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Home My WebLink AboutProject Packet■{ I^~,.13.3WY3Doc No A10175805 Certified, filed and/or recorded on Mar 26, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 97 Doc Name: Conditional Use Permit Document Recording Fee Document Total Pkg ID 1221469M $46.00 $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO CORRECTIVE RESOLUTIOg OFd JE CITY COUNCIL No. �P J THE PURPOSE OF THIS INSTRUMENT IS TO CORRECT RESOLUTION NO. 6339 ADOPTED BY THE CITY COUNCIL ON NOVE ',M,BER 12, 2013, AND RECORDED MARCH 17, 2014, AS DOCUMENT NUMBER A1006227 IN THE OFFICE OF THE COUNTY RECORDER OF HENNEPIN COUNTY, MINNESOTA, BY ADDING THE INADVERTANTLY OMITTED EXHIBITS A AND B. A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1282 & 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO.13-3623 WHEREAS, Lin Yan and Amy Yongli Shi, a married couple (hereinafter "the Applicants") are the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter the "City") and legally described as: Lots 1 and 2, Block 11, Saga Hill Revised (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1680, 78-1279 and 78-1282 to allow construction of a new lake access stair resulting in 209 square feet of hardcover and which replaces an existing stair encroaching into the adjacent undeveloped City right-of-way within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading to correct a drainage issue adjacent to the existing home on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 16, and October 21, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File number 13-3623. 180539 6485 2. The Property is located in the LR-113 One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on October 21, 2013 and voted 7 for and 0 against on a motion to approve the CUP for grading and the hardcover variance. The Planning Commission finds that the following factors support the granting of the requested variance and CUP: a. The Property contains 30,378 square feet in area (0.70 acre) and has a defined width of 193-feet at the lake and 147-feet at the 75-foot setback. b. The home on the Property was constructed in 2007. c. The Applicants have proposed to remove an existing stair which encroaches into the adjacent undeveloped City right-of-way. d. The Applicants' proposed stair system has been designed in a way which offers screening of the stabs with a natural -looking slope as viewed from the lake. e. With a total of 19% overall hardcover, the Property will conform to the hardcover limitations of 25% for a Tier 1 lot. Structural coverage limitations will also be met. f. The Applicants' proposed stair system and grading will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. g. The Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties; views of the Property from the lake will be improved with the new stair. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. j. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. The approved grading plan has been designed to address the Applicants' drainage issues and does not adversely impact the natural character of the lakeshore. 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 and CUP 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 variance and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a 2 180539 substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDTPIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow 209 square feet hardcover for a new lake access stair within 75' of the OHWL; variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new lake access stair Minnetonka to replace an existing stair which encroaches into the adjacent undeveloped City right-of-way; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading and to correct a drainage issue next to the existing home on the Property; subject to the following conditions: 1. Council approval is based on the survey/grading plan and stair plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. An administrative Zoning Permit for Major Land Alteration is required and shall be obtained by the Applicants prior to the commencement of grading activities. 4. The Owner shall conform to the recommendations of the City Engineer. 5. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 7. The Applicants shall submit an escrow in the amount to be determined by the City Engineer for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 8. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the Zoning Permit for Major Land Alteration. 9. An as -built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 10. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (November 12, 2014). 180539 648 11. 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. 12. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 9 day of W,J�4 a la_. , 2015. ATTEST: aO Rachel Dodge, rk Y Lili Tod McMillan, Mayor �y Yongli Shi. Property Owner STATE OF MINNESOTA :ss COUNTY OF HENNEPIN Lin Yan, Property Owner This instrument was acknowledged before me this L5 day of 1 °" 2015, by Lin Yan, husband of Amy Yongli Shi. LiMo,,�,r cat �t • Notary Public d« MON!CAA. FARNESS N07ARY PUBLIC-MINNESOTA ��+++ � MTj Commission Expires Jan. 37, 2017 S :ss COUNTY OF HENNEPIN ) This instrument was acknowledged before me this (3 day of t'V AN_(_1 ,2015, by, Amy Yongli Shi, wife of Lin Yan. .�y .y MON!CAA. FARNESS � At�'�� NOTARY PUBLIC-MINNESOTA 8`a r -fty Commission Expires Jan. 3L 20^7 CA_ ( { Not Public 180539 Resolution Exhibit A I Resolutia Exhibit E o l Iq z STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 9, 2015, with the original thereof on file in my office, and the same is a correct transcription thereof. ch WITNESS my hand officially as such City Clerk and the corp�tatei " e6 f he City this 13 day of March, 2015. .7Ltyy l,1tlL�4,-.� �53o tL.._ IIIIIIIIIII IIII III IIIIuIII 13�0" Doc No A10062276 Certified, filed and/or recorded on Mar 17, 2014 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 53 Pkg ID 1091616M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. 0 CITY of ORONO �]p'll RESOLUTION OF \tiF TyE�CITY 'COUNCIL NOh . A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1282 & 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3623 WHEREAS, Lin Yan and Amy Yongli Shi, a married couple (hereinafter "the Applicants") are the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter the "City") and legally described as: Lots 1 and 2, Block 11, Saga Hill Revised (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1680, 78-1279 and 78-1282 to allow construction of a new lake access stair resulting in 209 square feet of hardcover and which replaces an existing stair encroaching into the adjacent undeveloped City right-of-way within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading to correct a drainage issue adjacent to the existing home on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 16, and October 21, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File number 13-3623. Pa,e I of 5 o o\\ CITY of ORONO ' RESOLUTION OF THE CITY COUNCIL NO. 2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on October 21, 2013 and voted 7 for and 0 against on a motion to approve the CUP for grading and the hardcover variance. The Planning Commission finds that the following factors support the granting of the requested variance and CUP: a. The Property contains 30,378 square feet in area (0.70 acre) and has a defined width of 193-feet at the lake and 147-feet at the 75-foot setback. b. The home on the Property was constructed in 2007. c. The Applicants have proposed to remove an existing stair which encroaches into the adjacent undeveloped City right-of-way. d. The Applicants' proposed stair system has been designed in a way which offers screening of the stairs with a natural -looking slope as viewed from the lake. e. With a total of 19% overall hardcover, the Property will conform to the hardcover limitations of 25% for a Tier 1 lot. Structural coverage limitations will also be met. f. The Applicants' proposed stair system and grading will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. g. The Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties; views of the Property from the lake will be improved with the new stair. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. i. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. j. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. The approved grading plan has been Page 2of5 o �O CITY of O RONO RESOLUTION OF TyEfIQTVOUNCIL designed to address the Applicants' drainage issues and does not adversely impact the natural character of the lakeshore. 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 and CUP 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 variance and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants, and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow 209 square feet hardcover for a new lake access stair within 75' of the OHWL; variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new lake access stair Minnetonka to replace an existing stair which encroaches into the adjacent undeveloped City right-of-way; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading and to correct a drainage issue next to the existing home on the Property; subject to the following conditions: Council approval is based on the survey/grading plan and stair plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. An administrative Zoning Permit for Major Land Alteration is required and shall be obtained by the Applicants prior to the commencement of grading activities. 4. The Owner shall conform to the recommendations of the City Engineer. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti fi NO. � 7, 5. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 7. The Applicants shall submit an escrow in the amount to be determined by the City Engineer for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 8. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the Zoning Permit for Major Land Alteration. 9. An as -built. grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 10. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (November 12, 2014). 11. 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. 12. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 121h day of November, 2013. ATTEST: Rachel Dodge, City Clerk 11 .-� zk Vf Lili Tod McMillan, Mayor Page 4 of 5 �\ O Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THR 9TY COUNCIL NO. ' \ This instrument was acknowledged before me thisA? day of —4d, 20y4, by Lin Yan, husband of Amy Yongli Shi. KIEEJ� DNESSINNESOTAs Jan. 31, 2017 STATE OF MINNESOTA COUNTY OF HENNEPIN -:6 j C� �� Notary Public This instrument was acknowledged before me this day of Amy Yongli Shi, wife of Lin Yan. w MONICAA.FADNESS NOTARY PUBLIC - MINNESOTA v My Ccmmission Expires Jan. 31. 2017 20N by, a. '�L ��Ij Notary Public Page 5 of 5 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 12, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this �'qh day of jbta_-, C 6, , 2014. �1�Cc c_/�� /)ccc j City Clerk MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2015 7:00 o'clock p.m. strips appear to be doing what they were designed to do but that the weather has een less PUBLIC COMM John Quinlivan stated he would like ent on the s on of road that Council Member Levang mentioned in regards to the bridge project. i dicated he is a contactor and that he does a tremendous amount of work in that area. a ted he has found that section of road to be dangerous. Quinlivan stated in his ere needs to be permanent signage ere in that area and not just during the construction Quinlivan stated unfortunately construction brings t of new drivers into the area and t his view there should be a stop sign coming up the hill before you as well as some si at the top of the hill. Quinlivan stated the road also does get slippery in inclem eather. PLANNING DEPARTMENT REPORT *7. #13-3623 LIN YAN/CITY OF ORONO —1330 CHERRY PLACE — CORRECTED RESOLUTION, RESOLUTION NO. Levang moved, Cornick seconded, to adopt RESOLUTION NO., a Corrective Resolution of the City Council for the property located at 1330 Cherry Place. VOTE: Ayes 5, Nays 0. #14-3685 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP, LLC CiaffronN4,ted the applicant is requesting an amendment of the Development Contract and Agreement Oliver Hill to revise the limits on lot coverage for two of the seven lots 0000 Oliver Hill had a lot c era limit of 15 percent per lot, which is lot coverage structures. The developer initially had pr sed to build fairly modest homes ranging fro 800 to 2,200 square foot. Staff recently received a hous an for Lot 2, Block 2. Lot 2, Block s a limit of 15 percent structural coverage. The house plan came in ' a footprint of approxima 4,000 square feet or 22 percent lot coverage. Gaffron stated clearly that h e does not fit the The developer is still in the process of construct" n road and they have not constructed any homes at this point. The applicants have asked whether co xchange lot coverage for Lot 2, Block 2 with Lot 2, Block 1, which is directly across fro t 2, Block 2. ffron indicated Lot 2, Block 2, is a good sized lot but is small compared to the r of the lots in the neighb ood. The lot consists of approximately 17,917 square feet the lot across the street is almost 00 square feet. Gaffron stated lot coverage s always been a massing issue and that the 15 perc is based on the entire lot and not just the dry dable land. The applicant has raised the question of whet it would be feasible to exchang a amount of lot coverage that is allotted to the lot to the north for t aller 15 percent lot cove a for Lot 2 to the south. During th plication process, the applicant indicated his intent was to build modestly sized homes, an the co tual footprints shown on the approved development plans had no footprint larger than 2,200 sq feet. The issue for the Council to consider is whether it is reasonable to allow the transfer of Page 9 of 40 Christine Mattson From: Christine Mattson Sent: Wednesday, February 26, 2014 9:13 AM To: 'lyan@uswestfinancial.com' Cc: Melanie Curtis Subject: FW: 1330 Cherry Place / Application #13-3623 Lin, The resolution relating to your conditional use permit approvals has not been signed by you and your wife. This must be signed before we will authorize you to proceed on your next permit (for lakeshore grading) and before the work in the ravine will be commenced. We are open Monday — Friday from 8 am to 4:30 pm. Our staff will notarize your signatures, so please bring a valid form of identification. If you have any questions, please don't hesitate to contact us. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway I Orono MN 155356 (physical address) PO Box 66 1 Crystal Bay 1 MN 55323-0066 (mailing address) 9 952.249.4620 1 8 952.249.4616 ® cmattson@ci.orono.mn.us I www.ci.orono.mn.us Office Hours: Monday - Friday 8 am to 4:30 pm I MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o'clock p.m. CD REPORT—ANDREWMCDERMOTT, REPRESENTATIVE, Continued) The LM ill be holding its Lake Minnetonka boater safety education pilot progr is Saturday from 8 a.m. to 5 p. he fees to attend are being covered by the Hennepin County riff s Water Patrol. At the current time the re approximatelyl5 participants signed up, with rov#eor 30 students. The program consists of a fu of training. There will be a final exam the students will receive a certificate upon successful co tion. PUBLIC COMMENTS None PLANNING DEPARTMENT *4. #13-3622 L URCE, LLC (TODD HOLMERS), 1645 S OOD ROAD, SUBDIVISION — LIMINARY PLAT APPROVAL —RESOLUTION NO. Levang ed, Bremer seconded, to adopt RESOLUTION NO. 6338, a Resolution Appr Prel' ary Plat for the Property Located at 1645 Shadywood Road. VOTE: Ayes 4, Nays I *5. #13-3623 CLAIRSON DUTRA ON BEHALF OF LIN YAN, 1330 CHERRY PLACE, CONDITIONAL USE PERMIT AND VARIANCE — RESOLUTION NO. 6339 Levang moved, Bremer seconded, to adopt RESOLUTION NO.6339, a Resolution Granting Variances from Municipal Zoning Code Sections 78-1279, 78-1282, and 78-1680, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966, for the property located at 1330 Cherry Place. VOTE: Ayes 4, Nays 0. *6. #13-3626 LORI GHERADRI O/B/O STEPHENSON HOLDINGS, INC. —PLAT OF P — STREET NAME ASSIGNMENT FOR PINE VIEW DRIVE Levang moved, er seconded, to approve the assignment of the name Pine V' rive to the private road in the pla ine View. VOTE: Ayes 4, Nays 0. 7. 913-3631 LANDSOURCE, LLC ( .HOLM , 700 NORTHERN AVENUE, SUBDIVISION — PRELIMINARY PLAT — PLA SIDENTIAL DEVELOPMENT Todd Holmers, Applicant, was present. Gaffron stated the applicant is re mg preliminary plat approval for a reside ubdivision to create six individual residential b � ng lots for single-family homes. The proposed develo t would require a conditional use pe o allow development via the Planned Residential Development pro Page 2 of 36 Date Application Received: 07/17/13 Date Application Considered as Complete: 08/16/13 60-Day Review Period Extension Expires: 12/14/13 REQUEST FOR COUNCIL ACTION Date: 5 November 2013 Item No. Department Approval: i��V Administrator Approval: Agenda Section: Name: Melanie Curtis Title: Planning & Zoning Coordinator Item Description: #13-3623 —Clairson Dutra on behalf of Lin Yan —13 Cherry Place —CUP & Variance — Resolution Zoning District: 1_11-113, One Family Lakeshore Residential, 1-acre, 140' Lot Area: 30,378 square feet (0.70 acre) Lot Width: 193' at the OHWL of the Lake & 147' at 75 foot Setback List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Proposed Survey (Revised) Exhibit C. Planning Commission Staff Report & Exhibits 10/15/13 Exhibit D. PC Action Notice 10/22/13 Exhibit E. Draft Planning Commission Minutes 10/21/13 Application Summary: The applicant has requested conditional use permit (CUP) and variance approvals in order to conduct land alterations within 75 feet of the lake to correct drainage issues on the property and to construct a new lake access stair. The applicant's original plan has been revised to address the City engineer's comments. Planning Commission Recommendation On October 21, 2013, the Planning Commission voted 7 to 0 to recommend approval of the CUP and variance requests based on the revised plan. Planning Staff Recommendation Staff finds the revised grading plan achieves the goal of positive drainage away from the house yet preserves the lakeshore slope consistent with the City's goals. The consulting City engineer has reviewed and approved the most recent revisions. Therefore Staff recommends approval of the CUP and variance based on the revised plans. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached approval resolution. Council Exhibit A A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1282 & 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3623 WHEREAS, Lin Yan and Amy Yongli Shi, a married couple (hereinafter "the Applicants") are the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter the "City") and legally described as: Lots 1 and 2, Block 11, Saga Hill Revised (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1680, 78-1279 and 78-1282 to allow construction of a new lake access stair resulting in 209 square feet of hardcover and which replaces an existing stair encroaching into the adjacent undeveloped City right-of-way within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading to correct a drainage issue adjacent to the existing home on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 16, and October 21, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File number 13-3623. Page 1 of 5 2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on October 21, 2013 and voted 7 for and 0 against on a motion to approve the CUP for grading and the hardcover variance. The Planning Commission finds that the following factors support the granting of the requested variance and CUP: a. The Property contains 30,378 square feet in area (0.70 acre) and has a defined width of 193-feet at the lake and 147-feet at the 75-foot setback. b. The home on the Property was constructed in 2007. c. The Applicants have proposed to remove an existing stair which encroaches into the adjacent undeveloped City right-of-way. d. The Applicants' proposed stair system has been designed in a way which offers screening of the stairs with a natural -looking slope as viewed from the lake. e. With a total of 19% overall hardcover, the Property will conform to the hardcover limitations of 25% for a Tier 1 lot. Structural coverage limitations will also be met. f. The Applicants' proposed stair system and grading will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. g. The Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties; views of the Property from the lake will be improved with the new stair. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. i. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. j. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. The approved grading plan has been Page 2 of 5 designed to address the Applicants' drainage issues and does not adversely impact the natural character of the lakeshore. 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 and CUP 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 variance and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow 209 square feet hardcover for a new lake access stair within 75' of the OHWL, variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new lake access stair Minnetonka to replace an existing stair which encroaches into the adjacent undeveloped City right-of-way; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading and to correct a drainage issue next to the existing home on the Property; subject to the following conditions: Council approval is based on the survey/grading plan and stair plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. An administrative Zoning Permit for Major Land Alteration is required and shall be obtained by the Applicants prior to the commencement of grading activities. 4. The Owner shall conform to the recommendations of the City Engineer. Page 3 of 5 5. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 7. The Applicants shall submit an escrow in the amount to be determined by the City Engineer for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 8. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the Zoning Permit for Major Land Alteration. 9. An as -built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 10. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (November 12, 2014). 11. 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. 12. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 12`h day of November, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 4 of 5 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Lin Yan, husband of Amy Yongli Shi. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Amy Yongli Shi, wife of Lin Yan. Notary Public day of 2013, by day of 2013, by, Page 5 of 5 r Resolution Exhibit A I Resolution Exhibit AZ \ a a '<v ice% o W a cn co w LU C4 W \�A vv vvvw�v :� vviviJwv`vvvvy vvv`vv vvivv``v` Z � a vy�y/vy/vvn` v//V/v//vnnan//v v/vwv`w F w� O vi0i0/VO s� LU � v/iv/i /iv/iv/ v/ivTiv/iv/iv/iv/iv v n�v� Z / yvyvv •, S - 3 v �`v/wv/v/x m vv vww v� T/ /\\/ \\/ \\\�\\/\\/\i \ y v �i cn F vow \\11\ �€z vw/v�wvjwvwj/vvj�v�/�/w`jw /w� vv V\V�\VA\\�A vvvy�vv vvvv Resolution Exhibit B sue e- .ere L-.e e �O n vJ L I I i LEGEND EXISTING CONTOUR LINES ----- PROPOSED CONTOUR LINES DENOTES PROPOSED SURFACE DRAINAGE NOTE: THE HARDCOVER CALCULATION SHEET REFEREED TO EXISTING AND PROPOSED CONDITIONS ISPARTOFTHIS "CERTIFICATE OF SURVEY" AND IS ATTACHED. Spy -- ' Basswood mcw .� dR IO / 14 R Z BaSswaoq - ` ..........� t r Garage r — 0 3l �o- I 888 3 W 3 j 0 ..U. w�— 958'� � ._�=•fir 9y 59 % 28' sswbod 9 6� m easswoaa 24" Ook Mapk D 0 c k _ sabAwA��?t eas-'c --t 'v �:x' `,A�`\ �� y LIL s 932 NL 'saw LAKE MINNETONKA NORTH ARM WATER ELEVATION = 929.84' (N.G.V.D.-1929) FIELD SURVEYED BY OEMARS—CABRIEL A � �"V OHWL = 929.40' FOR TAKE MINNETONKA 1 ` I � l t \\\ \\\ \ \ \ \t 11 ` H \ \\ m 1 Iw� A g5 32' Basswood \ \ n \ \ \ a 1 TO BE REMOVED \� \ \\\Ln\\7 �� \ ftswaad N88045'49"E 192.47 Dswasc.sx�EL � ems,.". wasDxv�roa.wL a�:wn:a ^a+YRUmmm DaWE pwl 1' + I"'1E.` xlLLECERTIFICATE OF SURVEY I=CHsMD.ux. 02 UnxLIHYPH Ay L DSC ING 91LE EXISiING PNO GRdbSED LYE 1'•itl DF1E.1NIIl Council Exhibit B -- ' Basswood mcw .� dR IO / 14 R Z BaSswaoq - ` ..........� t r Garage r — 0 3l �o- I 888 3 W 3 j 0 ..U. w�— 958'� � ._�=•fir 9y 59 % 28' sswbod 9 6� m easswoaa 24" Ook Mapk D 0 c k _ sabAwA��?t eas-'c --t 'v �:x' `,A�`\ �� y LIL s 932 NL 'saw LAKE MINNETONKA NORTH ARM WATER ELEVATION = 929.84' (N.G.V.D.-1929) FIELD SURVEYED BY OEMARS—CABRIEL A � �"V OHWL = 929.40' FOR TAKE MINNETONKA 1 ` I � l t \\\ \\\ \ \ \ \t 11 ` H \ \\ m 1 Iw� A g5 32' Basswood \ \ n \ \ \ a 1 TO BE REMOVED \� \ \\\Ln\\7 �� \ ftswaad N88045'49"E 192.47 Dswasc.sx�EL � ems,.". wasDxv�roa.wL a�:wn:a ^a+YRUmmm DaWE pwl 1' + I"'1E.` xlLLECERTIFICATE OF SURVEY I=CHsMD.ux. 02 UnxLIHYPH Ay L DSC ING 91LE EXISiING PNO GRdbSED LYE 1'•itl DF1E.1NIIl Council Exhibit B Council Exhibit C Date Application Received: 07/17/13 Date Application Considered as Complete: O8/26/13 60-Day Review Period Extension Expires: 12/14/23 To: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planning & Zoning Coordinator Date: 15 October2013 Subject: #13-3623, Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, CUP & Variance Request Public Hearing - continued ----------------------------------------------------------------------------------- Zoning District: LR-113, One Family Lakeshore Residential, 1-acre, 140' Lot Area: 30,378 square feet (0.70 acre) Lot Width: 193' at the OHWL of the Lake & 147' at 75 foot Setback Application Summary: The applicant is requesting conditional use permit and variance approvals in order to conduct land alterations within 75' of Lake Minnetonka and construct a new lake access stair. Staff Recommendation: Planning Department Staff recommends approval. List of Exhibits Exhibit A. Revised Plan Exhibit B. Letter from Applicant's Engineer Exhibit C. Revised Proposed Plans and Cross -Sections Exhibit D. Revised Hardcover Calculations Exhibit E. City Engineer Memo Exhibit F. 60-Day Extension Exhibit G. PC Staff Report 09/12/13 Exhibit H. Draft PC Minutes 09/16/13 Exhibit I. Site Photos Background/Update This application was before the Planning Commission at the September meeting where the following was discussed: a Land Use Application for CUP and variance approvals in order to conduct land alterations within 75 feet of the lake and construct a new lake access stair. At the September meeting the applicants were directed to revise the grading plan to address their drainage issues yet be respectful of the City's desire for a natural, unchanged shoreline. Staff (including the staff and consulting city engineers) met with the applicant and homeowner on site to work toward a solution. Alternatives were discussed for the shoreline, the result of which is reflected in the revised grading plan, attached as Exhibit A. In addition to the work proposed by the applicant the homeowner has requested the City address some erosion issues in the undeveloped right-of-way ravine next to his property. Following discussions during the inspection it was agreed upon that the homeowner offered to provide labor and the City will provide the engineered plans and materials to address the erosion in the ravine. FILE # 13-3623 15 Oct 2013 Page 2 of 3 Conditional Use Permit The Environmental and Land Use sections of the City's 2008- 2030 Comprehensive Plan discuss lakeshore development. The guidance within this document suggests that changes or modifications to the lakeshore which result in a significant change (in vegetation, topography, etc) are to be discouraged; specifically speaking, Land Use Goal #1 and items #1 through 5 of the Lakeshore Residential Land Use Policies (attached as Exhibit I & J). City Code Section 78-966(a)(2) indicates that a CUP is required prior to engaging in activities that include fill to elevate or alter the existing natural grade. By code, conditionally permitted uses must be reviewed using the criteria found in Section 78-916. The city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 (i.e. 78-966 thru 78-968) of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. With regard to this application, items 1, 2, 6, 7, 9, 10 and 13 are generally applicable. Re: Items 1 & 2. The revised proposed grading within the 75' setback takes into account the preservation requirements within the comprehensive plan or zoning code. Re: Items 6 & 7. These criteria essentially ask whether the proposed improvements are appropriate and in character with the surrounding land and neighborhood. Staff believes the proposed stair system within the 75-foot setback area will have little impact on surrounding lands; the plan has been revised to better allow for vegetative screening. FILE # 13-3623 15 Oct 2013 Page 3 of 3 Re: Item 9. This standard requires that the proposed improvements and grading must not substantially impair the use and enjoyment of the property in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The proposed use of the property for a residence will not be changing as a result of the proposed lake access stair with retaining walls so there should be no change in the use and enjoyment of adjacent properties. Re: Item 10. This requirement discusses the need to mitigate undesirable views. The applicant has redesigned the stair to take advantage of the natural slope to the ravine to the north and allow for screening to mitigate views from the lake. Re: Item 13. This standard requires that the project be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed stair system will have minimal if any environmental impacts, further its location has been revised to take advantage of the natural grade on the north side of the slope to the ravine. The grading plan has been revised to address the homeowner's drainage issues and does not adversely impact the natural character of the lakeshore. Hardcover Variance The proposed hardcover for the entire site is conforming at 19%. The applicant's revised proposal results in 209 square feet of hardcover within the 0-75' zone. The applicant is proposing to remove an existing stair where a portion encroaches into the City right-of-way; the revised proposed stair is located in the same area yet is entirely within the subject property. Due to the design which is set into the slope to avoid additional grading it exceeds the minimum straight down access level of hardcover (which would be approximately 125 square feet) and technically cannot be approved administratively. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance and CUP, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance and CUP? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff finds the revised grading plan achieves the goal of positive drainage away from the house yet preserves the lakeshore slope consistent with the City's goals. The consulting City engineer has reviewed and approved the most recent revisions. Staff recommends approval of the CUP and variance according to the revised plans. LEGEND EXISTING CONTOUR LINES -------- PROPOSED CONTOUR LINES r DENOTES PROPOSED SURFACE DRAINAGE NOTE: THE HARDCOVER CALCULATION SHEET REFEREED TO EXISTING AND PROPOSED CONDITIONS IS PART OF THIS "CERTIFICATE OF SURVEY" AND IS ATTACHED. CP lift I 4' / 8j Elm I0 O i I I C O 1 PP -N � a 946 -- I xrro.nsFnw„ aw / Api v / '2 e� 22,8 / 3.7 LX!SuIIL,1 ') C Ho/use ' 3 2( Bkh ol 42.8 954 ✓ ; 1 .ELL �.o Nw 955 957 1 .✓ 0h -"_ate p._- = ., \� -' -.....__ 958 - - 9y, Zonnod !24� RGk ID BOSSw od 10IT & 28' Basswood N88a45'4� 16' Bwswood la. mo#e .s 192.47 32" Bassmatl\\ 1 TO BE REMOVED I /A D o c k LAKE MINNETONKA NORTH ARM WATER ELEVATION = 929.84' (N.G.V.O.-1929) FIELD SURVEYED BY DEMARS-GABRIEL 71301201J OHWL = 929.40' FOR W E MINNETONKA 1' + CERTIFICATE OF SURVEY = 11RvnwcE M �xo°xx. 02 s1 a�e-u�ax aAgx. uxoscao exlsnxsnxo axoPosso srie. r+ia wn:oan PC Exhibit PC Exhibit B October 11, 2013 City of Orono Attn: Melanie Curtis PO Box 66 Orono, MN 55323 This letter is being sent in reference to: Zoning Permit Application 13-0809 and Conditional Use Permit Application 13-3623 1330 Cherry Place Engineering Review #3 (10.11.2013) As you are already aware, Engineer Mr. Robert E. Bean Jr. made recommendations on the above. Attached are our proposed plans with corrections. Modified sheets are the numbers 2 and 3 . We considered the directions given by city Engineer Mr. Robert and understand the importance of minimizing the grading within the 75 feet set back from the lake shore. We are proposing an alternative and less intrusive solution based on the direction given by Mr. Robert. This new solution shows superficial drainage water spreading in a slightly larger area. With this proposal we are trying to minimize the risk of land erosion on Mr. Lin's property and move the erosion control system (RIPRAP) as far from the house and as close to the City Variance Chanel as possible. Allowing the water to fan out through the yard, versus a narrow run from the patio through the backyard, will maintain the integrity of the yard and soil. Through the labor provided by the owner, the material provided by the city to build the City Variance Chanel, and this new proposal, We hope to arrive at a solution agreeable to all parties involved. Regards, David E. Crook, Surveyor Clairson Dutra, Technical Consultant Christian Donin, Technical Consultant Lin Yan, Property Owner RECEIVED OCT 11 2013 CITY OF ORONO PC Exhibit C i Z Q J a LL LQ 'r^ V! a r- h nz /X, /A�vv`yv-vv IN, frtl ui \'<\\/ wv��vwwvvwvwwviv�wv o //vy/U/vv LN O /wNwn��v�n�,wv W U i\ v v vA'V v v v v v v'vv/J X'ii w vvi/v v F— v/' vv�vv�vv/vv/vv/vvi vv vvivvv/vv/v . /// // //� i<G��`A<j'// Q vivv v`Tiv Zvv��'JvAVXv/�iO\ 'Vvvv>'T/ <v\ W E� LU \ \ \\ ss \1mal \Xx \ � � \�Vlv'V/%V✓%'/V%�V�j`�V%v p /�jX \Y, (33 KR aHn uuaaoua \\\V� � /vv'vv''vv/vA/vv v"yv'wv/ivv'w L-Z PC Exhibit D City of Orono �No Hardcover Calculation Worksheet = z Property Address: 1330 Cherry Place, Mound, MN * _��•` 17avid F. Crook : Prepared b Date: 10/ 1/ 2013 p y Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key Survey Hardcover Item (Describe) Length x Width Total (Square Feet (Example) (Garage) 24' x 30' 720 S.F. A Hm5e rre ular 191214 S.F. B Garage 34.20' x 2330' 796.86 S.F. C Driveway rreclular 1,061.25 S.F. D Portico Irregular 8532 S.F. E Corcretewalk Irre ular 1966 S.F. F 5tairwagtolake Irreqular 1920 S.F. G 51airwa to lake rreqular 16,80 S.F. H Stairwaq to lake Irreqular 16.80 S.F. I 5tairwaq to lake Irreqular 7.29 S.F. J petainii wall not within 75' of lake 100, x 36 00' 36.00 S.F. K Concrete patio ( floor) 932' x 11.40' 106.25 S.F. L 5creen porch 2 00' x 11.40' 36 60 S. F. M Peck5tairs 45x6.8' + 55x138' I0650 S.F. N Plastic air conditioner pad 2.83' x 2.83' 8.01 S.F. O Plastic air conditioner raol 2,83' x 2BV 601 S.F. P Dock rreoplar 12.25 S.F. Q Concrete5idewalk 830' x3.00' 2490 S.F. R Fetaininq wall within 75' of lake 100' x 9 00' 9,00 S.F. S Ccrerete slab ( deck) 450' x 450' 20 25 S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Existing Hardcover 4,46529 S.F. Excludable Hardcover See City Code Sec 78-1684 : Petaininq wall not wi hin 75' of lake 1.00' x 56.00' 36.00 S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover 36,00 S.F. 3 Net Existing Hardcover Subtract line 2 from line 1 4,427,29 S.F. 4 Total Lot Area 30,378 00 S.F. Existing Hardcover Percentage ] (3) _ (4) ] 1457 % (Proposed Hardcover next page) January 8, 2013 City of Orono �oNo Hardcover Calculation Worksheet ;f Property Address: 1330 Cherrq Place, Mound, MN 0 '"eHo"6 Prepared b Date: , p y bavld �, Crook lOi � Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key Survey Hardcover Item (Describe) Length x Width Total (Square Feet (Example) (Garage) 24' x 30' 720 S.F. A House irreoplar 972I4 S.F. B Garage 34.20' x 2330' 796.66 S.F. C fo be removed) ni o S.F. D Portico Irregular 8532 S.F. E .Cw;PBO9 A (To be remwed) -Icre laF —4-66- S.F. F 5t� ( fo be remwed) lrrega4nr 49-�'e— S. F. G (To be remwed 4449- S.F. H be removed 14 949 S.F. I 5tznroraq-La4akr (To be removed) -fz9- S.F. J fo be removed 46,9� S. F. K Concrete Daw ( floor) 932' x 1140' 106.25 S. F. L Screen porch I200' a11,40' 156.80 S.F. M Peck stairs 4.5'x6.8' + 59'0.8' 1065,0 S.F. N Plastic air condiborer pad 2 83' x 2.83' 501 S.F. O Plastic air conditioner pad 2.83' x 283' 501 S.F. P Pock irregular 1225 S.F. Q Concrete side alk 830' x300' 24.90 S.F. R Fetairincl wall within 75' of lake 1.00' a 9.00' 900 S.F. S Concrete slab (deck) 450' x 450' 20 25 S.F. T New Privewag (To be added) irreclular 1,709.73 S.F. U New Ketaining wall not within 75' of lake (fo be added) 100' x 56.00' S6 00 S.F. V Nev Concrete floor (fo be added) Irre Iar 8190 S. F. W New Paver sidewalk (To be added) 4.00' x 10.00' 4000 S.F. X New Paver Patio (fo be added) rregular 411.90 S. F. Y New 5tarwaq to lake (fo be added) irregular 200.22 S. F. Z I S.F. 1 Total Proposed Hardcover 46,04 S.F. Excludable Hardcover See City Code Sec 78-1684 : J fo be removed) -4;7-G4 S.F. U New retaining wall not within 75' of lake (fo be added) 100' x 56.00' S6.00 S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover 5600 S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1 5,79004 S.F. 4 Total Lot Area 30,376.00 S.F. Proposed Hardcover Percentage [ (3) + (4) ] 19,06 % January 8, 2013 PC Exhibit E Melanie Curtis From: Robert Bean [bobbe@bolton-menk.com] Sent: Monday, October 14, 2013 10:25 AM To: Melanie Curtis Cc: David P. Martini Subject: RE: 1330 Cherry Place, Mound --- Review #3 File #13-3623 Melanie, The grading in the 75' setback zone has been revised to not disturb the steep slope and to direct drainage to the ravine on the north side of the property. Therefore, the proposed grading is acceptable, and you should be able to proceed for the PC meeting. If you have any questions or comments, please contact me to discuss. Thanks, Robert E. Bean, Jr, P.E. LEED Green Assoc. Bolton & Menk, Inc. P:(952) 448-8838, ext 2892 F:(952) 448-8805 email: bobbe@bolton-menk.com From: Melanie Curtis[mailto:MCurtisCalci.orono.mn.us] Sent: Friday, October 11, 2013 2:10 PM To: Robert Bean Cc: David Martini Subject: FW: 1330 Cherry Place, Mound --- Review #3 File #13-3623 Please review and let me know if I can/should proceed for Oct 21 planning commission meeting. Thanks. Melanie Curtis 2 952.249.4627 ® mcurtis(ad.orono.mn.us From: INGAUGE Engineering and Technology[mailto:ingauae.engCalgmail.com] Sent: Friday, October 11, 2013 2:00 PM To: Melanie Curtis Cc: USWF Subject: 1330 Cherry Place, Mound --- Review #3 Hello Melanie, Please find attached reviewed plans - Review #3 - 10.11,2013. Let me know if you have any questions. Thank you. Clairson & Christian INGAUGE Engineering and Technology PC Exhibit F CITY Of ORONO Street Address: Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us 14 October 2013 Clarison Dutra 3412 101h Ave 5 Minneapolis, MN 55407 SUBJECT: Zoning Application #13-3623 On September 16, 2013 the Orono Planning Commission reviewed your application for variances for the property at 1330 Cherry Place. The current deadline for City action on your application is October 15, 2013. Because your application was tabled by the Planning Commission at their September 161h meeting, your application will not be before the Orono Council until after the 60 —day review period. Therefore this letter is your notification that the City is extending the time period for City action on application #13-3623 under Minn. Stat. § 15.99, subd. 3(f). The time period for action on this application is hereby extended until December 14, 2013. Your application is scheduled to be before the Planning Commission on Monday, October 21, 2013. Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. Sincerely, CITY OF ORONO Melanie Curtis Planning & Zoning Coordinator Copies via email: Clairson Dutra Lin Yan PC Exhibit G Date Application Received: 07/17/13 Date Application Considered as Complete: 08/16/13 60-Day Review Period Expires: 10/15/13 To: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator (/From: Melanie Curtis, Planning & Zoning Coordinator Date: 12 September 2013 Subject: #13-3623, Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, CUP & Variance Request Public Hearing ----------------------------------------------------------------------------------- Zoning District: LR-1B, One Family Lakeshore Residential, 1-acre, 140' Lot Area: 30,378 square feet (0.70 acre) Lot Width: 193' at the OHWL of the Lake & 147' at 75 foot Setback Application Summary: The applicant is requesting conditional use permit and variance approvals in order to conduct land alterations within 75' of Lake Minnetonka and construct a new lake access stair. Staff Recommendation: Planning Department Staff recommends tabling the application for revisions. List of Exhibits Exhibit A. Application Exhibit B. Existing Survey Exhibit C. Proposed Site Plan Exhibit D. Proposed Plans and Cross -Sections Exhibit E. Submitted Hardcover Calculations Exhibit F. City Engineer Memo Exhibit G. Aerial Photos — Bing Exhibit H. Zoning Code Excerpts Exhibit I. Comprehensive Plan Excerpts a. Land Use Goals and Policies b. Lakeshore Residential Land Use Policies Exhibit J. Resolution No. 5572 Exhibit K. Property Owners List Exhibit L. Plat Map Background The applicant, on behalf of the property owner, has applied for two separate applications regarding 1330 Cherry Place, including a Zoning Permit for land alterations and new hardcover which includes changes to the driveway, door landings, retaining/landscape walls and patios outside of the 75 foot zone; and a Land Use Application for conditional use permit (hereinafter the "CUP") and variance approvals in order to conduct land alterations within 75 feet of the lake and construct a new lake access stair. The limit for administrative approval for land alterations within the 0 to 75 foot zone is 10 cubic yards; the request exceeds 10 cubic yards. The variance is required in part due to the total hardcover of the stair at 6 feet wide which includes the supporting side walls. This exceeds the minimum width allowed which is a 4 foot wide stair. FILE # 13-3623 12 Sept 2013 Page 2 of 4 ----- — — -------------- — ----------------------------------------------------------- LOT ANALYSIS WORSHEET Lot Area/Width: LR-16 __:::�Lot Lot Width Required 43,560 s.f. (1.0 acre) 140' Actual 30,378 s.f. (0.7 acre) 193' @ OHWL & 147' @ 75' Hardcover Calculations: Stormwater Total Area Allowed Overlay District in Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 30,378 s.f. 7,594 s.f. 4,427 s.f. w/in 75'= 1 5,787.8 s.f. w/in 75'= (25 %) (14.6%) 81.3 s.f. (19%) 219 s.f. ------------------------------------------------------------------------------------ Conditional Use Permit The Environmental and Land Use sections of the City's 2008- 2030 Comprehensive Plan discuss lakeshore development. The guidance within this document suggests that changes or modifications to the lakeshore which result in a significant change (in vegetation, topography, etc) are to be discouraged; specifically speaking, Land Use Goal #1 and items #1 through 5 of the Lakeshore Residential Land Use Policies (attached as Exhibit I & J). City Code Section 78-966(a)(2) indicates that a CUP is required prior to engaging in activities that include fill to elevate or alter the existing natural grade. By code, conditionally permitted uses must be reviewed using the criteria found in Section 78-916. The city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 (i.e. 78-966 thru 78-968) of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; FILE # 13-3623 12 Sept 2013 Page 3 of 4 (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. With regard to this application, items 1, 2, 6, 7, 9, 10 and 13 are generally applicable. Re: Items 1 & 2. The proposed grading within the 75' setback appears to be an attempt to change the grade on the lakeshore in order to achieve a walk -out or look -out designed lot and does not appear to be consistent with the comprehensive plan or zoning code. Re: Items 6 & 7. These criteria essentially ask whether the proposed improvements are appropriate and in character with the surrounding land and neighborhood. Staff believes the proposed stair system within the 75-foot setback area will have little impact on surrounding lands; it could possibly be redesigned to better allow for vegetative screening. However the proposed grading is significant and does not appear to be in character with the surrounding lands. Re: Item 9. This standard requires that the proposed improvements and grading must not substantially impair the use and enjoyment of the property in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The proposed use of the property for a residence will not be changing as a result of the proposed lake access stair with retaining walls so there should be no change in the use and enjoyment of adjacent properties. The grading activity is significant and while some of the grading is necessary to alleviate a negative drainage issue near the foundation of the house the majority of the grading appears to be contrary to the comprehensive plan's guiding for lakeshore properties. Re: Item 10. This requirement discusses the need to mitigate undesirable views. The applicant should redesign the stair and provide a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake. Re: Item 13. This standard requires that the project be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed stair system will have minimal if any environmental impacts. The grading proposed is significant and may have a negative visual impact by exposing more of the residence to view from the lake and reduce the natural character of the lakeshore. The applicant should revise the lake access stair design and provide a detailed landscape plan which provides screening of the improvements when viewed from the lake in a natural manner. Hardcover Variance The applicant's proposal results in 137 square feet of hardcover within the 0-75' zone over existing levels. The proposed stair is approximately 4 feet wide, but when the supporting one foot wide retaining walls are added to each side the stair system becomes 6 feet in width. The applicant is proposing to remove an existing stair where a portion encroaches into the City right- of-way; the proposed stair exceeds the minimum and cannot be approved administratively. FILE # 13-3623 12 Sept 2013 Page 4 of 4 Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds some of the proposed grading appears to be an attempt to achieve positive drainage away from the house; however the grading on the lake side slope area seems to be an attempt to create a larger outdoor patio living area and better view from the walk -out area of the house. According to the Comp Plan and City Code Shoreland Zoning regulations, within the 75' setback area grading should be very limited to only that which is minimal and necessary. Staff would suggest the applicant redesign the grading plan to reduce the amounts and the impacts of the grading. An administrative permit for grading will not be issued until the grading within the 0-75' area is resolved and approved by the City. Staff would also suggest that the applicant consider redesigning the lake access stair to either meet the minimum 4 foot width requirement or meander the stairs to increase the opportunities to screen the stairs with plantings. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance and CUP, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance and CUP? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends tabling the application and the planning commission should provide guidance regarding the following: 1. The grading within the 75 foot setback. 2. Lake access stairs —screening etc. If the applicant is not amenable to tabling, Planning Staff recommends denial of the CUP and variance as proposed. PC Exhibit City of Orono ' Land Use & Conditional Use Permit Application StreetAddress: Application # 2750 Kelley Parkway Orono, MN 55356 Date Received: Staff Main: 952-249-4600 fax: 952-249-4616 Fee: Mailing Address: Escrow # & $ P.O. Box 66 Crystal Bay, MN 55323-0066 Permit Fee Notes: 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. Job Site Address: 1330 Cat'£ d R V RLAGr- OaOK10 d n_/ CONTRACTOR / APPLICANT INFORMATION: Name: f-LA1960tI J7u-r-& e Phone: 952- 22o 69 OZ Fax: Address: 3R1.1, 1 « AJ%. S_ City:0(404 Contact Person: GIA ��,0� 2y-� Contact's phone number 95-4 ZZ o Email C-LAI(kSord'b(Aca,A 0&16A(1_CO,M Applicant is: o racor Homeowner PROPERTY OWNER INFORMATION: Name: Phone (day): Mailing Address: Email and/or Fax LYAn1 �U g rLltprr �t N �t A-L_ f oM Overall Project Description: fLPL.u-ss 1 �� [A'LrJri/tL LarJ JSr,4Pf 6 �foR E(Lo sfp�j Go4-, 611-oL . Q1.TA . a i wl / .. A.�i_.. A.J A Check Box LAN USE APPL ATIONS Application Fee Escrow Appeal of Administrative Decision $50 NA Commercial Site Plan Review $700* $10,000 (minimum) Comprehensive Plan Amendment $700* $700 Easement / Right -of Way (ROW) Vacation, without Subdivision $700* $700 PID 5 acre minimum per code $200/ acre minimum $1,000 * $10,000 (minimum) PUD Rezoning H 12 Corridor Only) - Residential $700 + $40 per dwelling unit* $10,000 (minimum) PUD Rezoning H 12 Corridor Only) - Commercial/Industrial $200/acre minimum $675 * $10,000 (minimum) RPUD or PRD, without Subdivision $50/dwellin minimum $600 Zoning Amendments including Rezoning $700* $700 Check Box CONDITIONAL USE PERMIT (CUP) Application Fee Escrow After -the -Fact CUP Double Fee Amend Existing CUP $700* N/A Commercial / Industrial Use $700* $700 Duplex Credit (per building) $700* $700 Grading and Fillin -501 cu. yd. or more $700*+permit Fee $700 Grading and filling -within 75' of OHWL (includes seawalls & retaining walls) $700*+permit Fee $700 Grading and filling -wetland and floodplain $700*+permit Fee $700 Guest House / Guest Apartment $700* $700 Institutional -Type: $700* $700 Renewal of CUP, IF no change to original plan $350 NA Residential Accessory Use -T e: $700* $700 *plus, Engineering & Legal Review Costs Packet Last Updated 0329/13 Page 12 of 29 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Enclosed Applicable ❑ ❑ Escrow Agreement (signed) ❑ ❑ Escrow received ❑ ❑ Pre -Application Form ❑ ; . ❑ ' r, Application Form ❑ ❑ Certified Property Owners List 350' , labels and ma 11 Surve(meeting ALL 're uirements ❑ ❑ Pro osed Plans ❑ ❑. :Hardcover Calculations " . ❑ ❑ Septic System Site Evaluation Report ❑ - ❑ Wetland Delineation ❑ ❑ Wetland Buffer Evaluation ❑ ❑ Buffer Im tovement Plan ❑ ❑ ❑ ..- APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant 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 applicantlowner and advise the City Planner assigned to your project. Owner's Sigurea Date: � rta oZ3 Owner's Signature: Date: Applicant's Signature: - 20 �>, 14L Date: 07 - 17 - 2013 Applicant's Signature: Date: Packet Last Updated., 0329/13 Page 13 of 29 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Jf o Address Undo /Lim/ City State Zip I understand my rights as stated above. Signature Phone Packet Last Updated. 0329/13 Page 14 of 29 PC Exhibit B 1100 40 44 c IU4.41 Denotes von m ent Denotes found m ument x o0oo Denotes existing slev. (oone) Denotes ProGosed Nev. Denotes surface dminoge KE MINNETONKA NORTH ARM WATER ELEVATION = 929,84' (N.G.V.D.-1929) 7/3012013 ElOSTING HARDCOVER Building 2,769 Sq.Ft. Pot as 398 Sq.Ft. Walks & Drive 7,251 Sq.Ft. Walls 9 Sq.Ft. Walls (Excludable) 36 Sq.Ft. Total Hardcover 4,463 Sq.Ft. Net Hardcover 4,427 Sq.Ft. Lot Area 30,378 Sq.Ft. X of Hardcover = 14,57 S SITE ADDRESS.- 7330 Cherry P/cce MOUND, MN 55364 DEMARS—GABRIEL I Nmoy [slily "A No surrey, pbn a• report eoe Moore` M me w LAND SURVEYORS, INC. o re=' u.1denet i °x�e mt me sratthet I e. s d* �Ne eo tone 14 r3z c PREPARED FOR: Sate Washington Ave, So w0c. Dank- age CERTIFICATE OF SURVEY CLAIRSON DUTRA Edina, MN 55439 Phone:(763) 559-090e Fax: (952) 757-0490 Davin E. Crook scale OF Lots 1 & 2, Block 11, SAGA HILL REV/SED Dote Jury 31, 2013 Minn. Reg. No. P414 1 =20 PC Exhibit C PC Exhibit D I K jN Z m O \\ z W °0 cl) Q W 0) Z a O 0 a. O W W \ co a 01 IM ( § ( § ) � . . / . |` ( § / {k §2 ) - Eco / 2 \ , G& 6 it ; Ell iij| - O , < \ _z oww ± $ §)§ $ ! w m | `� �» ! ) \ )t\:|#i . § _ -,e \\ m <' } a fe ° 2§ 28 [ (( § ) � PI r Wo F 4 z s a 5 3 6 ?s m m W W W ## w - ..ill i-L / \V O B / / \�/ /�// u� K m .ZIL Z W Q W Z W v// Z o' O_ a W. rc \% \//jam/ �j\\// Z M < LLJ F U) /�jj\// �� X�/ - U) ��+/J V" V,VA///A\/A\//�\// /�VA/j 6L LL U) U) PC Exhibit E City of Orono o Hardcover Calculation Worksheet I Property Address: 1330 Cherry Place, Mcund, MN a �Prepared b Date: --� p Y� C7avid �, Crook 8/ 13/ 2013 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Hardcover Item (Describe) Length x WidthTotal (Square Feet (Example) (Garage) 24' x 30' 720 S.F. A Hw Irremlar 972.14 S.F. B Garage 34.20' x 23.30' 796.86 S.F. C Driveway Iregda 1,061,25 S.F. D Portico Irequla- 853M S.F. E Concrete walk Ire lar 19b6 S.F. F Stairway to lake Irregala 19.20 S.F. G 5taimaytolake Irregilar 16.80 S.F. H 5tairway to lake Irreqular 16-60 S.F. I 5taitwaytolake Ire6pla 729 S.F. ,l Petaininq wal not whin 75' of lake 1.00' x 36.00' 36.00 S.F. K Concrete ratio (flwr) 9.32' x II 40' 106,25 S.F. L Screen path 12.00' x 11,40' 36.80 S.F. M Peck stairs 4.5' x 6.8' + 5.5' x 13.8' 106.50 S.F. N Plastic air conditioner pad 2.83' x 2.83' 8.01 S.F. O Plastic air conditiaer pad 2.83' x 2.85' 8.01 S.F. P t?Xk Iregda 12.25 S.F. Q Cncrete sidewalk 830' x 3.00' 2490 S.F. R Petainirq wall within 75' of lake 1,00' x 9.00' 9.00 S.F. S Concrete slab (dock) 450' x 450' 20.25 S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Existing Hardcover 4,463.29 S.F. Excludable Hardcover See City Code Sec 78-1684 : J Petaininq wall not wr,hin 75' of lake 1,00' x 36.00' 56.00 S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover 36 00 S.F. 3 Net Existing Hardcover Subtract line 2 from line 1 4,421.29 S.F. 4 Total Lot Area 30,378.00 S.F. Existing Hardcover Percentage [ (3) _ (4) ] 4.57 % (Proposed Hardcover next page) January 9, 2013 r * City of Orono Hardcover Calculation Worksheet Property Address: 1330 Ck Prepared by: Pavid E, Croak Stormwater Quality Overlay District Tier: (Circle one) Step 2: PROPOSED HARDCOVER B/ 13/ 2013 Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separate[ for each portion. Key Survey Hardcover Item (Describe) Length x Width Total (Square Feet (Example) (Garage) 24' x 30' 720 S.F)- A Nos 1972.14 S.F. B 6erage —Iffegilar 34 20' x 2330' 796.66 S.F. C (So be removed) J 961.2�z S.F. D Portico Irrer.2la 85.52 S.F. E Leuerekaw (fo be removed) aa-agalaK- -466- S.F. F 5+z� (fo be removed) - -R-26�- S.F. G ( fo be removed) -4-04P- S.F. H (To be removed S.F. I (fo be removed) -4-24- S.F. J To be removed ) 44,99- S.F. K Concrete patio (flax) 9.32' x 11.40' 106.25 S.F. L Screen pordi 12.00' x II 40' 136.80 S.F. M Peck5tairs 4.5'x6.8' + 5.5'x13.6' 106,50 S.F. N Plastic air conditioner pJ 2.83' x 2.83' 8.01 S.F. O Plastic air ca,diticner pad 283' x 2.83' 6.01 S.F. P Pock Irregala 12.25 S.F. Q Cacrete sidewalk 8,50' x 5.00' 24,90 S.F. R Fetainirg wal within 75' of lake 1.00' x 900' 9.00 S.F. S Ccnrrete 51ab (deck) 4.50' x 450' 20.25 S.F. T New l?rivew (fo 6e added) Irr la 709,73 S.F. U New ketaininq wall not within 75' of lake (To be added) 1.00' x 56.00' S6.00 S.F. V New Caicrete flan (To be added ) Te la 81.90 S.F. W New Paver 5idewak (fo be added) 4.00' x I OCO' 40.00 S.F. X New Paver Pa b (To be added ) I rregAar 471.90 S.F. Y New 5tawa to lake (fo be added) 6.00' x 55.00' 198.00 S.F. Z S.F. 1 Total Proposed Hardcover 5,843.82 S.F. Excludable Hardcover See City Code Sec 78-1684 : J fo be removed) -44-G4 S.F. u New ketalnirq wall not within 75' of lake (To be added) 1.00, x 56 00' S6.00 S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover 56.00 S.F. 3 Net Proposed Hardcov6r Subtract line 2 from line 1 5,787,62 S.F. 4 Total Lot Area 30,37800 S.F. Proposed Hardcover Percentage [(3)+(4)) 19.05 % January 8, 2013 PC Exhibit F • BOLTON a MENK, UU, Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952)448-8838•Fax (952)448-8805 www.bolton-menk.com September 9, 2013 City of Orono Attn: Melanie Curtis PO Box 66 Orono, MN 55323 RE: 13-0809 Zoning Permit Application 13-3623 Conditional Use Permit Application 1330 Cherry Place Engineering Review #1 Dear Melanie: 1 NC® As requested, we have completed an engineering review of the documents submitted for the above referenced project. Our current review is based on the following submittal items: • Conditional Use Permit Application, dated 7/17/2013 • Zoning Permit Application, dated 8/15/2013 • City Council Resolution 5572 Granting a Variance to Municipal Zoning Code for 1330 Cherry Place, adopted 1/22/2007 • Certificate of Survey prepared by Demars-Gabriel Land Surveyors, Inc., dated 7/31/13 • Landscaping Plans prepared by Demars-Gabriel Land Surveyors, Inc., dated 8/13/13 We offer the following observations, comments, and recommendations for your consideration: The Certificate of Survey should be revised to include the following: a. Written legal description, including all existing easements. b. Top and bottom elevations for all walls. The plans are unclear what is proposed for retaining walls. The plan should be revised to provide more detail for all proposed retaining wall work. Provide top of wall and bottom of wall elevations and dimensions on the retaining wall in key locations (i.e. grade changes, alignment changes). Walls four feet or greater in height must be designed by a licensed Professional Engineer. Multi -level walls spaced less than double the height of the bottom wall apart shall be considered one wall, and the height shall be determined from the base of the bottom wall to the top of the upper wall. c. Source of topography. d. Finish floor elevations of garage and existing house at connections to driveway and patio. e. Additional spot elevations and contours to better define grading. In particular, additional grading detail should be added on the north side of the garage, on the proposed driveway, south of the existing house near the proposed retaining wall, and on the proposed patio. f. Proposed draintile and area drains. g. Bluff line at top of applicable slopes. It. Hardcover calculations for proposed conditions. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 1330 Cherry Place September 9, 2013 Page 2 i. Label OHWL = 929.4 for Lake Minnetonka. j. Siltfence, inlet protection, and any other practices necessary to control erosion. k. Tree protection fencing as necessary to protect existing trees during construction. 2. For slopes that rise higher than 25' above the OHWL, a bluff analysis including cross -sections should be provided. 3. The perimeter siltfence on the north side of the lot should be relocated so it is down gradient of the proposed grading 4. Significant grading is proposed on the east side of the lot within the 75' setback from the OHWL. It appears that some of the grading is proposed to create a larger patio and clearer view to the lake from the walk -out area of the house. The plans should be revised to indicate minimal grading within this setback that is limited to providing positive drainage away from the house. 5. The applicant should consider removing the geotextile fabric around the draintile and trench in Detail 3. Current research indicates that the fabric can become clogged with fine material and block flow. 6. Perimeter erosion control devices and tree protection fencing should be inspected by the City prior to any land disturbing activities. The Contractor must provide a 24 hour notice prior to inspection. Please let me know if you have any questions or need additional information. Sincerely, BOOLTON & MENK, INC. J8(� "A Robert E. Bean, Jr., P.E. Water Resources Engineer PC Exhibit G Y- Wi 00 III � R L�" v z c1p 5 Vol lam°t �w 0 1 PC Exhibit H Sec. 78-966. - Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. Sec. 78-967. - Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. Sec. 78-1680. - Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. Sec. 78-1683. -Standard hardcover inclusions. The following hardcover items shall be included in proposed hardcover calculations regardless of whether the noted features are proposed to be constructed at the time of a building permit application: (1) Proof of a two -car garage (detached or attached); (2) A driveway for all garages, a minimum of 12 feet in width, subject to the standards in section 78-1681 (3) A 24-inch wide sidewalk connecting the front door to the driveway; (4) The minimum stairway or landing at all exterior doors as required by the building code; and (5) Existing hardcover which encroaches (legally or illegally) onto an adjacent parcel or parcels. a. In such cases of encroachment, the square footage of all encroaching hardcover shall be added to the overall hardcover on the subject lot; b. No credit shall be given towards the overall lot size of the subject lot. Sec. 78-1684. -Standard hardcover exclusions. Landscaping with permeable lining shall not be considered hardcover. Additionally, the following hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner,• a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot,• b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls, (4) Handicapped ramps with a pervious surface below, and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one -fourth -inch spacing between boards and a pervious surface below the decking. Sec. 78-1700. -Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. PC Exhibit I q CMP Part 3B. Land Use Plan LAND USE GOALS AND POLICIES Orono's Land Use Plan is based upon the following goals and policies which in turn have been actively developed and fostered by Orono residents over the last 35 years. LAND USE GOALS 1. To reinforce Orono's environmental protection commitment, with special emphasis on the protection of Lake Minnetonka and Orono's other lakes. 2. To maintain the historic identity and character of the separate urban and rural neighborhoods. 3. To provide appropriate places for a variety of local residential, educational, recreational, industrial and neighborhood commercial activities. 4. To protect neighborhoods from encroachment of incompatible land uses. 5. To coordinate Orono's land uses with that of neighboring communities. 6. To coordinate land uses and developed density with the financial and physical capabilities of the City and its citizens to provide the necessary public facilities and services. GENERAL LAND USE POLICIES 1. The boundary between Orono's Urban and Rural Areas is fixed. Orono's Urban Area will not be strictly defined by the Metropolitan Urban Service Area (MUSA) boundary or future expansions of the MUSA boundary but will be fixed by this and the other elements of the Community Management Plan. Orono's defined Urban and Rural Areas are best described by the planned development types and densities. Areas where the the zoned density allows no more than 1 unit per 2 acres is deemed Rural; areas where the zoned density allows more than 1 unit per 2 acres is deemed Urban, Orono's Urban and Rural areas are depicted and fixed by Map 3B-1. City of Orono Community Management Plan 2005-2030 Page 3B-15 PC Exhibit I CMP Part 3B. Land Use Plan the planned and zoned densities will be provided with municipal sewer at the request of the developer. However, this policy will not preclude development of such areas using fully conforming Individual Sewage Treatment Systems. LAKESHORE RESIDENTIAL LAND USE POLICIES Although Orono's lakeshore has a wide range of diversity in lot size and home size, the predominant character of Orono's lakeshore is natural. This is due to much of the lakeshore being historically developed as large estate lots with homes set back a substantial distance from the lakeshore, or being developed as moderate homes on moderate lots leaving substantial open space. The exception to the natural lakeshore is the areas where historically small cottages were built on small lots close to the lakeshore. These cottages in many cases have been updated, remodeled or expanded into year-round homes. The key goal of the City's Comprehensive Plan is to protect Lake Minnetonka, which includes the preservation of the natural character of the lakeshore and the water quality of the lake. As the demand for, and value of, lakeshore property has dramatically increased, so has the pressure to expand or replace small and not so small older homes with much larger homes. This pressure has the potential to substantially alter the natural character of the lakeshore, and the more open and natural environment enjoyed by property owners along much of the lakeshore in Orono. The following policies will guide the City in addressing development on the lakeshore. 1. Lake Minnetonka shall be protected as a natural and recreational resource. 2. The natural character of the Lakeshore shall be preserved, and when possible, enhanced. 3. The views and open space currently enjoyed by lakeshore property owners shall be protected. 4. The size of a house to be allowed on a lot shall be determined based on the size of the lot, as well as on the shape and topography of the lot. 5. The increase in massing of structures on the lakeshore shall be limited. City of Orono Community Management Plan 2008-2030 Page 311-24 PC Exhibit J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5572 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE Section 78.330 FILE No. 07-3261 WHEREAS, James A. and Linda M. Martinson, husband and wife, (hereinafter "Owners") are the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter "City") and legally described as: Lots 1 and 2, Block 11, Saga Hill Revised, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-330 to construct a replacement residence on a lot that is 0.74 acre when 1 acre is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 16, 2007, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File #07-3261. 2. The property is located in the LR-lB zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The property is approximately 0.74 acre in area and 180 feet in width, The Planning Commission reviewed this application on January 16, 2007 and on a vote of 7 - 0 recommended approval of the variance, based on the following findings: a. The lot was created before there were subdivision regulations. b. A house has existed on the property since 1920. Page 1 of 5 °)O)A �rr CITY of ORONO RESOLUTION OF THE CITY COUNCIL �EssNo. 5.5 7 2 C. There is no adjacent property the Owners could acquire to enlarge the lot. d. There are numerous similarly sized lots with similarly sized houses in the immediate vicinity of this property so the proposed house would not be out of character with the surrounding area. 4. The City Council has considered this application including the findings and recormnendafion of the Planning Commission, reports by City staff, continents by the Owners 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owners, but is necessary to alleviate a demonstrable hardship or difficulty; is 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 Municipal Zoning Code Section 78-330 to allow a replacement residence on a lot that is 0.74 acre when 1 acre is required, subject to the following conditions: Council approval is based on the site and house 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. The final grading plan shall be approved by the City Engineer prior to issuance of the building permit. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 i 9 3. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before January 22, 2008 or the variance will expire on that date. 4. 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. 5. 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 22nd day of January, 2007. ATTEST: Lin a S. Vee, City Clerk Uknes M. White, Mayor f�. mes A. Martinson 4daAM-LM—ar�tmson Page 3 of 5 % mi STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO, 5 5 7 2 The foregoing instrument was acknowledged before me on thisaa day of 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal core rati6 on and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RAOHEL DODGE ��NOYARY ?UBLIC•MINNESOTA ' My Commission Ezphes Jan. 37, 2010 �CL `-u-k QC.O-KqK�-- Notary Public Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5572 This instrument was acknowledged before me this alto day of _j6mnV-o.r, , 2007 by James A. Martinson, husband of Linda M. Martinson. l�((11 +h1aR1f1 1 ! } Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2007 by Linda M. Martinson, wife of James A. Martinson. Notary Public Page 5 of 5 ZONING FILE NO.07-3261 EXHIBIT A RESOLUTION NO. 5.5 r 2 ZONING FILE NO.07-3261 EXHIBITS RESOLUTION NO. 5 9 7 .Z r STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed Deputy City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on January 22, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS qiy hand officially as such Deputy City Clerk and the Corporate seal of the City this ZR!�day of 2007. Deputy City Clerk tasy reel- suers I Beno along une to I Use Avery® Template 51604D j Feed Paper expose Pop-up EdgeT' t, 38 07-117-23 41 0004 38 07-117-23 410051 ANDREA L HENTGES CLAYTON RFUCHS 1395 CHERRY PL 1305 SPRUCE PL MOUND MN 55364 MOUND MN 55364 38 07-117-2341 0053 38 07-117-2341 0078 WILLIAM E SUTHERLAND CITY OF ORONO 1374 NORTH ARM DR P 0 BOX 66 MOUND MN 55364 CRYSTAL BAY MN 55323 38 08-117-2332 0001 38 08-117-2332 0002 ROBERT H GREELEY CITY OF ORONO 1395 CHERRY PL P 0 BOX 66 MOUND MN 55364 CRYSTAL BAY MN 55323 38 09-117-23 32 0017 38 08-117-23320018 ROSS N RIFKIN ANDREW A IVERSON CHRISTINE Z RIFKIN 1318 SPRUCE PL 1310 SPRUCE PL MOUND MN 55364 MOUND MN 55364 38 08-117-23 32 0022 38 08-1 I7-23 32 0023 ERIK W NAFSTAD TERRY) BLOUNT 5335 EMERSON AVE S 1390 CHERRY PL MINNEAPOLIS MN 55419 MOUND MN 55364 38 08-117-23 32 0025 38 08-117-23 32 0026 SCOTT D SANDBERG LIN YAN & AMY YONGLI SHI 1380 NORTH ARM DR 1330 CHERRY PL MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0012 38 08-117-23 33 0021 DANIEL L FENNELL EALLEN SCHMIDT 1400 CHERRY PL 1415 CHERRY PL MOUND MN 55364 MOUND MN 55364 Imo. PRY® 5960T°' PC Exhibit KQ 38 07-1I7-2} 410052 WILLIAM E BOWEN 40 PARK LANE MPLS MN 55416 38 07-117-23 44 0001 CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 320016 STEVEN L & CHRISTINE MCLAIN 1300 SPRUCE PLACE ORONO MN 55364 38 08-117-23320021 DANIEL 1 & HEATHER M TOTMAN 1360 CHERRY PLACE MOUND MN 55364 38 08-117-23 320024 RACHELA MASOTTO 1375 CHERRY PL MOUND MN 55364 38 08-117-23 320027 GREGORY D/JEANNE S GUSTAFSON 1290 SPRUCE PL MOUND MN 55364 38 08-117-23 33 0081 TERESA A & KEVIN B TORGERSON 5317 IN V ERRARY DR PLANOTX 75093 �31oZ3 briquettes faciles b peler I A Repliez III la hachure afin de www.avery.com Utilisez le abarit AVERY® 51600 hSens de 1 reveler le rehord Po u TM 1 1-800-GO-AVERY g 1 caroement p- p 1 1 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (wejL ki ,o,—T-l% of �;15 GIII&W 1 lath [print name(s)] [print ad ess] KZ have reviewed the plans for the proposed improvement or proposed use of the property located at t�TO cliG 1444k also referred to as Land Use Application No. 1 -36 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 plarp an� that the proposed neighbor's project or use requires Council approval. Property Owner 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. +++++xxxxx+xxxxxxx+xxxxx++++xx++xxxxx+xxxxx++++x+xxexxx+x+xexxxxx+xx+>•xxx+xxxx+x+xxxxxxxxxx+xxxxx++xxx++++xx+++++xxxxxxxxxex+++++ ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) 11911 _ Q 12.E � t1 � of I J ISL� l .'�(1 /Y Lj [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at L392 FMMAY A&W also referred to as Land Use Application No. ( (. . I (we) understand that in executing disapproval of the property or use but improvement plans and that the propos Property this acknowledgement, I (we) am (are) not asked to declare approval or merely to confirm for the City Council that I (we) am (are) aware of the :d neighbor's project oar use requires G until approval. 71 Date �s V 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. Packet Last Updated: 0329/13 Page 16 of 29 PC Exhibit L 1 Hennepin County Mailing Label Map Provided By: Taxpayer Services Department V I' I VT.? 3 -44 1 is 1, For more information contact: Hennepin County CIS Division 300 South 6th Street Minneapolis, MN 55487 gis.info@co.hennepin.mn.us Map Comments: 1330 CHERRY PL ORONO, MN 55364 PID# 08-117-23-32-0026 I Print Date: 7/24/2013 Map Scale: V = 186' Buffer Size: 350 feet Map Legend: Water Park Parcel Buffer Region Selected Parcels Major Roads Minor Roads j� ax H+'�tt lVlEN NEPIN 7/24/2013 PC Exhibit H MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. dg er moved, Mc ann conded, to recomme Julie \newrage m, 48 Shad ood Road, gra i ack vas p oposed subj t to the sub ss ineer'sts, ubmission of revised la sc of the ad retaining w , and in lusi ining we s ey. VOTE: Ay 7, N s 0. NEW BUSINESS ap vA of Application -36 Edward of bar over, structur coverage, d rear of a rev d plan add essing the Ci Ian sho 'ng scree ng of the southe t of the top a botto elevations of the w 4. #13-3623 CLAIRSON DUTRA ON BEHALF OF LIN YAN,1330 CHERRY PLACE, CONDITIONAL USE PERMIT AND VARIANCE, 6:40 P.M. — 7:10 P.M. Claison Dutra and Lin Yan, Applicants, were present. Curtis stated the applicant has applied for two separate applications regarding 1330 Cherry Place, including a zoning permit for land alterations and new hardcover which includes changes to the driveway, door landings, retaining/landscape walls and patios outside of the 75-foot zone; and a land use application for conditional use permit and variance approvals in order to conduct land alterations within 75 feet of the lake and construct a new lake access stair. Curtis noted the applicants have provided a revised plan on Friday which is shown on the overhead. The dark line depicts the 75-foot setback. The Planning Commission should determine whether all proposed conditionally permitted uses are or will be consistent with the criteria contained in City Code Section 78-916. Staff s report outlines those criteria, and in regard to this application, Items 1, 2, 6, 7, 9, 10, and 13 are generally applicable. The proposal results in 137 square feet of additional hardcover within the 0-75 foot zone. The proposed stairs are approximately four feet wide, but with the retaining walls, the stair system becomes six feet in width. The applicant is proposing to remove an existing stair where a portion encroaches into the City right-of-way. Since the proposed stair exceeds the minimum, it cannot be approved administratively. Page 3 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Staff finds some of the proposed grading appears to be an attempt to achieve positive drainage away from the house. However, the grading on the lake side slope area seems to be an attempt to create a larger outdoor patio living area and better view from the walk -out area of the house. According to the City's Comprehensive Plan and City Code Shoreland Zoning regulations, grading should be limited within the 75-foot setback area to only that which is minimal and necessary, and any changes or modifications to the lakeshore which result in a significant change in vegetation, topography, etc., are to be discouraged. Staff would suggest the applicant redesign the grading plan to reduce the amounts and the impacts of the grading. An administrative permit for grading will not be issued until the grading within the 0-75 foot area is resolved and approved by the City. Staff would also suggest that the applicant consider redesigning the lake access stair to either meet the minimum 4-foot width requirement or meander the stairs to increase the opportunities to screen the stairs with plantings. Staff met with the applicant this morning and discussed the revised plans and the challenges with regard to stormwater on the property. The applicant's revised plan appears to address the majority of the City Engineer's concerns. However, those changes have not been fully reviewed by the City Engineer. The issues regarding changes to the shoreline still need to be addressed. Curtis stated an onsite meeting with City Staff and the applicant's engineer will be scheduled to review the issues the applicant is identifying regarding the stormwater on the property and to discuss their erosion concerns on the adjacent City right-of-way. Based on the revised plans, a permit will be issued for the driveway work and the retaining wall near the house to correct the grading prior to the winter snow. However, the grading within the 0-75 foot area must be resolved satisfactorily prior to the grading permit and the conditional use permit being approved by the City. Staff recommends tabling the application tonight and the Planning Commission should provide guidance to the applicant regarding the grading within the 0-75 foot setback and screening of the stairs. If the applicant is not amenable to tabling the application, Staff would recommend denial of the conditional use permit and variance as proposed. Page 4 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Thiesse asked if the beech wood tree was removed in the 0-75 foot setback. Landgraver noted only the stump remains. Lin Yan indicated the roots of the tree were damaged in the last storm and that they had obtained a permit to remove it. Landgraver asked if there is any hardcover increase related to the driveway. Curtis indicated there is and that the new hardcover being proposed for the 0-75 and outside of that zone is 1,360 plus square feet for a total of 19 percent. Landgraver asked if the slope would fall within the definition of a bluff. Dutra stated it would not be considered a bluff since it is only 15 feet above the lake. Curtis noted it would need to be 25 feet or higher to be considered a bluff. Lin Yan, Applicant, indicated they just purchased the house May 30, and shortly thereafter there were a number of storms which led them to discover a couple of problems with the property. The first problem relates to the back yard and how it is laid out. Whenever there is a heavy storm, basically the property turns into a riverfront and is not a lakefront. The second problem deals with a large amount of erosion that is occurring on the easement adjacent to the property. Lin Yan noted his property is the lowest point on Cherry Place, which results in a lot of water runoff to his property. Lin Yan stated after the storms, they noticed a number of roots around the trees were exposed and mud was washing into the lake. As a result of the runoff, Lin Yan indicated his shoreline is no longer sandy but full of mud. Lin Yan stated they are attempting to come up with a solution to manage the stormwater and help decrease the runoff into the lake. One option is to open up 40 to 50 feet in the back yard and have landscaping in that area to help slow down the runoff. Lin Yan indicated they did meet with City Staff Page 5 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. this morning and that it sounds like there is an agreement with the City Engineer to come up with a plan for better management of the stormwater in the back yard and on the easement. Lin Yan stated if the erosion continues, it will significantly impact his property. Clairson Dutra stated that he would like the Planning Commission to understand that they are not attempting to improve the view since the house already has a good view but that they are trying to fix the drainage. There is already a good view from the first and second floors of the home and the Yans do not anticipate utilizing the basement very much. Dutra pointed out on the overhead the area that experiences the runoff and has accumulation of water. Dutra stated the water in that area could create instability in the hill and that they are attempting to divert the water away from the house and keep the mud out of the lake. Lin Yan commented Cherry Place is very steep, and that given his observations, it appears a majority of the water comes from the street. The land erosion goes up to North Arm Drive and is also occurring in the area near the lake. Lin Yan indicated he has counted four dead trees in that area already. The plan is to regrade that area and let the water go through the grass, which will help slow down the stormwater that flows into the lake. Chair Leskinen opened the public hearing at 6:52 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 6:52 p.m. Leskinen commented this is a challenging site and that the back yard does slope down to the basement. Thiesse asked what the reason is for Staff s recommendation that the application be tabled. Curtis indicated the applicant has provided some additional information but that their survey still reflects a similar grading plan to what was originally proposed for the 0-75 foot zone. Curtis requested the Planning Commission provide some direction on what they would like to see happen in that area. If the Page 6 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Planning Commission feels the grading plan is appropriate in light of what the comprehensive plan and code requires, the Planning Commission can recommend approval of the application and move it before the City Council. Leskinen asked if the circular area is a big concrete paver patio area. Curtis stated that was depicted on the previous plan as well. Lin Yan indicated the patio is outside of the 75-foot setback. Curtis indicated the heavy black line is the 75-foot setback and that some of the patio is new. Leskinen questioned whether that patio would contribute to the runoff. Thiesse noted the applicant is below the 25 percent hardcover limit and that the patio is outside of the 0- 75 foot zone. Landgraver stated in his view the Planning Commission is strongly encouraged to prevent grading changes that close to the shoreline. Judging by the size of the tree growing on top of the ridge, it appears that the ridge has been there for a number of years and has not been heavily impacted by heavy rains. Landgraver stated because of that, he would not recommend approval and that he would prefer the application be tabled. Lin Yan noted there was a beech tree in that area and that they had received permission to remove it. Landgraver stated he understands that but that the point of his comment was that the hill has been there for a number of years. Lin Yan commented the soil in that area is loose and that the roots were exposed in the last storm which necessitated the removal of the tree. Page 7 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Thiesse stated it should not be the homeowner's problem to take care of the City's water coming off the easement but that he is not sure the landowner should divert his runoff into the lake. Leskinen stated that was the purpose behind her questioning the patio area. Leskinen asked if the patio will carve into the hill area. Curtis indicated that area is already flat and is the area where the water pools. Dutra noted the darker area around the house is not all paver and consists largely of mulch. The patio is only the circular area. Schoenzeit stated until there is agreement between the City Engineer and the applicant's engineer, it seems premature for the Planning Commission to move the application forward. Thiesse commented he would not argue with that. Thiesse asked whether the City allows a maximum of four feet width on the stairs and whether the walls are intended to protect people from falling off the stairs or what their purpose is. Curtis stated they are sitting alongside the stairs. Thiesse asked whether the stairs can be constructed without the walls. Dutra indicated the stairs can be constructed without the walls at the four foot width. Schoenzeit recommended the grading plan be approved by the City Engineer and that the stairs not exceed a four -foot width. Lin Yan stated if the walls along the stairs are not necessary, they do not have to construct the walls. Dutra stated the biggest concern they have is the hill. If a portion of the hill cannot be removed, the slope will be too steep for stairs. Dutra stated they would like to divert the water from the neighbors and the back yard through the grass and away from the area that currently floods. Dutra noted the tree that was Page 8 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. removed had been there for approximately 200 years but that about two feet of roots were exposed and it was dying. To prevent the tree from falling into the house, it was removed. Thiesse stated he was completely against the application until he walked the property. The intent of the ordinance is to protect the lake view of the house. If six feet is removed from the bluff, it will still remain a flat area and people will not be able to tell dirt was removed from that area a year from now. Schoenzeit commented it appears the area was incorrectly graded at one time. Curtis indicted prior to the current house being constructed, there was another house on the property that was located in the lower area of the property. That area was not completely filled in at the time the house was demolished. Schoenzeit stated typically most homeowners will construct a swale along one or both sides of the house but that this property seems to have a slope toward the basement that appears to be incorrect. Dutra stated the plan on the overhead shows the cross-section of the back yard and how much dirt will need to be removed and the area that will need to be filled in. Dutra indicated they are trying to take a little bit of the slope out to make sure that the water that comes from the street is diverted. Leskinen asked if the entire width of the property would be graded flat. Lin Yan indicated it would only be a portion of the back yard. Dutra stated it would be approximately half of the property. Dutra indicated the arrows show the direction of the runoff. Lin Yan stated he owns 183 feet of Lakeshore and that in his opinion it will only be about one-third that will need to be graded. McGrann stated at this point the Planning Commission can table it, deny it, or move it forward. It is the recommendation of Staff that the application be tabled until further comments are received from the City Page 9 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Engineer. McGrann stated in his view the Planning Commission should table the application to get more clarity to what is being proposed. Curtis stated a meeting on site with the applicant's engineer will resolve the issues and that Staff would like to get the recommendation of the City Engineer. Leskinen asked whether the Planning Commission has provided enough direction to the applicant on the other aspects of the application. Leskinen recommended the stairs be limited to four feet in width. Curtis stated she would like the Planning Commission to provide direction on the lakeshore and slope issues as far as appearance and whether vegetation should be included on the slope. Schwingler commented a rain garden might be one option to help handle the runoff. Thiesse noted the property has been clear cut and the ground is showing on top of the berm. Thiesse pointed out there is also no silt fencing. Dutra stated in what they have received so far from the engineer, there is nothing saying that they cannot do something due to technical issues. Dutra stated they are not attempting to create a better view from the walkout but that they are attempting to divert the water from the back yard and correct the erosion issues. Landgraver recommended the applicant limit the amount of removal in the 0-75 foot zone as much as possible. Schwingler stated if the Planning Commission looks at the issues for consideration outlined in Staff s report, a variance being granted would not alter the character of the neighborhood. The issue that needs to be dealt with is the water runoff that is caused, in part, by the city -owned easement. Schoenzeit commented the City should help him resolve that issue. Schwingler stated there are options they can consider to help mitigate the water, such as a rain garden or a swale. Page 10 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Curtis stated the direction she is hearing from the Planning Commission is to have the City Engineer review the situation and arrive at a solution that disturbs the 0-75 foot zone as little as possible and then mitigate or screen the area from the lake as best they can. Landgraver noted they should also comply with the four -foot width on the stairway. Schoenzeit requested they also provide an updated cross-section showing the 75-foot setback. McGrann moved, Landgraver seconded, to table Application $13-3623, Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, conditional use permit and variance. VOTE: Ayes 7, Nays 0. *5. #13-3627 RICHARD ETRHEIM AND REBECCA SHABAZ, 2216 SHADYWOOD R V CE Landgraver m , McGrann seconded, to recommend approval of Appl' on #13-3627, Richard Etrheim and Rebecca baz, 2216 Shadywood Road, granting of verage lakeshore setback variance for an in -ground sp OTE: Ayes 7, Nays 0. *6. #13-3628 THOMAS POTTER O F OF RODNEY AND BARBARA BURWELL, 1100 MILLSTON ROAD, V Landgraver moved, McGripAseconded, to recommend approvai*OkApplication #13-3628, Thomas Potter on behalf ofRoA&y and Barbara Burwell, 1100 Millston Road, gllalting of a setback variXfortheched garage and a variance to allow a second oversized ac ry structure on the to the standard covenants, with the understanding that an as-bui ey withhardns will be required for the property following completion of all active pro to the release of the escrow. VOTE: Ayes 7, Nays 0. Page 11 of 51 Rl 09/18/2013 n4 F' M � �, •Ci 5 � •�. :I 1 hR` O Co O W_ Council Exhibit D NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Clarison Dutra 3412 10`h Ave S Minneapolis, MN 55407 TYPE OF REQUEST: CUP & Variance DATE OF MEETING: 21 October 2013 ZONING FILE: 13-3623 DATE OF NOTICE: 22 October 2013 COPIES Clay Dutra via Lin Yan email: The Orono Planning Commission voted on a motion to recommend approval of the revised plan consistent with the staff recommendation. VOTE: 7 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Tuesday, November 12, 2013 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627. l Council MINUTES OF THE Exhibit E ORONO CITY PLANNING COMMISSION Monday, October 21, 2013 6:30 o'clock p.m. Gaffron indicated the application would go before the City Council and that the Planning Commission could provide some direction on items the Planning Commission feel should be addressed. Gaffron sU kis unsure whether the applicant can provide the exact fixture that will be used at this time. A stated the light bulbs are 250 or 400 watt light bulbs and are not recessed. Thiesse noN ere are lighting requirements that will need to be met. Landgraver stated it is reasonable on the part of the applicant to ask for the ma/ight r of hours for operation and that it is reasonable to adjust them, but from the City's viewpoimore reasonable tocome up with specific hours. Anderst asked what the City vvgld gain from that. Landgraver stated in his view at 11: he outdoor eating activities ould be shut down. Anderst stated if people want to go out on patio and have moke, that should be allowed. Anderst stated he is just trying to make it a pleasant p e for peopt o go outside. Landgraver moved to recommend approval of cation No. 13-3615, James Anderst, 3384 and 3386 Shoreline Drive, granting of a conditional ermit, subject to the City's lighting and noise ordinance and getting clarification on the A requ\notg Leskinen asked if the Planning Commissi would likere defined parking plans. Schwingler stated the parking is wh t is and that theyto be able to createany more parking spaces. Schoenzeit stated the other pkce would be to request a landscaping plankior to Council approval Schoenzeit stated he v) ld make that friendly amendment. Landgraver indiiAed he would accept the friendly amendment. ivyf moved, Lemke seconded, to recommend approval of Application No. -3615, James (3384 and 3386 Shoreline Drive, granting of a conditional use permit, subje to the City's and noise ordinance, getting clarification on the ADA requirements, and subj t to the al of a landscaping plan prior to the City Council meeting. VOTE: Ayes 7, Nays . 4. #13-3623 CLAIRSON DUTRA ON BEHALF OF LIN YAN, 1330 CHERRY CONDITIONAL USE PERMIT AND VARIANCE, 7:27 P.M. — 7:30 P.M. Clairson Dutra and Lin Yan, Applicants, were present. Curtis noted this application was before the Planning Commission at its September meeting. The applicants are requesting a conditional use permit and variance approvals in order to conduct land alterations within 75 feet of the lake and construct a new lake access stair. At that meeting the applicants Page 10 of 42 MINUTES OF THE ORONO CITY PLANNING COMMISSION Monday, October 21, 2013 6:30 o'clock p.m. were directed to revise the drainage plan and yet be respectful of the City's desire for a natural, unchanged shoreline. The Consulting City Engineer and Staff met with the applicant and homeowner on site to work towards a solution. Alternatives were discussed for the shoreline and the results of that discussion are depicted on the overhead. The revised proposed grading within the 75-foot setback takes into account the preservation requirements within the Comprehensive Plan and Zoning Code. In addition, Staff believes the proposed stair system within the 75-foot area has been revised to better allow for vegetative screening and will have little impact on the surrounding lands. The applicant has revised his plan to take advantage of the natural slope, which also allows screening to help mitigate the view from the lake. The stairway is in approximately the same spot. The proposed hardcover for the entire site will be 19 percent where 25 percent is allowed. The applicants' revised proposal results in 209 square feet of hardcover within the 75-foot zone. The existing staircase will be removed that is located within the City's right-of-way. The new stairway will be located in approximately the same area but will be located entirely on the applicant's property. Due to the stair design being set into the existing slope and to avoid additional grading, it exceeds the maximum allowable hardcover and cannot be approved administratively. The existing vegetation of the new stair, and if it is deemed necessary, the applicant should provide a plan to screen the stair with additional vegetation. Staff is not sure whether that is needed based on what is on site currently Staff finds that the revised grading plan achieves the goal of positive drainage away from the home and yet preserves the slope consistent with the City's goals. The Consulting City Engineer has reviewed and approved the most recent plan. Staff recommends approval. Curtis noted a cross-section has been provided illustrating the slope as requested. Lin Yan stated he does not have anything to add to Staffs report. Chair Leskinen opened the public hearing at 7:30 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 7:30 p.m. Leskinen stated she has no issues with the revised plan. McGrann commented the plan makes sense. Schwingler moved, McGrann seconded, to recommend approval of Application No. 13-3623, Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, granting of a conditional use permit and variance. VOTE: Ayes 7, Nays 0. 13-I3J6E3 S L DIVIOON. 7. LLC, RE MTED ODD HOL R TS, AVEN Page 11 of 42 MINUTES OF THE ORONO CITY PLANNING CO Monday, October 21, 2013 6:30 o'clock p.m. Gaffron indicated the application would go before the City Council and that the Planning Co couldprovide some direction on items the Planning Commission feel should be addressed. ( he is unsure whether the applicant can provide the exact fixture that will be used at this time. Anderst stated the light bulbs are 250 or 400 watt light bulbs and are not recessed. Thiesse noted there arklighting requirements that will need to be met. Landgraver stated it is real able on the part of the applicant to ask for the maxi m number of hours for operation and that it is reason a to adjust them, but from the City's viewpoi , it might be more reasonable to come up with specs%gaiursorn Anderst asked what the City wouthat. Landgraver stated in his view at 11:00 the ouNQor eating activitiXshould be shut down Anderst stated if people want to go out on the patio d havjg4 smoke, that should be allowed. Anderst stated he is just trying to make it a pleasant place for pbQV to go outside. Landgraver moved to recommend approval of A icah No. 13-3615, James Anderst, 3384 and 3386 Shoreline Drive, granting of a condition se permit bject to the City's lighting and noise ordinance and getting clarification on the A911 requirement\modefined Leskinen asked if the Planning Commissi would like to see aparking plans. Schwingler stated the parkingis wha is and that they are not o create anymore parking spaces. Schoenzeit stated the other plAe would be to request a landscaping plan prior to CaVcil approval Schoenzeit stated he woZd make that friendly amendment. Landgraver indicaA he would accept the friendly amendment. er,Aoved, Lemke seconded, to recommend approval of Application No. 13-3615, J' 84 and 3386 Shoreline Drive, granting of a conditional use permit, subject to the C ►d noise ordinance, getting clarification on the ADA requirements, and subject to the of a landscaping plan prior to the City Council meeting. VOTE: Ayes 7, Nays 0. 4. #13-3623 CLAIRSON DUTRA ON BEHALF OF LIN YAN, 1330 CHERRY PLACE, CONDITIONAL USE PERMIT AND VARIANCE, 7:27 P.M. — 7:30 P.M. Clairson Dutra and Lin Yan, Applicants, were present. Curtis noted this application was before the Planning Commission at its September meeting. The applicants are requesting a conditional use permit and variance approvals in order to conduct land alterations within 75 feet of the lake and construct a new lake access stair. At that meeting the applicants Page 10 of 42 MINUTES OF THE ORONO CITY PLANNING COMMISSION Monday, October 21, 2013 6:30 o'clock p.m. were directed to revise the drainage plan and yet be respectful of the City's desire for a natural, unchanged shoreline. The Consulting City Engineer and Staff met with the applicant and homeowner on site to work towards a solution. Alternatives were discussed for the shoreline and the results of that discussion are depicted on the overhead. The revised proposed grading within the 75-foot setback takes into account the preservation requirements within the Comprehensive Plan and Zoning Code. In addition, Staff believes the proposed stair system within the 75-foot area has been revised to better allow for vegetative screening and will have little impact on the surrounding lands. The applicant has revised his plan to take advantage of the natural slope, which also allows screening to help mitigate the view from the lake. The stairway is in approximately the same spot. The proposed hardcover for the entire site will be 19 percent where 25 percent is allowed. The applicants' revised proposal results in 209 square feet of hardcover within the 75-foot zone. The existing staircase will be removed that is located within the City's right-of-way. The new stairway will be located in approximately the same area but will be located entirely on the applicant's property. Due to the stair design being set into the existing slope and to avoid additional grading, it exceeds the maximum allowable hardcover and cannot be approved administratively. The existing vegetation of the new stair, and if it is deemed necessary, the applicant should provide a plan to screen the stair with additional vegetation. Staff is not sure whether that is needed based on what is on site currently Staff finds that the revised grading plan achieves the goal of positive drainage away from the home and yet preserves the slope consistent with the City's goals. The Consulting City Engineer has reviewed and approved the most recent plan. Staff recommends approval. Curtis noted a cross-section has been provided illustrating the slope as requested. Lin Yan stated he does not have anything to add to Staff s report. Chair Leskinen opened the public hearing at 7:30 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 7:30 p.m. Leskinen stated she has no issues with the revised plan. McGrann commented the plan makes sense. Schwingler moved, McGrann seconded, to recommend approval of Application No. 13-3623, Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, granting of a conditional use permit and variance. VOTE: Ayes 7, Nays 0. Page 11 of 42 C 302113 Subject: #13-3623, Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, This application was before the Planning Commission at your September meeting where an application involving a CUP and varianc to conduct land alterations within 75 feet of the lake and construct a new lake access stair (?Iscussed. At that meeting the applicants were directed to revise the grading plan to resolve their drainage issues yet be respectful of the City's desire for a natural shoreline. City Staff which included myself and both the City engineer Jesse Struve and our consulting city engineer, Bob Bean met with the applicant and homeowner on site to work toward a solution. Alternatives were discussed for the shoreline, the result of which is reflected in the revised grading plan on the screen. ------------------------------------------------------------------------------------ Conditional Use Permit The revised proposed grading within the 75' setback takes into account the preservation requirements within the comprehensive plan or zoning code. Staff ff believes the roposed stair system within the 75-foot setback area will have little impact on surrounding lands; the plan has been revised to better allow for vegetative screening. The applicant has redesigned the stair to take advantage of the natural slope ts •he Pei -'- "- yerlh and allow for screening to mitigate views from the lake. Hardcover Variance The proposed hardcover for the entire site is 19%. The applicant's revised proposal results in 209 square feet of hardcover within the 0-75' zone. The applicant is proposing to remove the existing stair where a portion encroaches into the City right-of-way as shown. {T,�he revised stair is located in the same area yet is entirely within the property. Due to the cretigA which is set into the slope to avoid additional grading$ exceeds the minimum StFaight dewrrseeess level of hardcover (which would be approximately 125 square feet) and cannot be approved a. administratively. There is existing vegetation in this areIf it is ecessary)the applicant should propose a plan to screen the stair with additional vegetation. Staff Recwmrdation Staff finds)the revised grading plan achieves the goal of positive drainage away from the house yet preserves the lakeshore slope consistent with the City's goals. The consulting City engineer has reviewed and approved the most recent revisions. Staff recommends approval vfi""the CUP and variance according to the revised plans. AA VJ NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Clarison Dutra 3412 101h Ave S Minneapolis, MN 55407 TYPE OF REQUEST: DATE OF MEETING: CUP & Variance 16 September 2013 W010IILI all* DATE OF NOTICE: COPIES Clarison Dutra via Lin Yan email: 13-3623 17 Sept 2013 The Orono Planning Commission voted on a motion to recommend tabling the application for revisions. The applicant was directed to reduce the lake access stair to 4 feet in width, and to work with City engineering and planning staff on a grading plan which minimizes the amount of earth movement within 0-75' zone and solves the stormwater drainage issues. Mitigating measures such as vegetative screening (trees, perennials, shrubs, etc) and/or rain gardens should be incorporated into the plan if appropriate and possible. VOTE: 7 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, October 21, 2013 This is a Planning Commission meeting. The meeting begins at 6:30 PM Revised plans should be submitted to the City by October 7, 2013 for consideration at the October meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtisC&ci.orono.mn.us or 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. asked if the draft ordinance is available to the residents. it is available on the City's website as part of the Planning Com5og'ion packet. Chair Leskinen oNQed the public hearing at 6:38 p.m. There were no public com nts regarding this application. Chair Leskinen closed the public 64ang at 6:38 p.m. Leskinen moved, Thiesse seconded, to Zoning Code Chapter 78, Add Section Planning Commission work session. S *3. #13-3618 EDWARD k-61) JULIE VARIANCES #13-3616, City of Orono, Amendment of ive Energy Systems to the October 2 vs 0. SHADYWOOD ROAD, Landgraver m , McGrann seconded, to recommend approval of Applic ' #13-3618, Edward and Julie erstrom, 2248 Shadywood Road, granting of hardcover, structura erage, and rear set�neer's ariances as proposed subject to the submission of a revised plan addressing City E comments, submission of a revised landscape plan showing screening of the so ast ode of the new garage and retaining wall, and inclusion of the top and bottom elevations of the w retaining wall on the survey. VOTE: Ayes 7, Nays 0. NEW BUSINESS 4. #13-3623 CLAIRSON DUTRA ON BEHALF OF LIN YAN, 1330 CHERRY PLACE, CONDITIONAL USE PERMIT AND VARIANCE, 6:40 P.M. — 7:10 P.M. Claison Dutra and Lin Yan, Applicants, were present. Curtis stated the applicant has applied for two separate applications regarding 1330 Cherry Place, including a zoning permit for land alterations and new hardcover which includes changes to the driveway, door landings, retaining/landscape walls and patios outside of the 75-foot zone; and a land use application for conditional use permit and variance approvals in order to conduct land alterations within 75 feet of the lake and construct a new lake access stair. Curtis noted the applicants have provided a revised plan on Friday which is shown on the overhead. The dark line depicts the 75-foot setback. The Planning Commission should determine whether all proposed conditionally permitted uses are or will be consistent with the criteria contained in City Code Section 78-916. Staff s report outlines those criteria, and in regard to this application, Items 1, 2, 6, 7, 9, 10, and 13 are generally applicable. The proposal results in 137 square feet of additional hardcover within the 0-75 foot zone. The proposed stairs are approximately four feet wide, but with the retaining walls, the stair system becomes six feet in width. The applicant is proposing to remove an existing stair where a portion encroaches into the City right-of-way. Since the proposed stair exceeds the minimum, it cannot be approved administratively. Page 2 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. Staff finds some of the proposed grading appears to be an attempt to achieve positive drainage away from the house. However, the grading on the lake side slope area seems to be an attempt to create a larger outdoor patio living area and better view from the walk -out area of the house. According to the City's Comprehensive Plan and City Code Shoreland Zoning regulations, grading should be limited within the 75-foot setback area to only that which is minimal and necessary, and any changes or modifications to the lakeshore which result in a significant change in vegetation, topography, etc., are to be discouraged. Staff would suggest the applicant redesign the grading plan to reduce the amounts and the impacts of the grading. An administrative permit for grading will not be issued until the grading within the 0-75 foot area is resolved and approved by the City. Staff would also suggest that the applicant consider redesigning the lake access stair to either meet the minimum 4-foot width requirement or meander the stairs to increase the opportunities to screen the stairs with plantings. Staff met with the applicant this morning and discussed the revised plans and the challenges with regard to stormwater on the property. The applicant's revised plan appears to address the majority of the City Engineer's concerns. However, those changes have not been fully reviewed by the City Engineer. The issues regarding changes to the shoreline still need to be addressed. Curtis stated an onsite meeting with City Staff and the applicant's engineer will be scheduled to review the issues the applicant is identifying regarding the stormwater on the property and to discuss their erosion concerns on the adjacent City right-of-way. Based on the revised plans, a permit will be issued for the driveway work and the retaining wall near the house to correct the grading prior to the winter snow. However, the grading within the 0-75 foot area must be resolved satisfactorily prior to the grading permit and the conditional use permit being approved by the City. Staff recommends tabling the application tonight and the Planning Commission should provide guidance to the applicant regarding the grading within the 0-75 foot setback and screening of the stairs. If the applicant is not amenable to tabling the application, Staff would recommend denial of the conditional use permit and variance as proposed. Thiesse asked if the beech wood tree was removed in the 0-75 foot setback. Landgraver noted only the stump remains. Lin Yan indicated the roots of the tree were damaged in the last storm and that they had obtained a permit to remove it. Landgraver asked if there is any hardcover increase related to the driveway. Curtis indicated there is and that the new hardcover being proposed for the 0-75 and outside of that zone is 1,360 plus square feet for a total of 19 percent. Landgraver asked if the slope would fall within the definition of a bluff. Dutra stated it would not be considered a bluff since it is only 15 feet above the lake. Page 3 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. Curtis noted it would need to be 25 feet or higher to be considered a bluff Lin Yan, Applicant, indicated they just purchased the house May 30, and shortly thereafter there were a number of storms which led them to discover a couple of problems with the property. The first problem relates to the back yard and how it is laid out. Whenever there is a heavy storm, basically the property turns into a riverfront and is not a lakefront. The second problem deals with a large amount of erosion that is occurring on the easement adjacent to the property. Lin Yan noted his property is the lowest point on Cherry Place, which results in a lot of water runoff to his property. Lin Yan stated after the storms, they noticed a number of roots around the trees were exposed and mud was washing into the lake. As a result of the runoff, Lin Yan indicated his shoreline is no longer sandy but full of mud. Lin Yan stated they are attempting to come up with a solution to manage the stormwater and help decrease the runoff into the lake. One option is to open up 40 to 50 feet in the back yard and have landscaping in that area to help slow down the runoff. Lin Yan indicated they did meet with City Staff this morning and that it sounds like there is an agreement with the City Engineer to come up with a plan for better management of the stormwater in the back yard and on the easement. Lin Yan stated if the erosion continues, it will significantly impact his property. Clairson Dutra stated that he would like the Planning Commission to understand that they are not attempting to improve the view since the house already has a good view but that they are trying to fix the drainage. There is already a good view from the first and second floors of the home and the Yans do not anticipate utilizing the basement very much. Dutra pointed out on the overhead the area that experiences the runoff and has accumulation of water. Dutra stated the water in that area could create instability in the hill and that they are attempting to divert the water away from the house and keep the mud out of the lake. Lin Yan commented Cherry Place is very steep, and that given his observations, it appears a majority of the water comes from the street. The land erosion goes up to North Arm Drive and is also occurring in the area near the lake. Lin Yan indicated he has counted four dead trees in that area already. The plan is to regrade that area and let the water go through the grass, which will help slow down the stormwater that flows into the lake. Chair Leskinen opened the public hearing at 6:52 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 6:52 p.m. Leskinen commented this is a challenging site and that the back yard does slope down to the basement. Thiesse asked what the reason is for Staff s recommendation that the application be tabled. Curtis indicated the applicant has provided some additional information but that their survey still reflects a similar grading plan to what was originally proposed for the 0-75 foot zone. Curtis requested the Planning Commission provide some direction on what they would like to see happen in that area. If the Page 4 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. Planning Commission feels the grading plan is appropriate in light of what the comprehensive plan and code requires, the Planning Commission can recommend approval of the application and move it before the City Council. Leskinen asked if the circular area is a big concrete paver patio area. Curtis stated that was depicted on the previous plan as well. Lin Yan indicated the patio is outside of the 75-foot setback. Curtis indicated the heavy black line is the 75-foot setback and that some of the patio is new. Leskinen questioned whether that patio would contribute to the runoff. Thiesse noted the applicant is below the 25 percent hardcover limit and that the patio is outside of the 0- 75 foot zone. Landgraver stated in his view the Planning Commission is strongly encouraged to prevent grading changes that close to the shoreline. Judging by the size of the tree growing on top of the ridge, it appears that the ridge has been there for a number of years and has not been heavily impacted by heavy rains. Landgraver stated because of that, he would not recommend approval and that he would prefer the application be tabled. Lin Yan noted there was a beech tree in that area and that they had received permission to remove it. Landgraver stated he understands that but that the point of his comment was that the hill has been there for a number of years. Lin Yan commented the soil in that area is loose and that the roots were exposed in the last storm which necessitated the removal of the tree. Thiesse stated it should not be the homeowner's problem to take care of the City's water coming off the easement but that he is not sure the landowner should divert his runoff into the lake. Leskinen stated that was the purpose behind her questioning the patio area. Leskinen asked if the patio will carve into the hill area. Curtis indicated that area is already flat and is the area where the water pools. Dutra noted the darker area around the house is not all paver and consists largely of mulch. The patio is only the circular area. Schoenzeit stated until there is agreement between the City Engineer and the applicant's engineer, it seems premature for the Planning Commission to move the application forward. Thiesse commented he would not argue with that. Thiesse asked whether the City allows a maximum of four feet width on the stairs and whether the walls are intended to protect people from falling off the stairs or what their purpose is. Page 5 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. Curtis stated they are sitting alongside the stairs. Thiesse asked whether the stairs can be constructed without the walls. Dutra indicated the stairs can be constructed without the walls at the four foot width. Schoenzeit recommended the grading plan be approved by the City Engineer and that the stairs not exceed a four -foot width. Lin Yan stated if the walls along the stairs are not necessary, they do not have to construct the walls Dutra stated the biggest concern they have is the hill. If a portion of the hill cannot be removed, the slope will be too steep for stairs. Dutra stated they would like to divert the water from the neighbors and the back yard through the grass and away from the area that currently floods. Dutra noted the tree that was removed had been there for approximately 200 years but that about two feet of roots were exposed and it was dying. To prevent the tree from falling into the house, it was removed. Thiesse stated he was completely against the application until he walked the property. The intent of the ordinance is to protect the lake view of the house. If six feet is removed from the bluff, it will still remain a flat area and people will not be able to tell dirt was removed from that area a year from now. Schoenzeit commented it appears the area was incorrectly graded at one time. Curtis indicted prior to the current house being constructed, there was another house on the property that was located in the lower area of the property. That area was not completely filled in at the time the house was demolished. Schoenzeit stated typically most homeowners will construct a Swale along one or both sides of the house but that this property seems to have a slope toward the basement that appears to be incorrect. Dutra stated the plan on the overhead shows the cross-section of the back yard and how much dirt will need to be removed and the area that will need to be filled in. Dutra indicated they are trying to take a little bit of the slope out to make sure that the water that comes from the street is diverted. Leskinen asked if the entire width of the property would be graded flat. Lin Yan indicated it would only be a portion of the back yard. Dutra stated it would be approximately half of the property. Dutra indicated the arrows show the direction of the runoff. Lin Yan stated he owns 183 feet of lakeshore and that in his opinion it will only be about one-third that will need to be graded. Mcdrann stated at this" point the Plannin?commissa`on can'ta�le it, deny it, oWmove ikforward. It is the recommendation of Staff that the application be tabled until further comments are received from theiCity Page 6 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. Engineer. McGrann stated in his view the Planning Commission should table the application to get more clarity to what is being proposed. Curtis stated a meeting on site with the applicant's engineer will resolve the issues and that Staff would like to get the recommendation of the City Engineer. Leskinen asked whether the Planning Commission has provided enough direction to the applicant on the other aspects of the application. Leskinen recommended the stairs be limited to four feet in width. Curtis stated she would like the Planning Commission to provide direction on the lakeshore and slope issues as far as appearance and whether vegetation should be included on the slope. Schwingler commented a rain garden might be one option to help handle the runoff Thiesse noted the property has been clear cut and the ground is showing on top of the berm. Thiesse pointed out there is also no silt fencing. Dutra stated in what they have received so far from the engineer, there is nothing saying that they cannot do something due to technical issues. Dutra stated they are not attempting to create a better view from the walkout but that they are attempting to divert the water from the back yard and correct the erosion issues. Landgraver recommended the applicant limit the amount of removal in the 0-75 foot zone as much as possible. Schwingler stated if the Planning Commission looks at the issues for consideration outlined in Staffs report, a variance being granted would not alter the character of the neighborhood. The issue that needs to be dealt with is the water runoff that is caused, in part, by the city -owned easement. Schoenzeit commented the City should help him resolve that issue. Schwingler stated there are options they can consider to help mitigate the water, such as a rain garden or a swale. Curtis stated the direction she is hearing from the Planning Commission is to have the City Engineer review the situation and arrive at a solution that disturbs the 0-75 foot zone as little as possible and then mitigate or screen the area from the lake as best they can. Landgraver noted they should also comply with the four -foot width on the stairway. Schoenzeit requested they also provide an updated cross-section showing the 75-foot setback. McGrann moved, Landgraver seconded, to table Application $13-3623, Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, conditional use permit and variance. VOTE: Ayes 7, Nays 0. Page 7 of 34 PC Notes = Subject: #13-36 3, Clairson D a on behal of lin Ya , 1330 Cherry Place, CUP & Vari equest Public Hearing ----------------------------------------------------------------------------------- Background Two separate applications have been made regarding 1330 Cherry Place - a Zoning Permit for land alterations and changes to the driveway, door landings, retaining/landscape walls and patios outside of the 75 foot zone; and a Land Use Application for CUP and variance approvals in order to conduct land alterations within 75 feet of the lake and construct a new lake access stair. ------------------------------------------------------------------------------------ Conditional Use Permit The Planning Commission and Council must determine that all proposed conditionally permitted uses are or will be consistent with the criteria outlined in City Code Section 78-916. With regard to this application, items 1, 2, 6, 7, 9, 10 and 13 are generally applicable. If the planning commission would like, staff can outline the analysis regarding those criteria. Hardcover Variance The proposal results in 137 square feet of additional hardcover within the 0-75' zone. The proposed stair is approximately 4 feet wide, but with the retaining walls the stair system becomes 6 feet in width. The applicant is proposing to remove an existing stair where a portion encroaches into the City right-of-way; the proposed stair exceeds the minimum and cannot be approved administratively. The guidance within the City's Comprehensive Plan suggests that changes or modifications to the lakeshore which result in a significant change (in vegetation, topography, etc) are to be discouraged. Some of the proposed grading appears to be an attempt to achieve positive drainage away from the house; however some of the grading on the lake side slope area seems to be an attempt to create a larger outdoor patio living area and better view from the walk -out area of the house. According to the Comp Plan and City Code Shoreland Zoning regulations, within the 75' setback area grading should be very limited to only that which is minimal and necessary. The applicant should consider revising the grading plan to reduce the amounts and the impacts of the grading. Staff met with the applicant this morning and discussed the stormwater challenges of the property. The applicant provided revised plans which appear to address most of the engineering concerns but haven't been reviewed yet by the City's engineer. The issue regarding changes to the character of the shoreline remains to be addressed. An onsite meeting will be scheduled with the City's staff and consulting engineers and myself to discuss the issues on site with the homeowner and his engineer. Based on the revised plans, a permit will be issued for the driveway work and the retaining wall near the house however the grading within the 0-75' area must be resolved satisfactorily before the grading permit will be approved by the City. Staff recommends tabling the application and the planning commission should provide guidance regarding the following: 1. The grading within the 75 foot setback. 2. Lake access stairs —screening etc. If the applicant is not amenable to tabling, Planning Staff recommends denial of the CUP and variance as proposed. � ca c �ali ��- �t ikvcO �z w"lam d f 0.6�V 461a,0- a L�� AA4-0 CVD Ss - Wfu� l v4 t -7C2-' 7 `0 4 Melanie Curtis From: Melanie Curtis Sent: Thursday, August 29, 2013 1:11 PM To: David P. Martini Cc: Bob Bean Subject: 1330 Cherry Place - 2 applications Dave Today I gave you plans for two separate applications at 1330 Cherry Place. • 2013-00809: a Zoning Permit for land alterations and new hardcover (driveway, landings, walls and patios); and • 13-3623: a CUP & variance application for land alterations within 75' of the lake and a new lake access stair. The variance part is due to the total hardcover of the stair at 6' wide including the supporting walls exceeding the minimum (4' wide stair). Some of the proposed grading appears to be an attempt to achieve positive drainage away from the house; however the grading on the lake side slope area seems to be an attempt to create a larger outdoor patio living area and better view from the walk -out area of the house. Within the 75'setback area grading should be very limited to the minimal and necessary. Please review the plans and provide comments by September 9th if possible. If you are able to quickly review the plans today and let me know if the materials are incomplete or need changing I would appreciate it. I need to get a letter out to the applicant detailing any missed information etc. Thanks, Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtisAci.orono.mn.us Website: www.ci.orono.mn us City of Orono Office Hours - SUMMER HOURS Monday - Thursday 7:30 am - 5 pm Friday 7:30 am - 11:30 am DAT€ TIME CITY OF ORONO CALLED IN — INSPECTION NOT C SCHEDULED 3 C7 PERMIT NO. COMPLETED ADDRESS 7 OWNER 4/'m LEPHONE NO. 651 CONTRACTOR a %fPC�s Douro �. cx L�/v�z¢ DESCRIPTION t~ii ❑FOOTING PLUMBING FINAL ❑ IXCAWGRADING/FLUNG Q ❑ POURED WALL 0 MECHANICALRI ❑ WCESHOREAVETLANDS In ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNEWFIREPLACE ❑.SITEINSPECTioN Q ❑ RADON SLAB ❑ WATER HOOK-UP O PROGRESS ❑ FINAL ❑ SEWER HOOK-UP _- ❑ COMPLAINT -� ❑ DEMO -SITE ❑ SEPTIC MAIN? O FOLLOW-UP Y❑ DEMO -FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL Cl-PLUMBING RI ❑ ST ❑ FOUNDATION/REMOVAL Z OWW� NTRACTOR TO MEET YO / ES NO y COMMENTS: a a Q/M+ S S �o ty Tc5 G L i-r CC , LL (P Q S etc J t>- Q i :�C_Qf AA w w k ❑ WORK SATISFACTORY: PROCEED ❑ PROJECTCOMPLETE W 000RRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY p ❑ CORRECTWORK, CALL FOR REINSPECTION _ TEMPORARY U BEFORE COVERING PERMANENT - ❑ CORRECT UNSAFE CONDITION WITHIN_ HOURS.-O PHOTOTAKEN INSPECTOR WILL RETURN ❑ STOP ORDER POSTED. CALLINSPECTOR ❑CITATION ISSUED ❑ INSPECTION REQUIRED. CALLTO ARRANGE ACCESS. Call for the next inspection 24 hours in advance- (952) 249-4600 Owner/Contractor on site_ Inspector. White Copy/ipspecloesFile Canary COPyISRe Nofim t CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- 249-46UU VAX: W52) 249-4616 ADDRESS 1330 CHERRY PL PIN 08-117-23-32-0026 LEGAL DESC SAGA HILL REVISED LOT 000 BLOCK 011 PERMIT TYPE ESCROW FEE - APPLICANT PROPERTY TYPE RESIDENTIAL CONSTRUCTION TYPE ESCROW FEE - APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING APPLICATION 13-3623- PAID CHECK # 104 SHI & LIN YAN, AM 1330 CHERRY PL MOUND, MN 55372- CIPi�1f1117 SHI & LIN YAN, AN 1330 CHERRY PL MOUND, MN 55372- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. * 2 0 1 3- 0 0 6 6 8* DATE ISSUED: 07/18/2013 ESCROW FEE - APPLICANT ESCROW FEE -DEVELOPER TOTAL 2,500.00 0.00 2,500.00 Applicant Permitee Signature Date TE PERMITS REQUIRED FOR Issued By Signature Date LAho USE APPLICATION ESCROW A REEM.1JT . Application # 13 -5U 3 AGREEMENT made this 15 day of� 0-� 20_a, by and between the CITY OF ORONO, a Minnesota municipal corporation (LCity") arid' ICY► ` a n (a corporation - optionaQ Recitals 1. Owners have filed Zoning Ap Acation # 13 -3 (O2- 3 formally requesting the City to review plans for Cf l'1;1 4 W1 7.6for raftinj yaws located at 13 Cflu rl Fides the "Subject Property") as more fully shoilvn and described on Exhibit "A" attached hereto. 2_ Owners request the City to review said plans which requires City approval including 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 7. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $2-j5(DQ with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of application # 13 3(p23 . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: CITY ORO OWNERS: By .Br ?i 11! s o internal Use Only: 0 Original to Finance Depa � ,_ ,, _0 Copy to Zoning File O Copy to Street Fiti Packet Last Updated: 03/29/13 Page 10 of 29 Melanie Curtis From: Melanie Curtis Sent: Monday, July 22, 2013 6:17 PM To: 'clairson.dutra@gmail.com' Cc: 'lyan@uswestfinancial.com'; Christine Mattson Subject: FW: 1330 Cherry PI File #13-3623 Attachments: 133623.pdf; Hardcover Calculation Worksheet 2013_SAMPLE.pdf; Hardcover Information Packet-2013.pdf; Walls 2013.pdf I apologize, there was a typo in your address in my first email. Melanie Curtis 9 952.249.4627 ® mcurtis(&ci.orono.mn.us From: Melanie Curtis Sent: Monday, July 22, 2013 6:15 PM To: 'clarison.dutra@gmail.com' Cc: 'lyan@uswestfinancial.com'; Christine Mattson Subject: 1330 Cherry PI File #13-3623 Please see the attached. Additionally although the escrow money was deposited, the property owner must sign the escrow agreement. Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtisAci.orono.maus Website: www.ci.orono.mn.us City of Orono Office Hours - SUMMER HOURS Monday - Thursday 7:30 am - 5 pm Friday 7:30 am - 11:30 am i City of Orono Land Use & Conditional Use Permit Application 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # j 5 - Date Received: 7 _ll Staff : O r1A Fee: Escrow # & $ Permit Fee Notes: 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. Job Site Address: I330 C-t+L kQ V PLAT-& liciaol &_I CONTRACTOR / APPLICANT INFORMATION: Name: Phone: Address: Contact Person: Email C4A, tkgoa -b� a & VIA ((_ Co M Applicant is: o ra or Homeowner (Circle One) PROPERTY OWNER INFORMATION: Name: Phone (day): Mailing Address: Email and/or Fax Overall Project Description: 'R�l �at1J4 a�� r r,�a YUYL L �tJDS RPt TOR T.Ado Sfp.t l Check Box LAN USE APPL CATIONS Application Fee Escrow Appeal of Administrative Decision $50 NA Commercial Site Plan Review $700* $10,000 (minimum) Comprehensive Plan Amendment $700* $700 Easement / Right- f Way (ROW) Vacation, without Subdivision $700* $700 PID 5 acre minimum er code $200/ acre minimum $1,000' $10,000 (minimum) PUD RezoningH 12 Corridor Only) —Residential $700 + $40 Per dwelling unit* $10,000 (minimum) PUD Rezoning H 12 Corridor Only) — Commercial/Industrial $200/acre minimum $875 * $10,000 (minimum) RPUD or PRD, without Subdivision I $50/dwellin minimum $600 Zoning Amendments including Rezoning $700* $700 Check Box CONDITIONAL USE PERMIT (CUP) Application Fee Escrow After -the -Fact CUP Double Fee Amend Existing CUP $700* N/A Commercial / Industrial Use $700* $700 Duplex Credit (per building) $700* $700 Grading and Fillin —501 cu. yd. or more $700*+permit Fee $700 Grading and filling -within 75' of OHWL (includes seawalls & retaining walls) $700*+permit Fee $700 Grading and filling -wetland and floodplain $700*+permit Fee $700 Guest House / Guest Apartment $700* $700 Institutional -Type: $700* $700 Renewal of CUP, IF no change to original plan $ 1 NA Residential Accessory Use - Type: $700* 1 $700 *plus, Engineering & Legal Review Costs Packet Last Updated: 0329/13 Page 12 of 29 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Enclosed Not. Applicalblie ❑ ❑ Escrow Agreement (signed) 0 Escrow received ❑ ❑ Pre -Application Form tcatlon Form ❑ ❑ Certified Property Owners List (350' labels and map Surf i neetln ALL regyiernertts ❑ ❑ Proposed Plans ❑ Hardcover CalCulatton(s) ❑ ❑ Se tic S stem Site Evaluation Report WetIrtd Uebneation ❑ ❑ Wetland Buffer Evaluation O Buffer ImPETTmigiN PI ❑ ❑ APPLICANT AND/OR OWNER: Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. i 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. • Owner and/or Applicant 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 applicantlowner and advise the City Planner assigned to your project. Owner's Sigr�� Owner's Signature: Applicant's Signature: Applicant's Signature' Date: -7 Date: Date: 07 ® / 7 — Zo I Date: Packet Last Updated: 03129113 Page 13 of 29 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: J t^ n' ,/ p City Planner: �I Vr�l.Un 43 Meeting Date/Time: PC Date: What is the purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 1, -3� l i 111 f 1 CQ/ Property Identification Number (PIN): Zoning District: Size CONDITIONAL USE PERMIT REQUESTS: ❑ Amend Existing CUP ❑ Commercial / Industrial Use ❑ Duplex Credit (per bldg) ❑ Grading and filling - ❑ Grading and filling — Grading and filling —within 75' of OHWL 501 cu. yd. or more Wetland and floodplain (includes seawalls, retaining walls) ❑ Guest House / ❑ Institutional ❑ Renewal of CUP ❑ Residential Accessory Use Guest Apartment Type: Type: LAND USE REQUESTS: ❑ Appeal of ❑ Commercial Site Plan ❑ Comprehensive Plan ❑ Easement / ROW Administrative Decision Review Amendment Vacation, without subdivision ❑ PUD — Residential ❑ RPUD, without ❑ Zoning Amendments ❑ PID ❑ PUD - Commercial Subdivision including Rezoning ❑ Other: Applicant's %,� BILLS AND ESCROW: The land use application fee is for city staff time and overhead costs Initials: only. Owner and/or Applicant shall pay for consultant expenses incurred in review of this Owner's / application and/or additional staff time not covered in initial application fee, as well as provide Initials: an escrow in the amount of $� to guarantee payment of the above. OTHER INFORMATION: "Please note: Your conditional use permit application will NOT be accepted without a pre -application meeting during which this form will be co_mplleeettt9d by City staff /./ 1 Applicant Signature: C/�' L� Date: Owner S gnature: Date: Packet Last Updated: 03/29/13 Page 9 of 29 Hennepin County GIS - Printa,'-- " Map Interactive Maps of 40 ��. 1'•: 1I r ]N 1� _ ilk' •�rJi. Parcel ID: 08-117-23-32-0026 Owner Lin Yan & Amy Yongli Shi Name: Parcel 1330 Cherry PI Address: Orono, MN 55364 A-T-B: Abstract Market $1 463,000 Total: Tax $18,745.66 Total: (Payable: 2013) Page 1 of 1 Property Map 'f 1 Yr`y' Map Scale: V = 100 ft. Print Date: 7/17/2013 I P rty Pro a Residential Lake Shore Sale $2 408,000 Type: Price: This map is a compilation of data from various sources and is furnished "AS IS" with no Home- Sale representation or warranty expressed or stead: Date: Non -Homestead 04/2009 implied, including fitness of any particular - purpose, merchantability, or the accuracy and completeness of the information shown. Parcel 0.71 acres Sale Area: 30,748 sq ft Code: COPYRIGHT® HENNEPIN COUNTY 2013 1 Think Green! RECEIVED #3623 JUL 17 2013 http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=450753.0832171337,4977996.C71795 49 CITY OF ORONO Street Address: Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us 22 July 2013 Clarison Dutra 3412 10th Ave S Minneapolis, MN 55407 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #13-3623 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a variance and Conditional Use Permit application for property located at 1330 Cherry Place. Below is a list of items the City of Orono is requesting to complete our review: 1. Three (3) original scaled copies of the certificate of survey, as well as a reduced (11'x17' or smaller), or digital copy indicating the following: a. Stormwater Quality Overlay District Tier; b. all existing structures and the proposed retaining walls, c. all existing hardcover/improvements on the site, d. existing topographic contours as well as contours extending 50' past the property boundaries; e. proposed finished grade/topography (please indicate total cubic yards of proposed earth movement on/off site); and f. Proposed stormwater drainage plan. 2. Landscape plan for screening proposed walls when viewed from the lake. 3. Hardcover Calculation Worksheets (enclosed). 4. Scaled plans, including cross-section construction plans for the retaining walls, together with top and bottom wall elevations shown on the survey. Engineered plans may be required. Please see the enclosed information sheet. 5. Certified Property Owners List — owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612.348.5910. Application #13-3623 is incomplete. If you wish to proceed with your application please submit the items requested above by Monday, July 29 in order to remain on the August 19, 2013 Planning Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, City of Orono W& 6g& Melanie Curtis Planning & Zoning Coordinator Clairson Dutra via email Lin Yan; 8961 Aztec Drive; Eden Prairie, MN 55347 RUN DATE: 7/24/2013 HENNEPIN C( 'TY PROPERTY INFORMATION SYSTEM (PROPERTY ( SRS LIST) 38 07-117-23410004 38 07-117-23410051 38 07-117-23410052 ANDREA HENTGES CLAYTON R FUCHS WILLIAM E BOWEN ETAL TRUSTES 1395 CHERRY PL 1305 SPRUCE PL 1376 NORTH ARM DR ANDREA L HENPGES CLAYTON R FUCHS WILLIAM E BOWEN 1395 CHERRY PL 1305 SPRUCE PL 40 PARK LANE MOUND MN 55364 MOUND MN 55364 MPLS MN 55416 38 07-117-23 41 0053 38 07-117-23 41 0078 38 07-117-23 44 0001 W E SUTHERLAND ETAL HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND 1374 NORTH ARM DR 1295 SPRUCE PL 38 ADDRESS UNASSIGNED WILLIAM E SUTHERLAND CITY OF ORONO CITY OF ORONO 1374 NORTH ARM DR P 0 BOX 66 P O BOX 66 MOUND MN 55364 CRYSTALBAYMN 55323 CRYSTALBAYMN 55323 38 08-117-23 32 0001 38 08-117-23 32 0002 38 08-117-23 32 0016 ROBERT H GREELEY HENNEPIN FORFEITED LAND STEVEN L & CHRISTINE MCLAIN 1385 CHERRY PL 38 ADDRESS UNASSIGNED 1300 SPRUCE PL ROBERT H GREELEY CITY OF ORONO STEVEN L & CHRISTINE MCLAIN 1385 CHERRY PL P O BOX 66 1300 SPRUCE PLACE MOUND MN 55364 CRYSTALBAYMN 55323 ORONO MN 55364 38 08-117-23 32 0017 38 08-117-23 32 0018 38 08-117-23 32 0021 ROSS RIFKIN/CHRISTINE RIFKIN ANDREW A IVERSON DAMEL 1 & HEATHER M TOTMAN 1310 SPRUCE PL 1318 SPRUCE PL 1360 CHERRY PL ROSS N RIFKIN ANDREW A IVERSON DAMEL 1 & HEATHER M TOTMAN CHRISTINE Z RIFKIN 1318 SPRUCE PL 1360 CHERRY PLACE 1310 SPRUCE PL MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 08-117-23 32 0022 38 08-117-23 32 0023 38 08-117-23 32 0024 ERIK W NAFSTAD T & G BLOUNT RACHEL A MASOTTO 1370 CHERRY PL 1390 CHERRY PL 1375 CHERRY PL ERIK W NAFSTAD TERRY J BLOUNT RACHEL A MASOTTO 5335 EMERSON AVE S 1390 CHERRY PL 1375 CHERRY PL MINNEAPOLIS MN 55419 MOUND MN 55364 MOUND MN 55364 38 08-117-23 32 0025 38 08-117-23 32 0026 38 08-1 L7-23 32 0027 S D SANDBERG & C B SANDBERG LIN VAN & AMY YONGLI SHI GREGORY D/JEANNE S GUSTAFSON 1380 NORTH ARM DR 1330 CHERRY PL 1280 SPRUCE PL SCOTT D SANDBERG LIN YAN & AMY YONGLI SHI GREGORY D/JEANNE S GUSTAFSON 1380 NORTH ARM DR 1330 CHERRY PL 1280 SPRUCE PL MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 08-117-23 33 0012 38 08-117-23 33 0021 38 08-117-23 33 0081 DAMEL L FENNELL E A SCHMIDT T A TORGERSON/K B TORGERSON 1400 CHERRY PL 1415 CHERRY PL 1410 CHERRY PL DANIEL L FENNELL E ALLEN SCHMIDT TERESA A & KEVIN B TORGERSON 1400 CHERRY PL 1415 CHERRY PL 5317 INVERRARY DR MOUND MN 55364 MOUND MN 55364 PLANO TX 75093 � N / PAGE: 1 Page 1 of 1 HHennepin County Mailing Label Receipt Provided By: Taxpayer Services Department Company or Homeowner Name: CLAY DUTRA Contact Person: CLAY DUTRA Contact Address: 1330 CHERRY PL ORONO, MN Contact Phone: 952-220-5902 Comments: Print Date: 7/24/2013 9:58:36 AM TOTAL COST:$26.25 Buffer Distance: 350ft MaiL Label Count: 21 PID LIST: 38 07-117-23 410004, 38 07-117.23 41 0051, 38 07-117-23 41 0052, 38 07.117-23 41 0053, 38 07-117-23 410078, 38 07-117.23 44 0001, 38 08-117-23 32 0001, 38 08-117-23 32 0002, 38 08-117-23 32 0016, 38 08-117-23 32 0017, 38 08-117.23 32 0018, 38 08-117-23 32 0021, 38 08-117-23 32 0022, 38 08-117-23 32 0023, 38 08-117-23 32 0024, 38 08-117-23 32 0025, 38 08-117-23 32 0026, 38 08-117-23 32 0027, 38 08-117-23 33 0012, 38 08-117.23 33 0021, 38 08-117-23 33 0081, 7/24/2013 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) f"rV MA1 .OT-ro of 1 J 6Vge /Vj l IGtL�i [print name(s)] [print ad ess] have reviewed the plans for the proposed improvement or proposed use of the property located at I, ;,9 144-e�k also referred to as Land Use Application No. I -362-. 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 1 (we) am (are) aware of the improvement plaW anq that the proposed neighbor's project or use requires Council approval. Owner '- 7-4 — 7D/ Owner 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. wxwwxxwwwwxxxwxxxxwxxxwwxxwxxxxxwwwxwxxxxwwwxxxxxxxwwxxwwwxwxwxxxxwwwxxwwwwwxwxxwwwwwxxxxwxxwxwwwwxxxxxwwwwxwwwxxxwxxwwxwwwxxwwwx ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we)_ Ally-P It,�l IA,1 i1 of I lily l'�� [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1�?,o /ta,44 halso referred to as Land Use Application No. / e. . 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 that the pro_ osed neighbor's project or use requires C uncil approval. 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. Packet Last Updated., 0329/13 Page 16 of 29 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information You are notified that The information you furnish will be used to determine your qualification for the permit or license requested 2 You may refuse to supply data, but refusal may require that the City deny the permit or license 3 The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13 04 (see following page) to review private data on yourself 6 Your full name is required to process this application or permit First Address Zip I understand my rights as stated above Phone Packet Last Updated 0329113 Page 14 of 29 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 #13-3623 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of September, 2013. Mcfnida A. Fadne�s CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 56323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, September 16, 2013, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 13-3616 City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for alternative energy systems. 13-3623 Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, LR-1 B zoning district, requests conditional use permit and hardcover variance approval in order to conduct land alterations on the property within 75 feet of Lake Minnetonka and construct a 6 foot wide lakeshore access stair resulting in 198 square feet of hardcover. 13-3627 Richard Etrheim & Rebecca Shabaz, 2216 Shadywood Road, LR-1C zoning district, request an average lakeshore setback variance in order to permit construction of an in -ground spa ahead of the average lakeshore setback. 13-3628 Thomas Potter on behalf of Rodney & Barbara Burwell, 1100 Millston Road, LR-1A zoning district, requests variances to allow construction of a second oversized accessory structure (a 26' x 64' detached garage) 25 feet from the side lot line where a 30 foot setback is required and only one oversized accessory structure is permitted. 13-3629 Ryan & Stacy Ainess, 1169 North Arm Drive, LR-1 B zoning district, request approval of a subdivision to create two separate buildable lots where one lot currently exists by virtue of a Special Lot Combination Agreement. Subdivision approval includes variances for lot area and lot width as well as extinguishment of the Special Lot Combination Agreement. 13-3630 Bill Coffman on behalf of Ervin Wachman, Plat of Bayside Meadows (PIN 06-117- 23-22-0018), RR-1B zoning district requests approval of a variance to allow reduction in the required number of boulevard trees and variation on the proposed tree spacing for a new subdivision. 13-3631 Landsource, LLC represented by Todd Holmers, 3700 Northern Avenue, LR-1C zoning district, requests approval of a subdivision to create six buildable lots where one lot currently exists. 13-3632 Dale Richardson, 4325 Chippewa Lane, RR-1 B zoning district, requests an after -the - fact setback variance to permit a deck to remain as constructed approximately 34 feet from the side lot line where a 50 foot setback is normally required. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by September 10, 2013 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on August 31, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE" 7/N/2013 HENNEPIN 9r--ITY PROPERTY INFORMATION SYSTEM (PROPERTY � 1 FRS LIST) 38 07-117-134L0004 38 07-117-23410051 38 07-117-23410052 ANDREA HENTGES CLAYTON R FUCHS WILLIAM E BO WEN ETAL TRUSTES 1395 CHERRY PL 1305 SPRUCE PL 1376 NORTH ARM DR ANDREA L HENTGES CLAYTON R FUCHS WILLIAM E BOWEN 1395 CHERRY PL 1305 SPRUCE PL 40 PARK LANE MOUND MN 55364 MOUND MN 55364 MPLS MN 55416 38 07-117-23 41 0053 38 07-117-23410078 38 07-117-23 44 0001 W E SUTHERLAND ETAL HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND 1374 NORTH ARM DR 1295 SPRUCE PL 38 ADDRESS UNASSIGNED WILLIAM E SUTHERLAND CITY OF ORONO CITY OF ORONO 1374 NORTH ARM DR P O BOX 66 P 0 BOX 66 MOUND MN 55364 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 0&117-23 32 0001 38 08-117-23 310002 38 08-117-23 32 0016 ROBERT H GREELEY HENNEPIN FORFEITED LAND STEVEN L & CHRISTINE MCLAIN 1385 CHERRY PL 38 ADDRESS UNASSIGNED 1300 SPRUCE PL ROBERT H GREELEY CITY OF ORONO STEVEN L & CHRISTINE MCLAIN 1385 CHERRY PL P 0 BOX 66 1300 SPRUCE PLACE MOUND MN 55364 CRYSTAL BAY MN 55323 ORONO MN 55364 38 08-117-23 32 0017 38 08-117-23 32 0018 38 08-117-23 32 0021 ROSS RIFKIN/CHRISTINE RIFKIN ANDREW A IVERSON DANIEL J & HEATHER M TOTMAN 1310 SPRUCE PL 1318 SPRUCE PL 1360 CHERRY PL ROSS N RIFKIN ANDREW A IVERSON DANIEL 1 & HEATHER M TOTMAN CHRISTINE Z RIFKIN 1318 SPRUCE PL 1360 CHERRY PLACE 1310 SPRUCE PL MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 08-117-23 32 0022 38 08-117-23 32 0023 38 08-117-23 32 0024 ERIK W NAFSTAD T & G BLOUNT RACHEL A MASOTTO 1370 CHERRY PL 1390 CHERRY PL 1375 CHERRY PL ERIK W NAFSTAD TERRY 1 BLOUNT RACHEL A MASOTTO 5335 EMERSON AVE S 1390 CHERRY PL 1375 CHERRY PL MINNEAPOLIS MN 55419 MOUND MN 55364 MOUND MN 55364 38 08-117-23 310015 38 08-117-23 32 0076 38 08-117-23 32 0017 S D SANDBERG & C B SANDBERG LIN YAN & AMY YONGLI SHI GREGORY D/JEANNE S GUSTAFSON 1380 NORTH ARM DR 1330 CHERRY PL 1280 SPRUCE PL SCOTT D SANDBERG LIN YAN & AMY YONGLI SHI GREGORY D/JEANNE S GUSTAFSON 1380 NORTH ARM DR 1330 CHERRY PL 1280 SPRUCE PL MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 09-117-23 33 0012 38 08-117-23 33 0021 38 08-117-23 33 0081 DANIEL L FENNELL E A SCHMIDT T A TORGERSON/K B TORGERSON 1400 CHERRY PL 1415 CHERRY PL 1410 CHERRY PL DANIEL L FENNELL E ALLEN SCHMIDT TERESAA & KEVIN B TORGERSON 1400 CHERRY PL 1415 CHERRY PL 5317 INVERRARY DR MOUND MN 55364 MOUND MN 55364 PLANO TX 75093 PAGE: 1 0*3L3 Affidavit of Publication State of Minnesota, County of Hennenpin. Keith P. Anderson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. , B.) The printed %d£ a d a w v e a m o -., ��O OON 9 Na CM mr � ro 3 a o g a which is attached was cut from the columns of said newspaper, and was printed and published once = _ d - each week for I successive weeks: oa a 3 a= s a It was first published Saturday, I a m d w a g^" ''// no Fa N3u nc5 vmna3o�aim o the�dayof 2013 aaoN9m oy5o�co� F aa a a� and was thereafter printed d published every _ H. N C a m a Saturday, to and including aturday, a a m m 3 w ". 3 a o a A N the 3 day of-�L=��G2013 d_ o a a a a Q d o m a d m$ n m� m ,F•• 'o' mF3�Q�-= -$andp -m3Eo 3am5:aSR 1O�^;5; o n �. y 5 o a as>po sue° Authorized Agent d 0 3 m �� 5 �o ylom^ov Subscribed and worn to me on this 3 d N v a° x a » a A y a o 3 a a=y ydm - day o 0 13 g N 3 y n �. n � N.a�xn zr =o a =a a F w o A y Notar blic "a " a d HP-1 ay.rr. e 8qm r�'��3 NORMA R. CARSTENSEN �>� NOTARY PUBLIC-MINNESOTA ,°+�. My Comm. Exp. Jan. 31, 2014 Rate Information (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40. Affidavit of Publication State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO- NEER, Long Lake, Minnesota, and has full knowl- edge of the facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each week for f successive weeks: It was first published Saturday, the day of �2013 and was G��tc thereafter printe nd published every Saturday, to and including Saturday, the day of � �11/ 2013 , J Authorized Agent Subscribed a sworn to rye on,this day , 2013 Notary Public a NORMA R. CARSTENSEN NOTARY PUBLIC-MINNESOTA mom My Comm. Exp. Jm, 31, 2014 Rate Information (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40. owi y m 9 JC m = a m n F o xH o p{p semi � a _ w9FS f�N3f o0 9 °''O xw$ � � 3 no a yf`•.j.� 0 3 x papav zm 22 ?� 5i d2A-'9' „N y H B. R pn o_3� from Fern a m S 3 ? y i V Q m y R m N mom-9y.o >amf. urro> 33onN�a� .,6-ms a� Vim' �3 3e Q.•2�1�m� ,gwF'yti �na� o a. yAOI Er-. --�0 o 3' 3 n - � m