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HomeMy WebLinkAbout03-20-2017 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE t"_--' ab\7 I ❑ COUNCIL PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please compute the follingta ' la PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER (s— it) 1. X,K-6,) r-n)&-LF,h444-u -kS7- 13,6f IFP 2. azaa s 8 ' 39a3s 3. KIAQC y72" L i c ' 4. C /1,�.�c-�-�.J d +�)S�� voS ►.� . 5. C/ c C- /10 r p(*I to 6. 3003 r-i, — ta) * , I 7. Cr. IPS 1._44p e-2 X5'10 o r AcrM, 1)6,d 8. Kv 3t eralYvit Sc UIPv- 2-7-55 Av �- 9. A ! c j Orrb `-t II (o Ai, lti.v o ocl I`c j. 8 J 11. E Qfc 12. E-- \A/ t el 22 ( WA ifiJ J I �,� 13. 14. 15. V:\(LEGAL FORMS)1(FORMS)\PUBLIC ATTENDANCE.DOC �-fe►NL Z i ,T f)7' r� DEPARTMENT OF THE ARMY ' : ST.PAUL DISTRICT,CORPS OF ENGINEERS :a.., 2 180 FIFTH STREET EAST,SUITE 700 t, , r, 9 / ST.PAUL,MN 55101-1678 REPLY TOAUENflONOF MAR •_i_; 'moi REGULATORY BRANCH 201? Regulatory File No. MVP-2017-00707-MMJ Freshwater Business Center Attention: Chris Prok , 2500 Shadywood Road Excelsior, Minnesota 55331 Dear Mr. Prok: This letter concerns your request for Department of the Army authorization to construct a wooden dock, that will be 6 feet wide and 180 feet long, over a wetland and into an open water marsh. This project site is in Section 21, Township 117 North, Range 23 West, Hennepin County, Minnesota. The work proposed at the location stated is not within the regulatory jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or fill material, including that associated with mechanical land clearing or temporary sidecasting, will be discharged in any water of the United States, including wetlands. Therefore, a Department of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. The decision regarding this action is based on information found in the administrative record which documents the District's decision-making process, the basis for the decision, and the final decision. If you have any questions, please contact me in our St. Paul office at (651) 290-5363 or Melissa.M.Jenny@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Sikerely, Mell a Jen Project Ma ager ccs: Ben Meyer (BWSR) Kate Drewry (DNR) GRONBERG&ASSOCIATES, INC. SURVEYING,ENGINEERING AND LAND PLANNING RE: Item #7 445 N.WILLOW DRIVE LONG LAKE,MINNESOTA 55354 #17-3912 185$-473-4141 FAX: /53-473-4438 Received March 20, 2017 03/20/17 Bruce Birkeland 1298 Wildhurst Trail Orono, MN 55364 RE: Lot Line Rearrangement Lot width at 75 foot setback line Bruce: I was very surprised to see the City of Orono interpretation that the lot width at the 75 foot lakeshore setback should be measured at the inside of the chord rather than the outside of the chord as we have shown on our survey drawing. We have been showing it this way for many years on other projects in Orono and in other adjoining cities as well and have never been questioned on our interpretation.The purpose of a lot width measurement is to show that you have enough room to build a house on the lot. You would certainly not be allowed to build the house at the inside chord line because you would be way to close to the lake.Taking the measurement at the outside of the chord gives a more correct representation of where you can build. Sincerely, GRONBERG &ASSOCIATES, INC. Mark S.Gronberg, PE & LS Included by Staff for Sec. 78-1. - Definitions. Reference The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Page 1 Regarding Item 11 From: #17-3917 To: Melanie Curtis Subject: 4005 North Shore Drive Variances Date: Monday,March 20,2017 5:48:07 PM I live at 1560 North Arm Drive (County Road 19), across from this planned house, garage and pool. I just have to wonder what Hennepin County has to say if this county road were ever to have a proper shoulder added to this County road like normal County roads have. Doesn't the County have an opinion on this house being so close to the road? I am unable to be at the hearing tonight, since I have to work. Thank you for your consideration, Barbara and Patricia Lawless DA s �mmission Meeting for I O i - 7; 6:30 PM / ..-'`---- 2780 Kelley Parkway, 155356 s', � I / \cci.orono.mn.us \cci.orono.mn.us KfsHO‘�` 1 %/ Aaron Printup Legend Roads j ,pproval of Planning = U.S Trunk Highway ;ommission Meeting = Minnesota Trunk Highway linutes of February 20, = County Highway 017. — Local Roads ,pproval of Planning Private Streets ;ommission Work Session Minutes of February 1, Railroad i . 017. 0 City Limits • its 8098, Inc., �V Shadywood Road, itional Use Permit \: Jeremy Barnhart) Inc., I) ' - Navarre Lane,Variances r\--ik, f : Mike Gaffron) K Sheralyn Saddler, �'' ,.' -- - Ethel Avenue,Variances _ • j` li : Mike Gaffron) T est, LLC, j r' Forest Wayzata Blvd W, . �f2 g Code Text Amendment �" /6- : Mike Gaffron) Jerinings `' vest, LLC, Bay Wayzata Blvd W, ti i #1-7 t • tional Use Permit ns �'i A+- Mike Gaffron) '-77/- -' v,. Birkeland, IU U �� 1. 7-117-23-31-0028 J-� Q��� a aim, :ent to 1298 Wildhurst llllll7��/0�� Variances Melanie Curtis) Harrison i & Darcy Otto, p I - Highwood Road, �' " ice D�r ( r - i umeism inumeme ri: Melanie Curtis) 2 ici moo" Brothers on behalf of --- -��------ ---.-_ e & Nora Daum, �` r �� '' -' �� . �Fagerness Point Road, — �J ces Ii — 1 _ Mike Gaffron) gliV - -- - Eskuche on behalf of 1, -" Q rc• r -st Burke, If _ - a Tonkawa Road, LL'. f ices �d � �s'g i : Melanie Curtis) fIcliFI, Pte` is &Vicki Splinter, 03-20-2017 0 Cook's c1 �f gaygay �� ; . `•-. I North Shore Drive, PC Mtg ''t-\-V �, ft I ices � ��r l�V� 4� : Melanie Curtis) Disclaimer. � &Ashley Mehbod, This drawing is neither a legally recorded nap flora North Shore Drive, survey and is not intended to be used as one.This 0 2645 Feet drawing is a compilation of records,information,and data ice located in various city,county,and state offices,and other sources affecting the area shown,and is to be used for ©Bolton&Menk,Inc-Web GIS 3/15/20179:28 AM . Melanie Curtis) reference purposes only.The City of Orono is not responsible for any inaccuracies herein contained. Item l a MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse,Commissioners Kevin Landgraver,Bruce Lemke,Denise Leskinen,Chad Olson,and Loren Schoenzeit. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron,City Planner Melanie Curtis,and Recorder Jackie Young. Council Member Victoria Seals was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 17, 2017 Landgraver moved,Lemke seconded,to approve the minutes of the Orono Planning Commission meeting of January 17,2017, as submitted. VOTE: Ayes 6,Nays 0. 2. #17-3898 DALE RICHARDSON,2060 WAYZATA BOULEVARD WEST, ORDINANCE/PUD TEXT AMENDMENT, 6:32 P.M.—6:51 P.M. Dale Richardson,Applicant,was present. Gaffron stated Dale Richardson of CBS-MN Properties is the owner of the property located at 2060 Wayzata Boulevard West. The site has five building pads and a common outlot. The applicant is requesting the City amend the zoning provisions for the subject property to allow daycare as an allowed use for the property. The impetus for the request is a separate application from Little Acorns Childcare,which currently operates in Long Lake. They have requested a conditional use permit to operate a daycare in the existing building on the property. The property is zoned B-6 PUD. B-6 is an office/commercial district. The PUD on this property specifically allows for a small office condominium complex consisting of five buildings but does not allow any other types of uses. Because the PUD 2C Agreement functionally becomes the zoning for this property,an amendment of the Agreement is necessary for approval of a daycare use should the City Council choose to allow it. As a result,the applicant is requesting the City amend the Agreement to allow daycare as an allowed use for the property. From Staffs perspective,a B-6 District text amendment to allow daycare would not be necessary. The proposal to allow the daycare use should be evaluated against the goals of the Community Management Plan. The CMP guides the subject property for office use but the Comprehensive Plan 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." Gaffron noted while this property is essentially guided for office use,the Comprehensive Plan suggests service uses would be appropriate;a daycare facility would be a service to the community. The character of the immediate neighborhood is varied. Some businesses along the Highway 12 corridor provide services to a sub-regional area,not necessarily specific to Long Lake and Orono,while other Page 1 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. businesses are quite localized. The proposed daycare use is likely to be providing service to local residents and potentially to some smaller subset of commuters. In residential zoning districts where daycare is allowed,it requires a conditional use permit. Daycare is also allowed in the B-1 and B-3 districts as a conditional use. Little Acorns Childcare is looking to occupy the existing building on the site and remodel the interior. The building on Lot 2 to the immediate east consists merely of a foundation. The rest of the site has had extensive grading done on it in 2007-2008 in preparation for future office condo use. In other areas of the City where daycare is allowed,it is a conditional use. In residential districts where it is allowed there are no specific standards for a daycare other than it is to be a conditional use. In the commercial districts where'day nurseries' are allowed,the only condition is that not less than 50 square feet of outside play area per pupil be made available and that it be fenced. The applicants have proposed two outdoor play areas,one at the north end of the parking lot and another behind one of the building pads. The primary intent of this part of the application is to determine whether daycare is appropriate for this site and then to define what conditions should be established for the use. One of the issues is the fact that the site contains five separate building sites. In discussions with the applicant and others over the past five or six years,it was noted that it is not likely the remainder of the site would be developed in the configuration as originally proposed. Gaffron stated in a perfect world there would be a comprehensive development plan for the site rather than a piecemeal approach. At the time of the original plan, one of the City Council's concerns at the time the property was being developed was that only one of the buildings would get built,rather than a complete timely buildout of the site. Unfortunately,the former has occurred. As it relates to parking,the original approvals for parking required 3.5 stalls per 1,000 square feet using 85 percent of the gross floor area,which was felt to be a realistic standard for the office condos. The site plan was approved with a parking layout that just meets the minimum with 102 stalls. The'Day nurseries' use under current code requires 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 that formula,a total of 15 parking stalls would be required. Gaffron stated the daycare will potentially take up more than one-fifth of the total parking on the site and will need to be reviewed as part of the Little Acorns CUP application. The parking area as constructed meets all required setbacks. The parking stalls have never been striped. By all indications,it also appears that the wear course of bituminous has never been installed. A backup apron was included at the end of the most northwesterly parking area. 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 median and no turn lanes. At the time the senior housing project was approved,the City required a cross-access easement through the senior housing parking lot to allow direct access to and from Brown Road from this property. The current Hennepin County plans for improvements to Wayzata Boulevard will remove the median and insert an opposing left turn lane system. This will allow for full turning movements at the shared driveway and will make access to the applicant's property much easier and less of a burden to the senior housing property. Page 2 of 32 v MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. The Planning Commission and City Council should determine if the proposed daycare use is consistent with the Community Management Plan and/or the neighborhood. The Planning Commission should also discuss whether any specific conditions should be imposed to mitigate the impacts of the use. Planning 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. Thiesse asked whether discussion on this application should be limited to the PUD. Gaffron indicated that is correct. Gaffron stated Item No. 3 is regarding the conditional use permit request and that it would be very difficult to review a proposed use without having some sense of how the property will be used. Lemke asked if there is any issue with using the parking area to the east and having access through there. Gaffron stated when Amber Woods was developed,the City required an easement to allow traffic from the subject property to go through the senior housing parking lot. That easement has been in place for approximately 15 years. Lemke asked if going to the north towards the strip mall would be an option. Gaffron pointed out the location of the existing infrastructure in the area. Gaffron stated the initial intent was that the parking area could become a continuation of a road via outlots that exist through the Sugarwoods subdivision. The easement that was over the Otten Brothers property no longer exists. Gaffron stated the need to go west with the road is not an immediate need and it is possible there will never be a need for that. Gaffron stated the grade change makes that connection a little more difficult but not impossible. Gaffron noted the use of that area for a daycare play area would eliminate a few parking spaces. Lemke asked if the truck station would remain. Gaffron stated Staff has not received any indication that it would be eliminated. Dale Richardson, CBS-MN Properties, stated in his view the daycare is a good fit for the area and is not out of character with the rest of the area. Richardson stated they do have plans for the other parts of the property but that it is still a work in progress at this point. Richardson indicated there would likely be two buildings on the site or possibly one large building in addition to the existing structure. Gaffron pointed out the location of the existing structure. Richardson stated the one building is being contemplated as a medical building and that building would have parking below,which would compensate for any lost parking. Chair Thiesse opened the public hearing at 6:50 p.m. There were no public comments regarding this application. Page 3 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Chair Thiesse closed the public hearing at 6:50 p.m. Landgraver stated he tends to agree with Staff to amend the agreement as opposing to modifying the B-6 district. Landgraver stated some of the other developments going on in the City may create additional demand for daycare. Thiesse noted one option is not to change anything. Leskinen indicated she is in agreement with Commissioner Landgraver. Lemke moved, Schoenzeit seconded,to recommend approval of Application No. 17-3898,Dale Richardson,2060 Wayzata Boulevard West,granting of a PUD text amendment. VOTE: Ayes 6, Nays 0. 3. #17-3899 LITTLE ACORNS CHILD CARE,2060 WAYZATA BOULEVARD WEST, CONDITIONAL USE PERMIT, 6:51 P.M.—7:16 P.M. Mary Smale, Little Acorns Child Care,and Dale Richardson, CBS-MN Properties,were present. Gaffron noted 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. The applicant is currently operating a daycare business in Long Lake and is requesting that the City approve a conditional use permit to allow operation of a daycare in the existing building on the property. Currently the only Orono Zoning Code requirement for a daycare conditional use permit(in B-1 and B-3 Districts)is that 50 square feet of outdoor play area per pupil must be available. For a 95-child level of use,the code would require a 4,750 square foot play area. This requirement is different from current state licensing standards,which require a minimum of a 1,500 square foot outdoor activity area. The applicants are proposing two 1,500 square foot outdoor play areas which would allow 20 students playing at a time under state regulations. Given existing state regulations, Staff does not believe there is a need to enforce the City requirement as long as the state requirements are satisfied. As it relates to parking,technically Orono's Code requires 15 stalls for this use. Use of the northerly portion of the parking lot for a play area eliminates six parking stalls and the backup apron that was required in the original parking lot approvals. This makes the remaining stalls abutting the play area less functional. Staff would be requesting 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 off or picking up children would have to park in a defined stall. 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 and 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. Page 4 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. The applicants have submitted building layout plans that do not propose additional lighting. Parking lot lighting was completed by the original developer. The applicants have not indicated the need for any additional exterior lighting. If any new exterior lighting is proposed,photometric plans should be provided. Under the original approval,the dumpster area was to be enclosed but that has not yet been done. Any approval should require the dumpster area to be enclosed. In addition,the incomplete elements of the landscaping plan should be completed. The entire PUD development site is allowed 190 square feet of signage,which includes the existing partially-built monument sign and individual exterior wall mounted signs for each unit. The applicants should be asked to show the size and location of signage proposed for their use. The Planning Commission should discuss the issues outlined in Staff's report. If the Planning Commission concludes that this site is appropriate for the proposed daycare use, Staff would recommend approval subject to the following conditions: 1. The applicants provide detailed plans with regard to the outdoor play areas, which should be designed to meet State of Minnesota licensing standards. 2. Prior to occupancy,the final lift of bituminous should be installed and the parking lot striped per the approved site plans,and dumpster screening should be constructed. 3. A signage plan meeting City requirements is to be submitted. 4. The property owner is to provide a detailed schedule for completion of required site improvements. Schoenzeit asked if City or state code require that the fenced-in play area be escape proof, such as being connected to the building. Gaffron stated he is not familiar with that and that the applicants would need to meet state standards. Thiesse asked who owns the hydrant. Gaffron indicated the fire hydrants and the water and sewer lines are city owned. The individual connections going to the buildings would be privately owned. Lemke asked whether there are any issues with fire trucks negotiating the parking lot. Gaffron stated it is likely that a fire truck would access through one of the neighboring properties. If a fire truck did go into the parking lot, it is likely it would have a hard time backing out. Gaffron noted the fire chief has not reviewed the plan at this time. Leskinen asked if the fire chief reviewed the original development plans. Gaffron stated he is not sure and can check on that. Page 5 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Dale Richardson noted the building is sprinkled. Mary Smale stated she is the owner of Little Acorns Child Care and that they have been in business for the past 20 years. Smale stated they are required to obtain state approval on their plan and that they are here tonight to see whether Orono would allow this type of use on the property. Thiesse asked if she is comfortable with the proposed outdoor play area. Smale indicated she is. Smale stated in her view the families will love the new location and that it will be a great change for them. Landgraver asked if she has any thoughts regarding the signage. Smale stated she has not really thought about signage at this point but that it likely would be located closer to the street. Smale noted the building is pretty visible from the highway but yet set back far enough for child care. Dale Richardson stated it is his understanding the contract for the road project will be let in April and that the median should be removed sometime this year. Richardson stated the signage will probably not be done until after the road work is completed since it is likely it would need to be removed as part of that project. Chair Thiesse opened the public hearing at 7:05 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:05 p.m. Olson stated the concerns raised by Staff are valid but that it seems like a good use for the building. Schoenzeit noted a lot of the regulations regarding daycares are controlled by the state. Thiesse stated his one concern relates to the fire hydrant in the back corner that might get fenced in. Gaffron stated Public Works will need to look at that. Richardson noted it is right on the corner. Thiesse stated if it is fenced in, it would be inaccessible in the event of a fire. Thiesse noted no accessory structures would be allowed on the property. Gaffron stated he would recommend the applicant provide a detailed site plan for how the site will be used. Gaffron stated the initial request was to see whether daycare would be allowed and that a more detailed plan would be required prior to the issuance of a conditional use permit. Thiesse stated the remote play area is somewhat of a concern,especially as the property becomes more developed. Page 6 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Gaffron noted there is a stormwater system that runs behind the buildings down to the south end of the property. As of a few years ago,there were open catch basins that have since been covered. Gaffron stated it is possible that the storm sewer system could change depending on what happens with the rest of the property. Gaffron stated it is also possible that the parking on the site will need to be reviewed once the rest of the site is developed. Thiesse stated his biggest concern is 95 children in the back yard of the Sugar Woods Smale stated they probably have around 20 at one time and not 95. Leskinen asked at what point something will be done with the foundation. Richardson stated they intend to develop that site sometime this summer and that they have two interested parties in the building. Leskinen asked what type of use they were thinking for that site. Richardson indicated it would be professional use, likely architectural and legal. Thiesse asked if the play area would still be available during construction of the site. Smale stated that area would be gated and the children would not be able to simply walk over there unsupervised. Landgraver stated he has previously observed this daycare on outings down to the lake and that in his view there will be plenty of adult supervision. Smale stated they would need to comply with state requirements on the ratios for adult supervision. Landgraver asked if they are open 12 hours a day. Smale indicated that is correct. Landgraver noted all the employees would not be there at all times,which will lighten the parking needs. Thiesse asked if they are willing to put down the final lift of asphalt prior to occupancy. Richardson indicated they will be doing a portion of the lot this year and then will be finishing it once the rest of the site is developed. Gaffron stated there is some risk to the applicant that the remaining construction will do some damage to the asphalt and base but currently the base is fairly stable. Thiesse asked if a construction schedule will be provided sometime this summer. Richardson indicated they are pretty much ready to go once they receive approval and that they will be submitting that in the near future. Page 7 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Landgraver asked whether there is an easement that exists for access across the adjoining property at 2120. Richardson stated there were some access agreements by the old owner but that he does not know whether they are still applicable. Richardson indicated his preference would be to go right out onto Wayzata Boulevard. Thiesse commented daycare would be a wonderful use of the building. Landgraver stated he would prefer to rely on the state licensing requirements. Thiesse stated in his view Orono's daycare standards should be removed from the code and they should just rely on the state regulations. Gaffron stated Orono's standards only apply to the B-1 and B-3 districts at this time. Landgraver moved,Olson seconded,to recommend approval of Application No. 17-3899,Little Acorns Child Care,2060 Wayzata Boulevard West,granting of a conditional use permit, subject to Staff recommendations. VOTE: Ayes 6,Nays 0. 4. #17-3900 SCOTT KIRCHNER, 1090 HERITAGE LANE,VARIANCE,7:16 P.M. 7:24 P.M. Scott Kirchner,Applicant,was present. Curtis stated the subject property is an existing lot of record that is substandard in size for the LR-1A district. The lot was created in 1965 as part of the Foxhill neighborhood which predates the creation of the 2-acre minimum requirement. The lot currently consists of 0.98 acre in area. In addition,the applicant has made an application for a subdivision exemption to allow 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 to 1.07 acres but would still not meet the requirement of the district. The additional land will make the buildable area larger and possibly avoid setback variances for the development of the lot in the future. A lot area variance is needed in order to process the subdivision exemption. Staff finds there are demonstrable practical difficulties supporting the lot area variance. Planning Staff recommends approval of the lot area variance. The Planning Commission had no questions for Staff. Scott Kirchner,Applicant, stated the survey shows some of the difficulties that were encountered with the lot,including a wetland near Heritage Lane. Due to that wetland and the building setbacks, the lot is very limited with regard to the building envelope. Kirchner stated by purchasing the adjoining property, it will help square off the lot and eliminate some of the future complications with the building pad. Landgraver stated it is a reasonable solution to a challenging problem. Page 8 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Thiesse commented it will still be a challenging lot. Chair Thiesse opened the public hearing at 7:19 p.m. Dennis Libby, 1000 Heritage Lane, stated he would like to compliment Staff for making the very prudent recommendation of approval. Libby stated this is a prime example of adjoining neighbors cooperating and doing something constructive to solve a problem. Libby stated he would recommend strongly that the City approve the variances and allow a home to be built on the site. Libby noted under issues of consideration in Staff's report there is a difference in elevation that has not been addressed by the architectural drawings or platting. Currently there is a 40-foot drop between the upper lot and where the building pad is on this lot. Historically that drop has caused a lot of water during heavy rains to collect on the road surface. Libby stated the drainage system has not been very well maintained, and when it does not work correctly,the water drains under and over the road to a private property and then down to a community pond. When that is working properly and maintained, it works very well,but when it is not,there is a lot of standing water on the roadway,which causes issues with freeze/thaw and traffic. Libby stated he would suggest the City review that drainage to ensure it is working properly as part of this application process. Curtis noted the applicant is not proposing to develop the site at this time,but at the time a structure is proposed for the site,the City Engineer will be reviewing the plans and drainage. Chair Thiesse closed the public hearing at 7:23 p.m. Schoenzeit commented the application looks fine and is more administrative in nature. Landgraver moved,Leskinen seconded,to recommend approval of Application No. 17-3900, Scott Kirchner, 1090 Heritage Lane,granting of a lot area variance. VOTE: Ayes 6,Nays 0. 5. #17-3901 MICHAEL DEMENGE,4380 SIXTH AVENUE NORTH,VARIANCE,7:24 P.M.—7:28 P.M. Michael Demenge, Applicant, was present. Curtis stated this property is located in the RR-1A,which requires a 100-foot front yard setback. In the late 1990s,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 second story addition over the existing home 76 feet from the front lot line where a 100-foot setback is required. Planning Staff recommends approval of the setback variance. The setback variance and septic system variance will be considered by the City Council at their February 27 meeting. The setback variance is the only item that is before the Planning Commission at this time. Landgraver asked how future property owners are notified of the lack of a second septic site. Page 9 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Curtis stated she is not familiar with the process since it is a building official process. Curtis stated to her knowledge the primary site is proposed to be the future alternate site as well. Curtis stated to her understanding there is notification. Curtis stated she can make that part of the recommendations if the Planning Commission would like. Michael Demenge,Applicant, stated he has nothing further to add to Staff's report. Demenge stated his intent is to improve the current home for the neighborhood and the future owner. Chair Thiesse opened the public hearing at 7:27 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:27 p.m. Thiesse commented the application is pretty straight forward. Schoenzeit moved,Lemke seconded,to recommend approval of Application No. 17-3901,Michael Demenge,4380 Sixth Avenue North,granting of a variance. VOTE: Ayes 6,Nays 0. 6. #17-3904 MARTHA MYERS HEAD,2090 SHORELINE DRIVE,VARIANCE AND CONDITIONAL USE PERMIT, 7:28 P.M.—7:37 P.M. Martha Myers Head,Applicant,was present. Curtis stated the applicant is requesting approval of a conditional use permit for the guest house use in order to reconstruct the existing guest house cabin with a different footprint; a conditional use permit to reconstruct the guest house elevated out of the floodplain on helical piers; an average lakeshore setback variance for the guest house location; and a lake setback variance and hardcover variance to permit a northern entry stoop to be placed within the 75-foot setback. The original home and guest cabin on the property was constructed in the mid-1920s. A portion of the lot is below the one percent flood elevation but the existing home has been elevated above the flood elevation. The existing cabin,however, 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 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 ordinary high water level. The cabin will be at a conforming setback of 75 feet. In addition,a guest house conditional use permit is required as one has not been issued and the guest house cabin is being reconstructed in a different, expanded footprint and is in a nonconforming location. In regards to the average setback,the home is situated on a peninsula. The property located at 2165 North Shore Drive across the bay is the adjacent property and determines the average lakeshore setback. The home at 2165 North Shore is located approximately 170 feet from the ordinary high water level. According to City Code,the guest cabin must be located equal to or further back from the lake than the home located at 2165 North Shore Drive. Page 10 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. The proposed cabin meets the 75-foot setback from the lake. The northern stoop access to the cabin is within the setback at 67 feet. An additional 61 square feet of hardcover is proposed within the 75-foot setback. The applicant is attempting to avoid impacting the existing extensive garden features on the property with the new cabin construction. 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 North Shore Drive as it is across the water from the home. Staff finds the practical difficulty requirements are satisfied regarding 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 conditional use permit. Staff finds that the stoop on the north side of the home can be removed as there are three other points of egress. The proposed development suggests hardcover levels beneath the Tier 1 allowance and 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 required as part of the floodplain regulations apply to the conditional use permit for the structure and will be reviewed and applied at the permit stage. Planning Staff recommends approval of the variances and conditional use permits as follows: 1. Approval of the guest house conditional use permit with the standard covenants; 2. Approval of the conditional use permit 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. The Planning Commission had no questions for Staff. Laurel Ulland,Architect, stated she would be happy to answer any questions the Commission may have. Thiesse asked how far the proposed guest house would need to be moved to meet the 75-foot setback. Ulland stated she mistakenly read the ordinances as saying the house could be set at 75 feet without the stoop and that she would prefer not to move the house back. Ulland indicated she is attempting to set the south edge of the new house where the old house was as well as preserve the garden. Ulland stated they can give up the stoop if it is a concern. Thiesse stated unfortunately it will be a concern. Chair Thiesse opened the public hearing at 7:35 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:35 p.m. Thiesse commented the stoop was his main concern. Page 11 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Landgraver stated the rationale for average setback in his view does not apply here. Landgraver moved,Olson seconded,to recommend approval of Application No. 17-3904,Martha Myers Head,2090 Shoreline Drive,granting of a variance and conditional use permit as recommended by Staff,with the understanding the applicant will remove the stoop. VOTE: Ayes 6,Nays 0. 7. #17-3906 JOSHUA/MARKUM BUILDERS,INC.,3472 LYRIC AVENUE,VARIANCES, 7:37 P.M.—7:52 P.M. Mark Olson,Joshua/Markum Builders, was present. Gaffron stated the applicant is requesting lot area and 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, in order to take advantage of that,they would have to comply with a 25 percent hardcover limit. The property is located in a Tier 3 hardcover zone and would qualify for up to 35 percent hardcover if area and width variances are granted. Gaffron displayed a survey depicting the existing house. Gaffron stated the 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 or in combination of two or three lots together. Staff does not believe construction of a single-family residence on a single lot in this neighborhood would be inconsistent with the character of the surrounding neighborhood. The applicant meets the setback requirements. The neighbors to the east have expressed some concern about the location of the house since it will be a couple feet closer to them than the existing house. Other concerns related to drainage, construction impacts,and the character of the neighborhood. The neighbors request that the new home be no closer to their property than the existing residence which is approximately 12 feet from the side lot line. The new home is proposed to be located 10 feet from the property line,just meeting the setback requirements. The neighbors' home is approximately eight feet from the lot line. Staff recommends approval of the requested lot area and lot width variances. The plan has been revised down to 1,503 square feet by reducing the depth of the garage. Staff does not recommend approval of a variance for structural lot coverage despite the fact that it is a minimal overage. The Planning Commission should consider and discuss the issues outlined in Staff's report. If the Planning Commission determines that the practical difficulties test is met for the area and width variance,then a recommendation for approval would be in order, subject to the following conditions: 1. The applicant shall adhere to the 35 percent hardcover and 1,500 square foot structural lot coverage limitations. 2. The 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 Page 12 of 32 • MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. 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. Lemke stated the letter from the neighborhood mentions a couple of trees on the property. Gaffron displayed an aerial photograph of the site and pointed out the location of the trees. Gaffron noted the pine trees in the front will be eliminated since they are located in the middle of the proposed driveway and that there is some fairly heavy vegetation in the back. Thiesse asked whether the City has any control over the trees. Gaffron stated the trees are not protected since they are not within 75 feet of the lake. Builder Mark Olson, 7867 East Wood Road, Mounds View, stated he will attempt to save as many trees as possible. Olson stated as far as the 1,503 square feet,he has been reducing the size of the house throughout this process and that he can possibly try to reduce the size of the fireplace to reduce the structural coverage down to 1,500 square feet. Thiesse commented it would be a lot easier for the Planning Commission if it was reduced to 1,500 square feet. Olson stated it will be reduced to 1,500. Thiesse asked if the roofline drains from front to back. Olson indicated it will and that no water will drain into either of the neighbors' properties. Chair Thiesse opened the public hearing at 7:45 p.m. Cecilia Schulte, 3477 Livingston Avenue, stated she resides in the property located right behind this lot. Schulte stated she currently has an enclosed back yard with a dog, and if they remove the garage,that would take away part of her enclosed back yard. Schulte indicated part of it consists of a wooden fence and part of a chain link fence. Schulte stated if the garage is removed and the fence is removed, she no longer will have an enclosed yard. Schulte stated the garage is right on the property line and that she is not sure whether she has to get a new fence or whether she can receive some assistance. Schulte commented it is a great idea to replace the existing structure but that she is worried about her back fence. Schulte stated she currently is a single homeowner and that she probably cannot come up with the money to put in a new fence. Gaffron asked if there is a retaining wall behind the garage. Schulte stated she and her husband constructed the retaining wall to help with the drainage since their property is lower than the adjacent property. Schulte stated they had the property surveyed when they constructed their garage. Page 13 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Thiesse stated the survey he is looking at depicts the neighbor's garage as being completely on their property and that he would encourage her to talk to the property owners about whether they will be erecting a fence. Landgraver asked if the applicant is considering erecting a fence. Olson stated he has not considered that at this point. Olson stated this is a spec house and that more than likely he will do something back there. Olson stated during construction he can erect a snow fence and talk to the neighbor about what they will be doing back there. Chair Thiesse closed the public hearing at 7:50 p.m. Leskinen stated the only issue she had was the structural coverage and that has now been resolved. Thiesse stated in his view the new house is an asset to the community and that it cannot be built without the variances. Thiesse noted the square footage on the property will also be reduced. Landgraver noted the water issues will also be addressed. Lemke moved,Landgraver seconded,to recommend approval of Application No. 17-3906, Joshua/Markum Builders,Inc.,3472 Lyric Avenue,granting of variances,subject to Staff recommendations. VOTE: Ayes 6,Nays 0. 8. #17-3903 UGORETS 8098 LLC,2520 SHADYWOOD ROAD,CONCEPT PLAN, 7:52 P.M.—8:40 P.M. Tom Goodrum, on behalf of Ugorets 8098, LLC,was present. Barnhart noted this is a sketch plan review request for a 49-unit apartment building located at 2520. This request would require a zone change. The access will be off of Shadywood Road via a shared drive with the Freshwater Business Center. This driveway will line up with the driveway servicing the church across Shadywood. Ultimately the plan is to have the shared driveway line up with the new Shadywood Circle access as part of the Shadywood Villas project and will likely remain as a right-in and right-out driveway. Hennepin County supports the proposed access. The proposal provides for 100 parking spaces, which is more than two parking spaces per unit. Fifty-one of those spaces will be located under the building and 49 surface spaces are proposed. Two parking spaces per unit are required by City Code. Staff expects the hardcover on the site to meet the requirements since the lot lines can be reconfigured to adjust the hardcover. One of the issues for discussion tonight is the height of the structure. The height of the proposed building will be between 31 and 54 feet. At this time elevation drawings have not been provided to accurately analyze the height. The building from the front will appear as a three-story, flat-roofed building plus a penthouse over a portion of the building. From the wetland,the building will appear to be four stories in addition to the penthouse. Barnhart noted in the past the City has stayed away from projects higher than three stories but Orono Woods does have a portion of building that is three stories. Page 14 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. The building is proposed to be 35 feet back from the Shadywood Road right-of-way line and is 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. The mechanical units will need to be shielded from public view. Currently 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. In addition,the site is wooded and the grading for the building,parking lot, and stormwater management will require the removal of most of the trees outside of the wetland. The project will be served by municipal water and sanitary sewer. Barnhart stated while this is not a public hearing, Staff has received one public comment expressing a concern regarding the number of units being proposed. 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. In addition,the proposed density does allow the City to offset lower density in other areas. Barnhart noted the proposed project is slightly higher than 15 units per acre. Thiesse asked where West Lafayette Road is located. Barnhart indicated it is south of this property off of Shadywood. Thiesse noted that is where the public comment was received from and that the person's property is outside of the 350-foot zone. Barnhart stated one of the concerns expressed by that person related to traffic in addition to the density. Since it is likely some type of development will happen on the site,the question is whether what is being proposed is appropriate for the site. Barnhart stated currently there is quite a bit of traffic on Shadywood, with residential generating a substantial amount of that traffic,but that the overall traffic situation hamstrings redevelopment of the site. Lemke stated he has a concern that no one from the public is here. Barnhart noted this is a sketch plan review and that a formal public hearing has not been noticed. Barnhart indicated this is basically an opportunity for the applicant to hear from the Planning Commission and City Council on what they envision for the site. Thiesse stated one of his concerns is the three stories and a penthouse,especially since it will be five stories from the back. Olson asked how many units would be in the building if the density is reduced down to 15 units per acre. Barnhart noted the applicant is proposing 15.75 units. Barnhart stated the Comprehensive Plan lists a range of appropriate densities and that it is up to the City to determine what they would like to see on this site. Page 15 of 32 MINUTES OF THE • ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Olson asked if a traffic study would be able to determine the traffic levels between different uses. Barnhart indicated that can be done,and given the higher density, a traffic study would be very appropriate. Lemke asked whether this proposal has been discussed with Hennepin County. Barnhart stated Hennepin County is comfortable with the proposed access. Barnhart illustrated the location of the shared driveway and the surrounding access points. Schoenzeit stated in his view it would be important to hear from the Fire Chief to see whether they would be able to fight a fire at this location given the height of the building. Schoenzeit stated the City is in need of higher density and that the City should not shy away from the higher density, especially since this is an area the City is hoping to redevelop to help bring in additional customers for the existing businesses. Thiesse commented in his view this is a perfect spot for this type of building but that it might be difficult to get approval for a five-story building and 15 units per acre. Landgraver asked if there are any trails planned for this area. Barnhart stated the developer is not proposing any trails but that there is an easement along Shadywood to hopefully someday provide a connection to the trail further up the road. Thiesse asked if any park land will be dedicated or could be required. Barnhart stated generally a residential development will trigger that requirement and that it will need to be reviewed. Leskinen asked if the soils have been tested to see whether underground parking is doable on the site given the wetlands in the area. Barnhart indicated that will be part of the due diligence the developer will do,but at this stage of review it is not required. Schoenzeit stated if the water table permits it,the first floor could be pushed further into the ground to help alleviate some of the concerns with the height of the structure. Tom Goodrum, Senior Planner with Westwood Engineering, stated he is representing Alex Ugorets tonight who is currently out of state. Goodrum indicated he has worked with Alex Ugorets on a number of projects throughout the years and that Alex would like to let the Planning Commission know that he is excited about being part of the redevelopment of the Navarre area. One of the reasons Alex Ugorets purchased the Freshwater building is because he wants to be part of what is happening in the Navarre area. Goodrum noted Mr.Ugorets also purchased the land next to the Freshwater building as well another nine acres for a total of 12 acres,which gives him quite a bit of land to move things around to make things work. Goodrum stated if the 9-acre parcel is added to this parcel,they would be down to 4.75 units per acre. Goodrum indicated they could work with the density somewhat but that it comes down to whether this is Page 16 of 32 • MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. a good fit for the site. Goodrum stated they are interested in hearing what the Planning Commission thinks about the proposed project. Goodrum stated they looked at the character of the neighborhood when designing the building and that they knew traffic, density,and the height of the building would be concerns. Goodrum noted they do have a traffic engineering component to their company and that they have already met with representatives from Hennepin County. A formal traffic study has not been completed at this point but an internal memorandum regarding the traffic has been completed within the company. Goodrum stated if these are market rate, full family units, it is anticipated there will be 23 AMP trips on the county road,which is less than three percent of the total traffic in the area. Goodrum stated they are well within acceptable parameters for traffic in the area. Goodrum stated they are also looking at a higher market-end rate building and that they expect more seniors and more retired people to live in the building, which will help reduce traffic even further. As far as fitting this building in with the neighborhood,the plan as presented proposes very minimal grading impacts to the site and works with the actual grade on the site. Goodrum stated the building in the front would be 30 feet in height,with three stories in the front. Goodrum stated they are basically following the grade as it goes down. Goodrum stated what is being seen from the back side are the three stories and the penthouse,which matches the front, and the added height is the garage level. Thiesse noted the people in the back will see five stories. Goodrum concurred it will be a taller building but that they are working with the topography instead of bringing fill in. Goodrum indicated they can bring a bunch of dirt in to cover the bottom level, which does not make a lot of sense, since it can be screened with landscaping. Goodrum stated they are also looking at how this building will compare with the neighboring Freshwater building. This building will have 31 feet at the front when facing Shadywood Road and the penthouses are toward the back on the north side,which raises it to approximately 40 feet. The 54 feet is from the back side from the bottom of the garage to the top of the penthouse. Goodrum pointed out the Freshwater building on the adjoining site has the same heights. Goodrum stated they took the height of the Freshwater building at its highest point,matched it on this building, and then dropped it off to 30 feet in the front,which is the same as the Freshwater building. Goodrum indicated they tried to match what already exists on the Freshwater site and that they are not putting a tall building next to a short building. Goodrum noted there is another 400 feet before the first residential house with 40-foot tall trees in between. Goodrum stated they also attempted to locate the building where it would not have a huge visual impact to the residential properties in the back. The building is tilted and located further back off of Shadywood, with only one corner being up against the 35-foot setback. The rest of the building will be further back. Goodrum stated for someone coming down Shadywood,there will not be that tunnel effect since that building will be 100 feet back from the road. The plan also incorporates berms and landscaping to help break the appearance of the building up. Goodrum noted no headlights will be seen from the residents' homes and that the building is tucked into the site. Goodrum stated they took the neighbors into consideration when designing the building. Page 17 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Goodrum stated in their view they have put together a well thought out plan and that they also looked at the zoning for the properties across the street to make sure this development would fit in. One of the objectives with the plan is to help bring people down to the Navarre area. Reconstruction of the Freshwater building has resulted in a number of positive comments and activity. Goodrum noted they require the 50 units to make this project economically feasible and that it fits in well with the neighborhood. Goodrum noted they also met with representatives from the Watershed District and that they are happy with the fact that they can meet the wetland buffers and setbacks. Goodrum stated the building height is a little scary when you hear five stories,but that if you walk through the plan and look at the various elements,that fear is alleviated. Schoenzeit asked if the building would be precast concrete with 8-foot ceilings. Goodrum indicated the architects have not decided on that yet and that this is a concept plan at this time. Schoenzeit stated if wood is used for the framing,the building would be even higher. Thiesse asked about the ordinary high water level. Goodrum stated they have not done any soil borings for this site at the present time but that soil borings were done on the Freshwater site and they did not hit groundwater at 14 feet. Goodrum indicated they also took a look at the wetland delineation that was done in the past. Goodrum stated they are confident they will not be getting water underneath the building but that borings have not been done at this site yet. Thiesse asked if they are considering spread footings for the building and not pile footings. Goodrum indicated they would be spread footings. Thiesse asked about access for fire trucks. Goodrum noted they have a shared driveway in the lower area where the garage will be located and that they will have to take a look at the fire codes to see whether access is needed all the way around the building. Barnhart stated from past experience he would expect the fire chief to require a hard surface so they can be within 150 feet of any portion of the building. Barnhart stated that might require the driveway to be extended somewhat. Lemke asked if there is a number on the units that would be a deal breaker. Goodrum indicated they would need between 45 and 55 units to make things work and that they started with a 50-unit building. Goodrum stated he realizes the density is at 15.75 but that they could add some land to this parcel if necessary. Landgraver asked how many units the penthouses are. Goodrum indicated they would be between two and four depending on how big the units are. Page 18 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Landgraver asked if the penthouses will be rented out at a higher rate than the other floors. Landgraver stated he is not sure if there is a Plan B of what it would look like without the penthouse suites but that it might be something to consider if there is a lot of resistance to the height. Landgraver stated he likes the rationale that the Freshwater building is 54 feet in height. Goodrum stated the penthouse part is being proposed due to market demand and that they also help out with the economics of the building. Thiesse asked if any variances would be required as currently proposed. Barnhart stated it depends on the zoning and that a PUD would likely lessen the number of variances that would be required. Barnhart stated he would recommend going that route but that this review helps provide direction to the applicant to make it approvable. Lemke asked if there would be a demand for this many units. Goodrum stated they have not done a formal market analysis,but from what they are hearing there is a demand for housing in this area. Schoenzeit asked what type of rent they are looking at and square footage of the units. Goodrum indicated he does not have that information. Leskinen asked if they are anticipating older clientele. Goodrum commented it would be higher market rate but that it has not been determined what age group to market to at this time. Goodrum stated they are hearing more from older people who would like to remain in the area and that there appears to be a demand for both ownership and rental. Thiesse stated the City has heard there is a demand for smaller units. Landgraver commented empty nesters like to stay in the area. Gaffron noted there are two other buildings in Orono of this magnitude. One is the senior housing located at Brown and Wayzata Boulevard. From an architectural standpoint,the Council was very adamant that those buildings have pitched roofs rather than a flat roof. Thiesse noted the Freshwater building next door has a flat roof as well as a number of other buildings in Navarre. Lemke stated he likes the idea of a continuous project on these parcels. Lemke noted there already is some massing in the area with the Freshwater building and that this project continues that massing,which he is not opposed to. Lemke stated he also likes the contemporary design and that in his view the building helps to upgrade the Navarre/Orono area. Lemke stated the traffic in the area concerns him but that it sounds like that will be addressed. Lemke stated in his view this project will help revitalize the Navarre area. Page 19 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Lemke stated the main concern he has is the nearby residential neighborhood. Lemke noted the City has run into a number of public hearings with the neighbors and that there are a number of single-family homes in this area and now all of a sudden they are proposing throwing in a major development. Lemke suggested the developer hold some neighborhood meetings to get them on board with what is being proposed for the site. Goodrum stated Staff has made them aware of that and that they are ready to send a letter out to the neighborhood in the near future. Goodrum stated they wanted to hear from the Planning Commission first. Thiesse stated the people across the road will have different concerns and that they might want to split them into a different group. Landgraver commented planting some evergreen trees might also be beneficial to the residential properties. Goodrum stated it comes down to approximately four homes that will have the biggest impact and that they will do their best to appease them. Lemke noted very little vegetation is being shown around the building and that from a visual standpoint, some vegetation would help soften the building a little. Goodrum indicated they will create some 3D illustrations but that the trees are pretty dense near the property line and wetland area. As a result,there is a pretty good buffer but that he likes the idea of planting more evergreens. Landgraver stated he does not mind the density being slightly over target and that aligning the entry and exit is good so they are further away from the intersection. Landgraver stated he does have a concern about the height from the back but that he likes how the building is angled off the street. Goodrum stated the third property to the south will be most impacted. Leskinen asked if those properties are lower in elevation than this building. Thiesse indicated the land starts to go back up at that point. Barnhart suggested they create a graphic depicting the elevation of the building as well as the trees and berms. Olson stated he agrees with being consistent on the flat roofs. Olson stated if there is a way to warm up the building somehow,that would be good, and that he would like to soften up the appearance of the building somehow. Olson stated it would be hard to change the roofline given the other office buildings in the area since it would not be consistent. Lemke stated in one of the renderings it almost looks like a green roof, and that if it is not going to be a green roof, it might be a little misleading. Page 20 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Goodrum stated they are entertaining that but that it comes down to pricing. Goodrum stated the flat roof adds a nice feature to the penthouses and for water treatment. Thiesse stated he likes the sketch plan a lot but that he would caution the applicant that the next time they meet there will likely be a full house. Thiesse suggested the applicant also meet with the Navarre business owners in the area as well. The Planning Commission took no formal action on this item. 9. #17-3894 CITY OF ORONO,TEXT AMENDMENT: RETAINING WALLS AND GRADING,8:40-9:07 P.M. Barnhart stated at the direction of the City Council, Staff has drafted an ordinance to address land alterations and retaining walls within the side yard setback. In 2015, the City Council and Planning Commission reviewed an ordinance amendment that regulated retaining walls as well as other things such as grading in residential districts. The type of permit required was dependent on the height, amount of soils being retained,and the location. As a result,the City Council felt that unnecessarily encumbered small residential lots and have directed Staff to alter that regulation. Barnhart stated the City has two options. Exhibit A basically regulates retaining walls and planters,and as long as they are less than two feet in height,those would be allowed to be located in the front yard or side yard area. The draft ordinance contained in Exhibit A removes a portion of the language which talks about the distance from the side lot setback line. The primary purpose with this option is to make it easy for people to have retaining walls,planters, or other low features in the side yard. In application, a planter bed with stones around it would technically be considered a structure and would be required to be set back. Barnhart stated Staff does not drive around looking for those type of landscaping features and it is likely those are occurring,but the current regulations actually prohibits them. Exhibit A would remove them to be within the required yard setbacks. The second option looks at this item more comprehensively and fixes the issue raised by the City Council in terms of the small retaining walls but also pulls out the grading requirements contained in the original ordinance. In addition, grading requirements were contained in the non-encroachment section of the code. Barnhart stated non-encroachments are those improvements listed that are allowed to extend into a setback without the need for a variance and are usually building related. Barnhart stated from a comprehensive standpoint, it does not make sense to have grading regulations in the non-encroachment section. Staff recommends Exhibit B. Barnhart stated one of his goals is to make it easier for the residents to understand the regulations. Barnhart noted the back page of Exhibit B talks about unusual land alterations, which are defined as excavations for foundations in excess of 12 feet, if excess material is stored on site, if there is more than 500 cubic yards of fill imported, or if you grade within five feet of adjacent residential lots. Barnhart Page 21 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. stated those three things require a conditional use permit and that Staff is now proposing they will just require a permit. Barnhart stated this ordinance is still going through the review process but Staff is comfortable enough to recommend approval of Exhibit B subject to some minor tweaks from the City Attorney. Thiesse asked if he can put in a cut retaining wall within five feet of the lot line if any grading is done. Barnhart stated the person would need to get a permit for the grading. Thiesse stated one of his big concerns is someone cutting the roots on a tree located on the adjoining property line because they want to put in a retaining wall. Barnhart stated the City does not protect the trees and that they can be cut down. Thiesse asked what would happen if it was the neighbor's tree. Barnhart stated the permit would require that a grading plan be submitted. Thiesse stated if he cuts or erects a wall on his property and then the neighbor does the same thing, there will be two walls parallel to each other. Barnhart stated the City cannot give someone permission to go on someone else's property regardless of any permit that is obtained. Barnhart stated if the retaining wall is located right on the property line, in theory someone would have to get the permission of the neighbor to construct it since it is likely they would go on that person's property. Barnhart stated this ordinance is similar to the fencing ordinance. Barnhart stated fences have certain height requirements depending on where it is located on the lot and two people adjoining each other could put a fence right next to each other on the property line. Barnhart noted that does not happen very frequently. Thiesse stated fences and trees are more temporary where retaining walls tend to be more permanent. In addition,retaining walls can impact neighbors more since they typically require land alterations. Planters would be similar to fences and shrubbery. Thiesse stated he would like a little more thought put into this. Schoenzeit asked where the 2-foot limit comes from on the retaining walls. Schoenzeit commented the two feet seems to be somewhat arbitrary,which is similar to the 3'/11"number on retaining walls. Schoenzeit stated the 3'/11"might be a more appropriate number. Barnhart stated the two feet is just a carryover from the ordinance drafted in 2015. Thiesse stated in his view it should be reduced to 3'/6"because otherwise a railing is required. Schoenzeit stated the two feet seems arbitrary and low. Barnhart stated the number can be changed. Page 22 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Schoenzeit stated if walls at four feet require engineering, it seems that a retaining wall under this ordinance could go up to that height. Schoenzeit noted this code does not say a taller wall is prohibited but that a permit would be required for it. Schoenzeit stated previously no retaining walls were allowed within the 5-foot setback. Lemke asked if a permit could be denied. Barnhart stated Staff would look at grading as well as location of any easements before issuing a permit. Shrubbery and minor improvements such as planters within the easement would probably be acceptable but a retaining wall would require a little more review. In the case of a retaining wall, Staff would also look at the visibility of the wall but the decision will primarily be based on grading issues. Thiesse commented if the City is not going to allow it in an easement, why allow it anywhere else. Barnhart stated an easement gives a right to another entity, such as a utility company,and that the City does not let people build structures in an easement since the City has a duty to protect that area. Since the easement benefits the neighbors,most cities do not allow construction within an easement. Barnhart stated fences can be removed fairly easily but retaining walls are not that easy to move. Barnhart stated to say whether all permits would be approved is hard to say but those are the things that Staff would be looking at. Barnhart stated the height of the wall to be allowed is completely up to the Planning Commission and City Council. Chair Thiesse opened the public hearing at 8:55 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:55 p.m. Schoenzeit stated the question of the retaining wall being cut or flat also seems arbitrary. Schoenzeit stated it comes back to the fence. Schoenzeit stated someone can put a fence in that setback without a permit and the City does not require a survey. If the fence is over the line,the person could be stuck with it. Schoenzeit stated the retaining wall, which is at a height of 2 feet or 3'/11"or 3'/6", or cut into the soil, is the same use of that piece of property,whether it is going positive or negative off of the person's land. Thiesse noted if someone changes the grade, a permit is required. Thiesse stated if the grade is altered in any direction, a permit is required,but a permit is not required for the actual wall. Barnhart stated the City does not differentiate between a retaining wall that is cut or filled. Schoenzeit stated if the retaining wall is a row of keystone blocks simply set on the ground,the City would have no control over it. Thiesse stated if it is a planter or a bench and the grade is not changed, a permit is not required. Thiesse stated a permit would only be required if the grade is changed. Page 23 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Barnhart stated Exhibit B states in Section 5.1B, retaining walls and planters exceeding two feet in height above existing grade,which are located than five feet from the side property line, shall require a land alteration permit. Barnhart noted Commissioner Schoenzeit's comments went to what would happen if someone stacks keystone blocks that are not retaining any dirt and whether that is different from a fence. Barnhart stated Staff perhaps needs to tweak that language a bit,but the main issue is if a retaining wall is retaining dirt or causing land disturbance. Barnhart stated if the wall includes land alteration, it will require a permit. Barnhart stated if someone just has a row of keystone blocks set on the ground to form a boundary around a planter bed, it may impact the drainage and would be an issue that will need to be addressed. Barnhart stated the language may need to be tweaked a little,but it might be as simple as, if the wall exceeds two feet in height, is less than five feet from property and includes land alteration, it shall require a land alteration permit. Schoenzeit stated if it does not change the land characteristics or change the water drainage, there would be no trigger for a permit and that the language should somehow trigger a review. Barnhart stated he will probably use land alteration and will work with the language a little. Lemke indicated he prefers Exhibit B. Landgraver asked what is being accomplished in Section 3, Part B. Barnhart stated the language basically states unusual riprap shall be referred by the City Engineer to the City Council for action in accordance with the chapter. If the City Engineer determines it is unusual, it would be considered under the conditional use permit section and would go to the City Council for action in accordance with this ordinance. Barnhart stated there are several sections in the Code where the City Engineer,Zoning Administrator, or City Administrator may refer things to the City Council. Landgraver commented the ordinance is shifting more judgments or decision making to Staff. Schoenzeit asked if riprap would require a Watershed permit if it is on the lakeside of the home and above the 929.4' elevation. Schoenzeit stated when he placed riprap on his property,the City was not involved and he had to obtain a permit through the Watershed District. Barnhart stated if it is above the 929.4' elevation, the City would then be involved. Landgraver indicated he agrees with Exhibit B more than A. Barnhart stated Staff is looking for direction on which one to send to the City Council. Leskinen moved,Olson seconded,to recommend approval of Application No. 17-3894,City of Orono,Text Amendment: Retaining Walls and Grading,Exhibit B,incorporating Commissioner Schoenzeit's comment regarding land alteration language in the appropriate sections. VOTE: Ayes 6,Nays 0. 10. #17-3896 CITY OF ORONO, TEXT AMENDMENT: STRUCTURAL COVERAGE, 9:07 P.M.—9:44 P.M. Page 24 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Barnhart stated similar to the last application, Staff has prepared two separate draft ordinances regarding structural coverage. The City Council directed Staff to review the structural coverage limit. The Council felt that the structural coverage limit might be burdensome to homeowners since there is also a hardcover limitation. Barnhart stated the challenge that Staff has is there seems to be a strong concern or desire from the public to protect the massing issue. Barnhart stated structural coverage basically addresses a massing issue. Barnhart stated the Council has indicated a desire to reduce regulatory burdens on small lots. In many areas of the community,where there is a structural component, there is also a hardcover component. Barnhart stated under the stormwater quality ordinance,there are some opportunities to simply rely on the hardcover limitations to address the massing goals. In response to the City Council direction, Staff has drafted two ordinances. Exhibit A does what the Council would like to accomplish,which removes references to lot coverage and massing standards. The section regulating massing has been removed and there is no language regarding calculation of massing and also no maximum or minimum structural coverage depending on the lot side. Exhibit A also modifies Section 78-1685 where it talks about calculations of massing in the nonindustrial zoning districts. Barnhart noted the massing standards in the industrial zoning district will stay. To address some limitation of hardcover throughout the community, in Section 78-17 on Page 2 the City is broken into six districts. The first five districts provide a hardcover limitation ranging from 25 percent to 85 percent. In addition,there is a portion of the community that is exempt from the hardcover limitations. Barnhart stated the draft ordinance prescribes a hardcover limitation in those areas that are exempt in the stormwater quality map to 75 percent of the gross lot area. All references to structural coverage have been removed and the hardcover is based on the gross lot area. Barnhart stated the draft ordinance also addresses the goal of removing redundant regulation. Thiesse asked Staff to describe a lot that does not have a hardcover limitation. Barnhart indicated they are primarily located in the center one-third of the City and over 1,000 feet away from a lake or tributary. Barnhart stated the main concern of the Council was that the 15 percent limitation is onerous on the citizens, create unnecessary ordinances, and does not allow the freedom of folks to reinvest in their property. Exhibit B raises the limit from 15 percent to 20 percent. For lots less than 10,000 square feet, it raises the structural coverage limit from 1,500 square feet to 2,000 square feet. Barnhart noted Staff had recommended that originally some years ago. Exhibit B also modifies the calculation of massing to basically include just roofed structures if they are over six feet. If it is a roofed area, such as a doghouse,that is below six feet,that would not be counted. In addition, some modifications have been made to the nonindustrial zoning districts to be consistent with what was discussed with Exhibit A. Staff supports Exhibit B since it reaches the City Council's goal and maintains some limits on massing. Barnhart noted last year the City reviewed four structural variances and each one of those applications would be helped by this draft ordinance since none of them exceeded the 20 percent. Page 25 of 32 MINUTES OF THE • ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Landgraver stated even if the limit is moved to 20 percent,there will always be people pushing the limit. Barnhart stated he does not deny that people will always try to push the limit. The other side of the coin is if there is no line,there would be no limitations. Barnhart stated the concern from a Staff level is the impact on residential neighborhoods but yet still trying to accommodate what people are attempting to do. Lemke asked what the outcome was on those four variance requests. Barnhart stated to his belief all four of those variances were approved. Thiesse stated it is very likely that the other applications that were over 15 percent were directed by Staff to reduce it. Thiesse noted the 15 percent has been a benchmark for a long time. Thiesse stated if the limit is increased,the City will not have as many variance requests. Schoenzeit stated the other regulations need to be enforced more strictly so someone does not use this extra structural coverage to encroach into the setbacks. Thiesse stated the City can control it by not granting other variances. Landgraver asked how many lots would be affected by this. Barnhart stated the lots that would benefit the most would be those that consist of less than one acre. Barnhart indicated there are quite a number of those lots that are close to the lake or in the southern third of the community. Landgraver noted they are talking about a 33 percent increase in massing or a 36 percent increase in massing. Landgraver stated the City has had neighbors that have expressed concerns about how big the house will be next to them and that he does not know how this ordinance benefits those lots. Barnhart stated Staff is looking for some direction from the Planning Commission. Landgraver stated in his view the City has a process already in place and that the 15 percent has been a benchmark for years. Landgraver commented this is almost like a solution in search of a problem and that the current process seems to work, even on the four applications that the City had last year. Landgraver stated he has a problem with bumping it up to 33 percent or 36 percent. Thiesse stated he is in agreement with Commissioner Landgraver and that asking for a variance should not be an easy process. Thiesse commented people like to live in Orono and that it is easy to tell when you drive around the lake which community you are in. Thiesse stated just because someone wants a big house on a small lot on the lake does not mean it needs to be an easy process. Schoenzeit noted the City also had a similar discussion with the hardcover and that the City is seeing fewer hardcover variances as a result of the changes. Gaffron stated the City is seeing somewhat fewer requests. In the past the City would typically see a variance on a small lot for 45 percent and now the City is seeing 25 to 30 hardcover requests. Gaffron Page 26 of 32 • MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21, 2017 6:30 o'clock p.m. stated in his view there was benefit to the lakeshore property owners being able to do something without a variance but that Staff would have to research it more to quantify it. Schoenzeit stated the other part that is not being discussed in either Option A or B is whether they should eliminate the deck from the structural calculation. Schoenzeit stated at 20 percent,the needle will be moved quite a bit. Barnhart stated modifying the structural coverage regulation gives the City the opportunity to hold firm on other regulations, such as setbacks and hardcover issues. Barnhart stated the City does not need to grant variances to setbacks provided the setbacks are the correct ones for that lot. Barnhart stated out of the 41 variances granted last year, 19 dealt with lot area and width and 19 dealt with setbacks,which tells him that the setbacks might not be appropriate. Barnhart stated the process perhaps should not be easy, but more than half of the people should not have to go through the variance process to make reinvestments in their home,which is what the Council is looking at. Thiesse stated to his knowledge most of the variances occur on the lakeshore lots and that a lot of the variances are where people are attempting to maximize their lot. Barnhart stated the variances that typically are not approved are expansions into the 75-foot setback or hardcover in excess of the limits. Thiesse stated his fear is that the City is jumping pretty quickly into this and that he wants the City to have something in place that will work. Thiesse stated he would like to ensure that this has worked ten years from now. Lemke commented it would be nice if the City could come up with some numbers and stick with them. Landgraver stated it is not just about the applicant but the community at large that has concerns about the size of the house. Landgraver stated he does not want to foolishly open the gates to allowing a third larger house and that there needs to be a balance throughout the community. Thiesse pointed out there is a fine line of increasing the value of the property by increasing the size of the house. Schoenzeit noted the direction from the Council was incorporated into Option A and that this is an opportunity for the Planning Commission to make a suggestion that there is something in between Option A and where the City is currently. Schoenzeit stated the Council should be told that the Planning Commission has thought about it and has urged some caution. Schoenzeit stated if this ordinance adjustment does not have the desired effect of fewer variances,the City needs to understand why that is. Schoenzeit noted the Planning Commission does not get to decide what the final number is but they can make recommendations. Schoenzeit stated eliminating the decks from the calculation might cover it rather than completely getting rid of the 15 percent limit. Landgraver noted the City will also be doing a Comprehensive Plan review and that something of this magnitude might be best considered as part of that overall discussion. Schoenzeit stated removing the decks from the calculation could be a start. Page 27 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Thiesse stated the smaller lots believe they are being affected the most and another 120 feet of structure is quite a lot for that size of lot. Lemke asked if there is anything wrong with what the City has now. Thiesse stated the nice thing with the 15 percent is that the City has held pretty tightly to that and that the reason the City only saw four applications was because they were directed to reduce it. Thiesse stated very seldom does the City allow it to go beyond that. Thiesse indicated he can live with removing the deck from the calculation and leaving it at 15 percent but that in his view 20 percent is a lot. Thiesse stated if the deck is also removed from the structural coverage calculation, it could amount to a 40 percent increase on some lots. Barnhart stated the Planning Commission can choose to deny or make modifications to either of them. Thiesse asked what would happen under Option A if someone has a property with 35 percent hardcover and wants to reduce it down to 30 percent. Barnhart indicated those would be handled the same. Thiesse stated it could become a situation where the majority of it becomes structure. Barnhart stated if the hardcover limit is 35, someone could construct a house at 33 percent without a driveway and then say they require a driveway and need to go over the 35 percent. Barnhart stated someone will always try to push that envelope. Barnhart noted under Option B the structural coverage limit would be eliminated and people would only need to comply with the hardcover limit. Landgraver stated as it relates to Exhibit B, he would propose the Planning Commission not agree to the 20 percent but keep it at 15,not agree to the 2,000 square feet, agree to the highest point of the roof if more than six feet,and then accept the changes on the last page,which incorporates Commissioner Schoenzeit's comment of allowing decks but keeps it at 15 percent. Thiesse indicated he would like to keep the 1,500 square feet and allow decks to be excluded independent of its height off the ground. Gaffron stated one of the four applications last year was purely because a portion of the deck railing was above six feet and that those changes would eliminate only one variance request. Lemke asked if there would be a limit on the size of the deck. Thiesse stated they would still need to meet hardcover limits. Lemke stated the impact from a deck could be as much as a driveway. Schoenzeit stated someone could have 400 square feet of patio with a 400 square foot deck over it. Schoenzeit noted someone is allowed 100 square feet of deck. Gaffron stated the deck would need to meet the standard of quarter spacing in order to get the 100 foot credit. Page 28 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Thiesse noted the ordinance alters the massing standards in the nonindustrial zone as well. Barnhart stated it is currently in two locations in the regulations and that this would eliminate the redundancy. Schoenzeit stated in his view the Council is going to no structural limit and that the Planning Commission should encourage some level of structural coverage. Thiesse stated to his understanding the Planning Commission is considering Exhibit B. Barnhart stated what he has heard from the Planning Commission as it relates to Option B is that the limit should remain at 15 percent,remain at 1,500 square feet, retain the language pertaining to the roof,and eliminating decks,tennis courts, etc., from the calculation. Thiesse asked what a nonindustrial zone district is. Barnhart indicated it would be residential lots. Gaffron stated the City only has 40 acres of industrial. Thiesse asked what Section 78-1403, lot coverage and massing standards, is regulating. Barnhart stated the regulation is found in the code twice, which is why it is reflected here. Barnhart indicated there likely will be some additional modifications to the ordinance as it goes through the process. Thiesse stated he is not looking at this as the final ordinance but that he does not have enough information to tell him that this is the right direction to go. Barnhart noted this will likely be the only time the Planning Commission reviews the draft ordinance unless the City Council sends it back to the Planning Commission. Thiesse stated he is going to have to stick with what the Planning Commission is leaning towards since he does not have enough information. Landgraver stated the Planning Commission has been attempting to enforce the rules and that the current process appears to be working. Landgraver stated he cannot support bumping up the structural coverage 33 or 36 percent or eliminating it completely. Chair Thiesse opened the public hearing at 9:43 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 9:43 p.m. Page 29 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. Landgraver moved, Schoenzeit seconded,to recommend approval of Application No. 17-3896,City of Orono,Text Amendment: Structural Coverage,with the changes that were discussed by the Planning Commission. VOTE: Ayes 6,Nays 0. 11. #17-3897 CITY OF ORONO,TEXT AMENDMENT: SPECIAL EVENTS,9:44 P.M.— 9:58 P.M. Barnhart stated special event issue was the highest priority item identified by the Planning Commission and City Council last fall. The City is attempting to develop an ordinance that balances flexibility with residents using their property in a more intense manner occasionally versus those that do it more frequently to the detriment of the neighborhood. The City would also like to avoid people needing to get a permit or obtain permission to hold a special birthday party or other similar event. Staff has attempted to draft an ordinance that would accomplish those goals. As part of the ordinance, definitions of private event and special event have been modified from what existed previously, Staff tried to establish a process for how frequently private or special events would be allowed in the community, and an avenue has been created to allow someone to obtain a permit in the event one is needed. Exceptions include funeral processions, a government agency acting within the scope of its functions, and an occasional party that does not require special service from a city department. Barnhart noted the following language was added to the exceptions: "A property hosting four or more private events per calendar year shall obtain a permit as required in Section 66-221." Under this language, a residential property may hold three private events per calendar year without the need for a permit. The fourth event would require a permit. Special event regulations are intended to allow flexibility for certain events that are important to community health while managing the impact they may have on the neighborhood. The regulations generally associated with special and private event impacts include traffic, noise,and parking. From October, 2015,to December, 2016,the City issued 89 special event permits covering races, home tours, and live music. Barnhart stated the City had quite a bit of special event permits issued throughout the year,with those permits typically being reviewed by the police chief and city clerk prior to approval. Barnhart stated it was Staff's intent to allow those to continue but that one of the objectives was to place a limit on the number of private events due to the impact on the residential neighborhoods. Barnhart stated the Planning Commission should be aware that there is an important distinction between private event and special event. A special event is typically open to the public and a private event is the use of someone's private home. Lemke asked why funeral processions are exempt. Barnhart stated they often use public streets,require police escorts, and generally are not planned that far in advance to obtain City Council approval. Landgraver stated he appreciates the effort of Staff to look at these text amendments and that this ordinance will provide more tools for enforcement. Landgraver stated the City cannot anticipate every situation but that in his view this is close to the target. Page 30 of 32 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21, 2017 6:30 o'clock p.m. Schoenzeit asked what the permit approval process is. Barnhart indicated there is a review process outlined in Section 66-223, which describes what is required on the application,and Section 66-225 talks about how the City can deny a permit. Schoenzeit asked if there is some delay in getting a permit. Barnhart indicated the permits are approved by the City Council. Barnhart noted permits will automatically be denied if the request is not received 14 days prior to the event being held. Barnhart indicated that is because there must be notice provided to residents within 350 feet at least ten days prior to the special event. Barnhart noted that would not apply to private events. Under the draft ordinance,residents would be allowed to hold three private events with the fourth one requiring a permit. Schoenzeit asked if Item No. 3 in 66-225 applies to all city ordinances or just zoning. Barnhart indicated it would just be zoning. Schoenzeit asked if that will be changed with this ordinance. Barnhart stated that is not proposed to be changed. Thiesse commented that seems odd and that technically it would be all ordinances. Barnhart stated some events are held in the event and have live music. Those events in theory would violate city ordinances and would need special City permission. In addition, launching fireworks is against city ordinance unless a permit is obtained. Schoenzeit asked if there is any provision in the event a request for a special event permit has been previously denied that would force it to go to the City Council. Schoenzeit stated Staff cannot approve a special event permit and it must go before the City Council. Schoenzeit asked if there would be a public hearing in connection with that permit. Barnhart stated typically there are not public hearings on special event permits but that notice is provided to the residents located within 350 feet of the event. Chair Thiesse opened the public hearing at 9:56 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 9:56 p.m. Lemke moved,Leskinen seconded,to recommend approval of Application No. 17-3897, City of Orono,Text Amendment: Special Events. VOTE: Ayes 6,Nays 0. Page 31 of 32 • MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 21,2017 6:30 o'clock p.m. 12. UPDATE ON CITY COUNCIL MEETINGS HELD ON JANUARY 23, 2017,AND FEBRUARY 13,2017 Barnhart reported on the following actions of the City Council: • The Hennepin County application was approved; • The 2902 Shadywood application was approved; • The Good Shepherd Church application was approved; • The Timothy White application at 2170 Prospect Avenue was approved; • The Steve and Stacia Andersen application was denied by the Council 4-1; • The sex offender ordinance was approved; • The house numbering and location ordinance was approved; • The request to develop a banquet facility at 2500 Shadywood was withdrawn by the applicant. 13. OTHER ISSUES FOR DISCUSSION Barnhart stated there likely will be a work session the first Wednesday in March. Thiesse commented it would be nice if the Planning Commission could review text amendments twice in a work session prior to it appearing on the agenda. Barnhart stated the challenge is that the Council has given Staff direction to address these issues and that the Council would like to keep things moving. ADJOURNMENT Landgraver moved,Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 10:00 p.m. VOTE: Ayes 6,Nays 0. John Thiesse, Chair Page 32 of 32 Item lb February 1, 2017 PC workshop minutes Commissioners: Bruce Lemke,John Thiesse,Jon Schwingler, Loren Schoenzeit,Chad Olson,and Denise Leskinen. Commissioner alternates:Jan Berg Staff:Jeremy Barnhart, Michael Gaffron, Melanie Curtis The meeting was called to order at 5:00. Barnhart reviewed the process of ordinance amendments. Retaining walls in setbacks. Barnhart noted in February, 2015,the Council passed an ordinance regulating retaining walls in required yards, including permitting. The height of the wall and the amount of earth being retained dictates the type of permit. There has been some discussion in the past that additional accessory improvements, i.e. planter boxes, be allowed to be within 5'of the property line. Staff and the commission discussed risk with placement of improvements within an easement. Barnhart discussed generally an ordinance that allows certain improvements within 5 feet of a property line. Barnhart also noted that the ordinance also regulates grading in some manner, and staffs goal is to consolidate regulations locally within the ordinance. Structural Coverage. Barnhart outlined the structural coverage drafts. The direction from the Council is to remove the structural coverage requirement. The draft ordinance remove it completely. An alternative was developed to address goals with regulation of mass, but also to ease the burden on homeowners by raising the limit to 20%,and to adjust what is counted as structural coverage. Commissioners questioned the 20% limit. Barnhart noted that was staff's recommendation originally, and reminded the commission that the direction is to eliminate it all together. The Commission discussed options, and reasons for the massing regulations. Special Events. Barnhart reviewed the special event draft ordinance,which included adjustments to the definition of private event and special events, both of which still require review. Barnhart noted the draft would allow three private events per calendar year and a permit thereafter. There was discussion regarding when the year started and how did this work with home occupations. The commission recognized the challenge balancing intense use of residential properties and the peace and enjoyment of these same neighborhoods. No decisions were made on the ordinances,the Commission adjourned at 7:04. j -f-e . 2_ �� \�� DEPARTMENT OF THE ARMY e/ ST.PAUL DISTRICT,CORPS OF ENGINEERS ( . , a �;;.= ,�, 180 FIFTH STREET EAST,SUITE 700 ,qP„` ZI ST.PAUL,MN 55101-1678 i• /`r N ��+ REPLY TO ATTENTION OF sTnr�:s us�M REGULATORY BRANC10 MAR 15 2017 Regulatory File No. MVP-2017-00707-MMJ Freshwater Business Center Attention: Chris Prok , 2500 Shadywood Road Excelsior, Minnesota 55331 Dear Mr. Prok: This letter concerns your request for Department of the Army authorization to construct a wooden dock, that will be 6 feet wide and 180 feet long, over a wetland and into an open water marsh. This project site is in Section 21, Township 117 North, Range 23 West, Hennepin County, Minnesota. The work proposed at the location stated is not within the regulatory jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or fill material, including that associated with mechanical land clearing or temporary sidecasting, will be discharged in any water of the United States, including wetlands. Therefore, a Department of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. The decision regarding this action is based on information found in the administrative record which documents the District's decision-making process, the basis for the decision, and the final decision. If you have any questions, please contact me in our St. Paul office at (651) 290-5363 or Melissa.M.Jenny@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above.kSi erely, I Mell 'sa Jen Project Ma ager ccs: Ben Meyer (BWSR) Kate Drewry (DNR) Item 2 Date Application Received: February 7,2017 �Ol VO Date Application Considered as Complete:Feb 7,2017 60-Day Review Period Expires: April 7,2017 To: Chair Thiesse and Planning Commission Members Ft Doug Reeder,City Administrator 44-ESHO�� From: Jeremy Barnhart, Community Development Director Date: March 20, 2017 Subject: #17-3907, Ugorets 8098, LLC, 2500 Shadywood Road, Conditional Use Permit: Permanent Dock in Floodplain Public Hearing Application Summary: The applicant is requesting a conditional use permit to permit a permanent dock into the floodplain Staff Recommendation: Planning Department Staff recommends approval, subject to the following conditions: Reflectors be added every 25 feet along the edges of the dock All requirements of the DNR and Watershed District shall be followed. Background The owner of 2500 Shadywood Road is requesting a Conditional Use Permit to install a permanent dock into the floodplain. Docks are among the listed conditional uses in the Floodway outlined in Section 78-1118. The dock will be 6 feet wide and 180 feet long. The proposal includes a viewing/seating platform into the open water area. The dock will be constructed of wood, including wood support pilings. No lights are proposed on the structure. This portion of the lake floodplain does not include any boatable connection to Lake Minnetonka. Temporary docks are common into the floodplain, but do not require a Conditional Use Permit due to their temporary nature. A portion of the dock will encroach into a wetland,though docks which provide reasonable access to the lakeshore and do not exceed eight feet in width are a permitted use. (78-1606). LOT ANALYSIS WORKSHEET Section 78-736-Lot Area/Width: B-4 ZONING DISTRICT Lot Area Lot Width Required 20,000 s.f. (.46 acres) 100' Actual 220,413 s.f. (5.06 acres) 620' FILE#17-3907 March 20,2017 Page 2 of 3 Section 78-1680 and 78-1700-Hardcover Calculations: This property is in Tier 3;the improvement is proposed lakeward of the 929.4 elevation. 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 property is zoned and used for office use. The dock,to be used by employees and tenants of the business center,is consistent with the community management plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V,division 3 of the City Code; Docks are permitted improvements into wetlands and the floodplain, provided a Conditional Use Permit is obtained. 3) Adequately served by police,fire, roads,and stormwater management; The dock does not require inordinate additional public services. 4) Provided with an adequate water supply and sewage disposal system;The dock will not increase demands on the water or waste water treatment systems. 5) Not expected to generate excessive demand for public services at public cost;The dock improvement is not expected to generate additional demand. 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 dock is an appropriate use for the property. Docks are typical in both commercial and residential settings. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; This statement is true. 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; This statement is true 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 dock,with no motorized boat access to the lake, is expected to be a quiet viewing area,and is not expected to impact the neighbors visually or audibly. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; Docks are a common improvement in floodplains, no buffering or screening is recommended. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference,general unsightliness, or other means; No testimony has been offered that suggests the dock will establish a nuisance. 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; The dock is to be used by tenants of the office building,is not open to the public; no additional traffic is expected in addition to traffic for the office building. FILE#17-3907 March 20,2017 Page 3 of 3 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The dock is constructed of wood,and will be consistent in appearance with other docks in the area. 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; No lighting is proposed, and 15) Not detrimental to the public health, public safety,or general welfare. No evidence has been suggested that the dock will be hazardous. However,it is recommended that reflectors be added to the structure to warn winter users(skiers,ice skaters, snow mobiles)of the obstruction. 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 To date, no public comments have been received. Issues for Consideration 1. Does the Commission find it necessary to impose additional conditions in order to mitigate the impacts created by the granting of the requested conditional use permit? 2. Are there any other issues or concerns with this application? List of Exhibits Exhibit A. Application Exhibit B. Plans Exhibit C. Narrative Exhibit D. Flood Map Exhibit E. Correspondence with DNR and LMCD Exhibit F. Property Owners List Exhibit G. Plat Map PC Exhibit A City of Orono rr..o vr2011 Conditional Use Permit ApplicatiolyoFoRONO Street Address: Application# 7-3 9t 7 O J,l 2750 Kelley Parkway / 1�f Q `V/'1 Orono,MN 55356 Date Received: c:: - 7— /7 A V--,.. Main: 952-249-4600 Staff: �� fax: 952-249-4616 Fee: $700 e. e, /(v 077 A Mailing Address: Escrow: $700 / N P.O.Box 66 lFl V;, G' Crystal Bay,MN 55323-0066 Notes: 1KESHOY`� Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed mon Planning Commission Agendas. SITE LOCATION: FClo ... ( B C.' cie.-S 1 tom..14r cZ 5OO s3-1csc-y,...4-1-..A. P.A. DESCRIPTION OF REQUEST: S+1S-6A\ G:._ titin en V- clod:. In 44i _ i.,JcL3-lc na,. (attached additional sbeets at necessary) APPLICANT INFORMATION: 1!4 check here if Applicant address should be used for billing Applicant: IJ oc k 301$ L.c..0, Phone(Primary): 1 60 _ 3 .3.-- 33.i Mailing Address: A-114:p1144- Ave So. City: 1.1_. ►,-_� ZIP: 55313 Email: ct..1 e-1C 4 .m \o - .cc lh 'yam•"' PROPERTY OWNER INFORMATION: r6 check here if Property Owner is same as applicant 0 check here If Property Owner address should be used for billing Name: 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 v.: r fail.. J �G`"" Ap licant Signature: A ^�`� r( Date: P 9ir/ 1/4 7 Applicant Signature: - Date: Property Owner Signature: AVRAFAIW Date: W /7— Property Owner Signature: T Date: CUP Application-January 2017 Page 4 # 3907 V311,1-) City of Orono Pre-Application Meeting Form .$ ft• c? t�kFSH0Is (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only. 4ef y t b ZZt ot7 City Planner U- (;q 44 4 a/1 Meeting Date/Time PC Date. (MMICt't Met with: What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal,inform them of the procedures and requirements of the city code,and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: F51mA C ,'ae asoo 1. ?A. Property Identification Number(PIN): Zoning District: 15-4i Size of Property: LAND USE REQUESTS: 0 ❑Appeal of 0 Commercial Site 0 Comprehensive Plan Easement/ROW Administrative Decision Plan Review Amendment Vacation, without subdivision ❑PID ❑ PUD-Residential ❑ RPUD,without 0 Ordinance Amendments 0 PUD-Commercial subdivision including Rezoning ❑Other: CONDITIONAL USE PERMIT REQUESTS: 0 Amend Existing CUP 0 Commercial/Industrial Use 0 Duplex Credit (; (per bldg) JIC '"` T'( o�Q�a� 0 Grading and filling— 0 Grading and filing— 0 Grading and filing—with 75 feet of OHWL 501 cy or more Wetland and flood plain (includes seawalls and retaining walls) ❑ Guest House I 0 institutional 0 Residential I Guest Apartment Type: 0 Renewal of CUP Residential Accessory Use Type: Applicant's BILLS AND ESCROW: The land use application fee is for citystaff time and overhead Initials: PP costs only. Owner and/or Applicant shall pay for consultant expenses incurred in review of Property 4,41 this application and/or additional staff time not covered In initial application fee, as well as Owners provide an escrow In the amount of$ to guarantee payment of the above. Initials: OTHER INFORMATION: *Please note: Your land use or conditi• al use permit a••Ii ion will NO be accepted without a pre-application meeting during which this form will be o leted by City .t. Applicant Signature: •' j Date: i Property Owner Signature: ♦•,L //p 1/-1/ Date: T CUP Application—January 2017 Page 3 # 3907 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. PA ic221/ First Middle Las/ 1-`1 t o /C:\., Address ol) • it-4.) ,575-3 LA 3 (iia -30 -33o\ City State Zip Phone I under nd my rights as t 'd above. ,7 °/6/9/Y ure RECEIVED CUP Application-January 2017 Page 14 FEB n 7 2017 3 07 CITY OF ORONO toe r- t,r7,ry'-. PC Exhibit B 7 2017 —— CITY OF ORONO S ' ,'- t gi w 't ..t, ' / --"'" t i 1.14r .1110P' ' : ' : ' i � �. �. F• S,, '; + ,4,.',4 ., ., . . .."-':....441,.., .::— .,-4: I' ,''',i',.-..:,..'„',0:-..,,,'.7.''s.,•. ' • ..t.,, { r .,. T,tea ."*;,,t,,,:..,' s fL , ♦ • w • ,A whxf tr. ', rs . • Nu •:liaw' IiF�.r• • y. , 4 44014,04. 41114110P 1i oA I I, I I 1;1- 1/1 7 FRESHWATER - $D a ,_ O a� BUSINESS CENTER Ili 23 M si I— i i /� /� 2600 SHADY4V000 ROAD I� h � C' Z lJ ! 1 ORONO,MINNESOTA 55331 A 9i Rat 11,1t-tap-al /.$,, .e.:: WRS MI 1W1 1101 3N10 MUM,MUCH9.. v...A/....11.W M..I SYf41 OM'WILIA PC QM 3i1JII IG 1,4I-.-1I WI.".I M..S F.3 I...0 M...I M.I. "ONI 'S3IVIOOSSV O838N0210 —"`' 133f0Nd ..""�...lwawu.v.,gmia'�'.+i.°.w1 ��a ÷I q ( S.r- ` } I wSC66 M,9Z.. .Z4 Q�Q w-,..-444100tHrwv,:.. \.>":6., i \ 1 tibilitN .ed -iI \j1 : in f ,k_, 7 Y , I S SIB O ,,k,„ w Y Z s�gt�_��� �.. /A/m ii. a:, 7 -,,, ',p , i PlarairliaK !OIW *I i!I - 0, ,,, i / 0 � °!li onzn r.71 �' Z 8 i `5' Qz & 4 111,14( I . ,, '. $11 I s 0 -I d -'1 ' e �Vi E�.1 �, ON I 11 $ m r . i 7 d 7 mus s Irl i� UI ; L r \ , :�gi m H.u �� T, a i B 8 i g a o U� , 8 ! € Y CC �1> i th - CCI b Y B i6aYirr S Ile P iss6 SW war '‘..<:e. ',.,\F iiiiii, If [ li. I iv ir I jj i 144144/1.147 f/+ �� V ' 1i / 11111 t ( aitillitte • • • r g!a '5, , / li N • � word 1 InC 'i'- i i`----- : • 72017 3 9 0 7 CITY OF ORONO S a ern. .. <r,';, �--� `* S4 r;r c,er • ft'. et 6tou p1 tG� Ii^!S'` FEB 0 7 2017 3907 CITY OF ORONO PC Exhibit C Project Narrative Freshwater Business Center Wetland Dock The Freshwater Business Center is applying for a Conditional Use Permit for the installation of a permanent dock which will extend into the open waters of the wetland located on the premises. The original Architectural design concept for The Freshwater Business Center was to incorporate the views of the wetlands,and surrounding nature. We believe the addition of a dock through the cattails and extending out into some of the open water,will allow the Center's tenants the opportunity to absorb more of the beauty and tranquility of this peaceful environment. We are proposing to install a dock, comprised of wooden boards 6'wide with wood posts. A sitting bench will be located at the end of the dock. We anticipate the total length of this dock to be around 180'long,with the majority of the dock passing through the cattails. Conversations have occurred with Heidi Quinn, Permitting Technician with the MCWD,and Emily Herman,Administrative Technician with the LMCD. Attached are documents from both organizations stating that they do not require any permitting for this application. MN DNR Hydrologist Jason Spiegel was contacted, and he stated that permitting was only required if cattails are to be removed. Also,we have reached out to Joe Yanta with the U.S.Army Corps of Engineers,but have not yet heard back from him on this. We are very excited to incorporate this project within the scope of this site. We feel that the design of this building transitions naturally into the wetlands and woods surrounding it. The addition of this project will further enhance that experience. We look forward to working with you on this exciting addition to the property. RECEIVED FEB 0 7 2017 3907 CITY OF ORONO Legend FEMA Floodplain LOMA Map Base Flood Elevations(ft) 0 Date: 2/17/2017 .,,iW /_'"/� . . fr, ;, FEMA DFIRM Cross ¢ ' '�//�' Sections �'" E 2 Foot Elevation X T �. : r[+ a 4 : Contours W s � `,y • Index U - "1x* , j Intermediate ` . $ FEMA Floodplains 100 Year .NIC ' �~ JV'� % AE FLOODPLAIN -Sir 40 •itaj AH ,..., ,jit) , , 4., „ / AO i1 .rt,ync 't(4. -, x AE FLOODWAY 9n ra > I J t - % f err ~E ,,,,,,,„:„',. .c).".r.. ' :'- - . . -- ,,, % .7 _:.--..„ , -. ..p, - _ ,,,,-.4. -. .: -:4, >4 `� ` _. * ` 404.,...ifid" . 1 I • ♦, Vl1ry 4 , f>C:: :i:,....,,-.: 4,:„, .. i.' .L_ " ,1\,4'- "` ', .'' ' . . ! I i i f PID:20117 23110034 Comments: Address:2500 SHADYWOOD RD, 1 inch = 100 feet A ORONO Point Location(NAD83):-93.60535,44.93404 This data O is as toced'AS IS'with no representation as to completeness or accuracy, Base Flood Elevation(ft):931.5(NGVD29) (ii)s furnished with nowarranty of any kind:and DFIRM Panel:27053C0311F (iii)is notsuitablefor legal,engineering or Sources: Prepared by: surveying purposes.Hemepin County shall not be fade for any damage,njury or loss resulting FEMA National Flood Hazard Layer 11/4/201 6 from this data. MN DNR contours from 2011 LiDAR(NAVD88) COPYRIGHT C HENNEPIN COUNTY 2017 Aerial imagery flown 2015 PC Exhibit E i t �,:� is Chris Prok<cprok2500@gmail.com> LMCD Follow-up on Telephone Discussion for Placement of Dock at 2500 Shadywood Road in Orono 1 message Emily Herman<eherman@lmcd.org> Tue, Jan 3,2017 at 11:38 AM To: Chris Prok<cprok2500©gmail.com> Cc:Vickie Schleuning<vschleuning@Imcd.org> Mr. Prok: In follow-up to your question as to whether the Lake Minnetonka Conservation District(LMCD) had jurisdiction over the placement of a dock structure through the cattails to the holding pond just to the northeast of an office building located at 2500 Shadywood Road, staff has confirmed the LMCD does not. The wetland area is separate from, and has no direct connection to, the lake and so is not subject to the LMCD regulations. On behalf of the LMCD,thank you for your proactive efforts in researching all regulatory authority in this matter. It is my understanding you have already spoken with the Minnehaha Creek Watershed District and the City of Orono. Please allow me to offer one more contact for reference; MN DNR Hydrologist Kate Drewry. Ms. Drewry can be reached via email or by telephone: kate.drewry@state.mn.us or(651)259-5753. If the LMCD can be of further assistance, please do not hesitate to call. Emily Herman Administrative Technician I Lake Minnetonka Conservation District 5341 Maywood Road, Suite 200 I Mound, MN 55364 Ph 952-745-07891 Fx 952-745-9085 I eherman@lmcd.org Visit www.lmcd.org 0 RECEIVED •ID• Towescrveand enhwwrcethe take Minnetonka experience FEB 0 7 2017 3907 CM OF ORONO Grriail Chris Prok<cprok2500@gmail.com> Cattails and dock follow-up- 2500 Shadywood Road, Orono 1 message Heidi Quinn<hquinn©minnehahacreek.org> Tue, Dec 27, 2016 at 11:31 AM To: Chris Prok<cprok2500©gmail.com> Hi Chris, Thank you for the follow-up reminder Per the Wetland Conservation Act Rules Chapter 8420. wetland fill is defined as- Subp. 26. Fill. "Fill" means any solid material added to or redeposited in a wetland that would alter the wetland's cross-section or hydrological characteristics, obstruct flow patterns, change the wetland boundary, or convert the wetland to a nonwetland. Fill does not include posts and pilings for linear projects such as bridges, elevated walkways, or powerline structures, or structures traditionally built on pilings such as docks and boathouses. Fill includes posts and pilings that result in bringing the wetland into a nonaquatic use or significantly altering the wetland's function and value, such as the construction of office and industrial developments, parking structures, restaurants, stores, hotels, housing projects, and similar structures. Fill does not include slash or woody vegetation, if the slash or woody vegetation originated from vegetation growing in the wetland and does not impair the flow or circulation of water or the reach of the wetland. In summary, as long as you are not proposing to bring in fill that would cause the wetland to become upland, installing a dock would be fine within WCA regulation. Please note that the wetland onsite is a DNR public waters and the DNR regulates docks and aquatic vegetation removal. Attached is the DNR dock guidance requirements. If you are proposing to exceed the dimensions in the guidance, you will need to apply for a permit through the DNR MPARS system. I have been advised that it is difficult to justify exceeding the dimension guidance. Here is a link the DNR aquatic vegetation removal guidance/permits http://www.dnr.state.mn.us/shorelandmgmt/apg/regulations.html Jason Spiegel is the one of the area/region contacts- C.ciN -4:..a V9 /t? 130 c'aCGP of "pkLk-i-t 0, Si %s i L11 Jason Spiegel Minnesota Department of Natural Resources Ecological and Water Resources—Hydrologist 1200 Warner Road St. Paul, MN 55106 651-259-5822 Jason.Spiegel@state.mn.us RECEIVE FEB 0 7 2017 3907 CIN OF ORONO Additionally, I would suggest checking with the City to see if they have a dock ordinance. Please let me know if you have any questions. Thank you for reaching out to MCWD regarding our rules and regulation during the planning process. Have a great New Year! Heidi Heidi Quinn I Permitting Technician I Minnehaha Creek Watershed District 15320 Minnetonka Boulevard I Minnetonka, MN 55345 I Office: 952-641-4504 shoreline_alterations_water access.pdf 879K RECEIVED FEB 0 7 2017 3907 CITY OF ORONO GrnaiI Chris Prok <cprok2500@gmail.com> RE: Freshwater Business Center Wetland Dock Proposal 1 message Spiegel,Jason(DNR) <Jason.Spiegel©state.mn.us> Fri, Jan 13,2017 at 11:40 AM To: Chris Prok<cprok2500©gmail.com> Hi Chris, Per our conversation and this email describing the project and the dock, a permit will not be required from DNR for it's installation. Thank you for contacting us ahead of the install. Sincerely, Jason Spiegel Hydrologist Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Rd. St. Paul, MN 55106 Phone: 651-259-5822 Email: spiegel.jason@state mn us mndnr.gov mlDEPARTMENT OP NATURAL RESOURCES II El RECEIVED FEB 0 7 2017 3907CITYOFORONQ From: Chris Prok [mailto:cprok2500@gmail.com] Sent: Friday,January 13, 2017 11:38 AM To:Spiegel,Jason (DNR)<Jason.Spiegel@state.mn.us> Subject: Freshwater Business Center Wetland Dock Proposal Hi Jason, Thank you for the conversation the other day on our proposal to install a dock on the wetlands within our property here at The Freshwater Business Center, 2500 Shadywood Road, Excelsior, MN, 55331. As previously discussed, we are looking into installing a dock out into the open waters of the wetland, thus travelling over the cattails to do this. We will not be removing any cattails during this project. I have discussed this with staff at both the MCWD and LMCD, and both organizations do not require any permitting. I will be submitting this project with the City of Orono, for a dock permit, and am including letters from both organizations stating no permitting is required. Is it possible to receive a confirmation letter from your group as well? I want to be as thorough as can be. I very much appreciate your help with this. Please let me know if you have any questions. thank you, Chris Prok Project Manager Freshwater Business Center 952.769.7249 RECEIVL # 3907 CITY OF ORONO PC Exhibit F HennepinHennepin County Locate & Notify Receipt Provided By: Resident and Real Estate Services Print Date Wed Dec 14 13:38:11 2016 This is a receipt only with 'paid' stamp or cash register receipt attached TOTAL COST: $27.50 Company or Homeowner Name: Chris Prok Contact Person: 952 769 7249 Subject Property Address: 2500 Shadywood Rd, Orono Comments: 350' Buffer Distance: 350 feet Mail Label Count: 22 38 17-117-23 44 0085 38 17-117-23 44 0094 38 20-117-23 11 0002 38 20-117-23 11 0007 38 20-117-23 11 0015 38 20-117-2311 0017 38 20-117-23 11 0018 38 20-117-23 11 0021 38 20-117-23 11 0024 38 20-117-23 11 0027 38 20-117-23 110028 38 20-117-23 11 0029 38 20-117-2311 0030 38 20-117-23 11 0031 38 20-117-23 11 0032 38 20-117-23 11 0034 38 20-117-23 11 0038 38 20-117-23 11 0039 38 21-117-23 22 0017 38 21-117-23 22 0018 38 21-117-23 22 0019 82 16-117-23 33 0030 RECEIVED DEC 20 ?1i' # 38 95 CITY OF ORONO 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 DEC 2 0 2018 41., 3 8 9 5 CITY OF ORONO RUN DATE:12/14/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 17-117-23 44 0085 38 20-117-23 11 0028 38 21-117-23 22 0019 VOYAGEUR SERVICE CENTERS INC DDK LLC T M&A A CODUTE 3340 SHORELINE DR 2535 SHADYWOOD RD 2535 OLD BEACH RD ORONO MN 55391 ORONO MN 55331 ORONO MN 55391 VOYAGEUR SERVICE CENTERS INC DDK LLC THOMAS M&ALICIA A CODUTE P O BOX 65 1560 BLUFF CREEK DR 2535 OLD BEACH RD NAVARRE MN 55392 CHASKA MN 55318 WAYZATA MN 55391 38 17-117-2344 0094 38 20.117-23 11 0029 82 16-117-23 33 0030 LAFAYETTE RIDGE HOMEOWNERS DDK LLC UGORETS 8098 LLC 38 ADDRESS UNASSIGNED 2545 SHADYWOOD RD 82 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 55331 MINNETONKA BEACH MN 00000 LAFAYETTE RIDGE HOMEOWNERS DDK LLC UGORETS 8098 LLC P O BOX 41 1560 BLUFF CREEK DR 410 11TH AVE S MINNETONKA BEACH MN 55361 CHASKA MN 55318 HOPKINS MN 55343 38 20.117.2311 0002 38 20-117-23 11 0030 VOYAGEUR SERVICE CENTERS DDK LLC 2420 SHADYWOOD RD 2525 SHADYWOOD RD ORONO MN 55331 ORONO MN 55331 VOYAGEUR SERVICE CENTERS DDK LLC CO RD 15&19 1560 BLUFF CREEK DR NAVARRE MN 55392 CHASKA MN 55318 38 20-117-23 11 0007 38 20.117-23 111 0031 INTRNATL MINISTERIAL FELSHIP DAVID 1 DELANEY TRUSTEE 2560 KELLY AVE 2465 SHADYWOOD RD ORONO MN 55331 ORONO MN 55331 INTRNATL MINISTERIAL FELSHIP DAVID 3 DELANEY 2477 SHADYWOOD RD PO BOX 721 ORONO MN 55331 LONG LAKE MN 55356 38 20-117-2311 0015 38 20-117-23 1111032 1ST NATL.BANK OF NAVARRE DAVID J DELANEY 2445 SHADYWOOD RD 38 ADDRESS UNASSIGNED ORONO MN 55331 ORONO MN 00000 1ST NATE BANK OF NAVARRE DAVID I DELANEY CO ROAD 15&CO ROAD 19 PO BOX 721 NAVARRE MN 55392 LONG LAKE MN 55356 38 20-117.23 11 0017 38 20.117-23 I 0034 JEANNE M ENGLUND UGORETS 8098 LLC 2455 SHADYWOOD RD 2500 SHADYWOOD RD ORONO MN 55331 ORONO MN 5533! JEANNE M ENGLUND UGORETS 8098 LLC 2:17 PENN AVE S 4:0 I ITH AVE S MINNEAPOLIS MN 55405 HOPKINS MN 55343 38 20-117-23 I 10018 38 20-117-23 11 0038 JEANNE M ENGLUND UGORETS 8098 LLC 2455 SHADYWOOD RD 2520 SHADYWOOD RD ORONO MN 55331 ORONO MN 55331 JEANNE M ENGLUND UGORETS 8098 LLC 2117 PENNAVES 41011THAVE S MINNEAPOLIS MN 55405 HOPKINS MN 55343 38 20-117-23 11 0021 38 20-117-23 I i 0039 JAMES T WILSON UGORETS 8098 LLC 2565 LYDIARD AVE 38 ADDRESS UNASSIGNED ORONO MN 55331 ORONO MN 00000 JAMES T WILSON UGORETS 8098 LLC 2565 LYDIARD AVE 410 1 ITh AVE S EXCELSIOR MN 55331 HOPKINS MN 55343 38 20-117-23 110024 38 21-117-23 22 0017 LUND REAL ESTATE HOLDNGS LLC L LUNDQUIST&D LUNDQUIST 3333 SHORELINE DR 2455 OLD BEACH RD ORONO MN 55391 ORONO MN 55391 LUND REAL ESTATE HOLDNGS LLC LARRY&DONNA MAE LUNDQUIST ATTN VON P MARTIN 2455 OLD BEACH RD 4100 WEST SOTH ST SUITE 2100 WAYZATA MN 55391 EDINA MN 55424 38 20-117-23110027 38 21.117-23220018 RECEIVED INTL MINISTERIAL FELLOWSHIP K D SI-ERMAN&I D SHERMAN RECEIVED 2477 SHADYWOOD RD 2505 OLD BEACH RD ORONO MN 55331 ORONO MN 55391 DEC O i INTL MINISTERIAL FELLOWSHIP KIRK D/JACQUELINE D SHERMAN P O BOX 100 2505 OLD BEACH RD NAVARRE MN 55392 WAYZATA MN 55391 # 3895 CITY OF ORONO Easy Peep Labels 1 A Bend along line to � V AVERY®5960TM I Use Aveiyt Template 5160 Feed Paper expose Pop-up Edgem A A 38 17-117-23 44 0085 38 20-117-23 11 0028 38 21-117-23 22 0019 VOYAGEUR SERVICE CENTERS INC DDK LLC THOMAS M&ALICIA A CODUTE P 0 BOX 65 1560 BLUFF CREEK DR 2535 OLD BEACH RD NAVARRE MN 55392 CHASKA MN 55318 WAYZATA MN 55391 38 17-117-23 44 0094 38 20-117-23 11 0029 82 16-117-23 33 0030 LAFAYETTE RIDGE HOMEOWNERS DDK LLC UGORETS 8098 LLC POBOX41 1560 BLUFF CREEK DR 41011THAVE S MINNETONKA BEACH MN 55361 CHASKA MN 55318 HOPKINS MN 55343 38 20-117-23 11 0002 38 20-117-23 11 0030 VOYAGEUR SERVICE CENTERS DDK LW CO RD 15&19 1560 BLUFF CREEK DR NAVARRE MN 55392 CHASKA MN 55318 38 20-117-23 11 0007 38 20-117-23 11 0031 INTRNATL MINISTERIAL FELSHIP DAVID J DELANEY 2477 SHADYWOOD RD PO BOX 721 ORONO MN 55331 LONG LAKE MN 55356 38 20-117-23 11 0015 38 20-117-23 11 0032 1ST NAIL BANK OF NAVARRE DAVID J DELANEY CO ROAD 15&CO ROAD 19 PO BOX 721 NAVARRE MN 55392 LONG LAKE MN 55356 38 20-117-23 11 0017 38 20-117-23 11 0034 JEANNE M ENGLUND UGORETS 8098 LLC 2117PENNAVES 41011THAVE S MINNEAPOLIS MN 55405 HOPKINS MN 55343 38 20-117-23 11 0018 38 20-117-23 11 0038 JEANNE M ENGLUND UOORETS 8098 LW 2117 PENNAVES 41011THAVE S MINNEAPOLIS MN 55405 HOPKINS MN 55343 38 20-117-23 11 0021 38 20-117-23 11 0039 JAMES 7 WILSON UGORETS 8098 LLC 2565 LYDIARD AVE 41011TH AVE S EXCELSIOR MN 55331 HOPKINS MN 55343 # 3895 38 20-117-23 11 0024 38 21-117-23 22 0017 LUND REAL ESTATE HOLDNGS LLC LARRY&DONNA MAE LUNDQUIST ATTN VON P MARTIN 2455 OLD BEACH RD 4100 WEST 50TH ST SUITE 2100 WAYZATA MN 55391 EDINA MN 55424 RECEIVED 38 20-117-23 11 0027 38 21-117-23 22 0018 DEC G O � INTL MINISTERIAL FELLOWSHIP KIRK D/JACQUELINE D SHERMAN P 0 BOX 100 2505 OLD BEACH RD NAVARRE MN 55392 WAYZATA MN 55391 CITY OF ORONO Etiquettes fadles a paler ! A Repez ahachure afro Willa dwww.avery.com le gabarit AVERY c 1 5160® Sens dee 1 harOement reveler le rebord Pop-upw � -800-GO-AVERY 1 PC Exhibit G Hennepin Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 12/14/2016 r - > , `", - - 1 -117-23-44 ,.. r a . r, - a 47 -1 ► s ,117-22-22 1 •. 4 A . • Illir 20-117 :4;-14 = - 21-117-23-23 �., F . Q • - s r r 20-117-23-14 - j 21-117-23-23 - �y - Buffer Size: 350 feet 0 120 240 480 ft Map Comments: Li-1--1--1_t_Lai Q 2011723110034 RECEIVED UGORETS 8098 LLC For more information contact 2500 Shadywood Road r Hennepin County GIS Office Orono, MN 55331 DEC 2 0 21)1 T 300 6th Street South Minneapolis, MN 55487 i gisinfo@hennepin.us CITY OF ORONO Item 3 �OlVO Date Application Received: 2/7/17 Date Application Considered as Complete:2/1/17 - > 60-Day Review Period Expires: 4/1/17 tiF lgkf5H0�� � To: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator From: Mike Gaffron,Senior Planner Date: March 20, 2017 Subject: #17-3908, Roman Zhuk of Cube, Inc., 3320 Navarre Lane - Variances (Lot area, lot width) - Public Hearing Application Summary: The applicant requests lot area and lot width variances in order to take advantage of the Tier 3 hardcover level of 35%. 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. Zoning District: LR-1C,One Family Lakeshore Residential, 0.5 acres/100' min.width Lot Area/Width: 7,136 s.f. (0.16 acre),47'wide List of Exhibits Exhibit A. Application Exhibit B. Existing As-Built Survey Exhibit C. Practical Difficulties Documentation Form Exhibit D. Submitted Hardcover Calculations (Proposed/Existing) Exhibit E. Photos Exhibit F. Plat Map&Wileys Navarre Addition Area Map Exhibit G. Property Owners List Background This small lot qualified for buildability without area and width variances under the Shoreland regulations, and a new home was constructed to replace the old house on the property in 2015. However, a qualifier for taking advantage of the Shoreland ordinance was a hardcover limitation of 25%, and the new home meets that limitation at 24.8%. The owner wishes to be able to add certain hardcover amenities—in this case a deck of as yet undetermined size. In order to be able to exceed 25% up to the 35% limit, the lot area and width variance is required. No specific deck plans have been submitted, and once the area and width variances are granted, any additional hardcover would be limited to 35%. LOT ANALYSIS WORKSHEET(Variances noted in bold type) LR-1C Zoning District Required/Allowed Proposed Lot Area 0.50 ac. minimum 0.16 ac existing Lot Width 100' minimum 47'existing Street Setback 30' 30.0' Left Side Setback 10' 12.0' Right Side Setback 10' 10.0' Rear setback 30' 64' FILE#17-3908 March 20,2017 Page 2 of 4 Structural Coverage: Total Lot Area Total Structural Coverage 7,136 s.f.+ (0.154 acre) Allowed: 1500 2000 s.f.* (Lot is less than 10,000 s.f.) Existing(As-built) 1080 s.f. *On March 13,2017 the City Council amended the Lot Coverage ordinance Hardcover Calculations: Stormwater Allowed Total Area Existing Overlay District Hardcover Proposed Hardcover in Tier Hardcover Tier per 78-72 Tier 3 7,136 s.f. 1784 s.f. 1767 s.f. Up to 2498 s.f. (35.0%) (25.0%) (24.8%) APPLICABLE REGULATIONS: 78-350: LR-1C Lot Standards &Setback Regulations. 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 • FILE#17-3908 March 20,2017 Page 3 of 4 are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff 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 residential principal structure and associated amenities are residential uses which are 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 'Wiley's Navarre Addition Lake Minnetonka' subdivision in 1911, long before local zoning codes were in effect; and c. The variance will not alter the essential character of the locality. The Wiley's Navarre Addition neighborhood (primarily fronting on Olive Avenue with just two on Navarre Lane)consists of lots typically 47-55 feet in width and ranging in depth from 90-160 feet. Over time a majority of these lots have each been developed for individual homes, with few being combined. In the opinion of staff, a single family residence and associated amenities 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,setback, 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. FILE#17-3908 March 20,2017 Page 4 of 4 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 be developed 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 neighborhood consists of single family homes located on Olive Avenue, Navarre Lane and Bayview Place. In this neighborhood,approximately 20 homes are on single lots,with another half- dozen or so on combined lots. The applicant's property had contained a single family residence for many decades before it was recently replaced with a new home. The ability to have the same type of hardcover amenities as other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Practical Difficulties Statement Applicant has submitted a Practical Difficulties Documentation Form attached as Exhibit C, and should be asked for additional testimony regarding the application. Neighbor Comments The City has received no comments as of this writing. 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. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the requested lot area and lot width variances. 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 condition: 1. Applicant shall adhere to the required setbacks and 35%hardcover limitations with regards to any additional structures and hardcover proposed for the property. City of Orono Variance Application PC Exhibit Street Aar: Application# ! 1— ''Ra 9 A:� 2750 001,MKalfN�+dS3S6 Parkway Date Received: DUI—t li 7 Y 075 P.- M.in: 952-zw-4eC0 *4* - Staff: )640 for 962-249-461e Fee: '" y:-, Wing Address: Escrow#s$ 1120-- - 1 i E P.O.Bax es G Cryan Bay,MN 56328-0088 Permit Fee 'IkFSHOV Notes: Please complete. Applicant will be notified within ¶5 days as to the status of the applicator, Incomplete applications will } be placed on Planning Commission Agenda. f� SITE LOCATION: SS 2-0 A-V Pi 2 L V1 DESCRPTION OF REQUEST: -0}a"NG Cot W►A '' Y44 r►CCD (attached additional sheets as necessary) APPLICANT!AGENT IWFORL,ATION: Applicant Name: 6 i \VAC! Phone(Primary): C, t Z 70 3 cici Applicant Email: C1,4 Ps t t t- 1c. l oc.�d a C© �1 Address: 418,?S 1-�.,o►.1noV2i� Qct City:cad City: t ZIP: 5526il Applicants: Contractor Homeowner (Circle Ons) PROPERTY OWNER INFORMATION: )(check here If property owner Is earns as applicant Name: Phone(Primary): Mailing Address: � _ City: ZIP: _ Email: APPLICANT/AGENT AND/OR OWNER: • Agree to provide al Monnabon required or requested by the Planning Deparknert, A• gree ofew pay� (staff time not covered kr the original fee payment)and/or consultant expenses incurred In application,and • Certify that the information suppled 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 1s 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: ! Dots: o 2/0 7/" Applicant/Agent Signature: Date: Property Owner Signature: Date: ' a E0 Property Owner Signature: Date: v ,.ApplaxtIon_M,2016 � 3 ®8 Pz FEB 0 72017 CITY OF ORONO \\ . 1 ``\ 4 / / / / 4�` \� b y 6\ / //'~6 f6�- ck *e --......-29.``�t6� �\ 1 0\O / / - �1' eCI `6y6� `��9 \\ I 1 // / \ $44 �� s,� \ f • p i — -tt6._ _L—, 1-I 1 I — . • NI I T.l , St6� �.; ( f $i f ��ir �d^� 'ate' LI X.„ N\ 4:IN I I f V., „.0% i - , < (N.v .< < N. •1 \ I I !.417:, fles;•404 \ 9t �.e � }�I I I I 4 qA2-)t) �—— �� r • �a 1 N. N. \ ...`N. . 1 1 43—---—--- : ,& .. .Niff 14 , - 'N.. 1/ ...„:'.....'N. e's',4 I fl ' 7 (....) ..... - N. / I > ►..ter U \• �ss 9 �`�\'�N. `� `��illml • , ‘` 'AS CV\ \ s\ ; itii , I I-...:42.c....._f • H Z 01 cs- - "'9�s�\ \ \��a\\ 6� O `�'�/4141,411 •00/4, 0�1 X 1... \ \ \., \ 4--, \'', \ ,„ \ ' . \V,Es__ ..\ I / „ 1 —— Cr. 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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 difficultiesexist and how the variance will affect the surrounding community. To prove practical difficulties,address all the relevant points fisted 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!WA in the space provided: .1. "The property owner proposes to use the property In a reasoneWe manner not permitted by the Zoning Me"' 2. "The plight of the landowner is due to ' « stances unique to his property not created by the.. ►owner." , ►___i.' �' 4"�:Lac.� 4%.." , :,.. .yQ.t• J4A • ' : ' 3. . variance, ranted,will no`/alter m;,I chars r of the locality." J • , ' /. ,_ .' I...o.„ • .i ' r' / • , 4. ".Economic considerations alone do no constitute practical difficulties if reasonable use for the property exists ugcler the termsof the Zoning pt " i r ail. ... _,/ale .es,,,,,,,,k... r moer--a01,--7 eo.a. Y..e/fr.#. ,-`'zue.L07.6-e, . . 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." l ft 6. "The Board of Appeals and Adjustments or the Council may not permit es a variance any use that is not allowed under this Chapter for property in the zone where th, affected person's land is located.' Variance Application-May 201e Page 4 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 rovining f'roPertr 66' le/14 s - - Vale ce. ^41#1,:"*"' r¢' s ' A ,../ i_ !�+t' �..r '� #.,.i /� ././i L,, ' $-'( £ _o i4' /'t '� _2 e/ t. -"77-70 i •i - +`.." 9, 'The conditions do not apply generally to other land 6f structures in the distich said Ja % is located." 4454"ew-ek.aofrte..1,;!ejeae ni 79.4:g 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right oflie a ic�nt." wi /14° . pfsed-i'sAcy Prret_i/ 11. "The granting of the proposed variance will not In any wayimpair health,safety,comfort,morels,or In any other =be contrary to the intent of the Zg/ming Code."441,04 /e . . _ - .�� _- r ' - ' ���1.�'�=s%c�r� AF '"4 .e • • LL our G!//J �~ pee r /1'� 1 . "The granting of such variance will not merely serve as a convenience to the applicant, but.Is necessary to 1evlate demonstrable difficulty.'i J,L242 f l//t rai • Practicall �lties 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): Varian Application—Afay 206 Page 5 • RECEIVED City of Orono FEB 0 7 2017 Hardcover Calculation Worksheet 14;Iii. Property Address: 6320 CITY OF ORONO Prepared by: - PC Exhibit D CbkQr� VAC— Date: t kt 1� Storrnwater 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). lndude 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 time and calculate hardcover square footage separately for each portion. Key to SunnyHardcover Item(Describe) Length x Width Total r�oarrar4S (� , . ) I (Square Feet) (24'x (72C B.F.) A t3 + LkOpaS —74 t X � �(8� S.F. i D DR v�w�► s�w��SSS' �+g,S x g 4 �4� S.F. as I rr, 5.2.. � S.F. E S.F. F �� S.F. H S.F. S.F. S.F. J S.F. S.F. S.F. N S.F. N _ S.F. 0P S.F. Q _ S.F. R - — S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X — S.F. S.F. Z ► S.F. S.F. (1) Total Proposed Hardcover Excludable Hardcover(See City Coda Sec 751153) S.F. --- S.F. S.F. S.F. S.F. _2) Total Excludable Hardcover ( 'E6 el S.F. (3) Net Proposed Hardcover [Subtract line(2)from tine(1)) 20 S.F. (4) Toth Lot Area �6 S.F. Proposed Hardcover Percentage [(3) Packet Last Updated GV19r1013 'ff3908 W*-o0`i47 • 1 ... le ' . °J. i k ;I, 14: 1 --/ I • es ' '''' 4 I -- — ...," ... ' 4'..Tile 4.-- . .• le -•Cr ',. ..441 lt 0 , 0•• t • it .1. lr •• voitits,A. I: „ ...,,- 1 t -4- kr, • "t'' . at - • , • •, A. "" t,' _ PC Exhibit E t lik. ,.., • , .,' - e '1/4•-••••• ... ‘ft 1 AF • . ..... t . \' - I•, t ke 8 • I• . ''•• , , .,, " 0:i,%:.' ,. .. u ) liti ' 4,:..- .4 : •- ' i. , 11' 1 ..i •• ' . it 41 4.1 .....-- ,.. .., . . -..: t- •' ' N .000•41" - ,. ..• ..... 0., .1.-*- ' - ,'•c 1" ,..• 4 V. 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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. Zoning District: LR-1C,One Family Lakeshore Residential, 0.5 acres/100' min. width Lot Area/Width: 7,522 s.f. (0.17 acre), 50'wide List of Exhibits Exhibit A. Application Exhibit B. Existing As-Built Survey Exhibit C. Proposed Deck& Patio Landscaping Plans Exhibit D. Practical Difficulties Documentation Form &Attachment Exhibit E. Submitted Hardcover Calculations (Existing& Proposed) Exhibit F. Airphoto of Neighborhood Exhibit G. Plat Map Exhibit H. Property Owners List Background This small lot qualified for buildability without area and width variances under the Shoreland regulations, and a new home was constructed to replace the old house on the property in 2015- 16. However, a qualifier for taking advantage of the Shoreland regulations was a hardcover limitation of 25%, and the new home meets that limitation at 24.99%. The owner wishes to be able to add certain hardcover amenities including a patio,steps and other landscaping. In order to be able to exceed 25% up to the 30% limit,the lot area and width variance is required. LOT ANALYSIS WORKSHEET(Variances noted in bold type) LR-1C Zoning District Required/Allowed Proposed Lot Area 0.50 ac. minimum 0.17 ac existing Lot Width 100' minimum 50'existing Street Setback 30' 30.0' Left Side Setback 10' 14.5' Right Side Setback 10' 10.0' Rear setback 30' 62.2' FILE#17-3909 March 20,2017 Page 2 of 4 Structural Coverage: Total Lot Area Total Structural Coverage 7,522 s.f.+ (0.173 acre) Allowed: SAA 2000* s.f. (Lot is less than 10,000 s.f.) Existing(As-built) 1486 s.f. *On March 13, 2017 the City Council amended the Lot Coverage ordinance Hardcover Calculations: Stormwater Allowed Total Area Existing Overlay District Hardcover Proposed Hardcover Tier in Tier per 78-72 Hardcover Tier 2 7,522 s.f. 1880.5 s.f. 1880 s.f. Up30.0% (25.0%) (24.99%) to 2257 s.f. ( ) APPLICABLE REGULATIONS: 78-350: LR-1C Lot Standards &Setback Regulations. 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 • FILE#17-3909 March 20,2017 Page 3 of 4 are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff 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 residential principal structure and associated amenities are residential uses which are 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 'Casco Heights' subdivision in 1911,long before local zoning codes were in effect;and c. The variance will not alter the essential character of the locality. The Casco Heights neighborhood (primarily fronting on Casco Avenue, Ethel Avenue, Caroline Avenue and Casco Point Road)consists of lots typically 50 feet in width and ranging in depth from 140-190 feet.Over time approximately one-fourth of the lots in the neighborhood have been developed singly, while the remainder have been developed in combinations ranging from 1-1/2 to 3 lots in width. In the opinion of staff, a single family residence with associated amenities on a single lot in this neighborhood is not inconsistent with the character of the surrounding neighborhood. Lots surrounding applicants' property are all similarly within Hardcover Tier 2. 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,setback, 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 30% hardcover that other developed similar-sized lots are afforded,a variance to lot area and width is required. FILE#17-3909 March 20,2017 Page 4 of 4 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 30% hardcover that neighboring similar-sized lots are allowed. 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 be further developed 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 neighborhood consists of single family homes located on individual lots as well as combinations of lots. The applicant's property had contained a single family residence for many decades before it was recently replaced with a new home. The ability to have the same type of hardcover amenities as other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Practical Difficulties Statement Applicant has submitted a Practical Difficulties Documentation Form attached as Exhibit D, and should be asked for additional testimony regarding the application. Neighbor Comments The City has received no comments as of this writing. 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. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the requested lot area and lot width variances. 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 condition: 1. Applicant shall adhere to the required setbacks and 30% hardcover limitation with regards to any additional structures and hardcover proposed for the property. City of Orono Variance Application PC Exhibit 40.A street Address: Application# /7-391)9 2750 Kelley Parkway O Orono,MN 55356 Date Received: a- 8—D..1317 Main: 952-249-4600 Staff: fax: 952-249-4616 ""_—� A , a,, Mailing Address: Fee: $700 % Cr._ /(�C> 1„ ' P.O.Box 66 Escrow: 700 $2 r-y_( �G Crystal Bay,MN 55323-0066 Notes: �` ' rjG f l�xEs i i 0v- 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: 1--7 5:5- Etk R-1 Av i -e- -(r_ei 5 C P 0 l 1/11— DESCRIPTION OF REQUEST: (attach additional sheets as necessary) APPLICANT INFOR�A��TI�ONa❑ci�ck��hQre�gppli�nt addre�should,pf used for billing Applicant: k A Phone(Primary): 9 5 3 S 17 - 4b(p Mailing Address: 221.5-5- E �l Ike, City:VI/Asy-7i t& 5 ZIP: 5341 I Email: tC eyt5 a I e_r h . C_O►'f'1 PROPERTY OWNER INFORMATION: heck here if Property Owner is same as applicant check here if Property Owner address should be used for billing Name: Phone(Primary): — RECEIVED Mailing Address: City: zIP:FEB 0 g 2017 Email: APPLICANT AND/OR PROPERTY OWNER: CITY OF ORONO • 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: "IR • : l'' 1, Date: I iZ /1-D 1 ..7 Ilk Applicant Signature: Date: t / /ZO (7 ,...3 0 Property Owner Signature: ii— h.0 va[, .L,ii .. Date: (/--5/2-43 (1 Property Owner Signature: �,�,, �� s 1�1!�� Date: 1(Z'30 ( 1 Variance Application—January 201 411P , Page 4 q 0 0° ti b '1 O O p,. O D 0 O�pV1o': a .1O pk�,pQ p `C Etna ii' o n �' o q o�+ `` o II II 0 o n o .-ten a N a m k0 co tp(D C0y a:n Sn cn(n `° • "21y Optvo$0)Lb p 0 i `\ Rff.,NCn" A N V �q03 D ou v v E. \ • • �A Y '� i SO 4, . T'1 O ° / R p/ ,/� OONIIce ° J0 Or) !! LL.,it, I�//Of ii" I (... ..... _. Z II l ,L; `,2� ', !! c.�' i \ i K to to!0 \INNt., , , A 1,1 U7�^(J1 w g b 1 Q, kO V � caQaNr1` / 1a 4 U 'f PI �V. 9 _It,� i N, 4� ! / ! t!) .e !f ' ! ! xII !aaT7., \ y' ! a I ! f0b C0� l� \\ �r c�ja L, �.y• 2 ! ` 4 D4p� \•4 fp.6 el a :if-%,, ,,,N; ........ Aly 9 ,S•S \� 46°>' �0 Oy ' I.Y. w• 1 o pA SIS' 6.J8 4 J• .� al �/r; 's � � ��'�`O�# 1040 0 nth 0 0 Ni5 1 . to 0 -, .e,,,-N/ ,;) ,, .,., ,,,) ` 49. 'I • <1.41 01 0/ / Co WEIC,/ C` IIIIIIIII ' ti / `," �� Q G.;� b Ma 4111114 ,.,.. j to \ �g0.Se'' M 0tilin ...,am ^ u2 \, iii =�� ,J ,.../ • \ ..4' Us .'.'. I / 4-. .'• --"'... 1 (1) 41114 • eta t..r... I,. w� C u "S. �,,, ,ryi6ps.3Ir6 . LZ'� SOS � S° • � ,,,,..1,..,,;),j..4J -4:98.,\ 1 21 X rept`, r w X O tb R O CO4 O y+n y o > ti g 3 o- a ( Iv o S a m q r I -- ill a O o Rr o IT[ vtSIO lb ar 3 Job Number: 7969 ! hereby certify Phot this certificate of survey was SCNOBOR prepared by me under my direct supervision and Baok/Page: LL that / am a duly Registered Land Surveyor under the LAD SERVICES laws of the State of Minnesota. Survey Dote: 4-21-15, 4-29-15, 8-12-15 INC. -18-16 !J C 1 - - ` •--- Kelly „ Drawing Name: everlast.dwg Kelly L. Brouwer Drawn by. KLt? .1. h 763-972-3221 8997 Co, Rd. 13 SE "� _ Revisions: 8-14-15 (foundation as www.SchoborgLand.com Delano, MN 55328 Doter 'L`-----•-•--•-- Registration No. 48328 T 5-19-16, 5-20-16 (hay Ire 03 ftd xot ce, . :1" :: , , ' _ *,.,,, :47, 1;.444 .410i- - A ".----,,„141. lir- .; IAt'(%)\P\ e ‘5)1,4711 Gel CP . je--.) "--\ . . . ,.:- . 44<°.- 0444 i 0 i 1 1 i , \ t /1 11, 1 ''''• \ l'i '11 1 IV • , 4\\ Itil li(2) i • 1 1 \ Y 4 S { Ac ; t . 4 t 4 0 — —447e-71"t4Z.- I 1.4 I , L\ . .: i ' 1 ,. 1 . 1. tl , , . :,,,.., 0 , , , . . „. , } s .„ , .,,. sD ipp* , , ‘ : *,,,_e, 1 ' 1 `,1� ' FIS J - gr \O‘ ` ,V' ri,?‘164(if ,- h now* :i*:„ .,..-' 1, _''"= `_'.mil. �� ` Lk -- ,x'11 ,, '.", \s{ ID ' \f" t , .. ....‘:„., i -.;.''''` .,,'.. ....., 1 (, • ''' 'r •'' 4. �' '4 4,Y" L to n1 T. • • '' d., 3"� '�� �=i sem. �.:. ���� � r � ,.�. -_ ck'. 1- --•— = """ „""'l' J '';' "" :' - "'mo i'► ., - / . City of Orono FK ASEN Hardcover Calculation Worksheet %d / R�� ) Property Address: 5-5- - f Ether L v ,yk tA- Prepared by: Date: K e-� 5 cLeQc r 27(0 l2 0 7 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 111:10Tier 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. Sunre� Hardcover item(Describe) Length x Width Total Dy (Square Feet) {Example) (Garage) . 30) A 'teo5Q T24'x - (720 8.F.) B / 5te f��' S.F. �7 '¢�f.�. S.F. C *otter Nokia1 way S.F. D 9 F E d"' t"O a C e �hS.F. G �U 114r 1-tAtekre. u5 poS.F. I S.F. S.F. S.F. S.F. S.F. .F. 0 - S.F. Q S.F. S.F. S _ S.F. S.F. S.F. V S.F. S.F._ X S.F. Y _ S.F._ S.F. S.F. (1) Total Proposed Hardcover F Excludable Hardcover(See City Code Sec 784634): S.F._ S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] S.F. (4) Total Lot Area ?. .F. Proposed Hardcover Percentage ((3)+(4)] 2 0 % J RECEIVED Variance Application-January 2017 FEB O.A 2017 Page 12 # 3909 CITY OF ORONO City of Orono 2((S.171%/6 o.\ Hardcover Calculation Worksheet PC Exhibit E \!;‘e„,/ (�/� Property Address: �? A-V 'aHa*j Prepared by: , ti e- ���. - Date: 2.1 /Zaf .7 Stormwater Quality Overlay District Tier. (Circle on 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 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) (E.xanjple) (Garage) ' (24'x 30') (720 S.F.) A au 5 Q. ( 38f3S.F. B Wre"'p I Sl ��i5 t avQ r •_Cet Kway 4-7 S.F. vi1aV 1 3Q f3S.F. E F S.F. G _ S.F. H S.F. _ S.F. S.F. K S.F. L S.F. S.F. 0 P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. V S.F. X _ S.F. Y S.F. Z S.F. (1) Total Existing Hardcover S.F' .F. Excludable Hardcover(See City Code Sec 78-108 ): S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] (4) Total Lot Area 1) S.F. l',E22 S.F. Existing Hardcover Percentage ((3),(4)] iy -% (Proposed Hardcover next page) • FEB 092017 t� Valiance Application-January 2017 # 3909 Page 11 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): • Variance Application-January 2017 FEB u 2017 Page 8 3 9 0 CITY OF ORONO 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 a request, if they do not apply, write N/A in the space provided: T +�5,e_ 5�- a.-} tecci _ I f V1 e..{fC �d Cott I'LL P..40a— 1. "T - property own-r proposes to use the property in, reaso able manne •t permitted by the Zoning Chapter." �. L•i of.y ' I • r ,, A a ' w y lot 5iie, sV2IIME 1411 i.041 2. "The plight of the landownerr is due to circumstances�uni ue tdhiproperty'�� unique 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." 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 FEB a 92017 Variance Application-January 2017 � � w Pegg7 `Uj CI7Y OF ORONO PRACTICAL DIFFICULTIES DOCUMENTATION KEN AND SHERALYN SADDLER 2755 ETHEL AVENUE PC Exhibit o 1. 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. 2. The plight of the property owner is due to the substandard lot size. The lot size was determined many years ago, before current zoning codes and before the current structure was built in 2016. A different, smaller structure occupied the lot prior to 2016. The builder of the current structure conformed to the hardcover restrictions of the zoning code for the substandard lot by maximizing utilization of the 25% hardcover allowance available for substandard lots. The current property owners purchased the home unaware of the 25% hardcover limit and now wish to improve the backyard area requiring an approximate allowance of 30% hardcover,which is consistent with the Tier 2 area of the Casco Point neighborhood. 3. All adjoining lots are designated Tier 2,which allows 30%hardcover. 4. Economic considerations are not a factor. 5. N/A 6. Already in use as a single-family residence, which is permitted in LR-1C. 7. N/A 8. The hardcover restrictions applying to this property are similar to those of other adjoining properties. 9. The standards applicable to this property apply to all properties in the immediate area however,to allow 30% hardcover for this property requires a variance for lot area and width. 10. The property rights of the owner will be diminished if the variance is not granted, as the residence built in 2016 does not have the 30%hardcover allowance of neighboring similar-sized lots. 11. Granting of the variance would not in any way impair health, safety, comfort, or morals and would not be contrary to the zoning code. 12. Granting of the variance will alleviate a practical difficulty by allowing the property owner to improve the usefulness of the backyard area to the same standards as other properties in the immediate neighborhood. FEB 0 9 2017 # 3909 CITY OF ORONO 7T d ti- i �, i.sm !!UM! i �'� #�, .< ``� b. I sr a ti II Z o III fi 1 IIi :i.'''':.‘. VIII MinIII I 1EP ! i LL-ZL- 1 . 1 :-11 . '_ w-- r 1 )7___:11) n u: .0 , I/ / r= !Crri � ` ! 1111 _iI!I i IIf 0111111111111 Ii AN 4_ ' l41— IIIIIII) 1411.1 ; 1111111111111111111-11111111 ' 111l r _ • ©� ��� $ i ; ' 1, �+1�,I ,1111�II 117—10:4.:-;.-. lir lit - •:: IIIINHI r'.■r::! U..::, .:f■ 1 ■•.::il ''.f u-- I )llllllll , I " ill life i� lii iuu. infra � Pi• : 9C !0 ooaQaa; as ;; ;; ; oob _• .�! ,.. •,,, -no c"'' 2 p . `� �� ii CD M O :___-7-7-7_ - - Ethel Street House .. $ 06 1 Orono,MN ��• ?� JIM CLEARY 9- 1. / c EVERIAST 612-868-0748 i verlasten 7:1111410 : o: J tecprises.com t - • — 0/LF., St 1... .n . . . . • ( • ri;11ut�, . fill, ..... - . . : dirif,,,,,'...., .. , 06,_ y y , . _ � . , , st I 44 ,•, tf ''�'.'_- .. g . ,'' tee . � _ °. , 'N4 +i u f • • •• •• a x `P d! .r �R w�• A ti. 0 es) . . . , ... . . L. . ... . .., , ., , ,i ,,,.._,_. . ,,,,,. .,:, , . .„.. . ,• • .. , , 9 ,...... .,..,.. Q .. .. d, • , ..: . „I, -L,....,,.. :,, Nit z. .ba vkP.• t. ,i,W0,4:2?0:7:ir,....o . 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A ,' 114 ki,_ ,.N._ 014, / 4r , / fir7' 111141111r . 4, F 20- -24 1 � es _/ X11 �'.� ----...../4(.....„,<„,,,/ `-\vf� � Ali 1,40 " T;I , , ,, AI P 20-117- = > -1 3-31 lW em I19 : a (te) a ;n w) an 20-117-23-32 a 20-117-23-31x. 1 Buffer Size: 350 feet 0 60 120 240 ft Map Comments: IIIIIIIII 2011723240017 K R SADDLER&S K SADDLER RECEIVED For morentact: 2755 Ethel Avenue Flennepini Countyinformation GIScoOffice Orono,MN 55391 300 6th Street South FEB d 9 2017 Minneapolis,MN 55487 gis.infoehen nepin.us CITY OF ORONO # 3 9 09 copy rues— unuala ` send along line t AVERY®rj TI Use Avery®Template 5160® I Feed Paper expose Pop-up Edge 1 38 20-117-23 23 0003 38 20-117-23 23 0019 38 20-117-23 24 0017 MARY A PETERSON RICHARD A PUTNAM KENNETH R SADDLER PC Exhibit H 6445 VIRGINIA DR 2765 CASCO POINT RD SHERALYN K SADDLER EXCELSIOR MN 55331 WAYZATA MN 55391 2755 ETHEL AVE WAYZATA MN 55391 38 20-117-23 23 0004 38 20-117-23 24 0001 38 20-117-23 24 0018 MARY C ENGER&MARK M ENGER DAVID L RUNKLE DONNA L LILE 2697 CASCO POINT RD 2684 CASCO POINT RD 2765 ETHEL AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0005 38 20-117-23 24 0004 38 20-117-23 24 0019 SHIRLEY A JUNGELS DAVID L RUNKLE ATLAS HOMES INC THOMAS J JUNGELS 2684 CASCO POINT RD C/O MARK WAY 7730 LOCHMERE TER WAYZATA MN 55391 14450 113TH AVE N EDINA MN 55439 MAPLE GROVE MN 55369 38 20-117-23 23 0006 38 20-117-23 24 0007 38 20-117-23 24 0020 STEVEN R PETERSON RANDALL L ENGELHART JEFFREY A SCHUTT 2745 CASCO POINT RD ELIZABETH A ENGELHART PIA E SCHUTT WAYZATA MN 55391 2715 CAROLINE AVE 40 TWIN MAPLE LA WAYZATA MN 55391 CHANHASSEN MN 55317 38 20-117-23 23 0007 38 20-117-23 24 0008 38 20-117.23 24 0021 MICHAEL 0 BASKFIELD DONALD 2&DAWN R HEBIG BARBARA J PALMER SHARON J BASKFIELD 2735 CAROLINE AVE 2710 CASCO POINT RD 2755 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0009 38 20-117-23 24 0010 38 20-117.23 24 0122 CITY OF ORONO LANCE L&RHODA L VICKNAIR DANIEL BUESINO/LINDA RUNNING P 0 BOX 66 2740 ETHEL AVE 2700 CASCO POINT RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0010 38 20-117-23 24 0013 38 20-117-23 24 0025 CITY OF ORONO JACOB HEYDT HARRY E PULVER JR P O BOX 66 2700 ETHEL AVE 105 MEADOW LANE N CRYSTAL BAY MN 55323 WAYZATA MN 55391 MINNEAPOLI MN 55422 38 20-117-23 23 0011 38 20-117-23 24 0014 38 20-117-23 24 0040 CITY OF ORONO LAWRENCE D PILLAR CATHERINE R&JOEL W SHOOP P 0 BOX 66 6827 CARDINAL COVE DR 2720 ETHEL AVE CRYSTAL BAY MN 55323 MOUND MN 55364 WAYZATA MN 55391 38 20-117-23 23 0012 38 20-117-23 24 0015 38 20-117-23 24 0044 CAMILLE M&JEFFREY P COLE JOHN C SWENSON JANET C KAUFFMANN 2776 CASCO POINT RD MARY JO FIEDLER SWENSON 2696 ETHEL AVE WAYZATA MN 55391 2725 ETHEL AVE WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0018 38 20-117-23 24 0016 38 20-117-23 24 0045 REED L LARSON AMBER M PEIFER MARC COHEN 2773 CASCO POINT RD 2745 ETHEL AVE 2697 ETHEL AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 ., Etiquettes faciks a p>eler 1 A` Repllez A la hachure afin del www-ave com 1 Utilisez le gabarit AVERY®5160® de j chargemeent reveler le rebord Pop-up"C 1 1-800-GO-VERY J 1 Easy Peel®Labels i A IMO Bend alongZine to I Use Avery®Template 5150® A Feed Paper expose Pop- p Edge)" a A S960T1" 38 20-117-23 24 0046 38 20-117-23 31 0071 MICHAEL D REVIER MARTI LYNN 2691 ETHEL AVE STEVEN ROBERT GOUDY WAYZATA MN 55391 3750 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0003 38 20-117-23 32 0006 JILL R&WILLIAM H KOCH II BRIAN L&CHRISTINE F SLOAT 3730 CASCO AVE 2824 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0009 38 20-117-23 32 0016 ALISA A MILLER SHANE M WELTZIN 3753 CASCO AVE ELIZABETH H HABERMAN WAYZATA MN 55391 2800 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0010 38 20-117-23 32 0017 PAUL 3 FUHRMAN TAMMY L WOOD'S COLLEEN FUHRMAN MARC BRICICMAN 3759 CASCO AVE 2818 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0011 38 20-117.23 32 0018 DEAN V GREIMANN RANDALL C CI-LESLEY 3779 CASCO AVE MICHELLE ECHESLEY WAYZATA MN 55391 2794 CASCO POINT RD ORONO MN 55391 38 20-117-23 31 0014 38 20-117-23 32 0021 CITY OF ORONO RUSSELL WYLLIE P 0 BOX 66 3799 CASCO AVE CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 20-117-23 31 0015 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 31 0016 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 31 0058 D R WELTY&M M JEN 3721 CASCO AVE WAYZATA MN 55391 RECEIVED 38 20-117-23 31 0066 DEAN V GREIMANN3779 CASCO AVE WAYZATA MN 55391 FEB V f� a L? It e 3909 CITY OF ORONO Etlquettes faclles a paler ; Wile:3 la hachure On de vuww.averyccom Utlllsez le gabarit AVERY®5160® i cha au nt reveler le rebord Pop-up' i 1-800-GO-AVERY Item 5 Date Application Received: 2/21/17 0�> Date Application Considered as Complete:2/27/17 `VO 60-Day Review Period Expires: 4/28/17 To: Chair Thiesse and Planning Commission Members ti o Doug Reeder, Interim City Administrator 1kEsH0 From: Mike Gaffron, Senior Planner Date: March 20, 2017 Subject: #17-3911, Lakewest, LLC, 3245 Wayzata Boulevard - Text Amendment—Allow Interim/Temporary Uses - Public Hearing Application Summary: The applicants have submitted an application(#17-3910)requesting a permit for temporary use of the property at 3245 Wayzata Boulevard for staging of construction activities associated with the County Road 112 (Wayzata Blvd.) Improvement Project expected to begin in 2017. Because construction staging is not an allowed use in any Orono zoning district and is not a permanent use, the only functional method for approving it is via an Interim Use Permit. The zoning code currently does not contain provisions for Interim Uses. The applicants are requesting in this application that the City amend the zoning code in order to allow Interim Uses. Staff Recommendation: Planning Department Staff recommends that Planning Commission discuss the "Interim Use" concept generally. Staff recommends adoption of an Interim Use ordinance similar to that in the attached examples. If Planning Commission concludes that the proposed temporary use for 3245 Wayzata Boulevard has merit, then staff would also recommend adoption of a text amendment to the RR-1B District establishing a (very short) list of allowed Interim Uses, including staging of construction activities subject to appropriate conditions. List of Exhibits Exhibit A. Text Amendment Application& Proposed Use Narrative Exhibit B. Minnesota Statutes Excerpt re: Interim Uses Exhibit C. Sample Interim Use Ordinances(Plymouth, Medina, Minnetonka) Exhibit D. Sample Zoning District Interim Use Text(Plymouth) Exhibit E. Zoning Map Exhibit F. Preliminary Site Use Plan Exhibit G. Plat Map Exhibit H. Property Owners List Background The applicants received preliminary plat approval for a 27-lot residential development of the property at 3245 Wayzata Boulevard in July 2016. Pending more favorable market conditions, they have chosen to not proceed immediately with the residential development. However, they have requested to be able to allow temporary use of the site as a staging, storage and materials } #17-39113245 Wayzata Blvd. March 20,2017 Page 2 recycling yard for the upcoming CR 112 (Wayzata Blvd) improvement project. The highway improvement project under the auspices of Hennepin County, is being done in phases, and could take up to 4-5 years for completion. The Orono Zoning Code does not have provisions for temporary or "interim" uses. Further, the proposed use for storage, construction staging and materials recycling is dissimilar to virtually every permitted, conditional or accessory use in any of Orono's zoning districts. The only remotely similar uses are listed as "Open and outdoor storage as an accessory use" and "Trucking operations", each of which appears within just the I-Industrial District standards, and requires a conditional use permit. The applicants' property is guided and zoned for residential use (RR-1B zoning district,which will be rezoned to RPUD upon final plat approval)and the Industrial District provisions are not applicable. Interim Use Concept Minnesota Statutes Section 462.3597 permits cities to allow"Interim Uses". Interim use is defined by statute as "a temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it". The Statutes indicate "The governing body(City Council)may grant permission for an interim use of property if: (1) The use conforms to the zoning regulations; (2) The date or event that will terminate the use can be identified with certainty; (3) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and (4) The user agrees to any conditions that the governing body deems appropriate for permission of the use. Any interim use may be terminated by a change in the zoning regulations." It is important to remember that a conditional use permit is permanent, and runs with the land,not with the property owner. In contrast,an interim use permit provides the tools necessary to `sunset' a use that may be appropriate for some temporary time period but is not generally appropriate on a permanent basis. Staff has long felt that an Interim Use ordinance would be a very useful tool for Orono,because it provides flexibility but with a high level of City control. Zoning Text Amendment Options In order to allow the proposed staging use on a temporary basis, the code must be amended. Factors that need to be considered include:- 1. A general "Interim Use" ordinance should be adopted that establishes parameters for any interim use regardless of zoning district. This would as a minimum read similar to the statute language above, and might include additional parameters that the City desires. This section would be similar to the City code sections that provide required findings for variances and CUPs. Three example of such an ordinance are attached(Exhibit C). 2. The RR-1B Zoning District should be amended to include a section entitled "Interim Uses" (similar to the `permitted', `conditional' and `accessory' use sections). This would presumably list just the use now being requested, such as "Construction staging, materials and equipment storage, and materials recycling". 3. The listing could/should include a number of conditions that must be met in order to be approved. Those conditions might include, for instance: #17-3911 3245 Wayzata Blvd. March 20,2017 Page 3 • A minimum separation distance from nearby residential structures or lot lines • Minimum lot size • Requirements for site and adjacent road maintenance, and traffic control measures • Allowed only for government sponsored public improvement projects • The Council must have the ability to deny an interim use even though it is listed for a specific zoning district. Item 4 of the statute excerpt would presumably allow the City to find that appropriate conditions cannot or will not be met, and that becomes a basis for denial. Planning Commission should consider whether there are any additional conditions that would be appropriate for this use. Comprehensive Plan Considerations An interim use that might be appropriate on a temporary basis might not fit within the type of uses for which a property is guided in the Comprehensive Plan. So, if an interim industrial-type use is allowed in the zoning code as an interim use in an area guided for residential use, does that meet the standard for being 'in conformity with the Comp Plan'? The City Attorney has indicated that because zoning needs to be consistent with the Comp Plan, the Comp Plan technically should be amended to allow interim uses that aren't conforming to the CMP guiding. This requires further research by staff; potentially some text would be appropriately added to the Comp Plan during its update due in 2018. That should not impact the ability to add Interim Uses to the zoning code now. Public Comments No comments for or against the proposal have been received to date. Notification to all properties within 350 feet of the property was mailed out 10 days prior to this public hearing. Issues for Consideration 1. Does the Planning Commission conclude that the adoption of an Interim Use ordinance would be a beneficial tool? 2. If so, does the Planning Commission find that the proposed construction staging use on an interim basis is appropriate in the RR-1B (2-acre Single-Family Rural Residential) Zoning District? What specific conditions are necessary to ensure that a given property is appropriate for that use? Consider the bulleted criteria above and attempt to put some numerical standards in place that would limit the use to only certain locations under certain conditions (as opposed to merely establishing and imposing conditions on a site specific basis,which could be considered as arbitrary...). 3. Given the three examples from other cities, does Planning Commission have a preference among them as a template to follow for the general Interim Use text? A draft text amendment will be forthcoming. 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends that an Interim Use section be added to the zoning code and that the RR-1B District be amended to include a list of allowed Interim Uses to include "Construction staging, materials and equipment storage and materials recycling" under specific conditions. City of Orono Amendment Application PC Exhibit ❑ Comprehensive Plan I o Ordinance Text / o Zoning Change (check one) Street Address: Application# /7-3 cf/J -$.04}� 2750 Kelley Parkway Orono,MN 55356 Date Received: .1- 2t -/ 7 -a.. Main: 952-249-4600 Staff' fax 852-249-4616 Fee: $700 A I`. ,-1. Mailing Address: P.O.Box 66 Escrow: $700 est` . I.• C' Crystal Bay,MN 55323-0066 Notes 4krSHOV. 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: 3/-76- Gt)ctyz k blvd OE-0/10 NA 553r APPLICANT INFORMATION: IWeck here if Applicant address should be used for billing Applicant: /,kf tuR5 f- U °i,. _. Phone(Primary): ar _ ,,,— ,err Mailing Address: f'/, f• r 2 iMillI ' "%& ZIP: Email: .r ff1,t! ' 'OIL — i_41 i a . ' ,, - f.01 PROPERTY OWNER INFORMATION: IYck here if Property Owner is same as applicant 0 check here If Property Owner address should be used for billing Name: Phone(Primary): -- -- -- -- -- Mailing Address: City: Email: -------------_.__ ZIP: 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: 717/90/ 0/0/7; ?,1, /....r. :Th--- Applicant Signature: Date: Property Owner Signature: 4"; . Date: ,f4/,-P-6/ if:26)/7 Property Owner Signature: Date: (' VCELVED Amendment Application-January 2017 FEB 120 17 Page 4 3911 ' CITY OF ORONO WEU EKE DEVELOPMENT, LLC Conditional Use Permit Application Narrative 3245 Wayzata Boulevard West, Orono, MN 55356 PID: 3211823140002 February 21, 2017 Overview Construction and demolition materials are recognized as one of the largest components of the solid waste stream in the United States. Recycling this material not only makes sense economically, but keeping this material out of landfills makes sense environmentally, as it's a smarter use of resources, saves energy and provides a net decrease in greenhouse gas emissions. In the case of on-site, or near-site recycling operations, further savings are realized in efficient use of vehicles, fuel and manpower, reduced wear on adjacent roadways, and better containment of construction impact from surrounding areas. County State Aid Highway 112 Project is scheduled to begin the spring of 2017 and continue through 2019. The property owned by Lakewest LLC, located at 3245 Wayzata Boulevard West in Orono, offers an ideal near-site staging and recycling location for this project. It is isolated between Wayzata Boulevard (Old Highway 12 or Highway 112) and the new Highway 12 in an area with few neighbors. It provides easy access, ample acreage and minimal preparation to become ready for the contractor. Over the past several years Lakewest has successfully established and operated similar recycling sites in the cities of Golden Valley, Minnetonka and St. Louis Park. Lakewest LLC is seeking a Conditional Use Permit and an Ordinance Text Amendment to allow the establishment of a staging and concrete/bituminous recycling site at this location. We appreciate the City of Orono's help in completing and submitting these Applications and look forward to playing a part in this significant infrastructure improvement for the cities of Orono and Lon? Lake. Curt Fretham CEO, Lake West Development, LLC Office: 952-653-134 RECEIVED FEB 21. 2017 CITY OF ORONO Lake West Development 114525 Highway 7 Suite 265, Minnetonka, MN 55345 Phone 952-930-3000 # 3911 Conditional Use Permit Application A. Contact Information Owner of Record Lakewest, LLC 14525 Highway 7, Minnetonka MN 55345 Phone 952-930-3000 Authorized Agent Curt Fretham, CEO Lake West Development LLC, 14525 Highway 7, Suite 265 Minnetonka,MN 55345, Phone 952-930-3000 B. Site Data Address 3245 Wayzata Boulevard West Orono, MN 55356 Zoning RR-1B One Family Rural Residential Parcel Size 25.8 acres 1,123,933 sq.ft. PID 3211823140002 Description That Part Of Government Lot 1 In Section 32 Township 118 Range 23 Described As Follows: Beginning At A Point In The East Line Of Said Section 32; Note:This is A Partial Mates&Bounds Description. C. Land Characteristics The entire property consists of approximately 28.8-acres of vacant land and a former residence situated between Highway 12 and old Highway 12(also called Wayzata Bluebeard and Highway 112)just West of Long Lake.Access to the property is on the north from Wayzata Boulevard The parcel is made up of roughly 13.6 acres of wetland,5.2 acres of currently developable, non-wetland buffer area,and 10.2 acres of former landfill.Lakewest has been working with the MPCA to determine cleanup requirements for the 10+acres of former landfill—the area has been tested extensively and is currently undergoing further environmental analysis. In 2014 the site received preliminary plat approval for Eisinger Meadows,a 26-lot detached townhome development with an additional 24-unit apartment building under consideration as a second phase. Lakewest has decided to delay this development to allow other developments in the area to become established. D. Intent of the Project In anticipation of the County State Aid Highway 112 Project#091101 the property owner intends to establish a site for environmentally sound processing and recycling of recoverable demolition and construction materials related to CSAH112 and other projects.A Conditional Use Permit is sought to allow staging equipment,stockpiling materials,processing and recycling aggregate and bituminous materials,along with associated construction activities. REC+EIV#�.:w CUP—Page 2 of 3 FEB + 2011 CITY OF ORONO # 3911 Conditional Use Permit Application E. Zoning (For Ordinance Text Amendment) The property is Zoned RR-1B, One Ramily Rural Residential,and guided for high-density multi-family residential development. In order to allow the allow the site to be used for staging equipment,stockpiling materials, processing and recycling aggregate and bituminous materials,and other construction activities an Ordinance Text Amendment is requested. F. Staging & Recycling The staging and recycling activities will occupy approximately 5 acres of the total property (see site plan).Access to the site will be provided from Wayzata Boulevard(Highway 112 or Old Highway 12)at the location established in the Eisinger Meadows Preliminary Plat. A culvert per county specifications will be installed and a gravel access road at least 24'wide will be constructed. A temporary rock stabilization pad of 4-6"of recycled 3"minus concrete will be constructed to accommodate the recycling equipment.Two stockpiles,one for raw materials and one for finished materials will be located at either end of the recycling equipment,truck traffic flowing counterclockwise within the site.Lakewest is currently working with the MPCA to obtain permission to fill an area that will support a large visual and noise- screening berm along the western and southern borders as a buffer to Highway 12. The proposed berm will later be seeded and landscaped as an amenity for the future development. G. Recycling & Processing Operations The contractor operating the site during the CSAH112 project will be responsible for: • Installing and maintaining access to the site in accordance with local governing authorities • Furnishing and maintaining erosion control devices as specified by local governing authorities • Providing sweeping and dust control services as specified by local governing authorities,County and/or land owner • Providing traffic control as directed by local municipality and/or County • Providing temporary and final turf establishment as required by local governing authorities • Maintaining a safe and dean construction site as directed by contractors in-place safety program • Establishing hours of operation in conformance with local municipality • Establishing a lighting photometric plan as directed by local municipality and/or County(if required) H. Reclamation Plan At the conclusion of the CSAH112 Project and/or other recycling projects,the site will be restored to the same,or better,condition as it is now The temporary rock stabilization pad and stockpiles will be removed and the(potential)large perimeter berm will be seeded and landscaped.Eventually the site will be used to create Eisinger Meadows according to the original vision. RECEIVED FEB 11 2017 CUP—Page 3 of 3 CITY OF ORONO # 3911 PC Exhibit B 1 MINNESOTA STATUTES 2016 462.3597 462.3597 INTERIM USES. Subdivision 1.Definition.An"interim use"is a temporary use of property until a particular date,until the occurrence of a particular event,or until zoning regulations no longer permit it. Subd. 2. Authority. Zoning regulations may permit the governing body to allow interim uses. The regulations may set conditions on interim uses. The governing body may grant permission for an interim use of property if: (1)the use conforms to the zoning regulations; (2)the date or event that will terminate the use can be identified with certainty; (3)permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future;and (4)the user agrees to any conditions that the governing body deems appropriate for permission of the use. Any interim use may be terminated by a change in zoning regulations. Subd. 3. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in section 462.357, subdivision 3. History: 1989 c 200 s 2 FY7 SECTION 21020-ADMINISTRATION-INTERIM USES PC Exhibit C 21020.01. PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: Subd. 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. Subd.2. To allow a use that is presently judged acceptable by the City Council,but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. Subd.3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. 21020.02. PROCEDURES: Subd. 1. Interim uses shall be processed according to the procedures and standards for a conditional use permit as established by Section 21015 of this Chapter. Subd.2. Effect of Permit. An "interim use permit" for seasonal farmer's market and produce sales may be issued for a period of up to eight months per calendar year. After the City Council has issued such an interim use permit for the first term, the Zoning Administrator may reissue such permit for up to eight months per calendar year,provided the seasonal farmer's market or produce sale is consistent with the original interim use permit approval, and is in compliance with Section 21460.09, Subd. 2 of this Chapter. (Amended by Ord.No. 2005-01, 01/11/05) (Amended by Ord No. 2011-05, 02/22/11) 21020.03. GENERAL STANDARDS: An interim use shall comply with the following: Subd. 1. Meet the standards of a conditional use permit set forth in Section 21015.02, Subd. 5 of this Chapter. Subd.2. Conform to the applicable general performance standards of Section 21015.04 of this Chapter. Subd.3. The use is allowed as an interim use in the respective zoning district. Subd.4. The date or event that will terminate the use can be identified with certainty. Subd.5. The use will not impose additional unreasonable costs on the public. 21020-1 Subd.6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. 21020.04. TERMINATION: An interim use shall terminate on the happening of any of the following events,whichever occurs first: Subd. 1. The date stated in the permit. Subd.2. Upon violation of conditions under which the permit was issued. Subd.3. Upon change in the City's zoning regulations which renders the use non- conforming. Subd.4. The redevelopment of the use and property upon which it is located, to a permitted or conditional use as allowed within the respective zoning district. 21020.05. CERTIFICATION OF TAXES PAID: Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no delinquent property taxes,special assessments,interest,or City utility fees due upon the parcel of land to which the interim use permit application relates. 21020-2 Medina City Code ( /AA 825.Zoning—Administration INTERIM USES Section 825.73. Interim Uses-Purpose. The purpose of this ordinance is to allow the establishment or continuation of interim uses under specific and regulated conditions. Interim uses may be allowed by permit if the following conditions are met: (a) the use conforms to the zoning regulations; (b) the date or event that will terminate the use can be identified with certainty; (c) permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future;and (d) the user agrees to any conditions that the city council deems appropriate for permission of the use. Section 825.75. Application. Subd. 1. The land owner or user shall submit an application for an interim use permit to the zoning administrator. The application shall be accompanied by the following information and documentation: (a) legal description of the property; (b) identification of the owner and user, if different; (c) survey showing property boundaries;existing improvements,including buildings, parking areas,storage areas,utilities,drainage tiles and wells;topography of the site and area within 100 feet of the property boundaries with contours at 2-foot intervals; significant trees and existing vegetation;easements of record,including the dimensions thereof;and wetlands; (d) site plan of proposed improvements showing all buildings,parking areas,storage areas, driveways,access points,berms,easements,and adjacent public or private streets; (e) floor plans and building elevations,including list of building materials,showing a sketch or computer-generated image of proposed buildings as viewed from surrounding uses; (f) site plan of existing uses on property in non-residential zones adjacent to the site and on property in residential zones within 720 feet of the site,measured at the closest point,showing buildings,entrances and other significant features and illustrating sight lines to the proposed use; (g) proposed grading plan with contours at 2-foot intervals; 825.Zoning—Administration Page 47 of 51 Medina City Code 825. Zoning—Administration (h) soils map; (i) tree preservation plan; (j) landscaping plan,including species and sizes; (k) drainage and storm water plan; (1) utility plan; (m) sign plan; (n) lighting plan; (o) table of all proposed uses by type and square footage,including estimated water and sanitary sewer usage; (p) statement of the date or event terminating the use; and (q) application fee. Subd.2. Upon receipt of an application for an interim use permit,the zoning administrator shall review the material submitted and determine whether the application is complete. If the application is not complete,the zoning administrator shall notify the applicant in writing and shall specify the additional documentation or information that the applicant will be required to submit before the application will be considered complete. When the application is complete,the zoning administrator shall refer the matter to the planning commission for review and public hearing. Section 825.77. Planning Commission Review;Public Hearing. Subd. 1. The planning commission shall review the proposed interim use permit on the basis of the information and documentation submitted by the applicant and any other information available to it. The planning commission shall hold a public hearing on the proposed interim use. Notice of the time,place and purpose of the hearing shall be published in the city's official newspaper at least ten days prior to the date of the hearing. For land located in the RR,RR-1,RR-2 or RR-UR zoning districts,notice shall also be mailed at least ten days prior to the hearing to each owner of affected property and property situated wholly or partly within 1000 feet of the property to which the interim use relates. For land located in any other zoning district,notice must also be mailed at least 10 days prior to the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the interim use permit relates. Subd.2. The planning commission shall review the proposed interim use to determine whether it is consistent with the requirements of this ordinance.Following the public hearing,the planning commission shall recommend that the interim use be approved with conditions or denied. The planning commission shall forward its recommendation to the 825.Zoning—Administration Page 48 of 51 Medina City Code 825. Zoning—Administration city council along with a list of suggested conditions if it recommends approval of the permit. Section 825.79. City Council Review; Amendment. Subd. 1. The city council shall consider the recommendation of the planning commission after receipt of its report and may consider any additional information or conduct such additional review, if any, as it determines would serve the public interest. The city council shall approve with conditions or deny the interim use permit. The city council shall condition its approval in any manner it deems reasonably necessary in order to promote public health,safety or welfare and to achieve compliance with this ordinance. The city council may require the applicant to enter into an agreement including such provisions as it deems reasonably required to ensure compliance with this ordinance and the terms and conditions of the city's approval. Subd.2. An application to amend an approved site plan shall be reviewed under this section in the same manner as an initial application for an interim use permit. Section 825.81. Termination. An interim use shall terminate upon the date or the occurrence of the event established in the permit or upon such other condition specified by the city. Notwithstanding anything herein to the contrary,an interim use may be terminated by a change in zoning regulations applicable to the use or land upon which it is located. Amendment History of this Section February 19, 1985—Ord. 217-A—Amended 825.07 Subd. 8 regarding the definition of a boathouse. Also amended 825.21, Subd. 6 and 825.21 Subd. 8 regarding setbacks in the Shoreland District. June 16,1987—Ord. 224—Amended Subd. 12 of Subsection 825.07 and Subsection 828.25 regarding residential building height. January 15,1986—Ord 226—Amended Subsection 825.19 regarding Accessory Buildings. August 4,1987—Ord. 235—Amended Subsection 825.19 regarding Accessory Buildings February 4,1992—Ord.261 Amended Subd. 29 of Subsection 825.07 regarding accessory structures to an essential service. March 9, 1992—Ord. 262—Added Subd.49.1 to Subsection 825.07 and amended Subd. 29 of Subsection 825.07 regarding Home Occupations. March 9,1992—Ord. 263—Amended Subsection 825.47 regarding the valid time of variances. 825.Zoning—Administration Page 49 of 51 CHAPTER 3: ZONING REGULATIONS Page 1 of 3 Print M iNAVITUI Minnetonka Code of Ordinances SECTION 300.05 INTERIM USE PERMITS 1. Definition and Purpose. a) An interim use is a temporary use of property until a particular date,until the occurrence of a particular event, or until zoning regulations no longer permit it. b) The purposes for allowing interim uses are: 1) To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction; 2) To allow a use that is presently judged acceptable by the City Council,but that with anticipated development or redevelopment,will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district; 3) To allow a use that is seasonal in nature; or 4) To allow a use for a limited period of time that reasonably uses the property where it is not reasonable to use it in the manner otherwise provided in the zoning ordinance or comprehensive plan. 2. Permit Required. It is unlawful to use any structure or land for any purpose requiring an interim use permit in the zoning district in which the property is located without first obtaining an interim use permit from the city. Where applicable, a building permit must also be obtained from the city. 3. Application. An application for an interim use permit must comply with the provisions for a conditional use permit application in section 300.06, subdivision 2, and in addition,must contain the following: a) written documentation that includes a complete description of the use, schedule for commencement and termination of the use,hours and dates of operation and anticipated employment, b) site plan drawn to scale showing parcel and existing topography; c) location of all buildings and the size of each, including square footage; d) curb cuts, driveways,access roads,parking spaces, off-street loading areas, and sidewalks; e) natural features such as woodlands, wetlands, shorelines, etc; http://library.amlegal.com/alpscripts/get-content.aspx 3/16/2017 CHAPTER 3: ZONING REGULATIONS Page 2 of 3 f) landscaping and screening plans, including species and size of trees and shrubs proposed; g) proposed finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated; h) proposed floor plan and elevations of any building with use indicated; i) proposed outdoor storage spaces (if applicable);and j) any special studies requested by the city planner when there is evidence that the proposed use may negatively impact public infrastructure,the environment or adjacent land uses. These studies may examine the impacts on such things as traffic environment,wetlands, and utilities. 4. Procedure. An interim use application will be processed in accordance with the procedure for conditional use permits in section 300.06, subd. 3 and 4.No application for an interim use permit that has been denied wholly or in part may be resubmitted for a period of one year after the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the city council. 5. General Standards. No interim use permit may be granted unless the city council determines that the use will comply with the following: a) the general performance standards in section 300.16, subd. 2 will be met; b) the use will not delay anticipated development or redevelopment of the site; c) the use will not be in conflict with any provisions of the city code on an ongoing basis; d) the use will not adversely affect the adjacent property,the surrounding neighborhood, or other uses on the property where the use will be located; e) the property on which the use will be located is currently in compliance with all applicable city code standards; f) the use is allowed as an interim use in the applicable zoning district; g) the date or event that will terminate the use can be identified with certainty; h) the use will not impose additional unreasonable costs on the public;and i) the applicant agrees in writing to any conditions that the city council deems appropriate for the use,including a requirement for a financial security to ensure removal of all evidence of the use upon termination. 6. Effect of Permit. a) An interim use permit is effective only for the location specified in the application. b) The issuance of an interim use permit does not confer on the property any vested right. http://library.amlegal.comlalpscripts/get-content.aspx 3/16/2017 CHAPTER 3: ZONING REGULATIONS Page 3 of 3 7. Termination. a) An interim use permit expires and the interim use must terminate at the earlier of: 1) the expiration date in the interim use permit; 2) the occurrence of any event identified in the interim use permit for the termination of the use; 3) revocation of the interim use permit; or 4) an amendment of the city code that no longer allows the interim use. b) An interim use permit expires one year after approval if the proposed use has not commenced or a building permit for a structure to support the interim use has not been issued. c) An interim use permit expires if the interim use ceases operation for a continuous period of at least one year. 8. Revocation or Modification. The city council may review an interim use permit periodically and may revoke a permit upon violation of any condition of the permit,any law of the United States or the state of Minnesota, or any city ordinance. If it is discovered after approval of the interim use permit that the city's decision was based at least in part on false,misleading,or fraudulent information,the city council may revoke the permit,modify the conditions or impose additional conditions to ensure compliance with this section. The procedure for revocation will be the same as that for licenses specified in section 700.035 of the city code. (New section 300.05 added by Ord. 2011-19,adopted August 22,2011; former section 300.05 repealed by Ord. 92-621,adopted April 16, 1992) http://library.amlegal.com/alpscripts/get-content.aspx 3/16/2017 PLYMOUTH ZONING ORDINANCE ?k1,/Moi4 �,,��� ��)? PC Exhibit D Subd. 10. Re�taiilcomr�ietcia and personal services in allowed non- residential facilities,p.svided that: (a) Merchan•'se is sold at retail. (b) Personal se 'ces are limited to those uses and activities whic• are allowed as a permitted or pe .'tted accessory use within the C-1 Zoning I . 'Ct. (c) The retail active and personal services are loca s within a structure whose principal use is not ommercial sales. (d) The retail activity an• s ersonal services shal of occupy more than fifteen (15)percent of the gross floor ; a of the buildin• (e) The retail activity and per al serv' es are not located within a structure whose principal use is residential. (f) No directly or indirectly ill . ' ,ted sign, or sign in excess of ten (10) square feet identifying the name : the b • ess shall be visible from the outside of the building. (g) No signs or post of any type adverti • g products for sale or services shall be visible from outside of the building. Subd. 11. Si.1 e satellite dish TVROs greater th one meter in diameter, as regulated by Section 2 75 of this Chapter. Subd. 12 Stables and riding academies. (Amended b Ord. No. 2003-35, 11/25/03) (Amended by Ord. No. 21►•-07, 05/12/09) (Amended sy Ord. No. 2013-11, 04/11/23) 21350.09. INTERIM USES: Subject to applicable provisions of this Section, the following are interim uses in the FRD District and are further governed by Section 21020 of this Chapter. Subd. 1. Commercial dog kennels as a secondary use. (Amended by Ord. No. 2002-02, 01/22/02 Subd.2. Landfilling and land excavation/grading operations involving over 1,000 cubic yards and mining operations,as regulated by Section 21185 of this Chapter. Subd.3. Living quarters which are provided as an accessory use to a principal permitted or conditional use listed in this Section, and which are located within the principal building,provided that: 21350-4 PLYMOUTH ZONING ORDINANCE (a) The living quarters shall not be used as rental property. (b) A maximum of one such living unit shall be allowed. (c) There shall be a demonstrated and documented need for such a facility (e.g.,nanny, caretaker,security). (Amended by On!. No. 2009-07, 05/12/09) 21350.11. US.S BY ADMINISTRATIVE PERMIT: Subjec to applicable provisions of this •ection, performance standards established by Chapter, and processing requirem- •ts of Section 21025, the following are uses al •wed in the FRD District by administrate e permit as may be issued by the Zoning A• • istrator: Subd. 1. An• •• located upon an existing struc or existing tower, as regulated by Section 21175 •f this Chapter. Subd.2. Essenti• services requiring a permit • • provided by Section 21160 of this Chapter. Subd.3. Essential se ice structures (as •-fined by Section 21005 of this Chapter) that do not exceed five fe in height or 2#• _ feet in area, necessary for the health, safety and general welfare of , e City, excl a'•g public works type facilities and uses,provided that: (a) Equipment is completely ncla sed in a permanent structure with no outside storage. (b) Landscaping is provided to ' - -n any such structure. Subd.4. Outside, above gr.und sto•: :e facilities for fuels used for heating purposes; outdoor generators for n• -residenti: uses; and outdoor equipment for dispensing fuels to vehicles or contai•-rs used in c• junction with an approved principal use, but not for sale. For non-resi• ntial uses, suc features located less than 200 feet from residentially guided or zoned •roperty shall req • approval of a site plan (or site plan amendment) for a major pro.- t, pursuant to Secti• 21045.05 of this Chapter. All other such requests shall be su.,ect to approval by adm istrative permit, provided the following criteria are met: (a) The design, c•nstruction, and location of any ch features shall comply with State and C. codes including appropriate •tional Fire Protection Association sten ds, Minnesota State Fire Cod- requirements, and manufacturer's s•- ifications. 21350-5 i .. -,- ,• - � y bCityof OronoPc Exhibit -- • [ i 1 1~' a ` / �'�� 1 .._,_tet. + ,�: ___I- pit. �. �' • i �-� `,r- ��I i' , 71'-�� KR-1 Itip s_ _ _ S-� , � � � � ZONING MAP v_ , _ +.r . ■m ,_ .� out '� % ! / ,iLf'I� r rte. --; r- <:•, a.1l9f.. illi ,-4.--7..... I_. - �_ �� - �=-.111 R ���' `,� —� Li .�.,_ t G.' LONVGLAkt �� -' `�T1I �I}4t i i t•-•......---•,..," ¢}.__._, `, ., . : v� J m��� �ONINGDISTRICTS Rural Residential ,V"-- �_ �e '-----:'-r- Ir_ i i 1 y,. rm L 1A I i I Buskwss a-• 1.i L"`_.�.` �'. _,; Mk\._ �� mei - r B1-Retell Sales RR-7A-One Runty Rural Residential-6 Acres E v I I - I _'I' } y�-i T- S .� _`_ t s- Family Residential 2 Ayes a _ t: 1 ,Y l' ( j r- '��IF i �1-. \ i �' �73�(.:R_ Lakeshore Lakeshore Residential ml Rural I . . t : .. + I� .7� �,f, a 1,, .`� i -- = Shopping _� LR-1A-One Fundy Lakeshore Residadial-2Acns I i J0L • � �+ ila �"� LRD85-IJmlOed Ndghbahood RiW! F ■ .4% ® LR-?Cr ! 1 f I� .'I ` 'w 11z �r� 1 ^ � . I � � ' B8-HlphweY Commercial ' 1 C-'- �• ! it �- I�l. 1 I r• 'Pair �+ i:' J1 111 iwinID� i ^!��� _ ���� 4, . .-,_. \ I 1t —__. ( 1 H 1�!i1 /' "0:1,pg. „kermall■r S1t ;i Ps' .,�/ ;�,��1F R'° Highway mmerdd PUD Residential R-I Co ill ' ;._ 1 X11 �." • - '1- �•- .�41� /r4 pl. r1. . pr., �� ,' �.�� i R-1A-Or>lFamilyRNktwltld•1 Acte iB t�` +_ 1 + �lr ��•�*M■����I1f1�1�r� �� ��li {__I 1-Industrial El R-7B-One Family ResiderRld-1/2Acre ii j �,� �; + afa�� 'I,r_ ' l • \'I' �•� R.cntaao11.1 PlaeradunhD.velaptt>ent ■ 1)-Lt-• i - ►•,.;1 ■ ■awn��� �` �`I4,I� RB-Seasonal faaveaeond `�► 1r' RPUD•Residential Harried Unit Devalopmerc -1lir.. S7TJIas '� Mast"� �'�• ar ri'� RR-1B PUD , `'' �rBAY _�;i ' '��iT•a' '��i���' 7911111111 _ 117.4111rI � `� N �.D PRO-Ple.,edRealdallnroa�lopmer,t • r . Fall �' 1-7: 1 -' • / `-��I y. I; \/ outer The Zoning Designations on this map are a representation of a complete Cit of maps, gm.R11-1 131 ° 1„-.... ; --�� ! �,1M1I �� ,— --1 =.„- ��-�I _, ordmanances and City Code requirements which make up the complete City of Orono -i I ] 1, t++•• -i---4,74.-`4- - \���r�! '.� ParON B01R1 ikti_ �a f / ��_` /�\ Y Zoning Regulations Information on Planned Development is available at City Hall. All 1 swoon 8qnZoning requirementsg designationsspecific properties are subject to change. 11 1,f / mr/R FN --.....-- 1‘13 t jr• r Mr ` --,C BROW �' n and Zoning onp pe l Ai _Y.} I -.- -- . • ,,•� ism 1 )• R 1 Water For updated Zoning information, lease contact the City of Orono Planning&Zoning r �� ,- \[ L:..,. N4XWBifl V f �i �R �� - 1 . ��•.`t BAY • Y D 9 p ' A .NI 1 _ t%_ f,�r V;F ...,, JAr• �1'' •012% 4 r ., 6.2 S +'W B ry Department at Planning�cl.orono.mn.us s call 952 249.462(1. ,-,i---:*:% ” .-'��+ �', _ 1 t4��� • I �' • Jr• Data Sources:Zoning dela created end maintained C of Orono Planning and Zoning Department Parcel data -:.,r;•-• _a,_ `C'. S �, 4.--.--v-r,...., 1 n 1 . ` 1 �' 3 obtained from Hennepin Countyby @Y ng �� �-' 7✓1�ayer Division.brae vested by Bsneatroo. i' _C• _c' ,;*/] \ LR•1C 1' ,� .-_�-'�'' he rite 1 �.a��y:- • lye . L,t ply? `i... •�/.� 11'1 41* !7 - \ ,..,,,,,_,. .._ . l �., "* 1.!, "".' 1:- ( °` - is, , Q3'S74L 74 WEST ARM 1 SA2 `.:. '��•-F ! i ;F:1 is' • 0.5 0.25, q-, , Nies ••=:0 0.5 �.1 i >/ t4e� 1 /,. �lVIYPl1DMf /MIR w�5 -� y.. _ - Feet L ��aw �� I I 3000 -1500 r1.-:--,-.: . . 3000 _i r -r 1 j _: a INSET 2 it *- °y?.... _ -----_/ I r �, ,.,� r --...1/4 -—- -- /fJ f -{1 -� \ /�• ref --"-f ~ i�"' �-.- - -/ ,,, ),_... ...0,-...,.; IL-ism. iiiiir._, - pRD, ,P /1 i cm:14, ,• .Alet...,$.. .. ..., , .. r MY ',f•- ii.• '2.•,'•ii n-ze.<-If .71 . �... _ 1.,. {p `y>. _ •I f r �•1'•1J �,- _.__ j....22. /r PIE■�L__y:�_i `�.�_ �" MAP RR • ``.. i LR.1C \:' / 1g. , Bonestroo K:\139\13909000\gis\Projects\ftg3b-8 zoning.mxd + MAY 2009 VVAYZA TA BLVD PC Exhibit F LEGEND I i UTILITY Pala --- _ • - - Eirl FIRE HYDRANT111111T21= -._..__ . ii., MING=TOUR Y. h AY!," '► ! aWS T 10 CII w�psr 4YHs 'a ovEiuIEAD r , e+e WATER/INN N •.ti I _11Cdie.Bei _ 1T. TO E1GSlMC , - SANITARY SEWER r a I I I �o 1 SRAM 1AEMI7I I I -J' COSTING IMMO MIDI $' I •, „, f. \\ C"; (7\-\-- �� �� � L - J `', //! _ ■ $ stit-s IRO .,4)" •ELECTRIC METER/DOS Si. ‹e*- : - I ,-,>, +.i / /, / �' APRED'TO US FROM INVENTORYNURSER/ROM A TRU no�norVa� C - - --- ---� !r,'_ _____Z,,,,ly // /!. / /` - . cum ____SMOCK LABS r' L r all — . `' DRAW=t MUTT E1iS�ElR y� ` 3 ,L.. ..:k ;RiETwA IMPACTED/�► AREA r ' I 11.1.140,. .16.____i T--,f� _ �_ �ter..,.. `+�t........\ �< ��?r 7 CATCH BASIN i 1~� I r My `*._ • `• •f'F . • . . �,,�� °,: a ".4t 1=, SANITARY SERER MANHOLE ! 1• / / U \ r,{l ` ��� ��. 10 • • \ ,- / POREit PONE AIA RWERHEAD PARES 'l, i._ . /r' A"OY� • • 4: :-t 0. ' 12 ��.,� '' )...„,?,('•:.. �;'`'N e ;)j , \ - FENCa • N / ' •a. 5 Y ORAvft /j , - . f ' s.,..- , 1t ��islAcsf' L ) -} -` LR1{�%� �l�� I� ooNCReTE SURFACE / i �.syr �l` * �� PROPERTY EXISTING� r''''.--( •/ > . ' ," N %`� PRELIMINARY SITE PLAN >--STORY SERER - ' • mss:9 ' . K �+ c—TATER MA•I 4 Jto AN ` ,.J' st „' , ai v`"ACZIt�� Vt - DRdD110U5 SIMDE TRIS ! I 2. cc -C�{otv Zil/YA{j�/i. ''~ �OECIDIIOIS SHRUB 1 • .r,011P PR P� Ta,R A ii; 3. CoNs ue-nom FMTR e_-R(��//�� (/�lEhl `,��1Jx1011.2 PROPOSED SPOT ELEVATION. l `' - ' •1CUL`�s •cill\ s �, sM iu A1i✓N 1 t - SEM MINI1 . 7z>�xt M�4TINAL.— `tie.-Kt cc.� 't �. ` l!`ll5t#Ep-Pf.DDt11tT-sT� ttE- 1i. td g. 5C�?ELNItic, ruFFA. s31\it 9. remrG RY J& ttN[-f• tfl( '&ySIA1tY t RIATT7TIWN NOTES ♦ a 11. ALL PVC WATEIANt1 SHALL BE AWSA C-900 OR C-905 DRIB UNLESSAT •'_ OTHERWISE NOTED. 11 ,,,_2 ALL PVC WIITARY SEWER SHALL BE SUR 35 UNLESS OTHERWISE NOTED. 3. SANITARY SERVICES SHALL BE 4" PVC SCHEDULE 40. \4. WATER SERVICES Stall BE 1" T1�PE 'YC' COPPER MWITH 1"CORP. •�,� \''' F 1 5. CONTRACTOR SHA.L INSTALL HYDRANT EXTBNSIOINS AS NECESSARY \ 1 - 1 WHERE WAI HAS PEEN LOWERED TO AVOID CONFLICT WITH OTHER \ ` ,� \, __ 4 RUMS. EXTENSIONS SHALL BE CONSIDERED INCIDENTAL TO HYDRANT Cosi'. I ,i 5. ALL SERVICES MALL EC EXTENDED 10' BEYOND PROPERTY Ut4E • I g 7. ALL HYDRANTS AND VALVES SHALL BE ECIU PPED WTIH STAINLESS STEEL • 3 BOLTS CORE BLUE OR EAUNALENT FLUOROCARBON COATED BOLTS SHALLN- t ' li BE USED FOR ALL%KIERNAN FMCS. • • 0. ALL SHALL RE WRAPPED W TH 8 MIL POLY AND POLY TAPED ` iiN • RECEIVED AT ALL JOINTS. FEB1L ALL PVC kHDPE WATERIMRR t ALL SERVICES SHALL BE LAID MITH `.` E 2 1 2017 TRACER WIRE PER CM' STANDARD DUAL PLATES. IJ .1 e 11. NSTALL HYDRANTS 5 FEET BEELINE CURB. • - i/ A 12. r OR 1 r HYDRMTf EXTENSIONS ONLY. P HYDRANT EXTENSIONS ARE 3 9 1 1 USED, CITE VALVE NUT EXTENDERS MALL BE REQUIRED. •:•�.•+�• ....••0.�...•r+P6,t CITY OF ORONO _ .... ' w•—AMIA MT I reran certify that thr Nt•e+•+Ib•Y•+ PRELIMINARY SANITARY SEWER& ' m^IJ7p1A Rtsr w�ADD IMP WE t 9YrA1W`"'IE " CAMPION ' " ''""° `"° ""g Fa t p by me EISINGER MEADOWSPROJECT NO. . HOG Blas peer odor. anti'mJ s.at•AwMNteA ant tha ENGINEERING KO. AIN OWE I am a u r....t P1.r.1..I r,1.1.� WATERMAIN PLAN 15-039 SERVICES.INC. 'w-+7•-11'A • +a•�-d*• of Im....t. LAKE WEST, LLC L- XL I G'E'E ° 'GN B x _„c l WWI -- ORONO, MN SHEET NO. 5 OF 12 SHEETS 6 3/23/2016 RECEIVED ,,, ,r,fn Hennepin County Locate & Notify Map FEB 2 2017 Provided By: Resident and Real Estate Services � Date:212, _ - CITY C PC Exhibit G 29-118-23-44 28-118-23-33 28-118-23-34 29-118-23-43 f/ .;., cirorc; :d aai Recr,.aticir:3 ss. r usan E L4rtor. Pee- 32-118-23-12 32-118-23-11 33-118-23-22 33-118-23-21 'NN' N 1 1 '32-1 30 32-18-2 -118-23-23N4\j 33-118-23-24 u 32.118-23-13t:s: N 8.•3- a -118.23-23 33-1tr3-Z4�! . I 32-118-23-42 32-118-23-41 33-118-23-32 "7„,...„...-11 33-118-23-31 „,,,.,+ 4 1 :.+..” 33-118-23-33 t 32-118-23-44 33-118-23-34 32-18-23-43 32-118-23-44 33-118.23-33 • I Buffer Size: 350 feet 0 245 490 980 ft Map Comments: I r l r i , r r i 3246 Wayzata Boulevard West Orono For more information contact: MN 55356 RECEIVED Hennepin 3211823140002 ggCounty t GIS Minneapolis,MN 55487 FEB 2 7 2017 gis.info@hennepin.us CITY OF ORONO # 3 9 1 0 11.16.17 •PIN' ''""'a" sena along line to 1 Use Avery®Template 51600 Feed Paper sl..d expose Pop-up Edge1v AVERY®5960n 38 32-118-23 11 0001 38 33-118-23 32 0005 BARBARA LUPIENT CITY OF ORONO C/O LUPI ENT AUTOMOTIVE GRP PO BOX 66 7100 WAYZATA BLVD 4200 CRYSTAL BAY MN 55323 PC Exhibit H GOLDEN VALLEY MN 55426 38 32-118-23 13 0001 MN DEPT OF TRANSPORTATION DIRECTOR OF R/W OPERATIONS 395 JOHN IRELAND BLVD STPAUL MN 55155 38 32-118-23 13 0003 ANNE MAHDAL BARAN 480 STUBBS BAY RD LONG LAKE MN 55356 38 32-118-23 14 0001 LAKEWEST LLC 14525 HIGHWAY 7 4265 MINNEONKA MN 55345 38 32-118-23 14 0002 LAKEWEST LLC 14525 HIGHWAY 7#265 MINNEONKA MN 55345 38 32-118-23 21 0006 BN&SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 32-118-23 41 0002 MARGARET A BUSCH 8588 CHESHIRE PKWY #2217 PLYMOUTH MN 55446 38 33-118-23 23 0002 ROBERT E&KATHRYN G DUMAS 3025 WAYZATA BLVD BOX 607 LONG LAKE MN 55356 38 33-118-23 31 0010 B N&SANTA FE RR CO # 3910 PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 33-118-23 32 0002 BN&SANTA FE RR CO FEB 2 72017 PROPERTY TAX DEPT 1 L PO BOX 961089 FORT WORTH TX 76161 CITY OF ORONO Etiquettes fadles a peler Sans de Rennet a la hachure afin dei www.averycom Utilisez le gebarit AVERY 51600 chargemem reveler le rebord Pop-up"c j 1-1100-GO-AVERY Item 6 Date Application Received: 2/21/17 Date Application Considered as Complete:2/27/17 60-Day Review Period Expires: 4/28/17 A a To: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator ESHO�``` From: Mike Gaffron, Senior Planner Date: March 20, 2017 Subject: #17-3910, Lakewest, LLC, 3245 Wayzata Boulevard - Interim Use Permit: Temporary Site Use for Construction Staging - Public Hearing Application Summary: The applicants are requesting that the City approve a permit for interim use of the property at 3245 Wayzata Boulevard for staging of construction activities associated with the County Road 112 (Wayzata Blvd.) Improvement Project expected to begin in 2017. This application can only be approved if the companion application for establishment of an Interim Use Ordinance is approved. Staff Recommendation: Planning Department Staff recommends approval of an Interim Use Permit for this site subject to specific conditions. List of Exhibits Exhibit A. Application Exhibit B. Preliminary Site Plan and Proposed Use Narrative Exhibit C. Public Works Director Comments Exhibit D. Fire Chief Comments Exhibit E. MCWD Permit Exhibit F. Hennepin County DOT Permit Exhibit G. Plat Map Exhibit H. Property Owners List Background The applicants received preliminary plat approval for a 27-lot residential development of the property at 3245 Wayzata Boulevard in July 2016. Pending more favorable market conditions, they have chosen to not proceed immediately with the residential development. However, they have requested to be able to allow temporary use of the site as a staging, storage and materials recycling yard for the upcoming CR 112 (Wayzata Blvd) improvement project. The highway improvement project, under the auspices of Hennepin County, is being done in phases, and could take up to 4-5 years for completion. Staff for the last few months has been receiving inquiries from contractors searching for a staging area for the highway project. There appear to be few suitable options. This site would appear to score high marks in terms of such a use: #17-3910 3245 Wayzata Blvd. March 20,2017 Page 2 - It is open and relatively flat; - It has good accessibility to Wayzata Boulevard; - It is large enough for the intended activities; - It is relatively remote from nearby residential development (700' to home to the NE across Wayzata Blvd., 1000'+ from any homes to the SW across the freeway, so that the potential negative impacts such as noise, vibration, glare, dust, etc. should be minimal as compared to most other locations within the Wayzata Boulevard corridor. Interim Use Permit Conditions Under the assumption that an Interim Use ordinance is adopted, and an Interim Uses listing is added to the RR-1B District standards which includes the proposed use (potentially listed as "Construction staging, materials and equipment storage and materials recycling"), it is anticipated that a list of required conditions for the use at any location will also be listed, such as: • A minimum separation distance from nearby residential structures or lot lines • Minimum lot size • Requirements for site and adjacent road maintenance, and traffic control measures • Allowed only for government sponsored public improvement projects Additional site-specific conditions should also be considered in approving the proposed construction staging use. Planning Commission should review the applicants' narrative describing the intended activities to be occurring on the site. The portion of the site proposed for construction staging at 3245 Wayzata Boulevard is primarily over the closed landfill area of the property. The landfill has been closed for many years and is relatively open and flat. Layers of clean fill over the landfill were added by the former owner in order to establish a suitable cap for the landfill and assure appropriate runoff characteristics. The current owners have had borings done in the landfill area in order to determine the stability and extent of the landfill as well as what materials might be encountered if a future phase of residential development is ever proposed. This information was obtained as part of their 2016 residential development proposal. It should be noted that the area which gained preliminary approval for residential development is not within the proposed temporary staging area. The proposed site use plan (Exhibit B) indicates the proposed rock construction entrance to be located where the approved future residential access would be located. This access point has been approved by Hennepin County as a temporary construction access(see Exhibit F). The Minnehaha Creek Watershed District has approved an Erosion Control Permit for the construction staging activity(see Exhibit E). The Long Lake Fire Chief has indicated no issues with use of the site for construction staging. Orono Public Work Director Adam Edwards has indicated this location is likely as good a location as the contractor will find for construction staging(see Exhibits C & D). The site plan suggests that temporary lighting will likely be employed, and it is likely that to minimize impact on traffic flow, some work on the highway improvements will be at night. It would be appropriate to establish that any temporary lighting be downcast and directed away from residential areas. #17-3910 3245 Wayzata Blvd. March 20,2017 Page 3 The site plan indicates a proposed visual and noise-screening berm along the west and south boundaries of the site. Applicant is working with the MPCA to establish parameters and obtain permits for this berm,which will become an amenity for future residential development. The City will require a grading plan be approved for this, and it potentially will require a Conditional Use Permit based on the volume of permanent fill material. The applicants' narrative suggests that this site might be used as a recycling yard for projects other than just the Wayzata Boulevard improvements (see Narrative). This could put a different slant on how the site is intended to be used. The applicants should describe what is actually intended, and how the contractor or Hennepin County expect to operate this site. Will materials from other projects outside Orono be brought onto the site and not used for Wayzata Blvd. purposes? Will materials from the Wayzata Blvd.project be recycled and head out to other projects not in Orono? Is it the City's expectation that this site is intended to be in use exclusively for the Wayzata Blvd. project and not as a regional recycling yard for other projects? We do not want this industrial- level use at this site to become a regional activity, and we want it to have a definite end date commensurate with the end of the Wayzata Boulevard improvements. Public Comments No comments for or against the proposal have been received to date. Issues for Consideration - Does Planning Commission have any specific concerns with the location of this site for the proposed use? - Does Planning Commission have any specific concerns with the level or type of activity that is likely to be associated with the proposed use? Is the use intended to be specific to the Wayzata Boulevard improvements, or is it intended for other projects? - Does Planning Commission have any specific concerns with regard to the duration of the proposed use — is 'the date of completion of the Wayzata Boulevard improvements' a suitable termination date for the activity, or should it be further limited, such as requiring an annual review and/or annual approval of an extension? - Are there any other issues or concerns with this application? Staff Recommendation If Planning Commission concludes that this site is appropriate for the proposed use, staff would recommend that an Interim Use Permit be issued subject to at least the following conditions: 1. Establish an end date of the use to be no later than completion of the Wayzata Boulevard improvements. 2. Use of the site is intended solely for activities related to the Wayzata Boulevard improvement project and may not be used to support other projects. 3. Use of the site shall be subject to Orono Code standards with regard to noise, lighting, dust control, street maintenance, etc. 4. Appropriate permits to be obtained from Hennepin County, Minnehaha Creek Watershed District, MPCA, and any other agencies or governing authorities as may be required for activities on the site. #17-3910 3245 Wayzata Blvd. March 20,2017 Page 4 5, Construction of a proposed permanent screening berm along the south and southwesterly boundaries of the site will require conditional use permit application and approval. 6. An annual review of the interim use permit shall be conducted to determine whether the use remains acceptable during the duration of the Wayzata Boulevard improvement project. 7. Any other conditions that Planning Commission and Council determine should be included. City of Orono Conditional Use Permit Application PCExhibit A ^ Street Address: Application# /7- 39/D (t /�0 Orono, Kelley Parkway _ " Y Orono,MN 55356 Date Received o7-a/-/7 • Main: 952-249600 Staff Nilli fax: 952-249 4616 Fee $700 • ,, -� Mailing Address: Escrow' $700 I NA ^1J 'S� P.O.Box 66 A�� G� Crystal Bay,MN 55323-0066 Notes U 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: 324C Wayza{ .—Nvice1 Ok MA 6-53 r DESCRIPTION OF REQUEST; OUP- V k gmnq 4' 1 t ecya/,iYi€.. (attached ad tion I sheets dt neces ary) APPLICANT INFORMATION: Wcheck here if Applicant address should be used for billing Applicant: kat'Fw 1- 1-1-(..- Phone(Primary): -0 i- r_mI Mailing Address: 4 5 g4cy moi' - ;7 ,rj " City: 'U961c i ZIP: 56Email: 04(f Gv 1w 4-de , (Tovn doll() 1 stcleY (?om PROPERTY OWNER INFORMATION: �eck here if Property Owner is same as applicant ❑check here if Property Owner address should be used for billing Name: PA j) t LIX Phone(Primary): q52-930- an Mailing Address: _ i j , 4 t ' - ' C.� , � ��_� ZIP: _ ..r Email: 1�ud- @ILwe ev,eon� OM •jwe51- eY, Crnrt1 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 verfication 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 m 'I. Applicant Signature: - �� Date: 0.2/2o�aol7 Applicant Signature: Date: / • Property Owner Signature: .6:; t�--J Date: (�l/d?U` O(7 Property Owner Signature: Date: ` l CUP Application-January 2017 RECEIVED Page 4 FEB 21 2017 # 3 9 10 CITY OF ORONO r WAY7.ATA BLVD 1 ._ ... .. --- .- _ __ _ _. ...._ PC Exhibit B LEGEND I . 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V_ • MN 4It- -%p .•' -_ 1 Nimigiff- �� 'f' � // r SOIL(KNOW / �� ��lag-- • * w ^`t \ 'fi-�---� rV,•r.� L CATCH DAMN t 1 r w 0.4.14, ' • \�� \. a l'Ee ''A \`' SANITARY SEYRR MANHOLE l i /41/ .+no W/ ., +,•cam \� U • �. •. .o •;•.• ;,, \` POWER POLE AND a VE1alEAD WIRES �•, / •'6" �.r M •4�\ • it \ " , a i i? \ e '" -�\ ,K..; FENCE r 1,' /_) AT �I / S .. , •e>l• - `�<-• .- ` ` l` ` . CONCRETE SURFACE / • RS \ ,\ = — ..'' a �� • .,;L EXIETIN iR1E UNE �;�.f ,) �~. , ,�' `ti 'o�� PRELIMINARY LSE SITE PLAN >--SALARY SEWERr�� PUJ: INC 'Si i - --'--STORY M NE �.:! + - -- t. C-, ttet Srr-� WATER YAM —� ` A I • 0 =mous TREE + , • DRS000115 MEWI2. ACC Esc:.- i YEL zil'Niq tom--' {-ic_ 1 41 1,°a--pg..ED comuR /( . • 1.6"1"."--41 ` 3. L'ONscRV .Ttor4 pir �..- (1,1Ew cultERE) x1011.2 PROPOSED SPOT ELEYATON. \ - -- ! 1f ' 1 15 a '�Aw M�4T�1�4G.— v`C� tc.f 't f • (p. LAitistf ED-F'FDDI�et -STm[p I /',‘. 1 ‘ 4 • - —.......� 7. 51 LT Fate . \ ( ) $. 3CR EEN I T(c- cotFFEK_ • F 1 9. r�pIRY L16(fT-cntCY S1rhRY & WATD1g1A1d 1 2. "�' tA i I PV 1. ALL C WATErDIA•I SHALL BE AWWA c-Sao OR C-905 DRIB UNLESS OTHERWISE NOTED. N 2. ALL PVC SMEARY SEWER SHALL BE SCR 35 UNLESS OTHERWISE NOTED. ' : i 3. SANITARY SERVICES SHALL BE 4" PVC SCHEDULE 40. \Lormsomppilimi•MBI • 4. WATER SERVICES SHALL BE 1' TYPE "K" COPPER WITH 1' CORP. �� I I S. CDNTRWZR SHALL INSTALL NYDRNJT EXTDr5IDNS AS NECESSARY 1 WHERE WW HAS BEEN LOWERED TO AVOID CONFLICT WITH OTHER � • UTILITIES. EXTENSIONS SHALL BE CONSIDERED IN CIDENrAL TO HYDRANT N-, � ; COST. 7R .k 0 8. ALL SERVICES SHALL BE EXTENDED 10' BEYOND PROPERLY UNE \ _ j`' ' BLUALL HYDRINTS E E t�im►ALErrr MU wE0110 EQUIPPED WITH coATEn""'e�oL,s s SS `HALL 144.. `�,,, RECEIVED N BE USED FOR ALL WATERIANN FT IMS. • • 5. ALL DF KM SHALL BE POLY WRAPPED W M B NIL POLY AND POLY TAPED ! i AT ALL JON[TS. `•�• FEB1 S7 11 • O. ALL PVC & HOPE WATERMMN &ALL SERVICES SHALL BE LAD WITH EB 21 2017 TRACER WIRE PER CITY STANDARD DETAIL PLATES. ` IV, Ii. 1ISTALL HYDRANTS 5 FEET BEHIND CURB. 3 9 1 0 12. 6" OR 12. HYDRANT EXTENSIONS ONLY. F HYDRANT EXTENSIONS ARE USED, GATE VALVE NUT EXTENDERS WU BE REQUIRED. ��`��•--....- w-14 CITY OF ORONO 1 N CAMPION •CMIEn91n..t1n9•Land Piamip report Mw b �b,roe or EISINGER MEADOWS PRELIMINARY SANITARY SEWER& PROJECT No: Prow N C•.w, - - s.et wwwl awl apt ENGINEERING P.O.P, P S„� I.�•"3r r1,r.R LAKE WEST LLC WATERMAIN PLAN 15-039 SERVICES, INC. Fre OTs-4412 "''"H" d 1M 91•M d Minnesota c' E-Y•6 inearelriloraPloaraoun yr th P.C„#,,, {iltr—W ORONO,MN SHEET N0. 5 OF 12 SHEETS 03/23/2016 LAKE EST .........._ DEVELOPMENT. In Conditional Use Permit Application Narrative 3245 Wayzata Boulevard West, Orono, MN 55356 PID: 3211823140002 February 21, 2017 Overview Construction and demolition materials are recognized as one of the largest components of the solid waste stream in the United States. Recycling this material not only makes sense economically, but keeping this material out of landfills makes sense environmentally, as it's a smarter use of resources, saves energy and provides a net decrease in greenhouse gas emissions. In the case of on-site, or near-site recycling operations, further savings are realized in efficient use of vehicles, fuel and manpower, reduced wear on adjacent roadways, and better containment of construction impact from surrounding areas. County State Aid Highway 112 Project is scheduled to begin the spring of 2017 and continue through 2019. The property owned by Lakewest LLC, located at 3245 Wayzata Boulevard West in Orono, offers an ideal near-site staging and recycling location for this project. It is isolated between Wayzata Boulevard (Old Highway 12 or Highway 112) and the new Highway 12 in an area with few neighbors. It provides easy access, ample acreage and minimal preparation to become ready for the contractor. Over the past several years Lakewest has successfully established and operated similar recycling sites in the cities of Golden Valley, Minnetonka and St. Louis Park. Lakewest LLC is seeking a Conditional Use Permit and an Ordinance Text Amendment to allow the establishment of a staging and concrete/bituminous recycling site at this location. We appreciate the City of Orono's help in completing and submitting these Applications and look forward to playing a part in this significant infrastructure improvement for the cities of Orono and Lon Lake. I7j(-/- . Curt Fretham CEO, Lake West Development, LLC C[CGJ VED Office: 952-653-134 FEB 21 2017 MY OF ORONO Lake West Development 14525 Highway 7, Suite 265, Minnetonka, MN 55345 Phone 952-930-3000 # 3 9 1 0 Conditional Use Permit Application A. Contact Information Owner of Record Lakewest. LLC 14525 Highway 7, Minnetonka MN 55345 Phone 952-930-3000 Authorized Agent Curt Fretham, CEO Lake West Development LLC, 14525 Highway 7, Suite 265 Minnetonka, MN 55345, Phone 952-930-3000 B. Site Data Address 3245 Wayzata Boulevard West Orono, MN 55356 Zoning RR-1B One Family Rural Residential Parcel Size 25.8 acres 1,123,933 sq.ft. PID 3211823140002 Description That Part Of Government Lot 1 In Section 32 Township 118 Range 23 Described As Follows:Beginning At A Point In The East Line Of Said Section 32; Note:This Is A Partial Metes&Bounds Description. C. Land Characteristics The entire property consists of approximately 28.8-acres of vacant land and a former residence situated between Highway 12 and old Highway 12 (also called Wayzata Bluebeard and Highway 112)just West of Long Lake.Access to the property is on the north from Wayzata Boulevard The parcel is made up of roughly 13.6 acres of wetland,5.2 acres of currently developable, non-wetland buffer area,and 10.2 acres of former landfill. Lakewest has been working with the MPCA to determine cleanup requirements for the 10+acres of former landfill—the area has been tested extensively and is currently undergoing further environmental analysis. In 2014 the site received preliminary plat approval for Eisinger Meadows,a 26-lot detached townhome development with an additional 24-unit apartment building under consideration as a second phase. Lakewest has decided to delay this development to allow other developments in the area to become established. D. Intent of the Project In anticipation of the County State Aid Highway 112 Project#091101 the property owner intends to establish a site for environmentally sound processing and recycling of recoverable demolition and construction matenals related to CSAH112 and other projects.A Conditional Use Permit is sought to allow staging equipment, stockpiling materials, processing and recycling aggregate and bituminous materials, along with associated construction activities. RECE1VE FEB 2 1,2011 CUP—Page2of3 CITY of ORCNO # 3 910 Conditional Use Permit Application E. Zoning (For Ordinance Text Amendment) The property is Zoned RR-1B, One Ram ly Rural Residential,and guided for high-density multi-family residential development. In order to allow the allow the site to be used for staging equipment,stockpiling materials, processing and recycling aggregate and bituminous materials,and other construction activities an Ordinance Text Amendment is requested. F. Staging & Recycling The staging and recycling activities will occupy approximately 5 acres of the total property (see site plan).Access to the site will be provided from Wayzata Boulevard(Highway 112 or Old Highway 12)at the location established in the Eisinger Meadows Preliminary Plat. A culvert per county specifications will be installed and a gravel access road at least 24'wide will be constructed. A temporary rock stabilization pad of 4-6"of recycled 3"minus concrete will be constructed to accommodate the recycling equipment.Two stockpiles, one for raw materials and one for finished materials will be located at either end of the recycling equipment,truck traffic flowing counterclockwise within the site. Lakewest is currently working with the MPCA to obtain permission to fill an area that will support a large visual and noise- screening berm along the western and southern borders as a buffer to Highway 12. The proposed berm will later be seeded and landscaped as an amenity for the future development. G. Recycling & Processing Operations The contractor operating the site during the CSAH112 project will be responsible for: • Installing and maintaining access to the site in accordance with local governing authonties • Furnishing and maintaining erosion control devices as specified by local governing authorities • Providing sweeping and dust control services as specified by local governing authorities, County and/or land owner • Providing traffic control as directed by local municipality and/or County • Providing temporary and final turf establishment as required by local governing authorities • Maintaining a safe and clean construction site as directed by contractor's in-place safety program • Establishing hours of operation in conformance with local municipality • Establishing a lighting photometric plan as directed by local municipality and/or County(if required) H. Reclamation Plan At the conclusion of the CSAH112 Project and/or other recycling projects,the site will be restored to the same,or better,condition as it is now. The temporary rock stabilization pad and stockpiles will be removed and the(potential)large perimeter berm will be seeded and landscaped. Eventually the site will be used to create Eisinger Meadows according to the original vision. RECEIVED CUP—Page 3of3 FEB 21 2017 C1TY OF ORONO # 3910 Mike Gaffron From: Adam Edwards PC Exhibit C Sent Friday, March 10,2017 10:33 AM To: Mike Gaffron; David P. Martini Cc Robert Bean;Soren Matticic Jeremy Barnhart;James Van EyII;Correy Famiok Subject: RE:Orono Zoning Applic#17-3910&3911- Eisinger Site Mike, This lot seems to be as good a place as the contractor is likely to find in the corridor to stage for the CSAH 112 Project. PROs +Access directly to a county road/the one they will be working on. Doses not require the use of city streets for construction traffic. +The site is remote from any residential areas. Is sandwiched between a county road and the ha state highway. Mitigates some of the noise dust... issues with such a site. CON -Adjacent to wetlands. Their erosion and sediment control will be critical but can be handled with the appropriate permits and best practices. I can give you more formal comments if you need. Adam From: Mike Gaffron Sent:Friday, March 10, 2017 9:54 AM To: David P.Martini<davidma@bolton-menk.com>;Adam Edwards<aedwards@ci.orono.mn.us> Cc: Robert Bean<bobbe@bolton-menk.com>;Soren Mattick<smattick@ck-law.com>;Jeremy Barnhart <jbarnhart@ci.orono.mn.us>;James Van EyII <jvaneyll@longlakemn.gov>;Correy Farniok<CFarniok@ci.orono.mn.us> Subject:Orono Zoning Applic#17-3910&3911- Eisinger Site Dave,Adam,et al— Lakewest has submitted two applications regarding the Eisinger site at 3245 Wayzata Boulevard: 1)for a code text amendment to establish an interim or temporary conditional use option within the code;and 2)for a CUP to allow temporary use of the site for construction staging for the Hennepin County Wayzata Blvd improvements. I've attached their submitted information and am looking for your comments regarding whether this is a good idea, and what pitfalls or concerns might be lurking out there,etc. This goes to the Planning Commission on 3/20,so I would appreciate your thoughts early next week.Thanks! Mike Michael P.Gaffron 1 Mike Gaffron From: James Van EyII <jvaneyll@longlakemn.gov> PC Exhibit D Sent Friday, March 10,2017 10:51 AM To: Mike Gaffron Subject: Re:Orono Zoning Applic#17-3910&3911 Eisinger Site Hi Mike, I don't see any issues from a fire stand point. James Van Ey11 Fire Chief Long Lake Fire Department i vanevl l{a;longiakcmn.goy° • :din 404. .. On Mar 10,2017, at 9:53 AM, Mike Gaffron<MGaffronnaci.orono.mn.us>wrote: Dave,Adam,et al— Lakewest has submitted two applications regarding the Eisinger site at 3245 Wayzata Boulevard: 1)for a code text amendment to establish an interim or temporary conditional use option within the code; and 2)for a CUP to allow temporary use of the site for construction staging for the Hennepin County Wayzata Blvd improvements. I've attached their submitted information and am looking for your comments regarding whether this is a good idea,and what pitfalls or concerns might be lurking out there,etc. This goes to the Planning Commission on 3/20,so I would appreciate your thoughts early next week. Thanks! Mike 1 MINNEHAHA CREEKWATERSHED DISTRICT QUALITY OF WATER _ QUALITY OF LIFE PC Exhibit E March 14th,2017 Lakewest Development LLC Attn:Dana Brumitt 14525 Highway 7,Suite 265 Minnetonka,Minnesota 55356 RE: Notice of Conditional Approval for MCWD Permit Application No.17-095: Erosion Control: Other,3245 Wayzata Boulevard West,Orono,Minnesota 55356 Dear Ms. Brumitt: Thank you for applying for a Minnehaha Creek Watershed District(MCWD)permit for Erosion Control located at the above-mentioned address. The review of this application has concluded, and the MCWD has determined the above-mentioned permit application to be complete. Therefore,the application is approved with the following conditions: 1. Submission of financial assurance for erosion control 2. NPDES Permit Number and Coverage Card Once the above-mentioned materials have been submitted and all permit conditions have been met, gaff will issue the permit. You are reminded that work on the project cannot begin until the permit has been issued. The approval expires one year from the date of this letter. If final municipal approval of the project results in changes to the project,you must submit revised plans to the MCWD for review. Please contact me at rworkinPgmail.com or(952)641-4518 if you have any questions or concerns. Respectfully, 7 /A , id 1-1- ( Rachel Workin Permitting Technician CC: City of Orono staff Mike Gaffron From: Rachel Workin <rworkin@minnehahacreek.org> Sent: Tuesday, March 14, 2017 2:38 PM To: Dana S. Brumitt;Jack Distel Cc: Mike Gaffron Subject: RE: MCWD recycling center at 3245 Wayzata Boulevard West Attachments: 17-095 Conditional Approval (signed).pdf Hi Dana, Great!This project has been conditionally approved pending receipt of the items outlined in the attached letter. I will follow up with materials related to the attached items shortly. Kind regards, • Rachel Workin Permitting Technician Minnehaha Creek Watershed District see+ *.�•. Direct 952.641.4518 M NNEHA!!A CREEK 15320 Minnetonka Blvd.,Minnetonka,MN 55345 Wanasere OM-Filet www.minnehahacreek.org From:Dana S. Brumitt [mailto:dana@Iwestdev.com] Sent:Tuesday,March 14,2017 11:34 AM To:Rachel Workin<rworkin@minnehahacreek.org>;Jack Distel<Jdistel@minnehahacreek.org> Cc:'Mike Gaffron'<MGaffron@ci.orono.mn.us> Subject:Re: MCWD recycling center at 3245 Wayzata Boulevard West Thank you,Rachel. The completed forms are attached. Our accountant will call today and make the payment by phone. I can confirm that the silt fence will remain up for the duration of the project. I appreciate your help. Dana LAKE NEST kraitsaLIC Dana S.Brumitt I Communications +1.952.653.1359 7 da na @Iwestdev.com From:Rachel Workin<rworkin@minnehahacreek.org> Sent:Tuesday,March 14, 201710:38:33 AM To:Jack Distel; Dana S. Brumitt Cc:'Mike Gaffron' Subject: RE: MCWD recycling center at 3245 Wayzata Boulevard West Hi Dana, Thank you for sending along the calculations for the project at 3245 Wayzata Blvd.This project is exempt from MCWD's Stormwater Management and Wetland Protection rules,since it's new development that creates less than 20%of impervious surface across the parcel.You will need an erosion control permit from MCWD which is a fast-track permit. The site plan that you previously submitted contains the required material,so if you complete and return the attached forms,we can get your permit processed for you.There is a$10 application fee that can be paid by check as well as Visa/MasterCard by calling our front desk at 952-471-0590.We did have one question-can you confirm that the silt fence will remain up throughout active construction until the site is stabilized? I also wanted to mention that this project is considered new development since there are currently no improvements on the property.With this work,any future development will be considered redevelopment under our stormwater management rule. Please let me know if you have any questions. Kind regards, 0 Rachel Workin Permitting Technician Minnehaha Creek Watershed District ~* Direct 952.641.4518 MIRK Minnetonka Blvd.,Minnetonka,MN 55345 MINNEIUMAWwiittsNED NtsTtttCT www.minnehahacreek.org From:Dana S. Brumitt[mailto:dana@lwestdev.cc Sent: Monday, March 13, 2017 12:21 PM To:Jack Distel<ldistelPminnenahacreek.org> Subject:Re: MCWD recycling center at 3245 Wayzata Boulevard West Jack, I've done some calculations on the recycling site to determine the hardcover. The entire site is 25.8 acres. For purposes of the recycling operation we will be constraining our activity to an area within the site of approximately 8 acres. 2 All hardcover will be gravel. No solid concrete pads or impervious liners will be installed. For the sake of calculations I've included both stockpiles as depicted in the sketch, although in reality these will be quite variable and will fluctuate as raw materials are processed and reused on the County Road 112 project. I have also calculated the entire area between the stockpiles and the stabilization pad as vehicles will be driving in and out of that area. The total maximum hardcover for the area of activity is just over 2.0 acres. (-25%of the area of activity, or .07%of the site) • The 24" wide gravel access road =984 sf • Raw materials stockpile = 10,000 sf • Finished material stockpile = 15,00 sf • Stabilization pad =27,000 sf • Traffic pattern area= 37,500 sf Thanks so much for following up. We are going before the Orono Planning Commission next week, so it would be helpful to have either a permit or a letter stating that no permit is necessary by the end of the week. Dana LAKE VATT inliartalit L11 Nana S.Brumitt I Communications +1.952.653.1359 dana@Iwestdev.ccr From:Jack Distel<Jdistel@minnehahacreek.o, > Sent: Friday, March 10,2017 11:21 AM To:Dana S. Brumitt Subject:MCWD recycling center at 3245 Wayzata Boulevard West Dana, After carefully looking over the plans for the recycling center at 3245 Wayzata Boulevard West in Orono we have come to understand more clearly what the watershed district needs. As the site is a temporary installation it quite unique but our main concern is the storm water potential of the site and how this could impact the surrounding wetlands. Would you be able to calculate the amount of impervious surface on the site and what percentage this is compared with the site in total? MCWD considers compacted gravel surfaces as impervious,therefore we are looking for this calculation to include the area of things like: 1. The access road 2. The stabilization pad 3. The stock piles 4. Any other impervious surface to be installed on site. 3 Once we have this information we should be able make more informed decisions on permit requirements. Thank you for being so patient with us, Best, Jack Distel District Representative Minnehaha Creek Watershed District 15320 Minnetonka BLVD Minnetonka, MN 55345 952-641-4581 13 MIIIIMNAHA C= BIC WATERSHED MIRK T 4 3/1/2017 Hennepin County Rt/Permit-UIDA 2461 Permit#2017-A304 PC Exhibit F Permit Application Application for Temporary / Const Access Permit#: 2017-A304 Road: 112 Permit Maintenance District: Hennepin County Hennepin County Hennepin County Public Works Transportation Department(Roads and Bridges)-Operations 1600 Prairie Drive Medina, MN 55340-5421 a;l o -r> r Ci .7 • `w K V s T s t,„,,.,„,,,, 7nmloti MapL� Permit is for the construction of Temporary(Temporary)-Construction,surfaced with Gravel Applicant Property Owner Contractor Name: Dana S Brumitt Name: Lakewest LLC Name: Lakewest LLC Address: Lake West Development Address: 14525 Highway 7, Suite 265 Address: 14525 Highway 7,Suite 285 Minnetonka,MN 55345-5534 Minnetonka,MN 55345 Minnetonka, MN 55345 Phone: (612)718-9213 Phone: (952)653-1359 Phone: (952)653-1359 Pager. Fax: Email: danaailwestdev.com Dates Entrance Needed By:05/01/2017 https://roadpermits.co.hennepin.mn.us/entrance.view,php?entrancePennitld=246 1/4 3/1/2017 Hennepin County Rt/Permit-UIDt 246/Permit/2017-A304 Ldcatio.X The proposed entrance is on the S aide of county road no. 112,0.6 miles W of Old Crystal Bay Road. Street Address:3246 Weyzate Boulevard,Orono Driveway Width:20 feet Present number of driveways:0 Sketch 4Orono CUP Site Plan.pdf Description of Work Provide vehicle access to staging/recycling site for CSAH 112 Project General 1.No work shall be started until the application is approved and the permit issued. 2.Contact the Hennepin County Permit Office at 612-596-0339 a minimum of 2 business days prior to starting construction. 3.After driveway construction is completed,persons requesting the installation must notify the Permits Office that such work has been completed and is ready for final inspection and acceptance by Hennepin County. 4.No changes or alterations In entrances may be made at any time without written permission from the County Engineer or designee. 5.Approval of this permit does not deny the County Engineer the future right to revise,relocate or dose any entrance to expedite the movements of vehicular or pedestrian traffic.The County retains the right to close said entrance(s)at its discretion,based upon the necessity for traffic regulation,control and safety. 6.Existing driveways are not automatically perpetuated.In the event of a change in land use or a major change in the traffic pattern of the existing facility,new driveway applications may be required by the County. 7.Inclement weather shaft be reason for delay of the project start or suspension of the project as determined by Hennepin County. 8.Permits or copies shall be kept on the work site,while work is in prowess,in the custody of the individual in charge,and shall be exhibited upon request by any county official. 9.These general permit requirements and specifications shall be considered as forming an integral part of each and every permit issued for operations on county roadways.The work authorized by this permit shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the County of Hennepin as herein specified. If at any time,It shall be found by Hennepin County that the work is not being,or has not been,properly performed,the Permittee,upon being notified,shall immediately take the necessary steps,at their own expense,to place the work in conformance to said requirements or standards.In addition,no residential driveway may exceed 22 feet in width and no commercial driveway shall exceed the width dictated by the Hennepin County Access Management Guidelines. 10.In the event of failure or neglect,will or not,by said Permittee or Permittee's employees,to perform and comply with the prescribed conditions,restrictions and regulations,the Transportation Department may revoke and annul this permit and order said Permittee to immediately remove any and all structures or property belonging to said Permittee from the legal limits of the roadway or county property. 11.The installation shall be made in conformity with all applicable laws,regulations and codes covering said installations.All installations shall be made inconformity with regulations of governmental agencies for the protection of the public. 12.Americans with Disabilities Act-Any work in the County's rights-of-way that impacts any pedestrian facilities requires that the restoration of the pedestrian facilities impacted be restored to conform to current ADA requirements and standards. 13.If pavement,roadway or right-of way is damaged;same shall be restored,in a timely manner to Its original or a better condition,at the sole expense of the Permittee.Permittee's failure to correct such damage In a timely manner will result in Hennepin County,through its own forces or contractors,making said repairs and billing Permittee for all costs and expenses related thereto. Permittee shall make payment to Hennepin County within fifteen(15)days of receipt of said bill.Permittee agrees that If It falls to make payment of said amounts within the specific time,to Hennepin County,it shall pay all costs relating to debt collection,including,but not limited to,court costa,frees,interest end attorney's fees. 14.No driving onto highway from ditch or driving on shoulders or over curbs where damage win occur. https://roadpennirs.co.henocpin.ms.us/cntrancc.view.php?entruncePennitld.246 2/4 3/1/2017 Henoepin County Rt/Pamk-U1 D/'246/Penult/2017-A304 15.1t shall be further understood that the Permittee will be responsible for maintenance or repair of any and all failures due to settlement,erosion, lack of vegetation growth,rutting or other job related problems for a period of three(3)years after project completion and Notice of Work Completion form has been received by Hennepin County.Permittee shall perform all said maintenance.Immediately after it has been notified of said deficiency.Permittes shall be responsible for all costs and expenses related to said maintenance.Permittee's failure to perform said maintenance immediately will result In Hennepin Count,through its own forces or its contractors,performing said maintenance and billing Permittee for all costs and expenses related thereto.Permittee shall make payment to Hennepin County within fifteen(15)days of receipt of said bill.Permittee agrees,that if It fails to make payment of said amounts within the specified time,to Hennepin County,Permittee shall pay all costs related to debt collections,including,but not Bmited to,court costs,fees,interest and attorneys'fees. 16.Emergency Vehlde Accesses must be signed and closed to general traffic at all times. Continued unauthorized use of en Emergency Vehicle Access shall result in the removal of the access at the discretion of Hennepin County at the owner's expense. 17.Unless stated elsewhere in the Special Provisions,all access permits expire 1 year from the date that the permit is Issued. Sediment Control&Drainage • 1.Street surface and roadside shall be kept clean,neat and presentable throughout construction as determined by the Hennepin County Transportation Department. 2.Dust control shall be provided upon request of the Hennepin County Transportation Department. 3.The existing drainage patterns shall not be altered unless approved by Hennepin County Watershed District approval and drainage calculations are required if plan alters existing drainage patterns. 4.Permanent restoration plans must be submitted to the Permits Office for temporary restoratlonMrinter stabilization for work occurring between November let and April 30th prior to starting construction. Traffic Control • 1.If the kxstallatlon of this driveway makes it necessary to work on the roadway,traffic must be protected;proper temporary traffic control including lights,signs and proper barricades must be In place.Temporary traffic control must conform to the current version of the Minnesota Manual of Uniform Traffic Control and/or accompanying Field Manual.Said devices shall be removed from the job site promptly upon Completion of work. 2.Safety vests shall be worn by ANYONE occupying County right-of-way. 3.The Perrnitiee shall use due diligence in the execution of the work authorized under this permit in order not to endanger or unnecessarily obstruct travel along the said highway.Operations shall be so conducted at all times as to permit safe and reasonably free travel over the roads within the limits of the work herein prescribed.All safety measures for the free movement of traffic shall be provided by the Permittee at its own cost Payment method Payment details Credit Card Temp/Construction Access $100.00 Total: $100.00 Special Provisions Special provisions: • Contact Mike Olmstead at(612)221-7162 or via email at michael.olmetead©hennepin.us at least 24 hours prior to construction. • Temporary traffic control layouts on County roads shall conform to the moat recent version of the Minnesota Manual on Uniform Traffic Control Devices. • Applicant shall be responsible to place a stop sign, minimum size of 36"x36",prior to opening the new entrance. Notes: No notes hltps://roedpermirs.co.hennevin.mn Ass/entrance.view.ptip?entrnncePe mitrd4246 3/4 3/1/2017 Homapin County R11Pormit-UIDS 2461 Permit'2017-A304 Approvals Approval Digital Signature Applicant Dana S, Brumitt-02/28/2017 12:53 PM 0f 5db981a33b1e5e64 3b1c136dabad66 72ff4d1c6e41028b6eaaaf07038cab1c #1 Permits Supervisor Michael D. Olmstead-03/01/2017 7:34 AM 2d71b3b650adfd8610da265fd79737be 405obcfa97b27bdd1839fd5491cec847 https:f/roadpermira.cohonnepia.mn.usrentrance.view.php7entroncePormiddn246 4/4 RECER,ED +,e„ y,„ Hennepin County Locate& Notify Map Provided By: Resident and Real Estate Services FEB + 2017 Date: 2/23/2017 t PC Exhibit C- 29-f 18-23-44 28-118-23-33 2.8-118-23-34 29-118-23-43 :. , •irot:o `ct+ iiI RtcreatSor,$ a,r usen g Lurton Pan, 32-118-23-12 32-118-23-11 33-118-23-22 33-118-23-21 -M ..\141‘,...,2\ k„ 32-1 1 32-! la-23-1 ' -118-23-23 33-118- 3-24 4' t 32-118-23-13 "%.• ,4 +8-23-14 f1131u& 24 32-118-23-42 32-118-2341 33-118-23-32 x 1-- !33-118-23-31 —. ,••••••••• ...6 4.7" ' ' ' f 33-118-23-33 . 32-118-23-44 33-118-23-34 32-1.18-23-43 32-118-23-44 33-118-23-33 Buffer Size: 350 feet 0 245 490 980 ft Map Comments: I r r r t + r r I 3245 Wayzata Boulevard West Orono For more information contact: MN 553560002 5536 RECEIVED Hennepin County GIS Office 300 6th Street South FEBMinneapolis,MN 55487 B 2 7 2017 pis•info hennepin.us CITY OF ORONO # 3910 uena along une to Use Avery.Template 5160® j Feed mer"-- expose Pop-up EdgeTM 1 AVERY®5960' 38 32-118-23 11 0001 38 33-118-23 32 0005 BARBARA LUPIENT CITY OF 0RO140 C/O LUPIENT AUTOMOTIVE GRP P O BOX 66 7100 WAYZATA BLVD#200 CRYSTAL BAY MN 55323 GOLDEN VALLEY MN 55426 PC Exhibit H 38 32-118-23 13 0001 MN DEPT OF TRANSPORTATION DIRECTOR OF R/W OPERATIONS 395 JOHN IRELAND BLVD STPAUL MN 55155 38 32-118-23 13 0003 ANNE MAHDAL BARAN 480 STUBBS BAY RD LONG LAKE MN 55356 38 32-118-23 14 0001 LAKEWEST LLC 14525 HIGHWAY 7#265 MINNEONKA MN 55345 38 32-118-23 14 0002 LAKEWEST LLC 14525 HIGHWAY 7#265 MINNEONKA MN 55345 38 32-118-23 21 0006 B N&SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 32-118-23 41 0002 MARGARET A BUSCH 8588 CHESHIRE PKWY #2217 PLYMOUTH MN 55446 38 33-118-23 23 0002 ROBERT E&KATHRYN G DUMAS 3025 WAYZATA BLVD BOX 607 LONG LAKE MN 55356 38 33-118-23 31 0010 B N&SANTA FE RR CO # 3910 PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 k'CtGtlV +J 38 33-118-23 32 0002 BN&SANTAFERRCO FEB 2 72011 PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 CITY OF ORONO l tlquet es fadles paler A Replica a la hachure aRn de 1 Utilisez le gabarit AVERY®5160e > Sens de ; www.averycom A chargement ruler la rebord Pop-upM j 1-800-GO-AVERY GRONBERG&ASSOCIATES, INC. SURVEYING,ENGINEERING AND LAND PLANNING RE: Item #7 445 N.WILLOW DRIVE LONG LAKE,MINNESOTA 55756 #17-3912 952-473-4141 FAX 952-477-4475 Received March 20, 2017 03/20/17 Bruce Birkeland 1298 Wildhurst Trail Orono, MN 55364 RE: Lot Line Rearrangement Lot width at 75 foot setback line Bruce: I was very surprised to see the City of Orono interpretation that the lot width at the 75 foot lakeshore setback should be measured at the inside of the chord rather than the outside of the chord as we have shown on our survey drawing. We have been showing it this way for many years on other projects in Orono and in other adjoining cities as well and have never been questioned on our interpretation.The purpose of a lot width measurement is to show that you have enough room to build a house on the lot. You would certainly not be allowed to build the house at the inside chord line because you would be way to close to the lake.Taking the measurement at the outside of the chord gives a more correct representation of where you can build. Sincerely, GRONBERG&ASSOCIATES, INC. Mark S.Gronberg, PE & LS Included by Staff for Sec. 78-1. - Definitions. Reference The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Page 1 Item 7 Date Application Received: 02/21/17 OA, Date Application Considered as Complete:02/23/17 l VO 60-Day Review Period Expires: 04/24/17 To: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator < .kESHD�- From: Melanie Curtis, Planner WIGG Date: 20 March 2017 Subject: #17-3912, Bruce Birkeland 1298 Wildhurst Trail: Lot 2, Block 1, Wildhurst+Lot 3, Block 1,Wildhurst Variance—Setback/Lot Width Public Hearing Application Summary: The applicant is requesting a variance to facilitate an administrative lot line adjustment(subdivision exception). Staff Recommendation: Planning Department Staff recommends approval of a side setback variance conditioned upon the new lot configuration meeting the LR-1B dimensional standard. Background The applicant owns the two lots which are the subject of the application, Lot 2, Block 1, Wildhurst and Lot 3, Block 1, Wildhurst. Currently Lot 3 is not a lakeshore lot.The applicant has made an application for a subdivision exemption for an administrative lot line rearrangement between the two properties in order to reconfigure Lot 3 as a lakeshore lot. The applicant has presented two options: 1. Create two conforming lots, each meeting the LR-1B minimum area and width (at the 75 foot setback) however would require a side setback variance allowing the existing home on Lot 2 to be located within 3 feet of the new dividing line. The side setback variance is needed in order to certify the subdivision exemption;or 2. Locate the dividing line so that the existing home meets the required 10-foot side setback, however,this results in Lot 3 having 132 feet in width where 140 feet is required. A lot width variance would be required in order to certify the subdivision exemption. The applicant has provided surveys reflecting both options for the City's review. LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: LR-1B Required Lake 75' Rear 30' Interior Side 10' Side Street 35' FILE#17-3912 20 March 2017 Page 2 of 5 As lakeshore lots both properties will be subject to the average lakeshore setback requirements. Section 78-330-Lot Area/Width: City Code Section 78-1 Definitions. Lot width means the horizontal distance between side lot lines measured at the following locations: (1)For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2)For lots which abut a lake or tributary,at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL,measured in a straight line between the points of intersection of the side lot lines with the structure setback line. IR-1B Lot Area Lot Width (OHWL&75-foot SB) Required 43,560 s.f. (1.0 acres) 140' "Side Setback Variance" Option(Option 1) Proposed Lot 2 1.08 acre total ±136' @ OHWL—not met (1298 Wildhurst TrI) 1.00 acre dry ±132' @ 75'SB—not met Proposed Lot 3 1.45 acre total ±187' @ OHWL 1.29 acre dry ±125' @ 75'SB—not met "Lot Width Variance"Option(Option 2) Proposed Lot 2 1.11 acre total ±144' @ OHWL (1298 Wildhurst Tr') 1.01 acre dry ±130' @ 75'SB—not met Proposed Lot 3 1.42 acre total ±186 @ OHWL 1.28 acre dry ±125' @ 75' SB—not met Section 78-1700-Hardcover Calculations: The hardcover numbers provided are based on the Option 2 version of the parcels using the dry, buildable acreage. Stormwater Overlay District Total Area in Zone Allowed Hardcover* Existing Hardcover Tier 1 Proposed Lot 2 11,006 s.f. 6,539 s.f. (1298 Wildhurst TrI) 44,026 s.f. (1.01 acre) (25%) (14.8%) Proposed Lot 3 55,981 s.f. (1.28 acre) 13,995 s.f. 3,620 s.f. (25%) (6.47%) *Based on Option 2 proposed lot areas Applicable Regulations: Lot Width Variance (Sec. 78-330) LR-1B requires 140 feet in width at the ordinary high water level (OHWL) and at the 75-foot setback for Lake Minnetonka.Together,the properties have an approximate 105 feet in width as measured at the OHWL and 214 feet at the 75-foot setback. There should be at least 280 feet at these points for support two lakeshore lots. The plans submitted for Option 1 the side setback variance do not reflect the accurate measurement of the lot widths.The applicant should revise Option 1 to meet the width requirement at the OHWL and at the 75-foot setback, if possible. FILE#17-3912 20 March 2017 Page 3 of 5 Side Setback Variance(Sec. 78-330) LR-1B side setback requirement is 10 feet.The existing home on the property is in a conforming location currently. Moving the common lot line in order to make the lot width conforming at the 75-foot setback results in the house/deck encroaching within±3 feet of the new lot line. 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.Two lots exist currently.The density is not proposed to increase,however,one additional lakeshore lot is created.The size of the properties are generally consistent with the other properties in the neighborhood. The lot width variance would also be in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. Each of the requested variances allows the redevelopment of each of the single family lots,this use is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner wishes to realign the property line,creating two lakeshore lots where only one lakeshore lot currently exists.The density will not increase. It is likely the properties will be developed with new single family homes in the future which will be required to meet the LR-1B district and Shoreland district setbacks.To qualify for the subdivision exemption to reorient the common property line one of the requested variances must be granted. b. There are circumstances unique to the property not created by the landowner; the property owner did not create the original lot size, lake frontage,and orientation; and c. The variance will not alter the essential character of the locality. The proposed variance will add additional development on the lake shore,the Planning Commission should discuss whether this will alter the character of the neighborhood as the overall lot sizes won't change. FILE#17-3912 20 March 2017 Page 4 of 5 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. It would appear the purpose for the subdivision exception request and resulting variance request are for the purpose of making Lot 3 more marketable.Therefore economic considerations are a factor in the variance request. 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 residential use is an allowed use in the LR-1B 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 unique shape of the properties,the topography,and the channel-like nature of the shoreline create special conditions unique to the properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The lots are generally consistent 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,shape,and orientation of the properties create practical difficulties affecting the subject properties;a variance to permit the lot line to be adjusted is necessary to create two lakeshore lots where one lakeshore lot and one off-lake lot currently exist. 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 The properties are 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. } FILE#17-3912 20 March 2017 Page 5 of 5 Practical Difficulties Analysis The purpose for this application is to increase marketability by creating a second lakeshore lot. The Planning Commission and Council should determine whether or not it is appropriate to grant a variance based on this type of need. It is unknown whether or not two lakeshore lots can be created that meet the dimensional standards of the LR-1B requirements if the existing home is removed. The preferred option for staff would be to create two conforming lots.The existing home is likely a temporary situation,suggested by common redevelopment of homes of this age when the properties are sold.There is a sufficient buildable area on the property to accommodate a new home in a conforming location. After further analysis, it appears that neither lot in Option 1 meets the 140 foot requirement at the lake (OHWL) or at the 75-foot setback. If the applicant wishes to create a new lakeshore lot, Staff suggests the applicant show that both lots will meet the 140 foot requirement in both locations. Public Comments Comments from neighbors have been received;see Exhibit F. 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 denial of lot width variances facilitating an adjustment of the property line. If the Planning Commission can support the variance from the lot width LR-1B standards, staff prefers Option 2 regarding the side setback variance for the existing home.The applicant is encouraged to explore alternatives which result in two lots with conforming area and width prior to placement on the City Council's agenda for consideration. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Option 1 Survey—Side Setback Variance Exhibit D. Option 2 Survey—Lot Width Variance Exhibit E. Both Surveys—Highlighted to show lot widths Exhibit F. Aerial Photos Exhibit G. Hardcover Calculations Exhibit H. Neighbor Comments Exhibit I. Property Owners List Exhibit J. Plat Map C Imo. PC City of Orono Exhibit A #17-3912 Variance Application Street Address; Application# /�T 2750 Kelley Parkway 11 ;� � — 1,7:3.,.. YO Orono,MN 55356 Date Received: bit,til Il / -. l _-- -. Main: 952-249-4600 Staff: �, fax: 952-249-4616 /� .k ? A., Mailing Address: Fee: V$700 'y P.O.Box 66 Escrow: 1./$700�l $2,500 �l� %' �G ~ Crystal Bay,MN 55323-0066 • Notes: KFsxo� 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: 1x96 LO/ / ',y 74i, hiz.nvo et. Lot 31 J4 I 114414114 DESCRIPTION OF REQUEST: WT kl NP grygr„Gc Ali- — 5g-,1- / 5,t,C-fC (attach additional sheets as necessary) APPLICANT INFORMATION: 0 check here if Applicant address should be used for billing Applicant: 51-41 fc�____ g. (7Z K C.- Phone (Primary): 14,42 , --7rp_ 1 v 0 Mailing Address: City: ZIP: Email: PROPERTY OWNER INFORMATION: Zi check here if Property Owner is same as applicant 0 check here if Property Owner address should be used for billing Name: 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: �- +�- ,r • tom - Date: 0242/ Applicant Signature: Date: Property Owner Signature: Date: RFCEIVED Property Owner Signature: Date: r p q Variance Application-January 2017Page FEB 1 20 7 4 # 3 912 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. N cki4zD ‘-,14- 11> First Middle Last Address O ,\AD 553 46e 750 5/5l0 City State Zip Phone I understand my rights as stated above. Signature FEBRECEIVEC Variance Application—January 2017 r 1 2017 Page 14 # 391 CITY OF OROKc PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM #17-3912 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 pro.erty 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." 0 r, ! 3. The variance, ir gran d,wi I nota r the es ential 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.0640r.bd. 2,when in h rmony 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 hapter for property in the zone where the affected person's land is located." A- r. A n>i.- �.J � l�C �Z r ) RECEIVED FEB 21 tui i Variance Application—January 2017 � 39 12 2 Page 7 CITY OF ORONO FEB 21i �r 7 "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." CITY OF ORONO 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoiningproperyrt r -- R v _ -171;� �� •——l.2r— ��c . T_ 9. "The conditions do not appbr generally to other land or structures in the district in which said land is located.' lith <K9 A.-- 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." yray 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): Wt t> id ( d-, 'T%' - L _. 177.77-745 J <-0Z QRZ, }�'I r�•,�T y I� •4 (/A-ic(4A2'-..c rio TomF ir7 c ' 7g-/ 1 ';ACK .rgo►t- /yr -r✓0ZJ C' • — r� 1 • _ s ° , x: .,� —G 1:- 1307-1-1- E,� ,/t.;,)), J i\A K >) ror C. t� •t �` /4.6, L01747-6-054 C-ca>A)C. 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"ems \/ / 0 <D ii/ i / i / / / / / �' �98 s`\ / // /-/ I / •i/ / // / / /�_`'—SO * \ \ ig 1111 Z 7 Z 7 ----" :..: 9&.,t , ,c ,/ / i / 1 / ittio:ec5p5;4\-\ /7, ,..=;,..-, '-' .:- . --94,,,, jk% / Nci/Z // 1 / \.v/ / :;',. 3;) -..,,;„, op, '..' \ ..., 1,3 1# /(3;( M / / ra/ �"1 ` \ o Asj L.,), • ,:t ZO, \\.'4' ,,,t. m / i / 7' \ , .,, ...........---• // k� \ r ,.. .'•....-* / ,..,, . ‘ ''''''':....*;D .cS>>N il..N '48SN '04 ,„,..„.„ \ .,L__. . , , p • 8 \ : yam ,CZ/01 ,.: • � LT Tel/7" + N g k ,. ....., (.3, 4- ''' • __ _ ________ ----..'. .,„ ...... %_.. s\s, . , , . .., .. .,..:, ,: •.,,.._.._,..,._ .. ,. _ . __ 4°i ' 4.. ,, .-.:: x \ V it r • r. I: '. `.,•. PCr Exhibit F #17-3912 1 f<4 J 'V• e .. . /ktt,', '. A f; •1 h • s , i �.4 '7T ':.. • C • "�,.`, f _ � 1.t s, l j ....af M., ,, ''''''''''''''''',.. .....r: ' Y Azar ,, ° q. \ ,, t• • ---- •••- ' ''' . , 2 Al . _ i -fir k • , **,,,,,,,,,,,, ,,,,,.. , „'-„:P' ,,,.:, \,., - 0 K 4 44: ."'-,..:‘" .' '191F- Ir. liti h 4 1'. - ` . A ,,-;I( -N....,,,,,....4,- .,, ...- ;i / •.8r + r ' J :. 1 ' �" ' . ' .1. F 101, , ` '�. / ! • - i. -, IJ a w1, t - E+' __` f fir..':, kJ r-y! = 4, °PN 4 Facing ' A ' ""` southwest from Lake 'r' ilk IIIA . ,, 4, ' Yt' 3 m 4 _ FrY; rte- N._ . , . , , ,, , , .. 1 ,, .. L. ,...4„. .., ,, ...„.„ ,, . ....... J 11h`Y -' *11.11111.11;rt-'- ; s tii °r Li C "::: ..„• • - ,N. : , „.,-* s..yy / + A 1 ! t' /t iii/ / . ..,\ Ifilit r /` / /\\' '.1..'1,,,-,:.:,ir:. :::..' i • / k. �1 ��� PC Calculations based on "Option 2" lot areas Exhibit G #17-3912 City of Orono o Hardcover Calculation Worksheet I Property Address NGR TN Ad R C E G (E x 1.3 '.4/G 4/6.44f t) r5Y /298 GU/44,ilefk,FT 7-1.o.(. V Gt4,1#IPCTAlr,j (toe T, 8/4*hie-e.4 K2) '1.?_s2fi_ Prepared by: Date: Ct o,ve r4 G 4 Alio c/ATEi, .-f/c. 2 -, 7-i 7 Stormwater Quality Overlay District Tier: (Circle one) `ier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: w ISTING HARDCOVE In the following to le igen i a 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 Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A /,1t1 ire- Z IC? S.F. B .0rr/r t ICRFr":_/..'4R rite a ,IE,t DECk 4'Z Z S.F. C ..'r1 OP , ,6/A/Te4 aiiL4.. /0 5 S.F. D GI.t i/rc 04 i 1/6'44/.r i�S° 3 7.3 5 S.F. E Coe .Fre' 49/.0'e..V _ /Ott S.F. F R 6-TA/4,/.,t,/G 4.1.14 z.c 3' 7 8. S.F. G S.F. H S.F._ I S.F. J _ S.F. K S.F. LS.F. M S.F. NS.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 +5 ": 7 S.F. Excludable Hardcover(See City Code Sec 78-1684): /. RE74us,i4G le�4Li.r ALL atir.7/O(r 0-7f' 2otle. '7= S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 78 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 6-53 9 S.F. (4) Total Lot Area ';(c? SQ'/ 7.,74 r„ i 4/4; 02 K" 4.1 is it,/ c24- we yy,oZ6 S.F. Proposed Hardcover Percentage [(3)+(4)] /4/.. 85 % (Proposed Hardcover next page) Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure 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 18 /U co rfi f if it C 0 L • City of Orono �otio Hardcover Calculation Worksheet S0c- 7 ef7A4 cCc (//etcdDT) Property Address: • /2 98 e4)/4.0 NUR 1'T r'AAie t 1-//t-ifdry:6 .4 (Roe T, BiR/f6-44,( 0) 4kESHof'k / Prepared by: , ref C. ft A ,� Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 1: ISTING HARDCOVE 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 Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A S.F. B S.F. C S.F. D 6',1vir DA 1/ 14.1.4 Y 3572 S.F. E S.F. F , E r4 A//dUI !.z/.i C 4.1 72 S.F. r' r7ef rc:z( Y Fr' S.F._ H S.F. S.F. S.F. K S.F. L S.F. N► 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 6,",' S.F. Excludable Hardcover(See City Code Sec 78-1684): Rrr/ ,n,,.c� lrcG� icr GcrrJ/e( O-77' Zre✓c 7 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 7Z S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 6Z b S.F. (4) Total Lot Area Ci, 732 ria.:, 55; 9.5T/ Ad'ovr 929.4/ cotiracu r 55, 98'/ S.F. Proposed Hardcover Percentage [(3)_(4)] (, `/7 % (Proposed Hardcover next page) Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure 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 18 .1' K rig .04 C c L PC Exhibit H #17-3912 4510 North Shore Drive December 29, 2016 Orono, MN 55364 Reference: Lot Line Rearrangement for Lots 2 and 3, Block 1,Wildhurst Trail To Whom it May Concern: We,the undersigned homeowners of the abutting property at 4510 North Shore Drive, Orono, MN,have no objections to the lot line rearrangement as proposed below. "h^ 'r +Y " '7.:°'°,- /44: • ' 4; RBR t�.`L$lMRKERORgYRRvfR0tma: N}CL ,,"fMLE7BYIEtlMCLfrOWt 9,'''',,,, ,,I,,._ ^, �1 t t ': i • * J u L,;,,,,:„, ! , -.., c - ' 'ff,‘,$•.`,-4,,, ,A,,,,,,,,.-. tit lith•it'• /s/,I •/.• .',t t.r ,.,.....N.,'..tV:it"-.4—1 Y,.4::':: 77\47374., s.'1'24:Ir.. IP., ,, '..: , -,...-.-",i,-,--...., , , - . ... ,„4:\.. , -t, li," , ,.:'..,:. \ ` IrE .r z....*-, f t Q a ,,t:-:.,,'4,,',, . J, �4 y ,. . " x�,. -t..,-, .s, ,ems :.� �' N Sj _ � �Q F t -:�� � "� 7 u ."`"--i.::.,:. + t. tni.....>rx..w �: CO • w. »i.�... t tow We ask that the city put a note in the file requiring that the grading plan for the future construction of a home on the lot be designed to minimize water flow upon our property and to facilitate flow away from our property. i - c-7,/j /z/24// eter icki Erl __QlZ /2/21/74, Katheryn M awicki RECEIVED FEB 212017 3912 CITY OF ORONO ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM / I�z� Uwe) 1.&%11.1.&%11. l�° A a .__ of L-131-15 'f✓ l 5 .tilo e- Or [print names [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ( -`]y Wl z,b Falso referred to as Land Use Application No. — '7M/4- C3iZPvP 5.5-344 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. rtiCEIVOi (./4,1,1,g_4,-,___ /I. ,11.., Ygeri Property Owner Date c:0 FEB 21 2017 WY OF ORONO Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduledmeeting date. # 3912 : ::+i:`fn�$irYr4S�";.:w �:::.:;.--�.___.....__..___�•-•_•_____.''_ ,.�,..,.,r:.,•...+'�'.;i'�,rar:w:.::in.:...,. " •_•_• _ _.,.�.... ...-- ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we&agyi1 ,e 1cC�of '/' i4) 77/&.Je£6 [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ger /011-7)71h./-e671—also rete to as Land Use Application No. °— �' © 5D ,j1,Y 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. F `- �,� .��� /6/moi 7 RECEIVED Pro rty""V�' Dat FEB 21 2017 .. 3ope y r � �� D,__ate/ 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 days prior to the scheduled meeting date. Varian — # 3912 Variance Application January 2017 Paoe 15 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) !i"? ;5 a` Ju 1' 43;/ of /c2 w:/c/%,srs7L 7a / Or o /'4 V Sj3� [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ocit I t)l t,Q1 r,i also referred to'as Land Use Application No. -- . +ice012-0v556 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 C1V 211 (2 Pprerty Owner Date ary 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 1 days prior to the scheduled meeting date. 912, . .....,A.A.••••16.••••••••••••••••••••••••-••-•-•••-•••• •-•-• .....-4 MrtrIntirle ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM Andre a S. za„434'1�� (we) 14i1•or+i !V► Zab:l[q of t2Q 7 We'1d e's4' T`ra,1 r,a, MN CS 30/ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at OAS 1t9L1 4t5k57-also referred to as Land Use Application No. -Fp, O 45.5-34-Y I�.. t7 fZ ' 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. aglAcho j if!'4 Zo 17 Property Owner Date 97-0W41/14 A�/f+/ �Af7 FEB 21 2U11 Property Owner Date 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 days prior to the scheduled meeting date. # 3912 Variance Application-January 2017 Paoe 15 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM i I(we) :%1.W le t e/ _016.1 %PA• a' 1a 1 11, ' V Oiru ,[print name(s)] • pnnt address] 3536 v:, e sewed 1 plans for the proposed improvement or proposed use of the property located at t�f + . Y -LA IL. L A also referred to as Land Use Application No. • r ( =) under�t�nd ha 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�•lan and that the proposed neighbor's project or use requires Council approval. kit qi-dr•&&ta 1 3- 7 RECEIVED Property Owner / Date FEB 21 2017 -7qg 'Ge/7 CITY ofORONO Pr..-rt • 401. 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. #3 9 12 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I(we) )AiN) C. C i1rt>T(MJOf '3 CD k¢y( 1d�n�C21�2 �f�t0 p ` b [print name(s)] [print address] t r have reviewed the plans for the proposed improvement or proposed use of the property located at 4l/kl]11,.Tr" also referred to as Land Use Application No. (we) o oo understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or u-- but merely to confirm for the City Council that I (we) am (are) aware of the Improvement plans and ' at th roposed neighbor's project or use requires Council approval. ,1// Z_ roperty rhe I Date RGr.CNE® FEB 21 2017 Property Owner Date GtTY 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 days prior to the scheduled meeting date. # 3 912 Variance Application—January 2017 Page 15 PC Exhibit I RUN DATE:02/15!2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) #17-3912 38 07417-23 310005 38 07.117.23 31 0021 38 07-117-23 31 0030 MICHAEL P RYAN Z C PERET&;F JOHNSON ASIM MAJEED/GRACE M MAJEED 4495 NORTH SHORE DR 1340 REST POINT CIR 1261 WILDHURST TR ORONO MN 55364 ORONO MN 55364 ORONO MN 53364 MICHAEL p RYAN ZIGMUND PERET/JONI JOHNSON ASTM MAJEED 4495 NORTH SHORE DR 1340 REST POINT CIR 1261 WILDHURST TR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0006 38 07-117-23 31 0022 38 07-117-23 31 0040 R N MCLELLAN REVOC TRUST M 1 ALTENHOFEN ET AL A;ZABILLA&H N ZABILLA 4515 NORTH SHORE DR 1342 REST POINT CIR 1297 WILDHURST TR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 RICHARD N MCLELLAN MARK J ALTENHOFEN ANDREW&HITOMI ZABILLA JANINE E MCLELLAN 1342 REST POINT CIR 1297 WILDHURST TRAIL 4515 NORTH SHORE DR MOUND MN 55364 ORONO MN 55364 MOUND MN 55364 38 07-117-23 31 0007 38 07-117-23 310026 38 07-117-23 32 0024 ROGER S/ELAINE M HAYDOCK TRS R L BIRKELAND TRUSTEE ET AL KATHLEEN G ASH REV TRUST 4535 NORTH SHORE DR 38 ADDRESS UNASSIGNED 4615 TONKAVIEW LA ORONO MN 55364 ORONO MN 00000 ORONO MN 55364 ROGER S&ELAINE M HAYDOCK ROBERT L BiRKELAND KATHLEEN 0 ASH 810 MAIN STN 0288 7205 2ND AVE SO 4615 TONKAVIEW LA SPEARFISH SD 57783 RICHFIELD MN 55423 MOUND MN 55364 38 07-117-23 31 0008 38 C7-117-23 31 0027 38 07-117-23 32 0025 FRANK WEIGEL/ESTHER NAZAROV R L BIRKELAND TRUSTEE ET AL ERICH K BLAUFJSS/E BLAUFUSS 4496 NORTH SHORE DR 1298 WILDHURST TR 4625 TONKAVIEW LA ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 FRANK WEIGEL ROBERT L BIRKELAND ERICH K BLAUFUSS ESTHER NAZAROV 7205 2ND AVE SO ELIZABETH BLAUFUSS 4496 NORTH SHORE DR RICHFIELD MN 55423 4625 TONKAVIEW LA MOUND MN 55364 MOUND MN 55364 38 07-117-23 310015 38 07417-23 31 0028 38 07-117-23 32 0027 TRAVIS DEJONG/JULIE DEJONG R L BIRKELAND TRUSTEE ET AL A C SEVERSON&W L SEVERSON 1270 WILDHURST TR 38 ADDRESS UNASSIGNED 4635 TONKAVIEW LA ORONO MN 55364 ORONO MN 00000 ORONO MN 55364 TRAVIS DEJONG ROBERT L BIRKELAND ALENA C SEVERSON JULIE DEJONG 7205 2ND AVE SO WILLIAM L SEVERSON 1270 WILDHURST TR RICHFIELD MN 55423 4635 TONKAVIEW LA MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0016 38 07-117-23 31 0029 38 07-117-23 32 0030 W E PINEGAR&R A PINEGAR P SAWICKI&K M SAWICKI STEPHANIE FERRELL 1347 REST POINT C!R 4510 NORTH SHORE DR 1310 REST POINT LA ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 WILLIAM&REBECCA PINEGAR PSAWICK:&K M SAWICKI STEPHANIE FERRELL 1347 REST POINT CIR 4510 NORTH SHORE DR 1310 REST POINT LA MOUND MN 55354 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 00:7 38 07-117-23 31 0030 38 07-117-23 32 0031 PREMIUM PROPERTY GROUP INC BETH E BESS ESEN D&J BOLES JR 1337 REST POINT C:R 4500 NORTH SHORE DR 1360 REST POINT CIR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 PREMIUM PROPERTY GROUP BETH E BESSESEN DAVID B&JENNIFER BOLES JR 215 WALKER AVE 5 4500 NORTH SHORE DR 1360 REST POINT CIRCLE WAYZATA MN 55391 MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 00 18 38 07-117-23 31 0031 38 07-117-23 32 0034 DAN CHRISTIAN PATTI MAE SCHIMMEL ET AL CHRISTINA C NILLISSEN 1320 REST POINT CIR 1 299 WILDHURST TR 1365 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 DAN CHRISTIAN PAT.^I MAE HYLEN CHRISTINA C N:LLISSEN 1320 REST POINT CER 1299 WILDHURST TRL 70 BOX 814 MOUND MN 55364 MINNETR:STA MN 53364 WAYZATA MN 55391 0814 38 07-117-23 31 0019 38 07-117-23 31 0036 38 07-117-23 32 0043 S ALBRECHT&B ALBRECHT ETAL B;CLOSE&J B POTTS CLOSE KENNETH J HICKEY 4545 NORTH SHORE DR 1214 WILDHURST TR 4640 TONKAVIEW LA ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 KATHLEEN A ALBRECHT- BRADLEY J CLOSE KENNETH I HICKEY 4545 NORTH SHORE DR 1214 WILDHURST TR 4640 TONKAVIEW LA MOUND MN 53364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 310020 38 07-117-23 311 0037 38 07.117-23 32 0046 JANICE K DE MATTED BRIAN ROATH&LISA R ROATH DAVID WHITE&TRACY WHITE 1336 REST POINT CIR 1200 WILDHURST TR 1240 GARDEN CT ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JANICE K DE MATTED BRIAN ROATH DAVID WHITE&TRACY WHITE 1336 REST POINT CIRCLE LISA ROATH 1240 GARDEN CT MOUND MN 55364 1200 WILDHURST TR MOUND MN 55364 MOUND MN 55364 RUN DATE:02/15.2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 07-117-23 32 0052 K J GROVER&S K GROVER 1315 REST POINT LA ORONO MN 55364 KEVIN J GROVER AND SUSAN K GROVER 1315 REST POINT LA MINNETRISTA MN 55364 38 07-117-23 32 0063 AMANDA ERICKSON/RYAN FLATEN 4620 TONKAVIEW LA ORONO MN 55364 AMANDA M ERICKSON RYAN B FLATEN 4620 TONKAVIEW LA MOUND MN 55364 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and puylish the moat current property information availab;e.The viewer should understand,however,that Hennepin County makes no representation o-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 FEB 232017 3 9 1 2 CITY OF ORONO ' PC Exhibit J HHennepin County Locate & Notify Map #17-3912 Provided By: Resident and Real Estate Services Date: 2115!2017 _.-._.. > `v .. - M1. - y r. 07-1-1723.23 07-117-23-24 e�'- ��; '* 107-117-23-13 -. .44.., - - —. w L ` . - V 1 w S.. w • ►, 'r - . i L I . - ' -E. a 4 q.' I 07-117- + -'Ty r f r `1'�.�� /P 07-1 17-23-42 A • j ; - L t A ,w 07-117-234,2 07-117-21;:' • � .: y - •n i t ac G 07-117-23-34 07x117-23-43 07-117-23-33 » - 07-117-23-33 07-117-23-34 07-117-23-43 0 Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I r I I I r i r i RECEIVED For more information contact: Hennepin County GIS Office 6th Street South FEB 2 3 2017 Miinneapo a MN 55487 gis.i nfo@hen nepl n.us CErY OF ORONO # 3912 Item 8 Date Application Received: 02/21/17 0 Date Application Considered as Complete:02/21/17 \W4-Es N 60-Day Review Period Expires: 04/22/17 ' To: Chair Thiesse and Planning Commission Members C.Doug Reeder, Interim City AdministratorH From: Melanie Curtis, Planner i'Y1GG Date: 20 March 2017 Subject: #17-3914, Phil & Darcy Otto,4116 Highwood Road Variance Public Hearing Application Summary: The applicants are requesting a side yard setback variance in order to construct an addition to the existing home. Staff Recommendation: Planning Department Staff recommends approval. Background The applicants are proposing to construct an elevated (main floor) 16'x 16'addition to the rear of the home which will encroach as close as 3 feet to the side property line where a 10-foot setback is required. LOT ANALYSIS WORKSHEET Sections 78-330-Setbacks: LR-1B Required Existing Proposed Variance Needed? Front 35' 25' No change No Rear 30' 250' 234' No Northwest Side 10' 0.3' (house corner) 3' addition Yes Southeast Side 10' 15.5' No change No Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' 113' along Highwood Actual 16,847 s.f. (0.38 acre) ±49' at 35' SB Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 16,847 s.f. (0.38 acre) Allowed: 2,527 s.f. (15%) Existing: 1,417 s.f. (8.4%) Proposed: 1,726 s.f. (10.2%) Note:Structural Coverage regulation was amended by the City Council on March 13, 2017, raising the limit to 20%of the lot area, and adjusting what is calculated. FILE#17-3914 March 20,2017 Page 2 of 4 Section 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 2 16,847 s.f. 5,054 s.f. 2,884 s.f. 3,071 s.f. (30%) (17.1%) (18.2%) Applicable Regulations: Side Yard Setback Variances (Code Section 78-330) The applicants are proposing to expand the main floor of the home on the northwest side;the 16'x 16' upper level addition will not encroach closer to the side lot line than the home currently, it will be constructed on posts. The home and the property line are situated at an angle;the applicants' home is set back 0.3 feet from the lot line. With the proposed offset,the addition to the rear of the home will be as close as 3 feet from the lot line where a 10 foot setback is required. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The proposed addition is residential in nature. Due to the orientation of the adjacent properties and the homes on each property,there is adequate space for light,air and open space between the addition and the neighboring home.The variance is in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The variance allowing improvements to a single family residence in a residential zone are consistent with the Comprehensive Plan as well as the character of the neighborhood. 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 10 foot side setback appears to be reasonable FILE#17-3914 March 20,2017 Page 3 of 4 as the adjacent properties do not appear to be adversely impacted;the mature vegetation and topography separate the Property from adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The shape and size of the property were not the result of actions by the landowner.The existing home was constructed as a replacement home as the result of a fire in approximately 1989; the new home was constructed in approximately 1994 by the current owner in the location of the previous fire- damaged home. The nearest structure on the neighboring property to the northwest is a detached one-story garage and it is set back and oriented sufficiently to allow for light, air, and open space between the two structures; 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 proposed post construction will permit existing drainage patterns to be maintained. Stormwater drainage in this neighborhood is challenging. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The topography,lot width,and the home's proximity and orientation to the property line are special conditions unique to the property. 5. 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 east, the narrowness of the lot, the angle of the property lines from the road, as well as the nonconforming location of the home on the lot make this property unique. 6. 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 severely limited on the property. Staff finds the variance is necessary to preserve the property right of the applicants. 7. The granting of the proposed variance will not in any way impair health,safety,comfort or morals,or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The lot width,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 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. Septic System Status The property is served by city sewer. FILE#17-3914 March 20,2017 Page 4 of 4 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 the nonconforming location of the house results in limited to no expansion opportunities, which constitutes a practical difficulty with respect to making any improvements or changing the footprint. The proposal to construct the addition on posts will continue the existing drainage patterns.The variance is supported by practical difficulties. Public Comments Comments from neighbors are attached as Exhibit G. 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 The Planning Commission recommends approval of the variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Elevation Drawing Exhibit E. Aerial Photos Exhibit F. Site Photos Exhibit G. Neighbor Comments Exhibit H. Property Owners List Exhibit I. Plat Map PC Exhibit A City of Orono #17-3914 Variance Application /���a Street Address: Application# `] C f , 2750 Kelley Parkway Orono,MN 55356 Date Received. t a \ Main: 952-249-4600 Staff: fax: 952-249-4816 Fee: $700 ► ` Mailing Address: . . P.O.Box 66 Escrow: $700 / $ 500 �G Crystal Bay,MN 55323-0066 Notes: e.`.kfsti0 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: 'T ii b H7 Li h wODdI ISO et-6L O rD t7D DESCRIPTION OF REQUEST: I (y X 16 cd d,..RC r) -s,e.e„ +1-m-cked (attach additional sheets as necessary) APPLICANT INFORMATION: 0 check here if Applicant address should be used for billing Applicant: Phi I I'ID 4 J)a-r A __ 6-f—f v Phone(Primary): cts2 _797^6,,q2.1:0 Mailing Address: J1b ft- A poet _12 City: � ZIP: b----'5-__042 _- . rim_ 5S�t�f_ Email: .1? - ,�� _-r. r o WJ _ PROPERTY OWNER INFORMATION: I11'check here if Property Owner is same as applicant Cl check here if Property Owner address should be used for billing Name: Phone(Primary): Mailing Address: 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 em twor,../..-"--. ! Applicant Signature: J. �, /� Date: Z - 20 - 1-7' Applicant Signature: Y.X . Q;�6 Date: a —/7 (4Property Owner Signature: Date: ��-' Property Owner Signature: d- tali,--- Date: .2 - -/ 7 RECEIVED Variance Application—January 2017 FEBq Page 4 # 3914 FB 2 2 L01 7 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. Ivtcie rrb First Middle Last Ltt ( L 1.-Vi t401c c t k2L Address City State Zip Phone understand my rights as stated above. LP Signature RECEIVED Variance Application—January 2017 Page 14 FEB 2 2 2017 3914 CITY OF ORONO PC Exhibit B #17-3914 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 permi by the Zoning Chapter." yesi Mill aqR _once' req t.&e't+ ,� 1 ovJ! r side✓ si-I-ho - as o PPosed. +P Te, I o-�-° ' t- i u- o4-ion . 2. "The plight of Ole landowner is dup to circymstances unique to his property not created by the landowner." SeG4.• Lt.c ed' Stec.-r 3. "The variance,ifranted, will not atter the essential character of the locality." Noj (trirlt fen j ci aeS% nen -it - ,1 -t-9Ifi i i 'YLSe1'\ �� o'Y1Mt- -The,'1The, A ti{1�l �E{ P A i j Olrl yV � 0 y-)1 ci ezt.0 i re-,- wo u.nc1 O�oSI'S - y 4. "Economic condiderations alone`do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." ;cc>nhm�G Cin Si ex- stns a e_ n�" Cr.-- --Cy -1ti,.s ►5 �e� - ct e.{yyt �1-t Gt v i .li by► cur\ '1 S D v1 �1l 5 ro w�`1'V' o ' ta.n all 0,- t. . q - eh,� �' J�t`� 1�'' S St �-+ y � ��n n t bb r n ro pie t�--t't es . 5. "Practical difficulties include, but are not limited to, inadequate acces. to direct sunj t'tor 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 FEB 2 2 2017 # 3914 CITY OF ORONO 1 7. "The Ba2rc or Council may permit as a variance the temporary use of a one-family dwelling as a two-family cweli;ng 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately aloin ng property.:' "--5 0 LL lt) a ." S 4-zt of o+ s -ale- p- ale- P+.1 v l I �1- Cy 1 an r t o oe--t h15 •e t7ete► c f u'fi fi Ov --fir' 9. "The conditionsinot apply generally to other land or structures in the district i whi h said land is located." -G, i v{' "h P l Y- ct r e YY! + y GZ P i C 6- jot5 ( y O t.+t-t1"` CA Ic ck . itr- 4-_ -r ti lit DP` t-[ITC,1n,io- j �4-. t yt C {L{� F�((nar tk1 1><-F% (vie S V ' c.e 10. "The g antmg of the a p icat n is necessary t the servation an enjoyment o a su stantia property right of the applicant." �.," Q ^ l i \I-e61 We, Ir) tPve SV • t Ae Ct.actt-i e, 1 01,--anIii vfi 11 Q-6{d_ M r hereato V l i e L -be_ v1e_t rc oaf O- tv i aS Me . 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." Nit 12. 'The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable ifficulty" Sec, Sq rtk✓ �: 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) TbGor iaiV1CtI 1,1puCC_ p16_ettnie.M ViCts appro\ree 641 ht e. Ct q. t 0 c- O r sv' o . 1)Vt. A-1 t_ LA n t q ,,,,, ( of 11 s 1 2."c c_+1 et iAd:ACC- C \"vta.+:.- -t.i..V-ei "x'7'1 e.. v air i en c e- Y'e q t,�r cs'k'cat -}-01,- e_.__ aA d.- --;cin t,.: i i ! vv i 11-1 144 cull t z-e Alive. ;ivt pa-c+ aot jet_ t:.e v-1-1- ?'r-e y e rt--i -e s an di Ige S " J - --`hr_ t .-1-- i 2. _. :__ NfV�L1aVC. r-t ‘,/..at t.� ..c 64 1A' t L 44-C.In a_pp r c\fa i -C1,--0,-10 c L.4_,e- acI aC.-C.vti r\-e-i ti1.ocrSGt4-r' weSte r✓ly i"�s`eh,loor \i\a-47 a— U-tou-bt-e.. toff • \ALc.... 0-u e- V. t.S--i d .ed Gal- 1-1n; S pr off-v-4-7 -6 r 2-2- y-e r5 a-vv:t. h -p-r. -Mt- pro Fic.,0-+1 -I-o & 5--� t Aarett wortin I Or-- 9©oet resale_ ) mct_tn-aiM -I-11-e_ Y -05:cievt+'a_\ Vc�l-u..e. R S and vx.t.:1 1-t�ov-k o�e� � & &r _Ruin t l %/ �n e e l s Y 5 (cel � n cape__ dryly) 01 e_A_Ct v101 .-Vti'e- w G v ..l c t i lc- k) axit d i- O n `-mss pp() t b y�tlnG e_t 6 `vie-r>� . J . RECE Variance Application—January 2017 IV ED Page 8 FEB 2 2 2017 3914 CITY OF ORONO Practical Difficulties Documentation Form Page 7 of variance proposal. 2. Plight of homeowner is due to circumstances unique to the property not created by landowner. a. The west side of the house is positioned near the property line as to the original building permit/variance for the house.The east side elevation terrain drops off quickly creating construction challenges and the ability to access the back yard on somewhat level terrain. Positioning the addition at 3ft off the property line eliminates these challenges. b.The addition placed at the 3ft mark,allows the eat pole placement to be at level grade. c. Presently,the retaining wall is intact and performing well.At the 10 ft setback,the integrity of the wall maybe compromised.The east pole would be placed on the hill as well as a tie-back pier foundation would be needed underground to support the pole due to the downward slope.(Similar to rope on a tent pole underground).This support system would not be possible due to home sewer pipe and drainage is this location. d. As mentioned above the city sewer pipe and the home drainage are placed In the area needed for additional support of the east pole. e. The addition placed at the 3ft mark allows for the lower level window to remain open and uncovered, allowing for natural sunlight to the lower room. (Looking at the picture of the back of house the meter to the east and the end of the wheelbarrow to the west represent the coverage of the window at the 10 foot setback. f. In keeping with the fire code,5/8 sheet rock will be used on the west wall and 50 percent window coverage. 12. The difficulty is clearly evident,proved in the following challenges to a 10 ft west side setback. a. Our lot size is unique,the house is positioned near the west side property line as originally approved by the city of Orono. b. Our proposed position of the addition would allow the elevation to remain consistent with the natural slope of the yard allowing the east post to be placed at level grade and without the additional underground support. (tie back pier foundation). c. The access to the backyard would remain on level ground. d. The integrity of the retaining wall is not challenged. e. At 10ft the sewer and drainage area do not allow for additional support needed. f. At 10ft the lower level window would be blocked from natural sunlight. # 3914 0 Bin Permit Survey U �_ (1r, fl x � Prepared for: cep W fej/'--- Darcy Otto \, �, of j e \ joy c -. �9 Legend /� p o • Found Iron Monument SS2F f�'/4�� x 000.0 Existing Elevation ie 'OGs O Existing Well 08'1 ® Manhole f . RW Retaining Wall Cc 1 i Q oCc �N. �, O �0'k�F�c �O� 1, oy1 / SCALE `� oc ��¢ / 0 15 30 �,L �`. ,4". s�;,9 CO'Q`oe .t), \* ,gra°' 4.3 �o, / 1 inch = 30 feet S9`S8 1 ,�Q�� \4) 4) . oti es / ,N 40 oe' Jcc ,�4 , yF �. CO cl/2 / / / /Or47 os 0, y� 94,4 • 0 Jo � z Nc 0 „.. , 4,,,„ �0�J�0c i� //yg of/e MH' 994/7.84 / 8 t` �c 0Q b1 / t Site Address: F ,��� '- %Ease'Na / 4116 Highwood Rd 6-' c..0. /�ty`py _.4::9,52;„. � RW- �5, ..- 2857153) Orono, MN 55364 o / 'r'o `sem- � �� O o E-0,off, �o Off, �'A„ 39 \-`/,, / / ; g.A ironofPI putedeO2 f' kr .\ 03 ,\ 1-'a�1 NCO �, iouise j / Proposed Hardcover Calculations (sq. ft.) House/ Proposed Addition 256 N1Q X8angle °int Y\' �\`\\ ��i111�/ sf�,os �,y, Ft'9551'0 Existing House 976 16 / 57 E-_` 1 / /' �f° 6 /� GF 9 / Deck & Steps 433 15 (-Comp.)�`� °J ^``?i° '� Bituminous Driveway 1,445 ��/ \aJ c, e / Retaining Walls 365 '� Shed 61 .�`6,c, 7' \, �� 3,536 xistin .4.F.9 ss % Garage j6 �ry / /e6' .J Lot Area 16,847 0 6 OPok.� i Total Hardcover 21.0% /♦ Al/ �9 Ste rn ,/82i__RW_2ase ;:t°s -- No. 1 13• 2 - - .;% I / > (DOC.15. Note: No grading is proposed for this site. O /s 15-61.6"47"'"'".."‘i Zg57 Off Bituminous 9 �� „ � Driveway .0 20 04 W Boundary Description (supplied by client) 13.3' / That part of Lot 38, "Highwood Lake Minnetonka', RW-. A . j 959.1 x ' Hennepin County, Minnesota, described as follows: ��� r �l '"� , Commencing at the Northeasterly corner of said Lot; O� `�,6 g� as tfaqeled)'' said lotnce s audistantcel of 989the feet tootheepointl Southeasterly of N. 10 od — 1ine,( beginning of the property being described; thence „� � � Centel deflecting right 69 degrees a distance of 6.2 feet; a3 11ig - thence deflecting left 90 degrees to said Southeasterly 563.5• rxjy�35 line; thence Northeasterly to the point of beginning. I That part of Lot 40, "Highwood Lake Minnetonka", Hennepin County, Minnesota, lying i Southwesterly of the line drown from a point on the Northwesterly line of said Lot, • •653 / distant 22 feet Northeasterly from the Southwest corner of said lot, to a point on the . / most Southeasterly line of said Lot, distant 12 feet Northeasterly from said Southwest corner. 965.4 Lot 39 and 43, "Highwood Lake Minnetonka", Hennepin County, Minnesota. Bearings based on assumed datum. Book/PagJob Number:e: LL 8266 SCHOBORG LA D SERVICES l hereby prepared certifyby me foot orunder this certificateirect of survey was my bell supervision and that i am a duly Registered Land Surveyor under the laws of the St, Minnesota. Survey Date: 8/10/16, 8/12/16 / Drawing Name: otto.dwg _� //�yL ��- ' �! �g-L Drawn by. KLB, DMS INC. Paul B. Schoborg Revisions: 1/23/17 (prop. addn. location) 763-972-3221 8997 Co. Rd. 13 SE T*1 a,� _23 Z�.t`7 Registration No. 14700 www.SchoborgLand.com Delano, MN 55328 Dote: �___ PC Exhibit D . .....,,, #17-3914 ..- ...... ..,_,-.. -... ,J )t ,;. 1 _,, so , . --4.... -....- ; f , N /4,...41.3,04,.....,-.-"..111 ". ., '), ic r .. r„.,........ .„ N — • ‘._ . — - rws),.. ..' lic.........,....4.4.440". ,.. 411444,,,,,,,00,,,,,.., ......."..-.% ...:\ . ,1 ,. i \. • — ' • ----.---d .1 , 'L. .,,,,,....w•Clk.Li 1 \ 4,..6 f J i ; ',, '9•001; t 1 ij . 1 / .., . . ‘•.. :41e*.1 '• I ,I ) \,-„„...............\ t ___..., V, ',. ‘- -- . d ' ' ---'"t-I'' og t•L' 7::',., '' ir731 r r .. X V6-.';: -.......3 -‘.- !i-;•, :7.."..'":4.._..4,• f : ''' '*Z;,••,, c • 1 1 :.1 .. ''.'''' .4-.":'°k.'''''''' t,7. ,,li 4-,. te"• .'' '•,.-41 ‘,-----.. .--At ;-.! ri 04 f ii ' . . ---,...... ..._ ... , , \ i.14.,,,„.....,-L. •\ ...'... irelati•:-..•. — ' . - . .- \ ''''\ ‘. 2- -,- '` . .• ----i- -I, , — : ,•. -,, ., . _... \ ,,.., \-i\t" ' , i• •-,..--- RECEIVED FEB 22 2017 'kk , • \,. OTY OF ORONO # 3 9 14 •, ..,„ ....„... PC Exhibit E #17-3914 City of Orono , '�0�\ Hardcover Calculation Worksheet 1Property AddressLui ) c/ CfSHOV`., Prepared by: � i , -- - 1-1_citU_ 10 ir\lL' r St,663 Date: 2_-13 17 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 ler 2 ter 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER (fltrikC04e- (QS,. lace`-eci cf l Ntc7/ Iic s' In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey I (>i 1 L (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 separateljfor each portion. Key to Hardcover Item(Describe) Length x Width Total1 Surve- — i (Square Feet) Examole Jpara.e (24'x 3C (720 5.F..L 1-1_3S F_1 I i 41.1- :S F a '+' ► 0 Is - I - - 31,c,---S.F._ E 5 be -- _ I S.F. F - -1Lka_YSYt �-t.v4vved. i VI- S.F,_ G 7)r(),') A-c (c-_- ---1 7- i H - �.l.2 x.l�'__ ! `Z- .S�._._SAF.J - S.F. - - - - S.F._I - --�.. - _ . JS.F. K S.F. L -- -- - -.. - -- - - - S.F, M _ S.F.5.F NS.F. --"C5+ - --- _ - S.F. P - - --- - - --- - S=F Q S.F. RS -- - _ --- - -- -S.F. S S.F. — — — — r U - - - - - S.F. ✓ -- - -- - -- S.F. W S.F. X S.F. -- Y S.F. Z -- _ --- - �..- S.F. (1) Total Proposed Hardcover L-3,..6-_-,:3-- F, Excludable Hardcover(See City Code Sec 78-1684): t a m „,_ L _ 4.5- S.F_ f�� loo t) S L`' 6 -fi -- - t_6 o S.F. S.F. - S.F. -- -- -- - -- -------- S.F. (2) Total Excludable Hardcovers g,F, I 3 Net Pr.•osed Hardcover [Subtract line 0 from line(1)1 - ...__W _ 6 S.F, (4) Total Lot Area _i _41.: L_', - Proposed Hardcover Percentage [(3)1-(4)] RECEIVED Variance Application--January 2017 Page 12 FEB 2 2 2017 3914 CITY OF ORONO City of Orono 1 r.v.DAo Hardcover Calculation Worksheet , ; Property Address: IL i+iss v y w06 a R, Prepared by: t/ Ke 11 rou.v‘]c_r Sch„00rc Date: 2 - 3act Stormwater Quality Overlay District Tier: (Circle one) Tier Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER 1+c.ti'tiC6'vr'rCGSs 6(64?CI0fl / 1L/% 6 ( 41410 In the following table identify all items of existing hardcover on the property, keyea try 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 ttem(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) —_— (24' x 30) (.7_20 S.F.) A __Q B t c lL ` 4k1. vc) 'C'}- 5_F i)riv W� --. 1_i_ `tcS.Li 1 115 = S.F. E I S.F. S.F. I G _._�___I t:.r�fi L�.(.hi2C m ov e r.t � S.F. J S.F. K S.F. S.F. S.F. S.F. O S.F. P —. — -- — S.F. Q i I S.F. S F.� S -- — S.F; T ------_--._. S.F. -- — -- S.F. W — — -- — — S.F. S.F. X S.F. Y S.F, S.F. (1) Total Existing Hardcover 3 S F. Excludable Hardcover(See City Code Sec 78-1684) ¶ Q ( 4- Wit`t?? S.F._ lDo S.F. }— — S.F. ----. -- — -- _—___ (2).Total Excludable Hardcover S-r 13). Net Existing HardcoverdSubtract line(2)from line(1)1 --_— ��Total Lot Area S.F. Existing Hardcover Percentage ((3)+(4)] 1 , + % (Proposed Hardcover next page) RECEIVED Variance Application--January 2017 FEB 2 2 2017 Page f1 # 3914 CITY OF ORONO \ .I, ` �: PC ` . . 4/ ''i.� , Exhibit F ;&, ;r,. •'ar #17-3914 k. N+•.' �r y .,oto .' s4,,,4 i;.i %*„ . 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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. cADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) £iaç of t•i /) _p- ( [print nate(s)] [print a'c rbs ] 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 plan :nd hat the proposed neighbor's project or use requires Council approval. OP 4,,� i- / /7 Prft)perty Owner t rate L04-4_2_14 4 'V 1/ ,_. : /�_( f 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 Variance Application—January 2017 FEB 2 2 2017 Page 15 # 3 9 1 4 CITY OF oRONo 2!151.1017 G&K Services,Inc.Mall-4118 Highwood Road Orono.Phil and Darcy Otto .ac Scott Anderson asanderso@gkservices.com> Gil(SERVICES 4116 Highwood Road Orono. Phil and Darcy Otto 1 message Otto, Darcy(OSH)<OttoD@distrlct279.org> Wed, Feb 15, 2017 at 6:37 PM To: "sanderskservices.com" <sanderso@gkservices.com> Date -2 KS/7 I '.�rd have talked to the Otto's our next door neighbors and agree to an addition underneath the side setba limit in `r backyard. ff1 Signature f., 'L� Cathy Anderson Signature f: Scott Anderson Sent from my iPad RECEIVED athy ACRY OF ORONO hltpsJ/mail.google.corn/maiIlca/ur01?ui=2&ik=2d947371b08wiew=pt&seard inbox&dr15a445a3ca63e6f6841m1=15a445a3ca63e6f6 1l1 PC Exhibit I RUN DATE:02/13/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) #17-3914 38 07-117-23 44 0009 38 07-117-23 44 0021 38 07-117-23 44 0052 R S PROCHNOW&S B PROCHNOW D M SMITH&R G SMITH TRS T J WOYCHICK&C L WOYCHICK 4075 HIGHWOOD RD 4175 HIGHWOOD RD 4140 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 ROBERT S&SARAH B PROCHNOW DOUGLAS M&ROBAN G SMITH TED J&CARRIE L WOYCHICK 4075 HIGHWOOD RD 4195 HIGHWOOD RD 4140 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0010 38 07-117-23 44 0026 38 07-117-23 44 0053 TINA PROVETTO RICHARD BRECKE/SUSAN COCHRAN HENNEPIN FORFEITED LAND 4079 HIGHWOOD RD 4174 HIGHWOOD RD 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 55364 ORONO MN 00000 TINA PROVETTO RICHARD BRECKE CITY OF ORONO 4079 HIGHWOOD RD SUSAN COCHRAN P 0 BOX 66 MOUND MN 55364 4174 HIGHWOOD RD CRYSTAL BAY MN 55323 MOUND MN 55364 38 07-117-23 44 0011 38 07-117-23 44 0027 38 07-117.23 44 0054 F L JOHNSON&D L FOSS NORA R PASSE HENNEPIN FORFEITED LAND 4091 HIGHWOOD RD 4166 HIGHWOOD RD 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 55364 ORONO MN 00000 FREDERIC JOHNSON NORA R PASSE CITY OF ORONO 4091 HIGHWOOD RD 4166 HIGHWOOD RD P 0 BOX 66 MOUND MN 55364 MOUND MN 55364 CRYSTAL BAY MN 55323 38 07-117-23 44 0012 38 07-117-23 44 0028 38 07-117-23 44 0055 ALONZO B SERAN III JON LLOYD BAKKE HENNEPIN FORFEITED LAND 4099 HIGHWOOD RD 4150 HIGHWOOD RD 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 55364 ORONO MN 00000 ALONZO B SERAN III JON L BAKKE CITY OF ORONO 4099 HIGHWOOD RD 4 150 HIGHWOOD RD P O BOX 66 MOUND MN 55364 MOUND MN 55364 CRYSTAL BAY MN 55323 38 07-117-23 44 0013 38 07-117-23 44 0029 38 07-117-23 44 0056 GARY L GERMUNDSEN ALEXANDER BURCH/JAMIE BURCH CITY OF ORONO 4101 HIGHWOOD RD 4148 HIGHWOOD RD 4100 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 GARY LAWRENCE GERMUNDSEN ALEXANDER C BURCH CITY OF ORONO 4101 HIGHWOOD RD JAMIE L BURCH P O B0X 66 MOUND MN 55364 4148 HIGHWOOD RD CRYSTAL BAY MN 55323 MOUND MN 55364 38 07-117-23 44 0014 38 07-117-23 44 0030 38 07-117-2344 0057 JACK D&EILEEN M STEWART I D CUSACK&C M GRACE STATE OF MINNESOTA 4105 HIGHWOOD RD 4140 HIGHWOOD RD 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 55364 ORONO MN 00000 JACK D STEWART C GRACE&1 CUSACK DNR REAL ESTATE MGMT 17405 23RD AVE N 4140 HIGHWOOD RD ATTN DEBBIE GURTIN PLYMOUTH MN 55447 MOUND MN 55364 500 LAFAYETTE RD ST PAUL MN 55155 38 07-117-23 44 0015 38 07-117-23 44 0031 38 07-117-23 44 0058 G W&J L APPLEBAUM SCOTT 0&CATHERINE ANDERSON CITY OF ORONO 4109 HIGHWOOD RD 4132 HIGHWOOD RD 38 ADDRESS UNASSIGNED ORONO MN 55.364 ORONO MN 55364 ORONO MN 00000 GEORGE W/JOANNE L APPLEBAUM SCOTT G&CATHERINE ANDERSON CITY OF ORONO 4109 HIGHWOOD RD 4132 HIGHWOOD ROAD P 0 BOX 66 MOUND MN 55364 MOUND MN 55364 CRYSTAL BAY MN 55323 38 07-117-23 44 0018 38 07-117-23 44 0037 38 07-117-23 44 0059 M P KOCH&N A MARK-KOCH JAMES M CLEARY HENNEPIN FORFEITED LAND 4 i49 HIGHWOOD RD 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 00000 ORONO MN 00000 MARK KOCH&NANCY MARK-KOCH JAMES CLEARY CITY OF ORONO 4149 HIGHWOOD RD 4109 NORTH SHORE DR P 0 BOX 66 MOUND MN 55364 MOUND MN 55364 CRYSTAL BAY MN 55323 38 07-117-2344 0019 38 07-117-23 44 0038 38 07-117-23 44 0062 S MUSGJERD&M MUSGJERD JAMES M CLEARY THE ALEXANDER TRUST ET AL 4156 HIGHWOOD RD 4109 NORTH SHORE DR 4056 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 SCOTT&MELISSA MUSGJERD JAMES CLEARY BRETT R ALEXANDER 4156 HIGHWOOD RD 4109 NORTH SHORE DR JUDITH MACGIBBON ALEXANDER MOUND MN 55364 MOUND MN 55164 4880 CO RD 6 MAPLE PLAIN MN 55359 38 07-117-23 44 0020 38 07-117-23 44 0039 38 07-117-23 44 0074 D M SMITH&R G SMITH TRS JAMES M CLEARY VIL OF ORONO 4167 HIGHWOOD RD 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 00000 ORONO MN 00000 DOUGLAS M&ROBAN 0 SMITH JAMES CLEARY CITY OF ORONO 4195 HIGHWOOD RD 4109 NORTH SHORE DR PO BOX 66 MOUND MN 55364 MOUND MN 55364 CRYSTAL BAY MN 55323 PC Exhibit J Hennepin Hennepin County Locate & Notify Map #17-3914 Provided By Resident and Real Estate Services Date 2/13/2017 r IA .AV ''''?,:'-'44,''' 4 - , , (7�) 4. -A s) * " a (114 a . fid 07-11 -23r . au r a re) / ,1"--7-,---- hOg . f 1 - i ;;, - • °4 kr Int jr T 4. `�,y} L-) JJJ//J/ 1 9 (7* :' y s 1. / I Ur) 5a I ry4. 1 Y<iud s T. (2)A �s }- tiy.! ' s, .rr., .441: 311 a9U�,ly� 9C -, 18-11743-11 Buffer Size: 350 feet 0 60 120 240 ft Map Comments' ( ( t 0711723440088 PHILLIP M oTTO RECEFEB2 L IVEDZO17 For more information contact: 4116 Highwood Road Hennepin County Office Orono,MN 55364 3t)0 6th Street South Minneapolis,MNGIS 55487 g Is.info©hen nepi n.ue ctrr O. ORONO # 3914 Item 9 A' Date Application Received: 2/22/17 Date Application Considered as Complete:2/22/17 60-Day Review Period Expires: 4/23/17 tie 0l�kfSHOSLt To: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator From: Mike Gaffron,Senior Planner Date: March 20, 2017 Subject: #17-3915, Lecy Bros. o/b/o Charlie& Nora Daum, 1920 Fagerness Point Road - Variances (Lot area, hardcover,setbacks) - Public Hearing Application Summary: The applicants request approval of variances to the required lot area, 0-75' hardcover,street setback, and lakeshore setback, in order to construct a new residence to replace the existing residence on the property. 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 variances as proposed. Zoning District: LR-1C,One Family Lakeshore Residential,0.5 acres/100' min. width Lot Area/Width: 0.42 acres/362'+width at shoreline, 110'+width at 75'setback Total Lot Area:21,044 s.f. Wetland Area:2,527 s.f.+ Contiguous Dry Area: 18,307 s.f.+(0.42 ac.) List of Exhibits Exhibit A. Application Exhibit B. Existing Conditions Survey Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Building Plans Exhibit E. Practical Difficulties Documentation Form Exhibit F. Submitted Hardcover Calculations (Existing& Proposed) Exhibit G. Photos Exhibit H. Plat Map Exhibit I. Property Owners List Exhibit J. Neighbor Acknowledgement Forms Background The applicants submitted an application in 2016 for variances needed to construct an addition to the existing residence which was built in 1971, but soon determined that due to water issues a total rebuild would be necessary. The current application completely replaces the existing house with a new residence, in approximately the same footprint and setbacks as the existing. This lot is just under the 1/2-acre lot size requirement and most of the lot, including the house, is within the 0-75' setback where no structure or hardcover is normally allowed. Although the lot is very wide with more than 300 feet of shoreline,it still requires a lot area variance due to the northerly portion of the lot being wetland above the 929.4' contour. Proposed street setback for a majority of the house is 20-22'with an entry porch being 18.1'from the street lot line.The lake setback is proposed at 34.8' which is slightly greater than the 32' lake setback of the existing home. The property is served by municipal sewer and water. a FILE#17-3909 March 20,2017 Page 2 of 5 LOT ANALYSIS WORKSHEET(Variances noted in bold type) LR-1C Zoning District Required/Allowed Proposed Lot Area (Contiguous non-wetland) 0.50 ac. minimum 0.42 ac existing Lot Width 100' minimum 110'+-362'+existing Street Setback 30' 18.1'Proposed (Entry Porch) Left Side Setback 10' 218'+ Right Side Setback 10' 17' Lake setback 75' 34.8' Average Lakeshore Setback No encroachment No encroachment* *Defined by 26.3'lake setback of 2nd story deck of adjacent home to the south Structural Coverage: Total Lot Area(incl.wetland) Total Structural Coverage 21,044 s.f.+ (0.48 acre) Allowed: 45%* 20%=4,209 s.f. Proposed: 2,475 s.f. (11.8%) *On March 13,2017 the City Council increasing the lot coverage limit from 15%to 20% Hardcover Calculations: Allowed Stormwater Area Net Total Area Hardcover Existing Proposed Overlay in Tier in Tier Outside Allowed Hardcover Hardcover District Tier 0-75'Zone Hardcover Tier 1 21,044 s.f. 5261 s.f. 3723 s.f. 3715 s.f. 1436 s.f. 1436 s.f. (25.0%) (17.69%) (17.65%) APPLICABLE REGULATIONS: 78-350: LR-1C Lot Standards &Setback Regulations. 78-1680: 0-75' Setback Hardcover Prohibition 78-1700(3):Tier Hardcover Limits Governing Regulations: Variance (Sec. 78-123). In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 7 FILE#17-3909 March 20,2017 Page 3 of 5 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 and the associated amenities 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 by replacing the existing residence with a new residence of similar footprint, 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 and shape, and its proximity to the lake.The lot is almost entirely within 75 feet of the OHWL of Lake Minnetonka where no structure or hardcover is normally allowed. The existing home was constructed in 1971 and the existing attached garage added in 1982 pursuant to variances granted by the city. Replacement of the home other than exactly 'in-kind' requires that new variances be granted. All of these are circumstances that were not created by the property owner;and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered from replacement of the residence in essentially the same location as the existing home. The two adjacent homes to the immediate south are on similarly situated lots very near the lake and are each two stories in height. 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 have not been a factor in the variance approval determination. The design of the proposed home is related to the desire for additional living spaces, and the need to solve an existing water problem due to the adjacent grades. 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 single family residence is an allowed use in the LR-1C 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. f FILE#17-3909 March 20,2017 Page 4 of 5 City Code Sec. 78-123 provides additional parameters within which a variance may be granted as follows: 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The condition of having a lot that is mostly within the 0-75'lakeshore setback zone is unique to this and the two adjacent properties to the south which have homes located on a narrow sliver of land between the street and the lake.The vast majority of developed properties within the LR-1C district do not have this condition. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The code standards applicable to this property apply to all other property in the LR-1C District. However, most other properties in the the LR-1C district do not have the limitations imposed by close proximity to Lake Minnetonka to which the applicants' property is subject. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owner wishes to replace the existing home in substantially the same location and footprint as the existing home, while increasing the size of the home by adding second-story living space in the area of the existing one-story garage. Whether these expansions are necessary for the preservation of a substantial property right is for the Planning Commission and Council to consider. 11. 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. In the opinion of staff,granting of the requested variances would not impair health,safety,comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variances 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 variances will alleviate a practical difficulty created by the shape and location of the lot which cannot be resolved except by the granting of variances. 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. Variance Analysis The size,shape and orientation of the lot in relation to the lake makes it impossible to build on the property without variances.Variances were granted in 1970 for the original construction of a home on the lot,and an additional variance in 1981 allowed construction of the existing attached garage. In 1991 a variance was granted for the existing second-story deck located on the lake side of the house; a deck is not part of the new home application, although a grade-level patio similar to the existing patio is proposed. A variance application was submitted in 2016 for addition of a second story above the existing garage. Prior to Planning Commission review, that application was put on hold (later withdrawn) when the owners and their builder concluded that drainage issues for the existing house could not be resolved through remodeling. The current application, for replacement of the existing house and garage in the same location as the existing, resolves the drainage issues,and accomplishes the desired added living space,within virtually the same footprint as the existing home. FILE#17-3909 March 20,2017 Page 5 of 5 The new home with a full story above the garage will increase the livability of the property while not adding to hardcover nor to the structural coverage percentage.The new home is not increasing hardcover, and structural coverage is well below the limit for this site. The close proximity to the lakeshore as well as the substandard setback to the street are clearly a function of the lack of lot depth from the street to the lake, and this factor is shared by the two adjacent homes to the immediate south. Planning Commission should consider whether there is a need to provide screening from the lake for the new residence, due to the limited lake setback; will the existing trees be saved? Staff would note that the house across the street sits significantly higher than applicants' house,so that lake views enjoyed by that off-lake owner(views which are not protected by code)will be minimally affected. Practical Difficulties Statement Applicant has submitted a Practical Difficulties Documentation Form attached as Exhibit E, and should be asked for additional testimony regarding the application. Neighbor Comments The City has received no comments as of this writing. 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. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the requested variances. If Planning Commission determines that the practical difficulties test is met,then a recommendation for approval would be in order. City of Orono Variance Application Exhibit add : arse 751131 e: Psrkwey Application# / - ci 604 Ifo-$$b b) (....- Q Orono,t�tW 55356 Date Received: fax 952-249-461 g Staff: YA p�. A a S\\,s,:::....... pAddrmasaBox 66 : Fee: $700 V ' !� �G it PCrya1 Bay,MN 55323-0066 Notes: ,y �70Q / $Z,l W f Esti O* Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will mg be placed on Planning Commission Agenda. SITE LOCATION: VI Z..0 a L ,, Pt 7A.'r /?cPW DESCRIPTION OF REQUEST: *fib _ 1 T, F r (attach�sheets as necessary) �.• APPLICANT INFORMATION: U check here If .. scant address should be be used�bil g r� Applicant: r 'r :T�3 Y _. � Phone(Primary): Mailing Address: Email: ' ZIP: PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant Name: 'check here if Property Owner address should he used for billing Phone Prima tt..:. ..e.- .4,,w! , -.c= 4',ir..1.4; ( ry : .fib/ 10 (t V �►,ea,3s Mailing Address:• ,� eve "" City: Email: ,,.. itiejAA4-� el#,��i /ize— e.Br10 +�� � ►�s11�" ZIP: � APPLICANT AND/OR PROPERTY OWNER: • Certify that the Information supplied is true and correct to the best of hfslher knowledge. The applicant and recognize that they am solely responsible for submittingang aware property owner staff has no alternative but to reject it until it is complete or to�n9commend the request for denial of the rupon e failure to do the of its potential merit request regardless • The Property'� 'herebysacknowledges and agrees to this application and further authorizes reasonable'entry onto the property ts, of this request agents, purposes of Investigation Commission and Council Members for and verification • 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 distributer)via email. Applicant Signature: j/'.//f./Ai&,. ..i, Date: ---��'���� Applicant Signature: Date: Property Owner Signature: i Date: 7-f?.D(r 7- RECEIVED Property Owner Signature: 1,Vj,L. K. 914,844.... Variance Application-January 201t Date: 7./2,10? FEB 2 2017 Pape 4 # 3 9 15 CITY OF ORONO CO d1 s R x r Lu ls- aa.. i(1 4 t t a,$ \,F k1 Extension of the northerly line of Lot 27, EAGERNESS, as monurnented-. _ __, i 18, 1. • / o • h / r . ry i/ it I 1 / I s / �4 , / ,6 4 � i ' I / • 3l _ ..„ / h ,41 , . . . . ‘*3 , • , /411tfr. ' ;/ .1 , ' /1i I i64 LAKE MINNETONKA / .., _ S .. L'dge •.w.tMnd • ,', - 1 \ Water Elevation 9/9/2015 = 929.2 / 0� '� • ,, , 7 Topography based on field survey data gathered by Denims Gabriel lard Surveyors,Inc, i-•,./� �:} ;•d9 , I Benchmark Tap of son moon*it Fogarrress Pod Rood et / ^,%Q.t ., -,./-49 jI I? ' 1.910 Eagerness Pt Rd. Ekwdm=8311?feet ii> / 1" V 'tO' I'I:o ' t' i i:J ' ;J I% i;! ,.. ) EXISTING HARDCOVER (see calculation work sheet) !�� 44 o r �LR� / i o i 1i4440i.i' ! 1 13 ...f:9 t° ,,'+1J ,; r , r5 M•y-r' 4���yr� J ; ' CS 11' / 1 ' .}�1 � Vjf ill �. ' 7 i' 0.;',:;'44-11412-2--.;:',;1:124:.) 4aaa a,,tz/ _ ,�,•,. " Jry ut'rner �•. .4z f.f' 9gi - ++ �f 4f 'i III! i r` �F, r r / — S. . ' ;'*! tr ' r 1 �N�* R `»„,�jl 1, '�� a. .�� /: . '?� L'1� \*,t,, •, A 1 4? 929.4 Cor4our HAG':i rt / A// �' gar aooecss: �' REVISER 8/22/2016 7920 Eagerness Point red. ..-•' Denote. 76'setback from 929.4'contour REYI R 8/23/2016 women ger 5S397 LEGAL DESCRIPTION: ✓ Denotes Iron monument REVISED:9/07/2016 mise notes • Demotes found monument Denotes wetked derereotlon nog f &9/15/2016 That part of Lot 27, Fogerness lying northeasterly of a line bearing (per lgogroug environmental) South 34 degrees 14 minutes East from a point on thwe northwesterly aoae Denotes existing elev. line of said lot distant 175 feet Northeasterly from the southwest corner thereof. (000.0) Denotes proposed Wry. —4. Denotes surface drainage D&MARS—GABRIRL j I hereby or under my`rydirect suthat per, end that etwoe prepared gr a Reef/leered Land 14413 r i rawcc icY LAND SURVEYORS, INC. Surveyor under the Lore of the state or Virtne,ato. 6875 Washington Aye. So. � 5,,,,,• vel" LECY BROTHERS HOMES Suite 209 Edina, JAN 55439 7 9.2016 Phone:(952) 767-00480 Dote ,ug n, Man. Rea, No, Y1474 EXISTING CONDITIONS SURVEY Fax (f PDF created with pdfFactory trial version www.odffactorv.com (► / \ 1 4 V ^ / /1 \ ‘,. .,% ..i / `yyx: l ' or.., 1 \CS \ I / 1/ orr .1 / 1/ ; / ' / o 11,i / / �'.j• t1B;' ' / / \ r • i n , t it ;:yi 1 / • Y ligii °3 4p / I \\ •, • q rf .g•it ti i t LAli / o : a.. } e+` : wet, "d t 0,0 o raNI ph`1 based 4CV \Ed g Aop/ (/ " ., ; ,,.,-4 ,s. \. ' Be L., / fe4f i , .. .„... ..\ , ,„, . / , ..$) i ‘. 4,......., .. . / oy ,-,.;. , 4,10. .., \ \430. .....,,,/ / i ,.°3 0 nchrr • Q' Q \ \/ l if _ ... ,.,.i:::i:::::!;k: Doc I .1, k . • / iv el`,9 , ... , .L. i * 1 Q i ..... \ ,-.1 : .. \) // ,/, 7, , ,., . A\ \ II\ T• - 1110, i - ,,,,.7 . , , 4. / iikkfc" 0 pv ,., .. 0, 45, 0/ ., .. , f q . ° ' / , i i / -0 ykfr3e/\: ..,„::;:::: , / . „ ,r,l',. :tv,t ''';:.2 4' 41/ \ 0 ‘ °Ili * .00 . , 1.99.: i try : & - , "t, Q / 0-i C3a. 4Ili \:\ .‘,, Le )..,;::.,.,1 , ,. / / �Seo;ys-it'''' /;. 74 G°"tour ,...,,,Jh y r°, ` 929 ii& .04 i / \q) '4% I ' ------. I 101 / r / N/:'.j 932--- .vp :',/C:,:::' \ 0 '0..$ DESS' t n� °`7Se �"\ ?u, ° .� ;y��:/s ' SITE ADDRESS: erne oin f 1 a9 9 Arjjnce �n• ( �.:�' 192 atal MN / wayz / �� f : ��/// � X122 j2016 ° %f R�..- • g2l006 p. i 3 [nisc cokes ,� 0l f 2016 WASED• g1 1b�2016 4 1 aontoU. �.. 1SF9. 9 j tes 'r setp° from g29 lie N°' PREP��D FOR: nt '�� pen Denotes iron m mo"men ion flog e F o d E �� �n°t eg fwetlan attend nrnent°l) d bX Mea• penot olhou9 v• rr woe 33 P_moons- �cn ;ook--ase ( (pert e%l5tins el elev °r repo o du{Y I o genote a Prof°drainage Burv°Il Pd that l rues°ta x( °� DenoteseSurfac WOW oertddl that suPeryt°the state of soale hern�, mY erg E°'�8 t�_�af r� _ lnr U _r and the w♦ t g z0 w U O aQ� Q-- 1 RECEIVED k' FEB 2? 2017 1 CITY OF ORONO Extension of the northerly line of Lot 27, EAGERNESS, as monumented / / .I' Dry / ,, : / 7 ,______J / O / . / I 11 i/ /./' / e / ! ~; / 3 Qi i / /// / , / t f O f r / �0a / /1 /! \'' 40 I I 4/ 4,6 P .: � '/ .. LAKE MINNETONKA / 40 meg• ,rweend Water Elevation 9/9/2016 = 929.2 / �' iopogroIy based on meld survey data gathered by Demers Gabriel Lard Surveyors, lnc. / Y ' lit f ry' bhga7rna�k of deft manhole h Eagerness Point Road at / �- .)/ ' ,. 1920 Eagerness Pt Rd Deratim =B.7422 het y,��' ,{n .• PROPOSED HARDCOVER (see calculation work sheet) / Y 4b 4 ! ` lop d Slab DwoWan-Propad Struetree =9H.8� _r'�r r,, / lap d Slee Beratian-PFwdao Struehn =932.8 - `W ,AIA i " i I •rr 1,`1: it ... „.:_ , , ..., 4- / 4), '-',. ./ •41 ..:, '.!' ',-- N4) ' / `s 929.4 ContourNouse ,\ 3 1-7,-?::.- r il / \-,,, � ," REUSED 8/22/2015 # 3915 ' RE 1SED:8/23/2016 • RENS: 9/07/2016 mioc notes SIN Atk�R�ss i' Demotes 75'astborh Mem 929.4'contour / REVISED: 9/01/2016 mi1C notes 1920 Aspirin's,Point Rd LEGAL DESCRIPTION: 0 Derated Nan malignant• RE11SFlk 9/15/2016 ° MR r �t watian delfound ineoron s ROM:2/07/2017 Proposed House That part of Lot 27, Fagemess lying northeasterly of a line bearing (Per rgor,oup EnvNonmdntap REV6ED:2/17/2017 Proposed polio& stoops South 34 degrees 14 minutes East from a point on thwe northwesterly r woo Denotes egg eke. line of said lot distant 175 feet Northeasterly from the southwest corner thereof. (000.0) Denotes proposed elev. RE4ISED: 2/20/2017 Underyig existing structure Denotes surface drainage REVISED: 2/21/2017 proposed house location, grades Fps No. DRWARS—GABRIEL r haebY=Me tial o+n+Y. °7 0.r spat irae rZa+d 932 .SURVEYORS. INC. under thet Lows stat, oofltpnnesota�R.gg7.te:d 1d 14433 6-P 61375 Washington Ave, 50. LECY BROTHERS HOMES Suite 209 Edina, MN 55439 David E. Crook Scold Phone:(952) 767-0487 PROPOSED ADDITIONS Fax: (952) 767-0490 Det.: August 9, 2016 icon. Reg. W. 22414 1"e30' PDF created with pdfFactorv-trial version www.odffRi ry corgi f-N4 / / • / / • \ \ , / i y q i , I /. / / 12 (_,.., / Alt", 1 / Lam* " s J 4-1/ ow/ ea (?•• ,I..) / // . . / / : �J / ,C, �r / // , . !..,1 ,,, / / /4404pr:0,1) : / / a.* / 0 */'' ' / I-. .1 i / °° // fit, a4..,..„54/ ._. / * :, / //kI.iii / / , I Edge o Wetland ‘ / • I rr�rrrrtr,rrrrrrr,,, z s co w . 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P il 1 4v#4,,, / „,-.‘ / ,/::.;. :;::„.;:,:' / / ', ems �;, 0c` / `• ' i8/' . ., i / (t. / „,\ 1 ,,, 4 Lf-1 a -,, V' e,. „. ,,,/ ,..... ,, , N / ` `. .i.,;:.:;"/ a / ..„.:.:.; QLD . = y 411,, ,;--, Z4, 929.4 Contour \ 'q ltl NrttrtrrNltll tr.r�rl \ /: Adjacent House -,` .,o\* ,,\<, liti - /:/; ,,,,,;,..,,,,,,:ic,,,,,:::::::.„ o / e \ REVISED: 8/22/2016 - REVISED: 8/23/2016 .� SITE ADDRESS: REVISED: 9/07/2016 misc notes ' Denotes 75' setback from 929.4' contour g%, REVISED: 9/07/2016 misc notes 1920 Fagemess Point Rd. + o Denotes iron monument REVISED 9/15/2016 Wayzata, MN 55391 • Denotes found monument REVISED: 2/07/2017 Proposed House Denotes wetland delineation flag That part of Lc (per Kjolhaug Environmental) REVISED: 2/17/2017 Proposed patio & stoops South 34 degre x oao:a Denotes existing elev. (000.0) Denotes proposed elev. REVISED: 2/20/2017 Underlying existing structure line of said lot c --0- Denotes surface drainage REVISED: 2/21/2017 proposed house location, grades File Na. DEMARS-GABRIEL I hereby certify that this survey. plan or report was prepared by me PREPARED FOR: or under my direct supervision and that I am a dufr Registered Land 14433 8—P LAND SURVEYORS, INC. Surveyor under the Laws of the State of Minnesota. T� 6875 Washington Ave, So. Book—Page LLi Suite 209 Da • Edina, MN 55439 David E. Crook . Phone:(952) 767-0487 Scale �p Fax: (952) 767-0490 Date: August 9, 2016 Minn. Reg, No._22414 1 N=30' 1�+ crea e* WI os ac ory na version vvww.D* ' ac orv.com 0 .121 Z X -... U 1* Q. ..1:::: 1:••••• •wwOo•Owb MSS riPOWNWQ.1 Inea:Rpm `wwl WW1 woll k•Of JOYMPoottoMI• 'WOW'Mewl IPWSUIPON OM I WUriap:Mall 2R salmi' OSOI o•OP ow,WO W~ow/am ..1mOlowOodO•pwww. 04 woOMOIwo2 wowprarT .1702eCrl OWNES011...0.0.2 sows••••••x; 11.01-006-UM narA WS•1,06•NG.**lao WW1%re OK -hi Vs 0.1. 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I \ 1 A11, .rAC PRACTICAL DIFFICULTIES DOCUMENTATION FORM PC Exhibit E 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 outUning 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." tROPeYrrie Ot Z, o- `a:a L'$es" Pit apoaataxer s v 4-eapfse 4 t.e- e+r.444L40z, ePLAtiepyieria- Acip' taut er b'7-)2 t,t +26' /Ik r-fandor, t rmp As elx.'Srrsk, s Er Mst /5 .14m-C1/LJ44 a A.6., 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." tai614fir -age' tiOsie -LI! — ,rte ! , ��ir L , tiM eel "-r tt't 5 A ' - Sar' Aitir Gtt r t'yes):, ��. 7� G�t,.rip6►c�r. . 3. "The variance, If granted,will not alter the essential character of the locality." '7tE€ rAtift.ittorr_ C t./2a4 ? at U.- 11.07 /1r neer aS L CJo rlg64/1-crebQ r5r'films -rr", 'Z't 'L�"�/�iLte- -ac?E, 1,&72 s`JM is 19-/ 'A escA ?ts 77f ear- oicgq,TW - tf- 4. °Economic considerations alone do not constitute practical difficulties if reasonable se for the.property exists under the terms of the Zoning Chapter." Rise15 A.d" P52 07.-ootztetZ1c Gs4M, ) If otA01.c.1 .46' z L - '4- rbtG M4 ft2txe3M t9sfi' 7F011:2. 1f-- �,•v�.t�,�. 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." t174- 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under t,fhapter for property in the zone where the affected person's land is located." RECEIVED Variance Application-January 2017 FEB 212017 Page 7 # 3 9 15 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 dwel/V A 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." `..?ie-- - ' iAt ►rn orJ. air!7'Wzs "de'...;[- ii 4 _- i�'L—'t CJ l'?-. 9. 'The conditions do not apply generally to other land or structures in the district in which said land is located." ... L ..v:Ls � Me- "I-.'.' 4 a 7NVr MAY' r A - /&Mill "'J -r «I'9� 06.- 1Th - t w N4-r. bcia4b• A* 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." At HAW, l'S 1 & 3+tsrru. /1(z - e"ePt/ btt 'Q t S./*) A f2 ur p ismer nein c...Alarit cMAsc. . kevuscammotr t.i[L r- 11. "The granting of the proposed variance will not in any way impair healt , ety, mtomora s,or in any other rreespeect`bee contrary to the intent of ' : Zoning Code.' l�7s� 4ri 4707 ,4-c4 771er '' - '• _-', _ A'.. % Ulna- _ Apt f 'r, t 1 • 'A i ) iirr-terfr..41:04 .- ' ...-:Z ae, to1,4 ANA"'CS:r2XSIE, 'e5..1* 4/1111911731 12. e granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difculty.° 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): R,p+tskagip6 or` mi sgmlf. ca•tIL4AW i6o2ek Ldtt?-co tiegi e.--- (iv A.akiretielet7 4iztiew e rO VZt> Aer coaxes e *Kite. gc/"- /ku m#gyis'ioi c orp ep- Li-1ia, I.v77* 'his ifs e7/5/14.4 Ate, 74:6 optueozerteP,44otriser is .v 2�e «, AAP hif RIVIIII lofrefei S1..a2 X1.144- a 1H-117 P�Sn r5:, Sts Rwvt-rW WWII'A r al rib ' s02- - .�-s "4 MZ- off-7-)it G-6e.) ,6 r1-7 614tg-rs . j,(4LL., >sJdfie 13A't _ 477tc ', Tie-lit) -T C t t 0 Al-Le7A 4116- 5 /,2 3 t, ALL e - 5. 4.4C-1Fara- 4s - Ce.4 -rx- c42_07M 1- — at' _ r RECEIVED FEB 22 2017 Variance Application-January 2017 Page @ # 3 9 1 5 CITY OF ORONO C c ; f City of Orono LX/.S77/UC=. PC Exhibit F Hardcover Calculation Worksheet ',_.• -11 &Wass.11,1L- y.jr3PertY jitt:? terri e".. /17/ eefd Pr"red 171 DE i4/11Z,S- 6AeatteLtion, --CotveYwas ' eAtizo?4 ..----os Stour amity Oyertay Male Tien rOme Iris;(..Tie.....Ly Tor 2 Tier'3 Tier 4 tsar 5 REVISED:9/15/2016 Step 1:03571146 HARDCOVER !r1 the 'amino tattle identify A Items of maxim hardcover art the property 'keyed by ietter to Certificate of Survel, (stray must warty this tom. Use as marry Ines as necessary to acctsalety depict existing maromer Altus nt the pwy. Far Tie' 1 pcocies. identify any features by leder wrath are spikt at the 75'settiaci ins anc toutate?woo:we-SeLffie5 flmg e seoa-aaefy 4fir=kill P0110/3. Kay to - Toad 1 t*_ ___ Il_...,4o Deserter} 1-4ffigiA riArageth Fowl (Example' (Garage) ;24'x 30 720S F , Vies_ -144,01-, i, lo owl .t, 6 E.F E34X14 f2,2t, C, 0 • A,g_ 7 • 1J I/ S.F _ _ F Coe)c .1,0',- ,Lbt, 2i4A .5 4 3-F. G t • oak/74 . . 14 x2.3 V-Z .. 0, S.F. ,::.fee r eci IV) .4_ lealir 4;7 X, Ir.) SY ft , Coyle. pjlii,c ' ru)(2 _____L________11_./ AL; 1 _1 X% 7.1.1., Z SF. ' V ,, , 1.t 2/ 7 Sc. 4 A it $ s.An IN k 3.7 g 7 3.F ell/Inn*c. 1.• k 34, _, SF _ p 122.1/it .".11.10:0- 4 x.i.sks ss, o ----"--' i..- rieh 5 # !—T:i. ---Vickjr1.00, ___________:,___LI__jsr_. g • _______2.1. El- 7•. S.f. - , ti S.F. , , L v IN , 1 X 7 S.F Y ' S.F Z S.F ‘' 7-tal Ex ixtft--apirryczo ---' ------m- ----3-797 .....„...-_,:....._....i.i 1 Emetuctsbat Hastoatoer . .., r. Sea WM • 't^ , IMO P. .171r/11111141 0 ,... et p r _ 1 ' _,_ up to 100 sq. .deck allowance) ' r------ --------- • a F._ . , S.F. i 2) Tots;Extituriamir Haniceser 74 S.C. 0) Nat Exiserkg Hr_ Am:_g'LL-orn'Poe!'•".. 3,7231t4 4} 7otal LA Area 21,044 5.F ? Proposed Hiwtorese P'o,...Ciacitioge t flt1 i sc/ 17.69 % 4Pcup7seu -1*okt/riff ie la pa RECEIVED # 3915 FEB 22 2017 CITY OF ORONO PDF created with DdfFactory trial version www,odffactorv.com City of Orono FA0po Hardcover Calculation Worksheet Property Address: Lecy Bros. -Daum Residence- 1920 Fagemess Point Road Prepared by: Demers Gabriel Land Surveyors, Inc Date: 2/07/2017 Stormwater Quality Overlay District Tier: (Circle one) eir0 Tier 2 Tier 3 Tier 4 Tier 5 Step 2:PROPOSED HARDCOVER REVISED:2/17/2017 REVISED:2/2112017 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 an 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 Ova-. Ic-. for each portion. col%. separately Keyto Hardcover item(Describe) Length x Width ' Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A House and attached garage 28.25'x 80' 2260 S.F. • B Covered entry 20'x 5' 100 S.F. • C Sidewalk 30'x4' 120 S.F. D Patio (with keystone at edge) 4x4)_+(5x6)+(12x22)+(10x 7) 380 S.F. E Drnveway 30'x 23' 690 S.F. F Conc Stoop (with keystone at edge) 5 x 5 25 S.F. G Conc Stoop (with keystone at edge) 5 x 5 25 SF. H Existing Shed _11.6'x.9.9' 115 SF.' S.F. J S.F. K S.F. L � S.F. N S.F. SF. D 0 S.F. Q S.F. R S.F. S S.F. T S.F. V SF. V _ S.F. X S.F. Y S.F. Z S.F. S.F. (1) Total Proposed Hardcover 3715 S.F. Excludable Hardcover(See City Cods Sec 78-1684): S.F._ S.F. S.F. S.F._ (2) Total Excludable HardcoverS.F. Na S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)1 3715 S.F. (4) Total Lot Area 21044 S.F. Proposed Hardcover Percentage ((3)+(4)l 17.65 % *Previous,existing site hardcover=17.69% RECEIVED FEB 2 2 2011 3 9 15 CITY OF ORONO lit, 4. NW r3 C ''' ... ...e . pwREIT , , .,• A . . CONNECTE)( .... .... ... _ - . . 4, N.' '1° 44 414 at / e ... , ' •• .///'1: .. • . r . ,. .. 44*0:40 ' =., . ;.. iti', 1,1*.0.1, ' , '7'''''' " I - J' ' ' ' '''' . =4 ',. \11..... .' • ..;"#* ' * :it: tt • 1: ' :i 1 •,& ;- . 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'' ‘ :11,N i. ,..''Vr' 1 v . . , 1 1 .• .. , ' '‘•,,f . , .., -..'i •, t=.- izomse.L.s FEB 2 2 2017 # 3 9 15 CITY OF ORONO Hennepin Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 2!812017 is w ___...7,,`, . __- a _- PC Exhibit H' i f"� Iw i __ t 2_ ', r i , JI 10. w i w w III w . `,—, _ 81-7-9-I7r23.221 -- . -.. „ , . - 1,8-117-23-11 - o .. 4 V' w i. ' - ti r1-1-7-2. - ': reg ti I , i i v,. w 'I! . w ti .w a r' �- 1 a" ';`,1",,-,Vi, `• D S 1 • . 1$-117:23-14< * ' ti� 4 - • -- Wf- of `. ,, ,y ,•� h � x ,g'«a' x! , r w ""'S w M st w wgf - '' dir*litt, .4 -,, - ' - - .. i ` k w • w ' ,, 17-;I 17-23-24i ' .` 1t '. `18-1'17-23.14 ,4 _ . . !_ _ ; _ w 1 4 Budd ian - _ 4 18-117-23-41 17-11723-32 ` 'R 17-it-� � - R y w ',. , �w(e !F 1 a • e ' w ' . 'i ...' ---- 18-117-43-41 17-117-23.-3 \''.1:z.r \ ,-.4.,'.›,\:%:::;,•;,'.,--.„`" I !17-1'1'7=33-3 _.— w ]j Buffer Size: 350 feet 0 120 240 480 ft Map Comments: ( ' ' ' t ' ' ' I 1711723230031 GEORGE DAUM For mare information contact: 1920 Fapemess Point Road Hennepin County GIS Office Orono,MN 55391 RECEIVED300 stn street south Minneapolis,MN 55487 gls.lnfo�hennepin-us # 3915 FEB 22017 CrrY OF ORONO Al!lalW-OO-WS-I. i ruvd 1A11"104 41,10w1,110.4a9. LUOY/�Jene JUIMM i op ul}e*Jaunty el @:slides ep suas ®t19LS�Al13Ab;l�ege6 al xesl11 I waled @ sepal.se»enb 38 17-117-23 22 0025 38 17-117-23 23 0015 38 17-117-23 23 0031 PAUL&KAREN HANSEN JAMES R&DEBRA 0 CROOKS GEORGE DAUM 1800 CONCORDIA ST TRUST 1920 FAGERNESS POINT RD WAYZATA MN 55391 1932 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 PC Exhibit 1 38 17-117-23 23 0001 38 17-117-23 23 0016 HENNEPIN FORFEITED LAND KURT VEGDAHL NOT FOR SALE/WATER FRONT 1926 FAGERNESS POINT RD WAYZATA MN 55391 38 17-117-23 23 0005 38 17-117-23 23 0017 DONALD&PATTI RADEMACHER ANNETTE FUNKE-THOMPSON 1837 FAGERNESS PT RD ERIK THOMPSON WAYZATA MN 55391 1940 CONCORDIA ST WAYZATA MN 55391 38 17-117-23 23 0006 38 17-117-23 23 0018 JOHN E WEIST DANIEL MCINTOSH 1920 CONCORDIA ST 1945 FAGERNESS POINT RD ORONOMN 55391-9320 WAYZATA MN 55391 38 17-117-23 23 0007 38 17-117-23 23 0019 LLOYD H DRAPER PAUL J&PAMELA G BOZONIE 6015 GIRARD AVE SO 1825 FAGERNESS POINT RD MPLS MN 55419 WAYZATA MN 55391 38 17-117-23 23 0008 38 17-117-23 23 0020 KURT KROLL JR PATTI J RADEMACHER 1905 FAGERNESS POINT RD 1837 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0009 38 17-117-23 23 0021 BRANDON C STOVERN THOMAS N&STACY L SHUMAN 1913 EAGERNESS POINT RD 1849 EAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0010 38 17-117-23 23 0022 DARRYL L PETERSON GREGORY R COOK 1921 FAGERNESS POINT RD 1890 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 H 23 001 38 17-117-23 23 0023 3915LLOYD H DRAPER STEPHEN D TOWLE 6015 GIRARD AVE SO 1850 CONCORDIA ST MPLS MN 55419 WAYZATA MN 5539T 38 17-117-23 23 0012 38 17-117-23 23 0028 RECEIVED ELLIE L BOLDENOW DANIEL MCINTOSH 1937 EAGERNESS POINT RD 1945 FAGERNESS POINT RD FEB �j') 0 7 WAYZATA MN 55391 WAYZATA MN 55391 CCUO C G 1 C11Y OF ORONO wa096S w,e5P3 dn-dod asodxa o�Jaded paaA q ®A?�3Ad of ill Buole puce Lar e.c7 T ! 00945�eldlual etianld sieari,alae.;JC PC Exhibit J ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORME l(we) Oor r ui t i0&i t. 1'� a t, of All �a.a rrrts5 Vr. Pyr,. [pr1 t narne(s)j "(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 the proposed neighbor's project or use requires Council approval. e91, 2°. 7//91//f . Propertyrin,DELiwDate Property Ccs, f atiAl`N1 t s oil ib Dobe If you have any information that may assist the City in the review of this Land Use Application, please submk your comments to the Building&Zoning Office at least 10 days pridr to the scheduled meeting date. ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT MIN I(we) of [print name(s)] [print address) have reviewed the plans for the proposed Improvement or proposed use of the property located at also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I (we)am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Councilapproval. 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 ba the Building&Zoning Office at least 10 days prior to the scheduled meeting date. RECEIVED Variance-Application—May 2018 Page 73 FEB 2 2 2017 CITY OF ORONO ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) Ke't r Ve eft,j of / Ztr ,►ifs Pi- 4 [print name)] ,�rr �pnnt address] have reviewed the plans for the proposed Improvement or Proposed use of the property located at elgalleissacetizAkso referred to as Land Use Application No. I (we understand that in executing ng this Scknowiedgement, I (we) am (are) not asked to declare approval or disap- •• • ,«- rope or use but merely to confirm for the Imp,. - .n •, a - . : the Proposed neighbor's Council that t ppr(weem (ane) aware of the r 9 project or use requires Council approval. _. Li ?it 7417 ....___________ P .4) ' Owner of 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 gas r neff Ai Vtint name(s)] [print address] have reviewed the piens for the proposed improvement or proposed uSe of the property located at 141+.45 Eilismus6 Pr Agate°referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval disapproval of the property or use but merely to confirm for the City Council that t weofe imp 6- , ent plans.and that the proposed neighbor's project or use ( ) am (are) aware of the �j/�/ requires Council approval. /Are ...'�� 9— ? /6 / f:..- „J.; er Date IthemiV " FEB 2 2 2017 it 3 9 1 5 Property Owner Date - WY OF ORONO It you have any information that mayassist the CityI in the review of this Land Use Application, please submit your comments to the Building&Zoning Office et bast 10 days prior to the scheduled meeting date. _.] REC;ElEE Variance Application—May 2016 Pette 13 SEP ? ��� n 3 8 ' CITY OF ORON( Item 10 Date Application Received: 02/22/17 0 Date Application Considered as Complete:03/06/17 9 !VO 60-Day Review Period Expires: 05/05/17 A a y To: Chair Thiesse and Planning Commission Members et 4 tic Doug Reeder, Interim City Administrator kESHo� From: Melanie Curtis, Planner MGG Date: 20 March 2017 Subject: #17-3916, Peter Eskuche o/b/o Forrest Burke, 1020 Tonkawa Road, Variances Public Hearing Application Summary: The applicant is requesting an average lakeshore setback variance for a new home. Because setback variances are requested and the lot width is substandard, a lot width variance is also required. Staff Recommendation: Planning Department Staff recommends approval. Background The new owner is planning to redevelop the subject property.They wish to construct the replacement residence in a similar location as the existing home. In order to do so they are requesting an average lakeshore setback variance to construct the home slightly ahead of the existing and relatively in line with a majority of the neighboring homes on this shoreline.The home to the north,which determines the subject property's setback, is situated farther back from the lake than the majority of the neighboring homes. The subject property has approximately 100 feet of width where 140 feet is required. Because the applicant is requesting an average lakeshore setback variance,the lot width variance cannot be administratively approved according to Section 78-72. LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: LR-1B Required Proposed Rear 50' +350' North Side 10' 19' South Side 10' 12' Lakeshore 75' 188' Portions of the home encroach 30 feet lakeward of the Average Lakeshore average lakeshore setback line;the elevated terrace encroaches as much as 40 feet. FILE#17-3916 20 March 2017 Page 2 of 5 Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140 Actual 79,000 s.f. (1.8 acre) 400 @ 75' /400' @ OHWL Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 79,000 s.f. (1.8 acre) Allowed: 11,850 s.f. (15%) Proposed: 5,153 s.f. (6.5%) Section 78-1700-Hardcover Calculations: Stormwater Total Area in Overlay District Zone Allowed Hardcover Proposed Hardcover Tier 19,750 s.f. 15,358 s.f. 300 s.f. Tier 1 79,000 s.f. (25%) (19.4%) w/in 75' (existing) Applicable Regulations: Lot Area and Lot Width Variances (Sec. 78-330) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district.Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met. 2. 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 3. 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. 4. All other zoning district standards can be met. The applicant's request for an average setback variance results in the property's inability to conform to#1 above.Therefore, a width variance is also required in order to redevelop the property. Average Lakeshore Setback Variance(Section 78-1279) The applicant is proposing to construct a new home with lakeside terrace on the property. The existing home improvements are as much as 11 feet lakeward of the average lakeshore setback line. The new home is proposed to encroach approximately 30 feet lakeward of the average lakeshore setback line and the new elevated terrace is shown with as much as a 40 foot encroachment lakeward of the line. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the FILE#17-3916 20 March 2017 Page 3 of 5 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 width variance requested is consistent with the general intent of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbor sits at a higher elevation and their lake views will not be impacted by the new home. 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of portions of the proposed home lakeward of the average lakeshore setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted;the mature vegetation and topography separate the subject property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The sub-standard size of the Property was not the result of actions by the landowner.The neighboring home to the north is set back further from the lake than most of the surrounding homes resulting in the severe average lakeshore setback applied to the Property;and c. The variance will not alter the essential character of the locality. The lot width variance will not alter the character of the neighborhood. It does not appear that the requested average lakeshore setback variance to permit portions of the new home and elevated terrace will adversely impact views of the lake currently enjoyed by the adjacent property owners. 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 FILE#17-3916 20 March 2017 Page 4 of 5 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 replacement residence is an allowed use in the LR-1B 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 conforming lot area,yet substandard lot width of the property is not uncommon in the surrounding neighborhood. The extreme setback of the northerly home is not in character with the immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The majority of the homes both to the north and south of the Property are closer in proximity to the lake and are more consistently in line with each other.The home on the lot directly to the north is set back further than the other immediately adjacent homes. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant states that the variance is necessary. 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 variances 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;the topography and location of the adjacent home to the north create practical difficulties affecting the Property;the variances are necessary and not merely serve as a convenience to the owners. 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 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 and lot width variance as well as the average lakeshore setback variance requests. FILE#17-3916 20 March 2017 Page 5 of 5 Engineer Comments The City Engineer has reviewed the plans and provided comments to the applicant; attached as Exhibit G. Public Comments The neighbor comments received are supportive of the project and are attached as Exhibit I. 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 variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Site Photos-Staff Exhibit G. City Engineer Memo Exhibit H. Aerial Photos-Staff Exhibit I. Neighbor Comments Exhibit J. Property Owners List Exhibit K. Plat Map PC Exhibit A #17-3916 City of Orono Variance Application Street Address: Application# �OArO oyP — Orono,MNMN 55356 Date Received Main: 952-249-4600 Staff fax: 952-249-4616 Fee $700 ^ -4 Mailing Address: P.O.Box 66 Escrow $700 I $2,500 ycel C. Crystal Bay,MN 55323-0066 Notes ikt'SHO�� Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: iota 11 Oi hc, /7v nwubd.e. DESCRIPTION OF REQUEST: (attach additional sheets as necessary) APPLICANT INFORMATION: 0 check here if Applicant address should be used for billing Applicant: x414- .LsdIL Phone(Primary): (0/2.- ,x$'75 Mailing Address: 7cic, t5 4-t- U,xe.344-act-,s4,041._2120 City:t e4. , ZIP: c c,3q 1 Email: pc-4 - Q.l,r-,36n.coon PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant . check here if Property Owner address should be used for billing Name: rrresf StAr-pct. Phone(Primary): 95&-q 3- 7L4gq Mailing Address: 3'O Lead Sh w City: Orono ZIP: 55356 Email: ��r-a -r hw-lati@ U 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 ' -. /`r/ c / c /1 Applicant Signature: Lt Date: Applicant Signature: Ais Date: a Property Owner Signature: „JP Date: 2 0 Property Owner Signature: Date: .)-/k//q- Variance Application–January 2017 Page 4 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. S61—S/ ..rir4L. 41110 '4 First M'?le . Last 3a J' e Address (P&n a A � f.9.2/7? City State Zip Phone I unders - • m ,'.' is as stated above. elp i• ture Variance Application—January 2017 Page 14 PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM #17-3916 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,the owner proposes to live in the single family home positioned on the site in a reasonable manner. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The landowner's property is positioned on a piece of land proud of the adjacent properties.The adjacent home to the north is set quite unusually far back from the lake.These conditions are not created by the landowner. 3. "The variance, if granted, will not alter the essential character of the locality." This proposal will not alter the character of the locality.The property to the north is an out-tier. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." The circumstances of this practical difficulty are created by only by site characteristics. 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." n/a 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." n/a Variance Application—January 2017 Page 7 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." n/a 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." This property is deeper than any of the adjacent properties.The adjacent home to the north is set unusually far from the lake.The combination of those factors creates a practical difficulty peculiar to this property. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The results of the setback criteria impacting this property are unusual and not typical of the zoning district. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting this variance is necessary to position the applicant's home to preserve the right of the their view of the lake. 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 granting of the proposed variance will not in any way impair the 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." The impact of the zoning code is unusual in this case.As demonstrated by these documents,a variance is necessary to alleviate the practical difficulty that is created. 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 architectural team,civil engineer,landowner and other consultants have studied this property and its characteristics.The applicant submits that the average lakeshore setback creates,in this case,an unusual practical difficulty preventing the owner from the enjoyment of the lake views.This setback is created by the adjacent home to the North which is set unusually far from the lake.A variance is required to overcome this practical difficulty specifically due to the conditions for which general zoning guidelines are not designed. This proposal aligns with the city of Orono's Philosophy as stated below: "Protect and preserve Lake Minnetonka,its water quality,and its recreational assets.Protect and preserve our many natural resources and open spaces.Preserve our distinct urban and rural land use patterns and lifestyles. Preserve our local character and identity. The point closest to the ordinary high water mark from the proposed home is 178'.The adjacent home to the North, was built in 1946, 229'from the lake making it the furthest from the lake along this shoreline.The home North of that is 100'from the lake.The adjacent properties to the south are 174'and 121'.This proposal has a terrace and one story porch closest to the lake.By definition,the terrace is structure making it appear that this home is actually set further back than the neighbor to the south. Variance Application—January 2017 Page 8 PC Exhibit C #17-3916 1 I _- N 87°24'£ 723.5 r;. - .' nr 974..`"- - - '' __° X ___ _ ___________ : _ , 0 4�+ TW 976.0 8W-9580, _ 'A _ N - � - � ' - pRoPoSED HOUSE __ " �• QA� , GFf 9660 • , LA - � • Ea 'TW-9740 8w-9550 tiff i -..{ O tKf.9690 pG�iy Z t . � i . ._196F . _ aA0 .�` " se 43 0 I 111111411111110.13111' ; . ,c I 2:711r '-'''-—____i_ ---• ..‘. , - II , \ 41110- 'I - N 87.24'E 734.10 1------1_—__________,— L,.. Ex sINC., t. !jt P o . 'gam HARDCOVER � R o a 5 - HOUSE = 2810 SF EXISTING NPROPOSED ELEVATIONS os2 L'd 3 GARAGE = 600 SF (TO RE/1A/NJ GARAGE FLOOR- 968.0 Va I 61 DECK 765 SF MAN FL 007 = 969.0 -�te.4gY DRIVE = 8185 SF (TO LOT LINE) TOP OF POUNOAT/ON = 968.3(VARIES) co z i TOTAL =12360 SF / 15.6% LOWEST FLOOR = 958.43 P.Iw8a PROPOSED HOUSE = sr PORCH = 3977 576 SF Z 11.1 TERRACE = 7350 SF COURTYD = 2880 SF L4-1 N DRIVE = 5675 SF Q TOTAL = 74458 SF/ 18.3X EXISTING TO REMAIN AND TRACLEGAT B. R.RSTION NO. 617. LW PROPOSED = 15056 SF/ t9.OX HENNEPIN CCRNTY, MN. ;(t O 0 30 60 90 AD RE S1'71 20 ONKA gA ROAD OC 80 p SCALE IN FEET LOT AREA = 79000 SF / 1.81 AC O ,r' = EXISTING SPOT ELEVATION. X 25% = 19750 SF HC ALLOWED Q X(998.0} PROPOSED SPOT ELEVATION t 4j = DIRECTION SURFACE DRAINAGE SURVEY IS SUBJECT TO CHANGE PER C O COn = CANTILEVERED OVER.IANG TITLE OR EASEMENT INFORMATION W` _ GFE - GARAGE FLOOR ELEVATIONVERIFY ALL DIMENSIONS AND •..TFE = TOP OF FCUNDA?O1 ELEVATION ELEVATIONS WITH HOUSE PLANS i LFE = LOWEST FLOOR ELF VA-.ON 1 '�� VERIFY ALL SETBACKS WITH CITY tt1t =13 iiin 3 n ' eEr" k- o tia k .;Is • i PC Exhibit D #17-3916 10 2 0 • Yi. TON 0 .., _ • ' < _ ��__ rte, �� � R ESI DENCE s 5l5 .k A. \ .„ fir 11 ---1- __ \.�` � 4 ,` T« 1 - ( • _ �'►+ �? y Ail,+ a s ti #,rpt >r = L� V �� \J' t \. !' r 'I ` _* 14' 1 '„ y„ :7110,7,, #��.' fi' `r_ \ :111 Concept Drawings \ .:...- -,' - ' ,. _ �r �s*; 06 MARCH 2017 ,,ppplly���{� p , , Yrs } 4.: .R ;,.� ice\ t `\ + 4 a a'_ . a.l y ,. �,g k ''R, t ,Il u{1 _ • �X} �. SNO.E F _ .� �l 1 pa' JiF' ?� y.. ''7 -- _-..__ _ %, ::1f` ;- , ":.- rm: mil` d�rs ! " „ 4,19 .. _ � , �!H € _ i _ aka \11 E if*iii,' . ..,.. _ .., _ ,,,,,„„ ,,,„... ,,, , . ___.._ _ , , r� f # li _ . , -, ,,, ; 3-7,-74 ,• i ,,..).--\ \ \\.i., N\\ , - 4, "`), t.., I � 4 I +'+.F AL '- Y ( Via.. .- ,. j k- re:',..-_,!.' - , - - _ \J (\. r _ yip 6, , '� h ..; _ fy e4 _ „�"�' .94 P Mr.Y•, � :n T' I• J�3 ✓a 1 - 41111 ``� rA� r. n r . , '' � �^ I. �. . 'j k �fid'`” �e *4? •# --�`F '� 2. A. ICg to + f � .'11:, it �? »"6 a a _ # �' '� t * - .M a✓ '. ' - 1 ti-' i .'f..--' �` I PROPOSED STRCTURE COVERAGE ` � -�1. " ',, V A } •�"L�j ' 1 e4 ,s .. ' - .3 :,/.1-410• i< j , �,., 1 HOUSE-2,713 F Y " 4,..,: y- �. K e' \ \F. - M 1 :, } , '" `': OVERHANG BE"U8s OND 2'0:3) -1 A5 SF #�`'t`. ,� . R �«h \ \ 1. � � -. ,. UPPER TERRACE-324 SF N.*- t kJ- kr-rx / / _ t ^r t � ...,,c0,•---- lI E%ISTING GARGE-636 SF y ;. '�' v'S�I a Rye \ `�u':� - .,./" j a4. a x 1611411411. uk'' c ' ,� TOTAL-3,823 Fraw a _'`" "' 1a # t - 'i • - 't i/ rY j r r �, ALLOWED-1150 f lis -'� : t '"` - - A '^ a = 4 PROPOSED HARDCOVER „Lc x -0._ - ,„ '.�: _� _�. ,, — HOUSE 2,713 SF L "{ - ' =t i +, ,;:. ..14 �--_�' OVERHANG BEYOND 2-0" 150 SF i / i ak _ \.tea+ , =c ,t' , COURTYARD-3 <1 �j� _ ,0305E \` s to- _-'.. -.- / / / x`� 3 LOWER TERRACE-1,149 SF • • < I 7 \ - .. - - i t, UPPER TERRACE-324 SF "„ Vg ' e a 41 a"• - '�1 -`. - DRIVEWAY-6,063 SF *� a te* ': T' r a +. • x/ EXISTING GARAGE-636 SF $ i s s�. 2 �r - �' �' *- ••x ' a. - NEW DRIVE TO EXISTING GARAGE-1 20 . } n c °, §�, y_±�y .< y.,.!. t.- ' a� i. j x' j / EXISTING DRIVEWAY TO REMAIN E.16355 SSFF EXCLUDABLE) `fc lk _ / T I" 4< ` TOTAL-1 5,905$F k•^ �� #;.' .*AIL, ' - p..'� 0' •z -,> 3 �` t '$ ° A` c,' NET PROPOSED 1 4,170 SF �# .,.,�. ,. r f e ALLOWED-79,750 • - fIL 1 I / SOm„y ;s� / '... ,/ ' ,// . it 4 r4e) / *** :: / 11 Alirial" . 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SOUTH ELEVATION EXISTING GRADE AS A INTERSECTS DIE COURTYARD WALLS ......TSLVENialiallik ,-.exigniet.111111=11-.9tt smialimmaikai NNW llammaiming-'_,.....w.m_...nl ra,—........._,..., ... . . , ...1. i -41''' '' esrucHe _. --im111Wit."=111■,?-1 11111 _... , - ml , i , i , ! , [ , 1 , 1 , 1 ...m . wo ali I Zwirdt: 0' 2' 4' 6' e i 0' 12' 14' /1" • .4...tair.. -4•• Nona..... --......-_-4,-_4,-.-. ...... r-___-•••_-,_,_-.,.---_-_-_.. mt_Ra••••••:::.„___ DESIGN EXISTING GRADE AS IT _.........._IIIIMIIIIMWRIARAIMAMMIMINERIEWAIAMIIIIIIIIIAAN.t111111ABB4111A. GRAPHIC SCALE INTERSECTS THE EXTERIOR WALLS -". ,M111111/AIIIIIIMEM.ANIMARIA1/111.111 .11.A.........,...,- 41L1111.11.11 -.111151111.01MAIMa010111.11 anifiraVv: I Copyright 2016 k A t r iy. y • . d i r1f,.. 1 O O • 'i,l'' r a 135\- _ 1 V� 00 �i 7 " 1`•..�- a ,. � � ',P. TONKAWA - ;V' C i ' RESIDENCE • y �r 'l2 ; : . Concept Drawings r " ...*'/,'“, 06 MARCH 2017 r {x , ' dG r1 Y i`+ t „iNy4 f. • .Ab # �r r' , ti , , rNrtn F .= r { dpi .. �... F J. • ..02ft.: 1,..:i t r ...,,,....,...,..„0< tt tt ' �1 1 i V.. yam - p ` h` ,r1,.;...;17--o:'.:4rlE 1 s. 4' I a `n 'y 1 1: ;A �� - .'r p.�. t, i 1s .ii s -stir, rpt itit t 3 ti ' a4{ 'rt t _.,, ti al1in Int. I `F ; - , .+ * � xeN r "YY IJP .. t: _ $ i l 1 ‘ yy, L.7 t t a'SG- o $' r,a;�1 .err t ;�- 1 -r'e I.1 �' ray \�L - If W€ • • • age • 5 ' — ' / � f'," } 2` • _- h-,..�s"'ia4„,:,• � t at{ q ,�+.r.:,.„.,,.„.4,10.,„,,-.......,,-..../� x . s',y± , .. z Zr 'C \. • �i 4 '', ''''',:;,11"t IL +: `.'. .;.‘t fir' LY` a 4-',,,-...-,...7;,,,e----.t , fi ' ay � .... ,%, ; ..„...,...„kb $ Fphlaxwel! Say i r"z .. t4 t.j SKUCH e DESIGN Copyright 2016 1020 _ _ EXISTING SPRUCE ION KAWA ___-------- - , ... . _ If ,,.... PROPOSED •• • • 041, . --, — RESIDENCE Ilr _.._ _ _ „_-- ---_. _ _ _ RESIDENCE_ _ :- . - . , . _ „ , _ _ — ,. , „ - „ .,_ , ___ r,__„,•__-_-- ---:- ----,'-_,-!„,..--.: . ._-e4-„i,.• „. .Nr.\, , __.,. ...i1__-_-- ------- _---------.-,-_---- ..----__--_-__- -_-------1---____ 1020 TONKAWA _ - - _ __ 980 TONKAWA - — -_--__—_-- ---- _ _ _.--__ ----_______ -_--_-___ EXISTING HOME Concept Drawings _ - 06 MARCH 2017 ,•- „.. ,• --___ --- -, 1000 TONKAWA -__ --- -----, . ---._ ..: ,.•• --- ,--..,-`F '4,- .. - -.---- - ------_ ---- . _ . ., -----._ , -.„. -......_ ...__ ._ --.... -"---- -.... ---. - .- .-- --.. . 1.11. if ,ft 4 i h y 4 i Imrorver .. 4. 44#0* , if Aci 111 100)7 .... ... , EXISTING SPRUCE . . 1 .,. I iet-- ,,,„,..1 . • ,,,,, _A, ,„ . . — ',-yr 't- ill, ‘ ,Ii. '. • i • .lir •-•• • • ' '• ,r, '',1 #. ' • f 1 'tit - .....4 . 4.- • -• X' h ... IC- 1:'...: ' 4., ,,,*. ',. t 1 - , . 0.7 - - _its 44,1, , . . ,. ,I ' . -• ,, ,.. ., ,.. ,, "''• :', ” ;5i' Ai A.... • 'Ir..-,1*, . . - • i ' ila . ..),4•if. , .• "*. '''0 r . ' 7 4 k.-,,,i"',, . , • ,,f- , ,,,., k., 1164 •Il.•' '.l At' '' •, rafter.' • ,; '••-lt• X' .,:• at '••••4 •t°A,A.,_,:', ,.0,i,.14-...'E,-.4..t•• -.''1 1s-t'4'....-...a-s . -- . .- .:__ _—___-___--- --_: 1020 TONKAWA ----7- -------- ... =-...----==-7.-7..-----.--_--i- ..--- -------_____._---2:.._..-•:.--'-'-;. --------.-_7.___ ------- .. _ c •., ..., ..... --------... -.=•---------------_:.----. --- ----- ---- _„-- ,1 ______------- 980 TONKAWA ---- ---=_.--- ---- , --- - _ ) __ ---_-_-__---______ _----.---...- . -- -..„, -- •. — - __-_,------ ------- -----.-__.-:.- -----------___;_ - -___ -,„ - ---__ ---___ --- ---__ -------- -----____ ------_____ ----____ __-------- ------___ -------__ --------= ,---- ______-------- -----_ - -- - ----- ---------- ----___ es KUCHe _ . DESIGN Copyright 2016 . , • , . 1., .. - I 'l % -....._ .,. 1 020 . . .., .. • . , --_________ -- 980 TONKAWA -____ %.,. '..., . - • ON KA WA •• . _„„ ., ...... ..., , ____ • -_________ ______ - __ -_-: ..- . , , . • ... ) %% _--- 1000 TONKAWA RESIDENCE -- ..,'II,..,:: .,'',., \ '. ', • , , li 1 1 II 'I N.,',',, . .', ', '', ', 1 I I I I I • ', I II __ — 1 I •1 k% ' • , , , , . , % ,. • , .. , , •% % - '... , . .... — ___- ___----- ,_______. _...- --- __- I \''I ' ''l '''i '', - 2.' ..- ', s\- .s. I ''''" .. I ____- 1 cConcept Drawingso:.... __--- Ii .,' '. 1 ', ...- ‘., % '. I W. , 06 MARCH 2017 1020 TONKAWA . I II — II _.• I . , , I I I ,—_ --- . I • i i 1 ••• • J . , 1, _ „..„.... )r . . , • • ,• I ....---- .__ ,. ______ •• . • ,, ,, , , 1 I i,i., , , i ,. • 1 ,, , i,,, • . ______ ____ •• , , ,, ,, ,.. , ,,,, • 1,,il _ ..- ...- ., .• .• . , .• .• 1 • •. •,' 1 , .• • , , . . I . • , ' i . 1 ,, , 1030 TONKAWA , :' I 1 1 I ''' '' / / 1 I ,1 • , ! .• . ,I 1 1 I I - I1 I 1 I II I, I . ., . . I - - . ../' / .......• ,, , ...- __- __- , ., I I ` ,, i ll / I I I I ....' - • , ; 1 1 I I I 1 I ,. . il ,./ I II I ..--- ..-- • I i _---- _---- .----- .-- .--- ..-" __----- ------ _---- __---- __--- .-- _.--- , __- __.----- __----- , --- 1 I II ...----- __- -- ------ _____----- __,--- ____--- _----- ___---- _.--- --- _------ _.----- -••• ' -- - __---- __----- _---- ---- - --- ...- .-. __.-------- .---- --- .--- _.-. __- _ .--- „--. .---— .-.- "-- ,-- ___-------- ..„----- __------ _---- ...--. _-- .--- .------- _--- .--- _ . , .---- __--- --- ..-- _---- ----- --- / .- _- ..-- _- -- . _ . • „ ----- .-- - . . ...” ..- .-- • ,• , , .---- .-- -. /- / . f-. ' . .. , .- .,-- .- / // .., i' ,./ ., _ / ,/ ; .• . • . , . . ....-. / . ... 1040 TONKAWA / • . .• ., / / re i i el / e . „,, ' • . I er • / , i / e e i .. , /' /' / / . r' . / : , / e .- e' 1 /../ / 1 .,. . .- .1 1 . e . , e e . 1 ' . .•-• 1' . e/ e . .' . . . f , , .. . /. . e ..‘ .... / . ) . ) .. / ,. e . . . 1 . . .,' . i e . 1 • , / / ' ..i , .. I .. / . . . . e." e / / / .. e .. 1 . . ) . 1 e I . .? . r' . . ... . ... . • , . . , . , • e( i 1 : .. . . • / 1 r' l'' i • i a • 1 r 1 1 • .1 • e .„ 1 • • 1 • • •• r . , • s r' . 1 . i. . ,' .• , , : .• ' .. . 1 ) / ...'. ./ ' 4. 1 i / . • •. .•.' 1 1 " I • • i 1 ... f , e , • .. i .. / e ) ,.... e . , . ) , i . ) t.' e .' i / / , ,.... / .. e ) P.' P.' . . / / . • • /... 1 I e • . . , , I i , i .‘ ., e 1 .1 . 1 , e , , / . „ r , , „ e I' ' , . . / i r /. • / ' • , .. . . , • / ,.•.,,e., II ii.., / , • 1 1 e' • , , e' 1 //1e .i e i e esKuciAe DESIGN Copyright 2016 PC Exhibit E #17-3916 City of Orono 7'itlorvo Hardcover Calculation Worksheet Property Address: 1020 TONKAWA ROAD yF Z ��'CFSHOQ-E Prepared by: Date: 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 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 HOUSE 2,810 S.F. B GARAGE 600 S.F. C DECK 465 S.F. D DRIVE 8,185 S.F. E LAKESIDE PATIO 300 S.F. F S.F. G S.F. H S.F. S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. O 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 12,660 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)] 12,660 S.F. (4) Total Lot Area 79,000 S.F. Existing Hardcover Percentage [(3)_(4)] 16 (Proposed Hardcover next page) Variance Application—January 2017 Page 11 City of Orono Hardcover Calculation Worksheet Property Address: 1020 TONKAWA ROAD (i'rESHoi-t Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) OM 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 HOUSE 3,977 S.F. B PORCH 576 S.F. C TERRACE 1,350 S.F. D COURTYARD 2,880 S.F. E DRIVE 5,675 S.F. F EXISTING DRIVE TO REMAIN (serving the 1000 Tonkawa property) 1,635 S.F. G GARAGE TO REMAIN 600 S.F. H LAKESIDE PATIO TO REMAIN (within 75-feet of OHWL) 300 S.F. S.F. S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. S.F. R S.F. S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. S.F. Z S.F. (1) Total Proposed Hardcover 16,993 S.F. Excludable Hardcover(See City Code Sec 78-1684): EXISTING DRIVE TO REMAIN 1,635 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 1,635 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 15,358 S.F. (4) Total Lot Area 79,000 S.F. Proposed Hardcover Percentage [(3)+(4)] 19.4 Variance Application—January 2017 Page 12 • • 1.4 ' 1 . i / -. . %. 41 ! i:',Ir;?./'. A r. 1,: Ple,..i-...,, ...-- , i /-. --•\ --- V . i i ''' / --/ ; , ;-•tt '. s. V • s. I p .-4,41,*$:"y; 6",t1":,*,..7, 1 ° tt. Ali k . . x. . . , . ,.. ,.. ,,,. 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Mfr,. 1 _ ,Tss,•:-,-z.,- fie 7`� 'j r*x ;,l," r7a. ^ry :5, ,.V v,,t -r. w- Y' a '`:::),,:,*;..7r"„;.: � ty.t. 1,-.k.,fa, ,I1,'nfoo• 1,4 1., ill.,,a's il,,,*"..." i a J. ,,. wF).- I t r s 3. .. . i s•. ---.,-c......,-, * i1. r" _ "' _ -t -., ` ., ` `.t , .„ .,P . 4‘......I 'yam24 1 .4il+t" w . '.. ' ,,�' From lake side of , ,'� X14, '244,1 4'...,,,. S H w ; Burke home looking g° ," , . ", e northwest to Hoffman i> ',.�� ,....-.110)::.41.i..,.,. r�7. ' r' '. "�} = r♦ ms � shome -...t. 1 `,t_ .. i +�„;u 1",* -k*Arno' Jima 04•. :,•. A ,', w ; .�. gyp ,1„.40..e', 4,1.'4 ae ,;#b - � �Ak- e 6 4# � +„�nJ'Sa ,. 't ark `' , PC Exhibit G #17-3916 From: Melanie Curtis To: "Peter Eskuche" Cc: "Scott Wullschleger";"Burke.Forrest G"; "Randy Sterns" Subject: Engineer Review: #17-3916 for 1020 Tonkawa Rd Date: Monday,March 13,2017 10:48:00 AM Peter Our engineer reviewed the proposed plans and made the following comments. These comments should be addressed with the plans submitted for building permit. 1. Special care will need to be taken to ensure the plan does not direct water to the neighboring properties especially the one to the south. Will likely need a swale, drain tile or some other means of controlling the hardcover and surface water runoff. 2. The retaining walls that are over 4 feet will require an engineered design signed by a professional engineer. Let me know if you have any questions. Thanks. Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us PC Exhibit H ` , #17-3916 b 4444 �* t j 0:.e.: gic r p .. z r .:"It /<: • 4. 4 J ,,, r 1 A . 4-4'1 JY ''' /::::41 " ',.SPA Arcs- 'ti•. '� rt ` irt Y 1 \4,401'4 t,,,,N t""II 4 3 '4 a,s ,lea f ` ` $.1 . . * a a ' t i, lo' - N. : 'tet.+ 4 '7. ...,., „'f1, -,-_ - .t'ro¢. . .,.;;44,,, 1; $:.: .44/1 .. ., , . .,44 vv. b.,!,,,,,,,,, n 40,4 - ''..;.,4 '"A?.... •'14,1".4 ,-k f*4/114111 • • i- 6` Approximate •1y t ,.° �- �, - Average Lakeshore• • 1• v1�r�y. , ; * `', ' 4i `1Setback Line,y - 'n aa3' ,a. .;- , • �h fi s �. Ayr ;y +' �1 3 ��� M" ° �Hw4 � . 4 t M'": l*:` ry . 51st , a ' -„ ;.. ay ti• 14 _ T 1} ~ NI *9 wftl 4 .' 3 yea M,x f` �r.` - .e �� FR` . 1 . s j mays _ r \...}te - ircip T, r ti - x _ * Sy ' 141 ...0 mrd „.. ,,,,,..: -- . — - --vi,-.q., ...:‘,..0 *.44, '' :" # ,. ¢ - - c *; , a - w {' - a " . .: °# + .;... .' 5'� C f6O E ate, p 0O u _t O \''..--41;..8 i - al;--''1: ' ''''''%::::et,-. ' ' ,. ......, „ , .. .. ..., / I."----ligt- ''. 44 D. 4. . , , _ ,r . t4,,,, .9„,,,,iii.... _ _.,,... ,, gip ; ..... _ , %. . ....., .._. . . .t.. v 0 L d 111 PC Exhibit I #17-3916 4Z790Vii -� 1p . . _ ©C (Ai a oi Iry r? Are Apre al- 2r 7-o: ? k. • 174.44 124 44) RECEIVED. # 3 9 CITY OF ORONO From: Bremer,Cynthia A. To: Melanie Curtis Cc: Dennis Bremer Subject: Hi Date: Wednesday,December 07,2016 6:12:32 PM I am reaching out on behalf of our neighbors at 1020 Tonkawa. We certainly support the buyers' effort to move the house forward from where it is currently. It would not impact our sight lines at all and would still be very very far away from the lake. And I actually think moving it forward from where it is now would be helpful to us given the topography of the lot. There is potential run off from their property how it lays out currently, which I think would be greatly improved if they were allowed to move forward a bit. The house two down from them is very forward of where they would be looking to build. And the house immediately next to them,while further back, I think is an exception to how the lakeshore lays out and will no doubt be considered a teardown when it changes hands at some point. Is it still the case that the buyers would be allowed to build on the current location, regardless? That was certainly my understanding of the law when I was involved. But I realize things change fast in your world. Dennis or I would be happy to chat with you or whoever at the city is handling this. We want to help and support both the Williamses and the new buyers. Thank you. Happy holidays! Cynthia A. Bremer Ogletree,Deakins,Nash, Smoak& Stewart,P.C. Wells Fargo Center,90 South Seventh Street, Suite 3800 I Minneapolis. MN 55402 Telephone: 612-336-6868 I Fax: 612-339-0061 cynthia.bremer@ogletreedeakins.com Iwww.ogletreedeakins.com I Bio This transmission is intended only for the proper recipient(s).It is confidential and may contain attorney-client privileged information.If you are not the proper recipient,please notify the sender immediately and delete this message.Any unauthorized review,copying,or use of this message is prohibited. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM (we) 11/4 y/f1'A'P y fifbif,✓ of 1106 667P e:OP,4j/ff'v' [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at R..L also referred to as Land Use Application No. 1.7 -3R Ib. 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. - Prr.erty 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. *** ***** ******************************** *i#ktx*****w*Ir****************.************** ****** ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. RECEIVED MAR - 6 2017 Variance Application—January 2017 6 Page 15 CITY OF ORONO PC Exhibit J #17-3916 RUN DATE:02/07/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) I' c,f I 38 08-117-23 12 0001 38 08-11?-23 13 0020 CRAIG F SMITH R T WALLANDER.1 C W AI.I.ANDER 980 TONKAWA RD 10'0 TONKAWA RD ORONO MN 55356 ORONO MN 55356 CRAIG F SMITH RAPHAEL T WALLANDER PO BOX 66 LAURA C WALLANDER NAVARRE MN 55392 1070 TONKAWA ROAD ORONO MN 55356 38 08-117.23 12 0002 38 08.117-2321 0015 G B BAKER&L A G BAKER DJ LUNDQUIST TRUST 970 TONKAWA RD 975 TONKAWA RD ORONO MN 55356 ORONO MN 55356 GARY A BAKER DJ LUNDQUIST TRUST LEIGHANNE G BAKER 6277 NORTH OCEAN BLVD 9110 TONKAWA RD OCEAN RIDGE FL 33415 LONG LAKE MN 55356 38 08-117-23 12 0003 38 08.117-23 Z1 0016 STEVEN B LIEFSCHULTZ ET AL GABRIEL E JABBOUR 960 TONKAWA RD 985 TONKAWA RD ORONO MN 55356 ORONO MN 55356 STEVEN&DEANN LIEFSCHULTZ GABRIEL E J.ABBOUR 960 TONKAWA RD 220 TONKA BAY ROAD LONG LAKE MN 55356 TONKA BAY MN 55331 38 08-117-23 12 0005 38 08.117.23 24 0002 R I HOFFMAN ETAL MARK D PARTEN.7ULIE A PARTEN 1000 TONKA WA RD 1015 TONKAWA RD ORONO MN 55356 ORONO MN 55356 RAYMOND.'HOFFMAN MARK D&JULIE A PARTEN 1000 TONKAWA RD 1015 TONKAWA RD LONG LAKE-,MN 55356 LONG LAKE MN 55356 38 08.117.23 13 0001 38 08.117-23 24 0003 JAMES P BEBO H R NEESON&A L MESSINA 1065 TONK.A1cA RD 1025 TONKA8 A RD ORONO MN 55356 ORONO MN 55356 JAMES P BEBO HUGH NEESON&ANDREA MESSINA 10285 89T11 AVE N 1025 TONKAWA RD MAPLE GROVE MN55369 LONG LAKE MN 55356 38 08-I17-23 13 0002 38 08-117-23 24 0004 CHRISTIAN S1NFT&SARENA LIN SHARI L.B.ALLARD&M BARNETT 1075 TONKAWA RD 1035 TONKAWA RD ORONO MN 55356 ORONO MN,55356 CHRISTIAN S.ANFT&SARENA LIN SHARI) BALLARD 1075 TONKAN A RD MARIANNE BARNETT LONG LAKE MN 55356 1035 TONKAWA RD LONG LAKE MN 55356 38 08-117.23 13 0013 38 08.117-23 24 0005 PAMELA NAGORSKE TRUSTEE DANIEL&RUTH PARTEN 1040 TONKAWA RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 PAMELA NAGORSKE TRUSTEE DANIEL.&RUTH PARTEN PAMELA A NAGORSKE REVOC TRST 1015 TONKAWA RD 1040 TONKAWA RD ORONO MN 55356 LONG LAKE MN 55356 38 08-117-23 1 0014 DOUGLAS.]WILLIAMS 1020 TONKAWA RD ORONO MN 55356 DOUGLAS J WILLIAMS 1020 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0015 D C BREMER&C A BREMER 1030 TONKAWA RD ORONO MN 55356 DENNIS C BREMER CYNTHIA A BREMER 1030 TONKAW A RD ORONO MN 55356 38 08.11"-23 13 0019 DIELAN I.LC 1060 TONKAWA RD ORONO MN 55356 DIELAN 1.1(' 1060 TONK.AP.A RD LONG 1 AKF SIN 55356 1 , PC Exhibit K Hennepin Hennepin County Locate & Notify Map #17-3916 Provided By: Resident and Real Estate Services Date: 2/7/2017 Z QCs ? • C CJ QT 08-117-23-21 08-117-23-12 - % Fs. AA 11."1.11111111111111 41111111101r 11010 1110 • 08-117-23-2408-117-23-13 ,,\ - - 08-117-23-31 08-117-23-42 , 6 F Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I t t t I t i t I 0811723130014 DOUGLAS J WILLIAMS For more information contact: 1020 Tonkawa Road Hennepin County GIS Office Orono,MN 55356 300 6th Street South Minneapolis,MN 55487 gis.info r@hennepin.us Regarding Item 11 From: #17-3917 To: Melanie Curtis Subject: 4005 North Shore Drive Variances Date: Monday,March 20,2017 5:48:07 PM I live at 1560 North Arm Drive (County Road 19), across from this planned house, garage and pool. I just have to wonder what Hennepin County has to say if this county road were ever to have a proper shoulder added to this County road like normal County roads have. Doesn't the County have an opinion on this house being so close to the road? I am unable to be at the hearing tonight, since I have to work. Thank you for your consideration, Barbara and Patricia Lawless Item#11 Date Application Received: 02/22/17 �Of VO Date Application Considered as Complete:03/06/17 60-Day Review Period Expires: 05/05/17 To: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator AkESHO0' From: Melanie Curtis, Planner MOO Date: 20 March 2017 Subject: #17-3917,James&Vicki Splinter, 4005 North Shore Drive, Variances Public Hearing Application Summary: The applicants are requesting side street and average lakeshore setback variances in order to redevelop the property with a new single family residence and an in- ground pool. Because the setbacks cannot be met, lot area and lot width variances are also required because the lot is nonconforming. Staff Recommendation: Planning Department Staff recommends approval. Background The applicants recently purchased the newly constructed home at 4009 North Shore Drive;they subsequently acquired the subject property at 4005 North Shore Drive and wish to construct a new single family residence and in-ground swimming pool. Due to the shape,size, and location of the property,the applicants are requesting side street setback and average lakeshore setback variances for the home and pool.Additionally,the property does not conform to the LR-1B minimum size and width requirements; lot area and lot width variances are required. LOT ANALYSIS WORKSHEET Section 78-330&78-1279-Setbacks: LR-1B Required Existing Proposed Rear 30' Detached Garage±80' House 110' House ±122' Side Street 35' Detached Garage 3' House 16' House 11' Pool 20' Detached Garage 10' House 10' West Side 10' House 20' Pool 24' House Deck 14' Lakeshore 75' House 82' House 98' Pool The average lakeshore setback is determined by the location of the Average Lakeshore home at 4009 NSD which is set back 141 feet from the lake. All of the proposed improvements on 4005 NSD will be lakeward of the average lakeshore setback. FILE#17-3917 20 Mar 2017 Page 2 of 6 Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acre) 140' Actual 18,380 s.f. (0.42 acre) 111' @ OHWL/103'@ 75' Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 18,380 s.f. (0.42 acre) Allowed: 2,757 s.f. (15%)* Proposed: 1,540 s.f. (8.3%) Note:Structural Coverage regulation was amended by the City Council on March 13, 2017, raising the limit to 20%of the lot area, and adjusting what is calculated. Section 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 4,595 s.f. 2,309 s.f. 3,965 s.f. Tier 1 18,380 s.f. (25%) (13.1%) (21.6%) Applicable Regulations: Lot Area and Lot Width Variances(Sec. 78-330) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met. 2. 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 3. 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. 4. All other zoning district standards can be met. The applicants' need for setback variances results in the property's inability to conform to#1 above.Therefore, lot area and width variances are also required in order to redevelop the property. Side Street Setback Variance(Sec.78-330) The property is a corner lot,the rear lot line is the 3 foot wide street frontage opposite the lake. The eastern street frontage is defined as a side street requiring a 35-foot structural setback.The applicant is proposing to construct the new home 16 feet from the side street property line;the pool is proposed at 20 feet. Average Lakeshore Setback Variance (Sec. 78-1279) Because the property is a corner lot having only one abutting lakeshore neighbor the average lakeshore setback line is 141 feet from the lake, as determined by the location of the applicants' home on the neighboring lot (4009 NSD).The proposed pool with elevated patio is situated f FILE#17-3917 20 Mar 2017 Page 3 of 6 approximately 6 feet higher than the existing grade and will be set back 75 feet from the OHWL, the proposed home will be 98 feet from the OHWL. Additional Site Plan Comments (Sec. 18-136,78-1405&78-1681) Driveway—The City Code requires driveways constructed to a minimum width consistent with the total width of the overhead garage doors.The current garage plan reflects 3 overhead doors with driveway paved to serve only two.The driveway will need to be modified. Additionally, properties on an arterial or collector roadway must provide a turnaround on site with minimum dimensions of 8 feet by 12 feet. It appears the applicants have attempted to accommodate this turnaround within the right-of-way. City Code limits the driveway curb cut width to 20 feet within the right-of-way.This driveway is shown at 20 feet with the allowed radius flaring, however the driveway widens to 30 feet within the right-of-way.The portion of the driveway within the right-of-way must be reduced to meet the Code requirement of 20 feet maximum.The proposed driveway must be revised to meet the Code and hardcover levels updated to reflect the required driveway dimensions,etc. Privacy Fence—The site plan reflects a privacy fence along the eastern side street property line. Staff assumes "privacy fence"equates to a six foot tall fence which is the maximum height permitted within the setback area.The proposed fence crosses the property line and encroaches into the Hennepin County right-of-way.This must be revised. The only neighbor comments received at the time of printing were from an off lake neighbor who expressed concerns about the potential for the applicants to plant additional trees along the eastern property line resulting in elimination of the existing limited view of the lake for this neighbor. While this neighbor's lake view is not protected,the applicants should provide a landscape plan detailing tree removals and planting. Hennepin County Right-of-Way—The applicants are proposing grading,which would assume tree removal, and driveway changes within the Hennepin County right-of-way. Hennepin County should review the proposed plans, permits may be required. Engineered Design for Retaining Walls—Retaining walls 4 feet or greater in height must be designed by a licensed professional, and plans must be submitted to the City for review prior to the approval of the permit. Tiered walls are considered one wall unless they are separated by at least twice the height of the higher wall. 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. FILE#17-3917 20 Mar 2017 Page 4 of 6 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 width and lot area variances are consistent with the general intent of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as the only adjacent neighbor sits at a higher elevation and their lake views will not be impacted by the new home.The applicants are also the owners of the adjacent lakeshore property.The side street setback variance requested for the home and pool are reasonable considering the shape and buildable width of the property. 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for construction of a single family residence with a residential pool in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home and pool in the proposed location,within the side street setback and lakeward of the average lakeshore setback,appears to be reasonable as the property's triangular shape creates a difficulty and owners are also the owners of the adjacent. b. There are circumstances unique to the property not created by the landowner; The sub-standard size and shape of the Property were not the result of actions by the landowner.The orientation of the Property,the shape of the property, and the size of the property combined with the curvature of the shoreline almost no buildable area on the Property;and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood. It does not appear that the average lakeshore setback variances to permit the new home, pool,and elevated terrace will adversely impact views of the lake currently enjoyed by the adjacent property owners.Additionally,the requested side street setback variance for the home and pool offer greater separation from the right-of-way than the current home. 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 and pool are allowed uses in the LR-1B District. FILE#17-3917 20 Mar 2017 Page 5 of 6 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 shape and size of the lot as well as its orientation along the curve of North Shore Drive create a unique circumstance which is peculiar to the Property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The shape and size of the lot as well as its orientation along the curve of North Shore Drive create a unique circumstance which is peculiar to the Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this condition to be true. 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 variances 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 and shape of the Property;its position along the curve of North Shore Drive and location of the adjacent home to the west create practical difficulties affecting the Property;the variances are necessary and do not merely serve as a convenience to the owners. 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 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 Engineer Comments The City Engineer has reviewed the proposed plans and provided comments, attached as Exhibit H. 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 FILE#17-3917 20 Mar 2017 Page 6 of 6 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 Staff recommends approval of the requested variances conditioned upon submittal of a landscape plan and satisfactory resolution of the following site plan issues as described on Page 3 of this report: 1. Driveway compliance; 2. Submittal of revised hardcover calculations; 3. Privacy fence; and 4. Retaining wall engineering; 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. Submitted Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. Site Photos Exhibit H. City Engineer Memo Exhibit I. Property Owners List Exhibit J. Plat Map PC City of Orono Exhibit #17-3917 Variance Application /� 2Street Address:_ Application# �O` VO Orono,MIN 55356 y Date Received: Main: 952-249-4600 Staff: fax: 952-249-4616 Fee: $700 Mafsng Address: . P.O.Box 66 Escrow: $700 I $2,500 ' �` G�ill1C- Crystal Bay.MN 55323-0066 Notes: EKES H Oi`� 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: 1100 J ,AJo`'11'1 '511Cre. 6114 Vt., (Ye P10, 19 1 ) 56'3( '-I DESCRIPTION OF REQUEST: f\le, o tl'uc.-ttLY t' bt..c'Id (attach additional sheets as necessary) APPLICANT INFORMATION: ¢(check here if Applicant address should be used for billing Applicant: _.3O 1C'i (ma L/i cavi 5p(i n t+P V" Phone(Primary): Jame) (6o-1) 301-i,1a4 i ij;c.k.-1 (5o•)) 9et.3' 7'0H Mailing Address: 501 ."..;0,110 j t t ;U) City: A Li 5 Hsi MN ZIP: 552/a Email: VC15a(inier ` ai(• Com PROPERTY OWNER INFORMATION: XLcheck here if Property Owner is same as applicant ' 0 check here if Property Owner address should be used for billing Name: 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 e, ail. Applicant Signature: 7, _ --:,-Pl` ?..- L. Date: -^/ i'/ Applicant Signature: - (dL! I . `k Leg Date: -W/677/7 i e. Property Owner Signature: _ -• '' c -1 2y�' Date: /S'�7 Property Owner Signature: I' f _' f •• t,A 1 Date: L r/// 7 Variance Application-January 2017 Page 4 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 namee�is required to process this application or permit. First Middle Last 601 v� d `3-i • 1\-) Address tA5#111 1 .� 65`r I D 50.7-cri3- 16- o1-1 City State Zip Phone I understandmy rights as stated above. / Acc_,„_. -tt, 1 t -----2 4(i114 a•Signature I Variance Application-January 2017 Page 14 PC Exhibit B #17-3917 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." N/c' 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." L'LJ" 5e-tbacK (plY)-1? int'`i Crea-l' inare:1j1,14Nave. -1D 1C-f Size. and • Cpie 4,Napc epo of -the. lot) 3. "The variance,if granted, will not alter the essential character of the locality." 1•i3O ;+w;11 vlc+ — rcpv.5ed ((1eu2 5- rac4 tre i5 More cc�►n I;all+ ` rec�Uc�rt 1 t1AlnC (mie r(3c. riv\d hai du.Ver etild it rO✓i ncj-i1ie, '3c'+ c kei 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, Sud.2,when in harmony with this Chapter." N/ 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zonewhere the affected person's land is located." ( ,vnplia i+ ul t, -Fh Sing ie. - avri►y ctif6triAc4ion and use. Variance Application—January 2017 Page 7 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." (163 -c.�1,lr i�� 5e-flack coke trrii)i-I5. Alae mite "- ie_ 6_pp �caalf i" +he (11A:b lt'•► 0-c -1--h e c d,o i ii i VI./ P IO e 1' h� -h +I l f. tA)e,J-f• 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." • _.) rdcwc- -re Ott((0cU Loki t11 of -the, property . 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." 9C%l) 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." L�c ) c(ue. to -the. i carr L.t' tot Ci ilFijurci- tOrl 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): �h 1..x%2 4'�51�cC•��uIl1 I�e(bL(e`�t Cj(a, tel of vari6lice,') -}i,' -IIie -(c 11 ct.Hltc( Ut,l5;clel'it-ii'Cv1J: ApAl;color♦ i5 C�cI;C��tt i ►tC� rtl er-k :wilethe 1,0e5+ :.P) 1i+ieLullItACA 16V or '11e 104 cot A(;ijura-h-eel it\ (42111t1'&1-m-i cuii -t I^e .i,ired 'e-I-h6ck5; 3)-11 1-6 u pp(;e..C.t\+3 r i c5LcI -Icy i ref)e rv- avid 1 ijoy ��t�c�pet��y , Cts w , I A-e) IyczKitt/ 4ii . grope,,-4y Iytc2Ve C,0Liiphcu t-- it) LX 64-i lig 5etiufe6 , Variance Application—January 2017 Page 8 • 8 0 m !fl 0011000000 Alio 6u!op eio;9q uo!{o001 bora J01 pa!ypou tN F-1 N O aq pro001100000a sa!uodwoo.(3!!!Nl 'a{owlxolddo a10 puo sa!uodwoo C W A}ggn 011}Rq payswny suold wo1; 10/puo pm; ay} u!aouap!0a I 1{I % paoJasgo.04110 wou; SAO uMogs sal}!I!}n 110 10 U0110001 0111- 1-1 m s}uawasoa.Cao toy apow SCM 1101005 ON- uo!}opunoy 6u!pl!nq 0118 IOU puo .1 O l 101 a003.0011AO 111• A ourora93e AO ln.- 6u!p!s pays!uy ay} o{ pamsoaw SAO suo!suaw!p 6u!pl!nq 6u4s!xa py- a5310N rn 5 .m • fa_p0• s rzfa" z O ..�.. 3.^.X3 rb,' ()\m to O care ,�y 9 e 011 . . c o N g•0i.�00�a5 1`lt,,' "sa �s` ,9,,,,„ o}osauu!ry X3uno0 u!dauueH ',o�1uo}auu!W a�lol pooMy6!H, ZKB•;d��`��j19Zf f6>-Lf Lt flfai, y-A�/ \ s Or�< 101 pins;o au!!RllagInog ey} o} uo!}oamp awns ay{ u! sanuguoo ' '9'lfa - - ,1,O' aoua4l puo£ lag P!os yo awl 6H9{so3 ay}03 5916110 }116!1 }o puo a I 019'LC.;,,,•'°y r6 "'. 656 iL O�OZ w011 FNa{saMy{1oN 3061 9I.Z luo}s!p {u!0d o o} 1801 ESEZ awl m "ZZfa '1, '.7/1/0 7w, d7 {y6!o1{s o u! sura pun 'pal pins;0 1awoJ 611a75oay}1oN ay} wo1; s •� " O �.1 0011,(1041.41N plus &polo palnsoaw 6110{seM lee;£ '101 p108 50 rsr> ,,e ezte �` N 43 N 43 l 7 g 4 4 3 l P. 8. au! a 10 e W plod D n sul6a at 01 M O ms SS0110 ... �A. uMoip eu!I {y6!o1{s o;o,(119{603 6uuC1 '£ l0l yo pod 1043 IIV 9l LBR do 3Nn u tr :•,.. ,� •/Lr. puo 'Z fol 10 IIV 1e Y o w b\ • �i, '6u!uu!6aq;0 ?plod ay} o{ }aa; OZ awl 1C11a{saMy{no5 pins • \ "77 rlYa S o0 o.K, � zc6 6. &polo,(11e}soe43noS e0uey; 'fol piss;0 1eu1o0,(11ey{no5 ;sow 07:41-.. ay{ wo.q awl P!os 6uolo palnsoaw Apa}seMy}10N lael OZ WWII, •� c\ :- lo-1 puss;o eug ApelsemgIno5 0113 uo {plod o o}91111 140o1{s '\ • o u!Apa}saM47no5 eouegl '3001 lZ '301 p!os yo aun.CI183so3 sa0. 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Z --952 0828" FIRST FLOOR+981.0 !f, .jr TOP OF FND.-989.8 GARAGE FLOOR•960.4950 ._I'2 r �•4• x a Q sae 981.4 . 946 .0 9.3 •2x ,, 944 949.8, / e 943. 46.4 .s . 4 �. ,648.5k, a // i 949.5, . .7: 9 2 / 2xeao G9 •.9x3.2 1' 4 r:%t ' ' // 040.7, 0 948.2TW 943 • // ' 1 947.9 �''J''� / 48. .t,,C'' k .,•v A M11i0Ta�'r` (., 7.0x /V 1 / 9470 :st 9' -1•,!';,..:,14,4. O 4 943. .i; 1 /1 •0` +.' 42.6 •` k ?$ �ti t >< //)/ , .., ,, x0'14. W 942 r , 9�3�yEl,1 AYF. 2 f OTW / 3 .....----2 •y r •"1"'J i n x944. : '41.5 941.5 - .42.Q'; i 4, / ••• •432TWail1 ��,?si s1;;.'s. / :7,„„:.....;.•:.- ; 940 2 `� ';�`/ 'r„,y;`, ti ; 11 0 I / 24"OAK 939.4 `� }. / 41 u,.,$I (A �r7� ;� '` f,;;?;:,..1,,,!;.11,;. 9\046.9 `�' / 949 X34' ir. 030.8, r4: •,..: . 1' / •n'M 1,-938.4 939. `- •qt.!, 4!® ••,1;:":,;,!;Z,, '^`i, C 4. �~,/ ? x936.1 Q '.5x s �` 94ea •+1.4.:1-P, / - 038.6, !.' rn L. V T / t g/g. MO �`�` 9 941 W 1.1. �ti 9,gs 938.1, %'.,_ �A. 7. W 0 w. / N PI MAPLE ``�P411`�, `x•-40.2 04116 / 93 937 �� �` ;r: ,.041 Z X / x9384 \ / `` ``� ± ,4 ✓ „ r ei / L V i �' / ." t `.1, `,`I''.. / /• ``2 PINE "r 3 r� ,.` , Y g�.�. ',:i I / / / \ • � ",� ;r 943.8 ® VWJ t . I '.0. c, r / 9,4 934.1 ,(934.8/ /N 936 0.e.. .. •........,..,...`,,xr .'":'...1.1'-f.'I a 43 2 / x / \ ' / � 936 4 �N to "�r ' , 4� Q41t !L' / / O�Q \ t.y ' it. X44 J �'� �. / 04 x933.2 / / &•S` r ".'t �p37 / / 'i 781 SETS ... LINE '/ / t 40.0• r AVL DRIlWAY SF a� / x932.5 / r 4 4 ¢ . ?Et'i 4 y T t �l x� u.r 9J2 i / /Q x9 • ' 9 '•4x '` M rl._ ,, y':g -,'t. ,, ,,'*.,a 932.8 1.....A.4-i. /� t ', 3 �f;,•t rH t r g v 4. <i` 942,7 x � •t x 4- R34 932 0 / / INV. 927.93 833.83 .� 9�� 940 C 931.6, / -- 1.8 it • • 30 0 s x036.3 y / 938 4x 938.6\ • 930.8 / 932 x 1.8 / x9331 • 9 •f4111.41111144444444,•:,,,,... 1 n T 7 x935.6 r.. L. V I ` P ��l. �� 930.0 • ,'w' 1.9 \c/SURVEY UNE x 3T.0 w'1:/-": 931. \��,. 2.4 4' 37.0 930.8 �i 1 x' 8 x C v7t• 1 0 T i4 ded by a line beginning at \O, . V 1 1 ; thence North on the il ° ice Southwesterly in a •.2x! x934 T1111111‘ ocE of ODS Westerly line of said Lot !' d along said line from the 1 0. 3za \CI 'Ince Southeasterly olong •`:int 932. x, 0 34.6 0 5 point of beginning; �i�-A ..� I .4 0 0 �`'/lj .��� \mss 341 x9 a V 'Y�\ T UNE OF LOT 1 f a straight line drawn �•V, •• • ',•• 0 x9326 cw000 :n" 1 point in the Northerly line ....:740 *`` 9 4 along sold Northerly line E` �� . \ 932.9 '°,.'` .35.4 Lot, and runs in a straight �` �/ '! feet Northwesterly from l "q •, *VA 9322, O {� �iq - u;',: s,j7 4 5 BTW I of said Lot 3 and thence \OQ1, a` 931.6x ,.,''; �, +� Southerlyline of said Lot. County. 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I I /Ir. 4.,.sR.3\\ CORNER OF LOT 2 96.2\\� / /1' 11 I. ,\\ / x96.3 952,0TC 33 44/ /x960.9 I I / I I c\--x9 '59-8 g6D' % I \ / I 1 96 b.2 1 I 960, ' x957.7 -44:t / / / 952.�4T STORM C B. 95B. 7.59.0 / 157,2 // 1 `LOP-961.7 958 Bx )8'•5 /95/.0T \ / ..• - `�/ A 97/ /'/ x94.6 I I 957.2x //x955.9 / ,7 ! 956.2 • -3- 956- 9545 /7 x/ ' 4L3TC. - 54, 5_954�9j4I / /4000 NORTH S1iGRE DR. .., ier--.... )c_ --_952 952.5x �' FIRST FLOOR-961.0/ 9515 TOP OF FNO.-960.5 -- I GARAGE FLOOR-960,4 x952.9 e52. __---950----- x4dk.8 0 x/, ' 950 952.2 x, a \ i ----948 - \ \ T 951,4 / .•463.----946--- \ i 946.0\\ 949.2x x1p4IuuP.mPrI.__.uul• /_944 943.7^\ 11 \49•TC, 949.644.6 / 946.4 948.5 �'948.6� .77:/'"/i7/7(.7I . I 111k11114 �g4g16 , 949.5x - ..:. >�'48�W /•1111 . 9a1�.2 I 48.5 ;,2�91 p 4.. 1 �� , l 949.8 :{; -r re'0 i, EXsAtilictovE.ISTING TRUCTURE . x45.9 •. // X949.4 i,°; 24"/' .. / \ • // 948.7x 946.0 /N , .w.�F01"/Z., N9•. 2TW \\ > \ / // �q�0 �� +�83�' �I gal 9TC I I 948.2.9 1 943.2 �• �• •43.:• q..0,. \ 7) / 947,2/ ,, / 946.• . /(e .e)/.___ .94.44_44!"4 JJ 943.. \ / 948.3TW/^,F,'.. / fYY I. x r \ I A $w„ s,r"i..,5;,.;944,7.8W • _ 10.00 94 OTW z x / x944.5.1*•-44x/.3/ '4 5 f.. x944. 'x842.0 k. (a.7) \ / 944- 94"/ ,' 9 0.9 4' \1 943.2TW, x �� 943 1 2 •\ / 43 2TW 12/ 1 ,.x9 0 4 / at5' 1� '40.2 t'.7 ! (� \ •dD,16Wzi/ .\ I OP \ C:::1 I / 93959W -, / y `V...."...' 4. •w .� 1 / 24'OAK 939.4' 9 2. ,.A A � ;'941 .i: / 4� . FLOOR , / a, ^7^� ti •oC9a 93 AAE FIgOR-(i4�o) I I - ••� .5 - LZ.DORi(942.2) a \ , xCV .w / V.r, ' '.938.4 9 .4 1O/ 1 '. �� / _93 N (930.09 • ek 774,0;'OfrF .01;X,:.:, 1 :' 945,1tGUTIER e/ op . A / 4p. i ------ SRF- Irl C ) •~/ �� .936.1 Q4/ \ ,%,( 942 0 ' ..•J .. (94 .) I / J O i\\` s .6,`�C`��`CC CCCC C'9 �C` \I L. U T / r M CCCC•%C PORCH C(CL' 11ci C CGI rri/ \ fl1P . CCCC 0 9 -.6TC$ CCCL W/ \\ , C1C 1/ C . ` CCCC C C, 1 T.r) \ / x935.4 \ <CC��C`/yC�� (�,C�'yaQ� C�C�L':. �Cf/.1:( `CC�C(I- ll.( CCC C - I / L. V T \ `i C' CC�C'c 'J39�``CC 12' <C.CCC�CC�C`' 1 > // \\\ • 941. >A•C.C.LC�NE a :IA.:�t CCCC 1 CCC C 1 / / \ �� _ :938.2 4' .. .; �� t. \ , 9••.5TC, 9311. -`&` W? 4 .• ' <CC, 1 943.2 / 9 936. 1 �PRbP05EC5''' 1''..I / !Ll�� ORM B. / �Q\\ x934.1 x934.8 •ti•N 1NIrt'ENE.„ - ,9.: CCCS`'CC., '1 941 . O PI101EC110N `\ o o � �. I A.. ,C.CCCCC�CC 9• i-q' N INSTALLED AS REQUIRED ol / I x933.2 \\ w o o \\• \ t,.! 4144'1:CC CCC \'9}3. �,. / I ••• 4/ 76' SE18AC!(\ x9 ,• /r.. 90,8C�CC L.4-1-4.1..(' CCC, r. . ...4;:.1 \. j� k FROM 12i. <p l �[C 44; �c el• CRAMO.DRIVE TO 9E I / 932.8 �,..,...A. .„F� •IF1E�. CCC C "r a' ,• COIV9IRUOTION �f x \\ x -1.4j. CCC CC rFi~i.� >\.�iy;;� ENTRANCE TWIN / s ti •\ • , d.3.;7 CCCCCCL<CCCCCC , 1,•.,b ROCK ADDED A$REQUIRED d y � . 9� 4 l CCCCCCC4CCCi! h 'r.N..1:.: �i 4144111111111111144111111\ 4/4' 32\ ' / .\ I�' x I •') LCLCLL L4`(, _RDPaSED�� i� 942.7 \ 932.6 1 f1.4'L x935.31 1 \• _\ (( S)' :y ,•Y�.,.'1T±.' \ / 9O � \ 937�TW x 940,8 !' .ti.f� ^ \ / / *IP RiM9ss ba ao.3� •.o) a 7, 30 \\ 932.0 ~ .,C INV.ti927.93 \y \9 yy \ C ��. J�\ 940 \\� - \/ \ \ 938.•X. . '4 -♦ ♦ \\ •N .A \ 36.•TW ���.•' 936,3 r=:_� '1 • A \ _._..._ x93 \930 0 \,% \\ 935.4x . 936.6 x • \ \\ \ 930.6x ,. \ / 932.4 x \ �9'. \ ,\ 931,• \ 933.1 \ \ ♦ \ \ 930.1 \x, I h T \ x935.6 �� \ \ , 40C.T.er',- A L. V I ,,,, .c... N ! lir \\.•,�t `\\ VfY UNE v 935,9)\ i ! \\ ♦• \\ .. OF BITUA \f3 .9 - 932 v\ \\ 37.0 \ \\ • \\ • t�� 931.4 W 932.4�wI. v Y \ ,l37.0\\ \\ \\ • ARD RAIL � 930.5 ; AJ x4 x935, iii \ \ � \C \�, \\\f h T ^ \\ \ \ --942 eginning at O, • \L- v I 1 \\ \\ • sa,.s • 1 onthe ha 9� 2x`�:\\ \\\ x934.7 1 DOE OF V�ODS \\ 4. 4. said Lot •\\ �\ ,� \ \\ \\ • 1e from the . .,._ 32.0 , .\ \\ \ ,iny;along 147,4, \\'t2.1..".. w� 932. x ;934.0 934.8 \ o g \\ \\\ • \ \ i� �; 9s \\ 934 .1 1 x93A6 9F0 \\ 60" 9 !TW \ AST UNE OF LOT 1 \ e drawn w c04 32.0 x932.8 C.WOOD ,.. , \ \ therly4orthline ,. ;_ \\ \ xt;37.s therly line �j O 932.9v t 935.4 \ �9 n a straight /..;, #1/., -" • h,` `� �s terly from , A ••1'• \\\ �` • 2. 1.:,;,;:1,o \93�32.2x.8•.32.6TW\1 and thence �, 7 �.:.. f Of said Lot. 0. • „ 931.6x r •32.5TW \\ 7 +(!fl P I. 934.2 x935\4 `5076, ,, ' s3 ,s A F, Ota. S 8c `930.5x ` G�}� \\ �9 31. R4. ohs IV \ -w , \ •� ,.- x932.3 Q \\ -i' x9\\\‘0 •3 .4 EXCEPTION Q \ 32.4q ,) \\ .4.00.-- 931`L�9 ' finished siding . \ J NT OF BEGINNING I-: , l ,A Exhibit D ?I l'l VJ #17-3917 • •,.-, rik 1 , 1 f i,vid-s, ' ,,c?,))-;.b ata• '.•• 1 I ii 1 1 E i ! .....y.. ., ct\ 1 . TE. I, , ,,! . _.‘........:!.! 1 ,i .. I . .. ...._ •.....:,_A 1---31ii /i. -- ' l'j ! • / �' ' , �/ . it r7174 ' ji Q. •:4j A1-4 .:77 ,' -1 .0 ,4 AIM toiiirMI - 1%---, Niiiii.1:1•L { 1 -7----'z- ___., -_. qO \ NIMPletill - . 4":-. . R ik ili > oi .iiii ?, �i w 6 . ----1 efilming_44611 i �,.., i-- I arm`,all ;21.1(® .1- —.(n•-i. 1 ' I ' / Q� 4. �..__.-.111 .�, . MI ///./i 06441.44.1 ? o aws IlIgamilng s.paw�e 11C .<1 s i IIG.�....�......C��p�''1=z: �elea a arra -■ ..._._......_.._.......___......._.,.,._..-.._ . illiiiggig:grwmutm-4011k .1.;-- aexatr-- E:001102.3-.ng.11:mr. .12:1151:11 iii ■mmt, ...mega 7 mail ■a%■r/c- I mail C tiles .1 s � A. wM`� y9H t•pm,(3-,00 4,r,,,.., ..u___ _ _. 1 �9 M /� LL� F i _ in ^ ! a Ute► 1!` i ras" �. 1m-- y ■ ri .0 l_7. : .Z.0 room. • 41181111N1 1 f. , ONO / • .:<:7 , 11 6214:4:11:51;-:1-41111412:- :::°:"i ' IN 402.1.2110142=py sale3001121710 /.\:!.. : ii7 blilipme: 'Ims rom'swok0-21101 = 1.! A7 E V, ; moi;•, ii 4. V !;/:11111. . —,..:7NNNN -.,N,,.,. a It aoEetsmc�--- ' ' ''\ ---- 111:- ,;;-'44M1.111-7- 11:79i '''-,, .4.-- s , ''77ili7, " . till", .= 7.4 Kii \\sss J i uoi (! f [.. 1 . . 1 C--- H . , ,.„ . : Z- . ...• ,....;.:_:. - _...4-, .._ . ...... --=---MINI ''...2- -a-7.-----4 ...7..., _..„......li 0, --- ' 111 ...''I'll:: 7::::E ' ' . _____—_ „ _ ,_ ilIGIGINGiii.v,avis..., 1,$) cz, . ! ..1-1.H.4 . a 1 . .• • 4o Z 1 • , . ..,,g, ...,";:, -E i" 31 ---:. : ...1.0am. _.--;::- - C) .J4-I --ft,'"N, . {12 ' 0 0 IIIIIa II - I i $23 4 : . +4- - -------4 / &.) r A i•,—.- , d .. , 0 0 %, i- 0 - t.,.._,I 4 0 if. _ •< s•I t I ri. I ‘r ' 1111441111111 _ NI 1.111 3,13 = C4.1 .31' . .. 1 • .L _, -7 . SI. 3 1 1 1 ' --r - -- - I . 1 , . . a e H c Z 4 o, e° 44 P . �- M Q 1 I i z %N. r a �__ d - 9 j `- o �- ° 3 , , j ,! o ,At____ _ri y I. zf pi oImo .- 2 o = r 4 v i .0, ''.... .':: - . . Loi r. ;••• . Q ....\ .ii ,:laWill "-- vLf ..- - . .. Qi - I a „I ing i X ole • .0L`. --•1 Lo ;, ! - 1I i 1,;i # t 7yhpr4 , 7 a I .'f I ---....--. r----b. 00:1 f' -7----1, -c-ifi -- mv.,, , , ahn> d. i ..., i , i i 1 'Tor- er 0., , . , , ,.. �\ ` off �- r / . r -- -7.3—v- -- k—.)..tv 20(.7c(*0 VIa: N1, - _.ilGx12- i --,,,. i n.1,4 , , rt . , -, I .ri -_=. 1.,-.11-t w/u] i — __ .._ _ I)r-7) N-1-7C7r< /A 1,P,4 re...--ri,A .Ncr l 'LAN) -is4 F _. vg.tl= ')....O ti - (5 x"cl.uQE5 MScµ iSTAIR. 5F) ----------- __ Foot__ 4 6 tz x. St"2.UerTU(2s +&I/,24\in fL?c'M ApArzrMENT 4005 Norzt st-towt. P . 0 t20 N D 2 •23,r " u?Tr" it 17.5A.Np ? • (},j \ •J I e H I VI fA ., O o .`l i f Y, z • 7C ,� __(. -Jrti_ ` v z i -:-.0 II I N 43 S . 1. IP i o '( .- `_� 2 O I. r11 _ _M.� I a ,J O 2 _-1- --i- i 7'.9.- 1 ---. - O- D. L, 9-l Z . tt f• 4. o �J 4k ,� p, car- /' �44¢I . • , 4 ' __ �%h. I jtr. \ �t ter, ,0 i j \,'� irk. `ki F oY • ai 1. , - 4 4:// vrl ''',/.., i• /Pip / 0 i p6,1 , _, , - 7 'dA ,8 , `ti - ,off I s4L 4 951.4 ,,' 46.3_---946- ` ., N 77i� '. - ,946 p\ '�8 l A 949.6' x_944 1 11 �aa.6 / 9437„ ` y,9.c 948.5T, ' ;948.6 �..` Da@4 C. 949.Sx -:�,i'48�BW / r / \ 1 i T �1. / Z1 ,94)!2 i y 949.8 �•48.57.•:�'9 � r ����y�,4. / / 949.4 R Ci 4.. iR' • I 7`- ' .4,6.� / / .949 0 � .. 2a. • 1 / 948.7' ,946.D1W s , �� 5� Modified/Revised to.. m 1. , . " ,9a 7TW / (948.2.gI. 947 2x .�• .\ 947 9TC. Pool Plan 947.1 / 945. /(94 .8) ,94,,Q�4913.3r �aJ 9 0 • I. .`' r, } 943.. I / 948.3TWi / • /d? \ '44 r __ 1. •941.589 x2�3 -94?' moo ,94 O W / 9q4-------942"p�l.s�7 "941.D x9.42.0 (94X.7) • / 943.2T ..r/ 9 0.9, 5 "` •4..� \ • / 43.27W is40.2• Ref \`x,9.•.0 94.>! W •'1 / rpsRW t�- 7 GARAGE 939.59W 4 � `\y ',..,,{9. 1 / 74"OAK 939.4' i� \ - ® 8 I 1, 0 / -9a // + i / PROPOSED GARAGE N/ . .,941 ��/}. ?NO FLOOR APAR T / •,� .\.fix \ .5 GARAGE FLOOR-(944.0) 4 �+'+ .- / Jo • 0'9384 9 a PORCH FLOOR.'(9422) Lk. pool size/shape b (� b /(939.o8 :3:1 If)/.. 1�/ 936 2 iu 9�0 1 o...........pip ....., as revised / A r' :‘�9%.6, C 942.01W�;CC .00 1.2 < i:�.. 4r 0 I \ C<<<C<<<<C<< ( 2- 1 I / `t. ay A7 CCC C 1 tC5CCCC,• .c s C4 `fie' ,qts` .1x X40 CCC ' r,C<C�C-C, PPM • CC 94 2. I m Cv \\\ 40•E C C 7<<�&! g AkCC 1 0 9 -.6 TC. 1. C 93 937 . ,'CLk. CC<Z4. x940.-.7�Cf,�< • i w t� "935.4 CC<C<<<C•C/ .,,, 8 4�•;c<<CCl` i LA •• / I /Th C C L- \./ T Jt N 5 CCC<C ''V.1<C<<�<<�CC aj�<CC C.(4.C.C<CC' _ ' rn C.939.0�<CCr.0 Ck.C, C`A. C}�,<<4.CC<C 1 > • ` •. tiCi 11 - .1,.9.4,0-S CCC<<<C I• J• �e36 `i `'' �<C 1 I \ 934 I .974.9 936. / • ' CC`<<, 1 III 9•I • PROTECTION ,953.2 \ b6 `• INSTALLED .\` \ C<<Cf 1 \ • C<C 943. x972.8 `te a 7s'SETBACK UNE '08C<<<C(Ck `fir FROM ON �p,,r_•,�'C/j<CCC. r •qJ ( r, W H • '18 3 . CC <C <• CC'�C N CpI51R1/C110NW1 OPo\�E TO / `\ 1 )_ `‘, 937.8 X1.42 \{ \\` / 9'P'4x Ii • '9.9.0::\\(4:1(4;..4Li-L...4;<(.4.(4.4,4-(4,44.-(4.C • �I • R000 AOOED ASENTRANCE REMARED 1 `. 190 -a// 935.71 1• OPOSEP \ J;_„ / \�/� 70PRIMr.9JJ.6J s_ _ .93• 7(941.5)• PRIVACY F�(E 947.7 / \\. . ?�•8o INV..\y27.93 I\• ••40.3 - • •.0)9W.8 \ 93T� ,9 4 .7 'nii / \\ �-• ' •�• 938.. •-940- 6.9TW x936.3 •-t••••',. • 4 • 930 6 1 / 932.4 .. ,-='�, x 931.• 1 935.4' �\\`_...... 936.6 .93•,6 1 ',930.1 I • 933• 1 !`t.� t,•-... �( 1 n T \ '979.' yid I C- U 1 Ia ) `'935.6 - \ `• ` I\ ` .•`1\ RVEY UNE : �� \ •` \ \\ sin'34.2"3t'9 937 935.9; `.....,-;'111 \ I •37.Oriv \ \ 4.r. Of E �f:L; 937. .V 932.4 y I 1 \ \ • \ 930.5 i ]r I , • �� 1� :• \\\ 1 , . x935.\ •'37.0 1\ •`\ ARD I I 0�s `L. 1.J 1 1 \ \\ ‘9'3(Z 2,,i".I\ {i `• �\ • 941. \ �� ` 974 7 \ 1 ` \� \ ,r,\ J \ ■ t1 OCE Or WOODS \ `• / \ \ (� \ ',,'72.0 �, \` V ,1 ,\ \ \ t(►_;. 932 \\y934.0 I \ ` vr.. 934.8 h , tA I IOpo „ \ • �/�. ` rte:_: 1 \ VA ` •\ .934.1 I \\ \ 1. I x9JA6 'pro ��� \ •D 4 37 0 .932.8 C W& I0 .v -- \ YEAST UNE OF LOT 1\\ (�`� O \\ - Ii.,'"...„.....\ 9 3.4 /\`."'• \\ �/ `\ .\, 932.9 '?•' 1 \\ •\ � I \� 1 37.9 ,935.4 \\ x4�� 45. O p .9 �. I �O \♦ 6.• 2. T fl:.. .97932.2„ I \♦ \\ _ �. 32.61W\ \ r7O • ,s��! / \\ -:...- •7 931.6„ 3:5'w ~�\ / \♦ •61 \ \\ 93 5 �`,..,,....*9.34 2 x935,4 Sx '9\305' ,, 1 _453\ %- \ • PC Exhibit E City of Orono #17-3917 X020 Hardcover Calculation Worksheet Property Address: 4/905— //went 5,16,ti'At. `4kE5 Oc Prepared by: r�allo �..R���,NG Date: 3 4-_zo11- 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 I properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separate! for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A A vg w/Z i c �t oaq d/stafyK6 ...riveL✓Gwe /,SVo S.F. B C Ristir rrjLtIaS.F. DOL.Ti Ztett1, 1-o S.F. __• ‹f FrNiTf FELE e. S.F. E S.F. F S.F. G S.F. H S.F. l S.F. S.F. L S.F. S.F. M S.F. N S.F. S.F. P S.F. Q S.F. S.F. T S.F. S.F. S.F. W S.F. S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 3 q(,S S.F.y Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)1 S.F. (4) Total Lot Area 1g.iso_ S.F. Proposed Hardcover Percentage [(3)+(4)1 It•t. % 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 9 of 9 City of Orono 40�,o Hardcover Calculation Worksheet Property Address: do°S _/erd ISR. 4'rzJHo' Prepared by: /�� Date: 13t2eL. S„rc✓Lyr,,rG 3'02-2ot� Stormwater Quality Overlay District Tier: (Circle one)40111111Tier 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 Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A j(•a54- 3aI•L'a2G.2i udia / 104 S.F. e D£'i`el.(fh Ge uGt_ 24 2:) 241.2' S-8 S S.F. C 4Atsr. . APL A 2.12: l•1' •/L S.F. D "(>rwk .674 S.F. E S.F. F S.F. G S.F. H S.F. S.F. 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. ✓ S.F. Z S.F. (1) Total Existing Hardcover — 2.4o° S.F. Excludable Hardcover(See City Code Sec 78-1684): DELA. loo S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover too S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 2,3 o i S.F. (4) Total Lot Area To bd,44 I S.3b0 S.F. 44,srmr L lar.epeee44 Hardcover Percentage [(3)+(4)] 11.1 (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 „um PC Exhibit if_ 7 rrt allialli ME _� t #17-391F uni i''.0 ri►., i µ 7 .1y 11.1 1410ir ',' ..._ -A r r - rte.. Y ,1 101! Ell ! Liza ...it 4 �� 1:7 •Th ..,;# , • , \\... i ,,,,. . II.. . ., ..,),, MI. � `vr I t i r{4,4r �y14 1, ;,,,, ,, ii,. / , ,: .. %4, .... ry , ,, / %Or0-- .\ . .., f ., ,„%1 iv i,,, *4,%.' ,1110110, MIL 0. f' • t z + arm,; " - �' a k k: lL i4 az qui in r ; I ��n ---+-- r 3 �q r • a ,Ay s 1} / iF V r �?a 1 :. 'Y �,. ,Vt ti I ways , .r+ ` ' ^ ‘,, r Jpr f ¢,, � � rev 4111111k0 . ) / t• YM + / ,„° /,, r ,} s 4: ,t, ,� i t i / ti. cn ,OI v � y � , 0 3 i t p JfiE c -- '1 , ,,, ,,,, .. ,,,y— ill CD r Q L i _, if? r,- . :. . 4 is — --tt- �t ;.-; r i r . ,, a ..., N f 1 M , ,'- a ,fir ,„,, , V 1:4-• • 4 f y. F ti I �) •e; S. •^µh) ti T V•• .'-'•'-c ' A 1.•-04.,,t,-. y J- did - lq. _ F is Ll''' 13.0Y. • U co g. LL t. ' ..,-;-4-1.t.'-,•••'°.' Illit v,. s 11.g ' ,,,-. Exhibit G f - . . r , #17-3917 r N.*- 114 �.,�� r 1 I t �c f -V.y 464._ t ',. y v zf: " c • am•. cD r� frr.-- - _ • .♦ _ ttr i,.. i: ,,,44, • ,r..ir ,,,....,.;,06, , - • f. - Irl 4. .� w ` • �� q/� M. �!�• l' • . , \\‘.1\-V ; . . INC.IIFe'f 40'114 )41 i 4 __ V . . s.,,::..., ..._, . . • r;41 � � b •.r F ♦ o - c. w? t~ ‘ .r �.t .�. lam. :,- 7-4: l!...,:,,,,74,4,. t or • '� 01- - 1 L a'F v: .A.01/4•-•.. ( ar vim :.=. ,d1.7.701-:. '�. t l 7.`;-. ..-;74.,' 3 y r . ;a , "H ��� - q _ .//u ,.. �.r a� y�� s. ` . , ti b`• tis .., t • Vii' t ! 1 1 II.. 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If you wish to discuss his recommendation you may contact Adam Edwards directly at 952.249.4661. Thanks. Melanie Curtis 'x 952.249.4627 ) mcurtisci.orono.mn.us From:Woodrow A Brown [mailto:wblandsurvey@aol.com] Sent: Monday, March 13, 2017 3:03 PM To: Melanie Curtis<MCurtis@ci.orono.mn.us>; vasplinter@gmail.com; austinslab@charter.net Cc:Sue@dfpdesign.com Subject: Re:4005 North Shore Dr(#17-3917) Per the Site Plan,the drainage flows to the north and northwest starting about 6' north of the driveway, not 1/2 way on the driveway if I am understanding you correctly. Did he have any suggestions of how he would like it changed? Thank you. Regards, Chad Elvin W. Brown Land Surveying 952-854-4055 Original Message From: Melanie Curtis<MCurtis anci.orono.mn.us> To: 'Vicki Splinter'<vasplinter@gmail. • >' ' • '• - ' '<- I-• ..charter.net> Cc: 'Woodrow A Br. •' •I. •m>; 'Sue'< - •►•fi•Z• �__� Sent: M.• - , 2017 10:52 am : FW: 4005 North Shore Dr(#17-3917) Good morning, Vicki. Our engineer, Adam Edwards, reviewed your plans and made the following comment/recommendation. I am still awaiting feedback from Hennepin County. The only comment I have at his point is that I recommend the homeowner reconsider the drainage plan. As show drainage from% the driveway is directed north then west then south around the house. This is likely to cause issues for the home in the future. ••e Curtis, Planner Direct • - • 4627 Planning &Zoni • _ ' - • .249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us PC Exhibit I RUN DATE:02/23/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) #17-3917 38 07-117-23 44 0002 38 08-117-23 33 0064 38 08-117-23 33 0076 TOWN OF ORONO PATRICIA M KNAPP NICHOLAS I)SUCKY 38 ADDRESS UNASSIGNED 1529 MINNIE AVE 1530 NORTH ARM DR ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 TOWN OF ORONO PATRICIA M KNAPP NICHOLAS D SUCKY PO BOX 66 1529 MINNIE AVE 1530 NORTH ARM DR CRYSTAL BAY MN 55323 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0003 38 08-117-23 33 0065 38 08-117-23 33 0086 I SPLINTER&V SPLINTER SARAH ELAINE STRAND-PAUL A R FIEDLER II&L L FIEDLER 4005 NORTH SHORE DR 1535 MINNIE AVE 3925 CHERRY AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JAMES SPLINTER SARAH ELAINE STRAND-PAUL LORI L&ALLAN R FIEDLER II VICKI SPLINTER 1535 MINNIE AVE 3925 CHERRY AVE 4005 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0004 38 08-117-23 33 0066 38 08-117-23 33 0098 J SPLINTER&V SPLINTER BENJAMIN P CARLSON TODD GERHARD&LAURA GERHARD 4009 NORTH SHORE DR 1545 MINNIE AVE 3955 CHERRY AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JAMES SPLINTER BENJAMIN P CARLSON TODD GERHARD&LAURA GERHARD VICKI SPLINTER 1545 MINNIE AVE 3955 CHERRY AVE 4009 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0005 38 08-117-23 33 0067 38 17-117-23 22 0009 KABAR II LLC LAUREN M EGGERT G C LUNDEEN&L K LUNDEEN 4017 NORTH SHORE DR 3950 NORTH SHORE DR 3995 NORTH SHORE DR ORONO NLN 55364 ORONO MN 55364 ORONO MN 55364 KABAR H LLC LAUREN M EGGERT GARY C LUNDEEN 4017 NORTH SHORE DR 3950 NORTH SHORE DR LINDA K LUNDEEN MOUND MN 55364 MOUND MN 55364 3995 NORTH SHORE DR MOUND MN 55364 38 07-117-23 44 0066 38 08-117-23 33 0068 38 17-117-23 22 0040 J L ELMORE&K A ELMORE TIMOTHY L ZWART LISA MARIE ALTON 4000 NORTH SHORE DR 3970 NORTH SHORE DR 1635 CONCORDIA ST ORONO MN 55364 ORONO MN 55364 ORONO MN 55391 JOHN&KRISTEN ELMORE TIMOTHY L ZWART LISA MARIE ALTON 4000 NORTH SHORE DR 3970 NORTH SHORE DR 1635 CONCORDIA ST MOUND MN 55364 MOUND MN 55364 WAYZATA MN 55391 38 07-117-23 44 0067 38 08-117-23 33 0069 DEED DEALERS LEAH MARIE VICKERMAN 1505 NORTH ARM DR 3980 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 DEED DEALERS LLC LEAH M VICKERMAN 711 9TH AVE S E tf323 3980 NORTH SHORE DR WATERTOWN SD 57201 MOUND MN 55364 38 07-117-23 44 0076 38 08-117-23 33 0071 WILLIAM R&ANITA M ROUSE CARLOS GOMEZ-LOPEZ 4051 HIGHWOOD RD 1570 NORTH ARM DR ORONO MN 55364 ORONO MN 55364 WILLIAM R&ANITA M ROUSE CARLOS GOMEZ-LOPEZ 4051 HIGHWOOD RD 1570 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0077 38 08-117-23 33 0073 D&S MCCURDY PATRICIA M LAWLESS 4041 NORTH SHORE DR 1560 NORTH ARM DR ORONO MN 55364 ORONO MN 55364 DALE J MCCURDY PATRICIA LAWLESS 4041 NORTH SHORE DR 1560 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0092 38 08-117-23 33 0074 CONSTANCE ACASTONGUAY MARGARET PELTOLA 4040 NORTH SHORE DR 1550 NORTH ARM DR ORONO MN 55364 ORONO MN 55364 CONSTANCE A CASTONGUAY MARGARET PELTOLA 4040 NORTH SHORE DR 1550 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 RECEIVED 38 08-117-23 33 0063 38 08-117-23 33 0075 MARK D DUENOW E A LINDGREN&L M MILLER MAR 02 2011 1525 MINNIE AVE 1540 NORTH ARM DR ORONO MN 55364 ORONO MN 55364 MARK D DUENOW EDDIE A LINDGREN CITY OF ORONO 1525 MINNIE AVE LYNNETLE M MILLER # 3 / 17 MOUND MN 55364 1540 NORTH ARM DR MOUND MN 55364 PC Exhibit J Hennepin Hennepin County Property Map #17-3917 Date: 3/15/2017 .,8-, te w ail -.,:i , * r • 398 • }��'sv '. ,, ; 9 nr `f7 x„ "tea •t 111240 0.0.4 Qa* ..,-,„ . ' gPro aelici**- -- ' -' Ii§i t, r •A.e[ l .4.. , ,,,p „ . ,:g. . 4 �_ �.� . ,..,.,, ..-....._- i , „. it„ "" . d of S.lipor..:8,---4 If • "\ •� III \\ it„ s g=i111” 401 } .. 163• 1 inch =200 feet PARCEL ID: 0711723440003 Comments: OWNER NAME: J Splinter& V Splinter PARCEL ADDRESS: 4005 North Shore Dr, Orono MN 55364 PARCEL AREA: 0.4 acres, 17,220 sq ft A-T-B:Torrens SALE PRICE: $830,000 SALE DATA: 09/2016 SALE CODE: Excluded From Ratio Studies This data(i)is furnished'AS IS with no representation as to completeness or ASSESSED 2016, PAYABLE 2017 accuracy;(ii)is furnished with no warranty of any kind;and(iii)is notsuitable PROPERTY TYPE: Residential Lake Shore for legal,engineering or surveying purposes. HOMESTEAD: Homestead Hennepin County shall not be liable for any MARKET VALUE: $578,000 damage,injury or loss resulting from this data. TAX TOTAL: $6,391.20 COPYRIGHT©HENNEPIN ASSESSED 2017, PAYABLE 2018 COUNTY 2017 PROPERTY TYPE: Unavailable HOMESTEAD: Unavailable MARKET VALUE: Unavailable Item 12 Date Application Received: 02/22/17 O Date Application Considered as Complete:03/02/17 ' NO 60-Day Review Period Expires: 05/01/17 To: Chair Thiesse and Planning Commission Members yet �. Doug Reeder, Interim City Administrator 4kFSH°�� From: Melanie Curtis, Planner 11(\GG Date: 20 March 2017 Subject: #17-3919,Ashley&Amir Mehbod, 2625 North Shore Drive, Variance Public Hearing Application Summary: The applicants are requesting lake setback and 75' hardcover variances in order to construct a small addition to their existing home. Staff Recommendation: Planning Department Staff recommends approval. Background The applicants' home was initially built in the 1920's; it has been remodeled over the years. They are requesting a lake setback variance in order to construct a small 8 foot by 29.5 foot addition to the home to accommodate improvements to existing bedrooms and bathroom area on the east side of the home. The addition is proposed for the northeast corner of the home, away from the lake. The addition would add 93.2 square feet of hardcover to the 0-75' zone and be 64 feet from the lake;the existing setback of the home is 30 feet from the OHWL. LOT ANALYSIS WORKSHEET Section 78-305-Setbacks: LR-1A Required Existing Proposed Rear/Street 50' +250' No change East Side 30' 54' 46' (addition) West Side 30' 110' (house) No change Wetland 35' 130' (house) 135' (addition) Lakeshore 75' 30' (house) 64' (addition) The existing home conforms to the average lakeshore setback as Average Lakeshore both adjacent homes are situated closer to the lake than the applicants' home. Section 78-305-Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 85,950 s.f. (1.9 acres) 258' @ 75'/267'@ OHWL • FILE#17-3919 20 Mar2017 Page 2 of 5 Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 85,950 s.f. (1.9 acres) Allowed: 12,892 s.f. (15%) Existing: 4,432 s.f. (5.1%) Proposed: 4,667 s.f. (5.4%) Note:Structural Coverage regulation was amended by the City Council on March 13, 2017, raising the limit to 20%of the lot area, and adjusting what is calculated. Sections 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay District in Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 85,950 s.f. 21,487 s.f. 12,895 s.f. 3,710 s.f. 13,130 s.f. 3,803 s.f. (25%) (15%) w/in 75' (15.2%) w/in 75' Applicable Regulations: Lake Setback Variance(Section 78-305) Nearly the entire home is situated within 75-feet of the OHWL of the lake. The home is as close as 30 feet to the lake;the proposed addition to the home is set back 64 feet from the OHWL. Hardcover Variance(Section 78-1680) The property hardcover calculation is below the permitted 25% level.The majority of the existing home (plus some patios and driveway hardcover) is within the 75-foot setback accounting for 3,710 square feet or 4.3%of the site's hardcover.The addition will add 93.2 square feet of hardcover within the 75-foot setback. 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: FILE#17-3919 20 Mar 2017 Page 3 of 5 1. The variance is in harmony with the general intent and purpose of the Ordinance.The proposed addition to the home is reasonable and a minimal encroachment.The variances are in harmony with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan.The requested variance is in line with the residential goals within the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance request is residential in nature and are reasonable considering the unique nature of the Property having a large wetland at the rear nudging the development closer to the lake. b. There are circumstances unique to the property not created by the landowner; The location of the existing home on the Property was not created by the owners;and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the addition will not alter the character of the neighborhood. Rather,the home will appear to be aesthetically consistent with the adjacent neighbors as the majority of the neighboring homes are situated within the 75-foot setback area. 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 existing home location and orientation on Property is unique to the Property. Due to the nature of the wetlands on the properties along this portion of North Shore Drive the developed homes are nearer to the lake than the 75-foot setback; the application of the 75-foot setback requirement causes a practical difficulty.The home and the proposed addition are located landward of the average lakeshore setback line. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The home location within the 75-foopt setback is relatively unique in this City, although not in the immediate neighborhood. The application of the lake setback requirement virtually eliminates the ability to expand or improve the home 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. Granting the variance to construct the addition is necessary to increase functionality within the home; as well as for the FILE#17-3919 20 Mar 2017 Page 4 of 5 preservation of the wide, open space between the subject property and the neighbor to the east. 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 variance will resolve and alleviate a demonstrated practical difficulty caused by the application of the lake setback as 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. 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 The applicants' home was originally constructed nearly 100 years ago, since that time improvements have been made to the property.The large wetland on both sides of North Shore Drive, situated between the home and the lake likely pushed the applicants' home location, as well as the two adjacent homes,toward the lake at a time when maintaining a 75-foot separation from the lake was unheard of. Staff finds the practical difficulties inherent to the existing home's location and its current proximity to the lake may support the requested variances. The applicants' proposal, while encroaching into the lake setback, may be reasonable considering the desire to perpetuate the open space between the subject property and the neighbor to the east.The additional living space could be added to the home in a conforming manner however the open space between homes would be reduced by 15-20 feet;the existing trees and the open space currently serve as a buffer. Engineer Comments The City's engineer will conduct a thorough review at the time of the building permit. Public Comments Both of the adjacent neighbors are aware of the variance request;the property owner to the east, Jeff Andrade, has provided additional supportive comments. His comments are attached as Exhibit F. 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 FILE#17-3919 20 Mar 2017 Page 5 of 5 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 requested variances for the proposed addition with the condition that the planning commission should consider recommending plantings to screen the addition from the lake. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Site Photos Exhibit H. Aerial Photos Exhibit 1. Property Owners List Exhibit. Plat Map • PC Exhibit A City of Orono #17-3919 Variance Application ��f j Street Address: Application# �-� �i 1 ' •O 2750 Kelley Orono,MN 5356�y Date Received: 0242/1 1 1 Main: 952-249-4800 Staff: t 4 fax: 952-249-4616 Mailing Address: Fee: $700 S P.O.Box 66 Escrow: $700 / 52,500 l"f �+✓~ Crystal Bay,MN 55323-0066 Notes: k£S H 04 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: ?1,17/CWI�V{1+()r0 i div.O1/1M() DESCRIPTION OF REQUEST: '_,, I �., , I,,, r, •t 7, • 1��,� O410 Si0 t cf c, 144 (at -ch addi onal sheets as ecessary) p 11,4 im S o dOWN S l� 1/44S APPLICANT INFORWATION: Pt.check here if Applicant address qhould be used for billing Applicant: ftSkit4.4j Amor.1. IhA. bo A Phone(Primary): U Mailing Address: Email: a sAAttAitQ i y.icAu,s4 W‘G•LDvvt PROPERTY OWNER INFORMATION: /-.check here if Property Owner is same as applicant S check here if Property Owner address should be used for billing Name: 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 wiN be distributed a em ii. Applicant Signature: Date: 2/7A-11 Applicant Signature: Date: Property Owner Signature: Al LAL, AK A ei& Date: 1 IA - Property Owner Signature: lAilatd, Date: 2 / Z l l ZO/ 4- Variance Application-January 2017 Page 4 FEB 2 C 2017 3 919 CITY OF ORONO PATA 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. 161,11 kevv-t- IMfArt,k7wP First Middle Last ti1c15 Kov- Sktt,ov r>v . Address w v1,o t1/4A.L3 ! it-X671771 City State Zip Phone I understand my rights as stated above. kV\, Si na re Variance Application—January 2017 RECEIVED Page 14 FEB 222017 3 9 19 CITY OF ORONO PC Exhibit B #17-3919 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. "TIQh/ property operty owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." 2. "The plight of the landow er is due to circumstances uni ue to his property notgreat-d by the landowne ." 11011, dna.\p t o t.t In,ouubu , ...i 1} 1j 120 , A4, 1u1AWR WvvQ.vt lot,IGe St' L . S. I.+. Wt. iv. ►.. G., a . .. ► .i A E.� n 1. %f7A 6W0A1 i r r V • of e.Ht tAC's> 3. he variance,if granted, will not alter th- essential character of the locality.". a. itri-u t< [) tie, wQS destcthect „, • , • ►� th -1'%4 cn Ue ,. . . haA• erAirs i 4.42MV �•-vt, sem S 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists u••er the terms of t,e Zo i hapter." _VVI)VV1 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 116.1 06, Subd.2,when in harmony with this Chapter." jodt 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed updee this Chapter for property in the zone where the affected person's land is located." Variance Application—January 2017 Page 7 RECEIVED # 3 9 1 9 FEB 2 2 2017 CIN 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." Ki fp — — 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately a oining propert ."- uv e,Gu t wY 1i0, t9 Yt I S -h/t a'� tew l.i -4't/ke e Ae v'e In.�u4 e, t S b w ll+ NK t le �.e.�bu.c tU, Mh& (-Iv► 4 ti- WlLv L.� 'W r c 7t ble AD yuan-e— lAktiO XV1 tv vOV1-W1e ok-, U t'k'v o' -`-- &t. va.vtay1C . 9. " e conditions do not appil generally t. oth-r land or structures in the dis v in wh'ip id land is locate'." I l.ii. 1 0 ' V! A A i / I kit. +.I V i 1 a . id,..., �/ �ry.��V •st .4 • y� .L' 1 Vvlp it waw �v`` �"'� `'`' bu. utmeVt' Li' ' m - '`1 vt - c 10. "The granting o th application is necessa fort e 'reservation and enjoymen of a substantidl property right of thepplican ." We.�brie. ti-7ViAn b t 4A/te vetxl+L is t it w, 4 bi tt lODI s t . 1 . P a /. . .D &♦ • ...... P ... g: •♦ • z ink MM t t vi*-tu. O f" 11�e. k ovkit e— Wl'Yt4 \c/ S"1" 1 m.' 1 -tt1e_- o'. 11. "The granting of e proposed variance will not in any way impair health,safety,co fort,morals,or in any other reppec be contrary to the intent of the Zoning Code." /N 9 11/4/41.&./L W Q Q 16tvt1 wItt OM'Fra w- 1rt.t-�1, SO-te .--11-1 12. "The granting of such variance wilt not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficul ."W `, AA - 1 ) • .. t ,A Via V L. L 410 I I / kit tvIV\c( H/ IMMOi Wit IS QV'ltt. VILIA1t 1 t wiVL vt`, Ye- aAat e, tp i Practttnifficulties 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): Wt- wuLitt - -t NAVMVI,ll CAwt>Mte7Sia v1 ° 41,0 kik) . Vete,v t f we l ..A ►. . WA . ,• Le 1 �. it ...... . Wu ' , + , a td,) 1.... w A... A : tAt ' _. Lei 0. .. tw.1. 40.• cput, bitut c bzkiwa ilikt to-V cd-1)0,A(___ lik \na,cAcvtii hy-r%twok DA( V\W ?W fo t'1 < 4,a c* . Tkiii 9171664M M u lu.L,k lu c(vQ-0-1-RA( tivwd wve v- Lbtatue,t tk c oct,Vtt Ik [qi. , i ct & vie,a hloc It .ie-e v iJ c tkotiLA Jo✓4 S(lt,ove, i OA ACV 1 ate -k,01/v1 ()A M, t CAAoAeactUf O- IrL L L, Variance Application—January 2017 RECEIVED Page 8 FEB [[ 2017 3 919 CITY OF ORONO / 4.* , // _Aii _ / \ \ msNs` ` \ / :1:.. X / it{/ Jo / / 'N''• '`uct, N N'A•it',:p.„tt, / C..- L_ D� f y/ / \ o )) / .F Exhibit C 1` it �� • / \ �'i• 'F \` / / / Survey ir N /'� -of / e0 /fro \X14/0, \ // // /1/ / /r`"3 ti� \ / ii •fi / / Ai. , \� / , \ / / 47 lio P (of 4 /o, /e FENCE END O.s FEET / / -f ,, 1 \ / 0" if,,,. M"Lr ' NORTHWEST OF PROPERTY UNE-- ` t / / JBI ~ JJ N. \\ , // °ire ��`_'�� 2 .,+,r / \ �r\ r BENCHMARK - TOP OF \ '� \,y 13-*•sy- c--- N% ?/ P \\\ ,N. yCAPPED PIPE = 932.82 FEET- r r // �F //__ / •ii:// / �gbs >- N 1� /,' FLAGSTONE \�4' •., % / / /�•,� `1 . N\ I '�� //�' ARE PIT \� / w♦ / / I`` J / N J\\tom`; N / r �1 \4C �� % 7:-'. �\. �,, ryr /h• ® / \I-, ‘ ( I.,ik_` ^? 3� \ c' / \ ai sHEPs,, / . .' 4' ry 8 7 (,)-. -4• -prili, AR COVER AREASZ s.: i ! �/ \\ PS -, , / 4v Addition D • d ''* 5,354 SQ. FT. � ... \ ,�'% ........ ` -�� - -•\ .. .... ,,:,-0- 7;••::./ / 1,078 SQ. FT. �',�' 7 S �i \\ I .'s ... i „ xa3z 3 / DRIVEWAY = 7,222 Sr . FT. .....,. *:4\\•,...k..4.,, \���Fr \� '4 s' ?�' N N I o.,`-,�Vj�'; \,., - 1- ;WALK, PATIO ‘44.•-,,-._',..:, `,>. 4 ..' ' l'Y :: �' / \\ .. = 1,241 SQ. FT. `r ,\, \ F a ' I I 44,‘..* .. : \ , I ., X931. 41 / COVERAGE = 12,895 SQ. FT. OR 15 PERCENT , i%' .`Q`.O_' ` � ' \ \ Z~O. \ �F /4 }.. .` 1 12" DE DUOUS ' `````,....‘,2„,,,\ � \ G• a .204.1 © -'x93519 16.11 SPRUC N r <., �..r \..O R «r `r oe / y3 YPINE �q �\ �s, y, ., ' _ LEGEND HARDCOVER AREAS `rf \\\ :=,:1�^ , .9S .` sz,, p a '" A` 493 0��!, " SPRUCE \� . - ). / o 14" DEgDUOUS ` �'? �-. • \ x933�1��' l,Q`� 0" 91 H 2"PINE X FENCE 1,589 SQ. FT. `�, ;0o / 1,078 SQ. FT. ▪ '.. -.44!-.4-1., .• `�,r - 4 IR H ss 4' DECIDUOUS l' ---<'.-... •'4- \,` `: 't`.' 94.41 \`. '.' 2-PINE • DENOTES FOUND IRON MONUMENT DRIVEWAY = 7,222 SQ. FT. , \ t. r a 1. cv ��``2"PINE WALK, PATIO �"�' �� r `°f'-' +� /_ x934.2 0 DENOTES SET PK NAIL = 1,241 SQ. FT. �� 4015'\\� ' 60• co Cil,, Oit -,' 1 BIRCM 2"PINE '? \ ,/ _ i_ ® DENOTES HENNEPIN COUNTY SECTION COVERAGE = 13,130 SQ. FT. OR 15.2 PERCENT• ':- -. ...k -0 '/.:`2"PINE (BEARING) BEARING V < ef ':'N., • x933 --;---_, r PER TORRENS CERTIFICATE C s. r� CO? 2'PINE \� ,' ;4.6 I .\ - 14" DECIDUOUS 0DECIDUOUS TREE \;-.' :..,^ .'..:,.1;,....:.." ' RUCE '\ ,;."• * CONIFEROUS TREE e horizontal datum and bearings are based on the Hennepin County Coordinate System. ',,` `,� N \ I 1, N t W OE ASHLEY MEHBCD i SURVEY FOR: 5 PROPERTY ADORESS: 2625 North Share Drtre,Orono,Minnesota. LEGAL DESCRIP11q! Fowl 1: That port of Government Lots 4 and 5.Section 6.Township 117,Range 23.described as commencing at the North Quarter tarn of eald median; thence on a baring of South(the North lKm of the Northport Quarter of said section being assumed to hove a boring of North 88 degas 51 minutes Nest for purpose'of this description)a distance of 2678155 feet thence South 70 degrees 37 minutes 31 seconds East a distance of 83542 feet thence South 67 degrees 16 minutes 23 seconds East a Odd=of 266.2E feet thence South 59 degrees 5 minutiae 30 esoondy East a detonoe of 300 feet to the point of boohooing of the property being desrber: thence continuing South 56 degrees 5 minutes 30 seconds East a dieters*of 156.15 feet thence South 26 degrees 36 minutes West to the shore of Lake Minnetonka thence Northwesterly dung sold shore ;,;,-,, to Its inli Intersection with a n dram seconds South 32 degrees 16 minutes 30 secs Nest tan the point of beginning; thence North 32 degrees 16 .;.7„=„"r'", •,:,-.1'7.-' minutes 30 sec de East to the point of beanriq v M —- 1 wellT',"Y -,(41.yl • Parcel 2: .,..•.., 1 That port of Government Lot 4.Section 8,Toanhip 1'7,Range 23.described as Mows Cnnmrohng of the North Quarter corner of mold action; theses on a bearing of South(the North line of the Northeast Marto of said motion being mourned to have a booing of North tN!degrees 51 •'^"•' •.•".,- minutes West for purpose*of the de.arpten)a distance of 2678.55!est thence South 70 degrees 37 minutes 31 seconds Lot o distance of 836,42 feet thence South 67 degrees 16 minutes 23 second,East a distance of 266.25 feet to'Point A",said Point A,being the point of beginning of the property being dem abed,and also the point of beginning of Rice A'; thence South 32 degrees 15 minutes 30 swords West along said Line A to point an the shore of Iain Minnetonka.and sold Line A there ending;; thence Southeastrfy long sok heave to a palet 300 feet Southeasterly from said Line A.said 300 feet big measured an a booing of South 59 degrees 05 minutes 30 seconds East from sold Line A: thence North 32 degrees 16 miwtee 30 seconds Eat a detonce of 370 feet to an Inteneetkn with a line drawn South 5e degrees 05 minutes 30 1, seconds East from said Point A; theme North 59 Mpsee 05 minutes 30 seconds Wet to add Point A the point of Molding.except that port of said abovo-described property l)b g Nrbee � o'Orxesterly of tree following ded Ihrr Cammenaat said Paint A; thence South 59 degrees 5 nimbi P 30 monde East a distance of-248.74 feet to the paint of beginning of the Ike being deeolbed: tones South 34 degas 54 minutes 30 seconds West to the share of Lake Minnetonka and here ending Ir Sub}ot to to mJtud eaeenest for common dltvseoy our the soul easterly 7 1/2 fest of the northeasterly 255.91 feet of the above dewrb.d hoot a, shown by deed recorded in CR Book 1061 of Deed"pogo 276,Doc.No.11463661 (s to Parcel 1). Sabot to a flowage easement set forth in decree in did e certified Dopy Y of sword N CR Book 65 of k6sooansoue Records,pogo 301,Doe Na 318546: (co to Paces 1 and 2) CERTIFICATION I heaby codify that this map ecu prepared by me or under my*eat euprvblen ad that I on a duly Licensed Land Sareyor under the low of the Stone of Minnesota L. Doted Februry 13,2017 00.40.,.._"14,..... r w ;r _ Anderson Engineering of Mkmee.tes,LLC 'moi `>. by`- • e nen a access nr MO.r Joni Balk. •Pee,23 .1::4;--., Mnies to Lienee Mo.20261 / / to `.S ki Ail � s, ,' ' !1.kp \ s ...N. 4,414,,, \ \d // `�O, ` ' / \ \ / 4 \ / / / // II 0 i I N.// '`` `a � `� Ar. pr J1. %/ ��\`�`i4"° � � n\� \� 4 41'4 / bil` / / / I / / \/ G / \ ` / �. i i / M� / �\`,eftt \ \` // / / // e �p`".i // ��4 \ \ / / // / , a / ,� ,r / / a4 /.... / / .4\4:,,,,,i4. , .., `N. _S I -TOP CP' gyp, ? 1 / / N......,... .. ....... : /„.„,..,„,.1,,,, , i /1 c.,./ 44., •,� °- . W ...... �, / �'\� , ,. , ,y yN O ego R. ev.`� /,+ / ter ♦ 71 ITE r,„ ie. • uses tic NARDCDNER AREAS � , - vj.r "•-, 1'. _ ! f/� / Z c R HOUSE- 3.354 8.0.FT. -is•.m \ 'No // 0 GARAGE- 1,076 SQ FT. -.C.--r... VgittsStk.1 `� A'-.. - lBITUMINOUS Di6VEMATI.• 7.222 SO. FT. ,'�S "•.!' ,../".g.., , "� {I CONCEIVE wAtx,PATIO � '�%.,, ` MID STEPS 1.241 Sul FT. \ '' '.`� tii \ .j,." ',.jye. V TOTAL LOT COVERAGE- 12,595 SO. FT. OR 15 PERCENT �e �i� -iyTyl, �l � ��Ell, a' ,` ;r ,I / LEGEND PROPOSED HARDCOVER AREAS ••••,• 4# �� ' .\• 0........›,.. . -, ,/ O: _o.a ..'b''1- j ,y,, tri`-'‘ —X--Fn4lE HOUSE A 3.569 SQ F'. err. �: .,b� ' web 4as ,' , - aelnwe GARAGE•• 1.076 SQ FT. FOUNDFOUNDy, •:•. d,« `- • DENOTES FOPONMONUMENT MNOUS DRIVEWAY- 7,222 S0. FT. r PATIO 'iv, MY• ,w,vs 0 DENOTES SET PK NAIL 1 ‘4,,,.. AN Sw�1'241 SQ FF. `a�r'' al • DENOTES HENNEPIN COUNTY SECTION CORNER MONUMENT Y L.LOT COVERAGE n, 13,130 SQ. FT. OR 15.2 PERCENT 'moi,%i.. ,1DEARRG) BEARING PER TORRE-PS CERTIFICATE DESORPTION ;.•�i•:1 :�,' oieasoe 0 DECIDUOUS TREE h NOTE& S ki,,., CONIFEROUS TREEi.,,. 1. The horizontal datum and bearings ay based on the Hennepin County Coordinate System. - .,•.,.... ,\., 2. The vertical datum a MID 29.The alb benchmark a the top of capped Von pa.located nor the southwest corner of the •�•- \`�\ property line approsinotuly 13 feet from the shoreline(deplated en drawing)Elevation-93202 feet. •., ,k, 3, The area of the property described hereon a 9:5.039 square feet or nns 8.1356 Dos,miright-of-way a 86,950 aqure fest pro +" or 1,0731 ors. /e •4. As to the City of Orono,the n.A}ot property Is sant LR-1A(Ow Forney Lakwhre Rwidentlal)rd has ` the buidn9 wlbsk requhwnsnts Osted Lelow N M reoar.lwdsd pool the R f�pawn obtain o aonbng letterII 4� tram the they to verify dl conditions that offal the property through the elty xen6q ordinance This survey does not purport to Asarco all conditions aantaked in ordinance. Average Medan.setback(ham adpinig oen•rs) Lake-75 R Side- nR. A --'ANDERSON 1 1 °"`" "c 5. No ttUe wok was 0f th prodded for the pompom's e surrey to verify the lead description the e eskRence of mkimi -y --,ENGINEERING 1 1;,FrN 55441 easements or enoumbrences onthiE seg • NOIRE:TlIEanew• two anew 1769.412.1000(e)M4124080(q $ 14325 S-I SCALE IN FEET UWmOeeniiLWWII • LMOaGMPRCI 1ECnUE WAwstoi ma0n i • immum m� \ —-all;N' i : 7.,i - t, r .4 • . -y z ti „ w r.— �w K 1�Q BALL ti I. _ --_ E, a. P )I N _ r ,,Ty 1 9 I .. t om,. . \ . r ,\, N !:Ji. ,14_ 1 \._...z.„., 1 ; ; law , ,../4/ ) , • .__/4, ! i . IL__ _. .... -;....,-7--, I __. : \ ..,:::. , J _.. . I • r ,-,,-. , , , . . ,,, , „ n i ..__. _ 1 11 0: ._ z f ...-- ; , , E —1,V,, , , i/ ,j/rn ,— I I I L � I T 1 t /X r � � I:- 'Ii ) . , , , \ If \ / 0 ' ' • '71,-. -_,-.i 1 1 z , . I , I Z I II' i 1 I -I r flz 1 iT. 11 ' 1 r . , !. IL.i { H /• a Y.. , , , , . I// 414.j.,----47,71, -p- • • , t� lid ���_�� � , , � ;' � �. -- ani , • f . I i I . I F . Ti ; ....:...„, --, 1.\\ i ! )1) \ ' . s 1 t I 1' I I 'I , I , II .15j Uki . i qr) El E 1 /71 ,' . ' , , O 1.,.:co C" O r� R O c Z IT - x O r w a -0 m a n co- v `- -&-vt•GHQ PC Exhibit E #17-3919 City of Orono CDHardcover Calculation Worksheet I Property Address: -2� (\i(. Ovtyv D I` C Prepared by: j 1 , 2,V�tJ�/t �Y l,Gy‘An ivA!`\Wlate: 7,-, `-2.>- `--1 Stormwater Quality Overlay District Tier: (Circle one) ier 1 ier 2 Tier 3 Tier 4 Tier 5 Step 1t EXIST 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 Survey Hardcover Item(Describe) Length x Width Total y (Square Feet) (Example) (Gara ) (24'x 30') 720 S.F.) A � B 'lA --C- � �" � �4-1( S.F. C / _ C' S.F. C CY-CI_A/l 1-nf _ / VIN/R. /{ i��� - 1% 0—IS S.F. V i `7 �Y 1 .`�`�c�l. --- S.F. Ft u , u `t�2� S.F. G V\C .e_t&_ U•-10•--U1---1 �tC C..\ I f U' S.F. H 1 I S.F. S.F._ K S.F. L S.F. M S.F. N S.F. - S.F. S.F. P Q S.F. R S.F. S S.F. T S. . S.F. V S.F. WS.F. X S.F. Y S.F. Z S.F. S.F. (1) Total Existing Hardcover f `-..).,c 6tF Excludable2Hardcover( / (See City Code Sec 78-1684):, 4 { `� I�- Ft J 110 -!�'_ •� 0v W L V-j ElA d't t1�6 S.F. �i�C LL _ � 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. Existing Hardcover Percentage [(3) (4)] _ 1 CT % (Proposed Hardcover next page) ce& Q.O.A-C)- 1- OM 0, k) t/kA 4—C/ CrtiL5.A,\j'atl Variance Application-January 2017 Page 11 • D-t.A)l,(tre--, . City of Orono IN\ Hardcover Calculation Worksheet ,til Property Address: ctkeNE.- c' i,.,(]•`:' Prepared by: (fi e-Vr4ot3m v+ Date: Z• 177. \1 Stormwater Quality Overlay District Tier: (Circle one) al Tier 2 Tier 3 Tier 4 Tier 5 Step " PROPOS .ARDCOVER In the following table,identify all items of proposed hardcover on the property,keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain,as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property.For Tier 1 properties,identify any features by letter which are 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 `ipU, - C -A..0-W'`✓1 . Z-9.'I, " Y l 2 5 Cj A6 S.F. B S.F. CS.F. E -- S.F. F6j-CSC. S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. 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 i ) 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 Proposed Hardcover_[Subtract line(2)from line(1)j S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [(3)+(4)) \G ✓ 'h Variance Application January 2017 Page 12 410 /0 Oy (\.I O cf06y C •H L Q� U) H-- ti H Co }-1- I . N f— a a d (i) Jew a %c N I O N (N Ono A- r7 C.) o° Q 0a W I — d (/1 t- 1- Z r ��y a t` N o o` 0 Cl) cnC II 0, 0cn < cn r� cn ') o r� Li.. N LO a. `r I ''r) > U a II v) CD o >- w F_-.. Q Q Z (LcL CO o > z 0 4 5cYOE. ~ OODUm PC • Exhibit F #17-3919 Az ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM _---1 I(w ! /9 ,�'7�1�r at,._ of (-7; / Vv1 1 ��471��'1(Cf 'l aU,� 00410 [print nam (s)] [punt address] >• .• 9, • theans for the proposed improvement or proposed use of the property located at ' Al .a La/ i/ also referred to as Land Use Application No. . I (we) understa d th:t in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of th= property or use but merely to confirm for the City Council that I (we) am (are) aware of the 'mprovement ,,f: s and 1 at the proposed neighbor's pr-ject or use requires Council approval. 4 Fr 1 lily— lip Dat 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 [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 FEB 22 2017 3919 CITY OF ORONO JEFF MARTINEAU ANDRADE :frill - -7;. dt7/1-/C) 67-r-7 -/;// ...„..--- 4..44_ --ri( X je xl--- ,..))0 0,z /Ua 7115 ci i 0 IL 40,40, f72 t,:r } r 3 G.elf A Noitf-A. .._,Yi'r,&: :1)/1/Li-Lc _i_,--r- Wezii ,&e. -,) 71; 4 c6-) /I l ;/fin , /Urfl lirx,<1.-- '- -/23b- 0"7 743 /(491:.. . -.- ,..„cci,,r).7,-- 77:5 A ---/-7:f . AA) 47 ropi/e,,.%) riT4,,1,,,, ,c__ -710 7-.." 5L--.):5 )Che-1_`t=-), 11:p;le 7 A-1---- ---, //0",‘ , / fle--17-7 ,, 7 .-4C ; RECEIVED FEB 2220i1 # 3919 CITY OF ORONO From: Martineau,Jeff L To: Melanie Curtis Subject: Re:Mehbod application Date: Tuesday,March 14,2017 1:06:18 PM Melanie thank you for showing the complete plan to me. I strongly support this plan. It has been thoughtful to the minimize the impact on my home. I request the city to approve this without change. Jeff Sent from my iPhone This email may be confidential.If you are not the intended recipient,please notify us immediately and delete this copy from your system.Nothing in this email creates a contract for a real estate transaction,and the sender does not have authority to bind a party to a contract via written or verbal communication. ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) . aNN & NktiIV+E of o24.Df N447f1SpoZF .fit [print name(s)] [print address] Q4.6 Al have reviewed thetans for the proposed improvement or proposed use of the property located at 1.42,c/k,ipv" 'i Slog- 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. ig 7 Prope • Data 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. ****************st►N*tn***r ***i*****tt************t***tstk**r*tt+**********.nw»** .*****r+uwwr flfl.*flflj LA»*** 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. RECEIVED Variance Application—January 2017 FEB 212017 Page 15 3919 CITY OF ORONO ,I .r. I i 1 fr2"...' :lif4 • . i pc ,.. • , ,. Exhibit G #17-3919 ‘. / 11.. CD - It. C\•41 - 3 . -....„... I 4 g , • . , , C:1 rz 1 t4' • ''',...44,... • . f , f : 1 C:$ i.k‘titii.' \„ _.•'' • ... '":7C''' ---. --...-7- . -• • \ lIl \ . :11110,N.,,,,‘,,4;?.:7*,•4;7,-,.r. • • . -. ,, 1 li r • . - • ,. , . . . 1 1 1 , . 111 . . .f 1/ $111 I \ N...,........, ,_ ,,i ri,iru, . • . 4 ihhili ir, , . -, - ,11,,,, ri ii, ill VIII. / - 1/lb// • —,. 14.,‘ • • s . 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''..7.--- • '41. 4'4' -=' . \' ' r'' ''''k '' ' ' ' - ' - e I31 , 1 r, *-.11,,?..--'.: i. 14i\ '4,7'. :711 , ,v, 4/, 4:,.t.,,,_..-7, \ 4" %I) . ,ti . , a P4 :% use mew,'template 51601Q' j Feed Paper expose Pop-up Ed9CTM MV>CIZYv31 5960n1 38 09-117-23130009 PC KENT H&JUDITH B HODDER 2640 NORTH SHORE DR Exhibit I WAYZATA MN 55391 #17-3919 38 09-117-23 14 0007 SPOTTED DOG LLC 1907 E WAYZATA BLVD 8300 WAYZATA MN 55391 38 09-117-23 41 0002 MANDEEP SODHI 2515 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 41 0003 CARL R BERGQUIST ABIGAIL E VANORDEN 2545 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 41 0004 JEFFREY LINN ANDRADE 2565 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 42 0001 JAMES F VAN RIEMSDYK 2655 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 42 0002 JOHN D&SANDRA K JEROME 2605 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 42 0003 AMIR A&ASHLEY K MEHBOD 2625 NORTH SHORE DR WAYZATA MN 55391 I -?3 42 0007 JAMESJ # 3919 A S A&SHARON S WALKER 2685 NORTH SHORE DR ORONO MN 55391 RECEiVEU MAR 02 2011 CITY OF ORONO Etiquettes faciles a paler a Utillsez to gabarit AVERY®5160® Sens de Repllez ala Witte afin de www averycorn charpament reveler le tabard Pop-up'''c j 1-800-GO-AVERY PC Exhibit J Heti ,n Hennepin County Locate & Notify Map #17-3919 Provided By: Resident and Real Estate Services Date: 2/27/2017 ., O9^11+7 23-13 s r..1:17:23-14 i + s e ', 1 ' Park }rt . 142 y #, ' i '. i y .� il, ,,,-.„: ,', 1,_-'7,, ,.',4, : �-• ..� _' 23-44 al Park _ FR ENC.JiNfsitkE i" : 09-117-23-41 09-117-23- I lit/ t41 `` 111616. 09.1 .23-44 09►$t7.3-4 1'7 0±9-147.33-43: • 09i.1.1743-44 Buffer Size: 350 feet 0 120 240 480 ft Map Comments: iii I i i i l PID:0911723420003 Owner:AMIR A&ASHLEY K MEHBOD For moreHennepin infommationCountyGIS contact:Office Address:2625 North Shore Drive RECEIVED 300 6th Street South Orono MN 55391 Minneapolis,MN 55487 MAK 02 2011 gls.Inforighennepin.us CITY OF ORONO # 3919 Item 13 �OlVO To: Chair Thiesse and Planning Commission Members Doug Reeder, City Administrator 4kESH��� From: Jeremy Barnhart, Community Development Director Date: March 20, 2017 Subject: #17-3920, City of Orono,Text Amendment:Survey and site plan requirements Public Hearing Application Summary: The draft ordinance would alter the requirements for permit application, introducing requirements for a certified site plan for new and expanded principal structures, and clarifying the process for site plan review for permitted and accessory structures. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background It is appropriate to occasionally review the permitting process and to evaluate whether the information required and the process to obtain permits is relevant. The Development Process Review Committee, as users of our processes, have suggested changes when a survey is required. Additionally,the site plan review process was the 12 highest ranked item identified by the Planning Commission and City Council last fall. The City Council formally authorized amendments at their meeting on February 27tH The draft ordinance is intended to revise the permitting requirements for projects in Orono reducing unnecessary steps and expense in getting a project approved. Primarily,staff reviewed the City Code for mentions of survey,and replaced these references with "site plan"or a "certified site plan". A certified site plan, required for new principal buildings, additions to principal buildings,or grading projects that otherwise require a permit, is a site plan prepared by an individual registered by the state(surveyors,engineers, landscape architects). Other projects, including accessory structures/buildings, decks, minor grading do not need to be prepared by a registered individual. The Planning Commission and Council should be aware that while the expense and time associated with a project may be reduced, so too will confidence in the plan. Regardless,staff will continue to be bound by what the applicant communicates to the city as to the scope of the project. Additionally,the draft ordinance alters when a foundation and as-built survey is required,to only principal buildings. FILE#17-3920 March 20,2017 Page 2 of 2 Section 3 of the draft proposes changes to the site plan review process for permitted uses in commercial and industrial districts. The City administrator or designee (recent goals of identifying the City Administrator as the title of the individual in charge of implementing the city continue) is to make decisions on site plans, but may refer these to the city council. The change: staff reviews permitted and accessory uses,and a public hearing is not required. Section 4 removes much of what is required for a site plan application, deferring this to forms provided by the city. This allows for more flexibility to change the form, or to waive requirements when appropriate based on the project. Section 5 requires a building permit(which in turns requires a site plan), and that the property corners must be located. This deviates from the current ordinance,which requires pins to be located. If pins are not located,the property must be resurveyed. Section 6 continues to require a location for a 20 x 24 foot garage shown on a plan,the change is the type of the plan, based on if the garage is to be connected to the principal structure or not. Engineer Comments The city engineer and planning staff are reviewing the site plan/certified site plan requirements Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the draft ordinance accomplish the goals? 2. Are there any other issues or concerns with this proposal? List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Applicable sections of the city code PC Exhibit A 17-3920 March 20, 2017 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 SURVEYS AND SITE PLANS,WHEN THEY ARE REQUIRED,AND 8 THE REVIEW PROCESS. 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 13 SECTION 1. Section 86-66 shall be amended by adding text to read as follows: 14 15 Sec. 86-66. - Required. 16 (b)Zoning permit for land alteration. A land alteration and hardcover plan shall be submitted with 17 the site plan or certified site plan survey or site plan and incorporated as part of the building 18 permit approval, including the name of the individual performing the work. If no building permit is 19 necessary, a separate zoning permit application for hardcover and/or land alteration shall be 20 submitted by the individual performing the work prior to conducting any land alteration or 21 hardcover installations on a property, including grading, patios and retaining walls. The zoning 22 permit shall be reviewed and approved by the city prior to issuance. 23 24 SECTION 2. Section 86-68 shall be amended by adding text to read as follows: 25 26 Sec.86-68. - Permit application; information required. 27 (a)The application for a construction permit or land alteration permit shall include such 28 information as may be required by the city, which may vary between types of construction 29 projects. 30 (b)Surveys required: 31 • _. _ - : - -. A - . ,. e.Ae, zoning or general permit application for 32 construction of a new structure, or expansion of an existing structure or land alteration shall 33 - ---- -• - - - - .. - - - - - - - - -- - - - - • • 34 _ - . . --- - - _-- - - ' - - - - --- , - - -- , - - -- 35 36 of Orono Survey and Site Plan Requirements. 37 -- . - - -- - - - - - - - - - - - - -- - - - •- 38 - _ --- -- . . ••-- _ _ _ 39 - - ---- - - -- - - - - - -- -- - - ; 40 . ' --- - - : - - - - •- - --- - -••-- : ..o 41 . ' --- -- : - - -- - - -- - - . ee --- - -- ; 42 1. Evidence that the Average Lake Shore setback is met is provided, and 43 --_ _ -• -- . - - -- --- -44 ----- 45 provided. 46 (b) Site Plans required: a - ..• : :, _ _ _ _ -- _ •-• .._ __ _ _ _. -- _• 47 new structure, or expansion of an existing structure shall be accompanied by either a Certified 48 Site Plan, or a Site Plan. 49 (1) Certified Site plan. A certified site plan shall be required for all new principal buildings, 50 building additions to principal buildings, and grading or filling activities requiring permits in 51 Section 78-1286 of this code shall be accompanied by a certificate of survey or site plan 52 drawn to scale prepared by a person registered by the Minnesota Board of Architecture, 53 Engineering, Land Surveying, Landscape Architecture, and Interior Design, unless 54 exempted by the City Engineer. A certified site plan shall conform to the requirements of the 55 City. 56 (2)Site Plan. A site plan shall accompany all required permits for building, structure, and 57 land disturbance activities. The site plan shall include information as required by the city, 58 and must provide information necessary to ensure the project conforms to city codes and 59 ordinances, including hardcover, grading, and landscaping requirements. 60 61 (2) Foundation survey. A foundation survey shall be submitted to the city for review and 62 approval, unless exempted by the building official, upon completion of the foundation work 63 for all principal buildings and all additions to principal buildings. The foundation survey, 64 prepared by a Minnesota Registered Land Surveyor, shall certify the lot dimensions; front, 65 side, rear, lakeshore, and wetland setbacks; and foundation elevation. A foundation survey 66 must be submitted before proceeding with framing or further construction. In lieu of a survey 67 a letter prepared by a Minnesota Registered Land Surveyor containing the same information 68 as a foundation survey may be submitted. 69 (3)As-built survey. An as-built survey, prepared by a Minnesota Registered Land Surveyor, 70 shall be submitted to the city for review and approval upon the completion of all principal 71 buildings and all additions to principal buildings, unless exempted by the building official. 72 The as-built survey shall certify the final topography of the site; verify drainage patterns; and 73 provide hardcover calculations for lots in the Shoreland Overlay District. An as-built survey 74 must be approved before the issuance of a certificate of occupancy. In the event that 75 weather or other conditions prevent the completion of an as built survey at the time the 76 "-- - - - - --- -- -- - - - - - -- - - --- - 77 and establish an escrow agreement to ensure completion of the as built survey. 78 79 SECTION 3. Section 78-143 shall be amended by adding and deleting text to read as 80 follows: 81 82 Sec. 78-143. - Review process. 83 Site plan reviews for permitted or accessory structures shall be reviewed in accordance with 84 the following: 85 (1) City council. The city council shall make a decision on site plans reviews to construct 86 a p • 'pal building or enlarge the footprint of a p ' 'pal building. Prior to council 87 consideration the planning commi:cion shall hold a public hearing and make a 8889 -- - •-: - 90 ' . •- - - - - • - --- - - - City Administrator. The City Administrator or 91 designee : --•'•- ---- = -: -=: -• : shall make a decision on site plans reviews to 92 construct a building or enlarge the footprint of a building, change the use of a building or 93 parcel of land; to modify the interior or exterior of a building or site or land feature in any 94 manner that results in a different site design or intensity of use, including the requirement for 95 additional parking or to enlarge a building by less than ten percent of its gross floor arca. 96 The City Administrator or designee - -••'•: --- - - --• - - e shall have the authority 97 to refer an site plan review to the city council for decision. 98 99 SECTION 4. Section 78-144 shall be amended by adding text to read as follows: 100 2 101 Sec. 78-144. -Application for site plan review. 102 An application for a site plan review shall be made to the city planning and zoning coordinator 103 on a form provided by the city and shall include the name, address, and telephone number of the 105 the property is located. The application shall be also be accompanied by three copies of the 106 following information, unless waived by the planning and zoning coordinator City Administrator: 107 (1)A current certificate of survey of the property. This survey shall be used as the base for 108 all required plans. 109 (2)A detailed site plan depicting information as required on forms provided by the city the 110 followi+ 111 a. Site dimensions. 112 b. Site conditions and existing development on the subject property and immediately 113 114 c. Proposed use of all areas of the site. 115 d. Required and proposed setbacks. 116 117 f. Location of all adjacent buildings located within 100 feet of the exterior boundaries of 118 119 g. Location, number, dimensions and setbacks of proposed parking spaces, drive 120 aisles, and loading areas. 121 h. All public streets, entrance and exit drives, and walkway locations. 122 123 --- - - -- -._ •• .. .. . •-- - - -.. _ --- 124 (3)Landscaping plan. 125 - -- . - - _ . . - -- - •' --- - - - - - _ _ - _ -- 126 inches or more in diameter to be removed or preserved. 127 128 (� ) ility plans. 129 (7)Application fee and escrow. 130 (8)Any other information as may be required by the city, including but not limited to: 131 a. Architectural elevations of all principal and accessory buildings (including type, color, 132 and materials used on all exterior surfaces). 133 b. "Typical"floor plan and "typical" room plan drawn to scale with a summary of square 134 footage for each use or activity. 135 c. Fire protection plan. 136 d. Type, location and size (area and height)of all signs to be erected upon the property 137 in question. 138 c. Lighting plan. 139 140 SECTION 5. Section 78-1405 shall be amended by adding text to read as follows: 141 142 78-1405 j A building permit is required for installation. A survey must be submitted depicting 143 where the monuments will be placed, and the property corners gin.& must be located for 144 inspection purposes. 145 146 SECTION 6. Section 78-626 shall be amended by adding text to read as follows: 147 148 Sec. 78-626. - Development standards. 3 149 Off-street parking shall be provided for at least two vehicles for each single-family dwelling. 150 A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall 151 be provided and indicated as such on a curvet'or site plan or certified site plan to be 152 submitted when applying for a building permit to construct a new dwelling or alter an existing 153 garage. 154 SECTION 7. EFFECTIVE DATE: This ordinance shall take effect immediately upon its 155 passage and publication. 156 ADOPTED this day of ,2017 on a vote of_ayes and_nays by the 157 City Council of Orono, Minnesota. 158 159 ATTEST: 160 161 162 163 Anna Carlson, City Clerk Dennis Walsh, Mayor 164 165 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 4 3/15/2017 Orono,MN Code of Ordinances PC Exhibit B 17-3920 Sec. 86-66. - Required. (a) Permits required. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion, including but not limited to the general construction, plumbing, on-site sewage treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause such work to be done, without first obtaining a separate building, sign, or general permit for each such building, structure or separate component from the city. (b) Zoning permit for land alteration.A land alteration and hardcover plan shall be submitted with the survey or site plan and incorporated as part of the building permit approval, including the name of the individual performing the work. If no building permit is necessary, a separate zoning permit application for hardcover and/or land alteration shall be submitted by the individual performing the work prior to conducting any land alteration or hardcover installations on a property, including grading, patios and retaining walls. The zoning permit shall be reviewed and approved by the city prior to issuance. (Code 1984, § 12.02; Ord. No. 146 3rd series, § 1, 5-11-2015) Sec. 86-68. - Permit application; information required. (a) The application for a construction permit or land alteration permit shall include such information as may be required by the city, which may vary between types of construction projects. (b) Surveys required: (1) Initial survey or site plan.Any building, zoning or general permit application for construction of a new structure, or expansion of an existing structure or land alteration shall be accompanied by a certificate of survey or site plan drawn to scale prepared by a person registered by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Interior Design. A certificate of survey or site plan shall conform to the City of Orono Survey and Site Plan Requirements. a. The certification of the plan by a licensed professional may be exempted by the city engineer if the project meets all of the following: 1. An existing survey accurately describes existing property conditions; 2. Proposed project exceeds the setback requirements by 150%; 3. Proposed project footprint does not exceed 200 square feet; 4. Evidence that the Average Lake Shore setback is met is provided, and 5. Information necessary to ensure the project conforms to city codes and ordinances, including hardcover, grading, and landscaping requirements is provided. (2) Foundation survey. A foundation survey shall be submitted to the city for review and approval, unless exempted by the building official, upon completion of the foundation work for all buildings and all additions to buildings. The foundation survey, prepared by a Minnesota Registered Land https://www.municode.com/library/mn/orono/codes/code of ordinances?nodeld=TITVIIAUS_CH86BUBu RE_ARTIIBUCO_DIV2COPE 1/2 3/15/2017 Orono,MN Code of Ordinances Surveyor, shall certify the lot dimensions; front, side, rear, Lakeshore, and wetland setbacks; and foundation elevation.A foundation survey must be submitted before proceeding with framing or further construction. In lieu of a survey a letter prepared by a Minnesota Registered Land Surveyor containing the same information as a foundation survey may be submitted. (3) As-built survey. An as-built survey, prepared by a Minnesota Registered Land Surveyor, shall be submitted to the city for review and approval upon the completion of all buildings and all additions to buildings, unless exempted by the building official. The as-built survey shall certify the final topography of the site; verify drainage patterns; and provide hardcover calculations for lots in the Shoreland Overlay District. An as-built survey must be approved before the issuance of a certificate of occupancy. In the event that weather or other conditions prevent the completion of an as-built survey at the time the certificate of occupancy is requested, applicant shall provide a sufficient financial guarantee and establish an escrow agreement to ensure completion of the as-built survey. (Code 1984, § 12.02; Ord. No. 49 3rd series, § 1, 9-8-2008; Ord. No. 146 3rd series, § 2, 5-11-2015; Ord. No. 152 3rd series, § 1, 7-27-2015) https://www.municode.com/library/mrdorono/codes/code of ordinances?nodeld=TITVILAUS_CH86BUBURE ARTIIBUCO_DIV2COPE 2/2 3/15/2017 Orono,MN Code of Ordinances DIVISION 4. -SITE PLAN REVIEW Sec. 78-141. - Purpose. The purpose of this division is to establish a formal site plan review procedure for commercial and industrial uses and provide regulations pertaining to the enforcement of site design consistent with the requirements of this division in advance of building permit issuance. (Ord. No. 68 3rd series, § 11, 2-8-2010) Sec. 78-142. -Approval required. It shall be unlawful to construct a building, enlarge the footprint of a building, or change or intensify the use of an existing building or site in any business or industrial district without approval of a site plan in accordance with this division. (Ord. No. 68 3rd series, § 11, 2-8-2010) Sec. 78-143. - Review process. Site plan reviews shall be reviewed in accordance with the following: (1) City council. The city council shall make a decision on site plans reviews to construct a building or enlarge the footprint a building. Prior to council consideration the planning commission shall hold a public hearing and make a recommendation regarding the site plan review. Notice of the public hearing shall be governed by City Code section 78-915. (2) Planning and zoning coordinator.The planning and zoning coordinator shall make a decision on site plans reviews to change the use of a building or parcel of land; to modify the interior or exterior of a building or site or land feature in any manner that results in a different site design or intensity of use, including the requirement for additional parking or to enlarge a building by less than ten percent of its gross floor area.The planning and zoning coordinator shall have the authority to refer an administrative site plan review to the city council for decision. (Ord. No. 68 3rd series, § 11, 2-8-2010; Ord. No. 178 3rd series, § 12, 10-10-2016) Sec. 78-144. -Application for site plan review. An application for a site plan review shall be made to the planning and zoning coordinator on a form provided by the city and shall include the name, address, and telephone number of the applicant, the name, address, and telephone number of the property owner, and the district in which the property is located. The https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE_ARTIIADEN_DIV4SIPLRE_S78-142APRE 1/2 3/15/2017 Orono,MN Code of Ordinances application shall be also be accompanied by three copies of the following information, unless waived by the planning and zoning coordinator: (1) A current certificate of survey of the property. This survey shall be used as the base for all required plans. (2) A detailed site plan depicting the following: a. Site dimensions. b. Site conditions and existing development on the subject property and immediately adjacent properties. c. Proposed use of all areas of the site. d. Required and proposed setbacks. e. Location, setback, and dimensions of all proposed buildings and structures. f. Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question. g. Location, number, dimensions and setbacks of proposed parking spaces, drive aisles, and loading areas. h. All public streets, entrance and exit drives, and walkway locations. i. Location, access, and screening detail of proposed trash enclosures. j. Location of outdoor mechanical equipment and proposed screening. (3) Landscaping plan. (4) Tree preservation plan, including the location, type, and size of all existing trees six inches or more in diameter to be removed or preserved. (5) Grading and erosion control plan prepared and signed by a Minnesota licensed engineer. (6) Utility plans. (7) Application fee and escrow. (8) Any other information as may be required by the city, including but not limited to: a. Architectural elevations of all principal and accessory buildings (including type, color, and materials used on all exterior surfaces). b. "Typical" floor plan and "typical" room plan drawn to scale with a summary of square footage for each use or activity. c. Fire protection plan. d. Type, location and size (area and height) of all signs to be erected upon the property in question. e. Lighting plan. (Ord. No. 68 3rd series, § 11, 2-8-2010) https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE ARTIIADEN_DIV4SIPLRE_S78-142APRE 2/2 3/15/2017 Orono,MN Code of Ordinances Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line. (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.1) Retaining walls, subject to the following provisions: a. Retaining walls 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. b. Retaining walls which do not exceed two feet in height above existing ground level, which are located within the property and at least five feet from any property line, and for which the amount of imported fill associated with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. c. https://www.municode.com/library/mnforono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE_ARTXSURERE_DIV2YAOPSP 1/6 3/15/2017 Orono,MN Code of Ordinances Retaining walls exceeding two feet in height above existing ground level or 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 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. 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. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section, the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence.A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height.The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE ARTXSURERE_DIV2YAOPSP 2/6 3/15/2017 Orono,MN Code of Ordinances Drawing: Fence Height Measurement on Sloped Site "PTA C rrEt y� e• 1 FENc E. urEIGHT/11//////1r l a. Nonlakeshore lots. 1. https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS CH78ZORE ARTXSURERE_DIV2YAOPSP 3/6 3/15/2017 Orono,MN Code of Ordinances Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level . 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. 1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sight/ine obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. https://www.municode.com/library/mn/orono/codes/code of ordinances?nodeld=TITVIIAUS_CH78ZORE ARTXSURERE_DIV2YAOPSP 4/6 3/15/2017 Orono,MN Code of Ordinances Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legal nonconforming as to location, height, design or other characteristics may be replaced in kind. (9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with section 78-1467; e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. i. When a gate is proposed, the following requirements must be met: 1. The gate must open into the property not outward towards the right-of-way, and 2. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_C H78ZORE_ARTXSU R ER E_DIV2YAOPSP 5/6 3/15/2017 Orono,MN Code of Ordinances 3. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and 4. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met(if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and 5. Gates must maintain an opacity level of no greater than 25 percent, and 6. For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access, and 7. On major thoroughfares the monuments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. j. A building permit is required for installation. A survey must be submitted depicting where the monuments will be placed, and the property corner pins must be located for inspection purposes. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. (Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1-5, 11-26-2001; Ord. No. 12 3rd series, § 1, 5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008; Ord. No. 106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140 3rd series, § 1, 3-23-2015; Ord. No. 170 3rd series, §§ 3, 4, 6-13-2016) https://www.municode.com/library/mn/orono/codes/code of ordinances?nodeld=TITVILAUS_CH78ZORE_ARTXSURERE_DIV2YAOPSP 6/6 PC Exhibit A 17-3921 March 20, 2017 1 ORDINANCE NO. , THIRD SERIES .°,,,t /c f 2 3 CITY OF ORONO 4 HENNEPIN COUNTY, MINNESOTA 5 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES 7 PERTAINING TO ESCROW AGREEMENTS AND FINANCIAL GUARANTEES AS 8 PART OF BUILDING AND SITE PLANS 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 13 SECTION 1. Section 78-147 shall be amended by striking the text and leaving blank, as follows: 14 15 Sec. 78-147.- .[Purposely Left Blank] 16 - ' . . _ . . • -• • , . - - . • . .. . - . 17 guaranteeing completion of required site improvements. The amount of the security shall be 125 percent 18 of the estimated cost of the improvements other than the building. 19 SECTION 2. Section 86-68 shall be amended by adding text to read as follows: 20 21 Sec.86-68. -Permit application; information required. 22 23 (b) (3)As-built survey. An as-built survey, prepared by a Minnesota Registered Land Surveyor, 24 shall be submitted to the city for review and approval upon the completion of all principal buildings and 25 all additions to principal buildings, unless exempted by the building official. The as-built survey shall 26 certify the final topography of the site; verify drainage patterns; and provide hardcover calculations for 27 lots in the Shoreland Overlay District. An as-built survey must be approved before the issuance of a 28 certificate of occupancy. . •- - . . -- . . •- ... • -- . - •. . . 30 31 32 SECTION 3. Section 75-2 shall be amended by adding text to read as follows: 33 34 Sec. 75-2. -Reimbursement required. 35 Any owner that causes the city to incur costs on behalf of,or on account of,that owner, associated with 36 a proposed development, shall reimburse the city for the actual costs expended by the city on behalf of,or on 37 account of, said owner. An owner shall be responsible for reimbursing the city for all actual costs, whether 38 the proposed development is approved, denied,tabled or withdrawn by the owner. 39 40 SECTION 4. Section 75-10 shall be amended by adding and deleting text to read as follows: 41 Sec. 75-10. —Collection of Unpaid Service Charges/Costs Certification. 42 The council shall certify all unpaid costs to the county auditor, who shall enter them upon the tax records as- 43 a lien upon such land to be collected in which shall then be collected together with the property taxes levied 44 against the property. -- . •- - . . - . -. - . - . - . - _. - 45 46 SECTION 5. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage 47 and publication. 48 ADOPTED this day of ,2017 on a vote of ayes and_nays by the City 49 Council of Orono, Minnesota. 50 51 ATTEST: 52 53 54 55 Anna Carlson, City Clerk Dennis Walsh,Mayor 56 57 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 2 Item 14 To: Chair Thiesse and Planning Commission Members Doug Reeder, City Administrator yF c, r44-ESHOV-t From: Jeremy Barnhart, Community Development Director Date: March 20, 2017 Subject: #17-3921, City of Orono,Text Amendment: Escrow Agreements and financial guarantees Public Hearing Application Summary: The draft ordinance proposes changes to financial guarantees for site plans, and the escrow agreement requirement for as-built. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background Requirements related to the escrow and escrow agreement process was the 7th highest priority item in last fall's review of the ordinance list. The goal of this ordinance is to remove unnecessary government processes, and reducing barriers to commercial and industrial investment and reinvestment. Escrows are commonly required for projects to guarantee their completion, maintenance of erosion control measures, ensure the site is stabilized post construction,and consultant fees are paid. Authority to collect escrows is provided in sections 75 and 79 of the city code. When Orono requires an escrow,an escrow agreement is also required. The agreement stipulates what the escrow will be used for. While not unique to Orono, other cities handle this issue through a statement on their building permit/land use application. The escrow agreements requires the signature of the property owner;this adds a step to the review/completeness verification process. Section 2 of the ordinance mirrors changes proposed in case number 17-3920, it keeps the requirement that an as built is necessary prior to occupancy. City Code also requires provision of financial security equal to 125%of the cost of improvements for site plans (commercial and industrial projects). This unnecessary. It implies that the city would complete construction of a project. Section 1 strikes this section entirely. Public Comments To date, no public comments have been received. Issues for Consideration 1. Is the proposed ordinance appropriate given its goals? FILE#17-3921 March 20,2017 Page 2 of 2 2. Should additional changes be introduced? List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Chapters 75 and 79 Council Exhibit A 17-3921 1 ORDINANCE NO. ,THIRD SERIES March 20, 2017 2 3 CITY OF ORONO 4 HENNEPIN COUNTY, MINNESOTA 5 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES 7 PERTAINING TO ESCROW AGREEMENTS AND FINANCIAL GUARANTEES AS 8 PART OF BUILDING AND SITE PLANS 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 13 SECTION 1. Section 78-147 shall be amended by striking the text and leaving blank,as follows: 14 15 Sec. 78-147.- .[Purposely Left Blank] 16 .. -- . . -• .. ' .. . . 17 guaranteeing completion of required site improvements. The amount of the security shall be 125 percent 19 SECTION 2. Section 86-68 shall be amended by adding text to read as follows: 20 21 Sec. 86-68.-Permit application; information required. 22 23 (b) (3)As-built survey. An as-built survey,prepared by a Minnesota Registered Land Surveyor, 24 shall be submitted to the city for review and approval upon the completion of all principal buildings and 25 all additions to principal buildings,unless exempted by the building official. The as-built survey shall 26 certify the final topography of the site; verify drainage patterns; and provide hardcover calculations for 27 lots in the Shoreland Overlay District. An as-built survey must be approved before the issuance of a 28 certificate of occupancy. • .- . - .• - . . - -. • • . . -- -. . . 29 built survey at the time the certificate of occupancy is requested, applicant shall provide a sufficient 31 SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage 32 and publication. 33 ADOPTED this day of ,2017 on a vote of_ayes and nays by the City 34 Council of Orono,Minnesota. 35 36 ATTEST: 37 38 39 40 Anna Carlson, City Clerk Dennis Walsh,Mayor 41 42 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 1 3/16/2017 Orono,MN Code of Ordinances PC Exhibit B 17-3821 Chapter 75- REIMBURSEMENT OF DEVELOPMENT COSTS, ESCROWS[13 Footnotes: (1)--- Cross reference—Fees for zoning applications,§78-42;fees for subdivision applications,§82-47. Sec. 75-1. - Definitions. As used in this article: Costs means any time or expense incurred by the city for governmental services performed by the city planning director, city engineer and city attorney or any other regular staff or consultants. Development means any subdivision, planned unit development, rezoning, conditional use permit, variance,vacation, building permit, or site plan; or proposed subdivision, planned unit development, rezoning, conditional use permit, variance, vacation, building permit, or change in site plan; or any amendment to a previously approved subdivision, planned unit development, rezoning, conditional use permit, variance,vacation, building permit or site plan. Owner means any property owner, applicant, or duly authorized representative of a development. Improvements means all those public and private facilities to be constructed by the owner in support of the approved development, as established in the development agreement between the city and the owner, including but not limited to streets and roads, parking lots, sidewalks, trails, sewer and water facilties, storm water management facilities, site grading and restoration, erosion control, landscaping, etc. (Ord. No. 42 3rd series, § 1, 2-11-2008; Ord. No. 65 3rd series, § 1, 11-23-2009) Sec. 75-2. - Reimbursement required. Any owner that causes the city to incur costs on behalf of, or on account of, that owner, associated with a proposed development, shall reimburse the city for the actual costs expended by the city on behalf of, or on account of, said owner. (Ord. No. 42 3rd series, § 1, 2-11-2008) Sec. 75-3. -Application deposit required. At the time of application the owner shall deposit with the city in escrow an amount, as determined by the city administrator(or as directed in the city fee schedule), necessary to secure coverage of the total costs associated with review and approval of the proposed development. The owner will then be expected to maintain the escrow fund at a balance equal to the original amount deposited.Any escrow shall be held https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH75REDECOES 1/2 3/16/2017 Orono,MN Code of Ordinances in a special escrow account and shall be credited to the said owner. Expenditures to be secured by the aforesaid escrow account shall include but not be limited to staff time in excess of that covered by the standard application fees; engineering consultant and legal consultant expenses incurred by the City of Orono in development application review and approval; and all other city staff administrative and consultant services performed in the processing of said review and approval. (Ord. No. 42 3rd series, § 1, 2-11-2008) Sec. 75-4. - Construction deposit required. Prior to issuance of permits and prior to commencement of any site work the owner shall deposit with the city in escrow an amount, as determined by the city administrator(or as directed in the city fee schedule), necessary to secure coverage of the total costs associated with review and inspection of the construction of improvements associated with the approved development. The owner will then be expected to maintain the escrow fund at a balance equal to the original amount deposited.Any escrow shall be held in a special escrow account and shall be credited to the said owner. Expenditures to be secured by the aforesaid escrow account shall include but not be limited to staff time in excess of that covered by the standard application fees; engineering consultant and legal consultant expenses incurred by the City of Orono in review and inspection of the improvements; any office and field checking; when necessary, setting grade and drainage requirements; general supervision; staking; testing; installation; cost of traffic control and street signs; drafting as-built drawings; and all other city staff administrative and consultant services performed in relation to construction of the improvements. (Ord. No. 42 3rd series, § 1, 2-11-2008) https://www.municode.com/Iibrary/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH75REDECOES 2/2 3/16/2017 Orono,MN Code of Ordinances Sec. 79-1. - Intent. To promote the health, safety and general welfare of the citizens of Orono, Minnesota, by requiring stormwater management practices for construction activity. (Ord. No. 55 3rd series, § 1, 4-13-2009) Sec. 79-6. - Permit and SWPPP required. (a) Applicability. No owner shall conduct or allow land disturbing activities that meet any of the following criteria without a land disturbance permit and submitting a stormwater pollution prevention plan (SWPPP) pursuant to this chapter. (1) Land disturbance greater than or equal to one acre or which will be part of a larger common plan or development that will include land disturbing activities greater or equal to one acre. (2) Grading, excavation,fill, which is greater than or equal to ten cubic yards (CY)within the shore setback zone of any lake. (3) Grading, excavation, or fill which is greater than or equal to 25 CY. (b) [Approval.]No building permit, subdivision approval, or other permit that will result in land disturbing activities shall be issued until approval of the stormwater pollution prevention plan or a waiver of the approval requirement has been obtained in conformance with the provisions of this chapter. (c) Exemptions.The provisions of this chapter do not apply to: (1) A project for which a building permit was issued on or before April 13, 2009; or (2) Emergency work to protect life, limb or property; or (3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops. (Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010) Sec. 79-7. -Application procedures. (a) Permit application.To obtain a land disturbance permit, the owner shall first file an application on a form furnished by the city for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the purpose of the proposed work. (4) Be accompanied by a stormwater pollution prevention plan as required in section 79-9(c). (5) Be signed by the owner(s) or authorized agent. (6) Give such other data and information as may be required by the city. (b) Financial security. (1) https://www.municode.com/library/mn/orono/codes/codeof ordinances?nodeld=TITVILAUS_CH79COSIRUCO 1/5 3/16/2017 Orono,MN Code of Ordinances Security required.The owner shall provide the city with financial security to ensure the performance of the owner's obligations pursuant to this chapter. The financial security may be a letter of credit in a form acceptable to the city or cash. The financial security must be provided to the city before issuance of the permit. The city may use the financial security to assure that the work is completed in accordance with the stormwater pollution prevention plan and the provisions of this chapter. The financial security may also be used by the city to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work. Amount of security. The amount of security shall be 125 percent of the estimated cost to accomplish compliance with the approved stormwater pollution prevention plan. This shall be in addition to any other security performance required by any other regulations in this Code except that for a project consisting of one single-family dwelling, an addition to a single-family dwelling, or an accessory structure for a single-family dwelling the security may also be the construction deposit required by section 75-4. The estimated cost shall be subject to approval by the city engineer. (2) Reduction offi'nancialsecurity. If requested by the owner, the amount of the financial security may be reduced by the city subsequent to city inspection. Said reduction will be based upon the extent to which the grading and restoration have been completed and shall consider the continued need for erosion control. At no time prior to final stabilization, shall the security be reduced to less than ten percent of the total original security amount. (3) Release of security. Any remaining amount of the financial security deposited with the city for faithful performance of the plans and specifications and any related remedial work will be released after the completion and inspection of all such measures and the establishment of final stabilization, for the permitted site or common plan of development or sale. (4) City remedy. If compliance with the approved land disturbance permit is not accomplished within the allowable time period, the city may bring the project into compliance by use of the security. Costs in excess of the amount of the security may be assessed to the property as special assessments and shall be a perpetual lien against the property until paid. (5) Exemptions.The city shall be exempt from the requirements of this section. (c) Storm water pollution prevention p/an. Each application for a land disturbance permit shall be accompanied by two copies of a stormwater pollution prevention plan consisting of the following dependent upon the type and size of land disturbance activity conducted as described below: (1) For all individual residential lots or any commercial and industrial land which disturbs less than one acre and includes fill or excavation less than 100 cubic yards: a. Identification of proposed contour grading on the site at vertical intervals of not more than two feet; b. Drainage patterns clearly shown using arrows depicting direction of surface water flow; c. A map showing the stages or limits of grading together with the existing or proposed finished elevations; https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH79COSIRUCO 2/5 3/16/2017 Orono,MN Code of Ordinances d. Identification of proposed building bench elevations; e. Submission of preliminary plans or program for water supply, sewage disposal, drainage and flood control (if applicable); f. Soil borings, if required by the city engineer; g. Locations of any wetlands, lakes, streams, or other critical water resource areas; h. Appropriate best management practices set forth in this chapter; and i. Other information as required by the city based on specific project characteristics. (2) For all other sites unless exempt under section 79-6(c) or any site if determined appropriate by the city engineer due to potential impacts to wetlands, lakes, or sensitive receiving waters. a. Grading plan.A grading plan shall be provided that clearly indicates the proposed land disturbance activities. Both existing and proposed topography shall be shown and have a maximum contour interval of two feet. Drainage patterns shall be clearly shown using arrows depicting direction of flow. Other information shall be shown as required by the city based on specific project characteristics. b. Phasing plan.A phasing plan shall be provided that clearly indicates the areas in the order they are to be disturbed and restored. The phasing plan shall consider minimization of area and duration of exposed soil and unstable conditions, minimization of the disturbance of natural soil cover and vegetation, erosion and sediment control measure installation, weather conditions and the schedule for temporary and permanent restoration.The area and duration of each phase shall be indicated on the plan. c. Pond detail sheet A pond detail sheet shall be provided for each proposed stormwater pond that shows detailed pond design including normal water level, high water level, aquatic bench, maintenance bench, outlet structures, emergency overflow locations and other project specific data required by the city. d. Standard detail sheet.A standard detail sheet shall be provided that consists of applicable construction details for approved erosion and sediment control measures as developed by the city. Other techniques may be used upon prior approval by the city with details provided by the designer. e. Specifications. Written specifications for land disturbance activities such as product descriptions, installation and maintenance procedures required by the owner to carry out the project in accordance with this chapter. f. Storm water pollution prevention p/an as required under the NPDES stormwater permit issued by the MPCA. The stormwater pollution prevention plan shall consist of three components: 1. Temporary erosion and sediment control plan:Indicate the location of perimeter controls, construction fence, temporary sedimentation basins, inlet protection, areas to be seeded, areas to be mulched or blanketed, location of construction waste control (dumpsters, https://www.municode.com/library/mNorono/codes/code of ordinances?nodeld=TITVILAUS_CH79COSIRUCO 3/5 3/16/2017 Orono,MN Code of Ordinances chemical storage, concrete washout, portable restroom facilities, etc.) and all other required temporary erosion and sediment control measures as described in section 79-9. This plan shall also indicate staging of temporary erosion control measures. 2. Permanent erosion and sediment control plan:Indicates areas to be seeded and sodded, sediment ponds, storm sewer systems and all other required permanent erosion and sediment control measures. Permanent stormwater pollution controls including, but not limited to ponds, vegetated buffers and structural measures shall be designed and constructed in accordance with other chapters of the City Code and requirements of other agencies having jurisdiction. 3. Narrative:Describes, at a minimum, the nature of construction activity, person(s) responsible for inspection and maintenance of site erosion and sediment control including contact information, project phasing, schedules, along with the timing, installation and maintenance of erosion and sediment control measures and specifications necessary to carry out the project. g. NPDES permit documentation:If a national pollution discharge elimination system (NPDES) general stormwater permit from the Minnesota Pollution Control Agency(MPCA) is required the owner shall submit to the city a copy of the MPCA Certificate of Permit Coverage. (Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010) Sec. 79-10. - Completion of work. Work will be considered complete when all exposed soil areas have undergone final stabilization, as defined in section 79-5, is constructed to finish grade, and is in conformance with all permit conditions of approval to the satisfaction of the city. The owner shall notify the city when the land disturbing operations are ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion control measures, have been completed and final stabilization has occurred in accordance with this chapter. (Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010) Sec. 79-11. - Emergency corrective action. In the event circumstances exist such that noncompliance poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency corrective action to prevent any such danger. The city shall make a reasonable effort to contact and direct the owner to take any necessary action. Any costs incurred by the city in connection with any emergency action may be recovered from the owner's financial security. (Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010) https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH79COSIRUCO 4/5 3/16/2017 Orono,MN Code of Ordinances Sec. 79-12. - Penalties. When an owner fails to conform to any provision of this chapter, the city may take the following actions: (1) Issue a stop work order. (2) Withhold the scheduling of building inspections. (3) Withhold the issuance of a certificate of occupancy. (4) Revoke any permit issued by the city for the site in question. (5) Direct the correction of the deficiency by city employees or assigns. All costs incurred by the city in correcting erosion and sediment control deficiencies must be reimbursed by the owner. (6) Action against the financial security. If appropriate actions by the owner have not been completed within seven days after notification by the city, the city may act against the financial security if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time, consultant's time, and attorney's fees. a. The owner ceases land disturbing activities and/or filling and abandons the work site prior to completion of the city approved grading plan. b. The owner fails to conform to any city approved grading plan and/or stormwater pollution prevention plan as approved by the city, or related supplementary instructions. c. The techniques utilized under the stormwater pollution prevention plan fail within one year of installation. d. The owner fails to reimburse the city for corrective action taken under section 79-12(5). e. Emergency action as described in section 79-11. (7) An owner failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and subject to a fine or imprisonment or both. If more than one person is an owner, each person is responsible for compliance with these regulations. Each day that a separate violation exists constitute a separate offense. (Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010) https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS CH79COSIRUCO 5/5 Item 15*to, To: Chair Thiesse and Planning Commission Members Doug Reeder, City Administrator 1 �kEs}-10 From: Jeremy Barnhart, Community Development Director Date: March 20,2017 Subject: #17-3923, City of Orono,Text Amendment:Subdivision Exemptions Public Hearing Application Summary: The draft ordinance removes the requirement that both lots of a lot line adjustment meet the width, area requirements. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background In 2016,the city Council adopted an ordinance that allowed for certain land activities to be exempted from the city's subdivision ordinance, consistent with state statute. One deviation from state statute (462.352 Subd. 12, attached as Exhibit C)the city made was the requirement the two adjusted lots meet the requirements of the zoning code. In areas where the lot is already non-conforming due to size, a variance would be necessary even to increase the lot area. The ordinance would allow a boundary line adjustment for one or two lots that don't meet the minimum lot size or width requirement. It does not grant authority for staff to create a new non-conformity,for instance moving a lot line creating a substandard setback. In those situations,a variances would be required. Public Comments To date, no public comments have been received. Issues for Consideration 1. Is the proposed ordinance appropriate given its goals? 2. Should additional changes be introduced? List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Existing& Proposed Survey/Site Plan Exhibit C. Minnesota Statutes 462.352 PC Exhibit A 17-3923 March 20, 2017 By ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO SUBDIVISION EXCEPTIONS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 82-200 Exception shall be amended to read as follows: Sec. 82-200. - Exception. (a)The following land subdivisions are excepted from divisions 1 through 4 of this article. Upon request, the community development director shall, within ten days, certify that a proposed subdivision is excepted because the following are excepted from Chapter 82 of the City Code: (1)All the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses, or (2)Will create cemetery lots, or (3) Is court ordered, or (4) Is an adjustment of a lot line by the relocation of a common boundary as long as each of the two resulting lots meets the requirements of h ptcr 78 and no new non-conformities are created. resulting lots do not meet the requirements, or other non conformities are created may 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 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 3/15/2017 Orono,MN Code of Ordinances PC Exhibit B ' 17-3923 DIVISION 5. - EXCEPTION Sec. 82-200. - Exception. (a) The following land subdivisions are excepted from divisions 1 through 4 of this article. Upon request, the community development director shall, within ten days, certify that a proposed subdivision is excepted because: (1) All the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses, or (2) Will create cemetery lots, or (3) Is court ordered, or (4) Is an adjustment of a lot line by the relocation of a common boundary as long as each of the two resulting lots meets the requirements of chapter 78 and no new non-conformities are created. a. Adjustment of a lot line by the relocation of a common boundary when one or both resulting lots do not meet the requirements, or other non-conformities are created may be certified following approval of a variance. (b) Procedure for exempted subdivisions. The owners of such lots to be certified shall file with the zoning administrator a certificate of survey of the lots to be divided, and pay the required fee. Such certificate of survey shall show the dimensions of the lots, as measured upon the recorded plan, the area of the lots, all corner elevations, all existing structures, including dimensions to existing and proposed property lines, all visible encroachments, all easements of record, and their proposed division. A written description of the separately described tracts which will result from the proposed division shall be included on the survey. If the proposed certification complies with all of the requirements of this section, it will be approved by the community development director and forwarded to the county for filing. (Ord. No. 171 3rd series, § 1, 6-13-2016) https://www.municode.com/library/mn/orono/codes/code_of_ordinances?nodeld=TITVILAUS_CH82SURE ARTIIIPLAPPR_DIV5EX_S82-200EX 1/1 PC Exhibit C 17-3923 l MINNESOTA STATUTES 2016 462.352 462.352 DEFINITIONS. Subdivision 1. Application. For the purposes of sections 462.351 to 462.364 the terms defined in this section have the meanings given them. Subd. 2. Municipality. "Municipality" means any city, including a city operating under a home rule charter, and any town. Subd.3.Planning agency."Planning agency"means the planning commission or the planning department of a municipality. Subd.4. [Repealed, 1980 c 566 s 35] Subd. 5. Comprehensive municipal plan. "Comprehensive municipal plan" means a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, including proposed densities for development, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the planning agency's recommendations for the future development of the community. Subd. 6. Land use plan. "Land use plan" means a compilation of policy statements, goals, standards, and maps,and action programs for guiding the future development of private and public property.The term includes a plan designating types of uses for the entire municipality as well as a specialized plan showing specific areas or specific types of land uses,such as residential,commercial,industrial,public or semipublic uses or any combination of such uses. A land use plan may also include the proposed densities for development. Subd. 7. Transportation plan. "Transportation plan"means a compilation of policy statements,goals, standards,maps and action programs for guiding the future development of the various modes of transportation of the municipality and its environs,such as streets and highways,mass transit,railroads,air transportation, trucking and water transportation, and includes a major thoroughfare plan. Subd. 8. Community facilities plan. "Community facilities plan" means a compilation of policy statements,goals,standards,maps and action programs for guiding the future development of the public or semipublic facilities of the municipality such as recreational,educational and cultural facilities. Subd.9.Capital improvement program. "Capital improvement program"means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year,together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the municipality,and such other information on capital improvements as may be pertinent. Subd. 10.Official map."Official map"means a map adopted in accordance with section 462.359,which may show existing and proposed future streets,roads,highways,and airports of the municipality and county, the area needed for widening of existing streets, roads, and highways of the municipality and county, and existing and future county state aid highways and state trunk highway rights-of-way. An official map may also show the location of existing and future public land and facilities within the municipality. In counties in the metropolitan area as defined in section 473.121, official maps may for a period of up to five years designate the boundaries of areas reserved for purposes of soil conservation, water supply conservation, flood control, and surface water drainage and removal, including appropriate regulations protecting those areas against encroachment by buildings or other physical structures or facilities. Copyright©2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 462.352 MINNESOTA STATUTES 2016 2 Subd. 11.Governing body."Governing body"in the case of cities means the council by whatever name known, and in the case of a town,means the town board. Subd. 12. Subdivision. "Subdivision" means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1)where all the resulting parcels,tracts, lots,or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2)creating cemetery lots; (3)resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. Subd. 13.Plat. "Plat"means the drawing or map of a subdivision prepared for filing of record pursuant to chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to section 462.358 and chapter 505. Subd. 14. Subdivision regulation. "Subdivision regulation" means an ordinance adopted pursuant to section 462.358 regulating the subdivision of land. Subd. 15. Official controls. "Official controls" or"controls" means ordinances and regulations which control the physical development of a city, county or town or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Subd. 16.Preliminary approval."Preliminary approval"means official action taken by a municipality on an application to create a subdivision which establishes the rights and obligations set forth in section 462.358 and the applicable subdivision regulation.In accordance with section 462.358,and unless otherwise specified in the applicable subdivision regulation,preliminary approval may be granted only following the review and approval of a preliminary plat or other map or drawing establishing without limitation the number, layout, and location of lots,tracts, blocks, and parcels to be created, location of streets, roads, utilities and facilities,park and drainage facilities, and lands to be dedicated for public use. Subd. 17. [Repealed,2001 c 7 s 91] Subd. 18. Urban growth area. "Urban growth area" means the identified area around an urban area within which there is a sufficient supply of developable land for at least a prospective 20-year period,based on demographic forecasts and the time reasonably required to effectively provide municipal services to the identified area. History: 1965 c 670 s 2; 1973 c 123 art 5 s 7; 1974 c 317 s 2; 1980 c 509 s 153; 1980 c 566 s 19-23; 1982 c 507 s 21; 1982 c 520 s 3; 1985 c 194 s 17-22; 1989 c 209 art 2 s 1; 1997 c 202 art 4 s 7-9; 2001 c 7 s 69-73; 2005 c 41 s 16 Copyright©2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Item 16 fitofiV14 To: Chair Thiesse and Planning Commission Members Doug Reeder, City Administrator l'kF5HOl-f" From: Jeremy Barnhart, Community Development Director Date: March 20, 2017 Subject: #17-3924, City of Orono,Text Amendment: Petition to repeal CUP Public Hearing Application Summary: The draft ordinance removes the ability for a group of residents to petition the Council to review a lawfully conducted Conditional Use Permit. This authority does not exist in the state statute. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background The City Code includes a provision that "upon petition of 75 percent or more of the adjacent property owners (defined here as those whose property lies within 1,000 feet of the property subject to the conditional use permit),the council shall hold a public hearing on the continuation of the permit.The council shall determine, after such public hearing,whether the continuation of the conditional use in question is consistent with the health,safety and general welfare of the residents of the city. The council may, after such petition and hearing, continue the conditional use permit unchanged; approve a new permit with such additional conditions as may be necessary to protect health, safety or general welfare;or terminate the existing conditional use permit." There is no authority for the City Council to alter a conforming permit unless requested by the applicant. The right to petition gives neighbors a false sense of authority, and should be removed, at the recommendation of the City Attorney. Public Comments To date, no public comments have been received. Issues for Consideration 1. Is the proposed ordinance appropriate given its goals? 2. Should additional changes be introduced? List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Existing Ordinance Exhibit C. State Statute 462.3595 FILE#17-3921 \ March 20,2017 Page 2 of 2 PC Exhibit A 17-3924 March 20, 2016 ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO THE REVIEW OF CONDITIONAL USE PERMITS UPON NEIGHBORS PETITION THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-921 shall be amended by striking text to read as follows: Sec. 78-921.—Conditional Use Permit Review . The City hereby reserves the right to inspect the premises where a Conditional Use permit has been issued, after receiving permission from the property owner or receiving the appropriate court order, to ensure compliance with the provisions of this Ordinance or and conditions imposed. . . _ ._ -- -- - - .. - -• • - - - - . . .. _ of change or revocation unless such a review is one of the conditions of the original permit or unless the actual land use is determined to be in violation of the terms of the permit.however, upon petition of 75 percent or more of the adjacent property owners (defined here as those whose property lies within 1,000 feet of the property subject to the conditional use permit), the council shall hold a public hearing on the continuation of the permit. The council shall determine, after such public hearing, whether the continuation of the conditional use in question is consistent with the health, safety and general welfare of the residents of the city. The council relocate in a zone where such use is permitted. 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 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 3/14/2017 Orono,MN Code of Ordinances PC Exhibit B ARTICLE V. - CONDITIONAL USES 17-3924 DIVISION 1. - GENERALLY Secs. 78-886-78-910. - Reserved. DIVISION 2. - PERMIT[161 Footnotes: (16)--- State Law reference—Conditional use permits,Minn.Stat.§462.3595. Sec. 78-911. - Purpose. In order to give the district use regulation the flexibility necessary to achieve the objectives of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of this chapter and the comprehensive municipal plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits. (Code 1984, § 10.09(1)) Sec. 78-912. - Reference to planning commission. Before the council may grant conditional use permits for such conditional uses as prescribed in the district regulations of this chapter, the request shall be referred to the planning commission for study concerning the effect of the proposed use on the ordinance and on the character and development of the neighborhood and for recommendation in regard to granting such conditional use and its conditions, if any, or for the denial of such conditional use. The council may by unanimous action waive reference to the planning commission. (Code 1984, § 10.09(2)) https://www.municode.com/library/mrIorono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE ARTVCOUS 1/9 3/14/2017 Orono,MN Code of Ordinances Sec. 78-913. -Application. Whenever this chapter requires a conditional use permit, an application in writing may be filed with the zoning administrator, together with such filing fee as may be established by the council and shall be accompanied by a site plan and such information and showing as may be necessary or desirable, including but not limited to the following: (1) Site plan drawn at scale dimensions with setbacks noted. (2) Location of all buildings, heights and square footage. (3) Curb cuts, driveways, parking spaces. (4) Off-street loading areas. (5) Drainage plan. (6) Type of business, proposed number of employees by shift. (7) Proposed floor plan with use indicated and building elevations. (8) Sanitary sewer and water plan with estimated use per day. (9) A lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance light. (10) A landscape plan with a schedule of the plantings. (11) An abstractor's certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. (Code 1984, § 10.09(3)) Sec. 78-914. - Failure of planning commission to act. If no recommendation is transmitted by the planning commission within 60 days after referral of the application for conditional use to the commission, the council may take action without further awaiting such recommendation. (Code 1984, § 10.09(4)) Sec. 78-915. - Hearings and notice. The planning commission or council may hold a public hearing on each application for a conditional use permit. Notice of the public hearing shall be given not less than ten days or more than 30 days prior to the date of the hearing by publication in the official newspaper for the city. Such notice shall contain the description of the land and the proposed conditional use and the time and place of the hearing. At least ten days before the hearing, the city clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the outside boundaries of the land in question. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the https://www.municode.com/library/mn/orono/codes/code of ordinances?nodeld=TITVILAUS_CH78ZORE_ARTVCOUS 2/9 3/14/2017 Orono,MN Code of Ordinances names and addresses of owners.A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. At the public hearing the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Any party may appear at the hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the council, the planning commission or the council may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The city shall provide for a record of the proceedings, which shall include the minutes of the meetings, the findings, and the action taken on each matter heard, including the final action. (Code 1984, § 10.09(5)) State Law reference— Conditional use permit hearings, Minn. Stat. § 462.3595, subd. 2. Sec. 78-916. - Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit 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; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE ARTVCOUS 3/9 3/14/2017 Orono,MN Code of Ordinances (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of- way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit 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. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. (Code 1984, § 10.09(6); Ord. No. 77 3rd series, § 1, 7-12-2010) Sec. 78-917. - Denial of permit. The council shall set forth contemporaneously in writing and in detail all the reasons for the denial of the conditional use permit application. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the planning commission. (Code 1984, § 10.09(7)) Sec. 78-918. - Lapse of permit. A conditional use permit shall lapse one year following the date on which it became effective unless prior to that time a building permit is issued by the building inspector and construction is commenced and pursued toward completion on the site which was the subject of the conditional use permit application. A conditional use permit may be renewed for an additional period of one year provided the request is filed prior to the expiration of one year from the date when the use permit is filed with the zoning administrator. The council may grant or deny an application for renewal of a conditional use permit. In no case shall more than three, one year extensions be granted. (Code 1984, § 10.09(8); Ord. No. 153 3rd series, § 4, 8-10-2015) Sec. 78-919. - Lapse of use. https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE_ARTVCOUS 4/9 3/14/2017 Orono,MN Code of Ordinances Should a conditional use permit lapse or cease for a period of six months, future use shall be in conformance with the terms of this chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of war. (Code 1984, § 10.09(9)) State Law reference— Conditional use permit duration, Minn. Stat. § 462.3595, subd. 3. Sec. 78-920. - Conditional use permits for nonconforming uses. All nonconforming uses actually and legally existing on December 1, 1974, shall be issued a conditional use permit upon application not later than January 1, 1976. Such conditional use permit shall allow the continuation of the nonconforming use to the same extent and degree as then existing on December 1, 1974. Such permits shall be granted without application fee, and the council shall be limited in such permits to the full and accurate statements of the conditions pertaining to the existing uses. Such permits shall not be subject to periodic review. (Code 1984, § 10.09(10)) Sec. 78-921. - Review upon neighbors' petition. Conditional use permits shall not be subject to periodic council review for the purpose of change or revocation unless such a review is one of the conditions of the original permit or unless the actual land use is determined to be in violation of the terms of the permit; however, upon petition of 75 percent or more of the adjacent property owners (defined here as those whose property lies within 1,000 feet of the property subject to the conditional use permit), the council shall hold a public hearing on the continuation of the permit. The council shall determine, after such public hearing, whether the continuation of the conditional use in question is consistent with the health, safety and general welfare of the residents of the city. The council may, after such petition and hearing, continue the conditional use permit unchanged; approve a new permit with such additional conditions as may be necessary to protect health, safety or general welfare; or terminate the existing conditional use permit. Upon termination of a conditional use permit, the council may allow the former conditional use permit to continue for such period not in excess of one year as may be required to provide time to move or otherwise relocate in a zone where such use is permitted. (Code 1984, § 10.09(11)) Sec. 78-922. - Unlawful act. It is unlawful to violate any condition of a conditional use permit. (Code 1984, § 10.09(12)) https://www.municode.com/library/mn/orono/codes/code of ordinances?nodeld=TITVIIAUS_CH78ZORE ARTVCOUS 5/9 3/14/2017 Orono,MN Code of Ordinances Secs. 78-923-78-945. - Reserved. DIVISION 3. - REQUIREMENTS FOR SPECIFIC USES Subdivision I. - In General Sec. 78-946. - Conditional use permit for essential services. A conditional use permit is required for all structures, including utility poles and 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 council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. (Code 1984, § 10.03(17); Ord. No. 161 2nd series, § 2, 6-7-1997) Sec. 78-947. - Mining. The commercial extraction of sand, gravel or other material from the land and their removal from the site without processing shall be mining. In all districts,the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition, a plan for a finished grade which will not adversely affect the surrounding land or development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration. (Code 1984, § 10.03(25)) Sec. 78-948. - Soil processing. The operation of processing of sand, gravel or other material mined from the land shall be permitted only by conditional use permit. Such conditional use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation; and such permit shall not be granted for a period of longer than 12 months. (Code 1984, § 10.03(26)) Sec. 78-949. - Commercial recreation. https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE_ARTVCOUS 6/9 3/14/2017 Orono,MN Code of Ordinances A conditional use permit is required for commercial recreation uses. The council shall grant a conditional use permit only after the applicant demonstrates that public safety, health and welfare will not be negatively affected by the use, in particular the use will not create traffic congestion, interfere with the operation of adjacent uses, and create an unreasonable demand for public safety services. If a commercial use is part of a multi-tenant building, any exterior alteration shall be compatible with the architectural style of the building. Such conditional use permit may include conditions to mitigate potential adverse effects on adjacent uses including but not limited to restricting the hours of operation and total floor area of the use. (Ord. No. 47 3rd series, § 4, 7-28-2008) Secs. 78-950-78-965. - Reserved. Subdivision II. - Land Alteration Sec. 78-966. - Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. (Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1, 12-8-1997) Sec. 78-967. - Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (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. https://www.municode.com/library/mn/orono/codes/code_of ordinances?nodeld=TITVILAUS_CH78ZORE_ARTVCOUS 7/9 3/14/2017 Orono,MN Code of Ordinances (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (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. (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. (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § 1, 4-4-1998; Ord. No. 133 3rd series, § 1, 1-26-2015) Sec. 78-968. - Permit. An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other competent person showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, filled or graded, and such other information as the council may require. Applications shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant. (Code 1984, § 10.03(20)) 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. Any unusual riprap shall be referred by the city engineer to the planning commission and the council for action in accordance with this chapter. https://www.municode.com/library/mn/orono/codes/code of ordinances?nodeld=TITVILAUS_CH78ZORE ARTVCOUS 8/9 3/14/2017 Orono,MN Code of Ordinances (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 shall be filed with the city administrator and shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city. (Code 1984, § 10.03(22)—(24)) Secs. 78-970-78-1000. - Reserved. https://www.municode.com/library/mnlorono/codes/codeof ordinances?nodeld=TITVILAUS_CH78ZORE ARTVCOUS 9/9 f • PC Exhibit C 17-3924 1 MINNESOTA STATUTES 2016 462.3595 462.3595 CONDITIONAL USE PERMITS. Subdivision 1.Authority.The governing body may by ordinance designate certain types of developments, including planned unit developments, and certain land development activities as conditional uses under zoning regulations. Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable,requirements specific to each designated conditional use. Subd. 2. Public hearings. Public hearings on the granting of conditional use permits shall be held in the manner provided in section 462.357, subdivision 3. Subd.3.Duration.A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of conditional uses. Subd. 4. Recording of permit. A certified copy of any conditional use permit shall be recorded with the county recorder or registrar of titles of the county or counties in which the municipality is located for record. The conditional use permit shall include the legal description of the property included. History: 1982 c 507 s 25; 2005 c 4 s 110 Copyright©2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. • Item 17 To: Chair Thiesse and Planning Commission Members Doug Reeder, City Administrator ''EsHO From: Jeremy Barnhart,Community Development Director Date: March 20, 2017 Subject: #17-3926, City of Orono,Text Amendment: Exemption for Government signs Public Hearing Application Summary: The draft ordinance exempts the placement of signs placed by governments, usually in the rights of way but also on their own property. The ordinance in general codifies current practice. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background Strict reading of the sign code does not regulate traffic control and public message signs, therefore,they are not permitted. The draft ordinance exempts from the regulations of the sign code the following:traffic control signs, identification signs placed by a public authority,and signs placed by the city, county, state, or US government. This request was initiated by Hennepin County,through their Sheriff's Department;they desire to place electronic public service signs on bridges to serve boat traffic. Hennepin County currently places electronic public service signs on area highways for emergencies and public service initiatives including buckle up messages, and Highway 12 safety. Public Comments To date,one letter of support has been received,from the Lake Minnetonka Conservation District. Issues for Consideration 1. Is the proposed ordinance appropriate given its goals? 2. Should additional changes be introduced? List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Public Comment PC Exhibit A 17-3926 March 20, 2017 ORDINANCE NO._, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PROVIDING AN EXEMPTION FOR GOVERNMENT SIGNS IN THE RIGHT OF WAY THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1466 shall be amended by adding text to read as follows: (12) This Division shall not apply to Public signs. Public signs, for the purposes of this section shall mean any sign defined as a traffic control sign in the Highway Traffic Regulation Act M.S.A. 169.97 et seq., any identification sign installed in a public park by a public authority, or any other informational, identification, regulatory, or warning sign placed by the United States, State, County, or city,placed within their right of way. 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 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. 1 'f /7-Pak C _ DEDICATF7)T!1 P►nAl./r.SAFFTY RICHARD W. STANEK , �� H.EmvEPIN Cou vrr SHERIFF February 23,2017 Jeremy Barnhart City of Orono Community Development Director 2750 Kelley Parkway Orono, MN 55356 Dear Jeremy: I write you today regarding the Hennepin County Sheriff's Office's desire to place electronic messaging signs on the Arcola and Narrows Bridges. The purpose of these electronic signs is to promote boat and water safety,to assist in getting the massage of Aquatic Invasive Species(AIS)out to boaters,and to alert boaters to severe weather, which can move in rapidly during the summer months. The Hennepin County Sheriffs Office believes broadcasting messages on a range of safety topics, like: wearing personal flotation devices;warning about quiet water restrictions; alcohol consumption; and MS will significantly benefit those boating on Lake Minnetonka. As I understand,this will require the City of Orono to draft a local ordinance exempting public safety agencies from placing electronic signs on county ROW's. In accordance with that understanding, I formally request that staff at the City of Orono draft and propose this new ordinance to the City Council for discussion and adoption. The points of contact going forward on this matter for the Hennepin County Sheriff's Office will be Lt. Kent Vnuk(Water Patrol)and Deputy Shane Myre(Intergovernmental Relations). Lt Vnuk can be reached at 612.596.9816 or kent.vnuk@hennepin.us, and Deputy Myre can be reached at 612.543.0694 or shane.myre@hennepin.us Sincerely, cat Major Jeff Storms Hennepin County Sheriffs Office 1\O(IM 1),I ouvTliotr,r _{iO tii)ITTll —aft'+1)It"i MlNNLAPOLIS, MN 5)41; W4vW IfINAFPIKSffr flrcf.Ont. +.F a- 4S P40 M"NNET {i 4-� 01, LAKE MINNETONKA CONSERVATION DISTRICT _ ) 5341 MAYWOOD ROAD.SUITE 200•MOUND,MINNESOTA 55354•TELEPHONE 9521745-0789•FAX 952/745-9085 010March 9,201? "a:CVtU MAR 13 2017 Mr. Doug Reeder CM OF ORONO Interim City Administrator City of Orono Post Office Box 66 Orono, MN 55323 Re: Support for Hennepin County Sheriff's Office to Place Additional Electronic Signage on the Lake Dear Mr. Reeder: The Lake Minnetonka Conservation District("LMCD")Board of Directors("Board")received an update from the Hennepin County Sheriff's Office at its February 22,2017 work session and formal meeting regarding the various activities of the Office to keep those who use the Lake safe and to enforce the laws. Included in the presentation was a discussion of the Sherrill s efforts to place additional electronic signage on the Lake to provide safety related messages to those on the water. Sherriff Stanek was in attendance and encouraged the Board to consider acting to support the effort with the LMCD member cities. In response to the request,the Board acted to adopt the following motion at its regular meeting: "For the LMCD to endorse the Sheriff's electronic sign project and to encourage the cities on the lake to support this important safety project." This letter is being sent in furtherance of the motion to encourage your city to support the Sheriff's efforts in this regard. Thank you for your consideration. Sincerely, Jam Jay een Board Chair Cc: Vickie Schleuning, LMCD Executive Director www.lmcd.org n Imcd©Imcd.org To preserve and enhance the"Lake Minnetonka experience"