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HomeMy WebLinkAboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Neil & Barbara Goodwin 7310 Kurvers Pt Chanhassen, MN 55317 TYPE OF APPLICATION: DATE OF MEETING: Variance & CUP 22 July 2013 ZONING FILE: 13-3604 NOTICE OF COUNCIL ACTION DATE OF NOTICE: 23 July 2013 COPIES Barbara Goodwin via email: Peter Eskuche Adam Burrington Sven Gustafson VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the original resolution at the City Offices (Please note: The City is now on a summer schedule. Monday through Thursday 7:30 -5 PM & Friday, 7:30 to 11 :30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than July 22, 2014 as outlined within the resolution. 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 contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtis@ci.orono .mn.us or 952 .249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday , July 22, 2013 7:00 o'clock p.m. Th Orono City Council met on the above-mentioned date with the following members present: ayor Lili d McMillan , Council Members Kristi Anderson , Cynthia Bremer , Lizz Levang and · ron Printup . Repres ting Staff were City Administrator Jessica Loftus , Assistant City Administrator Long-Term Strategic anning Michael Gaffron , Planning Coordinator Melanie Curtis , Finance Di ctor Ron Olson , Public Wor Director/City Engineer Jesse Struve , City Attorney Soren Mattick, a ecorder Jackie Young . lied the meeting to order at 7:00 o'clock p .m . Item Nos . 4 , 6, 7, 8, 11 , and 4 were added to the Consent Agen ,,. . Bremer moved, Levang secon Nays 0. APPROVAL OF MINUTES ,# *2. COUNCIL WORK SESSION o:/, LY 8, 2013 VOTE: Ayes 5, Bremer moved, Levang seconded, to • ,hp rove e minutes of the Orono City Council work session of July 8, 2013, as submitted. VOT ·: Ayes 5, N s 0. Bremer moved , Levang s.. onded, to approve the minutes the Orono City Council meeting of July 8, 2013, as submit cl. VOTE: Ayes 5, Nays 0. the Planning Commission will be discussing alternative e gy systems at their August 7 Lemke stated he would be available for questions. PLANNING DEPARTMENT REPORT *4. #13-3604 ESKUCHE ON BEHALF OF NEIL AND BARBARA GOODWIN, 2975 CASCO POINT ROAD -VARIANCES AND CONDITIONAL USE PERMIT -RESOLUTIO NO. 6305 Bremer moved, Levang seconded, to adopt RESOLUTION NO. 6305, a Resolution Granting Variances to Municipal Zoning Code Section 78-1279(6) and a Conditional Use Per.mit Pursuant to Municipal Zoning Code Section 78-966, for the property located at 2975 Casco Point Road. VOTE: Ayes 5, Nays 0. Page 1 o f 20 ----------------- I I . ' ' Date Application Received : 04/17/13 120-Day Review Period Expires: 08/15/13 REQUEST FOR COUNCIL ACTION Department Approval: 1 A A/ 1Administrator Approval: Name: Melanie Curtis v~\v" Title: Planning & Zoning Coordinator Item Description: Date: 17 July 2013 Item No. 'f Agenda Section: #13-3604 -Eskuche Associates on behalf of Neil & Barbara Goodwin, 2975 Casco Point Road Variances & CUP -Resolution Zoning District: LR-lC, One Family Lakeshore Residential,½ acre/100' Lot Area: 21,003 square feet (0.48 acre) lot Width: 80' list of Exhibits: Exhibit A. Exhibit B. Exhibit C. Draft Resolution C Memo dated 07 /02/13 Draft Council Minutes -07 /08/13 Application Summary: This application was before the City Council at the July 8th meeting . At that time the Council discussed the request and directed Staff to draft an approval resolution for adoption at an upcoming meeting . Staff has drafted a resolution for consideration . Planning Commission Recommendation On June 17th the Planning Commission voted 5 to Oto recommend approval of the average lakeshore setback variance and the CUP for the work within the Oto 75 foot zone conditioned upon City Engineer approval of the grading plan. Planning Staff Recommendation Planning Staff recommends approval of the CUP for the work within the Oto 75 foot zone. Further staff recommends approval of the requested average lakeshore setback variance consistent with the Planning Commission's recommendation consistent with the attached approval resolution . COUNCIL ACTION REQUESTED The City Council should adopt or amend the approval resolution. A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279(6) AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-360.4 WHEREAS, Neil Goodwin and\ Barbara Goodwin, a married couple (hereinafter "the Applicant") are the owners of the property located at 2.975 Casco Point Road within the City of Orono (hereinafter the "City"). and legally described as:. attached on Exhibit A (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning:. Code Section 78-1279(6) to allow construction of a new home ahead of the average lakeshore setback; and · · WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit (hereinafter the ''CUP") pursuant t.o Oroho Municipal Zoning Code Section 78-966 to allow grading for construction of new retaining walls and stair system in conjunction with removal of the existing retaining walls and stairs within the 75-foot setback on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission and City Council on June 17, and July 8, 2013 at which times all persons desiring to be heard .concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File number 13-3604. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. Page 1 of 5 3. The Planning Commission reviewed this application at a public hearing held on June 17, 2013 and voted 5 for and 0 against on a motion to approve the CUP and the average lakeshore setback variance; the City Council reviewed the application at the July 8, 2013 public hearing and finds that the following factors support the granting of the requested variance and CUP: a. The Property contains 21,003 square feet in area and has a defined width of 80-feet at the lake and 80-feet at the 75-foot setback. b. The home on the Property has exist~d. since the early 1950s. c. The adjacent home locations combined with the curve of Casco Point Road results in the Property having a shallower depth than the adjacent properties resulting in a smaller legal buildable envelope. d. A 60' x 120' tennis court is situated on the non-lakeshore property directly to the south, betwe~n the Applicant's proi:>erty and the home at 2987 Casco Point Road interfering with the view ofthe lake from the Applicant's property. e. The adjacent home at 2987 Casco Point Road is located approximately 140 feet from the Applicant's proposed home and approximately 140 feet from the lake. Due to this separation, views of the l~ke from the home on this property will not be adversely impacted by the encroachment of the Applicant's proposed .home. f. The Applicant's proposed .home is designed in a way which improves the views of the lake. from the home at 2967 Casco Point Road when compared to the existing home. g. Both adjacent neighbors have expressed support for the application regarding the average lakeshore setback variance as requested. h. Theproperty will conform to the hardcover limitations of Tier 1. i. The Applicant's proposed home will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. j. The Applicant's proposed home location will not adversely impact views of the lake currently enjoyed by the adjacent properties; future views will be improved with the new home for the northern neighbor. Page 2 of 5 k. The Applicant's request is in harmony with the purpose and intent of the ordinance. I. The Applicant has demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. m. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. · Drainage patterns for runoff leaving the site will not be significantly altered. The resulting grade will be more gradual than existing and similar to the other properties in the neighborhood. n. The applicant has provided a1~ndscape plan which will serve to screen and mitigate views of the retainin~ walls and stairs from the lake in a natural manner. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the pt1blic, and .the effectoft~e proposed variance and CUP on the health, safety and welfare ofthe community., 5. The City Councilfinds 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 and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard dr other dangeJ to neighboring property; would not merely serve as a convenience to the Applicant, but is necessary to alleviate a practical diffictJlty; is necessary to preserve a: substantial property right of the Applicant; and would be in keeping with<.the spirit and intent of the Zoning Code and Comprehensive Plarrof 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 78-1279(6) to allow construction of a new home ahead of the average lakeshore setback; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allowgrading for construction of new retaining walls and stair system in conjunction with removal of the existing retaining walls and stairs within the 75-foot setback on the Property; subject to the following conditions: 1. Council approval is based on the survey, landscape plans and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B, C, Page 3 of 5 and D. Any amendments to the approved survey/site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations will also be met. 3. The landscape plan for the area within the O to 75:..foot setback zone includes a randomly placed flagstone landing and firepit. The required pervious areas within the flagstone landing shall consist of mulch, vegetation or other soft pervious material; gravel or other compacted granular materials m~y not Qe. used. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the home and commencing construction of said project A framing inspection must be completed within one year of the date of Council approval, or the variance and condi!io.nal use permit will expire on that date (July 22, 2014). 5. Violation of or non-compliance. with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanoL 6. The undersigned Applicant has read,understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resdlution in the chain of title of the Property. Adopted by the Orono City Cpuncil on the 22 nd day of July, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 4 of 5 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 0/day of _____ , 2013, by Neil Goodwin, husband of Barbara Goodwin. · STATE OF MINNESOTA COUNTY OF HENNEPIN Not~.ry Public This instrument was acl<.nowledged before m~.this _ day of _____ , 2013, by, Barbara Goodwin, wife of Neil Goodwin. · Notary Public Page 5 of 5 LEGAL DESCRIPTION OF PR ISES: (Per Certificate of Title No. 1352861) Lot 89, Spring Park, and ' Resolution Exhibit A -~ ' I Lot 90, except that part lying Nort erly and Westerly of a line commencing at the shore line of Lake Minnetonka at a point 80 feet North of the most Southerly line of Lot 89 measured at right angles from said line; thence continuing in a Northeasterly direction parallel with the South line of said Lot 89 to a point in the Westerly line of the roadway which was known as Lake Shore Avenue, which roadway was vacated by Order of District Court of Hennepin County, Minnesota on December 9, 1931 ; hence continuing in a Northeasterly direction 147 feet to a point which is 75 feet North of the most Southerly line of Lot 89, measured at right angles thereto; thence continuing in ~ Northeasterly direction parallel with the Southerly line of said Lot 89 to the West line of the New Highway which has replaced the highway formerly known as Central Avenue. That part of Lake Shore Avenue (vacated) and the land of said plat lying Westerly of said Lake Shore Avenue embraced between the extensions Southwesterly of the Northwesterly and Southeasterly lines of the premises hereinbefore described, to the shore of Lake Minnetonka. All in Spring Park. ALSO (From Doc. No. 1249299, shown as a memorial on Cert. No. 1352861) That part of Central Avenue, according to the recorded plat of Spring Park, Lake Minnetonka, lying Northerly of the Southeasterly line of Lot 89, said Spring Park, and its Northeasterly extension, lying Southerly of a line drawn parallel with and 75 feet Northwesterly, measured at right angles, from said Southeasterly line of Lot 89 and its Northeasterly extension, and lying westerly of a line drawn parallel with and 30 feet Westerly, measured at right angles, from the following described line: Commencing at the most Westerly corner of Lot 103, said Spring Park, Lake Minnetonka; thence on an assumed bearing of North 4 7 degrees 14 minutes 30 seconds East along the Northwesterly line of said Lot 103 a distance of 95.74 feet to the point of beginning of the line being described, said point being a point in a non-tangential curve concave to the West having a radius of 445 feet, a tangent of said curve through said point of beginning bearing North 15 degrees, 56 minutes, 30 seconds West; thence Southeasterly along said curve through a central angle of 6 degrees, 53 minutes, 30 seconds an arc distance of 53.52 feet; thence South 9 degrees 03 minutes East tangent to said curve a distance of 200 feet; thence along a tangential curve to the left having a radius of 280 feet and central angle of 327 degrees 40 minutes a distance of 184.07 feet, and there ending. CERTIFICATE OF SURVEY FOR BARBARA GOODWIN IN LOTS 89 AND 90, SPRING PARK, AND IN VACATED LAKE SHORE AVENUE HENNEPIN co+, MINNESOTA 0 20 40 80 ~ < '-\ SCALE IN FEET ' ~ \ ~ \! '1 g g I \ \ I I \ \ \ I \ \ \ \ \ I , I \ \ ' 'Z~ \ ii i "" ~ LINE AS DESCRIBED IN DOC. NO. 1249299 v~ .... \ \ .,-A ,,,.... \ // \ ........ \ \ \ ,' '\ ,. '-,~( Cl \, ' "' \~ 1i~ ' ',, i;,_+..\\ '/).'i,. " ' ,~. " ". '-......_ I 1-.g' 1\ " "' "'-..__ ,, ' \ ' \ ~\ ti~~~~~g~~ELNS.TRANOLAVENUE ,, 0 -~ ~ ~·~ '•'-~• 0--0 ~9, .,_;1, -.., ~'1,? \'f?o \ ~\._\ ,§>\ '&.~ \ ts, 944 DETAIL \ i ,:.>. ~ 1v \ \~ \ ~' :1~~-, 0.\ ~ .... ~~ ,iy(I '\-.. I ', \ -~ cou \-t '-' . '-\ ·, \ 1S / '-___ \<\1f~~--.. ---/ / ',' ' ,11\\\\···••' ,::,·.:• / ............ - \ \ // \ '1\ /// . . \ / ' •::, \ ' /// ~ / ,_,,,-" I \ /..-. / _,,,,, ', \'-I ,.,.,,, / _,,,,, ' ·" / I .,.. ' ' ', ( /--,,,,,, '-, ""-~ \ \ \ I / /./ /// PROPOSED ELEVATIONS {PER ARCHITECT) '<', '-' \ \ ' ,....,... ' , ' '-'-..__ , , \ I t" .,....,....,...'! \ \ \ ' '-, ~ '. \ I I I j./...-_!.--- '\'· \, '-, ' '-..__ I )..,.,....,....,...( (\ r \ ' '-.,....,... CC\ \ ',, .,....,....,....,... ', \ :i:.>::_ ' v.,... \ I ~ 1 :1:', <a ' I v, _: ~I\ 17'""\-z_ ?I \ \ C; \ ' \) 1) GARAGE 111 949.5 2) MAIN FLOOR =950.5 3) LOV'v'ER LEVEL ::942.3 1 "=10' \ .,: (Per Certificate of Title No. 1352861) LEGAL DESCRIPTION OF PR Lot 89, Spring Pant, end Lot 90, except that part lylng Northerly and Westerly of a line commencing at the shore line of Lake Minnetonka at a point 80 feet North of the most Southerly Une of Lot 89 measured at right angles from said Una; thence continuing ln a Northeasterly direction parallel with the South line of said Lot 89 to a point In the Westerly llne of the roadway which was known as Lake Shore Avenue, whlch roadway was vacated by Order of Olstrlct Court of Hennepin County, Minnesota on December 9, 1931; hence continuing In a Northeasterly direction 147 feet to a paint which la 75 feet North of the most Southerly line of Lot 89, measured at right angles thereto; thence continuing In a Northeasterly direction parallel with the Southerly llne of said Lot B9 to the West line of the New Highway which has replaced the highway formerly known as Central Avenue. That part of Lake Shore Avenue (vacated) and the land of said plat lylng Westerly of aa!d Lake Shore Avenue embraced between the extensions Sauthwesterty of the Northwesterly and Southeasterly lines of the premises herelnbefore described, to the shore of Lake Minnetonka. All in Spring Park. ALSO (From Doc. No. 1249299, shown as a memorial on Cert. No. 1352B61) That part of Central Avenue, according to the recorded plat of Spring Park, Lake Minnetonka, lying Northerly of the Southeasterly line of Lot 89, said Spring Park, and.its Northeasterly extension, lying Southerly of a line drawn parallel with and 75 feet Northwesterty, measured et right angles, from said Southeasterly line of Lot 89 and Its Northeasterly extension, and lying westerly of a line drawn parallel with and 30 feet Westerly, measured at right angles, from the fol!owlng described !Ina: Commencing at the most Westerly corner of Lot 103, said Spring Park, Lake Minnetonka; thence on an assumed bearing of North 47 degrees 14 minutes 30 seconds East along the Northwesterly \Ina of said Lot 103 a distance of 95,74 feet to the point of beginning of the llne being described, said point being a point In a non•tan!)enUel curve concave to the West having a radius of 445 feet, a tangent of said curve through said point · minutes, 30 seconds West; thence Southeasterly along said minutes, 30 seconds an arc distance of 53,52 feet; thence S, cur,,,a a distance of 200 feet; thence along a tangential curve _ central angle of 327 degrees 40 minutes a distance of 1B4.07 feet, and there ending. '53 said This survey shows the boundaries, topography and significant tree location on the above described property, and the proposed location of a proposed house, driveway, porch, terrace, patio and retaining walls. It does not purport to show any other Improvements or encroachments. • : Iron marker found --s.i--: Existing contour line -B-: Proposed contour line """ : Existing spot elevation Bearings shown are based upon an assumed datllm NOTE: Additional property added from part of Casco Point Road out to the "New Highway" is assumed to be that shown per Doc. Na. 1249299 above. . .,, Uffi~ u; ZzM M -:j~ ! (1)0.z t-­wc:. 1 1-j!i~ ~[Q°:5 ~ Q!2C>u. (/)wz (/)~g <(<nw ,-Ji~~ "":5"' 1 0"' (!) '"3: ,: C:::ffio"' W W_,1 U> OJ~~'.". Zffi -~ Q_,Z 0 a::: ;E !!I :r (!) 0~ Q. ~151"1'1' ;§ :i ~ 1 :i m :::o ~m --0 C" --· C: --mo· -:, 2 & ~ ~ ~ " J" 0 -- EXISTING HOUSE -I -i!:K£~ ... l SEE DETAIL I CJ) / I ----I ~/ I I I ~ I ·•··~ •• .: I ------------AVERAG{au1LoiNG Sf'TBACK LINE I J I I I I I I I ,, --✓ ,, ,,- ✓ .,,✓ ---~'~ra---s --~-- Resolution Exhibit Bl- \ .. t i· '4 i\,. ---c ~, -~ 1 DOCK Gk,<1-!HC SC•li • i....j ' r--•w t N (3) MUG0 TANNENBAUM ( I 9 ) C H_OKEBERRY \ -EDGING '-' (I / DW ARI' MUGO 131 ASH LEAF S PIRJ:A ·~ 14 X\4 .. crn\11.n (3) MuGo . - TANNENBAUM 94 131 CRANBERRY Bo$1'1 -I I 5) CHOKEBERRY 15) ASH LEAF SPIRJ:A /~ 0 . ,9._~l l )DWARFMUGO 0-0' 0~ . '"'o (\ \ G"\ '\ (~> (1) MUG0 TANNENBAUM ~ 0 ,,( (? \) c 17) SEA GRJ:E N JUNIPER 0 \ \ i GO~ (.I lt'i'/1 W.;,f, f bM-'.F,Af.';, l~llt 'ff1},I~! 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SCALE = 1 /8"= l '-0" l JI CASCO Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 -- ~ Date Application Received : 04/17/13 120-Day Review Period Expires: 08/15/13 REQUEST FOR COUNCIL ACTION Council Exhibit B Date: 2 July 2013 Item No. S Department Approval:\. ~j Name: Melanie Curtis \'J \ Administrator Approval: Agenda Section: Title: Planning & Zoning Coordinator Item Description: #13-3604 -Eskuche Associates on behalf of Neil & Barbara Go Variances & CUP -Public Hearing win, 2975 Casco Point Road Zoning District: LR-lC, One Family Lakeshore Residential,½ acre/100' Lot Area: 21,003 square feet (0.48 acre) Lot Width: 80' List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Revised Survey Proposed Plans & Average Lakeshore Setback Illustrations Narrative City Engineer Comments Revised Hardcover Calculations Site Photos Planning Commission Staff Report 06/11/13 Planning Commission Action Notice 06/18/13 Draft PC Minutes -06/17 /13 Application Summary: The applicant is proposing to construct a new residence on the property and is requesting an average lakeshore setback variance to do so. Also requested is a conditional use permit to conduct land alterations within 75 feet of the lake for redesigned stairs, landings and (smaller) retaining walls. Since the Planning Commission meeting the applicant has revised the plans so that both hardcover and structural coverage levels are met. The average lakeshore setback line is determined by the homes on the two neighboring lakeshore lots . The property immediately to the south ofthe applicant's property has a tennis court with a tall perimeter fence which is situated on and over the applicant's property line. This tennis court lot is not a lakeshore lot; the adjacent lakeshore lot to the south for determination of the setback is 2987 Casco Point Road owned by Casco Point LLC. Casco Point LLC is also the listed owner of the adjacent tennis court lot. While still requesting an average lakeshore setback variance to encroach up to 21 feet into the setback, the applicants' proposed plan appears to improve the views of the lake for the 2967 CPR property; and due to the separation between the two homes and the location of the tennis court, the adjacent neighbor to the south's (2987 CPR) views of the lake do not appear to be adversely impacted by the proposed encroachment of applicants' home . Planning Commission Recommendation #13-3604 2 July 2013 Page 2 of 2 On June lih the Planning Commission voted 5 to Oto recommend approval of the average lakeshore setback variance and the CUP for the work within the Oto 75 foot zone conditioned upon City Engineer approval of the grading plan. The applicants were directed to meet the hardcover and structural coverage levels as well; they have done this with their revised plans. Planning Staff Recommendation During the Planning Commission meeting there were a number of neighbors who spoke about the application specifically about the stormwater issues on Casco Point Road as this property exists at a low point in the road. Please refer to the attached draft minutes for details regarding this discussion. The City engineer visited the site with the applicant's representative and provided direction regarding grading and drainage. The City engineer's comments are attached. All stormwater and drainage issues must be satisfactorily resolved prior to the issuance of a building permit for the new home. Planning Staff recommends approval of the CUP for the work within the Oto 75 foot zone. Further staff recommends approval of the requested average lakeshore setback variance consistent with the Planning Commission's recommendation. COUNCIL ACTION REQUESTED There was an issue with the timing of the neighbor mailing for the public hearing held on June 17th resulting in the mailing to neighbors being sent later than normal. To allow for additional neighbor comments Staff has republished for a public hearing to also be held at the July 8th Council meeting. The Council should open the public hearing and following any comments from the public and Council discussion, direct staff to draft a resolution reflecting Council's decision. \3-004E' CERTIFICATE OF SURVEY FOR BARBARA GOODWIN IN LOTS 89 AND 90, SPRING PARK, AND IN VACATED LAKESHORE AVENUE HENNEPIN COUrY, MINNESOTA ~ 0 20 40 80 1, 111111: ·I I I I I I SCALE IN FEET \ \ \ \ I \ \ \ I: \ :, v WE$T LINE OF CENTRAL AVENUE \ ()AS SHOWN ON R.L.S. NO. 461 ' \\U> \ ,() ~ \~-0 ~~ f>.°'-~\ <g\ ,"\ ·o~\ \tp 'o.~ 'b. V <-;\ ~' ~~\ \ PROPOSED ELEVATIONS (PER ARCHITECT} 1) GARAGE 2) MAIN FLOOR 3) LOWER LEVEL = 949.5 = 950.5 = 942.3 ---._ Council Exhibit At DETAIL 1 "=1 O' LEGAL DESCRIPTION OF PR Lot 89, Spring Park, and \ \ MISES,: (Per Certificate of Title No. 1352861) Lot 90, except that part lying Nert erly and Westerly of a line commencing at the shore line of Lake Minnetonka at a point 80 feet North of the most Southerly line of Lot 89 measured at right angles from said line; thence continuing in a Northeasterly direction parallel with the South line of said Lot 89 to a point in the Westerly line of the roadway which was known as Lake Shore Avenue, which roadway was vacated by Order of District Court of Hennepin County, Minnesota on December 9, 1931; hence continuing in a Northeasterly direction 147 feet to a point which is 75 feet North of the most Southerly line of Lot 89, measured at right angles thereto; thence continuing in a Northeasterly direction parallel with the Southerly line of said Lot 89 to the West line of the New Highway which has replaced the highway formerly known as Central Avenue. That part of Lake Shore Avenue (vacated) and the land of said plat lying Westerly of said Lake Shore Avenue embraced between the extensions Southwesterly of the Northwesterly and Southeasterly lines of the premises hereinbefore described, to the shore of Lake Minnetonka. All in Spring Park. ALSO (From Doc. No. 1249299, shown as a memorial on Cert. No. 1352861) That part of Central Avenue, according to the recorded plat of Spring Park, Lake Minnetonka, lying Northerly of the Southeasterly line of Lot 89, said Spring Park, and.its Northeasterly extension, lying Southerly of a line drawn parallel with and 75 feet Northwesterly, measured at right angles, from said Southeasterly line of Lot 89 and its Northeasterly extension, and lying westerly of a line drawn parallel with and 30 feet Westerly, measured at right angles, from the following described line: Commencing at the most Westerly corner of Lot 103, said Spring Park, Lake Minnetonka; thence on an assumed bearing of North 47 degrees 14 minutes 30 seconds East along the Northwesterly line of said Lot 103 a distance of 95.74 feet to the point of beginning of the line being described, said point being a point in a non-tangential curve concave to the West having a radius of 445 feet, a tangent of said curve through said point of beginning bearing North 15 degrees, 56 minutes, 30 seconds West; thence Southeasterly along said curve through a central angle of 6 degrees, 53 minutes, 30 seconds an arc distance of 53.52 feet; thence South 9 degrees 03 minutes East tangent to said curve a distance of 200 feet; thence along a tangential curve to the left having a radius of 280 feet and central angle of 327 degrees 40 minutes a distance of 184.07 feet, and there ending. This survey shows the boundaries, topography and significant tree location on the above described property, and the proposed location of a proposed house, driveway, porch, terrace, patio and retaining walls. It does not purport to show any other improvements or encroachments. • : Iron marker found ----: Existing contour line --lEB-: Proposed contour line """ : Existing spot elevation Bearings shown are based upon an assumed datum NOTE: Additional property added from part of Casco Point Road out to the "New Highway" is assumed to be that shown per Doc. No. 1249299 above. c~ :~'g t:: 2: = o~~ e~~ SU~ ,~~ . ~E!i ~,Big ~§i:e i:~! ,;; E'$ii = >,"OU) i~·es s[~o fl! I !iii w ~ C :z w ~ "' frl :,: u ~ ~ u h ti Cl)"' i n Z"' 0~ ~ u5 nj ~ f ~ "' 0 n > @ n UJ "' 0::: ~ 0 @ ! ~ g: .. >-"' • • ,, • ,,, -n -I ~ en m m C m -I )> -r- co N ~ .i,. (') 0 z -; 0 C :::0 r- z m , _ O':'o'f. : , , _ 10('111'.J?'U~l & l -N 57° 43'30" E ' ' I ' ' / \ I \ I • I I I I I I I I I I 239.68 I ------ \ \ I \ \ \ \ COURT \ \ ___________________ // I I /'"" I \ ---- --:r STREET PERSPECTIVE Council CAs~~B 1 Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 ONOHO .:JO AJ.10 £toZ £ o Nnr 0 3.1\13:>3~ esKUCHe ASSOCIATES LAKE PERSPECTIVE S2- CAsco Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 esKUCHe ASSOCIATES I ' \ ) I ' I t 1 / \ \ 1 1--· ,/\~ \ ( .- v ---,..-. .Y -· L.,,--·t ,",/ r-.K I ' --- \ ( r I' _;.:,...d - , I : \ _ _,, \ J._ I r-r p RO(P,OS RE I N j :::::L_~==.._..=t:=:itl ,::t:.:· ___ j __ =:.:::::::::::t=--_:_::-=---_-_-_-· -=···-==tzj-:: ~~=======~ ------1 I . ' ........ ,.. i MAIN LEVEL PLAN APPROX. SCALE = l /8"== l '-0" F1N1SHED SGuARE FooTAGES, MAIN LEVEL 1,870 UPPER LEVEL 2,110 LOWER LEVEL 1,560 SUBTOTAL 5,540 STORAGE 1,054 Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 SSKUCHS ASSOCIATES , f~IC,H f 21) 1 3 t I l . -..... -T PROPOSED RESfDENC ~~~~ UPPER LEVEL PLAN APPROX. SCALE = 1 /8"= 1 '-0" t ' C . n , r l3t CASCO Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOC IATES r r.. ; r ,.. •-..-. I \ r -I • l ~ -- .. I \ -{ ., '!1---1 ; -4 -....... i.....---. . ----1 I ----,, r LOWER LEVE L p LAN APPROX. SCALE = 1 /8"= 1 '-0" -, I \ r---1 \ ~ _.l • -,-/ B~ CASCO Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 esKUCHe ASSOCIATES -· I -r---==--'",a,=~ -.,... --·. --=-1,!-----' -~~=--=--=--c~~= ------ti I I ✓/"-._ ~-'· ~-,~.},! I / I I J I _._ ______ ~____,~ HIGEST POINT OF ROOF 1 i . , CX) It') It') I CX) N < ::> C w -' :5 C w 10'-0" ABOVE LOWEST FLOm ,-· __ __J_, 1 --=~----=------------------------~-------il'.J LOWEST FLOOR (942.3') BUILDING HEIGHT CALCULATION APPROX. SCALE = 1 /8 "= 1 '-0" Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 9SKUCH9 ASSOC IATES EXISTING SHORELINE VIEW (EXHIBIT C) 940 930 tAKE MINNET NKA Normal Water Le I = 929 _3 0 SHORELINE SECTION 10 20 30 40 ----- 50 60 70 Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe - ASSOC IATES Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES PIERCE PINI & ASSOCIATES, CONSULTING CIVIL ENGINEERS SITE DRAINAGE NARRATIVE Existing Conditions INC. Council Exhibit C The project site is located at 2975 Casco Point Road on Lake Minnetonka in Orono. The existing site consists of a residential home and driveway with a deck near the lake. There is currently no stormwater management features on the site. Most of the runoff from the site drains directly to Lake Minnetonka with a small portion at the front of the house draining to Casco Point Road. Soils The on-site soils for the project are anticipated to consist primarily of several feet of sandy clay at the surface. If it is determined at the time of excavation that the soils differ from that mentioned, the drainage design will need to be reevaluated to conform to existing conditions. Proposed Conditions The existing house and driveway will be reconstructed as a result of the project. The existing deck and retaining walls in the west yard will also be removed and new landscaping installed. The project is not anticipated to significantly change the impervious coverage on the property. Site Drainage It is anticipated that the project will be subject to Chapter 79 requirements of the City Code for grading over 25 cubic yards. The City requirements include the preparation of a grading and drainage plan, erosion control plan, and stormwater pollution prevention plan. The site drainage for the project will utilize permeable grass surfaces on the site to help with infiltration. Due to the lower elevation of the garage at the base of the grassed slope, it is likely that a small sump or lift station will be required to discharge any excess runoff that is not infiltrated into the ground. The forcemain will discharge towards the lake outside of the 75' shore setback to help remove any effluent sediment and reduce erosion. The existing culvert across Casco Point Road at the top of the grassed slope should be bermed and redirected away from the property to ensure that excessive drainage does not enter the lower garage. Sediment and Erosion Control Silt fence and biologs will need to be placed along the perimeter of the disturbed construction area and along the lake shore prior to construction to prevent erosion onto adjacent properties and Lake Minnetonka. A floating silt curtain may also be needed for additional lake protection. Page 1 of2 9298 CENTRAL AVENUE NE, SUITE 202 • BLAINE, MN • 55434 PHONE: 7 6 3. 5 3 7. I 3 I 1 • FAX: 7 6 3. 5 3 7. I 3 5 -I • E 111 A IL: PP A@P IE RC E PIN I.CO Ill PIERCE PINI & ASSOCIATES, INC. CONSULTING CIVIL ENGINEERS A rock construction entrance will need to be established and site street sweeping performed throughout the construction phase. Soils stockpiles shall be covered when not used for more than 48 hours or temporarily seeded to prevent windblown sediment from transporting off-site. Permanent erosion control will consist of sod and soil stabilizing native plants. The area within the 75' shoreland setback will be stabilized with a mixture of shrubs, trees, and other planting as shown on the landscaping plan. A Storm Water Pollution Prevention Plan will be prepared and implemented for the project. Page 2 of2 9298 CENTRAL AVENUE NE, SUITE 202 • BLAINE, MN• 55434 PHONE: 7 6 3. 5 3 7. 1 3 11 • FAX: 7 6 3. 5 3 7. 1 3 5-l • E !II A IL: PP A@ PIERCE PIN I.CO !II Council Exhibit D Melanie Curtis From: Jesse Struve Sent: Tuesday , July 02, 2013 4:36 PM Melanie Curtis To: Subject: 20130702 2975 Casco Pt Rd Melanie, I reviewed the survey for the proposed house at 2975 Casco Pt. Rd and have the following comments : • The steps are not being replaced in-kind. The existing steps go straight up the hill while the proposed steps meander and has a fire ring as the transition point. • While the fire ring area is not a solid stone ring but is a mixture of stones and grass, significant grading is required with-in the 0-75' zone to install it . • The applicant is requesting to significantly change the existing layout of retaining walls and to flatten out the slope to the lake. By doing this and by replacing the house, the applicant will be regarding almost the entire lot, but it will less retaining walls. Also the proposed retaining walls will be significantly lower which will be easier to screen. • The survey shows a berm to prevent water from flowing back to the house (6" higher than the road). This may be sufficient since one the water become higher than the road , it will flow to the northeast to the lake, it would be my recommendation this berm be signed off by a registered professional engineer prior to approval. • The applicant is showing some filling in the right of way (ROW) to create the berm. The filling will reduce the amount of water which can be stored in this low area. The applicant should provide the same volume of storm water retention as what exists today. They should adjust the design of the berm and landscaping to make sure the proposed volume of water is at least equal to the existing volume of water. • The survey also shows retaining walls in the City ROW. Any proposed walls should not extend into the City's ROW and any existing walls will need an encroachment agreement . This is just a preliminary review and final determination will be done when a building permit is applied for . Jesse Struve, PE Director of Public Works/ City Engineer City of Orono {952) 249-4661 -Direct {952) 249-4616 -Fax www .ci.orono .mn.us 1 Council 2. '} 7S c-1rc-o /'t7JN"T £04,.,-(tAl?8 r::otJt>(A./i;v) Exhibit E ~-/Lf-13 2. PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garaqe) •(24'.x30;) ----(720S:F.) A /-'-~~""'-(rt? ~t:" ,i,-'Jl10V€t:?) .. -S.F. .J,. \.,l"-,F B ,'I,-A IJ )I .... ,.. -S.F. ~ ~ C -~-II I --S.F. i)\._A,. t:''V" ,.,_,.,,..~_,.~ D ~bt',,-';,f-3/--/I , .., n,_ S.F. ~ E //I I /I ....f:d....iC..w S.F. F -=• -L .. L!.,,-4- , / ....t..,:::J_. S.F. G _.C.,,.AJ-+-t;:-,1 ~-S.F. H -~·f-r-,1 -iJ.~· S.F. I ,, -l'i ~ S.F. .. J ... ;::.~ II -~ S.F. K f:;1:,1..l; tk: /1 -t-# S.F. L < ._.._ .n r-/I -9+-S.F. M -I.< 4 H,,... ,)jj, I I I"" I/ ~ S.F. N /J ,., _,_ ',I <" // -H-S.F. , ,, , I 0 .,...., .A ,;: ,... t✓ r_....-......-c.;,,-v!•_, --// ;a ta>. S.F. p /l/Ft.,tI NtJU.[~ Z~?/ S.F. Q :/' l}/U 1./G" / '7~'?-S.F. R rl /J,fll?, C 1./ ~ '7:q S.F. s /I /JA 7"1 t7 (/S'j> 1'""7rHMC"ft/. ~l. ,r SO (IT/Ii,,< ) 209 S.F. T ., 26"7 S.F. .// TrA R11 c€ u ,I I f"TodP 23 S.F. v,w 'x r', z .II L,(.,,I A l-· .t . S 3S. '-16 t.1, 2.3 8J? -237 S.F. W-AA ~ . S.F. 'II MIAlLI" /--ff;l iA./1 ,1_,,; C L,,,$,~l_.1 /Q -X-/? .Ii ✓I ;'/ /I /I 16 S.F. -¥-~~(~ IJ /I /I I,' /0 S.F. -b ao ;:: (...,1 (;J"'ri?yVE:' !DUI< r r r( Pr 3 o I s ,s r-1 /4£ I' 1 r F t!A.C frtJ,vf'S 21 2../3 S.F. ,:: ,r:: (AJA L /c" .'5" ti': r..r:. L:"t,. C: ,~,,,, ,, .J. 1/AO/l>t,{r tfJ,:;q,l(},:"l'(J" /()f, (1) Total Proposed Hardcover / 5"1/ZC S.F. Excludable Hardcover: j/-z U.JAU-S" 237 S.F. s P'°/.i'rr ,NUJF.A ~r-.Pel ,/Jo q f ,i?,1(1"/tJ /00 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 3:?7 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] 5"089 S.F. II (4) Total Lot Area .ZIJC?O ~ ~ Proposed Hardcover Percentage [ (3) -:-(4) ] 2.r .. z3 - Council Exhibit FI j 1. Date Application Received: 04/17/13 120-Day Review Period Expires: 08/15/13 To: From: Date: Subject: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning Coordinator W/ 11 June 2013 #13-3604 -Eskuche Associates on behalf of Neil & Barbara Goodwin 2975 Casco Point Road Variances & CUP Public Hearing Zoning District: LR-1C, One Family Lakeshore Residential, ½ acre/100' Lot Area: 21,003 square feet (0.48 acre) Lot Width: 80' Application Summary: As submitted, the applicant requests structural coverage *, hardcover * and average lakeshore setback variances as well as a conditional use permit in order to construct a new residence with new lake yard retaining walls and lake access stair. Staff Recommendation: If the Planning Commission finds practical difficulties exist a recommendation for approval of the requested average lakeshore setback variance would be appropriate. Planning Staff recommends approval of the CUP for the work within the O to 75 foot zone including the walls, stair and flagstone "landings". However, staff does not find practical difficulties to support the hardcover variance or the structural coverage variance and recommends denial of these variances . *At the time of the drafting of this memo, the applicant is in the process of reducing both structural coverage and hardcover levels in order to be conforming. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Exhibit L. Exhibit M. Exhibit N. Exhibit 0. Exhibit P. Application Practical Difficulties Narrative Existing Survey Proposed Survey Landscape Plan Average Lakeshore Setback Illustrations -by staff Proposed Building Plans and Elevations Average Lakeshore Setback Exhibits -by applicant Submitted Hardcover Calculations City Engineer & Landscape Architect Comments w/ applicant response Setback Exhibit -Neighbor Patio Hypothetical 2967 CPR Survey Neighbor Comments 60-day Extension Letter Property Owners List Plat Map Council Exhibit G FILE# 13-3604 11 June2013 Page 2 of 8 Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, Jot width and yard requirements. (a) Height. No structure or building in the LR-lC district shall exceed 2 1/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard Side Yard (feet) Rear Yard (feet) Side Yard (acre) (feet) (feet) Adjacent to Street (feet) 0.5 100 30 10 30 15 Sec. 78-966. -Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. Sec. 78-967. -Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of al/ lakes enumerated in article IX of this chapter. Sec. 78-1279. -Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In instances where the average lakeshore setback can not be met, administrative approval may be granted at the discretion of the planning director provided no lake FILE# 13-3604 11 June2013 Page 3 of 8 views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. Sec. 78-1680. -Hardcover restriction zones. Within 75 feet of the ordinary high water level {OHWL} of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shore/and overlay district. Sec. 78-1700. -Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. {1} Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. {2} Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. {5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. Background The applicant is proposing to construct a new residence on the property and is requesting an average lakeshore setback variance to do so. The existing home on the property currently encroaches into the average lakeshore setback 19 feet (25 feet including the lakeside deck) and is situated 7.5 feet from the north side lot line. The applicant is also requesting conditional use permit approval to conduct land alterations within 75 feet of the lake for redesigned stairs, landings and (smaller) retaining walls. A hardcover variance to permit 26.36% hardcover where 25% is allowed and a structural coverage variance to allow 16.7% structure where 15% is allowed are also requested according to the current plans. The average lakeshore setback line is determined by the homes on the two neighboring lakeshore lots. The property immediately to the south of the applicant's property has an approximate 60' x 120' tennis court with a tall perimeter fence. The perimeter fence is situated on and over the applicant's property line. This tennis court lot is not a lakeshore lot; the tennis court property line stops 27 feet short of reaching the lake. The adjacent lakeshore lot to the south which determines the setback is 2987 Casco Point Road owned by Casco Point LLC. Casco Point LLC is also the listed owner of the adjacent tennis court lot. There is a boathouse on the 2987 Casco Point Road property approximately 10 feet from the OHWL and directly lakeward of the tennis court. See Exhibit F for an aerial photo illustrating the average lakeshore setback line and this unique lot configuration. LOT ANALYSIS WORSHEET Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. {0.5 acre) 100' Actual 21,003 s.f. {0.48 acre) 80' Setbacks: LR-lC Rear North Side South Side Lakes ho re Average Lakeshore Structural Coverage: Required 30' 10' 10' 75' Proposed 37.7' 10.8' 10' 138' FILE# 13-3604 11 June 2013 Page 4 of 8 The new home is proposed to encroach between 14 to 19 feet into the average lakeshore setback based on the neighboring adjacent homes. Currently, as submitted the applicant's plans exceed the allowed 15% structural coverage. The applicant acknowledges this and has agreed to revise the plans by shrinking the footprint. Staff hopes to have the revised plan by the time of Monday's Planning Commission meeting. Total Lot Area Total Structural Coverage 21,003 s.f. (0.48 acre) Allowed: 3,150 s.f. (15%) Proposed: 3,524 s.f. (16.7%) Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier 5,250 s.f. 5,897 s.f. (402 s.f. of 5,536 s.f. (213 s.f. of Tier 1 21,003 s.f. (25%) (28.07%) the HC is (26.36%) the HC is w/ in 75') w/ in 75') Hardcover Variance A structural coverage variance is reflected in the applicant's submittal, however this was unintended and they are working on revisions which will result in a conforming structural coverage level; the reductions in structure may also result in a conforming hardcover level for the property. The applicant's current plan reflects a variance to allow 26.36% hardcover where 25% is normally allowed within Tier 1 of Orono's Stormwater Quality Overlay District. This includes proposed stair and retaining wall hardcover within the O to 75-foot zone. However, based on the above statement regarding the applicant's intent to reduce the structural coverage (massing) amounts to 15%, the applicant will be providing a revised plan which should greatly reduce or eliminate the need for a hardcover variance. Within the 75 foot setback area the applicant is attempting to reduce hardcover by eliminating some retaining walls and a large lakeside deck. The applicant is proposing to construct a meandering stair with a circular flat landing at the midpoint. The "landing" is an approximate 12 foot diameter area and is comprised of randomly placed flagstones, grass (or other permeable material), a four foot diameter fire ring feature in the center resulting in 21 square feet of hardcover where a 9 square foot (3' x 3') landing is the minimum for a code-compliant stair. Average Lakeshore Setback Variance FILE# 13-3604 11 June 2013 Page 5 of 8 The applicant has proposed a plan which improves upon the existing average lakeshore setback encroachment, particularly for the adjacent home to the north (2967 CPR). Based on the adjacent home locations, the proposed home will encroach 14 feet into the setback on the north and 19 feet on the south. There are a couple unique elements affecting the applicant's site plan: the southern neighbor's tennis court and the elevated patio at 2967 CPR. The fencing which surrounds the tennis court obstructs the views of the lake from the applicant's existing and the proposed home. For this reason the applicant has proposed a porch on the south side resulting in the greatest encroachment into the average setback; their plans have been designed so that the lake views from the 2967 CPR property are improved. Based on survey information for the property the patio at 2967 CPR is elevated approximately 3.1 feet above grade. This patio area does not have a guard rail today, however if it were built today would be required to have a 36" guard rail. The inclusion of a 36" guard rail to this patio would cause the average lakeshore setback line to be moved further lakeward, as illustrated in Exhibit K. The average lakeshore setback provision is intended to protect existing lake views enjoyed by adjoining property owners. The applicant's plan appears to improve the views of the lake over the 2967 CPR property; and due to the separation between the two homes and the location of the tennis court, the adjacent neighbor to the south's views of the lake are not impacted by the proposed encroachment of applicants' home. Conditional Use Permit Analysis The applicant is proposing to remove an old tall timber wall system, deteriorating staircase and wooden deck right at the lake. They could rebuild all of the walls and deck in-kind. However, they intend to re-grade the lake yard resulting in a more gradual slope thus requiring only minimal retaining walls; replace the straight-shot wooden staircase with a stone staircase that meanders. The lakeside deck will be removed and in its place the applicant is proposing a flagstone path to a flat grassed area. The flat area is there today under the wooden deck. The applicant has proposed a landscape plan which incorporates native plant materials for a natural looking lakeshore that will serve to screen most of the hardcover improvements. The City's consulting landscape architect has provided comments on the submitted landscape plan. they are attached with the City Engineer's comments as Exhibit J. City Code Section 78-966(a)(2) indicates that landowners must obtain a CUP from the City prior to engaging in activities that include fill to elevate or alter the existing natural grade. By code, conditionally permitted uses must be reviewed using the criteria found in Section 78- 916. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 (i.e. 78-966 thru 78-968) of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; FILE # 13-3604 11 June 2013 Page 6 of 8 (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. With regard to this application, items 2, 6, 7, 9, 10 and 13 are generally applicable. Re: Item 2. The proposed grading, retaining walls and lakeshore access stair are residential in nature and are compliant with the zoning code. Re: Items 6 & 7. These criteria essentially ask whether the proposed new grade is appropriate and in character with the surrounding land and neighborhood. Staff believes the proposed grading within the 75-foot setback area will have no impact on surrounding lands. Drainage patterns for runoff leaving the site are not significantly altered. The resulting grade will be more gradual than existing and similar to the other properties in the neighborhood. Re: Item 9. This standard requires that the grading activity must not substantially impair the use and enjoyment of the property in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The proposed use of the property for construction of a residence, retaining walls and lake access stair will not be changing as a result of the proposed grading activity, so there should be no change in the use and enjoyment of adjacent properties. Re: Item 10. This requirement discusses the need to mitigate undesirable views. The applicant has provided a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake. Re: Item 13. This standard requires that the grading be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The FILE# 13-3604 11 June 2013 Page 7 of 8 proposed grading on this lot will have minimal if any environmental impacts. The applicant has submitted a detailed landscape plan which provides desired screening of the improvements when viewed from the lake in a natural manner. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff Comments Staff finds that regarding the average lakeshore setback variance there may be practical difficulties which support the granting of a variance to encroach to some degree. The tennis court to the south, although not the basis for the average lakeshore setback, will impact the applicant's ability to view the lake when placed at the requested house location and more so if located at the conforming setback. By meeting the 10 foot side setback and scaling back the portions of the proposed home on the northwest corner the area which most impacts 2967 CPR has been minimized. The owners of 2967 CPR have signed the acknowledgment form provided by the applicant and it is enclosed with the other neighbor acknowledgements as Exhibit M. The CUP for the retaining wall and stair work within the O to 75 foot zone appears to be reasonable; the landscape plan offers a natural looking slope and the hardcover reductions are consistent with the City's goal to reduce hardcover near the lake. Staff does not find practical difficulty inherent to the property to support the requests to exceed hardcover or structural coverage limitations. The applicants should be required to reduce their plans accordingly. Issues for Consideration 1. Does the Planning Commission find the proposed walls, grading changes and landscaping within the 75-foot setback area offer a native/natural appearance? 2. Regarding the tennis court and fencing, does the Planning Commission find this to be a unique circumstance to justify granting the requested average lakeshore setback variance? 3. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 4. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 5. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 6. Are there any other issues or concerns with this application? Staff Recommendation FILE# 13-3604 11 June2013 Page 8 of 8 Planning Staff recommends approval of the CUP for the work within the O to 75 foot zone including the walls, stair and flagstone "landings". If the Planning Commission finds practical difficulties exist a recommendation for approval of the requested average lakeshore setback variance would be appropriate. Staff does not find practical difficulties to support the hardcover variance or the structural coverage variance and recommends denial of these variances. PC Exhibit A ' CITY OF ORONO VARIANCE APPLICATION Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application# / ~ -~ ~/ Date Received: LJ _:_ I ?~ 1 3 , -+ Staff: M ~ Fee: • $700 ---------Renewal: $350 ----'---------- A ft er -the-fact: $1,400 Double Fee Escrow Fee : $700 / $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application . Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION : Site Address: c}C/1S CoJ'LO Property Identification Number (PIN): Date Property Acquired (month/year): Zoning District: ;{-/ olj,f,v/3 □ Yes, I own the adjacent parcels. ----,.f->c,-~----- APPLICANT INF_ORMATION: (Complete legal names and marital status required for each interested party) Name: ~J"):: 1,,u: __ /-/£ D.5s,;f1L /2 Tc.S Phone (home): 9,5,-2 ~ s,tc;-.-5c3 c.; c..J Phone (work): Complete Address: / ;;;5 -3/51 220 re 1-v-n /4..z 6 /'""'"'/ City, State & ZIP tf2cc .,tJ ,h,2 ;,e,.,:z . M N 55 3 ~/ Email: ad,,c...{YVI h a fr ;Z ~c i Af C I CC/~ Fax : . OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: 17,// ,i: ,t!Jq,,t:.hy2 6:Joa,t/ c/4/I ;,. Phone(home): fi,/:J:-qq;-;q'73 Phone(work): ___ ---________ _ Complete Address: 7 3 10 ku r:vta /I City, State & ZIP c., h:t.n 1,/2 'iSt:/4 , /Yl A) ,£"S-3 I ?- Email: f2 ri ~f'o-v# r ta-1 m e17 Tt OWL-Fax: - DESCRIPTION OF REQUEST: Describe the request in detail (attach additional s~eets if necessary): . #v:< r;;y: ~ /4 -1£J/-./,?Y.e ):7e -1-6 ~ c k--~ A e9-,,---z1 .c-e?V/ c: Ve-":r'-<'2-n cE RECEIVED APR 17 201 3 CITY OF ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclosed Applicable Es: □ Escrow Agreement sioned g-□ Escrow received ~ □ Pre-Application Form ;& □ Application Form · .. w □ Practical Difficulties Documentation la-' □ Certified Property Owners List ·. ~ □ Survey (meeting ALL requirements) )3. □ Proposed Plans . :g: □ Hardcover Calculation( s) □ 'CV Septic System Site Evaluation Report · .. □ ~/ Wetland Delineation □ E / Wetland Buffer Evaluation . .•. □ .:&[ Buffer Improvement Plan □ □ .· APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and Appli~::::;~:::::Plan?It=it ~ Date: 4, n /3 ~~ {) Applicant's Signature: Date: f=-Owner's Signature: Date: Owner's Signature: Date: ------------ 4 RECEIVED APR 17 2013 CITY OF ORONO Practical Difficulties Documentation Form l. The Owner proposes a single family residence well behind the 75'-0" setback line from the lake and would conform to the overall lakeshore setback average of the homes located within 350' -0" of the property. The proposed house would be located 137'-0" from the lake which not only meets the 75.0 'setback, but exceeds it by 62'-0". In addition, the proposed home is narrower than the structure that exists today and will improve upon the neighbor's views as well as the views of the proposed home. 2. The adjacent property to the North is situated well behind the average home on this shoreline creating a unique practical difficulty on this application. (Refer to Aerial View Document) Drawing a line between the lakeshore property to the north and the one to the south cuts through the middle of the existing residence today and would greatly reduce the buildable lot area. (See conforming area shown in orange on proposed view document ) In addition, the property directly to the south is a non-lakeshore lot with a tennis court currently constructed with an 8 ' -0" high perimeter fence that obstructs the view of the existing residence (Refer to exhibit A-C on existing and proposed view document). Conforming to the average lakeshore setback would further impair the view to the south and create a tunnel vision effect which is a result of the neighboring structure. The applicant has designed a typical two story home in place of the existing tuck under design. Due to the elevation of the neighboring property to the north, the main level of the proposed home has therefore been lowered to avoid a steep driveway. If, however, the home were moved to the conforming location, the pitch of the driveway could exceed l 0%, causing undesirable runoff, difficulty for fire truck vehicles and general safety. Due to the steep driveway and blind corner that exists, the application proposes a driveway that is wide enough to support off-street parking and is positioned further from the street. This results in a safer situation for the neighborhood and applicant than the conforming lakeshore setback would result in. As a result of these conditions the hardcover proposed will exceed the 25% allowable by l .36%, but will be reduced by 361 sq. ft. from existing conditions. The majority of the reduction in hardcover occurs as a result of the proposed redevelopment of the lakeshore area in the O' -7 5 ' setback. With existing hardcover exceeding 500 sf . ft. the new proposed landscape reduces that number by more than 50% netting out at 213 sq . ft. The new landscape plan is a drastic improvement on the existing conditions and will fit the lakeshore character by utilizing native plants and natural boulder outcroppings to prevent erosion and accelerated runoff. 3. The application is consistent with the character of the neighborhood, and will not affect the views of the neighboring properties, but will improve upon them. (Refer to exhibit A-C on existing, proposed view document and Aerial View document) The increase in driveway width with improves upon the safety of the neighborhood and its' visitors. 4. Replacing an existing structure and having a driveway is allowed in the zoning code; therefore this variance is solely based on the average lakeshore setback conditions that are unduly imposed by the neighbor's home to the north. The unusual conditions are out of the control of the applicant. 5 . This variance is not due to solar or earth sheltered conditions. PC Exhibit B 6. Replacement structures are allowed in the zoning code. RECEIVED JUN 122013 CITY OF ORONO 7. n/a 8. This variance applies to the owner's land as a result of the adjacent property conditions and city road ways. This condition existed prior to the homeowner purchasing the property. The unusual conditions are out of the control of the applicant. 9. This condition is entirely governed by this zoning district and municipality. 1 0. This application must be approved in order for the owner to replace an existing structure and construct a driveway that will be beneficial to their family, neighborhood and property. 11. The granting of this variance will allow the owner to replace an existing structure and construct a driveway according to the zoning codes. 1 2. The granting of this variance is required in order to overcome the difficulties provided by the unusual circumstances of the impact of the setback rules and hardcover ordinance on such an unusual property condition. It is believed that the average lakeshore setback is provided for the sole purpose of maintaining resident views. The impact of the ordinance in this case is unavoidable, unusual and represents the exact reason for a variance. \ co I\) :0 b. _") ) ,,. 1 J I I I / / / / / / / I I I 0. ··-.... ___ ····· \ I\ \ I \ I \ rr-~-.i-·\ I I 1a.6 \ \ \ I I \~ \ ! \ t \ \ .,...._,__ _ _J \ \ \ \ \ f 'S---t \ \ \ I S~,.(&ltttt, \ \ \ I \ ,>-f./o G \ \ I \ ~&~ \ \ I I \ \ \ \ \ :u \ \ ~ \ 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 \ \ I \ \ I \ I \ \ \ I \ \ \ \ \ I I I I I I I \ I \ I I I \ I I I \ I I I \ \ \ I I \ \ 1:MJ04 \ i i g i ~ \ & \ ': i ~ i 0 i \ \ \ \ i CERTIFICATE OF SURVEY FOR BARBARA GOODWIN \, IN LOTS 89 AND 90, SPRING PARK, \! AND IN VACATED LAKE SHORE AVENUE ·A \\ HENNEPIN COUNTY, MINNESOTA . \ -~ LINE AS DESCRIBED IN DOC. NO. 1249299 ~-'I-_,\'_ '"'W"EST LINE OF CENTRAL AVENUE \ AS SHOWN ON R.L.S. NO. 461 \0 \~ IC> \0 \-o \Q ~\~ '½;-~ ·i , t~ '&.\~ ~.\<::) ~--\ 'fro\ "' ' \ \ '\ '\ '\, \ '" -:>>.:.,_,,_ 0 20 11111111111 1 I I 40 80 I SCALE IN FEET LEGAL DESCRIPTION OF PREMISES: (Per Certificate ofTrtle No. 1352861) Lot 89, Spring Pan<, and Lot 90, except that part lying Northeriy and Westerty of a line commencing at the shore line of Lake Minnetonka at a point 80 feet North of the most Southerty line of Lot 89 measured at right angles from said line; thence continuing in a Northeasteriy direction parallel with the South line of said Lot 89 to a point in the Westeriy line of the roadway which was known as Lake Shore Avenue, which roadway was vacated by Order of District Court of Hennepin County, Minnesota on December 9, 1931; hence continuing in a Northeasterty direction 147 leet to a point which is 75 leet North of the most Southeriy line of Lot 89, measured at right angles thereto; thence continuing in a Northeasteriy direction parallel with the Southerty line of said Lot 89 to the West line of the New Highway which has replaced the highway formerty known as Central Avenue . That part of Lake Shore Avenue (vacated) and the land of said plat lying Westeriy of said Lake Shore Avenue embraced between the extensions Southwesteriy of the Northwesteriy and Southeasteriy lines of the premises herelnbefore described, to the shore of Lake Minnetonka. All In Spring Pan<. ALSO (From Doc. No. 1249299, shown as a memorial on Cert. No. 1352861) That part of Central Avenue, according to the recorded plat of Spring Pan<, Lake Minnetonka, lying Northeriy of the Southeasterly line of Lot 89, said Spring Park, and i1s Northeasteriy extension, lying Southerly of a line drawn parallel with and 75 feet Northwesteriy, measured at right angles, from said Southeasterty line of Lot 89 and its Northeasteriy extension, and lying westerty of a line drawn parallel with and 30 feet Westeriy, measured at right angles, from the following described line: Commencing at the most Westerly comer of Lot 103, said Spring Park, Lake Minnetonka; thence on an assumed bearing of North 47 degrees 14 minutes 30 seconds East along the Northwesteriy line of said Lot 103 a distance ol 95.74 leotto the point of beginning of the line being described, said point being a point in a non-tangential curve concave to the West having a radius of 445 feet, a tangent of said curve through said point of beginning bearing North 15 degrees, 56 minutes, 30 seconds West; thence Southeasteriy along said curve through a central angle ol 6 degrees, 53 minutes, 30 seconds an arc distance ol 53.52 feet; thence South 9 degrees 03 minutes East tangent to said curve a distance of 200 feet; thence along a tangential curve to the left having a radius of 280 feet and central angle ol 327 degrees 40 minutes a distance of 184.07 feet, and there ending. This survey shows the boundaries, topography and significant tree location on the above described property, and the location of an existing house, deck screen house and other visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. • : Iron marl<er found ---: Existing contour line Bearings shown are based upon an assumed datum NOTE: Addttional property added from part of Casco Point Road out to the "New Highway" Is assumed to be that shown per Doc. No. 1249299 above . u ,:~• g_g_a e•" aj~ l,,;i . 15.~ "' t=i= il~I -"S~o ;~ii £i>."Cl(I) ~.a.,. "r= 8 ~0 {o.!j ~B~ w z ! 12 fll ; i ~ ~~ ~ ~ §~ > I 1i ii w H a: 00 ~ ~ ► .. ~~~ 0 .. ~ I ~ 3 ,! :i ~ PC Exhibit C z__ CASCO Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES • COPYRIGHT 20 I 3 'r ' \ \ 65-' PC Exhibit D , ------------; -------I 0 f I ~ -=-----.----, ~ &h h &1.1 L1 ...21~-P~~~I=~~- ' ············· 1 ----lij I \ \ \ - ~ en m ' m 0 1 m ~ --,- co I\J !=O ~ (') 0 2 -; 0 C: ;o r--2 m ;o ;; ~ "'O 0 m ") \ I \ \ I \ I \ I \ I / I \ \ I iS I I \ \ $4 I I\\\ \ J ~ ,I if, ,..-,---,_.J.-._\ \ I Xl$TJNG\ \ \ \ ~ I ' \ I I \ I I 1 OArrHous , \ I I \ \ / l \ \ \ I :I --...,__-J \ \ '19 I I \ \ \\ \ ~ I I \ \ \ \ I I \ \ \ \ '-._ ___ "-._ I :, I \ I \ I I I \ I I / \ \ \ \\ \ I \ \ \ \ \ I / \ ' i \I \ I \ \ \ \\ \ \ I \ 1 1 ~\ I \ I I I \ I I I \ \ \ I I I I I I I I \ I I I I / ( I I I PC ExhibitD f'(lDfD~D \ COURT \ \ \ I l''==W ~/ I I I I I 1:Ml04A CERTIFICATE OF SURVEY FOR BARBARA GOODWIN IN LOTS 89 AND 90, SPRING PARK, ANDINVACATEDLAKESHOREAVENUE HENNEPIN co+, MINNESOTA 40 80 I I SCALE IN FEET \ \ \ \ 1) GARAGE 2) MAIN FLOOR 3) LOWER LEVEL = 949.5 =950.5 = 942.3 I \ \ \ I \ I I \ I \ \ \ \ I I \ II \ \ \ \ \ I \ I \ \ I I I I I \ I LEGAL DESCRIPTION OF PR Lot 89, Spring Park, and ' DETAIL 1 "=1 O' , (Per Certificate of Trtle No. 1352861) Lot 90, except that part lying Nort erly and Westerly of a line commencing at the shore line of Lake Minnetonka at a point 80 feet North of the most Southerly line of Lot 89 measured at right angles from said line ; thence continuing in a Northeasterly direction parallel with the South lino of said Lot 89 to a point in the Westerly line of the roadway which was known as Lake Shore Avenue, which roadway was vacated by Order of District Court of Hennepin County, Minnesota on December 9, 1931; hence continuing In a Northeasterly direction 147 feet to a point which Is 75 feet North of the most Southerly fine of Lot 89, measured at right angles thereto; thence continuing in a Northeasterly direction parallel with the Southerly line of said Lot 89 to the West line of the New Highway which has replaced the highway forme rly known as Central Avenue. That part of Lake Shore Avenue (vacated) and the land of said plat tying Westerly of said Lake Shore Avenue embraced between the extensions Southwesterly of the Northwesterly and Southeasterly lines of the premises hereinbefore described, to the shore of Lake Minnetonka. All in Spring Park. ALSO (From Doc. No. 1249299, shown as a memorial on Cert. No. 1352861) That part of Central Avenue, according to the recorded plat of Spring Park, Lake Minnetonka, lying Northerly of the Southeasterly line of Lot 89, said Spring Park, and its Northeasterly extension, lying Southerly of a line drawn parallel with and 75 feet Northwesterly, measured at right angles, from said Southeasterly line of Lot 89 and its Northeasterly extension , and lying westerly of a line drawn parallel with and 30 feet Westerly, measured at right angles, from the fo llowing described line: Commencing at the most Westerly comer of Lot 103, said Spri ng Park, Lake Minnetonka ; thence on an assumed bearing of North 47 degrees 14 minutes 30 seconds East along the Northwesterly line of said Lot 103 a distance of 95.74 feet to the point of beginning of the line being described , said point being a point in a non-tangential curve concave to the West having a radius of 445 feet, a tangent of said curve through said point of beginning bearing North 15 degrees, 56 minutes, 30 seconds West; thence Southeasterly along said curve through a central angle of 6 degrees, 53 minutes , 30 seconds an arc distance of 53.52 feet ; thence South 9 degrees 03 minutes East tangent to said curve a distance of 200 feet ; thence along a tangential curve to the left having a radius of 280 feet and central angle of 327 degrees 40 minutes a distance of 184.07 feet, and thera ending . This survey shows the boundaries , topography and significant tree location on the above described property, and the proposed location of a proposed house, driveway, porch, terrace, patio and retaining walls. It does not purport to show any other improvements or encroachments . • : Iron marker found ......... : Existing contour line -ll!!I-: Proposed contour line .-, : Existing spot elevation Beari ngs shown are based upon an assumed datum NOTE : Additional property added from part of Casco Point Road out to the 'New Highway" Is assumed to be that shown per Doc. No. 1249299 above . H ""' J§.~ :sj~ -"' i!~.e ~:i1 H!-" j;!~ i~~i ~A-~i nUa f~U ~ni w z <!l ili ~ ~ ~ ; :li ii ~~~ I "'" Qi ~ f en"' ~ 1 > ~ ! ! w a: ~ 0 a :ni ~ ~"'. ~ I!!~ H C: ~ o• ~ PC Exhibit o-?; CASCO Po1Nr RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES COPYRIGHT 20 I J \ ' \ GRAPH IC SC ALE ~ {IN F'EfT } 1/c ""'"' • I ft \ \ N ,,,..r-(3) MUGO TANNENBAUM ( I 9) C HO KEBERRY \ \ ~ (I) DWARF MJ'GO ~ (3) ASH LEA F\PI REA '1 4X 4" CED R (3) MUGO TANNENBAUM (3 ) C RANB~~y~~ ( I 5) C HOKEBE RRY (5) ASH LEAF 5.('IRE A ~(l)DWARF MUGO , <(O~ \0'0- '& (1) M~ D\NNE_r:BAUM '0-0 \ ~vf> (7) ~EA GREEN J UNIPER. ' "-\Cr, \ "'Qi\~_) G ' QTY 3 14 17 5 KEY C LIENT NAM E: B ARBA RA GOODWIN ADDRDSS : 2975 CASCO POINT ROAD ORONO, MN 55391 DESIGNERS : RICH HARRISON COMMON NAME EM ILY NORLING -VAN HEUVELN DATE: 5/28/20 I 3 g [\ 2871 Humb~ldt Ave S. # 21 C( • Mlnneapohs, MN 55408 i ~ ~ <'\_ p 763.443.5802 § ~ '-V LANDSCAP E °'DESIGN ARCH I TECTS N o R LING·s la ke Minne!onka landscap es, Inc. P .O . B o x 361 Spr i n g Pa r k , MN 5 53 84 .0 3 6 1 (952) 471 -0255 FAX (952) 47 1-11 8 1 PLANT SCHEDULE SCIENTIFIC NAME SIZE ROOT CONDT COMMEITTS (SEE NOTES) CONIFEROUS TREES MUGO TANNENBAUl.4 Plnus mugo'Tonnenbaum "' 15 CONT [TI CONIFEROUS SHRUBS SEA GREEN JUNIPER Juniperus chinensis 'Seo Green' 15 CONT. [TI HUGHES JUNIPER ,Amlperus h~rizontofls 'Huohes' 15 CONT. [TI IAUGO DWARF Pinus mugo pum11i'o 15 CONT. [TI DECI DUOUS SHRUBS 34 BLACK a-tOKEBERRY Aronia m dOflocarpa d ata 12 CONT. [TI 28 DWARF BUSH Diervillo /onlcero #5 CONT. [TI HONEYSUCKLE 14 ASH LEAF' SPIREA Sorbor/o sorbifalia #2 CONT. l!J 8 COMPACT AMERICAN Viburnum tn1obum #5 CONT. [TI CRANBERRY BUSH 'CamDacta ' GRASSES 58 Co KARL FOERSITR Ca/omgorstlc actifloro ,, CONT. (TI@] 183 Cv FOX SEDGE Carex vulplnoldeo #1 CONT. ITJrn 93 s, UTil.E BLUESTEM Schlzachyrium scoparium ,, CONT. ITJ rn 52 Sa INDIAN GRASS Sorghastrom nutans ,, CONT. (TI@] PERENNIALS .. Am MOONSHINE YARROW Ach11/eo 'Moon$hine 4-1NCH CONT. 111127 68 Al BUTTERFLY ¥.£ED Asdepias tuberoso 4 INCH CONT. ITJ rn 29 Al SMOOTH BLUE ASTER Aster faevis 4 INCH CONT. ITJ rn 60 Ep PURPLE CONEFLOWER £chfnaceo purpurea 4 INCH CONT. ITJ rn 40 Lp PRAIRIE BLAZING STAR Llatr/s pJa1:utochyo 4 INCH CONT. ITJ rn 69 Mf BERGAMOT Monorda fis tufosa 4 INCH CONT. ITJ rn 81 Rg BLACK-EYED SUSAN Rudbeckfo goldstn,m 4 INCH CONT. ITJ rn 40 Nf CATMINT Nepeto fooHnii 'Walker's Low' 4 INCH CONT. ITJrn 35 Sm MAY NIGHT SALVIA Salvia nemoraso 'Mafnocht ' 4 INCH CONT. ITJ rn 51 P, OBEDIENT PLANT Physotegio virginiona 4 INCH CONT. m m 52 So AUTUM JOY SEDUM S«Jum x 'Jlutum Joy' + INCH CONT. ITJ rn N0TE5 : [D ~JULCH TO BE SHREDDED 'iARDWOOO BAR:<: Cl <1" DEPTH CT} Sj:)ACE 12M o.c. Q] SP ACE 18M a c THIS IS A SC HE MATIC DRAWING REFLE CTING PLANTING DESIGN AND CONSTRU CTION. VERIFY ALL DIMENSIONS/ MEASUREMEN TS BEFO RE PROJE CT COMM EN CEMENT . FURTHER DETA IL MAY BE NtCESSARY FOR CONSTRU CT IO N PURPOSES . PRELIMINA RY LAND SCAPE PL AN PC Exhibit E Po1Nr RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES COPYRIGHT 2013 PC Exhibit F ' en m m 0 m ~ ;= '· ;u 'o ~ 1l 91 ~ ~ '"V ~ ;::-. eo I I ~~~ \ I 1 / I I ' \ \ I I I \ \ \ \; \ ~a, I I I \.l.c_j \ I 1 1 ' \1 \ \ II \"'.:\.I I) \ I 1' ~ {,:,, \ \ [ r-1 I ~ °K \ I , 1 I \ ~ -. \ "'\ / ;t: ~ I 1 ' \ \, ~ ' ~ri , , I ~ ;-;: I • ' ' "'><, I ,-_v, I I I \ ~ ,... . \ ' [!Jin; fi kl:::, I 1 ' '-' / -u:::i I s:: I I , \ \ ~ \ ~ii I c, I ff I I I \ I \ ' \ g I ' I 9 I I I \ ' \ I \ I I I I I • \ \ ' I I f / I I '-• I I \ ' \ I ---------J ---•~ \ I ------- 1 \ \ , ", -- \ S~9 °38'30",W 14,7.□--efo..--6-644 1/<o / (0 t\J (0 .l>,. 0 0 z I , ....__.,,......_._ ,,._~-: ,, · CJ, c:::,0 / • ; I , ~I ! _..•··, T ~!!t---c=::==~:l:::=~~~-.. ~~=:z'."~ Cu !£._.,._,f/Jo •t~ ,, .~,) ,~ . rL<QCA""'~~.. 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I / \ i ~ STREET PERSPECTIVE PC Exhibit G [ CASCO Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 ONOHO .:10 A.LI~ £toz t:·o Nnr 03Al3~3H eSKUCHe ASSOCIATES COPYR IGHT 2013 LAKE PERSPECTIVE Gi~ CASCO Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES CO PYRIGHT 2013 I I I I ( . tJ Ll t l I I I I I I 'I ,, I I MAIN LEVEL PLAN APPROX. SCALE = 1 /8"= 1 '-0" F1N1SHED SQUARE FooTAGES, MAIN LEVEL 1,870 UPPER LEVEL 2, 11 0 LOWER LEVEL 1,560 SUBTOTAL 5,540 STORAGE 1,054 073 CASCO Po1Nr RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES COPY RIGHT 20 13 ----- UPPER LEVEL PLAN APPROX. SCALE = 1 /8"=1 '-0" Gttf CASCO Po1Nr RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES COPYRIGH T 2013 GS CASCO ~1 --- Po1Nr I RESIDENCE / VARIANCE APPLICATION L I SET -\ 3 JUNE 2013 CJ -I l PROP IDENCE ( I ~ LOWER LEVEL p LAN 8SKUCH8 ASSOCIATES APPROX. SCALE = l /8"= l '-0" COPY RIGHT 20 l 3 HIGEST POINT OF ROOF MIDPOINT OF ROOF HIGHEST WINDOW 10'-0" ABOVE LOWEST FLOm LOWEST FLOOR (942.3') BUILDING HEIGHT CALCULATION APPROX. SCALE = 1 /8"= 1 '-0" Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 eSKUCHe ASSOCIATES COPYR IGHT 2013 940 nF 11 ---- 930 0<-:;'cO G' .mi:_· . ----r1'Kf""lii1 1NNET bN K;t>; EXIST ING ?-~ EXISTING ,.GQQ.-g§GK-___1!-0~ 11 TIMBc!S. WA Normal Water Leu I 929 .3 c:, -~ --~ --0 0 10 20 SHORELINE SECTION EXISTING SHORELINE VIEW (EXHIBIT C) --- 6(1§:rJ!,1.G GRAQ ---!,,-- rr --- 1h- ::er BOULDER WI LL LL'.:J 30 40 50 ---- 60 70 PC Exhibit H ( CASCO Po1Nr RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 esKUCHe ASSOC I ATES COPYRIGHT 2013 PC Exhibit HZ,.- Po1NT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 2013 esKUCHe ASSOCIATES COPYRIGHT 20 I 3 City of Orono PC Exhibit I Hardcover Calculation Worksheet Property Address Prepared by 6Aov4f~C: ,t A.J'J'o r14 11if; 11L,r. Date 5-2 8-f'S, Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier 5 1. EXISTING HARDCOVER In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length X Width Total Survey (Square Feet) (Examole) (Garaoe) (24' X 30') (720S.F.) A tlovsE= 3105' S.F. B 'Dee.. It. bCfG S.F. C Sc.n.e.£..--,. ~t.11$e. (t,tt ir&o) lcoo S.F. [) D n..1-.te.wA\/ ,~~2. S.F. E WAL.I-I 4-b S.F. F ,, LO S.F. G If /7 S.F. H If ~ S.F. I H .?,~ S.F. J s,oop 63 S.F. K hJ A-t--1.:. ,~o S.F. L STe/JS :5q S.F. M ((Rn€ WA/,,t.,f ~2. S.F. N ~A. -n~ U<',t't.t5 ,, ~;,3 S.F. 0 WtJie;J) IJ€CK 216 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. (1) Total ExistinQ Hardcover 61:?.()b S.F. Excludable Hardcover: r.. +ht~u l WAU5 '7?fTf/(?(: CJ: 75 1 r-'PM llkr. IO 9 S.F. ' ' S.F. -S.F. S.F. S.F. (2) Total Excludable Hardcover /09 S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] ~897 S.F. (4) Total Lot Area Z-J'DO~ S.F. I ECEIVED Existing Hardcover Percentage [ (3) + (4)] Zfi,08 % JUN O 3 2013 CITY OF ORONO 2. Proposed Hardcover (Over-►) 2. 'J 7 S CAf,o /CIIA/7 £041-( b'Al(8 ,;r;e,tJ(A;',lt,)) S-2.8-13 2. PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) . ·< x2~::i:a□•i .... > ,, ·••, ', ,. ndo·s:'I=.) (Example) (Ga:raoeJ · .. ,,!: A I.,, -A -(,,::;, /.}~ £f:'/11pV~tJ) --S.F. ., ... ~ -~ .. B ....... -S.F. A,--i II . ~ C -.. .. , --// , --S.F. ,J' A -..:;" ,,_ I I -W"""l J \::" D ,:},(,' /;,l.fi'¢-1'>'1t -¥-1, ~ '"' -S.F. ~ ._, C.J-. E /,' /I -~~ S.F. F ·-· .I . ' ,1 -La-S.F. G -/ I/ ~ S.F. H / II -+---S.F. I / 1.I "· ~ S.F. j ~ II ' --8:r-S.F. K t,1,,l,t,,_ '6 If!: ,t, --H-0'-S.F. L <"'' ..... -. .,, -/ l'I -!rr-' S.F. M /1 /) --, , J,;.,' r l/ ~ S.F. N A A ~·-; .. // ~ S.F. , " , , , . 0 . " A -,..,,.. /I i'l. l@ S.F. ...,.., r:r "Ju- p IV F t,,t,/ N 11 u J'~ 2.9$2. S.F. Q J"' t)./U 1/G" /6"08 S.F. R 4/ /J t;I It r, 1../ 327 S.F. s ~, ,,tJ,,,,. -n o 21/5 S.F. T ✓/ TrAR11C€ 22.R S.F. u ·'· ~J 1Tt7t1P 35 S.F. v,w x', 't',. z /l' WA l,d s J2 '-I ::r L../ '} 2...6 If J" 2,2 c, S.F. W· IAA , ~ 9 S.F. 'I I 1,,,111.,1_ r .;--,,,. 1~./1,1,.,1;;, ,r, .. , .. * IAl:i' ti /I . /I /I /.i"J S.F. ¥-IC:(~ II /I d 1·1 9 S.F. ~ P,t) ;;-t..t1(if"N-Y€' 1,u,u..1< f-1'1'((-'f 30 1 ~e-r-111..€ p Ir /: L.AC J'rO..ve 2. I 2.., 3 S.F. i:"' t....,/Al/<' ,l:j',< f'!r.. L!'JAt::•--· ·• .J.,, dJt"JU'f i!J"l,('l/)~Ar ,.,,,, ( 1) Total Proposed Hardcover ✓ S8b I S.F. Exclud.abieHardcover: v-z /,1JAl,li" 2'25" S.F. s /:'/Irf" / 0 l'J ,r. /:", ~F' /lt:fV/oHJ" ,/?,1 '1' IQ /00 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 32.5 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1 )] >S3_b S.F. (4) Total Lot Area 2./ c?03 S.F. Proposed Hardcover Percentage [ (3) + (4)] 2. D, 36 % -- Melanie Curtis From: Sent: To: Cc: Subject: Good Afternoon Melanie, Adam Burrington [adamb@eskuche .com] Thursday , June 13 , 2013 2 :07 PM Melanie Curtis 'Barb Goodwin'; 'Rich Harrison'; 'George Norling Qwest'; 'Mark Gronberg' RE : Engineering comments regarding 2975 Casco Point Rd #13-3604 PC Exhibit J Per our conversation this afternoon it appears that all of the top and bottom of retaining wall info is located on the proposed survey and related 1"=10' detail. Please make the engineering depart aware of our conversation and if they could provide a little clarity (if needed) to the location of the missing info that would be great. In addition to the above, comments 2-12 below are simply comments from the engineering department and there is no further action required on our part. To clarify the fire pit area and path to the lake ... This will be constructed of random flagstone steppers and grass or gravel. In either case, both would allow natural absorption of stormwater into the earth and will not be considered as impervious. Please note that if the gravel option is selected a landscape fabric will be utilized, but will not change the pervious nature of the path. If you have any questions or need any additional info please let me know. Thanks, eSKUCHe ,l t_, t_, V (I A ff 'i, • Adam Burrington, Senior Project Manager 18318 Minnetonka Boulevard Deephaven, MN 55391 0: 952.544.3844 M: 612 .799.8005 www. eskuche. com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Thursday, June 13, 2013 1:01 PM To: 'Adam Burrington' Cc: 'Barb Goodwin'; 'Rich Harrison'; 'George Norling Qwest'; Mark Gronberg Subject: Engineering comments regarding 2975 Casco Point Rd #13-3604 Adam I have received comments from our engineer and consulting landscape architect on the plans for 2975 Casco Point Rd. In addition to the changes discussed yesterday, you should submit a revised survey which addresses comments 1 though 6. Comments 7 through 12 are advisory only. The City does not have a specific code requirement for landscape plans o n 1 residential properties. However the comments will be provided to the Planning Comn11ssion and Council as well and t hey may have a preference as part of the CUP review . I have consolidated and pasted their comments below: 1. The survey should call out the top of wall (TW) and bottom of wall (BW) of all the proposed retaining walls. 2. The survey should call out proposed and existing retaining walls. 3. The proposed grading is making the slope down to the lake slightly flatter, but the grading will extend almost all the way to the 75 ' setback line. 4. The proposed walls appear to not be as tall as the existing walls . This should allow the applicant to screen these walls better with the proposed planting s. 5. The steps are not being replaced in-kind. The existing steps go straight up the hill while the proposed steps meander and has a fire ring as the tran sition point. 6. The proposed plan calls for a significant fire pit (12' dia approx) as the transition part of the steps. This is located partly down the slope and is not an in-kind replacement. The landscape plan uses a nice selection of native plants that very diversified. When fully established the shoreline will provide interest in every season through flowers and foliage. A few comments relating to plant placement and possib le species selection are: 7. The use of Karl Foerster Grass along the shoreline (south of the dock) will look nice, but does not prov ide the surface stability that might be needed in this area. Karl Foerster will remain in clumps, might consider another grass that will provide more surface protection. 8. Mugo Tannerbaum is a great low maintenance evergreen. At full sun it should reach a spread of 6' over about 25 years due to its slow growth. As drawn on the landscape plan there will be large areas of bare mulch around these plants producing a visual removal them from the rest of the naturalized landscape. 9 . Sea Green Juniper will reach a height of 4-6' and spread 6-8'. This species will require annual trimming to keep within the constraints given on the landscape plan. Might consider a different species if low maintenance is intended . 10. cat mint has the tendency to spread , could find itself migrating into adjacent areas. 11. Bergamot tends to self seed and spread. 12. Black-eyed susan will reach 3' high next to the walk and will over power the adjacent plant massings Please contact me if you have any questions. Melan ie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952 .249.4620 Email: mcurtis@c i.orono .mn .us Website: www.c i.orono .mn .us City of Orono Office Hours -SUMMER HOURS Monday -Thursday 7:30 am -5 pm Friday 7 :30 am -11:30 pm 2 I ~ L "' -------- EXISTING HOUSE ' I I I I I I I I I I I ~-=----:::-::-7 --........... /- '/, .,,/ EX/ITT'ING / -RAISED PAT / ---✓ /// ,,,,,,,,✓✓ • ti-~ _,-' ~"--✓---✓--- ~~- //// WOdoeoRoER ------------------ RfPRAp + ll") co SEE DETAIL PC Exhibit K ----............. " \ \ \ --------- .,;,,--::..-- / - --- I \ I ,I / _'II'.,.,, ,,. ___ ---;:;;,/ -----,,,, ~ ,,,, ' / ,,,, f /' ,,,,,,,.,,,,, .: /" ,,,_,,,,,., ·:' ✓ ,,,, ,,,, ,,,," a--- ----- ---93r-_ I ?u.Vmi\te.:t fa" f;e>Jie~ ;ri,\en ~ ~l<l \bldc,war l~::•,.':1 ~a.) l-\OJdwJ(t)r -lnt~ f'&l~iori ~ \ t} uru ~ai(., and ( a\ ove(han1 o.b!J/t. 4-_.,•, lz'fi J f,,ct',\"in l\utcl-\ l\llQ r/ff!A~e/f)'M, ~e.s,oeo::e. W'.1KH~~ VOOtfiiAf1DI-J~ -'.v \ ~ ' lol \ '\ l t ~ \ 'ler:;:;:-1 ' ----CJ' " ;.:, ~ \ . ~ t-~,:, . 0' ' ~ LAKE ~i MINNETONKA ~ 0 • X 000.0 (000 .0) - Denotes iron monument Denotes fou nd monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage \ \ 'C>Af''\I tt\/'"\vt DEMARS-GABRIEL LAND SURVEYORS, INC. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Su,vsundec the Laws of the State al M;nnesata )0(:. G. David E. Crook Mol/~ l-loHo't, -to uppu Vea-otJtJr ford\ DESCRIPTION: TRACT B, R.L.S. NO. 1470 1C5 ·'/.'60 (e<i~tir·vf) .. 1'20 1 ~ciin,"'4 ua\l . ~orruv ◄~ v>rivt>-tD wl~ ~atn l""t Pfue • OVE P. ~At-let IJ~<J OOla/,(J fl'1'ue U4) l-{t;C,(J~ 4144-.t;f ( ~-!>f) (\(pO ~f') (~W c;r) (120 Sf) :tl'tO ~ t't'l.0 Sf 3144 s-r · ·1.6.1.1o SITE ADDRESS: PC Exhibit L EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Total Hardcover Lot Area 660 Sq.Ft. ~ AA<\e 5984 Sq.Ft . % of Hardcover 11.0 % 75-250 feet House 1350 Sq.Ft. Garage 505 Sq .Ft. Drive, Patio, Wa lk and Walls 2289 Sq.Ft. Total Hardcover 4144 Sq .Ft . Lot Area 12467 Sq.Ft. % of Hardcover = 33.2% 250-500 feet Dri ve, Walls 1600 Sq .Ft . Total Hardcover 1600 Sq.Ft;. Wo (,\t'\'€ Lot Area 2485 Sq.Ft. % of Hardcover = 64.4 % 2967 CASCO POINT ROAD REVISED CONTOURS MARCH 14, 2005 File No. 12761 B Book--Page 426/31 Scale CERTIFICATE Or SURVEY rOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Pox :(763) 559-0479 oate:Februory21,2005 M' RN 22414 1"=30' L. ___________ ...1.,....;.__,;;;_...;.__.:.:;;;;;:;;::;;._;_;;,~--___;,;;.:;'n:.:.:.n:.:.. . .:.:.e~g:.:.. . .:.:.o:.:.·-=:::::;::::::;::=:; __ __J_ __ _ ---'---------------------------------------1 To: The Orono Planning Commission & The City Council Date: April 2013 RE: Proposed Replacement Home at 2975 Casco Point Road, Orono, MN pc Exhibit M We have spoken with Barb and Nell Goodwin about their proposal to replace the home currently at 2975 Casco Point Road with a new home. They have shown us renderings of a home, gone through details of the plans, made themselves available to answer questions and have shared their desire to live on Casco Point Road. We have no objections with the proposed structure, and believe it will be additive to our neighborhood as a whole. 1ff~ (~ ~ u,p>I\ af~\~'1 (blti\/1.i\ ~il 't1 1 'tol~, Signature(s) and Address Print Name To: The Orono Planning Commission & The City Council Date: April 2013 RE: Proposed Replacement Home at 2975 Casco Point Road, Orono, MN We have spoken with Barb and Neil Goodwin about their proposal to replace the home currently at 2975 Casco Point Road with a new home. They have shown us renderings of a home, gone through details of the plans, made themselves available to answer questions and have shared their desire to live on Casco Point Road. We have no objections with the proposed structure, and believe it will be additive to our neighborhood as a whole. Sincerely, GJ;. f¼~ Signature(s) and Address Ge 7' VY\, ov-t+t<rv Print Name To: The Orono Planning Commission & The City Council Date: April 2013 RE: Proposed Replacement Home at 2975 Casco Point Road, Orono, MN We have spoken with Barb and Neil Goodwin about their proposal to replace the home currently at 2975 Casco Point Road with a new home. They have shown us renderings of a home, gone through details of the plans, made themselves available to answer questions and have shared their desire to live on Casco Point Road. We have no objections with the proposed structure, and believe it will be additive to our neighborhood as a whole. ~ -+-·/ J --;B~i"''j c.c.w~ 1 p Wc,.,(M...., rAiV\a.~ e.. i ss tA.c..S a...c.lfos.5 -rue. r o(A.d, · Signature(s) and Address J evry A , ;II( a.ti i vis o V1 ~rLnson Print Name To: The Orono Planning Commission & The City Council Date: April 2013 RE: Proposed Replacement Home at 2975 Casco Point Road, Orono, MN We have spoken with Barb and Neil Goodwin about their proposal to replace the home currently at 2975 Casco Point Road with a new home. They have shown us renderings of a home, gone through details of the plans, made themselves available to answer questions and have shared their desire to live on Casco Point Road. We have no objections with the proposed structure, and believe it will be additive to our neighborhood as a whole. Sincerely, Jo1 rf A,, y tJ., -!k~ ~ . Print Name 4 June 2013 Eskuche Associates Attn: Adam Burrington 18318 Minnetonka Blvd Deephaven, MN 55391 SUBJECT: Zoning Application #13-3604 PC Exhibit N CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us On April 17, 2013 you submitted an application for variances for the property at 2975 Casco Point Road; based on this date the current deadline for City action on your application would be June 16, 2013. Due to changes in your proposed plan, the application has not yet appeared before the Planning Commission for their initial review and will not receive final approval by the Council prior to the expiration date. Therefore this letter is your notification that the City is extending the time period for City action on application 13-3604 under Minn. Stat.§ 15.99, subd. 3(f) an additional 60 days. The time period for action on this application is hereby extended until August 15, 2013. Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. Sincerely, CITY OF ORONO Melanie Curtis Planning & Zoning Coordinator c: Barbara Goodwin via email Peter Eskuche via email RUN DATE: 4/15/2013 HENNEPIN COJTNTY PROPERTY INFORMATION SYSTEM (PROPERTY OW~RS LIST) 38 20-117-23 31 0035 SC &LMHANSON 2940 CASCO POINT RD SCOTT C & LYNETTE fy1 HANSON 2940 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD NEIL GOODWIN/BARBARA GOODWIN 7310 KURVERS PT RD CHANHASSENMN 55317 38 20-117-23 31 0049 FREDRICK J HEY ET AL 2927 CASCO POINT RD FREDRICK J HEY ET AL 2927 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0061 J R MILLER & A R MILLER 2980 CASCO POINT RD JONATHAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0065 CITY OF ORONO 38 ADDRESS UNASSIGNED THE CITY OF ORONO POBOX66 CRYSTAL BAY MN 55323 38 20-117-23 34 0023 CASCO POINT LLC 2987 CASCO POINT RD CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0027 CASCO POINT LLC 38 ADDRESS UNASSIGNED CASCO POINT LLC 2987 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0047 C O MIDTHUN & KA MIDTHUN 2941 CASCO POINT RD CURTIS & KATHLEEN MIDTHUN 2941 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0050 DONALD A DRIGGS 2925 CASCO POINT RD DONALD A DRIGGS 2925 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0063 CA SWENSON & BB SWENSON TR 2965 CASCO POINT RD CLIFFORD A SWENSON BARBARA B SWENSON 615 BAYSHORE DR UNIT 106 FORT LAUDERDALE FL 33304 38 20-117-23 34 0002 S SCOTT & IS STANDA 3025 CASCO POINT RD STEVEN & IRENE STANDA 3025 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0024 CASCO POINT LLC 3005 CASCO POINT RD CASCO POINT LLC 2987 CASCO POINT RD WAYZATAMN 55391 38 20-117-23420006 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKEMTKA I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE Rlj:~RDS OF THE H~YER SERVICES DEPARTMENT. DATE: LI ( \5 / \~ BY: lV\.v-... (A_ . 38 20-117-23 31 0038 EDWARD PEKARIK JR 2990 CASCO POINT RD ED PEKARIK JR 2990 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD NANCY G BROWN 2933 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0060 J A MARTINSON ET AL TRUSTEES 2970 CASCO POINT RD JERRY & BONNIE MARTINSON 2970 CASCO POINT RD S WAYZATA MN 55391 38 20-117-23 31 0064 T & D ROZEBOOM 2967 CASCO POINT RD THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATAMN 55391 38 20-117-23 34 0003 D P SEIDEL & H N SEIDEL 3015 CASCO POINT RD DANIEL & HELENA SEIDEL 3015 CASCO PT RD WAYZATAMN 55391 38 20-117-23 34 0025 E LINDGREN JR & B LINDGREN 3020 CASCO POINT RD E LINDGREN JR & B LINDGREN 3020 CASCO POINT RD ORONO MN 55391 PC ExhibitO RECEIVED APR 1 7 2013 CITY OF ORONO U Hennepin County Mailing Label Map n Provided By: Taxpayer Services Department 20-117-23-3 \ \ 20-1\' 7-2.3-3 4 For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis.info@co .hennepin .mn.us Map Comments: 2975 CASCO POINT RD ORONO, MN 55391 PID# 20-117-23-31-0045 Print Date: 4/15/2013 Map Scale: 1" = 190' Buffer Size: 350 feet M.ap Legend : Wa~e.­ Park Pai-ee l D Buffer Retion Selec1ed Par cels PC Exhibit P 20-117-23-42 -Major Roads Minor Roads ,, '_,(k_ --·~r - I f ..,,..,..,-.: "'­ ,"':H .,~ l ■•[Nl~~-. ~-ENNEPIIN ,, .. , ' . ,,., ECEIVED 36 APR 1 7 2013 CITY OF ORONO 4/1 5/2013 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4620 TO: Neil & Barbara Goodwin 7310 Kurvers Pt Chanhassen, MN 55317 TYPE OF REQUEST: Variance & CUP DATE OF MEETING: 17 June 2013 COPIES via email: ZONING FILE: 13-3604 DATE OF NOTICE: 18 June 2013 Barbara Goodwin Peter Eskuche Adam Burrington Sven Gustafson Council Exhibit H The Orono Planning Commission voted on a motion to recommend approval of the CUP for the work in the 0-75' zone and the average setback variance as proposed . The approvals were conditioned upon conforming hardcover and structural coverage levels . The applicant was encouraged to work with staff on the grading plan . VOTE: 5 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, July 8 This is a City Council meeting. The meeting begins at 7 PM In order to remain on the July 8th Council agenda revised grading plan (addressing the storm water drainage) must be submitted by or before June 27 th at noon. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono .mn .us or 952.249.4627 . ROLL CALL MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. Council Exhibit I The Orono Planning Commission met on the above-mentioned date with the follo members present: · Denise Leskinen, Commissioners John Thiesse, Kevin Lanclgraver, L choenzeit and Jean Krogne Representing Staff were Assistant City AdministratorrifL -eJID Strategic Planning Michael Ga , Planning Coordinator Melanie Curtis, and R . er Jackie f oung. City Council Member Cynthia mer was present. p.ip.,tfollowed ~Ythe PJedgeof,AHegia11ce. CONSENT AGENDA Schoenzeit moved, Landgr ove,the (:onsent~genda as submitted. VOTE: Ayes 5, Nays 0. ,:'•'. <';,, *1. AL OF PLANNING COMMlSSIOJS'l\'.(EE MINUtijs oF MA v 20, 2013 Schoen t moved, Landgraver seconded, to l1'.ppto;e ~lte riiilltt(~s of the no Planning ission meeting of May 20, 2013, assublllitted. ¥0l1!:: :A.yesS, Nays 0. 2. #13-3604 ESKUCHE AS$t;,<JIATES ONJ3~II.U;;FOF NEIL AND BARBARA GOODWIN, 2975 CASCO POINT:liOAD, V ~<JESAN,D CONDITIONAL USE PERMIT, 6:33 P.M. -7:10 P.M. Neil and BarbaraGoodwin, Applicants;J>ett>rEskuche, and Sven Gustafson, Builder, were present. ,"< Curtis s~dthe applic1;1nts are proposing t9 CO~$tfUct a new residence on the property and are requesting an av~!!-1~~:lakeshore setba9kva:riance to do so.•The existing encroachment of the home & deck is 25 feet intotj'i~;~1terage lakeshore setbayKand 7.5 feet from the north side lot line. The applicants are also requesting conditional use perm.itapproval to conduct land alterations within 75 feet of the lake for redesigned stairs, landings and refaii.lmg walls. The application also currently reflects a hardcover vari1;111,cetopermit 26.36% hardcov~fWhere 25% is allowed and a structural coverage variance to allow 16.7%strucfure where 15% is allowed: The average lakeshore setb~,:k,'lirle is determined by the homes on the two neighboring lakeshore lots. The property immediat~lyto !~~south of the applicant's property consists only of a large tennis court with a tall perimeterfe11cetT'1e perimeter fence and a wall are situated on and over the applicant's property line. The tennis court property line stops 27 feet short of reaching the lake and is not a lakeshore lot. The adjacent lakeshore lot to the south for determination of the setback is 2987 Casco Point Road. This property owner also owns the adjacent tennis court lot. There is a boathouse on the 2987 Casco Point Road property approximately 10 feet from the OHWL and directly lakeward of the tennis court. The applicant's current plan reflects a variance to allow 26.36% hardcover where 25% is normally allowed for a Tier 1 property. The plan also reflects a variance to allow 16.7% structural coverage where up to 15% is permitted. Staff believes the structural coverage variance reflected in the applicant's Page 1 of 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. submittal was unintended. If the applicant is able to revise the plan to result in a conforming structural coverage level the reductions may also result in a conforming hardcover level for the property. Within the 75 foot setback area the applicant is attempting to reduce hardcover by eliminating some retaining walls and a large lakeside deck. The applicant is proposi11g to con~1:rnct a meandering stair with a circular flat landing at the midpoint. The average lakeshore setback provision is intended to pr<>:tect existit1g lake vie\\'s enjoyed by adjoining property owners. Based on the adjacent home locatiolls;the prnpo~ed home.wnt~ncroachJ4 feet into the setback on the north and 19 feet on the south. The applicant's .pla~(appears to ifuprove th~:y-iews of the lake over the 2967 Casco Point Road property; and due•lo the separation between thetw9 homes and the location of the tennis court, the adjacent neighbor to the soµth'S views of the lake are t1ot impacted by the proposed encroachment of applicants' home. · · ·· There are 2 unique elements affecting the applicant's site plan: The southeril neighbor's tennis court and the elevated patio at 2967 Casco Point Road. "Y;hilen.ote used for the averageJ~eshore setback, the tall fencing surrounding the tennis court obstructs tJ:re:viewsoftheJ,:1,ke from the applicant's existing and the proposed home. The applicants' plans have be¢ttdesigrted sotliatth~ lake views from the 2967 Casco Point Road (North) property are improved. Based on srirvefinforjn}i~~nthe patio at 2967 Casco Point Road is elevated approximately 3 .1 feet above grade. Thts patio do¢sitof have a guard rail, however if it were built today it would be required t~ have a36" gqard rail. T~efaclusion of a 36" guard rail to this patio would cause the average lakeshotesetback lin~iobe meaSured from the patio as illustrated in Exhibit K. . . The applicant is proposing to r~woy~;~ old tall timber wall system, deteriorating staircase and wooden deck right at the lake. If they chose tijey:9:ould rebuild all of the walls and deck in-kind-the excessive 0- 75' hardcover would coµnt againsttheJome rebuild. However, they intend to re-grade the lake yard resulting in aim.ore graduahtBpe requiting r~lyminimal retaining walls; replace the straight-shot wooden staircasewitJ:[ a stone staircase tliclt meanders~>Tb~Jakeside deck will be removed and in its place the applicarlr1s•ptoposing aflagsfotifpl:l;th to a flat'grassed area. The flat area is there today under the woo<letfcleck. The applicanthas.prpposed a landscape plan which incorporates native plant materials for cln~turallooking lakeshore thafrwill Serve to screen most of the hardcover improvements. Comments on the ;p~an from the City's consultinglandscape architect are included with the staff report. '-;,:\:,::,', '::;'.-:-:::_:!:;.,::,,, ,·.; ' Conditionally pern:iitted uses must;t>e reviewed using the criteria found in City Code Section 78-916. The criteria were listed and. analyzed wtlie staff report. With regard to this application, items 2, 6, 7, 9, 1 O and 13 are gerieralJyapplicable,. The Planning Commission may choose to review the criteria in detail. Staff finds that there m~y be unique practical difficulties which support the granting of a variance to encroach to some degree into the average lakeshore setback. The tennis court to the south, although not the basis for the average lake shore setback, will impact the applicant's ability to view the lake when placed at the requested house location and more so if located at the conforming setback. The owners of 2967 Casco Point Road have signed the acknowledgment form provided by the applicant and it is enclosed with the other neighbor acknowledgements in the report. Further, the CUP for the retaining wall and stair work within the Oto 75 foot zone appears to be reasonable; the landscape plan offers a natural looking slope and the hardcover reductions are consistent Page 2 of 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. with the City's goal to reduce hardcover near the lake. However, Staff does not find practical difficulty inherent to the property to support the requests to exceed hardcover or structural coverage limitations. The applicants should be required to reduce their plans accordingly. Planning Staff recommends approval of the CUP for the work withinthe Oto 75 foot zone including the walls, stair and flagstone "landings". If the Planning Commission.fmds:~ra.c;tical difficulties exist, a recommendation for approval of the requested average l~~~hore setbac~ya.riance would be appropriate. Staff does not find practical difficulties to support thehar4:y0ver v¥ian:c~~rthestructural coverage variance and recommends denial of these variances. ·· · · ';'::::;;;,:;:, ::. '>"'•" •.·' Leskinen asked if the applicant has submitted any proposed'~ar~cover removals: Curtis indicated she has not received anything. Barbara Goodwin, Applicant, thanked Melanie Cmtis for all her help oifthisiapplication. Goodwin indicated they would like to construct their drean1 house arid they were attfacted to this site given its location on the lake. The existing house has anumberof:issues, which is why they would like to construct a new residence that would fit in \Y!!h the rest of the neighborhood. The current garage is a tuck-under garage and being proposed is co4s,truction ofanewgaragetobe on the same level as the house so they can enter the house from the gaj;gge an&irrtprove the dralllage. One of the other improvements is to improve the safety ofthedrivewa,y~y changing the grade of the driveway. The driveway currently curves towards the property andgoes down the'hill, which limits the sightlines out on to the road. Moving the home back~faras possiblewou.I<llielpjmprove the sight lines. The existing house also has mech~icaland serious watefissues. The property's lake views are compromised by the large tennis co1.11't(~.11c:e that adjoins the property. Goodwin stated when they purchased the prop.t,rty~ they expectedt<i'be able to construct a house in line with the other houses on the road. Thel)lajorityoth?111es,pn the pointarefocated along the red line shown on the overhead. Goodwin indicated they met with tlie.n~ighbor to the north.and have attempted to create a plan that works for the neighbors as well as minimize thfview of the tennis court. Cdrfi~ q.isplayed a picture on the overhead showing the tennis court. Goo<l'.Yin indifated they created a plan that would butt that side of the home out further and then steps back, wh:iph would make the hollle further away from the lake. The proposed house will be six feet further away froni tije neighbofs llouse. The other issue witlf!}le pr<>p~i;ty is the lake front, which is in disarray and consists of a number of railroad ties. Goodwin stated:they would like to remove all the railroad ties, the wooden deck. stabilize the lake front, and plant nafrve vegetation in that area. When the first plan was submitted, it was determined by Staff to be over the City's hardcover and structural coverage limits. The latest plan has reduced the hardcover and structural coverages down to acceptable limits. Those plans have just been completed late this afternoon and have not yet been submitted to Staff. The goal is to create a home that resembles a classic Lake Minnetonka home and fits the neighborhood. Goodwin noted they are now only requesting the setback variance in order to minimize the view of the tennis court. Landgraver asked where the reduction in hardcover came from. Page 3 of 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. Peter Eskuche stated they took the square footage out of the floor plan and reduced the footprint of the house. The plans are now below the hardcover percentage and below the structural coverage limit. Landgraver asked if it would be correct to assume that the new plan does not move it further away from the lake. Eskuche indicated that is correct. Schoenzeit asked if the house meets the City's heighfrestdction. Schoertzeifcomniented itappears the roof is a 16:12 pitch. Eskuche stated it does meet the City's height restriction. Curtis indicated Staff has not completed a full height analysis of the building permit. Schoenzeit asked if they are requesting a heigbt:Y;~i\'l,t:t~. Curtis indicated they are not. Willb~ completed before the issuance Eskuche stated the roof does meet the pty;'s height restpction arid,'thatthe pitch of the roof is not regulated. Eskuche indicated he does1lot know the e:l(act pitch orffl.e roof. Goodwin indicated the chimney has; been removed from the pJans. Le skin en asked if all the other se~bi(~ksare met except for the average lakeshore setback. Eskuche state9 ~ii~<> meet all the ath~:~~fbacks and that they are just requesting an average lakeshore setback. Esku'Chestated they llf1,ve attentpt~d not to impact the views of the neighbor to the north. ·;,. ;' ·,:<:;., ·' .. :~ ;:,;; .. ·.: ' ,; Lan<.lgrayernoted one oftlrele~rs from the neighbors identified a concern about drainage. By removing the exjstifig driveway and changing the slope, Land graver asked how the drainage would be impacted by fl1;9~e chr111ges. --.,·,: / >':;· .. ·. ,.·.:;,;,". Esklichestatedc:qrrently there isas~wer pipe in the yard that collects water from the street. The road is pitched so that allofthe drainage from the curb on this side of the street goes to the other side of the street. Eskucltej~~i~ated, theyare1imited in what they can do to change that. Goodwin indicated they have discussed constructing a French drain and draining it towards the lake. The trench drain would capfure some of the water, pull it away from the street, and divert it towards the lake. Land graver asked if the tennis court fence has to remain a chain link fence. Curtis indicated the owner could put vegetative screening up next to the fence if they chose to. Landgraver noted the owner could also tear the fence down and put a hedge there since it is not a protected view. Page 4 of 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June17,2013 6:30 o'clock p.m. Neil Goodwin indicated they have spoken to the neighbor across the street and that they are attempting to take some of the drainage from the house and redirect it towards the lake rather than the street. Landgraver noted the driveway goes down to 940' and the back it is at 950' but that he is not trained enough in engineering to know how that would drain. Thiesse commented the water will somehow have to be diverted fromtheFrench drain at the 940' contour down to the 938' contour at the lake, which will be veiyjnterestingtosee~ ~>i;/•.' Eskuche noted the lake is approximately nine feet lower:{ :·<·:.:":·.f. __ ,'.,i.:,·:.-__ :__ ,.:•,:·.:-::;:'../:,·;:; Gaffron stated the surface runoff would have to be taken<ndfil the driveway at a 939 to 9,4Qf~ntour and then outletted within 40 to 50 feet of the lake, which is nofsometh~ngthe City has allowed in the past. The City typically has not allowed surface runoff to be piped and outlettedin the 0-75 foot zone since there is veiy little chance for it to be filtered before it reaches the lake 7 Thiesse asked if the City would allow the waterto.~di,yf}rted;tQ the storm drain~ Gaffron stated that is one possible option. Eskuche noted there is a city sewer on the pro~~ thai'}Vould ~~"~sief to access and they would be willing to do that. · Gaffron asked if the inlet outlets.totheeast side ofth¢Jakc. Neil Goodwin indicated it doesgo,tptheeast. Gaffron stated.it woutijt~qµire the .ipp~~yafofthe City Engineer. ; .. :, ;.) ', :,,··'. ):\ ); : :;//.· " . ' • ?",;·'. ;· :;,,:. . ,:.\;; ' Curtis s~~the focrts 6f'fli¢it;jty Engineer in hi~review at this stage of the application was the 0-75 foot zone l:Ul~J;hat he will have toJ'flk~ .a closer look atit before the application goes to the City Council. Schoenzeit asked what distance tijepipe could be from the lake. Gaffronindica~d.76 feet from thei1a~e. Krogness asked where the new driveway would be located. Eskuche pointed outthelocation of the driveway on the overhead. Chair Leskinen opened the public meeting at 7:00 p.m. There were no public comments regarding this application. Chair Leskinen closed the public meeting at 7:00 p.m. Thiesse asked if the neighbors are happy with the plan as depicted. Page 5 of 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. Rozeboom, 2967 Casco Point Road, indicated he is and that his only question was runoff. Rozeboom stated they expected the runoff to go into the storm sewer and asked if that is where it is headed or if there is some sort of underground piece that is there before it goes into the lake. Gaffron indicated he is not sure what is out there currently and t~atthey will need to ask the City Engineer to review the system, but that he would expect there tobe,i¢atch,pasin. Curtis noted it would need to meet the requirements of the City En~inea-before)t is approved by the Gty. . - ' . .:-,. ;' ... . '·> Rozeboom commented it is a very nice design and t~;fth~p:rop~~ed;esidence isSmal!;~.,a~{vhat currently exists and less imposing even with it being located clps~t tq the lake. The afchiwcture and aesthetics are very compatible with the neighborhood. Rozebooij;~tated if the drainage issue is engineered to a point that everyone is comfortable that no addition~lwaterisgoing across their street, he would not have any issues with the application. · Bonnie Martinson, 2970 Casco Point Road, stat¢dithe drainage system goes across their property line and to the neighbors to the south. After an inch offainyesforija.y, th.~surrent system could not handle it and it was going across their property to get to the.lake~ At thepresentp:tnethe water comes from the hill and across the street from a culvert. Martinson indicated she is not quitesureho\\l'that dfafu~e systemis going to work once the house is elevated. Martinson stated that is aqy.estion they hav(;\a.nd fu!l.tthere also is a lot of debris coming through the drain system into the Jake/Martinson indicaij'f{sh~:js not sure how often the City cleans that drain out. Thiesse indicatedJieyisited the proijertythisaftemoon and stood at the back corner of the house to the south and lookecl atthe.lal(e view. Th~Jal<e'V'\ew did not start until the 34" maple tree, which is going to remain. Thiesse s .. in. his view he doesnotbelieve that even from the back corner of the house the neighbofs View wifl e:iriipacted . .The interit ofthe code is to protect the lake views, and by moving the house f~fuard, it should notnegatively impact the views of the neighbors. ·:···,"'." ··.••; ·, . ,, I.Ja.r1dgravt!r stated he does not have any reason to vote against the application since it is very similar to wfiite:idm'~,Jl.QW. Landgraver notedthe1drainage issue is not something the Planning Commission would be abletod,~~lWith tonight. . Schoenzeit cc,~ented)t is th1Jsu.uto call out hardcover and structural coverage numbers at a meeting and that the applicants shoµld ~ubinit a survey to confirm that. Curtis indicated they have<sµbmitted it tonight. Leskinen noted the applicants are also requesting a conditional use permit as well as a variance to the average lakeshore setback. The code is in place to preserve the views of the adjoining neighbors, and if those are not impacted, Leskinen indicated she would not have an objection to the average lakeshore setback variance. Krogness agreed with Chair Leskinen. Page 6 of 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. Leskinen asked if the Planning Commission should discuss the individual line items of the conditional use permit criteria as noted in the Staff report. Curtis suggested that if the Commissioners have a question or concern regarding any of the specific criteria then discussion would be appropriate and stated that Staffs;report~ill be part of the official conditional use permit review record. · Krogness stated it would be an improvement. Leskinen commented the area does need some work arid~~t r~wovaf of the rqi~Qa.d ties w,otil9 help improve the appearance. · · · · ·· · Landgraver moved, Krogness seconded, to recommenij•>app;oval ofApplication Jr;~3604, Eskuche Associates on behalf of Neil and Barbara Goodwin, 2975 CascoJ>oint Rpad, granting of a conditional use permit for the work within the 0-75 foot zone, am.lthf!gr"nting of an average lakeshore setback variance as proposed, subjecftoth¢project complyi11~1"'ith the City's 25 percent hardcover regulation and 15 percent structu,ij.l cov.er~g~lb:nit, and subje~fto the applicant and the City Engineer resolving the drainage issuesin this arei~+!YO'lE: Ayes 5, Nays 0. ;,,,:·', .'. #13-3610 CITY OF ORONO, A~~ CI'.(y/corn:Sli:C'I'ION LOTS OF RE'J'U'.l.'-LI 78- 7:10 P.M. -7:18 P.M. . . . . . . . . '., ·. ·,.< ted in March of 2012, tll:e Gity Council addptrg ~rdi~itnce 92, Third ries, which in part amended Zo · g Code Section 78-72,to bring it into COIIJ,Wli~ncewith Mi ota Statutes regarding nonconforming ts of Recordintheshoreland. ·· ··· · ·. · Gaffron stated in ()ctobe 2012, the City<Council adopted Or · ance 95, Third Series, which removed the 80 percentlotwitlth.,l,nd . rea standard for existing n onforming record lots in zones of one-acre or less. . · ~,j~ldty of~jlcl(pro ies arem 1th.e Shor d overlay District and subject to state statues regardfu ·w:of RecordsatidDNR S elaridstand s, which override the local zoning for nonconfonrifog record lots. Iritheeniming months of administ~ringt ordinan Staff has concluded that a minor wording change is iiecessary to ensure clarity. Sectiej? . 2 has three su adings. Subhead (a) is simply the definition of "record}ot:'' :$ubpead (b) is the tj • qver "nonconforming s ofrecord" section that originally applied city-widepriortothe2012 ame · ents. Subhead (c) establish he new standards adopted in 2012 that apply only to no11c;otlfoflilin ots pf record in the Shoreland Over la Gaffron stated with tp . rdinante as currently worded, someone could inco tly conclude that both subhead (b) and su ead (C) apply to shore land properties. This potentially crea confusion because the standards under ch subhead are not identical with regard to the new hardcover reg tions adopted in 2012. Subhe (b) suggests that with regard to hardcover, any nonconforming record lo ust merely meet the c e requirements of the underlying zoning district, which includes the variable ha cover limits establi a by the tier system; i.e., ranging from 25 percent to 35 percent for individual residen · l lots. Ho ver, a nonconforming record lot in the Shoreland that is subject to subhead ( c) is limited to 25 cent hardcover regardless of its tier status. Page 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS-DENISE LESKINEN, REPRESENTATIVE inen stated she had nothing to report but would be available for questions. None Council Exhibit C *4. 85 CASCO POINT ROAD, seconded, to adopt RESOLUTION NO. 6 unicipal CQ(le Section 78-350(.B), for the.property loca Ayes 5, Nays o., 5. #13..,3604 <ESKOCHE ASSOCIATES ON BEHALF OF NEIL AND BARBARA GOODWIN, 2975 CASCOP()INT ROAD, VAJUANCES -PUBLIC HEARING Curtisstated the applicants are propqsing to construct a new residence on the property and are requesting an aveqi.gellll<.eshore setback variance to construct the house as proposed. Also being requested is a conditionaluse,p~rmit to conduct Ian~ alterations within 7 5 feet of the lake for redesigned stairs, landings and smaller te'l:aini11g walls. At the time of the Planning Commission meeting, the applicants plan exceeded both hardcover and structural coverage limitations. Since that time the applicants have revised their plan so that both hardcover and structural coverage levels are met. Page 2 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o'clock p.m. The average lakeshore setback line is determined by the location of the homes on the two neighboring lakeshore lots. The property immediately to the south of the applicants' property consists solely of a tennis court and a tall perimeter fence or wall which is situated on, or over the applicants' property line. The same owner also owns the tennis court lot. The applicants are requesting an average lake shore setbackvariance.tgell.:C(Q.:lch. up to 21 feet into the > ·.··>::, ·---::·· >;._.: .. _· :·· .. :..,:. setback with portions of the new home. Even with t~~encroachiri~nt'the app1icatitstpr9posedplan . ... . ... ,. ' . appears to improve the views of the lake for the neighborJothe.north at 2967 Casco Polfit Road. Due to the separation between the two homes and the location of:J}lltenhls court, the views of the lake from 2987 Casco Point Road to the south do not appear to be adversely impacted by the proposed encroachment. At the June 17 Planning Commission meeting;there were a nunibefof neighbors who spoke about the application and specifically discussed storniwater issu~son CascfrPointRoad. The applicants' property exists on a little point on Casco PointRnad. Curtis stated apprqinrrately two weeks ago she and the City Engineer and Staff visited the site, a.lbttg with a repre$entat~¥eofthe applicant, and the City Engineer provided some direction regarding grading and drainage, Hts comments are included in the City Council's packet. Curtis notk<l•thatthe PlanningCon1missiollvotec:l5to Oto recommend approval of the variances as requested contingent upon City EngiI1eer approval of the grading plan and that all storm water and dt:~inage issues are resolved prior to the issuance of a building permit. The Planning Commission further reciotnmerided that vegetative screenfug and architectural features be incorporated on the north side of the garage tohreak up the massing ~.ffects. Staff recommends approvalofi:he conditional use permit and the average lakeshore setback variance consistent with the Pla11ri11:i:g,Commission's recommendations. Tonight the Council should open the public hearing and take comments from the applicant and the public and then direct Staff to draft a resolution reflecting the Council's decision. Bremer noted she attended the Planning Commission meeting and that the Planning Commission made some good recommendations for the project. Page 3 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o'clock p.m. Printup asked if any additional public comment has been received since the Planning Commission meeting. Curtis indicated she has not received any. McMillan asked what the status of the grading plan isr6f1he .0::•75 foot okay with the plan. Curtis stated Staff is generally okay with the submitted plan Staff wiltbe rex~ewing the grading plan further at the time the building permit is issued. McMillan noted she did visit the site today andthat she has a que~ti~:11 regarding the trees in the area. McMillan asked if all the young trees would b~temoyed as part pftn¢ grading plan. McMillan indicated she has an additional concern with the :flagstone and 'w'Mther that would be considered extra hardcover. Curtis stated the color rendering ism1sleading and thatthegrade area will be a pervious surface. The flagstone will be randomly placed in a ctrc\llar pattern and will be considered hardcover. McMillanasked ifthe :tl~gstone will be placed ont()p of gravel. CJµrtis .fudicated that has not been :fully determined at this point. McMillan.noted the neighbor totlienorth had a fire pit with grass around it and that she could not tell if the applicants' fire pitV\':llS g9i:q.gto be located further into the slope. McMillan indicated she has a concern with how mucJrgrading was going to occur in the 0-75 foot area. McMillan stated generally the City allows people to replace what exists and that she is not sure how often the City has allowed flagstone fire pits. Levang asked whether there is going to be any hardcover in the 0-75 foot zone. Curtis indicated there will be stairs, some retaining walls, and the pavers in the 0-7 5 foot area. Page 4 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o'clock p.m. Barbara Goodwin, Applicant, stated currently the lakeshore consists of timber retaining walls and a wooden deck that is deteriorating. Goodwin indicated they would like to remove the existing retaining walls and they have hired Norling Landscape to design a plan that grades the lakeshore approximately 20 feet back from where the retaining walls begin with a gradual slope down to the lake. The deck and retaining walls will be removed but it will require stairs d,9wn to the lake, which will consist of meandering flagstone steps and pathway. As it relatest~{tlie fire pit,.itwillbe loc.ated approximately one- ... fourth of the way down the slope in a currently flat are~ .. {,:Qpdwjnindicated it will not be o:n.~pfthose big paver fire pits but will consist of just a few flagston~~ iii¾l'.eir6i.J1ar pattern. The current flat areas will consist of grass. Levang asked what will be done with the gazebo. Goodwin indicated that will be removed and,the hardcove:rhas beeriredllc:ed from 28 percent to 24 percent. McMillan asked if they will be utili~g;the existing soil. Goodwin indicated they will utilizethe~xisting soil to create a more gradual slope. Goodwin noted the larger tree by the bo1:1.thousewill be IeftbutJhel;,uckthorn, smaller trees, and underbrush will be removed. Native,gr,asses, shrubs andoth~ttrees willthenbe planted in that area. McJ\1illan stated she had a concern tliat there was going to be clear cutting on the lot. Goodwin stated!Jl~y want to retailithe retaining walls, make the area more natural, and improve the drainage. Printup commented he was happy to see the applicant reduce the hardcover consistent with the Planning Commission's recommendations. McMillan stated the City prefers to keep the natural look as much as possible. Page 5 of 20 MINUTES OF IBE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o'clock p.m. Bremer commented the plan is a huge improvement over what is currently there and that it takes into account the neighbors' concerns with the drainage. Mayor McMillan opened the public hearing at 7:15 p.m. There were no public comments regarding this applicatie>n. Mayor McMillan closed the public hearing at 7:15 p.m. Anderson moved, Printup seconded, to approve Applica'tion #13--3()04,, Eskuche Associates on behalf of Neil and Barbara Goodwin, 2975 Ca~~o Point .Road, and dire~tStaff to draft an approval resolution granting an average lakeshore setl>ackvari11nce ai,.cl a conditional use permit. VOTE: Ayes 5, Nays 0 #13-3610 CITY OF ORONQ,AMEND SECTION 713~72, LOTS OF RECORD - CE AND SUMMARYORDINANCE proposed ordinance is intended to amend the City's sect" tSe.ction 78-72(8) applies just to non-shore properties. Gaffron noted Section;']S-1:Z(C) ipplies J to.s:lJ.?reland properties. The or · ance amendment clarifies the term R District,.whfoh was presumedto ean all residential di 1cts, and also clarifies the difference between the McMillannoted as .it relates to Page ds the lot area and lot width of each lot should meet at least 50 percent of the ' kt standard. McMillan ted at one time it used to be 80 percent and asked whether that has bee changed recently to 5 0 percent of tH e 80 percent standard was removed a number of years a and that this is talking about rural r 1dential districts or districts that are greater than one acre. Gaffron ted typically the two 1ve acre lots are not shore land, but if they are, as long as the person meets set requirements, and hardcover standards, they would be allowed to build on an existing lot of record. Page 6 of 20 Melanie Curtis From: Melanie Curtis Sent: Wednesday , July 03 , 2013 7:35 AM 'Adam Burrington' To: Cc: 'Mark' Subject: FW: 20130702 2975 Casco Pt Rd Adam Jesse was able to review the revised survey yesterday; below are his comments. Obviously some are observations and of course the ones which need addressing do not need to be addressed before the City Council meeting, but before building permit. I will be out for the rest of the week beginning this afternoon. I will try to email the staff report to you but I don't know if it will be ready for me to do so before I leave today. If it's not ready today, you can download the staff report at our website by clicking he re on Friday and selecting the July 8th meeting agenda linked to attachments. You can then click on the link next to your item on the agenda . Otherwise a paper copy will be sent in the mail. Sorry for rambling ... Have a nice weekend. Melanie Melanie Curtis 1i 952.249.4627 ~ mcurtis@ ci.orono .mn .us From: Jesse Struve Sent: Tuesday, July 02, 2013 4:36 PM To: Melanie Curtis Subject: 20130702 2975 Casco Pt Rd Melanie, I reviewed the survey for the proposed house at 2975 Casco Pt. Rd and have the following comments: • The steps are not being replaced in-kind. The existing steps go straight up the hill while the proposed steps meander and has a fire ring as the transition point . • While the fire ring area is not a solid stone ring but is a mixture of stones and grass, significant grading is required with-in the 0-75' zone to install it . • The applicant is requesting to significantly change the existing layout of retaining walls and to flatten out the slope to the lake. By doing this and by replacing the house, the applicant will be regarding almost the entire lot, but it will less retaining walls . Also the proposed retaining walls will be significantly lower which will be easier to screen . • The survey shows a berm to prevent water from flowing back to the house (6" higher than the road). This may be sufficient since one the water become higher than the road, it will flow to the northeast to the lake, it would be my recommendation this berm be signed off by a registered professional engineer prior to approval. • The applicant is showing some filling in the right of way (ROW) to create the berm. The filling will reduce the amount of water which can be stored in this low area. The applicant should provide the same volume of storm water retention as what exists today. They should adjust the design of the berm and landscaping to make sure the proposed volume of water is at least equal to the existing volume of water. • The survey also shows retaining walls in the City ROW. Any proposed walls should not extend into the City's ROW and any existing walls will need an encroachment agreement. This is just a preliminary review and final determination will be done when a building permit is applied for. Jesse Struve, PE Director of Public Works/ City Engineer 1 Jesse Struve From: Jesse Struve Sent: Tuesday, July 02, 2013 4 :36 PM Melanie Curtis To: Subject: 20130702 2975 Casco Pt Rd Melanie, I reviewed the survey for the proposed house at 2975 Casco Pt. Rd and have the following comments: • The steps are not being replaced in-kind . The existing steps go straight up the hill while the proposed steps meander and has a fire ring as the transition point . • While the fire ring area is not a solid stone ring but is a mixture of stones and grass, significant grading is required with-in the 0-75' zone to install it. • The applicant is requesting to significantly change the existing layout of retaining walls and to flatten out the slope to the lake. By doing this and by replacing the house, the applicant will be regarding almost the entire lot, but it will less retaining walls . Also the proposed retaining walls will be significantly lower which will be easier to screen . • The survey shows a berm to prevent water from flowing back to the house (6" higher than the road). This may be sufficient since one the water become higher than the road, it will flow to the northeast to the lake, it would be my recommendation this berm be signed off by a registered professional engineer prior to approval. • The applicant is showing some filling in the right of way (ROW) to create the berm. The filling will reduce the amount of water which can be stored in this low area . The applicant should provide the same volume of storm water retention as what exists today . They should adjust the design of the berm and landscaping to make sure the proposed volume of water is at least equal to the existing volume of water. • The survey also shows retaining walls in the City ROW. Any proposed walls should not extend into the City's ROW and any existing walls will need an encroachment agreement. This is just a preliminary review and final determination will be done when a building permit is applied for . Jesse Struve, PE Director of Public Works/ City Engineer City of Orono (952) 249-4661 -Direct (952) 249-4616 -Fax www .ci.orono.mn .us 1 Jesse Struve From: Jesse Struve Sent: Tuesday, June 11 , 2013 3:10 PM Melanie Curtis To: Cc: Christine Mattson Subject: 20130611 preliminary review of 2975 Casco Pt Rd Melanie, I did a preliminary review for the proposed house at 2975 Casco Pt Rd and have the following comments: • The survey should call out the top of wall {TW) and bottom of wall {BW) of all the proposed retaining walls. • The survey should call out proposed and existing retaining walls . • The proposed grading is making the slope down to the lake slightly flatter, but the grading will extend almost all the way to the 75' setback line. • The proposed walls appear to not be as tall as the existing walls. This should allow the applicant to screen these walls better with the proposed plantings. • The steps are not being replaced in-kind . The existing steps go straight up the hill while the proposed steps meander and has a fire ring as the transition point. • The proposed plan calls for a significant fire pit (12' dia approx) as the transition part of the steps. This is located partly down the slope and is not an in-kind replacement. Jesse Struve, PE Director of Public Works/ City Engineer City of Orono {952) 249-4661 -Direct {952) 249-4616 -Fax www.ci.orono .mn .us 1 MINUTES OF THE ORONO CITY COUNCIL MEETIN G M onday, July 8, 2013 7:00 o'clock p.rn. 5. #13-3604 ESKUCHE ASSOCIATES ON BEHALF OF NEIL AND BARBARA GOODWIN, 2975 CASCO POIN ROAD , VARIANCES-PUBLIC HEARING Curtis stated the applicants are proposing to construct a new residence on the property and are requesting an average lakeshore setback variance to construct the house as proposed. Also being requested is a conditional use pennit to conduct land alterations within 75 feet of the lake for redesigned stairs, landings and smaller retaining walls . At the time of the Planning Commission meeting, the applicants plan exceeded both hardcover and structural coverage limitations. Since that time the applicants have revised their plan so that both hardcover and structural coverage levels are met. The average lakeshore setback line is determined by the location of the homes on the two neighboring lakeshore lots. The property immediately to the south of the applicants' property consists solely of a tennis court and a tall perimeter fence or wall which is situated on or over the applicants ' property line. The same owner also owns the tennis court lot. The applicants are requesting an average lakeshore setback variance to encroach up to 21 feetinto the setback with portions of the new home. Even with the encroachment, the applicants' proposed plan appears to improve the views of the lake for the neighbor to the north at 2967 Casco Point Road. Due to the separation between the two homes and the location of the tennis court, the views of the lake from 2987 Casco Point Road to the south do not appear to be adversely impacted by the proposed encroachment. At the June 17 Planning Commission meeting , there were a number of neighbors who spoke about the application and specifically discussed storm water issues on-Casco Point Road. The applicants' property exists on a little point on Casco Point Road. Curtis stated approximately two weeks ago she and the City Engineer and Staff visited the site, along with a representative of the applicant, and the City Engineer provided some direction regarding grading and drainage. His comments are included in the City Council's packet. Curtis noted that the Planning Commission voted 5 to Oto recommend approval of the variances as requested contingent upon City Engineer approval of the grading plan and that all stonn water and drainage issues are resolved prior to the issuance of a building permit. The Planning Commission further recommended that vegetative screening and architectural features be incorporated on the north side of the garage to break up the massing effects. Staff recommends approval of the conditional use permit and the average lakeshore setback variance consistent with the Planning Commission's recommendations. Tonight the Council should open the public hearing and take comments from the applicant and the public and then direct Staff to draft a resolution reflecting the Council 's decision. Bremer noted she attended the Planning Commission meeting and that the Planning Commission made some good recommendations for the project. Printup asked if any additional public comment has been received since the Planning Commission meeting. Page 2 of 13 . .,.. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o'clock p.m. (5. #13-3604 ESKU-CHE ASSOCIATES ON BEHALF OF NEIL AND BARBARA GOODWIN, !2 975 CASCO POINT ROAD , VARl54NCES-PUBLIC HEARING, Continued) Curtis indicated she has not received any . McMillan asked what the status of the grading plan is for the 0-75 foot area and whether Staff is okay with the plan . Curtis stated Staff is generally okay with the submitted plan Staff will be reviewing the grading plan further at the time the building permit is issued. McMillan noted she did visit the site today and that she has a question regarding the trees in the area . McMillan asked if all the young trees would be removed as part of the grading plan. McMillan indicated she has an additional concern with the flagstone and whether that would be considered extra hardcover. Curtis stated the color rendering is misleading and that the grade area will be a pervious surface. The flagstone will be randomly placed in a circular pattern an~ will be considered hardcover. McMillan asked if the flagstone will be placed on top of gravel. Curtis indicated that has not been fully determined at this point. McMillan noted the neighbor to the north had a fire pit with grass around it and that she could not tell if the applicants ' fire pit was going to be located further into the slope. McMillan indicated she has a concern with how much grading was going to occur in the 0-75 foot area. McMillan stated generally the City allows people to replace what exists and that she is not sure how often the City has allowed flagstone fire pits. Levang asked whether there is going to be any hardcover in the 0-7 5 foot zone. Curtis indicated there will be stairs , some retaining walls, and the pavers in the 0-75 foot area. Barbara Goodwin, Applicant , stated currently the lakeshore consists of timber retaining walls and a wooden deck that is deteriorating . Goodwin indicated they would like to remove the existing retaining walls and they have hired Norling Landscape to design a plan that grades the lakeshore approximately 20 feet back from where the retaining walls begin with a gradual slope down to the lake . The deck and retaining walls will be removed but it will require stairs down to the lake, which will consist of meandering flagstone steps and pathway. As it relates to the fire pit, it will be located approximately one­ fourth of the way down the slope in a currently flat area. Goodwin indicated it will not be one of those big paver fire pits but will consist of just a few flagstones in a circular pattern. The current flat areas will consist of grass. Levang asked what will be done with the gazebo . Goodwin indicated that will be removed and the hardcover has been reduced from 28 percent to 24 percent. McMillan asked if they will be utilizing the existing soil. Page 3 o f 13 MINUTES OF THE ORONO CITY COUNCil, MEETING Monday, July 8, 2013 7:00 o'clock p.m. (5. #13-3604 ESKUCHE ASSOCIATES ON BEII"ALF OF NEIL "A ND BARBARA GOODWIN, 2975 CASCO POINT ROAD, VARIANCES -UBLIC HEARING, Continued) Goodwin indicated they will utilize the existing soil to create a more gradual slope. Goodwin noted the larger tree by the boathouse will be left but the buckthom , smaller trees, and underbrush will be removed. Native grasses , shrubs and other trees will then be planted in that area . McMillan stated she had a concern that there was going to be clear cutting on the lot. Goodwin stated they want to retain the retaining walls , make the area more natural , and improve the drainage. Printup commented he was happy to see the applicant reduce the hardcover consistent with the Planning Commission 's recommendations . McMillan stated the City prefers to keep the natural look as much as possible. Bremer commented the plan is a huge improvement over what is currently there and that it takes into account the neighbors ' concerns with the drainage . Mayor McMillan opened the public hearing at 7 : 15 p .m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 7: 15 p.m . Anderson moved, Printup seconded, to approve Application #13-3604, Eskuche Associates on behalf of Neil and Barbara Goodwin, 2975 Casco Point Road, and direct Staff to draft an approval resolution granting an average lakeshore setback variance and a conditional use permit. VOTE: Ayes 5, Nays 0 6. 3-3610 CITY OF ORONO, AMEND SECTION 78-72, LOTS OF RECO ORDINAN Gaffron stated the prop · · nded to amend the · nonconforming lots of record and to clarify that Se · · erties . Gaffron noted Section 78 -72(C) applies just to sh ,_,_,_,.-.. -. endment clarifies the term R District, which was presumed to me clarifies the difference between the R District, the LR District, and the McMillan noted as it relates to Page 2 ction 3 , it reads the lot area lot width of each lot should meet at least 50 percent of the dis · t standard. McMillan noted at one ti · used to be 80 percent and asked whether that has been nged recently to 50 percent of the district standa Page 4 of 13 Affidavit of Publication State of Minnesota, County of Hennen pin . 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 , a nd has full knowledge of the facts which are stated below: A .)The newspaper has complied with all the requ i re­ 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_~~""'------=-'------'-_(~/,,_,,_/4.....,',4....,=,L-j_ ~ Uf¥J}ALiW~ which is attached was cut from the columns of said ne wspaper, and was printed and published once each week for ---~--successive weeks : It was first published S th e ~ay of ____ c.._.:;___..,,__=-_,20.Ll__, and was thereafter nted and published every Saturday, to and includi g Saturday, the ~ay of -{--=,k~~s...._ __ 20R__; Authorized Agent By: Rate Information (1) Lowest classified rate paid by commerc ial users for com ­ parable space: $15.5 0 per inch . (2) Maximum rate allowed by law for above matter: $15 .5 0. (3) Rate actually charged for above matter : $7.80 per inch . Each additional successive week: $5.4 0. RECEIVED C: Q) ~ "' ~ Q) .c: Q) .c "' C: 0 f'? Q) a. ~ JUN 25 2013 CITY OF ORONO- 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 PIO­ NEER , Long Lake, Minnesota, and has full knowl­ edge 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 331A.02, 33IA.07, and other applicable laws, as amended . B .) The printed do~ t,'~ which is attached was cut from the columns of said newspaper, and was f rinted and published once each week for _____ successive weeks: It was first published Saturday, the &day of -=;.~"'-!:C.."-----==---201.,;L_, and was thereaft rinted and published every Saturday, to and including Saturday , the ,;2Jl--da~ of r 20.lL,; .,,..-,,v_"'6.,. /~;_: -~.,, y· !,-•'-t,.#,/" __,,,../" . ,_,.;.:::.--t Authorized Agent Subscribed and s ;;:L '-f day of____,_<i.r""~-=--=-.- NORMA Fl. CARSTENSEN NOTARY PUBLIC-MINNESOTA My Camm . E>1p. J.Cln. 31, 2014 " 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. --0 O" 'P ::,­ a,· D) a. RECEIVED JUN 2 5 2013 CITY OF ORONO Melanie Curtis From: Sent: To: Cc: Subject: Attachments: Barb See the attached. Melanie Curtis Tuesday , June 18 , 2013 9:39 AM 'Barb Goodwin' 'Gustafson , Sven'; 'Adam Burrington'; 'Mark Gronberg'; 'Peter Eskuche'; Christine Mattson PC Action Notice for 2975 Casco Point Rd #13-3604 NOTICE OF PLANNING COMMISSION ACTION.pdf Please contact me if you have any questions. Note: I will be out of the office on vacation June 27 & 28 so if you are dropping plans off for me either of those days you should connect directly with Christine or Jesse Struve, our engineer. Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtis@ci.orono .mn .us Website: ww w .ci .orono .mn .us City of Orono Office Hours -SUMMER HOURS Monday -Thursday 7:30 am -5 pm Friday 7:30 am -11:30 pm 1 CITY OF ORONO 2750 Kelley Parkway PO Box66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: 13-3604 Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: 18 June 2013 TO: Neil & Barbara Goodwin 7310 Kurvers Pt Chanhassen, MN 55317 TYPE OF REQUEST: Variance & CUP DATE OF MEETING: 17 June 2013 COPIES via email: Barbara Goodwin Peter Eskuche Adam Burrington Sven Gustafson The Orono Planning Commission voted on a motion to recommend approval of the CUP for the work in the 0-75' zone and the average setback variance as proposed. The approvals were conditioned upon conforming hardcover and structural coverage levels. The applicant was encouraged to work with staff on the grading plan. VOTE: 5 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, July 8 This is a City Council meeting. The meeting begins at 7 PM In order to remain on the July gth Council agenda revised grading plan (addressing the storm water drainage) must be submitted by or before June 27t h at noon . If you desire certified copies ofthe official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. o Planning Commission met on the above-mentioned date with the following me rs present: Chair Dem Leskinen, Commissioners John Thiesse, Kevin Landgraver, Loren Schoe 1t and Jean Krogness . Re enting Staff were Assistant City Administrator of Long-Term S egic Planning Michael Gaffron, ning Coordinator Melanie Curtis, and Recorder Jackie ng . City Council Member Cynthia Brem :vvas present. CONSENT AGENDA Schoenzeit moved, Landgraver seconde onsent Agenda as submitted. VOTE: Ayes 5, Nays 0. *1. Schoenzeit move andgraver seconded, to approve the minutes of Orono Planning eeting of May 20, 2013, as submitted. VOTE: Ayes 5, Na 2. #13-3604 ESKUCHE ASSOCIATES ON BEHALF OF NEIL AND BARBARA GOODWIN, 2975 CASCO POINT ROAD, VARIANCES AND CONDITIONAL USE J>ERMIT, 6:33 P.M. -7:10 P.M. Neil and Barbara Goodwin, Applicants; Peter Eskuche, and Sven Gustafson, Builder, were present. Curtis stated the applicants are proposing to construct a new residence on the property and are requesting an average lakeshore setback variance to do so. The existing encroachment of the home & deck is 25 feet into the average lakeshore setback and 7.5 feet from the nmth side lot line. The applicants are also requesting conditional use permit approval to conduct land alterations within 75 feet of the lake for redesigned stairs, landings and retaining walls. The application also currently reflects a hardcover variance to permit 26 .36% hardcover where 25% is allowed and a structural coverage variance to allow 16.7% structure where 15% is allowed. The average lakeshore setback line is determined by the homes on the two neighboring lakeshore lots .. The property immediately to the south of the applicant's property consists only of a large tennis court with a tall perimeter fence. The perimeter fence and a wall are situated on and over the applicant's property line. The tennis court property line stops 27 feet short ofreaching the lake and is not a lakeshore lot. The adjacent lakeshore lot to the south for determination of the setback is 2987 Casco · Point Road. This property owner also owns the adjacent tennis court lot. There is a boathouse on the 2987 Casco Point Road property approximately 10 feet from the OHWL and directly lakeward of the tennis court. The applicant's current plan reflects a variance to allow 26.36% hardcover where 25% is normally allowed for a Tier 1 property. The plan also reflects a variance to allow 16 .7% structural coverage where up to 15% is permitted. Staff believes the structural coverage variance reflected in the applicant's Page 1 of 9 .. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday , June 17, 2013 6:30 o'clock p.m. submittal was unintended . If the applicant is able to revise the plan to result in a conforming structural coverage level the reductions may also result in a conforming hardcover level for the property. Within the 75 foot setback area the applicant is attempting to reduce hardcover by eliminating some retaining walls and a large lakeside deck. The applicant is proposing to construct a meandering stair with a circular flat landing at the midpoint. The average lakeshore setback provision is intended to protect existing lake views enjoyed by adjoining property owners. Based on the adjacent home locations, the proposed home will encroach 14 feet into the setback on the north and 19 feet on the south . The applicant's plan appears to improve the views of the lake over the 2967 Casco Point Road property ; and due to the separation between the two homes and the location of the tennis court, the adjacent neighbor to the south 's views of the lake are not impacted by the proposed encroachment of applicants' home. There are 2 unique elements affecting the applicant's site plan: The southern neighbor's tennis court and the elevated patio at 2967 Casco Point Road. While note used for the average lakeshore setback, the tall fencing surrounding the tennis court obstructs the views of the lake from the applicant 's existing and the proposed home . The applicants' plans have been designed so that the lake views from the 2967 Casco Point Road (North) property are improved . Based on survey information the patio at 2967 Casco Point Road is elevated approximately 3. l feet above grade. This patio does not have a guard rail, however if it were built today it would be required to have a 36" guard rail. The inclusion of a 36" guard rail to this patio would cause the average lakeshore setback line to be measured from the patio as illustrated in ExhibitK. The applicant is proposing to remove an old tall timber wall system , deteriorating staircase and wooden deck right at the lake . If they chose they could rebuild all of the walls and deck in-kind -the excessive 0- 7 5' hardcover would count against the home rebuild. However, they intend to re-grade the lake yard resulting in a more gradual slope requiring only minimal retaining walls; replace the straight-shot wooden staircase with a stone staircase that meanders . The lakeside deck will be removed and in its place the applicant is proposing a flagstone path to a flat grassed area. The flat area is there today under the wooden deck. The applicant has proposed a landscape plan which incorporates native plant materials for a natural looking lakeshore that will serve to screen most of the hardcover improvements. Comments on the plan from the City's consulting landscape architect are included with the staff report . Conditionally permitted uses must be reviewed using the criteria found in City Code Section 78 -916. The criteria were listed and ana lyzed in the staff report. With regard to this application, items 2, 6, 7, 9, l 0 and 13 are generally applicable . The Planning Commission may choose to review the criteria in detail. Staff finds that there may be unique practical difficulties which support the granting of a variance to encroach to some degree into the average lakeshore setback. The tennis court to the south, although not the basis for the average lakeshore setback , will impact the applicant 's ability to view the lake when placed at the requested house location and more so if located at the conforming setback. The owners of 2967 Casco Point Road have signed the acknowledgment form provided by the applicant and it is enclosed with the other neighbor acknowledgements in the report. Further, the CUP for the retaining wall and stair work within the Oto 75 foot zone appears to be reasonable; the landscape plan offers a natural looking slope and the hardcover reductions are consistent Pag e 2 of 9 MINUTES OF THE ORONO LANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. with the City 's goal to reduce hardcover near the lake . However , Staff does not find practical difficulty inherent to the property to support the requests to exceed hardcover or structural coverage limitations. The applicants should be required to reduce their plans accordingly . Planning Staff recommends approval of the CUP for the work within the Oto 75 foot zone including the walls , stair and flagstone "landings ". If the Planning Commission finds practical difficulties exist, a recommendation for approval of the requested average lakeshore setback variance would be appropriate. Staff does not find practica l difficulties to support the hardcover variance or the structural cov erage variance and recommends denial of these variances. Leskinen asked if the applicant has submitted any proposed hardcover removals. Curtis indicated she has not received anything. Barbara Goodwin, Applicant, thanked Melanie Curtis for all her help on this application. Goodwin indicated they would like to construct their dream house and they were attracted to this site given its location on the lake. The existing house has a number of issues, which is why they would like to construct a new res idence that would fit in with the rest of the neighborhood. The current garage is a tuck-under garage and being proposed is construction of a new garage to be on the same level as the house so they can enter the house from the garage and improve the drainage. One of the other improvements is to improve the safety of the driveway by changing the grade of the driveway. The driveway currently curves towards the property and goes down the hill, which limits the sightlines out on to the road. Moving the home back as far as possible would help improve the sight lines . The existing house a lso has mechanical and serious water issues . The property's lake views are compromised by the large tennis court fence that adjoins the property. G oodwin stated when they purchased the property, they expected to be able to construct a house in line with the other houses on the road. The majority of homes on the point are located along the red line shown on the overhead. Goodwin indicated they met with the neighbor to the north and have attempted to create a plan that works for the neighbors as well as minimize the view of the tennis court. Curtis displayed a picture on the overhead showing the tennis court . Goodwin indicated they created a plan that would butt that side of the home out further and then steps back, which would make the home further away from the lake. The proposed house will be six feet further away from the neighbor 's house. The other issue with the property is the lake front , which is in disarray and consists of a number of railroad ties. Goodwin stated they wou ld like to remove all the railroad ties , the wooden deck . stabilize the lake front, and plant native vegetation in that area. When the first plan was submitted, it was determined by Staff to be over the City 's hardcover and structural coverage limits. The latest plan has reduced the hardcover and structural coverages down to acceptable limits. Thos e plans have just been completed late this afternoon and have not yet been submitted to Staff. The goal is to create a home that resembles a classic Lake Minnetonka home and fits the neighborhood . Goodwin noted they are now only requesting the setback variance in order to minimize the view of the tennis court . Landgraver asked where the reduction in hardcover came from . Page 3 of 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday , June 17, 2013 6:30 o'clock p.m. Peter Eskuche stated they took the square footage out of the floor plan and reduced the footprint of the house. The plans are now below the hardcover percentage and below the structural coverage limit. Landgraver asked if it would be correct to assume that the new plan does not move it further away from the lake . Eskuche indicated that is correct. Schoenzeit asked if the house meets the City 's height restriction . Schoenzeit commented it appears the roof is a 16:12 pitch. Eskuche stated it does meet the City 's height restriction. Curtis indicated Staff has not completed a full height analysis but it will be completed before the issuance of the building permit. Schoenzeit asked if they are requesting a height variance. Curtis indicated they are not. Eskuche stated the roof does meet the City's height restriction and that the pitch of the roof is not regulated . Eskuche indicated he does not know the exact pitch of the roof. Goodwin indicated the chimney has been removed from the plans . Leskinen asked if all the other setbacks are met except for the average lakeshore setback . Eskuche stated they do meet all the other setbacks and that they are just requesting an average lakeshore setback. Eskuche stated they have attempted not to impact the views of the neighbor to the north . Landgraver noted one of the letters from the neighbors identified a concern about drainage . By removing the existing driveway and changing the slope, Landgraver asked how the drainage would be impacted by those changes. Eskuche stated currently there is a sewer pipe in the yard that collects water from the street. The road is pitched so that all of the drainage from the curb on this side of the street goes to the other side of the street. Eskuche indicated they are limited in what they can do to change that. Goodwin indicated they have discussed constructing a French drain and draining it towards the lake. The trench drain would capture some of the water, pull it away from the street, and divert it towards the lake . Landgraver asked if the tennis court fence has to remain a chain link fence . Curtis indicated the owner could put vegetative screening up next to the fence if they chose to. Landgraver noted the owner could also tear the fence down and put a hedge there since it is not a protected view . Pa ge 4 o f9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. Neil Goodwin indicated they have spoken to the neighbor across the street and that they are attempting to take some of the drainage from the house and redirect it towards the lake rather than the street. Landgraver noted the driveway goes down to 940 ' and the back of it is at 950' but that he is not trained enough in engineering to know how that would drain. Thiesse commented the water will somehow have to be diverted from the French drain at the 940 ' contour down to the 938 ' contour at the lake, which will be very interesting to see. Eskuche noted the lake is approximately nine feet lower . Gaffron stated the surface runoff would have to be taken from the driveway at a 939 to 940 contour and then outletted within 40 to 50 feet of the lake, which is not something the City has allowed in the past. The City typically has not allowed surface runoff to be piped and outletted in the 0-75 foot zone since there is very little chance for it to be filtered before it reaches the lake. Thiesse asked if the City would allow the water to be diverted to the storm drain. Gaffron stated that is one possible option . Eskuche noted there is a city sewer on the property that would be easier to access and they would be willing to do that. Gaffron asked if the inlet outlets to the east side of the lake. Neil Goodwin indicated it does go to the east. Gaffron stated it would require the approval of the City Engineer. Curtis stated the focus of the City Engineer in his review at this stage of the application was the 0-75 foot zone and that he will have to take a closer look at it before the application goes to the City Council. Schoenzeit asked what distance the pipe could be from the lake. Gaffron indicated 76 feet from the lake . Krogness asked where the new driveway would be located. Eskuche pointed out the location of the driveway on the overhead. Chair Leskinen opened the public meeting at 7:00 p.m. There were no public comments regarding this application . Chair Leskinen closed the public meeting at 7:00 p.m . Thiesse asked if the neighbors are happy with the plan as depicted . Page 5 of 9 MINUTES OF THE O RONO PLANNING COMMISSION MEETING M onday, J une 17, 2013 6:30 o'clock p.m. Rozeboom, 2967 Casco Point Road, indicated he is and that his only question was runoff. Rozeboom stated they expected the runoff to go into the storm sewer and asked if that is where it is headed or if there is some sort of underground piece that is there before it goes into the lake. Gaffron indicated he is not sure what is out there currently and that they will need to ask the City Engineer to review the system , but that he would expect there to be a catch basin. Curtis noted it would need to meet the requirements of the City Engineer before it is approved by the City . Rozeboom commented it is a very nice design and that the proposed residence is smaller than what currently exists and less imposing even with it being located closer to the lake . The architecture and aesthetics are very compatible with the neighborhood . Rozeboom stated if the drainage issue is engineered to a point that everyone is comfortable that no additional water is going across their street, he would not have any issues with the application. Bonnie Martinson , 2970 Casco Point Road , stated the drainage system goes across their property line and to the neighbors to the south. After an inch ofrain yesterday, the current system could not handle it and it was going across their property to get to the lake . At the present time the water comes from the hill and across the street from a culvert. Martinson indicated she is not quite sure how that drainage system is going to work once the house is elevated. Martinson stated that is a question they have and that there also is a lot of debris coming through the drain system into the lake. Martinson indicated she is not sure how often the City cleans that drain out. Thiesse indicated he visited the property this afternoon and stood at the back comer of the house to the south and looked at the lake view . The lake view did not start until the 34 " maple tree, which is going to remain. Thiesse stated in his view he does not believe that even from the back comer of the house the neighbor 's view will be impacted. The intent of the code is to protect the lake views, and by moving the house forward , it should not negatively impact the views of the neighbors . Landgraver stated he does not have any reason to vote against the application since it is very similar to what exists now . Landgraver noted the drainage issue is not something the Planning Commission would be able to deal with tonight. Schoenzeit commented it is unusual to call out hardcover and structural-coverage numbers at a meeting and that the applicants should submit a survey to confirm that. Curtis indicated they have submitted it tonight. Leskinen noted the applicants are also requesting a conditional use permit as well as a variance to the average lakeshore setback. The code is in place to preserve the views of the adjoining neighbors , and if those are not impacted, Leskinen indicated she would not have an objection to the average lakeshore setback variance. Krogness agreed with Chair Leskinen . Page 6 of9 MINUTES OF THE ORONO LANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o'clock p.m. Leskinen asked if the Planning Commission should discuss the individual line items of the conditional use pennit criteria as noted in the Staff report . Curtis suggested that if the Commissioners have a question or concern regarding any of the specific criteria then discussion would be appropriate and stated that Staffs report will be part of the official conditional use permit review record. Krogness stated it would be an improvement. Leskinen commented the area does need some work and that removal of the railroad ties would help improve the appearance . Landgraver moved, Krogness seconded, to recommend approval of Application #13-3604, Eskuche Associates on behalf of Neil and Barbara Goodwin, 2975 Casco Point Road, granting of a conditional use permit for the work within the 0-75 foot zone, and the granting of an average lakeshore setback variance as proposed, subject to the project complying with the City's 25 percent hardcover regulation and 15 percent structural coverage limit, and subject to the applicant and the City Engineer resolving the drainage issues in this area. VOTE: Ayes 5, Nays 0. #13-3610 CITY OF ORONO, AMEND CITY CODE SECTION LOTS OF RECORD 7:10 P.M. -7:18 P.M . stated in March of 2012 , the City Council adopted Ordinance 92 , Third Series , whi in part amende oning Code Section 78-72 to bring it into compliance with Minnesota Statute egarding non conform Lots of Record in the shoreland . ber of 2012 , the City Council adopted Ordinance 95 , Thir eries, which removed the 80 percent lot widtfi d lot area standard for existing nonconforming reca lots in zones of one-acre or less. The majority of su roperties are in the Shore land Overlay Distr· and subject to state statutes regarding lots of Records and Shore land standards , which overrid e local zoning for nonconforming record lots . He noted that the ensuing months of a · wording change is necessary to ensure c simply the definition of "record lot." Su that originally applied city-wide pr ior tot standards adopted in 2012 that apply on! District. Gaffron stated with the ordinance a e, Staff has concluded that a minor 2 has three subheadings . Subhead (a) is carryover "nonconforming lots of record " section dments. Subhead ( c) establishes the new · lots of record in the Shor e land Overlay subhead (b) and subhead (c) ap to shoreland properties. This pote · lly creates confusion because the standards under each subhea re not identical with regard to the new ha over regulations adopted in 2012 . Subhead (b) sugge that with regard to hardcover , any nonconform1 record lot must merely meet the code require nts of the underlying zoning district, which includes tn established by the f system ; i.e., ranging from 25 percent to 35 percent for indiv1 al residential lots . However, a non nforming record lot in the Shoreland that is subject to subhead (c) i percent hardc er regardless of its tier status. Page 7 of 9 Council Notes 070813 #13-3604 -Eskuche Associates on behalf of Neil & Barbara Goodwin, 2975 Casco Point Road Variances & CUP -Public Hearing Application Summary: The Goodwins are proposing to construct a new residence on the property and are requesting an average lakeshore setback variance to construct the home as proposed. They also request a conditional use permit to conduct land alterations within 75 feet of the lake for redesigned stairs, landings and shorter retaining walls . At the time of the planning commission meeting the applicants' plan exceeded both hardcover and structural coverage . Since the Planning Commission meeting the applicants have revised the plans so that both hardcover and structural coverage levels are met. The average lakeshore setback line is determined by the location of the homes on the two neighboring lakeshore lots. The property immediately to the south of the applicant's property consists solely of a tennis court with a tall perimeter fence which is situated on and over the applicant's property line . This tennis court lot is not a lakeshore lot; the adjacent lakeshore lot to the south for determination of the setback is 2987 Casco Point Road owned by Casco Point LLC. Casco Point LLC is also the owner of the adjacent tennis court lot . The applicants are requesting an average lakeshore setback variance to encroach up to 21 feet into the setback with portions of the new home. Even so, the applicants' proposed plan appears to improve the views of the lake for the 2967 CPR property; and due to the separation between the two homes and the location of the tennis court, the views of the lake from 2987 CPR do not appear to be adversely impacted by the proposed encroachment of applicants' home. At the June 17th planning commission meeting, there were a number of neighbors who spoke about the application and _specifically discussed the stormwater issues on Casco Point Road . The applicants' property exists at a low point on Casco Point Road, Two weeks ago Jesse Struve and I visited the site with the applicants' representative and Jesse provided some direction regarding grading and drainage. Jesse's comments are included in the packet. The Planning Commission voted 5 to Oto recommend approval of the average lakeshore setback variance and the CUP for the work within the Oto 75 foot zone conditioned upon City Engineer approval of the grading plan. Planning Staff recommends approval of the CUP and approval of the average lakeshore setback variance consistent with the Planning Commission's recommendation that all stormwater and drainage issues be resolved prior to the issuance of a building permit for the new home. Tonight, the Council should open the public hearing and take comments from the applicant and the public and then direct staff to draft a resolution reflecting your decision . fh1-(tJ{A,i hM/2 ( ~ /! { c; ~ / Pn vi,fu/J /:i--1/ ~ ~{Vl(F(,ft.c./,; ,( w,t? - ~A1:J ,g kJtl1 ( ezetd W) ti) f-tttv &s(hltli~ ;:~ t'buvv1~+vl,, s1f{:'.n ~o~ \ ~-rol1tld--l({!/?(nro I O'(Kki/4,1ay:__ ·T( d 1iouboo½"'­ ~=ti~ icrs1 lf 12- fZ--tru,0wr!A.➔ Q~kifJYLe&v ~~ Vvt n off-V\1/t I be d t tt'cJeot lvt tifte, 4U H/' tvtat+il,6Wv-j ~ 0-e't-"1.)l;{ Ckc"­ Wl r];L{)\,-f w {J._ 1-f V . 01Jn11Ce,;vt({t~ J~~M i01~tJet{ tu-l!dt-11, c;~. ~ CffeVl'V t,<, afaJ vLA--Qtl ck hcw-J w a, t-cv ~ f5I oat i1A f·, .J+ovrtO . 111kl~ -'jt,f pDf.h v-e Of ave Sb V/4✓ La,n_ctf;t-;t~vt'v -?<L? ~ LV%~~ -' \'.AV~ -t Schl)(V'-zeZ/-- '·-~ tvio noµ= LaA-d-~4 ' I fUV~J 0·-t> AfPJZ- Cif t_JID t~ Out. p . &Pf tJ~ ~ <;s13 V ~l C£.,h ~ lvvte+ H-u d ,;ht'utJ,H,i e~ UJ7)e/1 · · Ma~ JV1lt,~tujl -81§~ hardcover improvements. Comments on the plan from the City's consulting landscape architect are included with the staff report. Conditionally permitted uses must be reviewed using the criteria found in City Code Section 78-916. The criteria were listed and analyzed in the staff report. With regard to this application, items 2, 6, 7, 9, 10 and 13 are generally applicable. The Planning Commission may choose to review the criteria in detail. Staff Comments Staff finds that there may be unique practical difficulties which support the granting of a variance to encroach to some degree into the average lakeshore setback. The tennis court to the south, although not the basis for the average lakeshore setback, will impact the applicant's ability to view the lake when placed at the requested house location and more so if located at the conforming setback. The owners of 2967 CPR have signed the acknowledgment form provided by the applicant and it is enclosed with the other neighbor acknowledgements in the report. Further, the CUP for the retaining wall and stair work within the O to 75 foot zone appears to be reasonable; the landscape plan offers a natural looking slope and the hardcover reductions are consistent with the City's goai to reduce hardcover near the lake. However, Staff does not find practical difficulty inherent to the property to support the requests to exceed hardcover or structural coverage limitations. The applicants should be required to reduce their plans accordingly. Staff Recommendation Planning Staff recommends approval of the CUP for the work within the Oto 75 foot zone including the walls, stair and flagstone "landings". If the Planning Commission finds practical difficulties exist, a recommendation for approval of the requested average lakeshore setback variance would be appropriate. Staff does not find practical difficulties to support the hardcover variance or the structural coverage variance and recommends denial of these variances. CUP ANALYSIS Re: Item 2. The proposed grading, retaining walls and lakeshore access stair are residential in nature and are compliant with the zoning code. Re: Items 6 & 7. These criteria essentially ask whether the proposed new grade is appropriate and in character with the surrounding land and neighborhood. Staff believes the proposed grading within the 75-foot setback area will have no impact on surrounding lands. Drainage patterns for runoff leaving the site are not significantly altered. The resulting grade will be more gradual than existing and similar to the other properties in the neighborhood. Re: Item 9. This standard requires that the grading activity must not substantially impair the use and enjoyment of the property in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The proposed use of the property for construction of a residence, retaining walls and lake access stair will not be changing as a result of the proposed grading activity, so there should be no change in the use and enjoyment of adjacent properties. Re: Item 10. This requirement discusses the need to mitigate undesirable views. The applicant has provided a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake. Re: Item 13. This standard requires that the grading be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed grading on this lot will have minimal if any environmental impacts. The applicant has submitted a detailed landscape plan which provides desired screening of the improvements when viewed from the lake in a natural manner. October 2012 City of Orono Hardcover Calculation Worksheet -#"~·7 "";? / Property Address ZC/7.5 C...~'!,,,..('J fe;.,r,rr· J>...ol,/0 tfl.llf.~ Cooat:,(:..///1. Prepared by 6A#Jl//!f;t.C: I A./J'Q Cl 4 nrf; .flk<". Date :6"-/1"-f'$.. Stormwater Quality Overlay District Tier: (Circle one)~ Tier 2 Tier 3 Tier 4 Tier 5 1. EXISTING HARDCOVER In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garaae) (24' X 30') (720 S.F.) A t!Dvsc= 3105' S.F. B TIG.C. It, &.:,,G S.F. C sc.r.r-~ U:ot>$e. (1r.1i s-80) LciO S.F. D D (l.,['J~WA'I / 3;>;2. S.F. E WAL.t ... ' 4}-,, S.F. F I\ LO S.F. G It 17 S.F. H If ,~, .::i: S.F. I It -~-~ S.F. J s,oop 63 S.F. K Kl AL--1~ 13.0 S.F. L "'.51e/'.'1 ,!::i t5q S.F. M /tR. r1€ W,-fl.L-[ 0 2-S.F. N /?A r1.1: ,U.l,f I... l, f ·' b3 S.F. 0 WCJ10J) !JcCJ:( 216 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. ( 1) Total Existing Hardcover t,;0,0~, S.F. Excludable Hardcover: ti: +hnA l WAUS 0?-tTfN?f" c;;: 75; r--17,-1,, tlt<r: IO 9 S.F. . S.F . S.F. S.F. S.F. (2) Total Excludable Hardcover 109 S.F. (3) Net Existin_q Hardcover fSubtract line (2) from line (1 }] ~897 S.F. (4) Total Lot Area 2-1 DD3, S.F. Existing Hardcover Percentage [ (3) + (4)] Z'if,08 % 2. Proposed Hardcover (Over-) 2'77S C,,tf('O /(1)11,/'71fo4,., (!AA8 r:-o(}l)u,.l',;;v) ~ -l'-1-13 2.PROPOSEDHARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garaqe) . (24' x30') .. (720S:F) A / ,.-"-(re,, /.l,;:; .er.:J110Vf't?) --S.F. ..J,\I~ B IJCt,(( I/ ,,,,. .... -S.F. J C -,~rf+ II I,,,. -S.F. '1 \. AC" r.,. D ~t?,.',•;,f-1'?'--II ..., .., -S.F. u - E / I ' /I ...!d....c..~ S.F. F --✓-.,,.,:.LJ.-+.-, / ....L.c:::J..... S.F. G -~.£.,.,'.J.f--r ,1 ~ S.F. H ,.,bt:,1-;t-,-,1 ~-S.F. I ~ ,l"J ~ S.F. j .. ;:F-7'·&-&/L. II . -~'-S.F. K ffal.6, e./f: /1 -·-/-~ S.F. L '("°'""---A -i /I -~ ~ . S.F. M -A-./) --, Jlif .I/<' lj -6-+ S.F. N .,., -... . , , ... ,,., -G-3--S.F. , ' ,f J'I>.-' 4 0 " .,"I, ...... ~ r-t.,r // 4-+f;-S.F. f':/'Ult,'f' . ....- p /!IF (A.J N IJ u .f ~-Z~?I S.F. Q :I' .tl/U 1/G" /'7~_? S.F. R ;,I /J ,fl I?. CI./ ~ '_-;> S.F. s /I /J/11117 (/S'P f71U(C1U. <.tl ,f SO tlT/16",< J 209 S.F. T ,, 2.C-7 S.F. .t/ r1---A R.11 er:: u .. j/ f"To d ,0 2.3 S.F. vw Yyz .fl /:,(./,,( l--✓ • .S JS. '-16 t.Jt, 2 .. 3 '!?A" 2:/7 S.F. , , . ; : § • w / . S.F. IA,1 'JI u n1.1.r ;..-,,/1 U./uf ... ,1,:;t ,/!,•tc . .1 /Q .X.--IA/J II •'I /,l // ID S.F . ¥-i(.~'f'" N /I .I/ I/ /0 S.F. 4-t:)t) /::''-A(if-rlfvVc t,U.{ll( t-rr(Pf "30 1 si:: /;'I//..(: I', r F C.AC .rr,:;,ve 2, Z./3 S.F. ,:: ;: (AJA I.. I< 5 ~ ~r::_ ,.,, •Cr.-_,,,,, -' " ~ Mt.-/f /J,:,?f, ifJ<f:'lt! /06 (1) Total Proposed Hardcover / 5"'/2C S.F. Excludable Hardcover: v-z I ,t .J .J l,,,L i 237 S.F. s P'IL r r ,I () () .F. /:, AF.#l:/:t...-1/0tfJ /1.i 71(.) /00 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 3:?7 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1 )] S"o f' 9 S.F. (4) Total Lot Area 2/ t:?03 S.F. Proposed Hardcover Percentage [ (3) + (4)] z 1/,:Z3 % -----j 4June 2013 Eskuche Associates Attn: Adam Burrington 18318 Minnetonka Blvd Deephaven, MN 55391 SUBJECT: Zoning Application #13-3604 CITY OF ORONO Street Address: I Mal/Ing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us On April 17, 2013 you submitted an application for variances for the property at 2975 Casco Point Road; based on this date the current deadline for City action on your application would be June 16, 2013. Due to changes in your proposed plan, the application has not yet appeared before the Planning Commission for their initial review and will not receive final approval by the Council prior to the expiration date. Therefore this letter is your notification that the City is extending the time period for City action on application 13-3604 under Minn. Stat. § 15.99, subd. 3(f) an additional 60 days. The time period for action on this application is hereby extended until August 15, 2013. Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. Sincerely, CITY OF ORONO Melanie Curtis Planning & Zoning Coordinator c: Barbara Goodwin via email Peter Eskuche via email C: 0 .... rn u .0 ::::J a. -0 -> rn "'O --<( (D 2: Cll 0 0 >, c ::i 0 0 Cll 0 (f) (1) C C ~ 0 (1) ro U) en Q) I __!_. >-.cOs Cll --0 (f) 0 0.. C .c w.:,: ro ~I= O;,..f-2 C _Q (f) (f) •• OD.cocos • E ..c o Ea.>CTIQ) oTisc..o scgCll-o (f) co.:,: -2 >--Cll Cll -C:1.....+--'0-:::J (1) (1) (f) "0010.filQJ 01CllCIJC(ii c-oO.c ·-QJ (f) ·-.c ..OQJ N S 2 -~ ·c m -..c c ·_gc~s 0 -(1) Cll (f) ~ ::J.c_Ju (1) Cll -CO TI C ._ O)...,_ C CO O C QJ <( ._o..c _':!]_ . QJ ...J ...... o..: aJ-{;;a:·o -s:==wm ·w Cll-§ W .g1 :::,::: £ o..Z CJ LEGAL NOTICE C,ITY OF ORONO . NOTICE qF rueuc !!EARING . . activities in excess oi 500 Oijbic yards in . . . . . . the area of the proposed home an~ within-· Alf-persons wishing :10 be. heard are en­ the ?~'-setback irorri the .lake to construct couraged to attend these meetings. This is riew lake ac:i:"ess stairs a_ntf retaining walls . not a final agenda and is subje·c:1 to change are ·also reque sted . ' . ' -· " . . '' prior to· the hea"ririgs. ·written .comments · · , . . ·I· ;;' ' , .. are acceptei and should· be submitted 13-3608: l.'eo Sle'chfa; 3700 Northern'). lo the Ciiy of Orono -by June .11, 2013 if The , Orono Planning Commission will hold a public hearing in the Orono Coun­ . cil Chambers at 2780 Kelley Parkway on Monday,.Jun~ j 7, ~013, liegjnniog arB:30 p,m. on the matter of reviewing the follow- ing land use application.§: · · . . , , ._; :;· . :'; ,: , ,, . , , ., .: -. ·1~;~609: Colson /:U~toru ,·Hcim~s •. -47~1 13-3604: Eskuche _Associates on behalf North Shore Drive, LR.1 B zoning district: of Neil & Barbara Goodyvin , 29?5 Ca'sco .. 'requests .a variance' a·nd honditiorl~l 4se Point Road, LR,,C zoning district, request-permit · for •retaining :.wall replacement, . Avenue, LR-1 C zoning district, req6ests . ·possible: Interested persons may review vacation · of a, portion of North.em Avenue the applications .at City .offices . For an (PID' 17-117-23-34:poo2). · : .. ' · appo'intm~nt, please 9aU(952)'249-4620 . J. .11t' r ! .i;·· ·i·.')''} ! ,, •• ; ' !.~.i : · · ' ·. City_ of OrRno , . , · By: P/anliing C □-m~ission an average lakeshore setback,.'variance construction-of lake-access stair and· mi -· M~lanie Curtis .. · aiic(a'Tier i' hardcov~[varlanc~· !~prder to •·· -~or gia~/pg \yithi~ 7~• 'ot Lake ~innei§.rika .. P,lffenning & ?oning ~oor9jnator · •constructanew -residencepartially'ah'ead 1 '•··' ·,_ ,,, ·. ··•~·,.·.· .,_, · -· ·.·. ', .of the ayerage· lakeshore ~etback and :re-. 13-3610: · City :·of· Orono-proposes ;:an . suiting in p:4%, hardcover-where 2[i% !§ _ .amendmert to City Co~~,Sectio~ ]8-?? to · alloweda nd 28% currently exists. , Condi-clarify-the lot of record standards regard- (Published in The Laker and The Pioneer 1•·····--··· : n~Wspapers Jun~ !, 2~(3) , . · .· tipnal use permits for grading and filling . ing shorelahd and non-stiore!ancl lots .. ' TI QJ (f) GJQJ-CO li..... ·-:J ·s =: co r.n O"co-s ~::i(l)co QJO"co- £coo~ =(1)(/){il COcoa>o .C C = .-:=<flco. $ C ·-0.. TI -~ 2 Cll ©ai>.:tr.... =u..oaJ 0. ·-.c E~-oo 0 Cll CJ U ::i TI TI <fl 0-.> C Cll o Cll .,CO),.__ '-C 0. l'­ QJ:;::; 0 0. ::i (f) . co-cu<( g. ~ :tr....~ (Y) 5CQJC0 (l)OO.--ci cUCll(\JQJ (l)(J)O.OTI ..c-<fl<(C f-C5.-aJ ~©a.>e0E <CEce0co ~ ~ TI QJ c §_ QJ .c f- a:i 3::! (1) co (.) <fl C 0 (f) .._ .:,: 0 TI QJ (f) QJ Q) C .C 5 E .':!J. © ::i :0 > o ::i ·cn () 0.. (f) QJ QJ TI U .C C 0 ....., Cll ::i ~ TIN(f) >-QJ .._ --s .§_ (.) 0. 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CITY OF ORONO activities in exce~s of 500 -cubic yar\fs in ing s~oreland anc/ non-shoreland lot~. the area of the proposed home ariil within . . . ·. · the 75' setbac'k frcim the lake to coris'truct . All persons ' wishing 10 be heard ate en- NOTICE OF PUBL.IC .HEARING .• new lake acces~·stairs· and retaiQing walls . couraged 'to attend these !l]eetings. 1 This '· • • •• · •. •. :,, , , :· •• 1 are also requested,. .; ., . is_ nofc1 fipal agen~a _and is ~~bj~cf tb The Orono Planning CorTJrnissiqn ·will · · , · . · · change pripr .to · the hearings. Writtiih · hold°a-puqlic hearing in ihe Orono Coun--' 13-3608. teo Slechta, · 3700 Northern comments are acGepted arid shou11d fl~ cil Chambe'rs at 2780 Kelley Parkway on · Avenue, Lll-lC zoning distnct, requests .s~brnitted io the City.otorcino by J4ne ·11J, Monday, June 17;, 201 3, l)'eginning at 6,30 , vacation of-a portion of Northern· Avenue 2013 if p0ssibfe . lnterested .P.ersons 'fi/ay · p.m. o □ the matter of reviewing . ttie fol~·:. (PIO 17~117-23-34-0002). · .. · -, review the applications 'at City officesi·For ., lowinglanduseapplicatioris:-. · ' : ' . · .: . .•:' . an appointment, 'please -call (~52)12~9- , -13-3609:. Colson , Cu~tof!l ·HoJT)es ,. 47_31 4_620. . ,, ,. . 13-3604 : Eskuehe Associates , on behalf . North Shore Drive·, LR-1 B zoning district, -. . . . · of Neil & Barbar;i Goodwin, 29751 Casco · requests a variance and a conditional use City oi Orono - Po int Roa d, LR-1C zoning (listrict, request ··permit . for retaining wall-replacement, .. By: Planning _Commis,sio~ an average lakeshore setback· variance · construction of lake access stair and · · ': and a Tle r.1 hardcover-variance in order to . minor _ grading Within 75'.. of Lake 'Min·­ construci a new residence partially afiead netonka. · of ttie average l~keshore set~;ick and re-. • suiting in '27.4% hardcoYer wfiere 25% is 13,3!310 : · City of_ ·orono· --proposes an allowed .and 28% curr~ntly exists. Condi:-.. amendment tci City Code Se'ction 78° 72 to . lional use permits for . grading and filling .. clarify tlie lot of record · standards regard s 1 . • . ·; ~ . • . i . ., . ·, .i ..• Melanie Curtis .. Plannin·g & Zoning Coordinator · (Plibli5hed in The Laker. and The Pioneer newsp{lp'ers June 1, 2013) ·, . .. , 1 ·". ' 'O (1) Cf) (1)(1)....,Cll '----::::, ·s = ~ w CJ' Cll ..., $ ~:::i(J)co Cl) CJ' co - £coc3.!!! v ~ i 'O Cl) 'f~ g .. 0 (/) ..... ~ 0 "D Cl) Cf) Q) Cl) C ..C $ E -~ Cl) ::J :0 -~ 0 :::J (/) () 0. Cf) ·1 c'.' C') g; T"" Cl) 0 'O (\J Cl) . ..c -~ ~l 0 (\J \ ~~-,~~ c Cl) OJ <( 'O Cl) -~ ~! =cncn-@ CO Cll Ql u ..C C ·­ -~ (I) C 0. 3: C ·-0. -o .2 2 Cll a,crj>.,._ = (.) .0 Cl) Q. ,_ .c E ~ -o o o ca Cl) U:::,'O"O Cfl CJ'"> C Cll o CO .ctn,.__ ,._ C 0.. t--- (1):;:: 0 0. ::J Cf) • g_Eco::; (fJ (/) ~~ 3: C Cl) Q) 0 0.. ·-ci cUcoC\JCI) Cl)Cf)O.~-o _c....,Cfl<(C f-C5.-Cl) ---:-Cl) Cl) C') E <(EcC')co Ill Cl) Cl) 'O () ..C C U ..., Cll ::J ~ 'O~Cfl ,._ Cl) ..... ...., 5 .§ () 0. . Cf) Cf) CO Cll 3: 3: 'O "D Cl) C -5 Cll 0 co _..,_ ::::cu~ Cll 0. Cl) Cfl Cll Cl) --0. $ .c Cf) ..c g $ (.) ..c Cl) Cll $ C Cl) ::,::. co ~ ::J co U) 'O Cl) ..c -~ :i5 ::J 0. '§ .... (/) Cll $ -== :i5 ::,::. ::J Cll 0. "D ,._ 'O .3 C Cll co (/) ciu "-C Cl) -- b .::= -a ca C >, Cl) Cll Cll <D 0 'O ..c - """I-;;; ::,::. Cll Cll $~ ::J Cl) 'O co £ § U) 0 >, ' co 'O ~ Cl) £ ,._ ' -~: ' \ ' ·\ ,\ 0 .c 5 <( z (/) £ . •il",t;,'*VW~•~ f z j! .... '· w O ~: en en • z: w .._.-f: ~ w z (') ,. it;~g ~ ) ~ u: ~: t (.) ::::i ~ ~ ;t . ID W ,. :: EC 1r E t .}<£>-e ,. . :i:O::o~ cc~u • t O O:,... <. gJ E 0 •. 0 0 .C: .. U') 0 • C: U') ·- U) w Q) d) i..: a. .E Ill Ql O :l :t:: (X) c::i ~ i11~~ ~ C1);; ~ C: Ql >a,·· 0 E O ::= ~ :;:; E ~ma, Ill o ,_ E ;: E O 0Q)Q) I,.. > : :,.::: 0.0 -~.cg: _-o.C:-ma, c:·cog>.1-u -a.,-.000 4>,2?a3~:;;~ -.,a.,.a>- (tJ la.ob~~ fl:-oin-.,0 .~L()ii.r=; :t::,--Q}O·-:~(tl~:g caa,1-fflro o ~ E ::i .c: ... a.=>O~ ~lllE"'w ;: ~ ·x ~ 0 J:) CQ <O ..J ., ::Ea: -m--0 a.£:!.£2. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13-3604 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this ih day of June, 2013. RUN DATE: 4/15/2013 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 20-117-23 31 0035 SC &LMHANSON 2940 CASCO POINT RD SCOTT C & LYNETTE M HANSON 2940 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD NEIL GOODWIN/BARBARA GOODWIN 7310 KURVERS PT RD CHANHASSEN MN 5 531 7 38 20-117-23 31 0049 FREDRICK J HEY ET AL 2927 CASCO POINT RD FREDRICK J HEY ET AL 2927 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0061 J R MILLER & AR MILLER 2980 CASCO POINT RD JONATHAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0065 CITY OF ORONO 38 ADDRESS UNASSIGNED THE CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 34 0023 CASCO POINT LLC 2987 CASCO POINT RD CASCO POINT LLC 2987 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0027 CASCO POINT LLC 38 ADDRESS UNASSIGNED CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0047 CO MIDTHUN & KA MIDTHUN 2941 CASCO POINT RD CURTIS & KATHLEEN MIDTHUN 2941 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0050 DONALD A DRIGGS 2925 CASCO POINT RD DONALD A DRIGGS 2925 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0063 CA SWENSON & BB SWENSON TR 2965 CASCO POINT RD CLIFFORD A SWENSON BARBARA B SWENSON 615 BAYSHORE DR UNIT 106 FORT LAUDERDALE FL 33304 38 20-117-23 34 0002 S SCOTT & IS STANDA 3025 CASCO POINT RD STEVEN & !RENE STANDA 3025 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0024 CASCO POINT LLC 3005 CASCO POINT RD CASCO POINT LLC 2987 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 42 0006 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKEMTKA I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE rut~RDS OF THE H~R SERVICES DEPARTMENT. DATE: y l \S ! \~ BY: ~V\..v,... (A.. /J·Q.b ~· \, ' ! _,I,, ~..-.::. -. 8 20-117-23310038 EDWARDPEKARIKJR 2990 CASCO POINT RD ED PEKARIK JR 2990 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD NANCY G BROWN 2933 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0060 J A MARTINSON ET AL TRUSTEES 2970 CASCO POINT RD JERRY & BONNIE MARTINSON 2970 CASCO POINT RD S WAYZATA MN 55391 38 20-117-23 31 0064 T & D ROZEBOOM 2967 CASCO POINT RD THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATAMN 55391 38 20-117-23 34 0003 D P SEIDEL & H N SEIDEL 3015 CASCO POINT RD DANIEL & HELENA SEIDEL 3015 CASCO PT RD WAYZATAMN 55391 38 20-117-23 34 0025 E LINDGREN JR & B LINDGREN 3020 CASCO POINT RD E LINDGREN JR & B LINDGREN 3020 CASCO POINT RD ORONO MN 55391 RECEIVED APR 1 7 2013 CITY OF ORONO CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, June 17, 2013, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 13-3604 Eskuche Associates on behalf of Neil & Barbara Goodwin, 2975 Casco Point Road, LR-1C zoning district, request an average lakeshore setback variance and a Tier 1 hardcover variance in order to construct a new residence partially ahead of the average lakeshore setback and resulting in 27.4% hardcover where 25% is allowed and 28% currently exists. Conditional use permits for grading and filling activities in excess of 500 cubic yards in the area of the proposed home and within the 75' setback from the lake to construct new lake access stairs and retaining walls are also requested. 13-3608 Leo Slechta, 3700 Northern Avenue, LR-1C zoning district, requests vacation of a portion of Northern Avenue (PID 17-117-23-34-0002). 13-3609 Colson Custom Homes, 4731 North Shore Drive, LR-1 B zoning district, requests a variance and a conditional use permit for retaining wall replacement, construction of lake access stair and minor grading within 75' of Lake Minnetonka. 13-3610 City of Orono proposes an amendment to City Code Section 78-72 to clarify the lot of record standards regarding shoreland and non-shoreland lots. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by June 11, 2013 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission ~ ~ Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on June 1, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13-3604 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 10th day of May, 2013. ~Lill.Ukid Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, May 20, 2013, beginning at 6:30 p.m . on the matter of reviewing the following land use applications: 13-3601 City of Orono proposes amendments to Orono Zoning Code Chapter 78 , Article XI. - Wetlands Protection, to potentially include revisions to Sections 78-1601 through 78- 1614 regarding regulation of wetlands . 13-3602 City of Orono proposes a housekeeping amendment to City Code Section 78-571 regarding hardcover in the Seasonal Recreation -RS District to maintain consistency with City Code Section 78-1700 . 13-3603 Cheryl Coryea & Richard Devlin, 3085 Casco Point Road, LR-1 C zoning district, request front yard and side yard setback variances in order to attach the existing detached garage to the home making it part of the principal structure within 6 .8 feet of the front property line where a 30 foot setback is required and a 6.8 foot setback for the garage currently . exists; and a 9.5 foot setback from the side lot line where a 10 foot side yard setback is required and a 9.5 foot setback currently exists. They also propose to reconstruct the garage roof resulting in an increase in height in the substandard side setback. 13-3604 Eskuche Associates on behalf of Neil & 'Barbara Goodwin, 2975 Casco Point Road, LR-1 C zoning district, request an average lakeshore setback variance and a Tier 1 hardcover variance in order to construct a new residence partially ahead of the average lakeshore setback and resulting in 25 .78% hardcover where 25% is allowed and 25.15% currently exists . A conditional use permit for grading and filling activities in excess of 500 cubic yards is also requested. 13-3605 Brian & Rebecca Henning , 245 Tonka Avenue, LR-1A zoning district, request a rear setback variance to allow construction of an attached deck 30 feet from the rear lot line where a 50-foot setback is required and a 30 foot setback exists for the home. 13-3606 Luke Kujawa of Your Boat Club on behalf of M.G . Kaminski , 1444 Shoreline Drive , 8-2 zoning district, requests an amendment to the conditional use permit for the boat club operation to permit 10 additional boat slips for a total of 30 boat club slips . All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings. Written · comments are accepted and should be submitted to the City of Orono by May 14 , 2013 if possible . Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission . Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on May 4, 2013. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN D,\TE: 4/15/2013 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 38 20-117-23 31 0035 SC &L MHANSON 2940 CASCO POINT RD SCOTT C & LYNETTE !VI HANSON 2940 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD NEIL GOODWIN/BARBARA GOODWIN 73 JO KURVERS PT RD CHANHASSEN MN 55317 38 20-117-23 31 0049 FREDRICK J HEY ET AL 2927 CASCO POINT RD FREDRICK J HEY ET AL 2927 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0061 J R MILLER & AR MILLER 2980 CASCO POINT RD JONATHAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0065 CITY OF ORONO 38 ADDRESS UNASSIGNED THE CITY OF ORONO POBOX66 CRYSTAL BAY MN 55323 38 20-117-23 34 0023 CASCO POINT LLC 2987 CASCO POINT RD CASCO POINT LLC 2987 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0027 CASCO POINT LLC 38 ADDRESS UNASSIGNED CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0047 CO MIDTHUN & KA MIDTHUN 2941 CASCO POINT RD CURTIS & KATHLEEN MIDTHUN 2941 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0050 DONALD A DRIGGS 2925 CASCO POINT RD DONALD A DRIGGS 2925 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0063 CA SWENSON & BB SWENSON TR 2965 CASCO POINT RD CLIFFORD A SWENSON BARBARA B SWENSON 615 BAYSHORE DR UNIT 106 FORT LAUDERDALE FL 33304 38 20-117-23 34 0002 S SCOTT & I S STANDA 3025 CASCO POINT RD STEVEN & IRENE STANDA 3025 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0024 CASCO POINT LLC 3005 CASCO POINT RD CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 42 0006 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKEMTKA I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS D~E ON THE Rlj:~RDS OF~ H~'IBR SERVICES DEPARTMENT. DATE. y 1 \S, \'::> BY:~ ~V\.....,.,. ______ ~_ j~.-i.· 3 '!,. :1 ,i' r , .. ,, .>ti 20-117-23 31 0038 EDWARD PEKARIK JR 2990 CASCO POINT RD ED PEKARIK JR 2990 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD NANCY G BROWN 2933 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0060 J A MARTINSON ET AL TRUSTEES 2970 CASCO POINT RD JERRY & BONNIE MARTINSON 2970 CASCO POINT RDS WAYZATAMN 55391 38 20-117-23 31 0064 T & D ROZEBOOM 2967 CASCO POINT RD THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATAMN 55391 38 20-117-23 34 0003 D P SEIDEL & H N SEIDEL 3015 CASCO POINT RD DANIEL & HELENA SEIDEL 3015 CASCO PT RD WAYZATAMN 55391 38 20-117-23 34 0025 E LINDGREN JR & B LINDGREN 3020 CASCO POINT RD E LINDGREN JR & B LINDGREN 3020 CASCO POINT RD ORONO MN 55391 4 RECEIVED APR 1 7 2013 CITY OF ORONO CITY OF ORONO PQ '"'')X 66 CR. ,TAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED #13-3604 38 20-117-23310063 CLIFFORD A SWENSON BARBARA B SWENSON 615 BAYSHORE DR u-i-:~T ~~~n. 00 05/Zl/l3 RETURN TO S DER Pd! i:.Ml-' i t.U -N KNO\.~JN UNABLE TO F RWARD BC: 55323006566 *0778-03489-10-41 M11il:1::i!ll!lrndln!1111htti11!ilnl!,nll1111!h1dl1idli,d!1i la! . --"'C­ (.,J "' D> ...... ii~-;: ~~-~ i ~ ~ 3 {l l& g.c3~~ D) e!. ..., ct) cu a,-0>""(/J o,'<..+,tnU, -,n<D....1.:;: ~::r0><.nc5· g!,!5'g:a.JJ !!!.'g:E-,i» ~ ~:!:~~<Dc-o 0 0 o--•"lJ -o-.-<~"' ::J l&~m?"c:o' ~-~ ~ ~ 3 .... 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W CD :::, ~ w -i (J) U) s;~S;-g . en C ""Cl 0 ::!: CD -...j ""Cl :::, ..., ... -, cc ::T PJ~.o~ :::, -· a.a.co CD PJ 0 8.o.::;;3 ::::r -·-o rorro­..., '< PJ <ii " ~-0... PJ s::: 0 ""Cl -·:::, ~ ""Cl :::, CJ) ;::;: ·,~ 0 ~' :,?, \ Q: iii" ::::r. en -o o en C 0 <" CY C (1) ~ 3 ~ ::::r:::, CD <ll en CD 0. 0 A° ..., =:::, ::::r 0 CDPJro §. en en = (D s. PJ g. _PJ.O CD PJ (/) C ..., LEGAL NOTICE ..., N. (1) 0. )> (Cl (1) ~ CITY OF ORONO . ; , 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 . NOTICE OF PUBLIC HEARING The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, May 20, 2013 ,'-begin­ ning at 6:30 p.m. on the matter of reviewing the following iand use applications: 13-3601 City of Orono proposes amendments to Orono Zon­ ing Code Chap_ter 78, Articie XI. '-Wetlands Pro­ tection, to poteniially include revisions to Sections 78-1601 through 78-1614 re gartljng regul ation of wetlands. · 13-3602' City of Orono propos~s.a housekeeping am end­ ment tci City Code Section 78-571 regarding -hard­ cover in the Seasonal Recreation-.:. RS Distri ct to maintain consistency with City Code Sectiori 78- 1700. I\) CD I\) ~ r+ PJ Jg l~ ~1:: < w CD en o en :::, PJ () -· CD 0. en PJ = C ~ C =-: :,· PJ ..+ CD CD enCDO.• '< -13°3_6,03 -' ,~--·-c,c• ~i;:;., ' i' , . .1A zoning dist\ict, request a rear setback variance .Cheryl .Coryea & Richard Devlin , 3085 Ca~co Point to;allow construction ·ot an attached deck 30 feet . Road , LR-1 C zoning district, requesi troht yard and . from . the rear iot iine where a 50-ioot setback is side yar,d setback variances in order to attach th~·!: requ ir~d and a :fo foot setback exists for the home. existing detached garage to the home making it '.. ' . part oi i he principal structure within 6.,8 , feet qt 13-3606 . · ., . , '· .; . ttie front property line where ·a 3Q foot setback Luke Kujawa of Your Boat Club on _behalf of·F/:,1 .G. .is required and a 6.8 foot setback for the garage Kaminski, 1444 Shoreline· Drive,_B-2 zoring dis-· currenVY .exists; ·and a 9,5 foot setback from the . trict, requests . an amendment to ihe conditional . side. lot line where a 1 q loo\ side yard setbac,k is use permit tor the boat club operation \o permit 10 required and a 9.5'foot seiback currently1 exists. additional boat slips for a total of 30 boat club slips. They'al so propose to re construct :the garage rooi ·' , · · 1 • re sulting in an incr~ase in height in the substan-All persons wishing .to be heard are encouraged \o dard side setback. . . attend these meetings. This is not a final agerida and is subject 'to ch~ng·e ·prior to the Hearings. Written comments 'are accepted _ and s~oulci be submitted to th e City of Orono by May 14, 201 ~ if possible: '1nt~restea persons may review the appli­ cations at City offices:-For an appointment; please cail (9~2) 249-4620 . ' 13-3604 I City of Orono Byjlanning Commission Mei~~ie Cu~;s Eskuche Associates on behalf of Neil & Barbara Goodwin; 2975 Casco Point Road , LR-1 C zoning district, request ~an average 'lakeshore . setback variance and a Tier 1 hardcover variance in or­ der io construct a new re sidence partially ahead of the average la~estiore setback and resulting in 25. 78 % ~ardcove r where 25% is allowed and 25.15% currently exists. A conditional use permit ior grading and tilling activities in excess of 500 cubic yards is also r~queste~. · ' . . _ . Planning & Zoning Coordinator . " I' . i-.. '. • -~ ' ,· . . . I 13-3605 · , · . ·: ··. · ·, (Published iii The Laker and The Pioneer newspa-. 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Eiox 66 · Crystal Bay, MN 55323 . Phone (952). 249-4600 Fax (952) 249-4616 NOTICE OF PUBLIC HEARING ~\ ~ ~, The Orono Planning Commission wi ll hold a public hearing in the Orono Council Cham ­ bers at 2780 Keiley Parkway on' Monday, May 20 , 2013 , beginning at 6:30 p.m. on · the matter of revi ewi~g the fo llowing land use applications: "13-3601 City of Orono proposes amendments to Orono Zoning Code Chapter 78 , Article 'XI. -Weilands Protection, to potentially include revisions to Sections 78-160 1 through 78- 1614 regarding regulation of wetland s'. 13-3602 City of Orono proposes a housekeeping · am endment to City Code Section 78-571 regarding hard cover in the Seasonal Recre ­ ation -RS District to maintain consistency with 1 City Code Section 78-1700. 13-3603 , Cheryl Coryea & Richard Devlin , 3085 I\) r (/) :::,-. co I\) ~Is < vJ co '< Casco Point Road , LR-1 C zoning district, request front yard and side yard setback variances in order to attach the existing de-. tached garage to thtl home maRing ii part of the principal structure within 6.8 feet of the · front property line where a 30 foot setback is req ui red and ,a 6.8 foot setback ioi the · garage currently exists; and a 9.5 foot ·set­ back from the side lot line where a 10 foot side yard setback is required and a 9.5 loot setback currently exists. They aiso propose . to reconstruct the garage roof resu lting in.· an increase in height in the substandard side setback. 13-3604 Eskuche Associates on behalf of Neil & Bartiara Goodwin, 2975 Casco Point Road, LR-1 O zohing disirict, request an average lakeshore setback variance an d a Tier 1 hardcover variance in order to construct a new reside nce partially ahe~d oi th e av­ erage lakeshore setback and resulting in 25 .78% hardcover where 25% is allowed and 25 .15% currently .exists . A conditional use permit for grading' and filling activi-' ties in excess of 500 cubi c yards is also requested . 13-3605 Brian & Rebecca Henning , 245 Tonka Av­ enue, LR-1 A zoning district, reque st a rear ·lif,~ c Pl -0::::, ::::,- 0 0.. CO ~ "O () (J) C 0 <. o-c co ~ 3 ::: :::,-::::, co co (J) CD 0.. O "7s ...., (/) 0 .. ~ ~- co 0.. ., Pl S g-o.. "O -·::::, :1E "O ::::, (J) ;::;: =::::, ::::,- 0 co PJ PJ g}cncn= <D s_ Pl :,' _PJ.O CD Pl (I) c -. :::-PJCD cn Pl =::-§ -C =-~­ PJ -co co (J) co 0.. ' setback variance to allow construction of an attached deck 30 feet -from the rear lot line where a 50-foot setback is required and a 30 fool setback exists ior the home. 13,3606 Luke Kujawa of Your Boat Cluii ·on behalf .of M.G. Kaminski, 1444 Shoreline Drive , \'!,2 zoni ng d_istrict, requests an amendm ent to the conditional use permit for the boat club operation to permit i o add itional boat slips for a total of 30 boat.club slips. All persons wishing to be heard are encqur­ aged to attend these meetings . .This is not a final agenda and is subject to change prior to the hearings. Written comments are ac­ cepted and should be submitted to the City of Orono by May 14, 2013 if possible . inter­ ested persons may revi ew the applications at City offices. For.,an appointment, please · call (952) 249-4620. City of Orono By: Planning Cominissiori Melanie Curtis )'lanning & Zoning Coordinator (Published in The Laker and The Pioneer newspapers May 4, 2013) ~z-g 3'~ como-E:!.;::;: co m = :::r :::r o .JJ~co-u -... CD -·. 3'S"-.cn)> CO::::,oPJ::::, -t.(O .......,::::, 0. ~,S-PJ~ U) ro ro S. en "7s :::,-0 ::: CO ::::, O _::::, :::,--co ::!. O" o· S::: N CO :::,--· (/) co -· ::::, "O 0.. ::::, ~::::,PJPJCO (!)~"OCOo_ rnoCDCDc 0)5>"-3.'< co·"?'-PJ(J) 0..PJ6:::J::: rr::::,:::o..o ~O..:::JCD:, 0 :::,-3 - :1EPlrn!J5""£0 •. 0::::, --1'< 0 §:ICOPJ m CD -"7s O :::,- ::::, -u-cn 0 --Pl ::: 0 :::J"-< 1 . ro en (/) oi co 8, s ::::, ::::, co (J) 0 pr 0 0 C ::::, '< 8, 0 Pl < co ..... )> --a. Cl) < ;::;: 0 -""CJ C: C"' 0 Cl) -0 ::l City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .) F~r Office Use OnlviDn!~ J 1 J ~ City Planner: --tt-~__,.-4~a ......... /V-'--L/-~ __ _ Meeting Datemme : PC Date : ____________ _ 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 INFOR 'rtl/9n:: (Gt IO f2-.J Site Address: . 0 £Ct} r t- Property Identification Number (PIN): Zoning District: k'2:1 le-: Size of Property: ·cRIPTION OF REQUEST: verage Setback □ Side Yard Setback ardcover (Tier_) □ Lot Coverage ,Other: uUf fJ?Ult ~ ; □ Rear Yard Setback □ Lot Area □ Lake/Front Yard Setback □ Lot Width Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials : Difficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials : formal variance application . Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials : incurred in review of this application and/or additional staff time not covered in Owner's init~Jf ~tion fee , as well as provide an escrow in the amount of Initials : $ , to guarantee payment of the above . OTHER INFORMATION: *Please note: Your varian wh ich this form will be co pl Packet La st Upda ted: 03129/13 epted without a pre-application meeting during Date: Date : Page 9 of 3 1 /4), C/L 13 ~~ (~r-\ 7 RECEIVED APR 17 2013 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last Address City State Zip I ~n!and my rights as stated above. X ~&~ U]hr,L ' Signature Packet Last Updated: 03/01/13 Page 16 of 33 Phone RECEIVED APR 1 7 2013 CITY OF ORONO easy r-ee,-Laoe1s Use Avery® Template ·5150® 38 20-117-23 31 0035 SCOTT C & LYNETTE M HANSON 2940 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 7310 KURVERS PT RD CHANHASSEN MN 55317 38 20-117-2331 0049 FREDRICK J HEY ET AL 2927 CASCO POINT RD WAYZATA MN 55391 38 20-117-2331 0061 JONATHAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATA MN 55391 38 20-117-2331 0065 THE CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 34 0023 CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0027 CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® I I .i ' I I • ... Bend along line to FeedPaper -expose Pop-up Edge™ 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0047 CURTIS & KATHLEEN MIDTHUN 2941 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0050 DONALD A DRJGGS 2925 CASCO POlNT RD WAYZATA MN 55391 38 20-117-2331 0063 CLIFFORD A SWENSON BARBARA B SWENSON 615 BAYSHORE DR UNJT 106 FORT LAUDERDALE FL 33304 38 20-117-23 340002 STEVEN & IRENE STANDA 3025 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0024 CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 420006 HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKEMTKA 4 i 1 j .A. Sens de chargement Repliez a ta hachure afin de I reveler te rebord Pop-up TM J ·~ AVERY® 5960™ ! 38 20-117-23 31 0038 ED PEKARIK JR 2990 CASCO POINT RD WAYZATA MN 55391 38 20-ll7-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0060 JERRY & BONNIE MARTINSON 2970 CASCO POINT RD S WAYZATA MN 55391 38 20-117-23 31 0064 THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATA MN 55391 38 20-117-23 34 0003 DANIEL & HELENA SEIDEL 3015 CASCO PT RD WAYZATA MN 55391 38 20-117-23 34 0025 E LINDGREN JR & B LINDGREN 3020 CASCO POINT RD ORONO MN 55391 RECEIVED APR 1 7 2013 CITY OF ORONO www.avery.com 1-800-GO-AVERY J. i I J. October 2012 City of Orono Hardcover Calculation Worksheet Property Address Prepared by 6A61VtJf it!.-C .,, A,IJ'o CI A trif'j !twr. Date P-2 8-rs. Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier 5 1. EXISTING HARDCOVER In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length X Width Total Survey (Square Feet) (Example) (Garaqe) (24' X 30') <720S.F.) A tlovsE= 3105"' S.F. B 1)G.<:. lo!.. (:,1G S.F. C $(.D~•"' ~tJISe.. (t;,1i &"'40} Lc.oO S.F. D D n...tl/=.wA'J L3~2.. S.F. E WAL.I-! 4k S.F. F II to S.F. -· G •t /7 S.F. H 11 !$ S.F. I 11 .-1.~ S.F. J s,oop 63 S.F. K 1-;J A-L-1~ 13.0 S.F. L "5Te/J~ ,sq S.F. M '/?Rn€ WA ltL-J ~2. S.F. N ~'A 1"1~ ~,ltt,,5 ,, ~3 S.F. 0 WtJle;J) 1J€CK 216 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. (1) Total Existing Hardcover 0 '0C)'?JS.F. Excludable Hardcover: ~ +hru l U,JAU5 C'?fTJ'I#(:' l'H.:" 75 ✓;:: '"M UW r: 109 S.F. ' ' ! S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover lo9 S.F, (3) Net Existing Hardcover [Subtract line (2) from line (1 )] $897 S.F. (4) Total Lot Area 2-l' Dos S.F. RECEIVED Existing Hardcover Percentage [ (3) + (4)] ZfJ ~ o 8 % JUN 0 3 2013 CITY OF ORONO 2. Proposed Hardcover (Over-+) 2. 'j 7 S CAfC-o /C/IA,,IJ" £.04.. ( fAl(6 ~0(}/Je,,,./JN) S-ZB-13 2. PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Ga:ra<:1e> ' ·>'. ,,.,.,.•,, .•··,; .. }1 < (7::10'SiF,Y .· ••{24 ~wco</ ''. A , ··--{if? .i,;: ,l,:-11.dV~t?) --S.F. -'' LI..., B ,., ,.. -'J /; ,,,. ... _ S.F. ~ ~ C -~-// I --S.F. IJ \..I\.[.""\,.-. ._ II J " D ,t}-,t,' t;,/f766/;,,( y ,, .., n -S.F. u - E / ' /I ~ S.F. F , , ,1 -LJ:1.-S.F. ·- G ,, ~ ,1 ~ S.F. H , II -d-" S.F. I ,, 1/ L ~ S.F. j --t:F-~1(11. II -~ S.F. K 66,l,4 6~ ,?1 ~ S.F. L .-•--·A,-I /I -!i+-' S.F. M L) ,., -J ,-,1,.,, ... I/ ~ S.F. N A ,., --• , <" // -G-3-S.F. , ' ' , I I' 0 " A,-r,~/ ·..rLfi'J'llll' /I :i2 I g S.F. p /VFW. NOIAJ'~ 2.9$.2 S.F. Q Cf' lJA I 1./G" /6'08 S.F. R JI /J t;l /l C 1./ 327 S.F. s JI /JA ti o 21/5 S.F. T // r.c-A RA c€ 22R S.F. u /, "J rTadf.> 35 S.F. v,w X' 't', z ✓J U./A l,✓ s J2 '-/~ 1..,/7 .2..6 1? Ji" 2.2. Cj S.F. w Ail , ~ 9 S.F. 'II /,1 J L l,t. J /--AA IJ./1 ,I ,,1 C l,,1$"L1 - -X-IAJJ ✓I ;'/ '/I / I Ii) S.F. ¥-':C II /I ;J ,.,, 9 S.F. 4 {U) /:,'t.tf(if"N,,Yc !A.IUI< rf'r(Pf JO I 6e" r-11t€1'1r F'~AC froµe .Z I 2..t 3 S.F. iu: WAL/< .'i°ft: l'!:r-. &/.AC:••"'·•" .J. ,,,,,,,.,ur tfJ,:,tf,d~AJ' ,,,,;, (1) Total Proposed Hardcover ✓ 58b I S.F. Excludable Har:dcover: ~-z /,1J,AL,I., i 2"2..t; S.F. s F/,;r-r. ,1 ot1 .r. .,,.e-. ~F .{)if!'£ t//o t-f. f' ,,t)A'f'IQ /00 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 3.25 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] :>S"',1_ 6 S.F. (4) Total Lot Area .2./JC703 S.F. Proposed Hardcover Percentage [ (3) + (4)] 26'.36 % -...... J co I\) (fJ co ~ m C) m 0 2 C -i 0 m C :::0 > r--2 --m r- ... ·-~ ··········'······:°':c:,.:: .: I ... , \ \ \ \ \ \ \ I \ \ '1 \. '1 \ \ ' '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 / I I I I I I \ \ \ \ \ \ \. eo .. ··•-·· "' m m C m ~ -r- co N co ~ C) 0 2 b C ;u r- .. :·•••I ~:I'.,• •••. ,. • • -• •. ,r . . . ... : .. ' "· '~~?st _,:_ . : I I I $ I I I I I I I I I I I I I I \ \ I + ·----........ \ I i i\ \ \ J ;,\\ \ rOArHous , \ I I \ '1 \. '1 ' I I \ / I '----------I fXt~TING\ \ \ \ I \ \ I \ \ \ \ I \ \ t I \ \ \ \ \ :, I \ I \ I \ \ \ \ I \ I \ I \ I \ \ \ I I \ \ \ \ I \ \ \ \ \ \ \ \ \ \ I \ ~ I \ \ I \ \ \ \ I '\ \ \ \ \ ~\ I I I I \ l I \ \ \ I I I I I I I I I I I I I I I I I I I I / I : ---,-:- PROP~t° (~ : COURT \ \ \ \ ~ / I / ( I / I I