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Home My WebLink About07-18-2016 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE �u-! I g ��b ❑ COUNCIL PLANNING COMMISSION OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER �. ��e �-�,1�-, ►L � �u L�ec� s� � 2. � c91�-. �� ' �Q . �� , � �_ 3. ��J�' c S - . . , . � _ 4. �t,�t �-5 � ' � ' �_ �5 5. , t S �/� �5- 0 GcJ ' v� S , �� 6. � ' �% � � S�/.,� �/� 7. 41d� P � Z� ' �� s— l�l( � ��-" s. �c a,.ri G.r- C�-.�d o S 9. � ��l D� � �13� � s -� �= . � �o. � � 2� � 7� /��S_,�.J (Y�,� / 11. 12. 13. 14. 15. V:1(LEGAL FORMS�\(FORMS)\PUBLIC ATTENDANCE.DOC AGENDA City of Orono Planning Commission Meeting for July 18, 2016; 6:30 PM Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /www.ci.orono.mn.us Council Representative: Liu Levang Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet— located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. New Business 1. Approval of Planning Commission Meeting Minutes of June 20, 2016. 2. 16-3839 Revision LLC on behalf of Sharon Olson-Nesbitt, 865 Ferndale Road W, Variances (Staff: Melanie Curtis) 3. 16-3845 Tim Druk, 1240 Arbor Street, Variances (Staff: Mike Gaffron) 4. 16-3846 Gregg Katchmark, 140 Leaf Street, Variances (Staff: Mike Gaffron) 5. 16-3847 Charles Cudd, LLC on behalf of DDK, LLC, 2525, 2535 8�2545 Shadywood Road, Preliminary Plat, Comprehensive Plan Amendment and Rezoning (Staff: Jeremy Barnhart) 6. 16-3849 Able Energy Co. on behalf of Tom Robb, 570 Big Island, Variance (Staff: Melanie Curtis) 7. 16-3841 City of Orono, Text Amendment: Floodplain Regulations (Staff: Jeremy Barnhart) Planning Commission Comments 8. Update on City Council meetings: June 27, 2016 and July 11, 2016. 9. Other issues for discussion. ADJOURNMENT Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected 8� Email Notifications ��1 � . � ` C Gassen �� L�C�ard � _ f! -�� O lakf � �� tong ��I�f1� r ake � r i j � � � ❑ `\ ,,,��q�i �r��t��` � 'I ' ;� , r i �" 1z „� � r� � � �-- AGENDA ��KEst{�F�i '�` � � � ` �\ � City of Orono Planning Commission Meeting for �' "■ / '� aa ��j�� ''►�.� � July 18, 2016; 6:30 PM Legend � � � _\ � ❑ _� � � �-- �+�� Orono Council Chambers, 2780 Kelley Parkway, Roads � n � Orono, MN 55356 = u.sTti�kH�9hWaY o � .�, . ,. ,� �,-- . a .,..�� C A � 9J2'ZY9'46OOI�MNW.CI.O�OC�O.CT�I�I.US = MinnesotaTrunkHighway ��„��r = County Highway #1 - 6 � ��.��.� _ _ ____ _ Council Representative: Liu Levang _ �o�a,Roads ■ � — Private Streets ■ New Business Railroad �� " 1. Approval of Planning �—� � � �� s8ay5 � nn -_ 1 �,i-� Commission Meeting y� City Limits �` � - � C � Minutes of June 20, 2016. , �� i�,.■��, - _ . � 2. 16-3839 Revision LLC on behalf of #1 �/ - � M ; Sharon Olson-Nesbitt, : - - Brosors „ � " ,�o�:n - �a;, ' 865 Ferndale Road W, I �� Q am - �--�` i�;�P' c Variances � '"ax'"e" � -- \ / r �r (Staff: Melanie Curtis) \ �� French �\ � � �� - f0�'u �a��1 g � � 3. 16-3845 Tim Druk, � � lal�e `� } � _ � 1240 Arbor Street, Jenr+r,a's ` � ! Variances B�� p ..,� � �� ! (Staff: Mike Gaffron) � f � � � �ry�� "�---_ _ � SBayh � BrFu tet,c � 1�� _ 4. 16-3846 Gregg Katchmark, �� 'uQ4�� ''�� '��, i 140 Leaf Street, Variances ��q� � ;�5: a��nS�.•� �`�� i (Staff: Mike Gaffron) �l�j D�/�� hrm ,J^/ Crystal Pc�� ■ nn��` �Q ! iii��] �as �`�� lr�� "�►ir Lake i 5. 16-3847 Charles Cudd, LLC on behalf Harnson �� ;� ""'u �``i �lf��r� -,4rnreronKa � of DDK, LLC, 2525, 2535 8� B�, �, � �.�� _ �� 7� � -f'-'L� � � 2545 Shadywood Road, ' = •� j�'�� ---� f-- ! = Preliminary Plat, ��"""�"'�"�''� � � � � Comprehensive Plan � � \,r � * r J a ��r �� K'0� ``�� z�e��e �� Amendmemm �Barnhartn9 �� ,�, � � � � � � (Staff: Je e y ) � � �u ��uu�u ��y � ♦ �1 ��` �'i� ;��hra �I� � t � � •� ��• Isfand ,�• 6. 16-3849 Able Energy Co. on behalf of ,� �� ` i �•` Recre,� ��1' Tom Robb, 570 Big Island, = �,, �•• ��'"t �d Variance _ _ � �; ,� �1�, ' ` +.�� #16-3849 Po��: �.� 7�--�Q p�o (Staff: Melanie Curtis) � Sprmg� jLV�,j — : Char� � �� }�.� �c��d � Park ; �\y Carman's p � ,,� � p Q�p`�-�—'� `� �� :• 9'' ,�a �� .� �� 7. 16-3841 City of Orono, Text ��`��-��J ! �� •�� .,.�� ..�� r— Amendment: Floodplain ��Q�� L�\`� ��`'� '.u.u..�.��.u.��.u.0 P� � � Regulations a�� li�� i, 1_.� c�5�o ♦ �� Jerem Bamhart /��c� y �✓ �. (�"; �` (Staff. y ) �O � �I�y Poin!S t1�t` t.,r� . . �� 7��Q �jl., ; �/� J�� l � � ' `•,,,��rnru�utu�n �� Q ,,C� " � � ( 1r"�� . - ��{ /, +� �n �1 , C� � L `1..a � 4C � 7/18/2016 ��/ ( �a��C} � �� ' ��Q�� PC Mtg I � � u , � � da�7Q p( ��n �-.,�i � � � � � � �, ti �: � � n � �1 �C l�" � � \ r��'J� ,--�� C `J/� _ `��S �`.4,r �_�� Disdaimer `-� � � i \�I. \�/ . f / i` \� This drawing Is neither a legally recorded map nor a � �^' . . suney and is not intended to be used as one.This drawing is ompilation of records,information,and data locaced in varlous city,county,and state o�ces,and other urces affecting the area shown,and is m be used for 0 3,083 Feet reference Durposes only.The Ciry of Orono is not responsible for any inaccuracies herein contained. OO Bolton&Menk,Inc-Web GIS 7/14/2016 7:52 AM i , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Bruce Lemke, Denise Leskinen, Chad Olson, and Loren Schoenzeit. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Members Lizz Levang and Dennis Walsh were present. Chair Thiesse opened the meeting at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMNIISSION MEETING MINUTES OF MAY 16,2016 Leskinen moved,Schoenzeit seconded,to approve the minutes of the Orono Planning Commission meeting of May 18,2016,as submitted. VOTE: Ayes 5,Nays 0. 2. #15-3763A CHRISTOPHER W. BOLLIS,200-350 STUBBS BAY ROAD NORTH, REVISED PRELIMINARY PLAT,6:32 P.M.–6:56 P.M. Christopher Bollis, Applicant, was present. Gaffron stated this is a proposed revision of the seven lot subdivision layout that received preliminary plat approval in September of 2015. The revision is to reduce the number of lots from seven to five. Access to the three southerly lots will be via a private shared driveway extending north from Kintyre Lane. The two northerly lots will access from a shared driveway extending from the existing driveway corridor serving 350 Stubbs Bay Road North. All lots will be served by individual onsite sewage treatment systems and private wells as was originally proposed in September of 2015. Gaffron displayed the current layout of the plat on the overhead. Each of the lots was just over two acres of dry buildable and had acceptable house sites. The proposal is to reduce the number of lots down to five,with the access being relocated. Rather than having an extension of Kintyre Lane,the applicants are proposing an outlot that would have a shared driveway that would serve Lots l, 2, and 5. Also being proposed is a shared driveway outlot that would serve the existing house at 350 Stubbs�ay Road North as well as a new house on Lot 4. Gaffron stated one of the advantages with this layout is that the lots are now larger,which will likely result in more septic sites being available. For instance,Lot 1 now has four possible septic sites, Lot 2 has four, and the septic system for Lot 3 is now located completely within its property lines. Lots 4 and 5 are just barely two acres of dry buildable. The applicant is attempting to preserve the grouping of trees at the north end of Kintyre Lane. There is an existing house that will be removed and the applicants would like to construct a shared driveway that will skirt the trees and preserve as many of them as possible. Gaffron depicted the grove of trees on the overhead. Rather than extending the existing private roads,the applicant's proposal would simply extend shared driveways to serve proposed homes and would not — — Page 1 i MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 dclock p.m. provide cul-de-sacs. Gaffron stated per City Code, only one back lot is allowed to be served, but in this situation three lots would be served by the driveway. The Code requires 150 percent of the lot area and 150 percent of the required setbacks for this zoning district if a back lot is created. In Staffls opinion,the applicant's proposal is inconsistent with the letter and intent of the subdivision code. Gaffron stated in the 2-acre and 5-acre zones,the City only rarely deviates from the code provisions requiring a cul-de-sac when serving three ar more homes. Where such deviations have occurred, identification of unique site factors have been critical in order to support the granting of variances. The applicant's proposed shared driveways appear to be only 12 to 15 feet in width.The driveway serving Lots 2 and 5 would be in excess of 400 feet in length. As proposed,these driveways would not be sufficient to provide suitable access for emergency and service vehicles. The applicant should be asked to provide a basis for the narrow shared driveways. In Staff's opinion, outside of the grove of trees,there are no other unique factors about this site that justify the narrow roadway and elimination of cul-de-sacs. Staff would recommend that the road design include cul-de-sacs. Gaffron stated the other items that are listed in Staffls memo pretty much follow the conditions that were established with preliminary plat approval last fall. The Planning Commission should discuss the following issues: 1. The proposed lot configuration does not meet minimum code requirements for access because it does not include private roads and cul-de-sacs meeting City standards. Does the Planning Commission find any justification for variances to allow the layout as proposed? 2. The proposed configuration results in the creation of back lots, some of which do not meet minimum back lot code standards with regard to lot area. 3. The proposed configuration creates back lots which require 150 percent of the RR-1B setback standards. The result is that for some lots the proposed house locations will not meet those setback requirements. Staff does not support the proposed configuration and recommends that the applicant be advised to consider revising the plan to provide for conforming roads and cul-de-sacs. Staff would further recommend that the application be tabled to allow the applicant to address the issues. Another option would be to forward this application to the City Council to determine whether there is any Council support for the proposed configuration. Thiesse asked ifthe Applicant is aware of Staffls recommendation. Gaffron indicated the applicant has had Staff's report since last Friday and likely has some comments on his proposal. Schoenzeit stated the impact on Kintyre Lane is virlually identical under either proposal. Gaffron stated the impact on Kintyre Lane is purely the number of lots that will access off of Kintyre Lane. — Page 2 , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Schoenzeit noted that existing Kintyre Lane would not change in dimension. Lemke asked how long the cul-de-sae would be under staff's proposed sketch.. Gaffron indicated the southerly cul-de-sac would extend Kintyre Lane over the 1000-foot maximum but not nearly the 1500-foot length approved previously. Lemke asked if the applicant could use the same layout they had proposed previously with the one cul-de- sac and eliminate the access off of Stubbs Bay. Gaffron stated they could by extending the road up to the point where all five lots abut the cul-de-sac. As a result, none of those lots would be considered as back lots but it would require some shifting of lot lines. Leskinen asked if it would still be possible to realize the objective of the applicant to bypass the trees by doing that. Gaffron stated revising the location could result in eliminating some of the trees. Thiesse noted the majority of the trees are 20-year-old evergreens. Thiesse asked what the intent of the back lot ordinance is. Gaffron stated when a back lot is created, the normal situation is that there is a front lot that abuts the one lot behind it. If there is a long, narrow piece of property that does not lend itself to being split side by side but does lend itself to being split front to back, rather than create a flag lot, a 30-foot outlot is created that goes up the side,which ends at the back lot. The issue with back lots is the ability for emergency vehicles to access that lot. The impact on the back lot would be greater setback requirements. The front lot is normally required to access from the outlot. Thiesse asked if the applicant could include the dry buildable out of Outlot A. Gaffron indicated the applicant could move some lot lines around. Schoenzeit asked why the applicant could not reverse the cul-de-sac and then not go through the tree stand, but come in from Stubbs Bay Road. Gaffron stated there is no obvious reason why it could not come in off of Stubbs Bay Road and that is something the applicant would need to address. Christopher Bollis, 350 Stubbs Bay Road, stated their intent with this plan was to come up with something that is more environmentally friendly by not crossing the wetlands and preserving the trees and open space. Bollis noted the changes do not necessarily meet the Conservation Design Code but that they were attempting to save the trees. If the cul-de-sac is done with a 50-foot corridor,most of the trees will be gone and there will be a wetland that would need to be mitigated. Schoenzeit stated the applicant will need to do it with a standard road width and not with outlots. — — — - Page 3 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Bollis stated it is their intent to go with the plan that has already been approved if this plan is not approved. Bollis indicated they are attempting to be neighborly and environmentally friendly with the proposed revisions. Chair Thiesse opened the public hearing at 6:50 p.m. Cheryl Miller, 195 Kintyre Lane, stated she is here tonight to express her support for the plan being proposed tonight. Tom Fleming, 300 Stubbs Bay Road, stated his house is screened by trees from the northerly outlot driveway corridor trees and that his concern is going from a 12-foot driveway to a 24-foot road may negatively impact the tree buffer. Chair Thiesse closed the public hearing at 6:53 p.m. Leskinen stated historically the City does not create substandard lots or back lots,which will result in the need for variances. Leskinen stated in her view it will set a dangerous precedent. Schoenzeit stated it seems odd on the surface that fewer lots is less compliant but that it is being done at the cost of the substandard roads,which is really the problem with the new proposal. Schoenzeit noted this is a clean sheet and that there is no reason to approve a large number of substandard lots. Schoenzeit stated the original 7-lot plan is not broken and that they don't need to fix it. Lemke stated he understands the desire to preserve more trees but that it will create more problems. Olson indicated he is in agreement with what has been said. Gaffron stated the Planning Commission can either table the application or vote on it and send it to Council. If the Planning Commission is going to recommend denial, Gaffron suggested the applicant be asked if he would like to redesign it or whether he would like to proceed forward to the City Council. Gaffron noted regardless of the action tonight,the original approval is still valid, and if this application is ultimately approved by Council, it would be prudent for the City to negate the original approval. Thiesse asked Bollis whether he would like to table or move on to council. Bollis indicated he would prefer to move on to Council.. Lemke moved, Schoenzeit seconded,to recommend denial of Application No. 15-3763A, Christopher Bollis,200-350 Stubbs Bay Road North. VOTE: Ayes 5,Nays 0. 3. #16-3833 JOHN BOWLSBY, 1025 SPRING HILL ROAD,VARIANCES,6:56 P.M.— 7:02 P.M. John Bowlsby, Applicant,was present. Curtis stated the property owners are seeking variances in order to construct an in-ground pool within the average lakeshore setback and within the required 100-foot setback from Long Lake. The average — — -- Page 4 MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 d clock p.m. lakeshore setback line runs pretty much halfway through the center of the house and portions of the home are within the 100-foot structural setback. Neighboring homes are over 400 feet away and are separated from the applicants' home by existing vegetation and topographic differences. The proposed in-ground pool will have minimal visual impact from the lake and to adjacent homes. Staff provided an analysis of the practical difficulties within the Staff report. If the Planning Commission wishes,the individual criteria can be discussed tonight. Curtis noted the proposed hardcover listed in the staff report reflects the corrected hardcover on the property, including the previous approvals for the additions under construction. No other hardcover is being requested. Staff finds that the location of the existing home, which currently encroaches into the 100-foot setback, makes it difficult to make modifications or additions to and around the home. The property is large and wide, with a 23-foot elevation difference between the lake level and the home. The applicant's proposal to construct an in-ground pool on the west side of the home where previously an octagonal portion of the home existed will be 25 feet lakeward of the average lakeshore setback and nine feet into the 100-foot setback. Due to the elevation change from the lake level to the home level,the in-ground pool will not be visually apparent when viewed from the lake. It also does not appear that the adjacent property owners will be adversely impacted by the pool. Staff finds there are special conditions relating to the existing home and property which support granting the requested lake setback and average lakeshore setback variances for the pool. Staff recommends approval of the variances for the pool. The Planning Commission had no questions for Staff. Bowlsby stated he would be available to answer any questions the Planning Commission may have. Chair Thiesse opened the public hearing at 6:59 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:59 pm. Leskinen stated her understanding is that the pool is only a couple of feet into the setback but that she is not sure whether it can be pulled back any further. Leskinen stated she has no issues with the variance to the average lakeshore setback since it goes through the middle of the home. Thiesse asked how long the pool is. Bowlsby indicated it is 42 feet in length. Lemke stated the application appears to be pretty straight forward. Thiesse asked whether the septic system requires capacity for a pool. — -- Page 5 - MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Curtis stated it is based upon the number of bedrooms in the home and that she is not sure where the new septic system will be located. Curtis indicated the properiy has ample space to locate the septic system. Thiesse asked how they will drain the pool. Bowlsby stated the water will be left in the pool. Leskinen moved,Olson seconded,to recommend approval of Application No. 16-3833,John Bowlsby, 1026 Spring Hill Road,granting of an average lakeshore setback variance and a structural setback variance from the ordinary high water level. VOTE: Ayes 5,Nays 0. 4. #16-3834 NED AND MICHELLE DAU,220 NORTHGATE ROAD,VARIANCES,LOT LINE REARRANGEMENT,EASEMENT VACATION, 7:02 P.M.—7:11 P.M. Ned Dau,Applicant, was present. Gaffron stated the applicants are proposing a lot line rearrangement for Lot 1, Block 7,Northgate Two, and part of Outlot C,Northgate Two. Northgate Two was platted as a Planned Residential Development in 1979. As a result, the standards far setbacks, lot sizes, etc., are established within the plat resolution. The original plat created seven single-family building pads,plus two recreation outlots, a road outlot,and a commons open-space outlot. The building pads were established with the intent that new homes could be constructed within the confines of each pad without any setback or lot coverage limitations. The applicants would like to swap approximately 120 square feet of their property for an identically-sized portion of the Northgate Two commons outlot in order to allow construction of an addition to the existing residence behind the garage. The addition also requires a variance for structural lot coverage. The applicants are further requesting the vacation of a portion of an existing open space easement granted to the City over Outlot C. The covenants for Northgate Two established an open space easement over the entirety of Outlot C in favor of the City of Orono. The easement prohibits construction of"signs, billboards, accessory buildings, hardcover or roads of any nature whatsoever, or any other structure or improvements inconsistent with the natural state of the Affected Lands." In order to avoid future issues for the property Owners,this lot line rearrangement process includes the vacation and rededication of the open space easement,vacating it from the portions of Outlot C being acquired by the applicants and adding to it the portion of Lot 1, Block 7. This lot line rearrangement does not result in new lots and therefore no park fees and no stormwater trunk fees will be due. Further,the homeowners association has been advised of the proposal and no objections have been expressed. Staff recommends approval of the lot line rearrangement, lot coverage variance and easement vacation subject to the applicants granting a new open space easement over the portion of Lot 1, Block 7,being transferred to the homeowners association under the identical provisions of the existing easement. Page 6 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. In addition, new proposed legal descriptions will be required for each property. As part of this approval, the applicants will be required to file new deeds based on the new legal descriptions. Staff will work with the property owners and the City Attorney to ensure that the necessary documents are prepared and filed. Schoenzeit asked how this is different from the situation at Lakeview. Gaffron stated the lots in Lakeview are bigger,with the easement area encompassing approximately half of each individual lot. In that situation,the owners are allowed to have a septic system but virtually nothing else within that easement area. 'Gaffron stated this situation is different since the easement area is essentially as large as the house. Schoenzeit stated it makes perfect sense in this case since there is plenty of land, but that there is the potential that a person in Lakeville could do a build and give as well. Thiesse noted this is only the building footprint and not a wetland. Leskinen asked if Lakeville was a PRD. Gaffron indicated it originally was not but then became a PRD. Gaffron stated at Lakeville they are still required to meet the setbacks of the RR-1B district. Leskinen stated she sees this as a different circumstance in that Lakeville is a PRD and this lot is located in a 1-acre zone but they do not own one acre of land. Leskinen stated the PRD was set up to preserve the open space and that she sees it as a practical difficulty for the owner since they only have the dimensions of their home. Ned Dau stated he can answer any questions the Planning Commission may have. Chair Thiesse opened the public hearing at 7:10 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:10 p.m. Schoenzeit moved,Lemke seconded,to recommend approval of Application No. 16-3834,Ned and Michelle Dau,220 Northgate Road,granting of a lot line rearrangement, a structural lot coverage variance,and an easement vacation. VOTE: Ayes 5,Nays 0. 5. #16-3835 NIICHAEL GALLUS CONSTRUCTION ON BEHALF OF GUY MILLIItEN, 1991 FAGERNESS POINT ROAD,VARIANCES,7:11 P.M.–7:15 P.M. Michael Gallus,Applicant,was present. Curtis stated the applicant is making changes to the roof on the home to improve the ventilation. In the process,they plan to modify the roofline to enhance the aesthetics. The eaves will be shortened by approximately nine inches from existing and the overhangs on the gables will be extended by 18 inches. The extension of the eaves into required yards up to two feet is allowed provided the building meets the — Page 7 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. required setback. However, because the majority of this home is lakeward of the 75-foot and average lakeshore setbacks, variances are required. Curtis noted the home is located approximately 23 feet from the OHWI,and not 12 feet as stated in Staff's report. No other variances are being requested with this application. Due to the property's location at the point of Fagerness Point Road,the home is almost entirely within the average lakeshore setback and well within the 75-foot setback from the lake on all sides. The corner portion of the northeast house extends up to seven inches into the side yard. The applicant's plan to expand the overhangs on the gable ends by 18 inches requires variances because of the nonconforming location of the existing home. The survey and building elevation e�ibits have been color coded to illustrate where the expanded overhangs will be located. Staff provided an analysis of the practical difficulties within the Staff report. If the Planning Commission wishes,the individual criteria can be discussed tonight. Staff recommends approval of the variances. The Planning Commission had no questions for Staff. Michael Gallus,Applicant, stated he would be available to answer any questions. Chair Thiesse opened the public hearing at 7:13 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at p.m. Lemke commented the application is pretty straight forward. Olson stated it is improving the aesthetics of the house. Schoenzeit stated it also improves the functionality of the home. Lemke moved,Schoenzeit seconded,to recommend approval of Application No. 16-3835,Michael Gallus Construction on behalf of Guy Milliren, 1991 Fagerness Point Road,granting of a 75-foot and average lakeshore setback variances. VOTE: Ayes 5,Nays 0. 6. #16-3836 RICK ANDERSON AND DAVID LIND,3585 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT,7:15 P.M.—7:45 P.M. Rick Anderson and David Lind,Applicants,were present. Gaffron stated the applicants are requesting approval of a conditional use permit in order to install a full bathroom, including shower or tub,within the existing accessory barn structure on the property. City Code Section 78-1437(3)b allows for the installation of plumbing fixtures, including a bathtub or shower in an accessory building subject to conditions and a restrictive covenant. Due to the lack of suitable drain Page 8 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. field sites meeting all setback requirements,the applicants are also proposing to use a holding tank for sewage disposaL This site is a very unique situation in the 2-acre rural residential district. Prior to construction of the Highway 12 bypass, a single-family residence existed north of the barn. In order to construct the CR6 approach to the Wayzata Boulevard interchange, the portion of property containing the house was acquired by MnDOT and the house was removed. The barn remained on a lot of 2.4 gross acres, being considered as a nonconforming accessory structure without a principal structure. The City did not have the legal authority at that time to require its removal. The applicants purchased the property and have been remodeling the barn for use as a man barn. The City has been issuing permits for the improvements to the barn. The applicants were required to provide septic testing infortnation and a wetland delineation in order to establish the ability or non-ability to install a conforming septic system to serve the proposed bathroom facilities. The wetlands in the eastern half of the site,as well as areas of compacted disturbed soils, preclude the ability to install a conforming septic system meeting setback and soil�ondition requirements. Staff is recommending approval of a holding tank subject to certain conditions. While formal Council approval is not specifically required for holding tank use, it has been Staf�s policy to bring those requests forward to the Council as a notification process. In accepting this conditional use permit,the property owners will be required to agree to the filing of a covenant in the title of the property providing that the accessory barn building will not be(a)used for a home occupation unless specifically approved by the City or if allowed by this Code; (b)used as a dwelling unless a guest house conditional use permit is obtained; and(c)rented, leased or otherwise provided for use as a dwelling under any circumstances. Planning Staff recommends approval of the conditional use permit for plumbing, including a bathtub or shower within the proposed accessory barn structure. Staff further recommends approval of the use of a holding tank for the proposed use in lieu of construction of a septic system, subject to the conditions outlined in Staff's report. Approval is further subject to the applicants executing a covenant to be filed in the chain of title establishing the following: 1. The accessory barn building shall not be used for a home occupation unless specifically approved by the City; 2. The accessory barn building shall not be used as a dwelling or guest house; and 3. The accessory barn building shall not be rented, leased, or otherwise provided for use as a dwelling under any circumstances. Lemke asked what home occupation means. Gaffron stated a home occupation is typically when someone lives in the house and there is some sort of business being run from the house. Normally it would require a license or City approvals if that type of occupation brings in traffic to the site or utilizes outside storage. Gaffron indicated the City has a whole code section that talks about the criteria that must be met to not require a license. - Page 9 - - --- MINUTES OF THE ORONO CITY COUNCII.MEETING ' Monday,June 20,2016 6:30 o'clock p.m. Thiesse noted a dwelling means a building or a portion of a building designed or intended to be occupied exclusively for residential purposes. Thiesse stated if this building is not designed for residential purposes, it can have a bathroom. Gaffron stated this is considered as an accessory building. Thiesse stated he is a little concerned about the City's definition of a dwelling. Schoenzeit questioned if there is a barn with a bathroom without a principal structure if it would be,by definition, a house. Gaffron stated those are all questions the Planning Commission can raise as concerns. From the perspective of the definition of a dwelling, Staff would look at it as an accessory building because the City's definition of dwelling does not require certain features. Gaffron stated this application is unique and the barn remained since the City could not require its removal at the time the road was redone. Leskinen asked if it possible to clarify that or alleviate the concern as a condition of the conditional use permit. Gaffron stated the Planning Commission could recommend that and the City Attorney could ensure that it is enforceabte. Leskinen asked if the building could be rented out for gatherings or parties. Gaffron stated as soon as it starts being rented out, it becomes a commercial use,which is not allowed in the RR-1B zone. Thiesse stated if the alarm goes off and the owner is not present, it could become annoying to the neighbors. Gaffron stated the alarm for the septic system will likely be inside the building and that he is not sure there is any need for the light or sound to be outside the building. Olson asked if there is a way for the owners to be alerted if they are off site, especially if they are going to be off site for weeks at a time. Gaffron stated there might be technology that would allow that to happen. Gaffron stated if this is installed in a normal manner, in his view leaking would be unlikely, but that the City does has a system that provides a signal off site through the phone lines. Thiesse stated the owner also has a vested interest in the septic system not overflowing into the building. Lemke asked if there is any parking being proposed. Gaffron stated the applicant will need to address that. Gaffron stated the compaction of the ground has to do with the past use of the property but that there are no hardcover issues on the site. Page --- 10 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Barnhart noted the City did receive some written comments that were provided to the Planning Commission this evening and that many of those comments were addressed in Staffls report. Dave Lind,Applicant, 3585 County Road 6, stated they had concerns about leakage and that they have an electrician involved and there will be a switch on the wall for the pump so it can be turned off when they leave. Lind indicated they both have houses and cabins and that this will be a retirement place where they can putz with things. Lind indicated they looked a long time for a barn and they luckily found this one. Lind stated as far as the tank is concerned,they felt that putting a whole blown septic system did not make sense and that they were told a holding tank would work. Thiesse noted the Planning Commission expressed some concerns about overnight guests. Thiesse asked if the shower is absolutely necessary. Lind indicated it is not but that they put it in their plan in the event they got dirty so they could get cleaned up prior to leaving. Thiesse opened the public hearing at 7:33 p.m. Laura MacLachlan, 3565 County Road 6, asked if the holding tank alann will be strictly in the barn,and if that goes off,how they will get notified of that. Gaffron stated a lot of people have septic sites and are gone for the winter. Gaffron indicated there usually is an alarm system that is located in the house and it will sound some sort of alarm when it reaches a certain level. Gaffron stated a security system is also a potential way to deal with this but that Staff has not proposed any specific technology. Gaffron noted the Planning Commission could add that to their recommendation. Thiesse stated it sounds like there will be a switch on the water source so that will help alleviate some of the concern with leakage. MacLachlan stated her other concern was the potential for changing the zoning on this site. MacLachlan stated in her view once this has a full bathroom in it and there is no home on the property, it essentially becomes the house even though technically it is an accessory structure. Gaffron stated the covenant that is required will go with the property and that the intent is that it not be used as a dwelling. Gaffron indicated this is not a property that will be rezoned to commercial or other nonresidential use, but that it is odd that it is an accessory building without a principal residence. MacLachlan asked if potentially down the line they could add a kitchen. Gaffron indicated the City's building code does not allow it to be a dwelling, and if the applicants want to use it as a dwelling,they would need to come back before the City and apply for a conditional use permit. Gaffron stated in his view Staff can write those covenants so that anyone who purchases the property will know it cannot be used as a primary residence and is purely an accessory building. Page _��_ — -- i l � MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 dclock p.m. MacLachlan stated with a shower,the holding tank will fill up faster. MacLachlan stated if they are not there that often,there is the potential for that filling up and the owners not knowing about the alarm going off. Gaffron stated the applicants are proposing a 1,500 gallon,two compartment holding tank with a visual alarm, and that he expects there will be a sound alarm within the building as well. Gaffron stated the Planning Commission can also recommend remote notification. Lemke asked if the property owners would receive a notification from the City that their tank needs to be pumped out. Gaffron indicated they would not and that how often it needs to be pumped out will depend greatly on how often it is used. Gaffron stated he can see it lasting a month or two if someone is there a couple times a week and that it is likely the applicants will have a pumping contract or maintenance agreement. It is Staffls expectation that the applicants will likely have a contract with a licensed pumper to pump X number of times. Gaffron noted the City has not had any specific problems with holding tanks in the past but that there are only a handful of them in the City. Chair Thiesse closed the public hearing at 7:40 p.m. Lemke stated he likes the fact that the applicants are preserving a barn since not too many of them exist anymore in this area. Lemke stated he does not have too much concern with the proposed usage. Leskinen stated she is okay with the proposal but would add the condition that there be remote access notification. Leskinen stated in her view that would be in the owners' best interests. Leskinen stated it is a nice use of a barn and a very unique situation and that she does not have a problem with the shower. Leskinen noted the barn can never be a principal structure. Gaffron noted the paperwork just says visual alarm but that it is easy enough to make it remote notification. Thiesse asked what would be allowed to be stored inside and outside. Gaffron stated the outside storage would be the same as for any other residential home site. Gaffron stated if the site becomes junky and someone files a complaint,the City would go after them to clean it up. Olson stated it is a great idea and that Staff has already addressed most of the concerns. Leskinen noted the conditional use permit goes with the properiy and all the conditions would apply to any new owner. Lemke moved, Schoenzeit seconded, to recommend approval of Application No. 16-3836,Rick Anderson and David Lind,3585 Sixth Avenue North,granting of a conditional use permit,subject to the conditions outlined in Staft's report,with the additional condition that remote notification regarding the holding tank be required and to tighten up the language with regard to the definition of a dwelling.VOTE: Ayes 5,Nays 0. -- - Page _ 12 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. 7. #16-3837 JOHN BRUNELLO,LLC,570 ORONO ORCHARD ROAD SOUTH, VARIANCES, 7:45 P.M.—7:59 P.M. John Brunello, Applicant,was present. Curtis stated the applicant is requesting lot area, lot width, and side yard setback variances in order to redevelop their property. The property owner is proposing to demolish the existing building and construct a 2,300 plus square foot home with an attached three-stall garage. The property is a nonconforming lot of record with just over a half an acre in area and approximately 100 feet of width. The properiy is located in the RR-1B zoning district,which requires 2.0 acres in area and 200 feet of width. The applicant is requesting side setback variances from both the north and south lot lines. Therefore, lot area and lot width variances are also required. The proposed two-story home will be situated 17 feet from the north side lot line and 15 feet from the south lot line. Front and rear setbacks will be met as will hardcover and structural coverage limits. The home will be approximately 64 feet wide and will be situated 17 feet from the north side lot line and 15 feet from the south lot line. The property could possibly conform to the lot of record provisions set forth in Section 78-72. However, the applicant's request for side setback variances results in the property's inability to conform. The City's engineer briefly reviewed the proposed plan and made a recommendation to require the plan to be updated at the time of the building permit to include any proposed gutters and downspouts. Staff finds that there are demonstrable practical difficulties supporting the lot area and lot width variance as well as the side setback variance requests. No public comments have been received. Staff recommends approval of the variances conditioned upon compliance with the City Engineer's comments regarding the site drainage at the time of building permit. The Planning Commission had no questions for Staf£ Jeffrey Jaglo stated he is here representing J. Brunello,LLC. Jaglo stated they are seeking the variances in order to redevelop the property for a new home in place of the existing structure that is not a candidate for either upgrading or remodeling. In order to place the new structure within the existing property boundaries,they will need Council approval of a variance that would allow them to build beyond the setbacks in the city ordinances. The lot is 100 feet wide and the required setbacks are such that a suitable sized house with an average sized garage would make it difficult to redevelop the site. Jaglo stated in their view redevelopment of the site would greatly enhance the neighborhood,bring a new family to the City, and contribute to the overall success of the City and the schools. Chair Thiesse opened the public hearing at 7:58 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:58 p.m. — — ---- Page _ 13 MINUTES OF THE - ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Thiesse asked if the adjacent property to the south is a back yard. Curtis indicated it is. Thiesse stated he is assuming that property is also a candidate for redevelopment. Curtis stated it does appear that Fox Street would be the frontage for that property. Olson noted the proposal is below the City's structural coverage and hardcover limits. Schoenzeit moved,Leskinen seconded,to recommend approval of Application No. 16-3837,John Brunello,LLC,570 Orono Orchard Road South,granting of lot area, lot width, and side yard setback variances,subject to Staff and City Engineer's recommendations.VOTE: Ayes 5,Nays 0. 8. #16-3838 AL MUSECH ON BEHALF OF THOM AND LAURA CLAPP,215 HOLLANDER ROAD,EASEMENT VACATION,7:59 P.M.—8:04 P.M. A1 Musech,Applicant,was present. Barnhart stated the applicant is requesting vacation of a drainage and utility easement that remained after a boundary line adjustment was made some years prior. The applicant proposes to replace the vacated easement with a10-foot drainage and utility easement along the property line. There are no known utilities within the easement. Barnhart displayed the existing easement on the overhead and pointed out how the existing easement goes right through the property. Originally the property consisted of two lots. Typically in new subdivisions easements are platted along the property line. Barnhart illustrated the location of the new easement. Staff recommends approval of the easement vacation as proposed and does not see it as having any negative impacts on any property in the area. Lemke asked if an easement is required to be provided on that property. Barnhart stated it is not, but generally it is not known when an easement will be needed so the City will typically ask for it up front. Thiesse noted the easement goes from 10 feet to 5 feet but that it has to transition at some point. Thiesse indicated he is comfortable with the location. Al Musech,Applicant, stated as Staff has stated,the purpose of the easement swap is to put in a septic system to replace the failing septic system. Musech stated at the time he purchased the property,they knew the system was failing and the perc tests found a suitable site in the front yard. The new mound system will blend in somewhat with the existing topography. Chair Thiesse opened the public hearing at 8:04 p.m. There were no public comments regarding this application. _ Page _ 14 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Chair Thiesse closed the public hearing at 8:04 pm. Leskinen stated the application is as straight forward as it gets. Leskinen moved,Olson seconded,to recommend approval of Application No. 16-3838,A1 Musech on behalf of Thom and Laura Clapp,215 Hollander Road,granting of an easement vacation subject to a 10-foot drainage and utility easement being granted along the north property line. VOTE: Ayes 5,Nays 0. 9. #16-3832 CITY OF ORONO,3580 WAYZATA BOULEVARD WEST,VARIANCES,8:05 P.M.—8:40 P.M. Barnhart stated in April of this year,the City Council approved a plan to develop a portion of Lurton Park as an off-leash park. The City is requesting setback variances from the lake and wetland boundaries to facilitate construction of fencing within the park. Other improvements approved by the Council include expansion of the parking lot, additional benches and tables within the park. Barnhart noted the plan presented in May differs from the plan being presented now. The proposed fence has been pulled back from the wetland buffer on the west side and has been pulled back from the private residential property to the north. The fence has mainly been pulled back from the wetland boundary on the east side of the property. Variances are necessary because the fence crosses mapped wetlands just to the east of the parking lot and is within 150 feet of the edge of Lake Classen. The fence within the wetland near the parking lot replaces an existing fence. Barnhart stated a fence is a normal part of a park and the proposed fence is the primary improvement to the park. When Staff looked at applying the practical difficulty standards in this situation,they looked at the fence as being the primary structure. In Staffls analysis, it was felt the fence does meet the requirements and goals of the ordinance in trying to minimize the impacts to the neighbors and the goals of the City. A letter of concern was received by the City regarding the change of the park to an off-leash park. During the public comment period at the Council meeting, neighboring property owners spoke in opposition to the conversion of the park to an off-leash park. The neighbors noted concerns that the fence would impact wildlife movement and habitat, and a fence adjacent to their property would negatively impact their property. The fence has been pulled back from the property line to allow for wildlife movement and to prevent interaction from the park to the private property. The comments received to date center more on the presence of fencing versus the location of the fencing. Lemke asked why the Planning Commission did not see this application previously. Barnhart stated the application was originally presented to the City Council, with the City Council having the opportunity to waive review by the Planning Commission and hold a public hearing if they deem appropriate. Barnhart stated because the City was under time constraints with bidding the project and had an opporlunity to hire a contractor in May, Staff felt it should go before the City Council. The City Council, however, felt a review by the Planning Commission was appropriate. --- ------ Page — — --- 15 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Lemke asked how big a dog park typically is. Barnhart indicated they vary in size and can range anywhere from one acre to a number of acres depending on the community. Barnhart stated the city he lives in has a 5-acre dog park. Schoenzeit stated the notes from the resident say that the City will be selling permits. Schoenzeit asked if it will cost money to use the park. Barnhart stated there are some policy issues that the Council is considering and that his understanding is that they are looking at charging for parking at the park. Schoenzeit asked who is paying for the fence. Thiesse stated it is the City. Barnhart stated his understanding is that it is coming out of park dedication fees. Schoenzeit stated it is coming from the City and not the people who donated the land. Lemke asked if the well is part of the proposal. Adam Edwards, City Engineer, stated the size of dog parks vary from less than an acre up to 30,40 acres. Edwards stated the intent of this park is that it will be an off-leash park as opposed to a little piece of Astrotur£ People will have the ability to walk on trails through the woods or through the prairie with their dog off leash. Edwards stated the intent is to maximize the use of the land. As it relates to funding,the Council did elect to fund the construction of all the real property improvements out of the park dedication fund. Edwards stated the Lurton Park Fund is being preserved to continue maintenance of the prairie and there is an opportunity, if the family so chooses,to do small improvements such as adding more benches or similar items. Schoenzeit asked what the budget is for the project. Edwards stated to his recollection the overall budget was around$115,000. The well was deferred to a later date until sufficient interest in the park was demonstrated as well as some other items. The two main items that were approved were the fence and the expansion of the parking lot in addition to some signage. Thiesse noted the Planning Commission is only looking at the variance for the fence and that they do not need to discuss the merits of an off-leash dog park. Thiesse stated the only reason this is before the Planning Commission is that Council Member Walsh voted not to waive the review by the Planning Commission. Thiesse asked why there is no wetland delineation or survey. Barnhart stated Staff felt it could site the fence properly without impacting the wetlands and that Staff elected not to spend City resources on a survey. Page _ _ -- ----- 16 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Thiesse stated he understands that, but his feeling is that he would treat it more like the coach's kid who gets a higher vision because they do not want to show any favoritism. Thiesse noted the City typically requires it from absolutely everybody and that it would have been nice to have one as he was walking the site. Edwards noted the City has a GIS system, which has fairly accurate data, and that the City also has access to all the wetland data from the DNR,which was used to place the fence. Schoenzeit stated he disagrees that the discussion is limited to the fence and that all questions should be allowed. Thiesse noted the Planning Commission does not have any say into whether a dog park is desirable at this location. Schoenzeit asked whether there were any studies done on the amount this park will get used. Schoenzeit stated typically this park is empty when he goes by it and that to justify a$150,000 investment seems crazy. Thiesse noted that is not the choice of the Planning Commission. Schoenzeit commented he is an Orono taxpayer. Thiesse stated he will need to attend the City Council meeting to discuss that. Edwards stated the City does not keep attendance records at the park but that it is not a heavily used park, which is one of the reasons why it became a candidate for a dog park. Edwards stated the donating family brought the idea to the City. Thiesse noted it was the family of the donors and not the actual donors. Lemke asked whether the residents can tap into that same information bank that the City used in order to do the wetlands. Edwards stated the City did not do a wetland delineation but that they used the GIS data base to look at where the wetlands were plotted and then backed off from that. Edwards stated the topography in this area includes a fairly steep drop-off and it is not a gradual slope. Lemke asked if that same data could be made available to the residents if the City is confident with their wetland delineation in this case. Curtis stated it is not a delineation by WACA standards and that it is a delineation that is required by City Code. Curtis noted the Watershed District has authority over what is and is not a valid wetland delineation and that this application does not trigger the Watershed District's wetland delineation requirements. Gaffron stated while the general public may have access to specific parts of the City's data, it would be unusual to exempt them from doing a wetland delineation based on using that data. Page _ — -- — 17 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Lemke commented the City is exempting themselves and that he agrees with Mr. Schoenzeit's comments. Chair Thiesse opened the public hearing at 8:18 p.m. Thiesse-noted this request is for a variance to allow a fence and not about the merits or needs of a dog park. Dianna Milianta, 3515 Sixth Avenue North, stated she does not repeat a lot of what she said at the City Council meeting and that she will summarize some of what she said. Milianta stated the intent of the park was to be left as a wildlife park per the wishes of Susan Lurton. Milianta stated the placement of the fence will make it difficult for wildlife to travel freely through the park. Milianta noted the fence is still within 150 feet of the lake as well as being close to the residential properties. Milianta pointed out the 150-foot line. Milianta stated she would suggest moving a portion of the fence back since it would leave access to the lake open for the wildlife. Milianta stated the other item she would like to discuss is the practical difficulties document. Item No. 3 states the variance, if granted, will not alter the essential character of the locality. Milianta stated if you take that very literally,the fence is intended to blend into the environment, but it should not be taken out of context. Milianta noted the fence will hold dogs in and the dogs will alter the essential character of the locality. Milianta stated the fence and the dogs together will really change the character of the locality around the lake and around that corner. Milianta stated the fence and the dogs will impact the value of their property. Milianta noted they have a very nice horse barn and that there will be problems with the noise and having the dogs that close. Milianta stated moving the fence down will still give a lot of space for the dogs and provide enough space between the dogs and the horses. Laurel MacLachlan, 3565 Sixth Avenue North, stated the original intent of the park was to keep it passive so all the animals would be able to live there without any obstruction. MacLachlan stated she is in agreement that the fence should be moved further back. MacLachlan stated in her view most dog parks are in that 1 to 7 acre range and not 30 or 35 acres. MacLachlan stated if the dog park encompasses a lot of acreage, it will impede on some of the wildlife, and when the dog park is that big and the dogs are off leash, it will be difficult to pick up after them. MacLachlan stated she would like to see the dog park restricted further. MacLachlan stated she also is not sure that a 4-foot fence is not jumpable by a number of larger dogs,and if a dog does jump that fence, it is a risk to the other animals that may or may not be there. MacLachlan noted she did write some comments down and submitted those about how the change to the park came about and about the lack of public notice. Thiesse asked what the height of the fence is. Barnhart indicated it is 47 inches. Chair Thiesse closed the public hearing at 8:25 p.m. Thiesse asked specifically what the Planning Commission is being asked to address tonight. -- ---- — Page 18 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Barnhart illustrated on the overhead the location of the fence and the areas where a variance would be required. The fence will be located within 150 feet of the lake and 35 feet of the wetland. Lemke stated his feeling is that by not granting the variance,the park still works perfectly well. Lemke stated the fence could be moved back to the proper line and it would still be a very valuable and viable park. Thiesse stated he thought so,too, at the beginning until he heard the comments of the neighbors. One of the comments was if the fence is pulled back, it would open up half that area for lake use and preserve the wildlife corridor. Barnhart stated this part of the fence is not accessible without a variance based on the wetland and the GIS information. Barnhart stated there really is no other method to get through that area since the fence would block that finger-shaped piece of£ Schoenzeit asked if the City plans on using a survey when locating the fence. � Barnhart stated the City plans on field locating the fence with the contractor and the Watershed District. � Schoenzeit commented the City should follow its own advice and obtain a survey since it helps to prevent problems with neighbors. Olson stated he does not necessarily like the fence as it stands right now but that he does not want to debate the necessity of the dog park. Olson asked if there is a way for pedestrians to use the park without going through the area being used by the dogs. Barnhart stated a person would not need a pet to use the park but that they would need to pay to park there. Barnhart noted there are no,trails adjacent to this park that provide access to it. If someone wanted to walk through the park,they can still do that since there likely will not be very many dogs using the park. Barnhart stated currently people will let their dogs off leash even though it is clearly posted that dogs must be on a leash. Barnhart stated he does not expect it to be wall to wall dogs and that it is just more of an opportunity to use the park for an alternative use. If a pedestrian wanted to get through there,they would have to go through the fenced area but there will be gates that someone can walk through. Thiesse stated he is in agreement that the principal use has to include the dogs, and putting the fence where it is,the use behind the fence does create an impact. Leskinen noted No. 4 of the practical difficulties states that economic considerations alone do not constitute practical difficulties if reasonable use for the property exists. Leskinen stated the question is whether someone can make reasonable use of a dog park if the fence is in a conforming location. Thiesse indicated he did do a little research with Three Rivers Park and to his knowledge there are nine parks within the area that allow dogs off leash and they range from three acres to 49 acres. At 13 acres, this would be about a median size. - ----- -- ---- Page — 19 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 dclock p.m. Leskinen stated the dog park can still be reasonably used if the fence is pulled away from the lake. Leskinen stated if there is no other way to use that finger-shaped area, she has less issue with that portion of it, but that she does have an issue with the area higher up along the lake. Leskinen stated as a whole it is an awful lot to fence in for a dog park. Barnhart stated the idea here is that there is some investment in time and energy already made with the clearing of the trails and trees. Barnhart stated the City does not want to have to duplicate that up the hill, which is part of the rationale for the location of the fence. Barnhart stated some other improvements have already been made that they are trying to incorporate into it. Thiesse asked if there is some way to add a gate to access the trails on the east side. Barnhart stated he is sure the Park Commission and City Council would take any advice the Planning Commission would like to offer. Schoenzeit stated he was at the Council meeting when the family donated the land to the City and the discussion centered around controlled burns and re-establishing the prairie. Schoenzeit stated fencing it in and charging money to park was completely outside the scope of the plan. Schoenzeit stated there is also the lack of transparency of the planning process and the fact that the City actually wants to push this through without a public hearing. Thiesse noted that is not true and that the public hearing would have taken place at the City Council if it had not been referred back to the Planning Commission. Schoenzeit stated it also appears they are using City privilege to shortcut the survey process and the wetland delineation. Schoenzeit stated it is a great example of bad government and that he is strongly opposed to putting a fence on the property. Olson stated without having all the information, in his view they can still do the dog park without granting the variances. Olson noted someone else is going to decide if there is going to be a dog park and that the Planning Commission will not be deciding that. Olson stated in his view the City can get to that end result without granting the variances and that he has not seen a very substantial hardship demonstrated. Lemke stated he is in agreement with Commissioner Schoenzeit and that he does not see much thought having gone into the concept of a dog park. Leskinen stated she would be okay with the variance on the smaller portion that is not accessible without it, but that along the larger section, she is having trouble seeing enough practical difficulty to be able to grant the variance. Schoenzeit stated by granting the variance,they are giving the City permission to spend $150,000 to get into the dog park business. Schoenzeit stated he hears all the time how the City does not have the resources to do various things, and that anything the Planning Commission can do to slow that down would be their duty. __ Page _ — --- 20 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Thiesse stated he is ambivalent to the dog park, but that in his view the park can function with the fence in a legal position. Thiesse indicated he is more willing to accept the variance for the small part. Thiesse noted Three Rivers has nine dog parks and that he hopes someone has checked to see whether Baker Park will be included in that in the near future. Schoenzeit moved,Lemke seconded,to recommend denial of Application No. 16-3832,City of Orono,3580 Wayzata Boulevard West. VOTE: Ayes 5,Nays 0. 10. #16-3840 CITY OF ORONO,TEXT AMENDMENT: TEMPORARY FAMILY HEALTH CARE DWELLINGS,8:40 P.M.-8:49 P.M. Barnhart stated during the 2016 Legislative session,the Minnesota legislature enacted a law allowing "temporary family health care dwellings"in Minnesota. These dwellings are 300 square feet,usually on a trailer,that are connected to the houses' electivity and water sources, contain a sewage tank for pumping and can be placed anywhere on the property. The legislature noted that these drop houses provide a viable housing option for patients needing care provided by others but not necessarily in a hospital or nursing facility. The statute allows a city to opt-out of the requirements of this statute. To alleviate possible confusion and to avoid situations where a property owner may place a temporary family health care dwelling as a guest house,the proposed ordinance opts out of the statute. Staff recommends approval of the text amendment. Barnhart noted this was not on the City's list of priorities but it was identified by the Council in early May that this should be moved to the top of the list prior to the statute becoming effective in September. Schoenzeit asked if it is like a blood mobile or a library mobile. Barnhart stated there is actually a company out there that provides this service. The dwelling basically consists of 300 square feet with a holding tank for the septic. The dwelling can be hooked up to water and electricity from the main house and is essentially an addition that is parked in the yard. Thiesse asked if this is something the City might want to allow. Thiesse stated he can understand the concern about maintaining some control over it but that it might be something the City would want to discuss a little bit more. Barnhart stated the mobile dwellings are designed to provide avenues for people to get healthcare and that Mr. Thiesse raises a very valid point. Barnhart noted the City's ordinance already prohibits it and that he did not want to have an ordinance that prohibits it and then have a statute that allows it. Barnhart stated the purpose of the text amendment is to clarify it and that perhaps later in the year the City can discuss it further. Leskinen stated adopting this does not shut the door on it permanently but simply just clarifies what is already on the books. Leskinen stated the City could choose to allow it at some point. Barnhart stated in his view it would be worthwhile to revisit it. Page -- — - --- 21 MINUTES OF THE ORONO CITY COUNCII,MEETING � Monday,June 20,2016 6:30 o'clock p.m. Lemke asked wh�t the definition is of a guest house and whether a trailer would be considered a guest house. Barnhart stated a trailer is specifically listed as those that are not allowed for dwelling units. Curtis stated the definition of a guest house is an accessory separate dwelling constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or the nonpaying guests of the primary dwelling. All regular lot requirements will be met by the guest house. Barnhart stated under 1372 in the draft ordinance it says: no cellar, basement,tent or accessory building shall at any time be used as an occupied building. Barnhart indicated he added the words"unless otherwise approved as a guest house." Barnhart stated the City allows guest houses as an accessory building and a tent and a trailer are expressly listed as those that are not appropriate for a dwelling. Planning Staff recommends approval of the ordinance as drafted. Chair Thiesse opened the public hearing at 8:48 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:48 p.m. Leskinen moved,Olson seconded,to recommend approval of Application No. 16-3840,City of Orono,Text Amendment,Temporary Family Health Care Dwellings. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 11. UPDATE ON CITY COUNCIL MEETINGS SCHEDULED FOR MAY 23,2016,AND JiJNE 13,2016 Barnhart reported on the following actions of the City Council: • Approved the text amendment regarding subdivision exceptions. • Approved the CUP for grading on 895 Tonkawa on Consent. • Comments were provided on the Denman sketch at 2525 Shadywood for seven units. The Council did not have the same concerns with density but will likely discuss that at some point. • Council approved on Consent the conditional use permit and the rezoning of the wetland for the City of Medina's application. • Approved on Consent the lot line rearrangement for 2465 and 2485 North Shore Drive. • Approved variances for 1255 Dickinson Street. The Planning Commission approved it 5-1. A question was raised regarding structural coverage, with the Council approving it 2-1. Cornick voted no. 12. OTHER ISSUES FOR DISCUSSION Rick Meyers, Park Commission Chair, stated some things were said that were not correct during the discussion on the off-leash dog park. Meyers stated he does not want the record to show there was not a process that was followed. Meyers noted the only reason this came before the Planning Commission was Page _ --- - 22 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. the need for a variance for the fence and that otherwise a review by the Planning Commission was not necessary for the dog park. Meyers stated he makes it a point at the Park Commission meetings not to talk about the Planning Commission and disparage what they do. Meyers stated the concept of an off-leash dog park was � investigated by the Park Commission and that the family approached the City and suggested it. Meyers stated it is also not right to say that the City is wasting money since park dedication money is being used for this project. Park dedication money can only be used for capital improvements, such as to purchase parks or improve parks. Schoenzeit stated there should be a bigger discussion before having the City get involved in the dog park business. Meyers stated the Park Commission voted 7 to 0 to recommend approval of a dog park and the City Council voted 5-0 to approve a dog park. Schoenzeit commented it is not a good idea. Meyers noted the Park Commission also had public hearings and that the representation that this was done in some kind of slipshod manner was not accurate. Thiesse noted he did state during the meeting that this was done in accordance with the City's policies. Thiesse stated to his recollection he has not ever had a variance not come to the Planning Commission, but that he appreciates what the Park Commission does and that they have done what they were supposed to do. Meyers stated he was not part of the discussion about whether a variance is required. Meyers stated as part of the Park Commission's fiduciary duty,they try to save money wherever possible, and if the GIS data can get them within the intent of the rules,that is something that should be used. Meyers noted they are talking about a fence, which tends to be a very low impact thing. Meyers stated the Park Commission researched dog parks,visited a number of dog parks, and that this was not something that they pulled out of their hat. Meyers noted the family approached the City wanting to see more use of the park. Meyers stated the City also has 24 parks in the system and that people can go to a park specifically designed for the recreation they would like to do. Meyers noted the Park Commission can actually recommend spending money and that they set it up with the public good in mind and what would serve the most good in the City. Meyers stated it makes the Park Commission look bad to be dragged through the mud at one of the Planning Commission meetings and that he would not editorialize on the Planning Commission's job at one of the Park Commission meetings. Schoenzeit asked if there was a Council line item to invest$150,000 in a dog park. Meyers stated it was $115,000 and not$150,000. The bid for the fence was $70,000. Schoenzeit asked how the public is supposed to weigh in on it. Page _ ___ -- ---- ------ -- 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Thiesse stated the Park Commission had a public hearing. Council Member Levang stated the Park Commission went through months of planning regarding the dog park and that the Park Commission was brought back by Mayor McMillan and herself for the purpose of shoring up the City's assets in the City. Levang stated the Park Commission has worked tirelessly and has looked at every park in the City and has taken a number of steps to bring them up to a beautiful condition. Levang indicated she also worked with the soccer girls to lay the chips on the trails at Lurton Park, which is a wonderful asset that is not being used. Levang stated the Lurton family asked the City to expand the use of the park. Levang stated the Park Commission worked hard to identify the needs of the City and the dog park was one of the needs. Levang stated the Park Commission did their homework and did everything they were supposed to and that there was no behind closed doors action here. Levang stated the process has all been transparent and the Park Commission has worked very,vety hard to come up with a good plan. Levang noted Commissioner Schoenzeit does not have to agree the City needs a dog park and that he was not asked to weigh in on that. Levang stated it is the responsibility of the City Council to make that decision. Levang stated the Park Commission worked very hard on this and that she does not appreciate being told there was some behind closed doors' action when there was none of that. Bryce Johnson stated the Park Commission worked very hard on this project and spent a lot of time investigating dog parks independent of anything having to do with Lurton Park. The Park Commission came to the conclusion that an off-leash dog park was a very important need�or Orono and the community. Johnson stated they had the discussion at a Park Commission meeting that was open to the public. In addition,the Lurton family approached the City and requested it be used as a dog park. Johnson stated there was no discussion from the beginning or any indication that the City would conduct this as a business. Johnson stated the Park Commission was not interested in whether there would be money made on this park and that the intent was only to try to bring some order to the concept. Johnson stated the concept of people purchasing a parking permit was studied by the Council and Staff and the Park Commission had nothing to do that. Johnson noted the City's park dedication fund has hundreds of thousands of dollars in it and it got there every time there was a new development in the City. Johnson stated in his view the park dedication fees should be used in the general area where developments have occurred and that a couple of developments are now being considered in the area of Lurton Park. The park dedication fees are only allowed for park investments and not maintenance. Johnson stated an off-leash dog park was identified as an important thing to have. The Lurton family has indicated they would still continue to support the dog park but that they would like to see the City put some money into it. Schoenzeit stated often in the Planning Commission meetings it is stated that they cannot talk about certain things, and in general that is wrong. Schoenzeit stated there should not be some prearrangement to squash comment. --- - --- Page — --- 24 , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 20,2016 6:30 o'clock p.m. Thiesse stated there is a time and a place for that comment and that comment would have been wasted at the Planning Commission because it does not hold any water in this context. Thiesse stated the proper time would have been at the Council meeting. Schoenzeit stated to stifle comment is wrong. Olson stated if the Park Commission is making a decision along these lines, it would have been very helpful to hear the comments that were just made prior to the Planning Commission making their decision. Olson stated he was•looking at it from a different perspective than what has been explained and that it would have been very beneficial to have that information. Meyers stated he would have been glad to have done that had he been invited to speak. Meyers stated it was his understanding that the Planning Commission was only going to be discussing the variance and that he did not feel it was proper on his part to go into the background. Meyers indicated he spoke to Mr. Thiesse on the phone and provided some background information but that Mr. Thiesse indicated he would keep his decision on the variance and not on the broader package. Schoenzeit stated the fact that he is not sure he could speak on or off topic is a problem with the way the hearings are being run. Schoenzeit stated this is a public forum and people should feel free to add to the discussion. Lemke asked if the Planning Commission will be going paperless. Barnhart indicated he has added that to the proposed budget for 2017 and that he is optimistic but not 100 percent confident it will be approved. Barnhart stated in his view it would be a benefit to go that route. ADJOURNMENT Leskinen moved,Olson seconded,to adjourn the Orono Planning Commission meeting at 9:16 p.m. VOTE: Ayes 5,Nays 0. ATTEST: John Thiesse,Chair Page — ---- _� --------- --- -- 25 h Date Application Received: 05/18/16 O Date Application Considered as Complete:06/24/16 � �O 60-Day Review Period Expires: 08/23/16 � � To: Chair Thiesse and Planning Commission Members 2F� �� Jessica Loftus, City Administrator qKESH°�� From: Melanie Curtis, Planner �'Y1GG Date: 13 July 2016 Subject: #16-3839, Revision LLC, o/b/o Sharon Olson-Nesbitt,865 Ferndale Rd W Variances Public Hearing Application Summary: The applicant is requestingthe following variances in orderto construct an attached garage addition to the north side of the existing home: 1. Lake setback variance; 2. Side yard setback variance; 3. Tier 1 hardcover variance, including 0-75' hardcover. Staff Recommendation: See page 6. List of Exhibits ExhibitA. Application Exhibit 8. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Renderings Exhibit F. Site Photos Exhibit G. Submitted Hardcover Calculations Exhibit H. Aerial Photos Exhibit l. Property Owners List ExhibitJ. Map Background According to Hennepin County's records the home on the property was constructed in approximately 1938, predating today's setback requirements. The applicant is proposing to construct a 24'x 24'attached garage on the north side of the home;the existing 18'x 21'tuck under garage space will remain. Due to proximity of the existing home to the lake and the east side property line, setback variances are necessary. Additionally, hardcover variances are also requested to permit 34.64%where 34.73%currently exists. As part of the project,the applicant is proposing to completely remove the existing blacktop driveway; a new reconfigured driveway will be installed resulting in an approximate 255 square foot reduction of driveway hardcover. The new garage will be constructed primarily over existing driveway hardcover;there will be some new structural hardcover(both in and out FILE#16-3839 13 July 2016 Page 2 of 6 of the 0-75' zone)within the garage footprint where landscaping currently exists. LOT ANALYSIS WORKSHEET Section 78-305&78-1279-Setbacks: LR-lA Required Existing Proposed Rear/Street 50' 154' house 135' new garage East Side 30' 17.6' house 10.2' new garage West Side 30' 1' house No change Lakeshore 75' 20' house ±71' new garage Most of the existing home meets the average lakeshore setback. Average Lakeshore The new garage addition will be conforming with respect to the average lakeshore setback. Section 78-305 -Lot Area/Width: LR-lA Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 21,790 s.f. (0.5 acre) ±102'@ 75'/ ±102' @ OHWL Section 78-1403-Structural Covera�e: Total Lot Area Total Structural Coverage 21,790 s.f. (0.5 acre) Allowed: 3,268.5 s.f. (15%) Existing: 2,085 s.f. (9.5%) Proposed: 2,651 s.f. (12%) Section 78-1680 and 78-1700-Hardcover Calculations: The entire house and lakeside stone patio are within the 0-75' zone,accounting for at least 2,571 square feet(11%) of the site's hardcover. However,the hardcover calculations do not provide a specific breakdown of the hardcover square footages within the 0-75' zone. The applicant should provide the revised hardcover calculations prior to placement on the City Council's agenda for consideration. Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 21,790 s.f. 5,447.5 s.f. 7,567 s.f. 7,554 s.f. (25%) (34.73%) (34.67%) Applicable Regulations: Side Setback Variance (Section 78-305) A 30 foot side setback is required for principal structures. The applicant is proposing to construct an addition expanding the existing garage over the driveway to encroach as close as 10.2 feet to the side lot line. The home on the property is situated at an angle oriented toward the lake; and FILE#16-3839 13 July 2016 Page 3 of 6 is as close as 17.6 feet from the east property line. Because of the orientation, continuing the east line of the house to extend the garage results in an even greater encroachment into the already nonconforming property line setback. The property is situated on the eastern limit of the City on Ferndale Road West.The neighbor to the east is within the City of Wayzata;Wayzata's side setback requirement for their R-1 district is 20 feet. The home on the property to the east (692 Ferndale Road W) is approximately 120 feet from the side lot line. Lake Setback Variance (Section 78-1279) The existing home is situated as close as 20 feet from the lake.Although the proposed addition is on the street side of the home, it is still within the 75 foot setback. Hardcover Variance (Sections 78-1680& 78-1700) At 34.73%,the existing conditions on the Tier 1 property exceed the permitted 25%. Approximately 11%of the site's existing hardcover consist of the house and lakeside patio and is within the 75-foot setback; another 15% is attributed to the approximate 160 foot long driveway.The applicant is proposing to remove and replace the driveway in a different, more functional configuration. The proposed addition has a 7' x 24' portion within the 75-foot setback area, approximately 15 square feet of which would be considered new hardcover in an area that is currently pervious.The remainder of the proposed garage addition wili be constructed over existing driveway hardcover. Governing Regulation:Variance (Section 78-123) In reviewing 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 Planninq 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. Economic considerations alone do not constitute practical difficulties. Practical difficulties also 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 Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or counci) may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lakeshore setback variance is minimal and generally consistent with the intent of the ordinance. The 75-foot lake setback and 0-75 foot zone hardcover variance requested to permit the garage addition result in no net increase in hardcover for the property, and are in harmony with the ordinance which serves to limit hardcover surfaces within 75-feet of the lake. FILE#16-3839 13 July 2016 Page 4 of 6 However, the hardcover variance to permit the addition in conjunction with the reconstruction of the driveway may not be in keeping with the goals of the ordinance; the driveway hardcover could be minimized to reduce overall hardcover. The proposed side setback variance is reasonable considering the orientation of the home and the resulting 10 foot setback. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;the construction of the garage addition to the home is reasonable residential property. b. There are circumstances unique to the property not created by the landowner; The location of the home on the property 20 feet from the OHWL and less than 30 feet from the side lot line is an existing condition which predates the current regulations as well as the current owner, and c. The variance will not alter the essential character of the locality. The garage addition will be screened from views from the lake bythe house,will be keeping with the style of the historic home,and will allow for sufficient interior storage of vehicles and residential property maintenance equipment. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing home on the property has been remodeled through the years, yet predates the current zoning regulations regarding setbacks,etc. and most of the homes on adjacent properties. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The home and stone patio is situated right up to the lake. The neighboring home to the west is situated at a similar setback to the lake and in a similar orientation; the home on the property to the east is over 120 feet from the subject home and is oriented toward the lake in the opposite direction.The proposal does not appear to be out of character with the area. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.This statement is true. 7. 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.The proposed garage addition will not impair the health,safety,comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. There is no other feasible way to add addition space on to the existing garage as the house is angled toward the property line. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE#16-3839 13 July 2016 Page 5 of 6 Septic System Status The property is served by City sewer. 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 Staff finds the requested variance to encroach into the 75-foot lakeshore setback is minimal;the applicant is unable to construct any additions to the home without variances from the lake setback. Although the requested hardcover variances within the 0-75 foot zone and on the Tier 1 property as a whole result in no net increase in hardcover for the property, staff would encourage the applicant to further limit the proposed hardcover. The distance between Ferndale Road and the home necessitate a specific minimal length of driveway however the proposed driveway which includes a considerable loop may not be supported by practical difficulties. The driveway replacement does result in a reduction in driveway hardcover however this is offset by the structural addition over the driveway near the home. Staff suggests reductions could be made to the proposed driveway in conjunction with some mitigating measures to encourage infiltration —such as raingardens, permeable pavement,etc. Staff finds the proposed side setback variance is reasonable considering the orientation of the home, and the resulting 10 foot setback allowing for adequate open space between the garage and the home to the east. Engineer Comments The City engineer has conducted a cursory review of the applicant's plan; no issues were noted. A comprehensive review will be done at the time of the building permit. Public Comments As of the drafting of this memo, no comments from the public have been received. 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? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Planning Commission Options for Consideration The Planning Commission may consider the following alternative motions: 1. Approval of the hardcover, lake setback, and side setback variances as requested; or 2. Approval of the lake setback and side setback variances.Approval of hardcover variances resulting in a specified net reduction in hardcover and/or in conjunction with stormwater management BMPs implemented on site;or 3. Denial of the variances as requested. FILE#16-3839 13 July 2016 Page 6 of 6 Planning Staff Recommendation Planning Staff recommends option #2 above; the Planning Commission should make a determination as to the appropriateness of the amount of overall site hardcover reduction and BMPs. The applicant should be required to provide updated hardcover calculations reflecting the breakdown of 0-75' hardcover for the property prior to placement on the City Council's agenda for consideration. � PC Exhibit A City of �rono Variance Appiication Streer Address: qPp�icaUon� (� '� '� (� �Q�A rO 2750 Keqey Parkway �"'�� orono,AAN 55356 Date Recetved: —` �--,�2 YT Main: 852-249-4600 Staff � _ fax: 952-249-46 i B Fee . eo �o'r,l �+� /Z O l �' ,� Melling�4ddress: Escrow#8 a /� �` `� � P.O.Box BB � G~ Crystal Bay,MN 55323-0p66 Perm�t Fee r�k�SHo'�� Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomptete applications will nat be placed on Planning Commission Agendas. SITE LOCATION: ��.I.c, DESCRPTION OF REQUEST: i�ID�� OZ�,n ZZ Y`i a o d� (attached additi8nal sheets as necessary) APPLICANT/AGENT INFORMATION: Applicant Name: �pH U ��1-, - ��t,on �L[� '' Phone (Primary): qS�-- Sya�-?1 S� Applicant Email: JD�+y (`e�i s��,��l�_�v++n Address: 3 5+ �City' W�4z�.��- ZIP- S53Q j Applicant is: Contractor Homeowner (Clrcle One) - PROPERTY OWNER INFORMATION: �check here if property owner is same as applicant Name: O n N Phone(Primary): 6 z- $- � Mailing Address: �� dti w Ci ; Z�P: .S S Email: � S APPLICANTIAGENT AND/OR OWNEa; . Agree to provide sN IMormation requlred or requested by the Planning Departrnent, • Agree to pay additional fees (staf#time not covered in the original fee paymerrt) andtor consultarrt expenses incurred in review of this spplicatbn,and • Certify that the information supp6ed is true and comect to the best of hfs/her know[edge. The appllcpnt end owner rec:ognize that they aro solsly responstble for submftting a complets appllcatlon being aware that upcn fallunr to do so,the staff hes no alternative but to reject R unti!it Is complete or to recommend the r�queet Tor denlal oi tho request repardt�s of It�potential merFt. • Acknowledge the Escxow Agreement is compfeted and signed. • The Owner hereby acknowledges and agrees to this epplk�ation and further authorizes reasanable entry onto the property by City Staff,consuttants,agents,Cornmission and Councif Members for purposes of investigation and verifiq�on of this request. • Owner and/or AppllcaM acluiowledge they must be prosent et all achsduled revfew rr�eetlnq� of ths Planning Commisslon end Councll. If en applicant and/or owner is unable to attend a scheduled meeting, please mafce arrangements to have an authorize sentaBve attend in plaoe of the appl�CanVowner and advise the City Planner assigned to your projed, Applicant/Agent Signature: Date: S /7 �C ApplicanUf�qent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: v8�,a�r�no„_a�i�is MAY 1 8 Z�f�i p�� V �� C1�'Y 4F ORONO PC Exhibit B ' 865 Ferndale Rd W Variance Application Practical Difficulty Documentatian Form 1."The property owner proposes to use the property in a reasonable manner not permitted by the ZonEng Chapter' - The current property of 865 Ferndale west is zoned residential R-1 and is a single currently a single family residence, The intension of the groperty is to continue as a single family residence 2.The plight of the Landowner is due to the circumstances unique to HER praper#y not created by�e I.andowner" - The request of the variance is to add a 2 car garage on to the current structure, The existing garage was built in early 1900s. Households af that era were not created to be two car households. The garage was built originally to store a large one car vehicle that was suited for a 1920s pre-war vehicle,which is much larger then today's vehicles. 3. The variance, if granted�will not alter the essentlal character of the locality • The design and structure has been created to tie in with the existing character of the residence as well match existing materials with the addition what wffl blend with the current structure and maintain the character of the property 4. Economic Consideratlons alone do nat canstitute practical difficultfes if reasonable use for the property exist under the terms of the Zoning Chapter: - N/A 5. Prac#ical ditficuIties inciade,but are not limited to, inadequate access to direct sunlight for solar energy systems. Variance shall be granted for earth sheitered construction as defined in Minnesota 5tatutes,Section 116J.06 Subd.2,when in harmony with this Chapter." - The structure being built is a garage which in not a required earth sheltered constructi�n defined in Scetion 116j.06 Subd.2. However it is attached to the properties primary earth shelter 6.The Board of Appeals and Adjustments or the Council mat not permit as a varfance any use that is not allowed under this Chapter for property in the zone where the affected persan's land is located. - The primary use of the structure for this project is to store 2+vehicles in an non assuming structure for the property and doesn't disrupt the land adjoining the property. 7.The board or Council may permit as a varianc the temporary nse of a one-Family dwelling as a iwo-family dwelling. - N/A S. The special conditions applying to the structure or land in question are peculiar to such property or fmmediately adjaining property; - The original house was built in the early 1920s and the lot line esfiablished during that period are peculiar to the angle in which the house is placed off the side yard lot lines of the prc�perry. To add an addition to the structure with respect to the ariginal character and architecture of the current home it needs to be square from the current structure which impacts a lot line that is not parallel with the current structure. 9. The condition does not apply generally to other land or structure in the dfstrtct in which said land is located; - The current request does apply to the adjoining property to the North. The property at 876 Ferndale W has a garage addition that was added to the home that is less then 3 ft.of the our property line. 10. The granting of the applf catlon is necessary for the preservation and enjoyment of a substantial property right of the applicant; - The purpose and intent of the project is to safely allow 2 cars to be parked inside of a garage and out of public view on the property. The addition is intended to provide enough adequate storage far 2 vehicles as well other personal property items that are necessary stored in a garage. 11.The Granting of the proposed variance will not in any way impair hea�th,safety, comfort, marals, or fn any other respect be contrary to the intent of the Zoning Code • Correct, it will not impair health,safety, comfort, morals,or respect of the zoning code. 12. The grantfng of such variance will nat merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable dif�'iculty - The current home lacks adequate garage space to�e able to park two vehicles inside. Creating additional garage storage space will allow for less vehicles to be parked in front of the home as well create a mare safe entry and exit to the home for the current resident. / U BLACKTOP F E�N�A L E R / � .� ROADWAY oA� vvES�r � � _ , :c � � �� ° � n a ��.��; '`�� S_$5 59�A 195. ` �� —--—f 1 '` ��.,a zz•c�v�Rr ��- � PIPE q, a' �' � f '�'�� 37'ONE 1 ( �r �,L.. � � � ,�� f --r' -"`"_"------_.��.._.�_- � , � � �1 �`� � ,� � i i; (830.9) � ' / I I � � CONCRETE STONE / / I � UNDER FENGE w� � , ��'`(�) (F) // l ' � • I� \ �� '�o,, � � �'� � ti 1 � � '`�r.. ` � 1 � 4 �� o � � � �� N � � i �� ^ M � LEGAL DESCRIPTION OF PR � STONE V I `- � BORDER �.. S70N i ��34-` a �� : �- �H)� � � Lot 1U4,Auditar's Subdivision c�3 � � 3 -, / � � � � J ��\ �� w /�0 1 _'�. �0' FLAT- � � � w�� I 5.7 �� LAID fa L� iONES • � f O ; denotes iron marlcer t2.5 � 1 `�-- � f j EXISTING cw�a- 'i m ', ��13.6r denotes existing spot eleva ❑ PLE ——; a a ;_�_ ' � >� �} N ($> N a `"� � � �. s��c 1 • denotes existing contour lin �-� SHED � �� LUMP � o ' - -s�-= •,� �z 5 "� � , Bearings shown are based upc ONCRET 1932.6) —- •� � � I �y � --��-� r --`� `� � � . / `, W � � This survey shows the bounda f2ETAINING 5 _ F the location of an existing hou� � w,��(K) ��'�� a�o N/� thereon. It does not purport ta {sas.s� -t � C� c� �4p� ,,,�y P .;� r� `s� ` �� cNr�Q �" �SEC?;RNL� . � /O 1 ��g3er \ wnu (EE � / -��..�� / (!} - s � �.� � S � \\ � � �� RM�� ..� ,_ � o��.� _� �� N� �� " -�,�o �� ,� S � � �� \ � � �� LINE 4 ...�Q.�.. CONCRETE ruN+rx� �� `51 P�R- �1q,_ p / t R� WALL-70 EMOV[D � �B� Q ,VCf��. 5l �� 9Dp�T��Ep ��ca) \ � PATIO ��s � t��' p'+Tw /n�`?':'�\(Op� — ' � " �0 ` — � � (942.7� �q 6U 55g n��' /% � /-�- � �S G --� —~-_ ___ $ FLOOR � '�- � 3 LEVEL 3�3 �� \ =(944.6� GARAGF .. � � / --�._� �-� v" EXISTING H4USE ;�� "�"� _-_--- -- � (f0 E RE I►AOVED) � #HF)�J �A} \`-�� I��` -�.` \� PU�NTED rv �__� \ �OV R� �� FLQOR 3.7 ,� � � \ LEVEL �,y �n 3•s `a \� \ �" `1��1�P1 =(943.7) . �i '� & �3 133$-� _ ��----�` � �t�1� �`1'� � o e�� 44 //� s.�� 1 �Y) -----� \� � �-� a m' � \ '~� � ��g�_ � � � � �� .:�;,\ ?:� 'I�� O� � � �- � \ �� ` �= ,�9a : MORTAHFD ST�`ONE PATVO �`�---��L� \ N( '1 \ � ` ^_��`\ � ,x {&/ .6) 'k�l�'l �""�.� / � Q� � � `� \ � -=��-__, -_ ��d i �� - �_ � � � '^�� i_ �` � 1-� �� Tp � ` �Q '4@-5fEPPING � \ � � � � .� 3�'ONES 1 �. -=-——=_— �.�_` .e \ �'� -��_� � 1 � � � ��'=` ,y t ,fe` p \ � �� —�.�?►+� ,�� .�� RVEY , 1� � � �-�� \ L � � � \ \ � � ��\ �_ ��..\ \ � � �i:� �� \� ��- qv� �' �� '� F � � � � \ ` �\ � �'�G�8�„��n 9.4 CflNTOUR I.INE (OHW)••�� , -'� � \ \ �� \ � `- �� \ \ \ � \ `��y`�� \ \ \\- � _\ \\ ~��r� T/ � \ =\\� � \ \� \ `_��'1.��'� \ � \`` ,�\\ � �\ � ��"' � � ` \ � \ � \ \ LAKE � MINNETt�NK�A '`-- i ne�eby��v �iS`o pA� DESCRIP710N GRONBERG 8� ASSOCIATES, INC. wa$ p��,red ! � 6-20-16 CONSULTING ENGiNEERS, LAND SURVEYORS and that 1 am a 1 _.^�_ - ------ the laws af the • + SITE PLANNERS � � GERTIFICATE OF SURVEY FOR STEVE ERICKSGIN 929.4 CONTOUR LINE(OHW) OF LQT 104, AUD. SUB. NO. 184 ��--�� l` HENNEPIN COUNTY, MINNESOTA ��ER ��---,. �� ---.__—.--__._ -9aa--____�-----------�acsro --- �__� �----- � --_"__"'-----_~---- � --------------_.�_.._�� _1-- ,_� �_ ---��"°� FERIVDALE ROAp V�/Esfi � _, � �--� 5��5 � - � �,,,�. � ____ �es. ` �� __ f —�z �, �`� . rrc�y� —:S- �f i • ;' ( i } �� t i —l1—,.i`�---- �.w._�»_ f� � ; ' � � I —,_"--, r'' � � ' } ^"—�—~----- � x � / � ; �l f i \ nac ��oq / �? j / r �� °r°a'cn�T� wu / i ' / � �� II "aP-�(6) IFI / � � j � 1 i \ / � : ' ( � �I � � t l 1 � 1 � �� ; i 1 I� � � �\�_ g � ! ' ` � {r 1 s ' � i 4,— ; . "' � �� arow I f LEGAL DESCRIPTION OF PREM13E3: ��o\ 1 O� i� �`s ' �j/� 1 i �.oc�oa,a,aror:subdiv�s�on►+o.�aa — ` r � ? -g�g �'� N ai a� A.m ? �S � ! �wuim ; � f �,.� uo i 2S 1 1 �� 1 ` � j O: f�CflOtC.41f0f1 R18f�[Bf oosn �a. ��i r ! �� E�stiny apot slevation,mean soe level datum ' °�o i_�� ir`L 1� R s�p� f� � � ! �,,,r, � o ' _�yg�derotes exietinp contour lina,meen a4a level datum 1 J•.� „s r�' � i � I ' � BearYigs sho�un are based upon an assumed dawm. _a�.+�� — r�� I N 1 f�" ,. •~ � � � , � rnc■ � , � w / � This aurvey elwws Iha bourdaries and topogrsphy af thr above deeafbed propeAy. ._ W,,,,K `'�� p � � � the la�tion of an exletlnp house and shad,end tlie Ioca�ion nf a!I r�b1e'hardcovef � �� 9p., �i �, � �p � lhoreon.N dors nd purport Oo shaw ary ather improvements or rnanachmanis. I `�6'ED , f` p � fs �� \rwr� � �\�\ //O -_ �� \ � ..'�a rq+e � ,` -w� � � - �. ''r� � \� fiyj ��,.,f i� ;1, �� ,1�,S 1 � �� r�� .pR�we xas.. oo�� ro '� \ wxi-ro � � y'�-� r/ � �� +� � �„ M %�4r�, �° _ ` '�`w ` S �,Tn ,, ., � ,' � �8�s�C � �� a ry :` +_ --- , _ � S ""` VM�.N �J \� �\ � EXISTING HOUSE �' �' '—~�` .......` � �_ itlLK MTq yp��) \ PVNiW�) �.rl(A� \ �?� ^ — ./��'�\ `� MIFN�IcfL..••—•" �—�� \ - ��`1�Pocww � dv � � �io � '� \ — \ �\. .��y~�.�� qM].rl ha '�' '—` �r �� \ �� +t, .'t� Fq 4 �� (Y� � � � � �1''9y '�r w�v rnrn wy� /\ � ��—�� ~;�' �1�� rw.q+qrr�-�\ % ~�— � ��'-'-� � �` � ' ===-==�=�_ ��_ j--/o°'."��a" ` t� �_� � 1 , `�` ��y`= �°' �� \ � � � ��'` \ 1 1 1 � , .r o �- ` � + \ _Q\� r �:. �Y �� I� ( � 1�\ �� j�, `� �, '• � C� ` _ � � �. —� . �,� �r'''—� � ; � � � �Av�,, �� !. 929.4 CONTOUR LINE(OHW)'''- .. \l . \�\ \\\,�\�\ �\ �_t��'�s£�x�'�+�� C(�+��p�� ;�:--�:,c�`� �-_ �' ,�, -_ � -�_ � -_ �;, � .,� ,�— � ��__ , . � . =_� �.� � � _ LAKE '� � � _ MiNNETQNKA I hereby cati(y that t#ile plan,apeaficatior��a report �PJ'E �� a�na wTe �� GRONBERG 8 ASSOClATES,1NC, yf�p��,��by Rry d�r my dlrect supsnislon ti"=2o' f �'16 OONSULTIN(i ENGINEERS,LAND SURVEYOR3 �d that t am a duly Lloenaed Land Surveyor undat �,� Dw1WN SfTE PIANNEf2S tha�awa d�e SUte d Mimesota. �-l414 445 N.WILL04P!DR. 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" �v _: ., p_�. .�r e ..�...�- ♦, ,�....,i ti � �� . �� PC�xhibit gy� City of flrono JUiv � i �v,.. ��vo Hardcover Calculation Worksheetcinro� oRONo . �� Property Address: Fr, �� f_�_o� v cc.�F1't C J'TEvF Fi��k,�o,��} t f,«.� prepared by: Date: ,e r- c -�-�— ?3fM�y Stormwater Quality Overlay Dist�ict Tier: {Circle one} isr 1 Tier 2 Tier 3 71er 4 Tier 5 Step 1: CISTiNG H RDCOVE In the following ta Ie i ent�i'y a items of exisbrtg hardcover on the property,keyed by leiter to Cer#ficate of SUrvey{survey must accompany this form}. Use as many lines as necessary to accurately depict existing hardcaver status of the property. For Tier 1 properties,identiy any features by Ietter which are splrt at the 75' setback line and calct�afie hardcaver square f�oc�tage separately for each po�tior�. Surve� Hardcover Item (Describe) Length x Width Total {S uare Feet Exam I Gera 24'x 30' 720 S.F. A � B / S.F. S S.F. C i,tc�r r�r ,t'is['e,�re r 33 9S S.F, � �� 6 S.F. E F � 3 S.F. G S.F. S.F. H ° '' '� S.F. � w �- S.F. � S.F. K � Z S.F. L ca�vc- c� r S.F. M F S.F. N � p S.F. P S.F. Q r� S.F. R w�t��. t S.F. �` S.F. S � K a� 2 S.F. T T 't 1'T S.F. U T L 6 V 5 S.F. w S.F. � � S.F. X S.F. Y z S.F. S.F. 1 Total Existin Wardcover S.F. ExeludaE�te HaT�over See�'. Go.de S c,l$16$4:; S.F. S.F. S.F. S.F, S.F. 2 Totai Excludable Hardcover fi F 3 Net Facistin Hardcover Subtract line 2 from line � S.F. 4 Tatal Lot Area S.F. Exisdng Hardcover Perceatage [(3}+�4)j % (Proposed Hardcover next pags) �ar�u�ry 8,2013 P,c c F � , �ity of Oro no �2 �o�v�, Hardcover Calculation Worksheet a � Property Address: �65- �f��,��, ��a d �STE�ilE �'�f�°�FQ�,� =F � ''KF,no�` Prepared by: D.ate: 7-��Mt G�a�✓8 tQ G f�f1'1a c i�rTF f,. ��r„ `�'*`r=� � Storrnwater Quality Overlay Diskrict Tier: {Circle ane} er Tter 2 Tier 3 Tier 4 Tler 5 Step 1: ST1NG HARD O� In the following tab e i enti all items af existing hardcwer on the property,keyed by letter to Cert�cate of�ivey{survey rrwst accompany this form). Use as many lines as necessary to accurately depict existing hardcover status af the property_ For Tier 1 prope�ties,identify any features by Eetter which are s�lrt at the 75' setback line and calculate har�lcaver square foatage separatety for each portioh_ Keyt� Hardcover ftem {Describef Length x Width S�t are Feet Surve F�carr� fe 6� 4'x 30� 720 .F. A i�' .t�l. S.�. 8 �,Ci � T'! / S.F. C 7' f T �v S S.F. d S.F. � S.F. F S.F. G S.F. � S.F. � S.F. � ' S.F. K S.F. � S.F. M S.F. N S.F. 0 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. U S.F. W S.F. X S.F. �' S.F. Z S.F. 1 Total Existin Hardcover 7'8�. S.F. Exclud.ab[e Hardcover See C' Code SeG 78-1684: t S.F. t � •?S' es S.F. N► S.F. —7S'20 � S:F. 5.F. 2 Total Excludable Hardcover Z 5_F_ 3) �let Existin Hardcover Subtract Gne(2)from iine 'I 75F S.F. d Tatai Lot Area 2 i qp g.F. Existing Hardcover Percentage [(3)T(4) ] 3�. 73 °l� � (Proposed Hardcover next pag�j January 8,21J13 ��"� REC i�Y�� City a Orono JUN �o�o Hardcover Calcufation Worksheet �, Property Address: 8�.� �. -i d , , �, C{TY OF ORONO �'i,\ _ .i`.��F�•�L.•� +� v J4;:• �4�r l �ti?A✓� �"��i �i._r1�°+t�,l ��.,�.°�`'` p�eparsd by: �Rv.+i�f.LG �.4,: � r r. q Date: , . .S�� d �'..�x. t't_:t t�LO-�6� w�'a C�'A�'.-, Stormwaber Quality Overlay Distric#Tier. (Cirde one) �er 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: ROPOS HADE RDCOVER in the fol{awing table, idenMy all items of proposed hardoaver on the property, keyed by letter to Certificate af Survoey(survey must accompany this farm). Indude all existirzg hardc�over items that are intended to remain, as well as al( proposed hardcover items that will be added. Use as mar�y tines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 propecties, identify any features by letter which are split at the 75' setbadc line and calculate hardcover square foatage se rate� for each Key to Hardcover Ebern(Descrfbe) L.00gth x Widfh Tota! �^�e S uare Feet �m � 24'x 20 S.F. A � - ,, • , ,-� S.F_ $ ir C - �--� .S S.F. •-� + .,Q�r... S.F. D /� � S.F. E �= t• "r� S.F. F i� p S.F. G '' " ' '� S.F. H �� p., �- S.F. � �/ ' �.. S.F. J ,� S.F. K t� ! . fT'�r. . �,i. S.F. � �� 4 S.F. M �/ F S.F. � �r 1 S.F. � �� S.f. P �'� S.F. G� �� ✓P S.F. R ii S.F. S ►I S.F. T �/ , , O S.F. � �� t.l S.F. V '� R S.F. � �' S.F. X '� S.F. Y i� S.F. Z P� $ S.F. 1 Tota!Pro Hardc:over S.F. Exelud�ble Hardcover S�C Cafs$sc T8 i6 S.F. S.F. S.F. S.F. S.F. 2 Totai Exctudable Hardcover S.F. 3 Net R osed Hardoover Subtract�ine 2 from Une 1 S.F. 4 Total�ot Area S.F. Proposod Har�dco+►s�'Peet:errta�s [(S)+(4)] % �'Y B,2013 �°'��' Z . City of Orono � ��vp Hardcover Cafculation Worksheet ,, Prope�-ty Address: ��5 !=E.E'�.p�t L6 iCOd O �Ef fi Cf rEYF E��'k.,3'o.e/� s�'* =�a• Prepared by: �„ r Date: S-2 d-!6 ,GR oa...d�r�,� � A.F.t�C i�r"+�'L'�_,r��_ -"��--t€- I�fJ CK1,L�'�J Stormwater Quality Overlay District Tier: {Circle one) Tier Tiet 2 Tier 3 Tier 4 Tier 5 Sbep 2: ROPOSED HARDCOVE �.r.. ---_.._� In the following table, identify aEl items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accflmpany this form). Indude a{I existing hardcover items that are intended to rernain, as well as a11 propased hardcover items that will be added. Use as many lines as necessary to accuratefy depict proposed hardcover status of the pcoperty. For Tier 1 properties, identify any features oy letter which are split at the 75' setbadc line and ca{culate hardcover square footage se arate for each ortion. Key to Hardcover It�m{Descrlbe) LengtF�x Widtt� Total Surve 5 uare Feet Exam e (38r8 24'x 30' 0 S.F. A L S.F. g B si S.F. C ii � � S.F. D 0 D ` S.F. E f ir S.F. F r� S.F. G S.F. H S.F. � S.F. � S.F. K S.F. �, S.F. M S.F. N S.F. p S.F. p S.F. Q • S.F. R S.F. g 3.F. T S.F. � S.F. V S.F. yU � S.F. X S.F. y S.F. Z S.F. 1 Total Pr osed Har+do�vsr S.F. ExciWdmteHa�slcowr CI Gode$s¢7�-1B84 : TO GG.�' S.F. ' 3.F. S.F. ' S.F. S.F. 2 Total HxcEud�bte Hardwver 7 O S.F. 3 Net P osed Hardcover Subtrac.�t Nns 2 trom line 1 S 5 S.F. 4 Tote�tot Area S.F. ProPased Fiardcovsr Perc�nt� I�S)}I4)I �y (s 7 X n�b 1s mr bdbrm.eion packar�ey�t,aU,Q frardcovrr. Every el►ar haa aeen mede to in.uas a,e.ccu►.cy or a�e rr�rtnarron concatr►ed her�Mn;ho►aevsr,r7any(nfbrrnetlon ts not constttent wRh provfaloris of the CdY Cods,fhe Code provtslorta w�f peve0 Pags 9 d 8 �� , ,,,,. . . . " � .. � .�`� ►'•,�'� t �' �.'.'�M7�,_� =i1 �r ' � ` � �i.��, �„�.. 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P +��•. � 1..215@P 4.�11`�eIS t ; � Use3MTemplate � : Con�pstible wlth Avery�5160�Template ' Feed Paper 3100 A,3100-8,or 3100-C ' ' � � �� 38 01-1l7-23 33 0013 99 01-]17-23 33 0033 P�1'ER A&ANN J ROBSON WILLIAM&NADINE MCGUIRE 649 FERNDALE RD W 315 WOODHILL RD WAYZATA MN 55391 WAYZATA v!N 55391 38 02-117-23 44 0005 99 O1-117-23 33 0034 SHARON OLSON NFSSITT EDWARp N DAYTOIJ 865 FERNDALE Ri�W 686 FERWDALE RD W ORONO MN 55391 WAYZATA MI` 55391 38 Q2-]77-23 44 0006 99 Q1-117-23 33 0036 SHARON OLSON NESBITT EDWARD N DAYTON 865 FERNDALE RD W 686 FERADALE RD W ORONO MN 55391 WAYZATA MN 55391 38 02-1T9-23 44 0007 99 02-117-23 44 0023 KIRTLAND C WOODHOUSE WILLiAM dc NADINE MCGU}RE 885 FERNDALE RD W 315 WOODH[LL RD WAYZATA MN SS391 WAYZATA MN 55391 38 Q2-;17-23 44 OpQ8 99 02-117-23 44 0024 KiRTLAND C WOODHpUSE WILLIAM&NADINE MCGUIRE 885 FEANDALE RD W 315 WOOpHILL RD WAYZATA MN 55391 WAYZATA MN 55391 38 02•i17-23 44 0009 JOHN C&JQAN T HROOKS 905 FERNDALE ROAD W ORONO MN 55'a9i 38 02-I 17-23 44 0010 JOHN C 8t JOAT!T BROOKS 905 FERNUALE RD W WAY"1.ATA MN 55391 38 02-t17-23 44 0014 KIRTi.AND C WOODHOUSE 885 FERNDALE RD W WAYZATA MN 55391 38 02-1i7-234400lS CITY OF ORONO POBOX66 CRYSTAL BAY MN 55323 38 U2-1 17-23 44 0026 RECEtVED NA7URE CONSER VANCY 1101 RIVERPKWY W STE200 MINNEAPOLIS MN SS415 !'�I � � � � � �VIY � � �� 1TYOF ORONO �tiquettes laser ; � www.3M.�ompabeis ; ; � Competlbleeveclegabarit5160•deAvary� ; ; 1-800-395-1223 ; ; PC Fachibit J � � - Hennepin Gounty Proper�y h/lap Date:711 412 0 1 6 6�a r.F,G F.�o :E �4 �� E�5 38 38 �J2 E�86 E•� O(+4 ^,$ �� CCC t �'` . B9� fT(� � ��F �_ t , , ;;r . � s - 7 �� y., ,�.. � ' '' E,S. . � .c �,` . �f P� -r .Y.� ti ' .. •. � - .tr:.,:X '� :� t <. - � r * �.. f � .I•r . � .:�� d fi �F.. i +,.. . �� . .� � �1 i . ' . y J . � � l i:�` 1 M1:"� .� � - � '_ .l � ,l .' � ,`.. . .� � . . � r . � '. . 1 inch=20�feet AARCEL ID: Q21172344Q00$ Comments: OWNER NAME:Sharon Olson tVesb�t P�ARCELADDRESS:665 Ferndafe Rd W,Orono MN 55391 PARCELAREA:0.48 acres, 21,113 sq tt ArT B:Torrens SALE PRICE: SALE DATA:09/2012 SALE CODE Excluded From Ratio Studies m�s dat�(�N furnbhed ASIS�w�n�w npr�sa�hNon a to oompl�bnws or �acuney;(!�is turnishad with n o narmtya(anykind;qnd�7b notaul�bk br Ispal�e�Qir�rb�p or iurveyinp puposs�. Fbnn�pin Countystal not belhble lorany damap�.InJ�ey a Iws nx�inp hom Uds data. COP YRIG FiT O H ENN EPIN COUNTY 2016 i . �O" YO Date Application Received: 6/21/16 Date Application Considered as Complete:7/6/16 60-Day Review Period Expires: 9/4/16 �'F � L ��'rFS H 04'E� To: Chair Thiesse and Planning Commission Members lessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Date: July 13, 2016 Subject: #16-3845,Tim &Julie Druk(Applicants)o/b/o Jan & Leonard Kennen (Owners) - 1240 Arbor Street -Variances - Public Hearing Application Summary: The applicants are requesting variances for lot area and lot width as well as side yard, side street, and front yard setback variances in order to construct a new single family residence on this vacant property. Staff Recommendation: Staff recommends approval of the requested variances. If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval would be in order. Zoning District: RR-16, One Family Rural Residential, 2.00 acre/200' Lot Area/Width: 16,796 s.f. (0.39 acre), 100' wide at 30'front setback line list of Exhibits Exhibit A. Application Exhibit B. Existing& Proposed Survey/Site Plan Exhibit C. Proposed Building Plans Exhibit D. Practical Difficulties Documentation Form Exhibit E. Submitted Hardcover Calculations Exhibit F. Photos Exhibit G. Resolution No. 1797 (luly 1985) re Sewer Unit Exhibit H. Plat Map Exhibit I. Property Owners List Exhibit J. Neighbor�4cknowledgement Forms Background The applicants are purchasing this vacant lot and propose to construct a new single-family residence. The property is considered as a corner lot fronting on Arbor Street. Although the zoning is RR-1B requiring two acres and 200' of width, the lot is a combination of two originally platted 50' lots and is typical in area of many other lots in the Crystal Bay neighborhood. . The proposed 2-story home includes an attached garage and has an overall footprint of approximately 1850 s.f. including deck and porches. The house is proposed as a 'lookout' rather than a walkout due to the relative flatness of the lot, and as proposed will have a defined height of just over 26 feet, meeting the 30' limit. ' r. FILE#16-3845 , July 13,2016 Page 2 of 6 LOT ANALYSIS WORKSHEET(Variances noted in bold type) Lot Area Lot Width Setbacks (in feet)from: (acre5) (feet) Front Street North Side South Side Street Rear Required 2.00 200 50 30 50 50 Existing 0.39+ 100+ - - - - Proposed House 0.39+ 100+ 20.4 25+ 23+ 83.6' StructuralCoverage: Total Lot Area Total Structural Coverage 16,796 s.f.+ (0.39 acre) Allowed: 2,520 s.f. (15.0%) Existing: 0 s.f. ( 0.0%) Proposed: 1,850 s.f. (11.0%) Hardcover Calculatiorrs: Stormwater Total Area Overlay District in Tier Allowed Hardcover Existing Hardcover Proposed Hardcover Tier Tier 3 16,796 s.f. 5,879 s.f. (35 %) 0 s.f. (0.0%) 2,599 s.f. (15.5%) APPLICABLE REGULATIONS 78-420: RR-16 Lot Standards&Setback Regulations Sec. 78-1511. - Setbacks for parking. Required off-street parking in all districts shall meet the following setback requirements: (1) R districts. Within all R districts, all vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served. Garage stalls accessorv to residential structures may be located anvwhere on the lot other than a required vard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line. Sec. 18-136. -Residential driveways, approaches and turnaround. (a) One driveway approach shall be allowed from up to two single residential parcels of land to the same road, provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having frontage on more than one public road shall be allowed a driveway approach to one public road. (b) Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way line. (e) No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of a corner. � FILE#16-3845 July 13,2016 Page 3 of 6 Governing Regulations:Variance(Sec. 78-123). In reviewing 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. Economic considerations alone do not constitute practical difficulties. Practical difficulties also 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 Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single- family homes are an allowed use within the RR-16 zoning district, and the proposed �esidence is a single family home on a small lot in a neighborhood of similarly sized lots with similar setbacks. 2. The variance is consistent with the comprehensive plan. The proposed house is a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner is proposing to use the property in a reasonable manner but the specific lot area, lot width and setback requirements of the Zoning Code result in the need for variances in order to build on the lot. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the lot having been created prior to establishment of zoning codes, and the application of area, width and setback standards more suited to 2-acre lots than the small lots in the Crystal Bay neighborhood;the landowner did not create the small lot situation. and c. The variance will not alter the essential character of the locality. Constructing a single family residence as proposed is not anticipated to alter the character of the neighborhood, since many homes in the neighborhood exist on similarly sized lots with similar setbacks. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Practical difficulties also 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 Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. This is not applicable to this application. 5. Economic considerations alone do not constitute practical difficulties. Economic considerations are not a factor in the variance request. r FILE#16-3845 > July 13,2016 Page 4 of 6 6. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. This is not applicable to this application,as the residential use is a permitted use. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This is not applicable to this application. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The conditions applicable to this property are typical of the Crystal Bay neighborhood but are not typical of the overall RR-16 zoning district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions apply to many other 100' wide corner lots in the Crystal Bay neighborhood which as a result of the required setbacks would have only a 20' wide buildable envelope under RR-16 standards; but do not apply to a majority of lots within the RR-16 district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property is typical of single family lot in the Crystal Bay neighborhood. Further,the property was assessed for a sewer unit and provided with municipal sewer in 1985, hence the property was assumed to be buildable as a combination of two lots at that time, as evidenced by City Council Resolution No. 1797. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the variances would not impair health, safety, comfort or morals and would be in keeping with 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. The lot size as compared to the RR-16 zoning standards is a practical difficulty, as adherence to those standards would result in a very narrow buildable envelope and a home that would be out of character with the surrounding neighborhood. Granting of the area, width and setback variances will solve a practical difficulty that otherwise would make the lot virtually unusable for a single family home. The Planning Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Lot Area/Width Variances The property at 100' wide and less than %: acre in area is typical of lots in the Crystal Bay neighborhood, the majority of which was platted in 1909 and 1915. Over the past century, individual lots as well as double lots and a few triple or larger lots have been built on with single family homes. The RR-16 zoning of the Crystal Bay neighborhood is a reflection of the surrounding rural area, and has never been revised to reflect the actual neighborhood lot sizes created 100 years ago. Rezoning to more closely match the prevailing lot sizes has been discussed in the past but not acted upon. Note that Orono's %-acre zone standards would allow for a 0.5 acre lot and 100' width, with setbacks of 30' front and rear, 10' sides, and 15' side street. . FILE#16-3845 July 13,2016 Page 5 of 6 Front/Street/Side Street Setback Variances The front setback variance is for a setback of 20.4 feet for the porch, with the bulk of the house being 26 feet from the street lot line. This setback is generally in line with the existing house to the immediate north, and is typical of many other lots in the neighborhood, which have front setbacks ranging from 17-18 feet to as much as 40-50 feet. The need for the shortened setback may have to do with the topography of the lot and its relation to the 'lookout' configuration. In a %-acre zone the front setback would be 30' minimum; applicant should be asked to review whether the setback can be increased to 30' or if not, define the reasons why. With regard to the side setbacks of 25' and 23', these place the house generally centered on the lot, which will avoid visual crowding in the neighborhood. Note that under %2-acre standards these would be conforming setbacks. Driveway Standards Variances The proposed attached garage will be located 26 feet from the street lot line where a 50' front setback would normally be required for garage stalls (Code Section 78-1511 generally requires that garage stalls not be located within a required front yard, i.e. 50' in the RR-16 district). However, the garage doors will be approximately 45 feet from the paved roadway of Arbor Street, hence ample off-street parking would appear to be available. With regard to the driveway itself, the location in the north half of the lot yields a setback from the Arbor/Minnetonka intersection of approximately 60 feet, and while not meeting the 100' standard of Section 18-136(e), is acceptable given the low-volume, low speed traffic within this neighborhood. Additionally, the proposed driveway width at the property line is shown at 26 feet. This should be reduced to 20 feet in order to meet the requirements of Section 18-136(b). Analysis Construction of a new home on this lot has long been anticipated by staff and most likely by the neighborhood. Staff believes the character of the neighborhood will not change if the variances for lot width and lot area are granted and a home is built on the property. The side setback variances for the proposed house are typical of the neighborhood and while in a 2-acre lot setting would be extreme, at this location they would seem to be reasonable in order to avoid a very narrow house. Whether the front setback can be increased to 30 feet is a point for discussion with the applicant. This increase would be a benefit for additional off-street parking, given the fairly narrow street, and would help to keep an open space feel in the immediate neighborhood. Practical Difficulties Statement Applicant has filled in short answers to the Practical Difficulties Documentation Form attached as Exhibit D, and should be asked for additional testimony regarding the application. Neighbor Comments As of this writing the City has received no comments from neighboring property owners, but the abutting owners to the north and east, as well as the owner directly west across Arbor street, have all signed the neighbor acknowledgement forms (Exhibit J). FILE#16-3845 . July 13,2016 Page 6 of 6 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? 3. If the Planning Commission concludes that the variances as requested are justified, does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the requested variances. If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval would be in order. • `j p�� . 1.1L�/ OT V('Of10 Variance Appiication PC ExhibitA Street Add�ss: Application# � �jgL�. -�j �O/�jO 2750 Keiley Paricway j r Orono,MN 55356 Date Received: Main: 952-249-4600 Staff: fax: 952-249-4616 Fee: b0� � Mailing Address: �. �� P.O.Box 66 Escrow#&$ 1 G Crystal Bay,MN 55323-0066 Permit Fee qkFs H�4� Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: _ I � VI � -A��C)� �� DESCRPTION OF REQUEST: ��I�LC�LV�G�� — ��'�C�l l�/1G�'�1t �j e'I��-�$ fattached additional sheets as necessary) APPLICANT/AGENT INFORMATION: Applicant Name: "�'"� M �(� k Phone (Primary): _��^�^�_��—� t� Applicant Email: , Address: �-I 2 Z�SZ ► �S � + �� c�tv� t�. a�v� ziP� �� g Applicant is: Contractor Homeowner (Circle One) r PROPERTY OWNER INFORM TI N: ❑ check here if property owner is same as applicant Name: Phone(Primary): Mailing Address: �` Ci : Z�p; Email: APPLICANT/AGENT 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 consuftant expenses incurred in review of this application, and • Certify that the information supplied is true and co►rect to the best of his/her knowledge. The applicar�t 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 altemative 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 inves#igation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your projed. ApplicanUAgent Signature: Date: �� Wv� � � ��, � Applicant/Agent Signature: Date: Property Owner Signature: Date: �� Property Owner Signature: Date: Variance Application-May 2016 Page2 JUN 2 1 2Q1R '� � $ � � � CITY OF ORONO � CERTIFICATE OF SURVEY * BUILDER TO VERIFY HOUSE DIMENSIONS, SEWER DEPTH AND FOUNDATION DEPTH. NOTE�7 PC Exhibit6 * DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. FINAL DRIVEWAY DESIGN AND LOCATION TO BE DETERMINED BY CONTRACTOR. - Field survey was completed by E.G. Rud and Sons, Inc. on 06/13/16. �for� Tim Druk * FINISHED GRADE ADJACENT TO HOME SHALL BE 0.5 FEET BELOW TOP OF BLOCK EXCEPT AT DRIVEWAY AND PATIO. - Bearings shown are based on the Hennepin County Coordinate System NAD 83 (86 adj.). �of� 1240 Arbor St., Orono, MN , � � - - - - - - - - _ _ _ - Vertical Datum: NAVD88 � �-a/a„iP - - - - -� / - I \ Builder/contractor to verify Sanitary Sewer Depth prior to excavation. l � - - �' \ / - This survey was prepared without the benefit of title work. Additional easements, I restrictions and/or encumbrances may exist other than those shown hereon. Survey subject Ix�90 / to revision upon receipt of a current title commitment or an attorney's title opinion. `�^ ,.-,- ,. h.. � o � � � � , 1/2."IP-�� LEGEND � a�� _ ., � ., K954 99 x954.68 � ......................�•.�� a o w952.99� �,�`� �e°`� Im� xgss.9a / • DENOTES IRON MONUMENT FOUND AS LABELED � +NV�� +� "958.64 h�- - - - - - - - - - - - - - -/ X 952.36 I o, � =9ss.3s / DENOTES EXISTING SPOT ELEVATION I � � DENOTES HUB x958.90 x958,90 x959. 4 � x956.37 �Q° �, ca�a e FFE=959.31- 59'31 DENOTES POWER POLE x959.4�59..03 9 �� F E x956.92 x955.98 �<n,ti/ / I x9ss.ss ` � �"�`� / �r DENOTES TELEPHONE PEDESTAL • r zs.9 "-- EXISTING � `• I GARAGE/HOUSE x957,45 � � � �.-� " : � / . .... .. =958.95 �+ S$9°15�19��' 191.25 ��'eczs) x9ss.� � � � _ ' DENOTES EXISTING CONTOURS � I g5�$ � / (� / DENOTES PROPOSED CONTOURS � � � 19�:0 �Pllzt� � v� 953 ��r' �� DENOTES TREE LINE .. � �� Pover around O - x9so.s3„9ss.aa �:� '� ° t�ee ` C �,�. P / oHw DENOTES OVERHEAD WIRE . •. 959.75 : L \3�§��p . 7 SANITARx,MH I , ss� g`?x956� S .i Paver °f tree/ � ;�' . 3/a"�P- � � DENOTES BITUMINOUS SURFACE I VERIFY DEP7H., 958 a,9ss rn � / � - - � � PR�OR TO EXEAVATION�\ � •.,, � �9 . S`� 56.49 6.33 :. � / �� 959 i . oi � 4j� x955.83 `. x95.613 � � � I �. � .� : � __ � DENOTES GRAVEL SURFACE x96��+960.41 S ;� , �� _'.: � -� � � � . �� x95,�5.22 I � 9 ' __ ! � =9s4.44 DENOTES SILT FENCE os z6. _ 28.a LOT 7 � �i�54., 2__�_ 3.a� � �n , �.`I�l o W �I rn , � � S OO DENOTES SANITARY SEWER MANHOLE � x959.7 � � �DRWY in p o n� -� �� o � N. N ; =955J0 xgss.s� xgss.�3 �q ` � , � DENOTES EXISTING SANITARY SEWER 960.46 `� � 955.35'2.�� xg54.45� � � � � Z��' oundary Area=16,796 SQ.FT. a5 _ � 96zo6x�:�21 __ _ _ 'n _ _ _ _ ��-- � - 023 DENOTES PROPOSED ELEVATION. x�. O �.. � � '�/��P Y � �2� Pcoposed � '�" � X 1011.2 DENOTES EXISTING ELEVATION. "� a I House/Goroge � �o i x955.86 xg�55Z,r '955� ��'••. �\� ;''��`��... HAROCOI/ERAREAS.� � DENOTES DIRECTION OF DRAINAGE. I �47 .. � I� ; (1564 sq. ft) �� F,�' � �. �'?� I � ' ... v ,�.0 ��O o�� L�J �j 4 -GARDEN WITH sso:st �a ; �o.o�' � w000 PERiMEr�R (See Hardcover Calculation Worksheet) � DENOTES WOOD HUB/METAL SPIKE AT 11 FOOT � � • b �a i � � FT. CANT� __ _ OFFSET. (UNLESS OTHERWISE NOTED� I � � . I : Q O �. L B�o� 3 0.0 � �� -�� zs.3 ze.o *OFFSET DISTANCES FROM HUBS SHOWN DO NOT x962 61"961 JO � 9� x958'�94 � o i , x956.03 x955�5 83 .955J4 (�, � , �t'� e 0 q` �� q' 6 '� l� M A T C H W H A T I S W R I T T E N O N T H E S T A K E S I N T H E �' 8 '• ni I r7;�i 9 5.3x EXI S TI N G o 5� ---- �- � � ��`�,�' 1 ' � '�; �� p� _ GARAGE/HOUSE I N A o F I E L D. � � I 960.99� :' � v� 1b958.1�7 N' �.._�5�956.80 � /��2 N �J #962-:29 ' O � r3/4"f4� �� s� � \ �\\\ �� x955.56 gs� . -� '•. xg61 76 . ��1 �/ ` x9ss.8s �3�4��,P_ ) / 5� ___za_o___ a.o DIAGONAL. 32.00 X 74.00 = 80.62 ��. 960.�0 �_ : : 017'23".�' p �. - - , �. ,:: 589.. o � o{i� : �i.��. �¢4.9o,{M,(1�eCLS) ' y sss x9ss.9s `° H i� �i ,o.o, (BASED ON A 12 COURSE BASEMENT) 960.32 . •"'� 56.59 g56.z5 ' �sx ^ 60 ^ 4.' � �' PROPOSED ELEVATIONS: x 956.04 N OI 959.9p � 958:76 57.48 � i FI B �_J : .' M - '� .�' �� • ��Q � � ) _ ` ` iNiE � TOP OF BLOCK 961.9 ' �'�.x960.84 '••..k959.85 ��S8 34to nka �7.1'8'�.... .. . 8 956.35 955.70 955 49 °' --- �. .. .,. =956 6 x � 8 0 o GAWAGT FLOOR - 961.5 L 1 ^ 30. LO ES - 953.8 - - - .- - � ••._�...- - - - - - - - - - - - - a �s.o�� TOP OF FOOTING = 953.5 Lots 6&7, Block 1 , MAXWELL'S ADDITION TO CRYSTAL BAY, Hennepin County, Minnesota. o Denotes Iron Set Bearings ShOWn are On I hereby certify that this plan, survey or report was prepared by me or under my • Denotes Iron FOund an assumed datum. direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesoto. Dated this 11th day of JULY , 2016. �""' Professional Land Surveyors S c a I e 1 "= 3 0 ' D r a w n B y: S N N /// www.egrud.com 990 5th AvenM N 5�350 te 2 /vL Licen se N o. 45356 Hutchinson, �o b N o.: 1 6 4 8 6 H S P r o j e c t M a n a g e r: K D N Te l.(3 2 0)5 8 7-2 0 2 5 Fax(3 2 0)5 8 7-2 5 9 5 , a � o� �o z ��' i2 0 o q o 0 12 - iz � �O� 6� 12 �ROOFVENTSASRE��D 6� �6 z p� PC ExhibitC �6 " Z a c n _ 0 O O 12- ---- �m 0 _ -12 ,�`o - - �o ..� � n 12 __ J ��.bu _... " � � I''0" 8 �i_pu �'0 w w Q 5�� r� '8 I — ! ' I�'6° �� 6n ��w - BOARD 6 � 12 BATTEN �z o VENT-A-FLA �4 1 2 �N "o 6 HORIZ.SIDING 4� �'m � ---_ ... - w ---__- Z�a o �i_pn I�-0" - -- - ��-pn �.bu-. -�om 36"HI6H RAIL � _ � � �� - 36°HI6H RAIL a Z Q 3� ALL OPNGS. � ALL OPN65. LE55 THAN 4° _ _GAS FP. __ LE55 THAN 4° LL ¢m 3 _VENT._ 0 — -- � ,J�wt _ ___ - - Q am3a - __ _— - _ _ _ __. _ _—__.._. __ HORIZ.SIDING 12°GANT TYPILAL WINOOW TRIM - n �� n HORIZ.SIDIN6 � ' 4°SIDES 6°TOP 6 BOttOM ��_j �—� -� R I G HT E L E V AT I 0 N LEFT ELEVAT ION SLALE I/8°=I�-O" r� SLALE�I/8°=I�-O° REAR ELEVAT ION v SGALE�I/8"=��.�" z I. IGE 6 WATER SHIELD ALL VALLEYS z a IGE 6 WATER SNIEI.D 24�'UP ALL WALl,S l:� WNERE ROOF RUNS ALON6 WALI. �l�1 Uj FC�F� ��Q Pu �FC�� E� �,1� [�Y o�� " ALL SLREWS OR NAILS BEIN6 °b��1 DRI�lEO THROUGH STULGO OR z��._- 51DING MUST BE PRE-DRILLED AND SEALED W/SILIGONE TO Z�� PREVENT WATER LEAKAGE a p z v �NOQ � � ALL SUOGONTRAGTORS MUST SEAL ��a= � ALL PENETRATIONS TO EXTERIOR OF � O-� HOUSE WHEN ANY HOLES ARE GUT OR `� _�� ST�I FF ND T'�5 i PENETRATIONS ARE GOMPLETED �Q Q a ' FLASH ALl WINDOWS AND DOORS �� KIGKOUT Ft-ASNING TO BE INSTALLED `\ �� DQ�g w,O� - -JJJJJ BY ROOFERS ` J J J J-1.-I ^ J /" J �J-1-JJJ �/ ' sp� /��^� .JJ JJJJ ��JJJ NARDI PANEL 2. LAO�NT�Nn`OU RAMING TO EX ERIOR V 1 . IR��i G{ �l�� /� �V I�f a ON,S 12 n P.ND ON TOP OF ALL TOP PLATES JJJJ�-1 r JJ-1_J-1 8 TRIM � ac� J 10� TAPE ALL VAPOR BARRIERS. ` ` C� r�t70�)N1'�"- D��.~�� b� JJJJ�JJ � POAM ALL WIRES AND ITEMS THAT � PENETRATE VAPOR BARRI�R,FOAM . J�JJJJ I. �� . ��i �� TO ATTDG LL WINDOWS AND DOORS. 12/12 . �u�v�Y' ' �i I i �I �I 6° 4/12 ALL GANTILEVERS,GORNERS.6 RIMS � �I� �I I i TO BE GOVERED W/BLD6.PAPER I� PRIOR TO SIDING. � Z S Il`�� 3 ! � /)�� 10°d2"TRIM i� J ,�J � /V�� JJJ rc�s , , ,� � __ _ _ / • �-p�� I I-6 JJJ I JJJ (�� 'i `, J-J-J �j�.�j��n / - �II 5�`^`V�� r'i`i{ I I�lN� -- . ❑ � ❑ ii ��JJ �J-J 6° -1 J ." --- - ❑ ❑ BOARD 6 � � J�JJ � BATTEN �� G�� c�,c r� B€o N r��r- „ ,'' I I �� i��I � B 1RIM -1JJ J J J S1 �C� �C�� I , ,. ' �, JJ-I � � G c � II � Su�.V -�y JJJJJ "" / I Z 6 JJJJJJ n /� JJJ�-J_J (� �_, 6 B _1JJJJ ^ � FGIU XXXXX i u - .--...._ i n . I O -_�_ ___ ___ � —._____--__. _—___-- __ _ I-0 DATE: � � � 10°62°TRIM 6-21-16 — — — �� - REVISIONS: _ —__ Z.SIDING TRTD.6X6 WOOD �� — _ POST NRAPPED - TO 8"X8" _. - DRAWN BY: � FRONT ELEVAT ION , �o M NO. 1YPILAL WINDOW TRIM �KIGKOUT FLASHING TO BE INSTA�LED AS NEEDED 4 SIDES 6 TOP 6 BOTTOM EXTERIOR WALL FINISHER TO VERIFY KIGKOUT SLALE�I/4°=I�-0° B59 SQ.FT.F.F. Fl.A5HIN6 IS INSTALLED PRIOR TO FINI5HIN6 216284 600 SQ.FT.S.F. f�p,RpEN7ER TO FLASH ALL EXTERIOFi WINDOWS AND OOORS SHEET NO. 1,659 SQ.FT.TOTAL pER TO MN.&IBL LODE REQUIREMENTS 1240 ARBOR STREET I 693�.FT.L L FUT FIN. m 2,352 SQ.FT,TOTAL ORONO, MN. - 192 SQ.FT.OPT.BONUS ROOM - PIdN lPPB01�PoR P�7 1PPllCAflON POR dDDffiS S90�N OHLY NOTES� p " o� �s i.rana r[u.n rrtN�vertricu.oern�ar � �� ■orse nww w•Mvar ee[a�vPeo rini u+ ��"o �PRiOVED LAOOER. -�m wor N.L OPENMl66 TO Ef Lt55 TWl�'�N1 6UIfmltAlLS ?a r� Zg�� .�,�,.�.�«,�«,�,5�� ,o�.o�� ,o�_ou C7 m�x PC Exhibit C STAIR MORE 71VJ1 30'1BOVE ROOR. 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Ilii _ ___ _________ ____________111J `" 1�'�1 ____-_- llL_____________JllL--____ �Il•o e 9S I - o SIMPSON STHDI4 DROP PLATE � x n� � ==n=====_ ______�===={tll � ANLHOR STRAPS �� i `�i�' � - HEIGHT 13 5/8 2'2l(6 4E I W g Illi E N/G L 5. v �'�' i��n g o OP .IAWN2923 2-2X6 0�i-� ��_ ;Q I TEMP. �c�� I��I m o I PORGH �7w 1111 � �o � ? � �W IIII - DATE: I IIII H � 24X 2 LONT.DR.FIDR. 50FFIT(T7P.�_ I�� 6-2 I-I b ---- -- --- ----------- � ---- ---- ------ ----- --- ----------- --------- - � REVISIONS: 3�-0" 5'-7" 5'-5� 5�-4° 6�•gn 12�'On �I��Ox �4�_Qn �y�-�u q�_�n 26�.pn Zb��pu LANT 72�-0° �INTE6RITY WINDOWS DRAWN BY: 'BLDR.TO VERIFY AI.L WDW,DOOR 6 L.O.NDR.HTS. GD �8�-4 I/2°PLATE HT.VNLE55 NOTED OTFfRW15E 'ALL FLOORS TO BE L/480 COMM. NO. F IRST FLOOR PLAN A " a z'6284 1240 ARBOR STREET SHEET NO. 859 5Q.FT. SLALE�I/4"=I'•0" ORONO, MN. P1dN dPPROYBD PY1R PBBIQI'APPI1GflON P06 IDDBBSS SHOfN OlO.Y • � PC Exhibit D 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 di�culties. 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 �omething ouY it-will not b�-consi�er�d. - - - - - - P/ease address each of the twelve practical difficulties criteria as fhey relate to the request, if they do not apply, write N/A in fhe space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." �/�5 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." ��r� 5 3. "The variance, if granted, will not alter the es�ential character of the locality.° �� 4. "Economic considerations alone do not constitute practical di�culties if reasonable use for the property exists under the terms of the Zoning Chapter." � 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,Section 116J.06, Subd. 2,when in harmony with this Chapter." � 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located.° `� RECEIVED Variance Application—May 2016 �IUN 21 Z016 Page 4 �1TY 0�ORONO � ;�e'' � � � , 7. "The Board or Council may permit as a variance the tempora use of a one-family dwelling as a two-family dwelling." �i�� _� 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.� 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 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 Difficutties 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): �ECEiv�� Variance Application—May 2016 Page 5 JUN 21 ?p1� � � 8 � � ��T'if OF ORONO � - City of Orono �oNo Hardcover Calculation Worksheet PC Exhibit E ,� �1 Property Address ��r�� Kf3H�Q'� Prepared by: y -�. ,�°��1 ,�-�'e��-�� c��- S��1S ate: �� i �, 7�i �� Nti� t�c. �-z-�o s�-x'�. Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 �Tier 3 i Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 praperties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion, Key to Hardcover Item(Describe) L�ngth x Width Tatal Surve & uare Feet Exam le Ga�a 24'x 30' 720 S.F. A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. � S.F. � S.F. K S.F. � S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. � S.F. V S.F. �N S.F. X S.F. Y S.F. Z S.F. 1 Tota1 Existin Ha�dcover (.'a S.F. Excludable Hardcovet Ses Ci Code Sec 78-1684 : S.F. S.F. S.F. S.F. S.F. 2 Totai Excludabie Hardcover S.F. 3 Net Existin Hardcover Subtract line 2 from tine 1 t� S.F. 4 Total Lot Area ,� 6 S.F. Proposed Hardcover Percentage [(3)+(4)] � °/, (Proposed Hardcover next page) This Is an information packet regarding Harcicover. Every effort has been made to insure the accuracy of the lnformallon containedh8�n�� however,i/any information is not oonsistent with provislons of the City Code,the Code provisions wil/prevaif. Page 8 of 9 �tl I�? � � �0�!1 � " 8 � � .�ITI'OF ORONO City of Orono • , 4�No , Hardcover Calculation Worksheet � � Prope►ty Address: �2 t�� ,�bo� S,�-, 1 5� ``/: ��KFSHOa'E Prepared b V y� t�vs-�- �. ��50� � T Q�� Sen �S �„�Date: 23 Sc�.tv �� M N Li c. N D• y S�� Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier Tier 3 ier 4 Tier 5 Step 2: PROPOSED HARDCOVER !n the following table, identify ail items of proposed hardcover on the property, keyed by letter to Cert�cate of Survey (survey must accompany this form). Include a!I existing hardcover items that are intended to remain, as well as ali proposed hardcover items that will be added. Use as many lines as necessary to accuratefy depict proposed hardcover status of the property. For Tier 1 properties, identifjr any features by letter which are split at the 75' setback line and calculate hardcover square footage se aratel for each ion. Surve� Hardcover ttem (Describe) Length x Width Total S uare Feet Exam le Ga e 24'x 30' 720 S.F. A x"1- —i2 S.F. B � '7 O S.F. C ., �� p ` X 6 S.F. E lo x 10 D S.F. I'L x S.F. F �� Z.6 x S.F. G Z' �-�' Z— 3 O S.F. H 5, o.l 6-� � .� °! S.F. wo. an t o , x S.F. � S.F. K � S.F. M S.F. N S.F. � S.F. p S.F. � S.F. R S.F. S S.F. 7 S.F. � S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. S.F. 1 Total Pr osed Hardcover Z S`I . S.F. Excludable Nardcover See C' Cods Sec 78-1684: S.F. S.F. S.F. S.F. S.F. 2 Total Eududabte Hardcover S.F. 3 Net Pro osed Hardcover Subtract line 2 ftom tine 1 qa►, S.F. 4 Total Lot Area 6 o S.F. Proposed Hardcover Percentage [(3j+(4)I � r .(.�r°� J This is an iMonnation packet mgarding Hardcover. Every efforf has 6een mada to insure the accuracy of the information contained herein;however,if any infom►ation ts not consistent with prov/sions of the City Code,the Code provisions wil!prevaiL Page 9 of 8 ��• F�� <. R�� R!R � � � !� _ � � .. _. " v.' �_ • .:. v:.� - . _' r rt °'�`,� '�c. :,p.. '�'T,,, ..- . � c� ;,..r ..-.�, .� . 'A�.` � ' e �.. ..� '�� ''�! `� �� . . _ . _ s-- . . . - -��, ♦ - - r.' - - 1..�a�� 1�' TY,':� '�. �... ,i�4�. _ . .3b . t �1 , . �. . 1' -:!e� �` F �r�'�-� ea�:.1s+.t �►" F�._ .,;. '`t '..�. "'*�a �i,7L° . :F 7�.i',�j{. `� � . _. � . - - e J`. 4 LJ': �p,_.1 � ::� � �.� ��: :3. , PC Ex k� 't - _. F, �- '�� Yr= :� ,�' '�- hibit F ., • _ ,. .. - .. <,. �, �• �,...� �.. - ,� - -ti �y # � � . , , f- .�, � , __ ' ;. 4` e {_ �ti� :°.3M� a.� �� =� ; . . •(� +xi, ►-- c �� '�� .` - ��.`.+w.�.x.�z"R�- �a>�'�� .'y.:. .,1.`S�S"_, ',a " F. ',� . � . - ,F•,�- �s� . =a.{'_ �.,'��- ',�f;*'� ;d. ' •a .�►. - �r. G.' . -'3 ��-.�' .. �.'' 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" � ��'`-•I _., e 0 140 Feet ;----_. ��. �� y� � � L Diulaimer. ��kFS H aQ'� This dnwing is neither a legalry recorded map nor a survey and is not intended to be used as one.ihis drawing is a compilation of records,informetion,and data louted in various ciry,<ounty,and shte offices,and other zources affeaing the area shown,end is to be used for refrrence purposes onty.The Ciry of Orono is not responsible tor any ineccuracies herein contained. m Bolton&Menk,Inc-Web GIS 6/29/2016 10:35 AM � , ' �z�o ��. y � st-,� �t . � s �,j��iY r` ; 5 �jl�,� Q� o�o�O PC Exhibit G k-,. �_.' � . t :� � [� ` ��' ��. 4�� RESOWTION OF THE CITY COUNCIL �� ' F�ca F � {� �~�� " y NO. 17 9 7 �`� �: <�' � ,n� Yfi�n��'S�j a.t^ `t'.� ..y Ar... . '1$YY.. I.z�:,. x =.,� �,�.. � � 4 � � R.11.'�.�'' �,��-. / A RESOLUTION DETERMINING THAT ONE SANITARY SEWF�R SERVICE WII,L BE PROVIDED TO VACANT PROPERTY LpCATED ON ARBOR STREET KNOWN AS LOTS 6 AND 7, BLOCR 1, MAXWELL'S ADDITION TO CRYSTAL BAY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on-site sewage treatment problems in the Crystal Bay area, within which Lots 6 and 7, Block l, Maxwell' s Addition to Crystal Bay are located; and WHEREAS, the aforementioned Lots 6 amd 7 are two separate lots for tax purposes, legally described as : PZD #10-117-23 31 0067 (Lot 6 ) PID #10-117-23 31 0068 (Lot 7 ) WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties ; and WHEREAS, all adjacent lots are occupied; and WHEREAS, the total dry buildable land area of the parcels is approximately 0. 39 acres, as compared to the existing zoning regulation requiring 2.0 acres per buildable site; and WHEREAS, the general pattern of development in the surrounding neighborhoodisasinglefamily residence on a combination of two or more lots; and WHEREAS, said parcels are not buildable individually or in combination without one or more variances from the existing zoning code; and WHEREAS, construction of one single family residence on the combined parcels, if done according to all zoning performance standards, would not be contrary to the intent of the Community Management Plan; and Page 1 of 2 � . ..' ,{ ��r � - 7j�. � � � ' �� at� Of URONO 9�� S �'-C R ,x� .5 . C� '',b' �; ��°r �� ; ; RESOLUTION OF�THE CITY COUNCIL %, ��s"i� � �'�i �r�� Y ��^°y�} � N0. 1797 yn�., � j�� e. �.. r,�� r �a. � . _ ; �� .� WHEREAS, failure to provide sewer service would make the property unbuildable because of insuf f icient room to provide f or house, well, an�d primary and future septic system drainfield; and WHEREAS, sewer will be available in the street or right-of- way adjacent to the property upon completion of sewer project 85-1 . NQW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the vacant property on Arbor Street, comprised of Lots 6 and 7 , Block i ,,Maxwell' s Addition to Crystal Bay, shall be provided with one sewer service to preserve a substantial property right of the owner. FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID #10-117-23 31 0067 ; and FURTHER, BE IT RESOLVED, that PID #10-117-23 31 0068 is not considered as a buildable lot by and of itself under current zoning regulations, and shall not be served with sewer; and FURTHER, BE IT RESOLVED, -that if PID #10-117-23 31 0068 is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0068 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued . FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the af f ected parcels in order to serve as notice to potential future owners af the property regarding the City' s position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this 8th day oP July , 1985 . � ,.� ATT �T: �' (� C_ _� �� Y � L��E�-C, ��V'� .'�.;.'. ' �: . �� _ ,Dor thy M. allin, City Clerk Mary C. Bu ler, Mayor '1 D�..o ') r�f '� � _. Hennepin County Locate & Notify Map PCExhibitH Provided By: Resident and Real Estate Seroices Date: 7/5/2016 10-117-23-22 10-917-23-21 � 10-117-23-12 ,,•. ��' . 10-11�-23-23 10-117-23-24 „ ' 10-117- -'{ -J ,, e. n, � � 10-117-23-23 10 -23-2�4� � 10-117-23-1�� - 3z �. R Y k . t, .. 4K ��. :; . . j m ' . it1C 7•fi•�.G NVChUC . . .. a � '� � �. � w � „ 6 _ � � d n , ,,: .;:,„. 10-117-2- 31 � - 7-23- 1U-117-23-32 - r, x �, � .< R -: ` '��;�.iccs =.��r,�� - � �p b, ' :r .. :i, L - . ,� �� b' M, , .� - �� - 14 " � � • � " , , `'��,,,,. -)0-117-23-32 � � i0-1�17- 3- 1 � ` 10-117-23-42 10-'117-?3-33 10-117-Z -3 ., } 10-117-23-43 Buffer Size: 350 feet o �20 24o aso ft Map Comments: � � � � � � � � I 1240 Arbor Street Orono For more information contact: ��c ` Hennepin County GIS Office MN 55391 �. �_� - �_ 1011723310099 300 6th Street South Minneapolis, MN 55487 ��}L � � j;_�� gis.info@hennepin.us CITY OF ORONO � '� � � � � "T �esy Peel�Wbeis ; Use Avery�Template 5160� � a AYERY� 5960T" 38 10-117-23 ll 0002 38 10-117-23 31 0036 HENNEPIN COUNTY MARCUS J&,IUDY A BLUE REGIONAL RAILROAD AUTHORI"TY 2160 CRYSTAL AVE 701 4TH AVE S SUITE 400 � WAYZATA MN 5539 MINNEAPOLIS MN 55415 PC Exhibit I 38 10-117-23 24 0019 38 10-117-23 31 OU25 38 10-117-23 31 0037 DOUGLAS&NORMA SCHNOOR C17 Y l)F ORONO .IASON JIMOS 1220 LAKEVIEW AV PO BOX 6� 1290 BRIAR ST WAYZATA MN 55391 CRVS!'AL BAY MN 55323 WAYZATA MN 55391 38 10-1 17-23 24 0020 38 10-117-23 31 0026 38 10-117-23 31 0038 JENNIFER K JOHNSON NIELSEN CITY OF ORONO JOHN C RANGE ERIC E NIELSEN PO BOX 66 P O BOX 105 P O BOX 54 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 24 0021 38 10-117-23 31 0027 38 10-117-23 31 0039 LESLIE ANN HANSON CI'IY OF ORONO LAURIE A PEARSON-CASHIN 1205 LAKEVIEW AVE PO BOX 66 SEAN P CASHIN WAYZATA MN 55391 CRYSTAL BAY MN 55323 1250 BRIAR ST � WAYZATA MN 55391 38 10-117-23 24 0022 38 ]0-117-23 31 0028 38 10-117-23 31 0064 ZOE E VAUGHTER DEAN 7 LUNDBLAD CYNTHIA JORGENSON 1212 ARBOR ST SHERRI STRELOW-LUNDBLAD 1205 BROWN RD S WAYZATA MN 55391 1290 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0023 38 10-117-23 31 0029 38 10-117-23 31 0065 W A JOHNSON&A M FARNHAM TIMOTHY HANSON DAN KUTZLER 1225 LAKEVIEW AVE 1270 ARBOR ST 57037 HWY 57 WAYZATA MN 55391 WAYZATA MN 55391 DODGE CENTER MN 55927 38 10-117-23 24 0024 38 10-117-23 31 0032 38 10-117-23 31 0066 KEI7 H S NORD F P PETERSON MONICA T&MICHAEL E BROWN 1245 LAKEVIEW AVE P O BOX 164 1241 BROWN RD S WAYZATA MN 55391 CRYSTAL,BAY MN 55323 WAYZATA MN 55391 38 10-1 17-23 24 0031 38 10-]]7-23 31 0033 38 ]0-117-23 31 0069 STEPHEN C&RANDI J CARLSON STEVEN&SARAH RICHARDSON P C MARTIN&C M MARTIN I I 85 ARBOR ST 1271 ARBOR ST 1230 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 31 0022 38 10-117-23 31 0034 38 10-117-23 31 0070 CRAIG&JUDY CHRISTENSEN C J&J L ALBRECHT CHAUNCEY H SANDGREN 1251 BROWN ROAD S 1285 ARBOR ST 1215 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZA?A MN 55391 38 10-I17-23 31 0023 38 10-I17-23 31 0035 38 10-117-23 31 0071 CRAIG&JUDY CHRISTENSEN TWELVE OAKS PROPERTIES LLC JANICE&LEONARD KENNEN 1251 BROWN ROAD S CHRISTOPHER R PERRY 1223 ARBOR ST WAYZATA MN 55391 1125 HUNTER DR WAYZATA MN 55391 WAYZATA MN 55391 Etiquettes faciles�peler i � � i Repliez�la hachure afin de � www.ave com Utilisez le Qabarit AVERY�5160� i _�Sens de_� r�v�ler le rebord Poo-uorM ! ry' '1_ nn_r_n_nvrev �asy Peel�Labels i ♦ � Bend along line to i � � Use Avery�Template 5'IbO� � Feed paper �� expose Pop-up Edge*M j ❑ a�RY� 5960T' 38 10-117-23 31 0074 JULI L ANDERSON JAMES F HILLIER 7313 PENNY HILL RD EDEN PRAIRIE MN 55346 38 10-I U-23 31 0075 KEV1N NITZBERG LAURIE NITZBERG 1212 BRIAR ST WAYZATA MN 55391 38 10-1 17-23 31 0099 LEONARD S KENNEN JANICE M KENNEN 1223 ARBOR S7 WAYZATA MN 55391 38 10-I 17-23 31 0105 JOHN MICHAEL P1KE 9943 OXBOROUGH CIR BLOOMINGTON MN 55437 38 10-117-23 31 0106 REGWA ENGEBRITSON 1250 ARBOR ST WAYZATA MN 55391 38 10-1 17-23 42 0005 JOSEPH DUTCHER 1930 SHORELINE DR WAYZATA MN 55391 38 10-1 U-23 42 0006 L V DAYTON 1R&B J DAYTON 1980 HERITAGE DR WAYZATA MN SS39] 38 10-117-23 42 0007 ALAN NET'TLES&ANNE NETTLES 1940 SHORELINE DR WAYZATA MN 55391 RECEIVED 38 10-117-23 42 0016 CHRISTOPHER&KRISTA KLINGER ' �UL O � r�� 1920 SHORELINE DR WAYZATA MN 55391 �(�Y(Y OF OROtvO � � 38 � 5 Etiquettes faciles� peler i L � � � � Sens de Repliez a la hachure afin de� www.avery.tom Utilisez le gabarit AVERY 5160 , _�________ ,p.,a�o,io roti...a o.,.,....TM � _ ___ __ __ ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM PC Exhibit J I (we) �(-� � l.L ( � � � Ri I lV of 6 Z3� � R�� ,� � [print namets)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at I��n�(`Rn.f � � 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 ofi the improvement plans and that the proposed neighbor's project or use requires Council approvai. � �''�l�,,�^^�- U � ( �I 2U 1 � Property Oamer p� 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 8�Zoning Office at least 10 days prior to the scheduled meeting date. ��,t,��*��.*,�***.-,��,��,�,�*,�*�,�,�.�,�,��,�,��«*.�,��,�,.�„,�,K***,��„�,.�*,t,�,�,�,�.,�,��,.� ADJACENT PROPERTY OWNERS'ACKNOWLEDGEM�NT FORM I (we) ��C4 � �tc.hA�� o��of l 2L(� �r�e c✓�✓ r� .�� ✓�'J�i}-�R/ w1 � [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at la-t�b A�`�c7t' C� also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approvat or disappro I of the property or u e but merely to confirm fbr the City Council that I (we) am (are) aware of the - improv, ent ptans and that posed neighbor's project or use requires Council approval. �j 4y�.(`�✓ � / r� l,6 1��.�.z� C��? � /`� -Z / Pro rt Owner Date � �j y z�i� Property Owner p� 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. cE�vEa Variance AppJication—May 2016 �u� � � 701�' Page 13 C1TY O�ORONO �# 38 � � � ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM � /� v� (� 1- I (we) -�(��, c �`� of j �C. �� I'� r J�1� [print name(s)] [print address�� have, �g vi wed the pl�qs for the proposed improvement or proposed use of the property located at � "� �t� /�t� r�Q r _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. � � � �S C � � o�t' � � 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. *«*.***.,..*..**.*.*.,�**,..*.,*x,«*„*.******,.**�,.************�,.*,,.,.,,.*.*..�**,,,..,*..*,.,.***„*****.***.*,.**.«*.*«««.,,.*****.*,.*****«***�** ADJACENT 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. Variance Application—May 2016 Page 13 / �� Jeremy Barnhart �C '�►• �S—�� From: Alex Ware _ __ _ Sent: Friday, July 15, 2016 10:44 AM To: Jeremy Barnhart Subject: Re: 16-3847 To: Orono Council, Planning Commission and Jeremy Barnhart From: Alex and Amy Ware, 2587 Kelly Ave. Re:#16-3827 Rick Denman/Cudd/DDK;2525 Kelly and 2535-2545 Shadywood We appreciate the need for more housing in Orono and recognize the quality building reputation of Charles Cudd. However,this area of Kelly Ave has been the subject of much development attention in the past few yeazs,and ultimately,in our view,this area is largely unbuildable without significantly altering the character and quality of the neighborhood. The slope of the hillside is too steep to build upon without major changes that will result in diminished values for the surrounding neighbors. We have two areas of specific concern with the proposed project: 1)The deforestation and re-grading of the Kelly hillside leading to erosion,flooding,noise,loss of habitat and unsightly views of houses instead of woods. The site plan shows that 3 of the 7 homes are to be built on the Kelly parcel which currently has 1 home/acre zoning. In addition to the greater density,the hillside site has an elevation change of over 20 feet which will likely need to be regraded,thereby eliminating virtually all of the woods that are now present on the property. Also the establishment of drainage ponds will further the deforestation on the site,leading to greater annual flooding on Kelly due to the faulty drainage system in place. T'he potential for significant screening of the homes by maintaining the woods would be best,but its unclear given the hillside pitch,how such screening would be feasible. We fully realize that there is a need in Orono for the housing that they propose,but the Kelly pazcel is so steeply pitched that it is not well suited for development. 2)The implications of re-zoning the Kelly parcel,which may set the precedent that allows further development of the hillside. The project manager describes the rezoning request as unique to this pazcel,however will these zoning changes not create a domino effect? I will not be able to attend the meeting on Monday as I'm out of town,but spoke with Jeremy regarding our concerns. Please let me know if you have any questions on these concerns. Thank you all for your service to Orono and your consideration. Alex and Amy Ware 2587 Kelly Ave 612-875-9363 On Fri, Jul 15, 2016 at 9:48 AM, Jeremy Barnhart<jbarnhart(a�ci.orono.mn.us> wrote: ]eremy Barnhart,AICP Community Development Director Direct 952.249.4626 Planning &Zoning Office 952.249.4620 1 Jeremy Barnhart From: Karen O'Malley <karen.j.omalley Sent: Sunday, July 17, 2016 1:07 PM To: Bonnie Cc: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver(klandgraver@gmail.com); Bruce Lemke (bruce@plantscapeinc.com); olsoncll6@gmail.com; Loren Schoenzeit(lorens@ 3dlake.com); Jon Schwingler Qonschwing@aol.com); John Thiesse (jthiesse@srfconsulting.com); Christopher McGrann (c_mcgrann@hotmail.com); Jeremy Barnhart; Cathy Meagher; Jill and Bruce Bauer Subject: Re: #16-3847 --2525 Kelly, 2535-2545 Shadywood I concur with the Bauer's and Bonnie Lervik statements, as follows: I urge the Planning Commission to NOT recommend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Shadywood Road at the meeting on Monday, July 18. It should also be made clear that any future development proposals must comply with current zoning of the properties. I have lived in this older, established neighborhood, on Lydiard Circle, for 32 years. The proposed plan does not fit with our neighborhood and the surrounding area. This plan will negatively impact our wetland areas, wildlife areas and the natural beauty of our neighborhood. In addition, the proposal will add to traffic along County Road 19--already congested and dangerous. Any future development must comply with the existing zoning. The property owner, DDK, should not have purchased the property without awareness of the zoning and acceptable uses. Karen O'Malley On Fri, Jul 15, 2016 at 7:27 AM, <lervik wrote: I urge the Planning Commission to NOT recommend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Shadywood Road at the meeting on Monday, July 18. It should also be made clear that any future development proposals must comply with current zoning of the properties. I have lived in this older, established neighborhood, on Lydiard Circle, for 26 years. The proposed plan does not fit with our neighborhood and the surrounding area. This plan will negatively impact our wetland areas, wildlife areas and the natural beauty of our neighborhood. In addition the proposal will add to traffic along County Road 19--already congested and dangerous. Any future development must comply with the existing zoning, The property owner, DDK, should not have purchased the property without awareness of the zoning and acceptable uses. Thank you, i Bonnie Lervik 2605 Lydiard Circle z Jeremy Barnhart From: Cathy Meagher<CathyMeaghe� Sent: Monday, July 18, 2016 10:12 AM To: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver(klandgraver@gmail.com); Bruce Lemke (bruce@plantscapeinc.com); olsonc116@gmail.com; Loren Schoenzeit (lorens@3dlake.com); Jon Schwingler Qonschwing@aol.com); John Thiesse Qthiesse@srfconsulting.com); Christopher McGrann (c_mcgrann@hotmail.com); Jeremy Barnhart Cc: Jill Bauer;judy.fredrickson Jim Schmidt; Julie Wilson; Bonnie Lervick; Karen O'Malley Subject: 16-3847l2525 Kelly Avenue/2535 and 2545 Shadywood Road I had fully intended to attend the planning council meeting on July 18 and speak. A family scheduling conflict made that not possible. I intended to say this: My name is Cathy Meagher. I live at 2720 Kelly Avenue. I have lived here since 1966. I have sent emails to all of you and to all of the city council members so you are well aware of my opposition to this proposal. I just want to reiterate in person that I am very much against any combining and/or rezoning of the properties. 2525 Kelly Avenue is zoned single family residential. It is in the middle of a neighborhood that is also zoned single family residential. It should not be combined with the two Shadywood lots only to be re-zoned and divided into seven lots. Development of the Shadywood properties should not be tied into the Kelly Avenue property. 2525 Kelly Avenue is a separate entity. 2525 Kelly Avenue is not part of any area designated for higher density. I would hope the council would recognize this single family residential lot should stay zoned as single family residential in keeping with the surrounding neighborhood. I urge you not to allow this property to be re-zoned or to be combined with the other two properties. I hope that the fact I am not there to say this in person will not make my statement any less meaningful. Cathy Meagher 0 ��= Virus-free. www.avast.com i Jeremy Barnhart From: judy.fredricksor Sent: Monday, July 18, 2016 5:12 PM To: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver(klandgraver@gmail.com); Bruce Lemke (bruce@plantscapeinc.com); olsonc116@gmail.com; Loren Schoenzeit (lorens@3dlake.com); Jon Schwingler(jonschwing@aol.com); John Thiesse (jthiesse@srfconsulting.com); Christopher McGrann (c_mcgrann@hotmail.com); Jeremy Barnhart Cc: PremiumSigns Subject: RE: 16-3847/2525 Kelly Avenue/2535 and 2545 Shadywood Road Attachments: Legal Disclaimer.txt Importance: High Planning Commission: I intend to come to the meeting tonight but in case another meeting I have runs late, I wanted to provide you with the below feedback on the Shadywood Project being proposed. A My name is Judy Fredrickson. I live at 2507 Kelly Avenue. In general, I have a positive reaction to this development for 2 reasons: 1. Private Homes vs. Commercial -They are proposing single family homes vs. apartments or a commercial development. I believe that Shadywood is already very busy and has not worked well for commercial use (few businesses along 19/15 have survived over the years and much space is empty (former Snyder's Drug store for example). It is not a shopping destination due to the heavy traffic on both roads as it nears the intersection. I much prefer private homes for this location and they are in keeping with the surrounding neighborhood. 2. Quality of Builder/DevelOper-The builder/developer for this planned neighborhood is Charles Cudd and through the years, I have toured several of their luxury homes and they do a beautiful job. IF they plan to build these smaller homes with the same quality level, it would be a positive enhancement to the residential surrounding area. REZONING OF KELLY AVENUE LOT: I do have a concern with the rezoning the 2525 Kelly Avenue parcel as it is currently zoned single family residential and if I am correct, 2525 Kelly Avenue and is not part of any area designated for higher density. This parcel is in the middle of a neighborhood that is also zoned single family residential. As you well know, the Kelly Avenue neighborhood has had to attend countless Planning Commission and City Council meetings to protect the single family nature of the Delaney property adjacent to Kelly Avenue that was the site of many proposals over the last 18 months—most recently a 24 home project. On two different occasions during this same time period, the City Council has come down on the side of protecting Kelly Avenue and maintaining the single family, 1 acre per lot residential zoning for the Delaney property. I am concerned that if you approve the rezoning of 2525 Kelly Avenue that this will set a precedent for future requests by Mr. Delaney and he will want to try to fit multiple smaller homes on his property instead of the 1 acre, single family development that we fought so hard for. The site plan seems to show that only 3 of the 7 homes are to be built on the Kelly parcel which currently has 1 home/acre zoning. i . My question is—what is the size of the 2525 Kelly Avenue parcel? If it is 3 acres, then 3 homes is fine by me. If it is one acre for 3 homes,we are completely changing what the property adjacent to it and that parcel currently is zoned for and I would like to see what the builder's response would be if he was asked to rethink the development and maintain the Kelly Avenue plat as single family, one acre lots and put the smaller homes with .25 acre lots on the Shadywood side? They could cluster smaller homes around a couple of nice homes on the end of the development. DEFORESTATION AND RE-GRADING OF KELLY HILLSIDE: I am concerned and want to hear more about the environmental impact of this development due to the deforestation and re-grading of the Kelly hillside. Concerns need to be addressed as to the potential that this leads to erosion, flooding, loss of habitat and unsightly views of houses instead of woods. In addition to the greater density, the hillside site has an elevation change of over 20 feet which will likely need to be regraded, thereby eliminating virtually all of the woods that are now present on the property. With all of these trees removed, this can really change the character of this entire neighborhood. This quiet, tree lined street of homes could now be looking up at the backs of a lot of homes (just like people, not usually their most attractive side). • The Kelly parcel is steeply pitched so that it is not well suited for development of multiple homes. l would like to know how they intend on doing this project without clear cutting the entire property? Can they somehow avoid doing this? Thank you. Judy A Fredrickson 612.916.6084 2507 Kelly Avenue, Excelsior, MN 55331 z � �°�o Date Application Received: 6/23/16 Date Application Considered as Complete:6/23/16 a 60-Day Review Period Expires: 8/22/16 �'F L� `�'��'S HO4� To: ChairThiesse and Planning Commission Members Jessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Date: July 13, 2016 Subject: #16-3846, Gregg Katchmark, 140 Leaf Street—Variances- Public Hearing Application Summary: The applicant requests a creek setback variance and a hardcover variance in order to construct a larger covered porch over an existing elevated deck within 75- feet of the OHWL of the creek which is a Protected Tributary. Staff Recommendation: Staff recommends approval of the requested variances. If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval would be in order. Zoning District: RR-1B, One Family Rural Residential, 2.00 acre/200' Lot Area/Width: 26,867 s.f. (0.62 acre), 180' wide at 50'front setback line List of Exhibits Exhibit A. Application Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. Proposed Building Plans Exhibit D. Practical Difficulties Documentation Form Exhibit E. Submitted Hardcover Calculations Exhibit F. Photos Exhibit G. Plat Map Exhibit H. Property Owners List Exhibit I. Submitted Neighbor Acknowledgement/Approval Forms Background The applicant is proposing to reconfigure an existing deck into a covered deck with storage below, on the east side of the residence. The property abuts the creek that flows from Lake Classen to Stubbs Bay which is a protected tributary and subject to a 75' structure setback as well as the standard limitations on hardcover in the 0-75' zone. Portions of the existing house, deck and patio are within 75' of the creek shoreline, which normally exists at approximately the 960' contour, fluctuations being controlled by the dam further south just east of Leaf Street. The existing house is two levels with a flat roof, and the proposed deck area reconfiguration will retain that styling. The construction will be occurring almost entirely over existing patio, deck or driveway hardcover, and no hardcover increase is proposed. The additional superstructure of storage area enclosure and deck roof constitute new structure within 75' of the shoreline, requiring a variance for hardcover conversion and structure within 75' of the creek. FILE#16-3846 July 13,2016 Page 2 of 5 LOT ANALYSIS WORKSHEET(Variances noted in bold type) Lot Area Lot Width Setbacks(in feet)from: (acres) (feet) Front(Street) North Side South Side Rear(Creek) Required 2.00 200 50 30 30 75 Existing 0.62+ 180 36.7 30.2 94+ 55+ Proposed 0.62+ 180 36.7 30.2 91+ 55+ Structural Covera�e: Total Lot Area Total Structural Coverage 26,867 s.f.+ (0.62 acre) Allowed: 4,030 s.f. (15.0%) Existing: 1,355 s.f. ( 5.0%) Proposed: 1,483 s.f. ( 5.5%) Hardcover Calculations: Stormwater Total Area Allowed Existing&Proposed Existing Proposed Overlay Hardcover Hardcover: Hardcover: District Tier �n Tier Overall Hardcover Overall 0-75' Zone 0-75'Zone Tier 1 26,867 s.f. 6,717 s.f. (25 %) 4,212 s.f. (15.68%) 1,070 s.f. + 1,070 s.f. + APPLICABLE REGULATIONS 78-420: RR-1B Lot Standards&Setback Regulations 78-1279: Placement of Structures on Lots. For a tributary, structure setback for a sewered property is 75 feet. 78-1680: Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. 78-1700: Specific tier regulations. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. Governing Regulations:Variance(Sec. 78-123). In reviewing 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. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but . FILE#16-3846 July 13,2016 Page 3 of 5 are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff-suggested findings are shown in bold type): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single- family homes are an allowed use within the RR-16 zoning district, and the proposed deck and storage area are common elements of single family homes. 2. The variance is consistent with the comprehensive plan. The proposed construction is for a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls. The property owner is proposing to use the property in a reasonable manner but the specific setback requirements of the Zoning Code relative to hardcover and structure location result in the need for variances in order to construct the deck and storage area. b. There are circumstances unique to the property not created by the landowner. The plight of the property owner is due to the location of the existing house, deck and patio areas which based on available City records were created prior to the 1992 establishment of setback and hardcover standards relative to the tributary creek. The property owner did not create this situation. and c. The variance will not alter the essential character of the locality. Reconfiguration of the deck and storage area as proposed is not anticipated to alter the character of the neighborhood, as the proposed additions are in an area of the property that already is covered by structures, and the proposed additions are not anticipated to be visually intrusive. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Practical difficulties also 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 Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. This is not applicable to this application. 5. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. This is not applicable to this application,as the residential use is a permitted use. 6. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This is not applicable to this application. 7. Economic considerations alone do not constitute practical difficulties. Economic considerations are not a factor in this variance request. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The conditions applicable to this property are consistent with all properties that abut protected lakeshore and protected tributaries in Orono. However, the condition of having existing hardcover and structure within the 0-75' Shoreland setback zone is less common, and provides a basis for approval of the variances that would otherwise not exist. FILE#16-3846 , July 13,2016 Page 4 of 5 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions apply to many other corner 100' wide lots in the Crystal Bay neighborhood which as a result of the required setbacks would have only a 20' wide buildable envelope under RR-16 standards; but do not apply to a majority of lots within the RR-16 district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing hardcover and structure are considered to be nonconforming but became so when the Shoreland standards were adopted in 1992. The applicant has the right to retain and maintain the existing deck and patio. However, approval of variances will allow for additional storage below the deck without having increasing any impact on hardcover or runoff from the site. The proposed roof over the deck is anticipated to provide greater livability without any new impacts on hardcover or runoff,and minimal if any impacts on the visual character of the neighborhood. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the variances would not impair health, safety, comfort or morals and would be in keeping with 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. The location of the existing home and deck in relation to the creek is a practical difficulty, as adherence to the setback requirements for structure and hardcover would disallow the intended upgrades and merely allow replacement in kind of the existing deteriorating deck. The Planning Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Variance Analysis Staff has approached this application from the standpoint that construction of additions which would expand the footprint of this residence in the 0-75' setback, or which would increase hardcover within the 75' zone, would not be supportable. However, the applicants are proposing to essentially replace the existing deck in its existing footprint, add a roof over it, create enclosed storage under it, and not increase hardcover from the existing levels. Existing and proposed hardcover at just under 16% is well below the 25% threshold for the site, and no additional hardcover is being added in the 0-75' zone, so runofffrom the site is not expected to increase. The only new structure footprint proposed is the 4' extension of the deck southward and the stairway leading to the driveway. This constitutes 46 s.f. of added structural hardcover in the 0- 75' zone,while overall structural coverage on the lot will still be at only 5.5%, well below the 15% limit. The proposed roof over the reconfigured deck would appear to provide functionality while enhancing the architectural styling of the existing residence. Because the proposed deck roof is well below the 30' height limit, it is not expected to be visually intrusive from off-site. Staff believes the character of the neighborhood will not change if the variances are granted. Lots in the Swan Lake Addition (subdivided in 1959) which borders the creek, including homes on Leaf Street and Cygnet Place, are typically %-1 acre in size. This area was developed prior to the current 2-acre zoning. The dam that created a pond from what was initially a narrow creek, was , FILE#16-3846 July 13,2016 Page 5 of 5 constructed between 1956 and 1960 based on available airphotos. At the time the applicants' home was constructed, the City would have not had a 75' setback from the creek. Prior to 1992, the creek would have been considered as a wetland for setback purposes, with a structure setback requirement of 26' and no hardcover limitations. Practical Difficulties Statement Applicants have submitted the Practical Difficulties Documentation Form attached as Exhibit D, and should be asked for additional testimony regarding the application. Neighbor Comments The applicants have provided statements of support from neighboring property owners to the immediate north and directly across the creek (Exhibit 1). 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? 3. If the Planning Commission concludes that the variances as requested are justified, does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the requested variances. If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval would be in order. Ci ty of O ro n a PC Exhibit A Variance Appiicatian Street Address: Application# �L�(� �O/� rO 2750 Kelley Parkway � �� Orono,MN 55356 Date Received: 2.2% Staff: �(� Main: 952-249-4600 fax: 952-249-4616 Fee: �—^ ,�, Mailing Address: ESCrow#8�$ � �' � � P.O. Box 66 '�' G� Crystal Bay,MN 55323-0066 Permit Fee j�kF S H�4� Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: f �}� �Cl� S�. Or�o, MtJ J�S�SCP DESCRPTION OF REQUEST: Ne.w �CK � ��-� �� (attached additional sheets as necessary) APPLICANT/AGENT INFORMATION• Applicant Name: �q0� A ma.rK Phone (Primary): (p�Z . Z.ps• lgQp Applicant Email: �Kp�,(-c�m�rK �{h'Y�11 • Lo�'►'� Address: t�U L.E44� .S�- City: �p Z�p: 55.33�p Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: L�lcheck here if property owner is same as applicant Name: __`�?'I/1� Phone (Primary): Mailing Address: City: Z�p: Email: APPLICANT/AGENT 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 consuttant expenses incurred in review of this application,and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner andlor Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. 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I 33 I I ..J s'��'."t ....i is.:_. .._. .... . ." `_ I 33 I I I LfGA1 DESCRIPTIOh OF PI2EMISES : Troct C, Registered Land Survey No. 744, fiies of Registrar of Titles, County of Hennepin, Minnesota. RECE{�EQ e denotes iron marker found (soe.3): denotes existing spot elevation, mean sea level datum ---et7--: denotes existing contour line, mean sea level dotum JUN2 2 2Q�� Bearings shown are bosed upon an ossumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house, deck, driveway, retaining wafl, trees, spot O�OpO�� elevations, topography and a� visible "hordcover", and the proposed lowtion �j� �R of a proposed porch ond stoirs thereon. It does not purport to show ony other improvements or encroochments. °" GRONBERG AND ��<oY �<,ty�t u,s,�R„«�r�at; �ePa�t � uwim u�.m sa rii.�xxowxe ro�a�a sua wmn ovu oasrnc�wmco�cn as D� ed by me,or untle mY Cirect wpe�vision� �^�ZQ' ASSOCIATES, INC. v'°"'�`�,°�Y"`°""°`°"°5"'"°Y"'"''� the bra o!tne Stota of Mimesoto. p�� CQNSULTING ENGIAIEERS.LAND y_��6 SURVEYOR�ST&�SIpW P�LENNERS ��1�� LONG IAKE,MN.55356 16-041A 952-473-4717 Mark 5.GroMar Mimesota Llcmae r 72755 18-041A � � � � b . CERTIFICATE OF SURVEY F4R RECEIVED PC Exhibit B^� JUN 21 2016 I I , � �F TRACT C, R.L.S. N0. 744 c�-nroFOR�►�o I 33 33 ' I HENNEPIN COUI�TTY, MINNESOTA ( � � 9�9.9, I . .. � c9s,.s� . ' . .. . . . I � , "'` i-� _� (sss.�� ' % � 11 \ I (9�o.a} � �" • �s�s.s� , � � � � � .-... I � � I / � / � � 1 � �`• � --•-------•-----.__ o r ►► � \ , ._.�-�----- -. N �o 00 �oo � � � �o . �-- --------------------------------- � c9�9.9> � � � � � � Q � : I 979_2 CABLE POWER / \I'!j� / � � �•: � / , � / .l ( ) �X �� s�s.$) �� ;_ / / � I � \ I � � „ •,-- --� 33.�0 --. -�-.—s�'— 72.fi3��,ia�� w�� W�rwj .. '(s�o.a 11/�� •�., (974.3) i� (973.3)14" �-A�K�N6„g�,P� � � � �,r� J 12" MAPLE \ � ��\i'l/�� ;��l�j �� n , 10\MAPLE ��` 1 14 MAPLE . ( � S I � �� 22" SPRUCE �" 0� � � . , � 18" SCOTCH PINE . 4�� - - �6 1 , ` I / �.��`y� SPR`U\CE �j y; � �1 „/�� I l I/ . .: ;i \�N �� I � �`, �: I / /��l�l�� _ 12" BIRCH M;�/,J�I\�\ � ��I\ � �� \ `-•. . / I �� \� / 20" MAPLE ,;,`,' I •r�� 6�� %� _.. , � I �9 cp � ��8' OAK_ .i,.:�. I / I �,.��.k �� .:,. I 24" MAPLE : 973.3 966.7) � � 4� � I �I� s4. 972.s W000 �LLsn�+c / � CREEK • . I � � (sss. W F � O �s��.4> 8� � ,e��E 1 (SWAN LAKE) (.!� O � I /� � �966.3> � �//` ' ( (974.3) FLOOR � I I � � / I 974.3 CONCRETE � (sda.$) I I I�/ (973.5) ( ) � PATIO / �� `�_ � I � � � �ocR � EXISTING �G� / 16'x26\ MAPLE ,16��MP��G 1 � �/ �� HOUSE � �6.>> � ��II I� 2�� co -,-- .. . � ( s�� w000 � � I SHORELINE AS ,,,, _, , �.f I � / �T� WL 'I4O 1 I I OCATED ON '� ' / �H� �� FLOOR 1 / I I I 2-10-16 � W I � I ��, LEVEL= DECK � I 30., so� Mn� (ss�.�) !B (965.1) � � 1 � � � \ �- __.--, � W I I I•-•---•------•-��--------...�97,�� 24.0 ` � ry � I 36-7 / (ss�.i) � � P OPOSED � � � �r �� (,��a.a} / _ 2�' x 16' �S�G�.� � {975.9) (975.9) � �1��PAnO �ORCH �� I 46" WILLO� 1 / I / WALL PROPOSED� ts.o � (�J I � � � / E STAIRS (J) � I I �� / A"�x � ) , I � � a� I , � � �--�� N I � , ,T � ACT / W Y� � �s'�) (ss�.$) � I Q Q � �,� (s�o.s> �� / ( � J� I / (965.2) / � ( / /��. � � m� � �� zr� wwTE onK / I � � 1 ,o��.� � c968.,� � � �� 1 c96o. � W o c9��.e, � � �� c966.9, �� \ I I � o `P (g69.1) � � i I I BLACKTOP � 75, `� � � p � � I DRIVEWAY � L NEBACK� � I ` o � � � �� I\ o I � � I � � � I I o I � �q� / I 1 \ __-- (9712) Y_ .0) {986.5) � �.��. �, �, '—�-- (� / 12 MAPLE � \ � � 1 74.3) l I . S' ,�/i. .� �� ,� � 2�\�� . PC Exhibit C -- �_�_.� .�.� _ s '"�.�.,..��;=��._..�'�� .��,��; �� 't" 2 �� 3, , ��`� � � �- 0 ,; � 4 J � 3 3 �.� +a, r. z � �...r..�.�,.��. _ ,_ _� ...�.�_.._�.__Y ��:. _._ ��: __ . �. � �; � �r � �� o �.� � � ..,�� -- �" — `�. � � `�� x .�,�. ., `J c� � v 3 � - - .� � � U i�9 �� z � I��CEf�ELL� .�U#� 2 2 ?G5� � � � � � ��o��o € � � \ � ^�^ �1 , � V, "� � 3 � z � �.. E � _ . o�.. 0 , Z � � � 0 � � � � > F�ECEIVED ��1�! �2 7_q16 # 3 � � � ��-�o�oRo�a 1 1 j �J g � � � 0 � � � � � � � � � � V r� � � 7 F�ECEIVED ��s� 2 � zo�s � � � � � �8�'OF OF20fV0 � iJ � � � � W � O � cv �' � 3 � ; Z � ; O � � x 3 �l1 � ' � > � i , � � ' � � RE�E��ED �UN 2 2 '1016 � � V "T � �!�OF ORON� i I1 �' 6 � � r � 3 � � � � u � o � � � � � � � � I ��E� �.1�.1� � � 2�� 3 � � b �� New front view �West) Slight off-set to improve curb appeal) New structure is on current cem�nt pad. �� , � � , � � � � ,- . _ ,. , . . _. , _ . ,. �_ . . ; ,�, a r Y2,r,..,,, r,�.�4 9�.,,.41 5 . . t�:� � , ,, � ' . _... . . ... . » , � ...., ,. _. ., . a'. . �,,:.... ____.. �, � �,* � . ` � .. . ' . . ..� VM =y". �.: . .. . . " . � . ,. ^ � � � .{ :�C:. .� . . ., ,, . . . .. V ... �. .. ' � � I h..r � r ..:T='�' + °F a i� �� i �G��l�j��i �� i��= n � � � — �yOc�l`NG ��5� o � � � o � o � � � �;, � 0 The ou#er black line will be the ne�nr roaf N Current deck is inner black line W E J i 5 ; i � � ; i ; � i 1 ;f ,� �� , � New porch is shown by red fill. The stairs on the south side wiH be removed and�he s�airs on t1�e�est sic�e w`►y1 be adc�ed. �� JUN � 2 7(11� ��F aRo�Q � 3 � �4 6 PC Exhibit D PRACTICAL DIFFICULTIES DOCUMENTATION FQRM 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 consider�d. Please address each of the twelve practica! difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use.the property in a reasonable manner not perrnitted by the Zoning Chapter." �,..:� hrLve c� �s' S-�+��u� �rc,�,., �r�.,�ev c1�ci a sr,nc�.►� �r • Tl�P (:,,rp c_. t,4�IS c r, �u,.,.�-1v1a f�o��n o. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." LG,�,-e Se-�- b�ct�s c� S��ra.l I �'� 3. "The variance, if granted, will not alter the essential character of the locality." �''f �.�r 1� l�oclv.rm�2 ..s�Y, i•�S [$�-u� ��P�l�r'► � n/1.�C �-l�Cr ��l✓b � ��,��.1 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." ` uv-, � �.S �f 0. 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, Section 116J.06, Subd. 2, w en in harmony with this Chapter." n� 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in he zone where the affec d per on's land is located." v�e a.ar� �c,� c��►n-� �� nc�,r �j<.:,vz� c rsve✓ c�- �.I� RECElVEC� Variance Application-May 2016 JUN 2 2 ?�11� Page 4 � � � � � C�TY OF OROI�C? 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.° � `� I 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."� �� iS �''P b 1 4 �� :,. 1f�a vL� � 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." � —��..�1L 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." �e C�ttG�- lS Cr�C�.c�� C�.�� C'cm►ns C�ct.n��rd��.S' 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."N f� � 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." `1"�'1e1�' IS C�D�'r Gt � � G t.ki c Cc.v� rr _ 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): 1,.�� r�� c�.c,.-r�► r�. rSic�s;.� :u c9.e ct�'.y c.h.r� mG..�.a w� @-:f✓ �n�cvwo wnn8��- `V�SU o..1�► G,-i�P-ect��•�,c,� � a� t�QA�1r�6� . l��z �S� �o,..,�z Y�,..� l_� -t�tL. S ��xc. �Sf��--G2 G.� --��S 6 b�.vl� �•J�1t D-�-��{P�n�}- 4�.2cQ -�'-tI� o.c{G�I�--i�; GL �Q.w s��-�rc��uve- RECElVED �Ut� 2 2 2016 Variance Application—May 2016 Page 5 � � � � � C1TY OF ORON4 - RECEfV�D city of orono JUN 21 2016 - �oNo , Hardcover Caiculation Worksh�� c pC Exhibit E , I ,� ! Pro ert Address: , L t'.�, "' f p Y ,��✓'�- = .5'r . t� k`.Q ''�N J°��(rt 1< ) �`°��`�\ Prepared by: �r Date: _�. __ �R�i,�.1�3�:�.� i A J"."� t, :f""'� ;f ,"t.i�:. . �--� 6- 20-i6 Stormwater Quality Overlay District Tier: {Circle one) `T�ier 1'/ Tier 2 Tier 3 Tier 4 lier 5 Step 1: XISTING HARDCOVE In the following table identify all items of existing hardcaver on the property,keyed by letter to Certificate of SUivey{survey must accompany this form). Use as many lines as necessaiy to accuratsly depict existing hardcover status of the propeity. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to ; Hardcover Item (Describe} Length x Width Total Surve � S uare F�et} Exam le Gara e 24'x;30' :72'OS.F. A , .� w�>_�.�'.:- O 5/ S.F. B EC'_ r,r 4 S.F. C °` y` 228 S.F. D �-.�r :� / S.F. E � � -- S.F. F � .e�TA ✓.+i� 8 2 S.F. G y d S.F. H 3 S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. � S.F� R � S.F. S S.F. T ' S.F. U S.F, V S.F. W S.F. X S.F. Y �.F. Z S.F. 1 Total Existin Hardcover 2 6 7 S.F. Excludable Hardcover.:See Cit Coc�e:`;Se�.78:1,68�';. F 6 f .lt�. -75�� en� _ _� S.F. N /i i♦ I/ �i ii /_� S.F_ I — r ---��--S.F.1 __ 5.F J 2} Total Excludable Hardcover SS S.F. (3j I�Jet Existin Hardcover Subtract line 2 fi�om line 1 S�2.J2 S.F. 4 Total Lot Area �1��a � �'��'E� ��':c.t.�� ' �=�� r;r.'t ,�t�',� r .F� +l',�ev� — 26 6''� `'�., Existing Hardcover Percentage [(3)T(4) ] ��r 68 a% (Proposed Harelcover next page) lanuary�ZUi3 � � A � � V f�ECEIVED City of Orono - �oNQ Hardcover Caiculation Worksheet JUN 21 2016 ; Property Address: F �z �p �E,�F .1'T. �K.� rc�r,k,�.c f�� CITY OF ORONO '�1f5HOQ'�' Prepared by: Date: �'�e�,v��c� � rr��:��€r�r, f�c. 6-20-.�6 Stormwater Quality Overlay District Tier: (Circle one) ier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2. ROPOSED HARDCOVE� In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certifica�e 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 oy letter which are split at the 75' setback line and calculate hardcover square footage se aratel for each ortion. Key to Hardcover Item (Describe) Length x Width Total Surve Square Feet Exam le Gara e 24'x 30' 720 S.F. '°` I T / S.F. B /< � S.F. C 1% �� t S.F. � ., S.F. E �� S.F. F R 7 ri S.F. � ++ v c� �vE Ia� S.F. H A� S.F. � S.F. � P S.F. K S.F. � S.F. M S.F. N S.F. � S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. v S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Pro osed Hardcover S.F. Excludable Hardcover See Ci Code Sec 78-1684 : .0'6' I= O- ' S.F. * s , i� ! S.F. S.F. ' S.F. S.F. 2 Total Excludable Hardcover S.F. 3 Net Pro osed Hardcover Subtract line 2 from line 1 2 S.F. 4 Total Lot Area EX L. GEL i' — S.F. Proposed Hardcover Percentage [(3)+(4)] /f.68°� This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;however,if any in(ormation is not consistent with provisions of the City Code,the Code provisions will prevail. Page 9 of 9 � � 8 � b CONRIECTEXPI(�RER' !�'�`;' ��' �' �� q . � `� �R �+ ��.:• �� y:-�., �'��.- %,` ;� �� ' i+ 9�a.P�°."�.�� ' ..�,..� �'�'e7Al�' �..`� 4w ,�,�S�y'. y � � A '��¢'� . �'��u ��;w 1_ . 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' 4 � 04-117-23-23 � m � d5-117-23-14 � � Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I � � � I � � � I 140 Leaf Street Orono For more information contact: MN 55356 Hennepin County GIS Office 04-117-23-22-0006 ��E�� 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us J�� ' : C�noFo�� # 3 � � 6 � - - - -- - ap suas �r...,.��,...�... _:--.-- -�---:� -, wo�tiane•Nw►nn ;ap ui}e a.iny�e4 el�za�ldab � i aal��il��3lant 38 04-]17-23 22 0004 38 OS-117-23 11 0009 JEROME J HALL MATTHEW/MICHELLE IvIESENBURG 80 LEAF ST 3210 GRAHAM HILL RD PC Exhibit H LONG LAKE MN 55356 ORONO MN 55356 38 04-]]7-23 22 0005 38 OS-I17-23 11 0014 MARK S GRONBERG JASON P KAPSNER KATHERINEJGRONBERG 75LEAFST I 10 LEAF ST ORONO MN 55356 LONG LAKE MN 55356 38 04-117-23 22 0006 38 OS-117-23]1 0015 GREGG KATCHMARK GRAHAM HILL PRES HMWNRS ASSN 140 LEAF ST GEORGE W STICKNEY LONG LAKE MN 55356 1 15 LEAF ST LONG LAKE MN 55356 38 04-I17-23 22 0008 38 OS-117-23 1]0017 KEVIN&MICHELE KROLCZYK GRAHAM HILL PRES HMWNRS ASSN 65 CYGNET PL GEORGE W STICKNEY LONG LAKE MN 55356 ll5 LEAF ST LONG LAKE MN 55356 38 04-117-23 22 0009 38 OS-117-23 14 0065 GREGORY J EHALT MATTHEW K KISSNER ]OS CYGNET PLACE 3205 GRAHAM HILL RD LONG LAKE MN SS356 ORONO MN 55356 38 04-117-23 22 0010 GREGORYJEHALT 105 CYGNET PLACE LONG LAKE MN 55356 38 04-117-23 22 001] H R ANDERSSON&E E MORIARTY 135 CYGNET PL LONG LAICE MN 55356 38 04-117-23 22 0012 LOUIS G&NYLA]BADER 145 CYGNET PL LONG LAKE MN 553$6 38 04-117-23 22 0025 GREGORY D&WENDY JO MILLER • 180 LEAF ST LONG LAKE MN 55356 RECE1uED 38 04-117-23 22 0026 LOUIS R&COLLEN C BELLAMY 200 LEAF ST �!'►�t � � �(��G LONG LAKE MN 55356 � � � � � VIM �1 fl CIN OF ORONO T wi0965 a T wla6P3 d�-dod asodxa � �aded paa� � �pg�5 a�e�dwal�l�and a i Oh�3/�►� a i o�aui�6uo�e pua8 � �' ; slaqe� �aad�(s � PC Exhibit I Dear City of Orono Planning and Zoning Department We purchased the property located at 140 Leaf Street in February 2016 and we are now looking to make some minor improvements. Our project is to fix our deck and the goal is two fold. The first goal is to make our deck safe as the current structure is rotting. The second is to make our home more visually appealing by adding another dimension. To accomplish these goals we would �ake to p�s� o��-�eck o�t #a�r�ee� into o�r c�riveway a�d add a roof. This sr�alJ change will give our home a much better curb appeal from Leaf Street without affecting our hard cover ratio. We have shared our plans with the neighbors below and they have signed to show that they are in full support of our clesign. Thank you, Gregg .r ) Greg Ehalt 105 Cygnet Place {3t-o�o, {�� 5535f� REC�I�tEQ # 3 8 � � �� 2 � x�,� �� Dear City of Orono Planning and Zoning Department We purchased the property located at 140 Leaf Street in February 2016 and we are now looking to make some minor improvements. Our project is to fix our deck and the goal is two fold. The first goal is to make our deck safe as the current structure is rotting. The second is to make our home more visually appealing by adding another dimension. To accomplish these goals we would aike to p�sl� o�r t�e�k a�t �o�r#ee#anta o�r dravev�a�ar�d add a fioof. �l�as smaJa change will give our home a much better curb appeal from Leaf Street without affecting our hard cover ratio. We have shared our plans with the neighbors below and they have signed to show that they are in full support o� our clesign. Thank you, Gregg Mark Gronberg 110 Leaf Street O�-on�, i�9{� 5535�6 RECEIVE[� JUN � � �� V '? � CITY OF oRONo Dear City of Orono Planning and Zoning Department We purchased the property located at 140 Leaf Street in February 2016 and we are now looking to make some minor improvements. Our project is to fix our deck and the goal is two fold. The first goal is to make our deck safe as the current structure is rotting. The second is to make our home more visually appealing by adding another dimension. To accomplish these goals we would aa�Ce to p�sh o�r dec.k out #o�r�e�� i-r�to a�r draveway ar�d add a roof. T�as s�aJl change will give our home a much better curb appeal from Leaf Street without affecting our hard cover ratio. We have shared our plans with the neighbors below and they have signed to show that they are in full support of our clesign. Thank you, Gregg Greg Miller ' I k0 l�i-� S�' �3�-o�n, i�{�i 5535f� � � RECEIVED JU� � 2 20�6 � � � � � CITY OF ORONO i � � ' Date Application Received: 6/22/16 �0�� Date Application Considered as Complete: Incomplete � , CMP Amdmt 60-Day Review Period Eapires: 120-Day Subdivision Review Period Expires: � �� v To: Ghair Thiesse, Planning Commission Members ��'��s"°�`i, Jessica Loftus, City Administrator From: Jeremy Bamhart, Community Development Director Date: July 18, 2016 Subject: 16-3847 Rick Denman(Charles Cudd Co,LLC, for DDK, LLC Owner -2525, 2535, and 2545 Shadywood Road -Comprehensive Plan Amendment - Prelimuiary Plat -Rezoning from B-4 and LR-1 B to RPUD -Public Hearing Summary of Request: Applicant requests the following approvals for a proposed 7-lot single- family residential development: 1) Amendment of the Orono Comprehensive Plan(Community Management Plan or"CMP") to allow development of the property at a density of approximately 3 units per acre for this property which is guided in the CMP for development at a density of 2-3 units per acre (back hal� and 4-15 units per acre(front hal�; 2) Preliminary plat approval for a 7-lot single-family residential subdivision; and ,3) Rezoning to Residential Planned Unit Development(RPUD). Parcels Involved: PID & Address Owner of Record 20-117-23-11-0030 2525 Shadywood Rd . DDK,LLC 1560 Bluff Creek Dr.,Chaska MN 55318 20-117-23-11-0028 2535 Shadywood Rd Same 20-117-23-11-0029 2545 Shadywood Rd Same Zonin and Land Use: PID &Address Existing Zoning Proposed Zoning Ezisting Land Proposed Use Land Use 2525 Shadywood Rd. LR-1 B RPUD Low Density No change Residential2-3 units er acre 2535 Shadywood Rd B_4 RpUD Mixed Use Low Density Residential2-3 units er acre 2545 Shadywood Rd B_4 �,� Mixed Use Low Density Residential2-3 units er acre �� / ! 16-3847 Page 2 • Shadywood Villas July 18,2016 Parcel Area: Gross Site Area 3.67 ac. Delineated Wetland - 1.33 ac. Proposed/MCWD-Required Wetland Buffers* - 0.211ac. Net Buildable Area 2.129 ac. �Met Council guidelines allow wedand bu,fj`'ers to be excluded from net developable acreage calculations. Proposed Net Density: 7 units on 2.129 buildable acres=3.28 units per acre Pro osed Area of New Public Roads 0.35 acres Pro osed Area in SFR Lots includin wetlands&buffers 3.32 acres Ran e in SFR Lot Areas includin wetlands &buffers 0.18 ac.— 1.41 ac. Avera e SFR Lot Area includin wetlands &buffers 0.47 ac. 20,660 s.f. + List of Exhibits A—Subdivision Application B —Submittal Narrative C—Preliminary Plans (3 Sheets) D—Wetland Delineation Notice of Application E—Conservation Design Executive Survey F—Representative Home Style Options ' - Elevation Views - House Plan Layouts G—Plat Map&Property Owners List H—Comprehensive Plan Excerpts I—RPUD District Standards J—Minutes from Sketch Plan Reviews K—Density Analysis Worksheet L—Correspondence received to date M—Tree Stand Map N—County Comments 1. COMPREHENSIVE PLAN AMENDMENT 2008-2030 CommuniTy Management Plan. The proposed development incorporates 3 different parcels. These three parcels are guided differently; the two eastern lots are guided mixed use, and the westem lot is guided low density residential. The developer proposes to guide all three parcels low density residential, though the proposed development is slightly higher in density than suggested by that classification(3.28 units/acre versus 3.0 units per acre). The proposed development density represents a reduction in proposed gross density from the approved Comprehensive Plan. 4 units/acre on the east side to 3.28 units an acre(the western lot remains the same). The actual density drops from 10.22 units planned in the guide plan to 7 units. Impacts of Plan Amendment. Met Council guidelines require an overall new sewered development density of at least 3 units per acre. The proposed project,with detached single family homes is near the lowest density wbere the Met Council is likely to approve sanitary sewer service. To achieve the 4 units an acre envisioned by the CMP,attached residential units would be expected t, , '� ,'16-3847 Page 3 Shadywood Villas July 18, 2016 and could include townhomes or apartments/ condominiums. In recent conversations with Met Council staff, it has become clear that developing this specific site(and others nearby guided similarly) at densities lower than the current CMP guided densities, triggers a formal amendment of the CMP and an expectation that other developable properties be reguided for higher density to offset the decrease. An analysis of Orono's current status as a result of the applicant's proposal is attached as Exhibit K. 'The applicants presented a sketch plan to the Planning Commission in May 2016 and City Council in June for a 7 unit development at this site. It appears there is some degree of support at the Council level for the type and density of development proposed by the applicant, while development at a higher density in the area has not gained much traction. Issues for Consideration. In reviewing the amendment, Planning Commission should attempt to set aside the details of the proposed development and look at the broader picture, consider the following: 1) Does the amendment further the City's goals for development of higher density housing? 2) Are there specific aspects of this site that support a reduction of the density from the current guided density? 3) Are there any negative aspects to reguiding this site for lower density? 4) Are there specific conditions that should be established as part of an approval of the reguiding? 2. REZONING It has been the City's practice to formally rezone properties as part of an approved project, at the time of Final Plat. It is also recognized that the city's zoning ordinance must be consistent with the Comprehensive Plan. The applicant propose to rezone the subject parcels to Residential Planned Unit Development, or RPUD. The RPUD District contains detailed development standards with regards to lot size and setbacks; building design; landscaping, screening and buffering; and trails and recreation; all of which will be addressed in the following pages. The RPUD District also offers flexibility as a planned unit development process, such that approved departures from the standards are considered as elements of the RPUD zoning rather than as variances. Note that the property does not meet the minimum size requirement of 5 acres,but does meet the location standards to be eligible for RPUD rezoning. 3. PRELIMINARY PLAT REVIEW Conformity with Zoning District Standards In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8) - see Exhibit L The RPUD standards as written for detached single family use do not accommodate the type of smaller, narrow lot style of development that is proposed. However, the concept of a planned unit development process is to allow flexibility in design. Section 78-626(16) provides for flexibility in RPUD standards, as �J 16-3847 Page c '� Shadywood Villas July 18,2016 follows: (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefare approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. This proposed development concept will require a significant departure (flexibility) from the RPUD district lot standards for individual homesites. The table below identifies specific standards which would require flexibility: RPUD District Minimum Proposed Fle�bility SFR Standard Lot Standards Re uired? Minimum project size: 5 acres 2.34 acres Yes Minimum lot size: 15,000 square feet 7,800 s.£—61,400 s.£ Yes (incl. wetlands) 4 of 7 lots< 15,000 s.f. Minimum lot width at setback line: 90 feet 50' min and typical/70 ft Yes widest Minimum lot de th: 125 feet Varies -all 150' + No Minimum front building setback: 25 feet 20' feet min. (25' to l,es Shad ood) Minimum side ard setback: 10 feet Side 1: 7 feet Yes Minimum rear yard setback: Lesser of 40' or Lesser of 40' or No 20%of lot de th(30 feet) 20% of lot de th Maximum FAR: 0.50 .18 (assumes 1400 sq ft No sin le sto home) Wetland building setback: Greater of 35 feet or 35 feet(Lot 6) yes MCWD buffer lus 10 feet Private Recreational Area: 10% of gross project area 0%proposed Yes Building hei ht: Maximum of 30 feet (Not defined) No All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a No width of at least 20 feet for at least 50 percent of their depth. Relationship to Surrounding Development The subject parcel in many ways represents a transition between the commercial and institutional uses along Shadywood and the residential uses on Lydiard Circle/Avenue to the south, and Kelly Avenue to the west. The proposed development will have little to no interaction with the adjacent residential neighborhoods as there are no vehicular connections or trails out of the property to the south, north, or west. The portion of the project adjacent to Kelly Avenue is currently a wetland, there are no plans to impact this wetland, other than mitigation of invasive plant material. Conservation Design The applicants have submitted a Conservation Development report prepared by ISG pursuant to the City's Conservation Design ordinances. The executive summary is attached (Exhibit E), a full copy is available on the cities website. Key elements of the report include a review of the 16-3847 Page 5 Shadywood Villas July 18, 2016 Rural Oasis Study of which this site is an Edged Enclosure Corridor;Natural Resources Inventory including review of the MLCCS Land Cover Classification data, wetland delineations (to be approved by the MCWD), tree inventory, and review of existing drainage patterns. Wetlands on Site and/or Impacted The western 1/3 of the project area is a Manage 3 wetland, which requires a 20 foot buffer. There are no plans to impact this wetland other than mitigate the invasive reed canary grass. A 35' buffer setback is proposed greater than the minimum required 20 foot = 10 foot additional buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. Tree and/or Woodland Impacts A significant portion of the eastern half of the project area was clear cut in 2012. Remaining trees can be found along the edges of the project area, and on the slope above the wetland. Volunteer shrubs or plants can be found in the center of the development area. The developer proposes to preserve existing significant trees to the extent possible (see Tree Stand Map Inventory, Exhibit M), the best trees are generally in the NE corner of the site, to be impacted by the planned road connection. The grading plan and the tree preservation plan will need to be carefully analyzed to ensure they are compatible and consistent. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office (SHPO) to confirm. Lot Layout and Lot Standards The layout of the site is dictated by a number of factors, including: - location of wetlands; - collector roadway on the east side; - the need to locate road access points in a location to benefit adjacent parcels and efficiently use the subject property The applicants have proposed a plan that takes into account these factors. The result is a site layout with one road off of Shadywood Road. No accesses are proposed onto Kelly Avenue. Staff has suggested that access control be deeded to Hennepin County and shown on the plat, to further inform the buyer of Lot 1 that no driveway will be permitted. Rear Yard Setbacks. The rear yards range in depth from 25 feet to over 280 feet, with the lots closer to existing residential ranging from 25 to 87 feet. Landscaping/berming is expected along the frontage of these lots to provide for buffering of the residences. Lot Widths and Side Yard Setbacks. The lots range in width from 50 to 70 feet wide, allowing for the house and 7 foot setbacks on either side. Lots 1-4 show 14 feet between the houses, with greater separation provided between the houses on lots 5-7. Front Setbacks. Front yard setbacks as measured from the front lot line are proposed at 20 feet (lots 1-4 and 7) and 58 and 33 for lots 5 and 6, respectively. No sidewalks are proposed. The 20 foot minimum provides space for cars (1 deep) to be parked on the driveway and not encroach into the street. � , . � 16-3847 Page 6 Shadywood Villas July 18, 2016 Lot Covera�e vs. Floor Area Ratio (FAR). Zoning Code Section 78-1403 establishes the 15% Lot Coverage limit for lots less than 2 acres in area all zoning districts; it doesn't make an exception for RPUD. However, the RPUD District does not specifically establish a `Lot Coverage by Structures' limit. Instead, the RPUD standards limit individual lots to 50% hardcover and an individual lot Floor Area Ratio (FAR = gross area of all floors divided by rg_oss lot area) of 0.5. This means a 14,000 s.f. lot is allowed 7,000 s.f. of total floor space. The proposed single level homes in a 37' x 70 footprint (2500 sq ft) on the proposed lots would yield a range of FAR from .04 (lot 6) to 0.32 (lot 4), all meeting the 0.50 FAR limit. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the gross lot area. Only the smallest of the proposed lots would appear to approach that limit. Site Grading The development area is generally flat, with highest elevations in the northeast corner, and lowest at the wetland along Kelly Avenue. The majority of the development is proposed to occur on the eastern side of the property. Homes are proposed to be walkouts; excavation and filling will be necessary. The City Engineer's review will need to include gading impacts to adjacent properties, and trees to be preserved. Road Layout and Standards The internal road serving the development is proposed to be public. This is in line with the provisions of the CMP Transportation Plan in Urban Transportation Policies, which states: 1. Local streets in the urban area will be owned and maintained by the City. Because the land use and street use density of the urban neighborhoods is relatively high, the City will provide public street access to all urban properties. City responsibility for proper maintenance levels will ensure passable, all-weather streets available at all times for emergency vehicles and for general public ingress and egress. The proposed road is approximately 220 feet long, terminating in a cul de sac. The County will need to approve the location of the drive, though preliminary discussions with the County support the proposed location. The preliminary plat has been forwarded to the Fire Chief for comment with regard to access for fire department vehicles, the cul de sac diameter is consistent with city ordinances. The proposed road is 28' in paved width(back-of-curb to back-of-curb)located within a 50' platted corridor, meeting the City's standard for a public road system [Code Section 82-281(d)(2)]. The developer will pay all costs of road construction and utility installation/ connection. County Road Improvements and/or Easements The county has provided comments, included as Exhibit N. No turns lanes are required nor proposed. Based on the number of lots, staff does not believe a traffic study is necessary, thought the Planning Commission and Council could require one. The County requests additional right of way for a future trail and Shadywood road improvements. This additional right of way will impact the configuration of the project. Lastly,the County desires verification of adequate site distance to the left. t, . , � 16-3847 Page 7 Shadywood Villas July 18, 2016 Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. A number of drainage easements are shown on the plat drawings as necessary to direct stormwater runoff. Existing easements will need to be vacated. Parks, Trails, Sidewalks As noted above, no trails or sidewalks are proposed with this development. The CMP suggests a future trail along Shadywood. Hennepin County and Three Rivers Park District have talked about adding trails along Shadywood, though plans have not progessed to suggest which side. 10%Private Recreation Area Requirement. RPUD standards require that 10%of the development site be provided as a private recreation area or open space to serve the residents of the development. The wetlands which encompass a significant portion of the development certainly act as open space, but they are not accessible for recreation purposes because the wetlands are placed within individual lots rather than as a separate commons area. The Planning Commission should discuss the need for a private recreational area. Park Dedication In addition to the creation of a private recreation area to serve the development residents, the City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. No Park Commission meeting is scheduled until September, after this item is expected to be reviewed by the Council, unless delayed. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee for 7 new building lots would be appropriate; the current fee ranges from a minimum of$3,250 and a maximum of$5,550 per lot, for a potential total fee of$22,750 to $38,850. The nearest public open space is the Lydiard beach area, south of the site. The Planning Commission should discuss the need for sidewalks within the development, and/or connections to the public beach. RPUD Landscaping Requirements The proposed landscaping plans have not been received nor reviewed as to compliance with the very detailed RPUD landscaping requirements. This evaluation will proceed upon confirmation of a final site layout. The plan shows a fence along the berm on Lot 1, along Shadywood. A detail of the fence should be provided. Stormwater and Drainage Improvements & Fees Applicants have submitted detailed grading and drainage plans and calculations, which the City's consulting engineers are reviewing to ensure the City's requirements are met. A majority of the runoff will be directed to three stormwater ponding areas, two of which discharge to the wetland. The property will be subject to the Stormwater and Drainage Trunk Fee. Recent Council action to revise the Trunk Fee provisions would result in a fee(for development at 4.0 units per acre or less) of$7,275 per acre (2016 Fee Schedule), based on non-wetland acreage, for an estimated Trunk Fee of 2.34 acres x $7,275/acre = $17,024.00. The grading plan has not been reviewed in conjunction with the tree preservation plan to ensure that tree retention is maximized. Utility Locations/Availability/Assessments/Connection Fees � � f 16-3847 Page 8 Shadywood Villas July 18, 2016 A gravity sanitary sewer line runs along the south property line, feeding a lift station on the north side of Shadywood Road. Water is available, also on the north side of Shadywood Road. It appears that Sewer and Water connection charges have already been paid, though each unit will pay individual SAC charges at the time of building permit. City Engineer Comments The city engineer is currently reviewing the development plans and comments will be incorporated into the final preliminary platy. Style and Appearance of Proposed Homes The applicants have provided conceptual depictions of elevation views and floor plans for the proposed homes. Planning Commission should review these (Exhibit F) and determine whether there are any concerns. Public Comment To date staff has received written comments on the project, attached in Exhibit L. The developer also plans an open house with the neighborhood on Saturday, July 16`h. Staff will not attend this open house. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: Comprehensive Plan Amendment 1. Applicants propose development at a density of 3.28 units per acre rather than the 4-15 units per acre for which the eastern half of the property is guided, and have requested a Comprehensive Plan Amendment to allow the lower density. - Should the City be striving for more density or less density at this location? - Is the single-family concept right for this area? Does it match the City's goals in terms of housing type and density? - Will the City benefit from a development, such as this? Should the entire property be developed in this manner, or should this site incorporate more than one style of houses? In general, the responses to these questions during prior reviews has been that the proposed development density is acceptable. If that is the case today, a Planning Commission recommendation for approval of the Comprehensive Plan Amendment is appropriate. Rezoning from B-4 and LR-IA to RPUD 2. Planning Commission should consider whether RPUD is the appropriate rezoning option for this development. Staff believes RPUD is the only viable option for development of this parcel in the manner proposed by the applicants and the CMP. P�•eliminary Plat Review 3. Is the Commission comfortable with the level of flexibility requested, recognizing that t , , � 16-3847 Page 9 Shadywood Villas July 18, 2016 RPUD standards requires a significant level of development flexibility. Does Planning Commission have any concerns about the lot widths, setbacks or other RPUD standards for which flexibility is required in this proposal? 4. Is the Commission comfortable moving the project forward, recognizing that the landscaping plan, engineering and storm-water management plans have not been fully vetted. 5. Should trails or sidewalks be provided to connect this neighborhood with the community at large? 6. Is it imperative that 10% private open space be provided by the developer? 7. Are there any other issues or concerns with this application? Staff Recommendation This development proposal exhibits a significant level of refinement as a result of the developer's response to issues raised during the Sketch Plan Review process and primary Staff comments. Discussion of the above topics and any conclusions reached by the Planning Commission should provide applicant and staff with direction as to whether or how the proposed plat should be further revised. Any remaining topics left unaddressed to date should be brought up for discussion. The Planning Commission may recommend approval or denial of the three actions requested or any combination thereof. If denial is recommended, reasons should be given. The Planning Commission may also choose to table the application, allowing the developer and staff to address any issues raised. Should the Commission wish to approve the applications, the following conditions are suggested: Comprehensive Plan Amendment, with the direction that that the City should identify alternate sites for higher density development. Rezoning to RPUD, to be formally approved at the time of final plat approval. Preliminary plat approval subject to the following conditions: 1. Flexibility being granted for the lot area,width and setback standards of the RPUD District. Hardcover will be limited to the assigned Tier 4 level of 50% on each individual lot. The 0.50 FAR shall be adhered to on each individual lot. 2. Development shall be subject to adherence to the findings included in the Conservation Design report, also subject to removal of buckthorn on the site. 3. Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 4. Applicant to confirm with SHPO that that there are no archaeological sites within the property. 5. Preliminary plat to be reviewed by Park Commission and Fire Chief for comments and recommendations prior to Council review of preliminary plat. � , . � 16-3847 Page 10 Shadywood Villas July 18, 2016 6. 10%private recreational space requirement will not be enforced. 7. Park Dedication Fees and Storm Water&Drainage Trunk Fees,as well as municipal sewer and water connection charges, all as noted in staff inemo, to be collected in full at the time of final plat approval. 8. Vacation of easements as appropriate through the site 9. Provision of drainage and conservation easement over wetland. .. e�oti�`�� Date Application Received: 6/22116 � '�. Date Application Considered as Complete: Incomplete � CMP Amdmt.60-Day R'eview Period Expires: I 120-Day Subdivision Review Period Expires: �'+,% � ,�;' �' r' `ti fr To: Chair Thiesse, Planning Commission Members ��"��` Jessica Loftus, City Administratar From: Jeremy Barnhart, Community Development Director Date: July 18, 2016 Subject: 16-3877 Rick Denman (Charles Cudd Co, LLC, for DDK, LLC Owner - 2525, 2535, and 2545 Shadywood Road - Comprehensive Plan Amendment - Preliminary Plat - Rezoning from B-4 and LR-1B to RPUD - Public Hearing Summary of Request: Applicant requests the following approvals for a proposed 7-lot single- family residential development: 1) Amendment of the Orono Comprehensive Plan(Community Management Plan or"CMP") to allow development of the property at a density of approximately 3 units per acre for this property which is guided in the CMP for development at a density of 2-3 units per acre (back halfl and 4-15 units per acre (front hal�; 2) Preliminary plat approval for a 7-lot single-family residential subdivision; and 3) Rezoning to Residential Planned Unit Development(RPUD). Parcels Involved: PID &Address Owner of Record 20-117-23-11-0030 2525 Shadywood Rd . DDK,LLC 1560 Bluff Creek Dr.,Chaska MN 55318 20-117-23-11-0028 2535 Shadywood Rd Same 20-117-23-11-0029 2545 Shadywood Rd Same Zonin and Land Use: PID & Address Existing Zoning Proposed Zoning E�sting Land Proposed Use Land Use 2525 Shadywood Rd . LR-1B RPUD Low Density No change Residential2-3 units er acre 2535 Shadywood Rd B-4 RPUD Mixed Use Low Density Residential2-3 units er acre 2545 Shadywood Rd B 4 �,� Mixed Use Low Density Residential2-3 units per acre 16-3847 Page 2 Shadywood Villas July 18, 2016 Parcel Area: Gross Site Area 3.67 ac. Delineated Wetland - 1.33 ac. Proposed/MCWD-Required Wetland Buffers* - 0.211 ac. Net Buildable Area 2.129 ac. *Met Council guidelines allow wetland buffers to be excluded from net developable acreage calculations. Proposed Net Density: 7 units on 2.129 buildable acres = 3.28 units per acre Proposed Area of New Public Roads 0.35 acres Proposed Area in SFR Lots (including wetlands &buffers) 3.32 acres Range in SFR Lot Areas (including wetlands &buffers) 0.18 ac. — 1.41 ac. Average SFR Lot Area (including wetlands &buffers) 0.47 ac. (20,660 s.f. + ) List of Exhibits A— Subdivision Application B— Submittal Narrative C—Preliminary Plans (3 Sheets) D —Wetland Delineation Notice of Application E—Conservation Design Executive Survey F—Representative Home Style Options - Elevation Views - House Plan Layouts G—Plat Map & Property Owners List H—Comprehensive Plan Excerpts I—RPUD District Standards J—Minutes from Sketch Plan Reviews K—Density Analysis Worksheet L— Correspondence received to date M—Tree Stand Map N—County Comments 1. COMPREHENSIVE PLAN AMENDMENT 2008-2030 Community Management Plan. The proposed development incorporates 3 different parcels. These three parcels are guided differently; the two eastern lots are guided mixed use, and the western lot is guided low density residentiaL The developer proposes to guide all three parcels low density residential, though the proposed development is slightly higher in density than suggested by that classification (3.28 units/ acre versus 3.0 units per acre). The proposed development density represents a reduction in proposed gross density from the approved Comprehensive Plan. 4 units/acre on the east side to 3.28 units an acre (the western lot remains the same). The actual density drops from 1022 units planned in the guide plan to 7 units. Impacts of Plan Amendment. Met Council guidelines require an overall new sewered development density of at least 3 units per acre. The proposed project, with detached single family homes is near the lowest density where the Met Council is likely to approve sanitary sewer service. To achieve the 4 units an acre envisioned by the CMP,attached residential units would be expected 16-3847 Page 3 Shadywood Villas July 18, 2016 and could include townhomes or apartments/ condominiums. In recent conversations with Met Council staff, it has become clear that developing this specific site(and others nearby guided similarly) at densities lower than the current CMP guided densities, triggers a formal amendment of the CMP and an expectation that other developable properties be reguided for higher density to offset the decrease. An analysis of Orono's current status as a result of the applicant's proposal is attached as Exhibit K. The applicants presented a sketch plan to the Planning Commission in May 2016 and City Council in June for a 7 unit development at this site. It appears there is some degree of support at the Council level for the type and density of development proposed by the applicant, while development at a higher density in the area has not gained much traction. Issues for Consideration. In reviewing the amendment, Planning Commission should attempt to set aside the details of the proposed development and look at the broader picture, consider the following: 1) Does the amendment further the City's goals for development of higher density housing? 2) Are there specific aspects of this site that support a reduction of the density from the current guided density? 3) Are there any negative aspects to reguiding this site for lower density? 4) Are there specific conditions that should be established as part of an approval of the reguiding? 2. REZONING It has been the City's practice to formally rezone properties as part of an approved project, at the time of Final Plat. It is also recognized that the city's zoning ordinance must be consistent with the Comprehensive Plan. The applicant propose to rezone the subject parcels to Residential Planned Unit Development, or RPUD. The RPUD District contains detailed development standards with regards to lot size and setbacks; building design; landscaping, screening and buffering; and trails and recreation; all of which will be addressed in the following pages. The RPUD District also offers flexibility as a planned unit development process, such that approved departures from the standards are considered as elements of the RPUD zoning rather than as variances. Note that the property does not meet the minimum size requirement of 5 acres,but does meet the location standards to be eligible for RPUD rezoning. 3. PRELIMINARY PLAT REVIEW Conformity with Zoning District Standards In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8) - see Exhibit L The RPUD standards as written for detached single family use do not accommodate the type of smaller, narrow lot style of development that is proposed. However, the concept of a planned unit development process is to allow flexibility in design. Section 78-626(16) provides for flexibility in RPUD standards, as 16-3847 Page 4 Shadywood Villas July 18, 2016 follows: (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD,the surrounding area or the city as a whole. This proposed development concept will require a significant departure (flexibility) from the RPUD district lot standards for individual homesites. The table below identifies specific standards which would require flexibility: RPUD District Minimum Proposed Flexibility SFR Standard Lot Standards Re uired? Minimum project size: 5 acres 2.34 acres Yes Minimum lot size: 15,000 square feet 7,800 s.£—61,400 s.£ Yes (incl. wetlands) 4 of 71ots< 15,000 s.f. Minimum lot width at setback line: 90 feet 50' min and typical/70 ft Yes widest Minimum lot de th: 125 feet Varies -all 150' + No Minimum front building setback: 25 feet 20' feet min. (25' to l,es Shad ood) Minimum side ard setback: 10 feet Side 1: 7 feet Yes Minimum rear yard setback: Lesser of 40' or Lesser of 40' or No 20%of lot de th (30 feet) 20%of lot de th Maximum FAR: 0.50 .18 (assumes 1400 sq ft No sin le sto home) Wetland building setback: Greater of 35 feet or 35 feet(Lot 6) yes MCWD buffer lus 10 feet Private Recreational Area: 10%of gross project area 0%proposed Yes Building hei ht: Maximum of 30 feet (Not defined No All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a No width of at least 20 feet for at least 50 ercent of their depth. Relationship to Surrounding Development The subject parcel in many ways represents a transition between the commercial and institutional uses along Shadywood and the residential uses on Lydiard Circle/Avenue to the south, and Kelly Avenue to the west. The proposed development will have little to no interaction with the adjacent residential neighborhoods as there are no vehicular connections or trails out of the property to the south, north, or west. The portion of the project adjacent to Kelly Avenue is currently a wetland, there are no plans to impact this wetland, other than mitigation of invasive plant material. Conservation Design The applicants have submitted a Conservation Development report prepared by ISG pursuant to the City's Conservation Design ordinances. The executive summary is attached (Exhibit E), a full copy is available on the cities website. Key elements of the report include a review of the 16-3847 Page 5 Shadywood Villas July 18,2016 Rural Oasis Study of which this site is an Edged Enclosure Corridor;Natural Resources Inventory including review of the MLCCS Land Cover Classification data, wetland delineations (to be approved by the MCWD), tree inventory, and review of existing drainage patterns. Wetlands on Site and/or Impacted The western 1/3 of the project area is a Manage 3 wetland, which requires a 20 foot buffer. There are no plans to impact this wetland other than mitigate the invasive reed canary grass. A 35' buffer setback is proposed greater than the minimum required 20 foot = 10 foot additional buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. Tree and/or Woodland Impacts A significant portion of the eastern half of the project area was clear cut in 2012. Remaining trees can be found along the edges of the project area, and on the slope above the wetland. Volunteer shrubs or plants can be found in the center of the development area. The developer proposes to preserve existing significant trees to the extent possible (see Tree Stand Map Inventory, Exhibit M), the best trees are generally in the NE corner of the site, to be impacted by the planned road connection. The gading plan and the tree preservation plan will need to be carefully analyzed to ensure they are compatible and consistent. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office (SHPO) to confirm. Lot Layout and Lot Standards The layout of the site is dictated by a number of factors, including: - location of wetlands; - collector roadway on the east side; - the need to locate road access points in a location to benefit adjacent parcels and efficiently use the subject property The applicants have proposed a plan that takes into account these factors. The result is a site layout with one road off of Shadywood Road. No accesses are proposed onto Kelly Avenue. Staff has suggested that access control be deeded to Hennepin County and shown on the plat, to further inform the buyer of Lot 1 that no driveway will be permitted. Rear Yard Setbacks. The rear yards range in depth from 25 feet to over 280 feet, with the lots closer to existing residential ranging from 25 to 87 feet. Landscaping/berming is expected along the frontage of these lots to provide for buffering of the residences. Lot Widths and Side Yard Setbacks. The lots range in width from 50 to 70 feet wide, allowing for the house and 7 foot setbacks on either side. Lots 1-4 show 14 feet between the houses, with greater separation provided between the houses on lots 5-7. Front Setbacks. Front yard setbacks as measured from the front lot line are proposed at 20 feet (lots 1-4 and 7) and 58 and 33 for lots 5 and 6, respectively. No sidewalks are proposed. The 20 foot minimum provides space for cars (1 deep)to be parked on the driveway and not encroach into the street. 16-3847 Page 6 Shadywood Villas July 18, 2016 Lot Coverage vs. Floor Area Ratio (FAR). Zoning Code Section 78-1403 establishes the 15% Lot Coverage limit for lots less than 2 acres in area all zoning districts; it doesn't make an exception for RPUD. However, the RPUD District does not specifically establish a `Lot Coverage by Structures' limit. Instead, the RPUD standards limit individual lots to 50% hardcover and an individual lot Floor Area Ratio (FAR = gross area of all floors divided by gross lot area) of 0.5. This means a 14,000 s.f. lot is allowed 7,000 s.f. of total floor space. The proposed single level homes in a 37' x 70 footprint (2500 sq ft) on the proposed lots would yield a range of FAR from .04 (lot 6) to 0.32 (lot 4), all meeting the 0.50 FAR limit. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the gross lot area. Only the smallest of the proposed lots would appear to approach that limit. Site Grading The development area is generally flat, with highest elevations in the northeast corner, and lowest at the wetland along Kelly Avenue. The majority of the development is proposed to occur on the eastern side of the property. Homes are proposed to be walkouts; excavation and filling will be necessary. The City Engineer's review will need to include gading impacts to adjacent properties, and trees to be preserved. Road Layout and Standards The internal road serving the development is proposed to be public. This is in line with the provisions of the CMP Transportation Plan in Urban Transportation Policies, which states: 1. Local streets in the urban area will be owned and maintained by the Ciry. Because the land use and street use density of the urban neighborhoods is relatively high, the City will provide public street access to all urban properties. City responsibiliry for proper maintenance levels will ensure passable, all-weather streets available at all times for emergency >>ehicles and for general public ingress and egress. The proposed road is approximately 220 feet long, terminating in a cul de sac. The County will need to approve the location of the drive, though preliminary discussions with the County support the proposed location. The preliminary plat has been forwarded to the Fire Chief for comment with regard to access for fire department vehicles, the cul de sac diameter is consistent with city ordinances. The proposed road is 28' in paved width(back-of-curb to back-of-curb)located within a 50' platted corridor, meeting the City's standard for a public road system [Code Section 82-281(d)(2)]. The developer will pay all costs of road construction and utility installation/ connection. County Road Improvements and/or Easements The county has provided comments, included as Exhibit N. No turns lanes are required nor proposed. Based on the number of lots, staff does not believe a traffic study is necessary, thought the Planning Commission and Council could require one. The County requests additional right of way for a future trail and Shadywood road improvements. This additional right of way will impact the configuration of the project. Lastly,the County desires verification of adequate site distance to the left. 16-3847 Page 7 Shadywood Villas July 18, 2016 Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. A number of drainage easements are shown on the plat drawings as necessary to direct stormwater runoff. Existing easements will need to be vacated. Parks, Trails, Sidewalks As noted above, no trails or sidewalks are proposed with this development. The CMP suggests a future trail along Shadywood. Hennepin County and Three Rivers Park District have talked about adding trails along Shadywood, though plans have not progessed to suggest which side. 10%Private Recreation Area Requirement. RPUD standards require that 10%of the development site be provided as a private recreation area or open space to serve the residents of the development. The wetlands which encompass a significant portion of the development certainly act as open space, but they are not accessible for recreation purposes because the wetlands are placed within individual lots rather than as a separate commons area. The Planning Commission should discuss the need for a private recreational area. Park Dedication In addition to the creation of a private recreation area to serve the development residents, the City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. No Park Commission meeting is scheduled until September, after this item is expected to be reviewed by the Council, unless delayed. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee for 7 new building lots would be appropriate; the current fee ranges from a minimum of$3,250 and a maximum of$5,550 per lot, for a potential total fee of$22,750 to $38,850. The nearest public open space is the Lydiard beach area, south of the site. The Planning Commission should discuss the need for sidewalks within the development, and/or connections to the public beach. RPUD Landscaping Requirements The proposed landscaping plans have not been received nor reviewed as to compliance with the very detailed RPUD landscaping requirements. This evaluation will proceed upon confirmation of a final site layout. The plan shows a fence along the berm on Lot 1, along Shadywood. A detail of the fence should be provided. Stormwater and Drainage Improvements & Fees Applicants have submitted detailed grading and drainage plans and calculations, which the City's consulting engineers are reviewing to ensure the City's requirements are met. A majority of the runoff will be directed to three stormwater ponding areas, two of which discharge to the wetland. The property will be subject to the Stormwater and Drainage Trunk Fee. Recent Council action to revise the Trunk Fee provisions would result in a fee(for development at 4.0 units per acre or less) of$7,275 per acre (2016 Fee Schedule), based on non-wetland acreage, for an estimated Trunk Fee of 2.34 acres x $7,275/acre = $17,024.00. The grading plan has not been reviewed in conjunction with the tree preservation plan to ensure that tree retention is maximized. Utility Locations/Availability/Assessments/Connection Fees 16-3847 Page 8 Shadywood Villas July 18, 2016 A gavity sanitary sewer line runs along the south property line, feeding a lift station on the north side of Shadywood Road. Water is available, also on the north side of Shadywood Road. It appears that Sewer and Water connection charges have already been paid, though each unit will pay individual SAC charges at the time of building permit. City Engineer Comments The city engineer is currently reviewing the development plans and comments will be incorporated into the final preliminary platy. Style and Appearance of Proposed Homes The applicants have provided conceptual depictions of elevation views and floor plans for the proposed homes. Planning Commission should review these (Exhibit F) and determine whether there are any concerns. Public Comment To date staff has received written comments on the project, attached in Exhibit L. The developer also plans an open house with the neighborhood on Saturday, July 16th. Staff will not attend this open house. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: Comprehensive Plan Amendment 1. Applicants propose development at a density of 3.28 units per acre rather than the 4-15 units per acre for which the eastern half of the property is guided, and have requested a Comprehensive Plan Amendment to allow the lower density. - Should the City be striving for more density or less density at this location? - Is the single-family concept right for this area? Does it match the City's goals in terms of housing type and density? - Will the City benefit from a development, such as this? Should the entire property be developed in this manner, or should this site incorporate more than one style of houses? In general, the responses to these questions during prior reviews has been that the proposed development density is acceptable. If that is the case today, a Planning Commission recommendation for approval of the Comprehensive Plan Amendment is appropriate. Rezoning from B-4 and LR-IA to RPUD 2. Planning Commission should consider whether RPUD is the appropriate rezoning option for this development. Staff believes RPUD is the only viable option for development of this parcel in the manner proposed by the applicants and the CMP. Preliminary Plat Review 3. Is the Commission comfortable with the level of flexibility requested, recognizing that 16-3847 � Page 9 Shadywood Villas July 18, 2016 RPUD standards requires a significant level of development flexibility. Does Planning Commission have any concerns about the lot widths, setbacks or other RPUD standards for which flexibility is required in this proposal? 4. Is the Commission comfortable moving the project forward, recognizing that the landscaping plan, engineering and storm-water management plans have not been fully vetted. 5. Should trails or sidewalks be provided to connect this neighborhood with the community at large? 6. Is it imperative that 10% private open space be provided by the developer? 7. Are there any other issues or concerns with this application? Staff Recommendation This development proposal exhibits a significant level of refinement as a result of the developer's response to issues raised during the Sketch Plan Review process and primary Staff comments. Discussion of the above topics and any conclusions reached by the Planning Commission should provide applicant and staff with direction as to whether or how the proposed plat should be further revised. Any remaining topics left unaddressed to date should be brought up for discussion. The Planning Commission may recommend approval or denial of the three actions requested or any combination thereo£ If denial is recommended, reasons should be given. The Planning Commission may also choose to table the application, allowing the developer and staff to address any issues raised. Should the Commission wish to approve the applications, the following conditions are suggested: Comprehensive Plan Amendment, with the direction that that the City should identify alternate sites for higher density development. Rezoning to RPUD, to be formally approved at the time of final plat approval. Preliminary plat approval subject to the following conditions: 1. Flexibility being ganted for the lot area,width and setback standards of the RPUD District. Hardcover will be limited to the assigned Tier 41eve1 of 50% on each individual lot. The 0.50 FAR shall be adhered to on each individual lot. 2. Development shall be subject to adherence to the findings included in the Conservation Design report, also subject to removal of buckthorn on the site. 3. Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 4. Applicant to confirm with SHPO that that there are no archaeological sites within the property. 5. Preliminary plat to be reviewed by Park Commission and Fire Chief for comments and recommendations prior to Council review of preliminary plat. 16-3847 Page 10 Shadywood Villas July 18, 2016 6. 10%private recreational space requirement will not be enforced. 7. Park Dedication Fees and Storm Water&Drainage Trunk Fees, as well as municipal sewer and water connection charges, all as noted in staff inemo, to be collected in full at the time of final plat approval. 8. Vacation of easements as appropriate through the site 9. Provision of drainage and conservation easement over wetland. ' � PC Exhibit A City of Orono Ordinance Amendment / Zone Change Ap licatiot� w v u ��C'. StreetAddress: Application# Fj - g y 7 �O/,T 2750 Kelley Parliway � '` VO Orono,MN 55356 Date Received: •- - b Maln: 952-249-4600 Staff: �f y(�Q/{- fax: 952-249-4616 Fee: ,� Ma!ling Address: EsCfow#&$ `� � P.O.Box 66 � G~ Crystal Bay,MN 55323-0066 PeR11it Fee r�kFSH�� Notes: Please compiete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications wiU not be placed on Pianning Commission Agendas. SITE LOCATION: �su� �3 Jf' �Z S�S' ��,{��A� t,l�UU� ��tf�,�j ��p,�,��, �� APPLICANT/AGENT INFORMATION: Name: ��k� ��vJ V✓��lN-- - ��.S�.,.11 W�Q C.s,' 7 �..�� Phone(Primary): �el �, d ��. �� Email Address: ��,�i j„� ,u � �� Mailing Address: � �J '\? , City: �(,(�s� Z1P: �` PROPERTY OWNER INFORMATION: ❑check ere if property owner is same as applicant � Name: , r ,e n ,,.� Phone(Primary): ,_ S-��, Email Address: �Q�v c_ � ��,,�„� Mailing Address: �� y, �� C (�� ,��1 l (' City: C �, �S ,�4 ZIP' S"S 3 /� APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additionai 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 applicanUagent and property owner recognize that they are solely responsibie for submitting a complete application being aware that upon . failure to do so, the staff has no alternattve but to reject it untll it ts complete or to recommend the request for denlal 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 req uest. • Owner and/or applicanUagent acknowledge they must be present at all scheduled revlew meetings of the Planning Commission and Council. If an applicant and/or o ' unable to attend a scheduled meeting, piease make arrangements to have an authorized represen#ativ end in p ce of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signatur : .•{.+., Date: _ ��- �—.�t$ �., Property Owner Signature: Date: ��7 / /� Property Owner Signature: / Date: Orc/inance Amendmenf/Zone Change Appllcatlon- January 2016 _ Page 2 PC Exhibit B Narrative for the SHADYWOOD VILLAS—Orono by Charles Cudd Co LLC We are proposing a residential detached villa neighborhood that offers a carefree luxury living opportunity for the empty nester market.These beautifully designed Villa homes would offer main floor living featuring the master bedroom on the main level as well as the primary living areas like kitchen, great rooms,sunporches,decks, dining room, bathrooms, laundry and mudrooms all easily accessible on the main floor.The homes will also have the potential to finish recreation space,game room,exercise room,and 2 additional bedrooms and a full bath on the walkout lower level. We feel there is an excellent demand for this new home lifestyle design.The aging baby boomer market desires to downsize from their larger 2-story homes and are looking for a better designed and detailed alternative with more luxury and privacy than a condo or attached townhome.The detached Villa home concept also offers the advantage of low maintained living with a homeowners association providing lawn care,trash and snow removal services. Rick Denman Charles Cudd Co. LLC PC Exhibit C SHADYWOOD VILLAS m � � � �' U a r `"a*ro 1�i 1..._.�... � \ � � � � PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR ` � �`�� 66 �a � —�„� ti r��' CASCO VENTURES LL � ��f�� J `�" �� ';° �' Ea � C // \ \ � / y Vf�� .] W � / � �� L 'f V. HI Vj Q / S O '�,� U o OF LOTS 1-3, BLOCK 1, LEACH ADDITION � �' � ° � � \�'� . ,�j o � z ; HENNEPIN COUNTY, MINNESOTA � v� �� a n�n �� S��I � Ul > � M � hoo� �� RoaosEo eucKwr �i �� j� �. � � � ^ 'L i / 'I�' o � \ tn ,/ 1 O Qi � a l�i �i �� \ `/ � z � rn � ,,"� '--A� � i � � �� I ) . � � o ,� < _- , �� _��`L�-- _ �� #2535 �� o� �' � i� � `� � CS � 3 - � �' �' - _9� � �� / � ,u ' � O 0.' z � �vs�iC �� i 1 � i PO$SIBLE� � � �� ' . .S/ (s� z � ,�_�.�_-- �� '.r�.�!�� h HOCJSE � >,.;...., > � i� (� � z i t�fi�i �-�_ � � �� .��' � � � \ / L .:Y iX `flp ,� �� 'z w �n -- -esr-'�. /i �\� � \ � � / i�j a, Y,; � � � � e ��. X � \ � /i j' � \ °',r �9 � \� ' azo;�� a'�l \ PO�SIBLE \ /i :.��i � � .� . �i O � � �852-..%—_'✓•. / � I � H�SE � � � U � � � ;..,�� i OUTLOT B i , `�$ � � -';'' ,� `� .' c� � � � �� .;' '� �� , � �� i i�, i�� i � � � , � �';�`�.. 0.35-AC. ` :-j � � � � � � � � � � •�y:5� � I Y / � � � � � � ,� �t _„i � . \� � ra„i �\ i�/ i�l �� `� 'A � � � � � i \ \ � % �/ /�i, 0a / o\/ �� \\ �� ''a i�� p0ss �'�.\ \ \ � /� � i :' i1►°�� i\\ �� \\ .. � o�� m § a \ \\ �'\\\ �\��a7'°4 \\ ,/ HOUSELE \ '.\� \ �'---�'._ . `-_ .�o �i�� \ // �d � \\ // �.32`- /�C. \\� �\tS��0.9� a��i$� � � �- �`�� ! � ' - �.,� �� Y ��o •d,��iz m _ �� i �0:�3$� AC:� _ i��.� �60� � �� .'9Te' oA / %� �V �'tS= �', � � � D.,��,�,�c. o ��.�___ ��, � �-- ` Ati�' � °. " , 2 � � n �� .yi'� � � � i� �A`., � A i::'�� i '-( � � A �6 f0�� \ i�� , i�', �\ .,'y\ � \\ � ��i � P��ELE� \ i�.23� ,�C. �� i� � i�� v'� s\ r,.\ �s ��i .i i � F�US � X � �i ;s i � \ � �i� � 2� ' � J� '�i \ . � � ��` \ i ! � �� `�' <�` �� i�\��.\ - � �r� � i s� � �� i� i� �� i � \ i� ��o' (� �� o Dc�' oe. 4.��\ � � i'� � I J:< �..='si� �s\ � i \ � i \D�� S��'� :'i`��e � � \�i� � �\' `� / \%,;::�k � P�SSBLE s\i i� %��2545 �� / �� B � � � �s t MOUSE ^ � � \ i� � O � �� \�6"i4 � i� � Pb5�18� �, ��`f,""- \ i � \ i �W �'� \\ �\ �USE € / *e. \ ''•,\�'.. � �/ �� \� i t� \ �� '�_�� C \�o�9j �� y�4o1'. A� . � \ � �� So�� i� �� J \� i�� , �� \ \��. ��\•�'� A6 �\� �! 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J` r0• i '"o E 66 , /i � /� �2525 � Sf�'^�r-� �� 9,�` � - --��/�� 6� �� _oN Z - "� � � .. � Z � / s�e � � .%� � \ � �� '�� 5 �, �- �s �E� - , � ,, � e� � o �A ,o\ \ � 1 1 I o �% `Q 43- AC./ �'`� va � � { � � -� a '`�. � � �� `��. - -- ,, � ' , \ 1 -- - �, if,/�� , ,,, � o• , , ''J� � Z �` .�....] \ �.t �6�. / i9� _ � r Ev'm �,� PROPOSED WETLAND CONSERVqTION �� ` � ��'�� i� \ � �� LEGAL DESCRIPTION OF PREMISES : \ ' ,, " �� EAS _.�........ �� !�•'` EMENT,�'"" >� �\�� \ �' /��I �i�� `! � Lots 1, 2 and 3, Block 1, LEACH ADDITION �Q�s � � � � � ` ��. � / / ! �as� � `,.'.'� � lS�, ��\ ' I �� 1 � � � o : denotes iron marker t aa; o i � \ i I / / / -3`00 � ':!� � �L \I � �� / � � (908.3)= denotes existing spot elevation, mean sea level datum \ f \I i / / / � \ ��., i'r � � / --s77�--: denotes existing contour line \ ' � oa -t / \ i� 396 � `i / / � i� � 6 � / This sketch pian intends to show the bou�daries of the obove described property, �'}i � / i� I I�9�. / % existing topography, and proposed lots thereon. �-^ � \\ � 6 � � �� % �.t'\ \ R....._. i� p 1S `;Sy � \ \�\..��::�r��Y�ASf�-�S,` /��/ ry��o i i�/ CURRENT ZONING = B-4 FOR �2535 & �2545 `�� s\ \\ .'•./�� LR-1B FOR #2525 � \ � � O\ \ �. � IN ��\ ,o� �i� � � TOTAL AREA = 3.67_ AC. � � / i DRY AREA = 2.34' AC. •�., .\ � is WET AREA = 1.33' AC. �� ''�.. \ ..� OWNER : -r - � ., •-... `�� _ _.._.._..--�''� � CASCO VENTURES, LLC �.^ \M�:.-:�-. 16192 HIGHWAY 7 3 MINNETONKA, MN d `� 55345 b � � � � � 66 \� � �1 S� �j y • 18-149 m ' C.j � �, m '� N\ z�P�s� ^�,�cr ra .�.� w e / m SHADYWOOD VILLAS �� 1 � ',_ ,,, : :,.. f�� . W,��, ~< � PROPOSED PRELIMINARY GRADING AND UTILITY PLAN FOR ��;x�,:'�'�; �' � ,°,�`a�`°9 �N � .., �} � � "— Wz � i `° �� e`o� E-� CASCO VENTURES, LLC .��y�� ' ,�ooe" c� �'� �� Q� a ��'o � � Ua J � OF LOTS 1-3, BLOCK 1, LEACH ADDITION � � a�s�� ' � '�� d �'�. o � Z < i��»� � �� \ �,0= `� �J,�c, �r. U] a ow � HENNEPIN COUNTY, MINNESOTA � �,� A�T 5 , `,�50 � �� o s � � � O �� N 0 0 � e°"' / � \� y a � ,n /9�'"-.__- i� e0 L� // � � � . // O ��' ° W< 3 rn � � ��t �49�j.�•.� / �C � � / a�e � � � p / \� �~J�._----- ,i /q�� r�G��CJ ��/ o \� �� ."-��.,_� � � T1� � � ./ no�'o vN pC 3 \ i`�' 95/9�9� � 9 / � /' \ i�\�BF' O O W z S ,\ �� 3 /y, /� \ �` �� i� PO�BLE . \ � . <Y W X � - �----,ese� �\ /�M1° '`�a�" ��.�.i� k HQUSE / �; �'`�� .� i� (� � z -�:-�,.�.;...-�` �' � �o+ \I��' \ � � \ �-9su% G . " ,� ,j i ',�� w �n �\�"`.V______-g}� � �,p ,,. � /� 5.� \� \ \ � � Bf995O7/�/S/� SV � O „�„�. Y "-� i'� �/ '1 � � P05518LE �� /' i � '�e s�t� � i, �., > ' �b'� ' I i' rh � -`�� l \\ � ' O Q'i c; �.\ �-_"-951-t-......J` 57 O I � 9 � F'I�SE . ' � / 1 � ., �!+p��,,� �3 8� sz � \ W�.ucouT . ' f ' % : --.:�:....n.w i � C� �\ :' ..��A1M.1"�?SE' 952.5 � �. GT952.4 . ' � / � � � . �, � / ��f.w � ��`.\ �.\ i�*�y.5y;^�vs \ � �PROPpSpp . S_AC\ � � BrPf9H0��%�G� i\, /�S6 g ��i/ � `.'� /� � �Sk, � � �� . �s� i �� '�� 'Q s R�AD) � . i i �yM'_ � ::h � � � � --v V`. z �axui / i i '.._:��V /� � � `,� � i � " / :�igg� / o, A� ' �..A�A � �o �-.\ �\ �� • � 9 B cYli P p `�..,\ y L/ /. 95, �''��,M� A\ �" � � �y��" +�p °$ � �\9..�Z,�sr*s � wOUs�� \\ �l.v��. .n•_ �\�¢o j��;� �/ ,�d� � T��'� \\, \\s�O�9� r� gQw kK � �I. � �� ,.ji � ,� / \ � .9 a��f 4� � � � e�' � a � d ,\ ,\ ' � , , ,\,\7 B�S�_ ,�� ' ° o' __, �4� \ ,,�,,� , / � o l� 3 \�'lS�,�''�,Q' � z. � y` : �. �y i �r, , �� .. , Q.S�_ �1C. '� _ \ 9 i.-' °`ti � ( / �r�'� I; \ � 6e �e� '� �� i \ �•'� �� PO$�IBLE� \ i�.2� f� . y � \ x ��b S ,� � � i �. � �+r, � �..�� HOUSE � / � � ::� �Hv�+ai �G . .�. . � e.� � \ \� ' i wux r > lazz. �� o : , i ,� � 9u \ a• � tit ze�s n � i \ �\ �s � � � '�..\ / C-93i.a / 2 �� r � l. . / : y/ w f- y6\ ..'' �4 �� \ - 93'�� / TFN51.7 / � / J�� ' � /'/ � �� ohg �pa .;'�� .v s so9 � �r� � ` \ �/� �\ fj�S51BLE� 's\ �saa.o� h/�� 4 � i s 1 /� �\ r� � � 'L f � `� '� �`.; S /}6 9�' Y �( � � :' / �� . � , / / \ /// I 1'\ � � / \ �a6'7 �i \ / � ' �. \` W ;..�....-' � h10USE/ �\. � � i - - -B�I_ /� \ �,,w �\� ��. �'� l y i . \ •.\'�. y �l\ v�iKouri c] \ \ � / � � �W� �4 � �� `\ � � Pb SIBLE � 6 9 4 �n.,y� /rr 9soi � / J \� �� 5o I �j,.-''� � , � \ y � Ha�E y ��.� a�.z.o , ' � � y �— � �/ \ �\ p�,�LKWT. � ��\ l / � O.Z�� AC. \ O`��'/ i . A�a. �/� s� •-�so\�.� a o. i' .�,i `� \ .--s� �� o i \ ��F�� zo�\�\ � ..`.\ ��\ \\Tv-v�� \'`. .� ii q" I / \ /� �.�� \� qs.aA �e% \ °\ w�' ;\ . A./� i� 9 00 � � � � � � � `. �--- '.-� w t ��'�- '�p � � a.s� \/. � ,\^ �, � � tii d ro„�w 1� ti�6 i` \ � .ty: �� \�, \�POSSIBLE �;.a�o �� / ' �� a d � :.,'�� \ �e �i y y � HOOSE—" - ._ �� .�� . ��,+� ` / / J �r .,,, x / � �� :Y� i / � � '�'� D. � o our ./v�'i o 9 O d�� °� � � � i �i 9 \ '�\\ R�. l� T��- - \ r.F�,ro�' y 5 �sP � g'�` \ �i �i Jp � ?a�,c �aw`o � 55�� a Y, I - � \ �� /� � ,_t, 3 �,g �m '�` ` _ - ,�Y'�...��.t�i +rc o° QA� 1 I _'w E � �ii �/ C S Sf ` * �� '':�':�..�� y-� 6p�6' � � a o = 6 � / \�2525 ` `�, �. �'q�^ ::: � \ 6 '-.._-' / \ / � i.� .... _ 90� p'� \ \ /�i \ ` ` / �� ,... .•/ ��,0�5�i c Ea� _ \ i� � �� : � "n':eaZ�sw oomu �./., i � ,f�"a � 1 4 � i i+w ^c o=�o � �b \ l ,O\ \ �/// \ `T� °P�/ �Y// _ ` � � \� �� I � \� 9J `+)��/ / `oJ� 3 '�, �: 'A \ i�/ \ 1 \ �� ,a'�° ��, <Eo� B. TP !� /� \ \ \ 9'f'9 � >.o o . � ,�h �j �\ � � � /� �� LEGAL DESCRIPTION OF PREMISES : `u�o � 0 + � j \ \ \ � `P� �` � � � Lots i, 2 ond 3, Block 1, LEACH ADDITION `-- �� '� � \ �, 1 � � e �/ / / �,0 5 Sy \ � 1 I /�� i i m n5� vi �;'•� ��j`, �� \ �i �9}7 �,� �� a : denotes iron marker �` : � ��'�� r., � �;5� � •`•� Ly �� `�� NJ�g�� (908.3)= denotes existing spot elevation, mean sea level datum , ��'� I� ��' //�� /j 970.8 : denotes proposed spot elevation, mean sea level datum � � �6 � � � \\ i�/ �y`�6� , � �' � --gv�-: denotes existing contour line � i� �� i / -,yy \ � � i I � � �6 i ,' z�: denotes proposed contour line \ � '�•- � . �� o�9 / ; �:'., � �j. \ �.............. oa �o �� o This sketch plan intends to show the boundaries of the a6ove described property, :'�?� \ � \ ,.�...-''UT�T Wq�-q �i 1}5� � �� 5 �' existing topography, and proposed lots, utilities and grading thereon. It does ' ^` \ �\ Eqgf�NOTs //� /� / i , not purport to show any other improvements or encroachments. „�`' \�"� ��\ \ ,,, �'y.i � � � � ' / / \ � O\ \ i� � � CURRENT ZONING = B-4 FOR y2535 & �2545 i ��p � i � � r...- \ ,\ �o\ �i � � /� LR-1B FOR �{2525 \ �� , \ � ��/ � �/ � ' ' �� TOTAL AREA = 3.67' AC. `':.� \ �''`..\ / .��'� WET AREA = 1.33_ AC. `. -� fi. \ ... ._......'"'� r�s'. � _�y,_...... / � M, � / OWNER � , J \��D� CASCO VENTURES, LLC � � \�� 16192 HIGHWAY 7 � �� \66 �� MINNETONKA, MN � ,yti �q 55345 � aa ' - Sa � 1 j ^ 18-149 �U �,1 1�'' CURRENT ZONING = B-4 FOR �2535 & #2545 z z ,� SHADYW��D VILLAS ' �� U � � ; � � , ��,� x��T,o < � �"O�,o- 1 ' \_.._�......\ , �'c� WA*e��, LR-1B FOR #2525 �4 � /... '��e��'` e�`' GRADING AND STORMWATER POLLUTIQN PREVENTION PLAN = ""�1 _, �� '°��..,.... :� 66 �, w o Z CASCO VENTURES LLC � ��`'l � `J � "� ��9 TOTAL AREA = 367_ AC � s � `Ot+t� �o,'� �'� DRY AREA = 2.34_ AC. Qi'� Y � ,p f�, ��`� �� .y�� (� WET AREA = 1.33_ AC. �"�a J OF LOTS 1-3, BLOCK 1, LEACH ADDITION E�T ,� -�'�'�`Po ��j O � ��'s� OWNER � W o a � ,� o s � � �� '� � L/) > � � HENNEPIN COUNTY, MINNESOTA � � � � 0 �' � -. � � , � dr� e= �As�o VENTURES, LLC �, a � I�"' �� p^} 9 / / � � O� � �'"' $ 16192 HIGHWAY 7 � > a N �ry5p0� //� �PROPO''o n� -, 5�O�o J \�� O �i^,� 55345 ONKA� MN y s 3 rn ,9sa--__"- /,, � 9� /� � / O T2 o a�i .a o LEGAL DESCRIPTION OF PREMISES : � g� 9 ,� t/h � ��9+6 • / � � % 3 ;Y� �,O � �,�,`"'. � x �� rQ�_--- � �'�� r�5�� y i! ��1 ,' �'"�°�,e � �" z = Lots 1, 2 and 3, Block 7, LEACH ADDITION � \ �- �''i 9 ysa 5 � . � \ � ''y�t°. O O W z o ,ssb�� rt'� � � e " �� PO�BLE� � � eQ � z z - zw � o : denotes iron marker �---` \ i� ,�r��'o� �s� `� �� / �u�co�uT/ �''�� i� � a � �.'r�L• ;� l.• - �i 1 g.° n \ \ i G-952.4I L � 0 e08.3 � denotes existin s ot elevation, mean seo level datum � ----9x---" � � 9y1 °�O � � \ 'f-9sZ.��i s� � � ��(� � ( ) 9 P �r ` \ \ B-94A.0 i s`� � � ci �_-, r•'% 3'f / '1 � �� PO�SIB�E �i�:�� `?',�9 �.7� i� �„ ", b; �• � _ __ Q T 1 \ HdUSE � �`. � o 970.9 : denotes proposed spot elevotion, mean sea level dotum , �� -ssz-�:_� �., ,�, z ssz \ �'�6 i ._n,c, � \ \ �� ; '., � � s525 .,j BI � \ cN9 s°i • �' � � ��n,w �i �s� - -9t7---: denotes existing contour line � � � � �' ' 'g\�� (PR Jr` C+\ � -� "' r�-ssz.� � . � v" � �.,�� i �, �. , , ,�5, 5 aPa A � � . . � a,; , � \ \ \ / .."�'.g � $ED Bf91a.0` : �� / / \ ... / . � � � . �a � '� ` "e a R�AD i/. ,� , �y�:.... � ':i� , -u-: denotes proposed contour line � � � � � -y �', sZ rn,�� y, i i g ,' "......._`�Q� a, � � � � � i � \i .1'��i �S � \� .,�� \\ i �ok °�' r � \ \ � si I �95� ' / h �/� 2 \ � �' -F P k �� s e � PpSSIg � �� ssr (� v. � �� d/ s �� i � ��p � a`��4m This sketch plan intends to show the boundaries of the above described properfy,�� `*� HpU �E = --9S`- - �`-g ii .` �s � �` o S� � � existin to o ra h and ro osed lots, utilities and radin thereon. 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PROJECT INFORMATION Applicant Name Project Name Date of Application Application Number Casco Ventures Shadywood Villas 7/08/2016 W16-38 T e of A lication(check all that a 1 ): �Wetland Boundary or Type ❑No-Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Summary and description of roposed ro�ect(attach additional sheets as necessa ): Casco Ventures have applied for a wetland boundary &type confirmation for the wetlands located at 2525, 2535, 2545 Shadywood Road in the City of Orono, Hennepin County, Minnesota. Legal description: Section 20, Township 117N, Range 23W. The boundary&type approval was requested July 8�', 2016. A wetland delineation was conducted by ISG on May 3rd, 2016. A complete delineation report and WCA application were submitted to MCWD on July 8`t', 2016. One wetland was delineated within the project area. Wetland A was identified as a Type 3, Shallow Marsh wetland. The boundaries will be reviewed in the field by MCWD staff. 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,Subp. 3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title of LGU Contact Person Comments must be received by (minimum 15 Rachel Workin business-day comment period): Permitting Technician 8/1/2016(4:30PM) Address(if different than LGU) Date, time, and location of decision: 15320 Minnetonka Blvd A decision will be made following the review Minnetonka,MN 55345 of the application and completion of the comment eriod. Phone Number and E-mail Address Decision-maker for this application: (952)641-4518 � Staff rworldn rLminnehahacreek.or ❑ Governin Board or Council BWSR Forms 7-1-10 Page 1 of 2 n � r �G ;"// ��{.,;��,(,''� �,� '�t�' Signature. �( � Date: 7/11/2016 3. LIST OF ADDRESSEES � SWCD TEP member: Stacey Lijewsld—stacey.lijewski@hennepin.us � BWSR TEP member: Ben Meyer—ben.meyer@state.mn.us ❑ LGU TEP member(if different than LGU Contact): � DNR TEP Becky Horton-becky.horton@state.mn.us � DNR Regional Office(if different than DNR TEP member): Leslie Parris - leslie.parris@state.mn.us ❑ WD or WMO (if applicable): � Applicant(notice only)and Landowner(if different): toddholmers@gmail.com � Members of the public who requested notice(notice only): ISG(Lucas Mueller)- lucas.mueller@is-grp.com; Christine Mattson- cmattson@ci.orono.mn.us; jiml@charlescudd.com; rdenman@charlescudd.com � Corps of Engineers Project Manager(notice only): Melissa Jenny— melissa.m.jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank lan a lications onl 4.MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/contact/WCA areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf ➢De arhnent of Natural Resources Re ional Offices: NW Reeion: NE RegjOp: Central Re�ion: Soutl�em Reeion: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources 2115 Birchmont Beach Rd.NE 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 Soutt� Bemid'i,MI�' S6601 Grand Ra ids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073 For a map of DNR Administrative Regions,see: http://files.dnr.state.mn.us/aboutdnr/dnr re i�Qdf ➢For a list of Corps of Project Managers:www.mvp.usace.armv.mil/reeulatorv/default.asp?pageid=687 or send to: ➢ US Army Corps of Engineers St.Paul District,ATTN: OP-R 180 Fifth St.East, Suite 700 St. Paul,MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul,MN 55155 � 5. ATTACHMENTS In addition to the application, list any other attachments: � Com lete delinearion re ort BWSR Forms 7-1-10 Page 2 of 2 PC Exhibit F • ' � • � ' � • � � • • � � ' 1 . . e � . e • • • ' � . � � • • ' • . REPORT FOR: FROM: Jim Lillesve Lucas Mueller Charles Cudd Co. ISG 15030 23�d Ave. N. 7900 International Drive, Suite 550 Plymouth, MN 55447 Minneapolis, MN 55425 612.359.1739 952.426.0699 jiml@charlescudd.com lucas.mueller@is-grp.com :��',�,'��„�". `��":��,�,; . . . � . m .��; ' A't:. The purpose and intent of this conservation design is to meet the goals of the City of Orono's Environmental Protection and Natural Resource Management as specified in the Community Management Plan (CMP). In general, these goals pertain to water quality, wetland protection, and preservation and the enhancement of the "rural character" of the City. Emphasis is also placed on the preservation of open spaces in Orono. These open areas include, but are not limited to, woodlands, wetlands, and wildlife habitat. Additionally, the City of Orono's Zoning Code further describes the intent of the conservation design as to reinforce and establish ecological connections throughout the City and preserve and improve the aesthetic views of Orono. Subcategories that are listed within the Environmental Protection section of the CMP help to detail more specific individual goals and guidelines which can be related to the overall goals listed above. Pertinent to this project, the subcategories emphasize development densities, which require no less than two acres per one home. This regulation is enforced in order to maintain the historic identity and character of Orono. Low density developments will assist with the preservation of open spaces and, from a sewer and water systems standpoint, will protect groundwater and surrounding lakes and other surface waters. It is also emphasized that the primary method of sewage treatment and disposal will be used through municipal sanitary systems. Goals for Environmental Protection and Natural Resource Management as specified in the Community Management Plan pertain to water quality and wetland protection and preservation and enhancement of the '�rural character" of the City. Seven lots, one outlout, and a wetland conservation easement are proposed for the 3.67 acre site. The proposed lots range in size from 0.18 to 0.38 acres and the outlot is proposed to be 0.35 acres. Homes will be situated such that there will be negligible effect on the existing trees with five of the seven proposed homes placed within a clear-cut area that occurred in 2012. According to the proposed construction plans on Figure 3, Lots 6 and 7 will impact a portion of Tree Stand Area 1, shown on Figure 1. Area 1 is a low quality tree stand dominated by green ash and boxelder. It is currently proposed that 13 trees (all green ash and boxeider) will be impacted by the home and driveway of lot 6 and 16 trees (75% green ash and boxelder, 25% hackberry and American elm) will be impacted by the home and driveway of Lot 7. Wetland impacts will be avoided altogether and buffers around them will be implemented. The existing landscape is a mixture of grassland, wetland, scattered trees, and small woodlots. The north portion of the project area was clear-cut in 2012, and has since been taken over by herbaceous species and woody shrubs. The open grassland area is now dominated by goldenrod, bull and Canada thistle, smooth brome, stinging nettle, milkweed, burdock, and ground ivy. The young trees and shrubs that are dominating the open clear-cut area are buckthorn and sumac. Shadywood Villas Conservation Design Page 1 The forest stand that runs through the middle of the property (northwest to southeast) and the trees along the edges of the project area consist of green ash, boxelder, American elm, sugar maple, red oak, hickory, hackberry, basswood, cottonwood, white oak, and white spruce. Green ash and boxelder make up 72 percent of the surveyed trees in the project area The dominant vegetation in the wetland community of the property is cattails with a reed canary grass edge. No rare, threatened, or endangered plants were observed when a wetland delineation and tree survey were completed in May and June of 2016. The subject property is located adjacent to the Shadywood Road — Edged Enclosure Corridor described in the Rural Oasis Study was determined for the site. The portion of Shadywood Road closest to the subject parcel is identified as varied enclosure, with portions of the northeast edged with mature trees, and parts are open with a view into the subject property from Shadywood Road. The view of the subject property on the south side from Kelly Road is edged with wetland, sparsely forested areas, and a house with garage visible from the road, but is outside the subject area. The adjacent property to the southeast is wooded residential homes that have an edge enclosure of mature trees between the neighborhood and the subject property. The property to the northwest is Baywind Christian Church. This property contains varied enclosures to the subject property. In general, there appears to be an even combination of positive and negative views from Shadywood Road. Two adjacent homes located in the northeast and southeast corners are visible from Shadywood Road and Kelly Road. The remainder of the subject property and adjacent properties are obscured by tree and shrub vegetation. Please see the attached Photo Log (Appendix D) at the end of this report. MLCCS Data Review Review of MLCCS data, Map 3A-4 of the City of Orono Community Management Plan indicates that level 1 land cover is classified as forests (30000), and herbaceous vegetation (60000) for vegetation communities on the lots at 2525, 2535, 2545 Shadywood Road. More detailed Level 3 MLCCS data classifies land cover as maple-basswood forest with 26-50% cover (32150) and seasonally flooded altered/non-native dominated emergent vegetation (61530) Tree Community Identification Identification of tree communities present on site and a Level 1 Tree Assessment were completed by ISG during a site visit. According to the City of Orono's significant tree stand definition, one significant Shadywood Villas Conservation Design Page 2 i 1 I �. ..r. ,e'-a ,�� -4� � � .i��11 `��.� , __, .. 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Hennepin County Locate & Notify Map PCExhibitG Provided By: Resident and Real Estate Services Date: 6/15/2016 ^ 17-117-23-44 16-117-23-33 � ., � . �,. . , .. , ,� � ��..�.� -----_._..�� _�.e __«a___ _A.._.�_�_ �` 2'1-1 i 7 23-�Z!$.� 24-117-� ,� , !- - �� _ �� .._� .�.,.,..�__ a ` i - �, �, � = # � � ' � � � 1 � � � � J ��..*��g. �..a.�„ •.. � .4 -'11,�Z3�1 �r - -?.2 � ,°' .�`�, � "�� ' x� �- �� , � a �� t. , , ,�. � , _ �4 R „�� ,� �� > 20- �7-�23-1� �w �� p 21-117-23-23 __ � - �. . � _ _ �� _ � J ... � � �� r 20-117-23-14 . . 21-117-23-23 20-117-23-41 21-117-23-32 Buffer Size: 350 feet o �20 2ao 480 ft Map Comments: I i � � I � i � I RECEIVE� For more information contact: Hennepin County GIS Office 300 6th Street South JUI�1 � � ��1� Minneapolis, MN 55487 gis.info@hennepin.us � � � /, � (;ITY OF ORONO L�� -. Hennepin County Locate & Notify Receipt Provided By: Resident and Real Estate Services Print Date Wed Jun 15 09:30:53 2016 This is a receipt only with 'paid' stamp or cash register receipt attached TOTAL COST: $40.00 Company or Homeowner Name: Mark Gronberg Contact Person: 952-473-4141 Subject Property Address: , Comments: 20 117 23 11 0028 0029 0030 Buffer Distance: 350 feet Mail Label Count: 32 38 20-117-23 11 0003 38 20-117-23 11 0007 38 20-117-2311 0021 38 20-117-2311 0022 38 20-117-2311 0023 38 20-117-2311 0027 38 20-117-2311 0028 38 20-117-2311 0029 38 20-117-23 11 0030 38 20-117-23 11 0031 38 20-117-23 11 0032 38 20-117-23 11 0034 38 20-117-2311 0038 38 20-117-2311 0040 38 20-117-2311 0041 38 20-117-23 14 0001 38 20-117-23 14 0002 38 20-117-23 14 0003 38 20-117-23 14 0006 38 20-117-23 14 0018 38 20-117-23 14 0019 38 20-117-23 14 0020 38 20-117-23 14 0021 38 20-117-23 14 0022 38 20-117-23 14 0025 38 20-117-23 14 0026 38 21-117-23 22 0011 38 21-117-23 22 0012 38 21-117-23 22 0013 38 21-117-23 22 0018 38 21-117-23 22 0019 38 21-117-23 22 0020 RECEIVED JUN 2 2 2Q16 # � 8 � � CITY OF ORONO RUN DATE:06/15/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-]17-23 11 0003 38 20-117-23 11 0032 38 20-117-23 14 0019 MARY LANGLAS&JOHN LANGLAS DAVID J DELANEY E J SCHROEDER ET AL TRUSTEES 2585 LYDIARD AVE 38 ADDRESS UNASSIGNED 2565 KELLY AVE ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 MARY E LANGLAS DAV1D J DELANEY GARY SCHROEDER JOHN EGAN LANGLAS PO BOX 721 5922 COUNTY RD 6 2585 LYDIARD AVE LONG LAKE MN 55356 MAPLE PLAIN MN 55359 EXCELSIOR MN 55331 38 20-117-23 I1 0007 38 20-117-23 11 0034 38 20-ll 7-23 14 0020 INTRNATL MWISTERIAL FELSHIP UGORETS 8098 LLC MARK D SCHMIDT ET AL TRES 2560 KELLY AVE 2500 SHADYWOOD RD 2585 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 iNTRNATL MINISTERIAL FELSHIP UGORETS 8098 LLC JAMES A SCHMIDT 2477 SHADYWOOD RD 410 11TH AVE S 2585 KELLY AVE ORONO MN 55331 HOPKINS MN 55343 EXCELSIOR MN 55331 38 20-117-23 ll 0021 38 20-117-23 ll 0038 38 20-]17-23 14 0021 JAMES T WILSON UGORETS 8098 LLC A N WARE&A S WARE 2565 LYDIARD AVE 2520 SHADYWOOD RD 2587 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 IAMES T WILSON UGORETS 8098 LLC ALEXANDER H WARE 2565 LYDIARD AVE 410 I ITH AVE S AMY S WARE EXCELSIOR MN 55331 HOPKINS MN 55343 4403 COUNTRY CLUB RD EDINA MN 55424 38 20-117-23 ll 0022 38 20-117-23 ll 0040 38 20-117-23 14 0022 RITA E HEIMBACH JOHN R LUPKE J S WINE&S W WINE TRUSTEES 2525 KELLY AVE 2595 LYDIARD CIR 2 2605 KELLY AVE ORONO MN 55331 ORONO MN 5533] ORONO MN 55331 RITA E HEIMBACH JOHN R LUPKE JILL S WINE TRUST ?525 KELLY AVE 2595 LYDIARD CIR 18515 STH AVE N EXCELSIOR MN 55331 EXCELSIOR MN 55331 PLYMOUTH MN 55447 38 20-117-?3 ll 0023 38 20-117-23]]0041 38 20-117-23]4 0025 R H PONZETTI&B A PONZETTI JOHN R LUPKE J W EUGSTER&C M EUGSTER 2545 KELLY AVE 2595 LYDIARD CIR 2 2655 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 ROBERT WBARBARA A PONZETTI JOHN R LUPKE JACK EUGSTER/CAROL M EUGSTF.R 2545 KELLY AVE 2595�LYDIARDCIR 2655 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN SS331 EXCELSIOR MN 55331 38 20-117-23 I1 0027 38 20-117-23 74 0001 38 20-117-23]4 0026 INTL MWISTERIAL FELLOWSHIP BONNIEJ LERVIK CHRISTA NEJEZCHLEBA 2477 SHADYWOOD RD 2605 LYDIARD C1R 2625 KELLY AVE ORONO MN SS331 ORONO MN 55331 ORONO MN 5533] INTL MINISTERIAL FELLOWSHIP BONNIE J LERVIK CHRISTA NEJEZCHLEBA P O BOX 100 2605 LYDIARD CIR PO BOX 171 NAVARRE MN 55392 EXCELSIOR MN 55331 SPRING PARK MN 55384 38 20-117-23 11 0028 38 20-117-23 14 0002 38 21-117-23 22 0011 DDK lLC KAREN J O'MALLEY GREGORY QUIRK&STEVEN QUIRK 2535 SHADYWOOD RD 2615 LYDIARD CIR 2570 LYDIARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 DDK LLC KAREN J O'MALLEY GREGORY T QUIRK I S60 BLUFF CREEK DR 2615 LYDIARD CIR 5585 HARDING LA CHASKA MN 55318 EXCELSIOR MN SS331 SHOREWOOD MN 55331 38 20-117-23 11 0029 38 20-117-23 14 0003 38 21-117-23 22 0012 DDK LLC MICHAEL&CYNTHIA M TSYPIS J R HADRAVA/KELSIE K HADRAVA 2545 SHADYWOOD RD 2625 LYDIARD AVE 2636 LYDIARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 DDK LLC MICHAEL TSYPIS JOSHUA R HADRAVA 1560 BLUFF CREEK DR CYNTHIA M TSYPIS 2636 LYDIARD AVE CHASKA MN 55318 2625 LYDIARD AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-2311 0030 38 20-117-23]40006 38 21-117-23220013 DDK LLC J R&S L VOLKMAR TRSTS ASHLEY E SAMLER ET AL 2525 SHADYWOOD RD 2640 KELLY AVE 258.5 SHADYWOOD RD ORONO MN 55331 ORONO MN 5533] ORONO MN 55331 DDK LLC JOHN R&SHERRY L VOLKMAR ASHLEY E SAMLER 1560 BLUFF CREEK DR 2640 KELLY AVE MICHAEL J MAHARAS CHASKA MN 55318 EXCELSIOR MN 55331 2585 SHADYWOOD RD EXCELSIOR MN 55331 38 20-117-23110031 38 20-117-23140018 38 21-117-23220018 DAVID J DELANEY TRUSTEE A J WHITEHEAD/P L WHITEHEAD K D SHERMAN&J D SHERMAN 2465 SHADYWOOD RD 2620 KELLY AVE 2505 OLD BEACH RD ORONO MN 55331 ORONO MN 55331 ORONO MN 55391 DAVID J DELANEY ANDREW JAMES WHITEHEAD KIRK D/JACQUELINE D SHERMAN PO BOX 721 PAMELA LYNN WHiTEHEAD 2505 OLD BEACH RD LONG LAKE MN 55356 2620 KELLY AVE WAYZATA MN 55391 EXCELSIOR MN 55331 RUN DATE:06/IS/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGEi 2 � ' 38 21-117-23 22 0019 T M&A A CODUTE 2535 OLD BEACH RD ORONO MN 55391 THOMAS M&ALICIA A CODUTE 2535 OLD BEACH RD WAYZA"IAMN 55391 38 21-]17-23 22 0020 J FRC-IVALDS&L K FREIVALDS 2585 OLD BEACH RD ORONO MN 55391 JONIV FREIVALDS LINDA KELLEY FREIVALDS 2585 OLD BEACH RD WAYZATA MN 55391 Hem�epin Counry has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as ro merchantabiliry or fitness for a partiwlar purpose regarding the accuracy and/or comple[eness of the information contained herein. RECEIVED � 3 8 � � �� 2z ��,� CITY OF ORONO PC Exhibit H Navarre Area - Pro osed Residential Mixed Use Sites p Existing Zoning Map City of Orono Minnesota I � � , , , �___ � y -� � I --r �- � ; I�'�� -- .._ � r, :� ; � o� - i � � � ! o - I o� t � 9� � � A � � i I � ZONING DISTRICTS Q Proposed Mixed Use Designations � B-1 -Retail Sales �; Open Water �' B-3-Shopping Center �� City Limits - B�-O�ce/Professional � Farcel �— Railroad B-5-Limited Neighborhood N I � LR-1 B-One Family Lakeshore Residential-1 Acre /A�, W Q{�E - LR-1C-One Family Lakeshore Residential-1/2 Acre �� s � LR-1 C-1 -One Family Lakeshore Residential Subdistrict-1/2 Acre � PRD-Planned Residential Development 0 830 1,660 Feet wenewu� •��otune�o..�,...,�.�..�. Source: City of Orono, Bonestroo, Northwest "' '"' " " "" " ' Associated Consultants. Date: May 19,zo�o. MAP 3B-6b PC Exhibit I 16-3847 Sec. 78-626. -Development standards. Within the RPUD district all development shall be in compliance with the following: (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for revi ew. (3) Sewer availability. A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by municipal sewer. (4) Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use, the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) lncentives. The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density(only for properties currently zoned and guided for commercial use) and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios (FARs)shall be limited per the following table: Page 1 ' Maximum Floor Area Comprehensive Plan Designation Ratio* ,. _. _ _._ _. _ _--____ _ ___ � --.._ __ __._ ___.. ' __ _____ _...__.__ ----- _______ __.____ Low or medium density residential (up to 50 and including 6.0 units per ' acre) 0.5 i --- - - - _ � -- -------- — - ---_ _------ -- High density residential (in excess of 6.0 units per acre) , 1.0 , "FAR= Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Deve/opment standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards: a. Sefbacks and separation of uses. Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet, except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site. The setback for parking structures, including decks and ramps, shall be 35 feet from local streets and 50 feet from all other street classifications, except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater, when adjacent to residential properties; 35 feet, when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site.Where industrial uses abut developed or platted single-family lots outside the RPUD site, greater exterior building and parking setbacks may be required in order to provide effective screening.The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features, such as roadways and wetlands, which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential, commercial and industrial property outside the RPUD. b. Height limitations. For properties guided for residential use in the comprehensive plan, a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be allowed. Page 2 c. Oufside storage limitations. Building materials, recreational vehicles, boats, RV's, snowmobiles, and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Deve/opment standards for sing/e-family detached dwellings in the RPUD district. Each RPUD site developed for single-family detached dwellings at medium density(i.e.,densities ranging from one unit per acre to six units per acre)shall be subject to the following standards: a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. c. Minimum lot width at the setback line: 90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arterial streets, as defined in the comprehensive plan. f. Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection(8)e of this section.Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is less. h. Building height: maximum of 30 feet. i. All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures, except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling. A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed. More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted. Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. Page 3 (11) Privafe recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership. All property to be included within a RPUD development shall be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage. Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. (14) Landscaping, screening and buffering. a. Landscape p/an requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads, trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location, approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities, common and botanical names, size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features, including berms, fences and planter boxes; 8. Details of restoration of disturbed areas, including areas to be sodded and seeded; 9. Location and details of irrigation systems; and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas,drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and groundcover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: - - ___ _ __- - . __-- _ Minimum Tree and Shrub Requirements - ---— ------------ ----- --______ _ __ _- - .. --_ _ Vegetation Type Size ' Quantity ---------------—- -- -- ___ _- -- -_-__ __-__ . ._--- _____ __ _ Overstory 2.5-inch bb One tree per 1,000 gross square feet of building footprint area or one deciduous trees (Caliper) . tree per 40 lineal feet of site perimeter,whichever is greater. Page 4 , .__ ___ _. ._ ._ ._ .. ____ - ___ _.___ .__._._------___.. . _ ..___._.__--- .__--_._ . . _ _ _._ ------- _. _ 6-foot height Minimum of 30 percent of required overstory trees must be I Coniferous trees ; ' bb coniferous , ___ _._ _____ ___ ___---- ___ _____ __ _ .--.______________.�_.______._. Understory � 3-gal. potted One shrub per 300 gross square feet of building footprint area or one � shrubs or 18-inch shrub per 30 lineal feet of site perimeter,whichever is greater. i . Not required; but two ornamental deciduous trees may be ' Ornamental 1.5-inch bb ' ', substituted for one required overstory deciduous tree (maximum ' deciduous trees (Caliper) ' substitution equals 25 percent of required overstory deciduous trees) � , Credits for existing trees:The city council shall have sole discretion whether credit shall be granted for '; existing healthy trees In instances where healthy plant materials of acceptable species exist on a site prior to its development,the application of the standards in subsection(14)b of this section may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2'/z inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 1'/ inches. 4. All site areas not covered by buildings, sidewalks, parking lots, driveways,trails, patios, or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one- and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas, except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species. The city shall maintain a list of prohibited species, which shall not be used for landscaping. c. Interior parking/ot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental Page 5 or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of/andscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died, shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Refaining wal/s. Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. f. Landscaping performance security required. When screening, landscaping or other similar improvements to property are required by this division, a letter of credit shall be supplied by the owner in an amount equal to at least 1'/z times the value of such screening, landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping.The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping, if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions, which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. g. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: i. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. ii. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1.The screen shali be designed to employ materials which provide an effective visual barrier during all seasons. Page 6 3. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection (14) of this section shall be of a height needed to accomplish the goals of subsection (14) of this section. Screening methods incorporating roofs over storage, trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection (14)of this section shall be measured at the time of installation. (15) Architectura/standards. a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating, ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials.for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings.The city may, at its discretion, allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures(the term "substantially renovated" shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) F/exibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. (17) Traffic studies. The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts. The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements. Page 7 (18) Building permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) Genera/regulations applicability.The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighfing standards. All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails. When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights-of-way are available, at the city's discretion the trail may utilize the public right-of-way. Trails shall be of bituminous construction, or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No. 202 2nd series, § 1(5), 2-26-2001; Ord. No. 94 3rd series, § 2, 9-24-2012) Page 8 PC Exhibit 1 16-3847 Planning Commission minutes—excerpt May 16,2016 3. #16-3827 RICK DENMAN ON BEHALF OF DDK,LLC,2525,2535,AND 2545 SHADYWOOD ROAD, SKETCH PLAN, 6:38 P.M.—7:12 P.M. Rick Denman,Applicant,was present. Barnhart stated this is a sketch plan for a seven unit single-family residential development,with access provided by a new cul-de-sac off of County Road 19. The site currently consists of three lots. The � proposed lots range in size from 0.16 acres to 0.39 acres. Outlot B is the cul-de-sac street,which will be eliminated,and Outlot A is shown protecting the wetland that is on the southern half of the lot facing Kelly Avenue. The property is currently.zoned for business use. The Comprehensive Plan identifies this property,or at least the property adjacent to Shadywood,as mixed use, with a density range of 4-15 units per acre. The Comprehensive Plan also shows low-medium density residential along Kelly Avenue,primarily within the wetland. To allow this project,the property would need to be re-guided and rezoned. The proposed development is not consistent with the Comprehensive Plan's guidance for the property because the density is too low. The rezoning process would occur concurrently with preliminary plat review. The project will likely be developed as an RPUD,with several variances likely being required. The applicant is proposing single-family residential with a full basement and floor layouts are included in the Planning Commission's packets. One of the things Staff and the applicant are looking for is feedback on the concept plan. The Planning Commission had no questions for Staff. Rick Denman,Charles Cudd Company,indicated he would be able to answer any questions the Planning Commission may have. Schoenzeit asked what the price range of the homes will be. Denman indicated the homes would range between$650,000 and$750,000. Schoenzeit asked if there is a demand for this type of housing in Orono since it is not located on the lake. Schoenzeit noted there are a substantial number of homes in the same price range being built not far from this area. Denman stated they currently have a villa neighborhood that they are constructing in Medina and that he would welcome the Planning Commissioners to take a look at it. The design for this parcel is similar and is targeting the empty nester,which has a strong demand. Thiesse requested Staff discuss the Comprehensive Plan and the recommended changes to it. Barnhart stated the purpose of the Comprehensive Plan is a long-range vision for the area to look for appropriate projects that fit with those goals. The property currently is zoned business. The Navarre plan identified a potential for mixed use on this site in order to meet some density goals of the City. The idea was that these areas had the potentia] for redevelopment,which would call for mixed use. Barnhart stated the challenge is that mixed use generally requires higher density to accommodate the expense of acquisition, clearing of the land,and the different developments. This project does not have Page 1 of 6 , ,. those expenses. There are currently 27 or so acres in the Navarre inixed use area identified for 10 units per acre. Barnhart stated this proposal would not be meeting the City's goals based on the current plans but that he is comfortable the City can make up the three acres somewhere else. The question for the Planning Commission is whether this is an appropriate use for the property. Landgraver asked if the mixed use is specific to a certain portion of the site. Barnhart stated the City has identified a potential for redevelopment when it is listed as mixed use and that it could be commercial or something else. Leskinen noted a few years ago a memory care facility was discussed for this site, which was fitting for this location. Leskinen stated in her view seven homes crammed into a few acres does not meet the City's density goals and that she is not sure about changing the zoning for this particular property given the fact that there is a church next to this property and a couple of grocery stores nearby. Leskinen noted this area also has a substantial amount of traffic. Schoenzeit asked if this project is far enough along to ask Hennepin County about the access. Barnhart stated it is not but that Staff has been meeting with them on a couple of other projects and that they have informally indicated they would not be opposed to it. Thiesse stated the guided use is greater than what is being proposed and that he would be surprised if Hennepin County would be opposed to it. Barnhart stated as this segment of Shadywood develops or redevelops,the accesses for the church,the subject property, and the former Freshwater parcels will be consolidated and coordinated, which will help to reduce the turning movements in that stretch of roadway. Hennepin County is supportive of that coordination. The proposed access also closely lines up with a future shared access for the Freshwater properties. Landgraver asked if the applicant has considered increasing the density, such as having a townhome or two. Denman stated from an economic standpoint,the risk goes up when the homes are attached. Denman stated from a marketing and financial standpoint, it is easier to construct single-family homes. Thiesse asked how the stormwater would be treated before reaching the wetland. Denman indicated there would likely be a stormwater pond in the corner but that the engineering has not been completed at this point. Thiesse asked what zoning would apply if the lots are combined. Barnhart stated as part of the process,the platting,rezoning, and Comprehensive Plan amendment would all be done at the same time. Leskinen asked if this proposal would require approval by the Metropolitan Council. Barnhart indicated it is Staff's belief that it will. Barnhart stated the Metropolitan Council recognizes the market demands and that they just want to make sure the City provides the opportunity for higher density. Staff will be looking for other areas of the City that could be developed at a higher density. Page 2 of 6 �• . Schoenzeit asked if there is any opportunity to include any of the neighboring property to avoid the orphaned sections. Denman stated the church is next door,with single-family residential next to that and does not connect due to the wetland. Denman stated he is not sure what property he could combine with it. Tbiesse stated what he likes about this is the fact that there is residential to the south,with no entrances or exits on Kelly. Thiesse stated it seems to be a relatively good start to a compromised transition zone for this area. Schwingler indicated he is in agreement with that. Schwingler stated the issue of density has to be taken into account along with the traffic. Schwingler stated not hitting the density goal is a good thing in a way. Schwingler asked if finding the other three acres elsewhere in the City would be difficult. Barnhart stated in his view Staff would be able to find three acres elsewhere. Thiesse asked whether the applicant would like direction on any specific items. Denman stated they would like to construct a berm with fencing along County Road 19. Denman stated they do want to create a buffer zone along County Road 19 with landscaping and a fence. Leskinen asked if Charles Cudd would be the sole builder of the property. Denman stated that is their intention currently. Barnhart stated Staff would like to see some buffering to separate the living space from County Road 19. Denman stated this is a good location for the product. Denman stated if the Planning Commission has any concerns about small homes on small lots,he would encourage them to visit some of their other sites that they have developed. Denman stated on the west side of the Medina Country Club there are two model homes that are both villas that are on 55-foot lots. These are 50-foot lots but the setbacks are the same, with 14 feet between the buildings at a minimum. Thiesse noted since this is a sketch plan,a public hearing is not required. Barnhart noted the City did receive a comment that has been distributed to the Planning Commissioners. The first concern related to the wetland and the other concern related to the wildlife areas that will be impacted. At the time of preliminary plat,there will be a public hearing. Barnhart stated he expects an application in August,with the public hearing likely occurring in September. As part of that application there will be a rezoning request. Landgraver noted these units would like�y not qualify for affordable housing. Landgraver asked whether the Planning Commission should discuss affordable housing. Barnhart indicated affordable housing is a goal of the Comprehensive Plan and that these homes would not be considered affordable homes. Barnhart stated if affordable housing is a goal of the Planning Commission,this would be the time to discuss that. Schoenzeit stated in his view whenever residents come to a meeting,they should have a chance to speak even if a public hearing is not required. Page 3 of 6 , ., Thiesse asked whether anyone from the public would like to comment on this item. No public comments were received. The Planning Commission took no formal action on this item. Page 4 of 6 �• , City Council minutes—excerpt June 13,2016 10. #16-3827 RICK DENMAN/CHARLES CUDD,LLC,FOR OWNER DDK,LLC,2525 KELLY AVENUE,2535 AND 2545 SHADYWOOD ROAD, SKETCH PLAN Community Development Director Barnhart stated the applicant is seeking comments related to a sketch plan for a proposed subdivision of three separate parcels into seven building lots and two outlots. The project will ultimately require preliminary and final plat, Comprehensive Plan and zoning map amendments. The project includes seven single-family home sites ranging in size from 0.16 acres to 0.39 acres. Access far all lots will be via a new road off of Shadywood Road that will line up with a future access for the Freshwater parcel on the east side of Shadywood. No direct access will occur off of Kelly Avenue and the existing wetland on the lot fronting Kelly Avenue will not be impacted. The homes will be served by city water and sanitary sewer. The applicant has provided some elevation samples for a 1,400 square foot single-level home with a full basement. The layouts are tentative and are intended for discussion purposes. The developer has also provided a monument sample. The issue that Staff has is that the property is guided for mixed use/residential,with a guided density of four units per acre. The project proposes 2.99 units per acre,but the final density is expected to increase above three units when the wetland and buffer boundaries are better defined. The property is zoned B-4 Office/Professional,which does not allow residential uses. The units are proposed to be detached and are consequently lower than what is proposed in the Comprehensive Plan. The City Council should discuss whether single-family residential is appropriate on this site. Staff and the applicant are looking for direction as to the appropriateness of the proposal. Printup asked if the site is guided for mixed use. Barnhart indicated it is and that it is guided far four units per acre. Barnhart stated one of the things Staff looked at was along Shadywood. A number of comments have been received in the past about the traffic on Shadywood and that Staff and the MN Department of Transportation are attempting to look at long-term solutions to ease traffic in that area. One option is to consolidate some of the turning movements,with this parcel being one of those pieces being looked at for consolidation. Barnhart stated this application provides the City with the opportunity to combine all of those accesses into one area. The applicant has set this up so that when the Freshwater parcel develops, that access will line up and shift to the corner of that site and at some point the access to the church will be changed as well. Walsh stated a big office building will likely generate more traffic to this site. Walsh commented consolidating the accesses is a long-term vision and that he is in agreement that it is a tough area for traffic. Walsh stated hopefully the City can get that cleaned up at some point. Cornick stated it is critical to note that Staff feels that if the City goes ahead with this project,there are other areas where the City can increase the density. Page 5 of 6 � 'r Barnhart stated this represents one of the few green field areas for new growth and that those are typically the easiest to develop. Barnhart stated there are other opportunities but that they are limited, especially in the Navarre area, and that the City Council will need to discuss that component of it. Rick Denman, Charles Cudd, stated it is a unique piece of property. 'The site is bordered by single-family to the southeast side and is a transitional piece. Denman stated the property allows them to showcase a viable product for the site and that they have done a lot of luxury detached homes for empty nesters in other areas. Denman noted Mayor McMillan visited one of their sites in Medina and that he would invite the rest of the Council to visit it. Denman indicated they would like some feedback to see whether they should pursue this. Printup stated it makes sense overall to align the driveways. Printup noted the density issue was also raised during the Planning Commission meeting,which was good,and that he would like to hear from the neighbors. Andrew Whitehead,2620 Kelly Avenue, stated single-family housing would be nice on this site since there is other single-fainily housing in the area. Whitehead stated he is assuming the pond will stay and that runoff might be their only concern since they have had water issues in the past. Whitehead stated he does not have a comment on how many houses should be on the site but that if it is too many,he is assuming there will be some complaints from the neighbors. Walsh asked what he thinks about mixed use for the site. Whitehead stated he likes the single-family and that he is not sure whether more businesses are required in that area. Whitehead stated he definitely prefers single-family housing versus an apartment building. Walsh commented he likes detached housing for this site and that from a commercial standpoint, given the location of the site,there would need to be a destination business to make it viable. Walsh stated he likes the direction the applicant is proposing from the direction of detached housing given the residential housing nearby. Whitehead stated if the homes could be nestled in that would be nice. Whitehead noted there is also a lot of wildlife in there as well. Printup noted the question regarding the size of the lots came up. Barnhart indicated the lots would range in size from 0.16 acres to 0.39 acres in size. Barnhart stated the challenge from the density question is where else the City can put higher density and that most of the areas in Navarre are established neighborhoods, which makes it difficult to increase the density on those sites or other nearby sites. Walsh commented those are good points and is something the Council needs to think about. Walsh stated when there is a good opportunity in front of the Council,they need to deal with that as well. Printup stated he likes the single-family concept as well. Cornick stated he also likes the concept. The City Council took no formal action on this item. Page 6 of 6 City of Orono Density & HH Calculation Log PC Exhibit K 16-3847 As approved as part c' ?03C Cem;��ehensivF �I�� - I�t�e� e��oa�� ,�, ;.ii� � c e Fl t e `u�`��-; q,ti r�: Density Range Category Min Max Net Atres Min Units Max Units Low Density(D,E) 0.5 2 123.16 62 246 Med-High(A) 7 10 52.85 370 529 High Density(A,B,C) 10 15 19.79 198 297 Mixed Use(F) 4 15 27.52 110 413 Plat Monitoring 79.64 272 � � �rE� [�, syol�,—;X„� �a�. _ � �!�sa, �- Overall Density 334 4.90 1he obove is the densitv table in the Courcll stoff repon 1or the Citv's 2004 �_C�_ _�;� ��_nc;�_ Table based on informotion found in supplemental materiols received lune 1,2010. Adapted from text and inJormation in Table 3B-4c,with specific locations identified on Map 3B-6a. As Approved,including Orono Preserve and Eisinger Meadows - . �t:�;_ e e�S",',�;�,�'A, �.,,v�•.:.�, t :m,;,.�.�tr+�,�'� _ Density Range Category Min Max Net Acres Min Units Max Units Low Density(D,E) 0.5 2 125.71 63 251 Medium Density 3 7 17.56 58 123 Med-High(A) 7 10 40.27 282 403 High Density(A,B,C) 10 15 14.81 148 222 Mixed Use(F) 4 15 27.52 110 413 Plat Monitoring 2000-2014 91.67 �g7 Overall Density 3.0 4.45 Proposed impact of Shadywood Villas ��a .�;.e-�•. . -�_ �'6F 6' - b t k-'or. _. � . . . . .. .. .. .. ..�V Density Range Category Min Max Net Acres Min Units Max Units Low Density(D,E) 0.5 2 125.71 63 251 Medium Density 3 7 %��.hs 72 13g Add 2129 acres,7 actual dwelling units Med-High(A) 7 10 40.27 282 403 High Density(A,B,C) 10 15 14.81 148 222 Mixed Use(F) 4 15 Z6.11 104 392 Remove 1.41 acres Plat Monitoring 2000-2014 91.67 287 � �� ''��•��-,�� ,�'-=�-� `�`�� ;��v•� Overall net acres have increased because Low-Med density not including in original calculation Overall Density 3.004 4.42 Still at 3 units an acre Jeremy Barnhart From: jill • Sent: Saturday, May 14, 2016 10:13 AM To: Jeremy Barnhart Subject: RE: Packet information Thank you for sending the information on the Shadywood Road proposal so quickly, and your courteous phone responses. I plan to attend Monday's meeting as we have concerns for the wetland and wildlife areas that will be impacted. Jill Bauer Bruce Bauer 952-471-9084 From:jbarnhart@ci.orono.mn.us ---� - ---� = 6- _ _� To: Subject: Packet information Date: Fri, 13 May 2016 14:50:30+0000 ]eremy 8arnhart,AICP Community Development Director Direct 952.249.4626 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Website: www.ci.orono.mn.us 1 Jeremy Barnhart From: Cathy Meagher<CathyMeaghe� Sent: Tuesday, May 17, 2016 6:57 AM To: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver(klandgraver@gmail.com); Bruce Lemke(bruce@plantscapeinc.com); olsonc116@gmail.com; Loren Schoenzeit (lorens@3dlake.com); Jon Schwingler(jonschwing@aol.com); John Thiesse (jthiesse@srfconsulting.com); Christopher McGrann (c_mcgrann@hotmail.com); Jeremy Barnhart Subject: 16-3827 I was at the planning commission meeting tonight to hear the discussion about 16-3827. I realize this is at the very preliminary stages. However, I am very concerned that the group casually discussed the combining of the three properties, especially hearing that the zoning would be the mixed use of the Shadywood properties not the single family residential of the Kelly Avenue property. Kelly Avenue is a single family residential neighborhood, and this lot on Kelly Avenue should not be re-zoned or combined with the other two. I have to agree with Denise Leskinen's statement that a small mini-development of seven houses on this property does not fit in with either the Kelly Avenue neighborhood and surrounding area, or with the Shadywood Road neighborhood and surrounding area. I found it interesting that the material for this proposal contained the statement "the upper area was clear cut of trees some years ago..." as if it were done by some unnamed unknown person. If my memory is correct the owner of the property at that time was the same DDK as is listed as current owner. Was any assessment ever made for the illegal cutting of the trees? Would this owner be any more concerned and considerate of the wetland? Some of the conversation was difficult for the audience to hear, as not everyone spoke into the microphones every time. I am not sure of the next steps in this process. Know that there is a great deal of concern in the neighborhood. We will wait to hear about the next steps. Catherine Meagher 2720 Kelly Avenue � Virus-free. www.avast.com � Jeremy Barnhart From: jill <bandjbauer Sent: Thursday, July 14, 2016 2:32 PM To: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver(klandgraver@gmail.com); Bruce Lemke (bruce@plantscapeinc.com); olsoncll6@gmail.com; Loren Schoenzeit(lorens@ 3dlake.com); Jon Schwingler(jonschwing@aol.com); John Thiesse Qthiesse@srfconsulting.com); Christopher McGrann (c_mcgrann@hotmail.com); Jeremy Barnhart Cc: cathymeagher� fervik : jameswilsoncpa� Karen.J.Omalley; iudyfredrickson Janice Berg 1MF; pidickmanr Ellie Langlas Subject: #16-3847 --2525 Kelly, 2535-2545 Shadywood We urge the Planning Commission to NOT recommend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Shadywood at the meeting on Monday, July 18. It should also be made clear that any future development proposals must comply with current zoning. We have lived in this older, established neighborhood, on Lydiard Avenue, for 23 years. The proposed plan does not fit with our neighborhood and the surrounding area. This plan will negatively impact our wetland areas, wildlife areas and the natural beauty of our neighborhood as well as add to traffic along County Road 19--already congested and dangerous. Any future development must comply with existing zoning, The property owner, DDK, should not have purchased it without awareness of its zoning and acceptable uses. Thank you, Bruce and Jill Bauer 2660 Lydiard Avenue i Jeremy Barnhart From: lervik Sent: Friday, July 15, 2016 7:27 AM To: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver(klandgraver@gmail.com); Bruce Lemke (bruce@plantscapeinc.com); olsoncll6@gmail.com; Loren Schoenzeit(lorens@ 3dlake.com); Jon Schwingler Qonschwing@aol.com); John Thiesse (jthiesse@srfconsulting.com); Christopher McGrann (c_mcgrann@hotmail.com); Jeremy Barnhart Cc: cathymeaghei Karen.J.Omalley; Jill and Bruce Bauer Subject: #16-3847--2525 Kelly, 2535-2545 Shadywood I urge the Planning Commission to NOT recommend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Shadywood Road at the meeting on Monday, July 18. It should also be made clear that any future development proposals must comply with current zoning of the properties. I have lived in this older, established neighborhood, on Lydiard Circle, for 26 years. The proposed plan does not fit with our neighborhood and the surrounding area. This plan will negatively impact our wetland areas, wildlife areas and the natural beauty of our neighborhood. In addition the proposal will add to traffic along County Road 19--already congested and dangerous. Any future development must comply with the existing zoning, The property owner, DDK, should not have purchased the property without awareness of the zoning and acceptable uses. Thank you, Bonnie Lervik 2605 Lydiard Circle i q � �. �.. �� ,n �� . � Le end ��+ ��r��i� �� ' ��` �; PC Exhibit M g . . ` � � Project Area � e . o Significant Trees � r '� �_ �� - � � �_. . . � �,, ` UnsurveyedTreeArea ,� ' :� � �� ♦ • � �� .. ,�� 20ft Wetland Setback ` � � � � � :�'�' � '��t t€ �� '� �`' � � ,_ - : � � , '� ' ` ��' . � �1'� , ��'�; � --- -- 35ft Wetland Setback ' . # '° ° rea 3 �� `� f . ,;,. ., `�� '`� . �� i s,. , � � �. q � �� . . . �,.� - �� P,�`r..� . ,�"��4,- ti', ..... k-` .a � �. _-A �� . sR s� -gL , . � < �.'`�� .. � � �`�"' � �� . �� "` � . �.. . � � ��'��s;,�, � ��'��?.��5' � �.�..� . •• • �.,� � „'� �4� � ` p��.,e \�'�. �' `x � 4, A. t`�.�,�R'ku . . �� ..'`, �,+�`,<' 6?x ` ��y - Y� ~:a,4�8 T. . • �� „�: . ... ��#-tda*, .;�*„r � �'�,�i'` �'° �'' �� `+� i'.j" ,�l^ ��.., 4z: � � . � . .; t � ,. - . -, n g r �V 6 .� H ��. . '�a '� +:.� i'f�. �� .. �v;,y; . . r �z��h,. . ' i{g . . � � � �� ,t�- - � '� +w `b� .. . � Y iG' ,.�..`t� ,. � ' ��``., �� . ��-. . 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'`�. . ;rr . a,� , , � � ' , � �.� �� `Rr�a 4.��'�� =a�,� � � �4� '�� "�� '��, �`+ � '� , _ < .< ., � � � }» � ;;� �� • �r�.,.,,�b _ s . - , � � : , �,� .t fF� : f£��" �� ",�• ; �'� �' ' Area �. vor�inated by green ash and boxelder with ` �� '�„ #.� �� '' IDS. �, ,'�;°��`'� 9= buckthorn and prickly ash understory ' �"�w�. '�t,� � :�� ...��ot :�w j�� M �^ . . � . �. :d '3,1 ' .}"'�� y '��4�,4, '`,��,-;� �. �� , � , Area 2: Dominated by green ash and boxelder with "'� � ^ higher qualiry sugar maple present. Buckthorn and �� , � � �'� � �' �� '.� � �` f =° _ ' prickly ash understory. �,� ,�,� �' '�► �, •r � t# � �. � � ''..., . ,�'� , � � =� Area 3: Higher quality area dominated by mature sugar , � . , ��F��`l �.� maple and cottonwood. Most mature trees on site. � :�; �`� �� ,' «, � �. :�'�t�� _�°``Y, � � �:` Area 4: Area dominated by green ash and boxelder with . ;�• � .. t,�: ; black willow present on edges near wetland. Understory , , +: .. g "��; �. ' -'`z t". 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P1 .y., t$ 8 {� - `..1?^ `�. ............—e . ...�.a.e...�s�...ea...a,-.,..._,»,.--_"'.<.a—.....R. PN:16•18874 Figure 3 SOU�ce(5): qthophom(USDA,NAIP,FIannepin201� o zo ao BF�t Site Overlay Map 1 inch=80 feet 2525,2535,2545 Shadywood Road Friday,��iyoa,2ois Orono,Minnesota : , �� . PC Exhibit N Hennepin County - . Public Works Transportation Department James N. Grube P.E., County Highway Engineer 612-596-0300, Phone 1600 Prairie Drive 612-321-3410, Fax Medina, Minnesota 55340 www.hennepin.us/transportation July 14, 2016 Mr.Jeremy Barnhart Community Development Director City of Orono P.O.Box 66 Orono, MN 55323 Re: Preliminary Plat Review-Shadywood Villas County Road 19 (Shadywood Road) Hennepin County Plat Review ID #3448A Dear Mr.Barnhart: Minnesota Statutes 505.02,505.03,and 462.358,Plats and Surveys,allow up to 30 days for county review of preliminary plats abutting county roads.The preliminary plat for Shadywood Villas was received by Hennepin County on June 28,2016.This preliminary plat proposes the development of 7 single family homes over 3 vacant parcels.The Hennepin County Plat Review Committee discussed this plat on July 12,2016 and made the following comments: Access-This plat proposes a single access driveway ending in a cul-de-sac.Given this location is only approximately 90'to the east of the adjacent church driveway,a more preferred access location would be near the existing boundary between 2535 and 2545 Shadywood Rood.If however,design cannot be reasonably reconfigured to accommodate this request,the existing proposed access is acceptable.Please ensure an adequate,level,at-grade, driveway landing at the county road entry. Right-of-Way-The existing half right-of-way along this section is 33'.In our 2019-2020 reconstruction project,we envision a 3-lane urban section roadway with a center 2-way left turn and curb&gutter.We do not believe turn-lanes will be necessary for this development. Additionally,we have a shared vision with Three Rivers Parks District of an Off-Road Trail through this corridor.To accommodate these enhancements as well as maintaining the existing 6'shoulder, we are requesting a dedication of a minimum of 22'to match a 55'half section. Additional Comments- • Ensure the proposed drainage pond has adequate storage capacity and that the on-site drainage will not outlet into the county storm sewer system. • An internal sidewalk or trail connection to the county road and future trail would be preferred. • Provide demonstration of adequate entering sight distance to the left. � �',� , • Permits- Please inform the developer that all proposed construction within county right-of-way requires an approved Hennepin County permit prior to beginning construction.This includes,but is not limited to driveway and street access,drainage and utility construction,trail development,and landscaping. Permit questions can be directed to Steve Groen at(612) 596-0337 or steven.aroenCc�henne in f Please contact Bob Byers(612)596-0354,txtbert versCa�henn�or]ason Gottfi-ied(612)596-0394, Iason,go�Ji�ed(c�henne In US for any further discussion of these items. Sincerely, /�•-�"��ac.., James N. Grube, P.E. County Highway Engineer JNG/jdg cc: Plat Review Committee; Mark Larsen, Hennepin County Survey Office . Date Application Received: 06/23/16 �O�O Date Application Considered as Complete:07/07/16 60-Day Review Period Expires: 09/05/16 To: Chair Thiesse and Planning Commission Members y ,� Jessica Loftus, City Administrator `�� qkFSH�� From: Melanie Curtis, Planner mcc Date: 14 July 2016 Subject: #16-3849, Able Energy Co., o/b/o Tom Robb, 570 Big Island, Variances Public Hearing Application Summary: The applicant is requesting a side yard setback and average lakeshore setback in order to install solar panels on the roof of the existing cabin. Staff Recommendation: Planning Department Staff recommends approval. List of Exhibits ExhibitA. Application Exhibit 8. Practical Difficulties Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans Exhibit E. Septic Memo Exhibit F. City Code Excerpts Exhibit G. Aerial Photos Exhibit H. Property Owners List Exhibit l. Plat Map Background The existing 1950's cabin on the property is situated as close as 1.2 feet from the west side lot line (City right-of-way) and 64 feet lakeward of the average lakeshore setback, based on the ►ocation of the home on the property to the east at 560 Big Island. The applicant is proposing to install flush mount solar panels on the existing roof of the cabin. City Code Section allows roof mounted solar panels on the roof of a structure meeting the required setbacks. The required setback from a platted right-of-way on Big Island is 30 feet,therefore variances are required. LOT ANALYSIS WORKSHEET Section 78-570&78-1279-Setbacks: RS District Required Existing Proposed Rear 30' 86' No change Side Street (ROW) 30' 1.2' cabin No change 0.7' deck East Side* 30' 93' No change Lakeshore 75' 130' No change Average Lakeshore The existing cabin is 64 feet lakeward of the average lakeshore setback. *Note:the property is 142 feet wide. A ) FILE#16-3849 14 July 2016 Page 2 of 4 Section 78-570-Lot Area/Width: RS District Lot Area Lot Width Required 217,800 s.f. (5.0 acres) 200' Actual 32,729 s.f. (0.75 acre) 133' @ 75' / 142'@ OHWL Applicable Regulations: Side Setback Variance (Section 78-570) The RS district requires a 30-foot setback from platted rights-of-way.The existing cabin is set back 1.2'from the right-of-way and the elevated deck is 0.7'from the right-of-way.The code permits roof mounted solar panels to be installed on buildings and stipulates that the required structural setbacks must be met.A variance is required. Avera�e Lakeshore Setback Variance (Section 78-1279) The cabin on the property to the east,which determines the average lakeshore setback, is situated approximately 194 feet from the OHWL;the applicant's cabin is approximately 130 feet from the OHWL. A variance is required. Governing Regulation:Variance (Section 78-123) In reviewing 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. Economic considerations alone do not constitute practical difficulties. Practical difficulties also 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 Minn. Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances are minimal and generally consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Installation of solar panels on the existing cabin is a reasonable use of the property, the existing setbacks of the cabin necessitate variances. b. There are circumstances unique to the property not created by the landowner; The cabin's location lakeward of the average lakeshore setback line and within the required 30-foot side setback;the separation between the subject cabin and FILE#16-3849 14 July 2016 Page 3 of 4 the neighboring cabins; and the existing tree stands combined with the elevation result in a unique circumstance not created by the landowner allowing for the cabin and therefore the solar panels to be almost completely screened from views off the property, and c. The variance will not alter the essential character of the locality. The solar panels will not be visually obtrusive and will screened from views from off of the property adequately by existing vegetation and the topography. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Practical difficulties also 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 Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. Orono's code permits only roof mounted solar panels to be constructed.The roof of the nonconforming cabin is the only place where solar panels are permitted on the property. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The cabin is an existing nonconforming structure and the property contains a large number of mature trees for screening. The topography increases as it moves away from the lake and toward the property at 560 Big Island.The property on the western side of the right-of-way is separated from the applicanYs cabin by approximately 30 feet and sits slightly below the applicant's cabin.The proposed solar panels will not adversely impact adjacent properties. 6. The conditions do not apply generally to other land or structures in the district in which the land is located.The proposal does not appear to be out of character with the area. 7. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.This criterion appears to be met. 8. 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.The proposed solar panels on the roof of the cabin will not impair the health, safety, comfort or morals of the public. 9. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.This statement is true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Please see the attached memo from Orono's Building Official, Roger Peitso, regarding the septic system (Exhibit E). Practical Difficulties Applicant should be asked to discuss the Practical Difficulties regarding the application. Practical Difficulties Analysis Staff finds that due to the Code requirement for solar panels and the existing cabin on the property in a nonconforming location,there is no conforming way for the applicant to install solar FILE#16-3849 14 July 2016 Page 4 of 4 panels on the property.The solar panels will not be visually obtrusive to either of the neighboring properties or when viewed from the lake. Public Comments No public comments were received at the time of the drafting of this memo. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonabie manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. Cit of Orono ��hibitA Y Variance Apptication Street Address: Applicatfon# /� — 8' ��0 2750 Ke11ey Parkway — Orono,MN 55356 DatB Recefved: sa. Main: 952-248-4600 S��: fax: 952-249-4618 Fee: ,�1 � Malllnq Address: Escrow#&$ � � P.O.Box 68 '� C�~ Crystal Bay,MN 5532�0066 PeRnit F@2 t'�kESH�� Notes: Please complete. Applicant will be notified within 'f5 days as to the status of the application. lncomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: $70 Big (sland, Orono MN, 55391 DESCRPTION OF REQUEST: Installation of roof top mounted solar pv electric system (at#ached additional sheets as necessary) APPLlCANT 1 AGENT tNFORMATION: Applicant Name: Able Energy Co. Phone(Primary}: 715 629-9335 Applicant Email: sean cQwe nowsolar.com Address: �200 H�,�cnn RI��_ N. City:Oakdaie MN Z�p•55128 Applicant is: Cantractor Flomeowner (Circle One} ' PROPERTY OWNER INFORMATION: ❑ check here if properry owner is same as applicant Name: Tom Robb Phone(Primary): {612}7g9-3278 Mailing Address: 570 Bi Island Cit�:Orono MN Z!P•��a1 Email: stisland570 ahao.com APPLICANT/AGENT AND10R OWNER: • P�gree to provide all information required or requested by the Planning Departrnent, • Agree to pay additional fees (staff ffme not covered In the origir�al fee paymerrt)and/or consultant e�pensss ina�rred In revlew of this application,and • Certify that the lnformation supplisd is true and correct to the best af hislher Imowledga. The appllcant and awner recognlze that they are sotely responsible for submttting a complete appllcatlon being aware that upan failure to do so,the staff haa no altemative but to rejeat it untll tt Is complete or to recommand the request tor denlal of the request regardless of Its patentlal merlt. • Adcnowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowleclges and agrees to Ehis application and further authorizes reasonable entry onto the property by City Staff,consultants,agents,Commission and Councll Members for purposes of inves'tigation and verificatlon of th(s request. � • Owner and/or Applicant acknowledge they must be present at all scheduled review meetln9s of the Planning Commisslon and Council. If an applicant andlor owner is unable to attend a scheduled meeting, pleasa make errengement� to have an authorized representative attend In place of the appllcanUowner and advise the City Planner assigned to your proJect. ApplicanUAgent Signature: �1,... /�;,,,,�-- ,_Date: 0 6/2 3/2 016 Applicarrt/Agent Signature: Date: Property Owner Signature: Date: 0 6/2 3/2 016 Property Owner Signature: �{�C�� Varlance Application—May 2016 JUN 2 3 ZO16 Page 2 ��oFORoNo #�a 3 8 � � ' PC Exhibit 8 PRACTICAL DIFFICULTIES DOCUMENTAT�QN FORM Thls farm is a required submittal for ALL variance apptications. An apptication 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 vafid practical difficultfes. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merEt must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine K practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address al(the relevant points listed below and answer them as cleariy as possible. Since you are requesting the code exception, you have the burden of provfng that the variance 1s Justffied. 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 criterfa as they relate to the request, if they do not apply, write N/A in the space provided: 1. "N A property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter_° 2. "The plight of the fandowner is due to circumstancss unique to his praperty not created by the landowner." Yes, owner would iike salar instal{ed on his cabin that was built before set back requirements and does not fit within the existinq perimeters. 3. "The variance, if granted,will not alter the essential character of the locality." Correct, it is flush rooftop mounted solar, frts in roof footprint 4. "Economic considerations alone do not constitute practicaf di�culties if reasonable use for the properEy exists under the terms of the Zoning Chapter." N/A 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 canstruction as defined in Minnesota Statutes,Section 116J.06, Subd.2, when in harmony with this Chapter.°. Rooftop flush mounted solar PV electric system on existing cabin with minima[shading. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed uNnldA r this Chapter for property in the zone where the affected person's land is located." RECEIVED JIJN 2 � 2016 Variance Appllcatlon-May 2016 Page 4 (,��/OF ORONO #� 38 � 9 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling," N/A 8, "The special conditions applying to the siructure or land in question are peculiar#o such property or immediately adjoining property." N/A 9. °��Aconditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the a�pplicant" Yes, Solar PV Electr'tc is economically and environmentally responsible. 11, "The granting of tf�e 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 Cade." Solar Energy allows for reduced pollution, increases health of the community. 12, "The granting af such variance will not merely serve as a convenience to the applicant, but is necessary ko alleviate demonstrable difficulty.° N/A Practical Difficultles Statement Should you feel the practical difficulties cannot fuily be described in the above criteria, describe the practical d�culties preventing compliance with Zoning Ordinance requirements in the following lines (attach additiona! sheets if necessary): �u� 2 � za�s C1TY OF ORONO Variance Applfcation-May 2018 Pege 5 � 38 � 9 CERTIFICATE 4F SURVEY ��z•p,��-w.., _ LEGAL DESCRIPTION: gi� � � LOTS 19, 20, AND 21 , PLEASANT V1EW LAKE � � „` MINNE70NKA, HENNEPIN COUNTY, MINNESOTA \ � � \ fi �' J�o 1 ``' � � � � � fil7- � / i � � �_�H o1 oH/— '' �7 1 �� '`�y \ � 1/2'�IPE YI/CAP 9235� ^, � + � ��` C7�1 !—Er � PPE � � ' j • NNr,ypR� �` „� � � / .PREPARED FOR: �� a ,�� 3�s � "ar �' � S,4.4�'S5 �p) ! � � t,�a / Tom Robb � � ) , E 1 � / � 570 Big Island J � 8- /�j ; �N 375 �pL J 1�S. � � � Orona, MN 55331 � � \ �lWppD� � l T� 37, s �\ /� \ (�,FRAME � � I �p�� /2" PIP � I I \HED � j { I ! � � -� I / °� 37.2 14 � � � � � _, , �� 1 � 1 � � � � 1� W � � � � a � 4 , � ,9c\ \�\ � / \� \ 0 1 ` ,� � HOUSE / I ''`�O \\ \\ \ � o ° � ` � 956� �' #'rJ�� f rN \ � � � �� C\�� \ ! ' `'- � � � i \ � �o x w \�� \ �� \ � ' ' \� � \\ \ � �95 � ` ��.2 � � � \ � �.� �� \\ � �\ -}� 4--- COVERED PORC 4i f ��o: x � � � � \ � � J� 29.9 � ao � � � �� \ �p - � �EIEVATED DECK 2 9'�� J fV � �z � \ \\ � � \ \\ �N `952-- -- r � � \ � \ ELEVATED I � p� � ��p�; �� \\ � �� ,.`_'9sa-- �_ � QECK (A7 DECK i HOUSE � � �� g4 ' � G�DE) � \ ' _ g 934-,1--. �570 n � � � � � � - -� � - 0.7 Qg 1 �� '� �� -- - -� - -945--- --- � 1 a�- � � � \ � � � - � DECK (AT ` -... � � � --- --- , l �cq-4-- l ! GRADE) � 932 �%^ : � ` � �� --f- -- _ � � � � --- - � � � � �� ao �� -9��- l �� J I � ~� � {-� \\ � \\ � � \��- .r� �/ SEASON I � d f`� � ` ` - � -...� � � .._ ,� -��g40-' PORCH ° �.� J � � � I OVERHAN� ' z � ,�: -!� _ � !-- � � �" - - - - I ( � Q �ii ' � \ � —/� _ ___GJC�^ � � � ^ � � 7C\ / � � � j� � � _ ` � �� \ _ � _ _- ' � � ` f �,+ ... f'~ � � � ` -- -� — — --`%5(>-_ W --' \� � 1 I c�.,r 3� `' \�� N , � ' � � ��r� r ; " ��"' �% � �, f \� �934� �N 1) THIS SURVEY WAS ' � � `" PERFORMED WITHOUT THE I � °� --, � � J f 9� / BENEFIT OF A TITLE � �'% y � �� 3 / INSURANCE COMMITMENT '� I + �N / 2) ADDRESS OF THE 1 � ) �� / SUBJECT PROPERTY: 570 BIG � k j ! ,; � �� ISL�,ND, ORONO, MN 55331 ! � '�i0� � j {N // � P.f.D.:22—� ��-23-3�—oo2s / r I � � � SQ. � RCEL AREA: 32,729 � � 1/s• P�e w ca+ � Q 1 50 LAT) f ` Sy�D � / �0 I o\ 8•s . �/z' �E w/c�w�2�s� 4) BEARING BASIS IS T—.�.____� ��ar) �; �� 32.2 � ASSUMED. � ~ ' �, � ~ ~��1 ... . '`� s0 �Ptar� � �J� �� } DATE OF FIELDWORK: � q �42# -�� — ti � �� `e�p s—�s-2o�s �R��4RY y�� wpr l� 1 ` `� �� 6) CONTOURS FROM �o� n, Fset �R L�t1 929 T N K � RT ICATIO • HENNEPIN COUNTY GIS 4 �Q O 30 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and E1 GEND� that I am a duly Licensed Land Surveyar under the laws of the state of �Ainnesota. � FOUND IRON PIPE , (AS NOTED) /I / } � : �'� '��"�/''/�n� " " / �/V � -�_�� SET i/2" REBAR , � W/CAP �44109 7mNa W. Van Neete, �linneeota Pmieaeional Surveyor �44109 � �lichigan Professionol Surveyor � 695 POWER POLE {WITH GUY ANCHOR) JOB � 2016036 issuED: s-2�-2a�s p COMMUNICATIONS PEDESTAL DRl+►NN BY: TWVN REV: SCALE: 1" a 30 F'EkT �N �OVERHEAD UTILITY UNE -� VAN NESTE SU RVEYI�IG l . - ' PROFESSIONAL SURVEYING SERVICES V S j CONCREfE St1RFACE 85 WILDNURST ROAD EXCELSIOR. MN 55337 �__J__. _ PHONE (952) 686-3055 TOLL-FREE FAX {866) 473-0120 WWW.VANNESTESURVEYING.COM SHEE7 � � C) m x � Q: .. n � pC Exhibit D i �,��--� � �^l a �� Yl�,��! IpF�"`. . �� Note• h � �� , �� °�� ,z� �� 'P No Overh ead � �` ��;w ��' `�� Obstructions t� �"�'°"��`,� , „ � ;" .�, x �h »��'.� . ��x �Fe r. a �� h�j2l��ks� ° ��p,, � G�t � ye�`.4`�'�rl SS�to�"��`�, { ��,..t�� _ �9. ,� ::��6.��'1��."�:Y�^�• �-'�[� 0 `C�f :�'��,p,y �� '��' . ��' �# , ...rmt�a...ai.^�-�b... ... ,. , � f-.,.:.r-�:-�L_ ,.. .�._., "� '�': s« .. �:.. � •_,��.� '�! .. i Jr k� w.. ' .�. g +�t'«tt- �".,rw� ct �, '. xisting Meter ��. « �,�, �� -��,�� ,.�� q.� � ��. �� 'i. � , ` .� �.,:-� _; �Jtility AC Disconnect � ;_ .� � i\''eW PTOCIL1CtY0II �etel' n � ` Equlpmentust � �y;� � � ' ; ��I�� "r q�� i� Pands:(18J Hellene 289W � �� Mono �v " ` ' � '�� i ,• y.. ,�� -�- � �^ � ,�r �, I � Inverter:5olarEdge �.` �� SFSOOOA-US �, Racklnp:iron Ridge � � Atta d+meM:EJot . �"�IIJ�"' Roof:Asphault Shingle MouM;Flush Mount �. ' Customer. ' ... � ee, - r � ., � w " Tomm Robb : � i � � � 570 Big Isiand Wayzata MN 55391 612-794-3278 ��::'. �� m'k`, ��(x.�� ;; ��„�•: �' .�,• � � � � � � �� y+�'r `?�. k i d.�.- � ,�fN �'��'&� '� .,�. �' �'� �}t "��-`.�� ~ ti- �� "'� �* R,�`' � �, ��; ProJectlnformation: w� . � 4 �' �' ,,,� � ��;,Y s � �,�. ��.� �'S _, w,� '�` 5.04kW RoofMountPV �� ; � �"a� �`�' n � � � ,„ � ,��,,,pe ,�� a � � ��„� SolarSystem �' K... � ��x � -s.� „c ��'� �� .� ,�� ;`.'�*'€""��.'� �'.�, -,� �: �� '�p��',y,�Z�y,�. .�� y�,� � r �� ' : #�, , *'�i s �.'µ y ,�.' ��'dl$',+4 �� . .'''l'..: .s�. ••g�.,, a '�': �. �� '� _ : 'S " ��y�„�':, "�,. #' a .�, «_ � F�� . $� '� {�� ?yiY fi !S;-� � �xY��r �.�t �� f , �" � �,-�' '� s,��kK, .��t��'� ,�� ,,�y�� t� z _ '' #;��, a _ � �� _ ,- �� ' �� #PV-SP-707 ! < :*` (SIhPNtn) �.;�'r�'`��'� ��' r R �l�n y Instal er: � r��# � Able Energy torp. `�'� ) ' 265!ulwmd View Rd. � �f �-�� `� 4 ' ` ', � R!ver Falls,WI 540J2 ta �c,,: � `-. �� "�`,�$ 4'�y° N p35J629-9335 -c.'ay . t�� Y.��.� � _ ,. � �': ,'�s� :� �� y ,�+ ��i', �` s � www.WeKaowSolar.tom ' � - .__,�: W � S p� s, ' • 1 Y Qt�: � �3y�,� - There are no ovcrhead • obstruction�. � 3' Lqu+pment Llst Madules:C1b�w�eliene 280w _, �. Mano � �., Invcrter Type_(]bl5unny Boy "- i � 56240-us-99-10 �' � Chi mney � ' Attarhmeni Type:flOT Flashing � i Rack9ng Type:lron Ridge � i _ i ,.,,,'7' Roaf Type:Asphault Shingle _.t _ �— — -----� _ _.._—.� _ __ � i ' I CuSiORe2f. + � �' ' T�rn Robb f � � � 53 Big {sland � ; Wayzata,MN ' � � 55391 � � � t____ � - _._--� - �,..� �____. �� Prnjeti Informatior.: � 4.48kW Roof Maunted Solar PV System #Pv-ic�-�o� (PY larout) I nsta I ler: N Able Er�ergy Corp. 265 Niavnr�V�ew Rd. River�alas,WI 5d0�? �J�J � {,'15j6�9-S335 i, '.:� r> .r�.F°.�i.CCR¢� S '� �_ -,"� � � . �� ' PC Exhib�t E Melanie Curtis From: Roger Peitso g��; Thursday,July 14, 2a16 11:24 AM To: Melanie Curtis �c; Jeremy Barnhart;Christine Mattson Subject: 570 Big Island Melanie, The septic system for 570 Big Island is currently non� compliant due to not meeting the 3 foot separation requirement in a Shore Land Area.There has been no reports for the system being an imminent public health threat and was showing no signs of surFacing when last inspected.The solar panels would be a upgrade to the mechanical and or electrical system so a permit can be issued for this work as allowed by City of Orono C�de Sec. 58-47(b)3. City of Orono Roger Peitso Building Official City of Orono Phone:952-249-4600 Direct:952-249�4625 Email:rpeitso ci.orono.mn.us Fax:952-249-4616 ;��►,�� ;� •- � ��;� + :�� :.+`.r�'S�.��f � +«�,A 1 - PC Exhf bit F Sec.78-570.-Yard and setback requirements. Within any RS seasonal recreational district, the following yard and setback requirements shall be observed for all new structures and for any addition or alteration to any existing structure, whether temporary, seasonal or permanerrt: (1) Minimum setback from lakeshare, all structutes, induding decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from wetlands shall be: a. Wells and sewage treatment systems, 75 feet. b. All structures, Eand afteratlon or hard cover of any kind, shall meet#he setback requirements established within artide XI of chapter 78 of this Code (the wetlands protection element of the Zoning Code). (3) Minimum setback from platted street rights-of-way, all strvctures. 30 feet. (4) Minimum setbadc from intemal side or rear property line shall be: a. All structures on lots 200 feet or more in width, 50 feet. b. All structures on existing record Iots 100 feet or more in width but less than 200 feet in width, 30 feet. c. Afl structures on existing record Iots less than 100 feet in width,ten feet. (5} Minimum setback any building to any other, ten feet. (Note: The following has been edited by Staff so as to to include only Solar Energy System references for ease of review.) Sec.78-1379.-Alternative energy systems. {a) Scope. Section 78-1379 applies to altemative energy systems in all zoning districts. (b) Purpose and inter►t. The purpose and intent of this section is to establish standards and procedures bywhich the installatfon and operation of alternative energy systems shall be regulated within the city. The cfty finds that it is in the public interest to encourage alternative energy systems that have a posftfve impact on energy productian and conservation whfle not having an adverse Impact on the community. (c) Definitions_ For the purpose of section 7&1379,the following d�nitions shal!apply unless the context ciearly indicates or requires a different meanfng. (1) Genera!defln/tions. Accessory. A system designed as a secondary use to existing bulldings or facElities,wherein the power generated is used primarily for on-site consumption. Altemafive energy system.A ground source heat pump,wind energy conversion system,hydronic furnace or solar energy system. (3) So/ar energy sysfems definlifons. Building-integrated solar energy system. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architecturaf or structural component of the buiEding including, but not limited to, photovoltaic or hot water solar systems contained within roofing materiafs,windows,skylights and awnings. Page 1 Flush-mounted so/ar energy system. A roof-mounted system mounted directly abutting the roof. . The pitch of the soiar collector may exceed the pitch of the roof up to five percent but shall not be higher than ten �nches above the rooi. Passive so/er energy sysfem.A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Photovoltaic system. A salar energy system that converts solar energy directly into electricity. So1ar energy system. A device or structural design feature, a substantial purpose of which is to provide daylight far interior Hghting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electrlcity generation or water heating. (e) So/ar energy syst+ems. (1) Zoning districfs. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (2) Standards. a. Exempfion. Passive or building-Entegrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other buiiding element. b. Roof-mounted sysiems allowed.The only solar energy systems allowed in the city are those that are roof-mounted, c. Height. Roof-mou�ted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. d. Setbacks. Roof-mounted soiar energy systems shall comply with afl building setbacks in the 2pp!icable zoning district and shal! not extcnd beyo�d ihe exterior perimeter of the budding on which the system is mounted. e. Roof mounting. Rooi-mounted solar collecEors shall be.^.�rour.ted paraElel to the surface of the roaf and within three teet of the rooi surface. unless man�facturer's documentat�on is pravided indicating that collectors must be ang!ed to provlde opt�mum performance. No ponson of the collectors or their mounting system shail exieno above 1he peak or ridge height of a pitched roof.On a flat roof,collectors and their mounting systems shall not extend mare than 5 feet above the roof surface. f. Easements. Solar energy systems shall not encroach on public drainage, utility, roadway or trail easements. g. Screening. Solar energy systems shall be screened from v(ew to the exteM possible without impacting their function. h. Maximum area. In a!I residential zoning districts,the collector and mounting system of a roof- mounted solar energy system shall cover no more than 70 percent of the roof to which it is affixect. i. Aesthetics. All solar panels shall be designed, installed, positioned and constructed of materials so as not to cause any gla�e or reflective sunlight onto neighboring propertfes or structures, nor toward vehicular traffic on land or on a lake, and so as to not obstruct vlews. Reflection angles from collector surtaces shall be oriertted away from neighboring wlndows. Where necessary,screening may be required to address glare. j. Feeder lines.The electrical collection system shall be placed underground within the interior of each parcel.The collection system may be placed ovefiead near substations or points of interconnection t�the electric grid. (3) Safety. a. Standards and cert�cafion. 1. CerCrf"rcation. Solar energy systems shall be oertfied by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Cert�catfon Corporation or other body as determined by the building official. The city reserves the Page 2 right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. 2. 7he equipment or device must be designed and constructed in compliance with all applicable building and electrical codes, and (if for co-generation} must be in compliance with all state and federal regulations regarding co-generation of energy. b. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible extemal disconnect must be pravided if required by the utility. (4) Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuEsance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal incEudes the entire. structure including transmission equipment. 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' RUN DATE:07/01/2D16 HEN!YEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWn ERS L[S'1) PC�hibit H 38 22-117•23 24 0001 38 22-117-23 31 0032 GERALD A ERICKSON JR ET AL WEBSTER A HILL 720 BIG ISLAND 620 BIG ISLAND ORONO MN 55331 ORONO MN 55331 GERALD A ERICKSON Jlt WEHSTER ALAN HILL 4567 AMERICAN BLVD W PO BOX 27 MINNEAPOLIS MN 55437 LONG LAKE IvIId 55356 38 22-117-23 24 0406 38 22.117-23 31 0033 RECREATION POINT LLC T J LAPPING&V L LAPPING 38 ADDRESS iINASSIGNED 610 Bi0 ISLAND ORONO MN 60000 ORONO MN 55331 RECREATION PaINT LLC THOMAS J&VENA L LAPPING 387 MARGARET CIR 8200 KIlVGSLEE RD WAYZATA MN 33391 BL�MINGTON MN SS438 38 22-117-23 24 0011 38 22-I I7-23 31 0034 W E BRYSON II&T L BRYSON D L ADAMS�B D ADAMS TRSTS 670 BIG ISLAND 600 B[G ISLAND ORONO MN 55331 ORONO MN 55331 WII.LIAM E BRYSON II DONNA LEE ADAMS THELMA L BRYSON 203 MII,L ST#202 3Q82 W[LLOW DR EXCII.SIOR MN 55331 MEDINA MN 55340 38 22-]17-23 3I 0001 38 22-117-23 31 0035 FAUS FAIvIII,Y INVESTMENTS LP CINDA COLLII�S REVOC TR EI'AL SSO BIG ISLAND 650 BIG ISLAND ORONO MN 55331 ORONO MN 55331 FAUS FAIvIIi.Y INVFS7'MFIJTS[,P CINDA 1 COLLINS 3910 YORK AVE S 301 KENWOOD PK WY H301 MPLS tvfN 55410 MININFI�POLCS MN 55403 38 22-117-23 31 0002 38 22-117-23 31 0036 CIiKiS"ITAN FMLY CHURCH ET AL JEFFREY A PERSON SUHI/L E 560 BIG ISLAND 630 BIG ISLAND ORONO MN 55331 ORONO MN 55331 CHRISTIAN FAMILY CHURCH 8 JEFFREY A PERSON WORLD OUTREACH CENI'ER INC 17345 9'fH AVE N 2300 HERITAGE PL N W PLYMOUTH MN 55447 OWATONNA[v4�' S5060 38 22-117-23 31 0020 JAI�T MARIE FIEGER 590 BIG ISLAtv� ORONO MN 55331 JANET MARIE FIEGER 275 S SU7TON LAKE BLVD JORDAN MN 55352 38 22-117-23 31 0628 CINIDA COLLINS RE VOC TR EI'AL 650 BIG 1SLAND ORONO MN 55331 CINDA I COLLINS 301 KENWOOD PKWY#301 [v�M1EAPOLIS MN SS403 38 22•117-23 31 0029 SELDIN THOMPSON ROBB 7R 570 BIG ISLAND ORONO IvIlV 55331 SELDII+i THOMPSON ROBB.TR 5010 MANITOU RD EXCELSIOR MN SS331 38 22-117-23 3I o030 PAMEI,p A MII.LER 640 HIC}LSLANll ORONO MN 55331 PAMELA A MII.LER 640 B[G ISLAND EXCELSIOR MN 55331 38 22-117-23 31 0031 f�ECE1V�D JANET MARIE FIEGER 580 BIG[SLAND ORONO[vQv 55331 �� O � r�n 9 C JANET MARIE FIEGER �,�l i f� 2�5 S SUTTON I.AKE HLVD ]ORDAN MN 55352 � ""� � J, � r ,�, cmr o�oRorvo . Hennepin County Locate & No#ify Map PCExhibitl � " Provided By: Resident and Real Estate Services Date: 7/12016 � J--�." e-- af 22-117-23-23 22-117-Z3-24 � � � i �, ' � - � -- - i /, _j - � � ; � ` `'!� f 2'�-+�1�-Z�-31 22-117-23-32 � ; 1 Q. S �� J rn r � 't i � ' � i o� i `, . � � � � .I�; � 1 _.. r� � I i � 22-117• -32`�, 22�117-23-31 1 ., ; , .,�\ J � �v 22-117-23-32 22-117-23-31 / � r / Buffer Size: 350 feet o 60 120 24o ft Map Comments: � ' ' � � � � � � PID:2211723310025 Owner.SELDEN THdMPSON ROBB JR For more information contad: Addreas:570 Big Islenci RECEIVED �n300lBth Street S ut�h � Orono MN 55331 Minneapolis,MN 55487 I`J L (J � ,'n)� gis.info�hennepin.us ��,�o�o�oti� # 3 8 4 9 � ��f V� To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator y� � L �1'�ESH��`� From: Jeremy Barnhart, Community Development Director Date: July 18, 2016 Subject: #16-3841, City of Orono Text Amendment Public Hearing Application Summary: The proposed ordinance would modify the existing floodplain ordinance to be consistent with National Flood Insurance Program, who have updated the model ordinance since 2004, when the original model ordinance was published and used to form the basis of the city's ordinances,since amended. Staff Recommendation: Planning Department Staff recommends adoption of the ordinance. list of Exhibits ExhibitA. Draft Ordinance Exhibit B. Existing Ordinance Background To be included in the National Flood Insurance Program (NFIP), a City must adopt floodplain regulations by ordinance. This ordinance must be generally consistent with that organization's model ordinance. Inclusion in the NFIP allows local property owners to obtain flood insurance, which may be a requirement of some mortgages. Without insurance, property owners will not be able to refinance the mortgage, or purchase a home with a loan. The city must adopt new regulations,to be approved by the DNR and in effect by November 4, as the NFIP have amended the model ordinance intended to make the regulations easier to understand. The draft ordinance will replace our existing flood plain regulations contained within Article VIII (Sections 78-1101 through 78-1140)of the Zoning Ordinance. The draft ordinance incorporates some additional definitions utilized by the City, but follows the DNR recommended ordinance closely. There are two sections in gray that are options,to be discussed. Staff recommends approval. PC Exhibit A Flood Plain regulation comprehensive Revision luly 18, 2016 SECTION 1.0 STATUTORY AUTHORIZATION,FINDINGS OF fACT AND PURPOSE 78-1101 Statutory Authorization: The legislature of the State of Minnesota has,in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.Therefore,the City Council of Orono, Minnesota,does ordain as follows. 78-1103 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of the City of Orono.These flood hazard areas are subject to periodic inundation,which may result in loss of life and property,health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief,and impairment of the tax base.It is the purpose of this ordinance to promote the public health,safety, and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance.This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 - 78,as amended,so as to maintain the community's eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion,protect aquatic and riparian habitat,provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. SECTION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Orono and includes three floodplain districts: Floodway, Flood Fringe,and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps,the standards in Sections 4 or 5 will apply,depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodpiain district.Within the General Floodplain district,the Floodway District standards in Section 4 apply unless the floodway boundary is determined,according to the process outlined in Section 6.Once the floodway boundary is determined,the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of Orono shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe,or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts.The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict,the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance.The attached material includes the Flood Insurance Study for Hennepin County, Minnesota,and Incorporated Areas,dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below,dated November 4,2016,all prepared by the Federal Emergency Management Agency.These materials are on file in the City Clerk's office. Effective Flood Insurance Rate Map panels: Flood Plain Ordinance Page 1 . 27053C0144F 27053CO292F 27053C0304F 27053C0311F 27053C0165F 27053C0301F 27053C0306F 27053C0312F 27053CO284F 27053C0302F 27053C0307F 27053C0316F 27053CO285F 27053C0303F 27053C0308F 1 2 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation(RFPE) is an elevation no lower 3 than one foot above the elevation of the regional flood plus any increases in fiood elevation caused by 4 encroachments on the floodplain that result from designation of a floodway. 5 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance 6 Rate Map. 7 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field 8 conditions,the flood elevations shall be the governing factor.The City Administrator must interpret the 9 boundary location based on the ground elevations that existed on the site on the date of the first National 10 Flood Insurance Program map showing the area within the regulatory floodplain,and other available 11 technical data. 12 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present 13 their appeal to the Planning Commission and to submit technical evidence. 14 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,abrogate, or impair any 15 existing easements,covenants,or other private agreements. However,where this ordinance imposes greater 16 restrictions,the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are 17 hereby repealed to the extent of the inconsistency only. 18 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or 19 land uses permitted within such districts wiil be free from flooding or flood damages.This ordinance does not 20 create liability on the part of the City of Orono or its officers or employees for any flood damages that result from 21 reliance on this ordinance or any administrative decision lawfully made hereunder. 22 2.8 Severability: If any section,clause, provision,or portion of this ordinance is adjudged unconstitutional or invalid 23 by a court of law,the remainder of this ordinance shall not be affected and shall remain in full force. 24 2.9 Definitions: Unless specifically defined below,words or phrases used in this ordinance must be interpreted 25 according to common usage and so as to give this ordinance its most reasonable application. 26 Accessory Use or Structure—a use or structure on the same lot with,and of a nature customarily incidental and 27 subordinate to,the principal use or structure. 28 Base Flood Elevation—The elevation of the"regional flood."The term"base flood elevation" is used in the flood 29 insurance survey. 30 Basement—any area of a structure, including crawl spaces, having its floor or base subgrade(below ground level) 31 on all four sides, regardless of the depth of excavation below ground level. 32 Conditional Use—a specific type of structure or land use listed in the official control that may be allowed but only 33 after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning 34 controls or building codes and upon a finding that: 35 (a) Certain conditions as detailed in the zoning ordinance exist. 36 (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are 37 compatible with the existing neighborhood. 38 Critical Facilities—facilities necessary to a community's public health and safety,those that store or produce highly 39 volatile,toxic or water-reactive materials,and those that house occupants that may be insufficiently mobile to 40 avoid loss of life or injury. Examples of critical facilities include hospitals,correctional facilities,schools,daycare Flood Plain Ordinance Page 2 1 facilities, nursing homes,fire and police stations,wastewater treatment facilities,public electric utilities,water 2 plants,fuel storage facilities, and waste handling and storage facilities. 3 Development—any manmade change to improved or unimproved real estate,including buildings or other 4 structures, mining,dredging,filling,grading, paving,excavation or drilling operations, or storage of equipment or 5 materials. 6 Equal Degree of Encroachment—a method of determining the location of floodway boundaries so that floodplain 7 lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 8 Farm Fence—A fence as defined by Minn.Statutes Section 344.02,Subd. 1(a)-(d).An open type fence of posts and 9 wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, 10 such as chain link fences and rigid walls,are regulated as structures under this ordinance. 11 Flood-a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the 12 inundation of normally dry areas. 13 Flood Frequency—the frequency for which it is expected that a specific flood stage or discharge may be equaled or 14 exceeded. 15 Flood Fringe—the portion of the Special Flood Hazard Area (one percent annual chance flood)located outside of 16 the floodway. Flood fringe is synonymous with the term"floodway fringe" used in the Flood Insurance Study for 17 Hennepin County, Minnesota. 18 Flood Prone Area—any land susceptible to being inundated by water from any source (see"Flood"). 19 Floodplain—the beds proper and the areas adjoining a wetland,lake or watercourse which have been or hereafter 20 may be covered by the regional flood. 21 Floodproofing—a combination of structural provisions,changes,or adjustments to properties and structures 22 subject to flooding, primarily for the reduction or elimination of flood damages. 23 Floodway—the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining 24 floodplain which are reasonably required to carry or store the regional flood discharge. 25 Lake Minnetonka means the naturally occurring lake shown on all the official maps re#erenced in this chapter, 26 inciuding all bays, channels, inlets, lagoons, marshland and other water-connected portions, whether 27 naturally occurring or artificialiy created: 28 a. Defined ordinary high water elevation,929.4 feet MSL. 29 b. Defined floodpiain boundary, 100-year flood, 931.5 feet MSL as established by the Minnehaha 30 Creek Watershed District(MCWD). 31 Lowest Floor—the lowest floor of the lowest enclosed area(including basement). An unfinished or flood resistant 32 enclosure,used solely for parking of vehicles, building access,or storage in an area other than a basement area,is 33 not considered a building's lowest floor;provided,that such enclosure is not built so as to render the structure in 34 violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. 35 Manufactured Home—a structure,transportable in one or more sections,which is built on a permanent chassis and 36 is designed for use with or without a permanent foundation when attached to the required utilities. The term 37 "manufactured home"does not include the term "recreational vehicle." 38 New Construction-Structures,including additions and improvements,and placement of manufactured homes,for 39 which the start of construction commenced on or after the effective date of this ordinance. 40 Obstruction—any dam,wall,wharf,embankment, levee,dike, pile,abutment,projection,excavation,channel 41 modification, culvert, building,wire,fence,stockpile, refuse,fill,structure,or matter in,along,across,or projecting 42 into any channel,watercourse,or regulatory floodplain which may impede, retard,or change the direction of the 43 flow of water,either in itself or by catching or collecting debris carried by such water. 44 One Hundred Year Floodplain—lands inundated by the"Regional Flood" (see definition). Flood Plain Ordinance � Page 3 1 Principal Use or Structure—all uses or structures that are not accessory uses or structures. 2 Reach—a hydraulic engineering term to describe a longitudinal segment of a stream or river infiuenced by a natural 3 or man-made obstruction. In an urban area,the segment of a stream or river between two consecutive bridge 4 crossings would most typically constitute a reach. 5 Recreational Vehicle—a vehicle that is built on a single chassis, is 400 square feet or less when measured at the 6 largest horizontal projection,is designed to be self-propelled or permanently towable by a light duty truck,and is 7 designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping, 8 travel,or seasonal use. For the purposes of this ordinance,the term recreational vehicle is synonymous with the 9 term"travel trailer/travel vehicle." 10 Regional Flood—a flood which is representative of large floods known to have occurred generally in Minnesota and 11 reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% 12 chance or 100-year recurrence interval. Regional flood is synonymous with the term"base flood" used in a flood 13 insurance study. 14 Regulatory Flood Protection Elevation(RFPE) -an elevation not less than one foot above the elevation of the 15 regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from 16 designation of a floodway. 17 a. The regulatory flood protection elevation within the fioodway and flood fringe districts, 18 except for Lake Minnetonka,shall be established by adding 1.0 foot to the base flood water 19 surface elevations within floodway listed in the floodway data table contained in the flood 20 insurance study. Regulatory flood protection elevations between cross sections shall be 21 interpolated. 22 b. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSI. 23 c. The regulatory flood protection elevation within the general floodplain district shall be 24 calculated by a qualified registered professional engineer in accordance with procedures set forth 25 in this article. 26 Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period 27 for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25%of the 28 market value of the structure before the damage occurred. 29 Special Flood Hazard Area—a term used for flood insurance purposes synonymous with "One Hundred Year 30 Floodplain." 31 Start of Construction—includes substantial improvement,and means the actual start of construction, repair, 32 reconstruction, rehabilitation,addition, placement or other improvement that occurred before the permit's 33 expiration date.The actual start is either the first placement of permanent construction of a structure on a site, 34 such as the pouring of slab or footings,the installation of piles,the construction of columns, or any work beyond 35 the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does 36 not include land preparation,such as clearing,grading and filling; nor does it include the installation of streets 37 and/or walkways; nor does it include excavation for a basement,footings, piers,foundations,or the erection of 38 temporary forms; nor does it include the installation on the property of accessory buildings,such as garages or 39 sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,the actual 40 start of construction means the first alteration of any wall,ceiling,floor,or other structural part of a building, 41 whether or not that alteration affects the external dimensions of the building. 42 Structure-anything constructed or erected on the ground or attached to the ground or on-site utilities, including, 43 but not limited to, buildings,factories,sheds,detached garages,cabins, manufactured homes, recreational vehicles 44 not meeting the exemption criteria specified in Section 78-1137(2)of this ordinance and other similar items. Flood Plain Ordinance Page 4 1 Substantial Damage-means damage of any origin sustained by a structure where the cost of restoring the structure 2 to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the 3 damage occurred. 4 Substantial Improvement-within any consecutive 365-day period,any reconstruction, rehabilitation(including 5 normal maintenance and repair), repair after damage,addition,or other improvement of a structure,the cost of 6 which equals or exceeds 50 percent of the market value of the structure before the"start of construction"of the 7 improvement.This term includes structures that have incurred "substantial damage," regardless of the actual repair 8 work performed.The term does not, however, include either: 9 (a) Any project for improvement of a structure to correct existing violations of state or local health, 10 sanitary,or safety code specifications which have been identified by the local code enforcement official 11 and which are the minimum necessary to assure safe living conditions. 12 (b) Any alteration of a "historic structure," provided that the alteration will not preclude the 13 structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic 14 structure" is as defined in 44 Code of Federal Regulations, Part 59.1. 15 78-1112 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 78-1105 above may 16 include floodplain areas that lie outside of the corporate boundaries of the City of Orono at the time of adoption of 17 this ordinance. If any of these floodplain land areas are annexed into the City of Orono after the date of adoption 18 of this ordinance,the newly annexed floodplain lands will be subject to the provisions of this ordinance 19 immediately upon the date of annexation. 20 78-1113 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 78-1105 above will 21 inciude floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this 22 ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction 23 of Orono after the date of adoption of this ordinance,the newly detached floodplain lands will be subject to the 24 provisions of this ordinance immediately upon the date of detachment. 25 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 26 78-1114 Districts: 27 (1) Floodway District. The Floodway District includes those areas within Zones AE that have a floodway 28 delineated as shown on the Flood Insurance Rate Map adopted in Section 78-1105,as well as portions of 29 other lakes,wetlands, and basins within Zones AE(that do not have a floodway delineated)that are 30 located at or below the ordinary high water level as defined in Minnesota Statutes,Section 103G.005, 31 subdivision 14. 32 (2) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway 33 delineated on the Flood Insurance Rate Map adopted in Section 78-1105, but are located outside of the 34 floodway. For other lakes,wetiands and other basins within Zones AE that do not have a floodway 35 delineated,the Flood Fringe District also includes those areas below the 1%annual chance(100-year)flood 36 elevation but above the ordinary high water level as defined in Minnesota Statutes,Section 103G.005, 37 subdivision 14. 38 (3) General Floodplain District. The General Floodplain District includes those areas within Zones A and AE 39 that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 78- 40 1105. 41 78-1115 Applicability: Within the floodplain districts established in this ordinance,the use,size,type and location 42 of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall 43 floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways 44 of any tributaries to the main stream,drainage ditches, or any other drainage facilities or systems.All uses not 45 listed as permitted uses or conditional uses in Sections 4.0, 5.O and 6.0 are prohibited. In addition,critical facilities, 46 as defined in Section 78-1111(5),are prohibited in all floodplain districts. Flood Plain Ordinance Page 5 1 SECTION 4.0 FLOODWAY DISTRICT(FW) 2 78-1116 Permitted Uses: The following uses,subject to the standards set forth in Section 78-1117,are permitted 3 uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4 (1) General farming, pasture,grazing,outdoor plant nurseries, horticulture,truck farming,forestry,sod 5 farming,and wild crop harvesting. 6 (2) Industrial-commercial loading areas, parking areas,and airport landing strips. 7 (3) Open space uses, including but not limited to private and public golf courses,tennis courts,driving ranges, 8 archery ranges, picnic grounds,boat launching ramps,swimming areas, parks,wildlife and nature 9 preserves,game farms,fish hatcheries,shooting preserves, hunting and fishing areas,and single or 10 multiple purpose recreational trails. 11 (4) Residential lawns,gardens, parking areas,and play areas. 12 (5) Railroads,streets,bridges, utility transmission lines and pipelines,provided that the Department of Natural 13 Resources'Area Hydrologist is notified at least ten days prior to issuance of any permit. 14 78-1117 Standards for Floodway Permitted Uses: 15 (1) The use must have a low flood damage potential. 16 (2) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve 17 structures, obstructions,or storage of materials or equipment. 18 (3) Any facility that will be used by employees or the general public must be designed with a flood warning 19 system that provides adequate time for evacuation if the area is inundated to a depth and velocity such 20 that the depth (in feet)multiplied by the velocity(in feet per second)would exceed a product of four upon 21 occurrence of the regional (1%chance)flood. 22 78-1118 Conditional Uses: The following uses may be allowed as conditional uses following the standards and 23 procedures set forth in Section 78-1148 of this ordinance and further subject to the standards set forth in Section 24 78-1119, if otherwise allowed in the underlying zoning district or any applicable overlay district. 25 (1) Structures accessory to the uses listed in 78-1116(1)-(5)above and the uses listed below. 26 (2) Extraction and storage of sand,gravel, and other materials. 27 (3) Marinas, boat rentals,docks, piers,wharves,and water control structures. 28 (4) Storage yards for equipment, machinery,or materials. 29 (5) Placement of fill or construction of fences that obstruct flood flows. Farm fences,as defined in section 30 2.918,are permitted uses. 31 (6) Travel-ready recreational vehicles meeting the exception standards in Section 9.3. 32 (7) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 33 10-year frequency flood event. 34 78-1119 Standards for Floodway Conditional Uses: 35 (1) All Uses. A conditional use must not cause any increase in the stage of the 1%chance or regional flood or 36 cause an increase in flood damages in the reach or reaches affected. 37 (2) Fill;Storage of Materials and Equipment: 38 (a) The storage or processing of materials that are, in time of flooding,flammable,explosive,or potentially 39 injurious to human,animal,or plant life is prohibited. Flood Plain Ordinance Page 6 1 (b) Fill, dredge spoil,and other similar materials deposited or stored in the floodplain must be protected 2 from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and 3 gravel operations and similar uses must be covered by a long-term site development plan. 4 (c) Temporary placement of fill,other materials,or equipment which would cause an increase to the stage 5 of the 1%percent chance or regional flood may only be allowed if the City Council has approved a plan 6 that assures removal of the materials from the floodway based upon the flood warning time available. 7 (3) Accessory Structures.Accessory structures,as identified in Section 78-1118(1), may be permitted, 8 provided that: 9 (a) structures are not intended for human habitation; 10 (b)structures will have a low flood damage potential; 11 (c) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; 12 (d)Service utilities, such as electrical and heating equipment,within these structures must be elevated to 13 or above the regulatory flood protection elevation or properly floodproofed; 14 (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 15 floodproofing classifications in the State Building Code.All floodproofed structures must be adequately 16 anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood 17 forces on exterior walls. 18 (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 19 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a 20 minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement 21 must either be certified by a registered professional engineer or meet or exceed the following criteria: 22 (1)To allow for the equalization of hydrostatic pressure,there must be a minimum of two"automatic" 23 openings in the outside walls of the structure,with a total net area of not less than one square inch 24 for every square foot of enclosed area subject to flooding;and 25 (2)There must be openings on at least two sides of the structure and the bottom of all openings must 26 be no higher than one foot above the lowest adjacent grade to the structure. Using human 27 intervention to open a garage door prior to flooding will not satisfy this requirement for automatic 28 openings. 29 (4) Structural works for flood control that will change the course,current or cross section of protected 30 wetlands or public waters are subject to the provisions of Minnesota Statutes,Section 103G.245. 31 (5) A levee,dike or floodwall constructed in the floodway must not cause an increase to the 1%chance or 32 regional flood.The technical analysis must assume equal conveyance or storage loss on both sides of a 33 stream. 34 (6) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining 35 floodplain of any tributary watercourse or drainage system. 36 Section 78 1120-1123 RESERVED 37 SECTION 5.0 FLOOD FRINGE DISTRICT(FF) 38 78-1124 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning 39 district(s)that comply with the standards in Section 78-1125. If no pre-existing,underlying zoning districts exist, 40 then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not 41 constitute a public nuisance. 42 78-1125 Standards for Flood Fringe Permitted Uses: Flood Plain Ordinance Page 7 1 (1) All structures, including accessory structures,must be elevated on fill so that the lowest floor, as defined,is 2 at or above the regulatory flood protection elevation.The finished fiil elevation for structures must be no 3 lower than one foot below the regulatory flood protection elevation and the fill must extend at the same 4 elevation at least 15 feet beyond the outside limits of the structure. 5 (2) Accessory Structures.As an alternative to the fill requirements of section 78-1125(1),structures accessory 6 to the uses identified in Section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or 7 FP4 floodproofing classifications in the State Building Code, provided that: 8 (a)the accessory structure constitutes a minimal investment,does not exceed 576 square feet in size,and 9 is only used for parking and storage. 10 (b)All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must 11 be: (i)adequately anchored to prevent flotation,collapse or lateral movement and designed to equalize 12 hydrostatic flood forces on exterior walls,(ii)be constructed with materials resistant to flood damage, 13 and(iii)must have all service utilities be water-tight or elevated to above the regulatory flood 14 protection elevation 15 (c) Designs for meeting this requirement must either be certified by a registered professional engineer or 16 meet or exceed the following criteria: 17 (1)To allow for the equalization of hydrostatic pressure,there must be a minimum of two"automatic" 18 openings in the outside walls of the structure,with a total net area of not less than one square inch 19 for every square foot of enclosed area subject to flooding;and 20 (2)There must be openings on at least two sides of the structure and the bottom of all openings must 21 be no higher than one foot above the lowest adjacent grade to the structure. Using human 22 intervention to open a garage door prior to flooding will not satisfy this requirement for automatic 23 openings. 24 (3) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless 25 the fill is specifically intended to elevate a structure in accordance with Section 78-1125(1)of this 26 ordinance, or if allowed as a conditional use under Section 78-1126(3) below. 27 (4) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection 28 elevation. 29 (5) All service utilities,including ductwork,must be elevated or water-tight to prevent infiltration of 30 floodwaters. 31 (6) The storage or processing of materials that are,in time of flooding,flammable, explosive,or potentially 32 injurious to human,animal,or plant life is prohibited. 33 (7) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, 34 vegetative cover or other acceptable method. 35 (8) All new principal structures must have vehicular access at or above an elevation not more than two feet 36 below the regulatory flood protection elevation,or must have a flood warning/emergency evacuation plan 37 acceptable to the City of Orono. 38 (9) Accessory uses such as yards, railroad tracks,and parking lots may be at an elevation lower than the 39 regulatory flood protection elevation. However,any facilities used by employees or the general public must 40 be designed with a flood warning system that provides adequate time for evacuation if the area is 41 inundated to a depth and velocity such that the depth(in feet) multiplied by the velocity(in feet per 42 second)would exceed a product of four upon occurrence of the regional (1%chance)flood. 43 (10) Interference with normal manufacturing/industrial plant operations must be minimized, especially along 44 streams having protracted flood durations. In considering permit applications,due consideration must be 45 given to the needs of industries with operations that require a floodplain location. Flood Plain Ordinance Page 8 1 (11) Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. 2 78-1126 Conditional Uses: The following uses and activities may be allowed as conditional uses,if allowed in the 3 underlying zoning district(s)or any applicable overlay district,following the procedures in Section 10.4 of this 4 ordinance. 5 (1) Any structure that is not elevated on fill or floodproofed in accordance with Sections 78-1125 (1)and(2)of 6 this ordinance. 7 (2) Storage of any material or equipment below the regulatory flood protection elevation. 8 (3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a 9 structure in accordance with Section 78-1125(1)of this ordinance. 10 (4) Optional The use of inethods to elevate structures above the regulatory flood protection elevation, 11 including stilts, pilings, parallel walls,or above-grade,enclosed areas such as crawl spaces or tuck under 12 garages,shall meet the standards in Section 78-1127(6). 13 78-1127 Standards for Flood Fringe Conditional Uses: 14 (1) The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 15 (2) Basements,as defined by Section 2.913 of this ordinance,are subject to the following: 16 (a) Residential basement construction is not allowed below the regulatory flood protection elevation. 17 (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided 18 the basement is structurally dry floodproofed in accordance with Section 78-1127(3)of this ordinance. 19 (3) All areas of nonresidential structures, including basements,to be placed below the regulatory fiood 20 protection elevation must be fioodproofed in accordance with the structurally dry floodproofing 21 classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 22 floodproofing classification in the State Building Code,which requires making the structure watertight with 23 the walls substantially impermeable to the passage of water and with structural components capable of 24 resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 25 (4) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for 26 the purpose of elevating a structure to the regulatory flood protection elevation)must comply with an 27 approved erosion/sedimentation control plan. 28 (a)The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a 29 minimum of the regional(1%chance)flood event. 30 (b)The plan must be prepared and certified by a registered professional engineer or other qualified 31 individual acceptable to the City of Orono. 32 (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if 33 adequate flood warning time exists. 34 (5) Storage of materials and equipment below the regulatory flood protection elevation must compiy with an 35 approved emergency plan providing for removal of such materials within the time available after a flood 36 warning. 37 (6) (OPTIONAL)Alternative elevation methods other than the use of fill may be utilized to elevate a 38 structure's lowest floor above the regulatory flood protection elevation.The base or floor of an enclosed 39 area shall be considered above-grade and not a structure's basement or lowest floor if: 1)the enclosed 40 area is above-grade on at least one side of the structure;2)it is designed to internally flood and is 41 constructed with flood resistant materials;and 3) it is used solely for parking of vehicles, building access or 42 storage.The above-noted alternative elevation methods are subject to the following additional standards: Flood Plain Ordinance Page 9 1 (a) Design and Certification -The structure's design and as-built condition must be certified by a registered 2 professional engineer as being in compliance with the general design standards of the State Building 3 Code and,specificaliy,that all electrical, heating,ventilation, plumbing and air conditioning equipment 4 and other service facilities must be at or above the regulatory flood protection elevation or be designed 5 to prevent flood water from entering or accumulating within these components during times of 6 flooding. 7 (b)Specific Standards for Above-grade, Enclosed Areas-Above-grade,fully enclosed areas such as crawl 8 spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 9 (i) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing 10 technique.There shall be a minimum of two openings on at least two sides of the structure and the 11 bottom of all openings shall be no higher than one foot above grade.The automatic openings shall 12 have a minimum net area of not less than one square inch for every square foot of enclosed area 13 subject to flooding unless a registered professional engineer or architect certifies that a smaller net 14 area would suffice.The automatic openings may be equipped with screens, louvers,valves,or other 15 coverings or devices provided that they permit the automatic entry and exit of flood waters without 16 any form of human intervention;and 17 (ii)That the enclosed area will be designed of flood resistant materials in accordance with the fP3 or 18 FP4 classifications in the State Building Code and shall be used solely for building access, parking of 19 vehicles or storage. 20 SECTION 6.0 GENERAL FLOODPLAIN DISTRICT(GF) 21 78-1128 Permitted Uses: 22 (1) The uses listed in Section 78-1116 of this ordinance, Floodway District Permitted Uses,are permitted uses. 23 (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 78-1129 24 below. Section 4.0 applies if the proposed use is determined to be in the Floodway District.Section 5.0 25 applies if the proposed use is determined to be in the Flood Fringe District. 26 78-1129 Procedures for Floodway and Flood Fringe Determinations: 27 (1) Upon receipt of an application for a permit or other approval within the General Floodplain District,the 28 City Administrator must obtain, review and reasonably utilize any regionai flood elevation and floodway 29 data available from a federal,state,or other source. 30 (2) If regional flood elevation and floodway data are not readily available,the applicant must furnish additiona� 31 information,as needed,to determine the regulatory flood protection elevation and whether the proposed 32 use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted 33 hydrological and hydraulic engineering standards and the standards in Section 78-1129(3) below. 34 (3) The determination of floodway and flood fringe must include the following components,as applicable: 35 (a) Estimate the peak discharge of the regional(1%chance)flood. 36 (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream 37 channel and overbank areas. 38 (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages 39 more than one-half(0.5)foot.A lesser stage increase than 0.5 foot is required if,as a result of the stage 40 increase,increased flood damages would result.An equal degree of encroachment on both sides of the 41 stream within the reach must be assumed in computing floodway boundaries. 42 (4) The City Administrator will review the submitted information and assess the technical evaluation and the 43 recommended Floodway and/or Flood Fringe District boundary.The assessment must include the 44 cumulative effects of previous floodway encroachments.The City Administrator may seek technical Flood Plain Ordinance Page 10 1 assistance from a designated engineer or other expert person or agency,including the Department of 2 Natural Resources. Based on this assessment,the City Administrator may approve or deny the application. 3 (5) Once the Floodway and Flood Fringe District boundaries have been determined,the City Administrator 4 must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this 5 ordinance. 6 SECTION 7.0 LAND DEVELOPMENT STANDARDS 7 78-1130 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts,the 8 requirements of this section apply to ail land within the City of Orono. 9 78-1131 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate 10 drainage,water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or 11 campgrounds are considered subdivisions under this ordinance. 12 (1) All lots within the floodpiain districts must be able to contain a building site outside of the Floodway 13 District at or above the regulatory flood protection elevation. 14 (2) All subdivisions must have road access both to the subdivision and to the individual building sites no lower 15 than two feet below the regulatory flood protection elevation,unless a flood warning emergency plan for 16 the safe evacuation of all vehicles and people during the regional(1%chance)flood has been approved by 17 the City of Orono.The plan must be prepared by a registered engineer or other qualified individual,and 18 must demonstrate that adequate time and personnel exist to carry out the evacuation. 19 (3) For ail subdivisions in the floodplain,the Floodway and Flood Fringe District boundaries,the regulatory 20 flood protection elevation and the required elevation of ali access roads must be clearly labeled on all 21 required subdivision drawings and platting documents. 22 (4) In the Generai Floodplain District,applicants must provide the information required in Section 78-1129 of 23 this ordinance to determine the regional flood elevation,the Floodway and Flood Fringe District 24 boundaries and the regulatory flood protection elevation for the subdivision site. 25 (5) If a subdivision proposal or other proposed new development is in a flood prone area,any such proposal 26 must be reviewed to assure that: 27 (a) All such proposals are consistent with the need to minimize flood damage within the fiood prone area, 28 (b) All public utilities and facilities,such as sewer,gas,electrical,and water systems are located and 29 constructed to minimize or eliminate flood damage,and 30 (c) Adequate drainage is provided to reduce exposure of flood hazard. 31 78-1132 Building Sites. If a proposed building site is in a flood prone area,all new construction and substantial 32 improvements(including the placement of manufactured homes) must be: 33 (1) Designed(or modified)and adequately anchored to prevent floatation,collapse,or lateral movement of the 34 structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy; 35 (2) Constructed with materials and utility equipment resistant to flood damage; 36 (3) Constructed by methods and practices that minimize flood damage;and 37 (4) Constructed with electrical, heating,ventilation, plumbing,and air conditioning equipment and other service 38 facilities that are designed and/or located so as to prevent water from entering or accumulating within the 39 components during conditions of flooding. 40 Sections 78-1133 through 78-1139 Reserved 41 SECTION 8.0 PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDGES Flood Plain Ordinance Page 11 1 78-1140 Public Utilities: All public utilities and facilities such as gas,electrical,sewer,and water supply systems to 2 be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the 3 regulatory flood protection elevation. 4 78-1141 Public 7ransportation Facilities: Railroad tracks, roads,and bridges to be located within the floodplain 5 must comply with Sections 4.0 and 5.0 of this ordinance.These transportation facilities must be elevated to the 6 regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the 7 public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or 8 auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation 9 services would not endanger the public health or safety. 10 78-1142 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1)On-site 11 water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and 12 are subject to the provisions in Minnesota Rules Chapter 4725.4350,as amended;and 2)New or replacement on- 13 site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the 14 systems and discharges from the systems into flood waters,they must not be subject to impairment or 15 contamination during times of flooding,and are subject to the provisions in Minnesota Rules Chapter 7080.2270, 16 as amended. 17 SECTION 9.0 MANUFACTURED HOMES,MANUFACTURED HOME PARKS,AND RECREATIONAL VEHICLES. 18 78-1143 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home 19 parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record,the 20 following requirements apply: 21 (1) Placement or replacement of manufactured home units is prohibited in the Floodway District. 22 (2) If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to 23 the requirements of Section 5 of this ordinance and the following standards. 24 (a) New and replacement manufactured homes must be elevated in compliance with Section 5 of this 25 ordinance and must be securely anchored to an adequately anchored foundation system that resists 26 flotation,collapse and lateral movement. Methods of anchoring may include, but are not limited to, use 27 of over-the-top or frame ties to ground anchors.This requirement is in addition to applicable state or 28 local anchoring requirements for resisting wind forces. 29 (b) New or replacement manufactured homes in existing manufactured home parks must meet the 30 vehicular access requirements for subdivisions in Section 78-1131(2). 31 78-1144 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing 32 recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational 33 vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria 34 below or be treated as new structures meeting the requirements of this ordinance. 35 (1) Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the 36 following areas and meet the criteria listed in Section 78-1144(2): 37 (a) Individual lots or parcels of record. 38 (b) Existing commercial recreational vehicle parks or campgrounds. 39 (c) Existing condominium-type associations. 40 (2) Criteria for Exempt Recreational Vehicles: 41 (a) The vehicle must have a current license required for highway use. 42 (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system,attached to the 43 site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle 44 parks. Flood Plain Ordinance Page 12 1 (c) No permanent structural type additions may be attached to the vehicle. 2 (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. 3 (e) Accessory structures are not permitted within the Floodway District.Any accessory structure in the 4 Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, 5 meeting the requirements applicable to manufactured homes in Section 78-1144(2). 6 (f) An accessory structure must constitute a minimal investment 7 (3) Recreational vehicles that are exempt in Section 78-1144(2)lose this exemption when development occurs 8 on the site that exceeds a minimal investment for an accessory structure such as a garage or storage 9 building. The recreational vehicle and all accessory structures will then be treated as new structures 10 subject to the elevation and floodproofing requirements of Section 5.0 of this ordinance. No development 11 or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the 12 removal of the vehicle should flooding occur. 13 SECTION 10.0 ADMINISTRATION 14 78-1145 City Administrator: The City Administrator or other official designated by the Administrator must 15 administer and enforce this ordinance. 16 78-1146 Permit Requirements: 17 (1) Permit Required. A permit must be obtained from the City Administrator prior to conducting the following 18 activities: 19 (a)The erection,addition, modification, rehabilitation,or alteration of any building,structure,or portion 20 thereof. Normal maintenance and repair also requires a permit if such work,separately or in 21 conjunction with other planned work,constitutes a substantial improvement as defined in this 22 ordinance. 23 (b)The use or change of use of a building,structure,or land. 24 (cj The construction of a dam,fence,or on-site septic system, aithough a permit is not required for a farm 25 fence as defined in this ordinance. 26 (d)The change or extension of a nonconforming use. 27 (e)The repair of a structure that has been damaged by flood,fire,tornado,or any other source. 28 (f) The placement of fill,excavation of materiais,or the storage of materials or equipment within the 29 floodplain. 30 (g) Relocation or alteration of a watercourse(including new or repiacement culverts and bridges), unless a 31 public waters work permit has been applied for. 32 (h)Any other type of"development"as defined in this ordinance. 33 (2) Application for Permit. Permit applications must be submitted to the City Administrator on forms provided 34 by the City Administrator.The permit application must include the following as applicable: 35 (a) A site plan showing all pertinent dimensions, existing or proposed buildings,structures,and significant 36 natural features having an influence on the permit. 37 (b) Location of fill or storage of materials in relation to the stream channel. 38 (c) Copies of any required municipal,county,state or federal permits or approvals. 39 (d)Other relevant information requested by the City Administrator as necessary to properly evaluate the 40 permit application. Flood Plain Ordinance Page 13 1 (3) Certificate of City Compliance for a New,Altered,or Nonconforming Use. No building, land or structure 2 may be occupied or used in any manner until a certificate of zoning compliance has been issued by the City 3 Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 4 (4) Certification. The applicant is required to submit certification by a registered professional engineer, 5 registered architect, or registered land surveyor that the finished fill and building elevations were 6 accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be 7 certified by a registered professional engineer or registered architect. 8 (5) Record of First Floor Elevation. The City Administrator must maintain a record of the elevation of the 9 lowest floor(including basement) of all new structures and alterations or additions to existing structures in 10 the floodplain.The City Administrator must also maintain a record of the elevation to which structures and 11 alterations or additions to structures are floodproofed. 12 (6) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or 13 stream,the City Administrator must notify adjacent communities. If the applicant has applied for a permit 14 to work in public waters pursuant to Minnesota Statutes,Section 103G.245,this will suffice as adequate 15 notice.A copy of the notification must also be submitted to the Chicago Regionai Office of the Federal 16 Emergency Management Agency(FEMA). 17 (7) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is 18 practicable, but not later than six months after the date such supporting information becomes available, 19 the City Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a 20 copy of the relevant technical or scientific data. 21 78-1147 Variances: 22 (1) Variance Applications. An application for a variance to the provisions of this ordinance will be processed 23 and reviewed in accordance with applicable state statutes and Title IV,Article II, Division 3 of this 24 Ordinance. 25 (2) Adherence to State Floodplain Management Standards. A variance must not allow a use that is not 26 allowed in that district, permit a lower degree of flood protection than the regulatory flood protection 27 elevation for the particular area, or permit standards lower than those required by state law. 28 (3) Additional Variance Criteria.The following additional variance criteria of the Federal Emergency 29 Management Agency must be satisfied: 30 (a) Variances must not be issued by a community within any designated regulatory floodway if any 31 increase in flood levels during the base flood discharge would result. 32 (b) Variances may only be issued by a community upon (i)a showing of good and sufficient cause, (ii)a 33 determination that failure to grant the variance would result in exceptional hardship to the applicant, 34 and (iii)a determination that the granting of a variance will not result in increased flood heights, 35 additional threats to public safety,extraordinary public expense,create nuisances,cause fraud on or 36 victimization of the public,or conflict with existing local laws or ordinances. 37 (c) Variances may only be issued upon a determination that the variance is the minimum necessary, 38 considering the flood hazard,to afford relief. 39 (4) Flood Insurance Notice. The City Administrator must notify the applicant for a variance that: 1)The issuance 40 of a variance to construct a structure below the base flood level will result in increased premium rates for 41 flood insurance up to amounts as high as$25 for$100 of insurance coverage;and 2)Such construction 42 below the base or regional flood level increases risks to life and property.Such notification must be 43 maintained with a record of all variance actions. 44 (5) General Considerations. The community may consider the following factors in granting variances and 45 imposing conditions on variances and conditional uses in floodplains: Flood Plain Ordinance Page 14 1 (a)The potentiai danger to life and property due to increased flood heights or velocities caused by 2 encroachments; 3 (b)The danger that materials may be swept onto other lands or downstream to the injury of others; 4 (c) The proposed water supply and sanitation systems,�if any,and the ability of these systems to minimize 5 the potential for disease,contamination and unsanitary conditions; 6 (d)The susceptibility of any proposed use and its contents to flood damage and the effect of such damage 7 on the individual owner; 8 (e)The importance of the services to be provided by the proposed use to the community; 9 (f) The requirements of the facility for a waterfront location; 10 (g)The availability of viable alternative locations for the proposed use that are not subject to flooding; 11 (h)The compatibility of the proposed use with existing development and development anticipated in the 12 foreseeable future; 13 (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management 14 program for the area; 15 (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; 16 (k) The expected heights,velocity,duration, rate of rise and sediment transport of the flood waters 17 expected at the site. 18 (6) Submittal of Hearing Notices to the Department of Natural Resources(DNR). The City Administrator or 19 designee shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide 20 at least ten days' notice of the hearing.The notice may be sent by electronic mail or U.S. Mail to the 21 respective DNR area hydrologist. 22 (7) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to 23 the DNR within ten days of such action.The notice may be sent by electronic mail or U.S. Mail to the 24 respective DNR area hydrologist. 25 (8) Record-Keeping. The City Administrator must maintain a record of all variance actions,including 26 justification for their issuance,and must report such variances in an annual or biennial report to the 27 Administrator of the National Flood Insurance Program,when requested by the Federal Emergency 28 Management Agency. 29 78-1148 Conditional Uses: 30 (1) Administrative Review. An application for a conditional use permit under the provisions of this ordinance 31 will be processed and reviewed in accordance with Titie IV,Article V of this Ordinance.. 32 (2) Factors Used in Decision-Making. In passing upon conditional use applications,the City Council must 33 consider all relevant factors specified in other sections of this ordinance,and those factors identified in 34 Section 10.35 of this ordinance. 35 (3) Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the 36 granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance.Such 37 conditions may include, but are not limited to,the following: 38 (a) Modification of waste treatment and water supply facilities. 39 (b) Limitations on period of use,occupancy,and operation. 40 (c) Imposition of operational controls,sureties,and deed restrictions. 41 (d) Requirements for construction of channel modifications,compensatory storage, dikes, levees,and 42 other protective measures. Flood Plain Ordinance Page 15 1 (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant 2 must submit a plan or document certified by a registered professional engineer or architect that the 3 floodproofing measures are consistent with the regulatory flood protection elevation and associated 4 flood factors for the particular area. 5 (4) Submittal of Hearing Notices to the Department of Natural Resources(DNR�. The city administrator or 6 designee must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to 7 provide at least ten days'notice of the hearing.The notice may be sent by electronic mail or U.S. Mail to 8 the respective DNR area hydrologist. 9 (5) Submittal of Final Decisions to the DNR.A copy of all decisions granting conditional uses must be 10 forwarded to the DNR within ten days of such action.The notice may be sent by electronic mail or U.S. Mail 11 to the respective DNR area hydrologist. 12 SECTION 11.0 NONCONFORMITIES 13 78-1149 Continuance of Nonconformities:A use,structure,or occupancy of land which was lawful before the passage 14 or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be 15 continued subject to the following conditions. Historic structures,as defined in Section 78-1111 of this ordinance, 16 are subject to the provisions of paragraphs(1)—(6)of this section. 17 (1) A nonconforming use, structure,or occupancy must not be expanded,changed,enlarged,or altered in a 18 way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 19 SAection 78-1149(12) below. Expansion or enlargement of uses, structures or occupancies within the 20 Fioodway District is prohibited. 21 (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result 22 in increasing its flood damage potential must be protected to the regulatory flood protection elevation in 23 accordance with any of the elevation on fill or floodproofing techniques(i.e., FP1 thru FP4 floodproofing 24 classifications)allowable in the State Building Code,except as further restricted in (3)and(7) below. 25 (3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of 26 any nonconforming structure,that shall be considered substantial improvement,and the entire structure 27 must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures,depending upon 28 whether the structure is in the Floodway or Flood Fringe District, respectively.The cost of all structural 29 alterations and additions must include all costs such as construction materials and a reasonable cost placed 30 on all manpower or labor. 31 (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one 32 year,any future use of the premises must conform to this ordinance.The Assessor must notify the City 33 Administrator in writing of instances of nonconformities that have been discontinued for a period of more 34 than one year. 35 (5) If any nonconformity is substantially damaged,as defined in Section 78-1111 of this ordinance, it may not 36 be reconstructed except in conformity with the provisions of this ordinance.The applicable provisions for 37 establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use 38 or structure is in the Floodway or Flood Fringe, respectively. 39 (6) If any nonconforming use or structure experiences a repetitive loss,as defined in 78-1111 of this 40 ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 41 (7)Any substantial improvement,as defined in Section 78-1111 of this ordinance,to a nonconforming structure 42 requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of 43 this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood 44 Fringe District. 45 SECTION 12.0 PENALTIES AND ENfORCEMENT Flood Plain Ordinance Page 16 1 78-1150 Violation Constitutes a Misdemeanor:Violation of the provisions of this ordinance or failure to compiy 2 with any of its requirements(including violations of conditions and safeguards established in connection with 3 grants of variances or conditional uses)constitute a misdemeanor and will be punishable as defined by law. 4 78-1151 Other Lawful Action: Nothing in this ordinance restricts the City of Orono from taking such other lawful 5 action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond 6 to the City Administrator within the specified period of time,each additional day that lapses will constitute an 7 additional violation of this ordinance and will be prosecuted accordingly. 8 78-1152 Enforcement:In responding to a suspected ordinance violation,the City may utilize the full array of 9 enforcement actions availabie to it including but not limited to prosecution and fines,injunctions,after-the-fact 10 permits,orders for corrective measures or a request to the National Flood Insurance Program for denial of flood 11 insurance availability to the guilty party.The City of Orono must act in good faith to enforce these official controls 12 and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood 13 Insurance Program. 14 SECTION 13.0 AMENDMENTS 15 78-1153 Floodplain Designation—Restrictions on Removal:The floodplain designation on the Official Zoning Map 16 must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area 17 has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands 18 outside the floodplain.Special exceptions to this rule may be permitted by the Commissioner of the Department of 19 Natural Resources(DNR)if the Commissioner determines that,through other measures,lands are adequately 20 protected for the intended use. 21 78-1154 Amendments Require DNR Approval:All amendments to this ordinance must be submitted to and 22 approved by the Commissioner of the Department of Natural Resources(DNR) prior to adoption.The 23 Commissioner must approve the amendment prior to community approval. 24 78-1155 Map Revisions Require Ordinance Amendments.The floodplain district regulations must be amended to 25 incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in 26 Section 78-1105 of this ordinance. 27 Flood Plain Ordinance Page 17 PC Exhibit B Existing Ordinance ARTICLE VIII.-FLOODPLAIN MANAGEMENTU DIVISION 1.-STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Sec.78-1101.-Statutory authorization. The legislature of the State of Minnesota has, in Minn. Stat. ch. 103F and Minn. Stat. § 462.357 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as follows: Sec.78-1102.-Findings of fact. (a) The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) Methods used to analyze flood hazards. This article is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (c) National Flood Insurance Program compliance. This article is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. Sec.78-1103.-Statement of purpose. It is the purpose of this article to promote the public health,safety, and general welfare and to minimize those losses described in section 78-1102(a) by provisions contained herein. DIVISION 2.-GENERAL PROVISIONS Sec.78-1104.-Lands to which article applies. This article shall apply to all lands within the jurisdiction of the city shown on the officiai floodplain overlay district map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain districts. Sec.78-1105.-Establishment of official floodplain overlay district map. The official floodplain overlay district map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this article.The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota. All jurisdictions and the flood insurance rate map panels numbered 27053C0144E, 27053C0165E, 27053CO284E, 27053CO285E, 27053CO292E, 27053C0301E, 27053C0302E, 27053C0303, 27053C0304E, 27053C0306E, 27053C0307E, 27053C0308E, 27053C0311 E, 27053C0312E, 27053C0312E, 27053C0316E for the city, dated September 2, 2004, as developed by the Federal Emergency Management Agency. The official floodplain overlay district map shall be on file in the office of the planning director. Sec.78-1106.-Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Sec.78-1107.-Interpretation. Page 1 (a) In their interpretation and application, the provisions of this article shall be held to be minimum requirements arid shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the official floodplain overlay district map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official floodplain overlay district map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the planning director, the city council shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the city council and to submit technical evidence. Sec. 78-1108.-Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However,where this article imposes greater restrictions,the provisions of this article shall prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only. Sec.78-1109.-Warning and disclaimer of liability. This article does not imply that areas outside the flood plain districts or fand uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec.78-1110.-Severability. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. Sec.78-1111.-Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application. (1) Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (2) Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (3) Conditiona/use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (4) Equal degree of encroachment means a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (5) Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Page 2 (6) Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (7) Flood fringe means that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study. (8) Flood plain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (9) Flood proofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (10) Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. (11) Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water-connected portions, whether naturally occurring or artificially created: a. Defined ordinary high water elevation, 929.4 feet MSL. b. Defined floodplain boundary, 100-year flood, 931.5 feet MSL as established by the Minnehaha Creek Watershed District(MCWD). (12) Lowest f/oor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (13) Manufactured home means a structure, transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." (14) Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fiil, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (15) Principa/use or structure means all uses or structures that are not accessory uses or structures. (16) Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (17) Recreational vehic/e means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this article, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (18) Regiona/ f/ood means a flood which is representative of large fioods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. (19) Regu/atory f/ood protection e/evation means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Page 3 a. The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface elevations within floodway listed in the floodway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. b. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. c. The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article. (20) Structure means anything constructed or erected on the ground or attached to the ground or on- site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes,recreational vehicles not meeting the exemption criteria specified in section 78-1131(1)of this article and other similar items. (21) Substanfia/ damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (22) Subsfantial improvement means, within any consecutive 365-day period, any reconstruction, rehabilitation (including normai maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the"start of construction"of the improvement.This term includes structures that have incurred"substantial damage,"regardless of the actual repair work performed.The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this article, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. (23) Variance means a modification of a specific permitted development standard required in an official control including this article to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a practical difficulty as defined and elaborated upon in a community's respective planning and zoning enabling legislation. (Ord.No.88 3rd series, §4,6-27-2011) DIVISION 3.-ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS Sec.78-1112.-Districts. (a) Floodway district. The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in section 78-1105. (b) Flood fringe district. The flood fringe district shall include those areas designated as floodway fringe. The flood fringe district shall include those areas shown on the flood insurance rate map as adopted in section 78-1105 as being within zone AE but being located outside of the floodway. (c) General flood plain district. The general flood plain district shall include those areas designated as zone A or zone AE without a floodway on the flood insurance rate map adopted in section 78-1105. Sec.78-1113.-Compliance. Page 4 No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. Within the floodway, flood fringe and general flood plain districts, all uses not listed as permitted uses or conditional uses in divisions 4, 5 and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this article and specifically division 9. (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this article and specifically section 78-1136. (3) As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this article and specificaily as stated in section 78-1133 of this article. DIVISION 4.-FLOODWAY DISTRICT(FW) Sec.78-1114.-Permitted uses. (a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Private and public golf courses, driving ranges, archery ranges, picnic grounds, public boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (c) Residential lawns, gardens, parking areas, boat launching ramps, and play areas, provided no filling, grading or hardcover is involved. (d) Seasonally installed residential boat docks for single-family dwellings. (e) Natural stone riprap shoreline protection. (f) Sand beach blankets meeting the requirements of the DNR regulation 6MCAR15021 B. Sec.78-1115.-Standards for floodway permitted uses. (a) The use shall have a low flood damage potential. (b) The use shall be permissible in the underlying zoning district if one exists. (c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. (d) The use shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations are received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. (e) No use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. Sec.78-1116.-Conditional uses. (a) Structures accessory to the uses listed in 78-1114 above and the uses listed in 78-1116(a)subsections 1-8 below. 1. Extraction and storage of sand, gravel, and other materials. Page 5 2. Marinas, boat rentals, docks, piers, wharves, and water control structures. 3. Railroads, streets, bridges, utility transmission lines, and pipelines. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences. 6. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 7. All other forms of shoreline protection, including wood, metal mortared stone or concrete seawalls. 8. All permanent boat docks or other similar structures. Sec.78-1117.-Standards for floodway conditional uses. (a) All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) All floodway conditional uses shall be subject to the procedures and standards contained in section 78-1135 of this article. (c) The conditional use shall be permissible in the underlying zoning district if one exists. (d) FitL 1. Fill, dredge spoil, and all other similar materials, if approved to be deposited or stored, deposited or stored in the flood plain shall be no more than the minimal amount necessary to conduct a conditional use. The fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. 2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3. As an alternative, and consistent with subsection(d)(2)immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 4. All filling and grading activities shall be performed with only clean fill. (e) Accessory structures: 1. Accessory structures shall not be designed for human habitation. 2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. Page 6 3. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic"openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (f) Storage of materials and equipment. 1, The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. (g) Flood control. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minn. Stat. ch. 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. DIVISION 5.-FLOOD FRINGE DISTRICT(FF) Sec.78-1118.-Permitted uses. (a) The uses listed in section 78-1114 of this article shall be permitted uses. (b) All other permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe district provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for flood fringe district"Permitted uses"listed in section 78-1119 and the"Standards for all flood fringe uses" listed in section 78-1122. Sec.78-1119.-Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. Page 7 (b) As an alternative to elevation on fill,accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with section 78-1117(e)(3). (c) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with section 78-1119(a)of this article. (d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (e) The provisions of section 78-1122 of this article shall apply. Sec.78-1120.-Conditional uses. Any structure that is not elevated on fill or flood proofed in accordance with section 78-1119(a)and(b) and or any use of land that does not comply with the standards in section 78-1119(c)and(d) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in sections 78-1121, 78-1122 and 78-1135 of this article. Sec.78-1121.-Standards for flood fringe conditional uses. (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls,etc.,or above-grade,enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1)the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: a. Design and certi�cation. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific standards for above-grade, enc/osed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one-foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (2) Basements, as defined by section 78-1111(a)(2)of this article, shall be subject to the foltowing: a. Residential basement construction shall not be allowed below the regulatory flood protection elevation. Page 8 b. Non-residentiai basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with section 78-1121(3) of this article. (3) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. (4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads,dredge spoil disposal or construction of flood control works, an erosionlsedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city council. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (5) Storage of materials and equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. (6) The provisions of section 78-1122 of this article shall also apply. Sec.78-1122.-Standards for all flood fringe uses. (a) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the city council must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (b) Commercial uses. Accessory land uses, such �s yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity(in feet per second) the product number exceeds four upon occurrence of the regional flood. (c) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in section 78-1122(b)above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency(FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation—FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments.These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Page 9 (e) Flood piain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official floodplain overlay district map. (f) Standards for recreational vehicles are contained in section 78-1131. (g) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. DIVISION 6.-GENERAL FLOOD PLAIN DISTRICT Sec.78-1123.-Permitted uses. (a) The uses listed in section 78-1114 of this article shall be permitted uses. (b) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to section 78- 1124 below. Division 4 shall apply if the proposed use is in the floodway district and division 5 shall apply if the proposed use is in the flood fringe district. Sec.78-1124. -Procedures for floodway and flood fringe determinations within the general flood plain district. (a) Upon receipt of an application for a permit or other approval within the general flood plain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the planning director for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. 1. A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. 2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. 3. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. 4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000-6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources'area hydrologist prior to commencing the analysis. The designated engineer or expert shall: 1. Estimate the peak discharge of the regional flood. 2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. Page 10 (c) The planning director shall present the technical evaluation and findings of the designated engineer or expert to the governing body. The governing body must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit appiication. The governing body,prior to official action,may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the department of natural resources or the city council for review and comment. Once the floodway and flood fringe district boundaries have been determined, the governing body shall refer the matter back to the planning director who shall process the permit application consistent with the applicable provisions of divisions 4 and 5 of this article. DIVISION 7.-SUBDIVISIONS Sec.78-1125.-Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities.All lots within the flood plain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this article and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. Sec.78-1126.-Floodway/flood fringe determinations in the general flood plain district. In the general flood plain district, applicants shall provide the information required in section 78-1124 of this article to determine the 100-year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site. Sec.78-1127.-Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. DIVISION 8.-PUBLIC UTILITIES, RAILROADS, ROADS,AND BRIDGES Sec.78-1128.-Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. Sec.78-1129.-Public transportation facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with divisions 4 and 5 of this article. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Sec.78-1130.-On-site sewage treatment and water supply systems. Where public utilities are not provided: 1)On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems Page 11 and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. DIVISION 9.-PLACEMENT OF RECREATIONAL VEHICLES Sec.78-1131.-Recreational vehicles. Recreational vehicles that do not meet the exemption criteria specified in section 78-1131(1) below shall be subject to the provisions of this article and as specifically spelled out in section 78-1131(3) below. (1) Exemption. Recreational vehicles are exempt from the provisions of this article if they are placed in any of the areas listed in section(2) below and further they meet the following criteria: a. Have current licenses required for highway use. b. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. c. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. (2) Areas exempted for placement of recreational vehicles: a. Individual Iots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium type associations. (3) Recreational vehicles exempted in section 78-1131(1) above lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in divisions 4 and 5 of this article. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur. DIVISION 10.-ADMINISTRATION Sec.78-1132.-Planning director. A planning director or designee shall administer and enforce this article. If the planning director finds a violation of the provisions of this article the planning director shall notify the person responsible for such violation in accordance with the procedures stated in section 78-1138 of the article. Sec.78-1133. -Permit requirements. (a) Permif required. A permit issued by the planning director in conformity with the provisions of this article shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system;prior to the change or extension of a nonconforming use;prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. Page 12 (b) Application for permit. Application for a permit shall be made in duplicate to the planning director on forms fumished by the planning director and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (c) State and federa/permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the planning director shall determine that the applicant has obtained a�l necessary state and federal permits. (d) Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance has been issued by the planning director stating that the use of the building or land conforms to the requirements of this article. (e) Construction and use to be as provided on applications, p/ans, permits, variances and certificafes of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article, and punishable as provided by section 78-1138 of this article. (f) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this article. F►ood proofing measures shall be certified by a registered professional engineer or registered architect. (g) Record of first f/oor e/evation. The planning director shall maintain a record of the elevation of the lowest floor(including basement)of all new structures and alterations or additions to existing structures in the floodplain. The planning director shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed. (h) Notifications for wafercourse a/terations. The planning director shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat. ch. 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency(FEMA). (i) Nofification to FEMA when physical changes increase or decrease the 100-year flood elevafion. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the planning director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Sec.78-1134.-Appeals and variances/duties of the city council. (a) Rules. The city council shall adopt rules for the conduct of business and may exercise all of the powers conferred on such bodies by state law. (b) Administrative review. The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this article. (c) Variances. The city council may authorize upon appeal in specific cases such relief or variance from the terms of this article as will not be contrary to the public interest and only when practical difficulties exist,as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this article, any other zoning regulations in the community, and in the respective enabling legislation that justified the granting of Page 13 the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: 1. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. 2. Variances shall on►y be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii)a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense,create nuisances,cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Hearings. Upon filing with the city council of an appeal from a decision of the planning director, or an application for a variance, the city council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The city council shall submit by mail to the commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. (e) Decisions. The city council shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal,the city council may,so long as such action is in conformity with the provisions of this article, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the planning director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the city council may prescribe appropriate conditions and safeguards such as those specified in section 78-1135(6),which are in conformity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted,shall be deemed a violation of this article punishable under section 78-1138. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten days of such action. (f) Appea/s. Appeals from any decision of the city council may be made, and as specified in this community's official controls and also by Minnesota Statutes. (g) Flood insurance notice and record keeping. The planning director shall notify the applicant for a variance that: 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for$100.00 of insurance coverage; and 2) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. (Ord.No.88 3rd series, § 5,6-27-2011) Sec.78-1135.-Conditional uses. The city council shall hear and decide applications for conditional uses permissible under this article. Applications shall be submitted to the planning director who shall forward the application to city council for consideration. (1) Hearings. Upon filing with the city an application for a conditional use permit, the city shall submit by mail to the commissioner of natural resources a copy of the application for proposed conditional use sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. Page 14 (2) Decisions. The city council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the city council shall prescribe appropriate conditions and safeguards, in addition to those specified in section 78-1135(6), which are in conformity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted,shall be deemed a violation of this article punishable under section 78-1138. A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten days of such action. (3) Procedures to be followed by the city in passing on conditiona/use permit applications within all flood plain districts. a. Require the applicant to furnish such of the following information and additional information as deemed necessary by the city for determining the suitability of the particular site for the proposed use: 1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading,channel improvement,storage of materials,water supply and sanitary facilities. b. Transmit one copy of the information described in subsection (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities,the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. c. Based upon the technical evaluation of the designated engineer or expert, the city council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (4) Factors upon which fhe decision of the cify council shall be based. In passing upon conditional use applications, the city council shall consider all relevant factors specified in other sections of this article, and: a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. Page 15 k. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. I. Such other factors which are relevant to the purposes of this article. (5) Time for acting on application.The city council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to section 78-1135(3) of this article. The city council shall render a written decision within 60 days from the receipt of such additional information. (6) Conditions attached to conditiona/ use permits. Upon consideration of the factors listed above and the purpose of this article, the city council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include, but are not timited to, the following: a. Modificatio� of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Flood proofing measures, in accordance with the State Building Code and this article. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. DIVISION 11.-NONCONFORMING USES Sec.78-1136. -Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures, as defined in section 78-1111(a)(22)(b)of this article, shall be subject to the provisions of sections 78-1136(1)--(5)of this article. (1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. (2) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3)and (6) below. (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost which wili include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure,then the structure must meet the standards of division 4 or 5 of this article for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively. (4) If any nonconforming use is discontinued for 12 consecutive months,any future use of the building premises shall conform to this article. The assessor shall notify the planning director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. Page 16 (5) If any nonconforming use or structure is substantially damaged, as defined in section 78- 1111(a)(21)of this article, it shall not be reconstructed except in conformiry with the provisions of this article. The applicable provisions for establishing new uses or new structures in divisions 4, 5 or 6 will apply depending upon whether the use or structure is in the floodway, flood fringe or general flood plain district, respectively. (6) If a substantial improvement occurs, as defined in section 78-1111(a)(22)of this article,from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by section 78-1136(2) above)and the existing nonconforming building must meet the requirements of divisions 4 or 5 of this article for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. DIVISION 12.-PENALTIES FOR VIOLATION Sec. 78-1137.-Violations. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses)shall constitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1138.-Authority/enforcement actions. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected ordinance violation,the planning director and local government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party.The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an ordinance violation is either discovered by or brought to the attention of the planning director,the planning director shall immediately investigate the situation and document the nature and extent of the violation of the official control.As soon as is reasonably possible,this information will be submitted to the appropriate department of natural resources' and Federal Emergency Management Agency regional office along with the community's plan of action to correct the violation to the degree possible. (3) The planning director shall notify the suspected party of the requirements of this article and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the planning director may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the planning director may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after-the-fact permiUdevelopment approval within a specified period of time not to exceed 30-days. (4) If the responsible party does not appropriately respond to the planning director within the specified period of time,each additional day that lapses shall constitute an additional violation of this article and shall be prosecuted accordingly. The planning director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this article. DIVISION 13.-AMENDMENTS Page 17 Sec.78-1139.-Floodplain designation. The flood plain designation on the official floodplain overlay district map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measures, lands are adequately protected for the intended use. Sec.78-1140.-Amendments. All amendments to this article, including amendments to the official floodplain overlay district map, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official floodplain overlay district map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten-days written notice of all hearings to consider an amendment to this article and said notice shall include a draft of the article amendment or technical study under consideration. Secs.78-1141-78-1210.-Reserved. Page 18