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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 11, 2015 7:00 o'clock p.m. 6. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE (continued) Gaffron noted the language that is not underlined is existing language and that there might be some other places where that will need to be removed. McMillan stated it would need to be removed from the City's fee schedule . Levang stated in her view the City Council needs to discuss that further. Gaffron stated it has been in the Code for a dozen years but has not been implemented . McMillan noted it has been in there since 2002 . Walsh and Cornick indicated they are in agreement with Council Member Printup. McMillan asked if Staff would like the Council to make a motion approving the ordinance with the language relating to redevelopment being removed. Gaffron stated it would be helpful if the Council would allow Staff to review it further to ensure that there are other sections that need to be removed and that Staff could bring it back in two weeks. Gaffron stated under this ordinance, as it relates to Lakeview, their original fee was determined to be $550,000 on 145 acres excluding the county road rights-of-way. If the fee is calculated on a per lot basis, it would amount to $353,000. Gaffron noted while Lakeview is not getting a reduction for excess stormwater capacity or newly created wetlands , there would be a reduction for the conservation easement, which is approximately 45 percent of the property area, and would reduce their fee to $195,000 . Gaffron stated that is an example of what the ordinance will do as drafted . Levang moved, Printup seconded, to table Application No. 15-3722, Stormwater and Drainage Trunk Fee. VOTE: Ayes 5, Nays 0. *7. #15-3727 JOHN BROOKS, 905 AND 960 FERNDALE ROAD WEST, SUBDIVISION FOR A LOT LINE REARRANGEMENT -RESOLUTION NO.6499 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6499, a Resolution Approving a Subdivision of a Lot Line Rearrangement at 905-960 Ferndale Road West. VOTE: Ayes 5, Nays 0. *8. #15-3728 W. LANDSCAPES, INC., O/B/O KEVIN AND TERESA TORGERSON, 1410 CHERRY PLACE -RESOLUTION NO. 6500 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6500, a Resolution Granting Variances from Municipal Zoning Code Sections 78-1279 and 78-1680, for the property located at 1410 Cherry Place. VOTE: Ayes 5, Nays 0. Pa ge 10 of 25 Date Application Received: 03/18/15 Date Application Considered as Complete: 04/06/15 60-Day Review Period Expires: 06/05/15 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis l'Y1CC 9''111~ Title: Planner Item Description: Item #8 -CC Agenda -05/11/2015 File #15-3728 [Total Pages 37} Date: 4 May 2015 Item No. 8 Agenda Section: Planning #15-3728, W. Landscapes, Inc., o/b/o Kevin & Teresa Torgerson, 1410 Cherry Pl -Variance -Resolution Zoning District:LR-1B, One Family Lakeshore Residential, 1-acre, 140' Lot Area: 23,038 square feet or 0.52 acres Lot Width: 99' at the OHWL and 99' at the 75-foot setback List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Draft Resolution Survey -Revised Landscape Plan -Revised PC Staff Report & Exhibits 04/15/15 Draft PC Minutes 04/20/15 Application Summary: A new residence is under construction on the subject property. In conjunction with the redevelopment of the site, the applicant is requesting a hardcover variance to permit redesigned retaining walls within 75 feet of the lake. The applicant's plan also involves rebuilding and reorienting the lake access stair near the existing boat house on the property, installing a new retaining wall system, replacing in-kind an existing deck over the boathouse and replacing the existing deck lakeward of the boathouse with a permeable landscape rock area. The retaining wall is the only new hardcover proposed as it is not an in-kind replacement and retaining walls are not permitted within 75' of the lake; the stair is permitted within the 0-75' and therefore not subject to the variance. The retaining walls will not result in an increase of hardcover over 25% and appear to be necessary to ensure stability of the slope without significant grading landward to stabilize the lake yard. Due to their proposed height and the location on the slope they will likely not be visible from the lake. The hardcover calculations and the survey showing the existing conditions near the lake provided with the variance application were inaccurate. The applicant has provided a corrected survey and hardcover calculations reflecting 24.9% proposed hardcover which would be permitted. The revised plan reflects a reduction of 201 square feet of hardcover within the 75-foot setback. Corrected hardcover levels are as follows: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Proposed Hardcover -Revised Tier 1 23,038 s.f. 5,759.5 s.f. 5,736 s.f. 1484s.f. * (25%) (24.9%) w/in 75' Planning Commission Recommendation Item #8 -CC Agenda -05/11/2015 File #15-3728 [Total Pages 37} A public hearing was held on April 20, 2015; there was no one present from the public to speak about the request. The Planning Commission voted 5 to Oto approve the hardcover variance conditioned upon: 1. Applicant shall provide a revised hardcover calculation and survey showing total site hardcover conforming at or below 25% for final inspections and for issuance of the final certificate of occupancy for the new home; 2. An administrative zoning permit will be required prior to commencement of the proposed work within the 75' setback; 3. Applicant shall comply with permitting requirements of the MCWD. Planning Staff Recommendation Planning staff recommends approval of the hardcover variance allowing the reconfigured retaining walls in conjunction with compliance with the planning commission's conditions. The City engineer will review the plans submitted with the administrative permit to address any potential engineering concerns. COUNCIL ACTION REQUESTED Council should consider adopting or amending the attached resolution for approval. A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. 15-3728 Council Exhibit A WHEREAS, Kevin 8. Torgerson and Teresa A.Torgerson, a married couple (hereinafter "the Owners") are the owners of the property. locat~d at 1410 Cherry Place within the City of Orono (hereinafter the "City") and legally described as: lot 2 and 3, Block 4, Crystal Bay View, Hennepin County, Minnesota (P.IN 08-117-23-33-0081) (hereinafter the "Property"); and WHEREAS, the Owners have made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow construction of a new, reconfigured retaining wall within the 75-foot setback oh the Property where retaining walls and their associated hardcover are normally not permitted; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minn~sota, City Code, a public hearing was held by the Orono Planning Commission on April 20, 2015 at which tim~s all persons desiring to be heard concerning this application were given the opportunity to spe~k thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #15-3728. 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 April 20, 2015 and voted 5 to O in favor of a motion to approve the setback and hardcover variances for the walls. The Planning Commission finds that the following factors support the granting of the requested variances: a. The Property contains 23,038 square feet (0.52 acres) in area and has a defined width of 99 feet at the lake and 99 feet at the 75-foot setback. Page 1 of 5 b. A new residence on the Property is currently under construction. c. With a total of 25% overall hardcover, the Property will conform to the hardcover limitations of a Tier 1 lot. d. The proposed retaining wall within the 75-foot setback area will have no impact on surrounding lands. Drainage patterns for runoff leaving the site are not proposed to be significantly altered. e. The proposed retaining wall will not alter the essential character of the neighborhood and because of the proposed location will result in minimal or no negative impact on adjacent properties. f. The project will not adversely impact views of the lake currently enjoyed by the adjacent properties; because of the topography, existing boathouse elevation and proposed location of the wall, the proposed retaining wall plan will not be apparently visible when viewed from the lake. g. The Owner proposes to use the Property in a reasonable manner, however, the proposed use is not permitted by the official controls. The walls are necessary in order to retain the slope. h. The plight of the. landowner is due to circumstances unique to the Property not cr~ated by the Owner. The Owner is replacing previously existing walls with new, reconfigured walls Which will have less visual impact than the previously existing walls. i. The variance, if granted, will not alter the essential character of the locality. l Economic considerations alone do not constitute practical difficulties. k. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. I. The conditions do not apply generally to other land or structures in the district in which the land is located. m. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the Owners. Page 2 of 5 n. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. o. The granting of such variance will not merely serve as a convenience to the Owners, but is necessary to alleviate demonstrable difficulty. p. The Owners' request is in harmony with the purpose and intent of the ordinance. q. The Owners have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable.use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission,. reports by City staff, comments by the Owners and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances. would not adversely affeqt 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, bl.:lt 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 ofthe .above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow construction of a new, reconfigtJred retaining wall within the 75-foot setback on the Property where retaining walls and their associated hardcover are normally not permitted; subject to the following conditions: 1. Council approval is based on the survey submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels shall be conforming to the Tier 1 standards; no hardcover variances are granted to exceed the 25% limitation for the Property. Structural coverage Page 3 of 5 limitations shall also be met. An as-built survey reflecting conformance to the approved plan and hardcover limitation shall be submitted prior to issuance of a Certificate of Occupancy for the new home. 3. Owners shall comply with the City engineer's requirements for the project. 4. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 5. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a zoning permit for land alteration for the project and commencing construction of said project within one year of the date of Council approval, or the CUP will expire on that date (May 11,. 2016). 6. Violation of or non-compliance with any of the terms. and conditions of this resolution shall constitute a violation of the zoning code, .shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' 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 11 th day of May, 2015. ATTEST: Diane Tiegs, 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 _ day of _____ , 2015, by Kevin B.Torgerson, husband of Teresa A. Torgerson. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2015, by Teresa A. Torgerson, wife of Kevin B:Torgerson. Notary Public Page 5 of 5 40 (960) ' \ CERTIFICATE OF SURVEY FOR KEVIN B. TORGERSON OF LOTS 2 & 3, BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA (9SJ.O) {9SJ.8) '", \.~ (960.2} (!166.1)" 40 (97!5) ATE ', ' (S65.1)r'--"'-_'-_,'--,(961.3) (969.8) EXISTING GARAGE \ \ (967.4} EXISTING ·•j HOUSE \ \' ---·968----- \ (969.6) LEGAL DESCRIPTION OF PREMISES Lot 2 and 3, Block 4, CRYSTAL BAY VIEW 0 denotes iron marker found (96eJ:I) EXISTING HOUSE #1430 (908.3): denotes existing spot elevation, mean seo level datum ls10.al: denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house, to be removed, trees, spot elevations, topography, the location of all visible "hardcover", and the proposed location of a proposed house, porch, patio, walk, driveway. and grades thereon. It does not purport to show any other improvements or encroachments. DESC PTIO 8-13-1 ♦ PROPOSED HOVS£ AN'.! GRADES SHOWN LAKE MINNETONKA \ \ \ I ' csse.s) i I I I PROPOSED ELEVATIONS : (per architects plans) 1) Garage =1966.911 2) Top of foundation = 1965.71 1967.251 3) Basement = I 957.0 I 4) First floor = 1967.68! I hereby certify that this survey, pion, or specification was prepared by me, or under my direct supervision, fhi !~~est tf°1tl\e° s1~!{e L~1e~i:~e5L0~~~ Surveyor under Mork $. Gronberg Minnesota Licen e Number 12755 SCALE 1"=20' DATE 4-21-14 JOB NO. 15-139 (96310) 40 (9 ... 1) \ \ \ ~, 19~ '--', "'"' '--(961.J) (905.1) EXISTING GARAGE CERTIFICATE OF SURVEY FOR KEVIN B. TORGERSON OF LOTS 2 & 3, BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY I MINNESOTA (960.2) EXISTING ··] ; HOUSE #1400 (953.D) (953.8) (960.4~ .-, 007' 28" ,.[ 1 Q 1 i:;,:i. '(93810) \ \ \ I I I <' (951.Jl \ \ \ \ \ I I I \ \ I ' • I \ '-._\\ '\:· \ "-\ \<~•> \ \ \ I \ (950'.a) \ \ \ \ \\ \ (/JJ1. \ '\\\\\ \\\ \\\\\ \ \ \, \ \ \ \ \ \ "-\\\\\ 11 "'"-\ \ \ I ' ! '\. (9"°-8/ \_ I I . ---~------=:::. LAKE ' MINNETONKA \\ . ~ . u /g-- \~ill' \I\\\ ~"f>lt: ~ ... I ~-~ I '1i'-I ~ i . c; NORTH ARM < .... ...:I ~ ~ ~ ~ ~ ~? ~ ~ ~ 8 u \ ........ ~,,,.,,~ ~ \ \\• t,~::.l. . .. L .. \...... . ... ~_,~,,~~------·,;:;--, 966.5 I \. ~,.· ..... ,\~, --;:> " \ \.. \'a, => I ~ \ \ ... -···· \ \ '-%19.__ .1.HOU _,_,_ __ _ #1410 (A T-J90.09<f•s.1> SURVEY-f""}~. r-; I LINE <954•7J ~ ~~i~ I I • '••II' ' "'"'' ---r w ( I'/;,/,. t-"~ n RED PIES ·-~4,,1~:---? :;~/,, ~ 16" ........... ·[;'/'.:,~(R) 929.4 CONTOUR ,, ... ...-·LINE {OHW) <•••:i)r·-.... I I ·• .... \ \ "I',(\//--' ...,...-~ ' / I \ I I \ 23.J)~--/ ... ; .. q ... ;-.. ·( 1 I I I: I I \ i I\ \ ~i:~(---s \ W \ -------·-, \ \ !>BR-·__.,. (967.5).- \ (967.4) -~:1. \ "-._g.s.a-___ ~----' EXISTING HOUSE #1430 f9 ... •> I \ '. \ (955.4) I \ I \ \ I \ \ I \ \ I \ ,(958.tl \ I I I I I i I I ! \ I I I I ; I ! ; I '· ', \ I I I (s4.i) I I I I i ,. I I ; I II I i I \ I I I I I I I \ I I I I i I I \ \ I I 111\\\\ \ I /9..,\ \ \ \ \ <•,2.•'I \ , , I i I I I I JOB NO. (97o!5) \ (969,8) DECK LEGAL DESCRIPTION OF PREMISES : Lot 2 and 3, Block 4, CRY ST AL BAY VIEW 0 : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum !910.81: denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum ----@1}--: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. \ (958.1) This survey intends to show the boundaries of the above described property, the location of an existing house, to be removed, trees, spot elevations, topography, the location of all visible "hardcover", and the proposed location of a proposed house, porch, patio, walk, driveway, and grades thereon. It does not purport to show any other improvements or encroachments. (956.5/ \ I I I \ \ \ \ \ \ \ \ ' \ PROPOSED ELEVATIONS : (per architects plans) 1) Garage = I 966.91 I 2) Top of foundation = !965.7! !967.251 3) Basement = !957.0I 4) First floor = 1967.681 GRONBERG AND DATE DESCRIPTION &-13-1-4 I PROPOSED HOUSE AN> GRADES SHOWN F:;~:.1:=l«X&RE\IISED I~ ASSOCIATES, INC. +-20-15 RE\IISED PROPOSED HARDCOVER CONSUL TING ENGINEERS, LAND I hereby certify that this survey, plan, or specification was ftef a red by me, or under my direct supervision, t~: la~s ~t°thea s1~£e L~,f°~~;ie;ihl~ Surveyor under SURVEYORS_. & SITE PLANNERS 24-_,,, / 445 NOl-(TH WILLOW DRIVE /R~ ,.4, -··r• _ _ LONG LAKE, MN. 55356 . . 952-4 73-4141 Mark S. Gronber9. Minnesota L,cemre Number 12755 15-139 l-----½-----------------------1 SCALE 1"=20' DATE 4-21-14 JOB NO. 15-139 m o >< 0 2: C: C":::, ;:;: ~ CD - {9630) --- 40 (966. 1) " ~ £' u /g< r- ~ P-t ~ 3: ~ ~ ~? ~ ~ ~ ~ u z . .. ·•. ---- .. \ \ ~, \ (980.2) ~~ " "' " "' " (985.1) "-{961.J) EXISTING GARAGE (960.4 N 87°27' 28" E; (985.0 1.7) g~9,, , , 'l·S, P R U C E ,S (969.7) •. ..___, 14" HACKBERRY ··..... 'l.~7.91~'/}.. ~ 40 ······················ ... S 87°2"' 35" (969.8) ~ \ \ (969.6) \ \ \ (987.4) EXISTING ··J .of .. .. . ···+· I : HOUSE #1400 EXISTING HOUSE #1430 (953.0) (953.8) w (P) '\'1 11:,,, ''\~I'/:,,, ~ 1'/4 ~ (' ::: '22 .. RED Pl£S If" -:;--~ :::'/. /,I,\:,_~' , ,!,ff\~ LAKE MINNETONKA NORTH ARM ~17 Council Exhibit 8 ~ 3q• BOULDER NALL 31-f BOULDER HALL I DNARF BLUE GLOBE SPRUCE PE'RMEABLE, Cl-IP 5TONELA~5 3' 5TONE STEPS 23 BRACl--11TRICf--lA GRASS CLUMPS EXISTING PERENNIAL AREAS EXISTING PERENNIAL AREAS EXISTING PERENNIAL AREAS m---f------3 PAVEMENT ROSES 1--~1------3 TRANSPLANTED PEEGEE l--lYDRANGEAS /L...------I SKYLINE f--lONEYLOCUST SOD SOD LANDSCAPE ROCK ON FABRIC 31 BOULDER NALL LANDSCAPE ROCK ON FABRIC RECE\VEO ~PR 2 U ?0\~ err< Or ORONO 21 X 21 STONE NITf--1 SYNTl--lETIC GRASS 0 TECf--lNY ARBORVITAES NATIVE PLANTINGS NATURALIZED BANK 0 NATIVE PLANTINGS NATERLNE Council Exhibit C PROPOSED DECK STEPS Nil Tl--lE MAINT ANENCE PERMIT 5, 4' STONE STEPS DOCK LOCATION --+------+---REMOVE EXISTING PATl--1 TO LAKE fXISTh!G n-eER HALL 5=---_ ___:_10. NATIVE PLANTINGS 20 Date Application Received: 03/18/15 Date Application Considered as Complete: 04/06/15 60-Day Review Period Expires: 06/05/15 To: From: Date: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planner 15 April 2015 Council Exhibit D Subject: #15-3728, W. Landscapes, Inc., o/b/o Kevin & Teresa Torgerson, 1410 Cherry Pl, Variance Public Hearing Zoning District: LR-1B, One Family Lakeshore Residential, 1-acre, 140' Lot Area: 23,038 square feet or 0.52 acres Lot Width: 99' at the OHWL and 99' at the 75-foot setback Application Summary: The applicant is requesting a hardcover variance in order to reconstruct/reconfigure a lakeshore retaining wall within the 75-foot setback from the OHWL of Lake Minnetonka. Also, as part of this project, the existing stair system will be rebuilt and reoriented, the existing decking over the boathouse will be replaced in-kind and a permeable patio area will be constructed to replace (in-kind footprint) an existing wooden deck on the lake side of the existing boathouse as well. The hardcover variance is required due to the reconfiguration of the retaining walls within 0-75' setback. Staff Recommendation: Planning Department Staff recommends approval with conditions. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. ExhibitJ. Exhibit K. Application Practical Difficulties Documentation Form Existing Survey Proposed Survey Submitted Hardcover Calculations Proposed Cross-Section Patio Plans Site Photos 1992 Survey City Code Sections Property Owners List Plat Map Pertinent Zoning Ordinance Sections 78-1282. Driveways, stairways, lifts and landings. 78-1288. Hardcover limitations. 78-1680. Hardcover restriction zones. 78-1681. Driveways, in general. 78-1683. Standard hardcover inclusions. 78-1684. Standard hardcover exclusions. 78-1686. Variances. Background FILE #15-3728 15 April 2015 Page 2 of 4 In November 2014 a permit was issued for the construction of a new residence on the subject property. As part of the redevelopment of the property the owners wish to improve the lakeshore area by constructing new/replacement retaining walls; rebuilding and reorienting the lake access stair system; replace (in-kind) the existing decking over the boathouse; and install a permeable patio area to replace (in-kind) an existing wooden deck on the lake side of the existing boathouse as well. The hardcover variance is required due to the reconfiguration of the retaining walls within 0-75' setback; an in-kind replacement would be permitted without a variance. LOT ANALYSIS WORSHEET Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acre) 140' Actual 23,038 s.f. (0.52 acre) 99' @ OHWL & 99' @ 75' SB Structural Coverage: Total Lot Area Total Structural Coverage 23,038 s.f. (0.52 acre) Allowed: 3,455 s.f. (15%) Proposed: 3,437 s.f. 14.9%) Hardcover Calculations: The hardcover calculations provided with the variance application correspond to the hardcover calculations provided with the permit for the new home. However, upon inspection it became apparent that the survey and hardcover calculations don't exactly reflect the current existing conditions with regard to the 0-75' area. Staff is working with the applicant to rectify what is or is not included in the hardcover calculations. A variance to exceed 25% is not being requested. Stormwater Total Area in Overlay District Zone Allowed Hardcover Proposed Hardcover Tier Tier 1 23,038 s.f. 5,759.5 s.f. 5,752 s.f. 685 s.f. * (25%) (24.9%) w/in 75' *this number was adjusted by staff to include the existing wooden decks w/in 75' setback shown on the hardcover calculation sheet as "landscape rock on fabric" (see discussion below). The proposed hardcover within 0-75' shown may decrease before Monday's planning commission meeting and following the applicant's analysis. Hardcover Variance The applicant's plan involves rebuilding and reorienting the lake access stair near the existing boat house on the property, installing a new retaining wall system, replacing in-kind an existing deck over the boathouse and replacing the existing deck near the lake at the bottom of the boathouse with a permeable landscape rock area. The retaining wall is the only new hardcover FILE #15-3728 15 April 2015 Page 3 of 4 proposed as it is not an in-kind replacement and retaining walls are not permitted within 75' of the lake; the stair is permitted within the 0-75' and therefore not subject to the variance. The retaining walls will not result in an increase of hardcover over 25% as permitted and appear to be necessary to ensure stability of the slope without significant grading landward to stabilize the lake yard. There is a discrepancy in the survey information submitted for the new home permit and for this current variance application. Staff is working with the applicant to resolve the discrepancies and to adjust the plan such that total site hardcover is maintained at or below 25%. Basically, both of the existing and proposed versions of the survey submitted reflect landscape rock over fabric both above and below the boathouse where staff believes wooden deck exists in both areas. The 1992 survey from the file reflects a "wood deck" in the boathouse location. It is Staffs understanding that the intent with the permit for the new home in 2014 was that the wooden deck areas were to be replaced with landscape rock over fabric and the survey was prepared to indicate that as the intended non-hardcover material. As a result the permit application and proposed new home and proposed improvements met the required 25% limitation. This is not typically what is expected to be shown on a survey depicting both existing and proposed improvements. Rather the existing decks should have been shown to be replaced with landscape rock over fabric for the same hardcover calculation result. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that the variance to allow the construction of the reconfigured retaining wall within the 0 to 75 foot zone appears to be reasonable and consistent with similar properties in the neighborhood and the retaining wall plan will offer an improvement from the existing wooden tiered walls when viewed from the lake. The City Engineer has reviewed the plans; no significant concerns were noted. The applicant will be required to resolve the inconsistencies between existing site hardcover and proposed hardcover regarding the in-kind replacements and maintain a 25% hardcover limit. 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 variances, if granted, will not alter the essential character of the neighborhood? FILE #15-3728 15 April 2015 Page 4 of 4 3. Does the Planning Commission identify any potential adverse impacts resulting from the project? Does the Commission find it necessary to impose conditions in order to mitigate potential impacts created by the granting of the requested variance? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the hardcover variance for the retaining wall to be located within the 75' setback according to the submitted plans and consistent with compliance with the City Engineer's recommendations with the following conditions: 1. The applicant shall submit a landscape plan for the 0-75' zone which offers screening of the improvements from the lake; 2. Applicant shall provide a revised hardcover calculation and survey showing total site hardcover conforming at or below 25% for final inspections and for issuance of the final certificate of occupancy for the new home; 3. An administrative zoning permit will be required prior to commencement of the proposed work within the 75' setback; 4. Applicant shall comply with permitting requirements of the MCWD. PC Exhibit A CITY OF ORONO VARIANCE APPLICATION 1 8 2015 Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application# /..3 -37 ~ 6' Date Received: 3-1 i -LS Staff : M.C---- Fee: $700 ~ Renewal: $350 After-the-fact: $1,400 Double Fee Escrow Fee: $700 / $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: i '-l Io C~R V Property Identification Number (PIN): • PLA-le, (J,t:, d,vO 'r,,ill/ SS" J~ 'I o ~ -111 -;23 -33 -00 tn Date Property Acquired (month/year): l.t hot1 □ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: W LJttnHJ s UH?'e-::> r::nl(., -/Vtlk.. k:_ ~,e,i=. Phone: c'.RS-t ~ sp3-llSo-S Alternate Phone: ?t/3-4'11-;;Ju<{S-(o6<,cc) Complete Address: _P_O_tl:,~--o~X~3_S_'.ol~--------------------- City, State & ZIP LOa,n--reJ Ml'V SS3S-"] Email: j"Y1.&.,,-k...{J wlt;,.vi-4Gc441es .. ~ Fax: 71P3-t../79-v:!,;l. '8 OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: K.e-v.t:n/ -:1 fl="Yl.eSA '171aC~ ~ Phone ~ q'l.J. -&Jq-t-e<'QJ Alternate Phone: Complete Address: IY IO Cifen..,,c,y' fL¾~ City, State & ZIP IL/lo C~t2 y /J[.,,-1-£,-~--<9/2£hr7/cJ. M/f/ s-r 3~ '/ Email: k:.ev,v.--ferf'1/'.s~Q~ro4 6Lutn1 ' Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): w~ ~1.4.L,t) t.r'l:::-G n!) /le"M--t) t/&: 7:m.?" ~ >t/:r~ n::>-vin~s h,,1/0 l?e--o~.. ,4;./P ~~ ~ wrn, /Ve-i,J '$~/:' $~ ,/fJyV(? A-/Ja-,llM~Ui: • ct'(.E'P ~ Svt.l'Z.{?1-t;,&'-rn#{: e Y +r'ii N;'?'Y'."4 -r,FY1,1:1J un. W/tL.Ls: .A-1UT ur-1"l?'.V'.};; 4,vp wt:T ~~.-u:z £t.~ ~ W./:711: ~ tj~l-./?~S .,, AOP.Z-.v.1:vYl./,'f-L '-I' ~ ~ ~ d"F #PM A-'r-~ L-~ WI ~r ~ rJ7>l6-~~ rJ1feFt£ ~-e.r Wl:J7-t'4:7 ~'-'4-fE cJ'-P ltf1/P 121T~ .wa-90 &112? H A-~ ~ LlJ-;1/e,. r:z:.~ w ~ a~~~ ~ ~,.)~ m-s .ps rJzJ 1ae: #'2:2t,/c:f vl~ (Nlfs" 76' nrrQAt:-f<.. Alo c.tb--N?es 1ZJ ~ Page 11 # 3728 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant's Signature: Date: Applicant's Signature: Date: ------------ Owner's Signature: Date: Owner's Signature: Date: Packet Last Updated: January 2015 Page 12 # 3728 PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." • t,MJ)~~~:; ~~Vf 3. ~--~;c,,r 4. "Economic considerations alone do not co stitute practical difficulties if reasonable use for the property exists u::::.Z.?7 Chapter." • =!~ ~ . . . .d~ , ~~~J';'tf:2f~ 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Setn 116~.06, ~ubd. 2, when in rmony with this hapter." . ~ 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allow d under this Chapter for :lrop~rty in the zone where the affected person's land is loca ed." ~ ~ ~. -;••''-'t Packet Last Updated: January 201 fii • ··,. Page 16 #3728 15 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling:" /. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining prop•~.~ 7'?-c--P': ~ ,? ~&j~uu ~ ~~~ 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. 'The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Packet Last Updated: January 2015 Page 17 13728 0 15 (063,0) 40 " ~ CERTIFICATE OF SURVEY FOR KEVIN B. TORGERSON <;;;~"11 OF LOTS 2 & 3, BLOCK 4, CRYSTAL BAY VIEW ~ ~ HENNEPIN COUNTY, MINNESOTA \ \ \ ~4::>~ ·(~ ---------%1, ',p~ '-' '-, '- '-'-(001.3) ( .. 0.1) (053.0) (030,0) ' I I \ \ \ I I I < ( .. U) \ \ \ \ \ I I I \ ,,,,1\111 \ " ' ,c~•> \ I I I \ (950)1 \ \ \ \ \' \ (~1 \ '\,\\\\ ,,, \'--\\\\\\\\I '-...__ \' \ \ \ I I '-\ \ \ I I I I ( .... 1)' EXISTNG GARAGE (H5.0) / ~\'l'i'.:, ... (INI0.4~ ' ---= 87°27' 28" ,J 1 Q 1 i:\R ---~--~-~-"\,.,.<::,'1 \ 11 \ I I I LAKE MINNETONKA (H4.0) ', ~ I I I µ:l '9«r. ~, ~~•\\\ , ~ ... -I~ ~ \ I t/Jltt{" SURVEY-i-41/fi o LINE J ti., ,~f'~ NORTH ARM u ci ~/~ ~ ~ >-4 3: ~ I") ~ 0 µ:l ~ ~ ~ u 0 \. " , , LINE I TW•iffl&l OPOSEn ' I '"' i -~-oo.JJ \ 1 (004,7) ~, 1~:; f l!~m I li J~ ---+.....J I .l.. IVEWAY ~. " :; . HOUS _\ ____ ~-;···•·"'' ::'.\ ; -\ ~ _,, • #1410 ~f\'r1:--.,, \ : .~ ,, : f •· ~ , 1 ~ I ~ .• ..., .. , ....... · ......... (A ·-r.t,,w./1 ... c~~~ ....... ,,~ ............ . u·•"~ 1966.51 "' I :(,'\'(l'ra:;0 \ i .... ~ \ ~,,J,1•c,')· \ ,:,1•r1 {e-'} 4'1,1,1~~ ;~~~7)~,--~. ___ ..;;,;._ •. ...... •,, " 14'.&-~ ' ,, .······· 90.09 cro.1> I \ I \ ~-, .. ~ ,-1(1 l'f/~, -,~II'~ POST• ~ §"m .. ~F'lis1t"~ 'l,J . "' ~..,. ::5 '-ll,I~:,.~' '4/,1j\l:,.~· ............ W,.=, .:'%.c, (R) 929.4 CONTOUR , .... ...-·LINE (OHW) I I f .,. I ·r1/ 12~ ··-......... ~-•r"l'J(\11'"' w \ '"' .-....._ 96,,_ ....... ----;,:;,-, I I D I ... .-:~. ..,,--tttJ~f-11· \ ..... , .............. 5 87°2{,; 35" \ \ ( .. 7.4) 40 I ', -968--------: EXISTING HOUSE 11430 ! ', (0"5.4) I I \ I I \ ' I ' c...\i \ ' 11 \ \ I I ........ •-··•1:. ~-.> 14!01:1,; ' ,0 ¥-•--:::· 1 I ?23. ey .. /·+·J...} .. -r .. f I 1 \ I I II I I I I I I I I I I I I ! I \ I I I I I I I I I I I i \ I / / / ;c1>141l>\ \\\ I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I \ \ 11;'111\1\\, I I I !-11 \ \ \ \ (032.0) (07ci.5) \ (05 ... ) DECK LEGAL DESCRIPTION OF PREMISES Lot 2 and 3, Block 4, CRYSTAL BA Y VIEW o : denotes iron marker found (908 .3) : denotes ex isting spot eleva t ion, mean sea level datum 1910.8!: denotes proposed spot elevation, mean sea level datum --917 --: denotes ex isting contour line, mean sea leve l datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum . \ (0 ... 1) \ I ( ..... / I I \\\\\ I \ \ \ \ PROPOSED ELEVATIONS (per archi t ects plans) 1) Garage = I 966 .91 I 2) Top of foundation = !965.7! !967.25! 3) Basement = !957.0! 4) First floor = J967 .68! -20 0 20 40 1 ---- 60 This sur v ey intends to show the boundaries of the above described property , the location of an exi sting house, to be removed, trees , spot elevations , topography, the location of all visible "hardcover", and the proposed location of a proposed house , porch, patio, walk , driveway, and grades thereon . It does no t purpor t to show any other improvements or encroachments . S C A L E I N F E E T 141JOMSCJ GRONBERG AND II hereby certify that this survey, pla~, or specifi_c?tion was prepored by me, or under my direct superv 1sron, ASSOCIATES INC and that I am a duly Licensed Land Surveyor under OESCRPTION &-13-14 I PROPOSED HOUSE NIJ GfWlES SHOWN 9-~ 14 I PROPOSED HOUSE REVISED 1~27-14 I REV90HS SCA!.E 1":a20' 1 , the laws of the State of Minnesota. I I 11 l .. CONSULTING ENGINEERS, LAND DATE 4-21-14 Joe NO. 14-130A--------------------------t SURVEYORS & SITE PLANNERS 4 ~6N~~~~~~~?~~f451g~~E L_,~~--<,~-L __ , om I ,4~1~QA REC ... · APR -5 2015 CITY OF ORONO .... I l ~ -a (") m >< ::r C" ;::;: (") (9630) ------ 40 EXISTING (969.7) · .. I ··-... __________ _ CERTIFICATE OF SURVEY FOR \\ h~·t £. 1 KEVIN B. TORGERSON t;;l"ll' '"'~ OF LOTS 2 & 3, BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA (953.0) LAKE MINNETONKA NORTH ARM 929.4 CONTOUR _ .... ...-·LINE (OHW) (963,0) 40 (966.1), '. ~ .- ~/§- ~ ~ ~ 3= ~ 10 ~ ~ ~ ~ ';:c ~ u 0 f CERTIFICATE OF SURVEY FOR KEVIN B. TORGERSON k.._ OF LOTS 2 & 3, BLOCK 4, CRYSTAL BAY VIEW ~~ HENNEPIN COUNTY, MINNESOTA ,<•J•r 1 I \ \ I (951.J) \ \ \ \ \ \ -~~ (953.0) \ ~ (95J.8) ~ \ ~ ' ' . ",, "...__, ~ EXISTING ··1 \ "-\\\\\I ·1 \ "-' ,'~·•> \ \ \ I \ (950~ ' \ \ \ \\ \ ,~, \ '\\\\\ \\\ \...__ \\\\\\\ \ \ ( .. 5.1).-::------a...-,<••1.J) -? : EXISTING (964.8) ·;--......__ " \ #1400 ,..,,.J \ ~ .i., , .. ,:,iN 87°27' 28" W ,.2 1 i:i 1 r::.>1 ~\•\'_b~ P R U ?,_~S ~~ 1'1,, GARAGE ".sisi ~ " IVEWAY l\ ~--- t ······37j"""""' • \ \ ' " !966.51 ' .fill I (,) I • I,.~...,.?"' I ~ ✓ .......... ~ ~~ ROPOSE ", \\ \ \ \ I '-\ \ \ I \ \ I '--, <•••\ \ : I I I I --·-=-········ ,!~2.•i \1 \dz:l: \ I\ -..c ~-...___ -taX,11.\ \ "'f"V 5' ;ETBACK LINE / ·-,•~\ I I .i,, I ·~ <Ji I \ I I I \ \ I :,..~I\ I 11 -MAPt:i; \ ~. I IJ,l I I efld'f;'-1 \~ ~.H I I '' \II' ,''"lff t'-/ . .,. MAPLE /, SURVEYJ-.\~~~fr/'/ LINE -1 :~ 'hi < .... -rJ ~l'i r~ $ 1~/\J,f I ---+ .~ ~§K TW: .......J..· aw, l~~lEPS (0) I';;. ~~\'\'7:, -·-:-4: 1~1r 'W'' ''-1.tp''' I LAKE MINNETONKA NORTH ARM -4-' STONE DECK STEPS .......... "(LESS THAN 26" ~ GRADE) ,. 4' Slot£ STEPS (X) 929.4 CONTOUR ... ....-·LINE (OHW) \. 1, .... ,. ···+ . ...... ·<>--._ (969,7/•. ' % . ~~·· ~~;;;;.;;;0~"¥~~=j~~~~?~~~,~~ T·.. , ·=, g -" ··-..... "i~.~;:.J!f,MRRY \ ,;,{¥·, ( ·•. ·-..... 'l)(\f/' \ , ......... ~RRY >-/ _.,, w.w:;,._. / / (969.8) ............... s s1°2.i:;• 35 ,, w \ "li.'(;;l-ss~:_-s52. ~"!fr· 1 l9n0ci~ ... ,i I .. ...-··'/--<•-·· \... ,j23.0~--/"'/°'t'°1\ ... I I \ \ t / I I I i I' i I I : I I \ I I e\.1-,c>(.10f'. /'f\01-,o'll"'< 40 (97o!s) \ \ (969.6) "( _.,,/-\ \ I \ 966' _.,, (901.oi -I I \ (967.4) ""\·•> I ' ~ \ --96S _.,,/ ··•·+· \ I ___ // ' \ I \ EXISTING \ I \\ ,-v HOUSE t \ #1430 r 1 / .... ,) \ I / I ,9 .... 1 I i I I I I I \ I I \ I I I I c.l...!i I , i I I ! I I I I I I I \ I I \ I I I I I I I I \ ' I 1; 1 il 1 \\\\ <•,..•I I I / I I i \ \ \ I I I/ 1 ,1 .... ,1 \\\\\ I I , ' \. \ I I PROPOSED ELEVATIONS : (per architects plans) LEGAL DESCRIPTION OF PREMISES 1) Garage = I 966.91 I 2) Top of foundation = I 965.7 I I 967.25 I Lot 2 and 3, Block 4, CRYSTAL BAY VIEW 3) Basement = !957.0I 0 : denotes iron marker found 4) First floor = 1967.68! (908.3) : denotes existing spot elevation, mean sea level datum denotes proposed spot elevation, mean sea level datum 1 !910.8!: ---917--: denotes existing contour line, mean sea level datum --@QI}-: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing house, to be removed, trees, spot elevations, topography, the location of all visible "hardcover", and the proposed location of a proposed house, porch, patio, walk, driveway, and grades thereon. It does not purport to show any other improvements or encroachments. -20 0 20 40 60 I i 1+130A3.scJ DA ICRPTION 8-13-14 I PRCPOSED HOUSE AN> GRACES SHOWN 9-23-1-4 I PROPOSED HOUSE REVISEO S C A L E IN F~ I GRONBERG AND II hereby certify that this survey, pia!', or specif(c9tion was prerored by me, or under my direct superv1s1on. SCALE 1"=20' ASSOCIATES INC and tho I om a duly Licen~ed Land Surveyor under , , the lows of the State of Minnesota. 1---1-------------------Ht-·-:lE-• ..... coNSULTING ENGINEERS, LAND DATE 4-21-14 JOB NO. 14-130Aa-----+-----------------------1 SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE LONG LAKE, MN. 55356 952-473-4141 I ~ ~ ~~ I JOB NO. Mark s. Gronber9. -Minnesota UcenseNumber 12755 14-13oA "tJ C') m >< :!. 0-;:;: 0 - (96 ) 40 KEV;N B. TO.RGERSON OF LOTS 2 & 3, BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA v J.:J .l \, .l .l .l. J. v .l"1 J. J.:J V J.' u U J. \, V J.:J .l J.' V J. \, (953.0) {953.S) LAKE MINNETONKA NORTH ARM 4' STONE DECK ST£Ps ...... ••····cL£SS THAN 26" F'ROM GRADE) •• 4' STONE STEPS (W) {X) 929.4 CONTOUR ..... ...-lfNE (OHW) . ~ Exhibit E RECEIVED City of Orono p Ha rdcover Calcu lation Worksheet A R O 1 ?015 Property Address: /7"/CJ CJ./e/Ul.'r' l'lACf' (-rora;c~.Jruv) CITY OF ORONO Prepared by: (;Rovtit"~r; i A.11'ac I A ff" S,: IMC'. Date: 9 ·r -3 /'JI' /t'J•l 7-l't Stormwater Quality Overlay District Tier: (Circle one)~ Tier 2 Tier 3 Tier 4 Tier 5 Step 2:{eROPOS E_g 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 fo rm). Includ e 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 spli~ at the 75' setback line and calculate hardcover square footage separatef'I for each portion. j Key to Hardcover Item (Describe) Length x Width Tota l Survey (Square Feet} (Examolel (Gari3oe) (24' x30'l (720 S.F.) A llOUft 302'9' S.F. B COdJ:J?.t=:0 /JtJR C ii /1./7 S.F. C /1),I t,lt 20:3 S.F. D /JAJI//: /4'0/l S.F .. E ~ .A J/~.IL'f' J 31 S.F . F r11urc1<~11 flAT It? '91/ s.F. G ~AT I O j,'/o· S.F. H .I'Tcl'.J 8B S.F . I /',,r//lE.AS ~ ,.,, S.F. J /.Jt}lt-( (I)~~ WALi.. '85 S.F. K /I ·/ ,~ so S.F. L ✓J • ✓, WJ'T?.l••.J o -?S' 7-,,..,,.E' 21 S.F. M ,,, .,, r--9 S.F . N /.I .II 6°0 S.F. 0 C'PµC, WAU.-J. rr1.t>r f"fl(I r7,1~c;) ~., Ji 6fl 87 S.F. p i!!"''f.l N"/<vC hx-}nfJqJAi,.l.$U~.JTNJ11v t>-7S .. 2b~. 97 S.F . Q .,,., ,, ,l,f ,~ ,,, .'B S.F. R ,I I ~,o fr,;,11,.r. c-o,vc. 7~ S.F . s ~~,;.,Pt:1.£!!.11 J'Ti!IM<r r r f!'f.J .r 2 .0 S.F. T .LAµ(IJ'C..Al'f[' ,,toe/( CIA/ FAIJA H : 157(~ 7 C'c;u,..;r(:{)) 0 S.F. u € )oJ"1'h • ..tC r-TA.Lt C'"fua, ( IJ~rl< ~N rr>") /~7 S.F. V /!l)C/it:' n A ✓/ ;:: ..4 I/It I c. 2 93 f~.1d'f" ('O,!t,,fM w6'l 0 S.F. w . ~ S.F . X ,, S.F. y -S.F. ' z S.F. (1) Total Proposed Hardcove r 6062 S.F. Excludab le Hardcover (See City Code Sec 78-1684): 1..T. w fri v At1v,1J€Jl w,1ur ourNf) ~ o;.-7S " ::. J?S+so-1-?<1-t,O = 20 1/ S.F. c ' I r'IA.l'T .l(Jil(}., nP hA/ltf.,r-A/JL~ t,,,,,/Jtf<. ./(.1 n S.F. S.F. S.F. S.F. (2) Tota l Excludable Hardcover g () o/ S.F. (3) Net Proposed Hardcover rsu btract line (2) from line (1)1 . :•""" S7S8 S.F . (4) Total Lot Area 2-3:0Jli S.F. Proposed Hardcover Percentage [ (3) + (4)] ., 2'1/f'/1 %. ,5 ,,(t{~ufi 4 i.. C<>VC/1... = '4) I/Cit,( ff + 96:r;v('J!~,i(J ;'>t:J/4,, (' ll + (fr) ~J/f'A.(f'!I Ifill TIO -} '4 (Ou.ff. 1'fUdMu,~) JanuaryB,2013 Jo2.9 + /o/7 + '7L.1 · r -f. /((7 :: 3 't'.17 .::: .t~. 92 ~ti PC Exhibit F PROPOSED CROSS SECTION OF PERMEABLE CHIP STONE AREA / / / / / / / / / // / / / / / / / / #3728 MAR 1 8 2015 cnY FC - PC Exhibit G l --•,· MARK KAWELL uJ ~ I ill > j!=;::========w:<r I -~ ill I ~ f l41o ?-H~Y r~- Lots 2 and 3, Block 4, CRYSTAL BAY VIEN ___,--~--~....-.:suRVEYS:COMPANY, INC ■r----------- OF O NO ~SURVEYORS CITY'OF ORONO . =1£, SITE PLAN -GRADH'tG PLAN ·•.s. • ~ SITE PLAN -.:. GRADING PLAN lit AP?AOVED -() e.<:,\<. °J ?<-1 ISTERED UN~kk tAW~ OF STATE OF MINNESOTA ~ APPROVED I I I 0 An¥r· 1ROVED WiTH REVISIONS 560-3093 □ APPROVED WITH REV,'SIONS ~Yo_lsAP~L 760 • 73rd Av=i~l. 1!funesot.a 55428 &v°ISA.::!:~D DAE °'1!"<1-•~-o;, ,,n, ' · DATE J_~, f;urtiiyrtr1;, O!rrtiftratt -4t-1400 -~TU v~O ~ ' -~op..Y _qr(Ju.,D ~Af2. '· ' ~~3 ~- r, ot:---------:---~~---------:;;;;..,+---.::-~-..--.,-----..-~ --. i ' 4-! I .1, i I The only easements shown are from plats of record or information provided by 1-~JZ"( ~ ~ . PC Exhibit H INVOICE N0.~3~28~5:.i.1.0 __ ~ F. B. NO. 560-63 SCALE I" _ ___.2~0~' --- 0 -DENOTES I RON ORONO COPY' \) c!ienl r,l! t~O ~j V\e hereby certify that this is a true'-and. correct representation of _a ~urvey of t:-e ~ i boundaries of the above described land and the location of all buildings and vis--J. ibl~ encroachments., if any, from or on said land. Su-veyed by us this 9th day of October . 19 -"""92.__ __ Signed/ p/µdlv~ ;,Raymond A. Prasch, Minn. Reg. No. 6743 PC Exhibit I DIVISION 3. -SHORELAND OVERLAY DISTRICT STANDARDS Sec. 78-1282. -Driveways, stairways, lifts and landings. (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)-(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. (Ord. No. 101 2nd series,§ 1(10.56(16)(F)), 2-24-1992; Ord. No. 59 3rd series,§ 2, 5-11-2009) Sec. 78-1288. -Hardcover limitations. Hardcover on all lots within the shoreland overlay district shall comply with the requirements of Article XIII: Stormwater Quality Overlay District. (Ord. No. 94 3rd series, § 6, 9-24-2012) Editor's note-Ord. No. 94 3rd series,§ 6, adopted Sept. 24, 2012, repealed the former§ 78- 1288, and enacted a new§ 78-1288 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 101 2nd series,§ 1(10.56(16)(L)), 2-24-1992; Ord. No. 59 3rd series,§ 3, 5-11-2009. 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 regulatedby the shoreland overlay district. (Ord. No. 94 3rd series,§ 11, 9-24-2012) Page 1 Sec. 78-1681. -Driveways, in general. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2: 1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. Drawing 1 is included for illustrative purposes. Drawing 1: Minimum Driveway Standards j__ $' -- 'o Ii Side Load E 8, ti Backup Apron {If Required) S'xS' Minimum i: ~====::-----1""1 Apron Depth 20· Min. End load Minlmum Wldth of = Garage Door g~ C: lo t ____ _ 4'Rad {Min) S'R.ad. Minimum Driveway Standards Driv€way \Mdth 8'MirJmum (20' Maximum) Page 2 (Ord. No. 94 3rd series,§ 11, 9-24-2012) 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. (Ord. No. 94 3rd series,§ 11, 9-24-2012) 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. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1686. -Variances. Variances to hardcover, if granted on lots within the stormwater quality overlay district, may be subject to mitigation measures deemed appropriate by the city council to offset the impacts generated by the proposed additional hardcover. (Ord. No. 94 3rd series,§ 11, 9-24-2012) Page 3 RUN DATE: 03/09/2015 38 08-117-23 32 0001 ROBERT H GREELEY 1385 CHERRY PL ROBERT H GREELEY 1385 CHERRY PL MOUND MN 55364 38 08-117-23 32 0002 HENNEPTN FORFEITED LAND 38 ADDRESS UNASSIGNED C ITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 08-117-23 32 0022 ERIK W NAFSTAD 1370CHERRY PL ER IK W NAFSTAD 1370 CHERRY PL ORONO MN 55364 38 08-117-23 32 00'.?3 T&GBLOUNT 1390 CHERRY PL TERRY J BLOUNT 1390 CHERRY PL MOUND MN 55364 38 08-117-23 33 0012 DANIELL FENNELL 1400 CHERRY PL DANIELL FENNELL 1400 CHERRY PL MOUND MN 55364 38 08-117-23 33 0015 CHRISTOPHER D PATNODE 1430 CHERRY PL CHRISTOPHER D PATNODE 1430 CHERRY PL MOUND MN 55364 JR 08-117-23 33 0016 TM SCHAIBLE & ML SCHAIBLE 1450 CHERRY PL TODD & MICHELLE SCHAIBLE 1450 CHERRY PL MOUND MN 55364 38 08-117-23 33 0021 EA SCHMIDT 1415 CHERRY PL E ALLEN SCHMIDT 1415 CHERRY PL MOUND MN 55364 38 08-1 17-23 33 0022 E ALLEN & CAROL A SCHMIDT JR ADDRESS UNASSIGNED E ALLEN & CAROL A SCHMIDT 1415 CHERRY PL MOUND MN 55364 38 08-117-23 33 0023 DA vro REIGEL 1435 CHERRY PL DAVID REIGEL 1435 CHERRY PL MOUND MN 55364 HENNEPIN COUNTY PROPERTY JNFOR.i\1ATION SYSTEM (PROPERTY OWNERS LIST) 38 08-117-23 33 0024 MARK R DONGOSKE 1445 CHERRY PL MARK R DONGOSKE 1445 CHERRY PL MOUND MN 55364 38 08-117-23 33 0081 T A TORGERSON/K B TORGERSON 1410 CHERRY PL TERESA A & KEV IN B TORGERSON 14JOCHERRY PL MOUND MN 55364 # 3728 PC ExhibitJ PAGE: J MAR 182015 Cl 'OFO, O O MAR 1 8 2015 13728 Cl 0 PC ExhibitK H Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Department I~ I C. (25) >-cc a,: UJ J: 21- (1) (2) 08-117-23-3 (21) (22) (24) 08-117-23-33 (25) Buffer Size: 150 feet Map Comments: 1410 CHERRY PLACE ORONO MN 55364 2 13728 (12) (21) \ I (22) (23) (81) (15) (16) MAR 182015 FO, 0 0 Date : 3/9/2015 0 30 60 120 ft I I I I I I I For more information contact : Hennepin County GIS Division 300 6th St reet South Minneapolis , MN 55487 gis .info@hennepin.us MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 20, 2015 6:30 o'clock p.m. Council Exhibit E 3. #15-3727 JOHN BROOKS, 905 AND 960 FERNDALE ROAD WEST, SUBDIVISION FOR A LOT LINE REARRANGEMENT, 6:40 P.M. -6:45 P.M. John Adams was present. Gaffron stated the applicant is represented tonight by John Adams. The .. ;;tppUcant is proposing a lot line rearrangement. In this case a portion of the property at 960,Jocated onthenorth side of Ferndale, is a triangular piece of property that is virtually all wetland with a portio:n ofshoreland. The triangle is proposed to be transferred to the property to the southand:combinedwitht~eproperty to thesouth at 905 West Ferndale. ·· · ·· Gaffron stated the portion that is being transferred, becatisejtis either a very thin stripofshoreland or is wetland, really has no impact on the build-ability of the lot The !PPHr~t also owns the parcel to the east. The applicant has not indicated that he plans to combine thetriang1ewith the property to the east, but that piece by itself is almost entirely wetland. ,., ' ,·,,,; . .. ,,. ,,,, ,.• ,,' ' •, Gaffron pointed out the channel on the overhead. 'Tb.~ 9lQ,felevation acti.tall~;follows the shoreline. Gaffron stated Ferndale Marsh is really contiguous with the.la~e because of that channel. ;'.' ·: ; t , ·_; -:~:::.:' ,,'_,:.'.) Staff recommends approval of the applicatio:nfNo new lots arebeini<5reated as a result of the lot line rearrangement. The applicant will be requir~fl:to provi<le new legal descriptions and complete the appropriate paperwork. The Planning Commission had no 9.ue:;;tions for Staff. John Adams stated he would be 1:1,ble tOanswer any questions the Planning Commission may have. :'.< .. , Chair Leskinen ~perie,d the public heari:ng atKJ:42 p.m. ·:-,.<;;;; ,•'..i.,;;;·. ::·,. :,,· ' ·, There iet~!~6 public 2oIIUUents regarding thisit~m. / n q1~;tteskinen closed the publiche~ing at 6:42 p.m. Lesk:i:ne:n S'tl:lted this application i~ also.;pretty straight forward. Berg moved,Thitlsse seconded;to recommend approval of Application No. 15-3727, John Brooks, 905 and 960 F~rntl~le.8,oad West, granting of a lot line rearrangement. VOTE: Ayes 5, Nays 0. 4. #15-3728 W \,A.Nl)SCAPES, INC., ON BEHALF OF KEVIN AND TERESA TORGERSON, 1410 €HERRY PLACE, VARIAN CE, 6:45 P.M. -6:50 P.M. Mark Hauri, W Landscapes, Inc., was present. Curtis stated in November of 2014, a permit was issued for construction of a new residence on this property. As part of the redevelopment of the property, the owners wish to improve the lakeshore area by constructing new or replacement retaining walls; rebuilding and reorienting the lake access stair system; replacing in kind the existing deck over the boathouse; and install a permeable patio or a permeable landscape rock area to replace in kind an existing wooden deck on the lakeside of the boathouse. Page 3 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 20, 2015 6:30 o'clock p.m. The retaining walls within the 75-foot setback are the subject to tonight's hardcover variance, which is required due to the reconfiguration. An in-kind replacement of the retaining walls would be permitted without a hardcover variance. As stated within Staffs report, the hardcover calculations and the survey shqwing the existing conditions near the lake provided with the application were inadequat~. The applicanf ""'orked with Staff and has provided a revised survey calculations and landscape pl~It;sultin:g;in24;9pfrcent hardcover, which would be permitted. The revised plan reflects a reduction i:i:i,hardcoye1:of20.l§quare feet within the 75- foot setback area to offset the decking that was shownint};te Staffreport. The applicant's plan involves rebuilding and rearrangin~this]akea(;cess stai; ne\Vtheexist:ing boathouse, installing new retaining walls, replacing an existing deck, a.ndrepl~cing the decking onthefakeside of the boathouse with a landscaped rock area. Curtis noted the re1:ainingwaUis the only new hardcover. The stairway and landing is permitted since it is an allowed hard.cover strugµfre within the 0-7 5 and not subject to the variance. The retaining walls will not res,ult in an incre~~>of hardcover over 25 percent and appear to be necessary to ensure the stability of the glope without significant;'gl,'ading to stabilize the lake yard without walls. ·· · ·· ·· ·· · Staff finds that the variance to allow the construction of tJ:i~,recopfig~ed retaining wall within the 0-7 5 foot zone appears to be reasonable and consistent with simllar pro~ies in the neighborhood and the retaining wall plan will offer an improvemehfefrom tli~c~Xisting wooden tiered walls when viewed from the lake. The City Engineer has reviewed theplans and no signific1:mt concerns were noted. Staff recommends approval of the hardcover variance for the retaining wall to be located within the 0-7 5 foot setback according to revised submitted plans and consistent with compliance with the City Engineer's recommendations witb.tlie fo119wing conditions: 1. The apnticruit shalls,ubmit a lands,cape plan for the 0-7 5 foot zone which offers screening of the impfov~~ents fro~the lake; · }/' . ..· .. ,. -:.·•.:··. >.3) Applicant shall pro;1c1i ivrevised hard~over calculation and survey showing total site hardcover conforming at or belowZ5 percent for final inspections and for issuance of the final certificate of · occupancy for the new home; 3. Ah)idministrative zoning permit will be required prior to commencement of the proposed work wit4i,rjthe 7 5-foot setb~ck; 4. The applicant shal[c01;nply with permitting requirements of the MCWD. Curtis stated the Planning Commission should hold a public hearing and discuss the application. Le skin en asked how much hardcover will now be in the 0-7 5 foot zone. Curtis indicated the applicants have reduced it by 201 square feet. Mark Hauri, W Landscapes, stated he is available to answer any questions the Planning Commission may have. Page 4 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 20, 2015 6:30 o'clock p.m. Chair Leskinen opened the public hearing at 6:49 p.m. There were no public comments regarding this item. Chair Leskinen closed the public hearing at 6:49 p.m. ,', i,-',',J Leskinen noted most of the hardcover is allowed and thattbe recdtlng~ing cif the stairs and retaining walls is what triggered this review. Schoenzeit stated in his view Staffs recommendationcofered itw6ll. Thiesse stated he has no concerns. Thiesse asked if the ta.Uestwallis two feet tall cohs,isting of boulders. Hauri indicated it is. Thiesse questioned the need for a landscape plantoredticethe view ofth;~iillfrom the lake. Leskinen stated she has no particular concernsthathavettbfalreadybeen addressed in Staffs report. Schoenzeit moved, Thiesse seconded, to r¢~~~mendapproval Q:f'.t\.pplication No. 15-3728, W Landscapes, Inc., on behalf of Kevin and 'f ~resa Toi•gerson, 1410 Cherry Place, granting of a variance, subject to Staff's reconynendations with'JJ:ti¢ elimhiadon of the requirement for a landscape plan. VOTE: Ayes 5,iNlly~O. .. ,. ·,·, 5 #15-3729 SPRING IIlLLGQLF CLUB, 725 SIXTH A VENUE NORTH, CONDITIONAL USE PERMIT, 6:51 P.M. -7:0~PJ\I,i Tim Johnson.Spring Hill.Golf Club,was present. :,::,:/:·//.,.:.-. ,' /, . ' · .. ··'J :-.,(t .:::·:/ Curtis.stilteqiSpring Hilf@olfCNhhas requested approval of a conditional use permit to construct a winteracpessory practice and traiJl,ing building approximately 55 feet from Sixth Avenue North accessed of:f,qf the golf club entry road. SJJ.:ring Bill Golf Club exists within the RR-lB district and operates under a;cori4iticmal use permit. All accessory buildings are subject to the conditional use permit and must be locateqat least 50 feet from adjacent properties zoned for residential use. The Code proyiges guidance for reviewing conditional use permits. The Planning Commission may recommend atid tlie CounciLntay grant conditional use permits based upon an application and evidence submitted. Further~ the City must find the proposed use on the proposed site to be in conformance with the standards outlined inCity.;Code Section 78-916 and are subject to additional conditions the Council feels are necessary. With regard to this application, a majority of the conditions listed in Staffs report are generally applicable. Staff notes the proposed location and elevations of the holding tanks for the septic appear to conflict with the proposed grading plan to create a stormwater pond adjacent to County Road 6. Before this application moves forward to the City Council, the applicants must coordinate the two plans and make whatever revisions necessary to eliminate the conflict. Page 5 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monilay, April 20, 2015 6:30 o'clock p.m. #15-3727 JOHN BROOKS, 905 AND 960 FERNDALE ROAD WEST, SUBDMSION A LOT LINE REARRANGEMENT, 6:40 P.M. -6:45 P.M. John Ad s was present. Gaffron stated e applicant is represented tonight by John Adams. The applicant is . posing a lot line rearrangement. his case a portion of the property at 960, located on the north si e of Ferndale, is a triangular piece of p erty that is virtually all wetland with a portion of shorel . The triangle is proposed to be transfe d to the property to the south and combined with the roperty to the south at 905 West Ferndale. Gaffron stated the portion that i eing transferred, because it is eithe a very thin strip of shoreland or is wetland, really has no impact on di build-ability of the lot. The a , licant also owns the parcel to the east. The applicant has not indicated t he plans to combine ,1 triangle with the property to the east, but that piece by itself is almost entirely · tland. Gaffron pointed out the channel on the overhe . .4 elevation actually follows the shoreline. Gaffron stated Ferndale Marsh is really contiguo--,.·.v-·--the lake because of that channel. Staff recommends approval of the application. one ots are being created as a result of the lot line rearrangement. The applicant will be requir to provide · w legal descriptions and complete the appropriate paperwork. The Planning Commission had no John Adams stated he would b . able to answer any questions the Planm Commission may have. Chair Leskinen opened There were no publ' comments regarding this item. Chair Leskine closed the public hearing at 6:42 p .m. Leskine stated this application is also pretty straight forward. B g moved, Thiesse seconded, to recommend approval of Application No. 15-3727, John Br ks, 05 and 960 Ferndale Road West, granting of a lot line rearrangement. VOTE: Ayes 5, Nays 0. 4. #15-3728 W LANDSCAPES, INC., ON BEHALF OF KE\ITN AND TERESA TORGERSON, 1410 CHERRY PLACE, VARIANCE, 6:45 P.M. -6:50 P.M. Mark Hauri, W Landscapes, Inc., was present. Curtis stated in November of 2014, a permit was issued for construction of a new residence on this property. As part of the redevelopment of the property, the owners wish to improve the lakeshore area by constructing new or replacement retaining walls; rebuilding and reorienting the lake access stair system; replacing in kind the existing deck over the boathouse; and install a permeable patio or a permeable landscape rock area to replace in kind an existing wooden deck on the lakeside of the boathouse. Page 3 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 20, 2015 6:30 o'clock p.m. The retaining walls within the 75-foot setback are the subject to tonight's hardcover variance, which is required due to the reconfiguration. An in-kind replacement of the retaining walls would be permitted without a hardcover variance. As stated within Staffs report, the hardcover calculations and the survey showing the existing conditions near the lake provided with the application were inadequate. The applicant worked with Staff and has provided a revised survey calculations and landscape plan resulting in 24.9 percent hardcover, which would be permitted. The revised plan reflects a reduction in hardcover of201 square feet within the 75- foot setback area to offset the decking that was shown in the Staff report. The applicant's plan involves rebuilding and rearranging this lake access stair new the existing boathouse, installing new retaining walls, replacing an existing deck, and replacing the decking on the lakeside of the boathouse with a landscaped rock area. Curtis noted the retaining wall is the only new hardcover. The stairway and landing is permitted since it is an allowed hardcover structure within the 0-7 5 and not subject to the variance. The retaining walls will not result in an increase of hardcover over 25 percent and appear to be necessary to ensure the stability of the slope without significant grading to stabilize the lake yard without walls. Staff finds that the variance to allow the construction of the reconfigured retaining wall within the 0-75 foot zone appears to be reasonable and consistent with similar properties in the neighborhood and the retaining wall plan will offer an improvement from the existing wooden tiered walls when viewed from the lake. The City Engineer has reviewed the plans and no significant concerns were noted. Staff recommends approval of the hardcover variance for the retaining wall to be located within the 0-75 foot setback according to revised submitted plans and consistent with compliance with the City Engineer's recommendations with the following conditions: 1. The applicant shall submit a landscape plan for the 0-75 foot zone which offers screening of the improvements from the lake; 2. Applicant shall provide a revised hardcover calculation and survey showing total site hardcover conforming at or below 25 percent for final inspections and for issuance of the final certificate of occupancy for the new home; 3. An administrative zoning permit will be required prior to commencement of the proposed work within the 75-foot setback; 4. The applicant shall comply with permitting requirements of the MCWD. Curtis stated the Planning Commission should hold a public hearing and discuss the application. Leskinen asked how much hardcover will now be in the 0-75 foot zone. Curtis indicated the applicants have reduced it by 201 square feet. Mark Hauri, W Landscapes, stated he is available to answer any questions the Planning Commission may have. Page 4 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 20, 2015 6:30 o'clock p.m. Chair Leskinen opened the public hearing at 6:49 p.m. There were no public comments regarding this item. Chair Leskinen closed the public hearing at 6:49 p.m. Leskinen noted most of the hardcover is allowed and that the reconfiguring of the stairs and retaining walls is what triggered this review. Schoenzeit stated in his view Staffs recommendation covered it well. Thiesse stated he has no concerns. Thiesse asked if the tallest wall is two feet tall consisting of boulders. Hauri indicated it is. Thiesse questioned the need for a landscape plan to reduce the view of the wall from the lake. Leskinen stated she has no particular concerns that have not already been addressed in Staffs report. Schoenzeit moved, Thiesse seconded, to recommend approval of Application No. 15-3728, W Landscapes, Inc., on behalf of Kevin and Teresa Torgerson, 1410 Cherry Place, granting of a variance, subject to Stafr s recommendations with the elimination of the requirement for a landscape plan. VOTE: Ayes 5, Nays 0. ~ #15-3729 SPRING IDLL GOLF CLUB, 725 SIXTH A VENUE NORTH, CONDITI9 U~RMIT, 6:51 P.M. -7:02 P.M. Tim John~ Hill Golf Club, was present. .·· C~rtis stated Spring H~ Golf Cl~b. has r~q~ested appr?val of a conditional u~~. ermit to construct a wmter accessory pract1Ce'8.Qd trammg bmldmg approximately 55 feet from · th Avenue North accessed off of the golf club entry roa~.Spring Hill Golf Club exists within the . y:1B district and operates under a conditional use permit. All ac~ry buildings are subject to the nditional use permit and must be located at least 50 feet from adjacent 1,r~ies zoned for resid1/. 1al use. // The Code provides guidance for reviewing con · ional / permits. The Planning Commission may recommend and the Council may grant conditional permits based upon an application and evidence submitted. Further, the City must fmd the prop "cl use the proposed site to be in conformance with the standards outlined in City Code Section -916 and are s · ect to additional conditions the Council feels are necessary. With regard to this lication, a majority o e conditions listed in Staffs report are generally applicable. :1'/' · ,, ~· '- Staff notes the proposed loc · n and elevations of the holding tanks for th~tic appear to conflict with the proposed grading pl . o create a stormwater pond adjacent to County Roa<l'°"Before this application moves forward to the 1ty Council, the applicants must coordinate the two plans an ake whatever o eliminate the conflict. Page 5 of 13 PC 042015 #15-3728, Mark Hauri -W. Landscapes, Inc., o/b/o Kevin & Teresa Torgerson, 1410 Cherry Pl, Background In November 2014 a permit was issued for the construction of a new residence on this property. The owners would also like to improve the lakeshore area by constructing new/replacement retaining walls; rebuilding and reorienting the lake access stair system; replace (in-kind) the existing decking over the boathouse; and install a permeable patio area to replace (in-kind) an existing wooden deck on the lake side of the existing boathouse as well. The retaining walls within 0-75' setback are the subject of tonight's hardcover variance, which is required due to the reconfiguration. An in-kind replacement would be permitted without a hardcover variance. Hardcover Calculations: As stated within the staff report, the hardcover calculations and the survey showing the existing conditions near the lake provided with the variance application were inaccurate. The applicant has provided a revised survey calculations and landscape plan resulting in 24.9% hardcover which would be permitted. The revised plan reflects a reduction of 201 square feet of hardcover within the 75-foot setback. Hardcover Variance The applicant's plan involves rebuilding and reorienting the lake access stair near the existing boat house on the property, installing a new retaining wall system, replacing in-kind an existing deck over the boathouse and replacing the existing deck near the lake at the bottom of the boathouse with a smaller permeable landscape rock area. The retaining wall is the only new hardcover proposed; the stair realignment is permitted within the 0-75' and therefore not subject to the variance. The retaining walls will not result in an increase of hardcover over 25% as permitted and appear to be necessary to ensure stability of the slope without significant grading landward to stabilize the lake yard. Staff finds the requested hardcover variance to allow the construction of the reconfigured retaining wall within the 0 to 75 foot zone to be reasonable and consistent with similar properties in the neighborhood. The City Engineer has reviewed the plans; no significant concerns were noted. Staff Recommendation Planning Staff recommends approval of the hardcover variance for the retaining wall located within the 75' setback according to the submitted plans and consistent with compliance with the City Engineer's recommendations with the following conditions: 1. The applicant shall submit a landscape plan for the 0-75' zone which offers screening of the improvements from the lake; 2. Applicant shall provide a revised hardcover calculation and survey showing total site hardcover conforming at or below 25% for final inspections and for issuance of the final certificate of occupancy for the new home; 3. An administrative zoning permit will be required prior to commencement of the proposed work within the 75' setback; 4. Applicant shall comply with permitting requirements of the MCWD. 5. Stormwater Total Area in Overlay District Zone Tier Tier 1 23,038 s.f. Allowed Hardcover 5,759.5 s.f. (25 %) FILE #15-3728 15 April 2015 Page 2 of 2 Proposed Hardcover -Revised 5,736 s.f. 484 s.f. * (24.9%) w/ in 75' Melanie Curtis From: Mark Hauri [mark@wlandscapes.com] Friday, April 17, 2015 3:31 PM Melanie Curtis Sent: To: Cc: Subject: Chris Wagner; Jason Phillips Torgerson Hardcover Adjustments Attachments: Torgerson Final 4.17.pdf; Torgerson Hardcover Gals 4.17.pdf Melanie, Here is the new landscape plan and corresponding hardcover calculations with the deck the Stonewood proposed with the Maintenance Permit. The adjustments that were made to accommodate the new deck permit include these: 1. Shrinking and changing of the driveway and front sidewalk. The driveway was brought in 8" on each side as it comes off the garage and then the curve by the sidewalk was brought in. The front sidewalk grew a bit in square footage since it had to get longer to reach the new driveway curve. 2. The back patio was shrunk in side along the outside edge and then the planting bed against the house (inside the patio) was enlarged thus removing more patio. 3. One boulder wall will be removed and made up with just grading away from the steps (previously l on the hardcover calculation sheet) 4. The new proposed deck, 294 ft2, along with the steps along side of it, 49 ft2, are all accounted for in the square foot numbers now. 5. I did reduce the landscape rock on fabric between the lake and boathouse per your advisement along with removing the walkway that currently trails down to the lake. I am waiting on Gronberg to put this on the official proposed survey now and should have by Monday. I did want to get you this though. Call me with questions. Thank you, Mark A. Hauri Mobile I 651.503.6585 Office I 763.479.2645 Fax I 763.479.6328 Email I mark@wlandscapes.com Web I www.wlandscapes.com W Landscapes I P.0.Box 352 I Loretto, MN I 55357 From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Friday, April 17, 2015 2:33 PM To: Mark Hauri Cc: 'Kevin Torgerson'; Chris Wagner; 'Jason Phillips' Subject: #15-3728 -PC Agenda & Staff Report Mark Please see the attached agenda and staff report for Monday's meeting. You or your representative should plan to attend the meeting which begins at 6:30. If you have questions please contact me prior to the meeting. Thank you -Melanie 1 City of Orono Hardcover Calculation Worksheet Property Address : /o//{) C IIEIU?. 'r' /JlA (e (I~~ 6"€ ll.J'rJIV) Prepared by: r n ,,, Date: '-' -I tJ _ :>:" l'r-lrt<. 0t../0 €"~Ci A[fOC IATF S'_,. JA/C =:I< (2_ O!JL;;J_ Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier 5 Step 2 :Ce_ROPOSE.WH ARDCOVER 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 I f h . separate I or eac portion . Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Examp le) (GaraQe) (24' X 30') (720S.F.) A llOd.F€ J()2 9 S.F. B COJ/F~C /) P dR t'JJ /'-17 S.F. C /,JJA/..,lt ao& S.F. D .tJ,f1//F 1!>4'1 S.F. E /J,11v~AS 31 S.F. F ro 1JF°A€t> ~AT I O 9'( S.F. G /JAT I O ~"10 S.F. H .FTc P.I' 88 S.F. I /,,l't/E/2..S 2..'-1 S.F. J tl (;It..{ (. I) G' /<. W A U. 85 S.F. K // ,, so S.F. L /I I I U// 7V ) ,J o -7S' 7 e,ve /"I S.F. M /I // 9 S.F. N /.I I I 60 S.F. 0 Fh7Nf' ,.n-tP .5' ,I-t,t,l /f (_ I< 8.? S.F. p #OULIJ€..-'!. (A.IA t...'-C.,U;T J//;'v r.,.7S'2cAA /6 S.F. Q ,, ,, <'-~ ,, I 2. S.F . R ,,, ,~ .,., ,# u 32.. S.F. s / I J ,, , ., ,., s S.F. T 114 S.F. u c X1J"~-J.A'.: J-rAl-1~'t!t1Jf' (/;~f l< C'N r.>P) 1Ao S.F . V .4 0('1< 0.._,, ,CA 1/N t C.. . 0 S .F . w A ~t" _ .rr~,1> 5 i.(q S.F. X r7t7/Vf' r-7'(' i> c-;?(} S.F. y I'-' .10= '-.-'f/) I I 1 • J Jr/JJtv 0 -7 S' ZCr,./c ~ S.F. z S.F. (1) Tota! Proposed Hardcover f 111>SCJ S.F. Excludable Hardcover (See City Code Sec 78-1684): J.K fv, A/ "1:::>:!./1. f)f'J( <.'~l.t.I' Ol,,frJ'I/)~ CF 7.S'.:: 8'S+So -f-?-1-6'0 == 20 1/ S.F. c ' , FIA.FT /QO 'oF RA"'1F"J /J L<: W .l tk /O n S.F. S.F. S.F. S.F. S:: lll) Total Excludable Hardcover REC.E\V ti.PR i 7 7. 3_ () c,, S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] c;-ris .c:;-S.F. , 1 , '('.Ii\) Total Lot Area 2~0.lY S.F. Proposed Hardcover Percentage [ (3) + (4)] J'f ,C/8 % ... 11""1 -·-C\i'f OF OR Jr,UffiU IU L C<>I.ICfl... :::' ~) /'10'-ff€ + 1.J<n;vf",e~p /QilA,.CN.;. ():)('0/f/r"# Al JanuaryB, 2013 Jo2. 9 + /~7 -f-9 ~ ,.:, -f (;( (Ouh: r UA M/Atf) f /6"7 =J~f? r . City of Orono Hardcover Calculation Worksheet Property Address: /3//(/ CHl"IU? t l'l,H:€' f-rt)/Ur€'/t.J(IN) Prepared by: GIUJVlif'~C i AJFOCIA7f'S:,, IV<". Date: 9.:.2:J .. 1¥ Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier 5 Step 2~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 separate! for each portion. Key to Hardcover Item (Describe) Length x Width Total Survev (Square Feet) (Examole) (GaraQe) (24' x30') <720 S.F.) A llo.?,ffl='" ?02.9' S.F. 8 C(Ja.lCi/!'CI) J(J(J~ ru 147 S.F. C l~Jjl.,I;! ~o~ S.F. D /Ji HI/: /':/OR . S.F. E ,tJ,1 J/fNJ:f' ~ 11 S.F. F rm1F"A€tJ #ATIO 91/ S.F. G ,&,;71n 1//6 S.F. H .Frt::/JJ'" fjR S.F. I /Ji/FAS,. 2._,11,;/ S.F. J .tl~t..i'lL'J;f°I( WALL R/; S.F. K // / ;!'$ so S.F. L f,4 ✓I WJ-r;.J,,.; e:, ~ ?S' '7tt#M£ 2. I S.F. M /✓ "'" .. r-9 S.F. N I'/ ,n 6'0 S.F. 0 .rru N;;" J ~pr YI t,,VA t. I< fl .':I. S.F . p .IOUI.Af/t',A A'AJ,ll,,{. ~,I TMJ,._l t:I-?:S°" 1/£1~ /6 S.F . Q .,,,, ,!'4' "" u J/ 12.. S.F. R ;.;, ,, .. ,,,.,, ;,; N 3:Z.. S.F. s /# «' ,I# s S.F. T ;:_,,,.,./Af"r.-t./1,;:-ACl.cl( a,uF,JI/AIC 157(~ i ('(:i;.,,,_;rft/j] n S.F. u ,;::-.x1.r:r-1 .. .,~ r-FA 14. f"'f UA.ilt' f IJ~rt< flN TW'PJ ./,.,:' 7 S.F. V AOf'K e)A ., ,1/:,;B if» I (.. 2 9 ? /' AJ /ff' l('(it,JL,. nrQl (") S.F. w ,l!h1::•tf"A1 J"t"l/%"iP5 .l!:i ¾ii S.F. X J-:?# ;vi(" i"'?'l"b e-:,Jr, S.F. y /',;, .iOMIJ ,?.4.,/,# B, ,, • 1 nrJ.1) u n--:,r' zoM ~ S.F. z S.F. (1) Total Prooosed Hardcover ~~56' S.F. Excludable Hardcover (See City Code Sec 78-1684): ::r hf' /'Ill ,U At:;!p,t,_l)f'J( w.utr DU'l"f'lil ~ OF 'Jffe'!:'"' = il.'i + SCN· '7 ~ (;0 = 20 V S.F. c"' , rllll"T /(?(},, dr kAM,,,.,1IU;; W.ltk. .,I';!.);, S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover ,~ (3) Net Proposed Hardcover [Subtract line (2) from line (1)] ;,·· ,,:;;, (4) Total Lot Area 73'. O.l 8 S.F. Proposed Hardcover Percentage [ (3) + (4) J 2 97% .rr-tu<:7u/i. ,a. co,v,rA ::: ~) + January 8, 2013 3 0 2.. 9 + ~SPADED~BLAO:l-l.1.55PRLCE HAROCOVER CALCULA TIJNS PROf'05EPf.!Cl.6f:'.30'2'!FT2 '°"1':'REDPOROl147Ft:1 fROITT~Y2%FT2 ~Y647FT2 PAVER~,;sm CO\/l:REDPAT0'14ITT 8,A,Q(PAW ?i'!OFT2 STMSTEf'5CIJfSDET!-lEO·'l':lm-E MFT2 &.U.£ERN'U.l.SOJTEOET!-IE0-7'JUH:20-4FT2 51UIE5TEPS~WN.J<y,ffl-Nn£0-1S'Za.Ea3FT2 80.UlER.~l'l114'!TI-E0-7f:/ro£ "5fT2 FRCf'OSEl)DECK0NOOAnb..6E:?'4FT2 PRCfOSEDDECKSTEF'StE.XTTOBOATI-O..l'::£4qm 5TCH:5TIP5TOTl-ELAKEZlITT EJ<STtl:.iTM'!ERl<W.LHTJ.NTl-E0-1=JUM: am e«l.J..ta>~-2)CFT2 l'R5Tb:IFT2Q'FSJ"EAaE!w.oo:MR•tXlfT2 1£TPRCR:ISf:D~-51SfT2 TOTAl..l.OTNl£A•2!p.:l&FT2 TOTAl..~PBlaH'f'Ar.f•2A."8 11)W/,,,RfaJ.JE(,l..08eSPRlX:I: PROP05!:DDE0;51EF'5r,ff\.l TilE NANTN-,ENCE fERMT """"''''""" PA'D<TOLN(E Z X Z STaE mll SYNn£1l'.: GRASS COMPANY CONTACT W Landscapes Inc. P.O. Box 352 Loretto, MN 55357 Office (763) 479-2645 Fax (763) 479-6328 www.wlandscapes.net = PROJECT --------- I-u w ~ 0 LJ.J ~ a: u '° <( M 0. _J Lt) CL Lt) z >-z 0:: 0 0:: ~ LJ.J -IO V, uz a: oo .--0:: w ~o C, a: 0 I- = COPYRIGHTS etu,":; I c.•:~.•t.::;;;t,'::•,~ t:: ;:, : "r, ~:,<:pl< d W l•••• ..... 10,., R•P"""tOllvo. ;:,:..·:. ~':;:.:;,;;~•:i';:;::;~g.i;;::;:*~, H,l;o.,od/o,9ooor,looneopl>••""" ::,:1i!:~1•;~1;::t~:•:t:::1::,!:':.;~~~1·.:::r" ~:•:::::~ ,: i.~ ~ :~::,·g·:, • t ,1 ; ·.-~ r:i\· ,',~\ ~ :: r. DATE APRIL 17,2015 CLIENT TORGERSON SHEET# 1 = W LANDSCAPES INC STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #15-3728 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 10th day of April, 2015. Yl;hU~ (2~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, April 20, 2015, beginning at 6:30 p.m. on the matter of reviewing the following land use applications requests: 15-3724 15-3725 15-3726 15-3727 15-3728 15-3729 City of Orono proposes an amendment of Municipal Code Chapter 82, Subdivision Regulations, to add provisions for the subdivision of lots containing two-family dwellings to permit private ownership of a single dwelling within such a structure. Douglas & Roban Smith, 4195, 4175 and 4167 Highwood Road, LR-1B zoning district, request approval of a conditional use permit, hardcover and setback variances to allow hardcover (underground) within 75 feet of the OHWL in order to repair; re-grade; and install subterranean retaining walls in order to stabilize a portion of the lake slope on each of the properties which will exceed 50 cubic yards of disturbance . Gregory & Lynn White; Steven & Patricia White and Todd & Lisa Sylvester, 4355, 4375 and 4245 Bayside Road, LR-1A, RR-1A and RR-1 B zoning districts, request a lot line rearrangement involving all three properties . No new buildable lots will be created. John Brooks, 905 & 960 Ferndale Road West, LR-1A zoning district, requests approval for a subdivision of a lot line rearrangement involving the parcels identified as PINS 02- 117-23-44-0010 and 02-117-23-44-0017. W Landscapes, Inc. on behalf of Kevin & Teresa Torgerson, 1410 Cherry Place, LR-1B zoning district, requests hardcover and lake setback variances to allow reconstruction of an existing retaining wall system within 75' of the OHWL. Spring Hill Golf Course, 725 Sixth Avenue North, RR-1 B zoning district, requests a conditional use permit to allow construction of a seasonal use building on the property . 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 April 14, 2015 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commis · n To be published in The Laker & The Pioneer Newspapers on April 4, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 03/09/2015 38 08-117-23 32 0001 ROBERT H GREELEY 1385 CHERRY PL ROBERT H GREELEY 1385 CHERRY PL MOUND MN 55364 38 08-117-23 32 0002 HENNEPTN FORFEITED LAND 38 ADDRESS UNASSIGNED CITY OF ORONO POBOX66 CRYSTAL BAY MN 55323 38 08-117-23 320022 ERIK W NAFSTAD 1370 CHERRY PL ERIK W NAFSTAD 1370 CHERRY PL ORONO MN 55364 38 08-117-23 32 0023 T&GBLOUNT 1390 CHERRY PL TERRY J BLOUNT U90 CHERRY PL MOUND MN 55364 38 08-117-23 33 0012 DANIEL L FENNELL 1400 CHERRY PL DANIELL FENNELL 1400 CHERRY PL MOUND MN 55364 38 08-.117-23 33 00.15 CHRISTOPHER D PATNODE 1430 CHERRY PL CHRISTOPHER D PATNODE 1430 CHERRY PL MOUND MN 55364 38 08-1 J?-23 33 0016 TM SCHAIBLE & ML SCHAIBLE l450CHERRY PL TODD & MICHELLE SCHAIBLE 1450 CHERRY PL MOUND MN 55364 38 08-117-23 33 (K)2l EA SCHMIDT 1415 CHERRY PL E ALLEN SCHMIDT 1415 CHERRY PL MOUND MN 55364 38 08-117-23 33 0022 E ALLEN & CAROL A SCHMIDT 38 ADDRESS UNASSIGNED E ALLEN & CAROL A SCHMIDT 1415 CHERRY PL MOUND MN 55364 38 08-117-23 33 (K)23 DAVID REIGEL 1435 CHERRY PL DAVID REIGEL 1435 CHERRY PL MOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 08-117-23 33 0024 MARK R DONGOSKE 1445 CHERRY PL MARK R DONGOSKE 1445 CHERRY PL MOUND MN 55364 38 08-1 I 7-23 33 0081 T A TORGERSON/K B TORGERSON 14lOCHERRY PL TERESA A & KEVIN B TORGERSON l410CHERRY PL MOUND MN 55364 # 3728 PAGE:1 MAR 1 8 2015 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION i'MR 182015 13728 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN, CARVER ) Charlen e Vold being duly sworn on an oath , states o r affirms that they are the Aut h orized Agent of the newspaper(s) known as: The Laker, The Pioneer and h as full knowledge of the facts stated bel ow : (A) The n ewspaper has complied with a ll of the requirements constituting qualifica tion as a qualified newspaper as provided by Minn . Stat. §33 1A.02, §33 1A.07 , and other applicable laws as amended. (B) This Public Notice was printed an d pub lished in sai d newspaper(s) for 1 succes sive issues; the fir st insertion bein g on 04/04/2015 and the last insertion being on 04/04/2015. r By : ei~.~~-( .. ,t\.L}J'oill Authorized Agent Subscribed a nd swo rn to or affirmed before me o n 04/04/2015 . Notary Public Rate Information : (I) Lowest classified rate paid by commercial users for comparabl e space: $15 .00 per col umn inch Ad ID 37 1465 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, April 20, 2015, beginning at 6:30 p.m. on the matter of reviewing the following land use applications requests : 15-3724 City of Orono proposes an amendment of Municipal Code Chapter 82, Subdivision Regula tions, to add provisions for the subdivision of lots containing two family dwellings to permit private ownership of a single dwelling with in such a structure. 15-3725 Douglas & Roban Smith , 4195, 4175 and 4167 High wood Road, LR-1 B zoning district, request approval of a conditional use permit, hardcover and setback variances to allow hardcover (un derground) within 75 feet of the OHWL in order to repair; re-grade; and install subterranean retaining walls in order to stabilize a portion of the lake slope on each of the properties which will exceed 50 cu bic yards of disturbance. 15-3726 Gregory & Lynn White; Steven & Patricia White and Todd & Lisa Sylvester, 4355, 4375 and 4245 Bayside Road , LR-1A, RR-1A and RR-1 B zoning districts , request a lot line rearrangement involving all three properties. No new buildable lots will be created. 15-3727 John Brooks , 905 & 960 Ferndale Road West, LR-1 A zoning district, requests approval for a sub division of a lot line rearrang ement involving the parcels identified as PINS 02-117-23-44-0010 and 02- 117-23-44-0017. 15-3728 W Landscapes, Inc. on behalf of Kevin & Teresa Torgerson, 141 O Cherry Place, LR-1 B zoning district , requests hardcover and lake set back variances to allow re construction of an existing reta ining wall system within 75' of the OHWL. 15-3729 Spring Hill Golf Course, 725 Sixth Avenue North, RR-1 B zoning district, reques1s a condi tional use permit to allow construc tion of a seasonal use building on the property. All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings. Written comments are ac cepted and should be submitted to the City of Orono by April 14, 2015 if possible. Interested persons may review the applications and pro posed ordinance language at City offices or by visiting the City's Web site at www.ci.orono.mn.us. For an appointment , please call (952} 249-4620. City of Orono By: Planning Commission Mike Gaffron , Senior Planner To be published in The Laker & The Pioneer Newspapers on April 4, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 4/4/15, 3LK, 3TP, April 20 Public Hearing , 371465 31 March 2015 Mark Hauri W. Landscapes Inc PO Box 352 Loretto, MN 55357 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #15-3728 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances for property located at 1410 Cherry Place. Below is a list of items the City of Orono is requesting to complete our review: 1) Certificate of Survey. Submitted with the application were surveys indicating the proposed changes only. Please submit a reduced copy of the survey showing the existing retaining wall configuration for our review. I have a scaled copy for reference. 2) $2500 Escrow & Escrow Agreement. This project requires submittal of an application escrow in the amount of $2500. The City currently holds a $2500 associated with Building Permit #2014-01108; no additional escrow money is required at this time. Please complete the enclosed, revised escrow agreement and submit. Application #15-3728 is incomplete. If you wish to proceed with your application please submit the items requested above by Monday, April 6 in order to remain on the April 20th 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 ~ Melanie Curtis Planner Copies via email: Kevin & Teresa Torgerson Mark Hauri CITY OF ORONO VARIANCE APPLICATION EC~ :1r-:D MAR 1 8 2015 CITYO OR NO Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # /._j -37 :J.. J Date Received: 3 -I Z -LS Staff : M.C,..... Fee: $700 ~ Renewal: $350 After-the-fact: $1,400 Double Fee Escrow Fee : $700 / $2 ,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION : Site Address: IY / O C~Ry PLA-le, ff¥. ~o , r-i-JL/ ss-l~'f Property Identification Number (PIN): O j" -J /1 -.;2~ -33 -O(:) ~ I Date Property Acquired (month/year): l.L ho,t □ Yes, I own the adjacent parcels . Zoning District: APPLICANT INFORMAT IO N : (Complete legal names and marital status required for each interested party) Name: W Ll'tnJ-OS c-4-f?e-=:, PII-G -MA-,<.. IC... lffk.<.tl&. Phone: u,st~,D?J-~S1JS-Alternate Phone: '1~"3-4'1«1-;Ju'{S-(cf:bt-e) Complete Address: _P_O_C>~o ~>C~3~S~ol~---------------------- City , State & ZIP LO~n-rc) ~IV SS'3S-"] Email: yytt.,rk_~ wlA.,,,,l1GC-4--/leS# L:O?:Pt Fax: 7tR3-l/79-vZ>;t '8' OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name : l(e,t.t=n/ ~ ~A '/71a..6ell..5~ Phone ~ q'l;) -(f3q-C,e()Q3 Alternate Phone: Complete Address: IY l O Cifen.-,e.,i/ /IL.Ii-(,,~ City, State & ZIP 1410 C.,14-m{,2 y /Jt,,,#G'. <!JtzCM/cJ _ ,114/()' S-S 31, t/ Email: k.e 11,t,-dc,rws~ ~gNM :Lt.c-n1 , F ax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): we: t..J()u1.,Q Lrr..G r-o /l.,e'"/14-,(J t/G. rtti? c >t.P-f[7s>-•Ct't 'T'P'vl/J~s ;!J-,,1/0 (le-o~. A,./P ~£,f-U;-~ wFV7'f /Vi.=W ffl)yi/c-:r ~ -1tt"fll/ .+ /1G .... llMe7ft4U:T ,. c ttcf' ~ s ,.,,,~~. rnf€" E'I" ~'Ji N:"?'.1t4 'rP"-1-4~ W-/f"LLS hUT Ur,-,nm/'c, ;tfn/J? we-~?e,U:Z le~~ W.trn1 pe,,,v /'J&k-l,l-/7~5 ,, ,.fO()./;-,r:tvyv/1--L '-I ' ~ ~ ~ ,,y,rr Af?/,l M Jt-?-" ,nh;--L!b?G: rm ~r (1ZI ~ ~. rr,fer'l; ~ t,~ll::nu.,1:7 ~L ~ t)l-/? ltrVrL /JZT~9' w4,90 &v>7 /Jtf A--~ ~ L()?1/'6 ~ vJ /rln.G /J!J?t,,,t (]'--'~ ~ ~.:>!/dtfZE. T>ffls pS rg; lbtr .P"i:2:2tA1 ,,,J~ u--,ts: 76' nrv:/./At?K... /JO c/il-A,/1/~es m ~ Page 11 #3728 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed . Not Enclosed Applicable D D Variance Application Fee D D Escrow AQreement, siQned and Fee D D Pre-Application Form D D Variance Application Form D D Practical Difficulties Form D D Certified Property Owners List D D Survey (meeting ALL requirements) D D Proposed Plans D D Hardcover Calculations D ~ Septic System Site Evaluation Report D D u Minnehaha Creek Watershed District (MCWD) Permit or Documentation from MCWD statinQ no permit is required D D Adjacent Property Owners Acknowledgement D D Data Privacy Advisory Form APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application , and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed . • The Owne r hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants , agents , Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant's Signature: Date: Applicant's Signature: Date: Owner's Signature: Date: Owner's Signature: Date: Packet Last Updated: January 2015 Page 12 # 3728 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 Onlv: - City Planner: ~ L(!i PC Date: __ .... ~--1-.L.--,-...... _______ _ Meeting Date/Time: Met with : 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. P~OPERTY INFORM[ HQl')I,: C" Ill ,t?"1-(;-p Site Address: ~~ I u ~A' ,evru f !tA V Property Identification Number (PIN): d ----------------------- 2 on in g District: ______ Size of Property: DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback }Q) Hardcover (Tier l ) □ Lot Coverage □ Lot Area □ Other: ~ake/Front Yard Setback □ Lot Width Applicant 's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical M,l-t Initials: Difficulties Documentation Form, understands it as it has been explained to them, Owner 's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application . Applicant's M· \-\ BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's inti a,'l)cation fee, as well as prov ide an escrow in the amount of Initials: $ Oo ilH to guarantee payment of the above. *Please note: Your variance application will NOT be accepted w ithout a pre-application meeting du ring which this form will be completed by City staff. Applicant Signature: _rn-1._ .... &4:.....,;;;..=~~=='-"--'-------Date: Owner Signature: _______________ _ Date: Packet Last Updated: January 2015 Page 9 13728 MAR 1 8 2015 CllY F ONO ADJACENT PROPERTY OWNERS' ACKNOWLEDGE M ENT FORM I (we) ______________ of ____________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) 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 proposed neighbor's project or use requires Council approval. Property Owner Date 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. ********************************************************************************************************************************* AD JACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) ______________ of ____________ _ [print name( s )] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No . ___ _ I (we) understand that in executing this acknowledgement, I (we) 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 proposed neighbor's project or use requires Council approval. Property Owner Date 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. Packet Last Updated: January 2015 Page15 # 37 28 MAR 1 8 2015 Cl1YOF O. JO PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462 .357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner . Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties , address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception , you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation . If you leave something out it will not be considered . Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property ow ner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter ." - i'.,,v)~~~~ ~~4w. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not al · · 's land is lo -~ •' ' Packet Last Updated: January 201§/ · . ..__ Page 16 #3728 MAR 1 8 2015 CITY FO O 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." /A' 8. 'The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining prope~ ~~~ ~ ,:, ~&;~u,(.,{ ~ ~-~~ 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11 . "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Packet Last Updated: January 2015 Page 17 #3728 MAR 1 8 2015 CITY r ' ) 40 (HU) 40 \ \ ,. ) CERTIFICATE OF SURVEY FOR KEVIN B. TORGERSON OF LOTS 2 & 3 , BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA '<~~:;~~ .. 5 87°2~' 35" \ \ (NU) ',-968-______ _ , .... , (NU) 4 EXISTING HOUSE #1430 LAKE MINNETONKA NORTH ARM (X) 929.4 CONTOUR _ .. ,····uNE (OHW) PROPOSED ELEVATIONS : (per orchitects plons) ""'°- LEGAL DESCRIPTION OF PREMISES : Lot 2 and 3, Block 4, CRYSTAL BAY VIEW denotes iron marker found (908.3) : denotes existing spot elevation, mean sea level datum [[IQ]] : denotes proposed spot elevation, mean sea level datum --917 --: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show lhe boundaries of the above described property, the location of on existing house, to be removed, trees, spot elevations, topography , the location of all visible "hardcover", and the proposed location of o proposed house, porch, patio, walk, driveway, and grades thereon. It does not purport to show any other improvements or encroachments. Pl'IOPOSCDIIOUS[IHJQL\Dl5310WII --~ H--130A,-______________________ ____, 1) Goroge =1966.911 2) Top of foundation = ~ 1967.25 1 3) Basement = ~ 4) First floor = 1967.681 -20 0 20 40 60 S C A L E IN F E E T #3728 MAR 1 8 2015 CITY 0 PROPOSED CROSS SECTION OF PERMEABLE CHIP STONE AREA UNDISTURBED SOIL #3728 11...C -, ,..... MAR 1 8 2015 CllY a~ " -,... -· - H Hennepin County Identify & Notify Receipt Provided By: Resident and Real Estate Services Print Date Mon Mar 09 12:29:56 2015 This is a receipt only with 'paid' stamp or cash register receipt attached Company or Homeowner Name: Contact Person : Subject Property Address : , Comments : Buffer Distance : 150 feet TOT AL COST: $25.00 Mail Label Count: 12 38 08-117-23 32 0001 38 08-117-23 32 0002 38 08-117-23 32 0022 38 08-117-23 32 0023 38 08-117-23 33 0012 38 08-117-23330015 38 08-117-23330016 38 08 -117-23330021 38 08-117-23330022 38 08-117-23330023 38 08-117-23 33 0024 38 08-117-23 33 0081 #3728 ~FC I E MAR 182015 rrvc- T I I I AH3JW-O9·008· L wo::,·.<JaAe·MMM 38 08-117-23 32 0001 ROBERT H GREELEY 1385 CHERRY PL MOUND MN 55364 38 08-117-23 32 0002 CITY OF ORONO POBOX66 CRYSTAL BAY MN 55323 38 08-117-23 32 0022 ERIK W NAFSTAD 1370 CHERRY PL ORONO MN 55364 38 08-117-23 32 0023 TERRY J BLOUNT 1390 CHERRY PL MOUND MN 55364 38 08-117-23 33 0012 DANIELL FENNELL I 400 CHERRY PL MOUND MN 55364 38 08-117-23 33 0015 CHRISTOPHER D PATNODE 1430 CHERRY PL MOUND MN 55364 38 08-117-23 330016 TODD & MICHELLE SCHAIBLE l450CHERRYPL MOUND MN 55364 38 08-117-23 33 0021 E ALLEN SCHMIDT 1415 CHERRY PL MOUND MN 55364 38 08-117-23 33 0022 E ALLEi'I & CAROL A SCHMIDT 1415 CHERRY PL MOUND MN 55364 38 08-117-23 33 0023 DAVID REIGEL 1435 CHERRY PL MOUND MN 55364 T WJ.0965 @AU::IAV ~ r 1udn-dod p.ioqaJ aI Jai;jll\ijU I ap u1ie am4Je4 eI ~ zandau 38 08-117-23 33 0024 MARK R DONGOSKE 1445 CHERRY PL MOUND MN 55364 38 08-117-23 33 0081 :i,uawa6Je4:> ap suas V TERESA A & KEVIN B TORGERSON 1410 CHERRY PL MOUND MN 55364 #3728 r 1111a6p:1 dn-dod asodxa l o:i. aun 6uo1e puae -Jaded pail:! I -"' r I I I r I I I @09i5 @AH3J\'1 :i.1Jeqe6 a1 zasm:i.n Ja1ad ~ sa11:>e:1, sa:i.:i,anb1:a,~ MAR 1 8 5 @09~5 a:i.e1dwa1 ®fuaN;t asn s1aqe, i!l\1aac:1 ,{se3 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data , Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested . 2. You may refuse to supply data, but refusal may require that the City deny the permit or license . 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6 . Your full name is required to process this application or permit. M,1-tZ.,~ ~ ~ First Middle Last Jll lO C,~tz,y' t1 (...,lft--C,£ Address t){l,(Jy,/'{) JVW t>~ss-'t City State Zip I understand my rights as stated above . /YY/~I Signature Packet Last Updated: January 2015 Page 13 # 3728 !LS/· s-03-'1s-~S- Phone C MAR 1 8 2015 CITYO O O 0 i.: .. :11. MiM©1 11 1\i.':•',11 PO BOX352 LORETTO, MN 55357 q63) 479-2641:; ;:Y~,v~~' )'''\I', , ' ''1'h'r\l,1\ v~"itjl;::i1: 75-788-919 $ 7 (j(!J. (J-0 CHRIS WAGNER PRESIDENT ~ .D C 0 I PROPOSED CROSS SECTION OF PERMEABLE CHIP STONE AREA # 3728 MAR 1 8 2015 Cln'OFO. O. _ # 3, 28 ~ City of Orono HAR 1 8 2015 Hardcover Calculation Wo rks h eet ~ITY Property Address : /7'/cJ C/-1€"/U<. '1' t''-A <:€ (f()/? (;€ /c.J"rJIV) Prepared by : C-RovllO?C' i A[N)C IA7CS. IV('. Date: 9 -23-/'/ , Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tie r 4 Tier 5 Step 2:(f ROPOSE_g)HARDCOV ER 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 , ident ify any features by letter which are split at the 75 ' setback line and calculate ha rdcove r square footage I f . separate , or each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example ) (Garaqe) (24' x 30') (720 S.F.l A kOU'J€ 1029-S.F. B CfJJ/F~(:"P fJdlf f:'J.I /1/7 S.F. C /.,J) (.,~ ::>o~ S.F. D /J i11/F /'?'08 S.F. E ~A 1/t: AS 31 S.F. F r1111r=/l.f;:O /9AT 10 9'( S.F. G ~AT IO ~/0 S.F. H FTf"/J.J' &8 S.F. I /,,rv'Fl{S 2.. '-/ S.F. j /J (;It,{ (, /) ~ ;q_ WALi.. 85 S.F. K // ,, .so S .F. L , , ?'./) 7')J J ,J o -?S' 7etve" 21 S.F. M /,I ,,, -9 S.F. N /I .,, 60 S.F. 0 .FTt7N~ J"]""~p.S ~ ,:,,v A L I< 8."=? S.F. p .l?OUL'1 E"I< &U✓{.l. c,u,, T Jn,..., ,,_ 7S '?c J.A /6 S.F. Q ,., ,,, ... , , I 2.. S.F. R ,i ,,. ,, .. ,., N 32.. S.F. s ,' '' J-, ## s S.F. T L'A,c,,,I/J'CAl'f" /(CIC/( <7A./r.($/ltC IS7 ( A.-e i C'ou,..,;('tJ) 0 S.F. u F .x1J'7 ·v,_· ;-,-;tt, r-t:11u-· ( l)~,1< CN rotJ) /~? S.F . V ;llorK O,t,..., .C.A.i~I C.. 2 93 (_.11 .. ~-('f°JU,1/ in:-Q) 0 S.F. w ,/J~r" .r-r~_,,:,_5 ·-s -r S.F. X r-:r d j\/(' r-r~ I>~ :? (} S.F. y f ./Jt:1.hn J..-,JJ ,_, OJ/7'/.JIV 0-7S' ZC>Vc° ~ S.F. z S.F. (1 ) Tota! Proposed Hardcover €cs €_ S .F. Excludable Hardcover (See Ci ty Code Sec 78-1684 ): ,T k l\.t A/ #.?.v._/lf""-. _v.1ur ourN/J~ CF 7r'.:: FS+s o-1-?-l-bo = 20 1/ S.F . -c ' J rl/l.f"T /Q(}' oF >UM~.ABt.c WJtk /() n S.F. S.F. S.F. S.F. (2) Total Excludab le Hardco ver .?_ O c; S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1 )1 57S.2 S.F. (4) Total Lot Area 2~03{i S.F. Proposed Hardcover Percentage [ (3)-;-(4)] 2 't, 9 7°1° J""T"C-ff"7u;L( L. co-veil ~ ~) 110'-< ft + B<n;vr:.-.e.<=,, PO'-. CN-+ (F) r",:/('f.r:f /1,1 r O ..t. t,t (c>uf'T. r-rrnr-ru£f) JanuaryB,2013 Jo2.. 9 + /'-/7 + 9~ -1-/o? = J 't'.l7 -= '~-9.2 ro ESCROW AGREEMENT Orono Building Pennitl2014-01108 I ' Land Use Appllcation #1~ 37 }_f{ AGREEMENT made this VJ~ day of MJn..l k , 20.J.6. by and between the CITY OF ORONO, a Minnesota municipal corporation (8Clty") Kevin & Teresa Torgel90n (~OWners"). Recltala 1. · A building pennit and iand use applications h-ave been filed for construction of a new residence and asaoclated landscaping work located at 1410 Cheny Place, the ("Subject Property"}, legally described as Lots 2 and 3, Block 4. Crystal Bay View, Hennepin County, Minnesota. 2. Owners request the City to review the applications. 3. The City will commence Its review of the application and incur costs associated with said review only If the owner establishes an escrow to ensure reimbursement to the City of its costs. HOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $2,500 with the City. AU 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, In excess of S&OO, or legal consuffant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the OWners would be responslble for under a building permit application. The escrow Will also guarantee reimbursement to the City for all out-of-pocket costs the City has Incurred to assure that lhe work is completed ln accordance with the S1ormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any haZardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) associated with building pannit '2014-01108 and land use application #15-3728 if compliance with the approved building permit is not accomplished. 3. MONTHLY BILLING. Aa the City receives consultant bills for ina.1rred costs, 1he City will in tum 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 paymen1 to the City within the timeframe outlined in tl3 above, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow accoLa'lt without fl.rther approval of the OWners to reimburse the City for eligible axpenees the City has Incurred. 5. CLOSING ESCROW.-The Balance on deposit in the escrow, If any, shall be returned to the . OWneiS when all requirements related to the project are complete. City staff shall review the tenns of this escrow · agreemerrt two times per year to determine whether the requirements of ihe project have been &uccessfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate vertflcation that all requirements of the project have been successfully completed. 8. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eUglble 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 386.012.