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HomeMy WebLinkAboutProject Packet~ AMERICANA '11/1...J COMMUNITY BANK 300 Main Street West PO Box 559 Sleepy Eye, MN 56085-0559 507-794-3551 115 First Street Northeast PO Box 218 Medford, MN 55049-0218 507-451-2122 January 21 , 2009 City of Orono Attn : Ron Olson, Finance Director 2750 Kelley Parkway P .O. Box 66 Crystal Bay , MN 55323 Mr. Olson: 600 Market Street, Suite 100 Chanhassen , MN 55317-0790 952-937-9596 Member FDIC E-Mail Address: A1service@americanafinancial.com 9495 Black Oaks Lane Maple Grove, MN 55311 76 3-494-5600 3330 County Road 101 Minnetonka , MN 55391 95 2-745-9440 Americana Community Bank is sending you this written notice to request cancellation of Irrevocable Letter of Credit No . 123 for the account of Vogue ICF Homes , Inc , and in your favor , effective immediatel y. It is my understanding that upon receiving this cancellation notice , you will return the original In-evocable Letter of Credit to Americana Community Bank at the addres s listed below. Please contact m e at your earliest convenience if you have an y questions or concerns. Thank you, U/"'\ ~. ~----~ Ce_ I ' " ' ' --~.-.. Ashley Pederson A mericana Community Banlc 3330 Coun hJ Road 101 Minneto nka, MN 55391 Ph one: (952 )745 -9440 Fax : (952 )745 -0337 ashlc1m@americanafi.nancinl.com I\ • mer1cana community bank Member FDIC E-Mail Address: A1service@americanafinancial.com 300 Main Street West PO Box 559 Sleepy Eye, MN 56085-0559 507-794·3551 115 First Street Northeast PO Box 218 Medford, MN 55049·0218 507-451·2122 600 Market Street, Suite 100 Chanhassen, MN 55317-0790 952-937-9596 9495 Black Oaks Lane Maple Grove, MN 55311 763·494-5600 IRREVOCABLE LETTER OF CREDIT TO: City of Orono Dear Sir or Madam: 3330 County Road 101 Minnetonka, MN 55391 952-745-9440 No. 123 Date: April 2, 2007 We hereby issue, for the account of Vogue ICF Homes, Inc. and in your favor, our Irrevocable Letter of Credit in the amount of $17,000.00, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 123, dated April 2, 2007, of Americana Community Bank"; b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying that Vogue ICF Homes, Inc. is in default of the Development Contract with the City of Orono and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at 3330 County Road 101 Minnetonka, MN 55391, on or before 4:00 p.m. on October 5, 2007. This Letter of Credit shall automatically renew for successive one-year te1111s unless, at least forty-five ( 45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323, and is actually received by the City Administrator at least thirty (3 0) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the laws of the State of Minnesota and by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. 300 Main street West PO Box 559 Sleepy Eye, MN 56085-0559 507-794-3551 115 First Street Northeast PO Box 218 Medford, MN 55049-0218 507-451-2122 600 Market Street, Suite 100 Chanhassen, MN 55317-0790 952-937-9596 Member FDIC E-Mail Address: A1 service@americanafinancial.com 9495 Black Oaks Lane Maple Grove, MN 55311 763-494-5600 3330 County Road 101 Minnetonka, MN 55391 952-745-9440 This Letter of Credit is in accordance with Americana Community Bank's Application and AQTeement for Irrevocable Letter of Credit number 123 with issue date of 3/21/07. 0 We hereby agree that a draft drawn under andj~ complian~e ✓with this Letter of Credit shall be duly honored upon presentation. ";f ·b/..... . .> BY: /r;i{,~ -A _,ij:__ --, I Its: Commercial Lender 300 Main Street West PO Box 559 Sleepy Eye, MN 56085-0559 507-794-3551 115 First Street Northeast PO Box 218 Medford, MN 55049-0218 507-451-2122 600 Market Street, Suite 100 Chanhassen, MN 55317-0790 952-937-9596 Member FDIC E-Mail Address: A1service@americanafinancial.com 9495 Black Oaks Lane Maple Grove, MN 55311 763-494-5600 3330 County Road 101 Minnetonka, MN 55391 952-745-9440 IRREVOCABLE LETTER OF CREDIT TO: City of Orono Dear Sir or Madam: No. 123 Date: April 2, 2007 We hereby issue, for the account of Vogue ICF Homes, Inc. and in your favor, our Irrevocable Letter of Credit in the amount of $17,000.00, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 123, dated April 2, 2007, of Americana Community Bank"; b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying that Vogue ICF Homes, Inc. is in default of the Development Contract with the City of Orono and that five ( 5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at 3330 County Road 101 Minnetonka, MN 55391, on or before 4:00 p.m. on October 5, 2007. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five ( 45) days prior to the next annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the laws of the State of Minnesota and by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. i' ( 300 Main Street West PO Box 559 Sleepy Eye, MN 56085-0559 507-794-3551 115 First Street Northeast PO Box 218 Medford, MN 55049-0218 507-451-2122 600 Market Street, Suite 100 Chanhassen, MN 55317-0790 952-937-9596 Member FDIC E-Mail Address: A 1 service@americanafinancial.com 9495 Black Oaks Lane Maple Grove, MN 55311 763-494-5600 3330 County Road 101 Minnetonl<a, MN 55391 952-745-9440 This Letter of Credit is in accordance with Americana Community Bank's Application and Agreement for Irrevocable Letter of Credit number 123 with issue date of 3/21/07. We hereby agree that a draft drawn under and if\ complian~e,,-with this Letter of Credit shall be duly honored upon presentation. _;;;:/::I-£'.:///__~--· __ .. _ .... :~,, BY: /~t/~·>,A? k_ /--, I - Its: Commercial Lender CITY of ORONO April 13, 2007 Kevin D. Thielfoldt, Vice President Eagle Valley Bank, NA 3000 County Road 42 W Burnsville, MN 55337 Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Re: Acknowledgement of Cancellation -Letter of Credit 1182 Dear Mr. Thiefoldt: Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Per Mr. Eric Vogstrom's request of April 2, 2007, enclosed herewith please find original of Letter of Credit 1182 drafted in the amount of $32,430.00 re: Eric J. Vogstrom's Vegetation Restoration Plan in conjunction with the North 80 feet of Block 3, Winships Subdivision Lot 1, Spring Park Addition, Hennepin County, Minnesota, City of Orono. If you have any questions, please contact me at 952-249-4627. Sincerely, City of Orono i id Melanie Curtis City Planner cc: Ron Olson, Finance Director Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us 0 ~--~~:;::E::=A-GLE VA-LL=EY:;::~=.~✓ ------------------------------------ Burnsville BANK 3000 w. co. RD. 42, P.O. Box 1173 BURNSVILLE, MN 55337 Since 1919 PHONE 952-736-7775 FAX 952-736-2301 March 24, 2005 City of Orono P.O. Box 66 Crystal Bay, MN 55323 We open Irrevocable Standby Letter of Credit Number 1182 in the amount of Thirty Two Thousand Four Hundred Thirty and 00/100 ($32,430.00) U.S. Dollars in favor of yourselves for the account of Eric J. Vogstrom expires June 30, 2008 at our counters. Available against drafts drawn at sight on Eagle Valley Bank, N.A., 3000 County Road 42 W, Burnsville, MN 55337 bearing the clause, "Drawn under Standby Letter of Credit No. 1182 of Eagle Valley Bank, N.A., 3000 County Road 42 W, Burnsville, MN 55337." Accompanied by: 1. A beneficiary's signed statement stating Eric J. Vogstrom has defaulted under the terms and conditions of the agreement concerning the Vegetation Restoration Plan in conjunction with the North 80 feet of Block 3, Winships Subdivision of Lot 1, Sprint Park Addition, Hennepin County, Minnesota, Orono, between the City of Orono and Eric J. Vogstrom. 2. This original Letter of Credit for Endorsement. Special Condition (s): 1. The Letter of Credit expires June 30, 2008. Payment will be made at the counter of Eagle Valley Bank, N.A., Attn: Standby Letter of Credit No. 1182, 3000 County Road 42, Burnsville, MN 55337. This credit is subject to the uniform customs and practice for documentary unless otherwise stated, ali documents are to be forwarded to us by mail, or hand delivered to our counters. Documents to be directed to: Eagle Valley Bank, N.A. 3000 County Road 42 W Burnsville, MN 55337 We hereby engage with drawers and/or bond fide holders that drafts drawn and negotiated in conformity with the terms of this credit will be duly honored upon presentation. Eagle Valley Bank, N.A. L 0.~,4/2? Kevin D. Thielfoldt -Vice President - Our business is community building. E-MAIL evb@eaglevalleybank.com One family. One home. One business at a time. WEB SITE www.eaglevalleybank.com CITY of ORONO February 27, 2006 Eric Vogstrom 2618 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: AUTHORIZATION TO REDUCE AMOUNT OF LETTER OF CREDIT FOR 2618 CASCO POINT ROAD Dear Mr. Vogstrom: Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is in response to your request that the City review the work completed and consider a reduction of the financial guarantee for the tree and vegetation restoration required per the Agreement dated March 25, 2005. The City currently holds a letter of credit from Eagle Valley Bank (Standby Letter of Credit Number 1182 dated March 24, 2005) in the amount of $32,430.00. The City Engineer has reviewed the work completed to date and has indicated that half of the current amount should remain in place to cover the potential future costs of corrective measures if necessary. Therefore, the City of Orono hereby authorizes the Letter of Credit be reduced to $16,215.00, such amount to be retained until the expiration date of June 30, 2008. Michael P.Gaffron Planning Director cc: Ron Moorse, City Administrator Tom Kellogg, City Engineer Tom Kuehn, Finance Director Kevin D. Thielfoldt, Eagle Valley Bank NA Encl. -Kellogg letter dated 2-3-06 Telephone (952) 249-4600 • Fax (952) 249-46.16 www.ci.orono.mn.us ~ Bonestroo -=::m Rosene ~ Anderlik & 1 \j 1 Associates Engineers & Architects February 3, 2006 Mr. Mike Gaffron Planning Director City of Orono Post Office Box 66 Crystal Bay, MN 55323 2335 West Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com Re: 2618 Casco Point Road File No. 139-05-000 Plat No. 04-3052 Dear Mike: iRECEBVED FEB O 6 2006 CITY OF ORONO We understand that the tree and vegetation restoration efforts for this site are complete and in conformance with the approved restoration plan prepared by Markell Laberee Design Group dated December 22, 2004. We also understand that the applicant has a financial guarantee in place with the city in the amount of$32,430.00. We recommend that the financial guarantee be reduced to half of the current amount or $16,215.00 at this time. The revised fmancial guarantee should remain in place to cover the costs of any corrective measures necessary. We also recommend that no further financial guarantee reductions be considered until June 30, 2008 as stated in the agreement the city has with the Vogstroms. If you have any questions please call me at ( 651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK. & ASSOCIATES, INC. ~-:--/ ~ /~7)~w-- TomKellogg St. Paul, St. Cloud, Rochester, MN • Milwaul<ee, WI • Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned CITY of ORONO February 27, 2006 Eric Vogstrom 2618 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: AUTHORIZATION TO REDUCE AMOUNT OF LETTER OF CREDIT FOR 2618 CASCO POINT ROAD Dear Mr. Vogstrom: Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is in response to your request that the City review the work completed and consider a reduction of the financial guarantee for the tree and vegetation restoration required per the Agreement dated March 25, 2005. The City currently holds a letter of credit from Eagle Valley Bank (Standby Letter of Credit Number 1182 dated March 24, 2005) in the amount of $32,430.00. The City Engineer has reviewed the work completed to date and has indicated that half of the current amount should remain in place to cover the potential future costs of corrective measures if necessary. Therefore, the City of Orono hereby authorizes the Letter of Credit be reduced to $16,215.00, such amount to be retained until the expiration date of June 30, 2008. Sincerely, .. £6 /j,,J (/';/'.,/ /\ //' ,7 ~·· / -.// 1/ ,,f---<:::.. /2 _.., =-~/ ,-----........,_ Michael P.Gaffron Planning Director . / {/ cc: Ron Moorse, City Administrator Tom Kellogg, City Engineer Tom Kuehn, Finance Director Kevin D. Thielfoldt, Eagle Valley Bank NA Encl. -Kellogg letter dated 2-3-06 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us JflA Bonestroo IICD Rosene 1l\ll Anderfii< & '1 ~ 1 Associates Engineers & Architects February 3, 2006 Mr. Mike Gaffron Planning Director City of Orono Post Office Box 66 Crystal Bay, MN 55323 2335 West Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com Re: 2618 Casco Point Road File No. 139-05-000 Plat No. 04-3052 Dear Mike: !RECEIVED FEB O 6 2006 CITY OF ORONO We understand that the tree and vegetation restoration efforts for this site are complete and in conformance with the approved restoration plan prepared by Markell Laberee Design Group dated December 22, 2004. We also understand that the applicant has a financial guarantee in place with the city in the amount of $32,430.00. We recommend that the financial guarantee be reduced to half of the current amount or $16,215.00 at this time. The revised financial guarantee should remain in place to cover the costs of any corrective measures necessary. We also recommend that no further financial guarantee reductions be considered until June 30, 2008 as stated in the agreement the city has with the Vogstroms. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. -~-/k /~r;vVw-- Tom Kellogg St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned Feb 03 2006 11:37 BONESTROO ROSENE ANDERLIK 6516361311 n Bonestroo IIICIII Rosene ~ Anderlil< & 1 \j 1 Associates Engineers & Architects February 3, 2006 Mr. Mike Gaffron Planning Director City of Orono Post Office Box 66 Crystal Bay, MN 55323 2335 West Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com Re: 2618 Casco Point Road File No. 139-05-000 Plat No. 04-3052 , QearMike: p. 1 We understand that the tree and vegetation restoration efforts for this site are complete and in conformance with the approved restoration plan prepared by Markell Laberee Design Group dated December 22, 2004. We also understand that the applicant has a financial guarantee in place with the city in the amount of$32,430.00. We recommend that the financial guarantee be reduced to half of the current amount or $16,215.00 at this time. The revised financial guarantee should remain in place to cover the costs of any corrective measures necessary. We also recommend that no further financial guarantee reductions be considered until June 30, 2008 as stated in the agreement the city has with the Vogstroms. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~~-. Tom Kellogg St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Affirmative Action/Eauaf Oooortunitv E'mnlnvPr ;iinrl S:-mnlnu"'"" nu,nart ~ Bonestroo CIIII Rosene ~ Anderlik& 1 \] 1 Associates Engineers & Architects February 3, 2006 Mr. Mike Gaffron Planning Director City of Orono Post Office Box 66 Crystal Bay, MN 55323 2335 West Highway 36 • St. Paul , MN 55113 Office: 651-636-4600 • Fa x: 651-636-1311 www.bonestroo.com Re: 2618 Casco Point Road File No. 139-05-000 Plat No. 04-3052 Dear Mike: RECEIVED FEB O 6 2006 CITY OF ORONO We understand that the tree and vegetation restoration efforts for this site are complete and in conformance with the approved restoration plan prepared by Markell Laberee Design Group dated December 22, 2004. We also understand that the applicant has a financial guarantee in place with the city in the amount of$32,430.00 . We recommend that the financial guarantee be reduced to half of the current amount or $16,215.00 at this time. The revised financial guarantee should remain in place to cover the costs of any corrective measures necessary. We also recommend that no further fmancial guarantee reductions be considered until June 30, 2008 as stated in the agreement the city has with the Vogstroms . If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & AS SOCIA TES, INC. ~~ Tom Kellogg St. Paul , St . Cloud , Rochest er, MN • Milwaukee, WI • Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned l/ ,' / ,' ,:/ / ,' // .- _ ........ .. ·Vfflet~r10N ~ou.r,oN -~~o· . ·. . . . •, . 1.s·.t1m Tree ~lumps local/on sho wn \. . l. ,,· E1Eflet1MAJ1>< . ••••• ·TOP Or IRON • U~;q. .. ,,,,• ............ .. I , ..... / f .... ·/ / / l ,l ' ,'/ / i ,-.. ,/ I I I r- 1 I I'' Iv I I j~'''O rJ, ... I / / ,' / / 12• I,. '&/r /~/I ! I AB2•joa1\. I I ' I ! I I ' : I ~ I + ~I ; /' l .. / ~14• Oa~ ' I I : 7S l I -,-r' ;,..,-1=-. / / / rue• Slump ,:f I <Ii l l I':· "J./ / 1\1 / I ./ l . .~, ,/ .,\ \ ' , / .. / ,' l ,' . ..-I ., ,. ,,'' / "I '/ ,,•·' / ·/ ,,, .. , ,, ,," .. ,, ,,, L,,. ,,•' j/ / ,~ --,,•--,' - ,,,• ,/· ./' ,,. / ,, . .. i I i (~ r:,11S IO ' . I ~ \o L 1¥ <Ji/.o , '{, Q_, \V ~ ~ ·.~.,'~ ('F'l) •·ll-fjd .. HeigbtXeric ~lldllawcn . 0 ~ F r~t g1J.11t hyssop (Agasu,ch, foemcui umn) ......................................... 2.0 1/, Prairie Onion (A/llllln srallatum) ...... : ............................ : ............................. 1.0'?/o LecdplCll'll (Amorpha camsccns) ................................................... , ............. 5 .0% Buttcrfly.millcweed (A.scltpias luberosa) ............ _ .................................... 6.0½ ~ 2• Ash ,, os pi:r client (~:'~---,------"-· C~ s.uk-;,'' Nf<.1'1 5 '1 . ········••···· ········\-········ "~ . ..... · ..... ;.' . /, .... Dc,i .i. I JI I \.. .,.•· -,.s'Buc'iiiiom­ rre• slump /aeolian shown [ as per clionl not field 'fOrlfied C>(''''~ I\ /,Ju -r --------.----, ---------. --180.00-- 1 5 89'23 100" E t.,,,,,, ·oa I ,,. .,, s' cotto"~o \ 1 tur(IP . I 0 5 Tree Preservation Notes: 1. All information on this drawing provided to Marke\1-Laberee by Vogue Design. TN• slump /acot/on shown as p•r c/lonl not. {ia /d vorified () :J 2 .. 26 Trees were removed within the 75' lakeshore setback and Road Right .. of .. Way, counting each stem of clumps as individuals. 2• £:Im 3. I Trees were removed within the city right .. of-way. 4 . .§. Trees were removed on neighboring property . I Tr•• slump local/on shown os p•r cl/en/ j no/ fi•/d ,;'°n·ti•d 5. The total number of trees to be replaced is 38. 6. City requires a minimum 3" restoration tree per tree removed. Contractor can opt to upsize tree s over sp~cified size. .....J. \ I/ IJ " 7. Recommend planting trees outside of wetland delineation to high~r elevations near removed tree location .. Higher elevations will insure tree vlability from standing in water. Do not plant within root zone of a removed tree to prevent bacteria from' decaying wood to effect restoration trees. 8. Rec9mmend removal of Buckthorn (noxious weed) to allow desirable restoration trees to flourish . 9. DuriQ9 a walk-thru of the site, I observed numerous stumps with beav.er damage, internal dry rot, and elms trees still standing _ L with signs of Dutch Elr,:i Disease . MNL MDC (FS) • Sedge Mc•dow Wfldflcnvc~ Mix . Mud p!Ollts.in "(Alisma subcordatam) .......................................................... 3.4¼ !ndigo bush. (Amorphafrult/cas~) .................. : ............................................ 1.2¾ I ,,: io' 4' Sprvc• I Treo slump /o calion shown \ as p•r cl/Ml no/ lldd v,rlfi•d·-((\ I J \ 2 • Spruce __.,,,-('\ Tr•• s,/ump~. local/on shown I e os p•r cl/en I no/ field o;erified I I I I I I I \ 1/ -----ci!o) ei,s. e' '----1--ISHS 10• 1.----..-(vv/~$ .J._ ____ _j Swamp millcwccd (A.rclepias h,carnala) .................................................... 4.2¼ New Engllllld asu:r (Aster n"1•oe anglia,) ................................................... l.2¾ Flat-topped wr (As/er 11mbtllabU) ......................................................... D.4o/; M1D·H~~~e.. f'~-si;;:r, l,IS,­ l'lil'~• erZ-"1-fZ. ~~•stcd 'Nntlve Gl"ll!Jo II,. WflcHlowc,r Mlw, l;lor · l2.!-:l .. ~•1~c) Site,i Whcr,, Vertie2l Tcxtu" Is D"'irod Weter hemlock (Cicu/a rnocufaJa) ............................................................. l.3% White prairie clover (Da/,a ca11dldum) ....... .-.............................................. 5.0% Purplo pr&irie clover (Da/,a pJll'flJ/1'<11tn) ...................... ; ............................. 5 .8¾ Showy tick trefoil (Desmodi11111 canodense) ............................................... 5.3¼ Rattlesnake IIU!Slct (Erlngiw,i y,a/fa//a) ................................................... 0.2% Joe-pyc weed (E11patorillin /TIDCulalllm) ..................................................... 5.3¼ Bonosct (Eupalorillnt pe,fallahfm) ........................................................ -... 2.9¼ Sneczcwecd (He/<llfum autwnnal,) .......... : ................................................. S.3¼ 111:NL MDC (GZ) • Mid-Height Xeric Pncrlc G= (J ta 5 ft•!) :i:/~':t~;7o:~~i: i:;a;d,~d~i~ ................................................... 3.0Y: B lue mA{B •/ '/" pc . ) .................................................. 33 .0.t, Prairi~romc (D~~n"; ti~'../J') .. , .............................................................. 10.0¾ CCll'lad~ wild c (Ely= ca:,~~;;;; ................................................ : ......... 4.0':', Little blucstc~ (St:hirac · 1011 :co ;;;;;;;; ................................................. 7•0V: [nd. . S h hyri 'P ) .............................................. 39.01/, p '.":1rss< arg a.rfrllmnrJJcms) ....................................... ,: .................... 3.0%. . SuggeaW Native Gru1 & Wildflower Mixes For Water Lo~ HeaY)' SoU Sites ~ MIX (GS)· Sedge Mnd!71f Gr...,, Mb (4 to 6/eet) Srnooth blue ustcr (Aster Jacvis) ................................................................. 2.0¼ · Amrc aster (Aster oalen1ct11giensis) .... , ...................................................... , 2.0% · MaxlmiUillJl s\lJlllowcr (Helionthu.r maximiJfiani) ...................................... 1.3% Fal(e sunflow,:r (/leliopsls /e/lanth aidcs) .................................................. 2.9% Great SL !obn's wort (HyperiCJJlll pyramidatum) .................... , ................... 0.8% g -0 S ra.mo .~opse<:d (SporoOQ/us hctuolepis) .................................................. 1.0% agge,i~.,. 1'1l!e/acn: ·•-•-. . 7 l'-· PL s ed ·-···---......... --... ~ .•. -.... --··-·-""' !, uggcst rsle/l,000 aqua re fcct.-... -................ _. __ ... _ ..... _ .... __ 3· oz. PLS BA1g b\uortem 1 .(Andropogon grrrard{) .. : ........................................................ 2.5¼ mcncan sough grass rReckmannla .Mrrigocl ., · 25 0' C d bl ~ . .,., • .,.,. '"'1 ................................ ..... • V. F ":11~ ~• OIJlt (Calamagrosti.s canD1:/!nsls) .................................... : ..... 10.5¼ Prm . s S•.(Carb:crlnata) .................................................................... 1.0% ~upine. sedge (Cara hystericina) ................... : ...................................... 1.5¼ F ce-;uited oval.sedge (Cw,xscopar /a) .................................. : .............. 1 0% V~x ~•. ge ~~are:x l'U!plnoitka) ..... · ......................... '. ................................... 2:0% Rall'~1~1 rye (Elymus v/rglnicu_s) ... : ..................................................... 15.0¾ a· c grn.ss (Gl~rla canadrnsh) ..................................................... 4.0¼ C iant manna rss (G/yt::eria grandi.r) ...................................... : ................. 4.5% 5 o~on. rus (Junc!JS ejfusus) ....................................... : ........................ : .. 1.0% GWltC bf;Ii:uB ff'""(Cllr71 vfrgalllm) .......................................... : .... : ............... 5.0½ Wrc°f u (~ (Sc,rpus atravirens) ............................................................. 2.0¼ ruvoo 8.::"51n,' b.clrpus cyperinw) ................................... : ............................... 3.5% er 11\1 s (Sc'-'"/1 ·at1r ) . G lbulr,,h .,,_ 1(\11 IS .. : ............................................................ 2.0% f 'J:4 ,5 (Scirpus valicfus) ......................... ::.: ...................................... 2.0'/, t ianbgrnss (Sorphastrom. mitans) ............................................................. 2 .5'1/, p 1 ~~ ur~d (Spargcmlum eurycarpum) .................................................. 5.0% SI All'lo co grass (Spartina pec/inota) .................... , ... , .............................. I 0.0% S uggcs~d raWncre •---·-·~•~·-= .. -·•-•·····-·-·· .... -.--... 6 !bs. PLS aggcsb:d ratc/1,000 11Quare r«t-.. -·-.. ·-----·-·--.. -3 OL PLS rartridg,:: pea (CDssia/a.r~ul/Jto) ................ , ............................................... 2.0¾ Stiffticksoed (Careopsls polma!a) ............................. , ............................... 2.0¼ • Pale purple coneflower (Eclri=a pa/Iida) ........................................ : .. 5.0¼ Creamy gentinn (G~lianaj/avida) ............................................................. 1.0% Coromon ox-eye (Heficpsis)ie/lanthaides) ................................................. 5 .0¼ . &mod headed bush clover (L espedew capilata) ....................... : ................ 3.0%· Rough blllLinS s(a( (Liarris aspcra) ............................................................ 6.0o/'• Dottcd-blnzing s4u; (Liatris fllJTICfata) ......................................................... LO¾ Wild lupine (Lvpij_a perrnnfs) .................................... , .......................... : . .4 .0¾ Wil d berga.mot (Mimardafislvlosa) .................................. ~ .... i'... ............... 2 .0¾ Showy penstcmon (Prnstemon grandiflorus) .................................... 0 ....... 3 .0% Whito prairie clover (Pe/a/ast~rrrum candidum) ........................................ 12.0¼ Pw?le ~rairio clover (Petalosttmum purp=m) ....................................... l ! .0¼ Yellow conoflower (Rah.bido f!IMala) ....................................................... 3 .0¾ Blaeli-eyed Susi!!! (Rudbecl:ia hirta) .. : .......... : ............ ; ................................ 10.0% · Stitrgotdcorod (Sa/idago rigida) ... : ............................................................ 2 .0¼ Showy goldenrod (Solidaga speciosa) ........................................................ 2 .0'/,· Prnirio spidenvorl (T'radescanh·a bracteota) ............................................... 2 .0% Hot!J)I vcrvain ( Verbena stricta) ................................................................. 5.0% ·Hcart-li:nf golden ,tc:cand crs (Zi;/a aptora) ............................................... 1.0% Suggested ralo/otl'0-...................... __ ..... '. .... -..... _ .... --··· .. ····-.. 4 l bs. bulk ' .., -~-~ 1\1\.1\ ~----1-• . ··-·-·-·-·--··1 oz. bulk Blue flag iris (Iris versico/or) ........................................................ , ............ ! .8% iall bluing SW' (Lfatris pycnostac/rya) ...................................................... 3.5¼ Gr,:at blue lobeUa(LobtTia ,iphllitica) ...................................................... 0.5Y, Monkey flow..r (Mimu/us ringtns) .................................................... -...... 0.1 ¼ Wild berga.mont (Monardafisrulosa) .. : ..................................................... 0.8% MMih botony (/'diculwL!---ar!",1·0..ris) ...................................................... 0.2¼ Prairie ciofl_ucfoil (Po lentil/a arguta) ....... : .................................................. 0.2¼ Mouni.Dln mi11t (Pyr:ncmth,111111!' v/rginianum) ...... : .................................... 03¼ Y cUow coneflower (RD!ibirla pinnata) ....................................................... 71¼ Bloek~ed &µss.n (Rudbeckia hirta) .......................................................... 5.5% Greco-headed concC!owcr (Rudbeckio lac iniarum) ..................................... 0.8¾ Giant Goldc:orod (So/iilago giganrea) ......................................................... 0.5%. Riddc!!•s Goldenrod (So//da goridelli1) ...................................................... 1.0¾ Stiff Goldenrod (Salidago rigida) ............................................................... 3.6¾ Toll m=low ru• (Thalktrum dasycarpum) .......................................... , ..... 10 .0¾ Blue vcrvoi.o (Verbena IID.rr/Jlo) ............. , .................................................... 12.6¾ Ironwced (Y,rnonla/OJcic:idata) ................................................................ 2 .0% Culvers roo t (fluonicastr111r1 virgin ic~m) ................................................... 1.3¼ Golde~ Alcunders (Ziz/a a,1rw ) .............................................................. :. 1.9¼ ~ n O"lu•,:tc d 1""'.::1.tc/a.c rc ··-·-·· .. --.. --......... --.......... -..... ,_,.,_.,.,,.,_ .. ,;, _____ ,_ ~ ibs, bulk 1Qu anity Code Common Name 9 . ! NRM :Map le . Nonhwood Red ... ~-1 --=±:-S,.,.U-M-,-.;.'.M_a_,.p_le-. S:::-ugi··· ·~ 3 ~ A BM iMaple . Au tumn Blaze ! 8 RCS '.Birch. River C.!l!.rDJ SUA ;Ash . Sum mil Botanical Name S iz 1Ac-;r rubrum 'Northwood · I 3" B F !Acer saccharum 1 3" B """:4ce r x lreem an i! 'Je/fersred· __ , :i· e ;Be/u/a nigra I 10· f !Fra xinus pennsi•f1•anica •s ummit· I 3" E !Couercus bicolor . --· I 3" C -- ; I ! ~Bonestroo -=-Rosene ~Anderlik& 1 \j 1 Associates Engineers & Architects February 14, 2005 Ms. Melanie Curtis P.O . Box 66 2335 West High way 36 • St. Pa ul, MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo .c om Crystal Bay, MN 55323-0066 R e : Cost Estimate for Planting at 2618 Casco Point Road . File No . 139-05-000 Plat No. 04-3052 Dear Melanie: _ REc1:,v1=o FEB 1 5 2005 CJTYoFoR ONo You requested that we provide a cost estimate for the replacement plantings proposed on the plan for 2618 Casco Point Road . · The plan shows approximately 3000 square feet of planting area for native seed mixes, plus 38 trees and 81 shrubs. Our estimate of the cost for the materials and installation of the plantings shown on the plan is $21,620. This includes $1500 for native seed and installation, and 20 ,120 for the 38 trees and 81 shrubs (materials and installation) shown on the landscape plan. If you have any questions relative to the review or have further questions , please contact me at (651) 604-4758. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Sherri A. Buss, M.L.A. Cc: TPK • St. Paul , St . Cloud , Roc hester, Willmar, MN • Milwaukee , WI • Chicago , IL Affirm at ive Action/Equal Opportunity Employe r and Employee Owned 0 ~-s~~:::;=,:::::-EA-GLE VA-LL=EY::;::~~-~-- ------------------------------------ Burnsville 8 AN K 3000 w. Co. RD. 42, P.O. Box 1173 BURNSVILLE, MN 55337 Since 1919 PHONE 952-736-7775 FAX 952-736-2301 March 24, 2005 City of Orono P.O. Box 66 Crystal Bay, MN 55323 We open Irrevocable Standby Letter of Credit Number 1182 in the amount of Thirty Two Thousand Four Hundred Thirty and 00/100 ($32,430.00) U.S. Dollars in favor of yourselves for the account of Eric J. Vogstrom expires June 30, 2008 at our counters. Available against drafts drawn at sight on Eagle Valley Bank, N.A., 3000 County Road 42 W, Burnsville, MN 55337 bearing the clause, "Drawn under Standby Letter of Credit No. 1182 of Eagle Valley Bank, N.A., 3000 County Road 42 W, Burnsville, MN 55337." Accompanied by: 1. A beneficiary's signed statement stating Eric J. Vogstrom has defaulted under the terms and conditions of the agreement concerning the Vegetation Restoration Plan in conjunction with the North 80 feet of Block 3, Winships Subdivision of Lot 1, Sprint Park Addition, Hennepin County, Minnesota, Orono, between the City of Orono and Eric J. Vogstrom. 2. This original Letter of Credit for Endorsement. Special Condition (s): 1. The Letter of Credit expires June 30, 2008. Payment will be made at the counter of Eagle Valley Bank, N.A., Attn: Standby Letter of Credit No. 1182, 3000 County Road 42, Burnsville, MN 5533 7. This credit is subject to the uniform customs and practice for documentary unless otherwise stated, all documents are to be forwarded to us by maii, or hand deiivered to our counters. Documents to be directed to: Eagle Valley Bank, N.A. 3000 County Road 42 W Burnsville, MN 55337 We hereby engage with drawers and/or bond fide holders that drafts drawn and negotiated in conformity with the terms of this credit will be duly honored upon presentation. Eagle Valley Bank, N.A. L0.~~ut. Kevin D. Thielfoldt---VicePresient ~ \ Our business is community building. E-MAIL evb@eaglevalleybank.com One family. One home. One business at a time. WEB SITE www.eaglevalleybank.com THIS AGREEMENT and RELEASE made and entered into this ;;2.-5 day of flt tlrth , 2005 by and between the City of Orono, a municipal corporation located in the County of Hennepin, State of Minnesota (hereinafter referred to as City of Orono) and Eric and Elizabeth Vogstrom, owners of the property at 2618 Casco Point Road, Wayzata, MN (hereinafter referred to as the Vogstroms ). In consideration of the covenants contained herein, and in consideration of the Vogstroms' agreement to restore vegetation, on their property and adjacent City of Orono property, as shown on the Vegetation Restoration Plan attached as Exhibit A to this document, to replace trees and undergrowth removed on the Vogstroms' property in violation of City Codes and on adjacent property within the City limits of the City of Orono, the parties agree as follows: 1. The legal description of the Vogstrom property is as follows: North 80 feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter, the Property) 2. This AGREEMENT resolves the dispute related to the unauthorized removal of trees and vegetation from the Property within 75' of the shoreline of Lake Minnetonka and on adjacent City of Orono property. 3. The City of Orono agrees to discontinue pursuit of legal action against the Vogstroms related to the unauthorized removal of trees and vegetation clear cutting within 75' of the shoreline of Lake Minnetonka, in exchange for the Vogstroms and/or their successors and assigns agreement to plant and maintain the trees, shrubs and groundcovers set out in the Vegetation Restoration Plan which is attached as Exhibit A to this document. The trees and other plantings shall be planted as soon as practicable, but in no case shall a Certificate of Occupancy be issued until the Vegetation Restoration Plan has been fully executed. 4. The trees, shrubs and groundcovers within 75' of the shoreline of Lake Minnetonka shall be planted no later than June 30, 2005. The trees, shrubs and groundcovers to be planted outside the 75' setback of the shoreline of Lake Minnetonka shall be planted prior to the issuance of a Certificate of Occupancy and no later than September 30, 2005. 5. The City of Orono may enter the Property to inspect the planting, in order to determine that the trees, shrubs and groundcovers are planted in accordance with the Vegetation Restoration Plan. Page 1 of 3 6. The Vogstroms and their successors and assigns shall allow an annual inspection by the City of Orono to determine that the trees, shrubs and groundcovers are growing, and the Vogstroms and their successors and assigns shall replant any trees, shrubs or groundcovers that are dead or dying, and shall use best efforts to facilitate the life and growth of the trees, shrubs and groundcovers. This requirement shall continue in effect until each of the trees planted within 75' of the shoreline of Lake Minnetonka has reached a diameter of six inches, or 19 inches in circumference, at a point measured three feet above the ground. Additionally, this AGREEMENT shall continue in effect for the trees to be planted outside the 7 5' setback from the shoreline of Lake Minnetonka for no less than 5 years from their planting. 7. Performance Deposit: For the purposes of assuring to the City that the Vegetation Restoration Plan will be completed according to the terms of this AGREEMENT, and that the Vogstroms will pay all claims for work done and materials and supplies furnished, the Vogstroms have deposited with the City at the time of the execution of this AGREEMENT an irrevocable Letter of Credit from a Minnesota Bank in a form satisfactory to the City providing that the City is able to draw upon such Letter of Credit in its sole discretion to enter the property and complete the improvements if the Vogstroms fail to satisfactorily complete the work prior to the completion date specified in Item 4 above. The Letter of Credit shall be expire no sooner than three years after the completion date specified in Section 4 above, or no sooner than June 30, 2008 whichever is later, to ensure viability of the plantings. The amount of such deposit shall not be reduced before substantial completion of the Vegetation Restoration Plan. 8. The Vogstroms and their successors and assigns shall not trim any of the parts of the trees or shrubs, or remove any of the trees or shrubs, without City of Orono approval. 9. The vegetation within the wetland and within 26' landward of the wetland boundary shall not be mowed. 10. This AGREEMENT shall remain in effect until both parties agree to amend or terminate this AGREEMENT. This AGREEMENT may be enforced by injunctive relief in the courts of the State of Minnesota. 11. This AGREEMENT may be filed against the Property. The Vogstroms agree to obtain the consent of any other holders of interests in the Property in order to allow this AGREEMENT and RELEASE to be filed. Page 2 of 3 For the City of Orono oorse City Administrator STATE OF MINNESOTA COUNTY OF HENNEPIN For the Vogstroms, their heirs, successors and assigns This instrument was acknowledged before me this ,.25'7ciay of /27 e,1_/'ld, 2005 by Eric Joel Vogstrom, husband of Elizabeth A. Vogstrom. RACHEL DODGE !OT ARY PUBLIC. MINNESOTA . -~cmm,ss1on Expires Jan.31.2010 ST A TE OF MINNESOTA COUNTY OF HENNEPIN Notary Public ~ This instrument was acknowledged before me this ;75 day of /hc~t-, 2005 by Elizabeth A. Vogstrom, wife of Eric Joel Vogstrom. L-/!___ {k___j,(,,,__J! ___ f RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan.31.2010 Notary Public Page 3 of 3 VEGETATION RESTORATION PLAN APPROVAL Reference the attached plan by Markell Laberee Design Group dated December 22, 2004 for 2618 Casco Point Road, Wayzata, MN The City of Orono hereby approves the above referenced plan subject to the following additional conditions: 1. The Black Hills Spruce trees proposed for the property's eastern "point" shall be 12' in height rather than 8' as proposed; and 2. All of the attached City Engineer recommendations shall be met; and 3. No trees shall be replaced by the Vogstroms on the Essens' property; and 4. The trees proposed on the City right-of-way shall be located further east to be within the Vogstroms' property or as close as feasible to the property line; and 5. The existing ash trees located within the area labeled "stand of buckthorn to be removed" on the prope1iy' s eastern "point" shall not be removed. The property owner shall meet with City staff on the site prior to any tree removals to identify vegetation to be removed and to remain. ·VE6ef "f 10N W",f0UcTION -~~D' t.S-Elm Tree ~lumps /aeolian shown ---------(J,z.)f!,"f'p _____ _,,..,D\.{}-\!; {e) ~..,-r.:, _( • .rt)~ / ,' .:./ I / i,l ....... - _ ... , ;· .... -.... ::. I ........ ...,_::---,--- / .•ti) fb.li'71D=-----~"" ~ *·, ~I 1 .-~-G'roi,,,,, · . ~ / .25s< Pork,;,:, .. 'v, r ... 11.,r;, .. -'lr,a / o/ ® \ / / I \ / I \ / t _____ ::,_ -----,;---- .. 1telCHMARI< /TOP Of" IRON a 944.10,:: •• ,-..---' .. ,...... .. ... ---"" 1'' ....... , .......... .. I 1' I I , / ,,,,,, ,' .' ' ' / / / ,/ / ,, l ,' .,/L. ...-f-. ' I I / ~i=,HS 10' / / r­ / . Suggc:ated Native GM1B1 & Wildflawcr Mix .. For W.11tcr Low,<! Heavy SoU Sites ~ MIX (GS) • Sedge Meadow Griw Mix (./ to 6 fe,t) !'S b(ucstc~.(Andropogon gerard() .. : ........................................................ 2.5% C mc~c~ !,j,gh grass (Beckmann/a syrigachn~) ..................................... 25.0% F:r:_~ s::i•8~111~~;::i,~ 0 stis carwd,nsis) .................................... : ...... 10.;¼ p ""':: .( ~ .................................................................... 1.01/, L on:upme. sedge (Care:r hyslt:ric:ina) ................... : ...................................... I .S¾ F llllcc-;uitcd oval sedge (Caro:,; scopar/a) ......................... : ....... : .............. 1.0% v°:gf cia8:f ~arrye:(v:1pln;ie:) ~-;;;;, .. ·"·:·· ............... : .................... • .............. 2.0•1; Rattl. /ym gt .s) ......................................................... 15.0½ • csn.akc grass (Glycer/a canadrnsl.r) ......... : .......................................... 4 0% giant manna grass (Glyceria grandi.r) ........................................................ 4:5% S o~on.rush (Juncusejfusus) ....................................... : ........................ : .. 1.0¼ G:~~ b!::rc:;= ;:!::11; ......................................... : .... : ............... 5.0;'° W l (S rpus . ) ............................................................. 2.01/, Ri oo grasbulrus h.c(l'!IIS cypennllS) ................................... ; ............................... J.S¾ vcr s oclrpusjlirviatflis) • · • G I bulni h (Sc. .. .............................................................. 2 .01/, rn~llll grns: so ''f:;::/'!:/;;,; ..................... : .. : ...................................... 2.D"f' G. tb ~ rp . ) ............................................................. 2.51/, p •~. ur~ (Sparganlum eurycar;pum) .................................................. 5.0% -- 8 rau:io co grass (Sparti,,a peclinata) ....................................................... I 0.0% S uggesled rate/acre •··--·-·-•-·.; .. -.. --..... _._ ..... _. __ ... 6 !ba. PLS agges!N ratc/1,000 sqaan, fcet..-.. -·-•·•-•------3 oz. PLS l ': ~ . l Ntzlv\, -~------- I /\ Iv I jt• r• o t''"" I / i , / / ' ,. .l l 12· 1rce :~/ /~'I I I • I . • ! ch 12"/001 ~ .. 7C...'G I I . ' I I • I . ' f 1 : .' I I "" / .J. \' ,,, ,., \f 'fl /, !. ' / ~14• oa} I ' I I 75 <ii l I C)c,i l J 11 2' Ash Tr•• slump /acatlan shown as psr cllsnf no/. fiald vorifisd I 2• Elm Jacal/an shown ,, as pi:r cll~n I (~·~•"'" -,.s· Buc'iihom­ Tr.:e slump local/on shown nat field -.,,r//ied t ..... .s··-······-·-\-:·-·· /,,• l as per c/lonl C>(,r~d I\ ;,J (} J I 1. All information on this drawing provided to Marke\1-Laberee by I Vogue Design. I 2 .. 26 Trees were removed within the 75' lakeshore setback and Road Right•of .. Way, counting each stem of clumps as I · individuals. 3. 7.. Trees were removed within the city right•of•way. I 4. 2 Trees were removed on neighboring property. 5. The total number of trees to be replaced is 38. 4• Sprue• \ Troe slump /acallan shown \ as p•r cll•nl not f/dd vorlfi•a·- 1 <r, J I .2'Spruce ___.,..-r\ Tress-lump~. location shown \ e os p•r cJ/,nl nol tidd yer{fiod \ suk ::;" /1 •,-,j r,1-r,;,,.)d'1 \,U111111t-'I \.,)~,;;., ,, --------$Y / ... ,/ rue~ $/ump I Tr•e slump ,_...,~_-. as p•r ctrsnl \ no/ field 't.YBrifisd I 6. City requires a minimum 3" restoration tree per tree removed. \ Contractor can opt to upsize trees over sp~cified size. I I I I .! ~ I ,!,HS \o' · MNL MDC (Fl).· M.id•Reigbt Xeric Wlld!!ow~ra . Fragrant gi11nt hyssop (Agaslac/,,/oenicu/umn) ......................................... 2.0% Prairie Onion (A/ll1't11 srallatum) ...... : ............................ : ............................. I.0~• Lcadplont (//morpha canescons) ................................................... , ............. 5.0% Butterfly.milkweed (Asclepias tuherosa) ................................................... 6.0% Smooth blucnstcr(AsterJa,vis) ............................................................... ~2.0¾ · Azure aster (Aster oole,,tangiensls) .... , ...................................................... , 2.tl% · ?a.rt.ridge pea (Cassiafasit:idata) ................ , ............................................... 2.0¾ Stiffticksoed (Coreopsls palma!a) ............................. , ............................... 2.0¾ • Pale pu[Jllo roneflowci' (Eclri=a paltida) ............................................ 5.0¾ Creamy gentian {Ge:ntianaj/avida) ............................................................. 1.0% Co=on ox-eye ,Hefi.opsis.he//anthaides) ................................................. 5.0¼ Rouod headed bush clover (Lespedeza capllata) ....................... : ................ 3.0'/o' • Rough blazing star (Llatris asp<ro) ........... ,. ............................................... 6.0:,', Dottcd-b!o:zing sUi; (Liatris punctata) ......................................................... LO¼ Wild lupioo (Lupifjl3 perennfs) .................................... , .................... : ..... : .. 4.0% Wild bel'J!lllllOt (Mimardafl!IIUlosa) .................................. ~ .... ~ ................. 2.0% Showy i,cnstemou (Prnslemon grand!florus) .................................... ~ ....... 3 .0% Whit. prairie clover (Petalos/~mum candidum) ......................................... 12.0% Purple prairie clover (Petalostemum purpureum) ....................................... 11.0% Yellow coneflower (Ratibida pinna/a) ....................................................... 3.0% Black-eyed Susa.n (RudbecHa hirta) ............. : ............ , ................................ I 0.0% Stiff goldcorod (So/i.dago rigida) .. : ............................................................. 2.0% Showy goldenrod (Solidago speciosa) ........................................................ 2.0%- Prairie spidcnvort (Tradescantia bracleata) ............................................... 2.0"/a Henry vcrvain ( Verbena stricla} ................................................................. 5 .0% I I I I l _J ·J-Icart-lenfgoldcn a!e,candcrs (Zizlo aptera) ............................................... 1.0% Suggested rste/ncr,e_ ....................... _ .... : ..... -----.. ···-··4 !bs. bulk C:::rt ... ~-t~ -t ... t1.noo 1.nnnN (Ht ... _____________ ·--··-·--·-·--··z 0%. bulk 7. Recommend planting trees outside of wetland delineation to " " \ I/ I higher elevations near removed tree location .. Higher I elevations will insure tree viability from standing in water. Do not plant within root zone of a removed tree to prevent bacteria \ 1,' C j I from' decaying wood to effect restoration trees. 8. Rec9mmend removal of Buckthorn (noxious weed) to allow I desirable restoration trees to flourish. I \ I/ '----c .. )ett; e' '----+--1::>HS 10• -------+---1'1')\✓H~ I 9. DuriQg a walk-thru of the site, I observed numerous stumps with beav.er damage, internal dry rot, and elms trees still standing _ L with signs of Dutch Elm Disease. I _j_ ____ _j MNL MIX {F5) • Sedge Mcitdow Wild!low•r Mix . Mud plant.ain '(Alisma subcordatom) ........................................................... 3.4'/o J:odigo bush (Amorphafrulllcasa.) .................. : ........................................... 1.2% Swlll1lp milkweed (A.rclepias incamala) ................................................... 4.2¼ New Enghmd aster (A.rlu novae ang-/iae) ................................................... 1.2% Flat-topped aster (Aster umbtllatus) .......................................................... 0.4% Water hemlock (Cicuta maculaJa) ............................................................. 13% White prairie clover (Do/ea ccmdk/um) ........ , ............................................. 5.0% Pw-plo prairie clover (Da/eapurpureurn) ...................... : ............................. 5.8% Showy tick trefoil (Desmodium canodense) .............................................. 5.3% Rattlesnake master (Erlnglum yucctfa//0) ................................................... 0.2% Joc-pye weed (Eupatorillin maculatwn) .................................................... 5.3% Boncsct (Eupalorium perfolloh!m) ............................................................ 2.9'1/, Sncez:cwced (He//;)J/Um auiwm,al<) .......... : ................................................. 5.3% Maximillillll sunflowc:,: (Helianthw maximil/iam) ...................................... 1.3¼ False sunfloWl:f (Heliopsl.! hellanthoides) .................................................. 2.9% Great St. !ohn's woi:t (Hypericum pyramklatum) .................... , ................... 0.8% Blue flag iris (Iris versicolor) ........................................................ ,. ........... l.8% 'Tall blazing star (Liatris P)iC710Slachyo) ...................................................... 3.5¼ Great blue lobtlla (Labelia siphilirica) ....................................................... 0.5% Monkey flower (Mimulus.ringens) ............................................................ 0.1% Wild bergll.11loat (Monardafistulosa) .. : ............................................... -•.• 0.6% Marsh bctony (Pedicu/ari.r canadensis) ...................................................... 0.2% Prairie cinqucfoil (Potenti/la arguta) ....... : .................................................. 0.2% Mounwn mi11t (J>ycnanthem111f1 virglnianum) ...... : .................................... 0.3% YeUow coneflower (Ratibida pinnota) ....................................................... 71% Black-eyed sµ.ss.n (Rudbeclda hirta) ........................................................... 5.5% Grcen•headed coneflower (Rudbeclda laciniatwn) ..................................... 0.8% Gillllt Goldea.rod (Soliilago gigantea) ......................................................... 0.5%. Riddcll•s Goldenrod (Solldago ride/Iii) ............ · ......................................... 1.0% Stiff Goldenrod (Solidago rigida) ............................................................... 3.6% Toll me&low rue (T/,a/icJnJm darycarpum) .......................................... , ..... 10.0% Blue vcrvnin (Verbena ha.stbla) ............. , .................................................... 12.6% Ironwecd (Vomon/afo.sciCJJiata) ................................................................ 2.0% Culvers root (fleronicastrum virginicum) ................................................... 1.3% Golden Al=ders (Zi:zia ar.Jrea) ................................................................ 1.9% SoV<•catco ratdo.cre .......................................... -... -.............. -••• -'\ lbs. bulk --0 S<tg~cstl:d Nntivc Gt"ll>lo & Wlld&wcr M!u. ilo~ · 12.r'1.ffiet-!c) Site,, Whcrc VortJe3[ "fcrtuo.., Is Pe.ired 111:NL MDC (G2) • Mid•He!gllt Xeric Pracrle G..,,..,., (3 to 5 fe,t) :::/~':sst=~::::i~t';':,/:,;.:dt)n.d •. u .. l·a ..................................................... 3·0°'1: Bl ,,.-.. ( pc . ) .................................................. 33.0.r, p u.c.~mn. (BouMaua gracilis) .. , ............................................................. 10.0% c:::11;:e<!t!J;:::::/~;~~i;···· .. ··· ....................................... :···· ..... 4.0;• Little blucstcZ (&hizac ·um sco ;;;;;;; ................................................. 7·0 V: Ind. · Jryri 'P ) ............................................... 39.01/, Pra: S::s~"Jf ;a::::,:IJJ::e~~i;··,;· .. ·· ......................... : ..................... 3.0~ • s P ) .................................................. 1.ov. Dggestcd ni!clacrc •·-•-·-····-•....... . · · 7 lbs. PL!> Suggested rstc/1,000 aquarc fcct .•... -.............. _ .. -· .. ·-·· .. -· ...... 3 oz. PLS Siz 1Quanity Code Common Name Botanical Name 'Acer rubrum •Northwood· !Acer saccharum I 3" B g . i NRM :ii.apie. Non.h• .•• vo_o_d_R_e_d ___ _ I 3" B I 1 ', SUM :rvlaple. Sugar . I 3• e · i3~BM JMaple. Autumn Blaze )Acer x lreemanii •Je/fersrecl· . · s I RCB 1Birch. River Clump i8etula nigra ~ 4 SUA ,Ash. Summit ,Fraxinus pennsylvanica •summit' \ 3" E ~ SWO ;Oak. Swamp White !Ouercus bicolor \ 3" E \ 1 I BHS iSpruce. Blaci'. Hills Picea g/auca densata __ ,~ .F(_i 1 _B_~s-~?!~~~~.i_ll_s --------+\P=:i_ce_a-'g':-la_u_c_a -,d_en_.,_at;-a _____ -·· 7~•.i 3 . BHS .Spruce. Black Hills Picea g/auca densala . _____ ·--- 47 RTD Oogwood. Red Twigged \cornus sericea ·saileyi'.__. · -~-1:.~ c, 17 WHS 'Snowberry. White ,Symphoricarpos a/bus __!~ .C. . i'iibvm-um-i'iiiobJ.71 :Hahs•-·-_ .. . _. ~ _.,i #2 C ;7 HAV lv,burnum. Hahs CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 TYPE OF APPLICATION: Variance DATE OF MEETING: February 28, 2005 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: March 1, 2005 COPIES: VOTE: 3 FOR 2 AGAINST Motion: To approve a hardcover variance for 31.7% hardcover within the 75' 250' zone per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than February 28, 2006. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 24, 2005 7:00 o'clock p.m. *4. #04-3022 PIDL SKOOG, 280 TONKA A VENUE -VARIANCE -RESOLUTION NO; 5280 Sansevere moved, McMillan seconded, adopting RESOLUTION NO. 5280, a Resolution granting renewal of variances granted in 2000 for a rear yard setback variance in order to construct a dining room addition to the existing home 43.9' from the rear lot line where 50' is required to the residence at 280 Tonka Avenue. VOTE: Ayes 4, Nays 0. 5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Curtis indicated that she was unaware the applicant would be absent this evening. McMillan stated that, due to the complexity of the agreement, she was reluctant to proceed with this application without the applicant present. The other Council members concurred. Murphy added that his concern includes reservations that the applicant will do what he agrees to in good faith, when he does not feel his attendance is necessary at this level. Although one neighbor was present for comment, Attorney Barrett recommended his comments be postponed until the next Council meeting when the applicant is present to hear the neighbors concerns and comment on them. Moorse pointed out that the applicant had been informed that the Council would not take action regarding the application until the City had received the signed tree replacement agreement. Mayor Peterson moved, Murphy seconded, to table application #04-3052, Eric Vogstrom, 2618 Casco Point Road, in the absence of the applicant. VOTE: Ayes 4, Nays O. *6. #05-3071 ANTHONY THOMAS HOMES, 400 LEAF STREET -VARIANCES - RESOLUTION NO. 5281 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5281, a resolution granting a lot area variance for 400 Leaf Street. VOTE: Ayes 4, Nays 0. *7. #05-3076 GREGORY AND JEANNE GUSTAFSON, 1280/1290 SPRUCE PLACE- V ARIAN CE -RESOLUTION NO. 5282 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5282, a Resolution granting a lot area variance, lot width variance, and conditional use permit for 1280/1290 Spruce Place. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT Murphy reported that the City continues its efforts to negotiate with the Vets regarding the Big Island Vet Camp and recently met with the Board of Governors' real tors. Murphy stated that, on behalf of the City, Gabriel Jabbour is meeting with the Board of Governors this evening at their regular meeting to encourage_ them to entertain public ownership of the property in an informal discussion . PAGE 3 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2005 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS -Jim Leslie Leslie stated that he had nothing to report, but would remain for questions. PUBLIC COMMENTS John Gehring, 1687 Concordia Street, read a letter containing his comments into the record . Within the letter, Gehring stated that he objected to the City of Orono spending $5 .7 million taxpayer dollars to purchase 53 acres on Big Island. He felt the City should ask for additional input from its citizens regarding the purchase using tax dollars, via a referendum, especially for an open space purchase that was yet to have a vision. The Mayor thanked Mr. Gehring for his conm1ents. ZONING ADMINISTRATOR'S REPORT *4. #2587 KRIS RUDD, 4575 WAYZATA BOULEVARD WEST-FINAL ROAD PLAT APPROVAL -RESOLUTION NO. 5285 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5285, a Resolution granting approval for CITY OF ORONO RIGHT OF WAY PLAT NO.1. VOTE: Ayes 5, Nays 0. 5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES - RESOLUTION NO. 5286 Curtis explained that at the February 14 th Council Meeting, the Vegetation Restoration Plan with amendments to the Agreement was approved, and the variance Resolution pertaining to the hardcover was tabled. The applicant has not revised his request nor has staff made any changes to the resolution. Sansevere stated that if staff had not changed its opinion that the variance request was not supported by a hardship, he could not move to approve the request. Gaffron indicated that staff had not changed their opinion . Mayor Peterson stated that she had changed her position slightly after visiting the site once again . She indicated that she would be in favor of approving a variance in an effort to save this one remaining large oak tree left on the sit'e, since most of the others had already been lost. Vogstrom asked whether the City had granted variance requests in the past based on a hardship to save h·ees. Sansevere conunented that it was rather ironic that, at this point, the applicant was requesting a variance to save one h·ee, after having ripped down a whole bunch of significant trees without pennission in the first place. PAGE 2 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2005 7:00 o'clock p.m. (5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Vogstrom maintained that, had he gone through the proper channels to obtain petmission, some of the trees would have been allowed to be removed in the first place. Although not within the Ordinance, Attorney Banett stated that the Council has granted variance requests based on trees in the past if they choose to do so once again. Murphy stated that he had consistently voted no to this application, and would do so again. He was concerned that the footprint of the proposed house was too much for the lot, pointing out that the 1500 s.f. footprint is not an entitlement but a limit. He believed that a footprint of 1250 s.f. was more appropriate. Murphy stated that he would be inclined to grant the variance to save the tree, only because the neighbor supported it and he was the one most adversely impacted by the applicant's actions. Vogstrom asked why he did not wa1rant 1500 s.f. Gaffron stated that lots less than 10,000 s.f. are allowed up to a 1500 s.f. footprint; however, it is an allowance, which an applicant is not entitled to if it adversely impacts hardcover. Moorse pointed out that there are numerous examples of new construction that do not have a 1500 s.f. footprint due to hardcover limitations. McMillan stated that she was satisfied with the work that staff had done and with their recommendation. She indicated that the City has Ordinances in place for a reason and that the City should maintain its right of way, as many of its right of ways have been severely encroached upon. She stated that she would hold firm on staffs reconm1endation. White concuned, pointing out that if the applicant were given a variance, there was no guarantee that the tree would survive anyway; therefore, he was not willing to suppmi the variance. White moved, McMillan seconded, to approve staff's report and adopt RESOLUTION NO. 5286 as presented. VOTE: Ayes 3, Nays 2. Mayor Peterson and Murphy dissenting, positions noted above. Murphy added that he found it troublesome that the City may be viewed as deeming that trees are not wmih saving. 6. #05-3072 ORONO SCHOOLS, 685 OLD CRYSTAL BAY ROAD NORTH- VARIANCE AND CONDITIONAL USE PERMIT Mayor Peterson moved, Murphy seconded, to table Application #05-3072, Orono Schools, to provide an opportunity for staff to clarify the resolution. VOTE: Ayes 5, Nays 0. *7. #05-3079 NICOLE AND PETER THOMAS, 1385 ORONO LANE -VARIANCES - RESOLUTION NO. 5287 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5287, A Resolution approving a hardcover variance for the 0-75' zone and also a lake setback variance to permit construction of a wrought iron deck within 75' of the lake. VOTE: Ayes 5, Nays 0. PAGE3 oflO MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2005 7:00 o'clock p.rn. 8. #05-3080 INTERSP ACE WEST, 2060 WAYZATA BOULEVARD WEST -PUD - CONCEPT PLAN REVIEW Gaffron explained that the applicants were present this evening requesting fmiher discussion of their proposed building designs and architectural standards. He pointed out that the City had not formally adopted any formalized design standards for the prope1iies east of Willow. Sansevere asked whether the City could put a moratorium on building design standards for this area until it has decided upon a standard, as it is currently under discussion. Attorney Barrett stated that if the City Council wishes to go into planning mode regarding a design standard, statutes allow it to do so. Gaffron pointed out that, since the grade would be lowered, the peak height would appear to be lower than earlier proposals. Murphy stated that he was under the impression that the general building designs used west of Willow would be extended to the properties east of Willow as they were redeveloped. He noted that the Highway 12 turnback committee had discussed redevelopment on many occasions and detennined that it was acceptable to set up plans for land use and begin applying general design standards to development now. While he felt the application had positive attributes, Murphy did not feel the aesthetics of what the applicants were proposing were appropriate. Though there were no real patterns of development east of Willow to date, Gaffron stated that the Council could take time to set up development standards. Sansevere stated that sites both east and west of Willow make up Orono's corridor and that he, too, had been under the impression that some standards had been already established. Gina Carlson shared several photos taken from the site and residential properties behind it to reflect the impacts, if any; the development would have on neighboring properties. She asked if the Council would discuss the site development models as a 'maple leaf pattern', the metal roof surfaces, the proposed stucco siding, and other standards as they apply to the surface materials. Sansevere indicated that he did not agree with the roofline or design as proposed and would vote no if the applicant wished to present this as their final design. He asked if the applicant would be willing to redesign the project as to better fit the standards as laid out to the west. Murphy and Mayor Peterson concurred. While she was reluctant to change the design as proposed, Carlson asked what sort of roof line the council would prefer, be it a gable, flat roof, modified gable, or other design. She indicated that she felt a strong attachment to the modified gable as proposed in the maple leaf pattern with metal roofs. Mayor Peterson suggested the applicant look at the packet given to her by staff to see what sort of elements of previous applications had been supported and approved. PAGE4 of 10 Date Application Received: 08-18-04 Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 REQUEST FOR COUNCIL ACTION Department Approval: Name: Melanie Curti111 {) Title: City Planner ~I)) Item Description: Administrator Approval: #04-3052-Eric Vogstrom-2618 Casco Point Road-Variances Date: February 25, 2005 Item No. Agenda Section: Zoning District: LR-IC, One Family Lakeshore Residential, 0.5 acre/I 00' Lot Area: 0.47 acre/20,561 s.f. Lot Width: 100' parallel to the shore & 80'@ 75' setback List of Exhibits: A. Resolution B. VRP Agreement & Amendment C. Council Action Notice 02-23-05 D. Draft Minutes from 02-14-05 E. Letter from Jeff Essen received 02-24-05 F. Photo Application Summary: At the February 14th Council meeting the Vegetation Restoration Plan with amendments to the Agreement was approved with a 3-1-1 vote. The Council also voted on the variance Resolution which resulted in a failed 2-2-1 vote, after which there was discussion leading to the tabling of the variance request. The applicant has not revised his request nor has staff made any changes to the attached Resolution. Bonestroo reviewed the VRP and indicated that it was an acceptable plan for the vegetation replacement. Recently Bonestroo was asked to comment on the tree for tree ( 1: 1 ratio) replacement or whether additional trees were more appropriate. As a result of the mature tree removals the tree canopy on the property has been significantly reduced. The proposed location, type and size of trees proposed will mature and eventually result in a similar level of canopy. In order to compensate for the slow growth time it may be appropriate to supplement with additional trees. However, there is not sufficient space to place additional trees within the areas of tree removals. Any new trees have to be planted substantially closer to the house where there weren't trees previously. Regarding the 36" oak tree on the neighboring property within 10' of the proposed house, care should be taken with construction practices within the area of the root growth. An arborist should be brought on site to air spade around the roots and prune the roots to avoid construction equipment crushing, cutting and mangling the root system. This will potentially help to assure the tree's survival. Additionally, should it be necessary for construction traffic to pass over the root system a one-foot thick layer of wood chips will help to absorb some of the vibration and compaction. Planning Staff Recommendation Approve or amend the attached Resolution. Council Action Requested Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 SUBDIVISION B FILE NO. 04-3052 WHEREAS, Eric Joel Vogstrom and Elizabeth A. Vogstrom, husband and wife (hereinafter "the applicants") are the owners of the property located at 2618 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: North 80 feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 31.7% hardcover within the 75'-250' zone where 25% is normally allowed in conjunction with the construction of a new single family residence. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3052. 2. The property is located in the LR-lC One Family Lakeshore Residential Zoning District which requires a minimum lot area of ½ acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearings held on September 20, October 18, and November 15, 2004 and recommended approval of variances based on the following findings: a. The applicants' property is 20,561 s.f. or 0.47 acre in area and has 100' in width at a line parallel to the shore and 80' in width at the 75' Page 1 of 6 setback, and therefore meets the build-ability criteria of Zoning Code Section 78-72(b )(1 ). b. The property is divided into two non-contiguous portions by the lagoon which is part of Lake Minnetonka. The applicants' land access to the non-contiguous piece is walking access over the adjacent City right-of-way. c. The applicants' existing driveway is located almost wholly on the adjacent City right-of-way. With the redevelopment of this property the applicants will abandon the existing driveway. 4. The City Council reviewed this application on October 25, November 8 and 22, and December 15, 2004 and January 10 and 24, 2005 and makes the following additional findings: a. The proposed house footprint exclusive of decks at 1,499 s.f. has been minimized to an appropriate level for the size of the property. The proposed 75'-250' zone hardcover level of 31.7% is the minimum hardcover necessary to support the proposed house while providing for adequate driveway and other site plan elements. b. The applicants have removed vegetation in violation of City Codes on their property and on the neighboring property. The restoration of the vegetation will be dealt with separately from the variance Resolution with an approved Vegetation Restoration Plan and Agreement with the City. c. The applicants have reached an agreement with the adjacent property owner with respect to the tree removal and screening. d. The grading and drainage plan shall include gutters, downspouts, swales, draintile, etc. as determined necessary to guarantee the runoff from the applicants' property does not negatively affect the adjacent properties. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, Page 2 of 6 comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 demonstrable hardship or 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 one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 31.7% hardcover within the 75'-250' zone where 25% is normally allowed in conjunction with construction of a new single family residence subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of O s.f. or 0%. Hardcover in the 75-250' zone shall be limited to 2,432 s.f. or 31.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 6 4. Applicants shall remove all gravel hardcover on the adjacent right-of-way and establish suitable vegetative groundcover by September 30, 2005. 5. Required removals of structure and hardcover shall be completed prior to the footing inspection for the new residence. 6. The approvals granted by this variance resolution shall not be valid until the applicants have entered into an Agreement with the City regarding their Vegetation Restoration Plan including appropriate provisions and financial security to assure execution. No temporary or permanent Certificate of Occupancy shall be issued until the Vegetation Restoration Plan has been executed to the City's satisfaction. 7. 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 within one year of the date of Council approval, or the variance will expire on that date (February 28, 2006). 8. 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. 9. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain oftitle of the property. Adopted by the Orono City Council on the 28 th day of February, 2005. Page 4 of 6 ATTEST: Linda S. Vee, City Clerk Property Owner( s) STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 14 th day of ____ , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2005 by Eric Joel Vogstrom, husband of Elizabeth A. Vogstrom. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Elizabeth A. Vogstrom, wife of Eric Joel Vogstrom. Notary Public Page 6 of 6 THIS AGREEMENT and RELEASE made and entered into this ___ day of -----, 2005 by and between the City of Orono, a municipal corporation located in the County of Hennepin, State of Minnesota (hereinafter referred to as City of Orono) and Eric and Elizabeth Vogstrom, owners of the property at 2618 Casco Point Road, Wayzata, MN (hereinafter referred to as the Vogstroms). In consideration of the covenants contained herein, and in consideration of the Vogstroms' agreement to restore vegetation, on their property and adjacent City of Orono property, as shown on the Vegetation Restoration Plan attached as Exhibit A to this document, to replace trees and undergrowth removed on the Vogstroms' property in violation of City Codes and on adjacent property within the City limits of the City of Orono, the paiiies agree as follows: 1. The legal description of the Vogstrom property is as follows: North 80 feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter, the Property) 2. This AGREEMENT resolves the dispute related to the unauthorized removal of trees and vegetation from the Property within 7 5' of the shoreline of Lake Minnetonka and on adjacent City of Orono property. 3. The City of Orono agrees to discontinue pursuit of legal action against the Vogstroms related to the unauthorized removal of trees and vegetation clear cutting within 75' of the shoreline of Lake Minnetonka, in exchange for the Vogstroms and/or their successors and assigns agreement to plant and maintain the trees, shrubs and groundcovers set out in the Vegetation Restoration Plan which is attached as Exhibit A to this document. The trees and other plantings shall be planted as soon as practicable, but in no case shall a Certificate of Occupancy be issued until the Vegetation Restoration Plan has been fully ~~~-. 4. The trees, shrubs and groundcovers within 75' of the shoreline of Lake Minnetonka shall be planted no later than June 30, 2005. The trees, shrubs and groundcovers to be planted outside the 7 5' setback of the shoreline of Lake Minnetonka shall be planted prior to the issuance of a Certificate of Occupancy and no later than September 30, 2005. 5. The City of Orono may enter the Property to inspect the planting, in order to determine that the trees, shrubs and groundcovers are planted in accordance with the Vegetation Restoration Plan. Page 1 of 3 6. The Vogstroms and their successors and assigns shall allow an annual inspection by the City of Orono to determine that the trees, shrubs and groundcovers are growing, and the Vogstroms and their successors and assigns shall replant any trees, shrubs or groundcovers that are dead or dying, and shall use best efforts to facilitate the life and growth of the trees, shrubs and groundcovers. This requirement shall continue in effect until each of the trees planted within 7 5' of the shoreline of Lake Minnetonka has reached a diameter of six inches, or 19 inches in circumference, at a point measured three feet above the ground. Additionally, this AGREEMENT shall continue in effect for the trees to be planted outside the 7 5' setback from the shoreline of Lake Minnetonka for no less than 5 years from their planting. 7. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this AGREEMENT, and that the Vogstroms will pay all claims for work done and materials and supplies furnished, the Vogstroms have deposited with the City at the time of the execution of this AGREEMENT an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to enter the property and complete the Improvements if the Vogsroms fail to satisfactorily complete the work prior to the completion date specified in Item 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than one year after the completion date specified in Section 4 above, or no sooner than June 30, 2006, whichever is later. 8. The Vogstroms and their successors and assigns shall not trim any of the parts of the trees or shrubs, or remove any of the trees or shrubs, without City of Orono approval. 9. The vegetation within the wetland and within 26' landward of the wetland boundary shall not be mowed. 10. This AGREEMENT shall remain in effect until both parties agree to amend or terminate this AGREEMENT. This AGREEMENT may be enforced by injunctive relief in the courts of the State of Minnesota. 11. This AGREEMENT may be filed against the Property. The Vogstroms agree to obtain the consent of any other holders of interests in the Property in order to allow this AGREEMENT and RELEASE to be filed. Page 2 of 3 For the City of Orono Ronald J. Moorse City Administrator STATE OF MINNESOTA COUNTY OF HENNEPIN For the Vogstroms, their heirs, successors and assigns Eric J. Vogstrom Elizabeth A. Vogstrom This instrument was acknowledged before me this_ day of _____ , 2005 by Eric Joel Vogstrom, husband of Elizabeth A. V ogstrom. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Elizabeth A. Vogstrom, wife of Eric Joel Vogstrom. Notary Public Page 3 of 3 VEGETATION RESTORATION PLAN APPROVAL Reference the attached plan by Markell Laberee Design Group dated December 22, 2004 for 2618 Casco Point Road, Wayzata, MN The City of Orono hereby approves the above referenced plan subject to the following additional conditions: 1. The Black Hills Spruce trees proposed for the property's eastern "point" shall be 12' in height rather than 8' as proposed; and 2. All of the attached City Engineer recommendations shall be met; and 3. No trees shall be replaced by the Vogstroms on the Essen's property; and. 4. The trees proposed on the City right-of-way shall be located further east to be within the Vogstroms' property or as close as feasible to the property line. 5. The existing ash trees located within the area labeled "stand of buckthorn to be removed" on the property's eastern "point" shall not be removed. The property owner shall meet with City staff on the site prior to any tree removals to identify vegetation to be removed and to remain. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Chaimel Drive Greenwood, MN 55331 ZONING FILE 05-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: February 23, 2005 COPIES: TYPE OF APPLICATION: Hardcover Variance I DATE OF MEETING: I February 14, 2005 Motions: ► To approve the resolution as amended. -Motion withdrawn no action. ► To approve the Vegetation Restoration Plan including amendments. • Vote: 3 for, 1 opposed, 1 abstention. -Motion passed. ► To approve the resolution as amended. • Vote: 2 for, 2 opposed, 1 abstention. -Motion Failed ► To table the variance request to the February 28, 2005 Council meeting. • Vote: 5 for, 0 opposed. -Motion passed. YOUR NEXT MEETING IS: CITY COUNCIL -MONDAY, FEBRUARY 28, 2005 -7 PM If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. 4. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES - RESOLUTION NO. Eric Vogstrom, Applicant, was present. Curtis addressed the City Council regarding the Vogstrom application, noting that conceptual approval was given at the January City Council meeting based on reductions to the proposed building footprint and hardcover levels. The conceptual approval revision consists of a 1,499 square foot building footprint and associated hardcover totaling 31.7 percent for the 75'-250' zone. A revised vegetation restoration plan has also been reviewed by the Planning Staff, the City Engineer, and the adjoining property owner. Further revisions based on the comments of the various reviewing parties have been incorporated into the version of the vegetation restoration plan that will be enforced by the agreement contained in Exhibit E. Staff has received a copy of the private agreement between the applicant and the neighboring property owners that resolves the illegal tree removal issue by the applicant on the neighbor's property. (Council Member Sansevere leaves the meeting) Murphy inquired about Item 4-c on page two and exactly what agreement has been reached with the adjacent property owner. Vogstrom indicated his neighbor requested $9,000 for the removed trees, which has been conveyed. Jeff Essen, 2648 Casco Point Road, indicated an agreement has been signed, with the inclusion of downspouts and gutters along with the financial settlement. Murphy inquired whether both parties feel the agreement has been fulfilled. Vogstrom noted the agreement was fulfilled approximately one month ago. Essen stated he had the understanding that no further trees would be removed from his prope1iy but that within the past week it was necessary to request a tree removal contractor to stop work on his prope1iy. Vogstrom stated it is crystal clear that he is not to remove any other trees from the Essen property and that the tree removal contractor was merely removing a five to six foot stump of a tree that had previously been cut down. Vogstrom stated it was intended to be a kind gesture on his pait. Murphy stated he would not be in support of the approval resolution due to the proposed footprint. White indicated he would like further clarification on the vegetation restoration plan and agreement with the City. Gaffron briefly outlined the proposed vegetation restoration plan, noting that the Planning Staff and the City Engineer have reviewed the plan and feel it is acceptable. White encouraged the applicant to follow through with the agreements he has entered into to avoid further problems. White noted a fair number of large trees were removed and are now being replaced with significantly smaller trees. Vogstrom stated the majority of the trees that were removed were Elm trees and Cottonwood trees that were either diseased or dead and that he did not remove any perfectly good trees. White stated in his opinion no further vegetation should be removed on this property until a survey is completed to determine what exactly is on the site. Vogstrom stated a survey has been completed and that Staff has also visited the site. White noted that buckthorn is proposed to be removed from the site, and expressed concern that other trees and vegetation may be removed as well. Vogstrom noted that Gaffron and Cmtis have visited the site and have taken numerous photographs of the area. Vogstrom stated the existing trees have been documented on a survey approximately three months ago. Gaffron stated permission has been given to remove the buckthorn. White noted the applicant has been told not to encroach upon the adjoining city lake access and suggested that the area be delineated very clearly prior to construction of the residence. Vogstrom stated he is in agreement with Council Member White and noted the neighbor to the north has a number of items located on the City's prope1ty. Cmtis stated there are piles of wood, construction equipment, a tractor, and possibly rolls of carpet, along with other items. Curtis stated Staff would be notifying that property owner that the items need to be removed. McMillan concurred that this would be a good time to clearly delineate that area as City property. Vogstrom stated he is in agreement with marking that area. Murphy noted Item 6 on page 4 of the resolution requires a performance deposit, and inquired whether an amount has been determined. Gaffron stated the amount is $32,430, which is 150 percent of the City Engineer's estimated cost for implementing the vegetation restoration plan. Murphy noted the agreement requires the deposit to be held by the City until June 30, 2006, and suggested that the City retain the performance deposit until June 30, 2008, to ensure that the vegetation will survive. Peterson stated she does have an issue with Item 6 in Exhibit E regarding an annual inspection by the City of Orono. Peterson indicated she would prefer to have a semi-annual inspection. Vogstrom indicated he is fine with increasing the frequency of the inspections. Gaffron stated once the trees reach six inches in diameter, the City typically no longer inspects them. Barrett recommended Paragraph 11 in Exhibit E be amended to read that this agreement may be filed against the property, and applies to the Vogstroms, their heirs, and successors of the land. Barrett recommended adding Paragraph 12, which would state that the parties agree to disclose that the agreement is enforceable by conjunctive relief though legal remedies that may be available, and that the signature section on Exhibit E be amended to include the Vogstroms, their heirs, or successors. Barrett indicated that language would notify future property owners that this agreement would be enforced against them. Essen stated he has no objections to the variance for hardcover and that he is in support of a new residence being constructed on this lot. Essen stated approximately one foot off of his property line is located a 36 inch oak tree. Essen expressed concern that that oak tree would be killed if the house is constructed in the proposed location. Essen indicated he would be in support of moving the house five feet to the north, which would give the tree an additional five feet of root space and possibly enhance the life of that tree. Gaffron stated he did speak with the applicant on this issue and that the view from the street would not be negatively impacted if the residence were moved five feet to the north. Gaffron stated he is unsure what would happen to the access road in the future and that from a long-term standpoint he is unable to support relocating the house five feet further to the north and granting the variance. Vogstrom inquired whether Gaffron thought that public access way is heavily wooded. Gaffron stated in his view the right-of-way is not heavily wooded towards the street but is more heavily wooded towards the lake. Vogstrom noted in order to provide public access to the lake, a large number of trees would need to be removed as well as filling in of wetlands. (Council Member Sansevere returns). Gaffron stated in his view a hardship does not exist to grant the variance. Barrett stated he is aware that the Council has granted variances in the past to protect trees on other properties. Murphy inquired whether there were any other options to protect the tree. Gaffron stated the City's history of granting variances is dismal and that in his view an extra five feet would not save that tree. Gaffron noted the Council in the past has indicated that variances should not be granted to save a tree. McMillan encouraged the applicant to continue to work with Staff and his neighbors to improve the situation. McMillan moved, White seconded, to adopt RESOLUTION NO. , a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. Murphy inquired whether the vegetation restoration plan should be approved prior to the resolution since the resolution is contingent upon approval of the restoration plan. Peterson noted that is correct. McMillan withdrew her prior motion. McMillan moved, Murphy seconded, to approve the vegetation restoration plan for the property located at 2618 Casco Point Road, with the agreement being amended to require a performance deposit be retained by the City until June 30, 2008. Peterson inquired whether the applicant is agreeable to the date being extended for the performance deposit. Vogstrom stated that is fine. VOTE: Ayes 3, Nays 1, Peterson Opposed; Sansevere Abstained. Sansevere indicated he is abstaining from the vote since he was not part of the discussion at the previous Council meeting and also missed a portion of tonight's discussion concerning this application. McMillan moved, White seconded, to adopt RESOLUTION NO. , a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. VOTE: Ayes 2, Nays 2, Peterson and Murphy Opposed; Sansevere Abstained. Barrett stated the motion fails and that Staff should be directed to prepare findings to support the denial. Peterson inquired whether Council Member Sansevere would like the opportunity to vote on the motion. Sansevere stated in his view since he was not involved in the discussion at the last Council meeting and the majority of tonight's discussion, that it would not be fair to the applicant or to the rest of the Council for him to vote on this issue at this time. Peterson inquired whether this application could be reheard at the Council's next meeting in order to give Council Member Sansevere an opportunity to vote on any motion. Barrett stated that is one option. Peterson moved, Murphy seconded, to table the application. Barrett recommended that the failed motion be withdrawn and that a motion tabling the application be made. Murphy moved, Peterson seconded, to reconsider the motion adopting the approval resolution for Application #04-3052 at their next Council meeting scheduled for February 28, 2005. VOTE: Ayes 4, Nays O; Sansevere Abstained. Peterson moved, Murphy seconded, to table Application #04-3052, to the February 28, 2005 City Council meeting. VOTE: Ayes 5, Nays 0. 2/22/04 Mayor Peterson Council Members -City of Orono 2750 Kelly Parkway Orono, MN 55356 Dear Mayor Peterson and Council Members, FEB 2 4 200.5 CITY OF ORONO I will not be able to attend the Council meeting of 2/28/05. However I want to take one last opportunity to try to convenience you to accept the proposal presented at the 2/14/05 council meeting, aimed at ·saving one of the last remaining trees on the Vogstrom property. The proposal is to allow Mr. Vogstrom to slide the footprint of his house 5 feet to the north, thereby increasing the distance between the 36 inch Oak tree trunk and the excavation for footings from 5 feet to 10 feet. Mr. Gaffron is opposed to this idea because of possible future conflicts if the City ever decides to improve the fire lane right of way. Moving the house 5 feet to the north will not encroach onto the Right of Way, it will only reduce the set back from 15 feet to 10 feet. He also said the City has had little success saving trees by giving them additional room for the roots. If ever a site needed the City to try again this is it. I got the feeling the Council was generally sympathetic to the idea of trying to preserve the remaining trees given the sad history of this site. I spoke to a tree expert at Otten Brothers about the situation. He said an extra 5 feet will certainly not guarantee its survival, but any additional room this tree is given will improve its chances of survival. I urge you to reconsider this proposal when you review the hard cover variance at your next meeting. Eric Vogstrom -04-3052 -2618 Casco Point Road art'-' Jttfl l The most recent revision of this application was conceptually approved at your p~ meeting based on reductions to the proposed building footprint and hardcover levels. That conceptually approved revision consisted of a 1,499 s.f. building footprint and associated hardcover totaling 31.7% for the 75'-250' zone. A revised Vegetation Restoration Plan was also reviewed. The Vegetation Restoration Plan has also been reviewed by the City Engineer, Planning Staff and the adjoining property owner. Further revisions based on the comments of the various reviewing parties have been incorporated into the version of the Vegetation Restoration Plan which will be enforced by the Agreement attached as Exhibit E. Staff has received a copy of the private agreement between the applicants and the neighboring property owners which resolves the illegal tree removal issue by the applicants on the neighbor's property. The Council action requested this evening is to approve or amend the attached Resolution and Vegetation Restoration Plan Agreement. (The City Engineer has had an opportunity to review the applicant's revised Vegetation Restoration Plan and has provided comments. In addition to the Engineer comments Staff has also incorporated Staff comments with the adjoining neighbors' concerns into an addenduT:JQ become part of the final approved Vegetation Restoration Plan.) f0,L {}), ~Jtvt,1 w/ Trel {,,i/1 ~ ~ttA" hl, w 1r I t1JOffA '1 , . ✓ (V\ l;l/l / V\fV\I r t~k 1r15 W cu0 ~ dl,mt!Vl/1~ ✓ (V\1U,\ ,->J \?MY t ✓ ~';i'>G n ::> t51p' j V, ~, / vvh·, t-t-, CvffYPvu \)\AI LO J ~fl /" I j v~. CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 ZONING FILE 05-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: February 23, 2005 COPIES: TYPE OF APPLICATION: Hardcover Variance I DATE OF MEETING: I February 14, 2005 Motions: ► To approve the resolution as amended. -Motion withdrawn no action. ► To approve the Vegetation Restoration Plan including amendments. • Vote: 3 for, 1 opposed, 1 abstention. -Motion passed. ► To approve the resolution as amended. • Vote: 2 for, 2 opposed, 1 abstention. Motion Failed ► To table the variance request to the February 28, 2005 Council meeting. • Vote: 5 for, 0 opposed. -Motion passed. YOUR NEXT MEETING IS: CITY COUNCIL-MONDAY, FEBRUARY 28, 2005-7 PM If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT 4. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Eric Vogstrom, Applicant, was present. Curtis addressed the City Council regarding the Vogstrom application, noting that conceptual approval was given at the January City Council meeting based on reductions to the proposed building footprint and hardcover levels. The conceptual approval revision consists of a 1,499 square foot building footprint and associated hardcover totaling 31. 7 percent for the 7 5 '-250' zone. A revised vegetation restoration plan has also been reviewed by the Planning Staff, the City Engineer, and the adjoining property owner. Further revisions based on the comments of the various reviewing parties have been incorporated into the version of the vegetation restoration plan that will be enforced by the agreement contained in Exhibit E. Staff has received a copy of the private agreement between the applicant and the neighboring property owners that resolves the illegal tree removal issue by the applicant on the neighbor's property. (Council Member Sansevere leaves the meeting) Murphy inquired about Item 4-c on page two and exactly what agreement has been reached with the adjacent property owner. Vogstrom indicated his neighbor requested $9,000 for the removed trees, which has been conveyed. Jeff Essen, 2648 Casco Point Road, indicated an agreement has been signed, with the inclusion of downspouts and gutters along with the financial settlement. Murphy inquired whether both parties feel the agreement has been fulfilled. Vogstrom noted the agreement was fulfilled approximately one month ago. Essen stated he had the understanding that no further trees would be removed from his property but that within the past week it was necessary to request a tree removal contractor to stop work on his property. Vogstrom stated it is crystal clear that he is not to remove any other trees from the Essen property and that the tree removal contractor was merely removing a five to six foot stump of a tree that had previously been cut down. Vogstrom stated it was intended to be a kind gesture on his part. Murphy stated he would not be in support of the approval resolution due to the proposed footprint. White indicated he would like further clarification on the vegetation restoration plan and agreement with the City. Gaffron briefly outlined the proposed vegetation restoration plan, noting that the Planning Staff and the City Engineer have reviewed the plan and feel it is acceptable. PAGE3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) White encouraged the applicant to follow through with the agreements he has entered into to avoid further problems. White noted a fair number of large trees were removed and are now being replaced with significantly smaller trees. Vogstrom stated the majority of the trees that were removed were Elm trees and Cottonwood trees that were either diseased or dead and that he did not remove any perfectly good trees. White stated in his opinion no further vegetation should be removed on this property until a survey is completed to determine what exactly is on the site. Vogstrom stated a survey has been completed and that Staff has also visited the site. White noted that buckthom is proposed to be removed from the site, and expressed concern that other trees and vegetation may be removed as well. Vogstrom noted that Gaffron and Curtis have visited the site and have taken numerous photographs of the area. Vogstrom stated the existing trees have been documented on a survey approximately three months ago. Gaffron stated permission has been given to remove the buckthom. White noted the applicant has been told not to encroach upon the adjoining city lake access and suggested that the area be delineated very clearly prior to construction of the residence. Vogstrom stated he is in agreement with Council Member White and noted the neighbor to the north has a number of items located on the City's property. Curtis stated there are piles of wood, construction equipment, a tractor, and possibly rolls of carpet, along with other items. Curtis stated Staff would be notifying that property owner that the items need to be removed. McMillan concurred that this would be a good time to clearly delineate that area as City property. Vogstrom stated he is in agreement with marking that area. Murphy noted Item 6 on page 4 of the resolution requires a performance deposit, and inquired whether an amount has been determined. Gaffron stated the amount is $32,430, which is 150 percent of the City Engineer's estimated cost for implementing the vegetation restoration plan. PAGE4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Murphy noted the agreement requires the deposit to be held by the City until June 30, 2006, and suggested that the City retain the performance deposit until June 30, 2008, to ensure that the vegetation will survive. Peterson stated she does have an issue with Item 6 in Exhibit E regarding an annual inspection by the City of Orono. Peterson indicated she would prefer to have a semi-annual inspection. Vogstrom indicated he is fine with increasing the frequency of the inspections. Gaffron stated once the trees reach six inches in diameter, the City typically no longer inspects them. Barrett recommended Paragraph 11 in Exhibit E be amended to read that this agreement may be filed against the prope1iy, and applies to the Vogstroms, their heirs, and successors of the land. Barrett recommended adding Paragraph 12, which would state that the parties agree to disclose that the agreement is enforceable by injunctive relief through legal remedies that may be available, and that the signature section on Exhibit E be amended to include the Vogstroms, their heirs, or successors. Barrett indicated that language would notify future property owners that this agreement would be enforced against them. Essen stated he has no objections to the variance for hardcover and that he is in support of a new residence being constructed on this lot. Essen stated approximately one foot off of his property line is located a 36 inch oak tree. Essen expressed concern that that oak tree would be killed if the house is constructed in the proposed location. Essen indicated he would be in support of moving the house five feet to the north, which would give the tree an additional five feet of root space and possibly enhance the life of that tree. Gaffron stated he did speak with the applicant on this issue and that the view from the street would not be negatively impacted if the residence were moved five feet to the north. Gaffron stated he is unsure what would happen to the access road in the future and that from a long-term standpoint he is unable to support relocating the house five feet further to the north and granting the variance. Vogstrom inquired whether Gaffron thought that the public access way is heavily wooded. Gaffron stated in his view the right-of-way is not heavily wooded towards the street but is more heavily wooded towards the lake. Vogstrom noted in order to provide public access to the lake, a large number of trees would need to be removed as well as filling in of wetlands. (Council Member Sansevere returns). Gaffron stated in his view a hardship does not exist to grant the variance. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Barrett stated he is aware that the Council has granted variances in the past to protect trees on other properties. Murphy inquired whether there were any other options to protect the tree. Gaffron stated the City's history of granting variances is dismal and that in his view an extra five feet would not save that tree. Gaffron noted the Council in the past has indicated that variances should not be granted to save a tree. McMillan encouraged the applicant to continue to work with Staff and his neighbors to improve the situation. McMillan moved, White seconded, to adopt a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. Murphy inquired whether the vegetation restoration plan should be approved prior to the resolution since the Council had indicated it would not take action on the resolution until the restoration plan was approved. Peterson noted that is correct. McMillan withdrew her prior motion. McMillan moved, Murphy seconded, to approve the vegetation restoration plan for the property located at 2618 Casco Point Road, with the agreement being amended to require a performance deposit be retained by the City until June 30, 2008. Peterson inquired whether the applicant is agreeable to the date being extended for the performance deposit. Vogstrom stated that is fine. VOTE: Ayes 3, Nays 1, Peterson Opposed; Sansevere Abstained. Sansevere indicated he is abstaining from the vote since he was not part of the discussion at the previous Council meeting and also missed a portion of tonight's discussion concerning this application. McMillan moved, White seconded, to adopt a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. VOTE: Ayes 2, Nays 2, Peterson and Murphy Opposed; Sansevere Abstained. Barrett stated the motion fails and that Staff should be directed to prepare findings to support the denial. PAGE6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Peterson inquired whether Council Member Sansevere would like the opportunity to vote on the motion. Sansevere stated in his view since he was not involved in the discussion at the last Council meeting and the majority of tonight's discussion, that it would not be fair to the applicant or to the rest of the Council for him to vote on this issue at this time. Peterson inquired whether this application could be reheard at the Council's next meeting in order to give Council Member Sansevere an opportunity to vote on any motion. Barrett stated that is one option. Peterson moved, Murphy seconded, to table the application. Barrett recommended that the failed motion be withdrawn and that a motion tabling the application be made. Murphy moved, Peterson seconded, to reconsider the motion adopting the approval resolution for Application #04-3052 at their next Council meeting scheduled for February 28, 2005. VOTE: Ayes 4, Nays O; Sansevere Abstained. Peterson moved, Murphy seconded, to table Application #04-3052, to the February 28, 2005 City Council meeting. VOTE: Ayes 5, Nays 0. 5. #05-3072 ORONO SCHOOLS, 685 OLD CRYSTAL BAY ROAD NORTH-VARIANCE AND CONDITIONAL USE PERMIT John Osland, Neal Lawson, and Karen Orcutt, Orono Schools, were present. Curtis stated the Orono Public School District is requesting a variance and conditional use permit in order to replace the existing campus monument sign with a new monument sign. The applicant is proposing a 9' 2" tall x 11' wide monument sign with 56 square feet of sign face, including a 30 square foot static electronic reader board. The proposed sign is to be located at the northwest comer of the intersection of Old Crystal Bay Road and Highway 12 on school district property. The Planning Commission at their January 18, 2005 meeting voted 5-1 on a motion to recommend approval of the sign size variance and conditional use permit for a new monument sign with the stipulation that the proposed 1' x 8' panel to be used as a "sponsor panel" not be permitted. Curtis noted Commissioner Bremer voted against the motion stating that she supported the variance and conditional use permit but would have supported the sponsor panel. PAGE7 1 -1 \;; JI ~ L 5 Z :, l~i ,, <J::-,i -::-:::---:-::-::---::--- 1 " " 1• l !f. Er E i:; " I 1\: 41021~. Date Application Received: 08-18-04 Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 REQUEST FOR COUNCIL ACTION Department Approval: Name: Melanie Curtis \)\/Vt Title: City Planner Item Description: Administrator Approval: #04-3052-Eric Vogstrom-2618 Casco Point Road-Variances Date: February 11, 2005 Item No. Agenda Section: Zoning District: LR-IC, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 0.47 acre/20,561 s.f. Lot Width: 100' parallel to the shore & 80'@ 75' setback List of Exhibits: A. Resolution per Council Direction B. Vegetation Restoration Plan (VRP) C. Engineer Comments to VRP D. Staff Amendments to VRP E. VRP Agreement F. Council Minutes 01-10-05 G. Council Memo of 01-04-05 Application Summary: The most recent revision of this application was conceptually approved at your previous meeting based on reductions to the proposed building footprint and hardcover levels. That approved revision consisted of a 1,499 s.f. building footprint and associated hardcover totaling 31.7% for the 75'-250' zone. A revised Vegetation Restoration Plan (VRP) was also reviewed. The VRP has also been reviewed by the City Engineer, Planning Staff and the adjoining property owner. Further revisions based on the comments of the various reviewing parties have been incorporated into the version of the VRP which will be enforced by the Agreement attached as Exhibit E. Staff has received a copy of the private agreement between the applicants and the neighboring property owners which resolves the illegal tree removal issue by the applicants on the neighbor's property. Planning Staff Recommendation Approve or amend the attached Resolution and VRP Agreement. Restoration Plan The City Engineer has had an opportunity to review the applicant's revised VRP and has provided comments. In addition to the Engineer comments Staff has also incorporated Staff comments with the adjoining neighbors' concerns into an addendum to become part of the final approved VRP. Council Action Requested Approve or amend the attached Resolution and VRP Agreement. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 SUBDIVISION B FILE NO. 04-3052 WHEREAS, Eric Joel Vogstrom and Elizabeth A. Vogstrom, husband and wife (hereinafter "the applicants") are the owners of the property located at 2618 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: North 80 feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 31.7% hardcover within the 75'-250' zone where 25% is normally allowed in conjunction with the construction of a new single family residence. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3052. 2. The property is located in the LR-IC One Family Lakeshore Residential Zoning District which requires a minimum lot area of ½ acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearings held on September 20, October 18, and November 15, 2004 and recommended approval of variances based on the following findings: a. The applicants' property is 20,561 s.f. or 0.47 acre in area and has 100' in width at a line parallel to the shore and 80' in width at the 75' Page 1 of 6 setback, and therefore meets the build-ability criteria of Zoning Code Section 78-72(b )(1 ). b. The property is divided into two non-contiguous portions by the lagoon which is part of Lake Minnetonka. The applicants' land access to the non-contiguous piece is walking access over the adjacent City right-of-way. c. The applicants' existing driveway is located almost wholly on the adjacent City right-of-way. With the redevelopment of this property the applicants will abandon the existing driveway. 4. The City Council reviewed this application on October 25, November 8 and 22, and December 15, 2004 and January 10 and 24, 2005 and makes the following additional findings: a. The proposed house footprint exclusive of decks at 1,499 s.f. has been minimized to an appropriate level for the size of the property. The proposed 75'-250' zone hardcover level of 31.7% is the minimum hardcover necessary to support the proposed house while providing for adequate driveway and other site plan elements. b. The applicants have removed vegetation in violation of City Codes on their property and on the neighboring property. The restoration of the vegetation will be dealt with separately from the variance Resolution with an approved Vegetation Restoration Plan and Agreement with the City. c. The applicants have reached an agreement with the adjacent prope1iy owner with respect to the tree removal and screening. d. The grading and drainage plan shall include gutters, downspouts, swales, draintile, etc. as determined necessary to guarantee the runoff from the applicants' property does not negatively affect the adjacent properties. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, Page 2 of 6 comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 demonstrable hardship or 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 one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 31.7% hardcover within the 75'-250' zone where 25% is normally allowed in conjunction with construction of a new single family residence subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of O s.f. or 0%. Hardcover in the 75-250' zone shall be limited to 2,432 s.f. or 31.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 6 4. Applicants shall remove all gravel hardcover on the adjacent right-of-way and establish suitable vegetative groundcover by September 30, 2005. 5. Required removals of structure and hardcover shall be completed prior to the footing inspection for the new residence. 6. The approvals granted by this variance resolution shall not be valid until the applicants have entered into an Agreement with the City regarding their Vegetation Restoration Plan including appropriate provisions and financial security to assure execution. No temporary or permanent Certificate of Occupancy shall be issued until the Vegetation Restoration Plan has been executed to the City's satisfaction. 7. 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 within one year of the date of Council approval, or the variance will expire on that date (February 14, 2006). 8. 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. 9. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the prope1iy. Adopted by the Orono City Council on the 14th day of February, 2005. Page 4 of 6 ATTEST: Linda S. Vee, City Clerk Property Owner( s) STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 14th day of ____ , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ___ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of ____ ~ 2005 by Eric Joel Vogstrom, husband of Elizabeth A. Vogstrom. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Elizabeth A. Vogstrom, wife of Eric Joel Vogstrom. Notary Public Page 6 of 6 ti -~ f i:j ) ~ \--~ -:I: ,,' ~ // I I I I I I I I I / I I I I I I / --=-~--1~~ ----------------- :le,' 1 . _,lN-. --. ~ .. (J)'lf/ ,~",' /~--G'ro.,, ~(ll"V''\ /-, : ,._,.1,f,{I~ J'l~?'Z-~ ~YII R) I <6.5.? !i-//Jg I I I~-, I I ..... ' I,,,- ", ( / ~,: \•0 • 11=----: d 1\~\4 I C,,cJ,E;c:o ! ;:J..\ 1 '/o ~ \ / / "'..,~, I 0) ,.., : I : : ;, • I w \ I " '-'\ I , I I \ / ' " I I I I I I I ' / / \ / i / J \ " ,_ I ? I I I I ' 12 C' ce s 2 u-m "' " \ \ I I --------------- \ ,.JJ ( -, • \ • 1 1)1 I , L -_ _ _ j 'P J ~ ----94 "' \ \S 89 3 00 : £ Worth lint; of Block J; Winships ---- ;; -'C ~ -... -[ _ _ / f I //J;oscete :Pad ' ': __ 2( 1 10_]-f Subd. of Lot 1, s1/ing Park 2nd Addition - --. I J,1 SQ. f I. I • I I I I --------:!o. 0 .. ----- G-Tree St~: L L · • I I I ~ 1 I !/ / 1/ I ;( / I I I I I I I I I I I I I I I I I I I I I I I I I ,/ 12" fee /@/1 I I I I I I : : .J co 12"/001 :;e; I I I I I I I I I I I I I I I I I I I 1-I I 1~ \' I '<J- " \.: I") \.: 'fl I I I I I I / ~14" oa} / ' ;s ,' : 75 I i:f I I • J I I ~"o',vY. /'~~:_i 1 : I : <o ,' ,,/' \CJ i\ 3 ' , ' rl ~caa'' .I I I --I I I I 8" ):ipruce Stump ;;f I / ,' 0) I I J I I I , I I I I ~ : (b I :• I I I I I I I I I I I I I I c:)~ I lb ~'t) t.:j § / I I 2" A Tree local asp, not 1 2" Elm Tree slL location as per, not fief£ ,' , , 1.16 ·: I I I I , '3 00" £ I! 'ti / 14" Elm \5tr· mp J7C I I BENCHMARK /iOP OF IRON= 944.1{}__~ , ,, _,,,' _,,,,,' r' ,,--, ,,., I / I / I f I I I I I I I I I J I I I I I I I I I I I I I I I I I f I I I \ I I I\J , I I ) I I & L I I I ____________ _,_; ~., ,D ,~,,/\ /::, _/, , I ..ll•II/ , , ,,/ _,,, ""',-I ,,.z ,/ / // , I \.,' I / / {/ 'l ,/ ,' / / I , ,' / / I ,' / )C / / \, ,,✓ I ,,,, I cv ,,' ~ ,,,, 1\/ ,,' V /, I ; : I \ \/ f I ____,_ -----,------ --,!--~ __ ,, ,/ / -,, ,, I ,, "7"---/ I I -;r-----~ ,/ / -/-,' -.,- j_ __ l_ _J ............. ~~----:-:::--,---.---J~) e,Ht;lD=----<-< . ,,,, // ·/ / ,/ / ,,l .-'­... .;"~, .. -···@Es~';..53 4 • Spr,/Jce Slump j. / /1 L L / /@ l/ / 4• /,1<1p/e Slump Suggested Native GM1S1 & Wildflower Mixes For Water Logged Heavy SoU Sites MNL MIX (GS)-Sedge Mndow Grass Mb: (,I ta 6/eet) Big b~uestem.(Andropogon gerardl) .. : ........................................................ 2.5% American slough grass (Bec/rmannia syzigachne) ...................................... 25 .0% Canada bluejoint(Ca/amagrostis Ctmad<ns/s) .................................... : ...... 10.5% Fringed sedge (Carer crinato) .................................................................... 1.0% Porcupine sedge (Cara hystericina) ................... : ...................................... 1.5% Lance-fiuited oval sedge (Cara scopar/a) ......................... : ....... : .............. 1.0% Fox sedge (Cara vulplnoidea) ............................... : ................................... 2.0% Virginia wild rye (Elymusv/rginicus) ......................................................... 15.0% Rattlesnake grass (Glycerla canadrnr/J) .................................................... 4.0% Giant manna grass (Glyceria grandis) ........................................................ 4,5% Col;'Dlon rush (Juncus ejfusus) ....................................... : ........................... 1. 0% Switch grass (Panicum 'Virga/um) ............................................... '. ............... 5.0% Green bulrush.(Scirpus atrovirens) ............................................................. 2.0% V.:oolgrnss (Scirpus cyperinu.r) ................................................................... 3.5% River bulrush (Scirpusjluviatflis) .. : .............................................. .' ............. 2.0% ~r;(! ::h t'=~~i:/,;;;; ...................... .'.; ...................................... 2.04: ( rp . ~ ............................................................. 2.51/, Giant bur-reed (Sparganlum ewycarpum) .................................................. 5.0'/2 Prairie cord grass (Spartina peclinata) .................... , ... , .............................. 10.0% Suggested rate/acre'"·--·-·-·----------" ... 6 lbs. PLS Saggesb:d rate/1,000 eqmare f«t..-.. _._ .. ,_ .. , ______ 3 OL PLS -- ,' : ,-----C:!0 Suk ~11 1.s•.am Tree slumps loco/Ion shown _,. as per cll"n I "~" .. \ .:_"'.' "'" '"""'' F' o: "\ ____ 5------------\--- -i-.,.;i,,--....7- -t5~ Bucklhom---- r~e slump /ocob'on shown [ as per c/i11nl no/ field \lrirlfied e>c,dd I \ .l,J ~---------(:?z)f::_'(p ,--------r1D~ ce)f=!-11? _c~~ , .. $Uk :3" l'1 1,..,j "i-1,, ''")d'i ,U,11111~.JI \../V'C ✓ ✓ i---------$V -r.----. --, ---· .. --~:.,.2l;;;~~~~,6_~-,-h:--::,:::--;:,-;br-=~-+--~~~ --160.00-- 2• Ash Tree slump /ocati'on shown as per client no/. field verified 2• £Im Tree slump location shown 0 J 1 S 89'23'00" E I I 1. All information on this drawing provided to Markell-Laberee by Vogue Design. 2 .. 26 Trees were removed within the 75' lakeshore setback and Road Right-of .. Way, counting each stem of clumps as individuals. 3. Z Trees were removed within the city right-of.way . 4. 2 Trees were removed on neighboring property. 5. The total number of trees to be replaced is 38. 4• Spruce I Tree slump locaflon shown I as per a/lent not fleld verified·-({\ I J I 1:.;P;ti~p~ local/an shown I e as per cl/Ml no/ field Yerifled /' / ruce Stump .J. / f "'""' __ , ;~t;r;,,;"';:,~.fied 6. City requires a minimum 3" restoration tree per tree removed. Contractor can opt to upsize trees over sp!:)cified size. I I I I I I I _[ MNL MIX (Fl) -Mid-Height Xeric Wlidliow£1'll Fragrant giant hyssop (Agastoche /oeniculumn) ......................................... 2.0% Prairie Onion (A Ilium srallatum) ...... : ............................ : ............................. 1.0?,{o Leadplan( (Amorpha canescens) ................................................... , ............. 5.0% Buttetfly.mi!kwced (/4rclepias tuherosa) ................................................... 6.0% Smooth blue aster (Aster !aevis) ................................................................. 2.0% Azure aster (Aster oolentangiensis) .... , ...................................................... , 2.0% Partridge pea (Cassia/asu:ulata) ................ , ............................................... 2.0¾ Stiffticksoed (Coreops/s pa/mata) ............................. , ............................... 2.0% • Pale purple coneflower (Ec/nnacea pa/Iida) ............................................ 5.0% Creamy gentian (Gentianajlavida) ............................................................. I.0% Common ox-eye (Heliapsis.helianthoides) ...................... -......................... 5.0% Roucd headed bush clover (Lespedeza capltata) ....................... : ................ 3.0%· · Rough blazing star (Liatris aspera) ........... " ............................................... 6.0o/', Dotted: b!azicg ~ (Lia'lris pw,ctata) ......................................................... 1.0¾ Wild lupine (Lupm_r.,.13 perennis) .................................... , ........... : ........ : ........ 4.0% Wild bergamot (Mimardafistulosa) .................................. ~ .... ) .................. 2.0% Showy penstemoo. (P,mstemon grandijlorus) ..................................... : ....... 3.0¾ White prairie clover (Petalost~mum candidum) ......................................... 12.0% Pwple prairie clover (Petalostemum purpure:um) ....................................... l 1.0¾ Yellow coneflower (Ralibida pinna/a) ....................................................... 3 .0% Black-eyed Susan (Rudbeckia hirta) ............. : ............................................. 10.0¾ Stiff goldenrod (Soliaaga rigida) ... : ............................................................ 2.0% Showy goldenrod (Solidago speciosa) ........................................................ 2.0% Prairie spidenvort (Tradescantia bracteata) ............................................... 2.0% Hoary vcrvain ( Verbena stricta) ................................................................. 5.0% ·Heart-leaf golden alexanders (Zizla aptero) ............................................... 1.0% Suggested rnlehcr-e_ ............... _ ..... __ ..... : ..... _ ............. __ .......... --.. 4 lbs. bulk Suggested rate/1,000 •qnare feet .. ·-··-·-·----·-·-.... 2 oz. bulk \ I/ 'y \, 7. Recommend planting trees outside of wetland delineation to higher elevations near removed tree location. Higher elevations will insure tree viability from standing in water. Do not plant within root zone of a removed tree to prevent bacteria from' decaying wood to effect restoration trees. ' \,' 8. Rec9mmend removal of Buckthorn (noxious weed) to allow desirable restoration trees to flourish. \ 1.,' ---Cg)ett;, B' '----+--BHS 10' -----+-C;,),✓H:s 9. Duri~g a walk-thru of the site, I observed numerous stumps with beaver damage, internal dry rot, and elms trees still standing _ L with signs of Dutch Elm Disease. .J_ ____ _J MNL MIX (F5) -Sedge Me11dow WDdflowe~ Mb: Mud plantain (Alisma subcordatom) ........................................................... 3.4% Indigo bush (Amo,pha frultlcosa) .................. : ............................................ 1.2% Swamp milkweed (Asc/epias mcamata) .................................................... 4.2% New England aster (Aster novae angliat) ................................................... 1.2% Flat-topped ast,,r (Aster umbe/latus) ........................................................... 0.4¾ Water hemlock (Clcura maculata) .............................................................. 1.3% White prairie clovet (Do/ea ca,1didum) ....... : .............................................. 5.0% Purple prairie clover (Dal ea purpureurn) ...................... ; ............................. 5.8¾ Showy tick trefoil (Desmodium canadense) ............................................... S .3% Rattlesnake lill!Stcr (Erlngium yuceifolia) ................................................... 0.2% Joe-pyewced (Eupatoriutrt maculatum) .................................................... 5.3% Boneset (Eupatorium perfol/oh1m) ............................................................. 2.9% Sneezcwced (Helen/um autumnale) .......... : ................................................. 5.3% MaximiUian sunflowe,: (He/ianthus maximilliam) ...................................... 1.3% False sunflower (He/iopsis hellanthoides) .................................................. 2.9% Great St. John's woi:t (Hypericum pyramidatllm) .................... , ................... 0.8% Blue flag iris (Iris versicolar) ........................................................ , ............ 1.8% Tall blazing star (Liatris pycnostachya) ...................................................... 3 .5¼ Great blue lobe!ia (Lobelia siphililica) ....................................................... 0.5% Monkey flower (Mimulus _ringens) ............................................................. 0.1 ¾ Wild bergamont(Mona,-dafistulosa) .. : ...................................................... 0.8¾ Marsh betony (Ptdicularis canadcnsis) ...................................................... 0.2% Prairie cinq_ucfoil (Potentilla arguta) ....... : .................................................. 0.2% Mounlain mint (l'ycna,rrhem11111 Yirginianum) ............................................ 03% Yellow coneflower (Ratibida pinnara) ....................................................... 7.2% Black-eyed sµsa.n (Rudbecfda hirta) ........................................................... 5.5% Green-headed coneflower (Rudbeckia faciniatwn) ..................................... 0.8% Giant Goldenrod (So/idago gigantea) ......................................................... 0.5%. Riddell's Goldenrod (Solldago ride/ii,) ........... : ......................................... LO% Stiff Goldenrod (Solidago rigida) ............................................................... 3.6% Tall meadow rue (Thalictrum dasycarpum) .......................................... , ..... 10.0% Blue vervain (Verbena ha.sti:Ita) ............. , .................................................... 12.6% Ironwce<l (Vernonia/asciculata) ................................................................ 2.0% Culvers root (Veronicastrum virginicum) ................................................... 1.3% Golden A!eXJ!Ilders (Zizia aurea) ................................................................ 1.9% Suggested ratefiu:n, ..... _._ ........... -............................... -................ -... -,\lbs.bulk Suggested rate/1,000 sqw,re fceL .... -............. -...... __ .. _ .......... -2 oz. bulk ~ -0 Sagl!'ested Nntlve Gnlaa & Wlldf'iGwcr Ml:,: .. Fo~ · J2.,ry.~c) Si!e,o Whe"" V2rtlcal Tcxtu,-., i., Desired l\~ MDC (GZ) • Mid .. He!ght ;:teric Prahie G"""""' (3 to 5 feet) ~!J bl:stem (A.ndropagan gerard,) ........................................................... 3.0% ;:;; e o ~• (Bauteloua curripendula) .................................................. 33 .0% Pr~i~is;:,:n:(B~;~a;:; f,f:,;fis) .. , .............................................................. 10.0% Canada wild e (Elymus can~~;;;; .......................................................... 4.o;'• Little blucsteZ (Schizac ·., 111 sea ~~;;; ................................................. 7.o~ Indian grass (Sarghastru":,7,,utans 'P ) ........................... '. .................... 39 .?1/• Prairie dropseed (Sporobolus hete~ole · , ........................................... , ......... 3·0 ;' · Sagg"'1tcd l"ille/ncre ... 'P ) .................................................. l.0 1/o Suggesled n.te'l 000 s ua "-•-----.... -..... _ .. 7 lbs. PLS , q re fti!t .......................... _ .. _" .... -.... --.. --3 oz. PLS jQuanity Code Common Name Botanical Name Size · ' --· 'Acer rubrom 'Not1hwood· 3" BE g . I NRM ,Maple. Nor1~".'::oo:'.d~R.:.ed~-------+.:::::..:::::.::.:.:.~:..:..=.=.----------t--:3,;.,8,cE >-1 ---+-. -Sc-U-M~·,"'1-1-=s=-l,Acer saccharum 1~, ,,vap e. ugar 3 ! ABM iMaple. Autumn Blaze iAcer x freemani.' 'Jeffersred' 3" BE RCB Birch. River Clump ;Betula nigra 10' Bl SUI'. 1.o.sh, Summit ,Fraxinus pennsylvanica 'Summit' 3" BE SWO jOak. Swamp White !Ouerws bicolor 3" BE 1-_1 BHS iSpruce. Black Hills P,cea g/auca densata , 12· Bl -'PP11cceeaa gg//aau,1ccaa ddeenns,aattaa -. -_-_ -__ -_-·---.=_-1. _18_~•.:_-E F:-1 ::: i:~:~::: ::::: ~:::: -------- 47 i RTD jDogwood. Red Twigged !Camus sedcea •aaile-y,• I _11_2 CO ,__....:.17....:_4 _W ___ H_S.....J.'S_n..:oc..w_b_e_rry:...,..,V-✓-hi-te...::.: _________ -+:::S,-,m-p-h,--o-n:-.c-arp--:-os a/bus r #2 CO HAV jViburnum, Hahs ___ -· _____ -----'-lV_ib_·~_,m_--;,m-tti~~-b_.;m_-_·Hah!.. __ ----i=#2 CO 17 \ ----------- ~~; ; .... ---._ __ .. 1.5" £Im Tree stu· ·•as Jocot!on : .:,own as per c;,·,mt not field verified_ 1.5" Buck/horn-------­ Tree stump Jocatlon shown not fiold verified C>r,r~j I ''-/\.J r os per client --1- "1 1 ni~r""•-r,, ,,..Jj' l u. 11111.,..11 ,.1 V 'C..-} ' I ; ,,,..--'_ 0 -----~ __ ! __ -:::,::::~~~-=------=-=-==-=-=--~ -----r--------~------.-. ~ I --160.00-~---~---27¢: S 89'.23'00" E ~ -:,,r, ·'. , I . I ...______ V -,,,'--\ : i : i " l\,x( *•01 ,.± I I I I I (L I I I ,toorood -_.,,..,,,.----1--1-->.- o 4• Spruce j Tree slump loco/ion shown I ,rt-,.,-r __ ..,_,..._-..,-_.,._'-_-_-:_-_-_-_-_--I-L.--1-l-_-..J-:_'-as per cl/en/ /1 ,/ a· Oak j. \ ,§ \.0 &.1 ~d,,'-lf ~;,/ !rt ~, ~'1)) ~l ffe7 I •J I " I . . ~ I I ·.,,~ ·· J I I L.l ~'):fe\ I l\l!l! fi · , \ e~1?0)nka I =-==~""' . =•===== ""~-==~-"l rrc~~~\~]1'1$\ ~l--~'!ff.-'1t1jl\ · !I I !!. """-== ,.,,,,., ~== = = ~ ~ I \ I , I I I c I , I , I , J I ~ " " I \ \J I C I C ,· \ J J I I ,· I \ I\ I I I I -L I I I ____ l ____ ~ I ___ [_ no/ field (:tfied I l'i\;.::.::.:,;:;:.::.::.::.::.::.::.::.::j.::.rJ:...-_ J . . I • 1:e:P:ti!P~ loco/ion shown I f; as per dlent not field vorificd o' 1,,0~ .,,.e} _.o c,~ o~o p,~ r,,'> #~~ 4~ i? '1 ~ ~> flt.1 ~ SiJ,r.ip OF ~~N -re? °?,I::= Jc:'..~ fF-Cflk£D PN~ F-9J\r>lfe1/ / •fl • Bonestroo 9 Rosene ~Anderlik& 1 \j 1 Associates Engineers & Architects January 14, 2005 Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 2335 West Highway 36 • St. Paul , MN 55113 Office: 651-636-4600 • Fax : 651-636-1311 www.bonestroo .com Re: 2618 Casco Point Road File No. 139-05-000 Plat No. 04-3052 Dear Melanie: REcen,Eo .JAN 1 8 2005 CIT Y OF OR ONo Attached please find comments from Sherri Buss at our office regarding the restoration plan for 2618 Casco Point Road. If you have any questions please call me at ( 651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~1.- TomKellogg Attachment Cc: Greg Gappa, City of Orono Mike Gaffron, City of Orono • St . Paul , St. Cloud, Roch es ter, Willmar, MN • Milw a uk ee , WI • Chicago , IL Affirmative Action/Equal Opportunity Employer and Employee Owned Bonestroo Rosene Anderlil< & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. • Mark A. Hanson, P.E Senior Consultants: RobertW. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. • Susan M. Eberlin, C.P.A. Engineers & Architects Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David 0. Loskota, P.E .. • Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • David A. Bonestroo, M.B.A. • Sidney P. Williamson, P.E., LS. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. • Thomas W. Peterson, P .E. • James R. Maland, P.E. • Miles B. Jensen, P.E. • L. Phillip Gravel Ill, P.E. • Daniel J. Edgerton, P.E. • Ismael Martinez, P.E. • Thomas A. Syfko, P.E. • Sheldon J. Johnson• Dale A. Grove, P.E. • Thomas A. Roushar, P.E. • Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com Date: January 12, 2005 Tom Kellogg To: From: Sherri Buss, M.L.A. Subject: Review of Restoration Plan for 2618 Casco Point Road I have reviewed the Restoration Plan for 2618 Casco Point Road, and have the following comments: • The species selection for plantings and seed mix are OK. • The plan does not indicate the source for the "native seed mix". The source and location should be specified, to ensure that seed hardy to our area is selected and planted. Seed should have been grown within 200 miles of the Twin Cities, and preferably within 50 miles. • Maintenance of the native seeding is critical to success, and ensuring that the seeded area does not become a weed patch. The MnDOT Seeding Manual 2003 provides a good schedule for maintenance of areas that are seeded with native mixes. The City should require a maintenance plan for the seeding from the landowner, and require that the owner or his/her contractor provide this maintenance. I have attached the pages from the MnDOT Manual for reference. • Tree planting should include protection from deer and beavers (see note on plan that indicates that beavers are at work in the area). • A cover crop is a good idea for native seeding. The MnDOT Manual also describes appropriate cover crops to be included in native seed mixes, depending on the season that the seed is applied. • Seeding and planting procedures should generally follow the MnDOT standards, including removal of any noxious weeds before seeding or planting. 2335 West Highway 36 •St.Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 Maintenance Requirements . General Seed Mixtures 240, 250 and 280 Year 1 Maintenance after Spring or Early Summer Seeding: Mn/DOT Seeding Manual 2003 (Page 34) 1) Mowing during early Fall may be necessary if weed infestation or shading becomes a problem. 2) Weed Control-mowing should help control annual weeds. Spot spray thistles etc. 3) If plants are growing slowly, you can apply fertilizer (20-10-10 analysis) as necessary over the top to improve growth. Maintenance after Fall or Dormant Seeding: 1) Mowing in May or June may be necessary if weed infestation becomes a problem. 2) Weed Control-mowing should help control annual weeds. Spot spray thistles etc. Long Term Maintenance: 1) Can mow 3 times per year as desired. 2) Spot spray weeds as needed. General Seed Mixtures 260 and 270 Year 1 1) Provide water if necessary to aid establishment 2) After turf grasses reach a height of 6 inches, initially mow to a height of 2 to 3 inches. Long Term 1) Fertilize and water as needed. 2) Mow a minimum of once every 2 weeks. ~Native Grass and Forb Mixtures (310,330,340,350 and SB through 28B) \:J!;)Yearl Establishment (spring seeding): 1) Prepare site -Late April -May. 2) Seed -May 1 -July 1. Maintenance: 1) Mow (6-8 inches)-every 30 days after planting until September 30. 2) Weed Control -mowing should help control annual weeds. Spot spray thistles etc. Establishment (fall seeding): 1) Prepare site -Late August -early September. 2) Seed -late September to freeze-up. Maintenance (following season): 1) Mow (6-8 inches)-once in May, June and July. 2) Weed Control -mowing should keep annual weeds down. Spot spray thistles etc. Evaluation: 1) Cover crop growing within 2 weeks of planting (except dormant plantings). 2) Seedlings spaced 1-6 inches apart in drill rows. Mn/DOT Seeding Manual 2003 (Page 35) 3) Native grass seedlings may only be 4-6 inches tall. 4) Ifthere is a flush of growth from foxtail etc., mow as necessary. Year2 Maintenance: . 1) Mow (6-8 inches) one time between June 1 -August 15 before weeds set seed. 2) Weed Control -mowing should keep annual weeds down. Spot spray thistles etc. 3) Some sites may not require much maintenance the second year. Evaluation: 1) Cover crop will be gone unless winter wheat was used in a fall planting. 2) Grasses forming clumps 1-6 inches apart in drill rows, but still short. 3) Some flowers should be blooming (black-eyed Susans, bergamot etc.). 4) If there is a flush of growth from foxtail etc., mow site. Year3 Maintenance: 1) Mow only if necessary. 3) Weed Control -Spot spray thistles, etc. 4) Sites usually do not require much maintenance the third year. Evaluation: 1) Planting should begin looking like a prairie -tall grasses, flowers etc. Long-term Maintenance: 1) Weed Control -Spot spray thistles etc. 2) Burning (3-5 year rotation) alternate spring and fall if possible. 3) Haying (3-5 year rotation) late summer or early fall. Alternate with burning (may substitute for burning). 4) Burning two years in a row will really "clean up" rough-looking sites. VEGETATION RESTORATION PLAN APPROVAL Reference the attached plan by Markell Laberee Design Group dated December 22, 2004 for 2618 Casco Point Road, Wayzata, MN The City of Orono hereby approves the above referenced plan subject to the following additional conditions: 1. The Black Hills Spruce trees proposed for the property's eastern "point" shall be 12' in height rather than 8' as proposed; and 2. All of the attached City Engineer recommendations shall be met; and 3. No trees shall be replaced by the Vogstroms on the Essen's property; and. 4. The trees proposed on the City right-of-way shall be located further east to be within the Vogstroms' property or as close as feasible to the property line. 5. The existing ash trees located within the area labeled "stand of buck.thorn to be removed" on the property's eastern "point" shall not be removed. The property owner shall meet with City staff on the site prior to any tree removals to identify vegetation to be removed and to remain. THIS AGREEMENT and RELEASE made and entered into this ___ day of ----~ 2005 by and between the City of Orono, a municipal corporation located in the County of Hennepin, State of Minnesota (hereinafter referred to as City of Orono) and Eric and Elizabeth Vogstrom, owners of the property at 2618 Casco Point Road, Wayzata, MN (hereinafter referred to as the Vogstroms). In consideration of the covenants contained herein, and in consideration of the Vogstroms' agreement to restore vegetation, on their property and adjacent City of Orono property, as shown on the Vegetation Restoration Plan attached as Exhibit A to this document, to replace trees and undergrowth removed on the Vogstroms' property in violation of City Codes and on adjacent property within the City limits of the City of Orono, the parties agree as follows: 1. The legal description of the Vogstrom property is as follows: North 80 feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter, the Property) 2. This AGREEMENT resolves the dispute related to the unauthorized removal of trees and vegetation from the Property within 75' of the shoreline of Lake Minnetonka and on adjacent City of Orono property. 3. The City of Orono agrees to discontinue pursuit of legal action against the Vogstroms related to the unauthorized removal of trees and vegetation clear cutting within 75' of the shoreline of Lake Minnetonka, in exchange for the Vogstroms and/or their successors and assigns agreement to plant and maintain the trees, shrubs and groundcovers set out in the Vegetation Restoration Plan which is attached as Exhibit A to this document. The trees and other plantings shall be planted as soon as practicable, but in no case shall a Certificate of Occupancy be issued until the Vegetation Restoration Plan has been fully executed. 4. The trees, shrubs and groundcovers within 75' of the shoreline of Lake Minnetonka shall be planted no later than June 30, 2005. The trees, shrubs and groundcovers to be planted outside the 75' setback of the shoreline of Lake Minnetonka shall be planted prior to the issuance of a Certificate of Occupancy and no later than September 30, 2005. 5. The City of Orono may enter the Property to inspect the planting, in order to determine that the trees, shrubs and groundcovers are planted in accordance with the Vegetation Restoration Plan. 6. The Vogstroms and their successors and assigns shall allow an annual inspection by the City of Orono to determine that the trees, shrubs and groundcovers are growing, and the Vogstroms and their successors and assigns shall replant any trees, shrubs or groundcovers that are dead or dying, and shall use best efforts to facilitate the life and growth of the trees, shrubs and groundcovers. This requirement shall continue in effect until each of the trees planted within 75' of the shoreline of Lake Minnetonka has reached a diameter of six inches, or 19 inches in circumference, at a point measured three feet above the ground. Additionally, this AGREEMENT shall continue in effect for the trees to be planted outside the 75' setback from the shoreline of Lake Minnetonka for no less than 5 years from their planting. 7. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this AGREEMENT, and that the Vogstroms will pay all claims for work done and materials and supplies furnished, the Vogstroms have deposited with the City at the time of the execution of this AGREEMENT an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to enter the property and complete the Improvements if the Vogsroms fail to satisfactorily complete the work prior to the completion date specified in Item 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than one year after the completion date specified in Section 4 above, or no sooner than June 30, 2006, whichever is later. 8. The Vogstroms and their successors and assigns shall not trim any of the parts of the trees or shrubs, or remove any of the trees or shrubs, without City of Orono approval. 9. The vegetation within the wetland and within 26' landward of the wetland boundary shall not be mowed. 10. This AGREEMENT shall remain in effect until both parties agree to amend or terminate this AGREEMENT. This AGREEMENT may be enforced by injunctive relief in the courts of the State of Minnesota. 11. This AGREEMENT may be filed against the Prope1ty. The Vogstroms agree to obtain the consent of any other holders of interests in the Property in order to allow this AGREEMENT and RELEASE to be filed. For the City of Orono Ronald J. Moorse City Administrator For the Vogstroms Eric J. Vogstrom Elizabeth A. Vogstrom MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Januaryl0,2005 7:00 o'clock p.m. 5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Eric Vogstrom, Applicant, was present. Sansevere indicated he is in support of the applicant's revised plan, but that he would prefer the trees be replaced prior to any construction starting on this lot. (Sansevere leaves at 8:10 p.m.) Gaffron noted the applicant has submitted a revised plan to reflect a 1,499 square foot building footprint, removal of one parking stall, and a variance request to allow 31.7 percent hardcover within the 75'-250' setback zone. Staff is recommending approval of the revised plan and the variance for 3 1. 7 percent hardcover within the 75'-250' setback zone. Gaffron stated the applicant has submitted a revised restoration plan, which is currently under review by Staff, noting that Staff is close to accepting it. Gaffron stated there may need to be some sort of development agreement that goes along with the restoration plan. Gaffron stated the Council has the option to direct Staff to draft a resolution reflecting Council's action for adoption or to reject the current plan and again provide the applicant with guidance. McMillan inquired whether the garage is going to be a tuck-under garage. Vogstrom stated the room on the far right is not a bedroom and is actually a garage. Vogstrom indicated due to the program on his computer he was required to label that as a bedroom rather than garage to arrive at the square footage. White noted this is a four-bedroom house. Peterson inquired whether the deck was counted twice in the hardcover calculation. Gaffron stated the deck consists of 150 square feet. Peterson noted there are two decks depicted. Peterson inquired whether the City could delay issuing a building permit until the restoration plan has been implemented and completed. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Barrett stated the issue is calculating the runoff and that if the City is certain that the removal of the trees impacted runoff, the City could request the applicant provide or demonstrate to the City that he has enforceable agreements with the adjacent prope1ty owner requiring planting of the trees or an agreement with the City allowing them to obtain an injunction. Barrett stated that could be made a condition of the variance. Vogstrom noted he has already paid Essen for the trees that were removed. Gaffron stated the applicant is proposing to replace the trees and shrubs that were cut on the north side of the lagoon. Gaffron stated the trees that were cut along the street side of the house consists of three rows of pine trees, with one row being totally within the property, one row being along the property line, and one row being within the right-of-way. Gaffron indicated that Staff would be reviewing Casco Point Road in the near future and that the road might need to be expanded slightly. Gaffron stated it may make sense for all of the replacement trees to be located on the property rather than within the right-of-way. Gaffron indicated Staff feels this is a reasonable plan and that Staff is close to accepting it. Gaffron stated the City Engineer would also be reviewing it. White inquired whether Mr. Essen is planning to replace the trees. Peterson inquired what type of trees are being proposed for along the road. Gaffron stated pine trees are being proposed in that area. Gaffron noted the trees located within the right-of-way that were removed were planted by a previous property owner. McMillan inquired whether the trees are out of the 0-75' zone. Gaffron stated they are not located within the 0-75' zone and that it is a reasonable request by the City to ask for replacement of the trees even though they are located in the right-of-way. McMillan inquired whether homeowners are allowed to remove trees on their prope1iy. Gaffron stated property owners do have the right to remove trees on their property as long as they are not within the 0-7 5' zone. Peterson inquired whether a drain tile system would be installed. Vogstrom stated a drain tile system is part of the agreement he has with Essen and that gutters and downspouts would also be installed. Vogstrom indicated he is agreeable to putting something in writing if the City requires it concerning the restoration plan but that he would prefer he be allowed to commence construction in the near future due to the interest he is incurring on his loan. PAGE9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) White noted the trees cannot be planted during the wintertime and that if there is an enforceable agreement that the applicant will restore this property, he is in favor of the application. Peterson inquired whether the trees would need to be planted prior to issuance of a ce11ificate of occupancy. Gaffron stated that would be a logical and reasonable solution. Vogstrom stated he is willing to sign an agreement with the city saying that the property would need to be restored prior to a certificate of occupancy being issued. Peterson inquired whether the City would require any guarantee on the longevity of the trees. Gaffron stated that could be included in a developer's agreement. Barbara Essen, 2048 Casco Point Road, inquired whether that would also encompass future property owners in the event the property is sold. Gaffron stated the agreement would encompass future property owners. Jeff Essen pointed out he received a citation from the city saying that he is subject to litigation if the trees are not replaced and that he has sent a letter to the City indicating he would replace the trees. Essen stated it was 90 days ago that the trees were cut down and that earlier this afternoon a settlement agreement was signed with Vogstrom and that the trees would be planted in the spring to replace the ones that were removed. Essen stated in their agreement gutters and downspouts are required, along with drain tile and a swale, but that there is no way for him to enforce that language. Essen requested that language be included in the development agreement to ensure that the City has the ability to enforce that agreement. Essen indicated this is the first time he has seen the revised plan and that one of his main areas of concerns is off-street parking. Essen stated he has always been in favor of granting additional hardcover to provide off-street parking and that he is supportive of the two-car full-length driveway. Essen stated he is not supportive of the way the house has been twisted, noting that the deck looks down into their bedroom. Essen requested the deck be relocated to the other side to preserve their privacy. Peterson commented it might be necessary to redesign the house if that change is made. Vogstrom stated he tried to take advantage of the best view of the lake in orienting the house on the lot. Peterson noted one of the decks is located off the master bedroom and one is located off the dining room. Peterson inquired which deck Essen would like re-oriented. PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Essen stated the upper deck would probably not be used for parties, but that in his view twisting the house has now given the applicant a clear view to his residence. White inquired whether the house could be rotated slightly. Vogstrom stated he would prefer to look at the lake and not his neighbor's house and that he will attempt to re-orient the house slightly to help preserve his neighbor's privacy. Vogstrom stated he did locate the garage on that lot to take advantage of the best view of the lake. Vogstrom indicated he also would like to preserve his privacy. White inquired how far off the lot line the Essen residence is located. Jeff Essen stated their house is located approximately 20 or 25 feet from the property line. Essen stated he also has been in favor of a variance on the hardcover, but the fact that the house is proposed 15 feet closer to his property line and is larger than the current structure is the basis for his concerns regarding runoff. McMillan inquired whether the City has received a grading plan on this project. Gaffron stated the City has not received anything that could be considered a final grading plan and that it would be required at the time the building permit is applied for. Gaffron indicated the Council could require specific items relating to drainage. Vogstrom stated he did agree to the downspouts and gutters and that Essen has agreed to replace the shrubs and bushes in between the two homes to help with the privacy. Vogstrom indicated he would not be opposed to those two items being included in the development agreement. White moved to direct Staff to prepare a resolution to accept the current revised plan submitted as part of Application #04-3052, 2618 Casco Point Road, and to bring the resolution back for approval on January 24, 2005, with the inclusion of a requirement for the installation of down spouts and grading plan. Moorse recommended at the time the Council approves the resolution on the 241 '\ a signed agreement should be in place for the tree replacement. White amended his motion to include the condition that a signed agreement be submitted to the City concerning the tree replacement plan. McMillan seconded. VOTE: Ayes 3, Nays 0. PAGE 11 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variance DATE OF MEETING: January 24, 2005 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: January 25, 2005 COPIES: VOTE: 4 FOR 0 AGAINST Motion: To table the application to the February 14, 2005 Council meeting as the applicant was not present for discussion. Applicant's next scheduled meeting is confirmed as: City Council-February 14, 2005 -Meeting starts at 7:00 pm If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. Date Application Received: 08-18-04 Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 REQUEST FOR COUNCIL ACTION Department Approval: Name: Melanie Curtis ~ Title: City Planner Item Description: Administrator Approval: #04-3052 -Eric Vogstrom -2618 Casco Point Road -Variances Date: January 20 , 2005 Item No. Agenda Section: Zoning District: LR-IC , One Family Lakeshore Residential , 0 .5 acre/100' Lot Area: 0.47 acre/20,561 s .f. Lot Width: 100' parallel to the shore & 80'@ 75' setback List of Exhibits: A. Resolution per Council Direction B . Vegetation Restoration Plan (VRP) C . Engineer Comments to VRP D. Staff Amendments to VRP E. VRP Agreement F . Council Memo of 01-04-05 Application Summary: The most recent revision of this application was conceptually approved at your previous meeting based on reductions to the proposed building footprint and hardcover levels. That approved revi sion consisted of a 1,499 s.f. building footprint and associated hardcover totaling 31.7% for the 75 '-2 50 ' zone . A revised Vegetation Restoration Plan (VRP) was also reviewed. The VRP has also been reviewed by the City Engineer, Planning Staff and the adjoining prope1iy owner. Further revisions based on the comments of the various reviewing parties have been incorporated into the version of the VRP which will be enforced by the Agreement attached as Exhibit E. Staff has received a copy of the private agreement between the applicants and the neighboring prope1iy owners which resolves the illegal tree removal issue by the applicants on the neighbor's property. Planning Staff Recommendation Approve or amend the attached Resolution and VRP Agreement. Restoration Plan The City Engineer has had an opp01iunity to review the applicant's revised VRP and has provided comments. In addition to the Engineer comments Staff has also incorporated Staff comments with the adjoining neighbors' concerns into an addendum to become part of the final approved VRP. Council Action Requested Approve or amend the attached Resolution and VRP Agreement. t;'x!-\'l P., If , {J] 4V'-O\t\\c\ ~ ()M VI,~ ~o ~ 1/ IO j0'0 1 1--1-t----,t----,i--t----t----t---t---t---t----t-t--t-----. -l----+--+-+----1-+-+--l'--- -1-·-f-1--!---1-----t----t----t----t-l---t-•·------t--+--1---t--r----·------i--_, ___ ---+--+---t--+--,..•--1----l--'---·--·--~I--~---+ -~ _ ____,_______,_______,___/-l----l----1-/-~---+---+---+___,_____,______,_____,_____,_____,_ __ --+---+---+--+---+---+-----i-·-,---+---+---+--+---+---+---+----. --+--+--f-,.+-)4-c::I-----A--1--------::a.l----t---t-----r--'-·-1-----+----+----+--t--+--+----+-·+--l-·-l-·-J---r -1-1---t---+--+--+---+--·+----t-·-1------1----t----1---1---+- _,_____,__,____,____I----1-------"1-I- ==:-+.........,~_..L _ __,_L __._t(; f__,__a:-t:._:-~~~~-~_:=-:-_:-_:-_:_:_:-_:~::_:_:-_:+-t-~,__-+-,__-+-~::--~~----+-----l~_:--_:--_:-___. i----_ __._ 1----1_._ 1---1__._ ---1____,_ ,--.,.-----t----1 ----1----1--1---1--<--l------l--- ·-+-+-+--+---!---· -----1---1-· -t--t---1--t 1-----· --1---1---1-----+- ~ -1-1--1---1----ti--t-l ---~ -1-- 1-1---'---''--''--'--'--'--'--'-.-1----1--..___,__--+---+-· -~ --+--+--+---+---+--•----, --1---1r--t--t----t----~ _,____,______,______,____, -__ .,__ -~ 1----1---1----11----1___,___,_.____,----+_,r_ l-l---l-t----11---1---1---l--+--+---+---+-+-+-+-t--f--l -----+-----+-----+--+-·-1--+---+----+--+----+-=_.,.----l---+--'l-f-f--l ~~-~~~~~~~-~~~~A~~<l r~--1--µ~-~~-+--l~~r=r~~=~~-~~/e~:~~-~'1-K I~~~~ ;,~~-~~~/~~~~-1---~, ~-1--l-1---- ,_~_ -+---+--+--+---+----+--+---1--=I r,;€ [_£l£ __ l IJV CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: January 10, 2005 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: January 21, 2005 COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 VOTE: 3 FOR 0 AGAINST Motion: To conceptually approve the most recent plan revisions. The conceptual approval was conditioned upon an approved grading and drainage plan including downspouts and vegetation restoration plan agreement. Your application is hereby forwarded to the January 24th City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3016 Wayzata Design & Development, Continued) Gaffron stated Tract G does need to be addressed in te1ms of maintenance . Gaffron stated McCuskey may want to consider being an adjunct member or an associate member of the homeowners association. Gaffron noted that this is an unusual situation in that a property that is not located within the subdivision is being required to use the new private road. Peterson moved, Sansevere seconded, to direct Staff to draft a resolution approving final plat for Application #04-3016, Henry Lazniarz/Wayzata Design & Development, 120 Brown Road South. VOTE: Ayes 4, Nays 0 5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Eric Vogstrom, Applicant, was present. Sansevere indicated he is in support of the applicant's revised plan, but that he would prefer the trees be replaced prior to any constiuction starting on this lot. (Sansevere leaves at 8:10 p.m.) Gaffron noted the applicant has submitted a revised plan to reflect a 1,499 square foot building footprint, removal of one parking stall, and a variance request to allow 31.7 percent hardcover within the 75 '-250' setback zone. Staff is recmmnending approval of the revised plan and the variance for 31. 7 percent hardcover within the 7 5 '-250' setback zone. Gaffron stated the applicant has submitted a revised restoration plan, which is currently under review by Staff, noting that Staff is close to accepting it. Gaffron stated there may need to be some sort of development agreement that goes along with the restoration plan. Gaffron stated the Council has the option to direct Staff to draft a resolution reflecting Council's action for adoption or to reject the current plan and again provide the applicant with guidance. McMillan inquired whether the garage is going to be a tuck-under garage. Vogstrom stated the room on the far right is not a bedroom and is actually a garage. Vogstrom indicated due to the program on his computer he was required to label that as a bedroom rather than garage to arrive at the square footage. White noted this is a four-bedroom house. Peterson inquired whether the deck was counted twice in the hardcover calculation. Gaffron stated the deck consists of 150 square feet. Peterson noted there are two decks depicted. Peterson inquired whether the City could delay issuing a building permit until the restoration plan has been implemented and completed. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Barrett stated the issue is calculating the runoff and that if the City is certain that the removal of the trees impacted runoff, the City could request the applicant provide or demonstrate to the City that he has enforceable agreements with the adjacent property owner requiring planting of the trees or an agreement with the City allowing them to obtain an injunction. Barrett stated that could be made a condition of the variance. Vogstrorn noted he has already paid Essen for the trees that were removed. Gaffron stated the applicant is proposing to replace the trees and shrubs that were cut on the north side of the lagoon. Gaffron stated the trees that were cut along the street side of the house consists of three rows of pine trees, with one row being totally within the property, one row being along the property line, and one row being within the right-of-way. Gaffron indicated that Staff would be reviewing Casco Point Road in the near future and that the road might need to be expanded slightly. Gaffron stated it may make sense for all of the replacement trees to be located on the property rather than within the right-of-way. Gaffron indicated Staff feels this is a reasonable plan and that Staff is close to accepting it. Gaffron stated the City Engineer would also be reviewing it. White inquired whether Mr. Essen is planning to replace the trees. Peterson inquired what type of trees are being proposed for along the road. Gaffron stated pine trees are being proposed in that area. Gaffron noted the trees located within the right-of-way that were removed were planted by a previous property owner. McMillan inquired whether the trees are out of the 0-7 5' zone. Gaffron stated they are not located within the 0-7 5' zone and that it is a reasonable request by the City to ask for replacement of the trees even though they are located in the right-of-way. McMillan inquired whether homeowners are allowed to remove trees on their property. Gaffron stated property owners do have the right to remove trees on their property as long as they are not within the 0-75' zone. Peterson inquired whether a drain tile system would be installed. Vogstrom stated a drain tile system is part of the agreement he has with Essen and that gutters and downspouts would also be installed. Vogstrom indicated he is agreeable to putting something in writing if the City requires it concerning the restoration plan but that he would prefer he be allowed to commence construction in the near future due to the interest he is incurring on his loan. PAGE9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) White noted the trees cannot be planted during the wintertime and that if there is an enforceable agreement that the applicant will restore this property, he is in favor of the application. Peterson inquired whether the trees would need to be planted prior to issuance of a certificate of occupancy. Gaffron stated that would be a logical and reasonable solution. Vogstrom stated he is willing to sign an agreement with the city saying that the property would need to be restored prior to a certificate of occupancy being issued. Peterson inquired whether the City would require any guarantee on the longevity of the trees. Gaffron stated that could be included in a developer's agreement. Barbara Essen, 2048 Casco Point Road, inquired whether that would also encompass future property owners in the event the property is sold. Gaffron stated the agreement would encompass future property owners. Jeff Essen pointed out he received a citation from the city saying that he is subject to litigation if the trees are not replaced and that he has sent a letter to the City indicating he would replace the trees. Essen stated it was 90 days ago that the trees were cut down and that earlier this afternoon a settlement agreement was signed with Vogstrom and that the trees would be planted in the spring to replace the ones that were removed. Essen stated in their agreement gutters and downspouts are required, along with drain tile and a swale, but that there is no way for him to enforce that language. Essen requested that language be included in the development agreement to ensure that the City has the ability to enforce that agreement. Essen indicated this is the first time he has seen the revised plan and that one of his main areas of concerns is off-street parking. Essen stated he has always been in favor of granting additional hardcover to provide off-street parking and that he is suppmiive of the two-car full-length driveway. Essen stated he is not supportive of the way the house has been twisted, noting that the deck looks down into their bedroom. Essen requested the deck be relocated to the other side to preserve their privacy. Peterson commented it might be necessary to redesign the house if that change is made. Vogstrom stated he tried to take advantage of the best view of the lake in orienting the house on the lot. Peterson noted one of the decks is located off the master bedroom and one is located off the dining room. Peterson inquired which deck Essen would like re-oriented. PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Essen stated the upper deck would probably not be used for paiiies, but that in his view twisting the house has now given the applicant a clear view to his residence. White inquired whether the house could be rotated slightly. Vogstrom stated he would prefer to look at the lake and not his neighbor's house and that he will attempt to re-orient the house slightly to help preserve his neighbor's privacy. Vogstrom stated he did locate the garage on that lot to take advantage of the best view of the lake. Vogsh·om indicated he also would like to preserve his privacy. White inquired how far off the lot line the Essen residence is located. Jeff Essen stated their house is located approximately 20 or 25 feet from the property line. Essen stated he also has been in favor of a variance on the hardcover, but the fact that the house is proposed 15 feet closer to his prope1iy line and is larger than the cunent structure is the basis for his concerns regarding runoff. McMillan inquired whether the City has received a grading plan on this project. Gaffron stattd the City has not received anything that could be considered a final grading plan and that it would be required at the time the building permit is applied for. Gaffron indicated the Council could require specific items relating to drainage. Vogstrom stated he did agree to the downspouts and gutters and that Essen has agreed to replace the shrubs and bushes in between the two homes to help with the privacy. Vogsh·om indicated he would not be opposed to those two items being included in the development agreement. White moved to direct Staff to prepare a resolution to accept the current revised plan submitted as part of Application #04-3052, 2618 Casco Point Road, and to bring the resolution back for approval on January 24, 2005, with the inclusion of a requirement for the installation of down spouts and grading plan. Moorse recommended at the time the Council approves the resolution on the 24t11 , a signed agreement should be in place for the tree replacement. White amended his motion to include the condition that a signed agreement be submitted to the City concerning the tree replacement plan. McMillan seconded. VOTE: Ayes 3, Nays 0. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. *6. #04-3065 MARK AND BONNIE HECTOR, 3265 CARMAN ROAD -VARIANCES - RESOLUTION NO. 5274 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5274, a Resolution Granting Hardcover and Structural Coverage Variances for Mark and Bonnie Hector, 3265 Carman Road. VOTE: Ayes 4, Nays 0 MAYOR/COUNCIL REPORT McMillan suggested the City have a process in place where a letter signed by the mayor and council members is sent to a resident that donates something to the City. Peterson stated the Long Lake Fire Department and Orono Police Department did a great job on handling the fire at her neighbor's residence. PUBLIC SERVICE DIRECTOR'S REPORT *7. REQUEST FOR PAYMENT #1-CASCO COVE DRAINAGE White moved, Sansevere seconded, to approve Request for Payment No. 1, Casco Cove Storm Sewer Project to E.J. Mayers, Inc., in the amount of $18,040.50. VOTE: Ayes 4, Nays 0 *8. REQUEST FOR FINAL PAYMENT -OLD LONG LAKE ROAD SEWER White moved, Sansevere seconded, to approve Request for Final Payment, Old Long Lake Road Sewer Project to E.J. Mayers, Inc., in the amount of $2,617.60. VOTE: Ayes 4, Nays 0 *9, HENNEPIN COUNTY EPDB CONDITIONAL USE LICENSE -RESOLUTION NO. 5275 White moved, Sansevere seconded, to approve RESOLUTION NO. 5275, a Resolution Authorizing the City of Orono to Extend an Agreement for the use of Hennepin County's Electronic Proprietary Data Base. VOTE: Ayes 4, Nays 0 *10. CASCO POINT ROAD SURVEY White moved, Sansevere seconded, to authorize the surveying of Casco Point Road and Dunwoody Avenue for a future street reconstruction and drainage project, at a cost of $13,000, and to approve a budget adjustment in the Stormwater Fund to reflect this expenditure. VOTE: Ayes 4, Nays 0 PAGE 12 Date: 2/9/2005 To: Eric Vogstrom Fax: 952.474.8455 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Re: Agreement, Staff Amendment & Resolution Sender: Melanie Curtis, City Planner YOU SHOULD RECEIVE 10 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 952.249-4627. Eric -Please let me know your thoughts on the attached. Please contact me at 952.249.4627 if you have any additional questions. FEB-09-2005 17:24 P.01/02 The Mltznehaha Creek Watershed District is committed ro a leadership role in proteccing, impr£lving, anti managing rhe surfCJcti waters and affiliate.d gtoundware,, resources within the District, inc:luding their relationship,~ to the ec:osystems of which the.y are an integral pare, through regtJliHion, C1,pital projects, education, cooperative endeavors, ,md other programs /Jased on sound science, innovative chinking, an informed and engaged co11stituency, and rhe cosr effective use of public: funds. Minnehaha Creek Watersl1ed District Improving Quality of Wate,; Quality ~f Life Established in J 967 FAXMEMO Phone#: 952.4714)0590 . Fax#: 9521D471.0682 DATE: ...a::Q:u...fq...uf~QS~------· __ !"'""""' TO: FROM: .....ll'--'\......,;.=Ck);..;;;;...0=------~--- RE: ~-Loort: ~ 2.lo\'.k Ca;::m lliint-R:i\ # of pages i~cluding cover: ·;;) Message: 18202 Minnetonka Boulavard, Deephaven Minnesota 55391 • Phone: 952-471-0590 • Fax 952•471•0682 • www.minnehahacreek.ora FEB-09-2005 17: 24 . P.02/02 ,t, .. ,'' STOP-WORK ORDER . Under Authority of Minnesota Statutes§ 103D,341 andMCWD RuleH, Park. 3 Minnehaha Creek Watershed District 18202 Minnetonka Boulevard, Deephaven, MN 55391 Phone (952) 471-0590 Fax (952) 471-0682 Property Owner: ..,...-;!f~"ti-A~...__...__._,,,,~.E.·e€:,..:..,. r"---.-=~ -·+'C0--~0-'-~--=-· -=-------- Project Address: ··: \.~ No Contractor: ...JiU.:.~~.J-:-~~~~:::..i.-r-:~~~":lel:-:-----------------------­ Date and 'lime: -:---"':1~~_,_..._..~=----!r--''""--'~r-.....,'--"--:-------,-----..--,:-----;~-.ir---------,-------- Activity: ...::::3.J-lu..1-1..:..wr-\A,,,t.o~.u.;,~~..u..,Ll~-1.J~L.:..l~..:.....l..~~k1.!-..i...a.--!1.!....!.-.l..1..LL~......::::;__ _____ _ ORDER ISSUED TO: The following apparent violations have been observ~ by MCWD staff: Smtute/Rule/ Permit/Other De.!lctiption i: ~.. . . ~TI~ w,I You hereby are ordered to take the following actions to ?<'me into compliance with the above requirements: sp= , . ,.oe · ·. , . ') . ' . .wn,os cg~coA'"'" ep •M This top-Work Order will expire ten days from thls date or when superseded by further order of the MCWD Board ,of Managers, whichever occurs 0 fu:st. Failure to comply wilh lhls Stop-Work Order is a civil violation and a criminal misdem~or. '!'.~:qmttcrs alleged in this Order will be heard by the Board or :a$ 3/\1 fdit {p 1 • \S PM, nt the following location: t::'.\C.~ ~\ e:e,.":'::, at that time you may ,address the Board, be ~ented by an attorney and prcaent evidence or witnesses in your behalf. (If no time is indica~. you will be advised of !he date, lime and location of the hearing via the address and telephone/telefu numbers listed below.) After hearing, the ~oanl may dismiss this Order, extend the Ordc:r, direct that you act to remedy futther violations found by the Board, or initiate civil or criminal p~s by authority of Minn. Stat § 103D.545. The listing of violatio~ above does not pm vent MCWD of the Board of Managers from fmding additional or other violations on the basis of the.evidence prcaentcd.. Your compliance with this Order is' required pending the indicated Board hearing. The timeliness and completeness of your compliance may be. conside.red by the Board in deciding on further appropriate action. Pursuant to MCWD Rul~ J, Par. 2, you will be liable for n1l costs incurred by the MCWD in obtaining and monitoring your compliance with th,is Order, includirig consulhmts' costs and attorneys' fwl. If you do not complete the actions oniered above by the indicated deadlines, the MCWD Itself my act to temcdy the noncompliance and recover the costs of its action, including attorneys' fees, from you or your suroly. . This Order docs not affect the ability of any other federal, ewe.or loca1 body of government to take enforcement action against you pursrumt to its own t~ws and regulations. · · ISSUED BY: DELIVmIBD BY: JMe. M f:)roo/Dis\:ricl:: lrcbn·:c.;~, -~--=~~----------- Nmn=f.ri~e (Print) 1· r · Nnme/l'itle (Print) · ~AA p _.-1V\_,., · 13 Qj;tk>½,, d'. · . tm k:'. ~ Jj~,o • Signa~ ~ tJ · Signamr Q · Your rignalUl'e below indicaJe~ only that you receiyed tms Order. Your rignaturc does not nstitute an admisw , of any kind wilh reqm:t to the apparent violations Usted above. RECEIVED BY I,; ~~~·~~-~~-=L;.~,,,..._·_=,·✓~·-V\I.A..,u:a..p~~~~~i?d~AScJ-f~=~~~----·------------ ~seitting/Title (Print) ,,: Signature Address: _______________ Telephonl,,,~~..s"'.r"'-(..Telefax: ____ _ Date Application Received: 08-18-04 Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 REQUEST FOR COUNCIL ACTION Department Approval: Name: Melanie Curtis l AIA Title: City Planner \VI" 1 Item Description: Administrator Approval: #04-3052-Eric Vogstrom-2618 Casco Point Road-Variances Date: January 4, 2005 Item No. Agenda Section: Zoning District: LR-lC, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 0.47 acre/20,561 s.f. Lot Width: 100' parallel to the shore & 80'@ 75' setback List of Exhibits: A. Revised Survey dated 12-21-04 B. Revised Floor Plans and Elevations C. Council Memo from 12-07-04 D. Draft Council Minutes from 12-07-04 Application Summary: This application was tabled at your December 13 th meeting in order to provide the applicant a final opportunity to redesign the proposal to reflect a 1,500 s.f. maximum building footprint and minimal associated hardcover. The applicant has submitted a revised plan; the footprint was reduced, one parking stall removed from the plan and now the applicant is proposing a variance for 31.7% hardcover within the 75'-250' setback zone. The new design is reduced from 1,699 s.f. to a 1,499 s.f. building footprint (including a home, 2-car attached garage, and deck) with a total of 2,432 s.f. or 31.7% hardcover in the 75'-250' zone. The floor plans and elevation views submitted appear to match the proposed footprint on the survey and staff feels that this recent proposal is responsive to the Council's direction. Planning Commission Recommendation On November 15, 2004, Planning Commission voted 5-2 (dissenting Commissioners Fritzler and Jurgens felt additional hardcover reductions were wainnted) to recommend approval of a variance within the 75'-250' zone for 36 .8% hardcover or 2,824 s.f. and an average lake setback vaiiance to encroach 5' into the average lake setback in conjunction with landscape restoration plan to be approved. The Planning Commission has not reviewed the most recent submittal. Planning Staff Recommendation Although the majority of the Planning Commission concluded that the large 0-75' area and relatively small 75 ' -250' area is a hardship to the property. Council should discuss the merits of this request and reach a conclusion as to what level of hardcover is appropriate to the site. The applicant has proposed a 1,499 s.f. footprint with an attached 2-stall garage and staff feels that he has proposed a plan that meets the direction of the Council. Therefore, Planning Staff recommends approval of the hardcover variance request for 31. 7% hardcover within the 75 '-250' setback as well as the average lakeshore setback variance. Restoration Plan The applicant has provided a revised restoration plan which appears to address a majority of staffs concerns. We will provide a full review for you at your next meeting. Council Action Requested Options include: 1. Accept the current plan and direct Staff to draft a resolution reflecting Council's action for adoption at your January 24th meeting; or 2. Reject the current plan and again provide the applicant with guidance. ti .f f ~ ~ <C \--~ -:I: ~ I I I I I I I I ,' I I I I I I I I I , I , , I t' cs / ~ I ~I I m I I I I / I r--- --.:::-::::-_---~ ------- --11~-AJ__ ~ .4., ~ __ ,, :1o,lrr--_ _ 0 (l"t..'<' ,.,, l"'1..., ~ ~r" IDwr I ,rove. 1Tt / 1 • ,.~,..1'!4 ,-.'17,,_ <'ss2 t.f/i-J ' , i .-rv!._•, \ I , : . ,' I . k/t,A,_eo~/1 ' : ~~: I : .dt=')r .... ,, : ?\ 1 '1o ~ I I 11\' I ..,,. \ I ..._,, \....I... \..-\../ : \ I ...,... I I I • \ / ,' fl"' ' I 0) : I : I I \ ,' " ' I \ I I ' : : \ I I " I ' ' I I \ / /~ : : : / \ 12" C, '-:,-I'-... '-.. \ \ I I ' ,,--------- ,, .JJ ce S,ump-, . ' \ \ s 89. ·-z'oo'" 'N -~h 1.· I 8 -. . L _____ \ ) :"" ----9 4 -, ,, \ \ J f £ , o,,, Inf/ of tock,~ Wmsh1ps .---:---_ [ / : ! 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Lane.scape Under!afa By Plastic G. Other A .-f(~rei._ .. X X X X X X TOT AL HARDCOVER-IN ZONE TOT AL PROPSRTY AREA IN ZONE ..,_ B PROPOSED HARDCOVER IN ZON"E A. House ________ x B. Gar...ge D. Sidewnik E. P:lt:c/Deck F. U.ndsc;:e Ur:Cerfo.i.9'.t By Pl~c G. C:::er A L:ngth X X X X X X X V "' X X X TOT AL H.~.RDCOVcR IN ZO~"E TOTAL ?ROPE..~1Y A.~A IN ZON.c ..-B = X 100 = = == = = X 100 = 11 //8+ ----------:::::: .. :. --------,::::_-.. --------~-.. - --------s.:. --------;:::.: .. --------s_= _ ___ :'.3""--'v __ ___., S.?. __________ s.:. -------S.?. ___ a...,_, _t ..... ~..,_ . ......, . .__ S.:. --------~-:'~ ___ t_E, ___ S.i=. _______ S.F. _______ S.F. _-.a.../_~__.__ S.F. -=-~._.,,.,,f._l.?_ S . .F. A .,-; , -·•rx . .,,,... __ /. __ w....,,.._.,,, ___ S.r. B __ ......a;-Z;c..-7 ____ • ._( ___ % S:F. -------- --------S.F. S:F. -------- ________ S.F. _ _._;_l_t3 __ S.F. S.F. -------- S.F. -------- --------S.F. 19 S.F. --------S.F. -------- ~1:' ----------·· _______ S.F. S.F. -------- S.F .. -------- __ 1-..,,,..4,_~..,i--.,,,.. ___ .. S.F. A ____ ?_h,_1..:,,3 __ S.?. :s __ 'b .... f._,_-1c.._ __ % -0 z \I 1 \ I I\ \I I J I I\ D ~ E3] ~ ~ ~ D ~ -• z. II D i CJ] i 8 I I ~ D -c:, z. ---, ' I' ~-. ' . ~ -~ • ! ~ □ is;~~~□ 44" off fl DECK 150 sq ft MASTER BDRM 549sqft SHOWE~ .. .----0 0 \ II □ •~~. CLOSET 103 sq ft 0) b BEDROOM ..-157 sq ft SECOND FLOOR PLAN 1502 sq ft 0 BEDROOM 148 sq ft BEDROOM 170sqft (0 I C") 0 (') _, CX) N N I ~ = (0 I ct> .... (0 _, .... ------------40'-10"1+----------,~,-----~ ~-----16'-9" -----.:.+.-- k (0 I ct> GREAT ROOM STUDY 170 sq ft ..-11'-2" 'II FOYER DECK 8'-1" --"I,.,----,~ ~ i5~3'-3"0 l~I a; KITCHEN'a-.. BEDROOM 481 sq ft l 36sqft •1 ~----;---------, c· --11'-2"--~-8'-11"]_4'-9" --------24'-10" ------- FIRST FLOOR PLAN 1497 sq ft 0 .... I .... .... '517; u>~ ~7> '57~ Date Application Received: 08-18-04 Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 REQUEST FOR COUNCIL ACTION Department Approval: , l A Name: Melanie Curtis :\ I MJ 1 Title: City Planner ~ Item Description: Administrator Approval: #04-3052 -Eric Vogstrom 2618 Casco Point Road-Variances Date: December 7, 2004 Item No. Agenda Section: Zoning District: Lot Area: LR-IC, One Family Lakeshore Residential, 0.5 acre/100' 0.47 acre/20,561 s.f. Lot Width: 100' parallel to the shore & 80'@ 75' setback List of Exhibits: A-Revised Plans 12-05-04 B -Council Action Notice 12-02-04 C -Council Memo 11-1 7-04 D-Review Period Extension 12-01-04 E -Restoration Plan Staff Review Letter 12-08-04 Application Summary: This application was tabled at your November 22 nd meeting in order to provide the applicant with an opportunity to redesign the proposal to reduce or eliminate the variances requested. At that time Council directed the applicant to redesign the proposal to include a 1,500 s.f. building footprint and the appropriate hardcover to supp01i that home. Upon receipt of this requested plan the Council would determine the appropriate level of hardcover variance. The applicant has submitted a revised plan; the home was slightly redesigned and the applicant is now proposing a slightly lesser variance than the 36.8% hardcover within the 75'-250' setback zone which was proposed previously. The new design is reduced from 1,884 s.f. to a 1,699 s.f. building footprint (including a home, 3-car attached garage, and deck) with a total of 36.0% hardcover in the 75'-250' zone. The new design proposes only a 0.8% hardcover reduction from the previous proposal. Staff feels that the proposal is not responsive to the Council's direction, and is resulting in excessive staff time being spent on the application. Planning Commission Recommendation On November 15, 2004, Planning Commission voted 5-2 (dissenting Commissioners Fritzler and Jurgens felt additional hardcover reductions were warranted) to recommend approval of a variance within the 75' -250' zone for 36.8% hardcover or 2,824 s.f. and an average lake setback variance to encroach 5' into the average lake setback in conjunction with landscape restoration plan to be approved. The Planning Commission has not reviewed the most recent submittal. Planning Staff Recommendation Although the majority of the Planning Commission concluded that the large 0-75' area and relatively small 75'-250' area is a hardship to the property; Staff is not convinced that the level of 36.8% or even 36% is warranted for this specific rebuild. Council should discuss the merits of this request and reach a conclusion as to what level of hardcover is appropriate to the site. Staff also feels that Council should review this proposal as a "footprint" rather than a rambler or two-story, as either could be constructed on this prope1iy. Planning Department Staff continues to recommend approval of the average lakeshore setback variance. Staff believes that the size of the 75'-250' zone (7,673 s.f.) which at 25% would allow only 1,918 s.f. of hardcover, is an inherent hardship. The city has generally established that for very small lots, the minimum reasonable garage/house footprint is 1,500 s.f.. It is likely impossible to construct a 1,500 s.f. house on this site within the 25% limit. Therefore staff will conceptually support a 1,500 s.f. home with the minimal decks, sidewalk and driveway needed to support it, but we think this can be done in the range of 30% hardcover, not 36%. We are not convinced that the 3rd garage stall is necessary. Council Action Requested Options include: 1. Accept the current plan and direct Staff to draft a resolution reflecting Council's action for adoption at your January meeting; or 2. Reject the current plan and again provide the applicant with guidance; or 3. Other. ; ED 78 e I I J,, \ I / \ \ \ \ I \ \ ,' ,' .... 12 • Spruce {IDrnp-,1) \O~ L;~ r ,) ;,;;,L 46.... "'-1 \ ' FL -1 ._.,... 1-\ I . l 1 . 89 ?3;00 ;1 E -_:. 2( 1. 10-1.- I ·• I I I I .: ,' 1.: ., .......... --------: Worth Jim/ of.Block ,(J, Winshi'ps f Subd of Lot :J, SP,ting Park 2,nd Addition ~· ~ ~- ~ ~ ( I I 1 I I I I I I , , , , , , , , , , , , , , / ,,.,,,," ftENCHMARK ,-TOP OF IRON = 944.10 ,-,"' ,,,., ✓ / ,,,' __ , .... , I /~ 0 \ ~r,-------- / 0 ·-1t"""" / lf\: . ·' I u. I I I I I / I -:---+- / ~-/ I I I I I I I I ,,, ~ / // ~ I , , , I I I I , / -;,- / / / / , ,,,,,,.--- / / _, ....... ✓ _.,..-- / r­ / / \ ~ _, ... '' '"\ 1l1 ' ,,: \ \ I I I I I I I /_, / / I ·,' I I I I I 1 ,' , 1 ,, I I I I I .,, t' I I 72" l ,' , ee ,I• : ~ I 1'·:· : wl I I I I /;1 I I 0) : : ! J, 12"f 1 0 1 I ~Ia I I I I ,Cl I -\~1~ ~"--· 1' i.l -. I 1 , : ' 1,V ~ I , \ I") ,,, \; t I ,' } I c£ : d (iJ / W14" Oa[ I I r I : 75 I I I 1 1 I I I I I I I I • I I I I : / ,' I I I t,/ B",,Spruce f tump ,;f I I 0) I I I , I I I I I I f / / 74» Elm ~trmpT\. I! \( / ,' / : J ,' / J ,' / / • 7. ,,,1 :CJ / / I (\/ ,,/ ,' / ,' \..}I ,,,✓ I ,\ / / I \ I /,, I.I i:, \J / // V ,,1-, \fl'"' I , ,/ / / ,{A .. ,~ I , I / ''ttr>✓o I I ,' I I ✓ I I ✓ I I / / ' ,' , I I ~ --/--I---+ --J_ ., / I t /' I I I , / I I ,' ,' I / , I , I ,-, ,,' ,,, ,' I I I I I I , ~Jt'Z oE fl>· ,,.✓ / / / ( / w l i(W ((\I <:>\\l 2" Ash Tree st1 location as per not ti<;!, I 2" Elm I Tree stum1 location sl -as per clit I not fiold 1 \ I Cl I \ I I l __ 1 • I EX!~G 'F.,.!,_RlJCOV":::( ~ ZG:"t--S -~ hcuse C. Driveway D. Sicewaik F. Lands.:a;:e Underlain By Plastic G. Other X X X X X X X TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A 20"'2 .. B + s 7f.13 'PROPOSED ffARDCOVER IN ZONE A.. Ho~e ______ x Lc:llgtll B. Garage C. Driveway D. Sidewalk X X X X X X -"" Wid1b = = = = = = = = X 100 "" = = = = X X. X ~------ Undl!r!;rin By Plastic G. Other A X: X X -.... = X lCO = 11 _......_I _._I B...__4;:..._.:::.;:-. ___ I_::--. ,:::. ..... -. ------' ------- ----------.:,_ ... _ '--------v-• ______ s_=. 3 C\'7 ______ .J _______ S..F .. ______ S.F. _4........_l 4;;_ S.F. ______ S.F. \ 5 S.F. ______ S.F. ______ S.F. lb S.F. ·2_02._f:> S.F. A 7673 S.F. B , Zk,4 % \ 's,;) <j S.F. ______ s.F. ------· S.F.. ______ .S£ ~ ·S.F. sol S.F. ______ S.F. \ OB S.F. ______ S.F. \ 5":\ S.F. ______ S.F. ______ S.F. ______ S.F~ ______ S.F. ______ s.F. '2..t bC....-" S.F. A 'JG7~ S.F. 3 '3{:.,0 % ~ ~ ~ am Vogue Homes, Inc Vogstrom Residence Casco Point Road E3 ....... ' I - . I = J ,... I:: D i 1' II I -.. ,.,_ ~ ~ ~ ~ r ~ ~ '~ Iii "\. i ~ ~ ' ~ ~ 1' ' '-{~ ~ ~ 111 \-\-~ 0: ~ n ~ ~ , l ~i l l) ~ ll 1 \-J ll '1 ;1J !i-I . • rt ' = = R =1' r:• f" ' v ~~ ! v = -□ -/ ,] v □: /t / I 'II . -gg; VI ,V~ / v~ □1 II I t t: se □; VJ v 1 □ -,, .t / I/ ~ / v~ Y i:i ci i:i -~, ,,, 9 □□= v □□ :,/ ~ J E3 ~ <r f.... I C') Ct) co I ~ ..... en I N 14•_5.. ...I--::::;;-7 GREAT ROOM q> STUDY N 124sq11 ...-0'7''---.... 1 -r •----u 11'-0"---- FIRST FLOOR PLAN 986 sq ft A "' "' "' "-, "' / A "' // "' "' / / "' ¾ N ..... GARAGE 661 sq ft "' '\ "' / A "' / / "-/ / 6a; v~ ~; '6'~ rV-; -...:- ...:- I --.:- ('I) ~<( 00 I ~ (0 I LO ~ 0) _, ...:­ ...:- ----15'-7" ___ ____,,+.- MASTER BDRM 199 sq ft BEDROOM 114sqft CLOSET 26sqft PORCH 27 sqft D BEDROOM 109 sq ft t 12'-0" ...j._ 6'-2" ..,.. _______ 23'-2" ------ SECOND FLOOR PLAN 891 sq ft ~ I r-.... ...:- EXtt10rr 1) MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. 9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Eric Vogstrom, Applicant, and Todd Phelps, Attorney-at-Law, were present. Curtis noted this application was tabled at the November 22nd City Council meeting, with the applicant being requested to redesign the proposal to reduce or eliminate the variances requested. The applicant was directed to redesign the proposal to include a maximum 1,500 square foot building footprint and the appropriate hardcover to serve that home. The applicant has submitted a revised design, with the home proposed to be two-story residence with a 1,699 building footprint, a three-car attached garage and deck. The applicant is now proposing 34.5 percent hardcover within the 75'-250' zone, which is a 2.3 percent or 176 square foot hardcover reduction from the previous proposal. Staff feels the proposal does not respond fully to Council's direction. Although the majority of the Planning Commission concluded that the large 0-75' zone and relatively small 75'-250' zone is a hardship to the property, Staff feels that the 34.5 percent hardcover is not warranted for this lot. Staff continues to recommend approval of the average lakeshore setback variance. Staff believes that the size of the 75'-250' zone, which, at 25 percent would allow only 1,918 square feet of hardcover, is an inherent hardship. The City has generally established that for very small lots the minimum reasonable garage/house footprint is 1,500 square feet. It is likely impossible to construct a 1,500 square foot house on this site within the 25 percent limit. Therefore, Staff will conceptually support a 1,500 square foot home with minimal decks, sidewalk and driveway needed to support it, but Staff feels this can be done in the range of 30 percent hardcover, not 36 percent. Staff is not convinced that the third garage stall is necessary. Curtis stated a letter from received today from Timothy Keane, attorney for the applicant, and has been distributed to the Council. 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. Gaffron addressed the City Council concerning the size of the house and footprint. Gaffron stated the lot is sloped towards the lake and has approximately an 8-foot difference from the lakeside of the proposed house to the street side of the proposed house, would ideally accommodate a walk­ out and a two and a half story house without exceeding any height limits and without excess grading. Gaffron stated a footprint of 1,500 square feet with a two-stall garage could be constructed. If the applicant would like to retain the three-car garage, the first story could be reduced by 200 square feet, for a final square footage of 4,700 square feet. Gaffron indicated the shape of this lot lends itself to a home up to 55-60' in width and also allows for a home to be angled so that it takes the best advantage of lake views. Additionally, the home could be placed with the garage at the 30' minimum setback from the road to minimize driveway hardcover. The additional area of 0-75' zone that is non-contiguous is a benefit to this property but cannot be considered as creating a hardship situation. No hardcover credit should be accrued to this excess lakeshore square footage. Sansevere inquired why the applicant is so reluctant to agree to 1,500. Sansevere noted he personally would not agree to anything above 1,500. Vogstrom stated he is unclear about some of the items in Staffs report. Vogstrom indicated page three of the memorandum lists a couple of properties that are smaller than his lot, both of which were granted a larger footprint. Vogstrom pointed out part of the basis for the approval on those two properties was the fact that they are located on a busy road. Vogstrom noted his property is also located on a very busy road. Vogstrom stated he meets all required setbacks, with the house being located 85' from the lake, and that he is requesting the additional hardcover to accommodate a third stall on the garage. Vogstrom indicated he has reduced the size of the proposed residence in order to have a three-stall garage. Vogstrom stated he is not sure how the city planner arrived at the square footage for the house. 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. McMillan stated the planner included the garage in the calculation. Sansevere stated the City Council needs to be consistent with their approvals and that they may set a precedent if they approve the additional hardcover. Vogstrom stated in his view the Council would be consistent in granting the 34.5 percent hardcover given the other two lots that were granted higher hardcover. Vogstrom stated 66 percent of his lot is located within the 0-75', with one of the examples of hardship cited in the memorandum being the fact that 50 percent of the lot was located in the 0-75' zone. Vogstrom stated in his opinion some of the hardship criteria found in the other two applications apply to his lot. Vogstrom stated even with a 1,500 square foot footprint, minimum size deck, sidewalk, driveway, and a two-stall garage, he would still be at 32.5 percent hardcover. Vogstrom stated the difference he is proposing is two percent, which is the difference between a two-car garage and a three-car garage. Gaffron stated he is not in agreement with most of the comments of the applicant. Gaffron stated the property located at 1690 Shadywood is located on a busy county road and requires a backup apron. Gaffron stated he does not believe that the traffic on Casco Point Road requires a backup apron. In addition, the second hardship found for the 1690 Shadywood property was the fact that the location of the adjacent homes would reduce lake views causing a tunnel effect. Third, the non-optimum lot shape analysis results in justification for a 289 square foot variance. Gaffron explained an optimum lot shape analysis formula was utilized in the Loffler and Switz cases, which was not utilized prior to 2004. In Staffs view, this formula has some inherent weaknesses and has contributed in the past year to excessive hardcover allowances compared to those granted to similar lots in previous years. Staff is reluctant to continue using the current optimum lot shape analysis method as a basis for hardcover variances, as it suggests that all lots 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. not meeting the optimum shape should be allowed excess hardcover, which translates to an automatic variance level for almost all existing lots. Gaffron indicated Item 3A illustrates the footprints that were allowed in the past six years for various properties given their lot area and the amount of the building pad located within the 7 5 ' - 250' area and the approved hardcover. Gaffron stated based on Exhibits 3B and 3C, in his opinion the Switz application is an anomaly and is not consistent with the building footprints typically granted by the City. Gaffron indicated he disagrees with the concept that the peninsula found on the Vogstrom lot should be a factor in determining the amount of hardcover that should be allowed on this lot. Gaffron indicated the Switz lot is located on a much busier road than the Vogstrom property and that hardships two and four do not apply to the Vogstrom property. Gaffron stated approval of hardcover at 34.5 percent would not be consistent with past approvals by the Council. Gaffron pointed out the hardcover reductions being proposed by the applicant are primarily being reduced within the city right-of-way, which is where the majority of the existing driveway is located. Gaffron noted 270 square feet of hardcover is located within the right-of-way and not on the property. Gaffron stated Exhibit 3A provides information for the last six years for lot area, existing and approved 75'-250' zones, and lot coverage. Gaffron stated properties that are slightly bigger have received a slightly bigger footprint but not as much hardcover. Gaffron stated an average is 30 percent and that 1500 square feet in his opinion is appropriate for this lot. Sansevere inquired whether the City is being consistent with the 1,500 square feet requirement. Gaffron stated the applicant feels two applications were treated differently in the past year that were not consistent with the City's past practice. Gaffron stated the question is whether those should be looked at as a precedent or whether they should be considered anomalies. 4 Murphy MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. Gaffron stated in his perspective the Switz application was an anomaly, with the Loffler application having an issue with location of the house toward the street reducing lake views and causing a tunnel effect. Gaffron indicated the question is what size footprint is appropriate for any given lot and that the hardcover should not be based upon the 1,500 square feet. Vogstrom stated with his first proposal at 57.8 percent hardcover, he was at the 15 percent structural coverage. Vogstrom commented the houses on Shadywood are large and look out of place with the neighborhood and that the house he is proposing is not out of character with the rest of this neighborhood. Vogstrom stated he is asking for the additional hardcover to allow for a third stall on the garage. Sansevere inquired what type of house the applicant is considering constructing on this lot and what the actual square footage of the proposed residence would be. Sansevere noted the applicant could build living space above the garage. Vogstrom indicated there would be 1000 square feet on the first level, 1000 square feet for the basement, and 1000 for the second level, which amounts to 3,500 square feet. Vogstrom indicated he has reduced the size of the house by 185 square feet but would still like to maintain the three car garage. Sansevere noted the applicant was directed to reduce the footprint to 1,500 square feet. Sansevere commented he still is puzzled by the applicant's reluctance to reduce the size of the house to 1,500 square feet, especially if space is added above the garage. Vogstrom stated a 1,000 square foot house is not extravagant and that the extra square footage is for a three-stall garage. Vogstrom stated he does not feel the house can be reduced any further. Sansevere requested Staff recap what the applicant is entitled to on this lot. 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. Gaffron stated lot coverage as defined by City Code is 15 percent, which is 2,100 square feet for this lot. Gaffron stated from a hardcover perspective the applicant is allowed l,918 square feet of hardcover. Approximately 600 square feet is required for a driveway, sidewalk, and deck, which would bring the hardcover to approximately 32 percent with a 1,500 square foot footprint. Vogstrom indicated it is his understanding he is allowed a 1,500 square foot footprint for a lot of record. Vogstrom stated in his opinion Casco Point Road is a busier road and that his lot does constitute a hardship. Barrett stated the 1,500 square feet is the amount that the Council will vary up to but it does not mean that the applicant is allowed to exceed the 1,500 square feet. Moorse stated 25 percent hardcover is what the ordinance allows, which is approximately 1,900 square feet. Moorse stated if the applicant is allowed 600 square feet for a driveway, 100 square feet for a sidewalk, and 100 square feet for a deck, the remaining hardcover would be approximately 1,100 square foot. Moorse stated a variance would be required to allow the additional hardcover. Vogstrom indicated it is his understanding that most people get a 1,500 square foot footprint. Gaffron noted there is a significant number of houses that have been built that are less than 1,500 square feet. Sansevere stated at the last meeting the Council felt the applicant should be allowed 1,500 square feet rather than the 1,000 square feet. Sansevere indicated the 1,500 square feet is fair and that the applicant should not be held to the 25 percent hardcover. Todd Phelps, Leonard, Street and Deinard, stated there appears to be some precedent where the City has approved at least two other cases that are similar to this application which merit further 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. exploration on the applicant's part. Phelps stated he would like the opportunity to do a further detailed analysis of the two cases cited in the memorandum as well as some other properties. Sansevere inquired whether the applicant is asking for his application to be tabled. Phelps indicated he would like the applicant's application be approved tonight, but in light of Gaffron's comments, if the Council plans to deny the application, he would like to do further research. Peterson inquired whether the applicant would like to table the application. Phelps stated the applicant would like to have his application approved tonight, but in the alternative, to table the application to allow the applicant to respond to the comments by the City Planner. Phelps stated one issue that has not been discussed tonight is the merits of this particular application. Phelps stated the letter from Timothy Keane responds to each of the hardship requirements set forth in the Orono City Code. Phelps stated the discussion should center on the hardship criteria outlined in M.S. 462.355 and the Orono City Code. Phelps indicated in his opinion this is a unique lot and that there are circumstances that merit the granting of a variance. Phelps indicated the applicant has been attempting to work with the City on developing this lot and is not circumventing the direction of the Council. Sansevere stated at the last meeting a good point was made concerning hardcover in that the likelihood for runoff has been increased with the removal of the trees. Phelps indicated the applicant is agreeable to restore the vegetation on this lot, but that in his opinion it should be considered as a separate issue. Sansevere stated the removal of the trees does impact the runoff. Sansevere noted Council did not have an opportunity to review the letter from the attorney prior to tonight's meeting. Vogstrom stated he would like to get the issues resolved. Peterson inquired whether the applicant would like his application tabled. 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. Vogstrom commented it appears the Council is set on a maximum 1,500 square foot footprint, which he is not happy with. Sansevere indicated he is not willing to approve anything in excess of 1,500 square feet. Peterson indicated she also is in support of a maximum 1,500 square foot footprint. White stated he is not going to take two extreme cases and say that is the norm but that the City needs to look at the overall picture. White stated the City has to be consistent as much as possible when dealing with this type of application and that he would not support any deviation from what the City has consistently approved in the past. Vogstrom stated in his view he is not constructing an enormous house and that the 1,500 square foot is the minimum the City allows. Vogstrom stated his lot consists of 20,500 square feet and that in his opinion the majority of the 1,500 square foot footprints are on lots that are only 10,000 square feet. Sansevere noted Staff has not been convinced that there is a hardship and that he relies heavily on Staffs recommendations in cases like this. Sansevere stated the applicant does have the right to continue to pursue this application if that is his desire. Vogstrom noted that Gaffron was opposed to the Switz application. Sansevere stated he does not recall the Switz situation. Peterson stated the Switz house is located on Shadywood. Peterson stated she would prefer construction not be commenced on this lot until the trees are replaced and growing. Vogstrom noted he has submitted a restoration plan. Vogstrom indicated a majority of the trees were located in the 75'-250' zone. Vogstrom stated a mistake was made and that he is attempting to restore the property. Murphy stated he suggested at the last meeting that this application be tabled to allow a plan to be arrived at that meets Staffs approval, which has not been done. Murphy noted he is not in 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. support of the 1,500 square foot footprint. Murphy stated in his view a great deal of research has been done by the applicant and a great amount of effort has been put forth by Staff. Murphy indicated in light of the research and work that has been done on this matter, the application should move forward. Peterson inquired whether the applicant would like his application be tabled. Vogstrom stated he could live with the 1,500 square feet. Barbara Essen, 2648 Casco Point Road, stated the removal of the trees has not enhanced the view of the neighborhood, noting that the trees that were removed on their lot were very mature trees and cannot be replaced in their lifetime. Sansevere inquired how many trees the Essens lost. Essen indicated they lost two mature trees. Peterson inquired whether the applicant would like his application table. Vogstrom indicated he does not want his application to be tabled. McMillan stated she would like some calculations for hardcover on the 1,500 square foot footprint, with the decision being up to the applicant on what size house he would like and whether he would like a two-stall or a three-stall garage. Gaffron noted a resolution was adopted by the City listing the minimum standards for a driveway. Barrett stated if the Council is going to deny the application, a denial resolution would need to be drafted. Peterson noted if the application is denied, the applicant cannot submit a new application for six months. Gaffron stated the applicant still needs some variances at 1,500 square feet. Gaffron stated the denial resolution would deny the request as presently proposed and that if the applicant submits a 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. plan that is different from what was previously proposed, that could be treated as a separate application prior to the six months. Gaffron stated the denial resolution would come before the Council at their January 10th meeting. Murphy inquired if the application is denied tonight, whether Vogstrom would be able to come back with another application or whether he would need to wait six months. Barrett stated if a majority of the Council agreed to reconsider in January, a new application could be heard at that time. Murphy commented that the applicant and Council could now be rushing on this application given the fact that the exact hardcover numbers have not yet been determined. Gaffron stated the Council does have the option to table the application and give clear direction to the applicant on what hardcover numbers they would like the applicant to adhere to. Gaffron stated that would give the Council the opportunity to see the exact plan the applicant is proposing. Vogstrom requested the Council act on the first resolution. Vogstrom stated he is willing to continue to work with staff and reduce the garage down to two stalls. Jeff Essen, 2648 Casco Point Road, stated it was his understanding the recommendation of the Planning Commission for 36 percent was conditioned upon the tree restoration plan being approved by the City. Essen stated there does not appear to be clear approval of a restoration plan. Gaffron stated Staff has reviewed the restoration plan submitted by the applicant and sent a letter, which is Exhibit E, listing some additional items that Staff feels are necessary to make the plan acceptable. Gaffron stated the letter went out last week but no response has been received. Vogstrom stated he received the letter last Friday and that he plans to have the revised plan to Staff by the 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7,:00 o'clock p.m. Murphy stated in his view this application should be denied tonight and that the applicant be given specific direction on what the 1,500 square feet means. Gaffron stated if the applicant comes in with a request for a different footprint and hardcover variance, the Council could determine that it is a new application and the applicant would not need to wait the six months. Gaffron noted the new application would need to go back before the Planning Commission. Peterson inquired whether the building permit would be held until the restoration plan is implemented. Barrett stated those are two separate issues. Vogstrom stated he would be willing to sign an agreement saying that a certificate of occupancy would not be issued until the restoration plan is approved. Murphy inquired what steps the applicant is taking to address the lost trees on the Essen property. Vogstrom indicated he has spoken with the Es sens a number of times and that it is his understanding they are agreeable with the restoration plan. Murphy moved, White seconded, to deny Application #3052, Eric Vogstrom, 2918 Casco Point Road, with the understanding that the applicant can submit a new application prior to six months provided he is requesting a different hardcover variance. NO VOTE TAKEN. Barrett inquired whether a 1,500 square foot plan would be considered a new application. Gaffron stated if the applicant comes in with a revised plan before December 22nd , it would be brought back before the Council in January. McMillan inquired why tabling is not an option. Peterson stated the application could be tabled if the applicant requests it. Murphy stated the applicant has indicated three times that he does not wish to table it. 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. Vogstrom requested his application be tabled. Peterson moved, Sansevere seconded, to table Application #3052, 3052 Eric Vogstrom, 2918 Casco Point Road. Murphy withdrew his motion to deny the application. Moorse stated if the motion is to table the application, prior to the next Council meeting the Applicant should submit a revised plan depicting a 1,500 square foot footprint. Moorse suggested a deadline be given for submittal of that plan to Staff. Gaffron recommended two weeks prior to the Council meeting for receipt of the plan. Barrett stated the motion to table would take precedence. VOTE: Ayes 4, Nays 1, Murphy opposed. 12 RECEIVEf'.J LEONARD, STREET AND DEINARD DEC I 4 2004 PROFESSIONAL ASSOCIATION CITY OF ORONO December 10, 2004 TIMOTHY J. KEANE Mayor Barbara Peterson Members of the City Council City of Orono P. 0. Box 66 Orono, MN 55323-0066 Re: 2618 Casco Point Road-Eric Vogstrom Dear Mayor Peterson and Members of the City Council: 612-335-7192 tim.keane@leonard.com This letter is offered in support of the application by Eric Vogstrom for a 34.5% hardcover variance within the 75-250 foot setback zone where 25% is normally allowed for the property located at 2618 Casco Point Road (the Property). This is the fourth plan revision submitted by Mr. Vogstrom and reviewed by City staff and the Planning Commission. The Property was platted as Spring Park Second Addition and the current home was constructed in 1954. The Property is quite unique in its configuration in that Lake Minnetonka/Carmens Bay extends into the Property in such a way that the 75 foot setback requirement embraces two-thirds of the Property (see Exhibit A). The rough dimensions of the Property are 80 feet x 500 feet or approximately 40,000 square feet. Due to the inlet extending into the lot, the Property has more than 300 feet of lakeshore. And the resulting 75 foot lakeshore setback is applied to more than 300 feet of the Property (see Exhibit A). The footprint of the 2 story house and garage has been reduced to 1,699 square feet-house at 1019 square feet, and garage at 680 square feet. DISCUSSION The City of Orono lakeshore stepped hardcover regulatory scheme makes sense as applied to standard, rectagular, long, narrow lakeshore lots. The 0-75 foot no-build, the 75-250 foot 25% standard, the 250-500 foot 30% standard, and 500-1000 foot 35% standard provide a gradual reduction in the volume and rate of runoff for deep narrow lots (see Exhibit B). It is the unique configuration of the Property's lakeshore which establishes the basis for a hardship. The uniqueness of the Property is not unlike the uniqueness of 2800 Pheasant Road where the Council approved 39.2% hardcover due to a "disproportionate amount of land within the 75' of lakeshore." Section 78-121 of the Orono Zoning Ordinance provides when variances shall be granted: 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612-335-1500 FAX 612-335-1657 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON, D.C. 256232lvl WWW.LEONARD.COM Mayor Barbara Peterson City Council Members December 10, 2004 Page2 "The council upon application may grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted, in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter and where the variance does not adversely affect the purpose and intent of this chapter nor the health or welfare of the public." Section 78-123(a) provides: 256232Ivl . . . the council shall consider the advice and recommendation of the board of appeals and adjustments and 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, sitting as the Board of Appeals, voted 5-2 to recommend approval of a variance at 36.8% hardcover.] Before granting a variance, the council shall hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. The parameters within which a variance may be granted are as follows: (1) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. RESPONSE: Over two-thirds of the dry acreage is situated in the 0-75 foot no-build zone. The circumstances of a 500 foot long, 80 foot wide parcel with a lagoon extending into its center are wholly unique to this property. (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner. RESPONSE: The unique configuration of this lot with its relation to the lagoon were not created by the current property owner, Mr. Vogstrom. This lot was divided and created at least prior to 1954. The hardship created by the hardcover and setback requirements imposed by Orono City Code were adopted in 1984. Mr. Vogstrom purchased the Property in 2004. (3) The variance, if granted, will not alter the essential character of the locality. Mayor Barbara Peterson City Council Members December 10, 2004 Page3 256232lvl RESPONSE: The variance to permit the construction of the new home would result in the mitigation of at least three more severe encroachments and hardcover conditions: 1) Reduce total hardcover from 4,732 square feet to 2,647 square feet; 2) Elimination of site yard setback encroachment of 7.3 feet; and 3) Elimination of front yard setback encroachment of 11 feet. Additionally, the new home allowed by this variance would be an enhancement to the Property and the neighborhood. (4) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. RESPONSE: Economic considerations really have no bearing on this request. the 1019 square foot home footprint is modest by current standards and a reasonable proposal for the Property. Current market demand for new homes in the mid to upper price bracket require a triple garage for reasonable marketability. (5) Undue hardship also includes but is not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd.2, when in harmony with this chapter. RESPONSE: This finding is not applicable to this application. ( 6) The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. RESPONSE: The variance, if approved, would not result in a change of use. (7) The board or council may permit as a variance the temporary use of a one­ family dwelling as a two-family dwelling. Mayor Barbara Peterson City Council Members December 10, 2004 Page4 256232Jvl RESPONSE: This finding is not applicable to this application. (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. RESPONSE: The Property has a width of 80 feet on both the road and lake-side. The unique configuration of the lake resource, however, results in nearly 300 feet of shoreline at the 929.4 foot elevation impacting the Property for setback purposes. This is a condition peculiar to this Property. (9) The conditions do not apply generally to other land or structures in the district in which the land is located. RESPONSE: The condition described in finding number 8 above is not applicable to other land or structures in this district or vicinity. (10) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the application. RESPONSE: 2618 Casco Point Road is a challenging property. A 25% hardcover limitation results in the inability to construct a reasonably-sized dwelling structure. Due to the extraordinary application of setback requirements due to the extraordinary shoreline, the total available hardcover for this Property of nearly one acre is approximately 1,913 square feet. The applicant's request for 2,648 square feet is reasonable for the preservation and enjoyment of the use of this Property. A 1,913 square foot hardcover limitation would deprive the applicant of its property right to construct a reasonable dwelling unit on their land. (11) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. RESPONSE: The granting of the variance is consistent with the intent and spirit of the zoning code. The granting of the variance would in no way adversely affect the health, safety, comfort of morals of the neighborhood or the City of Orono. The 2000 square foot reduction in total hardcover advances the spirit and intent of the hardcover requirements of the Orono Code. Mayor Barbara Peterson City Council Members December 10, 2004 Page 5 (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. RESPONSE: Approving the variance would allow the homeowner to construct a new residence within the allowable setback footprint as provided in the Orono Code. Casco Point Road is a highly traveled road section through this area and the ability to store vehicles and visitors' vehicles off the roadway and provide safe access is an important safety consideration. The limitations opposed by the setbacks and hardcover requirements constitute a demonstrable hardship to this Property. The extraordinary lakeshore abutting the Property in light of its dimensional limitations does create a unique condition. CONCLUSION The proposed application does result in the elimination of existing side yard (7.3 feet) and front yard (11.0 feet) setback encroachments and significant mitigation of existing hardcover conditions. The table below indicates the substantial reduction in hardcover in the before and after development condition. EXISTING PROPOSED 4,732 square feet 2,647 square feet 45.8% 34.5% This is the fourth plan revision submitted by Mr. Vogstrom and reviewed by City staff and the Planning Commission. We respectfully request approval of the plan as revised and recommended for approval by the Planning Commission. TJK:vn cc: Eric Vogstrom Tom Barrett, Esq. Melanie Curtis 2562321vl Sincerely, LEONARD, STREET AND DEINARD Professional Association z ~ I.!) !; ~ ,, t ~ .:: :i: ~ ;: I,!) !; ~ ;; ~ ~ " Oi:I ~ ~ ),!) :?. I I I I I I I I I I I I "'C'l g u::: a X ~ ., ii ~ X X I i 1 I ,:-----r.;·- 1 .. / '\ ,/' I i' V I : J I;' / ii ! I ~ \ R ,, ' ---: i X H· II i i I I i ! I X I I tr) ., I ~~ <:i ! I ~c:.C)j<I;)~ X I .::u "...: 3~~~11 i I i ~._;I:::"~ O,J.lbJ i' C:.i..,~9::CI X ~!:>,::Cl~ i i ~ e1'.'l~~~ ' ~ __ --1 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: December 13, 2004 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 15, 2004 COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 VOTE: 4 FOR 1 AGAINST Motion: To table the application in order to allow for the applicant to revise the request to reflect a 1,500 s.f. building footprint, and the minimal necessary hardcover to support the home. Attached is Resolution No. 5179 detailing the City of Orono's minimum hardcover requirements. Please use this resolution as a guide for determining the driveway and sidewalks. Additionally, staff feels that the 154 s.f. deck as proposed on your most recent plan is reasonable size. In order to appear on the January 10, 2005 Council agenda the deadline for submittal of the revised plans is Wednesday, December 22 nd . Your application is hereby tabled to the January 10th City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (PARK COMMISSION COMMENTS, Continued) McDermott stated at the last Park Commission meet ing some concerns were rai sed by the pu bli c concerning the access to one of the parks and requested the City insure that the City's acce ss is maintained. McDem1ott commented some changes have been made in the area but it appears access has not been altered. PLANNING COMMISSION COMMENTS -JIM LESLIE, REPRESENTATIVE Leslie indicated he would be available for questions during tonight's meeting. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *7. #03-2937 BOB MORLOCK, 980 NORTH SHORE DRIVE WEST-FINAL SUBDIVISION -RESOLUTION NO. 5268 Murphy moved, White seconded, to adopt RESOLUTION NO. 5268, a Resolution Approving the Plat of Englund Third Addition, Robert Morlock, 980 North Shore Drive West. VOTE: Ayes 5, Nays 0. *8. #04-3042 PILLAR HOMES ON BEHALF OF ROGER AND CAROL ROVICK, 1625 BOHNS POINT ROAD -CONDITIONAL USE PERMIT -RESOLUTION NO. 5269 Murphy moved, White seconded, to adopt RESOLUTION NO. 5269, a Resolution Granting an After-the-Fact Conditional Use Permit for KC Chermak on behalf of Roger and Carol Rovick, 1625 Bohn's Point Road. VOTE: Ayes 5, Nays 0. 9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Eric Vogstrom, Applicant, and Todd Phelps , Attorney-at-Law, were present. Curtis noted this application was · tabled at the November 22nd City Council meeting, with the applicant being requested to redesign the proposal to reduce or eliminate the variances requested. The applicant was directed to redesign the proposal to include a maximum 1,500 square foot building footprint and the appropriate hardcover to serve that home. The applicant has submitted a revised design, with the home proposed to be two-story residence with a 1,699 building footprint, a three-car attached garage and deck. The applicant is now proposing 34.5 percent hardcover within the 75'-250' zone , which is a 2.3 percent or 17 6 square foot hardcover reduction from the previous proposal. Staff feels the proposal does not respond fully to Council's direction. Although the majority of the Planning Commission concluded that the large 0-75' zone and relatively small 75'-250' zone is a hardship to the property, Staff feels that the 34.5 percent hardcover is not warranted for this lot. Staff continues to recommend approval of the average lakeshore setback variance. Staff believes that the size of the 75'-250' zone, which, at 25 percent would allow only 1,918 square feet of hardcover, is .an inherent PAGE4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) hardship. The City has generally established that for very small lots the minimum reasonable garage/house footprint is 1,500 square feet. It is likely impossible to construct a 1,500 square foot house on this site within the 25 percent limit. Therefore, Staff will conceptually support a 1,500 square foot home with minimal decks, sidewalk and driveway needed to support it, but Staff feels this can be done in the range of 30 percent hardcover, not 36 percent. Staff is not convinced that the third garage stall is necessary. Curtis stated a letter was received today from Timothy Keane, attorney for the applicant, and has been distributed to the Council. Gaffron addressed the City Council concerning the size of the house and footprint. Gaffron stated the lot is sloped towards the lake and has approximately an 8-foot difference from the lakeside of the proposed house to the street side of the proposed house, would ideally accommodate a walk-out and a two and a half story house without exceeding any height limits and without excess grading. Gaffron stated a footprint of 1,500 square feet with a two-stall garage could be constructed. If the applicant would like to retain the three-car garage, the first story could be reduced by 200 square feet, for a final square footage of 4,700 square feet. Gaffron indicated the shape of this lot lends itself to a home up to 55-60' in width and also allows for a home to be angled so that it takes the best advantage of lake views. Additionally, the home could be placed with the garage at the 30' minimum setback from the road to minimize driveway hardcover. The additional area of 0-75' zone that is non-contiguous is a benefit to this property but cannot be considered as creating a hardship situation. No hardcover credit should be accrued to this excess lakeshore square footage. Sansevere inquired why the applicant is so reluctant to agree to 1,500. Sansevere noted he personally would not agree to anything above 1,500. Vogstrom stated he is unclear about some of the items in Staffs report. Vogstrom indicated page three of the memorandum lists a couple of properties that are smaller than his lot, both of which were granted a larger footprint. Vogstrom pointed out part of the basis for the approval on those two properties was the fact that they are located on a busy road. Vogstrom noted his property is also located on a very busy road. Vogstrom stated he meets all required setbacks, with the house being located 85' from the lake, and that he is requesting the additional hardcover to accommodate a third stall on the garage. Vogstrom indicated he has reduced the size of the proposed residence in order to have a three-stall garage. Vogstrom stated he is not sure how the city planner arrived at the square footage for the house. McMillan stated the planner included the garage in the calculation. Sansevere stated the City Council needs to be consistent with their approvals and that they may set a precedent if they approve the additional hardcover. Vogstrom stated in his view the Council would be consistent in granting the 34.5 percent hardcover given the other two lots that were granted higher hardcover. Vogstrom stated 66 percent of his lot is located within the 0-75', with one of the examples of hardship cited in the memorandum being the fact that 50 percent of the lot was located in the 0-75' zone. Vogstrom stated in his opinion some of the hardship criteria found in the other two applications apply to his lot. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Vogstrom stated even with a 1,500 square foot footprint, minimum size deck, sidewalk, driveway, and a two-stall garage, he would still be at 32.5 percent hardcover. Vogstrom stated the difference he is proposing is two percent, which is the difference between a two-car garage and a three-car garage. Gaffron stated he is not in agreement with most of the comments of the applicant. Gaffron stated the property located at 1690 Shadywood is located on a busy county road and requires a backup apron. Gaffron stated he does not believe that the traffic on Casco Point Road requires a backup apron. In addition, the second hardship found for the 1690 Shadywood property was the fact that the location of the adjacent homes would reduce lake views causing a tunnel effect. Third, the non-optimum lot shape analysis results in justification for a 289 square foot variance. Gaffron explained an optimum lot shape analysis formula was utilized in the Loffler and Switz cases, which was not utilized prior to 2004. In Staffs view, this formula has some inherent weaknesses and has contributed in the past year to excessive hardcover allowances compared to those granted to similar lots in previous years. Staff is reluctant to continue using the current optimum lot shape analysis method as a basis for hardcover variances, as it suggests that all lots not meeting the optimum shape should be allowed excess hardcover, which translates to an automatic variance level for almost all existing lots. Gaffron indicated Item 3A illustrates the footprints that were allowed in the past six years for various properties given their lot area and the amount of the building pad located within the 75'-250' area and the approved hardcover. Gaffron stated based on Exhibits 3B and 3C, in his opinion the Switz application is an anomaly and is not consistent with the building footprints typically granted by the City. Gaffron indicated he disagrees with the concept that the peninsula found on the Vogstrom lot should be a factor in determining the amount of hardcover that should be allowed on this lot. Gaffron indicated the Switz lot is located on a much busier road than the Vogstrom property and that hardships two and four do not apply to the Vogstrom property. Gaffron stated approval of hardcover at 34.5 percent would not be consistent with past approvals by the Council. Gaffron pointed out the hardcover reductions being proposed by the applicant are primarily being reduced within the city right-of-way, which is where the majority of the existing driveway is located. Gaffron noted 270 square feet of hardcover is located within the right-of-way and not on the property. Gaffron stated Exhibit 3A provides information for the last six years for lot area, existing and approved 7 5 '-250' zones, and lot coverage. Gaffron stated properties that are slightly bigger have received a slightly bigger footprint but not as much hardcover. Gaffron stated an average is 30 percent and that 1500 square feet in his opinion is appropriate for this lot. Sansevere inquired whether the City is being consistent with the 1,500 square feet requirement. Gaffron stated the applicant feels two applications were treated differently in the past year that were not consistent with the City's past practice. Gaffron stated the question is whether those should be looked at as a precedent or whether they should be considered anomalies. Gaffron stated in his perspective the Switz application was an anomaly, with the Loffler application having an issue with location of the house toward the street reducing lake views and causing a tunnel PAGE6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) effect. Gaffron indicated the question is what size footprint is appropriate for any given lot and that the hardcover should not be based upon the 1,500 square feet. Vogstrom stated with his first proposal at 57.8 percent hardcover, he was at the 15 percent structural coverage. Vogstrom commented the houses on Shadywood are large and look out of place with the neighborhood and that the house he is proposing is not out of character with the rest of this neighborhood. Vogstrom stated he is asking for the additional hardcover to allow for a third stall on the garage. Sansevere inquired what type of house the applicant is considering constructing on this lot and what the actual square footage of the proposed residence would be. Sansevere noted the applicant could build living space above the garage. Vogstrom indicated there would be 1000 square feet on the first level, 1000 square feet for the basement, and 1000 for the second level, which amounts to 3,500 square feet. Vogstrom indicated he has reduced the size of the house by 185 square feet but would still like to maintain the three car garage. Sansevere noted the applicant was directed to reduce the footprint to 1,500 square feet. Sansevere commented he still is puzzled by the applicant's reluctance to reduce the size of the house to 1,500 square feet, especially if space is added above the garage. Vogstrom stated a 1,000 square foot house is not extravagant and that the extra square footage is for a three-stall garage. Vogstrom stated he does not feel the house can be reduced any further. Sansevere requested Staff recap what the applicant is entitled to on this lot. Gaffron stated lot coverage as defined by City Code is 15 percent, which is 2,100 square feet for this lot. Gaffron stated from a hardcover perspective the applicant is allowed 1,918 square feet of hardcover. Approximately 600 square feet is required for a driveway, sidewalk, and deck, which would bring the hardcover to approximately 32 percent with a 1,500 square foot footprint. Vogstrom indicated it is his understanding he is allowed a 1,500 square foot footprint for a lot ofrecord. Vogstrom stated in his opinion Casco Point Road is a busier road and that his lot does constitute a hardship. Barrett stated the 1,500 square feet is the amount that the Council will vary up to but it does not mean that the applicant is allowed to exceed the 1,500 square feet. Moorse stated 25 percent hardcover is what the ordinance allows, which is approximately 1,900 square feet. Moorse stated if the applicant is allowed 600 square feet for a driveway, 100 square feet for a sidewalk, and 100 square feet for a deck, the remaining hardcover would be approximately 1,100 square foot. Moorse stated a variance would be required to allow the additional hardcover. Vogstrom indicated it is his understanding that most people get a 1,500 square foot footprint. Gaffron noted there is a significant number of houses that have been built that are less than 1,500 square feet. PAGE7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Sansevere stated at the last meeting the Council felt the applicant should be allowed 1,500 square feet rather than the 1,000 square feet. Sansevere indicated the 1,500 square feet is fair and that the applicant should not be held to the 25 percent hardcover. Todd Phelps, Leonard, Street and Deinard, stated there appears to be some precedent where the City has approved at least two other cases that are similar to this application which merit further exploration on the applicant's part. Phelps stated he would like the opportunity to do a further detailed analysis of the two cases cited in the memorandum as well as some other properties. Sansevere inquired whether the applicant is asking for his application to be tabled. Phelps indicated he would like the applicant's application be approved tonight, but in light of Gaffron's comments, if the Council plans to deny the application, he would like to do further research. Peterson inquired whether the applicant would like to table the application. Phelps stated the applicant would like to have his application approved tonight, but in the alternative, to table the application to allow the applicant to respond to the comments by the City Planner. Phelps stated one issue that has not been discussed tonight is the merits of this particular application. Phelps stated the letter from Timothy Keane responds to each of the hardship requirements set forth in the Orono City Code. Phelps stated the discussion should center on the hardship criteria outlined in M.S. 462.355 and the Orono City Code. Phelps indicated in his opinion this is a unique lot and that there are circumstances that merit the granting of a variance. Phelps indicated the applicant has been attempting to work with the City on developing this lot and is not circumventing the direction of the Council. Sansevere stated at the last meeting a good point was made concerning hardcover in that the likelihood for runoff has been increased with the removal of the trees. Phelps indicated the applicant is agreeable to restore the vegetation on this lot, but that in his opinion it should be considered as a separate issue. Sansevere stated the removal of the trees does impact the runoff. Sansevere noted Council did not have an opportunity to review the letter from the attorney prior to tonight's meeting. Vogstrom stated he would like to get the issues resolved. Peterson inquired whether the applicant would like his application tabled. Vogstrom commented it appears the Council is set on a maximum 1,500 square foot footprint, which he is not happy with. Sansevere indicated he is not willing to approve anything in excess of 1,500 square feet. Peterson indicated she also is in support of a maximum 1,500 square foot footprint. White stated he is not going to take two extreme cases and say that is the norm but that the City needs to look at the overall picture. White stated the City has to be consistent as much as possible when dealing PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) with this type of application and that he would not support any deviation from what the City has consistently approved in the past. Vogstrom stated in his view he is not constructing an enormous house and that the 1,500 square foot is the minimum the City allows. Vogstrom stated his lot consists of 20,500 square feet and that in his opinion the majority of the 1,500 square foot footprints are on lots that are only 10,000 square feet. Sansevere noted Staff has not been convinced that there is a hardship and that he relies heavily on Staff's recommendations in cases like this. Sansevere stated the applicant does have the right to continue to pursue this application if that is his desire. Vogstrom noted that Gaffron was opposed to the Switz application. Sansevere stated he does not recall the Switz situation. Peterson stated the Switz house is located on Shadywood. Peterson stated she would prefer construction not be commenced on this lot until the trees are replaced and growing. Vogstrom noted he has submitted a restoration plan. Vogstrom indicated a majority of the trees were located in the 75'-250' zone. Vogstrom stated a mistake was made and that he is attempting to restore the property. Murphy stated he suggested at the last meeting that this application be tabled to allow a plan to be arrived at that meets Staff's approval, which has not been done. Murphy noted he is not in support of the 1,500 square foot footprint. Murphy stated in his view a great deal of research has been done by the applicant and a great amount of effort has been put forth by Staff. Murphy indicated in light of the research and work that has been done on this matter, the application should move forward. Peterson inquired whether the applicant would like his application be tabled. Vogstrom stated he could live with the 1,500 square feet. Barbara Essen, 2648 Casco Point Road, stated the removal of the trees has not enhanced the view of the neighborhood, noting that the trees that were removed on their lot were very mature trees and cannot be replaced in their lifetime. Sansevere inquired how many trees the Essens lost. Essen indicated they lost two mature trees. Peterson inquired whether the applicant would like his application tabled. Vogstrom indicated he does not want his application to be tabled. McMillan stated she would like some calculations for hardcover on the 1,500 square foot footprint, with the decision being up to the applicant on what size house he would like and whether he would like a two­ stall or a three-stall garage. PAGE9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Gaffron noted a resolution was adopted by the City listing the minimum standards for a driveway. Barrett stated if the Council is going to deny the application, a denial resolution would need to be drafted. Peterson noted if the application is denied, the applicant cannot submit a new application for six months. Gaffron stated the applicant still needs some variances at 1,500 square feet. Gaffron stated the denial resolution would deny the request as presently proposed and that if the applicant submits a plan that is different from what was previously proposed, that could be treated as a separate application prior to the six months. Gaffron stated the denial resolution would come before the Council at their January 10th meeting. Murphy inquired if the application is denied tonight, whether Vogstrom would be able to come back with another application or whether he would need to wait six months. Barrett stated if a majority of the Council agreed to reconsider in January, a new application could be heard at that time. Murphy commented that the applicant and Council could now be rushing on this application given the fact that the exact hardcover numbers have not yet been determined. Gaffron stated the Council does have the option to table the application and give clear direction to the applicant on what hardcover numbers they would like the applicant to adhere to. Gaffron stated that would give the Council the opportunity to see the exact plan the applicant is proposing. Vogstrom requested the Council act on the first resolution. Vogstrom stated he is willing to continue to work with staff and reduce the garage down to two stalls. Jeff Essen, 2648 Casco Point Road, stated it was his understanding the recommendation of the Planning Commission for 36 percent was conditioned upon the tree restoration plan being approved by the City. Essen stated there does not appear to be clear approval of a restoration plan. Gaffron stated Staff has reviewed the restoration plan submitted by the applicant and sent a letter, which is Exhibit E, listing some additional items that Staff feels are necessary to make the plan acceptable. Gaffron stated the letter went out last week but no response has been received. Vogstrom stated he received the letter last Friday and that he plans to have the revised plan to Staff by the 22nd. Murphy stated in his view this application should be denied tonight and that the applicant be given specific direction on what the 1,500 square feet means. Gaffron stated if the applicant comes in with a request for a different footprint and hardcover variance, the Council could determine that it is a new application and the applicant would not need to wait the six months. Gaffron noted the new application would need to go back before the Planning Commission. Peterson inquired whether the building permit would be held until the restoration plan is implemented. PAGElO MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Ban-ett stated those are two separate issues. Vogstrom stated he would be willing to sign an agreement saying that a ce1iificate of occupancy would not be issued until the restoration plan is approved. Murphy inquired what steps the applicant is taking to address the lost trees on the Essen property. Vogstrom indicated he has spoken with the Essens a number of times and that it is his understanding they are agreeable with the restoration plan. Murphy moved, White seconded, to deny Application #3052, Eric Vogstrom, 2918 Casco Point Road, with the understanding that the applicant can submit a new application prior to six months provided he is requesting a different hardcover variance. NO VOTE TAKEN. Ban-ett inquired whether a 1,500 square foot plan would be considered a new application. Gaffron stated if the applicant comes in with a revised plan before December 22nd , it would be brought back before the Council in January. McMillan inquired why tabling is not an option. Peterson stated the application could be tabled if the applicant requests it. Murphy stated the applicant has indicated three times that he does not wish to table it. Vogstrom requested his application be tabled. Peterson moved, Sansevere seconded, to table Application #3052, 3052 Eric Vogstrom, 2918 Casco Point Road. Murphy withdrew his motion to deny the application. Moorse stated if the motion is to table the application, prior to the next Council meeting the Applicant should submit a revised plan depicting a 1,500 square foot footprint. Moorse suggested a deadline be given for submittal of that plan to Staff. Gaffron recommended two weeks prior to the Council meeting for receipt of the plan. Barrett stated the motion to table would take precedence. VOTE: Ayes 4, Nays 1, Murphy opposed. 10. #04-3060. MICHAEL & DONNA EBERTZ, 1220 TONKAWA ROAD-CONDITIONAL USE PERMIT Michael and Donna Ebertz, Applicants, were present. PAGE 11 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: November 22, 2004 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 2, 2004 COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 VOTE: 5 FOR 0 AGAINST Motion: To table the application in order to allow for the applicant to redesign the proposal to reduce or eliminate the variances requested. Your application is hereby tabled to the December 13 th City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. The City has received your request for an additional 60-day extension for your application review period. Therefore, the review period is hereby extended an additional 60 days to March 10, 2005. PUBLIC COMMENTS MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. Allan Engleman, 315 Old Crystal Bay Road North , once again addressed the City Council regarding the conditions at 285 Old Crystal Bay Road North. He indicated that he had received a letter from the City in which the neighbor was asked to comply with City Ordinance by last night. Engleman questioned whether the neighbor had complied with city standards and asked what would happen next. Moorse indicated that the neighbor had contacted the City and provided the City with documentation that he is the owner of all 3 boats stored on the prope1ty. Engleman asked about the other issues and pointed out that, according to a letter that he was given by the City, since this owner was not the occupant of the residence he could not store all of those boats on the property. He passed the letter around for staff and Council to review. Gaffron indicated that this letter mistakenly misrepresented the fact that just the occupant could store their boats in the site, when in fact the owner or occupant can do so. Murphy questioned what would prohibit the owner from storing 15 boats on the property, as long as he had the documentation that he owned them. Gaffron stated that nothing would prohibit the owner from doing so. As the compliance date had just passed, Curtis stated that she would visit the site the following day to check out the progress. Murphy stated that it seemed obvious to him that the neighbor was abusing the property and creating an eyesore for the neighbors . Unfortunately, he admitted that there seemed to be few good ways the City can deal with it. ZONING ADMINISTRATOR'S REPORT *4. #04-3047 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE - VARIAN CE -RESOLUTION NOS. 5253 and 5254 White moved, Murphy seconded, to adopt Resolution Nos. 5253 and 5254 granting renewal variances for the property located at 3135 Casco Circle. VOTE: Ayes 5, Nays 0. 5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Curtis explained that the applicant is proposing 36.8% hardcover within the 75-250' zone and an average lakeshore setback variance of 5' in conjunction with the redevelopment of the lot. She pointed out that the Planning Commission voted 5-2 to recommend approval of a variance within the 75-250' zone for 36.8% hardcover and an average lakeshore setback variance to encroach 5' in conjunction with a landscape restoration plan to be approved. Although the Planning Commission majority felt the relatively small 75-250' zone created a hardship for the property, Curtis stated that staff is not convinced that the level of 36 .8% hardcover is warranted for this specific rebuild. PAGE 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.rn. (5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Gaffron pointed out that, while the average lakeshore setback variance is wan-anted, since no views are impacted, it is the relationship to the area within the 75-250' zone that there is a hardship question. Since the lagoon impacts the 75-250' zone, using an optimum lot shape analysis would suggest that 32.5% hardcover would be allotted for this property. A bigger issue comes to light when,examining the 1,500 s.f. minimal house measurement. If there is an inherent hardship, Sansevere questioned what staff would rec01mnend. Gaffron asked the Council to determine what they believed to be a reasonable hardship, since staff believed that 1,884 s.f. is the wan-anted size it should be. Since the proposal seemed to be a mere 300 s.f. over staff's calculation, Murphy questioned whether 300 s.f. could be removed somewhere. Gaffron pointed out that the 3 car garage could be revised to a 2 car garage, but noted the residents do need some off street parking, the deck was of modest size, and even sliding the entrance down would not suffice. Attorney Banett stated that, while it appears that staff suggests that there is a hardship, the City Council must determine what level of hardcover it feels comfortable with based on this neighborhood, drainage, and what the Council has allowed in the past under similar circumstances. Murphy questioned whether the home would be a 1 or 2 story home. Attorney Keane, Vogstrom's representative, urged the City Council to focus on the size of the footprint and cunent hardcover. He indicated that the client was unsure of whether he would be proposing a 1 or 2 story home until the footprint could be determined. McMillan pointed out that, as a City Council, they must assume the maximum level without plans. Sansevere stated that without having any idea of what would be going up, he could not approve something. Gaffron stated that the applicant does not wish to draw up multiple versions of the house until they have an idea of what will be allowed. He noted that the enclosed elevations do give a sense of what the applicants would like to see approved. While she could understand the applicant's hesitation to go to the expense of drawing up plans, McMillan stated that she could not support 36% on a new rebuild. She stated that she did feel a small hardship based on the 0-7 5' was wan-anted. White asked where the dock would be placed, and if it were to be placed beyond the lagoon, he questioned whether the applicant had the right to use the public land to access it. PAGE 4 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. (5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Attorney Barrett pointed out that the prope1iy north of the parcel which appears to line this property was a platted right-of-way. Alternatives to this use would be to regulate the use of the road or vote to abandon it, which the City would not recommend. Vogstrom pointed out that the lagoon is too shallow to serve access for a boat or dock and the parcel to the north is heavily wooded and wet. Since the City would not support dredging the lagoon, White agreed the dock should stay on the main portion of the lake. He indicated that he needed a better reason to support much more than 25% hardcover. Keane pointed out that one would be hard-pressed to find a similar property in Orono in which the 0-75' is almost entirely taken up by lagoon. He continued noting that the mere 1,080 s.f. footprint is a modest footprint by today's standards. At a current hardcover level of 4,732 s.f., the applicant has proposed a decrease of over 35%. He reiterated that the lagoon affords the applicant a unique hardship, though they've tried to scale back to accomplish the necessary reductions. While he could appreciate the logic and reductions, Murphy stated that the problem he continues to wrestle with was that they simply do not know enough about the house. He felt the Council needed to know more about what was being proposed in order to make decisions, though he understood the costs to the client. In addition he wished to see a landscape restoration plan accompanying the proposal. Gaffron stated that staff had a landscape plan which was being reviewed currently and asked for Council to establish relative timelines. White pointed out that although the applicant has tried to show that they have substantially reduced hardcover on the property, the driveway hardcover should not be included in the hardcover calculation by the applicant in their efforts to accentuate the amount of hardcover removals. He pointed out that the excessive tree removals have done immeasurable damage to and exacerbated the runoff situation to the property. He questioned how the applicant, or the applicant's contractor, could have believed that the excessive tree removals on this property were allowed at all. While he concurred with White, Murphy stated that he was not prepared to allow more than 25% until the Council knew what was to be built on the site. Mayor Peterson asked Attorney Barrett whether they could forbid rebuilding on the property until the City could approve a restoration project. Since they wished to see the reforestation take place first, she asked whether building could be delayed. While Barrett understood the issues the City Council was wrestling with this evening, he requested that the matter be continued to allow the applicant time to bring forward a plan that works. Murphy suggested that applicant table the application until the applicant can come up with a plan that meets staff support. PAGE s of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. (5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Sansevere stated that he believed the applicant should be allowed at least 1,500 s.f. of living space. Vogstrom stated that, according to the tax record, the property is referenced at 40,000 s.f.; however, with the lagoon factored in the property diminishes to 14,000 s.f. Once again, McMillan stated that 36% was too much, 25% too small, and suggested the applicant continue to work with staff to analyze what percent is allowable. Gaffron reminded Council that 1,500 s.f. is a limit on a 10,000 s.f. or less lot, not a right. Murphy moved, White seconded, to table Application #04-3052, Eric Vogstrom, to allow the applicant to continue to work with staff on a revised proposal. VOTE: Ayes 5, Nays 0. Sansevere asked what made the applicant, or his contractor, think they could remove all of the established trees on the parcel without permission. Vogstrom stated that he had the tree trimmer in attendance for questions. Mayor Peterson stated that this was not the forum for this discussion and would be addressed at another time. 6. #04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH-VARIANCE DENIAL RESOLUTION NO. 5255 Dr. Spencer stated that until she received the denial resolution in the mail she had no idea that she was being required to remove her dog kennel. She felt this was excessive penalty for this item to have not been missed on surveys, missed by those who visited her property, and missed altogether had she not mentioned it in a previous meeting. She argued that her representative did not have the right to offer to remove it, since they would have no idea whether she intended to purchase another dog in the future. Dr. Spencer stated that the cement kennel has always been there, it was not a secret, nor should it be required to be removed as her hardcover is a mere 8% on her property. White stated that he was willing to allow it. Mayor Peterson acknowledged that it was unfortunate that she was unable to attend the past meeting, when her representative made this submission. She indicated that she felt it was an error overlooked by many parties; therefore, she would allow it to remain. McMillan stated that it seemed to be an oversight that was not precedent setting. Barrett agreed that the Council would be within its rights to allow it or remove it. McMillan moved, Mayor Peterson seconded, to adopt RESOLUTION NO. 5255, a resolution denying the applicants variance request, with item #7 removed regarding the removal of the dog kennel. VOTE: Ayes 3, Nays 2, Sansevere and Murphy opposed. PAGE 6 of 11 ZONING FILE 04-3052 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 17, 2004 TO: Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 TYPE OF APPLICATION: Variances Planning Commission recommended as follows: COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South 5th Street Suite 2300 Minneapolis, MN 55402 To recommend approval of a variance within the 75'-250' zone for 36.8% hardcover or 2,824 s.f. and an average lake setback variance to encroach 5' into the average lake setback in conjunction with landscape restoration plan to be approved. VOTE: 5 FOR 2 AGAINST Dissenting Commissioners Fritzler and Jurgens felt additional hardcover reductions were warranted. Applicant's next scheduled meeting is confirmed as: City Council-Monday, November 22, 2004-Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available :from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. . ' MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. ROLL The Orono Planning Cmmnission met on the above-mentioned date with the following members present: Chair David Ralm, Commissioners J. Marc Fritzler, Jim Leslie, Ralph Kempf, Roland Jurgens, Cynthia Bremer, and Travis Winkey. Representing Staff were Planning Director Mike Gaffron, Planners Melanie Curtis and Janice Gundlach, and Recorder Jaclde Young . Chair Rahn called the meeting to order at 6:00 p.m. CONSENT Item No. 1 was removed from the Consent Agenda. 1. #04-3069 G & L LAND INVESTMENTS, LLC, 2665 MAPLERIDGE LANE - VARIANCE, 6:01 p.m. -6:02 p.m. The applicants were not present. Rahn asked for public c01mnents. There were no public comments concerning this application. Due to the absence of the applicants, this item was held open and follows Items #2 and #6. OLD BUSINESS 2. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES, 6:02 -6:20 p.m. Elie Vogstrom, Applicant was present. Curtis noted this application was recommended for denial at the October Planning Co1mnission meeting.Since that time the applicant has proposed reductions and this matter has been refe1Ted back to the Planning Commission by the City Council. The revised plan consists of a hardcover variance within the 75'-250' zone of 36.8 percent hardcover and an average lakeshore setback to ~ncroach 5' nearer the lake than the property to the south. Curtis stated the applicant has sub1nitted a tree and vegetation restoration plan for the property, with Staff ctmently reviewing that plan . Staff recommends approval of the average lakeshore setback variance, and PAGEl . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3052 ERIC VOGSTROM, CONTINUED) should the Planning C01mnission find that there is a hardship for this lot inherent to the land, an appropriate level of hardcov~r should be detemrined. Vogstrom stated he did calculate the amount of hardcover on the right-of-way, which is being used currently for access. Vogsb:0111 noted there is no driveway cunently on the property. Presently there is 2652 square feet of hardcover within the right-of-way, bringing the total existing hardcover on just the lot to 2080 square feet and combined it would be 4,732 square feet. Vogstrom indicated he is requesting a hardcover variance to allow 2,824 square feet, which is a reduction of approximately 1900 square feet. Rahn inquired wh<ether the applicant intends to use the right~of-way for access. Vogstrom stated he does not. Rahn asked for public comments;· There were no public comments regarding this application. Rahn stated he has reviewed what has been discussed at the past meetings, noting that the nriddle third of this lot consists of a lake. Rahn stated in his opinion it is a hardship lot and it should be granted some variance at a level detemrined by the Planning Cmmnission. Ralm stated in a typical lakeshore scenario, if the 4,100 square feet was dry land, the application that has been submitted would be within the 25 percent. Rahn noted two-thirds of this lot lies within the 0-7 5' area. Rahn inquired whether the lot is undersized and whether a lot area variance is also required. Cud:is stated the lot is 80 feet wide, with the area of the lot meeting 80 percent of the requirement. Ralm stated he would not be opposed to 35 percent hai'dcover on this lot. Bremer stated she feels the reductions being proposed are good and that the present plan is a much more r easonable plan. Bremer indicated she likes the proposal to shift the new house from the side lot because it reduces the number of variances required. Bremer stated she does not have a problem with the average lakeshore setback variance given the location of the property. Bremer stated given the size of the driveway that is required and the available footprint, hardcover of 2,824 square feet is probably below what would normally be requested and is in line with the rest of the neighborhood. Bremer stated in her opinion it is a hardship lot and she would be open for suggestions concerning the ammmt of hardcover. Bremer inquired whether any Conunissioners had any ideas for where the hardcover could be reduced fmther. PAGE2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Novembe1· 15, 2004 6:00 o'clock p.m. (#04-3052 ERIC VOGSTROM, CONTINUED) Fritzler stated he would prefer the hardcover be reduced even ftnther. Fritzler stated in his opinion the property owner has not done enough to try to build within the resh-ictions and that he would like to see the hardcover at 25 percent. Fritzler indicated he does not want to see the hardcover increase in the next few years from what is approved tonight. Leslie commented that consideration should be given to the fact that the proposed hardcover calculation now includes a driveway where the old hardcover number does not include a ddveway. Leslie noted there is a three-car garage and inquired whether the garage could be reduced to a two-stall garage in an effmt to reduce the size of the dtiveway and the amount of hardcover being proposed. Leslie indicated he does not feel a three-car garage is essential. Winkey inquired what the square footage is of the proposed ddveway. Cuitis stated it is 690 square feet. Winkey noted if a d1iveway similar to the cmTent driveway is constructed, the hardcover would be approximately 2,600, 2,700 square feet. Vogstrom stated he does own three cars and would like to build a home that is marketable in today's world. Vogstrnm stated a three-car garage is standard nowadays. Vogsh·om noted the floor plan is less than 1100 square feet and that in his opinion he is not able to reduce the hardcover any forther. Vogsh·om indicated he does not plan to increase the hardcover in the future since he has accounted for a deck and · other items in the cun-ent design. Jeff Essen, 2648 Casco Point Road, noted he was present at the first Planning Commission meeting where he expressed some concerns regarding drainage and off-street parking. Essen stated the street is rather · narrow and the traffic goes through that area quite fast. Essen indicated he would not be opposed to granting some additional hardcover to accommodate parldng on the lot rather than the street. Paul Kaster, 2600 Casco Point Road, stated the existing driveway exists totally in the fire lane, and questioned why the Plmming C01m1rission would take that piece ofprope1ty and grant it as hardcover to the lot. Kaster stated the portion of the driveway that is located in the fire lane is a large section. Kaster stated that is not pmt of the prope1ty and should not be included in the area used to detennine the appropriate hardcover. Rahn noted there is a large amount of hardcover in the fire lane, but indicated to his understanding the Planning Conmrission is not swapping that same square footage and allowing it on this property .. Kaster inquired how much of the hardcover in the fire lane is being granted to the lot. Bremer indicated zero. PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3052 ERIC VOGSTROM, CONTINUED) Kempf stated the applicant has indicated the proposed hardcover does include hardcover for a driveway that would now be located on the lot rather than in the fire lane, which results in a reduction in the amount of total hardcover for this lot. Kempf stated the hardcover that is currently in the fire lane would not factor into what will be built on this lot. Rahn noted the hardcover that CUITently exists on this lot does not include a driveway. Kempf stated what happens in the fire lane does not factor into the amount of hardcover for this lot. Winkey indicated the applicant cunently has a property that does not include a driveway in the amount of hardcover on the lot. Winkey stated the amount of hardcover being proposed by the applicant is similar to the amount that would be required if a driveway had been located on the property originally. Winkey stated realistically a driveway is required and the applicant should be granted some hardcover to acconunodate that, which comes out to approximately 35 percent. Vogstrom stated overall the existing hardcover and future hardcover would be 1900 square feet less with the new proposal. · Leslie stated the 690 square feet for the driveway is now presumed to be part of the lot and that the hardcover in the fire lane is not being added to the amount that would be allowed. Jurgens inquired what 690 plus the existing hardcover number comes out to. Vogstrom stated it would be 36.1 percent hardcover. Rahn stated due to the configmatio:n of the lot and the two 0-75' zones, it only leaves 7,600 square feet in the 75-250' zone. Rahn stated the zones established by the City do not always work on lots similar to this property and that if the City only required a certain percentage be met, this discussion would probably not be necessa1y. Rahn noted due to the small amount ofbuildable land within the 75'-250' zone, the hardcover percentage would be larger than normal. Rahn indicated he does not feel the driveway can be reduced fmther. Essen inquired whether the hardcover on the right-of-way would be removed. Gaffron stated that issue should be reserved for the City Cotmcil and perhaps in conjunction with the Park Conmrission and the Public Works Depa1tment to detennine what the ft.me ti on and potential use of the fire lane is and whether the existing hardcover needs to be there to serve some public purpose. Gaffron stated the final decision concerning the driveway in the fire lane should be up to the City Council. Essen indicated he would not be opposed to shifting the house five feet to the north and have a variance granted in order to give more room to deal with the water runoff on the south side of the house. PAGE4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3052 ERIC VOGSTROM, CONTINUED) Vogstrom stated he also would prefer moving the house five feet to the north to avoid driving over tree roots and to improve the grading situation. Rahn noted Greg Gappa of the Public Works Department has been consulted with and has indicated he did not want the house to encroach on the fire lane. Rahn stated he would prefer not to have to grant that variance. Bremer inquired when this would appear before the City Council. Curtis stated she was planning to have it ready for the next City Council meeting. Rahn suggested the Council discuss the possible encroachment at their meeting since the Public Service Director would be in attendance at that time. Jurgens inquired whether the applicant was plam1ing on having S'pancrete in the garage to allow for an area underneath the garage. Vogstrom stated he is not sure how he would be able to access that. Jurgens noted ifthere were an area underneath the garage, a landing might be prefen-ed. Jurgens indicated he is in favor of hardcover at 35 percent. Jurgens stated he does have concerns about people buying substandard lots and then wanting to constt.uct a new residence on it. Jurgens stated the three-car garage and other features to this house are not a hardship. Jurgens stated he has a concern with the lakeshore setback since the house. could be angled a little more and perhaps slightly reduced, which would eliminate the need for the average lakeshore setback. Jurgens coi.nmented he understands the house has been placed at an angle to allow for view of the long side of the lake, but that in his opinion the house could be angled slightly to elimina~e the need for that variance. Vogstt.·0111 indicated he was surprised a variance would be needed given the distance from that point to the neighbors. Rahn moved, Bremer seconded, to i'ecommend apprnval of Application #04-3052, Eric Vogstrom, 2618 Casco Point Roacl, granting of a hardcover variance of 36.8 percent hardcove1· in the 75'-250' setback zone, a variance fo1· a five foot encroachment into the average lakeshore setback, and to recommend approval of the tree restoration plan subject to Staff review ancl City Council approval. Rahn noted he does not see any areas where the hardcover could be reduced further. VOTE: Ayes 5, Nays 2, Fritzler and Jurgens Opposed. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3052 ERIC VOGSTROM, CONTINUED) Bremer inquired whether Jurgens would have allowed hardcover in excess of 25 percent but less than what was approved. Jmgens stated he would have. 1. #04-3069 G & I LAND INVESTMENTS, LLC, 6:21 p.m. -6:30 p.m. The applicants were not present. Gundlach noted the applicants were aware that this application was on the consent agenda, which is why they probably are not present at this time. Gundlach recommended this application be tabled if the Planning Commission elects to deny the application or to make revisions to the plan. Gundlach stated the applicants are requesting an average lakeshore setback variance to pemrit a proposed pool to encroach 45' into the required average lakeshore setback. Gundlach noted this is a rebuild, with the other proposals meeting the City's requirements. Gundlach indicated the intent of the average lakeshore setback is to preserve the views of adjacent landowners. Staff did visit the property and took several photographs, most importantly from the neighbor's deck that would be the most impacted. Staff has detennined due to the orientation of the lot and the shore that there are no negative impacts to the views and is rec01m11ending approval of the variance. Rahn called for public comment. There were no public c01mnents concerning this application. Jmgens indicated he did look at it the same way as Staff, but noted that the pool deck itself is proposed at 950', which is approximately two feet above the main level of the house. Jurgens stated he viewed this property from the adjoining neighbor's residence and that in his view this is a larger strncture than what it appears to be on a piece of paper. Jurgens stated if no retaining walls were constrncted, a large hill would be in that area which would give it the appearance of having too much fill. Jurgens noted the plan shows the pool going from 950' to 940' without any fill or contours being depicted on the plan. Jurgens stated he would like to see some calculations in order to detennine whether a conditional use permit is needed for the fill. Gundlach noted this is not a final plan, with the applicants indicating they do not wish the pool to be elevated. Staff has detennined the height of the pool would not exceed the height of the current deck. Jurgens inquired whether the elevation of the pool deck is at 943 '. Gundlach stated the elevation of the pool deck has not been detemuned. PAGE6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (6. #04-3024 CITY OF ORONO, LARGE VEHICLE STORAGE PERMIT, Continued) Moorse stated this ordinance has only focused on storage oflarge vehicles . Gaffron stated the section of the Code being discussed is 78-1491(h), which was changed in November of 2003 to require that no trailer in excess of 10,000 pounds gvw shall be parked or stored in a residential district except for loading, unloading, or rendering service. Gaffron stated shortly before the start of tonight's meeting is the first time he has been made aware that there is a 12,000-pound trailer being stored on this property . He stated that trailers have not been discussed in conjunction with this ordinance amendment. Peterson and Sansevere concuned that the trailer is a new issue and has not been previously discussed in conjunction with the ordinance amendment. Peterson suggested the trailer be dealt with separately. Peterson inquired whether the trailer was disallowed as of November of 2003 .. Gaffron stated that is con-ect. Peterson indicated the City would have to deal with the trailer at another time. Timm inquired whether the trailer could be included in the pe1mit application. Peterson stated it could not be since they are two separate issues. Peterson inquired whether there were any public comments concerning this application. There were no public co1m11ents. Sansevere moved, McMillan seconded, to adopt ORDINANCE NO. 21, Third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Amending Section 78-1577(C) Regarding Vehicle Storage in "R", with the $30.00 fee being waived for the first 90 days. VOTE: Ayes 4, Nays 0. 7. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Eric Vogstrom, Applicant, was present.. Peterson stated a significant change in plans has been presented on this application. Peterson noted Staff . is recommending that this application be refen-ed back to the Planning Commission. Peterson inquired whether Staff should proceed with their report tonight concerning this application given the recommendation . White inquired whether the applicant is aware of the recommendation. Curtis stated the applicant is aware of the recommendation . Banett indicated he did speak this morning with the applicant 's attorney who concuned that the application be sent back to the Planning Commission. PAGE4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (7. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Co11ti11ued) Peterson inquired whether the applicant was in favor of the Council tabling his application and referring it back to the Planning Commission. Vogstrom indicated that would be okay. Vogstrom inquired whether the Council wished to address the issue of the tree removal. Sansevere recoinmended the applicant not remove any additional trees. Sansevere noted the tree removal and the variance application are two separate issues. Curtis noted if the application were tabled tonight, it would be on the November 15 th Planning Commission agenda. · Peterson moved, White seconded, to table Application #04-3052, Eric Vogstrom, 2618 Casco Point Road. VOTE: Ayes 4, Nays 0. 8. #04-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING - VARIANCES -RESOLUTION NO. 5247 Jon and Gail Blackstone, Applicants, were present. Gundlach stated the applicants are requesting a lot width variance in order to construct a new residence on an existing lot. The lot consists of two existing 55-foot lots that have been combined for a total lot width of 110 feet at the road. The lot width requirement in this zoning district is 140 feet, with 112 feet being needed for administrative approval. Gundlach noted the lot area does meet the administrative approval standard at approximately .898 acres. The applicant has submitted a plan for a new residence that meets all setback, hardcover and lot coverage standards. City Staff and the applicant's engineer have agreed on a grading plan that will not negatively impact adjacent neighbors and route all new stonnwater to the street. Gundlach noted no building permit would be issued until the City Engineer approves the final version of the plan. In addition, the applicants are proposing to retain the existing accessory building located near the road. Since the accessory structure would be located nearer to the street or front lot line than the new residence, a variance is required. Gundlach stated the applicants do have the ability to relocate the structure to the 75-250' zone, which would meet all setback and hardcover standards or they have the option of incorporating an additional stall into the attached garage to gain additional storage space. The Planning Commission recommended approval of the lot width variance and denial of the variance to permit an accessory building to be located nearer to the street or front lot line than the principal structure. Approval of the lot width variance is subject to a grading plan acceptable to Staff and the City Engineer. Staff continues to recommend denial of the requested variance to keep an existing accessory building closer to the street or front lot line than the principal building. Jon Blackstone, 4465 Forest Lake Landing, stated the only issue apparently outstanding is the shed, which received a new roof and paint last summer at a cost of approximately $2,000. Blackstone noted that shed has existed in its cun-ent location for over 20 years. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (8. #04-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING, Continued) Blackstone stated the location and design of the new house and pool is meant to minimize runoff and disruption of the topography, with the lot containing approximately 30 mature trees, a number over 100 years old. Blackstone indicated the shed is currently used to store snowmobiles, snowblowers, riding lawnmowers and kids' toys. Blackstone stated the proposed location of the house and pool does not leave room for access to the back of the lot. Blackstone stated they are requesting they be allowed to relocate the shed adjacent to the garage, which is approximately 160 feet from the street, and that they would be willing to camouflage the shed to lessen its visibility from the street. Blackstone stated the hardship they have is the lack of storage if the shed is required to be removed. Sansevere noted the hardship must be inherent to the land and not to the property owner personally. Gail Blackstone stated it is her understanding that on occasion the City has grandfathered in similar types of structures. Blackstone noted the other homes on this street face the lake, with their back yards facing the street. Blackstone stated this is the only lot on the street where the area next to the street is considered the front yard. Blackstone stated prior to the improvement work done on the shed, it was looking very rundown and leaked, but now it looks like a decent structure. Blackstone commented they would not have incurred that expense had they known the building would need to be removed. Blackstone requested the shed be allowed to remain. Sansevere inquired whether the applicants' proposal to relocate the shed has been discussed with Staff. Gundlach indicated that option was discussed, but noted that the shed would need to be attached in order to comply with the code and not require a variance. Gundlach stated there is no hardship to grant that variance. Gundlach indicated she is not aware of what the requirements would be for attaching the structure. Gaffron inquired whether the shed could be located ten feet from the garage. Gundlach stated that would still require a variance. Gaffron noted they would not require a variance if the shed was attached. McMillan inquired whether the proposed garage could be expanded. Gundlach stated they could increase the size of the garage by 200 square feet to make up the loss of the shed. Gaffron stated the lack of access to the back yard is created by the applicants' desire to have the residence and pool located as proposed. Gaffron noted the location of the residence may also create potential problems with future maintenance of the residence should a large truck need to access the rear of the residence. Sansevere inquired what the applicants have to do in order to attach the shed to the garage. PAGE6 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: October 25, 2004 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 26, 2004 COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 VOTE: 5 FOR 0 AGAINST Motion: To table the application as requested by the applicant. Your application is hereby tabled to the November 8th City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7 :00 o'clock p.m. 8. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Mayor Peterson moved, Sansevere seconded, to table the application for Eric Vogstrom, 2618 Casco Point Road, at the applicant's request. VOTE: Ayes 5, Nays 0. *9. #04-3053 BART AND BETSY BUTZER/AULIK DESIGN GROUP, 2625 NORTH SHORE DRIVE -VARIANCE -RESOLUTION NO. 5239 White moved, Murphy seconded, to adopt RESOLUTION NO. 5239, a resolution granting a lake setback variance for 2625 North Shore Drive. VOTE: Ayes 5, Nays 0. 10. #04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH -VARIANCES Curtis explained that the applicant was requesting a hardcover variance within the 0-75' setback in order to construct a gazebo and install paved walking paths, and a lake setback variance to construct the gazebo 22' from the OHWL where a 150' setback is required and a 45' setback cunently exists. Although the applicant was granted a 0-75' setback variance in the summer of 2004 to conve1t concrete patios to decks within the 150' structure setback from the OHWL of French Lake, Curtis noted that it is the applicant's assertion that this additional request was to have a been a part of that original application. Curtis stated that staff concuned with the Planning Commission's unanimous recommendation for denial of the hardcover and setback variances based on lack of sufficient hardship. Sansevere asked whether there was hardship for the initial variance request. Gaffron noted that there was hardship for the previous application; however, none exist for this application. Mark Ritter, applicant's representative, stated that it was their intent to make the backyard usable and safer. Dr. Spencer pointed out that these items were inadvertently left out of the previous application and noted that the earlier application actually decreased hardcover. She indicated that it was difficult to maneuver the property due to her physical limitations , as well as, aclmowledged the desire to view more of the yard and stay away from mosquitoes. Murphy stated that the Council could not grant hardship to conect a building error not communicated to the city by a previous contractor. He stated that, in fact, the applicant would have had a difficult time getting this request approved this summer also had it been included . Ritter asked the City Attorney if any 'grandfathering' was applicable to this property since it existed prior to the Shoreland Ordinances. Barrett stated that it is within the City's ability to grant variances to the shoreline ordinance. Gaffron stated that many legal nonconfonning properties were created by shoreline ordinance; however, while they exist as legal nonconforming structures, additions to those nonconfo1mances are subject to new ordinance. PAGE 6 of 10 'I CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 ZONING FILE 04-3052 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19, 2004 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: October 18, 2004 Planning Commission voted on a motion to deny the variance request in its entirety; the vote was as follows: VOTE: 5 FOR 2 AGAINST (Bremer, Rahn) Applicant's next scheduled meeting is confirmed as: City Council -October 25, 2004 -Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3024 City of Orono, Vehicle Storage, Continued) Gaffron stated Staff has not conducted a specific inventory to determine that, but in the few instances they are aware of the lots are generally large enough that they should be able to meet a 50-foot setback. · It was the consensus of the Planning Commission to leave the 50-foot setback as is. Bremer recommended the second "potential" in (c)(2) be eliminated and the ampersand between wear and tear be changed to the word "anq". Rahn moved, Fritzler seconded, to recommend approval of the proposed amendment to Section 78-1577(c) regarding exterior storage in R Districts, establishing a one-time permit for pre­ existing users to continue the storage of large vehicles under certain conditions. < J VOTE: Aj1es 7, Nays 0 ' 3. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES, 6:17 p.m. -6:36 p.m. Eric Vogstrom, Applicant, was present. Curtis noted this application was before the Planning Commission at its September meeting and was tabled to allow the applicant time to redesign his plan in an effort to reduce hardcover on the lot. Since that time the applicant has submitted another plan and is now requesting a hardcover variance for 38.9 percent hardcover within the 75-250' setback zone, a variance for side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is norn1ally required, and an average lakeshore setback variance to encroach 5 five nearer to the lake than the property to the south. Curtis stated since the time of the last meeting the applicant has also removed a number of trees from the property without city pennit. Curtis noted the adjacent neighbor has sul;>mitted a letter regarding his concerns with this proposal. Staff recommends approval of the average lakeshore setback variance and denial of the side sh·eet setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. fu addition, Staff is recommending approval of any variances be made contingent upon approval of a restoration plan to remedy the vegetation removal on the property. Rahn asked for public comment concerning this application. Jeff Essen, 2648 Casco Point Road, indicated he had met with the applicant prior to last month's Planning Commission and discussed his original plan and the concerns he had regarding drainage, trimming of trees, protection of established trees, and off sh·eet parking. Essen stated Vogstrom indicated at that time that he was agreeable to installing gutters and downspouts, drain tile, and PAGE4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) construct a swale between the two properties. Essen stated he agreed to work with Vogstrom on trimming his trees in an effort to improve Vogstrom's view of the lake. Essen stated last week Vogsh·om had a tree service come in who illegally took down two mature trees on Essen's property as well as other trees and vegetation on Vogstrom's own property. Essen indicated based on those actions, he no longer is in support of this proposal until such time as a restoration plan is approved and the damage has been adequately addressed. Paul Kaster, 2600 Casco Point Road, stated he is the neighbor to the north and at the last meeting was in favor of the variance to encroach on the fire lane. Kaster indicated since the applicant has now clear cut his lot, he would like to withdraw his support of the variance. Kaster stated he now has concerns regarding erosion since the vegetation has been totally removed. Vogstrom stated he is in agreement with his two neighbors regarding their concerns and that the tree company was hired to remove a couple of h·ees that were dead. Vogstrom apologized to the City and his neighbors regarding the removal of the vegetation, noting that he was not aware the tree company was going to remove as much vegetation as they did. Vogstrom indicated he did ask the tree removal company to contact Staff regarding this incident, but that he accepts full responsibility for the mistake. Rahn noted the applicant has made some hardcover reductions but that the proposed residence is still 10 feet from the right-of-way where 15 feet is required. Vogstrom stated on one side he is 13.5 feet and that the residence can be slid over somewhat to the south. Vogstrom indicated at the time the plan was drawn up he was trying to protect some trees in that area and that it was his belief the trees enhanced the lot. Jurgens noted the Planning Commission should act on this matter tonight given the 60-day time limit. Jurgens stated in his opinion the hardcover still needs to be reduced further, noting that there are drainage issues that also have to be dealt with on this lot. Vogstrom noted the City Engineer had signed off on the drainage issues under his original proposal at the 58 percent hardcover. Vogsh·om stated Staff infonned him that the City Engineer did not have any issues with the drainage. Vogstrom indicated the property at 2800 Peasant Road was approved in mid August 2002, which is a lot that had a very similar situation where two-thirds of that lot was in the 0- 7 5'. Vogstrom noted two-thirds of this lot is also in the 0-75'. Vogstrom stated the Planning Commission at that time found that while the 25 percent standard is feasible, such a limitation would result in construction of a residence that would not be in keeping with the character of the neighborhood and sunounding homes. Vogstrom noted a hardcover variance was allowed in that instance at 39.2 percent hardcover. Vogstrom indicated the proposed footprint of his house is approximately 1100 square feet, with a three-car garage, which is not out of character for this neighborhood and does not constitute a large house. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Leslie inquired how many of the neighbors have three car garages versus two car garages. Vogsh·om stated it is approximately half and half, with the newer homes having the three car garages. Vogstrom indicated he was attempting to address the off-street parking by constructing a three-car garage. Vogstrom noted the current residence is also located on the property line, which makes it nonconfonning, and the amount of hardcover on the lot is also being reduced with his proposal from what currently exists. Winkey inquired what impact a reduction to 25 percent hardcover would have on the design of the house. Vogsh·om stated he is better off going with the 1500 square foot footprint plus a small amount for a driveway and a sidewalk, which would bring the hardcover to around 30 percent. Fritzler commented that in his view the size of the lot should give the applicant an adequate building pad and that he would be opposed to granting any variances. Fritzler stated he would like to see the hardcover reduced to 25 percent. Jurgens stated based on the time limits, he would like to make a motion denying the application. Jurgens moved, Leslie seconded, to recommend denial of Application #04-3052, Eric Vogstrom, 2618 Casco Point Road. Rahn noted the applicant does have the ability to sign an agreement extending the 60 days. Bremer stated she does not feel the Planning Commission should make a motion based solely on the fact that the 60-day time limit is about to expire. Jurgens stated in his view the hardcover should be reduced to 25 percent and that there is no need to grant any variances based on the size of the building pad. VOTE: Ayes 5, Nays 2, Rahn and Bremer opposed. Rahn stated he believes the applicant should be given the opportunity to revise his plans again but that he is in agreement that the hardcover be reduced. Vogstrom inquired whether he could utilize an end-loading garage. Jurgens stated the applicant does have that option but that a new application would need to be submitted. PAGE6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Rahn stated he would not be in favor of any encroachment into the right-of-way. Rahn commented the Planning Commission does not have the time to discuss the applicant's various options concerning design of the garage and residence but that the applicant needs to make those design decisions. Rahn noted the Planning Commission has denied the application and that this matter would go before the Council. Bremer inquired whether denial of the average lakeshore setback variance was also included in the motion. Jurgens indicated the motion was to deny the entire application. Bremer stated she would have been in favor of granting the average lakeshore setback variance but that the hardcover needs to be reduced on this lot. Bremer indicated she would be willing to consider hardcover in the higher 20's since there is a lot oflakeshore on this property and that there are some circumstances where that could be considered a hardship. Bremer noted she is not in favor of the side yard setback variance. Vogstrom noted the existing 27 percent hardcover on this lot does not include a driveway. Rahn noted this application would move forward to the Council, and suggested the applicant consider revising his plans in an effort to further reduce the hardcover prior to the City Council meeting. NEW BUSINESS 4. #04-3042 PILLAR HOMES ON BEHALF OF ROGER & CAROL ROVICK,1625 BOHNS POINT ROAD-AFTER-THE-FACT CONDITIONAL USE PERMIT, 6:37 -7:20 p.m. K.C. Shermack, Pillar Homes, and David Tupper, Landscape Architect, were present. Gundlach stated the applicant is requesting an after-the-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of the building pern1it. The City cutTently requires a conditional use pennit for fill in excess of 500 cubic yards. The property is located at 1625 Bohn's Point Road. Gundlach indicated a building pe1mit for this site was issued approximately one year ago, with the grading permit approved by Staff and the City Engineer at that time. The grading permit showed 1,650 cubic yards of fill would be used. Gundlach noted Staff did not realize, as the fill was spread out over a large area, the need for a conditional use permit at the time the grading permit was applied for. Near the end of the project additional fill was brought in beyond the approved grading plan and it became apparent that the amount of fill exceeded what had been approved and Staff informed the contractor that the fill would either need to be removed or an after-the-fact conditional use permit applied for. Since the contractor had the home scheduled to be in the Parade of Homes and they were ready to lay sod, Staff decided to allow them to place the sod for the parade and to apply for an after- PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) the-fact conditional use pem1it to seek approval if the excess fill was not going to be removed. The home was issued a temporary certificate of occupancy with the removal or approval of the fill as the only outstanding issue. Staff is requesting that any approval be contingent upon implementation of the City Engineer's reconm1endations, which includes repair of the swales along the n01ih and south property lines. Staff is also requesting the Planning Commission discuss whether the additional fill creates a negative visual situation for the directly impacted neighbors to the north and south and also on the neighborhood as a whole. Gundlach noted the City Engineer is available tonight to answer any questions. Shermack, Pillar Homes, stated he oversaw this project from start to finish. Shennack indicated he was not informed of the need for a conditional use pem1it in the fall when he applied for the grading pem1it. Shem1ack acknowledged that the amount of fill brought onto this lot is over the limit allowed by the City without a conditional use pennit. Shennack stated his main concern at the time of construction was the water level of Lake Minnetonka and that all of the fill was brought to the off­ lakeside and has nothing to do with the east side, the west side, and the lakeside. Subsequently the home was constructed, with extra caution being taken to ensure that the home was being constructed above the high water level of Lake Minnetonka. Shennack stated in his view the important factor in constructing this home was the lakeside portion of the residence and not the front of the residence. Shermack stated the fill was primarily brought in for the driveway. Shem1ack indicated the home was constructed according to the survey, with periodic inspections being perfom1ed by City Staff on different aspects of the house. Shermack indicated the homeowner over the winter requested to meet with a landscape architect and specified certain landscaping features be constructed as part of this project. Following that meeting with the landscape architect, additional fill was brought in. Shermack pointed out this property is a large parcel and there is plenty of room to grade the extra fill in. Shermack stated the fill was brought in to help achieve access with Bohn's Point Road in accordance with the property owner's wishes. Shermack stated during the off-season the homeowner also requested some very key trees be removed because of dead growth towards the bottom of the trees. The removal of the trees affected the original grading plan. In addition, the property owner asked that the grade be raised and that new pine trees be planted. Shem1ack stated the fill was also requested by the homeowner in an effort to make the driveway more acceptable in their opinion. As the end of the project neared, the landscaping plan was submitted to the City. Shermack noted there was no attempt to deceive the neighbors during this project or the City. A number of open houses and social functions were held at this residence, with the neighbors being kept apprised of the project. Shermack stated the one resident that has complained is a fairly new resident to the neighborhood with the home being purchased in April. Shermack noted this paiiicular resident has not yet moved into the property at the present time. PAGES CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 ZONING FILE 04-3052 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 2004 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: September 20, 2004 Planning Commission recommended as follows: The application was tabled in order for the applicant redesign the proposal to reduce overall hardcover level proposed and to meet the 5' side street setback. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Planning Commission -Monday, October 18, 2004; Meeting starts at 6:00 pm If you desire certified copies of the official Planning Commission minutes, they are av.ailable from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3051 Kevin and Julie Fitzpatrick, Continued) Gundlach indicated people are allowed a stairway to the lake. Jurgens stated he also is persuaded somewhat by the fact that this neighborhood is gradually going towards the larger lots, which is changing the character of the area. Fritzler stated just because someone buys a lot on a lake, they should not be expected to sit on that lot for a period of time until additional property can be acquired in order to create a larger lot. Fritzler stated he would prefer to see the residence a little bit smaller and a little bit lower just to reduce the appearance that it is a big structure on a small lot, but that he generally does not have much disagreement with the proposal. Kempf stated if a purchaser is not allowed to build a decent home to live in on these small lots, it removes this type of lot from the market. Kempf stated he is in favor of the proposal. Leslie thanked the neighbors for their comments on this proposal. Leslie moved, Kempf seconded, to recommend approval of a lot area variance, lot width variance, and north and south side yard setback variances to permit construction of a residence located at 356 West Lake Street. VOTE: Ayes 5, Nays 1, Jurgens Opposed. Jurgens stated he is opposed to the approval because he does not see a hardship for the variances. 8. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCE Eric Vogstrom, Applicant, was present. Curtis stated the applicant is requesting a number of variances in order to construct a new single-family residence on the property. The variances being requested are a hardcover variance for 5 7 .9 percent hardcover within the 75'-250' setback zone where 25 percent is normally allowed; a variance for a side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is normally required; and an average lakeshore setback variance to encroach 10' nearer to the lake than the property to the south. Curtis stated the current home on the property is set back approximately 86 feet from the ordinary high water level, with the applicant's proposal showing a 75-foot setback. Curtis indicated the view of the lake from the property to the south should not be impacted by the applicant's proposal. Curtis stated bordering the applicant's property to the north is an undeveloped public right-of-way. The applicant's property is approximately 80 feet in width. Allowing for a 10-foot setback on the south and a 15-foot side street setback on the north leaves a 55-foot wide buildable area. It is Staffs opinion a reasonable home can be constructed within this area. The applicant is proposing 57.9 percent hardcover for this lot, with a 3,002 square foot footprint to essentially max out the 15 percent structural coverage amount based on the total dry land area. The total property area is 20,561 square feet; however, this includes approximately 4,000 square feet separated PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) from the building site by an inlet of Carman Bay. The contiguous land area is approximately 16,400 square feet. The applicant is basing the structural coverage amount on the total noncontiguous parcel above the 929.4' elevation. Neither the lot coverage ordinance nor the Zoning Code definition of "lot area" clarify whether the lot coverage percentage should be based on contiguous area. The definition of minimum lot area found in the Subdivision Code would disallow noncontiguous land to be credited toward lot area. Curtis stated the applicant is proposing a 3,002 square foot footprint, 1,225 square feet of driveway, and 215 square feet of sidewalk to make up the 57.9 percent hardcover. There are no patios proposed and only one 18' by 11' deck on the lakeside of the home. Curtis noted the driveway as proposed would need to be reduced at the curb and would need to be substantially reduced overall to bring the hardcover down to a reasonable level. Staff finds that there is no hardship inherent to the land that would justify the side street setback variance or the hardcover variance as proposed. Staff believes that the 55-foot wide building envelope is very reasonable and that a setback variance to the side street is not justified. If the Planning Commission concludes that the applicant should get credit toward the structural coverage for the dry land on the noncontiguous portion of the property, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Staff recommends approval of the average lakeshore setback variance and recommends denial of the side street setback variance and denial of the hardcover variance. Staff also recommends removal of the existing gravel driveway within the city right-of-way and restoration of the area back to vegetation as part of the redevelopment of this lot. Curtis noted the grading and drainage plans have been revised since the issuance of the letter by the City Engineer, and that the applicant has addressed the grading and drainage concerns that have been raised. Vogstrom noted the road is unimproved to the north and requested the Planning Commission allow the encroachment in the right-of-way. Vogstrom stated the existing structure encroaches into the right-of-way by 14 feet. Vogstrom explained the existing hardcover calculation does not include anything for a pad and driveway, which exists on the north side. Vogstrom indicated at the present time there is no way to access the garage without going over the right-of-way. Vogstrom noted the current structure is located 21. 8 feet away from the street and is nonconforming. Vogstrom indicated he would be willing to restore the right-of-way at his expense if the city is willing to work with him on the hardcover. Vogstrom stated in his opinion he has a hardship due to the amount of water on his property and the fact that his land is not contiguous. Vogstrom stated in his opinion the proposed residence conforms more with the rest of the neighborhood than what currently exists. Vogstrom noted the property at 2601 Lafayette Road was granted hardcover in excess of 25 percent. Vogstrom stated the current structure is 1184 square feet and is figured at 26.4 percent hardcover. PAGE 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Barbara Essen, 2648 Casco Point Road, stated they have spoken with the applicant regarding the issue of drainage and that the applicant has indicated he is more than willing to ensure that drainage from this lot will not affect their lot. Jeff Essen stated the first plan did not show a swale, with the recent plan showing a swale. Essen stated the applicant has also indicated he would be installing gutters and downspouts, which would also help to alleviate their concerns regarding runoff. Barbara Essen stated they are not opposed to the larger driveway since parking along Casco Point Road is a problem at times. Essen indicated the applicant has also expressed a willingness to preserve the nicer trees on this lot, noting that a number of larger trees were lost as a result of a stom1 in 1997. Vogstrom stated the preservation of the h·ees is also one reason why he would like to have approval of the 10-foot encroachment into the right-of-way. Vogstrom stated the majority of the trees are located on the south side of the lot. Alan Greene, 2645 Casco Point Road, stated he is located across the street from this lot, and that in his opinion the proposed hardcover for this lot is excessive. Greene stated his residence is approximately 1200 square feet on a lot that is approximately the same size and that the lot in question is being overbuilt. Vogstrom stated Greene's footprint is 1374 square feet and his garage is 695, for a total footprint of over 2,000 square feet. Fritzler stated he does not see the need for the 57.9 percent where 25 percent is allowed and 26.4 percent currently exists. Fritzler stated he does not see the hardship for the increase in the hardcover. Fritzler stated he is also opposed to the 10-foot setback. Bremer inquired what number Fritzler would like to see for this lot given its restrictions. Fritzler stated he would be willing to approve 27 percent hardcover for this lot, but that he does not see any justification for the additional hardcover or encroachment. Kempf stated he is in agreement with Fritzler and that the plan appears to have been laid out without any consideration for the hardcover resh·ictions. Kempf inquired whether the applicant would be adding a deck or patio in the future. Vogstrom stated a deck is included in his current plans and that he does not intend to add a patio in the future. Bremer indicated she feels the 27 percent is low given the restrictions of this lot. Rahn commented he also feels this is a hardship lot but that it does not justify the 57 .9 percent hardcover being proposed. Rahn stated in his view more effort needs to be made to reduce the hardcover and that the structure could also be reduced to eliminate the need for the side street setback variance. PAGE 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Leslie stated the encroachment wdtfld be reduced if the size of the structure is reduced. Vogstrom inquired whether he would be better off remodeling the existing structure. Rahn stated that decision would be up to the applicant, but that the Planning Commission appears to be opposed to the proposed amount of hardcover. Leslie pointed out that a remodel is considered to be less than 50 percent of value. Rahn inquired whether the driveway could be reduced. Vogstrom noted there is no driveway figured into the existing hardcover calculation, and if a driveway was added into the hardcover, that would increase it to 34 or 35 percent. Curtis stated the property currently is accessed from the right-of-way. Paul Kaster, 2600 Casco Point Road, indicates he owns the property on the other side of the fire lane. Kaster stated the fire lane has been filled in over many years and that encroachment on the fire lane in his opinion should be granted because it would alleviate some of the construction problems the applicant is facing on this lot. Kaster stated the fire lane currently is not very passable given the vegetation and that allowing the fire lane to be used would have very little impact on the neighborhood. Vogstrom stated the house would also be angled and would only encroach in a couple of spots. Leslie stated in his view the hardcover could be reduced, which may in tum resolve the side street setback. Leslie inquired whether the Planning Commission could offer some suggestions on what they would like to see the hardcover reduced to. Fritzler stated he believes the hardcover could be reduced to 27 percent. Leslie stated in his opinion some of the hardcover for the fire lane should be applied to this property. Jurgens stated the fire lane is a public right-of-way and that the applicant has a right to use that fire lane. Jurgens suggested the applicant consider a side-loading garage if the City allows the fire lane to be used. Gaffron stated as far as the driveway is concerned, Staff has not looked at sight lines and other issues relating to safety, which need to be considered. Gaffron noted there is a slight curve on Casco Point Road that may dictate where the driveway is located. Rahn stated it appears the Planning Commission would like to see the proposed hardcover reduced and that the Planning Commission at this time is not prepared to set a definite percentage. Rahn suggested the applicant consider tabling his application to allow him time to redesign his plans. Rahn stated another option would be for the applicant to decide whether he would like to remodel the existing structure. PAGE 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Vogstrom inquired whether the Planning Commission would allow the l n, • 1oot side street setback given the fact that the fire lane is heavily wooded and not used. Jurgens requested the propetiy markers near the street be delineated. Leslie stated the applicant will need to make the decision on how to reduce the hardcover, and that the encroachment may be reduced once the hardcover is reduced. Leslie indicated it is impossible to say definitely whether the encroachment would be allowed given the fact that the plans need to be revised. Rahn stated the Planning Commission needs to look at the plans overall, and recommended the applicant continue working with staff to reduce the amount of proposed hardcover. Leslie indicated it appears likely that there may be some variance granted for hardcover given the restrictions of the lot, but that the applicant needs to take steps to reduce the hardcover down to something that is more reasonable for the lot. Kempf stated he generally is in favor of setback variances that have no negative impact on the neighbors. Rahn reiterated the Planning Commission needs to look at the plans as a whole, and inquired whether the applicant would like to table his application. Vogstrom requested his application be tabled. Rahn moved, Leslie seconded, to table Application #04-3052, Eric Vogstrom, 2618 Casco Point Road, to allow the applicant time to revise his plans. VOTE: Ayes 6, Nays O. PLANNING COMMISSION COMMENTS 9. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS AUGUST 23 AND SEPTEMBER 13, 2004 Leslie indicated he attended the August 23 rd Council meeting where a member of the public had inquired about the steps being taken to address the coyote problem. The resident had indicated that an increasing number of domestic animals have been disappearing. Leslie noted this matter has been referred to the police department. Leslie stated one of the Council members had thanked the Planning Commission for their efforts at addressing the issues coming before the City. Leslie noted the Council does limit public comment to five minutes at their meetings, which may help people in attendance at Planning Commission meetings streamline their comments. Gaffron stated that language could be added to the Planning Commission agendas. PAGE 24 MAY-06-2005 15:14 Minnehaha Creek Waters.bed 'Di.strict Improving Quality ofWarer,. Quality of Lift 18202 Minnetonka Boulevard, Deephaven, MN 55391 Phone (952) 471-0590 Fax (952) 471-0682 www.minnehahacreek.org SITE INSPECTI.QN P.02/02 DA'l'E: ;.i-3·-06 PERMIT APPLICATION # _ _,_0-~~~-~{)~lo=-i\...__ ROLE:___,.,&=------- CITY;, Qt-·~!\•{:) CONTRACTOR :_\'V-/_,o'-'-';)~' .i;;;W..., ____ \-t>A--e\----',,"'-''C'M,"""'-"'_,'f>.._ ____ INSPECTION #: (:) VIOLA'l'IONz 2 3 3+ D No apparent pennit issued -working without a permit ... I ~~lt fence: . * Missing ~ Needs Maintenance __ Not Trenched In ¾-:-See Drawing "-O{unmaintained or__p.on-rock construction entrance ~Excess sediment on sereets and sidewalks □·No inlet protection measures :.:····\, ~.lil.si(Q.,_Jc" □ Site not vegetated/stockpile not stabilized 501wetland or buffer impacts~ WCA -OFilling floodplain Q· Other -see comments RECOMMENJJATIONi , .. :;_ '·- '),~",·, \ ~~ ....,-,~ ~~ "'i'8 ho~r_.s -...,.,..., .. __ --·----·- □ Obtain permit / ..... ---~~ 1 ~-~.~--•••..• , .. _. Silt fence ad~ition/re-installation/repairs y~~I n maintain rock entrance C ean silt laden streets and sidewalks □ Inst.all inlet. protection ~~--J 1 □ Stabilize/vegetate soils or stockpile ~ ~--. ·:_-..-.::..,1_ --~.:: ... {.:~ ~"' )1.1 d d/. b ff .-.. .,. ? ~ ~ ~ Restore wetlan an or u er '\ D Restore floodplain ~·1?.){"...:,-.("' · ~ ~Cv-J\ ...ll,..C\'--f'~· □ Fees $ Reason: ,..._ ~ •'\ . -----------------t...:l'r. ~-.~ 0 Stop work order (on next visit, if stated repairs are not made) ~~ D Other -see cbmrnents COMMENTS: ____________________ _ -·::J: p ~ ¥~·\\ C e, c,A'-:, e.., t--..\: c %C:::-P &.-6 c::...._t ,;::...M, ..f.rl'< -~ -· 2-,.~ &l-:,,---.....r--.. S· I\ ?c ~ ~ --5+"''\r,\, \?ke,. I-"I:N>¥-M <ir'J'I-Sk 5 ', 1\::: .c._,,..: CJ =:?-~ 'o'g -t:-·~ ) "'-l-q C \~ '~ 'rr·os~u-b~ 'c,} s ~"<:;-- ' CORRECTIONS COMPLETE BY: 5/ \\ /-0 S ~ \, ')0 INSPECTED BY: ~:.,77( , (Dato) lTimal RECEIVED BY:..£_~.f.._,., ,;::-:c 'V ~jS<t:r:<:.>·e:-, /l,,~c,L DATE:$ ... 4 -e:a= t:c::> ~•~~me\(-,-...~ ~ (company) COMMON ABREVIATIONS: SF = Silt Fence ... EC ~rosion Conc:i:-oJ. GD = Gravel Driv@ MRY-06-2005 15:14 The Mim1eh4hu Creek Watershed District is comfflittcd to a leadership role in protecting; improving, and managing the surface waters arid affiliated groundwater resources within the District, including their reltitionshipstorhe ccosysrems of which cluy are an integral parr, through regulatiort, capital proj~t.s, ul.ucafian, cooperative endeavors, and other programs based ori sound science, innovative thinking, an -informed a~d engaged constituency, and the costeffeaive use of public funds. 111mnenana ureeK W' ffaterslled District DATE: Imptoving Quality of Water, Quality ~f Life Established in 1967 FAX MEMO Phone#: 952.471.0590 Fax#: 952.471.0682 P.01/02 TO: b.e. \~\&, ~v c--\ n ? , s:z -2 4i-1(o I~ "1c--" C-J>-V ... RE: # of pages i~cluding cover: Message: · j"\~I °""~,-c.. r £:,c-u e-~) 1,--l"'!,.. re-, ~ 'r"\ :1 . ¼'t~ ~ ,1:?....~ <:::> C"' ~ C....\-;) (gt i C. a_', Lo ~ +. ~ 0~ c,-<"\ £/ t, / 0 ~ -. \0 \--e-°'-~ · Co--.\\ ► \ C ~ cJ v-.... ~ c...v -'L ~.·\~ . C3J. 0~ .... iA·'IO{)S:, -, ~~~s / ' ' . . ~ 18202 Mlnnatonk_a Boulevard, Doophaven Minnesota 55391 • Phone: 952·~71 ·0590 • Fax 96:7~~2 -• www.mlnnehah~crea~.org Date Application Received: 08-18-04 1 1 / , Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 \( REQUEST FOR COU CIL ACTION Department Approval: , Name: Melanie Curtis i\ I tV\ Title: City Planner \\)\i Administrator Approval: Item Description: #04-3052-Eric Vogstro.m-2618 Casco Point Road-Variances Date: December 7, 2004 a Item No. .1 Agenda Section: Zoning District: LR-1 C, One Family Lakeshore Residential , 0.5 acte/100' Lot Area: 0.47 acre/20 ,561 s.f. Lot Width: 100 ' parallel to the shore & 80'@ 75' setback List of Exhibits: A-Revised Plans 12-05-04 B -Council Action Notice 12-02-04 C-Coundl Memo 11-17-04 D -Review Period Extension 12-01-04 E -Restoration Plan Staff Review Letter 12-08-04 Application Summary: . · . This applicat ion was tabled at your November 22 nd meeting in order to provide the applicant with an opportunity to redesign the proposal to reduce or eliminate the variances requested. At that time Council directed the applicant to redesign the proposal to include a 1,500 s.f. building footprint and the appropriate hardcover to support that home. Upon receipt of this requested plan the Council would determine the appropriate level of hardcover variance. The applicant has submitted a revised plan ; the home was slightly redesigned and the applicant is now proposing a slightly lesser variance than the 36.8% hardcover within the 75'-250' setback zone which was proposed previously. The new design is reduced from 1,884 s.f. to a 1,699 s.f. building footprint (including a home, 3-car attached garage, and deck) with a total of 36.0% hardcover in the 75'-250' zone. The new design proposes only° a 0.8% hardcover reducti01i from the previous proposa:i." Staff feels that the proposal is not responsive to the Council's direction, and is resulting in excessive staff time being spent on the application. Planning Commission Recommendation On November 15, 2004, Planning Commission voted 5-2 (dissenting Commissioners Fritzler and Jurgens felt additional hardcover reductions were warranted) to recommend approval of a. variance . within the 75'-250' zone for 36 .8% hardcover or 2,824 s.f. and an average lake setback variance to encroach 5' into the . average lake setback in conjunction with landscape restoration plan to be · approved. The Pla1ming Commission has not reviewed the most recent submittal. Planning Staff Recommendation Although the majority of the Plaiming Commission concluded that the large 0-75' area and relatively . small 75'-250' area is a hardship to the property; Staff is not convinced that the level of 36.8% or even 36% is wan-anted for this specific rebuild. Council should discuss the merits of this request and reach a conclusion as to what level of hardcover is appropriate to the site. Staff also feels that Council should review this proposal as a "footprint" rather than a rambler or two-story, as either could be constructed·on this property. Plam1ing Department Staff continues to recommend approval of the average lakeshore setback variance. Staff believes that the size of the 75'-250' zone (7,673 s.f.) which at 25% would allow only 1,918 s.f. of hardcover, is an inherent hardship. The city has generally established that for very small lots, the minimum reasonable garage/house footprint is 1,500 s.f.. It is likely impossible to construct a 1,500 s.f. house on this site within the 25% limit. Therefore staff will conceptually support a 1,500 s.f. home with the minimal decks, sidewalk and driveway needed to support it, but we think this can be done in the range of 30% hardcover, not 36%. We are 11.ot convinced that the 3rd garage stall is nece~sary. Council Action Requested Options include: 1. Accept the current plan and direct Staff to draft a resolution reflecting Council's action for adoption at your J amiary meeting; or 2. Reject the current plan and again provide the applicant with guidance; or 3. Other. w \ I ,, . ,o~~~ 'ED \ \ \ I I • ' l \ (12" Spruce 'slump-:,;t-g~_B-,, __ :1 .. _\, 78 I \ I \/ L / -. L \ ~ ··\· . ' ,f. I @ I I ' l , I / , I I , I , / I / I : ,, f, I ,' 12" ~ -~ , , ee : :e,,. 1:: : a : I ' I ' ' ' I (0 ' I ") I I '?1 : : 1 : co 12" :oa I re I I I J ' d I : ., : l ~ ~ ::, t I I I I I I I I I , , I , , , , , , , , , , , , , , , I I , ! 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Tre'e.st11m, I ', I 'r-,--- 1 ',<~ '];L--=t--=!!!---I:::;;J_ 1 I '-< I 1----l....P,.-!J;:~ L ____ _ I I ";HJ" t "':1 11 "! ~f& ~~~!~?ti ~§~~ 111 llil 1 ~ Ill! .... __ _,,. --. ------------· .. ·- STilAC:< ZON..:.! (C!::tCT.:E TI o.-:s e) ~Q-~ 5V']-!GGO' 0/17 -. EX!~! L~G E.;Rnco~.,c:R N ZO:"t~. J . ~ i B4 ·""-Rcu.::a X = .;:.:. i...=g--... ~ ;:;;.:..;. I ~ = ~--· .... = ' -~~. .... ~.: . E. C-a.-.,._g:~ ... = 5_-r=_ C. Driveway ~ 5_-.::_ X s_-=. D. Sic:.ewal:, ~ = 33·7 S..F. X = S.F. E.. PatlotD~~ ¥ = 4 1 G s !;" ~ ~- .... ::: S.F. F. Lands.:aµe CooK±Cf X !5 S.F. Undedain X "' S.F. By Plastic X = S.F. G. Other P~aY-iTe.Y--X "" l k-, S.F. TO'T AL HARDCOVER IN ZONE ·'2.02?, S.F. A TOT AL PROPERTY AREA IN ZONE ':]_h'::J-3 S.F. B A z..0·2.e + B 7f.7~ ~ 100 ; 2k,,4 % ~ PROPQ~~D ffARD~OY,1:;R IN zom;: A. House X = \ (., ~ <:J SF I Lcug:tlt Width X S.F. X S.F .. X. = .S.F·, 'I .:-:• 8. Garage X = ' ·S.F. c. Driveway X. "" f;O l S.F. ;,;: = S.F. D. Sidewulk -" = \ DB S.F. X = S.F. E, Patic/De:k -= \ 5:::\ S.F. ... ~ X = S.F. . i ?,.....,..;'-!~-:\,> -----.... X S.F. Unde:-!.rin X = S.F. By elastic X = c::: ~ ~-r, C:. Od:er y S..F. ,._ TOTAL EARDCOVE;t IN ZGNE 'Z. l 6 c_ : S.F. A TOTAL PROPERTY p. ..... ~ IN ZO'N.:=-:ZG,~ <::;;; --··· ·' 2--:r t,'L .,. B ·:z f.: 1 :::> :c 1CO = 3~.o % ,.,_ 11 --- ~ . -·.. . ---· . --.. : z ~ ..... ; '-. J ■I t---t- / ,--, I.--....-- tE ~ / / I ~ ~ Vogue Homes, Inc Vogstrom Residence Casco Point Road s;: A rn < --m ~ E3 D SJ co I ~ (0 I ~ ~ f.- 1 C')I(') (') I N ~Ill i5) <t 14'-5" · 1·-r, .... 40•-1" II k ~ / 7 R ◄Olf 11=1==1 ~ /,1~<~>, C/ / •./.:::, .< °'"<,-, CDl~~E .,'\) \~-;;:--<> '<:;,/ GREAT ROOM Cl) STUDY I N 124 sqft ..-10'-7" PORCH 27 sq ft 11 '-0" --~ 7'-1 O" ---23'-2" ------">! FIRST FLOOR PLAN 986 sq ft "' "' "' "' /A "' // "' "' // "' ~ I N -s- GARAGE 661 sq ft "' " ,,.;. / " ,o/ "' / / "' "-../ / / "' "' "' / / / o'o>, y., ~-'6'~ > \j-« ~ -'r- -=-I -,:-- ('I) 00 -· "¢ (.!) ' LO --- 0) I T"" ~ !c,-----15'-T' ----~ MASTER BDRM 199 sq ft BEDROOM 114 sq ft I CLOSET 26sqft PORCH 27sqft BEDROOM 109 sq ft k----12'-0" --------6'-2 11 --1-5'-1 11 -------23'-2" ------- SECOND FLOOR PLAf\1 891 sq ft 0 T"" I ~ "r- CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ·-· TO: Erk Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: November 22, 2004 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 2, 2004 COPIES:. Tin1othy J. Keane · ... · ~. Leonard, St.reet & Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 VOTE: 5 FOR 0 AGAINST Motion: To table the application in order to allow for the applicant to redesign the proposal to reduce or eliminate the variances requested. Your application is hereby tabled to the December 13 th City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. The City has received your request for an additional 60-day extension for your application review period. Tlterefore, tfte review period is ltereby extended an additional 60 days to March 10, 2005. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: November 22, 2004 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 2, 2004 COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 VOTE: 5 FOR 0 AGAINST Motion: To table the application in order to allow for the applicant to redesign the proposal to reduce or eliminate the variances requested. Your application is hereby tabled to the December 13 th City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. The City has received your request for an additional 60-day extension for your application review period. Therefore, the review period is hereby extended an additional 60 days to March 10, 2005. Date Application Received: 08-18-04 Date Application Complete: 09-13-04 60-Day Review Period Extended: 01-13-05 REQUEST FOR COUNCIL ACTION ,) Date: November 17, 2004 Item No. Department Approval: Name: Melanie Curtis N\:i)\ Title: City Planner Item Description: Administrator Approval: #04-3052-Eric Vogstrom 2618 Casco Point Road-Variances Agenda Section: Zoning District: LR-lC, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 0.47 acre/20,561 s.f. Lot Width: 100' parallel to the shore & 80'@ 75' setback List of Exhibits: A -PC Action Notice dated 11-17-04 B -PC Memo & Exhibits of 11-10-04 C -Letter from Hawkins Tree & Landscaping dated 11-8-04 D-Draft Minutes from 11-15-04 Application Summary: The applicant is proposing 36.8% hardcover within the 75'-250' zone and an average lakeshore setback variance of 5' in conjunction with the redevelopment of the lot. This application was initially denied by the Planning Commission at their October meeting and tabled by the Council on November 8th as the applicant revised the plan after the Planning Commission denial. During the November 15 th Planning Commission meeting, the Planning Commission clarified with the applicant that a 1-story rambler walk-out was proposed. To which the applicant stated that a 1-story rambler walk-out was the current plan. How does the proposed home style affect the variances as proposed? Would a two-story home warrant similar variance approvals? With regard to the applicant's request for an average setback variance of 5 ', a two-story home would be a further encroachment into the average lake setback than a 1-story home. The Council should discuss whether variance approvals should be conditioned on a specific home style. Planning Commission Recommendation On November 15, 2004, Planning Commission voted 5-2 (dissenting Commissioners Fritzler and Jurgens felt additional hardcover reductions were warranted) to recommend approval of a variance within the 75'-250' zone for 36.8% hardcover or 2,824 s.f. and an average lake setback variance to encroach 5' into the average lake setback in conjunction with landscape restoration plan to be approved. Planning Staff Recommendation Although the majority of the Planning Commission concluded that the large 0-75' area and relatively small 75'-250' area is a hardship to the property; Staff is not convinced that the level of36.8% is warranted for this specific rebuild. Council should discuss the merits of this request and reach a conclusion as to what level of hardcover is appropriate to the site. Planning Department Staff recommends approval of the average lakeshore setback variance; and should the Council find that there is a hardship inherent to the land supporting a hardcover variance an appropriate level should be determined. Council Action Requested Direct Staff to draft a resolution reflecting Council's action for adoption at your December meeting. ZONING FILE 04-3052 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 17, 2004 TO: Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 TYPE OF APPLICATION: Variances Planning Commission recommended as follows: COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South 5th Street Suite 2300 Minneapolis, MN 55402 To recommend approval of a variance within the 75' -250' zone for 36.8% hardcover or 2,824 s.f. and an average lake setback variance to encroach 5' into the average lake setback in conjunction with landscape restoration plan to be approved. VOTE: 5 FOR 2 AGAINST Dissenting Commissioners Fritzler and Jurgens felt additional hardcover reductions were warranted. Applicant's next scheduled meeting is confirmed as: City Council-Monday, November 22, 2004-Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. Date Application Received: 08-18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 01-13-05 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis, City Planner W Date: November 10, 2004 Subject: 04-3052, Eric Vogstrom, 2618 Casco Point Road, -Variance -public hearing FILE #04-3052 10 November 2004 Page 1 of 2 Zoning District: Lot Area: LR-lC, One Family Lakeshore Residential,½ acre/100' 0.47 acre (20,561 s.f.) Width: 100' parallel to the shore 80' @ 75' setback Application Summary: This application was denied at your October 18 th meeting. Since that time the applicant has proposed reductions and has been referred back to the Planning Commission by the City Council for review of the revised plan. The revised application consists of the following: 1. A hardcover variance for 36.8% hardcover within the 75' -250' setback zone where 25% is normally allowed and 27.1% currently exists (45.8% with the addition of the 2,652 s.f. area used as the gravel driveway in the right-of-way); and 2. An average lakeshore setback variance to encroach 5' nearer to the lake than the property to the south. The applicant has submitted a tree and vegetation restoration plan for the property which staff is currently reviewing. Sta.If Recommendation: Planning Department Staff recommends approval of the average lakeshore setback variance; and should the Planning Commission find that there is a hardship inherent to the land supporting a hardcover variance an appropriate level should be determined. List of Exhibits A. Survey revised November 8, 2004 B. Council Report as of November 4, 2004 1 Hardcover Calculations: Hardcover Total Area in Zone Allowed Existing Hardcover Zone Hardcover 12,888 s.f. 0 s.f 0 s.f.* 0-75 (including non-contiguous property east of Carman (0%) (0 %) Bav) 75-250 7,673 s.f. 1,918 s.f. 2,080 s.f.* (25%) (27.1 %) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance FILE #04-3052 10 November 2004 Page 2 of 2 Proposed Hardcover 0 s.f. (0 %) 2,824 s.f. (36.8 %) The applicant has revised the plan and reduced the level of proposed within the 75' - 250' zone. The originally proposed hardcover variance percentage request was 57.9% or 4,442 s.f.. At your October meeting the applicant reduced the initial request to 38.9% or 2,981 s.f., this request was denied by the Planning Commission with a 5-2 vote. The applicant has revised the plans to reflect a hardcover variance request of 36.8% within the 75'-250' setback, this most recent revision shows a reduction of 157 s.f. from the previous reduction. Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Planning Commission should determine whether or not there is a hardship inherent to the land to justify granting a hardcover variance for 36.8% hardcover in the 75'-250' setback zone where 25% is normally allowed in conjunction with the redevelopment of the lot. Additionally, staff recommends that any variance approval for this site should be conditioned upon the Council approval of a restoration plan to remedy the vegetation removals conducted on the property during the week of October 11 th . 2 t ~ ~ ~ Gj t 0 I (\\) 1 318 V I X94182'2 (jj T!RP 4 11 Maple Stump X947.1 <65.? , V/"k;il, sq. Ir, : I I '<I-'S/- 0) ' r~ C' 't /''\ \.J ._)'--'\_,I S ag· 3 100'1 E X9,.8 --2 1.10 -,J;,_,,ncrete :,r;uares • 12 *· Ft. 14 11 Oak tump ~ 0) Wc/111 tump ;;;­ OJ C) 'st- ;:::) r,; n+ I \...J I I I \_ orth /inf/ of Block /J, Winships Subd. of Lot 1, Sgfing Park 2nd Addition \) '- \ 6 11 Spruce Tree stump location shown ~ -2 ~ § t, I.) :it: 'st­ .._ Oi Cl~ Q) 0) ~'ti l.ij § _J ~oO t\.O co .i<W\e({'Q c"}v 2 11 Ash ( Tree stump , location shown as per client not field verified 2 11 Elm Tree stump location shown as per client not field verified \ v' 'x \ J \., r..._..;___:_~co\1.i:..R C ... -;1,..CGL ... ~ TI{)?'T r1C~~~LT //--c; y SI.T3AC:<: ZOt\;:,.; (CSCL..E -... i3) 0-75'" ~: ::$0-. / 1-=--.....::.•J: S~JG-~GGG, ~ -EX1~ i i.:.'iG F:}-.. ~Dco~/''ER N 70~-=: .~ hCU.Se _.,, = { i';;''f-._ ..... i..--::g:.."'! w:~~ ;:,;: = ' . ~ = ~..:-., ~ = ... -... ..... ..... vn vewci B. C-2.-age -= :::..:.. .... lh VJ!Jl,yl . , C. Drivewav y = S3. 2.<~S-Z... rf!..-e+ ~cd I ., -'?cJ S..?. "' D. Sidewan~ X = lL I q S.?. X = S.?. E. PariciDedc X = t/t& ~;:;-v.J. • V = S.F. A F. Landscape e,c?<O f::-. -1-<YJ? X = I~ S.F. Underlain X = S.F. By Plastic X = S.F. G. Other f/cl..._~r X = "' S.F. TOTAL HARDCOVER IN ZONE ·;,o,?O S.F. A TOTAL PROPERTY AREA IN ZONE 707] S.F. B A ... B X 100 = 77,/ % PROPOSED HARDCOVER lli ZONE I i:fi?'-1 A. House X = S.F. Length Width X = S.F. X = S.F, X = .S.F. , '> ,· B. Garage X = ..,, ·S.F. C. Driveway X = l:,10 S.F. ., = S.F . "' D. Sidewalk ., = 10 (o S.F. A X = S.F. E. Patio/Deck. X = I '-I~ S.F. ~ X = S.F. t:' !..~~~~ X S.F. .. Underfai.1. V = S • .F .. A By Plasric X = S.F. G. Cther X = S.F. TOT Al. F..?.RDCOv"'ER IN ZO'NE ?. g--z_ I..{ ! S.F. A ~ TOTAL PROFE..~TY A .. ~~ IN Z01'IE 7 1P73 '-= .. '-'••. - A + B X: ICO = '"3 • f ~'e ('\. . !y i( 11 Date Application Received: 08-18-04 Date Application Complete: 09-13-04 60-Day Review Period Extension Expiration: 01-13-05 REQUEST FOR COUNCIL ACTION Department Approval: Name: Melanie Curtis vie I Title: City Planner Item Description: Administrator Approval: #04-3052 -Eric Vogstrom -2618 Casco Point Road -Variances Date: November 4, 2004 Item No. Agenda Section: Zoning District: LR-IC, One Family Lakeshore Residential ,½ acre/100' width Lot Area: 20,561 s.f. (0.47 acres) Lot Width: 100' measured at a line parallel to the shore & 80' at the 75' setback List of Exhibits: A. Notice of Council Action (Tabling) dated 10-26-04 B. Council Report of October 20, 2004 C. 60-Day Review Period Extension Letter D. Tree Removal Violation Letters dated 10-14-04 & 11-03-04 E . Letter from Mr. Vogstrom's attorney dated 10-22-04 F. Revised survey dated 10-25-04 detailing most of the trees & vegetation removed . Application Summary: This application was tabled at your October 25 , 2004 meeting. Please refer to the Council Memo dated October 20, 2004 (Exhibit A) for the most recently revised plans and hardcover. Planning Commission Recommendation This application was first heard by the Planning Commission on September 20 th and was tabled at the applicants request in order to reduce the level of hardcover variance requested. On October 18, 2004, Planning Commission voted 5-2 (Bremer and Rahn cast dissenting votes) to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. The two dissenting voters wou ld have offered the applicant a tabling to allow him time to provide a further revised plan. Planning Staff Recommendation The applicant has proposed to Council a plan with fmther hardcover reductions but still requiring variances, Council should refer the application back to the Planning Commission for review of the revised plan. COUNCIL ACTION REQUESTED Refer the application back to the Planning Commission in order to review the revised plan, or direct staff to draft a denial resolution for adoption at your November 22 nd meeting . 1 l?X' b IT A CITY OF ORONO ZONING FILE 04-3052 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: October 26, 2004 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: October 25, 2004 COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 VOTE: 5 FOR 0 AGAINST Motion: To table the application as requested by the applicant. Your application is hereby tabled to the November 8th City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 95~.249.4627. Date Application Received: 08-18-04 Date Application Complete: 09-13-04 60-Day Review Period Expiration: 11-13-04 REQUEST FOR COUNCIL ACTION Department Approval~ i lJ Name: Melanie Curtis IVV'' Title: City Planner Item Description: Administrator Approval: #04-3052-Eric Vogstrom-2618 Casco Point Road-Variances Date: October 20, 2004 Item No. Agenda Section: Zoning District: LR-IC, One Family Lakeshore Residential, ½ acre/I 00' width Lot Area: 20,561 s.f. (0.47 acres) Lot Width: 100' measured at a line parallel to the shore & 80' at the 75' setback List of Exhibits: A. Revised Plans & Revised Hardcover dated 10-21-04 B. PC Action Notices dated 09-23-04 & 10-20-04 C. PC Memo & Exhibits of 09-13-04 & 10-14-04 D. Minutes from PC Meeting 09-20-04 & 10-18-04 (Draft) E. Letter to the PC from Neighbor at 2648 Casco Point Road Application Summary: In conjunction with a proposal for construction of a new 3002 s.f. home, the applicant requested variances within the 75'-250' setback zone for 57.9% hardcover where 25% is normally allowed, an average lakeshore setback variance to encroach 10' nearer the lake than the neighboring home and a side street setback in order to encroach 5' into the 15' setback from the unimproved right-of-way. At their September meeting, the Planning Commission reviewed the application and voted to table the application stating that they would like to see the applicant revise the plan to reduce hardcover. For review at the October 18th PC meeting, the applicant redesigned the plan to a request for 38.9% hardcover within the 75' -250' setback, a variance for a 5' encroachment into the average lakeshore setback, and a side street setback variance for a 10' setback from the right-of-way where a 15' setback is required. As of October 21, the applicant has revised the request for a 75'-250' setback zone hardcover variance of 36.8% for construction of a 1,884 s.f. house and an average lakeshore setback variance in order to encroach 10' closer to the lake than the neighboring home. This revision shows the proposed house meeting rear, side, and side street setbacks. 1 Planning Commission Recommendation This application was first heard by the Planning Commission on September 20 th and was tabled at the applicants request in order to reduce the level of hardcover variance requested. On October 18, 2004, Planning Commission voted 5-2 (Bremer and Rahn cast dissenting votes) to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. The two dissenting voters would have offered the applicant a tabling to allow him time to provide a further revised plan. Planning Staff Recommendation The applicant has proposed to Council a plan with further hardcover reductions but still requiring variances, Council should refer the application back to the Planning Commission for review of the revised plan. COUNCIL ACTION REQUESTED Refer the application back to the Planning Commission in order to review the revised plan, or direct staff to draft a denial resolution for adoption at your November 8th meeting. 2 r;ED 06 ~ ~ ~ ·~ ~ ' ti'( VJ i -~ t - ~ I I I I .· -;._/_ -- . ----- ~ C);) C) --f-<) ~~~ j ~~~ I ~1 L If If fl -l Q:; '-I I Jo 'v I L.- /1 l/ "'I C) \ ~ -----~Q. V \ "" 19 -4re / o.,___ " " / "" I '-...,_1 I I I I I -- ,tr} /?- I • ,., C' /'f' /''\ \J \...l ._) \J.., \.,/ S B9t3'00" E --211.10-- 0 v 0) \'- c::, "t- \'-\ \ • / I I / PROPOSED DECK 144 SQ. FT. 75 ,_..,,,1r1 I \./ I I I North line of Block 3, Winships Subd. of Lot 1, Spring Park 2nd Addition 7 I I I I ,~ I s9·~ i c ~ sSJ I // '0 ~ ~ti l M /, :0 // .ctn y .~½ I Elm stif,;/p .<J) ,l ¼ I ~ I I I I I Found 1/2· 161.1 S 89"23'00" E I I "I. " 14" Elm Slmp n\" 20± I I I I "i c-, '-- -~ 11:. \\ - \\ I \./ I _I_ ..... I I \'v, I J_ \\ '- I -~ ~ \ 'v' EX""I-~G E.!.~COV"='.R I:'-70:'<"":'. .. -\. hCU.Se C. Driveway D. SicewaL'< E. PatloiDe::k F. Landscape Unde..-iain By Plastic G. Other A CQok +o.o I Pl a.V\·±er -..... . , ., ..,. , ... X X .x X TOT AL HARDCOVER r:N ZONE TOT AL PROPERTY AREA IN ZONE ·-:2.. 1-,D 7-'6 + s ·1 b 7 .J PROPOSED HARDCOVER lN zom: A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck Underfai.1. By Plastic G. Odle: Length X X X X X X . "' X X X ;:: X. X Width -! TOT .Al. E..! .... ZOCOVE? .. IN Z01'!"E TOTA.l.. PROPERTY t,._U:!J.. IN ZO°N'"E 'L.'0'2..L\ + B 76 7 3 11 ~0--.. / = = = = = = = = = = = = = X 100 = = = = = = = = = = = = = ;,:: 100 = ' -------~--______ s--=-. .... ------- .... -------~-- ______ s.:. ______ s.: . ______ S . .F. ____,L\c....l-\ (;=-.. -S.F. ______ S.F. _---:..,).......;,S_s.F. ______ S.F. ______ S.F. -~)__,,.b..__, -S.F. ·'2_. 0 2-8 S.F. A ] b 7 ·s S.F. B '2,,G,4 % ·,:1ss~ •3oec-s.F. ______ S.F. ______ S.F~ -------'· S.Fi _,.._. ; ... ·S.F. G90 S.F. ______ S.F. \ 0 C-, S.F. ______ s.F. \ L\:t S.F. ______ S.F. ______ S.F. ______ 3.:F .. ______ S.F. ------S.:. LIVING AREA 1089 sq ft "-~i b ..... I <X) ..... ~ ,EEi ! □ w GL;JJ DW KITCHEN GREAT ROOM (. ~ "I-: / 10'-11" b I (0 ..... N I ~ BEDROOM 13'-6"x12'-5" <X) I (0 ..... ----13'-7" __ __,, II l I b ___jj-91 I I I I I I '7 -t I I I?' O? -f----;-I I I I N "-t <X) C") 4'-2" ~-- II 1' ll -- II 1' ----'~ 21'-1 0" ~ I 0) '-10' GARAGE 30'-6" X 21 '-5" r --------, r --------, r--------, II I I I I I I 7'-0" ---:.k-6'-10" 31'-10" -----I -----------------53'-8" ----------------- b I N N CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Eric Vogstrom 20840 Chatmel Dr Greenwood, MN 55331 ZONING FILE 04-3052 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19, 2004 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: October 18, 2004 Planning Commission voted on a motion to deny the variance request in its entirety; the vote was as follows: VOTE: 5 FOR 2 AGAINST (Bremer, Rahn) Applicant's next scheduled meeting is confinned as: City Council-October 25, 2004 -Meeting starts at 7:00 pm If you desire certified copies of the official Plaiming Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Plam1er, Melanie Curtis at 952.249.4627. CITY OF ORONO ZONING FILE 04-3052 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: September 23, 2004 TO: Eric Vogstrom COPIES: 20840 Channel Dr Greenwood, MN 55331 TYPE OF REQUEST: Variances DATE OF MEETING: September 20, 2004 Planning Commission recommended as follows: The application was tabled in order for the applicant redesign the proposal to reduce overall hardcover level proposed and to meet the 5' side street setback. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Planning Commission -Monday, October 18, 2004; Meeting starts at 6:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249 .4627. FILE #04-3052 October 14, 2004 Page 1 of 4 Date Application Received: 08-18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 11-13-04 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis, City Planner Date: October 14, 2004 Subject: 04-3052, Eric Vogstrom, 2618 Casco Point Road, -Variance -public hearing Zoning District: Lot Area: LR-lC, One Family Lakeshore Residential,½ acre/100' 0.47 acre (20,561 s.f.) Width: 100' parallel to the shore 80'@ 75' setback Application Summary: The applicant is requesting a number of variances in order to build a new single family residence on the property. The application consists of the following: 1. A hardcover variance for 38.9% hardcover within the 75' 250' setback zone where 25% is normally allowed and 27.1 % currently exists; and 2. A variance for side street setback of 10' where a 15' setback from the adjacent right-of-way is normally required; and 3. An average lakeshore setback variance to encroach 5' nearer to the lake than the property to the south. Staff Recomme11datio11: Planning Department Staff recommends the following: 1. Approval of the average lakeshore setback variance; and 2. Denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. Hardship: Staff does not find that there is a valid hardship to justify granting a hardcover variance or a variance to encroach on the side street setback. List of Exhibits A. PC Report of 09-13-04 -1J Or A B. Revised Survey dated 10-13-04 C. Revised Hardcover dated 10-13-04 D. Revised House Plan & Elevation 1 FILE #04-3052 October 14, 2004 Page 2 of 4 Background This application was before the Planning Commission at the September 20th meeting and was tabled in order for the applicant to redesign and reduce hardcover. Since that time the applicant has met with staff and redesigned the proposal in an attempt to further reduce hardcover. Additionally, the applicant has proceeded with tree removal in preparation for redevelopment of the property. The applicant performed this work without City approval or permits. The City is now in the process of analyzing the number of trees lost and an appropriate restoration plan. Staff recommends any variance approval include implementation of a Council approved restoration plan. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (½ acre) 100' Actual 20,561 s.f. (0.47 acre) 100' @ shoreline 80' @75' setback Setbacks: LR-lC Reauired Existing: Pronosed (Revised) Lakeshore 75' 80' (home) 78' (deck) Rear 30' 30' North Street Side 15' 10' South Side 10' 13.2' Average Lakeshore The home on property to the south is set back 86'± from the OHWL; the applicant's proposal shows a 75' setback. Technically, the applicant needs an average lakeshore setback variance however; lake views from the property to the south will not be impacted by the applicant's proposal. Structural Coverage: Total Lot Area Total Structural Covera2e 20,561 s.f. (0.47 acre) Allowed: 3,084 s.f. (15%) Approximately 16,400 s.f not including Proposed: 3,002 s.f. (14.6 %) the portions of the property to the East of -------------------------------------------------- Carman Bay Ad_iusted Allowed: 2,460 s.f. = 15% of 16,400 s.f. 2 Hardcover Calculations: Total Area in Allowed REVISED Hardcover Zone Zone Hardcover Existing Hardcover 12,888 s.f. 0 s.f 0 s.f.* 0-75 (including 11011- contiguous property (0%) (0 %) east of Carman Bay) 75-250 1,918 s.f. Revised 7,673 s.f. 2,080 s.f.* (25%) (27.1 %) * After exclusion of fabric or plastic-lined landscape beds Side Street Setback Variance FILE #04-3052 October 14, 2004 Page 3 of 4 REVISED Proposed Hardcover 0 s.f. (0 %) Revised 2,981 s.f. (38.9 %) The applicant has not redesigned the proposal to meet the 15' setback to the public right­ of-way, however the drive access remains off of Casco Point Road. Hardcover Variance The applicant has revised the plan and reduced the level of proposed within the 75' 250' zone. The previously proposed hardcover percentage was 57.9% or 4,442 s.f. the applicant has now proposed a hardcover percentage of 38.9% or 2,981 s.f.. This is a net reduction of 19% or 1,461 s.f.. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis 111 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 a11ticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect 011 values of property in the surrounding area. The Planning Commission shall consider recomme11ding approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause 1111due hardship because of circumstances unique to the individual property under co11sideration, and shall recommend approval only whe11 it is de111011strated that such actions will be in keeping with the spirit and inte11t of the Orono Zoning Code. Staffs position remains that there is no hardship inherent to the land which would justify the side street setback variance or the hardcover variance as proposed. There are no current or future plans to develop or vacate the Casco Point Road right-of-way along the property's northern boundary, and the future public use of the right-of-way is unknown. Staff has contacted the Public Works Department who request that the right-of-way be clear of any encroachments. Staff believes that the allowed 55' wide building envelope is very reasonable and a setback variance to the side street is not justified. Staff also does not find a hardship for this property to exceed the required 25% hardcover limit. The applicant has proposed to redevelop the property, where the Planning Commission has consistently required full compliance with all regulations. Staff finds 3 FILE #04-3052 October 14, 2004 Page 4 of 4 that an increase of almost 12% hardcover on a redeveloping lot already having excess hardcover would be completely inconsistent with past practice. Staff finds that no hardship inherent to the land exists to allow a hardcover level above 25% or 1,918 s.f. as this level allows for a 1,500 s.f. house and 418 s.f. for driveway, sidewalks and patios or decks. Summary of Issues for Consideration 1. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Planning staff also recommends denial of the side street setback variance, and denial of the hardcover variance. Additionally, staff recommends that any variance approval for this site should be conditioned upon the submittal and Council approval of a restoration plan to remedy the vegetation removals conducted on the property during the week of October 11 th . 4 V ~ SQ. ~ ~ ~ .:s- r:y '"I-0) "-0) .o ry CV "t­r:y 0 ~ ~ e 1.£ I I I I ---C-1171?;>/ Po,.-hh,..,. ,, / "' ,.,,..eo !'• .. -_/ _ ------~~ I---, / I -.:::.-/ I .....,_ I " I '-. I " I "'-I C ~o·:,;'If e,t:(;ad -1'1 '"'r~c--r',"\ <:::I V\..J,.)\...,\..I "'" S 89"23 100 11 E --211.10-- /.?-_r C9nc:·ef/e Sq!.lares { ... , 'c}' /. r-.. -~--1 -\~ ..... , l. , ~-----··/ f / 1.2 Sq. Ft. I /.- ~ /) l/ 0 ..... ~ "'i - Found 1/2• \) CJ " '~ i1Vi::,1/ ~ 161.18 S 59·23•00" E 0 ..... I I I I Stone f..'et. vk:!I .15 Sq. Ff. ~\ \ "I. " \\ '- I \" I [),"\in -t- 1 \.,/ 11 IL North line of Block 3, Winships Subd. of Lot 1, Spring Pork 2nd Addition 1~ 75 I l Found Brr:ikt1t1 Cap I p ;? l J1 -~ ~ ,;f t ~ Ill <8c-;, I x 20± " I \ J I 'v· I I ~ I ::i -2 I ~~ .... t> ~~ I ~~ OS ~~ I i!3 § I I I I I ,, ,06 r:-JJ'\i 06" sS· ,,,,, 'le " (' J \ 'v' ~i\ "'ii; -zi _I _____ J_ I _j ___ r__...;_~cOi.l .t:!..R C-U.ct""LA TIO:N 1YOR...~EEET tcfh0~ --~ gT3AG< ZOr'i..:.: (CB.GE v~'l°Z) " --~ t.-~~ J :SD-:.. SGG-iGOG' EX-:T~: ,,"G E..!.~COV~R N 70:'!-S A. hC7-Z.5~ ... = /I &4-' -----,. .!.--:!~-~ w:=..~ -= s~-= .. ~ .,. ... "' s..:_ -= ' -... 3. G-..r-..ge ¥ == ~--· .... c.. ~ Y, \Zi;rfA-1 t-.1 ... d-, 1.,vkll~x = ·so ;:; -= ......... X = s::. D .. 1::• • •T ,...!c.ewat.'< ft»Ji~ ~42.p,t<:-px = 4-1:1 I:-= ~---- X = 5,:.--· M~ E.. -?ariof Deck X = ~1-¢1 s ;:-..... X = -::-.... ..l:'. F. .~oe Co;:, t-ro p X = iS S.F. Underlain X = S.F. By Plastic X = S.F. G. Other PfAN'fBZ-X = I (o S.F. TOTAL HA.RDCOVER IN ZONE 2oSo S..F. A TOT AL PROPERTY AREA IN ZONE °11()1) S.F. B A ... B X 100 = ,Z,;1. I % ·' PROPOSED HAR~COVEB IN ZONE A. House X = /&Bl/-S.F. Length 'Mdth X = S.F. X = S..F. , __ X = S.f.. ' ' ~ r: B. Garage X = -;, ,s.F: C. Driveway X = fhk S.F. 87{,:, X = S.F. D. SideWlllk .., = qr3 S.F. ~ X = S.F. E. Patio/Deck X ~ = /23 S.F. X = S.F. 'C' T .,,..,Ac:~ . . -----...... X S.F. Underlain X = 3.F .. By Plastic X = S.F. G. 0th.er .., = S.?'. .... TOT.A..!. E..i..~CCYER IN Z01'l"E :J..'f/6 / ! S~t:". A ;2q s { TOTAL PROPER.TY;. .. ~ IN ZO'N'E "71pfj ~':' B -··. ., + B X 100 = -~ % ,-. s~ . .-c1 o/o 11 co I co ...- {;~J IGBJDwl KITCHEN ''-j,A( 18' €4" ,'-. \ih ""· 10'-11" GREAT ROOM -..- I in ...- N I ~ BEDROOM 13'-6"x 12'-5" ..,__ ___ 14'-8" ----"I 0 ..­ I in ...- 0 !EE7 I "'-;-j....-, N ,, ,, L;__ - ,, ,, -_-.J, ~ I O> r----1 I I I I GARAGE 30'-7"x 24'-4" r-------7 I I I I 4'-10" 4'-11" 7'-0"-.:.k-6'-10" 31'-11 11 ------7 23'-7" k----- 1,,-------------------55'-5" ------------------- MAIN FLOOR PLAN 2065 sq ft -...-...- I N N "-I" t7 11 II MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3051 Kevin and Julie Fitzp trick, Continued) ch indicated people are allowe a stairway to the lake. ted he also is persuaded some at by the fact that this neigho rger lots, which is changing t character of the area. Fritzler stated j because someone buys a lot o a lake, they should not be exp for a period of tim until additional property can 13 acquired in order to create a la tated he would pre to see the residence a little bi aller and a little bit lower jus o reduce the a earance that it is a ·~structure on a small lot, but the generally does not have m ~h dis eement with the p osal. Kemp tated if a purchaser 1 me to live in on these small lots, · is type of lot from t market. Kempf stated he is i avor of the proposal. empf seconded, to rec mend approval of a lot are ariance, lot width variance, and north ands th side yard setback v ·ances to permit constructio fa residence located at 356 West Lake St et. VOTE: Ayes 5, Na 1, Jurgens Opposed. Jurgens stated he is opposed to the approval because he does not see a hardship for the variances. 8. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCE Eric Vogstrom, Applicant, was present. Curtis stated the applicant is requesting a number of variances in order to construct a new single-family residence on the property. The variances being requested are a hardcover variance for 57.9 percent hardcover within the 75'-250' setback zone where 25 percent is normally allowed; a variance for a side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is normally required; and an average lakeshore setback variance to encroach 10' nearer to the lake than the property to the south. Curtis stated the current home on the property is set back approximately 86 feet from the ordinary high water level, with the applicant's proposal showing a 75-foot setback. Curtis indicated the view of the lake from the property to the south should not be impacted by the applicant's proposal. Curtis stated bordering the applicant's property to the north is an undeveloped public right-of-way. The applicant's property is approximately 80 feet in width. Allowing for a 10-foot setback on the south and a 15-foot side street setback on the north leaves a 55-foot wide buildable area. It is Staffs opinion a reasonable home can be constructed within this area. The applicant is proposing 57.9 percent hardcover for this lot, with a 3,002 square foot footprint to essentially max out the 15 percent structural coverage amount based on the total dry land area. The total property area is 20,561 square feet; however, this includes approximately 4,000 square feet separated PAGE20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) from the building site by an inlet of Carman Bay. The contiguous land area is approximately 16,400 square feet. The applicant is basing the structural coverage amount on the total noncontiguous parcel above the 929.4' elevation. Neither the lot coverage ordinance nor the Zoning Code definition of "lot area" clarify whether the lot coverage percentage should be based on contiguous area. The definition of minimum lot area found in the Subdivision Code would disallow noncontiguous land to be credited toward lot area. Curtis stated the applicant is proposing a 3,002 square foot footprint, 1,225 square feet of driveway, and 215 square feet of sidewalk to make up the 57.9 percent hardcover. There are no patios proposed and only one 18' by 11' deck on the lakeside of the home. Curtis noted the driveway as proposed would need to be reduced at the curb and would need to be substantially reduced overall to bring the hardcover down to a reasonable level. Staff finds that there is no hardship inherent to the land that would justify the side street setback variance or the hardcover variance as proposed. Staff believes that the 55-foot wide building envelope is very reasonable and that a setback variance to the side street is not justified. If the Planning Commission concludes that the applicant should get credit toward the structural coverage for the dry land on the noncontiguous portion of the property, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Staff recommends approval of the average lakeshore setback variance and recommends denial of the side street setback variance and denial of the hardcover variance. Staff also recommends removal of the existing gravel driveway within the city right-of-way and restoration of the area back to vegetation as part of the redevelopment of this lot. Curtis noted the grading and drainage plans have been revised since the issuance of the letter by the City Engineer, and that the applicant has addressed the grading and drainage concerns that have been raised. Vogstrom noted the road is unimproved to the north and requested the Planning Commission allow the encroachment in the right-of-way. Vogstrom stated the existing structure encroaches into the right-of-way by 14 feet. Vogstrom explained the existing hardcover calculation does not include anything for a pad and driveway, which exists on the north side. Vogstrom indicated at the present time there is no way to access the garage without going over the right-of-way. Vogstrom noted the current structure is located 21.8 feet away from the street and is nonconforming. Vogstrom indicated he would be willing to restore the right-of-way at his expense if the city is willing to work with him on the hardcover. V ogstrom stated in his opinion he has a hardship due to the amount of water on his property and the fact that his land is not contiguous. Vogstrom stated in his opinion the proposed residence conforms more with the rest of the neighborhood than what currently exists. Vogstrom noted the property at 2601 Lafayette Road was granted hardcover in excess of 25 percent. Vogstrom stated the current structure is 1184 square feet and is figured at 26.4 percent hardcover. PAGE21 MINUTES OF THE ORONO PLANNING COlVIMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Barbara Essen, 2648 Casco Point Road, stated they have spoken with the applicant regarding the issue of drainage and that the applicant has indicated he is more than willing to ensure that drainage from this lot will not affect their lot. Jeff Essen stated the first plan did not show a swale, with the recent plan showing a swale. Essen stated the applicant has also indicated he would be installing gutters and downspouts, which would also help to alleviate their concerns regarding runoff. Barbara Essen stated they are not opposed to the larger driveway since parking along Casco Point Road is a problem at times. Essen indicated the applicant has also expressed a willingness to preserve the nicer trees on this lot, noting that a number oflarger trees were lost as a result of a storm in 1997. Vogstrom stated the preservation of the trees is also one reason why he would like to have approval of the 10-foot encroachment into the right-of-way. Vogstrom stated the majority of the trees are located on the south side of the lot. Alan Greene, 2645 Casco Point Road, stated he is located across the street from this lot, and that in his opinion the proposed hardcover for this lot is excessive. Greene stated his residence is approximately 1200 square feet on a lot that is approximately the same size and that the lot in question is being overbuilt. Vogstrom stated Greene's footprint is 1374 square feet and his garage is 695, for a total footprint of over 2,000 square feet. Fritzler stated he does not see the need for the 57.9 percent where 25 percent is allowed and 26.4 percent currently exists. Fritzler stated he does not see the hardship for the increase in the hardcover. Fritzler stated he is also opposed to the 10-foot setback. Bremer inquired what number Fritzler would like to see for this lot given its restrictions. Fritzler stated he would be willing to approve 27 percent hardcover for this lot, but that he does not see any justification for the additional hardcover or encroachment. Kempf stated he is in agreement with Fritzler and that the plan appears to have been laid out without any consideration for the hardcover restrictions. Kempf inquired whether the applicant would be adding a deck or patio in the future. Vogstrom stated a deck is included in his current plans and that he does not intend to add a patio in the future. Bremer indicated she feels the 27 percent is low given the restrictions of this lot. Rahn commented he also feels this is a hardship lot but that it does not justify the 57 .9 percent hardcover being proposed. Rahn stated in his view more effort needs to be made to reduce the hardcover and that the structure could also be reduced to eliminate the need for the side street setback variance. PAGE22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Leslie stated the encroachment would be reduced if the size of the structure is reduced. Vogstrom inquired whether he would be better off remodeling the existing structure. Rahn stated that decision would be up to the applicant, but that the Planning Commission appears to be opposed to the proposed amount of hardcover. Leslie pointed out that a remodel is considered to be less than 50 percent of value. Rahn inquired whether the driveway could be reduced. Vogstrom noted there is no driveway figured into the existing hardcover calculation, and if a driveway was added into the hardcover, that would increase it to 34 or 35 percent. Curtis stated the property currently is accessed from the right-of-way. Paul Kaster, 2600 Casco Point Road, indicates he owns the property on the other side of the fire lane. Kaster stated the fire lane has been filled in over many years and that encroachment on the fire lane in his opinion should be granted because it would alleviate some of the construction problems the applicant is facing on this lot. Kaster stated the fire lane currently is not very passable given the vegetation and that allowing the fire lane to be used would have very little impact on the neighborhood. Vogstrom stated the house would also be angled and would only encroach in a couple of spots. Leslie stated in his view the hardcover could be reduced, which may in tum resolve the side street setback. Leslie inquired whether the Planning Commission could off er some suggestions on what they would like to see the hardcover reduced to. Fritzler siated he believes the hardcover could be reduced to 27 percent. Leslie stated in his opinion some of the hardcover for the fire lane should be applied to this property. Jurgens stated the fire lane is a public right-of-way and that the applicant has a right to use that fire lane. Jurgens suggested the applicant consider a side-loading garage if the City allows the fire lane to be used. Gaffron stated as far as the driveway is concerned, Staff has not looked at sight lines and other issues relating to safety, which need to be considered. Gaffron noted there is a slight curve on Casco Point Road that may dictate where the driveway is located. Rahn stated it appears the Planning Commission would like to see the proposed hardcover reduced and that the Planning Commission at this time is not prepared to set a definite percentage. Rahn suggested the applicant consider tabling his application to allow him time to redesign his plans. Rahn stated another option would be for the applicant to decide whether he would like to remodel the existing structure. PAGE23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Vogstrom inquired whether the Planning Commission would allow the 10-foot side street setback given the fact that the fire lane is heavily wooded and not used. Jurgens requested the property markers near the street be delineated. Leslie stated the applicant will need to make the decision on how to reduce the hardcover, and that the encroachment may be reduced once the hardcover is reduced. Leslie indicated it is impossible to say definitely whether the encroachment would be allowed given the fact that the plans need to be revised. Rahn stated the Planning Commission needs to look at the plans overall, and recommended the applicant continue working with staff to reduce the amount of proposed hardcover. Leslie indicated it appears likely that there may be some variance granted for hardcover given the restrictions of the lot, but that the applicant needs to take steps to reduce the hardcover down to something that is more reasonable for the lot. Kempf stated he generally is in favor of setback variances that have no negative impact on the neighbors. Rahn reiterated the Planning Commission needs to look at the plans as a whole, and inquired whether the applicant would like to table his application. Vogstrom requested his application be tabled. Rahn moved, Leslie seconded, to table Application #04-3052, Eric Vogstrom, 2618 Casco Point Road, to allow the applicant time to revise his plans. VOTE: Ayes 6, Nays 0. PLANNINGC RE RT OF PLANNING 0MMISSI0N REPRES MEETINGS AUGU 23 AND SEPTEMBER Leslie· dicated he attended th ½.ugust 23 rd Council meeti where a member o he public had inqu' d about the steps bein taken to address the coyot roblem. The resid t had indicated that an in asing number of dom ic animals have been disa earing. Leslie note this matter has been r erred to the police deP, ent. ed the Planning Co ission for their efforts at addressing the issu coming before the City. slie noted the Counc · does limit public commen o five minutes at th r meetings, which may hel people in attendance t Planning Commission tings streamline their omments. PAGE24 VOTE: Aye MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. 3. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES, 6:17 p.m. -6:36 p.m. DAFT Eric Vogstrom, Applicant, was present. Curtis noted this application was before the Planning Commission at its September meeting and was tabled to allow the applicant time to redesign his plan in an effort to reduce hardcover on the lot. Since that time the applicant has submitted another plan and is now requesting a hardcover variance for 38.9 percent hardcover within the 75-250' setback zone, a variance for side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is normally required, and an average lakeshore setback variance to encroach 5 five nearer to the lake than the property to the south. Curtis stated since the time of the last meeting the applicant has also removed a number of trees from the property without city permit. Curtis noted the adjacent neighbor has submitted a letter regarding his concerns with this proposal. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. Staff recommends approval of the average lakeshore setback variance and denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. In addition, Staff is recommending approval of any variances be made contingent upon approval of a restoration plan to remedy the vegetation removal on the property. Rahn asked for public comment concerning this application. Jeff Essen, 2648 Casco Point Road, indicated he had met with the applicant prior to last month's Planning Commission and discussed his original plan and the concerns he had regarding drainage, trimming of trees, protection of established trees, and off street parking. Essen stated Vogstrom indicated at that time that he was agreeable to installing gutters and downspouts, drain tile, and construct a swale between the two properties. Essen stated he agreed to work with Vogstrom on trimming his trees in an effort to improve Vogstrom's view of the lake. Essen stated last week Vogstrom had a tree service come in who illegally took down two mature trees on his property as well as other trees and vegetation on his own property. Essen indicated based on those actions, he no longer is in support of this proposal until such time as a restoration plan is approved and the damage has been adequately addressed. Paul Kaster, 2600 Casco Point Road, stated he is the neighbor to the north and at the last meeting was in favor of the variance to encroach on the fire lane. Kaster indicated since the applicant has now clear cut his lot, he would like to withdraw his support of the variance. Kaster stated he now has concerns regarding erosion since the vegetation has been totally removed. Vogstrom stated he is in agreement with his two neighbors regarding their concerns and that the tree company was hired to remove a couple of trees that were dead. Vogstrom apologized to the City and his neighbors regarding the removal of the vegetation, noting that he was not aware the tree company was going to remove as much vegetation as they did. Vogstrom indicated he did ask the tree removal company to contact Staff regarding this incident, but that he accepts full responsibility for the mistake. PAGE6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. Rahn noted the applicant has made some hardcover reductions but that the proposed residence is still 10 feet from the right-of-way where 15 feet is required. Vogstrom stated on one side he is 13.5 feet and that the residence can be slid over somewhat to the south. Vogstrom indicated at the time the plan was drawn up he was trying to protect some trees in that area and that it was his belief the trees enhanced the lot. Jurgens noted the Planning Commission should act on this matter tonight given the 60-day time limit. Jurgens stated in his opinion the hardcover still needs to be reduced further, noting that there are drainage issues that also have to be dealt with on this lot. Vogstrom noted the City Engineer had signed off on the drainage issues under his original proposal at the 58 percent hardcover. Vogstrom stated Staff infom1ed him that the City Engineer did not have any issues with the drainage. Vogstrom indicated the property at 2800 Peasant Road was approved in mid August 2002, which is a lot that had a very similar situation where two-thirds of that lot was in the 0-75 '. Vogstrom noted two-thirds of this lot is also in the 0-7 5'. Vogstrom stated the Planning Commission at that time found that while the 25 percent standard is feasible, such a limitation would result in construction of a residence that would not be in keeping with the character of the neighborhood and surrounding homes. Vogstrom noted a hardcover variance was allowed in that instance at 39.2 percent hardcover. Vogstrom indicated the proposed footprint of his house is approximately 1100 square feet, with a three-car garage, which is not out of character for this neighborhood and does not constitute a large house. Leslie inquired how many of the neighbors have three car garages versus two car garages. Vogstrom stated it is approximately half and half, with the newer homes having the three car garages. Vogstrom indicated he was attempting to address the off-street parking by constructing a three car PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. garage. Vogstrom noted the current residence is also located on the property line, which makes it nonconforming, and the amount of hardcover on the lot is also being reduced with his proposal from what currently exists. Winkey inquired what impact a reduction to 25 percent hardcover would have on the design of the house. Vogstrom stated he is better off going with the 1500 square foot footprint plus a small amount for a driveway and a sidewalk, which would bring the hardcover to around 30 percent. Fritzler commented that in his view the size of the lot should give the applicant an adequate building pad and that he would be opposed to granting any variances. Fritzler stated he would like to see the hardcover reduced to 25 percent. Jurgens stated based on the time limits, he would like to make a motion denying the application. Jurgens moved, Leslie seconded, to recommend denial of Application #04-3052, Eric Vogstrom, 2618 Casco Point Road. Rahn noted the applicant does have the ability to sign an agreement extending the 60 days. Bremer stated she does not feel the Planning Commission should make a motion based solely on the fact that the 60-day time limit is about to expire. Jurgens stated in his view the hardcover should be reduced to 25 percent and that there is no need to grant any variances based on the size of the building pad. VOTE: Ayes 5, Nays 2, Rahn and Bremer opposed. Rahn stated he believes the applicant should be given the opportunity to revise his plans again but that he is in agreement that the hardcover be reduced. Vogstrom inquired whether he could utilize an end-loading garage. Jurgens stated the applicant does have that option but that a new application would need to be submitted. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. Rahn stated he would not be in favor of any encroachment into the right-of-way. Rahn commented the Planning Commission does not have the time to discuss the applicant's various options concerning design of the garage and residence but that the applicant needs to make those design decisions. Rahn noted the Planning Commission has denied the application and that this matter would go before the Council. Bremer inquired whether denial of the average lakeshore setback variance was also included in the motion. Jurgens indicated the motion was to deny the entire application. Bremer stated she would have been in favor of granting the average lakeshore setback variance but that the hardcover needs to be reduced on this lot. Bremer indicated she would be willing to consider hardcover in the higher 20's since there is a lot oflakeshore on this property and that there are some circumstances where that could be considered a hardship. Bremer noted she is not in favor of the side yard setback variance. Vogstrom noted the existing 27 percent hardcover on this lot does not include a driveway. Rahn noted this application would move forward to the Council, and suggested the applicant consider revising his plans in an effort to further reduce the hardcover prior to the City Council meeting. HALF OF ROGER & i\ROL ROVICK, PAGE9 10/18/2004 Ms. Melanie Curtis City Planner City of Orono 2750 Kelly Parkway Orono,MN. 55356 Re: Request for Variance at 2618 Casco Point Road Dear Ms Curtis, After speaking with you and the City Administrator today I feel it necessary to prepare this letter and have it included in the public record of the Planning Commission meeting of 10/18/2004. The owner of2618 Casco Point Road, Mr. Eric Vogstrom has applied for a hard cover and side yard set back variance. I have expressed the following concerns to him and you. ► Drainage between his proposed home and my home. ► Trimming of trees to enhance his view. ► Protection of established trees. ► Off street parking. Mr. Vogstrom and I discussed these issues and he agreed to install gutter, downspouts buried drain tile and a swale between the properties to control drainage. He also agreed to work with me on tree trimming to enhance his view, and to protect existing trees. Last week Mr. Vogstrom hired a tree service, which in addition to illegally cutting trees on his own property and neighboring public property, came onto my property and cut down mature trees that impacted his view without a permit or my permission. These trees were cut down even after I pointed out to Mr. Vogstrom and his tree service exactly where the property line was located (survey stakes were clearly visible). As a result of his actions I do not believe he will voluntarily honor any of his previous commitments regarding drainage or tree preservation and I am strongly against granting the requested variances. Additionally I request the City Engineer make note of these concerns during his review of the Vogstrom site plan and drainage plan as part of the construction drawing review process to protect neighboring property owners. SincJreltf;y-: ~z--; L.--., . / ~/✓~­ Jeff ss 2648 Casco Point Road Orono MN 55391 i CITY of ORONO October 25, 2004 Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: 60-Day Review Period Extension Application # 04-3052 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on August 18 and was considered to be complete on September 13, and the 60-day review period would end on November 13, 2004. However, due to tabling the earliest potential date of final Council action for your application falls near the 60-day period expiration. Therefore, the 60-day review period is hereby exte1tded an additional 60 days to Ja1tuary 13, 2005. Please contact me with any questions regarding this matter. Sincerely, City of Orono Melanie Curtis City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO November 3, 2004 Elie J. & E. A. Vogstrom 20840 Channel Drive Greenwood, MN 55331 RE: Restoration Plan 2618 Casco Point Road PIN 20-117-23-24-0038 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On October 14, 2004, you were issued notice that illegal vegetation removals were conducted at the above property within 75' of Lake Minnetonka and the adjacent wetland without City pe1mits. Vegetation removal and tree cutting within 75' of the OHWL of Lake Minnetonka and within a wetland requires an inspection by City Staff and a tree removal pem1it issued by the City Inspector. Hawkins Tree & Landscape (your contractor) removed trees and brush from your property within the 75' setback, on the neighboring property to the south within the 75' setback and on City property. The City provided a deadline of October 21 st for submittal of a restoration plan; to date we have only received a partially complete survey. City staff has preliminarily reviewed this most recent survey detailing most, but not all, of the tree and vegetation removal conducted by your contractor. As of today, the following previously requested items have not been satisfactorily completed: 1. Your immediate placement of erosion control and soil stabilization methods; and 2. Submittal of a survey from your surveyor showing the location, diameter, and species if discemable for all vegetation and all trees regardless of size cut by your contractor on your property and adjacent property; and In addition, a restoration plan completed by a MN State licensed Landscape Architect must be submitted for review and approval by City Staff and City Council. This restoration plan must indicate the re-establishment of the canopy and ground cover in order to restore the property to its pre-existing condition. Further, the landscape plan should provide the following: Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us a. Tree for tree replacement of all trees and understory vegetation within 75' of Lake Minnetonka; and b. Tree for tree replacement of all trees and understory vegetation removed from the City right-of-way and the neighboring property within 75' of Lake Mitmetonka; and c. Replacement tree diameter may be detennined by the Landscape Architect and approved by City Staff; however deciduous trees shall meet a minimum of 3" diameter and coniferous trees must be at least 6' in height. d. The replacement tree species shall generally match those removed; and e. Replacement tree locations should generally match locations of those removed; and f. A covenant shall be filed requiring replacement of dead or dying trees and allowing for City monitoring until the trees have reached 6" in diameter. The updated survey, landscape restoration plan and restoration schedule must be received and approved by City Staff and City Council before any final City Council action will be taken on your application 04-3052. City Staff will be inspecting your property on a regular basis to ensure that the erosion control methods are installed and remain in place until the restoration is complete. Your cooperation in this matter is appreciated. Please contact me at 952.249.4627 if you have any questions. Sincerely, Melanie Curtis City Planner IT Dz._ CITY of ORONO Street Address: October 14, 2004 Eric J. & E. A. Vogstrorn 20840 Channel Drive Greenwood, MN 55331 RE: Illegal Vegetation Removal 2618 Casco Point Road PIN 20-117-23-24-0038 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On October 12, 2004, a "stop work" order was posted at the above property as vegetation removal was conducted within 75' of Lake Mim1etonka and the adjacent wetland without City permits. Vegetation removal and tree cutting within 75' of the OHWL of Lake Minnetonka and within a wetland requires an inspection by City Staff and a tree removal permit issued by the City Inspector. The soil disturbance caused by the tree removal activity may also require review and approval from the Minnehaha Creek Watershed District (MCWD). Removal of individual trees of 6" diameter and intensive vegetation clearing within 7 5' of a lake or on a slope greater than 30% is strictly prohibited without prior City approval. Orono City Code 78-1285 states: (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6 inches or more ( or 19 inches in circumference or greate1) measured 3 feet above the ground may be removed without first obtaining a permit from the City provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Vogstrom 2618 Casco Point Rd 14 October 2004 Page 2 The vegetation removal on the above referenced property ( and apparently on your neighbor's property at 2648 Casco Point Road, and potentially on City right-of-way) is in violation of the above referenced codes. Violation of City Code is a misdemeanor and this matter has been forwarded to the City's Prosecuting Attorney for issuance of a Fom1al Complaint. Resolution of this matter will begin with the following: 1. Your immediate placement of erosion control and soil stabilization methods; and 2. Submittal of a survey from your surveyor showing the location, diameter, and species if discemable for all trees regardless of size cut by your contractor on your property and adjacent property; and . 3. Submittal of a restoration plan from a landscape professional which must be approved by City Staff and City Council. This restoration plan must indicate the re-establishment of the canopy and ground cover in order to restore the property to its pre-existing condition. The updated survey, landscape restoration plan and restoration schedule must be received no later than 4:30 pm on October 21, 2004 in order to avoid legal action and to ensure that it may be reviewed and approved by the City Council in a timely manner. City Staff will be inspecting your property on a regular basis to ensure that the erosion control methods are installed and remain in place until the restoration is complete. Your cooperation in this matter is appreciated. Please contact me at 952.249 .4627 if you have any questions. Sincerely, Melanie Curtis City Planner c: Thomas J. Barrett, City Attorney Sgt. Kurt Erickson, Orono Police Department Jesse Carlson, District Compliance Officer, Mim1ehaha Creek Watershed District Mike Hawkins, Hawkins Tree & Landscape, 1776 Canterbury Rd, Shakopee, MN I ) LEONARD , STREET AND D EINARD r •. ,. j • • ~ October 22, 2004 Ronald Moorse City Administrator City of Orono P. 0. Box 66 Orono, MN 55323-0066 PROFESSIONAL ASSOC I ATION ocr 2 s 2u04 c11, ~-w ·· ; .uJ'~w TIMOTHY J. KEANE 612-335-7192 tim.keane@leonard.com Via Fax (952-249-4616) and U.S. Mail Re: Eric Vogstrom Variance Applications -2618 Casco Point Road Dear Mr. Moorse: The purpose of this letter is to respectfully request that City Council agenda item 8 referenced as #04-3052 regarding the Eric Vogstrom application for variances at 2618 Casco Point Road be continued to the City Council meeting of November 8, 2004. Should you have any questions, please contact me at 612-335-7192. TJK:vn cc: Eric Vogstrom Sincerely, LEONARD, STREET AND DEINARD Professional Association .\\~---~ Timothy J. Keane 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612-335-1500 FAX 612-335-1657 LAW OFFICES IN MINNEAPOLIS , SAINT PAUL , MANKATO, SAINT CLOUD AND WASHINGTON , D .C . WWW .LEONARD.COM ! ! I r----C~ Suk ~11 1.s•li1m Tree slumps local/on shown ,, as per clicn I \~"~""-__ _ ......................... ~ ....... . -,.s,. Bucklhom---- Tree slump /ocallon shown [_ as per c/i•nl no/ field YrJr!fied C>c,rjd I\ ,,, r---------(J,'2;),a:.,--p ,------r1D~ c0) i=:,--rr.:::, _(~~ 79.Ji,, ::3" l'1 lni r"-''' ,,..)d'l ,U111111t..JI \..IV'=., ,,- r---------$Y ------............. __ ------------,,,,-······-"". \ . / ,/ ,/' ,/ / 12' fee /~/1 I I ~2·/oaf. !r;_v I l / ' ' ' 1 ~ : + I-,: ., ,:1 r / ~,>oa} / : 7S ' : I ,.I i 2' Ash Tree slump (} loco/ion shown J as per c/ien I no/. field ven'fied 2• £Im 1. All information on this drawing provided to Markell-Laberee by Vogue Design. 2 .. 26 Trees were removed within the 75' lakeshore setback and Road Right-of-Way, counting each stem of clumps as individuals. 3. I Trees were removed within the city right-of-way. 4 . .§ Trees were removed on neighboring property. 5. The total number of trees to be replaced is 38. +• Spruce I Tree slump /acalton shown I as per cl/en I nol field v•rlfied·-, ((\ J I • fet;r:ip:<[ local/an shown 1 9 as per cl/en I no/ /iald ..,.rifiod ruce Stump ~ l r Tree slump location shown as per c/len t 1 ~..,,_ __ ., no/ field V<lrt'fied 6. City requires a minimum 3" restoration tree per tree removed. Contractor can opt to upsize trees over sp!:)cified size. / qs<!CHMARK . ,•TOP OF IRON = !N4. 10 ••••. ----/ 1t11. T'ia I:{ ~.< ,,/ s,/ 89'231 100" E ,i~ , /••••••• ____ , .. --··········· I l ' ' ' ' ' ' / / /] X\ / .. --·······-·_; /; __ , ..... ,.... I ./ ~ // / / ,,/ '/ ,,,' .,..," ,./ L: : I I / / / / ,/ /' , ' ,,/L. ,,.r ,' / / ;;) i::,MS 10' I/ / 11 , ,,/ // _,!_.,,.···,,, ,,..,,.. L,,.../ .,Ir r--~ -/--I - / ...... ·· /// ,,,/ / // .... / ' MNL MIX (Fl) -Mid-Height Xeric Wlidfiow~n , Fragrant giant hyssop (Agastache foeniculumn) ......................................... 2.0% Prairie Onion (A/llllm stallatum) ...... : ............................ : ............................. 1.0% Suggeated Native Gra81 & Wildflower Mixes For Waler Logged Heavy SoU Sites Leadplant (Amorplia canescens) ................................................... , ............. 5.0% Butterfly.milkweed (;lrciepias tuherosa) ................................................... 6.0¾ Smooth blue aster (Aster !aevis) ................................................................ , 2.0% MNL MIX (GS)-Sedge Mndow Grass Mix (,4 to 6/eet) Big bluestcm.(Andropogon gerard() .. : ........................................................ 2.5% Americ8ll slough grass (Beckmann/a syri.gat,hne) ..................................... 25 .0% Canada blucjoint(Calamagrostis canadensis) .................................... : ...... 10.5% Fringed sedge (Cart,: crinata) .................................................................... 1.0% Porcupine sedge (Carex hystericirra) ................... : ...................................... 1.5% Lance-fiuited oval sedge (Carex scopar/a) ......................... : ....... : .............. J .0% Fox sedge (Carex vulplnoidea) ............................... : ................................... 2.0% Virginia wild rye (Elymus vlrglnicus) ......................................... , ............... 15.0o/, Rattlesnake grass (Glycer/a canadens/s) .................................................... 4.0¾ Giant m8lloa grass (Glyceria grandls) ....................................................... .4.5% Common rush (Juncus ejfusus) ....................................... : ........................... 1.0% Switch grass (Panicun, 'Virga/um) ............................................... : ............... 5.0% Green bulrush.(Scirpus atrovirens) ............................................................. 2.0% Woolgrass (Scirpus cyperinus) ................................................................... 3.5% River buirusb.(Scirpusjluviatl/is) ... : ............................................. .' ............. 2.0% Great bulrush (Scirpus validus) ......................... :: ........................................ 2.0"/2 fndian grass (Sorphas/nJm, nutans) ....................................................... , ..... 2.5% Giant bur-reed (Sparganlum eurycarpum) .................................................. 5.0"/2 Prairie cord grass (Spartina pectinata) .................... , .................................. 10.0% Azure aster (Aster oalentangiensis) .... , ...................................................... , 2.0% Partridge pea (Cassiafasiculata) ................ , ............................................... 2.0% Stiffticksoed (Coreopsls pafmata) ............................. , ............................... 2.0% • Pale purple coneflowci' (Echinacea pa/Iida) ............................................ 5.0% Creamy gentian (Gentianaj/avicla) ............................................................. 1.0% Common ox-eye (Heliopsis 1,e/ianthoides) ................................................. 5.0% Round headed bush clover (Lespedeza capltata) ....................... : ................ 3.0%· · Rough blazing star (Liatris aspera) ........... ,. ............................................... 6.0'.1/o Dotted-blazing stiu; (Lia1:ris punctata) ......................................................... LO¾ Wild lupine (Lup~,s perennis) .................................... , ........... : ........ : ........ 4.0% Wild bergamot (MiJnardafJStulosa) .................................. ~ .... :: ................. 2.0¾ Showy j>enstemoo. (Prnstemon granclijlorus) ..................................... : ....... 3.0% White prairie claver (Petaloslemum canclidum) ......................................... 12.0% Purple prairie clover (Petalostemum purpurrum) ....................................... 11.0¾ Yellow coneflower (Ratibicla pinna/a) ....................................................... 3 .0% Black-eyed Susan (Rudbeckia hirta) ............. : ............................................. 10.0% Stiff goldenrod (Solitiago rigicla) ... : ............................................................ 2.0% Showy goldenrod (Soliclago speciosa) ........................................................ 2.0% Prairie spidenvort (Tradescantia bracteata) ............................................... 2.0¾ Hoary vervain ( Verbena stricta) ................................................................. 5.0% ·Heart-leaf golden alexanders (Zizla aplera) ............................................... 1.0% __J Suggested rate/acre •-·--·-·-··------·-·-·-.. ----.. 6 lbs. PLS Saggesbed rate/1,000 11quare feet..___,,. ------3 01:. PLS Suggestc<l rnte/ocre _ ..... -................. -..... : ..... -............. __ ............ -.. 4 lbs. bulk Suggested rate/1,000 ,quare fcet ... -..... -.. ------·--·•2 oz. bulk \ ,,. C J 't 7. Recommend planting trees outside of wetland delineation to higher elevations near removed tree location. Higher elevations will insure tree viability from standing in water. Do not plant within root zone of a removed tree to prevent bacteria from· decaying wood to effect restoration trees. ' ,,. 8. Rec9mmend removal of Buckthorn (noxious weed) to allow desirable restoration trees to flourish. \ ,,. '----C;;)e:1,S B' ~---+-BHS 10' 1-------+-C,;)v(Hs 9. DuriQg a walk-thru of the site, I observed numerous stumps with beaver damage, internal dry rot, and elms trees still standing L with signs of Dutch Elm Disease. .J_ ____ _J MNL MIX@· Sedge Mellllow Wildflower l\fu: Mud plantain '(Alisma subcordatom) ........................................................... 3.4% Indigo bush (Amorphafru///cosa.) .................. : ............................................ 1.2¾ Swamp milkweed (Asc/epias mcamaJa) .................................................... 4.2% New England aster (Aster novae ang/iae) ................................................... 1.2% Flat-topped aster (Aster umbellatus) ........................................................... 0.4% Water hemlock (Cicuta macula1a) .............................................................. 1.3% White prairie clover (Dalea candidum) ....... : .............................................. S.O¾ Purplo prairie clover (Dal ea purpureum) ...................... ; ............................. 5.8% Sbowy tick trefoil (Desmodium canadense) ............................................... 5 .3 ¾ fulttlesnake master (Erlnglum yuccljo/ia) ................................................... 0.2% Joe-pye weed (Eupatorium maculatum) ..................................................... 5.3% Bonesct (Eupalorium perfoliah1m) ............................................................. 2.9% Sricczewccd (Helen/um autumnale) .......... : ................................................. 5.3% MaximiUian sunflowc,:(He/ianlhw maximillian1). ..................................... l.3% False sunflower (Heliopsls helianthoides) .................................................. 2.9% Great St John's wort (H;pericum pyram/daturn) .................... , ................... 0.8% Blue flag iri9 (Iris versicolor) ........................................................ , ............ 1.8% Tall blazing star (liatris pycnostachya) ...................................................... 3.5% Great blue lobelia (Lobelia siphi/itica) ....................................................... 0.5% Monkey flower (Mimulus ringens) ............................................................. 0.1 % Wild bergamoot (Mollll7dafatulosa) .. : ...................................................... 0.8% Marsh bet.any (Ptdicularis canad~nsis) ....................... , .............................. 0.2% Prairie cinqucfoil (Potentilla arguta) ....... : .................................................. 0.2% Mountain mipt (Pycnanthemum Yirginianum) ............................................ 0.3% Yellow coneflower (Ratibida pinna ta) ....................................................... 7.2% Black-eyed sµsan (Rudbecfda hirta) ........................................................... 5.5% Green-headed coneflower (Rudbec!da faciniatum} ..................................... 0.8% Giant Goldenrod (So/idago gigantea) ......................................................... 0.5%. Riddel!'s Goldenrod (Solldago riclelli,) ........... ; ......................................... 1.0% Stiff Goldenrod (Solidago rigida) ............................................................... 3.6% Tall meadow rue (Thalictrum dasycarpum) ................................................ 10.0% Blue vcrvam (Verbena ha.stata) ............. , .................................................... I 2.6% Ironwccd (Vernoniafasciculata) ................................................................ 2.0% Culvers root (Veronicastrum virginicum) ................................................... 1.3¾ Golden Alexanders (Zizia aurea) ................................................................ 1.9% Suggested rate/o.cre ............................................... _ ... _ ................ _ ... _,\ lbs. b!i!I< Suggested nate/1,000 sqwu·c fceL. ... -............. --..... -.. -· ......... -2 oz. balk ~ -0 M10 .. H~'/i,r:te.. F\.N-t11l-12r~i;;r;, J..ls-r J1r,<:~-erz.<t"fZ S"'gl?e&ted Nnt:lv" G=a & Wllclf'i<1wcr M!w.i !/or · )2_ry_~c) Sitea, Where V~rtical Tcxa,,.., la l>e<ired ~ MDC (GZ) • Mid-Height ;x'.eric Prairie G""'"1Cll (3 to 5 feet) ~·1 bluestem (A.ntlropogon gerard,) ........................................................... 3.0% ;;; e oats grarna (Boute/oua cwtipendula) .................................................. 33 .0% Pr~i;/r:,:}t(B~;~a;:;; f,F:,,'.fis) .. , ....... : ...................................................... 10.?% Canada wild e El mus cm.':Wensis .......................................................... 4.0;• Little bluestcZ cic?tracltyrium sea ;;~;;; ................................................. 7.01/: Indian grass (Sor has/rum mdans 'P ) ................................................ 39 .?1/• Prairie dropscro f,1; rol,o/w; l,ete~ole · ,,. .................................................... 3·0;1' · s po p ) .................................................. 1.01/o agge,,tcd r»!e/acre ···--------------·-7 lbs. PL1i Suggested ratc/1,000squarefed ...... _ .. --------.. --3oz. PLS iOuanity Code Common Name Botanical Name Size 3" BE g . I NRM ;rv:aple. Nor1_1:::::'.o'.:'.od::'..'..:R:.'.::e'.:'.d ________ 7 ':_,:A.:.ce~r.:.ru.:.b~ru.:.m.:....'N-:-or1..:h..:w..:o.:.o.:..d_. _______ ""t_:;;;-;a,c SUM :Maple, Sugar ,Acer saccharum 3" BE ABM [Maple. Autumn Blaze IAcer x freeman;.' •Je,'fersred• 3" BE RCB Birch. River Clump ;Be/u/a nigra 10• Bl I 4 SUA 1Ash. Summit 17 Fraxinus pennsylvanica ·summit· 3" BE I I SWO ;Oak. Swamp While iOuercus bicolor 3" BE I 1 j BHS iSpruce, Black Hills P,cea g/auca densata '-~ _ B__J BHS !spruce. Black Hills IPicea glauca den.•;a/a _ --·-7-1~ .. ~E F3 I BHS ,Spruce, Black HillsPicea glauca densala_··---·--·-____ _ 47. , RTD Dogwood_._R_e_d_T_· ... -.,g-c-e-,d--------c:C:c----,-,.~,Ba·1e · -----#·Teo v .., 1 ornus sencea __!_. Y.' __ -------·---·-r 17 WHS 'Snowberry, While ,Symphoricarpos a/bus _____ _ ~Viburnum tn'/ob,m1 ·Hahs' HAV !Viburnum, Ha_h_~-- 040838 20/117/23 VOGUE HOMES ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. IOI Minnetonka. MN 55345 Phone(952)474 7964 Fax (952)474 X267 SURVEY FOR: VOGUE HOMES SURVEYED: July. 2004 DRAFTED: July 23. 2004 REVISED: August I 6. 2004 to show client's proposal to remove existing improvcmi:nts and build a new home and driveway with associated grading, for the client's rl.":vicw and for thi.; ri.:vicw ol" governmental agencies. REVISED: August 18. 2004 to show revised house plan. REVISED: September 10. 2004 to show more existing topo on lot to South and revised swak. REVISED: October 6, 2004 to show different home, deck, walk. driw and areas thcrco[ ~ October 13. 2004 to show additional existing hanJcovcr. REVISED: October 21. 2004 to show stumps in the 0-75 foot zone and to show rotalt'.<l home to givt: 15 foot setback on North line. REVISED: October 25, 2004 to show trees cut down and trees still standing 011 the entire lot. LE<,AL DESCRIPTION: The North 80 foet of Block 3, Winships Subdivision of Lot 1. Spring Park Second Addition. Hennepin County, Minnesota. SCOPE OF WORK: I. Showing the length anJ direction or boundary lines of the abov.: legal dcscr!pLio11. The scope of our services doc'.'> !!ill. include dt..·tcnnining whal you own. which is a legal matter. Please check the legal description with your r.:conb or consul! with competent legal counsel. if necessary. to make sure that it i'.'> correct. and that any matters or record. such as casements. that you wish shown on the survey, have bt.'.CII showll 2. Showing the location or existing improvement:--wt: dccmcd important. 3. Setting new monuments or veril)'ing old monumcnb to mark the corni:rs ofth.:: property. 4. Showing and tabulating. hard covt:r and an.:a ortli1..· lol for your review and for lh.: review or such governmental agencies as may havi.: _jurisdiction over hard covt.'.r rt.'.quircmenb. 5. Whilc we show proposed improvernt.'.Hh Lo your properly. we not rl'.'> familiar with your plans as you arc nor arc we as familiar with the rcquircmcnls or governmental ageucie:-. as their employees arc. We suggest that you review the survey to confirn1 thal the proposals arc what you intend and submit the survey to such govcmmi:ntal agencies as may have jurisdiction over your project to gain their approvals if you can. 6. Showing elevations on the site at sclt.'.cted locations lo givi: some indication ot'the topography of the site. The elevations shown rclatt.'. only Lo th.: henchmark providt.'.d on thi:-. survey. Use that benchmark and check at leasl one other (i.:alur..' shown on the map when dctcnnining. other ekvations for use on this site. STANDARD SYMBOLS & CONVENTIONS: "• "Denotes 1/2" ID pipe with plastic plug bearing Statt.'. License Number 9235. set. unlcss otherwise noted. I herehy certify that this plan. specification. repon or survey was prepared by me or under my direct supervision and that l am a lict.'.nscd Professional Engineer and Professional Surveyor under the laws of tht.'. State or Minnesota. ~------------------ PROPOSED WALK 106 SO. FT.--- \ ,· \ s B9'2J'oo· E --93.15----,------:::..160.00--::----~..::::...._:---_;_+,,,-=;,.;,,:-------,-.,..::.:==------...!!!i~~!==~:;...., j S 89'23'00" E j I I I I I I I I I I I I I ,, I ~ I I I ~ .-;_ -\•211 I -ll'rsi Jll),. r Q)'1,Q>~='" .;: ... •• I .I!.~!!>~=== ltliill.='" . -. r \ I na,y)) I (l'Cill.~-ill.Jtll.5; I I "' I I I l I l I l I 0 I 0 Ii) I\ I ,· v' \) <,, J I \ \. I I I I I \ ,· I l· J 0 L I I I I ____ ....J _____ L----~----~-----L----~ ____ __] ur Stump (Not !IJJrt1 If ntCt!lntly ct1t do.,,) GRAPHIC SCALE r ,. I i ( IN FEET ) Drw. No. 040838 .. HAWKINS TREE & LANDSCAPING, INC .• 1776 Canterbury Road Shakopee MN 55379 (952) 445-1511 (612) 366-5566 November 8, 2004 Dear Council Members and Department of Natural Resources Officials, Eric Vogstrom hired Hawkins Tree & Landscaping, Inc. for clearing his lot for construction of a new house. While doing this I observed large groupings of Dutch Elm diseased trees down by the lake, which my pictures will indicate. In discussing these trees with Eric, I told him they were in unstable condition and could not be climbed and they had to be dropped. We also discussed the fact that they may damage other trees in the process,. I didn't realized that I was in Department of Natural Resources territory. I am sorry that this matter happened but I will work with the Department of Natural Resources to restore the area. Respectfully submitted, Owner MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. OLD BUSINESS 2. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES, 6:02 -6:20 p.m. Eric Vogstrom, Applicant was present. Curtis noted this application was recommended for denial at the October Planning Commission meeting. Since that time the applicant has proposed reductions and this matter has been referred back to the Planning Commission by the City Council. The revised plan consists of a hardcover variance within the 75'-250' zone of 36.8 percent hardcover and an average lakeshore setback to encroach 5' nearer the lake than the property to the south. Curtis stated the applicant has submitted a tree and vegetation restoration plan for the property, with Staff currently reviewing that plan .. Staff recommends approval of the average lakeshore setback variance, and should the Planning Commission find that there is a hardship for this lot inherent to the land, an appropriate level of hardcover should be determined. Vogstrom stated he did calculate the amount of hardcover on the right-of-way, which is being used currently for access. Vogstrom noted there is no driveway currently on the property. Presently there is 2652 square feet of hardcover within the right-of-way, bringing the total existing hardcover on just the lot to 2080 square feet and combined it would be 4,732 square feet. Vogstrom indicated he is requesting a hardcover variance to allow 2,824 square feet, which is a reduction of approximately 1900 square feet. Rahn inquired whether the applicant intends to use the right-of-way for access. Vogstrom stated he does not. Rahn asked for public comments. There were no public comments regarding this application. PAGEl MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. Rahn stated he has reviewed what has been discussed at the past meetings, noting that the middle third of this lot consists of a lake. Rahn stated in his opinion it is a hardship lot and it should be granted some variance at a level determined by the Planning Commission. Rahn stated in a typical lakeshore scenario, if the 4,100 square feet were dry land, the application that has been submitted would be within the 25 percent. Rahn noted two-thirds of this lot lies within the 0-7 5' area. Rahn inquired whether the lot is undersized and whether a lot area variance is also required. Curtis stated the lot is 80 feet wide, with the area of the lot meeting 80 percent of the requirement. Rahn stated he would not be opposed to 35 percent hardcover on this lot. Bremer stated she feels the reductions being proposed are good and that the present plan is a much more reasonable plan. Bremer indicated she likes the proposal to shift the new house from the side lot because it reduces the number of variances required. Bremer stated she does not have a problem with the average lakeshore setback variance given the location of the property. Bremer stated given the size of the driveway that is required and the available footprint, hardcover of 2,824 square feet is probably below what would normally be requested and is in line with the rest of the neighborhood. Bremer stated in her opinion it is a hardship lot and she would be open to suggestions concerning the amount of hardcover. Bremer inquired whether any Commissioners had any ideas for where the hardcover could be reduced further. Fritzler stated he would prefer the hardcover be reduced even further. Fritzler stated in his opinion the property owner has not done enough to try to build within the restrictions and that he would like to see the hardcover at 25 percent. Fritzler indicated he does not want to see the hardcover increase in the next few years from what is approved tonight. Leslie commented that consideration should be given to the fact that the proposed hardcover calculation now includes a driveway where the old hardcover number does not include a driveway. Leslie noted there is a three-car garage and inquired whether the garage could be reduced to a two-stall garage in an PAGE2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. effort to reduce the size of the driveway and the amount of hardcover being proposed. Leslie indicated he does not feel a three-car garage is essential. Winkey inquired what the square footage is of the proposed driveway. Curtis stated it is 690 square feet. Winkey noted if a driveway similar to the current driveway were to be constructed, the hardcover would be approximately 2,600, 2,700 square feet. Vogstrom stated he does own three cars and would like to build a home that is marketable in today's world. Vogstrom stated a three-car garage is standard nowadays. Vogstrom noted the floor plan is less than 1100 square feet and that in his opinion he is not able to reduce the hardcover any further. Vogstrom indicated he does not plan to increase the hardcover in the future since he has accounted for a deck and other items in the current design. Jeff Essen, 2648 Casco. Point Road, noted he was present at the first Planning Commission meeting where he expressed some concerns regarding drainage and off-street parking. Essen stated the street is rather narrow and the traffic goes through that area quite fast. Essen indicated he would not be opposed to granting some additional hardcover to accommodate parking on the lot rather than the street. Paul Kaster, 2600 Casco Point Road, stated the existing driveway exists totally in the fire lane, and questioned why the Planning Commission would take that piece of property and grant it as hardcover to the lot. Kaster stated the portion of the driveway that is located in the fire lane is a large section. Kaster stated that is not part of the property and should not be included in the area used to determine the appropriate hardcover. Rahn noted there is a large amount of hardcover in the fire lane, but indicated to his understanding the Planning Commission is not swapping that same square footage and allowing it on this property. Kaster inquired how much of the hardcover in the fire lane is being granted to the lot. Bremer indicated zero. PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. Kempf stated the applicant has indicated the proposed hardcover does include hardcover for a driveway that would now be located on the lot rather than in the fire lane, which results in a reduction in the amount of total hardcover for this lot. Kempf stated the hardcover that is currently in the fire lane would not factor into what will be built on this lot. Rahn noted the hardcover that currently exists on this lot does not include a driveway. Kempf stated what happens in the fire lane does not factor into the amount of hardcover for this lot. Winkey indicated the applicant currently has a property that does not include a driveway in the calculation of hardcover on the lot. Winkey stated the amount of hardcover being proposed by the applicant is similar to the amount that would be required if a driveway had been located on the property originally. Winkey stated realistically a driveway is required and the applicant should be granted some hardcover to accommodate that, which comes out to approximately 35 percent. Vogstrom stated overall the future hardcover would be 1900 square feet less with the new proposal. Leslie stated the 690 square feet for the driveway is now presumed to be part of the lot and that the hardcover in the fire lane is not being added to the amount that would be allowed. Jurgens inquired what 690 plus the existing hardcover number comes out to. Vogstrom stated it would be 36.1 percent hardcover. Rahn stated due to the configuration of the lot and the two 0-75' zones, it only leaves 7,600 square feet in the 75-250' zone. Rahn stated the zones established by the City do not always work on lots similar to this property and that if the City only required a certain percentage be met, this discussion would probably not be necessary. Rahn noted due to the small amount ofbuildable land within the 75'-250' zone, the hardcover percentage would be larger than normal. Rahn indicated he does not feel the driveway can be reduced further. Essen inquired whether the hardcover on the right-of-way would be removed. PAGE4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. Gaffron stated that issue should be reserved for the City Council and perhaps in conjunction with the Park Commission and the Public Works Department to determine what the function and potential use of the fire lane is and whether the existing hardcover needs to be there to serve some public purpose. Gaffron stated the final decision concerning the driveway in the fire lane should be up to the City Council. Essen indicated he would not be opposed to shifting the house five feet to the north and have a variance granted in order to give more room to deal with the water runoff on the south side of the house. Vogstrom stated he also would prefer moving the house five feet to the north to avoid driving over tree roots and to improve the grading situation. Rahn noted Greg Gappa of the Public Works Department has been consulted with and has indicated he did not want the house to encroach on the fire lane. Rahn stated he would prefer not to have to grant that variance. Bremer inquired when this would appear before the City Council. Curtis stated she was planning to have it ready for the next City Council meeting. Rahn suggested the Council discuss the possible encroachment at their meeting since the Public Service Director would be in attendance at that time. Jurgens inquired whether the applicant was planning on having Spancrete in the garage to allow for an area underneath the garage. Vogstrom stated he is not sure how he would be able to access that. Jurgens noted ifthere were an area underneath the garage, a landing might be preferred. Jurgens indicated he is in favor of hardcover at 35 percent. Jurgens stated he does have concerns about people buying substandard lots and then wanting to construct a new residence on it. Jurgens stated the three-car garage and other features to this house are not a hardship. Jurgens stated he has a concern with the lakeshore setback since the house could be angled a little more and perhaps slightly reduced, which would eliminate the need for the average lakeshore setback. Jurgens PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. commented he understands the house has been placed at an angle to allow for view of the long side of the lake, but that in his opinion the house could be angled slightly to eliminate the need for that variance. Vogstrom indicated he was surprised a variance would be needed given the distance from that point to the neighbors. Rahn moved, Bremer seconded, to recommend approval of Application #04-3052, Eric Vogstrom, 2618 Casco Point Road, granting of a hardcover variance of 36.8 percent hardcover in the 75'-250' setback zone, a variance for a five foot encroachment into the average lakeshore setback, and to recommend approval of the tree restoration plan subject to Staff review and City Council approval. Rahn noted he does not see any areas where the hardcover could be reduced further. VOTE: Ayes 5, Nays 2, Fritzler and Jurgens Opposed. Bremer inquired whether Jurgens would have allowed hardcover in excess of 25 percent but less than what was approved. Jurgens stated he would have. PAGE6 FILE #04-3052 September 13, 2004 Page 1 of 5 Date Application Received: 08-18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 11-13-04 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner µd September 13, 2004 04-3052, Eric Vogstrom, 2618 Casco Point Road, -Variance -public hearing Zoning District: Lot Area: LR-1 C, One Family Lakeshore Residential, ½ acre/100' 0.47 acre (20,561 s.f.) Width: 100' parallel to the shore 80' (a), 75' setback Application Summary: The applicant is requesting a number of variances in order to build a new single family residence on the property. The application consists of the following: 1. A hardcover variance for 57.9% hardcover within the 75' -250' setback zone where 25% is normally allowed and 26.4% currently exists; and 2. A variance for side street setback of 10' where a 15' setback from the adjacent right-of-way is normally required; and 3. An average lakeshore setback variance to encroach 10' nearer to the lake than the property to the south. Staff Recommendation: Planning Department Staff recommends the following: 1. Approval of the average lakeshore setback variance; and 2. Denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. Hardship: Staff does not find that there is a valid hardship to justify granting a hardcover variance or encroach on the side street setback. Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard (feet) Side Yard Rear Yard Side Yard Adjacent (acre) (feet) (feet) (feet) to Street (feet) 0.5 100 30 10 30 15 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. 1 FILE #04-3052 September 13, 2004 Page 2 of 5 (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. (Ord. No. 101 2nd series,§ 1(10.56(16)(L)), 2-24-1992) Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0--1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet oflot coverage by principal residence and garage structures. Sec. 78-1. Definitions. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area frequently under water which serves as a watercourse draining higher land on which sustains emergent aquatic growth or area which has been dedicated as public right-of­ way. Sec. 82-2. Definitions. Dry buildable land means land area occurring within the property lines of a parcel or lot, excluding drainageways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater. Lot area, minimum, means minimum area required for each proposed lot as prescribed in chapter 78. In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous dry buildable land exclusive of wetlands, public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water or areas at or below the floodplain elevation for a specific property. All rural lots must comply with chapter 58, article II. In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 78 or half-acre, whichever is less ( exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. List of Exhibits A. Application H. Wetland Delineation Report B. Hardship Documentation Form I. City Engineer Comments C. Existing & Proposed Survey/Site J. Pre-Application Meeting Form Plan K. Letter from Neighbor (2648 Casco Pt D. Proposed Plans and Elevations Rd) E. Submitted Hardcover Calculations L. Survey for 2648 Casco Point Rd F. Building Footprint Illustration M. Property Owners' List G. Old Survey dated 03-17-54 N. PlatMap 2 FILE #04-3052 September 13, 2004 Page 3 of 5 Background Eric Vogstrom is the applicant and owner of 2618 Casco Point Road. The applicant has requested lot area, lot width, hardcover, and side-street setback variances in order to build a new single family residence on his property. The property contains 20,561 s.f. of non­ contiguous land, divided by Carman Bay and wetland. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (½ acre) 100' Actual 20,561 s.f. (0.47 acre) 100' @shoreline 80' Cm 75' setback Setbacks: LR-lC Required Existin2 Proposed Lakeshore 75' 75' Rear 30' 30' North Street Side 15' 10' South Side 10' 10' Average Lakeshore The home on property to the south is set back 86'± from the OHWL; the applicant's proposal shows a 75' setback. Technically, the applicant needs an average lakeshore setback variance however; lake views from the property to the south will not be impacted by the applicant's proposal. Structural Coverage: Total Lot Area Total Structural Covera2e 20,561 s.f. (0.47 acre) Allowed: 3,084 s.f. (15%) Approximately 16,400 s.f not including Proposed: 3,002 s.f. (14.6 %) the portions of the property to the East of -------------------------------------------------- CarmanBav Adjusted Allowed: 2,460 s.f. = 15% of 16,400 s.f. Hardcover Calculations: Hardcover Zone Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover 12,888 s.f. 0 s.f 0 s.f. * 0 s.f. 0-75 (including non- contiguous property (0%) (0 %) (0 %) east of Carman Bay) 75 -250 7,673 s.f. 1,918 s.f. 2,028 s.f.* 4,442 s.f. (25%) (26.4 %) (57.9 %) * After exclusion of fabric or plastic-lined landscape beds 3 Side Street Setback Variance FILE #04-3052 September 13, 2004 Page 4 of 5 Bordering the applicant's property to the north is an undeveloped public right-of-way. The applicant's property is approximately 80' in width. Allowing for a 10' setback on the south and a 15' side street setback on the north leaves a 55' wide buildable area. A reasonable home can be constructed within this width. The City Engineer's comments address the issue of house size relating to drainage. It is the Engineer's thought that the size of the home as proposed will need to be scaled back to allow for appropriate grading between the lots in order to avoid directing drainage onto neighboring properties. The applicant's proposal brings about some challenging drainage issues for this property. Hardcover Variance The applicant is proposing 57.9% hardcover. The existing residence and hardcover are just above the allowed limit for the 75' -250' setback zone at 26.4%. The existing home has an approximate footprint of 1,184 s.f.. The applicant is proposing a 3,002 s.f. footprint to essentially "max out" the 15% structural coverage amount based on the total dry land area. The total property area is 20,561 s.f.; however this includes an approximate 4,000 s.f. portion separated from the building site by an inlet of Carman Bay. The contiguous land area is approximately 16,400 s.f.. The applicant is basing the structural coverage amount on the total non-contiguous parcel above the 929 .4' elevation. Neither the lot coverage ordinance nor the Zoning Code definition of "lot area" clarify whether the lot coverage percentage should be based on contiguous area. The Subdivision Code definition of "minimum lot area" (Cite 82-2) would disallow non­ contiguous land as creditable toward lot area. The property to the south (2648 Casco Point Road) is similar in that it also contains a noncontiguous "island" of land. In 1985, an approximately 3000 s.f. home was constructed at 2648 Casco Point Road which, based on the contiguous area of this lot, is 10% lot coverage and 21 % hardcover. This lot is considerably larger than the applicant's property. However, the applicant's property is only slightly substandard in area and width. The 15% lot coverage amount is a limit, not an allowance. On lakeshore properties the limiting factor very often is the hardcover percentage, not the structural coverage amount. A similar sized lot, Loffler, 1690 Shadywood Road, Application #04-3009, was 80'-83' in width and 0.39 acre and was limited to 33% 75' -250' hardcover (the hardships included being on a busy County Road and needing a backup apron; the non-optimal lot shape; and the inability to move the house nearer the road due to negative impacts on lake views due to the location of adjacent homes near the shore). That house was reduced to 14.7% lot coverage in order to make the hardcover work at 33%. For the applicant's proposal, a 3,002 s.f. footprint, 1,225 s.f. of driveway, and 215 s.f. of sidewalk make up the 57.9% proposed hardcover. There are no patios proposed and only one 18' x 11' deck on the lakeside of the home. The driveway and sidewalks as proposed seem excessive at 31' and 8' widths respectively. The curb cut of the driveway is not permitted at greater than 20' at the street. The driveway as proposed would need to be reduced at the curb, and would need to be substantially reduced overall to bring the 4 hardcover down to a reasonable level Hardship Statement FILE #04-3052 September 13, 2004 Page 5 of 5 Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /11 considering applications for variance, tlte Pla1111i11g Commission shall consider tlte effect of tlte proposed variance upon tlte ltealtlt, safety and welfare oftlte community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect 011 values of property in the surrounding area. The Pla1mi11g Commission shall consider recommending approval for variances from the literal provisions of the Zo11ing Code in instances where their strict e11f orceme11t would cause undue hardship because of circumstances unique to the individual property u11der consideration, a11d shall recomme11d approval only when it is demonstrated that such actions will be in keeping with the spirit and i11te11t of the Orono Zoning Code. Staff finds that there is no hardship inherent to the land which would justify the side street setback variance or the hardcover variance as proposed. There are no current or future plans to develop or vacate the Casco Point Road right-of-way along the property's northern boundary, and the future public use of the right-of-way is unknown. Staff believes that the allowed 5 5' wide building envelope is very reasonable and a setback variance to the side street is not justified. If the Planning Commission concludes that the applicant should get credit toward the structural coverage for the dry land on the non­ contiguous portion of the property, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Summary of Issues for Consideration 1. Side street setback; 2. Lot coverage determination; 3. Combination of reduction of lot coverage and hardcover to a reasonable level; and 4. Level of hardcover variance that is justifiable. 5. Please review the comments from the adjacent property owner regarding drainage, parking and tree protection. 6. Please review the City Engineer's comments. 7. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Planning staff also recommends denial of the side street setback variance, and denial of the hardcover variance. The application could be tabled for revisions if the applicant requests tabling. 5 Dec 02 04 07:46a VOGi IE HOMES (952)474-8455 p. 1 /;l-/-(){j {)L C.--?'rS c::. ~v::. n.::..1, ... ;•c:) rn '1' /Jr:1"Pvl C4t-i1 o·IJ 1::u::A-0 L-/ AJ I::: Ji,,-J.JCiH(::=:J--Z (p O DA'-(S -APPL i CtYJlD/.J tJ: D'1-3os·:i. £~- £'{.1,t--U 06-s;r· /c-6 'VJ CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 December 8, 2004 Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 RE: Restoration Plan for 2618 Casco Point Road This letter is regarding the replanting and restoration plan by Markell Laberee Design Group dated November 8, 2004. Planning Staff has conducted a preliminary review of the plan. Given that the removals have significantly altered the appearance of your property from the lake, as· well as from the roadway and neighboring properties, staff advises that the following revisions are necessary in order to gain staff support and Council approval for the plan: 1. A buckthorn removal and vegetation restoration plan should be submitted in conjunction with this restoration plan. Buckthorn should be replaced with appropriate native shrubs per the attached suggested list. 2. The replacement trees have been proposed along the property lines. A revision should be submitted locating some of the replacement trees more centrally on the property between the house and the lake and on the point. 3. Implement a wetland buffer 20' wide landward on the western portion of the cove. The buffer should meet the definition of acceptable buffer as defined by the attached draft wetland ordinance. 4. The survey and/or restoration plan should be revised to show the following: a. Traveled right-of-way of Casco Point Road; b. Additional stumps (City staff identified stumps in the field which were not indicated on the survey or restoration plan); and c. Identify areas of buckthorn and additional dead, damaged, and diseased trees slated for future removal and restoration. Please submit a revised restoration plan meeting the above stipulations. Please submit the plan to my office for final review by 4:00 pm on Wednesday, December 22. As a reminder, the Council has indicated that an approved restoration plan is an integral part of the redevelopment of this property. Please contact me at 952.249.4627 if you have any questions. Sincerely, City of Orono ~. { {.1illltttt~CCtt-t~- Me1anie Curtis City Planner enc Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us To: From: Date: #3052 -ADDENDUM Ron Moorse, City Administrator Mayor and City Council Melanie Curtis, City Planner Mike Gaffron, Planning Director December 13, 2004 Subject: #3052, Eric Vogstrom, 2918 Casco Point Road Attachments: 1 -Letter from Applicant's Attorney (email received 12-13-04) 2 -Resolution No. 4847 (2800 Pheasant Road) 3 -Hardcover Comparisons Summaiy Sheets A -Data Table B -Summaiy sorted by Total Lot Area C -Summary s01ted by 75-250' Area D -Summaiy sorted by Approved Footprint Area Attached is a letter from Timothy J. Keane, the applicant's attorney, in support of the new request for a 1699 s.f. footprint and 34.5% hardcover. I would offer the following comments with regards to the points in Mr. Keane's letter, and I would further offer some information comparing this property to other properties which have been recently redeveloped. 1) Size of house and footprint: The proposed 1699 s.f. house/garage footprint has a garage footprint of 680 s.f. and a house footprint of 1019 s.f. The house footprint is exactly 60% of the total footprint. This lot has elevations in the 75-250' zone from 940' to 948' and could easily accommodate a walkout without extreme grading or filling, and without grading into the 0-75' zone. With appropriate design, this 1699 s.f. footprint could accommodate a 2-1/2 story house as follows: 1699 s.f. basement walkout 1019 s.f. first story 1699 s.f. second story 1019 s.f. half st01y 5436 s.f. total A footprint of 1500 s.f. with a 500 s.f. 2-stall garage could similarly accommodate a substantial house, and many lakeshore rebuilds have followed this pattern: 1500 s.f. basement walkout 1000 s.f. first story 1500 s.f. second story 900 s.f. half story 4900 s.f. total If the third stall is so critical, the first story could be reduced by 200 s.f., with a final square foo~age of 4700 s.f. 2618 Casco Point Road December 13, 2004 Page2 2) Lot shape: The shape of this lot lends itself to a home up to 55-60' in width, whereas the typical 50' lot with a similar total area and similar 75-250' area would be limited to a home just 30' in width. The lot shape also allows for a home to be angled so that it takes the best _ advantage of lake views, and additionally allows the home to be placed with the garage at the minimum setback from the road to minimize driveway hardcover. · 3) Non-contiguity of 0-75' zones: The additional area of 0-75' zone that is non-contiguous, is a benefit to this property but cannot be considered as creating a hardship situation. No hardcover credit should be accrued to this excess lakeshore square footage. The applicant continues to suggest this lot is comparable to 2800 Pheasant Road, where a hardcover variance was granted to allow 39.2% hardcover in the 75-250' zone, where 3/4 of that 2-acre lot was within the 0-75' zone. In staffs opinion, the two situations are in no way comparable. The basis for the excess hardcover approval for 2800 Pheasant Road is established in Findings No. 4A, 4B & 4C of Resolution No. 4847. It is not merely that there is a "disproportionate amount ofland located within 75' of the lakeshore". It is based on the unique configuration of that lot, primarily its topography and drainage patterns related to its hardcover location, so that the ratio of the hardcover s.f. to the 0-75' area that its runoff will flow through before it reaches the lake, is about 1:3. With the applicant's property and drainage patterns, the proposed 2648 s.f. of hardcover will flow to the lake through a 0-75' area of approximately 70' wide x 75' deep, or 5250 s.f., i.e. a hardcover to 0-75' absorption area ratio of 2648:5250 or about 1 :2. The non-contiguous area of the Vogstrom property does not provide for any absorption of the runoff from the proposed house and driveway. It cannot be considered as contributing to treatment of runoff from hardsurfaces. · The large size of the 0-75' zone for the Vogstrom site should have little bearing on whether a hardcover variance is granted. Rather, the feasibility of developing a reasonable home within the 75-250' hardcover limits should be the key issue. 4) 75-250' zone comparisons: Attachment 3 is a table and a series of summary sheets with information regarding all lakeshore total rebuilds in Orono during the last 6 years. The sheets compare Total Lot Area; 75-250' Lot Area; Approved Footprint of House and Garage; and Approved Hardcover Percentage for all residential lots which underwent a total rebuild in the period January 1999 thru November 2004. Directing your attention to Attachment 3C, note that the Vogstrom property, with a 75-250' zone area of 7673 s.f., falls right into the range where the 75-250' hardcover approved is around 30%. Most properties with 75-250' areas slightly smaller than Vogstrom's have been held to a 1500 s.f. footprint but received substantial hardcover variances in the range of 30-45%. Most properties with 75-250' area slightly larger than Vogstrom's have footprints in the 1800-2200 s.f. range, yet received hardcover variances ofno more than 30%. 2618.Casco Point Road December 13, 2004 Page3 The two recent anomalies that are clear from this table ~re the Loffler and Switz properties on Shadywood Road, which received 33% and 38.6% respectively in 2004. Many of the hardships stated for these lots are not specifically present in the Vogstrom application: For Loffler (1690 Shadywood) the hardships stated inthe resolution are summarized as: 1) on a busy County road, need a backup apron; 2) location of the adjacent homes, pushing house toward the street would reduce lake views causing a tunnel effect; and 3) non-optimum lot shape analysis results in justification for a 289 s.f. variance. Hardships 1) and 2) don't apply to the Vogstrom lot; Hardship 3) would give Vogstrom an extra 580 s.f. resulting in a 32.5% hardcover allowance. For Switz, the hardships stated in the resolution are summarized as: 1) non-optimum lot shape analysis results in justification for a variance for 32%; 2) on a busy County road, need a backup apron; 3) at 15% oflot area, house itself accounts for more than 25% of the 75-250' zone; 4) unusually large removals of hardcover (2050 s.f.) will be removed from 0-75' zone. Hardships 2 and 4 don't apply to Vogstrom; Hardship 1 would give Vogstrom 32.5% as noted above; Hardship 3 is an anomaly, where for a nearly-conforming lot a substantial hardcover variance was granted to accommodate 15% lot coverage, instead of requiring reduction of lot coverage to a level where a reasonable amount of hardcover is needed. Hardship 3 if applied to the Vogstrom lot suggests that hardcover would be granted to allow a 2140 s.f. footprint... 5) Optimum lot shape analysis: From staffs perspective, the optimum lot shape analysis has some inherent weaknesses. If most of Orono's 1000± existing lakeshore lots are ofnon­ optimal shape, which is probably the case, then optimum lot shape analysis is merely a method to more fairly allot excess hardcover, as compared to the perceived randomness of the variance process. However, the optimum lot shape analysis calculation, used only in the last year and only for a small number of applications, has contributed to what seems to be excessive hardcover allowances as compared to those granted for similar lots in previous years. Staff is reluctant to continue using the current optimum lot shape analysis method as a basis for hardcover variances, as it suggests that all lots not meeting the optimum shape should be allowed excess hardcover, which translates to an automatic variance level for almost all existing lots. If this is going to become the standard, then the code should be changed. 6) Hardcover reduction from 4,732 s.f. to 2,647 s.f.: Please remember that the proposed hardcover reductions resulting from this application are primarily in driveway removals occurring within City right-of way. Ofthe· 4,732 s.f. of existing hardcover, 2,704 s.f. is existing driveway in the right-of-way to the immediate north of the site, with almost no driveways existing on the property. This non-conforming driveway situation should not be considered as a strong justification for a hardcover variance, since there is no reason that a sufficient driveway of much smaller area could not be developed within the property. Staff is prepared to discuss any of the above in greater detail at Council's request. LEONARD, STREET AND DEINARD December 10, 2004 Mayor Barbara Peterson Members of the City Council . City of Orono P. 0. Box 66 Orono, MN 55323-0066 PROl'ESSIONAL ASSOCIATION Re: 2618 Casco Point Road-Eric Vogstrom Dear Mayor Peterson and Members of the City Council: TIMOTHY J. KEANE 612-335-7192 tim.keane@leonard.com This letter is offered in support of the application by Eric Vogstrom for a 34.5% ·hardcover variance within the 75-250 foot setback zone where 25% is nonnally allowed for the property located at 2618 Casco Point Road (the Property). This is the fourth plan revision submitted by Mr. Vogstrom and reviewed by City staff and the Planning Commission. The Property was platted as Spring Park Second Addition and the current home was constructed in 1954. The Property is quite unique in its configuration in that Lake Minnetonka/Carmens Bay extends into the Property in such a way that the 75 foot setback requirement embraces two-thirds of the Property (see Exhibit A). The rough dimensions of the Property are 80 feet x 500 feet or approximately 40,000 square feet. Due to the inlet extending into the lot, the Property has more than 300 feet of lakeshore. And the resulting 75 foot lakeshore setback is applied to more than 300 feet of the Property (see Exhibit A). The footprint of the 2 story house and garage has been reduced to 1,699 square feet-house at 1019 square feet, and garage at 680 square feet. DISCUSSION - The City of Orono lakeshore stepped hardcover regulatory scheme makes sense as applied to standard, rectagular, long, narrow lakeshore lots. The 0-75 foot no-build, the 75-250 foot 25% standard, the 250-500 foot 30% standard, and 500-1000 foot 35% standard provide a gradual reduction in the volume and rate of runoff for deep narrow lots (see Exhibit B). It is the unique configuration of the Property's lakeshore which establishes the basis for a hardship. The uniqueness of the Property is not unlike the uniqueness of 2800 Pheasant Road where the Council approv_~d 39.2% hardcover due to a "disproportionate amount of land within the 75' of lakeshore." Section 78-121 of the Orono Zoning Ordinance provides when variances shall be granted: ISO SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612-335-1500 FAX 612-335-1657 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON, D.C. 256232lv1 WWW.LEONARD.COM Mayor Barbara Peterson City Council Members December 10, 2004 Page2 "The council upon application may grant variances from the strict application of . the ,proyision~ . of. this chapter and impose conditions and. safeguards in the . ,, . ·'"variarices ·'so· gra:r\Jed, in cases where there are practical difficulties or p'articuli.fr . ,., hardships in the way of carrying out the strict letter of the regulations of this chapter and where the variance does not adversely affect the purpose and intent of this chapter nor the health or welfare of the public." Section 78-123(a) provides: . . . the council shall consider the advice and recommendation of the board of appeals and adjustments and 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, sitting as the Board of Appeals, voted 5-2 to recommend approval of a variance at 36.8% hardcover.] Before granting a variance, the council shall hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual .property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. The parameters within which a variance may be granted are as follows: (1) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 256232lvl RESPONSE: Over two-thirds of the dry acreage is· situated in the 0-75 foot no-build zone. The circumstances of a 500 foot long, 80 foot wide parcel with a lagoon extending into its center are wholly unique to this property. (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner. RESPONSE: The unique configuration of this lot with its relation to the lagoon were not created by the current property owner, Mr. Vogstrom. This lot was divided and created at least prior to 1954. The hardship created by the hardcover and setback requirements imposed by Orono City Code were adopted in 1984. Mr. Vogstroin purchased the Property in 2004. (3) The variance, if granted, will not alter the essential character of the locality. Mayor Barbara Peterson City Council Members December 10, 2004 Page 3 RESPONSE: The variance to pennit the construction of the new home would result in the mitigation of at least three more severe encroachments and hardcover conditions: 1) Reduce total hardcover from 4,732 square feet to 2,647 square feet; 2) Elimination of site yard setback encroachment of 7 .3 feet; and 3) Elimination of front yard setback encroachment of 11 feet. Additionally, the new home allowed by this variance would be an enhancement to the Property and the neighborhood. (4) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. 256232lvl RESPONSE: Economic considerations really have no bearing on this request. the 1019 square foot home footprint is modest by current standards and a reasonable proposal for the Property. .Current market demand for new homes in the mid to upper price bracket require a triple garage for reasonable marketability. (5) Undue hardship also includes but is not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd.2, when in harmony with this chapter. RESPONSE: This finding is not applicable to this application. (6) The board or the council may not pennit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. RESPONSE: The variance, if approved, would not result in a change of use. (7) The board or council may permit as a variance the temporary use of a one­ family dwelling as a two-family dwelling. Mayor Barbara Peterson City Council Members December 10, 2004 Page4 RESPONSE: This finding is not applicable to this application. · (8), -_ The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. RESPONSE: The Property has a width of 80 feet on both the road and lake-side. The unique configuration of the lake resource, however, results in nearly 300 feet of shoreline at the 929.4 foot elevation impacting the Property for setback purposes. This is a condition peculiar to this Property. (9) The conditions do not apply generally to other land or structures in the district in which the land is located. RESPONSE: The condition described in finding number 8 above is not applicable to other land or structures in this district or vicinity. (10) The granting of the application is necessary for the preservation and enj oyrnent of a substantial property right of the application. RESPONSE: 2618 Casco Point Road is a challenging property. A 25% hardcover limitation results in the inability to construct a reasonably-sized dwelling structure. Due to the extraordinary application of setback requirements due to the extraordinary shoreline, the total available hardcover for this Property of nearly one acre is approximately 1,913 square feet. The applicant's request for 2,648 square feet is reasonable for the preservation and enjoyment of the use of this Prope1iy. A 1,913 square foot hardcover limitation would deprive the applicant of its property right to construct a reasonable dwelling unit on their land. (11) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. 2562321vl RESPONSE: The granting of the variance is consistent with the intent and spirit of the zoning code. The granting of the variance would in no way adversely affect the health, safety, comfort of morals of the neighborhood or the City of Orono. The 2000 square foot reduction in total hardcover advances the spirit and intent of the hardcover requirements of the Orono Code. Mayor Barbara Peterson City Council Members December 10, 2004 Page 5 (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or , ·• 1 , difficulty. RESPONSE: Approving the variance would allow the homeowner to construct a new residence within the allowable setback footprint as provided in the Orono Code. Casco Point Road is a highly traveled road section through this area and the ability to store vehicles and visitors' vehicles off the roadway and provide safe access is an important safety consideration. The limitations opposed by the setbacks and hardcover requirements constitute a demonstrable hardship to this Property. The extraordinary lakeshore abutting the Property in light of its dimensional limitations does create a unique condition. CONCLUSION The proposed application does result in the elimination of existing side yard (7 .3 feet) and front yard (11.0 feet) setback encroachments and significant mitigation of existing hardcover conditions. The table below indicates the substantial reduction in hardcover in the before and after development condition. EXISTING PROPOSED 4,732 square feet 2,647 square feet 45.8% 34.5% This is the fourth plan revision submitted by Mr. Vogstrom and reviewed by City staff and the Planning Commission. We respectfully request approval of the plan as revised and recommended for approval by the Planning Commission. TJK:vn cc: Eric Vogstrom Tom Barrett, Esq. Melanie Curtis 2562321vl Sincerely, LEONARD, STREET AND DEINARD Professional Association 1/G. & ENGINEERING CO. 1:us PhtUk: (11521 .&7J 7'JtW f:u; (11$:?) .&7◄ ti;?,;7 'IOMES Oftl\FTEO: July :!.1. !00-l • .. f'RlrUJi,.'ll Ill r,:nlll\'\!' o;U.1i11p in1pmn.,,~,11 .. :ii:1ld hllilJ :a Ji111,:. li.,r 1h.: cli"-c11·11 h.-vlo.·w-~lll furi1n: n:,-k"v 1•f Ul111t1M:"f1bu. 11n:CAi..1ini: h•rn IKl 1,111o~tu1l1 anJ n."'1....-J i,\11'::SI.:, JM.ri1•11 nfll.n I. Sprin4! 1'.lri: Sl.'t.'lffld AJJi1ic111. :,:;c•1111uc1rw,11ti;: I. 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CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4847 NO. ______ _ A RESOLUTION GRANTING V ARIAi~CES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L); AND SECTION 10.56, SUBDIVISION 16 (C) (6) FILE NO. 02-2808 2-- WHEREAS, James Echtencamp and Jean Echtenkamp, (hereinafter "the applicants") are owners of the property located at 2800 Pheasant Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached "Exhibit A" (hereinafter "the property"); and \VHEREAS, the applicants submitted an application requesting variances· to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 8,810 s.f. (39:2%) hardcover in the 75-250' lakeshore setback, where 7,856 s.f. (34.9%) exists and 5,624 s.f. (25%) is allowed; and a variance to Section 10.56, Subdivision 16 (C) (6) to permit an an encroachment into the average lakeshore setback; and \VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 15, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File #02-2808. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. Page 1 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 4 7' The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to O based on the following findings and hardships: A. Continued use of the property as residential is consistent with the zoning district and with the development of the surrounding properties. B. The City of Orono had approved variances in 1990 allowing total hardcover on the property at a greater amount than what the applicants have proposed on the site. The actual property hardcover will decrease as a result of the redevelopment. C. The property is a 2 acre lot in a 1 acre zoning district. 66,046 s.f. of the lot is located within 75' of the lakeshore, and only 22,497 s.f. is located within the 75-250' lakeshore setback. 983 s.f. of hardcover that exists on the property within 75' of the lakeshore will be removed based on the new house's location outside the 75' setback. D. A hardcover variance is justified due to the disproportionate amount ofland located within 75' of the lakeshore. All the property within 75' of the lakeshore would provide adequate absorption area. The total hardcover devoted to the house and driveway areas would not increase from existing levels.' E. A variance to permit an encroachment into the average lakeshore setback is justified based on the fact the property is a peninsula lot and there is no suitable building site on the entire 2 acres without a variance. The proposed house is located further from the lakeshore than the existing house. 4. The Council makes these additional findings of fact in regard to this application: A. This property is uniquely situated such that reduction of the 0-75' hardcover below the proposed amount is not feasible, i.e. the small portions of driveway within 75' of the shore is necessary to access the property, and the extensive length of seawall is necessary to prevent shoreline erosion. ·· B. While limiting hardcover in the 75-250' zone to the 25% standard is feasible, such a limitation would result in the construction of a residence that would not be in keeping with the character of the existing Page 2 of 8 .CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 4 7 neighborhood and surrounding homes. C. The property is effectively surrounded on three sides by lakeshore. Therefore, the square footage of pervious surface (la\vn) that is located between the proposed hardsurfaces and the lake is significantly greater than that oftypical lakeshore lots. A typical conforming 140' wide, 310' deep LR-IB lot would be allowed 10,400 s.f. of hardcover whose runoff would be absorbed over a 10,500 s.f. 0-75' zone, or about a 1: 1 ratio. On this property, however, based on the location of proposed hardcover and the topography, the runoff from 8,800 s.f. of 75-250' hardcover will be absorbed by an area 75'x350' or 26,000 s.f. within the 0-75' zone that is directly dovmhill from the hardsurfaces. This results in a "hardsurface-to­ functional-absorbtion-area" ratio of about 1 :3, i.e. much greater functional absorbtion area than a typical lot. This phenomenon is unique to this lot and the very few similarly situated lots in the City, and acts to mitigate the impacts of hardcover in excess of the 25% normal limit. 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 · variances will 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 demonstrable hardship or 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. 6. The City Council has considered this application including the findings and recommendations o:fthe Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 8,810 s.f. (39.2%) hardcover in the 75-250' lakeshore setback, where 7,856 s.f. (34.9%) exists and 5,624 s.f. (25%) is allowed; and a variance to Section 10.56, Subdivision 16 (C) (6) to permit an an encroachment into the average lakeshore setback, subject to the following conditions: Page 3 of 8 .CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ·4 841 '7/. 1. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is. properly directed. Final plans include providing a new survey indicating all existing and proposed grade levels as well as all proposed site changes. All such drainage is required to be directed to the low area of the property. · 2. The property shall be developed in general conformance with the site plan attached as Exhibit B, including removal of all hardcover as noted on the site plan. 3. Authorities granted by the variances run with the property not with the applicants, but are permissive only and must be exercised by application for.a building permit within one year of the date of Council approval, or these variances will expire on that date (August 12, 2003). 4. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zon'ing code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12 th day of August, 2002. ATTEST: Page 4 of 8 STATE OF MINNESOTA COUNTY OF HENNEPIN .CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 §4 7f . ,~ . The foregoing instrument was acknowledged before me on this J2th day of August, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. I•:,. ...... ,..,c .. ,:,-.. ,,. ~l:~ /·::"7.:) RACHEL DODGE ({f~t,) NOTARYPUBUC-MINNErOTA .,_~....:;;;. My Commission Expires Jan. 31, 2005 ' -· STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public .. The foregoing instrument was acknowledged before me on this · / L/H-1 day of \.\, 1 (\_L.'-. -~ ~-, 200.+ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal c'orporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this 1Q_ day of re hn;(i( L( ' 200 3 ' Jo .... 1('fvZ. s l). e C-b+ I' 0 r'..(-t i'l'\ e; \Y\.t) .. ;{ i ,/ __ personally appeared before me: · __ who is personally knO\,vn to me , v-···whose identity I proved on the basis of ~'-Iv' ·v l- --whose identity I proved on the oath/affirmation ________ , a credible witness · and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. DENISE M. LESKINEN NOT~ P\JBUC. MINNESOTA My CommlsSlon Expires Jan. 31, 2005 Notary Public Page 5 .of 8 .CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO, 4 8 4 7 On thls JL day of F::-hruLC&f , 20 03, ::Teu.o E'ch-l-e:o k:.c.unp __ personally appeared before me, who is personally known to me -. -v-,,,.whose identity I proved on the basis of ?vlN 1) L __ whose identity I proved on the oath/affirmation _______ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as hls/her/their free act and deed. ) ~h I I i\..J DENISE M. LESKINEN NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 2005 ---'-=-------'--'-'J'--'71,'-"{:<,,,./-"'?'"",,+· -:."/-1.-~'-=--..-,c:'-!-1-_ -_ -_ -_ -_:-_-_:-_:-_::- Notary Public Page 6 of 8 Exhibit A .LEGAL ocscR1e:r1®· ·er eBEt;US£~ 1 • • • ' ' \ •Lot 13·o..nd ~ho:t po.rt" of' ~o:t' Hi. •P.heo.s.q.rrf Lq..wr.i•, ~esc;~_c;I ~~-fo\l0111S1 ·~eglnnlng ·c:t ·~ -Soi...rth~y or' r,os-; ~o.st.e-rlY, cqrner.of" Lqt ,13 h so.ld_.'P~o.~~t Luwn~J thi?(I~~ ~esteH.y · o.long the di~: Une 'bet;«een Lpts 13 o.nd . .14 to ~ ·Nort~~a~:terly or· nest ·NQdher.fy corner · 'oF S-O.kJ Lo-t 13J then~e. eo."st~rlY. def (ectlrig. o. t: o..n· o.n.Ql~ of'· 127 d~gre~s 15 · l'llnu:tes to -t~ rlQh{ f'r-on lust described course, o. ~lsto.nc:~ · of 1.2Q feetJ thence $oui:heo.st~rly ~!let." ~Ith •the dividing : line between sllld ~ots· !~ ~nd 14· n dl!:!~; ~f' 20~ feet, ~~ eo.ste_rly c!eftectlnEf a.t CU'I .c.ngle oF 5-4 degrees no ~e-s -to -the lef!t· froM -~_a.s't desc:rlbed co~!?, n· dls~o.nce of' 385 .f'e·etJ . . thence o.t p. right .o.ngte. s9utherly 75'-f'eet, ~ ?1"-t~s,. to ~e shore of ~O:k~ Mtnnet.Qnko.J . thence westerly" a.long the• shore 9F· ·~1d·-lo.ke.:fa the, po_ln~ ·of .beglnnlng.,.o.ccordlng 'to the. pto.t · ~reof' on fllil o.nd of' record' ln 'the of.flee ciff the· 'Regls~ro:r of' ·n-ttes. In c.n "for sci.Id C9unty o..na ~to.:te.' . . . . . . . . . . Page 7 of 8 ----·••-.~ ... /. Al)- ' ·:,;.,,.,,.,._o · ... -· .....,._.., • .. .' lo' .. 0 1 -a:,.:._ ll!W.l.,ol!,,G:"~C::....-::._11,,-.,~"'·•. .. --•--~ -,,,:.::, <::::,,m,'C~ Exhibit B -= L·.··· A Page 8 of8 · k ... "' '°' ~ ... ~ q,_ '"~""-'-~ \: \ "929,4. CONTOUR I \ ,, Lakeshore Lots with Teardown/Rebuild: Permits Issued 1-1-1999 thru 11-31-2004 Lot Dimensions Address Zoning Zoning Resol. Lot Area WidthX 0-75' District App# # (s.f.) Depth Existing 2£M=>250' (%) IJ[9j:i"f:1;fit~JjJ_~---itl-.:{}t)iii,, <y·····•••··•-: .--•. :.•. : .·.,.······· · .. '•' ;, : '···'·· , .. ,,- . .. • ,, ,C, ' . ' '. ,'' 3510 Bayside Road LR-lA 2396 #4135 59,282 230 X 260 0.0 2515 Kelly A venue LR-lB 2428 #4201 43,170 115x360 6.3 3260 Bohns Point Lane LR-IB None ---52,591 200 X 230 ? 3480 North Shore Drive LR-lC 2468 #4274 9,560 48 X 190 1.6 1725 Bohns Point Road LR-lB 2419 #4169 127,382 320 X 360 2.4 1130 Loma Linda Ave LR-lB 2363 #4098 19,065 95 x200 0.0 2683 Casco Point Road LR-IC 2406 #4157 20,230 90 X 215 4.7 f .:5.ririhfiik~~~ti/ ·· ·-· ) ·.· ,-·-·-~ ... ·, '._\:ii/, ' .... •·.:" I• = ,;. 'C'.1'.' f~c~;<C"•'::'._.':::t~ }_;: ( •-~ . i•" ·: : < .. ', ' ,:' 809 Brown Road North RR-lB None ---245,225 300 X 800 0.0 r 1392 Baldur Park Road LR-lC 2559 #4462 30,800 120 X 250 7.5 2696 Caroline Avenue LR-IC 2651 #4613 33,076 120 X 270 0.0 1687 Concordia Street LR-IC 2581 #4477 14,313 50 X 285 26.3 1875 Shadywood Road LR-IC 2796 #4835 36,040 260 X 139 2.3 2130 Shadywood Road LR-lC None ---31,230 106 X 294 ? 684 Tonkawa Road LR-lB 2599 #4504 29,564 85 X 350 20.1 1405 Rest Point Road LR-IC 2556 #4430 13,238 124 X 107 16.3 3532 Ivy Place LR-lC 2636 #4671 21,500 99 X 215 2.0 3349 Crystal Bay Road LR-lC 2593 #4512 4,901 50 X 118 27.0 (Variances in Bold Typeface) Hardcover 0-75' 75-250' 75-250' Approved 75-250' Approved Existing Area Footprint Approved• (%) (%) (%) , ,•,•' '' ,, .. ., . ·· :_:. ,, . : ' ,·, ... . 0.0 16.6 50,220 4,220 21.7 6.3 29.5 22,695 4,712 24.8 0.0 ? 37,794 5,61.6 25.0 1.6 45.0 6,654 1,721 30.2 2.4 6.7 61,281 10,366 24.9 0.0 15.2 10,523 1,811 25.0 · 4;7 13.8 13,465 2,757 25.0 . -·· 0.0 0.0 80,466 NA 0.0 3.5 29.1 15,190 3,428 34.2 - 0.0 <25% 22,500 4,462 25.0 20.4 24.7 8,847 2,150 27.2 2.3 22.1 16,920 2,496 28.9 0.0 ? 18,720 3,355 25.0 7.7 34.9 14,878 2,947 24.9 22.4 13.6 J,731 1,985 18.8 0.0 50.4 13,183 2,670 25.0 29.0 48.0 2,052 1,082 47.0 ·. - Lot Coverage Approved % . . 7.4 10.9 10.7 1721/18.0 8.1 9.5 15.0 2.0 11.1 13.7 15.0 6.9 10.7 12.0 15.0 12.4 1,082 sf 1W I~ ' Hardcover Lot Lot Address Zoning Zoning Resol. Lot Area Dimensions 0-75' 0-75' 75-250' 75-250' Approved 75-250' Coverage District App# # (s.f.) WidthX Existing Approved Existing Area Footprint Approved Approved Depth (%) (%) (%) (%) % . -. •· ·. z,ooi-~=1 J{t~t: ?'.' •··•·• •. -·_ •--••i•·: ·•,-: ... ·. ----... . . . :·.; - 1270 Spruce Place LR-IB 2486 #4473 9,850 49 X 186 14.2 3.7 27.6 6,100 1,499 46.9 1,499sf 2507 Kelly Avenue LR-IB None ---45,330 145x310 0.0 0;0 ? 25,220 5,124 25.0 11.3 13 60 Vine Place LR-IB 2658 #4602 69,150 90 X 500 0.0 0.0 NA 41,590 2,204 :S 25.0 5.1 1140 Loma Linda Ave LR-lB 2635 #4584 8,850 50 X 177 0.0 0.0 23.0 4,750 1,237 29.8 1,237/14.0 1080 Wildhurst Trail LR-lB 2662 #4615 29,124 100 X 250 2.0 0.0 27.6 19,534 3,200 25.0 11.0 1926 Fagemess Pt. Rd. LR-IC 2623 #4579 8,018 100 X 80 29.0 26.0 <<25.0 500 1,495 << 25.0 1,495 sf 2685 North Shore Drive LR-IA 2672 #4647 99,108 240x400 2.9 4.7 ? 44,060 5,981 23.0 6.0 3195 Casco Circle LR-IC 2411 #4215 23,225 90 x256 6.6 4.5 NA 15,880 3,396 24.99 14.6 4101 Highwood Road LR-lB 2673 #4645 8,550 48 X 190 0.0 0.0 29.7 4,882 1,492 40.0 1,492 sf 3995 North Shore Drive LR-IC None ---45,300 115 X 395 ? 0.0 ? 25,987 4,261 24.1 9.4 2060 Shadywood Road LR-IC None ---40,436 150 X 270 2.7· 0.0 55.0 25,553 4,024 25.0 10.0 4365 North Shore Drive LR-lB 2728 #4714 43,150 115x385 9.0 4.9 NA 20,015 4,156 23.6 11.4 2200 Shadywood Road LR-IC 2628 #4564 16,941 51 X 320 6.2 6.2 16.5 9,502 1,847 25.0 13.0 1520 Bohns Point Road LR-IB 2719 #4708 36,753 102 X 365 5.0 5.0 29.3 18,117 3,911 24.2 11.6 Address Zoning District Zoning App# Resol. # Lot Area (s.f.) Lot Dimensions WidthX Depth 2795 Pheasant Road I LR-lB I 2748 I #4767 I 46,560 I 153 x 300 3 72 Westlake Street I LR-lA I 2465 #4266 53,700 307 X 175 1420 Shoreline Drive I LR-IA I 2674 #4654 54,436 130 x400 1423 Park Drive I LR-lB I 2725 #4712 37,479 115x320 1325 Shoreline Drive I LR-IA I 2720 #4709 93,503 190 x490 3440 North Shore Drive I LR-1 C I None 21,500 100 X 215 3375 Crystal Bay Road I LR-IC I 2730 #4760 6,690 50 X 140 3415 Eastlake Street I LR-lA I 2805 #4846 9,987 100 X 100 1865 Concordia Street I LR-lC I 2740 #4792 22,000 102 X 216 3625 North Shore Drive I LR-lC I 2813 #4871 5,462 50 X 109 1725 Concordia Street I LR-lC I None 40,415 150 X 269 1160 Loma Linda Ave I LR-lB I 2833 #4882 28,190 100 x282 4496 North Shore Drive I LR-lB I 2825 I #4869 I 23,523 125 X 190 1125 Spring Hill Road LR-lA I None 274,528 I 700 x 350 0-75' 0-75' Existing Approved (%) (%) 2.3 2.3 ? 0.0 2.5 0.0 0.0 0.0 3.0 0.0 0.0 0.0 45.1 23.8 29.4 16.3 20.4 1.7 17.6 18.1 NA 0.0 0.9 0.9 0.0 0.0 0.0 0.0 Hardcover 75-250' Existing (%) 23.6 ? 12.0 ? ? 24.4 72.5 16.p 42.8 54.4 NA 5.8 34.9 13.0 75-250' Area 26,426 29,737 48,400 20,345 30,997 13,816 3,855 2,487 14,300 1,712 26,397 20,180 13,465 97;417 Approved I 75-250' Footprint Approved (%) 4,694 23.6 3,513 24.9 3,738 23.1 3,052 19.8 4,759 24.8 2,252 23.3 · 1,500 53.4 1,472 30.5 2,565 32.4 1,241 51.6 3,553 24.7 3,777 23.8 2,7:75 24.9 5,282 15.0 Lot Coverage Approved % 10.0 8.1 7.0 11.2 6.0 10.0 1500/22.4 15.0 11.7 1,241 8.8 13.4 11.8 2.0 Hardcover Lot Lot. Address Zoning Zoning Resol. Lot Area Dimensions 0-75' 0-75' 75-250' 75-250' Approved 75-250' Coverage District App# # (s.t:) WidthX Existing Approved Existing Area Footprint Approved Approved Depth (%) (%) (%) (%) % . ·:c_:2-t:':,//'ie;:/\ '~/c · C: ·· _, · --• .. · . , . ;_~,ll9l_\":i/''' _____ :/:\,-_-_,_,_ >"';// --· . . ·, ., . , , 2800 Pheasant Road LR-lB 2808 #4847 88,543 297 X 266 1.5 0.0 34.9 22,497 4,700 39.2 5.3 4753 North Shore Dr LR-lB 2887 #4959 8,172 50 X 163 12.6 9.4 34.5 4,381 1,500 44.9 1,500 sf 3329 Crystal Bay Road LR-lC 2876 #4957 3,741 50x97 38.6 37.5 78.3 995 1,145 28.6 1,145 sf .955 Tonkawa Road LR-lB 2853 #4908 147,935 208 X 684 1.5 0.0 ? 34,825 4,078 21.7 3.0 3490 North Shore Drive LR-lC 2786 #4833 10,048 50 X 250 0.0 0.0 12.5 6,750 1,500 33.9 15.0 847 Tonkawa Road LR-lB None ---62,400 150 X 416 4.5 4.2 24.0 26,670 4,397 24.9 7.0 680 Tonkawa Road LR-lB 2901 #5002 23,380 65 X 350 9.1 9.1 35.9 11,360 2,559 28.6 10.5 4125 Highwood Road LR-lB 2893 #5019 28,648 150 X 190 6.5 5.7 37.1 16,655 2,370 28.2 8.3 1625 Bohns Point Road LR-lB None ---73,679 125 X 186 0.0 0.0 ? 23,780 4,574 24.7 6.0 ~ Hardcover ,,. Lot .. Lot Address Zoning Zoning Resol. Lot Area Dimensions 0-75' 0-75' 75-250' 75~250' App~oved 75-250' Coverage District App# # (s.f) WidthX Existing Approved Existing Area Hs/Gar Approved Approved Depth (%) (%) (%) Footprint (%) % l~PJ'~'{ili!f~·0t·2:~:it·1trf-.. · . .... >· ; -.. t:-."Lf-,:-i ~ .... :_.i -:-. .. _._· ..... •"Li/.'. .. ·•·, . ·,. .._ . ; <i •.•·c., '.' ,::• .',:' ... '<• 3445 Crystal Bay Road LR-IC 2934 #5065 6,494 50x 130 0.0 0.0 30.6 6,494 1,;385 28.3 <1500 sf 1740 Shadywood Road LR-IC 2962 #5136 20,624 120 X 172 22.3 0.0 38.8 11,424 3,040 38.6 14.8 1489 Shoreline Drive LR-IA 2953 #5081 31,188 134 X 180 8.1 1.4 43.6 21,191 4,453 35.7 14.3 1435 Park Drive LR-lB 2927 #5028 32,284 100 X 293 0.0 0.0 ? 20,170 3,608 24.9 12.0 3 77 5 Bayside Road LR-lA 3017 #5198 41,220 414 X 100 3.9 3.5 30.l 11,430 1,530 29.2 6.0 1690 Shadywood Road LR-IC 3009 #5202 17,060 80 x213 14.8 0.0 20.8 10,780 2,461 33.0 14.7 2695 Kelly Avenue LR-lB 3032 #5207 26,925 120 x230 ? 0.0 ? 20,530 3,805 24.9 14.0 1265 Bracketts Pt Rd LR-IA 3012 #5195 144,491 700 X 200 ? 1.1 ? 95420 8,704 24.2 6.0 4515 North Shore Drive LR-lB 2827 #4873 23,360 75 X 307 ? 0.0 ? 13,650 2,582 24.7 13.1 1300 Spruce Place LR-lB 2886 #5006 20,300 110 X 180 20.3 2.5 30.3 9,190 1,770 30.4 8.6 1444 Baldur Park Road LR-IC 2990 #5140 8,600 45 X 185 11.0 0.0 47.0 : 5,180 1,500 45.0 1,500/17.0 356 Westlake Street LR-lA 3051 #5232 28,000 50 X 555 0.0 0.0 35.4 16,500 2,190 24.5 7.8 3407 Eastlake Street LR-IA 3041 #5222 4,180 44x93 50.5 21.8 37.6 880 864 47.0 864/20.7 3015 Casco Point Road LR-IC None ----34,570 100 X 370 ? 0.0 ? 10,990 4,085* 24.3 11.8 * Most of footpiinTisin the 250-500' zone }_A~S ,A..e fee,,u Jt-b~ /19'1 ~ 2,r? 'I 3D 'S-0 (a:" '8'-1 f\iff-{t..f}'Jff:_-t;::;. 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~- 5462 1712 1241 51.-6 11f.-, 6494 6494 1385 · 28.3 ~ 6690 3855 1500 53:4 ..,_ 8018 500 1495 26 8172 4381 1500 44:9 .,._ 8,550 4882 1492 40 <I!:-, 8600 5180 1500 45 4--i 8850 4750 1237 29,8 4-- 9560 6654 1721 30;2 ~ 1 - 46560 26426 4694 23.6 ~~37194 5616 25 y.;.~tc:53700' · ' •' 29737' · · ' ·' 3513 24.9 $0 54436 48400 3738 23.1 59282 50,220 4220 21.7 62400 26670 4397 · 24.9 69150 41590 2204 25 ~t579 2318-0--_,_4574"·--, ·•-·· 24-:r .. . ; . .• . ~---,~-~47015 ''"39~~ ~"1fS503 · 30997 4759 24.8 t>O_((' 99108 44060 5981 23 9850 6100 1499 46 .. 9 +-' ~ ·fl>f'· · 127382 ·5128f _.,_10366 7415..., f . 144491 95420 8704 24.2 9987 2487 1472 30.5 4-. ~-~-~~---,-----.:...;_;,_:,__ 10048 6750 1500 33,9 <Ill-' 13238 373,1 1985 18.,8 14313 8847 2150 27.2 ~ 16941 9502 1847 25 17060 10780 2461 33 19065 10523 1811 25 20230 13465 2757 28 20300 9190 1770 30.4 ..,.._ 20624 11424 3040 38.6 ~ S:wt 21500 13183 2670 25 21500 13816 2252 23.3 22000 14300 2565 32.4 41!-- 23225 15880 3396 25 23360 "13650 2582 24.7 23380 11360 2559 28.6 ..if:,-. 23523 13465 2775 24.9 26925 20530 3805 24.9 28000 16500 2190 24.5 281-90 20180 3777 23.8 28648 16655 2370 .,' 28..2 <- 29124 19534 3200 25 29664 14878 2947 24 .. 9 30800 15190 3428 34.2 o(l-~- 31188 21191 4453 35 . .'l ei- 31230 18720 3355 25 32284 20170 3608 24:9 33076 22500 4462 25 34570 ' 10990 . 4085 24.6 36040 16920 2496 28:9 ..,_ 36753 18117 3911 24,2 , 37479 20345 3052 19.:~ 40415 26397 3553 24.7 40436 25553 4024 25 41220 11430 1530 29.'2 ~ 43150 20015 4156 23.6 43170 22695 4112 24:5 45300 25987 4261 24.1 45330 25220 5124 25, 14 7935 34825 4078 21. 7 245225 80466 0 0 274528 97417 5282 15 0~ l "') I (? ~ ► 2JD t;e>O I ,, Lf (,.} 2,,c!),ef/90 -?,.t>I 00-t:) (!j) ~,ee,o -1./1!>,&00 L1/) L/ ",c>-d>o ~ so,0·0 o (! $} 5,'V,e>OO :w.~ v.~ 1,-~'\,'4. 11/0 ~"l d ~/'O ~ ~·~··· 8018 500· 1495 4180 880 864 47 ~1- 3741 995 1145 28,6 <--:- 5462 1712 1241 51,6 <-;~ 4901 2052 1082 ·--. ··-... 47 .__ ,..0 /J 45300 i'T \ 40415 I 46560 ~ 0, 62400 V 53700 9987 2487 1472 30,-5 "-,- 13238 3731 1985 18.-8 I ~01.y 6690 3855 1500 53.~ ~--'l-0-t' 93503 147935 52591 8172 4381 1500 44,'9 ~t J 69150 99108 54436 8850 4750 1237 29,8 ~-.,,()v- 8,550 4882 1492 40 ~;-v\ov---,.>"" 8600 5180 M •• fMo-45 +:- 9850 6100 1499 46.9 ,....;_ 6494 6494 1385 28~3 ~;- 9560 6654 1721 I 30'.2••~ 10048 6750 1500' 33 .. 9 ·4:i- 59282 127382 /lr',V-X 245225 t-;;,~ 144491 274528 14313 8847 2150· 27:J~ 1 <'-r--- 0 ,t O,oe(} 20300 9190 1770, 30,.4·-~ 1-.SO 16941 9502 1847 25 '19055 1"""0 ..... 52_3 ____ 18_1_1_··----·--_2_5.:..._- 17060 10780 2461 33 ~ /,.IJFP~ 34570 10990 4085 24,3 23380 · 11360 2559 28.6 ~ , 20624 11424 3040 38,6 --k;-~Wt. r2:. 41220 11430 1530 29:2 ~ 21500 13183 2670 25 20230 13465 2757 · 2·5 23523 13465 2775 24:9. 23360 13650 2582 24:1 21500 13816 2252 2j:3 22000 14300 2565 32.'4 ~. 29564 14878 2947 24.9 ·, @ 30800'":'~ 5190 3428 34.2 .~~- 23225 15880 3396 25 28000 16500 2190 24.5 28648 16655 2370 28'.2 -ir.--- 36040 16920 2496 28:_9 ~· 36753 18117 3911 24.2 31230 18720 3355 25 29124 19534 3200 25 43150 20015 4156 23.6 32284 20170 3608 24.9 28190 20180 3777 23.8 37479 20345 3052 19.tl 26925 20530 3805 24,9 (i) 31188 21191 44Ei3 35.-7 ~- (1) 88543 22497 4700 39.2 ~ 33076 22500 4462 25 l 43170 22695 .. • 4712 73679 23780 4574 45330 25~20 ~24 40436 25553 4024 (b / '-i S"i $'\lc>RAt ~ LY~ bo P~trAsA.»'"t. G) l3'1 z... l./rUl>AL-f~ 24.8 24.7 25 25 25987 26397 26426 26670 29737 30997 34825 37794 41590 44060 48400 50,220 61281 80466 95420 97417 4261 3553 4694 4397 3513 4759 4078 5616 2204 5981 3738 4220 10366 0 8704 5282 24.1 24.7 23.6 24.9 24.9 24.8 21.7 25 25 23 23.1 21.7 24.9 0 24.2 15 ~ ~. i ~-l--0,­ / ()1) 'I<--2-12> 7 ,S"-, Zs0 1 ::: ,,.,,, ~t>O s .f.. To: From: Date: #3052 -ADDENDUM Ron Moorse, City Administrator Mayor and City Council Melanie Curtis, City Planner j1 Mike Gaffron, Planning Director/ l~ December 10, 2004 Subject: #3052, Eric Vogstrom, 2918 Casco Point Road Attachments: 1 -Revised survey submitted 12-11-04 and full-size excerpt 2 -Revised hardcover calculations submitted 12-11-04 3 -Resolution No. 5179 At 11 :00 a.m. today Mr. Vogstrom submitted a revised smvey andhardcoverworksheet, showing changes to the dlivewayresulting in a proposed 75-250' hardcover level of34.5%. This information was received after the staff memo and packet were already complete and copied. The plan revision that resulted in this decrease from 36.0% to 34.5% is a reduction ofl 14 s.f. of dliveway. While this is a commendable attempt at hardcoverreduction, it suddenly puts the driveway proposal out of compliance with the minimum driveway standards ofResolution No. 5179, "A Resolution Establishing Policies Regarding Minimum Hardcover Standards for Garages, Driveways, Sidewalks, and Similar Property Features" adopted 5-24-04. Resolution No. 5179 requires a minimum apron width of28' for a three stall garage and a minimum apron depth of 15' prior to the apron begilming to taper. The previous proposal met the minimum 15' apron depth. The new proposal only has a 10' apron depth before the taper. The policy Resolution establishing minimum driveway standards was adopted for the exact purpose of avoiding situations such as that now proposed, which results in inadequate area for vehicle parking and maneuvering. The Council should reject this attempt at hardcover reduction as not being in compliance with minimum driveway standards. ~= ,,. ,· ... ' "" ~­ ►· G· ,,. .. ~: 7 I I o I ..> I ----l I I ,,, o I -~----..> I .,¼_ ____ J ~ I ; I_______,.,, _;,ll.,..._..._ • .,; ,... ,,, I ~ __ ~ ~ 0 ..> I ~~ -----~ I I I ..... -.. -----·--. ·-···---o·' - .• to show trees cut down and trees still ..Lnding on the entire lot. 1.t to show additional trees cut down per client. v· .. ~11uw1ng t:ievanems·on me slte the site. The elevations· shown rel benchmark and check at least one for use on this site. ~~~,--· I s· STANDARD SYMBOLS & coi 11 @ 11 Denotes l/2 11 ID pipe with p otherwise noted. 4 + 110w new proposal for different home. O· how reduced driveway to reduce hard cover. Winships Subdivision of Lot 1, Spring Park Second Addition, 1 ELEVA TIONS I hereby ce1iify thatthis plan, spec under my direct supervision and tb 1:'.rofessional Surveyor under the la T/ON = 951.50. = 951.10 942.80 I IRON AS SHOWN 944.10 r------, --------- SED 687 I I I I -------- '0'&/ ---Grove/ A ;---, ', ~ I / <6$< O,r..f-1/7!7 j I i ~ I / sq, rt.,' -4reo ...... -_.,,, I "J. I I / ............ I ~ PROPOSED e I ,,, "' 1 r IA/ ALK 108 , I {~ "'" I ', VV/i I 12" Spruce SlDlnfh 9 '-..._I \ SQ FT. L ) ,,,--··· 46-, / \ • .------'"'---~-~~~-,;;;;...;~~is;;Q~~/~,~•~•~'.~~~\~....;_l__,-i>\ _ _,_,_~- I , , I I I I I / I I I I I I / I I ... ,,"' BENCHMARK ,-fop OF IRON = 944.10-::-_,~-~ _,, .,. ... ,,,. .... ,,, ,,,,.,.," .... ·r' __ ,, I I , I r ,, ..... !' 161.118 I,'.: ~/ 89°23/oo" E , / j / ,,,/1 Dec lU U<t Utt:;jba v"-'.i...._.,_.__,_..., SLT3AC:< ZON:.!:: (CB.CT.:E: 0.:"1""E) £1:.J'ST!;"G ?.'/,.~DCOV::R p; ZG?'<-:'. .. ~ r:cu.5e ______ h D. SiC~ s PatioiDe--..k F. Lancscape Uaderlam. By Plastic G. Other Cook~ Pia'Yl+e. .. ... ::c :c X X X X TOTAL .HARIX:OVER. [N ZONE TOT AL PROPERTY AREA IN ZONE Z5T..i..._.,,;G' = == = = = = = A . 2.07.B + B 7673 X 100 = PROPOSE:D ffARDCQViR 1N ZONE A. House ______ X LcDglh B. Gar-a&e C. Drlvewa:r D. Sidewruk X X X X X X X X === = = = E. Patio/Dcl X X ~------ G. Ocf:e: A TOT.~ E..~..RDCO'la.t IN ZON"E '!OT.Al. PROFS..\.-Y A...~ rN ZON= Vc,4x\--;-B ·:z[z13 11 = = x. !CO = =°:JC-!.GCG' ; 1 ( 84 ... -._ .. _ . ... - s..: .. ... -.....~ .... -~ ... -·-. ~..: .. S.:. 33·7 S.F. S.F. 4} /" S.F. 'lQ S.F. \5 S.F. S.F. S..F. l fu S.F. ·2.02.s s.F. A 7~ S..F. B o/c, . .. ::::n, ' \ <o<::> ~ s.F. S.F. S..F'.. . S..f-:. ·S.F. 6f),· -) . S.F. S.F. \OB S.F. S.F. \ Sf-1 S.F. S.F. S.F. ~- S.F. S..F. ·2. G1 8 -, u. A 'J G7 7:> s..r, 3 '?/1:,S % <" .,., '-'h--' Draft #5 -5/20/04 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 1_!_7_9_· _ A RESOLUTION ESTABLISHING POLICIES REGARDING MINIMUIVI HARDCOVER STANDARDS FOR GARAGES, DRIVE\VAYS, SIDEWALKS, AND SIMILAR PROPERTY FEATURES WHEREAS, the City of Orono since 1975 has regulated the use and placement of hardcover on land within 1000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other material which interferes to any degree with the direct absorption of rainfall into the ground"; and WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the 1000-foot regulatory zone into four tiered "hardcover zones'' which are commonly referred to as "the 0-75' zone", "the 75-250' zone", "the 250-500' zone", and "the 500-1000' zone"; and said zones are respectively allowed 0% hardcover, 25% hardcover, 30% hardcover, and 35% hardcover; and \VHEREAS, due to the hardcover limitations it has become common practice for applicants for building pennits to minimize hardcover associated with driveways and sidewalks in order to maximize the hardcover available for their structural footprint while meeting the established hardcover limits; and WHEREAS, due to the hardcover limitations, applicants for building permits might choose to not include a garage in their initial peimit request, only to later request hardcover or setback variances for construction of garage stalls; and WHEREAS, the City has heretofore not established minimum standards for garage, driveway and sidewalk dimensions, and consequently has been faced with proposals for garages, driveways and sidewalks that are minimally functional or non-functional and which do not provide for safe, efficient access and off-street parking needs; and WHEREAS, the City wishes to avoid situations in which poor garage, driveway and sidewalk planning results in later requests for excessive hardcover; and WHEREAS, the City seeks to establish a balance that avoids excessive hardcover while providing adequate functionality with regards to private garages, driveways and sidewalks, and therefore it is in the best interest of the City and its residents to establish a policy providing minimum standards for such features for property subject to hardcover regulations . . . Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Ill 7 9 NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono does hereby establish the foilowing Policies: 1. Driveways forredevelopingproperties within the Shoreland Overlay District shall be subject to the following minimum dimensional standards to allow for safety, functionality, maneuverability and off­ street parking: a. All garages used or likely to be used for the storage of motor vehicles shall be provided with an apron, taper and driveway. b. Minimum apron width: Equivalent to outer width of garage door openings (see aiagram) Typical: C. Minimum apron depth: End-load: Side-load: d. Minimum lengthwise taper ratio: 2:1 e. Minimum driveway width: 8' One-stall -9' minimum Two-stall -16' minimum Three-stall -28' minimum 15' from garage door face 20' from garage door face f. Minimum back-up apron dimensions (ifrequired due to high-traffic road): 8' x 8' The above standards are illustrated in the drawing attached to this Resolution as Exhibit A. 2. Driveways using pavers shall be considered as 100% hardcover. 3. "Wheel-strip" driveways will be allowed, but for hardcover calculation purposes the entire width of the driveway (from outside-to-outside of strips) will be considered as hardcover. 4. A sidewalk extending from the driveway to the front or main entrance of a structure shall be . provided at a width of no less than 24". Page 2 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 ! 7 9 5. All residential site plans submitted for the purpose of obtaining a building permit for construction of a new residence or expansion of an existing residence shall include "proof-of-driveway'' and "proof-of-garage"; i.e.sufficient infonnation to show that the hardcover necessaiy to accommodate and serve a conforming 2-stall garage, attached or detached, is available regardless whether such garage is planD:ed to be constrncted pursuant to such pennit. 6. Site plans shall account for the hardcover necessary to provide the minimum landing or stairway required by the Building Code for any door openings shm,vn on the building construction plans. The approval ofbuilding plans containing door openings on any story shall in no way be construed as granting the right to a variance for hardcover to constrnct a deck at such opening. 7. Site plaris, driveway and sidewalk proposals which in the op in.ion of the Zoning Administrator do not meet the above guidelines shall be rejected. 8. The need to provide for garages, driveways and sidewalks meeting minimum City standards shall not be a basis for the granting ofhardcover variances; rather, the minimum garage, driveway and sidewalk standards when considered in conj unction with the other pertinent regulations governing site development, shall help establish the appropriate size stmcture for a given site. Adopted by the City Council of Orono, Minnesota this 24th day of_M_a_y ____ , 200.!!.__ by a vote of 4 ayes and O nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 3 30' Minimum Per City Code EXHIBIT A ~ 'iJ RES OL UT ION NO ._cl_•'' _.lt_~_P _f_· MINIMUM DRIVKWAY STANDARDS Side Load Garage End-load Minimum Apron Width -dI.-9'-16 1-28 1 typical -~ Minimum Taper 2:1 Driveway ·width 8' Minimum ~---Apron Depth 20' Minimum··--~ Apron Depth 15' Minimum 1 s' Back-up Apron (if required) 8' x 8' Minimum Driveway Width 8 1 fyiinimum Edge of ·right-of-way (Lot line) CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 . TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 ZONING FILE 04~3052 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 2004 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: September 20, 2004 Planning Commission recommended as follows: The application was tabled in order for the applicant redesign the proposal to reduce overall hardcover level proposed and to meet the 5' side street setback. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Planning Commission -Monday, October 18, 2004; Meeting starts at 6:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249 .4627. Date Application Received: 08-18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Exp_ires: 11-13-04 To: · From: Date: Subject: Chair Ralm and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner October 14, 2004 04-3052, Eric Vogstrom, 2618 Casco Point Road, -Variance -public hearing FILE #04-3052 October 14, 2004 Page 1 of 4 Zoning Disttict: Lot Area: 'Width: LR-lC, One Family Lakeshore Residential,½ acre/100' 0.47 acre (20,561 s.f.) 100' parallel to the shore 80' ~ 75' setback Application Summary: The applicant is requesting a number of variances in order to build a new single family residence on the property. The application consists of the following: 1. A hardcover variance for 3 8.9% hardcover within the 7 5' -250' setback zone where 25% is normally allowed and 27.1 % cunently exists; and 2. A variance for side street setback of 10' where a 15' setback from the adjacent right-of-way is nom1ally required; and 3. An average lake shore setback variance to encroach 5' nearer to the lake than the prope1ty to the south. Staff Recommendation: Planning Department Staff recoinrnends the following: 1. Approval of the average lakeshore setback variance; and 2. Denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to suppo1t the variances as requested. Hardship: Staff does not find that there is a valid hardship to justify granting a hardcover variance or a variance to encroach on the side street setback. List of Exhibits A. PC Rep01t of09-13-04 -JJO•i /\ T1i'1( tin.:, B. Revised Survey dated 10-13-04 C. Revised Hardcover dated 10-13-04 D. Revised House Plan & Elevation ·· 1 FILE #04-3052 October 14, 2004 Page 2 of 4 Background This application was before the Plaiming Commission at the September 20 th meeting and was tabled in order for the applicant to redesign and reduce hardcover. Since that time the applicant has met with staff and redesigned the proposal in an attempt to fmiher reduce hardcover. Additionally, the applicant has proceeded with tree removal in preparation for redevelopment of the prope1iy. The applicant perfonned this work without City approval or pem1its. The City is now in the process of analyzing the number of trees lost and an appropriate restoration plan. Staff rec01m11ends any variance approval include implementation of a Council approved restoration plan. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (½ acre) 100' Actual 20,561 s.f. (0.47 acre) 100' @ shoreline 80'@ 75' setback Setbacks: LR-lC Required Existing Proposed (Revised) Lakeshore 75' 80' (home) 78' (deck) Rear 30' 30' North Street Side 15' 10' South Side 10' 13.2' Average Lakeshore The home on property to the south is set back 86'± from the OHWL; the applicant's proposal shows a 75' setback. Technically, the applicant needs an average lakeshore setback variance however; lake views from the property to the south will not be impacted by the applicant's proposal. Structural Coverage: Total Lot Area Total Structural Coverage 20,561 s.f. (0.47 acre) Allowed: 3,084 s.f. (15%) Approximately 16,400 s.f not including Proposed: 3,002 s.f. (14.6 %) the portions of the property to the East of -------------------------------------------------- Carman Bay Adjusted Allowed: 2,460 s.f. = 15% of 16,400 s.f. 2 Hardcover Calculations: Total Area in Allowed REVISED Hardcover Zone Zone Hardcover Existing Hardcover 12,888 s.f. 0 s.f 0 s.f. * 0-75 (including 11011- co11tiguo11s proper()' (0%) '" .(0 %) east o(Car111a11 Bay) ... ,, 75-250 1,918 s.f. Revised 7,673 s.f. 2,080 s.f.* (25%) (27.1 %) * After exclusion of fabric or p"last1c-lmed landscape beds Side Street Setback Variance .. FILE #04-3052 October 14, 2004 Page 3 of 4 REVISED Proposed Hardcover 0 s.f. (0 %) Revised 2,981 s.f. (38.9 %) The applicant has not redesigned the proposal to meet the 15' setback to the public right­ of-way, however the drive access remains off of Casco Point Road. Hardcover Variance The applicant has revised the plan and reduced the level of proposed within the 75' - 250' zone. The previously proposed hardcover percentage was 57.9% or 4,442 s.f. the applicant has now proposed a hardcover percentage of 38.9% or 2,981 s.f.. This is a net reduction of 19% or 1,461 s.f.. Hardship Statement Applicant has completed the Hardship Documentation Fonn attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis 111 considering applications for variance, tlte Pla1111illg Co111111issio11 shall consider the effect of the proposed variance upon the ltealt!t, safety and welfare of the co1111111wity, existing and anticipated traffic co11ditio11s, ligltt {Ill(/ air, da11ger of fire, risk to t/ze public safety, a11d tlte effect 011 l'lllues of propel'ty i11 tlte sm·1·01111di11g area. Tlte Pla1111i11g Commission sltal/ co11sider reco111111euding approval for variances from tlte literal provisions of tlte Zo11i11g Code i11 instances where tlteir strict enforcement would cause undue hardship because of circumstances unique to tlte individual property under considerntion, and slta/l recommend approval 011/J' wlte11 it is demonstrated tltat suclt actions will be i11 keeping with tlte spirit a11d intent of tlte Orono. Zo11i11g Code. Staffs position remains that there is no hardship inherent to the land which would justify the side street setback variance or the hardcover variance as proposed. There are no cun:ent or future plans to develop or vacate the Casco Point Road· right-of-way along the property's 1101ihem boundary, and the future public use of the right.:of-way is unknown. Staff has contacted the Public Works Depa1iment who request that the right-of-way be clear of any encroachments. Staff believes that the allowed 5 5' wide building erivelope is very reasonable and a setback variance to the side street is not justified. Staff also does not find a hardship for this property to exceed the required 25% hardcover limit. The applicant has proposed to redevelop the prope1iy, where the Planning Commission has consistently required full compliance with all regulations. Staff finds 3 FILE #04-3052 October 14, 2004 Page 4 of 4 that an increase of almost 12% hardcover on a redeveloping lot already having excess hardcover would be completely inconsistent with past practice. Staff finds that no hardship inherent to the land exists to allow a hardcover level above 25% or 1,918 s.f. as this level allows for a 1,500 s.f. house and 418 s.f. for driveway, sidewalks and patios or decks. Summary of Issues for Consideration 1. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Plam1ing staff also recommends denial of the side street setback variance, and denial of the hardcover variance. Additionally, staff recommends that any vaiiance approval for this site should be conditioned upon the submittal and Council approval of a restoration­ plan to remedy the vegetation removals conducted on the prope1iy during the week' of · October 11 th . 4 I ~l?)JT ~ I ~St:i> I I J''-.;:;-2-0' I JN ,-~ I I I I I I I I ,- 1 I I I r--- 1 I I I L I I / < < / U) co c.o _,_ • Ol N _. (,,I • o rn 0 ~ :, Q. 10 10 •_,j \"'D \') : .. :, "" ::.• :·, -t 1 ~-=-=-=-=-=-=-=.:.:j ______ _!:.8~0'.._==~-· ~~~------=] ><" < ><" < I \1 I I I ,..___ - I -- ,/ ,; I I V) ~~ '1-t\J :---,. (;, 'I. c::5' (:}CJ I .. I .. r-r, gi~ 1:)-~ !=lS: Q,~ r-,.. lb .C> <:) ..... ...., ,:-,. ll::i ~ .gi f) ::-, ~ ~· IQ~ ~~ ~~ !\) ~· :::; fJ) Cl.. ::h. ~ --. ~ <:)' :::, --..._ ......,_ () ,..., )._,u Ir, V/ ,,. 'I \ ) ,,. ..... '-../ 40 -,, V ,,. ..... '-../ :J r +- .o. Qa.-;:,:e C. . B~y D. s i C:~--ai!< E. ·P.a:riaiDe-=k F. .t,,ancscape Underlain. By Plastic G. Other A iZc?f.!\-11-..1,,.;.C., ., ., ..,. ., \,\I.~ II~ X ... ,, /) ~. ·•~c;S l ,;AJ.t,(f4iG Vv,.(... -, .... ~ -,.. X V " •\ {'.:;,.:, t-r Of' X X X Pt~,-.1m'L X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY A.REA IN ZONE -;-B PROPOSED HARDCOVER TN ZONE A. House _______ x C. Dn:veway D. Sidewclk E. Patio/De::.~ Underiufri By Plastic L..--ng!lt X :< X ..,. "' 'X X. ~ X X V ~ X TOT P.l.. E..~RDCQ"t~ IN ZC•Nc TOTAL PR.OFE.~T:C ;,. ... ~!!.. IN ZON~ + B 11 = = = = = = = == X 100 = = == == = = = x 100 = _ _.,_/ .... I -c...·q_.t.;.,.~_..;.._ ~-: . .... -------- -------s_-=_ ---------.:,_-_ ___ ·s_,_) ____ S.: . S.: . ------- _4-___ l1....____ S.?. _______ S.?. M1;:;, ~~ ~ S..F. --~---- -------S.F. iS <::,... ,.,.r. ,;:-~...t'. S.F. I lo S.F'. S.F. S.F. ,z_-1.1 % .i . ,;:,::--··. S.F. S.F. '·· .S.E , ,r: .-S.F. S.F. S.F. S.F. S.F. i23 S.F. S.F. S.F. -,.. .::,,.r. S.F. ------S.:. A B f.]7(,., 3.-.<f/6 I : S.F. A ,,2"} ti ( ---.;:;,,1,-:;tp..,,.·]3..,.,._ '---S.?. 3 ---,----- ---~-·_lt'7 ____ % 58,1'7 'z'(,l co I co ..... i~ (0 I co C') b> I:% I / (0 7 6'0,,/ {;·~J 100Dwl KITCHEN '( 1~~'4 11 •' ;~). 10'-11" 'i, .~ 7~ ~-,, GREAT ROOM -..... I in ...- @ N I ~ BEDROOM 13'-6" X 12'·5" ----14'-8" ---- 0 ...­ I in ...- '!717 1 I II f ~ I.--., I I I I I N FOYER II II b-- '1 II -_-..J, ~ I 0) 4'-11" r----1 I I I I GARAGE 30'-7" X 24'-4" r--------1 I I I I ----------- 4'-10":-k--7'-Qll__,.J.,_ 6'-10" i..------23'-7" ------"'l,.---------31'-11" ------~ L----,-----------------55'-5" --------------------'"! MAIN FLOOR PLAN 2065 sq ft -..... ...- I N N '<:I" t:J E3 It II MINUTES OF THE ORONO PLAN1'11:NG COMlYilSSION MEETli~G Monday, September 20, 2004 6:00 o'clock p.m. (#04-3051 Kevin and Julie Fitzp trick, Continued) .Jurgens s ted he also is persuaded somes . at by the fact that this neigho towards the rger lots, which is changing t character of the area. Fritzler statedj . because someone buys a lot o a lake, they should not be exp for a period of tim until additional property can o acquired in order to create a la ·tated he would pre± to see the residence a little bi "maller and a little bit lower jus a ~earance that it is a · g strncture on a small lot, but dis ·eement with the p Josal. Kemp tated if a purchaser k ot allowed to build a decent me to live in on these small lots, · removes ·his type of lot from t market. Kempf stated he is ii avor of the proposal. Leslie than ~d the neighbors for the comments on this proposal. Leslie moved, rempf seconded, to rec unend approval of a lot are ariance, lot width variance, and north and si\ltth side yard setback v~an~es to permit constructio~f a residence located at 356 ,vest Lake S~et. VOTE: Ayes 5, Na~, Jurgens Opposed. ' Jurgens stated he is opposed to the approval because he does not see a hardship for the variances. 8. #04-3052 ERJC VOGSTROM, 2618 CASCO POINT ROAD -V AlUANCE Eric Vogstrom, Applicant, was present. Curtis stated the applicant is requesting a number of variances in order to construct a new single-family residence on the property. The variances being requested are a hardcover variance for 57.9 percent hardcover within the 75 '-250' setback zone where 25 percent is normally allowed; a variance for a side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is nom1ally required; and an average lakeshore setback variance to encroach 10' nearer to the lake than the property to the south. Curtis stated the current home on the property is·set back approximately 86 feet from the ordinary high · water level, with the applicant's proposal showing a 75-foot setback. Curtis indicated the view of the lake from the property to the south should not be impacted by the applicant's proposal. Curtis stated bordering the applicant's property to the north is an undeveloped public right-of-way. The applicant's property is approximately 80 feet in width. Allowing for a 10-foot setback on the south and a 15-foot side street setback on the north leaves a 5 5-foot wide buildable area. It is Staffs opinion a reasonable home can be constructed within this area. The applicant is proposing 57.9 percent hardcover for this lot, with a 3,002 square foot footprint to essentially max out the 15 percent structural coverage amount based on the total dry land area. The total . property area is 20,561 square feet; however, this includes approximately 4,000 square feet separated PAGE20 Mll'TTJTES OF THE ORONO PLANNING COMl\tllSSION lVIEETING Monday, September 20, ioo4 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) from: the building site by an inlet of Carman Bay. The contiguous land area is approximately.16,400 square feet. The applicant is basing the structural coverage amount on the total noncontiguous parcel above the 929.4' elevation. Neither the lot coverage ordinance nor the Zoning Code definition of "lot area" clarify whether the lot coverage percentage should be based on contiguous area. The definition of minimum lot area found in the Subdivision Code would disallow noncontiguous land to be credited toward lot area. Ct1rtis stated the applicant is proposing a 3,002 square foot footprint, 1,225 square feet of driveway, and 215 square feet of side\valk to_p.iake up the 5 7. 9 percent hardcover. There are no patios proposed and only one 18' by 11' deck on the lakeside of the home. Curtis noted the driveway as proposed would need to be reduced at the curb and would need to be substantially reduced overa11 to bring the hardcover down to a reasonable level. Staff finds that there is no hardship inherent to the land that would justify the side street setback variance or the hardcover variance as proposed. Staff believes that the 55-foot wide building envelope is very reasonable and that a setback variance to the side street is not justified. If the Planning Commission concludes that the applicant should get credit toward the sh·uctural coverage for the dry land on the noncontiguous portion of the property, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Staff recommends approval of the average lakeshore setback variance and recommends denial of the side street setback variance and denial of the hardcover variance. Staff also recomrr.iends removal of the existing gravel driveway within the city right-of-way and restoration of the area back to vegetation as part of the redevelopment of this lot. Curtis noted the grading and drainage plans have been revised since the issuance of the letter by the City Engineer, and that the applicant has addressed the grading and drainage concerns that have been raised. Vogstrom noted the road is unimproved to the north and requested the Planning Commission allow the encroachment in the right-of-way. Vogstrom stated the existing structure encroaches into the right-of-way by 14 feet. Vogstrorn explained the existing hardcover calculation does not include anything for a pad and driveway, which exists on the north side. Vogstrom indicated at the present time there is no way to access the garage without going over the right-of-way. Vogstrom noted the current structure is located 21.8 feet away from the street and is nonconforming. Vogstrom indicated he would be willing to restore the right-of-way at his expense if the city is willing to ·work with him on the hardcover. Vogsi.rom stated in his opinion he has a hardship due to the amount of water on his property and the fact that his land is not contiguous. Vogstrom stated in his opinion the proposed residence con.forms more with the rest of the neighborhood than what currently exists. · Vogstrom noted the property at 2601 Lafayette Road was granted hardcover in excess of 25 percent. Vogstrom stated the current structure is 1184 square feet and is figured at 26.4 percent hardcover. PAGE 21 lVlli">\fUTES OF THE ORONO PLA.l'ffiJNG COiYil\tllSSION MEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Barbara Essen, 2648 Casco Point Road, stated they have spoken ,vith the applicant regarding the issue of drainage and that the applicant has indicated he is more than willing to ensure that drainage from this lot will not affect theiilot. Jeff Essen stated the firstplan did not show a swale, with the recent plan showing a S\Vale. Essen stated the applicant has also ind1cated he ,vould be installing gutters and downspouts, ·which would also help to alleviate their concerns regarding runoff. Barbara Essen stated they are not opposed to the larger driveway since parking along Casco Point Road is a problem at times. Essen indicated the applicant has also expressed a willingness to preserve the nicer trees on this lot, noting that a number of larger trees ,vere lost as a result of a storm in 1997. Vogstrom stated the preservation of the trees is also one reason why he would like to have approval of the 10-foot encroachment into the right-of-way. Vogstrom stated the majority of the trees are located on the south side of the lot. Alan Greene, 2645 Casco Point Road, stated he is located across the street from this lot, and that in his opinion the proposed hardcover for this lot is excessive. Greene stated his residence is approximately 1200 square feet on a lot that is approximately the same size and that the lot in question is being overbuilt. Vogstrom stated Greene's footprint is 1374 square feet and his garage is 695, for a total footprint of over 2,000 square feet. Fritzler stated he does not see the need for the 57 .9 percent where 25 percent is allowed and 26.4 percent currently exists. Fritzler stated he does not see the hardship for the increase in the hardcover. Fritzler stated he is also opposed to the 10-foot setback. Bremer inquired what number Fritzler would like to see for this lot given its restrictions. Fritzler stated he would be willing to approve 27 percent hardcover for this lot, but that he does not see any justification for the additional hardcover or encroachment. Kempf stated he is in agreement with Fritzler and that the plan appears to have been laid out without any consideration for the hardcover restrictions. Kempf inquired whether the applicant would be adding a deck or patio in the future. Vogstrom stated a deck is included in his current plans and that he does not intend to add a patio in the .future ... Bremer indicated she feels the 27 percent is low given the restrictions of this lot. Ralm commented he also feels this is a hardship lot but that it does not justify the 57 .9 percent hardcover being proposed. Rahn stated in his view more effort needs to be made to reduce the hardcover and that the structure could also be reduced to eliminate the need for the side street setback variance. PAGE 22 MINUTES OF THE ORONO PLANNll'fG COl\lJ.vIISSION lVIEETING Monday, September 20, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Leslie stated the encroachment would be reduced if the size of the structure is reduced. Vogstrom inquired ,vhether he would be better off remodeling the existing structure. Rahn stated that decision would be up to the applicant_, but that the Planning Commission appears to be opposed to the proposed amount of hardcover. Leslie pointed out that a remodel is considered to be less than 50 percent of value. Rahn inquired whether the driveway could be reduced. Vogstrom noted there is no driveway figured into the existing hardcover calculation, and if a driveway was added into the hardcover, that would increase it to 34 or 35 percent. Curtis stated the property cunent1y is accessed from the right-of-way. Paul Kaster, 2600 Casco Point Road, indicates he owns the property on the other side of the fire lane. Kaster stated the fire lane has been filled in over many years and that encroachment on the fire lane in his opinion should be granted because it would alleviate some of the construction problems the applicant is facing on this lot. Kaster stated the fire lane cunently is not very passable given the vegetation and that allowing the fire lane to be used would have very little impact on the neighborhood. Vogstrorn stated the house would also be angled and would only encroach in a couple of spots. Leslie stated in his view the hardcover could be reduced, which may in turn resolve the side street setback. Leslie inquired whether the Planning Commission could offer sqme suggestions on what they would like to see the hardcover reduced to. \ Fritzler stated he believes the hardcover could be reduced to 27 percent. Leslie stated in his opinion some of the hardcover for the fire lane should be applied to this property. Jurgens stated the fire lane is a public right-of-way and that the applicant has a right to use that fire lane. Jurgens suggested the applicant consider a side-loading garage if the City allows the fire lane to be used. Gaffron stated as far as the driveway is concerned, Staff has not looked at sight lines and other issues relating to safety, which need to be considered. Gaffron noted there is a slight curve on Casco Point Road that may dictate where the driveway is located. Rahn stated it appears the Planning Commission would like to see the proposed hardcover reduced and that the Planning Commission at this time is not prepared to set a definite percentage. Rahn suggested the applicant consider tabling his application to allow him time to redesign his plans. Rahn stated another option would be for the applicant to decide whether he would like to remodel the existing structure. I'AGE23 MIN1JTES OF THE ORONO PLA.L'lNING_ COMfyllSSION lVIEETING Monday, September 20, 2004 6:00 o'dockp.m. (#04-3052 Eric Vogstrom, Continued) Vogstrom inquired whether the Planning Commission would allow the 10-foot side street setback given the fact that the fire lane is heavily \vooded and not used. Jurgens requested the property markers near the sh·eet be delineated. Leslie stated the applicant will need to make the o.ecision on how to reduce the hardcover, and that the encroachment may be reduced once the hardcover is reduced. Leslie indicated it is impossible to say definitely whether the encroachment would be allowed given the fact that the plans need to be revised. Rahn stated the Planning Commission needs to look at the plans overall, and recommended the app1icant continue \Vorking ,vith staff to reduce the amount of proposed hardcover. Leslie indicated it appears likely that there may be some variance granted for hardcover given the restrictions of the lot_, but that the applicant needs to take steps to reduce the hardcover down to something that is more reasonable for the lot. Kempf stated he generally is in favor of setback variances that have no negative impact on the neighbors. Rahn reiterated the Planning Commission needs to look at the plans as a whole, and inquired whether the applicant would like to table his application. Vogstrom requested his application be tabled. Rahn moved, Leslie seconded, to table Application #04-3052, Eric Vogstrom, 2618 Casco Point Road, to allow the applicant time to revise his plans. VOTE: Ayes 6, Nays O. Leslie· dicated he attended th 'August 23 rd Council meeti where a member o the public had inqu· d about the steps bein taken to address the coyot roblem. The resid t had indicated that an inc asing number of dom ic animals have been disa earing. Leslie note this matter has been r erred to the police dep ent. Leslie stated one oft Council mexnbers had tha ed the Planning Co _ i~sion for their efforts at addressing the issu coming before the City. slie noted the Counc· does limit public commen o five minutes at th r meetings, which may hel people in attendance t Planning Commission m tings streamline their omments. !'AGE 24 ~/~ _/ i .,1 f , .. MINUTES OF THE ORONO PLANNlNG COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. on 78-1577(c) re rding exterior storage· 1 R Districts, esta He-existing user o continue the storage VOTE: Aye 3. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES, 6:17 p.m. -6:36 p.m. Eric Vogstrom, Applicant, was present. Curtis noted this application was before the Planning Commission at its September meeting and was tabled to allow the applicant time to redesign his plan in an effort to reduce hardcover on the lot. Since that time the applicant has submitted another plan and is now requesting a hardcover variance for 38.9 percent hardcover within the 75-250' setback zone, a variance for side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is normally required, and an average lakeshore setback variance to encroach 5 five nearer to the lake than the property to the south. Curtis stated since the time of the last meeting the applicant has also removed a number of trees from the property without city permit. Curtis noted the adjacent neighbor has submitted a letter regarding his concerns with this proposal. PAGES MINUTES OF THE · ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. Staff recommends approval of the average lakeshore setback variance and denial of the side street setback variance and denial of the hardcover variance as proposed as there. are no hardships to support the variances as requested. In addition, Staff is recomn1ending approval of any variances be made contingent upon approval of a restoration plan to remedy the vegetation removal on the property, Rahn asked for public comment concerning this application. Jeff Essen, 2648 Casco Point Road, indicated he had met with the applicant prior to last month's Planning Commission and discussed his original plan and the concerns he had regarding drainage, frimming of trees, protection of established trees, and off street parking. Essen stated Vogstrom indicated at that time that he was agreeable to installing gutters and downspouts, drain tile, and construct a swale between the t\vo properties. Essen stated he agreed to work with Vogstrom on trimming his trees in an effort to improve Vogstrom' s view of the lake, Essen stated last week Vogstrom had a tree service come in who illegally took down two mature trees on his property as well as other trees and vegetation on his own property. Essen indicated based on those actions, he no longer is in support of this proposal until such time as a restoration plan is approved and the damage has been adequately addressed. Paul Kaster, 2600 Casco Point Road, stated he is the neighbor to the north and at the last meeting was in favor of the variance to encroach on the fire lane. Kaster indicated since the applicant has now clear cut his lot, he would 1ike to withdraw his support of the variance, Kaster stated he now has concerns regarding erosion since the vegetation has been totally removed. Vogstrom stated he is in agreement with his two neighbors regarding their concerns and that the tree company was hired to remove a couple of trees that were dead. Vogstrom apologized to the City and his neighbors regarding the removal of the vegetation, noting that he was not aware the tree company was going to remove as much vegetation as they did. Vogstrom indicated he did ask the tree removal company to contact Staff regarding this incident, but that he accepts full responsibility for the mistake. PAGE6 MINUTES OF THE ORONO PLANN1NG COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. Rahn noted the applicant has made some hardcover reductions but that the proposed residence is still 10 feet from-the right-of-way where 15 feet is required. Vogsh·om stated on one side he is 13.5 feet and_thatthe residence can be slid over somewhat to the south. Vogstrom indicated at the time the p1an was drawn up he was trying to protect some trees in that area and that it was his belief the trees enhanced the lot. Jurgens noted the Planning Commission should act on this matter tonight given the 60-day time limit. Jurgens stated in his opinion the hardcover still needs to be reduced further, noting that there are drainage issues that also have to be dealt with on this lot. Vogstrom noted the City Engineer had signed off on the drainage issues under his original proposal at the 5 8 percent hardcover. Vogstrom stated Staff infon11ed him that the City Engineer did not have any issues with the drainage. Vogstrom indicated the property at 2800 Peasant Road was approved in mid August 2002, which is a lot that had a very similar situation where two-thirds of that lot was in the 0-75'. VogslTom noted two-thirds of this lot is also in the 0-7 5 '. Vogstrom stated the Planning Commission at that time found that while the 25 percent standard is feasible, such a limitation would result in construction of a residence that would not be in keeping with the character of the neighborhood and surrounding homes. Vogstrom noted a hardcover variance was allowed in that instance at 39 .2 percent hardcover. Vogstrom indicated the proposed footprint of his house is approximately 1100 square feet, with a three-car garage, which is not out of character for this neighborhood and does not constit11te a large house. Leslie inquired how many of the neighbors have three car garages versus two car garages. Vogstrom stated it is approximately half and half, with the newer homes having the three car garages. Vogstrom indicated he was attempting to address the off-street parking by constructing a three car PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. garage. Vogstrom noted the cunent residence is also located on the property line, which makes it nonconfom1ing, and the amount of hardcover on the lot is also being reduced with his proposal from ···what currently exists, Winkey inquired what impact a reduction to 25 percent hardcover would have on the design of the house. Vogstrom stated he is better off going with the 1500 square foot footprint plus a small amount for a drive,vay and a side,valk, which would bring the hardcover to around 30 percent. Fritzler commented that in his view the size of the lot should give the applicant an adequate building pad and that he would be opposed to granting any variances. Fritzler stated he would like to see the hardcover reduced to 25 percent. Jurgens stated based on the time limits, he would like to make a motion denying the application. Jurgens moved, Leslie seconded, to recommend denial of Application #04-3052, Eric Vogstrom, 2618 Casco Point Road. Rahn noted the applicant does have the ability to sign an agreement extending the 60 days. Bremer stated she does not feel the Planning Commission should make a motion based solely on the fact that the 60-day time limit is about to expire. Jurgens stated in his view the hardcover should be reduced to 25 percent and that there is no need to grant any variances based on the size of the building pad. VOTE: Ayes 5, Nays 2, Rahn and Bremer opposed. Rahn stated he believes the applicant should be given the opportunity to revise his plans again but that he is in agreement that the hardcover be reduced. Vogstrom inquired whether he could utilize an end-loading garage. Jurgens stated the applicant does have that option but that a new application would need to be submitted. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. Rahn stated he would not be in favor of any encroachment into the right-of-way. Rahn commented the Planning Commission does not have the time to discuss the applicant's various options concerning ·design of the garage and residence but that the applicant needs.to make those design µecisiQil.S .. Rahn. noted the Planning Commission has denied the application and that this matter would go before the Council. Bremer inquired whether denial of the average lakeshore setback variance was also included in the motion. Jurgens indicated the motion was to deny the entire application. Bremer stated she would have been in favor of granting the average lakeshore setback variance but that the hardcover needs to be reduced on this lot. Bremer indicated she would be willing to consider hardcover in the higher 20 's since there is a lot of lakeshore on this property and that there are some circumstances where that could be considered a hardship. Bremer noted she is not in favor of the side yard setback variance. Vogstrom noted the existing 27 percent hardcover on this lot does not include a driveway. Ralm noted this application would move forward to the Counci1, and suggested the applicant consider revising his plans in an effort to further reduce the hardcover prior to the City Council meeting. HALF OF ROGER & AROL ROVICK, PAGE9 . ~~:::. ': ,_ , 10/18/2004 Ms. Melanie Curtis City Planner City of Orono -, .· 2750.Kelly Parkway Orono, IvfN. 55356 Re: Request for Variance at 2618 Casco Point Road Dear Ms Curtis, After speaking with you and the City Administrator today I feel it necessary to prepare this letter and have it included in the public record of the Planning Commission meeting of 10/18/2004. The owner of2618 Casco Point Road, Mr. Eric Vogstrom has applied for a hard cover and side yard set back variance. I have expressed the following concerns to him and you. ► Drainage between his proposed home and my home. ► Trimming of trees to enhance his view. ► Protection of established trees. ► Off street parking. Mr. Vogstrom and I discussed these issues and he agreed to install gutter, downspouts buried drain tile and a swale between the properties to control drainage. He also agreed to work with me on tree trimming to enhance his view, and to protect existing trees. Last week Mr. Vogstrom hired a tree service, which in addition to illegally cutting trees on his own property and neighboring public property, came onto my property and cut down mature trees that impacted his view without a permit or my permission. These trees were cut down even after I pointed out to Mr. Vogstrom and his tree service exactly where the property line was located (survey stakes were clearly visible). As a result of his actions I do not believe he will voluntarily honor any of his previous commitments regarding drainage or tree preservation and I am strongly against granting the requested variances. Additionally I request the City Engineer make note of these concerns during his review of the Vogstrom site plan and drainage plan as part of the construction drawing review process to protect neighboring property owners. Sinc_erety:·7 1 .1 ~~//-/:"' lJe€l;ll ~/;tf.;;"7YL-----· 2648 Casco Point Road Orono lvIN 55391 · .. ·--·o··-.. 0~ ./\.,-0 CITY of ORONO October 25, 2004 Eric Vogstrom 20840 Chaimel Drive Greenwood, MN 55331 Street Address: 2750 Kelley Parkwal ... Orono, MN 55356 RE: 60-Day Review Period Extension Application# 04-3052 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on August 18 and was considered to be complete on September 13, and the 60-day review period would end on November 13, 2004. However, due to tabling the earliest potential date of final Council action for your application falls near the 60-day period expiration. Therefore, the 60-day review period is hereby extended all additioual 60 days to Janumy 13, 2005. Please contact me with any questions regarding this matter. Sincerely, City of Orono Melanie Curtis . . . City Planner Telephone (952) 249-4600 ° Fax (952) 249-4616 www.ci.orono.mn.us November 3, 2004 Eric J. & E. A. Vogstrom 20840 Channel Drive Greenwood, MN 55331 RE: Restoration Plan 2618 Casco Point Road PIN 20-117-23-24-0038 CITYofORO 0 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P .0. Box 66 Crystal Bay, MN 55323-0066 On October 14, 2004, you were issued notice that illegal vegetation removals were conducted at the above property within 75' of Lake Minnetonka and the adjacent wetland without City permits. Vegetation removal and tree cutting within 75' of the OHWL of Lake Minnetonka and within a wetland requires an inspection by City Staff and a tree removal pennit issued by the City Inspector. Hawkins Tree ·& Landscape (your contractor) removed trees and brush from your property within the 75' setback, on the neighboring property to the south within the 75' setback and on City property. The City provided a deadline of October 21s t for submittal of a restoration plan; to date we have only received a partially complete survey. City staff has preliminarily reviewed this most recent survey detailing most, but not a11, of the tree and vegetation removal conducted by your contractor. As of today, the following previously requested items have not been satisfactorily completed: 1. Your immediate placement of erosion control and soil stabil1zation methods; and 2. Submittal of ·a survey f1·0111 ·yot1r surveyor showing the location, diameter, and· species if discernable for all. vegetation and all trees regardless of size cut by your contractor on your property and adjacent prope1iy; and In addition, a restoration plan completed by a MN State licensed Landscape Architect must be submitted for review and approval by City Staff and City Council. This restoration plan must indicate the re-establishment of the canopy and ground cover in order to restore the prope1iy to its pre-existing condition. Further, the landscape plan should provide the following: Telephone (952) 249-4600 ° Fax (952) 249-4616 www.ci.orono.mn.us a. Tree for tree replacement of all trees and understory vegetation within 75' of Lake Minnetonka; and b. Tree for tree replacement of all trees and understory vegetation removed from the City right-of-way and the neighboring property within 7 5' of Lake Minnetonka; and · c. Replacement tree diameter may be detennined by the Landscape Architect and approved by City Staff; however deciduous trees shall meet a minimum of 3" diameter and coniferous trees must be at least 6' in height. d. The replacement tree species shall generally match those removed; and e. Replacement tree locations should generally match locations of those removed; and f. A covenant shall be filed requiring replacement of dead or dying trees and allowing for City monitoring until the trees have reached 6" in diameter. The updated survey, landscape restoration plan and restoration schedule must be received and approved by City Staff and City Council before any final City Council action will be taken on your application 04-3052. City Staff will be inspecting your property on a regular basis to ensure that the erosion control methods are installed and remain in place until the restoration is complete. Your cooperation in this matter is appreciated. Please contact me at 952.249.4627 if you have any questions. · Sincerely, Melanie Curtis City Planner r:: Y· '·-J---1 ; :, , -·: . C.:· . ·. I \ . ,·~> : . CITY of ORONO Street Address: October 14, 2004 Eric J. & E. A. Vogstrom 20840 Channel Drive Greenwood, MN 5533-1 RE: Illegal Vegetation Removal 2618 Casco Point Road PIN 20-117-23-24-0038 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P,O. Box 66 Crystal Bay, MN 55323-0066 On October 12, 2004, a "stop work" order was posted at the above property as vegetation removal was conducted within 75' of Lake Mi1metonka and the adjacent wetland without City pennits. Vegetation removal and tree cutting within 75' of the OHWL of Lake Mim1etonka and within a wetland requires an inspection by City Staff and a tree removal permit issued by the City Inspector. The soil disturbance caused by the tree removal activity may also require review and approval from the Minnehaha Creek Watershed District (MCWD). Removal of individual trees of 6" diameter and intensive vegetation clearing within 7 5' of a lake or on a slope greater than 30% is strictly prohibited without prior City approval. Orono City Code 78-1285 states: (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6 inches or more (or 19 inches in circumference or greate1) measured 3 feet above the ground may be removed without first obtaining a permit from the City provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. (b) Intensive vegetation clearing within 75 feet ofthe shoreline, on steep slopes or within the bluff impact zone within the Shore/and Overlay District is prohibited. Limited . · clearing of shi-ubs and trees less than 6 inches in. diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leafon conditions, is not substantially reduced. Telephone (952) 249-4600 ° Fax (952) 249-4616 www.ci.orono.ron.us Vogstrom 2618 Casco Point Rd 14 October 2004 Page 2 The vegetation removal on the above referenced property (and apparently on your neighbor's property at 2648 Casco Point Road, and potentially on City right-of-way) is in violation of the above referenced codes. Violation of City Code is a misdemeanor and this matter has been forwarded to the City's Prosecuting Attorney for issuance of a Fom1al Complaint. Resolution of this matter will begin with the following: 1. Your immediate placement of erosion control and soil stabilization methods; and 2. Submittal of a survey from your surveyor showing the location, diameter, and species if discemable for all trees regardless of size cut by your contractor on your property and adjacent property; and . 3. Submittal of a restoration plan from a landscape professional which must be approved by City Staff and City Council. This restoration plan must indicate the re-establishment of the canopy and ground cover in order to restore the property to its pre-existing condition. The updated survey, landscape restoration plan and restoration schedule must be received no later than 4:30 pm on October 21, 2004 in order to avoid legal action and to ensure that it may be reviewed and approved by the City Council in a timely manner.' City Staff will be inspecting your property on a regular basis to ensure that the erosion control methods are installed and remain in place until the restoration is complete. Your cooperation in this matter is appreciated. Please contact me at 9 52.249 .4627 if you have any questions. Sincerely, Melanie Curtis City Planner c: Thomas J. Banett, City Attorney Sgt. Kurt Erickson, Orono Police Department Jesse Carlson, District Compliance Officer, Minn.ehaha Creek Watershed District Mike H~wkins, Hawkins Tree & Landscape, 1776 Canterbury Rd, Shakopee, MN LEONARD, STREET AND DEINARD October 22, 2004 Ronald Moorse City Administrator City of Orono P. 0. Box 66 Orono, MN 55323-0066 PROFESSIONAL ASSOCIATION ·· ncr TIMOTHY J. KEANE 612-335-7192 tim.keane@leonard.com Via Fax (952-249-4616) and U.S. Mail Re: Eric Vogstrom Variance Applications -2618 Casco Point Road Dear Mr. Moorse: The purpose of this letter is to respectfully request that City Council agenda item 8 referenced as #04-3052 regarding the Eric Vogstrom application for variances at 2618 Casco Point Road be continued to the City Council meeting of November 8, 2004. Should you have any questions, please contact me at 612-335-7192. TJK:vn cc: Eric Vogstrom Sincerely, LEONARD, STREET AND DEINARD Professional Association ~r-. Timothy J. Keane 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS! MINNESOTA 55402 TEL 612-335-1:500 FAX 612,-335-1657 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON, O.C. WWW.LEONARD.COM 11-lfl,3~ 10!1 17113 VOCiUE HOMES ADVANCE SURVEYING & ENGINEERING CO. 5.3110 S. Hwy. No. IO! l'vlim11:1011k:1. ~v1N 55:\45 Plm111.: (lJ:'iJ.)-17-l 79'1-I Fa~ {9~21-t7-I X2<,7 SI l\\ VEY f<ll\: VOGUE HOMES SI l\! Vf'YE!l: Jul). 2110-1 RFVISEf>: August I(,. 200-1111 shnw clit!nl's pruposal tu n.!1111n-c c~bti11g impriffc1111.•111.; aud huild ;1 ucw hum..: :111LI driveway wilh :1ssnci:u.:d gra<lin1!. for tht: client's 1\_•,·h!w :md liir tli..: re, iL'w 111' t!tln:111mc11tal m!c111.:ics. itF.VJSEl): A1;gust IX. 20(1-l hl slunv n.:viscll house plan, ~ S!.!plcmhcr HI. 2110-1 lo slmw more c:xis_lin~ tupo 011 hit w South and n:, bed :-.wak. ltEVISEI ): (lcmbcr<i. 200..i t11 show <lilli:n:nt humc. dcck. wait. d:i,·c and :m.:as thl..!n:11L REVlSD>: Uct11hc1 D, !004 h1 :-.how ;.1Jdi1irnrnl c:-.:il'ltin~ hardi.:m·ci·. REVISE! l; Oc1uhL·r ! I. 2.ll0-1 111 :,,hnw S1umps i11 lhc 0-75 l'i1111 zom: and 111 :-.huw ro1a1i.:t.l ho1111.: 111 ;!ih· 15 !'l!nl s..:\h;n;k un i':n11h lini:. REVlSEfl: lh:iohcr :!5. 2!10-t ll1 slww trccs cut dow11 and m.:c:-. :.till s1:111t.li11µ 011 1h,.: cmirc \01. l.F.C;.-\1. lll'.Sl"\tll'TIO~: Thi.' ~orlh 80 l°i.:i:t_ul'Slo~i; J. 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Shuwi11!.! :111i! t:lhulalilH! hanJ cmcr :111d :1r~:1 111' 1hi.: lot li.11· vmir l'l.:\·i1..:\\' and li.ir 1hc rc\ ii.:,\ of sm:h l,!H\·1..:1;1111cm:il :li-!Cllci~s :1:-may h:n 1..: juril'>dii.:1iu11 over !i,;nl Cll\ cr ri.:quin.:mcnb. 5. Whik• we show pmpllSCll imprnvcm . .:11h Ii· yut,r pr11p1..:rty. wc 111fl :1:-thmiliar with yum pbus a:. ynu ilrt: nnr an: wi: a-. r,1111ili;1r with th\.' l'cquin.:1t1L'llb n( g:,n-,.:rnmi.:111:il a~cudc, :h their cmplnyi:1..:s an:. \Vc sugg1.-sl 1h;11 y,m rc,·il.!w till.! :.utY\!Y 111 nmlinn lh:11 lhi: prnpl1sal:-. an.: wha1 you int1..:11J :mJ suhmil 1hc surn.•v 1t1 such !!11,·1..:m1111.'1H;il :1!!t:lll:i1..:s as mav J,a,c jurisdic1i,tn 11,1..:r vino project 111 gain thdr appniv:~b it'~uu ~:m. ~ · · · fi, S!mwing ckv:11imi-. tlll th.: :,ii\! :11 sckc11..:d \rn.:;1ti1111-, 111 ::i, 1.' :-w111.· i111lic:ui11:i llfll11..· h1p11µraph:-nl' lhc si1-.-. Thi.! c\i.:,·alions shuw11 ri:lah.· uuly tn 1h.: h1..:nch111:ll"k prn,·idcd 011 tlli:.. surn::-. l;~I.' 1ha1 hL·11d1mark am! chccl.: nt l1..::1s\ ow.: other (..::tttll"..: ~11uwu 1111 the map wli..:11 Jctcnnitunl! nth1.:r i:lcv:1tio11:. !ill' us.: 011 this :,,ill.!. ST.l\~DAIH'iSYi\.·tlHJLS & t ;ONVE!':TIO~~'. "• "Dc1ttlll.!:.. I/,;" ID pipL' ,,,.i1h. pl:isth:-plu:! h1..:an11t,! Stah: Lici.:m,c i\umh_l.'r l)1~:i. st.:t, u11k:-.-. otl1crwisc l\(llt:d. I hcn.:hy ct:nit~• th,11 thi;. plan. spi.:dlic,111rn1. ri.:pon lll' survt.:y was prcparc.d by me nr umk·rmy UircL"l :-illpi:rvisirn1 and tlt:11 I n111.1 lic1..•11si.:-d flrul:.::,,:ilonal b1gi11L·cr ~nd Pn,rcssitm:11 Survt.:Vllr Ulllkr th1..: !:1ws 11\' tlw ~l:t1l' 111· 1\-lumcs11ta. 'H~@~°'-----------· Parker P.E. & !'.::-. N,i. lJ:!'.)~ ~~-----------------------------------------------· --- PROPOSED WALK 106 SQ. FT..--- --- 'cl~l' C) ::) ,,., ; ,., .1. I \.JI••\,. \ .,,. IJ ---.L GRAPHIC SCALE ·r i ( IN '"""1" ) i I I I I I I I I I I I I I ---It- \ .,,. s B9'2J'oo· £ --93.15-- _J I L· J 0 L Drw. No. 040838 (~i~ i~f}pI£"HAWKINS TREE & LANDSCAPING, INC. 1776 Canterbury Road Shakopee MN 55379 (952), 445-1511 (612) 366-5566 November 8, 2004 Dear Council Members and Department of Natural Resources Officials, Eric Vogstrom hired Hawkins Tree & Landscaping, Inc. for clearing his lot for construction of a new house. _ While doing this I observed large groupings of Dutch Elm diseased trees down by the lake, which my pictures will indicate. In discussing these trees with Eric, I told _ him they were in unstable condition and could not be climbed and they had to be dropped. We also discussed the fact that they may damage other trees in the process. I didn't realized that I was in Department of Natural Resources territory. I am sorry that this matter happened but I will work with the Department of Natural Resources to restore the area. Respectfully submitted, MINUTES OF THE ORONO PLM1NING COMMISSION MEETING Monday,-November 15, 2004 6:00 o'clock p.m. OLD BUSINESS 2. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD-VARIANCES, 6:02 -6:20 p.m. Eric Vogstrom, Applicant was present. Curtis noted this application was recommended for denial at the October Plam1ing Commission meeting. Since that time the applicant has proposed reductions and this matter has been referred back to the Planning Commission by the City Council. The revised plan consists of a hardcover variance within the 75'-250' zone of 36.8 percent hardcover and an average lakeshore setback to encroach 5' nearer the lake than the property to the south. Curtis stated the applicant has submitted a tree and vegetation restoration plan for the property, with Staff currently reviewing that plan. Staff recommends approval of the average lakeshore setback variance, and should the Planning Commission find that there is a hardship for this lot inherent to the land, an appropriate level of hardcover should be detennined. Vogstrom stated he did calculate the amount of hardcover on the right-of-way, which is being used currently for access. Vogstrom noted there is no driveway currently on the property. Presently there is 2652 square feet of hardcover within the right-of-way, bringing the total existing hardcover on just the lot to 2080 square feet and combined it would be 4,732 square feet. Vogstrom indicated he is requesting a hardcover variance to allow 2,824 squa(e feet, which is a reduction of approximately 1900 square feet. Rahn inquired whether the applicant intends to use the right-of-way for access. Vogstrom stated he does not. Rahn asked for public comments. There were no public comments regarding this application. PAGEl MINUTES OF THE ORONO PLAl\TNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clockp.m. Rahn stated he has reviewed what has been discussed at the past meetings, noting that the middle third of this lot consists of a lake. Rahn stated in his opinion it is a hardship lot and it should be granted some variance at a level dete1mined by the Planning Commission. Rahn stated in a typical lakeshore scenario, if the 4,100 square feet were dry land, the application that has been submitted would be within the 25 percent. Rahn noted two-thirds of this lot lies within the 0-7 5' area. Rahn inquired whether the lot is undersized and whether a lot area variance is also required. Curtis stated the lot is 80 feet wide, with the area of the lot meeting 80 percent of the requirement. Rahn stated he would not be opposed to 35 percent hardcover on this lot. Bremer stated she feels the reductions being proposed are good and that the present plan is a much more reasonable plan. Bremer indicated she likes the proposal to shift the new house from the side lot because . itreduces the number of variances required. Bremer stated she does not have a problem with the average lakeshore setback variance given the location of the property. Bremer stated given the size of the driveway that is required and the available footprint, hardcover of 2,824 square feet is probably below what would normally be requested and is in line with the rest of the neighborhood. Bremer stated in her opinion it is a hardship lot and she would be open to suggestions concerning the amount of hardcover. Bremer inquired whether any Commissioners had any ideas for where the hardcover could be reduced further. Fritzler stated he would prefer the hardcover be reduced even further. Fritzler stated in his opinion the property owner has not done enough to try to build within· the restrictions and that he would like to see the hardcover at 25 percent. Fritzler indicated he does not want to see the hardcover increase in the next few years from what is approved tonight. Leslie commented that consideration should be given to the fact that the proposed hardcover calculation now includes a driveway where the old hardcover number does not include a driveway. Leslie noted there is a three-car garage and inquired whether the garage could be reduced to a two-stall garage in an PAGE:2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clockp.m. effort to reduce the size of the driveway and the amount of hardcover being proposed. Leslie indicated he does not feel a three-car garage is essential. Winkey inquired what the square footage is of the proposed driveway. Curtis stated it is 690 square feet. Winkey noted if a driveway similar to the current driveway were to be constructed, the hardcover would be approximately 2,600, 2,700 square feet. Vogstrom stated he does own three cars and would like to build a home that is marketable in today's world. Vogstrom stated a three-car garage is standard nowadays. Vogstrom noted the floor plan is less than 1100 square feet and that in his opinion he is not able to reduce the hardcover any further. Vogstrom indicated he does not plan to increase the hardcover in the future since he has accounted for a deck and other items in the current design. Jeff Essen, 2648 Casco Point Road, noted he was present at the first Planning Commission meeting where he expressed son1e concerns regarding drainage and off-street parking. Essen stated the street is rather narrow and the traffic goes through that area quite fast. Essen indicated he would not be opposed to granting some additional hardcover to accommodate parking on the lot rather than the street. Paul Kaster, 2600 Casco Point Road, stated the existing driveway exists totally in the fire lane, and questioned why the Planning Commission would take that piece of property and grant it as hardcover to the lot. Kaster stated the portion of the driveway that is located in the fire lane is a large section. Kaster stated that is not part of the property and should not be included in the area used to determine the appropriate hardcover. Ra:hn noted there is a large amount of hardcover in the fire lane, but indicated to his understanding the Planning Commission is not swapping that same square footage and allowing it on this property. Kaster inquired how much of the hardcover in the fire lane is being granted to the lot. Bremer indicated zero. PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. Kempf stated the applicant has indicated the proposed hardcover does include hardcover for a driveway that would now be located on the lot rather than in the fire lane, which results in a reduction in the amount of total hardcover for this lot. Kempf stated the hardcover that is currently in the fire lane would not factor into what will be built on this lot. Rahn noted the hardcover that ctmently exists on this lot does not include a driveway. Kempf stated what happens in the fire lane does not factor into the amount of hardcover for this lot. Winkey indicated the applicant currently has a property that does not include a driveway in the calculation of hardcover on the lot. Winkey stated the amount of hardcover being proposed by the applicant is similar to the amount that would be required if a driveway had been located on the property originally. Winkey stated realistically a driveway is required arid the applicant should be granted some hardcover to accommodate that, which comes out to approximately 35 percent. Vogstrom stated overall the future hardcover would be 1900 square feet less with the new proposal. Leslie stated the 690 square feet for the driveway is now presumed to be part of the lot and that the hardcover in the fire lane is not being added to the amount that would be allowed. Jurgens inquired what 690 plus the existing hardcover number comes out to. Vogstrom stated it would be 36.1 percent hardcover. Rahn stated due to the configuration of the lot and the two 0-7 5' zones, it only leaves 7,600 square feet in the 75-250' zone. Rahn stated the zones established by the City do not always work on lots similar to this property and that if the City only required a certain percentage be met, this discussion would probably not be necessary. Rahn noted due to the small amount ofbuildable land within the 75'-250' zone, the hardcover percentage would be larger than normal. Rahn indicated he does riot feel the driveway can be reduced further. Essen inquired whether the hardcover on the right-of-way would be removed. PAGE4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. Gaffron stated that issue should be reserved for the City Council and perhaps in conjunction with the Park Commission and the Public Works Department to detem1ine what the function and potential use of the fire lane is and whether the existing hardcover needs to be there to serve some public purpose. Gaffron stated the final decision concerning the driveway in the fire lane should be up to the City Council. Essen indicated he would not be opposed to shifting the house five feet to the north and ·have a variance granted in order to give more room to deal with the water runoff on the south side of the house. Vogstrom stated he also would prefer moving the house five feet to the north to avoid driving over tree roots and to improve the grading situation. Rahn noted Greg Gappa of the Public Works Department has been consulted with and has indicated he did not want the house to encroach on the fire lane. Ralm stated he would prefer not to have to grant that variance. Bremer inquired when this would appear before the City Council. Curtis_ stated she was planning to have it ready for the next City Council meeting. Rahn suggested the Council discuss the possible encroachment at their meeting since the Public Service Director would be in attendance at that time. Jurgens inquired whether the applicant was planning on having Spancrete in the garage to allow for an area underneath the garage. Vogstrom stated he is not sure how he would be able to access that. Jurgens noted if there were an area underneath the garage, a landing might be preferred. Jurgens fodicated he is in favor of hardcover at 35 percent.. Jurgens stated he does have concerns about people buying substandard lots and then wanting to construct a new residence on it Jurgens stated the - three-car garage and other features to this house are not a hardship. Jurgens stated he has a concern with the lakeshore setback since the house could be angled a little more and perhaps slightly reduced, which would eliminate the need for the average lakeshore setback. Jurgens PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. commented he understands the house has been placed at an angle to allow for view of the long side of the lake, but that in his opinion the house could be angled slightly to eliminate the need for that variance . . Vogstrom indicated he was surprised a variance would be needed given the distance from that point-to the neighbors. Rahn moved, Bremer seconded, to recommend approval of Application #04-3052, Eric Vogstrom, 2618 Casco Point Road, granting of a hardcover variance of 36.8 percent hardcover in the 75'-250' setback zone, a variance for a five foot encroachment into the average lakeshore setback, and to recommend approval of the tree restoration plan subject to Staff review and City Council approval. Rahn noted he does not see any areas where the hardcover could be reduced further. VOTE: Ayes 5, Nays 2, Fritzler and Jurgens Opposed. Bremer inquired whether Jurgens would have allowed hardcover in excess of 25 percent but less than what was approved. Jurgens stated he would have. PAGE6 Date Application Received: 08-18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 11-13-04 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Cmiis, City Planner 1µd September 13, 2004 04-3052, Eric Vogstrom, 2618 Casco Point Road, -Variance -public hearing FILE #04-3052 September 13, 2004 Page 1 of 5 Zoning District: Lot Area: LR-lC, One Family Lakeshore Residential,½ acre/100' 0.47 acre (20,561 s.f.) Width: 100' parallel to the shore 80' (a), 75' setback Application Summa,y: The applicant is requesting a number of variances in order to build a new single family residence on the property. The application consists of the following: · 1. A hardcover variance for 57.9% hardcover within the 75' -250' setback zone where 25% is normally allowed and 26.4% currently exists; and · 2. A variance for side street setback of 10' where a 15' setback from the adjacent right-of-way is normally required; and 3. An average lakeshore setback variance to encroach 10' nearer to the lake than the property to the south. Staff Recommendation: Planning Department Staff recommends the following: 1. Approval of the average lakeshore setback variance; and 2. Denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. Hardship: Staff does not find that there is a valid hardship to justify granting a hardcover variance or encroach. on the side street setback. Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, iot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard (feet) Side Yard Rear Yard Side Yard Adjacent (acre) (feet) (feet) (feet) to Street (feet) 0.5 100 30 10 30 15 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. 1 FILE #04-3052 September 13, 2004 Page 2 of 5 (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. (Ord. No. 101 2nd series,§ 1(10.56(16)(L)), 2-24-1992) Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0--1. 99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. Sec. 78-1. Definitions. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area frequently under water which serves as a watercourse draining higher land on which sustains emergent aquatic growth or area which has been dedicated as public right-of­ way. Sec. 82-2. Definitions. Dry buildable land means land area occurring within the property lines of a parcel or lot, excluding drainageways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater. Lot area, minimum, means minimum area required for each proposed lot as prescribed in chapter 78. In rural zones not served by sanitary sewer, each lot must contain a minimtm1 of two acres of contiguous dry buildable land exclusive of wetlands, public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water or areas at or below the floodplain elevation for a specific property. All rural lots must comply with chapter 58, article II. In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. List of Exhibits A. Application H. Wetland Delineation Report B. Hardship Documentation Form I. City Engineer Comments C. Existing & Proposed Survey/$ite J. Pre-Application Meeting form .... ·· Plan K. Letter from Neighbor (2648 Casco Pt D. Proposed Plans and Elevations Rd) E. Submitted Hardcover Calculations L. Survey for 2648 Casco Point Rd F. Building Footprint Illustration M. Property Owners' List G. Old Survey dated 03-17-54 N. PlatMap 2 Background FILE #04-3052 September 13, 2004 Page 3 of 5 Eric Vogstrom is the applicant and owner of 2618 Casco Point Road. The applicant has requested lot area, lot width, hardcover, and side-street setback variances in order to build a new single family residence on his property. The property contains 20,561 s.f. of non­ contiguous land, divided by Carman Bay and wetland. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (½ acre) 100' Actual 20,561 s.f. (0.4 7 acre) 100' @ shoreline 80' (a) 75' setback Setbacks: LR-lC Required ExistinQ Pronosed Lakeshore 75' 75' Rear 30' 30' North Street Side 15'. 10' South Side 1 O' 10' Average Lakeshore The home on property to the south is set back 86'± from the OHWL; the applicant's proposal shows a 75' setback. Technically, the applicant needs an average lakeshore setback variance however; lake views from the property to the south will not be impacted by the applicant's proposal. Structural Coverage: Total Lot Area Total Structural Covera2:e 20,561 s.f. (0.47 acre) Allowed: 3,084 s.f. (15%) Approximately 16,400 s.f not including Proposed: 3,002 s.f. (14.6 %) the portions of the property to the East of -------------------------------------------------- Carman Bay Adjusted Allowed: 2,460 s.f. = 15% of 16,400 s.f. Hardcover Calculations: Hardcover Zone Total Area in Allowed Existing Proposed .Zone Hardcover Hardcover Hardcover 12,888 s.f. 0 s.f 0 s.f.* 0.--::.15 .... (including non-0 s.f. .. ··•--· . '~-. .. contiguous property (0%) (0 %) (0 %) . .. east of Carman Bay) 75 -250 7,673 s.f. 1,918 s.f. 2,028 s.f.* 4,442 s.f. (25%) (26.4 %) (57.9 %) * After exclusion of fabnc or plast1c-lmed landscape beds ,.., .J FILE #04-3052 September 13, 2004 Page 4 of 5 Side Street Setback Variance . Bordering the applicant's property to the north is an undeveloped PD;blic right-of-way. The applicant's property is approximately 80' in width. Allowing for a 10' setback on the south and a 15' side street setback on the north leaves a 55' wide buildable area. A reasonable home can be constructed within this width. The City Engineer's comments address the issue of house size relating to drainage. It is the Engineer's thought that the size of the home as proposed will need to be scaled back to allow for appropriate grading between the lots in order to avoid directing drainage onto neighboring properties. The applicant's proposal brings about some challenging drainage issues· for this property.· Hardcover Variance The applicant is proposing 57.9% hardcover. The existing residence arid hardcover are just above the allowed limit for the 75' -250' setback zone at 26.4%. The existing home has an approximate footprint of 1,184 s.f.. The applicant is proposing a 3,002 s.f. footprint to essentially "max out" the 15% structural coverage amount based on the total dry land area. The total property area is 20,561 s.f.; however this includes an approximate 4,000 s.f. po11ion separated from the building site by an inlet of Cannan Bay. The contiguous land area is approximately 16,400 s.f.. The applicant is basing the structural coverage amount on the total non-contiguous parcel above the 929 .4' elevation. Neither the lot coverage ordinance nor the Zoning Code definition of "lot area" clarify whether the lot coverage percentage should be based on contiguous area. The Subdivision Code definition of "minimum lot area" (Cite 82-2) would disallow non­ contiguous land as creditable toward lot area. The prope1iy to the south (2648 Casco Point Road) is similar in that it also contains a noncontiguous "island" of land. In 1985, an approximately 3000 s.f. home was constructed at 2648 Casco Point Road which, based on the contiguous area of this lot, is 10% lot coverage and 21 % hardcover. This lot is considerably larger than the applicant's property. However, the applicant's property is only slightly substandard in area and width. The 15% lot coverage amount is a limit, not an allowance. On lakeshore properties the limiting factor very often is the hardcover percentage, not the structural coverage amount. A similar sized lot, Loffler, 1690 Shadywood Road, Application #04-3009, was 80' -83' in width and 0.39 acre and was limited to 33% 75' -250' hardcover (the hardships included being on a busy County Road and needing a backup apron; the non-optimal lot shape; and the inability to move the house nearer the road due to negative impacts on lake views due to the location of adjacent homes near the shore). That house was reduced to 14.7% lot coverage in order to make the hardcover work at 33%. For the applicant's proposal, a 3,002 s.f. footprint, 1,225 s.f. of driveway, and215 s.f. of sidewalk make up the 57.9% proposed hardcover. There are no patios proposed and only one 18' x 11' deck on the lakeside of the home. The driveway and sidewalks as proposed seem excessive at 31' and 8' widths respectively. The curb cut of the driveway is not permitted at greater than 20' at the street. The driveway as.proposed would need to be reduced at the curb, and would need to be substantially reduced overall to bring the 4 hardcover down to a reasonable level Hardship Statement FILc #04-3052 September 13, 2004 Page 5 of 5 Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /11 considering applications for variance, tlte Planning-Commission sltal/ consider tlte effect of the proposed variance upon tlte ltealt/J, safety and welfare of tlte 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 t/ze surroundillg 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 undue hards/tip because of circumstci11ces unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be iu keeping witlt the spirit and intent of the Orono Zoning Code. Staff finds that there is no hardship inherent to the land which would justify the side street setback variance or the hardcover variance as proposed. There are no ctment or future plans to develop or vacate the Casco Point Road right-of-way along the property's northern boundary, and the future public use of the right-of-way is unknown. Staff believes that the allowed 55' wide building envelope is very reasonable and a setback variance to the side street is not justified. If the Planning Commission concludes that the applicant should get credit toward the structural coverage for the dry land on the non­ contiguous portion of the property, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Summary of Issues for Consideration 1. Side street setback; 2. Lot coverage determination; 3. Combination of reduction of lot coverage and hardcover to a reasonable level; and 4. Level of hardcover variance that is justifiable. 5. Please review the comments from the adjacent property owner regarding drainage, parking and tree protection. 6. Please review the City Engineer's comments. 7. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Planning staff also recommends denial of the side street setback variance, and denial of the hardcover variance. The application could be tabled for revisions if the applicant requests tabling. 5 Dec 02 04 07:46a VOGUE HOMES (952)474-8455 p. 1 !;2-/-0L-j ()L £.-1)-5 C. e.v:.. n.::..--,._,,::; rn. '-1' /yt7pc .. 4 G-fJ-rl o 10 /:J2Yi--D L; Ai I::: Jr,-; crHt::::.r7 (p 0. DA<-( S -/~ ppL i C.t'rJl c. ,u # 0'-f -'3wS~;)... £4t- )::._~1, (.__.. U o 6 -=sr-(2o t~ December 8, 2004 Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: Restoration Plan for 2618 Casco Point Road 0 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is regarding the replanting and restoration plan by Markell Laberee Design Group dated November 8, 2004. Planning Staff has conducted a preliminary revievv of the plan. Given that the removals have significantly altered the appearance of your property from the lake, as· well as from the. roadway and neighboring properties, staff advises that the following revisions are necessary in order to gain staff suppo1i and Council approval for the plan: 1. A buck:thom removal and vegetation restoration plan should be submitted in conjunction with this restoration plan. Buckthom should be replaced with appropriate native shrubs per the attached suggested list. 2. The replacement trees have been proposed along the property lines. A revision should be submitted locating some of the replacement trees more centrally on the property between the house and the lake and on the point. . 3. Implement a wetland buffer 20' wide land,vard on the western portion of the cove. The buffer should meet the definition of acceptable buffer as defined by the attached draft wetland ordinance. 4. The survey and/or restoration plan should be revised to show the following: a. Traveled right-of-way of Casco Point Road; b. Additional stumps (City staff identified stumps in the field which were not indicated on the survey or restoration plan); and c. Identify areas of buckthom and additional dead, damaged, and diseased trees slated for future removal and restoration. Please submit a revised restoration plan meeting the above stipulations. Please submit the plan to my office for final review by 4:00 pm on Wednesday, December 22. As a reminder, the Council has indicated that an approved restoration plan is an integral part of the redevelopment of this property. Please contact me at 952.249.4627 if you have any questions. Sincerely, City of Orono 1 . -l {.✓{llLtt:tr::~Cut)J Melanie Curtis City Planner enc Telephone (952) 249-4600 ° Fax (952) 249-4616 wv;w.ci.orono.mn.us City of Orono BXH181r A 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-'.)066 Application # OL/-~{)i3Z. Date Received: (Jf If Cll-/ / Amount Paid: U/){J. tfO ✓ Staff : /t1attf1 t(,, Fee: $600 ---------Renew a I: $300 --'---------A ft er -the-fact: $1,200 Double Fee This application form must be completed in full. Ap~·:cant 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: ,;?(o I 9 GAS<-:o Po110T (lo AD Property Identification Number (PIN): ;;z_o --Ii 7 -,J--3-;;Jc.f-0038 (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): 8~3i-Oi--/ □ Yes, I own the adjacent parcels. Present use of property: ·¢.,Residential □ Other Zoning District: APPLICANT INFORMATION: (Complete legal na:-:-:es and marital status required for each interested party) Name: f:J?.{L lJObSTJt'D)tl'l Phone (home): q $';).-c..-r7'-1 ~ 8'-l'--1 8 Phone (work): & t,).-~$0 -°!Seo Add re ss: cl Of!l-1 o c.+tJ-\:1.J /0€.L-a tz.t v £ 6 ,t,{::_e_t0 L00 o D ,V/1 .AJ ss s ~ J Email: L:::-:,,UL (f!.._ (106.uG HomG::S ::p.pc.... Co M Fax: C:ZS;;l-'-/7'-t-'iry:s;-s OWNER INFORMATION: (Complete legal names 2::d marital status required for each interested party) Name: Phone (home): ------------Phone (work): Address: Email: Fax: . '~~;E>ESCRIPTION OF REQUEST: Estimated Project Cost: $ i,Oescribe the request in detail (attach additional sheets if necessary): ----- ;_•;.';,_ THe-l,.)D~L::Y,Y.} F'H-t.ct:::i-· iS fyJ.) 4P i r11 P#osetv jZO/tP /WD W,l.,L-/veV'O"l.. D!l. f-f}Wi;!: Wl'f /.!JD1'Z:f1--it::ll--/J S.tDI::: 's;:.c;i BM,t:_ i3.E iD FooT IPSrc:m::> OF i5 FocT., l: 11-tll.)iC. A-;o FDOT !;;eT BJ\GIL IS. PIH(L i3t:::.C.4<-t5'i:::. TH£ lfl..JimfJ'(tWc=..7::? j'20/":t'P ·'!! ;·:2.·-=;;2_:r ___ __,_1_s_·~t::t~·-~vr~-5,cr~· ~=B.~~--~+-.' --' _15 ..... e,..'_(...4_t.,,_S~<:::..--__ tc_-_,._,J-t_P_IGA_· _-L_t.<::_Y_~1~r~/~$_/~\)_O_T_A_· _· ~(Z_D_l't'[)~----- t{)~~~:·;:.t:.···'-.. :•."~ ..... ::~-~\ --------------------------------------- } \ :i' WLXi<---r::> AL-So L-Jtl.£., A-/-tltil-D c.u'-"'Dl. ut-trU.11-1->cc,., my c.cr Is 80 xSoD ~i ',.~'./ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ □ □ □ □ □ □ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is 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 o · potential merit Applicant's Signature: Applicant's Signature: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of invesligationa~ request. Owner's Signature: ~ ~ Date: Owner's Signature: ~ Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. tXJhsvrB Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 8 I~ "The property in question cannot be put to a reasonable use if used conditions allowed by the official controls." ft>J<.-1111::; 5/Zt:; ot: fl1E l.a r .f2 ~ /,JoT }CC/1So1v/HN ... y under "The plight of the landowner is due to circumstances unique to his property not created by the landowner." ,rriy Pfl-OPGY:i ts. lAJJ,jGiu.e... 8eL-AftSC::: D&l:::JfL. 0ol'y1} o(=o-wij "The variance, if granted, will not alter the essential character of the locality." fJ o ~ µ o, M (tl.l, -11--us uAru1t1;;;uz w{l,l,.-1-tc,Lf? tut "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenms of the Zoning Chapter." ::[! M. /\Jr;.[ St:;J;;iC--il.X:, /-}-(J/t,z.tMU:£. ~;l e::_z.r;;.;r,~1L... {Z£,1:1fi/J,.5 )< 6. 8. 9. 10. (11) \ Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J. 06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." 'J1-IC: 2-cDil:X .. 1 IS lf'IY1Z(,fll-11~ "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 1rtcut: JS A-Couu:. iH ,:1 r s·r,:;_.1rs ;1-1 y ur i.lJTV -rw.::, "The conditions do not apply generally to other land or structures in the district in which said land is located." '{I-le.-/1-E!,DiJC:,. /rt..:.S'i.x::U: t5 L./pi<..'vl/C /J-J.;,;;, ,02fc.c'5 /i.,;:·F "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." /!i~r l);.f",7.,( IJ1..::.ic:e:. t)N ;it i /-1/.Yilt_J ('.:.•o .. ~/1.. 1 -s; j.){:;X, e~7>lii<t·"(' 7'D ?r'lJ>> 0/ll'(. :-" '74: 7 :s Slt pr 15. 66'1 t.J{., c· 6/.J 5:, Dg.t L,::> j:::c ,f. C ,:) L cc..rr: lt7?;v(7 fl;-tii,/X "vc::.Jt "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." :pr iS /..JOT A-co;Jvc:Jv1cpCe.. -~ pc,,r t,,?au1-o &:: Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): h1HvOSH!P ( LjD ool) Slt FT) I . . .. 7H£ L.-Jl-vo l~BoVi£ °ldcJ, C, IS ;;2<:>, S'bl S6>Pr m Y srxy, q-u }'le r= 1r c; F1f..;:,t£:. (,;;; 01 $6 l x· _ 1_ s °l_v ·== s O B<-t ) YYt '( S Dul q-u .. f.-1:!: l 'S O J.)L y 3 CO ;i_ LD i 1r1 /"\ I::> i::::-.-r.A<.. __ . l\.?JJ11 m~ u.J..J;@Ltt:;, ~ T -:p. HA--V& O(}_~ go o/?1_ OF iT . IS i 6J lJ-i t;;; a 0-7S 7o 13/r. _f¼L ., J:. HI}{,€ $EiJ:=:IJ f11 M_l.f 6 JHaL. i....o ,S w lTl--1 SJ /n/ c.--,;,;...1< 5 Ltl-1 lrrJ oj..), S ]r-1 k' T H !yy_/:E <§ b TTt::JJ A-H ltTvD Co u Eit-_ ll J+Je1. 11-/v C-€ d ,Jl l()'{Jc.,ll-{) L-IJC,IZ 10 q,l:Ci"' ft-frftt,p C.oUc=]/{., Vi4r1{,t1tf.,;;(.,6£ !-=_o)ll,-S'f'). % HJtrlQLDUe;::rt...-_ l,AJf-1t(-J--f.JE fi't;Gt 17t1t:e:. J4'7'-/ t1::::--;..JT1_1e-e; <-OT /'°TD A,l,Coup·r (/Ou! (/J.t;Jv s;_t::::g; IS IJOJ tftv i//L-?f'S,t>M l-H3.L/;?::. Ar_ AU:.. .. ~0.4 - ---GJ --/ :l'"qi-t,,, ---. X 9\.2 / Pq'*'ir1 / --. °¥ 9)4.6 / -4re0 / 1 , ~-✓ I \ / , "'-I 'SI- ·. ; 'SI-\ I . "' I ,:,-, \ X947.2 . "-.. 1 i P (j s, -0 I ~ I I ~ N ! I i ; :::) I )POSED .K 215 FT.-- ~/~l , *9{4.5 ~ "'-I \ I \ s 89. 3 'oo '1 E orth lint/ of Block JJ, Winships \ X9 0.8 / p 1 ,- __ 2 1. 10-/-_ ~ub~ °/_ Lot I, Slfing Pork 2nd Addi1 ~ ~ ~ ~ ~ \J-"'":) 0) "'" ~CJ~ I\ ';1-• If I/ l::; Q:-'-JJr. ·S ~ ~ ~ 4== & @ ) ~ 1 PROPOSED \V!& DRIVE 1,22 • c:::, C\: Sa-EL X9~5\)(.v ~ 1/ :::t48....-J C\J I / <= /' r ~ I )t'-J-,ll-Y:-'!-i-----\\----1----i--.,1--- -J 1 _. { I' /J '3#;l &'I' /5fj g cy1 r l>' 2> .-A > I .... _, I LE // <949~ 4, 1''=;20 .., I I X9M.3 _ // x:;1/L/~,7 I T ,;r / _LI X943.7 X943.7 X946.9 0 ..,,. CJ) 937.3 I I co I'•) er:-; V "°) 0) I ; 932. I I I f ~ i.l l> -~ ,& ~- ~ :,. ,~ I e, ~~ I r l29.9 ~ I 5 I ~§ .... <., ~ I ..._: () ~ ~'ti I ~is 929.6 929.6 I I I I I I \ 040X:I~ 20/117.'2~ VOCiCE HOMES ADVANCE SURVEYING & ENGINEERING CO. 5:100 S. Hwy. No. l O I Minnetonka. MN 55:145 Phone (952) 474 7964 Fax (952) 474 X267 SURVEY FOR VOGUE HOMES SliRVEYEll: July. 2004 ~ July 23. 2004 REVISEO: Au!!ust IC,. 2004 to show client's proposal to remove existing improvements and build a new home and driveway with associated grading.. for the client's review and for the review of govenum:nlal ag1.;1u.:ie~ ~ August IX. 2004 to show revised \muse plan. .!lli.YlfilJ1. S.:pternber 10. 2004 to show mon: cxistin!! Lopo on lot to South and revised swak. LEUAl. llESCRIPTlON: The North XO feet or Blod, 3. Winships Subdivision or Lot L Spring Park Second Addition. Hennepin County. Minnesota. SCOPF OF WORK: I. Slrnwmg the length and direction oC boundary !i111..·-. o!' thL· abmc lq1;1l di::-.t.:tiptiml The sL·opi.: or our service~ dm .. ·-. ~ include <lcLenniumg what you own. whit:!1 1-. a legal matte1 Plca~c check the le!!,al description with your record~ ur con-;u\t with compctcnl legal counsel il'11cce~sary. ltl make sure thal it i~ correct. ;u1d tliat ai1y matter-; t1[·n:n1rd. ~ud1 as easement:-.. tl1at you wi-;h ~hnwn on the survey. hm e been shown 2. Showing the location or existing improvem.:nt-; we deemed imprn1a11t. J. Setting new monuments or veii!'ying old monuments to mark th1..' comers of the propert) -L Shmving. and tabulating hard cover and area ufthe !ot ior your review and !'or Lhc rt.'\'icw nl such govemmemal agencic-. a-; may h,n,c juri-;dit.:tion over lwnl cm er rcquiremenh 5. \Vhik w .... · ;,how proposed improvcmenb Lo youi property. \VL' 1rn1 a-. (iunilia1 with yow plan~ a~ you arc nor are we a-; familiar with the requirement-. or governmental ag.encic.-. a.-. thcii employee~ arc. We suggest Lhat you review thc survey tu confinn that th1..' proposal:-arc what you intend and submit the ~urvey to such govcrnmenLa! agencies a~ ma~ have jurisdiction m ei ynu1 project to gain their approvals if you can. Ci. Showing elevation~ on the site al sdcctcd locatioib to gi\•e so1111..· indica1ion or the topography n[ the site. The elevations shown relate only to lhc benchmark provided mi thi-. :-.11rv1..•y. Usi: that benchmark and check at lea~t one other fcatun: shown 011 the map when detemm1in1_.! other elevation~ for use on thb site. STANDARD SYMBOLS & CONVENTIONS: "•" Denote~ 1/2" ID pipe with plastic plug beating State Lic1.;11;,c Number 9235. set. unlcs~ olherwis.: note<l. l hereby certify that this plan. specification. report or survey wa:-prepared by me or under my direct supervision and that l am a hecns.:<l Professional f:nginecr and Profcss1(1nal Survcvor under the laws of the State (Jr Minnesota. _ _;cp • .U.lll!Ul~ Parker P.L & P.S. No. 9235 ""'!!~----­ --~! PROPOSED WALK 215 so. n: X949.8 X949.5 X949.2 X948.2 X946.3 X948.4 949.2X X948.9 X949.1 X948.2 X946.9 PROPOSED DWELLING 3,002 SO. FT. INC. DECK TOP FOUNDATION= 950.5 LOW FLOOR = 951.8 GARAGE FLOOR = 950.1 X943.7 X943.7 X9Ja1 X9S7., --- s lJ .J-oo· £ --2 1.10-- ~, .... ' \) ' ,.; X932.4 X932.6 --- 75 "North JIM of IJlock ..I ~ !Silbd. of Lot I, Spring Ptllc 2nd AddltJon 7 932.3 I c, \ v' \ I/ X929.9 929.6 _ _J __ X929.9 929.4 929.7 929.6 929.7 X9J2.2 X931.B X931.7 X932.0 X931.J GRAPHIC SCALE 1j T ( 1K JlllZT ) r F<c)cld X930.6 (• 1nirnr-,,-", ''")d'1 ,U,11111~..,1 \.Jv'C ...... X930.5 ___ ....J X939.J :>(932.0 Drw. No. 040838 ~ ' ~ . i <. :□ j D " <.; -fa. -E3 I □ tx··1131T 7) / a- ( ~+------II 11 ii ii !I ii ii E3 ii 11 , II 11 D,DI i:r> I (") LO co I i:o _I F-- 1 r--..- c-;, ------------------53'-3" -----,--------------- 6'-1" --"!-3'-5"~ 10'-3" 1 '- 7 " 15'-5" ___ ___. ... 4•.2" -~·- 7 ~ -~-~~ -=-3_ l __ BEDROOM 18'-5"x 18'-1' STORAGE 13'-5" X 15'-7' REC. ROOM 22'-9" X 37'-3" HOUSE UTILITY 18'-2' X 7'-3" 7'-9" --"'--------23'-6" ---------1.-----------31'-3" ---------- BASEMENT PLAN 2847 sq ft DECK 18'-3'x 11·-1· BEDROOM 16'-2" X 18'-3" GARAGE 32'-8' X 24'-11' F-- 1 ~ -.;t" 5'-0" co I F-- 9'-5" ---'---------23'-7" ------------- r=-6'-2" GREAT ROOM MASTER BDRM G 12'-6"x 17'-3" ~ L-=7'-9" @ FOYER CLOSET 7'-5" X 7'-4" I I rci ____________ ~4" ---~J MAIN FLOOR PLAN 2900 sq ft «? MDECK '11!1"11"x 13'-2" CV) clJ ~KITCHEN BEDROOM 31 '-4" X 25'-8" LAUNDRY 17'-1"x7'-8" .::-~l:.3AC< ZON.:.; (CBC"....F ''f.E) 8 ~1SIT'iG EARDCOv"TR N ZO:'i"E A.. .Hcuse B. C-ar-4~ C. Drive--,,ray D-Sici.ewatk E. Patio/Deck F. Landscape Underlain By Plastic G. Other -.... X -,._ X -"" X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 0 ... B \ 2 1'8Bp PROPOSED HARDCOVER IN ZONE A. House Inciudes D. Sidewalk E. Patio/De:.~ F. t.ar:~ Unde:.-fain By Plastic A X X X X X X X X X X -'! X X X X X T07AL E.~~cov-a IN ZONE TOT.AL PROPERTY .A ... 'tlEA IN ZONc + B ~O'j. SoO W-Jd?h 11 = = = = = = = = = = X 100 = prep e-'4'.'j = = = = = = = = = = = = = = X 100 = S? .. ------ ______ s_=_ ______ s..:_ ------~~- ------s...:..-= ... S-F .. ------S..:. ------ ______ S.?". ______ S.F- ______ S.F. ______ S.F. ______ S.F. ______ s.F. _____ S.F. ______ S.F. 0 S.F. l'2.188P. S.F. l1 % E., -=-+ 0. Co-.X"O""\o..n S-F. S.F. 5-F:~ S.F. ,.: . .,. .,. ,-s.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _.,.. .::,..c_ S.F. S.F. 0 ~ £.F_ irz ~y\£\ ,;::;:: ........ ~ 0 % :;Lo 7 S0 l S~ Pr A B~ r -~ .,. \ ~ )! At-~ '->?:; \~; c-A J .:"l, B ' do, 5 '-'l SQPr 'f-. ,s'0/0 s·tK--l,crurze _ 308'-f s~ R ~T.3AC< ZC!'.'i~: (CIRCLl. ,NE) "--@) ~( J' S-iJC-lGGu' t,.:..~~ - EX..1-:'! i tYG E.!.~COv""ER N ZO~':::'. ' \ 84 A. Hcti.S'e X = s.:. ;'-~': w;;:::i X = ~_,'-_ -~ = s.:_ ,,. = ~...r-.. B. C-ara§e .,. = ,::: ~ _ ......... C. Driveway X = :::: ..... -.. ~ = S.E. ,,. D. Siciewaik X = ?J97 S.? .. X = S..F. E. ParioiDeclc X = L\ t G S.F. X = S.F. F. ~e CO<.Jt=--±Qf X = I 5 S.F. Underlain X = S.F. By Plastic X = S.F. G. Other P lcx.Y\+er X = lG S.F. TOTAL HARDCOVER IN ZONE 202-8 S.F. A TOTAL PROPERTY AREA IN ZONE ·16 ,3 S.F. B A 'C..02.~ + B 7/473 X 100 = '.26i~ % ,- -' PROPOSED HARDCOVER lN zo:m; 3002-A. House X = S.F. l.cngrh Widlll X = J S.F. X = S.F_. X = .s.F: ~ ~!"·" - B. Gar-age X = -;, :S..F. C. Driveway X = ' '2.25 S.F. -"" = S.F. D. Sidewalk X = 2\S S.F. X = S.F. E.. Patio/Deck ... = S.F. ,. ~ X = S.F. -r t-,,..~ X S.F. --.... Unde!-l.ain = _.,... X -,..:. By Plastic X = s.F. G. Othe:--"" = S.F. TOTAL EARDCOv"ER IN ZONE 4442.. : S-F ... A TOTP...L PROPERTY A ... ™ IN ZON.::. 7"G_,~ ~..r. B ,._ .;-B X 100 = 51.~ % ,.,. 11 1JJ JOSED , 215 er.-- ~ ~ .~ ~ ~ ~ ~ I ~ ~ I ~~ ~ ' I .\) (\ _. X 9~5\i'Y C\J I G-) I 49 .IL 1--- I i / • X 9.ll-6 .3 --~ _41 -/ ' . ~ "Jo ~o..:l" ,.,_,,/".,,., I X943.7 , / / X943.7 I -r I I ~ 10 , w l~~~ • \~t,9,vl{e-A ~\~etl .--•-~vild•~ f •, -:::= (?)/\VUIN1b -·--r ········ ~ == V&Y•~ I ll Ve6'v~&:\ -zo' -~ 91' 1932 I I J I : t~/ I ' I/ D~ A . /. ,~ \ v- f") I . { ct <rt: t'. \ ~ 0) I ~ ~ I Q) 0 ..... ~ ~"': I .._ 0-, 0~ i 0 I lij § 929.6 I I I I I 929 .6 I _J \ ., . ,'I er,! ,/ __ -----... _····--...... -+---·--.. --~ z. I I I -~ /Zt_ Dock ' I .,,,.,.. .. ---~---........ . / / I j ·-\... o_ If) \ ) / __// Plat of Survey for :&tan Rese in mock 3, Winship 1 s Subdivision of Lot 1, Spring Park 2nd Di visio: Hennepin County, Minnesota .. Scale: l" = 50' Date : Mirch 15, 1954 o Iron marker Datum elevation: ·Gray I s Bay Dam == 9.29.40 1 Water surface of liike Minne­ tonka on M:irch 17, 1954, = 929.42' according to records on file in the off'ice of the Hennepin County Highway Engineer. KELLEY & KELLEY, Engineers Long lake, Minnesota f1}116(T. +f 2618 Casco Point r. Road. Orono, MN Prepared by Svoboda -~co logical. , Resources for: · - Eri~ Vogstrom ,~fland,Classification, , ,. Identification, and Delineation , Project No. 2004~104-03 '. · , · 'Aµgust 31,2004 SVOBODA ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources & Environmental Consulting I September 3, 2004 Eric Vogstrom 20840 Channel Drive Orono, MN 55331 RE:· SER Project Name: 2816 Casco Point Road 2004-104-03 SER Project No: Project Location: A portion of the SE·¼ of the NW ¼ of Section 20, T 117N, R 23 W, _City of Orono, Hennepin County, Minnesota Project Description: Wetland Classification, Identification, Delineation and Staking Services Dear Mr. Vogstrom, As requested, Svoboda Ecological Re~ources (SER) personnel visited the above ref~renced property on Augus_t 31, 200'4, to examine the site for the presence of a~eas meeting wetland criteria. Criteria for determining jurisdictional wetlands are as described in the 1987 US. Army Corps of Engineers Wetlands Delineation Manual ( 1987 Manual) il,S required by the Minnesota -. \ ' ' Wetland Conservat10n Act. , · ·· • -. The project site is a small irregularly shaped one-acre lot separated by a small flooded inlet ex ten.ding in a nort~erly direction through the center of the property from Carman Bay in Lake Minnetonka. The lot is sparsely wooded on the western side of the property but becomes denser along the periphery of the. flooded inlet. The property is relatively flat closest t'o the basin but has ~n approx,imate 15 percent incline an the western side of the property which extends further west. The incline begins to level off after an approximate 12-foot increase in-elevation. An abandoned single family home exists at the top of the hill on the western most portion of the property. The project site is bordered by Casco Point Road on the western end, private properties on its northern and southern sides containing single-family homes and Cannan Bay on its east-southeas'tern side. The property lies within the SE ¼ of the NW¼ of Section 20, Township 117N, Range 23W, City of Orono, Her:nepin County, Minnesota (Figure 1 ). , METHODS National Wetland Inventory,(NWI) maps, Minnesota Department of Natural Resources (DNR) Public Waters i:naps, Soil Survey of Hennepin County, and aerial photographs were reviewed prior 2477 Shadywood Road • Excelsior, MN 55331 (952) 471-1100 (Office) • (952) 471-0007 (Fax) to the site visit to identify areas of concern. Areas illustrating evidence of wetland conditions were examined in greater detail during the field survey. Vegetation, soils and hydrology were examined (as outlined in the 1987 Manual) and used to characterize wetland types and determine wetland boundaries. Sample transects were established in a representative wetland-to-upland transition zone in order to characterize the vegetation, soils, and hydrology of the site. The transects consist of one representative upland sample point and one representative wetland sample point. The number of transects completed per basin depends on the size of the basin and/or the number of wetland types associated with each basin. Other samples were taken at unmarked locations to provide verification of the wetland edge as needed. Information obtained from the sample points can be found on the field data sheets located in Appendix A. The wetland boundary was marked at the site by blaze-orange "wetland boundary" flagging attached to 4-foot wooden lath. The wetland boundary is considered to be the topographically highest extent of the wetland basin; areas below the staked boundary met the three required wetland criteria while areas above lacked one or more of these criteria. Wetland classification followed methods described by Cowardin et al. (1979) and used in the NWI completed by the U.S. Fish and ·wildlife Service. The Circular 39 classification (Shaw and Fredine 1956) is also given. The indicator status of plants was determined using the National List of Plant Species That Occur in Wetlands -Minnesota (Reed 1988). Explanation of the plant indicator categories is provided in Appendix B. RESULTS AND DISCUSSION The NWI map (Mound Quadrangle) illustrates one wetland basin on the subject property. The NWI identified wetlands on the property consist of a Type 3/5 (PEMC/UBH) wetland on the southeastern portion of the property (Figure 2). · The Soil Survey of Hennepin County indicates three individual soil types on the subject property (Figure 3). These individual soil types include: Hayden Loam (HbB and C), Klossner Muck (Ma), and Bellville Silt Loam (Le). See Appendix C for a description of the soil series for each of these soil types. Of these soil types, the Klossner Muck (Ma) is classified as hydric soils (Hydric Soils of the United States). The DNR Public Waters Map of Hennepin County illustrates one public water (913w) on the subject property (Figure 4). SER personnel examined the subject property for areas meeting jurisdictional wetland criteria during the site visit and delineated one area as being jurisdictional wetland. Detailed vegetation, soils, and hydrology data for the wetland are provided in the data sheets of Appendix A. Basin 1 is located in the in the southeastern portion of the subject property (Figure 5). SER delineated the boundary of Basin 1 as a palustrine (P-) type wetland exhibiting emergent (-EM-) vegetation with a seasonally flooded (-C-) moisture regime along the outermost portion of the basin and a palustrine (P-) type wetland with an unconsolidated bottom (-UB-) that is permanently flooded (-H) in the central portion of the basin or a Type 3/5 (PEMC/UBH) wetland complex. The wetland boundary was based on a dominance of Narrow Leaf Cattail (T_vpha angust(/o/ia, OBL), and Wild Mint (Mentha arvcnsis, FACW) on the wetland side of the boundary and a dominance of Common Buckthom (Rhamnus carthartica, FACU) on the upland side of the boundary. The boundary was also based on an abrupt decline in elevation from upland to wetland and the fact that the soil was either saturated to the surface or flooded in several areas along the boundary on the wetland side SER used 20 lath to delineate the wetland boundary of Basin l. Photographs l through 6 (Photo Log) depicts Basin 1 at the time of the site visit. CONCLUSIONS SER examined the subject property and delineated one wetland basin, which exhibited a dominance of hydrophytic vegetation, hydric soils and wetland hydrology. Basin 1 was classified as Type 3/5 (PEMC/UBH) wetland complex. RECOMMEND A TIO NS While the wetland boundary that SER has delineated is not official until approved by a WCA approved local government unit (LGU), SER advises the property owner to refrain from any filling, draining, or excavating, or any impact to the area SER has delineated as wetland. Depending on the location of the property, buffers around the wetland may also be protected. Any activities in the proximity of the wetland should be cleared with appropriate WCA regulatory agencies. It is also advisable to have the wetland boundary surveyed by a licensed land surveyor, or located with a sub-meter GPS unit. Since the lath used along the boundary can be vandalized or inadvertently knocked over, a survey or GPS location of the lath wiH assure the permanence of the boundary. The client should also be aware that approved wetlarid boundaries are typically valid for only three years from the date of approval. Please feel free to contact Brian Burgner or Frank Svoboda at (952) 471-1100 if you have any questions regarding the information in this report. You will be receiving a follow-up phone call in two to three weeks to see ifthere is anything else that is needed. SER appreciates the opportunity to assist you with this project and we look forward to serving any future needs that you might have. Sincerely, Svoboda Ecological Resources Franklin J. Svoboda, CWB, PWS Vice-President Brian K. Burgner Wetland Ecologist DATA SOURCES Minnesota Department of Natural Resources Protected Waters Inventory Map, Hennepin County. 1985. USDA. Soil Survey of Henepin County. June 1971. l 59pp. plus appendices. United States Fish and Wildlife Service National Wetland Inventory Map -Mound Quadrangles. 1991. (Taken from May 2003 aerial photographs). USGS. Digital Orthophoto Quadrangle -Hennepin County, Section 20, Township 117N, Range 23W. USGS. May, 2003. LITERATURE CITED Cowardin, L.M., V. Carter, F.C. Go let, and R.T. LaRoe. 1979. Classification of Wetlands ancl Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS-79/31. 103pp. Eggers, Steve D. and Donald M. Reed. 1997. Wetland Plants and Plant Communities of Minnesota and Wisconsin. US Army Corps of Engineers, St. Paul District. 263pp, unclassified. Environmental Laboratory. 1987. 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. National Technical Committee for Hydric Soils. 1991. Hydric Soils of the United States. USDA Soil Conservation Service, Washington, D.C., Misc. Publication Number 1491. 1991. Reed, P.B. 1988. National List of Plant Species that Occur in Wetlands: Minnesota. National Wetlands Inventory, U.S. Fish and Wildlife Service, St. Petersburg, Florida. Shaw, S.P., and C.G. Fredine. 1956. Wetlands of the United States. U.S. Fish and Wildlife Service, Circular 39. 67pp. - Figures (// f'_( ,i {l~,{r: ,, : ~ : Fagerness i Point Pelican Point ·· ,,·,::i .. :,.Gpos$ Jsla·nd\· l., 1.\/0BC)D"" A 1VR~S\ . . 1 . rW)1 Ecological Resources ;'',' Map of Site ff=1 Approximate Parcel Boundary o 0.1 0.2 0.4 ~§iiiiiii~5iiiiiiii~!!!!!!!!!!!!!!~~Miles W*E s 2618 Casco Point Road Figure 1 -iht_c,vr.0B DA ~~-1~~.J . ' . ' -. \ \j!(J, Ecological Resources 1':'/ National Wetland Inventory Overlayed on 2003 Aerial Photo •=-'""-'0 • Approximate Parcel Boundary 0 200 -,_ 400 Feet --. W*E s 2618 Casco Point Road Figure 2 S\/OBODA :111l Ecological Resources Hennepin County, MN Soil Survey Overlayed on 2003 Aerial Photo 0 j::::: ::I Non-Hydrlc Soils ~HydricSoils ""--"= Approximate Parcel Boundary 200 400 Feet ---- W*E s 2618 Casco Point Road Figure 3 'I :\liiSVOBODA ;VKl1 Ecological Resources t"·;"• Mn/DNR Public Waters Hennepin County, Minnesota -Approximate Parcel Boundary 0 0.1 0.2 0.4 Miles --------- W*E s 2618 Casco Point Road Figure 4 ~ I ;\P·· SV BODA } ff· ·Ecolooical Resources 1~;:r: b Approximate Wetland Boundary Overlayed on 2003 Aerial Photo * Sample Point Approximate Wetland Boundary = Approximate Parcel Boundary : ••, •~•••'" .,,e,a•-•-••••., •••-• • '" 0 200 400 ----Feet W*E s 2618 Casco Point Road Figure 5 Appendix A Field Data Sheets - SVOBODA ECOLOGICAL RESOURCES fVetlands !nventorv & Delineation • Fisheries • Wilcllije • Natural Communities Sit<: Nam<:: 2618 Casco Point Road Dall!: Au!!. 31. 2004 llasinl1\rea: Basin ..;;..""---'-------------Sample Point ID: SP 1-1 WET 1 n w st i g at nr s: _B~K;;..;B:;._ ___________ _ Community Typ<:: Tvpc 3/5 (PEl'vlC/UBH) Disturhed Condition'? Yes No i/ Natur<: of Disturbanc<:: VEGETATION Dominants (c:.20% + basal or aerial co\'erage) Non-dominants Species Stratum lndicatnr Status Species Stratum Indicator Status Tl'[!lw cmg11sti[plia H VS T OBL Rhamnu.1· cartlwrrica H V S T FACU H V S T lm[!_aliens CCl[!_ensis H VST FACW HVST ,\I/a/us Sf2£1· H VS T H VS T H VST H VS T H VS T H VS T H VST H VS T H VS T >50% of Dominants FAC or wetter'! v" Yes No >50% of Dominants FACW, OBL (FAC-neutral test) V Yes No NIA Notes: No vine or shrub species obseved at this sample location. SOILS County Soil Survey Map Unit: Hayden loam Soil Series is on National Hydric Soil List Area mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants are OBL and FACW and wetland boundary is abrupt v Mineral Soil Organic Soil Horizon/Depth 0-6" 6-20" Matrix Color N 2.5/0 gley Hydric Soil Present? v Yes Notes: No Texture Peat Sandv clay loam Cndetermined Features !Primary indicators (P) Secondary indicators (S) I HYDROLOGY Depth of sampling: 20 Inches Inundated, Depth of Water: (P) ----Free water in borehole, Depth from Surface: Water Marks, Elevation: (P) Drift Lines or Sediment D-e-po-s-its-(P-) Hydrology Criterion Met? v Yes No Other Observations: No free water observed in the borehole. Oxidized Root Channels in Upper 12 inches (S) Drainage Patterns in Wetlands (P) v' Water-stained leaves (S) Local Soil Survey Data (S) ~ FAC -Neutral Test (S) WETLAND DETERJ.\'IINATION ls the Sample Point in Wetland9 Yes v No Undetermined Distance from Delineated Edge: 5 ft. NIA Notes: Wetland edge based on vegetation and topographic line SVOBODA ECOLOGICAL RESOURCES Wetfancls fnventmy & Delineation • Fisheries • Wildlife • Natural Communities Site Name: 2o IX Casco Point Road Date: Auu. 31. 2004 llasin\,\rea: Basin ..c:;,.;;.;;.;.;..;.;...;.._ __________ _ Samrle Point ID: SPI-IUP lnvcstigatnrs: B KB Disturhcd Con_d::;.it1.:..· o;;.:n:c.·,-y-e_s ___ N_o_l,/ _____ _ Community Tyre: UPLAND Nature of Disturbance: VEGETATION Dominants C.20% + basal or aerial cowrage) Non-dominants Species Stratum Indicator Status Species Stratum Indicator Status Poa pratensis l-1 VS T FAC-Fraxinus uennsvlvanica H VS T FACW Rlwmnu,1· car1/wrtica H VS T FACU lm12atiens ca12ensis HVST FACW 11 VS T Ala/us Sf)[!. I-1 VS T I-1 VS T G/ecmna hederacea H V ST FACU H VS T Galium trit]_orum H VS T FACU+ H VS T H VS T HVST HVST >50% of Dominants FAC or wetter'' Yes v' No >50% of Dominants FACW, OBL (FAC-neutral test) Yes v' No NIA Notes: No vine or shrub species obseved at this sample location. SOILS County Soil Survey Map Unit: Hayden loam Soil Series is on National Hydric Soil List Area mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants are OBL and FACW and wetland boundary is abrupt v' Mineral Soil Organic Soil Horizon/De12th Matrix Color Texture Features 0-7" l0YR 4/3" Sandy loam 7-12" l0YR 4/3" Sandy loam Few/Fine/Prominent 5YR 5/8 IOSM* Common/Course/Distinct lOYR 2/1 12-20" I0YR 2/1 Sandy clay loam Hydric Soil Present? Yes v' No Undetermined Notes: *Iron Oxide Soft Masses !Primary indicators (P) Secondary indicators (S) I HYDROLOGY Depth of sampling: 20 Inches Inundated, Depth of Water: (P) -----,--Free water in borehole, Depth from Surface: Water Marks, Elevation: (P) ----Drift Lines or Sediment Deposits (P) Hydrology Criterion Met? Yes v' No Other Observations: No free water observed in the borehole. Oxidized Root Channels in Upper 12 inches (S) Drainage Patterns in Wetlands (P) Water-stained leaves (S) Local Soil Survey Data (S) FAC -Neutral Test (S) WETLAND DETERMINATION ls the Sample Point in Wetland? Yes No v' Undetermined Distance from Delineated Edge: 5 ft. NIA Notes: Wetland edge based on vegetation and topographic line - Appendix B Plant Indicator Categories INDICATOR CATEGORIES* Obligate Wetland (OBL) -Occur almost always (estimated probability >99%) under natural conditions in wetlands. Facultative Wetland (FACW)-Usually occur in wetlands (estimated probability 67%- 99%), but occasionally found in non-wetlands. Facultative (FAC)-Equally likely to occur in wetlands or non-wetlands (estimated probability 34% -66%). Facultative Upland (FACU) -Usually occur in non-wetlands (estimated probability 67% -99%), but occasionally found in wetlands (estimated probability 1% -33%). Obligate Upland (UPL) -Occur in wetlands in another region, but occur almost always (estimated probability >99%) under natural conditions in non-wetlands in the region specified. If a species does not occur in wetlands in any region, it is not on the National List. *Reed, P.B. 1988. National list of plant species that occur in wetlands: Minnesota. National Wetlands Inventory, U.S. Fish and Wildlife Service, St. Petersburg, Florida. - Appendix C Soil Series Descriptions BELLEVILLE SERIES The Belleville series consists ot'poorly drained and very poorly drained soils formed in sandy materials underlain hy loamy glacial or lacustrine sediments at 20 to 40 inehes. Permeahility is rapid in the sandy materials and moderately slow in the loamy materials. Slopes range from Oto 2 percent. Mean annual precipitation is ahout 33 inches, and mean annual temperature is about 49 degrees F. TAXONOMIC CLASS: Sandy over loamy, mixed, semiactive, mesic Typic Endoaquolls TYPICAL PEDON: Belleville loamy fine sand on a l percent slope in a cultivated field. (Colors are for moist soil unless otherwise indicated.) Ap--0 to 11 inches; black ( I 0YR 2/ I) loamy fine sand, dark gray ( 1 0YR 4/ I) dry; moderate medium granular strncture; friable; common fine roots; mildly alkaline; abrupt smooth boundary. ( 11 to 16 inches thick) Bg--11 to 20 inches; grayish brown (2.5Y 5/2) fine sand; few fine prominent yellowish brown (l 0YR 5/6) and few fine distinct light gray ( I 0YR 6/1) mottles; single grain; loose; few fine roots; black (l0YR 2/1) coatings in root channels; mildly alkaline; clear wavy boundary. (0 to 20 inches thick) Cgl--20 to 30 inches; light gray (l0YR 6/1) fine sand; common fine prominent brown (7.5YR 4/4) and common medium prominent light olive brown (2.5Y 5/4) mottles; single grain; loose; slight effervescence; mildly alkaline; abrupt smooth boundary. (0 to 10 inches thick) 2Cg2--30 to 34 inches; gray (SY 5/1) heavy clay loam; common medium distinct dark grayish brown (2.5Y 4/2) and few fine distinct olive (SY 5/6) mottles; moderate coarse subangular blocky strncture; firm; about 1 percent gravel; strong effervescence; moderately alkaline; clear wavy boundary. (0 to 5 inches thick) 2Cg3--34 to 51 inches; dark grayish brown (2.5Y 4/2) silty clay loam; common medium distinct dark gray (SY 4/1) mottles; massive; firm; about 3 percent gravel; strong effervescence; moderately alkaline; clear wavy boundary. 2Cg4--5 l to 55 inches; gray (lOYR 5/1) silty clay loam; common medium prominent olive brown (2.5Y 4/4) mottles; massive; firm; about 5 percent gravel; strong effervescence; moderately alkaline; clear wavy boundary. 2Cg5--55 to 60 inches; gray (l0YR 5/1) silty clay loam; few fine prominent dark reddish gray (5YR 4/2) mottles; massive; firm; about 2 percent gravel; strong effervescence; moderately alkaline. TYPE LOCATION: Wayne County, Michigan; about 7 1/2 miles south and 1 mile east of Belleville; 528 feet west and 2376 feet north of the southeast corner, sec. 34, T. 4 S., R. 8 E. RANGE IN CHARACTERISTICS: The depth to the 2C horizon ranges from 20 to 40 inches. The solum ranges from slightly acid to moderately alkaline. Rock fragments, dominantly gravel, ranges from Oto 5 percent by volume throughout the pedon. The Ap horizon has hue of I 0YR. value of 2 or 3, and chroma of I or 2. It is sandy loam, loamy fine sand, loamy sand, fine sand, or sand. A thin AE horizon is present in some pedons. The Bg horizon has hue of l0YR or 2.SY, value of 4 to 6, and chroma of I or 2. It is loamy fine sand, loamy sand, fine sand, or sand. The C horizon has hue of I 0YR to SY, value of 4 to 6, and chroma of I to 3. It is loamy fine sand, loamy sand, fine sand, or sand. It is mildly alkaline or moderately alkaline and has slight to strong effervescence. The 2C horizon has hue of l0YR to SY, or is neutral; value of 4 to 6; and chroma of Oto 6. It is clay loam, loam, silt loam, or silty clay loam. Thin lenses of fine sand or sand are in some pedons. COMPETING SERIES: There are no competing series. Similar soils are the Breckenridge, Brevort, Burleigh, Corunna, Edmore, Essexville, Granbv, Pinconning, Roscommon, and Wauseon series. Breckenridge, Brevort, Burleigh, Pinconning, and Roscommon soils have frigid temperatures. The Breckenridge and Corunna soils are coarse-loamy. Edmore soils do not have mollic epipedons and are sandy. Essexville soils are calcareous. Granby soils are sandy. Wauseon soils are coarse-loamy over clayey. GEOGRAPHIC SETTING: Belleville soils are on nearly level lake plains and till plains. Slopes range from Oto 2 percent. The soils formed in sandy glaciofluvium underlain by loamy glacial or lacustrine sediments at depths of 20 to 40 inches. The mean annual precipitation ranges from 29 to 37 inches, and the mean annual temperature ranges from 46 to 50 degrees F. GEOGRAPHICALLY ASSOCIATED SOILS: The well drained and moderately well drained Metea soils and somewhat poorly drained Selfridge soils are in a drainage sequence with Belleville soils. In most landscapes with the Belleville soils are the Corunna, Granby, Oakville, Pewamo, Tedrow, and Thetford soils. The Oakville and Tedrow soils do not have loamy material. The Pewamo soils do not have sandy material. The Thetford DRAINAGE AND PERMEABILITY: Poorly and very poorly drained. Surface runoff is very slow or ponded. Permeability is rapid in the sandy horizons and moderately slow in the 2C horizon. USE AND VEGETATION: The greater part of these soils is cropped to com, soybeans, and small grains. A few areas of these soils are in pasture, idle land, woodland, truck crops, or sod production. The wooded areas are chiefly lowland hardwoods. DISTRIBUTION AND EXTENT: The southeastern part of the Lower Peninsula of Michigan. The series is of moderate extent. MLRA OFFICE RESPONSIBLE: lndianapolis, Indiana SERIES ESTABLISHED: Wayne County, Michigan, 1974. REMARKS: Classification was adjusted to agree with ST Issue #17 on 7 Sept 94 by CLO. Diagnostic horizons and features recognized in this pedon are: rnollic epipedon - the zone from the surface to 11 inches (Ap horizon); aquic moisture regime. HAYDEN SERIES The Hayden series consists of deep well Jrained soils that formed in calcareous loamy glacial till on glacial moraines and till plains. These soils have moderate permeability. Their slopes range from:?. to 40 percent. Mean annual precipitation is about 28 inches. anJ mean annual temperature is about 46 degrees F. TAXONOMIC CLASS: Fine-loamy, mixed, superactive, mesic Glossic Hapludalfs TYPICAL PEDON: Hayden loam with a 6 percent convex slope on a terminal moraine in a deciduous forest. (Colors are for moist soil unless otherwise noted.) A--0 to 2 inches; very dark gray ( I 0YR 3/ I) loam; weak fine granular structure; very friable; about 5 percent coarse fragments; neutral; abrnpt smooth boundary. ( I to 4 inches thick) E--2 to 9 inches; dark grayish brown ( l 0YR 4/2) light loam; weak thin platy structure; very friable; few very dark gray ( I 0YR 3/ I) worm casts in upper part; about 5 percent coarse fragments; slightly acid; clear wavy boundary. (0 to 12 inches thick) BE--9 to 14 inches; brown (I0YR 5/3) fine sandy loam; weak fine and medium subangular blocky structure; friable; many distinct coatings of clean sand and silt particles on faces of peds; about 5 percent coarse fragments; medium acid; clear wavy boundary. (0 to 8 inches thick) Btl--14 to 28 inches; yellowish brown ( l0YR 5/4) loam; moderate fine and medium subangular blocky structure; firm; few faint coatings of clean sand and silt particles and few faint dark yellowish brown (1 0YR 4/4) clay films on faces of peds; about 5 percent coarse fragments; strongly acid; clear wavy boundary. Bt2--28 to 38 inches; yellowish brown (l0YR 5/4) loam; moderat_e fine and medium prismatic structure parting to moderate fine and medium angular blocky; firm; many distinct dark yellowish brown ( 1 0YR 4/4) clay films on faces of peds; about 5 percent coarse fragments; few prominent black clayey fillings in root channels; strongly acid; clear wavy boundary. Bt3--38 to 43 inches; yellowish brown (1 0YR 5/4) loam; few fine prominent reddish brown mottles; moderate fine and medium prismatic structure; friable; few distinct dark yellowish brown (1 0YR 3/4) clay films on faces of peds; about 5 percent course fragments; slightly acid; abrupt wavy boundary. (Combined thickness of Bt horizons is 12 to 30 inches.) C--43 to 60 inches; light olive brown (2.5Y 5/4) loam; few fine faint grayish brown (2.5Y 5/2) and light olive brown (2.5Y 5/6) mottles; massive; friable; and 5 percent coarse fragments; slight effervescence; mildly alkaline. TYPE LOCATION: Rice County, Minnesota; about 4 miles north of Faribault; 1,920 feet east and 30 feet north of the southwest comer of sec. 1, T. 110 N., R. 21 W. RANGE IN CHARACTERISTICS: Solum thickness and depth to free carbonates range from 24 lo 54 inches. Coarse fragments of mixed lithology comprise 2 to 8 percent of the volume of the control sectinn. The A horizon has hue of I OYR. value of 2 or 3, and chroma of I or 2. The Ap horizon has value of 4 or 5 and chroma of l or 2 and value of 6 when dry. The E horizon has hue of l OYR, value of 4 or 5, and chroma of l or 2. The A and E horizons typically are loam, silt loam, sandy loam, or fine sandy loam, but include clay loam, if eroded. They are neutral to medium acid. The Bt horizon has hue of l OYR in the upper part and l OYR or 2.5Y in the lower part, value of 4 or 5, and chroma of 3 through 5. Mottles are present in the lower subhorizons in some pedons. It typically is clay loam or loam, but sandy clay loam is in parts in some pedons. The argi !lie horizon has 18 to 35 percent clay and 30 to 45 percent sand. It is slightly acid to strongly acid. Some pedons have a BC horizon. The C horizon has a hue of lOYR or 2.5Y, value of 4 or 5, and chroma of 3 through 6. It is loam or clay loam. It lacks mottles in some pedons. It has 15 to 25 percent calcium carbonate equivalent and is mildly or moderately alkalikne. COMPETING SERIES: These are the Amanda, Belmont, Belmore, Chenault, Chili, Coggon, Conestoga, Douds, El Dara, Gallman, Grellton, Hebron, Hickory, High Gap, Hollinger, Kalamazoo, Kanawha, Kendallville, Kidder, Kosciusko, LeRoy, Letart, Lindley, McHenry, Mandeville, Martinsville, Miami, Mifflin, Military, Nodine, Norden, Ockley, Owosso, Pecatonica, Princeton, Rawson, Relay, Renova, Richland, Riddles, Rockbridge, Roseville, Sisson, Strawn, Summitville, Teanawav, Theresa, Wawasee, Westville, Whalan, and Woodbine soils in the same family. Amanda horizon soils have more ii lite in the B and C horizon; Belmont soils have redder hue in the B horizon. Belmore, Chili, Kalamazoo, and Ockley soils formed in glacial outwash and have sandy or sandy-skeletal 2C horizons. Chenault soils have chert fragments in the.solum and are underlaid by limestone bedrock. Coggon, Gallman, Hickory, Pecatonica, Renova, Riddles, Summitville, and Westville soils have thicker sola. In addition, Coggon soils have low chroma mottles in part of the B2 horizon. Conestoga, Kendallville, Letort, Richland, and Rockbridge soils have more coarse fragments. Douds, El Dara, Kidder, Sisson, and Wawasee soils have less clay and more sand or silt in the lower part of the B horizon and in the C horizon. High Gap, Hollinger, Mandeville, Mifflin, Military, Norden, Roseville, Whalan, and Woodbine soils have bedrock beginning between depths of 20 and 60 inches. Grell ton, Hebron, Lindley, and Rawson soils have more silt or clay or both in either the lower part of the B horizon or C horizon or both. Kanawha soils are formed in alluvium from acid shale and are in an area of higher rainfall. LeRoy and Strawn soils have thinner sola. McHenry and Miami soils have more silt or clay, or both in the upper part of the sol um. Martinsville soils have redder hue in the B horizon and formed in stratified outwash or lacustrine sediments. Nodine soils have thicker sola which is more stratified and leached of free carbonates to greater depths. Owosso soils have more sand and less silt or clay in the upper part of their sola. Princeton soils formed in aeolian sediments and have stratified C horizons. Relay soils have hue of 2.5Y or SY in all parts of the B horizon. Teanaway soils have firm sandy clay loam C horizons with reduer hue. Theresa soils formed partly in loess and have 2C horizons with 40 to 60 percent calcium carbonate. GEOGRAPHIC SETTING: Hayden soils have plane or convex slopes on gently undulating through steep glacial moraines of the Des Moines and Grantsburg sublobe of the Late Wisconsinan glaciation. Their slopes range from 2 to 40 percent and mostly are 80 to 300 feet in length. These soils formed in calcareous loamy glacial till. Montmorillonite is the dominant clay mineral in the glacial till. Mean annual temperature is 45 to 50 degrees, and mean annual precipitation is 27 to 33 inches. GEOGRAPHICALLY ASSOCIATED SOILS: These are the Ames, Dundas, Hamel, Luther, and Nessel soils which are members of a toposequence with the Hayden soils. Moderately well drained Nessel soils have plane or slightly convex slopes. Poorly drained Ames and Dundas soils have slightly concave to slightly convex slopes with gradient of less than 2 percent. Poorly drained Hamel soils are on toe slopes. Organic soils are common associates in some places. DRAINAGE AND PERMEABILITY: Well drained. Runoff is medium and rapid. Permeability is moderate. USE AND VEGETATION: Mostly cleared and cultivated to corn, soybeans, small grain, and hay. Native vegetation was deciduous forest of maple, basswood, oak, and elm. DISTRIBUTION AND EXTENT: Southeastern Minnesota and in central Iowa. Extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Hennepin County, Minnesota, 1929. ADDITIONAL DATA: Refer to Minnesota Agricultural Experiment Station Central File Code No. 967 for results of some laboratory analysis of the typical pedon. KLOSSNER SERIES The Klossner series consists of very Jeep. very poorly JraineJ soils formed in well decomposed org,rnic material 16 to 50 inches thick overlying loamy deposits on moraines, till plains, lake plains, flood plains, and hillside seep areas. They have moc.krately slow to moderately rapid permeability in the organic material, and moderate or moderately slow permeability in the loamy material. Slopes range from Oto 8 percent. Mean annual precipitation is about 28 inches. Mean annual temperature is about 47 degrees F. TAXONOMIC CLASS: Loamy. mixed, euic, mesic Terrie Haplosaprists TYPICAL PEDON: Klossner muck -with a I percent slope in a cultivated field. (Colors are for moist soil unless otherwise stated.) Oap-.:.0 to IO inches; black (N 2/0) muck, very dark gray (1 OYR 3/l) dry; about 20 percent fiber, less than 5 percent rubbed; weak fine subangular blocky structure; very friable; many very fine roots; moderately acid; abrupt smooth boundary. Oa--10 to 26 inches; black (!OYR 2/l) muck, dark gray (!OYR 4/l) dry; about 60 percent fiber, about 6 percent rubbed; weak fine subangular blocky structure; very friable; many very fine roots; moderately acid; gradual smooth boundary. (Combined thickness of 0 horizon is 16 to 50 inches.) 2Al--26 to 36 inches; black (N 2/0) mucky silty clay loam; weak medium subangular blocky structure; friable; few very fine roots; slightly acid; gradual smooth boundary. 2A2--36 to 48 inches; black (N 2/0) silty clay loam; massive; friable; few dark reddish brown (5YR 3/4) iron oxide concentrations in root channels; about 1 percent gravel; neutral; gradual wavy boundary. (Combined thickness of 2A horizon is 8 to 45 inches thick.) 2Cgl--48 to 65 inches; olive gray (SY 5/2) clay loam; massive; friable; dark reddish brown (5YR 3/4) Fe oxide concentrations in root channels; many medium prominent yellowish brown (lOYR 5/6) Fe concentrations; about 1 percent gravel; slightly effervescent; slightly alkaline; gradual wavy bounday. 2Cg2--65 to 80 inches; gray (SY 5/1) loam, massive; friable; many medium prominent light olive brown (2.5Y 5/4) and yellowish brown (!OYR 5/4) Fe concentrations; about 3 percent gravel; slightly effervescent; slightly alkaline. TYPE LOCATION: Nicollet County, Minnesota; 2600 feet north and 2300 feet east of the southwest corner, sec. 12, T. 110 N., R. 28 W.; USGS Nicollet quadrangle; lat. 44 degrees 20 minutes 53 seconds N. and long. 94 degrees 8 minutes 28 seconds W., NAD27. RANGE IN CHARACTERISTICS: The thickness of the organic material ranges from 16 to 50 inches. It is derived primarily from herbaceous plants. The organic matter content ranges from 25 to 60 percent in the organic surface and 5 to 20 percent in the 2A horizon. The reaction of the organic material ranges from moderately acid to slightly alkaline. Some organic layers contain free carbonates. The O horizon has hue of I 0YR. 5YR, or is neutral, value of 2 or 3 and chroma of Oto 2. It is dominantly muck (sapric material) however, some pcdons have thin layers of hemic material, less than l 0 inches thick. Some peclons have highly organic mineral plow layers. The 2A horizon has hue of l0YR, 2.5Y, SY or is neutral, value of 2 or 3 and chroma of 0 to 1. It is loam, silt loam, sandy clay loam, silty clay loam, clay loam or mucky modifiers of these textures. It is moderately acid to slightly alkaline. Some peclons contain thin layers of coprogenous earth. The 2Cg horizon has hue of l0YR, 2.5Y, SY, SGY, or is neutral, value of 2 to 7 and chroma of Oto 2. It is loam, silt loam, silty clay loam, clay loam, sanely clay loam, sandy loam or fine sandy loam, or their gravelly or cobbly analogues. It is slightly acid to moderately alkaline. The upper 12 inches of this horizon averages less than 35 percent clay. Some pedons contain thin strata of fine sand, loamy sand, or silt. Gravel or cobble sized rock fragments range from 0 to 25 percent by volume. Some pedons contain free carbonates. Sandy substratum and ponded phases are recognized. COMPETING SERIES: These are Linwood, Medo, Palms, Philbon and Shalcar series. Linwood soils have well expressed granular strncture to depths of more than 12 inches and formed mainly in woody fibers. Medo soils have sandy textures in the lower part of the series control section. Palms soils have organic matter content greater than 75 percent and do not have an A horizon directly below the organic material. Philbon soils have fibric and hemic material in the upper 12 inches. Shalcar soils ave less than 26 degrees difference between mean January and mean July temperatures. GEOGRAPHIC SETTING: Klossner soils are in basins that were formerly lakes or ponds, lake plains, till plains, flood plains, or moraines. They are also on hillside seep areas in moraines and sideslopes of river valleys. Slopes range from O to -S percent. The soils on nearby uplands are generally loamy. The mean annual temperature ranges from 45 to 50 degrees F. The mean annual precipitation ranges from 24 to 32 inches. Frost free days range from 110 to 160. Elevations above sea level range from 800 to 1400 feet. GEOGRAPHICALLY ASSOCIATED SOILS: The main ones are the Canisteo, Harps, Okoboji, Glencoe, Muskego and Houghton soils. Canisteo and Harps soils are on the rims of depressions. Glencoe and Okoboji are at the outer edges of the depressions. Muskego and Houghton soils are in larger depressions. DRAINAGE AND PERMEABILITY: Very poorly drained. Surface rnnoff is negligible. Permeability is moderately slow to moderately rapid in the organic layers and moderate or moderately slow in the loamy material. USE AND VEGETATION: The greater part of this soil is cultivated to corn, soybeans, small grains and specialty crops such as vegetables or grass sod. Other areas are in vegetation of grasses, reeds, sedges, alder, aspen, or willow. Some of the hillside seep areas are set aside as natural areas and called fens. DISTRIBUTION AND EXTENT: The south central and southeast part of Minnesota and possibly northern Iowa. The series is extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Nicollet County, Minnesota, 1989. REl\ilARKS: Diagnostic horizons and features recognized are: sapric soil materials from the surface to about 26 inches; loamy mineral material from 26 to 50 inches or more; aquic moisture regime. This soil was formerly included in the Palms Series in Minnesota. ADDITIONAL DATA: Refer to MAES-CFC#'s 2697, 3251, 3400 and 3475. - Photo Log PHOTO 1: Basin 1, facing northeast toward Cannan Bay at Sample Transect 1-1. PHOTO 2: Basin 1, facing northeast. i J\!,~SVOB DA t,11r1t~ Ecological Resources PHOTO LOG OF SITE 2618 Casco Point Road PHOTO 3: Basin 1, facing east along northern edge of the boundary. PHOTO 4: Facing south along northern edge of the boundary. '.! ,,i ·t►'i A:;~l~SVOB DA 'W/t Ecological Resources PHOTO LOG OF SITE 2618 Casco Point Road PHOTO 5: Basin 1: Facing southwest along the eastern edge of the boundary. PHOTO 6: Basin 1: facing west along the eastern edge of the boundary. PHOTO LOG OF SITE 2618 Casco Point Road j ~ j Bonestroo f!I Rosene '"11 Anderli k & 1 \l 1 Associates Engineers & Architects September 1, 2004 Ms . Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 3 5 W es t High way 3 6 • St. Paul , MN 55 11 3 Offic e: 651-636 -4 600 • Fax : 6 51-636 -13 11 www.bo n es tro o.co m Re : 2618 Casco Point Road File I~v. 13 9-04-000 Plat No . 04-3052 Dear Melanie: We have reviewed the proposed grading plans for 2618 Casco Point Road. The proposed improvements include rebuilding an existing home and regrading the lot. We have the following comments with regards to engineering matters: • The proposed grading plan does not provide adequate information relative to existing contours and adjacent home elevations. A new survey should be submitted showing existing contours extending at least 50-feet beyond the lot lines of the subject property. The revised survey should identify any structures within 50-feet of the lot lines and show elevations around the structures along with first floor elevations. • It appears that the proposed new home is nearly twice the size of the existing home. This building footprint does not appear to provide adequate room north and south of the home to allow for positive drainage towards the lake. It is likely the proposed building footprint will need to be scaled back to allow for the grading of swales to contain the storm drainage on site and direct it to the street or lake. • The final grading plan should provide swales or drainage ways that contain all storm water on the subject property. Storm drainage should not be directed on to adjoining properties as shown along the sc!lth ~ide cf the hame. • The final plans should include erosion and sediment control details, planting and restoration information, and overall site restoration details . If you have any questions please call me at (651) 604 -4863. Yours very truly, BONESTROO , ROSENE , ANDERLIK & ASSOCIATES , INC . ,~~~ Tom Kellogg Cc : Greg Gappa, City of Orono • St. Pa ul , St. C l o ud , Roches t e r, Willm a r, M N• M il wa u kee , W I • Chi cago , IL Affirm a tive Act i on/Equ a l Oppor t un i t y Employ e r a nd Empl oyee O w n e d E>cfttBITV City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: P.O. Box 66 For Office Use Only: ,· -. , City Planner: Nltlar1 If Ct{ j,':f"t~ 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 Meeting Date/Time: ft7AJ;J /7 ! If /!IM Main: 952-249-4600 Fax: 952-249-4616 PC Date: t1'-fki,'-bCr What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposaL PROPERTY INFORMATION: Site Address: ~& lB Ch-SLZ-po;;...:ry-tlorro Property Identification Number (PIN): Zoning District: U2-, IL Size of Property: ----------- DESCRIPTION OF REQUEST:Sfv.e-lA- □ Average Setback ~ Side Yara Setback □ Rear Yard Setback □ Front Yard Setback )!gHardcover ,0-2-SD □ Lot Coverage □ Lot Area □ Lot Width □ Other: St7Lff a_a 1,,-1s.-cd af)(?litalr fV V'-aUA lf.-S-fnAU1A.. f"-? afi d htud-c t!"Ve.F m 26¼ a,nc( ro m,e,cJ-v IS' c,, ~ t;cP..::;,e::t &IL Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: _____ understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance applicati meeting during which this form w· Applicant Signature: w· I NOT be accepted without a pre-application mp eted by City staff. r,) _J--J ~ L/ Date: 0 -t l' + City of Orono 2750 Kelly Parkway, P.O. Box 66 Crystal Bay, MN 55323 Attention: Michael P. Gaffron Re: 2618 Casco Point Road (Vogstrom site) Dear Mr. Gafftron, I live at 2648 Casco Point Road, the neighbor to the south of the referenced property. I have reviewed the survey with City staff and have a number of concerns regarding the application for a variance to the hardcover ordinance. ► Drainage: The natural drainage of the Vogstrom site is to the south, toward my property. The survey does not show any contour lines of adjacent properties, but the elevation of my improved property is substantially lower. The 10-foot side yard set back does not allow for and the survey does not show any provision for the evacuation of rainwater runoff from the site. There is a low area in Casco Point Road in front of my property. I deal with huge amounts of rainwater runoff from the City street crossing my property. A proposed driveway on the south side of the site would exacerbate this runoff problem. Adequate provisions must be made to deal with on site water evacuation either with the installation of an adequate swale or a catch basin and storm drain. ► Off Street Parking: Casco Point Road is a heavily trafficked street. Visitors and homeowners park on both sides of the street ( often on adjacent properties) causing a dangerous condition. Off street parking should be required for all new construction. Any additional parking would create even more hardcover. ► Tree Protection: The survey shows a large footprint for the proposed house. This amount of hardcover may require the removal of a number of mature trees for construction and to enhance the view corridors. There are large oak and maple trees along the property line that may be compromised by the construction. The City should require a tree inventory indicating which trees are to be removed and Jhafik.-~. ou. ).tre ~/ p b. e protected during construction. (MEs/~f ~.,,,--,....-----··· ~asco Point Road. ztoi./B ~\i~JJt, I .~, l~-z -S-S~·u.ceo t~o-l(,,<8 ;d Hnb ~ :1.on On 1--• -:c &\ I !--·~---. r.tr· 1N ,-, '~, ,._, -· iioO.O·· / "'T:-!=' 1;)3.,. I .3 _,,,,__ U3 -----•-i----- r-. ---17"J-B -· :.-­ : .j ·"' 2·5-Fva.mc \Jo NQ. 'llol.O ;\:J;r,n,,~~puli:-i, I•,1i~1n::-;:;ul;1 5f)-1'.!.8 i1 t,!{:';;'s:T .. ·-~jli'':f,~:,,,:~ ,,~:-- I! '' t 1, -, : \_I ;r- [ '-, :::, ~-J tQ l J , \ :3 \~ \ l \ b , ... '.) i 4 } l \'1 -+--t-~, I I, --403.51----- 33,76•· ~ +-<J:-t / /' I I I I, I_+-I ~--+i; -t-I I I 1 1 I I 1 ·1 .. • -!9 I C " 0.. c:, ,-, I, •W• ,:.II,,~ • > d ;[ ""';" \ ··· """ .i .-'4i-oh , i°"!e.,..- ~1 t\\ I 'Q r--r, ,-• I J , __ ...... -~ II 11 'l 2.&,,1& ~wr+fiJ ')! c_, wo.+., ~l•v~h,n19ln .j'+ ,:, ·') l',,,'i -.z.. L--=-L._,.J ":' ~1 !_ •• 'r f.'.. __ , hL r,,--, ____l _j~ _l A_ 27 ~-• /'I r--. '\ II 11 r\ t l:~ /-~\ J-( !\11 .'··\ ! 'V (-. --­,:, i. All of Lot5 14. through 27 AJI of Lot 3 and that part of Lots 4, S, 6, 7, 8, 9, 10 and 11 lying South of the North R0.00 feet thereof. {NPt TD S~) ~ ~ "-../ RUN DATE: 8/16/2004 38 2011723240029 PROP ADDR 2649 CASCO POINT RD OWNER NAME JULIANNE M SCHERVEN TAXPAYER JULIANNE M SCHERVEN NAME/ADDR 2649 CASCO POINT RD WAYZATAMN 55391 38 2011723240032 PROP ADDR 2623 CASCO POINT RD OWNER NAME T P KUBALAK & PM KUBALAK TAXPAYER THOMAS P/PATRJCIA M KUBALAK NAME/ADDR 2623 CASCO POINT RD WAYZATAMN 55391 38 2011723240038 PROP ADDR 2618 CASCO POINT RD OWNER NAME JOYCE A TWEDT TAXPAYER JOYCE A TWEDT NAME/ADDR 2618 CASCO POINT RD WAYZATAMN 55391 38 2011723240043 PROP ADDR 2600 CASCO POINT RD OWNER NAME PAUL J & MARYE KASTER TAXPAYER PAULJ & MARYE KASTER NAME/ADDR 2600 CASCO POINT RD ~ \:: ~ ! WAYZATAMN 55391 # HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: 1 PROPERTY OWNERS LIST 38 2011723240030 38 2011723240031 PROP ADDR 2645 CASCO POINT RD OWNER NAME NJ GREENE & AK GREENE TAXPAYER NORMA GREENE & ALAN GREENE NAME/ADDR 2645 CASCO POINT ROAD WAYZATA MN 55391 38 2011723240035 PROP ADDR 2617 CASCO POINT RD OWNER NAME G L MARQUARDT/J M MARQUARDT TAXPAYER GARY L & JOAN M MARQUARDT NAME/ADDR 2617 CASCO POINT RD WAYZATAMN 55391 38 2011723240039 PROP ADDR 2648 CASCO POINT RD OWNER NAME J W & B J ESSEN TAXPAYER JEFFREY & BARBARA ESSEN NAME/ADDR 2648 CASCO PT RD WAYZATAMN 55391 PROP ADDR 2635 CASCO POINT RD OWNER NAME MARJLYN B THORNE TAXPAYER MARJLYN B THORNE NAME/ADDR 2635 CASCO POINT RD WAYZATAMN 55391 38 2011723240036 PROP ADDR 2601 CASCO POINT RD OWNER NAME BRUCE J HEDBLOM ET AL TAXPAYER NAME/ADDR BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATA MN 55391 38 2011723240042 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME PAULJ & MARYE KASTER TAXPAYER PAULJKASTER NAME/ADDR 2600 CASCO POINT RD WAYZATAMN 55391 I CERTIFY THAT THE FACfS REPRESENfED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVIC. ES DEPARTM(,::i:,:ro THE BEST . OF MY KNOWLEDGE AND BELIEF. c.,--_ / f DATE O / o--0 BY ---2~l 4vl-~c i\ \ TORRENS CASE 16624 ' :, (2) 4 (3) ' ' \! \I (1) 5 1 l(ASTE coVE 2 (42) . ~ 1 (43) 262.24 N89'35'W 216.42 CASCO POINT RD DOC NO 2931404 251.5 ' ' ' ' ' ' ' ' ' ' ' -_ · s,i,ij1.1mher jj•te __ '·1$tr@et ■am' •itl19 1PD"t":t·a1[Ji,:/)(: JegaJ/y recoraed map. it fffpres:ents a compilatip1:1pf(rtfotma.fici~"~~ ~and data .fr9m City, County, .and State rood aut/Jorities atid oth:ec siJµr_qes;-;. · . , _, ------: ' --· --·,-_", ---,.,-'::•L,''-----~0.1::1:-<"•i "WESSE 040838 20/11712', VOGUE HOMES ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 10 I Minnetonka. MN 55345 Phone (9521474 7964 Fax (952) 474 8267 SURVEY FOR : VOGUE HOMES SURVEYED: July. 2004 DRAFTED: July 23. 20114 REVISED: August 16. 2004 to show client's propo sal to remove existing improvements and build a new home and driveway w ith associatcd grading. for lhc client's rt:vii=w and for the revi ew of govemmcntal agencies. ~ August 18. 2004 tu show rev ised house plan . ~ September I 0 . 2004 to show more existing wpo on lot to South and revised swak . REV ISED: October 6. 2004 to show different home. deck. walk. drive and areas thereof. ~ October 13. 2004 to show additional existing hardcover. REVISED: October 21. 2 004 to show stumps in the 0-75 foot zone and to show rotated home lo give 15 foot setback on North line. REVISED: October 25. 2004 to show trees cut down and trees still standing on the entire lot. REVISED: November 8, 2004 to show addilional trees cul down per client. LEGAL DESCR lrTIO N: The Norlh 80 foet or Block 3. Winships Subdivision or Lot 1, Spring Park Second Addition. Hennepin County. Minnesota. 302 X -0.6 lRP PROPOSED WALK 106 SQ. FT.---- ,,.. __ I SC'OrE OF WORK: I. Showing the length and direction or buundary lines of the above leg.al dcscriptiuu . The scope of our services docs !!ill. include determini ng what you own. which is a legal matter. Please check the legal description with you r records or consult with com petent legal counsel. if necessary. to make surt: that it is correct. and that any matters of record. such :.ls casements. th at you wish shown on the survey. have bt:cn shown 2. Showing the location of existing improvements we deemed important. 3. Setting. new monumcnls or verifying old monument s tu mark the co mers oflhe pmpcrty. 4. Showi ng and tabulating hard cover and area of the lot for yuur review and for the review or such governmental ag1mcies as may have j urisdiction over hard cover requirements. 5. Whik we show proposed impmvcment s lo your propert y. we nol as familiar wilh your plans as yo u arc nur arc we as familiar wilh the requirements or governmental agcncil!s as their employees are. We suggest that you review th e survey to confinn thnt the pmposals an;! what you intend and submit the survey Lo such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. Showing clcvatiuns on the site at selected locations lo give some indication of the lopography or the site. The elevations shown relate only to the benchmark provided <)ll th is survey. Use thal heuchmark and check at least one other ft.:a turt.: shown on tht: map whcn dctennining other el evations for use on this sitc. STANDARD SYMBOLS & CONVENT IONS : "• "Denotes 1/2" ID pipe with plastic plug bt:aring State License Number 9235. sel. unless o therwise notcd. l hereby cenit}' that this plan. specification. report or s urvey was prepared by me or under my direct supervision and that I am a licensed Pmfoss ional Engi neer and Pro fessional Surveyor under the laws of the Stale or Minnesota. ~".1-l 6L~a am s H. Parker P.E. & P.S. Nu. 9235 1.$-£Im ,,_ •tr.,mp,:, location a1,o.,, ,----X- 9 - 3 -t.B--I~--X932.0 --,_$.-Buck-;;;,,, - TrN s tump locotion sho.,, not fWd twffl«I i:>,,d d \\,j \,..J 0 osp,r _,I :~~--J XI • X 9J0.6 • X 930.5 •·-I ,,.. $lump '::°::da::.r I not /Mid ~--((, I J I • 2·-__,.-('1 Trw .9t~="l.. location y,o-, • =~~-li«/1 \ ,; ____ L_ ____ .J.._ GRAPHIC SCALE i i (D<P'UT) 950.8 X 939.J 9J2.0 --_J Drw. No. 040838 OCT-22-2004 16:06 FROM:LEONARD STREET 612 335 1657 TO:+9522494616 LEONARD, STREET AND DEINAR.D J'ROFF.S,SIONAI, ASSOC'lA"l"lON LAW 01:<'l'lCES lN MINN'F.APOJ,IS, SAINT J'AUL, MANKATO, ~Aliff Cl..OlJD AND WASHINGTON, D.C. FACSIMILE'rR.ANSMITTAL LETTE'R CON'l<'IDiNTIALITY NOTE: The information contained in this tckcopy mc:;:;a.gc is being trtm:imittcd tc ;ind i:s intcmded only for the use of the individual r,amed below. If the re:i.der or this is not the intended reoipimt, you :rre hereby advis~d lh.:it ilny dissemination, distribution or copy of this tclccopy is striclly -prohibited, lf you have received thi~ telecop)I in error, please immediately notify us by telephone and destroy this teleeopy message. Date ofTransminal: Recipient: Finn/CompiJny: Facsimile Number: Telephone Number; Sender's Name: Sender's Number: Billing Number: Client/Matter Numbers: Total number of pages ([11cluding transmiual letter) COMMENTS: October 22. 2004 Ronald Moorse City of Orono 952-249-4616 Tim Keane 612-335-7192 1732 12041-00169 2 IF' YOU ARE HAVING PROBLEMS RECEIVING OR TRANSM11TING, PLEASE CALL: 6ll•J3S-.1688. OCT-22-2004 16:06 FROM:LEONARD STREET 612 335 1657 TO:+9522494616 LEONARD, STREET AND DEINARD Pll.Ol'ESSIONAL ASSOCtATION October 22, 2004 TIMOTHY J. KEANE 612-335-7192 tim.keane@leonard.com Via Fax (952-249-4616} and U.S. Mail Ronald Moorse City Administrator City of Orono P. 0. Box 66 Orono, MN 55323-0066 Re: Eric Vogst.rom Variance Applications-2618 Casco Point Road Dear Mr. Moorse: The purpose of this letter is to respectfully request that City Council agenda item 8 referenced as #04-3052 regarding the Eric Vogstrom application for variances at 2618 Casco Point Road be continued to the City Council meeting of November 8, 2004. Should you have any questions, please contact me at 612-335-7192. TJK:vn cc: Eric Vogstrom Sincerely, LEONARD, STREET AND DEINARD Professional Association 0 \ '~--., Timothy J. Keane 150 SouTH FtFTH STnEET Suun 2300 M1NNEJ1.r01:.11-1 MTNNllSOTA s;402, TIIL 612-335-1500 FAx 61i·BS•I657 LAW Ol'l'lCES l.N .MINN~Al'OLJS, SAlNT PAUt., MANKATO, SAINT C.1.0UO AND WASHINGTON, U.C. WWW.LEO:NAJI.D,COM STEAC:-< ZON~; (CIRCLE Ol'fE) ~~ i;"~lSTI:'.'!G E~.RDCOV''ER ~ 7.0?'t"'"E A. Hcuse B. C:ar-4~ C. Dri'Ve'"..ray D. Siciewaik E. PatioiDeclc F. Landscape Underlain By Plastic G. Other ., .... X -..... X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPER1Y AREA IN ZONE A 0 .... B 12 1 'P>B'r\ PROPOSED ~COVER IN ZONE Ivici udes A. House X l.c:ngth WilBfl X X X B. Garage X C. Driveway X X D. Sidewalk X X E.. Patio/De± X ~ X ,:: L~~ X .. Underlain X By Plastic X G.. Other -A, TOTA!.. E..-=-.RDCOv"ER IN ZON.e TOTP..l. PRO.l:'1:.RTI _.¼ ... ~.:\ IN Z<Th"E A + B 11 = = = = = = = = = = = = = X 100 = p n, p e r--t 'j = = = = = = = = = = = = = = = X 100 = ... ------- ______ s .. -=_ ______ s..: . ------... -_ ...... ______ .:!...:.--- ______ s..F .. -------S.:. <:-= -------~-______ S.F. -------S.F. ______ S.F. ______ S.F. ______ s.F. ______ S.F. ______ S.F. 0 S.F. 12-,888 S.F. (') % A E., 6+ B~ Co.'<' fY\O.n B O..._j S.F. S.F. s~. -~ ... ;: . ... ·S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.E_ S.F. S.F. 0 ! s..F .. A .n. l ~ i8<?i<A S.F. B 0 o/c SE:TEAC< ZON..:.: (CB.CLE: ONE) V-7S-e) ' :sv-~~of ~i}0-~000' E~""I-~ l 1'.'!G F.,!..RDCO'V-ZR N 70~-S A. Ecu:.se ,. = 1 lB4 .... -_,_,. . 7 -g=..': w:: ~ = :.::;;: ..... -. ~ ~ == s.:. -~ -= .... -.-,. -~- B. Gar-age -= ~-:..-.,., C. Driveway X = ..;-= ......... X = ~-= .. D. Sidewaik X = 3?J7 S.?. X = S.F. E. PatioiDe--..k X = 4) b St:' .... X = s.F. F. Landscape Coo\Z tdf X = ,s S.F. Underlain X = S.F. By Plastic X = S.F. G. Other £1a.ll\te_y-. X = } C, S.F. TOTAL HARDCOVER. IN ZONE ~2~~ S.F. A TOT AL PROPER1Y AREA IN ZONE S.F. B A ~02.?l -!-B -, f, ,'==> X 100 = 26,4 % ::..: PROPOSEll RA!m~OYEB IN zoig; \ C2)1:).i\ A. House X = S.F. L=ngrlt Width X = S.F. X = S.F_. X = S.F. ,_. B. Garage X = ~ ... ·S.F. C. Driveway X = 8tb S.F. X = S.F. D. Sidewalk X = <3e S.F. X = S.F. E. Patio/Ded~. X = \23 S.F. -'! X = S.F. ,:' !...~!!.~ X S.F. 4. Underfain X, = S.F .. By Plastic X = S.F. G.. 0th.er -= S.F. "" TOTA!. E...i....~COvcR rN ZONc ~~S.F. A TOTAL PROPERTY A..JIBA IN ZONE 3' S.F. B A -;. B X 100 = 3ttq_ % ,.,. 11 L\ 'I.1SCiei ~t)1 So<:::::i 1'7 <o3> .\ ::,,O~ '1, ?>:{3 0 <O I r-- .J) .. .0 \.["\ co I co ..... C'' [" -.._9 c!'l --J (/1 M (f\ {:m~J 100 owl KITCHEN M \')(} V\ -c-n ~ 'Q l>'° V) ... ,.,»__ 1$'1:'4 11 ''" \fr, .. "" 10'-11 11 DECK r-- ::::g ~ L\~,?_3 \ ~,c r 1yo·1 Yll ~ I I GREAT ROOM -..... I LC) ..... BEDROOM 13'-6" X 12'-5" 0 ----14'-8" ---""'I ~ 0 ..... I LC) ..... 47-,':Jrl .d~ec..~ ~is-~ s ....,.--, -n,1 o....17 1,---, I O t_L, .J \ ,, ,, L;_ - ,, ,, -_-_J, ~ I O') GARAGE 30'-7" X 24'-4" r----1 I I r--------1 I I I I I I 4'-10"~ 7'-0" ----=-k-6'-10" -4..4'-11 11 \D i..------23'-7" l 31 '-yt" ______ __, -55'-5 11 ;~ ~~ ~i 6J : ·-(f'l 0 l0 MAIN FLOOR PLAN i:n c-1) 1138 sq ft ~ ..... ..... I C\I N ..... I C\I """ 0 42'-6" II II OJ II 1' )> 1' en m II ro s:: II Wm ,, (X) z 1' ~ -I 1' = -u 1' 1' r 1' )> 9'-4" 1' z I\) 0, CX) (Q -I I I\) ...i. = 9 22'-11" 15'-10" 42'-6" Wetland ID Subwatershed D-117-23-10-027 Lake Minnetonka D-117-23 -11-001 Lake Minnetonka D-117-23-11-002 Lake Minnetonka --- D-117 -23-17-003 Lake Minnetonka D-117-23-17-006 Lake Minnetonka D-117-23-17-007 Lake Minnetonka D-117-23-17-008 Lake Minnetonka D-117-23-17-010 Lake Minnetonka D-117-23-17-011 Lake Minnetonka D-117-23-17-013 Lake Minnetonka D-117-23-17-014 La ke Minnetonka D-117-23-20-001 Lake Minnetonka D-117-23-20-008 Lake Minnetonka D-117-23-20-014 Lake Minnetonka D-117-23-20-015 Lake Minnetonka Wetland Conimunity and Hydrology Summary City Of Orono Minnehaha Creek Watershed District Wetla11d Size Wetla11d Tvne Plant (acres) Cowardi,r Circular39 Community 1.82 PEMF Type 4 Shallow Marsh 0.41 PEMB , PFO1A Type 2, Type 1 Fresh (Wei) Meadow, Seasonally Flooded Basin 0 .66 PEMB Type 2 Fresh (Wei) Meadow Hydro logic Setting Depressional Depressional Depressional ~---------·---··· ·-. --. ·----·--···· ...... -----··-· -· ··-·--·---·-----··--·----------···--·····-··-·······--·· .. ------. ··•-------------------·-· 0.42 PFO1A Type 1 Floodplain Forest Depressional 0 .04 PEMF Type 3 Shallow Marsh Depressional 0 .1 PEMC Type 3 Shallow Marsh Depressional 8 .17 PEMF Type 3 Shallow Marsh Depression al 0.42 PEMB Type 2 Fresh (Wei) Meadow Depressional 0.13 PEMC Type 3 Shallow Marsh Depressional i 0 .39 PEMG Type 4 Deep Marsh Depressional 1.86 PEMC Type 3 Shallow Marsh Depressional -------------- 0.43 PFO1A Type 1 Floodplain Forest Depression al . --•-·--••-·---·· ·--· ------ Topographic S etting --- Isolated Isolated Isolated I . ·---- Isolated Isolated ------------------· ···----·----·-·--- Isolated Isolated . ··------------ Isolated ----. ------------·--------- Isolated Isolated Isolated ----... ---.. --------·-· ··---· Isolated 0 .88 PFO1B Type 7 Hardwood Swamp Lacustrine Fringe Shoreland --- i -·-. -0 .27 PEMF Type 3 Deep Marsh Lacustrine Fringe Shoreland 4.21 PEMF Type 3 Shallow Marsh Depression al Flow-through -· -----------·---------------------- ! ',n\-::-<·r·• -,; •'i'1";: ,;,•~Y•::.,,:-·•· ,.-_.:, ...-·«t· r.r:•e -""1-·-·T •l' .... ~,:--: • ·· · ·."' •. · --:· "• -~-·•• -:-:~ .. ,-~ ···-· r ··· -:-. =-·:-"'.'' ~---:.• -.I":. ·. ""= ·•· :-' --~ ~ ;".r~--·. • -.--1 ·., , , •{-·:·: -•·r;"" ".;l'"''':'·:·~-'"·!"":-r·,.,,... ,,,_,.._ ~-7l"ir.""'·"'; .,,. :.-'°'; -·· T•·••-• ,-, .i :~••,:,:i,-•·• .,· ···•. · 1·, ,11 • .~.•,;,·, , ·,.:1·t.~·--• ·• ~,,' • ,. /•'! •. ·•.,t-¥, ..... ·•1-. Thursday , Ja1111ary 23, 2003 Page 15 of 40 ·-.: .... . ,: .· , .. -. ~-!~•~❖ .. ·~ ... .n ·· n n· n ·f .. lJ I . 2618 Casco Point Road Orono, MN . ' Prepared by Svoboda -~co logical ... Resources for: -. E·ric Vogstrom I ,~!land Classification, Identification, and Delineation · Project No. 2004-104-03 ' -·August 31, ,2004 -.. SVOBODA ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources & Environmental Consulting I September 3, 2004 Eric Vogstrom 20840 Channel Drive Ornno, MN 55331 RE:· SER Project Name: 2816 Casco Pojnt Road SER Project No: 2004-104-03 Project Location: A portion of the SE,¼ of the NW¼ of Section 20, T 117N, R 23W, . City of Orono, Hennepin County, Minnesota Project Description: Wetland Classification, Identification, Delineation and Staking Services Dear Mr. Vogstrom, As requested, Svoboda Ecological Re.sources (SER) personnelvisited the above ref~renced property on AugusJ 31, 2004, to ex.amine the site for the presence of areas meeting wetland criteria. Criteria for determining jurisdictional wetlands are as described in the 1987 US. Army • Corps of Engineers Wetlands Delineation Manual ( 1987 Manual) _as required by the Minnesota· • I \ • ' Wetland Conservat10n Act. , · ·· • . \ -. The project site is a small irregularly shaped one-acre lot separated by a small flooded inlet extenping in a nort~erly direction through the center of the property from Carman Bay in Lake Minnetonka. The lot is sparsely wooded on the western side of the propei:ty but becomes denser along the periphery of the, flooded inlet. The property is relatively flat closest fo the basin but has ~n approx..-imate 15 percent incline on the western side of the property which extends further west. The incline begins to level off after an approximate 12-foot increase in-elevation. An abandoned single famiJy home exists at the top of the hill on the western most portion of the property. The project site is bordered by Casco Point Road on the wesforn end, private properties on its northern and southern sides containing single-family homes and Carman Bay on its east-southeastern side. The property lies within the SE ¼ of the NW ¼ of Section 20, Township 117N; Range 23W, City of Orono, He~epin County, Minnesota (Figure 1 ). , METHODS National Wetland lnventory,(NWI) maps, Minnesota Department of Natural Resources (DNR) Public Waters 1:1aps, Soil Survey of Hennepin County, and aerial photographs were reviewed prior 24 77 Shadywood Road • Excelsior, MN 55331 (952) 471-1100 (Office) • (952) 471-0007 (Fax) to the site visit to identify areas of concern. Areas illustrating evidence of wetland conditions were examined in greater detail during the field survey. Vegetation, soils and hydrology were examined (as outlined in the 1987 Manual) and used to characterize wetland types and determine wetland boundaries. Sample transects were established in a representative wetland-to-upland transition zone in order to characterize the vegetation, soils, and hydrology of the site. The transects consist of one representative upland sample point and one representative wetland sample point. The number of transects completed per basin depends on the size of the basin and/or the number of wetland types associated with each basin. Other samples were taken at unmarked locations to provide verification of the wetland edge as needed. Information obtained from the sample points can be found on the field data sheets located in Appendix A. The wetland boundary was marked at the site by blaze-orange "wetland boundary" flagging attached to 4-foot wooden lath. The wetland boundary is considered to be the topographically highest extent of the wetland basin; areas below the staked boundary met the three required wetland criteria while areas above lacked one or more of these criteria. Wetland classification followed methods described by Cowardin et al. ( 1979) and used in the NWI completed by the U.S. Fish and Wildlife Service. The Circular 39 classification (Shaw and Fredine 1956) is also given. The indicator status of plants was determined using the National List of Plant Species That Occur in Wetlands -Minnesota (Reed 1988). Explanation of the plant indicator categories is provided in Appendix B. RESULTS AND DISCUSSION The NWI map (Mound Quadrangle) illustrates one wetland basin on the subject property. The NWI identified wetlands on the property consist of a Type 3/5 (PEMC/UBH) wetland on the southeastern portion of the property (Figure 2). · The Soil Survey of Hennepin County indicates three individual soil types on the subject property (Figure 3). These individual soil types include: Hayden Loam (HbB and C), Klossner Muck (Ma), and Bellville Silt Loam (Le). See Appendix C for a description of the soil series for each of these soil types. Of these soil types, the Klossner Muck (Ma) is classified as hydric soils (Hydric Soils of the United States). The DNR Public Waters Map of Hennepin County illustrates one public water (913w) on the subject property (Figure 4 ). SER personnel examined the subject property for areas meeting jurisdictional wetland criteria during the site visit and delineated one area as being jurisdictional wetland. Detailed vegetation, soils, and hydrology data for the wetland are provided in the data sheets of Appendix A. Basin 1 is located in the in the southeastern portion of the subject property (Figure 5). SER delineated the boundary of Basin 1 as a palustrine (P-) type wetland exhibiting emergent (-EM-) vegetation with a seasonally flooded (-C-) moisture regime along the outermost portion of the basin and a palustrine (P-) type wetland with an unconsolidated bottom (-UB-) that is permanently flooded (-H) in the central portion of the basin or a Type 3/5 (PEMC/UBH) wetland complex. The wetland boundary was based on a dominance of Narrow Leaf Cattail (Typha angust[/olia, OBL), and Wild Mint (Mentha arvensis, FACW) on the wetland side of the boundary and a dominance of Common Buckthom (Rlzamnus carthartica, FACU) on the upland side of the boundary. The boundary was also based on an abrupt decline in elevation from upland to wetland and the fact that the soil was either saturated to the surface or flooded in several areas along the boundary on the wetland side SER used 20 lath to delineate the wetland boundary of Basin 1. Photographs l through 6 (Photo Log) depicts Basin l at the time of the site visit. CONCLUSIONS SER examined the subject property and delineated one wetland basin, which exhibited a dominance of hydrophytic vegetation, hydric soils and wetland hydrology. Basin 1 was classified as Type 3/5 (PEMC/UBH) wetland complex. RECOMMEND A TIO NS While the wetland boundary that SER has delineated is not official until approved by a WCA approved local government unit (LGU), SER advises the property owner to refrain from any filling, draining, or excavating, or any impact to the area SER has delineated as wetland. Depending on the location of the property, buffers around the wetland may also be protected. Any activities in the proximity of the wetland should be cleared with appropriate WCA regulatory agencies. It is also advisable to have the wetland boundary surveyed by a licensed land surveyor, or located with a sub-meter GPS unit. Since the lath used along the boundary can be vandalized or inadvertently knocked over, a survey or GPS location of the lath wil_l assure the permanence of the boundary. The client should also be aware that approved wetland boundaries are typically valid for only three years from the date of approval. Please feel free to contact Brian Burgner or Frank Svoboda at (952) 471-1100 if you have any questions regarding the information in this report. You will be receiving a follow-up phone call in two to three weeks to see if there is anything else that is needed. SER appreciates the opportunity to assist you with this project and we look forward to serving any future needs that you might have. Sincerely, Svoboda Ecological Resources Franklin J. Svoboda, CWB, PWS Vice-President Brian K. Burgner Wetland Ecologist DATA SOURCES Minnesota Department of Natural Resources Protected Waters Inventory Map, Hennepin County. 1985. USDA. Soil Survey of Henepin County. June 1971. l 59pp. plus appendices. United States Fish and Wildlife Service National Wetland Inventory Map -Mound Quadrangles. 1991. (Taken from May 2003 aerial photographs). USGS. Digital Orthophoto Quadrangle -Hennepin County, Section 20, Township 117N, Range 23W. USGS. May, 2003. LITERATURE CITED Cowardin, L.M., V. Carter, F.C. Golet, and R.T. LaRoe. 1979. Classif'ication of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS-79/31. 103pp. Eggers, Steve D. and Donald M. Reed. 1997. Wetland Plants and Plant Communities of Minnesota and Wisconsin. US Army Corps of Engineers, St. Paul District. 263pp, unclassified. Environmental Laboratory. 1987. 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. National Technical Committee for Hydric Soils. 1991. Hydric Soils of the United States. USDA Soil Conservation Service, Washington, D.C., Misc. Publication Number 1491. 1991. Reed, P.B. 1988. National List of Plant Species that Occur in Wetlands: Minnesota. National Wetlands Inventory, U.S. Fish and Wildlife Service, St. Petersburg, Florida. Shaw, S.P., and C.G. Fredine. 1956. Wetlands of the United States. U.S. Fish and Wildlife Service, Circular 39. 67pp. - Figures r [ SVOBO .DA 'Ecological Resources 0 Map of Site -Approximate Parcel Boundary 0.1 0.2 0.4 Miles ----- W*E s 2618 Casco Point Road Figure 1 I l 1 l n f l r I l I I ! [ 1 J I I j j I J 11 :. 1 \'_ .SVOBODA ;; i ·Ecological Resources ·~ - National Wetland Inventory Overlayed on 2003 Aerial Photo -Approximate Parcel Boundary 0 200 400 Feet ------ W*E s 2618 Casco Point Road Figure 2 n r1 f l l n l I I ii - .:-~/: ._SVOBODA ;,-/~fr Ecological Resources Hennepin County, MN Soil Survey Overlayed on 2003 Aerial Photo 0 1:::::::1 Non-Hydrlc Soils E22] Hydric Soils -Approximate Parcel Boundary 200 400 Feet -------- W*E s 2618 Casco Point Road Figure 3 I l :::'r _·:_ SVOBODA ·Ecological Resources Mn/DNR Public Waters Hennepin County, Minnesota -Approximate Parcel Boundary 0 0.1 0.2 --0.4 Miles ------ W*E s 2618 Casco Point Road Figure 4 , I l. .. .SVOBODA ; 1 .: 'Ecological Resources J ·~ ,; ~ Approximate Wetland Boundary Overlayed on 2003 Aerial Photo I * Sample Point Approximate Wetland Boundary I -Approximate Parcel Boundary I 0 200 400 -----Feet W*E s 2618 Casco Point Road Figure 5 Appendix A Field Data Sheets - SVOBODA ECOLOGICAL RESOURCES Wetlands Inventory & Delineation • Fisheries • Wild!tje • Natural Communities Site Name: 2618 Casco Point Road Basin\Area: Basin ---'------------1 n vest i gators: ... B:a.a;.;KaaBa.-___________ _ Disturbed Condition? Yes No v Nature of Disturbance: Date: Sample Point ID: Community Type: VEGETATION Dominants (':'..20% + basal or aerial covt:rage) Au". 31, 2004 SP 1-1 WET Type 3/5 (PEMC/UBH) Non-dominants Species Stratum Indicator Status Species Stratum Indicator Status Tv12Jw cmfI_ustilolia H VS T OBL Rhamnus carthartica H VS T FACU HVST Im12.atiens ca12.ensis HVST FACW H VS T MalusSf2.f2.· H VS T H VS T HVST HVST HVST HVST H VS T H VS T HVST >50% of Dominants FAC or wetter'? V Yes No >50% of Dominants FACW, OBL (FAC-neutral test) V Yes No NIA Notes: No vine or shrub species obseved at this sample location. SOILS County Soil Survey Map Unit: Hayden loam Soil Series is on National Hydric Soil List Area mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants are OBL and FACW and wetland boundary is abrupt _L Mineral Soil Organic Soil Horizon/Depth 0-6" Matrix Color 6-20" N 2.5/0 gley Hydric Soil Present? v' Yes Notes: No Texture Peat Sandy clay loam Undetermined Features !Primary indicators (P) Secondary indicators (S) ! HYDROLOGY Depth of sampling: 20 Inches Inundated, Depth of Water: (P) ----Free water in borehole, Depth from Surface: Water Marks, Elevation: (P) ----Drift Lines or Sediment Deposits (P) Hydrology Criterion Met? v' Yes No Other Observations: No f~ater ~rved in the borehole. Oxidized Root Channels in Upper 12 inches (S) Drainage Patterns in Wetlands (P) v' Water-stained leaves (S) Local Soil Survey Data (S) ~ FAC-Neutral Test (S) WETLAND DETERMINATION ls the Sample Point in Wetland? Yes v' No Undetermined Distance from Delineated Edge: 5 It. NI A Notes: Wetland edge based on vegetation and topographic line SVOBODA ECOLOGICAL RESOURCES Wetlands I nvent01:v & Delineation • Fisheries • Wildlife • Natural Communities Site Name: 2618 Casco Point Road Basin\Area: Basin ---------------1 n vest i gators: BKB ...;;c...c.=---------------D is tu r bed Condition·> Yes No v Nature of Disturbance: Date: Sample Point ID: Community Type: VEGETATION Dominants (~20% + basal or aerial coverage) ALI". 31. 2004 SPI-IUP UPLAND Non-dominants Species Stratum Indicator Status Species Stratum Indicator Status Paa 12.ratensis H VS T FAC-Fraxinus 12.ennsvlvanica H VS T FACW Rhamnus carthartica HYST FACU lm12atiens ca12ensis HVST FACW HVST Medus Sf2f2· HVST HYST Glecoma hederacea H VS T FACU HYST Galium tri(lorum H VS T FACU+ HVST HYST H VS T H VS T >50% of Dominants FAC or wetter? Yes v' No >50% of Dominants FACW, OBL (FAC-neutral test) Yes V No N/A Notes: No vine or shrub species obseved at this sample location. SOILS County Soil Survey Map Unit: Hayden loam Soil Series is on National Hydric Soil List Area mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants are OBL and FACW and wetland boundary is abrupt v Mineral Soil Horizon/Depth 0-7" 7-12" 12-20" Hydric Soil Present? Organic Soil Matrix Color 10YR4/3" 10YR4/3" l0YR 2/1 Yes v' No Texture Sandy loam Sandy loam Sandy clay loam Undetermined Notes: *Iron Oxide Soft Masses Features Few/Fine/Prominent 5YR 5/8 IOSM* Common/Course/Distinct 1 0YR 2/1 !Primary indicators (P) Secondary indicators (S) I HYDROLOGY Depth of sampling: 20 Inches Inundated, Depth of Water: (P) Free water in borehole, Depth_fr_o_m_S_u_rf:-ace: Water Marks, Elevation: (P) ----Drift Lines or Sediment Deposits (P) Hydrology Criterion Met? Yes v' No Other Observations: No free water observed in the borehole. Oxidized Root Channels in Upper 12 inches (S) Drainage Patterns in Wetlands (P) Water-stained leaves (S) Local Soil Survey Data (S) FAC -Neutral Test (S) WETLAND DETERMINATION ls the Sample Point in Wetland? Yes No v' Undetermined Distance from Delineated Edge: 5 ft. NIA Notes: Wetland edge based on vegetation and topographic line - Appendix B Plant Indicator Categories IND I CA TOR CATEGORIES* Obligate Wetland (OBL) -Occur almost always (estimated probability >99%) under natural conditions in wetlands. Facultative Wetland (FACW)-Usually occur in wetlands (estimated probability 67% - 99%), but occasionally found in non-wetlands. Facultative (FAC) -Equally likely to occur in wetlands or non-wetlands (estimated probability 34%-66%). Facultative Upland (FACU)-Usually occur in non-wetlands (estimated probability 67%-99%), but occasionally found in wetlands (estimated probability 1%-33%). Obligate Upland (UPL)-Occur in wetlands in another region, but occur almost always (estimated probability >99%) under natural conditions in non-wetlands in the region specified. If a species does not occur in wetlands in any region, it is not on the National List. *Reed, P.B. 1988. National list of plant species that occur in wetlands: Minnesota. National Wetlands Inventory, U.S. Fish and Wildlife Service, St. Petersburg, Florida. - Appendix C Soil Series Descriptions BELLEVILLE SERIES The Belleville series consists of poorly drained and very poorly drained soils formed in sandy materials underlain hy loamy glacial or lacustrine sediments at 20 to 40 inches. Permeability is rapid in the sandy materials and moderately slow in the loamy materials. Slopes range from O to 2 percent. Mean annual precipitation is ahout 33 inches, and mean annual temperature is about 49 degrees F. TAXONOMIC CLASS: Sandy over loamy, mixed, semiactive, mesic Typic Endoaquolls TYPICAL PEDON: Belleville loamy fine sand on a l percent slope in a cultivated field. (Colors are for moist soil unless otherwise indicated.) Ap--0 to 11 inches; black ( 1 0YR 2/1) loamy fine sand, dark gray (1 0YR 4/1) dry; moderate medium granular structure; friable; common fine roots; mildly alkaline; abrupt smooth boundary. (11 to 16 inches thick) Bg--11 to 20 inches; grayish brown (2.5Y 5/2) fine sand; few fine prominent yellowish brown (l0YR 5/6) and few fine distinct light gray (l0YR 6/1) mottles; single grain; loose; few fine roots; black (IOYR 2/1) coatings in root channels; mildly alkaline; clear wavy boundary. (0 to 20 inches thick) Cgl--20 to 30 inches; light gray (l0YR 6/1) fine sand; common fine prominent brown (7.5YR 4/4) and common medium prominent light olive brown (2.5Y 5/4) mottles; single grain; loose; slight effervescence; mildly alkaline; abrupt smooth boundary. (0 to 10 inches thick) 2Cg2--30 to 34 inches; gray (SY 5/1) heavy clay loam; common medium distinct dark grayish brown (2.5Y 4/2) and few fine distinct olive (SY 5/6) mottles; moderate coarse subangular blocky structure; firm; about 1 percent gravel; strong effervescence; moderately alkaline; clear wavy boundary. (0 to 5 inches thick) 2Cg3--34 to 51 inches; dark grayish brown (2.5Y 4/2) silty clay loam; common medium distinct dark gray (SY 4/1) mottles; massive; firm; about 3 percent gravel; strong effervescence; moderately alkaline; clear wavy boundary. 2Cg4--51 to 55 inches; gray (1 0YR 5/1) silty clay loam; common medium prominent olive brown (2.5Y 4/4) mottles; massive; firm; about 5 percent gravel; strong effervescence; moderately alkaline; clear wavy boundary. 2Cg5--55 to 60 inches; gray (IOYR 5/1) silty clay loam; few fine prominent dark reddish gray (SYR 4/2) mottles; massive; firm; about 2 percent gravel; strong effervescence; moderately alkaline. TYPE LOCATION: Wayne County, Michigan; about 7 1/2 miles south and 1 mile east of Belleville; 528 feet west and 2376 feet north of the southeast comer, sec. 34, T. 4 S., R. 8E. RANGE IN CHARACTERISTICS: The depth to the 2C horizon ranges from 20 to 40 inches. The solum ranges from slightly acid to moderately alkaline. Rock fragments, dominantly gravel, ranges from Oto 5 percent by volume throughout the pedon. The Ap horizon has hue of I 0YR. value of 2 or 3, and chroma of I or 2. It is sandy loam, loamy fine sand, loamy sand, fine sand, or sand. A thin AE horizon is present in some pedons. The Bg horizon has hue of l0YR or 2.SY, value of 4 to 6, and chroma of I or 2. It is loamy fine sand, loamy sand, fine sand, or sand. The C horizon has hue of l0YR to SY, value of 4 to 6, and chroma of l to 3. It is loamy fine sand, loamy sand, fine sand, or sand. It is mildly alkaline or moderately alkaline and has slight to strong effervescence. The 2C horizon has hue of lOYR to SY, or is neutral; value of 4 to 6; and chroma of Oto 6. It is clay loam, loam, silt loam, or silty clay loam. Thin lenses of fine sand or sand are in some pedons. COMPETING SERIES: There are no competing series. Similar soils are the Breckenridge, Brevort, Burleigh, Corunna, Edmore, Essexville, Granby, Pinconning, Roscommon, and Wauseon series. Breckenridge, Brevort, Burleigh, Pinconning, and Roscommon soils have frigid temperatures. The Breckenridge and Corunna soils are coarse-loamy. Edmore soils do not have mollic epipedons and are sandy. Essexville soils are calcareous. Granby soils are sandy. Wauseon soils are coarse-loamy over clayey. GEOGRAPHIC SETTING: Belleville soils are on nearly level lake plains and till plains. Slopes range from 0 to 2 percent. The soils formed in sandy glaciofluvium underlain by loamy glacial or lacustrine sediments at depths of 20 to 40 inches. The mean annual precipitation ranges from 29 to 37 inches, and the mean annual temperature ranges from 46 to 50 degrees F. GEOGRAPHICALLY ASSOCIATED SOILS: The well drained and moderately well drained Metea soils and somewhat poorly drained Selfridge soils are in a drainage sequence with Belleville soils. In most landscapes with the Belleville soils are the Corunna, Granby, Oakville, Pewamo, Tedrow, and Thetford soils. The Oakville and Tedrow soils do not have loamy material. The Pewamo soils do not have sandy material. The Thetford DRAINAGE AND PERMEABILITY: Poorly and very poorly drained. Surface runoff is very slow or ponded. Permeability is rapid in the sandy horizons and moderately slow in the 2C horizon. USE AND VEGETATION: The greater part of these soils is cropped to corn, soybeans, and small grains. A few areas of these soils are in pasture, idle land, woodland, truck crops, or sod production. The wooded areas are chiefly lowland hardwoods. DISTRIBUTION AND EXTENT: The southeastern part of the Lower Peninsula of Michigan. The series is of moderate extent. MLRA OFFICE RESPONSIBLE: Indianapolis, Indiana SERIES ESTABLISHED: Wayne County, Michigan, 1974. REMARKS: Classification was adjusted to agree with ST Issue #17 on 7 Sept 94 by CLG. Diagnostic horizons and features recognized in this pedon are: mollic epipedon - the zone from the surface to l l inches (Ap horizon); aquic moisture regime. HAYDEN SERIES The Hayden series consists of deep well drained soils that formed in calcareous loamy glacial till on glacial moraines and till plains. These soils have moderate permeability. Their slopes range from 2 to 40 percent. Mean annual precipitation is about 28 inches, and mean annual temperature is about 46 degrees F. TAXONOMIC CLASS: Fine-loamy, mixed, superactive, mesic Glossic Hapludalfs TYPICAL PEDON: Hayden loam with a 6 percent convex slope on a terminal moraine in a deciduous forest. (Colors are for moist soil unless otherwise noted.) A--0 to 2 inches; very dark gray (l0YR 3/l) loam; weak fine granular structure; very friable; about 5 percent coarse fragments; neutral; abrupt smooth boundary. ( I to 4 inches thick) E--2 to 9 inches; dark grayish brown (l0YR 4/2) light loam; weak thin platy structure; very friable; few very dark gray ( IOYR 3/l) worm casts in upper part; about 5 percent coarse fragments; slightly acid; clear wavy boundary. (0 to 12 inches thick) BE--9 to 14 inches; brown (l0YR 5/3) fine sandy loam; weak fine and medium subangular blocky structure; friable; many distinct coatings of clean sand and silt particles on faces of peds; about 5 percent coarse fragments; medium acid; clear wavy boundary. (0 to 8 inches thick) Btl--14 to 28 inches; yellowish brown (l0YR 5/4) loam; moderate fine and medium subangular blocky structure; firm; few faint coatings of clean sand and silt particles and few faint dark yellowish brown ( l0YR 4/4) clay films on faces of peds; about 5 percent coarse fragments; strongly acid; clear wavy boundary. Bt2--28 to 38 inches; yellowish brown (lOYR 5/4) loam; moderat_e fine and medium prismatic structure parting to moderate fine and medium angular blocky; firm; many distinct dark yellowish brown ( 1 0YR 4/4) clay films on faces of peds; about 5 percent coarse fragments; few prominent black clayey fillings in root channels; strongly acid; clear wavy boundary. Bt3--38 to 43 inches; yellowish brown (l0YR 5/4) loam; few fine prominent reddish brown mottles; moderate fine and medium prismatic structure; friable; few distinct dark yellowish brown (1 0YR 3/4) clay films on faces of peds; about 5 percent course fragments; slightly acid; abrupt wavy boundary. (Combined thickness of Bt horizons is 12 to 30 inches.) C--43 to 60 inches; light olive brown (2.5Y 5/4) loam; few fine faint grayish brown (2.5Y 5/2) and light olive brown (2.5Y 5/6) mottles; massive; friable; and 5 percent coarse fragments; slight effervescence; mildly alkaline. TYPE LOCATION: Rice County, Minnesota; about 4 miles north of Faribault; 1,920 feet east and 30 feet north of the southwest comer of sec. 1, T. 110 N., R. 21 W. RANGE IN CHARACTERISTICS: Solum thickness and depth to free carbonates range from 24 lo 54 inches. Coarse fragments of mixed lithology comprise 2 to 8 percent of the volume of the control section. The A horizon has hue of I 0YR. value of 2 or 3, and chroma of I or 2. The Ap horizon has value of 4 or 5 and chroma of I or 2 and value of 6 when dry. The E horizon has hue of I 0YR, value of 4 or 5, and chroma of I or 2. The A and E horizons typically are loam, silt loam, sandy loam, or fine sandy loam, but include clay loam, if eroded. They are neutral to medium acid. The Bt horizon has hue of IOYR in the upper part and I0YR or 2.SY in the lower part, value of 4 or 5, and chroma of 3 through 5. Mottles are present in the lower subhorizons in some pedons. It typically is clay loam or loam, but sandy clay loam is in parts in some pedons. The argillic horizon has 18 to 35 percent clay and 30 to 45 percent sand. It is slightly acid to strongly acid. Some pedons have a BC horizon. The C horizon has a hue of IOYR or 2.SY, value of 4 or 5, and chroma of 3 through 6. It is loam or clay loam. It lacks mottles in some pedons. It has 15 to 25 percent calcium carbonate equivalent and is mildly or moderately alkalikne. COMPETING SERIES: These are the Amanda, Belmont, Belmore, Chenault, Chili, Coggon, Conestoga, Douds, El Dara, Gallman, Grellton, Hebron, Hickory, High Gap. Hollinger, Kalamazoo, Kanawha, Kendallville, Kidder, Kosciusko, LeRoy, Letort, Lindley, McHenry, Mandeville, Martinsville, Miami, Mifflin, Military, Nodine, Norden, Ockley, Owosso, Pecatonica, Princeton, Rawson, Relay, Renova, Richland, Riddles, Rockbridge, Roseville, Sisson, Strawn, Summitville, Teanaway, Theresa, Wawasee, Westville, Whalan, and Woodbine soils in the same family. Amanda horizon soils have more illite in the B and C horizon; Belmont soils have redder hue in the B horizon. Belmore, Chili, Kalamazoo, and Ockley soils formed in glacial outwash and have sandy or sandy-skeletal 2C horizons. Chenault soils have chert fragments in the ·solum and are underlaid by limestone bedrock. Coggon, Gallman, Hickory, Pecatonica, Renova, Riddles, Summitville, and Westville soils have thicker sola. In addition, Coggon soils have low chroma mottles in part of the B2 horizon. Conestoga, Kendallville, Letart, Richland, and Rockbridge soils have more coarse fragments. Douds, El Dara, Kidder, Sisson, and Wawasee soils have less clay and more sand or silt in the lower part of the B horizon and in the C horizon. High Gap, Hollinger, Mandeville, Mifflin, Military, Norden, Roseville, Whalan, and Woodbine soils have bedrock beginning between depths of 20 and 60 inches. Grellton, Hebron, Lindley, and Rawson soils have more silt or clay or both in either the lower part of the B horizon or C horizon or both. Kanawha soils are formed in alluvium from acid shale and are in an area of higher rainfall. LeRoy and Strawn soils have thinner sola. McHenry and Miami soils have more silt or clay, or both in the upper part of the solum. Martinsville soils have redder hue in the B horizon and formed in stratified outwash or lacustrine sediments. Nodine soils have thicker sola which is more stratified and leached of free carbonates to greater depths. Owosso soils have more sand and less silt or clay in the upper part of their sola. Princeton soils formed in aeolian sediments and have stratified C horizons. Relay soils have hue of 2.SY or SY in all parts of the B horizon. Teanaway soils have firm sandy clay loam C horizons with redder hue. Theresa soils formed partly in loess and have 2C horizons with 40 to 60 percent calcium carbonate. GEOGRAPHIC SETTING: Hayden soils have plane or convex slopes on gently undulating through steep glacial moraines of the Des Moines and Grantsburg sub lobe of the Late Wisconsinan glaciation. Their slopes range from 2 to 40 percent and mostly are 80 to 300 feet in length. These soils formed in calcareous loamy glacial till. Montmorillonite is the dominant clay mineral in the glacial till. Mean annual temperature is 45 to 50 degrees, and mean annual precipitation is 27 to 33 inches. GEOGRAPHICALLY ASSOCIATED SOILS: These are the Ames, Dundas, Hamel, Luther, and Nessel soils which are members of a toposequence with the Hayden soils. Moderately well drained Nessel soils have plane or slightly convex slopes. Poorly drained Ames and Dundas soils have slightly concave to slightly convex slopes with gradient of less than 2 percent. Poorly drained Hamel soils are on toe slopes. Organic soils are common associates in some places. DRAINAGE AND PERMEABILITY: Well drained. Runoff is medium and rapid. Permeability is moderate. USE AND VEGETATION: Mostly cleared and cultivated to com, soybeans, small grain, and hay. Native vegetation was deciduous forest of maple, basswood, oak, and elm. DISTRIBUTION AND EXTENT: Southeastern Minnesota and in central Iowa. Extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Hennepin County, Minnesota, 1929. ADDITIONAL DATA: Refer to Minnesota Agricultural Experiment Station Central File Code No. 967 for results of some laboratory analysis of the typical pedon. KLOSSNER SERIES The Klossner series consists of very deep. very poorly drained soils formed in well decomposed organic material 16 to 50 inches thick overlying loamy deposits on moraines, till plains, lake plains, flood plains, and hillside seep areas. They have moderately slow to moderately rapid permeability in the organic material, and moderate or moderately slow permeability in the loamy material. Slopes range from O to 8 percent. Mean annual precipitation is ahout 28 inches. Mean annual temperature is about 47 degrees F. TAXONOMIC CLASS: Loamy. mixed, euic, mesic Terrie Haplosaprists TYPICAL PEDON: Klossner muck -with a I percent slope in a cultivated field. (Colors are for moist soil unless otherwise stated.) Oap--0 to 10 inches; black (N 2/0) muck, very dark gray (l0YR 3/1) dry; about 20 percent fiber, less than 5 percent rubbed; weak fine subangular blocky structure; very friable; many very fine roots; moderately acid; abrupt smooth boundary. Oa--10 to 26 inches; black (l 0YR 2/1) muck, dark gray (l 0YR 4/1) dry; about 60 percent fiber, about 6 percent rubbed; weak fine subangular blocky structure; very friable; many very fine roots; moderately acid; gradual smooth boundary. (Combined thickness of 0 horizon is 16 to 50 inches.) 2Al--26 to 36 inches; black (N 2/0) mucky silty clay loam; weak medium subangular blocky structure; friable; few very fine roots; slightly acid; gradual smooth boundary. 2A2--36 to 48 inches; black (N 2/0) silty clay loam; massive; friable; few dark reddish brown (SYR 3/4) iron oxide concentrations in root channels; about 1 percent gravel; neutral; gradual wavy boundary. (Combined thickness of 2A horizon is 8 to 45 inches thick.) 2Cgl--48 to 65 inches; olive gray (SY 5/2) clay loam; massive; friable; dark reddish brown (SYR 3/4) Fe oxide concentrations in root channels; many medium prominent yellowish brown (l0YR 5/6) Fe concentrations; about 1 percent gravel; slightly effervescent; slightly alkaline; gradual wavy bounday. 2Cg2--65 to 80 inches; gray (SY 5/1) loam, massive; friable; many medium prominent light olive brown (2.SY 5/4) and yellowish brown (l0YR 5/4) Fe concentrations; about 3 percent gravel; slightly effervescent; slightly alkaline. TYPE LOCATION: Nicollet County, Minnesota; 2600 feet north and 2300 feet east of the southwest comer, sec. 12, T. 110 N., R. 28 W.; USGS Nicollet quadrangle; lat. 44 degrees 20 minutes 53 seconds N. and long. 94 degrees 8 minutes 28 seconds W., NAD27. RANGE IN CHARACTERISTICS: The thickness of the organic material ranges from 16 to 50 inches. It is derived primarily from herbaceous plants. The organic matter content ranges from 25 to 60 percent in the organic surface and 5 to 20 percent in the 2A horizon. The reaction of the organic material ranges from moderately acid to slightly alkaline. Some organic layers contain free carbonates. The O horizon has hue of I 0YR. 5YR, or is neutral, value of 2 or 3 and chroma of Oto 2. It is dominantly muck (sapric material) however, some pedons have thin layers of hemic material, less than 10 inches thick. Some pedons have highly organic mineral plow layers. The 2A horizon has hue of I 0YR, 2.5Y, 5Y or is neutral, value of 2 or 3 and chroma of 0 to I. It is loam, silt loam, sandy clay loam, silty clay loam, clay loam or mucky modifiers of these textures. It is moderately acid to slightly alkaline. Some pedons contain thin layers of coprogenous earth. The 2Cg horizon has hue of I 0YR, 2.5Y, 5Y, 5GY, or is neutral, value of 2 to 7 and chroma of 0 to 2. It is loam, silt loam, silty clay loam, clay loam, sandy clay loam, sandy loam or fine sandy loam, or their gravelly or cobbly analogues. It is slightly acid to moderately alkaline. The upper 12 inches of this horizon averages less than 35 percent clay. Some pedons contain thin strata of fine sand, loamy sand, or silt. Gravel or cobble sized rock fragments range from 0 to 25 percent by volume. Some pedons contain free carbonates. Sandy substratum and ponded phases are recognized. COMPETING SERIES: These are Linwood, Medo, Palms, Philbon and Shalcar series. Linwood soils have well expressed granular structure to depths of more than 12 inches and formed mainly in woody fibers. Medo soils have sandy textures in the lower part of the series control section. Palms soils have organic matter content greater than 75 percent and do not have an A horizon directly below the organic material. Philbon soils have fibric and hemic material in the upper 12 inches. Shalcar soils ave less than 26 degrees difference between mean January and mean July temperatures. GEOGRAPHIC SETTING: Klossner soils are in basins that were formerly lakes or ponds, lake plains, till plains, flood plains, or moraines. They are also on hillside seep areas in moraines and sideslopes of river valleys. Slopes range from 0 to 8 percent. The soils on nearby uplands are generally loamy. The mean annual temperature ranges from 45 to 50 degrees F. The mean annual precipitation ranges from 24 to 32 inches. Frost free days range from 110 to 160. Elevations above sea level range from 800 to 1400 feet. GEOGRAPHICALLY ASSOCIATED SOILS: The main ones are the Canisteo, Harps, Okoboji, Glencoe, Muskego and Houghton soils. Canisteo and Harps soils are on the rims of depressions. Glencoe and Okoboji are at the outer edges of the depressions. Muskego and Houghton soils are in larger depressions. DRAINAGE AND PERMEABILITY: Very poorly drained. Surface runoff is negligible. Permeability is moderately slow to moderately rapid in the organic layers and moderate or moderately slow in the loamy material. USE AND VEGETATION: The greater part of this soil is cultivated to com, soybeans, small grains and specialty crops such as vegetables or grass sod. Other areas are in vegetation of grasses, reeds, sedges, alder, aspen, or willow. Some of the hillside seep areas are set aside as natural areas and called fens. DISTRIBUTION AND EXTENT: The south central and southeast part of Minnesota and possibly northern Iowa. The series is extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Nicollet County, Minnesota, 1989. REMARKS: Diagnostic horizons and features recognized are: sapric soil materials from the surface to about 26 inches; loamy mineral material from 26 to 50 inches or more; aquic moisture regime. This soil was formerly included in the Palms Series in Minnesota. ADDITIONAL DATA: Refer to MAES-CFC#'s 2697, 3251, 3400 and 3475. - Photo Log PHOTO 1: Basin 1, facing northeast toward Carman Bay at Sample Transect 1-1. PHOTO 2: Basin 1, facing northeast. J \I ., I ·~,fl svo BO DA ilff.'Ecological Resources PHOTO LOG OF SITE 2618 Casco Point Road PHOTO 3 : Basin 1, facing east along northern edge of the boundary. PHOTO 4: Facing south along northern edge of the boundary. PHOTO LOG OF SITE SVOBODA 'Ecological Re sources 2618 Casco Point Road PHOTO 5: Basin 1: Facing southwest along the eastern edge of the boundary. J PHOTO 6: Basin 1: facing west along the eastern edge of the boundary . \!1 I .:~Jl svo so DA if#f 'Ecological Resources PHOTO LOG OF SITE 2618 Casco Point Road Affidavit of Publicat1vn State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO­ NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the req~i_re­ ments constituting qualifications as a qual1f1ed newspaper, as provided by Minnesota Statute 331A .02, 33IA.07, and other applicable laws, as amended . B.) The printed1_'7>_-\~v:::_· ..:::b::...\.:.:.,·....::c:..___h....:..-e.__a__=-..::::....:...r _:_l_r'---"<~F which is attached was cut from the columns of said newspaper, and wfs printed and pu_blished once each week for · successive weeks: 20 ac/- It was first published Saturday, the 2 day of O c:+ and ~thereafter printed and published every Saturday, to and including Saturday, the __ day of ________ 20 __ _ ~~zed Agent t. .,. 1. I' ,,,-.,,:_, -,~•,,n,..,,,.,.-~··::,<'-,~,~ ••·-. Subscribed and sworn to me on this 0 . OLt '2-day of G-+-, 2 0 __ _ LEGAL NOTICE requesis a lot area variance to· permit con- .! CITY_ OF ORO!ll_O _. struction of a seasonal oabin on ·a lot 3.33 · 2750 Kelley. Parkway, P.O. Be>x 6f! acres in size :When 5 acres 'is normally ·" · . .Crystal Bay, MN 55323 . requir(!d. · · .,.Phone(~2)249:,'J600 'Fax (952)24§..~•~:-· · , .·. 3}/':_::,,t;' · '.· --~ ~:?~.·:;(\--/?!'i0}~ ~~1i8North#f:;;;~~iv!i~~ti1c ;~~~ ·:~ •;' .. N()TICE .OF PUBLI~ HEAl:ll!"ffi '. .. , ·,. di!>ltipt; request~ a lot area, lot width, and,' _-.: ,". -_·,_ . . ._ :~ .. -_. :.,._._.-.. ,, __ , .,;hardcover varianCe 'for the 75'-250' zone .:., • • -T/le Planning -Ci;>mmissio'n will hold -in order to construct a new residence· on . -·public hearings in the . b~ono Bouncil ·an existing lot... · -_.Chamoers at '2780 :Kelley Parkway .on. . !:•·Monday, ·october 18; 2004, beginning at 9. #04--3059: James , Render 1' 6:00 p:m: ,on-,_!he matter of reviewing the.-· 1335 Tonkawa Road, 'LR -1 C zoning dis'..: l following · land use. applications: -, . trict; requests a c,onditional use permit in order -to construct a . cupola . with a peak h~ight of 42.5 feet.' · ·-1: · , #04-3042 .P-illar Homes on behalf of Roger -'& Carol Rovick, 1625' Sohns Point Rd,· · . 10. · #04-3060 .Mich.ael and · I t.R -J°B -zor.ing district: requests an Donna Ebertz , 1220 Tonkawa Road, LR -. ; after-the0fact ·conditiona! -use ·permit ·for .n s zoning district, request an .,after-the- i gradi11g and fill in' excess of 500 cubic _-. fact conc)iti.onal use perm.it and hardcover 'yards in conjunction with the construction , · variance for ·the 0-75 ''zone to -permit ·1ahd · o( a new resideric;:e. : ,-alternations and boulder walls within 7 5'·of,_, . the·OHWL of -lake Minnetonka.'. · . _:?J . 2. ~04-3052 Eric \ Vogstrom, -. ·._:__ ' '" : . :!Ji: 12618 Casco-Point Road ,·LR-1C zoning · .-• 11 .· 4t04-3061 · Gary' ·Hansen . or?;; 1 district, requests -a side street setback · behalf of Bill and Robin Grierson, 1989 I variance to permit construction of a new "Fagerness· ·Point Road, lR -1 C · zoning "principal re sidence to be located 1 O' from district, request hardcover variances for _platted right-of-way when 1 5' is ' normally the 0-75' and 75' -250' lake setback zones required 'and a hardcover variance within in qrder to c_onstruct.an adpi.tion. · the .75'-250' zone to pe~,it 58% hardcov- i er Whe_ n_ 25·3/.· o ,is n_-?_ mi_aJ .',Y __ a, llow_ ed._ " ,_. . , 1'2 . #04-3062 John : -Terrance f Homes l;!-C, 26XX Kell~y Par(<way (Outlot 3. -. #04--3053 · Bar.I and Betsy _E, ~t~nebay), -PUD. zoning, 'requests a · / Butzer, 2625 North Shore Drive , LR -1A ·_final plat anp PUD site ,plan amendment -zoning district, .• request a lake seiback -for construction of a ·62-unit coiiaominium / varja'lce in ordei: to construct .a dormer . building . · · . ,. , over the existing structure located within 1 75; of the OHWL ·of .Lake Minnetonka. . ··13. ' -#04-3063 WJM · Properties, ·i' ·-;_ LL'C, '2 605 · West Wayzata ' BoUlevard ; ·· 4_. , /#04~3054 J°oh and ·Gi;iil _-industrial zoning district:r.iquestij a condi-. II Blackstorie, 447ei Forei,t· lake Lan~ing , -tiorial -use .permit amendm·ent in ·order to LR -JS zoning district, request lot wit:fth iri~tall· additiorial lighting in the parking lot. : variance in .order to ·construct-a new resi-.. r dence on an e_xisting lot and-a variance to p(lr!Jlil an access_ory building'to be.located nearer the sireet or front-lot line than the 'principal structure : · . . , . , .... . \ ... ·All persons wishing to be _ h\!ard are encouraged to attend th1s -meeting . Written t omments are accepted and should _ be su~mitted to the City of Orono 5. · ' #04-1 055 Dr. , Martha by October 11 , _'2004. · Plans are"available Spencer, 1Q05 Willow brive S, RR -;-1B. -for ,review in the City Offices. For .an · zoning district, reqµests a har.dcover vari0 ·• :· appoil)li,heht; P,lease call -(952) 2_49,~oo . ance for the ·oi~;:lake !>etba:ck'·zo_ne_.i~-·, ·. . .. · · -. -·:. , : · , · _ . ; order to construct patios, walkways, and.a ·City of Orono , gazebo ,vithin 75' of the Ot-iWL of French By: ·p1an~ing Commission Lake. •-· · ' ~~ · ~; .. , 0 It ~~ . ·, •· •.:,. If I ' 6.. ·-.#.04-3056 Dennis -v .. l and: By: \1q C.lh 4~~ C4 ~ ~ ~ Evelyn N. Bruce, 3435 Livingston Avenue ;. ..}____ --I LR ·...: 1 C zoAing district, ·request a vari-" Posted at Oroho City Offices 'Mic hael P. Gaff;on,. Pl~nning Dire¢tor- •. . Notary Public ·ance to P~IT!lit an acc~ssory building to be · <::rystal Bay Post Office · .located • nearer the street or front lot line · . Long Lake Posl Office , _ than the priricipal structure. _Navarre Posl'Office . · Rate Information (1) Lowest classified rate paid by commercial users for com­ parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $1_5.50. (3) Rate actually charged for ab~ve matt~r: $7.80 per mch. Each additional successive week. $5.40. 7. ,. . #04,3057'' Don Henderson ,_ . (Published in The Laker and The Pioneer 560 _ Big Island , RS . zoning distr[ct, ·newspapers, October 2, 2004) Affidavit of Publication State of Minnesota, County of Carver. Keith P. Anderson , being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound , Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require­ ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 33IA.07, and other applicable laws, as amended. B.) The printed City of Orono Hearing notice -14 land use applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday, the ~ day of October 20 04 and was thereafter printed and published every Saturday, to and including Saturday, 30 October 04 the __ day of ________ .20 __ _ ~izedAgent f~~~~~-.•-• ... • --~-~;AR i°rnA A. SfF; .. ., . ,. :-•·;•-fl y PUBLIC -MIi•,:, , . ..;ARVER CO Uf·. ~c -··0-r~~M"#~,..,,E-x,;_1~P.E-•;~~-}:,_.,~·~ ... Subscribed and sworn to me on this 2 day of November 20-"o--'-4 __ _ U-~-U Notary Public Rate Information (1) Lowest classified rate paid by commercial users for com­ parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40. ~ I LEGAL NOTICE . I CITY OF ORONO . · '.~750 Kelley Parkway, P.O. Bolf 66 ft· Crystal Bay, MN 55323 ~one (952) 249-4600 F_ax (952) 249· . t~· ·. . 4616 . .'.,.; NOTICE ]"' Ttie Planning Commission will hold 6iablic hearings in the Orono Council €hambers at 2780 Kelley Parkway on tbnday, November 15, 2004, beginning jt'I6 :00 p.m . on the matter of reviewing the w lowing land use applications : i' ' . .t ! 1. . · #04-3022 Philip and Karen ll:oog, 280 Tonks! Avenue , LR -1 A zon- 1. ·g district, request a · rear yard setback · riance to allow a rear yard setback of 47 et when 50 feet Is normally required and _:;~'ardcover variance for the ·500',1000'. I ke· setback zone to permit a hardcover I ve,I of 37% when only 35% is normally ~U_ciwed and 37% currently exists, all in Id. ~r to construct an addition -to the exist- g.·home. . }; 2 .. • #04-3052 · Erl~ Vogstrom, \8 Casco Point Road, LR -. 1 C zoning <!is.lj'ict, requests a side street setback 'IP,r1J1,nce to · permit construction of a new ~riliclpal res ide nce to be located 1 O' from platted right-of-way when 15' is normally required and a hardcover variance within the 7!i'-250' zone to permit 58%. harcfcov­ er when 25% Is norm.ally allowed. 3. #04-3055 Dr. Martha Spencer, 1005 Willow Drive S, RR -1 B zoning district, requests a hardcover vari­ ance for the 0-75' lake. setback zone· in order to construct patios, walkways, and a gazebo within 75' of the OHWL of French Lake. 4. #04-3056 Denn is V. and Evelyn N. Bruce, 3435 Livingston Avenue , LR -1 C zoning district, request a vari­ ance to· permit an accessory building to be located nearer the street or front lot line than the principal structure and a . hardcover variance for the 500'-1000' lake setback zone , 5 , #04-3057 Don Henderso n, 560 Big Island, RS zoning district, reque sts a lot area variance to permit con­ struction of a seasonal cabin on a lot 3.33 acres in size when -5 acres is normally required . 6, #04-3060 Michael • . and Donna Ebertz , 1220 Tonkawa Road, LR - 1B zoning district, request an after-the- . fact conditional use permit and hardcover-· variance for the 0-75' zone to permit land alterations and boulder walls within 75' of the OHWL of Lake Minnetonka. ·1. • #04-3062 John Terrance Homes LLC, 26XX Kelley Parkway (Outlot E, Stonebay), PUD zoning , requests a final plat and PUD site plan amendment for construction of a 62-unit condominium building . 8. #04-3063 WJM Properties, LLC , 2605 West Wayzata Boulevard, Industrial zoning district, requests a con -· ditional use J)ermit amendment in order to insiall additional lighting in the parking lot. 9 . #04-3064 Douglas and Deborah lngvalson, 3460 Birch Lane , LR -1 C zoning district, request a hardcover variance for the 75'-250' lake setback zone to permit 53.19% when 25% is nor­ mally allowed and 53.05% currently exists in order to construct a covered entry. 10. #04-3065 D. Mark and Bon·nie Hector, 3265 Carman Road, LR - 1 C zoning district, request a hardcover variance for the 0-75 ' and 75 '-250 ' lake setback zones and a lot coverage by structures variance in order to rebuild tim ­ ber walls and a lake yard deck. 11 . #04-3066 William and Anita Rouse , 4051 Highwood Road , LR -1 B zoning district, request a side yard set­ back variance to permit a side yard set­ back of 4' when 35' is normally required and 4' currently exists, a hardpover vari: . ance for the 0-75 ' and 75 '-250' lake set- back zones and a lake setback variance all in order to re-orient the roof and add a second story within the non-conforming side yard setback and reconstruct a deck in the lake yard. 12. #04-3067 Lecy Construction on behalf of Dennis and Amanda Walsli, 1354 Rest Point Lane, LR -1B zoning district , requests hardcover variances for the 0-75'iake setback zone to permit 6.83% hardcover when 0% is normally · allowed and 6.83% currently exists and for the 75 '-250' zone to permit 34.78% when 25% is normally allowed and 44.91% cur­ rently" exists in order _to rebuild an addition to the existing home . ·13.. #04-3068 Ian Petersen, 2690 Fox Street, RR -1"B zoning district , requests a lot area variance in order to build a new residence on an existing lot 1.255 acres in size when 2.0 acres in nor­ mally required . 14. #04-3069 _ G & L Land lnvestmenst, LLC , 2665 Mapleridge Lane, LR --: 1 B zoning district, requests an aver­ age lakeshore setback variance to permir . an in-grounc;t pool to encroach on the required average lakeshore setback. All persons wishing to be heard are · encouraged to attend this meeting, This is not a final agenda and is subject to change prior to the hearing . Written com­ ments are accepted and s,hciuld be sub­ mitted to the City of Orono by November 10, 2004. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for fur­ ther information . For an appointment, please call (952) 249-4600 . City of Orono By:· Planriing Commission Michael P. Gaffron , Planning Director Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (Published in The Laker and The Pioneer newspapers, October 30, 2004). Affidavit of Pub11l,;ation State of Minn esot a, Cou nty of Carver . Keith P. Anderson , being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspap er known as THE PIO­ NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require­ ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 33IA.07, and other applicable laws, as amended. B.) The printed City of Orono - Reviewing land use appplications (14) which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday , the ~ day of October 20 04 and was thereafter printed and published every Saturday, to and including Saturday, 30 October 04 the __ day of ________ 20 __ _ ~~ized Agent r ~"'"""'r•~---. .._~ ..... , . 4>~ .. -. -,, .~srnAu·s 1 :,·1ESOT~ t NTY ~ ·-_, 1·3 1-2005 i " .... .,. ,~ Subscribed and sworn to me on this 2 day of November , 20-"0-'-4 __ _ ----IW---0 1 By: ~!fl C1 JuiJ).c,__, _ -~-?U? Notary Public Rate Information (1) Lowest classified rate paid by commercial users for com­ parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40 . . LEGAL NOTICE CITY OF ORONO 2750 Kelley Parkway, _P.O. Box 66 Crystal Bay, MN 55323 . Phone (952) 249-4600 Fax (952) 249- . 4616 . NOTICE The Planning Commls_sion will" hold public hearirigs in the Orono Council Chambers at 2780 Kelley Parkway on Monday, Nove mber 15; 2004, beginning · at 6:00 p.m. on the matter-of revi ewing the following land use applications: 1 . #04-3022 Philip and Karen Skoog , 280 Tonka Avenue, LR -1A zon­ ing district, request a rear yard setback variance to allow a rear yard setback of 47 feet when 50 feet is normally required and a _hardcover variance for the 500'-1000' lake · setback zone to permit a hardcover level of 37% when only 35% is normally allowed and 37% currently exists, all in orde r to construct an addition to the exist­ ing ho me . · 2. #04-3052 Eric Vogstrom, 2618 Casco Point Road , LR -1C zoning district, requests a side street setback variance to permit construction of a new. principal residence \o be located 1 O' (rom platted right-of-way when 15' is normally . required and a hardcover variance within the 75'-25.0' zone to permit 5B % hardcov- er when 25% is normally allowed. · 3. #04-3055 Dr. Martha Spencer, 1005 Will ow Drive S, RR -1 B zoning district, requests a hardcover vari­ ahce for the 0-75' lake setback zone in order to construct patios, walkways, and a gazebo within 7!5' of the OHWL of French Lake . 4. #04-3056 Dennis V. and · Evelyn N. Bruce, 3435 Livingston Avenue , LR -1 C zoning district, request a vari­ ance to permit an accessory building to be located · nearer the street or front lot line than the principal structure and a hard­ cover variance for the 500' -1000' lake set­ back zone. 5. #04-3057 Don . Henderson, 560 Big Island, RS zoning district, requests a lot area variance to permit con­ struction of a seasonal cabin on a lot.3.33 acres in size when 5 acres is normally required . 6. #04-3060 Michael and : Donna Ebertz, 1220 Tonkawa Road, LR - 1B zoning district,· request an atter-the­ fact cond itio nal use permit and hardcover variance for the 0-75' zone to permit land alterations and boulder walls within 75' of the OHWL .of Lake Minnetonka. 7. #04.-3062 John ·Terrance Homes LLC, 26XX Kelley Parkway (Outlot E, Stc;mebay), PUD zoning , requests a _final plat and PUD site plan ame"ndment for construction of a 62-unit condominium building. · · 1·2. #04-3067 Lecy Construction .· on behalf of Dennis and Amanda W!:ilsh , 1354 Rest Point Lane,. LR -1B zoning · district, requests hardcover variances for the 0-75 'Iake setback zone to' permit 6.83% hardcover when 0% is normally allowed and 6.83% currently exists and for the' 75'-250' zone to permit 34.78% when 25% is normally allowed and 44 .91 % cur­ rently exists in order to rebuild an addition to the existing hornet 13. #04-306B Ian Petersen , 2690 Fox Street, RR -1 B. zoning district, requests a lot area variance in order · to build a new residence on an existing lot · 1.255 acres in size when 2.0 acres in nor­ mally required . 14. #04-3069 G & L Land 8. #04-3063 WJM Properties , lnvestme nst, LLC , ?665 Mapleridge Lane, LLC , 2605 West Wayzata Boulevard, LR -1 B zoning district, requests an aver-. Industrial zoning district, requests a con-• . age \akeshore setback variance to permit ditional use permit amendment in order to an in-ground pool to encroach _on the install additional lighting in the parking lot. required average lakeshore setback . 9. #04-3064 Douglas and Deborah lngvalson , 3460 Birch lane, LR -1 C zoning district, request a hardcover variance for the 75'-250' lake setback zone to permit 53 .19% when 25% is nor­ mally allowed and 53.05% currently exists in_ order-to construct a covered entry . 10. #04-3065 D. Mark and Bonn ie Hector, 3265 Carman Road, LR - 1 C zoning "district, request a hardcover variance for the 0-75' and 75'-250' lake setback zones and a lot coverage by structures variance In orde-r to rebuild tim­ ber walls and a lake yard deck . 11 . #04-3066 William and Anita , Rouse , 4051 Highwood Road, LR -1B zoning district, request a side yard set­ back variance to permit a side ya-rd set­ back of 4' when 35' is · normally required and 4' currently exists, a hardcover vari­ ance for the 0-75' and 75'-250' lake set-: back zones and a lake setback variance all in order to re-orient the roof and add a ·. second story .within the non-conforming side yard setback and reconstruct a deck · . in the lake yard. All persons wishihg to be heard are encouraged to attend this meeting . This is not a final agenda and is subject to change _prior to the hearing. Written com­ ments are accepted .and should be sub­ mitted to the City of Orono by November 16, 2004. Plans are availal:ile for review in the City Offices and all interested persons are encouraged to contact the City for fur­ the r information. For an appointment, please ca,1I (952) 249-4600. City of Orono By: Planning Comm ission Michael P. Gaffron, Plann ing'"Director Posted at: Orono. City Offices Crystal Bay Post Office Long Lake Post Office Navarr.e Post Office • (Published in The Laker and The Pioneer" newspapers , October 30, 2004). Affidavit of Publication State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER Mound, Minnesota, and has full knowledge of th~ facts which are stated below: A.)The newspaper has complied with all the require­ ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as amended. 8.) The printed lo 0 & r ,..c~{.l CQ.. C0-,J. which is attached was cut from the columns of said newspaper, and was _printed and published once each week for _ / successive weeks: It was first published Saturday, the_.1_dayof ·*Pt 20 ()Y , and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ --'20 __ _ ~ Authorized Agent Subscribed and sworn to me on this 0"-\ day of Sr-c-n -\--· , 20 0 l\ i By:\\,:\c~ a _./JZ;::;~ Notary Public Rate Information (1) Lowest classified rate paid by commercial users for com­ parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter : $15 .50. (3) Rate actually ~~arged for above matter: $7.80 per inch . Each add1t1onal successive week: $5.40 . LEGAL NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249· 4616 NOTICE -The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, September 20, 2004, begin­ ning at 6:00 p.m . on the matter of review­ ing the following land use applications: 1.#04-3042 Pillar Homes on behalf of Roger & Carol Rovick, 1625 Sohns Point Rd, LR -18 zoning district, requests an after-the-faci conditional use permit for grading and fill in excess of 500 cubic yards in conjunction with the construction of a new residence . 2 .. #04-3045 . Robert and Mary Jo Emfield , 3165 North Shore Drive, LR- 18 zoning district, request a conditional use permit for fill in excess of 500 cubic yards and an average lakeshore setback variance to allow the proposed pool to encroach approximately 30' into the required setback, all in conjunction with construction of a new residence. 3.#04-3047 Bruce Meese & Maureen Murphy, 3135 Casco Circle , LR -1 C zon­ ing district , request renewal variances for lot area, lot width, and hardcover in the 0- 75' zone and 75'-250' zone to permit con­ struction of a new residence. 4.#04-3048 Steven & Kathleen Persian, 1005 Hunt Farm Road, RR -1 A zoning district, request variances to permit a 2 ,160 s.f. accessory building to be located in front of the principal resi­ dence , to permit the bullding _to be located within ·the required 30' side Y"'d setback and also )o permit the building to be larger th.an the 1,200 s.f. allowed by City Code .' 5.#04-3049 Woodhill Country Club, 200 Woodhill Road , RR -1 B zoning dis­ trict, requests a conditional use permit to allow a trailer to be located near the barn, to be used as a temporary club office and employee break area during major remod- eling of the main clubhouse for approx·i­ mately 9 months. 6.#04-3050 Mike and Jeanie McClelland , 2170 Minnetonka Avenue, RR -1 B zoning district, request lot area and lot width variances to permit construction of a new principal residence on a lot 0.55 acres in area and 175' in width in a zone which requires 2 acres and 200 ' of width. 7.#04-3051 Kevin & Julie Fitzpatri ck, 356 Westlake Street, LR -1 A zoning district, request lot area, lot width and side yard setback variances to permit construction of a new residence on a lot 0.686 acres in size when 2 .0 acres is nor­ mally required, 50' of width at the lake and at the 75' setback when 200' of width is normally required and side yard setbacks of 1 O' when 30' setbacks are no rmall y required. 8 .#04-3052 E r ic Vogstrom , 2618 Casco Poi nt Road , LR -1 C zoning district,· requests a side street setback vari ance to permit construction of a new principal res­ idence to be located 1 O' from platted right­ of-way when 15' is normally required and a hardcover variance within the 75 '-250 ' zone to permit 58% hardcover when 25% is normally allowe d. All persons wishing to. be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by September 13, 2004 . Plans are avail­ able for review in the City Offices. For an appointment , please call (952) 249-4600. City of Orono By: Planning Commissio n Michael P. Gaffron, Pl anning Director . . .. Posted at: ·ororio City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office ·::; ;· (Published The Laker and The Pioneer newspapers September 5 , 2004) STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #04-3052, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 10th day of September, 2004. /1 ~/" '1 ,, I . / 1 ' f 'f c;rt,ek~ Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Ch ambers at 2780 Kelley Parkway on Monday, September 20, 2004, beginning at 6 :00 p .m . on the matter of reviewing the follO\ving land use applications: 1. #04-3042 Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohns Point Rd , LR-lB zoning district , requests an after-the-fact conditional use permit for grading and fill in excess of 500 cubic yards in conjunction with the construction of a new residence. "J #04-3045 Robert and Mary Jo Emfield, 3165 North Shore Drive, LR -lB zoning district, request a conditional use permit for fill in excess of 500 cubic yards and an average lakeshore setback variance to allow the proposed pool to encroach approximately 30 ' into the required setback, all in conjunction with construction of a new residence. 3 . #04-3047 Bruce Meese & Maureen Murphy, 3135 Casco Circle, LR -lC zoning district, request renewal variances for lot area, lot width, and hardcover in the 0-75' zone and 7 5' -250' zone to permit construction of a new residence . 4 . #04-3048 Steven & Kathleen Persian, 1005 Hunt Farm Road, RR -lA zoning district, request variances to permit a 2, 160 s.f. accessory building to be located in front of the principal residence, to permit the building to be located within the required 30' side yard setback and also to permit the building to be larger than the 1,200 s.f. allowed by City Code . 5. #04-3049 Woodhill Country Club, 200 Wooclhill Road, RR -lB zoning distr ict, requests a conditional use permit to allow a trailer to be located near the barn, to be used as a temporary club office and employee break area during majo~· remodeling of the main clubhouse for approximately 9 months. 6 . #04-3050 Mike and Jeanie McClelland, 2170 lVIinnetonka Avenue, RR-lB zoning district, request lot area and lot width variances to permit construction of a new principal residence on a lot O. 5 5 acres in area and 17 5' in width in a zone which requires 2 acres and 200' of width. 7. #04-3051 Kevin & Julie Fitzpatrick, 356 Westlake Street, LR-lA zoning district, request lot area, lot width and side yard setback variances to permit construction of a new residence on a lot 0.686 acres in size when 2.0 acres is normally required , 50' of width at the lake and at the 75' setback when 200' of width is normally required and side yard setbacks of 1 O' when 30' setbacks are normally required. 8. #04-3052 Eric Vogstrom, 2618 Casco Point Road, LR-lC zoning district, requests a side street setback variance to permit construction of a new principal residence to be located 10' from platted right-of-way when 15' is normally required and a hardcover variance within the 75'-250' zone to permit 58% hardcover when 25% is normally allowed. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by September 13, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono Michael P. Gaff;}" 1, Rl~1ming Director l To be published the week of September 5, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 8/16/2004 38 2011723240029 PROP ADDR 2649 CASCO POINT RD OWNER NAME JULIANNE M SCHERVEN TAXPAYER JULIANNE M SCHER VEN NAME/ADDR 2649 CASCO POINT RD WAYZATAMN 55391 38 2011723240032 PROP ADDR 2623 CASCO POINT RD OWNER NAME T P KUBALAK & PM KUBALAK TAXPAYER THOMAS ?/PATRICIA M KUBALAK NAMFIA.DDR 2623 CASCO POINT RD WAYZATAMN 55391 38 2011723240038 PROP ADDR 2618 CASCO POINT RD OWNER NAME JOYCE A TWEDT TAXPAYER JOYCE A TWEDT NAME/ADDR 2618 CASCO POINT RD WAYZATAMN 55391 38 2011723240043 PROP ADDR 2600 CASCO POINT RD OWNER NAME PAUL J & MARY E KASTER TAXPAYER PAULJ & MARYE KASTER NAME/ADDR 2600 CASCO POINT RD WAYZATAMN 55391 #<) ~~, ~ \'--~-/,.1 ··~l;~:tP/~~~.• HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: 1 PROPERTY OWNERS LIST 38 2011723240030 38 2011723240031 PROP ADDR 2645 CASCO POINT RD OWNER NAME NJ GREENE & AK GREENE TAXPAYER NORMA GREENE & ALAN GREENE NAME/ADDR 2645 CASCO POINT ROAD WAYZATAMN 55391 38 2011723240035 PROP ADDR 2617 CASCO POINT RD OWNER NAME G L MARQUARDT/J M MARQUARDT TAXPAYER GARY L&JOAN M MARQUARDT NAME/ADDR 2617 CASCO POINT RD WAYZATAMN 55391 38 2011723240039 PROP ADDR 2648 CASCO POINT RD OWNER NAME J W & B J ESSEN TAXPAYER JEFFREY & BARBARA ESSEN NAME/ADDR 2648 CASCO PT RD WAYZATA MN 55391 PROP ADDR 2635 CASCO POINT RD OWNER NAME MARILYN B THORNE TAXPAYER MARILYN B THORNE NAME/ADDR 2635 CASCO POINT RD WAYZATAMN 55391 38 2011723240036 PROP ADDR 2601 CASCO POINT RD OWNER NAME BRUCE J HEDBLOM ET AL TAXPAYER NAME/ADDR BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATA MN 55391 38 2011723240042 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME PAUL J & MARY E KASTER TAXPAYER PAULJKASTER NAME/ADDR 2600 CASCO POINT RD WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SER VIC. ES DEPARTMC:::i:;..:I:'O THE BEST . OF MY KNOWLEDGE AND BELIEF. c.,-_/ / f DATE O I o-0 BY ~ ~~!i ,·, Wj ff' ~~; rl" ,., • .,.-'<!~ T ;.:- 'i 1i, CITY of ORONO August 24, 2004 Eric Vogstrom 20840 Chaimel Drive Greenwood, MN 55331 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #04-3052 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances for property located at 2618 Casco Point Road. Below is a list of items the City of Orono is requesting to complete our review: ✓ Wetland delineation by a certified wetland delineator. Once the delineation is completed in the field, your surveyor must plot the boundaries of the wetland on the certificate of survey. Application #04-3052 is incomplete. If you wish to proceed with your application please submit the items requested above by Wednesday, September 8, 2004 by noon in order to remain on the September 20, 2004 Planning Commission agenda. Please call me at 952.249.4627 should you have any questions. Sincerely, Melanie Curtis City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.u.s I I I City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # Ot/-~062. Date Received: t7i If tlt.f / Amount Pahd: UtJO-t/lJ ✓ Staff : ,~4attl1 tu Fee: S600 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: ---------Renew a I: $300 --,--------After-the-fact: $1,200 Double Fee P.O. Box 66 Crystal Bay, MN 55322-D066 This application form must be completed in full. Ap1=·:cant 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: SiteAddress: d/oi9 c-Asco eouwr fluAD Property Identification Number (PIN): ,.;;..c --/ l 7 -c)--3 -;:14 -oosB (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): 8~3i--OiJ □ Yes, I own the adjacent parcels. Present use of property: ·¢.,Residential □ 01her __________________ _ Zoning District: APPLICANT INFORMATION: (Complete legal na:--:-:es and marital status required for each interested party) Name: E\e:<L iJOgSJJetliN\. Phone (home): qs;i.-'-r7'-1~ e,:1'-t 8 Phone (work): (pf,).--,;;:t<;;o -c1sro Address: ;:tOf?/·-1 o c+-ttv,.::.t-Je:t.... 1::::,,ltvE 6.rlt::.:{:::D l->ooD r,, tJ ss::s :5..J Email: l::]t1L e:-i,/obuE Hcm-1£s ;ppc. c~o }"'"l Fax: C,S.;;)..-~17;..1 'a''tS-S OWNER INFORMATION: (Complete legal names a'.'.d marital status required for each interested party) Name: Phone (home): ------------Phone (work): Address: Email: Fax: -------------------- .DESCRIPTION OF REQUEST: Estimated Project Cost: $ .Describe the request in detail (attach additional sheets if necessary): ---- ./ THE µo~n-tt::::r_~i F'trt-(.t;:1'.... i $ ft,,_) 4/J I YPI Pivs.L:V j2 om.::> IW D w, {...,(.... /v e].,?Cjfl .. D(? p rs t1Jtvt:: m-r f.JDflf1--ibt..-/J S.tDe s:.cr Bhet:.. 13.c ID Foor t/Jsrqtp oF i'S FccT., 111/IJJC-A-iO 1::::-uor-<;;;,t:;;;T Bt\G/L-1-S Plf1(L if3f;;:_Cj-:;u5.t:.~: Tr/£ lt1.J/},-1fti!"/ilC-lJ 11'.Cl:hf;:> X r REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-591 O □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is 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 o potential merit. Applicant's Signature: Applicant's Signature: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verifi ion of this r~-'ll:lest. Owner's Signature: Owner's Signature: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. 7H£ L-Jtvo 1~BoVl£ q;;;1, (,, IS ;;}bi Shi Su>Pr fh.Y $7l,UGq7,qte. Fir<; FINI:£ cc!;)O/S6/ X 1s°!v -= s 0 B<-t) m <( -s f1ut q-u JUL l 'S O /JL '-I 3co-;;._ w i tH '"' I::> 1:::..-Ut::. WCf11 f1-1c-(,,tJ.)/O)L{f£_ LO r -:p. H/WG:. OUbf-. 00 o/z, Cr /T _/S //J 71-ttE: 0-7S '1o jU,(LC. t1-{CJC,,{:j,-pt>fl,e. A)0 1 CO'-t'tv7f:::D --I /:fr" /¼UL ., ..C /-f4<A£ Si::iJ-~ fflMJ'-1 or,-tet-. -L-O,s w 1TH s,;,,1141,.J-< $/fl.,{ 1rrtoivS THlrT HA,,v/£ q!)'{Tc:;tJ 14-Hlt1f-O C uEJt, _VJttt,tMvl--€,, .12 WOUl-0 L-Jtce 7D 6/CT /+ /-fltppC,ov/!=Yl-V~Jt1..>U:£ F,oyt,. S-e % H /-htOl.D uaz_ _ WH l U--1 / E Y () <4 17Hie //M '-/ €3).:rn /{€_ u:J T I ,071:> l\(,,.C-oupr l(Ovf ut-AJ S:~ IS JJOT C,f /v JU-JfSDIV I.HB, LG= Ar JH.L, -1 Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1 "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." f1:>fC-the:: size-o;:;-JrlE Le J J; C,A-i,j i0O( /(,t::1J$M.J/:Jl3'£. 1 "The plight of the landowner is due to circumstances unique to his property not created by the landowner." "The variance, if granted, will not alter the essential character of the locality." ;JO ~ fJOT ('YT Af-i-~ [H1S u1:r,ii1tt,;,,uz: Wtl,L--ht:.l-P ;:ny "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." ,'J! ~ /u¥:[ S/::E/C-;/4/(::, /-}-{)/h1,tR-l:)t,£ /:=',,,l /::.l.lS;.;1,111(._ (Z£;1ffiN5 )< 8. 9. 10. /·~ : 11. \ Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." •J11t:: Zoo i /Jl, IS 1.tl"(j!!<, f!l4 Jr~ "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." THCll£.. IS It: t:ou;J:. fH Ar s~1rs .r11 y ur /YTD ~rwD,. "The conditions do not apply generally to other land or structures in the district in which said land is located." 7HE /J-B,Dve::-14-fv'Sva( t5 U/->it<<1/C /rN..:> ,OJiC::S, /v::T "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." !He:;, VWf-f!fPt.e::. t>tJ ni'( ftp,-µoe.:.,vc?l. tS /J(;::;:J::.eS.-s-"l~"f' TO ~ 0/<-'l '( '7"' 7 $ .S:Q PF /5,: 8c!N6 t'o,1J:i1Dq.t.i.:7:> H,l. C,g LGUUfrl/JC:j flfr14-X OU,!;:.Jt. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." :pr iS 1vor 1t-CD/.} (,,rt!::J,.;, 1cpe-e:.. -~ uur wau1-o 2k Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: P.O. Box 66 For Office Use Only: .. · . v City Planner: (Vl tl tl r I 1£ Cll '::i 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 Meeting Date/Time: A7A a 17 , ! I lfivi PC Date: ~k>n,.,, bt:>v ' Main: 952-249-4600 Fax: 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: ~(p ( o GA-SLZ Po, q rz orro Property Identification Number (PIN): Zoning District: l,/,L I {_ Size of Property: __________ _ DESCRIPTION OF REQUEST:SfY.e-lA- □ Average Setback E Side Yara Setback □ Rear Yard Setback □ Front Yard Setback ~ Hardcover 10-Z-SD □ Lot Coverage □ Lot Area □ Lot Width □ Other: Stieff a_d L:i~_d Off l(ta,l:t r fV V'Ml/l ~~ s1:n1atA vt; C{Jl v{ h {ULtl { t/Ll'-eJ-tzJ &;'to a Yl. c{ (o n 1 < { r· IS 1 <:, f',·-c>ef S,C f ::;; t:'f {. K-- Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: _____ understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance applicati meeting during which this form w· I-be w·11 NOT be accepted without a pre-application mp eted by City staff. Date: S>-t1~ ~- ..cl-~-.....:..J"-,.UY~ 1--.~1-t..i"~.1..J..V.!.1: l'"l"-,t-.J...'-1...,,__~...t.. ~l!.l:3AC<: ZON..:.; (CIRC".i..E OI EX1~G E~RDCOV"ER N zo~-s . ..\. Hcuse B. C C-ar-..ge .,... . 1,;nv~rray D. Siciewaik E. Pa:tioi:Oeclc F. Landscape Underlain By Plastic G. Other ..::¢ ~ ~ -.n. X ... .... -.... ... ,.., ;c X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 75-250~ .,.,,,,...._ ,.,.,_. ZSU-!~r = = = = = = = = = = = = = = ~iJ0-::.000' ------------~-=-- ----------;::_-_ ----------~: ---' -----------~- ----------s-=---=. ----------S..F. S.:. ~-= ---------......_. S.F. _____ s.F. _____ s.F. _____ s.F. _____ s.F. _____ S.F. _____ S.F. 1 ·2.. aa-f?--s.F. A o ... s 1:2./oOO PROPOSED HARDCOVER IN ZONE A. House IY1cl ude; x 100 = } S.F. B ~ . 0 % prcpex'"\'j E.. ;;~ Co-"<'\"nCAn Bo-.j B.Garage C. Driveway D. Sidewalk E. Patio!Dei± ~-L ~,ie=-~~ Underlain By Plastic G. Otfte:- A L=igm X X X X X X X X X X X X X X .... ... -'! TOTAL E..¼.RDCQVS. IN ZONE TOT.Al. PRO.l:'.e..':tTI AREA IN ZON.c + B = = = = = = = = = = = = = = = X 100 = 11 S.F. S.F. s.F,, .s.F: ~ /~ .- ~ :S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. s..F .. s.F. '~·L:1 _s.F. 0 !5..F A } ~ I ~<R<c\ S.F: B ---~-.Q % .i:-'~4.PJ)COvER C..-\LCT'"LATION ~-iOR..."!{SfilJIT ~T3AG< ZON..:.; (CIRCLE Gl'f}._. 0-75"' G) ~7J-~~G' :iJC-1000' ~G F:,~:tDCOV'ER N ZO:'-t-.;: ( }~4 A. ncuse X = s_-=_ ; -g--': w:c:!1 X = s ..... = .. V = :;;..: ... .... ~ = "= .... ---. B. C-ar"-§e -= '!: ,.. ""' ....... C. Drivew-ay V = ,= .... ----- X = S..F. D. Sidewai."< X = ?:J97 S.?. X = S.F. E. PatioiDeck X = -C\tG g;::-...... X = S.F. Coe\=:: tof X = t5 S.F. X = S.F. X = S.F. G. Other pi ◊'-.V'\ +e_ { . X = ,~ S.F. TOTAL HA..RDCOVER IN ZONE -'L.02.8 S.F. A TOT AL PROPERTY A.REA IN ZONE -"]f;73 S.F. B A 'c.0 'Z..'h + B 7673 X 100 = 26,4 % PROPOSED HARDCOVER 1N ZO,fil; A. House X = 3002.. S.F. I.cngth Width ~ = J S.F. X X = S.F .. X = ·s.F~ f • ... t--' B. Garage X = ... ·S.F. C. Driveway X = l ?..25 S.F. X :: S.F. D. Sidewalk X = 2\S S.F. X = S.F. E. Patio/Deck X = S.F. ~ X = S.F. 1:"' T .,,...,;c:~ X = S.F. .. ---:--J _,.. Underlain X = ,:,.,:. By Plastic X = S.F. ---~-~- G. Othe:--... = S.F. TOTA!.. EA ... ~COv"a rN ZONe -4442. ! S..F .. A TOTAL PROPERTY AR.EA IN ZON-:C -1'-73 ~ -= B -··. A .;-B X 100 = 57,'3 % ... 11 TORRENS CASE 16624 Hennepin County Taxpayer Services Department .f \f/ooos .<e~.9< ()2) KASTEf3 coVE 2 ,~ 1 (43) 26224 N89.35W 216.42 CASCO POINT RD -~ 9:/ ~ 40 40 40 40 40 11:-2 9524 -11--io-'ir.9-117.7 ~ 0 13 ~ ~ 2 :, , DOC NO 2931404 (2) 4 20-117-23-24- (3) 251 .5 ' " I , (1) 5 " ' ' ' ' ' ' ' 1 (34) 'G>~)-_<&:, -..,~ 'il>. ~~ "V\l'.i N HIP'S SUB LO 1, SPRING 2 D DIVISION " "WESSE r--:t:.,-;1!'1 ParG,el Information :1'.Y Parcel ID 2011723240038 House Number 2618 ·l ,\~ WJ!f,r ;; Q. ______ ,-/:-, \ ,,, •. / ; ~· Street Name CASCO POINT RD This is not a legally recorded map . It represents a compilation of information and data from City, County, and State road authorities and other sources. RUN DA TE: 8/16/2004 38 2011723240029 PROP ADDR 2649 CASCO POINT RD OWNER NAME JULIANNE M SCHERVEN TAXPAYER JULIANNE M SCHERVEN NAME/ADDR 2649 CASCO POINT RD WAYZATAMN 55391 38 2011723240032 PROP ADDR 2623 CASCO POINT RD OWNER NAME T P KUBALAK & PM KUBALAK TAXPAYER THOMAS PIP A TRICIA M KUBALAK NA' \DOR 2623 CASCO POINT RD WAYZATAMN 55391 38 2011723240038 PROP ADDR 2618 CASCO POINT RD OWNER NAME JOYCE A TWEDT TAXPAYER JOYCE A TWEDT NAME/ADDR 2618 CASCO POINT RD WAYZATAMN 55391 38 2011723240043 PROP ADDR 2600 CASCO POINT RD OWNER NAME PAUL J & MARY E KASTER TAXPAYER PAULJ & MARYE KASTER NAME/ADDR 2600 CASCO POINT RD WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: I PROPERTY OWNERS LIST 38 2011723240030 38 2011723240031 PROP ADDR 2645 CASCO POINT RD OWNER NAME N J GREENE & A K GREENE TAXPAYER NORMA GREENE & ALAN GREENE NAME/ADDR 2645 CASCO POINT ROAD WAYZATA MN 55391 38 2011723240035 PROP ADDR 2617 CASCO POINT RD OWNER NAME G L MARQUARDT/J M MARQUARDT TAXPAYER GARYL&JOAN M MARQUARDT NAME/ADDR 2617 CASCO POINT RD WAYZATAMN 55391 38 2011723240039 PROP ADDR 2648 CASCO POINT RD OWNER NAME J W & B J ESSEN TAXPAYER JEFFREY & BARBARA ESSEN NAME/ADDR 2648 CASCO PT RD WAYZATAMN 55391 PROP ADDR 2635 CASCO POINT RD OWNER NAME MARILYN B THORNE TAXPAYER MARILYN B THORNE NAME/ADDR 2635 CASCO POINT RD WAYZATAMN 55391 38 2011723240036 PROP ADDR 2601 CASCO POINT RD OWNER NAME BRUCE J HEDBLOM ET AL TAXPAYER BRUCE J HEDBLOM AND NAME/ ADDR CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATAMN 55391 38 2011723240042 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME PAUL J & MARY E KASTER TAXPAYER PAULJKASTER NAME/ADDR 2600 CASCO POINT RD WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTM~O THE I},EST OF MY KNOWLEDGE AND BELIEF. c:.,.-_ / < -,,,-; V DATE O 1 ~ BY \ DAT A PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. V First Middle d),D0Lj b C/---1/Jr-pµc::;:L l2>(LIIJG:. Address 6 (l~?:::;N l~6l> D City I understand my ~st Signature J/Vl'AJ State Last SS: -~8. / {£)/;)..-;}_SD ~ery Zip Phone CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323·0066 December 8, 2004 Eric V ogstrom 20840 Channel Drive Greenwood, MN 55331 RE: Restoration Plan for 2618 Casco Point Road This letter is regarding the replanting and restoration plan by Markell Laberee Design Group dated November 8, 2004. Planning Staff has conducted a preliminary review of the plan. Given that the removals have significantly altered the appearance of your property from the lake, as well as from the roadway and neighboring properties, staff advises that the following revisions are necessary in order to gain staff support and Council approval for the plan: 1. A buckthom removal and vegetation restoration plan should be submitted in conjunction with this restoration plan. Buckthom should be replaced with appropriate native shrubs per the attached suggested list. 2. The replacement trees have been proposed along the property lines. A revision should be submitted locating some of the replacement trees more centrally on the property between the house and the lake and on the point. 3. Implement a wetland buffer 20' wide landward on the western portion of the cove. The buffer should meet the definition of acceptable buffer as defined by the attached draft wetland ordinance. 4. The survey and/or restoration plan should be revised to show the following: a. Traveled right-of-way of Casco Point Road; b. Additional stumps (City staff identified stumps in the field which were not indicated on the survey or restoration plan); and c. Identify areas of buckthom and additional dead, damaged, and diseased trees slated for future removal and restoration. Please submit a revised restoration plan meeting the above stipulations. Please submit the plan to my office for final review by 4:00 pm on Wednesday, December 22. As a reminder, the Council has indicated that an approved restoration plan is an integral part of the redevelopment of this property. Please contact me at 952.249.4627 if you have any questions. Sincerely, City of Orono t { {tl.t.lct-u~CJ!ttid Melanie Curtis City Planner enc Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Establishment of an acceptable buff er strip A buffer strip establishment or landscape plan must be submitted to the Planning Director for approval, the plan shall include planting and maintenance according to each of the following guidelines: 1. Buffer areas shall be planted with a seed mix containing one hundred (100%) percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. 2. The seed mix to be used shall consist of at least twelve (12) pounds pure live seed (PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. 3. The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. 4. Native shrubs and or trees may be substituted or used in addition to forbs and grasses. Such shrubs may be bare root seedling and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 5. Native prairie grasses and forbs shall be planted by a qualified contractor. 6. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. 7. All seeded areas shall be mulched immediately with clean straw at a rate of one and one half (1 ½ ) tons per acre. Mulch shall be anchored with a disk or tackifier. 8. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. Landscaping Without Buckthorn Native shrubs add more color and beauty throughout the seasons John J. Moriarty, Minnesota Conservation Volunteer July/August 1998 Red Cedar An evergreen with dense foliage and sharp needles, red cedar has several different growth forms, from columnar to low and spreading. This tree can exceed 30 feet, but is normally less than 20. It does best in dry sites. Northern white cedar Also known as arborvitae, this evergreen has dense foliage. Many horticultural varieties of arborvitae are available, including columnar forms. The size depends on the variety. This tree grows well in wet or dry habitats. Speckled alder This multistemmed, upright species grows well in wet or dry areas, occasionally reaching a height of more than 20 feet. It is one of the few deciduous trees that has cones. Its cones and catkins add visual interest. Unfortunately, nurseries do not commonly stock this tree. Dogwood Most of the many species are multistemmed and good berry producers for wildlife. Red osier dogwood has bright red stems, which add color to the landscape in summer and winter. Serviceberry. Also called Juneberry and amelanchier, this tree will grow larger than buckthom and comes in single or multistemmed forms. A multistemmed tree can be pruned to form a dense hedge. Serviceberry has showy flowers and edible fruit, resembling blueberries. High-bush cranberry This is another multistemmed bush with lovely spring flowers and persistent red berries. Left unpruned, most varieties grow tall, but it can be pruned into a dense hedge. Several horticultural varieties are small and dense. American hazelnut This multistemmed bush can grow to be 8 feet tall and almost as wide. Its fruits are hazelnuts, also called filberts. They are edible, if you can beat the squirrels to them. The fruit husks are large and decorative. Viburnums There are a number of species and varieties, including nannyberry, arrowwood, and blackhaw. These range from bushy shrubs to small trees. All have white spring flowers and produce plentiful berries. h) t / '..of'"(.~,... (_/ ~ t\L o/U { a>(/ -f \-1,L VI;.,·; tL_ / /r. A ~-,,._ r·_·. (_ -V'< -{. . • \_ f' ' -? /> V r--1tc-/.,,., ,\',c/··· Cvf,o k~ CVJ'-r ,,-,)t t,-\,,?. {C } 1 /V \ . \_.,,,t • ...f f\, (__...- ,_ ., V /L·t l 1-t--~ lr,/7 1 •,/: :1'{--u,: [ 1/lJi l ----r t/ '-v, v, '", ,/ ., ----· E vt r ,_--:; f ;;,L...:, ,,. "-. l-. 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Applicant: Eric Vogstrom Address: 20840 Channel Dr. Owner: Eric Vogstrom Address: 20840 Channel Dr. Greenwood, MN 55331 Greenwood, MN 55331 ){ Meeting with Staff Date:()111 0~ ~ Application Completed Date: 4 )z( Incomplete Notice Sent Date: !7clJ-/ 0 ; f " Copy of Application Sent to: __ Engineer _ County DNR ~ Property Owners Notified: Date: :?\ -10-o v\ \ □ Date: MCWD Legal Notice Published -------- PC Meeting(s): □ Resolution: n LMCD e)