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HomeMy WebLinkAbout02-21-2017 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE -k) 1 2D ii 0 COUNCIL SJOPLANNING COMMISSION OTHER Assistive Listening Device available upon request. p S �_. i ming inforrrli:�t, .%;::Wl' z `" a 7s ` ' z r PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER WI dtr r r1 d 1. ', vrc v er Mtpie (*dye , MNsT3I1 17 - 3 KO 2. 14c C�1Sbti +1 g tol Eit c kodoe2A tQN 1 .p imovw o.S vt5f6i✓ 5.611 Z 0- 39 ch 3. 40114 hi C (cGS v‘ uti, 19,4_ t? 4. �,L . 1 t at- k..i 1{---e- 3477)-�o,(15ki'r1 ave- 17-3 90 6, 5. f i. �, i SJ a...._ - 6. �r '1710 Lo M . 13_, 3,p„3„, 7. r��-- f,a,�„v,- Z 2 L r2_`.., c— 17 - ,„ 9. 1 ( &4 7 O 2-oq l-g__ . 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC _ , 1 _ (� X11�� 4 sr oft.�� ";r i` 't �� * r ONO [FED '14 .V.---' ' - i. .. 8atrtna ' - 'sir . ((/,,'J�r wry ! ]7 cAc\ `�KESIiO�� t1.tt.t.. .IL.II.II.Lt.■t.11.1 �.tt.1t.11.11.11 I.t■.II.■I.II.IIt RLt.tl.■t\11.tl.RImIt.t1.11.It.11.It.11.11.1k t■.t■.■t.■■ll■tt■■.It.018 - ,,, r AGENDA City of Orono Planning Commission Meeting for _000:041__.. - - • L � :38 iC` �� �G TUESDAY, February21, 2017; 6:30PM~ FiC Orono Council Chambers, 2780 Kelley Parkway, milt �Ydarat ( f' — ` �_„� '8_ 99 Lake Orono, MN 55356 - tay • 952-249-4600/www.ci.orono.mn.us -, _ r"�tar ' � i \ -- ____ ..--, LC,;Se-"Hr-\.V---4 I� Council Representative: Richard Crosby ijc_1610,,,,1LID >c ,] JNew Business Jfl 7f 1. Approval of Planning �� •� 5 �L- - ,1 � t_ ���. sS CommissionMeetingMinutes �I�--r '� ■ `� Q `�11.�11 k - , _H of January 17, 2017. ■t.1 / QI' �CJ� y� 2. 17-3898 Dale Richardson, 'i : liii Rock.lJpJL 2060 Wayzata Boulevard W, k `�7 ALJ ( 8C/��-�> Ordinance/PUD Text -1.--d „ \_J �S Amendment 4' �. ' '!lin.■ ' �i (Staff: Mike Gaffron) II 2- ( 3. 17-3899 Little Acorns Child Care, r ii �� _ - i „ �, II 2060 Wayzata Boulevard W, �'�\11 i Norte ( 'S Conditional Use Permit �y' A,m \, IWa;wf " ' 4,A S L (Staff Mike Gaffron) �I ) + 17-38�: 1J il 4. 17-3900 Scott Kirchner, � . i 1 "'"=" - --/ i ( 1 1090 Heritage Lane, _ T , ` 1�► ( £, Variance \ - (Staff: Melanie Curtis) 'I !goo j , 5 I �.' "_-.� 5. 17-3901 Michael Demenge, I ! � ` `- `` 8' s &""°'bPoint C-S U '� 4380 Sixth Avenue North, � ���G� '�,� ( " { 1, p,� r, ., Variances �jt_ fl--;0, fico {N * ,,,tet j ---1 Bohm,. #1 _ 04 i .. .a. ( �-�- .- (Staff: Melanie Curtis) �' IIh�T +�'rr ;�., �" P� / ) ,>_11.__�__- 6. 17-3904 Martha Myers Head, H' • �, = 'I `� -- .obi'_ rzT 2090 Shoreline Drive, M '�,'',- _ �" �;a, _ _l _ -o �.. �•,�, «.;K" a ! Variance and CUP rl 3 lu 1� Il diall=L7:16114411--.77-4[Ej � (Staff: Melanie Curtis) C� �I�O r`a�`� 7.n.t1.11it is ` L * � 7. 17-3906 Joshua/Markum Builders, Inc., I--�� - '�' :•' .� L! i i 3472 L ric Avenue, Iwo SI �■g• �! t 1 1=1 71: ahay ��� ^ v r , - i..t.n��� �'` aAh r ��.. ✓� 1PIZ q�Q!` �I0 Variances ) j� a �, d 7 �� L--J (Staff: Mike Gaffron 4,. ;° •C-��� !' , Jj, Y, `� 8. 17-3903 Ugorets 8098 LLC, Q�� t/ r,. a t L-,I __ � �0 2520 Shadywood Road, ; - � (,1 'r - '� �,,Poe`�46 "� o v Concept Plan cola —' wn a i ,.,-- ,----,.--,r--...(7, % 1 � � '� 8a °'Y ,� '. .-- C`�, g 1 1 ♦ — , (Staff: Jeremy Barnhart) C k=-. .t-j,/ d I,J '`J( J A. tt a�� � 'r - j I • �LL.LI.■L.■■LIII.LI. Q Pant -`-Z:1;1 n Cafe;ie r. Q� `}9�� ir=�� 0 q tea. `� '--)1---n-. 1'�1 • ��r -. 02-21-2017 � 4iu.u.naei /jf �_. ___A--- ..1,,.9 �i C PC Mfg • • �} L yjc>,,--., b, 1\ % U JI�LJ �f Q %1� y L �� �IJC= .3?3 f+�' L I,- �� Disclaimer: _—i --S\\ ' __,, 1 "' /n�� ���� This drawing is neither a legally g y recorded map nor a BOLTON survey and is not intended to be used as one.This 0 3,740 Feet ® drawing is a compilation of records,information,and data & M E N K located in various dry,county,and state offices,and other sources affecting the area shown,and is to be used for reference purposes only.The City of Orono is not ©Bolton&Menk,Inc-Web GIS 2 17 2017 10:34 AM responsible for any inaccuracies herein contained. Solutions/17/2017 Real People.Real Solutions. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Bruce Lemke,Kevin Landgraver, Loren Schoenzeit, and Alternate Janice Berg. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Mayor Dennis Walsh was present. Acting Chair Lemke called the meeting to order at 6:30, followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMMISSION MEETING MINUTES OF NOVEMBER 21,2016 Schoenzeit moved,Landgraver seconded,to approve the minutes of the Orono Planning Commission meeting of November 21,2016,as submitted. VOTE: Ayes 3,Nays 0,Berg Abstained. 2. #17-3886 HENNEPIN COUNTY EMERGENCY MANAGEMENT,3880 SHORELINE DRIVE, CONDITIONAL USE PERMIT: ESSENTIAL SERVICES,6:32 P.M.—6:40 P.M. Sarah Karel, Hennepin County Emergency Management, was present. Barnhart stated the applicant is requesting a conditional use permit to construct and operate a mesonet weather station as an essential service. A mesonet station consists of a 30-foot tall tower within a 40-foot square fenced in area with small weather sensors mounted on the tower and other equipment mounted on the ground. The mesonet station is considered an essential service since it will be communicating important information to County departments, including public works and emergency response. The information is then sent via cell phone to Hennepin County's central weather gathering station. One public comment was received from an adjoining neighbor who expressed concerns about possible radiation being emitted from the station. Staff has confirmed that the only signal to be emitted from the station will be a cell phone signal. A conditional use permit is required for all structures, including utility poles,within rights-of-way, which are an integral part of a system for public transportation as for transmitting power,water, heat, communications, gas or sewage by any public utility. The Planning Commission and City Council have to determine that there is no harm to the adjacent properties as part of the conditional use permit process. Based on Staff's review of the site,the most impactful aspect of the improvement is the 30-foot tall tower. The 30-foot height is the maximum permissible height for principal structures in the LR-1C zoning district. The tower will be located in the northeast corner of the property. Immediate neighbors consist of the fire station to the east and the Dakota Rail trail to the north. The nearest residential property is approximately 220 feet to the north and is located in Spring Park. The tower in this area will be visible, as existing vegetation along the rail right-of-way will not completely screen the tower. The equipment is not expected to generate noise, light,vibration or odors. Barnhart displayed pictures of the overall site on the overhead. Page 1 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Staff finds the standards for approval of a conditional use permit for essential services are satisfied. The Planning Commission had no questions for Staff. Sarah Karel, Hennepin County, stated she had nothing to add to Staff's report. Schoenzeit asked whether the residents would be able to access the data. Karel stated the residents would be able to go to HennepinWestMesonet.org., which is a free public website,to access information for this specific station or other weather gathering stations. Landgraver noted the area appears to be somewhat sloped in the back and asked whether that is a desirable spot for the tower. Karel stated the purpose is to measure exactly what the area is showing as far as weather gathering data and that soil moisture and soil temperature is one component of that. Karel stated preserving the ground in the area of the tower is important. Berg asked whether Hennepin County has ever allowed cell phone companies the ability to erect some of their equipment on the tower. Karel indicated they do not. Lemke asked whether the land within the fenced in area would be mowed and otherwise maintained. Karel indicated they will go out and maintain the area a minimum of every two to three weeks and that it will be kept shorter than the other grass since the rain gauge is located there. Karel stated it will look basically like the area around it. Lemke noted an email has been received from a resident and that this is a public hearing tonight as well. Barnhart stated an email has been received from one of the neighbors expressing concern about any possible EMF radiation being emitted from the station. The neighbor also requested that the adjoining property owners be notified if there is the addition of any radiation emitting equipment. Barnhart noted additional equipment would not be able to be added without going through a new application process. Acting Chair Lemke opened the public hearing at 6:39 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 6:39 p.m. Schoenzeit asked whether a resident would be able to erect a ham radio tower up to 30 feet in height provided it meets the setbacks. Barnhart indicated to his knowledge that would be allowed. Page 2 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Schoenzeit moved,Landgraver seconded,to recommend approval of Application No. 17-3886, Hennepin County Emergency Management,3880 Shoreline Drive,granting of a conditional use permit to construct and operate a mesonet weather station. VOTE: Ayes 4,Nays 0. 3. #17-3887 REVISION,LLC, ON BEHALF OF GEOFFREY AND STEPHANIE MARTHA, 2092 SHADYWOOD ROAD,VARIANCES,6:40 P.M.—6:58 P.M. John Daly, Revision, LLC, and Stephanie Martha,Applicant,were present. Curtis noted revised calculations and a survey have been placed before the Planning Commission this evening regarding this application. Those revisions were submitted earlier today. Curtis stated the property currently contains a small house and garage. The applicant is requesting a side setback variance and a Tier 1 hardcover variance in order to construct improvements to make the existing house and garage more functional. The applicants initially requested a hardcover variance to permit 25.7 percent hardcover. Currently the site has 25.6 percent hardcover. The allowable hardcover in this district is 25 percent. After reviewing Staff's recommendations,the applicant revised their plans with a reduced hardcover of 25.5 percent. The service door landing was omitted,the driveway was narrowed down, and a proposed patio was eliminated. The applicants are also requesting a side setback variance. The applicant proposes to connect an existing detached garage that will be situated 1.3 feet from the south side lot line to the home with an addition. This connection would result in the detached garage becoming part of the principal structure. The existing home is currently conforming with respect to setbacks,but the connection would make the principal structure nonconforming as the house would no longer meet the required 10-foot side setback. The structural coverage level is proposed to increase by over 1,000 square feet, and although conforming to the massing limitations,it results in the need for a variance to increase hardcover over the existing nonconforming level, 470 square feet in excess of the permitted level. Initially Staff had concerns about the resulting hardcover increase,but with the revised plan, Staff does not have any concerns. With respect to the setback variance for the principal structure connection,the location of the existing structures may support the variance. The applicant should be asked to describe in detail the intended project. Staff would support the variance for the connection since there will not be a substantial change for the adjacent property owner. Staff did receive one phone call from another neighbor asking for clarification on the address but he did not express any concerns with the proposed project. The Planning Commission had no questions for Staff. John Daly,Revision, LLC, stated he would be available to answer any questions the Planning Commission may have. Schoenzeit asked whether the existing garage has frost footings so it can be attached. Page 3 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Daly indicated they do not know that at this point. The existing structure has a driveway and sidewalks that wrap all the way around it. The current setback from the property on one side of the structure is 1.3 feet and they are not able to increase that at this point. Daly stated there are footings there so it is not a slab on grade but that they will not know if there are frost footings until they dig down. Daly stated at this point the garage appears to be in good condition. Curtis stated the Building Code would require footings four feet deep. Lemke asked whether the City Engineer has reviewed the footings. Curtis stated the City Engineer did not review that but that he has taken a preliminary look at the grading plan and did not note any concerns. Lemke asked how the garage was constructed in the first place with that setback. Curtis indicated the garage has been there quite a while and that Staff at this point would consider it a legal nonconforming structure. Daly stated the house was originally constructed sometime in the 1930s. Daly stated their goal is to maintain the characteristics of the home and keep it as an older style cottage on the lake. Landgraver asked if there is any way to reduce the hardcover to 25 percent. Daly indicated that would take some work and that he will need to know the actual square footage that equates to that percent. Daly noted they are reducing the current hardcover. (Commissioner Jan Berg recused herself from voting on this application) Acting Chair Lemke opened the public hearing at 6:48 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 6:48 p.m. Schoenzeit stated the applicants could probably eliminate the additional square feet of hardcover by building the attached garage and sliding the building over slightly. Schoenzeit noted on a clean sheet design,the City would never allow this, and the only reason why a hardcover variance is being considered is because it is existing. Schoenzeit asked if the Planning Commission can make a recommendation that if the existing garage ends up being torn down that the applicants will have to build a structure more in compliance. Lemke stated his understanding is the applicants can rebuild in kind. Curtis indicated that is correct. Curtis stated the better direction might be to not approve the setback variance and direct the applicant to revise their plans in some way. Page 4 of 15 ' MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Schoenzeit stated his recommendation is based on the fact that the variance is required due to the existing garage, and if the existing garage goes away,the applicants should be required to comply with the 25 percent. Lemke asked if Commissioner Schoenzeit is recommending that they approve the side setback variance if it exists as it is,and if not,they would need to come back. Schoenzeit noted Staff indicated they do not feel that would be helpful. Curtis stated Staff would prefer the Planning Commission speak directly to the request. Curtis stated if the Planning Commission feels the practical difficulty is sufficient enough to approve the addition,they should recommend the approval. If not,they should recommend denial or request the applicant modify their plan to improve upon the setback. Daly stated if a different addition goes on the south side of the house,the current house is still close to the setback line. Curtis noted the house is 17 feet from the property line. Daly stated it would not make sense for that room to be there then if they have to move it. Daly stated their goal is to maintain what is there today and that they are requesting permission to attach the addition to the primary structure. Daly indicated the space is currently a walkway or a sidewalk and that they are requesting permission to connect those two areas together. Schoenzeit stated if they find out that the garage does not have frost footings,they will have to tear it down if they want to connect it to the house. Schoenzeit stated if they end up tearing it down,his recommendation is that they not put the new structure exactly where the old structure was but instead make it more compliant with the setback. Schoenzeit stated the only reason why the Planning Commission is considering the variance is because the garage is where it is. Daly stated even if it were torn down, as a detached structure they are allowed to rebuild it in kind. Daly stated their intentions are to try to keep the garage since it has some historical elements. Schoenzeit stated the code would probably allow them to tear down the garage, rebuild it in place with frost footings,and then get a variance to connect it to the house since they would have a practical difficulty. Schoenzeit commented this would short circuit it and basically say it is there. Landgraver stated that is the end game that is allowable and doable. Landgraver stated he is more concerned about the hardcover since they are so close to being in compliance. Landgraver stated when there are complete do-overs, it is hard to grant an exception,but that this is not a complete do-over. Landgraver indicated he is okay with the side setback variance for the reasons already articulated. Schoenzeit stated from the neighbor's point of view,their view will not change. Lemke stated he would like to see the hardcover reduced to 25 percent. Schoenzeit noted approximately 100 square feet would need to be removed. Lemke asked whether the applicants would be willing to look at reducing the hardcover. Page 5 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Daly stated they did look at it once from when they submitted the application and that they can take a look at it again. Daly indicated the property owners would like a two-car garage and having a turnaround due to safety concerns for backing up onto Shadywood Road. The property consists of 4.4 acres and the lot is currently less than what is required from a structural coverage standpoint. Daly noted they are reducing the hardcover from what currently exists today. Lemke asked if the Planning Commission should table that portion of the request. Curtis stated if the direction from the Planning Commission is no hardcover variance,they can deny the hardcover variance and the applicants can continue to the City Council if they are able to find those reductions and request only the side setback variance. Curtis stated the Planning Commission could ask to see it again but that she is not sure what the value of seeing 100 square feet taken off the plan would be. Schoenzeit moved,Landgraver seconded,to recommend approval of Application No. 17-3887, Revision,LLC,on behalf of Geoffrey and Stephanie Martha,2092 Shadywood Road, granting of a side setback variance, and to recommend that the hardcover be reduced to 25 percent prior to the application proceeding to the City Council. VOTE: Ayes 3,Nays 0,Berg recused herself. 4. #17-3888 DJ KRANZ COMPANY,INC.,ON BEHALF OF GOOD SHEPHERD LUTHERAN CHURCH,3745 SHORELINE DRIVE, CONDITIONAL USE PERMIT,6:58 P.M.— 7:09 P.M. Bruce Quam,DJ Kranz Company, Inc., was present. Gaffron stated the applicant is requesting a conditional use permit for expansion of the existing church building in order to construct an 18' x 24' two-story addition for storage, office and kitchen facilities. The addition requires a conditional use permit since the church operates as a conditional use. The proposed addition requires no variances as all setbacks, hardcover, and other zoning requirements will be met. The building plans submitted depict the proposed interior layout and exterior finishes. Under consideration by the building official is whether the addition will trigger a requirement for fire suppression sprinkling of the entire building. Staff finds that the proposed addition and associated interior remodeling, along with the proposed landscaping plan that removes an existing detached storage shed,are positive improvements to the property and its use as a place of worship and daycare center. Gaffron displayed the survey of the site and noted a 2-foot retaining wall is being proposed as part of the landscape plan. Gaffron noted the location of the addition should have no impacts on neighboring properties and the size of the proposed addition is very minor when compared to the size and orientation of the existing building. The slight increase in hardcover will still leave the property well below the 35 percent hardcover limit. While it is anticipated that the improvements will not require increased stormwater ponding,the applicants are advised to contact the Minnehaha Creek Watershed District to determine whether any permits are required. Page 6 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Staff would note that the lower level storage area includes a 6-foot wide garage door that opens to the proposed lawn. The applicants may wish to consider whether a hard-surfaced pathway to the parking lot might be appropriate in this area. Staff recommends approval of a conditional use permit for the addition and remodeling project as proposed, subject to the applicant confirming with the MCWD whether any permits or stormwater management improvements are required, and subject to submittal of an as-built survey of the entire property being submitted upon completion of the project. Gaffron noted the current survey does not contain all of the necessary information for the entire property and that an as-built survey of the entire site will be required upon project completion. The Planning Commission had no questions for Staff. Pastor Loren Davis, Good Shepherd Lutheran Church, stated he has been a pastor at Good Shepherd for approximately 24 years and that one of the things on their to-do list that was created a number of years ago was to remodel the kitchen. Davis noted the church has previously remodeled the sanctuary and replaced the east wall, and that they felt this was the next project on the list. Davis noted the kitchen was originally constructed in 1959 on the south end of the building,the part of the building with the gable roof was constructed in 1959,the flat roof portion was constructed in 1971, and the front wall was replaced in 2003 and made more energy efficient. Davis noted this would be an 18' x 24' addition on the south end,which is where the kitchen is located. Davis indicated they are not doing it to increase occupancy of the building but to upgrade the kitchen to current code and building standards. Davis indicated they will also be putting in a handicap family accessible bathroom on that end of the building. There currently are bathrooms in the lower unit and in the new upper part,but due to the brick walls,the bathrooms are limited and are not handicap accessible. The stairs will remain where they are but a safety door will be added that closes off the daycare portion. Davis noted the current wall extends all the way out to the dotted line and that the addition will allow for easier access. In addition,the pantry will be enlarged slightly and the kitchen will be moved to the south. Davis stated Shoreline(Early Childhood Development Center),a tenant in the building since 1970, shares the facility with Good Shepherd and that there is a need to have two separate refrigerator and freezer units as well as space for both groups to do food preparation. Davis stated by having some storage in the lower level,they would be able to eliminate a shed on the property and clean up some things that sit outside currently. Acting Chair Lemke opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 7:08 p.m. Schoenzeit commented the addition makes sense. Landgraver stated it is a good improvement. Landgraver moved, Schoenzeit seconded,to recommend approval of Application No. 17-3888, DJ Kranz Company,Inc.,on behalf of Good Shepherd Lutheran Church,3745 Shoreline Drive, Page 7 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. granting of a conditional use permit for the construction of an 18' x 24' two-story addition, in accordance with Staff recommendations. VOTE: Ayes 4,Nays 0. 5. #17-3889 TIMOTHY AND JANE WHITE,2170 PROSPECT AVENUE,VARIANCES, 7:09 P.M.—7:14 P.M. Timothy White,Applicant,was present. Curtis stated the applicants' property located on Prospect Avenue, Briar Street and Crystal Avenue has street frontages on three sides, which requires a 50-foot setback as it is situated between two streets and is also a corner lot. The applicants are requesting setback variances in order to construct additions to the existing home on the north side. In the area of the home,the subject property has a width between 53 feet and 61 feet. The home is 24 feet wide. The applicants have proposed an addition to the home on the north side,which encroaches into both the side street and side setback areas of the property. A 50-foot setback is required from Briar Street and a 30-foot setback is required from the east side lot line. The 21-foot wide addition is proposed to encroach as much as 32 feet into the side street setback and 12.1 feet into the side street setback. A practical difficulty analysis has been provided in Staffs report. Staff finds practical difficulties exist in the property's substandard area and width, as well as the street frontage requiring 50-foot setbacks on three sides. Applying the setbacks,there is no buildable area on this lot. The encroachments do not appear to adversely impact the adjacent properties. Planning Staff recommends approval of the variances. Curtis noted there is an existing shed behind where the addition will go and will be removed as part of this project. The Planning Commission had no questions for Staff. Timothy White,Applicant, stated they are attempting to gain a little more space in the back of the house and make the house more useful. White stated the current setbacks are to the point where they are very limited in what can be done. White asked whether there is a 50-foot setback in both directions. Curtis stated it is 50 feet from Briar, 50 feet from Prospect,and 30 feet from Prospect. White stated they want to construct a small addition in the back,put a roof on the lean-to, and clean up the back part. Landgraver asked which shed will be removed. Curtis pointed out the location of the shed that will be removed,noting that it was not reflected on the survey, which is why it is being removed. Acting Chair Lemke opened the public hearing at 7:13 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 7:13 p.m. Page 8 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Schoenzeit commented the property is very limited given the street setbacks and that the addition is a positive improvement. Landgraver noted there is a house located further down Briar that also required some variances due to the setbacks. Curtis stated the lot consists of a third of an acre and that the zoning is for a 2-acre lot. Landgraver stated the setbacks are a mitigating factor. Berg moved, Schoenzeit seconded,to recommend approval of Application No. 17-3889,Timothy and Jane White,2170 Prospect Avenue, granting of street setback variances. VOTE: Ayes 4,Nays 0. 6. #17-3890 DENALI CUSTOM HOMES ON BEHALF OF STEVE AND STACIA ANDERSEN,517 FERNDALE ROAD NORTH,AFTER-THE-FACT VARIANCE,7:14 P.M.— 7:45 P.M. David Bieker, Denali Custom Homes, and Steve Andersen, Applicant, were present. Curtis stated the applicant constructed a new residence on the property starting in May of 2015. The project was completed and an as-built survey was submitted in July of 2016. Upon Staff review of the as-built survey, it was noted that two entrance monuments had been constructed near the road which did not meet the required 10-foot setback from the edge of the pavement according to City Code Section 78-1405. The entrance monument pillars are located 3.5 and 4 feet away from the traveled portion of the road. The entrance monument pillars were not included in the original building permit for the home but were shown on a subsequent survey submitted for the swimming pool permit. A separate building permit is required for entrance monuments and construction drawings are required. With the application for the swimming pool permit,no construction drawings were submitted. The subject property boundary extends into the private road. Entrance monuments are permitted to be closer to the street than other types of accessory structures. The Code requires a minimum of a 10-foot separation from the paved,travelled roadway for the construction of entrance monuments for safety reasons. The entrance monuments are located 3.5 and 4 feet from the pavement. The City Engineer did review the monuments and his comments are included in the packet along with comments from one of the neighboring property owners. Staff finds that there may indeed be practical difficulties supporting the location of the entrance monuments. However, entrance monuments are an amenity and not a necessity. There is adequate space between the driveway and the road for some type of entrance monument to have been constructed to meet the 10-foot setback. Should the Planning Commission find practical difficulties exist to allow the monuments to remain as constructed, additional comments regarding support should be provided. Staff did not find a practical difficulty for the monuments and recommends denial. Page 9 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Curtis noted photographs of the monuments have been included in the Commissioners' packets. The Planning Commission had no questions for Staff. David Bieker,Denali Custom Homes, stated they did have an active building permit for the property. Back then landscape plans were not required at the time of building permit. Bieker stated when it came time to get the pool permit,which also triggered getting the landscaping in order,they submitted the pool permit application with the new survey showing the pool and the entrance monuments in their present location. In receiving the permit for the pool,there were no comments about the monuments being too close to the road. Bieker indicated they then proceeded with construction of the pool and were subsequently asked to construct the monuments by the Andersens. Bieker stated they had the understanding that the monuments were okay since they were depicted on the survey. Bieker noted property owners are allowed to have two monuments per single property and that the setback from the property line is acceptable. The one exception is that the monuments are closer to the roadway than what is normally allowed. Bieker stated the situation was further complicated was he believed this to be a private driveway and not a private road since the road is not built to normal road standards, not maintained by the City, and does not allow two cars to pass side by side. Bieker stated due to the narrowness of the road, some of the neighbors feel they have the right to drive through Mr. Andersen's bushes and tear up his grass to avoid an oncoming car. The Andersen's desire was to put the monuments in place to prevent people from driving in that area. Bieker stated they also put lighting on the monuments since there are no lights on the street and that stretch of roadway is very dark. Bieker stated this is a very large site but there is a tremendous amount of wetlands on the site which required the house to be built close to the road. Bieker noted people cannot park on the road and you need to park on your own property. Bieker stated moving the monuments back would impede on people being able to park in the driveway and be able to negotiate in and out of it. As a result,the location was selected since it was believed to be the best spot for the monuments and still be far enough from the roadway. Bieker commented people should not be driving more than five or ten miles an hour since it is built like a private driveway. Bieker indicated he has some photographs of the monuments and the general area. Bieker noted there are a number of things that are located much closer to the road than the monuments, such as telephone poles, trees,gates, fences, and boulders. Bieker stated these monuments are actually further back than many of those other things that exist along the road and that during the onsite visit by Staff there were no safety concerns expressed. Bieker stated how this transpired was unintentional. Bieker stated the monuments cost in excess of $10,000 and they would need to be destroyed and rebuilt if they have to be relocated. Steve Andersen,Applicant, stated he read through the letter that was sent to the City and that there has been one neighbor that voiced his concerns throughout the project. Andersen stated he has eight other neighbors who were fine with the project. Andersen indicated he was out there pretty much every day making sure that the road was cleaned off. Page 10 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Andersen stated there are a lot of people that walk down the road to the park and that his monument lights are the only ones that are there. Andersen commented the area is very dark and that this is probably one of the more popular areas to walk in order to access the park. Andersen indicated he has had no problems with snow removal with his driveway or the private road and that he is hoping the City would be amenable to allowing the monuments in their present location. Andersen noted some of his other neighbors have monuments. Andersen stated this area of the road appears to be almost the widest part of the road and that there are bushes and tree branches that go at least a foot into the roadway all the way down the road. Andersen stated in the area of the monuments there is plenty of room. Bieker stated the monuments are also designed to deter people from driving on Mr. Andersen's property. Bieker noted he did read the letter from the neighbor and he got the impression that the neighbor feels it is his right to pull onto Mr.Andersen's property. Andersen stated the property was vacant for a number of years and that most of the neighbors got used to doing that. Andersen indicated he did speak with the neighbors about it. Andersen stated the monuments will help keep people from driving over his sprinkler system and tearing up his yard. Landgraver asked what the metal stakes are for that are depicted in some of the photographs. Andersen indicated they are for snow removal and are seasonal. Curtis noted there are plantings in between the monuments and the road. Anderson stated there is also a gas line in that area and that he would like to have something to show that people should not drive over that area since the gas line is not buried very deep. Lemke asked where the other monuments are located. Bieker indicated they are at the entrance of different neighbors' driveways,with one being at the corner fairly close to the road. Bieker stated there is also a fence that comes up to the road but the bigger concern is the trees. Berg asked if they deliver mail down the road. Andersen indicated the mailboxes are located down at the end of the road. Lemke asked if the monuments prohibit any emergency vehicles or fire trucks from going down the road. Curtis stated not to her knowledge. Curtis stated the width of the roadway should be wide enough to accommodate those types of vehicles. Bieker stated it does get very narrow at the end but is wider in front of Mr. Andersen's property. Lemke asked how far the monuments would need to be relocated. Curtis indicated 6 feet and 6.5 feet. Page 11 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Acting Chair Lemke opened the public hearing at 7:30 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 7:30 p.m. Schoenzeit commented it is a tough situation since the monuments clearly do not match the requirements of the code. Schoenzeit noted the City had someone who wanted to put a gate on a county road when there was some room behind the gate. Schoenzeit stated that is not the situation here since they do not have a gate that is blocking the driveway. Schoenzeit stated the monuments are already built and the owner has incurred some expense,which appears to be a practical difficulty. Barnhart stated he would be challenged using the fact that the monuments are there as a practical difficulty since financial concerns cannot be used as a reason to support a variance. Landgraver stated the Planning Commission also reviewed an application where there was a garden shed in the front yard and the property owners were required to remove it. Landgraver stated he has a tendency to side with the City since the approval process was not followed. Landgraver stated while the developer may not have known it was an issue and did not call it out on the plan,he would have to jump to the City's defense and say that they should not be expected to look for things outside of the pool. Schoenzeit stated even if something is on a plan and is not called out by Staff,the developer is still responsible for complying with the code. Bieker stated in his experience every time they turn in a survey,they are scrutinized. Bieker noted the monuments were also listed as an item on the hardcover calculation very clearly. Bieker stated there were approximately ten items listed and the monuments were clearly listed along with the calculations for the pool. Bieker stated in his view it should have been noted that they were there even though it was an application for a pool. Bieker stated every time a homeowner does a project, a new survey is turned in and that in his view the monuments should have been noticed by the City. Schoenzeit asked if the monuments were a line item on the hardcover calculations. Bieker indicated they are and that he could provide a copy of it. Curtis stated she is in agreement that the monuments were listed on the hardcover calculations but that hardcover was not a concern with the property due to the size. Lemke asked if the monuments existed at that time. Bieker indicated they had not been constructed at that point and that the survey said proposed. Berg asked if there was a need for a permit when the monuments were proposed. Curtis stated monuments require a building permit along with a footing inspection. Page 12 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Bieker stated the inspectors were there a number of times, saw the monuments being built,and never looked at them. Bieker stated the monuments have 4-foot deep footings. Schoenzeit asked if Mr. Bieker called in the inspection on the footings. Bieker indicated his project manager handled that and that he cannot answer that. Schoenzeit stated if the building inspector signed off on the footings,he would be okay with the monuments. Bieker stated there was not a separate permit pulled for the monuments. Schoenzeit stated if there was an inspection report for these footings,he would be fine with the monuments, but if he doesn't have an inspection report for the footings,they should be removed. Curtis asked if an electrical permit was pulled. Bieker stated there had to be. Curtis stated the file will reference a permit number and that she is looking to see if there are any notes under the swimming pool permit. Curtis stated someone cannot just call in and ask for an inspection but that they have to reference back to what the permit is before they can schedule an inspection. Schoenzeit stated an inspection needs to be done every time footings are poured. Barnhart indicated he does not see a permit for the monuments. Bieker stated he will have to see if there is any sign-off sheet in his file. Berg stated if there was not a permit,there would be no need for someone to sign off on it. Lemke asked how many other monuments are on the road. Andersen indicated there are six. Andersen stated there is not that much traffic on the road and that there is more foot traffic. Landgraver asked if Mr. Andersen still wants the monuments if they have to be moved Andersen stated he cannot move them ten feet because that would eliminate his off street parking. Anderson indicated the house is close to the road due to the wetlands and that the other homes are further away from the road. Schoenzeit asked what the distance is from the pavement to the backside of the plantings. Andersen stated if the monuments are 10 feet away from the road,he would not be able to back out of his garage. Page 13 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Bieker stated the practical difficulty is that the house needed to be close to the road and that Mr. Andersen is not able to use his property the way the other neighbors can due to the wetlands. Schoenzeit asked what the front edge of the garage door is to the oval. Andersen indicated he does not know that off the top of his head. Bieker stated the realty is if the monuments have to come down,the Andersens will not be able to have them and that they will have to deal with people driving through there. Landgraver commented the Planning Commission is attempting to recognize that there are some issues here. Bieker stated they are attempting to identify the property and make it a workable situation for everybody. Bieker stated cars can be up to 20 feet long,which makes it challenging for off-street parking. Landgraver stated if there is indication that the City inspected the footings,the City essentially approved it by default. Landgraver stated he is sympathetic given the expense and the additional usefulness the monuments are providing,but that he would not want to approve a variance after the fact. Landgraver noted the Planning Commission is an advisory board and that the applicants can go before the City Council. Lemke commented monuments are more decorative than anything else and that he would go along with Staff's recommendation. Lemke stated the applicants are free to bring it to the City Council and have them review it if the Planning Commission recommends denial. Landgraver moved, Schoenzeit seconded,to recommend denial of Application No. 17-3890,Denali Custom Homes on behalf of Steve and Stacia Andersen,517 Ferndale Road North. VOTE: Ayes 4, Nays 0. 7. #17-3895 UGORETS 8098, LLC,2500 SHADYWOOD ROAD,CONDITIONAL USE PERMIT,RESTAURANT This item was removed from the agenda at the request of the applicant. Barnhart noted the applicant has waived the 60-day review period and notice will be republished once the applicant brings this application back before the Planning Commission. Barnhart indicated parking was an issue discovered during the review and the applicant is looking at different options. 8. UPDATE ON CITY COUNCIL MEETINGS HELD ON NOVEMBER 28,2016, DECEMBER 12,2016,AND JANUARY 9,2017 Barnhart stated at the end of last year, he sent a spreadsheet summarizing all the actions taken by the Planning Commission and the City Council. Barnhart stated based on that spreadsheet,he noticed, from a pattern perspective that the City Council looked very closely at the Planning Commission's recommendations. Barnhart stated while the City Council did not agree 100 percent of the time with the recommendations,they appreciated the work of the Planning Commission. Barnhart reported on the following actions by the City Council: Page 14 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. • Approved the final plat for Charles Cudd on Shadywood Road; • Approved the easement vacation associated with that project and other variances. Barnhart noted in November,there was a joint Planning Commission and City Council workshop where a number of ordinances were identified and prioritized. The City Council will be hosting a joint work session to review a couple of those ordinances on February 1. Barnhart stated he is going to attempt to keep the work sessions to two hours and that he does anticipate work sessions the first three or four months of the year. Barnhart noted additional items approved by the City Council include the videotaping of Planning Commission meetings and the acceptance of Senior Planner Mike Gaffron's resignation. Barnhart noted Mike Gaffron will be with the City until the end of May. Landgraver stated he appreciates the help of Mr. Gaffron during the Planning Commission meetings and that it is helpful to know if the Council is in line with the recommendations of the Planning Commission. Berg commented Mike has always had very valuable information to provide and that he has a great perspective on planning. 9. OTHER ISSUES FOR DISCUSSION Lemke asked if any action has been taken on the Planning Commission going paperless. Barnhart indicated that was included in the 2017 budget and that Staff will likely start that later in the first quarter. PLANNING COMMISSION COMMENTS None ADJOURNMENT Landgraver moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 7:57 p.m. VOTE: Ayes 4,Nays 0. ATTEST: Bruce Lemke,Acting Chair Page 15 of 15 Item 2 Date Application Received: 1/17/17 0A, Date Application Considered as Complete:1/17/17 VO 60-Day Review Period Expires: 3/29/17 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator gKESHo`Lti From: Mike Gaffron, Senior Planner Date: February 21, 2017 Subject: #17-3898, Dale Richardson of CBS-MN Properties, 2060 Wayzata Boulevard - Amend B-6 District and/or PUD No. 2C Agreement to Allow Daycare Use - Public Hearing Application Summary: The applicant is requesting that the City amend the zoning provisions for the subject property to allow 'daycare' as an allowed use for the property. In a separate application (#17-3899), Little Acorns Childcare currently operating in Long Lake has requested a Conditional Use Permit to operate a daycare in the existing building on the property. Staff Recommendation: Planning Department Staff recommends approval of an amendment to the PUD No. 2C Agreement to allow a daycare use at this site. Staff does not recommend amending the allowed uses within the B-6 district to include daycare at this time. List of Exhibits Exhibit A. Application Exhibit B. Proposed Use Overview Exhibit C. Survey/Site Plan Exhibit D. Building Interior Plans Exhibit E. Building Code Review for Daycare Use Exhibit F. Comp Plan and B-6 Zoning Code Excerpts Exhibit G. Resolution No. 5613 Exhibit H. PUD No. 2C Agreement& Development Contract Excerpts Exhibit I. Wayzata Boulevard Improvement Plans Excerpt Exhibit J. Aerial Photos of Site Exhibit K. Property Owners List Exhibit L. Plat Map Background Dale Richardson of CBS-MN Properties,owner of the property, is applying for the necessary approvals to allow'daycare' as an allowed use of the property. The impetus for this request is the companion application by Little Acorns Childcare, currently operating in the Long Lake Town Center but looking to continue operating in a new location in the Long Lake—Orono area. With approval of the daycare use, Little Acorns would relocate to this site. The property is zoned B-6 PUD, and is governed by the Planned Unit Development No. 2C Agreement and Development Contract(see Exhibit H)and Resolution No. 5613 which granted General Development Plan and Final Plat Approval in 2007. The only approved use of the site is for a small office condominium complex of five buildings, of which only one was ever completed. • #17-3898 2060 Wayzata Blvd. February 21,2017 Page 2 The property remains in a partially developed state,containing the initial building, a foundation for a second building, and 3 vacant lots. Site grading, parking lot and utilities were substantially completed by the original developer in 2007-2008 but little additional activity has occurred on the site since 2009. Comprehensive Plan Considerations The Orono Community Management Plan (CMP) in Map 3B-6: Land Use Plan,guides the property at 2060 Wayzata Boulevard for"Office" use,while the CMP text suggests that the area west of the Orono Woods Senior Housing "should be developed with a mix of commercial uses including retail,service and office components"(CMP Part 3B, Land Use Plan, Urban Commercial Land Use, Orono/Long Lake Commercial Area, Pages 38-40). The only other properties within the Highway 12 corridor guided for'office' use are the Service 800 building and the four parcels south of Kelley parkway between Willow Drive and Old Crystal Bay Road. The Orono CMP does not(and probably should not) provide the level of detail as to what specific uses are considered as"office"or"service". Daycare uses are commonly found in office settings as well as in retail, residential and institutional settings. Zoning Considerations Daycare is not a permitted or conditional use within the underlying B-6 Highway Commercial Zoning District, and is not a permitted or otherwise allowed use per the provisions of the PUD 2C Agreement. Because the PUD 2C Agreement functionally becomes the zoning for this property, an amendment of the Agreement at minimum is necessary for approval of a daycare use should the City Council choose to allow it. While it could be argued that the underlying B-6 district standards could undergo a text amendment to allow daycare, such an amendment would be applicable to all other properties zoned B-6 in Orono. The number of such properties is fairly small, however,consisting only of the Otten Brothers Nursery site and the three undeveloped commercial lots along the south side of Kelley Parkway, plus the medical/dental office building across from City Hall. In the residential zoning districts where daycare is an allowed use, it is a conditional use. Those districts include R-1A, R-1B, LR-1A, LR-1B, LR-1C, LR-1C-1, RR-1A and RR-1B.The code provisions for a daycare conditional use within each of these districts are listed as follows: "Within any(R-1A, etc.) one-family residential district, no structure or land shall be used for the following uses except by conditional use permit: Schools, daycare centers, uses accessory to a high school: a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children." Daycare is also allowed in just two of Orono's business districts(again as a conditional use) including B-1 and B-3.The provisions are slightly different for these two districts: "Within the (B-1, B-3) business district, no structure or land shall be used for one of the following uses without a conditional use permit: "Day nurseries,provided not less than 50 square feet of outside play area per pupil is available and fenced." #17-3898 2060 Wayzata Blvd. February 21,2017 Page 3 The primary intent of this review is to determine whether a daycare use is appropriate for this site at 2060 Wayzata Boulevard, and if so, define what general conditions should be established for that use. Adding a bit of complexity to the issue is that this site contains 5 separate building pad tax parcels as well as the common parking lot which serves each of the five pads. In discussions with the applicant recently and with others over the past five years,the likelihood of the remaining four pads being developed for office condominium use as platted is relatively low. There appears to be greater interest in developing the east half of the site for some type of multi-family residential use. How that would interact with the proposed daycare use is unclear. A comprehensive development plan for this site would be preferable to the piece-meal approach we are faced with. Optional Approaches to Zoning. If the Council determines that a daycare use falls within the broad definition or scope of'office use',and further determines that a daycare use is within the scope of a 'service use',then neither a CMP map amendment nor CMP text amendment are necessary. However, if the Council determines that a daycare use does not fall within the scope of office or service uses,then a CMP map&text amendment would be required. In either of the above scenarios,at a minimum an amendment of the PUD No. 2C Agreement will be required in order to allow the daycare use at this site,since the existing Agreement is quite specific as to allowing only the 'office condo' use.. If it is determined that daycare would be appropriate generally within the B-6 District,then a companion text amendment to the B-6 zoning code should be considered. Site Plan Considerations Site planning for the specific requested daycare use for this property will be considered in the review of the companion application#17-3899 by Little Acorns. However, a number of site planning considerations pertinent to any use of this site will be addressed here. Parking Requirements.The original approvals for parking for this site recognized that while the Zoning Ordinance requires 1 stall for every 200 s.f. of floor area for all professional office uses,this number may have been excessive for the anticipated office condo use. The term "floor area"for the purpose of calculating the number of off-street parking spaces is the net usable floor area of the various floors, devoted to retail sales,services,office spaces, processing and fabrication, exclusive of hallways, utility space and storage areas other than warehousing. For office buildings the City has generally considered the net "floor area"for parking calculation to be 85%of gross floor area. For the original approvals,after consulting with the City Engineer and the City's planning consultant, it was determined that a parking requirement of 3.5 stalls per 1,000 s.f. (1 stall per 286 s.f.) using 85%of the gross floor area,was a more realistic standard for the office condos. This would balance the need to provide adequate parking completely within the site,while eliminating unnecessary hardcover. Council accepted this formula and it was used in the approvals for the office condo project, requiring 101 stalls for the anticipated 34,000 gross s.f. of office space (34,000 sf x 0.85)/286 sf= 101 stalls. The site plan was approved with a parking layout that just meets the minimum with 102 stalls. For uses other than office, parking requirements vary considerably. Per section 78-1516, "day nurseries" require four stalls plus one for each 500 square feet in excess of 1,000 square feet of floor space in the principal structure. Retail sales and service establishments require at least one stall for each 150 square feet of net floor area. Restaurants require at least one stall for each 80 square feet of public floor area. The available parking at this site is a limiting factor in the types of uses possible. How the proposed daycare use impacts this is addressed in the CUP application memo (17-3899). #17-3898 2060 Wayzata Blvd. February 21,2017 Page 4 Parking Layout. The parking areas as constructed meet all required setbacks. The parking stalls have never been striped, so reference to the site plan is necessary. By all indications it also appears that the wear course of bituminous has never been installed. A back-up apron was included at the end of the most northwesterly parking area. This provides a necessary function for this dead-end lot,and was located so as to be usable for a potential future service road connection to the west. While such a connection is immediately unlikely,easements for a through-route for a traffic connection between Brown Road and Willow Drive were required in past approvals for this site, but were never granted as the original developer defaulted. Establishment of a play area as proposed within the northerly six stalls of the lot would at least temporarily preclude the possibility of a future connection and negate the backup apron at the north end. This will be discussed further with the CUP review. Site Vehicular Access. The site shares a driveway entrance to Wayzata Boulevard with the Orono Woods Senior Housing property. Original office condo approvals in 2007 and earlier took into account the lack of a direct full-turning-movement access to the site from Wayzata Boulevard,due to the in-place median and no turn lanes.To this end, when the Senior Housing project was approved in 2001,the City required a cross-access easement through the Senior Housing parking lot to allow direct access to/from Brown Road from the 2060 parcel. The current plans for Hennepin County improvements to Wayzata Boulevard will remove the median and insert an opposing left turn lane system, allowing full turning movements at the shared driveway. This will make access to the applicants' property much easier and less of a burden to the Senior Housing. Site Topography,Stormwater Management. This site was extensively re-graded to create a rear walkout situation for each of the 5 building pads.The regrading included substantial boulder retaining walls and a storm sewer system in the parking lot and at the walkout level, connecting to the Senior Housing storm sewers and eventually discharging to the stormwater pond in the NW quadrant of Brown Road and Wayzata Boulevard. The office condo developer completed required expansions to this pond to accommodate all drainage from the 2060 property, hence no on-site stormwater ponding is required. Analysis The proposal to allow the daycare use should be evaluated against the goals of the Community Management Plan. The CMP maps the subject property for office use, but guides it for"a mix of commercial uses including retail,service and office components". Daycare is certainly a service that is vital to the community. Sandwiched between a multi-family senior housing development and a retail/service mall with a minor office component,the daycare use may be an appropriate use for this site. In addition to evaluating a proposal against the CMP,the character of the existing neighborhood is often used. The current use, CMP guidance, and zoning of adjacent parcels is: Use CMP Zoning North Single Family Residential Residential R-1A PRD South Trucking Operation Commercial B-1 East Multi-Family Senior Housing Residential RPUD West Commercial Strip Mall Commercial B-1 The character of the immediate neighborhood is varied. Some businesses in the Highway 12 corridor provide services to a sub-regional area, not necessarily specific to Long Lake and Orono,while others are quite localized. The proposed daycare use is likely to be providing service to local residents and potentially to some smaller subset of commuters. , #17-3898 2060 Wayzata Blvd. February 21,2017 Page 5 The Planning Commission and City Council should determine if the proposed daycare use is consistent with the Community Management Plan and/or the neighborhood. Public Comments No comments for or against the proposal have been received to date. Issues for Consideration 1. Would the daycare use be consistent with the goals of the Community Management Plan? 2. Is the proposed use appropriate for the neighborhood? 3. Does the Commission find it necessary to impose specific conditions in order to mitigate the impacts of the use? (To be reviewed further with the CUP application) 4. If daycare is appropriate for this property, is it appropriate for other B-6 properties? 5. Are there any other issues or concerns with this application? Staff Recommendation The daycare use at some operational level would in the opinion of staff be a reasonable use for this site. There are specific details of how that use operates which should be reviewed as part of the companion CUP application. Planning Department staff recommends approval of an amendment to the PUD No. 2C Agreement to allow 'daycare use'as a Conditional Use at this property, establishing a basis for consideration of the companion CUP application. Staff does not recommend amending the allowed uses within the B-6 district to include daycare at this time. City of Orono PC Exhibit Amendment Application ❑ Comprehensive Plan />r,,Ordinance Text I ❑ Zoning Change (check one) Street Address: Application# 7 $ 8 AO Jfl>© 2750 Kelley Parkway ( � �l Orono,MN 55356 Date Received 1/ —/�—/7 s r 1 ..>.. Main: 952-249-4600 Staff `�J --- fax: 952-249-4616 Fee $700 �� --1.:e6 � Mailing Address: y t P.O.Box 66 Escrow $700 �v 1 I ::// Crystef Bay,MN 55323-0086 Notes Q Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: 2060 Wayzata Blvd.,Orono,MN 55356 APPLICANT INFORMATION: X check here if Applicant address should be used for billing Applicant: Dale Richardson Phone(Primary): 612-708-6085 Mailing Address: P.O.Box 575 City: Long Lake ZIP: 55356 Email: CommercialBuildinaServltlive.corn PROPERTY OWNER INFORMATION: 0 check here if Property Owner Is same as applicant in check here if Property Owner address should be used for billing Name: CBS-MN Properties Phone(Primary): _612-708-6085 Mailing Address: P.O.Box 575 City: Long Lake ZIP: MN Email: CommercialBuildingServaillive.corn APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property 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. • The Property 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. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property 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. • Information will be distributed email Applicant Si (__. � / Z---- — G PA Signature: 1 Date: 47 Applicant Signature: ,.---- -) Date: Property Owner Signature: -f`';‘ Date: /--- /? —/? Property Owner Signature: Date: RECEIVED Amendment Application-January 2017 Page 4 98JAN 1 7 2017 CITY OF ORONO 2060 Wayzata Blvd Orono,MN 55356 Adjacent Property Owners West Property Line: Owner: Orono Station West Llc ORONO STATION WEST LLC Taxpayer 2160 W WAYZATA BLVD ORONO MN 55356 East Property Line: Owner: Orono Hsg & Rdvlpt Athy ORONO HSG&RDVLPT ATHY Taxpayer 2040 WAYZATA BLVD W LONG LAKE MN 55358 South Property Line:Wayzata Blvd. North Property Line: 1. Owner: Sugar Woods Homeowners Assoc 4. Owner M L Ricks&J M Ricks SUGAR WOODS MICHAEL UJACQUELINE M HOMEOWNERS ASSOC RICKS Taxpayer CIO FRANK PINGTENS Tax yer 2108 SUGARWOOD DR 2007 SUGARWOODS DR LONG LAKE MN 55356 ORONO MN 55356 6. Owner: G E Mileusnic& M Mileusnic 2. Owner P Antonenko&E Antonenko GEORGE E& MARILYN PAUL D ANTONENKO MILEUSNIC ELIZABETH R ANTONENKO Taxpayer. 2110 SUGARWOOD DR Taxpayer 2104 SUGARWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 3. Owner R M Schommer&E M Schommer R M SCHOMMER&E M Taxpayer SCHOMMER 2106 SUGARWOOD DR LONG LAKE MN 55356 RECEIVED JAN 1 7 2017 3 8 98 CITY OF ORONO 2060 Wayzata Blvd Property- Legal Description Site: 1.91 acres 83,099 sq ft Torrens/Abstract. Torrens Addition: Amber Woods Office Centre Lot 006 Block: 001 Relevent PID: 0.14 acres 6,242 sq ft Torrens/Abstract- Torrens Addition: Amber Woods Office Centre Lot 001 Block: 001 RECEIVED JAN 1 72017 3898 r. Custom Building Service LLC PCExhibit 8 PO Box 575 Long Lake MN 55356 612-708-6085 Intent of project is to keep a local business in Town Narrative For 2060 Wayzata Blvd Propose to convert existing building that has been vacant to daycare Tenant Little Acorn Building size 7350 SF Hours of operation 7AM- 7PM Project to be complete by 4/15/2017 Total employees 20 Capacity up to 95 children 45 of which are infants Traffic up to 75 families of which is staggered through the day usually up to 4 drop offs at a time but no large rushes. This will include 2 play areas 1500 ft each one will be in parking area NW property one will be in low sheltered area NE We expect very little noise as we have a large buffer to the north and the elevation to the north east is lower by a 12ft wall This project will not produce any odors RECEIVED JAN 1 72017 3 8 98 CITY OF ORONO la o U 0 �3 v__. a. < N Ii• illII illi i 111,111. 111 Igo CT z g mDel. 1 i il Ji 1014. i t.,,. .g„ ii: Tuj ff- g Q o o '•,f•, � I � I Ii 11.0 3i2l �al 151316131 It — / / - - \ I t 1 I , + ; x— \ , , , , — � f f �I -1 oma, !'/ / /' / \ 1 1 1 1 , J J (� : IO / / / 11 t o r \ v. -/ / ..-- t \ ikt ,\, i . \ ' if / // — r/-- \ 1 \ t t W I ----- \ ..9.,.., i it ...):i./ t /..;.............- ."../. \ \ 1 \ 1 1 I \ \ i — . 11 ry, /1) ;2** •Zs so-4 i N _\ \ 410\> r\_r- "% iz, .„____te...______ -., . - \ .,.. ...• it ---�X 1 /i� / 5 ^� O: \ _:� El :$ �,, a. �'~ =1 t 1 t r wainr \IMF ' `` �q \ rr\ t lI-t101� _ Z L ti LO l . --- ��:14:.,„,:1-1" ._,..,,,00'11_31- g.--";-. -- 1„ � 1�rt. vi'd,'6 4101— i 10 43.- -„,.. , .....Nv.. ., „............ , ,. . 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P..... cii. $ DIP1' ' o'"" "....--.. VAN I ,pr,,, ,.. -1 I 10 ti . i_ 190, , r 'us .MO 2014.310 -""....... ' a,„ ---... ..+ 711 r ...... • A ..aoM ei _ I Od% •t a '21 012 10.\h 11 7 -0 Ip� i g L — — -- 0\2* \ • Z c\4 / /7 f--- -9 \ (...) / / 9 -.9 a o \ W o4 45 o . / Ki Al Z ' I o .1I / WY '' ..._...... _ .. RE CE1\VE JAN 17 2017 i I CITY Pc Exhibit D 1 006.-4 W- till f 3 . ; I i rs, AD R,Ip 1 i 3-g, 3 i..f., 4, 'Fs I . .....'\ I i • I'S 1 ?„.........„...„.................. .''''''''''''...... ,'4 g' ,... \ •.!:-.:. c--.. 0 ,.: , 1 I ..,e•-. ,z,„ ., . „ 1 ..::,.., - .,•• ..,..) ci' \ ; ,-- -;'' • 1 , , LP 11I Z)) . ,4.T.c.1'(.L4..±.•.':"."" •A'..• ,- - ' \ i . -, • 4, 12 • t's- e - '' , . I I& lAt .., :.. ' •' 1.--1 .4.; , , sr, c,c1. 7-04 1.- (.., . i t,',, —• * :•:‘.." ...,„ . ......... , , ov S‘i0.,.1%.,‘I-Itt 5.".•Z:7 ----------/—%. & -- - ..- .,-.. ••••-..................„.... c:2,.. ."--s.............. o, , I' ...4 f . (.1-4.-- ' Zt tri • „ ., i I .% . 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I 1;3 ul cA s2 -is ts .;:i s `� • 7.y 1 r, # 3 \ 7 t‘ii‘‘‘‘' 1 i` Aillir lk___--f. lik r �J '� ',-,/ : 14 4407 / ! fF J iiii RECEIVED • JAN.1 72017 CITY OF ORONO L 0 ci- i-- : i �-Retea/arr Nu • I 'wb♦-NF ■M C.A....Y•11w.11 Who 1 3M98 .._.. .. .... ._..._ .\\\. .... . • i %•:w.' i VI 4= % V •-ro—•"*; ii , 4.5 , . • -,1. .. ,,,•, , cj lit .• •.r . s : 1/4.TN •...,, ..‘ ., t 1 r L •,—• • 1 1 E i 1 . ., -------.1 1 1' « „ I ,..,....d 161111 1‘ . .•%•....s. _ '.. ..- '- ''- iicAlphl 1 r.:"....- i , . • , / ,...., ............. • i ..,..., -.. .-:,- , / - • .) N •4 E k 9\ :.:.'-.. -\I `..; i / f(F' 1 ,..-. f.,_; ....,i io':..% I 4''' ' . ') 4..) I ii •.‘- (A . i'k ..,, L i . t•is- ii' I"••• f -. i _!'._!....,...,_........4. I !....,„..,..1.,„21.. .., ,• ; • • ..4 I i I 4.3 8 I i 0 RECEIVED i .:-1- JAN 17 2017 # 3898 CITY OF ORON, 0 ! I, 1 ,_,1 1 1111,4%,47.:L.,A II trojs.Lia I1 I i1 MCHAGEN h ANSEN PC Exhibit E November 22, 2016 Re: Building Code Review for Daycare Occupancies 2060 Wayzata Blvd,Orono, MN Mohagen Hansen Project No.: 16403.0CBS This document will provide a basic code review for the building located at 2060 Wayzata Blvd, Orono, MN.This code review will be focused on providing the requirements for an occupancy for a Day Care within the Minnesota State Building Code 2015 and the MN State Fire Code 2015.This review does not include the MN Chapter 9503 Child Care Center Licensing. Basic Building Current Information: 1. Occupancy: B(Business) 2. Building Construction Type: Type V-B 3. Stories: 1 with a Mezzanine and Basement 4. Square Feet per Floor: Basement Level: 1563 SF;Main Level: 154.6 SF; Mezzanine:749 SF 5. Sprinkled Fully Sprinkled, NFPA 13 6. Exiting 2 exits,one on main level and one on basement level Day Care Review: 1. Occupancy Classification Table 302.2 More than 5 children under 2.5 years of age without exit on level of classrooms: 1-4 i. Mezzanine level : 1-4 occupancy not allowed by item#14 b. More than 5 but less than 100 children less than 2.5 years on level of exit: E i. Main level or Basement level:E occupancy with direct access out of classroom. Exit doors need to be added. c. More than5 children greater than 2.5 years: 1- i. Main level or Basement level: E occupancy, no additional exiting required ii. Mezzanine level: E occupancy if exit door is added. Table 503 Building Height and Size: E Allowable: 1stories and 9,500SF per floor Provided: 2 stories and approx.. 1600 SF or less per floor 3. 504.2 Automatic sprinkler system increase. a. Allowable stories increased by one story. 4. Table 803.9 Interior Finish Requirements for Flame Spreads Group E:Exits- Group B Corridors, Rooms Group C Flame spread for C: 76-200 Smoke Development Index: 0-450 5. 906 Fire Extinguisher:to be located a maximum travel distance of 75'-0" 6. Table 1004.1.4 Maximum floor area per occupant: RECEIVED Group E:Day care:35-any classroom over 1,715 SF needs two exits 7. 1008.1.10: Panic Hardware:Group E:is Required, JAN 1 7 2017 8. 1009 Stairways 3 + c : 1 ._ .• o:ks.. r. Give ! S,Htr ?Ofi.1`:iy:. i.'A`I 5554' 8 98 CITY OFORONO • 2060 Wayzata Blvd:Day Care Code Review November 18,2016 I Page Two i I 1009.3 Exit Access Stair:Floor Enclosure Exception 1: Stairways serving only two stories.(does not include mezzanine)—not required to be enclosed. 9. Table 1014.3 Common Path of Egress Travel: a. E occupancy=75'-0": Main level and Basement Level complies. b. B occupancy 100': Mezzanine level complies 10. Table 1016.2 Exit Access Travel Distance: Group E: 250'-0" 11. 1018 Corridors: Both Group E: Corridors not required to be fire rated if the building is fully sprinkled. 12. 1018.4 Dead End Corridors Group E:50'-0" if sprinkled 13. 1018.2 Corridor Width required Group E: 72" if occupant load is over 100. Building complies 14. Table 1021.2 Stories with one exit or access to one exit a. 1-4 not allowed on Mezzanine level with only one exit. b. Main Level: 75'to exit: Building complies c. Basement Level: 75'to exit: Building complies 15. 1104 Accessible Route a. Basement Level:if path to exterior door is accessible(1:20 ramp)then floor complies.If accessible exterior path does not exist then a lift(LULA)is required from Main level to Basement level. b. Main Level: if no stairs to the main entry then this level complies with code: c. Mezzanine Level: If this level is less than 30 occupants then this level complies.No lift or elevator needed 16. Table 2902.1 Plumbing fixture count Group E Water Closets: 1 per 50 occupants Lavatories: 1 per 50 occupants Drinking Fountain 1 per 100 occupants Service Sink 1 a. Restrooms need to be located on accessible routs;therefor the Main level will need to add restrooms b. 2902.3.2:Accessible restrooms need to be within one floor and 500'of a space.If restroom are added to Main level,then Mezzanine level will comply with this code. •diti•i- •a a • it: '•a . MN i. . •503 1. Outdoor play area:min. 1,500 SF,fenced off.: 2. Electrical outlets to be tamper proof. 3. Large muscle activity area needed 4. One handwashing sink and water closet for every 15 students Further Discussion 1. Rooms with Children 2.5 years and younger need a direct exit door out. 2. Restroom fixture count RECEIVED 3. Food Prep Area location JAN 1 7 2017 MOHAGEN HANSEN Architecture{Interiors CITY OF ORONO Jennifer Kaplan,AIA Architect K\Joba\2060 Wayzata-Blvd-16403\01-4dmin\Code\16403_Code Review Daycare.doar MONASEN HANSEN it 3 8 98 Architecture!Interiors CMP Part 3B. Land Use Plan COMP e`er+► PC Exhibit F properties are not continuous, with residential properties scattered among th- .4 making for a somewhat fragmented business district that is spread out over a .4. e in length from end to end. Along these two corridors the second ;-r of development is typically residential; hence the business uses in many c. -s are in close proximity to individual homes. Past City planning efforts for the Navarre area have identifie, a number of challenges to be addressed as Navarre redevelops in the years to .me: 1) High traffic volumes and the existing traffic m: • : :ement infrastructure result in poor pedestrian accessibility. Pedestri: ,, have limited options for crossing CR 15 or CR 19. The Park and ' de facility location and inflexibility of bus routes (partially due to th- ocation and configuration of the P&R lot)requires that bus patrons cro CR 15 on at least one leg of their commute. 2) Parking availability is a limiting facto or expansion or redevelopment of existing businesses. 3) Beautification efforts are hin• ed by road width and right-of-way constraints as well as financial onstraints. 4) Aging buildings are ripe .r redevelopment yet provide low rental rates that allow local business: to survive and thrive, reducing the incentive to redevelop. 5) There is little arc,.tectural cohesiveness among the existing buildings. Navarre hasn't d, ided whether it wants to be urban (buildings against the street, parking the rear) or suburban (buildings set back, parking at the front)in ch: .: ter. 6) Compa..ility of certain business uses with the closely adjacent residential neigh..rhood can become an issue. 7) E .ansion of pedestrian connectivity to adjoining neighborhoods and to ►i akota Rail Trail. 8) Introduction of higher density mixed use (residential and commercial) development to select sites identified in the Land Use Plan. 4 ORONO/LONG LAKE COMMERCIAL AREA. An additional commercial area is designated along Old Highway 12 (Wayzata Boulevard) where the availability of transportation and utilities as well as proximity to similar commercial developments in Orono and Long Lake,make commercial use appropriate. City of Orono Community Management Plan 2008-2030 Page 3B-38 CMP Part 3B. Land Use Plan Orono will coordinate its commercial development planning related to Wayzata Boulevard area with the City of Long Lake to ensure the Long Lake downtown area remains vital and viable,to focus retail development in a compact downtown retail area, and to prevent the extension of retail development west of Willow Drive in Orono. The retail development in the Wayzata Boulevard area will be community or neighborhood scale rather than 'big box' regional scale development. The types of retail uses will be those that focus on providing services to the residents and businesses of Long Lake and Orono, while also drawing from the reduced traffic stream on Wayzata Boulevard resulting from opening of the new Highway 12 corridor. However, the retail development is not to draw substantial traffic from beyond Orono. The development plans for the Highway 12 area will encourage locally-owned and operated businesses that provide services to Orono and Long Lake residents. Additionally, the Highway 12 retail area will be a pedestrian-friendly area. This involves providing trails/sidewalks along the roadways providing access to the retail uses. It also involves providing public amenities that provide a sense of place and provide a gathering place for the public. The commercial areas along Wayzata Boulevard within Orono are identified in Map 3B-7 and include the following: 1. Property abutting the north side of Wayzata Boulevard from Brown Road North to Willow Drive. This area was reviewed as part of Comprehensive Plan Amendment No. 2 in 1989, resulting in a guide plan calling for commercial uses abutting Wayzata Boulevard with primary access to a service road connecting from Brown Road to Willow Drive, and elimination of direct access to Highway 12. The area is currently bounded on the north by existing residential development at densities ranging from 1 unit per 2 acres to 1 unit per 1.3 acres. The western half of this area has since been developed via PUD as a nursery/garden center with included leasable commercial spaces. The east half of this area includes, a 10,000 s.f office building, a strip shopping center, a small quasi-industrial machine shop operation, an office- condominium development, and a 62-unit senior independent living apartment building. The City Council in February 1998 adopted a General Concept Plan for development along Wayzata Boulevard indicating that the Council's vision includes community scale retail development (as opposed to regional or 'big box' scale development) focused in a more compact area in or near downtown Long Lake (closer to Brown Road than to Willow Drive, at least in the short term)for the following reasons: City of Orono Community Management Plan 2008-2030 Page 3B-39 CMP Part 3B. Land Use Plan 1. Focuses on downtown Long Lake remaining a strong retail area, and helps preserve owner-operated small service businesses in Long Lake which are vital to Orono and Long Lake residents. 2. Focuses on maintaining a vital downtown and "sense of place" for both Long Lake and Orono. 3. A compact retail area encourages pedestrian activity. 4. It is easier to plan, coordinate and control the development of a more compact retail area than an extended retail strip. 5. Focusing development toward Brown Road could strengthen the ability to obtain desirable development on the north side of Wayzata Boulevard east of the Otten Brothers Nursery. 6. Enables better control over the amount of retail development that occurs along Wayzata Boulevard. 7. Provides the opportunity to generate stable jobs in office, high tech,medical,etc. 8. A more compact community scale retail area matches the design of new Highway 12 with no interchanges through Long Lake. 9. Limits the impact on north/south roadways (i.e. increased traffic and activity levels) as compared to the more intense "big box" retail uses. 10. Maintains a lower activity level in the area west of Willow Drive. 11. Would create less pressure for providing an access from new Highway 12 to the retail area. Orono's 2000-2020 CMP .oMPthe easterly 4 acres doerthis area to allow for development of senior housing. The remainder of this area should be developed with a mix of commercial uses including retail, service and office components. Access via a service road paralleling Wayzata Boulevard is still desirable rather than direct access to Wayzata Boulevard, since traffic levels are expected to again creep upward, and the long-term need for a service road may again manifest itself. For this reason,it is in the best interests of the City and the business community to preserve at least a partial service road corridor between Brown Road and Willow for future use which will provide all properties with access options other than direct access from Wayzata Boulevard. The City supports the City of Orono Community Management Plan 2008-2030 Page 3B-40 • CMP Part 3B. Land Use Plan development of a "mid-point" connection to Wayzata Boulevard directly across from Brimhall Avenue or Shaughnessy Avenue, such access to be at least a right-in, right-out configuration. Further,if and when the service road is constructed, all other existing accesses directly to Highway 12 should ultimately be removed. 2. Property abutting the north side of Highway 12 from , Blow Drive to Old Crystal Bay Road. As part of the 1989 Co,"prehensive Plan amendment, the City guided the portion of this area ectly adjacent to the north side of Highway 12 for commercial deve .pment. At that time, the City was not clear about the type of co is cial development that should be planned for this area. The 2000-2020 CMP farther refined the intent for this area, establishing that the option is development in this area would be office development. Office develo s ent can provide services for Orono residents, can provide facilities f. businesses owned by Orono residents, and can provide quality • siployment opportunities. The development of this area for office ,se versus retail use enables the Wayzata Boulevard retail area to r sain a more compact pedestrian- friendly retail area versus a no -cohesive extended strip of retail development. The City's intent •. to have a single tier of office uses between Kelley Parkway and ayzata Boulevard, with residential uses north of Kelley Parkway. Parameters for commercial se of this area are as follows: 1. The area affect:• is property lying between Kelley Parkway and Wayzata Boulev: d, west of Willow Drive and east of Old Crystal Bay Road. 2. Allowed •es in this area include professional offices, limited service s, and retail uses accessory to the office use. 3. Acces to all uses will be via Kelley Parkway. Direct access to Wills Drive, if allowed, shall be right-in/right-out only. There sh: be no direct access points onto Wayzata Boulevard. 4. ":ig box"retail uses will not be allowed within this area. LAKESH I ' COMMERCIAL LAND USE Lake ac'ess and lake user service businesses are appropriate for a lakeside comm 'ty and require a lakeshore location. Special performance standards are necessary to assure protection of the lake environment and protection of nei:'boring properties. City of Orono Community Management Plan 2008-2030 Page 3B-41 Orono,MN Code of Ordinances Page 1 of 10 Orono,MN Code of Ordinances Page 2 of 10 DIVISION 17.-B-6 HIGHWAY COMMERCIAL DISTRICTs31 (� + Z.VN Sec.78-795.-Conditional uses. rooawmr pV\ Within any B-6 highway business district,no structure or land shall be used for one of the —n31— &oss,e1Wence-9uslnes is dr 26;iliarn+oy12Corridor Atvdykea s78-1041erseq. following uses without a conditional use permit: Sec.78-791.-Purpose. (1) Restaurants(class I). (2) The following uses when such use includes a drive-through condition: The purpose of the B-6 highway commercial district is to provide a commercial district specifically tailored to accomplish the commercial development objectives of the Highway 12 a. Offices(business and professional). Corridor study section of the comprehensive plan. b. Banks and financial institutions. c. Libraries. (Code 1984,5 10.45(1)) d. Motels and hotels. Sec.78-792.-Site plan review. (Ord.No.152 2nd series,§4,10-28-1996) All site reviews in any 8-6 highway business district shall be reviewed as set forth in article II, Sec.78-796.-Accessory uses. division 4 of this chapter. Within any B-6 highway business district,the only permitted accessory uses and structures (Code 1984,5 10.45(2);Ord.No.68 3rd series,§9,2.8-2010) are the following: Sec.78-793.-Permitted uses. (1) Private garages,off-street parking and loading spaces,as regulated in this chapter. (2) Signs,as regulated in this chapter. 11:10 Within any B-6 highway business district,no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (3) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction. 1 (1) Offices(business and professional). (4) Decorative landscape features. �1 (2) Banks and financial institutions. (5) Fences,as regulated In this chapter. (3) Libraries. (6) Any incidental repair or processing necessary to conduct a permitted principal use, (4) Motels,and hotels. provided that the Incidental use shall not exceed 30 percent of the floor space of the principal building. (Code 1984,§10.45(3);Ord.No.152 2nd series,§3,10-28-1996) (7) Public telephone booths. Sec 78-794.-Relationship with planned unit developments. (8) Communication reception/transmission devices. a. Accessory antennas.Accessory antennas shall be limited to radio and television Other types of commercial uses and mixed use developments may be applied for through the receiving antennas,satellite dishes,TVRO's,and amateur shortwave radio planned unit development process.Applications that Include commercial uses within the Highway transmitting and receiving antennas.Accessory antennas that are accessory to the 12 Corridor shall assume the 8-6 district as the underlying zoning district principal use of the property are permitted accessory uses in all zoning districts, (Code 1984,§10.45(4);Ord.No.152 2nd series,5 4,10-28-1996) provided they meet the following conditions: about:blank 1/242017 about:blank 1242017 Orono,MN Code of Ordinances Page 3 of 10 Orono,MN Code of Ordinances Page 4 of 10 1. Height A ground mounted accessory antenna shall not exceed 20 feet in height Setbacks.Amateur shortwave radio antennas and towers shall not be located from ground level. within any required setback area and shall be located no less than the height of 2. Yards Accessory antennas shall not be located within the required front yard the antenna and tower from the property line. setback,corner side yard setback or side yard setback abutting a street. (9) Other uses that are customarily incidental to,and subordinate to,the allowed permitted 3. Roof's.If vegetation or obstructions interfere with satellite signals at a location in and conditional uses in this district. any allowable placement area,the accessory antenna may be placed on the roof (Code 1984,§§10.40(5),10.45(5);Ord.No.161 2nd series.§8,6-7-1997;Ord.No,183 2nd series,§ of any authorized structure on the premises. 3,2-22-1999;Ord.No.106 3rd series,§18,6-10-2013) 4, Setback.Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set Sec.78-797.-Area,height,lot width,setback requirements and design requirements. back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. The following minimum requirements shall be observed in any B-6 district,subject to additional requirements and exceptions contained In article VII of this chapter: 5. Building permits.A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit.Building permit (1) Lot area,two acres. applications shall be accompanied by a site plan and structural component data (2) Lot width,100 feet. for the accessory antenna,Including details of anchoring.The building official (3) Setback,principal structure: must approve the plans before Installation. a. Front.30(35)feet .* 6. Lighting protection.Each accessory antenna shall be grounded to protect against b. Side interior,10(35)feet. natural lightning strikes in conformance with the National Electrical Code as c. Side street,30(35)feet adopted by the city. d. Rear,30(35)feet. 7. ElectrIcal code.Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as (4) Setback,accessory structure: adopted by the city. a. Front,30(35)feet.* B. Color/content.Accessory antennas shall be of a neutral color and shall not be b. Side interior,10(35)feet. used as signage. c. Side street,30(35)feet b. Amateur shortwave radio antennas and towers.Amateur shortwave radio antennas d. Rear,30(35)feet. and towers which do not meet the conditions for accessory antennas may be allowed (5) Setback,parking with a conditional use permit in all zoning districts provided they meet the following a. Front,15(20)feet. conditions: b. Side interior,5(10)feet 1. Height When an amateur shortwave radio antenna Is mounted on an antenna c. Street side,10(15)feet tower,the total height of the antenna and tower shall not exceed 65 feet. d. Rear,10(10)feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within Setbacks in parentheses apply adjacent to all residential districts. a front,corner side or side yard. 3 * 30(35)feet or 114 times the building height,whichever Is greater,In determining front setbacks for principal and accessory structure only. ahout:blank 1/24/2017 aboutblank 1/24/2017 Orono,MN Code of Ordinances Page 5 of 10 Orono,MN Code of Ordinances Page 6 of 10 (6) No land shall be developed and no use shall be permitted that results In water runoff Minimum landscaping requirements.All open areas of a lot which are not used or causing floods,erosion or deposits on adjacent properties.Site and drainage plans shall improved for required parking areas,drives or storage shall be landscaped with a be submitted by the applicant in such detail as required by the council,and those plans combination of deciduous and coniferous species,including overstory trees, • shall be reviewed by the city engineer before submission to the planning commission and understory trees,shrubs,flowers and ground cover materials.The plan for the council for approval.Such runoff may be required to be properly channeled Into a landscaping shall Include ground cover,bushes,shrubbery,trees,sculpture, natural watercourse,pending area,storm drain or other public facilities.Any change in foundations,decorative walks or other similar site design features or materials In a grade affecting water runoff whether onto adjacent property or otherwise must be in quantity having a minimum value in conformance with the following table: compliance with the surface water management plan and shall be consistent with other Project Value(Including building Minimum Landscape Value applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. construction,site preparation,and site (7) No structure or building shall exceed 30 feet in height except as provided in section 78- improvements) 1366. (8) Landscaping. Below$1,000,000.00 2.0%of project value a. Landscape plan requirements.Landscape plans shall be required for any proposed $1,0D0,000.00—$2,000,000.00 $20,000.00+1%of project value in commercial site and shall be prepared by a landscape architect or other qualified excess of$1,000,000.00 person acceptable to the city,drawn to the scale of not less than one inch equals 50 feet,and shall show the following: $2,000,001.00--53,000,000.00 $30,000.00+0.75%of project value in 1. Boundary lines of the property with accurate dimensions; excess of$2,000,000.00 2. Locations of existing and proposed buildings,parking lots,roads and other Improvements $3,000,001.00—$4,000,000.00 $37,500.00+0.25%of project value in 3. Proposed grading plan with two-foot contour intervals; excess of$3,000,000.00 4. Location,approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities,common and botanical Over$4,000,000.00 1.0%of project value names,size of plant materials,root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features,including berms,fences and planter boxes; In instances where healthy plant materials of acceptable species exist on a site prior 8. Details of restoration of disturbed areas,including areas to be sodded and to its development,the application of the standards in subsection(8)of this section seeded; may be adjusted by the city to allow credit for such material,provided that such 9. Location and details of irrigation systems;and adjustment is consistent with the intent of this division. 10. Details and cross sections of all required screening. 1. A reasonable attempt shall be made to preserve as many existing trees as is b. practicable and to incorporate them into the site plan, 2. about:blank 1/24/2017 about:blank 1/24/2017 Orono,MN Code of Ordinances Page 7 of 10 Orono,MN Code of Ordinances Page 8 of 10 All new overstorytrees shall be balled and buriapped or moved from the Maintenance of landscaping.The owner,tenant and their respective agents shall be growing site by tree spade.Deciduous trees shall have a minimum caliper of 215 jointly and severally responsible for the maintenance of all landscaping in a condition inches.Coniferous trees shall be a minimum of six feet in height.Ornamental presenting a healthy,neat and orderly appearance and free from refuse and debris. trees shall have a minimum caliper of 115 inches. Plants and ground cover which are required by an approved site or landscape plan, 3. All site areas not covered by buildings,sidewalks,parking lots,driveways,patios, and which have died,shall be replaced within three months of notification by the or similar hardcover materials shall be covered with sod or an equivalent ground city.However,the time for compliance may be extended up to nine months by the cover approved by the city.This requirement shall not apply to site areas city in order to allow for seasonal or weather conditions. retained In a natural state. Retaining walls.Retaining walls exceeding four feet in height,and staged walls which 4. In order to provide for adequate maintenance of landscaped areas,an cumulatively exceed 16 feet In height or Involve more than four tiers,must be underground sprinkler system shall be provided as part of each new constructed In accordance with plans prepared by a registered engineer or development except one-and two-family dwellings and additions to existing landscape architect structures which do not at least equal the floor area of the existing structure.A f. Landscaping performance security required.When screening,landscaping or other sprinkler system shall be provided for all landscaped areas except areas to be similar Improvements to property are required by this division,a letter of credit shall preserved In a natural state. be supplied by the owner in an amount equal'to at least 115 times the value of such 5. Not more than 50 percent of the required number of trees shall be composed of screening,landscaping or other improvements.The letter of credit shall be one species.The city shall maintain a list of prohibited species which shall not be conditioned upon reimbursement of all expenses incurred by the city for used for landscaping. engineering,legal,contracting or other fees in connection with making or completing such improvements.The letter of credit shall be provided prior to the Issuance of any c. Interior parking lot landscaping. 1. All parking lots containing over 150 stalls shall be designed to Incorporate building permit and shall be valid for a period of time equal to two full growing unpaved,landscaped islands in number and dimension as required by the city. seasons after the date of installation of the landscaping.The city may accept some All landscape Islands shall contain a minimum of 180 square feet.Islands which other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate.If construction of the are necessary to promote the safe and efficient flow of traffic shall not be project is not completed within the time prescribed by building permits and other subject to the 150-stall standard and shall be required by the city when approvals,the city may,at its option,complete the work required at the expense of warranted. the owner and the surety.The city may allow an extended period of time for 2. Parking lot landscape areas,including landscape islands,shall be reasonably completion of all landscaping if the delay is due to conditions which are reasonably distributed throughout the parking lot area so as to break up expanses of paved beyond the control of the developer.Extensions,which may not exceed nine months, areas.Parking lot landscape areas shall be provided with deciduous shade trees, may be granted due to seasonal or weather conditions.When an extension is ornamental or evergreen trees,plus ground cover,mulch and/or shrubbery as granted,the city shall require such additional security as it deems appropriate. determined appropriate by the planning commission.Parking lot landscape trees F.. Screening and buffering. shall be provided at the rate of one tree for each 15 surface parking spaces provided,or major fraction thereof.Parking lot landscaping shall be contained in 1. The following uses shall be screened or buffered in accordance with the planting beds bordered by a raised concrete curb or equivalent approved by the requirements of this section: planning commission. d. about:blank 1/24/2017 about:blank 1/24/2017 .Orono,MN Code of Ordinances Page 9 of 10 .Orono,MN Code of Ordinances Page 10 of 10 Principal buildings and structures and any building or structure accessory a. it is not the intent of the city to restrict design freedom unduly when reviewing thereto located in the B-6 zone shall be buffered from residential lots project architecture in connection with a site and building plan.However,it is in the located in any R distrIct. best interest of the city to promote high standards of architectural design and Off-street parking facilities containing six or more spaces shall be buffered compatibility with surrounding structures and neighborhoods.Architectural plans from streets located within 50 feet.Parking facilities shall be buffered with shall be prepared by an architect or other qualified persons acceptable to the city landscape zones. and shall show the following for all structures in the B-6 district: External loading and service areas must be completely screened from the 1. Elevations of all sides of the building. ground-level view from contiguous residential or commercial properties and 2. Type and color of exterior building materials. adjacent streets,except at access points. 3. A typkal floor plan. iv. All trash and trash handling equipment shall be stored within the principal 4. Dimensions of all structures. structure,within an attached structure accessible from within the principal 5. The location of trash and recycling containers and of heating,ventilation and air structure,or totally screened from eye-level view from public streets and conditioning equipment. adjacent residential properties. - Unadorned prestressed concrete panels,concrete block and unfinished metal shall v. The ground-level view of all mechanical utilities shall be completely screened not be permitted as exterior materials for principal and accessory buildings.This from contiguous properties and adjacent streets,or designed to be restriction shall apply to all principal structures and to all accessory buildings.The compatible with the architectural treatment of the principal structure. city may,at its discretion,allow architecturally enhanced block or concrete panels. vi. The light from automobile headlights and other sources shall be screened Accessory buildings shall be architecturally compatible with principal structures. whenever it may be directed onto adjacent residential windows. Accessory structures for trash and trash handling equipment shall be constructed of 2. Required screening or buffering maybe achieved with fences,walls,earth the same building material as the principal structure and be readily served through berms,hedges,or other landscape materials.All walls and fences shall be swinging doors. architecturally harmonious with the principal building.Earth berms shall not .+ All rooftop or ground-mounted mechanical equipment and exterior trash and exceed a slope of 3:1.The screen shall be designed to employ materials which recycling storage areas shall be fully enclosed or screened so as to not be visible with provide an effective visual barrier during all seasons, materials compatible with the principal structure. 3. All required screening or buffering shall be located on the lot occupied by the e. Underground utilities shall be provided for all new and substantially renovated use,building,facility or structure to be screened.No screening or buffering shall structures(the term"substantially renovated"shall mean when the renovations be located on any public right-of-way or within eight feet of the traveled portion exceed 30 percent of the prerenovation value of the structure). of any street or highway. 4. Screening or buffering required by subsection(8)of this section shall be of a (Code 1984,5 10.45(6);Ord,No.201 2nd series,5 1,2-12-2001;Ord.No.18 3rd series,5 3,9-27- 2004;Ord.No.94 3rd series,§3,9-24-2012;Ord.No.173 3rd series,§16,5-27-2016) height needed to accomplish the goals of subsection(8)of this section. Screening methods incorporating roofs over storage,trash or mechanical Secs.78-798-78-820.-Reserved. facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection(8)of this section shall be measured at the time of Installation. (9) Architectural standards. about:blank 1/24!2017 about:blank 1/24/2017 -� „,i(eAll AIII lia ii 1111 ' 'lit 111 u ill ♦III A\r lb r 1.•� im.at_411,,., i4 whomi . Lowly iii litwe ,•� f 4, - I , «, .14.'"".. -;�;��` �! 4:4111'.421111111 ,� „Alp 2030-4211110,4.- hand Use Plan - i j ' s/Ir`i�1.�I r-late,�I ;rr 1 4 ..-,-•__ .„...__/Ai • Illkor : :Imo , ►A.� CityofOrono Y. , . "'it/ .. 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MP ,r, ....,,,:74, % ` f 0, 1 ammo M.1 [1—.1 ‘17°416 PC Exhibit G i..•C �� CITY of ORONO t' si + RESOLUTION OF THE CITY COUNCIL NO. � i J A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO.2C FOR AMBER WOODS OFFICE CENTRE LLC AND APPROVING THE FINAL PLAT OF AMBER WOODS OFFICE CENTRE AND VACATING EXISTING DRAINAGE&UTILITY EASEMENTS FILE#07-3250 WHEREAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota;and WHEREAS, the City Council of the City of Orono (hereinafter"City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City,and WHEREAS, the City Council has considered the application by Amber Woods Office Center LLC, a Minnesota corporation, (hereinafter the "Applicant") for subdivision and development by the Planned Unit Development process of property located at 2060 Wayzata Boulevard West and legally described as follows: Lot 1,Block 1,Orono Ambar,Hennepin County,Minnesota (hereinafter the"Property");and WHEREAS, on March 12, 2007 the City Council adopted Resolution No. 5585. granting General Concept Plan Approval for Planned Unit Development No. 2C, and on March. 26, 2007 the City Council adopted Resolution No. 5592 granting Preliminary Plat Approval for the plat of Amber Woods Office Centre,which approvals include the following elements: • 1. Subdivision platting of Lot 1, Block 1, Orono Ambar to create five (5) building lots and one (1) common lot to be known as AMBER WOODS OFFICE CENTRE; 2. Commercial site plan approval and conditions for proposed development of office condominiums; 3. Vacation of existing easements;and _ I 1 A,. 0 CITY of ORONO lk ,� !�{ `x,. 0 RESOLUTION OF THE CITY COUNCIL $40 NO. 5 613 WHEREAS,the Applicant has agreed to execute Planned Unit Development No. 2C Agreement and Development Contract providing for the installation of certain improvements as a condition of site plan approval for the construction of office condominiums on the Property, and which agreement documents the general and detailed conditions for use and development of the Property and replaces previously approved PUD Agreement No 2A;and WHEREAS, the Applicant has agreed to execute cross ingress and egress easements through the Property and through the adjacent Orono Senior Housing property with the City of Orono Housing and Redevelopment Authority, to allow for future vehicular connections at the northwestern corner of the Property for a future frontage road to Oudot A, Sugarwoods,and to the adjacent parcel at 2120 Wayzata Boulevard West; and WHEREAS, the Applicant has completed or has agreed to complete all other requirements of the platting regulations of the City including. 1. Completion of all platting requirements of Concept Plan Approval Resolution No. 5585. 2. Dedication on the plat of a Drainage and Utility Easement over entire Lot 6 (otherwise known as the common lot). 3. Submittal of Minnehaha Creek Watershed District(MCWD)permit approving the grading and stonmvater management facilities plan for development of the Property as proposed per the "Removal Plan", sheet C1-2; the "Grading & Drainage Plan West",sheet C3-1;the"Grading, Drainage&SWPP Plan(East)", sheet C3-2; the Storm Water Pollution Prevention Plan, Sheet C3-3; and the "Utility Plan" sheet 4-1; all subject to review and final approval by the City Engineer. 4. Payment to the City of the Stormwater and Drainage Trunk Fee fir the development of the Property in the amount of S 19,302.84 based on a Trunk Fee of $7,320 per acre and gross acreage of Property at 114,868 s.f. or 2.637 acres including portions subject to trail and sidewalk easements. 5. Payment to the City for the legal review and filing of the plat documents, agreements, easements and covenants in the amount of$280.00 plus incurred review and filing costs. 6. Payment of the final plat review fee in the amount of$250.00 plus incurred legal and engineering charges. 2 f‘rv().4 CITY of ORONO � �{ . RESOLUTION OF E CIT ‹ttlitt, . , `.13.40 G Y COUNCI L iti 0NO. 6 3 7. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. WHEREAS,City staff and consultants have reviewed the plans for this PUD and subdivision application and hereby specify approval of each attached plan and identify them as part of the official record for Planned Unit Development No.2C: A. Final Plat B. Cover sheet C0-1 dated 4-2-07 C. Existing Conditions sheet C1-I dated 4-2-07 D. Removals&Erosion Control Plan sheet Cl-2 dated 4-2-07 E. Site Plan sheet C2-1 dated 4-2-07 F. Grading&Drainage Plan West sheet C3-1 dated 4-2-07 G. Grading/Drainage/SWPPP Plan East(pond revisions)sheet C3-2 dated 4-2-07 H. Stormwater Pollution Prevention Plan SWPPP sheet C3-3 dated 4-2-07 1. Utility Plan sheet 04-1 dated 4.18-07 S. Sanitary Sewer Plan and Profile sheet C4-2 dated 4-13-07 K. Detail Sheet C8-1 dated 4-18-07 L. Landscape Plan sheet L1-1 dated 4.13-07 M. Lighting Plan sheet L2-1 (undated) N. Monument Sign Plan sheet dated 1-15-07 O. Dumpster Enclosure Plan sheet dated 1-12-07 P. Retaining Wall Plan sheets 1 thru 10 by Civil Solutions Group LLC dated 3-30-07 • Q. Building Plans Cover sheet TS-1 R. Lower Walkout Level Floor Plan sheet A-1 S. Main Level Floor Plan sheet A-2 T. Loft Level Plan sheet A-3 U. Front Elevation sheet A-4 V. Walk-Out Elevation sheet A-5 W. Side Elevation sheet A-6 X. Side Elevation sheet A-7 3 t CITY of ORONO RESOLUTION OF THE CITY COUNCIL t_ it NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 5585 and Resolution No. 5592, the City Council of the City of Orono does hereby approve the plat of AMBER WOODS OFFICE CENTRE, Hennepin County,Minnesota and grants General Development Plan Approval for Planned Unit Development No. 2C, subject to the following conditions; 1. General Development Plan Approval and Final Plat approval and Commercial Site Plan approval is granted subject to conditions established within Resolutions No. 5585 and 5592, and subject to the conditions established within the Planned Unit Development No. 2C Agreement and Development Contract and other pertinent documents. 2. Final building design plans for the buildings shall be subject to City Council review and approval prior to issuance of permits for said buildings should the Planning Director find that there are discrepancies between those attached to this Resolution and those submitted for building permit. Building permits and land alteration permits will not be issued any sooner than 24 hours following filing of the plat with Hennepin County, 3. The aforesaid plat shall be filed with the Hennepin County Registrar of Titles Office on or before November 14,2007 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. FURTHER, BE IT RESOLVED that the City Council hereby declares that the easements dedicated over the Property in accordance with development of Lot 2,BIock 1,Orono Ambar, Hennepin County, Minnesota, shall be vacated upon filing of this Resolution and Developer's Agreement No,2C with the Hennepin County Registrar of Titles Office. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. 4 r Lr CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 5 613 Adopted by the City Council of Orono this 14th day of May,2007. ATTEST: y.12->in aAt6 Linda S.Vee,City Clerk 'Jam.- M.White,Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN I The foregoing instrument was acknowledged before me on this t e day of 2007 by James M. White,Mayor of the City of Orono, a Minnesota municipal corporation d said instrument was executed on behalf of the City_ rxac as<.�fi x�r_.-ter.r^<•..ws: :, RACHEL DODGE /n N ''444 NOTARY PUBLIC-MINNESOTA !✓c?C �`• My C�n�sicn E 31.2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN "1'' The foregoing instrument was acknowledged before me on this �day of `nay , 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation find said instrument was executed on behalf of the City. Ait''", RACHEL DODGE :RA ,_ NOTARY PUBLIC-MINNESOTA 1 /L.-102J- my Caauabsbn EViret 1E01,2010 Li G :.��._ - -t MY.•i :%.�'�:"rI_'fiJ iJ. Notary Public 5 - • ATTACHMENT: APPROVED DEVELOPMENT PLANS 1 A. Final Plat B. Cover sheet CO-1 dated 4-2-07 C. Existing Conditions sheet Cl-1 dated 4-2-07 D. Removals&Erosion Control Plan sheet C1-2 dated 4-2-07 E. Site Plan sheet C2-1 dated 4-2-07 F_ Grading&Drainage Plan West sheet C3-1 dated 4-2-07 G. GradingfDrainage/SWPPP Plan East(pond revisions)sheet C3-2 dated 4-2-07 H. Storm Water Pollution Prevention Plan SWPPP sheet C3-3 dated 4-2-07 1. Utility Plan sheet C4-1 dated 4-18-07 J. Sanitary Sewer Plan and Profile sheet C4-2 dated 4-13-07 K. Detail Sheet C8-I dated 4-18-07 L. Landscape Plan shed LI-1 dated 4-13-07 M. Lighting Plan sheet L2-1(undated) N. Monument Sign Plan sheet dated 1-15-07 O. Dempster Enclosure Plan sheet dated 1-12-07 P. Retaining Wall Plan sheets 1 thru 10 by Civil Solutions Group LLC dated 3-30-07 } Q. Building Plans Cover sheet TS-1 R. Lower Walkout Level Floor Plan sheet A-1 S. Main Level Floor Plan sheet A-2 T. Loft Level Plan sheet A-3 U. Front Elevation sheet A-4 V. Walk-Out Elevation sheet A-S W. Side Elevation sheet A-6 X. Side Elevation sheet A-7 i Win ow i ti I .. .'114-:-. cY T 4l 1 S. 4 aI i nrair . a. : stai 0 t I i1 . (n{ L P 7 1 :1 1 ti vt „ 1-, ' t L 1 R d N n +' A 14 5 A Q Li """' t• ...a ° ".' L o T 2 in 1 11 kT g‘ a 33 ,� ; � it rip r';1 il i it oftit il ph ! ( i t ri Mu' I ill ' 11 Ill 0: 0 II • it nifil r ;,I P pi . 1, if 0 if II il i p9. .i., io;iii ! 1,'jill M . b. :Ilii : it it • iiii 111 a IN a Hs I u fil . 11 ft lilt jll ii ; ! X1 (11 III li . ,11111't ill' i �' III _ �, . 1i 0.. 1 ,, I 1 .�. • ilmiliEniumnill Li11111111111111111111131111111111PC Exhibit H Doc No 4396203 08/112007 04:30 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H.Cunniff,Registrar of Titles TranslD 319880 Deputy 25 New cart Cart Fees 1205041 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TBUR $46.00 Total � f CITY OF ORONO nun 5-10-07 HENNEPIN COUNTY,MINNESOTA PLANNED UNIT DEVELOPMENT NO.2C AGREEMENT AND DEVELOPMENT CONTRACT AMBER WOODS OFFICE CENTRE LOTS 1-6,BLOCK 1,AMBER WOODS OFFICE CENTRE DEVELOPER AMBER WOODS OFFICE CENTRE,LLC. OWNER: AMBER WOODS OFFICE CENTRE,LLC. THIS PLANNED UNIT DEVELOPMENT NO. 2C AGREEMENT AND PUD/DEVELOPMENT CONTRACT(collectively the"Agreement") is made and entered into this /S'-day of Miegi , 2007 by and between the CITY OF ORONO, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter the "City") and Amber Woods Office Centre, LLC, a limited liability company (hereinafter the "Developer"and the"Owner"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development (PUD) zoning application including subdivision to create five (5) building lots and one (I)common lot on one block to be known as AMBER WOODS OFFICE CENTRE; commercial site plan review; and easement vacations for the purpose of developing approximately 34,00 3.f.of office condominiums;and WHEREAS, on March 12, 2007 the CityCouncil grantedCon Concept Plan approval for development of the proposed office condominiums per Resolution No. 5585, on the conditions that the Developer fulfill the obligations of the approved Concept Plan Resolution and enter into this Agreement to provide for conformance with the City's Planned Unit Development (PUD) ordinances and to provide for the installation and maintenance of site improvements;and on May 14, 2007 the City Council granted General Development Plan Approval per the findings and conditions of Resolution No. 54'13. NOW, THEREFORE,in consideration of the premises,and of the actual promises and conditions hereinafter contained,it is hereby agreed as follows: 1. Property Description. This Agreement shall apply only to the following described property located in Hennepin County,Minnesota: Lots 1.6,Block 1,AMBER WOODS OFFICE CENTRE (hereinafter the"Property") 2. Zoning.The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. Developer Initial City Clerk Initial ' Pager 019 3. Permitted Uses. Within Lots 1-S approximately 34,000 s.f. of office condominiums consisting of 5 duplex style walk-out buildings are permitted with surface parking at the main level within Lot 6 as depicted in the site plan and preliminary building plans and elevations. The permitted use of the office condominium buildings is general office uses which may include business and professional offices of a general nature,and may include a clinic for human care on an outpatient basis only. Retail uses accessory to the office use may be allowed with the limitation that within any building, retail uses shall not exceed 5%of the gross floor area of that building. Other uses shall not be allowed except by amendment of this PUD Agreement. No accessory structures are permitted within Lots 1 --5. Within Lot 6 the only accessory structures allowed shall include:a)Trash enclosures,constructed of materials comparable to and compatible with those of the building to be constructed within Lots 1-5; and b) Monument identification signs per the approved plans. No other accessory structures are permitted except by amendment of this Agreement. 4. Site Access. Primary access for internal circulation for the Property from Highway 12 shall be via a right-in/right-out driveway access directly to Highway 12 shared with the Orono Senior Housing development, Planned Unit Development No. 2(PUD No. 2),to the direct east Surface parking and drive aisles will be provided along the southern and western ends of the Property at the main floor level of the buildings. A secondary access to Highway 12 is provided via access agreements to be granted through the surface parking lot within the Orono Senior Housing site to the east(Lot 2, Block 1,mono Amber),which were required with approval of PUD No.2,allowing for a connection to Brown Road South and ultimately a future stoplight at Brown Road South and existing Highway 12. Such agreements will be granted by the City of Orono Housing&Redevelopment Authority,which owns said Lot 2,Orono Amber. The parking lot and driving lanes within the Property are additionally designed to allow for future vehicular connections 1)at the northwestern corner of the Property for a future frontage road to Oudot D, Sugarwoods; and 2) to the adjacent parcel at 2120 West Wayzata Boulevard(PINS No.34-118-23 24 0001). The Developer shall enter into cross ingress and egress agreements with the City,the Orono Senior Housing development and the City of Orono Housing and Redevelopment Authority. The easement agreements will be required as part of the final plat to allow for public vehicular use of new and existing parking lot connections between the properties and to provide far new connections should } they be developed at some future date. S. Development Plans. The Property shall be developed in accordance with final plans(the "Plans") which shall first be certified by the City Planning Director as being in conformity with the approved plans described below and with the provisions of this Agreement. The Plans shall not be attached to this Agreement. The Plans are: Developer Initial3b City Clerk Initial Par 2of9 • A. Final Plat B. Cover sheet CO-1 dated 4-2-07 C. Existing Conditions sheet Cl-1 dated 4-2-07 D. Removals&Erosion Control Plan sheet C1-2 dated 4-2-07 E. Site Plan sheet C2-1 dated 4-2-07 F. Grading&Drainage Plan West sheet C3-1 dated 4-2-07 G. Grading/Drainage/SWPFP Plan East(pond revisions)sheet C3-2 dated 4-2-07 H. Storrnwater Pollution Prevention Plan SWPPP sheet C3-3 dated 4-2-07 I, Utility Plan sheet C4-1 dated 4-18-07 J. Sanitary Sewer Plan and Profile sheet C4-2 dated 4-13-07 K. Detail Sheet C8-1 dated 4-18-07 L. Landscape Plan sheet Ll-1 dated 4.13-07 M. Lighting Plan sheet L2-1 (undated) N. Monument Sign Plan sheet dated 1-15-07 0. Dumpster Enclosure Plan sheet dated 1-12-07 P. Retaining Wall Plan sheets 1 thru 10 by Civil Solutions Group LLC dated 3-30-07 Q. Building Plans Cover sheet TS-1 IL Lower Walkout Level Floor Plan sheet A-1 S. Main Level Floor Plan sheet A-2 T. Loft Level Plan sheet A-3 U. Front Elevation sheet A-4 V. Walk-Out Elevation sheet A-5 W. Side Elevation sheet A-6 X. Side Elevation sheet A-7 The Plans are subject to any additional requirements of the Minnehaha Creek Watershed District(MCWD);the Minnesota Department of Transportation(MnDOT)and subject to any additional requirements and conditions specified by the City Engineer upon review of the Plans. Construction of the buildings shall be in conformance with the building codes and regulations adopted by the City. Any substantial changes to the gross square footage, footprint/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. Developer Initial CIty Clerk Initial s.�J Page 3 of 9 6. Improvements: in accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this Agreement: A. Site grading, roadways and driveways, curb and gutter, parking lots, sidewalks, retaining walls and all necessary erosion control measures per the approved Grading and Drainage Plans(hereinafter called"site grading improvements"); B. Construction of sanitary sewer and water connections, and construction of storm sewer lines and facilities as required (hereinafter called "stormwater improvements") per the Utility Plan referenced herein. A drainage and utility easement shall be dedicated over entire Lot 6 as part of the final plat C. Underground natural gas, electric, cable and telephone service to be arranged by the Developer with the utility companies involved (hereinafter called the "other utility improvements"); D. Landscaping and site revegetation improvements per the approved Landscape Plan referenced herein(hereinafter called"landscaping improvements"). E. Traffic control signage subject to approval by the City Engineer and Public Services Director. F. Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit A(the"Estimate"). 7. Construction of Improvements A. c.orrmencement Date — Construction of Improvements shall begin no later than H. Completion 3D1 7-001 (2Improvements years after start datte). The no later than a`�� Developer may, J however,request an extension of time from the City. If an extension is granted,it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. C. Contractors — The Developer shall select, retain and supervise the contractor(s) responsible for construction of the Improvements. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of each such contractor. Where required by City ordinance,the contractor shall first obtain a license from the City. D. Pre-construction Conference — Prior to the start of any construction, the Developer and the developer's contractor shall meet with the responsible City officials to review construction plans and schedules. Developer Initial3/4:4 City Clerk Initial Page 4 of 9 • r Ir. Permits— Prior to the start of any construction, the developer's contractor shall apply for and receive all necessary permits for the Improvements from the City and/or government agencies having jurisdiction. Site grading shall not commence until a land alteration permit has been issued. Developer is advised that an erosion control permit must be obtained from the Minnehaha Creek Watershed District as well as the required NPDES construction site permit, before commencing any grading activity on the site. hI F. ConstructiQn—The construction,installation and materials shall be in accordance with the Plans approved bythe City. G. jig — The City, through its staff and/or consultants, shall inspect the installation of the Improvements to ensure compliance with the Plans. The cost of such inspections will be paid by the Developer and are anticipated to be approximately$5,000.00 to $10,000.00 but could exceed these amounts if major problems arise. An escrow account in the amount of$15,000 to cover the costs of inspection shall be established with•.the City by the Developer. H. Insurance—The Developer will cause each person who constructs and installs any portion of the Improvements to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage (with coverages consistent with industry standards). 8. Performance Security. For the purposes of assuring to the City that the Improvements will be completed according to the terms of this Agreement,and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or its general contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit(LOC)from a local(Twin Cities area)financial institution in a form satisfactory to the City,providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section seven (7) above. Further, if the requited improvements are not completed at least thirty (30) days prior to the expiration of the LOC, the City may also draw on the LOC. If the security is drawn down, the draw shall be used to cure the default. The amount of the LOC shall be 150% of the estimated improvement costs. The estimated improvement cost is $713,723.75; therefore, the LOC amount shall be $1,070,585.63. As substantial elements of the Improvements are completed and approved by the City Engineer, the City will authorize reduction of the LOC in an amount equal to 150%of the cost estimate for that phase of the improvements deemed complete,but in no case shall the LOC be reduced to a point less than 10%of the original amount until all Improvements are complete and accepted by the City. The LOC shall expire no sooner than one year after the completion date specified in Section 7 above, to allow for at least one freeze thaw cycle for parking lot settlement Security to ensure survival of landscaping vegetation shall be retained for eighteen (I8) months after planting. Developer Initial City Clerk Initial Page 5 of 9 9. Fees and Expenses. The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals,which are not covered by City application fees. 10. Notice. Required notices to the Developer and the Owner shall be in writing, and shall be either hand delivered to the Developer, the Owner, their employees or agents, or mailed to the Developer and the Owner by registered mail at the following addresses: Notice to Developer Notice to Owner Amber Woods Office Centre, LLC Amber Woods Office Centre,LLC Philip Carlson Philip Carlson P.O.Box 184 P.O. Box 184 Wayzata,MN 55391 Wayzata,MN 55391 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Orono City Offices, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay,Minnesota 55323,Telephone 952-249-4600. 11. Additional Conditions A. Turning radiuses of fire apparatus access roads on the Property shall be designed subject to approval of the City Engineer and Orono Fire Marshal. B. Fire lanes will be marked with the appropriate street signage and yellow curbing. Orono Fire Marshal will determine fire lanes upon review of the Plans and final access routes and at that point determine exact placement of signs and yellow +. curbing. C. The walk-out elevations of the buildings shall be as set out in Document C3-I of the construction documents dated March 20, 2007 unless modified with the approval of the City Engineer. D. Storm sewer facilities which lie outside of public right-of-way shall be privately owned and maintained by the Developer until the end of the period of Developer control of the association at which time they will be maintained by the Amber Woods Office Center Association. E. All sanitary sewer and water connection lines within the Property shall be owned and maintained by the Developer until the end of the period of Developer control of the association at which time they will be maintained by the Amber Woods Office Center Association. Developer Initial– -/— City Clerk Initial 1v Page 6 of 9 F. No site work or construction shall commence until the Developer has paid the Storm Water and Drainage Trunk Fee as established in Concept Plan Resolution 5585. The MCES Sewer Availability Charges(SAC)are the responsibility of the Developer and shall be paid to the City at the time of building permit issuance for pass-through to MCES. G. The Developer shall be responsible far obtaining the necessary permits from the regulatory agencies such as the Minnesota Department of Health,MCES,Minnehaha Creek Watershed District,Minnesota DNR,MPCA,and MnDOT. H. The Developer shall report to the City Engineer the location of any drain tiles found during construction. The Developer will comply with the City Engineer's direction as far as abandonment or relocation of the drain tile. I. The Developer shall provide the City with a detailed haul route for review and approval for all material imported or exported from the Property. If the material is to be imported or exported to/from another site in Orono, it should be noted that those other parcels will be required to obtain a land alteration permit, and potentially a conditional use permit from the City. J. The Developer shall obtain a temporary construction easement from and establish permanent maintenance agreements with the owner of the property directly west at 2120 Wayzata Boulevard for construction and maintenance of the necessary retaining walls. 12. General Conditions. The general conditions of this Agreement are documented in City Council Resolution No.;S613 adopted by the City Council on May 14,2007,which is incorporated herein by reference. Additional conditions of approval are attached hereto as Exhibit B. Developer Initial City Clerk Initial. Page 7 of 9 4 � IN WITNESS WHEREOF,the City,the Developer,and the Owner have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO By: By: (4t1-4-/ I'"e/ (City Clerk) DEVELOPER—Amber Woods ce Centre,LLC By: _ Jam" r 1 Its: e l grief Manager OWNER— • her/ oods O�� ntee,LLC / t its: �K thief Manager Reviewed for Administration: 047/9' Date: .�/-!77 By: I�i1 j�By: � (City Adm.-. •trator This lastrameat was drafted by: City of Orono 2750 Kelley Parkway P.O.Box 66 Crystal Bay,MN 55356 STATE OF MINNESOTA Developer Initial City Clerk Initial Paget;of 9 • COUNTY OF HENNEPIN th The foregoing instrument was acionovrledged before me on this i7 day of , 2007 by James M.White,Mayor of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. '�► -.ale MINNESOTA �..c��.-.pie axle_ .,"w,.w� Nom raVAS An 31.few !t Notary Pub is STATE OF MINNESOTA �' COUNTY OF HENNEPIN 1 / h The foregoing instrument was acknowledged before me on this—day of /a , 2007 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC-11PINESOIA MM Combas&phi1 XMO Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this etc "day of fr.i y ,2007,by Philip Carlson,Chief Manager,Amber Woods Office Centre,LLC, a Limited Liability Corporation,on behalf of Amber Woods Office Center,LLC. ;F: LINDA S.VEE - NOTARY PUBUC.MINNESOTA SN Public ' n ExpbssJr.31,2010 off' STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this/ day of2007,by Philip Carlson,Chief Manager,Amber Woods Office Cesare,LLC,a Limited Li ility Corporation,on behalf of Amber Woods Office Centre,LLC. UNDA S.VEE 44:4‘, n '''y;? ;• NOTARYNett-0IS 8QTA Notary Public ;� - • 3)10 Developer Initial City Clerk Initial .�d Page 9 af 9 MORTGAGE HOLDER CONSENT TO PLANNED UNIT DEVELOPMENT NO. 2C AGREEMENT AND DEVELOPMENT CONTRACT FIRST COMMERCIAL BANK,a_ Putint DA, C � , ,which holds a mortgage on the subject property, the development of which is governed by the foregoing Planned Uta Development Agreement and Development Contract, agrees that the Planned Unit Development Agreement and Development Contract shaft remain in full force and effect even if it forecloses on its mortgage. Dated:_ May -1 ,2007. FIRST COMMERCIAL BANK BY: &L./L. , ' Cele Its / ys AND Its VA`r Cvsde STATE OF MINNESOTA } JoRDwrr<COMM COUNTY OF raawv%4$rt WOOMISIMMUIPPOORIPANI The foregoing instrument was acknowledged before me this 216" day of Nab 2007, by &ta ttle/ k . Mai'C taxi Brick.1 Welvse.rC' the 4 id.Kr�f CE and Vi & Prai fotam of FIRST COMMERCIAL BANK,a t"1R;w*s{^}a 4(Qncakinrt ,on its behalf. NOTA.R P LIC DRAFTED BY: CMitt,14a riCel PrciessioadAitashiforr 317 Supedek Oma Cotter 1380 Cecpoiate Canter Carve Pesti,Mole 53121 Tdepteec(651)4524000 SRN � I { 131826vO1 QRONOlAmber Woods Oftta Centre SRMOS/21r2007 PUD NO.2C AGREEMENT AND DEVELOPMENT CONTRACT { EXSIBIT A-SITE I PROVEMENTS COST ESTIMATE r ' 7 Amber Woods Office Center Plat 074250 Cost Estimate for Financial Guarantee(150%) !Wavy Sewer Improvements Unite Qty VUnit Total Moon LS 1 3 5,000.00 $5,000.00 Traffic Control LS 1 5 1,000.00 11,000.00 Conned to ExW ing 8"Sanitary Sewer EA 1 $ 2,500.00 $2,500.00 8"PVC Sanitary Sewer LF 380 $ 30.00 $10,800.00 8"X8"Wye EA 5 $ 100.00 $600.00 4'Diameter Sanitary Sewer Manhole EA 4 1 2,000.00 $8,000.00 4'Diameter Santry Sewer Manhole Overdepth LF 22 $ 100.00 52,200.00 improved Pipe Foundation LF 400 $ 1.00 1400.00 Estimated-Construction Cost $30,400.00 Water Main Im•rovements Units Qty $IUnit Total Remove Existing Watermalrl Pipe LF ' 200 3 6.00 ,$1,200.00 'Remove Hydrant EA 2 $ 500.00 $1,200.00. Corned to Existing Wader MaWn EA 2 $ 2,500,00 $5,000.00 8`DIP Water Main LF 780 $ 40.00 $30,400.00 8•DEP Water Main LF 95 $ 30.00 $2,550.00 8"Fittings EA 15 $ 250.00 53,75040 insulation SY 10 $ 10.00 1100.00 Hyp EA 3 $ 2,600,00 $7,300.00 8"Gv and Box EA 2 $ 1,300.00 $2,800.00 8"Gv and Box • EA 3 $ 1,200.00 13,900.00 Estimated Construction Cast $57,900.00 Services Improvements Unite Qty $lUnit Total 8"PVC,Service Pipe LF 355 $ 22.00 $7,810.00 1.5 inch capper sends LF 305 $ 18.00 54,880.00 1.6 inch oorp WA 5 $ 200.00 51,000.00 1.5 Inch curb stop EA 5 $ 250.00 51,250.00 Estimated Construction Cost $14,940.00 I— f i Sterns Sewer Units ►. $/Unit Total Remove Exsting Storm Sewer Pipe LF 15 $ 7.00 ;105.00 Concent to Existing Stnuctvre EA 1 $ 1,600.00 $1,600.00 15"Storm Sewer LF , 1,183 $ 30.00 $35,490,00 2'x a'Catch Basin EA 2 5 1,500.00 • $3,000.00 46'Catch Basin/ enhob EA 15 $ 2,000.00 830,000.00 Estimated Construction Cost $70,095.00 ParidngLot t Grading 1 Landscepinp Units Qty /Unit Total Remove Retaining Wails LF 635 $ 7.00 53,745.00 Remove Curb and Gutter LF 30 $ 5.00 $150.00 Gradtng LS 1 $175,000.00 $175,000.00 Retaining Wet SF 6,000 s 25.00 $150,000.0 Fence LF 810 $ 20.00 516,200.00 1 Subgrade Preparation SY 4,135 $ 1.75 $7,233.25 Aggregate Base,Class 510096 Crushed-8`(CV) TN 2.100 $ 14.00 $29,400.04 Concrete Curb and Gutter 8818 IF 1,640 $ 11.00 818,040.00 Surmountabre Curb end Gutter if 44 $ 10.00 $440.0 Bituminous Seas Course-2" TN 505 $ 50.00 $25,250.00 Bituminous Weer Course,-1 12" TN 378 $ 55.00 $20,780.00 Bituminous Materiel For Tack Coat GAL 210 $ 2.00 $420.00 Concrete Sidewalk SF 7,715 5 4.60 $34,717.50 Striping L.8 1 $ 3,500.00 $3,50.0 singege ' LS 1 $ 500.00 ;500.00 Landscaping L.5 1 : 45,000.00 346,000.00 _Temp Erosiat canoe L.5 1 $ 10.000.00 $10,000.00 Estimated Construction Cost $540,388.75 .Sum Of im•revetments Saritary Sewer •,4•'•.I 0 Water AAeln $57,900.0 Services $14,940.00 Storm Sewer $70,095.0 Parking Lot/Grading I L endscaphg ;540,388.75 Total Estimate Construction Cost 8113,723.78 50% x,891.88 Total for Financial Guarantee • $1,070,555.53 L • • PUD NO.2C AGREEMENT AND DEVELOPMENT CONTRACT EXHIBIT B Additional Terms and Conditions I. The Improvements include the items listed within PUD NO. 2C AGREEMENT AND DEVELOPMENT CONTRACT and as enumerated in Exhibit A of said CONTRACT. 2. The Improvements shall be constructed in accordance with the approved construction plans as stated in the CONTRACT,and with the pertinent conditions of approval within the General Development Plan and Final Plat Approval Resolution (Resolution No. 51.11) adopted by the City Council on Atte/ /1/ ,2007. 3. All construction traffic relatedto development of the Amber Woods Office Centre shall be routed directly to Highway 12 through the approved direct access location at the southwest corner of the Senior Housing site, or through the adjacent commercial site to the west if allowed by that owner. Use of the Senior Housing access to Brown Road shall be avoided for all construction traffic. 4. Constriction and contractor parking,materials storage,etc. shall not occur on the Senior Housing site. 5. Developer shall take all due precaution to avoid construction activity encroaching into the adjoining residential property abutting the north boundary of the site. 6. No land alterations shall take place until erosion control is established and the City Engineer has approved all final improvement plans. No building permits shall be issued until all drainage facilities and improvements have been installed and satisfactory parking lot & driveway base (including base and initial lift of bituminous)has been installed,and approved by the City. 7. All buildings on the Property shall be constructed according to final plans which shall first be certified by the Planning Director as being in conformity with the approved plans. 8. Developer shall provide the City Engineer with two (2) 1141-size sets, and shall provide the City with 2 full-size sets and one set reduced to 11"x l7",of final site improvement plans,two weeks prior to commencement of land alteration activity. 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Staff Recommendation: Planning Department Staff recommends approval subject to a number of conditions. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Proposed Use Overview Exhibit C. Survey/Site Plan Exhibit D. Building Interior Plans Exhibit E. Building Code Review for Daycare Use Exhibit F. Minnesota Daycare Licensing Requirements Overview Exhibit G. Comp Plan Excerpts Exhibit H. Zoning Code Excerpts Exhibit I. PUD No. 2C Agreement& Development Contract Excerpts Exhibit J. Wayzata Blvd Improvement Plans Excerpt Exhibit K. Original Approved Dumpster Enclosure Plan Exhibit L. Original Approved Landscaping Plan Exhibit M. Aerial Photos of Site Exhibit N. Property Owners List Exhibit O. Plat Map Background Assumptions.This Conditional Use Permit application review is conducted under the assumption that 'daycare use'will ultimately be determined to be an acceptable use for this site specifically, or generally for properties within the B-6 Highway Commercial District. Further it is assumed that the existing provisions applicable for daycare use as a conditional use within the B-1 and B-3 business districts will apply. Those provisions are minimal, and read as follows: "Within the (B-1, B-3) business district, no structure or land shall be used for one of the following uses without a conditional use permit: "Day nurseries, provided not less than 50 square feet of outside play area per pupil is available and fenced." 4 17-3899 2060 Wayzata Blvd. February 21,2017 Page 2 The applicants propose using the existing 7350 s.f.vacant building at 2060 Wayzata Boulevard by functionally converting it from a shell to a daycare facility. Please review the attached application narrative and proposed use overview provided by the applicants and the property owner. Employing a staff of up to 20, Little Acorns provides daytime child care for up to 95 children of which 45 are infants. The narrative indicates up to 75 families will be served,with staggered drop-offs/pick-ups throughout the day,typically up to 4 drop-offs at a time. The applicants propose to provide outside play space by fencing off a portion of the northerly parking lot as well as an area of currently open space near the NE corner of the site. The applicants should describe the business to the satisfaction of the Planning Commission. A building code review by Mohagen Hansen Architects was provided by the applicants in Exhibit E,and links to State of Minnesota daycare licensing standards are included in Exhibit F. The City does not have direct involvement in the licensing of daycare facilities, as this is the purview of the State. Note that this review of a CUP for daycare use at just one of the 5 potential building pads must necessarily take into account the needs of future anticipated or potential uses for the remainder of the site. City Standards for Daycare CUP Required Outdoor Play Area. The "daycare" conditional use standards within the Orono Zoning Code are very minimal.As noted above,the only CUP requirement is that 50 square feet of outdoor play area per pupil must be available. For a 95-child use,our code would require a 4750 s.f. play area (approximately 60'x 80').This requirement does not mesh directly with current State licensing standards,which require a minimum 1500 s.f. outdoor activity area and there must be "at least 75 s.f. of space per child within the area at any given time during use" [MN Rules 9503.0155 Subp. 7(A)]. Applicants are proposing two 1500+s.f. outdoor play areas which would each allow 20 students playing at a time. Staff questions whether there is a need to enforce the City requirement as long as the State requirements are satisfied. General CUP&Zoning Conditions Relative to This Location If the Planning Commission determines that the proposed use is appropriate for the B-6 District generally or for this specific site, additional general zoning conditions apply. Applicable City requirements established in code include the standard CUP findings,the standards for the applicable zoning district,and parking requirements. Certain conditions relative to the original development of the property have yet to be satisfied, and these need to be addressed prior to issuance of occupancy for the first and future buildings. These are discussed here relative to the applicants' proposal for this site: Parking.The PUD No. 2C Agreement which governs this site anticipates 5 office building pads with a commons parking and open space. Parking needs for office use were originally established at 20 stalls per building based on the net usable area within each identical building. A total of 102 stalls (97 standard plus 5 handicap)were approved with the original site plan.The proposed daycare or "day nursery" use would under Zoning Code Section 78-1516 require four stalls plus one for each 500 square feet in excess of 1,000 square feet of floor space in the principal structure. Based on the 85% net floor area rule and a 7350 s.f. building,the parking requirement for this use would be: Basic requirement 4 stalls Net Floor Area =0.85 x 7350=6248 s.f. (6248—1000)-500= 10.5 11 stalls Total required parking15 stalls r � 17-3899 2060 Wayzata Blvd. February 21,2017 Page 3 Taking into account that one of the two play areas encumbers a total of 6 stalls as depicted;a total employee count of 20 per the submitted materials; plus 4 stalls at one time used for drop-offs;the proposed use would appear to need approximately 30 stalls, leaving 72 stalls available for other future uses of the site. If the other four buildings were constructed and used for office as originally anticipated,the proposed daycare use would potentially reduce the parking availability below the established minimum requirements. Note that it appears the wear course of bituminous has not been installed on the parking lot. Site Vehicle Circulation. Use of the northerly portion of the parking lot for a play area eliminates 6 parking stalls and the"back-up" apron that was required in the original parking lot approvals. This makes the remaining stalls abutting the play area less functional. It would be important that a detailed site plan be submitted for the play area,showing how it will be fenced off, how it will be accessed, and its relationship to the adjacent parking area. The site currently does not have the capacity for a loop or drop-off lane, and all vehicles dropping of or picking up children would have to park in a defined stall. Vehicular Access to Wayzata Boulevard. The property currently has only right in—right out direct access to Wayzata Boulevard, but does benefit by existing easements through the adjacent Orono Woods Senior Housing parking lots to access Brown Road and the signalized intersection at Brown & Wayzata Boulevard. Planned removal by Hennepin County of the median in Wayzata Boulevard and creation of an opposing center left turn lane will result in full access directly to Wayzata Boulevard for this property.That access change is anticipated to occur within the next two years. Future Access Connections to Adjacent Properties.This site was originally approved to include the potential for future access to properties to the west,for two possibilities: 1)to provide for a segment of a planned 'backage' road between Brown Road and Willow Drive;and 2)to provide access to full-turning-movement intersections along Wayzata Boulevard. Near the south end of the site,the parking lot was provided with an apron extended to the adjacent property at 2120 Wayzata Boulevard, in anticipation of a shared access to Wayzata Boulevard directly across from Shaughnessy Avenue.This access is currently open;whether easements have been granted to cross the 2120 property is unknown. At the north end of the site,access to a potential backage road consisting of connected segments of Sugar Woods Outlot D and East Willow Woods Outlot C was established via the parking lot design. Easements through 2060 Wayzata Boulevard were required but never created. With the turnback of Wayzata Boulevard from MnDOT to Hennepin County,the original intent to limit individual driveway access to Wayzata Boulevard has been replaced with a philosophy of creating a business-friendly traffic movement environment in the Long Lake business district, hence the backage road appears to be no longer necessary. While fencing off the northwesterly portion of the parking lot would further act as a barrier to future backage road connections, it appears that such a connection is not likely to ever be required. In the event that the backage road is improved, it would be to the property owners' benefit to connect, providing their customers with additional access options. A minor modification to the parking lot and play area could be considered at that time. Building improvements. The interior improvements and layout of the building are depicted in the drawings provided, and a building code review has been provided by the applicants. Lighting. The applicants' submitted building layout plans do not propose additional lighting. Parking lot lighting was completed by the original developer.Applicants have not indicated the need for any additional exterior lighting. If any new exterior lighting is proposed, photometric plans should be provided to ensure glare does not impact the adjacent residential properties. 17-3899 2060 Wayzata Blvd. February 21,2017 Page 4 Screening. A dumpster location was provided in the original parking lot layout southwest of the existing building(see Exhibit K). The dumpster area was to be enclosed, but an enclosure was never constructed. Any CUP approvals, and any occupancy permits issued for this or future buildings, should be issued only upon completion of a suitable dumpster enclosure. Landscaping.The original landscaping plans approved for this site (see Exhibit L) have been only partially completed or are in need of maintenance. While certain items cannot reasonably completed until buildings are constructed,other incomplete elements of the plan need to be implemented in a timely manner. Signage. The entire PUD development site is allowed 190 s.f.of signage,which includes the existing partially-built monument sign (currently with no message) and individual exterior wall mounted signs for each unit. Applicants should be asked to show the size and location of signage proposed for their use. LOT ANALYSIS WORKSHEET(NA) Note that development of this site is governed by the PUD No. 2C Agreement.The property has been platted incorporating individual building pads which meet all setback, hardcover,and structural coverage requirements established within the Agreement. The proposed daycare use contemplates the use of an existing building appropriately located within the western-most platted building pad. Rather than a standard Lot Analysis worksheet, below is data regarding this existing PUD site: Total Lot Area: 2.6 acres Individual Pads: 0.14 acre+ (Avg. approx.. 6300 s.f. each) Site Hardcover at Full Development: Approximately 55% (Hardcover Tier: Exempt) Parking Stalls Provided: 5 Handicap+97 Standard= 102 Total Lot Coverage by Structures: Not Applicable (>2.0 acres) Applicable Regulation: Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit(CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The Community Management plan maps the site for office use but in the text suggests appropriate uses for the site include service uses,which supports the proposed daycare use. (The Planning Commission should discuss whether the proposed use meets the intent for a service use) 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed amendment of the PUD No. 2C Agreement would allow for consistency with use regulations. 3) Adequately served by police,fire, roads, and stormwater management;The use of an existing commercial building for daycare use should not increase demand on public safety, transportation,or stormwater facilities. Pending improvements to the configuration of Wayzata Boulevard by Hennepin County will establish a direct full turning movement access to the site from Wayzata Boulevard which does not exist currently. 4) Provided with an adequate water supply and sewage disposal system;The property is served by municipal water and sanitary sewer. No local sewer and water connection charges are due. 5) Not expected to generate excessive demand for public services at public cost; No additional public service costs associated with the proposed use are anticipated. 17-3899 2060 Wayzata Blvd. February 21,2017 Page 5 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future;The adjoining properties to the north and east are residential;to the south and west are commercial.The proposed daycare use appears to be consistent with the Comprehensive Plan text that suggests service uses are appropriate for this site. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan;The Community Management Plan suggests that this property and those to its immediate west "should be developed with a mix of commercial uses including retail,service and office components". Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The existing building has both commercial and residential characteristics and its location and design make it relatively compatible with the surrounding residential and commercial uses. 8) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; No evidence has been presented to suggest otherwise. 9) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; Landscaping should be inspected to ensure that adequate screening is retained between the existing building and the adjacent residential neighborhood. It appears that not all landscaping required with the original PUD site approvals is in place. This includes vegetative screening throughout the site as well as structural screening of the dumpster area. 10) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference,general unsightliness, or other means; No evidence has been presented to suggest otherwise. 11) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; No evidence has been presented to suggest otherwise. Access easement through the Senior Housing site are in place to allow access to brown Road in the interim before Wayzata Boulevard improvements are completed by Hennepin County. 12) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The proposed daycare use of an existing build is not expected to have any negative effects on the environment nor the natural,scenic and historic features of the area. 13) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right- of-way or neighboring residential uses or districts;The site currently contains appropriately shielded parking lot lighting. Any changes to the exterior lighting will need to be reviewed to ensure conformance with the glare standards; and 14) Not detrimental to the public health, public safety, or general welfare.There is no evidence that the proposed use will have detrimental effects. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments No comments for or against the proposal have been received as of this writing.. i 17-3899 2060 Wayzata Blvd. February 21,2017 Page 6 Issues for Consideration 1. Is the proposed use appropriate given the location and surrounding uses? 2. Have the applicants described the business and how it will operate at this site to the satisfaction of the Planning Commission? 3. The applicants should address the apparent need for as many as 30 parking stalls—is this accurate, or are there other factors that reduce this number? 4. How will this use affect future development of the remainder of the site? 5. Are the proposed outdoor play areas appropriately located? Should the City require as a condition that the 50 s.f. per pupil City standard be enforced, or should the City defer to the state license standard? How critical to future development of the site are the parking stalls being converted to play area? A detailed diagram of how the play areas will be demarcated should be required. 6. Does the use require signage other than use of a portion of the monument sign and a small identification sign at the entry door? 7. Is the applicant comfortable with the existing Wayzata Boulevard access situation on a temporary basis? 8. Is the property owner intending to complete required overall site improvements, and on what timeframe? 9. What additional amenities or improvements are associated with this use that have not been discussed? 10. Does the property owner know whether easements exist for access across the adjoining property at 2120 Wayzata Boulevard? 11. Does the Commission find it necessary to impose additional conditions in order to mitigate the impacts of the use? 12. Are there any other issues or concerns with this application? Staff Recommendation If the Planning Commission concludes that this site is appropriate for the proposed daycare use, staff would recommend as a minimum the following conditions: a. Applicants to provide detailed plans with regard to the outdoor play areas, which should be designed to meet State of Minnesota licensing standards. b. Prior to occupancy, the final lift of bituminous to be installed and the parking lot striped per the approved site plans, and dumpster screening be constructed. c. A signage plan meeting City requirements to be submitted. d. Property owner to provide a detailed schedule for completion of required site improvements. , City of Orono PC Exhibit A Conditional Use Permit Application Street Address: Application# 0A, 2750 Kelley Parkway 1 -�j g ( 1 Orono,MN 55356 Date Received: 1-17_ j 7 r V Min: 952-249x4600 Staff: fax: 952-249-4816 F@@: c _____3_42.___ ..jMallJngAddress: Escrow: $700 / NA\ 1... P.O.Box 66 11E' Crystal Bay,MN 55323-0066 Notes: j�KESHO�� Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION:2060 W.Wayzata Blvd,Orono,MN 55356 DESCRIPTION OF REQUEST:Conditional Use Permit I DAYCARE (attached additional sheets at necessary) APPLICANT INFORMATION: ❑ check here if Applicant address should be used for billing Applicant: Little Acorns/Attn: James Smale Phone(Primary): 612-846-3360/763-445-9404 Mailing Address: 1865 W Wayzata Blvd Suite#112 City: Long Lake ZIP:55356 Email: james_smale@redpathcg.com PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant 0 check here if Property Owner address should be used for billing Name: Dale Richardson Phone(Primary): 612-708-6085 Mailing Address: PO Box 575 City: Long Lake ZIP:55356 Email: commerciaibuildingseryAlive.com APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property 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. • The Property 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. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property 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. • Information will be distributed via email. Applicant Signature: _ Date: Applicant Signature: Date: Property Owner Signature: Date: Property Owner Signature: - Date: RECEIVED CUP Application-January 2017 Page 4 JAN 1 7 2017 ,, CITY OF ORONO Little Acorns is a NAEYC accredited child care center located conveniently right off of Wayzata Blvd in Long Lake, Minnesota. Little Acorns is a family owned center that has been providing trusted child care and preschool in Orono, Long Lake, Maple Plain and Wayzata since 1997. Little Acorns has achieved the highest quality rating through Parent Aware,a Minnesota based company. We offer a variety of services including preschool,full time, and part time child care for children of 6 weeks to 12 years of age.We currently are licensed for 101 children.We are conveniently open Monday through Friday from 6:30am until 6:30pm to meet all of your child care needs. RECEIVED JAN 1 7 2017 38 99 CITY OF ORONO Custom Building Service LLC PCExhibit B PO Box 575 Long Lake MN 55356 612-708-6085 Intent of project is to keep a local business in Town Narrative For 2060 Wayzata Blvd Propose to convert existing building that has been vacant to daycare Tenant Little Acorn Building size 7350 SF Hours of operation 7AM- 7PM Project to be complete by 4/15/2017 Total employees 20 Capacity up to 95 children 45 of which are infants Traffic up to 75 families of which is staggered through the day usually up to 4 drop offs at a time but no large rushes. This will include 2 play areas 1500 ft each one will be in parking area NW property one will be in low sheltered area NE We expect very little noise as we have a large buffer to the north and the elevation to the north east is lower by a 12ft wall This project will not produce any odors RECEIVED JAN 172017 3898 CITY OF ORONO 0 r- U W NA 1 W r, t k — — — 8 # . . d , i) g ) F1 •y U II r cr . iiii 1 I E- 1 16 'i c° gl Ili IP iii,o fig iiiiii 1 K, _ 1 ..ii fiti . i Imommtiosill 11 Hi .--# 1 2.13131511g1 HO I S. P 1 \ i / X / / / \ 1 1 \ \ ] I 1 :il Cr l / // t / / / I l 4 l z o 0 \ ilu I 1 k, ; / { / �/ / / 1lil 9 I 7 1 \ !/ x / / f l l I l l m ! ��� �/�� / f/ off \ l l II f Y _--\ ) I r' 1 \ i -4s ! \� 06--' 1 1 1 - d� � I l • n• 1 1____. i ,..--1/ I' .'moi, 1 .� /..90,/ -, ( •r -a �A `y\ \ - -.\ - ( tOp �\ I 1•\..-:," .. lP 1 �—� •� flli / / 1 \ \ r e , . a vi :R 'o=` iv l \ l J . w I IN al tia 9 ---. -010i— 1,0 i iiMIIMINVITNI Fr ' ffil..-.NiWi...-- ‘.' 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[ _ _ 1-1 4 J ..."I).."1...-nt l'-'e)(Ai•o...," L. ff 1 I MO A[[N IILV[N PC Exhibit E November 22, 2016 Re: Building Code Review for Daycare Occupancies 2060 Wayzata Blvd,Orono, MN Mohagen Hansen Project No.: 16403.0CBS This document will provide a basic code review for the building located at 2060 Wayzata Blvd, Orono, MN.This code review will be focused on providing the requirements for an occupancy for a Day Care within the Minnesota State Building Code 2015 and the MN State Fire Code 2015.This review does not include the MN Chapter 9503 Child Care Center Licensing. Basic Building Current Information: 1. Occupancy: B(Business) 2. Building Construction Type: Type V B 3. Stories: 1 with a Mezzanine and Basement 4. Square Feet per Floor: Basement Level: 1563 SF; Main Level: 1546 SF; Mezzanine:749 SF 5. Sprinkled Fully Sprinkled,NFPA 13 6, Exiting 2 exits,one on main level and one on basement level Day Care Review; 1. Occupancy Classification Table 302.2 a More than 5 children under 2.5 years of age without exit on level of classrooms: 1-4 i. Mezzanine level : 1-4 occupancy not allowed by item#14 b. More than 5 but less than 100 children less than 2.5 years on level of exit: E i. Main level or Basement level: E occupancy with direct access out of classroom. Exit doors need to be added. c. More than5 children greater than 2.5 years: i. Main level or Basement level: E occupancy, no additional exiting required ii. Mezzanine level: E occupancy if exit door is added. 2. Table 503 Building Height and Size:E Allowable: 1stories and 9,500SF per floor Provided: 2 stories and approx.. 1600 SF or less per floor 3. 504.2 Automatic sprinkler system increase. a. Allowable stories increased by one story. 4. Table 803.9 Interior Finish Requirements for Flame Spreads Group E:Exits- Group B Corridors, Rooms— Group C Flame spread for C: 76-200 Smoke Development Index: 0-450 5. 906 Fire Extinguisher:to be located a maximum travel distance of 75'-0" 6. Table 1004.1.4 Maximum floor area per occupant: RECEIVED Group E:Day care:35-any classroom over 1,715 SF needs two exits 7. 1008.1.10: Panic Hardware:Group E:is Required, JAN i 7 2017 8. 1009 Stairways 1000 Twee Oaks Center Oriva I Suite 200,Wayzata,MN 55391 # 3 8 98 CITY OF ORONO 2061)Wayzata Blvd:Day Care Code Review November 18,2016 II( Page Two I I 1009.3 Exit Access Stair: Floor Enclosure Exception 1:Stairways serving only two stories.(does not include mezzanine)—not required to be enclosed. 9. Table 1014.3 Common Path of Egress Travel: a. E occupancy=75'-0":Main level and Basement Level complies. b. B occupancy—100': Mezzanine level complies 10. Table 1016.2 Exit Access Travel Distance:Group E:250'-0" 11. 1018 Corridors: Both Group E: Corridors not required to be fire rated if the building is fully sprinkled. 12. 1018.4 Dead End Corridors Group E:50'-0" if sprinkled 13. 1018.2 Corridor Width required Group E: 72" if occupant load is over 100. Building complies 14. Table 1021.2 Stories with one exit or access to one exit a. 1-4 not allowed on Mezzanine level with only one exit. b. Main Level:75'to exit: Building complies c. Basement Level:75'to exit: Building complies 15. 1104 Accessible Route a. Basement Level:if path to exterior door is accessible(1:20 ramp)then floor complies. If accessible exterior path does not exist then a lift(LULA)is required from Main level to Basement level. b. Main Level:if no stairs to the main entry then this level complies with code: c. Mezzanine Level:If this level is less than 30 occupants then this level complies. No lift or elevator needed 16. Table 2902.1 Plumbing fixture count Group E Water Closets: 1 per 50 occupants Lavatories: ' per 50 occupants Drinking Fountain 1 per 100 occupants Service Sink 1 a. Restrooms need to be located on accessible routs;therefor the Main level will need to add restrooms b. 2902.32:Accessible restrooms need to be within one floor and 500' of a space.If restroom are added to Main level,then Mezzanine level will comply with this code. Additional basic information from MN Chap 95123 1. Outdoor play area: min. 1,500 SF,fenced off.: 2. Electrical outlets to be tamper proof. 3. Large muscle activity area needed 4. One handwashing sink and water doset for every 15 students Further Discussion 1. Rooms with Children 2.5 years and younger need a direct exit door out 2. Restroom fixture count RECEIVED 3. Food Prep Area location MOHAGEN HANSEN JAN 1 7 2017 Architecture I Interiors Crr(OF ORONO 94---d"14-‘4— Jennifer Kaplan,AIA Architect K:\Jobs\2060 Wayzata-Blvd_16403101 Admin\Code 116403_Code ReviewJ7aycare.docx MOHAWEN HANSEN 3 Q 9 Architecture I Interiors �d Minnesota Licensing Standards for Day Care Centers-Daycare.com Page 1 of 3 P FVI Jj • ) ✓ PC Exhibit F State Requirements &AYe;at ihOfalfi€7 in/ 41440" o• , f�eor.larther Save SO,r '� off the rsertneover _ r reliable,Wadable,andsews 1 4---• . bexiblellveinchildcare pr col , solution yob rpm meta ea* au pcir; ' �A r i; 'Jr: -i" ri, Oridortformi M.V THE BETTER DAYCARE HIGHLIGHTS BOOKS! HIGHLIGHTS BOOKS! LICENSING REQUIREMENTS AuPalr4me offers a culturally With a wide variety of stories With a wide variety of stories, Your state's Ucensina Reaulrements enri Nino.cost effective.and valuable guzzles,and activities every month! puzzles,and activities every month, nd contact numbers. alternative. Licensing Standards for Daycare Centers • Licensing Standards for Family Daycare Minnesota Licensing Application hiI Child Developement Handbook Worker Qualifications Staff qualifications:The center must have a director and the appropriate number of staff qualified as teachers, assistant teachers,and aides based on staff ratio and distribution requirements. Within each age category,the first staff needed to meet the staff to child ratio must be a teacher; the second staff`must be at least aide qualified; the third staff must be at least assistant teacher qualified; and the fourth staff must be at least aide qualified. Teacher:Must be at least 18 and meet one of nine possible combined credential,education and experience requirements,such as a high school diploma with 4,160 hours experience as an assistant teacher and 24 quarter credits In a child care-related field. Assistant teacher: Must work under the supervision of a teacher, must be at least 18, and meet one of the nine possible combined credential,education and experience requirements,such as a high school diploma with 2,080 hours experience as an aide or Intern and 12 quarter credits. Aide:Carries out the child care program activities under the supervision of a teacher or assistant teacher. Must be at least 16; If under 18 must be directly supervised by a teacher or assistant teacher at all times except with sleeping children or assisting with tolleting and diapering. Volunteers:If included In the staff ratio, must meet the requirements for the assigned staff position. Volunteers who have direct contact or access to children must be supervised by director,teacher or assistant teacher. Staff orientation and in-service training:The applicant must ensure that every staff person and volunteer who will have direct contact with children, Is given orientation training before starting assigned duties. At least one staff person trained in cardiopulmonary resuscitation and first aid must be present In the center at all times when children are In care.The applicant must ensure that an annual in-service training plan Is developed and implemented as required. Child age groups: • •Infant-Age 6 weeks but less than 16 months old • •Toddler-Age 16 months but less than 33 months old • • Preschooler-Age 33 months but has not yet attended the first day of kindergarten • • School age-Is at least of sufficient age to have attended the first day of kindergarten, or Is eligible to enter kindergarten within the next four months,but Is younger than 13 years of age. Staff ratios and group size:The applicant must meet the minimally acceptable staff to child ratios and the maximum group size within the following age categories: S" vi all .:11/th. Ratio T.!.tio Age Range Ratios for Center Based Care in Minnesota State Infants (1:4) Toddlers (1:7) Preschool (1:10) School-age (1:15) Mixed age group ratio for youngest child in group Age Range Ratios for Family Child Care in Minnesota State Minnesota has seven classes of Family Child Care,each with different ratios and requirements.The two categories shown here are for reference only.For more detailed information,contact the state licensing agency listed below. Child/Adult Ratio Age Restrictions https://daycare.com/minnesota/ 2/6/2017 Minnesota Licensing Standards for Day Care Centers - Daycare.com Page 2 of 3 Licensed Capacity Adults Total children Total Infants and toddlers under school age 10 1 6 Of the total children under school age,a combined total of no more than 3 shall be infants and toddlers.Of this total,no more than 2 shall be Infants. B.Specialized Infant and Toddler Family Day Cars: (1)5 1 3 No more than 3 shall be Infants. (2)6 1 4 No more than 3 shall be infants. C.Group Family Day Care: 10 1 a Of the total children under school age,a combined total of no more than 3 shall be Infants and toddlers.Of this total, no more than 2 shall be Infants. (2) 12 1 10 Of the total children under school age,a combined total of no more than 2 shall be Infants and toddlers.Of this total, no more than 1 shall be an Infant. (3)14 2 10 Of the total children under school age,a combined total of no more than 4 shall be infants and toddlers. Of this total,no more than 3 shall be Infants. A helper may be used In place of a second adult caregiver when there Is no more than 1 Infant or toddler present. D.Specialized Infant and Toddler Group Family Day Care: 9 2 7 Of the total children,no more than 4 shall be infants Both caregivers shall be adults. License fees Application fee for initial license: An applicant for an initial license or certification issued by the Licensing Division must submit a $500 application fee with each new application. The application fee is not prorated, is nonrefundable, and is in lieu of the annual license or certification fee that expires on Dec. 31.The Licensing Division will not process an application before the application fee is paid. Annual license fee (See Minnesota Statutes 2003. Section 245A.10- amended by Laws of Minnesota 2005, Chapter 4, Special Session, Article 3,section 4 and article 5,section 6): All other programs with a licensed capacity are required to pay an annual nonrefundable license or certification fee based on the following schedule: Licensed capadty-Fee One to 24 people-$400 25 to 49 people-$600 50 to 74 people-$800 75 to 99 people-$1,000 100 to 124 people-$1,200 125 to 149 people-$1,400 150 to 174 people-$1,600 175 to 199 people-$1,800 200 to 224 people-$2,000 225 or more people-$2,500 A day training and habilitation program serving people with developmental disabilities or related conditions Is assessed a license fee based on the schedule above unless the license holder serves more than 50 percent of the same persons at two or more locations In the community. When a day training and habilitation program serves more than 50 percent of the same people in two or more locations In a community,the day training and habilitation program Is required to pay a license fee based on the licensed capacity of the largest fadlity and the other facility or facilities are charged a license fee based on a licensed capacity of a residential program serving one to 24 people. A program without a stated licensed capacity is required to pay a license fee of$400. A program licensed to provide residential-based habilitation services under the home and community-based waiver for persons with developmental disabilities shall pay an annual license fee that Includes a base rate of$250 plus$38 times the number of clients served on the first day of August of the current license year.State-operated programs are exempt from the license fee under this paragraph. A mental health center or mental health clinic requesting certification for purposes of insurance and subscriber contract reimbursement under Minnesota Rules, parts 9520.0750 to 9520.0870 is required to pay a certification fee of$1,000 per year.If the mental health center or mental health clinic provides services at a primary location with satellite facilities, the satellite facilities are certified with the primary location without an additional charge. The commissioner cannot Issue a license or certification until the license or certification fee is paid. Contact Information Child Care Licensing Agency Child Care Subsidy Agency Minnesota Department of Human Services Minnesota Department of Human Services Division of Licensing Child Care Assistance Program 444 Lafayette Road North P.O. Box 64951 St. Paul, MN 55155-3842 St. Paul, MN 55164-0951 Phone: (651)431-6500 Phone: (651)431-4005 Fax: (651)431-7673 Fax: (651)431-7526 Minnesota Daycare Listings Head Start - State Collaboration Office Child Care rood Program Agency Early Learning Services Grants Coordination and School Support Minnesota Department of Education Michigan Department of Education https://daycare.com/minnesota/ 2/6/2017 Minnesota Licensing Standards for Day Care Centers - Daycare.com Page 3 of 3 1500 Highway 36 West Post Office Box 30008 Roseville,MN,55113-4266 Lansing, Michigan 48909 Phone: (651)582-8463 Phone:(517)373-4013 Fax: (651)582-8494 Fax: (517)373-4022 State Child Care Resource & Referral Contact Office of Child Support Enforcement Minnesota CCR&R Network Office of Child Support Enforcement 380 Lafayette Road,Suite 103 Department of Human Services St, Paul,MN 55107 444 Lafayette Road,4th floor Phone: (651) 290-9704 St Paul,Minnesota 55155-3846 Toll Free: (888)291-9811 Phone: (651)296-4085 Fax:(651)290-9785 Fax: (651)297-4450 Child Abuse Reporting Hotline To report suspected child abuse In Minnesota,call county law enforcement office or any county Department of Human Services. For national child abuse information,call Chlldhelp®,800-4-A-CHILD(800-422-4453),or your local CPS agency. Homepage Login Sign-Up Forum Toys&Products About Us Contact Daycare.com c ir;97-^0I7 !icy:cre.totn https://daycare.com/minnesotal 2/6/2017 CMP Part 3B. Land Use Plan PC Exhibit G properties are not continuous, with residential properties scattered among th- making for a somewhat fragmented business district that is spread out over a e in length from end to end. Along these two corridors the second '- of development is typically residential; hence the business uses in many : s are in close proximity to individual homes. Past City planning efforts for the Navarre area have identifle• a number of challenges to be addressed as Navarre redevelops in the years to .me: 1) High traffic volumes and the existing traffic m: . : :ement infrastructure result in poor pedestrian accessibility. Pedestri: have limited options for crossing CR 15 or CR 19. The Park and ' de facility location and inflexibility of bus routes (partially due to th- ocation and configuration of the P&R lot)requires that bus patrons cro•. CR 15 on at least one leg of their commute. 2) Parking availability is a limiting facto or expansion or redevelopment of existing businesses. 3) Beautification efforts are hin• ed by road width and right-of-way constraints as well as financial ..nstraints. 4) Aging buildings are ripe .r redevelopment yet provide low rental rates that allow local business, to survive and thrive, reducing the incentive to redevelop. 5) There is little arc,•tectural cohesiveness among the existing buildings. Navarre hasn't d. ided whether it wants to be urban(buildings against the street, parking the rear) or suburban (buildings set back, parking at the front)in c•: . ter. 6) Compat •ility of certain business uses with the closely adjacent residential nei:• •4rhood can become an issue. 7) E •ansion of pedestrian connectivity to adjoining neighborhoods and to ►i akota Rail Trail. 8) Introduction of higher density mixed use (residential and commercial) development to select sites identified in the Land Use Plan. 4 ORONOILQNG LAKE COMMERCIAL AREA. An additional commercial area is designated along Old Highway 12 (Wayzata Boulevard) where the availability of transportation and utilities as well as proximity to similar commercial developments in Orono and Long Lake,make commercial use appropriate. City of Orono Community Management Plan 2008-2030 Page 3B-38 CMP Part 3B. Land Use Plan i Orono will coordinate its commercial development planning related to Wayzata Boulevard area with the City of Long Lake to ensure the Long Lake downtown area remains vital and viable,to focus retail development in a compact downtown retail area, and to prevent the extension of retail development west of Willow Drive in Orono. The retail development in the Wayzata Boulevard area will be community or neighborhood scale rather than 'big box' regional scale development. The types of retail uses will be those that focus on providing services to the residents and businesses of Long Lake and Orono, while also drawing from the reduced traffic stream on Wayzata Boulevard resulting from opening of the new Highway 12 corridor. However, the retail development is not to draw substantial traffic from beyond Orono. The development plans for the Highway 12 area will encourage locally-owned and operated businesses that provide services to Orono and Long Lake residents. Additionally, the Highway 12 retail area will be a pedestrian-friendly area. This involves providing trails/sidewalks along the roadways providing access to the retail uses. It also involves providing public amenities that provide a sense of place and provide a gathering place for the public. The commercial areas along Wayzata Boulevard within Orono are identified in Map 3B-7 and include the following: 1. Property abutting the north side of Wayzata Boulevard from Brown Road North to Willow Drive. This area was reviewed as part of Comprehensive Plan Amendment No. 2 in 1989, resulting in a guide plan calling for commercial uses abutting Wayzata Boulevard with primary access to a service road connecting from Brown Road to Willow Drive, and elimination of direct access to Highway 12. The area is currently bounded on the north by existing residential development at densities ranging from 1 unit per 2 acres to 1 unit per 1.3 acres. The western half of this area has since been developed via PUD as a nursery/garden center with included leasable commercial spaces. The east half of this area includes, a 10,000 s.f. office building, a strip shopping center, a small quasi-industrial machine shop operation, an office- condominium development, and a 62-unit senior independent living apartment building. The City Council in February 1998 adopted a General Concept Plan for development along Wayzata Boulevard indicating that the Council's vision includes community scale retail development (as opposed to regional or 'big box' scale development) focused in a more compact area in or near downtown Long Lake (closer to Brown Road than to Willow Drive, at least in the short term) for the following reasons: Mir City of Orono Community Management Plan 2008-2030 Page 3B-39 CMP Part 3B. Land Use Plan 1. Focuses on downtown Long Lake remaining a strong retail area, and helps preserve owner-operated small service businesses in Long Lake which are vital to Orono and Long Lake residents. 2. Focuses on maintaining a vital downtown and "sense of place" for both Long Lake and Orono. 3. A compact retail area encourages pedestrian activity. 4. It is easier to plan, coordinate and control the development of a more compact retail area than an extended retail strip. 5. Focusing development toward Brown Road could strengthen the ability to obtain desirable development on the north side of Wayzata Boulevard east of the Otten Brothers Nursery. 6. Enables better control over the amount of retail development that occurs along Wayzata Boulevard. 7. Provides the opportunity to generate stable jobs in office, high tech,medical, etc. 8. A more compact community scale retail area matches the design of new Highway 12 with no interchanges through Long Lake. 9. Limits the impact on north/south roadways (i.e. increased traffic and activity levels) as compared to the more intense "big box" retail uses. 10. Maintains a lower activity level in the area west of Willow Drive. 11. Would create less pressure for providing an access from new Highway 12 to the retail area. Orono's 2000-2020 CMP reguided the easterly 4 acres of this area to allow for development of senior housing. The remainder of this area should be developed with a mix of commercial uses including retail, service and office components. Access via a service road paralleling Wayzata Boulevard is still desirable rather than direct access to Wayzata Boulevard, since traffic levels are expected to again creep upward, and the long-term need for a service road may again manifest itself. For this reason, it is in the best interests of the City and the business community to preserve at least a partial service road corridor between Brown Road and Willow for future use which will provide all properties with access options other than direct access from Wayzata Boulevard. The City supports the City of Orono Community Management Plan 2008-2030 Page 3B-40 CMP Part 3B. Land Use Plan development of a "mid-point" connection to Wayzata Boulevard directly across from Brimhall Avenue or Shaughnessy Avenue, such access to be at least a right-in,right-out configuration. Further,if and when the service road is constructed, all other existing accesses directly to Highway 12 should ultimately be removed. 1 2. Property abutting the north side of Highway 12 from . illow Drive to Old Crystal Bay Road. As part of the 1989 Co•. .rehensive Plan amendment, the City guided the portion of this area ctly adjacent to the north side of Highway 12 for commercial deve .pment. At that time, the City was not clear about the type of co.. .. ial development that should be planned for this area. The 2000-2024 CMP further refined the intent for this area, establishing that the optim.us development in this area would be office development. Office devel.p .o ent can provide services for Orono residents, can provide facilities fe businesses owned by Orono residents, and can provide quality - „.loyment opportunities. The development of this area for office - e versus retail use enables the Wayzata Boulevard retail area to so ain a more compact pedestrian- friendly retail area versus a no,-cohesive extended strip of retail development. The City's intent ': to have a single tier of office uses between Kelley Parkway and ayzata Boulevard, with residential uses north of Kelley Parkway. Parameters for commercial :e of this area are as follows: 1. The area affect-. is property lying between Kelley Parkway and Wayzata Boulev: . west of Willow Drive and east of Old Crystal Bay Road. 2. Allowed •es in this area include professional offices, limited service u , and retail uses accessory to the office use. 3. Acces to all uses will be via Kelley Parkway. Direct access to Will. Drive, if allowed, shall be right-in/right-out only. There s.: be no direct access points onto Wayzata Boulevard. 4. ".ig box"retail uses will not be allowed within this area. LAKESH s • COMMERCIAL LAND USE Lake : •ess and lake user service businesses are appropriate for a lakeside comm .'ty and require a lakeshore location. Special performance standards are neces•: to assure protection of the lake environment and protection of nei:. .oring properties. City of Orono Community Management Plan 2008-2030 Page 3B-41 • - — -.F:: _ -•» ryyril[i. A a' .. , _,,,... pl ..kk �jj ,,, - --e.ai, ...., . _. -14411414"/""dr iiiiiinkl 111111 ♦� ��� ilk j�,!1.ii,,_otw,,,...,:70,.....0'41.11:_____:211;:sa:41' Ii;• rIP *'a) H e Flan ;; a. -t ,, , , , . . ,., . „. � ,f ��/ilii�" �� !j�� �_„ „`` JAM 2030' 11111 1 ma 111 Si– .!, I IIP i - ,. r 4 City of Orono i, Eli Jr IVI ,"'�''`'` ll 1 ' .��, ....,�_ pi n nesota • :!'-.,„ 7.! !1' --.....1 al-lifibil'. ' r• C, 1 moi' < •44.-2.,-1_,---__ ....,„..-:.- -wir . k F t 11 i,. Litio ■'' '=�IIii __'�,i l►..�+rt'� : , "� Future Land Use Categories 1 �� nir� ■.ISBN IMinini 1 `mri �" 101 • Rural (1 unit/5 ac) `�� ,�yii ; ss�WIN-rill' _ - .+�► aliiirsi - !7 _�4k Irk Rural Residential (1 unit/2 ac) , . Nu r', �� ' ti Low Density Residential (0.5-2 units/cc) ' ''�� a � � �� ;., '"' illi u1 1: ■� + - 1 kit1� ► ' � Low-Medium Density Residential (2-3 units/ac) �1 _ �� .— iiiri.icellitiall 1111111.1)$-,,,,_um . �,...r �, r 1 Medium Density Residential (3-7 units/ac) ' Medium Den Residential 10 units/a .. . �— �� .. gill �� �� �`* �i milk - > ��°A4 m. -High sity (7- c) ,I�''��11 � ,..a, ......,41%... �'�� Hi h Densi Residential 10-15 units/ac ���� ill �� 1._e'k • :'�� , 9 tY ( ) Y < mercial office 1 • orsg Mixed Use Residential (6-15 units/ac) i rM :: illikw:,--,.,T.unairr liti.7.- A ; tif, - � Com q ' ‘ ..,,,,k Nr ?,,J/ illi 1 ri.C.i . *- ' . 1 , K Indus nal d t 4 ►►j 1iiiir 1i. rt.;�� `rif;i1t111;17 if; t� - :'x. �S: Parlc, Recreational, and Open Space j1 j ',.,...../ al+� ;'--- i' , Institutional =4 �„ "* ..: , 2 #�• o■■s Proposed MUSA .� a i Open Wafer ,: ;.� , ,,,„ - ... ....., : ,,/...., �, % Parcel / 1{yy 1s �+ y. ty� k+ ,•:,--_-t. , r. . -1 T'� a ;1 +Y'+' '7Y+ It��.'4i,,.m W '� �«i.S -'�.. .1 ' B.� . � � �q � , ., �� ; —+— Railroad Orono,MN Code of Ordinances Page 1 of 10 Orono,MN Code of Ordinances Page 2 of 10 DIVISION 17.-6-6 HIGHWAY COMMERCIAL DISTRICPrs Z_CP/ "' Sec.78-795.-Conditional uses. rooamtex- —n-o— Within any 9-6 highway business district,no structure or land shall be used for one of the crua rail,4n�e—ea �s za•vgg/rwsy 12 ce..raxsrueys r7srarr et seg following uses without a conditional use permit Sec.78-791.-Purpose. (1) Restaurants(class I). The purpose of the 8-6 highway commercial district Is to provide a commercial district (2) The following uses when such use includes a drive-through condition: specifically tailored to accomplish the commercial development objectives of the Highway 12 a. Offices(business and professional). Corridor study section of the comprehensive plan. b. Banks and financial institutions. c. Libraries. (Code 1984,§10.45(1)) d Motels and hotels. Sec.78-792.-Site plan review. (Ord.No.152 2nd series,§4,10-28-1996) All site reviews in any 13-6 highway business district shall be reviewed as set forth in article II, Sec.78-796.-Accessory uses, division 4 of this chapter. Within any 8-6 highway business district,the only permitted accessory uses and structures (Code 1984,§10.45(2);Ord,No.68 3rd series,5 9,2-8-2010) are the following: Sec.78-793.-Permitted uses. (1) Private garages,off-street parking and loading spaces,as regulated in this chapter. (2) Signs,as regulated in this chapter. Within any 11-6 highway business district,no structure or land shall be used except for one of the folkmring uses or uses deemed similar by the council (3) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction. (1) Offices(business and professional). (4) Decorative landscape features. (2) Banks and financial Institutions. (5) Fences,as regulated In this chapter. (3) Libraries. (6) Any incidental repair or processing necessary to conduct a permitted principal use, (4) Motels,and hotels. provided that the Incidental use shall not exceed 30 percent of the floor space of the principal building. (Code 1984,§10.45(3);Ord.No.152 2nd series,§3,10-28-1996) (7) Public telephone booths. Sec.78-794.-Relationship with planned unit developments. (8) Communication reception/transmission devices. a. Accessory antennas.Accessory antennas shall be limited to radio and television Other types of comnlerdai uses and mixed use developments may be applied for through the receiving antennas,satellite dishes,TVRO's,and amateur shortwave radio planned unit development process.Applications that include commercial uses within the Highway transmitting and receiving antennas.Accessory antennas that are accessory to the 12 Corridor shall assume the B-6 district as the underlying zoning district prindpal use of the property are permitted accessory uses In all zoning districts, (Code 1984,510.45(4);Ord.No.152 2nd series,5 4,10-28-1996) provided they meet the following conditions: about:blank 1/24/2017 about:blank 1/24/2017 n m x a z Orono,MN Code of Ordinances Page 3 of 10 Orono,MN Code of Ordinances Page 4 of 10 1. Height.A ground mounted accessory antenna shall not exceed 20 feet in height Setbacks,Amateur shortwave radio antennas and towers shall not be located from ground level, within any required setback area and shall be located no less than the height of 2. Yards.Accessory antennas shall not be located within the required front yard the antenna and tower from the property line. setback,corner side yard setback or side yard setback abutting a street (9) Other uses that are customarily incidental to,and subordinate to,the allowed permitted 3. Roofs.If vegetation or obstructions Interfere with satellite signals at a location in and conditional uses in this district, any allowable placement area,the accessory antenna may be placed on the roof (Code 1984,§§10.4 5 0( ),10.45(5);Ord.No,161 2nd series,§8,6-7-1997;Ord.No,183 2nd series,§ of any authorized structure on the premises. 3,2-22-1999;Ord.No.106 3rd series,§18,6-10-2013) 4. Setback.Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set Sec.78-797.-Area,height,lot width,setback requirements and design requirements. back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. The following minimum requirements shall be observed in any 8-6 district,subject to 5. Bu//ding permits.A building permit shall be required for the installation of any addttlonal requirements and exceptions contained in article VII of this chapter. accessory antenna requiring a conditional use permit.Building permit (1) Lot area,two acres. applications shall be accompanied by a site plan and structural component data (2) Lot width,100 feet for the accessory antenna,including details of anchoring.The building official (3) Setback,principal structure: must approve the plans before installation. a. Front,30(35)feet* 6. Ughting protection.Each accessory antenna shall be grounded to protect against b. Side interior,10(35)feet natural lightning strikes In conformance with the National Electrical Code as adopted by the city. c. Side street,30(35)feet. 7. Electrical code.Accessory antenna electrical equipment and connections shall be d. Rear,30(35)feet designed and installed in conformance with the National Electrical Code as (4) Setback,accessory structure: adopted by the city. a. Front,30(35)feet.* 8. Color/content.Accessory antennas shall be of a neutral color and shall not be b. Side interior,10(35)feet used as signage. c. Side street,30(35)feet b. Amateur shortwave radio antennas and towers.Amateur shortwave radio antennas d. Rear,30(35)feet and towers which do not meet the conditions for accessory antennas may be allowed (5) Setback,parking: with a conditional use permit In all zoning districts provided they meet the following a. Front,15(20)feet conditions: b. Side interior,5(10)feet. 1. Height When an amateur shortwave radio antenna Is mounted on an antenna c. Street side,10(15)feet tower,the total height of the antenna and tower shall not exceed 65 feet d. Rear.10(10)feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within Setbacks In parentheses apply adjacent to all residential districts. a front corner side or side yard. 3. * 30(35)feet or 114 times the building height,whichever is greater,in determining front setbacks for principal and accessory structure only. about:blank 1/24/2017 aboat:blank 1/24/2017 Orono,MN Code of Ordinances Page 5 of 10 Orono,MN Code of Ordinances Page 6 of 10 (6) No land shall be developed and no use shall be permitted that results in water runoff Minimum landscaping requirements.All open areas of a lot which are not used or causing floods,erosion or deposits on adjacent properties.Site and drainage plans shall Improved for required parking areas,drives or storage shall be landscaped with a be submitted by the applicant in such detail as required by the council,and those plans combination of deciduous and coniferous species,Including overstory trees, shall be reviewed by the city engineer before submission to the planning commission and understory trees,shrubs,flowers and ground cover materials.The plan for the council for approvaL Such runoff may be required to be properly channeled into a landscaping shall include ground cover,bushes,shrubbery,trees,sculpture, natural watercourse,ponding area,storm drain or other public facilities.Any change in foundations,decorative walks or other similar site design features or materials in a grade affecting water runoff whether onto adjacent property or otherwise must be in quantity having a minimum value in conformance with the following table: compliance with the surface water management plan and shall be consistent with other Pro applicable regulations or provisions of this Code and subject to the approval of other /est Value(including building Minimum Landscape Value agencies havingjurisdiction over the area affected by the drainage. construction,site preparafrat,and site (7) No structure or building shall exceed 30 feet in height except as provided in section 78- improvements) 1366. (8) Landscaping: Below$1,000,000.00 2.0%of project value a. Landscape plan requirements.Landscape pians shall be required for any proposed ;1,000,000.00—;2,000,000.00 $20,000.00+1%of project value in commercial site and shah be prepared by a landscape architect or other qualified person acceptable to the city,drawn to the scale of not less than one inch equals 50 excess of$1,000,000.00 feet,and shall show the following $2,000,001.0D—;3,000,000,00 $30,000.00+0.75%of project value in 1. Boundary lines of the property with accurate dimensions; 2. Locations of existin andexcess Of$2,000,000.00 g proposed buildings,parking lots,roads and other improvements; ;3,000,001.00—;4,000,000.00 $37,500.00+0.25%of project value In 3. Proposed grading plan with two-foot contour intervals; excess of$3,000,000.00 4. Location,approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities,common and botanical Over$4,000,000.00 1.0%of project value names,size of plant materials,root condition and special planting instructions; 6, Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features,Including berms,fences and planter boxes; In Instances where healthy plant materials of acceptable species exist on a site prior to Its development,the application of the standards in subsection(8)of this section 8. [Details of restoration of disturbed areas,Including areas to be sodded and seeded; may be adjusted by the city to allow credit for such material,provided that such 9. Location and details of irrigation systems;and adjustment is consistent with the intent of this division. 10. Details and cross sections of all required screening. 1. A reasonable attempt shall be made to preserve as many existing trees as is b_ practicable and to incorporate them Into the site plan. 2. about:blank 1/24/2017 aboutblank 1/24/2017 Orono,MN Code of Ordinances Page 7 of 10 Orono,MN Code of Ordinances Page g of 10 All new overstory trees shall be balled and burlapped or moved from the Maintenance of landscaping.The owner,tenant and their respective agents shall be growing site by tree spade,Deciduous trees shall have a minimum caliper of 21/2 jointly and severally responsible for the maintenance of all landscaping In a condition inches.Coniferous trees shall be a minimum of six feet in height.Ornamental presenting a healthy,neat and orderly appearance and free from refuse and debris. trees shall have a minimum caliper of 17 inches. Plants and ground cover which are required by an approved site or landscape plan, 3. All site areas not covered by buildings,sidewalks,parking lots,driveways,patios, and which have died,shall be replaced within three months of notification by the or similar hardcover materials shall be covered with sod or an equivalent ground city.However,the time for compliance may be extended up to nine months by the cover approved by the city.This requirement shall not apply to site areas city In order to allow for seasonal or weather conditions. retained in a natural state. e. Retaining wails.Retaining walls exceeding four feet In height,and staged walls which 4. In order to provide for adequate maintenance of landscaped areas,an cumulatively exceed 16 feet in height or Involve more than four tiers,must be underground sprinkler system shall be provided as part of each new constructed in accordance with plans prepared by a registered engineer or development except one-and two-family dwellings and additions to existing landscape architect structures which do not at least equal the floor area of the existing structure.A f. Landscaping performance security required.When screening,landscaping or other sprinkler system shall be provided for all landscaped areas except areas to be similar improvements to property are required bythis division,a letter of credit shall preserved In a natural state. be supplied by the owner in an amount equal to at least 114 times the value of such 5. Not more than 50 percent of the required number of trees shall be composed of screening,landscaping or other improvements.The letter of credit shall be one species.The city shall maintain a list of prohibited species which shall not be conditioned upon reimbursement of all expenses incurred by the city for used for landscaping. engineering,legal,contracting or other fees In connection with making or completing c. Interior parking lot landscaping. such improvements.The letter of credit shall be provided prior to the issuance of any 1. Ail parking lots containing over 150 stalls shall be designed to incorporate building permit and shall be valid for a period of time equal to two full growing seasons after the date of Installation of the landscaping.The city may accept someunpaved,landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet.Islands which other form of security in lieu of a letter of credit In an amount and under such conditions that the city may determine to be appropriate.If construction of the are necessary to promote the safe and efficient flow of traffic shall not be subject to the 150-stall standard and shall be required by the city when project Is not completed within the time prescribed by building penults and other approvals,the city may,at Its option,complete the work required at the expense of warranted. the owner and the surety.The city may allow an extended period of time for 2. Parking lot landscape areas,induding landscape islands,shall be reasonably completion of all landscaping if the delay Is due to conditions which are reasonably distributed throughout the parking lot area so as to break up expanses of paved beyond the control of the developer.Extensions,which may not exceed nine months, areas.Parking lot landscape areas shall be provided with deciduous shade trees, may be granted due to seasonal or weather conditions.When an extension is ornamental or evergreen trees,plus ground cover,mulch and/or shrubbery as granted,the city shall require such additional security as It deems appropriate. determined appropriate by the planning commission.Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces g. Screening and buffering. provided,or major fraction thereof.Parking lot landscaping shall be contained in 1. The following uses shall be screened or buffered in accordance with the planting beds bordered bya raised concrete curb or requirements of this section: P $ equivalent approved by the planning commission. i. about:blank 1/242017 aboutblaak [24/2017 .Orono,MN Code of Ordinances Page 9 of 10 ,Mono,MN Code of Ordinances Page 10 of 10 Principal buildings and structures and any bulding or structure accessory a. it is not the Intent of the city to restrict design freedom unduly when reviewing thereto located in the B-6 zone shall be buffered from residential lots project architecture in connection with a site and building plan.However,it Is in the located in any R district. best interest of the city to promote high standards of architectural design and II. Off-street parking facilities containing six or more spaces shall be buffered compatibility with surrounding structures and neighborhoods.Architectural plans from streets located within 50 feet.Parking facilities shah be buffered with shall be prepared by an architect or other qualified persons acceptable to the city landscape zones. and shall show the following for all structures in the B-6 district External loading and service areas must be completely screened from the 1. Elevations of all sides of the building. ground-level view from contiguous residential or commercial properties and 2. Type and color of exterior building materials. adjacent streets,except at access points. 3. A typical floor plan. iv. All trash and trash handling equipment shall be stored within the principal 4. Dimensions of all structures. structure,within an attached structure accessible from within the principal 5. The location of trash and recycling containers and of heating,ventilation and air structure,or totally screened from eye-level view from public streets and conditioning equipment. adjacent residential properties. b. Unadorned prestressed concrete panels,concrete block and unfinished metal shall v. The ground-level view of all mechanical utilities shall be completely screened not be permitted as exterior materials for principal and accessory buildings.This from contiguous properties and adjacent streets,or designed to be restriction shall apply to all principal structures and to all accessory buildings.The compatible with the architectural treatment of the principal structure. city may,at its discretion,allow architecturally enhanced block or concrete panels. vi. The light from automobile headlights and other sources shall be screened c. Accessory buildings shall be architecturally compatible with principal structures. whenever R may be directed onto adjacent residential windows. Accessory structures for trash and trash handling equipment shall be constructed of 2. Required screening or buffering may be achieved with fences,walls,earth the same building material as the principal structure and be readily served through berms,hedges,or other landscape materials.All walls and fences shall be swinging doors. architecturally harmonious with the principal building.Earth berms shall not d. All rooftop or ground-mounted mechanical equipment and exterior trash and exceed a slope of 3:1.The screen shall be designed to employ materials which recycling storage areas shall be fully enclosed or screened so as to not be visible with provide an effective visual barrier during all seasons. materials compatible with the principal structure. 3. All required screening or buffering shall be located on the lot occupied by the e. Underground utilities shall be provided for all new and substantially renovated use,building,facility or structure to be screened.No screening or buffering shall structures(the term"substantlaNy renovated"shall mean when the renovations be located on any public right-of-way or within eight feet of the traveled portion exceed 30 percent of the prerenovation value of the structure). of any street or highway. (Code 1984,§10.45(6);Ord.No.201 2nd series,§1,2-i 2-2001;Ord.No.18 3rd series,§3,9-27 4. Screening or buffering required by subsection(8)of this section shall be of a 2004;Ord.No.94 3rd series,§3,9-242012;Ord.No.173 3rd series,§16,6-27-2D16} height needed to accomplish the goals of subsection(8)of this section. Screening methods Incorporating roofs over storage,trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Secs 78-798-7$ 20.-Reserved Height of plantings required under subsection(8)of this section shall be measured at the time of Installation. (9) Architectural standards. about:bleak 1/24/2017 about:blank 1/24/2017 I I _ �„_ �. .._»� �u..�;rt . - �,� �.:r.� ass ORS ET •-�'a�*' -- -cl___ rrrr�� , ; qty of Orono R1B -. r- r ',, •-c�� 1 �� tI RR�rI� !.. Ski • ;Itet.... � ZONING MAP ,.. ,. ._ _•---!"- - � , r iiimiIIS :._ t• ' r ci I �, r--�� OlAF -' P •t1v I I (. Rt4g1k4'1 .i10.1111 K . ' • , 1Z �R,1 A t ;� r �.°., Illiithaidli ZONING DISTRICTS RuralReeldendsl• I Yr i i ";;\+ i :� �'`� rte' III i � s 7 RR-1A-One Family Rural Residential-5Acres —�— ' ��.^ �_, I% :-RIM. ` limn _ .. L, , i2. ►V 1 B1-Rama Sales ���'- _ _ i,���, di JRR-18-Ona Family Rural Res dentlal-2 Acres �r rrrr �-� r Y B2-Lakeshore Lakeshore Realdontial I ' `! {{ e:a RR-1H Ly.�� 1"�f z#0„._ �., �,. e , `11 "� Shopping � LR-1A-One Family Lakeshore Residential-2Acres - i'. L a•ar. �� r♦ _ P+ III ■rte B4-ORicelProfassionatPIj 0 i.• �,.B7e 1 A ■ 4 + ��1'�`��__ (___ LR-18-One Femly Lakeshore Resident al-1 Acre� .,+ `illis' • M., =wincr�'~� 't .rte �,`�ak> jr -t,t• B5-Umimd Neighborhood t ��,�i r �„,,„. ■ - .� a„ `rrl LR-1C-One Family Lakeshore Residential-112 Acre j- ; L,.'..,l. -.r-�. \.;. ! \. � �r��,iii�,ffi �.. .,,,. __ t�� �Y�;�� • :a -Highway Commercial I LR1G1-One Family Lakeshore Residential$ubdisMcl-12 Aero I rimin .,r , . l ,, rr i� '�� _ --- ..... , '►- •'.. •��rat� - S B-8 PUD-Highway Commercial PUD t? .� ; ;.,.�i , D Residential 1l — . iii �a� ;�rrfit �'' 'vol. aa. -- - r I - N11�;('+� Wi Ism , , i tlrtl<aas Cl :!! aldeI ` - - f.14.--,i 1014 54- 1 Acra� ►-,,, y; 4 R-1 B-One FamilyResidential-112 Acre iNni 1116111111CiLi:=i ;� rza '•► '' l'` +��!� -. t III � ��C Planned tinitoawtopman \11 . �.,r - >• RS-Seasonal ReaeetioneI f4----- 1111111114"”' - • -„ :-.zi �'k.��,� i 6 ' coal y _� 1tPUD-Residential Planned Urtlt Developmerx �i , - . `u tits dash gil ...11M1111111 J�, �,� �i�\ �_ I RR-1 B PUD N--.7", � v -t -A titt� .� r, �' , e• ��,P t N tial De er ment u i21:, r ii i�� i '/,� r, •I �. PRD-Planned Residan op j �' f 1 ` • I. ,7:7'-- -- r---- t t teFi s I�r ter! i �` i w t r ( ■- W �� ��� The Zoning Designations on this map area representation of a combination of maps, k' R R•19 '- J ,1 S N • `�«.In - Ni. r -1 `t V1' i.— E Other wdmanances and City Code requirements which make up the complete City Orono ill ' _-1 Parcel Hounds Zoningnations Infoand Zoningion de Planned on specific antis available at Cit Hao All � •K tiV _ �' .f `.:�-s �-�`, �, I ,� i t .�—' .^I A. I r::.,, �, ,`� I Bastion Boundary ZonhRegulations requirements and aonin designations ec"rfi[r Y !i■ - - L R! ■�■ I I — _�` Water Baty oda p ase w t e C p Gronr,Pia subtest to change ■� ',tit■ F iTi ■��.�t1 pi. 9 q 9 9 P properties are g81cnn, ^iglill4-:;;:::• ar IVO d P371 lir; _ - 'a'�! '. [� ,�l� Deaarmen, ,alaoar�c���.�ronom u o ca'.I{h52 tag-a,,2L �-- ba4•i_ ,3 city Boundary 73/47=1- -- - 1 4 • This map reflects all valid zoning amendments up to and Including Ordinance No 50, ._- Y-:.' ' Third Series,adopted May 11,2009. I. ---.-.--,,-.L,--,---,-. 4 • r .r 0 /� _ :11,:,,,,, h _ .,,„„L ?"..., sem 1 Data Sources:Zoning data created and maintained by City of Orono P{arnYg and Zoning Department. Parcel data - obtained from Hen Com TaxpayerDiivision ��_ ".`rv-,-,,f1 ��,: 1/ r tiL naPm h MoDCreabdtyBoneWaa tc. _ , • • dtt ... • INSET 1 ., ____ 4,..„.i. .. � c i' 9 A.Bridgewater Dr . .t Ira 1 _IY_flIBB 1i; -• , •Me IWbSBIA2)! I lf! f B.C.SenBoulder Dr i t .y , . r'•`"♦ D.S Sandstone onebay Dr p�EY • " - rV"se. 0.5 0.25 0 0.5 • a .1 1� i E.Cascade la ) 4 �i � i - ^( SC. r 's�"Al -:t _ Feet 111 I F Sandstone Ct ` _ 1 { �• �! '+` r ., G.Cobblestone C[ j _r tt --1-71--7- _ III 3000` 1$Q0� 0.. _ � jtit li INSET 2 I !I I 4.'Ga. //ill Fii r` C� :/� / 4 7 4' i i �, �r IYF; AVEC +, (. s.i, t�jl, 16 LR 1 _� j $ ��itif 1 -y/ { w{' e �- 1. + + ^� St1�?RF.LINF G�--pf z .i 1 II ^�^ , L_ . LR-1B • I 7 r,�• i 12N.Isa \ LRC% cc ✓ w _ , ••••• / /.4,1k:Nt6 • .\ I �� `;\ I I- MARCH 2011 iG•`1+9',i gMAP+.G15E Tft\cI"CJcctS-7Cr.c9 'i, mx(I '"""' JJIlIJIl IIIUIIII R PC Exhibit I Doc No 4395203 06/11/2007 04:30 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County,Minnesota Michael H.Cunniff,Registrar of Titles Transit)319880 Deputy 25 New cart Cert Fees 1205041 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $48.00 Total -'c kesNare- 4 amt/, C' rt CITY OF ORONO DRAFT 5-10-07 HENNEPIN COUNTY,MINNESOTA PLANNED UNIT DEVELOPMENT NO.2C AGREEMENT AND DEVELOPMENT CONTRACT AMBER WOODS OFFICE CENTRE LOTS 1-6,BLOCK 1,AMBER WOODS OFFICE CENTRE DEVELOPER: AMBER WOODS OFFICE CENTRE,LLC. OWNER: AMBER WOODS OFFICE CENTRE,LLC. THIS PLANNED UNIT DEVELOPMENT NO. 2C AGREEMENT AND PUD/DEVELOPMENT CONTRACT(collectively the"Agreement") is made and entered into this /et-day of Mei , 2007 by and between the CITY OF ORONO, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter the "City") and Amber Woods Office Centre, LLC, a limited liability company (hereinafter the "Developer"and the"Owner"). WITNESSETH: WHEREAS,the Developer has made application to the City Council for approval of a Planned Unit Development (PUD) zoning application including subdivision to create five (5) building lots and one (1)common lot on one block to be known as AMBER WOODS OFFICE CENTRE;commercial site plan review; and easement vacations for the purpose of developing approximately 34,00 s.f.of office condominiums;and WHEREAS, on March 12, 2007 the City Council granted Concept Plan approval for development of the proposed office condominiums per Resolution No. 5585, on the conditions that the Developer fulfill the obligations of the approved Concept Plan Resolution and enter into this Agreement to provide for conformance with the City's Planned Unit Development (PUD) ordinances and to provide for the installation and maintenance of site improvements;and on May 14, 2007 the City Council granted General Development Plan Approval per the findings and conditions of Resolution No. 1'I 3. NOW,THEREFORE,in consideration of the premises,and of the actual promises and conditions hereinafter contained,it is hereby agreed as follows: 1. Property Description. This Agreement shall apply only to the following described property located in Hennepin County,Minnesota: Lots 1.6,Block 1,AMBER WOODS OFFICE CENTRE (hereinafter the"Property") 2. Zoning.The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. Developer Initial ` City Clerk Initial Pere I of 9 • r - I 3. Permitted Uses. Within Lots 1-5 approximately 34,000 s.f. of office condominiums consisting of 5 duplex style walk-out buildings are permitted with surface parking at the main level within Lot 6 as depicted in the site plan and preliminary building plans and elevations. The permitted use of the office condominium buildings is general office uses which may include business and professional offices of a general nature,and may include a clinic for human care on an outpatient basis only. Retail uses accessory to the office use may be allowed with the limitation that within any building, retail uses shall not exceed 5%of the gross floor area of that building. Other uses shall not be allowed except by amendment of this PUD Agreement. No accessory structures are permitted within Lots 1 —5. Within Lot 6 the only accessory structures allowed shall include:a)Trash enclosures,constructed of materials comparable to and compatible with those of the building to be constructed within Lots 1-5; and b) Monument identification signs per the approved plans. No other accessory structures are permitted except by amendment of this Agreement 4. Site Access. Primary access for internal circulation for the Property from Highway 12 shall be via a right-in/right-out driveway access directly to Highway 12 shared with the Orono Senior Housing development, Planned Unit Development No. 2(PUD No. 2), to the direct east. Surface parking and drive aisles will be provided along the southern and western ends of the Property at the main floor level of the buildings. A secondary access to Highway 12 is provided via access agreements to be granted through the surface parking lot within the Orono Senior Housing site to the east(Lot 2, Block 1,Orono Amber),which were required with approval of PUD No.2,allowing for a connection to Brown Road South and ultimately a future stoplight at Brown Road South and existing Highway 12. Such agreements will be granted by the City of Orono Housing&Redevelopment Authority,which owns said Lot 2,Orono Amber. The parking lot and driving lanes within the Property are additionally designed to allow for future vehicular connections 1)at the northwestern corner of the Property for a future frontage mad to Oudot D, Sugarwoods; and 2) to the adjacent parcel at 2120 West Wayzata Boulevard(PINS No. 34-118-23 24 0001). The Developer shall enter into cross ingress and egress agreements with the City,the Orono Senior Housing development,and the City of Orono Housing and Redevelopment Authority. The easement agreements will be required as part of the final plat to allow for public vehicular use of new and existing parking lot connections between the properties and to provide for new connections should they be developed at some future date. 5. Development Plans. The Property shall be developed in accordance with final plans(the "Plans") which shall first be certified by the City Planning Director as being in conformity with the approved plans described below and with the provisions of this Agreement. The Plans shall not be attached to this Agreement. The Plans are: Developer Initial& City Clerk Initial k Page 2 of 9 • • A. Final Plat B. Cover sheet CO-1 dated 4-2-07 C. Existing Conditions sheet Cl-1 dated 4-2-07 D. Removals&Erosion Control Plan sheet Cl-2 dated 4-2-07 E. Site Plan sheet C2-1 dated 4-2-07 F. Grading&Drainage Plan West sheet C3-1 dated 4-2-07 G. Gradin rai g/D nagelSWPPP Plan East(pond revisions)sheet C3-2 dated 4-2-07 H. Stormwater Pollution Prevention Plan SWPPP sheet C3-3 dated 4-2-07 1. Utility Plan sheet C4-1 dated 4-18-07 J. Sanitary Sewer Plan and Profile sheet C4-2 dated 4-13-07 K. Detail Sheet C8-1 dated 4-18-07 L. Landscape Plan sheet L1-1 dated 4.13-07 M. Lighting Plan sheet L2-1 (undated) N. Monument Sign Plan sheet dated 1-15-07 O. Dumpster Enclosure Plan sheet dated 1-12-07 P. Retaining Wall Plan sheets 1 thru 10 by Civil Solutions Group LLC dated 3-30-07 Q. Building Plans Cover sheet TS-1 R. Lower Walkout Level Floor Plan sheet A-1 S. Main Level Floor Plan sheet A-2 T. Loft Level Plan sheet A-3 U. Front Elevation sheet A-4 V. Walk-Out Elevation sheet A-5 W. Side Elevation sheet A-6 X. Side Elevation sheet A-7 The Plans are subject to any additional requirements of the Minnehaha Creek Watershed District(MCWD);the Minnesota Department of Transportation(MnDOT)and subject to any additional requirements and conditions specified by the City Engineer upon review of the Plans. ConstructLin of the buildings shall be in conformance with the building codes and regulations adopted by the City. Any substantial changes to the gross square footage, footprint/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. Developer Initial City Clerk Initial Page 3 of 9 ' 6. Improvements: In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this Agreement: A. Site grading, roadways and driveways, curb and gutter, parking lots, sidewalks, retaining walls and all necessary erosion control measures per the approved Grading and Drainage Plans(hereinafter called"site grading improvements"); B. Construction of sanitary sewer and water connections, and construction of storm sewer lines and facilities as required (hereinafter called "stormwater improvements") per the Utility Plan referenced herein. A drainage and utility easement shall be dedicated over entire Lot 6 as part of the final plat. C. Underground natural gas,electric, cable and telephone service to be arranged by the Developer with the utility companies involved (hereinafter called the "other utility improvements"); D. Landscaping and site revegetation improvements per the approved Landscape Plan referenced herein(hereinafter called"landscaping improvements"). E. Traffic control signage subject to approval by the City Engineer and Public Services Director. F. Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit A(the"Estimate"). 7. Construction of Improvements A. Commencement Date—Construction of Improvements shall begin no later than All,Jes '30I 2.007 . B. Completion Date — All Improvements shall be completed no later than .�1 KU f 'so, 2001 (2 years after start date). The Developer may, however,request an extension of time from the City. If an extension is granted,it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. C. Contractors — The Developer shall select, retain and supervise the contractor(s) responsible for construction of the Improvements. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of each such contractor. Where required by City ordinance,the contractor shall first obtain a license from the City. D. Pre-Construction Conference — Prior to the start of any construction, the Developer and the developer's contractor shall meet with the responsible City officials to review construction plans and schedules. /' Developer Initial Lz City Clerk Initial Page 4 of 9 . • • E. Permits— Prior to the start of any construction, the developer's contractor shall apply for and receive all necessary permits for the Improvements from the City and/or government agencies having jurisdiction. Site grading shall not commence until a land alteration permit has been issued. Developer is advised that an erosion control permit must be obtained from the Minnehaha Creek Watershed District as well as the required NPDFS construction site permit, before commencing any grading activity on the site. F. Construction—The construction,installation and materials shall be in accordance with the Plans approved by the City. G. Inspection — The City, through its staff and/or consultants, shall inspect the installation of the Improvements to ensure compliance with the Plans. The cost of such inspections will be paid by the Developer and arc anticipated to be approximately$5,000.00 to $10,000.00 but could exceed these amounts if major problems arise.An escrow account in the amount of$15,000 to cover the costs of inspection shall be established with the City by the Developer. H. Nuance—The Developer will cause each person who constructs and installs any portion of the Improvements to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage (with covera$es consistent with industry standards). 8. Performance Security. For the purposes of assuring to the City that the Improvements will be completed according to the terms of this Agreement,and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or its general contractor will deposit with the City prior to issuance of site grading and building permits an Irrevocable letter of credit(LOC)from a local(Twin Cities area)financial institution in a form satisfactory to the City,providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section seven (7) above. Further, if the required improvements are not completed at least thirty (30) days prior to the expiration of the LOC,the City may also draw on the LOC. If the security is drawn down, the draw shall be used to cure the default. The amount of the LOC shall be 150% of the estimated improvement costs. The estimated improvement cost is $713,723.75; therefore, the LOC amount shall be $1,070,585.63. As substantial elements of the Improvements are completed and approved by the City Engineer, the City will authorize reduction of the LOC in an amount equal to 150%of the cost estimate for that phase of the improvements deemed complete,but in no case shall the LOC be reduced to a point less than 10%of the original amount until all Improvements are complete and accepted by the City. The LOC shall expire no sooner than one year after the completion date specified in Section 7 above, to allow for at least one freeze-thaw cycle for parking lot settlement. Security to ensure survival of landscaping vegetation shall be retained for eighteen (18) months after planting. Developer Initial ' City Clerk Initial Page 5 of 9 9. Fees and Expenses. The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals,which are not covered by City application fees. 10. Notice. Required notices to the Developer and the Owner shall be in writing, and shall be either hand delivered to the Developer, the Owner, their employees or agents, or mailed to the Developer and the Owner by registered mail at the following addresses: Notice to Developer Nice to Owner Amber Woods Office Centre, LLC Amber Woods Office Centre,LLC Philip Carlson Philip Carlson P.O.Box I84 P.O. Box 184 Wayzata,MN 55391 Wayzata,MN 55391 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Orono City Offices, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay,Minnesota 55323,Telephone 952-249-4600. 1 I. Additional Conditions A. Turning radiuses of fire apparatus access roads on the Property shall be designed subject to approval of the City Engineer and Orono Fire Marshal. B. Fire lanes will be marked with the appropriate street signage and yellow curbing. Orono Fire Marshal will determine fire lanes upon review of the Plans and final access routes and at that point determine exact placement of signs and yellow curbing. C. The walk-out elevations of the buildings shall be as set out in Document C3-1 of the construction documents dated March 20, 2007 unless modified with the approval of the City Engineer. D. Storm sewer facilities which lie outside of public right-of-way shall be privately owned and maintained by the Developer until the end of the period of Developer control of the association at which time they will be maintained by the Amber Woods Office Center Association. E. All sanitary sewer and water connection lines within the Property shall be owned and maintained by the Developer until the end of the period of Developer control of the association at which time they will be maintained by the Amber Woods Office Center Association. Developer Initial ? 4! City Clerk Initial 1.rr Page 6 of 9 — F. No site work or construction shall commence until the Developer has paid the Storm Water and Drainage Trunk Fee as established in Concept Plan Resolution 5585. The MCES Sewer Availability Charges(SAC)are the responsibility of the Developer and shall be paid to the City at the time of building permit issuance for pass-through to MCES. G. The Developer shall be responsible for obtaining the necessary permits from the regulatory agencies such as the Minnesota Department of Health,MCES,Minnehaha Creek Watershed District,Minnesota DNR,MPCA,and MnDOT. H. The Developer shall report to the City Engineer the location of any drain tiles found during construction. The Developer will comply with the City Engineer's direction as far as abandonment or relocation of the drain tile. I. The Developer shall provide the City with a detailed haul route for review and approval for all material imported or exported from the Property. if the material is to be imported or exported to/from another site in Orono, it should be noted that those other parcels will be required to obtain a land alteration permit, and potentially a conditional use permit from the City. J. The Developer shall obtain a temporary construction easement from and establish permanent maintenance agreements with the owner of the property directly west at 2120 Wayzata Boulevard for construction and maintenance of the necessary retaining walls. 12. General Conditions. The general conditions of this Agreement are documented in City Council Resolution No.013 adopted by the City Council on May 14, 2007,which is incorporated herein by reference. Additional conditions of approval are attached hereto as Exhibit B. Developer'Initial 6' City Clerk Initial , Page 7 of 9 • IN WITNESS WHEREOF,the City,the Developer,and the Owner have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO By: �ltcl By: 4g.lot-, ,G.Ute-." (City Clerk) DEVELOPER-Amber Woods • ; ce Centre,LLC di,AL By: • Its: �j e G. /•Chief Manager OWNER-Amberr oods 0 i IA •ntre,LLC B rte"':i` I Er // Its: _ $ P� Chief Manager Reviewed for Administration: yDate: SV/-07 By,11442"L.1,` -41.1111/ ,r .-.Appr By: (City Adm' i: strator This instrument was drafted by: City of Orono 2750 Kelley Parkway PA.Box 66 Crystal Bay,MN 55356 STATE OF MINNESOTA /� Developer Initial (/ City Clerk Initial Page 8 of 9 COUNTY OF HENNEPIN `h The foregoing instrument was acknowledged before me on this Weil of ` ,4J 2007 by James M. White,Mayor of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. , ; DODGE IP-. NOTARY PUBLIC-MINNESOTA GW - C-L ,lit: NI ,�Inet Jas . Notary Pubic STATE OF MINNESOTA COUNTY OF HENNEPIN sh The foregoing instrument was acknowledged before me on this!day of May 2007 by Linda S.Yee,City Clerk of the City of Orono,a Minnesota municipal corporation end said instrument was executed on behalf of the City. RACHEL DODGE air Couniala epos be.r:a ' Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ►S i4ay of Am y ,2007,by Philip Carlson,Chief Manager,Amber Woods Office Centre,LW,a Limited Liability Corporation,on behalf of Amber Woods Office Center,LLC. LINDA S. A ,/ M;iw�' VEE ,/t( Y�Gt� ,N., NdtARYPUBLIC• to No Public _, IN eternike J.rt.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this/4day of ,2007,by Philip Carlson,Chief Manager,Amber Woods Office Centre,LW,a Limited Liability Corporation,on behalf of Amber Woods Office Centre,LLC. LINDA S.VEE is'e'" i. (/?..0t� 7' ... NOTARY PLUM-STA Notary Public af ComroNskin Wm Jea,31.2010 .... ,A Developer Initial City Clerk Initial ,1 Page 909 MORTGAGE HOLDER CONSENT TO PLANNED UNIT DEVELOPMENT NO. 2C AGREEMENT AND DEVELOPMENT CONTRACT FIRST COMMERCIAL BANK,a 1 PusoCo"p" 4 ,which holds a mortgage on the subject property, the development of which is governed by the foregoing Planned Unit Development Agreement and Development Contract, agrees that the Planned Unit Development Agreement and Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated: 2�{ ,2007. FIRST COMIVIERCIAL BANK BY: , Its - 1 AND Its v,L•, f rrs+40.4 nkoiv, STATE OF MINNESOTA } ,` COUNTY OF b t.pI r1 } COMMIIIKINONIN WOW The foregoing instrument was acknowledged before me this 21.0" day of MA 2007, by Bremtler( k . Me.i arc and Brio." 17. walv.,rc the Prslid4Av►f *4 CEO _ and vi PvJi }- of FIRST COMMERCIAL BANK,a rim.nip..4.#4a e-or Qnr sak:on ,,on its behalf. NOT443LIC DRAFTED BY: Cononiu.*army Prosam ddissoalrutor 317 EaRendele Moe Caner 1380 Commie Coater Carve Eepn,Minneama 55121 Telephone(65I)452-5000 SRN 131826v01 ORONO/Amber Woods Office Centre 8104:05/2 U2007 PUD NO.2C AGREEMENT AND DEVELOPMENT CONTRACT • EXHIBIT A-SITE IMPROVEMENTS COST ESTIMATE 3128!2007 Amber Woods Office Center Plat 073250 Cost Estimate for Financial Guarantee(150%) Sanitary Sewer improvements Units Qty $IUnit Total Mobilization LS 1 1 5,000.00 $5,000.00 Traffic Control LS 1 $ 1,000.00 51,000.00 Conned to Existing 8"Sanitary Sewer EA 1 $ 2,500.00 52,500.00 8"PVC Sanitary Sewer LF 360 $ 30.00 $10,800.00 8"X 8'Wye EA 5 $ 100.00 $500.00 4'DIanteter Sanitary Sewer Manhole EA 4 $ 2,000,00 58,000.00 4'Diameter Sanitary Sewer Manhole Overdepth LF 22 $ 100.00 $2,200.00 Improved Pipe Foundation LF 400 $ 1.00 $400.00 Estimated Corrst,uclion Cost . • $30,400.00 Water Main improvements Units Qty $!Unit Total Remove Existing Watermain Pipe LF 200 5 8.00 .51,200.00, 'Remove Hydrant EA 2 $ 600.00 $1,200.00' Connect to Existing Water Main EA 2 $ 2,500.00 $5,000.00 8"DIP Water Main LF 760 $ 40.00 $30,400.00 8"DIP Water Main LF 85 $ 30.00 52,550.00 8"Fittings EA 15 5 250.00 $3,750,00 Insulation SY 10 $ 10,00 5100.00 Hydrant EA 3 $ 2,600.00 $7,800.00 8"Gv and Box EA 2 $ 1,300,00 $2,800.00 8'Civ and Box EA 3 $ 1,200.00 53,800.00 Estimated Construction Cost $57,900.00 Services improvements Unite Qui $IUnit Total 8"PVC,Service Pipe LF 355 $ 22.00 $7,810.00 1.5 inch copper service - LF 305 $ 18.00 $4,080.00 1.8 inch corp EA 5 $ 200.00 51,000.00 1.5 inch curb stop • EA 5 $ 250.00 $1,250.00 Estimated Construction Cost $14,940.00 • Storm Sewer Unit Qty 3/Unit Total Remove Erdsling Storm Sewer Pipe LF 15 $ 7.00 $105.00 Connect to Erdsting Structure EA 1 $ 1,500.00 $1,500.00 15"Storm Sewer L 1,183 5 30.00 $35,460.00 2'x 3'Catch Basin EA 2 $ 1,500,00 • $3,000.00 48"Catch Basin/Manhole EA 15 $ 2,000.00 $30,000.00 Estimated Construction Cost $70,095.00 Parking Lot l Grading/Landscaping Unit! Qty VUnit Total Remove Retaining Walls LF 836 $ 7.00 $3,745.00 Remove Curb and Gutter LF 30 $ 5.00 $150.00 pmd'mg 1.8 1 $175,000.00 $175,000.00 Retaining Wad SF 8,000 $ 25.00 $150,000,00 Fence LF 810 $ 20.00 518,200.00 Subgrede Preparation SY 4.135 $ 1.75 $7,235.25 Aggregate Base,Class 5100%Crushed-8"(CV) TN 2,100 $ 14.00 $29,400.00 Concrete Curb and Gutter B818 LF 1.840 $ 11.00 $15,040.00 Snumountable Curb and Gutter LF 44 $ 10.00 $440.00 Bituminous Base Course-r TN 505 $ 50.00 $29,250.00 Bituminous Wear Course,•1 1/2" TN 378 $ 55.00 320,790.00 Bituminous Materiel For Tadc Coat GAL 210 $ 2.00 $420.00 Concrete Sidewalk SF 7,718 $ 4.60 $34,717.50 Sbiping LS 1 $ 3,500.00 $3.600.00 Singage ' LS i $ 500.00 $500.00 Landscaping LS 1 $ 46,000.00 946,000.00 Temp Erosion Control L8 1 $ 10.000.00 $10,000.00 Estimated Construction Cost $540,388.75 .Summery Of Improvements Senitsry Sewer $30,400.00 Water Main $57,900.00 Services $14,640.00 Storm Sewer $70,095.00 Parking Lot/Grading/Landecapiing $540,388.76 Total Estimate Construction Cost $719, .75 50% $355,801.88 Total for Financial Guarantee • $1,070,688.83 • PUD NO.2C AGREEMENT AND DEVELOPMENT CONTRACT EXHIBIT B Additional Terms and Conditions 1. The Improvements include the items listed within PUD NO. 2C AGREEMENT AND DEVELOPMENT CONTRACT and as enumerated in Exhibit A of said CONTRACT. 2. The Improvements shall be constructed in accordance with the approved construction plans as stated in the CONTRACT,and with the pertinent conditions of approval within the General Development Plan and Final Plat Approval Resolution (Resolution No. She ) adopted by the City Council on )tn'i Iy ,2007. 3. All construction traffic related to development of the Amber Woods Office Centre shall be routed directly to Highway 12 through the approved direct access location at the southwest corner of the Senior Housing site, or through the adjacent commercial site to the west if allowed by that owner. Use of the Senior Housing access to Brown Road shall be avoided for all construction traffic. 4. Construction and contractor parking,materials storage, etc. shall not occur on the Senior Housing site. 5. Developer shall take all due precaution to avoid construction activity encroaching into the adjoining residential property abutting the north boundary of the site. 6. No land alterations shall take place until erosion control is established and the City Engineer has approved all final improvement plans. No building permits shall be issued until all drainage facilities and improvements have been installed and satisfactory parking lot & driveway base (including base and initial lift of bituminous)has been installed,and approved by the City. 7. All buildings on the Property shall be constructed according to final plans which shall first be certified by the Planning Director as being in conformity with the approved plans. S. Developer shall provide the City Engineer with two (2) full-size sets, and shall provide the City with 2 full-size sets and one set reduced to l 1"x 17",of final site improvement plans,two weeks prior to commencement of land alteration activity. 74:10:4 Q V t r, ; CITY of ORONO ,r I ; ��i' RESOLUTION OF THE CITYUNCIL < � NO. J G 1 A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO.2C FOR AMBER WOODS OFFICE CENTRE LLC AND APPROVING THE FINAL PLAT OF AMBER WOODS OFFICE CENTRE AND VACATING EXISTING DRAINAGE&UTILITY EASEMENTS FILE#07-3250 WHEREAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota;and WHEREAS,the City Council of the City of Orono (hereinafter"City Council") has adopted subdivision and land development regulations for the orderly. economic and safe development of land within the City;and WHEREAS, the City Council has considered the application by Amber Woods Office Center LLC, a Minnesota corporation, (hereinafter the "Applicant") for subdivision and development by the Planned Unit Development process of property located at 2060 Wayzata Boulevard West and legally described as follows: Lot 1,Block 1,Orono Anibar,Hennepin County,Minnesota (hereinafter the"Property");and VVHEREAS, on March 12, 2007 the City Council adopted Resolution No. 5585- granting General Concept Plan Approval for Planned Unit Development No. 2C, and on March. 26, 2007 the City Council adopted Resolution No. 5592 granting Preliminary Plat Approval for the plat of Amber Woods Office Centre,which approvals include the following elements: I. Subdivision platting of Lot I, Block 1, Orono Ambar to create five (5)building lots and one (1) common lot to be known as AMBER WOODS OFFICE CENTRE; 2. Commercial site plan approval and conditions for proposed development of office condominiums; 3. Vacation of existing easements;and 1 01.°% CITY of ORONO { 1. G'. RESOLUTION OF THE CITY COUNCIL No. 5 61 3 . WHEREAS,the Applicant has agreed to execute Planned Unit Development No. 2C Agreement and Development Contract providing for the installation of certain improvements as a condition of site plan approval for the construction of office condominiums on the Property, and which agreement documents the general and detailed conditions for use and development of the Property and replaces previously approved PUD Agreement No 2A;and WHEREAS, the Applicant has agreed to execute cross ingress and egress easements through the Property and through the adjacent Orono Senior Housing property with the City of Orono Housing and Redevelopment Authority, to allow for future vehicular connections at the northwestern corner of the Property for a future frontage road to Oudot D, Sugarwoods,and to the adjacent parcel at 2120 Wayzata Boulevard West;and WHEREAS, the Applicant has completed or has agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Concept Plan Approval Resolution No. 5585. 2. Dedication on the plat of a Drainage and Utility Easement over entire Lot 6 (otherwise known as the common lot). 3. Submittal of Minnehaha Creek Watershed District(MCWD)permit approving the grading and stoanwater management facilities plan for development of the Property as proposed per the "Removal Plan", sheet C1-2; the "Grading & Drainage Plan West",sheet C3-1;the"Grading, Drainage&SWPP Plan(East)", sheet C3-2; the Storm Water Pollution Prevention Plan, Sheet C3-3; and the "Utility Plan* shed 4-1; all subject to review and final approval by the City Engineer. 4. Payment to the City of the Stormwater and Drainage Trunk Fee for the development of the Property in the amount of S19,302.84 based on a Trunk Fee of $7,320 per acre and gross acreage of Property at 114,868 s.£ or 2.637 acres including portions subject to trail and sidewalk easements. 5. Payment to the City for the legal review and filing of the plat documents, agreements, easements and covenants in the amount of$280.00 plus incurred review and filing costs. 6. Payment of the final plat review fee in the amount of 5250.00 plus incurred legal and engineering charges. 2 CITY of ORONO k . A,,.i;. b"'� NO.RESOLUTION OF E CITY COUNCIL $ 6i3 [ 7. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. WHEREAS,City staff and consultants have reviewed the plans for this PUD and subdivision application and hereby specify approval of each attached plan and identify them as i► part of the official record for Planned Unit Development No.2C: A. Final Plat B. Cover sheet CO-1 dated 4-2-07 C, Existing Conditions sheet Cl-1 dated 4-2-07 D. Removals&Erosion Control Plan sheet C1-2 dated 4-2-07 E. Site Plan sheet C2-1 dated 4-2-07 F. Grading&Drainage Plan West sheet C3-1 dated 4-2-07 G. Grading/Drainage/SWPPP Plan East(pond revisions)sheet C3-2 dated 4-2-07 H. Stormwater Pollution Prevention Plan SWPPP sheet C3-3 dated 4.2-07 I. Utility Plan sheet C4.1 dated 4-18-07 J. Sanitary Sewer Plan and Profile sheet C4-2 dated 4-13-07 K. Detail Sheet C8-1 dated 4-18-07 L. Landscape Plan sheet L1-1 dated 4.13-07 M. Lighting Plan sheet L2-1(undated) N. Monument Sign Plan sheet dated 1-15-07 0. Dutnpster Enclosure Plan sheet dated 1-12-07 P. Retaining Wall Plan sheets 1 thru 10 by Civil Solutions Group LLC dated 3-30-07 Q. Building Plans Cover sheet TS-1 It. Lower Walkout Level Floor Plan sheet A-1 S. Main Level Floor Plan shut A-2 T. Loft Level Plan sheet A-3 U. Front Elevation sheet A-4 V. Walk-Out Elevation sheet A-5 W. Side Elevation sheet A-6 X. Side Elevation sheet A-7 3 o , o � ., 5r CITY of ORONO }f.e. -,:-v- vfl. RESOLUTION OF THE CITY COUNCIL • -4-04'v NO. 561.3 NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 5585 and Resolution No. 5592, the City Council of the City of Orono does hereby approve the plat of AMBER WOODS OFFICE CENTRE,Hennepin County,Minnesota and grants General Development Plan Approval for Planned Unit Development No. 2C, subject to the following conditions: I. General Development Plan Approval and Final Plat approval and Commercial Site Plan approval is granted subject to ponditions established within Resolutions No. 5585 and 5592, and subject to the conditions established within the Planned Unit Development No. 2C Agreement and Development Contract and other pertinent documents. 2. Final building design plans for the buildings shall be subject to City Council review and approval prior to issuance of permits for said buildings should the Planning Director find that there are discrepancies between those attached to this Resolution and those submitted for building permit. Building permits and land alteration permits will not be issued any sooner than 24 hours following filing of the plat with Hennepin County. 3. The aforesaid plat shall be filed with the Hennepin County Registrar of Titles Office on or before November 14,2007 together with a certified original copy of this resolution and executed copies of the agreements, easements,and covenants pertinent thereto. FURTHER,BE IT RESOLVED that the City Council hereby declares that the easements dedicated over the Property in accordance with development of Lot 2,Block 1, Orono Amber, Hennepin County, Minnesota, shall be vacated upon filing of this Resolution and Developer's Agreement No.2C with the Hennepin County Registrar of Titles Office. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. 4 o . o CITY of ORONO te, 0 RESOLUTION OF THE CITY COUNCIL t AO.Adopted by the City Council of Orono this 14th day of May,2007. ATTEST: , ima-se (%agitt6 Linda S.Vee,City Clerk Jam • M. White,Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this jecillay of 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation d said instrument was executed on behalf of the City. r _ ti RACHEL DODGE ,b NOTARY Plate- A 0C NrOnmieaimEgirea,lin 31.2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN 7441 The foregoing instrument was acknowledged before me on this( day of 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation d said instrument was executed on behalf of the City. -. t , RACHEL DODGE ZrA N. NOThYPUBUC.hA �O TA 1 CrawasictifxPiaJan.31.2010 Notary Public S 1 ATTACHMENT: APPROVED DEVELOPMENT PLANS A. Final Plat B. Cover sheet CO-1 dated 42-07 C. Existing Conditions sheet Cl-1 dated 4-2-07 D. Removals&Erosion Control Plan sheet Cl-2 dated 4-2-07 E. Site Plan sheet C2-I dated 4-2-07 F. Grading&Drainage Plan West sheet C3-1 dated 4-2-07 G. Grading/Drainage/SWPPP Plan East(pond revisions)sheet C3-2 dated 4-2-07 H. Storm Water Pollution Prevention Plan SWPPP sheet C3-3 dated 4-2-07 L Utility Plan sheet C4-1 dated 4-18-07 3. Sanitary Sewer Plan and Profile sheet C4-2 dated 4-13-07 K Detail Sheet C8-I dated 4-18-07 L. Landscape Plan sheet L1-1 dated 4-13-07 M. Lighting Plan sheet L2-I(undated) N. Monument Sign Plan sheet dated 1-15-07 0. Durnpster Enclosure Plan sheet dated 1-12-07 P. Retaining Wall Plan sheets 1 thru 10 by Civil Solutions Group LLC dated 3-30-07 Q. Building Plans Cover sheet TS-1 IL Lower Walkout Level Floor Plan sheet A-I S. Main Level Floor Plan sheet A-2 T. Loft Level Plan sheet A-3 U. Front Elevation sheet A-4 V. Walk-Out Elevation sheet A-5 W. Side Elevation sheet A-6 X. Side Elevation sheet A-7 . . r-. _ ---- ---- A O p. • 1 Na miserymaw if iti 12 I il ct. 1 a _4 C f i X 11 II "u** *1- - % * I ,' 4r . _ , _ __ .,, , - , !jY . 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A, it, - / - • L 1 -' " �,L 34118-23-12 ..34118-23-22 - �'"'' -Rs I ] a --4), ., -Ai -- 1 . • i . 34118-23-2s34 3.,g4 ,� 34-118-23-13 -h f 0. r f F si- 4 - - - A I 34-118.43-24 I3 34118-23-13 • 34-118-23-23 c -- - _ } c S I Y Buffer Size: 350 feet 0 120 240 480 ft Map Comments: lrriliiil 3210037 CBS MRECEiVEDF CBS MN PROPERTIES LLC or more information contact: 2060 Wayzata Boulevard West Hennepin County GIS Office Orono,MN ,,, 300 6th Street South 55356 JAN 1 7 201Minneapolis, gisinfo�he MN 5i 87 CITY OF ORONO # 3R9 Item 4 Date Application Received: 01/17/17 OA, Date Application Considered as Complete:01/17/17 !VO 60-Day Review Period Expires: 03/18/17 To: Chair Thiesse and Planning Commission Members 110111111'‘ 7: Jessica Loftus, City Administrator �kESHO�� From: Melanie Curtis, Planner 6'1GO Date: 21 February 2017 Subject: #17-3900, Scott Kirchner, 1090 Heritage Lane Lot Area Variance Public Hearing Application Summary: The applicant is requesting a lot area variance. Staff Recommendation: Planning Department Staff recommends approval. Background The existing lot of record is substandard in area for the LR-1A district where it is located. The lot was created in 1965 as part of the Foxhill neighborhood which predates the creation of the 2- acre minimum requirement. The lot is currently 0.98 acre in area. Additionally,the applicant has made an application for a subdivision exemption for an administrative lot line rearrangement between the subject property and the Nelson property at 1780 Shoreline Drive.The proposed lot line adjustment would increase the size of the subject property, but not meeting the requirement of the district. Therefore,the lot area variance is needed in order to process the subdivision exemption. LOT ANALYSIS WORKSHEET Section 78-305-Setbacks: LR-1A Required Front 50' Rear 50' Side 30' Side 30' Wetland 35' Section 78-305-Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' 42,688 s.f. (0.98 acre)Current Actual 295 46,609 s.f. (1.07 acres) Proposed FILE#17-3900 21 Feb 2017 Page 2 of 4 Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 42,688 s.f. (0.98 acre)Current 46,609 s.f. (1.07 acres) Proposed Allowed (based on proposed lot area): 6,991 s.f. (15%) Section 78-1700-Hardcover Calculations: Stormwater Overlay Total Area in Zone Allowed Hardcover* Existing Hardcover District Tier 42,688 s.f. Current 16,313 s.f. 0 s.f. Tier 3 46,609 s.f. Proposed (35%) (0%) *Based on proposed lot area Applicable Regulations: Lot Area Variance (Section 78-303) The property has 0.98 acre in area and is substandard for the LR-1A(2-acre)district where it is located. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The lot area variance requested is consistent with the general intent of the Ordinance. The size of the property is generally consistent with the other properties in the Foxhill neighborhood.The variances are in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The variance allows the redevelopment of the single family lot, this use is consistent with the comprehensive plan. The variance allows the nonconforming nature of the lot to decrease. 3. The applicant establishes that there are practical difficulties. FILE#17-3900 21 Feb 2017 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner wishes to develop the property with a single family home in the future.They have also requested a lot line adjustment via an administrative subdivision exemption in order to increase the area of the lot by approximately 3,900 square feet. To qualify for the subdivision exemption the lot area variance must be granted. b. There are circumstances unique to the property not created by the landowner; the property owner did not create the substandard lot size; and c. The variance will not alter the essential character of the locality. The proposed variance will not alter the character of the neighborhood as most of the Foxhill properties are similar in size. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as the use for a residence is an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The nonconforming lot area of the property are not uncommon in the surrounding neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The lot area is generally in line with the neighboring properties with respect to size. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance will not adversely impact health,safety,comfort,or morals;nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size of the property coupled with the 2-acre district setbacks create practical difficulties affecting the subject property; the variance is necessary and not merely serve as a convenience to the owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE#17-3900 21 Feb 2017 Page 4 of 4 Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that there are demonstrable practical difficulties supporting the lot area variance. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey Exhibit D. Aerial Photos Exhibit E. Code Sections Exhibit F. Property Owners List Exhibit G. Plat Map PC Exhibit A #17-3900 City of Orono Variance Application Street Address Application a / 7- 3 o ZJ 2750 Kelley Parkvny ''‘!L.0.4) ooraro was Date Received: /-/ --/ T,.* = t 052.2494600 Staff: M C.... fax 652,240.4816 Fee: 70-0 '� Wing Address: Esaow#&$ 70a P.Q.Bac tib y�l %` �Boy,MN 553x1.0066 Penmit Fee �K 5H0Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will 1>g be placed on Planning Commission Agenda SITE LOCATION: tiDi 0 t1U; Ate Lane, Ofend DESCRPTION OF REQUEST: LAA tike 11414.0trotter as 41%04n inn a r,>`rrOvultititekS a«dli f+ p . (attached add'hional sheets as necessary) APPLICANT 1 AGENT i ATION: Applicant Name: ../1,40 it Kik.11t1� Phone(Primary): 4 •43 7- '1(14 c Applicant Email: .:r_,� 1 -r•, Address: 19171 4 I r city: toe (rrhNe ZIP: c'c 311 Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: O check here if property owner is same as applicant Name: itcoiryo) A. 14p X:A Phone(Primary): /,2,2 2-3 7, t'o G'$ Mailing Address: Ile I FerryAVG S City:way?-444 ZIP: rs391 Erna: RAY.14,4147 P. . do 04 APPLICANT/ADEM AND/OR OWNER: • Agree to provide all Information required or requested by the Planning Department, • Agreerof10 p y addW &onfts(staf time not covered in the original fee payment)and/or consultant expenses incurred in revie• Certify that the sdometion supplied Is true and correct to the best of hismsr knowledge. The applicant and owner recognize that they em solely responsible for submitting a complete application being aware that upon mum to do so,the staff has no alteruativs but to reject It until It is complete or to recommend the request for denial of the request regardless of at potential merit • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby admowlsdoes and egress to this application and further authorizes reasonable entry onto the property by City Staff.consultants,agents,Commission end Coundi Members for purposes of investigation and verification of this • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings the PlennIng Commission and Council. If an appilcant antler owner is unable to attend a sdwdubd meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your pest. ApplicantlAgent Signature: t • _•-=� Date: I-H-17 Applicant/Agent Signature: Date: IL,/t'" 1-14 Property Owner Signature: Date: Property Owner Signature: Date: Variance Application—May 2016 Page 2 RECEIVED JAN 1 77017 3900 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2. "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data,but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04(see following page)to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last Address fitcctc' brdr-e Mn/ 4-C3!I c2-- 1,37- t65 City State Zip Phone i understand my rights as stated above. Signature RECEIVED Variance Application—May 2016 Page 10 JAN 1 3 9 00 CITY OF ORONO PC Exhibit B #17-3900 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The prope_ y owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 3. "The variance, if granted, will not alter the essential character of the locality.' 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd.2,when in harmony with this Chapter." Pk 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." Aft RECEIVED Variance Application—May 2016 Page 4 JAN 1 7 2017 '*# 3 9 00 CITY OF ORONO 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." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." lY j n 11. "The granting of the proposed variance will not in any way impair health,safety,comfort,morals, or in any other respect be contrary to the intent of the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): 6.e LI\Pd 5-tQt1,'►eAA.. RECEIVED Variance Application--May 2016 Page 5 JAN 1 7 ? 117 121 3 9 00 CITY OF ORONO PRACTICAL DIFFICULTIES DOCUMENTATION In accordance with Minnesota State Statute 462.357,subdivision 6(2),the following is a detailed description of the demonstrable practical difficulties with the property located at 1090 Heritage Lane within Orono. The City of Orono has 12 points outlining the basis staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. Upon review of the 12 points as well as the variance request,6 of the points pertain and relate to this variance application. The points will be referred to hereafter as Practical Difficulties Criteria#(PDC#)and are as follows: PDC2: "The plight of the landowner is due to circumstances unique to his property not created by the landowner" PDC3: "The variance, if granted,will not alter the essential character of the locality" PDC8: "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining properties" PDC9: "The conditions do not apply generally to other land or structures in the district in which said land is located" PDC11:"The granting of the proposed variance will not in any way impair health,safety, comfort, morals,or in any other respect be contrary to the intent of the Zoning Code" PDC12: "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty" The following Practical Difficulty Statement is respectfully submitted based upon the aforementioned Practical Difficulty Criteria: PDC2:The property located at 1090 Heritage Lane is not a standard shape in that the adjoining property extends 80 feet from the rear and then 105 feet to the side. There are no other lots within the Foxhill neighborhood that have such a shape or complication to them as the other lots within this neighborhood are squared off. The extension of the neighboring lot, coupled with large minimum building setback requirements and a wetland on the lot,a pinch point is created on the lot. At this pinch point,the narrowest point is 21 feet. Not only is the shape of the lot unique to this specific property,so is the pinch point in comparison to other lots within the neighborhood. These circumstances are unique to this lot so much so that a city staff member stated in an e-mail;"considering the challenges with the property some level of variance may not be out of line..." The current lot lines and associated challenges with them are pre-existing and are not a result of me as I did not develop the area or the lots. PDC3:With the current lot lines and shape, 1090 Heritage Ln is in fact the smallest lot within Foxhill according to the Hennepin County Property Tax website. 1090 Heritage Ln is 0.98 acres in size. With the exception of one other lot, all other lots within this neighborhood are equal to,or greater than 1.00 acre in size. If approved as is,the amount of property added to the lot at 1090 Heritage Ln will be 0.09 acres, bringing the total lot size to 1.07 acres. The proposed 1.07 acre lot size is consistent with,or RECEIVED 9 JAN 1 7x017 3 ® CITY OF ORONO • PRACTICAL DIFFICULTIES DOCUMENTATION smaller,than the other lots within the neighborhood. The one other lot that is less than 1 acre is located at 1190 Heritage Ln and is 0.99 acres in size. The lot at 1190 Heritage In however, is not shaped in an abnormal manner that would complicate building on the property. Based upon the size of the other properties within the same development,granting of this variance and eventual lot line adjustment, would not alter the essential character of the locality. PDCB:As stated previously,the other lots within this development are larger and feature a square or rectangular shape. Although some other properties do have possible wetlands present on their property,the lots do not have an abnormal shape and therefore construction of a reasonable structure,while complying with minimum building setbacks appear to not have been an issue. Also detailed previously in this statement is the fact that the lot in question is in fact the smallest lot within the development but is also the only lot that is outlined in such a manner that it makes it extremely challenging to build a reasonable structure on the lot. PDC9:The lot located at 1090 Heritage In is in fact a unique lot in the manner in which the property lines were designated. There are no other lots in the Foxhill development or surrounding area that appear to have a similar shape creating challenges on the property. PDC11:The intent of the Zoning Code for this area is residential single-family homes on a 2-acre lot with large minimum building setbacks. The lot as it stands is already a non-conforming lot in that it is not 2 acres in size and in fact is not even 1 acre. The intended use with approval of this variance is still a residential single-family lot. In no way would this variance undermine the intent of the Zoning Code, and it would in fact allow for the lot to be closer to compliance of the Zoning Code. PDC12:The demonstrable difficulty associated to this lot is the building pad allowed based upon the current lot shape. While applying for this variance, I reviewed the Existing and Proposed Hardcover worksheets. The hardcover worksheets are an official City of Orono document that are required for some variances,and are published on the city website with the variance application. On the hardcover worksheets,the city has listed an example of hardcover being a garage. The dimensions listed for the example garage are 24'x30'. Based upon an official survey of the lot under the current conditions, it would be impossible to place a garage on the most practical portion of the lot using the city's example dimensions of 24'x30'. We are not requesting this variance as a means to detract from the character of the locality;we are merely seeking approval of this variance so that a suitable building pad would be established on the lot. With approval of this variance and subsequent lot line adjustment,this would likely allow for future construction to comply with all minimum building setbacks without requesting a variance of those regulations. RECEIVED JAN 1 i Nil R 9 00 CITY OF ORONO s PROPOSED LOT LINE REARRANGEMENT FOR SCOTT KIRCHNER & ROBERT NELSON OF LOT 6, BLOCK 1, FOX HILL & TRACT B, R.L.S. NO. 1719 HENNEPIN COUNTY, MINNESOTA \ rem \ • \ \ . ss �\ ��� mo w, • si ry4J'' V _!`'! ti F .., ff 1..i } IT'".... w11.16't9 Si 65 11090.CRITACE LAW ^S/ 0.98: ACRES BEFORE s t�,:i3 Y /g 009:.c �7 • �,l` , 1.07: ACRES AFTER_;. pone..,. ..,'N�:sr[,' -•.'' ria • "` . . GRAVEL ptv wen • ff im ' . ':6a EXISTING », w, i t ` -i F s FO USE i ,,e - sfLAC ban/ ai 4' my ror'~� dey sC 1f aot R 'u.. sM a��, w ti JJ 5, `es B3e9r, ?: LOT EXHIBIT a _ .. ._ _ FOR � _._._._._._._._._. . . ROOF DOCTOR, INC. HER1TAC ' LANE :•Eo - :S 20•. --�_� }77 i t • • \• i • I- q. } L • I .i: + I /.. 4 - Toa . } N V , CST % AA `� I. OT BOUNDARIES. CONTOURS, AND WETLANDS ARE '..-1 + .!f• 91OIWI ACCORDING TO CEP DMA IES OF SURVEY BY GRONDCRO&ASSOCIATES,INC..JOB NO. r8-QAA AND CI U'5,�S J6-000A. ,p) ..4 ,/ Y I 2. INFORMA RMINIMUM ON PROVIDED BY CLIENTDING SETBACKS ARE.RIFYOW ACCORDING TO rV < IN TERPRETA DON OF SIDE/REAR LOT LINES MIN CITY OF 0013400. 0 o m Z O O ��.080 r�0 LOTS AND 7 BLOCK I FOXHILL — — — GRAPHIC SCALE IN FEET ►IECOUNTY. CNuCANS 9ER NC.•I NNEPIN MN .7QO+s'AVc BWrwLo.MN1511319 .c.tn DATE VO/0.1/+G Pr..701.05=.+'10 i wwW.Nt.•6RrnaKYN.coot W [)KAWAANN DT .oma SHEET� 1�UP N1 LIZ NO. MN PAGE I OHEFTN 1!)000 ss- O CD • i; . ., ti , ''VI Fes .• CJ ,...-• , i / Jar 1 //,✓ 7 C 7j t •\ t, .„ , . 3r , ,„ L + tttfff Ilk Jtt ate\ • 7 ' t t \\\,..........• it L", t I '41I ._j •• a 7q7 F3[3J+yt)AR'E$. •-4-4%.7%;r€5 A .:(� sHOIAT,, ACC'.O :N.':: ?O Cf.g'7 c C 1 (1R;)NR(i:C, t4 A jaC,".'.A.'f$. %,',.' '6-060+ E}t ilg. R'?' {A:V Nt;M eliid 011f7 SE'PACKS I 1 ;' ORLA'70'i P CwO:U DY C.£ .VT£RPRE ATICN C. 5/0E/1'1 EA r' C e4' t0. 0 C40 80 720 i.0 T 4 ,r-. 7 B.}_ GRAPHIC SCAIN FEt: t'1ENNEP1N COUN 1 RECEIVED 7,..,::r-,.... p,. �r.c<ar-3v—k,„_.i>Y...--,.-r v -.,-..z,:: .: PC ° "` �. Exhibit D _ 1% #17-3900 r ,,k„,,,,... -....,....„---- "•'•,,, .... —*I•s7 ', - ,ik''''' rgs4.4 ' l'il'i ' ' , * �n. ' `� S Rlilt .k..„6,,,.. fir• .. u. 11E r� G • • 4. p , N „;, 0 r • ti y # , , I 0- .. # r f 'A • " 1I" k •- ..4, /'�,r. • r FF �{ ' .' .,4. �.. 1. i , Z-r F, • i p�t , ia� i .` • 1 . Cid''.' .17''''::* .... V• . . a n \ • ,:--,AlrfA4 A4t " ' ,-.. .,,A7.0' OS' '' ' "111.4,4111 1 44 -16.- ' ' - ....„ 7 . 404- . illiftr,it,' ° its: �t co d • t .f ♦ � . .s4 n .:MI,, ( O r , • 0,---,- 4-,ki. v 6 ... . ..., r • t q • J S°.fiN. e "•� r y_��! 4 R 4 A, i. •.,• . .,..2'.k; ' r Of* ..4h;krif'c.74,'7,.,r14::_':'41 Ili •44.47,.i ,VI A f,.;* ,'-'t,;,,,. 4r'''' ,„ . � >'b. +�' _ .wo_ }. x ke. te kr,*.. '.- ' . **'''."•... . , ,L,,._,,.: ,,,, ,,,,,,,,,,,,,,_,, ,., ,‘,_„,„...„-,'f.-',':::,„'.'-,,':::,,'„„:,:.'''''.._': , '-•:.'..'kiteikti;-,,, ....,:1,ile irjr < I � .. � 4 r� •` -' .. !p , ♦ s..'4n y 4 i...z Mrs' ♦ ��-. ;a ::: " e tl <:/tsC h; gym` . �. i 7-y. '-N-.;-1,, aux it. , . s4 i ^ 7 1+F 9t \ ' ' - 11'. „it a y a '• r: • ' ' s...S>..,... .,. 1; • ". '„.,, •.• ' ': CL,, fooe, .. • ' \till' n. Ifi I. "'''' - lir .,' 5., - ,, N y ett 410"4-1, ,:,•,.fr,', , 1 r �a. --.5 ,A_, 44X,,,, _ :a :�� �"'r� 7 _ -4yr , ",•.... • �.sN. t 3'♦ ,y x :ly�� '4nFa: y', ytYtV{ -> �!'f ,a ' ' - { 'aR 3 s c �' * ...*•," _ , -:is:' '__ S a -1_.' ---- - - - _,,,,: --, -,,..-:‘ ''‘ '. '‘'',.‘\-...r4k.-;',"'"\'''',\ .:, ' , v . T - __, >- � { .72 #! �- a• T t i • . y.} ! .---; .4.. ' ., , 1 ,, of-- 41,A,„ :..- /i ,s fit. -? --� `r u., I, • t • >r r tk \ I vim'`. PC Exhibit E #17-3900 Sec.78-305.-Area,height,lot width and yard requirements. (a) Height. No structure or building in the LR-1A district shall exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent Area Width Yard Yard Yard to Street (acre) (feet) (feet) (feet) (feet) (feet) 2 200 50 30 50 50 Sec.78-1700.-Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. Page 1 PC RUN DATE:01/04/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIS'{) Exhibit F 38 10-117-23 11 0002 38 10-117-23 13 0016 #17-3900 HENNEPIN CO REGIONAL RR AUTH FOXHILL ASSN 38 ADDRESS UNASSIGNED 1105 HERITAGE LA ORONO MN 00000 ORONO MN 55391 HENNEPIN COUNTY FOXHILL ASSN REGIONAL RAILROAD AUTHORITY NANCY BJERKE 701 4TH.AVE S SUITE 400 1035 HERITAGE LA MINNEAPOLIS MN 55415 WAYZATA MN 55391 38 10-117-23:2 0005 38 10-117-23 13 0021 KELLY B KROMER LOCKIE B MARKUSEN 1005 HERITAGE LA 1135 HERITAGE LA ORONO MN 55391 ORONO MN 55391 KELLY B KROMER LOCKIE B MARKUSEN 1005 HERITAGE LA 1135 HERITAGE LA WAYZATA MN 55391 WAYZATA MN 5539! 38 10-117-23 13 0001 38 10-117-23 13 0023 ?ATRICIA A ABBOTT WOODHOUSE SHORELINE LLC :000 BROWN RD S 1800 SHORELINE DR ORONO MN 55391 ORONO MN 55391 PATRICIA A ABBOTT WOODHOUSE SHORELINE LLC 408 PARKERS LAKE RD#112 600 HIGHWAY 169 S#701 WAYZATA MN 55391 MINNEAPOLIS MN 55426 38 10-117-23 13 0004 38 10-117-23 13 0324 ANTHONY A NICKLOW WOODHOUSE SHORELINE LLC 1 150 HERITAGE LA 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 ANTHONY A NICKLOW WOODHOUSE SHORELINE LLC 1150 HERITAGE LA 600 HIGHWAY 169 S#70: WAYZATA MN 55391 MINNEA?OLIS MN 55426 38 10-117-23 13 0005 38 10-117-23 14 0005 KURT E&A SUZANNE RETZLER DENNIS L LIBBY 1100 HERITAGE LA 1000 HERITAGE LA ORONO MN 55391 ORONO MN 55391 KURT E&A SUZANNE RETZLER DENNIS L LIBBY 1100 HERITAGE LA 1000 HERITAGE LA WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 13 0006 38 10-117-23 14 0016 RAYMOND A LIPKIN C NELSON&R W NELSON 1090 HERITAGE LA 1780 SHORELINE DR ORONO MN 55391 ORONO MN 55391 RAYMOND A LIPKIN ROBERT&CAROLYN NELSON 161 FERNDALE AVE S 500 SE 5TH AVE UNIT S802 WAYZATA MN 55391 BOCA RATON FL 33432 38 10-117-23 13 0007 38 10-117-23 14 0017 GOLDEN EMPIRE LLC WOODHOUSE SHORELINE LLC 1080 HERITAGE LA 1760 SHORELINE DR ORONO MN 55391 ORONO MN 55391 GOLDEN EMPIRE LLC WOODHOUSE SHORELINE LLC :330 JERSEY AVE S 600 HIGHWAY 169 S#701 MINNEAPOLIS MN 55426 MINNEAPOLIS MN 55426 38 10-117-23 13 0008 S L BYRNES JR&P S BYRNES 1025 HERITAGE LA ORONO MN 55391 PAMELA&STEPHEN L BYRNES JR 1025 HERITAGE LA WAYZATA MN 5539: 38 10-117-23 13 0009 ELLEN M FRITZ TRUSTEE :035 HERITAGE LA ORONO MN 55391 ELLEN M FRITZ 1035 HERITAGE LA WAYZATA MN 55391 38 10-117-23130010 DECEIVED JAMES A SNYDER ETAL RECEIVED Y 1085 HERITAGE LA ORONO MN 55391 A' ^� ELAINE D SNYDER JAN 1 / 20 1 7 1085 HERITAGE LANE WAYZATA MN 55391 CIN OF ORONO 3900 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED JAN 1 l %O3 39 00 A CITY OF ORONO ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) of I0Q 5 4c[I)Ioae 1-A [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1 d q0 Het A a,t Ln also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improveme t plans and that the propo neighbor's project or use requires Council approval. •�, ° 1- 7. 17 Pr pert Owner • Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) of nc Ik tr tt)Q L'n [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at Idip H«i q C La also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neiLhbor's project or use requires Council approval. lli A 4M_,- c),A.c-i?/' 1- 7- 17 Property'Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. Variance Appf(catfon-May 2015 RECEIVED Page 13 JAN17 ?_017 3900 CITY OF ORONO ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM (we) Rof 1100 IAICAt G Ln [print name(s)] [print addr ss] have reviewed the plans for the proposed improvement or proposed use of the property located at If/10 f4ft;4'a,r I-1 also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. AA-frio b Gr kL* 0A I'7- ,617 whlA I Spoke o�- er Property Owner /A Q ;;43 CSS A to Date (( tV o4e}} -- �,,.as lea"e 4Of IA r fie ifhbots ackkittsed {�I�ts, eg demi-3 w:n 1 n FL- V' rr-e17 L,rf<C 00' of yt uw/� Property Owner Date If you have any Information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. Heer Aerie4AArer*eee9 teekMeefaM ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the Improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City In the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. Variance Application—May 2016 RECEIVED Page 13 JAN 1 7 7017 # 3900 3 CITY OF ORONO PC Exhibit G til Hennepin County Locate & Notify Map #17-3900 Provided By: Resident and Real Estate Services Date: 1/4/2017 0- 0- ..0 -.- ,S s r. . ,r• ''.'' i re`s 10-117-23-12 -10-1,!1i-23-11 lib .;' 1 10-117-23.13' 10-117-23-14 / - 'y / , `�! ! 1/ k /fjI �/ / ,/'/�., \. /fit X 7 3-13 / - - •,,t;` 10 117-23 14 / rd *.'s f t , 10-117-23-42 i , � f ' 10-717-23-41 i P t 10-117-23-42 10-117-23-41 Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I t r i l I i t l 1090 Heritage Lane Orono For more information contact: MN 55391 RECEIVED Hennepin County GIS Office 1011723130006 300 6th Street South r1 Minneapolis,MN 55487 ''U JAN 1 7 17 gis.info@hennepin.us WY OF ORONO 3 9 0 Item 5 Date Application Received: 01/17/17 �O�VO Date Application Considered as Complete:01/19/17 60-Day Review Period Expires: 03/20/17 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator AxESHoe� From: Melanie Curtis, Planner h'IGG Date: 21 February 2017 Subject: #17-3901, Mike Demenge,4380 Sixth Avenue N, Variances Public Hearing Application Summary: The applicant is requesting a front setback variance in order to add a second story.A septic system variance will also be reviewed by the City Council. Staff Recommendation: Planning Department Staff recommends approval. Background The property is located in the RR-1A district which requires a 100-foot front yard setback. In the late 1990's Hennepin County acquired a portion of this property in order to realign CSAH 6 and create a frontage cul-de-sac. The existing home on the property at that time met the front yard setback. The applicant is requesting a front yard setback variance in order to construct a 2nd story addition over the existing home. LOT ANALYSIS WORKSHEET Section 78-395-Setbacks: RR-1A Required Existing Proposed Front 100' 76.2' 76.2' Rear 100' 200' 200' East Side 50' 54.3' 54.3' West Side 50' 134' 134' Wetland 35' Section 78-395-Lot Area/Width: RR-1A Lot Area Lot Width Required 217,800 s.f. (5.0 acres) 300' Actual 79,787 s.f. (1.8 acre)* ±370 *According to Hennepin County. Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 79,787 s.f. (1.8 acre) Allowed: 11,968 s.f. (15%) Existing/Proposed: 1,963 s.f. (2.4%) r FILE#17-3901 21 Feb 2017 Page 2 of 4 Applicable Regulations: Front Setback Variance(Section78-395) The existing home is set back 76.2 feet from the front lot line where a 100-foot setback is required. The applicant wishes to construct a 2nd story on the home, requiring a variance. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The proposed variance will be in harmony with the intent of the Zoning Code as the proposed improvement will not increase the footprint size,and will be partially screened from view by the vegetation that exists between the home and the street. 2. The variance is consistent with the comprehensive plan.The addition to the residence is consistent with the comprehensive plan.Although the front setback is substandard, the home is set back approximately 180 feet from the travelled portion of Sixth Avenue North and the addition will be partially screened by existing vegetation. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of an addition to the home, within the 100 foot front setback area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from both roadways as well as adjacent neighbors. The setback encroachment will not create an unreasonable perception of additional massing b. There are circumstances unique to the property not created by the landowner; The location, size, and orientation of the home on the Property were not the result of actions by the Applicant.The neighboring home to the east is set back sufficiently to allow for light,air,and open space between the two homes;and c. The variance will not alter the essential character of the locality; The proposed addition to the home will not alter the character of the neighborhood. The existing home garage is set back 76 feet from the property line and approximately 180 feet from the paved roadway of Sixth Avenue. It does not FILE#17-3901 21 Feb 2017 Page 3 of 4 appear that a second story addition will adversely impact the neighbor to the east. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as the use for a residence is an allowed use in the RR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The home as constructed in 1963 met the 100 foot setback. As a result of the taking of the land to reorient Sixth Avenue(County Road 6) it is now at a nonconforming setback on the Property. The proposed improvements will not increase the footprint nonconformity within the setback. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The topography, which drops off steadily as you move north and northwest,the substandard are of the lot,as well as the nonconforming location of the home on the lot make the Property unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Options for conforming expansions of living space,including going upward,are limited on the Property by the septic system location and challenges,front setback requirement,and topography.Staff finds the variance is necessary to preserve the property right of the Applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance will not adversely impact health,safety,comfort,or morals;nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The lot area,the location and size of the existing home, as well as site topography, create practical difficulties affecting the Property; the variance is necessary and will not merely serve as a convenience to the Applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system, 4. FILE#17-3901 21 Feb 2017 Page 4 of 4 and has determined that the addition to the home is not likely to impact the existing or future septic sites. However,the current septic system is noncompliant and replacement of the system is triggered by the property sale.The applicant identified one treatment site; a new system will be installed at the point of sale.The applicant was only able to identify one treatment site on the property where two standard sites are required by Code.The City's Code provides the building official with the authority to grant variances from the septic code requirements. In this situation the building official has recommended that the City Council review and rule on the requested septic variance. His recommendation for approval of the variance is attached as Exhibit F. 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 Plan Analysis Staff finds the location of the home, affected by the Hennepin County land taking for the road realignment,the septic site limitations,the topography,and the substandard lot area are practical difficulties supporting the front setback variance to allow the second story addition to the home. Engineer Comments There is no proposed grading as part of this project. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval of the setback variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Aerial Photos Exhibit F. Building Official Memo—RE:Septic Variance Exhibit G. Code Sections Exhibit H. Property Owners List Exhibit I. Plat Map PC Exhibit A #17-3901 City of Orono Variance Application Street Address: Applications 1 ` 3q0/ /�oO 2750 Kelley Parkway I fl. yL�O`rOrono,MN 55356 Date Received: 0! 11 t 7 Main: 952-249-4600 Staff: � 4;:, fax: 952-249-4616 {n Mailing Address: Fee: $700 �, `'. P.O.Box 66 Escrow. X700) $2,500 �� i G Crystal Bay,MN 55323-0066 Notes: (� - kFs N O� Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 4380 County Road 6 DESCRIPTION OF REQUEST: Addition above existing garage&new septic system (attach additional sheets as necessary) APPLICANT INFORMATION: ®check here if Applicant address should be used for billing Applicant: _ Mike Demenge Phone(Primary): 763-458-0892 __— . _____ Mailing Address: 11162 Aberdeen Street NE Unit B City: Blaine ZIP: 55449 Email: mike@asdesigned4u.com PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant here If Property cess d b1e us�foor�billliin Name: 1&O.SIG. l� i- M Y i G� Phone(Primary): _ t Mailing Address: 417., °r p ur�,y-E ` City: /agals� ZIP: 3314 Email: APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property 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 • The Property 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. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property 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. • Information will be distributed via email. Applicant Signature: �Vl l��j /w� Date: I (1-11 Applicant Signature: Date: Property Owner Signature: 4'4 Z / Date: 1/12/17 RECEIVED Property Owner Signature: Date: Variance Application-January 2017 JAN 1 7 2017 Page 4 # 3901 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local,state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04(see following page)to review private data on yourself. 6. Your full name is required to process this application or permit. Vt atA L fttree t l ttot First Middle' Last It 1622 A D f,10_ ar s Address r ala its — 0O,/r City State Zip Phone i understand my rights as stated above. iii - 41./I.,1,/tz\ Sig ature RECEIVED Variance Application—January 2017 JAN 1 7 2017 Page 14 # 3901 C1TY OF ORONO PC Exhibit B #17-3901 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties,address all the relevant points listed below and answer them as dearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the prope in a reasonable manner not pe itted by the Zoning Chapter." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 3. "The variance, if granted,will not alter the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. 'Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,Section 116106,Subd.2,when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that Is not allowed under this Chapter for property in the zone where the affected person's land is located." RECEIVED Variance Application—January 2017 JAN 1 7 2017 Page 7 3901 CITY OF ORONO 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." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. "The granting of the proposed variance will not in any way impair health,safety,comfort,morals,or in any other respect be contrary to the intent of the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical 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): RECEIVED Variance Application—January 2017 JAN 1 7 2017 Page 8 # 3901 CITY OF ORONO RECEIVED es k JAN 17 ZO17 Architectural Design ra Construction Management CITY OF ORONO Points of Practical Difficulties 1. My plan for the remodel of this home is to stay within the original footprint and to improve the layout and functionality, along with a more suitable use of space. These changes will make the home more desirable and comparable to the other properties in the area. The home, in its current state, will not support what a new homeowner would expect for this particular area. The house is a split entry that is very small. In general,split entry homes with crowded entries are not desirable to today's home buyers. With the new design I am proposing,the entryway will be considerably larger and open to the rest of the main living space. Making the home feel more welcoming. Currently the main living area,including the kitchen,is on the lower level of the home and provides no bathroom. The lower level, even though it is a walk-out,is very dark and lacking in natural light. On the upper level,the existing plan has three bedrooms and the only bathroom that exists in the home. My new design will relocate the main living space and kitchen to the upper level of the home, leaving the lower level as an entertainment area with an additional bedroom and a three-quarter bath.My design for the addition above the existing garage will provide two modestly sized bedrooms with a master suite. This space will also include a full bath with a laundry area. With this new design,the exterior of the home will be greatly improved and will no way look like an addition;instead the design will flow and provide great curb appeal. These changes will only increase the taxable value of the property and be an improvement to the overall neighborhood. 2. The home is located on a bluff that sits on approximately one-third of the parcel,which is less than two acres. The other two-thirds of the property are not buildable,thus limiting the possibilities to improve the home as well as determining viable locations for the required new septic system. 3. My intentions for the modifications I have planned for this home will blend seamlessly with its surroundings and look as if the structure is original to the site and not tower over the neighborhood. In addition, the new design will stay within the original footprint of the home. These alterations will only enhance the character and functionality of the home. 4. In my opinion,reasonable use of the home as it is does not support its locality,given the cost of land and the newer homes in the area. Without remodeling this home and making it more suitable and desirable to new home buyers looking to live in this area this property does become unusable.The value of the home,even if it were to be given a facelift within the existing layout,does not support the value of the land the home sits on. This makes the property, as-is, a poor investment for any home buyer wanting to move in and live there and will likely result in an investor purchasing the property as a rental home. 5. NA 6. NA 7. NA 8. As stated in previous statements,there is only a small portion of the 1.83 acres of land that is suitable for a building site. Due to this circumstance, a complete tear down and rebuild is not an option in this case. Remodeling the existing structure seems to be the only logical solution. 11162 Aberdeen Street NE#B, Blaine,MN 554491 www.asdesigned4u.com I info@asdesigned4uum3 9 0 1 • De,n r;g. (C it RECEIVED JAN 1 7 2017 CITY OF ORONO 9. NA 10. By not granting the proposed variance,this property is essentially a money pit. By updating the home as-is,without adding square footage to make it more livable by today's standards,would not recover the money invested to do so. 11. The purpose of the request for this variance does not adversely affect any other zoning requirements other than the current setbacks and the need for a new septic system without having an auxiliary septic site. In no way will the granting of the proposed variance impair health,safety, comfort or morals in respect to the intent of the zoning code.The proposed changes to this structure do not increase the footprint of the structure,therefore not creating any safety or comfort concerns in relation to the roadways around this property. The structure not conforming to current setbacks is due to the changes in zoning requirements over time. The property size cannot change in order to meet today's zoning laws which were put in place after the structure was located on the property.As I have mentioned in past statements,there is only a small portion of the 1.83 acres of this parcel that is suitable for a building and a new septic system and these factors are unfortunately beyond our control. 12.NA Practical Difficulties Statement: Without a variance granted,I feel this is a property that will never be able to be improved due to its poor original design.Buyers today expect a more traditional open layout,which this house does not have. I am proposing to correct this with the new design,which in turn will be an improvement for this property,the overall neighborhood,and the city. I will be required to relocate the well in order to use the only location suitable for a new septic system,which in part is due to the new road that I was not party to.However,I am willing to take on the work,risk,and expense of these items in order to meet the city's current requirements. Because of the high-demand that this area and school district are in,I suspect that if the property does not undergo a major remodel as proposed in this statement,the property will be purchased by someone that will do minor cosmetic updates and use the property as rental income. Most likely,this person will not go about doing things correctly and attempt to get away with circumventing the city's zoning laws simply due to the fact that the investment will not be regained upon the sale of the property. END OF SECTION 5 C_sign• L,..0 1 111,2 A��F,c+czn 5t, r ._ ,it` dl�ir, .,. 5 3901 CERTIFICATE OF SURVEY FOR MIKE DEMENGE IN THE NE 1/4 OF SEC. 31 -118-23 HENNEPIN COUNTY, MINNESOTA c3 0 �' � Ib 4. ,ah nro ''$s ---- 29 % • srs WEST LINE OF NW 1/4, 1 is, ,- i NE 1/4,SEC.31-118-23 O�iS j' •/? / / / 31 7 // in EXISTING / p SHED / QO }• / f0 j�� rr ° s CORNER FALLS IN//N) °') s POWER POLE // / rO / / O / 0 • fir,pp0Ae 0.84 1// �L / • O lv '4r / t.� / Wr/NCpRi // • EDGE OF / in r—__` c " , / CUL-DE-S5/ I ssi• 7 J N SW CORNER OF NW 1/4, I O 1 j // X 0 NE 1/4,SEC.31-118-23 I g z I`7 1 / / Zo I> crrj I I i/ /// a .ew 1 I 14�Z�1 1 1 / !------------- ------ ---,< y)ol 1-r- ---,------ — - a LLm� 1 // /�0�. A I SO I .,.// �O/ S `'�-- I / / NI,. GAP/ : DRAINAGE EASEMENT PER // �` -� / DOC.NO.6872679 // A� •�G1 i ei 4PonP // Vel \.1\, // �/ / rr / RIGHT OF WAY LINES OF ,� ' / / / HCSAH NO.6,PLAT 5; • —1% // - ADDITIONAL LAND TAKEN PER V' / QUICK-TAKES ON SELY R=899.33 a /,'L- / SIDE OF ROAD �. /a /// LEGAL DESCRIPTION OF PREMISES SURVEYED: // C That part of the Northeast Quarter of Section 31,Township 118 North,Range 23 West of the 5th / Principal Meridian,described as follows: Commencing at the Southwest corner of the / Northwest Quarter of the Northeast Quarter of said Section 31;thence North along the West line // i ROAD EASEMENT PER of said Northeast Quarter,said West line being assumed for purposes of this description to be a / due North-South line,a distance of 260 feet;thence North 37 degrees East a distance of 117 / I / DOC.NO.6872679 feet to thepoint of beginning of the property beingdescribed;thence South 37 degrees West a /r� I /� e9 9 P Pe Y e9 distance of 117 feet;thence South 460 feet thence North 49 degrees 30 minutes East to an �= // intersection with a line drawn through the point of beginning bearing South 40 degrees 30 minutes East;thence North 40 degrees 30 minutes West to the point of beginning. This survey shows the boundaries of the above described property,and the location of an 0 40 80 160 existing house,shed,driveway and septic area as shown by others.It does not purport to show ••••••••••• • any other improvements or encroachments. ���• • : Iron marker found �� (N49°30'E) : Denotes bearing per description SCALE IN FEET N 48°53'45"E : Denotes survey bearing DESIGNED REVISION DATE DESCRIPTION I hereby certify that this plan,specification,or report SCALE ____ GRONBERG &ASSOCIATES,INC. prepared by my or under my direct supervision 1"=40' — -- DRAWN CONSULTING ENGINEERS.LAND SURVEYORS and that I am a duly Licensed Land Surveyor under SITE PLANNERS the laws of the State of Minnesota, DATE .. 1-12-17 CHECKED — _ 445 N.WILLOW DR. LONG LAKE.MN.55356 952-473.4141 �"e ✓• JOB NO DATE /'/2-/7 MN LICENSE NUMBER /275.3 16-455 16-455 It Mx -13 W a 0 o 'er 0 PC Exhibit D #17-3901 iiii s $ Z c 2 ti co P J¢ < C co d O n cr) a cod ,± '. ♦ •- . - ,.. 401 ,-,.. it!, : •• , .iu -- tit , - : . ai, 1,-,tt...- -i - 7 Its F � p• . ,i a II 4. P' l ,. ■ ■ — , Vi u„ VI r • f Lt "r , /111 _ � � �r _ w" M ■ T I 11 " 14 , .....e--...—„,....4-:1.s. -...fe 7 ■■ • * sem ...„.":-i:eiiiiircr- " • t' 1. ,.,�� �5��� 1 I ..ui.n p^ -iSl‘ . w Mm O 05j > *4 Lt--c _1 L_ = Y_ __J L 11142 Alm*.Street NEUMtaln t a 14 ..MN 55449 1t I --- --- -- C.763-154-04921 mF.Ondn6n.dausom Consultant Address Address Phone Fax 1 ^'nom — ' ConsW,m 31 ` Address f-- 1J1--L7 I L___..I Address r— — J P.n. 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"f s'... -, i, - . ,- ,, %.<`'......„_ ,..10+3,,- 11.IW". ,t. \ ` � � �`\ 1 1 "•- 1n _ ____ ,. \ \ 4-*%?X,,,,,,,‘, -‘ ";-,.. --s, ------,... --------------- ---....,--: N.-- -.' ,-: ' r -, \ ;\ . {, :,� r . x't 'i . 'Iv .• \ ' ' :-ik ,,4$* ',' : • ' ''\, t .�1. 1, i', 'r,1 `' • p t ,z ¢ t apt 4 ! t , ,!!, , !,!.., 4,.t.ili!.:,'.i..,1:4,,.'',.. - 1 -„:-.1;::"_„41.i . oe�:_a i1 t . .. i- ,},i . �� ::.t.::-ri,:;,..:"....,,i,..,.:..:, . 1 ' t; '' . ' i PC Exhibit F City of Orono #17-3901 To: Melanie Curtis From: Roger Peitso CC: Jeremy Barnhart Date: 7/9/2017 Re: 4380 Sixth Avenue North Comments: Septic design professionals have identified difficulties in finding a second or alternative treatment site,on the property located at 4380 Sixth Avenue North. City Code Section 58-47 (d) requires a second treatment site and bars the City of Orono from issuing any permits for building expansion or accessory structures without identification of a second treatment site. However,Code Section 58-73 does allow a variance from the requirements of Code Section 58-47 if approved by the On-Site Systems manager(myself),or the City council. The difficulties in finding two septic sites is caused by lack of space on the lot and being able to maintain legal setbacks for the septic sites due to: wetlands on the edges of the property;the size and shape of the lot; and limited areas of undisturbed original soils large enough to support two treatment sites. The current septic system is non-compliant and must be replaced when the property is sold. One Type I Standard five-bedroom site has been identified and a new system will be installed as required by City of Orono Code at the point of sale. This new system should be able to support the needs of the current house, which has three bedrooms, and allow for expansion up to five bedrooms for 40 years or more with proper care and maintenance. If the system were to fail, depending on the cause, it is feasible that the mound could be re-built in the same place using new materials. If failure was due to soils lacking the capacity for treatment, pre-treatment technology could be added to the system allowing the same treatment area to be used. It would be my recommendation that a variance from the two site requirement in Section 58-47 be approved because of the hardship it would cause to the current or future owners of this property, resulting in limited or no options to improve or construct structures on this property which would otherwise be allowed. PC Exhibit G #17-3901 Sec. 58-47. -Building permit applications. (a) New residence. No building permit shall be issued for any new building that will be connected to an ISIS until a site evaluation and design is approved by the on-site systems manager. The site evaluation must include the identification of both primary and alternate drainfield sites suitable for a minimum of a five-bedroom residence. If the building will be connected to an existing system, a site evaluation and design must be approved by the city, including the existing system specifications and a future site meeting the provisions of this article. A new residence must be connected to an ISTS meeting the definition of a code system. (b) Required upgrade or replacement. A sewage treatment system not meeting the requirements of Minnesota Rules Chapter 7080, as amended, or the requirements of this article, whichever is more restrictive, must be upgraded, at a minimum, at any time a building permit is required for any improvements on, or use of, the property, subject to the following: (1) Any such system for which the city has previously issued orders requiring upgrade or replacement of the system by December 31, 2007, shall not be subject to this requirement until January 1, 2008. (2) Any such system for which the city has previously issued orders requiring upgrade or replacement of the system by December 31, 2010, shall not be subject to this requirement until January 1, 2011. (3) Regardless whether previous upgrade or replacement orders have been issued, this upgrade or replacement requirement shall not apply when said building permit is for regular maintenance or upkeep including but not limited to replacement of mechanical equipment such as air conditioning, furnaces, water heaters, or water softeners, or for re-roofing, re-siding or window replacement. (c) Construction of additional bedrooms or construction including water-using appliances that will increase the sewage flow into an ISTS. A building permit shall not be issued until the city confirms that the existing ISIS is compliant and of adequate size to treat the sewage flow from the building and that a future drainfield site is designed and preserved. If the existing ISTS must be repaired or replaced, an ISIS design for both the existing ISTS and a future drainfield site must be approved before issuing a building permit. If expansion or replacement of the ISIS is required, the ISTS must be installed and inspected before a certificate of occupancy shall be issued for the construction. Failure to identify satisfactory drainfield sites for the proposed sewage flow for use now as well as a future site shall result in the denial of the building permit application. (d) Expansion of an existing building, including decks and patios; construction of an accessory building, driveway or land alteration. A future drainfield site must be designed and preserved prior to the issuance of a building permit for any expansion of an existing building, construction to an accessory building or driveway or land alteration on a property using an ISTS.A building permit will not be issued when the proposed work would preclude the use of the only future drainfield site approved by the city. (Code 1984, § 12.30(4)(F); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 147 2nd series, § 8, 5-13-1996; Ord. No. 199 2nd series, § 1(12.30(4)(F)), 5-8-2000; Ord. No. 38 3rd series, § 1, 9- 24-2007) Sec. 58-73.-Variances. The on-site systems manager may grant variances to the provisions of this article due to unnecessary or unintended hardship to the owner that are not contrary to the intent and purpose of this article or other applicable law. Variance applications shall be reviewed by the on-site systems manager upon written request of the owner or the owner's agent. (1) Variance applications must include complete soil testing and ISTS design in accordance with this article, including the identification of any site limitations leading to the variance request. Page 1 (2) Variances shall be approved,conditionally approved or rejected in writing by city staff.The owner shall pay all costs incurred by the city in the review of the proposal. (3) Variance approvals shall be subject to all conditions established by the city at the time of approval and thereafter. (4) Any variance application may be referred to the city council for review by the on-site systems manager. (Code 1984, § 12.30(4)(E); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 199 2nd series, § 1(12.30(4)(E)), 5-8-2000; Ord. No. 38 3rd series, § 2, 9-24-2007) Sec. 58-75. -Noncompliant systems. (a) Owners of noncompliant septic systems determined as such by the City of Orono's earlier inspection programs which were issued orders requiring maintenance, repair or replacement shall be subject to the following: (1) An ISIS located within the Shoreland District found to be noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be repaired or replaced within a reasonable period of time not to extend past December 31, 2007. (2) An ISIS located outside the Shoreland District found to be noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be repaired or replaced within a reasonable period of time not to extend past December 31, 2010. (b) Owners of noncompliant septic systems identified as such after the date of this ordinance which are found to be non-compliant for other reasons than due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be issued orders requiring maintenance, repair or replacement, as follows: (1) An ISIS found to be noncompliant because it is either failing or prohibited, as defined in section 58-43,shall be repaired or replaced within 90 days, if feasible,but in no case later than ten months after the date of the repair order. (2) Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as often as necessary thereafter to eliminate effluent discharge until system repairs are completed. (c) An ISIS required to obtain and maintain a MPCA state disposal system permit shall meet the requirements of Minnesota Rules chapter 7080. If the state permit lapses, orders shall be issued to cease use of the ISIS within ten days, such use to be discontinued until reinstatement of the state permit. (d) Failure to obey a lawful order requiring repair, alteration or replacement of a noncompliant ISTS shall be cause for the city to enjoin the owner or occupant from further use of the ISIS. Upon notice, the owner shall have ten days to show cause to the city why the property should not be condemned for occupancy according to Minn. Stat. §463.15 et seq. (Code 1984, § 12.30(8)(B)(4)—(6); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 199 2nd series, § 1(12.30(8)(B)(4)), 5-8-2000; Ord. No. 38 3rd series, § 2, 9-24-2007) Sec. 58-77. -Property transaction standards for individual sewage treatment systems. Page 2 (a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which is required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract of land, unless the following requirements are met: (1) The seller of any property having an individual sewage treatment system shall have a state licensed inspector or designer I complete the Minnesota Pollution Control Agency (MPCA) sewage system compliance inspection form for existing sewage systems in accordance with this article and Minnesota Rules chapter 7080. The exception would be a new septic system installed within the previous five years or a compliance inspection performed by a licensed inspector or designer I within the previous three years. (2) The seller must provide a copy of the completed sewage system disclosure form and the certificate of compliance or notice of non-compliance to any person who signs a purchase agreement. The disclosure form and certificate of compliance or notice of non-compliance inspection form must be provided to the buyer prior to signing the purchase agreement. (3) The licensed inspector or designer I must submit a copy of the certificate of compliance or notice of non-compliance to the city within 30 days of the date of inspection. (4) If the existing system is found to be out of compliance it must be brought into compliance prior to transfer of the property. If the system is not brought into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (5) If the seller fails to provide a certificate of compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (6) The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at- law or a federal or state chartered financial institution. The amount escrowed shall be equal to 150 percent of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount shall be equal to 110 percent of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the City of Orono shall provide the escrow agent a copy of the certificate of compliance. (Ord. No. 38 3rd series, § 3, 9-24-2007) Sec.78-395. -Area,height,lot width and yard requirements. (a) Height. No structure or building in the RR-1A district shall exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent Area Width Yard Yard Yard to Street (acres) (feet) (feet) (feet) (feet) (feet) 5 300 100 50 100 100 (Code 1984, § 10.27(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 8, 6- 27-2016) Page 3 PC Exhibit H #17-3901 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. P y Owner Date # 3901 4-i--6/ do.."4:20.0.--04._____ /—/.,,./ - /7 petty Owner Date RECEIVED _-- - JAN 1 72017 if you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoning Office at least 10 ' ► nr OF ORONO days prior to the scheduled meeting date. i•r1M••*****rq.•tM••rr••fr••••r•w•rMrrrr••r•••rrr•MM•rrr••rM.r•r••M•••••••r•Mrrr•••*M•rrR•N**•rrr•iH•*•rr• ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT F ��4 C7 4/6 I(we). //l1/}-ifri 4(14 of a�.5- 71./../.4,-e-e /e [print name(s)] [print address] hrae reviewee pups for the proposed improvement or proposed use of the property located at � Sid C' d .4 also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of t •roperty or use but merely to confirm for the City Council that I (we) am (are)aware of the Improvement •, , and :t the proposed neighbor's project or use requires Council approval. / // d/ 7 rty •wner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. RECEIVED JAN 'I z 2017 Variance Application-January 2017 # 3901 CITY OF ORONO Page 15 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) EV4- l,.(kh t (i 141Co (.0 i hal of L1 3 9 0 C.0 : Qg1 to L. [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 4PlR CI Cw (, also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. — .-) - t RECEIVED Property UNIMer Date JAN 2017 Property er ( Date ] 11 — i CITY OF ORONO If you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoning Office at least 10 3901 days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) Mf �tf1 C- htrrevu- of_ji C by _ y3u0 C""R'!C & Jprint name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at � )i Out *If also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. • 1 \?u1 fl RECEIVED Property Ow = Da JAN 1 8 2017 rty Owner ate CITY OF ORONO If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at days prior to the scheduled meeting date. 0 01 IW' DATF:al/N/2017 II A ILP[A COL NTV PROPERTY 1$1,O7lYIA TICK SYSTEM(PR(HF.kTY OWNERS L1ST) PAGE:f at 11-tt>,•9:1'AN{ t-r1ARLk E LARYJ'+ ;:351YTH %AT`•' C H,SRLE N r 3'1MDR 4: I ARS•M1 1:=t:BLACK OAkS L ti P'r.1'AY)1'•.H M\ 55:I': ?A).-'18-2'11,0 " C',ROT 110 'OWN 4 C))I'14AS 43.1.1,MX.H ORCI\O':* 153 (ARel 1 t t'M Vi.1V ,10•rR A't UI1M N 432ts':rn.wr\ rr Q tp:'\N •caSS :".!-11.8-:.3 Olt S WIL._TA'.I d.L•R 11'U.I.;MS tz''J 51:t r19.1Vf.\ ORONO'.1N il% .1'6d LLi)'1•'.TI:511:UAM' I''5 (TT-ANT 102\ti' .k7'I', c:`c6 34 3h118-'i;2"3[I 11;1'.UA).1'I 'S I.51 S1'.Tli '..1'N ,.-Lh1.:7'I\ S'afi. V+['t.I.t!t:;iIBBS 4I9 TOt9?=1 Dr RD t15P'Fi'l.%\ 'ii P tt.N.r). \.w YORK h 11....:e4 :tIto$;o BA11'11111u1VStRV11r STH rf O'3R •;'k+I 6111",N Ft 1.i t.. %%SW.d 1(i 1‘1\u:4130.1•V. +'MSI'I': Chir c)IN 3';it 1.00 es. o 1•(1r1In51' '. 4/9ad(Ti i ON.:r L 4i.'_t iN ,''35( 13'10. S t A i 1 u)I t'Srih R' r).r-}TR :d1+4`71-16'is%13n1 t)tl7 j*.r':1 IN(S75V , - '\\IOH':S ,t„1t114.'"Vc'7c:. 141 31. 21 A()(1: tiCH [LW.At .1 'lCHE•'.F Rti 4-.•111 1TPd:t1tit:4 R;) (Mlr.?i'.Nth g$149 •it',P 4 19{H.'1•. t('Ii'•.iil :(i 4.141{t';11-Y .,Y.'i d5? M t_'i h I`,%IN 5\ 55:59 Td'.1 S1iTr70 1-7Hi %%".11-J :'t%V KO WtC7..t 5 e4 S;a c. 11\1•'1'[)IY hf S5131i''1 i a'1 A''4.11 i.:l,5i^i 12'3 A!%PEE PL.51r.f.N RECEIVED JAN 1 % 2017 # 3901 • r • Tr • '' • ,.1,.11 p',,VS.'Trii RECEIVED # 3901 JAN 1 7 2017 CITY OF ORONO PC Exhibit I #17-3901 Htry,.,. Henneph County Locate & Notify Map Provided By: Resi nt and Real Estate Services Date:1/612017 1 a ft 30-118-23 34 30-118-23-43 4 6 31- ,,'3-23-21 31.118-23-12 A / „i" \ ,,, \ ,...> ,,,,,1 ( } s' 3*1-111377 r_—.�.++.��4►raaW..n� moi. j '��. 'I`"" amac.. •• �- j+ 'e_. vr...---- ..� �.-.� -• l 111 .,,. "µ r _ ---- ._.1h1i3 r 3 31-193-2 -24 i 31-118-23-13 t t 39-afu-23-s 1i I Buffer Size: 350 0 120 240 480 ft Map Comments: t t t t i t t ' l 3111823120018 THE BANK OF NEW YORK !IONR For more infotmaUon contact: 43811 OM Avenue Nath RECEIVED Hennepin County GIS Othoe Orono MN 55358 300 6th St`at South Minneapolis,MN 55487 JAN 1 7 2017 9ta.inho¢nenneptn_us CITY OF ORONO # 3991 f _ Item 6 Date Application Received: 01/18/17 0A Date Application Considered as Complete:01/18/17 � . V,O 60-Day Review Period Expires: 03/19/17 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator `(se -1'FESHO From: Melanie Curtis, Planner I'Y1GG Date: 21 February 2017 Subject: #17-3904, Laurel Ulland Architecture/Martha Meyers Head, 2090 Shoreline Dr, Conditional Use Permit: Guest House; Elevating a structure on Piers Variances:Average Lakeshore Setback; Lake Setback;and 75' hardcover Public Hearing Application Summary: The applicant is requesting the following: 1. A conditional use permit for the guest house use in order to reconstruct the existing guest house with a different footprint; 2. A conditional use permit to reconstruct the guest house on helical piers; 3. An average lakeshore setback variance for the guest house;and 4. A lake setback variance and hardcover variance to permit an entry stoop to be placed within the 75-foot setback. Staff Recommendation: Planning Department Staff recommends approval,see page 7. Background The home and guest cabin on the property were constructed in the mid 1920's.While a portion of the lot is below the 1% Flood Elevation, (formerly known as the 100-year floodplain),the existing home has been elevated above the flood elevation. The existing cabin sits lower on the property and has not been elevated above the flood elevation.The cabin was damaged by the 2014 flood waters and the applicant would like to reconstruct and elevate the building. Because the construction and elevation will be done using helical piers rather than fill material a conditional use permit(CUP) is required. The construction of the guest cabin will require an average lakeshore setback variance as well as a lake setback variance for the northern stoop to be located approximately 67 feet from the OHWL;the cabin will meet the 75-foot setback requirement.Additionally,a guest house CUP is required as a CUP has not been issued,and the guest house cabin is being reconstructed in a different,expanded footprint and is in a nonconforming location. #17-3904 21 Feb 2017 Page 2 of 7 LOT ANALYSIS WORKSHEET Section 78-305,78-1279,&78-1605-Setbacks: LR-1A Required Existing Proposed Rear/Street 50' ±290' ±295' Wetland 35' 60' 54' Lakeshore 75' 93' Stoop=67' Cabin =75' Based on the home at 2165 NSD,the structures on the Average Lakeshore subject property must be at least±170 feet from the lake. The proposed guest cabin will be approximately 95 feet closer to the lake. Section 78-305-Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 165,138 s.f. (3.76 acre) IRREGULAR Section 78-1403-Structural Coverage: The property exceeds 1.99 acres,therefore structural coverage limits do not apply. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay District in Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 165,138 s.f. 41,284 s.f. 21,587 s.f. 10,944 s.f. 22,546 s.f. 11,005 s.f. (25%) (13.07%) w/in 75' (13.65%) w/in 75' Although the hardcover calculations have not been adjusted to account for the exclusion of all of the retaining walls as is permitted,the property is well below the allowed Tier 1, 25% level. Applicable Regulations: Guest House CUP (Section 78-303) The existing guest house use on the property is a legal nonconforming use.The proposed reconstruction of the guest house in a new, larger footprint triggers the need for a guest house CUP including the two requested variances for the cabin's proposed location within the 75-foot and average lakeshore setback. Elevation of a Structure out of the Floodplain on Piers (Section 78-1126) The Code allows for elevation of structures on fill. However elevation using alternate methods requires a CUP and conformance with specific engineering specifications outlined in City Code Section 78-1127(g)which will be applied and verified during the building permit review. Average Lakeshore Setback Variance(Section 78-1279) The subject property is a peninsula,with 2165 North Shore Drive across the bay as the adjacent property determining the average lakeshore setback.The home at 2165 North Shore is located r x r • #17-3904 21 Feb 2017 Page 3 of 7 approximately 170 feet from the OHWL;according to the City Code the guest cabin must be located equal to or further back from the lake than the 2165 North Shore Drive home.The proposed cabin is situated as close as 75 feet to the OHWL(or 67 feet for the stoop). Lake Setback Variance& Hardcover Variance(Sections 78-1279&78-1680) The proposed cabin meets the 75-foot setback from the lake, however the northern stoop access to the cabin is within the setback at 67 feet.Currently 10,944 square feet or 6.6%of the site's 13% hardcover is within the 75-foot setback.An additional 61 square feet of hardcover is proposed within the 75-foot setback,an increase of 0.03%.The applicant is attempting to avoid impacting the existing garden features on the property with the new cabin. The Code prohibits hardcover improvements within 75 feet of the OHWL other than the listed improvements. The stoop is not an approved hardcover allowance. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed location of the guest cabin does not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. However, the requested lake setback and hardcover variance for the stoop are not consistent with the goals to prohibit structural/hardcover improvements near the lake. 2. The variance is consistent with the comprehensive plan.The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. The additional hardcover resulting from the stoop encroachment is relatively minimal. The overall hardcover level of the property is over 10%less than is permitted resulting in sufficient surface water filtration. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance requests are residential in nature and are reasonable considering the unique nature of the property as a large peninsula on the lake. The relatively large flood hazard area and existing improvements on the property creates difficulties in locating a conforming structure. 7 ' #17-3904 21 Feb 2017 Page 4 of 7 b. There are circumstances unique to the property not created by the landowner; The location of the structures on the property and configuration of the lot were not created by the property owner;and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the stoop encroachment into the 75-foot setback, and the cabin's location within the average lakeshore setback will not alter the character of the neighborhood. Rather, the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing cabin. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as the use for a guest cabin/guest house is an allowed conditional use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The Property's location and orientation as a peninsula,functionally an island,is unique. Due to the nature of the Property on the point,the application of the setback requirements causes a practical difficulty. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Property's location on the lake is unique and applies primarily to this Property; the application of the setback requirements combined with the challenges of the flood hazard area restrict the ability to improve the Property without a variance,creating a practical difficulty. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The guest cabin can be reconstructed in kind. However,the minimal relief from the ordinance allows for functional improvements to the footprint, retaining the character of the lot and are consistent with the existing cabin. Relating to the average lakeshore setback,this condition is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter.The proposed project will not impair the health,safety,comfort,or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting of the variances will resolve and alleviate a demonstrated practical difficulty caused by the application of the lake setback and average lakeshore setbacks applied to the Property. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. #17-3904 21 Feb 2017 Page 5 of 7 Applicable Regulation: Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan; Relating to both the CUP for elevation on piers, and the guest house,the proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest cabin is in a nonconforming location, however requested variances, if granted would make the proposed improvement compliant with the zoning ordinance. 3. Adequately served by police,fire, roads,and stormwater management; Relating to both the guest house use and the elevation of the guest house on piers,the proposed uses will be adequately served by existing services and facilities. 4. Provided with an adequate water supply and sewage disposal system;Staff believes this criterion is met. 5. Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed guest house elevated on piers is residential in character and its use is expected to be compatible with the surrounding area. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house elevated on piers is residential in visual character and is expected to be compatible with the surrounding area. The flood prone nature of the area requires adjustments similar to those proposed. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed guest house is expected to be residential in character and consistent with that of the principal structure on the Property. 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the guest house elevated on piers is not expected to have any adverse impacts. No information has been presented to indicate such. Construction on piers will be less intrusive than bringing in fill,and will have no impact on the existing flood storage on the property. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The guest house will be situated similarly to the existing guest cabin on the property and will not be significantly visible when viewed from off the Property on the street side, and the views from the lake will be primarily from the bay. In the opinion of staff, additional screening or buffering will not be required. #17-3904 21 Feb 2017 Page 6 of 7 11. Not create a nuisance which generates smoke, noise,glare,vibration, odors, fumes, dust, electrical interference,general unsightliness,or other means; The proposed guest house elevated on piers is not expected to cause any of these undesirable impacts. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; It is anticipated that the proposed guest house elevated on piers will not generate any of these undesirable issues. 13. Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The proposed guest house on piers has been designed to conform to the historic architecture of the existing structures on the property,and will not have a negative environmental impact. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement;and 15. Not detrimental to the public health, public safety,or general welfare. Staff believes this criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Septic System Status The property is served by City sewer;two SAC fees were collected in 2000 for the sewer connection. 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 and Conditional Use Permit Analysis Staff finds that the peninsula configuration of the property functions much like an island yet shares a 6 foot connection with the property across the bay at 2165 North Shore Drive dictating the average lakeshore setback requirement.The subject property does not block views of the lake from the home at 2165 NSD as it is across the water from the home. Staff finds this satisfies the practical difficulty requirement for the average lakeshore setback. The applicant has opted to modify the footprint and location of the guest cabin thereby triggering the need for the variances as well as the CUP. Staff finds that the stoop on the north side of the home can be removed as there are three other points of egress on the cabin. The proposed development suggests hardcover levels beneath the Tier 1 allowance;there is sufficient pervious area offering infiltration opportunities on the property. The conditions applying to the two different conditional use permits relating to the guest cabin have been satisfied according to staff. The engineering standards applied to the CUP for the structure to be elevated out of the floodplain via the helical piers will be reviewed and applied at the building permit stage. r #17-3904 21 Feb 2017 Page 7 of 7 Engineer Comments The MCWD will be reviewing the project from a floodplain impact standpoint.The Building Official will assure that the engineering specifications required within the floodplain regulations are met as part of the building permit review. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends as follows: 1. Approval of the guest house CUP with the standard covenants; 2. Approval of the CUP to permit the guest house to be constructed on helical piers within the floodplain; and 3. Approval of the average setback variance for the construction of the new guest house cabin. Additionally, if the planning commission finds practical difficulties relating to the floodplain, topography, and layout of the property exist; that the property offers sufficient surface water infiltration opportunities; and that the stoop within the 75-foot setback will not create a visual obstruction,approval of the setback and hardcover variances may be appropriate. If the planning commission does not find practical difficulties supporting the stoop location, a denial recommendation would be appropriate. List of Exhibits Exhibit A. Applications Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Conditions Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. City Code Sections Exhibit H. Aerial Photos Exhibit 1. Site Photos—from Applicant Exhibit J. SAC Payments Exhibit K. Property Owners List Exhibit L. Plat Map r . PC Exhibit A City of Orono #17-3904 Variance Application 1.§1 ,- -01\1 !V Sheet address: Application# / 7..-4. rJ-r`O 2750 Kelley Parkway Orono,MN 55356 Date Received /—/ i 7 Main: 952-249-4600 Staff hei e_ fax: 952-249-4616 Fee >670-19 P.O.Box 66 A d as: Escrow#&$ ��� tit C> Crystal Bay,MN 55323 0066 Permit Fee 1kkS HO�t Notes Please complete. Applicant will be notified within 15 days as to the status of the application. incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 2010 5tionLIN? PP.tve . Ostom o 1 MN 55391 DESCRPTION OF REQUEST: A VARIAN/LE FROM nie AVEPA4E LAKES ii on 5E1 fbAGK. (attached additionalAAsheets a ii�ssary) 5E4 ib-- 12.7 q C bet) APPUCANT I AGENT INFORMATION: Applicant Name: _ L.-MARE L UtLLAr4p PIRG Fi I TE GT 11tE• Phone(Primary): (0 I2. • 3ll • 9 9 Bi} Applicant Email: It/Amid) lM4trr;$ LAI timid. co hn Address: ill LOGAN AVC. S , City: M PL, . ZIP: 95`f'O? Applicant is: Contractor Homeowner (Circle One) A item (Tea PROPERTY OWNER INFORMATION: ❑check here if property owner is same as applicant Name: MAttTNA MY HEAP Phone(Primary): Ult. • /10 • 11 til Mailing Address: _ 1 b ( p W. 2-7.-mo 5T. City: M PLS ZIP: 55'f0 5 Email: bead y,n j.c,trg a AO t . CO Ks APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees(staff time not covered in the original fee payment)and/or consultant expenses incurred in review of this application,and • Certify that the Information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until It is complete or to recommend the request for denial of the request regardless of its potential merit • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents, Commission and Council Members for purposes of investigation and verification of this request • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend In place of the applicant/owner and advise the City Planner assigned to your project Applicant/Agent Signature: 4f-441:L. 1/ 1.a..t.tin. 1 -- Date: /. /8 • 20/1- Applicant/Agent Signature: -1 Date: Property Owner Signature: " I `` iit-ik. Date: I. /6 • 20/T Property Owner Signature: Date: RECEIVED Variance App/kation—May 2018 Pie 2 JAN 1 82017 3904 CITY OF ORONO i City of Orono Conditional Use Permit Application Sheet Address: Application# �O/t, O Orono, Parkway Oronn MNo,MN 55356 Date Received / -1 8-17 Staff 41 l Main: 952-249-4600 fax: 952-249-4616 Fee ,� Mailing Address: Escrow#&$ A P.O.Box 66 �e G~ Crystal Bay,MN 55323-0066 Permit Fee 'kEsHO1- Notes Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: 249 0 (Non l N$ D RIV a otkow 0 , M N SS 3 1 j APPLICANT I AGENT INFORMATION: Applicant Name: LAVItE'1, UU.MJQ ARCH tTlrt-Tut-E Phone (Primary): ___ (i12. ! - S9e'f Applicant Email: *lb rc.t i IAA,►rG 1 iA 1141.1464 . LPW' Address: �ww L�1G,�►t�f: f�V E el, City: /& LS ZIP: 554+01A Agent Name: __ Agent's phone number Agent Email: Applicant is: Contractor Homeowner (Circle One) rrktP-GH t Tt:cX PROPERTY OWNER INFORMATION: 0 check here if property owner is same as applicant Name: MA RTHA MEYE -S He/4 P Phone(Primary): l,12 •1gi 0 • I/841 Mailing Address: 1 Id I l4 W. 1.12,NO ST City: M Pt.S ZIP: 554-05 Email: _ 1r►LIuts4.1t�LrSL AOI I. Lo vv. APPUCANT/AGENT AND/OR OWNER:J • 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. • Ovlr and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: l- ( 'i.e_S- ( - Applicant/Agent Signature: v , r � I Date: Property Owner Signature:`�I 1VtAA ait to}6 . " —L�QDate: 1- i B • 20 f'. Property Owner Signature: Date: CUP Application-January 2016 RECEIVED Page 2 JAN 1 8 2017 CITY OF ORONO # 3905 2090 Shoreline Drive A 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 612 874 1086 I p Application laurel@laurelulland.com Conditional Use Permit e Project Narrative Laurel Ulland Architecture January 18, 2017 Property Address: 2090 Shoreline Drive, Orono, MN 55391 Parcel Area: 3.79 Acres, or 165,138.1 S.F. (See attached EFN certified property survey) Property Owner: Martha Meyers Head, Trustee Property Type: Seasonal Residential Recreational, Non-Homestead Tier Assignment: Tier 1 Project Narrative: The property owner seeks a Conditional Use Permit to allow for the replacement of an existing structure, noted as "cabin" on the certified property survey, on property located at 2090 Shoreline Drive in the City of Orono. Based on City Code Section 78-1127(g), the property owner proposes to use an alternate method to elevate the new structure above the established floodplain or contour line 931.5, as noted on the property survey. Sec 78-1127(g) states that "alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation (932.5)." Based on the recommendation of the soils report prepared by Haugo GeoTechnical Services, issued April 29, 2016, and attached to this application, the owner proposes to use helical piers to support the new structure. Two soil borings were completed on the property in the area of the existing cabin. The report indicates that "the topsoil, existing fill, organic silt and very loose sands are compressible and not suitable for foundation support". Further, "soil corrections to remove the compressible soils will require excavations extending to a depth of approx. 19 to 24 feet and will require extensive dewatering". The proposed helical anchor system will extend through the compressible soils and bear on the underlying native dense sands and lean clays to support the main floor beam structure. The proposed new structure will replace an existing cabin and will be used by the family as a seasonal residence. The existing cabin is one of two summer residences located on the property and used by the family since 1925. No basement or crawl space will be constructed below the main level of the new structure. The helical pier support system will be used to support 16" floor trusses at the main and upper levels of the residence. Minimal excavation or soil disturbance will be required. In consultation with structural engineer, Eric Bunkers, of Bunkers and Associates, the preliminary helical pier plan proposes the installation of approx. 50 helical piers to be used to support the structural beams and floor trusses. (See attached preliminary schematic plans, elevations and building section prepared by Laurel Ulland Architecture.) The footprint of the proposed new structure is approx. 2643.25 S.F. The "land disturbing" activity related to the installation of the helical piers will be substantially less than 5000 square feet and will not involve grading, excavating, filling or the storage of soils on the site. Helical piers are "threaded" into the soil using a small bobcat. Existing and final grades will not change. 2090 Shoreline Drive A 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Conditional Use Permit 612 874 1086 I p Application laurel@laurelulland.com i e Project Narrative Laurel Ulland Architecture January 18, 2017 The impervious surface or hardcover on the property will increase minimally with the construction of the new cabin. An additional 873 S.F will be added to the footprint of the new structure, over and above the footprint of the original cabin. This will increase the impervious surface on the property by approx. 0.58%, or less than 1% of the total hardcover. The existing hardcover on the property totals approx. 13.07 /0 of the 3.79-acre property. It will increase to 13.65% of the total property, if the new cabin is constructed. The proposed new cabin, along with the existing principal structure, noted as the "2-story wood frame house" on the property survey, constitute approx. 3% of the hardcover on the property. The floodplain area of the parcel is significant. Except for the raised area and hillside located at the west end of the property, where the principal structure is sited, the majority of the property is below the 931.5 contour line, the 100-year flood elevation. There are no alternate locations for the replacement of the existing cabin, without constructing within the established floodplain. The existing grade elevations on the property are under stress by higher lake levels, managed by entities outside the control of the property owner. The property has been held by the same family for over 100 years. The current heir proposes to continue to use the property as a seasonal family residence. The existing cabin is no longer suitable or habitable for the children and grandchildren of the property owner. The owner seeks to replace the cabin with a new structure basically in the same location as the current structure. The southern perimeter or edge of the new structure will remain the same. The new structure will shift approx. 15' to the west. This will allow the established landscape and gardens on the property to remain in place and it will allow the new structure to be located well beyond the 35' setback or buffer associated with the delineated wetland. (See the proposed property survey for reference.) The elevation of the new structure has been designed to set the top of the main level subfloor at the Minnehaha Creek Watershed District's "low opening minimum" of 933.5. This will allow for all service utilities, including ductwork, to be elevated above The City of Orono regulatory flood protection elevation (RFPE) of 932.5, as outlined in City Code Sec 78-1125 (e). The schematic plans include two mechanical rooms located on the main level of the residence. The mechanical rooms will allow for the installation of all HVAC equipment, as well as electrical, AV/data, and plumbing equipment, to be located above the RFPE. The main level and upper level floor plates will be structured with 16" floor trusses to allow for the installation of ductwork, as well as electrical and plumbing lines, within the floor plates. Additional mechanical equipment will be located in the attic space above the upper level of the proposed structure. All exterior skirting or base materials at the perimeter of the house will be designed to prevent flood waters from accumulating below the main level floor structure. A preliminary review of the proposed project by the Minnehaha Creek Watershed District indicates that issues related to erosion control, wetland protection and floodplain alteration will have to be addressed. A Water Resource Permit Application Form has been submitted to MCWD and a joint meeting between the City of Orono and MCWD has been scheduled to ensure compliance with all permit requirements. 1 j 1 2090 Shoreline Drive A 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Conditional Use Permit 612 874 1086 I p Application laurel@laurelulland.com e Project Narrative Laurel Ulland Architecture January 18, 2017 The existing grade will not be altered by the proposed construction, nor will the soils be disturbed by excavating, filling or storing of soils. The impact of the helical pier installation will be minimal. Wetland delineation has been completed by Anderson Engineering in conjunction with the preparation and certification of the property survey by Egan, Field & Nowak (EFN) in August 2016. The new structure has been located to avoid any encroachment of the 35' wetland buffer zone identified on the proposed property survey, dated January 9, 2017. The proposed increase to the impervious surface on the property is well below that allowed for a parcel of this size. (See existing and proposed hardcover calculations prepared by Laurel Ulland Architecture and Egan, Field & Nowak.) The property owner, building contractor, architect and consulting engineers are committed to best management practices in order to eliminate or mitigate any negative impact that the proposed construction may have on the property, and will work with the City of Orono and the MCWD to review all pertinent rules and regulations. PC Exhibit B #17-3904 2090 Shoreline Drive 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Variance Application 612 874 1086 I p Practical Difficulties Form L „J laurel@laurelultand.com I e January 18, 2017 Laurel Ulland Architecture Practical Difficulties Documentation Form: Property Address: 2090 Shoreline Drive, Orono, MN 55391 Parcel Area: 3.79 Acres, or 165,138,1 S.F. (See attached EFN certified property survey) Property Owner: Martha M Head, Trustee Property Type: Seasonal Residential Recreational, Non-Homestead Zoning Classification: LR-1A Tier Assignment: Tier 1 Practical Difficulties CritPrict: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." The property owner proposes to use the property in the manner it has been used for nearly 100 years, as a seasonal recreational residence. The property is currently zoned LR-1A, One-Family Lakeshore Residential. The Head family has used the property as a summer home since the original structures were constructed in 1925. There are two existing dwellings on the 3.79-acre property, a "2-story wood frame house" and a "cabin" (as noted on the property survey) as well as two small accessory structures. The existing structures pre-date the current zoning ordinances defining lakeshore setbacks. No improvements are proposed for the 2-story main structure or for the existing accessory structures at this time. The property owner proposes to replace the existing cabin, however, with a new residential structure to be located in a similar manner. The existing cabin is an accretion of several old and poorly constructed out-buildings and is no longer suitable for the family's use. The location of the existing cabin, and of the proposed new structure, is non-conforming with respect to the current zoning ordinance defining the average Lakeshore setback. The property owner seeks a variance from the average lakeshore setback as defined in Section 78-1279 (6a) for a new structure with a different footprint and massing from the original cabin. As Section 78-1279 (6a) notes: "In situations where improvement is proposed on a lot adjacent to a vacant lot or right of way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved Lakeshore lot." Based on Hennepin County aerial property maps, the adjacent lakeshore property is located at 2165 North Shore Drive, to the north and several hundred feet around the bay from the 2090 Shoreline Drive parcel. The residence on the adjacent property is not visible from the residences located at 2090 Shoreline Drive. 2090 Shoreline Drive 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Variance Application 612 874 1086 p Practical Difficulties Form laurel@laurelulland.com i e January 18, 2017 Laurel Ulland Architecture The existing residence at 2165 North Shore Drive is located approx. 143 feet from the Lakeshore. The existing cabin at 2090 Shoreline Drive is located approx. 93 feet from the lakeshore. The new structure is proposed to be located approx. 75' from the lakeshore. The property owner proposes to locate the new structure somewhat closer to the lakeshore to accommodate extensive and existing gardens on the property. The new structure will also be located somewhat to the west of the existing cabin to avoid the 35' delineated wetland setback. The southern edge of the new structure will remain in the same location as the southern edge of the original cabin. To locate the new structure equivalent to the adjacent property setback of 143 feet will cause great harm to the existing landscape and gardens on the property. It will also create a conflict with the existing 35' setback from the delineated wetland. The proposed location for the new structure maintains sufficient distance from the 35' delineated wetland setback and avoids the wetland buffer. See attached certified property survey for the location of the proposed new dwelling relative to the wetland buffer. The proposed new cabin will be larger than the existing cabin in order to accommodate mechanical rooms set above the required City of Orono Regulatory Flood Protection Elevation (RFPE) of 932.5 and MCWD low opening requirement of 933.5. The new structure will be constructed without a basement or crawl space. It will be supported by helical piers in order to protect existing grade elevations, avoid excavation of existing soils and reach soils suitable for foundation support. Refer to the Conditional Use Permit application for additional information and to the soil report prepared by Haugo Geotechnical Services and dated April 29, 2016. The footprint of the new structure will be 873 sq. ft. larger than the footprint of the existing cabin. The hardcover on the property will increase from 13.07 0/0 to 13.65%, well below the maximum allowable. The footprints of the existing 2-story principal structure and the proposed new structure account for approx. 3% of the hardcover on the property. The footprint of the new cabin, along with that of the existing accessory structures (gazebo and pump house), totals 3051.7 sq. ft., below the 3200-sq. ft. allowable for accessory structures on a property of this size. 2. "The plight of the landowner is due to circumstances unique to her property and not created by the landowner." The property at 2090 Shoreline Drive is one of the most unique properties on Lake Minnetonka. It comprises nearly 4 acres of land on a peninsula or point of land on the north and west side of the Arcola Bridge, a bridge connecting Crystal Bay with Minnetonka Beach. It is accessed by a gravel drive that travels under the existing SOO Line railroad trestle. It is isolated from adjacent properties. There are no immediate neighbors or adjacent structures in the traditional or "typical" sense. The average lakeshore setback is determined by a distant residence to the north that is not visible from the property. The unique characteristics of the property create a "practical difficulty" not of the property owner's making. The property owner seeks to replace an existing cabin that is no longer habitable with a new cabin, similar in character to the original cabin and to the existing 2-story main house on the property. The proposed new cabin is subject to zoning regulations not in place when the original cabin was constructed. 2090 Shoreline Drive A 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Variance Application 612 874 1086 p Practical Difficulties Form laurel@laurelulland.com i e January 18, 2017 Laurel Ultand Architecture The property is also unique in that it is only used as a summer residence, from May to October each year, not as a year-round residence. The property has been held by the same family for 100 years. It will continue to be used by the family as a seasonal residence, one of the few properties that maintains this historic use. The current zoning ordinances have come into play since the family started using the property. The original structures are still on the property and maintained in their original condition and location. In order to improve or replace original structures, the property owner is now subject to regulations that require city review. These regulations were not known at the time the family acquired the property. The existing grade elevations on the property have always constituted a "practical difficulty" but have not been changed over the course of the current landowner's tenure. The landowner does not propose to change the existing grade elevations with the construction of a new cabin. Much of the 3.79-acre property has a grade elevation below the regulatory flood protection elevation (RFPE) established by the City of Orono. The main house is set on a hillside on the west side of the property and is located above the 100-year flood elevation of 931.5. The existing cabin, however, is located within the floodplain. It is not located within the delineated wetland nor within the wetland buffer located on the north side of the property, but it has been impacted by rising water levels, a result of water level control measures taken by various Lake Minnetonka governing bodies and outside of the control of the property owner. The property owner seeks to use best practices methods to protect the existing grade "as is" and to follow the recommendations set forth in the soils report prepared by Haugo Geotechnical Services when constructing the new structure. 3. "The variance, if granted, will not alter the essential character of the locality." The granting of a variance to the average Lakeshore setback to allow for a new cabin to replace an existing cabin will not change the essential character of the property or locality. The design goal for the new structure is to match the original style of the main house and the existing cabin that it will replace. Both structures were constructed around 1925. Minor changes have been made to the structures over the years but the seasonal nature of the cabins has remained. A gambrel roof structure will be used to match the original cabin. Shingles, siding, windows and exterior materials will be similar in quality, size and color. The new structure will be upgraded to include a year-round HVAC system, although the family does not anticipate using the cabin during the winter months. The character of this specific property will not be altered by the proposed changes. It is virtually invisible from other properties in the immediate locale, except if viewed from the water. The property list obtained from Hennepin County lists five adjacent properties, only two of which have residences on them. Neither of the two residences are visible from the existing or proposed structures located on 2090 Shoreline Drive. The property is essentially a throwback to an earlier time when Lake Minnetonka was used by seasonal residents, not full-time residents. 1 , 2090 Shoreline Drive L1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Variance Application Practical Difficulties Form 612 874 1086 p `� laurel@laurelulland.com I e January 18, 2017 Laurel Ulland Architecture 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." Economic considerations are not a part of this application and pose no practical difficulty to the continued use of the property by the current property owner. Reasonable use of the property will continue into the future with the next generation of the family that owns the property. The new cabin will be used by the children and grandchildren of the current owner. It will be a more up-to- date version of the existing cabin, with amenities to match the main house, but the use of the property will not change. The existence of two cabins on the property might be considered "non-conforming", according to the current zoning ordinances related to the LR-1A classification, in the sense that both dwellings have been used by siblings of the original owners and are equal in that regard. With the death of the original family members, one might consider the existing "2-story wood frame house" as the principal residence, and the smaller "cabin" as a guest house or accessory structure but they were historically used by two separate but related families. The proposed new cabin will be used by the offspring of the remaining family owner and heir. It will not be used as a rentable unit. The new structure is meant to replace, not increase, the number of residences or accessory structures on the property. The size of the property is approx. two times the size of the minimally required property for the current zoning classification. 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. Not applicable. 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." The property will continue to be used as a one-family residential property, for seasonal recreation. The zoning classification is LR-1A. The proposed changes to the property do not seek to alter this classification or impact other properties located in the same zone. The property owner seeks to replace an existing cabin with a new cabin, with a slightly larger footprint, in essentially the same location on the property. It will be used in the same way that the original structure has been used, by family members for the summer months of each year. The total square footage of the footprint of the new structure, along with the square footage of the two existing accessory structures, does not exceed the maximum allowable for a property of this size. The total hardcover on the property will be increased by approx. 0.58% or about 1/2 percent. This constitutes a negligible impact on the property. A separate Conditional Use Permit will be sought 2090 Shoreline Drive 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Variance Application 612 874 1086 I P Practical Difficulties Form laurel@laureluUand.com ( e January 18, 2017 Laurel Ulland Architecture to allow the construction of the new structure using alternate methods of construction to ensure that the existing floodplain, grade elevations and soils remain undisturbed during and after construction. 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. Not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The special conditions that characterize both the existing structures and the property located at 2090 Shoreline Drive are peculiar and unique even to the varied and irregular properties that are located around Lake Minnetonka and in the surrounding neighborhoods and districts. This property is nearly invisible from adjacent properties. It comprises 3.79 acres on a peninsula that is accessed from a gravel road under a railroad trestle. The old SOO rail line separates the property from all other adjoining properties. A major bridge, the Arcola Bridge, is located to the south of the property, separating the property from Minnetonka Beach. The closest residence is located to the north of the property, several hundred feet as the crow flies over a small bay adjoining Crystal Bay. Because of the isolation of the property from adjoining properties, it is difficult to apply standard zoning regulations or even rules governing average Lakeshore setbacks. A variance to the average Lakeshore setback is sought by the property owner because of the difficulty of applying the same Lakeshore setback that exists at the nearest adjacent residence to this unique parcel. The owner hopes to replace an already extant structure with a new structure, in the same location. A "practical difficulty" will arise if the new cabin cannot be constructed at the location of the existing cabin. The original structures on the property are peculiar to the immediately adjoining properties and predate current zoning ordinances and setbacks. The original 1925 "2-story wood frame house" is located at the highest elevation on the property approx. 48.9 ft. from the west shoreline and occupies the entire hillside above the 931.5 contour line. The existing "cabin" is located approx. 93 feet from the north shoreline, within the currently defined floodplain. Both buildings are used as summer homes by a single family, not as year-round residences. A typical setback for this zoning classification is 75' from the shoreline or it is defined by the average distance from the shoreline of existing residences on either side of the property. Because no residences adjoin the property on either side, the average Lakeshore setback is governed by a property located to the north that is adjacent but not comparable. The adjacent property has a setback of 143 ft. from the Lakeshore. We propose to set the new cabin 75' from the north shoreline, maintaining the southern edge of the structure but moving the new structure westward to avoid the wetland buffer. 2090 Shoreline Drive A 1718 Logan Avenue South Minneapolis, MN 55403 Orono, MN 55391 Variance Application 612 874 1086 p Practical Difficulties Form laurel@laurelulland.com i e January 18, 2017 Laurel Ulland Architecture The grade elevations for a significant portion of the property are generally lower than the established 100-year high water line of 931.5. The existing cabin is located in a floodplain below this elevation at the 930.5 contour line. There is no other area on the property that the proposed new structure can be located that will not be below the 931.5 contour line. This constitutes a peculiar and special condition, unique to this property. The property has been owned by the same family for approx. 100 years. The current owner hopes to maintain the property as it has been used over the course of its history and allow the next generation of the family to continue to use the property in the summer months, for years to come. The owner is willing to apply for a variance to the average lakeshore setback and to apply for a conditional use permit in order to replace the existing cabin according to current zoning rules and regulations. All means and methods will be used to construct the replacement structure to meet current requirements. The new structure will not require excavation or a change to the existing grade elevations. It will be supported by helical piers, with no basement or crawl space. All utilities and services will be located above the City of Orono's RFPE. The main level subfloor of the new structure will be set at 933.5, the MCWD's low opening minimum requirement. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." As outlined above, the property and structures at 2090 Shoreline Drive are unique and peculiar. Even though there are many varied and irregular properties located around the shores of Lake Minnetonka, it would be hard to name other parcels or structures that are characterized by similar conditions. This large parcel of land is still used as a summer only residence and is virtually invisible from adjacent properties and neighborhoods. The existing and proposed hardcover on the property comprises approx. 13% of the parcel. The two residential structures constitute only about 3% of the hardcover on the property. The owner has a desire to maintain and improve the property in a way that supports the original use of the property, for future generations of the family. The property has been stressed by rising water levels. Yet, the owner is committed to saving the property and enhancing the historic use of the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of a variance from the average lakeshore setback, as outlined in Sec 78-1279 (6a), will allow the property owner to preserve the existing character of the property. The proposed new cabin will replace a substandard cabin with a residence that the owner's children and grandchildren can use for many years to come. The new structure will blend in with the existing structures, using many of the same exterior materials and details. To be able to locate the new cabin in the same place on the property as the existing cabin will allow the preservation of the existing topography, cause little disruption to the existing floodplain and will not impact the delineated wetland along the north shore of the property. The property itself and the structures located on the property will remain nearly invisible from the adjacent properties. Hopefully, the property will continue to be enjoyed for another 100 years by the owner's heirs. 2090 Shoreline Drive 1718 Logan Avenue South Orono, MN 55391 Minneapolis, MN 55403 Variance Application 612 874 1086 I p Practical Difficulties Form laurel@laurelulland.com i e January 18, 2017 Laurel Ulland Architecture 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The proposed changes to the property will not impair health, safety, comfort, morals or be contrary to the intent of the current zoning ordinances. Means and methods of construction will be specified to protect the existing property and maintain its current condition. Best practices will be used to ensure that soils are not disturbed, that the floodplain is not impacted by the work, and that all means to protect the delineated wetland and shoreline will be used. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The granting of the variance from the average Lakeshore setback does not constitute a convenience for the property owner. A significant portion of the property is impacted by the practical difficulties described above. The ability to replace a failing, existing structure on the property will be aided by the granting of a variance to allow for the construction of a new structure in the same location. By constructing the new structure in the same location, the impact of the construction will be minimal and the remainder of the property can be maintained in its current condition. I '" N895959'W 458,47 --- CERTIFICATE OF SURVEY PC ! - / - - 1 - MARTHA HEAD ;, Exhibit C NORTH UNE OF SECTION 13,----/ / ' FOUND H£NNEPIN COUNTY TOWNSHIP 117 N.RANGE 23 W / / CAST IRON MONUMENT----, #17-3904 3.s. CASTI O CORNER 63) Sp LEGAL DESCRIPTION: - - \ / Thal port of Government Lot 1,Section 15,Township 117.Range 23.and of the accretions in said Section 15. \ / described es follows: __----_- I \\\ / / / Commencing 59g seccMeander Corner No.63 located on the north line ands West seamed bearing along sold north One al soid distance of 456.47hence North 89 feet to the westerly ea 59 __--- \ right-of-way the of the St.Paul,Mhneapdie and Manitoba(Great Northern)Railway,thence South 17 degrees 07 Ywe I \ pn, minutes 41 seconds West.along said westerly right-of-way line,a distance of 1292.86 feet to the point of beginning _ ,my \ ^ of the land to be described:thence North 72 degrees 52 minutes 19 seconds West a distance of 6 feet.more or l ewes \ less,to the share Zine of Lake Mhnetonko:thence tedy.southedy,northerly and easterly.long id More line to /` �- -- l '••\ \ h/ / point on said westerly right-of-way line distant 360 feet.more or less,southwesterly from the point of beginning; ear Suer \ \ / thence North 17 degree,07 inutee 41 seconds East,along said westerly right-of-way line,a distance or 360 feet. ....'00/ c ''' ----;"1 C.�',r.our �,.1yy'--' ' '\ \ xw. \ more or less.to the point of beginning. / E r \ \\ --EDGE OF DELINEATED \ / / / Together with o nonexclusive appurtenant easement far ingress and ogres.in that port of sold Government Lot 1 /;:f/- � r (�``\. / y1.,M 1 W 1' / wETLANO \\ /,,, described as follows: / / 4� syli y UNE ,Y 2't / •' ' SDRC xAns 'u \\ \ J2r7y^ Beginning of a point on said westerly right-of-way line.distant 1 feet south from the north Hine of sold / \ 6 F IN / Section 15,as measured Song sold eetMy right-of-way line;thence South 72 degrees 52 minutes 19 seconds efe° if'"" woos \ \\ \ FEE.,,, `y, East aa distance of 50.00 feet;thence North 62 degrees 07 minutes 41 seconds East a distance of 35.36 feet; \ --!'of ,-931.5 CONTOUR *orb\ \ N * 1 1 thence North 17 dogreaa 0]minutes41 pconde East a tlletanca of 1]8.80 feel;thence St]2 degrees 32 �_ ` .wk/ 9.1)y/ �'•r'° 14>'. \we \ i SO / minutes 19 seconds East a distance of 25.00 feet to the easterly right-of-way the of the St Paul, easeapols and / '��_ --�`' 4.g s •ter�\ \\ / - / Yankoba(Creat Northam)RoOway,Ihancs South17 degsee 07 minutes 41 ass ds WSN,along pial eestMy �� _ * a.• •� / 1 right-of-way line,a distance of 203.60/s.1:thence South 62 degrees 07 minutes 41 seconds Went a distance of .w. ease , Y. --- ,--- ,°-\ 0s..=r I, G""Ar' \ }\\ LAKE MINNETONKA see 35.36 feel: lire; North N degrees sz whales 19 eew a.cVlestons a set,So of 75.00 ted to said w way line. / /- -- _ uj� xe]DA Q{\ > xw'' N h / I i``l�_pgNT IN / / right-or-way Hine;finance the p 17 Of bag 0]minutes 41 ascends Eml,along pia 7. right-of-way a ''-r b / f GINNING / dietonq of 25.00 Ml to the t / hnh set fid,h CR Doc.No.8318737. /////.2 aae,i_ 4L �;•° 47\ \ pain o beg g.as '�* .. e,rry \_ \ \ SHORE LINE OF LAKE MINNETONKA / J rt(1� WT70 FIELD LOCATED AUGUST 18TH,2016-- 1 �// _ \\ \'h1 �STC'P�' EIE .4:7 I STARS x 0r\ / \\ \ / I / �i/: y��N�a� �l( ,A �� .,� lou' • N��.�on A, / ;/ / 8 Cq I i•r(wAu Cx �4e\ ° \ �\ / / �' / NOTES: / / /� �e (410,,,,,„ RETAw�We A illy. $ '� I �\ _uOs 0 I l �� WALL J_ /ii,JI \ F.FE G qj / 1.The orientation of this berth a tem M boxed on the north line of Section 15.Township 117,Range 23 which le Use /�RIBW R 'l (•y'ie'r� 9335 ,. / _ _ / / I q/ 'g.\ 1 / assumed to have a bearing o9 North 89 degrees 59 inhales 59 ascends West. I W,,s/ ` le \ ) 1'4eY•\•'Ai`a '9 8 LANDSCAPING 2 . N8794"PJ'w 1787) , I "L r r / '8 3! 2.The area of the property to the shore Ihe of Lake Minnetonka ie 379 acres more or less p�• j1tl / � N 1 l G 2:: :Qs I tiJJ -: �_57Q4E PATH / `Fv wee j'�-scantL4 / / g / _ ![ / 7 / / ,':>' \ \-::.,\ STLWf / // / / �' V 3.No tulle work was furnished far the preparation of lois survey a verify the legal dewlplbn,or the existence of l „L,\ G' 4. s'PAKRS �a.fo- \ f 1 ��ipi= any easements or pambrancp affecting the Property. + +� ,\j�\x �+ \ soo / ,-STONE PATH '-------- � I / / key' 7 4.Exethg utilities,seMcp d underground structures shown hereon werelocated bused upon observed evidence. \(e\ ^ ., (� I J ff Verification and location of all utilities and services Mould be obtolnetl from the owner of the respective utY'trae ( � Fe• � a�TrrcmN,`. ..� di ( (: AJJ xene � / / /' _gee I ! 5.BENCHMARKWaterelevaper OronowebsiteonAugust 17t2016=92946/9I 931.5 CONTOUR I / y3II� _ I ' `g' ' I / Q 3 O \. 6.Welland&Gnash.was performed by Anderson Engineering of Minnesota.LLC on August 10th,2016. 1 II ,„,,, 4404,10.,.... . , k., I I \�``\,g d'*zF \‘ w\\`'' e \\ ./ \ �((+;� ,ii, �"RErAmnNc ��e I ( �}' I1 J// ¢L� J 7!�! on.e1 1 SAI 1 _ �', �� f `.' "R WALL .1_ 44. ./I ` .\ ,___ tI:' Q/ „ CSAk NQ IS I � is r, A� s>.,„, - WESTETW.r mcHr OF WAY OF * !_ Q lr° HARDCOVER CALCULATIONS 1 ,'" ��i v'sw4��r�410'7r `� � LANOscAP/Nc xa7u II .r O� Tic ?/�eZ. k„ a.? 9T \\ ��\ T' `I ` °•+`BR�A`''� xsxir eve A 1 -` I +\ SS el 1 iI P 1.2. Grant,ho ms s,garages.sheds.gazebo.boat house)= 15.481.. S.F. WALLS\ ..s \ __ / ?�! V v ? l / \ S. Concrete/alone(aprons,walks,paths,edging) 1,870.6 S.F. _ R Q \ 1* `4. 4. Decks= 373.1 S.F. s kn. 4 !M 5 A. Q $r/ \l S. Retaining wells(inside 75 fool shore setback)= 400.4 S.F. \\\\ L •\ G°J SW ssr v ` .4 _! v/ Q! / 8. Retaining idle(outside 75 fool More setback)_ )O8.2 SF Via.,- G.' r^\ -931.5 CONTOUR N ,,= Q' by/ O Total Hardcover= 22,425.4 S.F. x.Ala ` A icy e a / 14, Total Lot Area(to \ / l esus /\ &/1/i/ J ExisOng Hardcover Percentage- 165,138.1S F. soar / • /1` / 0n-eato %• /4'. &,. / / �� \ \\ \\ --BAYLDER ( /�//1//C_g3j5 C /�y \� 0, 1 / QeJ �� ^a/ $: / y� CERTIFICATION: 73 \\\ / / / /�jsont- TwR\ \\' \ ° r, l 1 y �J�/` ^/ L/y. / ` l hereby certify that this survey.plan.or report was prepared by me or under my direct supervision and that I a \ ' / / T �, r arT� an ' xwos \N. xwn. ff f� O I,. Wy ^ duly Licensed Land Surveyor under the Iowa of the State of Minnesota. m a \ \ i / ire \ - '? V �/ ,Qi /b Date or rwy. at t8,zot8. D ..1 \41' / /-O0.' �xea,�' ,� f ' ^4 p/ GT,�� O' Daa tomb«e.zol6. v l\�\ �, 0, g �"'°�' '"raf:1„ ewe env 4_ c/ 2 lv / 9^a r \ / / / `'.**!ILC �1 ts0 / \ \\\ l r ii:y /// yFN ,\ \' „$Y:e.,V 2 y&� vo,' / �' Len J. d \"�/......;#'/„,„,// -\ �� j-eup, -EDGE OF DELINEATED / / / V( 6 /^ Minnesota License No.22033 T • ` u� .'�9ETLAND 2 of rr-- \� \ f1\'4 / \\,,\,„_...._ 8� Jzs�/ � / f.' 111 ' // b �\ _ _ / t-_ 'l / V I ` �/ / \ °\ - / �y STONE m PAN r/ des °--- -.�/S�� ,i625`"� A etas ` / ` __-��� *t j` / I i LAKE MINNETONKA e -� '-,,‘„1"--4,- \ /l / 1 8 '•,a7� 116.0rv1 ` A 29i (�� I /_° / / LEGEND 4, // I / / I Imo / 50 0 MANHOLE -X-FENCE UGHT //////BUILDING LINE SSW o>*/ II,I / // PO11 IWER POLE WITH LIGHT ® COMMUNICATION BOX ® AIR CONDITIONER 0 1X 2X 3X / ® / -1 GUY ANCHOR A. SIGN _ /41� /I I -O^'-OVERHEAD WIRES I BITUMINOUS URFACE SCALE IN FEET R GAa'e0 j // / 0 GAS METER `,' ,'I CONCRETE SURFACE / I ''_:5:'1 GRAVEL SURFACE OO FOUND CAST IRON MONUMENT elk\ ISL�� / / / +re FOUND JUDICIAL LANDMARK l\\_. FIELD BOOK PAGE FIELDWORK REVISIONSSURVEY FOR: PROPERTY ADDRESS: 2791 59 CHIEF: 1229 Tyler Street NE,Suite 100 SW NO. DATE DESCRIPTION CERTIFICATE OF DRAWN BY: Minneapolis,Minnesota 55413 DRAWING NAME: LGC Martha Head 2090 Shoreline Drive 1114IEFN pFAX(61212 4666-33 0 OB5N0.3X XX% CHECKED SURVEY Orono, MN 55391 Egan.Field&Nowak, Inc. W W W.EFNSURVEY.COM BY: COPYRIGHT 0 2016 By EGAN,FIELD 8 NOWAK,INC. FILE NO. XXXX ISN lend surveyors since 1872 SHEET 1 OF 1 PC NB95939"W 458.47 CERTIFICATE OF SURVEY Exhibit D ' / ; / - MARTHA HEAD LINE OF SECTION IS-----' FOUND NENNEPIN COUNrY #17-3904 NORTH TOWNSHIP 117 N.RANGE 23 W / UST IRON MOVUNENT----, Sp ) (MEANDER CORNER 63) Sp LEGAL DESCRIPTION: - / That part of Government Lot 1,Section l5,Township 117,Ronge 23.and of the occretiona in sold Section 15. k" described as follow.: -.- \\ 3 / Commencing at Meander Corner No.63 located on the north Inc of said Section 15;thence North 69 degrees 59 --_--- \ ^/ / / minutes 59 seconds West,osaumed bearing donq said north line,a distance of 458.47(est to the westerly _----- \ right-of-way line of the St.Pool.MMneapolie and Manitoba(Great Northern)Railway,thence South 17 degree.07 rtlea I \ pn minute.41 seconds West.Wong said westerly right-of-way Zine.a dietaries of 1292.86 feet to the point of beginning _ --Mel v \ ry of the land to be described:thence North 72 degree.52 minutes 19 seconds West a distonos o/6 feet.m or 0 �!'.„ aeo. \ less,to the shore Fele of Lake Minnetonka;thence westerly,southerly,northerly and easterly.Wong said shore line to - ` �wr ,,\ \ a point on said westerly right-of-way line distant 360 feet,more or lees,southwesterly from the point of beginning: i / .„,..--- One .c \ 0 / thence North 17 degrees 07 minutes 41 seconds East,along said westerly right-of-way Ins,a distance of 360 feet. M I \ \ o. o \\ more or less,to the point of beginning. �.•`rs nrr EDGE OF DELINEATED \ //�/ s9�vvv y _ 00 \\ / / / Together with a nonexclusive appurtenant easement for home onE egress In that port of said Government Lot I //f (� , _ y1.W 1 rPROPOSED WE FLAND \\ N72.52•19,. described as follows: `•� �, - S74� sua,Ey UNE a SIEPS/IANONC ' .35 FOOT WETLAND BUFFER 6 IY / Beginning at a paint on said westerly right-of-way line.distant 1628.91 feet south from the north line of said xccs- - - -- vvt (TP.) o \ \\ FE-E. Section 15.as measured along said westerly right-of-way line;thence South 72 degrees 52 minute.19 seconds yT East a dlatanu f 50.00 feel;thenceNorth 62 dsgnee 07 minutea 41 c tls East a dietoncs 135.76 feet; .1%$/,F7-" "°.c' i-931.5 CONTOUR' ,n .„,,p(,,,,,,\ N thence North t7 degrees o]minute.a da East a aistonc.of ne.eso f..p thence seam 72 degree.sz IC--f4:4. et a3/f %MIJ I,/r�v� 7.T's MS+ N * I 30 / minutes 19 aeconda East°tllet°n<e of 25.00(eel to the welerly right-of-ray Ilea of the Sl Poul,MMneWdis and �"•a• ��v 'p/ j0/ \ \ Manitoba(Creat Northern)Railway,thence South 17 tlegrees 07 minute.41 seconds West.along said eosted �- •.°Q,, l/ si\ LAKE MINNETONKA 4- I IIt y nn.,p ai.tan<.or 203.80 feet: hence South 62 e.g e.a 07 mMulee!1 onda wee}a distance of -r ` \\ \ t / 35.36 feet:thence North 72 degrees 52 minutes 19 seconds West a distance of 75.00 feet to sold westerly wayline, / _ ` w\y v,oe .z \ \ ) xw.4 \ el / II vIs-POINT right-of-way line;thence North 1]degrees 0]minutes 41 seconds East donq said 7. right-of-way line,a / 'I • &Cr nIf 11 Go"'''r �cb\\/ \\ .'tea / / BEAN ) / 4 / distance of 25.00 feet to the point of beginning,as wt forth In CR Doc.No.8518]37. / /(i •�a, 1\ 4$O \ N SHORE LINE OF LAKE MINNETONKA / 4yaa��vss. \ FIELD LOCATED AUGUST 18111,2016-- / I _- Ts ' T.a / ( \ / \ \ / I / // /Y- t+r \� fu ,p.-0 l/ - bo, �^.a err \ \ s. 4 /`, / j, - - ,.,.c 1 /=p /PRGPDSrD) r- pane /me \\ \ xa4a / / NOTES: I1 l I�/ -- --- .frj J III I,(�RErAMVNC it r ---EXIsIIVc CABs/ /�MAI lsaa_ _ __ --- / / l $� _ "`r I/'ALL ,r a / `\\ �( l / 1.The orientation of this bearingsystem Is booed on the north line of Section 15,Township 117,flange 23 which I. ' /�./, e7,a�+'� --R NC S l :/," \\ 'i / '.1,,p , \ 06 r -.MO/ assumed to haw a bearing oNorth 89 degrees 59 minutes 59 second.Westr\ / (,�,,� •s N/ i _wi sea o!n"� - I'9` I��s""e( .I(=o; a / -- 4- / ---= l +l J� r 1 \ 2.me area of the property to Ms shore line o/Loire Minnetonka is 3.79 acres more or less. lrate 1� +,° { 1 > °' LANDSCAPING �re7DYf1-3-1r -1--�-•�-1/ 1� 3 l' / Z./ 17Y.7'J/ Io-3 w 3.No the work was furnished f«the anon of lista survey to verify the legal description,w the existence of I ; G ' r ' ye '. `� ma suekrr UN / a / / �// any easements or enambrance.oHxtNy the property. . I !, �: lis E _ _ -� / I I / ��1 4.Existing unfits.,eeMcee and underground structures Mown hereon were located based upon observed evidence. /i Q 4.y� \ \\ \ PIERS -....,,,k__ •n \ I l Verification and location of d1 utilities and services should be obtained from the owners of the respective utilities i II.,.I L R'3 v .,���\�. � .\ `#/ 500 /-STONE PATH �' y I / �p 7 pr'wr to ony design.planning«excavation. w\ .- J O �\ A• `,/yc 'oNG' i jlla Ivv Y�� swiss x J xen+ I /� iI �/ 2 / / 5.BENCHMARK: Water elevation per the City of Orono website on August 17th,2016-929.46 feet. y in v \,\Y { ^ J~ 8.Wetland del neat on was performed byMderaon En of Me,seat.LLC on August 10th,2016. z s �` M.+-.. c✓Rlar, 1 e r A,o /I / 3�3\ a v Engineering gu. rllll' i. ! �7 ewe 1�� DQE,/. 931.5 CONTOUR-' � // �Z Q4/ 11 RI `linin '"nor �f \ \` / tib' ,2. lL R\�-� °` P. " "'' + \ ��' �, ` x ( "\ / � `� EXISTING HARDCOVER CALCULATIONS �r"+$ S t2 .,'‘:••••\‘'.1''•\mo •e li• '"cr -RETAIMNG �F--/11 ,,, ` 1 J / V g??�r It, --MEsiERLYR/GNT OF WAY O` a� O s� WALLelat x j �_- � ' Q/ Qgv OSAN.NO 15 1. Buildings(homes 9ara9ee,sheds.gazebo,boat house) 4.481.8 S.F. sac ` \�/�I� g¢ Q drives2. y I' n-1 ass 1 /a� 4 f/ </ ,fI/ x 1 {� < Ory 'R 13�•19�- J. Conael to/atone 15.411.5 S.F. 9 � � / .� L'W°SL^'W/Nc 11 v I �` ` /'aI'I 0 lir Q r` \4J / 4. Decks/stairs-(aprons,w°Ika,paths,edging)- 1373.6 SF. \\\\�\ FL I+ J ] ?a .. �� -----\ \ \ �Q 11Q 3/� / ` 6. Retainin5. g.on.(inside outsiide 75 rotor Braes tback)- ,g�ez S.F. '%IYALLS-- J �^.*I soRovi • xsnr r-- Q e Rv 2� Total Hardcover 22.423.4 S.F. \ \\\\ py ul "lir ql\' 5Qp � �� xanr t .`� et Q Y Total Lot Area(to shoreline)- ee 165036.1 S.F. \ -\ L.11A5'C,IpE •\ G''/0" s' / e / I Existing Hardcover Percentage w 13.588 �\/ 411$ AREA ;t.: "" " G,.w r \ 931.5 CONTOUR !� v b•. Q � ��i sy sane r , x�r ��'g6j e39/k.41.1 !y g / PROPOSED HARDCOVER CALCULATIONS ��/ \ _ Q gyp / / / 222 w / .) 1. Bulidinge(homes,garages,Mede.gazebo,boat house)w 3.334.6 S.F. // 5.t..41 V 2. Qaval drive- 15.411.5 S.F. /A , \ (/o-x"nJ 1 I / �j / / `l 3. Concrete/stone(aprons,walks,Pains,edging)- 1,600.6 S.F. \ \ --BOIIIOER /+Y >� \ \ Cu'eer l W2=J O / O 4. Decks/stain 589.1 SF. \\�\ \\ WALL /��^8v•,/•`rL(PC ^r..,N \ ;/ • . .'` ��/ a/ / .1 5. Retaininwalls(inside(outside 75 foot shoresetback)ettbock)- )DB2 SF- Iva V 5 W °'M1 / a 6. Retainingwalls ONT y Q y \\� •..\/ �/ -r\ k6} :R .1e xwaa \ xan+ � l ; rQ hz/ �y l ^ Total f i Hardcover oid r(to.h«eine)- ee 165038.1 S.F. N 1/4 \ W _ ,ed �4 •\ k V/ Ay,. /o Existing Horticowr Percentage- 14.208 D r1*41 \\� �I ("1---;-- 9fr \xsnr \� � ween. xsna Y 2 I „A /'• 2. \ , ,,r„. ,/,',-- /.. gq. .F� a ,.^ CERTIFICATION: V A\ f i� / e �7 131 \ I \ 4 / del \ /-Ab. -EDGE OF DELINEATED / I / c'1c? h Q' / )au \ -=BETLANO -/y2. y. r- I hereby certify that this survey,plan,or.of was prepared by me or under my direct supervision and that I am \ 1 1\� /�/ \\\ '8 ,ram-�;'_' v� / ` / _J• duly Licensed Land Surveyor under the laws of the State of Minnesota. a V/ / ® ` ` -JJ' F. ' �• Date sign to January 9,2017. 1// / e ` __ � r / O Date o y. gust 18,2016 11siJ y( / '_ L J. lord I PATN\iii--- 1 -- "` '( / I Minnesota License No.22033 06 56" ( _ 7*� \ / / I\ I i LAKE MINNETONKA - ,'- � --,, \ l I V NzwI �1 rl )"8 ?s - ',%.04 i 1 5 �/ 29� �w\ I / sp ) 6 / LEGEND `4. ti/ ( I 0 MANHOLE -X-FENCE / L. / / / * UGHT //////BUILDING LINE Dock i� I'/ / AE POWER POLE MTH LIGHT ® COMMUNICATION BOX II +�'/• 1 / / / 0 UTILITY POLE ® AIR CONDITIONER GUY ANCHOR SIGN //e� II I / / / -..1:1 -OVERHEAD MRES C,' •I 0 30 60 90 CONCRETE SURFACE O GAS METER r.,-; I,.' GRAVEL SURFACE ��BO I ® VENT ozo.r SPOT ELEVATION e>a4\l � / / / 0. OR TREE „„.-920-'OUTLET POST ,92Di EXISTING CONTOUR LINE SCALE IN FEET \ PROPOSED BUILDING ® FOUND CAST IRON MONUMENT •Mie FOUND JUDICIAL LANDMARK FIELD BOOK PAGE FIELDWORK REVISIONSSURVEY FOR: PROPERTY ADDRESS: 2791 59 'CHIEF: 1229 Tyler Street NE,Suite 100 SW NO. DATE DESCRIPTION CERTIFICATE O F DRAWN BY: 1 01/09/17 PROPOSED GUEST HOME&HARDCOVER CALLS Minneapolis,Minnesota 55413 ItC SURVEY Orono,M N 55391 WTNMartha HNEF111441ead 2090 Shoreline Drive PHONE:(612)466-3300 DRAWING NAME: FAX:(612)466-3383 36852 C3D.dwq CHECKED Egan,field&Nowak. Inc. W.EFNSURVEY•COM JOB NO. XXXXX BY. COPYRIGHTED 2017 By EGAN,FIELD 6:NOWAK,INC. FILE NO. XXXX __ 1711 I and surveyors since 1872 SHEET 1 OF 1 •pa;igiywd,(pauls N v-1 d eI 3 1 d 0 SI tern;o]0asuoo vallum.1oud ayl Inoyllm uia.lay paweluoo UOIleW10;u! N O I ld❑ N I1 ❑ 4 • woo•pue8nia,ner mmm 5, Jo sluawe6ueue'su6isap sip #uogejlsl6aa N d 9801 808 019 Jo aJnsopsp Jo asn'uoponpadai de, AUy iy6uAdoo 6ulpnpu's1g6u •e oseuu o a e a o sone Aa [j �Z alea sovss'e�io w 1 W 1 3 3S 4i; I paniose'10410 pue Nolnlels mei ton%anuany ue6o1 8101 ay;�apun;oallyo�y hays a,n a�ya,y pue8n a.nei uoww00 lie suielaJ pue sluewnJlsul pasuaol� A1np e we 1 ley;pue Y 6 E S S N W `❑N❑ZI Q asayl;o SJaum0 pue sJoylne aqi aJe yni'Apo loafwd siyl uoasn Jo; uolswadnsloanp Aw `3AI JQ 3NI13ZI❑HS 060Z papuelw si pue ainloaligoJy puelln Japun Jo aw Aq paiedaid seen iamei Aq aovueg;o luewnJlsui podai Jo uoyeogloads '9 3 a a V3 H V H I.el V W ue se papinad sI 6wmew siyl I- - I 'ueld sup min Apl�ao Agaiaq I I loafer enss d Iwv NO11Sr1 JISNOS aO3 ION : NOIS3a SIIVW3H9S 4O U -0 M as x , wIt 110 4a- 3 `Ci. ;o `Q i z z E) QJ �� a z • • — + Z „❑-,9 L „❑-,9 1 „o-,b 1 J - - '.:5_1 o a I I z II 1 I LO o 8 W o _ • ;fir = _ ��- -:o, �� r= ter =�=--1=-ill 3 9 a I II II II II II o z L - - JI II II II II I7 � Z UL II– 11 II II II II > F 0_ I7 I II I I I II I I W D } I— •- I 1 II I I 11 IL J 1 < a F Q II I 1 aIX Z II II I I II 1I II o a Ci D J I L – – J L _–14 – – – – 1– I = I I 11 -4 I- 1. 0 U I I- -1 r - - i r f IL _ _ Jm L� ,I-1 j 1 L I J .,p'� 7 C — ,I z Q w J c I Q W W )Y II I F I II II 'I- 110 II 1, ;` 11 II II II II II I I II I o -JL �' „; I I N II— � _r N II III I II I I II II j1 II Ir 111, II pY II II II II II I I ,�: - CC – �• I II '11-F – ,1– -1 1 II II II II II 1 I II II 11 II II I I _ _ I II I 1 '-1 ±r �°' ,r s -1 Lo C dol I I I L _ II I I I; L. – 1 II 1 1 l I II II II II I I I 1 �I I 1 1 II II I1 . 1 „❑-,9b „f]-,❑L I 1 0'-0" 46'-U • •• • t /\ t t ❑-- O • iTZ,., 9_ , e rn '.? , ,r II II o J. )IIZ ❑ to / A AAn IIIKKKFm '' nn III z 'g tZII2 IpOE ,L, 7 _ .,., ______I1 _c- rI=IWP/^ ❑ ill 71 11- 11 IMP ..... L, 7 1Fm11 1jOE — - 3 —I II 11 w I II II 1 10 I Ili � — — — N NIi $ I1 11 N 11 — II • 3 0 D D f y 11 11 o• -q 1 I MI z n II II 1 - 0 D > 1 II II 1 ❑ A fn Z A ij 11 1I -4 1 ! mol - T — f � I - l J I L ;J ,o al r * ir M D II m - --off o J < I J AAS -' O frl ❑ J Z ---i n 71 I 13 I � 3 n o mD D D rj O N -11 ❑ ❑ N z O 0-) ,b 1 Ln 71 O 1 4'_13" 1 6'-0" 1 6'-0" Z] • • • • I— > Z O z -0 rZ 04° G1 Go -z p O -A G0:-.1-1A 0 SCHEMATIC DESIGN : NOT FOR CONSTRUCTION Project Issue I hereby certify that this plan, This drawing is provided as an MARTHA HEAD RES. specification or report Instrument of Service by Laurel was prepared by me or under Ulland Architecture and is intended 2090 SHORELINE DRIVE, my direct supervision for use on this project only.LUA and that I am a duly Licensed are the authors and owners of these Laurel inland Architecture Y instruments and retains all common O R O N O, M N 55391 1718 Logan Avenue South Sheet Architect under the law statutory and other reserved laws of the State of Minnesota. rights,including copyright. Any Minneapolis,55403 N Date 1/lfi/17 By 6128741086 reproduction,use or disclosure ofp D Registration# the designs,arrangements or www.laurelulland.com • MAIN LEVEL information contained herein without the prior written consent of LUA Is PLAN strictly prohibited. • I 7 I I 1 1 1 1 I 1 It I Ir En\ - I I ,o II I 1=11 n 1 L_I N F , j' (1 I_ I A I o ,i , r , . Ei , , I[ ___ :_ r , , , bi » 3 Z , ! ! , �'�J 7 ___ r_l 1 - _.._ ,__ ._._ _,_, r__ _ -....... i 1 , 1 , .. , ....,... , -(75 ! __..._ r" .. I 11 11 L y 11 II` a — 11 = II D ---" I 4114 ____ u, 1 c:-.:, —0 ) o m,,,o n n • P',r \ / ri ❑ ❑ } , D In in �----- —r.. Z m / \ �I ._ _.__.I ill o 7.1 til I 1 1�1 II I N \ CO ` 4k❑ ❑ II r N3A n< O 1!\ _ I ,o n \ P1N I-- � (=r— r D z Z .0 0 r A . -i Z I D A Z o O a 01-.:1-\' SCHEMATIC DESIGN : NOT FOR CONSTRUCTION Project J I hereby certify that this plan, Issue 1 This drawing is provided as an MARTHA HEAD RES. specification or report Instrument of Service by Laurel was prepared by me or under Ulland Architecture and is intended 20 90 S HO RELINE DRIVE, my direct supervision for use on this project only.LUA O R O N O, M N 55391 and that I am a duly Licensed are the authors and owners of these Laurel Una"d Architecture y instruments and retains all common 1718 Lo Avenue South Sheet Architect ender the law rights, ory and other reserved I ' Minneapolis,Date 1/16/17 BY laws of the State of Minnesota. r ghts,including copyright. Any L V 874 1086 ssnos N reproduction,use or disclosure of 612 e n ` Registration# the designs,arrangements or www.laurelulland.corn ■ > UPPER LEVEL information contained herein without N P LA N the prior written consent of LUA Is strictly prohibited. SID 410 + —H— N (2.Do1D + m810 010 + maw t11 iN ampa A a 01 p 9 m N rn 111 0 ON p61 J mpN pA mpN L7 t7 I.I, p�, 3p, N z;J '.p C1. > M > O _ +IDN a_ — a_ n .1 ✓ rr�nI r 0 z ,N N . , am A ApN P1 UJ m C ° r 1 a CO.m - - (1 a, ID— m. °0. E. ((11 p 6, z H D m x3 m a m C ma zF m z CO Q] I ❑ °o rm nD a �I nF m m m0 r r mD 'l r II PI A£ o o A �A M — ' I ° '•I r 'I O 1 a ° ❑ i 0 _, I1I m m, N, mI I < z ❑ ^ 0 m a m D 2 G = m a O 1■ .� �T ❑Z\: D D m m Z ►i \ p A A .1 I 1 I 1 IMMINI ___ MINIM 1 , . C.■ IIII •■ ] '�L j 1 ,i.':' l'iI ...„_ 1 liE 4,, i I �_ __.__„, 0 _. 13 [.1 (1. 1 . �11 > Y0 Z ?d -i I � A O l -L, \ — 7Zo � ' , 1 ■■ Tr I ❑ m o ■■ z� U � ■. C m° ■■ �i Eu: FI :: J�■A A _ _ ■■m• Z Z �I ■■ mrm 00m M■ ✓ m 0 Z Z Z I Dmo `_` 1 NE mm �\ ■■ IIIIIIIIIIIIIII1111E 1 , Z Z •■ - m -Q O ° 0A Z0 •■ a ... ✓ w m _ I tet. ■■ . .�� Z A m W , I, O 0 ❑ 1 lEE ..: 3 410 'a ..,_ ■■ .■,.. , ,, . .. ,, , ,, ,- „/- I, . „,,,• I:: 4, I 1 —11I_ 4 1 IIT 1(I ,I, I 1 Mil IL' 1 1 .11 _ iI ••••••• A 11 I ti: f1 J Q 23'-6 3/4' t • 3 A 0 O A m ❑ 3 Z D Z 0 m A O 0 O 0 A 'I GI D m r m SCHEMATIC DESIGN : NOT FOR CONSTRUCTION Project I I hereby certify that this plan, This drawing is provided as an MARTHA HEAD RES. specification or report Instrument of Service by Laurel wa2❑9❑ SHORELINE DRIVE, mysdirectsupeared rvsonme runder UllfrandAntisproectois l.tended for use on this project only.LUA and that I am a dulyLicensed are the authors and owners of these Laurel Ulland Archnectore instruments and retains all common OR❑N❑, MN 553911718 Logan Avenue South Sheet Architect under the law statutory and other reserved laws of the State of Minnesota. rights,including copyright. Any Minneapolis,55403 Date 1/16/17 By reproduction,use or disclosure of V A 612 874 1086 p WRegistration# the designs,arrangements or www laurelulland corn • > SOUTH + WEST information contained herein without the prior written consent of LUA Is 13 ELEVATIONS strictly prohibited. 41114 to Z n D 0 r m XI H co_ I II m r I11 .1 o_ C I .. • E■, Z .. III i d 1 •. i ■. 1 1 �I� I III ' ■� ■. i ' I I % , 'II 1 IIIIIIIIIIIIIIII►II L 4111) ,:::,:::„„, , , . , . , r1 , 1 I 1 .. , . is Il_ , . i m [(] • ■■ ■■ \1 D = D ■■ ■■ m .� — Ilii I EN ■■ ■■ m Z D : I 1 ii 0 o Ute . :: = III EN --,..-- I %� I ■■ 2I ■■ , J EE '■ ' t I> M ir O � m 0 Z 0 SCHEMATIC DESIGN : NOT FOR CONSTRUCTION Project I I hereby certify that this plan, Issue I This drawing is provided as an MARTHA H EA D RES. specification or report Instrument of Service by Laurel was prepared by me or under Ulland Architecture and is intended 2090 S H D R E L I N E DRIVE, my direct supervisionfor use on this project only.LUA are the authors and owners of these Laurel ulla�d Architecture and that I am a duly Licensed instruments and retains all common Sheet D R O N D, M N 55391 Architect under the I I ' 1718 Logan Avenue South law statutory and other reserved L U LogaMinneapolis,venu Date 1/16/17 By laws of the State of Minnesota. rights,including copyright. Any55403 W Registration# reproduction,use or disclosure of 612 874 1086 p the designs,arrangements or www.laurelullaod.com • D N 0 RT H information contained herein without the prior written consent of LUA Is -r ELEVATION strictly prohibited. 41s 410 LII CD pi n D >H m (..nm I m :� m CO r m n M o Z < \,\. ° o � 1 D I O I J I J ■■ mi .'Y` ! I � r { III ;• NM1 ' '' • • ........\\*.' '--- =MINN ' .7 MM'1.111.1131 � I! I l °� I. � I� I r m W4� ■■■ o I •I r``*a j ! ■E■ MEM C 11111 ......................... f ■M■ L {� fl 1I 1. I ■: fl ■1 I — �� 410 ...... � Illl��L1I!II L I -fir L SCHEMATIC DESIGN : NOT FOR CONSTRUCTION Project Issue j I hereby Certify that this plan, This drawing is provided as an MARTHA HEAD RES. specification or report Instrument of Service by Laurel was prepared by me or under Ulland Architecture and is intended 2❑9❑ SHORELINE DRIVE, my direct supervision for use on this project only.LUA and that I am a duly Licensed are the authors and owners of these Laurel ulland Architecture Y instruments and retains all common ! ❑RON❑, MN 5539 1718 Logan Avenue South Sheet Architect under the law statutory and other reserved �:: Date 1/16/17 laws of the State of Minnesota. rights,including copyright. Any Minneapolis,55403 By reproduction,use or disclosure of 612 8741086 p - WRegistration# the designs,arrangements or s ,, www laurelull nd con • D EAST + WEST information contained herein without N E L E V AT I O N the prior written consent of LUA Is strictly prohibited. + -H- rJ i6t 9W q°A ❑vA d°Ui O ❑N 0L1 , „❑N ❑A 1. r❑N Co ❑P ;6 63 Z;V �0 Zc- >1 ;LI N L- �9 o ❑ z3 Z6 n� 9N O 1. 0 ra N Awa am A ApN O .or a. ❑E. q 11 A 11 n3 C F,E. m C mn ? . 0 oo c m n> ° m nE m mO illr m- a r T ❑ '` ❑ 'r 0❑ 0 g� 0 oi a� A o A -❑ O , n 1 41 0 D m I II• CI COW D [ I- _ M r m 0 i� A o II Z 0 - •••.••.•.,, n Z .r 3 < GI Q �� m m ;; Oz II .' o 0 O d m r ►O N ►� -I O M e A O n p 4 i% m SNm I r '- ui., �. A r M n ZEn T. • ta AO Z rm PI— DA — N Z N UpN o ► n - � -41 mN13 d -41 ECO l ZXI -i 1=1 . m 404 CO 0 A D A4011 -rIZZ b 1 — _ •_ t Oro N 0 N x7 r. Ar- m o E m n D o ll .1do rm �m 1.i- .: 'Di/ 1 II or 7 m CI !i o . ' o 00— 0 - A• "! PC ' Exhibit F #17-3904 City of Orono 17 ��o 0Hardcover Calculation Worksheet *) Property Address: 2010 Stto>z�LlrrG— R-Ivt: 1 o(tor.r� 1 MN 553°1[ kts,toPrepared by: Date: LA-ye-et- lAu.PNO 1dzGttlTEGtU( - (.Luh) 1.' l8 • 2'O t'} -tom t NtFIELt7 S Novo.lc- (NG CEFN) ----) ,v r Y: 9•18. 20lb Stormwater Quality Overlay District Tier: (Circle one) C► Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter within the 75'setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) .. (24'x 30') (720 S.F.) A 2-it'oRY W00p FRAME I+OUSE (Meat)t.,hl- 2292,q S.F. B GA0 t t4 L INCA.. ]7ELK. NOT' ON 4utivEY) I AREA VLA ' 1110.2S S.F. C (A1.Eeo AT Po INT 13.1 x l2• le, 1.(05.obS.F. D PuMQ ttovsE C No-re o }4s GAKAae) 13.3 x 16,3 243.3°1 S.F. E VE t. ptt1v a wrn 5 AND ?ATH S VMitOVS LOCATIONS, 15,411.5 S.F. F GONGRE•TE APRONS STOoyS1 STET'S VAIUOuS WainotoS 61-f. S.F. G ' o KE PAT 11-$ Vfrak1OUS LetAT10wS dip/. S.F. H STONe EPA IN 4IPAV&M i sa,oft,PE -S v[tRAD vS LOC TIVNS (el I.(o S.F. I DECtr—/ESwtnGe AT Puptr H-ouSE ItReA.uLAt7-. 213. 1 S.F. J G.ASEIS0 PEGS./SrA irk. lb A b (go S.F. K GARDEN Fstlt V A / PEG le- 5 x 20 ( T'0 S.F. L __. REThtNIt•(ei wAl1.5 w/!N I'St SETBACK VAR10ui 6066-rttNS 'oo. '+ S.F. M RE TA IN INA IiALt.S NoT 4411.1 SETBACK 54. x2 (09. 2 S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. w S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover SEE $P N SvKutY .t b• 24110 221425. 'f S.F. Excludable Hardcover(See City Code Sec 78-1684): . E POIIT'1 ON of a,t.AvEL MTh l p.r.G6SS t isle RNA? /o x' 43o S.F. I Fto-ST too SP OF mac. AT' ?UMP t10USE VA1 LET' 100 S.F. /4 RE't'AINttt4 Wittet, N.1 br 4.Y IN 'IV eF LA Ke ri'f x 1- t oG.`2- S.F. S.F. S.F. (2) Total Excludable Hardcover 838. 2 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 2l ,S b'F.1..... . (4) Total Lot Area ((05,13b . I S.F. Existing Hardcover Percentage [(3)+(4)] 13. 0 1. %, (Proposed Hardcover next page) Variance Application-May 2016 Page 7 City of Orono �oNoHardcover Calculation Worksheet a Property Address: 7 7 ,f//O/e/ //Ale . ?. C�,eD/U /12A.1 S/17, S i c \�kfStie, Prepared by: �6AN F/Ec v r /vt)"A/<, /Ne, Date: Z _/,,14..../7 Stormwater Quality Overlay District Tier: (Circle one) ier iTier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER (u'r TN/"./ 75 , c 7--) In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A G.A/eA6E 13,15- x lB,Z'5 f 24L.C) S.F. B .7/4zE8c, /2,co x 13,1 165 S.F. C 1-/O(„1SE (wInhtN `75' ) IRRE Li4A,2 e4 i S.F. D bEGK E C'AZE13c' IRRE6VLAI ev`j S.F. E ..5'Tc,NE PATH /QRec-> i-42 02.1 S.F. F &Rav'e DRIvE/P/}TNS Cc.wlrHIn/ 75') IR.P--e- VLAI B3g59- S.F. G DELK N 6AfaAC�E 4-01714/0.-175.1 I RRe&t.)i- .lL I (U S.F. H �-TArnito'J LI)AL-L-S wlTNiNI 7s' aARE6t)L.A2 2 Ey 8 S.F. I C131.4c2ETe 0.A.J1rH,N 75' /R�eE6vL-A/Z sI S.F. J PAV (L bofeMe S (L0inii ) s'� /i2RE6✓4_4N2 07 S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W _ S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover (4.0 I T 4 I N 7 S I ) 101.7 L/Li S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)1 S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage ((3)+(4)] % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 That .:i right \ / of tt - p i mlnu lr/`t,v ,� \ =` lave. /D]0.) -1 ` 1 z91e.3 \ h a ..-/ / _�- 11.......5:7..,ss \ / / Man po / ' rY Imo' 4 'I.�r 'III \ ..\\ 2121 WW1 d ' %.f0.. •D / �\ -9� �� 11i \ \\ EDGE OF DELIN£A7£D \ / deem \ _ oo 1 tt£nAND \ N7 25 Bogie x.315 N \ \ T# 1 / foot ,f� �_:, \ �,.,. i-931.5 CONTOUR �„ ,,,,i-b., \ f,. / Inu1u than ,..() -3,9, ,3j f, 1 50 // , r' L_-acv]ta.-�'"� Ql�� 9/ i �\ 4.'S\ \'� / 1\ M°nt ' - -_- eir,4�yo 4... „.�31' GTO^ar `�\ LAKE MINNETONKA 1 ; \ sa 1� //////____'----7 - r- '; :„.7 ` 1 �,� 't\\> nand, \ o / `s-POINT OF / / /� / t / % axe_ - •• j.a `+p 1 11 %,31e ,w n '\ \ \ SNORE UNE OF LAKE MINNETONKA // B£gNN/NG '4 Moto / / 8tv, ` 1 _ N. N. f D LOCATED AUGUST 181H 2016--.. / / I / -{--- - 44111111:r----', �� Tt as'v1¢ CONCRETE -MtlOD \ / \ \ , I r 1 / i --1�A re,' su1Rs-1 .‘,\,,,,t, ' STAIRS "'a uDa \\ \\ \� 2121\ / I /�/ /� - ��'`� 1/ I IRETAIN7Nc \r��. �,, �"� a _ /\ / I /'� x ALL �e.,`. '� - "�/ rill R-IL-INNING y� \ ��' 1 '. \\ �g<� I r —, i t / i.n I ;v g l l 91:E.__I-- `;*,\ (1W: `''''''' , I ti / s` 1 m f//���/ WAL! d��J J / w•\ 977.5 ,, , f�/ o I? / ;r 3� Dpv.•J ` 7fYEBORd BORDER�� o , {\� �� / \' a �F.F.E LANDSCAPING �� -- xv2Rv N87LIy,Y1Y T7R7J -'�---'1 / t� _ / 2.TI ,as q�' U rs,� r s\'' "\ 972.8 \ l T--_ l 6 1 /,VG `i V : ��e,`R `\""J) a ,” --STONE PATH / 82218 y -SL9PKy LAVE / l \-) / / ~` /�/ 3.N '' • / /7�Si; e` I (-I •'© /I P SERs wtt N. �eie- �� -� •.--> y iI(I / I vv , l 4.Er 'jlhf. 3t�'.`.Ro •Y '''\-- \ h$ ,yam rsrONE Pa TN ((///,/1/ 01 , ,:� 4� l \ ,I �tl ' v. Dao zetas %axi. I / Pr 1 , f r \�\ F�f,. .` RETAMtlNG 1 �1 x8.78.6 `\ /I / / r! / / S.B seic WALL- 1 �I+I141 asl�r4.e eow \ ,k �zi,�q 931.5 CONTOUR—� I / b�� �/ t 6.6 / q .61 ck c.5 tor \s,, 1/C\---11ESTERLY RIGHT OF WAY OF io- i��Iw, fad'�s '\vOrtialt, . ,. •.`'\ ,;;.\``� tel' Stitio D : ae: WALL '2., ' ' - o 3 CSA.K NO. 15 H ICV! .1; <„701 ) 1 ` V' ,�1� - / •p LANDSCAPING ,e v I 1 AUL, \ I to / AO O k /+2`Gb� 1. 1 \1, RETAIIWN,,y I \ 2. \1. 1111 \ i f � 3. W I -ftoRod-BRI(X x9X11 5. ,\\�``,1\. `II►a Grail • �''w a•..r GM'n¢ 500 ___ x / 1,- / / ` 6. \\�`. �rr oq L AREA J IN�`K.a a, \/e;"--,r-------:-.931.5 CONTOUR 'Q /� �y / O Tot \\,L\`' �'�/ (�� \ e C %vlof ,, ` �> +� N T: O ` l .�►� Ed 131.'":\% s 14 15 Q. /-t``//� r ..\ �%C q,,. !� ` r _s?`' ._� / T `��(//O� / d• / O�21\ 8 1 � --BOULII.26 9 . A �1.� ` �\ \ V"'eexi.i G`+n x,¢ 1 f+3/ }• p/ -IIS / ER \\.„,,, \21 WALL, / (7 i 9318 N\ 4 \ wD ( JI �u8y J/��/� �6/ gp 1 f_�s. C 73 \ / Ct./�" xs31f ti.. $1" ! 40 duly { \•� \\` .�ri....... cif'-� \ �p"\ x,xis xD31� I / >, 0 k 4 / !� to \ — _ , '�. „t \ C1/(9 ! s oat. { ` '�S'. \�. - / \ T L '-----.. w•..a Data '� Wv4 '�vx•! \ / /� '�g4� \x,aar/ \SrcaQ r�' .^J«. \ x,xie Q\ 'it •II \�'��\ •'� /(- ism / /, -'--' \ ` �I, t'R.C��ems.—'�}.•_ -__ -- % /../,Nr / pf7 /0 1\. \-‘,\s„.. 1� J I ? / n. _``1 "� ^_� /-,w_ EOCE OE DELINEATED / / c * /A If ram �� J , / ,.. ` ��*y� \ �,�M£rLAND �(/ .41 �i \\ •.4.:/ i / Cfti II 1/ , � ,�: . - F- ; / Z I - I STONE'al 1 �� i {6 / 1 ,/ `-ems I \ alr tie5.6.,"' / ,roe B,p -��_ / LAKE MINNETONKA _ ^= 9�' 27-----------_ �,, l .20.] 1 .... 1 1.. Vy \1`� \ - �' j E.X1S t ANG E-}�tRbCOV�►Z KEY i i g N � v i>6401 __9.410 9H eL1/46 bR/ 01�No I / �h 1 / 1 ,)Ds (a I / �qv LEGEND C HO T' TD S C.O.1-E> Tg I r so / / I J! / I.J / s0 / 0 MANHOLE -X--FENCE ,7D.3 / O' LIGHT ///14//BUILDING LINE kVA " 1111.1151POWER POLE WITH LIGHT COMMUNICATION BC s /� / ¢ ® ti UTILITY POLE / ® AIR CONDITIONER -t GUY ANCHOR -4 SIGN i Ca�� - '-OVERHEAD WIRES J �c'� 'JJ 71 4 1 BITUMINOUS SURFA J a1 t� 1 I / / 0 GAS METER 7 GRAVELORCONCRETE SURFACE I' I ! / f;1 / I' 1 J / / via XfaGlL i� \\-._�/44'.. I / • / / N. / i / _—1'0;710 i \ ----EDGE OF DELINEATED \WETLAND \ / / / N / i suR ._._ i / \ ' --35 FOOT WETLAND BUFFER \ � i l ` O \ .� .50 //, ��_ `�` ''''''.144,("'A' —931.5 CONTOUR I � ?y X\\ \\ /\* 1 so l / l ` �___——— \ / \ LAKE MINNETONKA A / , l / / ,a , ( \ \ / \ v / / / I ''fA / \ \ 1� N SHORE LWE of LAKE M/NNETOMKA eEG+wr/�G / // I \ / \ \\ /, \\ FIELD LOCATED AUGUST 18714 2016--. / /(\\ 7\\ / / \��5� /� 1�p� ,' /``` l____EXIS78/G CABMI \\ / \ \\ / ^o �/ p/ \ / �jy'TAdVING i .J -✓ \ _RET \ , \. \ �l I 1 1 / BRICK g `i/E'f :Ira? �� i/ / '-;moo / � J /\\\ \ / / /w 3�e LANOSLAPNK' \ N81W"1Jb' ------ l 1 ` / I BORDER-- , , /^` / I /` Ir 1F J \ 1 1�L)J r— - h3 ' WALL- i I 9 i'''''' � .ma i -� \\ %��--3rAP1EY WE 1 / -�} ` 1 / il j ` \ Y�' "�.®' l +, S00 , 1-S70N£PATH • I I I/ i / If / t/ I I �.b; '4vr* ' Z'' / / , O �`'-��@� %\ 931.5 CONTWR—�� I / $3� 34 / e 41:7- ii I // ,Y, _\,, »o \`y \ T --RETAINING ','� } J �/ nesTETar RTavr a�WAY of I, w'� All 4,... .,t CSA.H.N0. 15 \ i r� 'di SOD - \I \1, „ �1.'YY :r. ® LANDSCAPING ,� ' / +\ c Q yr fig/ li‘ ,._ \ \ \ ir � /� / \ \ \ �' UINOSGAPE s- a I \\�\\ \ \AREA_ s �- - ---931.5 CONTOUR �+ �~ 7,:t 8y/ O \.- .., N 7 l 'I / # ,-;..! \ \ \ r — 6, 4,,0 41 i 7 / \ 4., ''''''''.7'''-`;';:'4.Z:7::,:i'::.-Z! .:::2? ,/ \ \\ \\\ "wAu'L°ER 1 i �‘"831.g 0,,,\ 8 `. -.-::4 Y a ��Ct O $/ �Eft / cO 1. Oub 40 .kiy 1> \ / --,./, __,..-,, _________,..-- . __--,,;.,' ._ •......zrbm 41 7.7 103 4661/' // / \ -- 4,y: EDGE OF DELINEATED / l 1,1 ) QD \\ \1� / // F iati Sj wERAND 7� / 2 /4 r. 1 �/ / \\ r / 1 / k 1 / Y 1 STONE I / �\ / +4 t :74.41 I PATH- / -. .'1 (451.k,41• / / I / / , S/?S2y LAKE MINNETONKA — ——— — I, l / 1 �° "? � i / I , � ) E I EXISTING HARDCOVER SURFACE WITHIN 75 FEET / ;��`"� "y�° 4'1,� / I 2 so / I/ I / / so / / / / 1 eon 0 1 / 1 l I I 1 1 / / I / / City of Orono �atv Hardcover Calculation Worksheet kl, °4‘) Property Address: 1,°10 WV ILE 1.1Ntr t›.2.LV DRoN0l MN 5S39I _lk,.,ucP/ Prepared by: Date: Wrutai. vIA.-A-ND A04i+CTfsLN1t6 CLUA) 1 • l8 • Zb 1i• 4-E(...A4 ptEt•P 5 to wAr- kwc. C EFN) —s svrlver`( ' 1. 9 . 2.o 1•} Stormwater Quality Overlay District Tier: (Circle one) *Cl Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table,identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain,as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties,identify any features by letter which are within the 75'setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) - (24'x 30') • (720 S.F) A 2-51-ORY WOOD FRAME i'1DuSE 1RREAULA-R. 2252.9 S.F. B PROFo'Ep ht1:w GA1Stw 44P0RGFiES 1[t.e.:E;.uLAR. 1.4'1.3.2.SS.F. C aAt.e-150 AT P01NT 13.1 x 12.10 (43.06 S.F. D rvMp 140v$e L 1•1.6T6 0 AS G.ARhc.E) 13.3 x 18.3 2413.31 S.F. E i Mvet. 1?lz1vE WAYS AA,ID PATHS VAKIovS L0CAT!Os35 IS, 4411. 5 S.F. F GONr.ILET6 ApP.oriS, STOopS, STRIPS vb.RIov4 LaLAT'ous S(o/ S.F. G 'TOttEr 4/4TF45 VARIOus I.OG4T1oN$ S.F. S.F. H STOW &DGllr4., PAvt-ILS, boo-me-4 liMktovS (.oG#Ti0Ns Col/. 6 S.F. I peck /er 1p4e e Pum? HOUSE IItREAULAIt- 213• t S.F. J E.,A7 E 8 D PEc.l�/STA i IL+ 10>< (0 (v0,o S.F. K GA tr-oC-1`i tett./ t3.i PA t? 20 K 5 100.0 S.F. L 1,Ai•rD I M&S/ SR`Arte.3 c F ,o?OSE17 Cftl'Si N VAR)ouS L0[flfi6N5 2-t(..0 S.F. M %ET/41NIota w{41.LS wpm is, SET SACK. VASA nus Lot,ArtoH$ <{o0.4} S.F. N ]sEi%rlN INA W14U-S Nor w/DJ Seib ..tc- Vettkiovs ucttri0NS 11,8.2- S.F. O (S`F ><-2) S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 4EE EF14 VIwPOSED Suizve? / 1.1. 2011 ( 2?2 ,384f.if S.F. Excludable Hardcover(See City Code Sec 78-1684): • , ' E POR-T10N of 4Rkv-1, ma] pccessLe-E (t¢Ma /0 x 1_ (e3° S.F. = f'ip.<71- (00 S_F OF DE[JLI? Pum? Hous@ I9 4UL.Al2- (DO S.F. t.1 P.ET•/ lsarN& r,tu.s 1'CT' wpm is' 0E-t41d4E Gil-x 1- 106.2 S.F. S.F. S.F. (2) Total Excludable Hardcover 83e.4- S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 22,54f(0. 2- S.F. (4) Total Lot Area Hyl 5, 136 . I S.F. Proposed Hardcover Percentage [(3)+(4)] 13. li5 % 1 N SNE-A46 = 0.56 V. Variance Application-May 2016 Page 8 LtWkL. Uta' • . 4'i/ : / / desThacribed bed of tato& '- \\\ F/ / / mmut s 59 d.Wee' _ - \ -- - ... At-of-way the of fha -,_ - \ A minutes 41 seconds West 9209 ---929----7-1,._____------.---- I�- g1g9 �.,� XD29.3 \\ h Ia p,to on wild westerly the shore line al /r �' �_ .,\ / thence North 17 degrees // ' _./r-- lam'.,"'war r "-\ `,N. \ man or less,to the polo / ice/ + , N. / 1 �� �'D'e'a 7y. \\ xA1D.• ------EDGE OF DELINEATED \ ,+, / / / Together with a nanaxdu `� t60.� i v - NERAND \ ,11 Together all falloon / J' , 5)'W PRo sEn \� \ 2 wc /// ,� ' 4'� 'r S)EPS \ \ �`Sr•.2•/.q"1�� Beginning of o point on / orf J I VEY `x9xiJ 1 , \ - .35 FOOT N£RAND BUFFER \ 8 FEL-, r. i l Bedsore i5,all ment d / ` - - (Ti?.) '� FT* / _ _ j rl \ FF /-931.5 CONTOUR-LI T c ' > East a distance o 0.00 / r x•+� \ N\ \X919. \ s / aaN199 nloond.flet / / i �_ 9't<9 I ,,,,,, I \� i , �' \ \ 1 Nanitaba(9reol Nortlfem / r�_"u.1,•• �- �� xDxi, IN!I ` i �S\ \ l + r t-of-way Tine,o dbL / �- - - n1 Qa ,�C:2,1a, � •••m der.\ LAKE MINNETONKA l ,s met, Men x North ,Y1 �\ xD1c.+ I right-of-way Tins; Mona � �_ i 97° 1 47 \ > \ ^2 -PCWr OF / distance of 2500 feet ti / /',/// y,H,8 ,..\,,/,'F . tfi '".$20 • \\ \\ SNORE LIQ OF LAKE MRJNETGYKA // B£t+^WN/NG / ' ME \�__ '' \ \ FELD LOCATED AUGUST 181H,2016 t'% ,f0:- .1. ..-.; D v a1,s, NOTES: 1 1� ` rirlIe I EXISTING CABIN �-4en!� ` I \ -"RETAINING 9 f14 ` �'I \ ry /l r 4-to / r I i.Th orientation oo of be r�jY, � .s / i ' / d to have a be How i I ' I I \ / / 2 e o the props /, 1 w°� a- q� '1J0. Y K - xoNT, 1 NalMtf-J'M 1 -I- 1 / $ , 31 1\ 91D. •o -_[/ { IImo�, // / I /BDrNR• 4 \o S' �, V LANDSCAPING .�' / t 7a 7J �-�''- f ^ 3.No title work was fury �� � e! a s �_, - ,. any easement.«ens I W.'i r ter/ y. !'1s♦ i S AfE /est / l 1 v / / 4.Existing utiliWs.servk II s Ir /'.,.,Cis• \� /�q.��i\ v-.5 P PERS �'D:w -~' J/ I I �! l i V cat on and beotis 1'I'�LIY I © F3�' �a \ \1'i/rl\�e%,v., `` 5OD , �" j/ I , �R` / Drkx to any d«qn,a lr + \� rV :; / • (� \ ,-STONE PAIN I I / r DJa xexiJ I J / , 5.BENCWARI(: Water els f s I�,p.`` `� R� 1 .c' \� ` etc-- , xwaa /41- . r�, / 6.Wetland dagneation roc '.I I / I_ \'hLK•%1 SX \` WALL-. 1 2 r v e v�-e I sr 1 �a 0 931.5 CONTOUR- I // / ,��� 0/ / " "�sif0'p4Dr 41 k l ri Q 1St n 1'II$\14 F 4,-,,,\,,. \. \ �\z,, ® G 1• �pr. �T,t VAC \ t % � 1� �� fc EXISTING H 1 ,I • s o 4Bt1 j .,,, „,\.,,,\,,,\,,,,„ \\ 09\1:.�\\\• '„-,ti / \ '--RETAINING PS� qyr �-- J / v/ �'� "_NESTERLY RIGHT OF WAY OF d . •n _ Ji WALL V / Q 1. Buld home, r 1 3 /�/,�i \\T ;a�, .* o\\`T � S, ¢p O i 2. Gravel i - 9 oar`t• , y3`--I (�. ,1i .. ...i , t x wa.z \ / t ^? J iq //�SS?yp�, J. Concrete%tone(oDr \I\\\ y� `� � ! LANDSCAPING \/� r»r.r \ / O r 11 OQT7 / 4. Deeks/stabs \4\\1 • 11 © e,l JS. Retomhq wase(k,sU �� 8. Retainkq wage(outs 1i __ xAJO.r / �( Total Hardcover \\ \` , f it °'s .Ao•ra soD _ ------..2 ►. tY �r� Q / \ Total Lot Area a(to P w. ~Rbc MOO./ a / `h`, �'� \ 1y+wD CAPE Q \• rr.+r G' shon s l I .N /3 Ni /Qe C ero \\�N`,:�` �� 9 AREA I I I p ,r,Foe Gmnrr ��\ - -n"931.5 CONTOUR \. ^ Q /� ,- / i1�� \I•\�'`�, ��,. ``ii / ``�aM1"' XAJa1 ,� lIf > XA,a. \1 I ` / `�I \ \\,„ 41''1ll, (� ) ' i' Xaxir O ��12 /l �t I `,�`? PROPOSED \ \`\�'us Ca / z/ �•'C J 4'► 1 / qs 1 / _ /�/ 8'� / d' V 2. (kaysl drift1. BuEdings s�„'9+ "y /, 3. Concrete/stone(apr \ \\ "-BOUL R �'� \ \\ \\ \ Gu war / ii r 2 / / �. 5.LINE OF4. wogs(Irak \\. 1^/ 931, r awr,. ora ( f R. vs, (\/, 6. Retaining walla(outs 73 5 T 1. �/y \\A \• \ i / / / �aa�•a 0(11Q xD,a1 \ R4, > wv / ' / y Toto Lot Area to aA« N \\\1 \ / / ri 1 (.,:r u.• �.\ �"-+we' WOOS \\ Xaxi. '`�/�w /o * Existing Hardcover Para / il r 'A�t N \ \`.,� /ia, / /R- _Dior \`,►a�0� \ -0tr . x9xie_--- �� �/ /� �1 1 \ X,A /6,- // --tom D ...„:74e G,w e -- �/ o \� • I i/ / 1 qs, \'_` 2 ., CERTIFICA1 ',\� J ` ELN.F or DELHJEAIED / 2/ / ,��r�u,7 Q trl \ ' \ J j' / �._'r \ ` ��-� ~ -,."� NFRAND / / S� l� I Hereby aertiry that this t zD.• >>i Land \+\ ��r j / ./ �. `.� Ant., Jz ----- •--�'`,• ,( duly Licensed Awre Gss r 1 ,/ / / N...,......... .....___ \ RQ! _ __ _ )� / V' Dot/ .7. d 1 \'ltt ', 1 /,� p \ • /= a+- / / / �: Dote a gn JWawo \\ \ /I / / e / - _ \ - Minnesota License No.2: / 9S9.J 9 ` _ \ I I I '' LAKE MINNETONKA ;'` / N72 � j / __171-oPaseP ii,Mi-Pcov6 . KEY - °" I ryg 9� , `� 1-5.70•41 ---1c�D S ti 0 f'E L 14 E 1,12- ( 01•O N O D.6�( I it / / 561'D / 1 2 so / LEGEND CNOT re sc.A.LE) /! / : 1 1 I / SO O MANHOLE -X-FENCE t izD., � LIGHT �/////BUILDING LINE DOCK l % / POWER POLE WITH LIGHT ® COMMUNICATION BOX �, I/O li C UTILITY POLE I / / ® AIR CONDITIONER --1 GUY ANCHOR • SIGN / M I -OVERHEAD WIRESCONCRETE I II GRAVEL SURFACE SURFACE _ I d� ' I / / D GAS METER I CAzL'e0 i' i VENT AIR+ SPOT ELEVATION I, / / ID ELECTRIC OUTLET POST ,-92O EXISTING CONTOUR LINE xiL /I/ / e pR TREE PROPOSED BUILDING �� . I \\ - ,--PROPOSED STEPS/LANDING \ 1i ��� -' \'\ ( WITHIN 75 FEET) N - , �, \ AREA =61 SQUARE FEET \ / --- 1 ‘ 1 i --- EDGE OF DELINEATED \ 160.0° '� ' 1� \ /' WETLAND \ i S Y LINE '' I 1/ URVE � i� \ ,--- 35 FOOT WETLAND BUFFER — — 1 1 \ z> - 931 . 5 CONTOUR\► , ^401›` lo. 5 ./ ,' � \ ft.... _ ___ ___ - _____,..„,...., i 4 N , ,\ mss ...... r s 0 00N \ 1---, O 7 N / \ I h0 I PROPOSED 1 9 l---- EXISTINGABIN \ / \ RETAINING I GUEST 1,,' 1 \ / \ WALL 1 HOME -��\ \ N O� l LANDSCAPING L----,f - -,1/ • PC Exhibit G #17-3904 Sec.78-302. -Permitted uses. Within the LR-1A one-family lakeshore residential district, no land or structures shall be used except for one or more of the following uses: (1) City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. c. If the city proposes amendment to the approved design plans or the placement of the structure, notice of the proposed changes shall be mailed to all property owners within 350 feet of the parcel on which the structure is to be located. If the proposed structure is to be located within a public right-of-way, property owners within 350 feet of the structure shall be mailed notice of the proposed changes. Notice shall be mailed at least 14 days before the council meeting at which the amended plans will be considered. (2) Gardens. (3) Municipal buildings. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure.Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. (5) One-family detached dwellings. (6) Publicly owned parks and playgrounds. (7) County dock, when: a. Directly connected to Hennepin County Right-of-Way. b. No overnight boat storage is permitted. c. No canopy is installed. d. Approved by Lake Minnetonka Conservation District. e. Secured with a fence and gate. Sec.78-303.-Conditional uses. Within any LR-1A one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Guest houses and nonrental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and Page 1 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: ((Criteria Removed by Staff for Brevity)) (4) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (5) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (6) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surrounding area. (7) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (8) Schools, daycare centers, uses accessory to a high school. a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children. Page 2 c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (9) Two-family dwelling, provided that: a. Public sanity sewer service is available; b. The lot is adjacent to a commercial or industrial parcel; c. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compatible with the surrounding residences. (10) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: ((Criteria Removed by Staff for Brevity)) (11) County dock, when: a. Directly connected to Hennepin County Right-of-Way. b. No canopy may be installed. c. Approved by Lake Minnetonka Conservation District. d. Overnight boat dockage for up to two emergency response boats. e. Secured with a fence and a gate. Sec.78-304.-Accessory uses. Within any LR-1A one-family lakeshore residential district, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. (5) Private docks,subject to this code and other applicable regulations,including boat storage density requirements. The accessory use of a private dock shall not include renting space. (6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3. (7) Fencing subject to the provisions of section 78-1405(7). (8) Signs, as regulated in this chapter. (9) Flagpoles, subject to accessory structure location and height requirements of this chapter. (10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. Page 3 (11) Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter. (12) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of[section] 26-76, when applicable. (13) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right- of-way, public boulevard, or required front yard except a designated, improved driveway. (16) Laundry drying equipment. (17) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. Sec.78-305.-Area, height,lot width and yard requirements. (a) Height. No structure or building in the LR-1A district shall exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent Area Width Yard Yard Yard to Street (acre) (feet) (feet) (feet) (feet) (feet) 2 200 50 30 50 50 DIVISION 5. -FLOOD FRINGE DISTRICT(FF) Sec.78-1124.-Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in section 78-1125. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. Sec.78-1125. -Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation.The finished fill elevation for structures Page 4 must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory structures. As an alternative to the fill requirements of section 78-1125(a), structures accessory to the uses identified in section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that: (1) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (i)adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with section 78-1125(a) of this article, or if allowed as a conditional use under section 78-1126(3) below. (d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (e) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (f) The storage or processing of materials that are, in time of flooding,flammable,explosive,or potentially injurious to human, animal, or plant life is prohibited. (g) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (h) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city. (i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity(in feet per second)would exceed a product of four upon occurrence of the regional (one percent chance)flood. (j) Interference with normal manufacturing/industrial plant operations must be minimized,especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (k) Manufactured homes and recreational vehicles must meet the standards of division 9 of this article. Sec. 78-1126.-Conditional uses. Page 5 The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s)or any applicable overlay district,following the procedures in section 78-1148 of this article. (1) Any structure that is not elevated on fill or floodproofed in accordance with sections 78-1125(a) and (b) of this article. (2) Storage of any material or equipment below the regulatory flood protection elevation. (3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with section 78-1125(a) of this article. (4) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in section 78-1127(f). Sec. 78-1127. -Standards for flood fringe conditional uses. (a) The standards listed in sections 78-1125(d)through (j)to all conditional uses. (b) Basements, as defined by section 78-1118 of this article, are subject to the following: (1) Residential basement construction is not allowed below the regulatory flood protection elevation. (2) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with section 78-1127(c) of this article. (c) Where lot size constraints prevent the fill elevation from extending 15 feet beyond the structure, a reduction in the fill extension may be allowed for lots less than 65 feet wide, provided the lots were established prior to October 26, 1978, the initial establishment of a floodplain ordinance. (d) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the state building code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the state building code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (e) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (1) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (one percent chance)flood event. (2) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city. (3) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (f) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. (g) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2)it is designed to internally flood and is constructed with flood resistant materials; and 3)it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: (1) Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the Page 6 state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: a. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and b. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the state building code and shall be used solely for building access, parking of vehicles or storage. 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 Sewage I � Public Water Structure I Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 1 75 GD11111I ■ Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Page 7 Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal,state or county highway and local public and private roads 30* * 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 lakeshore setback. 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 patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes,flagpoles and pump houses. 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 situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Sec.78-1280.-Minimum lowest floor elevations. All structures located within the Shoreland Overlay District which are subject to the floodplain regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements of that article. The regulatory flood protection elevation shall be established as set forth in section 78-1111. All structures constructed within the Shoreland Overlay District shall have their lowest floor, including basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory floodplain elevation cannot reasonably be determined,the minimum elevation at which the lowest floor, including basement, may be placed shall be determined as follows: (1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher. (2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record. Page 8 Sec. 78-1680. -Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. Sec. 78-1700. -Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. 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' . . -r) ::-7'' ''' i:l'' '.! • I f;',,,_'s:474'4,,,0:,. l• • i,-- ', It! .." • ., . , • - , - 111-tt-"2"1 ••' •,.....---__ -). rimons '..„ ., • I PERMIT PC CITY OF ORONO Exhibit J #17-3904 Permit Number: 2750 Kelley Parkway- PO Box 66 P03396 Crystal Bay, Minnesota 55323 Permit Type: Sewer and Water Permit (612) 249-4600 Date Issued: 7/17/200 SITE ADDRESS: 2090 Shoreline Dr WAYZATA,MN 55391 PID: 15-117-23-23-0001 DESCRIPTION: Proposed Use: Residential Permit Class: General Permit Type: Sewer and Water Permit Permit Sub-type(s): SAC Only DETAILS: Approved per resolution#: Separate permits required: NOTICES/REMARKS: FEE SUMMARY: Valuation: $ 0.00 SAC Fee: $ 1,100.00 TOTAL FEE: $ 1,100.00 APPLICANT: DOUGLAS HEAD OWNER: DOUGLAS P HEAD ETAL 2090 SHORELINE Dr 2090 SHORELINE DR MN WAYZATA MN 55391 THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED AND AGREES TO DO ALL WORK IN STRICT COMPLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS. APPLICAN PERMITEE SIGNATURE ISSUED BY SIGNATURE Copies:City,Applicant,Assessor,Finance Page 2 r t PERMIT ,CITY O F O RO N O Permit Number: 2750 Kelley Parkway- PO Box 66 P03397 Crystal Bay, Minnesota 55323 Permit Type: Sewer and Water Permit (612) 249-4600 Date Issued: 7/17/200 SITE ADDRESS: 2090 Shoreline Dr WAYZATA,MN 55391 PID: 15-117-23-23-0001 2P5\ DESCRIPTION: Proposed Use: Residential Permit Class: General Permit Type: Sewer and Water Permit Permit Sub-type(s): SAC Only DETAILS: Approved per resolution#: Separate permits required: NOTICES/REMARKS: FEE SUMMARY: Valuation: $ 0.00 SAC Fee: $ 1,100.00 TOTAL FEE: $ 1,100.00 APPLICANT: DOUGLAS HEAD OWNER: DOUGLAS P HEAD ETAL 2090 SHORELINE Dr 2090 SHORELINE DR MN WAYZATA MN 55391 THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED AND AGREES TO DO ALL WORK STRICT OOMPLIANCE WITH ALL QTY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS. APPLICANT PERMITEE SIGNATURE ISSUED BY SIGNATURE Copies:City,Applicant,Assessor,Finance Page 1 � � s CITY OF ORONON° 21270 P.O.BOX 66 GENERAL RECEIPT t CRYSTAL BAY,MN 55323 7-41 7— 19 OO DRono TE LpHONE:473-7358 n Received of 041,ttil QW .t�td oval Aw - DOLLARS For - 14444, S /f-0 0 T d Fund Object Program Div. Amount ( (4_ 4__ O 5 1 BY Ct4Sa City of Orono A.O. Box 66 crystal Ba * 55323 1612)473-7357 07/17/00 11:38:19 Customer: 2090 SHORELINE DR. 112 SAC GENERAL TAXABLE SALES 1 Q 2200.00 2200.00 +TX NOTAL 2,200.00 TOTAL SALE 2 200.0000 Check Received 1200.00 CHANGE 0.00 CLERK* 06 TRANS* 12897 r r City of Minnetonka Beach 2945 Westwood Road Mailing Address: P.O. Box 146 Mayor ll-17-79 Mike Bloom Minnetonka Beach,MN 55361 (612) 471-8878 (612) 471-7416(fax) 1i-easter-co. Kathi Salvog Council Members John Breon SANITARY SEWER CONNECTION JamesMarti J.Leff LETTER OF AGREEMENT Martin J.Leff Nell E.Mathews This letter of agreement is between the City of Minnetonka Beach (herein referred to as Minnetonka Beach), and the City of Orono (herein referred to as Orono). Due to a cost hardship, Orono is requesting sanitary sewer service from Minnetonka Beach for two(2) homes located in Orono to the north and west of the Arcola Bridge (referred to as the Head property). The connection will be made to the manhole at the intersection of Beach Lane and County Rd. 15 by boring under the waters of Lake Minnetonka fro the properties. Orono would like to have this project completed by Ju) 2000.&r c p` ► €S 5 1.5. Orono and the landowners will pay all costs incurred for this project including, but not limited to: • All construction related costs • SAC charges to the Metropolitan Council • Permits from Hennepin County and the DNR • Minnetonka Beach sewer connection fee of$2,177.25 per unit • A$25.00 inspection permit fee • Quarterly Minnetonka Beach sewer fees billed to Orono for each unit • Orono will own and maintain the sewer line from the Beach Lane manhole to the Head property. • Orono accepts responsibility for any emergency clean ups or risk of liability related to this sewer line. Orono will obtain the inspection permit from Minnetonka Beach at the beginning of the project. Minnetonka Beach will bill Orono the sewer connection fees in July of 2000, or at project completion. Sewer fees(currently $48.00/qtr. per household) will be billed to Orono and paid quarterly. APPROVED: APPROVED: Mi e B oom, Mayor Gabr -1 Jabbour City of Minnetonka Beach City of Orono Date / Date II 'I.'<16 OA? i/0 0 7_,,,, , CITY of ORONO 1.7t,, 13, 41.,� G~ RESOLUTION OF THE CITY COUNCIL ESi30¢ NO. A RESOLUTION AWARDING THE CONTRACT FOR THE INSTALLATION OF SANITARY SEWER FOR 2090 SHORELINE DRIVE (HEAD PROPERTY) WHEREAS, pursuant to an advertisement for bids for the installation of sanitary sewer improvements for 2090 Shoreline Drive, bids were received,opened and tabulated according to law; and WHEREAS,it appears that Minncomm,Mora,Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. The Mayor and Clerk are hereby authorized and directed to enter into a construction contract with Minncomm,Mora,Minnesota,in the name of the City of Orono for the installation of sanitary sewer improvements for the 2090 Shoreline Drive property according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of$31,936.00. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids,except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Orono City Council at a regular Council meeting held on November 8, 1999. ATTEST: , , Zi� �/12;4/ S. Vee, City Clerk -Th Jabbour, Mayor Page 1 of 1 1.01 PC Exhibit K #17-3904 Hennepin Hennepin County Locate & Notify Receipt Provided By: Resident and Real Estate Services Print Date Mon Dec 12 12:05:39 2016 This is a receipt only with 'paid'stamp or cash register receipt attached TOTAL COST: $25.00 Company or Homeowner Name: Laurel Ulland Contact Person: 612 377 5984 :147") Subject Property Address: 2090 Shoreline Dr., Orono Comments: MART MCCOiNiiCK,REGISTRAR OF�LE8 350' BY 1, DEPUTY Buffer Distance: 350 feet Mail Label Count: 5 38 15-117-23 21 0006 38 15-117-23 21 0007 38 15-117-23 21 0013 38 15-117-23 22 0001 38 15-117-23 23 0001 R �c r RUN DATE:12/12/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 15-117-23 21 0006 M STEWART&R STALOCH 2080 SHORELINE DR ORONO MN 55391 MICHAEL STEWART ROBIN J STALOCH 2080 SHORELINE DR WAYZATA MN 55391 38 15-117-23 21 0007 S D TRUST CO LLC TRUSTEE 38 ADDRESS UNASSIGNED ORONO MN 00000 S D TRUST CO LLC GO LORI ENTEMAN 201 S PHILLIPS AVE t200 SIOUX FALLS SD 57104 38 15-117-23 21 0013 HENNEPIN CO REGIONAL RR AUTH 38 ADDRESS UNASSIGNED ORONO MN 00000 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 400 MINNEAPOLIS MN 55415 38 15-117-23 22 0001 NORTH SHORE MEADOWS LLC 2165 NORTH SHORE DR ORONO MN 55391 GREGG&DENISE STEINHAFEL PO BOX 67 CRYSTAL BAY MN 55323 38 15-117-23 23 0001 MM HEAD 2014QPRTRUST 2090 SHORELINE DR ORONO MN 55391 MARTHA M HEAD TRUSTEE CEANN COMPANY LLC 11100 WAYZATA BLVD STE 230 MINNETONKA MN 55305 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. • PC Exhibit L Hennepin Hennepin County Locate & Notify Map #17-3904 Provided By: Resident and Real Estate Services Date: 12/12/2016 r •010-117-23-33 10-11 23-34 • 15-117-23-22 5-117-23-21 15: 15-117-23-22 5-117-23-21 /////// 15-11 23-23 15-117-23-24 15-117- 3-23 15-117-23-24 Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I I t t I t i t I 1511723230001 M M HEAD 2014 Q P R TRUST For more information contact: 2090 Shoreline Hennepin County GIS Office Drive 300 6th Street South Orono,MN 55391 Minneapolis,MN 55487 gis.info@hennepin.us Item 7 �O'V� Date Application Received: 1/19/17 Date Application Considered as Complete:2/1/17 .. ti 60-Day Review Period Expires: 4/1/17 F c., lq^ESHOQ'{c' To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Mike Gaffron,Senior Planner Date: February 21, 2017 Subject: #17-3906,Joshua/Markum Builders, 3472 Lyric Avenue - Variances (Area,width,structural coverage) - Public Hearing Application Summary: The applicant requests lot area and lot width variances in order to construct a new residence to replace the existing residence on the property. This small lot would qualify for buildability without area and width variances under the Shoreland regulations; however,a qualifier for taking advantage of that is a hardcover limitation of 25%. This property is in Tier 3 which normally allows 35% hardcover. In order to be able to exceed 25% up to the 35% limit, the lot area and width variance is required. Proposed hardcover as submitted is just under 34% when the 100 s.f. deck hardcover allowance is accounted for. Additionally, as proposed (per revised plans submitted 2/13/17)the new residence will slightly exceed the 1500 s.f. structural coverage limit by 3 s.f.,for which a variance is requested. Staff Recommendation: If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval would be in order. Staff recommends approval of the area and width variances. Planning Commission should explore with the applicant whether the footprint can be further reduced to meet the 1500 s.f. limit. Zoning District: LR-1C,One Family Lakeshore Residential, 0.5 acres/100' min.width Lot Area/Width: 6,721 s.f. (0.15 acre), 50'wide List of Exhibits Exhibit A. Application Exhibit B. Existing Survey Exhibit C. Proposed Survey/Site plan Exhibit D. Proposed Building Plans& Elevations Exhibit E. Practical Difficulties Documentation Form Exhibit F. Submitted Hardcover Calculations& Lot Coverage Calculations Exhibit G. Photos Exhibit H. Plat Map Exhibit I. Property Owners List Exhibit J. Neighbor Comments Received Background The applicant is proposing to remove the existing residence structure on this small lot and replace it with a new residence. When applying for the demolition and building permits, applicant was advised that either hardcover would be limited to 25%, or a lot area &width variance application 5 FILE#17-3906 February 21,2017 Page 2 of 6 would be required in order to increase that to 35%. Applicant determined that keeping to the 25% limitation would severely restrict the driveway, decks, sidewalks, and potential other amenities desired, hence this application. Setback and height limits will be met; however,the building plans submitted with the application indicate lot coverage by structures of 1546 s.f.,46 s.f.over the 1500 s.f. limit for this small lot. LOT ANALYSIS WORKSHEET(Variances noted in bold type) LR-1C Zoning District Required/Allowed Proposed Lot Area 0.50 ac. minimum 0.15 ac existing Lot Width 100' minimum 50'existing Street Setback 30' 30.0' Left Side Setback 10' 10.0' Right Side Setback 10' 10.0' Rear setback 30' 43.2' Structural Coverage: Total Lot Area Total Structural Coverage 6,715 s.f.+ (0.154 acre) Allowed: 1500 s.f. (Lot is less than 10,000 s.f.) Proposed: 1503.2 s.f. Hardcover Calculations: Stormwater Total Allowed Proposed Overlay Area in Existing Hardcover District Tier Tier Hardcover Hardcover Tier 3 6,721 s.f. 2,350 s.f. (35%) 2933 s.f. (43.6%) 2270 s.f. (33.8%)* * 2320 s.f. reflects 100 s.f. deck hardcover allowance deduction APPLICABLE REGULATIONS: 78-350: LR-1C Lot Standards &Setback Regulations. 78-1685: Massing Standards (Shoreland) (1) Non-industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwater quality overlay district that have a gross acreage of less than two acres shall comply with the following massing standards for structures. a. Maximum total footprints allowed. 1. On lots equal to or greater than 10,000 square feet in area,the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. 2. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 1,500 square feet. b. Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: 1. All roofed structures more than six feet above existing ground 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 FILE#17-3906 February 21,2017 Page 3 of 6 existing ground level (if any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). 78-1: Definitions Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures (and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. 78-1700(3):Tier Hardcover Limits 78-72: Lots of Record (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR-Lakeshore Residential districts,that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080,can be installed or the lot is connected to a public sewer; and c. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. d. All other zoning district standards can be met. (3) A lot subject to either subsections 78-72(c)(1)or(2) remains subject to the hardcover restrictions of this chapter,as follows: a. Where the hardcover square footage allotment as calculated based on the assigned tier exceeds 25 percent of the entire lot area, hardcover shall be limited to 25 percent of the entire lot area. Governing Regulations: Variance (Sec. 78-123). In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is FILE#17-3906 February 21,2017 Page 4 of 6 not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family residences are a permitted use within the LR-1C zoning district. 2. The variance is consistent with the comprehensive plan. The proposed residential principal structure is a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner is proposing to use the property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. b. There are circumstances unique to the property not created by the landowner. The plight of the property owner is due to the existing substandard lot size, which is a result of the property being platted as part of the Navarre Heights subdivision in 1909, long before local zoning codes were in effect;and c. The variance will not alter the essential character of the locality. The Navarre Heights neighborhood consists of lots typically 50 feet in width and 130-145 feet in depth. Over time these lots have been developed for individual homes singly or in combinations of 2 or 3 lots together. In the opinion of staff, construction of a single family residence on a single lot in this neighborhood will not be inconsistent with the character of the surrounding neighborhood. City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot area, lot width, hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the neighborhood; however, in order to be allowed the 35% hardcover that other developed similar-sized lots are afforded, a variance to lot area and width is required. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff,the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar-sized lots are allowed. However, granting of a variance for lot coverage by structures of more than 1500 s.f. is not necessary to preserve property rights, and such a variance is not supported by a practical difficulty. FILE#17-3906 February 21,2017 Page 5 of 6 7. The granting of the proposed variances will not in any way impair health,safety,comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff,granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the property to re-develop under the same hardcover and structural coverage allowances as other similar-sized developed lots in the neighborhood. The Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Analysis:Lot Area and Width Variances The Navarre Heights neighborhood consists of single family homes located on Lyric Avenue, Livingston Avenue and Crystal Place, between Shadywood Road and Blaine Avenue. In this neighborhood,42 homes are on single 50'-wide lots;22 homes are on double lots; 5 homes are on triple lots; and one home is on a combination of 4 lots. The applicant's property has contained a single family residence for many decades.The ability to rebuild on the property in the same manner as other existing developed properties in the immediate neighborhood would be limited if the area and width variances are not granted. The applicant's proposed site plan indicates all required LR- 1C setbacks will be met. Analysis: Lot Coverage by Structures Variance The proposed house with a 1503 s.f. calculated footprint is slightly over the 1500 s.f. structural coverage allowance for lots less than 10,000 s.f. in area. Other recently redeveloped lots of similar or identical size in the neighborhood have been able to adhere to the 1500 s.f.limitation,and there is no apparent justification for a variance for this property. Practical Difficulties Statement Applicant has submitted a partial Practical Difficulties Documentation Form attached as Exhibit E, and should be asked for additional testimony regarding the application. Note that the need for a lot coverage variance was apparently not known by the applicant at the time this form was submitted, and it does not address that variance. Applicant has been advised of the overage and has not submitted revised plans which reduced the lot coverage from 1547 s.f.to 1503 s.f., nearly meeting the lot coverage requirements. Planning Commission should discuss with the applicant additional ways to reduce the footprint by 3 s.f. Neighbor Comments The City has received a comment letter from neighboring property owners to the immediate east at 3468 Lyric Avenue, expressing concerns regarding drainage, construction impacts, and the character of the neighborhood. See Exhibit J. The neighbors request that the new home be no closer to their property than the existing residence which is approximately 12' from the side lot line. The new home is proposed at 10'from the line. The neighbors' home is approximately 8 feet from the lot line. Note that although the site hardcover is being reduced from the existing level, drainage arrows shown on the survey direct drainage straight at the neighboring property instead of toward the street. This needs to be resolved prior to building permit issuance. FILE#17-3906 February 21,2017 Page 6 of 6 Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. If the Planning Commission concludes that the variances as requested are justified, does the Commission find it necessary to impose conditions in order to mitigate any impacts created by the granting of the variances? 4. Does Planning Commission find justification for granting of the 3 s.f. structural coverage variance, or should the footprint be further reduced? 5. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the requested lot area and lot width variances. Staff cannot recommend approval of a variance for structural lot coverage, despite the fact that it is minimal. If Planning Commission determines that the practical difficulties test is met for the area and width variances, then a recommendation for approval would be in order, subject to the following conditions: 1. Applicant shall adhere to the 35% hardcover and 1500 s.f. structural lot coverage limitations. 2. Applicant shall submit and adhere to a grading plan to be approved by the City Engineer prior to building permit issuance,showing that drainage from the new residence will have no additional drainage impacts on the neighboring property, and if possible reduce the existing impacts. While this is a standard building permit condition, it is called out here due to expressed neighbor concerns. City of Orono Variance Application PCExhibit A Street Address: Application# '�-,..3901v iiO/,TO 2750 Kelley Parkway I�' Y Orono,MN 55356 Date Received: /- /8-/ 400,a: Main: 952-249-4600 Staff: Mee fax: 952-249-4616Fee: $700 A Mailing Address: y 4' P.O.Box 66 Escrow: $700 / $2,500 �G Crystal Bay,MN 55323-0066 Notes: '4kEsHOV- Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 3472 Lyric Ave Orono, MN 55391 DESCRIPTION OF REQUEST: to move from a non-comforming lot to a Ter-3 lot as to build a new house. (attach additional sheets as necessary) APPLICANT INFORMATION: I2I check here if Applicant address should be used for billing Applicant: Joshua/Markum Builders, Inc. Phone(Primary): 612-998-7818 Mailing Address: 7867 Eastwood Road City: Mounds View ZIP: 55112 Email: mark@joshuamarkum.com PROPERTY OWNER INFORMATION: Oct check here if Property Owner is same as applicant 0 check here if Property Owner address should be used for billing Name: same as above Phone(Primary): Mailing Address: _ City: ZIP: Email: APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property 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. • The Property 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. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property 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. • Information will be distributed via email. -_ �Applicant Signature: CA / Date: I Applicant Signature: Date: Property Owner Signature: Date: RECEIVED Property Owner Signature: Date: JAN 1 8 2017 Variance Application-January 2017 Page 4 3906 CITY OF ORONO , . CERTIFICATE OF SURVEY HARDCOVER AREAS" RECEIVED ' -for- Joshua/Markum Builders, Inc. FMD. 1/2" OPEN I ' (See Hardcover Calculation Worksheet) JAN 2 2017 -of- 3472 Lyric Avenue PC Exhibit B R N0 Orono, MN s CITY OF 0 0 'LEGEND , i ,, ./ . - , ,. i L_:.! ! , ; I i ® DENOTES AIR CONDITIONING UN',1 A ! NORTH X 952.36 DENOTES EXISTING SPOT ELEVATION Existing 14.- C I © DENOTES GAS METER l Ggrage 1 ff I n Z7 DEMO-ES HYDRANT it 9>•Y ..'. ' I © DENOTES MAILBOX Q�.y9° ;' ' �,.., ".. DENOTES POWER POLE END.IP- P 'o/8li: O' ,A� : 1_FMD.:/2" OPEN }� __.,....,01,..1.8.A96 M i. Y.,�cn.� _ 0 DENO`ES SANITARY SEWER MANHOLE — , 243,, r El II a�� O RET98 ^Fence•.lies 1' I>4 DENO-EQ WATER VALVE WALL E. of 14t line NOTES Existing Gorogo �� I: 0 0- DENOTES WOVEN WIRE FENCE '4(588 sq. "-t) 61 ^,i+t" D o- DENOTES WOOD 7ENCE 1 N• w: - vo Field survey was completed by E.G. Rud and Sons, inc. on 01/23/17. DENOTES RETAINING WALL 33 24.3% ^ti `fl Bearings shown ore based on the Hennepin County Coordinate System NAD 83 (96 adj.). DENOTES EXISTING CONTOURS / / • 987...• 4+ / '''';. I - Vertical Catum: NAVD29 44)> DENOTESEXISTING SANITARY SEWER LOT A ti,4,: : ,. 0Hw DENOTES OVERHEAD WIRE N; dr�®:_ ''�'s' .•• 5- . ' '.� - This survey was prepared without the benefit of title work. Additional easements, _ — �' ® (pK,�y I t -r _ restrictions and/or encumbrances may exist other than those shown hereon. Survey subject DENOTES BITUMINOUS SURFACE ' �. • �,& •►� I ! 65 �, 123 fes , �{ ' + ` � to revision upon receipt of a current title commitment or an attorneys title opinion. L. •_, DENOTES CONCRETE SURFACE ' ' ,-FFE..981.5 . + "`,t 1..... tt .I I t At ^' DENOTES GRAVEL SURFACE �� Ir t t.. _ ^: ;, + I Due to field work being completed during the winter season there may be I M. �� CO W, `: . ,, improvements in addition to those shown that were not visible due to snow and ice conditions p-J E E Existing Mouse RA ';�, s '�C °'-� (962 sat ft) a ar 4 aharocterist•c o. Minnesota winters. �' 11.1 1 0 ; Existing House I II o eFFE=983.3 X5.6• ,/ V ' ; ,.1 - r Existing House t .4 . k r"s f tI.+." , I_�_.. �40404Vr 1; � ' 1� t-( F .I V.- 130unda ea .p I._ • • �_.; t t' `I i ` + t G, W =6,721 S• FT. Nm , I FFE GAR 985.0' ''• If �+ x 9 85..�• : ........g " FMD. 0 1/2" OPENL ............. - 99.94 .............. • •l 49.82 �• 20;.23 p0 = 983.40 END. 1/2" OPEN. .... an 150.3 .. 50 P TNHXYZ FND.IRON1 FND.1/2" OPEN' I S89°4 ,f5" , ' 1/ r W/UNREADABLE CAP cs -< Lyric -c 9�i--. : enue 6972.49 • ..... ..... .... .. .......o Lot 18, Block 5, NAVARRE HEIGHTS, Hennepin County, Minnesota. # 3 9 06 o Denotes Iron Set Bearings shown are Hennepin ! hereby certify that this plan, survey or report was prepared by me or under my _ • Denotes Iron Found County Coordinate System (96 adj.) irect supervision and that am a duly Registered Land Surveyor under the laws di(� E.G. RUN 1 SONS, INC. of the State f in ota. Dated this 26th day of January , 20'7. Professional Land Surveyors Scale 1 "= 30 ' Drawn B y: SN N www.egrud.com 990 5th Avenue SE Suite 2 Job No.: 1 , S Project Manager: KDN JLicense No. 45356 Tel.Huth iinsoonn,Fax MN�553550 1 of 2 gelf/50 . Sk►QJt 1 2/1%/i 7 CERTIFICATE OF SURVEY - PROPOSED -for- Joshua/Markum Builders, Inc. ...........4 9900 O O P).................... .._. ... .. • -of- 3472 Lyric Avenue, Orono, MN -- Am._7/7777? O PROPOSED I HARDCOVER AREAS: LSTt 18 X979.94 (See Hardcover Calculation Worksheet) ■ i / / ,.. .�+ 0C• pk NORTH V o / o H y N i Boundary Area _ ;/ fi 7 ' 6,721 SQ. FT. A . l I — • \ ':, ■ ti 9 08i • •F_-732 -- Deck ,.-- Egress <<', o 0 1 Window' ,' ' • C9_82.4.)LEGEHD • ,4.DD a .. O OAK 33,7y p • _ I__ 52155 16.00 - 10.0 - x980.61 • ® DENOTES AIR CONDITIONING UNIT ■ • • )(952.38 DENOTES EXISTING SPOT ELEVATION , p V l DENOTES GAS METER (I / ///77 1.5 s�� V DENOTES HYDRANT I■ . • , ,.'"% / DENOTES MAILBOX I CANTILEVER'`-- "6 / 'Kb DENOTES POWER POLE 1. i/ _�_� ® DENOTES SANITARY SEWER MANHOLE o / PROPOSED ao "" / D4 DENOTES WATER VALVE / N —o -o DENOTES WOVEN WIRE FENCE HOUSE ❑ ❑- DENOTES WOOD FENCE / 61 i oma, . DENOTES RETAINING WALL '..". DENOTES EXISTING CONTOURS /KJ C') u7DENOTES PROPOSED CONTOURS � //://ili//''>o< 18O > DENOTES EXISTING SANITARY SEWER ■ / /�@� rn 8.0�ouw DENOTES OVERHEAD WIRE ? / St C� E BLDS3 DENOTES BUILDING SETBACK LINE r' ° DENOTES DIRECTION OF DRAINAGE 200 /, r. DENOTES BITUMINOUS SURFACE �c • ir'j': 1,"5-< dam. E DENOTES CONCRETE SURFACE // / VtI DENOTES GRAVEL SURFACE I / ., ~ vZ CO/ I EXISTING HOUSE w •591.95 3484 LYRIC AVE '...•,..: ■ \ tn y LI (NJ P10:1711723430157PROPOSED 0 • / //// GARAGE o 20.00 • • o-- C982.6 • CO : \I PROPOSED c `b DRIVEWAY N?• •..gg6 •982.83 • . \. �, H- r.. .981.2 N .. .,g85. NN • o x f \ .: �- ---oz.s-- { �(�` W 983-40 i • t.J °' S89.41 5W TNHXYZ Scale 1 "= 10 ' Drawn By: SNN Project Manager: KDN Job No.: 170401-IS o Denotes Iron Set • Denotes Iron Found Bearings shown are Hennepin County Coordinate Syst 6 adj) I hereby certify that this plan, survey or report w ared b me or under my 4 o direct supervision and that I am a duly eyed Land Surveyor under the sr ., E.C. Mill ii, SOI g of the State of Mi s+t'. Dated Is 13th day of February , 2017 ' ' '" Professional Land c 'ors ,� /% www.egrud.com 990 5th Avenue SE 2 License No. 45356 Hutchinson, MN 5 Tel.(320)587-2025 Fax(320)L...- 2of2 .LITTFIN DESIGN ©COPYRIGHT 2016 MLIITFIN@HOTMAILOOM PC Exhibit D q ca opJa QED c, o� 0 oJc Q D a u • ) { ,,c3oa . k ._ N 0Q c:f&o IN .,- 7 pc:3 , r - do A 1 o i) L4-__F--/ v i If � p * o D , 0 ( .,IV -1 , Cis ,...'jk' 5 _ 11111111 1 , , 11 -,- -1 I 1 Erj I L_1 11 I1 it1 - 421 1 .� J H � ► ' ► L J . , 3472 Lyric Ave. Orono,'MN 55319 w so 0 o' 4„ ;:7::o m ndl 0 -4 c MO TIM � GENERAL EXTERIOR NOTES: _ Vs ;AA ''.t 1.ALL EXT.TRIM TO BE FLASHED PER CODE. ., 2.SUPPLY DRIPCAPS ON ALL WINDOWS AND DOORS. ' f• 3.SUPPLY SEPARATION BETWEEN WOOD,COMPOSITE UTTFIN I Mil04 W000 AND ANY OTHER WOOD MATERIAL PER SPECIFICATIONS. 4.SUPPLY AT LEAST 8'OF SPACE BETWEEN BOTTOMS `` OF WNDOWS AND ROOFS. _�r� ;�_ S 5.GRADE CONDITIONS MAY VARY ON SITE. 8.PROVIDE ROOF AND SOFFIT VENTS PER IRC CODE ■■■■ �� :: .=ii REGULATIONS. ■MIN ME 7i i i T.ALL FURNACE FLUES,PLUMBING VENTS,FIREPLACE pI ■I■ r� ''� JIIM VENTS AND OTHER PENETRATIONS THROUGH ROOF .W 1 i�_o` ......."-= OR WALLS TO EXTEND THROUGH REAR OF HOME Imo'" I . • WHENEVER POSSIBLE. _ A.www,us MEMO 8.ALL PENETRATIONS THROUGH EXTERIOR WALLS — DiSNOM Al LIE OR ROOFING MUST BE SEALED AND FLASHED PER —:■r::L_ _ _ moi.�� �- �- Ism= KAMM AW/d1Mb1 MANUF.SPECIFICATIONS AND IRC CODEa�� -.- `-.,. MINa�- "�� REGULATIONS. .rte mLEeleow wmlon 9.DOTTED AREA ON ROOF PLAN INDICATES LOCATION I .- ^1SVINTnt��T OFICEAVATERBARRIER. IIe arU�Desws 10.HOLD STONE OFF GRADE MINIMUM OF 3". ..�. _� fIII! 1 . ,�- mamma OCOPYRIOHT ann 11.REFER TO MANUF.SPECIFICATIONS FOR STONE. 12.GARAGE BUCK BOARD MATERIAL IS TO BE .,,R �� COMPOSITE WOOD AND SIZED TO COVER THE EDGE OF STONE. e -I 101000161.2111•0•00••• 14ALL BEAMS HOLDING UP PORCH ROOFS ARE TO BE DROPPED UNLESS OTHERWISE NOTED. °RIGHTEIEVATICN ' ' r ��/l ''L scu.c:,mil ■■■■ ■i MIN lemensiimme EN==NMI ili .... ■ I, O 0 0 ...""reip==I Mrs....... 'Ng i g 1 r 1 eft ft.ORMeararr. ...1 a • Mt 1 IMMIIIIIIIIIIIII 111111111111111.1.1.M i {..._Nem=mooi } LI -L.; '2.- _ A3 on0N "�,,; ..� a O LEFT ELEVATION SCALE:1/4•-1'_p' 2 W-,v' imillaJ"LJ SCALE 1/i-1,-1 REAR/SIDES I' 2 SM 3060 MULL � ' e:i. /�1 LI THIS DESIGN ©COPYRIGHT 2016 _ M ••N@HOTMAIL.COM IN (2)SH 4060 MULL ++ o , D l O . [Ir! � r r u�riliDINING ROOM ,J ——--- 1VVOOD ti 12'SOFFIT 0 rtg -- ® ® FAMILY ROOM H: KITCHEN § WOOD ®® yy00D I 18'X18'4" g 13%16. s 4L0' k 3-0" Is — —— ,em., I� ll FOYER -----7313 . —I —1(71)r\" . 1lif �,�. 'ROOM ---pbwDER - C o o TILE � - - J y 3 g�ppR 7p {� (131' AMS. AN do 1 TRANS. ABV. HVAC/ COVERED PORCH �I PLUMBING CONCRETE L_1 1 2-CAR GARAGE CONCRETE fte'Sli II\ 19X2 e'i _...\_. ft *; � W Iv ND© i, IttHh 1, i 0, Nii ' j L11 . ! k A I "--.omO O oN g\ 16'x8'OVERHEAD MANAGE DOOR v CO n//PROPOSED FIRST FLOOR PLAN 1 �� N-TS. 1006 FINISHED SO.FT. T' 47.4;ipsli..,, !�.vi (2)SH 3050 MULL L„ �T_�sa� --.1 D i LITTFIN DESIGN ©COPYRIGHT 2016 MLIT FIN@iHOTMAILCOM ink 12 VAULT \r .♦s.♦ F (2)SH 3011 MULL 1' ' (1)SHELF/(1)R0D OWNER'S $ft I SURE i • LI Ig ` 13RX15T ♦ CLOSET 4 'Mitmi t/ .. ♦••♦ ':-i ,f— F'- 111r I-— _ . . BEDROOMS / I CARPET 11x11 0 0 Egt.: [ ,z, .........., i 1 OWNERS y......„::............. I, :-' BATH '8 \ p TILEo 6) \ - n Ili3-Cr — n n 3 HALLWAY ,,,,A, 0 / BEDROOM t2 CARPET CARPET 11'6,(107' i la o /. rr 8 )CLOSET \I CLOSET Iw 6 (1)SHELF/(1)Roo (1)SHELF/(1)RODSH 3030 3$ to, 3-6 F j HALL BATH j Tg TILErai o / J FX 2640 LL BONUS ROOM CARPET 1 TX16'E" m ft C n 2 LW 6 4 CD z 0 i oz, rn —...1 0 (2)5H 3050 MULL J— b m 0 PROPOSED SECOND FLOOR PLAN N.T.S. 1312 FINISHED SO.FT. tk- • SLIDER 6056 LITTFIN DESIGN 0 COPYRIGHT 2016 MLITCFIN@HOTMAILCOM BEDROOM#3 CARPET 12'10"X14' 1\1/ ENTERTAINMENT ROOM WOOD (1)SHE LF/(1)FROD 14'9"X21'4" 431 BSMT BATH TILE J 0 MECHANICAL/ vj �' ^---� }Ju RID STORAGE t 1 CONCRETE O F.D (� C WH \ W sO A k43, n QN rn nPROPOSED FINISHED BASEMENT PLAN N.T.S. 756 FINISHED S°.FT. GENERAL FOUNDATION NOTES: uT rPw 1.FOUNDATIONS TO BE POURED PER ,,, Deslc� SITE SOIL CONDITION. 2.ALL REINFORCING IS TO BE �, "°' ""`'Mgr Z. !f g INSTALLED PER IRC REGULATED ' ton � �+�, JSTRUCTURAL DESIGN BY CONCRETE 'o , TRADES. ---- i 3.PROVIDE i"ANCHOR BOLTS __ Ig EMBEDDED 8"MIN.,SPACED PER ""T__ — __ - 11 i a .,� CODE AND 12"MAX FROM EACH END I r OF SILLPLATE,MIN 2 PER SILL �E1 IIS+ �,....�.. " . � mr`ou pw 4.PROVIDE CONTROL JOINTS PER ,I r !; o Cr111196 PLANS el AMY 01111131 PLAN,JOIST TO CONSIST OF HIDDEN ; Till.NOtmaTIE ZIP STRIP EMBEDDED INTO THE r I! *^E R 1oFu1T EMO010. SLABS. 1 ., _ of UTWIN WNW■ 5.ALL ANGLED WALLS ARE TO BE 45 ' L`"' it rwm . DEGREES UNLESS NOTED �' t' �" ,, �/LLCOPYRIGHT � OTHERWISE. 8.SLOPE CONCRETE TO FLOOR ' p . : DRAINS WITHIN 5'OF DRAINS. I� �qi `"any 67:...... . q 7.ALL WOOD MATERIAL CONTACTING I ! DIRECTLY TO CONCRETE MUST BE ;I TREATED OR DESIGNED TO CONTACT .,a N'�� ' CONCRETE. m rr• 8.STEP FOOTINGS PER PLAN ,, SPECIFICATIONS. arrirjE. �, B.PROVIDE DRAINTILE AROUND " '' 5T(IOP II' , PERIMETER AS SHOWN.LATERAL --nr c--- ��I-- . 3M3 w SOIL PRESSURE ASSUMED TO BE 30 g _ a ? 2s, z PSF/FT. i 'r:er 3 z 1141,0* �' U Q O i, SLAB 3 j L•n men Evaci n oiaw ra USX P. �� kg i•17 r WI m Kabml aria El 141647: * .q.roo,ib Iwo ^,.,it .,//// /..•27/•l'/•7. tit-, we x AM 1 FOUNDATION PLAN V o r e MO OP•1r 16. 6111111111111d SCALE'o/a' Y-O' A4 , __ FOUNDATION GENERAL FRAMING NOTES: OA IF--- 1.ALL NON-BEARING FRAMING IS TO BE 16'O.C. !lTTFlN I DESIGN UNLESS OTHERWISE NOTED. 2.ALL WALLS TO HAVE A DOUBLE TOP PLATE UNLESS 1s+ OTHERWISE NOTED. e' _ k ALL3. EXTERIOR WO AT �'`� ARE TO BE 2X8 WOODD � �, / STUDS WITH 711r 0613SHEATHING,UNLESS NOTED :.2"=. '!:. OTHERWISE. Al - ALL%Mt A Nes16141 MOWN AMINE 4.ALL INTERIOR WALLS ARE �"0P°�TM0F1n""' TOB E 2X4 WOOD STUDS „®.�, ouiwOM USE Y Meat UNLESS NOTED nM CTAMrvfl rW AMOM0•lM®1 TMIIM+1d ONiMB OTHERWISE. •• - r., Th ENCOM it 5.ALL COLUMN SIZES ARE /�� °F.A0111 ' TO BE CONTINUED 4 `�zgingelm OCOPYRIGHT 2017 THROUGH FLOOR TRUSS '.�,C.J. �IP 3 SPACES WHEN SPANNING : I ,. �-^- MORE THAN 1 FLOOR. ° ....A ..�`�' S.ALL WOOD MATERIALS s I " ARE TO BE PROTECTED PER -� MI _ - ,,..,.s CODE&MANUF. SPECIFICATIONS WHILE . , _ - BEING STORED ON SITE '- 1 ial I we bai =L■i ii ,-- f �lfl 1 , ' I�•wi Id ii muli s z : '�.� si $ z 2 U U K J J E 9AIn1 pm.aa. i1117 IMMN 0, I ® ".' ma r - '-._K ri aM.M... LL1 v . SCALE:1/4--t'-O- A5 MN.BASEMENT ea GENERAL FRAMING NOTES: ; 1.ALL NON-BEARINGurmN I Of FRAMING IS TO BE 16"O.C. UNLESS OTHERWISE NOTED, 2.ALL WALLS TO HAVE A DOUBLE TOP PLATE UNLESS K a f'• .,. g„ 8 1 OTHERWSE NOTED. _"_�T _ "` 3.ALL EXTERIOR WALLS ARE _ —._.�. �r A m WITHH 2X6 WOOD STUDS Y WITH7H6 OSB SHEATHING, 3 , , ___ 1:' �� UNLESS NOTED OTHERWISE. 11 1 4.ALL INTERIOR WALLS ARE �) M - II r �NAM��� TOB E 2X4 WOOD STUDS i ii : rx ROOM ARE The UNLESS NOTED OTHERWISE. " PI` I" �"� om uaus an onalt 5.ALL COLUMN SIZES ARE TO "r 11,1f prouO ON rr mit BE CONTINUED THROUGH � 1nail New 01111a Via+ leruaolar"MOW FLOOR TRUSS SPACES WHEN ill ,�c�.erre.aaeerr orurni mens SPANNING MORE THAN 1 1 . I �� 1 iRais� FLOOR. i k11–..11777p _- 02 COPYRIGHT 2017 6.ALL WOOD MATERIALS ARE b [ ® 1.02,1111611I.MOM TO BE PROTECTED PER g "" M= CODE d MANUF. F/ M �,� tris_! :i SPECIFICATIONS WHILEamoresoymecemns BEING STORED ON SITE. ZI`f -1 �"a il 19pRipiniligar. I1 mi _ - i ,.. : r ' !t ►' ami illi i -.1ero+.APm ' 14. 11"2.all'gig rLigg ■ �r� El 11 IliVimlw F-- -upiiiilim .. _ ,. «,r I VI 10 W 1_I i. ' 1 1 2 i i g > 0 < ., ir ., 0 1 0 awe. • e J J 1 II: I. l',"t‘ rr: M B -` r - ORM.o"; a,,..„, eerersor I - r1 WO 100 a Mt ali ONM FLOOR PIAN , Meq o r r OSMOND FLOOR PIAN I � .wtiir.+s ...wes.e.. li�^am■ii FLOOR PLANS PC Exhibit E PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form Is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties,address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance Is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, If they do not apply, write 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." Yes, to tear down a small house and replace with a new constrution house. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." Yes,the lot is listed as non-comforming not Ter-3 3. "The variance, if granted, will not alter the essential character of the locality." Correct,the new home will be similar to the one built at 3438 Lyric Ave 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." The house on the property right now would needs to be torn down due to the condition of the property. 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,Section 116J.06,Subd.2,when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." RECEIVED Variance Application—January 2017 Page 7 JAN 1 7017 3 9 0 6 CITY OF ORONO 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." correct, the house will be similar to that of 3438 Lyric Ave 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." they do apply 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Correct 11. "The granting of the proposed variance will not in any way impair health,safety,comfort,morals, or in any other respect be contrary to the intent of the Zoning Code." Correct 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Correct 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)The lot is a non-comforming lot and i would like to have set as a Ter-3 i would meet all the set backs and it would fit the lot and the location very well. I feel this new home would improve the neighborhood. RECEIVED Variance Application—January 2017 JAN 1 Page 8 3906 CITY OF ORONO City of Orono air deover Calculation �w 1� t hs eet �U.1� PC Exhibit F k\liLP. 1 Property Address: .3y7„2_ zy�,. • l. / Prepared by: (�� `` /� -. ' Date: ^� JRrr'i iV.evPie /6 _ 1. _ . Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. [-key to i -- i Total -1 Surv�r Hardcover Item(Describe) ` Length x Width I (Squame Feet) _ I 24 x 30') . 720 S1 Exam el i (Gem} 1 ( —_. -- i I 4 - SF B1,.•1,.7 i.- I . :.�..�_. V.F. ` E -1 — •- — S.F. .: i S.F. F +� _..-..__ -_ -- S.F. .t- _�_�...._. _ —._,._ �r H 4 I di. S.F. t- -------- -- .._ k-- -- S.F. i, IK ____�_�__ S.F. 1. M —__ .—_—__4_______,, --___S.F._ ��_..T -_ S.F. N I - ---1------ �" S.F. F-_--c 1_ 0 + - - ---�—� 1 S.F. i r__-. S ---f-___...—Y. — _ S.F. T I -- .—�-S.F. —: S.F. I W f--- �=_ ___ --I-- S.F. , X iS.F..._Y 1 —_ S.F. Z__ j —� S.F . 51) Total Existing Hardcover _.,;(_,..,„:2,...._S.F w Excludable Hardcover(See GjGode 5ec 78-1684): 1 �—� SF._4 r— L__ _. _.__ __ ___. _—_._ ! _..—_,.___. — `_ j — S.F. ) (2) Total Excludable Hardcover -_,. S,F. J3) Net Existing Hardcover [Subtract line(2)from line(1)) — S y (4) Total Lot Area , a S.F.x Proposed Hardcover Percentage [(3)4(4)] y,, r % i (Proposed Hardcover next page) RECEIVED Tnia is en Information packet regarding Hardcover. Every eirort has been made ro insure the accuracy of the information contafneo mien; however,If any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8of9 FEB 01 2017 CITY OF ORONO City of Orono "- 4.i Hardcover Calculation Worksheet �� ., Property Address: 3 L ''t,,• Prepared by: Date: u.N.-lug - E.G. Rudt‘.nSjc nal 17 Pik P6,44'445754 6 C.O.. is 6.4-evra.,l'ee.ps6.1' '34.1a"OP.17e ii G s,.DJa1 /3fg5t Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. I Key to Hardcover Item(Describe) T� Total Survey 1 Length x Width (Example) (Garage) ' (Square feet) A �+ (24'x 30') (720 S.E.I. Ou.LE 4'. Go.A.AfG B G4LESS W, o� N.S x6 J.6444 }4 N'a 34 S.F. C SToop S.1. X S Ki S.F. o Srtae.WA1.1G t 19 S.F. E ntiou Eia A V , UN if S.F. F _Mt. Pao N x"i t 6S.F. HG t P,K CAwrrILEVEt� %.A. 1.V a~. S.F. 14 x 10 KO S.F. I ..1 _ S.F. K _, S.F. L _..__.r S.F. M S.F. S.F. N N S.F. P S.F. P - — S.F. R l S.F. S l S.F. T S.F. S.F. U ___ I i �___ S.F. - S.F. W I X S.F. Y I S.F. Z S.F. S.F. (1) Total Proposed Hardcover , Excludable Hardcover((See C Code 78-1684): 70-5 S.F. H t Cbz do v. , . a 1 t�) I rl� )c 10 l -- J S.F. . S.F. —32-Z70 ' S.F. 'S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 4 g F (4) Total Lot Area S.F. ver, Proposed Hardcover Percentage 1(3)4.(4)j l --35.1 33,E3 'a This is an information picket regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 ` ii ^ � � �� ��a�� P��w«�«�� »��^^~ -7'-�' ~ e_.--- t .0, 5t)Aerbt, V2-19/7 -of- 3472 Lyric Avenue,Orono,MN t7,17- .72.-:... .... _ ,,--0_ ! HARDCOVER AREAS: 1"/„.. LoT,), 18 °•079.04 -...------- ._.'. . .(.41.7 (See Hardcover CalculatIon Worksheet) E 0 \ e ! a ?‹.5--- ._ ._ 1 0 s....c. \ . ii/e/[1°.."....-----.----77"."" 0.9.p .. QW--4, i o \ Deck • BD DENOTES AIR CONDITIONING UNIT c ‘ •• 4 , =~ DENOTES EXISTING ~.. ELEVATION_—_ al mmm� GAS METER _� 1:f oENmsH'YDR^NT _ _ _ = DENOTES~~ vcwn�nnmmnrm� tW/1�el �Or C,49 ,- � ` - • �A� � to DENOTES SANITARY xmEnum�O� " Nets.., a _ ....... _ __ __ _ w DENOTES 174 bnrt-g �143117 _ " - "- mmvas°u�w �o�anc HOUSE• _"__n- DENOTES WOOD FENCE -_ _ - _ _ '_-_ --__ -- •=�=== ��• wwv�,ncn�/,oWALL ��'---�: �monsEpm�o �N��o G / _ � v � q�I c �� �� �. _________ ___ -_______- w o I. ---~--� D�vn�o""`�"^=''^~` ~~~ � ~� y _ ��ini�v~ .�.� ^� � � ?Plc; �� �� , °� ��v�sv~o�ommx� /' ______________��_ ___ ___ __ ______ -"�a+ DENOTES SETBACK e� // �/ �n , ���� �� » y ��� � ____ , ~�� - �~� " y��� r^ °�' �% -�K� &o � _�--- �=��� DIRECTION m'n*^wm� // _________ . - ���� __ , "��___����~_ _____ _____________ - DENOTES BITUMINOUS SURFACE / ' ' �~~ �� @� �. ��^ �_�- � ���nm� 4///_ �� , � �_ �� �� �� ��� ��2�� ocwv�san^��sv^�c � ' -/ / �-_a .__.��__ ___ _____ __'-_ _- ~~~~~ ) � � wC�� ��*�~� *�- �~ EXISTING HOUSE / ` '' ____-___ ��-�_� �_�� .- � __-__ PROPOSED o 34134 LYRIC AVE `'' '''''-----� -1 ti "0-8 _I _'--_'-__.____.-______--_-___-- .-- �___�� ----__1:5-03..„ _�� �---_______ �_______ �� « °_~~ ~-°2..._...5&.__ /� /\ . . --•::,-"' ~ _- ` "�v ___--_---__-�-__ -___'_ -_ ..e3e mew PROPOSED \ �------' - � --------- — x-`�~----- �---'---°---~�---~�^--- / �� vE�AY ` ' • � __------- 0 | --' ----'---- -----' a.-.- ----i .sai.wl ,1 1 : \ \ ) '____-- - _ L:)r 17 \\ 1 ~_�'_' It 1 ..........___________. ___-___- - -___-___. _--_____' /^ ^ , � • -_ ----'--� • . '_________--_' .'-__-_--__-___'-__ - _---_____-__--___-- _--____-_ ..=�c�__ __ -- -- -- -- '/' 0.30(M) (\ r5 c,,, ��m �� 5��' \ k / 003.40 710007 ----- - . .............------ ---- - - -.--.---- -- ~ ° Sou!c 1^= 1O' Drawn SNN Project Manager: NDN Job 1��4OH� _____ _ ___, _ _ o Denotes Iron Set • Denotes Iron Found 6ro,mos shown are Hennepin County Coordinate System (96 adj) __ _ _ _ _ -- I hereby rtx that this plan, survey or reportwas »mv^wo by me or under my N' `" 0L in �M�tNLL direct supervision and that I am a duly Registered Lond Surveyor nu", m° laws - ------- of the Stateu, u Doted this 13th un, "f llLicense No. February . uo1z 45356wN = Professional Land Surveyors MN 5 � ����Q ��� ���� ---- - - -'-- _- _ _ ___ ______ '________ - - -- - - --'- ------ r*� \ 411.11, • ® PC Exhibit G CrN N O4 V a. A •� � s 6 C C PI g !2 9 S' i i 3 \ - MK S , 9 n Z U d s > > s it A. 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' _ ♦, .r iy a•w M{ ^* f' , ,ii i y I y itI 2 of 1, a '.,-, ,.,, ,f • 1'1'4. • 0. r t *. • �' t }5 . .7. r, , • • t 1 /I '1i' � ' 11. y A •n .t.,,, .f «�� � ' N Q iIli I• J • Y 1 d ,w �' k M s . Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date 1/24/2017 Nr CM um rel PC Fxhtbit H ,1 41 n4k cw rnm MO nai Laystel Place 17 illigi le _, un an lee s 04.11 'et 14; 11111. Ilit trim emit t N4 ioi NI co Ireht fra ars ti, fig MI O las +4+ NW Ili 4fs Via tii,P. -„,,,, , taY�rebrrd aim pm , eta ml Lyric 4stf (A2MO • n; ON, 1101, e1e II i vlr r� S MS rt . 2:.,11143-12 {11} foo am 04 ti2 ` 20-117- -12 Pit6 n, Buffer Size: 350 feet 0 60 120 240 ft Map Comments: I t > > I I t r l JOSHUA/MARKUM BUILDERS INC 3472 Lyric Avenue For more information contact: Orono,MN 55391 RECEIVED Hennepin County GIS Office 300 6th Street South Minneapolis,MN 55487 JAN 2 6 2417 gis.infogthennepin.us CITY OF ORONO # 3906 e�asy reef— Looms I A •-� Bend along line to i S (�{ Use Aver®Template 5160® j reed Paper im expose Pop-up Edge1M I u PC Exhibit t 38 17-117-23 43 0006 38 17-117-23 43 0019 38 17-117-23 43 0058 KEVIN D DEGROOT PATRICIA&THOMAS KLEFFMAN JEFFREY C&JULIE L KRAHL 3449 CRYSTAL PL 3444 LIVINGSTON AVE 3508 LYRIC AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0007 38 17-117-23 43 0020 38 17-117-23 43 0059 DEREK J LEE SUZANNE CAOLA JANET M ROSHAR 3457 CRYSTAL PL 3438 LIVINGSTON AVE 3500 LYRIC AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0008 38 17-117-23 43 0021 38 17-117-23 43 0062 SWIFT HOME SOLUTIONS LLC ROXANN M BEISCH DAVID BERNARDY&EMILY RUD 8362 TAMARACK VILLAGE 3436 LIVINGSTON AVE 3433 LIVINGSTON AVE SUITE 119-355 WAYZATA MN 55391 WAYZATA MN 55391 WOODBURY MN 55125 38 17-117-23 43 0009 38 37-117-23 43 0022 38 17-117-23 43 0063 SUSAN KENNEDI MICHAEL ROSDAHL ROBERT S&JULIE J SIECKMAN 3473 CRYSTAL PL BRIDGET P CARLSON 3435 LIVINGSTON AVE WAYZATA MN 55391 3422 LIVINGSTON AVE WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0010 38 17-117-23 43 0041 38 17-117-23 43 0064 NICOLE KILBY ROBERT E EBERT DENNIS L HEGER 5235 PHELPS RD 3520 LIVINGSTON AVE 3443 LIVINGSTON AVE MOUND MN 55364 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0011 38 17-117-23 43 0042 38 17-117-23 43 0065 JASIN LARSON MARK A SPALDING CAROLYN M TILLOTSON 3485 CRYSTAL PL 26087 ISLAND RD 3445 LIVINGSTON AVE WAYZATA MN 55391 CLEVELAND MN 56017 WAYZATA MN 55391 38 17-117-23 43 0012 38 17-117-23 43 0043 38 17-117-23 43 0068 LACEY M KLUNGSETI-I DEREK G HAGENESS BRIDGET REIGSTAD 3493 CRYSTAL PL 3505 LIVINGSTON AVE 3475 LIVINGSTON AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0016 38 17.117-23 43 0044 38 17-117-23 43 0069 CARL ENZENAUER DUSTIN J MICHEL CECILIA M SCHULTE 3472 LIVINGSTON AVE 3525 LIVINGSTON AVE 3477 LIVINGSTON AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0017 38 17-117-23 43 0045 38 17-117-23 43 0070 GEORGIANA CARTALUCCA STEVEN B&KATHRYN A SANDLER VERA TEETZEL KEVIN BOE 3533 LIVINGSTON AVE PO BOX 216 2642 CEDAR CREST ROW WAYZATA MN 55391 SPRING PARK MN 55384 MINNETONKAMN 55305 38 17-117-23 43 0018 38 17-117-23 43 0057 38 17-117-23 43 0071 LEAH R LUNDEEN JACOB M/EMILY LOURICAS SHARON L HOVLAND 3452 LIVINGSTON AVE 3520 LYRIC AVE 3496 LYRIC AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 Etiquettes faciles a paler i A Sens de Repliez a la hachure rein del www.avery.com 1 Utilisez le gabarit AVERY 5160® 1 chargement reveler Ie rebord Pop-up* 1-800-GO-AVERY 1 -- -- --- ® Bene along fine to a AVERY®59610TB i Use Avery®Template 5160 Al Feed Paper expose Pop-up Edgem �-=� 1 . 38 17-117-23 43 0074 38 17-117-23 43 0087 38 17-117-23 43 0114 JOSHUA/MARKUM BUILDERS INC TOM C&JULIE M FLYNN LOWELL R ZITZLOFF 7867 EASTWOOD RD 3473 LYRIC ST 319 BARRY AVE S#301 MOUNDSVIEW MN 55112 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0075 38 17-117-23 43 0090 38 17-117-23 43 0139 E L MURRAY&P S ROSS JENNA LEIGH OLSEN DAN P&CHERYL G DOSHAN 3468 LYRIC AVE 3499 LYRIC AVE 3488 LIVINGSTON AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0076 38 17-117-23 43 0093 38 17-117-23 43 0141 MR/MRS FRANK L MITTELSTAEDT JAMES A BLOCK STEVEN 3444 LYRIC AVE 3472 SHORELINE DR 4J KING 347373LIVINGSTON ON AVE WAYZATA MN 5539] WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0077 38 17-117-23 43 0094 38 17-117-23 43 0142 LANDSOURCE LLC JAMES A BLOCK RICHARD W BLOOMQUIST 550 25TH AVE N 3,472 SHORELINE DR 610 FAIRMOIINT AVE N ST CLOUD MN 56303 WAYZATA MN 55391 MONTROSE MN 55363 38 17-117-23 43 0078 38 17-117-23 43 0095 38 CITY OF ORONO 117-23 43 015 SANDRA HOLMAN SKYT PROPERTIES 2700 KELLEY PKWY 3468 SHORELINE DR 3496 SHORELINE DR LONG LAKE MN 55356 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0079 38 17-117-23 43 0098 38 17-117-23 43 0156 CITY OF ORONO GERM-TOM PARTNERSHIP CARLI P SPERBECK P O BOX 66 C/O COURTLAND RE 3477 LYRIC AVE CRYSTAL BAY MN 55323 PO BOX 112 WAYZATA MN 55391 CHASKA MN 55318 38 17-117-23 43 0083 38 17-117-23 43 0100 43 0157 CITY OF ORONO RUBY L LINDBLAD 38 -23 JUSTINE INE A MAETZOLD P O BOX 66 3505 LYRIC AVE TRENT K MAETZOLD CRYSTAL BAY MN 55323 WAYZATA MN 55391 3484 LYRIC AVE WAYZATA MN 55391 38 17-117-23 43 0084 38 17-117-23 43 0101 CITY OF ORONO PAUL BOWMAN&BARBARA BOWMAN P 0 BOX 66 8272 STONE CREEK DR CRYSTAL BAY MN 55323 CHANHASSEN MN 55317 38 1OF -23 430085 3 17-117-2343 0102 # 3906 CITY OF ORONO GREGORY ANDREW HUELER POBOX66 1406 REST POINT RD CRYSTAL BAY MN 55323 MOUND MN 55364 RECEIVED 38 17-117-23 43 0086 38 17-117-23 43 0113 JAN N 2 6 2011 GREGORY T&NANCY 1 CONLON SHORELINE-NAVARRE LLC R U 3465 LYRIC AVE C/O LNR PROPERTIES WAYZATA MN 55391 319 BARRY AVE SSTE 301 WAYZATA MN 55391 C+ OF ORONO Etiquettes faciles a peler i A ; t 1 ® Sens de Repl ez a la hachure afiin de: www.avery.com Utiiisez le gabarit AVERY 5160 j chargemem reveler le rebord Pop-upTM 1-800-GO-AVERY Y PC Exhibit J Planning Committee letter Feb. 12 2017 sj Dear Members of the Planning Committee: Ci ?0 We have enjoyed living in Navarre for sixteen years. We were drawn by the character of the neighborhood,the proZhlb►C the lake and the affordability. Recently, property developers are buying lots,tearing down homes and building huge houses on small lots. These houses are far too big for the surrounding homes. We five at 3468 Lyric Avenue and there was a notice sent regarding 3472 Lyric Avenue. The builders are requesting lot area and lot width variances and a structural coverage variance. We request that the new house not be any closer to our house than the existing house. We are concerned about foundation issues from large,heavy equipment,water infiltration,hardcover issues and blocked sunlight on the west side of our home if a two story house is built. Two large oak trees and a large pine tree would need to be cut down. The new blue house next to 3472 has a concrete driveway spanning a three stall garage in addition to a front walkway. The hardcover ratio to grass is not adequate and does not allow for proper drainage since this house sits high and water drains down the hill. A new house at 3472 would also sit high causing drainage problems as it is up the hill from our house. While it appears the City of Orono has their own agenda regarding redevelopment,it is at a great cost to the current neighborhood residents. There are many neighbors who do not want these huge houses built on these small lots. Please consider the residents of the neighborhood;this is where we live unlike the property developers and Planning Committee members. Respectfully, Edward Murray Pamela Ross Page 1 Item 8 Date Application Received: January 18,2017 �Ol VO Date Application Considered as Complete:January 18,2017 60-Day Review Period Expires: March 18,2017 � a ti To: Chair Thiesse and Planning Commission Members Fl AkESHO9`� Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: February 21, 2017 Subject: #17-3903,Alex Ugorets, 2520 Shadywood Road, Sketch Plan Application Summary: The applicant is requesting comments via the sketch plan process for a proposed apartment building on vacant 3.11 acres to the south of the Freshwater Business Center. The apartment building would include 49 units and 51 underground parking stalls. A zone change will be required. Staff Recommendation: The Planning Commission is asked to give feedback on the proposed development, which appears to require a zone change, and a variance from the structural coverage requirement. Background The property is currently zoned B-4 Office Professional, but is guided for mixed use with a prescribed density of 6-15 units per acre. The Comprehensive Plan suggests mixed use to include senior assisted living, townhomes, condominiums,or apartment buildings. From a use standpoint,the proposal is consistent with the comprehensive plan. The project as proposed will require a Zone Change. The density as proposed is 15.75 units per gross acre,just above the upper range prescribed by the Comprehensive Plan. The proposal also suggests modifying a portion of the shared property line between the proposed apartment lot and the lot housing the Freshwater Business Center. The modification will be more evident in the rear of the lot, away from the street,toward the lake/wetland. This modification may impact the lot sizes, and by extension,the density calculation. Access. Access to the site is proposed off of a new shared drive with the Freshwater Business Center. This driveway will line up with the driveway service the church across Shadywood. Ultimately,the plan to coordinate access locations was to have this shared driveway line up with the new Shadywood Circle, as part of the Shadywood Villas project. Ultimately, as part of an expansion, planners hope to shift the church access to Shadywood Circle. The County supports the offset;the turning movements do not conflict. However, staff supports the coordination of the drives,for the long term health of traffic in the area. Parking. The proposal provides 100 parking spaces,a ratio of 2.04 spaces per unit. 51 of those spaces are covered, under the building, and 49 surface spaces are proposed. Two parking FILE#17-3903 February 21,2017 Page 2 of 2 spaces per unit is required by city code. The parking requirements are met. Building. The building is intended as a 47-49 unit, market rate apartment building. The narrative suggests the building height will be between 31 and 54 feet. Elevation drawings have not been provided to accurately analyze the height. The building will appear as a three story, flat roofed building plus a penthouse from the parking lot and Shadywood Road. From the wetland,the building will appear to be 4 stories and a penthouse. Historically,the City has shied away from projects higher than 3 stories. The Commission is asked to provide feedback of the height. The building is proposed to be 35 feet back from the Shadywood Road Right of way line and about 35 feet from the new side lot line to the north. The building will be 75 feet from the wetland. Each unit will have a balcony. The building as shown includes brick, steel,and glass with stucco accents. Care will need to be taken to ensure mechanical units are shielded from public view. Grading. The site slopes toward the east/southeast, away from the street, dropping 12 feet in the first 119 feet. It appears that a substantial amount of fill will need to be brought in to accommodate the project. Further,the lot is wooded,the grading for the building, parking lot, and stormwater management will require the removal of most of the trees outside of the wetland. Utilities. The project will be served by municipal water and sanitary sewer. Stormwater will need to be retained and treated as required by applicable stormwater regulation. Conceptual ponds are pictured. Conservation design. A Conservation design plan will need to be completed as required by city ordinance. Hardcover/structural coverage. The proposal includes 48,988 sq ft(36.1%)of hard cover where 35% is the maximum permitted. The lot boundaries can be adjusted to avoid the need for a hardcover variance. A rough calculation of the structural converge shows 16,720 sq ft of structural coverage,or 12%of the lot area. There is no structural coverage maximum as the property is over 2 acres. Issues for Consideration 1. Does the Planning Commission find any other issues or concerns with this application? List of Exhibits Exhibit A Application Exhibit B Narrative Exhibit C Site Plan Exhibit D Building renderings Exhibit E Landscape Plan Exhibit F Height Context Drawings Electronic Cop City of Orono Land Use Permit Application Shor': 2760 Krthr 2760 K .--..{oraw (oats Received: ..._____L—7 _17 .' Main: 9S2•249-4eno I Staff _S.� is c 962.249-4810 Fee: A Lfr 1, i_. Mang A e6 e: Escrow#8 S ^ ��. arc t ryarel say,w li5323•ooes Permit Fee ..._..__._-�..___.._ __.__� Notes: ____ I Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete appiicattons will ngt be placed on Planning Commission Agendas. SITE LOCATION: 2520 Shadywood Rd Orono,MN 55331 APPLICANT/AGENT INFORMATION: Applicant Name: Westwood Professional Services Phone(Primary): (9521937-5150 Applicant Email: tom.goodrumewestwoodps.com Address: 7699 AnagramDrhre C.i EdenPrairie ZIP_ 55344 Agent Name: Torn Goodrum Agents phone number (952)_906-7425 _- Agent Email: tom.goodrum@westwoodps.com Applicant Is:(CContracto7) Homeowner (Circle One) PROPERTY OWNER INFORMATION: D check here if property owner Is same as applicant Name: UGORETS 8098 LLC Phone(Primary): (612)363-3321 Mailing Address: 41011th Ave South City: Hopkins ZIP: 55343 Email: alex@midla�Iass.com __. _ APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees(staff time not covered In the original fee payment)and/or consultant expenses hcrxred in review of this appiicetion,and • Certify that the Information supplied is true and correct to the beet o/ his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being swans that upon failure to do eo,the staff has no alternative but to reject it until it la complete or to recommend the request for denial of the request regardless of Its potential merit. • Acknowledge the Escrow Agreement is completed end signed. • The Owner hereby acknowledges end agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents,Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. tf en applicant end/or owner is unable to attend a scheduled meeting, please make arrangements to have en authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: "'`j�-- Date: 1/12/17 Applicant/Agent Signature: / / Date: Property Owner Signature: tuIUPPDate: / /17. --- -- Property Owner Signature: Date: Land Uae Application-May tore Pegg 2 RECEIVED JAN 1 8 2017 It 39 0 CiTY OF ORONO PROJECT NARRATIVE FRESHWATER APARTMENTS The Freshwater Apartments will be a valued residential option for the City and Navarre.Alex Ugorets,the owner of the property,is proposing a 45-55 unit apartment building to coincide with the building improvements he is undertaking at the existing Freshwater Building. Both projects will enhance the work/live environment that is desired in this area. Prior to our application we have met with city staff, Hennepin County,and the Minnehaha Creek Watershed District. The city letter we received on November 10th noted the following items to address: Land Use. The site is zoned B-4, but the Comprehensive Plan anticipates development of the site to include a mix of uses,including condominiums and apartments.We are in conformance to this vision. Density. The proposal may exceed the 4-15 unit per acre assigned to this site. We are expecting to adjust the lot lines to accommodate setbacks for the office building and apartment.With the lot line adjustment the density calculation could be met. Traffic Study. The city may require a traffic study. If required,we will provide a study.See also our meeting details with Hennepin County on access. Access. The new entrance should be aligned with the new development across the street. We had a joint meeting with City staff and the County to review the access points.At that meeting, the proposed access location was supported by the County as they identified benefits of the project as it relates to future road improvements.We removed a proposed second access as part of this discussion. Parking.Covered parking for one car should be provided. We are providing underground parking to accommodate this request and will have sufficient on-site parking to meet code.The site plan identifies 51 stalls below ground and 49 surface parking stalls. We also have the ability to create a joint parking arrangement with the office building if necessary. Building Height. Historically, the City Council was cautious of buildings over 2-stories when adjacent residents and the lake. We are proposing a 3-story building fronting County Rd 19 with penthouse units on top along the northeast corner of the building.The building height will be 31 feet facing CR 19 and then steps up to 42 feet with the penthouse units at the back of the building. Because of the topography and underground parking,the building will have a maximum height of 54 feet facing the wetland (east).The architectural renderings we are showing are conceptual to demonstrate the architectural style we wish to provide but may be altered as we move forward with the project. RECEIVED JAN 1 8 2017 39 Q CITY OF ORONO The building location also supports the building height.We positioned the building to take advantage of the topography of the site and to minimize any visual impact along County Rd 19. The site slopes away from the road and toward the wetland to the south and east. By using this topography we are able to angle the building away from the street with only having a corner of the building at the front setback.The rest of the building will fall away from the street thus keeping an open view along the road corridor.The topography also allows us to step the building down to 3 stories in front and a partial fourth floor to the back.The penthouse apartments will be set back away from the front building line and placed in the northeast side of the building.in this location the penthouses are away from public view and transitions in height from the existing Freshwater Office building to the north and the residential homes to the south. The site is separated from the residents to the south by 590 and 380 feet respectively with a band of existing mature trees. Lake views of the building will be minimal since the building is on a non-usable part of the lake with few homes.The proposed 54-foot building height matches the height of the Freshwater building when viewing from the east.The 42-foot height also matches the height of the Freshwater building southwest corner along County Road 19. Wetland.The wetland is a "Preserve"wetland and will require a 75 foot buffer from the MCWD with an additional 10 foot city required setback from the buffer. The wetland has been delineated and we have identified the 75-foot buffer line on our plan. In speaking with the Watershed they noted that the buffer size can be averaged to accommodate the building and that replacement buffers may be allowed on the office site to the north in order to provide buffering along the wetland edge where none exist today.We are improving the quality of the lake by incorporating buffers and ponds for stormwater treatment plus improving existing conditions to the Freshwater Office site.We will continue to work with the Watershed and the city to provide an acceptable buffer. (See attached meeting summary) From the above meetings and the comments that we received we prepared a site plan and building elevations that we believe supports the direction given to us and continues to be a viable project.The plan respects the views of the neighboring homes and the views along County Rd 19.It is designed to transition from the 52,000 sq.ft. Freshwater Office building to the north and the homes to the south. We have not conducted soil borings specifically to this site but Mr. Ugorets has conducted soil borings for his parking lot improvements on the Freshwater Office building.The borings closest to the proposed apartment building did not encounter ground water in the 14-foot deep boring.The wetland delineation reports also did not encounter ground water. Based on this information we are not expecting to encounter groundwater during construction or have it impact the project.We will conduct further borings as we move forward with the project. RECEIVED JAN 1 8 2.011 9O3CITY OF ORONO We are very excited to bring an attractive residential option to the residents of Orono and Navarre.We believe this project will match well with a life style that is desired in this area and around the lake.This project, along with the improvements to the Freshwater Office building, will provide new business and living opportunities to this area that meets local demands and regional goals. We look forward to be part of this community and welcome your comments of our conceptual plan. RECEIVED JAN 1 8 2017 3903 CITY OF ORONO o 2007 Westwood P,or eelenS Seed.,Inc -..... c (r/ 04',71.' ,. . Call 4B N n before 4199919 t .. .\ '� y�e..'.t.r..� _ PC Ezh3Nt E 811 or cd1811.Gom \ Ay yA.M. ,,y Vicinity Map 51-5903 Common 000001 AEI fXITl N ` it +,1 Westwood\ T�rRVl ''r� /� 1 o.' \ wea..v.Ber.rWrl..ai Inc 1 �,.. rr �_�\�'( 4c : .•e .e,eta \ �' yr \ 177 \ \ . Y , 'w1 Al/BMm Ea \ "'° f �' Yf< "`�Li Dr... 4,11, -‘,,, t, *):.„i. N \ if il.::?4i...t „;:*, , ... 4'2(. >q \ {rN ,-0 \ Site Legend r..N.. EICIEOBED \ N - 5 PROPERTY UNE ___ _ \ \ \ LOT UNE . \ d_= — — — SETBACK UNE '•‘- \ ——— NEitAM BUFFER LINE EASEMENT INE ..... .. z ..._.-— CURB AND CUTTER \ a \ . ' ..— POM NORMAL WATER LEVEL K \ /.. ``` KK �{. RETANNG MALL // \ \ \ .n- `\ Via& i em' d-S/� •— EENCE ,y 1 1 1 `I CONCRETE PAVEMENT 7:7 / \ \ ` ` LOT N i---Y'�4 I I CONCRETE SIDEWALK ruQuevla.�•wvi�w \ ? 4.60 AC // "; I I NERVY DUTY BIIIMINDUS PAVEMENT �.M.r r / d. N. 105 PARKING SPACES • / . m -- / 2 / 2g -;\ 0 STANDARD DUTY BITUINNDUS PAVEMENT •/ \ %. O ` I W`o01 ` '\\ L O NUMBER OF PARKING STALLS y 01/0/32 ,e .de • ' \\ .. \ \�Ili m OT TRANSFORMER \ 0 // • �I * SITE LIGHTING ' \ Y. SNI ` 8 ' / � • WETLAND TRAFFIC SON \(' 1. 41pG . ,- , 1 9Vgfr° •r PDWER POLE ;4 1 •g 1 / " • BOLLARD/POST . \ n°'.q'4/gyp N, ..vII, ii ?repro'rar ,1. 4 / ,- A",\ 1.S • N PROPOSED . �`POND f! ' 1 // �'.\ Zi.\\ " `y �� L/ I BUILDING '° _ Ugorets i\ .., . \ ® j• ys Daae.sn DuuNTs �` �.`\ .. -+1. I►' 3 I Properties LLC N • .t'''' � ''''''' •/ LOT 1 i 477 000A sex.South Site Development Summary \ }:d. •D°AGE'''' 9f1.0011 .0• J 3.11 AC EEa�n.,Mw 5530EXISTING ZONING-LOT 1 84-OPN.E/PROFEE40NAL nn •• • rIS7B USA/! PROPOSED ZONING-LOT U RPM - �• / eu oo EXISTING PROPERTY AREA-LOT 1: 114,779 Sr(2.63 Ac) „\\ 4% • 00''..L7 / PROPOSED PROPERTY AREA-LOT 1: 125,660 SS(5.11 AC) �- s--. • — o 2520 Shad OOd EXISTING PROPERTY AREA-LOT 2 121.146 SF(5.08 AC) \ %.',,,,.p PROPOSED PROPERTY AREA-LOT 2: 200.333 SP(4.60 AC) o„\ 4 • I / 1 - .2 Na Road PERN0U5 SURFACE-LOT L 06,680 SP(BJ.0. •.,\ ` �i �... \ \ \\ N —�•' 11; IF MPERMDUS SURFACE(RA80)-LOT I. .0,9ae SF(J8.1� �\ >/ BUILDING GROSS SIZE-LOT 1: 154170 SF \ \ \ // PONp �� wI;T1AxD Orono, Minnesota DWELLING UMTS-LOT I: 4512-4 PENTHOUSE UNITS . ,/ \ \ (/\ `� FLOOR-AREA-RARO(EAR)-LOT I: 0.51 \\ ,.\..` \ `` It ` \ _ _ —. 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' 4 Item 9 �OlVO To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator yF 4kfsH00- From: Jeremy Barnhart, Community Development Director Date: February 21, 2017 Subject: #17-3894, City of Orono,Text Amendment: Land Alteration Public Hearing Application Summary: The draft ordinance amends the regulations for Land Alterations and retaining walls throughout the city of Orono. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background This issue was not among the top 25 issues highlighted by the Planning Commission and City Council last fall,though the ordinances attempt to clarify regulation,which is a standing goal of development staff. In February 2015,the Council enacted an ordinance that altered the regulations for retaining walls, in particular retaining walls in the side yard. Mayor Walsh has concerns with the approved ordinance, noting, among other comments,that retaining walls require permits while fences and shrubbery can be just as impactful, and do not require permits. The current code regulates retaining walls and grading;the permitting process is defined based on the setback, height of the retaining wall, and volume of land being retained. The Council direction is to remove the burdens to retaining wall placement. This is accomplished with the draft noted as Exhibit A. To effectively manage the issue,and to clarify the regulation,staff proposes changes to the grading regulation contained within the city code, this is attached as Exhibit B. The draft ordinance allows retaining walls and other accessory structures less than 2 feet in height to be located anywhere on the lot (outside of drainage and utility easements and beyond 10 feet of the traveled roadway). No permit is required. Accessory structures higher than 2 feet, or located closer than 5 feet to the side property line, require a permit. The ordinance in Exhibit B reviews 'unusual land alterations', and does not require a conditional use permit for those of extra depth,or within the side property line. This section of the code is more restrictive than the shoreland rules. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Draft Ordinance Exhibit C. Summary of permitting requirements • PC Exhibit A 17-3894 February 21, 2017 ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO RETAINING WALLS AND GRADING THROUGHOUT THE CITY OF ORONO THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1405(a)Non-encroachments of the City of Orono Zoning Ordinance is hereby amended by adding the following: (5.1)Retaining walls and planters, subject to the following provisions: a. Retaining walls and planters may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2.The structure is not located within a drainage,utility, or other easement,except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction,rate or volume for adjacent properties. 4. The structure is 2 (two) feet in height or less above existing grade. 137 • - . _ - .. - - -- • - > • e-b. Retaining walls and planters exceeding two feet in height above existing ground level ef- which are located less than five feet from a side property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of section 78-967. d-c. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of ,2017 on a vote of ayes and_nays by the City Council of Orono,Minnesota. ATTEST: Anna Carlson,City Clerk Dennis Walsh,Mayor 1 'L IOZ ` fo xaana alp s radvdsntau.raauozd aqj pub aayv7 aqj u!pagsz/gnd aauvu!pip PC Exhibit B 17-3894 February 21, 2017 ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO RETAINING WALLS AND GRADING THROUGHOUT THE CITY OF ORONO THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1405(a)Non-encroachments of the City of Orono Zoning Ordinance is hereby amended by adding the following: (5.1)Retaining walls and planters, subject to the following provisions: a. Retaining walls and planters may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage,utility, or other easement,except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. 4. The structure is 2 (two) feet in height or less above existing grade. b-Retaining walls which do not exceed two feet in height above existing ground level, which amount of imported fill associated with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. b. Retaining walls and planters exceeding two feet in height above existing ground level e- for which the amount of imported fill associated with the structure exceeds 20 cubic yards or which are located less than five feet from a side property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of section 78-967. c. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. SECTION 2. Section 78-967 Exception is amended to read as follows: Sec. 78-967. -Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (4)The following Unusual Land Alterations: 1 alterations: (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise residential lot lines except for drainage swales and ditches. (a) Any unusual land alterations, including earth filling, removal or grading,proposed by a builder shall be subject to a permit. The following land alterations shall be considered as unusual land alterations: (1) 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. (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. (c) 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 potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. SECTION 3. Section 78-969—Permit for Rip Rap—is amended to read as follows. Sec. 78-969. -Permit for riprap. (a) Riprap defined. Riprap is rock placed at water level of a lakeshore to prevent erosion of shoreline by water action. (b) Required. The requirements of section 78-966 are not intended to govern the normal and customary riprap of lakeshore property. It is unlawful for any person to riprap lakeshore property within the limits of the city without a permit issued by the city engineer.The City Engineer may be referred by the city engineer to the planning commission and the council for action in accordance with this chapter. (c) Application for permit. An application for such permit shall be accompanied by a drawing showing the location of the proposed riprap and such other information as the city engineer may require.Applications 2 SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of ,2017 on a vote of_ayes and_nays by the City Council of Orono,Minnesota. ATTEST: Anna Carlson,City Clerk Dennis Walsh,Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 3 Permitting summary PC Exhibit C Shoreland Now Proposed Within 75' lake yard, more than 50 cy No No Within 75' lake yard, less than 50 cy Permit, Minor Permit, Minor Outside of 75' lake yard, 51-500 cy Permit, Major Permit, Major Outside of 75' lake yard, 500+cy CUP CUP Outside of shoreland Unsual:greater than 12' CUP Permit Unusual: 500+cy CUP Permit Unusual: within 5' lot line CUP Permit Part of a building permit 20 cy,with a retaining wall less than 2 feet, more than 5' no permit from property line 20+cy, with a retaining wall more than 2 feet high, less CUP than 5'from PL Item 10 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator G� "IkESHO- From: Jeremy Barnhart, Community Development Director Date: February 21, 2017 Subject: #17-3896, City of Orono Text Amendment: Structural Coverage Public Hearing Application Summary: The proposed ordinance would amend the structural coverage regulation as it is applied throughout the city of Orono. Structural coverage is a regulation of massing, and the desire is to minimize or eliminate redundant regulations. Staff Recommendation: If massing is an important characteristic, staff recommends adoption of Ordinance noted as Exhibit B. Background The issue of structural coverage was tied for number 2 on the list of ordinances prioritized by the Planning Commission and City Council last fall. Originally,the issue was an examination of what is calculated,and what isn't. The City Council has since suggested changes including elimination of the structural coverage limitation. The draft ordinance, Exhibit A,does that. In 2016,Structural coverage was the subject of 4 variances, of the 41 variances reviewed. Structural Coverage is a limitation intended to address massing,the effect of a structure or structures on a lot, and its impact on the surrounding neighborhood. The greater the mass, often the more visual impact the structure has on the neighborhood. Structural coverage is currently based on the size of the lot, up to 2 acres. Lots 10,000 sq ft to 2 acres are allowed 15% structural coverage. Lots more than 2 acres have no structural coverage limitation, and lots less than 10,000 sq ft are allowed 1500 sq ft. Hardcover limitations, intended to address stormwater quality issues, is based on the lots' proximity to the lake or lake tributary. There is concern that the structural and hardcover limitations work to create a redundant level of regulation; in fact,they regulate for different goals. An alternative to striking the structural coverage is provided in Exhibit B. This draft alters what is included in the structural coverage calculation and raises the maximum from 15%to 20%. Basically, roofed structures would be counted, but decks, regardless of height would not be. This still regulates massing, but eases the burdens on many lots. The 4 variances that considered structural coverage relief did not exceed 20% hard cover. FILE#17-3896 February 21,2017 Page 2 of 2 Public Comments To date,no public comments have been received based on this application,though comments for other variances refer to the impact of the usually larger structure on the lot. Issues for Consideration 1. Is the regulation of massing still important in Orono? 2. Can reasonable modifications to those regulations be made without negatively impacting the goals of those regulations. List of Exhibits Exhibit A. Ordinance eliminating structural coverage Exhibit B. Ordinance modifying structural coverage Exhibit C. Examples of lots requested structural coverage variances in 2016. PC Exhibit A 17-3896 1 ORDINANCE NO. , THIRD SERIES 2 3 CITY OF ORONO 4 HENNEPIN COUNTY, MINNESOTA 5 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES 7 PERTAINING TO REMOVING STRUCTURAL COVERAGE RESTRICTIONS AND 8 ADDING HARD COVER LIMITATIONS TO CERTAIN LOTS WITHIN THE CITY OF 9 ORONO 10 11 12 THE CITY COUNCIL OF ORONO ORDAINS: 13 SECTION 1. Section 78-1403 shall be amended by deleting the text to read as follows: 14 15 Sec. 78-1403. - . _ • . • . • . . • . . . . Purposely left blank 16 17 - - - - -- - - - - - - - - -- -- 18 lees than two acres shall comply with the following making standards for structures: 19 (a) Maximum total footprints allowed. 20 (1)On lots equal to or greater than 10,000 square feet in area, the total combined 21 22 gro-s lot area. 23 - - - •_ 9,999 ... - -- - - e--e•--: -- - - 24 principal and accessory structures shall not exceed 1,500 square feet. 25 - -- -- - - - ' -- - - - - - - -- - -- -- - - - - - 26 combined footprints by structures: 27 (1)All roofed structures more than six feet above existing ground level. 28 (2)Tennis courts, patios, decks, and all similar open structures when partially or fully 29 enclosed by fences, railings or walls which extend more than six feet above existing 30 ground level (if any portion of such structures extends more than six feet above grade 31 level, the entire structures shall count toward lot coverage). 32 33 SECTION 2. Section 78-1685 shall be amended by deleting the text to read as follows: 34 35 Sec. 78-1685. - Massing standards. 36 37 -- e-.-- - - 39 following massing standards for structures. 40 a.Maximum total footprints allowed. 41 . e- - --- - - - - - _ I,'!' -.. - -- - . , - - - - ' - 42 43 grooms lot area. 44 . a- _ _ - _ e,eu --- - -- • - , - - -- - - - -- - 45 principal and accessory structures shall not exceed 1,500 square feet. 1 46 47 combined footprints by structures: 48 1. All roofed structures more than six feet above existing ground level. 49 2. Tennis courts, patios, decks, and all similar open structures when partially or fully 50 enclosed by fences, railings or walls which extend more than six feet above existing 51 ground level (if any portion of such structures extends more than six feet above grade 52 level, the entire structure shall count toward lot coverage). 53 (1 2) Industrial zoning district. For parcels zoned industrial, the following massing standards for 54 structures shall apply. 55 a. On lots equal to or less than three acres in area, the total combined footprints of all 56 principal and accessory structures shall not exceed 35 percent of the gross lot area. 57 b. On lots greater than three acres in area, the total combined footprints of all principal and 58 accessory structures shall not exceed 45 percent of the gross lot area; except that when the 59 total building floor area on a site is contained within a single building, and when the total 60 area used for loading terminals, docks and berths is completely enclosed within the same 61 single building, a lot coverage of not more than 60 percent of the gross lot area will be 62 permitted. 63 64 SECTION 3. Section 78-1700 shall be amended by adding text to read as follows: 65 66 Sec. 78-1700. - Specific tier regulations. 67 Per the official stormwater quality overlay district map, each property in the stormwater quality 68 protection overlay district is assigned to a protection tier based on its relative distance to receiving 69 waters. This protection tier dictates the specific protection measures that must be implemented. 70 (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. 71 (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. 72 (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. 73 (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. 74 (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. 75 (6) Hardcover in parcels not assigned to a Tier shall not exceed 75 percent of the gross lot 76 area. 77 SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its 78 passage and publication. 79 ADOPTED this day of , 2017 on a vote of_ayes and_nays by the 80 City Council of Orono, Minnesota. 81 82 ATTEST: 83 84 85 86 87 Diane Tiegs, City Clerk Dennis Walsh, Mayor 88 89 90 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 2 PC Exhibit B 17-3896 1 ORDINANCE NO. , THIRD SERIES 2 3 CITY OF ORONO 4 HENNEPIN COUNTY, MINNESOTA 5 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES 7 PERTAINING TO REMOVING STRUCTURAL COVERAGE RESTRICTIONS WITHIN 8 THE CITY OF ORONO 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 SECTION 1. Section 78-1403 shall be amended by deleting the text to read as follows: 13 14 Sec. 78-1403. – Lot coverage and massing standards. 15 16 In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of 17 less than two acres shall comply with the following massing standards for structures: 18 (a) Maximum total footprints allowed. 19 (1) On lots equal to or greater than 10.000 square feet in area, the total combined 20 footprints of all principal and accessory structures shall not exceed 20 15 percent of the 21 gross lot area. 22 (2) On lots of less than 10,000 square feet in area, the total combined footprints of all 23 principal and accessory structures shall not exceed 2,000 1,500 square feet. 24 (b) Calculation of massing. The following shall be included in the calculation of the total 25 combined footprints by structures: 26 (1)All roofed structures where the highest point of the roof is more than six feet above 27 existing ground level. 28 (2)Tennis courts, patios, decks, and all similar open structures when partially or fully 29 enclosed by fences, railings or walls which extend more than six feet above existing 30 ground level (if any portion of such structures extends more than six feet above grade 31 •- -• ' - - - - - --- - - - - -- 32 33 SECTION 2. Section 78-1685 shall be amended by deleting the text to read as follows: 34 35 Sec. 78-1685. - Massing standards. 36 37 (1) Non-industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwater 38 quality overlay district that have a gross acreage of less than two acres shall comply with the 39 following massing standards for structures. 40 a.Maximum total footprints allowed. 41 1. On lots equal to or greater than 10,000 square feet in area, the total combined 42 footprints of all principal and accessory structures shall not exceed 20 15 percent of the 43 gross lot area. 44 2. On lots of less than 10,000 square feet in area, the total combined footprints of all 45 principal and accessory structures shall not exceed 2,000 1,500 square feet. 46 b. Calculation of massing. The following shall be included in the calculation of the total 47 combined footprints by structures: 48 1. All roofed structures where the highest point of the roof is more than six feet above 49 existing ground level. 50 2. Tennis courts, patios, decks, and all similar open structures when partially or fully 51 enclosed by fences, railings or walls which extend more than six feet above existing 52 - -- - - -- - - -- -- - - - - - • - - - --- -53 -- -• ' - - -- - - - - - -- 54 (2) Industrial zoning district. For parcels zoned industrial, the following massing standards for 55 structures shall apply. 56 a. On lots equal to or less than three acres in area, the total combined footprints of all 57 principal and accessory structures shall not exceed 35 percent of the gross lot area. 58 b. On lots greater than three acres in area, the total combined footprints of all principal and 59 accessory structures shall not exceed 45 percent of the gross lot area; except that when the 60 total building floor area on a site is contained within a single building, and when the total 61 area used for loading terminals, docks and berths is completely enclosed within the same 62 single building, a lot coverage of not more than 60 percent of the gross lot area will be 63 permitted. 64 65 SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its 66 passage and publication. 67 ADOPTED this day of , 2017 on a vote of_ayes and_nays by the 68 City Council of Orono, Minnesota. 69 ATTEST: 70 71 72 Anna Carlson, City Clerk Dennis Walsh, Mayor 73 74 75 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 2 * r R I PC Exhibit C c- i -7 1 F. g it! il i la ihi 0 CT) I I li i . ,c4 t r,F r r '95 jI al 4j �S8 i rG i3! • `k a-,• a • i ;1 I i 1 .1. zEi " Pi ` Ii t \ ' 01 JO �� � ItIIJ �ys i 11 11 1 2101 ill ;;;11,1 lt EIS ` 11 ► '• � � ,r ^it 1 iilall • 1PiJJJr 1 h k , .Ta tin R K Y > .61 t tr. y V : ' 0a Aga VI 1 loll fi- - IP '' t A4 11 %41,11 a Art Orf.04 IL# 1 - •Yo sO ^r:� � . } ,ek_ ___s e14 - lG1 ' . 34 --_. _ ► :. '� iia. 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O Ills i• g. ,l g o e� '!• $ o� t t.,,,, A iiztu i, s. 0,tps m& bol[,, _p 21 Job Number: 8243 I hereby corttfy that this certifcote of survey wm �1/�jJ/1�/'�pt'� prepared by me or under my duct eupenpion and 800JI/Pc9a' LL W V!llJ[i+Jf l�.T. that I am a duly Registered Land Surveyor under the Hwy pare: 7/rf/7s �4� /�� �7 lows of Mme State of Minnesota. 0 SERVICES e�/ S!� Drawing Name: wIndmigerdwp �r�rll/ s Drawn by:- OATS u1 ll v pouf e..Soh revision: 9-13-16(show proposed conditions) 763-972-3221 8997 Ca Rd 13 SE Data Z/.Z4' Registration No. 14700 Y 9-21-16(Mow prop. grades designed by { rewcSthobwpLawLor n OOI0n0.AIN 36.728 &unbars k Assoc, Inc.) CERTIFICATE OF SURVEY FOR 1r limn GRETCHEN SHAW \ OF LOT 16, SHADYWOOD OM.. 11 \ \\ \ OMB\1 1t ,o,,, EXISTING \ `\ 111\ HENNEPIN COUNTY, MINNESOTA I I HOUSE `' \ \ 1111111 I II 1 ; II X 1740 �' veno "� \\ 1\ 11 1 1 1 •�Y *� \ l 4�y RA 1 II 1 t.so \11PeD \\ \\ \ `\ 1\ 11 �© 1 1 i w I 111 0.0 \ et ` I \\I \ \\ 11 ,�/ h Cy 1 1 1 1 1 1 1 1 0. e.. \}y \ T\ .�� , N I 7 \\ I t r I I i :9'53'35" E 1 125`.y,1-..1..-•^ - '''',..,:',..\\\ \ �,a ::� �.: l.. 31.23 - - '.�N.\'1. � r , ..,_...._3 63.19 1 \ LAKE �+ ^1 Ifi % / 7 1,0. .E �,\ • i11111`I ,, ,� .�.� » a . • ,�\ I i 111,1 \\ MINNETONKA d t-4 : / \ I liillr - �•}, CRYSTAL BAY$ 1 1 '1 1 allvawar s -- HOUSE r. 1 L'N� 1 4 1 iAVERAGE tob \o„....19.4.40:=TTURd Ia 11P) 1t1�59�'- :.1=1:71 ? 1BACK `'p11i111 d .1 1 k I rno IN _ 1 INF \1� \11t 111`1li 11 N�/ O 1 Il`'`rnr3`' fi.�i, _ _3'. `•Sf feAa( Sm. \}\ 1 } >t\ \ �- O1 1 1\ 1 ......_.3 .,._...... .leis. baa �� 99.99 '"� _1 1 114 I v 'C""" 61. � \ to 1 11 \\ \ ) dace A EXISTING 1 \\\\\\\\\\ \ \ i—k `- \ `. \I \\ \\ \-N 69.53' "�.o uo.90 t.�t 11 1 11 \ \\ \\ 66 \ 1 \ 1 \ pa f \ i�1 LEGAL DESCRIPTION OF PREMISES HOUSE DECK \ \ 1 ...--))1143, I \1 rs1 p,,1 a. Wed Le 1e e+ 1 1 1'1 11 \ \\\ \1 \\\\1�` Lot 16, SHADYWOOD l I \ a'z 1 1 1 li 1 1 1 \ I I 1'Qe1q oa4 \ \• •, \, ` \ \ 1 1 1 • : denotes iron marker found `t 1 ` 'Imb (906.3): denotes existing spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum iBearings shown are based upon an assumed datum. (,) This survey intends to show the boundaries of the above described property, and the location of an existing house, spot elevations, topography, trees, lokesides of adjoining houses, and allvisible "hardcover" thereon. It does not purport to show any other Improvements or encroachments. DATE e_~OSLO w.BM a ens,or NM--- � "' �I her.bY entity thel tN�pkv,,apeeiflcotlon.er sport ...w.-14, " '� �- GRONBERG & ASSOCIATES, INC. "m b y a onOar my:.ct.ysN ert tv_.r A-ie the knst ofothe Slots off timwsc a Surveyor under CONSULTING ENGINEERS, LAND SURVEYORS,& SITE PLANNERS DATE— -- 7-21-16 445 NORTH WILLOW DRIVE, LONG LAKE, MK55356 �� 952-473-4141 `� 16-297A JOB NO. WI(S.Gror e-g Mireeseto License Norther 12755 16-2674 DIC. ' iN SON STREET o OHU + nui i } GAS -0' OHU OHi, 967.7 oriu--� `"(PLAT = ,1135.75)1 p — v IP 1 7.5 N89°OO'2L/"lY 135.487 P2./," POI 7. C] , o F'} _IJ 0 .cC _J N C.) �� I'} `y rJf ., co WELL - in w j s} gi0 0) i 1M � N !� 0) 0 4J 14.J °. u) 4 \ _ LJ: 7Tl/T77/.�///.� M 53.2 _ 0 24.0 0 o =� �� - -- R vs - &5 N 30.0 ro Q ' L— _3 � a. 0_in o p _ .0. _ ,. , --- to d KISTING GARAGE, 53.2 r 3.5 0 t3. ' �, 4 GF — 956.3u' 3.5 En 30.0' TO ST2C P N �� 7 ,c` 34.0 u� 5.7' TO HOUSE 965.7 �J 6I �" 1 j / FND IP 3/4I t 1— 1�- S IF • N aP 9016 589°'00'27"E 135.44 966.6 (PLAT = 135.75) FND IP :1/4." '3, 533 0 16. 6 CURRENT ZONING:R-R 1B SETBACKS: MIN.FRONT:50' MIN.SIDE YARD:30' MIN.CORNER LOT:50' RECEIVED MIN.REAR:50' '7, '` APR 20 016 i1 l loil i 30 15 0 15 50 60 CITY OF ORONO �R.a 1 SCALE IN FEET } k yc tif'� .a .pino was «bymeor�mya °ad t Pa 'lip S;LtTHR.E—BERGQ�JIST, INC. am a duly tacmmd Land Stmveytr under the 4r.ofthc Sme ofMM.eceta. I Dated this 20th 150 South Broadway SATIN&1)Ea�iQU1ST, "'r/.: 0, ( )476-6000 www i3$I111e oDLL, - Wayzata, MN.553gl I ----\ � 1 Exhibit Dab:4/20/16 Rovi.lon Mow Variance i�CiP I 1 R' ' ' �'""'"""'"--� Prepared For Premed B':028 cheek By:Dep David H.Pemberton,PLS Minnesota Limier.HI 403/.4t Layout Shat pemhextc.(�Pemberton, 3 8 3 a ZEHNDER HOMES Project Nurnbor. .c81 lir Item 11 �OlV� To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator y� �� G l�kES Fl 0 From: Jeremy Barnhart,Community Development Director Date: February 21, 2017 Subject: #17-3897, City of Orono,Text Amendment: Special Events Public Hearing Application Summary: The draft ordinance amends the regulations for special and private events throughout the city of Orono. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background The issue of special events was the highest priority item highlighted by the Planning Commission and City Council last fall. Special event regulation is intended to allow flexibility for certain events that are important for community health and vibrancy while managing the impact they may have on the neighborhood. The regulatable issues generally associated with special and private event impacts include traffic, noise, parking. Recently, it was noted that the frequency of these events compounded any negative impact. Between October,2015 and December 2016,the City issued 89 special event permits, including permits for races (23), home tours (23) and live music(7). The goal with the amended regulation is to allow residents to have occasional parties,, including those with live music,for graduations,weddings, private fundraisers, and private reasons, without onerous permitting processes,while protecting neighborhoods from frequent, impactful events. The Draft Ordinance amends the definition of Private Event and Special Event. A residential property may house 3 private events per calendar year without the need for a permit. The fourth event would require a permit. The permitting requirements would remain the same, and are illustrated in section 66-121. Some events require a license,as illustrated in Chapter 38. Public Comments To date, no public comments have been received. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Permitting requirements Exhibit C. Licensing requirements Exhibit A 17-3897 ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING SPECIAL EVENTS WITHIN THE CITY OF ORONO THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 66-191 shall be amended by adding text to read as follows: Sec. 66-191. - Definitions Private event. Any event in a residentially zoned district that is intended or likely to draw crowds, noise, or traffic beyond the normal use of the land use designation. Private events may include, but are not limited to:festivals, parties of any type, music and theater recitals or shows. Private event means any private function or special event that exceeds normal levels of city public service and requires special service from city departments and/or mutual aid agreements. Special event means any marathon run/walk of any length, block party, fishing contest, parachute jump, hot-air balloon event, carnival, open house held as part of a home tour, or any other activity or event open to the public which in some way impedes or affects the free and unobstructed flow of vehicular or pedestrian traffic, generates parking needs for more than 20 vehicles off the site at any one time on residential streets, not including a public access to Lake Minnetonka, or requires the posting of no parking signs to maintain compliance with traffic laws and regulations. Private events that impede or affects the free and unobstructed flow of vehicular or pedestrian traffic, generates parking needs for more than 20 vehicles off the site at any one time on residential streets, not including a public access to Lake Minnetonka, or requires the posting of no parking signs to maintain compliance with traffic laws and regulations are considered a special event. These may include estate sales. SECTION 2. Section 66-222 shall be amended by adding text to read as follows: Sec. 66-222. - Exceptions. The following are not required to apply for permits under this division: (1) Funeral processions; (2) A governmental agency acting within the scope of its functions; (3) An occasional private party that is held on private residential lots that does not require special service from a city department. A property hosting four or more Private Events per calendar year shall obtain a permit as required in Section 66-221. SECTION 3. EFFECTIVE DATE:This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of , 2017 on a vote of_ayes and_nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 2 1/26/2017 Orono,MN Code of Ordinances PC Exhibit B Sec. 66-191. - Definitions. Permitting The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Parade means any movement of vehicles, persons or animals, in any combination, which either moves together and as a body so as to impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part is in violation of one or more traffic laws or regulations. Private event means any private function or special event that exceeds normal levels of city public service and requires special service from city departments and/or mutual-aid agreements. Special event means any marathon run, block party, fishing contest, parachute jump, hot-air balloon event, carnival, open house held as part of a home tour, or any other activity or event which in some way impedes or affects the free and unobstructed flow of vehicular or pedestrian traffic, generates parking needs for more than 20 vehicles off the site at any one time on residential streets, not including a public access to Lake Minnetonka, or requires the posting of no parking signs to maintain compliance with traffic laws and regulations. (Code 1984, § 6.08(1); Ord. No. 48 3rd series, § 1, 8-25-2008; Ord. No. 57 3rd series, § 1, 4-27-2009) Cross reference— Definitions generally, § 1-2. DIVISION 2. - PERMIT Sec. 66-221. - Required. A permit shall be obtained from the city by any person who will be holding or sponsoring a parade, private event or special event. The permit requirements set forth in chapter 38, article V, apply in addition to all licensing requirements. (Code 1984, § 6.08(2); Ord. No. 48 3rd series, § 2, 8-25-2008) Sec. 66-222. - Exceptions. The following are not required to apply for permits under this division: (1) Funeral processions; (2) A governmental agency acting within the scope of its functions; (3) An occasional private party that is held on private residential lots that does not require special service from a city department. https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVPUPR_CH66TRVE 1/4 1/26/2017 Orono,MN Code of Ordinances (Code 1984, § 6.08(7); Ord. No. 48 3rd series, § 3, 8-25-2008) Sec. 66-223. -Application. (a) Application for a parade or special event permit shall be made to the city at least 14 days in advance of the date on which the parade or special event is to occur unless waived by the city administrator or designee if, after due consideration of the date, time, place, and nature of the parade or special event, the anticipated number of participants, and the city services required in connection with the event, the city administrator or designee determines that the waiver will not present a hazard to public safety. (b) The applicant shall fill out a form provided by the city administrator or designee, stating the: (1) Applicant's name, address, and telephone number(including the telephone number(s) in which the applicant can be reached on the day of the parade or special event); (2) Proposed parade route or location of special event; (3) Time of commencement and termination and date when the parade or special event is to occur; (4) Anticipated number of participants; (5) Shuttle bus plan for participants and location of off-site parking for open houses; (6) Site plan locating buildings, driveways, local streets, parking location, temporary structures (including size), temporary restrooms, or any cordoned off area(s)for special events; (7) Signature of the owner of the property on which the special event is to be held; (8) Proof of written notice to all property owners within 350 feet of the location on which a special event is to be held at least ten days prior to the special event. The notice must contain the date, time, and location of the special event; and (9) Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the parade or special event, or which, under any such law or regulation,would exempt the applicant from the licensing requirements of this article. (c) The application shall be executed by the individual applying for the permit or the duly authorized agent or representative of the sponsoring organization.The permit requirements set forth in this section apply in addition to all requirements in section 38-802. (Code 1984, § 6.08(2); Ord. No. 57 3rd series, § 2, 4-27-2009) Sec. 66-224. -Application review and issuance. (a) The city administrator or designee shall forthwith refer all applications for parades and special events to the police chief or designee and to other city departments as deemed necessary. (b) The police chief or designee shall review each application to determine whether and to what extent additional police protection is reasonably necessary and to what extent the parade or special event will interfere with the safe and orderly movement of vehicular and pedestrian movement on public streets. https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVPUPR_CH66TRVE 2/4 1/26/2017 Orono,M N Code of Ordinances If an application involves state trunk highways,the police chief or designee shall make necessary arrangements with the state department of public safety for alternative routes or whatever may be necessary. (c) The city administrator or designee shall issue the permit as provided for herein, unless grounds exist for denying the permit under section 66-225. (Code 1984, § 6.08(3); Ord. No. 57 3rd series, § 2, 4-27-2009) Sec. 66-225. - Denial of permit. (a) The city administrator or designee may refuse to issue a parade or special event permit to the applicant for any of the following reasons: (1) The conduct of the parade or special event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location. (2) The conduct of the parade or special event will require the diversion of so great a number of city police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city. (3) The proposed special event violates the Zoning Ordinance. (4) The parade is not scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. (5) Adequate sanitation and other required health facilities are or will not be available. (6) Sufficient parking near the site of the parade or special event has not been provided to accommodate the number of vehicles reasonably expected or the applicant has not provided a plan that is sufficient to shuttle visitors to and from a special event. (7) The application fails to comply with relevant provisions of section 38-802. (8) An investigation revealed that the applicant falsified information on the application. (9) Failure of the applicant to pay the required fee. (10) Failure of the applicant or the owner of the property on which the special event is to be held to sign the application. (b) The city administrator or designee shall act promptly upon a timely filed application for a parade or special event permit, but in no event shall grant or deny a permit less than 48 hours prior to the parade or special event and shall include reasons for denial. (Code 1984, § 6.08(4); Ord. No. 57 3rd series, § 2, 4-27-2009; Ord. No. 178 3rd series, § 5, 10-10-2016) Sec. 66-226. - Payment of expenses. The applicant for a parade, a special event, or a private event permit shall pay a service charge for the governmental services provided to enforce this article; and the city may, as a condition of approval of the permit, require that the applicant deposit money with the city in a sum equal to the estimated service https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVPUPR_CH66TRVE 3/4 1/26/2017 Orono,MN Code of Ordinances charge to be incurred by the city. Service charges include all city staff time or city consultant time necessary. The city may certify to the county auditor any unpaid service charges which shall be collected together with property taxes levied against the property. (Code 1984, § 6.08(8); Ord. No. 48 3rd series, § 4, 8-25-2008) Sec. 66-227. - Fees. All permits provided for in this division shall be issued only upon payment in full of permit fees and other costs fixed and determined by resolution. (Code 1984, § 6.08(9)) Sec. 66-228. - Prohibitions. The following prohibitions shall apply to all parades and special events: (1) It shall be unlawful for any person to stage, present, or conduct any parade or special event without first having obtained a permit as herein provided. (2) It shall be unlawful for any person to participate in a parade or special event in which the person knows a permit has not been granted. (3) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or special event to knowingly fail to comply with any condition of the permit. (4) It shall be unlawful for any person to engage in any parade or special event that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property. (Ord. No. 57 3rd series, § 3, 4-27-2009) Sec. 66-229. - Revocation of permit. The city administrator or designee shall have the authority to revoke a parade or special event permit instantly upon violation of the conditions or standards for issuance as set forth in this article or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the parade or special event would have an immediate and adverse effect upon the welfare and safety of persons or property. (Ord. No. 57 3rd series, § 3, 4-27-2009) https://www.municode.com/library/mn/orono/codes/code_of. ordinances?nodeld=TITVPUPR_CH66TRVE 4/4 PC Exhibit C Licensing ARTICLE V. -SHOWS,CIRCUSES AND SIMILAR PERFORMANCES DIVISION 1. -GENERALLY Sec. 38-671. -Exceptions. The following activities and performances are exempt from compliance with this article: (1) Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for their students only. (2) Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. (3) Any performance or event in,or sponsored by, bona fide local church and nonprofit organizations, provided that such organization shall be incorporated. (4) Any activity or performance more specifically defined and licensed under another section of this chapter. (Code 1984, § 5.25(7)) Sec. 38-672. -Maximum size. It is unlawful for any licensee to admit a larger number of people than the maximum fixed by the council at the time of issuance of the license. (Code 1984, § 5.25(3)) Sec. 38-673. -Overnight camping. It is unlawful for any licensee to permit or for any participant, spectator or customer to camp or sleep overnight at the location of a large assembly. It is also unlawful for any licensee to permit or any participant, spectator or customer to prepare food on such premises unless such person is a concessionaire. This section does not apply to security officers performing their duties as such. (Code 1984, § 5.25(4)) Sec. 38-674. -Permitted area. Large assemblies shall be permitted only after a finding by the council that the character of the proposed assembly is compatible with the character of the surrounding neighborhood, considering the problems of noise, lighting,traffic,sanitation,congestion and other factors affecting the public health,safety and welfare of the entire area, and compliance with this Code. (Code 1984, § 5.25(6)) Sec. 38-675. -Obscenity prohibited. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Page 1 Nudity means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. Obscene performance means a performance which in whole or in part depicts or reveals nudity,sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct. Obscenities means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. Performance means any play, motion picture film, dance or other exhibition pictured, animated or live performed before an audience. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. (b) Prohibited conduct. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly: (1) Exhibit an obscene performance; (2) Directly or indirectly sell an admission ticket or other means to gain entrance to an obscene performance; or (3) Directly or indirectly permit admission of a person to premises on which there is exhibited an obscene performance. (c) Prosecution. Any prosecution under this section shall include the following elements: (1) That the average person, applying contemporary community standards, would find the performance, taken as a whole, appeals to the prurient interest of the audience; (2) That the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of"obscene performance"; and (3) That the performance,taken as a whole, lacks serious literary, artistic, political or scientific value. (Code 1984, § 5.25(8)) State Law reference—Indecent exposure, Minn. Stat. § 617.23; obscenity, Minn. Stat. § 617.24. Secs. 38-676-38-800. -Reserved. DIVISION 2. -LICENSEI Page 2 Footnotes: ---(5) --- Cross reference— Business licenses. r S1 et sec;. Sec. 38-801. -Required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license from the city. It is also unlawful for any person to promote or sponsor a large assembly for any purpose and to which the public is invited without first having obtained a license from the city. For the purpose of this division, the term "large assembly" means a gathering or projected gathering of more than 300 persons at one time and at a single location. This shall apply in addition to any ordinance requirement. (Code 1984, § 5.25) Sec. 38-802. -Requirements. Unless waived or modified by the council for good cause,all applicants for a license under this division shall demonstrate an ability to meet or provide the requirements listed in this section. Every license shall be conditioned on maintenance of the following: (1) If fully or partially out-of-doors, a fence shall completely enclose the location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the grounds,which fence shall have a sufficient number of gates to allow safe passage to and from the gathering. (2) Potable water, meeting all federal and state requirements for sanitary quality, sufficient to provide drinking water for the maximum number of persons to be assembled, at the rate of at least one gallon per person per day. (3) Enclosed toilets, separate for men and women, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled in accordance with the state board of health regulations and standards, which shall be kept clean, operable, and free of refuse. (4) A sanitary method of disposing of solid waste in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and collecting all such waste at least once each day of the assembly's continuance, and sufficient trash containers and personnel to perform such tasks, and a plan to return the area to its original condition. (5) Illumination sufficient to light the entire area of the assembly if it is to continue during the hours of darkness. (6) Security and traffic controls meeting the requirements of local authorities and the state department of public safety and regularly employed security officers, sufficient to provide adequate security for the maximum number of people to be assembled. Such officers shall be licensed by the state. (7) An administrative control center with telephones where local authorities can contact the licensee and law enforcement personnel inside the area of the assembly. Page 3 (8) A policy or certificate of insurance on which the city, its agents and employees, are additional insureds, providing public liability insurance providing umbrella or all perils coverage in the amount of$1,000,000.00. (9) Physicians and nurses licensed to practice in the state sufficient to provide the average medical care enjoyed by state residents for the maximum number of people to be assembled at the rate of at least one physician and nurse for every 5,000 people, together with an enclosed covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least two emergency ambulances with attendants for each 5,000 people. (10) A parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons. (11) Telephones connected to outside lines sufficient to provide service to the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 1,000 persons. (12) Fire protection to be provided by the sponsor, including fire alarms, extinguishing devices and fire lanes.Such fire protection shall be sufficient to meet all applicable state laws and local regulations which are in effect. Sufficient emergency personnel to efficiently operate the required equipment shall be provided by the sponsor. (13) Copies of all proposed advertising. (14) All reasonably necessary precautions to ensure compliance with noise restrictions as regulated in this Code. (15) Written permission from the owner of the premises. (Code 1984, § 5.25(2); Ord. No. 155 2nd series, § 1, 2-10-1997) Sec. 38-803. - Investigation fee. In addition to the license fee the council may fix an investigation fee commensurate with the cost of investigation. (Code 1984, § 5.25(5)) Page 4