HomeMy WebLinkAbout05-21-2012 Planning Commission Packet PUBLIC ATTENDANCE
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V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC .
ORDINANCE NO. , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING CHAPTER 78 REGARDING PRIVATE DOCKS IN
DISTRICTS LR-lA,LR-1B,LR-1C,AND LR-1C-1
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. The following language has been added to Section 78-304(6) of the Orono City
Code:
�� ��......,�,� �.�,�.�.�..�
�(6)-�Pri�vate docks;subject o this code and ot�her applicable-regulafions;ineluding-boat
storage density requirements. The�accessorv use ofla nrivate dock shall not� ,
include rentiri�or otherwise brovidin�snace, includiri�boat buovs, for dockin�,
mFoonn�. or storin�one�or more boats belon�in�to�nersons other than tlie owner
orioccunarit of the.n`ron'ertv. excent�when licensed as a ioint use.
Th"e f llov�n'n exce�'ions shall�e�allow�d• �"�'�"`�'�
11� � Relat'ives of the home owner shall be allowed to dock a boat on the�nrivate
dock. � ° � �
21 � Prob�rtv owriers�loca�d wit��00 eet�f the nrivate dock mav dock a
�'' boat on the private dock�. � � �
3 Ank 'oat ma � e�d 'cked n a rivate d�ck f �a eriod not to ex�e�d 2
consecutive hours.
SECTION 2. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this day of ,2012 by the Orono City Council.
CITY OF ORONO
Lili Tod McMillan, Mayor
ATTEST:
Linda S. Vee, City Clerk
157076v2
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To: Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
From: Michael P. Gaffron,Asst. City Administrator �
Date: May 18, 2012 �
Subject: #11-3503, City of Orono,Zoning Text Amendment
Residential Zoning Districts: Residential Dock Rental
- -Continuation of Public Hearing
List of Exhibits
ExhibitA. Draft Planning Commission Minutes 4/16/12
Exhibit 8. Memo and Exhibits of 4/12/12
This item was tabled at the March Planning Commission meeting and again at the April meeting in order
to allow for additional public input. Minutes from those meetings are attached.
Staff and the City Attorney have had numerous conversations regarding the potential pitfalls in adopting
language that might address the PC and Council's suggested goals for revising the dock slip rental
ordinances. Rather than drafting specific language that may not be functionally enforceable, City
Attorney Soren Mattick will be at the Planning Commission meeting Monday evening to discuss this
issue.
Staff Recommendation
Planning Commission should take any additional public input and discuss the issues with the City
Attorney.
� MINUTES OF THE PC Exhibit A
ORONO PLANNING COMIVIISSION MEETING �
Monday,April 16,2012 �
6:30 o'clock p.m. e
�
Gronberg not the other wooded area on the lot to the east is being included ' conservation easement. �
The trees along ' low Drive will also be saved. Gronberg commented larger holding pond is
required to meet the ' standards and that this location is really t only option available to
accommodate it.
Daniel Nelson,Applicant,had no 'ng to add to Sta report.
Chair Schoenzeit opened the public hearin 6:45 p.m.
There were no comments regardin is application.
Chair Schoenzeit closed t public hearing at 6:45 p.m.
Landgraver mov ,Schoenzeit seconded,to recommend approval of lication#11-3534,Arthur
J.Nelson Es e,400 Willow Drive South,subdivision and preliminary plat roval,subject to the
conditio outlined in Staffs report and the recommendations of the City Engine VOTE:
A ,Nays 0. "'
7. #11-3503 CITY OF ORONO,ZONING�CODE TEXT AMENDMENT- LAKESHORE
RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL,6:47 P.M.-7:07 P.M.
Schoenzeit noted this item should be heard under old business since it was tabled at the March Planning
Commission meeting.
Gaffron concurred that this application is old business and that he has only heard from one or two
residents this past week concerning this item.
Gaffron stated the text amendment was tabled at the March Planning Commission meeting to allow for
additional public input. The City Attorney and Staff have had a number of discussions concerning this
text amendment. The issue before the Planning Commission is whether the City should allow residential
boat slip rental. Staff originally proposed an amendment that seeks to clarify the current regulation that
prohibits private residential dock rental. The City Council directed Staff to draft a couple of options for
Planning Commission and City Council review.
The first option would be to allow docking of guest boats on a short-term basis, and various permutations
of that language have been discussed.The second option is to remove the current prohibitions on
residential dock slip rental and simply allow boat slip rental on Lake Minnetonka. Gaf&on noted there
are some differences between the way Orono regulates boat slips and the way the LMCD regulates them.
The LMCD does not really attempt to regulate boat slips unless there are more than three boat slips
located on a single property.
The City has ordinances in place since the 1960s that generally prohibit rental of residential boat slips.
The intent of Staff was to simplify the code since the current language is contained in five or six different
sections of the code. The main concern expressed to date has been that there should not be residential
boat slip rental but provisions need to be made for relatives,neighbors and friends. In talking with the
City Attorney,he has indicated he is uncomfortable with defining what a friend,a neighbor, or a relative
is. The City Attorney has not proposed any enforcement language at this time and has indicated he does
not feel he would be able to suggest any new language that would be enforceable.
Page 3
� MINUTES OF THE J
ORONO PLANNING COMIVIISSION MEETING � O
Monday,Apri116,2012 �
6:30 o'clock p.m. /O/
.rZ�
- �Gaffron noted a considerable amount of public comment was received at the Mazch Planning Commission
meeting.
Chair Schoenzeit opened the public hearing at 6:51 p.m.
There were no public comments regarding this item.
Chair Schoenzeit closed the public hearing at 6:51 p.m.
Schoenzeit asked what the possible scenarios are that would be available for consideration by the�
Planning Commission without a recommendation from the City Attorney.
Gaffron stated one of the concerns of the City Council is that everyone who has an interest in this
amendment has a chance to provide input. Gaffron noted this item was not published since it was
continued at last month's meeting. There has not beeri a great effort by Staff to notify the public,and at
this point, given the public comment at the last meeting,the Planning Commission has the option to table
the application and perhaps direct Staff to provide more notice to the public. The Planning Commission
could also forward the application to the City Council with a recommendation. Gaffron indicated there is
not an urgent need to pass this application tonight.
Schoenzeit stated his feeling is that if there are any changes to be made to the code,they might make the
situation more complicated,and that the number of issues associated with this issue is limited.
Schoenzeit stated in his view there should be more opportunity for public notice.
Levang indicated she is in agreement that the application should be tabled. The primary issue that Staff
has is simplifying the code by consolidating the language into one section and that she would be more
comfortable with notifying the public of the proposed text amendment to allow the City to get their input.
Schoenzeit asked what the desire of the City Council is.
City Council Member Rahn stated his thought would be that at some point in time Staff would be drafting
changes to the ordinance for the Planning Commission to review. Rahn indicated based on the City
Attorney's comments,he is not sure whether that will be possible or not,but that he would like the
Planning Commission to review any alternate language that may be proposed. Rahn concurred that it is
� difficult to discuss the text amendment when there is no new language being proposed.
Gaffron indicated Staff could provide the Planning Commission with some options and the
disadvanta.ges/advanta.ges that Staff feels are associated with each of those options. Gaffron commented
the options presented may not be options recommended by Staff and/or the City Attorney,but that the
Planning Commission would at least have the opportunity to review and discuss them.
Thiesse commented it appears that there are a few words that have been added to some sections of the text
amendment that appear to be an issue and that perhaps that language could be removed and the sections
. could be consolidated
Gaffron stated the words that have been added is a statement in each of the lakeshore zoning districts
stating that the accessory use of a private dock shall not include renting or otherwise providing space,
including boat buoys for docking,mooring or storing one or more boats belonging to persons other than �
Page 4
�
` NiINUTES OF THE
ORONO PLANNING COA�IlVIISSION MEETING � o
Monday,Apri116,2012
6:30 o'clock p.m. �
..Z� �
'oint use. That lan a e currentl exists �
the owner or occupant of the property except when licensed as a� gu g y
in the code but is in different sections of the code,which makes it difficult to explain to property owners.
Landgraver stated in his view they should direct Staff to draft some language and then hold another public
hearing to obtain any other input from the general public.
Schoenzeit reopened the public hearing at 7:00 p.m.
Richard Anderson,3205 Crystal Bay Road,noted the Planning Commission voted 6-0 to accept the
language that Staff has proposed. Anderson indicated he is the owner of three marinas in Orono and that
he is opposed to allowing rental of residential docks. The majority of the public at the last Planning
Commission meeting also indicated they were opposed to the rental of residential dock slips. The
Planning Commission voted 6-0 to accept Staff's language and the text amendment then went to the City
Council. Only one council member was opposed to the vote. Anderson indicated he is not sure what the
motive is of that council member to send it back to the Planning Commission since they have already
recommended approval of the language.
Schoenzeit stated he did attend the City Council meeting where this was discussed and that the City is
working to create ordinances that are reasonable and fair. Schoenzeit noted there is language in the text
amendment that would°prohibit residents from doing certain things and that the ordinance needs to be .
examined and thoroughly discussed prior to it being adopted. If the current ordinance is broken,it needs
to be adjusted and all options need to be considered. Schoenzeit indicated the City wants to look at it
further to see if the language can be made to match the usage.
Anderson asked what the intent of the meeting was last month.
Schoenzeit indicated the intent was to get public input on the draft text amendment and that additional
questions were raised at the City Council meeting. Schoenzeit commented there are different options to
deal with some of these issues,particularly as they relate to parking,without impacting what happens in
the water.
Anderson questioned whether there should be a B2 District anymore. Anderson asked how the B2
District would be protected.
Schoenzeit sta.ted those are fair questions and need to be looked at. Schoenzeit noted there is no new
recommendation to review or approve the text amendment and that protection for nonrental is well
established in the City's current code.
Levang noted there was no legal notice of a public hearing tonight,which is part of the concern of the
Planning Commission. The process typically is that no legal notice is required when an application is
tabled,but that the Planning Commission wants to make sure that the public has ample notice of this text
amendment. �
Anderson asked what additional direction the Planning Commission is giving to Staff and the City
Council.
Schoenzeit stated the City will continue to review the amendment to see what other options are available.
Page 5
NIINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING O O
Monday,Aprit 16,2012 �
6:30 o'clock p.m. �
.,l/
Anderson commented the Planning Commission does not appear to be at a point where further direction V
can be given. Anderson stated he has worked with the City for the past 25 years and that he maintains a
legal,well-maintained operation. '
� Schoenzeit sta.ted the City appreciates the comments and participation of Mr.Anderson on this item:
Schoenzeit moved,Lesldnen seconded,to table Application#11-3503,City of Orono,Zoning Code
Text Amendment—Lakeshore Residential Zoning Districts: Dock Rental. VOTE: Ayes 5,Nays 0.
NEW BUSINESS �
3. #12- 49 MARGARET PELTOLA, 1550 NORTH ARM DRIVE TER-THE-FACT
VARIANCES, :08 P.M.
•,�� Margazet Peltola,A licant,was present. ��•
Gaffron stated the appli nt is requesting an after-the-fact front s ack variance for the construction of
an enclosed entryway an overed deck. The existing home,c structed in approximately 1930,is a one-
� story walkout rambler with one-sta.11 detached garage. Ove the winter the applicant,with the assistance
of a friend,began construction f an enclosed 6'x 6'en ay and a 6'x 6'adjacent deck without the
required building permits. Revi of a 1999 survey on e indicated the partially finished structure was
located less than the required 35-f t setback from th ont lot line.The applicant has provided an
updated survey and is requesting var ce approval ' order to complete the structure as proposed.
The proposed enclosed entryway as con cte is 34.4 feet from the street lot line and the covered deck
e�ctending from it is 28.4 feet from the fron t line. The LR 1B zoning district requires a 35-foot front or
street yard setback. No other variances ar r uired for this addition.
With the enclosed entryway door faci g the stree an entry porch or stoop encroaching into the setback is
necessary for reasonable access du o the height o he main floor. If the enhy door was relocated to the
side of the enclosed entryway, a oop could likely be onstructed that would not require a variance.
Covering that side entry stoop ight impact views from e front windows and would reduce light into
those windows.
The applicant has indicat d to Staff that the interior of the enc sed entryway is too small to allow for
large furniture,etc.,to ake the turn so that a straight-through c figuration was constructed.
Additionally the appl' ant has indicated that a south facing door porch would conflict with existing
utilities. The appli t also noted that the covered porch is intende o protect visitors from the rain, etc.,
as the house has mimal overhangs.
A factor in co sidering practical di�culty is whether the request is in kee ' g with the character of the
neighborhoo and adjacent properties. The Planning Commission should de rmine if the requested
setback v ance will alter the essential character of the locality. The applican ' proposing an addition
that will tend 12' closer to the road than the west wall of the home,which is 3 , ercent from the
street 1 line. Because the residence is slightly angled back from the street,the neare t point of the
enclo d entryway will be 34.4 feet from the street lot line or just 0.06 feet closer than allowed.
However,the addition of the covered deck/porch is the primary cause of the need for a variance.
Page 6
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' PC Exhibit B �
To: Chair Schoenzeit and Planning Commission Members
lessica Loftus, City Administrator
From: Michael P. Gaffron,Asst. City Administrator .
Date: April 12, 2012
Subject: #11-3503,City of Orono,Zoning Text Amendment
Residential Zoning Districts: Residential Dock Rental
-Continuation of Public Hearing
List of Exhibits
ExhibitA. Draft Planning Commission Minutes 3/19/12
Exhibit 8. Memo and Exhibits of 3/15/12 .
This item was tabled at the March Planning Commission meeting in order to allow for additional public .
input. Draft minutes from that meeting are attached.
,,.:. ,
,
. � �-lNA�-
� MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
Pla ing Staff recommends approval of the variances and the CUP for the existing and future obse ation
platfo s. Staff also recommends approval of the variances to allow the pavilion to be construc d as
shown. 1 of the City Engineer and Wetland Specialist's requirements, including wetland b er
� improvemen and erosion con�rol measures,will be addressed with the administrative bu' ing permit
(and land altera ' n permits)following variance and CUP approval. Submittal of a rev' ed survey and
grading plan showi the OWI�,of Lake Classen should be required prior to City uncil review and
•approval. Submittal o CWD approval of the projects should be required for t administrative permit
as well.
Justin McCoy, Orono Public Sch ls, stated this is an important project r their environmental program.
The School District has moved ahea after receiving the funds and ha ooked at a number of options. If
the pavilion is constructed within the r uired setbacks, it would re ire additional land alteration. They
. have an ecosystem that they are focused o educating the stude on,which is why they are proposing
the pavilion in the location that they are. Th variance will b equired for the proper placement of the
pavilion and walking trails.
.,��; � ,.. , .
Schoenzeit asked if the area would be fully handicap cessible. ,
McCoy indicated it would be. The ground surfa would crushed granite. The goal is to comply with
all best practices for hard surface runoff. � �
Schoenzeit asked what the time frame fo the project is.
McCoy indicated the deadline is Ju e 30'h in order to receive the fundin
Chair Schoenzeit opened the lic hearing at 8:12 p.m.
There were no public co ments regarding this application.
Chair Schoenzeit c sed tlie public hearing at 8:12 p.m.
Landgraver co ented this is a good opportunity for the students.
Levang oved,Schwingler seconded,to recommend approval of Application#12-3548,Oron
Schoo istrict,685 Old Crystal Bay Road North,granhng of variances and conditional use per it.
VO : Ayes 6,Nays 0. �
6. #11-3503 CITY OF ORONO,ZONING CODE TEXT AMENDMENT-LAI�SHORE
RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL,8:14 P.M.—9:44 P.M.�
Gaffron stated the City is considering two options for regulation of residential dock slip rental.
Approximately one year ago Staff proposed an amendment to clarify the current regulations. The City
Council has directed recently that this option be amended to allow docki�g of guest boats on a short-term
basis since the cunent code does not allow that. The City Council also directed that another option be
considered as part of this process,which is to essentially remove all the current prohibitions on residential
dock slip rental. �
Page
15
, , ,
MINUTES OF THE '
ORONO PLANNING COD�IIVIISSION MEETING
Monday,March 19,2012 _
� 6:30 o'clock p.m.
Exhibit B goes through the different code sections regarding dock rentals. The definition in both the
zoning code and licensing section defines the marina business as being engaged in one or more of the
permitting accessory or conditional uses that are allowed in the B2 district,which is the marina district.
Another definition says that within the B2 district,rental of in-water boat slips is a permitted use as is on
land storage of boats during the summer. One of the basic principles of zoning is if the use is not listed as
a permitted accessory or permitted use, it is not allowed. Rental of in-water�boat slips is not listed as a
permitted accessory or permitted use in any of the residential zoning districts.
In those districts, private docks are an allowed accessory use. Private docks are not specifically defined
in the code. The City has continually stated and the courts have upheld that a private dock is an accessory �
structure which is used by definition is used exclusively for purposes incidental of those of the principal
use for the use of the owners or occupants of the property. The licensing section also states that the
business of docking,mooring or storing of boats is renting or otherwise providing space, including boats,
buoys for docking,mooring or storing one or more boats belonging to persons other than the owner ar
occupant of the property except when licensed as a joint use or business use, such as engaging in either
the marina business or in the business of docking or storing boats.
Gaffron noted there is also a document in the packet that talks about how the definition of dock rental
regulation has evolved since 1962. �
•Item No 6 of the Iicensing section also says that it is unlawful for any person to engage or participate in
business use without first having obtained an annual license. Item No. 7 of the licensing section says that
� � you cannot get a business use license unless you are in the B2 marina business district: Slip rentals are � . �
considered a marina business and slip rental requires a marina business license. Marina businesses are
not allowed to be licensed in residential district.
Gaffron stated that is the series of ordinances currently in force today that prevents rental of slips at
residential properties. Last May Staff brought before the Planning Commission and City Council a text .
amendment that was intended to make it less of a tedious review so that it would be combined in one
location of the Code. �
Gaffron noted the Code itself has changed through the years. In addition,the definitions through the
years have changed regarding what is considered to be a boat owner's relationship to a property. In 1962, .
when the first code was adopted, it talked about persons other than the owner of the property not being
allowed to have boats at the properiy. That was changed in 1974 to allow persons,other than the owner or
renter of the property. That changed again in 1984 to persons other than the owner or occupant of the
property. �
"� The Council pointed out that this language constitutes a violation if a property owner were to allow a
neighbor or a relative to keep a boat at their dock. Staff feels that is problematic because there are
situations where a relative may want to have a boat at their relative's dock. There are also situations in .
neighborhoods where someone does not have a boat or has a few boats and someone would like to use
that boat slip. .
The e�cisting code historically has been enforced primarily when a complaint is received. The City
receives a number of complaints each .year. Staff has identified and documented 14 complaints or
situations where there has been a violation in the last three fiscal years. Orono has approximately 1,000
lakeshore properties,so the number of complaints amount to less than one percent. The questions or
Page
16
. . .
� � MIlVUTES OF THE �
� ORONO PLANNING CONIlVIISSION MEETING
Monday,March 19,2012 � '
6:30 o'clock p.m.
complaints that do arise are typically from neighbors where boat siips are being rented to a non-owner,
non-renter, or non-occupant of the property. The impacts include traffic,noise, activiiy at odd hours,
parking concerns, and the uncertainty of unknown persons being in the neighborhood.
Gaffron stated in his view there are situations that have caused issues but there are probably a signifieant
number of situations that have not caused problems. Orono does have a number of commercial marinas.
In total they provide approximately 450 rental slips. The marina owners are aware that some of the boat
owners likely will gravitate to a less costly,private slip if the opportunity is available. Whether this is a
common occunence has not been studied and Staff does not know how often this is happening. Staff
does have some e�camples of property ownership in the leasing of lakeshore property that makes this more
of a complex issue than it may seem on the face of it. ,
Gaffron stated two actual examples Staff has faced in the past include the following:
If one person rents or leases a lakeshore cabin,does that give them dock rights even if he is not living
. there. What if up to four unrelated persons each have a lease of the cabin but do not live there and just _
visit the property to use their boat? This situation existed in 1993 and exists today,with�a residence
structure that has a tax valuation of$4,000 and is not habitable. Four slips continue to be rented out to
various people because the property owner is able to produced cabin rental leases for the boat owners.
This situation was looked at by the City Attorney in 1993 and resulted in the following opinion: "Absent
some evidence that the spaces at the dock are being rented out to persons who are not entitled to use the
remaining portions of the property,we believe this does not constitute a commercial use of the dock."
His comparative analysis concluded that"If this type of arrangement is construed to be an unlawful
operation of a�commercial dock, any dwelling in this(residential)district would also constitute an illegal
commercial dock if the tenant used the dock on the properiy to store a boat."
The second situation is: If I live in and homestead in Maple Grove but my parents own a lakeshore cabin
on Lake Minnetonka, and my boat that I keep at the cabin is registered in my name to my residence in
Maple Grove,what is my status? I'm clearly neither the owner nor the occupant. In a few past cases,the
boat owners have re-titled their boat to the property owner's name and address to get around this.
The effect of the code sections that currently, in combination,act to prohibit slip rental at private
residential property cannot be extinguished by merely crossing out some wording. The regulation as it
exists relies on the established zoning premise that because"rental of in-water boat slips" is a recognized
permitted use in the B2 District and not in other districts is,by definition, a marina business,which
�requires a license per Section 94-76 but which cannot be issued for property in a district otlier than B2.
In order to make rental of slips legal in�residential districts,the City would have to list it as an allowed
use in those districts, as well as revise the definitions of"Marina Business" and "Business of Docking,
Mooring or Storing Boats"where they appear in the zoning and licensing codes.
Per City Council direction and following input received from the public and Planning Commission, Staff
and the City Attorney will begin working on draft language for each of the two regulatory options under
consideration. �
The Planning Commission should address the following: �
1, Hold a public hearing to gather public input regarding the issues surrounding rental of slips at
private residential docks.
Page �
17
MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
2. The Planning Commission should identify the specific negative.activities associated with rental of
slips and discuss how and by whom they should be addressed.
3. Planning Commission should address whether or not the CiTy should continue to regulate the
rental of residential slips at any level.
4. If the Planning Commission concludes the City should no longer regulate residential slip rental
then a recommendation to the Council to that effect would be appropriate.
5. If the Planning Commission determines that City regulation of residential slip rental should
continue then the following should be addressed: .
a. What level of regulation is appropriate?
b. Are there specific activities which should be addressed?
c. Should a new enforcement policy be developed rather than complaint driven?
y:..,
, � Gaffron noted the Planning Commission has the option to table the application if they feel further study or
public input is necessary. .
Gaffron noted the City did receive a copy of a letter from a resident in Plymouth who is talking about not .
being able to continue their slip rental at a marina. This is clearly a situation where they have found
someone on Maxwell Bay who is renting a residential dock. The issue is whether the City should regulate
dock slip rentals at a residential property.
Schoenzeit opened the public hearing at 8:30.p.m: . �
Tom Egan,360 Big Island,stated he is not a marina owner but that they provide a wonderful business,
which brings up a good point. The City receives a lot of property tax on the business they generate,they
pay sales tax,and they employ local people. When you look at what a marina has to maintain and the
regulations they have to comply with,Egan stated in his view it makes a whole.lot of sense that the City
should sta.y clear of regulating dock use since they would need to regulate them similar to a marina. If the
City allows residential dock rental, it would open up a can of worms. When you allow someone to rent a
residential boat slip,you may get it rented on a weekend or on a daily basis. It will not just be a dock
with a boat on it that people walk down to, get on their boat and leave. The people will come in and go
swimming in the neighborhood and/or go skiing from the dock. Since many of the docks that you
seeallow electrical plug-ins,the City is basically adding a cabin to someone's do
Egan stated there were some things brought up by some of the people on the City Council that did not
make sense to him and were not true. It was stated by a council member that currently the City pays the
LMCD $65,000 to regulate this, so why should the City regulate it. Egan pointed out the LMCD does not
care about any impact on the neighbors. They are concerned with the lake and not how it impacts the
neighborhood. Dock rentals in residential neighborhoods will definitely impact the neighbors. Egan
indicated he does not want his neighbors renting out their dock since it will impact his property. It does
not make sense that the City would allow John Q.Public to change the character of the neighborhood.
Egan stated the neighborhoods will also have parking issues associated with the rental and that he does
not see any benefit to the City to allow this.
Page �
. 18
� NiINUTES OF THE �
ORONO PLANNING COA�IlVIISSION MEETING
� Monday,March 19,2012
6:30 o'clock p.m.
Egan stated the same council member that talked about the LIVICD also stated that he felt the majority of
the residents would want this. Egan stated in his view there are not that many that would want it. The
City did a good j ob covering this last May and that he is not sure why the Council did not follow that
recommendation. Egan stated in his view this is a waste of time from what was done]ast May and that he
would ask the Planning Commission to clarify the existing rules and keep it that you cannot rent out a
residential dock slip.
Andrew McDermott,2702 Walters Port Lane,noted he is Orono's LMCD representative. Every time the
�LMCD grants a variance or a setback or canopy allowance,the LMCD will put on the stipulation that the
boat has to be owned by the resident of the structure.
McDermott stated as a private homeowner,he would not want his neighbors renting out dock slips.
Schoenzeit noted at the present time 40-foot cabin cruises and jet cruises are common. Schoenzeit asked
whether the LMCD has any plans to modify that.
McDermott stated that issue was just raised and that there was no significant interest from any of the 14 �"
community cities to change that.
Levang asked why he would not want his neighbors to rent dock slips.
McDermott indicated parking and noise would be two issues. .
.Landgraver asked if friends or family using the dock would be an issue.
� McDermott stated friends or family would not be an issue for him personally as long as it was specifically
family. The LMCD defin�s it as living or residing at the residence.
Landgraver.asked if the LMCD defines it as the owner and/or renter of the property.
McDermott indicated the owner or resident of the site can have up to four boat under current LMCD
regulations.
Gaffron asked if the LMCD defines resident or owner or occupant in any specific way. Gaffron noted
there are various ways to acquire a right to use a dock, and residing there means you Iive there, occupying
means you have the ability to be in that uni�,and renter impiies that you reside there.
McDermott indicated it would be someone residing at the property. �
William Wolfe,3255 Crystal Bay Road, stated his immediate neighbor does not rent out a boat slip but
that there are boat rentals in his neighborhood. Traffic and parking is an issue with those rentals. The
cars parked on the street restrict access for ambulances and fire. The neighbors have called the police
several times to deal with the situation.
As it relates to zoning of marinas,Wolfe commented in his view that is a good idea. Wolfe pointed out
that marinas will have toilets,while rental residential docks do not have that if the people renting the dock
are not allowed access to the house. The people will use the outdoors for that purpose,which does not
help this situation.
Page
19 �
NIIN�fJTES OF THE � " '
ORONO PLANNING COMIVIISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m. .
Gabriel Jabbour, 985 Tonkawa Road, stated he would like the Planning Commission to relook at how
they are approaching this subject since the City has had the tendency over the past few years to approach
� the problem by making a deal,which does not work well.
' Jabbour noted he does own a marina which has 78 slips in it. One year the marina stored 800 boats on
shore. The majority of the income does not come from renta] of the slips. Up until a few years:ago, it
was illegal to sell boats at a marina,which was resolved by a court case and the marinas prevailed.
When the City started doing zoning,they took the time to figure out what type of community Orono was
and how they wanted to grow in the future. The City has zoning areas of half an acre on the lake all the
way up to five acres on the lake. The City also has a number of ordinances that tell you what a lakeshore
lot is and what use that lakeshore lot should have. Jabbour stated he personally owns six residential
properties and pays an enormous amount of ta.xes to Orono. He.is not allowed to have a dock unless he
has a house, but yet,based on this proposal,his neighbor could have a dock that belongs to anyone. In
order to be fair and equitable to everyone,the Planning Commission has to think of the overall
ordinances. �:�
The reason for the various size lots was to minimize density. On every one of those sites,the City has
lakeshore regulations. If you introduce other uses for people that do not live in the house,the City will
end up with more boats,more canopies,and jet skis,which wil]have a strong impact on the visual �
appearance of the lake. Jabbour stated he is a strong proponent of public access but not to the detriment
of the lakeshore owners.
Jabbour noted the City had a person that had a house boat. The City took the property owner to Appellate
Court and the court ruled that he could not have a dock. That person was actually advertising that his
house boat was a cottage on the lake. Jabbour indicated he bought him out to rriake the problem go away.
� These regulations will affect the adjoining properties. � . -
Schoenzeit asked whether Jabbour has any issues with family and friends renting the docks.
Jabbour stated he does have a problem with changing the spirit of the code. Jabbour stated people are not
equal under the law. People have property rights,too, and if you change the structure of the ordinance,it
will affect other people. Jabbour indicated he does not have a problem with relatives but that he does
have a problem with friends. Jabbour sta.ted in his view the City has been relying too much on the
opinions of City Attorneys and City Engineers and that the City should check with the Water Patrol and
. the Police Deparhnent as we1L
Sean Foy, 3345 Crystal Bay Road, stated he has stored his boat at a marina for 15 years. Foy commented
� marinas are great for handling people that are coming from different places and that you need some sort
of regulation for that type of use. Foy stated there have not been any problems at the marinas. On Crystal
Bay Road,there is not enough room for people to park their cars. Foy stated he knows there are people
renting boat slips out in his neighborhood and that he is against the fact that they let private citizens rent
their slips. Foy stated allowing your friends and family use your dock slip seems reasonable.
� David Boies, 1360 Rest Point Road, stated over the past 26 years,he has benefited from his neighbor's
generosity in that they have allowed them to store their boat at their dock. Boies stated he is here to ask
the Commission and Staff to include language in whatever proposal that goes before the Council to allow
neighbors and immediate family members access to docks,primarily to protect the landowners
Page
20
� NIINiJTES OF THE
ORONO PLANNING COMIVIISSION MEETING .
Monday,March 19,2012
6:30 o'clock p.m.
themselves from potential prosecution or penalty as a result of their generosity. Boies stated he does not
cause parking problems because they live next door and that they work out their differences between
themselves.
Boies stated failure to_include such language would cause him to have to go out and buy an annual
oversized load permit so he can get his boat to the lake whenever he wants to use it. That could � �
�potentially cause a road hazard between his home and the North Arm Landing where he takes my boat.
-Boies requested the Planning Commission consider neighbors and family in whatever language they put
. into the zoning amendment.
Denny Walsh, 1354 Rest Point Circle, stated in his view now is a good time to simplify things and to look
at the overall goal of what it is the City wants to accomplish. The City needs to determine whether they
should include neighbors and relatives. Walsh commented there is a problem defining exactly what is
family or friend and that nobody wants people walking through their yard to access the lake. People want
privacy. Walsh stated renting a dock slip out is a different issue than allowing someone to use their dock
periodically. ..
Rich Anderson, 3205 Crysta] Bay Road,stated he is the owner and operator of North Shore Marina
located in Brown's Bay, Smith's Bay and Maxwell Bay. Anderson indicated he has also owned the �
Woodwind Marina and Sailor's World. Anderson noted he did attend the last meeting and that the �
Planning Commission at that time voted 6-0 to adopt the language that was proposed. Anderson stated
none of the stakeholders were notified of that meeting and there was only one resident in attendance who
spoke at the meeting.
Gaffron noted that would have been the May,2011,meeting, and that notice of the meeting was published
in the local paper and posted locally.
Anderson commented it was interesting that the one person who knew about the public hearing happens
to live in the neighborhood of one of the most vocal council members wanting to change this law.
Anderson stated the Planning Commission should enact language so the City can enforce the law because
currently on his road they have had three people renting there last year and they still live there. The City
cannot enforce the law if the properly owners are not receiving any rent.
Anderson commented this would impact his family's livelihood and that he employs Orono residents and
pays taxes. Anderson stated if a resident wants to have a spot for his daughter or son,that would not be a
problem, but that if that property owner wants to rent a boat slip to a friend,he would have a problem
with that. The property owners should apply for a variance or a permit if they want to rent a boat slip
from a neighbor or another private property owner.
Orono has approximately 1,000 lakeshore owners. The marinas occasionally will have people who drink
too much or something else and the marinas are in a situation to be able to call the police. That would ,
� likely not happen in a residential situation. The marinas are equipped to handle people who are drunk or
need to use the restroom. .
Anderson stated there is a house on his road with 140 feet of lakeshore that could have three 40-foot
boats. There is no place to park on the street. The City should have the ability to shut them down since
the LMCD can't.
Page
21
MINUTES OF THE �
ORONO PLANNING COMIVIISSION MEETING �
Monday,March 19,2012
6:30 o'clock p.m.
Anderson noted there are five marinas in town and that the City has to protect the marina business. The
rest of the lakeshore communities allow private residences to rent out dock slips except Orono. Anderson �
indicated last year he bought Sailor's World. There was a lot of discussion about boat clubs last year.
Anderson indicated he is not planning on having a boat club because it will not meet the parking
requirements. Sta.ff was against boat clubs but the City Council approved them. Anderson stated he has
an issue with friends renting boat slips at residential properties but that he does not have an issue with
� relatives. .
,.
Anderson displayed pictures of people parking illegally at residences. Anderson sta.ted Orono City Staff
wants some language that would allow them to kick a person out if someone is violating the law.
Chair Schoenzeit closed the public hearing at 9:19 p.m.
Schoenzeit noted he did attend the City Council meeting where this was discussed, and that he would
commend City Council Member Rahn for asking some questions regarding the City ordinances and the
LMCD and questioning whether there are other remedies to deal with some of these complaints. The
other question raised at the Council meeting was how many complaints the City receives each year
regarding docks and are there people,whether they are friends or family,that are not in compliance.
� Schoenzeit commented there is quite a bit of material to discuss regarding this text amendment.
Leskinen indicated her opinion has not changed from last year and that the current language should
remain in effect. Leskinen stated perhaps some of the language could be tweaked somewhat to.
accommodate relatives and/or friends,but that she is not in favor of eliminating this type of regulation
altogether. Leskinen stated it is likely the reason the City only has a handful of complaints is because the
regulation is in place and that it has been on the books for a number of books. Leskinen indicated she is
in favor of simplifying the language. ,
'Thiesse indicated he is in agreement with Commissioner Leskinen. Thiesse stated the regulations are in
place for a reason and that perhaps the City Attorney can refine the language somewhat to accommodate
• family and friends to some degree.
Landgraver noted the Planning Commission has heard primarily from people who are opposed to the
�residential dock slip rental and that he would be interested in hearing from people who are in favor of it.
Landgraver commented he does have an issue with how the regulation will be enforced.
Levang stated how the City enforces this is also a question in her mind and that the situation with friends
can.be a slippery slope. Levang stated she understand the concerns of the marina. The marinas provide a
valuable service for the lake and that it sounds like the work Mr.Gaffron has done with the marinas has
improved the situation. Orono has been a leader in lakeshore regulations and typically is stricter than
many other cities,which she does not have a problem with. Levang commented�if we are going to keep
Orono a bedroom community,then the Planning Commission and City Council need to think in broader
terms and not narrow terms. The goal of the City is to preserve the lake and that they need to decide how
to do that. -
Schwingler stated in his view the regulations need to be simplified. The reality is whether the City will
be able to police this.
Schoenzeit commented it is unfortunate that no one came to speak in favor of the text amendment.
Page
22
' NIIN[JTES OF THE
� � ORONO PLANNING COD�INIISSION MEETING �
Monday,March 19,2012
6:30 o'clock p.m.
Schoenzeit asked whether the Planning Commission felt the public hearing should be held over another
month to accommodate people who might be away for the winter. • �
Gaffron noted Staff has not had a chance to discuss this more in depth with the City Attorney. There
appears to be a good amount of support for language that allows for short-term use of docks by relatives
and perhaps friends. Gaffron indicated he would Iike an opportunity to craft some language and bring it
back to the Planning Commission. Gaf&on noted Staff is not able to send a notice out to all 1,000
lakeshore owners but that he is fine with allowing additional comment to be received by the Planning
Commission.
Levang commented that perhaps the City could partner with the LMCD on complaints.
David Rahn, City Council, stated he is against residential renting of boat slips.,Rahn commented the fact
that there are marina owners here and no residents is simply because out of the 1,000 lakeshore residents,
99 percerit of them are unaware of the faot that their family members would not be able to keep their boats
_. at their dock if the original text amendment is approved. Rahn stated he is interested in getting some type
of code that is simple to understand and that the�City needs fo defirie these issues. Since the City is
contemplating the text amendment, now would be the time to fine tune it.
Rich Anderson stated what he has heard being discussed is not simplifying it. Anderson stated the City
could require that property owners come in to city hall and request a variance and then Staff would know �
exactly who is at everybody's dock. Anderson noted he has millions of dollars invested in the marina
business and that he was aware Orono did not allow private residences to rent out dock slips. People who
use sorneone else's dock should need to get permission. Marinas are the only ones who can legally rent
out dock slips.
Denny Walsh stated in his view the City is simplifying things since they are consolidating it into one
section of the code.
Levang moved,Thiesse seconded,to table Application #11-3503,City of Orono,Zoning Code Text •
Amendment—Lakeshore Residential Zoning Districts. VOTE: Ayes 6,Nays 0.
ANNING COMIVIISSION COMI�� S
6. PORT OF PLANNING C NIlVII ION REPRESENTATIVES ATTENDIN ITY
C CIL MEETINGS O FEBRU 27,2012,AND MARCH 12,2012
Schoenzeit stated attended th ebruary 27�h City Coun '1 meeting and the boat p rental was
discussed. Schoenzei comme ed there is a lot of informatio that needs to be nsidered when
reviewing the text amen e .
Levang stated she atten d th arch 12`h meeting where there was a ort presentation on the Forest
Lake bridge replacem t. There as also a presentation on the L g La Fire Department. Levang
reported that Andre McDermott, MCD representa.tive, state e lake wa extremely low but not at
historical low lev s. Due to the low ater elevation,the L D will be allow people to extend their
docks further o . The application on rth Shore Drive or a variance and the C Point variance was
placed on Co ent Agenda.
. Page
23 _
PC Exhibit B
To: Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator r �
�
From: Melanie Curtis, Planning&Zoning Coordinator
Date: 15 March 2012
Subject: #11-3503, City of Orono,Zoning Text Amendment
Residential Zoning Districts: Residential Dock Rental
Public Hearing
List of Exhibits
ExhibitA. Draft Ordinance (May 2011)—Current Regulation Clarification
Exhibit B. Existing Ordinance Flowchart
Exhibit C. Council Minutes 02/27/2012
Exhibit D. Dock Rental Information Flyers
Exhibit E. Memo: Dock Rental Code Background 05/12/2011
ExhibitF. Council Minutes 05/23/2011 ,
.,
Exhibit G. PC Minutes 05/16/2011
Exhibit H. LMCD Summary of Authorized Dock Use Area &Boat Density Restrictions
Exhibit 1. LMCD vs Orono-Code Comparison Chart(prepared by Staff) �
Pertinent Zoning Code Sections �
78-304(6);78-329(6);78-349(6)&78-368(6) Lakeshore Residential District Accessory Uses
78-661 Definition of Marina Business
78-665 B-2 District Permitted Uses
94-36; 94-37&94-38 Licensing of Joint Use Docks . ,
94-71 through 94-101 Licensing of Marina Businesses
Summary
The City is considering two options for regulating residential dock slip rental. Staff originally proposed an
amendment which seeks to clarify the current regulations which prohibit private residential dock rental.
The City Council has directed that this option be amended to allow docking of guest boats on a short-
term basis. The second option would remove the current prohibitions on residential dock slip rental.
The existing Orono Code regulates residential slip rental through a combination of the following Code
sections rather than one simple statement:
1. 78-661: B-2 Def.of Marina Business
2. 78-665: List of Permitted Uses in B-2 District-includes rental of boat slips
3. 78-302/303/304: List of Allowed Uses in LR-1A-doesn't include rental of boat slips
78-327/328/329: List of Allowed Uses in LR-1B-doesn't include rental of boat slips
78-347/348/349: List of Allowed Uses in LR-1C-doesn't include rental of boat slips �
4. 94-71 thru 94-101: Marina Business Licensing Code:
a. 94-71: Definitions
• "Business Use" means engaging in either a marina business or the business of
docking, mooring or storing boats.
' • "Marina Business" means engaging in one or more of the permitted, accessory or
FILE#11-3503 '
15 March 2012
Page 2 of 4
conditional uses allowed within the B-2 Zoning District.
• "Business of Docking, Mooring or Storing Boats" means renting or otherwise
providing space, including boat buoys, for docking, mooring or storing one or
more boats belonging to persons other than the owner or occupant of the
property, except when licensed as a joint use.
b. 94-76: License Required. It is unlawful for any persons to engage or participate in
business use without first having obtained an annual license therefore from the City.
c. 94-100: Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in
any zoning district other than B-2, except when a business use is allowed by ordinance in
another zoning district, such use conducted in said district shall not be required to obtain
a license. -
Background
In May of 2011 the Planning Commission and City Council reviewed a potential amendment to the Zoning
Code to address the multiple sections which in combination apply to dock rental in residential districts.
The amendment was moved forward by the Planning Commission but tabled by the City Council for
further study and discussion. It was recently placed on the February 27th Council agenda for discussion �
and direction. ��
From 1962 through 1994,. Orono codes allowed one or two boats not belonging to the
owner/renter/occupant of a property to be stored at a residential dock in a residential zone in the City.
In 1995,the code was revised so that no boats not belonging to the owner/renter/occupant of a property
could be stored at a residential dock in a residential zone. That is the current code. The proposed new
code language reviewed by the PC and Council at the May 2011 meetings and the recent February 27tn
City Council meeting was intended to simplify and clarify the existing code language, but would not
change the intent or impact of the code nor the way the code is enforced.
At the February 27, 2012 meeting, the Council did not approve the dock rental ordinance amendment.
Rather, on a vote of 3-1, Council directed staff to proceed with exploring two new alternatives for
revising the code, and begin a new public review process at the March Planning Commission meeting.
The existing code has been enforced primarily by complaint. The City receives a number of complaints
each year, typically from neighbors of a residential property where one or more slips are being rented to
non-owners/renters/occupants. Slip rental at residential docks has a history of negative impacts on
Orono neighborhoods; traffic, noise and activity at odd hours, parking concerns, and the element of
unknown persons in the neighborhood have all been cited by complainants as negative neighborhood
impacts.
At the February 27 Council meeting, one of the topics briefly touched on was whether the magnitude of
private dock rental is at a level that justifies having a regulation at all, given that LMCD has a pro-active
approach in annually inspecting docks that have 3 or more boats. Staff noted that the City receives a ,
half-dozen to a dozen complaints each year-yet this number has to be considered in perhaps more than
one context. Below are some factors that speak to the magnitude and complexity of regulating private
dock rental:
� We have approximately 1,000 lakeshore residential properties in Orono, yet in any given year we
get complaints about perhaps no more than 1 percent of our lakeshore lots.That seems relatively
insignificant, and does not take inordinate amounts of staff time to deal with. Note that we are
able to readily document at least 14 separate properties during the period 2009-2011 where we
' FILE#11-3503
15 March 2012
Page 3 of 4
either had neighbor complaints about slip rental,viewed signs on docks saying 'dock for rent', or
in a few cases found ads on CraigsList for slip rental at private residences in Orono.
• At the same time, we suspect there is probably a significant number of rental situations that we
don't get complaints on from neighboring property owners, and that have not caused issues
within the associated neighborhood.
• But, we do have 5 commercial marinas providing some 450 rental slips, and they are keenly
aware that some percentage of their slip rental customers will gravitate to a less costly privately
rented slip ifthe opportunity is available.
• The wording of the code since its inception in 1962 has included the term "renting or otherwise
providing space" as the regulated activity. The only logical reason for this is that it is and always
has been difFicult to prove that money is changing hands, so claims of I'm not renting, they just
let me keep it here are not a loophole.
• Further, the language regarding a boat owner's relationship to the property has evolved from
"persons other than the owner of the property" in 1962, to "persons other than the owner or
renter of the property" in 1974, to "persons other than the owner or occupant of the property"
from 1984 to today. The Council has correctly pointed out that this language makes it a violation
to allow a,�neighbor or a relative keep a boat at your dock. Council has directed that the proposed
language for the code alternative that continues to regulate slip rental, be modified to allow such
use.
• Whether it is a common occurrence that a lakeshore owner allows their off-lake neighbor or a
relative to dock a boat has not been studied or documented; we have really no way of tracking , .
this, nor do we have any desire to track it. And, our experience is that these situations are not
generating the majority of complaints we receive.
• Property ownership and the leasing of lakeshore property add an element of complexity to the
regulatory stage, in terms of what rights are afforded different situations. One of the difficulties
is how to define 'occupant of tfie property'. Two actual examples staff has faced:
o If one rents or leases a lakeshore cabin, does that give him dock rights? What if he's not
living there, but just visits the cabin to use the dock? What if up to four unrelated
persons each have a lease of the cabin, but don't live there (maybe don't even have a key
to get into the cabin)they just visit the property to use their boat? This situation existed
in 1993 and exists today, with a residence structure that has a tax valuation of $3,000
and is not habitable, yet up to 4 slips continue to be rented out to various persons,
because the property owner is able to produce cabin rental leases for the boat owners.
This situation resulted in an opinion from the City Attorney in 1993 that "absent some
evidence that the spaces at the dock are being rented out to persons who are not entitled
to use the remaining portions of the property, we believe this does not constitute a
commercial use of the docK'. His comparative analysis concluded that "if this type of
arrangement is construed to be an unlawful operation of a commercial dock, any dweUing
in this (residentialJ district would also constitute an illegal commercial dock if the tenant
used the dock on the property to store a boat".
o If I live in and homestead in Maple Grove but my parents own•a lakeshore cabin on Lake
Minnetonka, and my boat that I keep at the cabin is registered in my name to my
residence in Maple Grove, what is my status? I'm clearly neither the owner nor the
occupant. In a few past cases, the boat owners have re-titled their boat to the property
owners name and address to get around this.
FILE#11-3503 �
15 March 2012
Page 4 of 4
Potential Code Revision Language - '
The effect of the code sections that currently, in combination act to prohibit slip rental at private
residential property cannot be extinguished by merely crossing out some wording (see Exhibit B). The
regulation as it exists relies on the established zoning premise that because "Rental of in-water boat
slips" is a recognized permitted use in the B-2 District and not in other districts, it is prohibited in other
districts; and further, that "Rental of in-water boat slips" is by definition (Section 78-661) a Marina
Business (which requires a license per Sec. 94-76 but which can't be issued for property in a district other
than B-2 per Sec. 94-100). In order to make rental of slips legal in residential districts, we would have to
list it as an allowed use in those districts, as well as revise the definitions of `Marina Business' and
`Business of Docking, Mooring or Storing Boats' where they appear in Chapter 78 (Zoning Code) and
Chapter 94(Licensing Code).
Per City Council direction and following input received from the public and Planning Commission, Staff
and the City Attorney will begin working on draft language for each of the two regulatory option under
� consideration.
.;s:;
Multijurisdictional Regulation Overlap
Please refer to Exhibits H & I which illustrate the regulatory scope of the Lake Minnetonka Conservation
District (LMCD) as compared to that of Orono's current code. In general the City's current ordinance
. . prohibits�rental of residential dock slips while the LMCD's codes are not as prohibitive.
Questions the Planning Commission Should Address
1. Planning Commission should hold the public hearing to gather public input regarding the issues
surrounding rental of slips at private residential docks.
2. The Planning Commission should identify the specific negative activities associated with rental of
slips and discuss how and by whom they should be addressed.
3. Planning Commission should address whether or not the City should continue to regulate the
rental of residential slips at any level.
4. If Planning Commission concludes the City should no longer regulate residential slip rental then a
recommendation to the Council to that effect would be appropriate.
5. If Planning Commission determines that City regulation of residential slip rental should continue
then the following should be addressed:
a. What level of regulation is appropriate?
b. Are there specific activities which should be addressed (i.e. short-term or guest
dockage)?
c. Should a new enforcement policy be developed?
d. Other concerns. �
Staff Recommendation
After receiving public,comments, Planning Commission should discuss the question noted above, identify
any additional related issues or concerns, and consider whether a recommendation to Council is
warranted at this time. If Planning Commission wishes to give this topic additional consideration, or
wishes to delay any action until actual language has been drafted for the two regulatory options, then
� tabling would be in order.
• PC Exhibit A
ORDINANCE NO. ,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING CHAPTER 78 REGARDING PRIVATE DOCKS IN �
DISTRICTS LR-lA,LR-1B,LR-1C,AND LR-1G1
THE CITY COUNCIL OF THE CITY OF ORONO,IvIINNESOTA ORDAINS:
SECTION 1. The following language has been added to Section�78-304(6) of the Orono City
Code: �
(6) Private doeks, subject to this code and other applicable regulations, including boat
storage density requirements. The accessorv use of a nrivate dock shall not
include rentin� or otherwise urovidin�snace�includin�boat buovs for dockin�
moorin�. or storin�one or more boats belongin�to nersons other than the owner �
or occunant of the bronertv, excent when licensed as a ioint use.
SECTION 2. The following language has lieen addecl to Section 78-329(6) of the Orono City
Code: � Y " �.
(6) Private docks, subject to this cocle and other applicable regulations, including boat
storage density requirements. The accessorv use of a nrivate dock shall not
� `'iricludexentin� or'otherwise nrovidirie"snace includin�boat buovs, for dockin�
moorin�''or storin�one or more`boats belon�in�to nersons other than the owner
. or occubanf of�the nronertv, excent when licensed as a ioint use.
SECTION 3.��The following language has been added to Section 78-349(6) of the Orono City
Code: � -
(6) Private ciocks, subject to this code and other applicable regulations, including boat
storage density requirements. The accessorv use of a nrivate dock shall not
include rentin� or otherwise brovidin�snace, includin�boat buovs, for dockin�.
moorin�, or storin�one or more boats belon�in�to nersons other than the owner
or occunant of the nronertv. excent when licensed as a ioint use.
SECTION 4. The following language has been added to Section 78-368(6) of the Orono City
Code:
(6) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements. The accessorv use of a nrivate dock shall not
include rentin� or otherwise nrovidin� sbace, includin�boat buovs, for dockins
moorin�, or storin� one or more boats belon�in�to nersons other than the owner
r occunant of the nrot�ertv, excent when licensed as a ioint use.
SECTION 5. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this day of , 2011 by the Orono City Council.
CITY OF ORONO '
Lili Tod McMillan, Mayor
ATTEST:
Linda S. Vee, City Clerk �
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� MINUTES OF THE PC Exhibit C
ORONO CITY COUNCIL MEETING
Monday,February 27,2012
7:00 o'clock p.
(S. AVARRE COMMUNITYINITIA VE UPDATE, ontinued)
Ga n indicated that can be added.
M Millan asked if any thought h been given to what s uld be done if a limited number of respo
a e received back.
Gaffron stated the commi e did discuss that issue d that their feeling was to try to li ' the time
required of the various siness owners and to off them the chance to approach the ommunity. If
limited response is re ived, Staff could perhaps ersonally visit each business o er.
Jeanne Englund ated the committee would so be willing to discuss that her and perhaps t
members of th committee could approach e various business owners.
McMillan ommented it would perhaps e helpful if the study wa rovided to the commi e for their
review well as the City Council. ,
(Cynthi remer leaves the eeting at 8:18 p.m.)
It was the consensus of the City Cou il to appr the,sending of the letter to the N arr usiness
owners on behalf of the Navarre Comm ' nitiative.
6. #11-3503 CITY OF ORONO,ZONING CODE TEXT AMENDMENT: DOCK RENTAL
Curtis stated at the May 23,2011, Council meeting, Staff presented a draft ordinance with which Staff
attempted to simplify and clarify the City's rules regarding rental of boat slips on residential property. At
that time Staff was directed to bring the dock rental issue to the Council at a work session for more
discussion. The dock rental ordinance was placed on the Council's September 12`h work session agenda,
but due to a time constraint,the dock rental ordinance was not discussed at that time.
The�City's concerns have historically been land use impacts of residential dock rental on neighbors and
neighborhoods. The LMCD's regulations alone do not appear to address all of the potential impacts from
residential dock renta.l. Staff recently spoke with Staff at the LMCD regarding their dock rental rule and
enforcement. Staff did receive a letter from Rich Anderson today,which has been distributed to the City
Council.
Gaffron stated one of the questions that the Council had raised previously is whether or not the City's
regulation of boat storage at residential docks was a duplication of the LMCD efforts. Staff has had
extensive discussion with the LMCD regarding their codes. The chart before the Council tonight
compares what the LMCD and Orono ordinances require. As an example,a site that has one or two boats,
the LMCD allows two boats with no ownership restriction regardless of the lot size as long as those lots
were created prior to 1978. In that instance,the City has had ownership requirement since 1962. For a
site that has three boats with shoreline less than 126 feet,under the LMCD regulations,they do not
require that any of the boats be owned or registered to the owner of the property;whereas the City has
that requirement.
Gaffron commented there are some differences between what the LMCD requires and what the City
requires. The City has typically been more restrictive with their regulations than the LMCD.
Page 7 of 17
MINUTES OF THE �
ORONO CITY COUNCIL MEETING
Monday,February 27,2012
7:00 o'clock p.m.
(6. #II-3503 CITY OF ORONO,ZONING CODE TEXT AMENDMENT, Continued)
Rahn stated his opinion has not changed from the last City Council meeting and that it is a duplication of
regulations. The Orono residents are used to calling the LMCD with questions,and if an ordinance is
adopted by Orono, it would be virtually unenforceable by Staff. Rahn stated if it is parking issues that are
driving the complaints;the residents have the ability to call the police to deal with that issue.
Rahn stated the majority of the boat issues is covered in the LMCD's ordinances and that in his view it is
confusing when there are different bodies of government enforcing similar codes. Rahn indicated he does
not have any issues with letting the LMCD handle it.
McMillan noted Tonka Bay allows one or two boats with no ownership requirement but that it does
require proof of ownership for three or more boats at a private residence.
Rahn commented that almost mimics the LMCD regulations.
Loftus stated that does not take into consideration the amount of shoreline.
Rahn stated he is simply talking about a single dock with a single residence.
Franchot indicated his opinion also has not changed since the last Council meeting and that he personally
feels the City's ordinance is a good idea. If the only issue is the issue of a guest boat,the City can deal
with that in some way and still restrict the rental of dock space,which causes problems on the land with
parking. Franchot stated in his view calls to City Hall can be reduced by having smart regulation,which
is what is being recommended by Staff.
Franchot stated one option would be to perhaps require a permit of some tyge. Another alternative could
be to eliminate the language "providing for" and just address rental of dock spaces. Franchot indicated he
is basically in agreement with Staffls recommendation.
� Printup asked how the LMCD regulates this.
Greg Nybeck,LMCD Executive Director, stated since 2006,the LMCD has implemented a proactive
code enforcement project,with certain priorities being established by the Board for enforcement
purposes. The LMCD is not able to go out and do everything,but they do have a supervisor of the
program that reports on any problem property she may observe. If there is an issue at a certain property,
the LMCD will send out educational letters regarding the problem,followed by a re-inspection. The
direction of the board last year was to decrease the time limit to correct the problem from three years
down to two. In the past the LMCD has had only had four or five prosecutions,with the majority of the
issues being resolved prior to prosecution of the matter being pursued. Nybeck noted the LMCD is not
able to catch every violation.
Printup asked how many complaints the LMCD receives a year on boat density.
Page 8 of 17
' MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,February 27,2012
7:00 o'clock p.m.
(6. #II-3503 CITY OF ORONO,ZONING CODE TEXT AMENDMENT, Continued)
Nybeck indicated it is very few and that the majority of the violations are found through inspections.
Nybeck stated it would be very difficult for the LMCD to constantly monitor the shoreline for docks that
have more than three boats.
Rahn noted the City of Orono contributes over$57,000 a year to the LMCD and that he would prefer City
Staff work on issues that relate directly to the City rather than handle regulations that are already covered
by another government entity.
Nybeck stated it comes down to the philosophy of a city and that Orono does have the ability to have
more restrictive rules than the LMCD if they so choose.
Rahn stated he has spoken with over half of the lakeshore cities and they have indicated they basically
stay out of it.
Nybeck stated the LMCD does do a fair amount of education regarding boat density and dock slips,which �
does help alleviate the problem to some extent. In addition,a shoreline inventory is conducted every two
years,which is planned for this year.
Printup asked if the number of boats stays relatively the same.
Nybeck indicated it does for the most part. The last inventory conducted showed approximately 9,200
boats where previously it was slightly over 10,000. Nybeck indicated the decrease in the number of boats
was likely due to the economy. The LMCD will also be looking at jet skis at their work session on
Wednesday as it relates to storage and whether any changes in the regulations need to be made to regulate
those.
Gaffron stated the City's code as it currently exists is contained in a variety of sections and that it was
Staffls intent with the new ordinance to continue the exact same enforcement action that the City has
undertaken in the past 30 years but to combine the regulations under one code section. The City receives
perhaps get half a dozen to a dozen calls a year regazding boat slips from concerned neighbors. The only
proactive thing that Staff has done is in the winter and spring they look on Craigslist to see if anyone is
actively advertising a slip for rental since City Code prohibits that.In those situations a letter is sent to the
property owner and boat owner advising them of the City's regulations. There are a few neighborhoods
that historically have been the most problematic but typically Staff does not spend a great deal of time
enforcing this regulation.
McMillan noted the new ordinance would cover property owners that provide dock space,which means
that there does not need to be a fmancial aspect.
Mattick indicated that is correct and that the ordinance also does not cover the situation where a neighbor
rents a boat slip from another neighbor,which perhaps should be added. The handout developed by Staff
explains why a resident cannot rent out dock space. Mattick noted the code amendment was not meant to
create a new set of rules but to clarify what was already being enforced.
Page9of17
MINUTES OF THE �
ORONO CITY COUNCIL MEETING
Monday,February 27,2012
7:00 o'clock p.m.
(6. #11-3503 CITY OF ORONO,ZONING CODE TEXT AMENDMENT, Continued)
McMillan stated the real reason behind the ordinance is to address some issues that occur on land with a
rental slip.
Rahn commented it is a lakeshore issue when a neighbor allows someone to park their boat at their dock.
Gaffron stated those are typically not the situations the City receives complaints about.
Rahn stated he is not sure why Orono would want to be more restrictive than the other lakeshore cities.
Rahn stated a resident would likely call the police prior to calling Staff if there is a boisterous person
there or a parking issue that occuned over the weekend.
Franchot commented the ordinance gives the City something to stand on if there is an issue. Franchot
pointed out that Orono does tend to be stricter in a number of respects when it comes to protecting the
lake.
Printup asked what the general complaints are.
Gaffron stated they are complaints regarding the coming and going of unknown people at odd hours of
the day and night or possibly a parking issue. The City typically receives three or four complaints every
year from residents on Crystal Bay Road regarding parking by people. Those are situations that would not
. occur if there was a prohibition of boat slips rentals.
McMillan commented that there are likely a number of boat slips that are rented out or allowed to be used
by non-residents but they do not cause any issues. McMillan stated from a philosophical standpoint, she
does not like to have regulations that impact only three or four people.
Gaffron noted this regulation has been on Orono's books since 1962 and the text amendment is a
rewriting of the code to make the language clearer. If the Council does not wish to enforce that section of
the code, other changes will need to be made to the City Code and public hearings will need to be held if
the code is removed.
Rahn stated he would like to move in that direction, and in the meantime Staff could document over the
next couple of years the number of calls the City actually receives each year. Rahn noted Orono is a
recreational community and that the residents will have visitors periodically that are unknown to the
neighborhood.
McMillan asked what process would need to be followed if the code is eliminated.
Gaffron stated the application would need to go back to the Planning Commission for their review since
they would be removing language from the code and not replacing it with new language. Gaffron stated `
the Council is probably looking at a two-month process.
Mattick pointed out a dual application process could perhaps be followed,with one application showing
the language that would be deleted and the other application showing the language that is being clarified.
Mattick noted the text amendment is designed to clarify the existing code.
Page 10 of 17
' MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,February 27,2012
7:00 o'clock p.m.
(6. #I1-3503 CITY OF ORONO,ZONING CODE TEXT AMENDMENT, Continued)
Rahn stated the$50 fee for the moving of a residential dock could also be eliminated.
Curtis noted that fee is for a first time dock and that there is also a fee if you are going to move a
permanent dock.
Rahn commented he is speaking about seasonal docks. Rahn noted the City has a$50 one-time fee for
seasonal docks that will be reinstalled in the same location annually without permits.
Gaffron stated Staff typically does not enforce that as long as the properiy owner is meeting the LMCD
standards. _
Rahn recommended that fee be removed from the fee schedule.
Gaffron indicated Staff is okay with that removal. ..
Mattick noted Council Member Bremer objected to the text amendment since it did not seem to have any
allowance for a neighbor to park their boat at a neighboring property,which could be added. Mattick
stated the new application would just show the regulation provisions that would be struck out. Mattick
recommended the City Council direct Staff to prepare that application and then bring it back before the
Planning Commission.
Printup moved,Rahn seconded,Application#11-3503, City of Orono,Zoning Code Text
Amendment,to direct Staff to prepare a separate application that removes the pertinent language
relating to boat slips and to bring it before the Planning Commission for their review,and to direct
Staff to make the clarifications discussed tonight relating to the current application. VOTE:
Ayes 3,Nays 1,Franchot Opposed.
Tom Egan,Big Island,asked whether there would be any public comment allowed on this item.
Gaffron indicated there will be a notice in the paper regarding the application and that public comment
will be allowed at the Planning Commission meeting.
Egan asked what the intent of the motion was.
Gaffron stated the motion directs Staff to start a zoning amendment process that eliminates the regulations
regarding rental of boat slips on residential properties,which would go first to the Planning Commission
and then to the City Council. Gaffron stated the application will probably be heard in April.
Egan noted a number of things were stated tonight that were not accurate as it relates to the LMCD
regulations. The LMCD regulations state if the property owner is receiving income from a boat rental, it
is considered a commercial business.
McMillan stated his comments could be written down and sent to Staff for their review. McMillan noted
the City Council has not approved anything other than to direct Staff to prepare a new application for
review and discussion by the Planning Commission.
Page 11 of 17 �
, PC Exhibit D I ,
Dock Rental Information Flyer 4-98 , , � •
Updated 5-04
•�O,� CITY OF ORONO �
O a� O Building& Zoning Department
��` �� ORONO MUNICIPAL CODE
"';�j, ������ ,E��'�'' �► Excerpts Regarding
C' ��G~ PROHIBITION OF BOAT SLIP RENTAL
�E880� IN RESIDENTIAL ZONES
----------------------------------------------------------------------------------------------------------------------
The Orono Municipal Code prohibits residential property owners from renting out boat slips at
their private docks. The provision of slippage for anyone other than the owners or occupants of
the property, regardless whether there is a 'rental fee' involved, is prohibited. Such activity is
considered to be the 'business of docking, mooring or storing boats' which is only allowed within
the B-2 Lakeshore Business District.
-----------------------------------------------------------------------------------------------------------------------
The following Municipal Code sections apply: �
Section 78-661: Definition: "Marina Business" means engaging in one or more of the permitted,
accessory or conditional uses allowed within the B-2 Lakeshore Business District.
Section 78-665: Within the "B-2" Lakeshore Business District, no land or structures shall be
used except for one or more of the following uses:
(1)Rental of in-water boat slips...
...(4) On-land storage of boats,winter and summer. .
Sections 78-302/303/304; 78-327/328/329; 78-347/348/349: (LR-lA, LR-1B, LR-1C One Family
Lakeshore Residential Zoning Districts, list of permitted, conditional and accessory allowed uses).
None of these single family residential districts include 'rental of in-water boat slips' or 'on-land
storage of boats, winter and summer' as allowed uses. They do allow "private docks" as an
accessory use, 'subject to the City Code and other applicable regulations, including boat storage
density requirements'. While 'private docks' is not defined in the zoning code, the City has
contended and the court has upheld that a private dock is an accessorv structure which by
definition is a use "exclusively used for purposes incidental to those of the principal use", i.e. for
the use of the owners or occupants of the property.
Section 94-36/37/38: Re: Joint Use of Lake Facilities. This Section requires annual licensing for
adjoining riparian property owners who wish to share a dock. It does not allow for business use of
private docks.
Continued-
��
� City of Orono �
PROHIBITIOIV OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES-Continued
Section 94-71 thru 94-101: Re: Marina Business Licensing
94-71: Definitions
"Business Use" means engaging in either a marina business or the business of docking,
mooring or storing boats.
"Marina Business" means engaging in one or more of the permitted, accessory or
conditional uses allowed within the B-2 Zoning District.
"Rusilaess_of.�o.cking,lldo�ing_o�$#.Qring_Bna 'ts�neans�enti.ng �r ntherwi�e nr��o
space, including boat buoys, for docking, mooring or storing one or more boats belonging to -�
persons other than the owner or occupant of the property, except when licensed as a joint use.
94-76: License Required. It is unlawful for any persons to engage or participate in business use
without first having obtained an annual license therefor from the City.
94-100: Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any
zoning district other than B-2, except when a business use is allowed by ordinance in another
zoning district, such use conducted in said district shall not be required to obtain a license.
If yorc Itave questions,please contact tlte Orono Bccilding and Zoning Department(952)249-4600.
City of Orono-Municipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway wwfv.ci.orono.mn.us P.O.Box 66
Orono,NIN 55356 Crystal Bay,MN 55356
Telephone: (952)249-4600 o Fax(952)249-4616
O Dock Information Flyer-Updated 2/Ol �
O� '�'O . Updated 6/04 D
�
� �: • : � CITY OF ORONO
��' � �a Building & Zoning Department
��o$
What You Should Know About... RESIDENTIAL DOCKS
More than 1/3 of the residential lots in Orono abut the lakeshore. With nearly 40 miles of Lake
� Minnetonka shoreline, and additional properties abutting Long Lake, Mooney Lake, French Lake,
Dickey's Lake, Lake Katrina, Lake Classen and Lydiard Lake, Orono is home to an abundance of dock
owners. The following rules and regulations govern the placement and use of private residential docks in
Orono:
• Seasonally installed docks are a permitted accessory use for residential properties which abut the
lakeshore and contain a principal residence structure.
• New seasonal docks require a one-time permit($30.) and may be reinstalled at the same location
annually thereafter without additional permits(Fee Schedule,p. 8).
• Permanent docks require a Conditional Use Permit(Zoning Code Sec. 78-1113) and may require
additional permits from the Lake Minnetonka Conservation District (LMCD) and the Minnesota
Department of Natural Resources (DNR).
• Rental of residential dock space is not allowed. Such activity is considered to be a commercial
use,which is allowed only in the B-2 Lakeshore Business District(Sections 94-71 thru 94-101).
• Sharing of a single dock by three or more adjacent lakeshore owners is allowed subject to
City Council approval of a Joint Use Dock License(Sections 94-36 thru 94-38).
• Placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation
District(LMCD). Minimum setbacks from the extended properly lines are required. Contact the
-� LMCD for further information (952-745-0789). For other Orono lakes, contact the Building &
Zoning Department(952-249-4600). Minimum setbacks(similar to those in effect for other types
of accessory structures) will be required, and special permits may be required for docks which
must cross a wetland to reach open water.
Municipal Docks. The City of Orono does not provide municipal docks for private boat storage, and has
no "commons" areas for public dockage. The City does provide a small number of fishing and swimming
docks, typically at locations where roadways were historically platted to the shoreline. Canoe rack rental
spaces are available at Summit Park on Long Lake to Orono residents on a first-come first-served basis.
Orono is home to 5 commercial marinas providing in aggregate a total of more than 450 rental slips.
Additionally, public landings on North Arm and Maxwell Bay in Orono provide approximately 150 car-
trailer parking spaces for transient boaters.
--------------------------------------------------------------------------------------------------------------------
Cify of Orono-Municipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway vt��vw.ci.orono.mn.us P.O.Box 66
Orono,MN 55356 Crystal Bay, MN 55356
Telephone: (952)249-4600 / Fax(952)249-4616
--------------------------------------------------------------------------------------------------------------------
PC Exhibit E
To: . Melanie Curtis, Planning Coordinator
From: Mike Gaffron,Asst. City Administrator
Date: May 12, 2011
Subject: Dock Rental Regulation Code Background
The City initially regulated the rental of docks via Ordinance No. 43 adopted Apri123, 1962.
That ordinance defined the "Business of Docking or Storing Boats" as "Renting or otherwise
providing space for docking or storing three or more boats belonging to persons other than
the owner of the property upon which said boats are docked or stored". That ordinance
further stated that a license is required to be engaged in the business of docking or storing boats,
� and that no license shall be issued unless the property involved is in the commercial zone.
Ordinance No. 51 adopted Apri18, 1963 slightly revised the definition by adding the clause "or
adiacent to which said boats are moored", recognizing that mooring buoys are an alternative
method of boat storage.
, Ordinance No. 166 adopted June 25, 1974 again slightly revised the definition to read as follows:
" "Renting or other�vise providing space, including boat buovs, for docking, moorin�,or
storing three or more boats belonging to persons other than the owner or renter of the
property upon which said boats are clocked or stored, or adjacent to which said boats are
� moored". This new language allowed the renter of lakeshore property to have the right to store
a boat on the property.
Ordinance No. 173 adopted December 19, 1974 revised the definition again,this time to read:
"Renting or otherwise providing space, including boat buoys, for docking, mooring,or
storing three or more boats belonging to persons other than the owner or renter of the
property upon or from which said boats are docked or stored, or adjacent to which said
boats are moored".
The 1984 recodification of the Municipal Code resulted in additional minor changes to the
definition: "Business of Docking,Mooring, or Storing Boats means renting or otherwise
providing space, including boat buoys,for docking, mooring, or storing three or more �
boats belonging to persons other than the owner or�ex�e�occupant of the property�
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The definition underwent a significant revision with Ordinance No. 117, 2"d Series adopted June
28, 1993: "Business of Docking, Mooring, or Storing Boats means renting or otherwise
� �providing space, including boat buoys,for docking, mooring, or storing�k�ee one or more
boats belonging to persons other than the owner or occupant of the property, excent when
. � licensed as a ioint use". This revision effectively disallowed the rental of a�slips at private
docks without a business license. Ordinance 117, 2"d Series also separated out the joint use dock
_ �� licensing requirernents from the marina licensing requirements. Note that the clause "except
when licensed as a joint use"would not apply to most dock rental situations,because a joint use
` iicense can only be obtained by a group of riparian or non-riparian landowners witllin a
subdivision.
Finally, Ordinance No. 132, 2"d Series adopted January 23, 1995 was a complete overhaul of the
B-2 District standards, and for the first time, "Rental of in-water boat slips"became a permitted
use in the B-2 District, where such use had not previously appeared as a permitted, accessory or
conditional use. This is significant in that such use is allowed specifically in the B-2 and not in
other districts, so the use functionally became prohibited in all other districts.
Conclusion: From 1962 through 1994, one or two boats not belonging to the
owner/renter/occupant could be stored at a residential dock in a residential zone. Starting in
1995, no boats not belonging to the owner/renter/occupant of a property could be stored. that is
still the case today.
�
' PC Exhibit F
• MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,May 23,2011 �
7:00 o'clock p.m.
(8. #II-3504 PUBLIC HEA.RING-CITY OF ORONO-ZOIVING TEXT AME ENT
RESID TIAL ZONING DISTRICTS: GARDENAS A PERMITTED USE, Con ' ued)
she has a har 'me understanding why a special event permit would not work i his circumstance since
one of the check s on the permit application is public land.
Mattick stated in the Ci Code there is a special provision that addres s the Big Island situation and that
he is not aware of the other o situations. Mattick stated in his vi special events tend to be more
temporary in nature and that he ' attempting to put this use wh it most logically belongs.
Dennis Walsh, 1354 Rest Point Circle, mmented that th' is a worthwhile project and has good
potential to create some positive PR for th 'ty. Wals stated that perhaps Orono could lead the western
suburbs in an effort like this and suggested that' o ation be placed in the Laker and Pioneer to help
inform the residents on the steps the City is doin o ]p address some of the different issues that are in
the communities.
Acting Mayor Printup closed the public earing at 8:36 p.m. �
Printup co.mmented that in his vie this is a good idea and would be a goo enefit to the community.
Mattick noted a specific dat could be included in the permit. �
Bremer moved,Fra ot seconded,to direct Staff to draft an ordinance in order to ow
gardening as a pe itted use within all residential districts. VOTE: Ayes 4,Nays 0.
Bremer mov ,Rahn seconded,to approve Staff Option No 3 designating the city-owned prope
negt to th ire station as a park and to enter into a Iicense agreement with the applicant for one
season a trial basis. VOTE: Ayes 4,Nays 0.
9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT
LAKESHORE RESIDENTIAL ZO1vING DISTRICTS: DOCK RENTAL,8:38 P.M.-9:.16 P.M. `
Curtis stated in order to preserve the residential character of neighborhoods and to prevent competition
with licensed marina businesses,rental of boat slips on residential docks has been limited in the City of
Orono since 1962. Rental of boat slips on residential properties has been prohibited entirely since 1995.
Several City Code sections comprise the City's rules for rental of residential boat slips or docks and are
scattered throughout the zoning code. These code sections are outlined within a city handout attached to
the Planning Commission packet as Exhibit A. The codes and the informational handout are lengthy and
difficult to understand. Staff is proposing a zoning code text amendment which will not change the rule
but rather state the current rules more clearly and succinctly within a single code section.
The Planning Commission at its May meeting reviewed the proposed amendments and voted 6-0 to
recommend approval of the amendments and ordinance as drafted.
Staff recommends approval of the proposed draft ordinance clarifying the City's regulations regarding
rental of boat slips on residential property.
Page 16 of 24
MIlVUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,May 23,2011
7:00 o'clock p.m.
(9. #II-3503 PUBLIC HEARING-CITY OF ORONO-ZOIVING TEXT AMENDMENT
LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCKRENTAL, Continued)
Bremer stated she does not like the language in the ordinance under Section 4(6),otherwise providing
space,but that she understands the intent of that language. Bremer stated there are a number of times that
she has taken her boat to different locations and there are also lots of people who use neighbors' docks for
going to and from places on the lake. Bremer noted that type of situation is not actually meant to be
included in this but would be and that she does have a concern about the phrase"otherwise providing
space" because it means no money is exchanging hands.
Gaffron stated through the decades the City has had a number of people looking for ways around the
ordinance and that is the phrase that gives the City some discretion in terms of the definition of renting.
Staff is looking at the impact of boats on the neighborhood and one of the issues is parking and other
activity from people who are not part of the neighborhood. The City receives approximately two dozen
calls a year from people who know the City does not allow dock rental. In a situation like that the
properiy owner may argue that they are not renting the dock and that it is just a friend,which may not
necessarily be the case. Staff would like to make it clear in the code what the specific code section is
without having to go to seven different sections.
Mattick indicated he understands Council Member Bremer's concern,but that when it comes time to . .
enforcement,the City has a difficult time proving that a rental agreement exists. Staff has found
documentation of continued use of a dock by a boat that is not owned or controlled by the resident of the
property,which is what the City has previously attempted to regulate. From a drafting standpoint,this
has been a tough ordinance to draft and that in a criminal sense the previous language made it
unenforceable. Mattick stated they could consider inserting language that says a property owner may not
otherwise provide space for X number of days consecutively or other similar language.
Gaffron stated from a policy standpoint and perhaps from a Code standpoint,the LMCD generally checks
around the lake and if there are four or more boats on one dock,they will check and verify if those boats
belong to that properiy. If the same boat is there a week or ten days later,that would enter the realm of
violation. Gaffron stated language of that sort could perhaps be written into the code.
Rahn asked if the LMCD allows for non-ownership of boats if they are not over their BSUs. Rahn stated
it was his understanding that the LMCD already had specific rules regulating dock use.
Gaffron stated the City's ordinance has been stricter than the LMCD regulations for the last 15 years and
perhaps longer. The City routinely receives'complaints every year regarding dock rental and it is
something that the residents expect the City to be enforcing. Gaffron indicated he is not sure whether he
would recommend changing the proposed ordinance but that he could follow up and find out what the
� LMCD is doing and obtain their specific policies.
Rahn stated he would like the City's ordinance to mimic the LMCD's and asked why the City would be
dealing with this rather than the LMCD. Rahn commented that dock renta] has to be a logistical
nightmare for Staff to handle. Rahn stated near his neighborhood there are individuals that let other
nonlakeshore residents keep boats at their docks and that he is not opposed to that if the property owners
are not over their boat count or their BSUs. Since one of the concerns of boat rental is neighborhood
parking,Rahn questioned if the City is going to start to regulate people that entertain every Saturday night
and their driveway is always full of cars. Rahn stated he would rather not have the City enact rules
regarding boats if there is already another governmental agency that deals with dock usage.
Page 17 of 24
MINUTES OF THE
ORONO CITY COUNCIL MEETING
' Monday,May 23,2011
- � . 7:00 o'clock p.m. ,
(9. #II-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT
LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCKRENTAL, Continued)
Rahn noted the City's handout states that new seasonal docks require a one-time$30 permit fee,and if the
dock is reinstalled in the same location,the fee is waived.
Gaffron indicated that language refers to the first time a new seasonal dock is installed. If a dock has
been there for the last 50 years,it can continue to go in at the same location without cost unless it is
relocated. Gaffron stated that may be a piece of the code that could be changed but that it is part of the
City's fee schedule. The fee covers the cost of Staff having to go out and inspect the dock the first time it
is installed to ensure it meets LMCD regulations.
Rahn stated he has a problem with the dock inspection since the LMCD already covers dock inspections
and setback measurements,and the City does not have zoning regulations for setbacks in the Code. Rahn
commented he has spoken with the LMCD and they have a difficult time eriforcing dock regulations,
. which is why the LMCD likes it when cities duplicate the'ir efforts. Rahn stated he has spoken with other
planners around the lakeshore cities and they have indicated they are not interested in regulating boats and
do not want the legal issues associated with boat regulations. Rahn stated in his opinion the ordinance
needs soirle additional work.
Gaffron stated it is very rare that someone comes in and requests a license for a new dock at a site that has
never had a dock. ,
Printup asked what the typical complaint is.
Gaffron stated the typical complaint by the residents is that their neighbor is renting their dock out and
that people are coming in at all times of the day causing parking and neighborhood problems. In a
situation like that,the City will send an inspector out,take the boat license number, and send a letter to
the property owner and the boat owner informing them that it is illegal to be renting a boat slip. In the
past the City has taken people to court in this type of situation and has won in court in a couple of cases.
The LMCD has also been involved in similar cases. Gaffron reiterated that it is not an unusual thing to
receive a dozen or more of that type of call in a year.
Rahn asked if the LMCD also regulates dock rental.
Gaffron stated Staff can check to see to what level the LMCD regulates dock rental.
Curtis stated the LMCD website states that two restricted watercraft may be kept within a dock use area
for most lots. Four restricted watercraft may be kept within a dock use area provided all the following
conditions are met: There is a single-family structure on the lot, all restricted watercraft kept at the dock
or mooring must be owned by and registered to persons who live in the residential structure. It also talks
about the length of the shoreline and multiple dock licenses with the LMCD. .
Rahn suggested Staff speak with the LMCD. Rahn stated the ordinance uses the word rental but that in
his opinion the City should have an outlet for a neighbor who is allowing another neighbor,such as an
inlander,to keep his boat on his dock. Rahn stated in his opinion that happens rather frequently and that
the City should have some way to allow for dock use to happen if the property owner is�not over the
number of allowable boats per their length of lakeshore.
Page 18 of 24
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,May 23,2011
7:00 o'clock p.m.
(9. #Il-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT
LAKESHORE RESIDENTIAL ZOMNG DISTRICTS: DOCKRENTAL, Continued)
Mattick asked Council Member Rahn if there is a difference between allowing the neighbor who doesn't
have lakeshore access to dock their boat at their property all season long as opposed to someone who is
not over their boat count and sells their dock space on E-Bay for a season.
Rahn stated the difference he sees is that it doesn't become a parking issue because the person is typically
� just walking across the street. Rahn questioned why tlie City would care if dock rental occurs if the .
property owner is not over their BSUs. ' �
Gaffron noted the LMCD does not check until they get up to the level of four boats and then every one of
those needs to be registered to the property owner. Gaffron stated the issue for the LMCD is at what level
they can spend time enforcing dock rental.
:�:;•� Rahn indicated he was told the LMCD checks when someone is over their allowable boat count and thatat
would be interesting to know if the LMCD has any type of allowance for having someone's boat there for
30 days or less. Rahn indicated it was his understanding that the LMCD did have some method for
allowing a boat at someone's dock that is not licensed to�the property owner.
� Rahn stated he would like to discuss this further at a work session and have Staff check with LMCD and
perhaps other lakeshore cities. Rahn stated the question is whether the Council wants Staff to be
duplicating what the LMCD already does.
Acting Mayor Printup opened the public hearing at 8:56 p.m. �
Dennis Walsh, 1354 Rest Point Circle,stated this is just another example of government attempting to get
into peoples'lives and telling them what to do. Walsh stated LMCD wil] come out if you complain and
that in his view the appropriate measures are already in place.
Walsh commented he would like to know how something like this gets on the City Council agenda
without discussing it first at a work session. Walsh asked if City Staff is running the City Council
meetings or if the City Council is putting its own items on the agenda.
Bremer noted this item was before the Planning Commission and came about as a result of public input.
Gabriel Jabbour, 985 Tonkawa Road, stated in his opinion Orono has lost its soul and is playing a game
called potluck supper and they're hoping to hit the right pot. The Council has forgotten who we are and
where we are going. Jabbour commented that every single item on the agenda is discussed to death and is
then voted on its merit based on how it will fit into the City's overall plan. The Council does not question
why people did things a certain way in the'70s or'80s or 2000's. Jabbour stated in 1975 the City adopted
ordinances that prohibited lots from having docks that do not.have a primary structure.
Gaffron indicated that is correct. , � �
Jabbour stated in the 1980s,the City took a property owner to court and prevailed from allowing him to
have a dock without a primary structure. If the house is torn down,a person cannot have a dock without a
principal structure regardless of the cost of the property.
Page 19 of 24
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,May 23,2011
7:00 o'clock p.m. .
(9. #II-3503 PUBLIC HEA.RING-CITY OF ORONO-ZONING TEXT AMENDMENT
LAKESHORE RESIDENTIAL ZOMNG DISTRICTS: DOCKRENTAL, Continued)
Jabbour stated he would like to see every single citizen of the United States have access to Lake
Minnetonka but at the same time the neighbors should be taken into consideration. The LMCD Code is
being reviewed,but you currently can have two boats and they can belong to anyone. Four boats have to
be registered to the property owner. Jabbour commented it is virtually impossible for the City's attorney �
to enforce the code based on who is there. By the time it gets in front of the judge,it is December and
next year you start all over. Jabbour reiterated that enforcement of the code is very difficult.
Jabbour stated the Council should understand why the City's policies and regulations were enacted in the
first place. Moody's gives the City a phenomenal rating based on past Councils who have rejected
excessive spending. Jabbour encouraged the council members to talk to people,particularly Ex-Mayor
Callahan and Charlie Kelley,on how Orono got here instead of figuring out each issue the night of the
City Council meeting. The Council should first determine if the City has the money available for a
project, such as exotic species. If the answer is yes,the Council should then weigh the decision based on
the individual request.
, Printup noted the videotape needs to be changed.
(Recess taken from 9:03 p.m.to 9:09 p:m.)
Jabbour commented the City of Orono has been conservative in the past but that we have lost our way.
Orono is no longer a leader among the local communities. Jabbour noted in the past over 50 people
gathered together at the LaFayette Club to discuss items of interest. When the City of Orono called a
meeting,the people knew we were calling for a righteous reason. The City also got awards for public
access and including everyone in the community.
Jabbour noted that Orono has had 1,500 acres of park land given to the City by its residents, but yet the
City cannot open the sliding hill for the kids at the golf course and does not have a problem spending
millions of dollars on issues that do not fit into our lifestyles. �
Jabbour indicated he would like to see this Council united and that he would invite Mr. Walsh to be an "
agent of uniting instead of divisiveness. He asked Council to work together in order to bring Orono back
to the days when it led the Lake Minnetonka area. Orono has a profound role tb play in the area. There
are 13 other cities around the lake. Orono either encompasses, shares borders or shares bays with other
cities like Mound and Wayzata. Orono needs to reclaim their position,give the Orono residents what �
they deserve,and have a strong,positive impact on the lake. Jabbour noted Orono no longer has a
representative on some of the regional agencies and that he would like to see Orono regain their
leadership in the community.
Jabbour stated the City Council needs to figure out what the City stands for and weigh the applications
against those standards. If the City's bond rating is driven down,all city projects will cost more. Jabbour
indicated he personally met with representatives of Moody's and that they did not give Orono that rating
based on our balances but they gave it to us because we convinced them on our philosophy. When
different organizations asked for money,the Council voted the requests down. Those prudent decisions
helped Orono obtain their AAA rating. Jabbour requested the Council think twice about their projects
and recommended that they revisit their assessment policy.
Page 20 of 24
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,May 23,2011
7:00 o'clock p.m.
(9. #II-3S03 PUBLICHEARING-CITY OF ORONO-ZOMNG TEXTAMENDMENT .
LAKESHORE RESIDENTIAL ZOMNG DISTRICTS: DOCKRENTAL, Continued)
Acting Mayor Printup closed the public hearing at 9:15 p.m.
Rahn stated from 2000 to 2006,the City had numerous variance applications dealing with docks and that
he cannot remember one application that was denied.
. Bremer stated on Casco Point the City did require the removal of a dock if there was no principal
structure.
Rahn commented the first thing a person wants to do is put in a dock if they own lakeshore.
Bremer stated to her recollection they have required docks to be removed a number of times.
Rahn state,d listed right on the zoning application is language that states during the time the house is •��'�
razed,there cannot be a dock.
Gaffron stated to his knowledge the City has a standard in place that incorporates some time frames in it
or an agreement with the property owner to deal with that type of situation. . .
Curtis indicated it is a right of entry agreement.
Gaffron stated if the house is not built within a period of time,the dock can no longer be there.
Rahn stated he personally does not see a problem with having a dock without a primary residence.
Franchot stated it is clear that the Council has not reached any type of conclusion on this issue and that he
would suggest the item be discussed further at a work session. Franchot stated the City could attempt to
solve parking issues on land,which is currently an issue,by limiting boats on a dock,but that this issue
needs to be discussed further.
Franchot moved,Rahn seconded,to table Application No. 11-3503, City of Orono,Zoning Test
Amendment Lakeshore Residential Zoning Districts: Dock Rental. VOTE: Ayes 4,Nays 0.
� #11-3505 PUBLIC HEARING-THOMAS AND MARTHA McCUNE, 1473 BAY R �
ROA ARIANCES,9:17 P.M.-9:21 P.M.—RESOLUTION NO. 6050
Curtis stated the a 'cants are requesting side yard setback variances in order t air an ice dam issue
with the existing roof. applicant would like to reconstruct the roof ov e older portion of the home
with a slightly steeper pitch. e resulting increase in height would an additional 2' 11"from the
existing roof. The existing home s not meet the 30-foot s' setbacks as required for principal
structures within the LR-lA zoning dis ' t. A 16.7 foo tback exists on the south side of the home and
a 14-foot setback exists on the north side o h e where 30 feet is required.
Planning Staff recommends approv the side setbac riances in order to reconstruct the roof as
proposed.
Acting Mayor P ' p opened the public hearing at 9:18 p.m.
Page 21 of 24
, PC Exhibit G
MINUTES OF THE '
ORONO PLANNING COMMISSION MEETING
Monday,May 16,20ll
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the followi embers present:
air Loren Schoenzeit,Commissioners Denise Leskinen,John Thiesse,Hue xander,Jon Schwingler,
an izabeth Levang. Representing Staff were Assistant City Adminis or for Long-Term Strategic
Planni Mike Gaffron,Planning Coordinator Melanie Curtis,and corder Jackie Young. City Council
Member id Rahn was present.
Chair Loren Scho eit called the meeting to order :30 p.m.,followed by the Pledge of Allegiance.
CONSENT AGENDA
Schwingler moved,Leskinen sec ed,to approve the Consent Agenda as submitted. VOTE:
Ayes 6,Nays 0.
*1. APPROV OF PLANNING COMMISSIO ETING MINUTES OF MARCH 21,
2011
Schwing moved,Leskinen seconded,to approve the minutes of the Or Planning Commission
meeti of March 21,2011,as submitted. VOTE: Ayes 6,Nays 0.
NEW BUSINESS
2. 11-3503 CITY OF ORONO,ZONING TEXT AMENDMENT RESIDENTIAL ZONING
DISTRICTS: RESIDENTIAL DOCK RENTAL,6:32 P.M.—6:37 P.M.
Curtis stated in order to preserve the residential character of neighborhoods and prevent competition with
licensed marina businesses; rental of boat slips on residential docks has been limited in the City of Orono
�� since 1962. Rental of boat slips on residential properties has been prohibited entirely since 1995.
The City Code sections when taken together comprise the City's rules for rental of residential boat slips
or docks are many and are scattered throughout the zoning code. These code sections are outlined within
a City handout. This informational handout with the lengthy title"Orono Municipal Code Excerpts
Regarding Prohibition of Boat Slip Rental in Residential Zones"is also lengthy in content. Staff is
proposing a zoning code text amendment which will not change the rule but rather state the current rules
more clearly and succinctly within a single code section.
The Planning Staff recommends approval of the proposed draft ordinance clarifying the City's regulations
regarding rental of boat slips on residential property. The draft ordinance should be moved forward to the
City Council's May 23`d agenda for review.
Chair Schoenzeit opened the public hearing at 6:33 p.m.
There were no public comments regarding this item.
- Chair Schoenzeit closed the public hearing at 6:33 p.m.
Page 1
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,May 16,2011
6;30 o'clock p.m.
Schwingler commented he likes the idea of making the ordinance clearer and more succinct. Schwingler
asked if there was much discussion in 1995 regarding zero tolerance for renting out residential dock slips.
Gaffron stated it had been an item that had been discussed before that as something the City should look
at revising in the future.The issue at that time was that there had been marina owners that were unhappy
with the fact that people could rent stips from residential properties. At the time the City was in the
process of redoing the marina licensing for the B2 district and residential boat slips was not a huge issue.
The marina owners were supportive of the idea that there would be fewer rentals of private slips.
Through the years there have been a number of neighborhoods that have been worse than others in terms
of renting out slips and the City would receive periodic phone calls complaining of different issues. This
test amendment,however,has been fairly well supported through the years.
Schoenzeit asked if there is a limit on the number of boat slips for a residential property.
Curtis indicated it is based on what the LMCD allows for each property based on their shoreline.
..y.n1
Schoenzeit asked if the limit typically has been five boat slips.
� Gaffron stated it typically has been no more than four,and if there are more than two boat slips on a
residential property,the LMCD verifies typically once a�year that all of the boats are registered to the
property owner. Through the years the language has been changed slightly.
Levang stated the text amendment seems pretty straight forward and thaf she does not have any issue with
the intent or the language of the ordinance.
Levang moved,Alezander seconded,to recommend approval of Application#11-3503,City of
Orono,Zoning Tegt Amendment Residential Zoning Districts: Residential Dock Rental,an
Ordinance Amending Chapter 78 Regarding Private Docks in Districts LR-lA,LR-1B,LR-1C,and
LR-1C-1. VOTE: Ayes 6,Nays 0.
11-3504 CITY OF ORONO,ZONING TEXT AMENDMENT RESIDENTIAL G
D CTS: GARDENS AS A PERMITTED USE,6:37 P.M.-8:09 P.M.
Curtis stated ening and other horticultural uses are currently all m Orono as accessory uses
within residential z ' districts. A permitted principal us st be present on the property prior to the
accessory use being allo This means a house m xist on the property before a dock,a shed,or
even a garden may be allowed. farms ar rrently allowed and require a minimum of ten acres of
land. Orono's Zoning Gode defines cro s as "a parcel of land comprising an area of ten or more
acres that are used for the growi plants,tre , r shrubs with or without profit." In the rural
residential districts, crop f s are allowed as a permi rincipal use; and within the lakeshore
, residential districts,c farms are allowed as a conditional use. . -
The City w ecently approached by individuals interested in creating a comm ' arden in Orono.
The co unity garden would be run by volunteers. They propose to utilize vacant prop o plant and
m ' ain a garden for the purpose of donating the harvest to a local food bank and/or charity.
Page 2
PC Exhibit H
The following is a Synopsis of the LMCD dock and boat storage rules for residential properties.
For a full copy of the rules please see Chapter 2 of the LMCD Code or call the LMCD office.
Dock Use Area
No person shall use any area of the lake outside an authorized "dock use area (DUA)", for
docks, moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless
specifically permitted.
DUA Lenqth (measured from the 929.4 NGVD)
The length of a dock use area is equal to the property shoreline frontage width, with a
maximum of 100 foot dock length.
�' '- Sites in existence on February 5, 1970 with a lake frontage of 40-60 feet may have a
dock extending up to 60 feet into the lake.
Sites in existence on February 5, 1970 with lake frontage of 40 feet or less may extend to
� reach a water depth of 4 feet (not to extend beyond 60 feet).
DUA Width portion within setbacks measured from extended side property lines into the lake.
For that portion of the length or authorized dock use area which extends from the shore:
0 - 50 feet 10 foot setback
50 - 100 feet 15 foot setback
Cano ies require a 20-foot setback from the extended pro e line `
❖ Side opening slip (Boat parked parallel to shore) setback shall be at least equal to the slip
depth (not less than20 feet).
•:• Lots with 50 feet or less of shoreline in existence on February 2, 1970, qualify for a 5 foot
setback, providing it in no way impairs access to neighboring docks.
Dock Structure
❖ May exceed 8 feet, excluding posts, in either is length or width, but not both.
❖ Permanent docks require a permit from the LMCD.
. . Page 1 of 3
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Watercraft Density Restrictions
No person shall use any area of the lake outside of an authorized dock use area for docks,
moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless
specifically permitted.
Restricted Watercraft Definition - any boat or vessel for use on or stored on the public waters
of the Lake, except for unrestricted watercraft as defined below. �
Number of Restricted Watercraft Allowed:
❖ 2 restricted watercraft may be moored or docked within a dock use area for most lots.
r��
❖ 4 restricted watercraft may be moored or docked within a dock use area provided all the
following conditions are met:
➢ single family residential structure on the lot
➢ All restricted watercraft moored or docked at any dock or mooring facility
must be owned by and registered to persons who live in the residential
� structure.
❖ 5 or more may be docked or moored provided there is 50' of shoreline at the lot for each
restricted watercraft. A lot with 5 or more restricted watercraft must have a multiple dock
license with the LMCD.
Unrestricted Watercraft Definition - any boat or vessel for use on, or stored on the public
waters of the lake which is:
16 feet or less in length and non-motorized; or
16 feet or less in length and which uses a motor of 10 horsepower or less; or
20 feet or less in length, non-motorized, and which is propelled solely by human power.
Number of Unrestricted Watercraft Allowed:
Residents can have any number of unrestricted watercraft within the dock use
area.
❖ Residents shou/d check with their city for any additional restricfions to the above.
Page 3 of 3
PC Exhibit I
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Date Application ReceiVed: 02/22/2012 ,
' Date Application Considered as Complete:02/22/2012
. 60-Day Review Period Expires: 04/22/2012
60 Day Extension Sent 3/21 Expires:6/21/12
To: Chair Schoenzeit and Planning Commission Members �
Jessica Loftus, City Administrator
From: Michael P.Gaffron,Asst.City Administrato
Date: May 14, 2012
Subject: 12-3547,John & Phoebe Stavig, "790" Brown Road N/PID 34-118-23-11-0003
-Variances
-Continuation of Public Hearing
-----------------------------------------------------------------------------------
Zoning Districtc LR-1A, One Family Lakeshore Residential, 2-acres/200' �
Lot Area: 62,247 square feet(1.42 acres) . ,
Lot Width: +360' at OHWL(944.3')&+356' at 75'setback
Application Summary: The applicant is requesting bluff setback, average lakeshore setback and
a rear/street setback variance in order to construct a home on an undeveloped property. A
variance to build within the bluff impact zone is also requested. This item was tabled at the
March 19 PC meeting to allow the applicant time to provide additional information.
Staff Recommendation: Planning Staff's position on this application has changed only slightly
as a result of the additional information submitted by the applicant.Staff recommends:
1. Approval of an average lakeshore setback variance.
2. Denial of the bluff setback variance.
3. Denial of the variance to encroach into the bluff impact zone with structure.
4. Allowance for limited grading within the bluff impact zone to allow for a walkout door.
5. Approval of a setback variance to allow the home/structure up to 25 feet from the rear
(street) property line.
6. Approval of left and right side setbacks of 25 feet to allow for a house/garage footprint
. of approximately 2150 s.f. . - _
List of Exhibits
ExhibitA. Applicant's Updated Narrative/Letter of Request 5/9/12
Exhibit 8. Applicant's Engineering Field Report 4/30/12
Exhibit C. City Engineer Comments on Latest Submittal
Exhibit D. Staff Sketch `�
Exhibit E. Notice of PC Action 3/21/12
Exhibit F. Extension Notification 3/21/12
Exhibit G. . PC Minutes 3/19/12 ,
� Exhibit H. PC Memo and Exhibits of 3/9/12
, �
f.- ,
' FILE#12-3547 '
May 16,2012 ._ ,__ ., .�
Page 2 of 3
Additional Information Provided
Applicant has provided an engineering report from Carl Anderson Engineering (Exhibit B) that
suggests the slope stability is adequate for construction of a residence at the applicant's
proposed location, and that the potential for erosion is mitigated by existing vegetation. In
reviewing that report, staff would note that the comment on Page 4 of the report that "the
slope of the hill immediafely below the top of the bluff line near the location of the proposed
structure is significantly less than the 303� slope threshold marginally found in areas near the
wetfand that cause this to be defined as a bluff' does not appear to be consistent with the
contours shown on the survey. Based on the survey, the slopes within the first 20-25 feet
downslope from the driveway bed range from 28-32%for the length of the proposed house.
The City Engineer has reviewed the submitted information and his comments are attached as
Exhibit C. Please review.
The applicant has suggested in his revised narrative (Exhibit A)that reducing the street setback
from his proposed 30' to 25', and reducing the side setbacks from the required 30' to 25', will .
have negative impacts completely out of character with the neighborhood. The staff sketch
(Exhibit D) suggests that a residence 25' from the street'�lot line could be constructed with only
minor triangular 5' encroachments into the 30' side setbacks, yielding a footprint including a
triple garage of around 2150 s.f. Planning Commission should consider whether the potential
visual impacts of 25' street and side setbacks are significant, and whether such a scheme would
be more appropriate than granting variances to the bluff setback requirement. Staff's initial
suggestion that the size of the footprint be reduced to near 1500 s.f has been reconsidered in
light of reducing the side setbacks. The ability to construct a house of approximately 2150 s.f.
footprint would then seem feasible. •
Applicant has suggested that an excessively tall house would result from moving the structure 5
feet closer to the road. Staff believes that locating the house to meet the 30' bluff setback
rather than the 15' setback proposed does not make it infeasible to set the house at the same
floor elevations as proposed. It does mean that some excavation between the roadbed and the
house (and potentially into the bluff impact zone) would be needed to have all or a portion of
the east fa�ade of the house as a walkout, as opposed to having it be a lookout. A very limited
excavation within the bluff impact zone might not be detrimental, and it would provide some
usable flat yard area. Some of the noted trees along the west side of the old road bed might be
saved under this scenario, most of which are within the 20' bluff impact zone where trees
greater than 6-inch diameter require City approval to remove and require replacement.
The applicant's potential lower garage area may be reasonable only if it does not require the
establishment of a new driveway to access it, which could impact existing trees and have
stormwater management impacts. The biggest issue would be managing runofffrom a driveway
that would have,to traverse the slope around the side yard. We realize the potential storage
space under the garage may be valuable given the footprint constraints of this lot.
Bluff Protection
As noted in the March staff report, protection and preservation of bluff areas within Orono has
been a key aspect of Orono's Shoreland regulations since adoption of the DNR shoreland rules in
1992. The bluff impact zone (20') and bluff setback requirement (30') are meant to limit
• .
. FILE#12-3547
May 16,2012
Page 3 of 3
potential negative impacts to the bluff and the vegetation which stabilizes the bluff from sfump,
� erosion and slope failure. Encroachmehts into the sensitive areas increase the potential for
irreversible damage to occur. Regarding bluff areas in general it is staff's position that,
particularly in new construction situations, all bluff setbacks should be met, and variances
should not be granted.
Buildability ,
If no variances are granted, this lot will not have a buildable envelope sufficient to construct a
single family residence. Whether the applicant has a reasonable use of the property if it cannot
be built on is debatable, but there is no question that the lack of sufficient buildable area is a
practical difficulty.
In the interest of creating a usable buildable area within the property, staff has proposed a set
of setback parameters which we believe should be acceptable to the City while protecting the
bluff and bluff impact zone and not encroaching on the bluff setback. Whether the applicant or
the neighborhood finds this set of conditions to be acceptable is not known; further, the
immediate neighbor to the west has not had the opportunity to react to the 25' west side
setback proposal. If this is the direction Planning Commission desires to move toward,�we
should'make an effort to gain input from the neighbor to the immediate west, perhaps if
necessary via notice for a continued hearing at the Council level rather than tabling for a month.
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 proposed by the applicant, if
granted in one form or another, 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 variances in one form or another?
4. If variances are granted to the bluff standards, should methods suggested by the
City Engineer be implemented to further protect the bluff area from homeowner
impacts which in the future could cause stabilization issues for the slope?
5. Planning Commission should specifically determine whether granting variances to allow
25-foot street and side setbacks is out of character with the immediate neighborhood.
Have the immediately adjacent owners provided input as to the potential side
setback variances affecting them?
' 6. Are there any other issues or concerns with this application?
Staff Recommendation
Staff recommends the following:
1. Approval of an average lakeshore setback variance. ,
2. Denial of the bluff setback variance.
3. Denial of the variance to encroach into the bluff impact zone�with structure.
4. Allowance for limited grading within the bluff impact zone to allow for a walkout door.
5. Approval of a setback variance to allow the home/structure up to 25 feet from the rear
(street) property line.
6. Approval of left and right side setbacks of 25 feet to allow for a house/garage footprint
of approximately 2150 s.f.
� PC Exhibit A
Description of Request—UPDATED MAY 9, 2012
790 N. Brown Road
In response to the Planning Commission's questions and suggestion in the March 19tn
meeting, I have attached a soil report dated April 30th (the "Report") from Carl Anderson, P.E.,
P.G., a licensed professional engineer and licensed professional geoscientist with experience in
municipal zoning issues related to erosion. Based upon the field survey and drilling of multiple
test probes on and immediately below the driveway bed, this Report summarizes "that existing
soils at this site have sufFicient stability to allow construction of a home at the site indicated on
the Gronberg and Associates survey without the risk of any material soil erosion."
The Report also finds:
■ "Below the topsoil, the lean clay become increasingly stiff with depth and can be
expected to provide adequate soil bearing capacity for single family residential
dwelling footings, designed for clay."
■ "There was also no evidence of any erosion on or near the driveway bed. The
fact that the driveway bed has shown no signs of erosion in over a century adds
support to the conclusion of this analysis that the soils at this site have sufficient �
stability to allow construction of a home at the site indicated on the Gronberg
and Associates survey."
■ "The proposed location of a walkout structure on the Gronberg survey is well
situated to minimize required grading and take advantage of the steady and
gradual slope above the bluff line and to position the rear wall of the foundation
just above the stable "shelf' created by the construction of a driveway bed more
than a century ago." �
■ "Given the unique contour created by the construction of the driveway bed,
positioning the structure further away from the bluff zone may actually create a
greater potential for erosion of soil above the driveway bed. Positioning the
structure immediately above the driveway bed "shelf" appears to be the most
stable position for a structure near the allowed. building envelope in the
Gronberg survejr. Having a relatively flat and demonstrably stable 15 foot wide
area immediately behind the proposed structure alleviates concerns over
erosion immediately behind the structure."
. ■ "The large number mature and developing trees add significant stability to the
soil below the driveway, mitigating potential concerns over erosion." ..
■ "the slope of the hill immediately below the top of the bluff line near the
location of the proposed structure is significantly less than the 30% slope �
1
threshold marginally found in areas near the wetland that cause this to be
defined as a bluff"
■ "the area at the bottom of the bluff, often a concern for lakeshore bluff
management, is not at risk for erosion from waves, ice or even standing water,
as a result of thickly developed vegetation throughout the wetland area."
Additionally, based on the suggestion of planning commission and city staff members,
we have evaluated the alternative potential placements for a building site on the Lot:
■ Seeking a side lot variance toward the east would position the house closer to both an
existing driveway located along the Lot boundary and the steeper area of the bluff and
areas above the blufF,thereby worsening any potential concerns over erosion.
■ Seeking a side lot variance toward the west would position the house closer to the
neighboring property's tennis court, which nearly touches (within 5 feet) the Lot
boundary near the buildable area of the Lot.
■ Seeking an expanded front lot variance (beyond the reduction to 30' requested) would �
position the house so near to the shared cul de sac and neighboring tennis court as to
make it completely out of character with the neighborhood and a potential eyesore to
adjacent neighbors. Forcing a house to be placed in this location effectively renders the
Lot unbuildable.
■ Seeking an expanded front lot variance (beyond the reduction to 30' requested) would �
position the house above the natural walkout grading of the Lot, thereby causing excess
grading of soil and/or forcing the construction of an excessively tall house that could
serve as a potential eyesore to adjacent neighbors that is out of character with the
neighborhood.
■ Reducing the footprint of the structure to 1,500 s.f. in total (including garage), as
proposed by city staff, would create a house dramatically smaller (less than half the size)
than a�other home in the immediate neighborhood and/or force the construction of an
excessively tall house that could serve as a potential eyesore to adjacent neighbors that
is out of character with the neighborhood.
As stated in our initial application, we are seeking approval of a variance request that
meets the objectives of new regulations imposed after the Lot boundaries were established,
while providing reasonable allowances for the uni•que circumstances to meet the intended and
approved use of the Lot. The proposed-thoughtful positioning of the modest (approx. 1,600 s.f.
main level, plus garage) house minimizes the potential for erosion by taking advantage of the
stability from the unique driveway bed, the natural contour of the land above the bluff and the
protective tree vegetation immediately below the driveway bed.
Description of Request—ORIGINAL DATED MARCH 13,2012
, 790 N. Brown Road
We are requesting approval for a reasonable building footprint on PID 34-118-23-11-003
(the "Lot") adjacent to our primary residence. The Lot was created in its current form in 1969 as
part of a single-family home subdivision and has been assessed and taxed at a rate equivalent
to buildable vacant lakeshore for more than forty years (see Exhibit A). It is a uniquely shaped
property on Long Lake with hills, wetlands and lakeshore. A combination of new regulations
since the Lot boundaries were established, some of which only marginally apply, has made the
buildable footprint extremely small and impractical to support the intended and approved use.
This creates a hardship consistent the Minnesota State Statute 462.357.
We are seeking approval of a variance request that meets the objectives of these new
regulations, while providing reasonable allowances for the unique circumstances to meet the
intended and approved use ofthe Lot. The proposed footprint and structure are modest in size
��} (approx. 1,600 sf main level, plus garage), consistent with the character of the neighborhood
and accommodate as well as possible the numerous new regulatory restrictions on this Lot.
The Lot is technically "buildable" despite current regulations and would not absolutely require a
variance. Being forced to build an extremely small, shallow, tall, odd and irregular house(s)
within this extremely narrow and irregular footprint, however, would substantially alter the
essential character of the locality and negatively impact adjacent landowners.
The Lot and the relating subdivision was submitted and unanimously approved by the
Village of Orono Planning Commission on October 20, 1969. It was subsequently submitted and
unanimously approved by the Village of Orono Village Council on November 25, 1969. At the
time it was approved, the lot was in complete compliance with the Municipal Code of Orono
adopted on January 1, 1968. The lot was a 2+ acre parcel developed for the sole purpose of
supporting a single-family home. The lone restrictions at the time were 30' side and 50'
front/back setbacks. Since its approval, the Lot has become subject to expanded Shoreland
Setback restrictions, Bluff Setback restrictions, Bluff Impact Zone restrictions and Average
Lakeshore Setback restrictions.
Since we acquired the property in 2002, this Lot has been categorized at "vacant-land
lakeshore" and taxed at a value that clearly implies an expectation for the placement of a
residential home on the property. Although the estimated market value for taxing purposes
has declined from a peak of $720,000 in 2007-08, the property continues to be taxed at a
market value of$585,000. In fact, today we received a notice from the City of Orono at 2750
Kelley Parkway informing us that the 2013 estimated market value for taxing purposes witl
continue to be $585,000.
.
The allowable building footprint is primarily limited by the Bluff Setback and Bluff
Impact Zone restrictions. We believe these regulations are overly restrictive for this Lot and are
� mitigated by the following:
i) Prior to the implementation of regulatory restrictions, the "Bluff Impact Zone" was
significantly improved and has not resulted in any erosion. This hillside area was
leveled for a driveway and cleared of all vegetation sometime between 1870 and
1910. As a result, this is very different from the typical situation of protecting
against erosion of undisturbed land. It is important to note that no material erosion
has occurred from this driveway bed in more than 100 years. The proposed building
� footprint maintains at least a 15' setback from the downhill side of this driveway
bed. Precludin� anv buildin� in an area above an improved road bed that has a
slope of considerablv less than 30% seems inconsistent with the spirit and intent of
these re�ulations.
ii) No grading will be required at the rear of the proposed building footprint, and only a
minimal amount on each side as the natural grading of the proposed sight is ideally
suited to a walkout basement. .
iii) It is not clear that the 30%threshold definition of a "bluff" exists throughout the Lot.
� Ambiguity in the definition and variations in the calculation of any "bluff' has
resulted in calculations that range from 28.9% to 31.2% by the surveyor of this Lot.
Differing lines can be drawn and varying calculations are possible� based upon �
potential locations of a structure on the Lot. While the landowner reserves the right
to challenge the determination of whether a "bluff" exists, this proposal would
position the house nearly 135' from the lakeshore and 60' further from lakeshore
than if the 30% threshold were not met throughout the entirety of the Lot. The
proposed variance meets, and in many ways exceeds, the intent of the regulation for
a Bluff Setback.
iv) In the area near the proposed building footprint, the degree of slope is significantly
less than the rest of the lot and well below the 30%threshold. City inspectors and
council members are encouraged to stand on the driveway bed and make their own
assessment. The city's own drawings depict a significantly lower slope near their
defined Top of Bluff.
v) This is a wooded hill protected from erosion by trees that will be maintained on the
�:
hill to prevent erosion. No trees will be removed on or below the driveway bed.
We are also requesting a reduction of the Front Setback variance to 30'. The property is at
the end of a private wooded road and the proposed changes would not change the character of
the neighborhood. In fact, we are seeking approval of a significantly more restrictive set of
setback measurements than what exist for the adjacent property's tennis court.
�
This variance request meets the "practical difficulties" criteria consistent the Minnesota
State Statute 462.357:
■ We propose to use the Lot in a reasonable manner consistent with its intended and
approved use, which has been effectively prohibited by a combination of new zoning
ordinances.
■ Circumstances are unique to this Lot and were not created by the landowner.
■ Approval will not alter the essential character of the Iocality.
■ � The special conditions that apply are peculiar to this Lot and do not generally apply to
other properties. �
■ The granting of the application is necessary for the preservation and enjoyment of a
� substantial property right of the applicant, and is necessary to alleviate demonstrable
difficulty.
■ The proposed building footprint is in harmony with the intent of the broad range of.
shoreland ordinances to preserve water quality, prevent erosion and protect the.
_�.
+� � sensitive resources.
There are no hardcover or septic concerns with this proposed variance. Sewer lines
were installed in this subdivision in 2004 and can be completed to serve this Lot (with�
additional assessments), thereby eliminating any need for placement of a septic system.
Easement rights will also need to be granted to the adjacent 780 property as the line was
terminated on the vacant lot.
We are seeking to either market or build a new primary residence on this Lot. While we
recognize that "economic considerations alone do not constitute practical difficulties", the
denial of this variance and the cumulative effect of the excessive taxation on this Lot will force
us to sell both of our lots. Upon purchasing this property in 2002 and throughout the nearly �
ten-year period of ownership, we have understood that this was a "buildable" Lot. We have
been taxed at a sharply increasing rate consistent with this understanding and have received no
notification from any city, county or state officials to suggest otherwise. We believe that a
refusal by the city to allow a reasonable variance that takes into account the unique
circumstances of this Lot and abides by the intent of the regulations would result in a taking of
real property.
John & Phoebe Stavig
March 13, 2012 (revised May 9, 2012)
Exhibit A
Assessment Year Estimated Market Value
2001 $300,000
2002 $300,000 �
2003 $490,000
2004 $545,000
2005 $630,000 '
2006 $675,000
2007 $720,000
2008 $720,000
2009 $675,000
2010 $585,000
,: 2011 $585,000 �• ,
2012 $585,000
,...�
, PC Exhibit B
C�,I�L �,ND�I�SON �NGIN�f�ING
1625 SOUTH SECON D AVENU E - ANOKA, MI NN ESOTA 55303
OFFICE AND CELL PHONE: 612 518 5317
,,.„
ENGINEERING FIELD REPORT
Client: John and Phoebe Stavig Site: 790 North Brown Road
780 North Brown Road Orono, MN
Orono, MN 55356
Date of Report: April 30, 2012 Site Visit: April 9, 2012
Background:
You are applying for a Bluff Setback Variance for your property at 790 North Brown Road, Orono. The
site occupies the bluff above the west end of Long Lake with slopes to the wetland area north and west
of the lake. Exhibits prepared by your engineer and land surveyor Gronberg and Associates,
demonstrate the configuration of the property including the location of the proposed structure, bluff line
and other pertinent features as defined by the local bluff ordinances imposed after the lot was originally
plotted in 1969.
The City of Orono 2010-2030 Community Management Plan' indicates that "Orono's land forms are
, highly varied as the result of four separate glacial scourings . . . Due to the range in type and location
of deposited materials, the composition of the soils is complex and highly varied . . . Consequently, the
ability of each soil type to adequately accommodate development varies considerably in Orono.
Careful examination of each site is needed to determine the most appropriate land use for individual
properties."
Carl Anderson Engineering was asked to examine soil conditions at the site and comment on the soil
stability near the bluff zone and its ability to support the proposed structure in the Gronberg survey. A
soil study was accomplished by examination of soil and aerial maps augmented by direct examination
of the onsite soils by use of augured test probes.
Geotechnical Observations:
I��V �• � A
The map exhibit on the right was �K
prepared by superimposing an
-u�
aerial photograph showing soil '�;«,,.
boundaries onto a recent aerial
photograph of the subject site ,,y
copied from the Hennepin County - :r. _
property information web site. ��
The property is outlined with a
� �I
cyan colored, double line border,
the soil boundaries are bold yellow ', .
lines. Other lot lines are narrow
yellow lines. The soil boundaries
were copied from map sheet 43 of
the "Soil Survey of Hennepin
County Minnesota", published in
� http://docs.ci.orono.mn.us/CompPlanUpdateFinalPlanUpdated091310/20102030CMPPostadoptionSummarywithMaps.pdf
April 1974 by the USDA Soil Conservation Service. The overlay fit of the two maps was accomplished
by aligning tree-line boundaries, roads and the waters edge of Long Lake.
The soil mapping units, formerly called Hayden loam, have been renamed Lester loam by the USDA
Natural Resources Conservation Service. Hayden - now Lester soils are well known within Hennepin
County as competent soils both for home construction and road building. These soil units were formed
from glacial moraine consisting of glacial till which is an undifferentiated mix of sand, silt and clay.
- Locally, Hayden or Lester soils are often found to be lean silty clay.
The prominent soils at the subject site are labled "L22F" and "L22C2". The L22F inap unit is described
as "Lester loam, morainic, 25 to 35 percent slopes". The L22C2 unit is described as "Lester loam,
morianic, 6 to 12 percent slopes, eroded". The L22F inap unit is similar to L22C2 except for the greater
slope of the surface.
Near the waters edge are "L24A", "Glencoe loam, depressional, 0 to 1 percent slopes" and "L16A",
"Muskego, ponded, 0 to 1 percent slopes". The Glencoe soil unit has approximately 8 percent organic
. � matter and the Muskego has approximately 75 percent. These two soil units are unbuildable without
extensive soil correction. �
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Soil Probes
To verify and further examine soil conditions, four hand auger soil probes were made at the site. The
locations of the soil probes are plotted on the above map, prepared from the Gronberg survey exhibit
showing the site boundaries, ground slope and the proposed structure location. It was noted that the
soil boundary between the two Lester soil units is generally consistent with the "bluff line" shown on the
survey.
Test probes 1 and 3 we�e put down within the area of the old driveway above the bluff line. Test
probes 2 and 4 were located within the steeper slope below the bluff line. The soil logs were recorded
as follows.
Test probe 1 Test probe 3
Surtace 979 feet Surface 981 feet
, 0 to 1.5 feet—black loam (OL) 0 to 1 foot—black loam (OL)
1.5 to 3 feet—gray brown loam (CL) 1 to 3 feet—buff colored loam (CL)
Test probe 2 Test probe 4
Surface 976 feet SurFace 977 feet
0 to 2.5 feet—black loam (OL) 0 to 1.5 feet- black loam (OL)
2.5 to 3 feet—gray brown loam (CL) 1.5 to 3 feet—buff colored loam (CL)
The designations: CL and OL are based upon the Unified soil classification. CL refers to inorganic
clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and at this site: lean clavs. OL
refers to organic silts and here: orqanic siltv clavs of low plasticity. Using the AASHO classification
system, the Lester soils are generally A-4 or A-6.
Findings and Assessment:
The observed soils were found to be consistent with � ''�`°_�
Lester loam. • The black loam at the surface is slightly `"`'�V
1 ar'
organic silty clay topsoil. _ At each probe, the topsoil '
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showed a gradational color change to the underlying soil � :� , ' „�
materials, indicating these soils have been little disturbed ��
11
except by say, wheel rutting along the old roadway.
There was no evidence that imported soil materials such �
� as sand or gravel were used to improve the old driveway
surface. There was also no evidence of any erosion on -
or near the driveway bed. The fact that the driveway bed
has shown no signs of erosion in over a century adds R �
support to the conclusion of this analysis that the soils at
this site have sufficient stability to allow construction of a
home at the site indicated on the Gronberg and � X•r :. r. - .: .�
Associates survey. ��:.. �f = �- -
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Below the topsoil, the lean clay become increasingly stiff ..� � - r '
with depth and can be expected to provide adequate soil � � .
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bearing capacity for single family residential dwelling t.,
footings, designed for clay. ' �`
��
The photograph on the right shows the old driveway
looking westerly. The proposed house site will be just
beyond the bent over tree. This photograph is included to illustrate the extent of tree cover. The
frequency of trees shown on the test hole location map above the old driveway is generally repeated
below the driveway. The large number mature and developing trees add significant stability to the soil
below the driveway, mitigating potential concerns over erosion.
The proposed location of a walkout structure on the Gronberg survey is well situated to minimize
required grading and take advantage of the steady and gradual slope above the bluff line and to
position the rear wall of the foundation just above the stable "shelf' created by the construction of a
driveway bed more than a century ago. Per the Gronberg survey, only minimal grading will be required
on the sides of the structure, and virtually no grading will be required in the front or rear of the structure.
Given the unique contour created by the construction of the driveway bed, positioning the structure
further away from the bluff zone may actually create a greater potential for erosion of soil above the
driveway bed. Positioning the structure immediately above the driveway bed "shelP' appears to be the
most stable position for a structure near the allowed building envelope in the Gronberg survey. Having
a relatively flat and demonstrably stable 15 foot wide area immediately behind the proposed structure
alleviates concems over erosion immediately behind the structure.
Additional factors mitigate the concern for erosion from the proposed structure on the Gronberg survey:
(i) the slope of the hill immediately below the top of the bluff line near the location of the proposed
structure is significantly less than the 30% slope threshold marginally found in areas near the wetland
that cause this to be defined as a bluff, (ii) the area at the bottom of the bluff, often a concern for
lakeshore bluff management, is not at risk for erosion from waves, ice or even standing water, as a
result of thickly developed_vegetation throughout the wetland area.
Recommendations:
The survey shows that the basement floor is planned for elevation 981 feet. Assuming the footings will
be about 4 feet lower for frost cover indicates a required depth of excavation to about 977 feet for
footing placement, and refilling to 981 feet.
The survey also indicates that about a dozen trees will require removal for the house foundation. It is
recommended that these trees and their root systems be completely removed and the resultant
openings backfilled with lean clay developed from the basement excavation. The lean clay should be
spread in half foot lifts and compacted to 95 percent of maximum density up to the planned walkout
grade of the rear yard (allowing for surface topsoil). When the walkout area has been raised to its
planned grade, the rear footing line should be re-dug through the compacted fill to footing grade.
All excavations will require silt fencing to prevent down slope erosion protection. The rear yard fill in the
walkout area should be immediately protected after excavation, with commercial netting and straw.
Your engineer and surveyor should design all runoff discharge from the new house, yards, walks and
driveways. The use of rain gardens or small retention ponds is recommended, and can be readily
designed for one or both sides of the proposed structure with minimal grading.
With careful attention to slope protection during and after construction, it is my opinion that existing
soils at this site have sufficient stabi(ity to allow construction of a home at the site indicated on the
Gronberg and Associates survey without the risk of any material soil erosion.
I hereb cert' that this re ort was re ared b me �►s��r�, ,;f i f 1�;;t '
Y �Y p P P Y .� , �• . �• ^�t �,
� and that I am a duly Licensed Professional Engineer ,�����;,'���'�����r�� �,s��;,q�`�:���'�.'��
� under the laws of the State of Minnesota. ;��;�° °��% ���° '.��y=
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� Carl E. Anderson, P. E., P. G. � ',,�"�`•'�..��''���.` '•���`'°••°�..."����:`�
Registration Number 10736 `��;����y���`� '�.,�F�`N�,.�
PC Exhibit C
. = BOI-TON 8� M �N K , I NC�
. Consuiting Engineers & Surveyors
" 2638 Shadow Lane,Suite 200•Chaska, MN 55318-1172
Phone(952)448-8838•Fax(952)448-8805
www.bolton-menk.com .
May 14,2012 �
City of Orono
Attn:Mike Gaffron '
PO Box 66
Orono,Mn 55323
RE: Land Use Application 12-3547
House Construction
790 Brown Road North/PID 34-115-23-11-0003
Engineering Review#2
Deaz Mike:
r.. ,.
As requested,we have reviewed the Engineering Field Report by Carl Anderson,dated Apri130,2012,
and the updated Variance Request,dated May 9,2012,regarding the proposed Land Use Application for
the vacant lot at 790 Brown Road North.
Traditionally,the City has not considered information such as the slope stability analysis that has been
provided by the applicant when reviewing proposed encroachments into slope setbacks as defined by City
Code. This is because even with the technical information that has been provided,slope stability can still
not be guaranteed. It is my understanding that the City has past examples where extreme weather events
have led to the failure of slopes that were believed to be stable. This uncertainty is just one of the reasons
' `the City has adopted the slope setbacks that have been enforced on other proposed projects. With that
understanding,we offer the following comments in addition to the information we have submitted
previously for your consideration:
,;
1. The proposed location of the walkout structure is located to minimize grading and potential
� erosion. Positioning the structure immediately above the existing driveway bed provides the most
y stable location with regard to the downhill slope.
. 2. If the lot is detern-rined buoldable,the following items should be considered to prevent down slope
erosion: �
a. Silt fence should�be placed at the downhill edge of the old driveway bed prior to any
work,including tree removal.
b. Disturbed slopes should be seeded and protected with erosion control blanket
immediately after grading is complete. Sodding is also acceptable.
c. All runoff from the new house,yards,walks and driveways should be reviewed for
potential erosion issues due to point dischazges. The use of rain gardens to collect the
new runoff is recommended to limit the peak runoff rates,disperse point discharges, and
prevent erosion. �R:�
• • 790 Brown Road North, Orono,MN
� March 6,2012
Page 2
Please contact me if you have any questions or need additional information.
Sincerely,
BOLTON&MENK,INC.
�� � ��
David P.Martini
Principal Engineer
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c1 LEGAL DESCRIPTION OF PREMISES: . � �'
Tract F, Registered Land Survey No., 1275, files of Registrar of Titles, Henn
i� � � �- .
� �� This survey intends to show the bounderies of the atiove described property
the location of the existing 6uilding setback area currently in effect for this Ti
and the location of an existina shed thPrPnn thP n H W IinP fnr I nnn 1 akA �
PC Exhibit E
NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Keiley Parkway ZONING FILE: 12-3547
PO Box 66
Crystal Bay,MN 55323
952.249.4620 DATE OF NOTICE: 21 March 2012
TO: John & Phoebe Stavig COPIES:
780 Brown Road N
Long Lake, MN 55356
TYPE OF REQUEST: Variances
DATE OF MEETING: 19 March 2012
The Orono Rlanning Commission voted on a motion to recommend tabling your request until the April .
16th Planning Commission meeting to allow for potential exploration of slope stability and consideration �
for plan revisions.
Revised plans and information,if applicable,should be submitted by noon on April 2"d in order for �
staff review and consideration prior to the Apri116th meeting.
VOTE: 6 FOR 0 AGAINST
Applicant's next meeting is tentatively scheduled as: Apri) 16,2012
This is a Planning Commission meeting. The meeting begins at 6:30 PM
If you desire certified copies of the official Planning Commission minutes,they are available from the
City Clerk after review and approval by the Planning Commission. If you have questions, please contact
Assistant City Administrator, Mike Gaffron at m�affron@ci.orono.mn.us or 952.249.4622.
.,, .
. PC Exhibit F '
� O�
O ��. O CITY of ORUNU
a��� Municipal Offices
����
� ; �.;�. �r Street Address: Mailing Address:
"�'�� � �� � ,�,�' 2750 Kelley Parkway P.O:Box 66
,�G Orono,MN 55356 Crystal Bay,MN 55323-0066
��kESH�g
21 March 2012 �
John & Phoebe Stavig
780 Brown Road N
Long Lake, MN 55356
SUBJECT: Zoning Application#12-3547
On February 22, 2012 the City of Orono considered your land use application for property at 790 Brown
Road N (PID 34-118-23-110-0003) complete. Your application was'first heard and tabled by the Orono
Planning Commission on March 19, 2012. The application will not have an opportunity for final City Council
review prior to the initial 60-day review period expiration. .
This letter is your notification that the City is extending the time period for City action on application 12-3547
under Minn.Stat. § 15.99,subd. 3(f). The time period for action on this application is extended until June 21,
2012.
� Please contact Mike Gaffron at 952.249.4622 or mgaffron@ci.orono.mn.us if you have questions on this
matter. Please note, after today I will be out on maternity leave; you may contact either Christine
Mattson at 952.249.4620 or Mike Gaffron at 952.249.4622 in my absence.
Sincerely,
City of Orono
�
�����`�C�
Melanie Curtis
Planning&Zoning Coordinator
' Telephone(952)249-4600 •Fax(952)249-4616
www.ci.orono.mn.us
, PC Exhibit G
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
-�.
Curtis stated her underst ing of the concern was the appearance of the homes. Th application tonight
is for a conditional use permi o conduct grading on the site and that the City doe ot have landscaping �
requirements for single-family es. Curtis indicated she is not awaze whe r the applicant has spoken
with the neighbors regarding the ap ication.
Holmers indicated he does not have a colo endering of the pro ed homes but that they will be cottage
style homes.
Schoenzeit asked what landscaping is being contem ed.
Holmers indicated they will attempt to save many trees ossible but that they have to accommodate
a pond for the drainage. Holmers indic he does not have a al landscaping plan at this time.
Schoenzeit noted the applicatio 's for a conditional use permit and th the applicant is allowed to use his
property as allowed under s e statute. Schoenzeit noted the Planning c mission needs to ensure that
all the conditions are m or a conditional use permit.
Landgraver mo d,Leskinen seconded,to recommend approval of Applica n#12-3546,Todd
Holmers on alf of Sandy Beach,LLC,1545 Maple Place,granting of a con 'onal use permit,
� subject to onditions of City Staff and the City Engineer.VOTE: Ayes 6,Nays 0.
. �
! ; 4. #12-3547 JOHN&PHOEBE STAVIG,790 BROWN ROAD NORTH,VARIANCES,7:14
�•� P.M.-8:04 P.M.
John Stavig,Applicant,was present.
Curtis stated the applicant is requesting bluff setback,average lakeshore setback,and a rear/street setback
variance in order to construct a home on an undeveloped property. A variance to build within the bluff
impact zone is also being requested.
The applicant is requesting the following variances:
1. An average lakeshore setback variance. The location of thee average lakeshore setback line for
this property is difficult to ascertain as the property exists on a partial point and the northerly
adjacent lakeshore home is significantly behind this property in orientation. The result when -
using the closest lakewazd point of the home to the south places the average lakeshore setback
line completely off of the subject property. When using the point of the southerly home closest
to,or more impacted by,the subject property places the average lakeshore setback line within the
required 50-foot rear setback. Either of the lines results in the subject lot having no conforming
buildable area with respect to the average lakeshore setback. A variance may be requested.
2. A blufF setback variance. The applicant is requesting a 15-foot variance to allow construction of
the home 15 feet from the top of bluff where a 30-foot setback is required. Additionally,the
proposal would place the home five feet into the required 20-foot bluff impact zone as well. The
applicant's proposal includes a"possible"lower garage beneath the upper main garage.
Page 7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m. ,
� 3. A variance to encroach into the bluff impact zone with structure or grading. A setback variance
to allow the home/structure up to 25 feet from the rear property line. The proposal includes a 20-
foot variance to allow a setback from the reaz or street lot line of 30 feet where a 50-foot setback
is normally required.
The subject property was platted in 1969 as part of RLS 1275 and has remained undeveloped. A bluff
area exists on the property and combined with the 50-foot rear setback requirement results in a limited
� legal building envelope. In order to prepare the property for sale,the applicant is requesting bluff
setback,average lakeshore setback, and rear/street setback variances to create a more reasonable building
pad. A variance to allow structure within the 20-foot bluff impact zone is also requested.
Protection and preservation of bluff areas within Orono has been a key aspect of our Shoreland
regulations since our adoption of the DNR shoreland rules in 1992. The bluff impact zone and bluff
setback requirement are meant to limit potential negative impacts to the bluff and the vegetation which
stabilizes the bluff from slump,erosion,and slope failure. Encroachments into the sensitive areas
increase the potential�for irreversible damage to occur. The applicant's potential lower gazage azea would
require additional grading and potentially greater impacts to the area adjacent to the home. At a
minimum, staff would suggest the lower garage be eliminated from the plan. Regarding bluff areas in
general, it is Staff's position that in particularly new construction situations, all bluff setbacks should be
met and variances should not be granted.
In order to meet the required bluff setback,the home footprint may need to be reduced and/or moved
closer to the street. The proposal is for a 2,354 square foot home and garage footprint. City Code states
that each developed lot shall be allowed at least 1,500 squaze feet of principal structure(including
garage). It is possible that a combination of a greater variance to the rear setback, combined with a �
reduction in the proposed footprint to 1,500 square feet,would result in elimination of the bluff variances.
Staff recommends approval of the average lakeshore setback variance if the Planning Commission
determines the existing lake views from the home at 800 Brown Road North will not be encroached upon
by a home on the subject properly,and approval of a setback variance to allow the home/structure up to
25 feet from the rear property line. Staff recommends denial of the bluff setback variance and denial of
the variance to encroach into the bluff impact zone with structure or grading. In addition, Staff suggests
the Planning Commission consider recommending a reduction of the total footprint of the home from
2,354 square feet to a footprint closer to 1,500 square feet.
Thiesse asked if the property that is being used for the average lakeshore setback has property on the lake.
Curtis indicated in order for that property to be considered as it relates to the average lakeshore setback,it
. would need to.
Thiesse commented that the survey does not appear to depict that.
Curtis pointed out it is an L-shaped lot.
Thiesse asked if the fact that it is an L-shaped lot is the only reason why it is being included in the
determination of the average lakeshore setback.
Page 8
. MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
Curtis illustrated the location of the home and the second piece of the property. Under the definition in
� the code,it would.be called an adjacent lakeshore lot. Curtis stated that is the reason why Staff is
� . � . recommending approval of the average lakeshore setback variance.
Schoenzeit asked for some background on the bluff regulations.
Gaffron stated prior to 1992,the City did not have an ordinance that protected bluffs but they did have
some subdivision regulations that define the dry buildable azea of the property to exclude slopes that are
in excess of 18 percent,which are still in place but razely used. This is an existing lot of record and is a
situation that the City does not encounter often.
Gaffron indicated the City has had a couple of situations on North Shore Drive and Tonkawood Road
where the City expected the properties, when they were being rebuilt,to meet all the required setbacks as
much as possible. The bluff impact zone,which is the first 20 feet from the top of the bluff,is an area
that should not be violated with any vegetation removal. The next 10-foot area constitutes a bluff
"�' setback,and grading within that area is not as critical. The DNR opposes all development'in the bluff
impact zone since it may contribute to destabilization of the bluff. Gaffron noted the City had a situation
two summers ago that involved a bluff on North Shore Drive that experienced catastrophic failure and it
took quite a bit of engineering to reconstruct the slope.
Gaffron indicated this specific site meets the criteria of a bluff. There have been some discussions about
whether the entire width of the properiy should be considered a bluff. The applicant's engineer has
outlined the areas he feels should be defined as a bluff. To determine the top of the bluff,Staff bases it on
the point where the slope changes from greater to 18 percent to less than 18 percent. Gaffron stated in his
view this is clearly a bluff and should be subject to all the applicable regulations.
Landgraver noted there is an old driveway bed and asked how that factors into this situation. Landgaver
asked whether the Planning Commission should ignore the driveway bed.
Gaffron stated as it relates to the top of the bluff as defined on Exhibit L2,it is at the lakeshore side of the
old driveway bed. From Staff s perspective,the driveway bed does not change the stability of the slope
and does not have an impact on the way the top of the bluff is determined. �
John Stavig,Applicant,stated they purchased both of the lots in 2002,with the long-term intention of
eventually selling off this lot. Stavig indicated they aze attempting to get approval for what they feel is a
realistic and reasonable proposal to construct a modest house on this lot. The lot is slightly over two
acres.
Stavig indicated at one time the City would have allowed building down to the 75-foot setback line.
Stavig stated they have paid property taxes on the area included in the bluff. Stavig stated the assessed
market valuation for the properiy is$585,000,which is a decrease from$720,000,and we are now being
told the lot cannot support much more than a garage or a trailer. Stavig reiterated that in his view this is a
reasonable proposaL Staff has been very responsive to our questions and we are hopefully we can come
to a reasonable solution.
Stavig noted the driveway bed was completely left out of Staff's report,which is an important.
consideration in his view. The driveway bed is at least 102 years old and was originally constructed
sometime between 1870 and 1910. There is no erosion whatsoever in that area. The lot itself clearly is
Page 9
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
, � much steeper on one side,which is a bluff area,but the other areas of the lot appear to be at a lower level
in terms of the severity of the slope and could be constructed upon. Virlually no grading would be
required on the sides of the lot.
-Stavig indicated they have attempted to propose as small of a house as possible in keeping with the
character of the neighborhood. In his view the driveway bed is a structure. According to City Code
under the definition of a structure,the driveway bed would meet those criteria. Stavig stated they aze
proposing something that would leave the driveway bed. Their proposal is very reasonable,especially
since there are no hardcover issues, septic issues or side lot issues. Stavig noted this lot was buildable
back in 1969 and that they are hoping for a reasonable resolution.
Schoenzeit asked how the applicant's plans would be impacted if the area is determined to be a bluff:
Schoenzeit commented the Planning Commission does not see a lot of bluff situations in Orono so their
experience with them is minimal. Schoenzeit noted there have been other government agencies making
comments on this application encouraging the City to enforce the existing codes.
Stavig stated if it is determined a bluff,he would argue that the driveway bed should be considered a
structure under Section 78.1.
Schoenzeit stated to his understanding a structure has to be six feet off the ground. �
Stavig stated a structure is an edifice or building of any kind,which he would argue that it is, or any piece
of work artificially built up or composed of parts joined together in some definite manner which requires
a location on,below or above the ground,land or water,or attached to something having a location on the
ground, land, or water.
Thiesse stated he would prefer to defer determination of whether the driveway bed should be considered a
structure to later if that becomes necessary. If the roadway is determined to be structure,it would need to
be removed prior to a house being constructed on the lot.
Schoenzeit noted the applicant would be over on structural coverage if the driveway bed is considered
structure.
Stavig sta.ted if it is determined to be a bluff,he would argue that a nonconforming structure exists on the
property and he would attempt to push the property setbacks further back toward the bay.
Levang asked why the applicant stated that all the code would allow would be a trailer or a garage when
the applicant is proposing a structure that is 1,500 square feet.
Stavig stated he has paid approximately$200,000 in properly taxes on this lot, and that his comment was
in response to a comment by Staff. There are variances being considered to allow the structure to be
closer to the cul-de-sac,which would make it out of character with the neighborhood and would be less
appealing to some of the immediate neighbors.
Gaf&on stated on Exhibit L2,the hashed area is an area that is left over if all the setbacks are met,which
results in a fairly skinny azea. Gaffron stated he would not be surprised if it was commented on by Staff
as being an area that a trailer could fit into. �
Page
10
MINUTES OF THE "
ORONO PLANNING CODZNIISSION MEETING
Monday,March 19,2012
, 6:30 o'clock p.m.
Schoenzeit commented the Planning Commission would like to work with the applicant. Schoenzeit . �
asked if a variance is granted to the cul-de-sac,what the updated buildable area would be.
Curtis stated if the house is moved further back and complies with the reaz setback and bluff setback,he
would be left with a 29-foot depth.
Gaffron stated they calculated it at approxirnately 3,500 or 3,700 square feet but that it would be in a
strange configuration. Gaffron illustrated on Exhibit L2 that if the 30-foot setback from the west is
extended 20 feet closer to the road to meet a 30-foot or a 25-foot setback,it would leave an area of
roughly 3,700 square feet.
Schoenzeit commented it appears that a building would fit into that area.
Stavig noted they are requesting a 25-foot setback in the front and that the 1,500 square feet would also
include a garage.
-..��� F- •
Schoenzeit commented there appears to be a building envelope available to the applicant that would meet
the bluff setbacks.
Stavig stated the house would be 700 to 800 square feet because the 1,500 square feet would also include
a garage.
Schoenzeit sta.ted the building envelope would be 3,700 square feet if there is a variance to the cul-de-sac.
Thiesse commented a 1,500 square foot house would be out of character for the neighborhood and noted
that this lot was originally developed and approved for construction. Thiesse stated Exhibit L1 shows that
the applicant is being penalized by the 40 percent. Thiesse noted it is an established tree line bluff.
Gaffron stated Staff is going to take the lower point of the 50-foot segment that is less than 18 percent
versus one that is over 18 percent. The top of the bluff is at 978',which is below the driveway. You have
steeper slopes as you go closer to the shoreline and then a flat area. The bottom of the bluff is down at the �
shoreline and not 20 or 30 feet in where it is fairly flat. Gaffron stated the survey shows that the top of
the bluff pretty much follows the lakeside of the driveway bed and that in his opinion the applicant is not
'being penalized. �
Thiesse commented this is a unique situation and asked if any of the catastrophic bluff failures were in a
well defined mature tree bluff or a graded area.
Gaffron stated in one case there was a catastrophic failure that happened on the properiy next door first
and then they constructed retaining walls. In that case the house was required to be constructed 30 feet
from the bluff,so it did not contribute to that bluff failure. Most of the failures have been rebuilt
residences on bluffs. There was also a catastrophic failure on:the north side of Long Lake approximately
• seven or eight years ago where there was an existing house that was rebuilt using the same footprint.
Gaffron noted there is no existing footprint in this situation.
Thiesse stated the old roadbed means something to him,and asked if the applicant hires an engineer that
conducts a global stability check,whether that would help.
Page
11
NIII�TUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
Gaffron stated there is nothing in City Code that provides for that type of analysis. If the Planning
Commission would like to consider that,that is a subjective process to deal with objective facts and could
perhaps insert some more objectivity into the process. Gaffron stated that is a decision the Planning
" Commission would have to make.
Stavig stated they would be constructing above where the driveway bed is and that there has been no
movement in that area for over 100 years.
Schoenzeit commented the additional information might be helpful to the Planning Commission.
Chair Schoenzeit opened the public hearing at 7:45 p.m.
There were no public comments regarding this application.
Chair Schoenzeit closed the public hearing at 7:45 p.m.
Schoenzeit stated Staff's recommendations follow along very nicely with City Code,but that he would
recommend tabling the application and perhaps collecting some further information regarding the nature
and stability of the bluff,which would perhaps allow the granting of a variance.
Thiesse stated he does not want the applicant to incur additional expenses if this application is not going
to be approved. Thiesse commented he does not want to go against Staff s recommendations but pointed
out that the majority of the bluff setback requirements relate to maintaining slope stability. Thiesse stated
this situation is unique and that in his view slope stability is not an issue.
Levang stated she is hesitant to go against the recommendation of the DNR.
Thiesse asked why she is hesitant to go against that recommendation if the applicant can prove slope
stability is not an issue. •
Landgraver commented it is a unique and mitigating factor,but fundamentally you hesitate to open the
door to unique and mitigating factor on bluffs. Landgraver stated in his view all bluff areas will have
extenuating circumstances and that he is reluctant to table it to allow the applicant to compile additional
information on whether the driveway provides some stability to the slope.
Leskinen indicated she is in agreement with Commissioner Landgraver and that she would be very
hesitant to a11ow anything to encroach into the bluff setback zone. Leskinen stated the applicant could
decide on his own to obtain additional information prior to the City Council meeting,but that she would
not be willing to recommend the applicant obtain that information.
Thiesse stated that is where he is having difficulty since it is a one-size fits all,and pointed out the reason
for`the line being placed there is to maintain the slope stability. If someone can prove that the line is ••
actually in a different spot,then it would not be a bad idea for the applicant to obtain that information.
The applicant purchased a piece of property that was deemed to be buildable but that it is not buildable to
the standards of that neighborhood.
Page
12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
Levang commented she understarids the applicant's desire to construct a home on that lot but that the
" Planning Commission has a responsibility to ensure the City codes and ordinances aze adhered to.
Levang commented she does not get the impression the applicant is flexible on this application.
Stavig stated in his view the proposal they attempted to put forward a proposal that is very flexible. The
driveway bed defines the top of the bluff and the flat area of at least 15 feet has stood still for over a
century. Their proposal is to stay behind that and go further forward to make sure that no erosion issues
are created. Stavig commented he hopes that is a flexible approach since it is not where they would like
to locate the house.
Stavig noted there have been bluff setback variances granted previously in Orono and that in his view this
is a reasonable request. The top of the bluff as defined by the roadbed is flat for 15 feet and they will stay
behind that. Stavig stated the other adjoining lot also has bluff areas that they have maintained over the �
years. Stavig stated in his opinion their proposal is within the spirit of the regulation,which is not to
erode the bluff. The area is marginally a bluff and is defined by the roadbed. They aze placing the house
in a different area out of respect for the bluff. ��
Levang asked whether they would be willing to downsize the house.
Stavig stated downsizing the house would require it to be two-story,which would be out of character of
- the neighborhood. Staff has rejected that. Stavig stated they have also attempted to ask for as few
variances as possible. If erosion is the concern, Stavig indicated he is not sure how their proposal would
impact that since the driveway bed has existed for over a century.
Leskinen asked if the City can grant a bluff setback variance if the DNR recommends denial.
Gaffron stated the City can still grant a variance since it is merely a recommendation from the DNR.
Curtis commented typically the DNR will say they do not oppose it or the City will receive no comment
back. Every application for a variance in the shoreline is under the DNR's review and they generally do
not comment on the majority of them.
Stavig asked whether there have been some approved in the past. Stavig stated it is his understanding the
City granted one in 2006.
Gaf&on stated Staff has not done a complete analysis of how many bluff setback variances have been
granted. Gaffron stated there likely have been some variances granted to allow a rebuild,but that he does
not recall any that were granted to a vacant lot.
Curtis noted the 2006 application was a rebuild.
Landgraver stated he does not have the ability to opine on stability of slopes,but by the sazne token;the �,,.� .
applicant has proposed a smaller footprint house close to the edge of the street,which is out of character
with the neighborhood and that he is not sure if the neighbors have had a chance to consider this
application. Landgraver indicated he is leaning towards tabling the application for the applicant to
consider obtaining the additional information,which is another expense that he would incur with no
guarantee of results.
Page
13
MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,March 19,2012
6:30 o'clock p.m.
Schwingler stated they Planning Commission does look at these on a case-by-case basis and that this is a
unique situation. Under Code the applicant has practical use of the property and that he has a 100-plus
year old driveway that has not had any issues. Schwingler commented he would hate to send the
applicant on an expensive goose chase.
Schoenzeit stated it appears from the discussion that if the roadway is stable,that might influence the
Planning Commission. There appears to be some support on the Commission for obtaining additional
information on the stability of the slope,and the applicant has the choice to have the Planning
Commission table it or vote on the application. Schoenzeit stated there may be some value in putting
some science behind the stability of the bluff and the practical difficulties of the lot.
. Sta.vig indicated he is willing to look into that.
Schoenzeit commented it is a complicated endeavor to construct a house on a unique piece of property
and that unfortunately some properties do require additional expense. Schoenzeit asked whether the
� applicant would like his application tabled since it is unlikely the application would be approved.
Levang noted the applicant also has the option to have the Planning Commission vote on his application
and then go before the City Council.
Stavig indicated he would like his application tabled.
Curtis stated if the application is tabled tonight,the application would be back before the Planning
commission in April if the additional information is submitted on time.
Schoenzeit moved,Levang seconded,to table Application#12-3547,John and Phoebe Stavig,790
Brown Road North. VOTE: Ayes 6,Nays 0.
4.#12-3548 ORONO SCFIOOL DISTRICT,685 OLD CRYSTAL BAY ROAD NORTH,
VARIANCES AND CONDITIONAL USE PERNIIT,8:04 P.M.-8:14 P.M. .
Curtis stated the applicant is requesting approval in order to construct an open-sided 924 square foot
pavilion with a 330 square foot open deck 20 feet from the delineated wetland edge,approval of two - ~
future 426 square foot observation platforms,and after-the-fact approval for three raised observation
platforms already constructed along a wood chip nature trail within the 150-foot lake setback and where a
50-foot wetland buffer and 20-foot structural setback is required. Conditional use permit approval is
required for permits as the school use is a CUP within the RR-1B zoning district.
Orono Schools recently received funding from the MCWD to construct walking trails with raised
observation platforms along the edge of the wetland surrounding Lake Classen,which is classified by the
DNR as a natural Environment lake. General development lakes such as Lake Minnetonka require a 75-
foot structural setback. Natural environment lakes require a 150-foot setback for structures.
Additionally,in order to further the school's environmental learning program,the applicant also requests
approvals to construct a 1,254 square foot open-sided pavilion or shelter adjacent to the wetland edge.
The platforms and the pavilion are shown within the 150-foot lake setback. The platforms were
constructed and installed over the fall. The applicant's narrative outlines the background of the
environmental learning program as well as their variance and CUP request in more detail.
Page
14
. PC Exhibit H ,
Date Application Received: 02/22/2012 ,
Date Application Considered as Complete:02/22/2012
60-Day Review Period Expires: 04/22/2012
To: Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
From: Melanie Curtis, Planning&Zoning Coordinator
Date: 9 March 2012
Subject: 12-3547,John & Phoebe Stavig, "790" Brown Road N/PID 34-118-23-11-0003
Variances
Public Hearing
�:;,
-----------------------------------------------------------------------------------
Zoning District: LR-1A,One Family Lakeshore Residential,2-acres/200'
Lot Area: 62,247 square feet(1.42 acres)
Lot Width: +360' at OHWL(944.3') &+356' at 75'setback�
Application Summary: The applicant is requesting bluff setback, average lakeshore setback and .
a rear/street setback variance in order to construct a home on an undeveloped property. A
variance to build within the bluff impact zone is also requested.
Sraff Recommendation: Planning Staff recommends the following:
1. Approval of an average lakeshore setback variance.
2. Denial of the blufF setback variance.
3. Denial of the variance to encroach into the bluff impact zone with structure or grading.
4. Approval of a setback variance to allow the home/structure up to 25 feet from the rear
property line.
5. The Planning Commission should consider recommending a reduction of the total
allowed footprint of the home from 2,354 square feet to a footprint closer to 1,500
square feet.
Pertinent Zoning Code Sections
• Sec.78-305.Area, height, lot width and yard requirements.
• Sec.78-1211. Definitions.
• Sec.78-1217. Classification of public waters.
• Sec.78-1279. Ptacement of structures on lots.
• Sec.78-1282. Driveways,stairways, lifts and landings.
• Sec.78-1403. Lot coverage.
Other Pertinent Code Sections
• Sec.82-86.Vested rights. �
FILE#12-3547 '
9 March 2012
Page 2 of 5
List of Exhibits
ExhibitA. Application
" Exhibit 8. Practical Difficulties Documentation Form
Exhibit C. Applicant's Narrative
Exhibit D. Proposed Survey
Exhibit E. Partial Survey- Buildable Envelope _ �
Exhibit F. Submitted Hardcover Calculations
Exhibit G. Average Setback Aerial Views
Exhibit H. MN DNR Comments �
Exhibit 1. City Engineer Memo
ExhibitJ. Sewer Availability Memo
Exhibit K. City Code Excerpts
Exhibit L. Staff Bluff Analysis(confirming surveyor analysis)
Exhibit M. Property Owners List
Exhibit N. Plat Map
Background
The subject property was platted in 1969 as part of RLS 1275 and has remained undeveloped. A ., ,�
bluff area exists on the property and combined with the 50-foot rear setback requirement
results in a limited legal building envelope (±5' x 120'). In order to prepare the property for sale
' the applicant is requesting bluff setback, average lakeshore setback, and rear/street setback
variances to create a more reasonable building pad. A variance to allow structure within the 20-
foot bluff impact zone is also requested.
The neighborhood was served with City sewer in 2004. This property wasn't assessed for sewer
or provided with a sewer stub as part of the 2004 project. If developed, the property will need
to connect to sewer. In addition to the cost to install a sewer stub and connect to the lot, a
connection charge of$8,250(based on the 2012 Fee Schedule)would be due.
------------------------------------------------------------------------------------
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-1A Lot Area Lot Width
Required 87,120 s.f. (2 acres) � � 200' �
+360' at OHWL
Actual 62,247 s.f. (1.42 acres) +356'at 75'setback
Setbacks•
LR-1A Required Proposed
Street/Rear 50' 30'
North Side 30' 30'
South Side 30' � 30'
Lakeshore 75' 120'
Top of Bluff 30' 15'
Bluff Impact Zone 20' S'
Average Lakeshore Nearly the entire property is ahead of the average lakeshore
setbackline.
• FILE#12-3547
9 March 2012
Page 3 of 5
Structural Covera�e:
Total Lot Area Total Structural Coverage
62,247 square feet(1.42 acres) Allowed: 9,337 s.f. (15%) .
Proposed: 2,418 s.f. (3.8%)
Hardcover Calculations:
Hardcover Zone Total Area in Zone Allowed Hardcover Proposed Hardcover
0—75 35,076 s.f. 0 s.f 0 s.f.*
(0%) (0%)
75—250 6,792.7 s.f. 3,334 s.f.
27,171 s.f. (25%) (12.2%)
* Although none is proposed, a stairway would be permitted for access to a dock according to
City Code Section 78-1282.
------------------------------------------------------------------------------------
Rear/Street Yard Setback Variance �
The proposal includes a 20-foot variance to allow a setback from the reac or street lot line of 30
feet where a 50-foot setback is normally required.
Bluff Impact Zone and Bluff Setback Variance '
The applicant requests a 15-foot variance to allow construction of the home 15 feet from the
top of bluff where a 30-foot setback is required. Additionally, the proposal would place the
home five (5) feet into the required 20-foot bluff impact zone as well. The applicant's proposal
includes a "possible" lower garage beneath the upper main garage.
Average Lakeshore Setback Variance
The location of the average.lakeshore setback line for this property is difficult to ascertain as the
property exists on a partial point and the northerly adjacent lakeshore home is significantly
"behind" this property in orientation. The result when using the closest lakeward point of the
home to the south places the average lakeshore setback line completely off of the subject
property; when using the point of the southerly home closest to, or most "impacted by", the
subject property places the average lakeshore setback line within the required 50-foot rear
setback. Either of the lines result in the subject lot having no conforming buildable area with
respect to the average lakeshore setback.A variance may be requested from City Council or City
Code Section 78-1279(6)(a) provides an administrative approval option should each affected '
neighbor provide written approval ofthe plan.
Practical Difficulties Statement
The applicant has completed the Practical Difficulties Documentation Form attached as Exhibit
B, and should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
In considering applications for variance, the Planning Commission shall consider the effect of
the proposed variance upon the health, safety and welfare of the community, existing and
anticipated rra�c conditions, light and air, danger of fire, risk to the public safety, and the
effect on va/ues of property in the surrounding area. The P/anning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in
FILE#12-3547 '
9 March 2012
Page 4 of 5
instances where their strict enforcement wou/d cause practica/ di�culties because of
circumstances unigue to the individual property under consideration, and shall recommend
approva/only when it is demonstrated that such actions will be in keeping with the spirit and
intent of the Orono Zoning Code.
Discussion
The subject property was platted in 1969 and has remained vacant and owned by the adjacent,
adjoining property owner for the most part. City Code Section 82-86 protects a subdivision for
up to two years following final plat approval from changes to the comprehensive plan or zoning
controls to affect the use, density, lost size, etc. This period may be extended by the City,
however after this time period changes to the comprehensive plan and codes shall apply to all
properties.
Regarding the average lakeshore setback, the code offers the property owner the option to
pursue administrative relief provided the neighbors provide written approval. If the written
approval is not an option for whatever reason, staff finds the City may grant a variance citing
practical difficulties.
Protection and �preservation of bluff areas within Orono has been a key aspect of our Shoreland
regulations since our adoption of the DNR shoreland rules in 1992. The bluff impact zone (20')
and bluff setback requirement (30') are meant to limit potential negative impacts to the bluff
and the vegetation which stabilizes the bluff from slump, erosion and slope failure.
Encroachments into the sensitive areas increase the potential for irreversible damage to occur.
The applicant's potential lower garage area would require additional grading and potentially
greater impacts to the area adjacent to the home. At a minimum staff would suggest the lower
garage be eliminated from the plan. Regarding bluff areas in general it is stafF's position that,
particularly in new construction situations, all bluff setbacks should be met, and variances
should not be granted.
The private road serving this neighborhood is approximately 20 feet in width and does not have
a full, 80-foot diameter paved cul-de-sac at the end as would be required today. The road
basically ends at the driveways of the three end homes. The proposed 20-foot encroachment
into the rear setback may not appear to be as significant as if a paved cul-de-sac existed. The
five existing homes along this private road each meet the required 50-foot street setback �
requirement;the Planning Commission should determine whether granting a variance to allow a
30-foot setback is out of character with the immediate neighborhood.
In order to meet the required bluff setback the home footprint may need to be reduced and/or
moved closer to the street. The proposal is for a 2,354 square foot home and garage footprint.
City Code Section 78-1403 states that each developed lot shall be allowed at least 1,500 square
feet of principal structure (including garage). Perhaps combination of a greater variance to the
rear setback combined with a reduction in the proposed footprint to 1,500 square feet would
result in elimination of the bluff variances...
Further, the applicant's assertion that the property has been taxed as a "buildable lot" should
have no bearing on the Planning Commission's review of the zoning related issues associated
with this application.
� FILE#12-3547
9 March 2012
Page 5 of 5
�
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. Should variances be granted, are there methods to further protect the bluff area
from homeowner impacts which in the future could cause stabilization issues for
the slope? Easements, covenants, etc?
5. Are there any other issues or concerns with this application?
Staff Recommendation
Planning Staff recommends the following:
1. Approval of an average lakeshore setback variance if the Planning Commission
determines the existing lake views from the home at 800 Brown Road N will not be
- encroached upon by a home on the subject property. Alternatively, the applicant has
i';....
` ` the option to pursue an administrative average lakeshore setback variance"with written
approval from the owner at 800 Brown Road N.
2. Denial of the bluff setback variance. •
3. Denial of the variance to encroach into the bluff impact zone with structure or grading.
4. Approval of a setback variance to allow the home/structure up to 25 feet from the rear
property line.
5. The Planning Commission should consider recommending a reduction of the total
footprint of the home from 2,354 square feet to a footprint closer to 1,500 square feet.
' . PC Exhibit A
- C i ty of O ro n o
Variance Appfication d�- ���
, Street Address: Application# �
�Q� : 2750 Kelley Parkway Date Received: Z 'L
Orono, MN 55356 ��
0 0 ' � Staff: �
Main: 952-249-4600 Fee: $700
� �+ fax: 952-249-4616 Renewal: $350 •
��� �ti`5r MailingAddresss After-the-fact: $1,400 Double Fee
9��H��� � CrOystal Bay, MN 55323-0066 Escrow Fee: $600/$2,500
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
application. incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORM,�4TfON: ' ±'
Site Address: N��D $Q,�w tJ QoA�- Na2Ti+ (���-�SS uNP�Ss.6N��
Property Identification Number(PIN): ��/11� Z3110003
Date Property Acquired (month/year): L�T 1$ Yes, I own the adjacent parcel�'
Zoning District: L(�-�}� — 7�v N, 3Rowa Q.oh�D
—,3`I�� g z3 �1 000Z
APPLICANT INFORMATI�N: (Complete legal names and marital status required for each interested party)
Name: �aµa "�7 f- l'ft�?� N� 'r,td��
Phone (home): qSZ _ �./�7G- i��-� Phone (work): L�L- 'zS- Z�/gs
Complete Address: ��o ^I , 3lL,oW rJ (ZoPc�
City, State &ZIP oe�6 �P�KE M�1 5 ? G
EmaiL• T Y�6 �• �,e Fax: lZ- G2�1- ZoSL
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: ��t�t � �- i�1��t3E /Vt c��l��G
Phone (home): �s�.-Y��- �1'7'7 Phone (work): I z - �ZS- Z Y S
Complete Address: '7g� N _ 3Ro�wl �It� �
City, State & ZIP " oN�G L�kK� Ns� S L
Email: �Tk��� (e u�v►� - ��,e Fax: tZ.. - Z - Zo
DESCRIPTION OF REQUEST: � `�',.)p� �V�C��� �
Describe the request in detail (attach additional sheets if necessary):
RECEIVED 1� 2012
-�2- J
FEB 2 2 201 Z CI11�OF R
c�rnr nF oRONO
REQUIRED SUBMITTALS:
All of the following information must be subrnitted by the application deadline date in order for your
application to be processed.
o �
��. �.. ,
.,
� Escrow A reement si ned
,,,,• - Q .� �,
f�( � Pre-A lication Form �
, �.� „ „ �
� Practical Difficulties Documentation �
�_ 1' � � re;s
❑ Surve meefin ALL re uirements shown on a es 5- 6
� � - �.S
4
� Hardcover Calculation s
� � ! _,,� - � ¢ ;p
� Wetland Delineation
F g� t r �t� . �'8� �¢Z'� �`� - �
❑ Buifer Im rovement Plan
,� w
. t'
APPLICANT AND/OR OWNER: • �
•. Agree to provide all informatlon required or requested by the Planning Department,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses
incurred in review of this application, and •
• Certify that the information supplied is true and correcf to the best of his/her knowledge. The appficant and
owner recognize that they are solefy responsible for submitting a complete appficaEion being aware
that upon faiiure to do so, the staff has no alternative but to reject ft until it �is complete or to
recommend the request for denial of the request regardless of its poEential riierit. �
• 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 Clty Staff, consultants, agents, Commission and Council Members for purposes of
investigation and verificafion of thls request.
• Applicant and/or Owner acknowfedge they must be present at all scheduled review meetings of the
Planning Commission and Counci[. If an applicant and/or owner is unable to attend a scheduled meefing,
please make arrangements to have an authorized representafive attend in place of the applicant/owner and
advise the City Pfanner assigned to your project. - '
• Some or all of the information that you are asked to provide on this application is classified by State law as
either private or confidential. Private data is information which generally cannot be given to the public but can
be given to the subject of the data. Confidential data is information which generally cannot be given to either
the public or the subject of the data. Our purpose and intended use of this information is to annually update
our records and records of other governmental agencies required by law. If you refuse to supply the
information, the application may no e issued.
Applicant's Signature: � f - - Date: ( —/7 - /L �
• Appficant's Signature: Date: /_� � . �L
Owner's Signature: � /�� Date: /—/ � - � L
Owner's Signature: Date: / —/ 7 -/t
RECEIVED R CEIVED
fE6 22 2012 -13- q 1.8 2012
� • CITl( RONO
� CI�O�ORONO
• PC Exhibit B
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until fhis form is compiete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practicai difficulties be demonstrated in
order for a variance to be granted. The difflculties must be unique to the property as variances run with the fand
and not the land owner. Personal and economic sifuations are nof considered valid practical di�cu/fies. In order
for an appiication to be heard by the Planning Commission and Cify Council practical difficulties having merit must
be demonstrated.
HOW DO I PROVE A PRACTICAL DIFFICULTY7
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
Ifsted below and answer them as clearly as possfble.
Since you are requesting the code exception, you have the burden of provtng that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you
leave something out it will not be considered. �
Please address each of these difficulties criteria as they relafe fo ihe�requesf, if they do not apply, wrire N/A in the
space provided: .
1. "The property owner proposes to use the property in a reasonable manner not permltted by the Zoning
Chapter." � n' (
Eo.�,�cQ,..c�n.r� or 61(I�Ib�LC �/tM��.y ���v►E IN I�J,IENr��L f�-�/�
2. `The plight of the landowner is due to circumstances unique to his property not creafed by the landowner." .
PR•rEA.Tti 1/r�S �Ev��..�ED ItS 8u•�b/�.E L..i Tit�c�D �'Yr_ �.�ct�
A �F F.�/L �f� MrcAlL A�I�i ��.E Ta /ta�•n,N� P�EGut..E^.�rLw R.E�tMc�a�+
�E_S r1�T ('kfN� REA-�,��L. FadrPRwT ��(Z �'�sM�, �
3. `The variance,�granted, will not alter the essential character of fhe locality."
o�F Q� c�x �aRcE�-S _ �.,,.b-u��•a� i,� ��►71� TM( �l�cn��T L.�r
1�IkC �6E,�1 ANT����w�� �(L �EJE4��A�EaT' .
4. "Economic considerations alone do not consfitute practical difficulties if reasonable use for the property exists
� under the terms of the Zoning Chapter."
N �
5. "Practical difficulfies 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."
N Pt
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."
.� t- �r�,.� �� ��t N6uE Fk�+���/ F(-�M,�' J rJ ( � �a�M,� A A.
RECEIVED
� -�s- JAN 1.8 2012
CITY OF ORONO
7. "The Board or Council may permit as a variance the temporary use of a one family dweliing as a two-family �
dwelfing."
� �k
8. "The specfal conditions applying to the structure or land in quesfion are peculiar to such property or
immediately adjoining property."
b��+Arn�N �F ��c(�E� .,�6►.y N e,� - ��rn��► N��►v�
— � •> � N ♦�.�
9. 'The condifions do not apply generally to other land or structures in the district in which said land is located."
PR.oP�Ar� � VECLf-! tilN �1uL ItJ �Gt�[Z3�1 /�A1 a�►T'.ul�
10. 'The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
(Zoi�GlLTM 6 (�(�vL' $G�?N o�a .kN�. �� �T �
.
11. "The granting of the proposed variance will not in any way impair health, safeEy, comfort, morals, or in any
other respect be contrary to the intent of ihe Zoning Code."
r ?= E
12. "The granting of such variance wlll not merely serve as a convenience to the applicant, but is necessary to
alVeviate demonstrable difFiculty." . ' �
'�� c.r1�r� o� ✓/t2�ArNC.E (rbv.�.� 6� o u�v/f�EN i
j j�rK�r►{, o F r�/L��G-ttrrt ,
Practical Difficulties Statement
Should you feel the practical difficulfies cannot fully be described in the above criteria, describe the pracfical
difficulties prevenfing compliance with Zoning Ordinance requlrements in the following lines (attach additional
sheets if necessary);
/ i�ECEIVED
,
�16- JAN 1�.8 2012
' � � l ' CI�YY OF ORONO
. 6�
PC Exhibit C( ,
Description of Request
790 N. Brown Road
We are requesting approval for a reasonable building footprint on PID 34-118-23-11-003
(the "Lot) adjacent to our primary residence. The Lot was created in its current form in 1969 as
part of a single-family home subdivision and has been assessed and taxed at a rate equivalent
to buildable vacant lakeshore for more than forty years (see Exhibit A). It is a uniquely shaped
property on Long Lake with hills, wetlands and lakeshore. A combination of new regulations
since the Lot boundaries were established, some of which only marginally apply, has made the
buildable footprint extremely small and impractical to support the intended and approved use.
This creates a hardship consistent the Minnesota State Statute 462.357.
We are seeking approval of a variance request that meets the objectives of these new
regulations, while providing reasonable allowances for the unique circumstances to meet the
intended and approved use of the Lot. The proposed footprint and structure are modest in size
. (approx. 1,600 sf main level, plus garage), consistent with'the character of the neighborhood
and accommodate as well as possible the numerous new regulatory restrictions on this Lot.
The Lot is technically "buildable" despite current regulations and would not absolutely require a
variance. Being forced to build an extremely small, �shallow, tall, odd and irregular house(s)
within this extremely narrow and irregular footprint, however, would substantially alter the
essential character of the locality and negatively impact adjacent landowners.
The Lot and the relating subdivision was submitted and unanimously approved by the
Village of Orono Planning Commission on October 20, 1969. It was subsequently submitted and
unanimously approved by the Village of Orono Village Council on November 25, 1969. At the
time it was approved, the lot was in complete compliance with�the Municipal Code of Orono
adopted on January 1, 1968. The lot was a 2+ acre parcel developed for the sole purpose of
supporting a single-family home. The lone restrictions at the time were 30' side and 50'
front/back setbacks. Since its approval, the Lot has become subject to expanded Shoreland
Setback restrictions, Bluff Setback restrictions, Bluff Impact Zone restrictions and Average
Lakeshore Setback restrictions.
Since we acquired the property in 2002, this Lot has been categorized at "vacant-land
lakeshore" and taxed at a value that clearly implies an expectation for the placement of a
residential home on the property. Although the estimated market value for taxing purposes
has declined from a peak of $720,000 in 2007-08, the property continues to be taxed at a
market value of$585,000. In fact, today we received a notice from the City of Orono at 2750
Kelley Parkway informing us that the 2013 estimated market value for taxing purposes will
continue to be$585,000.
�
The allowable building footprint is primarily limited by the Bluff Setback and Bluff
Impact Zone restrictions. We believe these regulations are overly restrictive for this Lot and are
mitigated by the following:
i) Prior to the implementation of regulatory restrictions, the "Bluff Impact Zone" was
significantly improved and has not resulted in any erosion. This hillside area was
leveled for a driveway and cleared of all vegetation sometime between 1870 and
1910. As a result, this is very different from the typical situation of protecting
against erosion of undisturbed land. It is important to note that no material erosion
has occurred from this driveway bed in more than 100 years. The proposed building
footprint maintains at least a 15' setback from the downhill side of this driveway
bed. Precludin� anv buildin� in an area above an improved road bed that has a
slope of considerablv less than 30% seems inconsistent with the spirit and intent of
these re�ulations. '
ii) ;.;i No grading will be required at the rear of the proposed building footprint, and only a
minimal amount on each side as the natural grading of the proposed sight is ideally �
suited to a walkout basement.
iii) It is not clear that the 30%threshold definition of a "bluff" exists throughout the Lot.
Ambiguity in the definition and variations in the calculation of any "bluff' has
resulted in calculations that range from 28.9% to 31.2% by the surveyor of this Lot.
Differing lines can be drawn and varying calculations are possible based upon .
potential locations of a structure on the Lot. While the landowner reserves the right
to challenge the determination of whether a "bluff" exists, this proposal would
position the house nearly 135' from the lakeshore and 60' further from lakeshore
than if the 30% threshold were not met throughout the entirety of the Lot. The
proposed variance meets, and in many ways exceeds, the intent of the regulation for �
a Bluff Setback.
iv) In the area near the proposed building footprint, the degree of slope is significantly
less than the rest of the lot and well below the 30% threshold. City inspectors and
council members are encouraged to stand on the driveway bed and make their own
assessment. The city's own drawings depict a significantly lower slope near their
defined Top of Bluff.
v) This is a wooded hill protected from erosion by trees that will be maintained on the
hill to prevent erosion. No trees will be removed on or below the driveway bed.
We are also requesting a reduction of the Front Setback variance to 30'. The property is at
the end of a private wooded road and the proposed changes would not change the character of
the neighborhood. In fact, we are seeking approval of a significantly more restrictive set of
setback measurements than what exist for the adjacent property's tennis court.
This variance request meets the "practical difficulties" criteria consistent the Minnesota
State Statute 462.357:
■ We propose to use the Lot in a reasonable manner consistent with its intended and
approved use, which has been effectively prohibited by a combination of new zoning
ordinances.
■ Circumstances are unique to this Lot and were not created by the landowner.
■ Approval will not alter the essential character of the locality.
■ The special conditions that apply are peculiar to this Lot and do not generally apply to
other properties.
■ The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant, and is necessary to alleviate demonstrable
d ifficu Ity.
■ The proposed building footprint is in harmony with the intent of the broad range of
shoreland ordinances to preserve water quality, prevent ,erosion and protect the
sensitive resources. � �
There are no hardcover or septic concerns with this proposed variance. Sewer lines
were installed in this subdivision in 2004 and can be completed to serve this Lot (with
additional assessments), thereby eliminating any need for placement of a septic system.
Easement rights will also need to be granted to the adjacent 780 property as the line was
terminated on the vacant lot.
We are seeking to either market or build a new primary residence on this Lot. While we
recognize that "economic considerations alone do not constitute practical difficulties", the
denial of this variance and the cumulative effect of the excessive taxation on this Lot will force
� us to sell both of our lots. Upon purchasing this property in 2002 and throughout the nearly
ten-year period of ownership, we have understood that this was a "buildable" Lot. We have
been taxed at a sharply increasing rate consistent with this understanding and have received no
notification from any city, county or state officials to suggest otherwise. We believe that a
refusal by the city to allow a reasonable variance that takes into account the unique
circumstances of this Lot and abides by the intent of the regulations would result in a taking of
real property.
John & Phoebe Stavig
March 13, 2012
� �3
Exhibit A
Assessment Year Estimated Market Value
2001 $300,000
2002 $300,000
2003 $490,000
2004 $545,000
2005 $630,000
2006 $675,000
2007 $720,000
2008 $720,000
2009 $675,000
2010 $585,000
2011 � $585,000
2012 $585,000
a � PC Exhibit D I
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. ,Tp/�� p, r�AV'�� PC Exhibit F
Address: ��'� ��°��/� ���� � � Date:. 2�2Z�/L •
Prepared by: GROn!6°E�� f fi 1`�'Qe t.t T�'1'. iti'�• ' -
' HARDCOVER CALCULATION WORKSHEET �
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250'250-500' S00-1000' �
EXISTING HARDCOVER IN ZONE • •
A. House x = v S.F.
• Length Width
X = S.F.
. X = S.�.
B. Garage x = S.F.
C. Driveway x = ' S.F. •
x . ' = S.F.
D. Sidewalk x = S.F.
x . = S.F.
E. Patio/Deck x = ' S.F.
x = S.F. .
F. Landscape x = S.F. �
Underlain x = S.F.
By Plasfic . x . = S.F.
G. Retaining Walls x = S.F. � '
H.Other x � = S.F.
TOTAL HARDCOVER IN ZONE - C7 S.F. A ,
TOTAL PROPERTY AREA IN ZONE - 3S, �7� S.F. B
' q ' O + B 3S ��6' x100 = D %
PROPOSED HARDCOVER IN'ZONE(including exisfing harcicover tb be retained) '
A. House x = S.F. '
Length Width �
x = S.F. '
x = S.F.
B. Garage x •• = S.F.
C. Driveway _ x = S.F. �
x � = S.F.
• D. Sidewalk x ' = S.F. '
x = ' S.F.
E. Patio/Deck S' x = S.F.
X = S.F.
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
G. Retaining Walls x = S.F.
H.Other ,x = � S.F.
TOTAL HARDCOVER IN ZONE - C9 S.F. A
TOTAL PROPERTY AREA IN ZONE � ' - 3S�a76' S.F. B
q O ' = B JSr 07� x 100 = , • p % .
-21 -
. , j
�
4
.T"a�� �. ��--��r'i� 7'�� � .
z�z z/�Z . ��5�� <Z?,� .
HARDC4VER CALC.j1LQT10N WORKSHEET � �
SETBACKZONE: (CIRCE.E Of�E) 0-75' l�-zso� 2so'soa� �oo`�oQa�
EXISTING HARDCOVER IN ZONE . .
A. House 5�`� x = " � � / / � S.F.
L:ength . Widfh
X = S.�.
x - S.F.
B. Garage x = S.F.
C. Driveway x � • _ � � � S.F.
x � � = S.F. :
� D. Sidewalk x = � S.F.
� x ' _ . � S.F.
E, PatiolDec{c x = � S.F. �
x - - � S.F.
F. Landscape x � . = S.F. . .
Underiain x �,�, S.F.
� By Plastic x = S.F.
G. Retaining x = S.F.
Walls . ,.,. . �
H. Ofher x = S.F.
TOTAL HARDCOVER IN ZONE - � / g �/ S.F. A
TOTAL PROPERTY AREA IN Z�NE � - 27/7/ S.F. B
� A ig9 � { B z717( X�oo = o.�.� �ia
PRGPaSEf3 HARDCOVER IN.ZONE
A. House � x = � Z�5� . � S.F.
Length Width (
x = S.F. � c" ,
x = S.F. LL`9 0. �
• / N �
B. Garage ' . x � ' = S.F. LjJ N (
. C� N �
G_ Driveway x - � �/� S.F. � m. �
x = � �.F. �
� . �
D. Sidewalic x = S.F.
X = S.F.
. E. Patio/Deck x � _ � .�i L�- S.F.
x = S.F. �
F. Landscape ' x = S.F. �
Underfain x = � S.F.
By�Plastic x - S.F.
G. Retaining x = S,F. �
Walls . . . . �
H. Other x = S.F. �
TOTAC.HARDCOVER W ZONE - .3334' 5.F. A
TOTAL PROPERTY AREA N ZONE - 27/� S.F. B •
A 33 T B Z71�1 X �oo = �2 • 27 °�o
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' � PC Exhibit H
� Melanie Curtis
From: Gleason, John (DNR) [john.gleason@state.mn.us]
Sent: Wednesday, March 14, 2012 12:18 PM
To: Melanie Curtis
Subject: Comments on Variance Application •
Dear Melanie,
Thank you for the opportunity to review and comment on the variance application for the property just north
of 780 Brown Road North (PID 34-118-23-11-0003) on Long Lake.
The DNR opposes variances to bluff setback requirements and opposes all development in the bluff impact
zone.The bluff setback standards are included in the state shoreland rules for consumer protection. Bluffs
are sensitive landscape features and development on or near the edge of the bluff may contribute to
destabilization of the bluff. Development on or near a bluff edge may increase erosion rates of the bluff, due
to increased storm water runoff from the site and vegetation alterations. Not only might this cause sediment
to enter the lake,the geotechnical stability of the bluff itself may be compromised, and might result in mass , .
� wasting and slope failure of the bluff itself. Such a-:failure endangers public safety and substantial property
damage may also occur. Therefore, we oppose the variance requests related to the bluff setback
requirements on Long Lake.
As an alternative, we would suggest moving any proposed structure further away from the bluff to meet the
setback requirements, even if a variance is then required to the rear setback. We do not oppose a variance to
the rear setback requirement. ,
Please let me know if you have any questions.
Regards,
Jack
, 7ohn (]ack) Gleason � Area Hydrologist - West Metro � MnDNR � 1200 Warner Road � St. Paul, MN 55106 � T: 651-259-5754 �
]ohn.Gleason(�state.mn.us •
^,i,�: '�".
1
PC Exhibit I
� • = BO L_TON 8�. M �N K , I N G�
. Consulting Engineers & Surveyors
" 2638 Shadow Lane,Suite 200•Chaska, MN 55318-1172
Phone(952)448-8838•Fax(952)448-8805
www.bolton-menk.com
March 6, 2012
City of Orono
Attn: Melanie Curtis
PO Box 66
Orono,Mn 55323
RE: Land Use Application 12-3547
House Construction
790 Brown Road North/PID 34-115-23-11-0003
Dear Melanie:
As requested, we have reviewed the submittal package for the proposed Land Use Application for the
vacant lot at 790 Brown Road North. The Variance Application, Certificate of Survey, and Hardcover
� Calculations are dated February 22, 2012. Based on our re.view, we offer the following comments for
your consideration:
1. This property is zoned LR-lA(Lakeshore Residential), which requires a minimum front setback
of 50 feet(Sec.78-305). The current Survey shows a proposed front setback of 30 feet.
Therefore,a variance is required to reduce the minimum setback by 20 feet(40%).
2. The current Survey shows a proposed Top of Bluff setback of 15 feet. Per Sections 78-1211 and
78-1279,the minimum bluff setback required for structures is 30 feet from the top of bluff. Also,
the bluff impact zone is defined as 20 feet from the top of bluff, and no structures can be placed
within this zone. Therefore,variances are required to reduce the Top of Bluff setback by 15 feet
(50%) and to allow a structure within the Bluff Impact Zone.
3. This property is not provided with a sanitary service stub. The existing service stub, directed
toward this lot,is intended for 780 Brown Road North. If the lot is deternuned to be buildable,
the applicant will need to install a new connection for Lot 790 and provide an easement for the
service to Lot 780. Also,the applicant will be required to bear the costs of the SAC fee,
connection permit, and grinder station for connection to pressure sewer. Plans detailing this
connection would be required as part of a Building Permit Application.
4. If the lot is determined buildable,the applicant will need to submit a Building Pernut Application,
. including proposed Building Plans, a Certificate of Survey meeting Building Permit
requirements, a Storm Water Pollution Prevention Plan, and all applicable fees.
5. If the lot is determined buildable,the applicant will be required to obtain a Minnehaha Creek
Watershed District permit for erosion control. A copy of the permit should be submitted to the
City after MCWD approval.
Please contact me if you have any questions or need additional information.
Sincerely,
BOLTON&MENK,INC.
�� � ��
David P.Martini
Principal Engineer
. ����1 p �`jYpYV Y � (<p� N
, ..
PC Exhibit J I
�MOxArt�uM - I
To: Melanie Curtis
Chris Mattson
Street files, 780 and" 90"Brown Road North
From: Mike Gaffron
Date: January 19, 20
Subject: Sewer Availability for"790"Brown Road North
The vacant property at"790"Brown Road north was not assessed for sewer as part of the
`Homestead Road' sewer project(see attached Resolution No. 5243 and Assessment Roll as well
as Public Works Director Greg Gappa's maps ofthe project area).
The property is not provided with a sewer stub. Per the attached as-built maps, there is a clean-
out("termination flushing connection")located in the cul-de-sac near the boundary between 780
and 790, and a single connection stub aimed at 790 intended to serve 780,perhaps because the
connection for the sewer at 780 may be intended to stay north of the driveway, which puts it into
the adjacent commonly_,owned lot at 790.
The current Sewer Connection Charge which would be due if 790 is determined to be buildable
is $8,250 (2012 Fee Schedule)which would be due prior to issuance of a building permit. The
property owner would bear the costs of a SAC fee, connection permit and the costs of the grinder
station needed to make the connection to this pressure sewer.
City permit records indicate 780 has not yet been connected to the sewer. When 780 is connected
to the sewer,if its connection route extends through 790, an easement should be created or the
two lots should be combined.
•r,�: . :�.-
. . _: JL
� °�
o , o
� � C ITY of ORON4
� � �:. � �
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RESOLUTION OF THE CITY COUNCiL
��`�kESIIOg'�G N0. � � � � � .
A RESOLUTION ADOPTING THE
WEST FARM (HOMESTEAD)AREA
SAI�IITARY SEWER IMPROVEMENTS ASSESSMENT ROLL
WHEREAS, pursuant to proper notice duly given as required by law,the Council
has met and heard and passed upon all obj ections to the proposed assessment for tlie improvement of
sanitary sewer in the West Farm (Homestead) azea.
�,,�.�,
" NOW, THEREFORE, BE IT RESOLVED, by the City' Council of Orono,
Mumesota:
1. Such proposed assessment, a copy of which is attached hereto and inade a part hereof, is
hereby accepted and shall constitute tlie special assessment against the lands named tlierein,
and each tract of land therein included is hereby found to be benefited by the proposed
improveinent in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of 15
� years, the first of the installments to be payable on or before the first Monday in January
2005 and shall bear interest at the rate of 6.25%per annum from the date of the adoption of
this assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31,2005. To each subsequent
installment when due shall be added interest for one yeax on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor,pay tlie whole of the assessment on such property,with
interest accrued to the date of payment,to the City Treasurer,except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
resolution;and he may,at anytime thereafter,pay to the City Treasurer the entire amount of
the assessment remaining unpaid,wi�li interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding yeaz. Partial prepayment may be
allowed in accordance with ordinances which are existing or which the City may choose to
. adopt in the future.
Page 1 of 2
. . � - � � �� � J
3
� ��
0 0
�- - CITY o� ORONO
� -. �:. � � . .
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RESOLUTION OF THE CITY COUNCIL
�L`4kESI3���'G N0. 05 � � �i �
4. �The Clerlc shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the Cotulty. Such assessments shall be
' collected and paid over in the same manner as other municipal taxes. �
� Adopted by the City Council of Orono tliis 25th day of October, 2004.
ATTEST: , �
„�:;�.
� , �/�- � �Ee���
Linda S. Vee, City Clerk Barbara A.Peterson,Mayor
Page 2 of 2
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, PC Exhibit K(
Sec. 78-305.Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-1A district shall exceed 2 1/2 stories and shall
not exceed 30 feet in height except as provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot Area (acre) Lot Width (feet) Front Yard (feet) Side Yard (feet) Side Yard Rear Yard (feet)
Adjacent to Street
' feet
2 200 50 30 50 50
Sec. 78-1211. Definitions.
Bluff ineans a topographic feature, such as a hill, cliff or embankment, having the following
characteristics(An area with an average slope of less than 18 percent over a distance of 50 feet or more
shall not be considered part of the bluf�:
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the water body;
, {*�
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the water body. � .
Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.
81uff, foe of the, means the lower point of a 50-foot segment with an average slope exceeding 18
percent.
Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes
more than 18 percent and above which the average slope for a distance of 50 feet or more is.18 percent
or less.
Sec. 78-1217. Classification of public waters.
The public waters of the city have been classified below consistent with the criteria found in Minnesota
Regulations, part 6120.3300, and the protected waters inventory map for the county:
OHWL(feet) Protected Waters
' � ' - � ' Invento I.D"# ` � ' "
(1) Natural Environment
NE)lakes
Lake Classen 974.5 162-P
Dicke Lake 985.5 161-W
French Lake (South 930.0 140-P
- Basin onl
�� L diard Lake 970.9 159-P
Lake Katrina -- 154-P
Wolsfeld Lake -- 157-P
Medina
(2) Recreafiona/
Development(RD)
lakes
�-� � KL
Lon Lake 944.3 160-P
Moone Lake 988.0 134-P
Tana er Lake 929.4 141-P
Hadley Lake 961.4 109-P
PI mouth
(3) General Development
(GD)lakes
Forest Lake 929.4 139-P
Lake Minnetonka 929.4 133-P -
Sec. 78-1279. Placement of structures on lots.
When more than one setback applies to a site, structures and facilities must be located to meet
all setbacks. Structures shall be located as follows:
(1) Structure and on-site sewerage system setbacks(in feet) from ordinary high water level:
Setbacks
Sewa e
Public Water Structure Treatment �
Classification - -� Unsewered Sewered S stem
NE 150 150 150
RD 100 75 75
GD 75 75 75 '
Tributa 100 75 75
(2) Addifional structure setbacks. The following additional structure setbacks apply,
regardless of the classification of the water body:
Setback from: Setback in feet
To of bluff 30
Un latted cemete 50
Right-of-way line of 30*
. federal, state or
county highway and
local public and
rivate roads
* Except for detached garages on lakeshore lots as regulated in section 78-1435 and �
except for structures subject to less restrictive side yard adjacent to street setbacks as
regulated in the various zoning districts.
(3) Bluff impacf zones. Structures and accessory facilities, except stairways, landings and
lock boxes, must not be placed within bluff impact zones.
(4) Uses wifhout water-oriented needs. Uses without water-oriented needs must be located
on lots or parcels without public waters frontage, or, if located on lots or parcels with
public waters frontage, must either be set back double the normal ordinary high water
level setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
� (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone.
� Portions of dock located landward of the OHWL shall be considered as a landing, subject
to the regulations for landings per section 78-1282. Retaining walls shall not be placed
� K3
within the shore setback zone.
(6) Average lakeshore sefback. No principal or accessory structure shall be located closer to
the lakeshore than the average distance from the shoreline of existing residence
buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and
lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and
shall not apply to tributaries. The average lakeshore setback line shall be a straight line
connecting the most lakeward protrusions of the residence buildings on the immediately
adjacent lakeshore lots.
a. In instances where the average lakeshore setback can not be met, administrative
epproval may be granted at the discretion of the planning director provided no
lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors
provide written approval.
(Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004)
Sec. 78-1282. Driveways,stairways, lifts and landings.
(a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback
zone if the property has no other frontage on or access to a public or private road.
(b) Stairways and lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall
be allowed in the shore setback zone and must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width.
(2) Landings for stairways and lifts shall not exceed 32 square feet in area.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts and landings may be either constructed above the ground on posts or
pilings or placed into the ground, provided they are designed and built in a manner that
ensures control of soil erosion.
(5) Stairways, lifts and landings must be located in the most visually inconspicuous portions
of lots, as viewed from the surtace of the public water, assuming summer, leaf-on
conditions, whenever practical.
(6) Facilities necessary to provide shore area access to physically handicapped persons
,shall be allowed, provided that the dimensional and performance standards of
subsections(1)—(5) of this section are completed in addition to the requirements of the
Minnesota Regulations, chapter 1340.
(7) A building permit shall be obtained for construction of stairways, lifts and landings
regardless of whether such improvements are constructed above, at or below grade.
(Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59 3rd series, §2, 5-11-2009)
� Sec.78-1403. Lot coverage. ��
In all zoning districts, for all lots of 0-1.99 acres in total area, the total combined footprint areas of
all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless
of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal
residence and garage structures. The following shall be included in calculation of lot coverage by
structures: ,
K�
(1) All roofed structures more than six feet above grade level.
(2) Tennis courts, patios, decks, and all similar open structures when partially or fully
enclosed by fences, railings or walls which extend more than six feet above grade level
(If any portion of such structures extends more than six feet above grade level, the entire
structure shall count toward lot coverage).
(3) Building protrusions which are more than six feet above grade, including the building
footprint, and the vertical projection of any parts of the building more than six feet above
grade.
(4) Bays or bay windows that increase the floor area (i.e., floor to ceiling)shall be considered
lot coverage. Bays or bay windows that act solely as a window shall not be considered lot
coverage.
(5) All but the outer two feet of roof overhangs shall be included in the calculation of lot
coverage.
Sec. 82-86.Vested rights.
No vested rights shall accrue to any subdivision by�reason of preliminary or final subdivision
; , approval except as stated in this article. For one year following preliminary approval and for;two years
following final approval, unless the subdivider and the city agree otherwise, no amendment to a
comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot
layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to
its regulations, the city may extend the period by agreement with the subdivider and subject to all
applicable pertormance conditions and requirements, or it may require submission of a new application
unless substantial physical activity and investment has occurred in reasonable reliance on the approved
application, and the subdivider will suffer substantial financial damage as a consequence of a
requirement to submit a new application. In connection with a subdivision involving planned and staged
development, the city may by resolution or agreement grant the rights referred to in this section for such
period of time longer than finro years which it determines to be reasonable and appropriate.
(Code 1984, § 11.10(20)(B))
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Hennepin County GIS Division ' Map Legend:
300 South 6th Street Map Scale: 1" = 180'
Minneapolis,MN 55487 � BUff@�$iZ@• 150 feet
gis.infoC�co.hennepin.mn.us ' � 1�IrateP � NVajor Roads
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IMap Comments: f , _ :. Parcel ��
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Tract F, Reg. Land Survey No. 1275 � -� �, t
Orono MN � ;�� Selected Parcels �,��
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�S'�OF ORON � '
� PC Exhibit N
� RUN DATE: 1/18/2012 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIS'I')
38 27-118-23 44 0019 38 34118-23 11 0001 38 34118-23 11 0002
S C MULDOON&P D MULDOON R D BENSON&B A LUIKENS J D STAVID&P M STAVID
1801 WEST FARM RD 776 BROWN RD N 780 BROWN RD N
SAMANTHA CAPEN MULDOON BARBARA A LUIKENS 70HN&PHOEBE STAVIG
PAUL D MULDOON RICHARD B BENSON 780 BROWN RD N
1801 WEST FARM RD 776 BROV✓N RD N LONG LAKE MN 55356
ORONO MN 55356 ' LONG LAKE MN 55356
38 34118-23 11 0003 38 34118-23 11 0006 38 34118-23 11 0007
J D STAVIG&P M STAVIG MARY L STEIL ET AL J M PENDLETON/M E PENDLETON
38 ADDRESS LINASSIGNED 38 ADDRESS UNASSIGNED S00 BROWN RD N
JOHN&PHOEBE STAVIG MARY L STEIL ET AL JON M PENDLETON
780 BROWN RD N • 744 BROWN RD N 800 BROWN RD N
LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356
I CERTIFY THAT THE FACTS REPRES AAf�AC E AND'CkUE KEPRESENTATION OF INFORMATION
' f
AS IT APPEARS THIS DATE ON THE RECO F A E �CO,��TY A�PAYER SERVICES DEPARTMENT.
DATE: .�AIV � Q ZO�L BY:/ �' �
�_� `
��
R����V�D
FEB 2 2 2012
CITY OF ORONO .
. RECEIVED
. . JAN � 8 2012 �
CtTV OF ORONO L
�
s �
Date Application Received:03/21/12
Date Applic,ation Considered as Complete:03/21/12
Initial 60-Day Review Period Expires: 05/20/12
60 Day Extension Sent 4/27 Expires:7/19/12
To: Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
From: Michael P. Gaffron,Asst.City Administrator
Date: May 17, 2012
Subject: #12-3551,Yuehchuan Kung on behalf Impool, LLC, 1505 Long Lake Boulevard
■ Variances&CUP
■ Continuation of Public Hearing
------------------------------------------------------------------------------------
� Zoning District: LR-1A Single Family Lakeshore Residential, 2 acre/200'
Lot Area: 11,951 square feet(0.27 acre) �
Lot Width: 99'
Application Summary: This item was tabled at your April meeting to allow applicant to make
revisions and provide additional information. The applicant is requesting the following approvals
for construction of a new residence to replace the existing residence on the property (revisions
from April review are highlighted in°*�'��/underline format):
1) Lot area variance to allow construction on a lot of 11,951 s.f where 87,120 s.f. is required.
2) Lot width variance to allow construction on a lot of 99' defined width and 60' functional width
where 200' is required.
3) Side setback variance to allow west side setback of 10.0'where 30' is required.
4) Side setback variance to allow east side setback of 10.4'where 30' is required.
5) Street setback variance to allow street setback of�1,�23.5'where 50' is required.
6) Lakeshore setback variance to allow lakeshore setback of 49.3' where 100' is required
(Recreational Lake Classification). �
7) Average lakeshore setback variance to allow average setback encroachment of 30' where no
. encroachment is allowed.
8) 0-75' hardcover variance to allow 3�°6 14.2% hardcover where no hardcover is normally
allowed.
9) 75-250' hardcover variance to allow 3��6 35.2% hardcover where only 25% is normally
allowed.
10) Variance to allow structure within Bluff Impact Zone where no structure is normally allowed.
11) CUP&variance required for 0-75'grading/filling/excavating in excess of 10 c.y.
Staff Recommendation: Planning Commission should review the issues for consideration and
determine whether all concerns have been suitably addressed and resolved. If so, a
recommendation for approval with conditions would be appropriate.
List of Exhibits
ExhibitA. Applicant's Revisions Submittal
1) Narrative
2) Rear(Lake) and East Side Elevation Views
12-3551 �
May 17,2012
Page 2 of 6
3) Neighbor Cashman authorization to remove large oak tree
4) Trio Landscaping Rain Garden Proposal &Tree Removal Recommendation
5) MCWD Contact Documentation
6) Revised Proposed Survey/Site Plan dated 5/8/12 �
Exhibit 8. City Engineer Comments dated 5/17/12
Exhibit C. PC Action Notice 4/25/12
Exhibit D. 60-Day Extension Notice 4/27/12
Exhibit E. PC Draft Minutes 4/16/12
Exhibit F. Memo and Exhibits of 4/11/12
Background
The existing home, portions apparently constructed in the 1920s, is a one-story walkout with a one-
stall detached garage. Applicants propose to remove the existing home and garage and construct a
new 2-story walkout with attached garage. The property is very steep and a portion of the property
at the northwest corner of the existing house meets the definition of'bluff'.
This item was tabled by the Planning Commission on April 16 to allow applicant to address a number .;.�N:
of issues. �As noted by staff in the PC Action Notice of 4/25/12, the following items were to be
. addressed:
1) A plan for preservation of the significant trees on the site, preferably with input from a
professional arborist or commercial landscaper well-versed in this field.
2) A grading/drainage/landscaping plan for improvements to and/or preservation of the
lakeshore yard and shoreline area;should include a stairway as needed to traverse the
steep lakeshore yard.
3) A mitigation plan for the excess hardcover on the property;this potentially would
incorporate a rain garden or other features to enhance quality of runoff to the lake.
4) An erosion control plan to be in place during demolition/construction and until new
vegetation is established.
5) Review by City Engineer as to the viability of the overall grading drainage plan; due to
the bluff/steep slope condition of the site, it may be advisable for applicant to engage a
consulting civil engineer to review slope stability and capacity for accommodating the
proposed home.
---------------------------------------------------------------------------------------
REVISED/UPDATED LOT ANALYSIS WORSHEET (Revisions since April meeting shaded)
Lot Area/Width:
LR-16 Required Actual
Lot Area 2.0 acres 0.27 acre (11,951 s.f.)
Lot Width 200 feet 99 feet (60' perpenclicular to side lot lines)
Structural Covera�e:
Lot Area(Home Site) Limit Existing Proposed(no change)
11,951 s.f. 1,793 s.f. (15%) 1,317 s.f. (11.1%) 1,794 s.f. (15.0%)
� 12-3551
May 17,2012
Page 3 of 6 .
Setbacks•
. LR-1A Required Existing initial Revised
Proposal proposal
� Lakeshore(Recreational Lake 100' 43.6' 49.3' 49.3'
Classification)
Rear/Street •SO' 37' house 22' 23.5', `.
-1.6' det.garage att.garage aft.gar.age
West Side 30' 2.2' 10.0' 10.0'
East Side 30' 17.5' 10.4' 10.4'
Average Lakeshore Setback �� 35' 30' 30'
Encroachment
Top of Bluff (Westerly portion of 30' (In the bluff) (In the bluff) (In the bluff)
lot)
Hardcover•
Hardcover Total Area Allowed Existing Initially Proposed -�':Reuised Proposed
Zone in Zone Hardcover Hardcover Hardcover Hardcover �
0'-75' 7,644 s.f. 0 s.f. 1,157 s.f. g33 s.f. (12.2%) 1,088s:f. (14.2%) '
(0%) (15.1%)
75-250 4,306 s.f. 1,077 s.f. 678 s.f. 1,559 s.f. (36.2%) 1;519 s.f. (35.3%)
(25%) (15.7%)
Totals 11,951 s.f. 1,077 s.f. 1,835 s.f. 2,492 s.f. 2,607 s.f.-
---------------------------------------------------------------------------------------
Review of Revisions
Street Setback. The proposed house location has not moved.The dimension for the street setback
has been corrected.
Hardcover. The original proposed plan reduced the 0-75' hardcover to 12.2% by removing virtually
all the sidewalks, slightly decreasing the square footage of proposed house in that zone, and adding
a small 88 s.f. deck. The newly revised proposal adds a 155 s.f. stairway system at the SW corner of
the house, so that 0-75' hardcover will be 14.2%. However, the proposed stairway is at a 5-foot
width where Orono Code allows only 4'width for a lakeshore stairway. Reducing it to 4' wide would
eliminate about 30 s.f.of hardcover for a final 0-75' hardcover of about 14.0%.
In the 75-250' zone, the initial hardcover proposal was 36.2%. The driveway has been slightly
revised so that only one boulevard tree is lost instead of two. The result is a decrease of 40 s.f. of
driveway hardcover, so that 75-250' hardcover will be 35.3%. This stifl leaves room for at least 3
cars to be parked in the driveway.
Gradin�& Draina�e Plan
The grading plan incorporates two revisions.The first is that the plan no longer attempts to create a
swale along the west lot line, but allows drainage to flow directly to the neighboring property.
However, the proposal then includes a system of gutters so that all roof runoff will be directed to a
series of rain gardens tucked into the hill southeast of the house. Additionally, a swale for �
12-3551 °
May 17,2012
Page 4 of 6
in�ltration near the shoreline has been added, which likely will help to manage runoff from the
City's storm sewer that discharges along the east property boundary. The City Engineer's
comments are attached as Exhibit B.
Tree Impacts. Per Exhibit A-4 and the revised survey (A-6) the applicants are proposing to remove
two of the three large oak trees in the 0-75' zone. The 22" oak alongside the existing house but on
the neighbor's property apparently has already extended roots in the foundation wall of the existing
house. The continued viability of this tree with the proposed house 10' away is questionable, and
because its branches extend significantly into applicants' property, removal of this tree was
anticipated. There is no discussion as to replacement of this tree with one or more trees on either
property. Zoning Code Section 78-1285(a)states as follows:
(a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a
diameter of six inches or more (or 19 inches in circumference or greater) measured three
feet above the ground may be removed without first obtaining a permit from the city
staff, provided that at least the equivalent number of rep/acement trees of a size and
nature found acceptable to the staff are planted at the same setback from the shoreline as
those remo�ed. (Emphasis added) Appeals of staff determinations as to type, size and _
quality of the trees to be replaced will be to the council. Removal of trees that are dead
shall not require a permit, but such trees must be inspected by city staff prior to their
removal.
Additionally, and perhaps of greater concern to staff, is that the 34" oak just south of the house is
also recommended by the applicant's consultant to be removed as a pre-emptive measure, based
on its proximity to the proposed house and all the activity associated with the new construction.
Planning Commission had asked the applicant to obtain professional advice as to how to save this
tree -the recommendation to remove it is not what was expected. Prudent advice, perhaps, but in
conflict with the City's goals for protection of vegetation in the Shoreland. Again, no additional
replacement trees are proposed to mitigate the removal of this signi�cant tree
Conditional Use Permit Review
The revised grading plan makes only minor changes to the proposed fill elevations around the
house. At the southeast corner the grade will not be cut as substantially as the original plan, which
� minimizes impacts near the rain garden area. The grading plan revisions were completed prior to
the date of the landscape consultants' recommendations for tree removal at this location-applicant _
should be asked whether removal of the 34"oak affects this revised grading scheme. �
The zoning code guidelines for issuance of a CUP in the Shoreland are reviewed in the April 11 staff
memo and the comments regarding those guidelines as enumerated in that memo still apply.
, <:
Additional Items of Note
(See April 11 Staff Memo)
Practical Difficulties Statement and Analysis
(See April 11 Staff Memo)
� 12-3551
May 17,2012
Page 5 of 6
Issues for Consideration
1. Does the Planning Commission find that that the applicant proposes to use the subject
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. Is the proposed house appropriately sized, or should it be further reduced in order to
reduce the impacts and the degree of associated variances?
4. Are the proposed hardcover levels acceptable, or should they be reduced to more
closely match City standards? Can the site layout be further modified to reduce the
magnitude of variances? Are the proposed raingardens, swales and gutters sufficient
mitigation for the hardcover levels proposed?
5. Does Planning Commission conclude that the average setback variance is acceptable
because neighboring lake views are not impacted?
j.,�, ��.t.
.•:� ..
6. Is the stairway to the lake acceptable as long as it is reduced to 4' in width?
7. Is Planning Commission willing to grant the requested variances in light of the fact that
two large oak trees will be removed rather than protected? If so, what level of
mitigation for removal of the two large oak trees should be required? Staff would
suggest that the applicant propose at least a two-for-one tree mitigation plan, and
work with the adjacent property owner and landscape consultant as to placement,
species, size, etc.
8. Given the variety of variances required to rebuild on this property, and knowing the
potential and expected impacts of redeveloping the site, is Planning Commission
comfortable that all issues have been sufficiently addressed?
9. Are there any other issues or concerns with this application?
Staff Recommendation
1) Staff recommends approval of the lot area and width variances.
2) Staff recommends approval of 0-75' and 75-250' hardcover variances at a level Planning
Commission finds acceptable. If reductions from the current proposed levels are recommended,
then a revised site plan and house plan should be requested. The mitigation measures
proposed for the excessive hardcover (raingardens, infiltration swales, gutters and directed
runoff patterns)would appear to address this issue adequately.
3) Staff recommends approval of the requested side setback variances, subject implementation of
a final grading&drainage plan acceptable to the City Engineer and subject to no encroachments
of the east side 10' drainage and utility easement by overhangs, cantilevers,or other structure.
4) Staff recommends approval of lake setback and street setback variances as proposed, subject to
any revisions needed if Planning Commission concludes hardcover must be reduced.
5) Staff recommends approval of the average lakeshore setback variance as proposed.
12-3551 '
May 17,2012 �
Page 6 of 6
6) Staff recommends approval of a variance to allow structure within the defined bluff impact zone
subject to implementation of final grading and drainage plans for the site. Any retaining walls 4 �
feet in height or greater will require submittal of plans designed by a structural engineer.
7) Staff recommends approval of a CUP and variance for grading/excavation/fill within the 0-75'
zone, subject to a final grading and drainage plan that addresses any City Engineer concerns
regarding slope stability;subject to adherence to the City's erosion control regulations as well as
the permitting requirements of the MCWD. Timely re-vegetation and stabilization will be a
requirement of the permitting process.
8) If the variances are recommended for approval, applicant shall provide for City Council approval
a proposed tree replacement plan at a 2-for-1 mitigation level for the two oaks being lost, and .
shall take all necessary measures to ensure the survivability of all other mature trees within the
0-75' protected area.
9) Applicant is advised of street parking limitations during the construction process.
10) Approval is subject to all recommendations of the City Consulting Engineer in his letter dated
May 17, 2012.
�.:�:.
Planning Commission options for action:
1. Recommend approval as presented,or with specific conditions or revisions;or �
2. Recommend denial,stating reasons; or
3. Table for more information or submittal of a revised plan (provide applicant with specific
direction).
(
i t
a
� PC Exhibit A��
Z'JB Homes, Inc.
9100 BALTIMORE ST NE#102,BLAINE,MN 55449 ♦PHONE (763)780-2944 ♦ FAX(763)767-1372
HOMES, �NC R
Fc��V�
NqY � 1? D
May 9, 2012 ��T�-oFO ��? .
Re: Revisions to Site, Landscape Plans RONO
1505 Long Lake Blvd.
Following u review of the Planning Commission Meeting Minutes of 4-16-12,
A meeting was scheduled with Mike Gaffron, Asst. City Administrator, Jesse Struve,
City Engr. and Don Pertinen, Designer.
The suggested revisions to the site plan were forwarded to the surveyor and
Landscape designer, and the follow revisions were made.
1. The Bui lder, TJB Homes INC., agrees to install gutters on the proposed home. '��'
Thut will be tied to a drain tile system directed to a ruin garden designed for a 1" in
24hr. rainfall for approx. 1500 sq. ft. of roof area.
2. The driveway will be sloped to direct water runoff to the same side of the house
as the rain garden.
3. Site grading on the west side and the south east corner of the house has been
revised per the city engr. suggestions.
4. A walkway to the lake has been added to the landscape plan.
5. A berm and rip rap of the shoreline were added to the survey and landscape plan.
6. Erosion Control notes were added to the survey.
7. The driveway entrance has been moved to eliminate only one of the five existing
trees at the street. .
8. A letter was obtained from the property owner to the west, allowing removal of a
tree on the west property line which has roots protruding into the basement of the
home to be�demolished.
9. A review of the other existing trees is Qddressed in the letter from the
landscape designer.
f�, �
• � � ltena.H04-PC.4genda-04/1G/20/2
F'rle�73-355/[Tnla[Pages 43J �
PC ExhibitA�i
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PC Exhibit A^�''� �
��� T r���� I .o
_.,LANDSCAPING •
. .... . ......... .,-LLC ...
� May 10, 2012
The design for the rain garden at 1505 Long Lake blvd has taken in to
consideration the heavier soil and slow inf'�ltration of water in a 24 hour period :
as well as the slower inf'�ltration closer to the water table.
_ For these reasons I suggest a rain garden that is constructed using retaining
� walls into the slope of the yard.
By constructing a new space this allows us to make a rain garden of a smaller
foot square footage while increasing the infiltration quantity with in the 24 hour
period by using less dense soils. Tilling of the existing soil is recomxnended to
prevent a dead pan situation, but the added soils would allow for more water in
less space. And additional benefit is we can keep the water farther from the
water table, and closer to the home, resulting in less drain tiling to move water
to rain garden. �
A range of rock 1=6" would be at the up hill side of the rain garden to take on
the water through the yard as well as the water piped in from drain tile. The
basins would be an average of 5" deep to be able to handle the 1500 sf of roof
water as specified. This is approx over 1/3 smaller than what building a rain
garden in native soils would be. If additional areas are needing to flow into this
area we will need to expand the rain gardens to handle additional intake.
Walls can be built from what ever material is deemed appropriate for over all
landscape, with basin depressions at least 1'from back of block. All walls to be
lined with fabric and drain tiled into ex grade for assurance of longevity of wall.
. Edging, preferably segmental, would be used when rain garden meets lawn.
The Rain garden is to be planted with a variety of groups of plants that are
suited for the lighting conditions and placement in the bed. Home owner input
would be helpful for plant approval. Shredded wood mulch is to cover the bed.
Additionally there are trees that are in pro�rimity of the construction area of the
house that are recommended for removal. The change of grade, movement of
soil, and construction traffic in and around the trees are likely to.cause them
harm and preemptive removal will be in their best interest.
Diana Grundeen
MNLA Certified Landscape Professional
Trio Landscaping, Owner/Designer
TrioLandscaping.com � 612-296-5646 ► diana@triolandscaping.com
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PC Exhibit A—�
Jon Ramey
From: Joseph Barten
Sent: Thursday, May 10, 2012 12:43 PM .
To: jon@tjbhomes.com
Cc: Brandon Wisner
Subject: Permit information
Hi Jon, •
Per our phone conversation today, please submit the current plans for the project to Brandon Wisner(CC'd). He
will be able to tell you which Minnehaha Creek Watershed District rules may be triggered and which permits you
will likely have to apply for in the event that your variance is approved. Thanks and feel free to contact either
Brandon or myself with questions. �
Joe Barten � Cost Share Program Specialist � www.minnehahacreek.or�
18202 Minnetonka Boulevard � Deephaven, MN 55391 � Office: (952)641-4523 � Cell: (952)212-2266
� MINNEHANA CREEK '"
,y� WATE'RSHED DISTRICT
���i G'UAli:1'U�I SVA7lO�G'f�A.l!I I 0t il�! .
5/11/2012
CERTIFICATE 0 SURVEY �A CALCULATIONS (total lot) �
TOTAL LOT (above OHW) = f11.951 sq. ft. �
FOR: TJB HOMES, INC. 982-$�' Proposed House = t1,692 Sq. Ft.
Proposed Drivewoy =. t535 Sq. Ft.
ADDRESS: 1505 LONG LAKE LVD, ORONO, MN \ � Proposed Stoop = t14 Sq. Ft.
98 • �//' Proposed Deck = t88 Sq. Ft.
'; s y^ Proposed Sidewalk = f123 Sq. Ft.
. �p� sa�.s . �1' Impervious = t20.59:
�' '•• /
� 980.3 °� �
� � � � '�,� AREA CALCULATIONS (0-75')
. � . �� _ � 0-75' AREA = t7,644 sq. ft. �
9n 3 � � �' 980� _ � Proposed House = t845 Sq. Ft.
� ��9 ; o� Proposed Deck = f88 Sq. Ft.
�a'.. ''•• 9eq� O� Proposed Steps = t155 Sq. Ft.
s�2.s�••. .. ��,�a� � . ':.�. � �� Impervious = t14.2�
�9
73.1 ��� 5�. e �,,��980 : � AREA CALCULATIONS (75-250')
� o
�
�� . 976.1 �' 9SH74 � ��� � ' ROCK O 75-250' AREA.= f4.306 sq. ft.
EXISTING HWSE � �•.SSH74 �? v' =-coNSrnucnor� Proposed House = t847 Sq. Ft.
9 ���� ENTRqNCE � Proposed Drivewoy = f535 Sq. Ft.
O
•. �,� g�8 ' • �� .��i , 979.7 Proposed Stoop = t14 Sq. Ft
. `�� �.. AsH�:• � Proposed Sidewalk = t123 Sq. Ft.
� s��.i . �'�., s�s.s �s.i �'°�s 9,� pervious = t35.2X
•. 971.3 ) N • 978.9
� '., 9 • WELL � s78.1 .
978.3
PROPbSED SILT FENCE-?` 76. SM14 '.••'977.��978
�, . ASH15
�• '9 OAK2IDBL 9�2 p�y�yAY C87.4
�'. \�•.. 1O � .
6'• x
�. ,'L'�• 9j s s�a.o : s�a.s
•..... � 77. � .
� � .
sss.X � 20:00 • . I�� s��.s .
• � 9� �10.0 � sr
,. „ . ��, . 969.2 _ N � LEGAL DESCRIPTION
�' �' ' � x. \ ;�� GARAGE D .„ . • `9� •.. 9�6•. . �. .
s6s.� �. Lot 23� ALBEE S LONG LAKE ADDITION�
.. ��. •...� N _ :..:'... '� � .. � . Hennepin County, Minnesota.
N x 975.1
�� O \.. •• x972.1 '
�' `• x N�p• 9S8 _ � I . 9�g.
� �, �'�6, 'ss4.s..M� -�---- 7f. �p '
. O r-i�"� �W N \ �° 11.00 .•��.4 . 972•.
. ' � ;{,I� ...� .. � 7.00 c� I •..
� •. `��s, .� � (80.4' eo ss4.$) �. • .. 9 �
. d' � (/�... a' � 968 �4.
��p '•. .. ..�r . PROPOSED QusE� . ''•••-.
• '. `sb? . �• � WALK \ I� 968•x ss8.2 '
� � �SR • OAk22}� . '^ ,
_ •�s . , N `06+� M 6 . .
� � ,� •. r' ' . � � (�s.s' BELOW 964.5)..� 10.4 •., .
\ s4i.o �'��'•• . ' � 22.00 \ '��, � 9 . • . . �
• � : � 66
. c�I 59. o b .
• • 9�. o DECK �....96.OG\.. .
•� . . • '•✓ \ �seo.o °°1i.ob. � ' �'•• \�
� x963. •.
\ . . � % � ��. � � � _ . �.
: 9�6X j/ � .X95�}:9 �'• . �OAK34. . d� '- 7596F�ROM ONW. \ '. . ... ... • • ' � EXISTING HOUSE
\ . ,��:� . . �� i. � . ,
% • �p''•� 959.7 • PROPOSED \
\ ' .
, / . � '• �'O �'•. ��••.... �� �RAIN GARDENS• .
x• �• I
,� � • , .,'S . ..959.3 � �%/'(SEE LANDSCAPE PLAN) ...... . .. •
.�• •
� �� �g . ' � ��' 96,2 � ss2.s
A6, . ••i' i _ .
' • .., •.. ' . ••• . � i .
. x 94 � , . �' •. � ' , XIST1NG DECK
•., •. •., •., •. • - ...... . . ... . ..
94.4.4 � ' . I .� g � • 962.6 963.3
�'• OAK 9 �.�: N � . .
. .....
1�lO�tl-� \ 946.0 �`�. 23 �...�������. `� .. .:��� %� +i -9sa 9sz.6 � 962 0
0
�. o
. . • �...�
.. x . �. . .... . ... �
0 20 \ • �. 949.9 :_ 951.4 ., . � • ' .. .... ... ...... .
O• .
• xx 851. ' . � 9s8 x 958J .
�'' x 958.7
t� \ � �`P/L ', I� . . , •
( IN FEET ) l ��'F Ns .i 9�� . • I X '' .9�,� ' " •• • .. . .
1 inch = 20ft. ` D,c� \ � \ °'�� ' sso.s •. . •
� � � � �. �
/� y . I .
�p.f.�� p s ��c`� • �� cs` •
��� � � ���2��, X 9�•9�• � `� �. � . PROPOSED ELEVATIONS
,� � 9� I ���EXIS17]NG UTIUTY EASEMENT GARAGE FLOOR = 977.0
� � o '
��'� ��r, � �,�s �•�?� � � � • FIRST FLOOR = 970.5
NOTES � � � � � � � �. xsss.s ����•�.LOWEST FLOOR - 960.0
.�_ \ �'• � ' I N • .
- FlELD SURVEY CONDUCTED ON FEBRUARY 27TH. 2011. ��, �� ��..i 948.1 '
- BEARINGS SNOWN ARE ON ASSUMED DATUM. 944,� � t�` �O x � � �
- BOUNDARY INFORMATION TAKEN FROM SURVEY � s � `�� I •�� 9S`Q ' ••. x954.8
PREPARED BY GRONBER� AND ASSOCIATES� INC. DATED � � � . '
JULY 67H, 2007. �`� �
- CONTRACTOft TO VERIFY HOUSE DIMENSIONS. � \� G '�•� �� DENOTES TREE TO BE REMOVED
AND SEWER AND BASEMENT DEPTHS. �.o `•. \ `• s�� � ��9� DENOTES EXISTING RET. WALL
- FlNISHED GRADE 10 FEET FROM PROPOSED BUILDING �9A \ ��y �� I �' X DENOTES EXISTING FENCE
SHALL BE 0.5 FEET LOWER 11iAN THE FlNISHED GRADE 9�0 �� • DENOTES IRON MONUMENT FOUND
AT THE BUILDING. ti� 2
- ALL BUILDIN� SETBACKS AND IMPERVIOUS sy � �'\ � DENOTES WELL
SURFACE CALCULATIONS NEED TO BE APPROVED °�F � � �'. \ s4s.2 � DENOTES CATCH BASIN
BY THE CITY OF ORONO. (VARIANCE REQUIRED) `� � � '� \ . x
This survey was prepared without the benefit of title work. � � \ 9�6�'' 02 DENOTES PROPOSED ELEVATION.
Easements, appurtenances. and encumbrances may exist in I ' s4�.z . . x1011.2 DENOTES EXISTING ELEVATION.
oddition to thoss shown hereon. ThTs survey is sub ject to \ � .• � DENOTES DIRECTION OF DRAINAGE.
revision upon receipt of a title insurance commitment or 9�'8 •� m DENOTES WOOD HUB/METAL SPIKE
attomeys title opinion. � -- '
� � DENOTES CONCRETE
I hereby certify that this plan, survey or report was prepared by �
me or under my direct supervision and that I am a duly Licensed 0
DENOTES BITUMINOUS m
Land Surveyor under the lows of the State of Minnesota. 943.9 CRE LAND. SURVEYING ' ' °�
, ,;, �
Revised: 4-4-12 � JOB#12063BS\ eleine, MN 55449 - D
P Revised. 3-15-12 Revised: 5-11-12 r t
Revised: 3-13-12 Revised: 5-8-12 . 7�'�� js.acrelandsurveyCC�gmail 6
J HUA P. SCHNEIDER Date: 2-29-�2 Reg. No. 44655 `"''' �° " �2 i' i' i' ie i' i° � n° n, nz n3 n• ns ne n� ne n9 rro
C�\Lnnd Pro lects 2��8\12Q63hs-Alhee's Lnno Lnke Addltlnn\dWO\12Q63hs.drro 5/11/2�i2 11i12i35 AM CDT
PC Exhibit B
. . � BO�TOI\I 8� I\/I �N K , I N C�
. Consulting Engineers & Surveyors
" 2638 Shadow Lane,Suite 200•Chaska, MN 5531&1172
_ Phone(952)448-8838•Fax(952)448-8805
www.bolton-menk.com
May 17,2012
City of Orono ' •
Atrn:Mike Gaffron
PO Box 66
Orono,Mn 55323
RE: Variance Application 2012-3551
House Reconstruction
1505 Long Lake Boulevard_ �
Dear Mike:
As requested,we have reviewed the submittal package for the proposed house reconstruction at 1505
.;.
Long Lake Boulevazd. The submittal package included the following documents:
1. Certificate of Surveys with proposed house dated Apri14,2012 and May 1 l,2012
2. Certificate of Survey with existing house dated February 29,2012
3. Notice of Planning Commission Action dated Apri125,2012
4. A storm and sanitary sewer exhibit
5. Narrative of updates to Site and Landscape plans dated May 9,2012
6. Letter from adjacent property owner granting pernussion for tree removal dated Apri120,2012
7. Rear and Side Elevation sketches dated May 8, 2012
8. Landscaping Plan and Narrative dated May 10,2012
9. Email correspondence with MCWD dated May 10,2012 .
Based on our review,we offer the following comments for your consideration:
1. This project will disturb more than 25 cubic yards of material. Therefore, a Storm Water
Pollution Prevention Plan(SWPPP)is required in accordance with Sec.79 of the City Code.
SWPPP items have been placed on the Certificate of Survey. The minimum$2,000 sediment and
erosion control financial security should also be required of the owner for this permit.
2. The silt fence should be installed prior to any work to prevent any sediment leaving the property.
3. The rock construction entrance should be installed prior to any work to prevent sediment from
being tracked onto City streets by construction vehicles.
4. If any sediment is tracked onto City streets,the Owner/Contractor should be required to reclaim
the sediment via scraping and/or street sweeping by the end of each day.
5. Disturbed green areas should be restored with seed or sod within 7 days of grading completion.
6. Retaining walls are proposed in the Landscape Plan but are not shown on the Survey. The
Certificate of Survey should be updated to show all proposed retaining walls. Provide top of wall
and bottom of wall elevations and dimensions on the retaining wall in key locations(i.e. grade
changes, alignment changes). Walls four feet or greater in height must be designed by a licensed
Professional Engineer. Multi-level walls spaced less than double the height of the bottom wall
apart shall be considered one wall,and the height shail be determined from the base of the bottom
wall to the top of the upper wall.
7. Underdrain should be included in the rain gazden design to ensure they drain properly and do not
drown out proposed plantings. A cross-section detail of the rain gardens should be submitted for
review.
. ,
- • 1505 Long Lake Boulevard, Orono,MN
� May 17,2012 -
Page 2
8. The rain gardens will be privately owned. However,as part of the City's MS4 status,it is
required that all ponding and treatment facilities aze inspected and maintained on a regulaz basis.
Therefore,it is suggested that the City establish a maintenance agreement with the Owner to
ensure these areas are maintained to City standards.
9. The applicant will be required to obtain a Minnehaha Creek Watershed District pernut for erosion
control. A copy of the pernut should be submitted to the City after MCWD approval.
Please contact me if you have any questions or need additional information.
Sincerely,
BOLTON&MENK,INC.
�� � �� . .
David P.Martini,P.E.
Principal Engineer -
/ PC Exhibit C
NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway ZONING FILE: 12-3551
PO Box 66
Crystal Bay, MN 55323
952.249.4620 DATE OF NOTICE: April 25, 2012
TO: Yueh Chuan Kung&Carl Tseng COPIES: Via email
8044 Golden Valley Road Impool, LLC
Golden Valley, MN 55427 Deneen Schoenke
Jon Ramey with TJB Homes .
TYPE OF REQUEST: Variances and Conditional Use Permit
DATE OF MEETING: April 16, 2012
The Orono Planning Commission tabled the application, requesting that the applicant provide additional
information for review. Based on the discussion at that meeting,staff is suggesting the following items �
would be appropriate for addressing that request:
1) A plan for preservation of the significant trees on the site, preferably with input from a professional
arborist or commercial landscaper well-versed in this field.
2) A grading/drainage/landscaping plan for improvements to and/or preservation of the lakeshore yard
and shoreline area; should include a stairway as needed to traverse the steep lakeshore yard.
3) A mitigation plan for the excess hardcover on the property;this potentially would incorporate a rain
garden or other features to enhance quality of runoff to the lake.
4) An erosion control plan to be in place during demolition/construction and until new vegetation is
established.
5) Review by City Engineer as to the viability of the overall grading drainage plan; due to.the bluff/steep
slope condition of the site,it may be advisable for applicant to engage a consulting civil engineer to
review slope stability and capacity for accommodating the proposed home.
The above information should be submitted no later than Friday May 11 to ensure placement on the
May 21 agenda.
VOTE: 5 FOR 0 AGAINST
Applicant's next planning commission meeting is tentatively scheduled for: May 21,2012
Planning Commission meetings start at 6:30 pm.
If you desire certified copies of the official Planning Commission minutes,they are available from the
City Clerk after review and approval by the Planning Commission. If you have questions, please contact
Mike Gaffron, Assistant City Administrator, at m�affron@ci.orono.mn.us or at 952-249-4622.
PC Exhibit D
� � O ' Y
O p CITY of ORONO
�4 Municipal Offices
r3 •, .;;. ,'� StreetAddress: MailingAddress:
'�+�� � � ,�,�' 2750 Kelley Parkway P.O.Box 66
,�G Orono,MN 55356 Crystal Bay,MN 55323-0066
��kEsHO�'
April 27, 2012
Yueh Chaun Kung & Carl Tseng
8044 Golden Valley Road
Golden Valley, MN 55427
RE: 1505 Long Lake Boulevard ,.
Land Use Application #12-3551 � .
On March 21, 2012 the City of Orono received your application for a variance at the property
addressed 1505 Long Lake Boulevard and considered the application complete. As a result of
the application being tabled at the April 16, 2012 planning commission meeting, it will not have
an opportunity for City Council review prior to the initial 60-day review period expiration of
May 20, 2012.
This letter is your notification that the City is extending the time period for City action on .
application #12-3551 under Minn. Stat. § 15.99, subd. 3(fl. The time period for action on this
application is extended until July 19, 2012.
Please contact me at 952.249.4620 or cmattson(a�ci.orono.mn.us if you have questions on this
matter.
Sincerely,
. CITY OF ORONO
. ' 1 Y�V 1 v
Christine Mattson
Planning Assistant .
c via email: Impool, LLC
Deneen Schoenke
. Jon Ramey with TJB Homes .
Telephone(952)249-4600•Fax(952)249-4616 ..
www.ci.orono.mn.us
PC Exhibit E
` 1VIINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday,April 16,2012
6:30 o'clock p.m.
choenzeit in ' at it would be an a e entire structur ' need to be cted acc o
uilding co . Scho eit noted ey are w hin the typ' setba for the eighbo ood.
Le ' seconded th abo motion. VO s 5,Nays 0.
4. #12-3551 CARL TSENG&I�M YUEH CHAUN,1505 LONG LAKE BOULEVARD,
VARIANCES AND CONDITIONAL USE PERMIT,7;32 P.M.—9:05 P.M.
Carl Tseng and Kim Yueh Chaun,Applicants;John Romey,Contractor; and Dan Pertinen,Designer,
were present.
Gaffron stated the subject property is just over one-fourth of an acre in the 2-acre zone. The lot was
platted in 1926 and the existing home is presumed to date from that time period. The lot is 99 feet in
width by definition but only 60 feet in functional width. The applicant is requesting the following
approvals for construction of a new residence to replace the existing residence on the property:
,�,3.
1. Lot azea variance to allow construction on a lot of 11,951 square feet where 82,120 square feet is
required;
2. Lot width variance to allow construction on a lot of 99'defined width and 60'functional width
where 200' is required;
3. Side setback variance to allow west side setback of 10.0'where 30'is required;
4. Side setback variance to allow east side setback of 10.4'where 30'is required;
5. Street setback variance to allow street setback of 21.9'where 50'is required;
6. Lakeshore setback variance to allow lakeshore setback of 49.3 feet where 100'is required;
7. Average lakeshore setback variance to allow average lakeshore encroachment of 30'where no
Encroachment is allowed;
8. 0-75'hardcover variance to allow 12.2 percent haxdcover where no hazdcover is normally
Allowed;
9. 75-250'hardcover variance to allow 36.2 percent hardcover where only 25 percent is normally
Allowed;
10. Variance to allow structure within Bluff Impact Zone where no structure is normally allowed;
11. Conditional use permit and variance required for 0-75'grading/filling/excavation in excess of
10 cubic yards.
Portions of the existing home were apparently constructed in the 1920s. The residence is a one-story
walkout with a one-stall detached garage. The applicants propose to remove the existing home and
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garage and construct a new 2-story walkout with attached garage. The property is very steep and a
portion of the property at the northwest corner of the existing house meets the definition of"bluff."
Long Lake is classified as a Recreational Alake by the MnDNR and requires a 100 foot structure setback
from the OHWL. The southwest corner of the existing house is 43.6 feet from the OHWL and the
proposed house will have a setback of 49.3 feet. The increased setback results from a combination of
factors related to the angled shoreline,while the lakeward fa�ade moves south a few feet,the west side
setback increases from two feet to ten feet. The only way to increase the setback from the lake would be
to reduce the size of the proposed house or move it closer to the street,which would require a greater
street setback variance. In many past situations where the required lake setback cannot be met,the city
has approved variances in which at least a 50-foot setback seems reasonable.
The slope on the property decreases from west to east across the properly. The neighboring properly to
the west has slopes in excess of 30 percent and meets the definition of bluff. Only the northwesterly
portion of applicant's property is a bluff,with the 970'contour line defining the top of bluff. It would be
most accurate to say that while the existing house is partly within the defined bluff,the bulk of the
proposed structure is mostly not within the defined bluff but the atta.ched garage will be within the bluff
} impact zone. Staff s primary concern here is with esta.blishment and execution of a grading and drainage
plan for the site that will not impact adjacent properties and will provide slope sta.bility.
Approximately two-thirds of the property is within the 0-75'hardcover zone.Existing 0-75'hardcover is
15.1 percent,of which three/fourths is existing house and the remainder is concrete sidewalks.The
proposed plan reduces the 0-75'hardcover to 12.2 percent by removing virtually all the sidewalks, slightly
decreasing the squaze footage of the house, and adding a small 88 squaze foot deck.
In the 75-250'zone,hardcover is proposed to substantially increase,going from 15.7 percent to 36.2
percent. The increase is a function of a number of factors inherent in the proposed design and includes an
increased house footprint,attachment of a 2-stall garage,addition of driveway to serve the attached •
garage, and providing an acceptable setback from the street to the house.
Total proposed hardcover is 2,492 square feet or 20.8 percent. Of this amount, 1,794 square feet is in
structure and 712 square feet is in driveway, stoop and sidewalk. Potential revisions of the proposal to
reduce the amount of hazdcover each have their plusses and minuses.
The house could be reduced in size. The 15 percent lot coverage standard is a limit and not an allowance.
The applicant by code is allowed 1,500 square feet of structure regardless of lot size but limited to 15
percent.
The attached garage could be relocated to the east half of the house rather than the west half. The street
setback to the house/garage would decrease,but the driveway would be shorter. This would likely result
in less off-street parking availability. The amount of fill needed to accommodate the driveway would
likely decrease. Likewise,construction of a deta.ched garage instead of attaching it would potentially
have similar impacts. '
Potential methods of mitigation the hardcover excesses could be explored, such as directing as much
runoff as possible to a rain garden located in the relatively flat area near the shore or requiring that a
shoreline buffer be established.
The Planning Commission should note the following:
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1. There is an existing well located in the middle of the proposed driveway. This well likely will
have to be abandoned and a new one constructed if the driveway location does not move.
2. According to City records,the property has never been connected to the municipal sewer. The
future connection will be via a privately owned grinder station, as the existing and proposed •
houses are below the gravity line in the street. The 1-1/2" service line dedicated for this use is
just inside the west property boundary.
3. An existing storm sewer catch basin in the right-of-way adjacent to the existing garage discharges
to a 12"pipe below the east lot line. There is a 10'easement along the esat side lot line for this
pipe,which discharges at the base of the slope. Pending confirmation that this easement is of
record,the applicant is advised that no structure, including cantilevers and roof overhangs,will be
allowed to encroach within that easement.
4. A number of mature trees exist on the property, as well as very nearby on the adjacent properties.
There are two large mature oaks lakeward of the house in the 0-75'zone and these must be
protected at all costs. An additional mature oak in the 0-75'zone on the property to the west
overhangs the applicant's existing house and is potentially at risk if it conflicts with the
proposed house. Additional mature oaks and ash trees in the street yazd are at risk under the
current proposal.
5. The proposed house appears to meet the City's established height limitations of 30'and 2-1/2
stories. However,the plans provided to date are sketches only. Height limitations will have to
be analyzed once final plans are submitted with the building permit, and no variances will be
granted to those limitations.
6. Long Lake Boulevard is a narrow dead-end street with minimal availability for on-street parking.
Parking of construction vehicles is likely to be difficult at best,and the applicant should be
forewarned that construction may have to involve shuttling from off-site.
Gaffron stated the applicant is proposing to use the property for residential purposes,which is permitted
by ordinance. The question then is whether the proposal for that use is reasonable given the unique and
somewhat extreme site characteristics.
The property was platted before existing codes were enacted,and many of the existing improvements
were established prior to current codes. These circumstances are unique and not created by the
landowner. �
Granting of the variances will alter the essential character of the locality is subjective. The proposed
house to be constructed is significantly different in character than some neighboring homes but is similar
to others. Other homes along the street are similarly located near the road at the top of or within a bluff -
feature. The Planning Commission will have to determine whether the neighborhood chazacter will be
altered.
Reasonable use of the property requires some level of variances to various code requirements. Economic
, considerations will not be a practical di�culty as long as some reasonable use of the property is allowed.
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. Monday,Apri116,2012
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The conditions applying to this properly are somewhat unique in that few areas of the City have e�usting
structures on slopes as steep as this, and most properties in the LR-lA district are larger than this site.
Some neighboring properties to the immediate west along the south side of Long Lake Boulevard are
' similar in character to this lot. All other properties in Orono's LR-lA zoning district are required to
adhere to the same requirements that this property must adhere to. � �
Granting of some level of variances is necessary for the preservation and enjoyment of a substantial
property right of the applicant. However,the applicant does have the right to reconstruct the existing
structures in-kind.
The granting of some level of variances is not likely to impair health, safety,comfort,morals or be
contrary to the intent of the code. Finally, granting of some level of variances appears to be necessary to
alleviate demonstrable difficulty and will not merely serve as a convenience to the applicant.
The Planning Commission should consider the following issues:
��;;_
� 1. Does the Planning Commission find that the applicant proposes to use the subject 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
chazacter of the neighborhood?
3. Is the proposed house appropriately sized or should it be reduced,perhaps to the 1,500 square
foot minimum allowance, in order to reduce the impacts and the degree of associated variances?
4. Are the proposed hardcover levels acceptable, or should they be reduced to more closely match
City standards? Can the site layout be modified to reduce the magnitude of variances? Should
the hardcover levels be subject to mitigation?
5. Does the Planning Commission conclude that the average setback variance is acceptable
because neighboring lake views aze not impacted?
Staff recommends the following:
1. Staff recommends approval of the lot area and width variances.
2. Staff recommends approval of 0-75' and 75-250' hardcover variances at a level the Planning
Commission finds acceptable. If reductions from the current proposed levels are recommended,
then a revised site plan and house plan should be requested. Staff recommends that mitigation
measures be required for excessive hardcover on the site.
3. Staff recommends approval of the requested side setback variances, subject to establishment of
a grading and drainage plan acceptable to the City Engineer and subject to no'encroachment of
the east side 10' drainage and utility easement by overhangs, cantilevers,or other structure.
4. Staff recommends approval of lake setback and street setback variances as proposed, subject to
any revisions needed if hardcover must be reduced.
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5. Staff recommends approval of the average lakeshore setback variance as proposed.
6. Staff recommends approval of a variance to allow structure within the defined bluff impact zone
subject to establishment and execution of a grading and drainage plan for the site that will not
impact adjacent properties and addresses any slope stability concerns. Any reta.ining walls
four feet in height or greater will require submitta.l of plans designed by a structural engineer.
7. Staff recommends approval of a CUP and variance for grading/excavation/fill within the 0-75'
zone, subject to a final grading and drainage plan that addresses any City Engineer concerns
regarding slope stability; subject to adherence to the City's erosion control regulations as well as
the permitting requirements of the MCWD. Timely re-vegetation and stabilization will be a
requirement of the permitting process.
8. The applicant shall take all necessary measures to ensure the survivability of the mature trees
within the 0-75' protected azea.
9. The applicant is advised of street parking limitations during the construction process.
Schoenzeit asked if Staff has an overhead of the proposed setback versus what currently exists.
Don Pertinen,Designer,pointed out the existing house on the overhead, and indicated they would start at
the same setback as the existing house. The proposed home will be no closer to the lake than the existing
house.
Schoenzeit stated as it relates to the side elevations,there appears to be a fair amount of the foundation
sticking out of the ground. Schoenzeit asked if that meets City Code.
Gaffron indicated it does. Because the garage is unexcavated underneath,it would not be counted as part
of the perimeter. Staff looks at how much of the side,reaz,and front walls of the perimeter have at least
six feet or less exposure based on existing grade. Staff has done that analysis with both the proposed
house and the existing house, and the applicants just meet that standazd.
Leskinen asked if the house to the west is a two-story.
An unidentified lady in the audience indicated it is a two-story and it has a basement.
Gaffron depicted an aerial photograph of the house to the west on the overhead.
Landgraver asked if the grading will be raised at the property line to capture the runoff.
Gaffron displayed photographs of the existing house and property and pointed out the existing setback
and the proposed setback from the street. Gaffron illustrated how the drainage is proposed to work
following construction,and noted that a shallow drainage ditch will be constructed down the property
line,which may or may not work. The intent is not to have drainage into the house but that it is likely
some of the runoff will go on to the neighbor's property.
Thiesse commented it appears that the drainage will be captured along the property line. Thiesse asked
whether any of the catch basins and pipe to the lake can be utilized.
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D�IINUTES OF TI� "
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Monday,Apri116,2012
6:30 o'clock p.m.
Gaffron sta.ted to his knowledge they will not be able to have the driveway utilize the catch basin due to
the elevations. Gaffron stated he is not aware of another catch basin near the garage.
Thiesse commented it appears there is another catch basin near the mailbox on the other side of the street
and that the applicant is proposing to divert a lot of the runoff along both property lines. Thiesse stated it
� may be necessary to utilize the catch basins given the steep slope.
Levang asked where the new well would be located.
Gaffron pointed out the sewer line that would be connected to a grinder pump. The well could perhaps be
located somewhat east of the driveway but that there could be issues with drainage. Gaffron stated it is
his belief that a location for-a new well can be found on the property.
Levang asked if the applicants will need to back out of the driveway onto the road.
Gaffron stated�they would need to back out of the driveway and noted that this street is not well traveled „
and that Staff does not have a concern with that. �
Levang asked if the driveway could be narrowed. �
Gaf&on stated the driveway could be narrowed but that Long Lake Boulevard is an extremely narrow
street with no on-street parking. With the driveway as proposed,the property owner might be able to
stack four cars in the driveway in addition to two in the garage.
Levang asked as it relates to the stairs down to the lake,how much hardcover that would consist of.
Gaffron indicated it would probably be a couple hundred square feet and that it is allowed hardcover in
the 0-75 foot zone.
The applicant had nothing to add to Sta.ff s report.
Chair Schoenzeit opened the public hearing at 8:08 p.m.
Kurt Greenley, 1485 Long Lake Boulevaxd, stated Staff was very mindful of the issues in the
neighborhood when reviewing this application. Greenley stated at the time the sewer was installed
approximately 15 years ago,the road was expanded somewhat,which is an invitation for people to pazk
there. The City installed no parking signs along the street but recently one of the no parking signs was
removed. The road has safety issues,and due to the narrowness of the street,vehicles need to turn around
in people's driveways. Greenley stated in his view Staff has done a good job of addressing that.
Greenley stated shortening the driveway or decreasing the width of the driveway is not a good idea since
a wider driveway would accommodate guests. The snow plow people also need to utilize a special snow
plow due to the narrow width of the street. Crreenley noted one of the suggestions that is being considered
�is whether the driveway ought to be moved further to the east,which would be a mistake because there
would be si�c homes emptying out into the street in that same area. Having the driveway in the location
proposed by the contractor is safer. Greenley noted he does need to back out into the street, which is not
a serious problem.
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Greenley noted he does have a large lot and that he has kept hardcover on his lot to a minimum.
Approximately half of the driveways in the area are not blacktopped. Greenley noted with this proposal
the side lot setback will be moved closer to his property and that he understand the need for that,but that
he would like to see, in exchange for allowing the variance,that there be no temporary structures,dog
kennels or storage allowed in that 10-foot area. Greenley noted there will be 60 feet between his house.
and this house,but that 50 feet is located on his property. Greenley stated in his view the house may be a
little too large for the lot given its small size and topography.
Chair Schoenzeit closed the public hearing at 8:14 p.m.
Schoenzeit asked how long the proposed driveway is.
Gaf&on indicated it is approximately 38 feet to the roadway from the garage.
Schoenzeit noted it is at the minimum size to accommodate four cars.
Thiesse stated that°�a nonconcrete or nonblacktop driveway would not be good for this property as it ��
relates to the runoff given the slopes.
Schoenzeit stated the question is how this properry will handle its drainage. Schoenzeit asked whether the
City has heard from the neighbor to the west.
Gaffron indicated he has not heard anything from that property owner and that there is potentially more
runoff with this proposal that would be directed towards that properry than what currently e�sts. Gaffron
indicated the applicant is attempting to divert the runoff from the neighbor's property.
Leskinen asked what the footprint is for the existing home.
Carl Tseng sta.ted it is 1,833 square feet with the garage.
Gaffron stated Exhibits C and D show the house and garage. The existing house consists of 1,065 square
feet. The garage consists of 252 square feet. The proposed house would be 1,692 square feet. The
proposed house is bigger,with the footprint for the proposed house and garage being approximately 1,700
square feet.
Leskinen asked if the total footprint of the house and garage is 1,794 square feet.
Gaffron indicated that would also include the deck,which is considered structural coverage.
Leskinen noted it would be a slightly bigger home than what currently exists.
Gaffron stated if you take into account the attached gaxage, it would be slightly�bigger.
Schoenzeit stated any overhangs on the east and west sides would also need to be taken into account.
Schoenzeit asked whether they would still be allowed a two-foot overhang.
Gaffron noted on the east side of the house there is a 10-foot easement and that Staff is recommending
there be no encroachment of overhangs, eaves, or cantilevers on that side of the house. The standard
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Monday,Apri116,2012
6:30 o'clock p.m.
would be 30 feet for the setback. Gaffron stated with the granting a 10-foot setback where there is a 3U-
foot requirement,the Planning Commission should understand exactly what is being proposed for
overhangs on that side of the house.
Schoenzeit noted that in a conforming situation on a 10-foot setback,they allow a two foot overhang.
Thiesse noted it is a drainage easement and that the issue is with maintenance of the pipe and the need to
use heavy equipment. Thiesse stated the overhang would be 30 feet in the air.
Gaffron stated the workers would need to be mindful of any overhang and that Staff would prefer no
encroachments into that 10-foot area.
Schoenzeit noted the pipe is not directionally bored.
Gaffron stated that pipe has been there for approximately 15 years and is a 15-inch pipe.
Thiesse stated the applicant can have a 1.4 foot overhang on that side.
John Romey,Contractor,stated they would likely go with a one-foot overhang. �
Gaffron stated the bump out on the other side of the house would also need to be taken into account.
Schoenzeit asked if the deck is included in the hardcover calculations.
Gaffron indicated it is.
Schoenzeit stated it appears that a couple of the trees will need to be removed as part of the construction,
which will have an impact on the 0-75 foot zone.
Gaffron noted one of the trees that will be impacted is located on the neighbor's property,which is an
issue.
Leskinen commented that this is a challenging lot and that the house may be too big for the lot.
Schoenzeit asked what the other setbacks in the neighborhood are like.
Gaffron stated some of the homes have a 10-foot setback and that the house directly to the west has a 10
to 15-foot setback. Gaffron commented it appears the setbacks in the area vary depending on the lot size.
Levang asked if the applicant is willing to reduce the size of the house.
Pertinen stated in their view they are proposing a reasonable size home and that they have reduced the
home down based on the 15 percent and comments from Staff. Pertinen noted they are creating less of an
issue with drainage on one side of the lot by tipping the angle of the driveway and that the grades will
remain as close as possible to the existing grades. Pertinen stated in his view the drainage will be �
improved following this project.
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Monday,Apri116,2012
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Schoenzeit commented each of the requests is reasonable on its own but that they do stack up and create
issues.
Pertinen commented a two-car garage is a necessity.
Schoenzeit stated the other issue is the sta.irs to the lake and asked if the applicant is proposing any
improvement of the lakeshore. �
Tseng stated they have not considered that and that purchase of the property is dependent upon approval
of the application.
Schoenzeit stated the hardcover for the stairway to the lake should be included in the 0-75 foot zone
hardcover numbers and that there appears to be some improvements needed for the lakeshore.
Pertinen indicated they have not addressed that. Pertinen sta.ted they understand that 11 variances is quite
a lot but that this is a difficult lot to work with. The applicant is attempting to minimize costs at this point
to see whether the Planning Commission would be receptive to this proposal.
Landgraver noted a straight staircase down to the lake would direct the runoff directly into the lake.
Romey stated they would welcome any recommendations of the Planning Commission.
Thiesse asked if any plans have been submitted as it relates to erosion controls.
Gaffron stated that typically is submitted at the time of building permit application.
Schoenzeit stated there is nothing preventing the neighbor from storing a boat in that area of his property
and that it would be diff'icult for the Planning Commission to restrict storage in the setback area on this
property.
Gaffron stated City code states storage must be kept five feet from the property line and that any
prohibition of storage within 10 feet of the property line would need to be a special condition placed on
the approval. Gaffron commented that condition would also be diff'icult to enforce. Gaffron stated
structures would not be allowed in the easement and would be at risk of being removed by the City.
Thiesse commented typically those things remain in the easement until the City is required to do some
work in that area.
Schoenzeit stated the City has no regulations preventing storage on that side of the house.
Gaffron stated it is impossible for City Staff to monitor whether a boat is being stored in that area on a
� �� temporary basis or any other temporary storage that might be in that area. x
Schoenzeit stated the issue of storage should be addressed but noted the Planning Commission has no
way to prevent the applicant from utilizing that area for storage.
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Monday,Apri116,2012
6:30 o'clock p.m.
Landgraver stated there have been some good faith efforts by the contractor to design something that
would fit on the lot and that the comments from the neighbors are positive about adding additional
hardcover to the driveway. The Planning Commission would have to defer erosion control.
Schoenzeit stated that erosion control would need to comply with any recommendations of the City
Engineer.
Thiesse asked if this site is more unique than most and would require more attention to erosion control.
Gaffron stated the slope is quite steep and has potential drainage issues that need to be addressed and built
into the design.
Schoenzeit stated a strong preliminary recommendation would be that the erosion would need to be
addressed prior to this application going to the City Council so the applicant is well awaze of what needs
to be done prior to purchase.
Levang noted the permitting from the MCWD has also not been obtained at this point.
Gaffron indicated that normally is not done until a building permit application is submitted.
Thiesse noted that on-street parking is also not allowed during construction.
Leskinen asked if the application should be tabled pending submittal of a landscape and erosion plan or
whether that information can be submitted prior to the application going before the City CounciL
Schoenzeit stated in his view the Planning Commission does not need to review that information but that
the applicant will need to make a good faith effort to design those plans, and until that submittal occurs,
the application should not go forward to the City Council. Schoenzeit sta.ted those plans should also be
reviewed by the City Engineer before the application goes to the City Council.
Leskinen asked if there are any concerns with the size of the proposed house.
Levang indicated�she has concems with the size.
Leskinen commented in her view it is too much home for this lot. �
Levang stated she also has concerns with the erosion and how stable the slope will be following
construction. Levang stated she would like cleanup of the lakeshore to be more specific and exactly what
Staff would like to see occur in that area.
Gaffron stated this is the type of site where the area would be regarded and then resodded. In some cases
that happens a year or two after tlie construction of the home,but on this site it should be done prior to the __
project being completed. There are a variety of things that a future owner will need to do and those
should probably be addressed now.
Schoenzeit commented submittal of a lakeside improvement plan can be made a condition of the
approval. Schoenzeit asked what size house the Planning Commission is looking at.
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Leskinen asked if shoreline native vegetation would help filter some of the drainage issues.
Thiesse stated that is why he would like some sort of a landscape plan submitted.
Schoenzeit suggested the applicant present to the City Council a detailed landscape and drainage plan to
help mitigate the level of variance being requested.
Pertinen sta.ted the applicant has a concern with designing some of this and incurring that expense before
going to the City Council without some indication by the Planning Commission that the application will
be approved.
Schoenzeit commented that is a fair question,but at the same time the applicant is asking for quite a bit
and there is some faith on the City's part that the applicant is willing to spend above average to mitigate
these issues. Schoenzeit stated having a plan that the applicant is willing to commit to is a fair request on
the part of the City. .
Pertinen stated if they redesign their plans,they would like some assurance that it will be approved.
Schoenzeit commented that perhaps this application needs to be tabled so the applicant can address some
of these issues. �
Gaffron asked whether the Planning Commission is willing to provide a number of square feet that would
be allowed for the residence.
Leskinen indicated she does not have a specific number but that she has a concern with this large of a
house on this lot. Leskinen noted that 1,500 square feet is the amount the City can require.
Thiesse noted that 15 percent is also a number that the City can require,which is what the applicant is at.
Landgraver stated on a percentage basis,the number they are proposing fits within the City's
requirements.
Thiesse stated there are a number of issues with the slope of the lot and that he would like to see those
addressed in an erosion control plan. Thiesse commented he is not sure if this site warrants something
more than what the City typically requires.
Schoenzeit stated it appears the Planning Commission believes the building envelope is at the edge of
acceptable,and if the applicant were to come back before the Planning Commission with an erosion plan,
grading plan,and landscaping plan to show what the applicant is willing to commit to,the plan could
receive a recommendation to proceed. Schoenzeit stated at this point he would recommend that the
application be tabled and that the applicant work with Staff and the City Engineer to design something
that mitigates what is being requested. - �
Deenen Schanke, 1505 Long Lake Boulevard, stated she is the present owner of the property and that she
has had problems selling the property in the past because no one wants to buy the property due to the
City's regulations. Schanke noted the drainage being proposed will help the property.
Leskinen asked if Thiesse would like the application tabled.
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Monday,April 16,2012
6:30 o'clock p.m.
Thiesse stated in his view the Planning Commission would be remiss in sending this forward due to the
lack of information. Thiesse commented he does not need a full plan but that some more specifics would
be helpful. �
Cazl Tseng,Applicant,asked if the size of the house is going to be an issue.
Levang commented it appears the size of the house is acceptable.
Tseng stated that Kim Yueh Chaun has already spent$7,500 on this application and that they do not want
to spend a considerable amount of money on plans if the application is not going to be approved.
Gaffron noted the next Planning Commission meeting is scheduled for May 21 and that it would go to the
City Council the second Monday of June.
Schoenzeit sta.ted in that time frame the applicant can complete the preliminary engineering to meet the
recommendations of the City Engineer. Schoenzeit recommended the application be tabled.
City Council Member Rahn commented it would be very helpful to have the applicant's engineer meet
with the City Engineer. � .
Leskinen stated she is comfortable with the size of the proposed home and other recommendations of
Staff.
Schoenzeit stated it appears the Planning Commission is recommending the application be tabled to allow
the applicant time to meet with Staff and the City Engineer to see if some of these issues can be resolved.
Thiesse asked who would review Item No. 6.
Gaffron indicated it would be the City Engineer.
Levang moved,Schoenzeit seconded,to table Application#12-3551,Carl Tseng&Kim Yueh
Chaun, 1505 Long Lake Boulevard,subject to Staff recommendations and the submittal of an •
erosion control plan,landscaping plan,vegetation mitigation plan,and a tree preservation plan.
VOTE: Ayes 5,Nays 0.
. #12-3552 JIlVI AND SHERRY WffiTE,3516 IVY PLACE,VARIANCE,9• . .—9:23
P.M.
Jim and�Sherry White, icants,were present.
Gaf&on stated the applicants are requ cover vaziance to allow the conshuction of a deck on
the lake side of the home. The deck ' e c letely within the 75-250' hardcover zone. With
concurrent proposed hazdcov movals,the 0-75 o rdcover will decrease from 6.3 percent to 7.5
percent and 75-250' over will decrease from 47.5 perc 45.9 percent.
The exist' ome, a one-story walkout,was constructed in 1953. It is loca ext to a property that is in
the ess of being rebuilt. The applicants applied for a building permit in Janua this year to
Page
21
� PC Exhibit F
Date Application Received:03/21/12
Date Application Considered as Complete:03/21/12
Initial 60-Day Review Period Expires: 05/20/12
To: Chair Schoenzeit and Planning Commission Members
' Jessica Loftus, City Administrator �
From: Michael P. Gaffron,Asst. City Administrator
Date: April 11, 2012
Subject: #12-3551,Yuehchuan Kung on behalf Impool, LLC, 1505 Long Lake Boulevard
■ Variance
■ Public Hearing
------------------------------------------------------------------------------------
Zoning District: LR-1A Single Family Lakeshore Residential, 2 acre/200'
Lot Area: 11,951 square feet(0.27 acre)
Lot Width: 99'
Application Summary: The applicant is requesting the following approvals for construction of a
new residence to replace the existing residence on the property:
1) Lot area variance to allow construction on a lot of 11,951 s.f where 87,120 s.f. is required.
2) Lot width variance to allow construction on a lot of 99' defined width and 60' functional width
where 200' is required.
3) Side setback variance to allow west side setback of 10.0'where 30' is required.
4) Side setback variance to allow east side setback of 10.4' where 30' is required.
5) Street setback variance to allow street setback of 21.9'where 50' is required.
6) Lakeshore setback variance to allow lakeshore setback of 49.3' where 100' is required
(Recreational Lake Classification).
7) Average lakeshore setback variance to allow average setback encroachment of 30' where no
encroachment is allowed.
8) 0-75' hardcover variance to allow 12.2%hardcover where no hardcover is normally allowed.
9) 75-250' hardcover variance to allow 36.2%hardcover where only 25%is normally allowed.
10) Variance to allow structure within Bluff Impact Zone where no structure is normally allowed.
11) CUP&variance required for 0-75' grading/filling/excavating in excess of 10 c.y.
Staff Recommendation: Staff recommends approval subject to conditions (see staff
recommendation at end of report). -
Pertinent Zoning Ordinance Sections
78-330 Lot Width,Area and Setback Regulations
78-966 Land Alteration
78-967;:Exception .;�-
78-1279 Lakeshore Setback,Average Lakeshore setback
78-1283 Steep Slopes
78-1286 Topographic alterations/grading and filling.
78-1288 Hardcover limitations
78-1403 Lot Coverage
12-3551 �
April 11,2012
Page 2 of 9
List of Exhibits
ExhibitA. Application �
Exhibit 8. Practical Difficulties Form
Exhibit C. Survey- Existing Conditions
Exhibit D. Survey- Proposed Conditions
Exhibit E. Hardcover Calculation Worksheets
Exhibit F. Site Photos/Airphoto/Bing Photo/Neighborhood/Topography
Exhibit G. Proposed Conceptual Building Plans � �
Exhibit H. Staff Bluff Analysis
Exhibit 1. Municipal Sewer and Storm Sewer As-built Map
ExhibitJ. City Code Sections
Exhibit K. Area Map
Exhibit L. Property Owners List
Background
The existing home, portions apparently constructed in the 1920s, is a one-story walkout with a one-
stall detached garage. Applicants propose to remove the existing home and garage and construct a
��L; new 2-story walkout with attached garage. The property is very steep and a portion of the property
� � at the northwest corner of the existing house meets the definition of`bluff'. '
---------------------------------------------------------------------------------------
� LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-1B Required Actual
Lot Area 2.0 acres 0.27 acre (11,951 s.f.)
Lot Width 200 feet 99 feet (60' perpendicular to side lot lines)
Setbacks• -
LR-1A Required Existing - Proposed
Lakeshore(Recreational Lake Classification) 100' 43.6' 49.3'
Rear/Street 50' 37' house 22�att.garage
-1.6' det.garage
West Side 30' 2.2' 10.0'
East Side 30' 17.5' 10.4'
Average Lakeshore Setback Encroachment 0' 35' 30'
Top of Bluff (Westerly portion of lot) 30' (In the bluff) (In the bluff)
StructuralCovera�e:
Lot Area(Home Site) Limit Existing Proposed
11,951 s.f. 1,793 s.f. (15%) 1,317 s.f. (11.1%) 1,794 s.f. (15.0%)
Hardcover:
Hardcover Total Area in Allowed Hardcover Existing Hardcover Proposed Hardcover
Zone Zone
0'-75' 7,644 s.f. 0 s.f. (0%) 1,157 s.f. (15.1%) 933 s.f. (12.2%)
75-250 4,306 s.f. 1,077 s.f. (25%) 678 s.f. (15.7%) 1559 s.f. (36.2%)
� 12-3551
Aprii 11,2012
Page 3 of 9
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Variances Review
Lot Area/Width. The existing lot is just over 1/4 acre in the 2-acre zone. The lot was platted in 1926
and the existing house is presumed to date from that time period. The lot is 99 feet in width by
definition (parallel to the shore) but only 60 feet in functional width. The properties on either side
are developed with single family homes, so no additional land is available. The applicants have the
` right to rebuitd `in kind', but wish to do a total rebuild in a different shape, size and location, hence •
the need for lot area and width variances.
Lake Setback. Long Lake is classified as a Recreational Lake by the MnDNR and requires a 100'
structure setback from the OHWL. The SW corner of the existing house is 43.6 feet from the OHWL,
and the proposed house will have a setback of 49.3 feet. The increased setback results from a
combination of factors related to the angled shoreline; while the lakeward fa�ade moves south a
few feet, the west side setback increases from 2 feet to 10 feet. The only way to increase the
setback from the lake would be to reduce the size of the proposed house or move it closer to the
street (which would require a greater street setback variance). In many past situations where the
required lake setback cannot be met, the City has approved variances in which at least a 50' setback
is met - the proposal to have all but a small corner of the house meeting a 50' setback seems=�=`
reasonable.
Street Setback. The existing home is 37' from the street lot line, with its main floor about 14 feet
lower than street level. The existing one-stall detached garage sits up by the road, and actually
encroaches into the platted right-of-way by 1.6 feet. This garage is proposed to be removed, and
the proposed home will have an attached 2-stall garage located approximately 2 feet below street
level.The new home and garage will have a setback of 21.9 feet from the street lot line. This is not
unlike other homes along Long Lake Boulevard, due to the steep topography from the street to the
lake. While the street setback could be increased by tucking more of the garage into the house
footprint,the current layout creates additional off-street parking not available to the existing home,
and off-street parking is a necessity on Long Lake Boulevard.
Side Setbacks. While the existing home is only 2 feet from its west side lot line,the proposed home �
will be centered on the lot, with 10' setbacks on either side. The increased setback from the west
lot line affords an opportunity to direct drainage from the new driveway and attached garage
southward within the property boundaries, at least along the area of new construction, rather than
directing it onto the neighboring property. The grading plan shows a swale to be constructed
within that 10-foot setback; care will be needed to ensure that this swale is established accurately
and correctly to be functionaL
The east side setback decreases from about 17 feet to just over 10 feet. Because the neighboring
home to the east sits about 50 feet from this shared lot line, and because drainage from that
property generally heads toward applicants site, the impacts of the decreased east side setback are
minimal. _
Avera�e Lakeshore Setback. The existing average lakeshore setback line runs through the
streetward half of the existing house, and will run through the midpoint of the proposed house.
Views of the lake enjoyed by the neighboring home to the west will be slightly increased. Views of
the lake enjoyed by the home to the east will be slightly decreased (from side windows only). In
general there is very minimal impact from the average setback encroachment.
12-3551 '
April 11,2012
Page 4 of 9
BIufF Impacts. Per Exhibit H, the slope percentage decreases from west to east across the property.
The neighboring property to the west has slopes in excess of 30% and meets the definition of bluff,
but only the northwesterly portion of applicant's property is a bluff, with the 970' contour line
defining the top of bluff. It would be most accurate to say that while the existing house is partly
within the defined blufF, the bulk of the proposed structure is mostly not within the defined bluff,
but the attached garage will be within the bluff impact zone. Staff's primary concern here is with
establishment and execution of a grading and drainage plan for the site that will not impact adjacent
properties and will provide slope stability. See discussion below under Grading&CUP Review.
Structural Lot Covera�e. The applicant has revised the originally submitted plans to reduce the
proposed structure to meet the 15%structural coverage limit of 1,794 s.f. No variance is necessary.
Hardcover. Approximately 2/3 of the property is within the 0-75' hardcover zone. Existing 0-75'
hardcover is 15.1% of which 3/4 is existing house and the remainder is concrete sidewalks. The
proposed plan reduces the 0-75' hardcover to 12.2% by removing virtually all the sidewalks, slightly
decreasing the square footage of house, and_adding a small 88 s.f. deck.
In the 75-250' zone, hardcover is proposed to substantially increase, going from 15.7% to 36.2%.
� The increase is a function of a number of factors inherent in the proposed design: 1) Increased
house footprint; 2) attachment of a 2-stall garage; 3).addition of driveway to serve the attached
garage; and 4) providing an acceptable setback from the street to the house.
Total proposed hardcover is 2492 s.f. or 20.8%. Of this amount, 1794 s.f. is in structure and 712 s.f.
is in driveway, stoop and sidewalk. Potential revisions of the proposal to reduce the amount of
hardcover each have their plusses and minuses.
- The house could be reduced in size. Remember that the 15% lot coverage standard is a limit,
not an allowance. The applicant by code(78-1403) is allowed 1500 s.f.of structure regardless of
lot size, but limited to 15%(1,794 s.f.).
- The attached garage could be relocated to the east half of the house rather than the west half.
The street setback to the house/garage would decrease, but the driveway would be shorter.
This would likely result in less off-street parking availability. The amount of filling needed to
accommodate the driveway would likely decrease. Likewise, construction of a detached garage
instead of attaching it would potentially have similar impacts.
Potential methods of mitigating the hardcover excesses could be explored, such as directing as
much runoff as possible to a raingarden located in the relatively flat area near the shore; or
requiring that a shoreline buffer be established.
Conditional Use Permit Review
Grading,filling or excavating more than 10 cubic yards of material within 75'of the lake is prohibited
per Section 78-1286; because the proposed site grading plan will involve more than 10 c.y. of earth
movement, a conditional use permit and variance are required. The grading plan involves
excavating for the new house foundation; excavating lakeward of the house to create a walkout
situation; grading swales either side of the house and garage; and filling streetward of the house to
establish a grade for the driveway.
� 12-3551
April 11,2012
Page 5 of 9
The lower level of the house appears to meet the criteria to be considered as a basement. The
garage is not proposed to have excavated space below it, but will require'an interior fill depth of 10-
12', and require a retaining wall at the northwest corner potentially as much as 6' in height, which if
over 4' will require an engineered design. It may be difficult to accomplish the proposed drainage
plan along the northwest corner of the proposed house/garage; staff would recommend that the
applicant slope the driveway so that a majority of its runoff drains to the east side, to reduce the
potential impact on the neighbor to the west. Erosion control during construction will also be
� critical as the property naturally drains toward the property to the west.
Zoning Code Sections 78-916 and 78-1286(e) provide guidance for the granting of a conditional use
permit. Specifically,78-1286(e) states the following:
(1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to
determine how extensively the proposed activity would affect the following functional qualities of
the wetland: Not applicable.
(2) Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible. The applicant will be
required to adhere to the City's erosion control regulations as well as the permitting requirements
of the MC1ND. � `�'-
(3) Mulches or similar materials must be used,where necessary,for temporary bare soil
coverage, and a permanent vegetation cover must be established as soon as possible.The applicant
will be required to adhere to the City's erosion control regulations as well as the permitting
requirements of the MCWD. Timely re-vegetation and stabilization will be a requirement of the
permitting process.
(4) Methods to minimize soil erosion and to trap sediments before they reach any
surface water feature must be used. The applicant will be required to adhere to the City's erosion
control regulations as well as the permitting requirements of the MCWD. Timely re-vegetation
and stabilization will be a requirement of the permitting process.
(5) Altered areas must be stabilized to acceptable erosion control standards consistent
with the field office technical guides of the local soil and water conservation districts and the United
States Soil Conservation Service. The applicant will be required to adhere to the City's erosion
control regulations as well as the permitting requirements of the MCWD. Timely re-vegetation
and stabilization will be a requirement of the permitting process.
(6) Fill or excavated material must not be placed in a manner that creates an unstable
slope. The proposed fill to create the driveway for the attached garage, as well as the associated
retaining wall, will have'to be reviewed by the City Engineer at the time a building permit is
requested. The stability of the finished grade will be component of the approval of the permits.
(7) Plans to place fill or excavated material on steep slopes must be reviewed by the
city engineer for continued slope stability and must not create finished slopes of 30 percent or
greater. Applicant's grading plan proposes some short slopes in excess of 30%. Some of these
drain toward neighboring properties. This concern must be addressed in order for the proposed
grading plan to be approved.
(8) Fill or excavated material must not be placed in bluff impact zones. Fill for portions
of the driveway will be within the defined bluff impact zone,and is proposed with a finished slope
of greater than 30%. The City Engineer will have to review the grading plan in detail to determine
whether slope stability is an issue.
12-3551 <
April 11,2012
Page 6 of 9
(9) Any alterations below the ordinary high water level of public waters must first be
authorized by the commissioner of the department of natural resources under Minn. Stat. §
103G.245. Not applicable.
(10) Alterations of topography must only be allowed if they are accessory to permitted
or conditional uses and do not adversely affect adjacent or nearby property. The alterations
proposed are related to removal of the existing house and construction of a new house. While
this is consistent with the redevelopment of the property for residential use, there are potential
impacts to the adjacent property that must be addressed.
(11) Placement of natural rock riprap, including associated grading of the shoreline and
placement of a�Iter blanket, is permitted if the finished slope does not exceed three feet horizontal
to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water
level, and the height of the riprap above the ordinary high water level does not exceed three feet. A
riprap permit shall be obtained per the requirements of section 78-969. At this time the applicant
is not requesting any shoreline improvements.
Additional Items of Note
• There is an existing well located in the middle of the proposed driveway. This well likely will
have to be abandoned and a new one constructed if the driveway location does not move.
• According to City records, the property has never been connected to the municipal sewer.
The future connection will be via a privately owned grinder station, as the existing and
proposed houses are below the gravity line in the street. The 1-1/2" service line dedicated
for this use is just inside the west property boundary.
• An existing storm sewer catch basin in the right-of-way adjacent to the existing garage
discharges to a 12" pipe below the east lot line. There is a 10' easement along the east side
lot line for this pipe, which discharges at the base of the slope (see Exhibit I). Pending
confirmation that this easement is of record, the applicant is advised that no structure,
including cantilevers and roof overhangs,will be allowed to encroach within that easement.
� A number of mature trees exist on the property, as well as very nearby on the adjacent
properties. There are at two large mature oaks lakeward of the house in the 0-75' zone,and
these must be protected at all costs. An additional mature oak in the 0-75' zone on the
property to the west overhangs the applicant's existing house and is potentially at risk if it
conflicts with the proposed house. Additional mature oaks and ash trees in the street yard
are at risk under the current proposal.
• The proposed house appears to meet the City's established height limitations of 30' and 2-
1/2 stories; however, the plans provided to date are sketches only. Height limitations will
have to be analyzed once final plans are submitted with the building permit, and no
variances will be granted to those limitations.
• Long Lake Boulevard is a narrow dead-end street with minimal availability for on-street
parking. Parking of construction vehicles is likely to be difficult at,best, and applicant is
forewarned that construction may have to involve shuttling from off-site.
, 12-3551
April 11,2012
Page7of9
Practical Difficulties Statement
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
In considering applicvtions 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 wi►ere their strict enforcement would cause�practical difficulties
because of circumstances unigue to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code.
Staff Review- Practical Difficulties
The property owner is proposing to use the property for residential purposes, which is permitted by
ordinance. The question then is whether the proposal for that use is reasonable given the unique
and somewhat extreme�site characteristics.
The property was platted before existing codes were enacted, and many of the existing
improvements were established prior to current codes. These circumstances are unique and not
created by the landowner.
Whether granting of the variances will alter the essential character of the locality is subjective. The
house proposed to be constructed is significantly different in character than some neighboring
homes, but is similar to others. Other homes along the street are similarly located near the road at
the top of or within a bluff feature. Planning Commission will have to determine whether the the
neighborhood character will be altered.
Reasonable use of the property requires some level of variances to various code requirements.
Economic considerations will not be a practical difficulty as long as some reasonable use of the
property is allowed. '
The conditions applying to this property are somewhat unique in that few areas of the City have
existing structures on slopes as steep as this, and most properties in the LR-1A district are larger
than this site.Some neighboring properties to the immediate west along the south side of Long Lake
Boulevard are similar in character to this lot. All other properties in Orono's LR-1A zoning district
are required to adhere to the same requirements that this property must adhere to.
Granting of some level of variances is necessary for the preservation and enjoyment of a substantial
property right of the applicant; however, the applicant does have the right to reconstruct the
existing structures'in-kind'.
The granting of some level of variances is not likely to impair health, safety, comfort, morals or be
contrary to the intent of the code. Finally, granting of some level of variances appears to be
� necessary to alleviate demonstrable difficulty, and will not merely serve as a convenience to the
applicant.
12-3551 �
April 11,2012
Page 8 of 9
Issues for Consideration
1. Does the Planning Commission find that that the applicant proposes to use the subject
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?
. C
3. Is the proposed house appropriately sized, or should it be reduced, perhaps to the 1500
s.f. minimum allowance, in order to reduce the impacts and the degree of associated
variances?
4. Are the proposed hardcover levels acceptable, or should they be reduced to more
closely match City standards? Can the site layout be modified to reduce the magnitude
of variances? Should the hardcover levels be subject to mitigation?
5. Does Planning Commission conclude that the average setback variance is acceptable
because neighboring lake views are not impacted?
6. Are there any other issues or concerns with this application?
Staff Recommendation
1) Staff recommends approval of the lot area and width variances.
2) Staff recommends approval of 0-75' and 75-250' hardcover variances at a level Planning
Commission finds acceptable. If reductions from the current proposed levels are recommended,
then a revised site plan and house plan should be requested. Staff recommends that mitigation
measures be required for excessive hardcover on the site.
3) Staff recommends approval of the requested side setback variances, subject to establishment of
a grading & drainage plan acceptable to the City Engineer and subject to no encroachments of
the east side 10' drainage and utility easement by overhangs, cantilevers,or other structure.
4) Staff recommends approval of lake setback and street setback variances as proposed, subject to
any revisions needed if hardcover must be reduced.
5) Staff recommends approval of the average lakeshore setback variance as proposed.
6) Staff recommends approval of a variance to allow structure within the defined bluff impact zone
subject to establishment and execution of a grading and drainage plan for the site that will not
impact adjacent properties and addresses any slope stability concerns. Any retaining walls 4
feet in height or greater will require submittal of plans designed by a structural engineer.
7) Staff recommends approval of a CUP and variance for grading/excavation/fill within the 0-75'
zone, subject to a final grading and drainage plan that addresses any City-Engineer concerns
regarding slope stability; subject to adherence to the City's erosion control regulations as well as
the permitting requirements of the MCWD. Timely re-vegetation and stabilization will be a
requirement of the permitting process.
8) Applicant shall take all necessary measures to ensure the survivability of the mature trees within
. the 0-75' protected area.
9) Applicant is advised of street parking limitations during the construction process.
. 12-3551
� April 11,2012
Page 9 of 9
Planning Commission options for action:
1. Recommend approval as presented,or with specific conditions or revisions; or
2. Recommend denial,stating reasons;or
3. Table for more information or submittal of a revised plan (provide applicant with specific
� direction). ,
. '► .
. � . . � PC Exhibit A
� . � Cifiy of Or�r�o
. . , . Variance �►ppli��tion � .
. � . . . � }
. Stteet Address: � � � • Appiication# I Z ��I -
�Q� � 2750 Kelley Parkway ' : Date Received:
Orono, MN 5�356 � � '
� Q O . � .���s��: ,�',� �
� � ' Main:. 952-249-4fip0 . � . ' � . .:Fee: .. . $700 .
� ' � •fsx: 952-�48-4616 ' . . ' . :'Renew-cl: $350
� Gti�' .Mailing Addr.ess: � .After-the-fact �1,400 Double Fse
' '���o.�,� �'..P.O. Box 66 ' • � � '�Escrow Fee: $7a0/$2,500 • . . '
`--_� . -.. , . Ciysl'al Bay, MN.55323-0068 . .: . . . .. '. • . . • ' , + .
This appfication form must be completed in fuli. Appficarrt will be notified within 1�days as to the status of the
app(ication. lncot'rifllef.e applicafiions Will'not be placsd:on;P(�nning Cnmmission Agendas. . .�..� : .
. . PROPE�M:�INFQRMATION: " : . .. � . •. . . .. � .. �.�. � . : � • � • � -
. .. .. Sfte Address: � ��S �.��� �-��� �w o �C}-0.� 1,) �
Property Identification Number(P(N): -- ^ ��'
Date Properiy Acquired (month/year): 12_ _e � Yss, l nwn the adjacent parcels. .
Zoning District: '
APPL(CANT lNFO MATION: (Compfete (egal names and marital skatus required for eacf�irtteresEed parEy)
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. . ' - - :i:� �S ��3ei ' �:c. '.:?:i z� .�,:: _�%i:�:�c :3':;.�k�:�. iw;. .J.y k_::,�;:,;, .1..
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... . . .. . ... ...... . . ... . . , . . . -
. . . : . . . . ... �. . ._
:::��� � � . ' � '.i� �'� ':�: .Bu.ffer�iin�i`ovement'Pl'an.•:"•� � . .:. •:. ..•.: .: . ,:�. .,..:•.:�. ••'•.:
:�_:��.:.., .
. . .. . . . . . .�: . :.... . .. • . . � . . . _ ;t. . Jo
, .... . .,. . .. _ .
' . . . i�.i• .
' . ... _ . .. . • ... .. . . . .. , . • . . . .. . . ?f•�.j: ��i,: .
APPUCqNT�AND/OR�OWNERr' � .. � .. . . . .. �::�'� . ,. . � � .. ;:: ;•,:°,�:. , .,;.:.,::�•::•.�,� ;•.t: .
• �gree t�pruvide ali information required or requested by the Planning Depa�tner�t, . , .. .... ., . :.•.`..
. ;;agre.�,f,o.pay.;a�dltional,f�es;�staff tirn�.not.covered in,�the orf�inat fae ayment) andlor_con�ultant:ex enses • • .
:. .. . .: �� �.• . �..: . •. •. ,
1ncurred 7q review'of�this application;�and; •�� . .. �:;°;:..:`; : :'.�;.., . .x ' �, ;�.,f;.K�,'���''1?�;L����1a���?�:`;:�';;.
. . , . . ':4.t•�11.
� �.��Ger{ffy-that�#fie.`info�mation:�upplied''is tru�`.and r,�rrQy�to�the��best of t�is/he�'kriowledge:.�Th�=�p����nt.�,r����;;;':'�;;.;,'; ":.
��`��vwiier`r�cognize'�that.theyaresolely responsibt0:�or�sa�bmif�irtg.a•complete:appiicaE�An;'..betr� =�war.Q.:'�:"��;i.::.'
�that�upon`.failure•�to do•so���the•sta�f�:itas �na••altemativs:�ut•.to.;rejecl��Fk unfil..yE.:is.;.co.ixipf:�d:'oTsfo�'`•'�'����•;� . ;
..,,;,.,
�recomtnend•the request•for+denial of.#he:request regardla�s.of its,.potentEat::r��i�t. . ..��':�':"":�°: :"•°�'�:��° `�'"`"��''•'.�'��.% �'
. . . .. .;: �.. .. . ..
• � Acknowledge the E'scrbw Agreement is completed'and signed. � � � • �. , � � � �
• The:Owner hereby acknpwlec�ges�and agraes tn this apptication and further authorizes reasoi�abfe entr�+or�to � .
_ . the�':p�oper..#y.::°�by::��Cify.:Staff; :cor�sul#anxs;;;agerits,�:��Qmmi�sion..;:ans1.;,,�Qunsil::�.111.1.�mt��t.�:°�fpr,�;��ipos�s_:<;nf,�;.:;:;�.;; . .
.. . . . .:...,
, invasfigatian:and:verification of this request. � � � '�. " � �� � � • �. - . . '. �;s - :
. .. , , .. .. . .... .. . .. . . .. . , . . . . . ...,... . . .. .. .._. . ,�:.
.:,.:. ,.. . . ....... . ....�. . .:�.: ..... .. ...... . . .
....... .... . �.
. . . . ... .... . .. ... ..... .
• Applfcant:and/or>tl.wnar-acicnowle.dge�-thsyr�must`.�be.;pr,esent..at$Il.�chedulAd.Ce.YIey,v,:meeffn.g$�`af��f�e�'��r`��� '
P.Ianning.:Comrriission�a.nd.Counc�[....If..an �pp[icant antl/or.ow�e��s.unabte.to�ttend a sched.u(ad'�rneefing;:;;>:;�':' '•
.ploase make.a�rangements Eo have an authorized representafive�ttend in plac.e.of the applicanflQwn�r,;a�td„ :..;. .
. .. ...... . .......... ... . ....,,.......... ....... .... •
advise fhe City PJanner assigned.to you.r,;�pro�ecE. �������� � �� ' � � � �
. . . .. . . . . :,: ....
. .. . .... . . .. . . . . . .. . ..
�' � . • ,' .
' • �..•-:... ��•:�:�:. �;:,.;_ •,..t:;•.��:
APPlicant's Signature: ,�/L :�. •Date; ^ •�,.��..�iJ.,�.?�, .
. .. .. . . � . . T. .... . . . . . . . . . . . .
Applicant's Signature: � � � �Date: � �� • • � � � � �
Owner's Signature: � vb�,. !.• L' Date: '
� � Owner's Signature: j�N e. �y '�'j���
t . . .
, • PC Exhibit B
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This farm 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 diffrculties. 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 forrn has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points
listed below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you
leave something out it will not be considered. .
Please address each of these di�culties criferia 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 permitted by the Zoning
Chapter."
��G�:
2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
i�G.f� SctM� 5�-�p� �C?'T . '}.�Atu�:?r�:.s ���f .5�c�r� SE.���G fl ��� .
�---�E�� -''"��f-TS�i'�1�:1� �'1� f�f E2.�'?iL Ei'1��� i
3. "The variance, if granted, will not alter the essential character of the locality." �
��� t^�•1-E �RO l�c�S E'�..1 �`�i�!�4 (__'FS y.3't"�`�T �f ZS ��G ,���=/=1
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the teJ ms of the Zoning Chapter."
�.C/�
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 1�1`6J�.�6, Subd. 2,when in harmony with this Chapter.�
/
_ y
6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not
allowed un���this Chapter for property in the zone where the affected person's land is located."
�.i
`
- 10-
7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling."
-���
8. "The special conditions applying to the structure or land in question are peculiar to such property or
immediately adjoining property."
t�l�Q.�2c�k1 i..�}� Grtzt-L i���S�c�Gnr-c:; �c�t�l�ac�`
9. "The conditions clo not apply generally to other land or structures in the district in which said land is located."
�1ll�ZG'L,I Lryi Gf�`J."t'„�` ]�i�1�' u���L�-i...�" csfi�Rh')�^
10. "The granting of ihe application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
��-�ra�- �R�~��:�-�v�:�--x.�� �� �t-r �w �� s��,�u��— � �3e�
f�s i[�tr�7' c.C.s i�"K Ov'T �f�/�LZi[_�.sCx-�
11. "The granting of the proposed variance will not in any way impair health, safetys comfort, morals, or in any
other respect be contrary to the intent of the Zoning Code." �
�a�2,�-����s 6 G�� (��4-��'�r�-S t,E1ic.�. �i -"��-M-��1'E1112_
. 1;r,,
12. °The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty." �
G'lf-,� ����rrv-o �3i- f�h2e.a���� ls �C°�E�fR-c�'J � /lf��;:
•T�,�L� Scr� �,r�cc.,r�A�L�
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully Eie described in the above criteria, describe the practical
difriculties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
� It,��'"k3 � �l-�� �1t.tS'7"lrlt'G �,�rni�cv�;s �F ��C" �ZZs;. �£-l�tct� �R1GC.u�r
�
� _ �c�''>� ) 'r
� tF� � , ,4 5�-�'�v� ���, �� �1� �rz��u��,+�,. �Z���p�
- �'��— �-���v�- �"d�� �>p���� (-��y�a.� '��s���,� �ea�t�t ��;r�-z-�a�vs �G N�=
'� �C�-z-►•u�, ��:,�i���-r�. `�tw,�. `T���- [..�c� 1���1�;-r:ua�� Zbt-� �k�Sz'lvv �
�c��c" �%r L 1� v�t�� � c,l'G6�a{ ��'r� �H�' �;�ST2r.�c�c a ti: �'� CZ-E�' l�iLi�c�ae�
LiJ�itZ� �l-�� C-�i�L�'c"ML1dt>C c'��- C-�c7�sE �u3t0 �f�-/y�,4 L� �y� d�� 7`�-IG (.�z' �2.�?.t.�
��-�t� Z�1�2-� ��t�-f� ��v�f.�rt. L c� �� `,�v nE.=. �i E l-ta z' z�R-�a� .�c��`�"t��
��Lt' ���L'c3 t '�'Y1t2 ��G� ��C.t���v,1r2�� l//ad�-L��U6' J r
- 11 -
CERTIFI CATE 0 SU RVEY � �A CALCULATIONS (total lot)
- f„ s , s ft
TOTAL LOT (above OHVI� . 5 q. .
FOR: TJB HOMES, INC. 982.8`� ExTsting Garage = t252 Sq. Ft.
ADDRESS: 1505 LONG LAKE LVD, ORONO, MN � Existing Driveway = t25 Sq. Ft.
�8 �O Existing House = t1,065 Sq. Ft.
R�CE�V�d 9 \ � Existing Concrete = f491 Sq. Ft.
�� 9815 , Impervious = t15.3J
2��2 , 980.3 �s,� � AREA CALCULATIONS (0-75')
MAR 21 . . �� �
�ITM O�ORQ�Q . ' . � � 0-75' AREA = t7�644 sq. ft.
�� � •• Existing House = f871 Sq. Ft.
�
9�2.3 � � � 980� � Existing Concrete = f286 �Sq. Ft.
� .�.9� .. % °s� �O Impervious = t15.1�
'. 6, , •'• .98p�
, 9�2.s��.. .. .ti6�` � �..�. � � AREA CALCULATIONS (75-250')
; 73.1 • �9B '� � � � 75-250' AREA = f4,306 sq. ft.
� '��. s�s.� os�`''98 � Existin House = t195 S Ft
•.ASH14 ��O 0 :, 9 q'
�� �'. s�s.� •` 9 2)� • �� Existing Garage = t252 Sq. Ft.
EXISTiNG HOUSE � �, .,ASH14 ?9 V��� :.: Q ExTsting Driveway = f25 Sq. Ft.
.. n •• . p 'r, 979�\ Existing Concrete = t206 Sq. F�
. . °s�' Impervious = t15.79b
. 978.6 .
' ._ x975.3 . ASH14 '•.9 "
' ��
971J • 978.9
971.3 9) . �LL -� .. 978•3 978.1
2., . ASH14 •.
. ' • 978.0�. '�977.�9j8
ASH15
� ' . ' 'j . 9�6, J77.4
.9�0 � . 974 9 � �,6 �B LEGAL DESCRIPTION
' g) .. .. 12.5 s78.0 . 978.5
�` � �' � Lot 23, ALBEE'S LONG LAKE ADDITION,
• .96 . �970.8 • , 973.4 .974.9 / z � I�'�
. 8 969.X'• OAK21DBL g73.4 ` o F a �'� 977�9 Hennepin County, Minnesoto.
a9� N N 2 O .
�♦ �♦ �6'� � . 969.2 � W Ca9 '�
sss.� 9
`, `, . . .. ••. . s7�.s s�2.o �
, �'�� '�965.7 •. y�3 12.5 66.. . . .
970.5 • .
• '. � '.•� �•• rn .. • •� 4 970.6 •.972.9 •'
X 975.1
� �9 �tO 966.5 966.5 �' . � 970.2 � ' x972.1 '•
� . �.� x�'�. . sss.s sss.� sss.� x s�o.i � 9�4.
• ', ifl� 964.8 M 00 ... �•g �- 966.6
�12.7 "
� . p�r � % 966.6 966.8 9j2.,
� '•. •._ � T� � /i3.4/ 2.0 � 966.6 66.5 . .
o �
• �� ' (/�. \�' /10.3 -�967.7 9 � '
� , .�s� . �• � DUSIING HWSE rn ss8.5 ''9 •.
° c�i 68.
. 9 . 960.3 � `9 7DP DF BLOCK��88.2 . . 96Q•1 ; x968.2 •.
'' S • OAk22� 6^ ' •
3z LOWEST FLOOR-�7.7 / � ' .
\ � • �s2 . . . � . .4 ,. 66.5 • 965.8 � ' . •
x �•. • . •956.6. , N .. .4 .
\ , N 965:2 �i .
947.0'• ��q� �' 19.8 � .:96+6 /
957`�4;: 4 • Nh0.8 .964.4
'•,� � , . �� . ..
. .� .
�� �� ''. •••.'�/'. a's. 957.3. . 960. 4C �+ "'---4,-. ''•. .
\ •., : i: : •. 960.0 961.0 . . " 963.5 •._ ' .
i , �-75' FROM OHW
947.6 x�'r0' 95.4:9 ' . 959.3 960.7 ' x '9 • ... ... . ...
\ ,��j•. . ••,..�OAK34 6� EXISTING HOUSE
� x�', . 959.7 ,
� � •. •. � . '• '
\ y O . ' ' � � . . .. .
{ / • . ' •'• '
�i/ ., •. � • '••., ' ,. 9 80.7 9 . . 6 ..... .. .. .... 962.
' S9.3
�� X '' ••. . � � �9 s
Q�, • . . • • ._ . _ 2 •. .
' 948.0 ••., , • .,ggg g�' , x _ � • EXISTiNG DECK
944.4 ' . � . � ., �'�•., •. y, M • [� � ...... . ... .... 962.6 963.3
x ` OAK19 , • � �'•., a1 � ' •
\ 946.0 \ �� . •' •. . '' . T�••O a .. .. .. .. .... .... ... 982.6 • 6 0
I . .. , x�' � gs
x '• 9 2.
949.9 :, . ..
\ � x .sst.4 •• ' � ••� 9s8 •
\ '•� , 951.6 ' •. x 958.7 x 958.7 •
.x
�OC�' .N 946.1'•. � 950. �S� .. ' • .. •
F� � �,� • . . .
1�lO�tl-E %, ��� � . . x �. .
� � �
o zo � oy � • y�� � • .
� �. 946.9 • . �� .
\ �•.� • . .
O�n �j \ � x . ,
�n- � � ��'•.� \ '•. . •
`75' � v' O
( IN F'EET ) �L�v" e'`` . �,�c�, �' ' � ' x s5s.s
1 inch = 20 ft. ��� e \ ���` \� x � ,
J � �� . � .
. � 944J � \•.. ��� 948.
\ �•. �f� 9S� •.. x 954.8
�
NOTES �`� \\. G � � ��' �
���� � yF A� DENOTES EXISTING RET. WALL
- FlELD SURVEY CaNDUCTED ON FEBRUARY 27TH, 2011. ' � 9y �, X DENOTES DCISTING FENCE
- BEARINGS SHOWN ARE ON ASSUMED DAIUM. � \ • DENOTES IRON MO{VUMENT FOUND
- BOUNDARY INFORMAl10N TAKEN FROM SURVEY �y '\
PREPARED BY GRONBERG AND ASSOCIATES, INC. DATED �" �,\ � DENOTES WELL
JULY 6TH. 2007. �'. \ sas.2 � DENOTES CATCH BASIN
\
This survey was prepared without the benefit of title work. ���\ �•, � � 02 DENOTES PROPOSED ELEVATION.
Easements. appurtenances, and encumbrances may exist in � 6� � � x1011.2 DENOTES EXISTING ELEVATION.
947•2 �g� DENOTES DIRECTION OF DRAINAGE.
addition to those shown hereon. This survey is subject to � � � DENOTES WOOD HUB ETAL SPIKE
revision upon receipt of a title insuranca commitment or s4s.s '' .� �� ' /�+�
ottomeys title opinion. � �
� � DENOTES CONCRETE
I hereby certify thot this plan, survey or report was prepared by Q DENOTES BITUMINOUS �
me or under my diract supervision and that I am o duly Licensed �,
Land Surveyor under the lows of the State of Minnesoto. 943.9 CRE LAND SURVEYING � �- 3
� ... �
PJOB#12063BS Bleine, tiw � �_ �
7��� js.acrelandsurvey�gmail.com
J HUA P. SCHNEIDER Dote• 2-29-�2 Reg. No. 44655 �° �, �z i' „ is '° i' '° re n° ", i,z n' n• ns ne n� n8 na �
C:�\I nnd Prn larta ?MR\1?[1E��hc-Alhc+p'S I nnn I nkFS Addltlnn\dWn\1?(IfL'3h�.d�vn ?/?9/?(11? ?i51i44 PM ('_CT
CERTIFICATE 0 SURVEY A�A C�,CULATI°NS �t°tall°t,
TOTAL LOT (above OHW) = f11,951 sq. ft.
FOR: TJB HOMES, INC. � Proposed House = fl,ssz sq. Ft.
982'8 Proposed Driveway = f575 Sq. Ft.
ADDRESS: 1505 LONG LAKE LVD, ORONO, MN \ � � Proposed Stoop = t14 Sq. Ft.
98 ` �/j� Proposed Deck = f88 Sq. Ft.
li^ Proposed Sidewalk = t123 Sq. Ft.
'�8p� sa�.s l�' Impervious = f20.8�
0
980:3• �� � �� AREA CALCULATION5 (0-75')
�� � 0 75' AREA - t7,644 sq. ft.
� se ,c� Proposed House = f845 Sq. Ft.
s�2.3 �'��� �•••.,.9 .., �' °' o� `�O Proposed Deck = f88 Sq. Ft.
''�•., �s,. �� ~ 9ao� � Impervious = f12.2q
s�z.s'..... ��.
. �. . . �'"'9;•• .. � �� AREA CALCULATIONS (75-250')
?3.1 '•. `98
o��980 � 75-250� AREA = t4,306 sq. ft.
� ��� 979•� '�O Proposed House = f847 Sq. Ft.
� �'.. 976.1 '•.ASHi 4 9 ��� •
� � � 978�9 Proposed Driveway = f575 Sq. Ft.
EXISTING HOUSE �•., �'••.ASH14 � tJ�
� ��. ' 9� `s�• � Proposed Stoop = t14 Sq. Ft.
'� �'� � i°��:. 978 0� 979J Proposed Sidewalk = t123 Sq. Ft.
���� s�s:s, A�4��... � �h Impervious = f36.2�
� 971.1 ��'. 975J�'• �,�'� 9,� � ,� 978.9
971.3 �'�q) WELL O•., • , :
�., 978:1
\ 76. � ASH14'•.. •''�977.��9j8•
p�•.. ASH15 _
970.8 ���� �' '977.4
\ �'•., �''9 OAK2IDBL �2 DRIVEWAY ry� ' ` CB
•'•.\''•., �Q, ��•.... 9' ���978.0 � 978.5
\•,�•, s \
...... ��. ����.
sss X 9� 20:00 • � s��.s�
���.. �'�a� -.:\969.2 �o.o N '� ������ , LEGAL DESCRIPTION
„ ,, a� . � . o
�� �� �'��� �'�:XSS.���'�\ �� c��� o' D..... ... 9�2`'��. 9�e.... Lot 23, ALBEE'S LONG LAKE AODITION,
A � �''•� '� ��''��.... Hennepin County, Minnesota.
N `. x97S.1
' ... \•.�..�......�'" x 972.1 �
. `96�� �'•. O, 96 �
'� xN'�p� ..:.8 9�4''' .
'� 'ss4:s. �,,.�� ... '. 71. . ��0
�
�o. �.� `fl6+6, ° \ g ii.00 '•:11.4'' "9�2...
� . °.a +� .. •� �.00 N �•.
i9 � (80.4' BO 964.5) '•
�� �•.. ��.... � 968!� 9��•••. .
i9 ''•., . PROPOSED WSE� ��''•••.
`S6t �' � w� � � 968• x sss.2
' �'•., '•.. `9SQ . OAk22•� � •'�.
� M ^g66�
�''•., �''•�s '••.. a'r, .
\ X••.. '�•.. �? �'••., .....9�.. (�s.e' BELOW 964.5)\ 10:4 T�-�-�-�
s47.o�'••. `;qs �'�. � O 2z.00 \ �� \ 966�' .... F�� � i i i � �
\ Q . �;.. 59. �, o \ �/1 � .. ..
�/
o �tGK
�'y • �....1'6.00. ....... :...
. A� �' �':. ,j�� •960A W 11.06•. �x963.�•., \ '''•.
\ �' 947.6 x� .., .•j� x 95.4.9�'••.. S g$Q.3 34 -�9s ROM OH01C \ ...... •' '
. •. ., �•. •. •. ., .. .... •
'•..... c0
�, •., •., .,� ., ••., •., •. g, EXISTING HOUSE
�OAK� �'' O
�'
\ s �'pcg��' X'•959:�, ��.'•�.
'•. � ., �'•., :� �' .
\ , , ' , 0 9 ..3. � 07 ...............`..... ... ...
''•.� ''., �� •'•., .
59. �B4L,7x 96 , ..
\ , �
�/ '•9 • �'•••... 962 � 962.8
., ., ..... •.
..,
R�• �'•X 948.d''•.,,, �'•••., _ � EXISTING �ECK
•. „ �''• �''•• 956 9'..., •.,
••., •., X k�., N. ••. � ........................ 962.6 9
944.4 �•., h '•�? �'-•., 63.3
�'•. 949.7 •.,. '''•., '• m � O•''••.
�''•., '••,OAK19 , '••.
_ ..
.
. •• '•••., ••
s4s.o '•.. �''••., '••. �'•••...•. � 96p ...ss2:s.........
'� .
\ N ••.
NO�TH ... 23 ��.. � +i � ....... ................................ 96z.o
�x. ��.�
0 � 20 \ 949.9'• "•...., �'•
\ '� `�.s51.4xx''•.. . (/� ''•.9s8 ..
951.6 X 958.7 X 958.7
�o \ ''•.�� '�� . . .....
ic • '•.• '••.
( IN FEET ) �'F � 946.1'� '•� �''•. x950: �b'. .......
1 inch = 20 ft. �O �.� \ �� �7' . .
IC1 � "�;S
r'py�/ o "\ ��
��� ti `��. x 946•9 �`�• '� PROPOSED ELEVATIONS
��A� �`�� � ���. GARAGE FLOOR = 977.0
J�� �� � s��o� �. � FIRST FLOOR = 970.5
NOTES � r'�` `'���� �, x sss.s ���'��.LOWEST FL00 960.0
', j�`' � . '��ErV
- FlELD SURVEY CONDUCTED ON FEBRUARY 27TH, 2011. \ '��� . , . E�
- BEARlI�CS S!-lOW1V ARE ON ASS:,'MF_D DATUM'. 944.1 � �� '`. �° �'�saa. �
- BOUNDARY INFORMATION TAKEN FROM SURVEY � �`����.. �`��� �� ��'"9s �� ���... x954.$ APR �5 zD12
PREPARED BY GRONBERG AND ASSOCIATES, INC. DATED � '• �4. �• . CITy
JULY 6TH. 2007. ,'`�� ��`.�� '` . OF pR01yp
- CONTRACTOR TO VERIFY HOUSE DIMENSIONS, � ��'�
AND SEWER AND BASEMENT DEPTHS. `��. \ `• �'�� Gy� 9R��• • DENOTES EXISIING RET. WALL
- FINISHED GRADE 10 FEET FROM PROPOSED BUILDING � �y�y �`•� X DENOTES EXISTING FENCE
SHALL BE 0.5 FEET LOWER THAN THE FINISHED GRADE �� �..� • DENOTES IRON MONUMENT FOUND
AT THE BUILDING. y�
- ALL BUILDING SETBACKS AND IMPERVIOUS �'�•\ � DENOTES WELL
SURFACE CALCULATIONS NEED TO BE APPROVED �'-...� �'�. � 946•2 ❑ DENOTES CATCH BASIN
BY THE CITY OF ORONO. (VARIANCE REQUIRED) ��•. \
�'�.� �6���x 02 DENOTES PROPOSED ELEVATION.
This survey was prepared without the benefit of title work. '• � •�'g x1011.2 DENOTES EXISTING ELEVATION.
Easements, appurtenances, and encumbrances may exist in '\ 94�•2 ..
addition to those shown hereon. Th(s survey is subJect to 9438 . DENOTES DIRECTION OF DRAINAGE.
revision upon receipt of a title insurance commitment or �'��� � DENOTES WOOD HUB/METAL SPIKE
attorneys title opinion. � +I �� DENOTES CONCRETE
I hereby certify that `'this plan, survey or report was prepared by � DENOTES BITUMINOUS
me or under my direct supervision and that I am a duly Licensed �
Land Surveyor under the lows of the State of Minnesota. 943.9 �
Revised: 4-4-12 ' � CRE LAND SURVEYING � ; „-, �
� R e v i s e d: 3_�s-�2 J OB#12063BS Blatn�� MN 55449 r a`
Revised: 3 13-12 7�-�'6278 js.acrelandsurveyCDgmail.c o
JO HUA P. SCHNEIDER Date: 2-29-�2 Reg. No. 44655 i° i' �z i' i4 is ie �� ,e i9 i+o m n2 ns n+ n5 ne n� ne _
C�\Land Pro,Jects 2008\12063hs-Albee's Long Lake Addltlon\dwg\12063hs,dwg 4/4/2012 12�27�40 PM CDT
, ��.� ; y_4�r2
Rddress: � ��� L o^ q La� ���a . _ Date: 3-/S'/2
' Prepared by. � PC Exhibit E-`
HARDCOVER CALCULA7tON WORKSHEE7
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 230-500' . 500-1000'
EXISTiNG HARDCOVER IN ZONE _ g'i ! S.F.
A. House . X -
Length �� _
X . _ S.F.
X _ S.F.
� N r� S.F.
B. Garage � X , - •
. ' - _L�!��S.F.
C. Driveway X =
X _ S.F.
D. Sidewalk x = Zs�° S.F.
x = S.F. .
E. PafialDedc x = S.F. .
X = S.F.
• � - S.F.
F. Landscape X - S.F.
Urtdertain X -
By Plastic x , = S.F.
G. Retaining Walls ' x ' - S'Z S.F.
' . . H.Other x � = S.F.
TOTAL HARDCOVER IN ZONE � - �Z o q S.F. A
TOTAL PROPERTY AREA IN ZONE - -�.�y4 S.F. B
- A IZo�I + B �7CO�l�f x100 - 15.6 • %
PROPOSED HARDCOVER IN ZONE(inciuding existing hardcover to be retained) g�S� S.F.
A. House X
Length . Width S.F. '
X = S.F.
- - N � S.F.
B. Garage X -
- N�� _,S.F.
C. Qriveway X -
X _ S.�.
D. Sidewatk x = N � _S.F.
X = S.F.
E. Pa�a/Deck x ._ �� � S.F. �
X = S.F.
F. Landscape _ x - S.F.
Underialn x - S.F.
By Plas�c x = S.F.
G. Retaining WaUs x ` _ �Z3 S.F.
H.Other x ' = S.F.
• TOTAL HARDCOVER IN ZONE - �'�"q� S.F. A
TOT�I����AREA IN Z�� - �(v44 S.F. B
-�_�.. � g ��4`I x 100 = ���i"'.. °�
9� �z.s
APn 05 2012 � .
-16- .
CITY OF.ORONO
. �J� �-C�-12
Address: � SO 5'" L o✓�a �—a� ���a• Date: 3�)S-�2
' Prepared by.
PC Exhibit E�
HARDCOVER CALCULATION WORKSHEET .
SETBACK 20NE: (CIRCLE ONE) 0 75' 75 25 ' 250-5U0' 5Q0-1000'
EXISTING HARDCOVER IN ZONE
A. House , .. x = �� S S.F.
Length Width
x = S.F.
X = S.F.
x - z SZ s.F. .
B. Garage '
C. Driveway x = 'Z 5� S.F.
. x = S.F.
- Z.o� S.F.
D_ Sidewalk X '
X = S.F.
- N1 q S.F.
E. PatiolDeck x -
X = S.F. '
'�` - S.F.
F. Landscape X - S.F. •
Underlain X -
By Plas6c x = S.F.
G. Retalning Walis � x = I 1 S S.F.
H.Other x = S.F.
TOTAL FiARDCOVER fN ZONE • - '7R S.F. A
TOTAL PROPERTY AREA IN ZONE - 3o b S.F. B
A -7 R 3 + 8 �l.3 a(o x 100 = . ��
PROPOSED HARDCOVER(N ZONE(including existing hardcover to be retained) gy�
A. Nouse x = ��' S.F.
Length Width
X = S.F.
X = S.F.
B. Garage � x = N � S.F..
s�s
X = .,��' s.F.
C. Driveway _ S.F.
x - .
D. Sidewalk x = �s �23 S.P.
X = S.F.
E. Patio/Deck x .= N � S.F.
X = S.F.
F. Landscape x = _ N�1� S.F.
Undedain x = S.F.
By Plastic x = S.F.
��-"' G. Retaining Walls x = ZZ S.F.
H.Other x = S.F,
� TOTAL HARDC�VER iN ZONE - 1J,o�'�" �'S�.F. A
TOTAL PROPERTY AREA 1N ZONE - U,3 0(v S.F. B
A !-k�e�� i- B y.3°�° x 100 = '3,�� % .
RECEBIlED �sc,� � 3�.y
�
APR oJ Z012 -16-
CITY OF ORONO .
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FO R: TJ B H OM ES, I N C. 982.8 Existing�.�Garoge t252�.Sq. Ft. � �
ADDRESS: 1505 LONG LAKE LVD, ORONO, MN � MAR 21 '2Q12 Existing��Drivaway = 't25�.$q Ft:
Existing,�House t.1�065 Sq.I;Ft:
�8 F1 h ` �O CITY OF OR��O Existing ;Concrete " , t491 Sq!C Ft.
� �, �� gssi� k � �j Impervious .=';�t15:3�; i;
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s'� • ' � •� �� . Existin House f I:
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80� , � >>, , �t, Existing Concrete.=� f286 Sq.�Ft
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• �3.� ' �'9a t'���, ��°�y'''�7=;�. � 75-250' AREA = t4,306 s`q. ft: . ��
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•� •.A5H14 . £;��hy���'�0980��p,�:r�. ".c-� g Q�t
�- Existin House = f195 S , Ft.
� . s�s.� ;°x�'��;�;��� , r� Exist1ng Gcrbge = t252 Sq. Ft.
7T • . 978.9 �y4 L�'i3''7'�2a Z1'�. O ..
EXISTING HOUSE a�. .ASH14 ���tJ���s��,w� + Existing Driveway = t25 Sq.�Ft.
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�;�'s'����' ,� a \ Existing Concrete = t206 'Sq. Ft.
fp • ���,�i�,a,��.„ ��ka�� °s����v L� 979.7
• �r��s''s'°�;#��r?�il��,�yzs � 'e�.�,; Impervious = t15.7�
• 978 6 s�t4�' '���f��y;.'��' �}',� .
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� . 12;5 978A �:
' � . • 978.5
' '• �� 9 szo.a �'•• s73.R ' �• 9�4•9. � � W • Lot 23. ALBEE'S LONG LAKE ADDITION,
6'� '969J OAK2IDBL ' ��+ • � •F:Q .� s��.s Hennepin County, Minnesota
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947.0 �.• I�� 9 8 S yrj .r���. .� i. asr.�� � .9fj+��� :S/ rr�..�a .:u�•
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�� 963 5 �
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` X'•. i 95r�9 9 3 960 Z . � . � . J, . , . .
�7' � 947.6 �r0 �`�OAK34� ' x� i .96� �"" . ... . s
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:� . 23 X .. . ��o. - . ..... . .. 96�.0
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';� •`,+ •• X 958.7 x 958.7 •
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y � � � �`o� ��. '
( IN FEE 20 f� ��� � ��. ?t�J�t� �� � x 955.5
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NOTES `�� \\. G • 9 ' � '
`��� � �F R�? DENOTE$ EXISTING RET. WALL
- FlELD SURVEY CONDUCTEO ON FEBRUARY 27TH, 2011. ' � 9y� �. . . x DENOTES D(ISTING FENCE
- BEARINGS SHOWN ARE ON ASSUMED DAIUM. \ • DENOTES IRON MONUMENl' FOUND
- BOUNDARY INFORMATION 'TAKEN FROM SURVEY Gy '\
PREPARED BY GRONBERG AND ASSOCIATES, INC. DATED �" ',\ � DENOTES WELL
JULY 6TH� 2007. � � `• � 946.2 � DENOTES CATCH BASIN
••,� �•, \ � 02 : �DENOTES PROPOSED ELEVAl10N.
This�,survey was prepared bwithout the benefit. of title. work. • � • x1011.2 DENOTES EXISTING ELEVAl10N.
Easements, appurtenances, and encumbrances may exist. in '�\ 9�.�,2 .g�6� DENOTES DIRECTION •OF DRAINAGE. •
addition to thasa shown hereon. This survey is�subject to � DENOTES WOOD HUB/METAL SPIKE �
revision upon receipt of a title insuronce commitment or s4s.e .� ��� ' . _.'
attomeys title opinion. � � • `;:°
� DENOTES CONCRETE
. ;�;;
I hereby certify that� this plan, survey or report was prepared by ` .t,;:� ��.��L�: DENOTES BITUMINOUs
me or. under my direct supervision and that I am a duly Licensed
Land Surveyor under the lows of the State of Minnesota. � 943.9 n
� CRE LAND SURVEYING �.;::;; �
� JOB#12063BS . . Bleine, MN 55449 r Q
� � 7�`��� 's.acr.elandsurve mail. _
; . � . .. 2 29� �`L .. � iio m nz.,i e�
J HUA P. SCHNEIDER.-_- � n . Date:;.��_._r_ �,�..�- = sR�e.,g No_, 44655� _ -- -- - -- -
o i� iz �s i4 is ia 1� ie � is n+ fls negny �
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's
. PC Exhibit I
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� - -`- 2. SERVICE TYPE I IS.�A�`�OMB ED 'q'
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� DIRECTIONAL..`�BORED TO�., AYLIG T _
1� � �- ,� (AT PROP��TY OWNE S>DISCRETI N)
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' Municode
PC Exhibit J
Sec. 78-305. -Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-1A district shall exceed 2'/2 stories and shall not
exceed 30 feet in height except as provided in section 78-1366
(b) Lots. The following minimum requirements shall be observed: .
Lot Lot Front ide ide Yard Rear
rea idth ard ard djacent ard
(acre) (feet) (feet) (feet) o Street (feet)
feet
200 50 30 50 50
(Code 1984, §10.23(6);Ord. No. 18 3rd series, §3, 9-27-2004)
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Sec. 78-966. - Prohibition. -
(a) It is unlawful for any person to perform or have performed the following land alteration
activities without a conditional use permit issued by the council:
(�) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar
earth material within the limits of the city.
(2) Fill or reclaim any land by depositing such material or by grading of existing land to
� elevate or alter the existing natural grade.
(3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or
shore of lakeshore property.
�b) All land alterations involving filling and grading shall be pertormed only with clean fill as
defined in section 78-1. Granting of such permits is subject to other regulations and
prohibitions of this Code and other applicable statutes or ordinances of other governmental
bodies.
(Code 1984, § 10.03(19);Orcl. No. 163 2nd series, § 1, 12-8-1997)
Sec. 78-967. - Exception.
(a) The requirements of section 78-966 are not intended to govern the following land alteration
activities:
��) Normal and customary grading in the area of an existing or a newly constructed
building, or the grading of the driveway serving such building.
(2) Any earth movement under 500 cubic yards which does not adversely impact the
existing drainage.
�3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone
of all lakes enumerated in article IX of this chapter.
�b) Such grading and earth movement shall be subject to approval by the building inspector at
the time of issuance of a building permit, provided that a plan showing proper drainage and
protection of adjoining property has been submitted. Where such earth movement is not
being performed in conjunction with a building permit, a separate land alteration permit shall
be required. Any unusual land alterations, including earth filling, removal or grading,
proposed by a builder shall be subject to a conditional use permit as provided for in this
chapter. The following land alterations shall be considered as unusual land alterations:
��) All excavations for foundations in excess of 12 feet average depth if any amount of
the excess material removed below 12 feet depth is to be stockpiled on the site.
(2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required
to raise grade for adequate frost footing protection, the intent being that structures
shall not be artificially raised above the preexisting surrounding topography.
� (3) Grading or alterations that would propose any changes in elevations within five feet of
adjacent residential lot lines except for drainage swales and ditches.
��) The building inspector shall have the authority to refer any requests for land alteration
permits to the city council for review and approval in instances where the land alteration
appears to potentiafly create negative impacts or be not in keeping with the goals and
policies of the community management plan.
(Code 1984, § 10.03(21);Orrl. No. 163 2nd series,§2, 12-8-1997;Ord.No. 171 2nd series, § 1, 441998)
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` Municode Page 1 of 9
Sec. 78-1279. - Placement of structures on lots.
When more than one setback applies to a site, structures and facilities must be located to
meet all setbacks. Structures shall be located as follows:
(1) Structure and on-site sewerage system setbacks (in feet) from ordinary high wafer
level:
etbacks
ewa e
Public Water tructure reatment
lassification Unsewered ewered stem
NE 150 150 150
RD 100 75 75
D 75 75 75
ributa 100 75 75
(2) Additional strucfure setbacks. The following additional structure setbacks apply,
regardless of the classification of the water body:
etback from: etback
� in feet
0 of bluff • 30
Un latted cemete 50
Right-of-way line of federal, state or county highway and local public and 30*
rivate roads
* Except for detached garages on lakeshore lots as regulated in section 78-1435 and
except for structures subject to less restrictive side yard adjacent to street setbacks as
regulated in the various zoning districts.
�3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and
lock boxes, must not be placed within bluff impact zones.
(4) Uses without water-oriented needs. Uses without water-oriented needs must be
- located on lots or parcels without public waters frontage, or, if located on lots or
parcels with public waters frontage, must either be set back double the normal
ordinary high water level setback or be substantially screened from view from the
water by vegetation or topography, assuming summer, leaf-on conditions.
(5) Fences, docks, retaining walls. No fence shall be placed within the shore setback
zone. Portions of dock located landward of the OHWL shall be considered as a
landing, subject to the regulations for landings per section 78-1282. Retaining walls
shall not be placed within the shore setback zone.
�6) Average/akeshore sefback. No principal or accessory structure shall be Iocated
closer to the lakeshore than the average distance from the shoreline of existing
z�- residence buildings on adjacent lots; except that this does not apply to stairways, lifts,
landings and lockboxes. Further, the average lakeshore setback shall apply only to
classified lakes and shall not apply to tributaries. The average lakeshore setback line
shall be a straight line�connecting the most lakeward protrusions of the residence
buildings on the immediately adjacent lakeshore lots.
a• In instances where the average lakeshore setback can not be met,
administrative approval may be granted at the discretion of the planning
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Municode Page 2 of 9 '
director provided no lake views of an adjacent lakeshore lot are obstructed and
adjacent neighbors provide written approval.
(Ord. No. 101 2nd series, §1(10.56(16)(C)), 2-241992; Ord. No. 11 3rd series,§ 1, 5-242004)
Sec. 78-1283. - Steep slopes.
Any applicant requesting a permit for construction of sewage treatment systems, roads,
driveways, structures or other improvements on steep slopes shall provide adequate information to
allow the city to evaluate possible soil erosion impacts and development of visibility from public
waters before such permit may be issued. When determined necessary, conditions shall be
attached to issued permits to prevent erosion and preserve existing vegetation screening of
structures, vehicles and other facilities as viewed from the surface of public waters, assuming
summer, leaf-on vegetation.
(Orcl. No. 101 2nd series, § 1(10.56(16)(G)), 2-241992)
Sec. 78-1286. - Topographic alterations/grading and filling.
(a) Grading and filling and excavations necessary for the construction of structures, sewage
._��� treatment systems, and driveways under validly issued construction permits:for these
facilities do not require the issuance of a separate grading and filling permit. However, all
grading and filling activity approved permits for construction of structures, sewage treatment
systems, and driveways shall adhere to the grading and filling standards of this article.
�b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the
ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling
or excavating of ten cubic yards or less shall require city staff review and permit and be
subject to other pertinent sections of this chapter.
(�) Public and private roads, driveways, parking areas, and public or private watercraft access
ramps shall not be constructed within 75 feet of the ordinary high water level of the public
waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be
subject to the standard zoning variance review procedure, and such review shall take into
account the following considerations:
- (�) Such improvements shall be designed to take advantage of natural vegetation and
topography to achieve maximum screening from view from public waters.
(2) All roads and parking areas shall be designed and constructed to minimize and
control erosion to public waters consistent with the requirements of a�l agencies with
jurisdiction.
(d) Except for those projects requiring permits for construction of structures, sewage treatment
systems and driveways, a land alteration permit will be required as follows:
(�) For movement of one through 500 cubic yards of material anywhere within the
Shoreland Overlay District, a staff-issued land alteration permit shall be required.
(2) For movement of more than 500 cubic yards of material within the Shoreland Overlay
District, conditional use permit approval by the city council is required in addition to
the required land alteration permit.
�e) The following considerations and conditions must be adhered to during the issuance of
construction permits, grading and filling permits, conditional use permits, variances and
subdivision approvals:
(1)
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' Municode Page 3 of 9
Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to
determine how extensively the proposed activity would affect the following functional
qualities of the wetland:
a• Sediment and pollutant trapping and retention;
b• Storage of surface runoff to prevent or reduce flood damage;
�• Fish and wildlife habitat;
d• Recreational use;
e• Shoreline or bank stabilization; and
f• Noteworthiness, including special qualities, such as historic significance, critical
habitat for endangered plants and animals, or others.
This evaluation must also include a determination of whether the wetland alteration
being proposed requires permits, reviews or approvals by other sections of city
ordinances or by other local state or federal agencies including but not limited to
watershed districts, state department of natural resources, or the United States Army
Corps of Engineers.
(2) Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be.used, where necessary, for temporary bare soil .
coverage, and a permanent vegetation cover must be established as soon as
possible.
�4) Methods to minimize soil erosion and to trap sediments before they reach any surface
water feature must be used.
�5) Altered areas must be stabilized to acceptable erosion control standards consistent
with the field office technical guides of the local soil and water conservation districts
and the United States Soil Conservation Service.
�6) Fill or excavated material must not be placed in a manner that creates an unstable
slope.
(7) Plans to place fill or excavated material on steep slopes must be reviewed by the city
engineer for continued slope stability and must not create finished slopes of 30
percent or greater.
�$) Fill or excavated material must not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters must first be
authorized by the commissioner of the department of natural resources under Minn.
Stat. § 103G.245.
(10) Alterations of topography must only be allowed if they are accessory to permitted or
conditional uses and do not adversely affect adjacent or nearby property.
(11) Placement of natural rock riprap, including associated grading of the shoreline and
placement of a filter blanket, is permitted if the finished slope does not exceed three
feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet
of the ordinary high water level, and the height of the riprap above the ordinary high
� `� water level does not exceed three feet. A riprap permit shall be obtained per the �
requirements of section 78-969
�fl Excavations where the intended purpose is connection to a public water, such as boat slips,
canals, lagoons and harbors, are prohibited above the ordinary high water level. Such
excavations below the elevation or the ordinary high water level are subject to approval of
the department of natural resources and other agencies with concurrent jurisdiction.
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(Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-241992;Ord. No. 927 2nd series,§8, 7-11-1994;Ord. No. 163 2nd
series, §3, 12-8-1997;Ord. No. 171 2nd series, §2, 4-4-1998;Ord. No. 28 3rd series, § 17, 8-22-2005)
Sec. 78-1288. - Hard cover limitations.
(a) Hardcover allotment. The following hardcover restrictions apply to all properties in the
Shoreland Overlay District:
(�) Hardcover zones.
a• Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or
tributary, no hard cover or impervious surFace shall be placed, located or
constructed, except for driveways, stairways, lifts, landings and lockboxes as
regulated elsewhere in this Code.
b• Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25
percent hardcover.
�• Befinreen 250 feet and 500 feet of the OHWL there shall be no greater than 30
percent hardcover.
d• Befinreen 500 feet and 1,000 feet of the OHWL there shall be no greater than
35 percent hardcover.
.•TY< (2) Zone to zone credit/debit. �,::.
. a• The allowed allotment of hardcover for the 250 feet to 500 feet zone or the 500
feet to 1,000 feet zone may be increased up to an unused square footage of
allowable hardcover of a zone closer to the OHWL.
b• Unused hardcover cannot be transferred to a zone closer to the OHWL.
�• If hardcover is credited from one zone to another, additional hardcover may not
be later added to the zone closer to the OHWL if the presence of such
hardcover would have prevented the crediting.
d• The allowed hardcover in any zone shall be decreased by the amount of legal
non-conforming hardcover in the zone next closer to the OHWL.
(b) Additional hardcover provisions.
��) Overhangs:
.. a• Where an overhang is supported by a post, the area under the overhang to the _
outer edge of the post shall be considered as hardcover.
b• All but the outer two feet of an unsupported overhang ten feet or more off the
ground shall be considered hardcover.
The following drawings are included for illustrative purposes: [Drawing 1].
�2) Decks: Hardcover may be added under a deck attached to a principal structure if the
deck is conforming or legal nonconforming and the added hardcover is otherwise
permitted.
�3) Driveway easements:The following principles apply where one or more properties
(secondary property) gain its driveway access from an adjacent property(primary
property) by virtue of a driveway easement:
a• That portion of the driveway on the primary property that serves both the
primary and secondary property is considered hardcover for the primary
property.
b• That portion of the driveway on the primary property that serves only the
secondary property is not considered hardcover for either the primary or
secondary property. �
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' Municode Page 5 of 9
c. The area of the driveway on the primary property that serves only the
secondary property shall not be included in the lot area of the primary property
for purposes of calculating hardcover.
The following drawings are included for illustrative purposes: [Drawing 2].
(�) Future improvements. The following items shall be included in hardcover calculations
regardless of whether they are proposed to be construction at the time of building permit
application:
��) Proof of a two-car garage (detached or attached).
�2) For all garages a driveway, subject to the standards in paragraph (d) of this section.
(3) A 24 inch wide sidewalk from the front door to the driveway.
� �4) The minimum stairway or landing at all exterior doors as required by the building
code.
(d) Driveways. All driveways shall comply with the following minimum dimensional standards:
��) Driveways serving end loading garages shall maintain a driveway apron with minimum
width equal to the width of the overhead door(s).
For purposes of this section, a driveway apron is that portion of a driveway that
extends 15 feet from the garage door(s) on an end loading garage.
�2) Driveways serving side loading garages shall:provide a minimum turn around or back
up depth of 20 feet, as measured from the garage door(s).
�3) Minimum driveway taper ratio shall be 2:1.
�4) Driveways shall be at least eight feet in width at the street or private road.
(5) A turnaround shall be provided for a driveway with direct access to an arterial or
collector roadway, or for a side load garage as determined necessary by the city
planner. The minimum dimensions of the turnaround shall be eight feet in width by 12
feet in depth.
(6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside
to outside of the strips)will be considered hardcover.
The following drawing is included for illustrative purposes: [Drawing 3].
(e) Compliance.
��) It is unlawful to convert, enlarge, or alter any structure or,.use any structure in a
manner that violates the hardcover limitations.
�2) Nonconforming hardcover may not be relocated or expanded in any way unless the
property is brought into conformance except:
a• A roofline may be changed but the roof may not be extended over unroofed
portions of the structure.
b• An additional story may be added over roofed portions of a structure.
�• An open or screened porch may be converted into a two or three season porch
or year round living space (including replacing a post foundation with a
perimeter foundation) provided hardcover is not increased.
�3) This section is independent of lot coverage regulations in the city Code. Accordingly, a
property must conform to both hardcover and lot coverage regulations.
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• Municode Page 1 of 2
Sec. 78-1403. - Lot coverage.
In all zoning districts,for all lots of 0-1.99 acres in total area, the total combined footprint
areas of all principal and accessory structures shall not exceed 15 percent of the lot area.
Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of
lot coverage by principal residence and garage structures. The following shall be included in
calculation of lot coverage by structures:
(1) All roofed structures more than six feet above grade level.
(2) Tennis courts, patios, decks, and all similar open structures when partially or fully
enclosed by fences, railings or walls which extend more than six feet above grade
level (If any portion of such structures extends more than six feet above grade level,
the entire structure shall count toward lot coverage).
�3) Building protrusions which are more than six feet above grade, including the building
footprint, and the vertical projection of any parts of the building more than six feet
above grade.
� (4) Bays or bay windows that increase the floor area (i.e., floor to ceiling) shall be •
considered lot coverage. Bays or bay windows that act solely as a window shall not be
considered lot coverage.
(5) All but the outer two feet of roof overhangs shall be included in the calculation of lot �
coverage. �
The following drawings are included for illustrative purposes:
0 ..� ; � y � � �
f � '� - Q -�f .
. ��
Bay window inclnde,d In lot cavcrage 8ay window incli:ded"sn lat eover�e
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�' a
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$ay wlnJow not;ncluded inlat cm�=r�$e Ri.`ufovritaiu���:wr Iluu�°.frr�
included I�i lut coveragc
Bay windows
(Code 1984, §10.03(14)(C);Ord. No. 215 2nd series,§ 1, 3-11-2002)
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HENNEPIN COUNTY MAIL LABEL GENERATOR � Pc Exhibit K
�•� Hennepin County Mailing Label Map
Provided By: Taxpayer Services Department
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For more information contact: Pfi►lt Date• 3/20/2012
Hennepin GountyGiS Division � Map Legend:
300 South 6th Street Map Scale: 1" = 108'
Minneapolis,MN 55487 BUff@f S1Z2• 150 feet
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PC Exhibit L
� RUN DATE: 3/20/2012 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) .
38 26-118-23 33 0002 38 26-118-23 33 0027 38 35-118-23 22 0001
TRYGVE REAGIN BJORGEN ANITA&KEITH VANDER BRANDEN KURTIS A GREENLEY&WIFE
1490 LONG LAKE BLVD 1480 LONG LAKE BLVD 1485 LONG LAKE BLVD
TRYGVE BJORGEN K R VANDEN BRANDEN KURTIS A GREENLEY
1490 LONG LAKE BLUD 1480 LONG LAKE BLVD 1485 LQNG LAKE BLVD
LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356
38 35-118-23 22 0002 38 35-118-23 22 0003 38 35-118-23 22 0004
MARIE E WENDT TRUSTEE JOSEPH L&KATHERINE CASHMAN IMPOOL LLC
1525 LONG LAKE SLVD 1509 LONG LAKE BLVD 1505 LONG LAKE BLVD
MARIE WENDT JOSEPH L&KATHERINE CASHMAN IMPOOL LLC •
1525 LONG LAKE BLVD 3018 WATER ST 5619 LAKE ST W
LONG LAKE MN 55356 MAPLEWOOD MN 55109 ST LOUIS PARK MN 55416
38 35-118-23 22 0005
R L PELIKA&J A HJORT ET AL
1465 LONG LAKE BLVD
ERIC A VANDENBRANDEN .
1465 LONG LAKE BLVD
LONG LAKE MN 55356 �
I CERTIFY THAT THE FACTS REPRESEN A U AND TRUE EPRESENTATION OF INFORMATION
AS IT APPEQ�S TT�S�lA�'&QJ`I THE R O T C F RVICES DEPARTMENT. .
DATE: �'�N�( U LU IC BY.
,�;� . •
�
..'L:
�
r
r
Date Application Received:04/16/12
Date Application Considered as Complete:04/30/12
Initial 60-Day Review Period Expires: O6/29/12
To: Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
From: Michael P. Gaffron,Asst. City Administrator
Date: May 18, 2012
Subject: #12-3554, Douglas and Ann Englund, 3884 Cherry Avenue
■ Variances
■ Public Hearing
------------------------------------------------------------------------------------
Zoning District: LR-1C Single Family Lakeshore Residential,0.5 acre/100'
Lot Area: 14,799 square feet(0.34 acre)
Lot Width: 52' at OHWL, 59' at 75'setback line
Application Summary: The applicants are requesting the following approvals for construction of a � ,
new residence to replace the existing residence on the property:
1) Lot area variance to allow construction on a lot of 14,799 s.f area where 21,780 s.f. is required.
2) Lot width variance to allow construction on a lot of 52'defined width where 100' is required.
3) 0-75' hardcover variance to allow 2.62� existing hardcover to remain in place where no
hardcover is normally allowed.
4) 75-250' hardcover variance to allow 35.0% hardcover where 39.65% hardcover exists and only
25%is normally allowed.
Staff Recommendation: Staff recommends approval, subject to PC recommendation re:
mitigation measures.
Pertinent Zoning Ordinance Sections
78-1288 Herdcover
78-350 Area, Height, Lot Width and Yard Requirements
List of Exhibits �
ExhibitA. Application
Exhibit 8. Practical Difficulties Form &Statement
Exhibit C. Existing Survey/Site Plan
Exhibit D. Proposed Survey/Site Plan
Exhibit E. Aerial Photo/ Bing Photo/Site Photos
� Exhibit F. Hardcover Calculation Worksheets
Exhibit G. Proposed building plans and elevation views
Exhibit H. City Code Sections
Exhibitl. Area Map
ExhibitJ. Property Owners List
Exhibit K. Neighbor Acknowledgement Forms
Exhibit L. City Engineer Comments
�
12-3554 �"�
�
May 18,2012 '
Page 2 of 5
Background
The existing house was constructed around 1930 and is in poor condition. As applicants have
described in their practical difficulties narrative, it would be appropriate to rebuild a new residence
on the site. The lot is typical in size of many lakeshore lots in Orono. The property currently has a
detached 2-stall garage with storage above, which applicants have renovated within the past 15
years. They are proposing to construct a new residence with attached garage totaling
approximately 1700 s.f., but would also like to keep the existing detached garage of approximately
500 s.f.,which will contribute to 75-250 hardcover overages.
---------------------------------------------------------------------------------------
REVISED/UPDATED LOT ANALYSIS WORSHEET .
Lot Area/Width:
LR-1C Required Actual
Lot Area 0.5 acres 0.34 acre (14,799 s.f.)
Lot Width 100 feet 52 feet at OHWL, 59 feet at 75'setback
Structural Covera�e: �
Lot Area Structural Coverage Limit Existing Proposed (As depicted)
14,799 s.f. 2,220 s.f. (15%) 2,078 s.f. (14.0%) 2,249 s.f. (15.2%)
Setbacks•
LR-1C Required Existing Proposed
Lakeshore(General Development �5' 93'(to deck) 94'(to deck)
Lake Classification)
Rear/Street 30' 86' house 69' house/att.gar.
10' 23.7'det.garage 23.7'det.garage
West Side 10' 14.3' house 14.3' house
48'det.gar. 48'det.gar.
East Side 10' 11.8' house 11.8' house
3.9'det.gar. 3.9'det.gar.
Average Lakeshore Setback 0' 0' 0'
Encroachment
Hardcover•
Hardcover Total Area in Allowed Existing Hardcover Proposed Hardcover
Zone Zone Hardcover
0'-75' 4,195 s.f. 0 s.f. (0%) 110 s.f. (2.62�) 110 s.f. (2.62%)
75-250 10,604 s.f. 2,651 s.f. (25%) 4,204 s.f. (39.65%) 3,711 s.f. (35.0%)
Totals 14,799 s.f. 2,651 s.f. 4,314 s.f. 3,821 s.f.
---------------------------------------------------------------------------------------
Hardcover Variance
Hardcover in the 0 to 75 foot zone is currently 110 s.f. which includes wood steps, a concrete wall
and pad,and a small pumphouse. Applicants propose no changes in the 0-75'zone.
�.
'�+ 12-3554
May 18,2012
� Page 3 of 5 �
Hardcover in the 75-250' zone is currently 4,204 s.f. consisting of a 1369 s.f. house, a 471 s.f.
detached garage, a 1077 s.f. driveway, plus decks, sidewalks and retaining walls totaling 1287 s.f.
The proposed house is somewhat larger at 1690 s.f. including an attached garage and covered front
stoop. The driveway will be lengthened to serve the attached garage, but narrowed to minimize
hardcover. Existing retaining walls north of the detached garage are proposed to be removed. The
deck on the lake side of the house will be much smaller than the existing deck.
In reviewing whether additional removals are possible, it is noted that the existing and proposed
houses are setback substantially from the street lot line. The addition of an attached garage
requires a longer driveway for this house location. Most of the ancillary hardcover items are
proposed to be removed, leaving the question of the detached garage for discussion.
There is no question that the detached garage will provide for added storage considering that the
attached garage is barely 21'x22'. If the detached garage and sidewalks/decks associated with it
were removed, hardcover could be reduced by approximately 600 s.f. while still leaving a functional
backup apron alongside�the driveway. This 600 s.f. reduction would translate to about a 6%
reduction in 75-250' hardcover to around 29%.
Applicant should be asked to comment on the need for keeping the detached garage. '�
Grading&Drainage Plan .
The grading plan retains existing grades in the 0-75' zone. Along the west property boundary the
slope drops off steeply to the neighboring property; a swale is proposed to direct drainage to the
north within applicants' property to alleviate runoff concerns, and then will be directed to the
applicants' lakeshore yard rather than the neighbor's yard. Along the east side of the property,
existing retaining walls north of the detached garage are proposed to be removed and replaced with
a slope ranging from 3:1 (acceptable) to much steeper(not recommended) - portions of these walls
should probably remain (see photos 9 and 10). This would slightly increase hardcover in the 75-250'
zone.
The City Engineer's comments are attached as Exhibit L, primarily dealing with erosion and sediment
controL
Practical Difficulties Statement
Please review the applicants' practical difficulties statement and narrative attached as Exhibit B.
Practical Difficulties Analysis
In considering applications for variance, the P/anning Commission shall consider t6e effect of ti►e proposed
variance upon the health,safety and welfare of the community, existing and anticipated tra�c conditions,
light and air,danger of fire,risk to the public safety,and!he effect on va/ues of property in the surrounding
area. The P/anning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances where their strict enforcement would cause practica/di�culties
because of circumstances unique to the individual property under consideration, and shall recommend
approval only when it!s demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code.
�
12-3554 "`
May 18,2012
Page 4 of 5
Staff Review of Practicai Difficulties
The lot was legally created and the existing house built prior to the adoption of the current zoning
standards. The property owner is proposing to build a new home with a small attached garage and
proposes to keep the existing detached garage while adhering to the 15% lot coverage limit (as
proposed the structural coverage is about 30 s.f. over the 15% limit, so tweaking will be needed).
The overages in existing and proposed hardcover are to some extent a function of the existing house �
location and the topography of the site,with the house resting on a high point between the lake and
the street. Certain retaining walls are needed to preserve the hilly nature of the site.The proposed
2-story house will not alter the essential character of the locality. Economic considerations alone
are not a factor in this variance request.
The topographic conditions and house location at more than double the required setback from the
road are factors unique to this property, although not uncommon for similarly situated lakeshore
lots in the LR-1C district. Granting of some level of hardcover variance is necessary to allow a
reasonably sized home to be built on the property. Forcing the home to be closer to the road to
reduce driveway hardcover would not be appropriate given the site topography and the location of
adjacent residences. The proposed house will not impair health, safety, comfort, morals, or in any
way be contrary to the intent of the zoning code. Grariting the hardcover variance is not merely a
convenience to the applicant but is necessary to alleviate a practical difficulty.
Allowing the detached garage to remain is not quite as easy a decision. The City has required
substantial hardcover removals on similarly sized lots. If the detached garage is to remain,
applicants should be required to provide measures to mitigate the hardcover excesses. Such
measures might include rain gardens or lakeshore buffers.
Issues for Consideration
1. Does the Planning Commission find that that the applicant proposes to use the subject
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. Is the proposed house appropriately sized, or should it be reduced (or the detached
garage eliminated) in order to reduce the impacts and the degree of the hardcover
variance?
4. What mitigation measures should be required if the detached garage is allowed to
remain?
5. Are there any other issues or concerns with this application?
�
`' � 12-3554
May 18,2012
Page 5 of 5
Staff Recommendation
1) Staff recommends approval of the lot area and width variances.
2) Staff recommends approval of 0-75' and 75-250' hardcover variances at a level Planning
Commission finds acceptable. If reductions from the current proposed levels are recommended,
` then a revised site plan should be requested. Measures to mitigate the hardcover excesses
should be proposed if the detached garage is allowed to remain in place.
3) Applicant is advised that there are likely going to be street parking difficulties during the
construction process. This neighborhood has narrow roads, and a number of new home
construction projects are anticipated within a block or two of the site for the next two years.
4) Approval is subject to all recommendations of the City Consulting Engineer in his letter dated
May 17, 2012. .
� Planning Commission options for action:
1. Recommend approval as presented, or with specific conditions or revisions;or
2. Recommend denial,stating reasons;or
3. Table for more information or submittal of a revised plan (provide applicant wi'th specific
� � direction).
� ' � � PC Exhibit A
City of Orono - _
Variance Application
Street Address: Application# � - J'�
�Q� 2750 Kelley Parkway Date Received: / p
Orono, MN 55356
� 0 0 Staff:
- Main: 952-249-4600 � Fee: $700 � �ps
� �* fax: 952-249-4616 Renewal: $350
�'�� �ti`� Mailing Address: After-the-fact: $1,400 Double Fee
`�'ESHO�'� Crystal Bay, MN 55323-0066 Escrow Fee: $700 ,5� �/O�
Tli s ap cation�orm mus� t be.o pletetl'�` in`full Applicant will�.b ne otifed�wifhm 1_..tl vs�asto�th'�eRstatus of,the
: x� . � _ .�_. ,
� .�.� _ � �,�.�...� .
apphcation!. Incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORMATION: �:..:�•
� SiteAddress: 3884 Cherry Avenue, Orono, MN 55364
Property Identification Number(PIN): og_1 1 �-23-33-0084
Date Property Acquired (month/year): SEP/1 9 9 9❑ Yes, I own the adjacent parcels.
Zoning District: LR-�C - -- �
APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party)
Name: DouQlas and Ann En.qlund
Phone (home): 703-978-7359 Phonex(�f�):(mobil) 703-568-4994
Complete Address: 3884 Cherry Avenue
City, State&ZIP Orono, Minnesota 55364
Email: douct.englund@gmail.com Fax: NONE
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: Douglas and Ann Englund
Phone (home): 703-978-7359 Phone (��c): (mobil) 703-568-4994
Complete Address: 3884 Cherrv Avenue
City, State&ZIP Orono, Minnesota 55364 �
Email: doucr.enqlund@crmail.com Fax: NONE
DESCRIPTION OF REQUEST: .
Describe the request in detail (attach additional sheets if necessary):
We are requesting a variance to allow us to tear down our existing house
to build a new YlOL74� with at�aehed c�arac�e on our �ro�erty at 3884 Cherry
Avenue. The square footage of all structure over 6 feet- high will be
2, 200 sq. ft. , which is the allowed 15� of the total area of the property.
At the same time we have reduced the hard cover area in Zone B by almost
500 sq. ft. ( from 4, 229 sq.ft. to 3, 711 sq. t.
• dG�`CI\/C11
Variance Application Updated: January 31,zo,2 ApR 16 Z01 Z
- 13- ���(OF ORONO
�
REQUIRED SUBMITTALS: '
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
�� � �yy � .y +w �fi�,,�+^aw� � s.,. �uv "� - ,s,� r*- ; f:
��.,fSR'E 4� =��t �O�F,: '� a��i �� � ,�� i. 9 h a'�'� � .%F'.s7�' g`z4 �.t
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�Enclosed=� � It�e�bte� ,�r.���.:�� ��� ' , '� :� .�:
� 6�1 ❑ Escrow A reement si ned �
;. .�n��1.�4�� �� �l�h �,�,:�Escroiiv:received "°°� ,{� _
�„� s. M _. _, ,. , ,....., , �:�: -
❑ 6� Pre-A lication Form
�,��`��� � `� *�:<<� �����, `licati�in For�n �,���: `��: �: �,.
, [�7 ❑ Practical Difficulties Documentation
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..
.,,���3�C1 u�:�°�_ -� ��p���,� �Cert�fetl�:Fro�e. flwriers�List ,�in^'fi 3e...a�t Y Orono) ,�' ._-
�
❑ 0 Surve meetin ALL re uirements f on file at Orono)
��°�`�� ���;� €.�' t;�.�.rl�::�.��>,. :;.P„t�' s�tl Plaris �� �$, _�. M��=- "" � .J �
❑ ❑ Hardcover Calculation s on file �at Orono)
� ��� r TM� =�� .4< :S�e ttc;S'.stem:Site-Evaivation�te° rt. � �
� ❑ C� Wetland Delineation
#.�::`:.� CI ` , w `Y k,�.- ,.,'I�IVefi�an�:;Bi��fer.��raliiafion�.:.�� i� �3�. ;:�, _
❑ 4 � � Buffer Im rovement Plan
� ^c'��w„i.^�.x�.'4 .._ E lse.'`�' ��::u ..�a�,.:* }9 ".:;:� $.:..r r ,�s+,,. .'�
..r _°'!�6=;""'°� --«r'�•I� ">T a. �.e�r.,.,�b. :e,+.= ;°�,-.-7�>. «— x,
APPLICANT AND/OR OWNER: '
. • . Agree to provide all information required or requested by the Planning Department,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses
incurred in review of this application, and
• Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and
owner recognize that they are solely responsible for submitting a complete application being aware
that upon failure to do so, the staff has no alternative but to reject it until it is complete or to
recommend the request for denial of the request regardless of its potential merit.
• Acknowledge the Escrow Agreement is completed and signed.
• The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto
the property by City Staff, consultants, agents, Commission and Council Members for purposes of
investigation and verification of this request. "
• Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the
Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting,
please make arrangements to have an authorized representative attend in place of the applicant/owner and
advise the City Planner assigned to your project.
Applicant's Signature: Date: �,L �z � '�,p�Z
�
Applicant's Signature: n Date: 2 �
Owner's Signature: . � ,,f t Date: 1�, p
_ c,
Owner's Signature: ate: j 2 �
R�CEIVED
Variance Application Updated: January 31,2012
- 14- � - APR 16 20`f�,
CCt'Y OF ORONQ
� ,
' PC Exhibit B
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota 8tate 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�i�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 something out it will not be considered.
Please address each of these d�culties 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 permitted by the Zoning
Chapter.°
We believe our �roposed use is reasonable.
2. Tthe pli�h,t of the landouvner j..s due to cl�cu�,nsta[��.��5,unique to his property not created by the landowner.°
T�e tie�ieve �hzs tb kie tfi� `ca�se.
3. "The variance, if granted,will not alter the essential character of the locality." - -
This variance will not alter the essential character of the locality.
The rec�uest� if granted, will result in a modest increase in .
structure, to the 15� limit, but will also result in almostwa
4. "Economic considerations atone do not constitute practical difficulties if reasonabl use for the roperty exists
underthe terms ofthe Zoning Chapter.° 500 sq ft decrEase in �ardcov�r.
True
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.�
N�A
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."
Do not believe this to be applicable , ,
Variance Application Updated: January 31,2012 ■`��+E'V�D
- �s- " - APR 16 2012
CITY OF OR01��
f
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 structure or land in question are peculiar to such property or
immediately adjoining property."
_N/A -
9. °The conditions do not apply generally to other land or structures in the district in which said land is located."
__I>I/A
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
Granting of thi.s application will allow" us to replace our
sub-standard home with one more suitable to our needs.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any
other respect be contrarX to the intent of the Zoning Code."
We believe this to be the case.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty."
While stavinq within the 15� of qross area allowed for structure,
we have also manacted to eliminate almost 500 sq, ft. of hardcover.
We believe we have reduced hardcover to the practical maximum
and therefore have a demonstrable difficulty to achieve���.r���al.
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):
See attached statement
Variance Application Updated: January 31,2012 RECEIVED
- 19-
.. APR � 6 2012
CiTll��QF��NO
.
Practical Difficulties Statement
We purchased the house and properly from my wife's parents in 1999. Our intent at that
time was to use the property as a summer home at least until I retired from the
Department of Defense. At that point we planned to decide whether we woulsi move to
Minnesota in retirement, or continue to live part time in Minnesota.and part time in
Washington DC. If we were to move from the Washington,DC area, our intent was to
renovate the house and bring it up to modern standards. `
Upon purchasing the property,however, we were faced with the immediate need to repair
the existing garage. It is a concrete block structure,two walls of which are dug into the
ground. One of the walls had buckled over the years from ground pressure, and the entire
siructure was in danger of collapse. We have since put more than$30,000 dollars worth
of repairs into the garage: new concrete block wall; new floor and apron; new retaining
wall from the garage to Cherry Avenue; new concrete steps alongside the garage from
ground level to the attic level; two new garage doors and a service door; insulation,
skylights, and new windows in the attic; and a new electric circuit from the house to the
garage. -°�
I have since retired, and we have decided to move to our property on Lake Minnetonka.
While we understand that we could probably get approval for a renovation with little
di�culty,we have gradually come to the realization that tear-down and rebuild is the �
best option for us. The house is poorly insulated;the HVAC, electrical, and plumbing
systems are all problematic,windows all need to be replaced—just to mention some of
the problems. -
Thus, our goal is build a new house with an attached garage and to keep the existing
garage. We want an attached garage because we are at retirement age and an attached
garage only makes sense in Minnesota.. We also want to keep the existing garage because
it is now in excellent condition, and also because it will be used for a third vehicle and as
a workshop. Additionally, because the garage is built into a hillside,if we were to
remove it we would also have to expend significant resources to replace it with some
kind of substantial retaining wa11 system.
The practical di�culty arises because even though we can meet the 15% structurallimit
(which is about 2,200 sq ft),we cannot meet the 25%hardcover requirement in Zone B.
The existing property is already significantly out of hardcover compliance and has been
since well before we purchased the property.
Our proposed plans stay within the 2,200 sq ft limit of structure(house, attached garage,
and existing garage). We have nevertheless managed to reduce overall hardcover in Zone
B by almost 500 sq ft, from about 40%to 35%.
Our bottom line is simply this: Had we decided earlier to build our retirement Lome on
our property,we would have torn down the existing garage,rather than repairing it, and
would have designed a retirement home of a size much closer to the allowable 2,200 sq ft
REGEIVED
� APR 16 2012
� CITY Q�4�R�N0
Y
� of structure. Now, having already made considerable investment in the existing garage,
we have chosen to design a somewhat smaller home to remain within the allowed 15% of
gross area of structure.
We believe we have stripped away as much hardcover as is practically possible. We are
prepared,however,to work with the city to explore other ways to mitigate hardcover,
such as a permeable driveway and/or some type of rain garden. .
• �
d�
Douglas M. Englund _
Colonel,U.S. Army(Retired) +
RECEIVED
APR 16 2012
CITV OF OF�ONO
I .
� NORTH ARM
• "TRAVERSE"
;•�\ �/LINE
�. / � � "��•4.,
� �' :•929.4 CONT�UR LINE �
� (931.3
� ,� � �/ SuR�v-
/ � ' ~�'�� �
i :� — �
� :%^ coNC. � ��� r' ` �
� /� � ��--� + '-'
/ � � CONC. ���. ` _oo �
� ' � W'�'� CONC.��
' � /� �l�_,_ STEPS ��
/ , / l s► ''ss�8-__�'' cs�.9�
l / � � � l 6� 0 �9••.
� , `o� � `�0 �,--.... �
937.4) • M / �
EXISTING/ , �� � / � � �
HOUSE / � /- � .
#3898 / /
/ / (940.3) /'
� ' /� ^ -T'� �' � / � ^ i� � f_�
� � / �_ l�) I I / / . I �> _ � �I .-
/ / �5' � N
� �`— � I� LENEA�� ��•
� � ' ^� \�—_ �� ��'� / N
I • I CELLAR� " � ��
� �O N/ ENT ANCE //
M� ' Y N� �A/ f944.5J ��
� �� ��t't
N / /� / EAS1'ERLY LINE OF LOT 16,
N/ � ••"�4•3"/ �945.p� BLOCK 3, CRYSAL BAY VIEW,
i DECK AS CURRENTL.Y OCCUPIED
� � � / FLOOR 36.5� 11.8 • (955.�.
� LEVEL
� � =(942.6) • �� ��
j �'� ^ j � EXISTING --W�� E�
� � � M �
��W'LY LINE 2 FLOOR � H�
/ OF LOT 17 / r #:
o L(9 0�.1) HOUSE M � WO ��
� #3884 y LL
� �N � ,� DECK � .
m � �
� \ �, �� �J CONC. 36�5 o ti co��. LEGAL DESCRIPTION OF
/ � q / p�q , qh /8TEPS
� NTEO �9y9.Q `
/ / w000 /� Lot 16, Block 3, Cryst
� s �'� / BORDER � � � Crystal Bay View. The
� �: � �E'LY LINE o J ,� � � Of SQIC� LOt �7 IS herE
� • �• / I O F L O T 1 7 �3Q y Q � so u t h e r l y l i n e o f s a i d I
/ b � 3Q �/ p s a i d s o u t h e r l y I m e, f r o
/ � � o / � on the traverse line, c
^.•, 3° �'' tr� measured along said t�
� � � °� ° herein the term "travE
� . ��v / (949.8) / ��
� � _ / � point on the East line
� � / east corner of said Lc
� o� �� / (949.7) (/�
2� � - . I feet northerly of the '
l � 4i / 21.9 � �
. � � .� . w000 �- � `�' westerly 3/4 of Lot 1
= WALL �' EXISTING � POWER
� _` h � I BLACKTOP Z � POLE following described line
� : �� �,00 / DRIVEWAY s 'N N westerly 3/4 of Lot 1
^ , � corner of said westerl
o �/ GARAGE `� .
�� ,� O �quq•�� z�.9 = o ��' southerly line of said
sw'LY s, �9 ��' � � �95�6� P�ANTED .39 , said southerly line, fro
� �4 9' ,.•.., v / •
coR r � � � Lot 17, and there end
LOT 17 �F�\�� k�� ' �/ SE'LY COR �ONCRETE �n WAL�L 1/4 ,of said Lot �7 IS
LOT 17 ETAINING;"�
'9�r,����r� ��'� w�� �" 1 southerly line of said
� , �86.� � � said southerly line, fro
(945.0) �Q � on the traverse line, c
3- " � BLAC TOP,.;,. �947,3� ��2 b. �� measured along said t�
� "�ROAD�AY � �/�2 ►. �S� �
.?
� � z•�r"�=��y.——
I � I C948 3j _3 95 5 '
� �•I � •
� \ �� � � 3 o deno�
� � ��i• • 5
Ry — o . .
/ � V N gp 34,� �� � . deno
MH �N ' p W
�� •
I (949.9) � (908.3) . deno
� � --- 917--- : deno
� Bearings :
� This survey shc � e
the location of m i
� , all visible <<hard� � '
,� other improvem� � �
DESIGNED REVISION DATE DESCRIPTION • � �'�R l )N��R� A�
� LA .K � .
� . MINNETONKA �
,
,
NORTH AR1V.�
��:' ' "TRAVERSE"
:'�� LINE
r , �� '
�—-�__ `��O ��� � 929.4 CONTOUR LINE
� —�.��.�
� • _/ suRV�v�
_____�----- � �L-fNE� \
' �'��_ �`
� . W� . _'j �—��
/ �` � — �° �� �
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_--- ^ � � 936-�- W -�� ---
__—�— �p '—= _n1 �--__ ----
/ Q ''�,� , \ (937.9i �--� �
/ � ���--s3�----- — —_______—_
� � ^ �� / 620�9.. ----------
9374�j,� ^� / O ��'�
� �`tv J � .
� � l � � ____.
HOUSE G� � ,. � F I �
�� � CA�'
h
#3898� � r, ' � � � :+ ;•-. (s4o.$) �V
, \\ ; �,.., / � _
/ ' '�
: :;,� . ' / PROPOSED ' / �
,,, / ' SILT FENCE\•• • ' r�� ��
� ;:,? o :... ,
'"'' 75, �� � N �..}-�
� .� �
". � / SETBACK ��� �� �
� " , � � �LINE / � ��/ .
� � / �``\_� / / '�V�c ,� �
�9� � �/ l�� � _'�_ �F � / �
� �� ��F � i
�/ /� °' N� �v �°i°�c / y�� `/ k S� /� /
% // c�/�J �' w�t.� / w / � �G'FT �
M � �ll/ �j�'-- _ 944����° /� � // ���N
'��k
� / / � l�F
C�/� � ��/ ��3�" 941, •� ��'~� / EASTERLY kM �FjL6T 16, /��1
� /,� �4' ' � oF� � �'�'�':�"�° BLOCK 3 �CR,�Ak BAY VIEW,/ �
� �� � d- I � AS CURR�N�LY 6CCUPIED f ��
� �/ /� 3ss 9+4.' ��. �j�Ja` i� �/ / �
. / / N/ r t,_ /� // / csss.o)
� "OFLLOTIN�7 q7� � ,°``° • � / � �/
i � � �. �h6 PROPOSED / �i �, Ex�s�
� � �`° � HOI�S.F N �� -..t... � � � Hou.
EXIS7'ING /� � �j� ,� #3884 � ' ��� // /� #386
GA�AGE / / � ` :.°j� .: / �
� �O�T� •; ��,`,•. ;., � �� LEGAL DESCRIPTION OF PREI
g�`�' � �j� � ..e,F�,u�e yso 14.5 ,� �-i�'_ �
� ,�� j �¢ . �� ��� 2 ST� � /� Lo�� 1 �, E?lock 3, Crystal Ba
i / � / �� � '_�,a� �� � Crystal Bay View. The line <
��� � / O •lts4 / " 3 ,r of said Lot 17 is hereby d�
/"�' /� ^'� / 37
� , Zzo � ����� �/ �,southerly line of said Lot 1
�� /� R�, / 9�, � ;�' wW� :�-.... / � said southerly line, from thE
9�� l �i / � � :�` � f� ��6" on the traverse line, as sac�
� / / . � � measured along said traver�
// / ��v � �,?��/ 95 � � � herein the term "traverse I
/ / /�: /oF�-° � PROPOSED .:��, � � point on the East line of sc
DRIVEWAY ewsla+c .'� �j O
� / � ��1/ c949_e� / DRNEWAY ;,: ,�/;:/,.; p� � I e a s t c o r ne r o f s a i d Lo t t
/ � � � � ; � " ••-••...,_. T° :' ,:� .. I ; 1 feet northerly of the South�
// �/� h�j � ` ��;-� �s49.,� / \ westerly 3/4 of Lot 17, Blc
�"� � � �p \ following described line: Begi
/ ° `� �o b � � 21'9 4•� ���, � westerl 3/4 of Lot 17 dis
� �� �d` �� � �`O, �� � ^EXISTING PowERp � corner of said westerly 3/4
,^� o � "b , � N � � \� southerly line of said Lot 1
/ I � ,� o � � o .
\ � o � o� � � GARAG� � � said southerly line, from sai
s � LY, ' \ � o ii l v,°• � � �949� 2�.s � Lot 17, and there ending. T
� c�� .� ��� .;`' �� � � �� 9536 � 3• � 1/4 of said Lot 17 is here
� _ �� o tiNF � � � ,�� ; � . southerly line of said Lot. 1
��ri�,,� '�` �� SE, `� G��G;;; � said southerly line, from thE
o \'1��� �� �OT j j�R �a>';N � on the traverse line, as sac
o� �� 86 ��� \ � measured along said traver.
(s4s.o) � 0
BLACKTQ4?•••• ���,3� � � \� O . denotes Ir
'ROADWAIY j''1r � � o Z�
l� � �9�3 R��2��,� �z.s�--. � .
� ,� 3 2� '•�� • . denotes ir
� 95 S � ..��� •..,.,. �_______ __
� • 5 1��::� —
� � •��Q� 908.3 � denotes e:
Y , ______ � � .
� .� V � ]�T �� o _
� "�' -� .L V � Q—34_OQ�� s�o.s : denotes pi
� E o __w
� � (949.9) � ——917 —- : denotes e:
1 .
�� ' 904 . denotes pi
v
Bearing m vn
x
�
NOTE: `. �: of
v ak�
. This survey sh�ws the bour
�� � i � r • � •
' Hennepin County GIS - Printable Map
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I Parcel � Map Scale: 1"=50 ft. N
�p: 08-117-23-33-0084 �; A-T-B: Abstract �
; � Print Date: 5/18/2012
! Owner j Market
I Name: D M Englund&A Englund ; To��: $554,000
i Parcel 3884 Cherry Ave � Tax $6,089.46
�Address: Orono, MN 55364 j Total: (Payable:2012)
�
i
;Property Residential Lake Shore �, Sale $257,500
; Type: : Price: This map is a compilation of data from various
� sources and is fumished"AS IS"with no
' Home- Non-Homestead Sale 09/1999 representatian or warranty expressed or
� implied,including fitness of any particular
iStead: , Date: purpose,merchantability,or the accuracy and
; completeness of the information shown.
� Parcel 0.35 acres ' Sale
Area: 15,374 sq ft ; Code: COPYRIGHT 0 HENNEPIN COUNTY 2012 1 .
, � 'fitr�nk Gr.eem.
http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=450921.1324015 875,4977673.... 5/18/2012
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" PC Exhibit F
�. DD�� � ���e�,�' �"��..����°��'�
Address: � �✓ G� ���. �U��� � Date: �° '��"��
� Prepared by: ��f�td��� ���a���G.t�k"�'�,S' -
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (GIRCLE ONE) 0-75' 75-250'250-500' 500-1000' •
EXISTING HARDCOVER IN ZONE . �
A. Flouse • x = S.F.
• Length Width
x = S.F.
x = S.F.
B. Garage x = S.F.
C. Driveway x = S.F. •
x ' = S.F.
D. Sidewalk ' x � = S.F.
x = S.F.
E. PatiolDeck x = � S.F.
. X = S.F.
::.:,�,
W f7��� .
F. Lan pe x = 6� S.F.°,��'�'��
� Und ain x = S.F.
By la tic . ' x . _ �—S.F�����
� 26 � s.F.-W��-� .
• G. Retaining Walls x = �g
� �M i�
H.Other x • = S.F. - f�IDVS�
TOTAL HARDCOVER IN ZONE � - ��� S.F. A
TOTAL PROPER A AREA IN ZO i� /� ,.�- _ �1�7� S.F. B
+ B T}�� x 100 2.h,'�?. %
PROPOSED HARDCOVER IN ZONE(including exisfing hardcover to be retained) �
A. House x = S.F.
Length Width .
x = S.F. •
• x = S.F.
B. Garage � x • = S.F.
X � - S.F.
C. Driueway -
X = S.F.
D. Sidewalk x = S.F.
X = ' S.F.
E. Patio/Deck x = S.F.
x = S.F.
F. Landscape � x = S.F. '
Underlain x = S.F.
By Plastic x = S.F.
`4 Y
G. Retaining Walls x = S.F.
H.Other ,x = • S.F.
TOTAL HARDCOVER IN ZONE - S.F. A
TOTAL PROPERTY AREA IN ZONE � - S.F. B
ONO�O �O �J..I� A � - B x 100 = • % .
Z��Z � < �dW -21 - .
a3Ai3�326
� .
�
� � 0�€ G ,� ��u'2J' ���'���,�,�'r�
Address: � t��� ���"'�'d:`s �w'��'tf�� � Date: .�^f�"��.
Prepared by: ���c:s��:��� �3��SoGt�a°'��� ' _
HARDCOVER CALCULATION WORKSHEET
SETBACK�ZONE: (CIRCLE ONE) ,0-75' 75-250` 50-500' S00-1000' •
� EXISTING HARDCOVER IN ZONE �
A. House • x = ���� S.F.������
• Length Width ���.4�►v'��
X = 39 s.F.-�C�`�►��:
. x = �r�+� s.F�.co,��,.��
. c.—�cit���
B. Garage Z).� x '�.d•� = 4'�� S.F. �u��ttt� "'
C. Driveway x = !L��� S.F--Dr�urw��
- • ' x = S.F.
D. Sidewalk • x � _ (,b _S.F.-p�U��
x = S.F.
fl[UL •t4�
E. Patio/Deck x = 32- S.F��i��+��.
x = 4k�b S.F.���.�e
X - 2� S.F_5'f�aE WA�.I. �. ..
F. La s ape -
Un rlain x = � S.F:-��+�. ����s
By sfic � x . . _ �� S.F:+�o���i��
. Gvrvc,wye.t � �Gr.,3 S.F.-w.�Lt,S
• G. Retaining Walls • ,1�¢�' '�.� pR�N�'��Y X � - •
�v.uG,�Up(t
H.Other x = �8 S.F.^ s,.r���
� �-20� S.F. A ���°
TOTAL HARDCOVER I�V ZONE '
TOTAL PROPERTY AREA{N ZONE - 1�'s,f�� S.F. B
q ' YZ(3`a� + B 1 G�t b6�' x 100 = 3`e.�'.a . %
PROPOSED HARDCOVER IN ZONE(including exisfing hardcover tb be retained) ;Z�;�,u�,�
A. House x = ��3�°/ S.F.-'�����
Length ' Width ,r.
X � _ ±l b�c� s. . ���:�a ���
X = -� S.F.-C'�.�t�cJn
g?4,�r!'S 1
B. Garage ' x • _ -�iof S.F.-i'��ovE-
L�1.4��'u.^jf�'t.
C. Driveway x = ^�' ���� S.F. N6�
X = �lora S.F.•RCrea�r
� ' � 5 i;X�f>^i-
D. Sidewalk x = '�'��.� S.F.- � u>:�s-!� ,
X = � ?gv _S.F.��za��,�v�
�,w'�4 bl�
- —1-�i S.F.rl�ul Ds'GU,;y.
E. Patio/Deck � X -
, • x = � S.F..I��r•i0U?,
� � �����
F. Landscape x = -7 0 S.F..��.G��_
X S.F. 5 P,i.TC..
Underlain ?g+f,`r'!T ��Y 'r.�.h' ' �A�_� S.F.YI���'�OVE
By Plastic X -
���V��
• G. Retaining Walls x �b�a �� _� � �� S.F.��'or�+�,�ce;
H. Other .x = (_ ��,� � _S.F?`y�"'fi 1.o�'.,k
TOTAL HARDCOVER IN ZONE �'��� '° ��:� '
3.�.�� S.F.. A
TOTAL PRCSPE�tTY AREA IN ZONE - ��.��`'�' �.F. g
q .��E� � = B ,�� G o�' —x 100 = ��°a c��---��° �
• -21 -
PC Exhibit G� t
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' Municode
PC Exhibit H
Sec. 78-350. -Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-1 C district shall exceed 2'/z stories and shall not
exceed 30 feet in height except as provided in section 78-1366
(b) Lots. The following minimum requirements shall be observed:
Lot Lot Front ide Rear ide Yard
rea idth ard ard ard djacent
(acre) (feet) (feet) (feet) (feet) o Street
feet)
.5 100 30 10 30 15
(Code 1984, § 10.25(6);Ord.No. 18 3rd series, §3, 9-27-2004)
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' Municode � Page 1 of 5
Sec. 78-1288. - Hard cover limitations.
(a) Hardcover allotmenf. The following hardcover restrictions apply to all properties in the
Shoreland Overlay District: .
(�) Hardcover zones.
a• Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or
tributary, no hard cover or impervious surface shall be placed, located or
constructed, except for driveways, stairways, lifts, landings and lockboxes as
regulated elsewhere in this Code.
b• Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25
percent hardcover.
�• Between 250 feet and 500 feet of the OHWL there shall be no greater than 30
percent hardcover.
d• Between 500 feet and 1,000 feet of the OHWL there shall be no greater than
35 percent hardcover.
(2) Zone to zone credit/debit.
a• The allowed allotment of hardcover for the 250 feet to 500 feet zone or the 500
feet to 1,000 feet zone may be increased up to an unused square footage of
allowable hardcover of a zone closer to the OHWL.
b• Unused hardcover cannot be transferred to a zone closer to the OHWL. � �
�• If hardcover is credited from one zone to another, additional hardcover may not
be later added to the zone closer to the OHV111. if the presence of such
hardcover would have prevented the crediting.
d• The allowed hardcover in any zone shall be decreased by the amount of legal
non-conforming hardcover in the zone next closer to the OHWL.
�b) Addifiona/hardcover provisions. .
(�) Overhangs: �
. a• Where an overhang is supported by a post, the area under the overhang to the
outer edge of the post shall be considered as hardcover.
b• All but the outer two feet of an unsupported overhang ten feet or more off the
ground shall be considered hardcover.
The following drawings are included for illustrative purposes: [Drawing 1].
(2) Decks: Hardcover may be added under a deck attached to a principal structure if the
deck is conforming or legal nonconforming and the added hardcover is otherwise
permitted.
.�3) Driveway easements:The following principles apply where one or more properties
(secondary property) gain its driveway access from an adjacent property (primary
property) by virtue of a driveway easement:
a• That portion of the driveway on the primary property that serves both the
� primary and secondary property is considered hardcover for the primary
property.
b• That portion of the driveway on the primary property that senres only the
secondary property is not considered hardcover for either the primary or
secondary property.
http://library.municode.com/print.aspx?clientID=13094&HTMReques�http%3 a%2f%2fli... 5/18/2012
Municode Page 2 of 5 "
c. The area of the driveway on the primary property that serves only the
secondary properiy shall not be included in the lot area of the primary property
for purposes of calculating hardcover.
The following drawings are included for illustrative purposes: [Drawing 2].
(�) Future improvements. The following items shall be included in hardcover calculations
regardless of whether they are proposed to be construction at the time of building permit
application:
, ��) Proof of a two-car garage (detached or attached).
(2) For all garages a driveway, subject to the standards in paragraph (d) of this section.
�3) A 24 inch wide sidewalk from the front door to the driveway.
(4) The minimum stairway or landing at all exterior doors as required by the building
code.
�d) Driveways. All driveways shall comply with the following minimum dimensional standards:
(�) Driveways serving end loading garages shall maintain a driveway apron with minimum
width equal to the width of the overhead door(s). '
For purposes of this section, a driveway apron is that portion of a driveway that
extends 15 feet from the garage door(s) on an end loading garage.
�2) Driveways serving side loading garages shall provide a minimum turn around or back
up depth of 20 feet, as measured from the garage door(s).
�3) Minimum driveway taper ratio shall be 2:1. .
. (4) Driveways shall be at least eight feet in width at the street or private road.
(5) A turnaround shall be provided for a driveway with direct access to an arterial or
collector roadway, or for a side load garage as determined necessary by the city
planner. The minimum dimensions of the turnaround shall be eight feet in width by 12
feet in depth.
(6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside
to outside of the strips) will be considered hardcover.
The following drawing is included for illustrative purposes: [Drawing 3].
(e) Compliance.
(�) It is unlawful to convert, enlarge, or alter any structure or use any structure in a
manner that violates the hardcover limitations.
�2) Nonconforming hardcover may not be relocated or expanded in any way unless the
property is brought into conformance except:
a• A roofline may be changed but the roof may not be extended over unroofed
portions of the structure.
b; An additional story may be added over roofed portions of a structure.
�• An open or screened porch may be converted into a two or three season porch
or year round living space (including replacing a post foundation with a
perimeter foundation) provided hardcover is not increased.
� (3) This section is independent of lot coverage regulations in the city Code. Accordingly, a
property must conform to both hardcover and lot coverage regulations.
http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3 a%2f%2fli... 5/18/2012
PC Exhibit I
� Hennepin County Mailing Label Map
Provided By:Taxpayer Services Department
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!�1 tp} t�2} (<ai tu} Isol { 1�} I�M ( 1 lS 3 c )
For more information contact: Prl�t Date: 1/31/2012
Hennepin County GIS Division Map Legend:
300 South 6th Street Map Scale: 1" = 127'
Minneapolis,MN 55487 � BUff2f SiZ@: 150 feet
gis.info@co.hennepin.mn.us � 1�1ldtef � f�kajor Roads
>�� Park Minor Roads
Map Comments: Parcel ��y
� ;3884 CHERRY AVE V� Buffer Region w _:���/`�
jORONO, MN ; F � Selected Parcels �
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. � CITY OF ORONQ
Laser Labels ; ; � Use3MTemplate ; �; �,
Compatible with Avery�5160�Template ' ' Feed Paper 3100-A,3100-B,or 3100-C ' '
PC Exhibit J
38 OS-117-23 33 0007 � 38 08-117-23 33 0008 �, 38 08-117-23 33 0009
K M NEVERS K M NEVERS K M NEVERS •
9700 PORTLAND AVE S#324 9760 POR7T.AND AVE S#324 9700 PORTLAND AVE S ii324
BLOOMINGTON MN 55420 BLOOMINGTON MN 55420 BLOOMINGTON MN 55420
38 OS-117-23 33 0020 38 08-117-23 33 0027 38 08-117-23 33 0043
RICHARD H NELSON GERAI.D M CLARK III COL 8.MRS D M ENGLUND
3908 CHERRYAVE 3907 CHERRYAVE 5101 SPRING ROCK CT
MOUND MN 55364 MOUND MN 55364 FAIRFAX VA 22032
38 08-117-23 33 0044 38 08-117-23 33 0045 38 08-117-23 33 0084
COL&MRS D M ENGLUND PAUL TAYLOR " DOUGLAS&:ANN ENGLUND
5101 SPRING ROCK CT , 3883 CHERRY AVE 5]Ol SPRING ROCK CT
FAIRFAX VA 22032 MOLTND MN 55364 FAIRFAX VA 22032-2643
38 08-117-23 33 0085 38 08-117-23 33 0087 38 08-117-23 33 0090
RICHARD&CHICKY LOSCHEIDER PAUL TAYLOR STEVEN&MARGARET ENGLUND
3898 CHERRYAVE 3883 CHERRYAVE 3855 CHERRYAVE
MOUND MN 55364 MOUND MN 55364 ' ORONO MN 55364
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MAR 1�6 2012
CITY OF OROM4
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APR 16 2012
�I�OF ORON�
ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM
I(we) 1 a.,l G. f/L74.'����.-of__ .3��3 cr,.,�:� r��C U�'on� .'!?�'
(print name(sj] (prim addre'ssj�
have reviewed the plans for the proposed improvement or proposed use of the property located al
Sg 8`/ C{.e ny �v R also reterced to as Land Use Application No.
Orono �M
I (vre)understand that in executing this ackno�Medgement,I(we)am(are)not asked lo declare approval oi
disapproval of ihe property or use but merely to confirm for ihe City Council that I(we)am(are)aware of ihe
improvement plans and that the proposed neighbors project or use requires Council approval.
����t- ��... 3�a€:.� a�,z .
PropeAy Owner Dale
���;' I 3_ . .�o!�—
PropeAy Own Date
If you have any infortnation that may assist the City in the review of this Land Use
' Application,please submit your comments lo the Building&Zoning Office at Ieast 10
days prior to the schedu�ed meeting date. •
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� ............................»...,.........................................................................,.....................
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 laated at
also referred to as Land Use Application No.
I (we)understand that in executing lhis acknowledgemenl,I(we)am(are)not asked to declare approval or
disapproval of ihe property or use but merely to confirtn for the City Council that I(we)am(are)aware of the
improvement plans and that the proposed neighbors project or use requires Council approval.
Property Owner Date
Property Owner Date
If you have any informaiion 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.
Venanu+Appl�caunn Updated.January�1.2012
RlECEiVED
APR 16 2012
CITY OF ORONC'�
AQ:lAGE11yfT PRC)RERTY OW�fEE�S' AClCNQ{Al1.��GEM�NT EC3Ftl1�
Marion and June Englund, 6600 Pleasant Ave. , Richfield, MN 55423
� t,��� Kathryn �Nevers ap9700 Portland Ave. S. , Bloom�ngton, MN 55420
[print nam�(s}� jprint addrass]
haue cevi��ued •the plar�s for the propased impravemen� nr proposed use of the property lacated at
����� ��' � �v� also refe�red to as Land tJse Apptica#iar� �lo.
C7 r�rn,� � �
t (we} �nders#and tha� in executing ti�is acknowl�dgerrrent, I (w�) am (ar�) not asked to declare approvai ar
disapprnva{ of the proper�y csr us� but merely ia ca�nfirrn:for the Cify Gou�cii that I (�nre} am �are} aware af fhe
imp�s�vement pians and that t�e propc�sed neighbofis pcojec#ar use requires Co.un�it approval.
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Pr p rty Qwner �'� � Date
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P per�y O r � Date
t�.you have a�iy in�foc[natiorr th�ti may assis�t��Gity in t�e revieuu of#his E�nd Use
Application, please submit your commer►ts tQ me 8uiidirig �Zoning Office af least 10
days priorta fhe sched�fed meefirrg da�e.
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ADdACEt+iT PROPEEi'fY OWNER$'ACk�WiQYVLE�GEMEt"�T��RM
I'{we) of
[print namet�.?l [P�nt addressj
have reviewed the ptans for the proposed improvemenfi ar prop�sed uss af the �roperty tacated at
alsa�ef�n�etf fo as t_a.nd Use App(ication�Ia.
1 (vsre� understand that in execufing this ac�rtc�wledgement, f .(we} am (are) not.asked to declare approva( or
dis�pprc�vat �f the property or t�se but merel�r to�sonftrm fo�the Ci�y Cos��cii tha� C (we� am (are) arrvare of t�e.
improvement;plans�nd fihat t4�e propoSed n�ighhor's prp}ecfi or use requires Ct►uriciE app�oval.
ProperCy C?wner D�te
Property Qwner Date
Ifi yau have.at�y.i�formation that ma}r assist the City in the review af this Lanci Use
Appticafion, piease:su6mit yaur commerrts:tv the guiitfing&�Zoning Qffrce at feast 1 fl
days priar:to the scheduled meeting cfate. � CEI�I/��
Variance Apptication Updated: ,���,u�ry s�.z���: APR 16 2012
,_ CI�OF�1RON�
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PC Exhibit L
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• � BOI__.TON � M �N K , I NC� .
. Consulting Engineers & Surveyors
" 2638 Shadow Lane, Suite 200•Chaska, MN 55318-1172
Phone(952)448-8838•Fax(952)448-8805
www.bolton-menk.com
May 17,2012
City of Orono
Attn:Mike Gaffron
PO Box 66
Orono,Mn 55323
RE: Variance Application 2012-3554
House Reconstruction
3884 Cherry Avenue
Deaz Mike:
As requested,we have reviewed the submittal package for the proposed house reconstruction at 3884
Cherry Avenue. The Grading Plan is dated February 22,2012 and the Variance Application is dated
Apri112,2012. Based on our review,we offer the following comments for your consideration:
1. This project will disturb more than 25 cubic yazds of material. Therefore, a Storm Water
Pollution Prevention Plan(SWPPP)must be submitted for review in accordance with Sec.79 of
� � the City Code. The minimum$2,000 sediment and erosion control financial security should also
be required of the owner for this permit.
2. The siltfence should be extended south along the west properly line and across the front of the
property,with an opening for the driveway,to prevent any sediment leaving the property.
3. Due to the length of time required for a house reconstruction project,a rock construction entrance
should be placed at the driveway entrance to prevent sediment from being tracked onto City
streets by construction vehicles.
4. If any sediment is tracked onto City streets,the Owner/Contractor should be required to reclaim
the sediment via scraping and/or street sweeping by the end of each day.
5. Disturbed green areas should be restored with seed or sod within 7 days of grading completion.
... 6. Provide top of wall and bottom of wall elevations and dimensions on the retaining wall in key
locations(i.e.grade changes,alignment changes). Walls four feet or greater in height must be
designed by a licensed Professional Engineer. Multi-level walls spaced less than double the
height of the bottom wall apart shall be considered one wall,and the height shall be determined
from the base of the bottom wall to the top of the upper wall.
7. The applicant will be required to obtain a Minnehaha Creek Watershed District pernut for erosion
control. A copy of the permit should be submitted to the City after MCWD approval.
Please contact me if you have any questions or need additional information.
Sincerely,
BOLTON&MENK,INC.
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David P.Martini,P.E.
Principal Engineer