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HomeMy WebLinkAbout04-17-2017 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE 41 t ( 17 01,6 17 0 COUNCIL PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records: PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER f Z7"?Z 1,1,/ �( 1 � 1. 1�Q.'j,�l/ Fa167,,,, I,-t�� te•1/r � p i, i- 1 2. �a 0.„ Eit _.....6{..._., ,-t,,-yam, S 3. /`' K - \-- ` So c���� I`Th " Z i _j . . z 7vv LD/✓ i i 'J 4. �-�R��ix�-�r-�� cz ,� �� I I A PO LliA L t b q4 I i U I Gvr'-)- -tf t.4t{F 12-J ----- 6. .. ,Ai(y L �e (i `— 7. //[4:ti-X2___ %CL Q' ' .AS-, ? (CACO- pl-k--ci j r ic 9. V:„.0,, I 4, a,t,tC6-\ 1 10. o_- I. " ` 11 s 11. 171/1"/ _ A Vt WJ ' M2mt',Qf' I 12. oo(af tV VIs\--e, (.07S2 uu auso GA-N io 8 v)e..* N y irL-tinn� 13. A 0006- 7s-0 (.,-)it).,w U 1 Di rr i/ 14. T-e,rA WIi - . 3"l o0Ivy P'au_ f 15. t ,h.W is VAA---ti.l..A.L.4, `d% reiti/4.0"ir-te 7101 V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC ,hi��_�= 1 CAGENDA ■(^ Kanna ,i__--- -11 City of Orono Planning Commission Meeting for �Ot�0 >�te �) � April 17, 2017; 6:30 PM 11•1111111111. n.ni�i1.11.rii•ie.rl.11!! n.111.11.x.u.u.1'i II.Is.Ir■lI.II.rIuu .I.ai.II.II.II.u.II_II.II.u.II.Ii.11 n.il.ii.i1 11 i1 11.ii. Orono Council Chambers, 2780 Kelley Parkway, l Orono, MN 55356 t �`� 952-249-4600/www.ci.orono.mn.us kESHO0 1111-411111 . `1. _ Council Representative: Victoria Seals Legend Lake ( __. - 1 -3838. �/ New Business Roads L 1. Approval of Planning - U.S Trunk Highway �� ,— ; I c Minnesota Trunk Highway _ ,.■rir , Lake Commission Meeting Minutes #17- 1 = #17-3810 = _■ S',, '4,, j soli = County Highway I J� �L 'taw ��/. - 1 of March 20, 2017. E �. - 12 ° emu %L�� • .-f_.----- 1 2. 16-3883 Kevin Anderson, — Local Roads � ' 800 North Arm Drive, - Private streets Q_ 1113fi'r �� ) �r� 401 Preliminary PlatRailroad L (Staff: Mike Gaffron) �1f City Limits JJ ; yr - L11 -3832 3. 17-3911 Lake West Development LLC II ,I - Q .rr� 3245 Wayzata Blvd W, Zoning Code Text _ 1 rimmo. Amendment iriai.o - _ , _ (Staff: Mike Gaffron) �� 4. 17-3910 Lake West Development LLC J - 3245 Wayzata Blvd W, c Y • -�� Conditional Use Permit ,� '` s• --- i 7 �tnn �, (Staff: Mike Gaffron) " uI IE1 5. 17-3918 Rehkamp Larson on behalf of `-, : ' i Bill Toles, 16-3883 -./ _ 8 i� -- ----. 1095 Ferndale Road West, #17-382 �„r,, \ ( �� ; i Variances and Conditional --*--,\ , Use Permits -_,--, , ., t} 1 BaY �.,, .:.� - A French \ . I (Staff: Melanie Curtis) {- r F,...._. k -~ ; `! I j 6. 17-3927 Nathan & Beth Brandenburg, �- -y 4 i___:, liest J - 1 C t , ► , f825 Forest Arms Lane, x' r os �.. -111111116, 1 Lake1 �. - - .11 Variance r Y i p, /" Ir h► ` I (Staff Melanie Curtis) �� `� ' ,, ''t 7. 17-3928 Michael Hart, -A:\ �. b+„4� �`>> ``- t - s th \ Brackens ! 2510 Casco Point Road, I �� ��`+;� ; I--- ,. - Conditional Use Permit 1/G1`!�,�. (" �� wig ; -__ .i* 444 ! (Staff: Melanie Curtis) 1:1o, , •,t //'�� ` 'Vs, r' ! 8. 17-3929 Keenan & Sveiven on behalf 1� 1 Bay �' , r ! of Antionette Beenders, 1) f 1 --`,a, .! I /, ! .tea t -�.y" ItPS�,.� MiLake nnetonka 1669 North Farm Road, �. l� _ �' ,u i` e i Variance 'n 'BlY ; �" _ " "'� � •�I' j (Staff: Melanie Curtis) 3�� ► �'�n.rr.ri.ir.irrr► :- � � �►, 9. 17-3931 Lake West Development, ' P'1 "'LI r-i. 1k — r---,-------- - �� - ,��` P rt +� �- __"� __'� Ai_.. 00! `,, ! LLC on behalf of ` It � �, t pt r -� �� rr.u.r �� �I Rick & Barbara Lupient, I PIDs 20-117-23-42- / _''s`.. fi� �v y .4 / •• 00110002/0003 (Lots 1, 2 & s i (%;4 3 Casco Point Addition), p • I •` Sketch Plan -S (• 5 r • �Jp • ��- (Staff: Mike Gaffron) Cook's I _ (� ti I 10. 17-3932 Gordon James Construction t� 1V 1, `^'y .J�' ♦ j,�—/ ""—'_ ! :allY r- 'o / ray �1,T-3831 �, '1 '�` J � (� on behalf of YMCA of the 04-17-2017a �, _ ' _ iy -- figivi �, Greater Twin Cities, PC Mt © `r�� litsgs ` Irrir1�umussunaum r" L--� 135 Orono Orchard Road, g - � � ��� —�, 0° �� ; ( 4� Sketch Plan (Mike Gaffron) Disclaimer ,t"— ,7 GSC , `' 1�O��� This drawing is neither a legally recorded map nor a •�'IP 1� ���—�—CT "___ � . , survey and isnot intended to be used as one.This ® BOLTON drawing is a compilation of records,information,and data 0 3 207 Feet & MEN K sourced in various city,county,and state offices,add other es affecting the area shown,and is to be used for reference purposes only.The City of Orono is not responsible for any inaccuracies herein contained. 0 Bolton&Menk,Inc-Web GIS 4/14/2017 8:35 AM Real People.Real Solutions. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 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,and Loren Schoenzeit. Representing Staff were City Administrator Doug Reeder,Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron,City Planner Melanie Curtis,and Recorder Jackie Young. Council Member Aaron Printup and Mayor Dennis Walsh were present. Chair Thiesse called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance. NEW BUSINESS 1. PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 21,2017 PLANNING COMMISSION WORK SESSION MINUTES OF FEBRUARY 1,2017 Lemke moved,Leskinen seconded,to approve the minutes of the Orono Planning Commission meeting of February 21,2017,as submitted. VOTE: Ayes 5,Nays 0. Leskinen moved,Lemke seconded,to approve the minutes of the Orono Planning Commission Work Session of February 1,2017,as submitted. VOTE: Ayes 5,Nays 0. 2. 17-3907 UGORETS 8098,INC.,2500 SHADYWOOD ROAD,CONDITIONAL USE PERMIT,6:32 P.M.—6:41 P.M. Barnhart stated the applicant is requesting a conditional use permit to permit a permanent dock into the floodplain. Docks that provide reasonable access to the lakeshore and do not exceed eight feet in width are among the listed conditional uses in the floodway. Barnhart indicated some letters have been received from the Watershed District,the DNR,and the Army Corps of Engineers. Barnhart noted the letters are not necessarily letters of approval but they provide comments regarding the application. Barnhart noted this portion of the lake floodplain does not include any boat connection to Lake Minnetonka. Last month the Planning Commission reviewed a sketch plan for an apartment building on the adjacent lot and the property owners within 350 feet of this site have received notice of the public hearing. Barnhart displayed a survey showing the existing site conditions. The proposed dock will be an accessory structure to the principal office use on the property and will be offered as an amenity to its renters. Barnhart pointed out the location of the proposed dock. The dock will be six feet wide and 180 feet long. A portion of the dock will encroach into the wetland. The proposal includes a viewing/seating platform into the open water area. The dock will be constructed of wood,including wood support pilings. Staff has reviewed the standards for a conditional use permit and believes those standards will be met. Staff does recommend that some type of warning lights or reflectors be placed at the end of the dock to alert people about the new structure. No lights are proposed on the structure. Page 1 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Staff recommends approval of the request. Lemke asked owns the land around the dock. Barnhart indicated the property owner owns four lots in this area,including portions of the wetland near the dock. Thiesse asked if what they are proposing will be high enough out of the water. Barnhart stated the City requires structures to be one foot above the water. Alex Ugorets, 175 Brentwood,Tonka Bay, stated the reason he would like a dock is to serve as an amenity to the professional clients that will be renting office space in the building. Ugorets stated he envisions the tenants utilizing the dock on nice days when they wish to work outside and in his opinion that will be the only use of the dock. Ugorets noted it will be a permanent structure but will be more of a walkway rather than a dock since there is no way to get a boat in and out of that area. Ugorets indicated he does own the wetland near the dock. Landgraver asked if the dock will be secured at night. Ugorets stated he did not plan to secure it since it is not that easy to access except from the back of the building. Ugorets indicated there are cameras on the building,and unless there is an issue with the dock, he does not see a need for securing it at night. Lemke asked what type of wood will be used to construct the dock. Ugorets indicated it will either be treated wood or cedar and that it will be constructed to meet the requirements of the code. No creosote treated wood will be used. Ugorets stated the proposed plan merely depicts the location of the dock and has not been designed to City specifications at this time but will be at the time they request a building permit. Lemke asked why there is a rope that extends four feet above. Ugorets indicated the rope is to be used by people using the dock and that the height can be adjusted if necessary. Landgraver asked if he is okay with adding reflectors to the dock. Ugorets indicated he is. Chair Thiesse opened the public hearing at 6:40 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:40 p.m. Page 2 of 43 .- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Landgraver stated in his view it is an appropriate use. Leskinen moved,Schoenzeit seconded,to recommend approval of Application No. 17-3907 Ugorets 8098,Inc.,2500 Shadywood Road,granting of a conditional use permit, subject to reflectors being added to the dock and subject to Staff recommendations.VOTE: Ayes 5,Nays 0. 3. 17-3908 CUBE,INC.,3320 NAVARRE LANE,VARIANCES,6:41 P.M.—6:49 P.M. Roman Zhuk,Cube, Inc.,was present. Gaffron stated the applicant is requesting lot area and lot width variances in order to take advantage of the Tier 3 hardcover level of 35 percent. The property is located on Navarre Lane. This small lot qualifies for a building envelope without lot area and lot width under the Shoreland variances and the new home on the property meets the 25 percent hardcover limit per the Shoreland regulations. The property owner wishes to be able to add certain hardcover amenities;in this case a deck of unspecified size. Gaffron stated in order to be able to exceed 25 percent up to the 35 percent limit,the lot area and width variances are required. Once the area and width variances are granted,any additional hardcover would be limited to 35 percent. The neighborhood consists of single-family homes located on Olive Avenue,Navarre Lane and Bayview Place. In this neighborhood there are approximately 20 homes on single lots,with another half dozen or so on combined lots. The neighborhood consists of lots typically 47-55 feet in width and range in depth from 90 to 160 feet. 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. 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. Staff recommends approval of the requested lot area and lot width variances. If the 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. The applicant shall adhere to the required setbacks and 35 percent hardcover limitations with regards to any additional structures and hardcover proposed for the property. Gaffron displayed a survey of the surrounding area and a photograph of the existing house. Leskinen asked if this is the same owner that constructed the house on the property. Gaffron indicated it is. Landgraver noted this application is a little unusual in that what is actually being proposed is unknown. Gaffron stated every builder has the option to take advantage of the Shoreland regulations. In this case, the builder has a time deadline and does not want to spend the extra two months going through a variance process. Gaffron stated typically these types of variances are granted and that it would be consistent with Page 3 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. the neighborhood since the whole neighborhood is located in Tier 3,which is allowed 35 percent. Gaffron stated if the applicants were asking for excess hardcover for that tier,it would become an issue. Landgraver asked if the City is essentially granting a variance to allow them to build right up to the lot line. Gaffron stated they are not but that they are merely saying this lot at 50 feet wide requires variances in order to get the 35 percent. Gaffron stated in the five years that the Shoreland regulation has been in place, the City has encountered a few of these situations. Roman Zhuk,Cube, Inc., stated they would like to construct a 16' x 24' deck on the house. Thiesse asked if the house is 24 feet wide. Zhuk indicated it is. Chair Thiesse opened the public hearing at 6:49 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:49 p.m. Landgraver commented Staff has clarified his concerns and that the request seems reasonable compared to the other homes in the neighborhood. Leskinen moved,Landgraver seconded,to recommend approval of Application No. 17-3908,Cube, Inc.,3320 Navarre Lane,granting of lot area and lot width variances, subject to the applicant adhering to the required setbacks and 35 percent hardcover limitation with regards to any additional structures and hardcover proposed for the property. VOTE: Ayes 5,Nays 0. 4. 17-3909 KEN AND SHERALYN SADDLER,2755 ETHEL AVENUE,VARIANCES,6:50 P.M.—6:56 P.M. Ken and Sheralyn Saddler,Applicants,were present. Gaffron stated the applicants are requesting lot area and lot width variances in order to take advantage of the Tier 2 hardcover level of 30 percent. Gaffron noted this is a similar request as the preceding application except this lot is located in Tier 2. A new home was constructed on the property within the last year. In order to take advantage of the Shoreland regulations,there was a hardcover limitation of 25 percent,which the new home meets. 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 percent up to the 30 percent limit,the lot area and width variances are required. Gaffron displayed an aerial photograph depicting the current house. Gaffron noted the lot is comprised of approximately 7,500 square feet and is 50 feet in width. The standards for the LR-1C zoning district are one-half acre and 100 feet minimum width. Page 4 of 43 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. 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. Staff recommends approval of the requested lot area and lot width variances. If the 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. The applicant shall adhere to the required setbacks and 30 percent hardcover limitation with regards to any additional structures and hardcover proposed for the property. Lemke asked what the white square is that is depicted on the color rendering. Gaffron indicated there are no variances being requested as part of this application in regards to that. If it is located in a side yard,it would not be allowed. Thiesse commented it appears to be a hot tub. Thiesse asked if it would need to meet a 10-foot setback. Gaffron stated it would. Staffs assumption is that the deck will be above grade but that the applicant could answer those questions. Ken Saddler,Applicant,stated the idea was to have a pad for a hot tub and that they will be moving it to the back end of the deck towards the bottom. Saddler stated it is a 64 square foot concrete pad for a hot tub. Chair Thiesse opened the public hearing at 6:55 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:55 p.m. Leskinen noted this is almost an identical application as the previous one. Landgraver moved,Lemke seconded,to recommend approval of Application No. 17-3909,Ken and Sheralyn Saddler,2755 Ethel Avenue,granting of lot area and lot width variances,subject to the applicant adhering to the required setbacks and 30 percent hardcover limitation with regards to any additional structures and hardcover proposed for the property,and subject to the hot tub being located off the back of the house rather than the side. VOTE: Ayes 5,Nays 0. 5. 17-3911 LAKEWEST,LLC,3245 WAYZATA BOULEVARD WEST,ZONING CODE TEXT AMENDMENT,6:56 P.M.—8:02 P.M. Curt Fretham,Lakewest,LLC,was present. Gaffron stated the applicants are requesting a change to the City Code to allow for a new type of zone. The applicants received final plat approval of a 27-lot residential development of the property at 3245 Page 5 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Wayzata Boulevard in July of 2016. The property is currently zoned RR-1B and will be rezoned to PUD following final plat approval. Pending more favorable market conditions,the applicants have chosen to not proceed immediately with the residential development. The applicants are requesting,however,to be able to allow temporary use of the site as a staging,storage and materials recycling yard for the upcoming County Road 112 improvement project expected to begin in 2017. This project is being done in phases and could take up to four to five years for completion. 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 through an Interim Use Permit. The zoning code currently does not contain provisions for Interim Uses. The applicants are requesting the City amend the zoning code in order to allow Interim Uses. State statutes permit 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." Gaffron noted it is important to remember that a conditional use permit is permanent and runs with the land. 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 with a high level of city control. A past example of where that type of ordinance would have been helpful was in the case of a daycare facility located at the corner of Highways 6 and 12. It sat empty for five years because the City did not have an Interim Use Permit. In order to allow the proposed staging use,the applicants are requesting the Code be amended. 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. In order to allow the proposed staging use on a temporary basis,the Code must be amended and the following factors should be considered: 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 Page 6 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. 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. 2. The RR-1B zoning district should be amended to include a section entitled"Interim Uses". 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,the following: -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. The Planning Commission should consider whether there are any additional conditions that would be appropriate for this use. Gaffron stated one of the questions that came up is whether the zoning is consistent with the Comprehensive Plan for interim use. 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. 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 Comprehensive Plan. The City Attorney has indicated that because zoning needs to be consistent with the Comprehensive Plan,the Comprehensive Plan technically should be amended to allow interim uses that are not conforming with the guiding. Gaffron noted there will be some text amendments that potentially will be added to the Comprehensive Plan during its 2018 update but Staff does not believe that should stop the City's ability to add interim uses to the zoning code at this time. The Planning Commission should consider the issues for consideration outlined in Staff's report. If the Planning Commission feels that interim uses is a tool the City should have in place, a recommendation of approval would be appropriate. Gaffron noted with the next application the Planning Commission will be looking at the exact use that is being proposed by the applicant. Schoenzeit asked whether the conditions should include language that the interim use or the specific use requires some type of bond in the event the interim property owner does not clean the lot when they are finished with the interim use. Gaffron indicated he does not disagree with that suggestion. Leskinen noted City had considerable discussion on interim uses a number of years ago and that to her recollection there were some pitfalls involved with interim uses. Leskinen indicated she cannot remember what those pitfalls were but that she has always felt it would be a useful tool. Page 7 of 43 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Gaffron stated it might have been in conjunction with the Emily Program or it could be possible that past City Councils were simply not interested in making that change. A number of cities utilize it as a tool but it could become a problem if the correct conditions are not placed on the applicant. Gaffron stated in his view it gives the City excellent control over the duration of the interim use. Leskinen commented it seems to be more secure than a conditional use permit. Gaffron noted a conditional use permit is permanent and an interim use permit could be terminated by the City Council at any point. Landgraver asked if a date certain could be set for the interim use,and then if that date is not met,the date could be extended. Gaffron stated that is one option. Another option is that the interim use could be required to be renewed on an annual basis. Gaffron stated one of the questions is what are the potential future uses or ancillary uses of the site that might not have been predicted or expected. Gaffron stated it could also be a trigger event rather than a trigger date. Gaffron asked if the Planning Commission would like to review Item No. 6 in conjunction with this application or separately. Lemke stated he would like more time to review this item since there are three options from three different cities they need to review. Thiesse commented this weekend was the first time he has seen this request and that he would recommend Staff prepare draft language for an ordinance so the Planning Commission and the public has something firm to review. Gaffron stated Staff did not prepare language because they were not sure whether the Planning Commission would be interested in an interim use ordinance. Gaffron indicated it would not take very long for Staff to draft language. Thiesse asked if another public hearing would then be required. Gaffron stated the Planning Commission has the option to hold a second public hearing or tabling the application at this meeting for further review. Landgraver asked if there is another work session scheduled for April. Barnhart indicated it would be April 5. Thiesse stated in his view the Planning Commission has an obligation to review and give a recommendation on a draft ordinance. Thiesse stated he thinks it is a good idea but that he would like to see some language regarding it. Landgraver commented that would also give people something to respond to. Landgraver stated it might also be useful to hear the next application. Page 8 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Chair Thiesse opened the public hearing at 7:13 p.m. Allan Engleman, 315 North Old Crystal Bay Road,stated he has questions regarding pollution and traffic. Engleman stated if someone tries to turn in there,it is not possible with that guardrail. Engleman stated he is not sure what the taxes currently are on this property,but when it is turned into a money making deal,he has a question of how it will be taxed. In addition,when Mr. Eisinger put that fill in there,he did not compact anything. Engleman stated if they start placing excess material in there and other items,the land will sink. When Hennepin County installed the new road, the swamp was proposed to be dug out,but because of the pollution,they decided not to dig it out. When the County 6 interchange was put in,a land bridge was constructed because they would not dig it out and fill it back in. Engleman asked what is going to happen with the pollution when they start doing this new activity. Engleman asked if they are going to be able to crush concrete or whether the City will limit them to daytime hours. Engleman stated there are a lot of questions that need to be answered before this can be approved. Thiesse noted the Planning Commission will be discussing some of that under Item No. 6. Chair Thiesse closed the public hearing at 7:16 p.m. It was the consensus of the Planning Commission to suspend discussion on this item and to open Item No. 6. (Discussion on this item was suspended from 7:16 p.m. to 7:56 p.m.) Schoenzeit stated in his view there should be an annual review. Thiesse stated an annual review is not very good if there are not very specific guidelines put in place first. Thiesse noted the City has to have a reason to close the use down. Schoenzeit suggested the interim use conditions should include sufficient bonding to restore the site to pre-use condition at the applicant's expense so the taxpayers are not stuck with the bill. Landgraver stated he has a much better understanding of what an interim use permit would be and that he has a better visualization of what is going to happen on the site. Landgraver indicated he would like to look at the proposed language at the work session and then put it out there for the public so there is something concrete to work on. Thiesse stated he is in agreement with that and that the public should have something specific to comment on. Leskinen asked if Commissioner Landgraver is suggesting that the interim use permit for this project should be discussed at the work session or the general concept of interim use as well as this project. Landgraver stated he would suggest both be discussed. Page 9 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse asked if this item should be tabled. Barnhart suggested tabling the application and continuing the public hearing until the April Planning Commission meeting so public comment can be received. Landgraver moved to table Application No. 17-3911,Lakewest,LLC,3245 Wayzata Boulevard, Text Amendment,and to continue the public hearing to the April 17 Planning Commission meeting. Fretham stated the road contractor is hoping to start in April and May would be ideal to get approvals. Fretham stated tabling it to April is fine but tabling it to May,June or July would be challenging. Schoenzeit seconded the motion. VOTE: Ayes 5,Nays 0. 6. 17-3910 LAKEWEST,LLC,3245 WAYZATA BOULEVARD WEST,CONDITIONAL USE PERMIT,7:17 P.M.—8:02 P.M. Curt Fretham,Lakewest,LLC,was present. Gaffron stated for the last few months Staff has been receiving inquiries from contractors searching for a staging area for the upcoming highway project. Currently there appear to be few suitable options and this site is an option since it is open and relatively flat,has good accessibility to Wayzata Boulevard,is large enough for the intended activities,and is relatively remote from nearby residential development. The home located across Wayzata Boulevard is 700 feet away and the site is 1,000 feet from any homes across the freeway. The potential negative impacts,such as noise,vibration, glare,dust,should be minimal as compared to most other locations within the Wayzata Boulevard corridor,which is one of the reasons this site was proposed. The portion of the site proposed for construction staging is primarily over the landfill area that has been closed for a number of years,which is the area depicted in blue. 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 the applicant's 2016 residential development proposal. The information regarding what is contained within the landfill was also contained within that application. The area that gained approval for residential development is not within the landfill area. The proposed site use plan indicates the proposed rock construction entrance will 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. Gaffron stated he is not sure whether Hennepin County will require some sort of additional turn lanes,temporary or permanent,in the area. Since it is a county road, Hennepin County will need to make that determination. The Minnehaha Creek Watershed District has approved an Erosion Control permit for the construction staging activity. Page 10 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. The Long Lake Fire Chief has indicated no issues with use of the site for construction staging. The Orono Public Works Director has indicated this location is likely as good a location as the contractor will find for construction staging. The site plan suggests that temporary lighting will likely be used, 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. The site plan indicates a proposed visual and noise screening berm along the west and south boundaries of the site. The 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 applicant's narrative suggests that this site might be used as a recycling yard for projects other than just the Wayzata Boulevard improvements. 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 expects to operate this site. Questions to be answered include whether materials from the Wayzata Boulevard project will be recycled and head out to other projects not in Orono and whether it is the City's expectation that this site is intended to be in use exclusively for the Wayzata Boulevard project and not as a regional recycling yard for other projects. Staff recommends that this industrial-level use at this site not become a regional activity and that a definite end date be established commensurate with the end of the Wayzata Boulevard improvements. The Planning Commission should consider the following: 1. Are there any specific concerns with the location of this site for the proposed use? 2. Are there 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? 3. Are there any specific concerns with regard to the duration of the proposed use; i.e.,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? 4. Are there any other issues or concerns with this application? If the 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. Page 11 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. 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. 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. Landgraver asked if Hennepin County has a site that they used during the project on Highway 12 on the west side of Old Crystal Bay Road. Gaffron indicated they vacated that property a number of years ago and Staff is not sure what the final intent for the property is. Curt Fretham,Lakewest Development, stated the entire site consists of approximately 30 acres and that they will only be using a small portion of the site for this activity. Approximately half of the site is wetlands and the other half is dry buildable land. Fretham noted the green pasture area would be the location of the majority of the activities. The area highlighted in blue depicts the lot. Fretham indicated the next slide illustrates the layout of how they envision things would work on the site. Access would be on the left side of the property. The trucks would come in and dump on the left-hand side. The material would then be processed in the blue highlighted area. Fretham commented it seems like there will be a lot going on but there is not that much to it. Fretham stated they have done similar activities on other sites previously. In addition,a screening buffer would be created. Fretham stated there will be a lot of excess clean fill available from the job and that he was planning on using it to create a future buffering amenity but that it could be created now. A formal landscape plan does not exist currently but some trees could be planted along the berm to help further screen the site. Fretham stated he has done some of this before in other communities a lot closer to town. Fretham indicated they did a large demolition of a church in St.Louis Park where they crushed the materials, recycled them,and then used some of the materials on site but then hauled some off site. Another project was done recently in Golden Valley behind Menard's where a large commercial building was demolished in addition to a project in Minnetonka at Highway 101 and Minnetonka Boulevard. Fretham stated he understands people have legitimate concerns about truck activity and the amount of dust that could be generated,but new technology has been invented and the materials are now dampened with water,which reduces the amount of dust that is created. Fretham stated the equipment will make Page 12 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. some noise but noted that the site is right next to the freeway and that he cannot imagine that anyone will know they are there. Fretham indicated the crushing will not occur at night. Fretham stated some of the challenge here is tying the property up for a period of time and then being able to balance it with the practicality of tying it up. Fretham stated one of the questions that he has to answer prior to committing to this is whether there will be enough materials coming off the Wayzata Boulevard job to make it worthwhile. Fretham stated he does have some experience with this type of work and that it really is a blend of being able to mix all of those components,being able to work with Hennepin County, and being able to supplement it to make it a legitimate short-term operation. Fretham stated he would like to point out that there is an indication they might need a separate conditional use permit for the berm and that he would like to process everything concurrently. Lemke asked what the hours of operation would be. Fretham indicated they would like to work with the road construction project,which will occur mainly during the day,but that there might be times where the road crews will work longer days. Thiesse stated they do not necessarily be tied to Hennepin County's schedule and that they could limit their work to the daytime. Fretham stated the crushing would not occur at night but the movement of trucks might occur during the night. Fretham stated it is likely Hennepin County will store some pipe and other materials to be used on the road project that might have to be loaded at night. Thiesse stated one of his concerns is possible headlights from a pay loader that are bouncing around and moving around since they can be a big distraction. Fretham stated he does not envision that being a problem but that he included everything in the application that could possibly raise a concern. Fretham stated in his view there will be very little evening or nighttime activity but that it would be nice to be able to do that occasionally. Thiesse asked if recycling of offsite materials was done on his other sites. Fretham indicated there was. Fretham stated as it relates to traffic,there would not be a parade of trucks running through downtown Long Lake and that there will be occasional trucks coming off the bypass. Fretham noted this site offers easy access versus coming in through downtown. Landgraver asked what type of other material they are contemplating bringing it. Fretham indicated it would be concrete and asphalt. Lemke asked how many trips a day in and out are anticipated. Fretham stated he would estimate approximately 2,000 loads over the course of a year,which would amount to seven loads a day. Fretham noted those loads will not occur over the course of a year but will be in spurts. Fretham stated some days there will be 50 to 100 loads and some days nothing. Page 13 of 43 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Gaffron asked to what extent the contractor for the county project will be involved in the operation of the site on a daily basis and to what extent the County will be involved in the site on a daily basis. Fretham indicated the County will not play a role in managing it and that Hennepin County would expect them to abide by the permit conditions. Fretham stated their expectation is that the contractor will manage the site on a daily basis and they will be monitoring their activities. Landgraver asked if they are looking at a three-year project. Fretham stated they hope it is a three-year project,but that if it does not work after a year,they will probably shut it down. Fretham stated he would like to try it for at least a year. Lemke asked what will happen with the site after the process is done. Fretham indicated they would need to restore the site to a similar condition as before. Lemke asked whether a deal breaker would be if there is a restriction on bringing in other materials from other sites. Fretham stated it could be since at this time he has not gotten a commitment from the contractor on how much material will be brought in. Fretham stated to his understanding the contractor is negotiating with the County to do some of it onsite at the road project. If that happens,that will reduce the amount of material being brought to the site. Fretham noted he has to look at the costs of tying up the property for a period of time versus the amount of materials to be brought in. Lemke asked him to address the question of pollution. Fretham indicated the contractor will be bringing in street materials,such as curb,concrete,asphalt, manholes and pipe. Fretham stated the material is fairly clean from a pollution standpoint,and if they were demoing a building,that would be a different process. Landgraver noted people are concerned about the old dump. Landgraver asked what government agency would look into the added weight and traffic to the site. Gaffron asked Mr. Fretham what discussions he has had with the MPCA regarding the site. Gaffron stated his understanding of what the gentleman questioning pollution was referring to is what happens if the landfill material is pushed further out or changes the drainage characteristics of the area. Gaffron stated there are a lot of things that go into a landfill and that he would like to know what the MPCA's views are on the proposed use for the site. Fretham indicated they have spoken with the MPCA but that they have not really spoken with them about the recycling activities. Fretham noted he has dealt with them before on other sites and that he understands their process and concerns. Fretham stated the MPCA's concern was more about the screening buffer since that is a permanent thing and that they will want to sign off on that. Fretham indicated he has hired Wenck Engineering for that component and that he can add that point to his discussions with them going into the future. Gaffron asked if the MPCA has a concern about the additional weight on the edges or the drainage being impacted. Page 14 of 43 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Fretham stated their concern is adding a berm on top of the landfill area,which may make it more difficult to clean the landfill up if that is found to be necessary. Leskinen asked whether the applicant would restrict the materials to just road debris or whether there would be materials from the demolition of a building if they were to be allowed to have other sites bring in their debris. Fretham stated they would like to have discretion to bring in other materials. Fretham noted on a demolition project they still have protocol they have to follow to make sure the materials that are going to be recycled are clean. Fretham stated he could provide that paperwork and that he will retain it in the event there is ever an audit performed. Leskinen asked if it would be fair to say that it could be more than just road debris. Fretham stated potentially it could be. Schoenzeit asked if he would agree to the stipulation that if other materials are brought in that it be limited to concrete,asphalt,manholes,and not this other demolition material. Schoenzeit indicated he would be very uninterested in recycling non-road material and non-authenticated stuff and turning this site back into a dump. Fretham stated they do not want to turn it back into a dump and that they consider it to be a valuable property. Fretham stated if that was a stipulation,he would need to figure out whether they could live with that. Thiesse stated it sounds like a site is necessary for recycling of road materials in Orono but that there is not a big need to be recycling other debris. Thiesse stated in his view the Planning Commission does not have enough information on whether that is a required component for the applicant. Thiesse commented he would love to see Orono take care of its own materials. Fretham noted he does not have control of the entire equation. Thiesse asked when that information would be available. Fretham stated it would probably be available in the next 30 to 90 days. Thiesse commented this site is probably the best site to do it,but in order to give exact information to the public on the interim use,he would like more information on how the property will be used and whether it could be viable without bringing in other materials from other towns. Schoenzeit stated the City's obligation is to keep this site clean and that it starts with knowing what the materials are and where they are coming from. Thiesse stated it also has to be a viable operation. Landgraver stated if there are limits on the amount of traffic and the type and amount of material,he would not be inclined to be as restrictive on where it is coming from. Page 15 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Fretham stated if the City of Mound has a road project going on and they would like to bring in 20 loads of street materials,he is hearing that might be acceptable,but if a building is being torn down in downtown Long Lake,they would like to see that go somewhere else. Schoenzeit stated he could take the concrete foundation but not the rest. Fretham stated that would be helpful since oftentimes that it what is recycled. Fretham noted there are strict specifications that they use for the recycled materials and that the finished product has to be acceptable to their standards. Leskinen asked if MN/DOT ran a similar type operation for the new Highway 12 project. Gaffron indicated it was a staging area for materials and equipment but to his knowledge they did not have a recycling operation. Gaffron stated vehicles were parked there now and then and there was a construction office located there. Gaffron stated that site was handled by MN/DOT and the City had limited say in it. Gaffron indicated he does not recall any conditional use permits being requested. Lemke asked if there would be storage of trucks and equipment as well as the crushing equipment. Fretham indicated there would be. Fretham stated it is likely the crushing machine will be run less than 200 hours,which is basically two and a half weeks out of a year. Fretham stated the machine might run for a few days and then not for a while and that they will not be running a full-blown crushing operation all summer long. Chair Thiesse opened the public hearing at 7:53 p.m. Allan Engleman, 315 Old Crystal Bay Road,stated it sounds like there will be a recycling operation on the site and that the City does not need someone hauling stuff from Brooklyn Park or Wayzata in there. Engleman questioned what will happen when they are done and the pile is still standing there. Engleman commented it looks to him to be a business and that the City does not need that here. Engleman stated he does not know if the borings showed any contaminated material from the bypass project. Gaffron stated the boring logs primarily identified materials within the landfill and they attempted to determine the boundary between the landfill and high land. Gaffron stated he has not seen borings from in town but that any contaminated material would need to be hauled to different sites. Thiesse stated he did see the soil borings from downtown out to Birch's and they were all good. Engleman commented it looks to him like there will be a business operation over there and that they will be taking in other cities' material from all over. Chair Thiesse closed the public hearing at 7:55 p.m. (The Planning Commission suspended discussion on this item in order to discuss Item No. 5) Landgraver moved, Schoenzeit seconded,to table Application No. 17-3910,Lakewest,LLC,3245 Wayzata Boulevard,Interim Use Permit,and to continue the public hearing to the April 17 Planning Commission meeting. VOTE: Ayes 5,Nays 0. Page 16 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. 7. 17-3912 BRUCE BIRKELAND,PID 07-117-23-31-0028 (Adjacent to 1298 Wildhurst Trail),VARIANCES,8:02 P.M.—8:38 P.M. Bruce Birkeland,Applicant, was present. Curtis stated the applicant is requesting a variance to facilitate an administrative lot line adjustment, which is a subdivision exemption,in order to create an additional one lakeshore lot where there is currently one lakeshore lot and one non-lakeshore lot. The southern lot is not a lakeshore lot currently. The applicant owns both lots and has presented two options: 1. Create two conforming lots,each meeting the LR-1B minimum area and width at the 75-foot setback. This would require a side setback variance allowing the existing home on Lot 2 to be located within three feet of the new dividing line. The side setback variance is needed in order to certify the subdivision exemption. 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 process the subdivision exemption. Curtis noted Option 2 is the applicant's preferred option. The LR-1B requires 140 feet in width at the ordinary high water level and at the 75-foot setback for Lake Minnetonka. There should be at least 280 feet at these points for supporting two lakeshore lots. The plans submitted for either option do not appear to reflect conforming measurement of lot widths. The applicant should revise Option 1 to meet the width requirement at the OHWL and at the 75-foot setback if possible. The existing home on the property is in a conforming location currently. Curtis noted moving the common lot line in order to make the lot width conforming at the 75-foot setback results in the house and deck encroaching within three feet of the new lot line. The purpose for this application is to increase marketability by creating a second lakeshore lot. The Planning Commission and City 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 of 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 or at the 75-foot setback. There could potentially be an option that meets the requirements but Staff does not have that information at this time. 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. Page 17 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Comments from the neighbors have been received and are before the Planning Commission this evening. A comment from the applicant's engineer was also received and should be read into the record. 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 1 regarding the site 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 agenda. Thiesse requested City Planner Curtis read the letter from Mark Gronberg into the record. Curtis read the following letter into the record: "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 too close to the lake. Taking the measurement at the outside of the chord gives a more correct representation of where you can build." Curtis noted on the back of the letter Staff included the definition of lot width for the Planning Commission's reference. Thiesse asked if it should not be measured from where the house can be built. Gaffron noted the lot width definition reads: "For lots which abut a lake or tributary,at the shoreline measured in a straight line between the points at which the side lines intersect the OHWL." Thiesse concurred that that is what the definition says. Gaffron stated it further reads,"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." Gaffron stated the code says to measure it in a straight line but Mr. Gronberg is suggesting to measure it in a line that hits the outside of the curve in a straight line. Thiesse commented that makes a lot of sense since that is where the house can be built. Gaffron stated it does and that the City looks at it that way in the past for non-lakeshore lots where there is a cul-de-sac. Gaffron stated very rarely does the City see a lakeshore subdivision,and in this case the code is very specific on how it should be measured. Gaffron stated he does not disagree with Mr. Gronberg's logic that the lot width should be measured from where the house is to be built,but that the code does not read that way. Gaffron stated one of the questions he would ask is if it is measured at 125 in a straight line between those two points and if that same straight line is drawn between two different points,whether it would be more than 125 feet. Page 18 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Curtis indicated that is 140,which is where it is shown by the applicant. Thiesse noted they conveniently put it at the curve of the line. Gaffron stated if the line were skewed another way,it would not meet it. Bruce Birkeland, 128 Wildhurst Trail,stated this definition was a surprise to them and that he basically received notice of it just in the last day or two due to some Internet problems. Birkeland indicated they cannot build the house toward the lake any further and that the house would actually be set back another 35 feet from where Mr. Gronberg drew his line across. Birkeland stated he is not sure if Mr.Gronberg is aware of the way the City does it but that the original lot line cannot meet the setbacks where the house might have a view of the water. Birkeland stated the concept here is to create a lake lot so that some other family can have a place on the lake and make the best use of the lot. Birkeland stated at this point he is not quite sure how the Planning Commission interprets this new information and that he would ask for the advice of the Planning Commission. Thiesse stated the definition is very specific where the line needs to be drawn and that he does not see how it could be interpreted differently. Birkeland asked what his options are at this point. Thiesse stated the Planning Commission will open the public hearing and then discuss the matter. Chair Thiesse opened the public hearing at 8:14 p.m. John Besseson,4500 North Shore Drive, stated he is one house down from Bruce Birkeland and that Mr. Birkeland approached him about what could be done with the property. Besseson indicated he consulted with Mark Gronberg about the lot and that they also had an architect take a look at it. Besseson stated they spent three or four months on this project and then met with Staff and looked at the documents,with Mr. Gaffron indicating he would not have a problem dividing the property if the house is torn down and the two lots are conforming. Besseson stated approximately five to ten feet of the house sit inside the 10-foot side yard setback and they are hoping the Planning Commission will allow it. Besseson stated otherwise they will have to tear the house down. Besseson commented the house has a lot of value. Besseson noted the neighbors are in agreement with the project and that they are attempting to create some value for the property owner and the City by creating this new lot. Besseson stated in the 50 years he has resided in this area,he has witnessed a huge amount of development along the lake and that Wildhurst Trail is a beautiful road. Besseson stated the way the property sits now makes it difficult to build anything facing Wildhurst and County Road 19. Besseson commented they would rather see a$2 million house built there rather than a $200,000 house. Besseson indicated he did talk to Staff about resolving this and that the plan does currently meet the required criteria except the house happens to be sitting within the 10-foot setback. Page 19 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Besseson stated they can tear the house down but that they would rather not do that and that they are attempting to come up with an alternative to make it work. Besseson stated they cannot go forward until they get some direction on this. Neil Weber,Architect,stated when they started out with this project,they felt they had enough lineal feet of shoreland. Weber stated they interpreted it as the actual footage instead of a straight line but that they would still have enough lineal footage. Weber stated the only reasonable place to construct a house to meet the criteria would be in this upper area,which is not the best use of the lot. Weber stated they were basically attempting to place the house in a more ideal location so there would be a view of the lake. Weber stated they then went to Mark Gronberg and he indicated they need 140 feet at the shore and at the setback line. Weber stated they had an option of the 140 feet in both areas with the need for a side setback variance or an option where it met the 10-foot side setback but does not have the required width. Weber stated as far as they are concerned,either option works. Weber noted this area is not a bluff and that Staff agrees with their interpretation. Weber stated without changing the topography,the house will need to be located significantly behind the setback due to the grade,and no matter how the line is configured,the house will need to be further back. Weber stated to his understanding somebody from the City came and verified that the proposed access onto the road was acceptable. Weber noted they probably would not be able to have access onto County Road 19. Weber stated the bottom line is,no matter how the lines end up being configured,they will end up with the same site plan. Weber stated they felt the 140 feet at the building line was the logical interpretation, which is what their plan is based on. Weber stated no matter how it ends up,the proposed location for the house is the logical site. Weber stated they are not creating a new lot but that they are trying to rearrange the lines so they can get the best use of the site and take advantage of the view. Chair Thiesse closed the public hearing at 8:25 p.m. Schoenzeit stated when the City's interpretation of the definition is subject to a different interpretation, the tie goes to the runner. Thiesse stated the definition is pretty straight forward and there really is no other way to interpret it. Schoenzeit stated the other piece is that the City has also pre-identified the average lakeshore setback and building site. The lot line rearrangement helps determine the building pad. Schoenzeit stated his assumption that these lots are sewered and that they will not need to find a septic spot. Schoenzeit stated if someone can steer where the house goes and it is behind either of the lines that are in discussion,the City should find a way to make this work. Landgraver stated he tends to agree with Commissioner Schoenzeit. Leskinen stated the issue from her perspective is not about where the house is being placed but the fact that they are rearranging the lot lines,which requires them to create two conforming lots. Leskinen stated if it does not meet the City's requirements, it would be a nonconforming lot,which historically has not been allowed. Page 20 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Leskinen stated her other concern is with the practical difficulty analysis. Leskinen noted economic conditions alone cannot determine whether a variance is granted and that in her view it appears to be more of an economic piece than the other criteria the Planning Commission generally looks at. Leskinen stated if they can get past the practical difficulty and decide that the lot line rearrangement can create two conforming lots,that is the option they should choose. Leskinen stated she would be more inclined to grant a setback variance than a lot line variance because she is not inclined to create a nonconforming lot. Thiesse noted the lots conform with the area requirement but do not conform to width except at the 75- foot line. Thiesse stated based on the width,they cannot build a house where the line is drawn. Thiesse asked if this could be approved if a condition is added that they have to conform with the lot width at the location the house is constructed. Gaffron stated the existing lot has a defined width going from one point to another point,which is perhaps 100 feet. Gaffron indicated the applicants are trying to create two conforming lots from a substandard, nonconforming lakeshore lot. Gaffron stated the lot is substandard because of the channel that was dredged decades ago. Gaffron stated the question is why the southerly lot was not given lakeshore access at that time. Gaffron indicated it is unlikely Staff would be able to find the answer to that. Thiesse asked if there is anything in the Code that prohibits people from having gerrymandered lot lines. Gaffron stated to his knowledge there is nothing in the code prohibiting it as long as the lots are conforming but that the City creates nonconforming width lots every time there is a cul-de-sac. In this situation the applicants are taking two lots,one lakeshore and one non-lakeshore,and turning the non- lakeshore lot into a lakeshore lot. Lemke commented it makes sense to create two lakeshore lots by looking at where the building pad will be. Lemke stated in his view it would not be a horrible situation but that he would like to see it work if at all possible. Thiesse stated it appears it cannot be granted based on the practical difficulty statement. Thiesse asked whether the Planning Commission can request a revised practical difficulties statement. Schoenzeit stated the practical difficulty is the shape of the land and not the economics. Thiesse noted the Planning Commission cannot write that for the applicant and that it would have to be revised. Leskinen stated economics cannot be the only factor in determining a practical difficulty. Thiesse asked whether the Planning Commission could approve the application with the caveat that the applicants submit a better practical difficulty statement. Schoenzeit stated the practical difficulty statement should be more in line with the difficulty of the land. Barnhart stated the practical difficulty statement is intended to give the Planning Commission reasons to recommend support or denial. Barnhart stated if the applicants did not meet the practical difficulty Page 21 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. standard,the Planning Commission is obligated to recommend denial. Barnhart stated the Planning Commission uses the practical difficulty statement when they review the application and that they cannot write the practical difficulty statement for the applicant. Schoenzeit commented the Planning Commission could give the applicant the option to table it. Thiesse stated the Planning Commission could also deny it with the suggestion that they submit a different practical difficulty statement. Barnhart stated either option would get them to the same spot. Barnhart stated if the Planning Commission recommends denial because the practical difficulty standards have not been met,the applicant could be encouraged to address some of the comments made prior to the City Council meeting, which would keep the application moving forward. Thiesse stated in his view the intent of the code is that the City is looking for a reasonable width,which will be satisfied based on the location of the house. Lemke and Landgraver indicated they are in agreement with that. Leskinen stated if the applicants could make the argument that it meets the intent of the code but not the letter of the code, she could live with that. Birkeland asked if he can amend his practical difficulty statement tonight. Landgraver stated he would rather the City Council have something in writing. Birkeland stated the main reason they wanted to do it the way they proposed is because a house could not be built otherwise to get a view of the lake. Birkeland stated he does not believe he wrote the practical difficulty statement that way but that he will have to review his document. Thiesse stated the options are to either table it or recommend denying it,at which point they can modify their practical difficulty statement prior to the City Council meeting. Barnhart noted it would be on the April 10 agenda. Birkeland stated that would be the thing to do then. Lemke asked if the practical difficulty test has to be met. Thiesse stated it does and that economics is not the key factor in determining whether there is a practical difficulty. Landgraver moved,Leskinen seconded,to recommend denial of Application No. 17-3912,Bruce Birkeland,PID 07-117-23-31-0028,for the reasons discussed. VOTE: Ayes 5,Nays 0. 8. 17-3914 PHILLIP AND DARCY OTTO,4116 HIGHWOOD ROAD,VARIANCE,8:38 P.M.—8:42 P.M. Page 22 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Phillip and Darcy Otto,Applicants,were present. Curtis stated the applicants are proposing to expand the main floor of their home on the northwest with a 16' x 16' upper level addition to be constructed on posts. It will not encroach closer to the side lot line than the home currently is and,in fact,will be located further away. The home is set back three-tenths of a foot from the lot line. With the proposed offset,the addition to the rear of the home will be as close as three feet from the lot line where a 10-foot setback is required. Staff finds that the nonconforming location of the house and the angled lot lines result 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. Planning Staff recommends approval of the variance. Curtis noted comments were received from the neighbor and are included in the packet. The Planning Commission had no questions for Staff. Phillip Otto,Applicant,stated the most level spot to put an addition off of the back of the house would be the west side,which would be the right side on the overhead. Otto indicated they will not be finishing the lower level but will just be using the footings. Otto stated the proposed location is basically the only spot for an addition. Chair Thiesse opened the public hearing at 8:41 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:41 p.m. Landgraver moved,Leskinen seconded,to recommend approval of Application No. 17-3914,Phillip and Darcy Otto,4116 Highwood Road,granting of a side yard setback variance. VOTE: Ayes 5, Nays 0. 9. 17-3915 LECY BROTHERS ON BEHALF OF CHARLIE AND NORA DAUM, 1920 FAGERNESS POINT ROAD,VARIANES,8:42 P.M.—8:53 P.M. Andy Johnsrud,Lecy Brothers,was present. Gaffron stated the applicants are requesting approval of variances to the required lot area,the 0-75 foot hardcover, street setback, and lakeshore setback,in order to construct a new residence to replace the existing residence on the property. The property is located on the south side of Fagerness Point Road and the existing survey depicts the current house. The applicants submitted an application in 2016 for variances needed to construct an addition that was built in 1071. Due to water issues,it was determined a total rebuild would likely be necessary. Gaffron noted those conditions are illustrated in some photographs provided by the applicant. As a result of the water issues,the elevation of the home will need to be raised and a total rebuild is necessary. Page 23 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. The current application proposes completely replacing the existing house with a new structure in approximately the same location and with a similar footprint. The new home with a full story above the garage will increase the livability of the property while not adding to the hardcover or to the structural coverage percentage. Structural coverage for the lot is well below. The proposed hardcover is 17.5 percent,which will all be located in the 0-75 foot zone except for a small portion of the driveway. The proposed street setback for the house is 20 to 22 feet,with an entry porch proposed to be located 18.1 feet to the street. The lake setback is proposed at 34.8 feet,which is greater than the 32-foot lake setback for the existing home. No average lakeshore setback is necessary since the existing house to the south has a deck that is closer to the lake than any parts of this house would be. The size,shape and orientation of the lot in relation to the lake make 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 was granted in 1981 to allow 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. The applicants are not proposing a deck as part of the new home application but a grade-level patio that is similar to the existing patio is proposed. The close proximity to the lakeshore as well as the substandard setback to the street is clearly a function of the lack of lot depth from the street to the lake.This factor is shared by the two adjacent homes to the immediate south. The 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. Staff would note that the house across the street sits significantly higher than the applicants' house so that the lake views enjoyed by that off-lake owner will be minimally affected. Gaffron indicated he is not sure whether the large trees will need to be removed. Staff recommends approval of the requested variances. If the Planning Commission determines that the practical difficulties test is met,then a recommendation for approval would be in order. Landgraver asked if the house is being elevated to get out of the water. Gaffron indicated that is correct. Schoenzeit noted this is a total rebuild. Gaffron stated it is a tear down but they will not be utilizing the existing foundation. Gaffron noted the home will not have a basement. In an effort to meet the intent of the code,the applicants are proposing essentially the same footprint. Leskinen stated it is basically being rebuilt in kind but higher. Gaffron stated the applicants are also proposing to add a second story to the garage. Thiesse noted both of the trees are shown on the applicants' plans as staying. Thiesse asked whether those trees can be removed without a variance. Gaffron indicated the applicants would need to get permission from the City but it would not require a variance. Gaffron stated it is likely those trees would need to be replaced if they are removed. Page 24 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Andy Johnsrud,Lecy Brothers,stated this project was started last fall. They are a growing family with the existing home's footprint being approximately 1200 square feet and no basement. Initially the property owners looked at remodeling the home and adding an addition over the existing garage. As the project went on,two major issues were discovered. The water is the first major issue,which remodeling will not fix. Johnsrud stated the other option was to ask the City to lower the elevation of the street,whch is not feasible. The other issue was discovered from the soil borings. There are currently no pilings under the home and there is approximately seven to eight feet of peat dirt under the home. The house is currently floating right now. Johnsrud stated their recommendation to the homeowner was to put pilings in the ground to hold up the new foundation. Between the water and foundation issues,it was felt it would be better to tear down the existing house and rebuild. Johnsrud stated they did the best they could to stay within the existing footprint. The proposed location is actually two feet further away from the lake and two feet closer with the front porch area,but otherwise the proposed house footprint is really consistent with what currently exists. Johnsrud stated they are not proposing to construct a deck on the second story currently. Johnsrud indicated he also has pictures that depict the other two properties on the same side of the street that have a similar design. Thiesse asked if they intend to keep the two trees. Johnsrud indicated they do. Thiesse encouraged the contractor to consider installing a rain garden. Chair Thiesse opened the public hearing at 8:53 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:53 p.m. Landgraver noted it is not exactly the same footprint but the applicants have demonstrated that they will be improving some of the current variances. Landgraver stated the neighbor's house across the street is also higher and their views of the lake will be minimally impacted. Leskinen indicated she is in agreement with the request. Lemke moved,Leskinen seconded,to recommend approval of Application No. 17-3915,Lecy Brothers on behalf of Charlie and Nora Daum, 1920 Fagerness Point Road,granting of lot area, hardcover,and setback variances. VOTE: Ayes 5,Nays 0. 10. 17-3916 PETER ESKUCHE ON BEHALF OF FORREST BURKE, 1020 TONKAWA ROAD,VARIANCES,8:53 P.M.—9:03 P.M. Peter Eskuche,Applicant,and Sven Gustafson,Stonewood Development,were present. Page 25 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Curtis stated the owner is planning to redevelop the property and would like to construct a new home with a lakeside terrace. The existing home improvements will encroach as much as 11 feet lakeward of the average 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 toward the lake. The home on the north side sits higher than the applicant's property and is situated further back from the lake than the majority of the neighboring homes along the shoreline. The lot is only 100 feet in width where 140 feet is required. Because the applicant is requesting an average lakeshore setback variance,the lot width variance cannot be administratively approved. Comments from the neighbors were received and are supportive of the project. Staff finds there are practical difficulties supporting the lot area and lot width variance as well as the average lakeshore setback variance requests. Planning Staff recommends approval. The Planning Commission had no questions for Staff. Peter Eskuche,Applicant,stated the house is further from the lake than the homes on the other adjoining properties. The property to the north was constructed approximately 100 feet from the lake,which makes it out of context with the rest of the neighborhood. Eskuche stated the red line outlines the existing home,which is quite a bit closer to the property to the north and the lake than the proposed home. Eskuche stated they are attempting to meet the intent of the Code but that it is difficult since the location of the home to the north is unusual. Thiesse noted those property owners did write a letter in support of the project and the location of the proposed home. Thiesse asked if there will be a new driveway. Eskuche indicated there will be. Gustafson noted it is currently a shared driveway with the property to the north. Thiesse asked whether that neighbor will be able to use the old driveway. Gustafson stated there is no plan to move the driveway at this point and it is to be determined. Chair Thiesse opened the public hearing at 8:58 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:58 p.m. Schoenzeit asked if the Planning Commission would approve this if the neighbor to the north said they were not supportive of it. Page 26 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse stated the intent of the ordinance is to protect the person's lakeshore views and they have given that right away so it is a nonissue. Schoenzeit stated if they had not agreed to this project,the discussion tonight would be different. Thiesse agreed the discussion would be different. Schoenzeit commented it is important that the Planning Commission is respectful when there is a sightline change and take the neighbors' comments into consideration. Leskinen noted the applicants are replacing the existing home and that they have pulled it back from the lake. Thiesse pointed out the applicants are also proposing an elevated deck. Thiesse stated the letter from the neighbor made the sightlines a nonfactor for him. Landgraver stated the fact that the neighbor is okay with the project was a deciding factor for him. Leskinen moved,Landgraver seconded,to recommend approval of Application No. 17-3916,Peter Eskuche on behalf of Forrest Burke, 1020 Tonkawa Road,granting of an average lakeshore setback variance and a lot width variance. VOTE: Ayes 5,Nays 0. 11. 17-3917 JAMES AND VICKI SPLINTER,4005 NORTH SHORE DRIVE,VARIANCES, 9:03 P.M.—9:24 P.M. James Splinter,Applicant; Craig Sherber,Project Manager; and Clayton Johnson,Yard Scapes; were present. Curtis stated the applicants have applied for variances in order to construct a new single-family home and an in-ground swimming pool on the property. The variances consist of side street setback and average lakeshore setback variances for the home and the pool. Because the property does not conform to the LR-1B standards,lot area and lot width variances are also requested. The applicants are proposing to construct a new home 16 feet from the side street property line. The pool is proposed at 20 feet where a 35-foot setback is required for both. The average lakeshore setback line is 141 feet from the lake as determined by the location of the applicant's home on the neighboring lot to the west. The proposed pool with elevated patio is situated approximately six feet above grade and will be set back 75 feet from the lake and 66 feet ahead of the average lakeshore setback line. The proposed home will be 98 feet from the lake and 43 feet lakeward of the average lakeshore setback. There were a number of issues outlined in the Staff report regarding driveway dimensions and minimum requirements as well as proposed work within the Hennepin County right-of-way and privacy fencing. The Planning Commission should discuss these issues with the applicant's representative and direction should be given and revised plans should be submitted. Comments from the neighbors were submitted and have been distributed to the Planning Commission. Staff finds that there are practical difficulties inherent to the lot shape, size,location on both the shoreline and North Shore Drive which support the granting of reasonable variances. Page 27 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Staff recommends approval of the requested variances conditioned upon submittal of a landscape plan and satisfactory resolution of the following site plan issues: 1. Driveway compliance; 2. Submittal of revised hardcover calculations; 3. Privacy fence; and 4. Retaining wall engineering. Curtis read the following e-mail into the record: "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." Thiesse asked what kind of property Hennepin County has and whether it is 20 feet from the edge of the bituminous to the right-of-way. Curtis indicated it is approximately 20 feet and that there is room to construct a shoulder if they choose. Craig Sherber,Project Manager, stated the driveway is still a work in progress and they have not met with Hennepin County yet. Thiesse asked if the applicant understands he has requirements he needs to meet with respect to the driveway. Sherber indicated he does. Curtis noted Staff's issue with the driveway is that the width within the right-of-way exceeds 20 feet. Curtis stated even if the County were to allow the extended backup area,the City would not allow it. Sherber indicated they can work with those restrictions. Curtis stated an additional driveway concern is that a driveway is required to meet the minimum standards up to every garage door. Clayton Johnson,Yard Scapes,stated he has been working on the landscape plan for the property. Thiesse asked if the applicant is aware of the changes being requested by Staff. Sherber stated they are and that they would like to work with Staff on any necessary revisions. Sherber asked if it would be necessary to come back before the Planning Commission. Page 28 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse stated in his opinion they are looking at variances, and as long as they meet the requirements of Staff before to going before the City Council,he would be okay with that. Leskinen indicated she also would be okay with that. Chair Thiesse opened the public hearing at 9:10 p.m. Carlos Lopez, 1570 North Arm Drive,stated the house was built approximately 100 years ago and that they also own the $2 million home next door to this one. Lopez stated in his view the house would be grandfathered in. Lopez stated when he spoke with City Staff,they indicated the applicant did not have any variances for the$2 million house they currently own. Lopez stated anybody who would purchase this house at 4005 North Shore Drive would have to set the house further back from the shoreline than it currently sits right now. Lopez stated assuming the house is grandfathered in,they should not be able to go closer to the shoreline and they have to build within the footprint and square footage of the current house. Lopez noted the applicants want variances for a side yard setback and a 6-foot privacy fence,which he is opposed to,on the county line. Lopez noted he submitted a written statement outlining his concerns. Lopez stated he does not mind if they tear all the trees down on the county line side but that he would then not want other trees to be transplanted onto that property along the county property. Lopez stated with them applying for variances in pretty much every direction of the house, it will block his view of the lake. If they build this house,he will no longer have a view of the lake,and they should not be allowed any variances. Lopez stated they already have a$2 million house and that he is not sure if this is considered an accessory dwelling or whether a minimum square footage is required or whether a garage/pool structure can be 90 percent garage and 10 percent house. Lopez stated he would appreciate any information the Planning Commission could give him regarding the project and the rationale for any variances. Thiesse noted this is an individual property whether owned by the neighbor or not and that they have a right to construct a structure on the property and that they are requesting some variances in order to build it. Thiesse stated there is a current structure on the property and the City has to allow another structure to be built. Curtis confirmed that it is a lot of record. Thiesse stated the Planning Commission cannot deny them a house. Lopez stated he is not saying that but that this house is grandfathered in and they should not be allowed to build any closer to the shoreline than the existing structure. Thiesse noted they are outside the 75-foot setback line by quite a bit. Curtis displayed the survey on the overhead. Curtis stated the deck comes out to the edge of the 8' x 20' piece and the house foundation is the square-rectangle piece. Curtis noted the stairs for the deck are at 82 feet. Thiesse stated the house would be 96.1 feet. Page 29 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Landgraver noted the house is being pulled back but the pool will be closer to the lake. Thiesse stated the pool would still be outside the 75-foot setback. Thiesse stated as far as Mr. Lopez's property,to his understanding his views are not protected since his property is not lakeshore. Thiesse stated the people who own lakeshore properties have the ability to build on their lots. Thiesse stated while it would be nice that they take into consideration Mr. Lopez's views,they are not obligated to. Lopez asked if the 6-foot privacy fence is allowed on the side lot line. Thiesse stated it would be allowed if it meets the City's standards. Lopez asked if he is saying that he has no say in whether they get a variance. Lopez stated he does not mind if they construct a house on the property but that the height of the roof will exceed what is currently there. Lopez stated presently the yard slopes down toward the road and they will backfill with dirt and raise the elevation of the proposed house. As a result,it will be a pretty tall house. Thiesse stated Mr. Lopez does have the ability to come forward at the Planning Commission and state his concerns. Thiesse noted the maximum height of the house is limited to 30 feet and that the applicants could propose a rambler that is 17-foot tall or put in a house that is 30 feet tall. Lopez asked if he basically has no say on the variances. Thiesse stated if the applicants can show a practical difficulty and it seems to reasonably meet the intent of the law,the variances would likely be granted. Lopez commented that he does not feel a$2 million house is a reason to allow a summer pool house. Chair Thiesse closed the public hearing at 9:18 p.m. Thiesse stated he sees the privacy fence as a practical difficulty given the county road and the headlights shining at this house as cars come around the corner. Curtis noted the applicants are permitted a fence as long as the fence is located within their property. Curtis stated as it is shown,the fence does cross into the County's property to the east. Landgraver asked what the elevation of the pool and terrace is. Curtis indicated it is approximately six feet higher than existing grade due to the tiered walls. Curtis noted the City Engineer did review the plans and that the applicants are essentially building an elevated structure. Curtis stated the pool is a structure within the average lakeshore setback,and the height of the patio,even without a pool,would require the requested variance. Schoenzeit stated the Planning Commission listens to all the comments and apply them when appropriate, but when you look at the applicant's request and the code,they are reasonable requests and use of the property. Schoenzeit stated the City's Code does not provide non-lakeshore neighbors protected sightlines of the lake. Page 30 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Landgraver stated given the project manager's willingness to comply with Staffs recommendations,he believes this is a good use of a difficult lot. Landgraver noted the applicants are pulling the house back, which reduces the massing near the lake even with the pool,and that he tends to be supportive of the application. Lemke commented he sees it as a reasonable request. Leskinen stated it is a reasonable request and complies with what the City requires. Leskinen noted the City has standards that the Planning Commission has to meet in order to either deny or grant a variance. Leskinen stated if someone comes in and can show the practical difficulties of a particular property and meets the criteria and intent of the code,the Planning Commission cannot arbitrarily deny it. Leskinen stated in her view it is reasonable and well presented. Lemke moved,Leskinen seconded,to recommend approval of Application No. 17-3917,James and Vicki Splinter,4005 North Shore Drive,granting of side street and average lakeshore setback variances,subject to Staff recommendations. VOTE: Ayes 5,Nays 0. 12. 17-3919 AMIR AND ASHLEY MEHBOD,2625 NORTH SHORE DRIVE,VARIANCE, 9:24 P.M.—9:30 P.M. Andy Anderson and Kareem Radom were present on behalf of the applicants. Curtis stated the applicant's home was initially constructed in the 1920s and has been remodeled over the years. The existing home is located 30 feet from the lake. The applicants are requesting a lake setback variance in order to construct a small 8' x 29.5' addition to the home 64 feet from the ordinary high water level. It would add 93.2 square feet of hardcover in the 0-75 foot zone. The hardcover property calculation is below 25 percent. The majority of the home is within the 75-foot setback accounting for 3,700 square feet or 4.3 percent of the site's hardcover. Both of the adjacent neighbors are aware of the request and the property owner to the east has provided additional supportive comments that were included in the Planning Commission's packet. Staff finds the practical difficulties inherent to the existing home's location and its current proximity to the lake support the requested variances. 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. Thiesse asked how old the survey is. Kareem Radom stated to his recollection the survey was done in 2015. Andy Anderson,Builder,stated the property owners are currently out of town. Anderson indicated they wanted the addition to look authentic instead of a little knob off of the side. In order to do that,the addition ended up encroaching into the lakeside slightly. Anderson noted the addition is not very visible from the lake,but in order to keep the addition consistent with the original roofline,it had to be situated this way. Thiesse noted one of Staffs recommendations was screening and asked if that is reasonable. Page 31 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Curtis stated the existing vegetation on the east side of the home will be removed because the addition will be built in its place. As a result, Staff is recommending the addition be screened from the lake. Anderson stated that is reasonable. Chair Thiesse opened the public hearing at 9:28 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 9:28 p.m. Thiesse commented the application seems to be pretty straight forward. Landgraver stated given the distance between the homes,he is okay with the request. Leskinen moved,Lemke seconded,to recommend approval of Application No. 17-3919,Ashley and Amir Mehbod,2625 North Shore Drive,granting of lake setback and 75-foot hardcover variances, subject to Staffs recommendation for screening. VOTE: Ayes 5,Nays 0. (Recess taken from 9:30 p.m.to 9:37 p.m.) 13. 17-3920 CITY OF ORONO,TEXT AMENDMENT: SURVEY REQUIREMENTS Barnhart stated in the review process of the City's projects,whether it is a building permit or accessory building permit or a planning application,the City requires a certified plan by a licensed architect,a surveyor or engineer. Barnhart stated in some cases that is appropriate but sometimes it results in additional time and expense. The draft ordinance removes the requirement of a survey and instead requires a site plan or a certified site plan. Barnhart stated a site plan shows the proposed improvement and a survey represents what is there on the property. The City requires a plan showing what the person is proposing to do on their property. Barnhart stated if someone is doing a project that requires grading, the City will require a certified site plan. The plan helps provide a certain amount of confidence in the project. The draft ordinance is intended to revise the permitting requirements for projects,such as accessory structures,in Orono reducing unnecessary steps and expense in getting a project approved. In those situations the ordinance is requiring a site plan to illustrate what is being proposed,the location of the improvement in relationship to the property line,the house, and other features of the property. That information is used in the review process to determine if variances are required. 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 is to make decisions on site plans but may refer these to the City Council. Under this change,City Staff would review the permitted and accessory uses and a public hearing is not required. Page 32 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Section 4 removes most 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 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. Barnhart noted Section 78-144 on Page 3 of the ordinance relates to an application for site plan review. Thiesse asked if there is a need to be more specific on the specific forms being used by the City. Barnhart stated he does not believe so and that the use of the term forms allows Staff more flexibility to change the forms. Barnhart stated the required information could change based on the project. Schoenzeit stated if someone was putting a shed on the 10-foot setback,without a survey or markers from a surveyor,they would be guessing where that setback is. Schoenzeit asked what the recourse would be if the shed is in the wrong spot. Schoenzeit stated he has some concerns that the placement will not be correct and that it could encroach into the setback if the distance is not properly determined. Schoenzeit stated perhaps they should require that it be placed at 120 percent of the setback. Barnhart stated if Staff is reviewing a site plan for a shed and the applicant indicates they will retain a 10- foot setback, it would be permitted by the City. The property line would need to be identified by the applicant or his builder. Barnhart stated in that situation,they might lose a little bit of accuracy,but the City approved it at 10-feet and not at any other distance. Barnhart stated if evidence is submitted that shows the shed is in an incorrect position,the person must move it. Barnhart stated in his view that will only happen in a few cases,but the Planning Commission and City Council will need to decide whether that is acceptable. Schoenzeit stated with a$500 shed from Menards or Home Depot,you should not necessarily need a $3,000 survey,but that someone should not be able to put it right on the 10-foot line since they are guessing and that perhaps the City should require it be located at 12 feet. Barnhart stated there could be some sort of sliding scale of how close it is to a setback line but he chose not to go that route since it adds more layers of regulation. Barnhart stated he is not confident there is a lot of benefit to that but he is open to comments from the Planning Commission and City Council. Landgraver stated the issues likely will occur on the smaller lots where people are attempting to maximize their space and there will be selective interpretation of where the property line. Landgraver stated if the City receives a number of complaints,that will alert the City of that issue and it can be modified,but that he is willing to give the person the benefit of the doubt. Barnhart pointed out the City Administrator may require a survey to verify property lines for those types of situations, especially if the project is bigger in scope. Page 33 of 43 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse commented that is a good idea. Thiesse stated if the person is proposing something right up to the setback line,the City should perhaps require a survey. Schoenzeit stated there could also be a statement that the applicant is responsible for locating it in the correct spot and that they may still need a survey or they will have to move it at their expense if it is in the wrong spot. Schoenzeit stated the issue is that the City is not always diligent with their enforcement. Thiesse stated he understands what Commissioner Schoenzeit is saying,but that the City has required in the past structures to be moved if it is in the wrong location. Schoenzeit commented with this permission comes some responsibility. Schoenzeit stated in his view it will happen and that it goes back to pitting neighbor against neighbor. Schoenzeit stated in his view it is crazy to ask for a $3,000 survey for a$500 shed,but at the same time,a person still has to put it in the right spot. Thiesse stated this gives them permission to put it in the right spot,and if it is not in the right spot,it would need to be moved. Lemke asked what would happen if they place it eight feet from the property line,there is no survey,and the neighbor complains. Lemke asked whose responsibility it would be to prove that the shed is not in the proper location. Thiesse commented it would be in the proper location until proven otherwise. Barnhart stated he would ask the person who registers a complaint where he feels the property line is. If that differs from what the other property owner says,it then it becomes a dispute between Property Owner A and Property Owner B. If it turns out that Property Owner B is correct,the shed would need to be relocated. Lemke stated the only way to prove that would be for someone to obtain a survey. Thiesse stated the City is only allowing a shed at a specific location but they are not getting involved in where the property line is. Thiesse stated requiring a survey for everything is time-consuming and expensive and a lot of times unnecessary. Thiesse stated if the structure has a permanent foundation,it is a different story in how easy it can be moved. Barnhart stated that could happen now with surveys and that it is something that will have to be dealt with. Barnhart indicated Staff is attempting to have a balance between the 100 cases where it is not a problem with the two cases where it is a problem. Barnhart stated more inaccuracy is introduced with less time and expense. Thiesse stated he is willing to try it. Leskinen commented it puts some responsibility on the applicant,which is where it should be. Chair Thiesse opened the public hearing at 9:54 p.m. There were no public comments regarding this application. Page 34 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Chair Thiesse closed the public hearing at 9:54 p.m. Thiesse noted on Page 2 of 2,it talks about Section 3. Thiesse asked if that is similar to Section 78-144. Barnhart stated under Section 78-14, starting at Line 82 of the draft ordinance,there are two processes for site plan review. A site plan review in the existing code is primarily commercial and industrial districts, such as the Lund's expansion and the Freshwater Business Center. Basically that is a permitted use and Staff reviews the plan to make sure that the code is being met. Currently the code says that the planning and zoning district can make a decision on relatively minor changes to a site plan. If it is a new building,the City Council would need to approve those through a public hearing process. Barnhart stated that is proposed to be changed in the draft ordinance to allow Staff to approve a site plan for a permitted use in industrial and commercial properties. Since it is a permitted use,the Planning Commission or City Council does not have a lot of discretion in approving it since it basically is already allowed by code. If any part of the code is not met,a variance would be required. A conditional use permit would also go through the current review process. Thiesse stated managing expectations is big,but if people do not get a chance to address things,in his view it is a perception of less transparency. Barnhart noted the Planning Commission does not review house plans,which is the same thing. An argument could be made that they impact more residents but the Planning Commission does not review house plans unless they require a variance. Barnhart stated that is the same process that Staff is proposing for the commercial and industrial districts. Landgraver noted starting at Line 140 it talks about monuments. Landgraver noted the Planning Commission recently had a situation where the monuments were constructed and the citizen indicated that they did include the monuments on the landscaping plan that the City reviewed. Landgraver asked what the language regarding monuments relates to. Barnhart stated the draft ordinance would make monuments similar to any other accessory structure. Barnhart stated the code currently requires a survey for a monument and the draft ordinance removes that requirement and instead requires the property owner to identify the corner markers. Schoenzeit asked what would happen if it was a new project. Thiesse commented there would be a certified site plan. Barnhart stated that house would require a certified survey under the ordinance just like it did three months ago. Barnhart stated the challenge in that situation was that the contractor did not show the monuments on the survey and made the decision later to add the monuments. As an accessory structure, the City would not require a new survey for the monuments. Barnhart stated the certified site plan can be modified without a survey. Landgraver asked how the City will determine if this is successful going into the future. Barnhart stated if Staff starts receiving negative comments about the impact to the neighborhood or things like that,it would cause concern. If the City needs to spend more time on code enforcement,that would Page 35 of 43 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. also be an indication that the City will need to look at it again. Barnhart stated in his view there will be more successes than failures. Thiesse noted this is not going to reduce Staff's work load. Barnhart stated it will also reduce the amount of Staff time needed to obtain a survey from an applicant. Landgraver stated an increase in after-the-fact variances would also be an indicator. Landgraver moved,Leskinen seconded,to recommend approval of Application No. 17-3920,City of Orono,Text Amendment: Survey and site plan requirements. VOTE: Ayes 5,Nays 0. 14. 17-3921 CITY OF ORONO,TEXT AMENDMENT: ESCROW AGREEMENTS AND FINANCIAL GUARANTEES, 10:03 P.M.—10:12 P.M. Barnhart stated this ordinance primarily deals with financial guarantees associated with projects and with escrow agreements. Escrows are authorized by City Code Sections 79 and 75. Section 75 deals with expenses incurred during the development review and Section 79 deals with erosion control. The City has a land use review process and a building review process. In land use applications,the City collects an escrow to help guarantee that the city engineer,consulting engineer,and consulting attorney's fees are paid and that the taxpayers do not have to pick up the costs. Barnhart stated on the building side,there are erosion control requirements,such as maintenance of erosion control measures,which are separate from the normal things that are included in the City's development agreement and subdivision process. If someone is building a new pool or anything that digs up the ground,the person provides an escrow that guarantees that that will be maintained. In the event it is not maintained, the City would deploy resources to clean that up and then bill the property owner. In the event the applicant does not pay those costs,the City would use the escrow. Barnhart noted he made some modifications to the draft ordinance and that a new draft is before the Planning Commission tonight. Based on the advice of the City Attorney, Staff would like to clarify Section 45. The proposed next text goes from Lines 37 through 44 and is intended to modify and clarify the City's existing deposit rules and regulations. Barnhart stated the idea with the ordinance is instead of having a separate escrow agreement document,the City will take that key language and include it in the land use application or the development agreement with the goal of making the process somewhat simpler for the applicant. Also as part of the draft ordinance review Staff has removed the portion relating to security agreements. Chapter 78-147 of the ordinance deals with the site plan process. If someone were to obtain site plan approval to construct a commercial building,the person would be required,based on the code,to provide to the City 125 percent of the estimated costs for those improvements. Barnhart stated that implies the City is going to do something with that money,such as finish the work,and the City is not going to finish a commercial project. Barnhart stated what the City will do is stabilize the site so erosion is not an issue and safety issues are addressed. Barnhart stated the draft ordinance removes that requirement for a security agreement for a site plan. Staff is not proposing with doing away with escrows at this point but is merely recommending eliminating the need for an escrow agreement. Page 36 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse asked why that would not be included under the collection of unpaid service charges instead of requiring an escrow. Thiesse stated the unpaid amount could be applied to the taxes on the property. Barnhart stated that is certainly a valid option. Barnhart stated it is his understanding the City Council will be looking at escrows in the near future and that might be a solution. Thiesse stated the City is basically holding a lot of money that they may or may not use. Thiesse noted he does not know how much money is returned after the project is done,but that perhaps the City should trust the applicant to do the project correctly and then levy the fees against their taxes if something needs to be corrected by the City. Barnhart stated if that is the consensus of the Planning Commission,he can recommend that to the City Council as long as the City Attorney feels there are sufficient safeguards to allow the City to do that. Barnhart stated he still sees some value to requiring an escrow on certain projects but perhaps some additional language could be added to the final draft of the ordinance. Landgraver commented an escrow allows for a lot more skin in the game on the part of the developer or applicant. Landgraver indicated he is not ready to eliminate escrows at this point. Schoenzeit stated it also depends on the stage of the project,such as the occupancy stage versus the permitting stage. Thiesse asked why there is an as-built survey required and not a final certified site plan under Section 86-68. Barnhart indicated Staff kept the same nomenclature that is currently used. Barnhart noted Staff did remove a paragraph regarding the certificate of occupancy. If the property owner wants that certificate of occupancy before the as-built is completed,they will need to provide a security deposit. Barnhart stated the Development Review Committee will be looking at ways to address temporary certificates of occupancy but that the draft ordinance still requires an as-built survey but removes the leniency the City has to allow temporary certificates of occupancy. Thiesse commented there is the possibility that the City will not allow someone to move into their house in February if the land has not been grade and a survey cannot be done. Barnhart indicated Staff has not applied the language that way and that Staff will allow people to move in but that a deposit will be required. Barnhart stated that can always be changed later and that it basically encompasses Lines 28 through 30. Thiesse stated he would like to contemplate leaving some of that in since there are weather factors that may not allow someone to complete their as-built survey. Chair Thiesse opened the public hearing at 10:11 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 10:11 p.m. Page 37 of 43 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Landgraver moved,Leskinen seconded,to recommend approval of Application No. 17-3921,City of Orono,Text Amendment: Escrow Agreements and Financial Guarantees, and retaining the language in Lines 28-30. VOTE: Ayes 5,Nays 0. 15. 17-3923 CITY OF ORONO,TEXT AMENDMENT: SUBDIVISION EXEMPTIONS, 10:12 P.M.—10:21 P.M. Barnhart noted last year the City adopted a new ordinance that related to boundary line adjustments. When someone has a common boundary line between two lots and a new lot is not being created, Staff can certify that that is exempt from the City's subdivision ordinance. The caveat is that both lots need to meet the minimum lot size requirements. Barnhart noted the Planning Commission saw an application last month where one lot was made bigger as a result of a lot line rearrangement but they required a variance since the lot was located in the two-acre zone. Barnhart noted this does not give Staff the authority to certify a lot line rearrangement where it creates a nonconforming situation nor does it give Staff the authority to move a lot line closer to an existing structure where a nonconforming situation is created. The ordinance would allow Staff to certify a modification of common lot lines on basically two nonconforming lots but that Staff cannot certify nonconforming lots. Barnhart stated the ordinance would allow certain land activities to be exempted from the City's subdivision ordinance consistent with state statute. Barnhart stated one deviation from State Statute 462.352, Subd.12,is that the City added the requirement that 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 to increase the lot area. Schoenzeit stated if both lots start out as nonconforming and one neighbor purchases a pad for a shed, they will still both be nonconforming. Schoenzeit asked whether a lot could be made more nonconforming and be certified by Staff. Thiesse noted the draft ordinance just applies to a lot line rearrangement. Barnhart stated they would not be allowed to create any new non-conformities. Schoenzeit asked if it is possible to do if both lots were under an acre and one of the property owners sold land to a neighbor but both lots still are under an acre. Gaffron stated the language would need to say something other than creating new nonconformity. Barnhart stated he listed the following four criteria that would need to be met: 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 Page 38 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. 4. Is an adjustment of a lot line by the relocation of a common boundary and no new nonconformities are created. Barnhart stated in speaking with the City Attorney,he and Staff felt comfortable with the proposed language. If the Planning Commission would like to specify that no existing nonconformities will be increased,that could be added. Schoenzeit noted that would not allow a situation where one lot is made bigger since it would increase the nonconformity even though both lots would still remain nonconforming. Schoenzeit stated the property owners would need to swap equal adjustments of land in order to not become more nonconforming under that language. Thiesse stated if the lot is already nonconforming in size,making the lot smaller would not be a new nonconformity. Leskinen questioned whether increasing the nonconformity should be treated the same as creating a new nonconformity. Leskinen stated in her opinion that is splitting hairs too much. Barnhart suggested the following language be added: "No new nonconformities are created or an existing nonconformity is increased." Barnhart stated he does not want to be in a position where he has to adjust a lot line resulting in one of the lots becoming smaller. Barnhart noted that could result in a zig-zagging of lines. Chair Thiesse opened the public hearing at 10:20 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 10:20 p.m. Lemke moved,Landgraver seconded,to recommend approval of Application No. 17-3923,City of Orono,Text Amendment: Subdivision Exemptions,with the additional language suggested by Staff. VOTE: Ayes 5,Nays 0. 16. 17-3924 CITY OF ORONO,TEXT AMENDMENT: REPEAL OF CONDITIONAL USE PERMIT, 10:21 P.M.—10:30 P.M. Barnhart stated the City Code includes a provision that gives neighbors the authority to petition the City Council. The current language reads"Upon petition of 75 percent or more of the adjacent property owners as those whose property lies within 1000 feet of the property subject to the conditional use permit, the Council shall hold a public hearing on the continuation of the permit." The City Attorney has recommended that there is no authority in state statute to open up an existing, conforming,lawfully operating conditional use permit. The objective with the draft ordinance is to remove that section from the code because in theory it could give a resident false hope that some action could occur. As a result,the City Attorney has recommended the following language: Page 39 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. "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 and/or conditions imposed." Barnhart stated the language would basically allow the City to review where required by the courts or if the property allows the City to review the conditional use permit but it removes the false hope that the residents can impact a lawfully operated conditional use permit. Barnhart noted once the City issues a conditional use permit,that permit goes with the land regardless of who owns or operates the land until the land is abandoned. Landgraver asked why the sentence following the proposed language was struck. Barnhart stated the City Attorney recommended replacing it with the new language since it more accurately reflects state statute. Landgraver stated he is attempting to relate it to an interim use permit. Landgraver asked if it is saying that the City does not have the right to do periodic reviews of a conditional use permit. Barnhart stated an interim use permit is basically a conditional use permit with a timeline. The same standards that are reviewed for a conditional use permit are basically the same standards that would be reviewed with an interim use permit but the interim use period would elapse after a period of time. Barnhart stated if the City grants someone the ability to have an interim use permit for four years,the City would not necessarily be able to review that use every year unless the property owner agrees to the review. Barnhart stated the City would have to allow the person to operate under the interim use permit during that time unless there is a reason to go in and review it. Barnhart indicated interim use permits are an important tool to use in a transitional area where the use is not felt to be appropriate long-term or a permanent use. Landgraver stated he was struggling with how that relates to an interim use permit if the City decides to allow them. Landgraver stated under the proposed language the City would not have the right to review a conditional use permit unless ordered by the court or the property owner agrees to it. Barnhart stated the first three lines most directly reflect the authority given to the City by the State. Barnhart indicated the City has some rights under state statute,which are reflected in the draft ordinance, but if the Planning Commission recommends the second red portion be kept,he would not recommend against it. Schoenzeit stated if the City can legally keep that language,it would be a nice tool to have. Thiesse commented it appears the City is giving up some of their perceived rights whether they exist or not. Thiesse stated he would like the City Attorney to look at it again to verify whether the language could be drafted a little more in the City's favor. Landgraver stated it could be a tool to say that the City will check back in after a year or two,which could help placate concerns and build up trust,and that they should try to keep that language. Landgraver stated if the City does not have that right,then they cannot exercise it. Page 40 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Leskinen noted the language reads that conditional use permits shall not be subject to periodic Council review. Leskinen stated the first sentence allows the City to reserve the right to inspect the premises. Lemke stated even if that language is left in,the City would still not have that right under state statute. Landgraver stated the sentence also goes on to say, "...unless such a review is one of the conditions of the original permit..." Landgraver stated it does not appear the City has the right to conduct periodic reviews. Thiesse stated unless they are in violation of their conditional use permit. Landgraver stated if the City has the right to conduct periodic reviews,the City should retain that right. Barnhart indicated he will ask the City Attorney to review those two sentences to see whether the City can retain or clarify any rights the City may have. Thiesse stated he would like the City Attorney to confirm that. Chair Thiesse opened the public hearing at 10:28 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 10:28 p.m. Thiesse stated he would like the City Attorney to review it one more time but that it does not have to come back before the Planning Commission. Leskinen moved,Landgraver seconded,to recommend approval of Application No. 17-3924,City of Orono,Text Amendment: Repeal of Conditional Use Permit as draft with the recommendation that the City Attorney review the language of 78-91. VOTE: Ayes 5,Nays 0. 17. #17-3926 CITY OF ORONO,TEXT AMENDMENT: EXEMPTIONS FOR PUBLIC SAFETY SIGNS, 10:30 P.M.—10:36 P.M. Barnhart stated a strict reading of the City's sign code does not regulate traffic control or public message signs so therefore they are not permitted. The draft ordinance exempts the placement of traffic control signs,identification signs placed by a public authority,and signs placed by the city,county, state or U.S. Government. These signs are usually located in rights-of-way,but also on city, state,or government property. The ordinance in general codifies current practice. This request was initiated by Hennepin County through their Sheriffs Department since 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. Barnhart stated one of the goals of the City Council is to review the entire sign ordinance but that Staff would like to address this issue first since these signs do exist currently throughout the City. Thiesse asked if there is a reason why the language cannot just say"signs placed by public authority." Page 41 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Barnhart stated that could be changed. Lemke asked if there should be any distinction between permanent signs and temporary signs. Barnhart indicated he does not want that distinction since there are some situations where a temporary 'traffic sign is appropriate. Thiesse asked if this would preclude all the realty signs placed in the right-of-way. Barnhart indicated it would. Chair Thiesse opened the public hearing at 10:35 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 10:35 p.m. Thiesse stated he is fine with the language as proposed by Staff. Landgraver moved,Leskinen seconded,to recommend approval of Application No. 17-3926,City of Orono,Text Amendment: Exemptions for Public Safety Signs,with the language being left as is. VOTE: Ayes 5,Nays 0. 18. UPDATE ON CITY COUNCIL MEETINGS: FEBRUARY 27,2017,AND MARCH 13, 2017 Barnhart reported on the following actions taken by the City Council: • Approved raising the structural coverage limit from 15 to 20 percent with elimination of decks. The Planning Commission recommended keeping it at 15 percent with elimination of decks. • Tabled the special events ordinance indefinitely. • The Council supported the ordinance regarding structures of non-encroachment but directed the City Attorney to make some modifications. That ordinance will be reviewed at the special City Council meeting on March 22. • Approved changes to the PUD Amendment. • Supported the Little Acorns daycare use at 2060 Wayzata Boulevard and directed Staff to make some changes to the resolution. • Approved the Scott Kirchner application on Heritage for a lot line adjustment. • Approved the application for a setback variance and septic variance. • Approved variances and conditional use permit for 2090 Shoreline. The Planning Commission had a comment about the stoop extending into the 75-foot zone and the applicant withdrew that portion of the application. • Approved the 3472 Lyric variance application. The builder and applicant are working together on the fence in the back yard. OTHER ISSUES FOR DISCUSSION Page 42 of 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Barnhart noted a work session is scheduled for April 5. Barnhart noted he will include on the agenda the item added this evening. There will also be a discussion on wetland regulations and small lot setback issues. Lemke asked what commissioners will be completing their three-year term. Lemke asked whether Denise's, Loren's and John's terms are up at the end of the year. Barnhart stated John's term ends this year. Gaffron stated commissioners can serve three full three-year terms. Gaffron stated if they are finishing off someone else's term, it would not count as the first term. Curtis noted they would be able to become an alternate. ADJOURNMENT Thiesse moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 10:45 p.m. VOTE: Ayes 5,Nays 0. ATTEST: John Thiesse,Chair Page 43 of 43 Item 2 Date Application Received: 10/20/16 "cLOl V Date Application Considered as Complete: 3/23/17* 120-Day Review Period Expires: 7/21/17* W*Pending Updated Wetland Delineation yF L To: Chair Thiesse and Planning Commission Members X44-EsHo��" From: Mike Gaffron, Senior Planner Date: April 17, 2017 Subject: #16-3883 Kevin Anderson/James Franzel, 800 North Arm Drive- - Preliminary Plat - Public hearing Application Summary: This is a preliminary plat for a 4-acre property proposed to be developed into 3 single-family residential lots. All lots would be served by a new private road and would be served with municipal sewer and individual wells. Staff Recommendation: Planning Commission should review the staff report as well as the submitted documentation. Hold the public hearing and accept public comments. Recommend approval with conditions or table for further information and/or revisions. List of Exhibits Exhibit A. Application Exhibit B. Prelim. Plat Drawing(4/11/17) &Prelim. Road & Grading Plan(10/19/16) Exhibit C. Sketch Highlighting Sewer Easements &Average Setback Exhibit D. Sewer As Built(Airphoto) Exhibit E. Site Airphotos Exhibit F. Conservation Design Report Exhibit G. Plat Map Exhibit H. Property Owners List Exhibit I. Sketch Plan Minutes 4/18/16 Zoning District: LR-1B One Family Lakeshore Residential District (1 acre/140' width) CMP Land Use Designation: Low-Medium Density Residential—2-3 units/acre Existing Property Area: 4.02 ac. (Wetland: 0.04 ac. Dry: 3.98 ac.) Background The property under review is on the east side of North Arm Drive,near the southeast corner of the Lakeview development. It has frontage on North Arm Bay. The property to the immediate north at 790 North Arm is also a lake lot, while the properties to the immediate south include two off- lake lots and a lakeshore lot. The west half of the property slopes gradually to the east, with steep slopes at the easterly and northerly shorelines. The area where the north lot boundary nears the lakeshore is a bluff by definition. The property contains an existing residence and a number of outbuildings, served by a 700' long driveway along the south lot line. The property is zoned LR-1B, One Family Lakeshore Residential, and is guided in the Orono Community Management Plan (CMP) for residential use. The property is located within the MUSA and is intended to be served with public sanitary sewer and private wells. 16-3883 April 17,2017 Page 2 of 7 This property was the subject of a sketch plan review in April 2016(minutes attached). The current proposal incorporates some of the recommendations from that review, including shortening of the private road and cul-de-sac length. Lot lines have been revised to create lot shapes that provide more functional and desirable buildable areas based on the existing topography. However, the result is the need for a lot width variance for proposed Lot 1 (discussed below). Lot&Outlot Areas Wetland(acres) Total Dry(acres) Total Wet+Dry(acres) Lot 1 0.01 1.52 1.53 Lot 2 0.03 1.00 1.03 Lot 3 0.01 1.06 1.07 Total in Lots 1-3 0.05 3.58 3.63 Outlot A(Private Road) 0.00 0.39 0.39 Totals 0.05 3.97 i 4.02 Conformity with the Orono 2030 Community Management Plan Update The proposed subdivision would generally be in conformity with the 2030 CMP which guides the property for low-medium density single family residential use. Conformity with Zoning District Lot Requirements The LR-1B District, allows for single family residential uses with a minimum lot size of 1.0 dry buildable acres, and minimum lot width of 140' measured at the shoreline and at the 75' lakeshore setback line. Each of the three lots appears to meet the 1.00 acre dry buildable requirement. Lots 2 and 3 each appear to meet the width requirement for lakeshore lots, while Lot 1 only meets the 140' standard at the 75' setback line. Lot width measurement for lakeshore lots is defined in the zoning code as follows: "Lot width means the horizontal distance between side lot lines measured at the following locations: (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." Applicants are requesting a lot width variance for Lot 1, which is only 100' in width at the shoreline. The reason for this request is based on the topography and desired orientation of the house on Lot 2. While there is sufficient lakeshore such that each lot could meet the 140' width at the shore, the probable orientation of the house on Lot 2 would have its primary views directly to the north. If the variance is not allowed,the house on Lot 2 will have its main views overlooking a triangular lakeshore portion of Lot 1. Lot lines and lot areas could be adjusted to make Lot 1 completely conforming. Planning Commission should discuss whether this variance is justified. If so, the reasons for an approval recommendation must clearly establish why this is appropriate at this location for this subdivision while it would not generally be allowed. The intent would be to not establish a precedent. The setback lines depicted on the survey would appear to meet the minimum LR-1B requirements of 35' street, 35' side street, 10' sides, and 75' lakeshore. Averaze lakeshore setback. Subdividing lakeshore property does result in some unique relationships between homes. In this proposed subdivision, Lots 1 and 2 each have a homesite depicted that meets the 75' setback, as well as the average setback as defined by a line between 16-3883 April 17,2017 Page 3of7 the existing residence at 800 North Arm and the existing residence at 790 North Arm. However, a number of scenarios could result in encroachments of an average setback line that is redefined as development of each new home occurs: - If the first home built is in the "possible house" location shown on Lot 2, that changes the average setback line for future replacement of the existing house on Lot 3, and would force such replacement to move far back on the lot to where it is not wide enough to be built on; - If the first home built is on Lot 1 and is placed farther west than shown,the average setback for a home on Lot 2 would change. If the first home built is a replacement for the existing house on Lot 3, and it's moved further back in order to have house, decks, etc. meet the 75' setback, then the average setback for Lot 2 would be affected, and potentially also the average setback for Lot 1 The most logical solution here is that the allowable lake setback for each lot be established as part of the subdivision approvals,and these would be in effect regardless how or in what order the three lots are developed or redeveloped. How this is structured might have an impact on the average setback lines applicable to the adjacent homes at 790 North Arm Drive and 830 Windjammer Lane, although those homes are setback far enough so as to likely not be impacted, since proposed & existing homes on Lots 1 and 3 are nearer the lake than those neighboring homes. One additional item for consideration: the proposed house site on Lot 1 appears to be nearer the lakeshore than the home at 790 North Arm. Whether that neighboring home enjoys lake views that would be blocked by the house on Lot 1 appears unlikely,but should be reviewed. Relationship to Surrounding Development The proposed single-family development is similar in character to surrounding development. To the immediate south, the homes on Windjammer Lane are all on approximately 1 acre lots. To the north, lakeshore lots generally range in size from just under '/2 acre to as much as 1.3 acres. The newly platted lots in Lakeview are within the 2-acre zone and typically 2-2.5 acres in area. General Site Characteristics The westerly 2/3 of the property is generally open, while the steeply sloped bluff area along the lakeshore of proposed Lot 1 is heavily wooded. The area around the existing house contains a number of mature trees. The shape of the existing property is somewhat of a point jutting into North Arm Bay, and as such has shoreline running north south and shoreline running east-west. The linear shape of the property forces the proposed lots to be long and narrow in order for each lot to have at least 140' of width. There are a few small areas of wetland along the northerly shoreline which were delineated in 2011 but that information is being updated this spring; no changes to the wetland boundaries are anticipated. Lot Layout and Lot Standards The property consists of a single tax parcels totaling 3.98 dry buildable acres, proposed to be subdivided to create 3 single family lots. The subdivision layout of the site is dictated primarily by the long, narrow shape of the parcel and the desire to create 3 conforming 1-acre lots each having lake access, and each with a building site that overlooks the lake. The proposed house site on Lot 1 is located more than 30' from the defined top of bluff, since no structures are allowed within 30' of the top of bluff, and the top of bluff as depicted. 16-3883 April 17,2017 Page 4 of 7 For Lot 2, topography and the location (and maintenance needs) of the existing municipal sewer lines are complicating factors. The municipal sewer installed in 1973 crosses the property from north to south. See Exhibits C &D. The sewer lines consist of a gravity line flowing from south to north across the site, discharging to a lift station at the very north end of the property at the shore, which in turn pumps into a parallel forcemain that runs back up the hill adjacent to the gravity line, discharging to a manhole in Windjammer Lane. The easement for that sewer line pair is 20' wide,and no structures can be built over that easement. The impact is that the proposed house location for Lot 2 is restricted to the area between the sewer easement and the 75' setback,with little flexibility for shifting the house. To make matters worse, the actual vehicle route used by the Public Works Department follows the dashed line on Exhibit C for maintenance of the lift station, due to the topography. It is necessary on a regular basis to bring a truck down to the lift station for maintenance, and there is no other way to access the lift station. The City needs to preserve this non-easement route for future sewer system maintenance. The 40'x80' "possible house" site depicted on Lot 2 is virtually the only area of Lot 2 that is a desirable house location under the proposed subdivision layout; but also consider that it is likely a house at this will be expected to have decks, patios, and a walkout configuration. City code will disallow any grading or filling within the 75' zone, and there is barely 5 feet of elevation change from the 75' line to the sewer easement. All of these factors dictate the need for careful and creative house design for Lot 2. Lot 3 contains the existing house,built in 1956 according to tax records. Replacing the house will likely require it to move back from the lake some distance, as the 75' setback line appears to run through the east side of the structure. With or without the proposed subdivision, an average lakeshore setback variance would be required for replacement of this house, again suggesting that this should be addressed as part of the plat approval process. Road Layout and Standards An initial question for discussion was whether the road serving the proposed 3-lot development should be public or private. During the sketch plan review it was indicated by the developer that a private road would be most appropriate, and that is what is proposed. Although only a small number of homes will be served, the City code requires for 3-6 lots a road of 24' paved width in a 50' road corridor, ending in a 100' diameter cul-de-sac with 80' paved width. The road access onto North Arm Drive is at the outside of a curve, and would not be expected to have any sight-distance concerns. At slightly less than 300 feet in length the cul-de-sac meets the City's 1000-foot maximum length limitation. It is unknown at this time whether curb and gutter would be required in order to manage stormwater runoff. Preliminary street design and grading information will be reviewed by the City Engineer prior to the preliminary plat review by the City Council. The proposed cul-de-sac location abuts the rear yard of the existing residence at 835 Windjammer Lane. While those owners and their predecessors have experienced a single private driveway at that location since the house at 835 was built in 1969, the driveway at 800 North Arm has existed at its current location since at least the 1940s or earlier based on available historic airphotos. Conversion of the driveway to a road may have negative impacts to those neighbors,who have not commented on the project as of this writing.Moving the private road further north to provide some buffer might be feasible but would result in less usable street yard area for Lot 1. 16-3883 April 17,2017 Page 5of7 Road Improvements and/or Easements Needed Assuming the road will be private, the City will require a Road, Drainage and Utilities Easement over it. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. An additional easement for sewer system maintenance would be appropriate to obtain as a condition of subdivision approval. Parks, Trails, Sidewalks; Park Dedication The CMP does not indicate any future trails along North Arm Drive. No sidewalks exist in this area of Orono and none are contemplated. There are not any planned parks nor anticipated park needs relative to development of this property. The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication Fee for 2 new building lots would be appropriate; because these are lakeshore lots each with a predevelopment value of greater than $69,375, the park fee would be capped at the maximum of$5,550 per lot, for a total Park Fee of$11,100. Stormwater and Drainage Improvements & Fees Creation of a new road, homes, driveways and other impervious surfaces will require stormwater management measures, likely including creation of stormwater conveyance and storage systems. Ponding areas will require the establishment of easements and the ponding areas will not be creditable as dry buildable area. Stormwater management will be subject to City and MCWD review and approval. The property and each proposed lot are within Tier 1 of the Stormwater Overlay District, subject to a maximum hardcover per lot of 25%. The property will be subject to the Stormwater and Drainage Trunk (SW&DT) Fee. The Trunk Fee established in the 2016 Fee Schedule for 1-acre zoning districts is $5,250 per acre for each new lot being created, with a fee cap of 1.0 acre per new lot. Per Section 14-284, if the existing residence is intended to remain(on Lot 3),only Lots 1 and 2 would be subject to the SW&DT Fee; if the home on Lot 3 is intended to be removed, it would also be subject to the Fee. Therefore, the total SW&DT Fee will be either$10,500 or$15,750. Utility Locations/Availability/Assessments/Connection Fees Municipal sewer is available to serve development at this site. The property was assessed for 2 sewer units and 280 feet of frontage as part of the 1973 sewer project. For the proposed subdivision, no additional footage charge would be required, but a third sewer unit at the 2017 Connection Charge rate of $5,100 would be due upon final plat approval. (Note: this is the reduced rate based on the 2017 Fee Schedule which established a standard connection fee for sewer and water project areas past their 15-year assessment period, a savings of more than $6,000 compared to the fee in 2016). The existing sewer connection for the house on Lot 3 runs across proposed Lots 1 and 2 along the shoreline. Leaving it as-is will require establishment of easements between the properties. Adding sewer stubs to serve Lots 1 and 2 is likely necessary, and may be difficult, as the existing gravity line is approximately 15-20 feet below existing grade. An engineered design for these connections may be necessary. 16-3883 April 17,2017 Page 6 of 7 Municipal water is not available and not planned to be extended to this area of Orono. Private wells will be required. Wetlands on Site and/or Impacted The property contains a narrow strip of delineated wetland (updated delineation pending) along the northerly shoreline, which would presumably remain untouched. The MCWD-required wetland buffers would likely be coincident with and protected by the City's 75' lakeshore setback requirements and hardcover/land alteration limitations. The City will require a Conservation and Flowage Easement over this strip of wetlands. Due to the need for vehicular access for municipal sewer maintenance(discussed elsewhere in this memo)the City will require that buffer widths and locations be established in a manner that will accommodate such maintenance. Tree and/or Woodland Impacts The site is relatively open,with the only significant wooded area being the steep slope(bluff) area directly downhill from the proposed building site on Lot 1. As this wooded area is primarily within the 75' setback zone and is within a bluff impact zone, only minimal clearing would be allowed per Shoreland Ordinance Sections 78-1285. The developer is encouraged to preserve existing vegetation to the extent possible. It is likely that connection to the municipal sewer along the shore will require some disruption to the wooded area. Please review the discussion in the Conservation Design Report(pages 3-4) regarding tree preservation. Conservation Design The developer has submitted a Conservation Design Report and recommendations prepared by Lucas Mueller of ISG, Inc. (Exhibit F). The property has been reviewed in terms of the Rural Oasis goals and policies of the City ordinance. The report provides an inventory of the natural resources on the site, discusses how the proposed site design interplays with existing features, and establishes a vegetation management plan addressing wetland buffers and invasive species control. The report supports the proposed site layout and does not suggest the need for any site plan revisions. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office (SHPO)to confirm. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: 1. Establishment of an average lakeshore setback determination structured to be independent of when new homes get built on the site; with an eye toward not having negative impacts to the average setbacks for the adjacent neighboring homes. 2. Review the lot width variance requested for Lot 1 and recommend whether that variance is justified and supportable. 3. Discuss with applicant the limitations for the building site on Lot 2 due to shape of the lot, 75' setback, average setback, and sewer easements (existing and needed). 16-3883 April 17,2017 Page 7of7 4. Consider if there are any significant impacts of the road location to adjoining properties, and if so,are there alternative configurations or mitigations that would reduce such impacts if needed. 5. Address the fact that sewer maintenance access is critical and must be addressed as part of the subdivision process, likely requiring new easements and potentially buffer width averaging. 6. A new sewer connections for Lots 1 and 2 will have to be established, and an easement for the connection for Lot 3 over Lots 1 and 2 needs to be addressed as part of the subdivision process. 7. Are there any other issues or concerns with this application? Staff Recommendation Planning Commission should review the staff report as well as the submitted documentation. Hold the public hearing and accept public comments.Recommend approval with conditions that address any concerns noted, or table for further information and/or revisions. Staff will not present this application to the City Council for review until the updated wetland delineation has been submitted. Applicant should plan to meet with the Orono Public Works Sewer and Water Supervisor as soon as possible to review the route for sewer maintenance vehicles. City of Orono Subdivision Application PC Exhibit A Street Address: Application# 1I/ ' 3 gg sB 2750 Kelley Parkway 0\ Orono,MN 55356 Date Received: l n(0 1 /� I(' Main: 952-249-4600 Staff N 1 i r t, •" o� fax: 952-249-4616 Application Fee: irtsHovE Mailing Address: P.O.Box 66 Escrow#&$ Crystal Bay,MN 55323-0066 Notes: PROPERTY INFO AT ON:_//// r Site Address: /� h Property Identification Number(PIN): Date Property Acquired(month/year): A ptAbstract 0 Torrens(Please check one) Present use of property: Residential; number of Units 0 Other(specify) Zoning District: 4 d APPLICANTZ_EiNT INFORM TIOIt (Complete legal names and marital status required for each interested party) Name(s): /f1.4..M0.41nrS1.4_ Phone(primary): a • Al d bray* Address: ic : _ . • [����- .. Email: (rot VL P a .7 /.w e' a Cs, I'— PROPERTY OWNER INFORMATION: 0 check here if property owner is same as applicant (Complete/e a/names and njerital status requited for each interested party) Name(s): } Phone(primary): Address: I 71c : 5---/_ e.ct 1 '1 Email: `G%wtiP�S c i- -J �8 t *c 1 1 C bL- EXISTING LAND USE: Number of Tax Parcels: Development Size: S Acres Dry Land Acres Wet Land Acres TOTAL,all parcels PROPOSED LAND USE: 0 Division for Tax Purposes , Subdivislon for New Building Sites Number of Building Sites: Existing Units: 1 f New Units: Total Units: Proposed Gross Density I Units per 1 acres Minimum Lot Size: Square feet dry buildable land Proposed Use(check,Residential 0 Other(specify) RECEIVED OCT 192016 # 3883 ,Subdivision Application—January 2016CITY OF ORONO Page 3 APPLICANT/AGENT AND/OR PROPERTY OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the Information supplied Is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend In place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: ,--•- Date: /©- )7-- )' Applicant/Agent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: Subdivision Application—January 2016 Page 4 FRANZEL ADDITION i CERTIFICATE OF SURVEY AND PRELIMINARY PLAT FOR PC Exhibit B JAMES FRANZEL LAKE OF LOT 9, AUDITOR'S SUBDIVISION 362, AND OUTLOT 1, PIRATES COVE MINNETONKA HENNEPIN COUNTY, MINNESOTA NORTH ARM -- � 032::::16.T.\71-11teI soros• .11 ..rS64r irs''a�° 1 __---- -,-:41,-.7f-....,-::,-€ _ppAo ;" , •V±"O ______.4_Si , It 1 •_••- { -ter - it A Inttx-�__ `c.,F• •-,. . - hl ` '-----Wt[ "fie I eat- l Y � t it EXISTING ` ^a. \ -..:\l- Latex_-- ri- r� „ ' fl HOUSE _ - \•.`1\~; f,J -�-.k, ,;,i -..:..7_,_, ---71 --7 __.�"__ k. 2cG,iTTR�Y'� 2,.._,,,,,,....."., i«. , 'w -• 4 i,.,.l. t11$ 1790 rrgrr AM.NOM ' \ate \•-„,, ''\ \ ti:i" `'••_ j. _ .. � �-s._. - "..s, `.T�T6 •'-'4:-I.„-111 i ' / `� r teVi's \ \ ` \ ` 'Q � t rPOSSIBLE Prowl i 0/f0 r �'\,, I r. \n,• ' 1 yi. / ` �_w ` s\ \ -,1,:„.„,.. / \/ / "1 HOUSE / / /i''/ IEXSTNG , �' •!�;,,, �- ` l \ -----...„-x.' t\ e °•e '\\ .'� 1 \/ \;,ate / .r:' ,t`'t.�,�fyI t! 4 '/. \ POSS19LE \ s� ', \ y Yom'- _ //1�l / \ ! afro 4 14 'I;,,l i! 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S— 110.27 0 W 01 a' / ,�- Y � r er �,./,,-'A• ' � t}�i�D7Pi{OS/.`p .. \`. myna*ee\,% -.7.---- -_- epa,00 ' 1b / •`, / ��R=5o j .. ." \ %- �,r0-./' .�-r� ,..,.i' D T IDANG- ---' ♦ ..,....,,L...1.47"f1 .\'\ , `,./N g0 ,"..s.922 ''I.'— ,i''"''' LIN_E > r R� - /' i �,'--- �,<\• v�, -�� y,?.y�� '' -' "� � t I lip 14fl-� S°O. 00, I, 'a.WOW' OUTLOT, • TAA \- 'o i•, 1 0,39.1 AC- I •-' Es /Vr-- 'w \ / �V � t!{S sy - t '��,r - I . '' '� 1 & +.I EXISTING LSTNG t - Vit`', OUSE / 1 P.\ w�.+- 1 ^ ow 1t �� I / = `" �� - ROW MIA nnTo 313 c, I LEGAL DESORPTION OF PREMISES : / - l Lot 9, Audtor's S 8divis on No. 351 and tutlut 1, PIRATES COVE I RECEIVED / o denotes iron marker ADDRESS 800 North Arm Drive - 917- devotee contour line, per citym Drano, MN APR 1 2011 Bearings shown vie based Area 4,02= Ac. V'+ upas on assumed datum. 3.98! Ac. Dry NORTHZoning > LR_lEi This survey intends to show the boundaries of the above described property, the location of six existing txsidings, drrvewoy, deck, porches, topography from city mops, Y CITOF ORONO ARM the location of a9 visible "hardcover", and the proposed location of two proposed CITY I I9. dividing lines, two possible houses, and adjacent houses from aerial photos thereon. It does not purport to show any other improvements or encroachments. DRIVE z DATE RCIMA13t herebyeedoMakthio, myspaaiiret s erepok GRONBERG & ASSOCIATES, INC. --,re--wt— CIVIL 11 -,r MIMED MAC uo lora woe wowed oy me,a weir my direct su{wrvfaroe� ane Surveya weer the ~�� �� 'a.s ettme stats` lAof L CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS _ tea . 2,2"../.01..a....-4,..0445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 to-le-18 Yak S Gronberp Mi,x,eenth License wauss 12755 952-473-4141 ' ten ie-097 FRANZEL ADDITION LAKE MIN ROAD PLAN AND PROFILE AND GRADING PLAN FOR NETt)NKA ,�.Y442, JAMES FRANZEL NORTH ARM s — �_ i"�A"- _�` LME1 :, OF LOT 9, AUDITOR'S SUBDIVISION 362, AND OUTLOT 1, PIRATES COVE ,�,• .M1 —��—�__� HENNEPIN COUNTY, MINNESOTA 2 Ls'ST"1 '" °ro`�'w"� STS _� tw \ . \t: fps t - �— -- `T° y LEGAL DESCRIPTION OF PREMISES: ——AVEI_GE BUILDING SETBACK LINE - --` v _`'`7 -7 -•f7 °A,66. -el- _____--- ..----"- ver 1 PJ Lot 9.Auditor's Subdivision No `��� __ _ r—Isar ,—_ I �' l 362.and Oudot,;PIRATES COVE ct\ \ oc. -,- - ' ���_� — ,, ° — I' EXISTING \ \\\ _ �- ` .• "• +::: demes iron marker _ \\ HOUSE \ 7.-------,� �� — - - - —-914- -�► 1 \ 7S` `� —si7-j tienotesconiourlirre.perc[fmaps #790 \ \ _ —— 1s. _ ,,,;i.,.�-- --r+" ! 7 ic \ r?`- �- AERIAL PHOT \"cpo \ \ . ,, " • -at11 This O \ ' 'u\� \ ��► ; ' ' , D on Q \ \ \ ` /F, 6 f n \ GG 1�'�-� I I y{ { tt does Pusslb�houses,arld adjacent houses from aa Photos thereon. rG N� \ t \ A • �e�, ■ / ' i"=- 8 3 EXI57?N u l purport to show any other improvements a a N ..'''' . \ g ,, .. p_ 11 Atlill 1 1 o,�a10 \ / ��-_. ! GJ\ % .tea,011•4,'\ ' ��, • ` {I{ {{{ N7 1`1CJs. \ IO ;IiiCONCRETE OrS kSAY .' I I { 1 41 \ \ r-q �l. I '� �•' ..-°"-- rs 11LY / RV IL .10 • I i 4...milt*AIL ___\„...-->".--.\-(:::. s' \ -- , \ / IN=1144 0,, ..4 - . :'r..). .1„,:''' --:., , ;E•Willig ce: I. \ -figiv. / \ 1.37 SII �' -`' dy •::r_s• �. "�Y, R�':: 790 ..--- \ X 1,35 AC.DRY ;. !, y\ \ \ \ !� ` , ri40 /�,,N I /` \S •O •'V • .- ..- \ \ \ • x---\\ \.1LDN\ USE' ��y c _ \\ `- ' "r.. - O\ ' iiii5 \ \ . \ �' '• i . 5 LV OT \\\\\ ' �r A - _�--�-- — r— —r — :W \ - � �- ,Jards ,moo ILA o 711F11"-- . 1883.0 1 t _ OVA O 1 L i 990 . - ' AIS i. ADDRESS 800 North Arm Drive ,PROP ; . Orono,MN • yTFOR lac i 0 30 60 120 A4BY-a os Aa 980 . -� '•" _ :: NO TH � 3.98 -�: _ .7" 980 j ARM SCALE IN FEET 970; • ; .dtt � �'` - �`-"'�- DR V E • I]ti6 Ttil�-Ct3iT8�W :. 970 j. I 1 2 . a 3 RECEIVED REVISIONS �ESIGIEr w ®n ,er,pCIBEll BMMr,NT ,a`ie DATE BY REMARKS AND TWAT IAMADULY UCHiBEDPROffAaOrNLE+:OSS�R -- GRONBERG $ ASSOCIATES INC. OCT 9 201fi 1 DRAwN Arm LAND SURVEYOR MOOR TE LAWS OF THE STATE OF i6pB7 �/ n Milli MINNESOTA .oew z 445CIVIENGINEERS,LAND SURVEYORS,LANDPLANNERS 3883 ctT I o�ofloNo - 445 N.WILLOYII DRIVE LONG LAKE,MN 55356 # NEM wTE/D•!J�� MINN. ISSNfR�2 j ;,� PHONE:952-473-4141 FAX:952-473-4435 164E7 SKETCH PLAN FOR JAMES FRANZEL LAKE OF LOT 9, AUDITOR'S SUBDIVISION 362, AND OUTLOT 1, PIRATES COVE MINNETONKA PC ExhIt*C HENNEPIN COUNTY, MINNESOTA NORTH ARM „ - �r-y,,� i - -932 "� ...... ..........„...r.-E. ..��"_����1� \ `I r''s'• .art1121C tGFi '• C.-----r 5 "�i/' r--93� Via 1\' 'may 7r-`.= 'alp_ -`— ` 4 1 AM`. ,c ___,...\\_ , , ozQi�1, • ..-r _ LV; l� 1 EXISTING — b� �� —. i"'. __� reorr nrwr wora / : Ill 1 1 "pg \ \ \ \ 1,-, . .�\ \ -. rawer / , 1111 \\\ L111111 2"LISP1 ,2°' \I \ 1111011 n \ \ \k X v-. \>Sfl:- �zle..946:. +�` g \ t II l 1 .�\ Z \ \ � ., , � \ . �„ �` ?L 3. ,— 1 111+ I ,,,c \ k / it I I NIA \ \ ----\- �'�'/ \ ` \\ _-��' . - • III 11 I I \ilk, .ef \ \ .... ...e...5.‹.\ .-Z-% 14-‘<op i:( ......-----.:..i oh. \ . \ \ , \ . ,., ..,,,,,.....„,c__ ,,,-c, -.: L.._ --i- __---- ......-- ill ,11 1 ', \ \ \ \ '� / - .. \ S ''` \ \\ arena ' �� ^I ,r• :::::::167-i . _•9MVr, Nc �� \ y/ ����' \ \ �/ \ ' , _ - �� N �7 15 \ \ \ \ .�! `ate \ `�� \' \ \` • f}, • fir_ ' �, Op `.'�VV J • \ \ ill N \ -I_- !\ Or . ta]�it6.�b \ ` ro rear o m'�l , . ' ''.‘ It 4\.... .....\...•''''....... \,03 IX OS- . + %.y\ �,�..- - \ \.. \oleo, CM( EaS��`wcer'u�"- SewEl�. 1slk/wr€jv,�U RECEIVED `�:�0 I \ sir,_ r- - - 1 ,�.-�/ j$, e` _ _ _, p0" W 1 1a13 3 C t ` z 6 4SirbuL 3 Nr- SC Were /!U ' �Q 2016 t► --�`' s 9 1 LEGAL OE '1OI OF • 0" 4.•. NISTD RSC Plot OF VV•,l No. 362, and Oudot 1, PRATES COVE (,r'�OF ORONO r ...................... rote_ rs►eW€!c Wmk[N'T rMANC. denotes fr� markr t N '`, - .................. AppkESS = IMO North Arm �et*/MAX* RAtAre" OF exl 1?#Orono, MN ( .q; a, Per car maga oranN Cit. CooNargeri Bearings dwvn we based upon an assumed datum. C56 Area = 4.C2- Ac. 391:: Ac. This s�wy inteede to apo the bao Modes of the above dne�ydproperty, the \ ".. NORTH ARM Zoning .• LR-19 the location o� daetre7 aid the proposedParches' f twoo proctptoYsed dnridep ire, two oaarbh houses, and adjacent houses from aerial photos thereat It doss not purport to show any other Improvements or encroachments. 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F } ., ` 4• ; +..t:` .,�' r -r.t 1 ,_ . map..Auto• 04/1712015 (2015) • t image w of d 3 VIV) r� -..-., • .. _ t;.:-__.-- - � m0c - `..use* v Ai PC E7chiblt F Conservation Design for Franzel Addition January 3, 2017 800 North Arm Drive, Orono, MN REPORT FOR: FROM: Kevin Anderson Lucas Mueller Foy Homes ISG 6801 County Line Rd. 7900 International Drive, Suite 550 Delano, MN 55328 Minneapolis, MN 55425 612-990-5200 952-426-0699 Kevin@foyhomes.com Lucas.mueller@ls-grp.com Executive summary + Development Steps 1 Rural Oasis Study 2 Natural Resource Inventory 2 MLCCS Data 2 Tree Community Identification 3 Wetland Delineation 3 Topography 3 Property Identification 3 Conservation Design 4 Topography 4 Drainage Patterns 4 Invasive Species 4 Existing Trees 4 Criteria 5 Wetland Impacts 5 Ecological Communities 5 Positive View for Proposed Site Layout 5 Landmarks 6 Density Bonuses for Urban Density Development 6 Performance Bonus Requirements 6 Preservation Requirements 6 Buyer Education 6 ,.5,741, ,'r 4".' „ . Franzel Addition 800 North Arm Drive, Orono, MN Page i �.. Appendix A: Figure 1. Project Location Map Figure 2. Tree Stand Map Figure 3. Invasive Species Map Figure 4. Site Overlay Map Figure 5: Photo Location Appendix B: Preliminary Plat for the Frenzel Addition Appendix C: Photo Log Appendix D: Vegetation Management Plan I Frenzel Addition 800 North Arm Drive, Orono, MN Page ii The purpose and Intent of this conservation design Is to meet the goals of the City of Orono's Environmental Protection and Natural Resource Management as specified In the Community Management Plan (CMP). In general, these goals pertain to water quality, wetland protection, and preservation and the enhancement of the"rural character"of the City. Emphasis is also placed on the preservation of open spaces in Orono. These open areas include, but are not limited to, woodlands, wetlands, and wildlife habitat. Additionally, the City of Orono's Zoning Code further describes the intent of the conservation design as to reinforce and establish ecological connections throughout the City and preserve and improve the aesthetic views of Orono. Subcategories that are listed within the Environmental Protection section of the CMP help to detail more specific individual goals and guidelines which can be related to the overall goals listed above. Pertinent to this project, the subcategories emphasize development densities, which require no less than two acres per one home. This regulation is enforced in order to maintain the historic identity and character of Orono. Low density developments will assist with the preservation of open spaces and, from a sewer and water systems standpoint,will protect groundwater and surrounding lakes and other surface waters. It is also emphasized that the primary method of sewage treatment and disposal will be used through municipal sanitary systems. Goals for Environmental Protection and Natural Resource Management as specified in the Community Management Plan pertain to water quality and wetland protection and preservation and enhancement of the"rural character"of the City. Three lots and two outlots are proposed for the 3.84 acre site. The proposed lots range in size from 1.09 to 1.37 acres and outlots are proposed to be approximately 0.39 acres and 0.03 acres. Homes will be situated such that there will be negligible effect on the existing trees. According to the proposed construction plans on Figure 4, Lots 1, 2, and lot 2 driveway will impact some trees throughout the property. It is currently proposed that 10 trees (9 silver maple and 1 basswood) will be impacted by the home and driveway of lot 1 and the driveway for lot 2. Wetland impacts will be avoided altogether and upland buffers around them will be implemented. The existing landscape is a mixture of manicured lawn, impervious surface,structures, wetland adjacent to Lake Minnetonka, scattered trees, and a small woodlot. The forested area of the property is located in the middle along the north boundary and runs east and south along the edge of the property line. Trees existing in the project area consist of silver maple, basswood, walnut, green ash, white oak, cottonwood, boxeider, and black willow. Scattered trees are also found throughout the property and are shown on Figure 4. The dominant vegetation in the wetland community of the property is cattails with a reed canary grass fringe along Lake Minnetonka. Franzel Addition 800 North Arm Drive, Orono, MN Page 1 The subject property Is located adjacent to the North Arm Drive - Varied Enclosure described In the Rural Oasis Study was determined for the site.The portion of North Arm Dr. closest to the subject parcel is identified as varied enclosure, with the north and south property lines creating a row of dense trees for minimal views. The middle of the property from North Arm Dr. contains an open enclosure creating long views to the lake.The existing structures are difficult to see due to flat topography near North Arm Dr. then dropping off suddenly towards Lake Minnetonka. This creates a positive native view shed. The proposed site plan contains a long native buffer feature by setting the homes back into the middle and west end of the property. The mature trees throughout the east portion of the site visually obstruct most of the adjacent homes and outbuildings. The residential properties adjacent to the project site are medium-heavily wooded creating a varied enclosure with positive views. The existing topography along the southern property line situates the adjacent homes in Pirates Cove above the grade of the subject property, making them more difficult to notice. A tree line creates a barrier along the north property line to shield most of the negative views of the adjacent home. This is true while standing on North Arm Dr. in front of the project area, and while standing in the middle of the project area. In general, there appears to be a combination of positive and negative views from North Arm Dr., with positive views being more abundant. Portions of the adjacent homes in Pirates Cove to the south are visible (more so In the winter), while the adjacent home to the north is mostly covered by existing trees and topography. The remainder of the subject property and adjacent properties are obscured by tree and shrub vegetation. Please see the attached Photo Log (Appendix C) at the end of this report. MLCCS Data Review Review of MN DNR MLCCS data indicates that approximately 2.1 acres of the project area is covered with long grasses and mixed trees with 11-25% impervious cover (13125). Approximately 0.76 acres of the project area is made up of maple-basswood forest with 26-50% impervious cover(11233), and the remainder of the site made up of 0.95 acres of short grasses and mixed trees with 26-50% impervious cover. The Orono Natural Resources Inventory Land Cover Classification - Level 1 (Figure 6) identifies the project area ad Artificial Surfaces and Associated Areas (10000). Franzel Addition 800 North Arm Drive, Orono, MN Page 2 Tree Community Identification Identification of tree communities present on site and tree condition were documented by ISG staff during a December 19, 2016 site visit. According to the City of Orono's significant tree stand definition, one significant tree stand was observed along the northern property boundary (Area 1). According to the city of Orono MLCCS, the stand is made up of maple-basswood. During the site visit, basswood, green ash, and boxeider were observed to be present and in moderate condition in the existing stand. The proposed site layout or construction efforts will not affect this stand (Area 1). A line of planted silver maples is located in the center of the project area and runs north/south (Area 2). Sixteen silver maples were planted in a straight line and range in size from 7-11 inches Diameter at Breast Height (DBH). With the proposed site layout, nine of these silver maples will be removed. The visual structural condition of the silver maple row ranges from fair to good. Some signs of physical damage were observed, most likely caused by wind or storm damage. Scattered trees were found along the edges of the property and near Lake Minnetonka. These species Included white oak, red oak, eastern cottonwood, American elm, basswood, silver maple, walnut, and black willow.The white oaks appeared to be in good condition and were the largest of trees in the upland area ranging from 5-40 inches DBH. Black willows and cottonwoods were observed in the northeast corner near the edge of Lake Minnetonka and ranged in size from 30-55 inches DBH. Wetland Delineation A wetland delineation was conducted in 2011 by Svaboda Ecological Resources, however a report is not on file with the Local Government Unit (LGU) Minnehaha Creek Watershed District (MCWD). The developer has proposed to conduct a wetland delineation during the growing season in the spring of 2017. The delineated wetland line is expected to be in close proximity to the delineated line of 2011. The project area consisted of one wetland along the edge of Lake Minnetonka. ''opography The topography of the subject parcel was surveyed by Gronberg &Associates, Inc. and is depicted on the attached survey map (Appendix B). Property Identification The subject property was identified as Other Natural and Semi-Natural Communities according to the conceptual greenway corridors on Figure 9 of the Orono Natural Resources report. No rare plant communities were observed on site, and were not identified on Map 3A-5. The lack of quality vegetation species and the predominance of low quality, non-native and invasive species found throughout the subject property suggests that no management and/or protection of existing plant community's will be required. Frenzel Addition 800 North Arm Drive, Orono, MN Page 3 Topography and Drainage Patterns The topography of the site is made up of rolling hills and a starting near North Arm Dr. and heading west towards Lake Minnetonka. Elevation is highest near North Arm Dr. along the west edge of the property (approximately 984' MSL). Stormwater will be treated by following NPDES and MCWD stormwater requirements before eventually draining into the wetland basin to the south. The existing drainage patterns have been primarily maintained.Topography of the site is not anticipated to be drastically altered, therefore, site drainage for the east half of the property will continue to flow towards Lake Minnetonka. Stormwater runoff from portions of Lots 2 and 3 will flow Into a proposed rainwater garden on lot 2. Drainage from the west half of the property will be diverted into one proposed stormwater pond located on lot 1. Invasive Species Invasive species were evaluated during the December 19, 2016 field visit. Reed canary grass was observed along parts of Lake Minnetonka water's edge.Common buckthom was found along the existing driveway on the south property line and In the small forest stand along the north property line (Area 1). Snow cover was present during the site walk, but the remainder of the grassland area Is expected to be manicured turf grass species. Attached is a vegetation management plan for the management of invasive species observed onsite (Appendix D). Existing Trees Approximately 60 trees were surveyed within the subject property and appear to be in fair to good health with no major diseases observed. A number of non-significant undesirable trees are located throughout the property such as green ash, American elm, and buckthorn. Significant trees on the property consist of red and white oak, walnut, black willow, maple, and basswood. These trees are defined as significant (due to size and species), therefore efforts will be made to preserve them using appropriate and feasible BMPs during construction. A total of 10 trees are proposed to be removed according to the proposed site plan. The trees consist of 9 silver maples and 1 basswood. Trees wilt be monitored for disease and decline during active construction.If signs or symptoms of severe tree disease are observed, trees will be removed and disposed of according to the Orono city code. Tree removal will be conducted during seasons when insect and disease transmission will be minimal, primarily in late Franzel Addition 800 North Arm Drive, Orono, MN Page 4 5A k. autumn through early spring.The trees Impacted will be replaced at the required ratio per the applicable Orono city code regarding tree replacement. Significant Tree Stand Criteria There is one area within the project area that meet the criteria for significant tree stands by occupying over 500 or more square feet with contiguous crown cover and diameters (DBH) over 6 inches. Area 1 is located In the middle of the property along the north property line. This significant tree stand meets the criteria listed above, and is dominated by basswood, oaks, and green ash, with prickly ash and boxelder in the understory. No construction is proposed within or near this area, therefore the trees will not be Impacted. Wetland Impacts One wetland edge was delineated in 2011 along Lake Minnetonka. Proposed structures or construction is not anticipated to disturb the wetland edge or occur within any wetland setbacks. Buffers and setbacks will assist In maintaining the quality and functionality of the wetlands by providing additional surface water treatment. Ecological Communities Ecological communities on site are of low quality (described in 3a). The development of this parcel is not expected to further degrade the ecological communities on site. The ecological communities on site are not expected to be changed or segregated by the division of the legal property boundary and the addition of homes. The highest ecological area Is the wetland edge of Lake Minnetonka. Because this area is not being developed or altered, current ecological connections should remain unaffected. Defining maintenance of ecological connections does not apply to this project because we cannot define anything that would prompt a change to maintenance connections. Positive Views for Proposed Site Layout Positive views will remain on site because the proposed site layout will not interfere with the trees that surround the subject property. This will maintain positive views from public points of view, and positive views from potential homeowners on the proposed properties. Landscape design will enhance the views itzeltaiiitiMILIA-4-J, 6`,- ''*111.111.1111.11111111116 Franzel Addition 800 North Arm Drive, Orono, MN Page of the subject property to replace trees that were removed due to construction.All trees will be replaced according to Orono City Code. Landmarks No existing landmarks are currently on site at the subject property. The forest stand along the north property boundary,the wetland fringe of Lake Minnetonka, and Lake Minnetonka will all be left unaltered during the construction process. The applicant is not requesting any density bonuses In association with this project. The applicant is not planning any development enhancements and is therefore not requesting any performance bonuses In association with this project. The applicant is not planning any long term preservation measures in association with this project.The wetland located on site will be unaltered and remain in its natural state. Home/lot buyers will be educated regarding the conservation and natural resource management of the subject property as presented in the City's Comprehensive Plan and Natural Resource Inventory at the closing of the home sale. Franzel Addition 800 North Arm Drive, Orono, MN Page 6 APPENDIX A : Figure 1 . Project Location Map Figure 2 . Tree Stand Map Figure 3 . Invasive Species Map Figure 4. Site Overlay Map Figure 5 . Photo Location Map Franzel Addition 800 North Arm Drive, Orono, MN Appendix A Hennepin `". �. County oe45t ' tunica-Stabbs Bay Elm St t so,vA la•ff—ti ir 4+ r" W Branch Rd a .9.....4/0W r��,.�lrr wr, 9.qs4 ■���lat.�rir�r lfrtetrrrionka MaxrweA v Hig env La i Dahl Rd y . 0. -4 z �� [a rn� C' w * ; ontce 1Jo/1hfs 12 —ju�elonka Jeiwkap�8�y ``� v.Ami 72 r ' ems'" �, , Project Area F sat) r� d' I. .s., _, ' syr - ", r,` . ', Ona � f ,, esE , I : I anergy � , [ f � g S4 „max § �+r-w. r- , , : c ,.,_ ,,,.:,, , .._ :.. LI 212 .i PW:16.19660 Source(s): Figure 1 ,j MNc¢e15ea(M^ieoM'1 DOT,528fAtq o Zoe ao.0, Protect Location Map "1L :.ekes(MN DNR��y,2008) 1 Inch=8,000 feet "11"iSIS Cour k�,,,D►:a,.kym,a) 800 North Arm Dr ass(�ncrduscs} Pray,December 3e,2016 Orono,Minnesota nvl NIL Legend Area 1 Dom+na:ed by white oak, basswood, maple, and green ash with a buckthorn unOe.•story Project Area -.115-_ ,, _54 j 1."'^,. r N' L.-` It £ S. 1t'k Zy., st !.1 r . ilk �. . Rt + "' -i `' �' '� ny• t '-....t". -,•rr''J Vit►, t i 14,' "` _ - � .. : w, h ` 1. +. Wa ., i . i,.....- , -y , : „4'r , ' 4, m , . 4,. } . •i!,..1-41014”" z; :',7`f;'"?.; Y a! to e.. Yadd" + . + 5 y w # s i t .t A4 4 . F e sa Sw • s �' ,pk,' '4, L,k . `t d. ..% f ,« .... .,:,,_, , ... 4 ..k. ,,(.4s, . : . .. „. _ . , ., h - ).....„:‘,7.- - , . -A.,-e.7 - - EE i _ z ir '2. 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'sir. • r i y # 1 ,- _ . . t . pa:1s•tasr4 anophom(USDA,NAP,Henn*2015) o lzo Figure 4 Sourest.): Hennepin County P (Hennepin,2016) Site Overlay Map 1 .125 feet 800 North Arm Dr. Friday,December ao,2o16 Orono,Minnesota Legend +i t„ Project Area . O Photo Location .. T, Y,, J.,; , ,.; . 1%r 'J ` a,. $ z ! (•;Fj '444 , oser r� `� .. 'l.V1em` . r. ,�i • `rr -`- -,s;- , 2--',,...4.,,, , : - ,... :- *17- -7.4,7 ,.414,..-'1,:tic,.....;_ili :4.- .1.',,;.‘,.. i*, ,,, „ %,_,.:::„11„iiiet'.4 r;,:. ' 11:111 :, ' ,:'I' 7,41,'',2:1111{:j. ,,.', .. ::1, C .. '. , ,F •• ' ''''I- ;1:-. ,, ,;r, g _ R gg YTS -' ,,,, ,,,.., .- ; •l k. V , „.oor 0, ie. ' N. p.,, -I- t ..,\,,,,,,N...,„ . '” ' ir.',' "*...-,,..,1, '-,,,,, .4 t �•► `` aF H w ..• tlz 4 r t t 1'� ` A • S• J± t ,,,‘,.. ..„viiiiitiv, ,,, , ,.. , ,bi„qv.*' " • it:v., .iw'i:7.'.0C.:12...... 711/*:, ,v PW:16-13174 oreorhob(USD&NAP,H.n in 2015) Figure 4 4 Souree( o m w 1m 1 Inch=125 het '"` Photo Locations 800 North Arm Dr. Friday,December 30,2016 Orono,Minnesota APPENDIX B . Preliminary Plat for the Franzel Addition Franzel Addition 800 North Arm Drive, Orono, MN Appendix B 77- i•,----._711.4, sriai MI_..SZ8 '_F ':-- r11:':'� nI ' ak T1,r' I ' .�•jf \` _ .f ` ; lF�,�V, A z ,\'''''t"k i etk (`1,, \ ..: i LA 1111 P kililli z \'.1 1 1 l , a 1 L [� M I} ', ' ' �'` I �, g "JIM ; jil rf I 1 life ti I - g g 1 '11*, \ ml i/\ % ,,,/1 II I lUll L \ !\ } �/ / '•,' •; , ._3. � ��ui dEf , 1 ,1, U :�i r 1�j', G 1,r, , C_Vr ( X - O p � illvi 1 1 AI ill,,i;1 .i \.•A`` ,1 t,` i ix I lif igil ,,-00...- ,01, „A. ( i 6 8.) I `,'` R o 11 i if gs 4. g ,b" o \,- ---' . i �� a i \ -/" , , i , F-,L,u 6 1111 /'v\ \ ' 41\ ', Q. QON5�f '.'' �:! 1 ' i �-Z \ '� I Li..gi , _ \ N W F. �y \ o ,,1 , 5� i Zd� F. �� i - ; ; ; ig ga � � LL. kl( $ barAir « , ,. i ._ w'\y i tit . A. , \, E" r4 I u. -4- ....----- Z-- 1 ` .3 ! APPENDIX C . Photo Log Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C (04M“* rte.... i ;Y . , q.. YY� ate .. ': w • ,� h R . ! 'ate i 4 i► j Photo 1-Photo taken by NW corner of house facing take Minnetonka. ilak 1 .,,, r „, .. ..7- ., 4+ t ' 41110116'% e#ir:' , go/4510A.: - ', Ai ail Photo 2-Taken on NW side of house facing west towards North Arm Dr. Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C 1 , --' , .. • Pi i : •••.°•<V.::4 ,.'1.' i ' .0 i, . ' .•..../,.../3;•':'• . ... ti,7E) ' 14 . ... • . ..,• 1ir ,. : AP••: , . .i.. 1 2. re .. .-'• I --- , , .- . :.....-_,. ,-, . ---., , • .,,.....:.....,' ...,., . . .. . . r PhotO 3-Taken near NW corner of house facing south .......... . . *440 * - - ,i...1 ‘ 'l' r it, 7 ,• -,-, 44',"tr* .. — ' ' • • . ' 'It ..._ —,!.-_,_ . ,... . , . • ',....—• • ; • -.....4-4,, - . - . -;,-,,,, --- . .., ' ' --- ' ----- •- - • i70,hit, ' . 44,,,. . -7...1 .1. 417r4' . . "tik •iiii 4' .. •.. P ! A • , ' I ......- : Photo 4-Taken near NE corner of project area facing south along Lake Minnetonka shoreline Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C 2 il:4't"..,1/4-,,„Mf 1.,;;. n 1`. 4 - , f It� . 1-- t y SSL Amu '•'fit.i{e ma=y is �: -.L.'sr�llf7iomin _- WINOinti+..,,.."' a `_ •a w. 3: 1 t Photo 5-Photo taken near NE corner or project area facing east towards point i ,. . { g i '• , fi)', frl'i.* l'%. ' ' iii ,iii ,r P- ii »I Photo 6-Photo taken in middle of driveway by detached garage fadng west. Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C 3 r , i k_y , ,:'pi: n J ', r ;t r ti. �( 4 ., ., 11,,. ...,-f. .) (,ii, „. .,„ . IINt '"4`- ,�,4 < -,7 ` , ®' a t.S 40 . . , •lrl - Asit�ii ',.dria .' , +{, -- m.,, - Photo 7•Photo taken half way up driveway facing north, looking down planted silver maple row , d f1 , •1/ ,, : v :: ri , •_H!trill� 1 I� , d`IA t 4+ . f =j", ��a` ' y { — !1."r' Photo 8-Photo taken along driveway facing NE Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C - 4 •,; ; ' ,;A.-....4.,§%.-2,-7,-1,, :max. _ 'ems" t Photo 9-Photo taken along driveway facing west towards driveway entrance. rvt,, ' i�, ' s is > ,s1.4,1- t ..11 F4 4., t'•• It ...M _ — ,....art A� Photo 10-Photo taken near north edge of sliver maple row facing east looking downslope towards buildings. Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C 5 , Ftrj.'",- -f,dAt4.411 . . ',,, •* ' • .: . .4 jth AP.. ,i0. ..",''t e 40 4"r". 1 . ' rilli 4- - . ..kt . , • '% dot ., . ,, . 6_ ....,..., e.. , _ , r.,....;.,.. ... _..,, . _ _ ,,,• ,. , . ,____,,..!1,,, ._„. _ s • '-- - • ' , * "' ' • - r : , , t 4 - , i rit • t . * .. _ Photo 11-Photo taken near small forest stand along north property line facing northeast ..s.„. te * ., 9' 11110011 :i.oik•., g •?*•044..i.t4110"'' • ' ' , ..,,.' ",•:. A tail iiiie "'..,i 46,...._ . ,14....:., r.... ,. ...,, ...„ . . - - ,..• •-"RA.---6 i.ire:"t il I).414 pare. , - ' *1-,._AS A -i-4,:::;1 ,.-'.. Ad...,:.it.4.1'• i. . t , 1,111111)%4 Si i 1 krPa "+.' 4. V ' 1` • — 01.,..i,' ..t. '..,,- • 4- • Iif,• ,..- •." , . ,'• • . 1..ff‘rrtilti. -,,, ,.:t-'• :% -:;-. ...`;.,,„` .4 ,,;,,1 , 5., _. • 4•"le.;/.1.',- ...,..t`IN , Z4'74:.,•,* gr.= - -- -.10, . •,t, .# -.4,-, k, iiegrik , AP" % It I irt illi ..;•67%Ill --.0.1iv,‘,...4..1.6. .,,‘ , iv. "...;71;pri,1.1, -', i III ti.i 7 'ti, - . ...,' ....---- ,„ " ';-!., -----.-- --7--,-- 7.: .-' ' ..4 I•..v"*:---.':--''...-7----- ' dr •011.1.e lir Photo 12-Photo taken near exterior garage facing southeast. . 11111111111111MMIIIIIIIIIIIIIIIIIIIINI1111111111111111111111.10 Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C - 6 -itflbI.4713K,.k., • • • • Photo 13•Photo taken from North Arm Dr. near driveway entrance facing east. • I•• t • Photo 14-Photo taken from northwest corner of property facing southeast. Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C 7 Y+s� S r 4� C. R �1 �a . Y r * . Photo 15-Photo taken North Arm Dr. facing south, looking at entrance of driveway. I - ..., —.,.,•rte Photo 16-Photo taken in front of driveway entrance facing north along North Arm Dr. - - Frenzel Addition 800 North Arm Drive, Orono, MN Appendix C 8 APPENDIX D . Vegetation Management Plan Franzel Addition 800 North Arm Drive, Orono, MN Appendix D 1 ' 'sc.,: ' '' '~ , '• ,,...1',:-- .:-.-it.,:i1W-G4t,..,, ,,:li;i.,". •Tx.,!`'''''.'"ti•-•;: ' 7.;":4,;,-...i'7'::,,.,'-‘ 4. ''''';',-. 1‘;','-''' ;:-l'-','''''' ' .. ' ; : : ' 1:; fi; I°. ,�e,7„,,.� t .� a .� ‘4'''' '` E • �. .3;:.. '-1S,'":4,,V,,,tt. """t yrt r a') iG s t 1,1 i i 4, r r 7 4 a I $ iir 7.1 1'r' „ #9 r ''�# x t � z -21' -.'�j' a., • { —''r'r'e4*j"''''' s e t t • .on , „ „ ,..„,,-,;.,,,,,:,;,.. .,...,„..,;:„,,,,,,,„....,,,„ :1:-..; .f.;: .. a �'' 4 k.:F 1 , . a� x 800 North Arm Dr, Orono, MN #”" as -a' a * i.at7' '' K "k ,i e +," ' ,e,, t' ,,.: , Dat$: January 3017 Project No.. 16-19986 t S S 113 ARCHITECTURE+ENGINEERING+ENVIRONMENTAL+PLANNING PURPOSE The invasive species located on this site include common buckthorn(Rhamnus cathartica) and reed canary grass (Phalaris arundinacea). These species are considered invasive terrestrial plants by the Minnesota Department of Natural Resources and should to be managed accordingly. The vegetation management plan is to focus on controlling invasive species within the buffer areas only. Therefore, the following vegetation management plan describes effective methods to remove the different invasive plant species along with the re- establishment of native vegetation within the wetland buffer areas. In addition, ISG recommends that certain highly aggressive invasive plant species located within the wetlands and upland also be controlled while they are still in a manageable state. Pursuant to Orono Municipal Code, Chapter 78, Article XII, Section 78-1632, "The Conservation Design Master Planning requirements of this article apply to all proposed residential subdivisions or multi-unit residential developments greater than five acres in total area or guided for urban density(greater than one unit per two acres)". The Vegetation Management Plan has been created as one of the conservation strategies used within the Conservation Design Master Plan to improve the sites' ecological assets. The developer is responsible for initiating the vegetation management plan immediately after development plans have been established. Vegetation management will initially begin within the area of construction and then be applied concurrently with the construction to the remainder of the area. The vegetation management will continue annually until the invasive vegetation is eradicated. See the Schedule of Activities sections below for a description of the timeline involved with the vegetation management activities. METHODS The wetland buffer areas will require aggressive management to be preserved in a natural condition with predominantly native,non-invasive plant species. Management will include the control of existing non-native and invasive vegetation, the encouragement of native species,and future monitoring of the site to discover any newly established invasive plants. Native species that are dominant fall into the Northern Wet Meadow/Carr classification according to the Minnesota DNR Ecological Classification System (Dunevitz and Lane, 2004). Common buckthorn and reed canary grass occurs at both wetland site and upland areas, and are considered to be invasive within this community type. We have provided control recommendations for both the buckthorn and reed cry grass observed in the wetland and buffer areas along with the other invasive species found on site. The removal and annual control of invasives in the buffer areas will be either self performed by the developer or contracted out at the developer's expense. This will also be the case for the installation of the native vegetation. After the initial remediation of the buffer area is complete, ISG, or another contractor chosen by the developer, will monitor the buffer area and submit annual reports to the city of Orono describing the progression of the management area if desired by regulatory personnel. Frenzel Additior -800 North Arm Dr. Vegetation Management Plan The developer will retain ISG as a consultant (or other contractor of their choice) for the purpose of monitoring the vegetation management activities within the buffer area for the time period of three years, where the chosen contractor will visit the site twice per year. The developer will request notification by the city of Orono before an on-site inspection is conducted by the city(or its designated authority). The developer's inspection contractor will report the progress of the monitoring activities to the developer after each site visit and will also discuss any issues with the city of Orono at the time of the scheduled on-site inspection. CONTROL OF EXISTING BUCKTHORN Common buckthorn (Rhamnus cathartica) is established throughout the project area as understory of forested areas, and as monoculture stands in upland areas where the site had been previously clear-cut. Seed carried by birds has helped introduce this species throughout the region. Buckthorn generally does well in moderately shady forested areas. Buckthorn can usually be found throughout the Twin Cities in fragmented woods or city lots and invades first from forest edges and slowly moves inwards. Buckthorn has been successful at establishing itself in these woods due to its long growing season,rapid growth rate,and copious fruit production. This establishment of buckthorn has multiple ecological detriments such as out competing native plants,disrupting the forest structure,and reducing plant species diversity. These detriments have lead to major efforts to prevent the spread of buckthorn and restore the forests to an ecologically productive and functional state. Proper management and yearly follow-ups will be necessary for this site due to the seed bank left behind by buckthorn which can regenerate for up to 6 years after removal has taken place. To eradicate the existing buckthorn,cut the plants and treat the stumps with herbicide such as Roundup (or its counterpart in wet areas, Rodeo). Application should be full-strength. When cutting the larger buckthorn,place flags near the stump so that stumps are not missed when the chemical treatment is applied. Herbicide treatment needs to occur within two hours of cutting to be effective. If cutting is to take place in the winter, flag buckthorn so that similarly appearing native plants such as black cherry are not mistaken as buckthorn. One application of glyphosate (Roundup or Rodeo) on the outer growth rings of a freshly cut stump in August or September has proven to be effective,though other treatments are known to work as well (Converse 2003). Applications during the autumn or winter are also proven to be successful. Do not apply glyphosate or other chemicals during the spring because this is considered the spring-flush growth period in which sap is running and the plant is using stored energy. Therefore, the chemicals that are applied in the spring will not make their way down to the buckthorn's roots. Glyphosate is a nonselective herbicide that will kill non-target plants if it comes into contact with them. Managers should exercise caution during application,and not spray so heavily that herbicide drips off the target species. For areas that are adjacent to wetlands on site,chemical treatments must be labeled for aquatic use such as Rodeo. 16-19986 Franzel Addition -800 North Arm Dr. Vegetation Management Plan Basal bark application of Garlon 4'(University of Minnesota Extension Service 1999) is another option for a chemical application. To prevent dense re-infestations we advise careful monitoring of the site every 1-2 years. Upon the discovery of newly established plants it is recommended that the newly emerged plants be pulled out of the ground, including the roots, immediately. There are specialized weed pullers to facilitate pulling larger plants. Pulling is the preferred option when there are localized infestations of small plants;thorough monitoring should ensure early detection of newly emerged seedlings. During the buckthorn removal process it is important that soil disturbance is kept to a minimum and that already established native ground cover species are kept intact. By reducing this disturbance,rejuvenation of native plant species will increase and soil erosion will be kept to a minimum. On some sites, planting may not be required. Instead of planting, wait 2-3 years watching for natives to return from roots or seed. If a herb layer does not return after 1-2 years, lay down a layer of mulch with wood chips or leaves to assist with native germination. Under-story clear-cutting is not suggested and should be avoided as an option for buckthorn removal. This activity encourages herbaceous invaders such as garlic mustard(Alliaria petiolata) and giant knotweed(Polygonum sachalinense) to take root in these disturbed areas. If the removal of buckthorn results in an extensive denudation of the area,the option for allowing the buckthorn to remain exists at the discretion of the City. SCHEDULE OF ACTIVITIES FOR BUCKTHORN Year 1 Removal and Chemical Application: Flag buckthorn(if necessary). Cut buckthorn throughout the buffer areas. Treat stumps with chosen herbicide and corresponding methodology specific to the herbicide. Planting (Optional): Augment with native shrubs (3-4 different species, 2 to 3 per cluster or dispersed),trees,and herbaceous plants. Add mulch around each newly installed plant— about 1 foot radius. Protect young shrubs from browsing deer, rabbits, etc. using protective structures. Planting should occur in late spring or early summer to ensure successful establishment. On some sites,planting may not be required. Instead, wait 2-3 years to watch for natives to return from dormant roots or seed. Year 2 Monitor new plantings and maintain protective structures. Check area for buckthorn infestations as well as other invasive species such as tartarian honeysuckle (Lonicera tartarica) and burdock (Arctium minus). Spot treat invasive vegetation that emerges with recommended herbicide described in the procedure for Year 1. Year 3 Verify that the area is still dominated or becoming dominated by native species. Repeat procedure described for Year 2 for eradicating invasive vegetation. If native 16-19986 Franzel Addition-800 North Arm Dr. Vegetation Management Plan species have not become established and a planting did not take place in Year One, then Year Three is when a seeding/planting should take place. See attachment for appropriate seed mixes and seed rates. CONTROL OF EXISTING REED CANARY GRASS Reed canary grass is present within the buffer areas along the wetland basin.Reed canary grass forms dense and highly productive monocultures in a way similar to broad leaf cattail and purple loostrife. By producing these large monoculture areas,the biological diversity is then essentially homogenizing to that of one habitat structure. Reed canary grass grows from seed, stem fragments, and rhizomes. Within one growing season,the rhizomes in the soil produce a dense mass which will out compete the native plants already rooted in the soil. Reed canary grass is a facultative wetland species meaning that it can grow wider a variety of hydrologic conditions. The grass tends to be found in moist or wet soils and can tolerate water conditions ranging from high water levels to drought like conditions. Reed canary grass is a persistent and tenacious Eurasian plant species that has been planted throughout the U.S since the 1800's. At the time,the grass was known for its large forage yields and erosion control abilities but as time went on other characteristics of the plant were recognized. Some of those characteristics include its prolific seed dispersal,robust vegetative growth, and dense network of underground rhizomes with thousands of dormant buds(Wisconsin Reed Canary Grass Management Working Group, 2009).Similar to buckthorn,the seed bank can last for up to 6 years meaning that follow up management will need to take place following the eradication of the invasive plant species. Reed canary grass is one of the first wetland plants to emerge in the spring and therefore is capable of shading out other native plants that emerge later. To eliminate reed canary grass,it is necessary to replant immediately with plant species that can out compete any residual plants or seeds, and retard erosion(Rhodes and Block,2002). The recommended way to eradicate the reed canary grass for this location is by using glyphosate. The best sequence for eradicating severe infestations of reed canary grass is to apply the glyphosate in the fall followed by a prescribed burn during the winter or early spring to bum off the dead thatch. Then spray again in the spring to kill the seedlings germinating from the seed-bank(Jacobson, 2006). The timing of these activities is extremely important for this method work effectively. Another control method is to mow the reed canary grass in late June and follow up with a late August or early September treatment with glyphosate by promoting active leaf growth. Also if a fall application of glyphosate is chosen,then no mowing should be conducted after July 15. It is important that these time periods are followed for a successful eradication of the reed canary grass. 16-19986 Franzel Addition-8CC North Arm Dr. Vegetation Management Plan SCHEDULE OF ACTIVITIES FOR REED CANARY GRASS Year 1 Fall Application of Glyphosate(Rodeo,Roundup): A fall application of glyphosate will kill off nearly 100%of the existing reed canary grass. Make sure that the plant is still physiologically active before spraying. Year 2 Spring Application of Glyphosate: This spring application will kill the grasses seed bank as it begins to grow. Reed canary grass is one of the first plants to emerge and one of the last plants to go dormant in the fall thus making it an easy target for herbicides. Spring Seeding: After the glyphosate application has taken place in the spring the suggested seed mix should be planted. This planting should not take place until 14 days after the application has taken place. Year 3 Verify that the area is still dominated or becoming dominated by native species. If reed canary grass still persists, another spring application followed by a fall application may be needed. The early and late glyphosate application can also be effective,providing 99%control in the first year(Paveglio&Kilbride 1996). SPECIES RECOMMENDATIONS FOR PLANTING Attachment A contains a recommended Minnesota state seed mix,Riparian South and West (34-261). This mix can be used in the bare areas that will likely be created as a result of buckthorn removal(Wetland Buffer). 16-19986 Franzel Addition -800 North Arm Dr. Vegetation Management Plan CERTIFICATION Lucas Mueller completed the invasive species field work on December 19, 2016 and completed the Vegetation Management Plan on December 30, 2016. Client: Kevin Anderson—Foy Homes Project Name: Franzel Addition—800 North Arm Drive Project No.: 19986 Location: Orono, Minnesota Lucas Mueller Environmental Scientist REFERENCES 16-19986 Franzel Addition-800 North Arm Dr. Vegetation Management Plan Converse, C. 1984. Element Stewardship Abstract for Rhamnus cathartics, Rhamnus frangula (syn. Frangula alnus). The Invasive Species Initiative. The Nature Conservancy. Last updated 2004. Accessed May 17, 2005. <http://tncweeds.ucdavis.edu/esadocs/documnts/franaln.html> Delaware River Invasive Plant Partnership-Invasive Plant Fact Sheet-Reed canary-grass -http://www.paflora.org/DR1PP.htm -Authors: Ann F. Rhoads and Timothy A. Block - April 2002. Dunevitz, H. and C. Lane. 2004. Species Lists for Terrestrial and Palustrine Native Plant Communities in East-Central Minnesota. A joint project of Minnesota Department of Natural Resources,Great River Greening, and Ecological Strategies,LLC. Paveglio, F.L. & K.M. Kilbride. 1996. Integrated management techniques show promise for control for reed canary grass (Phalaris arundinacea) in seasonal wetlands (Washington). Restoration and Management Notes 14(1):79-80. R. Jacobson. 2006. Restoring and Managing Native Wetland and Upland Vegetation. A joint project of Minnesota Department of Transportation and Minnesota Board of Water and Soil Resources. Shooting Star Native Seed. 2016,MN State Seed Mixes. http://www.shootingstarnativeseed.com/MN-state-seed-mixes.htm University of Minnesota Extension Service. 1999.Thistle Control. Yard and Garden Brief http://www.extension.umn.eduiyardandgarden/ygbriefslh525thistle.html University of Minnesota Extension Service. 1999. Buckthorn Control. Peter Dzuik, Script Writer. MN Dept. of Ag. Bulletin Buckthorn and Its Control: Hennepin Parks, U of MN Dept. of Forest Resources. http://www.extension.umn.edulinfo- ui en v ironrn enti B D 5 16.html Wisconsin Reed Canary Grass Management Working Group. 2009. Reed Canary Grass (Phalaris arundinacea) Management Guide: Recommendations for Landowners and Restoration Professionals Attachment A Shooting Star Native Seeds(2616) 16-19986 Frenzel Addition -800 North Arm Dr. Vegetation Management Plan 34-1E;Riparlan Sauthl West ...:F. :.C to to l COMMON NAME S6 of Mta 0011:061W Pats/Ace. GRASSES: ..-..,. ,�. American Sl ou0hlress 4.32% 200 1-36 PLO Ib Elymus riparias Riverbank Wild Rye 1.50% 0.3 0.50 PLS b Vngtnia Wild Rye 3.56% 27 1.73 PLS lb Gtycerla erandts American Manna Grass 0.711% 3.4 0.25 PLO lb t t Trawl Manna Eras 014% 3 0 0.00 PLO lb Lianas rryzoidae Rice Cut Grass 0.11% 13 0.16 PLS lb Pct pa'uru rt yowl Bluegras 1.47% II1 034 PLS b ya-dr..pectinate Prairie Cord Orass 03146, 0.1 0.20 PLC It. SEDGES&RUSHES: Panted-broom Sedps 0.1f% 10 0.00 P4.1110 Carex cuicia Tussock Sedge 0.13% 0.6 10E PLS ib Brown Tar Sedge 0 33% 7 3 0.20 PLS Ib )un:ur cenuis Path Rush 0.10% 11.0 0.0:4 PLO lb Omen%inrush 20 3 r t.s lr Saidyus eyperinus Woolgrass 0.16% 31.2 5.0S PLS lb , ...e,,.e...r .. a S..amp Milkweed ,,3Hv. 0 2 0.12 PLS lb Pupterium maculatum Joe Pye Weed 0.14=A 2.1 0.06 91.116 Euparonum t.erfolta.um B0nese1 13 0.01 PIi* MCLsNrn autumal• Sneeteweed 0.10% 2.4 035 PLO Ib Raldrrthuc gteantava Gant Sunflower 0 3 0.07 913 b Impeller.capenais Spatted Touch-me-not 0.16% 0.1 0.01 PLO lb Lobelia aphdmea great Blue Lobeh63 0 0 O PIA Ib Mkl lmua Mast e Monkey Mower 0.01% IBA 031 P03 b Pyotaralaeowm vw/utanum Mountain Mit 40 0All PIER. Ordbadds ladnleta Vend holders Glow 0.16% 0.3 0.01 PLO b Solidap atpaate. Gant Goldenrod 0.00% 10 0.02 PIA lb Verbena tuatara Blue Vervain 0.411% E.1 0.12 PLO lb V.vncese looescdrt, Common ironwood 010% 0.0 304 MA lb 8 16-19986 Franzel Addition-800 North Arm Dr. Vegetation Management Plan ,,, - 1 Hennepin County Locate & Notify Map i Provided By: Resident and Real Estate Services Date: 10/18/2016 vu i . P 06-117-23-42 06-117-23-41 " . . 05-117-23-32 PC Exhibit G 06-117-23-43„ ,_ 06-117-23-44 05-117-23-33 ___,._________,\ � , n r 4 p J . rttli _ 05-117-2.3-33 P IRF • , 'kb'''. Or.., '4411111pir '''f 07-117-23-11 07-1 fT Z 12 f 08-117-23-2.2 - .. �,- N , ., s'�¢t c - . 07-117-23-12" 07-117-23-11 08-117-23-22 R L i 07-117.23-13 ,� i 07A 17r- 08-117-23-23 M— _ Buffer Size: 350 feet 0 120 240 480 ft Map Comments: l i i i 1 i i i I 800 North Arm Drive Orono RECEIVED For more information contact: MN 55364 Hennepin County GIS Office 06-117-23-44-0016 300 6th Street South OCT 2 4 2016 Minneapolis,MN 55487 yIs.infolghennepin.us err'OF ORONO # 3883 bend along one TO I ��1 Use Avery®Template 5160® feed Paper expose Pop-up Edger" t� AVERY® 5960'* 38 06-117-23430007 38 07-117-23110010 W L SCHMITT FAIZ M&KATHLEEN J KHAN 750 N ARM DR 850 WINDJAMMER LA PC Exhibit H MOUND MN 55364 MOUND MN 55364 38 06-117-23430008 38 07-117-23110011 WILLIAM SCHMITT DANIEL K&JEANNE A KELLY 750 NORTH ARM DR 860 WINDJAMMER LANE MOUND MN 55364 MOUND MN 55364 38 06-117-23 43 0009 38 07-117-23 11 0012- JEFFREY P CARLSON BENJAMIN L MITLYNG 770 NORTH ARM DR SARA J MITLYNG MOUND MN 55364 870 WINDJAMMER LA MOUND MN 55364 38 06-117-23 43 0010 38 07-117-23 12 0028 JEFFREY P CARLSON DANIEL L CUMMINGS 770 NORTH ARM DR MARTHA CUMMINGS ORONO MN 55364 865 WINDJAMMER LA MOUND MN 55364 38 06-117-23 43 0016 38 07-117-23 12 0029 NORTON HOMES LLC RONALD&JUDITH DAVISSON 4325 LAKEVIEW CT 860 N ARM DR MOUND MN 55364 MOUND MN 55364 38 06-1 17-23 43 0017 38 07-117-23 12 0030 SOURCE LAND DEVELOPMENT INC BRETT T/CAROLYN A BROGHAMMFE'R 18215 45TH AVE N S I b D 875 WINDJAMMER LA PLYMOUTH MN 55446 MOUND MN 55364 38 06-117-23 44 0001 RAPHAEL T WALLANDER LAURA C WALLANDER 1030 WILLOW VIEW DR ORONO MN 55356 38 06-117-23 44 0016 NORTH ARM FARM LLC 2440 120TH STREET LUCK WI 54853-4130 38 07-117-23 11 0008 BOAKE MUNSCH 835 WINDJAMMER LA MOUND MN 55364 RECEIVED 38 07-117-23 11 0009 MARK C STRASSER OCT 2 4 2016 830 WINDJAMMER LA MOUND MN 55364 3883 CITY OF ORONO Etiquettes faciles paler ; Sense Repliez a la hachure afln de www.avery.tom Utilisez le gabarit AVERY 5160® chamement reveler le rebord Pop-upTM y 1-800-GO-AVERY MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,Apri118,2016 PC Exhibit I 6:30 o'clock p.m. Schoenzeit stated because they are using the existing frost footings and extending to it,it would be nice '' did not become a 4-season porch. Lan: , .ver stated he had initially interpreted this to go beyond the 75-foot line,but if it is a s=....nal porch tending out to what appear to be existing substantial footings,it is probably okay. Lemke Indic. =. he is fine with the proposal. Thiesse stated his ' *al thought was that they have plenty of room to the si. nit that he likes the idea of using the existing foo s. Leskinen indicated she does .of have any problems with the vari. .ce. Schoenzeit stated the recommend: '.n should require that . e submitted plans are corrected showing only those footings and not that a poured . .dation will . ompleted. Thiesse stated a foundation of that type tend: .. •llect debris and attract rodents. Schoenzeit stated the consensus appears te that th- •..licants can reuse the existing footings but that they are not in favor of having it be . -season porch no , in the future. Thiesse stated he would like . next Planning Commission and • +cil to make that decision and that he is comfortable with the a.. ' ants using those footings without any :•.; 'onal stipulations. Schoenzeit stated th:. need to correct their plans to show that it is not a solid . 'dation. Landgraver 'ved,Schoenzeit seconded,to recommend approval of Application •. 16-3818, SALA Ar .1 tects on behalf of Chris and Leslie Neugent,710 Big Island,granting of va ' nces, subject i compliance with septic regulations and the submittal of a revised plan showing t+ . exp sion to the existing footings not as a solid poured foundation. VOTE: Ayes 5,Nays 0. 3. #16-3819 KEVIN ANDERSON ON BEHALF OF NORTH ARM FARM,LLC,800 NORTH ARM DRIVE,SKETCH PLAN,6:44 P.M.—7:28 P.M. Mike Gaffron stated the applicants are requesting a sketch plan review for a 4-acre property proposed to be developed into three single-family residential lots. All lots would be served by a new private road and would be served with municipal sewer and individual wells. Since this is a sketch plan,the neighbors have not been notified of the plans and no formal action is required by the Planning Commission. The property is located on the east side of North Arm Drive near the southeast corner of the Lakeview development. It has frontage on North Arm Bay. That frontage is on the northeast side and along the east boundary. The west half of the property slopes gradually to the east,with steep slopes at the east and northerly shorelines. The area where the north lot boundary nears the lakeshore is likely a bluff by definition. No structures are allowed within 30 feet of the bluff. The property is zoned LR-1B,one family lakeshore residential, and is guided in the Orono Community Management Plan for residential use. The LR-1B District has a number of lots in the neighborhood that are bigger or smaller than this one,and it would be fair to say that these lots at 1-acre apiece are Page 3 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. considerably long and narrow in configuration. The average lakeshore setback can be a potential issue with these properties and will depend on which lot gets developed first. The westerly two-thirds of the property is generally open,while the steep slope area along the lakeshore of proposed Lot l is heavily wooded. The area around the existing house contains a number of mature trees. The shape of the existing property is somewhat of a point jutting into North Arm Bay, and as such, has shoreline running north,south, and shoreline running east-west. The linear shape of the property forces the proposed lots to be long and narrow in order for each lot to have at least 140 feet of width. There are a few small areas of wetland along the northerly shoreline. The property to the immediate north at 790 North Ann is also a lake lot. The property to the immediate south includes two off lake lots and a lakeshore lot. The west half of the property slopes gradually to the east,with steep slopes at the easterly and northerly shorelines. The area where the north lot boundary nears the lakeshore is likely a bluff by definition. The property contains an existing residence and a number of outbuildings that are served by a 700-foot long driveway along the south lot line. A potential issue with the proposed house site on Lot 1 is that no structures are allowed within 30 feet of the top of bluff. The top of bluff will most likely be defined as the 960' contour. The 30-foot setback would likely force the house further west,away from the lake and closer to the cul-de-sac. Lot 2 contains the existing municipal sewer lines that were installed in 1973. The sewer line crosses the property from north to south and discharges to a lift station at the very north end of the property at the shore,which in turn pumps into a parallel forcemain that runs back up the hill adjacent to the gravity line, discharging to a manhole in Windjammer Lane. The easement for that sewer line is 20 feet wide and no structures can be built over that easement. That results in a proposed house location being restricted to the triangle between the sewer easement and the 75-foot setback. In addition,the Public Works Department utilizes a route outside of that easement due to the topography. It is necessary on a regular basis to bring a truck down to the lift station for maintenance and that route is used since there is no other way to access the lift station. The City needs to preserve this non-easement route for future sewer system maintenance. Lot 3 contains the existing house that was built in 1956. Replacing the house will likely require it to be moved back from the lake some distance as the 75-foot setback line appears to run through the east side of the structure. With or without the proposed subdivision,an average lakeshore setback variance would be required for replacement of this house. The property is located within the MUSA and is intended to be served with public sanitary sewer and private wells. The proposed subdivision would generally be in conformity with the 2030 CMP which guides the property for low-medium density single-family residential use. Although only a small number of homes will be served by the road, City Code requires a road width of 24 feet paved width in a 50-foot road corridor. Given the one acre urban density of the proposed development,it would follow that the road system should be public. However, since recent urban-density developments have been directed by the City Council to be served by private roads,the applicants should be advised to prepare as if the road system will be private. Staff recommends that the road be a public road. Page 4 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. The road access onto North Arm Drive is outside of a curve and would not be expected to have any sight distance concerns. At approximately 375 feet in length,the cul-de-sac meets the City's 1000 foot maximum length limitation. A potential issue for discussion is that the proposed cul-de-sac location abuts the rear yard of the existing residence at 835 Windjammer Lane. While those owners and their predecessors have experienced a single private driveway at that location since the house at 835 was built in 1969,the driveway at 800 North Arm has existed at its current location since at least the 1940s or earlier. Conversion of the driveway to a road may have negative impacts to those neighbors and consideration should perhaps be given to requiring additional buffering or separation of the proposed road from the south lot line. The cul-de-sac could be moved further north into Lot I but that may have additional impacts on the already linear shape of the lots. Based upon the density being proposed, Staff would conclude and recommend that the road be publicly owned and maintained. If the road is deemed to be private,the City will require a road,drainage and utilities easement over the private road,which should be platted as an outlot and designed and built to City private road standards. Standard perimeter drainage and utility easements around all property boundaries, as well as conservation and flowage easements over the delineated wetlands will be required. An additional easement for sewer system maintenance would be appropriate to obtain at the time of subdivision. The CMP does not indicate any future trails along North Ann Drive. No sidewalks exist in this area of Orono and none are contemplated. City Code requires dedication of eight percent of the land as public park or payment of the equivalent value in cash. The anticipated park fee would be$5,550 per lot,for a total park fee of$11,100. The property will also be subject to the stormwater and drainage trunk fee. If the existing residence is intended to remain,the Code would suggest that the fee would be approximately$10,500. If it is removed,the fee would be$15,750. The existing sewer connection for the house on Lot 3 runs across proposed Lots 1 and 2 along the shoreline. Leaving it as is will require establishment of easements between the properties. Adding sewer stubs to serve Lots 1 and 2 is likely necessary and may be difficult since the existing gravity line is approximately 15 to 20 feet below existing grade. Municipal water is not available and not planned to be extended to this area of Orono so private wells will be required. The property contains a narrow strip of delineated wetland along the northerly shoreline,which would presumably remain untouched. The City will require a conservation and flowage easement over this strip of wetland. Due to the need for vehicular access for municipal sewer maintenance,the City will likely require that buffer widths and locations be established in a manner that will accommodate such maintenance. The site is relatively open,with one significant wooded area in the steep slope area directly downhill from the proposed building site on Lot 1. The developer is encouraged to preserve existing vegetation to the extent possible. It is likely,however,that connection to the municipal sewer along the shore will require some disruption to the wooded area. The property will also be subject to the City's Conservation Design Ordinance. Each of the lots will be subject to Tier 1 hardcover limits. Staff recommends the Planning Commission discuss the issues outlined in Staff's report and provide the developer with an overview of the pertinent City ordinances and how they affect the proposed plat. Page 5 of 32 MINUTES OF lilt ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Lemke stated in his view there is a fake easement and a real easement across the property. Lemke asked if the real easement should really be labeled as an easement. Gaffron indicated the real easement is depicted in yellow and is 10 feet on either side of the pipes. The area in green is a path and is not an easement. Over the years there has been a good relationship between the current owner and the City to maintain that sewer. If the sewer cannot be maintained,it likely will stop working and cause issues. Schoenzeit stated it would be better for the new owners to have that access formalized so they understand it is there. Leskinen noted it clear that the topography dictates that access route. Gaffron stated the City does not have the option to come in from the other side since it is fairly steep and that that path has been route that has been used through the years. Landgraver asked if the path could be extended to the red line. Gaffron stated he does not believe that Public Works could negotiate that path since it is very steep in a couple of areas. There is a potential that the driveway to Lot 2 could be utilized. Lemke asked if there is a reason why a formal easement was never obtained for the path. Gaffron indicated he is not aware of the reasons for not obtaining that but at some point an exact route needs to formalized,which could impact the building pads. Lemke asked how far back the house pad will need to be on Lot 1. Gaffron stated if the 960' contour is the actual bluff line, it would be back almost to the 955' or 956' elevation. The house would still meet the setbacks but would be located a little further from the lake. Thiesse commented he does not envision the lot lines for Lot 1 being a major issue. Thiesse asked if the cul-de-sac was drawn by the applicant. Gaffron indicated the original sketch was drawn by the applicant and that he drew out some possible options to see what the impacts would be on the house. Thiesse asked if the shortening of the cul-de-sac would impact the frontage. Gaffron indicated it would not since it would be measured from the shoreline and at the 75-foot setback. Gaffron stated it would not be measured at the cul-de-sac for lakeshore lots. Thiesse noted if the cul-de-sac is shortened and the road is a publicly owned street,it would reduce the City's exposure. Lemke asked if the average lakeshore setback is based on the setback of the existing house from Lot 3. Page 6 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Gaffron stated if the existing house remains,then the average setback line for either Lot 1 or Lot 2 would be drawn from a point on the existing house to the new house on Lot 1 or 2. If they are going to remove that house,the setback would be drawn from a different point. If the house is removed,potentially all three homes could be built lakeward of the average lakeshore setback. At that point you would need to look at the impacts on the views by the adjacent properties. Gaffron stated if the Planning Commission is comfortable with the homes being at the 75-foot line and the Commission does not have any concerns about the neighbors' views,then that could be the line and it could be made a condition of the subdivision. Leskinen stated for a subdivision like this,she is inclined to establish something independent from the other average lakeshore setback. Kevin Anderson,Applicant,stated he appreciates the input and that he likes the other possible layouts drawn by Staff. Anderson asked what the Planning Commission would recommend for a driveway layout. Thiesse indicated he likes the shorter cul-de-sac as depicted in Option A. Leskinen noted Option A would also provide some flexibility for Lot 1. Anderson stated in his view it would also not impact the adjoining lot. Thiesse asked whether the City would be responsible for stormwater treatment if it is a private street. Gaffron indicated it would likely be located on one of the properties and there would likely be an easement over it. Gaffron stated it is likely the City will have to maintain any stormwater system in this area since it is unlikely there will be a homeowners association unless it is a private road. In that case,the City would put the onus for maintenance of the stormwater system on the homeowners association. Thiesse asked if that would impact the dry buildable area. Gaffron noted there is 1.4 acres for Lot 1 and just one acre each for Lots 2 and 3 so that it could potentially impact the dry buildable area. Gaffron noted the applicant would gain a little bit of dry buildable acreage if the cul-de-sac is moved back. Gaffron stated the Minnehaha Creek Watershed District could also require a rain garden on each of the lots since it could be difficult to divert the rainwater from one of the lots to a pond on another lot. Thiesse stated if the City would allow the applicant to lift the cul-de-sac by around two feet to help with the runoff and eliminate the pond in the middle of one of the lots. Gaffron indicated that is a possibility. Schoenzeit asked if the lift station also serves properties from the other direction. Gaffron indicated it serves approximately eight or ten homes to the north. Gaffron stated it is likely the gravity line serves the Windjammer area. Lemke stated he would like to see that fake easement formalized. Page 7 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Landgraver asked what the applicants'plans are for the existing house. Anderson stated ideally they would like to build a new house on top of the existing foundation. Landgraver noted there will be a number of easements over Lot 2. Anderson commented that is a little concerning and that they will have to be very creative to get a house within that small envelope. Gaffron suggested the applicant consider realigning the property line slightly to push the house further away from the 75-foot line, especially if the foundation for the existing house is going to remain. Thiesse stated the City should find out what is needed for a path to service the lift station and then formalize that. Schoenzeit suggested a backup generator also be considered,which could reduce the number of trips to that lift station. Gaffron commented there is likely a monitoring system of some type that alerts the City when the power goes out. Anderson asked if the red dotted line could be moved to the west. Gaffron stated that is a possibility and that Staff will need to determine how far to the west they can drive to access the lift station,which would help with the location of the building pad. Anderson stated they could also consider constructing an end-loading garage on the far west side of the lot. Landgraver asked what the applicants feel about the impacts to Lot 1 with the bluff. Anderson noted he was unaware of the 30-foot setback but that the house would be brought forward if Option A is used. Anderson stated they could also attempt to put a rambler in there rather than a two- story. Thiesse noted anything within the 75-foot setback is regulated by the City. Landgraver asked if the City mandates that the sewer line for Lot 2 connect to the existing gravity line or the lift station. Gaffron indicated that decision cannot be made at this point. Anderson stated if they are going to construct a house on top of the existing foundation,he would like to explore the possibility of putting in a lift station in that existing house. Gaffron stated another option would be to consider individual grinder stations if it is too expensive to connect into the existing gravity line. Page 8 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Schoenzeit recommended the drainage be dealt with on each individual property. Anderson indicated he likes raising the cul-de-sac and moving the stormwater pond as far west as possible. Thiesse recommended the developer also take into consideration the headlights from vehicles if he raises the cul-de-sac. Landgraver asked what the applicant's thoughts are about a private road versus public. Anderson stated he would prefer to go with a private road since it would be less costly. Gaffron noted the costs are fairly similar,with the private road being slightly lower since it would not need to be 28 feet wide,but that a cul-de-sac would still be necessary. Gaffron stated given the relatively short length of the road, it is likely the City Council would require the road be private. Lemke asked if there will be separate driveways for all three homes. Anderson indicated given the price point of the homes,the purchasers would likely prefer their own driveway. The Planning Commission took no formal action on this item. #16-3821 TIM AND MARY BECKER, 1565 FAIRVIEW COTTAGE LANE, C 'r MONAL USE PERMIT,7:28 P.M.—7:35 P.M. Tim Becker, •plicant,was present. Gaffron stated the a•. ' : .t is requesting conditional use permit approval - installation of a full bathroom,including a toi -. ink and a shower/bathtub in a proposed 1 '.#0 square foot detached garage on the property. A total of 2.0 ., s is required in order to permit al•est house conditional use permit. The property is 1.2 acres in area an• ' therefore not eligible for . : est house conditional use permit. The property is a lakeshore lot with an : ting house. There " also a drainageway on the property shared with the neighbor to the immediate west w. ,R likely wil .of cause any issues. The proposed detached structure consists of a I garage with a bonus room above it to be used as a hobby/studio area. While this space will cont.•a the p. -ical features that might make it seem attractive for use as a dwelling or base for a home occ .ation,such use ill not be allowed and the property owner will be required to execute covenants pro iting such uses. Har. ;ever and structural coverage will be within the 25 percent and 15 percent 1'., ts. Gaffron displayed the layout of .e second story of the building. Planning Staff recomme.:s approval of the conditional use permit for plumbing,inclu.••g a bathtub or shower, within the p '.osed detached accessory garage structure subject to the conditions .:.t the owner execute a covenant ' be filed in the chain of title establishing the following: a. Use. "or a home occupation unless specifically approved by the City or if allowed by this Code. Page 9 of 32 Item 3 Date Application Received: 2/21/17 Date Application Considered as Complete:2/27/17 <VO 60-Day Review Period Expires: 4/28/17(Extended to 6/27/17 on 3/30/17) s To: Chair Thiesse and Planning Commission Members q ��� Doug Reeder, Interim City Administrator kes"°�` From: Mike Gaffron, Senior Planner Date: April 17, 2017 Subject: #17-3911, Lake West Development, LLC, 3245 Wayzata Boulevard - Text Amendment—Allow Interim/Temporary Uses - Continued Public Hearing This item was tabled at your March 20 meeting for further consideration. Due to cancellation of the April 5 work session, please refer to the attached work session packet for discussion purposes. Note that the contractor for the Hennepin County Wayzata Boulevard improvement project has obtained a permit from MnDOT to use a site at 365 Old Crystal Bay Road for the recycling operation for Phase 1 (2017-2018) of the highway improvements. However, the applicants have requested that their application for a text amendment and IUP approval continue to be reviewed, as they would like to be prepared for use of the Eisinger site for later Phases. Attachments A—Notice of Planning Commission Action 3/30/17 B—Letter Received from Marilyn Gabert(Dumas Family) 4/5/17 C—Work Session Packet of 4/5/17 D—Draft PC Minutes of 3/20/17 PC Exhibit.4 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway ZONING FILE: 17-3911 PO Box 66 Crystal Bay,MN 55323 952.249.4620 DATE OF NOTICE: March 30,2017 TO: Curt Fretham COPIES: dana@lwestdev.com Lake West Development, LLC 14525 Highway 7,Suite 265 Minnetonka, MN 55345 curtf@Iwestdev.com TYPE OF REQUEST: Zoning Text Amendment to allow Interim Uses DATE OF MEETING: March 20,2017 The Orono Planning Commission voted 5-0 on a motion to table the application for further consideration. Staff to prepare a draft text for a zoning code amendment for review. VOTE : 5 FOR 0 AGAINST Applicant's next meeting is scheduled as: Monday,April 17, 2017 This is a Planning Commission meeting. The meeting begins at 6:30 PM 60-Day Extension Notice.The current deadline for City action on your application based on the February 27 application completion date is April 28,2017. Because the earliest possible date for final Council action will not occur until after April 28, the City is extending the time period for City action on application#17- 3911 under Minn.Stat.§ 15.99,subd. 3(f). Please note the time period for action on this application is hereby extended an additional 60 days until June 27, 2017. If you desire certified copies of the official Planning Commission minutes,they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Mike Gaffron at mqaffron@ci.orono.mn.us or 952.249.4622. April 5,2017 PC Exhibit B Dear Mike Gaffron and the Orono Planning Commission members, This letter is in regard to#17-3911, Lakewest, LLC,3245 Wayzata Boulevard and Curt Fretham's request for an Interim Use Permit to allow construction staging, materials and equipment storage and materials recycling at that location (the old Eisinger property). I am writing this letter to represent the concerns of my parents, Robert& Kathryn Dumas. They are the owners of Dumas Apple House and are the immediate neighbors to the east. We realize you are dealing with two separate issues. The Planning Commission and City Council have discussed adding language to your ordinance to handle requests for an Interim Use Permit as there is no language now to address this request. The other issue is actually discussing whether an Interim Use Permit should be issued to Mr. Fretham. We would like to address the second issue. We have quite a few concerns with allowing Mr. Fretham to use his property for construction staging, material and equipment storage and materials recycling—gravel crushing. Rather than list all the storage and staging we will from here on in just say, "gravel crushing"to encompass everything but in fewer words. 1) Allowing a gravel crushing site on that property is not consistent for the uses which the property is guided in the comprehensive plan. Neither the current Orono zoning nor the Long Range Land Use Plan allow for a gravel crushing facility on this parcel of land. Possibly some of you and/or your predecessors worked very hard on these plans and the results were carefully arrived at for a reason. 2) Some of you may feel that this is a less populated area than other potential gravel crushing sites, but those of us that are on the neighboring properties are not any less important. 3) The Orono Preserve development(our neighbor to the east) has already sold four lots/houses and I'm sure will sell several more this spring. We would think new home owners could be in their houses possibly within the next year. The four current buyers and any potential buyers may know nothing of the proposed gravel crushing site. We would think they would have concerns about a gravel crushing site so close to their newly purchased home in a residential neighborhood. 4) There is talk of other debris being brought in to this site, not just the asphalt from the Hwy 112 project. Would there really be a way to monitor,regulate or control what else is brought in? 5) Do you know if there would be any burning of any type of materials at this site? 6) Would there be any melting of any type of materials at this site? 7) Noise is an issue. Heavy machinery and gravel crushing makes quite a bit more noise than a residential neighborhood. Also, Mr. Fretham has stated that some of their gravel crushing and work will be done at night. Day time noise is bad enough, but night time noise of heavy equipment and gravel crushing would definitely not be welcome. From the Orono Code of Ordinances Section 58-119: (b) Maximum noise levels by receiving land use districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level outdoors exceeding the dB limit set in table 1 for the receiving land use district specified. Your ordinance states, the maximum noise level for residential land use district is 65 dB(A) (which means, A-weighted decibels). Sounds levels associated with heavy construction equipment range from 80 to 120 dB(A). 8) We also have concerns about lighting. There are three rather large looking proposed spots for lighting on the preliminary site plan. The gravel crushing machine will also likely have lights on it and any vehicles will have their headlights on at night. All these extra lights on at night,and some lights on vehicles moving around,can be quite disturbing. 9) Moving heavy equipment and running a gravel crushing site can cause unwanted vibrations to neighbors. How far will the vibrations travel? We don't really know. It is a concern. 10) Dumas Apple House is open to the public every fall. The traffic safety on Wayzata Blvd is something we are worried about. Mr. Fretham has said that the heavy truck traffic will be in spurts. Some days there might be no trucks or traffic going in and out of his proposed gravel crushing site. He said some days there may be 50—100 trips to the site a day! That means double that number allowing for ingress and egress? So, it could be 100—200 trips back and forth in front of the Dumas Apple House? With all of our Apple House customers pulling in and out of our facility,that is quite a safety concern. 11) The Hwy 112 project is starting at the east end of town,and this proposed gravel crushing site is at the west end of Hwy 112. Since we are right next to the proposed gravel crushing site,the heavy truck traffic could be going past the Dumas Apple House for the duration of the entire Hwy 112 project. We have read that the Hwy 112 project could last 3-5 years. 12) Recycling is a good thing, but we do not think this is a spot for a gravel crushing plant. It seems like there are a lot of downsides and negative issues attached to this request in return for the financial gain of one company. 13) Environmental and public health concerns regarding use of Recycled Asphalt Pavement(RAP) "The bitumen binder used in asphalt paving applications contains a relatively large concentration of a family of organic compounds which can have the potential to pose human health and environmental concerns in certain circumstances especially when asphalt material is ground into very small particles that easily blow off of or wash from the surface. These compounds, known as polycyclic aromatic hydrocarbons (PAHs)are specified as targeted pollutants by the U.S. Environmental Protection Agency(USEPA),and are present in asphalt at relatively high levels for general use in a loose fashion on land. Lead has been observed in RAP samples, with the greatest quantity in old RAP samples, likely as a result of vehicle traffic and emissions. Asphalt millings used alone without a paved top surface have the potential to significantly migrate from the roadway through the actions of water,wind, and physical displacement and possibly contaminate surrounding soils and/or surface water sediments. Traffic traveling on the unpaved asphalt millings would generate dust containing the compounds referenced above and the dust would be a major migration route of the asphalt millings to the surround environment." Reference: compiled by G.Keller 6/12/2013 14) Bitumen definition: a black viscous mixture of hydrocarbons obtained naturally or as a residue from petroleum distillation. It is used for road surfacing and roofing. 15) We have 30 acres of apple trees at the Dumas Apple House. It is a huge concern to have PAHs dirt&dust pollutants in the air next to a farm that produces food consumed by humans! 16) Public Health Statement for Polycyclic Aromatic Hydrocarbons(PAHs)from the Agency for Toxic Substances and Disease Registry(ATSDR). "This Public Health Statement is the summary chapter from the Toxicological Profile for polycyclic aromatic hydrocarbons (PAHs). It Is one in a series of Public Health Statements about hazardous substances and their health effects. This information is important because this substance may harm you. The effects of exposure to any hazardous substance depend on the dose, the duration, how you are exposed, personal traits and habits, and whether other chemicals are present." This statement was prepared to give you information about Polycyclic Aromatic Hydrocarbons (PAHs) and to emphasize the human health effects that may result from exposure to them. This information is important because exposure to PAHs may cause harmful health effects and because these sites are potential or actual sources of human exposure to PARs. When a substance is released from a large area, such as an industrial plant, or from a container, such as a drum or bottle, it enters the environment. This release does not always lead to exposure. You can be exposed to a substance only when you come in contact with it. You may be exposed by breathing, eating, or drinking substances containing the substance or by skin contact with it. If you are exposed to substances such as PAHs, many factors will determine whether harmful health effects will occur and what the type and severity of those health effects will be. These factors include the dose (how much), the duration (how long), the route or pathway by which you are exposed (breathing, eating, drinking, or skin contact), the other chemicals to which you are exposed, and your individual characteristics such as age, sex, nutritional status, family traits, lifestyle, and state of health. 17) We are certainly concerned with the health risks to all our customers at Dumas Apple House and concerned about any potential liability issues that could arise from this. 18) If you issue an Interim Use Permit for a gravel crushing plant at 3245 Wayzata Blvd, please remember that you setting a precedent. All future decisions on Interim Use Permits will be based on what you allow at this time. It would be one thing to allow someone to have a place to,for example, run a business for a political campaign in a residential district for one year. It is completely another thing to allow someone to have construction staging, material and equipment storage and materials recycling—gravel crushing and excavation in a residential district for three to five years! 19) We ask that you seriously consider all of our concerns before you make a decision to issue an Interim Use Permit for a gravel crushing facility at 3245 Wayzata Blvd. Sincerely, Marilyn Gabert, daughter of Robert& Kathryn Dumas, property owners of Dumas Apple House, neighboring property to Lakewest, LLC, 3245 Wayzata Boulevard. Marilyn Gabert PO Box 323 Boulder Junction, WI 54512 mgabert@centurytel.net MEMORANDUM (for April 5,2017 PC Work session) To: Planning Commission PC Exhibit C From: Mike Gaffron, Senior Planner Date: March 28, 2017/ ,4, Subject: Consideration of Interim Use Text Amendment At your March 20 meeting, Planning Commission tabled applications 17-3810 & 17-3811 regarding the proposed construction staging use at 3245 Wayzata Boulevard, pending further consideration of the "Interim Use Permit"(IUP)concept as well as the actual intended use for the site. The intent of this memo is primarily to review the advantages and potential disadvantages of amending the Zoning Code to allow for Interim Uses. As noted in the March 20 staff report,remember that while a conditional use permit is permanent, and runs with the land, an interim use permit is intended to be temporary. It provides for `sunsetting' a use that may be appropriate for some temporary time period but is not generally appropriate on a permanent basis. In considering whether Orono should adopt an Interim Use ordinance, it may be useful to identify examples where a temporary use may be reasonable, but is not appropriate at a given location on a permanent basis. Examples found in other Minnesota cities' codes are typically tied to specific zoning districts. While there are some consistencies, it also appears that every City has its own ideas of what to regulate via NP. In some instances cities are using IUPs to regulate activities or uses that Orono has historically regulated as permitted, conditional or accessory uses, or even via licensing. Here are some examples of what other cities are regulating via Interim Use Permits: Plymouth: - Commercial dog kennels as a secondary use. - Landfilling and land excavation/grading operations involving over 1,000 cubic yards and mining operations, as regulated by Section 21185. Living quarters which are provided as an accessory use to a principal permitted or conditional use listed,which are located within the principal building,provided that: 1)the living quarters shall not be used as rental properties; 2)a maximum of one such living unit shall be allowed; and 3) there shall be a demonstrated and documented need for such a facility(e.g. nanny, caretaker, security). - Agriculture,nurseries,greenhouses for growing only,landscape gardening,and tree farms, including sales of only those products grown on the premises. - Temporary classroom structures for use by public or private schools. Medina: - Single family detached dwellings in the Rural Commercial Holding District - Within the Uptown Hamel districts: - (1) Residential dwellings which do not meet the minimum density requirements of the Uptown Hamel districts. Page 1 of 5 - (2) Minor Auto Repair. - (3)Electronic and Computer Manufacturing. - (4)Electrical and other Skill Trades,provided there is no Outside Storage. - (5) Small Scale Light Manufacturing of Products for On-Site Retail Sales. - (6)Tire, Battery, and Muffler Stores. - (4) Sauna Manufacturing and Assembly Minnetonka: - Residential districts: - a) Home occupations - b) Leasing, sales or management office for a development if the office exceeds 1,000 square feet of floor area - c) Commercial kennel for dogs,cats, or both(with a list of standards) - d) A use or improvement that is not permitted in this zoning district or that does not comply with the standards for this zoning district, if such action is required as a reasonable accommodation under the federal Americans with disabilities act, the federal fair housing act, or other federal or state law. - Business districts (each entry has a long list of standards to be met): - a) transient sales (with a long list of standards); - b) outside sales and display of plant materials except those associated with a commercial nursery; - c) sidewalk sales exceeding allowable standards described for accessory uses and carnivals: - d) outdoor entertainment; Here are two examples of ordinances that allow an interim use similar to that proposed for the Eisinger site: Isanti County: (List of Interim Uses in in Ag/Res District only): "Temporary construction facilities associated with road construction or reconstruction projects. a.Time limit—the facility must be completely removed and the site returned to its original state or better within six months of project completion. b. Facility types allowed are: 1) Blacktopping processing facilities which includes the processing of recycled materials; and 2) Concrete recycling storage areas which include storage, grinding, or other processing." Andover: "Highway Construction Materials (Temporary Processing and Storage): A. Site Plan Requirements: The temporary processing and storage of sand, gravel, or other materials shall be permitted only by Interim Use Permit. Such Interim Use Permit shall include a site plan showing: Page 2 of 5 I Where the processing is to be done; 2. The location of the plant; 3. Disposal of water; 4. Route of trucks moving to and from the site in removing processed material from the site. Term of Permit. Such permit shall be granted for a specific period." Chisazo City: "F. Temporary Processing or Recycling Plant in Conjunction with a Specific Project. A Temporary Processing Plant located within the Property,right-of-way or adjacent to the specific project, will be allowed without an Interim Use Permit subject to the following conditions: 1. Compliance with Regulations. All Federal, State, and City air,water and noise quality standards must be met. 2. City Authorization. The City Council shall review and authorize a Temporary Processing or Recycling Plant in Conjunction with a Specific Project. 3. Minimal Effect. The processing equipment must be located so as to minimize its effect on surrounding property owners. 4. Limited Duration. The Processing Plant may only be on the property for the duration of the project. 5. Entrance. If an entrance is not available from the Processing Plant to a road,a rock entrance must be constructed and maintained with appropriate dust control as required in this chapter. 6. Removal of Material. No materials,outside of the designated right-of-way, may be excavated or removed from the site without an Interim Use Permit. 7. Restoration. The site shall be restored one(1)year after the road project has been complete. 8. Performance Standard. The performance standards of 7.5(E) above are met to the satisfaction of the City Administrator or designee." IUP Advantages Adding the ability to allow for specified interim uses within specified zoning districts gives the City and property owners a method or tool for the temporary use of property. It provides an option for properties that are expected to be developed in the future in conformity with the zoning code, but for various reasons such future development will not occur immediately. An example of how the IUP could have been used in Orono: the former produce market at CR6/Hwy12 was always zoned for single-family use, and was granted a "nonconforming use CUP"in 1968.Later CUPs were approved for minor expansion of the market use. When the market closed, the building eventually became a daycare center via a new conditional use permit as a conforming conditional use.When MnDOT determined that the property would be needed for the Highway 12 bypass, the daycare use discontinued, although it would be a number of years before that part of the bypass would be constructed. Page 3 of 5 The building then sat empty for a number of years during which staff had a variety of inquiries from the owner and others about the possibility of a temporary use until MnDOT actually acquired the site. Most of those inquiries were for relatively benign commercial uses such as an insurance office or similar business office use.Because the City had no Interim Use ordinance,none of these commercial temporary uses were available. The ability to allow a temporary use via an IUP would have allowed the property owner to lease the building rather than have it sit empty. Potential IUP Disadvantages and Cautions If the Council approves an amendment to the Zoning Code to allow Interim Uses, the City, developers and property owners will have to be very clear about the parameters for such use. Clear and concise documentation of the allowed land use, activities and time periods will be required with each IUP issued. To avoid any confusion or misunderstanding, it will be important that all parties know the conditions and time limitations established for the IUP. Having an interim use option introduces the potential for property owners to propose land uses that are inappropriate for a given site, that could be disruptive to neighboring land owners, or be inconsistent with the character of the surrounding area. Business activities that would potentially be harmful to the public health, safety and welfare could be proposed. Because of this, the City must be diligent not only in establishing appropriate interim uses within specified zoning districts, but in monitoring those uses for compliance with the established terms of each issued IUP. Interim Use Ordinance—Text Amendment Attachment A is a draft text amendment that would establish in the zoning code the provision of an Interim Use option. This is drafted similar to the general code section on conditional uses. Note that it contains language that mimics the State Statute on interim uses, and additionally contains certain provisions that should pertain to all interim use permits. Sample ordinances from other cities are also attached, and you will notice that while they differ widely in terms of layout and text,there are essentially four elements common to all, including: - Definition,purpose and intent - Application procedures - Standards&conditions - Termination Attachment B is a companion text amendment that would add an interim use option to the RR-1B Single Family Rural Residential Zoning District, with simply one interim use entry, containing specific conditions for that use. Planning Commission Action Requested As this is a work session,no formal action is to be taken. Planning Commission is asked to review the provided information, and discuss the advantages and disadvantages of having an interim use option in the zoning code, and review the draft text amendments. Additionally, identify any specific concerns about the proposed construction staging/materials recycling use, suggest any additional conditions that might be applicable,and formulate questions to be asked of the applicant to help establish whether the use is appropriate for the Eisinger site. Page 4 of 5 List of Attachments A—Draft General IUP Text Amendment B—Draft RR-1B District IUP Amendment C—Memo and Selected Exhibits from Items 17-3910/3911 D—Additional Examples of Other Cities IUP Provisions Page 5 of 5 1 ORDLNANCE NO. ,THIRD SERIES 2 3 CITY OF ORONO 4 HENNEPIN COUNTY,MINNESOTA 5 6 AN ORDINANCE AMENDING THE ORONO MUNICIPAL ZONING CODE 7 BY ADDING ARTICLE XIV REGARDING INTERIM USES 8 9 10 THE CITY COUNCIL OF ORONO ORDAINS: 11 12 SECTION 1. Chapter 78—Zoning Regulations is hereby amended by adding Article XIV— 13 Interim Uses to read as follows: 14 15 ARTICLE XIV—INTERIM USES 16 17 DIVISION 1 —GENERALLY 18 19 Secs. 78-1725--78-1749.—Reserved. 20 21 DIVISION 2. -PERMIT 22 23 Sec.78-1725.—Definition, Purpose and Intent. 24 25 (a) Definition. An interim use is a temporary use of property until a particular date,until the 26 occurrence of a particular event,or until zoning regulations no longer permit it. 27 28 (b)Purpose and intent. Because of their unusual characteristics,interim uses require 29 consideration so that they may be located and regulated properly with respect to the 30 objectives of this chapter and the Comprehensive Plan,and with respect to their impacts 31 on surrounding properties. In order to achieve these purposes,the City Council is is 32 empowered to grant and to deny applications for interim use permits and to impose 33 reasonable conditions upon the granting of these permits. Additionally,the intent of 34 allowing interim uses is: 35 36 1. To allow a use for a brief period of time until a permanent location is obtained or 37 while the permanent location is under construction. 38 39 2. To allow a use that is presently judged acceptable by the City Council,but that 40 with anticipated development or redevelopment,will not be acceptable in the 41 future or will be replaced in the future by a permitted or conditional use allowed 42 within the respective zoning district. 43 Page 1 of 4 44 3. To allow a use which is reflective of anticipated long range change to an area and 45 which is in compliance with the Comprehensive Plan provided that said use 46 maintains harmony and compatibility with surrounding uses and is in keeping 47 with the architectural character and design standards of existing uses and 48 development. 49 50 Sec. 78-1726. -Application Procedure. The information required and the procedures to be 51 followed for all interim use permit applications shall be the same as that required for a 52 conditional use permit as provided for in this Chapter in Sections 78-913 through 78-917. In 53 addition,the following information shall be provided: 54 55 (a) written documentation that includes a complete description of the use, schedule for 56 commencement and termination of the use, hours and dates of operation and anticipated 57 employment. 58 59 (b) any special studies requested by the City when there is evidence that the proposed use 60 may negatively impact public infrastructure, the environment or adjacent land uses. 61 These studies may examine the impacts on such things as traffic, environment,wetlands 62 and utilities. 63 64 (c) evidence of approval or preliminary approval from all other agencies with jurisdiction 65 over elements of the use. 66 67 Sec. 78-1727. - Standards and Conditions. No interim use permit may be granted unless the 68 city Council determines that the use will comply with the following: 69 70 (a) The use will meet the general performance standards in Section 78-916 of this Chapter; 71 72 (b) The use is allowed as an interim use in the applicable zoning district; 73 74 (c) The use will not delay anticipated development or redevelopment of the site; 75 76 (d) The use will not be in conflict with any provisions of the city code on an ongoing basis; 77 78 (e) The use will not adversely affect the adjacent property,the surrounding neighborhood,or 79 other uses on the property where the use will be located; 80 81 (1) The property on which the use will be located is currently in compliance with all 82 applicable city code standards; 83 84 (g) The use will not impose additional unreasonable costs on the public; 85 86 (h) The date or event that will terminate the use can be identified with certainty; and Page 2 of 4 87 88 (i) The applicant agrees in writing to any conditions that the City Council deems appropriate 89 for the use,including a requirement for a financial security to ensure removal of all evidence 90 of the use upon termination, and restoration of the site to prior or better conditions. The 91 conditions shall be set forth in a development agreement between the property owner and the 92 City, which agreement shall be recorded with the Hennepin County Recorder or Registrar of 93 Deeds. 94 95 Sec. 78-1728. -Effect of Permit. 96 97 (a) An interim use permit is effective only for the location specified in the approval 98 documentation. 99 100 (b) The issuance of an interim use permit does not confer on the property any vested rights. 101 102 (c)Interim use permits shall be reviewed annually by the City Council. 103 104 (d)An interim use permit expires one year after approval if the proposed use has not been 105 commenced or a building permit for a structure to support the interim use has not been 106 issued. 107 108 (e) An interim use permit expires if the interim use ceases operation for a continuous period 109 of at least one year. 110 111 Sec. 78-1729.—Termination. An interim use permit expires and the interim use shall 112 terminate upon the occurrence of any of the following events: 113 114 (a) The termination date specified in the interim use permit. 115 116 (b) Upon violation of conditions under which the permit was issued. 117 118 (c) Upon change in the City's zoning regulations which renders the use nonconforming. 119 120 (d) The redevelopment of the use and property upon which it is located to a permitted or 121 conditional use as allowed within the respective zoning district. 122 123 124 SECTION 2.EFFECTIVE DATE. This ordinance shall take effect immediately upon its 125 adoption and publication. 126 127 128 ADOPTED this day of ,2017 on a vote of_ayes 129 and nays by the City Council of Orono,Minnesota. Page 3 of 4 130 131 132 ATTEST: 133 134 135 136 Anna Carlson, City Clerk Dennis Walsh,Mayor 137 138 139 Ordinance published in The Laker and The Pioneer newspapers the week of ,2017. Page 4 of 4 1 ORDINANCE NO. , THIRD SERIES 2 3 CITY OF ORONO 4 HENNEPIN COUNTY, MINNESOTA 5 6 AN ORDINANCE AMENDING THE ORONO MUNICIPAL ZONING CODE 7 BY ADDING SECTION 78-421 REGARDING INTERIM USES 8 WITHIN THE RR-1B ZONING DISTRICT 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 13 SECTION 1. Chapter 78—Zoning Regulations is hereby amended by adding Section 78-421. — 14 Interim Uses to read as follows: 15 16 Sec. 78-421.-Interim uses. 17 Within any RR-1B one-family rural residential district,no structure or land shall be used 18 for the following uses without an interim use permit issued in accordance with the provisions 19 of Article XIV of this Chapter: 20 21 (1) Temporary facilities for construction staging,materials and equipment storage, 22 and materials recycling,when such facilities are associated with public road 23 construction or reconstruction projects. 24 25 a. Time limit—the facility must be completely removed and the site returned to 26 its original state or better within six months of project completion. 27 28 b. Applicant shall submit plans indicating the site layout and the routes for 29 trucks hauling materials to and from the site. 30 31 SECTION 2. EF'i ECTIVE DATE. This ordinance shall take effect immediately upon its 32 adoption and publication. 33 34 ADOPTED this day of , 2017 on a vote of ayes 35 and nays by the City Council of Orono,Minnesota. 36 37 ATTEST: 38 39 40 Anna Carlson, City Clerk Dennis Walsh,Mayor 41 42 43 Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. Page 1 of 1 C Item 5 Date Application Renewed: 2/21/17 17- 391/ Date Application Considered as Complete:2/27/17 �.Q� 60-Day Review Period Expires: 4/28/17 r'. 0 To: Chair Thiesse and PlanningCommission Members tA , C i c Doug Reeder, Interim City Administrator yo�� 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 La 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 #17-3911 3245 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 mad 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. Item 6 Date Application Received: 2/21/17 A Date Application Considered as Complete:2/27/17 Ol Y, 60-Day Review Period Expires: 4/28/17 1 3C ) V 9 To: Chair Thiesse and Planning Commission Members l'Fl 1 Ca Doug Reeder, Interim City Administrator -.11C sHoO" 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 A Wo 2760 ICAddison: Appkoabon# /7- 39i 1J Ig 2760 Kaley Palmy Orono,MN 55356 Dale Received ,7-,r1,/-/ Mehr 952.24x4600 Staff fez 952,246 4616Aladin g Fee $700 t oN, 7 , PA.Ike 3700 / NA -1): C� SHaq�G � MN 553230066 Nobs y Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will Planning Commission Agendas. SITE LOCATION: ..lZ4t OA y zaitC7Sival Oka")a '.5 MA/53550 !55&P DESCRIPTION OF REQUEST:PP- c� in 41l�Kev!/lm (attached rrl sheets ) APPUCANT INFO • : lathed(here ifApplicant address should be used for billing Applicant a 1_ . ' / _ Phone(Primary): ' a - Mailing Address: L'!.r, 1/agX. ' 1 111111111t07/% .. ,d'''lri_Wili_lrs •• Emelt 4 = ide . it.III PROPERTY OWNER INFORMATION: l>itlieck here If Property Owner Is game as applicant �0 check here if Property Owner address should be used for billing Name: J Phone(Primary): S 30-3� Mailing Address: Ai/!, Jay 7- .s!Lirte. p.a5- ��/� ZIP: , .5.--34/5-- Email: lin,. ,PI ,e'Om c P( rlev. (Tr)m APPLICANT AND/OR PROPERTY OWNER: • Certify that the Information supplied is true and correct to the best of hislher knowledge. The applicant and property owner recognize that they are safely rosperraile for submitting a complete application being aware that upon Mune to do so,the staff has no&emotive but to reject B until It Is complete or to recommend the request for denial ratite request regardless of its potential merit. • The Property Owner hereby acknowledges end agrees to this application and further authorizes reasonable entry onto the property by City Staff.consultants,agents.Commission and Council Members for purposes of Invesagallon and verification of this request • Properly OCornrnlssiora Applicant I acknowledge y mast be present at all scheduled review meetings of the applicant and/or property owner Is uneble to attend a scheduled meeting, please make arrangements to have an authorized representative attend In piece of the appiltldorrrner and advise the City Planner assigned to your project. • Information will be distributed via 'I. Applicant Signature: Date: 42/20/02N7 Applicant Signature: Date: Property Owner Signature: ,411�"-- r.� Date: NI/JO/40g l Property Owner Signature: Date: CUP A ca °n-January2017 RECEIVED Poe 4 FEB 21 2017 # 3910 crrY Phi DON a Vat ', EIVAIWIMPAIPIligiAi I kill 1 - P!milF41:1111: "PAIR! ir° 1111 .,r140 • p ,..... ,,,,,, . , ' filer/A:BF liTyl I 1 la I 1 I I illiPP in 110 T11/ ' iciill 11111 !1 l ! 1: 1 i i i ; 11111 :!iiii ! P i i II 1 1 I ligil aI! ft- 0110 " m4 ia 4 i 1 II14; 11 !. 111 gill ! i I 7 11 PI F [awl. 1 ;! J Ii 1 mo i1 _ z w I: I Pa I II clivi i gii I •A r ‘...__,....... i //), .----3;0 sisittaaY25 p` ;:. ) .......... '.icr--7;,-......":,,` . i . ! ' i "". ,.... .... ..4..\ ' 1 r' i :tI ill. • •i ,,,•/ , !Id . -% , 1 .....: ,...;" . /147 ; /). \ \... 41 i ! 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NO. 7' i 5S i -ri 7fE rri1 ti I ; 4 1 N \ I*a !!1111 =a, r. ..„m -‹ o w n P ° g ni I- ii-----lo p. - '‘..b O 1 -11 Z;I 6 ig iii ..:,..1.-1;INK,v, ':.',.4,41k,,,,,........4. .4 Z. ;, yN g \ l �� .`` 1 - I \ '"\ \\\\\\.��`r .� - ;"� 11 • \ \/(c: //, .,. ::.e,.1_,. , ii.t.: 73 2" r Q - -- -- 1 L - j 1 i I ` P _ 4 Ii I LAKE WEri- OEVELOPMER LLE 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 its 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 recycfiing 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 RE-GER/ED Office: 952-653-134 FEB 21 2017 CITY OF ORONO Lake West Development 114525 Highway 7,Suite 265,Minnetonka, MN 55345 Phone 952-930-3000 # 3910 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 285 Minnetonka,MN 55345, Phone 952-930-3000 B. Site Data Address 3245 Wayzata Boulevard West Orono,MN 55356 Zoning RR-18 One Family Rural Residential Parcel Sete 25.8 acres 1,123,933 sq.ft. PIA 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; Noir:Thin 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 13.8 acres of wetland,5.2 acres of currently developable, non- wetland buffer area,and 10.2 acres of former landfill.Lakewest has been Worldng with the MPCA to determine cleanup requirements for the 10+aces of former landfill—the area has been tested extensively and le 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 antkipatbn of the County State Aid Highway 112 Project#091101 the property owner intends to establish a lits 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,abng with associated construction activities. RECEIVE; 2�.Zd�� CUP—Page 2of3FEB crry OF ORoNO # 3910 Conditional Use Permit Application E. Zoning(For Ordinance Text Amendment) The property is:.bped RR-1B,One Ramily Rural Residential,and gelded 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 instilled and a gravel access road at least 24'wide will be constructed. A temporary rock stabilization pad of 4-8 of recycled 3"minus concrete win 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 flit 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 bean 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: • Instilling 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/ot 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 ea 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 batter,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 Elsinger Meadows according to the original vision. RECEIVED CUP—Page 3 of 3 FEB 21 2017 CITY OF ORONO # 3910 MINNEHAHA CREEK 111 ' WATERSHED 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 M innehaha Creak Watershed District(MCWD)permit for Erosion Control located at the above-mentioned address. The review of this application has conduded,and the MCWD has determined the above-mentioned permit application to be complete. Therefore,the application is approved with the following conditions: L 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, staff 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 meat rworkinfaamail.com or(952)641-4518 If you have any questions or concerns. Respectfully, G�L ( .t L Rachel Workin Permitting Technician CC: City of Orono staff 3/1/2017 Hennepin Comity RIIPcrwii-UID!246/Froin 2017-A304 PC Exhibft F Permit ADplication 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,UN 66340-6421 a r h ' 3 p Permit is for the construction of Temporary(Temporary)-Construction,surfaced with Gravel Applicant Property Owner Contractor Name: Dana$Brumkt Name: l akewest LLC Name: Lakeweet LLC Address: Lake West Development Address: 14525 Highway 7,Suite 265 Address: 14525 Highway 7,Suite 265 Minnetonka,MN 55345-5534 Minnetonka,MN 55345 Miwielonke,MN 55345 Phone: (812)718-9213 Phone: (952)853-1359 Phone: (952)653-1359 Pager: Fax; Emelt: dana®lwestdev.com Dates Entrance Needed By:05101/2017 bttps://rosApennlre.ealennepin.ron.us/eawda.view'.phetanrsme ePbmddd=146 1/4 3/1/3019 tioungin County 1tr/Plonk-NUi 144/Parmid 20174104 LdeatiOr7 The proposed entrance is on the$aide of amity road no. 112,0.6 miles W of Old CrysW Bay Road. eked Address:3245 Warmth Boulevard,Orono Driveway Width:20 feet Present number of driveways:0 BluatGh 4 Orono CUP Sas Plan.pdi Description of Work Provide vehicle access to staging/recycling she for C8AH 112 Project General . 1.No wade shl be atoned unit the applaetlon is approved and the pant Issued. 2.Contact the Hennepin County Permit Office at 012.6964090 a minimum of 2 business days prior to strut rig construction. a After driveway constmcdon is completed,persona requesting the installation must notify the Permits Oboe that such work has been completed and M reedy for lira!Inspection and adaoptaros by Hennepin County. 4.No flanges or alterations in wawa=may be made at any time willed written permission from the County Engineer or 11.Approve[of this perms doss not deny the Couny Engineer the ildtaa right to revise,relocate or done any entrance to expedite the movements of vehioular or pedestrian bark.The County retakes to right to close said entrance(s)at Its discretion,based upon the weedy for het rapulat ion,control and lab* 6.6dating driveways are not sutorrdtkcaay perpetrated.In the event of a flange in lend use or a major ohsrpe In the traffic Mem of the sodding faulty,new driveway applications may be required by tte County. 7.blydahmannt mother Mai be melon for delay of the projeot start or saupenelon atm project es determined by Hennepin Gaudy. a.Permits or copies shall be kept on thework sits,while work is in progress.In the custody of the Inividual in charge,avid she be aabibited upon request by any county official. 9.These general permit regtdrsments and specifications shell be considered as forting an integral pert of each and every paid Issued for opeablans an county roadways.The wok int hofxad by this pewit shall be done at such lime and in sudi manner as shag be consistent with the safety lithe public and shall conform to al requirements and standards of the County of Hennepin as herein speeded.if at any tiros,it ahsl be found by Hennepin County that the walk is not being,or hes not been,property performed.**Ps rrdtbee,upon being notified,shell knmsdlledy take the necessary steps,at their own expense,to plias the work in oonforrrence to said requirements or Mendands.I i addition,no residents!ddvasray may exceed 22 fat hi width and no coranerciel driveway shl excised the width dictated by the Hennepin County Access Management Guidelines. 10.In the event rifidure or neglect,will or not,by odd Penrtlttse or Penitlee's employees,to perform and comply with the preowned aandlons,reehtcttons and regulations,the Trtnaportaton Department may revoke and amus this permit and order said Permlpke to immediately remove any and all structures ar property belonging to and Permittee from the fugal hits of Me roadway or countyproperly. 11.The bestelsffion shat be made In conformity with al applicable laws,regulations and codas powering saki insbsllatLon ,At kntalslons shall be made inconformity with regulations of governmental agencies for are pre scion of the public. 12.Americans with Oleablllles Ad-Any work in the County's righta.ot-ray that impend any pedestrian teddies requires tat the restoration of the pededdnn taches Impacted be metered to conform to current ADA requirements and standards. 19.1f pavement,roadway or tight-of way la dam gid;sane shall be restored.!millinery lfinery manner to is original ore better condllon,at the sale emenee of the Pennies.Permittee'$failure to corned such damage in a timely manner wi result In Hamspin County.through Its own forces or contractors,making said repairs and btiing Pennines for al coats end expenses misted thereto.Paddles shell make payment to Hennepin County within Mean(15)days of receipt of said b$.Permit= egress that If it fats to make payment of rid amounts within the speckle tine,to Hennepin County.it seal pay dl coats misting to debt co lection,including,but not limited to,court costa,frees,Internal end attorney*foes, 14.No driving onto highway from ditch or drivim on shoulders or over curbs where damage will colo. hapelronutpanianobanueinataminottanoLvies.plipunntutePenultki.246 2i4 3/1/7017 lie erpia County le iramk-LEIN 2461 PeeedM 2017-A304 • 16.11 shell be further ander•tood that the Pandas alit be responsible for mineralize at repair of any and all tenures due to settlement,erosion,lack of vegetation growth.natilrg or other lob related problems for a period of three(3)years after project completion and Notice of Work Completion form hex been received by Hennepin County.Permittee shell pufarm all said meintenanca.!rameedkeiy atter It has been mottled of said deficiency.Permits.shall be responsible for it oasts end e caress ratted b sad malrtenenoe.Permutes'.feature to perform said reehienanos Immediately wit result in Hermepin Count,through Its own faros*or h s conbsotors,pertonning acid maintenance and bdirp Permittee for ail costs and ercpeness misted thereto.Perrrdttee shall make payment to Hennepin Courcy whin fifteen(15)days of receipt afield bit Pe ranee agrees.that IT ft falls to make payment of said amounts wean the specified lime to Hennepin County.Pamela*shat pay al costa raided to debt collection,fndudrng,but not iadted to,cast coats,bre,Merest and attorneys'tees. le Emergency Vehicle Acoeaeas net be signed and closed to general edit et all times. Continued imedhatzed use of on Emergency labials Axes shell result in the removal of the access ess at the discrelon of Hennepin County at the ewers 17.Unless slated elsewhere in the Specie!Provisions.all access permits expire 1 year from the dale that the permit Is Neced. Sediment Control 8 Drainage • 1.area surface end roadside Mail be kept dean,neat end presentable throughout construction se determined by the Henespn County Tlensporation Deparbnent. 2.Dust control shell be provided upon request of its Hennepin County Transporlrrbn Department. 3.The adding dre4sgs patterns shall not be ettued unless approved by Hennepin County Watershed District approval and drainage calculations are required if Alen alters editing drainage patterns. 4.Pemsnent reiteration plans must be submitted to the Permits Ofioe for Someway reetwitionhanier atabifaelon for work crownng between November let and Apol 30th prior to sbrtlng caroaruoalon. Traffic Control • 1.lithe nedellaton vigils driveway makes it neceasery to work on tet roadway,tent must be protected;proper temporary tralic conk*Including fights,signs and proper barricades must be In piece.Temporary traffic conk*must conform to the current version of the Minnesota nesota Manual of uniform Traffic Control endtar aocompenying Field Metal.Said deices shall be removed his the job alts promptly upon completion ofwork. 2.Safety vests shell be worn by ANYONE occupying Courdy dghtefwarry. s.The Psrmittse shell use due diligence In the execution of the work authorized underthis permit n order not to endanger or ursaeserily obstruct travel along Its said Whway.Operations stud be so conducted at all times as to permit safe end reeeonebly free trawl over the roods within the limits of the work herein prearrbed.Al safely measures for the free movenet of tralic shall be provided by as Permittee at its nen cost. Payment method Payment details Credit Card TemprCanstructbn Massa $100.00 Total: $100.00 Special Provisions Special provisions: • Contact Mice Olmstead at 0812)221-7162 or via email at midrael.dmiteedahennepin.us st least 24 hours prior to construction. • Tisrnporery traffic control layouts on County roads shell conform to the most recent version of the Minnesota Manual on Lkml*xm Traffic is Control Devious. • Applicant shall be rMeponsbls to place a stop sign, minimum size of 356x99".prior to opening the new entrance. Notes: No nota hups:Nmedpmmhi.coeenasehLeinzd nte.vitw.phpA atnaceTheva ld.7A6 3/4 wit o lowt ii 9t one a mem p11 mwou t ammummipouspiplossacqupe WY Prt L LOV LO/SO-paiwio'Q maim =watts quad 64 otemetomammounitsvinnou gspoqummomptesommelmmo MNd C9ZL LiOZJ eo-muffutre WIQ * Biddy was ieNaa ,s*,o, dy 8I9.640.1a9V iocv-llozMusa I*Mtn•Wasans ago uOgigin t btDtllJt • Sample IUP Ordinances - Medina - Faribault - Minnetonka - Plymouth - Shorewood - Brooklyn Park - South St.Paul These examples are in no particular order,but have been annotated to indicate the similar elements in each, as follows: A. Definition B. Purpose and intent C.Application procedures D. Standards and conditions E. Termination F. Revocation G. Effect of permit Medina City Code 4 eiaL 825.Zoning--Administration INTERIM USES ,Seotlon 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, C 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; (l) 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 Rearing. Snbd.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 p5.79. City Council Review;Amendment. Sabd.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 82.81. 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 823.07 Subd. 8 regarding the definition ofa boathouse. Also amended 825.21,Subd 6 and 825.21 Subd 8 regarding setbacks to 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 Faribault Unified Development Ordinance ( ' j OF F4`mocr p.38 2-320. Revocation of con• tional use permit. Failure to comply with any conditi., set forth as part of conditional use permit appro • shall constitute a violation of this ordinance : • s subject to the enforcement process identified in Sectio -620. Continued non-compliance shall : o constitute grounds for revocation of the conditional use permit, = determined by the City Counci • lowing a public hearing on the matter. 2-330. Expiration of conditional use per I ' If subs tial development or construction has not taken place within one (1) year of the date of appro . o . conditional use permit, such permit shall be considered void unless a petition for a time extensio been granted by the City Council. Such extension request shall be submitted in writing : east th' (30) days prior to expiration of the conditional use permit and shall state facts show'-. a good faith e' .. to complete work permitted under the original approval. 2-340. Discontinuance : conditional use permits. Where a 'cbnditional use has been established and is discontin for any reason for a period of one (1) year or longer, or where a conditional use has bee anged to a permitted use or to any other conditional use, the conditional use permit shall be dee•< . to be abandoned. ARTICLE 8. INTERIM USES 2-350. Purpose of interim uses. An interim use is a use not currently allowed by this ordinance, which may be allowed as a temporary use of property until an established date, until the occurrence of a particular event,or until the zoning regulations no longer allow it. 2-360. Authorization of interim use. The City Council may approve an interim use of property as defined and authorized by Minnesota Statutes 462.3597. i 2-370.Application for interim use. Any person having a legal or equitable interest in a property may file an application to use such land for one or more interim uses. An application for interim use shall be filed with the City Planner on an approved form, as specified in Section 2-90, and shall be accompanied by such information as is requested by the City Planner to facilitate review. i 1r 2-380. Hearing on application for interim use. The Planning Commission shall hold a public C/ hearing on each valid and complete for an interim use as provided in Section 2-100. After the close of the hearing on a proposed interim use, the Planning Commission shall make findings, pursuant to Section 2- 400,and shall submit the same together with its recommendations to the City Council. 2-390. Action by City Council on interim uses. The City Council shall make the final decision regarding all applications for interim use. Approval shall require a majority vote of the City Council. 2-400. Interim use findings and conditions. (A) Required findings. The City Council shall / make the following findings in order to approve an interim use: I, (1) The proposed interim use will utilize property where it is not reasonable to utilize it in a manner provided for in the city's Land Use Plan. (2) The proposed interim use is presently acceptable but, given anticipated development,will not be acceptable in the future. Chapter 2—Administration and Enforcement Faribault Unified Development Ordinance p.39 (B)Conditions and guarantees. Any City Council approval of an interim use shall be subject to the following conditions: (1) Except as otherwise authorized by this section, an interim use shall conform to this ordinance as if it were established as a conditional use. }� (2) The date or event that will terminate the interim use shall be identified with certainty. (3) In the event of a public taking of property after the interim use is established,the property owner shall not be entitled to compensation for any increase in value attributable to the interim use. (4) Such conditions and guarantees as the City Council deems reasonable and necessary to protect the public interest and to ensure compliance with the standards of this ordinance and policies of the Land Use Plan. 2-410. Termination of interim use. An approved interim use shall terminate upon the occurrence of any of the following events: (1) The termination date specified with approval of the interim use. (2) Any violation of the conditions under which the interim use was approved. (3) A change in this ordinance which would render the use non-conforming. • ARTICLE 9. VARIANCES 2-420. Purpose of variances. Variances are intended to provide a means of departure from the literal requirements of this ordinance where strict adherence would cause undue hardship due to special conditions or circumstances unique to a site. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. 2-430. Application for variance. Any person having a legal or equitable interest in a property may file an application for one or more variances. An application for a variance shall be filed with the City Planner on an approved form as specified in Section 2-90, and shall be accompanied by a site plan and any other information deemed necessary by the City Planner to facilitate review. 2-440. Hearing on application for variance. The Planning Commission shall hold a public hearing on each valid and complete application for a variance as provided in Section 2-100. After the close of the hearing on a proposed variance, the Planning Commission shall make findings, pursuant to Section 2-460,and shall submit the same together with its recommendations to the City Council. 2-450. Action by City Council on variances. The City Council shall make the final decision regarding all applications for variance from the provisions of this ordinance. Approval shall require a majority vote of the City Council. Chapter 2—Administration and Enforcement CHAPTER 3: ZONING REGULATIONS Page 1 of 3 Print A�11 NAM1 t ` MinnetonkaCode 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 wads,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. t - httpJ/library.amlegal.com/alpscripts/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 lithe 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. N 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 atleast 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 J/library.amlegal.com/alpscripts/get-content.aspx 3/16/2017 FPlitfOttirg SECTION 21020-ADMINISTRATION-INTERIM USES PC Exhibit C 21020.01. PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: L\ 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 arca 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: "e------ Subd.1. e------Subd.1. Interim uacs 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 0 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. i 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. 1 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 qç 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: Sobd. 1. The date stated in the permit. 6 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 CITY OF SHOREWOOD Subd.4. Interim conditional use permit. a. Purpose. The purpose and intent of an interim conditional use permit is: l (1) To allow a use for a brief period of time while permanent location is obtained or constructed; or (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 (3) To allow a use that is reflective of anticipated long range change to an area and that is in compliance with the Comprehensive Plan, provided that the use maintains harmony and compatibility with surrounding uses and is in keeping with the performance standards of this code; or (4) To provide a mechanism for allowing changes to a nonconforming use of property contingent upon a plan for cessation of the nonconforming use within a specified period of time. b. Informational requirement and procedure. The information required and the procedure to be followed for all interim conditional use permit applications shall be the same as that required for a conditional use permit as provided for in this section. 4,...-----, c. Termination. An interim conditional use shall terminate on the happening of any of the following events, whichever occurs first: (1) The date stated in the permit; (2) Upon violation of conditions under which the permit was issued; (3) Upon change in the city's zoning regulations that renders the use nonconforming; (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. —.._.1 d. General standards. An interim conditional use permit shall comply with the following: (1) Conform to the applicable general building and performance requirements of§ 1201.03,Subd. 2 of this code; (2) The use is allowed as an interim use in the respective zoning district; '[�� /‘ (3) The date or event that will terminate the use can be identified with certainty; T (4) The use will not impose additional unreasonable costs on the public; V V (5) The user agrees to anyconditions that the City Council deems appropriate for �'� g permission of the use. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. e. Conditions of approval. In permitting a new interim conditional use permit or amending an existing interim conditional use permit,the Planning Commission may recommend and the City Council may impose, in addition to the standards and requirements expressly specified by this code, additional conditions that the Planning Commission or City Council consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include but are not limited to the following: (1) Increasing the required lot size or yard dimension; (2) Limiting the height, size or location of buildings; (3) Controlling the location and number of vehicular access points; (4) increasing the street width; (5) Increasing the number of required off-street parking spaces; (6) Limiting the number, size, location and lighting of signs; (7) Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property. _ —.wk.- f. Violations. After two nuisance or code violation complaints have been made and verified with written notice to the holder of the interim conditional use permit, a public hearing may be called within 60 days of the last complaint to reconsider the interim conditional use permit. g. Revocation. An interim use permit may be revoked if: (1) The property is found to be in violation of the conditions listed in the interim conditional use permit; or (2) If access to the property for purpose of making and inspection is refused to the Zoning Administrator or its designee. The same process established for granting the interim conditional use permit shall be followed when considering revocation of an interim conditional use permit. I" !i/Orr : A rm or st.toigewoos zON/NG cets,e peiu N2 Al 5.772-tC,r - 1 N w bot- /N u C EtK w(--Y2-c_: . s rt-- . 13Lou fAQ4cL CITY OF BROOKLYN PARK—INTERIM USE ORDINANCE §152.193 PURPOSE. The purpose of allowing interim uses is: g (A) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. (B) 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. (C) 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. (Ord.2005-1049, passed 9-26-05) § 152.194 PROCEDURE. Uses defined as interim uses shall obtain an interim use permit and shall be processed according to the standards and procedures for a conditional use permit as established in§ 152.035. (Ord. 2005-1049,passed 9-26-05) §152.195 GENERAL REQUIREMENTS. An interim use shall comply with the following: (A) Meet the standards of a conditional use permit set forth in§ 152.035. (B) State that certain date or event that will terminate the use. (C) Shall not impose additional unreasonable costs on the public. (D) Interim uses are waived from compliance with the Highway Overlay District standards. (E) All lots served by an individual/private sewer and water system must abandon the individual system and be connected to the public sanitary sewer and water when there is a change in the use of the property, or within one year of the date the public system becomes available to the lot,whichever occurs first. t- (F) Meet any conditions that the City Council deems appropriate for permission of the use. (G) Interim use permits shall be annually reviewed by the City Council. (Ord. 2005-1049, passed 9-26-05) § 152.196 TERMINATION. An interim use permit shall terminate on the happening of any of the following events,whichever occurs first: (A) The date stated in the interim use permit. (B) Upon violation of conditions under which the permit was issued. (C) Upon change in the city's zoning regulations,which render the use nonconforming. (D) The redevelopment of the use and property. (Ord.2005-1049, passed 9-26-05) • South St. Paul,MN Code of Ordinances Page 1 of 1 ot*Aitt1-1- PkUL- Sec. 118-41.-interim use permits. (a) Definition.As used in this section,the term Interim use" shall mean a temporary use of] property until a particular date, until the occurrence of a particular event, or until zonin regulations no longer permit it. (b) Permit.The city council may grant an interim use permit for the 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; 41 (3) Permit of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and (4) The user agrees in writing to any conditions that the city council deems appropriate for permission of the use. (c) Hearing. Upon receipt of an application for an interim use permit from the city engineer,the planning commission shall hold a public hearing on the application following notice of the time, place and purpose of the hearing published in the official newspaper of the city at least ten days prior to the day of the hearing. Following the public hearing,the planning commission shall forward its recommendation to the city council. (d) Application.An application for an interim use permit shall be on such form as prescribed by the city engineer,filed with the city engineer; and accompanied by payment of the applicable fee. (e) Permit termination.An interim use permit may be terminated by a change in zoning regulations that prohibits the interim use. (Code 1992, § 1500.29, subd. 5) State Law reference— Interim uses, Minn. Stat. §462.3597. about:blank 3/28/2017 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. PC Exhibit D There were no public comment- -garding this application. Chair Thiesse closed the public hearing : 6:55 p.m. Leskinen noted this is almost an identical ap' 'cation as the previous one Landgraver moved,Lemke seconded,to recommen• -�'proval of Application No. 17-3909,Ken and Sheralyn Saddler,2755 Ethel Avenue,gran of lot and lot width variances,subject to the applicant adhering to the required •acks and 30 percent cover limitation with regards to any additional structures an• ,ardcover proposed for the prope nd subject to the hot tub being located off the b of the house rather than the side. VOTE: A 5,Nays 0. 5. 17-3911 LAKEWEST,LLC,3245 WAYZATA BOULEVARD WEST,ZONING CODE TEXT AMENDMENT,6:56 P.M.—8:02 P.M. Curt Fretham,Lakewest,LLC,was present. Gaffron stated the applicants are requesting a change to the City Code to allow for a new type of zone. The applicants received final plat approval of a 27-lot residential development of the property at 3245 Wayzata Boulevard in July of 2016. The property is currently zoned RR-1B and will be rezoned to PUD following final plat approval. Pending more favorable market conditions,the applicants have chosen to not proceed immediately with the residential development. The applicants are requesting,however,to be able to allow temporary use of the site as a staging, storage and materials recycling yard for the upcoming County Road 112 improvement project expected to begin in 2017. This project is being done in phases and could take up to four to five years for completion. 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 through an Interim Use Permit. The zoning code currently does not contain provisions for Interim Uses. The applicants are requesting the City amend the zoning code in order to allow Interim Uses. Page 8of64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. State statutes permit 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." Gaffron noted it is important to remember that a conditional use permit is permanent and runs with the land. 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 with a high level of city control. A past example of where that type of ordinance would have been helpful was in the case of a daycare facility located at the corner of Highways 6 and 12. It sat empty for five years because the City did not have an Interim Use Permit. In order to allow the proposed staging use,the applicants are requesting the Code be amended. 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. Page 9 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. In order to allow the proposed staging use on a temporary basis,the Code must be amended and the following factors should be considered: 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 fmdings for variances and CUPs. 2. The RR-1B zoning district should be amended to include a section entitled"Interim Uses". 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,the following: 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. The Planning Commission should consider whether there are any additional conditions that would be appropriate for this use. Gaffron stated one of the questions that came up is whether the zoning is consistent with the Comprehensive Plan for interim use. 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. 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 Comprehensive Plan. The City Attorney has indicated that because zoning needs to be consistent with the Comprehensive Plan,the Page 10 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Comprehensive Plan technically should be amended to allow interim uses that are not conforming with the guiding. Gaffron noted there will be some text amendments that potentially will be added to the Comprehensive Plan during its 2018 update but Staff does not believe that should stop the City's ability to add interim uses to the zoning code at this time. The Planning Commission should consider the issues for consideration outlined in Staffs report. If the Planning Commission feels that interim uses is a tool the City should have in place,a recommendation of approval would be appropriate. Gaffron noted with the next application the Planning Commission will be looking at the exact use that is being proposed by the applicant. Schoenzeit asked whether the conditions should include language that the interim use or the specific use requires some type of bond in the event the interim property owner does not clean the lot when they are finished with the interim use. Gaffron indicated he does not disagree with that suggestion. Leskinen noted City had considerable discussion on interim uses a number of years ago and that to her recollection there were some pitfalls involved with interim uses. Leskinen indicated she cannot remember what those pitfalls were but that she has always felt it would be a useful tool. Gaffron stated it might have been in conjunction with the Emily Program or it could be possible that past City Councils were simply not interested in making that change. A number of cities utilize it as a tool but it could become a problem if the correct conditions are not placed on the applicant. Gaffron stated in his view it gives the City excellent control over the duration of the interim use. Leskinen commented it seems to be more secure than a conditional use permit. Gaffron noted a conditional use permit is permanent and an interim use permit could be terminated by the City Council at any point. Page 11 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Landgraver asked if a date certain could be set for the interim use,and then if that date is not met,the date could be extended. Gaffron stated that is one option. Another option is that the interim use could be required to be renewed on an annual basis. Gaffron stated one of the questions is what are the potential future uses or ancillary uses of the site that might not have been predicted or expected. Gaffron stated it could also be a trigger event rather than a trigger date. Gaffron asked if the Planning Commission would like to review Item No. 6 in conjunction with this application or separately. Lemke stated he would like more time to review this item since there are three options from three different cities they need to review. Thiesse commented this weekend was the first time he has seen this request and that he would recommend Staff prepare draft language for an ordinance so the Planning Commission and the public has something firm to review. Gaffron stated Staff did not prepare language because they were not sure whether the Planning Commission would be interested in an interim use ordinance. Gaffron indicated it would not take very long for Staff to draft language. Thiesse asked if another public hearing would then be required. Gaffron stated the Planning Commission has the option to hold a second public hearing or tabling the application at this meeting for further review. Landgraver asked if there is another work session scheduled for April. Barnhart indicated it would be April 5. Page 12 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse stated in his view the Planning Commission has an obligation to review and give a recommendation on a draft ordinance. Thiesse stated he thinks it is a good idea but that he would like to see some language regarding it. Landgraver commented that would also give people something to respond to. Landgraver stated it might also be useful to hear the next application. Chair Thiesse opened the public hearing at 7:13 p.m. Allan Engleman,315 North Old Crystal Bay Road,stated he has questions regarding pollution and traffic. Engleman stated if someone tries to turn in there, it is not possible with that guardrail. Engleman stated he is not sure what the taxes currently are on this property,but when it is turned into a money making deal,he has a question of how it will be taxed. In addition,when Mr.Eisinger put that fill in there,he did not compact anything. Engleman stated if they start placing excess material in there and other items,the land will sink. When Hennepin County installed the new road,the swamp was proposed to be dug out,but because of the pollution,they decided not to dig it out. When the County 6 interchange was put in,a land bridge was constructed because they would not dig it out and fill it back in. Engleman asked what is going to happen with the pollution when they start doing this new activity. Engleman asked if they are going to be able to crush concrete or whether the City will limit them to daytime hours. Engleman stated there are a lot of questions that need to be answered before this can be approved. Thiesse noted the Planning Commission will be discussing some of that under Item No. 6. Chair Thiesse closed the public hearing at 7:16 p.m. It was the consensus of the Planning Commission to suspend discussion on this item and to open Item No. 6. (Discussion on this item was suspended from 7:16 p.m.to 7:56 p.m.) Page 13 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Schoenzeit stated in his view there should be an annual review. Thiesse stated an annual review is not very good if there are not very specific guidelines put in place first. Thiesse noted the City has to have a reason to close the use down. Schoenzeit suggested the interim use conditions should include sufficient bonding to restore the site to pre-use condition at the applicant's expense so the taxpayers are not stuck with the bill. Landgraver stated he has a much better understanding of what an interim use permit would be and that he has a better visualization of what is going to happen on the site. Landgraver indicated he would like to look at the proposed language at the work session and then put it out there for the public so there is something concrete to work on. Thiesse stated he is in agreement with that and that the public should have something specific to comment on. Leskinen asked if Commissioner Landgraver is suggesting that the interim use permit for this project should be discussed at the work session or the general concept of interim use as well as this project. Landgraver stated he would suggest both be discussed. Thiesse asked if this item should be tabled. Barnhart suggested tabling the application and continuing the public hearing until the April Planning Commission meeting so public comment can be received. Landgraver moved to table Application No. 17-3911,Lakewest,LLC,3245 Wayzata Boulevard, Text Amendment,and to continue the public hearing to the April 17 Planning Commission meeting. Page 14 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Fretham stated the road contractor is hoping to start in April and May would be ideal to get approvals. Fretham stated tabling it to April is fine but tabling it to May,June or July would be challenging. Schoenzeit seconded the motion. VOTE: Ayes 5,Nays 0. 6. 17-3910 LAKEWEST,LLC,3245 WAYZATA BOULEVARD WEST,CONDITIONAL USE PERMIT,7:17 P.M.—8:02 P.M. Curt Fretham,Lakewest,LLC,was present. Gaffron stated for the last few months Staff has been receiving inquiries from contractors searching for a staging area for the upcoming highway project. Currently there appear to be few suitable options and this site is an option since it is open and relatively flat,has good accessibility to Wayzata Boulevard,is large enough for the intended activities, and is relatively remote from nearby residential development. The home located across Wayzata Boulevard is 700 feet away and the site is 1,000 feet from any homes across the freeway. The potential negative impacts,such as noise,vibration,glare, dust,should be minimal as compared to most other locations within the Wayzata Boulevard corridor,which is one of the reasons this site was proposed. The portion of the site proposed for construction staging is primarily over the landfill area that has been closed for a number of years,which is the area depicted in blue. 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 the applicant's 2016 residential development proposal. The information regarding what is contained within the landfill was also contained within that application. The area that gained approval for residential development is not within the landfill area. Page 15 of 64 Item 4 Date Application Received: 2/21/17 Date Application Considered as Complete:2/27/17 60-Day Review Period Expires: 4/28/17(Extended to 6/27/17 on 3/30/17) .� a. ti To: Chair Thiesse and Planning Commission Members gkESHo�``` Doug Reeder, Interim City Administrator From: Mike Gaffron, Senior Planner Date: April 17, 2017 Subject: #17-3910, Lake West Development, LLC, 3245 Wayzata Boulevard - Interim Use Permit: Temporary Use for Construction Staging - Continued Public Hearing This item was tabled at your March 20 meeting for further consideration. Note that the contractor for the Hennepin County Wayzata Boulevard improvement project has obtained a permit from MnDOT to use a site at 365 Old Crystal Bay Road for the recycling operation for Phase I(2017-2018) of the highway improvements. However, the applicants have requested that their application for a text amendment and IUP approval continue to be reviewed, as they would like to be prepared for use of the Eisinger site for later Phases. Attachments A—Notice of Planning Commission Action 3/30/17 B—Letter Received from Marilyn Gabert (Dumas Family)4/5/17 C—Memo and Exhibits of March 20 PC Meeting D—Draft PC Minutes of 3/20/17 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway ZONING FILE: 17-3910 PO Box 66 Crystal Bay,MN 55323 952.249.4620 DATE OF NOTICE: March 30,2017 TO: Curt Fretham COPIES: dana@Iwestdev.com Lake West Development, LLC 14525 Highway 7,Suite 265 Minnetonka,MN 55345 curtf@lwestdev.com TYPE OF REQUEST: Interim Use Permit for Construction Staging, Materials Storage& Recycling DATE OF MEETING: March 20, 2017 The Orono Planning Commission voted 5-0 on a motion to table the application for further consideration. VOTE : 5 FOR 0 AGAINST Applicant's next meeting is scheduled as: Monday,April 17,2017 This is a Planning Commission meeting. The meeting begins at 6:30 PM 60-Day Extension Notice.The current deadline for City action on your application based on the February 27 application completion date is April 28,2017. Because the earliest possible date for final Council action will not occur until after April 28, the City is extending the time period for City action on application#17- 3910 under Minn.Stat. § 15.99,subd.3(f). Please note the time period for action on this application is hereby extended an additional 60 days until June 27,2017. If you desire certified copies of the official Planning Commission minutes,they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Mike Gaffron at mgaffron(akLorono.mn.us or 952.249.4622. April 5,2017 Dear Mike Gaffron and the Orono Planning Commission members, This letter is in regard to#17-3911, Lakewest, LLC,3245 Wayzata Boulevard and Curt Fretham's request for an Interim Use Permit to allow construction staging, materials and equipment storage and materials recycling at that location (the old Eisinger property). I am writing this letter to represent the concerns of my parents, Robert&Kathryn Dumas. They are the owners of Dumas Apple House and are the immediate neighbors to the east. We realize you are dealing with two separate issues. The Planning Commission and City Council have discussed adding language to your ordinance to handle requests for an Interim Use Permit as there is no language now to address this request. The other issue is actually discussing whether an Interim Use Permit should be issued to Mr. Fretham. We would like to address the second issue. We have quite a few concerns with allowing Mr. Fretham to use his property for construction staging, material and equipment storage and materials recycling—gravel crushing. Rather than list all the storage and staging we will from here on in just say,"gravel crushing"to encompass everything but in fewer words. 1) Allowing a gravel crushing site on that property is not consistent for the uses which the property is guided in the comprehensive plan. Neither the current Orono zoning nor the Long Range Land Use Plan allow for a gravel crushing facility on this parcel of land. Possibly some of you and/or your predecessors worked very hard on these plans and the results were carefully arrived at for a reason. 2) Some of you may feel that this is a less populated area than other potential gravel crushing sites, but those of us that are on the neighboring properties are not any less important. 3) The Orono Preserve development(our neighbor to the east) has already sold four lots/houses and I'm sure will sell several more this spring. We would think new home owners could be in their houses possibly within the next year. The four current buyers and any potential buyers may know nothing of the proposed gravel crushing site. We would think they would have concerns about a gravel crushing site so close to their newly purchased home in a residential neighborhood. 4) There is talk of other debris being brought in to this site, not just the asphalt from the Hwy 112 project. Would there really be a way to monitor, regulate or control what else is brought In? 5) Do you know if there would be any burning of any type of materials at this site? 6) Would there be any melting of any type of materials at this site? 7) Noise is an issue. Heavy machinery and gravel crushing makes quite a bit more noise than a residential neighborhood. Also,Mr. Fretham has stated that some of their gravel crushing and work will be done at night. Day time noise is bad enough,but night time noise of heavy equipment and gravel crushing would definitely not be welcome. From the Orono Code of Ordinances Section 58-119: (b) Maximum noise levels by receivin4 land use districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level outdoors exceeding the dB limit set in table 1 for the receiving land use district specified. Your ordinance states, the maximum noise level for residential land use district is 65 dB(A) — (which means, A-weighted decibels). Sounds levels associated with heavy construction equipment range from 80 to 120 dB(A). 8) We also have concerns about lighting. There are three rather large looking proposed spots for lighting on the preliminary site plan. The gravel crushing machine will also likely have lights on it and any vehicles will have their headlights on at night. All these extra lights on at night, and some lights on vehicles moving around,can be quite disturbing. 9) Moving heavy equipment and running a gravel crushing site can cause unwanted vibrations to neighbors. How far will the vibrations travel? We don't really know. It is a concern. 10) Dumas Apple House is open to the public every fall. The traffic safety on Wayzata Blvd is something we are worried about. Mr. Fretham has said that the heavy truck traffic will be in spurts. Some days there might be no trucks or traffic going in and out of his proposed gravel crushing site. He said some days there may be 50—100 trips to the site a day! That means double that number allowing for ingress and egress? So, it could be 100—200 trips back and forth in front of the Dumas Apple House? With all of our Apple House customers pulling in and out of our facility,that is quite a safety concern. 11) The Hwy 112 project Is starting at the east end of town,and this proposed gravel crushing site is at the west end of Hwy 112. Since we are right next to the proposed gravel crushing site,the heavy truck traffic could be going past the Dumas Apple House for the duration of the entire Hwy 112 project. We have read that the Hwy 112 project could last 3-5 years. 12) Recycling is a good thing,but we do not think this Is a spot for a gravel crushing plant. It seems like there are a lot of downsides and negative issues attached to this request in return for the financial gain of one company. 13) Environmental and public health concerns regarding use of Recycled Asphalt Pavement(RAP) "The bitumen binder used in asphalt paving applications contains a relatively large concentration of a family of organic compounds which can have the potential to pose human health and environmental concerns in certain circumstances especially when asphalt material is ground into very small particles that easily blow off of or wash from the surface. These compounds, known as polycyclic aromatic hydrocarbons (PAHs) are specified as targeted pollutants by the U.S.Environmental Protection Agency(USEPA),and are present in asphalt at relatively high levels for general use in a loose fashion on land. Lead has been observed in RAP samples,with the greatest quantity in old RAP samples, likely as a result of vehicle traffic and emissions. Asphalt millings used alone without a paved top surface have the potential to significantly migrate from the roadway through the actions of water,wind, and physical displacement and possibly contaminate surrounding soils and/or surface water sediments. Traffic traveling on the unpaved asphalt millings would generate dust containing the compounds referenced above and the dust would be a major migration route of the asphalt millings to the surround environment." Reference: compiled by G.Keller 6/12/2013 14) Bitumen definition: a black viscous mixture of hydrocarbons obtained naturally or as a residue from petroleum distillation. It is used for road surfacing and roofing. 15) We have 30 acres of apple trees at the Dumas Apple House. It is a huge concern to have PAHs dirt&dust pollutants in the air next to a farm that produces food consumed by humans! 16) Public Health Statement for Polycyclic Aromatic Hydrocarbons(PAHs)from the Agency for Toxic Substances and Disease Registry(ATSDR). "This Public Health Statement is the summary chapter from the I oxicological Profile for polycyclic aromatic hydrocarbons (PAHs). It is one In a series of Public Health Statements about hazardous substances and their health effects. This information is important because this substance may harm you. The effects of exposure to any hazardous substance depend on the dose, the duration, how you are exposed, personal traits and habits, and whether other chemicals are present." This statement was prepared to give you information about Polycyclic Aromatic Hydrocarbons (PAHs) and to emphasize the human health effects that may result from exposure to them. This information Is Important because exposure to PAHs may cause harmful health effects and because these sites are potential or actual sources of human exposure to PAHs. When a substance Is released from a large area, such as an industrial plant, or from a container, such as a drum or bottle, it enters the environment. This release does not always lead to exposure. You can be exposed to a substance only when you come in contact with it. You may be exposed by breathing, eating, or drinking substances containing the substance or by skin contact with It. If you are exposed to substances such as PAHs, many factors will determine whether harmful health effects will occur and what the type and severity of those health effects will be. These factors include the dose (how much), the duration (how long), the route or pathway by which you are exposed (breathing, eating, drinking, or skin contact), the other chemicals to which you are exposed, and your Individual characteristics such as age, sex, nutritional status, family traits, lifestyle, and state of health. 17) We are certainly concerned with the health risks to all our customers at Dumas Apple House and concerned about any potential liability issues that could arise from this. 18) if you issue an Interim Use Permit for a gravel crushing plant at 3245 Wayzata Blvd,please remember that you setting a precedent. All future decisions on Interim Use Permits will be based on what you allow at this time. it would be one thing to allow someone to have a place to,for example,run a business for a political campaign In a residential district for one year. It is completely another thing to allow someone to have construction staging,material and equipment storage and materials recycling—gravel crushing and excavation in a residential district for three to five years! 19) We ask that you seriously consider all of our concerns before you make a decision to issue an Interim Use Permit for a gravel crushing facility at 3245 Wayzata Blvd. Sincerely, Marilyn Gabert,daughter of Robert&Kathryn Dumas, property owners of Dumas Apple House, neighboring property to Lakewest,LLC,3245 Wayzata Boulevard. Marilyn Gabert PC Box 323 Boulder Junction,Wi 54512 mgabert@centurytel.net Date Application Received: 2/21/17 Date Application Considered as Complete:2/27/17 N^ 60-Day Review Period Expires: 4/28/17 To: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator kEs'xa� 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 3 245 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 usc: #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. I Application# /7 39/D V...0/A 1 2750 Kelley Parkway ` 0 Orono,MN 55356 Date Received' a7-.2-/-/9 ANL, Main: 952-249-4600 fax: 952-249-4616 Fee $700 IA MaiP.O.Box ling Add66ress: Staff Escrow: $700 / NA Crystal Bay,MN 55323-0066 i Notes Please complete. Applicant will be notified within '15 days as to the status of the application. Incomplete applications will -noott be placed on Planning Commission Agendas. SITE LOCATION: 3243 l uayzc k (�t/Cf-', � '�-vw ,-5 M/I550 DESCRIPTION OF REQUEST: OUP- d ! tthq eccyz/iii1q (7L (attached ad tonal sheets at necessary) APPLICANT INFORMATION: CI check here If Applicant address should be used for billing Applicant: In Q KP(UP f" 1-1-0-- Phone(Primary): 9'5, _ 36-�`3C.�2'_) Mailing Address: 11/13' J� m l 7 8GLrk-#265— City:77b,!6th4L ZIP: 5.5'71-5-- Email: 1?uJJi c IfA) ' e , Poor) rinho t�/L112 eY 0on-i PROPERTY OWNER INFORMATION: J ck here if Property Owner is same as applicant / 1 ❑check here If Property Owner address should be used for billing Name: 1n.C!~IC�Lc_*PS! Lie 1 Phone(Primary): S - 3p- Mailing Address: /sf 5" 'l, ! Y , i1e. ,cam Cit :/rf. / ZIP: Email: ii,. ,ig . - -t ! / g iJ e a/ 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 andior 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 ' Applicant Signature: Date: azp.Q/0.7cv7 Applicant Signature: Date:.(2rr Property Owner Signature: Date: OZ/Ay.7/0(7 Property Owner Signature: Date: CUP Application-January 2017 RECEIVED Page 4 FEB 21 2017 3910 CITY OF ORONO LAKE ViM 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 FEB 21 2017 CITY OF ORONO Lake West Development 14525 Highway 7,Suite 265, Minnetonka, MN 55345 Phone 952-930-3000 # 3 9 10 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 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. RECEIVE FEB 2 2017 CUP—Page 2of3 CITY OF ORONO # 3 9 1 ® 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 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 3 of 3 FEB 21 2017 CITY OF ORONO # 3910 _ d • 'WAYZA I A BLVD . __-...... __... __. _-_ ..__ PC Exhibit 8 LEGEND I r+o< • PION IIONUErl7NT FOUND U1UTY POLE - _r .a, • • HM 12 BY CRY FREE NIORANT .�. _ p r OWING COCIOUe comma moemo O\R9aE D ME -- - - --- - - -, .r.}'' :'� .4..(4 it C TO Dm�.m smarm 6+9 ....�— k 114713111AN SANITARY SErRR 8'a i •--- 1 •�dgT+ ! T MORN ODERR i ! b�K \ \ �— Or aastt+o r ■ su► N"o• I 't+ -� - J,— \ •\ ' r L ..-_,..,:,_�f� J I w' DOS1N0 11EVABONL ... •'` � t • ` f�,al soL Pomo � e ELEC1tlC METER/00S TT\N` ! !- REPRESENTS'NE TAN D TRS >� �, � , �: -, NUMBER FROw A,REE SPENIORY L T1111/1111 - ti- / v /• � i•>\ ./.. .V, I'SUPPLED TO U8 FROM OURaia.cw•7a.a•s. < .- -�-_ -__y1 __L _ _; '� ' �'�CTRL \ \ { :; • • � - i z WNW t ROY EASN]ISR a _I 1� �•�i��������� •- .-TN. - � , , \ — • 5EI5ACK UNES r - L 1! r P . i■ — ._:_e.Nlsi ,,.,.�+ r �� FRONDED WETLAND SUFFER AREA , iii•t;,, .1-0:126)__-.0.•r te �E•� .�;�;, �� , ♦� IL If 4: I IM IN 4 -- " - •• 7' 'Al" ,,m,',- - r- , -- --.- liAl ,,,A,‘\ SANITARY SEWER MANHOLE 1 1 / 1,K r., <E \ � C a A'•` POSER POLE AND OVERHEAD SIRES Al. \,••'// )" ! / i / • r�.i .c,\ ,NI \ 12 *.'� ii \. \'' y,<•'N s .">),)'„ e �: puce / to" Ct GRAVEL �. �. CONCRETE SURFACE /' + �- -'� ._ ,-44:. �� { + i Nt �� -- -' - E 22;,...__,- _I L �� .. 1 '`' . . GRAVEL C nN0 TREE LINE het !�'c;�L PROPERIY IpE ,r,' P, {• _ , i' \ " PRELIMINARY SITE PLAN > sANnARY SERI L.,0 ; >�DEM SOU IR,f ,. • :' ...� w WATER NW NE �. .T.' - 1• zrA E-i I�i 5 mt._ ' 0 D mous sox TREE ,► N M� r o DE37D0006 mom (\\': µ 2. ACC KS-- G '' 24 v!cD�--�iL. a. NES Cu�. er� lo 7Ii•it.! PROPOSED SPOT F1iiYATldi. �i ti FiR {{{, , . '14';14:\,., • . "' d. srAr W i r� 1- i qtr-�RARy • - w rt -�rA�.Al: �-r�e�t IA in 4/ . „ Co + •,`t gyp• �ll�llSttEp�F�DDi�CT -51a p E_ - "" 3875,.:p... . 51�.T Fl t�tCE • 46 .:-.: l'' g . I. �1 0 9. TI MPoZZPrRY b.(�(+TtNCY SANITARY SFWFR & 11ATERYRIN NOTT$; „ ! 1 -^,-. t;Y 1. AU. PVC WATERMAN SHALL BE AWWA C-900 OR C-905 ORM UNLESS OTHERWISE NOTED. N 2. ALL PVC SANITARY SEWER SHALL BE SOR 35 UNLESS OTHERWISE j NOTED. 3. SANITARY SERVICES SHALL BE 4' PVC SCHEDULE 40. • 4. WATER SERVICES SHALL BE 1'TYPE"K" COPPER WITH 1'CORP. 5. CONTRACTOR SHALL INSTALL HYDRANT EX1D IONS AS IEICESSARY . E WHERE MA HAS BEEN LOWERED TO AVOID CONFLICT WITH OTHER kif;... 4 • • MUTES. EXTENSIONS SHALL BE CONSIDERED INCIDENTAL TO HYDRANT 1 1 COST. \ • { $ 6. ALL SERVICES SHALL BE EXIT TOED 10' BEYOND PROPERTY UNE �Q S 7. ALL HYDRANTS AND VALVES SHALL BE EQUIPPED WITH STAID STEEL ` RECEIVED N a BOLTS CORE BLUE OR EQUNALENT FLUOROCARBON COATED BOLTS SWILL , ii1 USED FOR ALL WATFREMMIi! FTTTiNGS • '. i a. ALL DIP m1 SHALL BE POLY WRAPPED HATH 8 ML POLY AND POLY TAPED �• , Cp q q 9. ALL • PVC HOPE WATERWII E AL SERNLES SHALL BE LND MIN `• i4 FEB 2 1 LD 7 = TRACER WIRE PER CITY STANDARD DETAL PUTTS 11. INSTALL ROWS 5 FEET BEHIND CURB. IJ 6' 12. OR to HYDRMIT DfTDIS10N5 OILY. F HYDRANT EXTENSIONS ARE `• ` USED. GATE VALVE NUT DITDIDE MU. BE REQUIRED. `�• B ft ./ 9 J. a CITY OF ORON O NEwR•c SCALE NRaY I pi�pl &� r EISINGER MEADOWS PRELIMINARY SANITARY SEWERS PROJECT NO: ASS LANE N CAMP IO N •c Plower C o•Land F .na artily red by tee o•R.� gHMO PN.ar o,.•ate. wider a Area ENGINEERING PQ R"''N' 'odera, LAKE WEST LLC hat B N,D, OTE _Eso�W>N SERVICES, INC. Maple Fra, _WI ppae• .m &Om WATERMAIN PLAN 15-039 DENl016 j_i E-1Idt Akrun P.C -Lld 0 ipso, oft ORONO, MN SHEET NO. 5 OF 12 SHEETS DA 03/23/20161 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 Mattick;Jeremy Barnhart;James Van EyII;Correy Farniok 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 Eyll<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 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 Eyll Fire Chief Long Lake Fire Department j vaneyllgionglakemn.gov ifn, ABI 0 ,6u� 4011). On Mar 10,2017, at 9:53 AM,Mike Gaffron<MGaffron@ci.orono.nui.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 MINNEHAHA CREEK WATERSHED 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, staff 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 rworkin@gmail.com or(952)641-4518 if you have any questions or concerns. Respectfully, 7 / - ��L1 \,(�`� 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 w*"''""'A*v Direct 952.641.4518 11MMNENAIIA CREEK15320 Minnetonka Blvd.,Minnetonka,MN 55345 WATERSHED DISTRICT www.minnehahacr ek.or From: Dana S. Brumitt[mailto:dana@lwestdev.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 lLAKEEff iPAUIPMENT.LIC Dana S.Brumitt I Communications +1.952.653.1359 1 dana(+ lwestdev.com From:Rachel Workin< ,sorkin@minnehahacreek.ork> Sent:Tuesday, March 14,2017 10:38:33 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 trom 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, 9 o r e Rachel Workin f Permitting Technician Minnehaha Creek Watershed District or'alwiallhar Direct 952.641.4518 JMI INIHII►NA OINK15320 Minnetonka Blvd.,Minnetonka,MN 55345 WATEeIHID olstttct www.minnehahacreek.org From: Dana S. Brumitt[ nailto:dana@lwestdev.cc Sent: Monday, March 13,2017 12:21 PM To:Jack Distel<Jdistei@minnehahacreek.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 virrt 11EVELIIIIMEIT,LLC Dana S. Brumitt I Communications +2952.653.1359 dana@lwestdev.cur. From:Jack Distel<Jdistel@minnehahacreek.org> 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 therecycling 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 C MIN MAMA CRE E WATDSNED eMitrcr 4 3/1/2017 Hennepin County RV—Pen/tit-UID/246/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 56340-6421 +STS 4 ., S i gyp, ',- .•'G1`' ,14.0..u,11 1,.,,p,Toni 1414.0,o, Permit is for the construction of Temporary(Temporary)-Construction,surfaced with Gravel Applicant Property Owner Contractor Name: Dane S Brumitt Name: Lakewest LLC Name: Lakewest LLC Address: Lake West Development Address: 14525 Highway 7,Suite 265 Address: 14525 Highway 7 Suite 265 Minnetonka,MN 55345-5534 Minnetonka,MN 55345 Minnetonka, MN 55345 Phone: (612)718-9213 Phone: (952)653-1359 Phone: (952)853-1359 Pager: Fax: Email: dans fpIwestdev.com Dates Entrance Needed By:05/01/2017 httprl/roedpennits.co.hennepin.mn.us/entrance.view.php?entrancaePermitld-246 1/4 3/1/2017 Hennepin County Rt/Pbrndt-UiD"246/Permit"2017-A304 LdCatio.3' The proposed entrance la on the S side of county road no. 112,0.8 miles W of Old Crystal Bay Road. Street Address:3246 Wayzata Boulevard,Orono Driveway Width:20 feet Present number of driveways:0 Sketch 'i Orono CUP Site Plan.pdf Description of Work Provide vehicle access to staging/recycling site for CSAH 112 Protect General • 1.No work shall be started until the application is approved and the permit issued. 2.Contact the Hennepin County Permit Office at 812-698.0339 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 entrances)at Its discretion,based upon the necessity for traffic regulation,control and safety. 8.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 shall 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,white work is in progress,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 pudic 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,property performed,the Permittee,upon being notified,shall immediately take the necessary steps,at their own expanse,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 instalatons.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 ail costs and expenses related thereto.Permittee shall make payment to Hennepin County within fifteen(15)days of receipt of said bitt.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 costs,frees,interest and attorneys fees. 14.No driving onto highway from ditch or driving on shoulders or over curbs where damage will occur. httpsJ/roadpennits.co.hennepin.inn.ua1eaVance.view.php7entrttncePermItld-246 2/4 3/1/2017 Hennepin County Rt/Permit-U1DY 246/Permit/2017-A304 - 15.1 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.Permittee 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 ail costs related to debt collections,including,but not limited to,court costs,fees,interest and attorneys'fees. 16.Emergency Vehicle Accesses must be signed and closed to general traffic at all times.Continued unauthorized use of an 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 Vlibtershed District approval and drainage calculations are required If plan alters sedating drainage patterns. 4.Permanent restoration plans must be submitted to the Permits Office for temporary restoration/winter stabilization for work occurring between November 1st and April 30th prior to starting construction. Traffic Control • 1.if the installation of this driveway makes it necessary to work on the roadway,traffic must be protected;proper temporary traffic control including lights,signs and proper baricades 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 Permittee 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 end reasonably free travel over the roads within the limits of the work herein prescribed.Al!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 S•ecial Provisions Special provisions: • Contact Mike Olmstead at(612)221-7162 or via email at michael.olmstead©hennepin.us at least 24 hours prior to construction. • Temporary traffic control layouts on County roads shall conform to the most recent version of the Minnesota Manual on Uniform Traffic Control Devices. • Applicant shall be responsible to place a stop sign,minimum size of 38'x36",prior to opening the new entrance. Notes: No notes hops://roedpermitc.cohenoepin.mn.w/entrance.view.php?eatrancePenmitld.246 3/4 3/1/2017 Hennepin County RI/Permit-UID#246/Permit/2017-A3O4 Approvals Approval Digital Signature Applicant Dana S.Brumitt-02/26/201712:53 PM Of 5db981a531)1•50643b1c136dabcd66 72ff4d1c6e41028b6eaaaf87O38oablc #1 Permits Supervisor Michael D. Olmstead-03/012017 7:34 AM 2d71b3b630adfd8610da265fd79737be 405cbcfa97b27bdd1839fd5491cee047 http://rosdperroite.co.hennepin.mn.uelrntrance.view.php?enlrfncePormitld446 4/4 RECEVED H0, Hennepin County Locate& Notify Map Provided By: Resident and Real Estate Services FB 217 Date: 2/23/2017 iIII CITY C PC Exhibit C— 29-118-23-44 28-118-23-33 28-118-23-34 29-118-23-43 ' % . .. , L,ror:j `.Ct.G ri R,„,,, a,. :usen € lurtor; Fark 32-118-23-12 32-118-23-11 33-118-2.3-22 33.118-23-21 N. 32-1 ' ; 32 11it-23-1 118-23-23 ` �� 1� 33-118- -24 ,._321.11--.3 3-23-14 I 3 -118-23-23 ', 33-1 ,►.3-24 32-118-23-42 32-118.23-41 33-118-23-32 1 ,.. f 33-118-23-31 1 "" ~. 33-118-23-331 32-118-23-44 t 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: Ili r i i r I I 3245 Wayzata Boulevard West Orono For more information contact: MN N553160002 6 RECEIVED Hennepin County GIS Office 300 6th Street South Minneapolis,MN 55487 FEB 2 7 2017 gis.infoehennepin.us CITY OF ORONO # 3 9 1 0 • y.�. .....v.. ® ��� Pop-up , U AVERY®5960T Use Avery®Template 5160 A Feed Paper expose oEdgeTM J 38 32-118-23 11 0001 38 33-118-23 32 0005 BARBARA LUPIENT CITY OF ORONO C/0 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 MAH DAL 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 do 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 kt s iVEL) 38 33-118-23 32 0002 B N&SANTA FE RR COQ 2 o PROPERTY TAX DEPT c7 1 PO BOX 961089 FORT WORTH TX 76161 CiTM OF ORONO Etlquettes fadles a paler Repliez Ala hachure afln de I www.avery.00m Utilisez Ie gabarft AVERY®5160® Sens de chargement reviler le reboM PopeJ 1-800-GO-AVERY MINUTES OF THE ORO 0 PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. PC Exhibit D Fretham stated the road contractor is hoping to s : • Apr' • ay would be ideal to get approvals. Fretham stated tabling it to April is fine but tabl'• to ! • ,June or July would be challenging. Schoenzeit seconded the • on. VOTE: A es 5 Na s 0. 6. 17-3910 LAKEWEST,LLC,3245 WAYZATA BOULEVARD WEST, CONDITIONAL USE PERMIT,7:17 P.M.—8:02 P.M. Curt Fretham,Lakewest,LLC,was present. Gaffron stated for the last few months Staff has been receiving inquiries from contractors searching for a staging area for the upcoming highway project. Currently there appear to be few suitable options and this site is an option since it is open and relatively flat,has good accessibility to Wayzata Boulevard,is large enough for the intended activities, and is relatively remote from nearby residential development. The home located across Wayzata Boulevard is 700 feet away and the site is 1,000 feet from any homes across the freeway. The potential negative impacts, such as noise,vibration, glare, dust, should be minimal as compared to most other locations within the Wayzata Boulevard corridor,which is one of the reasons this site was proposed. The portion of the site proposed for construction staging is primarily over the landfill area that has been closed for a number of years,which is the area depicted in blue. 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 the applicant's 2016 residential development proposal. The information regarding what is contained within the landfill was also contained within that application. The area that gained approval for residential development is not within the landfill area. Page 15 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. The proposed site use plan indicates the proposed rock construction entrance will 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. Gaffron stated he is not sure whether Hennepin County will require some sort of additional turn lanes,temporary or permanent, in the area. Since it is a county road, Hennepin County will need to make that determination. The Minnehaha Creek Watershed District has approved an Erosion Control permit for the construction staging activity. The Long Lake Fire Chief has indicated no issues with use of the site for construction staging. The Orono Public Works Director has indicated this location is likely as good a location as the contractor will find for construction staging. The site plan suggests that temporary lighting will likely be used,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. The site plan indicates a proposed visual and noise screening berm along the west and south boundaries of the site. The 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 applicant's narrative suggests that this site might be used as a recycling yard for projects other than just the Wayzata Boulevard improvements. 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 expects to operate this site. Questions to be answered include whether materials from the Wayzata Boulevard project will be recycled and head out to other projects not in Orono and whether it is the City's expectation that this site is intended to be in use exclusively for the Wayzata Boulevard project and not as a regional recycling yard for other projects. Staff recommends that this industrial-level use at this site not become a regional Page 16 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. activity and that a definite end date be established commensurate with the end of the Wayzata Boulevard improvements. The Planning Commission should consider the following: 1. Are there any specific concerns with the location of this site for the proposed use? 2. Are there 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? 3. Are there any specific concerns with regard to the duration of the proposed use; i.e., 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? 4. Are there any other issues or concerns with this application? If the 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. Page 17 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. 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. Landgraver asked if Hennepin County has a site that they used during the project on Highway 12 on the west side of Old Crystal Bay Road. Gaffron indicated they vacated that property a number of years ago and Staff is not sure what the final intent for the property is. Curt Fretham,Lakewest Development, stated the entire site consists of approximately 30 acres and that they will only be using a small portion of the site for this activity. Approximately half of the site is wetlands and the other half is dry buildable land. Fretham noted the green pasture area would be the location of the majority of the activities. The area highlighted in blue depicts the lot. Fretham indicated the next slide illustrates the layout of how they envision things would work on the site. Access would be on the left side of the property. The trucks would come in and dump on the left-hand side. The material would then be processed in the blue highlighted area. Fretham commented it seems like there will be a lot going on but there is not that much to it. Fretham stated they have done similar activities on other sites previously. In addition,a screening buffer would be created. Fretham stated there will be a lot of excess clean fill available from the job and that he was planning on using it to create a future buffering amenity but that it could be created now. A formal landscape plan does not exist currently but some trees could be planted along the berm to help further screen the site. Fretham stated he has done some of this before in other communities a lot closer to town. Fretham indicated they did a large demolition of a church in St.Louis Park where they crushed the materials, recycled them, and then used some of the materials on site but then hauled some off site. Another project Page 18 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. was done recently in Golden Valley behind Menard's where a large commercial building was demolished in addition to a project in Minnetonka at Highway 101 and Minnetonka Boulevard. Fretham stated he understands people have legitimate concerns about truck activity and the amount of dust that could be generated,but new technology has been invented and the materials are now dampened with water,which reduces the amount of dust that is created. Fretham stated the equipment will make some noise but noted that the site is right next to the freeway and that he cannot imagine that anyone will know they are there. Fretham indicated the crushing will not occur at night. Fretham stated some of the challenge here is tying the property up for a period of time and then being able to balance it with the practicality of tying it up. Fretham stated one of the questions that he has to answer prior to committing to this is whether there will be enough materials coming off the Wayzata Boulevard job to make it worthwhile. Fretham stated he does have some experience with this type of work and that it really is a blend of being able to mix all of those components, being able to work with Hennepin County,and being able to supplement it to make it a legitimate short-term operation. Fretham stated he would like to point out that there is an indication they might need a separate conditional use permit for the berm and that he would like to process everything concurrently. Lemke asked what the hours of operation would be. Fretham indicated they would like to work with the road construction project,which will occur mainly during the day,but that there might be times where the road crews will work longer days. Thiesse stated they do not necessarily be tied to Hennepin County's schedule and that they could limit their work to the daytime. Fretham stated the crushing would not occur at night but the movement of trucks might occur during the night. Fretham stated it is likely Hennepin County will store some pipe and other materials to be used on the road project that might have to be loaded at night. Page 19 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse stated one of his concerns is possible headlights from a pay loader that are bouncing around and moving around since they can be a big distraction. Fretham stated he does not envision that being a problem but that he included everything in the application that could possibly raise a concern. Fretham stated in his view there will be very little evening or nighttime activity but that it would be nice to be able to do that occasionally. Thiesse asked if recycling of offsite materials was done on his other sites. Fretham indicated there was. Fretham stated as it relates to traffic,there would not be a parade of trucks running through downtown Long Lake and that there will be occasional trucks coming off the bypass. Fretham noted this site offers easy access versus coming in through downtown. Landgraver asked what type of other material they are contemplating bringing it. Fretham indicated it would be concrete and asphalt. Lemke asked how many trips a day in and out are anticipated. Fretham stated he would estimate approximately 2,000 loads over the course of a year,which would amount to seven loads a day. Fretham noted those loads will not occur over the course of a year but will be in spurts. Fretham stated some days there will be 50 to 100 loads and some days nothing. Gaffron asked to what extent the contractor for the county project will be involved in the operation of the site on a daily basis and to what extent the County will be involved in the site on a daily basis. Fretham indicated the County will not play a role in managing it and that Hennepin County would expect them to abide by the permit conditions. Fretham stated their expectation is that the contractor will manage the site on a daily basis and they will be monitoring their activities. Landgraver asked if they are looking at a three-year project. Page 20 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Fretham stated they hope it is a three-year project,but that if it does not work after a year,they will probably shut it down. Fretham stated he would like to try it for at least a year. Lemke asked what will happen with the site after the process is done. Fretham indicated they would need to restore the site to a similar condition as before. Lemke asked whether a deal breaker would be if there is a restriction on bringing in other materials from other sites. Fretham stated it could be since at this time he has not gotten a commitment from the contractor on how much material will be brought in. Fretham stated to his understanding the contractor is negotiating with the County to do some of it onsite at the road project. If that happens,that will reduce the amount of material being brought to the site. Fretham noted he has to look at the costs of tying up the property for a period of time versus the amount of materials to be brought in. Lemke asked him to address the question of pollution. Fretham indicated the contractor will be bringing in street materials,such as curb,concrete,asphalt, manholes and pipe. Fretham stated the material is fairly clean from a pollution standpoint, and if they were demoing a building,that would be a different process. Landgraver noted people are concerned about the old dump. Landgraver asked what government agency would look into the added weight and traffic to the site. Gaffron asked Mr.Fretham what discussions he has had with the MPCA regarding the site. Gaffron stated his understanding of what the gentleman questioning pollution was referring to is what happens if the landfill material is pushed further out or changes the drainage characteristics of the area. Gaffron stated there are a lot of things that go into a landfill and that he would like to know what the MPCA's views are on the proposed use for the site. Fretham indicated they have spoken with the MPCA but that they have not really spoken with them about the recycling activities. Fretham noted he has dealt with them before on other sites and that he Page 21 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. understands their process and concerns. Fretham stated the MPCA's concern was more about the screening buffer since that is a permanent thing and that they will want to sign off on that. Fretham indicated he has hired Wenck Engineering for that component and that he can add that point to his discussions with them going into the future. Gaffron asked if the MPCA has a concern about the additional weight on the edges or the drainage being impacted. Fretham stated their concern is adding a berm on top of the landfill area,which may make it more difficult to clean the landfill up if that is found to be necessary. Leskinen asked whether the applicant would restrict the materials to just road debris or whether there would be materials from the demolition of a building if they were to be allowed to have other sites bring in their debris. Fretham stated they would like to have discretion to bring in other materials. Fretham noted on a demolition project they still have protocol they have to follow to make sure the materials that are going to be recycled are clean. Fretham stated he could provide that paperwork and that he will retain it in the event there is ever an audit performed. Leskinen asked if it would be fair to say that it could be more than just road debris. Fretham stated potentially it could be. Schoenzeit asked if he would agree to the stipulation that if other materials are brought in that it be limited to concrete,asphalt,manholes,and not this other demolition material. Schoenzeit indicated he would be very uninterested in recycling non-road material and non-authenticated stuff and turning this site back into a dump. Fretham stated they do not want to turn it back into a dump and that they consider it to be a valuable property. Fretham stated if that was a stipulation,he would need to figure out whether they could live with that. Page 22 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Thiesse stated it sounds like a site is necessary for recycling of road materials in Orono but that there is not a big need to be recycling other debris. Thiesse stated in his view the Planning Commission does not have enough information on whether that is a required component for the applicant. Thiesse commented he would love to see Orono take care of its own materials. Fretham noted he does not have control of the entire equation. Thiesse asked when that information would be available. Fretham stated it would probably be available in the next 30 to 90 days. Thiesse commented this site is probably the best site to do it, but in order to give exact information to the public on the interim use,he would like more information on how the property will be used and whether it could be viable without bringing in other materials from other towns. Schoenzeit stated the City's obligation is to keep this site clean and that it starts with knowing what the materials are and where they are coming from. Thiesse stated it also has to be a viable operation. Landgraver stated if there are limits on the amount of traffic and the type and amount of material,he would not be inclined to be as restrictive on where it is coming from. Fretham stated if the City of Mound has a road project going on and they would like to bring in 20 loads of street materials,he is hearing that might be acceptable,but if a building is being torn down in downtown Long Lake,they would like to see that go somewhere else. Schoenzeit stated he could take the concrete foundation but not the rest. Fretham stated that would be helpful since oftentimes that it what is recycled. Fretham noted there are strict specifications that they use for the recycled materials and that the finished product has to be acceptable to their standards. Page 23 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Leskinen asked if MN/DOT ran a similar type operation for the new Highway 12 project. Gaffron indicated it was a staging area for materials and equipment but to his knowledge they did not have a recycling operation. Gaffron stated vehicles were parked there now and then and there was a construction office located there. Gaffron stated that site was handled by MN/DOT and the City had limited say in it. Gaffron indicated he does not recall any conditional use permits being requested. Lemke asked if there would be storage of trucks and equipment as well as the crushing equipment. Fretham indicated there would be. Fretham stated it is likely the crushing machine will be run less than 200 hours,which is basically two and a half weeks out of a year. Fretham stated the machine might run for a few days and then not for a while and that they will not be running a full-blown crushing operation all summer long. Chair Thiesse opened the public hearing at 7:53 p.m. Allan Engleman,315 Old Crystal Bay Road, stated it sounds like there will be a recycling operation on the site and that the City does not need someone hauling stuff from Brooklyn Park or Wayzata in there. Engleman questioned what will happen when they are done and the pile is still standing there. Engleman commented it looks to him to be a business and that the City does not need that here. Engleman stated he does not know if the borings showed any contaminated material from the bypass project. Gaffron stated the boring logs primarily identified materials within the landfill and they attempted to determine the boundary between the landfill and high land. Gaffron stated he has not seen borings from in town but that any contaminated material would need to be hauled to different sites. Thiesse stated he did see the soil borings from downtown out to Birch's and they were all good. Engleman commented it looks to him like there will be a business operation over there and that they will be taking in other cities' material from all over. Chair Thiesse closed the public hearing at 7:55 p.m. Page 24 of 64 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. (The Planning Commission suspended discussion on this item in order to discuss Item No.5) Landgraver moved,Schoenzeit seconded,to table Application No. 17-3910,Lakewest,LLC,3245 Wayzata Boulevard,Interim Use Permit,and to continue the public hearing to the April 17 Planning Commission meeting. VOTE: Ayes 5,Nays 0. 7. 17-3912 BRUCE BIRKELAND,PID 07-117-23-31-0028(Adjacent to 1298 Wildhurst Trail),VARIANCES,8:02 P.M.—8:38 P.M. Bruce Birkeland,Applicant,was present. Curtis stated the applicant is requesting a variance to facilitate an administrative lot line adjustment, which is a subdivision exemption, in order to create an additional one lakeshore lot where there is currently one lakeshore lot and one non-lakeshore lot. The southern lot is not a lakeshore lot currently. The applicant owns both lots and has presented two options: 1. Create two conforming lots, each meeting the LR-1 minimum area and width at the 75-foot setback. This would require a side setback variance allowing the existing home on Lot 2 to be located within three feet of the new dividing line. The side setback variance is needed in order to certify the subdivision exemption. 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 40 feet is required. A lot width variance would be required in order to process the subdivision exemption. Curtis noted Option 2 is the applicant's preferred option. The LR-1B requires 140 feet in width at the ordinary high water level and at the 75-foot setback for Lake Minnetonka. There should be at least 280 feet at these points for supporting two lakeshore lots. The plans submitted for either option do not appear to reflect conforming measurement of lot widths. The Page 25 of 64 Jeremy Barnhart From: christopher jones <imjonescw@gmail.com> Sent: Monday, April 17, 2017 3:29 PM To: jbtheisse@hotmail.com; Denise Leskinen (deniseleskinen@grnail.com); Kevin Landgraver (klandgraver@gmail.com); bruselemke@gmail.com; olsonc116@gmail.com; Loren Schoenzeit (lorens@3dlake.com); Jon Schwingler(jonschwing@aol.com); Christopher McGrann (c_mcgrann@hotmail.com) Cc: Jeremy Barnhart Subject: Public Comments for Planning Commission Meeting 4-17-2017 To the Orono Planning Commission members, I am responding to the Notice of public hearing regarding several properties that directly affect the Long Lake and Lake Minnetonka watersheds, and therefore, the water quality of these watersheds. Specifically: 17-3918 seeks variances for lot area, lot width, lake setback, average lake setback, and a 0-75' hardcover variance. The details of this request is not included in the Public Notice so it is difficult to assess their individual impacts. Given the low elevation of this property in relation to Lake Minnetonka, and therefore its potential direct impact on the lake's water quality, any variance approvals also must seek to include stormwater runoff remediation through best management practices. This is particularly appropriate for the hardscape variance being sought. Again, because of the property's low elevations, infiltration of stormwater runoff will be difficult, and this fact challenges the appropriateness of any hardscape variance request. Requiring the installation of numerous rainwater gardens using deep root plants is one solution that could mitigate the impact of any variances being sought; there are other best management practices available, too. For example, for every sq/ft of variance sought, an equal sq/ft of rainwater garden must be installed. Without this type of tradeoff solution-building I encourage the Planning Commission reject the requests. 17-3929 seeks variances for average lakeshore setbacks, bluff setback variances, and a conditional use permit for grading. The proximity of this property to Long Lake and the slope of the property towards Long Lake suggests that any variance approvals be paired with rain/storm water remediation best management practices. Long Lake is an impaired lake with phosphorus and other chemical levels that inhibit its ability to recover. Members of the commission who grew up on Lake Minnetonka in the 1970s will recall what that body of water looked and felt like, and they will likely recall the "Save The Lake" campaign that began that lake's recovery. That's where Long Lake is today, and that's without the invasive species that compound the problems! Any variances granted to this property/project also should seek commensurate rainwater runoff treatment using rainwater gardens or similar management practices to infiltrate runoff before it reaches the lakeshore. The pool deck is a hardscape surface that will shed its rainwater to the lake, and employing remediation techniques uphill from the lakeshore towards the pool deck will keep excess contaminated water from a 100-year rain event from the lake. Again, any variance approval should be met with rainwater remediation techniques to protect the lake. 2 • I truly hope the Planning Commission will look at these comments as positive and encouraging of the variance process as long as it includes commensurate requirements for water quality protection so that other efforts to return Long Lake and Lake Minnetonka's watershed to a healthier state aren't negated Respectfully, Christopher Jones, Orono 3 Item 5 Date Application Received: 02/22/17 Date Application Considered as Complete: 02/22/17 1WAi 120-Day Review Extension Period Expires: 06/22/17 To: Chair Thiesse and Planning Commission Members Fl 4/.., Doug Reeder, Interim City Administrator �kFSHoa`` From: Melanie Curtis, Planner I'Y1GG Date: 17 April 2017 Subject: #17-3918,Jean Rehkamp Larson o/b/o Bill Toles, 1095 Ferndale Rd W, Variances&CUPs Public Hearing Application Summary: The applicant is requesting approval of lot area,lot width, lake setback, hardcover within 75' of the OHWL, and average lake setback variances as well as conditional use permits for site grading and to allow a bathroom within the proposed detached garage. Staff Recommendation: Planning Department Staff recommends approval. History The subject property has a recent history of variances to facilitate redevelopment. Beginning in 2009 the property owner began exploring variances and a grading conditional use permit for reconstruction of a home on the property they had hoped to sell.Variances were granted and expired due to inactivity. In 2012 new approvals consistent with the 2009 approvals were granted,and permits for demolition were issued,though the replacement home was not constructed. In 2014 the owner again requested the same/similar approvals which were granted.The 2014 approvals were extended and are now valid until November of 2017(see Resolution 6679 attached as part of Exhibit M). Summary The current owner is requesting the following approvals in order to construct a new residence on the property: lot area and lot width; lake setback; hardcover within the 75-foot setback from the ordinary high water level (OHWL),and average lakeshore setback variances.The owner is also requesting approval of a conditional use permit relating to the amount of grading on the property in excess of 500 cubic yards of disturbance for mitigation of areas below the 1%annual chance floodplain in order to develop the property, and a conditional use permit to allow installation of a full bathroom within the proposed detached garage. Page 6 of Exhibit F showing a comparison of current and previous approvals illustrates an overlay of the previously approved footprint(in blue)with the current.The current footprint (in orange) is situated further back from the lake and oriented on the property for improved lake views by neighbors. FILE#17-3918 17 April 2017 Page 3 of 9 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 hardcover, lakes setback,and average setback variances results in the property's inability to conform to#1 above.Therefore,area and width variances are also required in order to redevelop the property. Lake Setback&Average Lakeshore Setback Variances(Section 78-1279)and 75-foot Hardcover Variance (Section 78-1680) The applicant is proposing to construct a new, accessible home with lakeside terrace on the property. Previous variance requests have been granted for similar encroachments due to the difficulties of the property including floodplain, lot size,topography,drainage,etc.The applicant is proposing to encroach as close as 65 feet to the lake with the home where a 75-foot setback is required, resulting in an encroachment of approximately 15 feet lakeward of the average lakeshore setback line. To maintain accessibility, lakeside terraces with connecting walkways are also proposed.These terraces will encroach as much as 30 feet into the 75-foot setback.Of the 12,990 sf of hardcover proposed for the site, 2,386 sf is proposed within the 75 lake yard. Conditional Use Permit for Plumbing(Section 78-1437) The Code provides for installation of plumbing, including a bathtub/shower,within an accessory building provided the building is conforming and a conditional use permit is granted.A restrictive covenant is also required which restricts the use of the accessory building. The applicant is proposing a full bathroom in the upper floor of the proposed detached garage.This building will be used primarily for storage with the upper floor to be utilized as a yoga studio for the homeowners. Conditional Use Permit for Grading in Excess of 500 Cubic Yards (Section 78-967)& Floodplain Mitigation Grading(Section 78-1126) Filling activities exceeding 500 cubic yards in the Shoreland require a conditional use permit. Further filling activities which exceed 1,000 cubic yards of imported material within the floodplain requires review of a conditional use permit. It appears just over 1,200 cubic yards of fill material will be brought in to the property. The Minnehaha Creek Watershed District (MCWD)will also be reviewing the proposed grading and mitigation plan to assure the overall volume of flood storage has not been diminished.The lowest floor of the proposed home must be at or above the Regulatory Flood Protection Elevation (RFPE)for Lake Minnetonka which is 932.5 feet;the MCWD's regulations require low openings to be one foot higher at 933.5 feet. The proposed plan accomplishes both goals with a proposed low(first)floor elevation of 936 feet. 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 FILE#17-3918 17 April 2017 Page 5 of 9 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 substandard lot width of the Property is not uncommon in the surrounding neighborhood. The presence of the 1% annual chance floodplain on the property creates increased difficulties which drive the building pad location and improvements toward the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property to the east has a higher grade than the subject property.The two properties to the west have similar floodplain challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting the requested variances will provide relief to the applicant regarding the lot size and floodplain on the property. 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 floodplain/topography 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. 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 bathroom within an accessory building and the proposed grading to elevate the home and portions of the property above the 1%annual chance floodplain is residential in nature,are both consistent FILE#17-3918 17 April 2017 Page 7 of 9 The architectural styling of the building will be residential in character and consistent with that of the proposed home on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the structure for garage storage and as a personal yoga studio is not expected to have any adverse impacts. No information has been presented to indicate such. The result of the proposed grading will enhance, rather than change,the intended residential use of the Property;there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However, activity of importing approximately 1,200 cubic yards of fill and active grading of the Property can have a temporary adverse impact on neighbors. The grading work on the Property as well as the further construction of the residence could result in noise,dust,vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped; it should blend into the Property. The project,once completed, should not result in undesirable views requiring mitigation. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference, general unsightliness, or other means; The result of the proposed grading will enhance, rather than change the intended residential use of the Property;there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However,activity of importing approximately 1,200 cubic yards of fill and active grading of the Property can have a temporary adverse impact on neighbors.The grading work on the Property as well as the further construction of the residence could result in noise,dust,vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. The proposed detached garage with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; The Applicants will be required to keep debris off of the public roadways.The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible.The grading project will be monitored by the MCWD,the City Engineer, and planning staff so as to minimize nuisances during the project. It is anticipated that the proposed detached garage with plumbing will not generate any of these undesirable issues. FILE#17-3918 17 April 2017 Page 9 of 9 Public Comments Comments have been received and are included as Exhibit L. 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. The applicants have demonstrated practical difficulties to support the requested variances without generating neighborhood opposition. The proposed landscape plan offers additional infiltration opportunities offsetting the hardcover and structure placed within the 75-foot setback. They have satisfied the criteria for approval of both of the requested conditional use permits.A covenant should be signed by the property owners relating to the plumbing within the detached garage. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Building Plans and Elevations Exhibit F. Variance Comparison Overlays Exhibit G. Floodplain Mitigation Plan Exhibit H. Submitted Hardcover Calculations Exhibit 1. Aerial Photos Exhibit J. Landscape Plans Exhibit K. City Code Sections Exhibit L. Public Comments Received Exhibit M. Resolution Nos. 5872,6038, 6152, 6463,&6679 Exhibit N. 60-Day Extension Letter Exhibit O. Property Owners List Exhibit P. Plat Map PC Exhibit A City of Orono #17-3918 Variance Application Street Address: Application# !q�O �O 2750 Kelley Parkwayt V Orono,MN 55356 Date Received: Main: 952-249-4600 Staff: fax: 952-249-4616 Fee: $700 Mailing Address: 1. P.O.Box 66 Escrow: $700 / $2,500 tG Crystal Bay,MN 55323-0066 Notes: RFSHOR 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: /0 /c Fpyh dy( i Pea A k✓ts4 / OrohS b 53 7 DESCRIPTION OF REQUEST: _ 1 (attach additional sheets nec ssary) APPLICANT INFORMATION: 0 check here if Applicant address should be used for billing bens ekt S Applicant: T(ZN.. A-L 0i Ka IsAi? L ari, Re MMP L art 441A`1-(..4A- Phone (Primary): (p ( 2_ . $S- * 1-$' Mailing Address: 21 3 . IN454- s,/ 3"J 5}_ City: ,AUT I s ZIP: ccjj 0 Email: 7e2H e 1' k k ly iF. 1 vs...... Cow._ 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: Fji(I Tole, Phone(Primary): q s2, - 2.40 - 2/0 0 Mailing Address: 2 570 CVI5( ,!)♦ gjJ goad City: Mihntivrtk9 ZIP: 5-S-305— Email: 5-S-305— Email: 1AM-0 le 5 104 l e 00�[ow`.. 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,_ Date: 2 •/ y. /1 Applicant Signature: dir Date: t Property Owner Signature: .,-/' --0----1.#‘-''--------....„ Date: 1(4." -71 G ' c '7- Property Owner Signature: Date: Variance Application--January 2017 Page 4 City of Orono Conditional Use Permit Application Street Address: Application# Q O/� rO 2750 Kelley Parkway T� ��/6111L".- Orono, MN 55356 Main: 952-249-4600 Staff fax: 952-249-4616 Fee: $700 Mailing Address: Escrow: $700 / NA S P.O.Box 66 Date Received: ✓� � Crystal Bay, MN 55323-0066 Notes: `� OV:" 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: /0 47 c Ft v AA- .Jko'd4 Wts4--1 Ov,iip 3 q DESCRIPTION OF REQUEST: 5(( ktthet t ' I/"p15GYiptiJ),. e1- RC f U-€S1' 4. Pn)rcf /V1111-1,) (attached additional sheets at necessary) APPLICANT INFORMATION: O check here if Applicant address should be used for billing Applicant: 7p- 12.G�+k4vviP L vsoHi Retikawip 1,411,56kItVa .l k Phone (Primary): b 12 . ?As-. -4.7'1-5- Mailing Address: S/.52_ yet 43 " Sf City: Alp 1s ZIP: y/ D Email: 7��t... _ V 4 (-2 p t •01r5 c • G ei-,ti_ PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant jllrcheck here if Property Owner address should be used for billing Name: '1:3di f01€s Phone (Primary): 952 - Zyd - 21" Mailing Address: 2, s't0 evesG.,+ /i R02,1 City:it{/Jim iatka ZIP: S'c0 c Email: W{-p1eS JD it e 70I• C ._.._ 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 vi. email. 1' Applicant Signature: ----/ ----,N___/_/ / /Date: '7 • 1 Applicant Signature: Date: Property Owner Signature- Pi 4--- -- 0 Date: , _7/ r ---dl Property Owner Signature: Date: CUP Application-January 2017 Page 4 February 22,2017 CONDITIONAL USE PERMIT.- Description of Request & Project Narrative Property Address: 1095 Ferndale Road West Orono, MN 55391 Submitted by Bill Toles along with Jean Rehkamp Larson, Rehkamp Larson Architects The owners of the property at 1095 Ferndale Road are requesting a Conditional Use Permit to allow for the bathroom with tub/shower in the Studio Garage located to northeast of the Main House. The Studio Garage will be used primarily for storage, but may be used by the home owners as a place for meditation and/or yoga - both of which would benefit from a nearby shower. This request is consistent and compliant with the guidelines outlined in Sec. 878-916 of the city code. 1095 Ferndale Road West Conditional Use Permit Application 1 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. hlTops First Middle Last 57O &?$ 1144 /2(47c Ro' d Address Aik2 /1.4 5-53 0 95-2 -290 -2/00 City State Zip Phone I understand my rights as d above. jw nature Variance Application-January 2017 Page 14 PC Exhibit B #17-3918 tvls PROJECT: FERNDALE RESIDENCE LOCATION: 1095 Ferndale Road Orono, MN 55391 DATE: April 06,2017 PROJECT DESCRIPTION: The Ferndale Road Residence project proposes to build a new single-family,2 story home and detached accessory garage on the existing lakeshore lot located at 1095 Ferndale Road in Orono, Minnesota. The home is for Mr. Bill Toles and his family who currently live nearby in Minnetonka, MN. The lot is zoned LR1A and is part of the Lakeside Residential District.The current lot is non-conforming in both lot size and required lake frontage. In its current state,the lakeside lot is vacant and undeveloped. Previously, a small single family residence existed on the property that was in disrepair.This home was demolished. In 2012,a new single family home was approved to be built on the property but was never built. The lot is unique in that the finished grade for the parcel is very low and close to the lake—with an average grade of 931',compared with the Ordinary High Water Mark of 929.4'and a 100 Year Flood Elevation of 931.5. The high flood elevation precludes any home having a basement,given the requirement that any finished floor structure be a minimum of 2'above the 100 Year Flood Elevation. Due to the existence of the lagoon and wetland areas directly to the west and north of the property,the lot is susceptible to seasonal flooding from Lake Minnetonka both at the lakeshore and in the northwest corner.These areas are designated as Special Flood Hazard Areas according to FEMA's Flood Insurance Map updated in November of 2016. Because these existing flood plain volumes for the lake must be maintained within the property,the new residence must be properly elevated above the 100-year floodplain. During the design process we determined that the new home location should take advantage of highest existing buildable area,which is in the southern third of the property closest to the lake,and that the northwest half of the property should be reserved for maintaining and mitigating the required floodplain surface volumes for the lot. This determination has necessitated our variance request for exceeding the existing 75'and average lake shore set back limits for the property. During the design process,we have focused extensive efforts on balancing the competing desires of minimizing the mass of the home,the foot print of the structure,and the hardcover on the lot. The program that is typically in the basement of a home of this type has had to be accommodated into the first and second floors of the home. The client also requires that the new home be designed to meet ADA standards due to current health issues. The project scope includes a new two-story home and a detached accessory garage structure,along with a new driveway,autocourt,and lakeside terrace.The proposed landscape improvements include over 100 new trees, 3,690 square feet of new garden,and 34,000 square feet of newly restored meadow that will include native grasses and wildflowers and help to filter, mitigate and manage the stormwater on the property. Most the new proposed trees will be planted as along the north,west,and east property lines. If approved,the proposed home and landscape will complement and add to the character of the City of Orono's lakeside residential district. The property owner,architectural team,and contractors are committed to highest quality design and construction standards.The requested variances are not opposing to the spirit and intent of the Zoning Code. If granted,the variances will allow for the construction of a new home that is in keeping with the spirit of the code. Although this property is non-conforming and challenging,the client and design team are dedicated to designing and constructing a home that upholds the standards of the zoning code and the character of the locality. ANSWERS TO THE PRACTICAL DIFFICULTIES FORM (VARIANCE FROM AVERAGE LAKESHORE SETBACK AND 75-FOOT SETBACK): 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. The small lot size,the setback requirements from the lake,and the fact that portions of the property designated as Special Flood Hazard Area limit the allowable buildable area for this parcel.The restricted buildable area on this property creates a practical difficulty of a new residence that is consistent with other new building improvements on lakeside properties in the area. The property owner proposes to construct a residence with portions of the home ahead of the average lakeshore setback.The residence is proposed to be located 58.4 feet from the ordinary high water level(OHWL)of Lake Minnetonka,whereas a 75-foot setback is normally required by the Zoning Chapter. It is reasonable to request a variance for construction of this residence because: • The Zoning Chapter defines the minimum LR-1A lot size as at least 2 acres(87,120 sf)in size and a minimum width of 200 feet.This property is only 55,423 square feet,which is roughly 36% less land than the LR-1A zoning requires.The lot is only 176 feet in width at the average lakeshore setback line.The small size of this particular lot creates notable challenges in meeting all the required setbacks, but especially the 75-foot lakeshore setback. • The buildable area of the lot with the highest existing elevations is located in the southern most third of the property,which is the lakeshore portion of the property. It is best to work with of the existing grades of the property rather than drastically alter the whole site to meet the lakeshore setback requirements. • Because a majority of the existing property currently lies below the 100-year flood elevation(931.50)and has been designated as Special Flood Hazard Area,the amount of existing buildable area on the property is fairly limited.A portion of the proposed new home is situated in the existing lakeside setback to allow for maintaining the currently existing floodable area zones on the northern half of property. Positioning the house in this location allows us to utilize existing soils on the property that are above the 100-year flood plain elevation and best suited for supporting the construction of a new structure. • A previously approved residence for this property(Fox Residence,2012)sought a variance to be located 40.9 feet from the OHWL of Lake Minnetonka.This proposed house location was to be 17.5 feet closer to the OHWL than the current proposed residence of this application. • The location of the proposed residence is set farther back than many of the neighboring existing residences in the area(see the attached supplemental diagram showing the proposed house position relative to existing adjacent homes in the area). 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. In its existing state,a significant portion of this property is unbuildable because of the low elevation relative to the OHWL of Lake Minnetonka. In fact, both the lakeshore area and the northwest corner of this property are located within FEMA's designated Special Flood Hazard Area. In order to replicate the existing floodplain capacity, much of the area of the lot must be dedicated to floodplain mitigation and stormwater management.The necessary strategies for stormwater management and floodplain mitigation both restrict the size of the buildable area and dictate the location of proposed construction for the new home. As previously discussed above,this lot is smaller than the prescribed dimensions for a residential lot in this district.According to the Resolution Granting Variances to Municipal Zoning Code File No. 12-3555 that was previously issued for this property by the City of Orono in 2012, "this lot is a legal lot of record created prior to the adoption of the current Zoning Ordinance lot area and width requirement."The restrictions of the allowable hardcover area combined with the setback requirements and the reduced gross lot area create a practical difficulty for the construction of a new home that is comparable to the other residences in the locality. 3.The variance, if granted,will not alter the essential character of the locality. The proposed new home will have less overall square footage than the previously approved residence in 2012.The proposed new residence will also be sited farther away from the lakeshore than the previously approved residence.The location of the new proposed home will be an improvement over both the previously approved location and the previously original existing residence that was demolished.Compared to both,the proposed new location will impede less into the 75-foot setback and better meet the setback requirements established for this parcel(see attached diagrams).The approved residence from 2012 had proposed an encroachment of 1,885 square feet into the 75-foot setback,whereas the new proposed residence is planned to only have a 585 square foot encroachment within the 75-foot lakeshore setback. Moreover,compared to both previous schemes,this location allows for the improved lake views from the neighboring properties.The previously approved residence location located 2,421 square feet beyond the average lakeshore setback.The new proposed residence will only include 719 square feet beyond the average lakeshore setback, 1,702 less square feet than what had been previously approved. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. N/A 5. Practical difficulties include,but are not limited to,inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered 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 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. Due to the existence of the lagoon and wetland areas directly to the west and north of the property,the lot is susceptible to seasonal flooding both at the lakeshore and in the northwest corner.These areas are designated as Special Flood Hazard Areas according to FEMA's Flood Insurance Map updated in November of 2016. Because the residence must be properly elevated above the floodplain, the proposed home location should take advantage of highest existing buildable area,which is in the southern third of the property closest to the lake.The northwest corner is largely reserved for floodplain surface volume. 9.The conditions do not apply generally to other land or structures in the district in which said land is located. While many of the properties in the district must contend with lakefront flooding,few have floodable area in both the lakeside and street side regions of the property. 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance request is necessary to preserve the substantial property right of the applicant because: • The combination of the small lot size and the necessary floodplain mitigation creates an unusually small area of buildable land on this property. 11.The granting of the proposed variance will not in any way impair health, safety, comfort, morals,or in any other respect be contrary to the intent of the Zoning Code. The proposed variances requested for the parcel will have no effect on health, safety, comfort, or morals, and it will not be contrary to the intent of the Zoning Code in any other respect than the variances requested.The proposed new residence is maintaining, replacing, and enhancing what is currently there and will be keeping the property in good standards will the health,safety, and welfare of the surrounding community. 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): O LEGAL DESCRIPTION: ` All that part of Lot 9.North Shore Cottage Acres Lake FERNDALE ROAD RESIDENCE • \ N Minnetonka,lying Southeasterly of the Southeasterly lines of N Registered Land Survey No.441 and Registered Land Survey No.902,and lying Northwesterly of the Northwesterly line of Registered Land Survey No.1372. ORONO, MINNESOTA NORTH �' \ X' . \ Subject to perpetual easements for sanitary sewer purposes in favor of the City of Orono over that part of the above land / \ as specifically described in Hennepin County Recorder 0 20 40 N,/ \ ' 9• Document No.4608875 and in Hennepin County Recorder '//0 , /\ % \ Document No.4608876. 4\ \ Per Certificate of Title Number 1120830 N r oP \.�ter ,.j \ C \ r sq-- s �s(<:.1)4,, F \ ,AREA: •CONTACT: :i /-' �Q �/� N PARCEL AREA(TO OHW)55,423 SQ.FT.=1.27 ACRES TRAVIS VAN LIERE #' 3 J� F\ Q \ TVLS LANDSCAPE ARCHITECTURE �� �� '9 'N N 211 1ST STREET NORTH#350 o;„1, p�"`//I / \�,.; F N MINNEAPOLIS,MN 55406 R 94 e, , // y�e \a \ ,TITLE NOTES: EMAPHONE: t avis@tv0ttudio.corn z`3 . b// 3� \' ,\/�y.tt, N 1.Variances per conditional use permit per Doc.No.74992780. gA3, :,„ a`na°�' 3�� '� \ OCOUNTY/CITY: �,,Llo BENCHMARKS „s�P' P J H E N N E P N �� o / �9n ELEVATIONS BASED ON INFORMATION AS SHOWN ON THE MNDOT QC' 1 \ 3,j y / / �' Pyp.4 /�� vl1` GEODETIC WEBSITE.SURVEY DISK DARUS WITH AN C O U fV TV ,/ / \ ELEVATION OF 941.44 WAS USED TO ESTABLISH VERTICAL N ,�, \l r /�/�� /` yc'��/' / \� q. \ CONTROL FOR THIS SURVEY(NAVD 88) C II TY O F Y 4. • • O RO N O \ a5}:F / ...'•,'''';b, \q,�` • OZONING: PQM 1• ,f 9�h1 /y ' �`, _ j- • ZONING=LR-IA LAKESHORE RESIDENTIAL ZONING DISTRICT IRON PPE a�rAt:s:i'z/ / sp ' Ss�'` ,g' ' \ / $mom <” mom' to',1 OSURVEY NOTES: •REVISIONS: // \ '"^ I. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE DATE REVISION •' /�� 0 ='� 4�0 ! HENNEPIN COUNTY SURVEYORS OFFICE. / yy .n av 10-19-IS INITIAL ISSUE ,°T'. \ -i�, ``\ %'r'`' 2.UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND 10-27-15 AREA/SETBACKS ,p. ,WEL: ` P�� \ / N /�/ PREVIOUS SURVEY PROVIDED BY THE OWNER.THERE MAY SOME (f' 4''4. O� u02-22-17 UPDATE 4 VAR.SUBM P' EL �/� y o� UNDERGROUND UTILITIES,GAS,ELECTRIC,ETC.NOT SHOWN OR 04' .A� /- / \ Si' mg LOCATED. 0`� 4�?"' 6S // Pw¢P / J / rj� _ 3.THIS SURVEY IS HAS RELIED UPON A SURVEY BY GRONBERC 8, n y / / GQ' ,.„M1l ; ASSOCIATES.INC DATED 10/31/12 FOR PRE-DEMOLISION �+ 19 °A I / d' 1�5� / ' INFORMATION AND PREVIOUS INTERPRETATION OF PROPERTY ` I' R'4� / / / "1 2' n P`' `- �v./ h0�:i BOUNDARIES. ,2yo •F, / 0 / s A,,IS' ` / �`C' �w ,.0 b / / y 50 / c /r o p2 / / O UNDERGROUND UTILITIES NOTES: CERTIFICATION: //''/�' / v 9' /� Sh /ds FIELD THE UNDERGROUND DERGRINFORMATION AND EXISTINGV E BEEN LOCATED T DEFROM OI hereby / / SURVEY me, certify Mathis plan was prepared thby /l / runeerd d� supervision,and that am • .y ,Sp / /f. SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND a duly Licensed Land Surveyor under the laws of �p�M' J UTILITIES SHOWN COMPROMISE O ALL SUCH UTILITIES IN THE AREA, me stare of Minnesota fff �V” ryl EITHER IN SERVICE OR ABANDONED.THE SURVEY00.FURTHER ` /'' ATED ALTHOUGH HE DOES ' // / y��Phl y, ..---- / DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN i E IDKACT ON / / ',9'�" P CERTIFARE INY THAT THEY AR LOCATED ICAS ACCURATELY AS POSSIBLE Daniell rhurmes Registration umber:25718 FOUND r • sg0,S ' .'� FROM THE INFORMATION AVAILABLE.THIS SURVEY HAS NOT oare:10-19-15___ PHYSICALLY LOCATED THE UNDERGROUND UTILITIES.GOPHER ROIJ PPE 7P STATE ONE CALL LOCATE TICKET NUMBERS)152741934 SOME / MAPS WERE RECEIVED,WHILE OTHER UTILITIES DID NOT RESPOND ' TO THE LOCATE REQUEST.ADDITIONAL UTILITIES OF WHICH WE / / _FOIRD 3/4• ARE UNAWARE MAY EXIST. \' — ejj RON PPE FOUND I/2' S��';_ /00 75'd1W SETBACK IRON PIPE-', •1'.• sylk GALL BEFORE YOU NCI / PROP.LANE) . \\ / ti t�6 Gopher State One Call t, vmcmARu:6sl-a<-oaoz PROJECT LOCATION: ,\S. y rota FREE. 1-800-262-1166 1 CO �� s N���gyo�� "' SCR FERNDALE ROAD W. �F ` PID#0211723430023 ,,Q 'N{�'$ LEGEND: :'• WELL. (ti O '-'4,5'.1 't:,} 0 ‘:-',.•`2s F 5 EXIS iFyO�4. .60--75:-4 v ? :1"�OKWT O oy�� 2%6 36'.7 ❑ COs<� - 1me-RS • �;•. '?Po a. `t�`i;.d. .... .S4 % ® • u,E lg MR f[ADP-HONER O Suite UI '-Aw�9zA4 F E ` rORVLR 6750 Stillwater Blvd.N. ` ,U ,' ',v.v. Stillwater,MN 55082 .i.`�a + Phone 651.275.8969 LAKE _- © „,,,„,,u,„, a ,,,� ,«OLt Fax 651.275.8976 �'1 ® , clang M ''v Fobnn s• PKE Ooo° EL, cssurvey 0,9o#,,,,, ANN fT0 x, Rad PIN A IPE ® I!111,10.PflaSTAL r p rwv.....,,rlonl .net Y HrOH W N/f, 'V 4 a qR 929a $o'A \-!..,.-,-.:::. Dor®` ous rnrr O ❑ C .` nrr�uvs tui CORNERSTONE a ” LA ND SURVEYING, INC.Z , ,� „, a, 04 - , FILE NAME SURVSTR36816£-L I,# IN PROJECT NO. STRI 5036 I"B "",,cy BOUNDARY/TOPOGRAPHIC 3d SURVEY PC Exhibit D *EXISTING HARD COVER AREA KEY: "l \\ v \ PROPOSED ELEVATIONS: LEGAL DESCRIPTION: #17-3918 „,,,b \ \\ *GARAGE FLOOR =935.0 *All that part of Lot 9,North Shore Cottage Acres Lake FERNDALE ROAD RE�iutN�t © �f ' '\ 9,,6 . x9uo \ MAIN FLOOR =935.0 Minnetonka.lying Southeasterly of the Southeasterly lines of �' DETACHED GARAGE =934.0 Registered Land Survey No.441 and Registered Land Survey 'i \ No.902,and lying Northwesterly of the Northwesterly line of NORTH ~'r \ x9„1 9 '""-s \ ELEVATIONS BY OTHERS(SEE ARCHITECTURE AND Registered Land Survey No.1372. ORONO, MINNESOTA ..• 1 \ LANDSCAPE ARCHITECTURE PLANS FOR DETAILS. E \ Subject to perpetual easements for sanitary sewer purposes 0 50 , '._ \ xmu \ g \ "PROPOSED BUILDING PLAN AND INFORMATION PER in favor of the City of Orono over that part of the above land 7111171 \\ /%%/ 0<j.:`r' \ \ \ Pam, x ,,,nsr ARCHITECTS APRIL 5,2017. as specifically described4608875 in Hennepin County Recorder \ Document No.4608875 and in Hennepin County Recorder / i‘'/3‘) (4v \ • q \ Document No.4608876. .' \ / \ \r ""GRADING AND SITE PLAN INFORMATION PER TRAVIS / VAN LIERE STUDIOS APRIL 5,2017. +yt \ \ Per Certificate of Title Number 1120830 '� y SAN vu """ENGINEERING PLAN INFORMATION PER PIERCE PINI • //T / �' v `" it"G.. Rn=433.4 \ APRIL 6,2017.(SEE ENGINEERING PLAN FOR CULVERT // WALLC` b x �. \ AND DRAINAGE DETAILS) /O / - x is \fit \ F� \ as CONTRACTOR TO VERIFY ALL DIMENSIONS AREA: CONTACT: / / / "t o / ,�i6 xate -k,' \ , •O cm, " \ BELEVATIOCONSTRUCTION.CONSTRUCTION DOCUMENTS * *TRAVIS VAN LIERE / / / / /_,pJ s'. • 93? \•?? '9/� x� Cy 9� PARCEL AREA(TO OWNS 55,423 SQ.FT.=1.27 ACRES TVLS LANDSCAPE / / / / cma s/ / 1, k ''! \ ARCHITECTURE s / ' 9 P \ 21 1 1ST STREET NORTH#350 /„c1 ... ./.:... / 6 ' MINNEAPOLIS,MN 55406 s ; ,s k� (x \ TITLE NOTES: / iv/ `,\gypu, x9,6 \ * PHONE: 612.760.094 ��'//////���3SS/ / EMAIL:travis@tvlstudio.com / y/---7-,..„4,moo. 6�/ �@,, ss IX -,R?g� <O'Q N. \ 1.Variances per conditional use permit per Doc.No.74992780. \i t'BER 1 '^ 3 - • v, ````'�, tf �cT,aO WALL ^ /✓/, ' •`X-< 41 0, 4, \ ';D; x9111 s //r#..' \,`k �.� o.�4h,y,, "oi �(`� xw.7 \\ COUNTY/CITY: "f6X" �'Q BENCHMARKS WALL `,E; \ s/ W/ x 933 -S \ * *H EIV IV EPI IV x`U1 �\\ .'S' /{ ." / / \ x 9' tl alsAv_ r• N. ELEVATIONS BASED ON INFORMATION AS SHOWN ON THE MNDOT C O lJ IV T V r` ,/ �09' / / +' , ss111, mxx(_ ',Li • " :2¢q• '' 2\ GEODETIC WEBSITE.SURVEY DISK DARDS MN053 WITH AN \ �/� ///,. • q / / ''4 ; I iro ,�, gi,"'IG / \ ELEVATION OF 941.44 WAS USED TO ESTABLISH VERTICAL CUE,....„„p„,0,,,,, \ x9ar �y. y'�2 ','// / / Q- t II,/ �J 9kt.. •''' CONTROL E-- CONTROL FOR THIS SURVEY(NAVD 88) C T Y O F w .• \ \ a ;//:(6,,,,,,,,o-- ,RF o_ i ix91A 9 `, �x91,.o x916.. ._�• O•' , IV O \ \ /, "6'aP \ `4�+s •o` 'i �€ ZONING: 10 vo.9x -�/ \ rat RONpouPIPES ',f•//j/`/_ 30// \.'11 , � � `` ,9k•s 'ts 99\ �°' x�n *ZONING=LR-IA LAKESHORE RESIDENTIAL ZONING DISTRICT ' ,• IAB di !_'_ T:.---_-:--..--.2,.:7,::`,, C- li•., r BEE awe , • x"sas _1\___ �• • r,', EAC �_ 9♦ ,�• 9,,aa Y', T .�� ��o' E�(Ygr I '' SURVEY NOTES: *REVISIONS: 36 - /`y *- Ti'----•.` •••• e''o♦"i,1''r i�- b r . 4,,1/@.93 934'7 ` ',' ' )<, '"stye/ \ iI ' /., \ �*•' I. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE DATE REVISION ry} ' , J +±•••4,`.�� .�i ,, ' ' \ /' _ ••� ..--' — ' )/(- J f' \ ,I '� HENNEPIN COUNTY SURVEYORS OFFICE. 10-19-IS INITIAL ISSUE WELL ' '`/ �� ' • _ ,+ •`•`,` �� ` /T`- \ 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND 10-27-I S AREA/SETBACKS 1: i'wt" ,,„,/./9� ,/ � 699 - _ ' ' _ ' :''''4. \ PREVIOUS SURVEY PROVIDED BY THE OWNER.THERE MAY SOME 02-22-17 PROPOSED FOR VAR. 9' OQ5'' ,• / ,' ',1 - "� ,• --__-.,"'' `y �` �.�,a '-• UNDERGROUND UTILITIES,GAS,ELECTRIC,ETC.NOT SHOWN OR 04-06-17 REV.HOUSE/LA t, ' /A' I/ - voez �•s>;• _-___ �_u9uu4 ' /,".41,\•,, ...-.:'S P/- / LOCATED. 4' i/. '�r / ,`^=. _____ ''',' ` • /'.h/, B• ,, --- r, 3.THIS SURVEY IS HAS RELIED UPON A SURVEY BY GRONBERG& W}y 9 //' ' ' Id' m e'----'�1� '''i''�*33''' / s,� ' aw.ox / ASSOCIATES,INC DATED 10/31/12 FOR PRE-DEMOLISION ` J / , , ��fff,,t, ,,aa wr 'S5,, QS l�.,' 9,� INFORMATION AND PREVIOUS INTERPRETATION OF PROPERTY '�'� ''�fi' / i].a •4 ml /P`a c4,1` =t. ,%' i ', / BOUNDARIES. • • 9R4 \/./ I /� 0r \\_^ ! y��, F /'/' •'' ,='i �1 o CERTIFICATION: �° / UNDERGROUND UTILITIES NOTES: 932 /Mi/�);,,,/',S, B� � 936 p0 �'/r,�//'/'' ' , , / '" W *THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM *I hereby certify that this plan was prepared by '',-i 4g , FIELD SURVEY INFORMATION AND EXISTING DRAWINGS.THE me,or under my direct supervision.and that I am / ' �.n 437 SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND a duN Licensed land Surveyor under the laws of • x'S ' " /' r�A x092 /', ,; , / the state of Minnesota c < </ a-121' 1 •y./' p'*�a• UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, < // b ,R;67-0.,- ;Po A�t 2�N /r / s EITHER IN SERVICE OR ABANDONED.THE SURVEYOR FURTHER n x '/'/ < .0� -A; 'w c'__ 9357 i,� 3< /)x9}1 - , '/ - DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN If x"su ' �,/'/p, _ 'w36 ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES F0.1M i' °'OA R/�,y/oi,' , 4' ,CN �.,'•t0Y55 ,' CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE Dani L T umber:25718 IRON PPE--' ,,s • a 2.1<, . ' 930 FROM THE INFORMATION AVAILABLE.THIS SURVEY HAS NOT Date,10 19-I5_ \ `dlk: / > />HARD SURFACE KEY. PHYSICALLY LOCATED THE UNDERGROUND UTILITIES.GOPHER 4{ 4f O /% ' i' 0 FFF X.931' 1 STATE ONE CALL LOCATE TICKET NUMBER(5)152741934 SOME 9290! ,at.�7O /// 'I/' _ 936 x•' •>s !," ` w33/ 3 Rq.j�P /4 MAPS WERE RECEIVED,WHILE OTHER UTILITIES DID NOT RESPOND 93 5 ((�' DENOTED PROPOSED HARD SURFACE '7Wmoi. �J •r l {V 932in`\ TO THE LOCATE REQUEST.ADDITIONAL UTILITIES OF WHICH WE FOLNO I/2' .„/, ' ' 't 75 'f..(,b x pp��,,a� �W - / ,3 • x - ARE UNAWARE MAY EXIST. RON POE", \ , '910.• a aMa _18,,E, x"' ,,. S _ 3 „'7'151 vROP.LFE '4 l'' /i�i i, ,'' 'F a \. \ /” i i1 ` y3 ,X) DENOTES EXISTING HARD SURFACE ' ' P.V. i 1 il / a _ `e••••• •.0 h .. • Gall lEroxF yi2u dL' 9 9 ,�' m ma, ;, °`' �� Gopher State One Call 0 ' r WAN me MFA'651-eye-0003 1 �� 935 /s / "P, .6 • COVERAREAS r1, TOLL ME -600-2s2-1166 PROJECT LOCATION: __� '; * OPOSED HARD _ 1 / *PROPOSED �, x91�.s o xwoa 934 /y'� .1121/ ; ,rte ';9''• AN '.� 75-250'ZONE FROM O.H.W. O 9 5 X X7 �"no i ' i is _ '•r" 933-r__''•' a-,‘"7"P$ , ax A HOUSE 289450.FT. LEGEND: as. '121.4 L. a 1 •" ------- 1 ; .' 4 7 , /'' B DRIVEWAY 2754 SQ.FT. * FERNDALE ROAD W "-� „1 p.•'936,-- ,. C. AUTO COURT 2845 SO.FT. ' t t ,-'OELL'�-xeyi-- 932 ;g'a�';i'?a----•••' __ '� i, \ `. Ex D. ENTRY WALK 70 S0.FT 00 RA,.N,NUMEN1 V' !IRE OUT OW11, PID#0211723430023 ` ` \ Q"4"- 931 ,p -' ,it/. 5'G aw.DF,,, E. MASTER TERRACE 285 SQ.FT. O x"33 ..... ' - r.'- Lop;p� F LAKESIDE TERRACE 3'11 SO..FT © 0 ,��' _ ”: _ .� x9n y� `'. Q,4, xaw.2 =936.2 E. PAVED PADS 54 SQ.FT. 0 eissue `i�� `•`\• 6. 1RATOVE WALLS,......"--".1r' ' 930- •<,•�`'1.93s` .I /„'a H. DET.GAR.DRIVE 467 SQ.FT. 0 ❑ f ” �- - R I. DET.GARAGE 748 SO.FT. Ig ELK11,-MITER �.r0...s:\ �\`���\ ..n 431.` 4 430 A" ••� " J MECH AREA 130 SO.FT. © .,nau1R ` ,1 _ ._ K. AUTOCOURT FOUNTAIN 40 SQ FT. oIF/ L. COURTYARD WALL 62 SO.FT LICK Ma .R , 'd dr4'.4244-=. , o ',\.,,,v,;/// xmao 6 M. AUTOCOURTWALL 106 sat.FT. cm wtrzr ® Q Suite#1 C \� o `- " '",49 xv67 N. FREESTANDING118 SQ.FT. © s ® u. '""' 6750 Stillwater Blvd.N. �� 5' 59 EXISTING HARD COVER AREAS s 0 Y Stilwater,MN 55082 0Phone 651.275.8969 C\�.�LA/� ,) _F OUND�E O TOTAL 10894 SQ.FT. ® * e 0o TRAFFIC sic..<1 Fax 651.275.8976 ' '\�� e x9sa s N A i/2' 75-250'ZONE FROM O.H.W. =40331 SQ.FT.IN ZONE ,va�cn ,,•,r,e,,,,et C oRoi l-•NE , 999.9 %xi.e RON POE n 27.0%HARD SURFACE AREA IN ZONE O u^1,4,u1, t , cowrtRous TRH don@ 0141 MAN �) NARY"SON TONb 't f �0 4'' A PAVED DRIVE 2811 SQ.FT. 005 ®i--5I,"5'''' <ssu net ,, SrW47fR� A �� B GRAVEL DRIVE 1192 SQ.FT. 0 •v ev Liu,"oi, Rrr.oazm,«"ro , 9999 0 a C TIMBER WALL 14 SQ.FT, 0-75'ZONE FROM O.H.W. X 1---.) :rte TOTAL 4017 SQ.FT. / / --, 1.'i \ 9' M+40331 SQ.FT.IN ZONEHOUSE 989 SQ.FT. ,. R,.441-14- / / j/ S , iD,aoo 9�,3 10%HARD SURFACE AREA IN ZONE FF LAKESIDE TERRACE 980 SQ.FT. u. / / J, • -- _ LG MASTER TERRACE 273 SQ.FT. w a c Nr L' /Aly / 0-75'ZONE FROM O.H.W. HH. BRIDGE WALKWAY 144 SQ.FT. .....”)....,,,,,,s V, " TOTAL 2386 SQ.FT. =15092 5 .FT.IN ZONE(TO OHW) ,�/ �/. i9 x9fa9 D TIMBER WALL 625Q.FT. Q ,,,,,,),»). CORNERSTONE C /. NORTH / 15.8%HARD SURFACE AREA IN ZONE —— ;�"RR„„ { E DECK 16 SQ.FT. �� TOTAL 78 SQ.FT. ,Rw, LAND SURVEYING, INC- .. . =15092 SQ.FT.IN ZONE ITC OMW) ¢� ry R 0 20 40 �9x 0.5%HARD SURFACE AREA IN ZONE TOTAL HARD SURFACE BOTH ZONES FILE NAME 2PROPCERT-STR36 TOTAL HARD SURFACE BOTH ZONES PROJECT NO. STRI5036 TOTAL 1 3280 SQ.FT. }� „t,^"o" TOTAL 4095 .FT. +55423 SQ.FT.IN ZONE 24.0%HARD SURFACE AREA NZONOO OHY2) +.o" "R'O1Na" PROPOSED IMPROVEMENTS =5542355423SSQ.FT.IN ZONE(TO OHW) 7.4%HARD SURFACE AREA IN ZONE SURVEY TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE 211 1ST STREET«urad"x stat r 113 T60 OM PIERCE PINI & ASSOCIATES 9298 CENTRAL AVENUE NE. BLAINE.UITE 312 FERNDALE RESIDENCEBNE. MN 554}4 ROAD 763.537.1311 FAX 763.537.1354 CIVIL SITE DESIGN PACKAGE SHEET NUMBER DRAWING TITLE C100 COVER SHEET C200 GENERAL NOTES AND LEGEND C300 SITE DEMOLITION PLAN C400 UTILITY PLAN C500 DOWNSPOUT DRAINAGE PLAN C600 STORMWATER POLLUTION PREVENTION PLAN-GENERAL INFORMATION C601 STORMWATER POLLUTION PREVENTION PLAN-NARRATIVE C602 STORMWATER POLLUTION PREVENTION PLAN-EXISTING CONDITIONS C603 STORMWATER POLLUTION PREVENTION PLAN-PROPOSED CONDITIONS C604 STORMWATER POLLUTION PREVENTION PLAN-DETAILS C700 CIVIL DETAILS I 5 \ e \ e /':' \ \ gym; z % ,� FERNDALE ROAD -, a.`�/` ~ ♦ RESIDENCE '` .;Q /; S I•. \\ WM5 FERNDALE ROAD W ORO«O• 555 oe \ i ✓I"�S tr' k m5w�Owlaws vaq+m.�e a re v0 a'\ _.".•P/�• JJ `\ tea. o««wn a ea«,ow. w5a« 9 v/ J� a...ad+r.wdl.a,n.nd.«Zen.'.5n«n 5. .,5"a<wefts.d T aw We u«a Redo, PDr �� / S. ,X a LLG T e Lae r ae rev.Nal g. f tp. ,,•: � y.:, e.rwsr e a dda« K 5 , d I�..' cE � a.n��.5«ma..d era..only In accordance 4v� 4, �,m / Sty K j } t� // s ! 0 ' O"�' /) :!, 141 2016 Travis Van Uwe snm.uc.ud5n" ,j pef.I tog' t>�Say / ,l� SP[E 5 r A" e/ f.{ �IenM caddy 5�d MN plan wed..«�awe.ae // .. • / • µ eF"m er a».««d«mr area+w.«wm"a nwI // •r ..e • rf,... ,, , .,. - �' $Jdtle SlMdL.rraaderul Eiyieer ordertlebaa i 'GS D W. .,� z ,,,,,,:7•1!:,.. wi aP S S E a o .a5"5., �r4' LAKE MINNETONKA '} \� _ �5.~'S J' R BROWNS BAY �, "'o h ... .• �_. _r "°,E NOT FOR o ' ��,;% _ CONSTRUCTION '4‘..\ r ,. .:., ... ,' izn5xsi5 J .\ LOCATION MAP /IV\ ®SITE PLAN MI o .o w uo' 1..40' COVER SHEET ILL II IIIIA J Oren BY F.W.S. EIttt c100 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE 2111SISTREET MORN 111111•0009.IS 0S1 1 612 7900094 GENERAL NOTES EROSION CONTROL NOTES LEGEND PIERCE PINI & I. ALL EXISTING INFORMATION TAKEN FROM SURVEY BY 26.ALL STUMPS FROM TREES REMOVED WITLIN PROJECT { INSTALL PERIMETER EROSION CONTROL AT THE LOCATIONS CORNERSTONE LAND SURVEYING,INC.PROJECT 790. LIMITS SHAW.BE GROUND AND REMOVED 1Y THEIR 5OR15036,DATED OCTOBER 19.2015. ENTIRETY. SHOWN ON THE PLANS PHAY TO BEGINNING CONSTRUCTION. AY ----PROPERTY LINE ASSOCIATES BALES ARE NOT AN ACCEPTABLE PERIMETER CONTROL) 2. A GEOTECHNICAL EXPLORATION AND ENGINEERING 27.ALL PAVEMENT MARKINGS WITHIN EXITING PAVEMENT - - EASEMENT REVIEW WAS COMPLETED FOR THIS SATE BY NORTHERN AREAS TO BE RESTORED TO MATCH EXISTING UNLESS 2. BEFORE BEGINNING CONSTRUCTION,INSTALL A TEMPORARY ROCK • EXISTING CAST IRON MONUMENT 9298 CENTRAL AVENUE NEP TECHNOLOGIES.INC.PROJECT NO.1661301.100 DATED NOTED OTHERWISE. CONSTRUCTION ENTRANCE AT EACH POINT WHERE VEHICLES EXIT SUITE 312 FEB.23,2017. AMETER 28.DRAWINGS DO NOT INDICATE AREAS OF TEMPORARY ROCK INTE N ATIAYER AAT LEAST IA INCHES THICK AN SITE.USE 2 INCH OR CROSSTER ITTHE ENTRE EXISTING CABLE TV PEDESTAL BLAINE, MN 55434 3. CONTRACTOR TO FIELD VERIFY ALL EXISTING CONDITIONS SUPPORT SYSTEMS.THE CONTRACTOR IS RESPONSIBLE WIDTH OF THE ENTRANCE.EXTEND THE ROCK ENTRANCE AT © EXISTING ELECTRIC MANHOLE TEL 763.537.1311 INCLUDING IDCATONS OF EXISTING UTILITIES,AND FOR ALL MEANS AND METHODS AND WILL HAVE TOTAL LEAST 50 FEE!INTO THE CONSTRUCTION ZONE.USE A FAX 763.537.1354 NOTIFY ENGINEER OF AT DISCREPANCIES PRIOR TO CONTROL OVER THE TYPES AND DESIGN OF ALL SHORING. GEOTE%TILE FABRIC BENEATH THE AGGREGATE IN ORDER TO EM EXISTING ELECTRIC METER STARTING CONSTRUCTION. SHEETING.BRACING,ANCHORAGES,EXCAVATION SUPPORT PREVENT MIGRATION OF SOIL INTO THE ROCK FROM BELOW.SEE WALLS.DIRECTIONAL BORING.AUGER JACKING.SOIL EROSION CONTROL DETAILS. EP EXISTING ELECTRIC PEDESTAL 9. ALL AREAS DISTURBED BY CONSTRUCTION WHICH ARE STABILIZATION AND OTHER METHODS OF PROTECTING OUTSIDE THE LIMITS OF PAVING ARE TO BE RESTORED EXISTING IMPROVEMENTS.SEE SPECIFICATIONS FOR 3. REMOVE ALL SOILS AND SEDIMENTS TRACKED OR OTHERWISE ET EXISTING ELECTRIC TRANSFORMER AND REVEGITATED. SUBMITTAL REQUIREMENTS. DEPOSITED ONTO PUBLIC AND PRIVATE PAVEMENT AREAS. REMOVAL SHALL BE ON A DAILY BASIS WHEN TRACKING OCCURS. 0 EXISTING LIGHT POLE S ALL UTILITY DEMOLITION.AND/OR ABANDONMENT TO BE 29_STORAGE AND PROTECTION OF EXISTING SITE FEATURES SWREPN MAY BE ORDERED BY AT ANY TIME IF CONDITIONS PERFORMED IN ACCORDANCE WTI CITY OF ORONO AND WHICH NEED TO BE REMOVED AND REPLACED FOR WARRANT.SWEEPING SHALL BE MAINTAINED THROUGH°R THE C- EXISTING GUY WIRE STATE OF MINNESOTA REGULATIONS AND STANDARDS. THECO CONSTRUCTION OF PROJECT ARE THE RESPONSIBILITY OF DURATION OF THE BLOWN AND DONE INA MANNER TO 6. EXISTING UTILITIES ARE SHOWN JN THEIR APPROXIMATE THE CONTRACTOR.STORAGE SHALL BE WITHIN THE LIMITS PREVENT DUST BEING BLOW N TO ADJACENT PROPERTIES. -0- EXISTING POWER POLE LOCATIONS.CONTRACTOR TO FIELD VERIFY THE LOCATOR OF THEFTSTAGING THESE E.CONTRACTOR AND SHALL PREVENT DAMAGE 4 INSTALL INLET PROTECTION AT ALL PUBLIC AND PRIVATE CATCH © EXISTING GAS MANHOLE OR THEFT OF THESE ITEMS AND TO REPRICE AT OWN OF ALL EXISTING ELECTRIC. WHICH MAY INCLUDE BUT EXPENSE. ROSIN INLETS,WHICH RECEIVE RUNOFFREQUIRED FROM THE TST:1.E NOT PATERLIMITEDCAB ELECTRIC.TELEPHONE,GAS,CABLE E AREAS.CATCH RECEIVE INSERTS ARE REQUIRED IN AREAS NOTE) © EXISTING GAS METER COMPUTER CABLE,FIBER OPTIC CABLE.SANITARY SEWER CONTRACTOR TO RECORD EXISTING CONDDTON.AS .AREAS THAT R FILTER RUNOFF FROM DISTURBED TEEAS.NOTE: STORM SEWER,STEAM,CONDENSATE,TOR ELECTRICAL DUCT NEEDED( ETC.TOO ES.VIDEO PHOTOGRAPHY,FIELD EFF'CTIVE OR ALTER FABRICBL WRAPPING THE GRATES ARE NOT O EXISTING TELEPHONE MANHOLE BANK AND WATER REF.CONTRACTOR TO CONTACT' SURVEYING,HETCH TO ENABLE AS REQ IRE CO TO EFFECTIVE OR AN ACCEPTABLE FORM OF INLET PROTECTION. GOPHER ONE-CALL BEFORE EXCAVATING. MATCH EXISTING CO TING CON AS REQUIRED.CONTRACTOR ® EXISTING TELEPHONE PEDESTAL TO DOCUMENT EXISTING CONDITIONS SO THAT5 O LOCATE SOIL OR DIT STOCKPILES AGES NO LEES THAN ZFEET FROM ] LL AEXISTING UTILITIES AND OTHER IMPROVEMENTS ARE RECONSTRUCTED AREAS WILL HAVE POSITIVE DRAINAGE ANY PUBLIC OR PRIVATE ROADWAY OR DRAINAGE CHANNEL EXISTING SANITARY CIEANOVI TO REMAIN UNLESS NOTED OTHERWISE. SINIIAR TO EXISTING. REMAINING FOR MORE THAN SEVEN DAYS,STABILIZE THE O STOCKPILES BY MULCHING,VEGETATIVE COVER,TARPS,OR EXISTING SANITARY MANHOLE: H. CONTRACTOR TO PROTECT FROM DAMAGE ALL EXISTING 31.WHERE DEMOLITION,EXCAVATION.UNDERPINNING.PILE OTHER MEAN'S.CONTROL EROSION FOM ALL STOCKP IES EN IMPROVEMENTS,LANDSCAPING.STRUCTURES AND DRIVING,COMPACTING OR SIMILAR WORK IS TO BE PLACING SILT BARRIERS AROUND THE ALES.TEMPORARY ® EXISTING CATCH BASIN UTILITIES THAT ARE TO REMAIN.CONTRACTTO REPAIR PERFORMED ADJACENT TO OR IN THE IMMEDIATE VICINITY STOCKPILES LOCATED ON PAVED SURFACES MHE UST BE NO SS OR ANY DAMAGE AT OWN EXPENSE. THAN TWO FEET FROM THE DRAINAGE GUTTER LINE AND SHALL • • EXISTING SNRM DRAIN OF EXISTING DSURVEYS THE CONTRACTOR WILL DRAINAGE/ GUTTER • CONTRACTOR EXISTING STORM THED SANITARY RY STONER CONPROTRA BUILDING RISRESPONSIBLE FOSEISMIC ORINGNRING. BE COVERED IF LEFT MORE THAN 29 HOURS. ® EXISTING TARED END SECTION ELEVATION OF EXISTING 5ORM AND ONNRAKY SEWER CONTRACTOR IS RESPONSIBLE FOR MONITINFORMED N NO OF 6. MAINTAIN ALL TEMPORARY EROSION AND SEDIMENT CONTROL PRIOR TO THE START OF CONSTRUCTION. BUILDING AND KEEPING OWNER INFORMED OF 0 EXISTING STONY MANHOLE OPERATIONS THAT MAY IMPACT STRUCTURES. DEVICES IN PLACE UNTIL THE CONTRIBUTING DRAINAGE AREA i��I 10.PROVIDE THE OLIAWIYG MINIMUM COVER OVER THE TOP HAS BEEN TABIIJZED.INSPECT TEMPoRART EROSION AND OF PIPE AS FOLLOWS: 32.CARE MUST BE TAKEN DURING CONSTSUCTON AND SEDIMENT!T CONTROL DEVICES 00 A DAILY BASIS AND REPLACE EXISTING WATERnT EXCAVATION TO PROTECT ANY SURVEY MONUMENTS DETERIORATED.DAMAGED.OR ROTTED EROSION CONTROL 0 EXISTING WELL A A'OVER WATER MAIN AND/OR PROPERTY IRONS DEVICES IMMEDIATELY. , B. 5'OVER SANITARY SEWER ]. TEMPORARILY OR PERMANENTLY STABILIZE ALL CONSTRUCTION O EXISTING WATER WELL 33.AS A CONDITION OF THE APPROVED SITE PLAN,THE C. 2'OVER STORM SEWER APPLICANT MUST PROVIDE AS-BUILT DRAWINGS(PAP.OR AREAS WHICH HAVE BEEN FINISH GRADED,AND ALL AREAS IN O EXISTING WATER METER PIOF ALL GRADING AND STORMWATER FEATURES.THE WHICH GRADING OR SITE BUILDING CONSTRUCTION OPERATIONS II.ALL WORK TO CONFORM WITH CIT OF ORONO AND STATE CONSTRUCTION TO SUCH DRAWINGS SHALL SHOW.BUT ARE NOT ACTIVELY UNDERWAY AGAINST EROSION DUE TO RAIN, • EXISTING POST INDICATOR VALVE OF MINNESOTA STANDARDS AND REGULATIONS. ARE NOT LIMITEDD TO,SUCH INFORMATION AS THE EXACT WIND AND RUNNING WATER WITHIN 7-14 DAYS.USE SEEDING AND SIZE,LENGTH,TYPE AND LOCATION OF PIPES;LOCATION MULCHING.EROSION CONTROL MATTING.AND/OR SODDING AND Da EXISTING WATER VALVE 12.ALL EXCAVATIONS MIST COMPLY WITH TIDE AND SIZE OF MANHOLES AND CATCH BASINS.DEPTH AND STAKING IN GREEN SPACE AREAS.APPLICATION OF GRAVEL BASE REQUIREMENTS OF OSHA 19 CFR,PART 1926 SUBPART P SLOPES OF RETENTION BASINS.THE CONSTRUCTION ON AREAS TO BE PAVED IS RECOMMENDED FOR MINIMIZING 0 EXISTING UNKNOWN MANHOLE -EXCAVATIONS AND TRENCHES'.THIS DOCUMENT STATES AS-BUILT DRAWINGS SHALL SHOW ALL WORE AN ACTUALLY EROSION POTENTIAL. THAT EXCAVATION SAFETY IS THE SOLE RESPJNSIBILITT INSTALLED AND AS FIELD VERIFIED BY GENERAL • EXISTING OIL BORING OF THE CONTRACTOR. COMPACTOR.A SIGNED LETTER ON COMPANY e. REMOVE ALL TEMPORARY SYNTHETIC.STRUCTURAL. LETTERHEAD ATTESTING TO ACCURACY OF THE AS-GUILTS NON-HIOOETIER TH SITE HAS AND SEDIMENT CONTROL EXISTING CONIFENOL'S TREE 13.CATCH BASINS AND MANHOLES ARE SHOWN ON PIAN DEVICES AFTER THE SITE HAS UNDERGONE FINAL STABILIZATION SHALL BE SUBMITTED TO THE CIVIL ENGINEER WITHIN 30 EXISTING DECIDUOUS TREE LARGER THAN ACRAL CSIZEASTING COORDINATE LOCATION OF AND T PERMANENT EST VEGETATION HAS BEEN ER,MAINTAIN MINIMUM DAYS OF COMPLETING ALL SITE WORK. % MANHOLE COVER AND OF CUR LI THAT IT IT PROPERLY TEMPORARY E EROSION CONTROL L TO%COVUN,MAINTAIN ALL LOCATED AT THE BACK OF CHAR LINE FOR THE 11 TH 3q,THE ACCESSIBLE SHELL PEDESTRIAN A CONTINUOUS. TEMPORARY EO V R SOCHIEL DEVICES UNTIL]0% 950.0 EXISTING SPOT ELEVATION INLETS OR CENTERED IN 2HE AREA AS SHOWN ON THE CCESSIBLE AND SAFE PEDESTRIAN WALKWAY'IHAT ESTABLISHED COVER IS ACHIEVED. PIAN OR THE AREA DRAINS AND MANHOLE COVERS. MEETS ADA ANO MN.MUCO STANDARDS IF WORKING INA EXISTING CONTOURS SIDEWALK AREA.AND TRAFFIC CONTROL PER MN MUTCD H. READY IT. CONCRETE AND CONCRETE BATCH PONTIS A EXISTING UNDERGROUND ELECTRIC 19.CITY OF BARRICADESRE ENEETS AND SIDEWALKS PER REQUIREMENTS FOR WORK IN WE PUBLIC RIGHT-OF-WAY. OHIMSA CESTHE PUBLIC WATERRIGHT-DRAIN CITY OF ORONO REQUIREMENTS. CIRCUMSTANCES MAY THE STORM WATER ER C ONTO THE PUBLIC Y- EXISTING UNDERGROUND CABLE TY - 35.ALL CONSTRUCTION WORK SHALL BE COMPLETED WITHIN RIGHT-OF-WAY OR INTO THE STORM SEWER.CONTRACTOR SHALL W I S.SITE TILT COTRACOR TO FURNISH AND INSTALL ALL CITY OF 05010 APPROVED WORKING HOURS. BE RESPONSIBLE FOR PROVIDING DESIGNATED CONCRETE R EXISTING UNDERGROUND FIBER OPTIC WATERMAIN,SANITARY SEWER AND STORM SEWER WASHOUT WEA THAT COMPLIES WITH MPGA REQUIREMENT. FACILITIES AND APPURTENANCES TO WITHIN AVE FEET 36.A PRECONSTRUCTION MEETING IS REQUIRED WITH IT EXISTING UNDERGROUND TELEPHONE OLTSIDE THE BUILDING.COORDINATE WITH MECHANICAL WATERSHED AND CITY STAFF PRIOR TO AT MOBILIZATION 10.ALL EROSION CONTROL ELEMENTS ARE TEMPORARY. CONTRACTOR OR EXACT LOCATION AND DEPTH OF OF CONSTRUCTION EQUIPMENT OR MATERIAL CONTRACTOR TO INSTALL EROSION CONTROL ELEMENTS PRIOR TO a EXISTING OVERHEAD UTILITY CONNECTION WITHIN BUILDING. STAT OF LAND DISTURBING ACTIVITIES.MAINTAIN IN GOOD 3T.A GOPHER STATE ONE CALL IS REQUIRED BEFORE ANY CONDITION DURING CONSTRUCTION AND REMOVE FROM THE STTE IS EXISTING UNDERGROUND GAS TO CONTRACTOR SHALL COORDINATE WITH ARCHITECTS EXCAVATION WORK CAN COMMENCE. UPON COMPLETION OF ANAL PAVING AND NRF ESTABLISHMENT. DRAWINGS TO VERIFY LOCATION.SIZE AND QUANTA OF > EXISTING SANITARY SEWER ALL ROOF DRAINS AND UTILITY CONNECTIONS LIMITS OF 38.ALL WORK MUST BE IN COMPLIANCE WITH THE MINNEHAHA I I.EROSION CONTROL SHALL BE PLACED ALONG TIRE PERIMETER OF PROPOSED SITE PLUMBING ES SHALL HE FIVE CREEK WATERSHED DISTRICT PERMIT FOR THIS SITE. THE SITE EXCAVATION.EROSION CONTROL SHAW O BE PLACED D EXISTING STORM SEWER FEET FROM EDGE OF BUILDINGLNG UNLESS OTHERWISE IT DOES NOT DISTURB THE EXISTING PAVEMENT OR DRIVE LANES NOTED. 39.THEALCTOR IS RESPONSIBLE FOR OBTAINING ALL THAT ARE TO REMAIN.MAT METHODS OF EROSION CONTROL I EXISTING WATERMAIN PERMITS.ITS.ALL PERMIT'S MOIST BE OBTAINED PRIOR TO WILL WO.AND R IS THE CONTRACTOR'S RPSPTNSIBIIITT TO 17 CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMITS CONSTRUCTION. INSTALL THE MEASURE MOST APPROPRIATE TO THE SBE -s-s- EXISTING FENCE PRIOR TO STARTING CONSTRUCTION. CONDITIONS AND THAT WHICH MEETS THE CITY OF ORONO AND MP;A STANDARDS.GRAPHICALLY SHOWN ON THE PANS FOR - OUSTING CURB IP.ALL WORK TO CONFORM TO CT OF ORONO STANDARDS. COAPT BUT SHALL BE PACED IN THE MOST APPROPRIATE y� /7 ALL COMPLETED WORK IS SUBJECT TO INSFETON BY TIE LOCATIONS NOT TO DAMAGE NG PAVEMENT AND/OR CURBS V///////I EXISTING GRAVEL TO BE REMOVEDCITY UTILITYSEWER UTILITY DEPARTMENT AT A REASONABLE TIME TO REMAIN.DAMAGED PAVEMENT AND/OR CURBS SHALL BE PAID BEFORE BACKE'S... FOR SOLELY BY THE CONTRACTOR.SEE DETAILS AND K•:•::::•:•:: EXISTING BITOMINOUS TO BE REMOVED 19.ALL MATERIALS FOR PROPOSED CONSTRUCTION OR REPAIR SPECIFICATIONS. EXISTING TREE TO BE REMOVED OF EXISTING FACILITIES SHALL BE NEW PRODUCTS DIRECT - O.CONTRACTOR TO PROVIDE TEMPORARY SEED AND MULCH ON FROM THE FACTORY AND FREE PROM DEFECTS. ALL NON-PAVED AREAS WITHIN T DAYS AFTER ROUGH A EXISTING UTILITY TO BE REMOVED 20.WHEN WORKING AROUND EXISTING TEIEPI{O.NE OR GRADING IS COMPLETED.SEED WITH ANNUAL RYE SEED AT oC0 PROPOSED CLEANOUT ELECTRICAL PoIS3.THE CONTRACTOR SHALL BRACE THE 60 LBS PER ACRE AND WOOD MULCH AGER AT 95 ISS PER POLE FOR SUPPORT 1'000 SP. • • PROPOSED SANITARY SEWN 21.WHEN WORKING AROUND EXISTING UTI-TES THAT 13.CONTRACTOR TO PREVENT DIT AND/OR DEBRIS FROM */ PROPOSED WATER SERVICE LINE BECOME EXPOSED,THE CONTRACTOR SHALL PROVIDE ENTERING STORM SEWER OR BONG TRANSPORTED OFF-SDE SUFFICIENT SUPPORT TO PREVENT EXCESSIVE STRESS ON IN AN UNCONTROLLED MANNER.CONTRACTOR TO VERIFY AT . I PROPOSED STORM SEWER THE PIPING.THE CONTRACTOR IS FULLY RESPONSIBLE FOR PROJECT CLOSEOUT THAT STORM SEWER SYSTEM IS CLEAR ANY DAMAGES CAUSED BY FAILURE TO EXACT.IDCATE OF SEDIMENT AND/OR DEBRIS AND IS FULLY FUNCTIONAL. PROPOSED DOWNSPOUT DRAM AND PRESERVE THESE UNDERGROUND FACILITIES. D a1 PROPOSED FLARE END WITH RIP RAP FERNDALE R O A 22.WASTE MATERIALS INCLUDING PAVEMENT REMOVED RESIDENCE DURING CONSTRUCTION.WASTE PIPING AND SUPPLIES. MS PROPOSED ROOF DOWN SPOUT 1005 FERNDALE ROAD H.ORONO,MN TIT CONSTRUCTION DEBRIS AND EXCESS EXCAVATED MATERIAL SHALL BECOME THE PROPERTY OF THE ❑C0 PROPOSED DOWN SPOUT CATCH BASIN CONTRACTOR AND SHALL BE REMOVED FROM THE 'Ow PROJECT SITE AND DISPOSED OF PROPERLY RY THE //, PROPOSED CATCH BASIN SA desIS LF shown and des..Ier•Ft Fr b9 al CONTRACTOR. .Fareol. 23.MAXIMUM CROSSSIAPES FOR SIDEWALKS AND ADA O afi.y drawl,.woo TONu and PROPOSED MANHOLE bropNMry and ulnol b u01ee.duple-sled a conener ACCESS ROUTES SHALL NOT EXCEED 2.00,MAXIMUM ® Hans ardY n perwe.*Wok T a M Pan,we S he PROPOSED WELL eae Pa*N Tres.Val Llai SEIand SLOPES FOR HANDICAP ACCESS AISLES SHALL NOT Iwo... LLC.1Rw are arab b MilKl ward EXCEED S0090 ALONG THE PATH OF TRAVEL. i� ii ow...am. LL EN V.Asn W/ .R uMJYb. 24.CONTRACTOR SHALL NOT BLOCK DRAINAGE FROM OR EROSION FIF ES WIl WM.RV`roieaia aM/R smears �0CONTROL AT CB/MH dn000n•R. DIRECT EXCESS DRAINAGE ONTO ADJACENT PROPERTY. -•T. PROPOSED CONSLRUTON ENTRANCE ��':���,,���. C 2016 Uma Van Uwe.116 LA.NNBnR 25.ADEQUATE DRAINAGE SHALL BE ED AT ALL TIMES •IwF DURINGCONSTRUCTION AND ANY DRAINAGE DITCHOR STRUCTURE DISTURBED OARING CONSTRUCTION SHALL BE AETORED IT.TO THE N SATISFACTION OF THE OWNINGNOF AUTHORITY.WT ALL CONSTRUCTION STORM DISCHARGE SHALL COMPLY WITH THE NATIONAL POLLUTANT DISCHAOE Ilan.IT IOW FesNan.HR NSA DRF spec...or wood was ELIMINATION SYSTEM(NPDER REQUTAEMEn-I'S. sepses.ae REAFmyME 1FFI under he •nI oam faOw S ofAll Pnleeeivul EV.,oder 0R Mxs TRICK S.W. iunee m'. 502M dale) DAWN] bob.) NOT FOR CONSTRUCTION -0.2010 12 02-024017 .062017 0Ra.9: CIVIL NOTES AND LEGEND O.,By; P.W.R. Dae: 041N0011 SaMF C200 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE 3111523YWNEA SYN55.1 1 TOMO. PIERCE PINI & ASSOCIATES 9298 CENTRAL AVENUE NE. SUITE 312 BLAINE. MN 55434 TEL 763.537.1311 FAX 763.537.1354 ..z. e ...,., \\\\ \\\ 04104,:ar.m., \ '" . .-, \ A 5 �/ / L w 4y \ ®l5R “"r...".. ././.. '5,"2/.1,‘„.:',,,,,,::%, 7 .-55. Er... \ tiff y b j� ' / F ��j�%� RROTEGT / ,/� ,\ E%rslN0 SNOTµtT N / 'TO BC REMOVED SEVER ///Ai eek o .P'A'by;, •..\• —¢� GM TO K ;�.,,'• 4 BE REMOVED RE1�ED \ EXISTING TREE TO L` — ail //� REMAIN.PROTECT 6'��' R•RPE I 91. J00! _ ��/ FROMra.c DAMAGE. ' `'0S?• w, (� �. `g. ,,,.../.. OP� ttPIC4 C�1 u+ yg„41rf. V 0' • 11fA .RAO /�,i a- \,, .ups / .!, ��%, CEO,RII we Ar 'SC'' f / tow CATCH&lSN �r��� .Liu P, , / 1al ^'�\ •��s q' I',• ,d y / TO eE REMOVED / b Ir �” q, v �'`S 0'� -.' ,� STING RYDER ,o E RE,IOYED yo, / .( 9 P. 1. l4,sr- ." ` ��� J ,__ + ii / b .4 t=';-:•-'.."j•:•III, DOTING REE TO BE O :I/r • 1•�IP REMOVED. P1f // : , 0 R " Sy,r" :: di ::i:C•:i•i�••:i•:i • \A V O/ C : „.3.2 07 ,... aox vwE s e ECG GRAVEL •1:11::1:••1:::••�, 0 •uo\.• N /tYµ / P P, O S ,he p ' TO ,• ;�i:;:•::'• v RPV FERNDALE ROAD ••„•.. x v aNB J/.' " N RESIDENCEy qp RPE FCUNpI/2. \ � "N°s �M��AIX 1/va} \ Jer. ,095 FERNDALE ROAD W.OROxO.NN lJ!!1 ON raaoP�LIHE)W OF /'�•5 3 STING RETµ1111G zMeA STING VhLL i0 RE asks ./Y.149:::./ �� O 1�Mare and anvwa Iwwi.1.641■ z Nµ1.TO K REMOVED ABANDONED PER ALL rr ' 7. � r+..A.V.0.=aE s a*/ms'ed. `''. xen •Gx; ,NATE IND f ii ,� en mo.,vtl mM be mWE.aWMraeeE or REGuurioNs J ( �.^r^l+,.alb.h*tole a Y�Ba. a ale . �w Illit e1T,:...,„., / �, .. / ` L t,These ere ay..b MIM*a and \ 9xess Ht.parr iFYtn N Tab Van Line SLB. or*. cHeradom. _ ., _�. G� O' govema wm agendas.and.mm oral h.NaN. �« a 4 MP te . x ryA� G e M.20165aa Van Litre SW.Ric.Al xq. �1, 13 •• xanz.��a wYluro BE RE• • 'c�P `` EnsnNO elnLnmc ail �24Y ' s -C„eJe '. n` ..,.., �e - Wt I hereby ceay MO..hy Inao. Nan.draci c�r.Nb,snd ireport r —ors% \ '' J'' au.s�'in Lkensed aI...emR"°"w,°I L�wxer w' \ /= Nue, ti Tameno: EVEUY \ ro512N 1� FOUR°Spix. AB510N cqq,, £eaa aorAi'piPE , �J "CM' NOT FOR CONSTRUCTION uo;e 0.240,1 0,0628,1 SITE DEMOLITION NORTH PLAN 411.NSITE DEMOLITION PLAN Om.00 Rw5 \/ _20 ON 0.6/2011o 20' 40' 60' 11111111111 I 1 ONat C300 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE 2111ST E1AONlT{,YWESµe11 1011 TN OM PIERCE PINI & ASSOCIATES 9298 CENTRAL AVENUE NE. NOTES: SUITE 312 STORMWATER'S PIPES WITH BLAINE. MN 55434 LESS THAN 3'DE COVER TEL 763.537.1311 \ REDuIRE ArsuulaH. FAX 763.537.1354 ,,,,,,:e . \\\ \ ExSTND SANITARY SERVICE ''\% • \ RY • CONNECTOR DSCNERITYN.MD vs., CEAs DEPTH LOCATION ' b. \AND PPE sac B"� \ \ �► i� \6/i" .e]3.. \\ N \ CONTRACTOR ISO SHALL EFELDEHE VERFY THAT 1 . ,'\\, w \ COSTING SANITARY SERVICE UNE - 'r 11 _ MMNTANS A MINIMUM OF 5 FEET OF , 0 COVER AND I%SLOPE.ION R C y V: /' \ ENGINEER OF NVESTIGATgN RESU ,.Y,lw/ 07.! \ �� P THERE 5 LESS COVER INSTALL Z "*', \ \ a \ NSUUipN AROUND PPE.SEE LS. .. ,P�� /.j'NV� 06 \ • RN 929.9 :' 77<", of �� as \\ WATER LRRLEV-7929.0 Jr \ RIM 929.6 -�'CB A aT �/I // 44* \\ ..,„...c.,,\ V 921.6 \\ °^�'•• �// /• �� A ' \ _q_r O WITH DOPE GRATE/\ Y/ i \ a \' SAN W ',..1!„. N RIM 931,5 N. ..` /142 LF 6'PVC NV 920.)0(SE) '� / .. ;5/000 \ K 4/..1 c17 PROPOSED 6•PVC STORMWA 1- waSEMER OUTLET •'L A:!`µV.931.00 .Arai cP r;...xPJ != 1��in tO swum I. •5.76% F4,7.1i0pER44.414111r / �i , `7„,„„„. �PROPOSED SANITARY '36xoDRAM CLEAN OUT f� I m � / ,ti''a.. � �'�L� .,..:34i:O ef- 01 • 1� ♦ 11•FUMED END PROPOSED R PAC R �� C� �C�, r: .71 ... Hd. . ��-/` '� 1N.93aoD.5EE SANnARY SERVICE 4.V i.¢ \ OETAI s/C700 MECHANICAL SEE //�� j( 1'''''''' STORY O O.ODI FOR DETAILS. PIANSAtli/ �� It .nea ' fl/9LED EWFOR�'�'Tvv1CN � I •p /� .911.00,SµV.930.00AL S/CTO/1. A it //•:.• ! ,a5� RN9]1.0� 1 9T NV 926.3PROPOSED 6• � / 1 xm1 Q� (2.•MYLOPLAST`i '�/ 'iK 1NTX DOPE GRATE) PSEWER VC OUTLElER th 1 �I/�/J IN-930.0°0`�' We \.. «• '�� fSFT FR EER N D A L EE NROAD CE 111 r • r .` .? 7 ���" ..r SEE R TERNSLEIROD YI.OPON MX 9,1E / / P DESIGN 6BUURp BY CONTRACTOR.INSTALL IN 4/LS i4 / WELLPER ALL LOON.STATE AND itR Mtn OPT ra anvXea IRnN ladbi9 w �, ` i. vE N11NT W SEPTIC�DR 5 s Med are popMen. m�.a ec d�wk duplicated u' I �� T1ELD5 TAE WITHIN 50 FEET OF sor n4lY ROW..F wk.d R OM 919.0 me y}�9 ���� i�� /�/'/ y�T� PROPOSED MELL LOCATION I/,,,I �� ,'�� � NAP�R ESEIINCE/PROYOE ll�.�pam alms coma. coMadon evwmb rnfw aM \vc ��ilt ��A�' / /..) a % MNIMLIM DR 6 FEET OF Dovernement SEN a9Xxln.RC vRgwe My h P.M. ,, AN �� ! 1 'COVER.SEE YECLWNAL \ ,, /r I , FOR DETNLS,TYPICAL 7 .T ` Y / OapPNOl 40tfi Trans Von Lim SA.uC.NLpnb 15: ,%//`/1,1 L oepry nal m qan.aMdE+N^.w reoon.0 ,d,� \\��� r�� •T'��_to x..,..e 4/l •930.97 lnerwY _ 4'4 \ ,i1,1,7„,,!- Os me or Lin.rny aApr.and Meta 'b \ - ` .,, � �/ ernnoide4kl Inn.PedemorulE rvWmr Mims Mat 1 V?y \\�1 �• , � IXtle SNNdAMewWs. Com, �\''� xwr (------- PLEA Te R�CR tVE�; C\� ,1,a(r Mer 61A61011 CP / / )/ 'k9./ NOT,: ��1o NOT FOR / / // A 1 / CONSTRUCTION / / C / 11094010 `J Vr azmamT 090920/7 MAWR UTILITY PLAN NORTH KiiIl •UTILITY PLAN Drawn Br pW5 VPIO 1•.20' Dale. 94/96/!011 IIIIIII IIII I I SA. C400 TRAVIS VAN LIERE STUDIO •i• ,RIM=929.9 �//' /' LANDSCAPE ARCHITECTURE / Z / r c75:', S :n nT 61REFf KORre mxrt>Y WATER LEV.=929.0 s / �o- wxxu.«,s,RNsys+ KEY NOTES �PC *93.5 :OTTOM=927.40/ //. '4,45:',/' / \T,pX9.0.9 / 1410190 + 24•NDS 501.WtE CATCH BASIN N.\ ���� '�\ j� //7� '�y /' ‘0,,,, / 9 .2 PIERCE PINI & RM-936.00.SEE DETAIL x/C]OD / P�\ z 35 ll'a•PVC STORY SEWER S t.lox N z- 9 7' L' B / 9 ASSOCIATES 931.1 3 6'PVC iNY-931.8) \ VAP / / // � / �,{M�J • 5 IF 6•PVC STORY SEWER 0 1.102 \ "moi s '.' \ •\�9' 9298 CENTRAL AVENUE NE, s 6'PIC WV-931.61 N ,*,j / F,�G`'�// X930.4 1 SVITE 312 N // ,d�F 7." // 1 BLAINE, MN 55434 6 26 LE 6•PVC STORY SERER a 1.10% />b \ •3o.a / �P�O�.' OPG \ , TEL 763.537.13 11 ] 6•PVC INv-931.52 N\ s/'//�/ G/ S� \ \ FAX 763.537.1354 8 3 Li 6'PVC STORY SEWER O 1.10% N 930.•,/ / // 0, \� \ 9 6•PVC MV.931.49 /` '9 ''�' Si \ 10 32 LE 6•PVC STORY SERER e 1.10% \ //i �9 930.6 s / A• ' 30Cp 930.9X 11 6•PVC INV•931.+• ; 7 . ' _..f. / 12 2 LF 6•PVC STORY SEWER a 1.10% 13 8'PVC WV-931.+2 s 7YY� �A 14 2 Lr a•PVC STORY31 SEWER a 1.10% /. I ,0x `� 3004 `��. m a•PVC My.9svin I I 'i OP \\ 16 47 Lf 6•PVC STORY SEWER O 1.1O1f �' i 8,'�� / X930.8 17 6•PVC MV 930.38 / / • • 0 WEL 18 2 IS 6•PVC STORY SEWER e 1.106 U 00* '�932, �� 4 �� - r % 19 a•PVC My 930.56 O�� (<'' 20 2 LF 6•PVC STORY SEWER e 1.10% J�� PQ.' ,y • 4 '�..ti�r i L919, 21 8•PVC MV.930.6• 0 CJ '0'.'1':111:: G r •••„. 4.Sx22 22 LE 6•PVC STORY SEWER a 1.106, / •'••a ,23 8•PVC 419.930.25 -t- ' rrI •� , ��' - /`(�24 10 Li 6•PVC STORY SEWER a 1.10% • / ' '•l 2! 6•PVC INV.930.a1 i30.: `CI 26 10 lE 6•PVC SiTIRY SEWER•1.101[ E // \\ \2) 6•PVC 419.93030 - / I O X•-� /J� 36 21 Li 6•PVC STORY SEWER•1.10% F{ / / 0 I930.6X )f O •1+ �7% 29 a•PVC 4117.9303) F / I + / / �1•r ; 'Y i /l( / ` 30 2 is 6•PVC STORY SEWER a 1.10; ()� / 31 IS U e PK STORY SEWER a Lto% ` /• ' 4, `� 4 • - G \ S Q ti s 9R9�✓ ° G� \ 32 e'PVC STORY DOM OUTLET x93 j y1 9+jN' 446 e P �, INV.9]0.00.SEE DETA%6/C700 X ' F FH GS ® �� \ ,7" • 33 6 Li 6•PVC STORY SEVER a I.10% la/ , 4 &•78. N� r ' 34 6•PIC MV.932.46 I X 9 n. CO\Q '� \ i b 35 •!Lf 6•PVC STORY SEWER O 1.101[ ® \ ; E1eFelk x930.2 /II �� ��fb•1' 36 6•PVC INV-93+.96 [ I I / //P(O,�gE'3] 3 Lf 6•PVC STORY SCWER a 1.10% iii X930.6 �3 � ` \ '. O / //'/X931.4 6���!!! I / i°Se 6•P•C 419.931.95 / A 6 \`Z� O C0� X/0.9 •I�� / ♦i'1O /39 24 LY 6•PVC STORY SERER a 1.10% / / / f 1...5.� y' ?00 , A.40 6•PVC 411/-931.6] / /O �. X931.1 // "'1 41 3 LE 6•PVC STORY SEWER O 1.10% \ X930.8 �ry� / X9 • -\\\,,,,,,,""/ / / v •z !V 8•PVC STORY SEWER a Lto% I �„00 �� s NpUsa y//1 ® \\ ;, ( / :�43 6•P9C 419.932.1• IAiro 0 • \ © 41( ..,:,-...)-4. \ „Ih 44 IS li 6•PVC STORY SEWER•1.10% .932.0 �� site Ok,CS - 1 �( 929.0 I 9 4.9 ® '�j9� e.W ,� i / 936.2 45 e•PVC 41V.931.W • • 46 58 LE a PVC STORY SEWER e 1.10% ' / �.`/ 931.4__ Arir /Pi / / 47 8•PVC STORY DRAM OUTLET ' / / ® ��" ',4 ( `I` ai Z1 / / W I,�TIl_ �/' ' / 419-931.00.SEE DUNE 6/C700 /� / b i.7 n6 f ----„,,4:,,,, --„, 4 t \\ \ I 031. d�,riy©, // FERNDALE ROAD O I ♦ `�lh j // RESIDENCE \ /X. \ �'�' ��0�� �_ tons iERKonLExono w.o9ono,Rn seal/ / n!At ' `1`� /tiir "'••• ��E� +•+ / m.0•KP9• •,0.9m.0 m••wwNrmO Ya,e •32.0\ X931.1/ ♦ / Rw•twanwae.veP+m.w•O.wR.an•m..a.\ i�A •y Pwm.n.mAnaa o ow.a®/'Alt ® ew,w aK*ma v� aotl.4R9 r,fiti::":1411411:49.,e �O.i(�/ 0' aow�wm•m wMa.:,.a..�m�,wMn.aQa...__ _ ' ' .� 936.4 �/ ecnPl.Nm Als radev..u9aNaoua.Lgim40.9' OH W SE �yr, m 9.s���. X9326x930.8 � nI'���...�/929.1,. Y32.2 (��Iv'`' I.ereUY wNrymaMa pR�.ePwkeLon,mieP•rlwee 1/ /, 370931.2 � / omaLIwePWeeedulEnWexowerdbMt*by me or Lin.fr•dreg eavervislon.lkxeEXISTINGxc, , 1 309 \ \ /%i�Q/, LonKPASTR�c6 nvel /L ` ilk ./ � 930 \ �. i 18° 93607. m. x•2017 O 9 �L,//"�y + \ x936.2 � .7J. .`; Y� 1A. • \ 936.2 2. s\\9�2 \--.''''''''',• •••.. :``-_�� •�. . � 66,6: NOT FOR \ •` "^ 'OiCt \ CONSTRUCTION 90 OHW=929.4 X90 ?9 • \ p2R X•36.0 4...'M 'o \ txa9a3m 17 ) \�`\\\/ifiN, •. X936.7 ;114 02.02on _,.,_, .................... _., ii\t, . . ..._.„ _ ilit„„ . ...... /r` ,_ < \ •�Rp/AgRY } v 1 . n t 929.0 DOWNSPOUT NORTH \ Hir>a i tt.� ,__._ DRAINAGE PLAN /Ilii DOWNSPOUT DRAINAGE PLAN - DRAINAGE 04/0412017,I 0 ,0• 20• 30• 30Del' 11111111111 I I C500 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE 2tt'"Ili Ear Pal'SNot 1612 no oN1 PIERCE PINI & ASSOCIATES 9298 CENTRAL AVENUE NE. SUITE 312 BLAINE, MN 55434 TEL 763.537.1311 FAX 763.537.1354 tip _} 1911114Pil, `, y " " _,IiF -4111— 5 7 eat- �LYM- SATE ACREAGE SUMMARY 70, ITE w j • .-\ wE�— TOTAL SITE AREA 1.38 ACRES / . .. r ON—SITE 063120 0 AREA .00 00000 P . _• orr-SITE p 11.05(0 AREA 0.0'1 ACRES •1� . , - .. TOTN,d51URBED MFA 1.35 ACRES ' +•w �-_-i_ [POTATO RiFFNOUs MffA 0.10 CAS �`/ - PROPOSED RKRVIOIO AREA 0.31 ACRES 15 ESTIMATED BMP QUANTITIES � i \` SILT RICE 1000 Lf �yatAkiarig I GLMTNO SERTS 500 LF _urcN RISN SRt RO[xR 13 EACH ROCK CONSTIPATION ENTRANCE 1 EACH MET PROTECTION 5 EACH , .. TREE PROTECTION FENCING 30 LF ENOSON CONTROL BLAME, 3300 SF NOTE: OWNTITEs ME FOR N 001001101ML PURPOSES ONLY. CONTRACTOR SHALL OETERI NE FOR THEMSELVES THE EXACT OLANTITIES FOR BOOING AND CO6TRUCIION.CONTRACTOR SHALL NOT RELY ON THESE 00004 (S FOR THEW BO AND CML ENGINEER O NOT RESPONSIBLE FOR COST ESTIMATES OR ICTLIA1. y CONSTRUCTION COSTS. CONTACT INFORMATION •,-':r. .. .f.. _ m.: ..-.... ,•., OWNER USGS VICINITY MAP NOT TO SCALE CONT/CT PERSON TOLE: TELEPHONE: Emu PARTY RESPONSIBLE FOR LONG TERM MAINTENANCE CONTACT PERSON.TALE: ADux[3s: TELEPIONE: DANE CONTRACTOR euvlu: F..1• - 0N1CT PERSON.TOLE: ADDRESS: TELEPHONE FJ' ENO: CONTRACTOR'S ONSITE REPRESENTATIVE aus*Ess: C0010T PERSON.TALE: /DINES& 1ELFPIOIE: N„` ALTERNATE CONTACT: PHONE: PT s:. EMNL: NOTE: CONTRACTOR'S 0005110 REPAEYNTATNE scall 00 COMPLETED ON TIE FERNDALE ROAD 50 000AN 7 E0 TOPT R THE 01VNERR AND PAL ENRGINEER.R �wTION lµ� RESIDENCE 10E5 FERNDALE ROAD W.ORONO.RN 5E3E1 The arNdescribed17herds11herds Ind05 Rho M ,t.”.itiT�. N1M0 Rewidaces nd apo aes,speolldlons NNMI. me NalleeM1,000e or N p ipk eEw c0004 00 70,1a,h wide w h part,II61PM the NCR.seinen PmNmn ol Travis Van Den scam. LLC.These we available b MW re,*And naLnRn P dents mwfsib. I //1 ' e0h NY i agendas and a vmoily acmNm Nws rMtlinWt C co,ov 2016 Trek Van Live Studio.LLC.AE riscts SIT //// - ` •I I here°Y pe'ea PIIn.ewtl4a6on.w 0111 w'.e repmeC m Ny0L'eE su*eo*on 0002*0 me0 LLensen wlEngheer wqm OHM a Rhe sm.a Nwusocaeou. PATRICK!NEON Ewnee m: N2M MN. 04.162011 LAKEL , � BROWNS BAY NOTE NOT FOR CONSTRUCTION SITE LOCATION MAP 12-0s¢ms NOT TO SCALE 02-02-2011 04-06-201, SWPPP— GENERAL INFO pawn BY: PW.S. Date: NANANT Sheet C600 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE SWPPP NARRATIVE - EROSION AND SEDIMENT CONTROL :11 ASTSTREE XORXbA EJ90 MEET NOR JS,MNSSRI 1 NW 1N 0454 PROJECT OSCRIPTIDN; ROARS OF CONNECTING TO A SURFACE WATER. UTLIZED BY CONTRACTOR TO PREVENT SEDIMENTATION NE THE AREA MUST BE STEED OFT AND A STORYRATER POLLUTION PREVENTIDN PUN(SWPPP)5 REWIRED AS PART OF THE GENERAL PERMIT E. THE CONTRACTOR MUST DIRECT DISCHARGES FROM BMPS TO VEGETATED AREAS OF THE SEE IN MARKED SO THAT HE NY CONSTRUCTION EQUIPMENT MU.NOT COMPACT TIC SOIL PIERCE PINI & AUTIIORI)ATKN TO DISCHARGE STORMWATER ASSOCIATED WITH CONSTRUCTION ACTON MITER R THE NATORDER TO INCREASE SEDIMENT REMOVAL MID MAXIMIZE INFILTRATION UNLESS INFEASIBLE.THE N. INSPECTIONS CAN BE SUSPENDED DUE TO FROZEN ORONO CONDITIONS MM.FIRST RUNOFF POLLIITNtt DISCHARGE FIIMIHATRTN SYSTEM(NRFS)/STATE DISPOSAL SYSTEM(SD()CONSTRUCTION CONTRACTOR MUST UTILIZE VELOCITY DISSIPATER DEVICES IF NECESSARY TO PREVENT EROSION WHEN OCCURS OR CONSTRUCTION ACTMTIES RESUME. STORYWATER PERMIT FOR TIE PROJECT. ALL SITE WORK SHALL FOLLOW THE PERMIT GUIDELINES AND DIRECTING STORYWATER TO VEGETATED AREAS. RULES. FS THE GOAL OF POLLUTION PREVENTION EFFORTS DURING PROJECT CONSTRUCTIN 5 TO CONTROL SOIL MD 3.SEDIMENT CONIROI PRACMES 6.PONTRAC LOTION PRA-WRIER MRESPONS ASSOCIATES CONTRACTOR T MEAS BE RN DE SITE:FOR IMPLEMENTING THE FOLLOWING POLLUTION PREVENTION POLLUTANTS ERS.ME PURHE POSEIiE OFAiD PREvENT wS SWPPP b EO PROVIDE GUDELINES FM FROM LEAVING THE OR SITEDST TO GOAL.THE 5 ACPE CONTRACTOR SHALL BE RESPONLRE FOR THE FOLLOWING SEDIMENT CONTROL PRACTICES: MANAGEMENT YuwREs AL TIE ADZE 9298 CENTRAL AVENUE NE, MUST SE KEPT CASTE AND UPDATED AS DURING THE COURSE OF CONSTRUCTION TO KEEP E A. CONTRACTOR MUST INSTALL ALL DOWN GRADIENT PERIMETER CONTROLS BEFORE ANY UR GRADER, A THE CONTRACTOR SILL TINWZE M EXPOSURE OF AM PRODUCTS,MATERIALS.MID WASTES FROM CURRENT WITH ANY TE ANDATONS TO THE NECESSARYN CONTROL MEASURES BEING UTILIZED. DISTWBANCE BEGINS CONTRACTOR SWL MAINTAIN PERIMETER CONTROLS UNTIL FINAL STMILIZATKN STORMWATER YMCA MAY BEA SOURCE O CONTAMATON TO STORMATER OR ARE NOT DESIGNED SUITE 312 MI5 BEEN ESTABLbHEU. TO BE EXPOSED TO STORYWATER. 55434 STEL 7 MN .1311 MG PROJECT CONSISTS OF THE CONSTRUCTION OF A NEW RESIDENTIAL HOUSE AND DRIVEWAY ON LAKE B. CONTRACTOR TO SHALL ROXEN NGMO BEE INSTALLATION TO Ma ALL SLOPES OF]AT:iV OR B. BUILDING PRODUCTS THAT WY LEACH POLLUTANTS POST BE UNDER COVER(PLASTIC D II AD. TEL 763.537.1371 MINNETON.N gRONO,MINNESOTA STEEPER TO AN LO6ROKEN LENGTH OF 15 FEET OR LESS. TEMPORARY'ROOFS,ETC.)TO PREVENT THE DISCHARGE OF POLLUTANTS OR PROTECTED Br A C. F DONR GRADIENT SEDIMENT CONTROLS ARE OVERLOADED,MOR E CONTRACTMUST INSTALL SIMILARLY EFFECTIVE MEANS DESIGNED TO MINIMIZE CONTACT WITH STORMATER. FAX 763.537.1354 THE PROPOSED STORYWATER MANAGEMENT DESIGN WILL MEET THE REQUIREMENTS OF THE CITY OF ORONO ADDITIONAL UPGRADIENT SEDIMENT CONTROL PRACTICES OR REWNDMT BAPS TO ELIMINATE C. PESTI IDES.TERNCOES,NSECTCRIES.FERTILIZERS.TREATMENT CHEMICALS.MO LANDSCAPE AND THE YINNEIWN CREEK WATERSHED DISTRICT.THIS PROJECT 5 NOT REQUITED TO MEET ME INCA OVERLOADING.TATE SWPPP MUST BE ATTENDED TO DENTFY THESES ADDITIONAL PRACTICES. MATERIALS MUSE BE UNDER COVER(PLASTIC SEEING,TEMPORARY ROOFS.ETC.)TO PREVENT THE PERMANENT STORYNATER YNNGEMENT REQUREMENTS BECAUSE THE INCREASE IN IMPERVIOUS AREA S LESS D. WING AND INSTALLATION OF SEDIMENT CONTROL DEUCES CAN BE ADJUSTED BY CONTRACTOR TO DISCHARGE OF POLLUTANTS OR PROTECTED BY A SRWIARLY EFFECTIVE SEAMS DESIGNED TO MNYIZE THAN ONE ACRE. ACCOMODATE SHORT-TERM ACTORS SUCH AS CLEARING MID GRUBBING OR VEHICLE PASSAGE.ANY CONTACT WITH STORYWATER. SHORT-TERM ACTIVITY MUST BE COMPLETED AS OUIGKLY AS POSSIBLE MD THE SEDIMENT CONTROL HAZARDOUS ZARDOUS MATERIALS.TOXIC WASTE.(INCLUDING OIL DIESEL FUEL GSOLNE.HYDRAUJC FLUIDS.STORAWATER MANAGEMENT CONSISTS OF A SERIES OF ROOF DRAINS AND DOWN SPOUTS THAT WILL PRACTICESAVANT MUST BE NSTALLED IMMEDIATELY AFTER THE AMTY 5 COMPLETED AND IN ALL CASES PALM SOLVENTS.PETROLEUM-BASED PRODUCTS,WOOD PRESERVATIVES,ADDITIVES,CURING MONROE TO GRADE AND EXISTING STORM SEWER INFRASTRUCTURE ON-SITE THAT ULTIMATELY CONNECTS TO PRIM TO THE NEXT PRECIPITATION EVENT. LAKE YINNETONNA E. ALL PUBLIC AND PRIVATE STORM SEWER INLETS AND OUTLETS SHALL BE PROTECTED BY CONTRACTOR COIPOUDS,MID ACIDS)MUST BE STORED IN SEALED CONTAINERS TO PREVENT SPILLS.LEAKS OR WINE APPROPRIATE GYPS WRING THE WORK.THESE PRACTICES SHALL RERAN IN PLACE UNTIL THE STORA E RAAR6E. SALRESOr ED ACCESS STORAGE AREAS MUST BE PROVIDED T PREVENT EMERVANDT. RFCAIIATORY CINTFXT' POTENTIAL SOURCES FOR DISCHARGING SEDWEM TO WAITS HAVE BEEN STABILIZED BY CONTRACTOR. STORAGE ANE DEPOSAL O HALIRDOIS WTERNS MUST COMPLr WITH ALL STATE REOUIREYENTS. DTECILARGE TO SPECIAL.OR YPAIRFO WATERS WITHIN ONE MILE OF SIT[; F. TEMPORARY SOIL MU STOCKPILES ST HAVE SET FENCE OR OTHER EFFECTIVEREQUIREMENTS.SEDIMENT CONTROLS. E. SOLO WASTE MUST BE STORED.COLLECTED.AND DISPOSED N COIRUMNCE MR Nl STATE -TH5 PROJECT DISCHARGES TO LAKE ETONKA(LOWER LAKE)-THIS WATER BODY 5 IDENTIFIED ASSOIL STOCKPILES SHALL NOT BR E ACED N SURFACE WATERS OR STORMMATER CONVEYANCES. MINN AN IMPARTED WATER ON ME MPDS 303(0)WANED WATERS LIST FOR MERCURY IN FSH. NO ACCEPTABLE PROTECTION INCLUDES COVER OF MULCH,EROSION CONTROL MATS.OR PLASTIC F. PORTABLE TOILETS MUST BE POSITIONED SO THAT THEY ARE SECURE NO SILL NOT BE TIPPED OVER. ADDITIONAL BAPS ARE REQUIRED FOR COMPLIANCE. SEETING. SWIM(WASTE MUST BE DISPOSED OF IN ACCORDANCE WITH ALL STATE REOUREMENTS. G. ROCK CONSTRUCTOR ENTRANCES OR EOUNPLENT SYSTEM MUST BE INSTALLED BY CONTRACTOR TO G. THE CONTRACTOR SHALL TAKE REASONABLE STEPS TO PREVENT THE MADAME OF SPELLED OR PLACEMENT O ELL IN WATERS OF ME MATE. MNMZE TRACKING FROM SITE.CONTRACTOR SHALL PROVIDE STREET SWEEPING AS NECESSARY F LEAKED CHEMICALS.INCLUDING FUEL.FROM ALL AREAS WHERE CHEMICALS OR FUEL WILL BE LOADED -N/A GYPS ARE NOT ADEOWTE TO PREVENT SEDIMENT FROM BEING TRACKED ONTO THE STREET. OR UNLOADED.INE CONTRACTOR MUST CONDUCT FUELING IN A CONTARED AREA UNLESS INFEASIBLE. DIIINKING WALTER SUPPLY WNAGFMINf AIFAL H. CONTRACTOR SHALL PROVIDE TEMPORARY SEDIMENTATION BASINS AS MOWED B/THE PERMIT. THE CONTRACTOR MUST ENSURE ADEQUATE SIMPLES ARE AVAUBLE AT ALL TRES TO CLEAN UP DISCHARGED MATERIALS MO THAT AN APPROPRNDISPOSAL CETHIOD 5 AE FOR RECOVERED -N/A L CONTRACTOR MUST YNYZE SOL COMPACTION NO PRESERVE FUNCTION.UNLESS MEISRLE. SPILLED MATERIALS.ALL SPILLS MIST BE CLEANED UR MID REPORTED N ACCORDANCE MAIM STATE SITE DICT SEL COMPACTION b NOT REWIRED ADHERE THE OF A SPECFC AREA O THE REONREMENTS.DRY CLEAN UP MEASURES SHALL BE USED WHERE POSSIBLE. SHE DICTATES THAT R BE COMPACTED.. H. THE METED CONTRACTOR MUST LIMIT VEHICLE AND EQUIPMENE WASHING TO A DEFIED AREA WHEN THE PROJECT SEORM ALTER DISCHARGE 5 NOT ANTICIPATED TO IMPACT ANY OF TIE FOLLOWING: J. THE CONTRACTOR MUST PRESERVE A 50 FOOT NATURAL BUFFER OR PROVIDE RET SEDIMENT COSPIEIED ON THE PROJECT SITE.RUNOFF FROM THE WASHING AREA MUST BE CONTAINED N A -OUTSTANDING RESOURCE VALUE WATERS.TROUT WATERS,MELEES.CALCAREOUS FENS,PROPERTES CONTROLS WHEN A SURFACE WATER b LOCATED WITHIN 50 FEET OF THE PROJECT DISTURBANCE SEDIMENT BASIN OR OTHER SIMILARLY EFFECTIVE CONTROLS AMD WASTE FROM THE WANING ACTARTY LISTED BY THE 1NTONAL REGISTER OF HISTORIC PLACES OR ARCHAEOLOGICAL SEES UNITS MO STORMMAMER FLOWS TO TIE SURFACE WATER. MUST BE PROPERLY DISPOSED O.THE CONTRACTOR MUST PROPERLY USE MID STORE SOAPS. K. F POLYMERS,FLOCCULAMS.OR OTHER SEDWEHITATKN TREATMENT CHEMICALS ARE USED ON SITE. DETERGENTS,OR SOLVENTS.NO ENGINE DEGREAME IS ALLOWED ONSITE. THE PROJECT STORYWATER DGCIMRGE 5 TOT SUBJECT TO ADMEAL REGULATION OE TO ANY OF THE THE CONTRACTOR MUSE COMPLY WITH THE FOLLOWING REQUIREMENTS. I. THE CONTRACTOR MIST PROMO EFFECTIVE C ST C FOR ALL QUO MO SOLO WASTES FOLLOWING: 4. THE CONTRACTOR MUST USE COHMNEKXEL EROSION MO SEDIMENT CONTROLS PRIOR TO GENERATED BY WASHOUT OPERATIONS(CONCRETE.STUCCO.POM,FORM RELEASE ONS CURING -OTHER FORMAL ENVIRONMENTAL RENEWS,ENDANGERED OR THREATENED SPECES CHEMICAL ADDITION TO ENSIRE EFFECTIVE TREATMENT.CHEMICALS MAY ONLY BE APPLEO C NO AND OTHER CONSTRUCTION MATERIALS)RELATED TO THE PROJECT CONSTRUCTION WERE TREATED STORWWTER S DIRECTED TO A SEDIMENT CONTROL SYSTEM WHICH*LowsS ACTMIYTMTY.NO WASHOUT WASTES WY CONTACT THE GROUND.AND THE CONTAINMENT MUST BE FOR THE SETTLEMENT OF TIE FOC PRO.TO DISCHARGE. DESEED SO THAT IT DOES NOT RESULT IN RIF FROM M WASOUT OPERATION1 OR ARE 1.TOE TFR RVIMER RETORT RM ISWPPPI WR FYFNTATIDN RFSNWRINII ID'S; K. CHEMICALS MIST BE SELECTED THAT IRE TION.C NMELY SUITED TO THE TYPES OF SOFAS LIQUID AND SOLID WASTES MUST BE DISPOSED OF PROPERLY AND N COYPIINICE WITH ALL MPCA 1.THE OWNER MD CONTRACTOR ARE PEFOR ALL (S)AS CENTRED BY M WOES PERMIT. LIKELY TO BE EXPOSED D IBRD CONSTRUCTION.CMN.CHEMICALS MUST BE USED N ACCORDANCE RULFS.A SKIN MUST BE INSTALLED ADJACENT TO EACH WASTOLIT FACILITY TINT REOURES SITE 2.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ON-SITE IMPLEMENTATION OF M SWPPP.INCLUDING M WITH ACCEPTED ENGINEERING PRACTICES.AND WITH DOSING SPECIFICATION AND SEDIMENT WASTES. TO UTILIZE PROPER FACILITIES FOR OSPOSAL O CONCRETE NO OTTER IIAv1Dur ACTINIDES OF ALL OF M CONTRACTORS SUBCONTRACTORS. REMOVAL DESIGN SPECFFATON PROVIDED BY M MANUFACTURER. 3.CONTRACTOR SHELL PROVIDE A PERSON(S)KNOWLEDGEABLE AND EXPERIENCED N THE APPLICATION OF 4_TVWATFRNG MIQ BASH DIRdVBO 7.FINAL STABILIZATKN EROSION PREVENTION AND SEDIMENT CONTROL BOPS TO OVERSEE ALL INSTALLATION AND SWMENANCE OF TIE CONTRACTOR SHALL ENSURE FINAL STABIUTATION OF THE SEE.FINAL STABILIZATION REQUIRES M NAPS AND IMPLEMENTATION OF THE SWOOP. CONTRACTOR SHALL BE RESPONSIBLE FOR THE FOLLOWING DEWATERING REQUIREMENTS: 4.CONTRACTOR MOLL PROIDE PERSON(S)MEETING M TRAINING REQUIREMENTS OF THE NPOES(EWE TO A CONTRACTOR'S DEWATERING ACTIVITIES THAT HAVE SEDIMENT-LADEN DISCHARGE WATER MIST BE FOLLOWING: S CONDUCT INSPECTION MD MNNTENMICE OF ALL EROSION PREVENTION MD SEDIMENT CONTROL BINS N DISCHARGED INTO A TEMPORARY OR PERMANENT SEDIMENTATION BASE WHENEVER POSSIBLE, A. A ALL SOIL DISEU7ER THE ARE COMPLETE AND A UNF05 BEEN D.INCLUE COVER WITH ACCORDANCE WITH THE REQUIREMENTS O M PERMIT.ONE OF THESE INDMDIAL(S)MUST BE AVAILABLE OTHERWISE R MUST BE DISCHARGED THROUGH SOME FORM OF BEST MANAGEMENT PRACTICE(BLP) S DENSITY OF 702 ALL DIT THE ENTIRE ALES.PERN1SURFACE HAS BEEN ACHIEVF0.IOLUDNC FOR AN ONSITE INSPECTION RIME 72 HOURS UPON REQUEST BY PPCA CONTRACTOR SHALL PROVIDE BY CONTRACTOR TO LIMIT SEDIMENT FROM LEAVING ME SITE.PRKN TO DISCHAROE.THE STMLIZAiION OF DITCHES AND SWALES. TRAINING DOCUMENTATION FOR THESE NpUIDUAI(S)AS REQUIRED BY THE NODES POINT. no TRANNG CONTRACTOR SHALL PERFORM A VISUAL TEST TO ENSURE ADEOATE TREATMENT b OBTAINED N ME B. CONTRACTOR SHALL ENSUE THAT AU.PERMANENT STORYWAIER TREATMENT SYSTEMS ARE DOCUMENTATION SHALL BE RECORDED IN OR WITH THE SWPPP BEFORE M STMT OF CONSTRUCTION OR BASRA OR BMP MD APPLY ADMTEAL TREATMENT AS REQUIRED TO ENSURE ADEOUATE TREATMENT. CONSTRUCTED N ACCORDANCE WITH THE REOUREMENTS OF THE NPDES PERMIT. AS SOON AS M PERSONNEL FOR THE PROJECT HAVE BEEN DETERMINED.DOCUMENTATION MEL B. TRE CONTRACTOR SHALL DISCHARGE WATER FROM DEWATERING N A MANNER THAT DOES NOT CAUSE C. CONTRACTOR WALL BENNE ALL TEMPORARY SYIITHRC AND STRUCTURAL BOPS INCLUDE: MASMNCE COQTIONS.M DISCHARGE MITER SHALL BE DISPERSED OVER AN ACCEPTED ENERGY 4.1.NAMES O M PERSONNEL ASSOCIATED WITH THE PROJECT THAT ARE REQUIRED TO BE TRAINED PER DISSIPATION MEASURE MO NOT ADVERSELY AFFECT THE RECEIVING WATER OR DOWNSTREAM RECORD AVMA ART ay Alt RRFNTKIR{ PART I11.F.1 OF THE PERMIT. LANDOWNERS OR WETLANDS. -M CONTRACTOR SHALL AMIE THE SWPPP.INCLUDING ALL CERTIFICATES,REPORTS,RECORDS.OR OTHER 4.2.DATES OF TRAINING AND NAME OF INSTRUCTOR AID ENTRY PROVRNG TRAINING. C. F CONTRACTOR 5 USING FILTERS WITH BACKWASH WATER,THE CONTRACTOR WALL HAUL THE IEORWAMN OF THE PERMIT.AVAILABLE TO FEDERAL.STATE.OR LOCAL OFFICALS WITHIN 72 HOURS UPON 4.3.CONTENT OF TINNING COURSE OR WORKSHOP INCLUDING THE NUMBER OF HOURS OF TRNNING. BACKWASH WATER AWAY FOR DISPOSAL.RETURN M BACKWASH WATER TO M BEGINNING OF ME REQUEST FOR TOE DURATION OF M PERMIT MD FOR THREE YEARS FOLLOWING THE SUBMITTAL OF M TREATMENT PROCESS.OR INCORPORATE LIE BACKWASH WATER INTO M SITE IN A WRIER THAT NOM[O TERMIATION. 5.FOLLOWI*FINAL STABILIZATION AND THE TERMINATION OF COVERAGE FOR THE NODES PERMIT.M OWNER DOES NO CMSE EROSION. 5 EHP:CTED TO REWASH LONG TERM OPERATION NO AMNTEIANCE(0 A M)OF THE PERMANENT STONY WATER WNAGESEM SYSTEM. -M CONTRACTOR DOLL WAKE THE RESPONSIBLE PERSON.TREED AS REOLIIED BY TRIO PERMIT. 5.IASPFCTEIS MID YNNIFNMMF AVAILABLE ON SITE WITHIN 72 HOURS WHEN REQUESTED BY THE PPCA FOR AN ONSITE INSPECTION STORIMITFR gSCHARF DESIGN REOURF3EtA5: CONTRACTOR SHALL BE RESPONSIBLE FOR PERFORMING INSPECTIONS THE FOLLOWING AND MAINTENANCE: THE FOLLOWING SIZING CRITERIA APPLY TO THE DESIGN OF STORYWATER TREATMENT FACTURES. N/A A. NEN INSPECTIONS FIND EROSION PREVENTION NO SEDIMENT CONTROL BTPS TNI ARE BASPFCTYN AND ENTRE; AECATES NOT APPLICABLE OR NOT CONSTRUCTED AS PART OF THIS PROJECT. NOAFAHICTONAI,ALL NN 24 HOURSTIONAL BMPS DUCT BE REPAIRED.REPLACED.INCOOR SUPPLEMENTED E -M CONTRACTOR MUST ALLOW ACCESS AS REQUIRED WS STATE REGULATIONS FOR REPRESENTATIVES OF F1OIES PERMITL BIDS NEEM 24 HIDERS AFTER TOR SHALL ALSOOR OTHERWISE IN ACCORDANCE EROSION'RTH THE THE MPCA OR ANT'MEMBER THEREOF WHEN ARHDRIZED BY IT.TO ENTER UPON THE PROJECT SITE FOR I.TEMPORARY SEGMENTATION BASINS:N/A NOES REOUREYENTS M CONTRACTOR SHALL PLACE MO ADDITIONAL THE PURPOSE O OBTAINING INFORMATION,EXAMINATION O RECORDS.OR CODUCTING SURVEYS OR 2.PERMANENT WET SEDIYENTATON BASINS:N/A CONTROL MEASURES DEFIED NEACCESSARY BY MPCAWITHIN 24 24 URS NOTCE FROM PPCA INVESTIGATIONS. THE CTUST ROUTINELY INSPECT THE SITE ONCE EVERY 7 DAYS DURING 3.PERENT NDLERATION/RKN TRAT :SEE STORMWATER MANAGEMENT PLAN 8 CONSTRI CDU ION AND MERIN LOURS AFTER A RAINFALL EVENT GREATER AN 0.5/VINE MMINCHES N 24 4.PERMANENT REGIONAL PONOS:N/A HOURS. NOTICE OF TFRYNATION 5.ALTERWTNE METHODS:N/A C. ALL INSPECTIONS AND MANTEWNCE COND CTED WRING CONSTRUCTION MUST BE RECORDED N -PERMITTEE MIST SUBMIT A NOTCE OF TERMINATION(NOT)WITHIN 30 DAYS IF ONE OR MORE OF THE OWING BY CONTRACTOR NO RETAINED WITH M SIPPP BY CONTRACTOR.MANTIANCE MUST BE FOLLOWING CONDITIONS HAVE BEEN MET: VWFNCE OF[ONSTRUCTSW7; CO lETED BY CONTRACTOR N CONFORMANCE WITH HADES PETRO.CONTRACTOR'S RECORDS MUST I.FINAL STABILIZATION NTS BEEN ACHIEVED ON ALL PORTIONS OF THE SITE FOR WHICH PERMITTEE IS THE FOLLOWING SEQUENCE DESCRIBES.N GENERAL.THE WORK ON ME SITE: WILCO RESPONSIBLE INCLUDING THE REMOVAL OF ALL TEMPORARY MEASURES SUCH AS SILT FENCE. a. DATE AND TIME O INSPECTION. 2.ANOTHER OWNER HAS ASSUMED CONTROL OVER ALL PORTIONS OF M SITE THAT HAVE NOT ACHIEVED 1.CONTRACTOR SHALL VERIFY THAT ALL PERMITS HAVE BEEN OBTAIED MO/OR OBTAIN THE NECESSARY b. NAME OF PERSON CONDUCTING INSPECTION. FINAL STABILIZATION. PERMITS. H. ENDING OF INSPECTION INCLUDING RECOMIERWTIONS FOR CORRECTIVE ACTION. 2.CONTRACTOR SMALL PERFORM SITE INSPECTIONS,RECORD KEEPING AND RECORD RETENTION N A. DETAILS O CORRECTIVE ACTION TAKEN(DATE.TIME.PARTY COMPLETING KANTEIANCE B.CnMFES TO PPP ACCORDANCE WITH ALL PERMITS. SW _ 3.CONTRACTOR SHALL INSTALL ALL PERM-TER AND DOWN-GRADIENT EROSION CONTROL AND SEDIMENT ACTIVITIES). ADDITIONAL OR MODRED NAPS.-THE PERMITTEE MUST AMEND DESIGNED TO CORRECTHE SEIPP AS NECESSARY TPROBLEM IDENTIFIED OR ADDRESS�WTIONS TS. I AS CONTROL BEST MANAGEMENT PRACTICES(GYPS).CONSTRUCTION ENTRANCES MD INLET PROTECTION N. DATE AND NOWT OF RAIEFALL GREATER THAN 0.5 INCHES N 24 MOWS. WIE1EVER: DEVICES PRIOR TO SITE GRADING,EXCAVATION.STOCKPILAIG OR DISTURBING CASTING VEGETATIVE COVER. I. F ANY DISCHARGE S OBSERVED TO BE OCCURRING WRING THE TTSPECTOR.A RECORD O I.THERE b A CHANGE N DESIGN.CONSTRUCTION.OPERATION OR YWIDIRYNCE.WEATHER OR SEASONAL .CONTRACTOR SHILL PERFORM SITE GRADING.EXCAVATOR,STOCKPILING WORK IN ACCORDANCE WITH THE ALL POINTS O 711E PROPERTY FROM MIEN MIRE b A pSCAAARG[MUST BE MADE.AND THE COMMONS THAT HAVE SIGNFFAMT EFFECT ON DISCHARGE.INSPECTION 5 REORRED WRIM 24 HOLES 4 STORYWATER P00.010N PREVENTION RAN(51WPP). DICIARGE SHALL BE DESCRIBED(COLOR.ODOR.FLOATING SETTLED.OR SUSPENDED SOLOS. OF A RNNFALL EVENT GREATER THAN ONE-HALF NCH. 5.CONTRACTOR SHALL INSTALL.INSPECT.MONITOR AND MNINTNN TEMPORARY AND PERMANENT EROSION FOAM.OIL SHEEN.AND OMR INpGTORS)AND PHOTOGRAPHED. CONTROL BAPS AS SHOWN ON PUNS A IN CONFORMANCE WITH ROES PERMIT.CONTIADUSLY DURING NG 9. DOCUSENTATON OF CHANGES MADE TO SWPPP. 2.INSPECTION OR NYESTFETON BY SITE OPERATORS.LOCAL,STATE OR FEDERAL OFFICIALS IDEATE M M WORK.CONTRACTOR SHALL STABILIZE ALL EXPOSED SOLS NO LATER MAN 1 SOTS AFTER THE D. IN AREAS O PROJECT WHERE FINAL STMRIZAIION 5 COMPLETE INSPECTIONS CAN BE REDUCED TO THS 5 NOT EFFECTIVE. CONSTRUCTOR ACTAATY N THAT PORTION O THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED. ONCE A MONTH.MESE AREAS SNAIL BE INSPECTED BY CONTRACTOR FOR MINIMUM PERIOD OF 12 3.THE CONSI E NOT O T THE TE TS MD CONRAL OBJECTIVES O CONTROLLED NG POLLUTANTS OR THE SWPPP S 6.CONTRACTOR SHALL REPLACE OR REPAIR EROSION CONTROL AND SEDIMENT CONTROL BAPS THAT ARE NOT NON-WINTER MONTHS MO WITINN 24 HERS a FIRST SPRING RUNOFF OR PRIOR TO RESUYNG NOT CONSISTENT WITH TERMS AND CONDITIONS OF MG PERMIT. NNEMNNG PROPERLY. CONSTRUCTION FOLLOWING ANY WINTER STOPPAGE.WHOMEVER COMES FIRST. 4.THANY APVLIMCABLE WATER QUALITYDETERMINES TST DARE DS LIHARGE R my HCAUSE C.E PP DOES EITNo TNCOR ORATCTTAINIETAT QURR PENES F E R N D A L E ROAD 7.CONTRACTOR SHALL PERFORM SITE RESTORATION ACTIVITIES FOR PERMANENT VEGETATIVE ESTMLSHLEMT. E. M CONTRACTOR IS RESPONSIBLE FOR THE INSPECTION MD MAINTENANCE O BMPS MITA.ANOTHER RELATED TO AN APPROVED TOTAL WU[YGY DALLY LOAD(TALO). RESIDENCE B.CONTRACTOR SHALL REMOVE SEDIMENT CONTROL DEVICES PRIOR TO SUBMITTING NOTICE OF'EMANATION NOT HAS WEANED COVERAGE.OR THE PROJECT HAS UNDERGONE FNM STARLIZAMIN AND AN MOT HA5 BEEN SUBMITTED TO THE MPCA (ADT), 1M3 FERXOALE ROAD W,ORONO,MN 33131 9.SUBMIT NOTICE OF TERAIATON TO MPG WHIN 30 DAYS O FINAL STMIUZATON. F. ALL EROSIONDICTA CONTROL MEASURES COST RE TONN INSTALLED AND MAINTAINED C CONTRACTOR MT ACCORDING -SWPPP CFFRUTCR PO; PODS EMACS INCLUDED N M CONSTRUCTION DOCUMENTS AND IN ACCORDANCE WITH THE -TI STCE TH E IPREVENTIONINGPLAN WAS PREPARED BY NDNOSTE TRAILED Al I. ONSTRUCTON MINIFY DO RFMIRFMFN PRODUCT ET R CTROACES MBE R. ACCORDANCEARISWITHS THE PERMIT'S TRNNING(EOUREYEIIIS FOR PREPARAIDN OF SWPPPS.INDMWAL(5) Nv 110 4 sham and 0 drafted rhere.alca Inc..A C T5; C. CO PERIMETER CONTROL BECOME MUST u REPAIRED.IONN. THEREPLACED OR 51REA HES BY THE PREPARING TATS SWPPP: NAWCMINCY'gn 1011 Intl.0.4 da.... 04 0 ALL FIELDSPE N AND STOR SHALL BE PERFORMED N ACCORDANCEPLAN WITH THE REQUIREMENTS OF THE MIGHT CONTRACTOR WHEN THEY BECOME NOR SHALL REPS ORM SEDIMENT REACHES ONE-HALF THE ere AHI NWe and Yana Ee or V p YWr etl w NODES PENN AND STORMWATER POLLUTION PREVENTION PIAN(SWOOP). MIGHT OF THE DEVICE. CONTRACTOR SHALL AEPAR OR REPLACE DEVICE THAT 5 NOMUNCTIOINL amen" expiated H U 1 w e Pm.eAW me BY M DO OF THE NEXT MFJESS DAY AFTER DISCOVERY.OR THEREAFTER AS SOON AS FIELD PREPARED BY' amen"Men p d Tmt Van Lwa WA. A THE CONTRACTOR MUST IMPLEMENT THE SWPPP MID PROVIDE BAPS IDENTIFIED IN THE SNOOP IN AN CONNTIOIIS ALLOW. PATRCK SWUM.P.E. C.Prose we era..b AWED raven mtl RATEELECTION.APPROPAND ELECTION.MANNER. H. TEMPORARY AND PERMANENT SEDIM[NTAMN BASKS MUST BE DRAINED AND SEDIMENT REMOVED BY PIERCE PINI AND ASSOCIATES aveme. by clones. mwUrs. B. THE CONTRACTOR SHALL RESPOND 70 CHANGING SITE CONDITIONS AND IMPLEMENT/SUPPLEMENT CONTRACTOR ONCE M SEDIMENT COLLECTED REACHES ONE I1ALF ME STORAGE VOLUME WITH 72 PATOPEREPINI.COM Mt WA 101aOendHmtl vwkars pry H a"urmKe EROSION PREVENTION AND SEDIMENT CONTROL MEASURES UTIUZED TO PROVIDE ADEOWTE HOURS OF DISCOVERY.OR AS SOON AS FIELD CODNT10MS ALLOW Mt WA mAro. PROTECTION OF DISTURBED SOILS MD ADEQIATE PREVENTION OF SEDIMENT TRANSPORT OFF-SITE. 763-537-1311 AT A MINIMUM.THE FOLLOWING STORM WATER POLLUTION PREVENTION CONSTRUCTION ACTMTY FELD I ALL SEDIMENT DEPOSITS ETRE SURFACE WATERS OR STORMWATER CONVEYANCES MUST BE REMOVED eRN lull Travis van we SwdM o.LLC. rights REQUIREMENTS SHALL BE FUSHED BY THE CONTRACTOR. AND RESTABILIZED BY CONTRACTOR WITHIN 7 DAYS OF DISCOVERY OR SOONER F R PRESENTS A l WAU FLOOR RSIs.INCLUDING DELTAS MO STORY SEWER SEDIMENT DEPOSITS. THE CONTRACTOR SHALL TRANMG/CFRTFFATIDIF BE RESPONSRBIE FOR OBTANNO ILL PERMITS REQUIED.F NECESSARY.FOR SUCH SEDIMENT DATE O TRNNING/CERTIFCATEE 2016 I.EROSION PREVENTION PRACTCES REMOVAL. CERTIFICATION PROGRAM:UNIVERSITY OF MINNESOTA-DEVON OF CONSTRUCTOR SWOOP CONTRACTOR STALL BE RESPONSIBLE FOR M FOLLOWING EROSION PREVENTION PRACTICES: J. CONTRACTOR SHALL BE RESPONSIBLE FOR KEEPING ENURE PAVED SURFACES CLEM OF SEDIMENT. MDEM ILLS,MN A. MEL CONTRACTOR 11 ATTEMPT TO PHASE NL WORK TO MINIMIZE EROSION AND RANT. CONSTRUCTION ENTRANCES SHALL BE CHECKED DAILY BY CONDUCTOR.F ME ENTRANCE BECOMES I hereby cert.tat eN pen.epetlketlon,or rival eras VEGETATNE COVER TO THE EXTENT POSSIBLE.M LOCATION OF AREAS NOT TO BE DISTURBED MUST INUNDATED WITH SEDIMENT.THE ENTRMDE WILL BE CLEANED OR REPLACED AS APPROPRIATE BY INSTRUCTOR(5):JOHN CHAPMAN "prat by AA of ANY my 19110 sum..wM Ww I BE DEUNCATED ON THE SITE BEFORE CONSTRUCTION BEGIS. CONTRACTOR. STREETS LEADING TO AND FROM ME CONSTRUCTION ENTRANCE SHALL BE CHECKED CERTIFICATION EXPIRATION: 2019 amaUA Ucemee Roles EHA Engineer antler He Yes B. STABILIZATION ON ALL EXPOSED SOILS MUST BE INITIATED IMMEDIATELY WHENEVER CONSTRUCTION NAY BY CONTRACTOR FOR OFF-SITE SEDIMENT TRACKING ONTO PAVED SURFACES.THESE AREAS or me saw mwe90a. ACTMTY HAS PERMANENTLY OR TEMPORARILY CEASED ON A Y PORTON O THE SITE AND WILL NOT WALL eE HOU SLOW IS ANr TRACKED WTEED BY THECONCITYC TS SOON AS LLPOCXTE AND RESUME FOR A PERIOD EXCEEDING 7 ENENMR TOYS INCLUDIIO STOCKPILES WITH SIGNIFICANT SILT, SWEEP 24 HOURS OF DISCOVERY AND E DIRECTED BY THE CITY.CONTRACTOR TE. EXTEND CLAY OR ORGANIC COMPONENTS.STABUZATKN MUST BE COMPLETED WENN 7 CN FHDAR DAYS SWEEPING TO THE EXTREMITY O ANY SEDIMENT TRACKING THAT OCCURS OFF-STEL C. THE NORMAL WETTED PERIMETER OF AM TEMPORARY OR PERMNpgE DRAINAGE DITCH THAT DRAINS K. CONTRACTOR SHALL BE RESPoNSBIE TO REMOVE AM OFF-SITE SEDIMENT ACCUMULATIONS N A WATER FROM A CONSTRUCTION SITE OR DIVERTS WATER AROUND A SHE MUST BE STABILIZED BY MANNER AND AT A FREOUENLY SUFFICIENT TO YMYRE OFF-SEE IMPACTS PA s.no. IVEAY CONTRACTOR WITHIN 200 FEET FROM M FR PROPERTY EDGE,OR OM THE PONOF TDISCHARGE TO L ALL TALTRATON/FILTRATION AREAS MUST BE INSPECTED BY CONTRACTOR TO ENSURE THAT NO 1110 O 9011 ANY SURFACE WATER WITHIN 24 HOURS OF CONNECTING TO A SURFACE WATER. TEMPORARY OR SEDIMENT FROM ONGOING CONSTRUCTION IS ACCUMULATING OVER THE INFILTRATION/FILTRATION AREA EDN. (NAM. PERM/ENT DITCH MALES BEING USED AS A SEDIMENT CONTAINMENT SYSTEM DO NOT NEED TO BE SEDIMENT ACCUMIAATED OVER IFILTRAION/FLTRATION MUST BE REMOVED RI CONTRACTOR. STABILIZED UNTIL THEY ARE NO LONGER USED AS A SEDIMENT CONTAINMENT SYSTEM.AFTER WHICH M. CONTRACTOR SHALL PROTECT IFLTRATON/FLTRATOAREAS EAS FROM SEDIMENTATION AND En.MUST BE STARLIZED WIT24 WARS. OVER-COMPACTION DUNE EXCAVATION,SEDIMENT MID EROSION CONTROL DEVCES MUST BE 0. TEMPORARY OR PERMANENT ENERGY DISSIPATION AT PIPE OUTLETS MST BE PROVIDED WITHIN 24 HO NOT FOR CONSTRUCTION 12-0.2015 02-02-2017 X1011 ....,, SWPPP- NARRATIVE Lawn Be Dale. OYFNJ011 swat C601 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE 2111ST a.11KKK' S1 1 512 TM SCA PIERCE PINI & ASSOCIATES 9298 CENTRAL AVENUE NE, SUITE 312 BLAINE, MN 55434 TEL 763.537.1311 \ FAX 763.537.1354 \\ \ i \ i II)itkk.' \ '/ / A \ !/ t �...Weis.. \ MSTALL ROCK CONSTRICTON r, � ENTRANCE AT A LOCATION WIRE \ r' '...T \ CONSTROCTON VEHICLES ENTER PG /'�/ R ,\ J\ p AND Ezrc TOE SITE.SEE DETAIL / � v CONTRACTOR WAY USE v •ooMIR METwRS NKOMO / SP 91' `.M \'' S BY ENGINEER i��" S '� \ts \ a\�1CONCRETE WASHOUT L , \ AREA PER YRCA .7.4,T44„..„,/' '[ P ` STANDARDS.CONTRACTOR X ' ;,/ S• 3. ,.:7. w , wR I\``\ 4 , TO FIELD LOCATE \DURING CONSTRUCTION INSTALL EROSION CONTROL AT ALL CB /pzp.p / S`/ C�e���• \\ WITHIN PROJECT AND DRAINAGE AREA N. �1EV.-020.0.LM'•'�j _� \ DOWNSTREAM OF PROJECT,TYPICAL.SEE ,hal I Y %:7ZZN / •',i` \ DETAIL 3/C604.7/C004 AND 9/C14 q4 /) \� 0'r // „.,..01e..."'" \" / 4142 \\ Q F NO Y\/ v/' \ \\.�\ PE •9� 0 / ///,'i' C 111M YN / A. \\,WRI�M-929.6 p O 'i \\ ce . �• bl \ LtD G\ O '��'' / Nv-922.7 J M`92ar" .. �r VVV 6/ I' u'z N ma , ,/ \ / \ 714,t. / � 1 9 GCC ,3,9L/ , I / ,1 l n\ -c 'y / ,-./ / / 6 - r 0 N /,. . 36- I • t _ o R /-9F-' ,% Jp P S FOUND 0` IRON PPE \\\ 1\ i N-i /I2 / jji RPG �\ FERNDALE ROAD 2; �s _ 7 ,9a*, ,9 pON p ' P RESIDENCE 1 ^'\ / \ / 75\-011-Mr �v Mr.. / \ -..,../7 \/ Jif/ PE ./ ` 999 FERNDALE ROAD W ORONO,RN 99291 FOUND IRON PI • PROP�"Al \ \\`\'L\``` \\'.----/ / _\ \\\ ` / 7/ / 46 0 1 ` Tn.designs shown x0 N.A.Iw.M..9Anp r �� \\ \\ .Anksd Wafts.or..and anyclIcallons Morel. R .n.'MNr7 xmN9.E,a wnMe x M p.°.wNiwl u,. ,, \\\T \\ / "1 \ \\ / \',� !//// X26- 0 W....mIM.P...a Wast Van LIn.6NaM. C.These ars an..M&NNE . And / ora 0 \\ ,\ / I �— n9. 1/ --,. /t % .'\ w`".xnentsalon ap�a.:�dsond.b.x+rH...No ,JET \\\\.- \/ I +0.9 T�9NCRA'' 'i::=''/ \'� ..... INSTALL FLOATING SILT CURTAM—J 0 \\ \ \ I�— _ IINSTALL c /NIWNDPROTECTON 1 \\ •,% / G\ O C.opAm 2016 Tm..Van Nara 6..LTC.A rgln HONG UNES.ORE DORNSTREAM l' \\'‘. >ol — // c re.x.eE OF GRADING ACTMtt•ttPICAL, SS \\\ littt SLS TW REYNN.SEE /// v SEE DOAK I/C6W �;\ \\\ \ O OEINLV/C&W 1 \// // R Ebsinrc&n S,, .\-'" CS..a-\ --—\ \ / S LOMtaT 2000 ��G \�\ \tel. — +9o--_ \ t // / Wwxmwm.xl.w my a<a.w.�ww.ens IIxII 3 \\\R /i _'..N \ 1 /A / m.M'Lke R'dass4al EiM�...uwx Ne lawn • ��............• "1::" '� , \� 'II• 2. \ PATRICK FOR `�'�` \\ 1 i '\� \ kenos no. Saw `' ER.: K9U617 FOUND O%y sFY ,,,. ,.w \�p�Mp1 R E \ 00 0+700-p �a$ V� �\\\\ 4t\ . HL \\�` \\ \\ .s \ 1\ "D" NOT FOR �� \ CONSTRUCTION INSTALL.PERIMETER EROSION \\\ CONTROL Al ALL DOWNSTREAM \�\\\ EDGES OF THE SITE.SEE �\\\\ •:•, DUAL I/C604 AND 5/C004. '�!�\�\\ 12.042010 7902L V� 02.024.017 OL042p17 MORIN !IIT\ eSTORMWATER POLLUTION PREVENTION PLAN — EXISTING CONDITIONS SWPPP- EXISTING ,IICONDITIONS o ao +o' 60T•.pr Darin NW II I II IIII 1 I 11 P.W.. Wb: 04042017 _ C602 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE 21114T6TREET NORTH EIRE 3N IMIEAPOLM,IN 45401 1402140 4404 PIERCE PINI & ASSOCIATES 9298 CENTRAL AVENUE NE, SUITE 312 BLAINE, MN 55434 TEL 763.537.1311 \ FAX 763.537.1354 \\ / ��. \ \ y \C.RW-933.4 \ INSTALL ROCK CONSIRIJCTIGN / 1 ENTRANCE AT A LOCATION WHERE G P /' J \ CONSTRUCTION VEHICLES ENTER AND EXIT THE SITE.SEE Mak RP /' , k '\ \\N \\ 4/C604,CONTRACTOR MAT USE '( k e ,,, t \yL 4\ \ : OTHER METHODS AS APPROVED ' ER �/' p S, '`%�� at j\\ ,\ �4 \\ CONCRETE WASHOUT AREA PER LOPCA ' '/ / \\ \ STANDARDS.CONTRACTOR TO FIELD/ / 4. �� I I,'♦♦ \ ' c/g LOCATE OURROC CONSTRVCININ : ♦ •'444' gsL, o far. `s' I\ / ti� -TALL TREE PROTECTION / �Y : i' \ wTO EROSION CONTROL AT NI CB '' ///1�� �, CRAG MOLW ALL a / A', WHIN PROJECT AND DRMNAGE MEI� / ' 'Q p ,R\ \ , \ DOWNSTREAM OF PROJECT.ttFCK.R[ ST 'I�'0/ FREES FO ROYAL SEE M- / ( : ':-::•"! m. CCU/3/C604.7/0004 AND 9/C604 \ / ,,J M_.ice /� �.�, /'\ \� \\a MAIL 6/ceo4 / QPM N. p 4�4.t> " .. NSTALL EROSION CONTROL BLANKETS ON A.� p5' / /,�41 i `___ A :I�`1,2 �' / ror/ ALL SLOPES GREATER THAN 5:1 WIIMN Cl c, / !1 1� PROJECT AND DRAINAGE AREA /1+;, r�j/ .,w s \6 0 2 I / 4,' DOWNSTREAM OF PROJECT.MACK.SEE y .7 O / e++' / / '� MAIL 2/C604.SHOWN AS HATCHED II• 40 �� y 4�< .tf AREAS '////.,;' fK� 7 '`m"_ sats �Ii�` `mr• �.12. � � ' LT--'''; oma ,' r N A;� � ��: /� ISO:'it..„.)..._ . � 4..+ ,/ �r p 5 faDNPIPE / 4,7_, \\ , `�� '�% /fi'0 5 '' %�/ Pp Q FERNDALE ROAD Eb ND, \\\ — / ' 00. 'ik ��yr/'o IRON D PE �RNRN4 ERNSLeIRDD W EoRuxNo.NCe6tEFOUNO��EtE%\\' N / \\/ � �1s i PIPE IRON 2'Nw`"f��' \ �/ 7�r// PROP t' \ \ Zvi �ly�/ i qy Q I,e III% 1 The wPe Ste.and at.Mm arL6�D a �� "/ • i4 A /• ipic, �'� ;.�fj 'p cJ J m°carma De°OF.e,awr1 or ,, \\\\\ /' 4 ��. �� / ' 1. `` 1 LLC.mea.agax % \ xt•S 1 x-934' .Wale arYNn PamWWm a TmW Ven LM.SHwF, ow titi0. %% • c• \ 9oaHxNaaal agenda and.Oma only H war.. gal.mike INSTALL FLOA NG SILT CURTAIN J 0. \ �< /•./ 0 G CI M 2016 trona Van Lien SR.LLGNAg0b Z KONG DLAK ING A O DOWNSTREAM S; --�,'J�- 1e, , l{J cJ,t/. OF GRADING ACTMM,MACAL, ♦♦ 4 ''"'�Lt�. [b5MlD SEE DETAIL 6/[604 ♦♦ \ T S'tEe // 6uKO, so. aJ� ; �04-,‘!,-.40:',,,,,,,,� _ �Id ,e,e mar .ANN ♦kob♦ �j „�: �,-�; . � // a4:Pdy Ilsum mrIw1aHI Ex9YHe ,640 laws '♦ ' --4 40.9.., \ ' A , : e 1/ C-72' _ — ♦�♦ �I/ ' ' \ BLANKETS ON ALL SLOPES \ PGREATER THAN RD.IECT NLD SDRMAGC MEA PManse ATRICK 6V5041 NM CEJ '_== — \♦♦ ,• FOUND SPIKE DOR/STREA4 OF PROJECT. he /` C ♦`..♦' ,1 I \yIN,IRON RPE \ TYPICAL.SEE DETAI 2/C604 PaP.. —tc \\ ;, \\\� NOT FOR o \ y \v CONSTRUCTION �/ / // // / INSTALL PERNETER EROSION \\\\\\ / / / CONTROL.SEE DETAIL I/C604 \\\\\ ... / L / AND 5/C604.TYPICAL '\\• \� 12062016 \J '' ',`\ 0262-2011 \ - P. 0.62012 SWPPP— PROPOSED NORTH CONDITIONS %\ eSTORMWATER POLLUTION PREVENTION PLAN - PROPOSED CONDITIONS \I ' ' 60' 3Dam 4..6y. P.VJ4 0 20 w . 11111111111 I 1 C 6 0 3 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE m NT 6mEET MORIN 55 51 MARIA MESH REINFORCEMENT. I. BElCHVESp REPLACED WHEW NEAR i0l! ATTACH FABRIC TO WIRE MESH SATNNTION. IN2 730 OM SPEC.SECTION JB86VATH HOG RINGS. BBM100T Z. PH 551 BEAVER DAM AS 4ANFALiURED PIERCE PINI & METAL(OR W000) Ili POST OR STARE • 1. SILT RACE BY DANDY EWTMVR CRABT Yr I! mew 3.ARROSION CONTROL METHOD OR FABRIC ANCHORAGE DESIGN RECOMMENDATIONS PROOIICT MAY BE USED WITH ASSOCIATES WITH TA BACKFILL APPROVAL FROM FUSED PA, WITH TAMPED 1. SILT FENCES SHOULD BE...STALLED ON � NATURAL SOL THE CONTOUR(AS OPPOSED TO UP AND yyyy���yyy DOWN A MNL)AND CONSTRUCTED 50 EXTEND MATERNAL v��i PRESIDE GAP AT BAIT 9298 CENTRAL AVENUE NE, DEECTON Oi • TNT ROW CANNOT BYPASS THE ENDS. ABOUT 40.ON TOP OF 3� FOR OVERFLOW SUITE 312 RUNOFF FLOW 2. ENSURE THAT THE DRMNAGE AREA 6 NO RANDOMLY+GERT -�VT, � a%ABSORBENT PuOr BLAINE, MN 55434 I 11 II I I:II:Imo= 1111--1 \ SIOI(D BE PARTIALLY II-�I=n n n/ /i=1-n + I GREATER 1MAN 1/1/CRE PER 100 rt Oi STALES rMROUGH THE �� BLOCNNG THE CURB HOOD TEL 763.537.1311 11=11 11-1111-All 1110//�II' FENCE. APART ABOUT 20• `�, II -A=1 6• APART WHEN//STALLED PROPERLY / FAX 763.537.1354 x YMOE THE rENCE s7Aac FOR TIF �IIILL� V A F• 111 II:II YIN 10-YEAR PEAK STORY RARIOFf. NATURAL SOIL II=11 A. WHERE ALL RUNOFF 6 TO BE STORED �� — /�����/�� 10'MITI LENGTH REMIND ME SILT FENCE,ENSURE THAT A TEACH THE ENCLOSURE FLAP411111111111k PRE-RRIUER NOTE:9%T FENCE SHALL FOLLOW THE wXNUY SLOPE LENGTH XCEE BEH. ,�/ �• INSIDE f0 COYRFIELY SHAAn.LL WIDERp.TNN A YNppT SPEC.SECTION 0886. THE FENCE DOES NOT EXCEED THE 77 • SPECIFICATIONS SHOWN N TABLE I. \ \ M GRATE TME NIST OPENING ON WEDGE ON O.STLOB FIGURE 1 TYPICAL INSTALLATION FOR SILT FENCE TABLE I MARMUM SLOPE LENGTH AND$LOPE FOR WMOX 5%T FENCE K APPLICABLE STESAOC. ØØØ �. OE A650RBEMI FALLOW SMLL BE RACED N NLETGRATENATO MUST BE , SOF)OUCHOr THE NT. Bi\TTOM PILLOW 10 TETHER FRAME TMROVCN THE �••• 4�•••4 :�•�D�4••• •B�••••I �D�D�.:• B�D�D• BY CALCULATION BY CALCULATION DESElY ACCEPTED IGN PRACTICES I DVERUP MATERIAL `°°P CATCH LIFTING DEVCE LOOPS BASIN CURB BOX INLET :*:1 ••44/ x.:40:44,;:444.; :•40;•.;:�•••• ]LOPE PERCENT SWT FENCE STORAGE SRT FENCE STORAGE EOUALS 2 R 3 •A4 B•••A4.•••A..•.►•••AAA'A•A•A►.•P...• H:V EOUALES 2 FT FORA FORA 2-YEAR EVENT OR J ET FOR 6.. SLOPE NET MA SEAMS: 1� \� NO SCALE 100-YEAR EVENT A 100-YEAR EVENT BIANNEI INTERVAL MUST �VI 100:1 1% 400 R 900 ET 100 rt OVERLAP Al LEAST 6•ND /w STAPLES INSERTED THROUGH \� 0.' 500. 50.1 2% 290 rt 450 R 75 R BOTH IABROS AT A lll��� 25:1 4% 100 R 225 FT 75 R ART SPACING Of p' AP ���_ dAV INSTALL SHREDDED HARDWOOD 20:1 5% BOR 180 rt T5-50 FT +/" �,q,.E, -7- ANNUM DIAMETER EONVALEM MATERIAL MAY BE _ CCAR LOG 6-T MULCH(.DOT TYPE 6} SUBSTITUTE 17:1 6% 67 R 150 R 50 R LONGITUDINAL SFAYS: �N AT END OF SLOPE `r •- BLANKET INTERNE MUST re-�i SECURE BLANKET 1l .#?:- ,.:70• SPARE PINE THE ENGINEER. R T THE DISCRETION a 12.5:1 BB 50 rt 112 R 50 R MATERIAL BT INSERTING �6, -•�- OVERIM Al LEAST 6'AND ry' T• ROOM.LOG 4 1/J Of 10.1 1011 40 R 90 rt 50-25 R STAPLES INSERTED THROUGH STARES ABOUT 20' MASH 5:1 20% 20 R ISR 25-I5 R BOM FABRICS ATA APART THROUGH ll[ / ( ' w1DMLIM SPACING OF AO' FABRC it11 /J-DF LDC 4:1 25% 16 361SNOTES: APART 3:1 33% 12 R 27 FT ISR I. EROSION CONTROL BLANKET TO BE CATEGORY 4-COCO/NT 2S FOR SLOPES GREATER THAN 2'WASHED COARSE— : R FT FT .. 51 AND SIOES AND BDTIOR OF ALL PESLEDRAINAGE WALES AID PONDING AREAS AND AGGREGATE 12'THICK .. 2:1 50% 8 FT 18 FT 15 FT CATEGORY 2-STRAW 25 FOR ALL SLOPES LESS TNN 5:1 PER MNDOT SPEC.SECTION NNNUY WITH 3885• GEOEELTIE 2. INSTALL PER UNDOT SPEC.SECTION 2575 LNDERLAYMENT ®HEAVY DUTY SILT FENCE EROSION CONTROL BLANKET NO SCALE �, NO SCALE GRAVEL CONSTRUCTION ENTRANCE COIR LOG 1 6 NO SCALE NO SCALE NOTES: 1)ALL TREE PROTECTION FENCING AND EROSION CONTROL FENCING SHALL BE NSTALLLD FLOTATION SEGMENT ACCORDING TO THE PIANS PRIOR TO ANY DEMOLITION.AFTER DEMOUTION OR AS NECESSARY. UNIVERSAL CONNECTOR TREE PROTECTION FENCING MAY BE RELOCATED WITH APPROVAL FROM THE LANDSCAPE FLOTATIONFOLD JOINT FOR STORAGE ARCHITECT.ALL TREE PROTECTION FENCING AND CROWN CONTROL DUCES SHALL BE SEGMENT TOP TENSION CABLE MAINTNNED FOR THE DURATION OF THE CONSTRUCTION PERIOD. TOP LOAD UNE WATER 2)CONTRACTOR S5A11 NO STORE ANY MATERIALS OR PAR.ANT VEIRCLES N TREE PROTECTION 4. /SURFACE ' �'�� I ZONES.THE FENCE SHALL PREVENT TRAGIC MOVEMENT AND THE TPLACEMENT Of TEMPORARY .../ LIAR Or PROTECTION.FACILITES,EGA/MEAT.STOCKPILES NTD SUPPLIES FROM HARMING VEGETATION WITHIN TIC L � SHORELINE ANCHORING 4,-GRATE 3)THE CONTRACTORARCHITECT.SHALL CLEANLY cur ALL ROOTS EXPOSED BY GRADING AS MELTED R LRT STRAPS I TFC LANDSCAPE ARCHITECT. III .•••••••••••••••°••••••••••••••••••••••••••••••. ANCHOR /// 4 THE CONTRACTOR SHALL USC DESIGNATED CONSTRUCTION ENTRANCES AND SATING AREAS. \ ,...;ti..........•: .....:.....: ....:•:;:,}°::•:•:,:•. ,,‘,/ `\�/ ) ��. • SHOREIJNE •I': UISTURBEU � n 1 GROUND WORK CB INSERT LOTH 3 :•• ::1:�}'tip DRIRNE };(DEPFH VARIE91 ZONE ' FILTER CLOTH C EAR — � M WATER Ni PI $.1Ri DEPTH OIL ABSORBENT PILLOW SwVL 1 11 I IN N ARAE •I s BE PLACED E POUCH 0 SI ...:....•...•. N. M • TURBIOTIT OIPLNE THE BOTTOM ATTACH PILLOW [/ •I Y V M CURTAIN . / � P• OTETHERLOOP , ::•:•: 1111 • 1- / I w %c. _-� -DUMPING STRAPS • '•;:•;ti•:::::.}}};::,;:y:........................•.•,.::.• 1; 1 \ rNo 6 CATCXBASIN BALLAST • t•..:::Y:•,•:::.•:::::V: •....::::::••:Y::.....:.t IMMISOLE MORE CHANNEL / No. �, CHAIN '}::.::•{::;�::;�::; ANCHOR y ..::::•:: :. ::; ANCHOR .. N / CHANNEL •_ •• _ bT ON joallilliiillikliiIM PLAN ViEW • - 1.ON ABSORBENT PILLOW SHALL BE REMOVED ANNEAR D REPLACED WHEN SATIAATICN 2.USE DANDY.BAG II AS MANUFACTURED BY DANDER PRODUCTS NC --Ii n .IRT CONNECT .fly 4-6 ow 3.AN EOUNALENT CATCHBASIN EROSION CONTROL NSERT METHOD OR PR000CT MAY GROMMETS • BE USED WITH PRIOR APPROVAL FROM ENGNEER. ofiaTREE PROTECTION FENCING SCALE F E R N D A L E ROAD CATCH BASIN INSERT FLOATING SILT CURTAIN RESIDENCE 1 NO SCALE1. MO SCALE 1011 FERNDALE ROAD W.01050.1111 11711 WIRE SCREEN WRH OVERFLOW TIM bW@ Flown decd.her.nar:W NI I/2' SCREEOPENINGS STONE FILTER WATER FILTERED en 051041 eM rents be H C T dud..4.0 We H COIR SST KED IN DG TT.G OR HAL .BaeaieIHAAII RUNOFF WATER .W BALEYOtl iANW and WITH SEDIMENT MINIM PLACE evNe. 6T dents. core.. .NWam.. FINISH •• •�• ` "_•:FL• ='.:MME\V�— an M GRADE • { �OabH.era v../wNHamndaa ,�I CCopPNni 20I6 VHU Van Uwe SGAI LICA rills =Fro 41.711ETEg1 rli 41rftmed -II=II=11=11=11=11=11=II=II=II IL II ---- =1 INLET CASTING NOTE:IF STONE FILTER BECOMES CLOGGED WITH I OR 15410NorHN-mp,yedwwe^.HrWd DI SEDIMENT.REMOVE 1H. 61 en H urea-me.E aWHANm1 II AI STONE.CLEAN AND my Se l of AW Pdamonal ErNFw ober IH laws REPLACE. o Sy Sar.a AWN. 0 NYLOPLAST INLET PROTECTION '-•-•73.._ PATRICK SHEER NO SCALE tense no: AWN ND'E NOT FOR CONSTRUCTION 124.2016 02423011 .0.2017 Drw10: SWPPP— DETAILS Drawn Bl: P.WS Dee: 0.10011 Sh'aL C604 TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE TOP OF CASTING TO BE RUSH WTIT 2111STSTXEET INRTI w11EJ50 MXXEAPWId,MN 55101 E1350 GRADE AT PAVED AREAS:I. 1 512 Tw04N 7�7___ABOVE EN150 GRADE IN LANDSCAPED -1111111.1a.a�,s 2•ADJUSTING MG'S AS REO'D. PIE 1�C E PINI • \-10XL 1-MA%.)POLL BED Or 6' 3'-0' COLLAR CoNc RTC NOTE: THE PPE b BEDDED AP BEIWECN R ILL BE RTP, N COYPACEED GRMMAR MATERMLMALT O EO A HEIGHTJ27'1HOLE ERNE AND COVER-ST 01 �-� BEADING DDWNSPOui EOVAL TO ONE S61H THE ASSOCIATES V.N.O. SCHEDULE WTI 1MCHNEOREFER i0 YECwWICAL OUKIDF OAYCTER a THE ING SURFACES AND I PIPE.THE DEPTH OF THE9298 CENTRAL AVENUE NE. O J _ ��,pyPACIEDBEDDINGMATERALBELOWDVED EOIWVALE ONCEALED PICK HOLES ORWI4 R C,RµULAR TK PPE 'AMRIYUY pE ! S roa 2r oMETEa AND SUITE 312 1/9 DE LAST(3).IDIOTS W ENLET k WTLET NOTES: ELAINE, MN 55434 ��� Tp 11 - SMALLERPPE 6'FaR86' W/2-3/1•oNYETER GLVANZ AIE B61.61/r C ; a I BOLT FASTENERS PCRAM NSTAµEO AT Q EOR PIES GREATER TH1AN OR EOWL 10 A'.ISE 1.5'. TEL 763.537.1311 ..COST CORCRETE 6161r• �RE 3110 V ARD TERGER PPE.MANHKIIE PER ASTM G76 ---qi Illu�• '- - -T AND 1'FOR MERYEDATE • FA% 763.537.1354 S12ES.THE REMAMNG 60 FROM RIP OF PPE THE CONTRACTOR.wY SUBSREUIE A G ELME FABRIC, . mn of •• - © PER MN DOT SPEC.SECTION 3601.FOR THE GRNMAR � 1= -�.y r iTit- EMBANKMENT WTERYL 5 ORANUTAR FOlIg1gN IOGIIiLY COMPACTED. c' EATER BLANKET U.N.O. THE FIBRIL ROAD COAT THE STEPS-NEENAH A-1960E Cl/SS C ,• -.-80..1 P,RON 3�E,WPRAP AND EXTEND LACER THE CULVERT M• ALUMINUM•16'O.C. NDS SOUME POLYLEFIN WITH ��.������ 6 T (DOFNSTNEW) U.V..870100 2A-•23 SWAPE PRowDE TRASH GUARDS D PLACED PPRP,.NONDWL STONES 1 ALL BUTTED AMS GAL,STEEL GRATE NDS ("ICLASS C PIPE BEDDING WERE WOGTED ON SMALL NOT FOCI LESS THAN 50 LBS CKCEPT '� � BETWEEN SECTIONS PLAN /2415V OR APPROVED EOUAL NO SCALE - THOSE USED FOR CHINKING SHALL HAVE TIO RING PUNS WITH S/6' R..:. GASKETS D111EEER ENDS O 6b.C. - BUILDING DOIVNSPOOI CONNAr 2 ECT TRASH GI WN • B PER MNDOT 251 I)GAS FOLLOVIS MNUINR A .,-FOR PPE 'I REFER TO NRCHIiECIURN NOTE: STORYWAIEF PPE'S 10 FLARED ED ETC (3) ■ CLASS 6 CLASS g• CRASS 19• SIF ELEVATION.SEE GRADNG PLAN II1--1,11-111=-11,1-111=11-111 WTN LESS MAN 3'OF HINGED ND 1 TOO) 12' DEPTH In' DEPTH 21' DEPTH 111- - - N COVER Wu REaNRE BOTTOM I I • NSUU,ION. COINOcrTED aN STRAPS CONCRETE. O PON. S Y GEM�ROPRA PETER RPM GIME OPRAP PETER N ! ' 111 - BE GALVIINZED 3/B x 3' CY (CY)(CY) Cr) CY CY SLOPE 2'PER 1-1 � KFLL MATH I� '-IIMATH 5 6 DWIEEER II = S ) Fool n 1��Q\\\\ coYPACEEo soA 1 / 72' 6' to' x.n 1.. ..I 2.1 ss ze j ___ fl= MIRAEI TIILL:iiti 6PRECAST OR 1.rwmLTER ORDEPTH © 7.OR EnF2'POLKIYRENE lGfl3G-L -. ���� MUUTION ' 'Is' 12 2.1• SLOPE ALL AT 6'PVC OUTLETS TO S FUNDPLACED TOR DEPTH Q N' 72 14' 5.5 2.6 8.3 4.2 11.0 5.5 ••�}.F�{ STORM SEWER Al 21L YNWEY.SFE =1 • 27'12'14.5' 5B 2.9 0.7 4.4 11.6 5.6 NOTES: "V"witi DDMISPOUT TION SE PLN! =�- T. NEM ELEVATION.SEE UTILITY PIAN .. ! 30'11' 16' 7.3 3.7 10.9 5.5 Hs 7.3 - OYPKLED CRANULP, MANHOLES B'OR DEEPER-THE'RECAST SECTION IMMEDIATELY SLOW THE CONCRETE /�� 2 DYERS 1'K111'RICH511_7-'.--- T 3r Tr 16' 9.2 1.6 13.6 6.9 1E3 42 2.SECTION SHALL BE 1'-0'ARCH. DENSITY INSULATION. '-IT=T7TPER BEDDING WATERT& STAGGER ANTS -111=111,111-. -•I, �IIr PER SPECIFICATCNS NRK!7000 GEOTExiIE OR /2'1n'19.5'10.9 5.5 10.3 0.2 21.7 10.9 3.ROME SEEPS IN MIANHROLES OVER 1-0'IN DEPTH. FUER BLANKET,SEE REINFORCING SHALL BEA NIM M OF SINGLE LINE C MAXHAVNG AN AREA Or CRUSHED AO COMPACTED TABLE FOR DEPTH 0 16.20. 21' 12.9 6.5 19A 9.7 25A 12.9 HOTTLESSLESS NWE 4. THAN 0.12 S0.N.PER FOOT OF HECH T. ELEVATION STONE COMPACTED NATIVE SOL PROVIDE SNAP-N BOOT AT ALL SANITARY SEWER CONNECTIONS TO MANHOLES. STANDARD SEWER MANHOLE 7 CATCH BASIN AT DOWNSPOUT 7 PIPE INSULATION �RIPRAP AT RCP OUTLET NO SCALE NO SCALE NO SCALE MO SCALE II - III-1I- , RODENT SCREEN ON END OF DR.TILE -411211113231• CRISIEDs TALL I Ey of ROCK ATI WEIGHT III _ _ Y• LOCATION OF DRAMA INC 1-1 11=1 I I III III-11-tir• I-111-•: 1f'1 GEOT a"'EYPGL(BIOOT I I I- •�'Y- -�`r-'-=fii- 3733.TYPE V)UNDER ROCK - L -III-1 STORM DRAIN DAYLIGHT DETAIL 7 NO SCALE NYLOPLAST 24'DRAIN BASIN:2824AG--X NYLOFLAST GRAIN BASIN WITH DOGE GRATE NYLOPLAST TURF TRAFF IC INSTALLATION p 9 I19FWTR)RI<IREFN II 6�MWNIW RA.1R[EIW. 1 WE TO sOa•NMSA Y.051 A �� 11111100. pH, 121-30'DRANBASIN rw6AaWNA94Mc 12'-30'INLINE DRAIN 1 v �i�� ` ' NIA Ir s11.24.911210.1550281 W.11.01.5115. 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I7._., 4 «� y� err north • 0' 25' 100 200' 400' 800' IEP aerial photograph - ferndale road residence placement and property line ferndale road residence - Orono, minnesota TRAVIS VAN LIERE STUDIO, LLC REHKAMP CARSON ARCHITECTS 04.06.17 LEGEND: AVERAGE LAKE SETBACK LINE FEMA Special Flood Hazard Areas PROPOSED NEW DETACHED GARAGE PROPOSED NEW RESIDENCE (I) NTS NEIGHBORING RESIDENCES O1s SN NI01O' S dr • • • mm .. • 4 •• • • • • • • • - ' •• . . . .. . . •. • a • • a • • • • a m b V r • • • • • e • • • • e • 0 ' 4/ _. • • • • a e • • • e • a • a • • • , ' ' •• • • • • • • • • • • • • • • • • • • } • tl -\ b • • • • • • • w; i t • • • • • 4 • • • • • • • • • • • • ' I I• \ • • • • • • • • i "0t - • • • • • • • • • 4 • 60 . 60000400 • • • 40 .16 . 40 . 0 * • 0 • . ..° ,' 114•, j• , , • • • • • • • a 4 a • • • • • • • • • • • • • • • • a • • • • • • • • • • • • "• >. • • • • e • • • • m e • a • • • • • e • 4 ♦ 1 • • a • • • • • • • • 4 • • • • • • • ! a • ,•,. ♦ .. ,. 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MAX HARDCOVER PERCENT 25% ` MAX H . ALLOWED FOR LOT 13,855.75 SF • •• 4. 444, 50 • : : • awe wow ft.. : : /77 ' •�•'��•• / EXISTING DRIVEWAY (TO BE REMOVED) / • • / / / It / • // / 0 DEMO'D GARAGES / / / / r / / / / ts----------....y/ / / / / / / / ....., / / ——— / / AVERAGE LAKESHORE SETBACK T---t I — _ / i `' / / / .0I / 0. 40 / •v / / / ' DEMO'ED HOUSE % sea / ` EXISTING TIMBER WALL .........00.1°. 0 LAKE MINNETONKA 1.0"=40.00' initial site plan (previously demolished structures) ferndale road residence - orono, minnesota TRAVIS VAN LIERE STUDIO, LLC REHKAMP LARSON ARCHITECTS 04.06.17 TOTAL LOT SIZE 55,423 SFfillillisill. �; MAX HARDCOVER PERCENT 25% ` aiii,, - _ MAX H.C. ALLOWED FOR LOT 13,855.75 SF Ip ! ,'" 1 INITIAL VARIANCE SITE PLAN CALCS. PROPOSED HOUSE SIZE 4,346 SF 4' PROPOSED HARDCOVER 9,147 SF / , , SF BE)UI JO 0-75' SETBACK LINE 2,522 SF HARDCOVER IN 0-75' SETBACK 16.2%HARDCOVER IN 75 250' SETBACK 8.2% P' 7 HOUSE SF W/IN 0-75' SETBACK 1,885 SF ' / ` /(75%of hardcover w/in 0-75' setback) ' // ` PAVING SF W/IN 0-75' SETBACK 637 SF (25% of hardcover w/in 0-75' setback) ♦ / PROPOSED DRIVE (VARIANCE) SF BEYOND AVERAGE LAKESHORE SETBACK 3,058 SF • TOTAL HARDCOVER 16.5% • / / �I/ '6%' ' � � / / / 1 / / / / / / / / I // 1 ' / / / /Vo / / / I /_____• T•_________.:ui / . / / /il ' / I PROPOSED HOUSE (VARIANCE) / _ / _ / / I -- / / I i� 30 ._. / / / -- -- / / I _4Ill / AVERAGE LAKESHORE SETBACK I / / / % 7 IC-,_ _ / / I // PROPOSED HARDCOVER AREA BEYOND 75' / '-11111111111111111, '[: 7' ,1/ SETBACK (VARIANCE) / t / `• PROPOSED PATIO / TERRACE (VARIANCE) / t. • `r � / +* -'�� ,'' NIEXISTINGTIMBER WALL — 0 LAKE MINNETONKA 1.0"=40.00' initial variance site plan ferndale road residence - orono, minnesota TRAVIS VAN LIERE STUDIO, LLC REHKAMP LARSON ARCHITECTS 04.06.17 TOTAL LOT SIZE 55,423 SF , 011,4, MAX HARDCOVER PERCENT 25% •'' ' MAX H.C. ALLOWED FOR LOT 13,855.75 SF i i' ' Ij i `' ' 71,71: 1I/ - 1efts awn PROPOSED NEW ACCESSORY STRUCTURE 1 i / `; / PROPOSED NEW DRIVE 4.. / 1 i/ `_// 1 ` `� 1��` 1 1 I , — / `� // I 7 PROPOSED NEW SITE PLAN CALLS. ' / l I / PROPOSED HOUSE SIZE 3,883 SF / 1 1 / / PROPOSED NEW RETAINING WALL PROPOSED HARDCOVER 13,280 SF // ,V , ,' / / SF BEYOND 0-75' SETBACK LINE 1,928 SF / ' PROPOSED NEW 3' HT FREESTANDING WALL HARDCOVER IN 0-75' SETBACK 12.8% / i HOUSE SF W/IN 0-75' SETBACK 585 SF "---- (30% of hardcover w/in 0-75' setback) / _ PAVING SF W/IN 0-75' SETBACK 1343 SF 1/ -- ----- (70% of hardcover w/in 0-75'setback) I 4' ..2,116 / / / TOTAL HARDCOVER 23.96% ,I �`__= TOTAL LOT SIZE 55,423 SF /1.11%**1 MAX HARDCOVER PERCENT 25% ` MAX H.C. ALLOWED FOR LOT 13,855.75 SF / 1i'" INITIAL VARIANCE SITE PLAN CALCS. ?'J 11.1'.' PROPOSED HOUSE SIZE 4,346 SF 1 / '� PROPOSED HARDCOVER 9,147 SF 50' /' f woe SF BEYOND 0-75' SETBACK LINE 2,522 SF /� PROPOSED NEW ACCESSORY HARDCOVER IN 0-75' SETBACK 16.2% HARDCOVER IN 75-250' SETBACK 18.2% / /�► ` ` STRUCTURE HOUSE SF W/IN 0-75' SETBACK 1,885 SF • / PROPOSED NEW DRIVE (75%of hardcover w/in 0-75' setback) ' •••• / "�, aiiii PAVING SF W/IN 0-75' SETBACK 637 SFAft �� - 4111111, / (25% of hardcover w/in 0-75' setback) // /� vv. i PROPOSED DRIVE (VARIANCE) SF BEYOND AVERAGE LAKESHORE SETBACK 3,058 SF !' �� / TOTAL HARDCOVER 16.5% / i `i%. / PROPOSED NEW SITE PLAN CALCS. ' :' 1 : / / PROPOSED HOUSE SIZE 3,883 SF / / ; / / PROPOSED NEW RETAINING WALL PROPOSED HARDCOVER 13,280 SF / �' / / SF BEYOND 0-75' SETBACK LINE 1,928 SF / ;�' / / / / PROPOSED NEW 3' HT FREESTANDING WALL HARDCOVER IN 0-75' SETBACK 12.8% / / /'' / HOUSE SF W/IN 0-75' SETBACK 585 SF - ' / '-,..-......7,.: / (30%of hardcover whin 0-75' setback) __ __ PAVING SF W/IN 0-75' SETBACK 1343 SF 1/ - / / -"- / (70%of hardcover w/in 0-75'setback) ' // - -ti, / / o SF BEYOND AVERAGE LAKESHORE SETBACK 2,116 SF I /, ! ! - / / TOTAL HARDCOVER 23.96% :1 � � _ __ l!�======' -'= -�. ==== ------ -1 II / / / PROPOSED NEW COURTYARD WALL 3 I . --/ /' / / � / / / PROPOSED HOUSE (VARIANCE) / _ 0/ PROPOSED NEW MECHANICAL AREA ;E" - / i /' PROPOSED NEW HOUSE / 1 I ' 1 1 1 30 ......., / ��`.� -?_� � o '� PROPOSED NEW TERRACE , ilk / I-1%.war- i_7:tv- -__ 'jr� /__ �' -----r :� r, / 1--11 1 1 / �- , -, / AVERAGE LAKESHORE SETBACK / • /f' --/4� PROPOSED NEW HARDCOVER AREA BEYOND / __ t / / 75' SETBACK / PROPOSED HARDCOVER AREA BEYOND 75' — -- '' •� y SETBACK (VARIANCE) ' ( / • / PATIO / TERRACE (VARIANCE) • •• 40' / ,,,�4 `•••••, 0. / a' + / Si . / 4%.44%%28,.... ••`•. 000 EXISTING TIMBER WALL S. ♦ ♦ 0 LAKE MINNETONKA 1.0"=40.00' variance / proposed site plan overlay diagram ferndale road residence - orono, minnesota TRAVIS VAN LIERE STUDIO, LLC REHKAMP LARSON ARCHITECTS 04.06.17 TOTAL LOT SIZE 55,423 SF /1411111414. ••,•,, -i,. MAX HARDCOVER PERCENT 25% i i., MAX H.C. ALLOWED FOR LOT 13,855.75 SF / ' i;,....... INITIAL VARIANCE SITE PLAN CALCS. �+ PROPOSED HOUSE SIZE 4,346 SF ;; ' PROPOSED HARDCOVER 9,147 SF 50 i . SF BEYOND 0-75' SETBACK LINE 2,522 SF •' •HARDCOVER IN 0-75' SETBACK 16.2% /�•• :y, PROPOSED NEW ACCESSORY HARDCOVER IN 75-250' SETBACK 18.2% ' 00%. %• :�' , STRUCTURE HOUSE SF W/IN 0-75' SETBACK 1,885 SF / . :' (75% of hardcover whin 0-75' setback) / '• ‘ / PROPOSED NEW DRIVE PAVING SF W/IN 0-75' SETBACK 637 SF / ,�: SF BEYOND AVERAGE LAKESHORE SETBACK 320°58 SF hardcover of w/in 0 75' setback) // ;; ;; ,'� / :. . PROPOSED DRIVE (VARIANCE) 11111 TOTAL HARDCOVER 16.5% �� ../.:,:// • ~��' EXISTING DRIVEWAY (TO BE REMOVED) PROPOSED NEW SITE PLAN CALCS. ' / • •' PROPOSED HOUSE SIZE 3,883 SF i / •• •% PC Cut/Fill Summary Cut/Fill suamary Exhibit G m.,,,,, Cut tact., 1.111 Factor .,d area Fill Net FaC_r .I1: F«t: 2d Free «LFill #17-3918 Volume Surface 1 1 43256.01 Sq. Ft. 0.00 Cu. Yd. 1230.24 Cu. Yd. 1200.24 Cu. Yd.<Fiil> Prcpcsec 4'c1ume Surface 131.50 1.000 1.000 25288.38 Sq. Ft. 0.00 Cu. Yd. 1253.00 Cu. 03. 1250.00 Cu.Y].<F___ TC:Lal.s 43256.01 Sq. Ft. 0.00 Cu. Yd. 1200.24 Cu. 11. 1203.24 C... 02.<F:f., T_tals 25288.38 Sq. Ft. 0.00 Cl. Yd. :250.20 Ct. Yd. :253.00 Cu.53.<-'_. Elevations Table Elevations Table Number Minimum Elevation Maximum Elevation Color Number Minimum Elevation Maximum Elevation Color 1 -0.291 0.000 N 1 -0.788 0.000 • ': ... 2 0.000 0.144 ■ 2 0.000 0.233 II , 3 0.144 0.268 ■ 3 0.233 0.458 ■ ■ x .. ..,, 4 0.268 0.395 4 0.458 0.500 ■ 5 0.395 0.560 ■ 5 0.500 0.784 ■ .' ' :'' _ .., -,...\. , \ ■ -�\ ■ 6 0.560 0.697 �. 6 0.784 1.370 7 0.697 0.952 ■ F��O 7 1.370 1.500 ■ 8 0.952 1.165 1111 S. 1.500 2.533 II ., 9 L165 1.588 II ;,),' �' ■ '.00 1 i . , 10 1.588 3.599 r a r"''. .10e, , ' ''''.'%Niftill....s APPROXIMi RAIN RW riii f. ATE-- ,� / . CnA\ NB - '-� ": ',R/ .�...:. L �l ,,A� .. . :. J r -" 1 + .. ,..,.,:• • 4. II Y„ ,..44' n 'yj, . / -1 r it 1 .mil®® ; ^ i-, RYA.Ia -... 111D ' ''..... -'''' 4‘, / t C` . \/ / LAKf MryN£roN cC", AT ,14 --' NJ{'trlr i;k', .4 ib FF 1 i .. j1'1 /1 NOM NORTH /11i\ 1 EXISTING FLOOD PLAIN EXHIBIT /IIS 1 PROPOSED FLOOD PLAIN EXHIBIT \/ O .�. o m' w' eo• ,I O o m' w• eo' I IIIIIIIInI I I PC City of Orono Exhibit H /oHo., Hardcover Calculation Worksheet #17-3918 I\,�1 Property Address: 1095 Ferndale Road West \k,„��P Prepared by: Connie Villari, L.S. Date: 02/20/2017 Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A PAVED DRIVEWAY 2811 S.F. B GRAVEL DRIVFWAY 1192 S.F. C TIMBFR WALL 14 S.F. TOTAL 75 FEET+ 4017 S.F. o TIMBER WALL (0—75 FEET) 62 S.F. E WALL(0—75 FEET) 16 S.F. H TOTAL 0—75 FEET 78 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 Existing Hardcover 4095 S.F. Excludable Hardcover(See City Code Sec 78-1684): WALLS 192 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 192 S.F. (3) Net Existing Hardcover [Subtract line (2)from line(1)] 3903 S.F. (4) Total Lot Area(TO OHW) 55423 S.F. Proposed Hardcover Percentage [(3)_(4)] 7.0 % (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 City of Orono slip Ab Hardcover Calculation Worksheet 1 ..,N% ; Property Address: 1095 Ferndale Road West \Pti oP, Prepared by: Connie Villari, L.S. Date: 02/20/2017 Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. KSuy tore Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A HOl ISF (75 FFFT+1 2894 S.F. B DRIVFWAY 2754 S.F. C Al'ToCnl1RT 2845 S.F. D FNTRY WAI K 76 S.F. E MASTFR TFRRACF (75 FFFT+1 285 S.F. F J AKFSIDF TFRRACF (75 FFFT+1 311 S.F. G PAVFD PADS 54 S.F. H DFTACHFD GAR DRIVF 467 S.F. DFTACHFD C;ARAGF 748 S.F. J MFCHANICAI ARFA 130 S.F. K AIJTOCOIJRT FOUNTAIN 40 S.F. L Cnl1RTYARD WAI I 62 S.F. M AIJTOCnIIRT WAI I 106 S.F. N FNTRY COI LIMNS 8 S.F. O .FRFFSTANDINC;WAI I 114 S.F. TOTAL(75 FT_+1 10894S.F. FF HOl1SF (0—7S FFFT) 989 S.F. EE I AKFSIDF TFRRACF (fl—75 FFFT) 980 S.F. GG MASTER TERRACE (0—75 FEET) 273 S.F. HH BRIDGF WAI KWAY 10-75 FFFT) 144 S.F. TOTAL(0—75 FFFTI 2386 S.F. (1) Total Proposed Hardcover 13280 S.F. Excludable Hardcover(See City Code Sec 78-1684): WALLS 290 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 290 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 12990 S.F. (4) Total Lot Area(TO OHW) 55423S.F. Proposed Hardcover Percentage [(3)+(4)] 23.4% 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 PC 7' ''': . ° Exhibit •,`:. ,, ..e.,,,,,,- #173918 wN y� voi ' '' # \' ,,„ �ri 1.1 t ' �r{ _fey#, � _NNett. _ f s c.,..-.5.1,.% -I'- It. ,, .7,0,-...Y, ,.,. ilAi, .,,,.. 1•1‘ t. . li V Af 2. • k", .. + l +-, �`g tr' r ,d�"'e�� _ e q rt I I ? r��,r t a•* '°z 1 h , 7‘.. � ;;;',‘g.' '''.:-ie'r -1 >Aix r ----Z7-,,:: '�- 0' •., *w v r w ., !.. .* a^-.. yam! y'✓ '1e G t. 4 tt,' r, i- '�.. it. aj" y' ��i'�r►• S,r .1,;,' 4....„ cE�'� ° Y . 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ASm=mnoom ry m g _ _ ° ' z A A an"5o<o�apy,ApA H �m �. z A $ A pN i n z o i� a rg bnm°=° I m n m - o - `.$Fmzm nib 0 g a - m = z o $ ��' _ �' �° °k <'"SAP "o�" �� m ° A m F m� v ,,,„„m,,°o o_,yp m x R m - x g - p mit°_g_ 'W, _°gam g m 4, m m A g o O I � � pp= - - =p _ k lilili $of o R° m gm o _ op o:mA�n< �_ ° y - ° ag ogO MUM P c A �kFA msogD - WAW, m - ,r - ! Ftp; m VP p0505 '0,2 A80 A 08 < ° N ° Ngo ; of q P - iE - ; - ° , z 2 �' r s sasB illi oz7m >A i D s �¢$g m m O< Zs � � 70 = nZ n� $ a 7 D B4,,8Si z ' i'.�?' by 7r m '^`� 'I eF°n 2 E r nm r m Fa« 3 omm nm -P ( r(\� _ r Yss ;ZA mv, O I Z 23 84' 1 71gn gad nO %° Aga !...mo o PC Exhibit K #17-3918 PLEASE NOTE:SECTIONS OF THE CITY CODE HAVE RECENTLY BEEN AMENDED. IN AN EFFORT TO PROVIDE THE MOST CORRECT INFORMAITON AT THE TIME OF THIS WRITING STAFF HAS INCLUDED THE CURRENTLY CODIFIED CODE SECTIONS. IF PLANNING COMMISSION WOULD ILKE TO SEE THE YET UNCODIFIED AMENDMENTS PLEASE LET STAFF KNOW.THE SPECIFIC RULES RELATING TO THIS APPLICATION HAVE NOT BEEN CHANGED. Sec. 78-305. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1A district shall exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent Area Width Yard Yard Yard (acre) (feet) (feet to Street (feet) (feet) (feet) 2 200 50 30 50 50 (Code 1984, § 10.23(6); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 4, 6- 27-2016) 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. Page 1 (3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (4) The following unusual land alterations: a. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a permit. The following land alterations shall be considered as unusual land alterations: 1. All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. 2. Any additional fill brought on site outside the Shore land Overlay District, in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. 3. Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (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; Ord. No. 188 3rd series, § 2, 3-22-2017) 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)) DIVISION 6. -GENERAL FLOODPLAIN DISTRICT(GF) Sec. 78-1128. -Permitted uses. (a) The uses listed in section 78-1116 of this article, floodway district permitted uses, are permitted uses. (b) All other uses are subject to the floodway/flood fringe evaluation criteria specified in section 78-1129 below. Division 4 applies if the proposed use is determined to be in the floodway district. Division 5 applies if the proposed use is determined to be in the flood fringe district. (Ord. No. 177 3rd series, § 1, 9-12-2016) DIVISION 5. - FLOOD FRINGE DISTRICT(FF) Sec. 78-1124. -Permitted uses. Page 2 Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in section 78-1125. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. (Ord. No. 177 3rd series, § 1, 9-12-2016) Sec. 78-1125. -Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation.The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory structures. As an alternative to the fill requirements of section 78-1125(a), structures accessory to the uses identified in section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that: (1) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (i)adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with section 78-1125(a) of this article, or if allowed as a conditional use under section 78-1126(3) below. (d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (e) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (f) The storage or processing of materials that are, in time of flooding,flammable,explosive,or potentially injurious to human, animal, or plant life is prohibited. (g) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (h) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city. (i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area Page 3 is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity(in feet per second)would exceed a product of four upon occurrence of the regional (one percent chance)flood. (j) Interference with normal manufacturing/industrial plant operations must be minimized,especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (k) Manufactured homes and recreational vehicles must meet the standards of division 9 of this article. (Ord. No. 177 3rd series, § 1, 9-12-2016) Sec. 78-1126. -Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s)or any applicable overlay district,following the procedures in section 78-1148 of this article. (1) Any structure that is not elevated on fill or floodproofed in accordance with sections 78-1125(a) and (b) of this article. (2) Storage of any material or equipment below the regulatory flood protection elevation. (3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with section 78-1125(a)of this article. (4) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in section 78-1127(f). (Ord. No. 177 3rd series, § 1, 9-12-2016) Sec. 78-1127. -Standards for flood fringe conditional uses. (a) The standards listed in sections 78-1125(d)through (j)to all conditional uses. (b) Basements, as defined by section 78-1118 of this article, are subject to the following: (1) Residential basement construction is not allowed below the regulatory flood protection elevation. (2) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with section 78-1127(c) of this article. (c) Where lot size constraints prevent the fill elevation from extending 15 feet beyond the structure, a reduction in the fill extension may be allowed for lots less than 65 feet wide, provided the lots were established prior to October 26, 1978, the initial establishment of a floodplain ordinance. (d) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the state building code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the state building code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (e) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (1) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (one percent chance)flood event. (2) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city. Page 4 (3) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (f) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. (g) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2)it is designed to internally flood and is constructed with flood resistant materials;and 3)it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: (1) Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: a. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and b. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the state building code and shall be used solely for building access, parking of vehicles or storage. (Ord. No. 177 3rd series, § 1, 9-12-2016) Sec. 78-1279.-Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Structure Treatment Classification i Unsewered Sewered System Page 5 NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal,state or county highway and local public and private roads 30* `' Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Structures and accessory facilities,except stairways,landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing,subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes,flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Page 6 (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004; Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015) Sec. 78-1280. -Minimum lowest floor elevations. All structures located within the Shoreland Overlay District which are subject to the floodplain regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements of that article. The regulatory flood protection elevation shall be established as set forth in section 78-1111. All structures constructed within the Shoreland Overlay District shall have their lowest floor, including basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory floodplain elevation cannot reasonably be determined,the minimum elevation at which the lowest floor, including basement, may be placed shall be determined as follows: (1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher. (2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record. (Ord. No. 101 2nd series, § 1(10.56(16)(D)), 2-24-1992) Sec. 78-1282. - Driveways,stairways, lifts and landings. (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections(1)—(5)of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. (Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59 3rd series, § 2, 5-11-2009) Sec. 78-1286. -Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. Page 7 (b) Grading, filling or excavating of more than 50 cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. (c) Public and private roads, driveways, parking areas,and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of up to 50 cubic yards of material within 75 feet of public waters as per item (b) above, a staff-issued land alteration permit shall be required. (2) For movement of 51 through 500 cubic yards of material anywhere within the Shoreland Overlay District, except for within 75 feet of public waters, a staff-issued land alteration permit shall be required. (3) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local, state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. Page 8 (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8-22-2005; Ord. No. 133 3rd series, §§ 2, 3, 1-26-2015) Sec. 78-1287. -Stormwater management. The following general and specific standards shall apply in addition to those standards found in article VIII of this chapter and section 82-222: (1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters. (2) A development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (3) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (4) When constructed facilities are used to perform water management, documentation must be provided by a registered professional civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. (5) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (Ord. No. 101 2nd series, § 1(10.56(16)(K)), 2-24-1992) Sec. 78-1288. - Hardcover limitations. Hardcover on all lots within the shoreland overlay district shall comply with the requirements of Article XIII: Stormwater Quality Overlay District. (Ord. No. 94 3rd series, § 6, 9-24-2012) Page 9 Editor's note—Ord.No. 94 3rd series, § 6, adopted Sept. 24, 2012, repealed the former § 78- 1288, and enacted a new § 78-1288 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 101 2nd series, § 1(10.56(16)(L)), 2-24-1992; Ord. No. 59 3rd series, § 3, 5-11-2009. Sec. 78-1432. -Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be removed. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating the following: (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within 120 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of building permit issuance. (2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants' expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item(1)events occurs and the applicants fail to perform their removal obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the chain of title of the property. (5) Fee owner(s)of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown by his/her/their signature(s)upon the document. (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the city from and against all claims, damages, losses or expenses, including attorney fees, which the city, city council and agents and employees of the city may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this agreement. (Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004) Sec. 78-1433. - Height restrictions. No accessory building or structure in an R district shall exceed the height of the principal building, nor shall an accessory building or structure exceed 30 feet in height. (Code 1984, § 10.03(9)(B); Ord. No. 106 3rd series, § 23, 6-10-2013) Sec. 78-1434. -Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are not considered as oversize accessory structures, but are subject to the special setback restrictions of section 78-1404. Page 10 a. Tennis courts and sport courts. b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000 square feet. c. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following table: Maximum Maximum Allowed Total Individual of All Accessory Lot Area Accessory Structure (acres) Structure Footprint Footprint Area Areas* on (square feet) a Property (square feet) 0-1.99 1,000 2,000 I _ 2.00-3.00 1,200 2,400 3.01-3.50 1,400 2,800 3.51-4.00 1,600 3,200 4.01-4.50 1,800 ( 3,600 4.51-5.00 2,000 4,000 5.01-6.00 2,200 4,400 6.01-7.00 2,400 4,800 7.01-8.00 2,600 5,200 8.01-9.00 ( 2,800 5,600 9.01 or more 3,000 6,000 * Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas. (3) Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. Page 11 b. The maximum height for such accessory structure shall be 30 feet or the defined height of the principal residence structure on the property, whichever is less. c. Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period,the oversized accessory structure must be removed if no principal structure has been constructed. 2. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 3. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. (Code 1984, § 10.03(9)(C); Ord. No. 106 3rd series, § 24, 6-10-2013) Sec. 78-1435.-Location. Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. (Code 1984, § 10.03(9)(D); Ord. No. 52 3rd series, § 2, 11-24-2008; Ord. No. 106 3rd series, § 25, 6-10-2013) Sec. 78-1436.-Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. (Code 1984, § 10.03(9)(E)) Sec. 78-1437. - Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building that is conforming in location, size Page 12 and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. (Ord. No. 179 2nd series, § 1, 10-12-1998; Ord. No. 45 3rd series, § 11, 2-25-2008) Sec. 78-1438. -Crowding principal building. No accessory building, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory building. (Code 1984, § 10.03(12); Ord. No. 165 3rd series, § 1, 3-14-2016) Sec. 78-1439. - Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. (Code 1984, § 10.03(13)) Sec. 78-1440. - Exterior materials. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger, an accessory building and the principal building shall be consistent in design and color. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private road. (Ord. No. 52 3rd series, § 3, 11-24-2008) Secs. 78-1441-78-1465. - Reserved. DIVISION 2. -GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY DISTRICT Sec. 78-1680. - Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. Page 13 (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1681. - Driveways, in general. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) 'Wheel strip"driveways are allowed, but the entire width of the driveway(from outside to outside of the strips)will be considered hardcover. Drawing 1 is included for illustrative purposes. Drawing 1: Minimum Driveway Standards ) T �� II End Loadaa2 MkYMm 41�d 1 (Nn) 6rapr Dm it g14t MmM1n.i0a� xi z r Mown. (77 mow.* DMa,WAn 1 A e Maarronsad rad (2 Minuet)-i --.•1 (FdW AOK-0/-N4v i Minimum Driveway Standards Sec. 78-1682. -Shared driveways. Where one or more properties (referred to as secondary property) gain its driveway access from an adjacent property(a primary property) by virtue of a driveway easement, the following shall apply: (1) The portion of the shared driveway on the primary property that serves both primary and secondary property shall be considered hardcover for the primary property. (2) That portion of the driveway on the primary property that serves only secondary property shall not be considered hardcover for either primary or secondary property. Drawing 2 is included for illustrative purposes. Page 14 Drawing 2: Driveway Easements Encroached i / Benefitted Property % Property Law�r�f fiYipr^; S RGypr Encroached t 33 Benefitted Property Oioperty cc 1 J 4 ro terdwN& caaity.aYwoxla herewrote vown Driveway Easements Sec. 78-1683. -Standard hardcover inclusions. The following hardcover items shall be included in proposed hardcover calculations regardless of whether the noted features are proposed to be constructed at the time of a building permit application: (1) Proof of a two-car garage(detached or attached); (2) A driveway for all garages, a minimum of 12 feet in width, subject to the standards in section 78- 1681; (3) A 24-inch wide sidewalk connecting the front door to the driveway; (4) The minimum stairway or landing at all exterior doors as required by the building code; and (5) Existing hardcover which encroaches(legally or illegally)onto an adjacent parcel or parcels. a. In such cases of encroachment, the square footage of all encroaching hardcover shall be added to the overall hardcover on the subject lot; b. No credit shall be given towards the overall lot size of the subject lot. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1684. -Standard hardcover exclusions. Landscaping with permeable lining shall not be considered hardcover. Additionally, the following hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit; (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner; a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot; Page 15 b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls; (4) Handicapped ramps with a pervious surface below; and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one-fourth-inch spacing between boards and a pervious surface below the decking. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1685. -Massing standards. (1) Non-industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwater quality overlay district that have a gross acreage of less than two acres shall comply with the following massing standards for structures. a. Maximum total footprints allowed. 1. On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. 2. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 1,500 square feet. b. Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: 1. All roofed structures more than six feet above existing ground level. 2. Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than six feet above existing ground level (if any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). (2) Industrial zoning district. For parcels zoned industrial, the following massing standards for structures shall apply. a. On lots equal to or less than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 35 percent of the gross lot area. b. On lots greater than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 45 percent of the gross lot area; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent of the gross lot area will be permitted. (Ord. No. 94 3rd series, § 11, 9-24-2012; Ord. No. 170 3rd series, § 5, 6-13-2016) Sec. 78-1686. -Variances. Variances to hardcover, if granted on lots within the stormwater quality overlay district, may be subject to mitigation measures deemed appropriate by the city council to offset the impacts generated by the proposed additional hardcover. (Ord. No. 94 3rd series, § 11, 9-24-2012) Secs. 78-1687-78-1699. -Reserved. Page 16 Sec. 78-1700.-Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. (Ord. No. 94 3rd series, § 11, 9-24-2012) Page 17 PC Exhibit L #17-3918 From: Chip Truwit To: Melanie Curtis Subject: 1095 Femdale Road West Date: Thursday,March 02,2017 3:00:25 PM Melanie, I just wanted to drop you a note in support of the proposed Toles Daniels project at 1095 Ferndale Road West. Paula and I have met with Bill Toles and we support his proposal as we understand it. As you know from the plat map, the Toles Daniels property abuts both ours (1105) and the Lebedoffs(1101). If you think our lot was a challenge, the Toles Daniels lot is a real challenge. I think they've done us all proud the way it lays out, does not offend, does not obstruct, and will be a vast improvement over the existing empty lot. I am aware that the proposed house encroaches on the typical 75 foot setback. I don't really see how it could be done any other way. I also have no issue with the>25%hardcover variance. I won't be at the upcoming meetings as I will be out of town. Hope you are well. Chip Truwit Chip Truwit, MD Chief of Radiology Chief Innovation Officer HCMC: Upstream Health Innovations Attn: Melanie Curtis, City Planner Orono City Hall 2750 Kelley Pkwy Long Lake,MN 55356 RE:Toles Daniels variance request for 1095 Ferndale Road West To Whom it May Concern, I am a neighbor of the property owned by Bill Toles and Jill Daniels at 1095 Ferndale Road West. I have reviewed the proposed house and site plans and find the design favorable to the neighborhood. I am • aware that the location of the proposed house encroaches on the lake-side setback and that the total hardcover of the lot will be slightly over 25%; I support the approval of the variance requested by the Toles Daniels for these issues. Sincerely, Address: kkcc1(2 12t, k c \— M CC7 E'Wi (ccfPC Exhibit M #17-3918 M}�:,r._r CITY of ORONO . 3, ,} 1k C.) RESOLUTION OF TF{ oO�1 Y OUNCI L xCEgg.0 NO. JJ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1288, 78-1608(3)(c) AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO.09-3411 WHEREAS, Bill C. Fox, Trustee on behalf of the Katherine M. Fox Trust (hereinafter "the applicant") is the owner of the property located at 1095 Ferndale Road West within the City of Orono (hereinafter the"City") and legally described as follows: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and is proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 16.2% hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 18.2% within the 75'-250' zone where 25% is normally allowed and 14.4% currently exists in order to construct the proposed residence; and Page 1 of 6 of o CITY of ORONO va .44 1$4.2„l •444_ �6�' RESOLUTION OF THE CITY COUNCIL `4kES804' NO. 587 ? WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FLNDINGS 1. This application was reviewed as Zoning File 09-3411. 2. The property is located in the LR-1A Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at public hearings held on August 17, and September 21, 2009 and on a vote of 5 0 recommended the following: a. Approval of the variances based on the following findings: i. The property contains 55,410 s.f, or 1.27 acre in area and contains 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL. ii. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. iii. The 75' setback from the OHWL of the lake is applied on two sides of the property due to the existence of the lagoon. iv. The existence of the 100-year floodplain on the property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain. v. The proposal, at 8% structural coverage, will not exceed the structural lot coverage limitation of 15%. Page 2 of 6 441:°.-4 *^A ; CITY of ORONO II h �� �,h j �,.�G~'' RESOLUTION OF TH CITY COUNCIL 9kEBK04 NO. 8 2 vi. The applicant has proposed vegetative buffers on the property as shown on the submitted plans by Gronberg & Associates dated 10/01/09. b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare,or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants the following: a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and is proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; variances to Orono Municipal Zoning Code Section 78-1288 to allow 16.2% hardcover within the 0-75' setback from the Iake where 0% is allowed and 0% from the lagoon where 0% is Page 3 of 6 C°4 o #,_, o „, 0, CITY of ORONO 1[A.rA "A 'r ' ,A titi RESOLUTION OF TH CITY COUNCIL `gkeSg04' NO. allowed, and 18.2% within the 75'-250' zone where 25% is normally allowed and 14.4% currently exists in order to construct the proposed residence; and a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the 100-year floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone from the lake shall not increase above the level of 2,506 s.f. or 16.2% and within the 0-75' zone from the lagoon hardcover will not increase above the level of 0%. Hardcover in the 75-250' zone shall be limited to 6,764 s.f. or 18.2% per the existing conditions shown on the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Native plantings shall be incorporated into the plans as proposed on the 10/01/09 survey by Gronberg and Associates. The plans shall be planted in accordance with the City Engineer's recommendations outlined within the 10/12/09 comment letter. 4. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and b. An as-built grading plan verifying compliance with the building permit, stormwater management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 5. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. Page 4 of 6 CITY of ORONO )1krik,fA.y• Gti RESOLUTION OF THE CITY COUNCIL ` .trzsKov- No. 5 8 7 2 6. Due to the proximity of the proposed home to the lake, a natural color palette consisting of darker colors shall be used for the home's exterior in order to minimize the visibility of the home from the lake. 7 Council approval of the conditional use permit is based on the grading and floodplain mitigation plan submitted by the applicant and annotated by City staff attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 8. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed home. 10. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (October 26, 2010). 11. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 12. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording'of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26th day of October, 2009. ATTEST: Linda S. Vee, City Clerk es M. White, Mayor Property Owner(s) Page 5 of 6 (10to : _ ° CITY of ORONO ? 4 ; ,‘tttilAk 6v RESOLUTION OF THE CITY COUNCIL 44-Asito� NO. 5 8 7 2 STATE OF MNNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2009 by Bill C.Fox,Trustee of the Katherine M. Fox Trust. Notary Public Page 6 of 6 '° CERTIFICATE OF SURVEY FOR Exhibit A IBILL FOX IN LOT 9,NORTH SHORE COTTAGE ACRES HENNEPIN COUNTY,MINNESOTA 5 8 7 2' v ,r. \ \\ir\ X04 \ ' /Eh \ 20 R.L.S. I' . <1# ,-.." /' '." \ \ \sittti:4'.0 . ....\\ ____>4/ /N. . . ''. i \ _..., , .. ..::,44...„.._ , • / \ \\\. , ., .. ,,,,,,ith m. 111 ? \ ._ I Nr\ 9\ I„/ / K / OP. "(...... ... s I / TRACT -Jr,. \m� \ ' 1 i —, '/ g / . \ ;of'' Ihrizir A. ,__,,,. ,#,- •.. 7 ,m- io........ ,.... 1 ,._, ,,,,,,,,( ,, \ \ ..,1 ' , r_N. j / c't4\ • Zak / �' �' " �' \\ y` .`'r, /, R.L.S. NO. 1372 iiirdi �\-.... __i�— ' f. 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GRONBERG&A ...71 F ="11 wilsnrolusawrelsf"=. 1 ��,.r.....,mm ��,� � raU.q �"" r rr,ww.r,wwlsww. a ea�a. •�+G 4VLL.�o1R LAlO�IYIIIORB,IND�Ci•7dV.L,� C am 445 N.1MLLUN DRIVE LONG ere.n."+s7 .r.. ...rte t s? .— LAKE.95.47 5475 r.s S. PHONE 567j77.4145 FAX:Y61.4754476 Exhibit B w uil 58 ? 2: Sa E' @ z I a w ..eS •s 111 o I W u iii '3- 14 [*°- Pill r i r • V W' ° I VI 51 .0.1411.i LL II. Iii :_ :.,.' po .b♦ •o 4. ..,:::‘,.',. . : :: / �� ' \ .: ', 10 v !hi I , ...4i0,: .,i'N,},:,...>, ill r, Tek, ♦II* , ati :r? L s �� f /Wig Nk € rr liii! �1�f� it z So §DRIE 11i IIB B �_ OP i U m J 5VP ml—W o ' �u ! IW,ilC mag i9 2Pg gig' rp Ez ril 1<di; Vii ii;11 IN IP !°4 91gagl 61 ] Mig. , i...). 1 —eig qg li -le 1 * RECEIVED SEP `S 2009 CITY OF ORONO STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono,Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 26, 2009, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 2°1 day of November , 2009. �J r � 1/ L City Clerk (seal) ,dx 400 \070?,9 -p A RESOLUTION GRANTING AN EXTENSION OF THE\2" AND A CONDITIONAL USE PERMIT ESTABLISHED PER RESOLUTION NO. 5872 FILE NO. 09-3411 Iv 0 N. 0 0 CITY of ORONO S, '1+�,AM�, e, RESOLUTION OF THE CITY COUNCIL 4ICEs1.10*4 No. 6038 A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES AND A CONDITIONAL USE PERMIT ESTABLISHED PER RESOLUTION NO. 5872 FILE NO. 09-3411 WHEREAS, the City of Orono is a municipal corporation organised and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Section 78-129, David Fox on behalf of Bill C. Fox ("the Applicant")has applied for an extension of the approvals granted under Resolution No. 5872 for property located at 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota(hereinafter the"property"); and WHEREAS, on October 29, 2009 the City Council approved Resolution No. 5872 granting variances from Municipal Zoning Code Section 78-1279, 78-1288, and 78-1603(3)(c) and a conditional use permit per Municipal Zoning Code Section 78-966 to permit construction of a new residence; and WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution No. 5872 for development of the Property; and Page 1 of 3 A, : CITY of ORONO , ��� g�G RESOLUTION OF THE CITYCOUNCIL ES1EI0 NO. 6 0 3 8 WHEREAS, the Applicant was not able to commence construction within the allotted one-year established by Resolution No. 5872; and WHEREAS, the approvals granted by Resolution No. 5872 expired on October 29, 2010; and WHEREAS,pursuant to Orono Municipal Zoning Code Section 78-129, the Applicant made a request for an extension of the approvals granted in Resolution No. 5872. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension to October 29, 2011 of the approvals granted under Resolution No. 5872, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining building permits and/or land alteration permit by October 29, 2011 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 5872 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself,his heirs, successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 2 of 3 K.,.4,--(:% CITY of ORONO '4> i, lion k G RESOLUTION OF THE CITY COUNCIL 4trzsg 4` NO. 6 0 3 8 Adopted by the City Council of Orono this 25th day of April,2011. ATTEST: ice.n.i--v (/—ge... ig, Lri kai 4 LS. Vee, City Clerk Lili Tod McMillan, Mayor Applicant STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this day of 2011,by on behalf of Notary Public Page 3 of 3 01-vC).4- /4 -,:,� ,,-„ CITY of ORONO ,$4, ‘'1r<, �► .�c,tril �vo,:44._ �► RESOLUTION OF THE CITY COUNCIL '�kEsKo4` NO. 603 $ A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES AND A CONDITIONAL USE PERMIT ESTABLISHED PER RESOLUTION NO. 5872 FILE NO. 09-3411 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Section 78-129, David Fox on behalf of Bill C. Fox ("the Applicant")has applied for an extension of the approvals granted under Resolution No. 5872 for property located at 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota(hereinafter the"property"); and WHEREAS, on October 29, 2009 the City Council approved Resolution No. 5872 granting variances from Municipal Zoning Code Section 78-1279, 78-1288, and 78-1603(3)(c) and a conditional use permit per Municipal Zoning Code Section 78-966 to permit construction of a new residence; and WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution No. 5872 for development of the Property; and Page 1 of 3 .v.ci-4 o # \ o � , , , 7 Al + CITY of ORONO 4 i, i ''�,�'c. RESOLUTION OF THE CITY COUNCIL �``9$Eg804' NO. 6 0 3 8 WHEREAS, the Applicant was not able to commence construction within the allotted one-year established by Resolution No. 5872; and WHEREAS, the approvals granted by Resolution No. 5872 expired on October 29, 2010; and WHEREAS,pursuant to Orono Municipal Zoning Code Section 78-129, the Applicant made a request for an extension of the approvals granted in Resolution No. 5872. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension to October 29, 2011 of the approvals granted under Resolution No. 5872, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining building permits and/or land alteration permit by October 29, 2011 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 5872 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 2 of 3 o � - ,*,wr CITY of ORONO RESOLUTION OF THE CITY COUNCIL 'AtCt.gKOg' NO. h 0 3 8 Adopted by the City Council of Orono this 25th day of April,2011. ATTEST: //26. •J•eg.,(tittia Linda S. Vee, City Clerk Lili Tod McMillan,Mayor Applicant STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this _ day of 2011,by on behalf of Notary Public Page 3 of 3 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono,Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April 25,2011,with the original thereof on file in my office,and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 27th day of April ,2011. City Clerk (seal) /0 95" ..:? - 7A-2 11H 11 11 111 Doc No T4992780 Certified, filed and/or recorded on 9/6/12 4:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 853886D Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1120830 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305,78-1279,AND 78-1288, AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 12-3555 40.4 ., O CITY of ORONO RESOLUTION OF THE CITY COUNCIL % iki f',•�. �~ NO. 6 1 5 2 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279,AND 78-1288, AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 12-3555 WHEREAS, the Katherine M. Fox Trust, Bill C. Fox, Trustee (hereinafter "the applicant"), represented by David Fox, is the owner of the property located at 1095 Ferndale Road West within the City of Orono(hereinafter the"City") and legally described as follows: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 16.2%hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 18.2% within the 75'-250' zone where 25% is normally allowed and 14.4%currently exists in order to construct the proposed residence; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow Page 1 of 6 do(i‘-64-1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL IA <q �► ' k C.) NO. 6 1 5 2 $zsH04 grading and filling within the 0-75' zone and within the floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for construction of the new home; and WHEREAS, the applicant is requesting that the identical approvals granted for the property on October 29, 2009 via Resolution No. 5872 and extended on April 25, 2011 via Resolution No. 6038 be again approved. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3555. 2. The property is located in the LR-1A Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on June 18, 2012 and on a vote of 6 — 0 recommended approval based on its determination that the findings of Resolution No. 5872 remain valid, reiterated here as follows: a. Approval of the variances based on the following findings: L The property contains 55,410 s.f or 1.27 acre in area and contains 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL. ii. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. iii. The 75' setback from the OHWL of the lake is applied on two sides of the property due to the existence of the lagoon. iv. The existence of the 100-year floodplain on the property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain v. The proposal, at 8% structural coverage, will not exceed the structural lot coverage limitation of 15%. Page 2 of 6 ‘---( °,,,kt, �O CITY of ORONO :74 .;,,��f�„�, � RESOLUTION OF THE CITY COUNCIL �;4ro"..'•�0~ NO. 6 ! 52 vi. The applicant has proposed vegetative buffers on the property as shown on the submitted plans by Gronberg & Associates dated 10/01/09. b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district;that granting the variance would not adversely affect traffic conditions,light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant,but is necessary to alleviate a demonstrable practical difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare,or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; variances to Orono Municipal Zoning Code Section 78-1288 to allow 16.2% hardcover within the 0-75' setback from the lake where 0% is allowed and 0% from the lagoon where 0% is Page 3 of 6 • CITY of ORONO a \4 RESOLUTION OF THE CITY COUNCIL �� 1 'i►' !Mr • G NO. 6 1 5 2 allowed, and 18.2% within the 75'-250' zone where 25% is normally allowed and 14.4% currently exists in order to construct the proposed residence; and a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the 100-year floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone from the lake shall not increase above the level of 2,506 s.f. or 16.2% and within the 0-75' zone from the lagoon hardcover will not increase above the level of 0%. Hardcover in the 75-250' zone shall be limited to 6,764 s.f. or 18.2% per the existing conditions shown on the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Native plantings shall be incorporated into the plans as proposed on the 10/01/09 survey by Gronberg and Associates. The plans shall be planted in accordance with the City Engineer's recommendations outlined within the 10/12/09 comment letter. 4. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and b. An as-built grading plan verifying compliance with the building permit, stormwater management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 5. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 6. Due to the proximity of the proposed home to the lake, a natural color palette consisting of darker colors shall be used for the home's exterior in order to minimize the visibility of the home from the lake. Page 4 of 6 (iik, 0--4, D CITY of ORONO pa (ti ` . � � RESOLUTION OF THE CITY COUNCIL ,�', titi 6152 9iEs110* 7. Council approval of the conditional use permit is based on the grading and floodplain mitigation plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 8. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed home. 10.Authorities granted by this resolution run with the property not with the applicant,but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date(July 9,2013). 11. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein,and shall be punishable as a misdemeanor. 12. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. '4 se ; ^-'' , .Adopted by the Orono City Council on the 9th day of July, 2012. t'. A' �11N S tt •, o • ,- X:itZ'TJL.: / e J-;P"_ 'eI +� �- � .— • '.,''1 mda. •:'Veetittc1errk Lili Tod McMillan,Mayor t 1 Property Owner(s) Page 5 of 6 ick, O CITY of ORONO ;r ` : RESOLUTION OF THE CITY COUNCIL NO. 6 1 5 2 l ' STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 'day ofatt S�` ,2012 by Bill C. Fox,Trustee of the Katherine M. Fox Trust. () tom'.-=/_ils_llJ./lr...rJII�Jl�',f./Jy✓✓.r.,f ".•} „'�e. MONICA A.FADNESS1 r� ``( NOTARY PUBLIC-MINNESOTA a MN Commission EresJan.31,2017 i Notary Public ✓./Ire!'� ./'.i'�.:r..�r✓rf..�rl-��✓.�-,J� Page 6 of 6 Resolution tt i Exhibit A I CERTIROATE OF SURVEY FOR BILL FOX 1 , 11.1 LOT E.NORTH SHORE COTTAGE ACRES HENNEPIN COUNTY,MINNESOTA ..... \ # N // \ je...seN„..... \ • \ 2r.' \ii °24>\ Mt ONIIIIII UR/ 4741 .......jar// off '''\ \N',,. .4t4!" ,./ /• ., \ , R•I .q. ' , :.''1 ef.L_ \\ ..,--- ., ,.. // 1.\ •W' \ . 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MUNN ANOOoPOIIIIMOOR . tolargUIWOollf00.1.0 \ ...\‘ s \ .–,..... ,\ \ \ ..\. LAKE "••• • • ,' • ` , • • 'N.>.-- MINNETONKA ''',....... I EIROVATS BAY \ 1 -.^-,......., --......... A .........._ . -........... 0 ANIPIDAIIVOrfime surf..MST. 0 ,=ReArr Of PENNI Oros eine Tin Cwoofitrood Oa.7-121i3b. ..,.,-.. 04 MA pori of Lot.IL NonO."woo Wisp Moo I.41oo iimiNooko. 2.r...t7._r Mir=.1•J'lmil Isroortlemot 1 11.10:1147" of O.era*Naomi Ow ol 1.111.1...d 1.4 644447,On On- D 4C BID •t am..hog mower soul i dorm wintlej owl Omellin.own we mei Isom 911E1.tat pipirrolirunlir"limi.=• SCALE III MT His woo,Worn Is•Owoolorint IN 'U ° m glom doming Mono, 4,4t Ow 1444444.1 lofolim •ofoOlotoi Mom ma 01 prowled ol "1'11:ECINED 1 . rloill noloOmolo.,00 WO*Moe lborsa 3 low a•I Popoff 6o O...1 ob.i.•••••••011.••••••••MMIIML MT 05 2009 NAVA:Wi. ,.•,.. • - • - ..'. "Z."- ,, GRONSERS&AgInGRINNINC. . zalregoal....16=7:01 . CM INIIIMMIL LAID 4116117111M11110 PLANNIONI .... - , 44S IL MAIM CAM LONG LAKE.MN NM . ..... . .. .., ... onLoolo.~.mu T4.1l‘00." MON&.82-47%.414.1 NM 1111.4724436 ..., _. Wiii, .M.1-01_ji.um...rm./t wt. . Resolution Exhibit B i • su U � 4, 7 2 Li gz$ �W I .o Ea p r.l 'Pu IN!Pb cul' 4X0 L. . I .1y Jr i 1211 /.y�.. 231'119■s : :..N• icg i g I ;.,..". D1 A4 .W . •! iiii .. 4.,C ' „,..4r , :,,:1::i,.-:,:::::.:. 4, 1.*Tv'i 'ii.:':I:i'':,:.:i:NM . t / N Ii_ _. _ N. }ti. .7 . :' 1 ,., , F. t VI 1 4.: . .. („44. iiiii ', 8, .,:,,.t,H I j. f,3:: !JIIII P I> IIF , ilgii 5 K E40 gg B �` 1E IEE :IV 01 etii i,p41 1 fl, ill 0 T ICI !bIUC q iil PiL, � I RECE/ EC SEP -3 2009 CITY OF ORONO STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono,Minnesota,certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on July 9,2012,with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 13th day of July , 2012. •,-,1" 47.--;(1*--- • ` City Clerk • (seal) . • G O /0 9S le`wid_lZ_ A ZL.) 111111111111111011111 Doc No T05296997 Certified, filed and/or recorded on Oct 8, 2015 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1304172M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1120830 This cover sheet is now a permanent part of the recorded document. sLoAo '� L CITY OF ORONO ' � 4. RESOLUTION OF THE//CITY COUNCIL 1 U 6 4 F3 ly KKSHOotic` NO A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305,78-1279, 78-1288, 78-1680 and 78-1700 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 14-3695 WHEREAS, the Katherine M. Fox Trust, Bill C. Fox, Trustee (hereinafter "the applicant"), represented by David Fox, is the owner of the property located at 1095 Ferndale Road West within the City of Orono (hereinafter the"City")and legally described as follows: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota (hereinafter the "property");and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow Page 1 of 6 go.ro CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 4 1, NO. 'QSHOOF �' grading and filling within the 0-75' zone and within the floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for construction of the new home; and WHEREAS, the applicant is requesting that the identical approvals granted for the property on October 29, 2009 via Resolution No. 5872 and extended on April 25, 2011 via Resolution No. 6038, and extended again on July 9, 2012 via Resolution No. 6152 be again approved. NOW,THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 14-3695. 2. The property is located in the LR-1A Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2014 and on a vote of 7 — 0 recommended approval based on its determination that the findings of Resolution No. 5872 remain valid, reiterated here as follows: a. Approval of the variances based on the following findings: i. The property contains 55,410 s.f or 1.27 acre in area and contains 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL. ii. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. iii. The 75' setback from the OHWL of the lake is applied on two sides of the property due to the existence of the lagoon. iv. The existence of the 100-year floodplain on the property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain. v. The proposal, at 8% structural coverage, will not exceed the structural lot coverage limitation of 15%. Page 2 of 6 0 0 �� � CITY t ,tOF ORONO ' RESOLUTION OF THE CITY COUNCIL <6e,'A-Est-160' N O. 6 4 6 3 kES6� vi. The applicant has proposed vegetative buffers on the property as shown on the submitted plans by Gronberg & Associates dated 10/01/09. b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. The history of site flooding was identified by the City of Orono during high water flooding conditions in June of 2014. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant,but is necessary to alleviate a demonstrable practical difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare,or materially injurious to properties or improvements in the vicinity. CONCLUSIONS,ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average Lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow Page 3 of 6 lt:, g.- AT 0V ., .� 0 CITYOF ORONO At �A� RESOLUTION OF THE CITY COUNCIL NO.'a �` 'gx�sH��ti�' 64 3 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; and a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the 100-year floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone from the lake shall not increase above the level of 2,506 s.£ or within the 0-75' zones. Hardcover on the property shall be limited to 9,270 s.f or 16.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Native plantings shall be incorporated into the plans as proposed on the 10/01/09 survey by Gronberg and Associates. The plans shall be planted in accordance with the City Engineer's recommendations outlined within the 10/12/09 comment letter. 4. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and b. An as-built grading plan verifying compliance with the building permit, storm water management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 5. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 6. Due to the proximity of the proposed home to the lake, a natural color palette consisting of darker colors shall be used for the home's exterior in order to minimize the visibility of the home from the lake. 7 Council approval of the conditional use permit is based on the grading and floodplain Page 4 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yFl rPNO. 6463 KESHGN''� mitigation plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 8. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed home. 10. Authorities granted by this resolution run with the property not with the applicant,but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and CUP will expire on that date(November 10,2015). 11. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 12. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 10th day of November, 2014. ATTEST: gc1zd& Diane Tiegs, ity C14 k Lili Tod McMillan, Mayor Page 5 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO r7).-e Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of ,2015 by Ic p , T f'-e- of the Katherine M. Fox (name) (title/position) Trust on behalf of the Trust. JN6EAJFANNEkQ&I% Notary Public-Minnesota ref My C,oarWtalon Bmite.Jen 91,2019 Notary l Page 6 of 6 OF ' JR Resolution BILL FOX W4 LOT 9,NORTH SHORE COTTAGE ACRES Exhibit A 1 IIENP PIN COUNTY,MINNESOTA 1 6463 / \\P \ Nip / \\ IPA COMM lei \\\ l\ OP \ • -rs ,, 4.00 ../ 0/ ..— \ '...., 0. :.rjr......17 t ..../ , / \ \ '' '' '.1ie VISTIV:IlraiMo —4.-------"-—7 ' ' v44'.... \ IR�- 1 i /' s ` I 1 TRACT �� \ , (‘4.‘ \• Z'�+ ` ice' ��_ 041./0'' il 44, '' '// ta (' ��� lib �` ' tom\ / \ 11 ,+, , `_, .,. te. .. / ..,..,-, ......„ NO--- r / .1 .. --, e .q►,\\ _` �� R.L.S NO 1372 ol' f' :v * TRACT 9 r/ jof,..., /„,A/ � � \,...- ,. (i.:.. , ! 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PICO&fle147341141 FAX: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 10,2014 with the original thereof on file in my office .and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corpo te•sea) 'tke'City this 29th day of September, 2015. r`' r; Mane Tiegs ;Ci 0190, • /o95 Rdk 1110111011111111111111111111111 Doc No T05409657 Certified, filed and/or recorded on Dec 15, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1491894M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1415449 This cover sheet is now a permanent part of the recorded document. . . CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6679 'ktsHO't A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES CONDITIONAL USE PERMIT ESTABLISHED BY RESOLUTION NO. 6463 FILE NO. 14-3695 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78- 918, William M. Toles, a single person (hereinafter the "Applicant"), the owner of the property, has applied for an extension of the approvals granted under Resolution No. 6463 for property located at 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota; (hereinafter the "Property"); and WHEREAS, on November 10, 2014 the City Council approved Resolution No. 6463 granting variances from the following Municipal Zoning Code Sections: • Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; • Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; • Sections 78-1288, 78-1680 and 78-1700 to allow 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; And also granted a conditional use permit pursuant to Orono Municipal Zoning Code Section 78- 966 to allow grading and filling within the 0-75' zone and within the 100-year floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home. • 414 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6679 1 NO. _ I"TkfsHov-' WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution No.6463 for development of the Property; and WHEREAS, in 2015, per City Code Sections 78-129 and 78-918, the previous owner applied for and received a one-year administrative extension of the approvals; and WHEREAS, the Applicant purchased the Property in 2015, and was not able to commence construction within the allotted one-year extension of the approvals Resolution No. 6463; and NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension until November 10, 2017 of the approvals granted under Resolution No. 6463; subject to the following conditions: 1. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining building permits and/or land alteration permit by November 10, 2017 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 6463 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant, the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the Property. 444apted•by the City Council of Orono this 10th day of October, 2016. ATT ' i" /Coq& T,0S,Nt,ity Clsrjc.i'' Lili Tod McMillan, Mayor • • •i‘.0N0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 7 9 rf rbperty Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this 5 day of D�Ce 122-A<_ 2016, by William M. Toles, a single person. ' ocyc., Notary Public 3 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota,certifies that I compared the foregoing was adopted at the meeting of the Orono City Council on October 10, 2016, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporiitp:seiikttthe City this 7th day of December, 2016. •• ' � •yam t+i` • i'I � Diane TieOsp.Gif CI4V.p 1'4:4 : `',' ,,%..•`.J,; q 4.1k1 • t , � •......• 4A4.t :4 _ PC Exhibit N g0k #17-3918 CITY OF ORONO y # Street Address: Mailing Address:ItilliCTelephone(952)249-4600 G 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 is Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us ikESHO' 15 March 2017 Jean Rehkamp Larson 2732 West 43rd Street Minneapolis, MN 55410 RE: 60-Day Extension for#17-3918 On February 22, 2017, the City of Orono received your application for a conditional use permit and variances for property at 1095 Ferndale Road West. Your application is considered to be complete with an initial 60-day City review period expiration of April 23rd. Based on our conversations, changes to the plans have resulted in a delay in the Planning Commission's public hearing until at least the April 17th meeting date.Therefore, the City hereby notifies you that it is extending the time period for City action under Minn. Stat.§ 15.99,subd. 3(f).The review time period Is extended until June 22,2017. Submittal of the full set of revised plans is required to be submitted by or before April 6th in order for placement on the April 17th Planning Commission meeting agenda.Please reach out to me if you have any questions on this matter,952.249.4627 or mcurtis�a ci.orono.mn.us. Sincerely, City of Orono / 4/4 Melanie Curtis Planner Copies via email: Jean Rehkamp Larson Travis Van hiere Bill Toles PC Exhibit 0 #17-3918 RUN DATE:0210212017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY'OWNERS LIST) PAGE:I 38 02.117.23 43 0007 38 02-117-23 44 0029 ERROL J CHUGG EDWARD FEIWEN WANG 1080 FERNDALE RD W 980 FERNDALE RD W ORONO MN 55391 ORONO MN 55391 ERROL J CHUGG EDWARD FEIWEN WANG 1080 FERNDALE RD W 980 FERNDALE RD W WAYZATA MN 55391 WAYZATA MN 55391 38 02-117.23430011 ERROL.1CHUGG 38 ADDRESS UNASSIGNED ORONO MN 00000 ERROLJCHUGG 1080 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0020 1 G&S M LEBEDOEF 1101 FERNDALE RD W ORONO MN 55391 JONATHAN G'SARAH M LEBEDOFF 1101 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0021 LUCAS DLTOR'ELIZ.ABETH DETOR 1065 FERNDALE RD W ORONO MN 55391 LUCAS DETOR ELIZABETH DETOR 1065 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0023 WILLIAM NI TOLES 1095 FERNDALE RD W ORONO MN 55391 WILLIAM NI TOLES (TO LURIE TODD LIFSON 2501 WAYZATA BLVD MIN\F,APOL,IS MN 55405 38 02-I17-23430026 ROBERT BROOK&SHARON QUINN 1165 FERNDALE RD W ORONO MN 55391 ROBERT BROOK&SHARON QUINN 1165 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0029 KAREN E MCCOURTNEY TRUSTEE 1055 FERNDALE RD W ORONO MN 55391 KAREN E MC COURTNEY 1055 FERNDALE RI)W WAYZATA MN 55391 38 02-117-23 43 0031 D H GESME JR&L.E GESME 1070 FERNDALE RD W ORONO MN 55391 DEAN H GESME JR LAURA ELOIS GESME 1070 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0033 C L TRU W IT&P1 PICARD 1105 FERNDALE RD W ORONO MN 55391 CHARLES L TRUWIT PAULA.)PICARD 1105 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 44 0028 THE NATURE CONSERVANCY 38 ADDRESS UNASSIGNED ORONO MN 00000 NATURE CONSERVANCY 1101 RIVER PKWY W STE 200 MINNEAPOLIS MN 55415 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. PC Exhibit P Hennepin Hennepin County Locate & Notify Map #17-3918 Provided By: Resident and Real Estate Services Date: 2/2/2017 02-11 -23-31 02-117 4 02-117-23-41 1 02-117-23-34 a 0 -2 5 � {DKK by 11 2.3.4 14x . (02-117-23-34 02-117-23-43 02-117-23-44 11-117-23-21 11-117-23-12 11-117-23-11 11-117-23-21 11-117-23-12 11-117-23-11 Buffer Size: 350 feet 0 120 240 480 ft Map Comments: l t ' I I t i I For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us Item 6 Date Application Received: 03/15/17 OA, Date Application Considered as Complete:03/15/17 r VO 60-Day Review Period Expires: 05/14/17 y To: Chair Thiesse and Planning Commission Members Fr �� Doug Reeder, Interim City Administrator 4kFSHo4s From: Melanie Curtis, Planner VrOG Date: 17 April 2017 Subject: #17-3927, Nathan& Beth Brandenburg, 825 Forest Arms Ln, Variance Public Hearing Application Summary: The applicants are requesting an average lakeshore setback variance for an addition to the upper level of the home. Staff Recommendation: Planning Department Staff recommends approval. Background Structural improvements must meet all required setbacks;on lakeshore properties this includes the 75'setback and the average lakeshore setback.The average lakeshore setback line is determined by a straight line drawn between the most lakeward structural portions of two adjacent/neighboring homes. Based on the neighboring home locations,the home on the subject property is entirely lakeward of the average lakeshore setback line. The applicants have applied for an average lakeshore setback variance in order to conduct structural improvements to the upper level on the lake side of their home ahead of the average lakeshore setback line. The proposal includes construction of a 780 square foot expansion over the existing garage within the existing footprint of the home. A 6'x 7.5 portion of the new 2nd floor area is proposed to bump out over the existing deck, however structural coverage and hardcover levels will not change. LOT ANALYSIS WORKSHEET Section 78-330&78-1279-Setbacks: LR-1B Required Existing Proposed Rear/Street 30' 73' No change North Side 10' 38' No change South Side 10' 37' No change Lakeshore 75' +180' No Change Average Lakeshore The existing home is situated entirely lakeward of the average lakeshore setback line. FILE#17-3927 17 Apr 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 55,025 s.f. (1.26 acre) 206' @ 75'/235'@ OHWL Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 55,025 s.f. (1.26 acre) Allowed: 11,005 s.f. (20%) Existing: 2,776.6 s.f. (5%) Note:The Structural Coverage regulations were amended by the City Council on March 13, 2017, raising the limit from 15%to 20%of the lot area. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 55,025 s.f. 13,756 s.f. 4,495 s.f. 4,495 s.f. (25%) (8.17%) (8.17%) Applicable Regulations: Variance (Section 78-1279) The entire home on the subject property is situated lakeward of the average lakeshore setback line as determined by the two adjacent neighboring homes. City Code Section 78-1279 requires all new structure to be located at or streetward of the average lakeshore setback line.The applicants' addition is proposed to be constructed over the existing garage,and will encroach no closer to the lake than the existing home. 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. FILE#17-3927 17 Apr 2017 Page 3 of 5 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 requested average lakeshore setback variance is in harmony with the Ordinance as the properties along the channel generally face the channel frontage and not the lake itself. Therefore lake views will not be impacted by the proposed addition. 2. The variance is consistent with the comprehensive plan. The variance resulting in a permit for construction of an addition to the 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 over a portion 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 entire home on the Property is located within the average lakeshore setback area;the mature vegetation and topography separate the Property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The neighboring home to the north is set back further from the lake than the applicants' home; the curved channel frontage and the location of the neighboring homes closer to the rear/street lot line result in the severe average lakeshore setback applied to the Property; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit an addition over a portion of the home 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 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 additions to the residence are 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 setbacks of the neighboring homes and the curved channel shoreline (lake frontage) is not in character with other lakeshore properties on Forest Lake. 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 road and are generally in line with each other. The curvature of the channel shoreline and the location of the lake proper at the FILE#17-3927 17 Apr 2017 Page 4 of 5 southern end of the channel are conditions unique to the property and the immediately adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The home cannot be expanded in any way within the setback without variances; 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 topography, the channel, 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 The property fronts on the long channel on the north end of Forest Lake and is disconnected from the lake proper. The configuration of the property along the channel creates a unique situation regarding the view. Most of the homes are situated primarily toward the channel. The neighboring home to the north at 815 Forest Arms Lane is set back further(closer to the road)on their property than the applicants' home. 815 has little to no direct lake views over the applicants' property;their home is oriented to the west. The neighbor to the south at 835 Forest Arms Lane faces southwest toward the channel. The properties along the lake side of Forest Arms Lane have deep lake yards and the homes are situated nearer to the street than the lake. The depth of these lake yards combined with the curvature of the channel shoreline result in difficulty for the property owners in identifying a conforming location for structural improvements to their properties. Additionally, there are mature trees separating the applicants' property from their neighbors which will likely screen most of the views of the addition. Engineer Comments There is no grading or site changes proposed;the City Engineer has not reviewed the plans. FILE#17-3927 17 Apr 2017 Page 5 of 5 Public Comments Supportive comments from neighbors have been received;the comments 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 Planning Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. Neighbor Comments Exhibit H. Property Owners List Exhibit I. Plat Map PC i Exhibit A #17-3927 City of Orono MAR `Ull Variance Application CITY OFORONO Street Address Application# / 7— 3 ! t 7 iO A ,O 2750 Kelley Parkway �/ Orono,MN 55356 Date Received: -3- / 5-- / 7 Main: 952-249-4600 Staff: M fax: 952-249-4616 Fee. $$77001:40/ /7C$---2,350:A7 700 j y Mailing Address' S P.O.Box 66 Escrow: $700 / $2,500 F L> Crystal Bay,MN 55323-0066 `•kEs Ft OV't Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 825 Forest Arms Lane DESCRIPTION OF REQUEST: Please see attached. (attach additional sheets as necessary) APPLICANT INFORMATION: a check here if Applicant address should be used for billing Applicant: Nathan andBeth Brandenburg Phone(Primary): 612-337-6114 Mailing Address: 825 Forest Arms Lane City:Orono ZIP: 55364 Email: nathanbrandenburg@siegelbril.com PROPERTY OWNER INFORMATION: CS 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 em ' Applicant Signature: f :::t�� �J ,, Date: -%�j --2.,..%�-• Applicant Signature: Wil li- Date: 7 -If" )"Of 7 Property Owner Signature: .-----77z4 _, Date: -3 -t S--z....t'-- Property Owner Signature: eat �1 t /(C Date: -I r Variance Application-January 2017 Page 4 * 3927? 7 RECEIVED LIAR 1 5 2017 Variance Application Addendum CITY OF ORONO Site Location: 825 Forest Arms Lane Description of Request: We are seeking a variance from the average setback requirements for purposes of constructing a modest addition of approximately 780 square feet over our existing garage pursuant to the enclosed plans. The addition is to add two (2) bedrooms and a bathroom to our home.The addition will not increase the footprint of our home as it exists today nor will the height of the addition increase the overall height of the home. ; ..sfrr 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. Nathan Michael Brandenburg Beth Margaret Brandenburg First Middle Last 825 Forest Arms Lane Address Orono MN 55364 612-337-6114 City State Zip Phone I unde - and my rights as stated above. Sig ature RECEIVED Variance Application—January 2017 MAR 1 5 7011 Page 14 ` ? er. 3 (� CITY OF ORONO • PC Exhibit B #17-3927 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." The use of our property as a single-family residence will not change in any manner. 2. "The plight of t Ian owner,is d to_circumstances,unique to hi property not created by the landowner." We purchased our home in 2014.PIt was built prior to the adjoining residences and is on the outside of a curve in Forest Arms Lane, thus creating the average set back Issue. 3. "The variance, if granted, will not alter the essential character of the locality." Our neighborhood is comprised of single-familyresidences. Our home with the addition will remain well within the character of the existing omes (and the character of our home as it currently exists). 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable. 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." Not applicable. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located.' Our existing use as a single-family residence within the LR-1B zoning district will not change. RECEIVED Variance Application-January 2017 Page 7 MAR 1 3 Lt]I 1 ". 3 t'. 4, 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." Not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Since our home was built prior to the adjoining homes and is on the outside curve of Forest Arms Lane, the home sits within the average setback. 9 "The conditions do not apply generally to other land or structures in the district in which said land is located." The conditions necessitating this application are unique to the location of our home. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." We are requesting the variance for purposes of the addition to allow the home to better fit our needs as a young family 11. "The granting of the proposed variance will not in any way impair health,safety,comfort,morals,or in any other respect be contrary to the intent of the Zoning Code." The proposed variance should not in any way impair health,safety,comfort, morals or be in any other respect 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." We are not able to undertake any portion of the proposed addition to our home without the proposed variance Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): RECEIVED Variance Application—January 2017 r'AkR 1 ' 1017 Page 8 f k w CITY OF ORONO AS-BUILT SURVEY FOR: Exhb t C usE HESTIA HOMES #17-3927 005c. 140 \ \ \ . / � \ \ \ . i / ,- \ \ \`\ �is ...-._ii ".''�/ / \\\ Approximate Average Lakeshore \ \\\`\`\\\\ \\ / '/ �• L=116.56 Setback Line \ `\ \ \ \ ,,' T��, A=35°08'57' \\ \\ \\ \ \ v_-_�/ .... �tkpC)%, —�T- R=190.00 (based on aerial photo) \\ \ ..\ i`:3'�ct„-v: \\oe\J i C.BRG4.538°34'34"E \8" UA\ .74 „ \CED• I �t l 0,616/ t \ \ \ \ \ `\ \ \ \ \\ \\ Al&\ • �\ .3� 111111tI kr -��� `-',\ \ ` \ \ \ \ Illt\ s \ 200 \\ \�\ \ \ \\\\ \ 1\ W MEND\ o" 'OAK y 1 •< 928.6 \ \ \\ \\ vv.\\ \ \\ ,,'1\` Ai EA\` \ sQ ", pGs . . / 1Q,, • \ 1 \ \ 1 \ \ ` \ \ \ •\ \\\ •e+s �\ \ •\\ •\\ A 0 I. */ i/ \ \ CNI 1 \1 \ \ \\ \ Ct\ \ •\ \ \ 9_ r- —/ \ \ -- ----..„4.. _ 4 .. b7",2 \ \ 11 \\ `\ 'Q\) \ •Rpq 1 30�5'/9,S� fes_,=— /1'""// �\ \` Z/4'47Sj.p �oy \\ \� \t\ " \ `DDS \\ \\ ` \ N \'1 `�_--/ �- �.\ 1\ �\ \ SF \ \ - �✓ \ \ b no 928.9 \\ \ SG\ \; l.�- \\ \ $' `. . . - \ \\ \ YC • i— \ Z 0-% \� \\\\ SRA /' \ C w �\ \� �\ �� y \ \ VW0�6 E \ ?�� moo\ \\\`\ \tiF \\�'`-` \\ ,�� Q' - // , O�1 \ �5A F \ N. _ =� / � � •`\1 1 L: AL DESCRIPTION s 928.8 \ •\\ � . � _ LOT,o , LOT 3, BLOCK 2, �� --i s,7 s.F.`�-� \\ ;\ ,( '�O�\ FOREST ARMS \ \� \ HENNEPIN COUNTY, MN SCALE: "=40' yst \ \ sr.)„ 928.6 \\\ \ \\ i 1 \ o . ! <- ` \ \ \ \/ 9S \ 'q�,1\ ., ? •28.6 `r �;� / DRAWN: in I hereby certify that this plan, survey, or report was rinitilL 7 928.6 prepared by me or under my direct supervision and J.W.D. ALL-METRO co that I am a duty registered Land Surveyor under the CHECKED: -1 DEVELOPMENT CONSULTANTS, P.A. cn laws of the State of Minnesota. !! )) T.H.V. — 928.7 C f V SURVEY SURVEYING a ENGINEERING ° SITE PLANNING z fTi!)72• i `�E��' - l k31': 7111 West Broadway d �/ Suite 201 Tele (612) 566-8487 3 Reg. No. 12ZS f Date'3/fl 9Brooklyn Park, MN 55428 Fax (612) 566-8517 4. SHEET INDEX Below footings:Ary compaction be..to SLABS-ON-GRADE: A•9` -;l E • Al SITE PLAN,LOWER LEVEL PLAN&STRUCTURAL STRUCTURAL AL TITS anginalsubb-graee elevaien shall ne with good `�gY77 let Dl DEMOLITION PLANS quality IS SP1 Performanceomco ize sh shell mala adequate .Compact 8'm lY Rbm88%a vimum pr n'ke ended: moot A2 MAIN LEVEL PLAN FOUNDATION acne.unless cracks.The Idlowkg •M am on 'why.un._,nd.tl � - p EXCAVATION SAFETY'. n system ,• - .�� 1 o WNtetr AR L,hi req..gr... via ( ytlmnc Corrector responsible i Soils bore. 6 A a. A3UP LVL LA net 1.wnl ARw.L.+l ,y aq re.a I Ilk,m,nN 1 ii Ifni BtvMNtl OSHA 2e GFR Part 028,Subpad • A4 EAST ELEVATION EXISTING AND PROPOSED P.-Exeeval'wrn6TroicM1ae •centro. s above. w lruf+ SAlAa i lo Relnrci p 8 6 x 8 1 RS.Support 0011 aNdd AS WEST ELEVATION EXISTING AND PROPOSED app tabic.ASTM it 85.nimumcnch H E c N. a A D N D R. MASONRY CONSTRUCTION' approved rags. 'M1 A6 NORTH/SOUTH ELEVATIONS EXISTING AND PROPOSED ARCMATRU(TUREh a 1701-11 e,, one " (NEN ATER HEATERI BEDROOM st.ta.d shell conform mall pmvleion.agcl •Omit ohiy with owner;and architect's .�� SALA ARCHITECTS A7 BUILDING SECTIONS E3gerw.r,Co.Rees aeaR.e,elSpa-lrali«, aplvrei • 5011 QUM ITY' le Woof,SnMuex tern. . . I .COM .Alternate:With amh«ts approval.flor ® Marries: mesh may he suhiSdsa40 .....1www`Ionel6.6":"&°6asoA •CMU bASTM Cpm,7normal • ' repo,mwnnewq_fiy'he.hegroaned weght concrete Nak.Fm=1]00 psi '"°°".6'Y m3prASTMCa}BDeO MINNEAPOLIS lU by...nig. •Concrete compmsbn WY:Sea statu7 612.379.3037 •Steel reinroreirg MrsASTM A615.grade framing`Otee under"...I rape.. NEXCAVATED UNEXCAVATED •MRC MEN R.1.1.1:Presumptive babee`- I ^t z,TF F 612.379.0001 60Fy=80,000 psi.ng values a foundation materials V 326E HENNEPIN AVE#200 Footing design stand.roe this project:All •Morbr:SMA conform to Proper-Pon Specfi- Flo PAO FOOTINGS: • F20 PAD rm ) cations of ASTM C270. MINNEAPOLIS,MN SSI I9 brings have been carne a d gnsa to . Minromad m_onrY TYpa TA'. Fm- _. '1 1 meat Ne code sa re of Reinforcing 0M4N11•11tPlace bars on ap 1500 PSF SOi been 281q pa. s. __ .�. ETI LLWATER rg cepc proved chin 3 irohea deer from sal. teV • Sal wflesa a ban :Ag d ually •• Unniaorud masonry •Below grade and exterior exposure: Mark Fe..aM&reinter.: i 651.351.0961 her on minimum 2000 PSF soil,defined F 65L 351.7327 r---.. aorto.NM onto cleysY Bend silty gravel , Type S F .28110 psi. whh 121 g5 bottom bees each wrY E E R alt fl 825 FOREST ARMS LANE A •Ab grad•or Interior masonry: I I 90d SOUTH OH STREET % �•.A•`_• ..... •_ --.I• •1 ...TR val. Type N.Fm=3050 pal. FRO 1'$x 1$x 8"deeD X CISE N oIILJII $1LLWAIER,MN 55082 1 • ....... CortrMa^e act one •Gro_ASTM C479.Mntrnum Fp 2000 psi. with 121 p5 bottan leve each waY ^^1 IRAO 0 % •�• 1 rale-•-•� I •Prior to construction: i h d •SIumP 8'to 11-par ASTM 6193. _ artxrixM ea report contractor should FORTING WM L FOOTINGS 4. / s lam M o'°7 bears primary reMASONRY SQUARE PIERS'. EaK _ - _ _ i ! pwnipWyb lea...bons. herld Where new wail Noting need ex..looting, TN6 DEIX mi •...ng stl n: N coarec,a s Do. "brcig 5--rto lmnrg. bear at same ebveMn alto dowel together wan tW1pRlL 6 SiFP 'I �-- •. % de s.s, n excessively R)H les me big. Clayey silty Y or any M1a soil Writ Mrs..&....NI., •I' tel naw masonry wall 4.into existing wall - i ...ions, h poor 9 aM fill panic M12 12'by i 12'masonry pier:(1)fly v«Ocel win 2E M I long reinforcing Mrs IP OMRmoi, \ -_Q soil faro he be n u M1adrt granrtl are. Oc.(slams mortar pin.)..Owner's ac9 II quality dour. / I «.m nwia own a ...red ao ,- • - fSOIL,, ,,RATION to et t 50 parca ' -snI to a healed space bminimumeer nmum ...al...Don:Remove sags down to sub .S.ARC Tads R40I.2.M.p. SII below Inch grade unless code / 'j gond Mairg ekvlare. •All eine o"9Me&alai F=4000 Se, autlerAY approves bas. % Additional excavation If mnmum NOD PSF Frost exposureContractor to provide ode- eoile decrAad above ere rat anoun •See also MRC Tele R41I .s.c,d,e,I. to Note.hidings and al other % I babl s,dgrede elevation,cortrec rer...Ng Mre:ASTM A615 grade 80. struck.from hon damage tlunrg co_I,uclim. ma Altecarry rnately,ccontractorP1 uare / I ,directed by soil engineer. may proceed as MOST RECENT REVISION:6 February 2017 / I / 1 ® LOWER LEVEL/FOUNDATION PLAN i • 1 • SCALE:1y8• = 1,0" 1L1 / / j I STRUCTURAL N()Tf4 warrarM,express imp..., ma.renter« L Ilei/ V�1 A j/, ' I VL BFAMS. NEW 2ND STORY li�� FRAMING Minimum design.„„...:2600F0,BE« o a ��%II %I�� DESIGN RFSPONSIBII IN:%%r�/-lI gu�EA TRgR �/fir•/%IIIJ / 1 Stmeturni ergneer Respire.for deegnm Multiple DIY lamina.veneer lumber'FMen together I.ma /,i�.rl� 60.FT. 11 Iii % / I WemENwae F/twx 6Nxing water-*rn_Mamaand water Weather rewire.. 111111.11111111=11___T____ O W A::Dc.1.,Wen:L m.l 8 laottnga-to err*miM in lotion of chef Weather pn i AS LVL should T (10) h/ I I No..'\VI SSS N•J ... receive a factory neted COMMON.:Responsible for all.er structurewaday.Water*by applied mler I g �I I I T ../ ' SALA.ININ *N.specified on structural drewirge. r y G 1 d- ' ,_I ARC HhiRUI:TUItES&Val-17 F l3oa AND wIN1X1 AMRr �� I I J / III'' IIIIIIIII cFXISICOD`TIaNS: ester -II��IIIIIIIIII1 RRA V each pa`a.ted wimJ11)toe nail® -- existing xiorto n9contl' oM_a Ml verify 16'oc. •� I_©i N / rill m j S_accompanying letter a certification. a d tiro irucU.b pride with M.. J..'...Mlon. Illu��-..- L11 / I�o:li (12) CONSTRUCTION STANDARD$'. mchxexisti«t erg erginfer fair ',gncmmd J221 �ypulH 2x4 bkn at nn•jg112x0a.•s stud tud 111-IIIIIIIII, Bu M lop csa•.Con...Mal M in_cord J228 110407Typicael 111010openiMil In Lr6 stM wall: / , , 7. I with al shudual provisions of the currently WOOD CONSTRUCTION: (1)bel knme`•1112x9N,g stud / w ' adoprad Wnnesa•R_IdvrtNf care uMRCP, Stantivd.Stow conbrm.el pmvreioe a �� �I, N_appl.Ne local toad_. ANSUAWC NOS National Design Specification MINIMUM BEAM BEARING: ;5 -'�Q� 1IIIill r % I Beet practises:All woe atoll M of custom ler Wad Conwucfon. L/iBear full wish a beam on full lnmh 6 length dquairy. rg Io beat prectb_of tie tsd Dimerulonal jambe: N 1� �'x- Vy Oarts manufacturer product ecommeadetbrre. •Typical:Shall hi h2 SPF a betterp f slob, o l«tra�fe n_n mdopa %F i- A fr MW/ (11) •Wal Nub'.May be ats 9md SPF. SPECV.L REAM r',ONNE(-.TION£: $^�-�iEI .DM, ,£S cmNp Msse Z z % i 485UMFRRFSIGNLOARS: •Bolts:ASTMA302N-1113 '0 PiTIX. rCOrIrAR[RIXa w o 0 9200Ma - •ll•CONSTRUC,pN % Winel • loads EMke stut b d_gn.ler •High strength screws:Where swinged on egUM bee connaclio`or''',".,,„,- minimum j21.hive... 'read by den canned weed lo wood eith L ggo�. may�appea al Ince 111 . 12)2 X e % Minnesota Residential Code. _ g strength `ewe. - e mor post con 7 I:.R' l:w" L!1 O Roof snow load:Snow toga d_ro or rection le regi 1212%6 ! '•I / ' dpos9 from upper cool and/or tl Reg his Leen L RF F P45E0 LUMBER- •Contracror pare 4x a beam support glom! 1) 00 / I rogadder to uribrm crow bed below_ 1V1p.on perm..,engineer may M N I v egaretl try code. Interior conditions.All sutuel wood pro- fully on Gnawing_ / I Floor bead load, sheathing.gaming. ducts_posed Io nbw moisture condRio_, a - 21117 • • 7 -reuletion,mecM1enbal,ac.,W no 11rbkaa such_any wog n erect torted with con *acted b_ebtace. l I--- /� I Z / I stare,mcrete a 9ypc`de.Contact engineer 4 crew shell he basad M sodMm pie. SHEATHING STANDARDS:otherwise Decks aM cine,exterior corxtelors-.Shill he s4 T / j Deaton load.: mnmum R2 ceder.«paean...ir_tsa R2 All rod,boor.fart anterior sheathing shill bear X 2 L BE.SUPPORT 1.Wired roofs: Brow bed 35 prof Souterri Pine.S.architectural M actual the APA ebmp: r e i.e. / I Deetl bed'. 17_i pcM_ •Pty..:APA PS1,_posure 10f atrn«. Steel connector err treated wood All.teal •OSB:APA PS2,exposure f or eerier. 'E i I 2. re None retia.bale.hir6lers.etc.ehiR hi,,,,,,,,m,,,,,,Floors: a • bed 90 oro appro ed ay ma Wa tuner M _wits Nailing wflem SM1eeming to rafts,pat v Stud • / I Dead kv11: 15 pf arsenic-_preserve.heeled wood. •Panel sage.:Sot a 6-o.c. M / ThiceeN... NoneConcrete, Nae ADVANCED FRAMING. •All other suppers:8dW12•oc. ® STRUCTURAL UPPER LEVEL FRAMING PLAN Overa / -_ • _ - Live.. , None F«this project.the blwnp reoommeedtion ROOF SHEATHING: SCALE.1i8" = 1'0' pal / ---__ __ 3. Deck: Oeatl bead'. 65 pail Guitle has beenea«rimadelsa. Corea action r t© ',mg...rade anti thkkne_: I P None ••16"o.c,spacing:32,18,15"32'. Where pose.,single pry h...hes been / -_ _- I avers •ap_ifiM aextaia doorl window apenirge. •29"o.c.spacing:40120,1&32•. N / 219.95 __ -- STRUCTURAL CERTIFICATION- �T.14T y)'j I PRE,NGINEFREDWOOD TROSSFg: SUBFLOOR SHEATHING: 012. 11)2'10 N / __ -_ __ _ __ j C tent i.on is Wwbed f«structural design to • -_ •ea iMicemd int_a dpe`lifiaaeon. FeMcetofs actor:If final truss layout arenas Minimum Ming and thickness: • �„ Theromreeporuf«con hon'Mal ... d MPTP W' •16'o c.spacing:46124 2r32'. __ amnion.1 accord.1.1 the a_ de ratdesigndesign. diaw2g t 09 F°°' f.....'I •29'o c spacing'61732 716-. / I me wahercetron N`agreed M any mod' ......e I JB9g- Floor saM1eeNe:Sha conform to APA AFGOt. NNN Rcgora Actual deign. •T drawing she Id M lead by e / registered engineer. Thickset the flows.Max.16 o.cjos spacing. o I ENGINEERING STANDARD OF CARE. •Cross bracing must be shown on erxtion dEW \ / I tu wing. EXTERIOR WALL SHEATHING'. _ I ! . \ TM smMVL care M ell erg- Contra. i :Prior 1 lebd frets r ' j „,,,.„.,,,,,„0_,„,„,,prop. hall vaiN al trues d" to at eith as- ..............thb_u: W; Y Ii'u •1662Co c spacing32/16,1YJ . •byspaHo �.b mro_ere. I IDATE / \`\`- /r w Ir-1.10,--. , A/ai;sterAOERLDowtlop DESCRIPTION _ .f....;.. "="pRET DOon POSTS 6ELOW�' 09 JO 16 Eq.. % -------_--- ! ' O1/D6/17 MD/ESTWATE YT Mx Y1 T -----------------' ---{-- c • & ' • f,'.< EXtiTNGIa,F R/12/V REvgw/REVISIONS r I 9v_9/17 REVIEW R ME = 03/./IT NR 117 „2X6 D2X,D •Gr •‘•` ' ___•`•_ri�.eee•1 1AUSSEE-�I l••''I TRUSSES PROMO NUMBER •••`� 1+9= EMERSION _ 16066 •` _ • iX PROJECT ARCHER ` • _ . DR E1TNOF D Rae PRAWN - - DRAWN BY PB •` .•r.. FORESTIAKE < X ) .:,...A••we•~=•w ac. SITE PLANSHEN� Al ® SCALE I• =20' ROOF FRAMING PLAN rR.•..e.R VC SCALE1'-0' ,,,,, • (7,___ �n REMOVE BY t ; Q NP VAN aBTDBF, • g 1 B I I �I In I CII II I ; I (-:nal SALA ARCHITECTS 1 IJ SAlAA0.c COM 1 �drlw II I II BEDROOM /� i�`, F P,P Y 1 I BEDROOM MINNEAPOLIS9.3037 ,1/�—lJ`'` P-J � � T 613.3]9.303] I F 9.0001 I (--- 336 E HENNEPIN AVE#300 1 MINNEAPOLIS,MN SSIII I 1 STILLWATER T 651.351.0961 F 651.351.]33] 4 A R A C E 904 SOUTH ATH STREET W REMOVE 8 WAU. - STILLWATER,MN SS082 - / L LI . o .: ._ ITCNEN DININGLIV ,ROOM .T EXISTING DECK STEPS NOM,r V) NECESSARY TO GRACE i,jllILii1 '—TIi DW FE Li BOY. H Ln o--- B DECK 1 - iliQ z b � o W. L z o 0 N O STORAGE EEL Y 0al 1%1 O B 6 z 6 ® MAIN1/4' LEVEL DEMO PLAN SCALE: = 1'-0• J I /''� REMOVE EXISTING GAWK ROOF FOR NEW ADOITON CLOSET Rt_RII•mm ❑ BALCONYI .-- i AI REMOVE WALL I RELOCATE 31'TOP 490c i.T R F TO MAIN BATH �Y - R / FRE L0,w �R' �� B Tr BFDR'ONO w DATE DESCRIP1PN 09 30 16 EXISTING T, 01/06/17 IND/ESTKUTE SET AIL NI L 01/1]/1] REVIEW/REVISIONS T 01/]=/1] REVIEW I�I \�_J o3/Ie/19 PERMIT IN KEY N PROJECT NUMBER 16066 O _, /, / + PROJECT ARCNECT -,-,- -, 5 RANA,Au UPPER LEVEL DEMO PLAN• SHEET Di ® „,R„De, IP FNI „w., SCALE:1/4 = 1'-0' SS S NEW WINDOWS MO DOOR TO nI �jyBE PELLA ARCHITECT SERIES Noo,wINGTv0 ENEW TUB/SOWERTING CASEMENT.Aw»GAND NwNG SALA ARCHITECTS MEW OH COOR FOR6 VC Loc 0.0 P ���777 SAIAARC.COM NM WINDOWS NEW ww0w I' L'T1 x L MINNEAPOLIS If I 7612.379.3031 RELOCATE SP.a 331'TW FROM / xF \ I 3612.3]9.0001 BEDROOM TO F Ex. I Nw vnER DooR 326 E HENNEPIN AVE#200 PROVIDE KwBECABNE'f TO FR ® I nsTrr,aPEr�G MINEAPOUS,MN 55414 ",r(RLEMOVE 6.«n) BEDRO O M BATH i ,, UPDATE ALL NOLLVVORK TO MATCH ETILLWATER 0 EA.LOC. I NEW CARPET NEW W0O0 FLOOR I (MOM IOEFT 651.351.0961 NEW 0009 e\/^1 I r N OFFKF.BEOROpI6 BATHROOM 3651.351.7327 TOLL, EXISTING LOCATION REFE N T R FLOOR I 901 50019 TTX STREET I $iLLWATER,MN 55062 ELEC.vpNFL-� REMOVE CEILING TExnnE I OFFICE/ E FOR SMOOTH MSN-PAM F BEDROOM ' I NEW CARPET t F REMOVEC6 IRO61wAu Ex' FNSNAw00U BOOR ,E.,-' FOR 8 AVE CERA.TEXTURE MSM-PANT Wir*" r- tea y7+II 5 N U \ MEW WINDOWS GARAGE GARAGE --2( EX.LOC. NEWE CWTNG EPDXYON FLOOR DNttW6ANK f \`r .- RpaSXELF . FLOOR TRU550SOFFIT 0V MUDROOM . W=� iii...: - 4 Ill jfMO50900MN ❑ 1111111USTp O S- _ GNPAOF�NG l A. LVL FLUSH REAM i TO PICK UP SNORT-A , [........ FLOOR TRUSS.ES LL R _ MO U0 DM KITCHEN DINING FAMILY fril ////�� REM.wood FLOOR REFRESH 0000 FLOOR ROOM V) J GREET MEW WPn0w NEW WEo0w MODIFY 1 NECESSARY 10 GRADE i/1 EL XAND 1 !G F i T LLQ 7:1- kR607 V) LI) TO W MORD�T ANEW ±,T11:11 / Bc OC. z _‘--1 -IP OW :, ,- �M,RTN ABOVE • Rx Q MUM MOONS a EMERY ROOM VI fTh Z Z 00 4 .P., E%I5TI VG w L.L. c Q`%{ E C f O 0 Z Q KEY; N. E. Mil NEW CONSTRUCOCW REMOVE EWBTNtt PROJECT .- S. CO N. I► w. OMAIN LEVEL PLAN SCALE 1/4" = 1'-0' DATE DESCRIPTION =2../ .0 16 EXISTING 01/O6/I2 ND/ESTN.ATE SET ATL WI 01/12/17 EEVNW/REvmONS 9V2D/IX REVIEW 02/16/I2 PER.WT PROMO NUMBER 16066 PROJECT ARCHIECT PAUL MA..AN DRAWN tY PR ‘7.7.,AL.4"7:.1'14.... ....L.).""r' '....'"sZ SHEET NO. A2 Ci) 0 C m71 'm 1 _--0r m M r M r D Z 102S 3s3 I.N ,,. . D raz F ..rr . , 1. 4 O A 9_ 1 = Or 3 ii ISIydl PEAK�VAULTCBS. '� A . &D Ol a L ?o- Z k 2 Al• as 16-3"r 3,a 12-49' A, 4-0 9�Y Y 3' •R.O. Y 4.9w- 9 340 Yr-2.199' `r":- r N sz5z9 AV. itvai : a m a a uE. m v AI , 1 0, g ...pg „, _. ,,,,_. ,g I 1 lip , Aug :' -i : , \ t , n, S / 1::. Roo. E r 2-9.3r . 1 • sz z E _ ____ ,3-5•'• 3'r" 3-7. 3".p59. 3'r 1 e A 2-9 30 .4,0', F 0 R y% EDGE _-- il^ w Ex. _ r- m -4 4 RODB SMFLi 3'"` 6'•,' r1 ,‘„,,,,,,7,141 a L.I^� i I ^3'z 3.5• ' ^ F oe 1 h Ek. 0- • E D P e £tn A. , 1R VI I € HE BELOW EX TTR PAST X z,;•- z . = . N 1ilil ata ii. BRANDENBURG HOUSE s U; IvoH � � N ' * g s zNVP. :I'M LI; :� > D 825 FOREST ARMS LANE A 2 D `"' -t ,i > ORONO, MN 55364 N� en A ERS n N v'''' a 3 Q �� t79 SS NW ONO JO 0 31E * I v" ]N`dl SW'd d IS]2JO I Szg Q -- r n <F° o^G i. _,r * s 2 z E i ' g i a Li)J _� =„„5 ] S (10H D�l (19 NSG Nb'219 R�S R _ va .: 14 g m^ a. 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F1i I - 1 �� \ - - —T 1 _ ��`�\ ^^ B'•111°' . 12' EEL o0 11iY.1':. .1 ,3 m 1 co 0 id I I I' p r _ _� p 1tlFll d ik. m i:rT1 o0.Ha4 __ Z, .�� ., - /% � D vig i' 1 Nil , I A , :1, i d / X sz o .Fi / N m z m aux ,,,_ ,r i g d r4: '-'• 11ItI1.1II"l1.I -- a / i 4110 1 -11111 ;-, —W\ I 1 I D m �i�4i��il 'Il l 11 ri.1,:. f: z 1!lb1 1 1 I 0 111111 1 t_ 0 11111 I 1 0 11111 1 1 ® 1Ljcn _; i mm �[ .� - 6 O - Jli-i-i = Z p [)] O \ 0 z tlkllD 0 — O _ I"o z Q / _ _ g1.1.1_11o= r 0c nF a 2 L))d 7,, [1)ii .ily , m � IIiIP ,_ \i, I 1IEbi11IlIlll '2"yEL M Im I 4""''�" 111111 I �� I a i i i i,i i2' 1 =J rr INI II 't-'a 1 ; s ithI A � �4 6RANDENBURG HOUSE !ski; liJu I— i f m n ' °32 D D y 1 I 825 FOREST ARMS LANE V t V 111 ORONO, MN 55364 ., 'i N PC Exhibit E #17-3927 City of Orono 0N- , Hardcover Calculation Worksheet Property Address: 825 Forest Arms Lane 'r Prepared by: Date: Applicant/Owner 2—15 r 7--q Stormwater Quality Overlay District Tier: (Circle one) 1p 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 otal Hardcover Item (Describe) Length x Width TS(Square Feet) ( q (Example) (Grage) (24'x 30') (720 S.F.) A 2..a6 x -204- -1-SSe.S S.F. B `'r-- S.F.y.\x. \3.5 SS...} C \ o,S,,�- -14•cr v. '14-'5 1,-).-2..--3-- S.F. D Cdhwe'A�1 -2.1, ,� 1.11 S.F..S m00%.5 E Cs..•r..,1c__ \Sr x -1•11; yo,•)-_ S.F. FG \Z-� L� \yc% S.F. -D_ -'__ \ VI-Lk-L.-l \yam S.F. H ZS v.\i-1•g -+s CoA S.F. I : �+r.►�\ .. '\ k S 11.S S.F. J -p..}.'a 4.+E\p G o S.F. K l?..-..plc--- \vor,z-4t( L , '�....�_ C. . S..S �1 L-. S.F. "'ss' S.F. M 1.-wn�?4c.wQ.<< .\ r\-a-- -2-s--a-- S.F. N L4M.7�, ,� C. x 3 _- \'�1-- S.F. o S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover � r, ��,.c... S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. - S.F. (2) Total Excludable HardcoverS.F. (3) Net Existing Hardcover [Subtract line(2)from line[1)] 4ggS.4. S.F. (4) Total Lot Area SS 1,0-,-5, S.F. Existing Hardcover Percentage [(3)+(4)] 1.4— •70 (Proposed Hardcover next page) RECEIVED Variance Application—January 2017 MAR 1 o "t U 11 Page 11 3 9 7 CITY OF ORONO City of Orono ol;:-o Hardcover Calculation Worksheet �j Property Address: 825 Forest Arms Lane ,„,_. •.. Prepared by: Applicant/Owner Date: t 3-� 5-2a►" --. Stormwater Quality Overlay District Tier: (Circle one) ier 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 Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 301 (720 S.F) A -re-- -1-c•.S x33- X516.5 S.F. B }}optic- , 4.1 ,t Va•S +±5.4 S.F. C tjav4.c_. `2.'2.Sr . 'U.•S q3z.. -a-- S.F. D C.,..+`..�a.. .z. ,� 30•S •}O1.5 S.F. E (,,r...t.e._ \Sr x'1.4 413-- S.F. F '-Ne‘,vt_.a.. VI-xv-1- ‘4\Lk S.F. G ''.:vLw....% lZ*\Z lad S.F. H 'bn. 4'`4 '15,c‘S S36� S.F. I "S:�s w,.‘x--- 01 x‘S \3 S.F. J Tb."1-4-b 6 K‘o 6 o S.F. K bc...Ac _ xdk..k2St -4.q3.--- S.F. L _ "Di....AL_ t. a S.S 31. S.F. M Lfwn.74.4..,(,L,.. •.2.1Y V2-- 'a•S-s-- S.F. N �'` ,D c 7 t....-1.-3-- \ S.F. O ' 'm,s._- N. S: ori to Y }•S dt 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 Proposed Hardcover 4,541o•6 S.F. 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)] 4,5 AAo.(b S.F. (4) Total Lot Area SS,o'1S S.F. Proposed Hardcover Percentage [(3)+(4)J 'c6•ZGJ RECEIVED Variance Application—January 2017 Page 12 MAR 1 U 2017 it3 9 7 CITY OF ORONO uhibi+A AS—BUILT SURVEY FOR: HESTIA HOMES 4 0 7 0 REV I 5 ; ' � PROPOSED = / �Z•G7 • p \\ � � , , /6: sto \ C om` \ ` \ \ '` 1 . A••35•08' •` . \ \ \ ' -c9O R- 90.00 (rt., ,. <1,1, 1 peA. ` � t 1 t �\ ' 0 ' w al-A \1:. 44.4 1,,,111 „text , \ \,..,.-0 $ t,t4/H ,i,.. 0 n • ‘ \ ‘\ \ _.i‘\\ ‘'••C Oilt .:,, 11114,4164111144421.'*'-‘.' " -- 55 oz< � , '`�'`. c.‘ ‘‘\\‘‘�;. �,�• `.i: AREA. `. t '‘ ► '�'►�C..--':://,‘ . •26.6 1 V `.\ ` t`� `\ \ ` t � :�;' N `� /' '‘el ; \ \ \\\\ i' 4;.1k:'°'Ii.d S'- 3 R ` t , ,Q\... \ `• . . _- -- ice• `,` \ \ t t t '.2 1 3H�5'�$ , i , • Z ` °�' \ \(1 . ` �__-- \\ LNCESKLE 4p �� � ''y..\� ,�►Oo6EoL----/' ti. =twice- ,'-.'N, \ `'�.-- ,`��-Altr-A--+--,.`� 'PN. '``t �t LEGAL DESCRIPTION °� \ ����:��— c ; LOT 3, BLOCK 2, 97" \\ _N - _--��. ` . 1 FOREST ARMS i6,�5\s.F—`�\ �\``'—(` : \ HENNEPIN COUNTY, MN Scrums 1.--40. 'ler . , 02 \\ �`t, . 11 `, . of% \\ t'''` . 1 c.— n ••.6 C. = 3 � � � 3..e n.r e1.�.."4".."...00A.� o rn •26.6 �1'\ I ► a'Ander my.,.1.. .� AI.i,—METRO O •n1 1 an.aN rp,r«d 1..•1 sr.�7..- tlr 043ktec DEVELOPMENT CONSULTANTS. PA_TI Mr.a•r 31.14 411114434463. T.H.V. SURVEYING•ffi(CDfET�RPG ••STIE pLANNII(C '-� U'•: 928.7 �� 04-7)."4° sulekvelt x1t r..1.""4"" ..1.(au)644-4437 •r r ® Paga 5 0. 5 bF N. 72ZStf p.yor�s�r 6,wcr.R . 101 46433 ►�Hu)ses-east Exhibit F #17-3927 • - ! s Ilb. . '.'..:A 1 1 t ' ,• .. . ., A .� -I+'r .ice L7 wyjK s • ,i-^ i • '-"' 4.7 >itl—f,:%,,, ' . - '' , ..' ir a) s- 0 0 2 C^)), ^^'' a) W a) ♦V 0 c W .. o co 0 �' Q a) N ,• r • (6 (B fn . 4400. . , • �.. r sem; �y 113‘ 4 r a '4:f✓iy . r l�li@.i' 44. ..y'' 4ii. ' �,$ •••4` tr. 'c'..4.'T" ,e 1, ."y 7 .,. .. _ _ 0: qt �� , �,•l� N bl 1' .? / ."' rior 11 '� , . 7, .r.r "'PPP n s • r III 91' moi_ r �{ r 1, /" • *nail r �. . ' p / + a9 f •ISA,. '�:. 'a� - i' i,i kt 1 r, -:, `� sv.. .._ sy ""VM 1 Facing North L• — �` lt ,. , _ ,.:,,, r- 7. .....-...". • ,..„: r i 4 p ." 1 - ` a,•} fir ,+. w« r `. a r of • p Ye,11iiitor V 4. 446 r rEfic.::-4: . -, '' ' ' ' .� 'c , i. • irh � d2s fP'. � �T_ _ 7-'. .*.-'*.- b* / Facing South toward lake PC (835 Forest Arms Ln) Exhibit G From: Bret Riemenschneider #17-3927 To: Melanie Curtis Cc: jenremo1 )mchsi.com Subject: Nathan Brandenburg Project on Forest Arms Lane Date: Tuesday,March 07,2017 11:56:46 AM Melanie—We have no objections to the Brandenburg project as it was described. Regards, Bret Riemenschneider,LEED AP From: Brenda Mayes To: Melanie Curtis Subject: Remodel Date: Monday,March 06,2017 4:08:08 PM Melanie, Nat Brandenburg stopped over today and reviewed their plans for the remodel of 825 Forest Arms Lane. We very much support they project. Brenda Mayes Rusty Mayes 800 Forest Arms Lane Orono,MN 55364 From: MEMadvCO@aol.com (815 Forest Arms Ln) To: Melanie Curtis Subject: 825 Forest Arms Lane Date: Wednesday,March 08,2017 11:51:21 AM Melanie, I spoke to my neighbor Nate about his home addition. I do not have any issues with his proposed project. My neighborhood could really use a new road however and has for over 20 years. The past 12 months have really taken a toll on it. I'm not sure what it will take to get on the list of roads to repair. I have tried for over a decade. Thanks, Mike Mike E. McElligott PC Exhibit H #17-3927 RUN DATE:03/06/2017 HENNEPIN COUNT,'PROPERTY INFORMATION SYSTEM(PROPER1 OWNERS I.ISII P.-AGE::i 38 06-117-23 32 0017 38 07-117-23 12 0014 SOURCE LAND DEVELOPMENT INC G S SWENSON&M SWENSON 38 ADDRESS UNASSIGNED 875 FOREST ARMS I.A ORONO MN 00000 ORONO MN 55364 SOURCE LAND DEVELOPMENT INC GREGORY S&MARIA SWENSON 18215 45Th1 AVE N STE D 875 FOREST ARMS I A PLYMOUTH 51N 55446 MOUND 515 55364 38 06-117-23 43 0014 38 07-117-23 21 0003 GONYEA HOMES INC S J N•YGEL&H NAGEI. 795 LAKEVIEW PKWY 995 WILDHIJRST TR ORO\O MN 55364 ORONO MN 55364 GONYEA HOMES INC SCOTT J NAGEL 6102 OLSON MEMORIAL IIWY 15201 W ESTWOOD DR GOLDEN VALLEY MN 55422 MOUND MN 55364 38 07-117-23 12 0004 38 07.117-23 21 0004 B L MAYES C A MAYES JR TRS 1'S BRIAN L&ANN K TURBFVILLE 800 FOREST ARMS LA 997 WILDHC'RSTTR ORONO MN 55364 ORONO MN 55364 RUSTY MAYES&BRENDA MAYES BRIAN L&ANN K TURBEVILLF 800 FOREST ARMS LA 997 WILDHLRST IRI MOUND MN 55364 MOUND MN 55364 38 07-117-21 12 0005 38 07-117-23 21 0005 JEFF C('ORDESTIRA('Y N CORDES MICHAEL GRAY&DIANE(TRAY 830 FOREST ARMS LA 999 WII DIIL'RST TR ORONO MN 55364 ORONO SIN 55361 JEFF C CORDES:TRACY N CORDES MICHAEL GRAY&DIANE GRAY 830 FOREST ARMS LA 999 WILDHURST TR MOUND MN 55.364 MOUND MN 55364 38 07-117-23 12 0006 38 07.117-23 21 0015 J WINDIER JR&SWINDLER JANE E KLINE 860 FOREST ARMS I.A 4455 WEST BRANCH RD ORONO MN 55364 ORONO MN 55364 JAMES WINDIER JR JANE F KLINE STEPHANIE WINDIER 4455 WEST BRAN('11 RU 860 FOREST ARMS I A M011 ND MN 55364 MOUND MN 55364 38 07-117-23 120009 J R FELDMANN&D I FELDMANN 805 FOREST ARMS LA ORONO MN 55364 JOSEPH R FELDMANN DONEI.LE L FELDMANN 805 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0010 M&M MC ELL IGOTT 815 FOREST ARMS LA ORONO MN 55364 MICHAEL&MARY MC ELLIGOTI 815 FOREST ARMS LA MOUND MN 55364 38 07-117.23 12 0011 N BRANDENBERGB BRANDENBURG 825 FOREST ARMS LA ORONO MN 55364 NATHAN M BRANDENBURG BETH M BRANDENBURG R25 FOREST ARMS LA MOUND MN 55364 38 07-117-23 120012 B C&J S RIEMENSCHNEIDER 835 FOREST ARMS LA ORONO MN 55364 BRET C RIEMENSCHNEIDER JENNIFER S RIEMENSCHNEIDFR 835 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0013 KRISTINPF.ARSON RECE /ED 855 FOREST ARMS I..A IVED 3J ORONO MN 55364 KRISTIN PEARSON AR 1 I°11 855 FOREST ARMS LA 9 27 SIOUND MN 55364 # 3 dde 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 andfor completeness of the information contained herein • RECEIVED MAR 1 3 71.'17 3927 CITY OF ORONO PC Exhibit I Hennepin Hennepin County Locate & Notify Map #17-3927 Provided By: Resident and Real Estate Services Date: 3/6/2017 b 1'51 1114 06-117-23-34 06-117- 314: r, iJ } • . IMLIPIP ,..,, , — _ \ y x 117-2 -11 iprf ft " 4 .07_ , -'B fH3a'xJ 3TM dia+ 1; '' f lbs ! ''I''''''I''''1:;:.%;,'':':',Er't:1*);::4Z,,-'t'!'*"!':1''''.-'7'4;''--:1'4':'"',;'':1:',C;:" ' l -� l �r l�, dryN 07- 7-23-2 . -117-23-12 • t 05) 6i ,.t (4) (n1 4241 IN.07 17-23 -117-23-12 Buffer Size: 350 feet 0 60 120 2ao ft Map Comments: I I I I I t I I I N BRANDENBERGB BRANDENBURG 825 Forest Arms Lane RECEIVED For more information contact: Orono.MN 55364 Hennepin County GIS Office 300 6th Street South MAR 1 � l.0 i I Minneapolis,MN 55487 3927 gis.info(rl�hennepin.us CITY OF ORONO Item 7 Date Application Received: 03/22/17 �O • O Date Application Considered as Complete:03/22/17 60-Day Review Period Expires: 05/21/17 1 >, y � To: Chair Thiesse and Planning Commission Members `� 'kESHos`� Doug Reeder, Interim City Administrator From: Melanie Curtis, Planner l'YGG Date: 17 April 2017 Subject: #17-3928, Mike Hart, 2510 Casco Point Road, CUP Public Hearing Application Summary: The applicant is a conditional use permit in order to conduct filling and grading activities within the Shoreland in excess of 500 cubic yards in conjunction with the construction of a new home. Staff Recommendation: Planning Department Staff recommends approval with conditions. Background The applicant is requesting a conditional use permit in order to conduct grading and filling activities on the property to support the construction of a new residence.They propose fill to accommodate a first floor garage,the site currently includes a home with a tuck-under garage. The grading and filling activities will be in excess of 500 cubic yards of material and the property is located within the Shoreland Overlay District therefore a conditional use permit is required. The proposed redevelopment of the property will conform to all applicable zoning regulations; no variances are requested. Section 78-350-Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 23,071 s.f. (0.52 acre) 63' @ 75' & @ OHWL Applicable Regulations: Conditional Use Permit (Section 78-967 and Section 787-1286: According to the City Code,grading and filling activities exceeding 500 cubic yards conducted on properties within the Shoreland Overlay District require a CUP. The applicant has proposed importing approximately 500 cubic yards of material to the property to accomplish the proposed grading plan for the new home. A CUP is required. Sec. 78-1286 Topographic alterations/grading and filling (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: , FILE#17-3928 17 April 2017 Page 2 of 4 (3) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. 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 intent for the proposed grading is residential in nature,is consistent with the permitted uses for the property,and is compliant with the zoning code and comprehensive 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; The proposed grading is residential in nature which is consistent with the permitted uses for the property. 3) Adequately served by police,fire, roads, and stormwater management;This statement is true. 4) Provided with an adequate water supply and sewage disposal system; This statement is true. 5) Not expected to generate excessive demand for public services at public cost; This statement is true. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; This criteria relates to whether the proposed grades resulting from the earth moment are appropriate and in character with the surrounding land and neighborhood. Staff believes the re-grading of the property will be more in conformance with the neighborhood and will provide a smoother transition from one property to the next. Once completed,the grading will have no impact on surrounding lands. The grades,once vegetated and landscaped should not have an adverse impact on the neighborhood. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The proposed grades will help to facilitate stormwater runoff down property lines,and not toward adjacent properties as is the current condition.The proposed grades should not result in a negative impact to neighboring properties. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The applicant is proposing to re-grade the property to facilitate a first floor garage where a tuck under garage is the existing condition,as well as improve Stormwater management. It is likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and monitored closely by the City's engineer to assure that all existing drainage patterns are maintained and adjacent properties are not adversely impacted. 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; This standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area or have an adverse FILE#17-3928 17 April 2017 Page 3 of 4 impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However,activity of exporting approximately 500 cubic yards of fill and active grading of the property can have a temporary adverse impact on neighbors. The import, and grading work on the subject property as well as the forthcoming construction of the proposed home could result in additional noise,dust,vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped;it should blend into the property and the neighboring properties. The project,once completed, should not result in undesirable views requiring mitigation. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference,general unsightliness,or other means;see#9 above. 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 applicant will be required to keep debris off of the public roadways.The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. Casco Point Road is a dead end road.The grading project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 13) Designed to take into account the natural,scenic,and historic features of the area and to minimize environmental impact; This standard requires that the project be designed to take into account the natural,scenic,and historic features of the area and to minimize environmental impact. The long term effect of the project should result in minimal environmental impacts. The project will be monitored by the City, to prevent erosion from the site. 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; There should be no lighting or glare resulting from the grading project; and 15) Not detrimental to the public health, public safety,or general welfare. See#12 above. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Septic System Status The property is served by City sewer. Conditional Use Permit Analysis The applicant is proposing to change the nature of the property to support a different housing style. The proposed housing style is more in keeping with the immediate neighborhood. To accomplish the desired house style the grade must be adjusted to fill the area previously used as T FILE#17-3928 17 April 2017 Page 4 of 4 driveway for a tuck-under garage.The proposed home will have a first floor garage elevated above the current grades by approximately 7 feet. Engineer Comments The City's engineer has conducted a preliminary review of the proposed grading plans; more detailed review will be performed at the time of the building permit and additional conditions may be applied at that time. Public Comments The public comments received are included as Exhibit J. Issues for Consideration 1. Does the Planning Commission find that the conditional use permit, if granted, will not alter the essential character of the neighborhood? 2. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested conditional use permit? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the conditional use permit with the following conditions: 1. City engineer and watershed district shall approve the erosion control plan. 2. The street swept daily, or as needed,to keep debris off of Casco Point Road. 3. The applicant must conform to the City's and MCWD's erosion control regulations. 4. Only clean fill to be imported to the site. 5. Conformance with the City Engineer's requirements at the time of the building permit. 6. Hauling shall occur during allowed construction hours only Monday through Friday 7 am to 8 pm (and between 8 am and 8 pm on weekends and holidays). 7. Contractor shall post a contact number and be able to respond to complaints in a timely fashion. List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. City Engineer Memo Exhibit G. Site Photos Exhibit H. Property Owners List Exhibit I. Plat Map Exhibit J. Neighbor Comments PC Exhibit A #17-3928 City of Orono Conditional Use Permit Application Street Address. Application# rO A>O 2750 Kelley Parkway Date Received: � Orono,MN 55356 Staff: Main: 952-249-4600 fax: 952-249-4616 Fee: $700 ,� t_ Mailing Address: Escrow: $700 / NA y Po.Box ss F �G� Crystal Bay,MN 55323-0066 Notes:`gkfSHOI� 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: Z. S t C., c_ -s C(-) f` c , ..:_ A YC DESCRIPTION OF REQUEST: C Lf / C� <—�i- I . v--�. I -MI .C-- `.. -1C (attached additional sheets at necessary) APPLICANT INFORMATION: check here if A plicant address should be used for billing Applicant: /s---• .. I I ( ..�,_-N- Phone(Primary): Zv/ -z-- --.. 4,..- -4, S€'1Mailing Address: •Z i c> G.;--s,T., SO,,, _. 1 V-1 City: c-u-o ZIP: 5.STf1 I Email: r=• Ke— 1,--..— Ar- o. r ,.C...,� ,tip.-ter .--% .. --,--I-- PROPERTY OWNER INFORMATION: check here if Property Owner is same as applicant check here if Property Owner address should be used for billing Name: Sc ,_ rte. -_ 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: /� _I Date: Th - L I - (----) Applicant Signature: �) Date: Property Owner Signature: —�/ " / /--.. Date: T - Z r - (-Th Property Owner Signature: Date: CUP 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. First Middle Last 'I U C5 . IL Address City State Zip Phone I understand my rights/as tated above. Signature CUP Application—January 2017 Page 14 • PC Exhibit B #17-3928 March 21, 2017 City of Orono Planning Commission/ City Council, The following is a brief description of our CUP application. We purchased a property at 2510 Casco Point Road with the intent of removing this structure and replacing it with a new home and auxiliary detached garage. The proposed structures are allowed under the structure code. The new structures meet all code requirements including hard cover, structural hardcover, setbacks, and height requirements. The current lot is dished between the adjoining properties.The proposed design would remove the failing wall on the east property line and shift the wall to the west side of the proposed driveway with a similar contour as the existing east property line creating a smoother transition of the varying grades of the adjoining properties. This design requires fill in excess of standard grading thus the request for the CUP. Both adjoining property owners are in favor of the plans and grading as proposed as it improves the overall grade and drainage and appearance of their properties. The proposed structure fits Architecturally with homes in the neighborhood. 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I 1.. flow N 4 IMI........, re mu I MIN all, .1111 ; ' \' :-.7.-- 4 Mil lit In 1 w Et 1111 NM NM 4'. Ma awl 4' 1.411- 1 - 1 II 1 ,:i 1,,, 4 t Asi '';if ti, i•lit-.. le , - ..; ,,, ..,-'•, PC Exhibit E #17-3928 City of Orono *DA,0,4. Hardcover Calculation Worksheet Property Address: Z5 L Prepared by: r". / S V 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 Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) ^ (24'x 30') (720 S.F.) A ��-c /irr-` 1 G1 c Z S.F. B r ,, j Z_ S.F. S .=1- lk -z h / S.F. D S.F. E S.F. F 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 34,---4 , , J . — �_ , It 15 e S.F. Q '-- IL- 1 " -- ) /l.S S.F. S.F. S.F. S.F. S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover _ S.F. Excludable Hardcover(See City Code Sec 78-1684): ��i r�-�s. 1 r ✓i �-� _ _ [_� L l S.F. - - /I S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover (Subtract line(2)from line(1)] -. S.F. (4) Total Lot Area 2 1 o I S.F. Existing Hardcover Percentage [(3)+(4)] - (Proposed Hardcover next page) CUP Application-January 2017 Page 11 City of Orono 0.)z% Hardcover Calculation Worksheet 4. Property Address: ((► ma=r..`_i[ r-, �" f-� . ..-. 1....(4\ (�tESHO�'t .� Prepared by: f) v _� Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table,identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties,identify any features by letter which are within the 75'setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width (Square Feet) ) (Example) (Garage) (24'x 30') (720 S.F.) A 0- -IR...L • 1 _ yS L S.F. S.F. .e9 �. < --1 ! 2 S.F. _ 8 , S.F. a a.• , Zr— S S.F. z o g S.F. G 5-��� •. —� 1 S.F. H 5c a.. :.._ (L l 1 ( S.F. , S.F. r4. —.: r� ).� 1�� 15e> S.F. ru 1 _ —LIS T S.F. S.F. M S.F. N S.F. O S.F. 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 Proposed Hardcover J 6c)CI cl S.F. Excludable Hardcover(See City Code Sec 78-1684): IS 1 S o S.F. h S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover :{7 "} S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] (4) Total Lot Area Z'h c.,-% I S.F. Proposed Hardcover Percentage [(3)+(4)] .1)4 °k CUP Application-January 2017 Page 12 • PC Exhibit F #17-3928 From: Adam Edwards To: Melanie Curtis Subject: RE:Review#17-3928 for 2510 Casco Point Rd Date: Wednesday,April 05,2017 4:09:24 PM Melanie, I've reviewed the subject plan and offer the following comments: 1. Only comment for the CUP is that the fill calculation should be provided. How much fill is estimated to be brought in? 2. When the Grading plan comes back in for the building permit: a. There are a number of tall walls depicted. Walls greater than 4' 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 lower wall. b. The Certificate of Survey should be revised to indicate perimeter erosion control measures (silt fence, bio logs, etc.) down gradient from proposed work. Measures must be installed by the Contractor and inspected by the City prior to any work. Contractor must provide a minimum 24 hour notice prior to inspection. c. stockpile protections- For soil stockpiles greater than ten (10) cubic yards the toe of the pile must be more than twenty-five (25)feet from a road, drainage channel or stormwater inlet. If left for more than fourteen (14) days,they must be stabilized with mulch,vegetation,tarps or other means. If left for less than seven (7) days, erosion from stockpiles must be controlled with perimeter control devices such as silt fence. If for any reason a soil stockpile is located closer than twenty-five (25)feet from a road, drainage channel or stormwater inlet, it must be covered with tarps and controlled with perimeter control devices immediately. d. The plan shows grading outside of the property. The owners of that property should provide permission prior to any grading activity on their property. Adam From: Melanie Curtis Sent:Tuesday, March 28, 2017 4:02 PM To:Adam Edwards<aedwards@ci.orono.mn.us> Subject: Review#17-3928 for 2510 Casco Point Rd Adam You will find attached a proposed survey/site plan for conditional use permit to bring in fill material in excess of 500 cubic yards to support a new home. Recall that we discussed the retaining walls for this project in our last staff meeting. Please review and provide comments to me relating to the grading and site improvements by or before Monday, April 10th. You will have another opportunity to review the plans prior to building permit. Additionally, if you identify specific concerns that you feel could require major changes in the plans please let me know. There are a number of site photos located in the zoning application folder. Please let me know if you'd like to view them. Melanie 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 G ' i• ' '-.'4.:' . -7.1;: Is' -01, ,. , , - '-. #17-3928 6 - '' :' •' 1,;' '7,•,- „"•.-.:;..,:, .„ . . tio. *. .-•',.. - : i"....',A.,-,.... ..,1•';'•-:': ,:•••'friv :::ur ' . - -urikfziliK • ....a. • - •• .c.. 4r 1 .1,4^1,' ''- • • . : — .--4-4.'r :7 . ' -'!-.• ''' , ,.• i-. • :•••---4".'-..,-' .. .. 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PC Exhibit H #17-3928 RUN DATE:03/13/2017 IIENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS 1.15.1 PAGE:I 38 20-117-23 12 0018 38 20-117-23 21 0034 NI I.REGER&B L REGER JAMES E BEST REVOCABLE TRUST 1565 FREDERICK ST 2590 CASCO POINT RD ORONO MN 55391 ORONO SIN 55391 NIICIIAI1L I &BRITTANY I.RFGFR JAMES F BEST 3565 FREDERICK ST 2590 CASCO POINT RD WAY7AT A SIN 55391 WAYZATA SIN 55391 38 20-117-23 12(1025 38 20.117.23 21 0036 JOHN TGORAIAN TRUST N CHERNEVSKAYA&I YIRCHENKO 3585 FREDERICK ST 2490 CASCO POINT RD ORONO SIN 55391 ORONO MN 55391 JOHN T GORMAN IGOR YURCHENKO 3585 FREDERICK ST NATALYA CHERNEVSKAYA WAYZATA SIN 55391 2490 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 21 0010 38 20-117.23 21 0037 R L VANACORA&S VANACORA STEPHEN J RUDOLPH 2500(-ASCO POINT RD 2480 CASCO POINT RD ORONO SIN 55391 ORONO SIN 55391 RON-U D 1.VANACORA STEPHEN J RUDOLPH SUZANNE.VANACORA 2480 CASCO POINT RI) 2500 CASCO POINT RI) WAYZATA SIN 55391 WAYZATA MN 55391 38 20-117-23 21 0014 38 20-117-23 21 0038 T CHAI.IIPSKY&D Y CIIALUPSKY ALLEN J&JUDY B SCIIEFERS 2530 CASCO POINT RD 2540 CASCO POINT RD ORONO SIN 55391 ORONO MN 55391 T CHALI'PSKY&D Y CHALUPSKY ALLEN J&JUDY B SCHEFERS 2530 CASCO POINT RD 2540 CASCO PT RD WAYZATA SIN 55391 WAYZATA MN 55391 38 20-117-23 21 0015 MARIE A SVANG 2528 CASCO POINT RD ORONO SIN 55391 MARIE A SVANG 4140 I ITH AVE S MINNEAPOLIS AIN 55407 38 20-117-23 21 0016 DONALD\ESTRUM II 2510 CASCO POINT RD ORONO MN 55391 DONALD\ESTRUM II 2534 ALPINE DR WOODBURY SIN 55125 38 20-117-23 210017 R D ROCCA&H S ROCCA 2520 CASCO POINT RD ORONO SIN 55391 RONALD D&HOLLY S ROCCA 2520 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 21 0022 VII.OF ORONO 2545 CASCO POINT RD ORONO SIN 55391 CITY OF ORONO PO BON 66 CRYSTAL BAY MN 55323 38 20.117-23 21 0025 NW ENG LUTH SYNOD 3745 SHORELINE DR ORONO SIN 55391 GOOD SHEPHERD LOTH CHURCH 3745 SHORELINE DRIVE WAYZATA MN 55391 38 20-117-23 21 0033 SWIZZ PROPERTIES LLC 3701 SHORELINE DR ORONO SIN 55391 SIERZ PROPERTIES LLC 2412 BLACK LAKE RD SPRING PARK SIN 55384 Ilenncpin County has developed electronic forms of certain property information databases.I lennepin County makes reasonable efthrts to produce and publish the most current property information available The viewer should understand.however,that Ilennepin County makes no representation or warranties,either express or implied.or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. PC Exhibit I Hennepin Hennepin County Real & Notify Map #17-3928 Provided By: Resident and Estate Locate Services Date: 3/13/2017 (24) ,,, a f1 (11) '''•4"•�'` ' 4e :—•1'7,1!..'(,. i 1231 ,,,;444,7,1,,,,-0,:4-t-- -- +tv -a, ) ,.,1v 3s k a 4:t.:444,1(%r r as 03 r ,� a ! r 6 l ' a v.� �. vw-Cxi J`zs 4 fw�,� l'_,.--0,,,..-,,,,,h. . t f12) (12) �_. 03) 1E k,i,`,-Tii+,,,:c4c#&Vki';',,x.s.,,v.:';(-ii.‘-f.,:, = rr . I. S ,i r.r i ,f." ,� n � * � �� ,' } yp( 21-117-2 3- 2 (ta ,U / - C4* i•,:t1..•,'w s ' 4.1.lre4..011 a. \ as �0 Frederick Street 05) co Point Rink Q`c'� o� (� \� a wig ( 1 - a I1 ' j ` r Casco Point Rink :` } r ,f 0-11 3-2 :° 20-117-2112 usi r F` mt pi x �P t p_...:,--, e ata °9 -r>F ` L m i"e -,,, ,,,i,-,.,a . -< sr 05) v .�,___-____43) � 20-117-23-24 20-117-23-13 ..�__-_ . Buffer Size: 350 feet16 0 60 120 240 ft Map Comments: I i i ( I ( i i I 20117232100 DONALD WESTRUM II more oact 2510 Casco Point Road Hennepin infCountyrmtion GIS Office: Orono, MN 55391 For 300 6th Street South conta Minneapolis,MN 55487 gis.info@hennepin.us • PC Exhibit J #17-3928 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM YC7 i�QCD/ (we) O!? //2T Q/J h�' of o2*soa65-co-Pewrf 4/ AI n / r�/'D/10�///V [print name(s)] [print address] J ave re ewed 44e plans for the proposed improvement or proposed use of the property located at o '. 'O [4SCb/gm 7` d also referred to as Land Use Application No /"'Ow 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. 3 ( o71 Property Owner Date 3/0/7 Prop y 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—January 2017 Page 15 Friday March 17, 2017 Re: 2510 Casco Point Road Melanie Curtis City of Orono We have reviewed the proposed plans for the Hart Residence at 2510 Casco Point Road and are in favor of their proposed design and home location. We ask that the City Council approve their conditional use request. G2_,„......„52—ce ..S.... J <:::2—_----zt...--,.....„5,_...azeis... 4,,,,,..„‹. 21a Ronald Vanacora Suzanne Vanacora 2500 Casco Point Road Wayzata, MN 55391 Friday March 17, 2017 Re: 2510 Casco Point Road Melanie Curtis City of Orono We have reviewed the proposed plans for the Hart Residence at 2510 Casco Point Road and are in favor of their proposed design and home location, including adjusting the grade on our lot lines to improve drainage. We ask that the City Council approve their conditional use request. 411V . 1 ' I - , . L q /- Ronald Rocca Holly Rocca 2520 Casco Point Road Wayzata, MN 55391 • Tuesday, March 21,2017 at 3:36:49 PM Central Daylight Time Subject: Re: 2510 casco Date: Sunday, March 19, 2017 at 7:16:49 AM Central Daylight Time From: ron rocca To: Mike Hart Attachments: Ron Rocca Letter 2 Signed.docx Mike, plans look great and we are excited for you.Two questions, but no objections. 1.We hope to save much of the lilacs on the lakeside lot line,although they can certainly be cut back and shaped.we can discuss more later. 2. Do you have plans to bury the overhead lines that are on the street side property line. Regardless,thanks for keeping us informed and good luck with the council.Let me know if you have any problems with this signed doc.We will be back home sometime mid April. On Sat, Mar 18, 2017, 1:56 PM ron rocca<rack12@yahoo.com>wrote: We were camping in N.C. last night with no data. Near williamsburg now,so i will take a look this afternoon. On Fri, Mar 17,2017,9:50 PM Mike Hart<mikehart(a)americanmasonry,n >wrote: Ron & Holly: Since I met you at your house back in December my wife Kris and I have followed through with the purchase of the property. Since then we have been working on the survey and the plans.Attached are our plans for the house along with some 3-D drawings and the survey. Hopefully you are able to view them all.As we briefly discussed the day we met we would be removing the trees between the 2 houses and modifying the grade to insure we both have positive drainage away from our homes and either toward the lake or the street. Note the drawings do not show any landscaping yet.We intend on meeting with the landscape designer within the next few weeks and drafting our initial plan. Obviously,our goal is to soften the house and retaining wall and provide as much privacy for both of us with the additional of trees, shrubs and grasses. We would welcome your thoughts before then if you have any. We are happy to work together on this portion when you return. Our timeline is such that removal of the house and trees is in mid-May tentatively.We will be submitting our plans to the City by Wednesday of next week. If you have the opportunity to review the attached acknowledgement and or approval note I would appreciate hearing back from you on those items. I hope to meet with Ron Vanacora on Monday to review the information. I did have a chance to go over much of it with Suzanne today. Please feel free send me an email and or call to discuss any questions you may have. Enjoy the weekend. Mike Hart American Masonry 7701 East River Road Page 1 of 2 r , Item 8 Date Application Received: 03/22/17 V•..0r VO Date Application Considered as Complete:03/22/17 60-Day Review Period Expires: 05/21/17 i tie' 0 To: Chair Thiesse and Planning Commission Members !'l"ESH00- Doug Reeder, Interim City Administrator From: Mike Gaffron, Senior Planner Date: April 17,2017 Subject: #17-3929 Todd Irvine o/b/o Antoinette Beenders, 1669 North Farm Road - Variance &Conditional Use Permit - Public Hearing Zoning District: LR-1A, One Family Lakeshore Residential, 2.0 acre/200' width Lot Area: 135,438 s.f. (3.1 ac.) Lot Width: 205'+at lakeshore, 270'+ at 75' lake setback line Application Summary: The applicant is requesting approval for replacement and/or reconstruction of deck, and pool as well as replacement or removal of existing retaining walls on the lake side of the existing residence. CUP required for grading work as well as variances for average lakeshore setback encroachment and bluff encroachment. Staff Recommendation: Planning Department Staff recommends approval with conditions. Pertinent Code Sections Sec. 78-966 thru 78-968—Land Alteration Standards Sec. 78-1279(6) Average Lakeshore Setback Sec. 78-1279(2 & 3) Bluff Impacts Sec. 78-1283 Construction on Steep Slopes Sec. 78-1286 Topographic Alterations/Grading & Filling in Shorelands List of Exhibits Exhibit A. Application Exhibit B. Narrative&Practical Difficulties Statement Exhibit C. Existing Conditions Survey Exhibit D. Proposed Survey/Site/Grading Plan Exhibit E. Landscape Development Plan(Sheet L-1) Exhibit F. Landscape Elevation Views (Sheet D-1) Exhibit G. Airphoto Depicting Average Setback Line Exhibit H. Hardcover Calculations Exhibit I. Site Airphotos Exhibit J. Plat Map Exhibit K Property Owners List S FILE#17-3929 April 17,2017 Page 2 of 6 Background & Analysis The applicants are requesting variance and CUP approval in order to replace existing decks, retaining walls and swimming pool, all located on the lake side of the existing residence. The project also involves regrading of the south and west yards adjacent to the pool area and eliminating a multi-tiered retaining wall system in favor of a single tier system. The property is a fairly steep lakeshore lot on North Farm Road, and the existing home was constructed in 1981. While the house and pool/decks/walls are tucked into the top of a slope that today is defined as a bluff,they were all constructed prior to City ordinances that would have required variances for such construction. All of the proposed work is more than 100 feet from the lakeshore and appears to be at least 75 feet from the nearest wetlands. A wetland delineation has been planned for this spring to confirm no wetland setback issues. Average Setback. In addition to structure and grading within a bluff feature, the westerly half of the proposed reconstruction is located lakeward of the average lakeshore setback line. The westerly deck(a second story deck)will encroach slightly further lakeward than the existing deck and patio,while in the pool area the encroachment will be approximately the same or slightly less. Exhibit G depicts the relationship among applicants' house and the two existing adjacent lakeshore homes that define the line.The house to the east on Long Lake Boulevard will be completely unaffected by the encroachment. The house to the west sits much further back, and since the very minor additional encroachment of the expanded patio and deck will be lower in the topography, it is unknown whether that owner has any objection to the plan nor any real views over the second story deck proposed. It is also noteworthy that an apparent view easement established as part of the original subdivision covenants is at the corner of the proposed deck(not enforceable by City). Site Grading, Bluff Impacts. The grading within the lakeshore yard would appear to be necessary in order to match the new grades resulting from removal of the tiered retaining walls. Proposed grading plans suggest that approximately 1'-1.5' of fill will be added in an area approximately 40' x 90',totaling in the neighborhood of 500-600 cubic yards. Existing slope in this area is in the 30-35% range, while the proposed slope is in the 35-40% range. The proposed slope will be more uniform, smoothing out some of the minor variations of the existing slope. It appears there will be a few trees removed as part of this grading plan. Along the easterly yard, again the tiered retaining wall system will be removed in favor of a single wall system. In this area existing slopes range from 18% to 36%, and at the base of the slope is a drainageway within an existing drainage easement. Proposed re-grading after the tiered wall is removed will result in a uniform slope of about 34-36% or between 2.5:1 and 3:1. Grading plans indicate that the drainageway will not be filled or graded; however, a temporary culvert in the drainageway is proposed, to allow construction vehicle access from Long Lake Boulevard. Total fill in this area is(very roughly)estimated by staff at another 500 cubic yards, and will range up to perhaps 2' deep where it replaces the retaining walls. The proposed slopes at 2.5:1 or 3:1 are at the limit of what is maintainable as yard area. The applicants should be asked to discuss what they intend for permanent ground cover in these sloped areas. Grading and filling in a bluff area is generally prohibited, and the existing structures in this area would likely not be allowed under today's codes. However, their replacement substantially in kind with only minor revisions to allow for greater safety would FILE#17-3929 April 17,2017 Page 3 of 6 appear to be reasonable and have no additional impacts on the bluff if appropriate erosion control and permanent vegetation measures are implemented. Pool Retaining Walls, Stairway. Construction of the proposed retaining walls in excess of 4 feet in height will require engineering. A stairway adjacent to the easterly pool wall is propose, to replace the existing freestanding step system located further east of the existing retaining walls and the existing stair system extending from the westerly decks. Governing Regulations: Variance(Sec. 78-123). In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (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-IA 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 configuration and location of the existing amenities is such that their reconstruction and replacement do not meet the standards of the Zoning Code. b. There are circumstances unique to the property not created by the landowner. The extremely lengthy lake setback of the adjacent home to the immediate west establishes a setback line that makes the existing and proposed amenities nonconforming; and c. The variance will not alter the essential character of the locality. Because the proposed encroachments of the average setback line are essentially replacing existing very similar encroachments, no impact to the character of the neighborhood will result. FILE#17-3929 April 17,2017 Page 4 of 6 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 average setback encroachments are a factor unique to this property because of the unusually large lake setback of the neighboring property to the west. 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, the conditions which require the variance are unique to his property. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has a right to maintain the existing amenities involved, but they have deteriorated to a point where they need to be replaced Proposed replacement will actually result in condensing the footprint of the encroachments. 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 average setback variance will alleviate a practical difficulty by allowing the property owner to replace existing deteriorated amenities with new very similar amenities making for a safer situation. 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. Conditional Use Permit Analysis Conditional use permit approval shall be granted only when the following criteria are met: (1) The proposed use is consistent with the Community Management Plan (CMP). The proposed use is accessory residential in nature and such use is consistent with the CMP guiding for this residential neighborhood. (2)The proposed use is compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code. Construction of retaining walls and site regrading to the extent proposed requires a conditional use permit per Article V,Division 3, hence this application. (3) Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. (4) Provided with an adequate water supply and sewage disposal system. This criteria is not applicable to this situation. (5) Not expected to generate excessive demand for public services at public cost. Staff believes this criterion is met. FILE#17-3929 April 17,2017 Page 5 of 6 (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 retaining walls and grading as proposed are expected to have no detrimental effects on adjoining or nearby properties, and are compatible in visual and functional aspects with the surrounding properties. (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The proposed walls and grading are residential in nature and are consistent with similar features in the surrounding lakeshore neighborhood. (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The walls and grading are residential in nature and will be consistent with similar features in the surrounding lakeshore neighborhood. (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 proposed walls and grading are expected to have no detrimental impacts to the neighborhood and are not expected to affect property values. (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The location, orientation and design of the walls and grading plan are such that no screening or buffering will be required. NOTE: PLANNING COMMISSION SHOULD REVIEW WITH THE APPLICANT WHAT TREES WILL BE REMOVED DUE TO THE GRADING PLAN AND WHETHER ANY ADDIONAL SCREENING IS NECESSARY. (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The walls and grading plan are not expected to cause any of these undesirable impacts. PLANNING COMMISSION SHOULD REVIEW WITH APPLICANT THE PLAN FOR TEMPORARY CONSTRUCTION ACCESS FROM LONG LAKE BOULEVARD. (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. Other than temporary construction traffic on Long Lake Boulevard,the proposed use will not generate any of these undesirable issues. (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The residential character of the walls and grading would appear to blend well with the neighborhood, and is expected to have no detrimental environmental impacts. (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. This criterion is not applicable to this situation. (15)Not detrimental to the public health, public safety, or general welfare. The walls and grading plan are not expected to have any impact on the health,safety and welfare of the public, and is expected to provide a safer driveway situation for the applicants. FILE#17-3929 April 17,2017 Page 6 of 6 Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner, and that the criteria for issuance of variances and a CUP are met? 2. Does the Planning Commission find that the variances and CUP, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose additional conditions in order to mitigate any impacts created by the granting of the requested variances and CUP? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the variance for encroachments of the average lakeshore setback as well as for structures and grading work within the bluff. The extent of the grading to be accomplished also meets the threshold for needing a CUP and staff recommends approval of a CUP for the grading work, subject to the following conditions: 1. Applicant to review temporary acces from Long Lake Blvd and the temporary culvert through the drainage easement with the City Engineer, subject to his approval. No impacts to the drainageway will be allowed. 2. Applicant to provide a vegetation management plan for review by staff and Council in response to the grading plan that results in unusually steep slopes. 3. Applicant to conform to all MCWD erosion control requirements. 4. Planning Commission to recommend whether any replacement screening will be required. City of Orono Variance Application PC ExhibitA StreerAddress: ( Application# /7-- 3949 7.4, 2750 Kelley Parkway (10 Orono,MN 55356 Date Received: .�- 7a -1 7 �1Main: 952-2494600 Staff: �' fax: 952-249-4616 Fee: $70Q A Mailfrrg Address: y P.O.Box 66 Escrow $700 ' $2,500 OL �G� Crystal Bay,MN 55323-0066 Notes:`�kESHO Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: l(G61 /VOA Tr-ryj t<19Ad (91' O . DESCRIPTION OF REQUEST: > de..1.. G l� elf ke,..9 .4' fes r,. (attach additional sheets as necessary) 1J APPLICANT INFORM4TI N: check here if Applicant address should be used for billing Applicant: / d Piet4ke /eefW1 Of 5/Gr'# /46, Phone(Primary): SZ - 4-XT"- Iz.g Mailing Address: I 1/ ' J 1 74A3jettp City: qi%7 1,ei ZIP: (Z 7;- Email: d L.f}A.IL� i cD/tel PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant ;ircheck here if Property Owner address should be used for billing Name: -innev 8► 22/ Phone(Primary): Mailing Address: l 4/f'j�M,LPT��,,. 'Fr i Cit : M - _ ZIP: Email: !1h eyn- / -__ ' me , GavV7 i 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 il. Applicant Signature: / A ////l2 Date: g-2 —2 2- /7 Applicant Signature: Date: Property Owner Signature: ?'` l______ Date: RECEIVED Property Owner Signature: Date: Variance Application—January 2017 MAR 22 2017 Page 4 3929 CITY OF ORONO PC Exhibit B Practical Difficulties Documentation answers: 1. The existing landscape will be re-built and used in a similar manner to which it was been used in the past. 2. Given the location of the homes on either side of this property the lakeside setback is in an unusual location and overly limits the development of typical outdoor structures. 3. The landscape features proposed are similar to what exists today and will be in character with the locality 4. Economic consideration is not relevant to this variance application. 5. N/A 6. N/A 7. N/A 8. The setback is peculiar in that it was established after the house was built and sets limits on the re-development of the existing landscape 9. Not sure 10. The application is necessary in order to redevelop/preserve the landscape in a more practical way then it currently existing. 11. The current landscape is dangerous and unsafe. The existing timber retaining walls are rotting, the existing decking is deteriorating and the deck rails are unsafe. The new landscape will be built with current building standards and provide the owner and guests a safe environment. 12. The current retaining walls are as tall as 16' in some areas. The proposed plan calls for walls that are 10'tall and will provide more green space. Practical difficulties statement: Rebuilding the existing landscape in the manner it existing today would call for a larger flat area at the lake side of the house then what is being proposed. Our proposed plan calls for a smaller pool, less retaining walls and less deck space. With the proposed more condensed plan we'll achieve less visual impact from the retaining walls, less hard surface and more green space. RECEIVED MAR 2'2 2011 3929 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 dearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance Is justified. The Information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, If they do not apply, write N/A in the space provided: t _ 1, "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 3. "The variance, if granted, will not alter the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties If reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties Include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,Section 116J.06, Subd.2,when in harmony with this Chapter.' 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 Valance Application—January 2017 Pagel MAR 22 2017 it 3 9 29 CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located.' 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. "The granting of the proposed variance will not in any way impair health, safety, comfort,morals,or in any other respect be contrary to the intent of the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): RECEIVED Variance Application—January 2017 Page8 MAR 22 2017 39 29 CITY OF ORONO KEMPER & ASSOCIATES INC. THE BEENDERS RESIDENCE L MI ODA.a.Nal PROFESSIONAL LAND SURVEYORS 721 01.0 HIGHATAY A 14.11. 1669 NORTH FARM ROAD 'ID'""Mbar NEVI MINNESOTA 55112 NR) W sa FAX CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA,;.�I, raor:kMa.FON4R-a4rr1 NowillonpanyxreADCFN AT,NW LMR TIM MEM,A OKI IMMIOrt, RIAMOOS M m..NN .O IPt1Wa MMONIM MOTMOO Or IRMr•ORMOSOM MP K1.aM) CRMmO.MRAW.1 LOT ORTH FARM 6 II r ,e. •"' \- ' ..:.. ,N.']•,*.At140..i , -'4,-;•.-e--;e•-t....ir,------A 4P-4,tlil7ak - . we \ T. 4, 4- ' 1 Fri•}.� ► ,% .. l: 1 i 1L !�# # ,j)'-i,,,- L .D..•OTA �_ NUE ,NO NORTH FARM ROAD(FRONT) .;,L * ,,,.-0--, ,' �� - _ mom.NME9DTA {' 1 / /-: { • sir ti,1!t' ,I' /� .14 i .i$...--4.4.1., $. `T �., ,.0.'►� ._ - ti,37 , • i i� � ��� " LEGAL DES 110N `r■l�`� r� iiiI�I'o: yJ, !a r } e.RTFCAre ar nnl:Na unaw{.�1��17) 41101 7.it1,„1,4,,,,,,,,,!:.;,,:::,---.4.0,-0,„ f7.: /{ Let 7,Rek I.TA.F .At LeFO Lala Av ' iI41FF� `I�•j1, ;7 S C,1 :-, , + ; +;;Liar 1I J..... LOT AREA SUMMARY Ifoil.,$' �IO=� ! 111 �i,6.•t�1' � ���I �� C EONSERVATIDNTEAgNENT lalE�146.1.7 SD.FT. T1I OR A OF L ACRES IA% flit ell `�.•t� ��jI� AREA OF LOT 7 FROM FLOWAGE PAID '� CONSERVATION EASEMENT LRE TO DRONART �V1N' ` ♦... .0� y MON MATER LME OF LOC LAKE.39.021 54 a 1/ t r7.OR 30.4071 ACRES J/ •f1/11.�j ifI. 1 / f;+11 \ `��`�, � ,��,LLt 4>L l TOTAL AREA OF LOT 7.913%435 SCA FT.OR .I '�.s _ �.��i•�\l�� 1 1�.1 C el {' Mj� �+Lk• ..1 311030 ACRES ,teIt 1 "Vt!- r Q.' 4 � 1 `� f`� ! IMPERVIOUS SURFACE SUMMARY M' f �� f„,„),„:.,,,,,,,,L.• l ', AREA OF RESIDENCE-3.96A S4 FT. AR� 1!. •,.=. .`� '� �N. . ` i AREA OF BRICK PATIO a WAIX.431 SO,FT. N-" py .��,1. f( ..;\�• f �e AREA DF ROF EASER DECN6 iI slEmP.763 S0.FT. la d of i'....• .. !.. V,O: AREA OF POOL SNEG 74 46 FT. SREA af� - iiitx,ii.,,'..:;:..chf . 6�•rAREA Df POOL OEfK.I.ttD 91 FT. 1` I (C76:LUDESAREAOFf•OOL)�A ( (� d ♦�{i AREA Dr swu.R+a POOL.aaT SD.rt. ' � lfal `�� :! Itill'iv,. ... AREA D<REM SHED.66 S0.FT / P' i lvoirol :_ 4���� `\ ,�4 4, �j TOTAL RPERVQ S AREA.15.64.SO.FT. 1 IN i . ` l� ij7. .:„._ -1107 '�� 'ti I (11.61[OF LOT AREA) ,,,„,,,„, it OA rte. , . _-� ��,. ;l:I ( v,� M` ZCNINc ' 1 REou REMFNTS '�•_.�-1....-. _ «ilek 111-J47.11, � l � J/;:�,,;'I q 1yy���, � I Z1TNE0 lR-,Ne LAKESHORE RESIDENTIAL DISTRICT- IP i� ` /I r-.. rr� q`1t'1 SMELT TO srwI1ELAND aonAr t7tsTt6cT AND •�• ,r •T.FI //,-1'! 1 4 TER t-SIORWRAIER DUALITY OVERLAY DISTRICT �.:c.+EC► •.; • I ,,. ►►fir`\ -�'�' �� IIOb 61`1 li, /�I�r••..Fi. �.Allw'f , LNNMW Lar AREA 4 ACRES dp i-�� <o-- . 1 , Z�Yr•f A U4." 111 MINIMUM LOT NIDT1. 400 FEET `i}• 11 1 W��tia -. r !' F• Ail �.'/1 ' �'E 1 MAXIMA;61MIOMD 1R'l6NT:4N STORES MD W�tFi r� óT �W'' MLiIil6 �rel i "" ' �/ ' SO FEET ~'.r,�-.slr- •N' r, 1 ���!, F��w` �: ►a� � `�lib(:'hIt , i+'4T�1+•/► :.. .2 ' �■ ii;';1( 6Y \I� ON.R: 100 RET(NCM-6ENERED LOT) \�I •\ � �EI+� �.�1 �/R`�, ia,�� ��' (AS PER OTT Cr ORo»D ZONING CODE) T.f Ry.. • �, .1e f1���` I.\� • ^MRI,MOM!MO MOM m 1DMr �-irt +�� M MVP NO1011001 OM 10 MOO �..Il.'f ' ::�!L �1. ti a�rrip : SOW.m m..Nciw aN m.N ;�+...�f�r tll� �.. 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THE BLENDERS RESIDENCE PROFESSIONAL LAND SURVEYORS 1Nd L'w"`fQ1 711 OLD LIDMNI..6 N1. 1669 NORTH FARM ROAD ,r:„�m' NEW RRNION.MRNRSOIA 55112 M•9 R9,,w) $25 IC 651-531-0351 111,300_ FAX 651-631-6605 CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA moil:A.,NPnW.o- mf SWIMS ,i a ...,NITNeTEN-N ns. accesonnx ..Pm (PROPOSED POOL AREA IMPROVEMENTS) `°K' moI Y AI OCs.. 1.•,0.000]E N4 PL4 TRE OM MIASUPIVISTI VIu.M OF WAS NE.OR17' COMM*NORM,FOOT :. Ira-. � >. •L4� -_ -._....... ORTH FARM POO l .► a .+ , NO C , 10110 _� to _ 1 \ r i: gft ---. •! , �► ,~L wa.1l .:A NUE -- -: ..: ' 1 ip IA•�NPR TI FARM ROAD fFQDNT) ��S'i't.., �v • ,. B, �+,� - -_ oRONu.NMNEsor: i 1 A'f�)1 4, 4114. i dry �j�� s u ti/,,!! T • vi at purponw ewerNa.1475.63 • 114c r,iel, t , • ,,,.., .... _ / ,,,,..., ,, , . p "•(;',111:4":141;4441 ►'qtr �'� ;�,a�� 14/4 T ., LOT AREA SUMMARY .rti - 4S !j .J �iwwift "- AREA LOTTIO l r0 ROMAOE AND 10' 4 _ 00NSER'lATR9i EASEMENT UNE-126.1.)SO Fl, `�'(S' 1 .� `Ir f •. lift Ili I.._ CN 2.6559 ACRES !�` / ~ .'L �II�/ f �S���j � II' AREA OF Lor,cRw rIDWACE AND L-.•Ky'�_ - �� ! �'� - ` # ILCCONSERVATION CASCNCNT LNE TO ORpNMY f Vt1 `� 4 , I, 1`t{ MOH MATER UNE OF LONG LANE-39,021 S0.,TpL -J,}y�Ay`RI� R.OR 30.2071 ACRES xm �bR � ,' + •. _ '�.y ^-♦� ,1I 4 TOTAL AREA OF LOT J.3155.1.115 SO.R.OR _ P x `.�� r Pt L �yeM di 33.,D30 ACRES } 1r it 1 .‘ii01, 5 7 '{siCJ1�:I f f� tiro vrait- 4- _ \ •• . •_._ fie �N .,,,.. ,,.: ikl' aik,kk.Iva 1 t,";.,- B. -'*' ��) 1 :.y `S._ + 4.;,-,_21\,.i '4'�'R :TV vrar It ci �; ! ...0,„ , 1.1 l§ ',.4'I:/'' no�1 �1 �� 1 IMPERVIOUS SURFACE SUMMARY WAiir ts.`.t_ , =-; ,,A` ,' 1 1, F NOUSE FOOTPRINT.3,964 s0 FT---- 7 . 1 �AA J/�.1,�� ,�� A',,a11 �R rJr1 ` BITUMINOUS DRIIEWAY. 639 SQ FT. „inview ��}. •tEOWM FAROO ROAD r. %I.1117L1AI791111 IF -j i1[A i kill �- BCT PATI)A WALK 231 SO.FT. "rjr" i, 7RMm�µ/" Y 4�J�r¢7K f/IF O 1•.Tf ��� •1 REAR SHED.E6 50.Fl. + ice j r I, w!I !:` A / Aye PROPOSED DECKS t STEPS-629 90.FT. L onVo V s i>.� Ze,, ! 4. r10�� _ PROPOSED POOL DECK B STEPS.1,672 S0.FT. ��p.!'fr ]�..Lr '- I51 IM WI 4."/",:i �`` ���'t PROPOSED P00.-333 SO IT. ��',^ 1 PROPOSED WALK-66 SO.FT. 1-,14 w .` �MI -oar . ! 1 l f + PROPOSED OUTER STEPS-319 50.R. Iy�4" 47fir .r. 1� 1 lf.9. .MI ~moilam_ Is J.! .tl co."001' I'I. •F 1y IY} 4 AY1�_• 1‘ PROPOSED POOL EOUNWNT PAO..0 SO.FT. �� �!R-: �/ f `4, PROPOSED NODULAR ROCK WADS...71N1 4P FL ZONING REQUIREMENTS "w.-+., „� 11,,��y 0i i� _--- =��~ !i ?r �tL y/` • PROPOSED ~K ..11"rai�'•" 'a• rPOPo6to AIL � :I:1,7 ♦ �w� , TOTAL5.35 550. NJ%�0'AREA) COVERAGE= ZONED LR-1A: LAKESHORE RESIDENTIAL DISTINCT """"" EECICIX"J�RFr1'. ='A sU&.ECr TO SNORELMID OKRLAY MOW,AN. ~�o' .ir `'A S{yi► ley/••.•U% `w�� TIER 1-STORNMATER DUALITY OVERLAY DISTRICT �. A.., E.21Rr'� 1 �:I 1 R'�� +Tal. MNMLW lOi AREA:7 ACRES .______=....._ •�1�.w/��y,{, V, iy„ �.I�� BIIBA`:.•,t:;•. MR M1 40T MOTH: 200 FEET w 11111.�� =� r` /�%� t ,i,-;k. 4 ` .....SKS O•K¢300 a `Iq RPO- MAMMA RIALDNO WONT:255 STORES AND V'r mow- r 1,/ 1 �+1 �,� \ FLANS•A�PIr:: • .+1 or, ii Ilk a NW`VIV'I 9?O'I QVO2i IDIV.I HIIION 6991 a J r, li i e...a I i Loll aaI�Ia�Sa2][aliii • 1'1' J a > d 1— aIIIawOf,LNOI41-s Iaawa3a I Nil � .i I i a a r o rii NOl10flIISNOO :IOd ION - NV1d 311S 3dVOSONV.1 A 1VNI1A111 lid Ei9,E 0. a I ~-u96v tri . / a r�i, • , ,may �. • — i� 'ZIt** �+ "s { T U / W • ';••, '-‘\,ci :\ , 1",NV 4 •„_ :4,,1,4104/44,''., ,..`'''''.. .,,' ,,..........*--'......'- " 7 5'7 .i Z.:- .; : . 11 8 ....% ° , -I'L''''''. ,.:: : ,,..;-:,,,...,.. ...,-41kio_444-41a1-''',4-az,-,;,. -- .._;-_____:._: iiiirOf pg,', ' ic -'..:---,.....-: ,,...iiiri1i • • \.., N.- ....., - . lislik 441% Allijit .,„,f.,..:''``,.-`4 •,..!',,4•1,,,," ,tabsi....v.kl..,144.:.:',,,,...",'''' ,;.;• '-...-'.''. : _2 ,.„.,..1..• . • ..'. 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W,'byYlYs7f ,,.+ya:�' ! t._ . _ a tea �:) ic.)G PC Exhibit H City of Orono .1-°4 Hardcover Calculation Worksheet • • Property Address: r + C( . r k -s, ..,, Prepared by: / -A- .,4 r Date. -- l 7_-241 k,c:„,, 1, r1>ti c c ; , Stormwater Quality Overlay Distnct Tier. (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1:EXISTENG HARDCOVER 'r the tullkwng labia identri'g items of existing hardenrer on the property. keyed by letter to Certi cafe of Survey(survey n..L.Ei aL ccirrlpany this form). Use as T any lines as nr-ceasary to accurately deprt existing hardcover stat'a of the property For Tier 1 nropert..s. identify any features by letter within the 76'setback line and calculare hardcover square footage separately for each portion. Survey to Hardcover Item(Describe) Length Width Total x quere Fent) (Exa c `` • 24'x •, , S.F. `J.•3: , :Ti '% S.F. 1. 8. ` ., _ice_� .r ,�1 t1� '1.....Q(... f � r?-5 1 S.F. G 1� I, - -a ,,1(e , a . S.F. D 2:. _1.. ---- 5 S.F. E MONNiin S.F. F 3., Millligginernill i S.F. G 5 ... , .n.. � .i •x -1 - -T " ' w'111111111111,1 .1 : . c r (r(r S.F. S.F. S.F. S.F. LS.F. __ _ _ �,___ S.F. S.F. O I S.F._ P — S Q S..F.F j R S.F. Qaimm _ S.F. T _ _ S.F. ..., n S.F. IMMEMMi _ S.F. S.F. V V S.F. z 1111M101 (1) Total Emory Hardcover Excludebls Hardcover jSee City Code Sec 75.tf64)• _ ,.�� S.F. --- S.F. S.F. S.F. S F. Total Excludable Hardcover S F. !) tet E.xistksi Hardcover jSubbe ct line421 trore line(t)1 1':(i. S.F. 4 Tota'tot Arse ‘4,-'-'-:',41-1 S.F. Existing Hardcover Percentage [(3)+(4)l It.iD % !Frowned Hardcover next me) r Verlaine*l4nnik:arlen--January 2017 Page 11 1?AIOM 5i1; City of Orono R• ••nr. Hardcover Calculation Worksheet \y, v,� Property Address: I(h'-i tic.-.4% fz. N 'l,:,,q1 _ .+` Prepared by: 6 .��i` 1 fASir, ..14; ' 1 Date: ie, — -- -- .i.-.4.z2_71:1_' 3 u l`l Storrnwa.er Oualiiy Overlay District Tier. (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2:PROPOSED HARDCOVER `n the imicwing table identify en items M proposed hardcovvy on N'4:properly,keyed i•y letter to�.@rtif'cete of Survey ;survey mutat accompany this`orm) inc'ude iii existing hardcover items that a-c intnndeit to remain.a:wall as all proposed hardcover items tat war be added Use as n-.any lines as necc ser,to sactrate;v depict pror,oserl hardcover status ct the p-cperty Foy Tier 1 properties i ter•,c;s•any features by letter wh c are within tt-•e 75 sc:back tine and calculate hardcover square footage s patetely for each potion, Survey Hardcover item(Describe) Length x Width Key to _Total S4 are Feet) Menlo) ) 24'x 30') _ (2o S.F.), A �i‘,4,Y,;:. 11(1.%e i, 1 Z.r--4.L.61 -t:-i :r.4.. 4icca.l -ks 1-:1{-. S.F. n St r>;'-r11,,V ,K 1': l>�, NA.l -.iY �` -ft 4T"� S S.F. C . >: ^).,rc,4 Gi�t;--;•..•..s �..fryv-, ,.74 c- L S •j S.F. A f xi'•11\.t _ .t..� SG.4 Lel, )1~1nf1:;'a C).k:) .' .. rr ej t? k7 L(4 S.F. E J S.F. F i �lyaeLl �� � �,i +<t� 4.-4-c-.7?,) cx3.4 L;'24 S.F. G 1''-c�r'> 4,--. i Vie,K '" ; t'i ,/>r/�1.; , ,.-•1.. 141'7_ S.F. H @,0�..e.v _,i y, .+�..-t by ai. :;'. S.F. J "!.`.‘.5‘z,'". C,44PJ� '1.4eN ilvioc?t ,.yt., r S.F. K r �� X41 +ir_•1 ;,n —,..1— . . r`t. c.. .rfi] : . S.F. L :a ..,�t yYt.,SL��; t'._tC 1_K$o , .. �v- il; ','i.Cs!,( .::-,1.1 251.-L S.F. S.F. N S.F. O S.F. P• -, _ �� S.F. ti._.. S.F. R _ S.F. S S.F. T _ S.F. U . 1 S.F. ✓ S.F. W - S.F. X S.F. Y - S.F. z c (1) Total Proposed Hardcover - S.F. Exckideble ltesdeover'(See City Code Sec 711-1S/4): ill v`i S.F. 1- .__ _. S.F. S.F. ..____ S.F. — _ , S.F. S.F. (2) Tolat_Excludablo Haudcoyar S.F. (31 Net Proposed Hardcover (Subtract line(2)from kne(1)1 i S.F.t'',41. (4) Total Lot Area t i c.:i►Cr, S.F. 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' a*..IP IP'.4; ' *;41.2. ,-,-....:. .1*... :2, 4. . .. \b....1 * { ! ik _ ♦w Y - #..ss 1 ass ` , P e fr ,..:„,,...,„It s'r 1 a „ii r tl.,"� � 1 7 a • -, 11111111104 ` ,J 'qa S � Miliiiiill' '� : n+ a i►m N w * 4 `r E Y (IC N 0 • tL' C 6 . ,„ „,. ii..... . , . „., . , ..,... ... .. ie � Lii , A :,,, ' (,1 Q z ,,,,. , 3 z 3 .....r, V ;, 'O.. a . 7,..,,4",.., t" ,,16, Hennepin County Locate & Notify Map PC Exhibit J Provided By: Resident and Real Estate Services Date: 3/21/2017 27-118-23-41 26-11823-32 7-118-23-44 , ` o , ..x /11-.;:--; �. Q6-118-23-33 rt ,l tom- k ^ 1 ar' 3 � .! ,Y* 'ate { le, A 27`1 -f, 1_ .. •,,,,,„ _.. ....... ... ,..,_ • ,, ,,,,, ......, •,, . N-1-z....A . .,„, . ..„...,.. . , .., • . . .. 34118-23-1135-118-28-22 . k 34-118-23-11 35-118-23-22 Buffer Size: 350 feet 0 120 240 480 ft Map comments' I t I { l I { t l PID:2711823440008 RECEIVED Owner:ANTOINETTE BEENDERS For more information contact: Address:1669 North Farm Road 2 201 f Hennepin County GIS Office Orono MAR 2 300 6th Street South MN 55356 Minneapolis,MN 55487 CITY OF ORONO gis.info@hennepin.us # 3 9 29 -± ' * Aagnv VJJ'UUB I I Nr....-w..a praypha of.1.17•11,41 r.............y. LUO)FJ Ae�MMM 1 aP uU+JniPe4 el V ZSIldx �� ; �09�5®Jla3A1/iue4e6 el zasyll�l I mad @ wipe;simenbn, 38 26-118-23 33 0007 38 26-118-23 33 0030 38 27-118-23 44 0017 RACHEL ANN CARPENTER STEVEN GRONWALL SAMUEL A HAMER 1540 LONG LAKE BLVD 1586 LONG LAKE BLVD NAOMI JO HAMER PC Exhibit K LONG LAKE MN 55356 LONG LAKE MN 55356 1770 WEST FARM RD ORONO MN 55356 38 26-118-23 33 0008 38 26-118-23 33 0031 38 27-118-2344 0018 MICHAEL J FEY/STACHIA L FEY NICOLIE WHEELER BENJAMIN R&REBECCA S FIELD 1570 LONG LAKE BLVD 1580 LONG LAKE BLVD 1729 NORTH FARM RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0011 38 26-118-23 33 0032 38 27-118-23 44 0019 CARL AWAIT&NATALIE AWAIT CAROL JEAN CAJACOB SAMANTHA CA PEN MULDOON 1575 LONG LAKE BLVD 1600 LONG LAKE BLVD PAUL D MULDOON LONG LAKE MN 55356 LONG LAKE MN 55356 1801 WEST FARM RD ORONO MN 55356 38 26-118-23 33 0012 38 27-118-2344 0006 JAMES&CYNTHIA BIGHAM RANDY V ROSENGREN 1545 LONG LAKE BLVD 1709 NORTH FARM RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0016 38 27-118-23 44 0007 MATTHEW J DIERINGER RICHARD W PERKINS TAMI J DIERINGER 1699 NORTH FARM RD 940 DAKOTA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0022 38 27-118-23 44 0008 SCOTT R&JULIE A KNUTSON ANTOINETTE BEENDERS 908 DAKOTA AVE N 1669 NORTH FARM RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 26-118-23 33 0023 38 27-118-2344 0009 THOMAS A&KARI A STEINKE METRO STAR 910 DAKOTA AVE 1650 NORTH FARM RD LONG LAKE MN 55356 ORONO MN 55356 38 26-118-23 33 0024 38 27-118-23 44 0010 THOMAS C ODEAN PHILIP R KAUFMAN 930 DAKOTA AVE NICOLE Y KAUFMAN LONG LAKE MN 55356 1680 NORTH FARM RD LONG LAKE MN 55356 38 26-118-23 33 0025 38 27-118-23 44 0011 # 3929 DOUGLAS S HOLMES JR CRAIG L HANSON&JOAN HANSON HANNA HOLMES 1720 NORTH FARM RD 950 DAKOTA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 RECEIVED 38 26-118-23 33 0026 38 27-118-23 44 0015 MAR 22 2017 GLEN FLAHERTY RICHARD PERKINS 400 EAST LAKE ST 1699 N FARM RD MINNEAPOLIS MN 55408 LONG LAKE MN 55356 CITY OORONO VII ru0965®A� � p r ruefp3 dn-dod esadxe Jaded Rajf 00915 elaldwal�aAy asl 1 1 al anll 6MMIR Pua9 1 V I slew!end Asp: Item 9 Date Application Received: 3/22/17 Date Application Considered as Complete: 3/22/17 NO 60-Day Review Period Expires: NA To: Chair Thiesse and Planning Commission Members From: Mike Gaffron, Senior Planner 14--es“o"-`" Date: April 17, 2017 Subject: #17-3931, Lake West Development LLC— `3580' Ivy Place - Sketch Plan Review Zoning District: LR-1C, One Family Lakeshore Residential District(1/2 acre/100' width) Property Area: 94,080 s.f. (2.16 acres) Application Summary: This is a sketch plan for a proposed two-lot subdivision of a vacant property located at the northerly end of Ivy Place on Casco Point. The property consists of 3 existing tax parcels, which the applicants propose to reconfigure to result in two residential building lots, each exceeding the 1/2-acre minimum lot size of the LR-1C district. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Planning Commission's discussion with the applicants to bring to light potential issues for discussion and issues to be addressed prior to submission of a formal Preliminary Plat application. List of Exhibits Exhibit A. Application Exhibit B. Applicants' Cover Letter/Narrative Exhibit C. Applicants' Submitted Exhibits: 1. Plan Set Title Sheet 2. Tree Inventory Survey 3. Preliminary Site Plan&Preliminary Plat 4. Survey Depiction—Existing Drainage& Shore Stabilization Easement 5. Survey Depiction—Existing Driveway Easement 6. Survey Depiction—Existing Underground Utility Easement 7. Preliminary Utility&Grading Plan 8. Preliminary Tree Preservation Plan 9. Conceptual Home Oblique Elevation View 10. Conceptual Home Floor Plan 11. Half Section Plat Map Exhibit D. Historical and Current Airphotos Exhibit E. Overview of Property History 1. Depiction of RLS No.461 2. Re-plat: Casco Point Addition 3. Documents re: 1975 Proposed/Approved Re-plat Into 2 Lots(Never Filed) 4. 2016 MnDNR Communications Exhibit F. Other Easements 17-3931 April 17,2017 Page 2 of 7 Background The property under review is a group of three vacant tax parcels totaling just over 2 acres, located on a peninsula at the northerly terminus of Ivy Place. The property is zoned LR-1C One Family Lakeshore Residential,requiring a minimum lot size of 0.5 dry buildable acres and 100' lot width. The property is guided in the Orono Community Management Plan (CMP) for Low-Medium Density Residential Use(2-3 units per acre). The property has remained vacant since it was created by filling of lakeshore wetlands in the late 1950s - earlyl 960s. The property is encumbered by a number of easements and does not abut a dedicated public roadway except via easements across the adjoining property at 3560 Ivy Place. The applicants have obtained permission from the property owner (Lupient family) to make this application. Property History The property was originally platted as Tracts W and X of Registered Land Survey No.461 in 1955. Exhibit E.1 depicts the property as a thin peninsula with a later penciled notation "filled land". The progression of airphotos(Exhibit D) suggests that filling of the wetland was begun in the late 1950s and completed by 1967.We believe that the spoils from dredging out the lagoon were placed on the property to fill it. In 1971 the property was re-platted as Lots 1-2-3 of Casco Point Addition (Exhibit E.2). The property remained vacant. In 1975 an application to replat the property to convert the three lots into just two lots was reviewed by the Planning Commission and City Council — see Exhibits E.3. Despite opposition from the neighborhood and allegations that the filling was done illegally,the re-plat was approved with the understanding that the approval should not be construed as building permit approval. The re-plat into two lots was never filed, and the property today remains as three separate vacant tax parcels. Orono's 1975 Wetlands Inventory and Classification maps identified the entire property as wetland, although by that time the wetlands had been filled and the property existed much as it does today,but less vegetated. When discussions began within the past year regarding plans to build on the site, staff contacted the MnDNR(see Exhibits E.4)which resulted in a response that they had insufficient information in their records to pursue any enforcement action regarding the past filling. Also in 2016 the current applicants had a wetland delineation done on the site and it was determined that other than the typical shoreline wetlands,there is only one wetland on the property,a very small and relatively inconsequential low spot within the northerly portion of the site. Existing Easements and Encroachments There are a number of existing easements on and adjacent to the property as well as potential encroachments that need to be resolved: Utility Easement, Document Nos. 855727 and 862192 (Exhibit C-6). This is the sanitary sewer easement granted to the City when the sewer lines serving this area were installed in 1966. The easement as described apparently does not match the actual location of the sewer lines. Applicants indicate these easements will be vacated and new ones over the actual pipe location will be granted —staff agrees with this proposal. 17-3931 April 17,2017 Page 3of7 Drainage and Shore Stabilization Easement, Document No.T5010662 (Exhibit C-4). This is an easement granted to the City in 2012 to allow the restoration of shoreline over the existing sewer lines where the shore had eroded over time. This easement will remain in place. Private Driveway Easement, Document No. 1023891 (Exhibit C-5). This easement was created in 1972 as part of the platting of the three lots to provide access to all three. The easement includes a private cul-de-sac. The easement will be vacated. Perpetual Roadway Easement (over 3560 Ivv Place), Document No. 922012 (Exhibit F-1). This is an easement granted in 1968 over the adjacent lot owned by the White's at 3560 Ivy Place. This easement presumably remains in place. Utility Easement(over 3560 Ivy Place), Document No. 855726(Exhibit C.6). This is a perpetual underground utility easement granted to the City over 3560 Ivy Place in August 1966. Unknown at this time whether this easement remains in effect given the easement granted in 862191 (below). Utility Easement(over 3560 Ivy Place), Document No. 862191. This is a perpetual underground utility easement granted to the City in October 1966,believed to be a replacement or correction of the easement granted in August 1966. View Easement, Document No. 1160211. In addition to the defined easements within or adjacent to the property, there is a view easement of record in favor of the Powell property at 2916 Casco Point Road,which limits the number, location and height of the homes allowed within Lots 1-2-3 (no more than two homes total; no home may extend northwest of a line 25' NW of the line between Lots 2 & 3; dwelling closest to the NW end of the three lots cannot be more than one story in height). Possible Sewer Connection Encroachment. Staff has been advised that the existing sewer connection for the residence at 3560 Ivy Place crosses the applicants' property. This needs to be confirmed and if it exists, the encroachment should be eliminated (relocate sewer connection) or applicants must grant an easement for the encroachment. Deck and Driveway Encroachments. The survey work provided indicates that a sliver of the deck for the house at 3560 Ivy Place may encroach into the applicants' property. Possible remedies include a lot line rearrangement or possibly an easement. Also, a portion of the driveway serving 3560 Ivy encroaches into the applicants' property. Possible remedies include lot line rearrangement, easement, or removal of encroachment. Applicants' proposed driveway parallels this encroachment. Sketch Plan Review General Site Characteristics The property is a peninsula created by filling of wetland adjacent to the shore of Carman Bay more than 50 years ago. The property is wooded with mostly poor-quality volunteer trees that have grown up over the past 30-50 years. A line of huge cottonwoods once stood along the Carman Bay shoreline but in the 1980s-90s these were girdled by beavers and eventually became hazardous and had to be removed. The land is relatively flat,just a few feet above lake level, and portions of it are below the 931.5' floodplain elevation. In areas where filling of flood plain is required in order to build homes, mitigation measures would be necessary. 17-3931 April 17,2017 Page 4 of 7 A very small wetland was delineated within existing Lot 3. If it is determined that filling of this wetland is required, mitigation may or may not be necessary dependent on whether it meet deminimis criteria. The applicants are well aware that the land is a filled wetland, and likely will require extraordinary measures such as pilings in order to support homes. Conformity with the Orono 2030 Community Management Plan The proposed re-platting to create two residential lots from three existing tax parcels conforms to the CMP guiding of the property for Low-Medium Density Residential Use. Conformity with Zoning District Lot Requirements The property is zoned LR-1C, Lakeshore Residential District, which allows for single family residential uses with a minimum lot size of 0.5 dry buildable acres and 100' width as measured at the shoreline and at the 75' setback line. Lot Area and Width. Each of the two lots exceeds the minimum acreage requirements. Lot 1 is approximately 0.6 acre in area. Lot 2,being platted as a back lot given the unusual property shape and access limitations,more than meets the 150%lot area requirement at approximately 1.4 acres. Each lot exceeds the 100' width requirement. Front/Back Lot Configuration. The front/back lot configuration was recommended by staff as the most conforming method of converting these three lots into two. Zoning Code Section 78-1369 states that "each lot shall face on a public street or appropriate private easement". The existing driveway easement with cul-de-sac becomes a limiting factor for development of the site, cannot be counted towards lot area,and its location conflicts with other easements. In order to convert the 3 lots into two lots, a new, relocated access corridor to get past proposed Lot 1 is necessary, suggesting the need for a subdivision process that creates a `front lot'; a 'back lot'; and an access outlot(typically 30 feet in width per City code). Setbacks. The Zoning Code back lot standards have a significant impact on potential locations of a home on the back lot. By definition the line between proposed Lots 1 and 2 becomes the front lot line, requiring a 45' setback (instead of 30') when the back lot "150% of standard setbacks" rule is applied. The proposed house location on proposed Lot 2 is shown at a 10' setback. It could be argued that the orientation of the homes on Lots land 2 will be such that the `front' yard will be either the easterly or westerly lake yard, and the line between the two lots will function as a side lot line. This would only require a 15' side setback for Lot 2.Under this scenario, staff would be comfortable with recommending the redefining of lot lines and yard designations, but not for granting of a variance to allow a side setback of 10' instead of 15' for Lot 2. Note that proposed Outlot A, the 30' wide driveway corridor, extends approximately 15 feet into Lot 2. This could also be used as a justification for the redesignation of yards. Both lots show a conceptual house footprint encompassing a substantial portion of the area outside the 0-75' zone, especially obvious on Lot 2. Both lots would still be required to adhere to the 75' lakeshore setback and 25%hardcover limit, as well as the 20% structural coverage limit. View Easement Building Limitations. Although not City-enforceable restrictions, the view easement limiting the height and location of home development on the site has an impact on how the lot is used. Applicants have indicated they hope to come to an agreement with the holder of the easement in order to allow the proposed house on lot 2 to have a second story and avoid the sprawling footprint currently depicted. 17-3931 April 17,2017 Page 5of7 Average Setback. Because this is a peninsula, and with both lots having shoreline on two sides, the average lakeshore setback should be addressed as part of the replatting process. It would appear that the location of the adjacent home at 3560 Ivy should be the defining property for establishing average lakeshore setback. Because the survey indicates that 3560 Ivy does not abut the lake on the lagoon side, its Carman Bay setback of approximately 40' would be considered as defining the average setback line. Since any new homes on Lots 1 and 2 must be at least 75' from the shore,staff would suggest that 75 feet become the required average setback regardless of which of Lots 1 or 2 is built on first. Relationship to Surrounding Development The neighborhoods surrounding the proposed development are all single-family residential in nature,with lot sizes ranging from as small as 1/4 acre to more than an acre. Other than the unique orientation of the property,it is anticipated that the proposed homes would be consistent with other lakeshore residential development on Casco Point. Site Grading At this sketch plan stage only preliminary grading plans have been submitted. It is likely that regrading of substantial portions of the site will be proposed, to account for home and driveway construction, floodplain mitigation and yard establishment. The need for grading within the 0-75' protected zone should be carefully reviewed at the time a preliminary plat application is proposed. Road/Driveway Layout and Standards The proposed driveway extends from the end of traveled Ivy Place through the road easement across 3560 Ivy, and is proposed to be constructed as an 8' wide paved driveway within Outlot A. Outlot A is depicted as a 30' corridor skirting the edge of the shore stabilization easement. The actual driving surface is proposed to be mostly 30' from the shore, while portions will be within 12-25' from the shoreline. Maximum driveway width allowed within 75 feet of the lake is 8 feet per Zoning Code Section 78-1262(a). The driveway will require a hardcover variance. While 8 feet is minimal for a driveway serving two residences,that is the maximum width allowed by code within 75 feet of the lake. With the driveway so close to the lake, it would be appropriate that stormwater management facilities be established to mitigate impacts of runoff from the driveway. Ivy Place ends in a mere widening of the road at the edge of the lagoon. It is not a functional cul- de-sac by any means, making maintenance of City sewer facilities as well as the road itself less than optimal. The addition of two more large homes and construction traffic to this mix has the potential to be a nightmare for the neighborhood, in the opinion of staff. Road Improvements and/or Easements Needed While establishment of a cul-de-sac or more functional turnaround at the end of Ivy Place would be desirable, there is not sufficient room to accomplish that within existing right-of-way. Acquisition of additional right-of-way from the applicants' property would seem to be of marginal value given the configuration of the property and the close proximity of the lakeshore. Whether the addition of two new homes at the end of this street will cause future maintenance, service vehicle or emergency services issues is a point for discussion, to be addressed by the pertinent service providers(Public Works, Police, Fire). 17-3931 April 17,2017 Page 6 of 7 Parks, Trails,Sidewalks& Park Dedication No new parks or trails are planned for in the area of this property. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee of$5,550 per each new building lot would be due at final plat approval, assuming that records will indicate that no park fees were paid in the past(research required). Stormwater and Drainage Improvements& Fees Given the proximity of the proposed building sites to the lake, the preliminary plat application should propose stormwater management systems and/or practices to manage runoff quality. Stormwater management will be subject to City and MCWD review and approval. The property will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee) on a per- lot basis at the rate of$3,025 per lot for this half-acre zoning district ($6,050 total) per the 2017 Fee Schedule. Utility Locations/Availability/Assessments/Connection Fees The property is served by municipal water and sewer. Based on a review of the assessment history for this property,it was fully assessed for municipal sewer in 1965 and no sewer connection charge would be due save for the Metropolitan Council SAC charge which is currently $2,485 per dwelling unit. City water was installed in 1970 and the property was assessed for one unit; if more than one home is built, a water connection charge of$4,240 for the second unit would be due at the time a building permit is issued. Wetlands on Site and/or Impacted The property contains a 168 s.f. (i.e. approximately 10'x17') wetland within existing Lot 3, in addition to linear wetlands along the shoreline. It is unclear from the survey work provided whether the proposed driveway extension from Ivy Place will require filling of a portion of the shoreline wetlands. This will have to be confirmed and addressed as part of a wetland mitigation plan, subject to city and MCWD approvals. Under current code, no hardcover is allowed within 35' of a wetland, so a wetland setback variance for the driveway is likely to be required. Tree Impacts Much of the property is covered by scrub trees, with most of that growth occurring in the past 50 years.A tree survey has been completed(Exhibit C.2). Applicants plan to have an arborist review the site and establish a plan for removal of diseased or inappropriate trees and replacement with higher quality trees. As noted above with regards to site grading associated with construction on the property, a careful review of the impacts within the 0-75'zone will be required. Staff would anticipate that if the proposed site layout goes forward, a significant portion of the 0-75' zone will be disturbed prior to restoration. Conservation Design The developer is advised that this subdivision will be subject to the City's Conservation Design Ordinance. The preliminary plat application should include a complete conservation design analysis of the entire site for review. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office(SHPO)to confirm. 17-3931 April 17,2017 Page 7 of 7 Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: 1. Applicants should be asked to address how they plan to resolve the noted easement and/or encroachments issues including the Powell View Easement;the potential sewer connection encroachment from 3560 Ivy; and the deck and driveway encroachments from 3560 Ivy. Is there a potential for a lot line adjustment between 3560 and applicants' property? 2. Does Planning Commission have any concerns regarding mitigation of the impacts to floodplain, wetlands and trees that are likely with this proposed development? Site re- grading over much of the property is anticipated with the proposed plan. 3. Access to the property for development/home construction is likely to be very difficult and will likely require heavy vehicles needing to access the property on a very narrow road and minimal accessibility without impacting the immediate neighbor. Contractor parking is likely to be difficult. The impacts to the neighborhood during the construction process, and especially to the adjoining residence,will likely be extreme. Applicant should be asked to address how these issues and impacts will be mitigated. Is there the ability access the site via barge for certain aspects of the construction process? 4. Does Planning Commission have any concerns regarding the lot layouts and front-lot, back-lot configuration? The proposed house location on Lot 2 will require re-designation of yards in order to have a lesser southerly setback than 45'. As shown the setback from that south line is 10' and staff would suggest that 15' (150%of 10' side yard standard) be required. 5. Does Planning Commission agree that the average lakeshore setback can be established at 75' from the lake for both lots 1 and 2 as part of the replatting approval? 6. Applicants should address possible stormwater management practices and facilities to be employed both during construction and on a permanent basis. 7. As part of the preliminary plat review process,comments will be requested from the Public Works, Police and Fire departments as to the impacts of development of this property over the short term and long term. 8. Planning Commission should bring up any additional issues of concern regarding development of this property. Sketch Plan Review Parameters The goal of this review is to provide the developer with an overview of the pertinent City ordinances and how they affect the proposal, and to discuss the strengths and weaknesses of the plan. The above Summary reveals a number of issues with the proposed plat and should provide direction to the applicants regarding the proposal. Planning Commission should review each topic and identify any issues to which the developer should pay special attention. As a sketch plan review, any comments or suggestions to the applicants are non-binding but will be extremely helpful as the applicants move forward. It is staff's intent to also bring this to the City Council as a sketch plan. Note that staff has received a number of inquiries from neighbors, and is aware that the adjacent property owners at 3560 Ivy Place,the White's,have great concerns about how this development will impact them. City of Orono PC ExhibitA Subdivision Application r _ Sheet Address: Application# /7- 3 �"3.1 R!1� 2750 Kelley Parkway f,r"" Orono,MN 55356 Date Received: I . Main: 952-249-4600 Stab E/ nob \$4,' •t, 3 fax: 952-249-4616 kation Fee: T! r o V(4vs Meiling Address: Escrow: P.O.Box 66 Crystal Bay,MN 55323-0066 Noss: PROPERTY INFORMATION: ,A , ,} t Site Address: /1015 ( Z cud 3, Block) , Ca1"ovi Casco c�l t-f oYI• ti ((65 agocs iRid Property Identification Number(PIN): '• &a• I I 140 ZOt : �►���� Date Property Acquired (month/year): kit- D Abstract ltl'f orrens(Please check one) Present use of property: ❑ Residential; number of Units I215ther(specify) VQ(1.10/ 4 Zoning District: Ll- lL- APPLICANT INFORMATION: Ge Check here if Applicant address should be used for billing Applicant: M JO airm-f bibitipsUi.0-(-7 I! Phone(Primary): 352_93i 3 Mailing Address: i,c 7'- � v 4 - City: //'/ �v''�,rf ZIP: — Email: c10/yt� PROPERTY OWNER INFORMATION: D check here if Property Owner is same as applicant -�� / D heck here if Property Owner address should be used for billing Name: CKC ,tt'b/1✓'LL /UpteL.t - Phone(Primary): ZP/A-r,7 D--0049 Mailing Address: '2.d Won GI S*ree/- J , City: Miiuurpo(e5, ZIP: 55113 Email: tk.l{1I1(7i P.kftptimLt, l e_OPYl EXISTING LAND USE: TT Number of Tax Parcels: -Three, \\ Development Size: _ /, /5 Acres Dry Land ��,ONsf a6�-p3l,.� ►'J ho 3 Acres Wet Land (�610/.Y,sf below f.�-5-61KiOur) Acres TOTAL,all parcels PROPOSED LAND USE: Division for Tax Purposes i ubdivision for New Building Sites J Number of Building Sites: Existing Units: N67 New Units: Total Units: Proposed Gross Density 2 Units per 2,Hf acres Minimum Lot Size: 2g157 Square feet dry buildable land Proposed Use(check)Oilkesldentlai ❑ Other(specify) RECEIVED MAR 2 2 2017 Subdivision Application—January 2017_ # 39 Page 6 CITY OF ORONO APPLICANT/AGENT AND/OR PROPERTY OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend In place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributed via ema'. �I17 Applicant Signature: ,�' � � Date: �! /-2-C7/: Applicant Signature: Date: Property Owner Signature: (�Q �itCT f JOY LGt ftrvyt Date: _ Property Owner Signature: Date: RECEIVED MAP # 3931 Subdivision Application—January 7017. CITY OF U F; Page 6 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION LOT:Lots12 and 3,Block 1 Casco Point Addition PARCEL ID:2011723420001,2011723420002,2011723420003 STREET ADDRESS:3580 Ivy Place,Orono MN 55391 PROPERTY OWNER: The u.idersrgned registered property owner of the above noted property do hereby authorize Curt Fretham of Lake West Development,LLC to act on my behalf and take all actions nece,s.+ry for the submission,processing,issuance and acceptance of this application,permit or certification arid any or all standard and special conditions attached. They shall be the principle contact in the processing of this application Sincerely, Rick Luprent 20 Second Street NE#2801 Minneapolis,MN 55413 RECEIVED MAR 22 2017 # 3 9 31 CITY OF ORONO LAKE 1' ' T PC Exhibit B DEVELOPMENT.LLC Class II Subdivision Application — Sketch Plan Narrative Lots 1, 2 and 3 Block 1, Casco Point Addition PID: 2011723420001, 2011723420002, 2011723420003 March 22, 2017 Overview Lake West Development, LLC is seeking approval of a Class II Subdivision in order to consolidate three vacant lots of record located at approximately '3580' Ivy Place, Orono (addresses unassigned) into two lots for the purpose of constructing two new single- family homes. The property is situated on a peninsula in Carman Bay and enjoys magnificent lake views on all sides. Jim Lupient purchased the property years ago with the intent of building three homes- for himself and for family members. Sadly, his intention was never realized. After a number of years and much deliberation, Mr. Lupient's family decided to sell the property. Languishing for years without being tended, the property has become less beautiful than it could be. Most of the trees are low-quality box elders and many have become damaged by storms and the work of beavers. The property is also encumbered with a variety of easements for access, utilities, and shore stabilization purposes. We are pleased to have the opportunity to pick up Mr. Lupient's vision and design a variation of it that we can bring into reality today. Our plans call for two appropriate-sized homes instead of three, and significant re-landscaping of the property, replacing undesirable and unhealthy trees with high-quality plantings that will provide long-term benefits. Our plans also involve cleaning up and reconfiguring areas of overlap among the various easements. We are looking forward to this opportunity to realize the vision for this unique property and appreciate the City of Orono's help in completing and submitting this Application. -411 ,4 Curt Fretham CEO, Lake West Development, LLC Office: 952-653-134 RECEIVED Lake West Development 114525 Highway 7 Suite 265,Minnetonka, MN 55345 I Phone 952-930-3CR R 2 2 ?U1 7 3 9 3 1 CITY OF ORONO Class II Subdivision—Sketch Plan Application A. Contact Information Owner of Record Rick Luplent(Barbara Lupient Et Al Trustees) 20 Second Street NE Minneapolis,MN 55413 Phone:612-790-1800 Applicant Curt Fretham,CEO Lake West Development LLC, 14525 Highway 7,Suite 265 Minnetonka,MN 55345, Phone 952-930-3000 B. Site Data Address '3580' Ivy Place and unassigned addresses Orono, MN 55391 Zoning LR-1C One Family Lakeshore Residential Parcel Size 2.16 acres 94,080 sq.ft. Lot 1 =35,071 sq.ft. Lot 2=30,579 sq.ft. Lot 3=33,122 sq.ft. PlO 2011723420001,2011723420002,2011723420003 Description Lots 1,2 and 3, Block 1,Casco Point Addition C. Land Characteristics The property Is located on a peninsula on Carman Bay surrounded by lakeshore on three sides, platted as three lots.The property was formerly wetland and lakebed but was filled sometime during the late 1950's-early 60's.The proposed grades in the area of the proposed home sites are at or above the 100-yr flood elevation of Lake Minnetonka(931.5)The proposed homes will have a low floor elevation of 933.5 per requirements of the City and the Watershed.Any floodplain filling will be mitigated on site at a 1.1 ratio as required by the City and the Watershed. The parcel also contains an incidental wetland(-168 sf)near the center of the northernmost lot. Potential filling of this wetland will be mitigated on site per City and Watershed requirements.A final delineation and determination of the existing wetland will be completed once weather permits. Currently the property is improved with sewer and water but remains undeveloped.It Is moderately covered with low quality trees (boxelder and elm), many of which are storm and beaver damaged.Tree preservation will be determined based on the results of a Tree Health Analysis by a Certified ISA Arborist. RECEIVED MAR 22 ?WI' CUP-Page 2 of 3 # 3931 cm of ORONO Class II Subdivision—Sketch Plan Application D. Description of the Project Our intent is to consolidate the three lots into two lots and build two homes that fully take advantage of the lakeshore on all sides.Although beautiful,the surrounding lakeshore creates a practical difficulty for development in that it requires a 75'setback on all sides. We propose to move the property line between Lots 1 and 2 five feet to the west.Lot 3 will be vacated and combined with Lot 2. The resulting Lot 1 will be 28,875 square feet;Lot 2 will be 59,715 square feet. The existing driveway easement will be vacated and a new,smaller outlot(Outlot A)with driveway easement will be created to serve both lots.The new outlot will have less crossover with other easements. A shared 8 ft.wide driveway situated at the northernmost edge of the outlot will provide access to both properties from Ivy Place.We are seeking a hardcover variance for the driveway within 75 ft. of the lake.This Is the only option to access the lots. The underground utility easement will also be vacated and a new one created that covers the pipe it was actually intended to cover. The drainage and shoreline stabilization easement will remain as is. E. Tree Preservation Currently the property is moderately covered with low quality trees(boxelder and elm), many of which are storm and beaver damaged.Our initial plan shows preserving 55%of the existing trees but we anticipate removing more than shown on the plan. Because of observable damage to many of the trees,we have ordered a Tree Health Analysis by a Certified ISA Arborist to be conducted on the property.The final tree preservation and landscaping plan will be determined based on the results of the analysis. It is our intention to remove all damaged and unhealthy trees and replace them with plantings of high-quality trees and shrubs appropriate to the soils on the site.Our goal for the landscape is to create a sustainable ecosystem that provides habitat and food for birds and provides long-term enjoyment for the residents and neighbors. F. Home Design En the early 1970s the peninsula was nearly devoid of trees. During this time a resident to the southwest of the point placed a deed restriction on the property constraining any future structures to one story in order to preserve the view of the bay beyond the peninsula. Even though the current tree cover obscures the view today,this deed restriction is still In effect. For this reason the proposed home design for the lots have an expansive footprint The design is meant to harmonize with the natural topography of the land and provide timeless beauty for residents and neighbors. (See Concept Sketch) RECEIVED CUP—PasAR "2 201' 3 931 CITY OF ORONO PC Exhibit C Li v iivLte RECEIVED G D o " MLOIM PART,RUM IN //� � RT.LOW PART.RN nos `f mall Plink 784,2132W4aW9Pal Nwier i!¢-25070N IVY PLACE ARL2k017 CITY OFORONO LAKE WEST O RO N O , MINNESOTA DEVELOPMENT.Lit ISSUED FOR: SKETCH PLAN SUBMITTAL . . ; ; .,..„.. ". r .f I J - Z i �s I W i �v .2 W 0 Z p Z 5 G t N yC. Ver a• q "li i SITE LOCATION MAP 420 SITE LOCATION G i 4tr a I HEREBY CERTIFY'MATTER PLAN. SPECFICA1ION.OR REPORT VALE PREPARED 9Y ME OR UNDER MY DIRECT EIAERVIEIOR ARC'WTI AM A OILY L)DT913ED PRI:FEW:PK ENGINEER LADDER TIE LASH OP TRE STATE Or A SHEET INDEX DEVELOPER/PROPERTY OWNER: MASTER LEGEND: .. PRnk SHEET NUMBER SHEET TITLE LAKE WEST DEVELOPMENT.LLC IX.p CONTOUR ELEVATION NTT'RVAL _ CUM 032Y17LIOi'E 14525 HIGHWAY 7.SUITE 265 ` ; PROPOSED MA16pLE STORMC0. C0.1 S0 TITLE SHEET 412A3 MNNETONIKA,MN 55345 MING SPOT GRADE ELEVATION '` SITE SURVEY ISSUE/SUBMITTAL SUMMARY962963.1350 1137- 15 COMfOUH ELEVATION INTERVAL C2.1 SAWN OIL CA'.IpI BASH MANHOLE STORM C2.0 PRELIMINARY SITE PLAN&PRELIMINARY PLAT DATE oBSORIFIEW 9•t PRAP05EDOATEVALVE - C21 PRELIMINARY ERE PLAN-DRNG&SHORE STELE EE SKETCH01122/17 P ' a'y' `a.� SPOT WA ELEVATION(G11 TBt9TDW UNE -- PROPOSED FRE HYDRANT C2 2 PRELIMINARY SITE PLAN-ROADWAY EASE TroT®I C2-S PRELIMINARY SITE PLAN-UNDORIC UTIL EASE ENGINEER/LANDSCAPE ARCHITECT: �1�C SPOT GRACE ,f. PROPOSED CIVIL SITE GROUP G.0 PRELIMINARY UTILITY&GRADING PLAN .. 1931 W36XFI STREET 891.OD TC SPOT GRADE ELEVATION TOP OF WALL -a- PROPOSED SON C5.0 PRELIMINARY TREE PRESERVATION PLAN SUITE 2 I 691.00 SS/TS SPOT GRADE ELEVATION BOTTOM OF WALL F PROPOSED LIGHT ST LOUIS PARK,MN 65418 612 815-0000 DRAMA/MARROW PROPOSED SNETARY!EWER -- .. SURVEYOR: MOP OVERFLOW —.._>>--.— PROPOSED WORN BEAM MOP EMERGENCY SUMMARY EOP•1T86.62 PROPOSED WATER AMIN RENDER AND ASSOCIATES,INC. SILT FEHCEIBIDRGL-ONADNG TRAIT 3440 FEDERAL DR/VE,SLATE 110 ammo SANITARY SERER EAGAl1,MN 95122 15'•11 051.452-5051h•P NET PROTECT♦OM 00181140WORM SEWER - . dtilliiiitt Eitii STANLI2EO CONBRIL1cTpN ENRtANCE EIISTNO WATER/ANN �.��������:� EIBB�GLwN GOPHER STATE ONE CALL BAS RRo.EM NO.170E9 VW W V.GOPHERSTATEONECALL ORG y.�,� F.106TND UHOERGRaIn ELECTRIC (5010 252-1188 TOLL FREE TITLE SHEET i.- 50L BORING LOCATIN ` — EXISTING UN099GRO N0 CAKE ,�`,".. {851)454.0002 LOCAL - CLDiBANDGITTHI(TA=7P on EXISTING MANHOLE ''" •" (/�I�� `4 EXISTING GATE AL EXISTING LIGHT — C O. V EXISTING CATWi BASIN rA DOSING GATE VALVE -+,. I ...--- 54 EXISTING GAS METER .,. EXIBTNO HYDRANT R DDSTWG ELECTRIC BOX -. EXISTING GAS VALVE ' SOC PMENT DMaa..n0K.P I. -- Tree Inventory Survey for: C.2. r-•ta6 . LAKE WEST DEVELOPMENT RECEIVED ;i- � ' 0— MAR 2 2 20 '/ ( _ -• w \ < CITY OF ORONO \ _4:1 4, Ae. . (35)6;:: C 1 - --',..j.,<.,:,,,,%,.. t ;� MI N V c �,to.r�4j4.- 6 \` `. \\ ,•Yi- 4 .,. - ,),,,, .. ,__ „, ,,,,, . , ``'�,•; }k 'N 1 �,Q a�1 1. € U" \� . NOTES \\,.. `h'y� _ .,. ` •\�\ \ ,i��� A� •Bearings Ihown are based on the Hennepin Canty Coordinate system. {�,�,, `1�S z}a•`- � .,Q... \\ dam_// +, •CLrRaet Gopher Stab 1 for utility locations hetero will construction shell bepin, '1 t`�, •L� •„ s� ..9, Mone 651•eYMOG3. ''} )• ; tit �.L1�... .�\• �' •Areae: Total-94.0803 square feet(5,169 acres '+ /,,.!` ' ` ,�� tV /9 �• \ Lit t 33,170*whim teat(0.769 sae), 1,1 t t '/ square met(0.699atm). i \/"... �J"'� � ,ti lot 3-30A509 square Met(0.719 acre). b PAOPE77TY �j� tate I,2 and 3,Bleck1,Cisco Point Addition. 4:1 ..►' r / 164�q i'3,, k,� \ \ A 1 1 \ ._ '' .\ \...-1,...9.77‘...‘‘.1.L\1,_°. 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'\ ' .,...7.)--, • ' \ . 1 ! 0r „„-k e-.... .1 , \ .• ..„------ • - ---- -• . i - • - 1., . , / •- IT,z,-• •., ,.. ---- ,..., .5.-•-• „ . ;r, __ ,--0-- • — : i •"-----,V , ;:i" . ,r . ,-;-.'.•. .*:••.,.Pp :yr., ...:.....-- , a ‘4,-- g,P* oil gl) 07) gm In •-:. I 4 - - - - --.._.. .1 ,,,,,-,.-.. --.4- •,N... ,.. ,... .. .... f, , . .... -..... .....,,,,. . . .. 4 _. _ _ ___ ___ ___ _1. . - - . ......._ ......_ ____ _ _ .. CASCO PONT ___ _ — — %, • RECEWED - . ... 1 i.. I , .. . .. MAR ',, 2 2017 .. I I I CITY OF ORONO sED @ @ N (D fl ,F1 TH.mop i•coropilabon ol date from mous sou..sod is Ionia/mid'AS IS'NIA " ... COPYRIGHT 0 HENNEPIN COUNTY 20tO 4t 3 9 3 1 _____________ ,::TicERSNED:E7BoutoDISTRICIMA:CT BOUT BOUNDARY no roetinunloSon or%malty egress or imolai.inducing Ohms for any pedals ,.. + LEGEND --Ax FICREMBOT DISTRICT BOUNDARY ammo,rosinhanYbOity,or As esoureoy rid oompteltinese of the Walloon Oven. M - PC exhibit U (N( i I— .,;.•147,4444.4-t ` 6i ..: : 3, e i., , 1 . eititi," poi', ,„� a Ft » •, alk, - ',..4,:x. N .4:41: i:. } R b f. ak 4 101pikS A ) 4 4 • , ' 4 ' ..'- ' .1111r;. . ''''-.::4, 14k Vg.'- itss • 101H4)... , , g S ` I • ,, ,,. ,if? , . ,, .\‘''t7vSaer. ,4.:04,,,, ..it 1 , Cr) , " i 40111r ..." •g ° At' --7-- k 4...i..4 ,..„ ,,. .p ' .1. 11 '1N • \, ' Z•ii Il t i'' mo..1 , , ---4 • tfr Aa. a .:'-.!:Is #.iNtir -/* S: '•,.., - ),- •";t`...11P41 A 'a toe ft 1 ' . r‘ 1 .. N: )3' ..N.. teA tolu 01 ...,. ., ._ ,,e ‘ '' ,:f I , -.1 11„..• • 7 le*'7 f•t7 - ikr gregirg. , •61 . ..-4' .4 1•' . ' • -,' ,r1°, . 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V w .,,,,,vii. 4., 4314:::004,...,,..400r. .,' .-.., ,,,. , , , ,d, *., •••••••.......... t AI jam• Iftilrk ?IF.. -'.. :' { y4011 ,j1.1.40rv. • * �. a, gr,k4,1-H2'. IN 7 ..r 4 Y • ,ft.;':' 411P * 1114 444 1 14a 44, a iit ' _ ~ ~- ` - ` . oft*. ,. . Or A 110. SS NI e.lot dio, - -,:',,t --,-.-. _ it .",lb,,,,,, . .„„tie 4.. 1 , ' ,, .., ,,,:,.t .r.,....,_,, .,„4..„...:.-,,,,,, wn ,; '... * ' ' . f -c c 'J } i I w W VI r O t'NI .. ,...., ...-„,,A y ••I Or ` 1‘ ':1} ; v" ' Zyam, �Y,6, a: T )s ray 4.. P. 4 - ,� 1 �, ' .s... *4 -. ` ,� •mil.::' ..• "2-1-A,,../Ort.r . 11 ® } ,MI► • K" s . : • I� ° ash '� ; -u •r. no' •I ri ....i.,..:, . ''',4 4...4).04,, :::141. "_, 1.4,,,,,. b . 41.-....a. --„, _ }_► Ff „ ,,„ ill c ... ..... . T • p ...... tojt f 1 ”► • ► ,' 1 J ,} e' Y �' ''' ‘1'. ..ex. , . t „.„.s,A.„ „. , . • p la 4 . r___ 1.0‘ __ NEW CASCO COVE lit C Caw . ''.� 1 CA .h>� g ADDITION eN A� ' *,_-J6hT s� PC Exhibit E -.7' ...... * �� CASCO GOvE DEVELOPMENT CQ j 'At `• t , .. t-- h1AVARfIE MINN. �•i Gl •/ t tr +' D - .TONN K ANae I /• 4,4411 SCALE t t.Eg.—.. -r.., 11°. elltL .132rE ; MAY i, 1,99 IN * Kelley i Kelleryy/ Engineer@ -r fL L LdMinn.s, ` • • •SNI Q • 40 tS J . : .:.1.6 944 - p •f\,. 'e Sit,, .4 Oigiix. IL - *- •, c K ' t t _ • - _ L • CARKAws DAY LAK' PlooiETONKA • At/ t O r. Qe i .. 'I 1t 1��'a�\ . f A • / _... •f . i ' ...7 , yr ....,. ...,rw •.fy� . f 4 r ;C:.17.113: 4• 3'' ' "It O ' f 06 i Oil )2hll)Hi Q ./1 • •. i f/J✓/ f A I. 'C.. N • • n �y /. t / - / ••. MApie , I I ?--_,-_�.�_ vrt.•A ,� r ,,G' I I 11,E' 4xit to",. ,, A ,o) .. .,,...,, _ , d .17 v• fE E No, 1. • 0410.1.,..• ..; ,.; ..-. , ... *,„,..,• • • * 14 A Tee . • 4 ,. • OS c 1I a � ),17•••-y..,:: a iy ,,� # ; 8 � dos Alt y 000 0 r •• 1 • �, V �i." � {�� � •.� `� '`..nt+� �vi .� ! �}`. ,-x � � � i ii � .\ • 7( rk4a� x� tsir • dilio r. .-tF" .CS>.r "yF �'i`A't • . �i ! • _ t„.,.r ,- Y a. -f.,---1:,,,,e\ T.{' • rr tom. / • i•, 1 a , , :.. ,�p. F, \ r -,, - ,^.. , 1 Aflirt c f.�r w/74 _ . Ali.' f a7 1 iseg.ifim tit• ' SY T•r ..'� Yti '`i a i� k `` . l-g,. L � SRh{' o 1 • .. . 44 t N ..-l: i ` •� I - V `�.a :�777��� Y .. .mow• . ipi- ••• _1 i1144:. \ t. '''s 4` ; +�"°"e�,1 moo.;� •- • • ' e', 1 .. "ALI;;Hr''.*..- .'•,..1 e ;v:•-: .`,-,,,..5'...._ ,, ‘..4 lir40 liP- ,'It"-.. •--, -......! , - - .. r". . �, - --- +y'a`, - y 1'.'a .I •_, `-�,,.;`-.--7- 1" +� • 1 • . J• °a :•. c �`.. ..z 4vu .- • •77 / Q _� • F_,. J j . 00 * T' 4 ° i 1,.. IL. ,;... [1• y_,�' f. vc �y ...ir - {� e!t �' �y * J'+:.'r ,sy rY..... ..1R s,. �. p 4y t1 M. ` S.c f •IM • a: .y► - W. �' ' , , `yg - s r. --j: !de r - - �{ y�• ~�0Gs'- .. llt � �e clip, r`1YY z vy3�. .� „II 3 l�. • -w Wt.- f b '4t r,%f• bSS. �, , ,3•` t,', +i 4........41,-..-4...."5-.7.- Y �.p•.fxa r f" C r -.74, E.' /l=.' �4M f •� 4. ll 1 ra ..:.'-+J .°-.-,.si. aer. �� .+��. .. _.. -o- 1 PC Exhibit E,/i i % y s s. 411111111 i : ' 4 I i 1,1 # !S 1 .111 :VI 4 �' d 4 11 1111 1 7 : 1 1 : 2 irt 1,1 -* a.. t if .11,r 3 t lib r i ti • Ili lel . - $ , ' . i fil I I .. 1 4 .. , ..-,.. e e• rat ee j t le i it i :‘ e. let II : 3 ii ": I r l t,4- r .. i 2 I $d 74 IS E s .fi..011 ) s 4 , J ifs i 14 jg'!g 1 1 ¢t i , 1 1111 .4 , i, rte 1 Ilk #i ' 1 agl liii x - g le' 1L4 01 itt • • fie{-- . ` !!II. ti O I _ },..,,,,,...:20... ,y a, +yam - se t� } AV gif. d \.it ., .. .., . v�° / � %.a \ 1. , !A A �•'�// l• \:i ' �3if" / k ° 0; os 40 t � l/ . c ' V / '# lit i. . / 7 1 t":4` ' ''. • ' ' ' • IP, ;s '0, iti.,,.•,4-.'''''''. 1: it! 1 ` � f� i illi an aall,atf cam a mnoNl Kg • • 8778 &PC.t1r CASCO POINT • ADDITION. t,4,f� _ P OPO S!:IJ fir'V/S/ON AND CONI e/;'V.A 1 ION L^4 4** ___p-_-2,10;(: .e /`=oi-: c xararmtars �""ys yFry /M IR. CA-/ARL S A. COX f;,, A 44,- y4" ace, ,F i. /e.—;So give vL a m,d apt Rrt.r L.t z lyfna.nrtf,»aL.rey or.la,.�,w ra.t a�n.va[.r/y.t, a..«..d .4 S et a rtea/kt mgb to rdi parol Ms uta,t.d plotAMe for. line of w.id Let 2, All in JleeF }, Cpacy /00 /VA .4h-t;t Point Rddi t,on, according to the neerdd plc! tMreafr _ /��—'— ?k Nip's.55 o D 3'32- ...3,7"...., pANOfI e "7---' : te y(^`- •� - Let i end tlattpo t of Lo!2 lytng autheasbrly of o Hne 70,00(ems!aueheeatarly o(,asoared 477.-, �:' `` r 3 aL o right o,y a to and poreiLet rtth the nartkwstor! line.of pfd Let 2, ALL 177 BLock 1, foam /, ._ \\s \ •cs ibint Addflion, aeoudfng to tM ncarded plat lMnot. .t �G T 44,1:, fettCaLirka: 1r1 \� -- \ _ "#.�I.. r) Topogro'.y token fro.survey'by Sda.Ll&Hodson, Inc., doted feb.o.,y 7, 1966. 1 I. �, i - ` ( -,....„., \\ \� �<. .. 2) APprooleo to Areca, Il 3 ! �` K,�V. ` `'it}'T� Parcel B . 9o,200 Square Rot OP f.24 acne }}�� 1\`\' ---'''C;-%.. "•• Parcel . 54,]00 Spore Foot or }.11 kens T,74 ,' 1 ' \ '1S,1,� •} `4 3) .Bevf,ed rhls let day of aefebor, 1975, to dmr clangs In!motion of p opa.ed d.5 .. r\ \� 4 `i_ • iGr. F 'N .\ 'e-.‘''4 sr ate, �, , v % 1 ,,\\ f LIN ''�\ to\ . 4.. r i ;- 'X ' 011 \\s•r...".,...6*, --.-'*.--,.---,.. `4--6''y 43' \s 00. RA •AO -ye0. ,s,,A lk 1:i , ,hr eNa mo.n•vslise of nos-mar. 45 AAA*6 \\ • wok, \t .6 .0 , yts •At Sr Ikyheal k„en.,wok,. ek+wHon/o MIA, � !�r�a5 ` nerwdi nj to emend.of Pori of t v a Cneerve�ien, rf.h of LBbno/o. ff. A 4/ �� o fj:`� 4, V Vo • peneha Iran men,unw+f ' 4F - Learnye Moe, en atm/med. Ei'Gl5cc/a: /;77th . !v ted! ,; sbr .rrry , /0,:. 0� . cr to ix.:..�pe:.,f r�acr B rA�r i; . _ N /`. \'-Rt.s ,:�4s/ SCHOELL & MADSON, INC. ; Poe .i- .,:N..ni • I N a 1-N I t; N I a I U R r a _ -- • • ars w `'a , `.' 1 tT '; 1 ! -''..,,,',J•;:,.;.-,,o.-;-,,,,i,,.,.vr • t .;✓' .,.y�ra `Sf . v '1 •�,{ „ �"S+•Ei', *',"v P : # i. / /��/C{� x T f• j4, t ,, a14. 1 !, .- ,` . h y C3,,frv,.fyr` 1. a '• r� (�L a {r.., ,1:,`A.-0•*;--,,,;.i�`{ _3 k'v}F'ha�da1�; •f7 ...wiri.: x •.. } 1 III/ r 04 :+• :,.Kia /'tittclr_oFlL ii*L12;44.c8.. QIb�•:Lai. 4001.4104 4,f10Y#1 el M3111 a: _ 4 i97SR_:•'•.','•'-: , ,I, a ei .' S rx }' 1'• i `l • • 1 , w ,t ; . 55325 ''?..:1_,::r ; � r ��, 7 F •fV- L i, e f z ::r? JJJ��� 5�u �• F `.a :4s 1 4x..;ar �' a <�' y`e'a .,,1,F..' ;y'� '. .°4,1.,'''-.' .45�: ''''( ':; f , ,}p; v47'.o ;.'".f'::::-/, } k.:::-;-•'-' •; y 2::-..r.,,.:.. • i t���✓ 4 v� '� ¢•• • �+� ; � +11'.�'ad. s �K+ y ''ra.'�it.,,��'.�:,�� i '1v, ", d`. 1, l,S ,rrt 2,_ ..04.4 r f T 1 q ^p 4 i y, .. r www w., 4d r•'�' ? . 1 far a}., *1.,;,..,._,..,,' '' '�' " :�CcT,1 'a s G , �r �, 1 w: �,. Itis.• q'41 4;•''''',-.'-:1;" L: ,!,,,',m .' 1"'�f� ',r a r ���� f . ya,� ". , ' - r',-;;;',fir'' ''''. f4 '.l^ 5i ? , - .r 4;::, Av+++yyy��� °i M,1 - {x1i f3sl9l ,r f i;'-'4' s.2 ..,. '33 *44 ` •'r , , w YX 1 'hr.' 1,vx 5',,e! /Ilrs.roPi pari. f. .a 1' Y( • +S�t. yi• r, 41.9: hfyl��''� fh',jj5,, + 1 r r,eAA� v4. ��y� y�y�'`s{�a i i ( � jyriatoat, ,'lug a'•o .: tis}a 4 'Fre An' aW".4 A ,<l'17‘...'f -ti wdsrsteuad is• being '3OrL- i�ptstsuatiios. ' . .1 Y rbave been. contacted by some orthe neighbors, including tho -t rid 6, John Chell, from the MWijolalagneighbor. to the Boutheast. .concerning innesota land Department o �to •!ttural cruces conducted a site inspectionteat of + orifis+. chat a'substantial of the filledint and abs~prtoper state portion of the lot was witbaut permits. The State of Jeinnenota took the enclosed :photograph quad others prior to any filling so as to be able to .;:control tho development of a low area of hake Minnetonka. A - .peiMit !MSC granted for minor lake shore alteration so as to allow the dockage of boats on the lagoon side of the land: (see plat - .,erosshatched-'red) Evidently this permit vas used to obtain and deposit fill on the entire point. It is my understanding that no Twit wae'obtained for the Village of Orono with respect to this i.. filling. ; • •. ",4ohn'Anderson and Marion D. Barrett, the developers of this r• atm,`.were of the opinion that these lots (Tracts Wand I3 Isere thbuildable and''should be preserved in natural condition'"for the r benefit of the other developed lots. marion D. Barrett.00ntinues to'reside-in the platted area, and can oe contacted for historical • .. infOrMa.tios. c Be•bas1 personally •iafosad me.that the legal •mer =' tedto''aaquirs_title to the filled portion of land was beyond his r {• .:• a gas bonsion... Age felt the land was so .low it was not worth the loges::ase, wzt of- og.,attempting to defend ojaiaast :tom- take awmr., As a rc h... : lost the title to the filled porti •t€se lagoon P....t.'to=iso devealoped. • we x'ealiaer 'that this' dispute is ' iu }y civil;natter between the partie® aural we do not egpec, the ori 'tO"eatOrO�e ' u� private rights. F�Ver,' the-fat,.that tole'. 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'7 '';' I'..'..* lefItBAS the City Countil.tes Consigetwa,..cu oppLatiliviAP,:.:41K--A- -,: -,':,•," * . , :: .. . , ..+........,A-4ye. , • ,.--'-',-1--- ' .•:- - - -: s-ibdivisial plat for Casco Point Old P410- *len bY•thillrlea„ .Olt. 1..."1,.,-.....„...L.1,4,--',e *'..,t,.,-,•,'•,. .- e..7.., ' *••,. i -.:'--.,▪ •.:-:- -.'-:' '-. . ' .! : 10/,,•.THINFORE. SE IT RESOLVED, that the CityCouncil:o . the; :,. ; • .- . :".• L., : .:, . of Chu)* hereby approves the plat for Casco Point,216.Additioni:„Iiimnepit--,-i,, ... - . .. : ... . . :county',lemosseta; subJect to granting an *aloes easement. ' ..t0list..:1::Akernee:.., , .. .7••:.:.; •-:--'.... '-:•r-'s Lot 2 sod„to.,the park nediestioo.Foe beist paid. ....i.:,,..... ./:.• .„„.,,,,.rt...., • ,-,/. _,....-..o.i..••.,, .... - , ' . ..,• ..., . . . This resolution will omit.* on .z ' -. 1976 if-the a U.,. Dearibc-Ill - . i011illit ''''' '' '',,:'''' :. "'. ''''• 111bdivisicat plat..has -not been filed with the --00Ooty-,9eitister ;.,.., . - .,„:.• ...„ Ikente!le of Deeds in-that irgent it will be akeaseiy tn. it's nest epiglottis:in:J. .." •'• -4 . '.' ' . .*-'.•:';• ••• .-4 1' 'with the City' of Orono'for subdivision approyaL, i . . Dated-this 24 . day of May 1976. - •• . , . • r : . .: io, • ,.., . 1 , . . Robert L. Searles, Mayor 4 ;1 ,..• ATTEST: , i $ . . ,.,. •i /alter ; ( /1.ZVI * ,k- WR. &, cierk/Adsdnilefater (i A 1; i? k .,.., tl '$.. 1 . •,' I .$ •': ,. . '.. r,•.-• • _.-... - •--. t--.. r.4,-...- .-. -. ..,:. -,-,- - •-r,',',., -..-;`;I'.A,i';.,..+,7- -..:,,;a-..,•-..•.-..-(3'...7-:W"'7:,,tc:S..;'i.si:....,;-./P.4.•*;i::,r:7';.....:2';'!:.71:0F...,e. ' ,,. . ^., '''':7 :'.:2S:':f.' - •�sY l ,.., } +,. �-,yr .„--e-_, L :.e.i • !"z �' f • -.T- •'x ,-...§:::77-„--....•-- 7---+•e+.-.ry, ' :: .-: >F77,77.-::7'.'-v."7,7: T`'.•r. 7� ' [ i r` x tea ,•••!‘',..'"--... �1 k.- . ,r a»- -Y .+ i,.�. 6 ��`� ���: iL.;��.. . ���q5 '4 7:Y a ._• :.!!'i ?� � r 1 S. -:-_ � y .�, a ti a �t r A,Y a 7` . r v'r ��„�;4,� r,�"kh+.�iSrty� y�y�� ��y :',rt��,f�t+ •:•:•41:0,-;•:4*,�,.,.;;; ;',- 'N:. ,. ` t �'� ' + �.�.. f �� J • >� iime �a•-. • 1 • •-• t t,,•,:, Yh ]• '1'a i<^• iG �11 ' . ex,. •4 • i yy� ti . s ,,,6. [ , e .. k� f ,...-..4 2 Y4,• 4r * ,,y^s''''Rn' }'•` - 7 ", R t fY J • y�e . it }ydidhaugubt t `a< t ir't 4 -•'...-,'.4%. '1z f y ,yf r, .;r' /Q4 °'the ' • -/` r 3,,k a 00 s°' vI .'R ;4 ,:„,, , gyp uC .•: `' _ 1�� ,I � ?4'i'"�t �'4 �, -.? ?� ',"�.4 -.6"`', rte+�4.. 1 .y� Aisiteira h. y ). }rT' R § K•�s 4Q .ii' �"'A i'. r1W r.. 7. Y- f F,,- i 4 is t ] �1]t 14.-5 !' 7fi t t4A44,',iv • 9 1"niirX S y7�.,-,. (. .1`.=, �t,y���}�" ;fr.}i .t`,'�. yF+ a 1 :: It2:4:06r, • ' s'aeerlitstirond(`' " 'b0-.3 vik.. t, , :4.,. , M"s . . ,. ,,,C,a,,„ . a , i' he. '3nal s an l ____:._...,,, ,,„•,,,, ., ' s•.'fi ' �" !�Y •� r, tete l /a infioxaI me, wouuld b• y ;f. ` r •oommstrt> in •sem. a,•m�enner so a. `not to x " � , e , , era Y 4 , ' any hardcover toward the lake. The applieatit . ,. .- must obtain approval of all other agencies ►loo• y - _ << r a. „-.,„!_,,,,,,y...Y Planning Commission Meeting - May 17, 1976 ' Fa ,' ;; The Planning Commission recommends approval of ' • a conditiorul”,use permit and variance to grade a narrow approach to the lake because of the - :2:, steep•oliff'liYke Wit. • The approach . would include a stairway to be constructed of untreated ties and gravel, so as not to add to the hardcover problem. The applicant was also • instructed to replace the 11 trees which were . removed from the shoreline with 11 new trees of 11/4 `to 21se diameter and restore some tvy the • other foliage_ �/removed with evergreens as sh m obi theoitr plan. f ; Welsh, moved, butler seconded, to a the conditional • t for.,Tout Vyi�, 679 Minnetonka Blglands Lane, subject to the ' Planning COmmission minutes of May 17, 1976. • Motion, Vis. (5) - Nays (0) henry Muhich, Building & Boning Administrator, PZNAL PLAT stated that Mr. Charles Cox, 3580 Ivy. Place, has 3580 Ivy Plate submitted-the priers and hardshells for approval of •final plat. Our 1576 tax records indicate the raw land value of the to be 016,600, of which 108 would be assrspsed are park dedication. `" fee. The Planning Commission recosmends approvalZ.---",,..-'''' of the final Pitt on condition an access easement be granted Lot 2 across Lot 1 and payment of the appropriate park dedication fee. , . 4 . 1. • M - ar, ' , 'TI Y!A)y -.' "777 37'7 7T.T-7;::7';'''''''i, -Ir-7 " T h K r es s . FAL er '4,;',* 0f:5 9 1r 4 .t r a^ +lv 7.; . ,m a �'` ; 444 , ,,,t- t1+' , -.'--giv`r a ,,, r ' ' ,, r , 1 1.:'", •', t'.0 'e -, • a .--' % s e it r'' , t �y'i. t ,-,,.. `E • . l..!'x �. If + i.v.,, -1.4.4„ iiiiN " y' x -, } r& ° r .. r s. 3 ,i -e.:'i 7r' '1 }t i! ;Sfix d . , i + � 71'•4w'-4- SIL '71„.•,•';� d4. . �� 41-iA,ve§ . • ..- ; b 4 ' , x ' Q p. T r+Y',...01.4 .ti, ' t,,,„*.;' / P1��frsH =' ' 3 , i z ,`+ t t r a-,d, '. i xfi �„p ; 4 ,.q� (* ` : '41 ' Q *, 7711�a y?' Z t ) i`6 � S, :4, .3� f "�•y�� ..�'•'�#w ,*".',4,;.... ,., � 11 3.. l" / fL i +1 i1 1 �,.:7x �'• 4& a• 't114.'“-144.4,"r ' x' :''' . ', ;rr. 'Y4,�411 Nor,,M' ,. i;,,.... �i4ri;;t-•,ir t ,'r.p..r '14tt ..�' C ! r it„: ,terga • taut r ,'"''<.,1,} +'t.0 a FY a} ;.(,(,:fit$ •• t•R' i.: '' -*Via start ortguta`,'iY�ai�eat ti- -' :sF f, ,ai. ‘,a . J ,,It?,+tee• dit.,,,y• , ., , 6 R a� j. 3uR.`'^ x ''RL 1 , y - ;1 . • „ ,, ' %.y $ V • • T ti a t er 7r3 4 ?R%...:*S 14-.. r • .✓, 'Y . t a t i * r} x ,;- ffff : - , t - ��6t-r r , tr �:t �'”te',,s$'s3Y,+ bra . �,•. t: o ca o Lsttion„ wow would`'errivit at •a ' t - .1 .L*a '"�+1" '£`r}tt;rt 9a ,.., park dedication tee of less,than the $400ilt .-i c � ., ,y .- . riinisu i therefore, 'a total parte :dedication i �' " ,, z, "� toe $80 Would be forthcoming before final ,-;!--.,..1.,,,,,,z„,,,,,7%,,,,,,,, a Y " 'ice y . 4 The Plac fining Cor saioa rroa snde approval w a^ ° � �,_ <M ofthe.fixial p3LCit .dabloot t0 t of the; - t x` , park 8rdiost3 ; Leo Old oarept�with a3tl, � ` k �' County tions-listed in the letter - ; ,�: . of April 29, .1971,. which 'includes dedication i ,„;' county an:ad&itiy i1 10* of right of trey along t -�. . covn�►ty IIfi• J R• NSI Butler mowed, Welsh se oridol, that Reholatiott MRSOLUT200 $805 ' . ' ! 0685, A Resolution Approving The Registered” Lana RLd .a *i2 t 4 8 No. , be adopted. kotion, Ayes (5) .. 4. '; Mayo tp} ""."` nem, h uhiCh, building & Sating. AOeiiniatrator, Cdl�IDZT10II L highMOW .K..; stated that atter info Donald F. Hagen, 2130 $hdsywod r, , 2130 ahedy ood hoed, that i€ pr. sous proposal =- ": , s��. ' to rip rap his Shoreline wee .approved only to the sxtafl of rip rap, Or. Bogen:appeared , , beforo the Cc mission to request reconsideration ` f of hic request for grading. , he showed slides of the sting`watahoots and ifs along- the shoreline and an existing ridge loft from an abandoned tennis court' located about 45' free the shoreline. s The Planning co'niaeLon agreed this existing • . man-made ridge presented problems in maintaining the existing lawn eras and reo s mended approval - of grading this ridge. The Planning Commission • also rc ometended reiotral of the hazardous pump i house and rip rap of the entiro shoreline. Hr. • Hagen iloo requested consideration of moms _Ming and grading in one narrow area to facilitate access to the lake. The Planning Commission felt properly designed rip rap could resolve the access problem. (Continued) py.s. • , - ,_ .. • r- •, -',.-::,•,-'3 tif• . . ' V- .- tt:'. •••• •-4-pogi.v.,At .,,.: . i.iitic.„.„, . , ., . . ..,„. ,-.. ,..:.,,,.:4....-: ,,,.(,..::- ",..k.„,,.:,- •1,--NI.e3r,eic...E.P ...4 ,-- ... ....- !.. , ..• „,... . ,.,.... ..-:,,. . ,....„.:„..,..,...„. 7.,• .::'...-.,,,;.,f.:',•i,:--. ) ''' ..f.tf-,•:,.tr.,•:,:z;:',7.:-12, '?..• '-:?: -, ,,,,,w2r....ki,,,ii.A.,,*. • - '' ..- s• ?,i'..4:,. 4,I.::: -, -.: .-2"i4,77,",-:,.-;,,t; .-'".".;:i?olk c? le ' . ''.' .. .,;;;;•::...l''.,- •.122',If:: . : , ... . I , ,p...tql.,1,,.... ,.,t.)1, 7. , _4.7.., I ' ' 4 ' ,' , ' ',4:'', t.:,...,„'--j-. .,;",''' '':'',W,r2-1.:7::. 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'- V..'?tr•':•:'!;- . i-_:''';,;:-.... '....e'::`.:.7,':.-7111,1Ki!.;Ot- 01t4410;-,i4Z z.:,:ii,-- •.,,...;'-...' ;6,....:;..;..i.,:, ;,:i. .,-,_4:2.: %,'•-•;`:; --;,`-;-;.:1-.!.;,sj !. :(:,e-:: ;-• -....k, 4: 'td •••'' .,''::: ,;4',..'-''' '; ilOr: •-•,..-:''-'''.'.:-4'•:-)..;.. tkitEIRefkl--,;,. ,:i1-.;:..;•.R-#..•'‘-71,i'''''• it,4,'.F.'4.;•:::.7.t•,,'..,s......:-;',....e;';71,4"..-4 .11..''',$:i;'71,-.1 ";1''., :',44.',-. !..- ' ' .I4. . .:":qi,i ..f.',-,%",i,44.- '.•!'‘','1;:-.. t.f r: ' ' ..-.1'2.- Cryital Say.;-99f :55121'• '. - ' '. .- • •,,' '-'•`, - •-:Y--•••'• •••''• ,"7'''..j:-.,:a!' ..!!lifT,!-',.'.,..i,;',7,.1-7. f Bub sot Casco Point Addition 3576/0:10 /,17/Wee*, . - :•••.`.•;.:::', •• . .' •• -.k,• ,i-. -{, •,,,,,-,••• ..',„:-,..k. ' Dear Al: • , . . In accordance with your request of April 1, I have: • •: :•,-..., . , • . .... • reviewed the soil borings and proposed plat .of 'the Casco - ' .-• "•,..- , '-•.• ' Point Addition to make recommendation as to the buildability ':•• ;'1-!': •''' '•,..‘", '';';'.... i of the site. My comments in this regard follow. • .., : • -, , • • . . ..i,,,,•.;•?„.:-7. : . ,. . . As noted in the soil boring report dated March .l6,:l976 'v- . for Mr. Charles Cox by Braun Engineering Testing, the site '-' ..•': '.: ..le:::‘ , ,..,. in question has 3 to 10 feet of dredged fill material oVerlaying.,' ..-,,. the previous land surface or lake bottom. Due to the nature of the placement of this fill (ie, backcast dredge spoilt, the ...1:-.t.„ compaction in this fill material is not sufficient to support , ... .. %-, ) normal building loads. The soil borings also indicated the. ' . - • . .:::,,',-;.',.,:.,- H presence of peat deposits in 3 of the 4 borings, thee* depOilitS- . -- .7',-.'•::.f.:- '. ' ranging from 4 to 6 feet in depth. I would concur with'the - •' !-,....- -: . ',;.7-..i,,;;,,, •'. soil engineer'9 recommendation that the peat and inatiffigient ' : - compacted fill materials be removed and replaced with '• -- ,,,?4,?;„ifiv granular materials. If development is to occur on this site, properly rplaced 7 and compacted granular material (as recommended by the soil * - .' , engineer) would create a buildable site as long as the lowest floor elevation of any structure built on the site is not ,, - - , •-, ...: less than 933.5 (for reasons of flood protection) . . ,z.• .i . . . .. . . . The question of the excavation and backfilling of . ..-.. ' , ,: . !,,...,•• , „ .. • -: - - . . . . -,. ,,,.. . .,.„_ 12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS. MINNESOTA $5441 TELEPHONE (612) 66114E00 ,.. 96 NORTH MAIN STREET.HUTCHINSON.MINNESOTA 66360 TELEPHONE (012) 11714021 SOUTHWEST ENGINEERING DIVISION,MARSHALL, MINNESOTA 60260 TELEPHONE (NT)11246110 . . .. .. -- •.':4*_:- ,,,,, . , , . ., . , .... ..-