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Home My WebLink AboutProject Packet6. MINUTES OF THE · ORONO CITY COUNCIL MEETING Monday, January_ 12, 2009 7:00 o'clock p:m. #08-3381 BARRY TANNER, 3435 SHORELINE DRIVE, Continued) / /,r Tanner stated the windows are not able to be opened and that there would only be a front door an'd a back door th:· would allow access to the structure. Tanner stated he would look at his options fo.r--fu stricting the lightin · from spilling onto the residents' properties. // / _,,/ /' Tanner stated the fenc would be six feet tall .to match what currently exis McMillan commented she w ld like to see the issues with the light'n{addressed as well as the aesthetics of the building. White commented the City attempts to 1-imit artificial lightin , especially by the lake. / McMillan stated she would like to see more specificy..,&;'nceming the improvements to the building and what the end result will look like. McMillan st~1>el'she would also like to know what will be done to the lighting to address the concerns raised tonigy , ' Bremer commented the applicant's persi ence with the ap'p ication shows his desire to operate the bowling center and that s.he is gl7 e some progress being ade on the application. . . McMillan noted the apphcant'~)me penod expires at the end of the mo:r:ith and that an extens10n will be needed if this application is Jt6t approved at the next council meeting. ~ Franchot stated give7 L ount of discussion that has been held on this matter ;'•he would like to see the applicant have all -li'.e issues addressed fully the next time the matter is heard so the c-0uncil is able to vote on the applicafon. ~:~.~%moved, Franchot seconded, to table Application #08-3381 , Barry Tanner, 3435 Sh.oreline D7, Conditional Use Permit. VOTE: Ayes 4, Nays 0. *7. #08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, 3825 CHERRY A VENUE -VARIAN CE -RESOLUTION NO. 5798 Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5798, a Resolution Granting Variances to the Orono, Minnesota, City Code Sections 78-1288 and 78-1608 (2). VOTE: Ayes 4, Nays 0. ~YOR/COUNCIL REPORT , ,·· •• .<'; White n~d foID).6-,mayor Gabriel Jabbow-'s mother died ·and suggested a card be se~t to him on ,tfe passing of rn :rp.other. ',,'-.. ·,.. , · , .... •• J ', ,, The Council welco ed Doug Francho~. to the City Council. . .- / PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o 'clock p.m. 2009 LEVY ADOPTION HEARING, Continued Adopt Final 2008 Levy Collectible in 2009 -Resolution No. 57?0 McMillan oved, Murphy seconded, to adopt RESOLUTION NO. 5790, a Re the Final Tax evy to Fund the 2009 Budget. VOTE: Ayes 4, Nays 0. b. Murphy moved, McMillan s onded, to adopt RESOLUTI r NO. 5791, a Resolution Approving the 2009 Budget_. VOTE: Ayes Nays 0. c. Rahn moved, Murphy seconded, t N NO. 5792, a Resolution Approving the 2009 Special Revenue Funds Budget . VOTE: a s 0. COMMENTS-LOREN SCHOE ~EIT, REPRESENTATIVE nothing to report but would be available for questio .. PUBLIC ZONING ADMINISTRATOR'S REPORT 5. #08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN , 3825 CHERRY A VENUE-VARIANCE Carl Smith, Boyer Builders, and Amy Herman , Applicant, were present. Turner stated the applicant is requesting a hardcover variance to allow 29.5 percent hardcover in the 75- 250 foot zone in order to construct a garage and living space addition to the house . Approval of wetland buffer averaging and wetland setbacks for the addition are also being requested. Turner displayed an overhead of the existing house and proposed addition . Turner pointed out there is a SO-foot wetland buffer setback for the east wetland and a 16.5 foot buffer for the west wetland . Part of the buffer for the west wetland is located on this property. No impervious surfaces may be placed within a buffer. In addition , there is a 20-foot setback from the buffer for above -grade structures such as buildings or decks . Buffer areas are to remain undisturbed and relatively unmaintained. Turner displayed the applicant 's proposed buffer averaging plan . Turner illustrated the drainage divide between the two wetlands. John Smyth, the city's wetland consultant, has submitted a report indicating Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o'clock p.m. 5. #08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMA N, 3825 CHERRY AVENUE, Continued that the applicant's plan is not acceptable. Smyth is recommending, rather than utilizing buffer _averaging, that it would be more bel).eficial to improve a buffer area ten feet wide adjacent to the wetlands. The Planning Commission recommended approval of the hardcover variance subject to the 24-foot wide section of the addition being shifted two feet toward Cherry A venue and a permeable material being used for the driveway. The shed may remain but must be relocated to comply with setbacks. A revised plan by the applicant showing the change in the garage location and elevation and the relocated shed was submitted. Hardcover in the 75-250 foot zone was reduced from 30 .5 to 29.5 percent. Further , the Planning Commission recommended approval of the buffer averaging subject to , one, the applicant providing a plan, acceptable to the City's wetland consultant, showing where the buffer averaging would occur; and two , approval of buffer averaging conditioned on the applicant providing a plan acceptable to the City 's wetland consultant and elimination of the encroachment of the front sidewalk into the SO-foot impervious surface setback. Planning Staff recommends approval of a hardcover variance but without the shed, which would result in 28.47 percent hardcover in the 75-250 foot zone. In addition , Planning Staff also concurs with Mr. Smyth regarding the appropriate mitigation for the encroachments into the buffer setback. The addition is part of a remodeling of the whole house, so it is unlikely improvement of the buffers would be triggered in the next 20 or 30 y ears. Requiring improvement of a buffer area and/or rain gardens would mitigate for the · existing encroachment as well as for the proposed encroachment and would benefit the wetlands and the lake more than the existing situation. White asked what options were considered for eliminating the variance . Turner stated the option for eliminating the setback variances would have been to position the addition in a different location, which would have resulted in an increase in the hardcover due to the longer driveway being required . At the present time the property only has a single-car garage and the lowest opening into the house is at 932.4 feet , which barely makes the floodplain elevation from the lake. The wetland to the west has its own elevation requirements , which means that the lowest opening into the structure should be increased to 934 '. As a result, it would not be feasible to reconvert part of the basement back into garage . Murphy asked whether it would be possible to decrease the amount of hardcover in the driv eway at all. Turner stated she did not review that option thoroughly , but that given the angle of the driveway , it is likely the hardcover would notbe decreased by more than half a percent. Murphy commented the proposed plan is a substantial improvement over what cunently ex ists but that he would like to see the hardcover decreased if at all possible. McMillan asked what is meant b y improved buffer. Turner stated John Smyth is looking for a buffer with native vegetative plantings rather than just grass , which does not meet the definition of a wetland buffer. McMillan asked whether Smyth is suggesting the buffer be a certain width . Page 3 of 8 I- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8,.2008 7:00 o'clock p.m. 5. #08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND.AMY HERMAN, 3825 CHERRY A VENUE, Continued Turner stated Smyth is recommending 10 feet. McMillan asked whether anything would trigger the east wetland buffer given the location of the addition being located more on the west side. Turner stated the wetland buffer is triggered for a number of reasons. In this situation it is not , mainly because the addition is split between two wetlands and each buffer requirement is triggered separately. Turner indicated less excavating is required given the fact that the house needs to be raised 18 inches. Rahn commented the proposed addition and house are not that large and concurred that it would not be possible to relocate the addition in a better location . Turner stated the buffer of 16.5 feet is more of the absorption area and the 20 -foot buffer setback is considered more of a firebreak and also provides for some separation from the actual wetland buffer. Carl Smith , Boyer Builders, stated it was difficult to locate the addition given the building setbacks and the lake setback. Following subsequent surveys, it was discovered there was a wetland on the west side as well, which impacted their plan. They attempted to reconfigure the plan to try to mitigate the amount of soil disturbance, to avoid the setback buffer , and to minimize the footprint of tl.1e addition as much as possible. Smith commented this was a difficult lot to work with . McMillan asked whether the applicant is okay with the improved buffer. Amy Herman stated she is. Rahn asked whether she is also okay with removing the shed. Amy Herman state? they would remove the s_hed. White commented this lot is similar to a lakeshore lot and concurred that this is a difficult lot to work with. White stated the City has tei be strict with hardcover , particularly on a lakeshore lot, to help protect the lake and wetlands. Murphy stated in this type of situation as it relates to the driveway , he would like the applicants to consider utilizing a p~rvious mixture of materials to help with the runoff. Rahn moved, Murphy seconded, Application #08-3388, Boyer Builders on behalf of Matthew and Amy Herman, 3825, Cherry A venue, to direct Staff to draft an approval resolution requiring removal of the shed, a maximum hardcover of 28.4 percent, and consistent with the recommendations of Staff and John Smyth, wetland consultant. VOTE: Ayes 4, Nays 0. Page 4 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. ~ JASIN LARSIN, 2485 CRYSTAL PLACE, CONTINUED) / Schoenz~'1<.ang indicated they are both fine with providing parameters to the pp'licant since it would be reviewe y the Council prior to final approval. /_ . Schwingler stated if adequ ~direction is provided by the Planning Conµmssion and Staff feels the plan submitted later by the applica · s acceptable and can proceed forwa to the Council , he would be okay with approving the application ton · ht. Winer moved, Schoenzeit seconded, to r ~ommend ap_p-roval of Application #-08-3386, Jasin Larsin, 3485 Crystal Place, granting of a setback '7a (iance 0""permit the construction of a detached garage with lap siding similar to the house being reqil-~d on the garage, side walls being restricted to a height no greater than 9 foot, the garage doo li'ilein.g restricted to a height of no more than 7 foot, . and the pitch of the roof being limited to efmore tfia~ 12:12. VOTE: Ayes 4, Nays 2, Bennett and Berg Opposed. Berg stated since the applicant is r . uesting a five-foot variance , he would like to see a formal plan. *3. 08-3387 JEFF~KREAFLE ON BEHALF OF THE ~TA COUNTRY CLUB, 200 WAYZATA ~V ARD, CONDITIONAL USE PERMIT, 6:08 i>-~08 P .M. Schoenzeit ~d, Berg seconded, to approve Application #08-3387, Jeffrey Kre~ on Behalf of the Wayz Country Club, 200 Wayzata Boulevard, granting of a conditional use p rmit for a deck e ansion. VOTE: Ayes 6, Nays 0. 4. 08-3388 BOYER BUILDERS 0~ BEHALF OF MATTHEW AND...AM HERMAN, 3825 CHERRY A VENUE, VARIAN CE, 6:31 E..M. -7:32 P.M. Matthew and Amy Herman , Applicants, were present, along with Carl Smith, Boyer Builders . Turner stated the applicant is proposing to construct a garage and living space addition to the house and is requesting a hardcover variance to allow 30 .5 percent hardcover in the 75-250 foot zone when the maximum allowed is 25 percent. Approval of wetland buffer averaging is also requested. Turner displayed the layout of the property and the proposed addition The proposed addition would provide two additional garage stalls and an entry on the lower level. On the upper level would be a master suite and another bedroom. In conjunction with the addition, the upper level of the house would be extensively remodeled. The stairs would be relocated and the kitchen and living room expanded . Due to the topography of the lot , the basement would be counted as a story following construction of the addition. Turner noted the propo sed hardcover is 633 square feet more than what would be allowed rather than the 680 feet used in Staffs report . PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o 'clock p.m. (08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, CONT.) On the eastern portion of the property there is a wetland that is classified as a Preserve. The City 's wetland regulations require a 70-foot setback from Preserve wetlands for buildings and a SO -foot setback for impervious surfaces such as driveways and sidewalks . Part of the addition would fall within the 70- foot setback and a comer of the sidewalk would fall within the SO-foot setback. Located on the city property to the west is a wetland that is classified as a Manage 3 . This wetland requires a 36.5 foot setback for buildings and a 16.5 foot setback for impervious surfaces . Part of the addition would fall within the 36.5 foot setback. The proposed improvements may or may not trigger the requirement that the 50 and 16.5 foot setback areas be improved as buffers but the regulations do require any new buildings or structures observe the setbacks. There is a provision that allows for buffer averaging for existing surfaces and buildings but does not cover structures that are constructed after adoption of the ordinance . There would be the same amount of buffer on the property but it would be located differently on the property rather than being the standard dimension from the wetland. Planning Staff recommends the following: A. Approval of a hardcover variance conditioned on the following reductions in hardcover from proposed level: 1. The shed being removed from the property . 2 . The proposed addition being reduced in size and shifted closer to Cherry A venue. B. Approval of buffer averaging conditioned on: 1. The applicant providing a plan , acceptable to the City 's wetland consultant , showing where the buffer averaging would occur. 2. The elimination of the front sidewalk's proposed encroachment into the 50 foot impervious surface setback. Staff requests the Planning Commission discuss the size and depth of the proposed addition. Due to the situation of having to raise the floor elevation, some level of hardcover variance is justified in Staffs opinion , but recommends the Planning Commission determine whether 30 .5 percent hardcover is justified. Kempf asked where the wetland setback is located . Turner pointed out the location of the wetland setback and the wetland buffer area. Turner noted there is also a 20-foot setback for buildings from the edge of the buffer. Kempf asked if the area between the wetland setback and the edge of the wetland is the wetland buffer. Turner indicated it is . PAGE6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. (08-3388 OYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, CONT.) Kempf noted the majority of the driveway is located within the wetland setback. Curtis stated the setback from the edge of the buff er is a structural setback. Curtis indicated the location of the driveway is an acceptable encroachment in the wetland buffer setback. The goal with the 20-foot setback from the edge of the wetland buffer is to allow for yard space between what would be the wetland buffer and the edge of the home. Turner stated the brown areas on the survey are the encroachments. Kempf asked how buffer averaging would work and how that area would change. Turner stated the square footage of the buffer would be the same but would be located in a different area. Turner indicated the buffer could be 20 feet in one area and 65 feet in another. Bennett noted the proposed addition would be shifted closer to Cherry A venue, which would push it into the buffer zone. Turner stated the addition is already located in the buffer zone but that they are changing the positioning of the structure slightly within the buffer zone, which would reduce the hardcover slightly. Turner stated there is currently a two-foot offset between the 24-foot wide section of the garage and the 12-foot wide section of the garage, which could probably be increased to four feet. Carl Smith, Boyer Building, noted they have been working on these plans for a number of months and that they were initially unaware of the wetland buffer. A survey was completed , which depicted a wetland on the west side of the property as well as the east side, which further complicated their plans. They did meet with Planner Turner to determine a location that would have the least amount of impact to the setbacks but were also informed that the location of the wetland on the east side of the property constitutes a lake setback, which resulted in the property being shifted to a different zone that allowed less hardcover. Smith noted the existing house exceeds the hardcover by one percent and that they have attempted to minimize the hardcover on the lot as much as possible. Smith pointed out the location of the swale. Smith stated this was a difficult lot to work with but that they feel the proposed plan is the best plan they could come up with. Winer stated there are varying elevations listed on the survey and that the elevations range from 931.3 by the building setback line to 931.8 to 933 .7. Winer asked whether the elevations are correct. Smith stated the topography goes up and then comes back down again , with a crest in the property. Winer asked whether there are any issues with drainage. Smith illustrated the flow of the drainage and noted that the floor of the garage will be raised by 1.5 feet, which will enhance the drainage. Winer asked whether that would direct more runoff into the wetlands. PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17 , 2008 6:00 o'clock p.m. (08-3388 BOYER BllILDER&._QN _BEHALF OF MATTHEW AND AMY BERMAN, CONT .) Turner stated the city property is part of the storm drainage system and that it is probably acceptable to divert water to that area. Kempf noted the hardship documentation addresses the uniqueness of the lot and asked whether the applicant would like to address the hardships with the house. Smith stated given the layout of the present house , there is no true front entrance to the house and that it is necessary to gain access to the house through the basement. Smith noted the house is deteriorated and is in need of improvement. The existing garage is presently used for storage . Smith stated their proposal would resolve the issue of the entry to the house , increase storage , and improve the property. Kempf asked what would happen with the shed that is currently on the property . Smith stated the shed is located on city property and that he would be recommending to his clients that it be removed. Matt Herman indicated they would be willing to relocate the shed off of city property but that they would like to retain the structure if possible. Berg noted Staff is recommending that the shed be removed. Turner stated if the shed is retained , the hardcover would increase , which was the basis for Staffs recommendation for removal of the shed . Berg asked what the current square footage of the house is and what the proposed square footage is . Smith stated the dimensions are listed on one of the surveys and that it is his understanding the 1270 is the footprint of the ex isting house and the proposed addition would be 868 square feet. Chair Kempf opened the public hearing at 7 :07 p .m. Jim Martin , 3826 Cherry Avenue , stated he has discussed the project with the applicant and that he and his wife are in support of the project. Chair Kempf closed the public hearing at 7:07 p .m. Matt Herman stated they are attempting to improve their property and that their neighborhood is currently in transition , which they would like to be a part of. Herman stated the shed is in good shape and they w ould like to retain it if possible . Kempf commented this do es appear to be a hardship lot and that a hardcover variance to some degree is reasonable . Kempf stated the impact on Lake Minnetonka is very minimal from this lot and that it appears approximately 99 percent of the time the runoff from the lot is filtered through wetland. Kang asked whether averaging the wetland buffer would allow them to put the wetland buffer in a different area on the lot. PA GES t I ' / MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. (08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, CONT.) Turner stated that would be allowed and that the applicant would need to indicate where they plan to do the wetland buffering averaging. Turner pointed out that prior to this application proceeding to Council , Staff would determine whether the buffer setbacks would be triggered by this project. If there is a buffer needed on the east side, the applicants would lose most of the lawn. Kempf noted the main issue on this application is the hardcover variance. Kempf stated in his view this is a perfect situation where pervious materials should be utilized as much as possible given the amount of wetlands on the property. Kempf stated in his view a small portion of the driveway could be shifted to the west, out of the buffer. Berg pointed out that is existing driveway and not proposed. Turner stated the applicants could choose to shift it over if buffer averaging is required. Kempf asked whether the current driveway is paved. Matt Herman indicated it is gravel. Kempf noted there is 30 .5 percent hardcover without the shed being included in the calculation. Bennett asked if the applicants are agreeable to moving the house forward. Smith stated in his view there is room to relocate a portion of the house slightly and that they would look at that. Kempf asked whether the entire addition would shift two feet toward the street. Smith stated if the entire addition were shifted , there would be no net gain in the hardcover. Turner stated the east comer of the addition is as close to the buffer setback as possible and that a portion of the garage could be pulled forward. Smith illustrated on the overhead the exact portion that would be moved forward. Turner noted it would be approximately 50 square feet. Winer asked if the wetland average calculation includes the lot on the lake. Turner indicated it is not included. Turner stated the driveway is allowed in the buffer setback and would not change the amount of buffer that is being encroached upon . Kempf stated in his view this is a hardship lot and that the impact of the 75-250 foot zone is minimal on Lake Minnetonka . Kempf stated he is in favor of relocating the 24-foot portion of the garage forward and to shorten the depth of the garage to 26 feet, which would help reduce the hardcover. Berg noted they are also building above the garage. PAGE9 I I • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. (08-3388 BOYER BUILDERS O BEHALF OF MATTHEW AND AMY HERMAN, CONT.) Kempf stated the entire addition could be reduced. Bennett indicated she is in agreement with the comments of Chair Kempf and that the size of the addition could be reduced. Amy Herman noted the size of the house with the addition is approximately 2700 square, which is not very large for four people. Matt Herman indicated there is approximately 1600 square feet ofliving space currently. Smith stated the main level is 1200 and the footprint of the addition is approximately 800 square feet , which would give them approximately 2000 square feet ofliving space on the main level. Berg noted the footprint of the current house is 1270 square feet and the addition is 868 square feet. Matt Herman noted the size of their lot is approximately one acre. Kempf commented the Planning Commission has an obligation to review the hardcover on the lot and reduce it wherever possible to help protect Lake Minnetonka. Kang stated she is in agreement with relocating the 24-foot portion of the garage and concurred that this is a hardship lot. Schoenzeit stated he would be in favor of the proposed footprint in the new location. Schoenzeit moved to recommend approval of Application #08-3388, Boyer Builders on behalf of Matthew and Amy Herman, 3825 Cherry Avenue, subject to: One, Stafrs recommendations being complied with; two, the shed being removed; three, the 24-foot portion of the garage being relocated two feet closer to Cherry Avenue; four, compliance with the requirements for buffer averaging per City requirements; five, elimination of the front sidewalk encroachment; six, compliance with engineering and floodplain requirements; and seven, use of a qualified contractor to install the previous pavers. Berg asked whether the driveway portion that is highlighted in yellow should be eliminated. Schoenzeit stated that would be up to the discretion of the applicant. Winer stated she would like to see the hardcover calculations prior to construction and an actual survey of the existing home . Kempf asked whether those conditions could be satisfied at the Council meeting. Winer stated they could . Bennett indicated she is not opposed to the shed remaining as long as it is relocated off of City property. PAGE 10 • • • I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. (08-3388 BOYER BUILDERS ON BEHALF OE ATTHEW AND AMY HERMAN, CONT .) Turner noted it would need to be located 10 feet off the property line . Schoenzeit amended his motion to allow for the shed to remain but" to require it be relocated totally on the applicant's property, with the as-built survey updated. Schwingler seconded. VOTE: Ayes 5, Nays 1, Kempf Opposed. Kempf stated in the view the Planning Commission should follow the ordinances as much as possible. Bennett recommended the applicant consider incorporating the measurements of the rooms on their survey . PLANNING COMMISSION COMMENTS 5. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDI]NG COUN MEETINGS OCTOBER 27, 2008, AND NOVEMBER 10, 2008 ~ Kempf reporte ~ the October 27 , 2008 City Council meeting, noting that the Co . cil received an update from Three l¾vers on the Dakota Trail and that the trails will be comple~f in the near future. In addition, there was som iscussion regarding maintaining the trail over 7he w 'nter months as well as a possible future connection "0 the Luce Line. . ' The Jacobs Mill development was · scussed as it relates to the new Hi fiway 12 corridor and the dissatisfaction that the residents 1n tha ~eighborhood have with the moval of a large number of trees. Further meetings are to be scheduled to di .cuss mitigation oftht.fuation. A discussion was also had regarding the burial o, utilities o~sco Point Road , with no formal decision being made by the Council on that item. ,, / Bennett reported on the November 10 th City Council ,· ee't" g, and noted that the bowling center application was tabled to allow the applicant time submit , ore detailed plans . Bennett stated in her view the _Planning Commission should require ~plicants on fu_ e applications submit_ detailed mformat10n on their proposals before procee ,fig to the Council. · e"ett stated the neighbors also expressed their concerns regarding the app · ation. "'- '\ Kempf commented in his view the Pla ing Commission did give pretty sp ~ applicant. Bennett indicated the Council ~nted detailed plans on the lighting and also requeste4_ that either the owner or the owner 's represep-(ative be present at the next meeting to confirm that the er is agreeable to the requested improvem7n ts . / \ Schwingler stated the aii licant did not research his lighting options prior to the Council meeti g and did not have professiona y designed plans for the parking and interior of the building, which the Couh~il indicated they wo fl like to review prior to approving the application . ~ PAGE 11 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Boyer Building 3435 County Rd. 101 Minnetonka MN 55345 ZONING FILE #08-3388 NOTICE OF COUNCIL ACTION DATE OF NOTICE: January 13, 2009 COPIES: Matthew and Amy Herman 3825 Cherry A venue Mound MN 55364 TYPE OF APPLICATION: Hardcover Variance DATE OF MEETING: December 8, 2008 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to have the owners sign the resolution at the City Offices (Monday through Friday 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than January 12, 2010. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. Date Application Received: 10/22/08 Date Application Complete: 11/10/08 Extended Review Period Expiration: 3/9/09 REQUEST FOR COUNCIL ACTION Date: January 12, 2009 Item No. Department Approval: Agenda Section: Zoning Administrator's Report Name: Evelyn Turner Title: City Planner Item Description: #08-3388 Boyer Building, 3825 Cherry Avenue -Variances -Resolution List of Exhibits: A. Wetland Consultant's Report B. Revised Planting Schedule The wetland buffer plan has been revised to be acceptable to John Smyth, the City's wetland consultant. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. Memorandum To: Evelyn Turner Project: 3B25 Cherry Avenue Date: 1/12/09 From: John Smyth, CWD Client: City of Orono Re: Wetland Ordinance Review-Review Submittals to Address Conditions of Approval File No: 139-0B000 A Landscape Plan dated December 12, 2008 that depicts the extent of wetland buffers and proposed species in the buffer was submitted by Norling's Lake Minnetonka Landscape Inc. on behalf of the Owner. The submittal of the plan was to show how the property owner proposes to mitigate for encroachment into the buffer setback. The extent and location of the proposed buffer meets the requirements of the condition of the variance. A few of the species proposed in the December 12, 2008 submittal were aggressive invasive species that were not acceptable per the wetland ordinance requirements. Norlings Lake Minnetonka Landscape Inc. provided a list of proposed substitutions (dated: January 8, 2009). The attached proposed substitutions meet the requirements of the wetland ordinance. Norlings proposed a substitution of Vinca Minor with Black Eyed Susan (Rudbeckia Hirta) which is acceptable. Rudbeckia Hirta is an annual and is dependent on seed for re-establishment and as a result may be short lived. The applicant should be aware that we would also accept Rudbeckia Goldstrum which has the same look but is a perennial that would consistently re-establish itself. F:\Bonestroo Templates\STP\Memorandum.oot [CRW !l-2008] ♦eonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651·636-4600 Fax 651-636·1311 www.bonestroo.com Jan 08 09 03:35p Norling Lanr 'P8S 4711181 NO-RLING'S Bonestroo LAKE MINNETONKA LANDSCAPES, INC. January 8, 2009 2335 Hv.i-y. 36 W St. Pau1, Mn. 55113 P.O. Box 361> Spring Piu-k, MN 55384 (952)471-0255 Fax: (952) 471-1181 Attn. John Smyth Re:East and West wetland buffer revised, 13908000 3825~Cherry Ave. Mathew Amy Herman Mr.Smyt~ Please note the following plant changes, refer to previously submitted West wetland buffer planting plaa,12/12/08 Item C-Forget Me Not/delete. Item E-Red Clover/delete Item G-Vinca Minor/delete Item I-Astilbe/delete Item k-Savin Juniper/ delete Continued on Page 2 Alternate replacement-Aster> upland white Solidago Ptarmicoides Alternate replacement-American Vetch Vicia Americana Alternate replacement-Black E. Susans Rudbeckia Hirta Alternate replacement-Isanti Dogwood Comus Sericea Alternate replacement-Taylor Juniper Juniperus Virginaina Professionafly serving commercial and residential communiiies since J 97 4 p.2 Jan 08 09 03:35p Norling Lan' '!pes '4711181 East and West wetland buffer revised Page2 January 8, 2009 Please note the following plant changes, refer to previously submitted East wetland buffer planting plan, 12/12/08 Item D-Ornamental Grasses-Blue Joint, Cord, Tufted, Switch, Blue Stem Little, Fresh W. Cord/delete Altemate replacement-2 Bottle Brnsh Grass Elymus Trachycaulus 4 Switch Grass Panicum Virgatum Item A-Perennial Grasses, Sedges/delete Alternate repJacement- Monararda Fistulosa Rubeckia Virbena Has. Desmodium Cana. Agastache Foen. Aster Lsevis Zizia Aptera Elymus Virgin. Vici a Americana This Eastern buffer is in the 930.5 range with portions lower, a small percentage such as Scirpus Atrovirens, Carex Frankii and Carex Cristatella may also be a good choice I am available at 952-471-0255 and 612-919-3420 Sincerely, George Norling p.3 Date Application Received: 10/22/08 Date Application Complete: 11/10/08 Extended Review Period Expiration: 3/9/09 REQUEST FOR COUNCIL ACTION Date: January 12, 2009 ItemNo. 1, Department Approval: Agenda Section: Zoning Administrator's Report Name: Evelyn Turner Title: City Planner er Item Description: #08-3388 Boyer Building, 3825 Cherry Avenue -Variances -Resolution Zoning District: LR-lC (0.5 acre) Lot Area: 0.53 acre (including wetland) Lot Width: 151.43 feet List of Exhibits: A. Resolution per Council direction B. Wetland Buffer Plan C. Wetland consultant's report. Application Summary: The applicant requests a hardcover variance in the 75 to 250 foot zone and wetland buffer setback variances to allow an addition to the existing house. Background: On December 8, 2008 Council directed Staff to draft a resolution approving the hardcover variance without the shed and approving the wetland buff er setback variances, to be brought for consideration once a wetland buffer plan acceptable to the City's wetland consultant is provided. The plan provided requires minor changes that are in the process of being made. Removal of the shed reduced the proposed hardcover to 28.5 percent. COUNCIL ACTION REQUESTED If an acceptable revised plan has been received, adopt or amend the attached resolution. A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-1288 AND 78-1608(2) FILE NO. 08-3388 WHEREAS, Matthew B. Herman and Amy Herman, husband and wife, (hereinafter "Owners") are the owners of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 3, Crystal Bay View, according to the recorded plat therof, and That part of Lot 2, Block 7 lying west of a line drawn across it midway between the East and West lines thererof, Lot 3, and the north 45 feet of Lots 28 and 29, Block 7 Crystal Bay View, according to the recorded plat therof, and The 14.00 foot wide vacated alley lying south of said part of Lot 2, Block 7, lying west of a line drawn across it midway between the East and West lines thereof, Lot 3 and the north 45 feet of Lots 28 and 29, Block 7, Crystal Bay View, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Boyer Building Corporation has made application on behalf of the Owners to the City for a variance to Orono Code Section 78-1288 to allow hardcover in the 75 to 250 foot zone in excess of the allowed 25 percent; and WHEREAS, Boyer Building Corporation has made application on behalf of the Owners to the City for variances to Orono Code Section 78-1608(2) to allow a building within the required 20 foot setbacks from two wetlands; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on November 17, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3388. 2. The Property is located in the LR-IC zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The Property is approximately 0.53 acre (including wetland) in area and 151.43 feet in width. 3. The Planning Commission reviewed this application on November 17, 2008 and on a vote of 4 -2 recommended approval of the variances, based on the following findings: a. The presence of the lakeshore along the side of the lot rather than opposite the road is unusual and results in more of the property being within the O to 7 5 foot zone than is typical. b. The property has only a single-car, tuckunder garage. Converting more of the basement to garage is not feasible because of the need to raise the floor of the garage and the entry room by 1.7 feet to comply with floodplain regulations. c. To locate the addition outside the buffer setback would require additional hardcover. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owners but are necessary to alleviate a Page 2 of 5 demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Code Section 78-1288 to allow 28.5 percent hardcover within the 75 to 250 foot zone and a variance to Orono Code Section 78-1608(2) to allow a building within the 20 foot required setback from two wetlands, subject to the following conditions: 1. Council approval is based on the site and house addition plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 216 s.f. or 1.9% for the existing deck and retaining walls. Hardcover in the 75-250' zone shall be limited to 3,295 s.f. or 28.5% per the proposed site plan and hardcover allowance summary as depicted on Exhibit C. The owners are advised that any future requests to increase hardcover or change the nature of existing/ approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Wetland buffers shall be improved per Exhibit D. 4. By separate document the Owners shall grant the City a Flowage and Conservation Easement and Restrictive Covenant for Wetland and Wetland Buffer over the wetland and wetland buffer areas on Exhibit D. 5. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 6. Owners shall remove and not replace any plastic or fabric liner material under Page 3 of 5 any landscaping on the property to ensure their permeability as non-hardcover surfaces. 7. Authorities granted by this resolution run with the Property not with the Applicant or the Owners, but are permissive only and must be exercised by obtaining a building permit for the house addition before January 12, 2010 or the variances will expire on that date. 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of January, 2009. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Matthew B. Herman Amy Herman Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of ______ _ 20_ by Matthew B. Herman, husband of Amy Herman. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ 20_ by Amy Herman, wife of Matthew B. Herman. Notary Public Page 5 of 5 EXISTING CONDITIONS & PROPOSED ADDITIONS I I I I I I I L --- r_ uJl 1 LlJ (J /'1 \J J i \ { U.l ONOtlO ::10 All~ 9002 Z 2 180 03/\13!:>3};1 I ;• B I t ..L 0 ! t .. ""·----·== i ill .c:1 I ONOHO ::10 All~ 9002 Z Z 180 C31\13:l3H gr ,. :~ 1 --ii : ~~-·-) 1. : l::.~:. . .- :=·--·_. " . . . . / . j ' fl I ·~~' -l- -- MATTHEW HERMAN i-l ,fBll 3825 Cherry Ave. Oro no , MN 55364 C SATHRE-BERGQUIST , INC . JOB #3540-001-002 DECEMBER 15 , 2008 EXISTING HARDCOVER IN ZONE 0'-75' 0% LENGTH WIDTH AREA A. HOUSE X = S.F . X = S.F . X = S .F. X = S .F. B. GARAGE X = S .F. C . DRIVEWAY X = S .F. X = S.F . D. SIDEWALK X = S .F. X = S.F. E. PATIO/DECK Misc, X Misc. = 150 S.F . X = S.F. F. LANDSCAPE Misc , X Misc. = 1,206 S.F . X = S .F. X = S .F. G. RET. WALLS Misc , X Misc . = 66 S .F. X = S .F. X = S.F. H. OTHER X = S.F. TOTAL HARDCOVER IN ZONE: 0'-75' PROPERTY AREA IN ZONE 1,422 S.F . I 11,554 X 100 = 12.3% EXISTING & PROPOSED HARDCOVER IN ZONE 75'-250 ' 25% LENGTH WIDTH AREA A. HOUSE 27 .5 X 46 .2 = 1270.0 S .F. EXISTING BLDG. BLDG.ADDN. Misc . X Misc . 866 .0 S.F. NEW BLDG ADON. SHED X = S .F. TO BE REMOVED PLAYSET X = S.F . TO BE REMOVED X = S .F. B. GARAGE X = S.F. C . DR IVEWAY Misc. X Misc . = 913.0 S.F. NEW DRIVEWAY X = S.F. D. CONCRETE Misc . X Misc. = 47.0 S.F . NEW CONCRETE 4.5 X 5 = 22 .0 S.F . EXISTING CONCRETE E. PATIO/DECK Misc . X Misc . = 160 S.F. EXISTING DECK DEC. BRICK X = S.F. TO BE REMOVED F. LANDSCAPE X = S.F. TO BE REMOVED X = S .F. X = S .F. G . RET. WALLS Misc . X Misc . = 17 S .F. EXISTING RET . WALLS X = S .F. X = S .F. #3388 ' H . OTHER X = S.F . TOT AL HARDCOVER IN ZONE: PROPERTY AREA IN ZONE 3295 .0 S .F. I 11,574 X 100 = 28 .5% RECEIVED EXISTING & PROPOSED HARDCOVER IN ZONE 250 '-500' 30% EC 1 ·6 2008 NONE CITY OF ORONO I r ddress 4 111' N'I' This Is a schematic drawJng reflecting a dscape design, construction and planttng recommendations. Verify all dlmenslons/measurementS before project commencement. Furt.~er"• ~.~:ttall ·~·ay be n~~e~":~r'! for con~tructlon purpose. NORLING'S LAKE MINNETONKA UNDSCAPES, INC. P.O. Box 361, Spring Park, MN 55384 (952) 471-0255 Fax (952) 471-1181 Mr. and Mrs. Matt Herman 3825 Cherry Avenue Mound, MN 55364 West Wetland Buffer -Native Vegetation ~NDSCAPE CONSTRUCTION ,. Install silt fence (length 751 6" inside property line Cl Remove undesirable invasive species G Plant as per plan 0 Straw ~ulch cover all newly seeded and disturbed areas. If applicable, decomposable Excelsior erosion matt. PLANTINGS G A. Ostrich Fem (11) (14' X 3' & 4' X 41 o B. cardinal Dogwood (4) o C. Forget-Me-Not (Myosotis) (60) (7' x 10') o D. canada Yew (Taxus canadensis) (3) o E. Red Clover (seed) e F. American Highbush Cranberry (4) ¢ll G. Vinca Minor (24) (4' x 6') o H. River Birch Clump (1) o I. Astilbe (6) c J. Smooth Blue Aster ( 48) (6' x 81 o K. Savin Juniper (2) 0 L ·Ostrich Fern (10) (10'X41 o M. Glossy Black Chokeberry (4) @ N. Red Clover (seed) December 12, 2008 Professionally serving commercial and residential communities since 197 4 B I) e ,.,,,. -~~'?;. ~ ~·~,-·., _~ .. ~, (. ............ ,, C- c h?J: _\_ . , \:_ / .. • -. -!':f°jC' :.,,· :--- . 11',o''·.•·•• -\ _j'_· ·. , ':f I ----_ _..!.,· --~::...... ___ ~f' '-(J.f~ I f I I I t' ,g,, I I J:' ,, <ff' I I i I I --- NORLING'S LAKE MINNETONKA LANDSCAPES, !NC. P.O. Box. 361, Spring Park, MN 55384 (952)471--0255 Fru<(95l)47l-ll81 Mr. and Mrs. Matt Herman December 16, 2008 3825 Cherry Avenue Mound, MN 55364 East Wetland Buffer -Native Vegeflltlon LANDSCAPE CONSTRUC1'lON Q Install silt fence (length 125) 6' Inside property line Q Remove undesirable invasive species Cit Plant as per plan Cit Straw mulch cover all newly seeded and disturbed areas. If appflcable, decomposable ExcelSlor erosion matt ~ o A. Wetland Edge Seed Mix (plant varieties-see below) o B. Purple Coneflower {Echtnae;ea purpurea} o C. (3) Cedars (Eastern Red or Northern White) o D. (6) Ornamental Grasses eaiamagrotls canadensis-Bile Joint Grass Sparttna pectlnate -cord Grass Deschampsia cespltosa -Tufted Hair Grass Panicum v\rgatum -9Hltdlgrass Schlzachyrlum scopar!um-Utt1e Bluestem Spartina pectinata ~ Freshwater cordgrass) 0 E. Wild Golden Glow (Rudbed<ia ladnrala) o f. Existing plantings/vegetation o G. Homeowner hobby areas (3) H. River Birch Clump (1) L cardinal Dogwood ( 4) - Client Name Address Designer Address = 1' N't Wetland Edge Seed Mix Varieties Perennial Grasses/Sedges: carex lunda (BotttebMb Sedge) carex cristatella (erest:ed Oval sedge} carex frankll {Br!Stfy cattail Sedge) EleocllarlS palustrts (Great Spike Rush) Sc:J:rpus atrovirens (Dark Green Rush) Sdrpus valldus (Great Bulrush) fotbs: h::omus catamus (Sweet Flag) ~ias Inca.mate (Swamp MllkWeed) Pser puntceus (BriStlV Aster} Helenium autumnale (Sneezeweed} Hibiscus spp. (Rose Mallow -MIX) l.DbeUa s!phll\tk.a (Great Blue Lobelia) Thal!ctrum dasycarpum (Pllrple Meadow Rue) vennonla spp. (lronweed -MIX) Temporary Cover: Avena sattva (Cammon Om:) t.oium multlflarum (Annual Rye) l'. 0. Box 36 952-471-02 This Is a schematic: drawing reflecting ndsc:ap~ design, construction and planting ~commendations. Verify all dimensions/measurements before project commencement. Further detail rnay be necessary for construction purpose, I Fax Transmission To: George Norling Date: 1/7 /09 From: John Smyth, CWD -Orono Wetland Consultant Organization: Norling's Lake Minnetonka Landscapes Inc. Fax Number: (952) 471-1181 Our File No: 13908000 3825 Cherry Avenue Subject: Wetland Buffer Landscape Plan -Mathew and Amy Herman Property Mailed Original To Follow: D Yes X No Total Pages: Mr. Norling, I have reviewed the planting plan submitted for the Wetland Buffer of the above reference property and have the following comments: The location and extent of each buffer meets the requirements of the variance. The west wetland buffer includes a number of plants that do not meet the native requirement of the wetland ordinance and a few are aggressive invasive species. The plants that will need to be replaced in the planting plan include: Forget-Me-Not (Myosotis), Red clover, Vinca Minor, Astilbe, and Savin Juniper. The Savin Juniper could be replaced with a similar native species called juniperus virginaina 'Taylor' and there are native species of the Forget-Me-Not but we would need to know the genus and species name of the proposed plant. The eastern buffer has all acceptable plants and seed however the perennial grasses and sedge species are wetland plants and as a result may have a hard time competing in an upland setting. I have attached a list that includes a variety of upland native grasses and forbs (flowers) for your consideration. Please make appropriate plan modifications and resubmit. If you have questions contact me at (651) 604-4708. F:\Bonestroo Templates\STP\Fax Transmission.dot [CRW 9-2008] ,, ' ♦eonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Boyer Building 3435 County Rd. 101 Minnetonka MN 55345 ZONING FILE #08-3388 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 9, 2008 COPIES: Matthew and Amy Herman 3825 Cherry Avenue Mound MN 55364 TYPE OF APPLICATION: Hardcover Variance DATE OF MEETING: December 8, 2008 VOTE: 4 FOR 0 AGAINST Motion: To direct Staff to prepare a resolution approving a hardcover variance without the shed and wetland buffer setback variances, to be brought for consideration once a wetland buffer plan acceptable to the City's wetland consultant is provided. The next Council meeting is January 12, 2009. To be on this agenda a revised site plan, hardcover calculations and a buffer restoration plan must be submitted by December 16. The restoration plan must comply with Orono Code Section 78-1605(3), attached. Because it may not be possible to complete consideration of your request within 60 days of the date the application was complete (November 10, 2008) the City hereby extends the time allowed for consideration for an additional 60 days, until March 9, 2009. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. Excerpts from Orono Code Chapter 78 ARTICLE XI. WETLANDS PROTECTION 78-1601Purpose and Intent ( c) This article applies to, and wetland buffer areas must be created or existing buffer areas must be maintained around, a protected wetland located partially within, wholly within, or directly adjacent to the property in the following situations: ( 1) When the wetland is required to be replaced or restored, or when the wetland is being altered; (2) When new development occurs. For purposes of this subsection, new development means: a. Any subdivision that creates a new lot that has no principal structure on it; b. Construction of a principal structure on an existing vacant parcel of land; (3) When redevelopment occurs that has the potential to adversely impact a wetland. For purposes of this subsection redevelopment means the removal of the principal structure to the extent of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, wind, or vandalism; ( 4) When any construction or land alteration activity that does not fall within the meaning of 'redevelopment' has the potential to adversely impact a wetland. For purposes of this section, "the potential to adversely impact a wetland" exists when all of the following three conditions exist: a. The portion of the property disturbed by construction or land alteration activity drains to the wetland; and b. The amount of grading exceeds 50 cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area; and c. The redevelopment activity results in a net increase in the square footage of impervious surfaces that drain to the wetland, or results in the relocation of impervious surfaces closer to the wetland, or results in changes to drainage patterns (slopes, meander patterns, etc) that the city engineer determines will increase the velocity or rate of runoff to the wetland. For new development, all wetlands on the property shall be subject to the buffer requirements. For redevelopment or other grading or construction situations that are not new development, only the wetland that is potentially adversely impacted shall be subject to the buffer requirement. In Page 1 of 4 the event that the wetland is on an adjacent property but near enough to the subject property so that buffers to said wetland would extend into the subject property, the buffer requirements apply. Sec. 78-1605. Wetland buffer areas . (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland edge, and that occur in a natural condition or through restoration . Buffer areas consist of shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the city has issued a permit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a. A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten consecutive years, or b . An over story of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least ten consecutive years, or c. A mixture of the plant communities described in a. and b. above, which have been uncultivated or unbroken for at least ten consecutive years. (2) Unacceptable buffer areas have the following qualities, including but not limited to: a. Undesirable plant species (including but not limited to reed canary grass, common buckthom, purple loosestrife, leafy spurge and noxious weeds), or b. Lacking a layer of organic thatch or duff, or c. Topography which tends to channelize the flow of surface runoff, or d . Is characteristically unlikely to retain nutrients and sediment. (3) Buffer areas which have been broken or cultivated within the past ten consecutive years must be restored to a condition consistent with an accep_table buffer area defined in section 78-1605(b) 1~, a restoration or landscape plan must be submitted to the planning director , which restoration shall include replanting and maintaining according to each of the following guidelines: Page 2 of 4 a. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. b. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four and five species respectively. d. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre. e. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. f. Native prairie grasses and forbs shall be planted by a qualified contractor. g. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. h. All seeded areas shall be mulched immediately with clean straw at a rate of one and one-half tons per acre. Mulch shall be anchored with a disk or tackifier. 1. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. Sec. 78-1608. Standards. (2) Setbacks. a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope edge of the wetland buffer. Exceptions: Play structures (including sport court type structures), grade-level decks, patio slabs, driveways, sidewalks and parking lots. b. A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting section 78-1405(8) and other equipment that provides an essential public service. c. A setback from the buffer area is not required for fences or retaining walls. Page 3 of 4 (3) Nonconformities. c. Avoiding future nonconformities. In order to avoid the creation of future nonconformities, in situations where development, redevelopment or construction activity does not trigger the establishment of a buffer, the following setbacks shall apply: 1. All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in section 78- 1605( c) plus the required 20 foot buffer setback. 2. All new non-structural impervious surfaces and those structures listed as exceptions in section 78-1608(2)(a) above shall maintain a setback from the delineated wetland boundary equivalent to the width of the buffer area per the chart in [section] 78-1605(c). d. Buffer flexibility. Where existing structures or surfaces are located within an area that would be required for establishment of a buffer under this article, alternative methods of wetland protection may be approved by the city council to avoid creating unreasonable impacts on the existing use of a property. Such methods may include but are not limited to buffer width averaging, redirection of drainage to an area where buffer is feasible, use of rain gardens, cisterns or rain barrels, etc. (Ord. No. 28 3rd series, § 1, 8-22-2005) Page 4 of 4 Date Application Received: 10/22/08 Date Application Complete: 11/10/08 60-Day Review Period Expiration: 1/19/09 REQUEST FOR COUNCIL ACTION Date: December 8, 2008 ItemNo. S Department Approval: Agenda Section: Zoning Administrator's Report Name: Evelyn Turner Title: City Planner Item Description: #08-3388 Boyer Building, 3825 Cherry Avenue -Hardcover Variance and Buffer Averaging Variance Zoning District: LR-1 C (0.5 acre) Lot Area: 0.53 acre (including wetland) Lot Width: 151.43 feet List of Exhibits: A. PC Action Notice (corrected version) dated December 3, 2008 B. PC Memo & Exhibits ofNovember 17, 2008 C. Draft PC Minutes ofNovember 17, 2008 D. Revised Site Plan (preferred and alternate), submitted November 24, 2008 E. Revised Hardcover Calculations, submitted November 24, 2008 F. Additional Building Elevations and floor plans, submitted November 24, 2008 G. Memorandum from John Smyth, CWD H. Annotated Site Plan, prepared by Planning Staff I. Applicable code sections relating to wetland buffers and setbacks Application Summary: In order to construct a garage and living space addition to the house the applicants request a variance to have 29.5% hardcover in the 75 to 250 foot zone when the maximum allowed is 25%. Approval of wetland buffer averaging for the addition is also requested. Background: There is a wetland on the east edge of the property and a wetland on the property to the west (which is owned by the City). The east wetland requires a 50 foot buffer; the west one a 16.5 foot buffer. Part of the buffer for the west wetland is on this property. No impervious surfaces may be placed within a buffer. There is a 20 foot setback from the buffer for above-grade structures such as buildings or decks. Buffer areas are to remain undisturbed and relatively unmaintained. The setback allows for access around buildings, a fire break, and for a more traditionally landscaped area adjacent to the building. No impervious surfaces are proposed within the buffers. Part of the existing house and deck are within the east buffer setback; most of the proposed addition is within the buffer setbacks. Since the Planning Commission meeting it has been determined that the proposed project would not trigger the requirement that the buffer areas be improved to become functioning buffers. But the code requires the setbacks be observed for the addition. It would provide for buffer #08-3388 December 8, 2008 Page 2 of2 averaging for the portion of the existing house and deck within the setback. With buffer averaging same area of buffer is provided but the width of the buffer varies. To allow buffer averaging or other methods of mitigation for the addition would require a variance. Planning Commission Recommendation On November 17, 2008, Planning Commission voted 6 to 1 to recommend: A. Approval of the hardcover variance subject to the 24' wide section of the addition being shifted two feet toward Cherry A venue and a permeable material being used for the driveway. The shed may remain but must be relocated to comply with setbacks. A revised site plan showing the change in the garage location and elevation and the relocated shed was submitted. Hardcover in the 75 to 250/oot zone was reduced.from 30.5 to 29.5 percent. B. Approval of buffer averaging conditioned on: a. The applicant providing a plan, acceptable to the City's wetland consultant, showing where the buffer averaging would occur. A plan was submitted but it was not acceptable to John Smyth, the City's wetland consultant. b. The elimination of the front sidewalk's proposed encroachment into the 50' impervious surface setback. The revised site plan does this. Planning Staff Recommendation Planning Staff recommends approval of a hardcover variance but without the shed, since the property will have an oversized three car garage. This would result in 28.47% hardcover in the 75 to 250 foot zone. Planning Staff concurs with Mr. Smyth regarding the appropriate mitigation for the encroachments into the buffer setback. The addition is part of a remodeling of the whole house so it is unlikely improvement of the buffers would be triggered in the next 20 or 30 years. Requiring improvement of a buffer area and/or rain gardens would mitigate for the existing encroachment as well as for the proposed encroachment and would benefit the wetlands and the lake more than the existing situation. COUNCIL ACTION REQUESTED Direction regarding the hardcover variance, including the acceptable level, and regarding the wetland setback encroachment, including the appropriate mitigation measures, so Staff may prepare the resolution. ZONING FILE #08-3388 CORRECTED CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION TO: Boyer Building 3435 County Rd. 101 Minnetonka MN 55345 DATE OF NOTICE: December 3, 2008 COPIES: Matthew and Amy Herman 3825 Cherry Avenue Mound MN 55364 TYPE OF REQUEST: Hardcover Variance DATE OF MEETING: November 17, 2008 Planning Commission recommended: A. Approval of the hardcover variance subject to the 24' wide section of the addition being shifted two feet toward Cherry A venue and permeable material being used for the driveway. The shed may remain but must be relocated to comply with setbacks. B. Approval of buffer averaging conditioned on: 1. The applicant providing a plan, acceptable to the City's wetland consultant, showing where the buff er averaging would occur. 2. The elimination of the front sidewalk's proposed encroachment into the 50' impervious surface setback. VOTE: 6 FOR 1 AGAINST Applicant's next scheduled meeting tentatively* is: City Council-December 8, 2008 -Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. Date Application Received: 10/22/08 Date Application Considered as Complete: 11/10/08 60-Day Review Period Expires: 1/19/09 To: From: Date: Subject: Chair Kempf and Planning Commission Members Evelyn Turner, City Planner November 17, 2008 #08-3388 Boyer Building on behalf of Matthew and Amy Herman, 3825 Cherry Avenue -Hardcover Variance -Public Hearing Zoning District: LR-IC (0.5 acre) Lot Area: 0.53 acre (including wetland) Lot Width: 151.43 feet Application Summary: In order to construct a garage and living space addition to the house the applicant requests a variance to have 30.5% hardcover in the 75 to 250 foot zone when the maximum allowed is 25%. Approval of wetland buffer averaging is also requested. Staff Recommendation: Planning Department Staff recommends approval with conditions. Pertinent Zoning Ordinance Sections 78-1288 Hardcover 78-1608(3) (c) Wetland Setbacks List of Exhibits A. Application B. Hardship Documentation Form C. AreaMap D. Survey with Existing Conditions E. Survey with Addition F. Submitted Hardcover Calculations G. Building Elevations and Plans (Existing and Proposed) H. Photography provided by applicant I. Site Plan prepared by Staff showing wetland setbacks and encroachments Background This property is a lot plus parts of three others and a vacated alley in a very old subdivision. Joined to it as one tax parcel is another lot that has frontage on open water. By conditional use permit there is boardwalk across an unimproved portion of Cherry A venue and the wetland portion of the lake lot to provide dock access. Because the two lots are not contiguous, the lake lot is not included in any computations. #08-3388 November 17, 2008 Page 2 of 4 The house is a 1,294 square foot rambler with basement that is a walkout toward the east and north. The single-stall garage is in the basement. The house was constructed in 1958. At some point a portion of the garage was converted into an entry room. The only addition was the deck, which was constructed in 1991. The proposed addition would provide two additional garage stalls and an entry on the lower level. On the upper level would be a master suite and another bedroom. In conjunction with the addition the upper level of the house would be extensively remodeled. The stairs would be relocated and the kitchen and living room expanded. Because of topography after the addition the basement would be counted as a story. An additional full story could not be added to the house at some later time, only a defined half-story. Initially Planning Staff had been concerned about the elevation of the basement floor in relation to the 100 year flood elevation of Lake Minnetonka. It appeared that parts of it would have to be raised 0.1 feet to achieve the minimum 932.5 elevation. Late in the review process Plarming Staff realized the wetland to the west of the property has a 100 year flood elevation of 93 3 .1. The City Engineer indicates the lowest opening into the house must be no lower than 934.1. This will require the floor of the garage and entry room to be 1.6 to 1.7 feet higher than the existing basement floor. The remainder of the basement can remain as is although the existing door into the basement in the east will have to be eliminated. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre (non-wetland) 0.53 acre (including wetland) Lot Width 100 feet 151.43 feet Setbacks: Required Existin2 Proposed Cherry A venue 30' 42' 33' Rear 30' 75' 75' Lake (East) 75' 65' 65' (no change) West 10' 34.4' 34.4' East Wetland 70' building 54' 52' 50' driveway 49' 49' (no change) West Wetland 36.5' building 40' 19' 16.5 driveway 26' 23' Structural Coverage: Allowed Existing Pro osed 3,463 s.f. 15% 1,336 s.f. 5.9% 2,175 s.f. 9.4% Hardcover: Hardcover Total Area Allowed Zone in Zone Hardcover 0-75 11,554 s.f. 0 0% 75-250 11,574 s.f. 2,890 25% Total for 23,128 s.f. 2,890 Property * Not including any plastic or fabric under landscaping. Hardcover Variance Existing Hardcover* s.f. 216 s.f. 1.9 % s.f. 2,847 s.f. 24.6% s.f. 3,063 s.f. #08-3388 November I 7, 2008 Page 3 of 4 Proposed hardcover 216 s.f. 1.9% 3,527 s.f. 30.5% 3,743 s.f. A playset as well as a walkway totaling 284 square feet would be removed. The addition would add 868 square feet, the wider driveway 60 square feet and the new entry sidewalk would add 48 square feet. Proposed hardcover would be 680 square feet more than allowed. Wetland Buffer Averaging On the eastern portion of the property is a wetland that is classified as a Preserve. The City's wetland regulations require a 70 foot setback from Preserve wetlands for buildings and a 50 foot setback for impervious surfaces such as driveways and sidewalks. Part of the addition would fall within the 70 foot setback and a comer of the sidewalk would fall within the 50 foot setback. On the (City) property to the west is a wetland that is classified as a Manage 3. This wetland requires a 36.5 foot setback for buildings and a 16.5 foot setback for impervious surfaces. Part of the addition would fall within the 36.5 foot setback The proposed improvements may or may not trigger the requirement that the 50 and 16.5 foot setback areas be improved as buffers but the regulations do require any new buildings or structures observe the setbacks regardless. There is a provision that allows for buffer averaging for existing surfaces and buildings. Hardship Statement The applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship 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 undue hardship 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. Issues for Consideration #08-3388 November 17, 2008 Page 4 of 4 If this lot was a more typical lot with 100 feet of lakeshore and the street opposite the lakeshore, the area within the 75 to 250 zone would be 15,628. This would allow 3,907 square feet of hardcover. The addition could be placed on the west side of the house. It would not encroach into the wetland building setback but would require additional hardcover for driveway. In pre-application meetings the applicant and the owners spoke of the difficulties of the existing structure. This information is not included in the Hardship Documentation Form. The Commission should ask the applicant about these difficulties. The Commission should discuss the size of the proposed addition and if it could be reduced in size and still accomplish the owners' goals. Staff is inclined to think that a 28 foot deep garage is larger than necessary. Staff would also note that if the 24 foot wide portion of the addition was offset toward the street another two or three feet the amount of hardcover would also be reduced. The survey shows a shed that is partially on the Hermans' property and partially on the adjacent property. The owner of the adjacent property (the City) intends to require the shed be removed from its property. If the shed is relocated to the property there would add around 100 square feet of hardcover. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends: A. Approval of a hardcover variance conditioned on the following reductions in hardcover from proposed levels: 1. The shed being removed from the property. 2. The proposed addition being reduced in size and shifted closer to Cherry A venue. B. Approval of buffer averaging conditioned on: 1. The applicant providing a plan, acceptable to the City's wetland consultant, showing where the buffer averaging would occur. 2. The elimination of the front sidewalk's proposed encroachment into the 50' impervious surface setback. All subject to submission revised house plans and a grading plan reflecting a minimum basement floor elevation of932.5 and a lowest opening of 934.1. City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # 08-3 "38 S Date Received: L0/2 z (00 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: Staff: El ·,/Fee __ .... e,'!-Afi!\1e: ;::::::;$6~ofr--:) __ _ LRet,ewa1:-$250 ----,------- A ft er -the-fact: $1,200 Double Fee P.O. Box66 Crystal Bay, MN 55323-0066 Escrow Fee: $600 / $2,500 · This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: °5 '° "2-6;-CH E12'J?-~t I;•~ Ve'. Property Identification Number (PIN): o ~ • t t 7 , 1, 7:, , 1, ~ , o o SCI Date Property Acquired (month/year): ~ / 41\ g □ Yes, I own the adjacent parcels. Zoning District: t,.,, ,~ , \ c... APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: Bo YEl::.. 'BL, l LD I i....:..l r'.o Phone (home): Phone (work): Complete Address: 3.d'<3 s; (cui...1:·-r'f t2_D, ~ I ti \ City, State & ZIP \-'1 1 i,,,.t u E '7 o 11--1 lC 4 l'-"t 1,..,\. S ~:::i'"~4c-S Email: c:_ ,;,\ 8 6 o,;12 v-h .__ ,1 I d; '1 ci , r b VV°\ Fax: q S."'2. , 4 7 S-, "2.0 o S ----~--='--,f-------"''---'--'-'-----,,,r+-• -'--'--"'---'--- '• OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: r=-'1 tiTt·: EVJ -~ ,A ~1 ty-~ 2,7 lr1 A k/. Phone (home): c1 s '-, 1"7 ! , 1, -"''f-~ Phone (work): Complete Address: '":3. ~ '2. ~ <:\.--1 ~ic il '~ Ave , City, State & ZIP O\'c..o ""t D H "'4-S. S '1,b {:' .. Email: ___________________ Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): -14 - RECEIVED OCT 2 2 2008 CITY OF ORONO #33 REQUIRED SUBMITTAL$: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information req.uired or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be · sued. Applicant's Signature: Date: 10,cl_• ofj Applicant's Signature: Date: Owner's Signature: Date: Owner's Signature: Date: -1s -OCT 2 2 CITY OF ORONO ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM 1 (we) Mcr~+ 1 A r"'l ti Hc.•~4......-,_ of [print name(s] 1'i'2..S c_\-~r-r j A.u~, o~-..0 1 M [print addres ] have reviewed the plans for the proposed improvement or proposed use of the property loccjted at S~ o.r Cl.bcu~ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and at the proposed neighbor's project or use requires Council approval. Propert Owner / Date ~~ q3°roperty Owner re: ********************************************************************************************************************************* I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) arri (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application , please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - RECEIVED OCT 2 2 2008 CITY OF ORONO #3388 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: · 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." A i...1y A oti ,71 01-1 "'1F ~•i;.·1,.1 .. t: .,,, "·,,,Lt· LJ;;,; ~:-1 :S A-FFt, c:~,·;>£;:;, ~ 't 1--·l ,M.:L;;; c Dvt:e, 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." "11-ls::. PfZ..oi>i:::1,:r(:' HI-.<; l::::)Z-i-f'.Aol'Z-DlN../'itt'r ws:::'1· LA1-+i:, ,.,,· H,,"72:.Cd'.'.o\.'.l:::"'e'..,, 3. "The variance, if granted, will not alter the essential character of the locality." 'i',-1. 1': ;';. b t:. \''Tl D 1-cl ...,..., l L•~-l 1-\. P/2oVE' J',,_\-c: (. H ,',cer'\ c=r· ~ 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.,. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." -~ A t--t. E.-!,j ~ ~ RECEIVED OCT 2 2 2008 -17 -CITY OF ORONO #3 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." -,•'f4E1.-' i ((~ P'C: t: ( I AK'._ To P' /Z.b1~\'Z.'t'"'r- 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." i-to 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): -18 - H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 16 j 17 ) (18 ) l1 l (Z91 \ I 08-11 7 -23-3-4 I I (30 ) (3) I l -~--::-.:_ -_ --'_.-<1 II _b _)LI-;:-:---;[ -;:;:]-.;::;::-;::;:!--,!~'1:---_J,==~====t==-~/..JI J ..__ ___ l'I t•I l"J •~c l 1 -117 -23-22 l i For more i nformati on contact : Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis. i nfo@co. hennepi n. mn . us Map Comments: -Type Comments Here - (47 1 45 l l I ~-' I( j I Print Date: 10/21/2008 Map Scale: 1" = 165' Buffer Size: 150 feet 17-1 ~ ! I ) ;.23-21 I~ ~r (30 ) !y /Jo I I Vl,-! I Map Legend : Wa.t.er P,uk Pa.reel ( 12 ) D Buffer Re~ion Select.ed Pa.reels (11) PC Exhibit C -.... ,!,2) . '·, . ...!~,--' -.... ___ _ ( l Major Roads Minor Roads RECEIVED OCT 2 2 2008 CITY OF ORONO #3388 20 10 LEGEND NORTH 0 10 20 40 SCALE IN FEET AC BFE BEE CP CONC EO GFE GYW OHU SMH UP WET A-1 • 0 7 S' 61-1\AI s<i.Jl?r-ic.1< l '4"" (l w,. !>Is lo'( Ct t.-i S. h,:i.~) Denotes Air Conditioning Unit Denotes Basement Floor Elevation Denotes Building Entrance Elevation Denotes Control Point Denotes Concrete Surface Denotes Electric Outlet Denotes Garage Floor Elevation Denotes Guy Wire Denotes Overhead Utility Line Denotes Sanitary Manhole Denotes Utility Pote Denotes Wetland Delineation/Flag Identifier Denot.es Existing Contour Denotes Found Monument -As Denoted Denotes 1/2" by 14" Iron Pipe Set and Marked by License No. 40344 Denotes drainage and utility easement per Document No. 2213404 EXISTING CONDITIONS 30 ' ? )~· .. ~~ ~:·:: . -:• ?:;.·.~~--~/:.~.- I I I ----_ _J DESCRIPTION OF SUBJECT PROPERTY Parcel One: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof: Hennepin County, Minnesota. Parcel Two: ThatpartofLot2, Block 7, lyingwestofa line drawn across it midway between the East and West lines thereof: Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VIEW, according to the recorded plat thereof: Hennepin County, Minnesota.. ,wd The 14.00 wide vacated alley lying south of said part of Lot 2, Block 7, lying west ofa line drawn across it midway between the East and West lines thereof, Lot3 and theNorth45 feetoflots28 and 29, Block 7, and CRYSTAL BAYVIEW, according totherecordedplatthereot: Hennepin County, Minnesota. *Vacated alley shown per City of Orono Resolution No. 2983 Recorded as Document No. 2213403 *"'Permanent Easement for Drainage and Utility pwposes shown hereon per Document No. 2213404 !lQ!!l§. This survey does not pwport tu show all underground utilities. The existing utilities shown are shown in an approximate way only. Toe contractor shall determine the exact location of any and all existing utilities before commencing wo.'.L. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilitiei.. Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. A title opinion was not furnished to the surveyor. The subject property appears to lie within Zones X (Areas outside the I-percent annual c·!lance floodplain, areas of 1% annual chance sheet flow flooding where average depths are less than 1 foot, areas of 1 % annual chance stream flo'Xling where the contnbuting drainage area is less than 1 square mile, or areas protected from the 1 % annual chance flood by levees. No Base Flood Elevations or depths are shown within this zone. Insurance purchase is not required in these zones.) and AE, (Areas ~ith a 1 % annual chance offloooing and a 26% chance of flooding over the life ofa 30•year mortgage. In most instances, base flood elevations derived from 0etailed analyses are shown at selected intervals within these zones.), per the National Flood Insurance Program, Flood Insurance Rate Map Community l>mel No. 27053C0303E, dated September 2, 2004 as acquired from the Federal Emergency Management Agency Web Site. Zone AE Flood Elevation= 931.00 feet Areas : Parcel One: 10,821 Sq. Ft Parcel Two: 23,128 Sq. Ft Zoning and setback. information as provided by the Planning Department of the City of Orono: Zoning: LR-lC (Lakeshore Residential-Single Family) Setbacks: Front: 30 feet Rear: 30 feet Side: 10 feet Hardcover: 0-75 feet: 0% 75-250 feet 25% 250-500 feet 30% Wetland Classification• Preserve Setback· 50 feet Survey coordinate and bearing basis : Assumed Wetland(s) shown hereon is (are) per field location of stakes as set by Arrowhead Environmental on September 12, 2008. No modifications to this survey or sketch may be performed by any person other than the surveyor signing this certification or persons under his direct supervision. Benchmark: MnDot Geodetic Database Station #11195 -Station Name BR7258 -Southeast comer of County Road No. 51 bridge 7258 (Hendrickson Bridge)between Crystal Bay andNortb.Armoflake Minnetonka. Elevation: 947.18 Feet (NAVD88) EXISTING HARDCOVER O'· 75' Lmdsoapmg Deck• Rel.Wall- Total- 0'-75' Area· Hardcover% 1,206 Sq. Ft (undedayed with plastic) 150 Sq. Ft 66 Sq. Ft 1,422 Sq. Ft ll 554Sg.Ft 12.3% EXISTING HARDCOVER 75'-:SO' House/Garage• Driveway Concrete Surfaces· Decorative Brick - Deck: Landscapmg • Playset- Shed- Ret. Wall- 1,270 Sq. FL 945 Sq. FL 294 Sq. Ft 53 Sq.Ff. 160 Sq. Ft. 161 Sq. F<. (underlayed with plastic) 59 Sq. Fi. 37 Sq. Fl 29 Sq.Fi.. Total- 75'-250' Aiea Hardcover% 3,008 Sq. F1. ll 574Sg.Ft. 26.0% EXISTING HARDCOVER 250'-500" None I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor wider the laws of the State of Minnesota. Dated this 17th day of September, 2008. SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lie. No. 40344 r REVISIOl\i" Original Survey Dated DBP 9-17-08 Rev:New Addition/Hardcover DBP 10-22-08 Alley Vac. Doc. & 0/U Esmt DBP Per City Req. 11--07--08 .... r .... u 0 0 0 "r z co .... -... I-i CJ) en "' '° :::> '° z a ::;; (.9 I 0:: w co ~ I s: w 0 ..: 0:: 0 0:: I Ill I I-I-::, <( 0 en CJ) 0 ~ ,,, .... ol'S Sif-i¥ ,j,,j, tf -~ M'=' ~ ~:" 0- .. "', ill) ~ 1% cl f>tv3 o"c-s' DRAWN DBP CHECKED GRG DATE 09/17/2008 SCALE AS SHOWN JOB NO. 3540-001-002 FILE; CERTIFICATE OF SURVEY.DWG TOWNSHIP • RANGE · SECTION 08-117-23 HENNEPIN COUNlY BOOK: 174 PAGE, 35 SHEET 1 OF 2 ,) ... 20 10 NORTH 10 20 SCALE IN FEET 40 -•--7S 1 C. e..,vl'\. r \,v:>.-s I s Ad cle. d AC BFE BEE CP CONC EO GFE GYW OHU SMH UP v.t:TA-1 • 0 Denotes Air Conditioning Unit Denotes Basement Floor Elevation Denotes Building Entrance Elevation Denotes Control Point Denotes Concrete Surface Denotes Electric Outlet Denotes Garage Floor Elevation Denotes Guy Wire Denotes Overhead Utility Line Denotes Sanitary Manhole Denotes Utility Pole Denotes Wetland Delineation/Flag Identifier Denotes Existing Contour Denotes Found Monument ~ As Denot.ed Denotes 1/2" by 14" Iron Pipe Set and Marked by License No. 40344 r···· .. ········1 ·.·.·.·.·.·.·.·.·:.·.·:.·:.·. ................ ................ ·::.·.·.·.·.·::::.·.·:,·. Denotes drainage and utility easement per Document No. 2213404 -ii 2 " 0 ~ .l,J C? ,.... 0 -~ 0 z ,., ~ J U) 0 ,.... f 0 ;z ') -<.. 0 z J f -Ii /!? co 0 ~ 0 0 ~ Si . ,.... ~ -~ ,., U) 0 ,.... 0 Cl) 1 I I I I DESCRIPTION OF SUBJECT PROPERTY Parcel One: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof: Hennepin County, Minnesota. Parcel Two: That part of Lot 2, Block 7, lying west of a line drawn across it midway between the East and West lines thereo~ Lot 3 and the North 45 feetofLots 28 and 29, Block 7, CRYSTAL BAY VIEW, according to the recorded plat thereo~ Hennepin County, Minnesota. and The 14.00 \\<ide vacated alley lying south of said part of Lot 2, Block 7, lying west ofa line drawn across it midway between the East and West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, and CRY ST AL BAY VIEW, according to the recorded plat thereo~ Hennepin County, Minnesota. •Vacated alley shown per City of Orono Resolution No. 2983 Recorded as Document No. 2213403 0 Permanent Easement for Drainage and Utility purposes shown hereon per Document No. 2213404 ~ This survey docs not purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. Contact GOPHER STA TE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. A title opinion was not furnished to the surveyor. The subject property appears to lie within Zones X (Areas outside the I-percent annual chance floodplain., areas of 1 % annual chance sheet flow flooding where average depths are less than l foot,, areas of 1 % annual chance stream flooding where the contributing drainage area is less than 1 square mile, or areas protected from the 1% annual chance flood by levees. No Base Flood Elevations or depths are shown within this zone. Insurance purchase is not required in these zones.) and AE, {Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life ofa 30-year mortgage. In most instances, base flood elevations derived from detailed analyses are shown at selected intervals within these zones.), per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 27053C0303E, dated September 2, 2004 as acquired from the Federal Emergency Management Agency Web Site. Zone AE Flood Elevation= 931.00 feet Areas : Parcel One: 10,821 Sq. Ft Parcel Two: 23,128 Sq. Ft Zoning and setback infonnation as provided by the Planning Department of the City of Orono: Zoning: LR-IC (Lakeshore Residential-Single Family) Setbacks: Front: 30 feet Rear. 30feet Side: 10 feet Hardcover: 0-75 feet: 0% 75-250 feet: 25% 250-500 feet: 30% Wetland Classification -Preserve Setback· 50 feet Survey coordinate and bearing basis : Assumed Wetland(s) shown hereon is {are) per field location of stakes as set by Arrowhead Environmental on September 12, 2008, -----_J No modifications to this survey or sketch may be performed by any person other than the surveyor signing this certification or persons under his direct supervision. Bench.mad..: MnDot Geodetic Database Station #I 1195 -Station Name BR7258 -Sou.:heast comer of County Road No. 51 bridge 7258 (Hendrickson Bridge) between Crystal Bay and North Arm of Lake Minnetonka. Elevation: 947.1& Feet {NAVD88) EXISTING HARDCOVER 0'•75' Landscaping Deck - Ret.Wall- Total- 0'-75' Area • Hardcover% 1,206 Sq. Ft {underlayed with plastic) 150 Sq. Ft 66 Sq. Ft 1,422 Sq. Ft 1155489.Ft 12.3% I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State ofMinnesota. Dated this 22nd day of October, 2008. SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lie. No. 40344 EXISTING HARDCOVER 75'-250' House/Garage-1.270 Sq. Ft. Driveway -945 Sq. "'t Concrete Surfaces -294 Sq. Ft Decorative Brick - Deck Landscaping - Playset- Shed- Ret.Wall- Total- 75'-250' Area - Hardcover% 53 Sq.Ft. 160 Sq. Ft 161 Sq. Ft. (underlayed 'With plastic) 59 Sq. Ft 37 Sq.fl 29 Sq. Ft. 3,008 Sq. cl 11574Sg.J't 26.0% EXISTING/PROPOSED HARDCOVER 75'-250' House/Garage -1,270 Sq. ft Concrete Surfaces -22 Sq. Ft Deck: -160 Sq. :Ft Shed -37 Sq . .ft Ret.Wall-17Sq.Ft Total-1,506 Sq. Ft 75'-250' Area -11 574 Sq. ':'"t. Hardcover% 13.0% Bldg. Addn. -868 Sq. ft Driveway Addn.-1,105 Sq. Ft Cone. Addn • 48 Sq. f.!.. Total • 3,527 Sq. rt. 75'-250' Area -11 574 Sq Ft. Prop. Hardcover% 30.5% EXISTING HARDCOVER 2so·-soo· None EXISTING HARDCOVER 250•.500• Nooe NOV 1 0 2008 CITY OF OROt\JO , REVISIONS Original Survey Dated DBP 9-17-08 Rev:New Addition/Hardcover DBP 10-22-08 Alley Vac. Doc. & D/U Esmt DBP Per City Req.11-07-08 '\,, ~ >--~ ~ ~ 0 r/'J i:.: ~ ::1-sj- ~ 0 ~ ~B~ 0 ~ ~ gj ~ :g Cl ~ ~ ~ § s§ E-< < 0 <xl .i:: • ~ p... ~ t: u g u g;J ~ ti).,., 0 N ._. -p... ~ 00 0 ~ (") -~ ~ <t: ~ :::E u DRAWN .... DBP CHECKED GRG DATE 09/17/2008 SCALE AS SHOWN JOB NO. 3540-001-002 FILE: CERTIFICATE OF SURVEY.DWG TOWNSHIP • RANGE· SECTION 08-117-23 HENNEPIN COUNTY BOOK: 174 PAGE:35 SHEET 2 OF 2 ~ CX)· ; l'r\ l'r\ MATTHEW HERMAN 3825 Cherry Ave. Orono, MN 55364 SATHRE-BERGQUIST , INC. JOB#3540-001-002 OCTOBER 22, 2008 EXIST ING HARDCOVER IN ZONE 0 '-75' V7o' LENGTH WIDTH AREA I 2 , 3 o/o c!>\-1'"~\.. 11 > A. HOUSE X = S.F. C.c,yrt C G1, X = S.F. X = S.F. X = S.F. B. GARAGE X = S .F. C. DRIVEWAY X = S.F. X = S.F. D. SIDEWALK X = S.F. X = S.F . E. PATIO/DECK Misc , X Misc. = 150 S.F. X = S.F. F. LANDSCAPE Mis c , X Misc . = 1,206 S .F . X = S.F. RECEIVED X = S.F. G . RET. WALLS Misc, X Misc. = 66 S.F . OCT 2 2 2008 X = S.F. X = S.F. CITY OF ORONO H . OTHER X = S.F. TOTAL HARDCOVER IN ZONE: 0'-75 ' PROPERTY AREA IN ZONE 1,422 S.F. I 11,554 X 100 = 12.3% EXISTING & PROPOSED HARDCOVER IN ZONE 75'-250' 25% LENGTH WIDTH AREA A. HOUSE 27.5 X 46 .2 = 1270.5 S.F. EXISTING BLDG. BLDG. ADDN. Misc . X Misc . 868.0 S.F. NEW BLDG ADON. SHED Misc. X Misc. = 37 S.F. EXISTING SHED PLAYSET X = S .F. TO BE REMOVED X = S .F . B. GARAGE X = S.F . C. DRIVEWAY Misc. X Misc. = 1,105 S.F . NEW DRIVEWAY X = S .F. D . CONCRETE Misc. X Misc. = 48 S.F. NEW CONCRETE 4 .5 X 5 = 22 S.F. EXISTING CONCRETE E . PATIO/DECK Misc. X Misc. = 160 S .F. EXISTING DECK DEC. BRICK X = S .F. TO BE REMOVED F . LANDSCAPE X = S.F . TO BE REMOVED X = S.F. X = S .F . G . RET. WALLS Misc. X Misc. = 17 S.F. EXISTING RET. WALLS X = S .F. co X = S.F. H . OTHER X = S.F. co TOTAL HARDCOVER IN ZONE: PROPERTY AREA IN ZONE 3527.5 S .F. 11 ,574 X 100 = 30 .5% "" "" EXISTING & PROPOSED HARDCOVER IN ZONE 250 '-500' 30% NONE :ij: ONOt!O :10 A.LI:) 9002 Z Z 180 03J\13!>3H I / u ] w {J 1 --< l o1 w I rr ONO~O .:JO A.110 9002 l Z 180 03/U303H _J LU > tm _J - 0 I ONO~O :10 All~ 8002 2 Z 180 C13J\13!>3H -:.:. ------------~ ~ --------------- ,J .;,.~; 4. 4 ..) iR C r 0 "'!~ -t r l J 11 --1-~_J __ ' . ! -- 1 ' l \/ C r-, u f < rn RECEIVED OCT 2 2 2008 CITY OF ORONO 0 m -...;::: (l,I\ = 0 =- ·1-----==t ~~-=-·-~ I • ~----+· i· ;;-~. _,."'"""_ "' .. " il _I_ RECEIVED OCT 2 2 2008 CITY OF ORONO m 0 L H ir, '\ \ ', j . I I I ' ! 11 r; Ii Ii . I tj I J RECEIVED OCT 2 2 2008 CITY OF ORONO #3388 RECEIVED OCT 2 2 2008 CITY OF ORONO RECEIVED OCT 2 2 2008 CITY OF ORONO 932.9 " ■ ■ 5 < f!! ..... (/) a z < .= ., i EDGE OF WETLAND EDGE OF WETLAND BUFFER (IMPERVIOUS SURFACE SETBACK) EDGE OF BUFFER SETBACK (BUILDING SETBACK) EXISTING ENCROACHMENT INTO BUFFER SETBACK PC Exhibit I ' I 9.30.1 )\'ET. . . I .. w . 51 ::t . -~ " 0 .. :.r z .. di < .. <No ~ ••• q> ~ .to .. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. 2,.! and the pitch of the roof being limited to no more than 12 foot. VOTE: Ayes 4, Nays 2, Bennett and Berg Opposed. Berg stated since the applicant is requesting a five-foot variance, shew *3. 200 WAYZATA BOULEY ARD, CON IONAL USE PERMIT, 6:08 P.M. -6:08 P.M. Schoenzeit moved, Bergs onded, to approve Application #08-3387, Jeffrey Kreafle on Behalf of Club, 200 Wayzata Boulevard, granting of a conditional use permit for a deck expan · n. VOTE: Ayes 6, Nays 0. 4. 08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, 3825 CHERRY A VENUE, VARIANCE, 6:37 P.M. -7:32 P.M. Matthew and Amy Herman , Applicants, were present, along with Carl Smith, Boyer Builders. Turner stated the applicant is proposing to construct a garage and living space addition to the house and is requesting a hardcover variance to allow 30.5 percent hardcover in the 75-250 foot zone when the maximum allowed is 25 percent. Approval of wetland buffer averaging is also requested . Turner displayed the layout of the property and the proposed addition The proposed addition would provide two additional garage stalls and an entry on the lower level. On the upper l_evel would be a master suite and another bedroom. In conjunction with the addition, the upper level of the house would be extensively remodeled. The stairs would be relocated and the kitchen and living room expanded. Due to the topography of the lot, the basement would be counted as a story following construction of the addition. Turner noted the proposed hardcover is 633 square feet more than what would be allowed rather than the 680 feet used in Staffs report . PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. On the eastern portion of the property there is a wetland that is classified as a Preserve. The City's wetland regulations require a 70-foot setback from Preserve wetlands for buildings and a 50-foot setback for impervious surfaces such as driveways and sidewalks. Part of the addition would fall within the 70- foot setback and a corner of the sidewalk would fall within the 50-foot setback. Located on the city property to the west is a wetland that is classified as a Manage 3. This wetland requires a 36.5 foot setback for buildings and a 16.5 foot setback for impervious surfaces. Part of the addition would fall within the 36.5 foot setback. The proposed improvements may or may not trigger the requirement that the 50 and 16.5 foot setback areas be improved as buffers but the regulations do require any new buildings or structures observe the setbacks. There is a provision that allows for buffer averaging for existing surfaces and buildings but I t ThMlwcutd 0a.. n,e. sz-mt.... i:-rnev1i--o' does not cover structures that are constructed after adoption of the ordinance.' On the property but it b v J-,f vV' would be located differently on the property rather than being the standard dimension from the wetland. Planning Staff recommends the following: A. Approval of a hardcover variance conditioned on the following reductions in hardcover from proposed level: 1. The shed being removed from the property. 2. The proposed addition being reduced in size and shifted closer to Cherry A venue. B. Approval of buffer averaging conditioned on: 1. The applicant providing a plan, acceptable to the City's wetland consultant, showing where the buffer averaging would occur. 2. The elimination of the front sidewalk's proposed encroachment into the 50 foot impervious surface setback. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. Staff requests the Planning Commission discuss the size and depth of the proposed addition. Due to the situation of having to raise the floor elevation, some level of hardcover variance is justified in Staffs opinion, but recommends the Planning Commission determine whether 30.5 percent hardcover is justified. Kempf asked where the wetland setback is located. Turner pointed out the location of the wetland setback and the wetland buffer area. Turner noted there is also a 20-foot setback for buildings above grade, ilvl'Y\ l~.Q..; Q..,,dcpz_ 0 ~ ·thL 'v.)J&r Kempf asked if the area between the wetland setback and the edge of the wetland is the wetland buffer. Turner indicated it is. Kempf noted the majority of the driveway is located within the wetland setback. Curtis stated the setback from the edge of the buffer is a structural setback. Curtis indicated the location of the driveway is an acceptable encroachment in the wetland buffer setback. The goal with the 20-foot setback from the edge of the wetland buffer is to allow for yard space between what would be the wetland buffer and the edge of the home. Turner stated the brown areas on the survey are the encroachments. Kempf asked how buffer averaging would work and how that area would change. Turner stated the square footage of the buffer would be the same but would be located in a different area. Turner indicated the buffer could be 20 feet in one area and 65 feet in another. Bennett noted the proposed addition would be shifted closer to Cherry A venue, which would push it into the buffer zone. Turner stated the addition is already located in the buffer zone but that they are changing the positioning of the structure slightly within the buffer zone, which would reduce the hardcover slightly. Turner stated PAGE9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. there is currently a two-foot offset between the 24-foot wide section of the garage and the 12-foot wide Coule,( section of the garage, which wG-Uld probably nee4-te-be increased to four feet. Carl Smith, Boyer Building, noted they have been working on these plans for a number of months and that they were initially unaware of the wetland buffer. A survey was completed, which depicted a wetland on the west side of the property as well as the east side, which further complicated their plans. They did meet with Planner Turner to determine a location that would have the least amount of impact to the setbacks but were also informed that the location of the wetland on the east side of the property constitutes a lake setback, which resulted in thr~ being shifted to a different zone. ~~1"11-4//cu.uJ i e(f wav-c!cW"Y Smith noted the existing house exceeds the hardcover by one percent and that they have attempted to minimize the hardcover on the lot as much as possible. Smith pointed out the location of the swale. Smith stated this was a difficult lot to work with but that they feel the proposed plan is the best plan they could come up with. Winer stated there are varying elevations listed on the survey and that the elevations range from 931.3 by the building setback line to 931.8 to 933.7. Winer asked whether the elevations are correct. Smith stated the topography goes up and then comes back down again, with a crest in the property. Winer asked whether there are any issues with drainage. Smith illustrated the flow of the drainage and noted that the floor of the garage will be raised by 1.5 feet, which will enhance the drainage. Winer asked whether that would direct more runoff into the wetlands. Turner stated the city property is part of the storm drainage system and that it is probably acceptable to divert water to that area. Kempf noted the hardship documentation addresses the uniqueness of the lot and asked whether the applicant would like to address the hardships with the house. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. Smith stated given the layout of the present house, there is no true front entrance to the house and that it is necessary to gain access to the house through the basement. Smith noted the house is deteriorated and is in need of improvement. The existing garage is presently used for storage. Smith stated their proposal would resolve the issue of the entry to the house, increase storage, and improve the property. Kempf asked what would happen with the shed that is currently on the property. Smith stated the shed is located on city property and that he would be recommending to his clients that it . be removed. Matt Herman indicated they would be willing to relocate the shed off of city property but that they would like to retain the structure if possible. Berg noted Staff is recommending that the shed be removed. Turner stated if the shed is retained, the hardcover would increase, which was the basis for Staff's recommendation for removal of the shed. Berg asked what the current square footage of the house is and what the proposed square footage is. Smith stated the dimensions are listed on one of the surveys and that it is his understanding the 1270 is the footprint of the existing house and the proposed addition would be 868 square feet. Chair Kempf opened the public hearing at 7:07 p.m. Jim Martin, 3826 Cherry Avenue, stated he has discussed the project with the applicant and that he and his wife are in support of the project. Chair Kempf closed the public hearing at 7:07 p.m. Matt Herman stated they are attempting to improve their property and that their neighborhood is currently in transition, which they would like to be a part of. Herman stated the shed is in good shape and they would like to retain it if possible. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. Kempf commented this does appear to be a hardship lot and that a hardcover variance to some degree is reasonable. Kempf stated the impact on Lake Minnetonka is very minimal from this lot and that it appears approximately 99 percent of the time the runoff from the lot is filtered through wetland. Kang asked whether averaging the wetland buffer would allow them to put the wetland buffer in a different area on the lot. Turner stated that would be allowed and that the applicant would need to indicate where they plan to do the wetland buffering averaging. Turner pointed out that prior to this application proceeding to Council, Staff would determine whether the buffer setbacks would be triggered by this project. If there is a buffer needed on the east side, the applicants would lose most of the lawn. Kempf noted the main issue on this application is the hardcover variance. Kempf stated in his view this is a perfect situation where pervious materials should be utilized as much as possible given the amount of wetlands on the property. Kempf stated in his view a small portion of the driveway could be shifted to the~-i4tt.J ov-\-o\ l+tL b)~C,v Berg pointed out that is existing driveway and not proposed. Turner stated the applicants could choose to shift it over if buffer averaging is required. Kempf asked whether the current driveway is paved. Matt Herman indicated it is gravel. Kempf noted there is 30.5 percent hardcover without the shed being included in the calculation. Bennett asked if the applicants are agreeable to moving the house forward. Smith stated in his view there is room to relocate a portion of the house slightly and that they would look at that. PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. Kempf asked whether the entire addition would shift two feet toward the street. Smith stated if the entire addition were shifted, there would be no net gain in the hardcover. Turner stated the east comer of the addition is as close to the buffer setback as possible and that a portion of the garage could be pulled forward. Smith illustrated on the overhead the exact portion that would be moved forward. Turner noted it would be approximately 50 square feet. Winer asked if the wetland average calculation includes the lot on the lake. -\bP e,lC. ;,e,, Turner indicated it is not included. Turner stated the driveway is allowed in the buffer and would not change the amount of buffer that is being encroached upon. Kempf stated in his view this is a hardship lot and that the impact of the 75-250 foot zone is minimal on Lake Minnetonka. Kempf stated he is in favor ofrelocating the 24-foot portion of the garage forward and to shorten the depth of the garage to 26 feet, which would help reduce the hardcover. Berg noted they are also building above the garage. Kempf stated the entire addition could be reduced. Bennett indicated she is in agreement with the comments of Chair Kempf and that the size of the addition could be reduced. Amy Herman noted the size of the house with the addition is approximately 2700 square, which is not very large for four people. Matt Herman indicated there is approximately 1600 square feet of living space currently. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. Smith stated the main level is 1200 and the footprint of the addition is approximately 800 square feet, which would give them approximately 2000 square feet of living space on the main level. Berg noted the footprint of the current house is 1270 square feet and the addition is 868 square feet. Matt Herman noted the size of their lot is approximately one acre. Kempf commented the Planning Commission has an obligation to review the hardcover on the lot and reduce it wherever possible to help protect Lake Minnetonka. Kang stated she is in agreement with relocating the 24-foot portion of the garage and concurred that this is a hardship lot. Schoenzeit stated he would be in favor of the proposed footprint in the new location. Schoenzeit moved to recommend approval of Application #08-3388, Boyer Builders on behalf of Matthew and Amy Herman, 3825 Cherry Avenue, subject to: One, Staff's recommendations being complied with; two, the shed being removed; three, the 24-foot portion of the garage being relocated two feet closer to Cherry Avenue; four, compliance with the requirements for buffer averaging per City requirements; five, elimination of the front sidewalk encroachment; six, compliance with engineering and floodplain requirements; and seven, use of a qualified contractor to install the previous pavers. Berg asked whether the driveway portion that is highlighted in yellow should be eliminated. Schoenzeit stated that would be up to the discretion of the applicant. Winer stated she would like to see the hardcover calculations prior to construction and an actual survey of the existing home. Kempf asked whether those conditions could be satisfied at the Council meeting. Winer stated they could. PAGE 14 ML"l'ffiTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2008 6:00 o'clock p.m. Bennett indicated she is not opposed to the shed remaining as long as it is relocated off of City property . Turner noted it would need to be located 10 feet off the property line . Schoenzeit amended his motion to allow for the shed to remain but to require it be relocated totally on the applicant 's property, with the as-built survey updated. Schwingler seconded. VOTE: Ayes 5, Nays 1, Kempf Opposed. Kempf stated in the view the Planning Commission should follow the ordinances as much as possible. Bennett recommended the applicant consider incorporating the measurements of the rooms on their survey. PLANNING COMMISSION COMMENTS 5. REPORT OF PLANNING COMMISSION REPRESENT '.J'IVE;:;ENDING COUNCIL MEETINGS OCTOBER 27, 2008, AND NO Kempfreported on the October 27, 2008 City 9' ncil meeting , noting that the Council received an update from Three Rivers on the Dakota uail and that the trails will be completed in the near future. In addition , there was some discussi~~ding maintaining the trail over the winter months as well as a possible future connection to tl(e Luce Line . The Jacobs River ___ 2:t was discussed as it relates to the new Highway 12 corridor and the dissatisfactio~:~::::ts in that neighborhood have with the removal of a large number ofrrees. Fuz her ~ings are to be scheduled to discuss mitigation of the situation. A iscussion was also had regarding the burial of utilities on Casco Point Road , with no formal decision being made by the Council on that item . PAGE 15 20 10 --- 932.7 NORTH 10 20 40 SCALE IN FEET LEGEND AC BFE BEE CP CONC EO GFE GYW OHU SMH UP \\ET A-1 Denotes Air Conditioning Unit Denotes Basement floor Elevation Denotes Building Entrance Elevation Denotes Control Point Denotes Concrete Surface Denotes Electric Outlet Denotes Garage floor Elevation Denotes Guy Wire Denotes Overhead Utility Line Denotes Sanitary Manhole Denotes Utility Pole Denotes Wetland Delineation/flag Identifier ·-· 9ZO· -Denotes Existing Contour • Denotes Found Monument -As Denoted 0 Denotes 1/2" by 14" Iron Pipe Set and Marked by License No. 40344 Denotes drainage and utility easement per Document No. 2213404 Denotes Wetland Buffer Averaging Exchange Area -East Side D Denotes Wetland Buffer Averaging Exchange Ma -West Side EXISTING CONDITIONS & PROPOSED ADDITIONS I " I I - •9J0,7 0 0 ~ ~ " N .N ,,, 1/) 0 " ~ I I I ---_J -- l hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 24th day ofNovember, 2008. SATHRE-BERGQUIST, INC. David 8. Pemberton Licensed Land Surveyor, Minn. Lie. No. 40344 DESCRlPTION OF SUBJECT PROPERTY Parcel One: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat therco~ Hennepin County, Minnesota. Parcel Two: That part of Lot 21 Block 7, lying west of a line drawn across it midway between the East and West lines thereof. Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VlEW, according to the recorded plat thereof. Hennepin County, Minnesota. and The 14.00 wide vacated alley lying south of said part of Lot 2, Block 7, lying west of a line drawn across it midway between the East and West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, and CRYSTAL BAY VIEW, according to the recorded plat thereof. Hennepin County, Minnesota. •vacated alley shown per City of Orono Resolution No. 2983 Recorded as Document No. 22 13403 ••Pcrmaneot Easement for Drainage and Utility purposes shown hereon per Document No. 2213404 This survey does not purport to show all underground utilities. The existing utilities shown arc shown in an approximate way only. The contractor shall determine ihe exact iocation of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. Contact GOPHER STATE ONE CA.LL at 651-454-0002 for precise onsite location of utilities prior to any excavation. A title opinion was not furnished to the surveyor. The subject property appears to lie within Zones X (Areas outside the I-percent annual chance floodplain, areas of I% annual chance sheet flow flooding where average depths are less than 1 foot, areas of I% annual chance stream flooding where the contributing drainage area is less than I square mile, or areas protected from the 1 % annual chance flood by levees. No Base F1ood Elevations or depths are shown within this zone. Insurance purchase is not required in these zones.) and AE, (Areas with a I% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. In most instances, base flood elevations derived from detailed analyses are shown at selected intervals within these zones.), per the National Flood Insurance Program. Flood Insurance Rate Map Community Panel No. 27053C0303E, dated September 2, 2004 as acquired from the Federal Emergency Management Agency Web Site. Zone AE Flood Elevation ,.. 931.00 feet Areas : Parcel One: I 0,821 Sq. FL Parcel Two: 23,128 Sq. FL Zoning and setback. information as provided by the Planning Department of the City of Orono: Zoning: LR-IC (Lakeshore Residential -Single Family) Setbacks: Front: 30 feet Rear: 30 feet Side: 10 feet Hardcover: 0-75 feet: 0% 75-250 feet 25¾ 250-S00 feet: 30% Wetland Classification -Preserve Setback -50 feet Survey coordinate and bearing basis : Assumed Wetland(s) shown hereon is (are) per field location of stakes as set by Arrowhead Environmental on September 12, 2008. No modifications to this survey or sketch may be performed by any person other than the surveyor signing this certification or persons under his direct supervision. Bench.mark: MnDot Geodetic Database Station #l 1195 -Station Name BR72S8 -SoutheastcomerofCounty Road No. 51 bridge 7258 (Hendrick.son Bridge) between Crystal Bay and North Ann of Lake Minnetonka.. Elevation: 947.18 Feet (NAVD88) EXISTING HARDCOVER 0'-75' Landscaping - Deck- Rel Wall- Total - 0'-75' Area- Hardcover¾ 1,206 Sq. FL (underlayed with plastic) ISO Sq. FL 66 Sg. FL 1,422 Sq. FL 11,554 Sg. FL 12.3% EXISTING HARDCOVER 75'-250' House/Garage - Driveway Concrete Surfaces - Decorative Brick - Deck Landscaping - Playset- Shed- Rel Wall- Total- 7S'-250' Area - Hardcover% 1,270 Sq. FL 945 Sq. FL 294 Sq. FL 53 SCj. Fl 160 Sq. FL 161 Sq. FL (undcrlayed with plastic) 59 Sq. FL 37 Sq. FL 29 Sq. Fl 3,008 Sq. FL 11 574 Sg. FL 26.0¾ EXISTING/PROPOSED HJ.RDCOVER 75'-250' House/Garage -1,270 Sq. FL Concrete Surfaces -22 Sq. FL Deck-160 Sq. FL Rel Wall-17 Sq. Fl Total-1,469 Sq. Fl 75'-250' Arca -11,574 Sq. FL Hardcover% 12.7% Bldg. Addn.-866 Sq. FL Driveway Addn. -913 Sq. FL Cone. Addn-47 Sq. FL EXISTING HARDCOVER 250'-SOO" None EXISTING HARDCOVER 250'-SOO" None Shed -122 ~ -Existing shed being relocated Total-3,4 17 Sq. FL 75'-250' Area -I I S74 &j. FL Prop. Hardcover¾ 29.5% #3388 -· r RE\, t., .~J Original Survey Dated DBP 9-17--08 Rev:New Addition/Hardcover DBP 10-22--08 Alley Vac. Doc. & 0/U Esmt DBP Per City Req. 11 -07-08 Wetland Buffer Averaging DBP Rev. Hardcover. 11-24-08 '- 0 Ci co z = 0 w = ~ C'-.J er: -.:f'I 0 w ~ LL (..) w > 0 ~ C) >-:z: I- (.) , " >c ; ~ " IZl i:.: ::, st ~ 0 ~ ~B~ 0 ~ ~ gj ~ :g ~ ~ ~ ~ 5~ E-< ~ 0 g· ~ i:,... i:i:I ~ ~ "''rl 0 u N ._, -i:,... ~ 00 0 ~ "' ~ 22 < ~ ~ u \.. , DRAWN DBP CHECKED GRG DATE 09/17/200B SCALE AS SHOWN JOB NO. 3540-00 1--002 FILE: CERTIFICATE OF SURVEY.DWG TOWNSHIP -RANGE -SECTION 08 -117 -23 HENNEPIN COUNlY BOOK: 174 PAGE:35 \.. SHEET 2 OF 2 ., SCALE IN FEET ·uer-A\\ !?{}}:}:{) Denotes dramage and utili~ easement per Document No. 221)404 CJ Denotes Wetland Buffer Avcragmg Exchange Arca -East Side CJ Denotes Wetland Buffer Averagmg Exchange Arca -West Side I I I I -L ---- 20 10 NORTH 10 20 SCALE IN FEET 40 AC BFE BEE CP CONC EO GFE GYW OHU SMH UP \\£T A-1 Denotes Air Conditioning Unit Denotes Basement Floor Elevation Denotes Building Entrance Elevation Denotes Control Point Denotes Concrete Surface Denotes Electric Outlet Denotes Garage Floor Elevation Denotes Guy Wire Denotes Overhead Utility Line Denotes Sanitary Manhole Denotes Utility Pole Denotes Wetland Delineation/Flag Identifier -oeo -Denotes Existing Contour e Denotes Found Monument-As Denoted 0 Denotes in" by 14" Iron Pipe Set and Marked by License No. 40344 Denotes drainage and utility easement per Document No. 2213404 Denotes Wetland Buffer Averaging Exchange Area -East Side D Denot,, Wetland Buffer Averaging Exchange Arca -West Side EXISTING CONDITIONS & PROPOSED ADDITIONS I ,/ I --i.L 1 / 9J2.6 -· -/ -- ---~-- 9JV i I '( 931.1 KT 2-1 ··-··-··-.. __ _ --- I I t·~1i ,/ I -'17 I --~:i.....J__ I , -----L ..... ., '--' ------ •9JOJ 3() -" --gj ,-..: 0 "' ~LLJ 0 -~ 5 ,., "' It) 0 " 0 z ~ ~ ~ g -~ [ct " "' ·"' ,., It) 0 " 8? -. ., I -- I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 24th day of November, 2008. SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lie. No. 40344 I I I _J DESCRIPTION OF SUBJECT PROPERTY Parcel One: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel Two: That part of Lot 2, Block 7, lying west or a line drawn across it midway between the East and West lines thereof: Lot3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VlEW, according to the recorded plat thereof, Henne pin County, Minnesota. aod The 14.00 wide vacated alley lying south of said part of Lot 2, Block 7, lying west ofa line drawn across it midway between the East and West lines thereof, Lot 3 and the North 4S feet of Lots 28 and 29, Block 7, and CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota. •vacated alley shown per City of Orono Resolution No. 2983 Recorded as Document No. 22 13403 ••Permanent Easement for Drainage and Utility purposes shown hereon per Document No. 2213404 lfilm. This survey does not purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the ex.act location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. Contact GOPHER STATE ONE CALL at 651-454•0002 for precise onsite location of utilities prior to any excavation. A title opinion was not furnished to the surveyor. The subject property appean to lie within Zones X (Areas outside the I •percent annual chance noodplain. areas of I% annual chance sheet flow flooding where average depths are less than I foot, areas of 1 % annual chance stream flooding where the contributing drainage area is less than l square mile, or areas protected fro m the l % annual chance flood by levees. No Base Flood Elevations or depths are shown within this zone. insurance purchase is not required in these zones.) and AE, (Areas with a I¾ annual chance of flooding and a 26¾ chance of flooding over the life of a JO.year mortgage. In most instances, base flood elevations derived from detailed analyses arc shown at selected intervals within these zones.), per the Nation.al Flood Insurance Program. Flood Insurance Rate Map Community Panel No. 27053C0303E. dated September 2, 2004 as acquired from the Federal Emergency Management Agency Web Site. Zone AE Flood Elevation•931.00 feet Areas : Parcel One: 10,821 Sq. FL Parcel Two: 23,128 Sq. FL Zoning and setback information as provided by the Planning Department of the City of Orono: Zoning : LR-IC (Lalc.eshore Residential· Single Family) Setbacb: Front: 30 feet Rear: 30 feet Side: 10 feet Hardcover: 0-75 feet: 0% 75.250 feet: 25¾ 250•500 feet: 30¾ Wetland Classification • Preserve Setback: -50 feet Survey coordinate and bearing basis : Assumed Wetland(s) shown hereon is (are) per field location of stale.es as set by Arrowhead Environmental on September 12, 2008. No modifications to this survey or sic.etch may be performed by any person other than the surveyor signing this certification or persons under his direct supervision. Benchmark: MnOot Geodetic Database Station #1 11 95 -Station Name BR7258 • Southeast comer of County Road No. 51 bridge 7258 (Hendrickson Bridge) between Crystal Bay and North Arm of Lake Minnetonka. Elevation: 947.18 Feet (NA VD88) EXJSTING HARDCOVER0'-75' Landscaping• Dcck - Ret. Wall- Total• o•.75• Area· Hardcover¾ 1,206 Sq. FL (underlayed with plastic) 150 Sq. Fl 66 Sg. Fl 1,422 Sq. Fl 11554 Sg. Fl 12.3% EXJSTING HARDCOVER 75'-250' House/Garage• Driveway• Concrete Surfaces - Decorative Brick• Deck Landscaping • Playset• Shed- Rel Wall- Total- 75'•250' Area • Hardcover¾ 1,270 Sq. Fl 945 Sq. fl 294 Sq. fl 53 Sq. fl 160 Sq. Fl 161 Sq.FL(underlayedwithplastic) 59 Sq. Fl 37 Sq. fl 29 Sg. fl 3,008 Sq. Fl 11574 Sg. Fl 26.0% EXISTING/PROPOSED HARDCOVER 75'-250' House/Garage• 1,270 Sq. FL Concrete Surfaces -22 Sq. FL Deel: -160 Sq. fl Ret. Wall • 17Sg.FL Total -1,469 Sq. FL 75'-250' Area· I I 574 Sq. Ft. Hardcover ¾ 12.7% Bldg. Adrln. -866 Sq. fl Driveway Addn. • 913 Sq. FL Cone. Addn • 47 Sq. FL EXJSTING HARDCOVER 250'-500" None EXJSTING HARDCOVER 250'-500" None Shed . 122 Sg. FL • Existing shed being relocated To<al -3,417 Sq. fl 75'-250' Arca-11,574 Sg. fl Prop. Hardcover¾ 29.5% #3388 r REVISIONS " Original Survey Dated DBP 9-17--08 Rev:New Additior\lHardcover DBP 10-22--08 Alley Vac. Doc. & 0/U Esmt DBP Per City Req. 11 --07--08 Wetland Buffer Averaging DBP Rev. Hardcover. 11 ·24--08 \. ~ 0 00 z 0 = 0 w = c:--J 0::: ~ "<:f'l 0 w GN LL (.) 0 w > n::: C) >-:z: f- (_) r " >-i ~ " rfJ i:,: ::>-sr ~ 0 ~ ~5~ ~ ::i::: ~~~ 0 Cl ~ ~ ~ Cl~~ ~ " ~ t: a g" ~ "" ~ ~ ::i::: "'"' 0 u N ... -"" E--4 ooO ~ M -E--4 ~ ~ ~ u ~ r DRAWN "I DBP CHECKED GRG DATE 09/17/2008 SCALE AS SHOWN JOB NO. 3540--001--002 FILE: CERTIFICATE OF SURVEY.DWG TOWNSHIP -RANGE -SECTION 08-117-23 HENNEPIN COUNTY BOOK: 174 PAGE:35 SHEET 2 OF 2 \.. ~ --- oy ucense NO. 'fU.l£t'+ SCALE IN F~e;:r Denotes drainage and utility casement per Document No. 2213404 Denotes Wetland Buffer Averaging Exchange Area -East Side Denotes Wetland Buffer Averaging Exchange Area -West Side EXISTING CONDITIONS & PROPOSED ADDITIONS I JI -i l_ -- I I I I L -- MATTHEW HERMAN ·' 3825 Cherry Ave. Orono, MN 55364 ., ' ·. : ~ ·t •;:~ SATHRE-BERGQUIST , INC . JOB#3540-001-002 NOVEMBER 24, 2008 EXISTING HARDCOVER IN ZONE 0'-75 ' 0% LENGTH WIDTH AREA A . HOUSE X = S .F. X = S.F . X = S.F. RECEIVEfl X = S.F. B. GARAGE X = S .F. NOV 2 4 2008 C. DRIVEWAY X = S .F. X = S.F. CITY OF OR O·, D . SIDEWALK X = S.F . X = S .F. E. PATIO/DECK Misc , X Misc. = 150 S .F. X = S.F. F. LANDSCAPE Misc , X Misc. = 1,206 S .F . X = S .F. X = S .F. G . RET. WALLS Misc , X Misc . = 66 S .F. X = S .F . X = S.F . H . OTHER X = S.F. TOTAL HARDCOVER IN ZONE: 0'-75' PROPERTYAREAINZONE 1,422 S.F. I 11 ,554 X 100 = 12 .3 % EXISTING & PROPOSED HARDCOVER IN ZONE 75'-250' 25% LENGTH WIDTH AREA A . HOUSE 27 .5 X 46 .2 = 1270 .0 S .F. EXI STING BLDG . BLDG.ADON. Misc . X Misc . 866 .0 S .F. NEW BLDG ADON. SHED Misc . X Misc . = 122 .0 S.F. EXISTING SHED PLAYSET X = S .F. TO BE REMOVED X = S.F. B. GARAGE X = S .F . C. DRIVEWAY Misc . X Misc. = 913.0 S .F . NEW DRIVEWAY X = S.F . D . CONCRETE Misc . X Misc. = 47.0 S.F. NEW CONCRETE 4 .5 X 5 = 22 .0 S.F. EXISTING CONCRETE E. PATIO/DECK Misc. X Misc. = 160 S .F . EXISTING DECK DEC. BRICK X = S.F. TO BE REMOVED F. LANDSCAPE X = S.F. TO BE REMOVED X = S.F . X = S .F. G . RET . WALLS Misc . X Misc. = 17 S.F. EXISTING RET. WALLS X = S.F. #338 8 X = S .F. H. OTHER X = S .F. TOT AL HARDCOVER IN ZONE: PROPERTY AREA IN ZONE 3417.0 S.F. I 11 ,574 X 100 = 29 .5% EXISTING & PROPOSED HARDCOVER IN ZONE 250'-500' NONE i' J} l-1 I Li I LU [J rl LL I\ 1 1 .....,... I j I ill \j ....., .L 0 El' . - i== - l, w V I -,-; .ii ill [J '>, \ r < J of w "---...,I () I 711 tit ,, •' . :ffi .. -·" -· Im· , , I ' j. i ! I :i ,cJ.11.=-~~=-r,--, i . _ ; ~J cl __ {. ; ''\ \ -\ \ ·, \ -· 0 w \) ...-, .L µ] fJ ,o ill C:1 7_ <( \ .,L. CL 'LJJ 1 ;- <t J ~ w ' / G ~ -c ":i 0 ~ ~\ 3 \'-,, J . ~ \tS} . • ~ .i) 0 3 _, ,...a' t~1~ --(y~<'.: "i-<;-. --J d) --. . ·- ! ' ~ . fil_ l I ' #338 RECEIVED ,/--- u ] w J) /\) n1 - 0 --H ? J LJJ > cli m 1 _J ~~ ~~ Xo lll _J ------ _,.,... ,,,:>/ ,/_,, \~--\,// .SJ g /;:::~>-✓ ./··' ,,,,/'"' ,,.,,,,.,,.. .... ,... . ..,..✓ -· /_:;:::\_\/ __ ,._,..•·/~/_.,,../ \ ::J_;:.>·'° . . _.,... ' . ,,.-· \ <..) ] w {J . l _J w \ 0 /Jj V L ill D J) w nJ 7 f..., <!,_ r cJ ill I \\ \\~ \~ \ \ --;---:-_-\ ·~// ' \ \ \ \ ,<&2 1172 \ \ bl ~ ,<( fji. .( ~ e,I <l'. 0 I 4J u -1 , . fb i;) 0 \ . \ . . } ,• ·~,~-> ,., Y. ".\, ~ \· \ / t---~··•-· .. ·--·--~•·"--•·--··~" I 'r--- 1 I I ,--· 3 ,,. 0 / 't"I:~ ·~;~""=· ,_,.,,_, - ,,, C r-, \_4 A. 1 """ 0 0 -rv -----w ii v o'<l :::.- -, _j 1 w u1 0 '-/ \ji) w u_j _J N n \,;_. ijj 1 a 1 .JI ;· 0 w .J~ '<:i ll, <[ ' 0 / .._..... __.,. Ii) J_ w l t;;J A / (l_ l)l ij' w --J_ Memorandum To: Evelyn Turner Project: 3825 Cherry Avenue Date: 12/4/08 From: John Smyth, CWD Client: City of Orono Re: Wetland Ordinance Review File No: 139-08000 The submittals were reviewed for the above referenced project. The proposed project involves a building addition and driveway widening that are under 5,000 square feet in surface area and less then 50 cubic yards of disturbance. As a result the project is not subject to buffers around wetlands that are vegetated with native species (non turf). The wetland ordinance requires the applicant to meet a structural setback from the delineated wetland boundary equivalent to the width of the buffer (based on classification) and setback. The intent of this requirement is to insure that there is adequate space for a native buffer if there is a future improvement to the property that triggers this requirement. In this case there are two wetlands located on the property. The wetland located on the east side of the property has a preserve classification and requires a 70 foot setback and the wetland on the west side of the property has a Manage 3 classification and requires a 36.5 foot setback. The proposed structure encroaches into the setback of both wetlands and as a result requires a variance. The approach of the applicant to receive a variance involves determining the square footage of the area within the setback that the proposed and existing buildings occupy and shifting the square footage to other portions of the property. This approach appears to mimic buffer averaging as allowed under the wetland ordinance which is intended for replacement of a vegetated buffer but not a setback. The setback replacement locations are not adjacent to the wetlands and as a result may offer minimal benefits for wetland protection. Other mitigative measures such as a 10 foot buffer of native vegetation along the wetland to the west and extending the planting garden along the eastern wetland to provide a filter to the turf areas or rainwater gardens in select locations to capture runoff from the added impervious may be more appropriate. F:\Bonestroo Templates\STP\Memorandum.dot [CRW 9-2008] #Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com --- SCALE IN FEET £dctt. ot wJl2.o1 J -fdqt, oi 1~provtd ~ 4~ 5vqq,Glt.d by Johrt ~If~ O f-l 1,J -LA le.a. M 1 ~ l\<-kM l<A uy L1~u:..r;; nu. -.v.,'1'"1' At\Vlo~~r' S1 ~ Pf An GlEED r~ .;~ ~i"r~::.~;,:'.L~t:.£: ~ Denotes Wetland Buffer Averaging Exchange Area -East Side ~ Denotes Wetland Buffer Averaging Exchange Area -West Side EXISTING CONDITIONS & PROPOSED ADDITIONS I d / / ---I 1 ... ,_ -1 I --1·-L ' v IL)\/.;_i--;-A I ,;, -: -..i_1 --/ ' , '--f, f"iL. r'~" \/ I . ---I ..,/"i I ---~~J._ I --- I, , --L ----------- --"' z :::J .. 50.00 . ' Excerpts from Orono Code Chapter 78 ARTICLE XI. WETLANDS PROTECTION 78-1601Purpose and Intent ( c) This article applies to, and wetland buffer areas must be created or existing buffer areas must be maintained around, a protected wetland located partially within, wholly within, or directly adjacent to the property in the following situations: (1) When the wetland is required to be replaced or restored, or when the wetland is being altered; (2) When new development occurs. For purposes of this subsection, new development means: a. Any subdivision that creates a new lot that has no principal structure on it; b. Construction of a principal structure on an existing vacant parcel of land; (3) When redevelopment occurs that has the potential to adversely impact a wetland. For purposes of this subsection redevelopment means the removal of the principal structure to the extent of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, wind, or vandalism; (4) When any construction or land alteration activity that does not fall within the meaning of 'redevelopment' has the potential to adversely impact a wetland. For purposes of this section, "the potential to adversely impact a wetland" exists when all of the following three conditions exist: a. The portion of the property disturbed by construction or land alteration activity drains to the wetland; and b. The amount of grading exceeds 50 cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area; and c. The redevelopment activity results in a net increase in the square footage of impervious surfaces that drain to the wetland, or results in the relocation of impervious surfaces closer to the wetland, or results in changes to drainage patterns ( slopes, meander patterns, etc) that the city engineer determines will increase the velocity or rate of runoff to the wetland. For new development, all wetlands on the property shall be subject to the buffer requirements. For redevelopment or other grading or construction situations that are not new development, only the wetland that is potentially adversely impacted shall be subject to the buffer requirement. In Page 1 of 4 the event that the wetland is on an adjacent property but near enough to the subject property so that buffers to said wetland would extend into the subject property, the buffer requirements apply. Sec. 78-1605. Wetland buffer areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist of shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the city has issued a permit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a. A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten consecutive years, or b. An over story of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least ten consecutive years, or c. A mixture of the plant communities described in a. and b. above, which have been uncultivated or unbroken for at least ten consecutive years. (2) Unacceptable buffer areas have the following qualities, including but not limited to: a. Undesirable plant species (including but not limited to reed canary grass, common buckthom, purple loosestrife, leafy spurge and noxious weeds), or b. Lacking a layer of organic thatch or duff, or c. Topography which tends to channelize the flow of surface runoff, or d. Is characteristically unlikely to retain nutrients and sediment. (3) Buffer areas which have been broken or cultivated within the past ten consecutive years must be restored to a condition consistent with an acceptable buffer area defined in section 78-1605(b )(1 ), a restoration or landscape plan must be submitted to the planning director, which restoration shall include, replanting and maintaining according to each of the following guidelines: Page 2 of 4 a. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. b. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four and five species respectively. d. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre. e. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. f. Native prairie grasses and forbs shall be planted by a qualified contractor. g. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. h. All seeded areas shall be mulched immediately with clean straw at a rate of one and one-half tons per acre. Mulch shall be anchored with a disk or tackifier. 1. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. Sec. 78-1608. Standards. (2) Setbacks. a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope edge of the wetland buffer. Exceptions: Play structures (including sport court type structures), grade-level decks, patio slabs, driveways, sidewalks and parking lots. b. A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting section 78-1405(8) and other equipment that provides an essential public service. c. A setback from the buffer area is not required for fences or retaining walls. Page 3 of 4 (3) Nonconformities. c. Avoiding future nonconformities. In order to avoid the creation of future nonconformities, in situations where development, redevelopment or construction activity does not trigger the establishment of a buffer, the following setbacks shall apply: 1. All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in section 78- 1605( c) plus the required 20 foot buffer setback. 2. All new non-structural impervious surfaces and those structures listed as exceptions in section 78-1608(2)(a) above shall maintain a setback from the delineated wetland boundary equivalent to the width of the buffer area per the chart in [section] 78-1605(c). d. Buffer flexibility. Where existing structures or surfaces are located within an area that would be required for establishment of a buffer under this article, alternative methods of wetland protection may be approved by the city council to avoid creating unreasonable impacts on the existing use of a property. Such methods may include but are not limited to buffer width averaging, redirection of drainage to an area where buffer is feasible, use of rain gardens, cisterns or rain barrels, etc. (Ord. No. 28 3rd series,§ 1, 8-22-2005) Page 4 of 4 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Boyer Building 3435 County Rd. 101 Minnetonka MN 55345 ZONING FILE #08-3388 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 18, 2008 COPIES: Matthew and Amy Herman 3 825 Cherry A venue Mound MN 55364 TYPE OF REQUEST: Hardcover Variance DATE OF MEETING: November 17, 2008 Planning Commission recommended: A. Approval of the hardcover variance subject to the 24' wide section of the addition being shifted two feet toward Cherry A venue. The shed may remain but must be relocated to the comply with setbacks. B. Approval of buffer averaging conditioned on: 1. The applicant providing a plan, acceptable to the City's wetland consultant, showing where the buff er averaging would occur. 2. The elimination of the front sidewalk's proposed encroachment into the 50' impervious surface setback. VOTE: 6 FOR 1 AGAINST Applicant's next scheduled meeting tentatively* is: City Council-December 8, 2008 -Meeting starts at 7:00 pm *To remain on the December 8 meeting agenda submit a revised site/grading plan (showing the shed at least 10 feet from any property line and the house and not in the utility easement) as well as updated hardcover calculations and building elevations/plans by 4:00 November 24. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. City of Orono Date: November 24, 2008 To: John Smyth 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 From: Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Review of Buffer Averaging Plans 08-3388 Boyer Building 3825 Cherry AvenueVariance Please review the enclosed Wetland Buffer Averaging Plans to determine if they satisfy the ordinance requirement and if one is preferable to the other. It appears this project will not trigger a requirement they improve the buffer area but the code requires the buildings and impervious surfaces observe the required setbacks. This is scheduled for the December 8 City Council meeting. Please respond by December 4. I don't have a copy of the wetland delineation, just the notice from MCWD accepting the delineation. I've enclosed a copy. Evelyn M. Turner From: Sent: To: Evelyn M. Turner Tuesday, December 09, 2008 10:26 AM 'carl@boyerbuilding.com' Subject: Revised Herman plans Carl: John Smyth said that ideally he needs the plan by December 16. This is the code section. I've highlighted what needs to be included in the plan. John said there might be the possibility of some flexibility in this deadline, but I would need to discuss it with him. Sec. 78-1605. Wetland buffer areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist of shrubbery and trees, native grasses and/ or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the city has issued a permit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a. A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten consecutive years, or a. An over story of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least ten consecutive years, or b. A mixture of the plant communities described in a. and b. above, which have been uncultivated or unbroken for at least ten consecutive years. (2) Unacceptable buffer areas have the following qualities, including but not limited to: a. Undesirable plant species (including but not limited to reed canary grass, common buckthom, purple loosestrife, leafy spurge and noxious weeds), or b. Lacking a layer of organic thatch or duff, or c. Topography which tends to channelize the flow of surface runoff, or c. Is characteristically unlikely to retain nutrients and sediment. 1 (3) Buffer areas which have been broken or cultivated within the past ten consecutive years must be restored to a condition consistent with an acceptable buffer area defined in section 78-1605(b)(l), a restoration or landscape plan must be submitted to the planning director, which restoration shall include, replanting and maintaining according to each of the following guidelines: a. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. b. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four and five species respectively. d. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre. e. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. f . Native prairie grasses and forbs shall be planted by a qualified contractor. g. No fertilizer shall be used in establishing new buffer zones , except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. h . All seeded areas shall be mulched immediately with clean straw at a rate of one and one-half tons per acre . Mulch shall be anchored with a disk or tackifier. 1. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established , and at that time the fence shall be removed. Evelyn Turner 2 Evelyn M. Turner From: Sent: To: Subject: Carl: Evelyn M . Turner Tuesday , December 09 , 2008 8:44 AM 'carl@boyerbuilding.com' Revised Plans for Herman Project The next Council meeting isn't until January 12. I've contacted John Smyth about when he would need the wetland buffer plan to be able to complete his review before the meeting. His office is closed between Christmas and New Years so there won't be much time. I'll let you know as soon as I hear from him. Evelyn Turner City Planner City of Orono 952-249-4623 952-249-4616 (fax) 3 CITY OF ORONO PO BOX 66 CRYSTAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED #08-3388 CITY OF ORONO PO BOX66 AMPLAT:Z 38 08-117-23 33 0003 MARIA E AMPLATZ POBOX284 SPRING PARK MN 55384 T SS3 NFE 1 soec 00 11/09/09 RE"rURl'-.1 TO SENDER TEMPORAR%LY AWAY RETURN TO SENDER l , I , I , , I, I 111 I I 111 I .1 •• 11.11. 11 ll 111 , I I 111 II 11 , I I l 11 ll II I 1 , I , I CRYSTAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED #08-3388 38 08-117-23 34 0063 NANCY L BLAIR 5501 VILLAGE DR EDINA MN 55439 T ss~ OFA 1 A08C 00 11/09/08 RETURN TO SENDER TEMPORAR%LY AWAY RETURN TO SENDER ~UIU newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss . COUNT Y OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath , states or affirms that he is the Chief Financial Officer of the newspaper(s) know n as Plymouth , Wayzata, Orono Sun-Sailor and has full knowledge of the facts stated below: (A ) Th e newspaper has complied with all of the requirements constituting qualifica tion as a qualified newspaper as provid ed by Minn . Stat. §331A.02 , §331A .07 , and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week ; for~ successive week(s); it was first published on Thurs- day, the _6_ day of November 2008, and was thereafter printed and published on every Thursday to and in- clud in g Thursday, the ___ day of _____ · ___ , 2008; and printed below is a copy of the low er case alpha bet from A to Z , both inclusive , which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice : · abcdefghijklmnopqrs tu vwxyz Subscribed and sworn to or affirmed before me on this _6_ day of November , 2008. ~ddL '~ Notary Public I e MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1-31-09 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4 600 Fax (952) 249-4616 NOTICE The Planning Commission wi ll hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Mon day, November 17 , 2008 , beginning at 6:00 p.m . on the matter of reviewing the following land use applications: #08-3386 Jasin Larson , 34 85 Crystal Place, LR-1 C zon ing district , in order to construct a detached garage the ap plicant requests a setback va riance to place the garage five feet from the east property line when a 10-foot set back is required and to have hardcover in the 500 to 1000 foot zone in excess of th e allowed 35 percent. #08-3387 Jeffe ry Kreafle on behalf of Wayzata Country Club , Inc., 200 Wayzata Bouleva rd , RR-1 B zoni ng di strict , reque sts a conditional use permit amendment for an ex pansion of the deck on the north side of the main building. #08-3388 Boyer Bu ilding on beh alf of Amy and Matthew Herman , 382 5 Cherry Avenue , LR-1 C zoning district, re quests a var iance to have hardcover in the 75 to 250 foot zone in excess of the allowed 25 percent and approval of a buffer ave raging plan in order to constr uct an addition to the house. All persons wishing to be he a rd are encou raged to attend thi s meeting. Th is is not a final agenda and is subject to change prior to the hearing . Written comme nt s are ac cepted and should be sub mitte d to the Ci ty of Orono by November 12, 2008 if possible . Interested persons are encouraged to contact the City for further information . For an appointment , please call (952) 249-4620. City of Orono By : Planning Commission Me lani e Curtis, Plann ing & Zoning Coordinator (Nov. 6 , 2008) a2-Crysta IPlace CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #08-3388, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this y!h day of November, 2008. m/KL~J~ Monica 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 Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday , November 17, 2008 , beginning at 6 :00 p.m. on the matter of reviewing the following land use applications : #08-3386 Jasin Larson , 3485 Crystal Place , LR-1 C zoning district , in order to construct a detached garage the applicant requests a setback variance to place the garage five feet from the east property line when a 10-foot setback is required and to have hardcover in the 500 to 1000 foot zone in excess of the allowed 35 percent. #08-3387 Jeffery Kreafle on behalf of Wayzata Country Club , Inc., 200 Wayzata Boulevard , RR-1 B zoning district, requests a conditional use permit amendment for an expans ion of the deck bn the north side of the main building. #08-3388 Boyer Building on behalf of Amy and Matthew Herman , 3825 Cherry Avenue , LR-1C zoning district , requests a variance to have hardcover in the 75 to 250 foot zone in excess of the allowed 25 percent and approval of a buffer averaging plan in order to construct an addition to the house . All persons wishing to be heard are encouraged to attend this meet ing . This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by-November 12 , 2008 if possible . Interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4620. City of Orono By : Planning Commission Melanie Curt is , Planning & Zoning Coordinator To be published in the Sun Sailor on November 6 , 2008. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office Evelyn M. Turner From: Christine Mattson Sent: To: Friday , December 05 , 2008 10:28 AM 'carl@boyerbuilding.com' Cc: Evelyn M. Turner Subject: 3825 Cherry Avenue Hi Carl, Evelyn asked that I forward a copy of the council packet for 3825 Cherry Avenue to you. She doesn 't have an email address for Herman 's . If you have it and can forwarded it to them, it would be apprec iated . 083388 .pdf If you have any questions , please let me know. Ghristi/11,t Mattson Planning Assistant City of Orono 952 .249.4620 -Planning & Zoning 952 .249.4600 -Main 952 .249.4616 -Fax www.c i.orono .mn .us Office Hours : Monday -Friday 8:00 am to 4 :30 pm Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box 66 Crystal Bay , MN 55323-0066 1 Evelyn M. Turner From: Sent: To: Subject: Carl: Evelyn M. Turner Wednesday, November 19, 2008 9:59 AM 'carl@boyerbuilding.com' Herman Variance Application -Additional Information Request From the Council through the City Administrator, there is a request for a elevation drawings that show the existing house with the addition overlaid as well as a plan showing what parts of the existing house would be removed. Also, the revised site plan should show where the buffer averaging should occur. If there are any questions about how to do this have the surveyor contact me. Evelyn Turner 952-249-3423 1 Evelyn M. Turner From: Sent: Ralph kem pf@realtor.com [Ralph kem pf@mchsi.com] Monday , November 17, 2008 3:32 PM To: Subject: Thanks -----Original Message ---- From: Evelyn M. Turner Evelyn M. Turner Re : 3825 Cherry To: 'Ralphkempf@realtor.com' Sent: Monday , November 17, 2008 3:15 PM Subject: RE : 3825 Cherry I made a writing error: The sentence should be "Proposed hardcover in the 75 to 250 foot zone would be 633 square feet more than allowed . ,an arithmetic error: Allowed hardcover should be 2,891. square feet . ,and a used the wrong number error: I used existing hardcover instead of allowed hardcover when determining the overage. The hardcover (deck) in the Oto 75 is awkward. The perm it was issued for the deck using a survey that didn't show the location of the OHW whi le in another City file that was active about the same time there was a survey that showed the approximate location of the OHW. Evelyn From: Ralphkempf@realtor.com [mailto:Ralphkempf@mchsi.com] Sent: Monday, November 17, 2008 2:56 PM To: Evelyn M. Turner Subject: 3825 Cherry Hi Evelyn, page 3 of 4 on Matt Herman's app, first paragraph under "hardcover variance" heading says proposed hardcover is 680 more than allowed. The graph just above has hardcover allowed at 2890 and proposed at 3743, the difference being 853 ??? Thanks Evelyn, Ralph 1 Evelyn M. Turner From: Sent: To: Subject: Attachments: Evelyn Turner City Planner City of Orono 952-249-4623 952-249-4616 (fax) Evelyn M. Turner Tuesday , November 04, 2008 11 :40 AM 'carl@boyerbuilding.com'; David Pemberton Zoning Application 08-3388 -3825 Cherry Avenue admin_ci_orono_mn_us_20081104_ 125355.pdf 1 CITY of ORONO November 4, 2008 Boyer Building 3435 County Rd. 101 Minnetonka MN 55345 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #08-3388 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a Hardcover Variance for the Herman property at 3825 Cherry Avenue. The survey presented as part of the application notes that no documentation was provided to the surveyor regarding the vacation of the alley. This information must be provided to the surveyor so this disclaimer can be eliminated. (According to City files the alley was vacated by Resolution No 2983, which was recorded 11/1/1991 as document number 2213404(T). The survey should also show easements on the property including the Drainage and Utilities Easement recorded 11/1/1991 with the same document number. There may be other documents relating to the vacation.) Application #08-3388 is incomplete but complete enough to be considered by the Planning Commission on November 17 as long as the updated survey is received before the meeting. Please call me at 952-249-4623 should you have any questions. Evel n Turner City Planner cc: Amy and Matthew Herman David Pemberton (Sathre-Berquist, Inc.) Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Name and Address of Local Government Unit: Minnehaha Creek Watershed District, 18202 Minnetonka Blvd, Deephaven MN 55391 Name of Applicant: Matthew Herman Application Number: __ Type of Application (check one): D Exemption D No Loss D Replacement Plan D Banking Plan Project Name: 3825 Cherry Ave C8:J Wetland Boundary / Type Date of Decision: 9/30/08 Check One: C8:J Approved D Approved with conditions (see note on page 2 regarding use of wetland banking credits) D Denied Summary of Project/Decision (indicate exemption number per MN Rule 8420.0122, if applicable):A wetland boundary at 3825 Cherry Ave in Orono, MN, (PIN #08-117-23-33-0089) was delineated by Arrowhead Environmental Consulting. Two type 3 shallow marsh wetland basins were delineated on the site. The boundary as staked in the field and labeled in the delineation report dated September 18, 2008 is accepted by the MCWD. The boundary was verified in the field on September 26, 2008 by MCWD staff. List of Addressees: Landowner: Matthew Herman 3825 Cherry Avenue Orono MN 55364 Members of Technical Evaluation Panel: City of Orono P.O. Box 66 Crystal Bay, MN 55323 MNBWSR Lynda Peterson 520 Lafayette Road, 2nd Floor St Paul MN 55155 3825 Cherry Ave NOD.doc -Page 1 of2 10/02/07 Hennepin County Environmental Services Stacy Lijewski 417 N 5th St, Ste 200 Minneapolis MN 55401-3206 Watershed District or Watershed Management Organization (If Applicable): Minnehaha Creek Watershed District Department of Natural Resources Regional Office (select appropriate office): NW Region: NE Region: Central Region: Southern Region: Regional Director Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. 2115 Birchmont Beach Rd. NE Div. Ecol. Services Div. Ecol. Services Div. Ecol. Services Bemidji, MN 56601 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 DNR TEP Representative (if different than above) Jack Gleason DNR Waters 1200 Warner Road St. Paul, MN 55106 Corp of Engineers Project Manager@ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Individual members of the public who requested a copy, summary only Ben Carlson Arrowhead Environmental Consulting 2909 Meadow Lane Mound MN 55364 You are hereby notified that the decision of the Local Government Unit on the above referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0200 and 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ~ (For LGU staff decisions and decisions made without a public hearing, list name and address of LGU governing body or designated appeal body.) Minnehaha Creek Watershed District □ (For LGU decisions made after a public hearing) Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North 3825 Cherry Ave NOD.doc -Page 2 of2 10/02/07 18202 Minnetonka Blvd Deephaven MN 55391 St. Paul, MN 55155 NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicant proceeds at their own risk if work authorized by this decision is started before the appeal time period has expired. If this decision is reversed or revised under appeal the applicant is responsible for all wetland impacts. Signature Natalie White, District Technician Name and Title 3825 Cherry Ave NOD.doc 9/30/08 Date -Page 3 of2 10/02/07 The Minnehaha Creek Watershed District is committed to a leadership role in protecting, improving and managing the su,1ace waters and affiliated groundwater resources within the District, including their relationships to the ecosystems of which they are an integral part. We achieve our mission through regulation, capital projects, education, cooperative endeavors, and other programs based on sound science, innovative thinking, an informed and engaged constituency, and the cost effective use of public funds. IMPROVING QUALITY OF WATER, QUALITY OF LIFE Local Government Unit Findings and Conclusions The delineation of the wetland boundary at 3825 Cherry Avenue, Orono (PIN# 08-117-23-33-0089) was reviewed on September 26, 2008. Conditions at the time of the review were clear and about 65°F. Parts of two wetland basins were delineated on the site. One basin extended on to two discontinuous parts of the parcel and the other was just off the property to the west. The wetland to the west of the parcel was identified as a Type 3 shallow marsh with a fringe of fresh wet meadow. Dominant vegetation included cattails and reed canary grass. The boundary with upland was characterized by a topographic change and appearance of turf grass and buckthom. The other basin was a Type 3 shallow marsh dominated by cattails. At the wetland boundary there was a transition from cattails to mowed turf. At the northern side of the boundary near the Lake Minnetonka shoreline there was a narrow peninsula of upland that was characterized by a sharp topographic break and transition to Kentucky bluegrass. MCWD staff finds that the boundary as flagged in the field and submitted in the report dated September 18, 2008 is acceptable. A project may require a MCWD approved permit in addition to other required permits. If you have any questions, please contact me or James Wisker, MCWD Permitting Officer, at 952-471-0590. Report drafted by: Natalie White MCWD District Technician September 30, 2008 18202 Minnetonka Boulevard, Deephaven, MN 55391 • 952-471-0590 • Fax: 952-471-0682 • www.minnehahacreek.org ' . .arrow ead n iron1n ntal onsulting • Approximate Wetland Boundary Overlaid on 2006 Aerial Image --==:::::i--===========:::::::JFeet 0 37 .5 75 150 . Sam le Point Figure 5 3825 Cherry Ave. Orono . MN Ii -1: I 'r---1 · -1 \ \ ' L OCT 2 2 2008 -CITY OF ORONO 3 I / I If i OCT 2 2 2008 CITY OF ORONO 33 ~ // ;\·._·_. ' / \· . ··::> _.,,-,;· .-\~~ .. ---~ . '·\\· .. ~\ / / . . \ ' \ \ \ . \ \\ . \ . >/'\ ·. ' \ - . -\ . \ i I I I REcf1veo . OCT 2 2 2008 #3388 "1 i ,l: I I + -"~, il n 1 I l 33 RECEIVED OCT 2 2 2008 CITY OF ORONO co C) c:, C-..J N N t, 0 0 z ~ 0 u.. 0 ~ u RUN DATE: 10/21/2008 38 08-117-23330001 JAMES W & CONNIE BECK 3820 CHERRY A VE JAMESWBECK 5 152 BELMONT A VE S MPLS MN 55419 38 08-1 I 7-23 33 0038 HENNEPIN FORFEITED LAND 3833 CHERRY AVE CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 08-117-23 33 0054 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX 66 CRYSTALBAYMN 55323 38 08-117-23 33 0057 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX66 CRYSTALBAYMN 55323 38 08-117-23 33 0094 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 38 08-117-23 34 0063 NANCY L BLAIR 55323 3768 NORTH SHORE DR NANCY L BLAIR 550 1 VILLAGE DR EDINA MN 55439 HENNEPINC< "Y PROPERTY INFORMATION SYSTEM (PROPERTY 0 38 08-117-23 33 0002 JR MARTIN & B J MARTIN 3826 CHERRY A VE JAMES R & BETSY J MARTIN 3826 CHERRY A VE MOUND MN 55364 38 08-117-23 33 0039 HENNEPIN FORFEITED LAND 3833 CHERRY AVE CITY OF ORONO PO BOX 66 CRYSTALBAYMN 55323 38 08-117-23 33 0055 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 33 0059 E HAAS & B HAAS & T DORRELL 3820 NORTH SHORE DR EVELYN HAAS & THOMAS DORRELL 3820 NORTH SHORE DR WAYZATAMN 55391 38 08-117-23 34 0040 PAULAJ JOHNSON 3818 NORTH SHORE DR PAULA J JOHNSON 3818 NORTH SHORE DR WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT AP)'EARS THIS DA TE ON THE RE?:S OF THEJ!ENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. DATE: l"/~4108 BY:~(::(.( ~llll'z-i,1 '.RS LIST) 38 08-117-23 33 0003 MARIA E AMPLA TZ 3838 CHERRY AVE MARIA E AMPLATZ PO BOX284 SPRING PARK MN 55384 38 08-117-23 33 0040 NM WILLIAMS & AS WILLIAMS 3843 CHERRY AVE NICHOLAS M & ANNAS WILLIAMS 3843 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0056 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 . 38 08-117-23 33 0089 MATTHEW B HERMAN 3825 CHERRY A VE MATTHEW B HERMAN 3825 CHERRY A VE MOUND MN 55364 38 08-117-23 34 0060 PAULA J JOH NSON 3818 NORTH SHORE DR PAULA J JOHNSON 3818 NORTH SHORE DR WAYZATA J'v!N 55391 PAGE: 1 RECEIVED OCT 2 2 2008 CITY OF ORONO #3388 City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only : City Planner: _ __.e-...:'A'-<----------Meeting Date/Time : J0/2..1/08' PC Date : ffevM bw-,, l oo g What is the pucp_ose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address : 38 2 5 Chury ~~ Property Identification Number (PIN): Zoning District: C/2.. -Iv Size of Property : DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover 0'-75 ' OYH ardcover 75 '-250 ' □ Hardcover 250 '-500 ' □ Hardcover 500'-1000 ' □ Lot Coverage □ Lot Area □ Lot Width □ Other: Appl icant's ogi,, HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials: Owner's Form , understands it as it has been explained to them , and is aware that it must be In itials : /f1Jtv completed and submitted in conjunct ion with their formal variance application . Applicant's ~)II BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner 's initial application fee , as well as provide an escrow in the amount Initials: 1v1Sh' $ T Bn to guarantee payment of the above . OTHER INFORMATION: (BJ.Gw-~ I V\ fl\ ~ Y2 .Q f'e Q. v ~teaf . \ \; *Please note: Your variance application will NOT be accepted without a pre-application meet ing during which this form will be compleT~""""" .. ., staff. A pp licant Signature: . } Date: I L11 ,7 1 1 o€z Owner Signature: er<?-~-·4 . ~.,...c] ...... Date: -9 - of