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Home My WebLink About06-19-2017 Planning Commission Packet SCANNED PUBLIC ATTENDANCE MEETING DATE -N--1,01-e-- 1 -/ ate/ 7 ❑ COUNCIL 13 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 1. )-()/ / Z-14-p, 4 3( 70 To /ed 7V 3 2. Ja 14 J-2-' z e-644)44v' t *____5 3. Kri Sten qchw )-'Z - All Elie rj1 Sok 1- 4$° Stvbbs Eql Rd -4F LI- 4. ick Lt - • --ik- LAM)— AAS 4 St C746 (/11 go AD 1 6. . AnAxA ke-E6-0/-\) a --) 0 --) LJpfiLers9 r� Li)h 7. -) fqAOVNIP C(43'-' -f/ 1 D// Sec,/_ 7 ( 8. ) S 2-3 15- I) � 1i � 9. Gv.-1-f3 /I1- 2 ; 13 old 6crcii K ci . s 10. Ciffily ( yai . 1i b * g__. 11. ' &-.4._ Z--r7d v D/ Yit 3 12. JA kynakkk 5b eLOAZi7-d41//t_. j S 13. 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SC/4NNE -I Stubbs 1 Bay ) \ 2. 17-3933 Catherine Sweet, ! 1 ��_ - -____. 3405+&3407 Crystal Bay Road, ` L'CITI.-- -7I Vacation jI } ( (Staff. Jeremy Barnhart) 1, l JNorth• 11 3. 17-3942 Lori Zappa, L- /�I i Arm —�� Tanager 3670 Togo Road, I `=' „ Maxwell Lake •t Variances � , ) L Bay (Staff. Melanie Curtis) `( French ri. Forest Marsh Lake (1 • 15' 4. 17-3943 All EnergySolar on behalf of ..iii:/y. ■ �,' ~�1 l❑ , „-- Larry Baran, ,- Mn ay j ;_ 19 � ISI / 4$0 Stubbs Bay Road North, ,\ Bay + I ,�.� .\ Variance ►L� ;�� (Staff: Jeremy Barnhart) // Smh ly ` '`� ~ ii any 5. 17-3944 Westwood Professional Services L, 411.1-A ----1,4:I "��+ on behalf of Ugorets 8098, LLC, r/i ' i West le 'id t r.' Bohns 2520 Shadywood Road, kill r. , �i, Crystal poi Zoning Change& Master Plan f ,�► � Review Harrison `� _ ,! � (Staff: Jeremy Barnhart) Bay #17-3842 e .. �)�j�\.� ai . n. ...1.rte _ ,/ `.- �1 , L UJ wgtr.n.rrir 5) ■ g -{ AC� \ t J .? _ - C `4• �,ditirillaill- Lafayette �� '1''--1' ` r �rsomeememmis. 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Tho drawing Y neither a MAIN."corded map nor a 0 2686 Feet BOLTON sunray° '�Mnot gationintended o tobe cow.dfoone.ThM draining M a...negation of records,Information,and data & MENK Muted In sedaa�y,county,and state offices,and other .ones owns the area a,ee,,...a M to bound for reference purposes only.The City of Orono is not 0 Bolton&Menk,Inc-Web GIS 6/15/2017 3:53 PM repwo6M for any lnaocurades herein oarined" Real People.Real Solutions. i t CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 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 Denise Leskinen,Chad Olson,Loren Schoenzeit,and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron,City Planner Melanie Curtis,and Recorder Jackie Young. Council Member Wendy Dankey was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. Approval of Planning Commission Minutes of April 17,2017 Leskinen moved, Schwingler seconded,to approve the minutes of the Orono Planning Commission meeting of April 17,2017,as submitted. VOTE: Ayes 5,Nays 0. 2. 17-3925 City of Orono,Text Amendment: Small Lots/Setbacks,6:35 P.M.—7:03 P.M. Barnhart noted the Planning Commission reviewed this item at their April meeting where it was tabled. The issue of setbacks for small lots within the City has been on the ordinance review list for several years. In the Council's goals for 2017,it ranked as the 5th most important issue. In 2016,the City processed 41 variances of various types; side or street setbacks were included in 19 of them. This is as a result of a number of properties having been developed prior to the enactment of the regulations,resulting in the property owner having to request a variance of some type for many improvements,depending on where the house is located. At the time the original ordinances were created,property owners were encouraged to combine smaller lots into one bigger lot,which did not occur as often as the City anticipated. There are several areas of the community where the development pattern is inconsistent with the zoning district. Barnhart displayed several maps: Map A shows lots in red that are less than 1/4 acre,with clusters of these lots being located in 1/2 acre, 1 acre,and 2 acre zones. As an example,the LR-1B district has a minimum one acre lot size. A number of lots are a quarter acre or half an acre. The front yard setback is 35 feet,the side yard setback is 10 feet, and the back yard setback is 35 feet. A majority of the lots do not meet those setbacks and are nonconforming. In the nonconforming situation,any property owner who would like to expand would require a variance,which tends to be a 6-week process. The question before the Planning Commission and the City Council is whether the ordinance should be modified in some manner to allow these properties to be improved without the need for so many variances. In the case of a variance,the property owner needs to demonstrate a practical difficulty. Map B shows lots in blue between 1/4 and 1/2 acre,with clusters of these lots being located in 1/2 acre, 1 acre,and 2 acre zones.Each map includes the zoning legend. Approximately 95%of the non- conforming lots are within one of these four zoning districts. Page 1 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Barnhart noted Staffs report identifies four different options. One option is to leave everything as is and retain the status quo. A second option is to create a new zoning district. The challenge in that option would be to address both the larger and smaller lots,which could open up some potential problems in the sense that the City's ordinances oftentimes reflects specific zoning districts. If a new district is added,it is possible some items may not be addressed, such as stormwater or hardcover requirements. As a result, Staff is very cautious about creating a new zoning district. An additional concern with rezoning is that it invariably will add density. Barnhart noted if adding additional density is a concern,this option is probably not the way the Planning Commission and/or City Council would like to go. A third option is to modify the existing zoning district and adjusting the setback requirements in selected districts. If the setbacks are reduced for the RR-1B zoning district,it would allow some of the lots to be improved without the need for a variance. Barnhart noted the RR-1B district probably encompasses one- third of the City, and if the setbacks are reduced on the larger lots,it is likely additional density will also be added. The final option is to reduce the width requirement. In the LR-1B zoning district where the lot requirement is one acre and the lot width is 140 feet,if that lot does not have the 140 feet of required width,the side yard setback could be equal to 10 percent of the lot width. If the lot is 60 feet wide, 10 percent of the lot width would be six feet. Staff,however,is proposing a minimum of eight feet,which reduces it somewhat from the current 10-foot side setback requirement. Barnhart stated while that is not a major change, Staff is attempting to balance the desires of property owners to expand their footprint with the desire of their neighbors not to have a house real close to the property line. Barnhart stated if the Planning Commission feels the setbacks are an issue,they should consider one of these options. In addition,language in the draft ordinance amendment states that adjustments to the side yard setback adjacent to an unimproved street can be made. An example of that is the property located at 300 Crestview,which is located next to a right-of-way. That property owner had to go through the process to vacant a segment of the road,which reduced their setback from 30 feet to 10 feet. Staff is looking to get feedback from the Planning Commission and the public on the different options. Thiesse asked whether the City is confident that all of the unimproved rights-of-way within the City will not be developed or whether any areas should be identified as not being included under this ordinance. Barnhart indicated they could,but his feeling is that the City has already improved the rights-of-way that it needs. Thiesse commented as long as the City is comfortable that it has the right-of-way that it needs,he does not have an issue with that. Schoenzeit asked how width is measured on a nonrectangular lot. Page 2 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Barnhart indicated the width is defined in the City's zoning ordinance and it is based on the width of the at the building setback line for nonlakeshore lots. On Lakeshore lots,the width is measured at the ordinary high water line and 75 feet back. Schoenzeit asked which number would be used if the numbers differ. Barnhart stated he would use the shortest dimension. Schwingler asked if the City had 41 variance requests last year. Barnhart stated the City had 41 variance requests last year and 19 of those variances involved side or side street setback variance requests. Thiesse asked if there were any applications where a side street setback variance was the only request. Barnhart stated if it is a substandard lot and they do not meet any of the setbacks,they also have to request lot area and lot width variances. Barnhart indicated he did not determine if there were any applications that only requested a side street setback variance. Chair Thiesse opened the public hearing at 6:49 p.m. Brandy Carlson, 1185 Arbor Street,stated she would like to note the intent of this is to free Staff from needing to do the paperwork to grant variances. Carlson stated having lived in the area for 30-plus years, she knows that most of the lots in her neighborhood are nonconforming. If those property owners were to build out to the side setback,they would still require a front or a rear variance. Carlson noted her house sits on over three acres and is only 35 feet from the street,which is similar to the other homes in the area. Carlson stated she does not feel this will help free up Staff time since the applicants would still require other variances and that in her view the map is somewhat misleading. Carlson noted she sent the City a map where she would suggest rezoning be applied,which would be in the sewered areas, and that in her view she does not feel it is suited for the outer part of the RR-1B district. Carlson stated she would ask the Planning Commission to consider not going with Staff's recommendation and that things would be better addressed with rezoning. Carlson stated if her neighborhood is rezoned to one acre,the neighborhood would increase by two parcels,which would be the two parcels that come out of her 3-acre parcel. In addition,the front setbacks would then be 35 feet and the sides would be 10 feet,which is the same thing that is being achieved with this. Rezoning to one acre might also alleviate the possibility that all these people may need a variance to the front yard setback or the rear yard setback since it would be reduced from 50 to 35 feet. Richie Anderson,3205 Crystal Bay Road, stated they are currently looking at constructing a house next to the marina on a 57-foot wide lot and that in his view,under the new ordinance,with the 20 percent structural coverage and five percent more for hardcover,they are going to be able to build a really nice house with the 10-foot setbacks. Anderson stated he would not want to be the person who lives on a small lot with an adjoining small lot where they can build closer to the lot line. Chair Thiesse closed the public hearing at 6:53 p.m. Page 3 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Thiesse commented he cannot remember the last time the City had a variance request for just a side yard setback and that he does not see any reason to streamline it. Schwingler asked whether this would be considered spot zoning. Barnhart stated if individual neighborhoods are rezoned,someone could make an argument for spot zoning. Barnhart stated if the zoning parameters are changed,he would not consider that spot zoning. Thiesse stated one possible way would be to make it administrative from eight to ten,and if it does not meet what the City is looking for,the person would need to apply for a variance. Barnhart stated whatever the setback is approved at,he would be able to approve it, and that in his view this version of the draft ordinance solves what the City is trying to achieve. Schoenzeit stated in his view the 10-foot setback,even on small lots,is another nice feature to prevent homes from being on top of one another. Schoenzeit noted the City can look at the variances on a case- by-case basis. Thiesse stated since a side yard setback typically is not requested by itself,it would not really help streamline the process at all. Leskinen indicated she is in agreement and that it would be better to look at the lot on an overall basis. Barnhart noted there are three issues that are being addressed with the draft ordinance. The first is side yard setbacks and nonconforming lots. The second issue was unimproved rights-of-way,and the third was side yards adjacent to the street. Schoenzeit stated the goal of streamlining things will not happen and that these are unique situations that should be reviewed on a case-by-case basis. Thiesse noted if a person lives next to an unimproved right-of-way,it might be a case where a person could get by without a variance. Schoenzeit questioned how many of those situations exist and whether it is necessary to change the ordinance to address them. Barnhart stated when you have a nonconforming lot adjacent to an old fire lane and that requires a 30-foot side yard setback rather than 10 feet,that can be pretty drastic to a property owner. In the case where the right-of-way happens to be improved at a future time,potentially there is a risk that the road will be closer than 35 feet if the text amendment is adopted. Leskinen commented she would be inclined to accept a 10-foot setback next to an unimproved right-of- way and leave everything else as is. Thiesse and Schoenzeit indicated they are in agreement with Commissioner Leskinen. Barnhart stated under that scenario, Sections 2 through 5 would be stricken, and the only setback change would be the side yard setback adjacent to unimproved rights-of-way. Page 4 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Olson moved,Schwingler seconded,Application No. 17-3925,City of Orono,Text Amendment: Small Lots/Setbacks,with the recommendation that Sections 2-5 be stricken and that the language pertaining to the side yard setback adjacent to an unimproved right-of-way remain. VOTE: Ayes 5,Nays 0. 3. 17-3934 Jim Kirkland on behalf of North Shore Marina, 1955 Shoreline Drive, Variances, 7:03 P.M.—7:09 P.M. Jim Kirkland,Applicant,was present. Curtis stated the subject property is a marina which has had an existing free standing pylon sign identifying their site since the late 1980's/early 1990's.At this time the applicants wish to remove the outdated pylon sign and replace it with a new low-profile stone monument sign in a different location. This new sign will be 40 inches tall and is proposed to be set back three feet from the property line where a 10-foot setback is required and 60 feet from the lake where a 75-foot setback is required. A hardcover variance for the 75-foot area is requested to permit the 15 square foot footprint of the sign where no hardcover is permitted. A variance to the sign ordinance is also requested to permit a 16-inch clearance from the grade. The code requires a minimum of 20 inches of clearance from grade for the sign copy area and the applicants are proposing 16 inches of clearance.The 20-inch requirement is to facilitate placement of plantings around the sign. Hennepin County has submitted comments relating to the sign location and have expressed no concerns. To date,no additional public comments have been received. Staff finds the site's size and orientation squeezed between Shoreline Drive and the lake serve as practical difficulties supporting both the setback variances as well as the hardcover variance. Additionally,the width of the shoulder supports the installation of the low-profile monument sign within the required setback. Although the sign will be three feet from the property line,it will be ten feet from the"curb"and 20 feet from the fog line on Shoreline Drive.The ground clearance requirement conflicts with the applicant's desire to have a low-profile sign. A fence located at the same setback could be 42 inches tall and the sign is proposed at 40 inches. Planning Staff recommends approval. Thiesse asked if the City would be assuming any risk by allowing the sign closer to the road. Curtis stated she is not aware of any and that the City Engineer and Hennepin County are aware of the request. Thiesse asked why the applicants only want it 16 inches from the ground. Curtis indicated the applicants would like a low profile sign and that they do not need the sign to identify the site. Jim Kirkland,North Shore Marina, stated they are just looking to have a more updated sign. Chair Thiesse opened the public hearing at 7:07 p.m. Page 5 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Joe Malkusky, 1950 Shoreline Drive,asked if there is a picture of the sign available. Curtis displayed a color rendition of the proposed sign. Malkusky noted he lives across the street and that his concern is whether there will be any lighting on the sign. Kirkland stated they will back light the letters and numbers rather than projecting the light up on it. Kirkland indicated the lighting should be pretty subtle and soft. Malkusky stated those are his only concerns. Malkusky noted a number of accidents occur on County Road 15 and that he does not want the sign to be distracting to drivers. Chair Thiesse closed the public hearing at 7:08 p.m. Schwingler commented the request is pretty straight forward. Leskinen moved,Schoenzeit seconded,to recommend approval of Application No. 17-3934,Jim Kirkland on behalf of North Shore Marina, 1955 Shoreline Drive,granting of variances,per Staff recommendations. VOTE: Ayes 5,Nays 0. 4. 17-3935 Orono Public Schools,2687 Wayzata Boulevard West,Conditional Use Permit, 7:09 P.M.—7:20 P.M. Justin McCoy,Orono Public Schools,was present. Barnhart stated the Orono School District plans to purchase the building at 2687 Wayzata Boulevard and convert it into a bus operations center and storage. While bus garages are not a listed permitted or conditional use, Staff believes they are similar to trucking but not distribution. The implication here is to avoid large warehouses that require frequent deliveries to and from. The bus operations will include a small office,restroom,and small maintenance area for minor bus repair, as well as indoor bus parking for 18 buses. Also indoors will be 5,000 square feet of storage for the school district,primarily supplies and equipment. Outdoor bus storage would include 15 buses and vans to be located along the east property line. Additional exterior improvements include above ground fuel tanks at the front of the building. Landscaping and pine trees are also proposed along the front of the building. A formal landscaping plan has not yet been developed.No additions to the building are proposed. The Orono bus garage is currently located at 505 Tamarack Avenue in Long Lake. The bus garage traffic will be highest in the morning between the hours of 6:30 through 9:15 and early afternoon between 2:00 and 4:30 as part of the school pick up and return process. No students will come to the bus garage. Since these hours also align with the AM rush hour,that may limit the ability to make a left turn out of the driveway,though no traffic study has been requested. The plans for Wayzata Boulevard show a median break and there does not appear to be room to accommodate turning lanes. Page 6 of 23 • CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. All property owners within 350 feet were notified of this application. To date,no public comments have been received. Barnhart displayed pictures of the existing site. Barnhart stated the biggest issue seems to be parking of the buses outdoors and the fuel island. Staff does not view vehicle parking as outdoor storage but there is a concern with yellow buses visible from the street and the residential/commercial properties to the north. It is suggested a berm and landscaping be installed since this is preferable to a fence as fences tend to degrade over time.The Planning Commission should discuss location options and possible berming and screening with the applicant. Staff recommends approval subject to the following five conditions: 1. No bus washing improvements since SAC and WAC charges are associated with water usage, which will impact the City,and bus washing will result in debris and oil before it enters the City's sewer treatment system. 2. No repair work outside of the building is to be performed. 3. The fuel island should be located in the side or rear yard. 4. Staff does recommend,rather than six pine trees,a berm and landscaping should be added to be approved by Staff. 5. Compliance with the City's Fire Code. Thiesse asked how tall a bus would be. Barnhart noted he is not suggesting the berm to be as tall as the bus. Justin McCoy,Coordinator of Facilities and Safety for the Orono School District,stated Staff has done a good job and the School District is in agreement with Staffs recommendations. Thiesse asked how the traffic situation will work for the school district at the new location. McCoy stated there will be some vehicles that will have to cross traffic but that there is full access into the building with right and left-hand turn lanes. McCoy stated they do not really see any challenges since the buses will leave before rush hour. Schoenzeit asked if this is an upgrade or a downgrade in terms of number of buses. McCoy indicated it would be an upgrade since it is a larger building and is fully sprinkled. The buses stored outside would be more charter buses and the buses that are used on a daily basis would be kept indoors. Thiesse asked if the site has been maximized or whether additional buses could fit on the site. McCoy stated 33 buses are more buses than the school district currently needs. Chair Thiesse opened the public hearing at 7:17 p.m. Page 7 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 7:17 p.m. Thiesse stated his concerns are the fill station and the height of the bean. Barnhart noted Staff is proposing a 2 to 5-foot undulating berm with plantings on top of that to be approved by Staff. Thiesse stated the site is pretty wide open currently but a few years ago there was an adjacent property with large trucks that was approved. Thiesse noted he drives by that property regularly and does not notice it anymore. Barnhart asked if the screening that was applied to the adjacent property should be applied to this property. Thiesse stated to his recollection the City did not require any and that he would prefer what Staff has recommended. Olson stated he would prefer a berm over a fence. Thiesse asked if a fuel station is critical or whether it could be located in the back corner. McCoy stated it can be relocated and they will do so based on Staff's recommendations and the direction of the fire chief. Schoenzeit moved,Leskinen seconded,to recommend approval of Application No. 17-3935,Orono Public Schools,2687 Wayzata Boulevard West,granting of a conditional use permit per Staff recommendations. VOTE: Ayes 5,Nays 0. 5. 17-3936 Orono Public Schools,685 Old Crystal Bay Road North,Conditional Use Permit, 7:20 P.M.—7:27 P.M. Justin McCoy,Orono Public Schools,was present. Barnhart the school district proposes to remove two small sheds consisting of approximately 1,400 square feet and replace them with a larger 64 by 96 or 6,144 square foot building to be connected to an existing garage. The buildings will be metal sided and match the existing structure.The buildings will house ongoing maintenance operations of the school district property and facilities.Also included in this project is paving the existing gravel parking lot and adding 3,500 square feet of asphalt in front of the garage doors of the new building. The school district, in conjunction with the rotary, constructed an outdoor`kitchen' adjacent to an existing pavilion on the property in fall of 2016. Since the kitchen is an expansion of the building,a Conditional Use Permit is necessary. The kitchen consists of an approximately 280 square foot patio, concrete counter,and a propane grill. The kitchen is located on a lot that is 16 acres in size and the maintenance project is located on a parcel 32.95 acres in size. Page 8 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. The projects are not expected to be visible from off the property and are not likely to cause any impacts on adjacent property owners. In terms of the scale of improvements already made,these two projects are minor. The overall property consists of approximately 32 acres and currently has two buildings and a sand gravel area. The projects add minimal hardcover to the property and zero hardcover in the 150-foot lake yard.The garage space will be 30 feet from an interior property line as required but the existing building falls within the setback. To date,no public comments have been received. Staff recommends approval. No new access off of existing roads is being proposed and Staff does not anticipate any impacts to adjacent properties. The Planning Commission had no questions for Staff. Justin McCoy,Coordinator of Facilities and Safety for the Orono School District,stated one of the items before the Planning Commission consists of an outdoor kitchen that was done in conjunction with the Rotary. McCoy apologized for not obtaining approval for that project ahead of time but that he is here tonight to make it right. The second item is the maintenance building and will be used to store maintenance equipment. Chair Thiesse opened the public hearing at 7:26 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 7:26 p.m. Leskinen moved, Schoenzeit seconded,to recommend approval of Application No. 17-3936,Orono Public Schools,685 Old Crystal Bay Road,granting of a conditional use permit per Staff recommendations.VOTE: Ayes 5,Nays 0. 6. 17-3937 Black Bear Builders on behalf of John Brooks,905 Ferndale Road West,Variance, 7:27 P.M.—7:31 P.M. Stuart Cleveland,Black Bear Builders,and John Brooks,Applicant,were present. Curtis stated the applicant is proposing to construct an approximate 3 x 6 foot concrete pad to support installation of a natural gas fuel generator less than 75 feet from the ordinary high water level at the bottom of the staircase. No hardcover is permitted and structures are not permitted within 75 feet. The structure is also proposed within 30 feet of a potential wetland. The proposal results in an additional 19 square feet of hardcover within the 75-foot setback. The property is nearly 10 percent below the allowed 25 percent hardcover level. The most inconspicuous and logical location for the generator pad is where it is proposed. The generator will be accessed by the existing secondary driveway. From the lake,the improvement will be completely Page 9 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. screened by the remainder of the property,and at least than three feet tall,it likely will not be visible from the road. Moving the improvement further from the lake to the south would result in locating it in a steep slope likely causing further disturbance. The wetland setback and hardcover variances are supported by the site constraints. Planning Staff recommends approval of the variances. The applicant should confirm the dimensions of the proposed pad since there was a conflict in the plans provided. If the pad increases slightly to conform to the plans, Staff would continue to recommend approval. The Planning Commission had no questions for Staff. Stuaart Cleveland,Black Bear Builders, stated he did notice that there was a slightly discrepancy on the size of the pad and that they are proposing the pad to be approximately 4' x 8' to provide a little extra room around the generator. John Brooks,Applicant,noted the plans said 3' x 6.5'. Brooks commended Planner Curtis for her work on this application. Chair Thiesse opened the public hearing at 7:30 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 7:30 p.m. Schwingler moved,Olson seconded,to recommend approval of Application No. 17-3937,Black Bear Builders on behalf of John Brooks,905 Ferndale Road West,granting of a variance,per Staff recommendations. VOTE: Ayes 5,Nays 0. 7. 17-3938 TC Homes,Inc.,on behalf of Nancy Bloms, 1325 Rest Point Lane,Variance,7:31 P.M.—7:52 P.M. Brian Tata,TC Homes,was present. Barnhart stated the City has received an application for a variance to construct a new home on this substandard lot. The proposed improvement would encroach into the side street setback six feet. A 35- foot setback is required and the applicants are proposing a 29-foot setback. The lot is substandard as to width at 75 feet wide where 140 feet is required and is substandard in area at .35 acres. The property does meet the hardcover and structural coverage requirements for the zoning district. Barnhart noted Rest Point Lane is to the south,with an unimproved alley to the west,and County Road 19. No access is proposed off of Highway 19 or off of Rest Point Lane. The alley currently provides to one lot and secondary access to the lot to the north. Three lots would come off the alley if this application Page 10 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. is approved.There is an egress well located in the setback. City Code does allow egress wells into a required yard up to five feet. This proposed improvement would meet that and Staff feels the request is appropriate. The floor plans show a standard development that would be expected for a house of this size. Barnhart displayed an aerial photograph of the subject property and pointed out the location of the alleyway. The City has received some public comments which were included in the Commissioners' packets. Those comments expressed concerns about drainage onto their properties and the impacts to a retaining wall and an irrigation system currently on the property. There were also concerns relating to the amount of traffic in the alleyway and the possible loss of valuation to their properties. Staff feels the applicant has demonstrated a practical difficulty and Staff recommends approval of the variance as requested. If the proposed improvement was bigger or multiple variances were being requested, Staff would feel differently,but as proposed, Staff recommends approval. The Planning Commission had no questions for Staff. Brian Tata,TC Homes, stated they are proposing to construct a single-family home on the lot. The lot poses some challenges as far as width but in his view they have done a good job designing an attractive home for the neighborhood. Thiesse asked if any confirmation has been received from the other surveyor named in the email received earlier today. Barnhart indicated Staff has not received anything. Barnhart stated concerns relating to water runoff are important to Staff and during the building plan review Staff ensures that runoff is not going onto the neighboring properties. Chair Thiesse opened the public hearing at 7:39 p.m. Steve Hatcher,4635 North Shore Drive,stated part of their concerns is runoff since they currently have water in their basements. Hatcher stated when his insurance company looked at his property,they consistently said that if there is a structure placed at the proposed site,that will increase the water coming into their basements. Thiesse asked if this is subsurface water. Hatcher indicated it is subsurface water. The previous owner built a retaining wall on part of the easement area and a portion of the retaining wall to the north of his property continues to have pressure put on it. Hatcher stated it was noted when he purchased the property that the retaining wall was starting to blow out from the water. With placing a structure and diverting that water around the proposed property,it will continue to increase the water towards the retaining wall area. Hatcher stated a portion of their sprinkler system is up in the left-hand corner,which will result in the need for him to reroute his sprinkler system. Hatcher stated that was something that was unknown when he purchased the property and it will be relocated. Page 11 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Hatcher stated another challenge is snow removal. Currently all of the snow from the driveway is placed on the far side of Rest Point Lane. With another structure on that property,it will continue to build up on the sides. Hatcher indicated he has 12 grandkids who play in that area and that having higher banks poses a problem to the kids. Tom Ahren, 1335 Rest Point Lane,stated he did take the plans and met with Mark Gronberg. Gronberg indicated the plans should be more detailed. Ahren noted it is approximately45 feet up the street to the top and that he does get a lot of water runoff as well. Mark Gronberg's concern was that he did not see any way they could avoid all of that and that it would be difficult to control the water. Ahren noted he already has had to dig up his foundation three times in order to improve the waterproofing and that he is very concerned about the runoff. Ahren indicated they are willing to acquire this property from the seller and keep it as a green,open space. Ahren noted there is also a lot on the other side of the street that would be better to build on and that they are not opposed to a home on that lot. Nancy Bloms,Applicant,stated the two gentlemen did make offers on the property but that her realtor reminded them repeatedly that they could up their offer and purchase it. Bloms stated this builder and buyer in good faith purchased the property. Bloms stated the neighbors had every opportunity to alleviate any problems they perceive from this. Bloms noted this is a buildable property and what is being proposed appears to be a good application. Bloms stated when she first heard about the retaining wall issue, she looked at it and it appears to be far enough up to not do any further damage. Bloms stated the water is probably all going to head down to the southwest corner,which is going to go down the fire lane into the lake,which is where it should be directed. Bloms stated a person cannot leave a buildable lot vacant that they own to accommodate someone else's property and that they had a lot of opportunity to purchase the property. Bloms noted Staff is calling this an alleyway but that it is an access way,which was similar to what was approved earlier tonight. Bloms stated when she looked at this property, she felt having 35-foot setbacks on three sides was asking a lot of a property owner. Bloms stated that variance is probably irrelevant at this point but in her view it was a good call on the part of the Planning Commission and that she can see why they would want to look at things on a case-by-case basis. Thiesse noted the Planning Commission recommended that portion of the ordinance be approved and that the City Council would need to approve it. Chair Thiesse closed the public hearing at 7:48 p.m. Thiesse asked how the City deals with subsurface drainage. Thiesse noted subsurface drainage is more difficult to deal with than surface runoff. Barnhart stated Staff can inform the property owner that there are reports of subsurface drainage which may impact their buildability of the site and that some further investigation should be done. Barnhart noted the City's ordinance does not restrict subsurface drainage but it does restrict collecting of water and dumping it onto adjacent properties. Barnhart stated he does not know if that is cause to deny a variance on a property that is otherwise buildable in the City's eyes. Barnhart noted if it did not require a variance, the applicants could have simply obtained a building permit. Page 12 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Leskinen commented the request is not unreasonable and is similar to many other variances that have been granted in the past. Leskinen stated in her view the Planning Commission has no grounds for denial based on subsurface water concerns,especially since it is considered to be a buildable lot. Leskinen stated she sees more grounds for approval than denial. Thiesse stated he just wants the developer or builder to be aware that it is a sensitive issue and that people have come forward raising concerns about the issue. Leskinen stated builders and developers are always encouraged to work with the neighbors. Schoenzeit suggested a structural engineer be used to design the foundation. Schwingler commented he understands the neighbors' concerns but that they had the opportunity to purchase the property at fair market value and that it is not a basis for denial. Leskinen moved,Olson seconded,to recommend approval of Application No. 17-3938,TC Homes, Inc.,on behalf of Nancy Bloms, 1325 Rest Point Lane,granting of variances per Staff recommendations. VOTE: Ayes 5,Nays 0. 8. 17-3939 John Bailey,2807 Casco Point Road, Conditional Use Permit, 7:52 P.M.—8:44 P.M. John Bailey,Applicant,and Ron Anderson, Final Grade, Incorporated,were present. Curtis stated the property owner is requesting a conditional use permit in order to repair and restore slope failures which occurred in his lakeshore yard in 2014. Since that time the property owner has been attempting to develop a restoration plan that meets both the City's lakeshore goals and his goals. The applicant shared his difficulties with finding an engineer to certify his plans for restoration that did not involve completely denuding the slope and making a significant cut into the yard. The applicant recently provided the City with a plan to restore his lakeshore slope.The project involves removal of the compromised soils,saw tooth cutting of the subgrade,and installation of new compacted soil,a yard drain,a drainage pipe,Filtrex living slope,stabilization ponds,and plantings stabilizing vegetation. An updated plant list was submitted over the weekend and provided to the Planning Commission. A conditional use permit is required as they propose to stabilize the slope by removing approximately 300 cubic yards of compromised soil material and replacing it with approximately 500 cubic yards of angular soil to be compacted and restored. The Consulting City Engineer has reviewed the submitted information and provided the following comments: "The information that has been provided by the applicant indicates that the proposed improvements include more detailed and complex solutions to deal with site drainage and slope stabilization than we had originally anticipated and discussed,including infrastructure along with grading and vegetation. Page 13 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. We recommend that the applicant have the proposed improvements reviewed and approved by a licensed professional engineer to ensure that site specific conditions such as drainage area and soil conditions are adequately considered in the location,sizing,and installation of the proposed infrastructure." While Staff finds the restoration of the slope failure areas to be necessary and the intended finished product is consistent with the City's goals for natural looking shoreline,the applicant's plans appear to incorporate some"engineering solutions"which are not designed by an engineer. Staff recommends verification from a licensed engineer that the proposed solution will effectively stabilize the slope. Staff does recommend approval of the conditional use permit,but based on the City Code Section 78-1283 referenced in the Staff report and the City Engineer's comments, Staff also recommends the applicant provide a restoration plan designed and certified by a registered engineer. The Planning Commission had no questions for Staff. John Baily,Applicant,stated the plan has been pretty well laid out and that he has put together a very capable team on this project. Ron Anderson has done a lot of these steep slope repairs around the lake, including the Wayzata Muni. Tom Niccum is also working with the team and he will be performing the riprap at the bottom of the slope. Norling Landscaping will be doing the planting. Bailey distributed some photographs of other projects completed by Ron Anderson. Some of the other projects completed by Ron Anderson include Howard's Point, which included a sewer pipe and a 50-foot high steep slope; and the Coffey Bridge. Bailey noted both of those projects were very difficult but the completed work was successful. Bailey stated in 2014,the area experienced a heavy rainfall and it washed out a portion of the slope, which has since been stabilized. The first washout occurred in June of 2014,which was followed by another rainfall that caused two additional washouts,including one of the adjacent property. Bailey stated as a result,he attempted to get an engineering solution to the problem. In order to engineer a solution,they would have to cut the slope back,which is very expensive and would require pilings. Bailey stated that engineering solution was not practical and that he continued to pursue a solution by looking at other areas along the shore that had washed out in the past. Bailey indicated that then led him to Ron Anderson,who designed this approach. Baily stated based on his experience,the repairs will work rather than having to do a whole re-grading of the shoreline. Bailey noted this is a residence and that a commercial building will not be built on this lot. Bailey commented his proposed solution is better than what currently exists and that it will not be possible to obtain an engineer's signature on his plan unless they cut the slope way back and obtain a 1:1 slope. Thiesse stated his main concern is with regards to the Filtrex,which says that it should be a 2:1 slope. Thiesse noted he would need further information on the Filtrex. Ron Anderson,Final Grade, Incorporated,noted the Filtrex is used in the early stages until the plantings are established. Anderson indicated Filtrex was used on the Wayzata Old Muni site and that they successfully completed that project approximately five years ago. This project proposes an eight inch thick Filtrex,which is a little deeper and stronger and steel rods can be run into it if necessary. Anderson noted they are unsure how much they will have to excavate on that slope to get it to be stable. Page 14 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Chair Thiesse opened the public hearing at 8:08 p.m. Roger Frommelt,2805 Casco Point Road,noted he lives next door and that he had a similar catastrophic event. Frommelt stated he has lived in his house for 48 years and that he is really riding on John Bailey's coattails when it comes to this project since he does not have the resources to do all the investigating. Frommelt stated if what John is proposing is approved,he might do what John is doing depending on the costs. Frommelt noted the slope lasted for at least 50 years and that what Mr. Bailey is proposing is better than what it was to begin with. Frommelt noted the soil in the area is mostly clay,which might be why it held for so long. Chair Thiesse closed the public hearing at 8:10 p.m. Thiesse commented there is a reason why engineers want to go back further. Schoenzeit stated in his view the City would be setting a dangerous precedence to allow an applicant to do a project that clearly needs engineering if they do not require that engineering. Schoenzeit stated in his view it would be irresponsible and dangerous for the Planning Commission to allow it on this project since there will likely be other people who want the same waiver. Schoenzeit stated he would not be comfortable approving it and that in his view the applicant would want to know it is going to survive 100-year rainfall events before making this type if investment. Anderson stated a couple of factors apply in this situation. Anderson indicated the slope does have to match the neighboring properties,and if they used an engineering solution on this one,they would also have to clear cut and slice the neighboring property's slope off. At some point the City just has to say we are going to fix it and they cannot impose these kind of costs on a homeowner. Anderson stated the second factor is the structural integrity of that slope. The reason the slope failed is because the rain came from the west and it rained really hard and the ground was saturated. Anderson noted the middle of this property is steeper than anywhere else and the water drains on both sides of those lots. The reason they failed is that all the water focused in one area,which increased that saturation point. The purpose of the proposed berm and the surface drains is so no other water can fall on that slope except for rain. Anderson noted a 3:1 slope is structural,a 2:1 slope is a substandard engineering slope,and a 1:1 slope is what sand will stand at. Anderson indicated they are proposing a slope at just over 1:1 and that is only because they cannot go towards the water. Anderson stated the only reason they have to staircase the slope is because the subsoil is so saturated that they need to get down to virgin soils in order to compact it. Anderson indicated the saw tooth method is very common and works very well. Anderson stated the City has to be careful about requiring an engineering solution that will impose many hundreds of thousands of dollars because the homeowners will not do anything. Curtis asked if they have done a drainage area analysis to determine how to size the pipes. Anderson stated they do have that information. Anderson indicated that area is 500 yards and that the far right of the property runs forward. Anderson stated there really is not a lot of water but that they want to make sure the drains are adequate so they are proposing to install two 12-inch pipes. Anderson stated the real factor is the hydraulic pressure,and that once the soil gets so saturated, it cannot hold and fails. Page 15 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Thiesse noted there are engineered options that will allow them to go to a 1:1 slope without any hard surface on the front. Thiesse commented this is a difficult situation but the City cannot just allow something to be done without a certified engineer signing off on it. Thiesse stated he understand Mr. Anderson has experience and is good at what he does,but that he cannot in good conscious approve it. Anderson commented the property owner should be able to landscape it. Thiesse noted the Planning Commission is just a recommending body. Schoenzeit stated he would not make the recommendation at the Planning Commission level and that perhaps the City Council would be willing to allow it. Roger Frommelt stated a person can go all the way around the lake and find five similar situations so in his view they will not be setting a precedent. Frommelt stated if they want things to look natural,that is what nature did to the slope. Frommelt stated in his view they can find a reasonable economic solution and that the proposed solution is better than what it is now and better than what it was before. Patty Baily noted her husband is an engineer and that his company has built a number of things all over the state of Minnesota and are used to the soils in this area. Bailey commented they are willing to live there with that slope with full confidence that it will be strong enough. Bailey stated she would love it if the Planning Commission would come see it. Bailey stated the situation in her view is very dangerous and that she worries every time someone is in the back yard. Schwingler stated he agrees with the homeowner. Schwingler stated with regards to setting a precedent, in his view it is landscaping and not structural. Thiesse stated the unfortunate part is that the Baileys have had several engineers out to the property and they have all proposed things that they do not want to do. Thiesse stated it may hold up but then again it might not. Leskinen asked how it would impact the City if it doesn't. Thiesse commented if it fails,the slope would be back in the lake. John Baily noted this is a residence and a lakeshore. Bailey pointed out there are still portions of the lakeshore that remain so they know it will hold. Bailey stated he wants to restore what washed out and that what they are proposing will make it as good or better than what held. Bailey stated this is a practical solution and it does not require an engineered solution like a road. Bailey reiterated it will be better than the adjoining ground and that it is not rocket science. Bailey stated if they look at it from a practical standpoint,they can see how this can be repaired rather than cutting everything back to make sure it meets engineering requirements. Thiesse noted they just required an engineering solution of a family on the north side of Long Lake. Schoenzeit stated as far as the Planning Commission is concerned, they cannot recommend a non- traditional solution. Page 16 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Thiesse commented the Planning Commission can certainly recommend to the City Council that they allow it,but that he is not ready to do that. Schoenzeit stated the applicant can plead his case to the City Council. Thiesse asked if the fact that it will be as good or better than the adjoining land is an acceptable reason to allow it. Schwingler stated it is an acceptable answer to him. Leskinen asked if an engineer can sign off on a well thought out landscape plan. Thiesse stated they would run a stability analysis. Leskinen noted the Planning Commission is not requiring retaining walls be put in and that they are just requiring that the plan that is presented be certified by a professional engineer. Schoenzeit stated on the flip side,the City almost has nothing to say about it when it has been reviewed at that high level,which is the purpose of the engineer's signature. Schwingler stated in his view it is a well thought out solution and that it is landscaping. Thiesse asked if the Planning Commission would even see this if they were not moving that much ground in the 75-foot setback. Curtis indicated that is correct. Curtis noted within the 75-foot setback,the administrative threshold is 50 cubic yards. Within the Shoreland beyond the 75-foot setback,the administrative threshold is 500 cubic yards. Curtis stated the permitting threshold is 50 cubic yards and that anything less than that outside of the 75-foot setback would not require a permit. Curtis stated it is the proximity to the lake and the amount of material that is proposed to be moved that triggers the conditional use permit. Curtis stated because there were solutions proposed such as the drainage pipe and the catch basin devices, Staff advised the applicant that he needs an engineer. Curtis stated once those engineering solutions were proposed, Staff requires an engineering review. Barnhart stated the City wants some assurance that it solves the problem and at this point Staff has no confidence that it will. Barnhart stated Staff wants to make sure it does not do further damage to the slope. Leskinen stated given the amount of analysis that is needed, she is inclined to go along with Staff's recommendation and would err on the side of caution. Thiesse indicated he also is leaning that way. Page 17 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Schoenzeit commented he is the last one to say that the City should make someone spend money,but this particular activity is at an intensity level that requires engineering. Schoenzeit stated he cannot make a recommendation for them to go forward with it since it is against Staff's recommendations. Leskinen stated if they can find an engineer that will sign off on the plans as proposed,then that is one thing,but that she is not comfortable with it. Olson stated he is struggling with it since the property owner did not cause this problem. Olson stated he does not doubt the capability of the team but questioned whether the City is setting up a level of expectation that other applicants will also not require engineering. Schwingler noted it would be reviewed on a case-by-case basis. Thiesse questioned whether the future owner also has an expectation that it will hold. Schoenzeit stated the liability probably comes with a future property owner. Curtis noted conditional use permits are recorded against the title of the property so they would be accessible to a future owner. Thiesse stated in his mind it is more than a landscaping project and is remediation. Schwingler stated he is okay with it without the engineer signoff. Schwingler commented it is a tough case and that the property owners are trying to do the right thing. Schwingler stated he understands the importance of an engineer signoff,but instead of allowing the property owners to improve what exists,the City is now penalizing them and requiring them to get an engineer approval. Schwingler commented sometimes it comes down to a practicality. Schoenzeit commented he knows enough about engineering that he cannot say yes to this. Anderson stated they do have a slope stability analysis done. Anderson stated clay is amazingly structural and that the issue is that the filtration that has happened has to be removed. Schoenzeit asked if there is any hydraulic pressure coming from behind the house. Anderson indicated there is not and that they are not changing the existing drainage patterns. Anderson stated they could have an engineer look at the piping,the sizing,and the water volume and include that in their information. Anderson stated that way they will know it will handle the water volume. Anderson indicated they are just trying to stabilize the slope and not impede on the neighbors. Schoenzeit stated that might be an opportunity to get another opinion and another set of eyes to look at it, which would up the confidence. Leskinen stated regardless of what the Planning Commission recommends,they can still argue their case before the City Council. Thiesse indicated he would be okay with sending this forward to the City Council. Page 18 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Schoenzeit stated there is a lot to be said about the fact that the property owners can do nothing and that what is being proposed is an improvement. Schoenzeit stated the homeowner is willing to take the risk, and having another set of eyes look at it will help make it a better project. Olson moved, Schwingler seconded,to recommend approval of Application No. 17-3939,John Bailey,2807 Casco Point Road,granting of a conditional use permit subject to the applicant obtaining engineer comment and/or certification regarding the drainage structures. VOTE: Ayes 5,Nays 0. 9. 17-3940 Jason and Anelise Peterson,4105 Highwood Road, Variance, 8:44 P.M.—9:05 P.M. Jason and Anelise Peterson,Applicants,were present. Curtis stated the applicants are purchasing the subject property and wish to construct a new home to be attached to the existing garage. The new home is to be set back 5.2 feet from the west property line where 10 feet is required. The home will maintain the 10-foot setback on the east property line and be approximately 77 feet from the lake. A tiered wood deck is proposed to be set back two feet from the west lot line and will follow the 75-foot setback line. It will encroach 12 feet into the average lakeshore setback. The southeast corner of the home will encroach into the average lakeshore setback approximately five feet toward the lake. The proposal results in 28 percent hardcover,which is a reduction from the existing 34 percent. The new home will be attached to the existing 3-level detached garage. Based on that garage and the topography of the lot,it will be defined as 32 feet in height where 30 feet is allowed. There are numerous practical difficulties inherent to the property supporting the setback variances connecting the home to the existing garage such as drainage,topography, location of neighboring homes, and the narrowness of the lot as it goes from the lake to the street,which restricts the buildable area to approximately 20 feet wide at the narrowest point. The neighbors on either side have provided supportive comments. Staff supports the setback variances to connect the home to the garage. Staff further recommends denial of the additional setback for the tiered deck and hardcover exceeding 25 percent. The decks should be reduced on the west side to match the 5-foot setback of the house. This will also reduce hardcover by at least 67 square feet. Further, Staff supports the variance to the defined height. The Planning Commission had no questions for Staff. Jason Peterson,Applicant,stated this is their dream lake home and that they would like to build a nice home for the neighborhood. The property has a number of challenges,but they are attempting to complement the neighborhood with the proposed improvements. Peterson indicated they are willing to do a significant amount of water mitigation and reduce the hardcover from 34 percent down to 28 percent. Thiesse noted Staff has recommended denial of the deck and the setback. Page 19 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Peterson indicated he is aware of that and that they are looking for a way to get the stairs down the side of the deck. Peterson stated if there is not an option available,then they might not be able to have stairs on the deck. In regards to the denial on the hardcover,Peterson noted there are a number of water mitigation measures that are being proposed. Peterson stated on the west side of the property there was some drain tile installed,which is not draining properly and results in water going into the garage. Peterson stated they are looking to significantly improve the drain tile and have proper water mitigation on both the west and east side. The runoff is going into the neighbor's property currently and they are hoping to improve that. Peterson noted this is a narrow lot and is 40 feet wide,which presents a lot of challenges. Peterson stated he is grateful the neighbors are willing to work with them on the drainage. Peterson stated the water mitigation they are proposing and removal of the hardcover in the 75-foot zone is why they are asking for a little bit more on the deck. Thiesse asked why there is a jog in the 75-foot setback line. Peterson stated the surveyor has verified that that is the correct setback and that the shoreline jogs in that area. Peterson commented they are really looking forward to being part of the community. Chair Thiesse opened the public hearing at 8:53 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 8:53 p.m. Schoenzeit commented this is a tough lot,and when you look at it,by making the one side tighter,they have one good side to work with. Schoenzeit stated with a lot that is 40 feet wide and with a building pad that is 18 feet,it is tight to work with and something needs to happen. Thiesse indicated he is in agreement with Commissioner Schoenzeit. Thiesse stated in his view the deck is not very practical since it is not even four feet. Thiesse noted they are placing the whole house out of the 75-foot area but placing the deck within the 0-75 foot zone. Olson commented the deck is also oddly shaped. Peterson concurred the deck is awkward,and if they are not going to be able to have the steps on the west side due to the encroachment,they maybe could look at redesigning it. Peterson noted it is approximately 15 feet up and that they would like to have stairs going down. Thiesse stated he hates to meet the intent of the ordinance simply to meet the intent of the ordinance and then not be able to use what they have. Schwingler commented it is a great improvement to the property and decreases the hardcover. Schwinger stated in his view there is a practical difficulty. Page 20 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Schoenzeit stated by giving them some credit for keeping the five feet,they could maybe have more on the lakeside. Schoenzeit stated the way to go would be to have a normal shaped deck that is six or eight feet lakeward of the end of the house but not going past the 5-foot line. Thiesse noted eight feet is not very much but that they would be able to have a round table with some chairs on it. Thiesse stated he would prefer to have a usable deck. Schoenzeit stated he would prefer not to have anything within the 5-foot setback and that they could redesign it to come off the end of the house. Schwingler moved,Leskinen seconded,to recommend approval of Application No. 17-3940,Jason and Anelise Peterson,4105 Highwood Road,granting of a height variance,granting of side yard setback variances for the new home and deck,granting of a hardcover variance as proposed at 225 square feet, and granting of a lakeshore setback variance for the redesigned tiered deck,with none of the deck or stairs encroaching into the 5-foot setback. VOTE: Ayes 5,Nays 0. 10. 17-3941 Orono Public Schools,685 Old Crystal Bay Road,Text Amendment,9:05 P.M.— 9:15 P.M. Justin McCoy,Orono Public Schools,was present. Barnhart noted this is a joint application with the City and the Orono Public Schools. The school district property is zoned RR-1B,which is primarily a residential zoning district. Some cities have institutional zoning for churches and schools,which Staff also reviewed as part of this application. With the goal of trying to avoid the school district having to go through a number of steps to gain approval for a project that the City would normally allow, Staff is recommending some changes to the zoning district that would make schools located on property 15 acres or larger a permanent use. This would help the existing middle school,high school,intermediate school,and elementary school so they would be a permitted use. With the change,the maintenance shed that was reviewed earlier would be part of a site plan review and approved administratively. / Barnhart stated the reason why the 15 acres is an important component of this is that a newschool complex would still need to go through the conditional use process,which allows the neighbors to comment on the application. Generally issues associated with schools are traffic and intensity. The proposed ordinance would allow the school district to make improvements to their property under the site plan review. Thiesse asked if someone would be able to open a charter school on 15 acres. Barnhart indicated that would operate as a permitted use under the proposed text amendment. Barnhart stated lighting on a football or soccer field would require a conditional use permit since it would impact the neighbors. Staff recommends approval of the text amendment. Leskinen noted under Staff's recommendation, it recommends Option 2, which allows schools as a permitted use. Leskinen asked if that was intended to be Option 1 since it is amending the existing RR- 1B zoning district. Page 21 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Barnhart stated that is correct. Barnhart indicated Staff did look at a number of options and one of those options was to create a complete new zoning district,but due to some concerns with adding a new zoning district, Staff is just proposing to make a change to the current zoning district. Justin McCoy,Coordinator of Facilities and Public Safety,stated he commends Staff for helping on this application and that it will help save the school district money as well as expedite the process. Chair Thiesse opened the public hearing at 9:13 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 9:13 p.m. Barnhart stated if there are any other major impacts that were not listed in Staffs report,the Planning Commission is free to add to or delete from the list. Leskinen moved,Olson seconded,to recommend approval of Application No. 17-3941,Orono Public Schools,685 Old Crystal Bay Road,text amendment,Option 1 amending the RR-1B zoning district to allow public and private elementary,intermediate,middle and high schools,and would not require a public hearing for most projects. VOTE: Ayes 5,Nays 0. 11. Update on City Council Meetings Held on April 24,2017, and May 8, 2017 Barnhart reported on the following City Council actions: • The Text Code Amendment regarding Interim Use Permits was approved 4-1. Interim uses are now allowed at specific locations. The Planning Commission recommended denial. • The interim use permit request by Lake West Development was tabled. • The Ivy Place sketch plan was reviewed and Council provided feedback. • Approved an ordinance amendment relating to wetlands but did not make any changes to the setback requirements. • Approved on Consent the variances requested by the Brandenbergs on Forest Arms Lane. • Approved a conditional use permit for Mike Hart on Casco Point Road. • Approved a variance and conditional use permit for Bill Toles on Ferndale Road West. 12. Other Issues for Discussion None Planning Commission Comments None ADJOURNMENT Page 22 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Leskinen moved, Schoenzeit seconded,to adjourn the Orono City Council meeting at 9:18 p.m. VOTE: Ayes 5,Nays 0. ATTEST: John Thiesse,Chair Page 23 of 23 SC ANNED Item 2 Date Application Received: March 29,2017 O Date Application Considered as Complete:March 29,2017 V.,041 60-Day Review Period Expires: July 29,2017 Original 60 day review period extended To: Chair Thiesse and Planning Commission Members tie c` Doug Reeder, Interim City Administrator eAkesHov`` From: Jeremy Barnhart, Community Development Director Date: June 19, 2017 Subject: #17-3933, Catherine Sweet, 3405 and 3407 Crystal Bay Road, Vacation of street Public Hearing Application Summary: The applicant is requesting to vacate the unimproved right of way between 3405 and 3407 Crystal Bay Road. Staff Recommendation: Planning Department Staff does not support the vacation of the right of way. A public hearing is scheduled for June 19,2017. To be consistent with state statute regarding rights of way adjacent to waters of the state,the public hearing must be continued to July 10, 2017. Background The applicant owns the parcels on either side of the subject right of way,though desires to sell 3407 Crystal Bay Road. The subject right of way was provided to the City in exchange for the 1908 vacation of the right of way on the east side of 3405 Crystal Bay Road. In right of way vacation the property reverts back to the property that provided the rights of way. Often, right of way is provided as part of a plat, and upon vacation, both adjoining parcels receive their half of the right of way. In this situation,since one property(3405) provided the right of way,that property would receive the vacated right of way. Originally, assuming both parcels would receive half of the right of way, 3407 Crystal Bay Road would have lake frontage, perhaps allowing for a dock. The City is historically cautious when considering vacation of roads the lead to the Lake. Once vacated, opportunities for lake access, including trails,are lost, and due in part to the value of lake shore and desire for side yard privacy, nearly impossible to regain. Former Senior Planner Michael Gaffron has provided further background information, provided as Exhibit C. Applicable Regulations:Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and z FILE#17-3933 —__ ... June 19,2017 Page 2 of 2 posted notice, all as required by Minn. Stat. §412.851.The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric,telegraph,telephone,gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Chapter 412-851 of State statute allows a city to vacate a street if it appears in the best interest of the public to do so. The Planning Commission and City Council must find a public interest or benefit to approve a vacation. Analysis Staff does not support the vacation of the right of way. Lake Minnetonka is a valuable asset to the city of Orono, and a vacation of right of ways that serves to limit the access is not in the best interest in the city. The applicant has not demonstrated public interest in the property can be maintained. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission feel the vacation is appropriate? 2. Are there any other issues identified by the Planning Commission? List of Exhibits Exhibit A. Application Exhibit B. Survey Exhibit C. MPG background memo Exhibit D. Notification information Exhibit E. State Statute 412.851 PC Exhibit A 17-3933 City of Orono SCANNED Vacation Application ._ Street Address: Application# / 7- 393,3 LOBO 2750 Kelley Parkway Date r Orono, MN 55356 RECEIVED Received: 3-02.9-/7 - Staff: �8 Main: 952-249-4600 Fee $700.00 y fax: 952-249-4616 MAR 2 9 2017 Escrow $700.00 G, Mailing Address:P.ONotes: Fees assume t�k sH0�� Box 66 OF ORONO application not part of Crystal Bay, MN 55323-ooe5 subdivision. I/We request an Easement or Right of Way on/or adjacent to the following property be vacated: PROPERTY INFORMATION: Site Address: /14033i40-1OP-i-K5ITYLI3V-1VAD Submittal Requirements 1 Completed Vacation Application 13f. 2 Application fee I 3 Escrow deposit and agreement '®; 4 Survey(meeting ALL requirements) Click t for the City's Survey and Site Plan Requirements. 5-VV,A11 L '1S. 5 Data privacy form '. 6 Hardcover Calculation worksheets. Click r€rr for the City's Hardcover Information Packet. E'`V A A I L ❑ 7 Additional Information requested by City Staff ❑ 8 Electronic copy of all submitted materials via email, CD or flash drive. PROPERTY OWNER LNFORMATION: (Complete legal names and marital status required for each interested party) Name: Irl , i.-1 1\)p I,— k1ial-r-_ - Phone(primary): 602_q-71— 9x33 Mailing Address: .44134- 6,12.1 Ste, d l2..b City,State&ZIP Cj1Z,‘,1 )O M.N.) 5----. q I Email: C'we..e 1-0 Ma ri . 0 byvi PROPERTY OWNER: • Agrees to pay additional fees(staff time not covered in the original fee payment)and/or consultant expenses incurred in review of this extension application,and • Certifies 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 altemative 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 acknowledge they must be present at all scheduled review meetings of the City 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 email. ...---"---7 Property Owner Signature: �, Date: �- .3i7 l))7 Property Owner Signature: : Date: RECEIVED Vacation Application-January 2017 1 MAR.292017 # 3 9 3„,.,.7 CITY OF ORONO SC, Z- 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. 67\ Your full name is required to process this application or permit. L-0[AIE First Middle Last 9-11)5 (\iPu P-diao4 A..ress O City State Zip Phone I un and my rights as stag: •ve. ature RECEIVED CUP Application-January 2017 Page 14 3 3 MAR 2 9 2017 3 g CITY OF ORONO 17-7161/910 al 3034 CATHERINE LOUISE SWEET 3405 CRYSTAL BAY ROAD 952-471-9233 ORONO,MN 55391.9206 arid/-41,1017 0 70C/41 811' - .Ajb + Ameriprise 1 %1 (or Ameripiee ONE'Financial„cc,,,nt Thwack( Noble Th s ou N kayo 8enk NA . . ii, AP frar low 1:09 10 ? 16 L 1':30 3 0 1696 36 Li” City of Orono 2750 Kelley Parkway Orono MN 55356 952-249-4600 Receipt No: 3.017775 Mar 30. 2017 Catherine Sweet Planning and Zoning Vacation 17-3932 700.00 3405/3407 Crystal Bay Rd 101-34420 Cond Use-Variance-Dev Fees Total: 700.00 Check Check No: 3034 700.00 Payor: Catherine Sweet Total Applied: 700.00 Change Tendered: .00 03/30/2017 04:19PM RECEIVED MAR 2 9 2017 3933 WY OF ORONO PC Exhibit B 17-3933 u ..5 LAKE CERTIFICATE OF SURVEY FOR MINNETONKA CATHERINE SWEET .,..z IN LOTS 18 & 19. WALLACES ADDITION TO THE VILLAGE CRYSTAL, BAY OF MINNETONKA BEACH, AND OF LOT 1. WILEY'S PARK E:,.... c= HENNEPIN COUNTY, MINNESOTA v.-• <.S• 11:-.‘ii",-,: ROAD - p.. , • ,,, Z . B A Y • P 0= CRYSTAL ; IX= '' I , -•- 1.• .5 . p. •- _, ... ... t iy . : 1Pi 85'2B 11 t. '.. „ 55 37 1 9 - .-, - • _ o .-..---- ':' S----- • -- ---0 , ...,t ,: ...., • , E•P'S,PC «ars( \ ' 4 —1, ,,-, -, .-.-.A XIS 1 NG i IP pc rst• ;S. P., ',.; ' A i -OUSE , .• 6' ' " '1' - .'-•-' -' . , . 1 I • i p , ;..1p •• A ' '''''''' 1-* . , :,-; • `...." A i' . , . . 5'- -_, _oat .74.%f„.%to ..' . .'''-'7!1 ,, ,o' - • - vor" j , _ ' \.P.96°2 - -.5 ,.. — ,. 05 76 s. 6"•V•'56°" 5-' , ..• pky.0 N'° -•-;.. ''. 'S - ?'NX • ,-...'-‘01 ''.V.lit NIL - RY''' N11, 11* (11) — xt,syf I` 11 .() ') DN 0 i 7. r! �w 71.x,. r h y > • \ 1 r:A , . p1.1 III\ \ • .2 r1'� ,.4 .4a tis \:':'.7° Z,Zi `I SvM„u. ! �i t 1 X l y t + rf• f1ir' • 7 r . 1-' �, , . 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II r, I a: 1 L1 I SCA"" ..,;u PC Exhibit C 17-3933 MEMORANDUM To: Jeremy Barnhart, Community Development Director From: Mike Gaffron, Senior Planner Date: April 19, 2017 Subject: Zoning Application #17-3933: Street Vacation Request List of Exhibits A—CMP Table 4A-8 B— 1908 Deed documenting west 20 feet of Lot 19 as for Street Purposes C—2007 Gronberg Survey of 3405 Crystal Bay Road D—2007 Driveway Encroachment Agreement, Doc. #9000880 E—2008 Rip-Rap Encroachment Agreement F—Survey Compilation showing relationship to City-owned lake lots, platted "County Road", and Dakota Trail. G—CMP Excerpt regarding Lake Access Preservation and Management H—Background on 4 City Lots The property owner of 3405 Crystal Bay Road is requesting vacation of the 20'-wide street right- of-way that extends along her west property line from the Dakota Trail to the shore of Lake Minnetonka. The right-of-way in question is Orono Lake Minnetonka Access Point#7 on the list of accesses included in the Orono Community Management Plan, Table 4A-8 (Exhibit A). This right-of-way was created in 1908 via what functionally was an equal trade-off for vacation of a 20'-foot wide street located between Lots 18 and 19, WALLACES ADDITION TO THE VILLAGE OF MINNETONKA BEACH(see Exhibit B). The applicant's property since then has been comprised of that vacated right-of-way; a 10' strip of Lot 18 along the east side of that vacated right-of-way; and the portion of Lot 19 excluding the west 20' of Lot 19 (see Exhibit C). Applicant's driveway exists within the 20' roadway that she is requesting to be vacated. That driveway is subject to an Encroachment Agreement, Doc. No. 9000880 dated April 23, 2007 (see Exhibit D). An additional (possibly unrecorded) Encroachment Agreement was executed by the applicant in August 2008 to allow her to rip-rap the portion of shoreline where the 20' right-of-way abuts the lakeshore (see Exhibit E). The existing 20' right-of-way provides potential public access from the Dakota Trail to Lake Minnetonka, and may also have uses for drainage and other purposes in the future (see Exhibit F). Page 1 of 2 SC AN N As indicated in the attached excerpts from the Orono Community Management Plan, vacation of public streets that provide access to Lake Minnetonka is to be avoided. This right-of-way has the potential to provide such access, and may have future uses or purposes that are as yet unknown. It would be inappropriate for the City to approve the vacation of this right-of-way(see Exhibit G). You indicated that a possible reason for the vacation would be applicant's desire to result in the property at 3407 Crystal Bay Road gaining lake access via acquisition of all or part of the 20' strip proposed to be vacated. 3407 and the three lots directly west of it do not abut the shore of Lake Minnetonka and are not legitimate lakeshore lots, as the portion of the lakeshore lakeward of platted County Road has been owned by the City since 1934. How to resolve the issue of those 4 off-lake parcels gaining legitimate lake access for docks has been a long-standing issue, reviewed by past Councils on numerous occasions, and is extremely complicated due to a variety of factors (see Exhibit H). A recommendation for denial of the requested vacation would be appropriate. Page 2 of 2 Table 4A-8: City of Orono Lake Minnetonka Access Points - Designated Use and Current Status ID Access Name Plat Between Designated UPDATED 4/2/01 (#5,7) UPDATED 5/21/08 # or Street Name Section Address#s Use _ Notes Brown's Bay(Lower Lake) 1 End of Orono Lane 2-S 1355/1385 Not open for public use;plat map indicates questionable abutment of shoreline -- Shoreline Drive-"Molly's 2-S Across from Shore Fishing Hennepin County provides an informal parking area and trashcans at this wide Corner" (Outlot A,Dragonfly 1410 Shoreline spot along Shoreline Drive;popular fishing spot;winter vehicular access feasible Hill) Smith Bay(Lower Lake) 2 Shoreline Drive at Spates 10-S Adj to 1955 Winter Only Gated in summer;seasonal Long Lake Fire Dept.boat dockage established here in 2008;winter vehicular access allowed. 3 North Shore Drive at Shoreline 10-S Tracts S&U,RLS 192;these tracts are on the steep slope adjacent to Shoreline Drive , Drive;due to slope and safety issues this access point is not open for public use Crystal Bay -- North Shore Drive 9-S 2605/2655 No longer a public access (-Town Road") 4 North Shore Drive at Baldur 8-S 3498/3510 Winter Only 30'wide platted road right-of-way Park Road -- North Shore Drive east of 17-N 3685/3705 33'wide eastward extension of North Shore Drive(Hennepin County jurisdiction) Shadywood Road 5 Shadywood Road at Sunset Dr 17-N 1998/2000 _ 15.2'wide platted alley-closely abutting homes on either side 1 futi 6 Crystal Bay Road(West end) I7-S Adj to 2264 66'wide platted road extending to lakeshore;City also owns 4 adjacent tiny L Shadywood lakeshore parcels to the east for an additional 200'of shoreline,over which a \� number of inland private parcels claim deeded access rights for"boating and _ bathing"... status currently under discussion 7 Crystal Bay Road(Relocated 17-S 3405/34I5 20'relocated alley from Railroad property to shoreline;potential lake access from , extension of Bayview Place in railway corridor. The only known documentation is Doc.0507616 deed tiled z plat of-Wallace's Addition...") Nov. 10. 1908 from Wallace et al to Priebe which states that the 20'strip is Ill "heretofore taken for street purposes"and notes that the platted alley between Lots IS and 19 was vacated by the District Court. 8 Crystal Bay Road(Platted 17-S 3339/3345 25'wide platted roadway;contains municipal sewer lines,potential access from extension of Hillside Place) _ neighborhood and Railroad/Trail corridor to lakeshore Forest Lake 23 Forest Lake Landing 7-N 4415/4440 60'wide platted road right-of-way,access not developed,walking use only 24 Elmwood Avenue 7-N South of 1 199 20'wide platted road/alley undeveloped right-of-way leading to shoreline 25 "Summit Avenue"(Extension 7-S 1067/1101 50'wide platted road undeveloped right-of-way to shoreline of Elmwood Avenue) 26 "Buff Street" 7-S West side of 50'wide platted road right-of-way to shoreline,not developed 1453 Park Dr West Arm Bay 27 North Shore Drive west end 7-S "4795" 33'platted right-of-way corridor extension of Co.Rd. 19 plus tax-forfeited Lot (adjacent to Orono/M'trista Shoreline 10,Block 6,"Bergquist and Wicklund's Park...";undeveloped corridor primarily border) for drainage purposes due to very steep slopes 28 North Shore Drive at"Adams 7-S 4731/4745 40'platted road right-of-way extension in plat of"Bergquist and Wicklund's Street"Extension Park..."undeveloped,very steep,used for drainage 29 Rest Point Lane 7-S 1340/1345 33'platted right-of-way corridor,pavement does not extend to lake 30 Rest Point Road 7-S 1405/1410 16'platted road right-of-way widens to about 40'at shoreline,paved but no boat 101 launching available 31 Orchard Beach Place 7-S West of 1530 50'platted road right-of-way extends to shoreline;tree growth and topography limits vehicular access 32 Highwood Lane Extension 7-S 4156/4167 20'platted alley right-of-way to shoreline;steep slope to shoreline,undeveloped i i Highwood Rd 33 Highwood Road Alley 7-S 4051/4075 20'platted alley right-of-way to shoreline,not developed 34 Corral Road Extension 17-N 1785/1825 20'platted alley mainly for drainage but also walking access Concordia 35 Eagerness Point Accretions 18-N Across from Accretions to the 40'originally platted road in the plat of"Eagerness";title 1965/1985 registrations by most abutting owners have resulted in dedicated right-of-way no Eagerness Pt Rd longer abutting shoreline; it appears that there is no public access remaining Spring Park Bay 36 Casco Point Beach 20-S 2871/2879 Swimming 60'wide platted road("Carman St")used as a City swimming beach Casco Pt Rd Beach 37 Casco Circle 20-S 3195/3205 60'wide platted road right-of-way to shoreline at the south side of Casco Circle- undeveloped Maxwell Bay 9 Gibbs Landing-Fox St. 4-S Adj to 3125 Pedestrian Tax records show access as Outlot A,owned by owner of 3125,City has year-round, easement over Outlot,City maintains access vehicles winter only Stubbs Bay 10 Eastlake Street 5-N 3424/3465 Winter Only 30'platted road gated March 1 -Dec. 1 11 Bayside Rd.at Stubbs Bay Rd. 5-N 3580/3640 Fishing Dock 33'platted road ("Oak Street"in plat of"Bay View Park")Also used for winter access by snowmobiles off Luce Line 12 Bayside Rd 5-N Across from NA Two 60'platted roads and one 65'platted road to the Lake(Park,Spring,and 3640,3700, Maple Streets in plat of Bay View Park;and Theresa St. in plat of Ottoville on 3750 Bayside Lake Minnetonka).These potential access points are not opened for public use. 13 Bayside Rd. 5-N West side of NA 30'realigned platted road(Realigned"Lake Street"in the plat of Ottoville on 3775 Bayside Lake Minnetonka)(Sec street file 3775 Bayside).Not opened for public use. 14 Westlake Street 5-N 372/389 30'platted road right-of-way extending to lakeshore;walking access only. North Arm Bay 15 Park Lane 6-S 607/649 Fishing Dock 60'wide platted road,paved to shoreline-usable for boat launch but there is no parking available 16 Oak Street 6-S Adj to 4119 30'wide platted road,not developed,steep slopes and ravine limit use 17 Baldur Park Road 8-S Across from NW end of platted developed road as it extends to shoreline 1384/1392 18 Oak Place(Platted road in plat 8-S 3768/3818 40'wide platted undeveloped road extending from North Shore Drive across of"Crystal Bay View") North Shore Dr platted Cherry Ave to shoreline;mostly wetland or under water 19 Sandy Beach(Extension of 8-S 3898/3908 Swimming 60'wide platted roadway used for City beach Maple Place) Cherry Ave Beach 20 Grant Street 8-5 1310 Spruce/ 50'wide platted road,undeveloped 1330 Cherry PI 21 Spruce Place 8-S 1250/1260 40'wide(remaining after partial vacation)platted roadway,undeveloped 22 Loma Linda Avenue 8-N 1098/1130 Fishing Dock 40'wide platted road;also useful for vehicular access 047 LI Carmans Bay 38 "Ivy Lane"(Ivy Place) 20-S 3486/3508 60'wide platted road right-of-way extending to shoreline east of Ivy Place- steep,used for drainage 39 "Spring Street" 20-S 2600/2618 40'wide platted road right-of-way from Casco Point Road to shoreline along Casco Pt Rd south side of plat of"Kaster Cove"-undeveloped,walking access only 40 Carman Street 20-S 2490 Carman/ 30'wide platted road right-of-way extending to shoreline,fishing dock 3555 Frederick 41 Lydiard Beach 20-S End of Lydiard Swimming 66'wide platted road right-of-way extending to shoreline,used as a City Rd Beach swimming_beach Big Island A N.End of"Lawn Avenue" 23-N 110 33'wide platted roadway adjacent to Lot 46,Morse Island Parkin B E.end of"Tooisit Avenue" 23-N 110/120 33'wide platted roadway adjacent to Lot 45,Morse Island Park-slope makes use difficult C Unnamed Street 23-N 120/140 90'wide platted roadway between Lots 38 and 39,Morse Island Park-City has established drivable gravel road for emergency&service vehicle access D "Bay Place" 23-N 210/260 50' +/-wide platted roadway between Lots 21 and 54,Morse Island Park Etta E "Meadow Lane East Extended" 23-S 280/290 20'wide platted roadway between Lots 59 and 60,Morse Island Park-steep +1 slope makes use difficult F "Meta-Comet Avenue South" 23-S 340 33'wide platted roadway between Lot F Morse Island Park and Lot 3,Morse ,v.,,.- Island "yIsland Park 2"d Addition G "Massasoit Avenue West End" 23-S 440/450 33'wide platted roadway between Lot I,Morse Island Park and Lot I,Scrivers subdivision of Lot E,Morse Island Park-steep slope H "Meadow Lane Alley" 23-S 450/460 16'platted alley between Lots 5 and 6,Morse Island Park-drivable for emergency and service vehicles I "Pleasant View Street" 22-S 570/600 30'platted roadway between Lot 9,Pleasant View Lake Minnetonka and Lot 3, Island Pointe APR-02-2001 MON 04 :24 PM COLDWELL BURNET FAX N0, 952 831 8851 P. 03 1�,/ PI Y r ' r burl deed• air? en 1/ .I f�cur'a N. Heenan Notary Notary Publio, ITenrin,rit: County, M/itvtirnutn I'. ('otorial 13oaL.) MY cornmisilen expires Nov. 7t) 1914. 1'+ P, `Tir,ner t1 '299MA.b)ZY.f )P9 1 ie 1 ' w. J. JN.r b';r1 i'..: i)0C. NJ. '•;0791'. Fil:d !Tuv. LOth I?Oh"r a.t 12:20 o'cloc'r. p. :•I. 1 °:un nr.; Cori L. lalcce E: w". ro T'7rea L. Priebe Ccunt; i1TIR ITa,1Y7"IT:,E, ride thiS nth, ,11.y of •lovomber in the y,.?ar or our lior'l one tlrou:4-nn %r pera0 nine hundred rind ci;�,t between ,'erl L. Tailrace and AMMy Y. v'nitacer Ilia wire o" i.hn cot:nty or n Yr cu J' 1G1nta41'isi and State or .hues,iota pnrtics or the 1iret port, and F.,,rrn T.,. PriYbe or the County s F. or Rotor•, ^.'tet ;1'41.7,c1 of Minnesota party c; the second pr'rt. i i. ft T;i::nr.li, that t;:e void pities o" the rirT. part, ?or and in consideration of the hitt rr . a. or One thouand snO o4/1.00 io11Ara r to ttem in hunt-1 lair! Ory the said r'nrty or the aecotlri pia.: , v the r'ecerir.t w?'.oroof is hereby a'cKrrowled;;i;r?, lo T-'rely Orart, ,7!arain, Sell err+ Convey unto :Ill I sold party Of TA.P second part, her heir?, rmd nnn1rnn, Forever, oil t..o.t Tor sot or parcel or lkts,t lying and tains in the County or I:eiu.eLin and Steric or glum/sato., described ns follows, to-wit: ' • Al]. of .ot rizteteen 1H N. i ( �)> uve and except the watt twenty feet of paid Lot 1Q, etre r• Arly 1 running from the treat thq north to the aottl- line 0l• veld lot nineteen hrretorore token for i attreot purposes; eine is ntrip or land twenty (20) feet wide, rorn.orly lytt:I; between lots 18 at_d 19, and uned "or street I•urporc , wl.icn vein street 'rise been veoeted and said strip nitro part, • or lend hon been by the decree of the :tlitrict Cot:rt of TTerutepin County, declared to be a part of said lot (19); also a part n" loz Eighteen (1F) berirrhir.E et the Northwest• ir•*) soarer I or Or of mid lot 16, to^t'ee !r,'torly Len (10) refit; thence eoutf to thro rtnr line or laid lot le; Dort .- thence wrze t ?en (t0) feet to the ^Outhwest corner or ;+Aid lot Ei`hteen (1f;) , thence, north to the point or beitrrti + dein. N � rrt�, all o. said lend DUl1tS a pari or Tva'L1n.C^ s Addition to the Village of ' Minnetonka poach, according to the plat •cheroor on rile and or record in the orrice of the t ne001 v ' Rei¢Pter or CeodS in and roe rein Hennepin County and :itnte or Minneaote . t t 1 in ti . '1'o 1lAV�; AND 70 FC0I.D TIT, SAYE, together with all the horeditaments and epJ,rurtenoncva • . thereunto beloni';ir, or in nny-Xinc ai►pArtoinint, unto the ertid party of the second part, h.;r heirrs rind ceei(;ne, T''OR;:V;;;t. 1,n,: tI'e en id curl, LI 'Wallace and Any M. 'S'allacee pasties of the ' fi 0 a' first p;trty for •'•L'1::`r`ti .r: , ',,'.^,':r h:rn, ��C',n,itJ_'s1 and Ft.�rr:lLIP..trutozn, do L'U'dllr.wiL wat.l). Lela , r' • said party of the noeonrl hart, her heirzr ani osalr;n:s, that they etre well seized in rae of the oLltez ! IRMO and premises aforeeaidr and have need richt to ne11 and convey the mune in alnnner and ' tore, afore,-,aid, and that the some are free from allincumbrance. stD1d or LT Tt. is further rlroviAed that in case said party or tile second part, her heire, or rine i ' ' shall ever attempt to or in ere( way carne on the busittee of the rentin of bouto "vi hire, or or 1Y j, ' i � • ,hell or attempt to b-ll intoxicating liquors„ then and in that cage the paid parties or the iiii � I, it'iret part strait have the right to daeln7o this deed to be of no force. end street atld ahnll ar, 9 have a ri;;jtt to ro'-enter end Coke rull. possession or Haid property without repayment to sa'ld . 'neoond party of any conoideratl'on vsrat3aevers hut thie only after o. full. aza complete auww44tq aY? 1 1 in,the Dis.riet,Co Irt of Haid Hennepin Caunty. And the above brtrgained rind.grattttid,�.aiyqutd ' i A3� I r1 le gr, int,tbe. quiet and eaoeo.ble poeeeptahO;' r to , �ti w�,-, *+ ,.. . s `;^>' �- .^; !1; '•ie rn'iFI I"' A PI B D o d o the v'' a 1; 1 11 '.`, _ NDi7i, � : r' '• .. , •� . � . rye!,� r,i,.... `�' .„ � .V '{L`• p n✓ ,rTl�r�'�.Y.9Y..�`:{1"�'•�r G„�'"+ ,'� .�1'. 'kl .�i'%1Y Ch X i APR-02-2001 MON 04:24 PM COLDWELL BURNET FAX NO. 952 831 8851 P. 04 ' ;.v'', 7 J , •'11 Pik•'''. 7.. ', , '::'' l,.•• ,,, ,','+ •'11•,*i,i:,, 1,d ',' „ ...4;q4'.47� :rl' �1��;,I •.' ( .*. "':',...:•• �, .lir,fh ' ;��a .•� � t ti ;.t;ti.i.,.,�� •'M, J ' � 1, ',i, ,` ,, � .,'•iµj t f' i,..' , ",,4. • ,+a C '1• . 11, ,,,f„..' • .I '' . .,' +S J •I,a,'< t Y ) 1.','' `iY''' 'I. ''„ti1 .1 4 ”. '`" ,11,,, ''!r,,10;,;.,.,!.l , t}' ' f'• r'•t' "' '''' pi; ' ';lirq;� 1 y.l`rlr t ,�'`tt R� ��L f 71i r `�1 {'r'i�l' —w.". .1."..:J_...r,..,u.�. _ '(-41 VI.'4; �i'•,•4.1��/ ''61'. '4:h.Ill '' .'IrW1'':ti x451;. ., r ..—, 1 ---,�._h. ,, • •:.J.+. *, ,•••1• • ,,._'•-- 7�..r.i.1M' 1,--..../...1... .- •.rM..-q..+.e "r•::. r•,w..��r.-- ---"'-.7.7::-.:',7,=.7,1-",-.:_'..1... ..."-'r...."..."1 .-".•" ..'T+,n�-�,I.�F"v�.•.� rP.-..�.�...H—r�r• •..* Mn.Tr.•K� � 41WY_r .••.•q•IrV n—.,.•Y••/:NN•a .f7T.r,Ij'1•nrT'f,n•TM�--^�q,i�.r+A✓Jv T1T'�•♦ 1•,. 1A• ' " end assigns, against all persona lowi'tt11y claiming or to claim the enols or any pert there.' ;�,,l, .11"� raid 111rt1Pe of the first art will WARRANTAND 3:•'rte ''„ '� ,;;:— the tit ii1f111hauts . ., r ',:•',,x.;V, it'' Y IN fESTNONZY Vt_ltt�lt, the nate ►.arise of the first pert have hereunto q ,e• ..•:, Nov. 7th 191'4• (I'r, ",.w', ': net choir hAud,and neal,thr, rlr i and year first above ia'ittott; �'!% ,' �I�i • I' t>1 i :1'', ,, ; t. Sighva i Reeled and hclivereil Carl T,. Wallace seal. 0,",1 •',4111. t rreeence of " 't '' I' '- r ,�I, W. d. Barrett Amy M. Wn'lace Real, rt :j ` �,' Rabnrt :;tbpefor • r` ^' 1 :Mete or.': inneahta),) •,j.G.;r r, li'• ;E21. '1 t , .,:•4,' . 1 eouw.y or iIca ul'ir..) 1 'x'141, • ,( rPll! , O:i this i•''th ('ny of Nolev.'er A. P. 190x, before ate, a tlatssii rttblic -rithin rnd l'or.ati'Sd�', o<,,' ��.,,t 11F 1 County. n. reoeto•lly epi cured earl L. •'1a11.t.co ant► Au$r M. 9aileoe to tee known to be the •',i'; 1 B Cut tl or 1><ir one deec:tbk:l tr. r_n•'1 tk o exncLitcri the 'orej;oing iruttrument. and ecknewledgttrl that they 71e, thOLOonri ••�' �'• I� j <,'i• Axecuted,the rrcete as tt;e'_r free net n•e1 aeeo. ;';f'. I the County r, ' r1 �' M11. W. J. Ha rt•.y t; • ` ','k�' PGtar& ?ubllr, T e ricirin County, Mintz ' '�( ;; : ion of L> n st,m ('eternal !teal.) )11y Co a.innion "a7atrit :lull.. 1.3411 tt] i.^ -;y • ,11a I ;second }tru t, )c i,,,,t • covey unto the 1 parcel or lanll 4q i 11eC. 7!, 7 rl �► 7: i45 O'G1')•1 " . ur4• . . 50 seat• F :on A y• 1 h 1 is q:• (; e.', 1,1 owe) to-wit: I,t. •ti i l a rf W. ^i, Kehi.edry ti r'. `�:, r Q, AZ1d To r ll.t I Amy l,. ,liVien +,r`e»`,?:.141�ii t akej i for �•I,r;;' THIS Yr'"Ir7"i(r'rE, tide t.):1• ;la;. tb'� of nele:.tu:r Lt: ttr err u` o►tr lord ono tltdueoltti >, en 1, IH a l<'�,. r stri trite hundred s nit Sct el. t;•_t.'-se, 7l. r. :derl.edy nh,1 ..toy ,�(eur,e'1y, h'.i a t'�` ;'''t lsR or th9 1•1rR i JI•'tr j 111 pert, end Arty r.. ;tltvlee F.nrty of the second ,rn-t• " •;;;„ to beaNr'rt a15 Oar11Br) 'TTIM•f`l:11i• Thai :Ate 'toil) i„'L�ti.t!1 Gr t1.N "first par; t •+,r or.1 in r! irttlratldt! or ttlg R\1r1(• 1 .i! J t I y t,... -rl t, z ur the lee0h11 i,r'4 rid tot it3; u.' etre Mildred ?witty '1•rc '.;otter to tl.r u in I:heirl nLQ b •* r' " , +' ,.,*,..& y ort. the raaei•t Wrirv:•' Ls rf'rer -.H:fraAol nr, to;.tto:vled t•.r" •iv ' V '9 north to the port., r S 1 d. , Rule 1•.rn:rt6ri. bntralp9d ', ;'' , 'fit•,' ,`! void, roorined, releases, n11`r>vr{, cot.''' 'e.i et'd sanfi.'D 4. nr:rl by ..,•rn ,re-r:•nte do ntve, 1 Liege or ; .7 re of Gl.e rtranta bar pins dell, rer.i,eI ►•wleast!. 'allr.ltt eon,/17y •t::1 conrii' t:htc 1..1•..: said party or the s.-5,.`:1,.;'+' eSoond part. her heirs nr.!! 70731,;ns "Orev#r, :I'v rollo�istg de+crit '► a.-r•1 r_etnte. situate 1 •tettatuve 1e1 the County, of Iota'eatir: and •'•tutfr or vino. t,;--it: ..ysr,' 'i,a' r )3r+rt, h"r r.ot ?►seder toter:y ',NKr (P?) of 'fcnwol�7 Park' '.aloe T.1nrrtotika, 1'Rto;el it 0o111►ty, t, d; i''; .i:1j '14,' • . r 17 ,t' ileo of the 'airinesote,, noeordint3 to the plot ttrereet of record fir. the o.fiGe o1' ReGlatQp o_ DeeQa or Sat1t►i�, ptt'a��, l� '. Co. t tdiNt. Al.yo 1tT11rlt>7 to :seen' party the ri� tt to use torr private Jock jointly with '(„i'; fit; IL bull Lha •`Cl .1 , ,1r>'r' ► fee of the other contrera of loco in ItYnnold park the tont duck now built on Lake 1011c/ion en pert or Lot '' ",rt'.. 'tanner and 1 ( 6). rt la unieretoort ho•wver that arantore aha11 be under no obliEution to .ad'me'n gr''ke0l 'f'', 1 a•�i 1'14 I S(r,' 1 said dock in repair. ,I f` 1'rlau;�1.,•' h,, •a, or neail;ne . TOO:�,TIUE!i with n1.1 •:std nlncttlar, the hereditaments. and al+purtanotices thereuttta, 641• `t 1�•`•"'1''r • , . r,f1{ r,.• .,SS,. 'or hire, or or in enrolee epkertoininl;. and all the eettiee, right, title. intet•eatt claims or dergaRR' N � � iVfV'�''i' . r , A� 1 ��i� 1;�1 r .e4 of tate of the said party Of the riret peat. aitherr itt law or equity, eit11'er in poieeee&on f'or`e•p•ect'I'y`Iw'' t' `'1, I or, IR and t0 the above bargained pree ioen, Wed their herpditamorete anti a • �r r•"'' ��';, �' and Shrill .' 1 `�� NPurtienbrte,ear, •r a•.•1 "1�.. :,,.;..,,. Int to 110,1 TQ I{AVg,ANb TO 1.MLaat the esti.) premised' ore e'bovq; IN LOTS 18 8c 19 , WALLA TO THE VILLAGE OF MINNE LAKE MINNETONKA HENNEPIN COUNTY, MII 1 I 929.4 CONTOUR LINE -4- + °16' 37" E. 1746___� �J S3 y1r�-� I r- I ` 1 . EDGE OF ROAp I M.* BLACKTOP CRYSTAL B AY I O x-10 cirr PILLAR 0:o ']PILLAR 1 I � IE---_20_- 1 D D ID D D D G oa 1 \\.. I `-i 0n0 I -� I � oT; 1 < '' s%n 0�D `NONE I ➢ I u I 00 STEPPING 1 n1 0 o STONES 1 m.Q Do0 10 oa ____ 1 . \ p J 75 ETBAGK 1-1-1---4E -. -_ _ i D 0 01 r oD STING BLACKTOP DRIVEWAY TO THE I z D o � � ST OF THE HOUSE IN PUBLIC STREET 1 ➢ �� ••••••••••••••• e 1 0 1385+- SQ.FT. 1 •t • ��••••�•••:+� 1 I '^ OPOSED BLACKTOP DRIVEWAY IN PUBLIC 2 1 ,!�• P�� • Ba1cK B°RDE I 2 I O REET AFTER REDUCING TO 8' WIDTH o I 41 �� "' l STEL £ C+ 836+- SQ.FT. mo z I t0\"9:.'........;. .�R i o 0 0 to: I r O_ p 9 ,,,,,,,,-;,. ..a.',.:',/ y WOOD lt. — O O O (: Ali �6� — STS=, 1 ; CP 1 . ntlI , , yQiI N sTONE• : ` nrrlSTEPS •• „„koes 40.5 I 1 z 22.1 1 I 0 Cn � •�. .SET P.K. NAIL f IN BLACKTOP I 0 I 01 ik _ 1 O UP WALE-5 O 1 A/C PAD ,712(8>i0 731,1 gpULOE..��•� I a -P DDA ~��• °'• I N 1 U► r'� \ - '.•-`-_kEmOvE?) BO BEARS• EXISTING I N o f N r U ll =T C) HOUSE \ I j a wooD j I 'STEP I T). I •y I ATTACH FABRIC TO POSTS t`.4. I ,�1.a I WITH MINIMUM 3 2W TIES (50 LB. TENSILE)PER POST 7 I4I I 2.0 L” Ln IN TOP 8�. / t /� 1 2.0 WOVEN MONOFILAMENT CEOTEXTILE / PrG� ..PP .,R •� I 19.5 I FABRIC PER MNDOT 3886-1 Qtr Ep \ 1 '; (36' WIOTIl) - OVERLAP TOP 6" OF �r Ob. S •, fel A ` /: FABRIC AND FASTEN AT 2' INTERVALS AY 1 .: �p MACHINE SLICE / (� �,.�938.0 : / I Z� : 8--123 DEPTH (PLUS 6- FLAP) .--I kl I Magi / •I TRENCH MUST BE COMPACTED 8Y ' I • M LIGHT EQUIPMENT PRIOR TO a1 5'• 20.0 ••/ / Vi PLACEMENT OF STEEL POSTS. • • / ••••�......•••'•,•.j I ••. / X .11 �.,,> 1 F / // ,pROPOSEDo % : RE09PII°aIO/: I / I N N I • / / 8 o GARAGE • VEL 1,// / 24" MINIMUM / / -•'•� IGHER V / p • CUND• ON 1 POST EMBEDMENT 20. .L RIG // 1 I ! 7.7I V< 20 • MI' // I % • I -( •SPIKE SET A V SILT FENCE 1 Jg 62' KC) D METHOD (THIS DETAIL) IS THE STANDARD SILT / .N 95- \,...*--- �- • V METHOD. HEAVY-DUTY OR STANDARD SILT /7_____,......-----"--- / Q // V METHODS SHOULD ONLY BE USED WHEN / ° 1 .?11° CTED BY THE CITY. / J / O!"1 , STANDARD DETAIL • JAN 2006 // / IR� SILT FENCE '••NA Role ra> \ _ 1 ::: 1 N. MACHINE SLICED r \'/\ ORO^J0, MINNESOTA C• cERo1 i�� / •••.- - ...-... 1 1 G g „ (). � IL1 ,.. ._ _21.. .. „ , .•: ❑ of COk) ' -klY ' '' 1?.\.' :') ' ," •• •• - ''*II'::•',tr.*t‘A.TPI. r Ft o denotes iron marker found LEGAL DESCRIPTI '1 ISES • : denotes iron marker set ,{ • denotes P.K. nail set Al! of Lot 19 save and excepting st 2C —9-4-^ : denotes existing contour line, mean sea level datum and running from the North to S 'duth line 1042 : denotes proposed contour line, mean sea level datum taken for street purposes. Also (a.' strip c fnrmPrIv Ivinn hPtween 1 nts 18 a d 19 an 11111111 (III' S 0'04 Doc No 9000880 06/28/2007 12:50 PM ter= Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TransiD 324091 Deputy 65 Fees $35.50 DOC $10.50 SUR $46.00 Total • • __ ....._ TRP.1q ._R ENTERED -N-N-NsNNN.N. 20 hENN01,4 N INTRO URGES JUN g 8 2001 PI COU .1r' N. BY �.:% :TY ENCROACHMENT AGREEMENT AGREEMENT made this 23rd day of April , 2007, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and CATHERINE L. SWEET, a single person ("Landowner"). RECITALS A. Landowner is the fee owner of certain real property located in the City of Orono, Hennepin County, Minnesota, having a street address of 3405 Crystal Bay Road, Wayzata, Minnesota and legally described on the attached Exhibit"A" ("subject property"). B. The subject property is adjacent to a 20 foot wide unimproved street right-of-way owned by the City and legally described on the attached Exhibit"B"(right-of-way area). C. There is an existing paved private driveway on the subject property which encroaches into the City's right-of-way area. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: l. The City hereby approves the encroachment of the existing paved private driveway into its right-of-way area subject to the following: 131061v02 SRN:r04/23/2007 1 (Abstract Property) • cTri 41114 a • The existing private driveway in the right-of-way area must be altere er th , , car survey attached hereto as Exhibit "C". ' ''r 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights to the right-of-way area. 3. The Landowner shall be responsible for all costs relating to maintenance and repair, including snow removal,with respect to the existing private driveway. This maintenance agreement is a personal obligation of the Landowner and shall be binding upon the heirs, executors, administrators, successors, and assigns of the Landowner. 4. The Landowner, her heirs, assigns, and successors in interest, does hereby agree to defend. indemnify, and hold the City harmless from all costs and expenses, claims and liability. including attorney's fees, relating to or arising out of the grant to the Landowner of permission to encroach in the City's right-of-way area for the maintenance, use, operation, and the like of the existing private driveway. The Landowner further agrees to indemnify and hold the City harmless from any damage caused to the subject property, including the existing private driveway, caused in whole or part by the encroachment into the City's right-of-way area. 5. The City may, at its sole discretion, terminate this Agreement at any time by giving the then current owner of the subject property a minimum of thirty(30)days advance written notice. The property owner shall remove the existing private driveway by the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the existing private driveway and assess the cost against the subject property. 6. This Agreement shall automatically terminate in the event any of the following occur: • Voluntary removal of the house. • Involuntary removal of the house and no permit for reconstruction issued within six (6)months. 131061v02 SRN:r04/23/2007 2 (Abstract Property) • 114%4 • Relocation of the existing private driveway out of the right-of-way are . " • Reconstruction of the existing private driveway. • Removal of the raised planting bed noted on the attached Exhibit"C". 7. This Agreement shall run with the land and shall be recorded against the title to the subject property. CITY OF ORONO BY: A V14nC�fu : (SEAL) Ji' White. Mayor AND I- ii�-e . Linda S.Vee, City Clerk • PROPTY OWNER: it RE L. ' INf ET C/.-G/ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) 1 t / c\ The foregoing instrument was acknowledged before me this l T day of AaA4 ,2007, by Jim White,the Mayor of the City of Orono, a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council. t�.0 1 _ L(- / c C a, NOTARY PUBLIC :, ..-s RACHEL DODGE ti NOTARY PUBLIC-MINNESOTA .; ,` My Commission Expires Jan.31,2010 -------,-------_--------..------------./�Il�Ilfl� 131061v02 SRN:r04/23/2007 3 (Abstract Property) STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) Fhe foregoing instrument was acknowledged before me this , day of i`-A00,1 , 2007, by Linda S. Vee, the City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. RACHEL DODGE Com �Joccs,L-' . .lr - ` NOTARY UBLIC .; - NOTARY PUBLIC-MINNESOTA g 1`' My Commission Expires Jan.31,2010 J_ STATE OF MINNESOTA ) ( ss. COUNTY OF kenrt it--, ) The foregoing instrument was acknowledged before me this 5'1' day of YY\O-j , 2007. by CATHERINE L. SWEET,a single person. /YI.IJ✓'llIIJJlJl/lll./✓✓!l O-.-k`,`-`/` fj^1 U Or)(c)e----. ' Ala, _ . RACHEL DODGE ` `'; NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC I. :;R,: My Commission Expires Jan.31,2010 g THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite#317 Eagan,Minnesota 55121 Telephone: (612)452-5000 SRN:ms 131061v02 4 (Abstract Property) SRN:r04/23/2007 x • EXHIBIT "A" °' � TO Y: ENCROACHMENT AGREEMENT Subject Property Owned by Catherine L. Sweet All of Lot 19 save and excepting West 20 feet of said Lot 19, and running from the North to South line of said Lot 19 heretofore taken for street purposes. Also a strip of land 20 feet wide formerly lying between Lots 18 and 19 and used for street purposes which said street has been vacated and said strip of land has by Decree of District Court, Hennepin County, declared to be part of said Lot 19. Also a part of Lot 18 beginning at the Northwest corner of said Lot 18, thence easterly 10 feet, thence South to rear line of said Lot 18, thence West 10 feet to Southwest corner of said Lot 18, thence North to point of beginning. All in Wallace's Addition To the Village of Minnetonka Beach_ according to the plat thereof on file and of record in the office of the Register of Deeds within and for said Hennepin County, Minnesota. 131061v02 SRN:r04/23!2007 5 (Abstract Property) L bt EXHIBIT "B" TO ENCROACHMENT AGREEMENT Unimproved Street Right-of-Wav Area Owned by the City The West 20 feet of Lot 19. WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH,Hennepin County,Minnesota. 131061 v02 6 (Abstract Pro e SRN:r04/23/2007 P m) EXHIBIT "C" . TOS 0 ENCROACHMENT AGREEMENT Survey of Subject Property Owned by Catherine L. Sweet LAKE MINNETONKA ...co."L'L 1 + s. I + N83.16' : El7.:: -- I • 1 V '`.. .........a.' ...'B.A O. • CRYSI AI- BAY\ROAD I g 10 I ..,01-.):;:aft,,,,l �� • . o o e I o° I I �1 m r. 1 4 I It- :g.° 1 � I � � I ,g•sT°Ep I a I .° sTEPPNc IL 1 x•1 t:STONES TI al � � 6 NOTE: E%ISTNG BLACKTOP DRIVEWAY TO THE ..... • • ..... 1\11:\t1 ro, C1) WEST OF THE HOUSE IN PUBLIC STREET CI q ......................... ••••••.•�•••......................................... .�.••• •,•• . 1385+- SOFT. } 1 1 0 PROPOSED BLACKTOP DRIVEWAY N PUBLIC tI • .��5 .� SS o STREET AFTER REDUCING TO B' WCTH c 6••......--. att•• ' t NO 836+- SOFT. ml Z or - •aoao o a S 1 �p c 1 ofO ;: .* o IS (P • 14: . 1�_ ,T, ;romt •••a A0.5 3 W ?2'.T I I 'm ••yttO Il P•.D I 0 ra \ /'' a sours EXISTING 1 1 c HOUSE I a I .�, -f> I . 11.• I I Ra,'1 2.01n ( 1 2.0 ' ..jg5'1 I . _,10:§3. - r y LSA /�/� 1 / A p� I ^, / � I I /- ,t SCD,t • 1 / 1 • 8 bGARA / / I �t'T .;� . /�1 • .a • 72 • 1_ 120 eltF� ` a • N•.. . IIII " / -a1;0�` / 1 {AJS�PYGE I ' f t1g8o? O y"� \( / ( // I/ / ';'-'.. "1\-) • Vgl 131061 v02 SRN:r04/23/2007 7 (Abstract Property) (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this 25' day of A14(,u(T— , 2008, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and Catherine L. Sweet, a single person("Landowner"). RECITALS A. Landowner is the fee owner of certain real properties located in the City of Orono, Hennepin County, Minnesota, having street addresses of 3405 and 3407 Crystal Bay Road, Orono. Minnesota and legally described on the attached Exhibit"A"("Subject Properties"). B. The Subject Properties abut a street right-of-way easement owned by the City (-Right- of-Way Area") legally described as: The west 20 feet of Lot 19,Wallace's Addition to the Village of Minnetonka Beach, Hennepin County,Minnesota. C. The Subject Properties are in the vicinity of additional property owned by the City ("Lakeshore Parcel") legally described as: That part of Lot 1, Block 1, "Wiley's Park" Lake Minnetonka, Hennepin County, Minnesota,lying northerly of a roadway as labeled on said plat as"Old Road". 138587 1 of 6 D. Landowner desires to install riprap along the shoreline of Lake Minnetonka, located within the Right-of-Way Area and within the Lakeshore Parcel. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: I. The City hereby approves the encroachment of riprap into the Right-of-Way Area and the Lakeshore Parcel subject to the following: • The riprap must be installed in the Right-of-Way Area and within the Lakeshore Parcel per the survey compilation attached hereto as Exhibit "B." 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights to the Right-of-Way Area and the Lakeshore Parcel. 3. The Landowner shall be responsible for all costs relating to installation. maintenance and repair of the riprap. This maintenance agreement is a personal obligation of the Landowner and shall be binding upon the heirs, executors,administrators, successors,and assigns of the Landowner. 4. The Landowner, her heirs, assigns, and successors in interest, does hereby agree to defend, indemnify, and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of the grant to the Landowner of permission to encroach in the Right-of-Way Area and the Lakeshore Parcel for the maintenance, use, operation, and the like of the riprap. The Landowner further agrees to indemnify and hold the City harmless from any damage caused to the subject property caused in whole or part by the encroachment into the Right-of- Way Area and the Lakeshore Parcel. 5. The City may, at its sole discretion, terminate this Agreement at any time by giving the then current owner(s) of the subject properties a minimum of thirty (30) days advance written notice. The property owner shall remove the riprap by the effective date of the termination of this Agreement 2 • without payment. If the owner fails to do so, the City may remove the riprap and assess the cost against the subject property. 6. This Agreement shall automatically terminate in the event any of the following occur: • Voluntary removal of the riprap. • Involuntary removal of the riprap. 7. This Agreement shall run with the land and shall be recorded against the title to the subject properties. CITY OF ORONO BY: — - (SEAL) es White,Mayor AND Linda S. Vee. City Clerk PROPERTY OWNER: ZAdh,i4e iliv Catherine L. Sw STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) //��, � The foregoing instrument was acknowledged before me this . day of ltytit.S1' , 2008, by James White,the Mayor of the City of Orono. a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council. a. OFF ' .14114CI N TARP P BLIC 4 , �� .04.4„ SHERYL A. ? x .r NOTARY PUBLIC-r.:,. —DTA ' . My Commission Expires Jar.3i,2010 3 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008. by Linda S. Vee, the City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008,by Catherine L. Sweet,a single person. NOTARY PUBLIC THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite#317 Eagan, Minnesota 55121 Telephone: (612)452-5000 CRK 4 EXHIBIT "A" TO ENCROACHMENT AGREEMENT Subject Properties Owned by Catherine L.Sweet Legal description for 3405 Crystal Bay Road (PINS#17-117-23 44 0022): All of Lot 19 and excepting the West 20 feet of said Lot 19, and running from the North to the South line of said Lot 19 heretofore taken for street purposes. Also a strip of land 20 feet wide formerly lying between Lots 18 and 19 and used for street purposes which said street has been vacated and said strip of land has by Decree of District Court, Hennepin County. declared to be part of said Lot 19. Also a part of Lot 18 beginning at the Northwest corner of said Lot 18, thence easterly 10 feet, thence South to the rear line of said Lot 18, thence West 10 feet to Southwest corner of said Lot 18, thence North to point of beginning. All in WALLACES ADDITION TO THE VILLAGE OF MINNETONKA BEACH, according to the plat thereof on file and of record in the office of the Register of deeds within and for said County. Legal description for 3407 Crystal Bay Road (PINS #17-117-23 43 0116): That part of Lot I, Block 1, "Wiley's Park" Lake Minnetonka, a plat that is on file and of record in the office of the County Recorder. Hennepin County, Minnesota, lying southerly of a roadway as labeled on said plat as"Old Road". 5 EXHIBIT "B" TO ENCROACHMENT AGREEMENT Sun'ev Compilation Depicting Areas of Encroachment Area of allowed Lakeshore Parcel--- rip-rap encroachment 17s 32 . . . SO.".'"t'4 I li intr �. _'� 3 60 __ �_ N Byu.3i £u PP / Survey Line - . 4!r OAO _ ..a>d 4 . _I ; '''i 1 ' CRYSTAL BAY ' O$ ' iC. f 1 i , . ' �t c Onu.i ....o: t }fit 1 Ix ! .4 j - East Lm.-, Y. N' iIt ��.• of Lot 1 ` 9 t v-, .'� W, 1 18 .}_;I I ;a L'1 1 SS.� n 1 SIE>HG AlT' S ,n i I,tri v, ;!1 t 1 _South Right of ,.•-6K- - c. - 1 r: ARK t' ;i way os Platted -�7•-ir- —mss ��--- 20 Q • r• t •oc ••- N ' . .00. _ to O. r ex ... .II 1 � LP .:-F-r0 07 et rrae • E r .,`pA ' . arid Ewstlnq �, �'. 2y.3• - .x-•._ 44.3405" _ ^�',^ y,fd Of!_ l 1• EXIL41v19 • m _ uc.K A f 1.7)� ' 1 h bOUSt ; I �' r7 \ y^ EXI` INC 1 1i .,if. °112 HO .E 1 G .- r o ° S_6' I I I 1 2. "` • -a in i 18.! i 1 �= 'e, N c' I i f -/ Z/ \ . 1' 11 { / % / is/ 1 ; i WI I/ GAM 1 c uu+ s,/ / 1' 1 1 i_.........yi rucc f t. l '1 1/ // �, � D j — 1 A� i\ .=.4 C.S.\, I Sys-` 1/ 1 /' ... .. '(O 11. la; w, Q VI o, �g.6 1Mit rNi ( 7 )\31 `1 6 too, p.......0...0 u, f49 & vo'rc -)(g , F ,,,,P.e.1 4" 619 0 °VI' 0 US tV1157. e s Located 04/05/2*•• CRys1AL rRNN TONKA ---Edge of Water as of 04/05/.•06. (LAKE M NNETC 179.3. 0:04 cornw i•f 4�� - �1-__. 7418 1 N.. ,,.. • • 1AFA� N 83.56:37, ue �• i4a,a J. �' `' . BAY ROAD 1 S . r �,, -t. -t- 'v-., Y,,s ,.E' ... ;}�p-yt , CRYSTAL Ho '''Z',..,4,4 1 .5.`en,,,='•%t.- �, p,,+,h 4-vf'Y'-. ` r .t Si'"3'' .. r ...cf..:0--1 ::—.1\ tfp fJ vili U East line- N. .° 1 p 1 4I 1 n ,, \ yvi `t 2 18 ArJT. I l.f� STONE v STC•5ES \ R140 t k -.A' 4‘4..4,4. PA �/ _South Right o1 " -. s'S- __ -_---1 (� 1 / Woy as Platted _o 4 1 T17 1 l II} Ln '� lit" a ,1 it . . .1 a o L� tx 2 ",x, BI01 Z 0, _ ; ;.�a IF O y ooao es y •eae a 1� 2-. Proposed garage N: .s 5, 405 1 1 m ,.77 4 _ z ; ' \1 y I1 a £xistino .1'1 L4.3' 4? SEI�w:o. j� 40 `'fed,a,' 1 l i, Ex!rime! a, 1\ �'°�•i F. �" 1 O uc.e l el' r • 1 a r It i:" �N 7 house N F;€, _rm. EXISTINGI 1 t f1;l3l1IS� ,1 N mss ' HOUSE :II . e I �'s°m 1 1 s o of o.S• n.e' n , ; s.6 t 1 z.c ,5 _3, t8.1' /0 I 1 1. 1 ta: ,�' / LS, i 1 1-� T r• 1 1 1 / /8 !1GARA'-E,�.� I ' r ------'..-.-----.------- -'<4%1 I,••-I-1i -ani rN,[[/Jd' iy �� fr / / u 0 1`s9B 0Z O �3 GT , Ji /- / /- ,' 0.4•L 10 i' %� lA A\ 12!„ 'i Zg.6`t oU `� 1 t I 1.c." .4 W Ems.` )16.14 'J \V6 I' CMP Part 4A. Transportation Plan X I roads to serve new residential developments of 3 or more units; by limiting the number of curb cuts per residence; by prohibiting direct access to principal arterials; and by a number of other regulations involving the location, type and number of access points to the arterial roadway system. It is the City's policy that new direct access to arterials is to be minimized to the greatest extent possible. However,many of southern Orono's arterials near the Lake Minnetonka shoreline have historically served a dual function as both arterials and as local/collector streets,due to geographic and topographic limitations. Minimization or consolidation of existing driveway and local street access points along these unique roadways is a complex matter which will often require the cooperation of multiple property owners. The City will encourage the use of shared driveways along existing developed arterials wherever feasible. Further,the City will continue to investigate the feasibility of closing existing direct local street access points to principal and minor arterials where suitable alternative access points may be established. LAKE ACCESS PRESERVATION AND MANAGEMENT With more than 40 miles of Lake Minnetonka shoreline and nearly 5 miles of additional lake shorelines,Orono's lakes provide a significant recreational resource for all Orono residents,not just for those who own property abutting the lakes. This value was long ago realized by the City fathers,as well as by early land developers. In order to provide lake access for the general public,as well as to provide for fire department access to the lake as a water source,a number of lake access corridors were created as the shoreland developed. These typically are platted,dedicated right-of-ways leading from the local road system to the shoreline, and are commonly from 16' to 66' in width. The historic level of use of these right-of-ways(sometimes referred to as"fire lanes" or"lake access roads")ranges from minimal to year-round. Certain of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice-fishing accesses. Certain accesses are provided with docks for fishing,and some have ramp areas suitable for launching a small boat. However,most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors have steep topography and experience a relatively low level of usage. The value of these corridors to the general public both now and in the future is too great to be measured. While an access corridor or fire lane may appear to an adjacent landowner as abandoned,there may well be a future public need for that corridor that may not be obvious today. The Minnesota Supreme Court in 1944 (Application of Baldwin,et al No.33721 for vacation of a platted dedicated lake access road)upheld the value of retaining the public's right to access the lake. In an excerpt from the findings of the Court: City of Orono Community Management Plan 2008-2030 Page 4A-31 tJ CMP Part 4A. Transportation Plan 'This court requires no proof that Lake Minnetonka is a priceless heritage of the people of Minnesota,to be preserved and passed on to posterity. Judicial notice will be taken of the fact that it is one of the most precious jewels in the string of Ten Thousand Lakes of which Minnesota is so justly proud...Because of its wide expanse and proximity to our metropolitan areas,it is much frequented and used for boating,fishing,picnicking and bathing-perhaps more than any other lake in the state. Its shore line of nearly 100 miles is dotted with permanent homes and summer cottages,not only at its waters edge,but extending far back from the shore. But the use of the lake is not confined to dwellers on its shore or nearby. During the summer season especially,it is the mecca for thousands upon thousands of urbanites,not so fortunate as to possess a lake home,who-young and old alike-seek its shores and waters for diverse recreational purposes. To those who do not indulge in active recreation,it affords the opportunity of communing with nature at its best. With the increase in the permanent lake population,however,the extent of lakeshore available to the public generally and the means of public access to the lake have diminished and therefore become increasingly valuable from year to year...we must not forget that the public includes persons other than those in the immediate vicinity. The general public has a true concern in the recreational facilities offered by the lakes which nature has so freely given us in this state. Their generous sharing by all will make for a healthier and happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. This we would do if we permitted streets leading to the lakeshore to be vacated... 'The loss to the public of 150 feet of shoreline out of a total of approximately 100 miles may to the Baldwins seem inconsequential or even infinitesimal and nothing to be disturbed about. But,of this 100 miles of precious shoreline, only a small fraction has been reserved for the public;and if the courts should create a precedent by permitting a single inroad,however small,upon the public S share of the shoreline,other inroads will inevitably follow,until the aggregate becomes a real threat to the public's free access to the lake. To avoid any possibility of such a result,the courts should with equal vigor repulse the first,the second,and every other assault upon the public domain.' Less than 1%of Orono's lake shoreline has been dedicated as public access corridors. Nearly all the rest is privately owned,and not available to the public for lake access purposes, save for the DNR Maxwell Bay Access, Hennepin County's North Arm Access and the City's Summit Park on Long Lake. Hennepin County's Noerenberg Gardens Memorial Park,while abutting Lake Minnetonka, has deed restrictions that disallow use for docking or launching boats. With shoreland abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. Orono's lake accesses are enumerated in Table 4A-8. Lake Access Policies It is the City's intent to permanently retain for public use all existing lake access corridors and fire lanes,regardless of the current level of use or maintenance. To this end, the City will follow these policies: 1. Requests for vacation of dedicated lake access right-of-ways will be denied in all cases except where equal or better lake access will be granted nearby in return. 2. The City will identify and take necessary action to preserve the public's right to use of any such accesses which exist but which may not have been formally dedicated. 3. The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. City of Orono Community Management Plan 2008-2030 Page 4A-32 Summary of Background Information Provided to City Council: &241 Crystal Bay Road City Lots The City of Orono owns four lakeshore parcels across from residential properties at 3407, 3415, 3435 and 3445 Crystal Bay Road. These parcels were quit-claim deeded to the City in the mid- 1930s. They are subject to deeded "bathing and boating" rights dating back to 1911 for as many as 150 residential lots in the Navarre area (including the four opposite lots), only a few of which have exercised that right. Staff regularly receives questions from realtors, sellers or potential buyers asking what this means and whether their off-lake properties have the right to have a dock. The City's position is that they do not, for a variety of reasons - primarily that a dock is an accessory structure not allowed without a principal structure. It is unknown how many of these 150 can actually claim "bathing and boating rights"pursuant to the Marketable Title Act. The City Council in 2006 had the Lots surveyed and authorized the City Attorney to commence a Torrens action, with an expectation that Hennepin County would do the extensive title work needed to determine what properties had formalized and retained their legal interest in the parcels. In 2008 it was learned that the County would not do that title work and that it would cost the City$25-30,000 to have it completed. Council chose not to proceed. An additional factor is that the four privately owned residence lots directly across Crystal Bay Road have in the past had docks extending from the City parcels. The City has never formally advised the owners of three of the four to remove their docks from the City property; the fourth, 3445 Crystal Bay Road, was the subject of a principal structure tear-down/rebuild variance a few years ago. That variance approval resolution states that the residence property does not include the lakeshore and does not enjoy riparian rights. The other three continue to have docks. In October 2008 (and again in March 2010 and again in August 2010) Karen Elshazly of 3415 Crystal Bay Road asked for a resolution to this issue because she is having difficulty selling her property without established dock rights. In March 2009, Jon Eiss of 3445 Crystal Bay Road requested that he be allowed to have a dock and was turned down by the Council but the Council did offer to look further into the matter of these lots. See Council minutes of 3-9-09 and 4-14- 09. At its April 14, 2009 work session Council was presented with a variety of options to consider for dealing with these lots, including doing nothing; requiring removal of the docks; selling to the opposite landowners; leasing the lots individually or as a group to the four opposite owners; develop the site for rental City dock space; or acquire the nearby properties for park or stormwater management purposes. The Council indicated their preference would be to have staff discuss with the City Attorney the pros and cons of selling the parcels. There was no movement on this issue during the remainder of 2009. In a letter dated March 31, 2010 Karen Elshazly indicated to staff she would be satisfied with an easement granting permanent dock rights rather than full ownership of the lakeshore parcel across from her home. Her follow-up letter of August 23, 2010 suggested that sale of the properties to each opposite homeowner would be the least desirable option unless they can be sold at a nominal price. In reviewing the various hypothetical options prior to the September 2011 Work Session, the City Attorney indicated that granting an easement over City property was not a viable option, Page 1 of 2 and the various scenarios for leasing suggested that the lessees would expect to enjoy some exclusivity of use which the City could not guarantee, or would likely result in ongoing management issues for the City. The three remaining options (sell, do nothing, or require dock removal) each had plusses and minuses: Sale of the City lots to the opposite owners would give them ownership of the lakeshore, but the initial transaction is necessarily quite involved due to the need for a subdivision/re-plat to guarantee the public's use of the traveled roadway (see the survey attached, which indicates the traveled roadway is partly within dedicated right-of-way and partly within the 4 lakeshore parcels). An appraisal to establish land value would be needed. Also, the City would have to transfer the lots via quit-claim deed, as that is how the City acquired them, and therefore all the potential off-site "bathing and boating rights" become the problem of the new owners. Doing nothing does not resolve the issue for property owners who are having difficulty selling their properties without a definite conclusion to this issue, but requires no further City action. Requiring dock removal potentially reduces the value of these four homes without providing a clear benefit to the public, given the nature and relative difficulty of public use of these parcels even if docks were removed (lack of parking, proximity to traveled road, etc.) Staff recommended that if the sale option was pursued, it would be appropriate to vacate portions of the unused 66-foot right-of-way and dedicate portions of the City lots for future roadway, as the existing traveled road is not fully within its dedicated corridor. The following process would be necessary: 1. Prepare initial subdivision/vacation sketch 2. Formulate necessary easements/covenants to retain 3. Discuss concept with opposite owners 4. Establish value and price (appraisal) 5. If buy-in from opposite owners, hold a public hearing 6. Proceed with subdivision/vacation/dedication via standard City approval processes The above is a summary of the information provided to the Council for the September 12, 2011 Work Session at which the Council directed staff to take no further action on this issue. Page 2 of 2 PC Exhibit D Hennepin Hennepin County Locate & Notify Map 17-3933 Provided By. Resident and Real Estate Services Date: 4/27/2017 17-117-23-42 ----- 7-117-23-41 172 (2]I12, // (1i ifi* L111144111111. 231 (109) vim n6, .1261 (� 116, (127) 17-11 -43iviloot'' ' j°('33) virci 14 7 •ryrC 111 /r� 61 toili k hi I*, ® (ze) (29) (161 1S) 16) ('T 119) (20) •) (64� .�. (321 (21) 64 (a) (73 Livingston Avenue �,q a" Lf+55 17-117-23-43 Q5' (r>ol (69) 166; 1141) (65) 1641 (6, _.. (J9j 1761 17-117-23-44 5) (15) Buffer Size: 350 feet 0 60 120 240 ft Map Comments: II I I I l i l l 17-117-23-44-0022 17-117-23-43-0116 RECEIVED For more information contact Hennepin County GIS Office r� -) 300 6th Street South 2 APR 6 LD1 1 Minneapolis. MN 55487 gis.info@hennepin.us CITY OF ORONO # 3947 Hennepin Hennepin County Locate & Notify Receipt Provided By: Resident and Real Estate Services Print Date Thu Apr 27 11:53:28 2017 This is a receipt only with 'paid'stamp or cash register receipt attached TOTAL COST: $53/5 Company or Homeowner Name: Contact Person: Cathy Sweet 952-471-9233 Subject Property Address: 3405 and 3407 Crystal Bay Road, Orono t ?017 Comments: 17-117-23-44-0022 and 17-117-23-43-0116 CITY OF ORONO Buffer Distance: 350 feet Mail Label Count: 43 38 17-117-23 34 0052 38 17-117-23 41 0025 38 17-117-23 43 0001 38 17-117-23 43 0002 38 17-117-23 43 0004 38 17-117-23 43 0005 38 17-117-23 43 0006 38 17-117-23 43 0007 38 17-117-23 43 0020 38 17-117-23 43 0022 38 17-117-23 43 0023 38 17-117-23 43 0115 38 17-117-23 43 0116 38 17-117-23 43 0117 38 17-117-23 43 0118 38 17-117-23 43 0119 38 17-117-23 43 0120 38 17-117-23 43 0121 38 17-117-23 43 0122 38 17-117-23 43 0123 38 17-117-23 43 0124 38 17-117-23 43 0125 38 17-117-23 43 0126 38 17-117-23 43 0127 38 17-117-23 44 0016 38 17-117-23 44 0017 38 17-117-23 44 0018 38 17-117-23 44 0019 38 17-117-23 44 0020 38 17-117-23 44 0021 38 17-117-23 44 0022 38 17-117-23 44 0023 38 17-117-23 44 0025 38 17-117-23 44 0026 38 17-117-23 44 0027 38 17-117-23 44 0066 38 17-117-23 44 0067 38 17-117-23 44 0068 38 17-117-23 44 0069 38 17-117-23 44 0082 38 17-117-23 44 0083 38 17-117-23 44 0107 38 17-117-23 44 0109 # 3933 17 RUN DAT}::04/27/2017 HENNEPIN COUNTY PROPERTY'INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:'I ' ^Li 38 17-117-23 34 0052 38 17-117-23 43 0023 38 17-117-23 43 0124 t !T Y CI, ''O I V O HENNEPIN CO REGIONAL RR AUTH CARL,E BORG III&CO BORGt DAVID C&LISA I.WIPSON 38 ADDRESS('NASSIGNED 3414 LIVINGSTON AVE 2264 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 IIENNEPIN('01"NTY CARL.F BORG III&CAREN BORG DAVID C&LISA I.WIPSON REGIONAL RAILROAD AUTHORITY 3414 LIVINGSTON AVE 4870 MINNESOTA LA N 701 4111 AVE S SI'I TEE 400 WAYZATA MN 55391 PI.\'MOUTH MN 55446 MINNEAPOLIS SIN 55415 38 17-117-23 41 0025 38 17-117.23 43 0115 38 17-117-23 43 0125 R A I UZ.AICII&J N URAL TOWN OF ORONO 1.KIESEL&J R KIESEL 3359 CRYSTAL BAY RD 38 ADDRESS UNASSIGNED 2256 SIIADYWOOD RD ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 RICHARD A L.UZAICH CITY OF ORONO LAUREN KIESEI. JENNIFER N I'RAL PO BOX 66 JEFFREY R KIESEL 3359 CRYSTAI.BAY RD CRYSTAL BAY MN 55323 4618 MOORLAND.AVE WAYZATA MN 55391 EDINA MN 55424 38 17-117-23 431)001 38 17-117-23 43 0116 38 17-117-23 43 0126 R P MEYERS&J F MEYERS CATHERINE I.SWEET E LAGERSTROM&J I.AGFRSTROM 2195 BAYVIE W PL" 3407 CRYSTAI BAY RD 2248 SHADY WOOD RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 RICHARD P&JANICE F MEYERS CATIIERINE L SWEET EDWARD A LAGERSTROM 2195 6:1\'VIEW PI." 3407 CRYSTAI.BAY RD 1111"IE L LAGERSTROM \\':\17A E.\MN 55391 WAYZATA MN 55391 4425 W 52N1)ST EDINA MN 55424 38 17-117-23 43 0002 38 17-117-23 43 0117 38 17-117-23 43 0127 MARRY BLISKOWSKI TOWN OF ORONO METROPOLITAN COUNCIL 2296 SI LADYWOOD RD 38 ADDRESS UNASSIGNED 2259 SHADY WOOL)RE) ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 MARRY BLISKOWSKI CITY OF ORONO METROPOI.IT:\N COC'NCII. 2296 SI LADY WOOD RD PO BOX 66 390 ROBERT ST N WAYZATA MN 55391 CRYSTAL BAY MN 55323 ST PAUL MN 55101 38 17-117-23 43 0004 38 17-117-23 43 0118 38 17-117-23 44 0016 K W&S A RODEWALD YOUSRY I FISHAZLY 2 R LOFRANO ETAI. 2293 SHADYWOOD RD 3415 CRYSTAL BAY RD 3365 CRYSTAI.BAY RD ()RONO MN 55391 ORONO MN 55391 ORONO MN 55391 KEVIN W&SHIRLEY A RODEWALD YOUSRY I ELSFIAZLY J R LO FRANO 2293 SHADYWOOD RD 3415 CRYSTAL BAY RD 3365 CRYSTAI.BAY RI) WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA SIN 55391 38 17-117-23 43 0005 38 17.117-23 43 0119 38 17-117-2344 0017 M ZIMMERMAN&I.I.ZIMMERMAN TOWN OF ORONO PAUL('HAGEN 3443 CRYSTAI.PI. 38 ADDRESS UNASSIGNED 3369 CRYSTAL BAY RD ORONO SIN 55391 ORONO MN 00000 ORONO MN 55391 MATT JON ZIMMERMAN CITY OF ORONO PAUL C HAGEN LORI LYNN ZIMMERMAN PO BOX 66 3369 CRYSTAL BAY RD 3443 CRYSTAL PL CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0006 38 17-117.23 43 0120 38 17-117.23 44 0018 KEVIN DEGROOT SCOTT A BROWN JOSHUA JABS&NICOLE JABS 3149 CRYSTAI.PI. 3435 CRYSTAI.BAY RD 3375 CRYSTAI.BAY RD ORONO SIN 55391 ORONO MN 55391 ORONO MN 55391 KEVIN I)DE(JROOE SCOTT A BROWN JOSHUA JABS 3449 CRYSTAI.PI. 3435 CRYSTAI.BAY RD 3375 CRYSTAI.BAY RI) WAYZATA SIN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0007 38 17-117-23 43 0121 38 17-117-23 44 0019 DEREK J LEE, JON&KELLY EISS GREGORY A HELMER 3457 CRYSTAL Pl. 3445 CRYSTAL BAY RD 3385 CRYSTAL BAY RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DEREK 1 LEE JON&KELLY EISS GREGORY A HEI.SIER 3457 CRYSTAL PL 3445 CRYSTAL BAY RD 3385 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA SIN 55391 38 17.117-23430020 38 17-117-23430122 38 17-117-23440020 SULANNE('AOLA METROPOLITAN COUNCIL S II LEIGHTON&SIC JOHNSON 3438 LIVINGSTON AVE 3447 CRYSTAI.BAY RD 3393 CRYSTAI.BAY RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SUZANNE('AOI A METROPOLITAN COUNCIL SUSANNE H LEIGHTON 3438 LIVINGSTON AVE 390 ROBERT STN MATTHEW C JOHNSON WAYZATA MN 55391 S-E PAUL SIN 55101 3393 CRYSTAL.BAY RD WAYZATA MN 55391 38 17-117-21 43 0022 38 17-117-23 43 0123 38 17-117-23 44 0021 M ROSDAHL&B P CARLSON TOWN OF ORONO WILLIAM L WOLFSON 3422 LIVINGSTON AVE 3R ADDRESS UNASSIGNED 3399 CRYSTAI.BAY RD ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 MICHAEL.ROSDAIII. CITY OF ORONO WILLIAM L WOLFSON BRIDGET P CARI.SON PO BOX 66 3110 NORTH VIEW RD 3422 LIVINGSTON AVE CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA SIN 55391 RUN DATE:04/27/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWN ERS LIST) PAGE:2 38 17-117-23 44 0022 38 17-117-23 44 0083 CATHERINE L SWEET 3 I.SCHNECK&P M SCIINECK 3405 CRYSTAL BAY RD 2230 BAYVIEW PI - 0) ' 7 ORONO MN 55391 ORONO MN 55391 �. ) CATHERINE I.SWEET- J 1.&P M SCIINECK 3.05 CRYSTAI.BAY RD 2230 BAYVIEW PL S WAYZATA MN 55391 WAYZATA MN 55391 . ,_ ,, ORONO 38 17-117-23 44 0023 38 17.1 17.2144 0107 TOWN OF ORONO JERRY JAPS 38 ADDRESS UNASSIGNED 2304 SHADY WOOD RD ORONO MN 00000 ORONO MN 55991 CITY OF ORONO JERRY JAPS PO BOX 66 4604 ABERDEEN RD CRYSTAL BAY MN 55323 MOUND MN 55364 38 17-117-23 44 0025 38 17-117.23 44 0109 CLEMENT F BIRCH JR ET Al GRACE MARIE DAHL 2205 BAY VIEW PI. 3286 NAVARRE LA ORONO MN 55391 ORONO MN 55391 C BIRCH JR,B SIPPREI.I.-BIRCH GRACE MARIE DAIJL 2205 BAY VIEW PL 3286 NAVARRE LA WAWA-IA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0026 N D IIAWKINSON'S R HAWKINSON 2215 BAY VIEW PI. ORONO MN 55391 NICHOLAS D IIAWKINSON STEPHANIE R HAWKINSON 2215 BAYVIEW PI W'AYZ\TA MN 55391 38 17-117-23 44 0027 TERESA ANNE KOCH 2225 BAYVIEW PI ORONOMN 55391 "FERESA KOCH 2225 BAYVIEW PLACE WAYZATA MN 55391 38 17-117-23 44 0066 PATRICK W St'LLIVAN 2318 OLIVE AVE ORONO MN 55391 PATRICK W S1.11 I IVAN 231801.IVE.AVE WAYZATA MN 55391 38 17-117-23 44 0067 CALLEN H CASEY 2314 OLIVE AVE ORONO MN 55391 C.Al.1.F.N II CASEY 2314 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0068 JOHN SHERMAN 2306 OLIVE AVE ORONO MN 55391 JOHN SHERMAN 230601.IVE AVE WAYZATA MN 55391 38 17-117-21 44 0069 MARGARET A WOOD 2300 OLIVE AVE ORONO MN 55391 MARGARET A WOOD 2300 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0082 D M MATSON&SHANNON WOLCOTT RECEIVED 2200 HAYVII:W'PL RECEIVED ORONO SIN 55391 I)AI.E NI MATSON 7( SHANNON WOLCOTT APR 2 8 Ll�I 2200 BAYVIEW EL WAYZATA SIN 55391 3 9 33CITY OF ORONO 7 f I lennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable eftbrts to produce and publish the most current property information available The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied.or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED APR x2017 CITY OF ORONO # 3933 , PC Exhibit E 17-3933 MINNESOTA STATUTES 2016 412.851 412.851 VACATION OF STREETS. The council may by resolution vacate any street,alley,public grounds,public way,or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley,public grounds,public way, or part thereof to be vacated.When there has been no petition,the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks'published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing.The notice must contain,at minimum,a copy of the petition or proposed resolution as well as the time,place,and date of the hearing. In addition, if the street,alley,public grounds,public way,or any part thereof terminates at,abuts upon,or is adjacent to any public water,written notice of the petition or proposed resolution must be served by certifies mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner.At least 15 days prior to convening the hearing required under this section,the council or its designee must consult with the commissioner of natural resources to review the proposed vacation.The commissioner must evaluate: (1)the proposed vacation and the public benefits to do so; (2)the present and potential use of the land for access to public waters; and (3)how the vacation would impact conservation of natural resources. The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof,and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument,over official signature, the words "entered in the transfer record." The notice shall then be recorded with the county recorder.Any failure to file the notice shall not invalidate any vacation proceedings. History: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s I; 1967 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 4; 1990 c 433 s 2;2005 c 4 s 105; 2005 c 117 s 2 Copyright®2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Item 3 Date Application Received: 05/16/17 �O1 VO Date Application Considered as Complete:05/30/17 60-Day Review Period Expires: 07/29/17 ti To: Chair Thiesse and Planning Commission Members F� Doug Reeder, Interim City Administrator kESHO�c" From: Melanie Curtis, Planner WOG Date: 19 June 2017 Subject: #17-3942, Lori Zappa, 3670 Togo Road, Variances Public Hearing Application Summary: The applicant is requesting lot width, lot area,side yard and front yard setback variances in order to build a new 1%2 story home 4.2 feet from the west side lot line and 18.4 feet from the front lot line utilizing the existing home's foundation.A wetland setback for the proposed screen porch; lot width and lot area variances are also requested. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant purchased the property in 2016 and plans to construct a new 1%2 story home using the foundation of the existing 1 story home plus a 12'x 12' porch on the rear. Side and front yard setback variances are requested to permit a 4.2 foot setback on the west side lot line where a 7.5 foot setback is required; and an 18.4 foot setback from the front where a 30 foot setback is required. A wetland setback variance is requested to permit the new screen porch on the rear to be set back 22 feet from the wetland where a 35 foot setback is required.A portion of the porch will be constructed over the existing deck footprint, however because the porch is considered an expansion of volume and footprint within the setback,variances are required.The deck replacements are in-kind or smaller. Setback variances are requested,therefore lot area and lot width variances will also be needed due to the substandard area and width of the lot. 1 FILE#17-3942 19 June 2017 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-350-Setbacks: LR-1C Required Existing Proposed Front 30' 18.4' 18.4' Rear 30' 101' deck 104' deck 116' house 116' house West Side* 7.5' 4.2' 4.2' East Side* 7.5' 25' 25' 5' detached garage 5' detached garage Wetland 35 41' house 41 house 22' porch *According to Ordinance No. 199,Third Series adopted on June 12, 2017 Section 78-350-Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 8,250 s.f. (0.18 acre) 50' Section 78-1403-Structural Coverage: According to Section 78-1403, on lots of less than 10,000 square feet in area,the total combined footprints of all principal and accessory structures shall not exceed 2,000 square feet [Ord. No. 187 3rd series, § 1,3-13-2017]. Total Lot Area Total Structural Coverage 8,250 s.f. (0.18 acre) Allowed: 2,000 s.f. Proposed: 1,006 s.f. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 3 8,250 s.f. 2,887 s.f. 1,629 s.f. 1,761 s.f. (35%) (19.7%) (21.3%) Applicable Regulations: Lot Area and Lot Width Variances (Sec. 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080, can be installed or the lot is connected to a public sewer;and 3. The impervious surface coverage meets all hardcover location and square footage FILE#17-3942 19 June 2017 Page 3 of 5 restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicants' need for setback variances results in the property's inability to conform to#1 above.Therefore, lot area and width variances are also required in order to redevelop the property. Side Yard & Front Yard Setback Variances (Sec. 78-350) The applicant's proposal involves reusing the existing foundation and much of the existing deck footprint for the new home.The proposed home will have a half story with two dormers on the west and east sides of the roof.The proposed roof peak will be slightly higher than existing, as the existing roof pitch is approximately a 4:12 or 6:12 pitch.The new roof pitch will be 12:12 to allow for the Y2 story attic space.The sidewall height will remain 8-feet as existing.The volume of the new roof including the new dormers within the substandard setbacks will be new encroachments. A 12'x 12' porch is to be added on the rear,a portion of which will be over existing deck footprint.The porch will match the proposed side setback of the home and will be a new encroachment 4.9 feet from the side lot line. Wetland Setback Variance (Sec. 78-1605) The applicant is reconstructing the decks.The proposed 12' x 12' porch will be constructed over an approximate 5.5 foot portion of the existing deck footprint and then expanded another 6.5 feet to line up with the western edge of the home.The porch will be set back 22 feet where a 35 foot setback is required. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The lot width and lot area variances are consistent with the general intent of the Ordinance. The requested side yard,front yard,and wetland setback variances are in harmony with the Ordinance. Light,air,and open space will not be reduced for adjacent neighbors by the new home.The wetland,side yard,and front setback variances requested for the home and porch are reasonable considering the depth, and buildable width of the property. FILE#17-3942 19 June 2017 Page 4 of 5 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home on the foundation of the existing home within the side setback, front setback, and wetland setback, appears to be reasonable as the property's narrow width and depth(due to the wetland)creates a difficulty. b. There are circumstances unique to the property not created by the landowner; The sub-standard size of the Property was not the result of actions by the landowner. The location of the home and garage on the Property, the high water table, the narrowness and shallow depth of the buildable area of the property create difficulties for developing the Property;and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood. It does not appear that the setback variances to permit the new home will adversely impact 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 is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The wetland, high water table, the narrowness and shallow depth of the buildable area of the property create difficulties unique to the Property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The wetland,high water table,the narrowness and shallow depth of the buildable area of the property create difficulties unique to the Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this condition to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The substandard area and width of the Property; its wetland and location of the existing home and garage create practical FILE#17-3942 19 June 2017 Page 5 of 5 difficulties affecting the Property;the variances are necessary and do not merely serve as a convenience to the owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that there are practical difficulties inherent to the lot area,width, presence of the wetland and the existing improvements which support the granting of reasonable variances. Engineer Comments The City Engineer has conducted a preliminary review of the plans and found nothing preventing the development; a comprehensive review will be conducted at the time of a building permit application. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff finds the requested variances to be reasonable. Planning staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Existing Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Notice of Wetland Determination Exhibit H. Aerial Photos Exhibit I. Site Photos Exhibit J. Ordinance No. 199,Third Series Exhibit K. Property Owners List Exhibit L. Plat Map „ y PC Exhibit A City of Orono �� #17-3942 Variance Application Street Address: Application# i-1 - .?G 4Z 0 2750 Kelley Parkway `` � �O Orono,MN 55356 Date Received: O E' ( U j 7 Main: 952-249-4600 Staff: L V l v fax: 952-249616 Fee: $700) P� C 1[ 04 I $2,50 pd C I� c- 4 .1 Mailing Address: ' �, P.O.Box 66 Escrow:G� Crystal Bay,MN 55323-0066 Notes: kOS H OV.t Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications -will not be placed on Planning Commission Agenda. SITE LOCATION: i (o �� / 7 'J fir- ) a'L' - DESCRIPTION OF REQUEST: c?-b ce. d” • /Y 'it , ZG 7L 642/)- e-X1v7 u,70/ - (attach additio al sheets as necessa .4' APPLICANT INFORMATION: beck here ifApplicant address should be used for billing !)�7/1 ''Z(--- '2'`' Applicant: II,Y/ Luh' ,5-9;.17-- Mailing id.� J 1C l eff/� CC/ J4 Phone(Primary): eG/4A 1qe/_ � J� Mailing Address: /94,2,A C ' / A ,.."7.5 City: p7 X'jk�- ZIP: h-5330 Email: io/i nion/ ?7e,-).,f.,/?.r,i' - PROPERTY OWNER INFORMATION: ®'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 ail. Applicant Signature: , .0.1/n�� Date: �J -/ 7 Applicant Signature: 0 Date: , 1 • Property Owner Signature: lZy•7Date: 7-) -/ 7 Property Owner Signature: Date: Variance Application-January 2017 Page 4 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04(see following page)to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last/ %962 4ic/ �s Address / City State Zip Phone I understand my rights as stated above. Signature Variance Application—January 2017 Page 14 PC --- -m- -- Exhibit B #17-3942 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered conolete or rlaced or any meeting agercas ..nti!this form is complete and submitted to the City. 'ail^r.esota Slate Statutes Sec:lor 482.387, Suco v's'on 3;2' reouses ha'.practice d ricuttles ce demonstrated in orce'for a var'ares :o ce grarteo. The di'f c:.l:ies must be unique to ire crope-ty as variances run win the;and and rot:he.ars oyer. Persona/and economic s.'!uatons are not ccrs.'dereci visit practical ddffcalties. In order for a^epplica:icn to be hexa by the Piarntrg Commission and C ty Councaprod cal difficulties having merit must be Cerrenstra:ed. HOW DO I PROVE A PRACTICAL DIFFICULTY? Tnis rcrr'. ^as 12 po nts coli ring ^e cans City s:af' uses to determine if prect'ct dif ou t:es exist and how he valiance wt affect ire surrounding corer.un-ty. Tc prove practical ntffr.,vlites,address a :.^•e re event co'r::s[.sled below aro answer them as clearly as ocss:b'e. Since you are requesl:ng the code exoeo:lon, you have the burden of proving that the variance is Justified, '^e.r,'ormai o^t^e L:r receives s'at is used i^deter-'r'r;a de-tel o-accrova'-e or^re-dation. if you'ieave somet^inn cu: t .yti;l not be ccra'oered. Please Warm esc^C!!re:A'eive practice;difcu/ es criteria as :rey.e:ate tQ:'he request. if/hey CIC fol'apply a'me mite',in:ne space provided. 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." RESPONSE: Lot is zoned for a single-family residence. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." RESPONSE: The lot has extreme challenges due to the width of the lot(50 feet),the side yard setback(10 feet),street setback(30 feet)as well as the wetland setback(35 feet)and low topography. Most single- family residential lots have 50 to 60 feet building pad width to allow for adequate width to construct a single-family home. Landowner would simply like to tear down the 1920's home and rebuild a single-family home on the existing 20x30-foundation therefore a variance is warranted. 3. "The variance,if granted,will not alter the essential character of the locality." RESPONSE: The single-family home proposed will conform and enhance the neighborhood.Some of the homes in the area that are not on the lake,are similar sized and 40+years or older.The new home design has curb appeal and will enhance the neighborhood. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." RESPONSE:This variance petition is not made for economic reasons. 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 1161.06,Subd. 2,when in harmony with this Chapter." RESPONSE: N/A RECEIVED Variance Application—January 2017 MAY 302017 CITY OF ORONO 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."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. RESPONSE: The proposed single family home conforms with the zoning of the property. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." RESPONSE: N/A 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." RESPONSE: Special conditions apply to this building site as it is a smaller lot combined with the wetland and low topography constraints.The narrow 30-foot building pad after the front,side and wetland setbacks creates a hardship requiring a variance to build a single-family home. 9. "The conditions do not apply generally to other land or structures in the district in which said land Is located." RESPONSE: Small homes and yards are typical for the neighborhood, however the smaller than average lot size and correlated proximity and amount of wetland is unique to this lot. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." RESPONSE: The goal of the project is to preserve the existing character of the home,and it size&location to the neighborhood and wetland. 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." RESPONSE: Granting this variance will not impair the health,safety,comfort, morals or in any other respect be contrary to the intent of the zoning code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." RESPONSE: The granting of the variance towards the side,front and wetland setback is necessary to alleviate the demonstrable difficulties of the small 30-foot building pad and is not sought for convenience. 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): RESPONSE: N/A RECEIVED Variance Application—January 2017 MAY 3 0 2017 CITY OF ORONO LEGAL DESCRIPTION: GRADING&EROSION CONTROL NOTES: PC The East 50 feet of the West 158 feel of the South 175 feet of Lot 4,Block IS, Exhibit C BEFORE DEMOLITION AND GRADING BEGIN • Streets and other public ways stall be inspceted daily and if or soils has been deposited i TOWNSITE OF LANGDON PARK,Hennepin County,Minnesota,except • Install silt r ncebio ml around the perimeter of the construction area. promptly be removed. #17-3942 street. • Sediment control measures must remain in place until final stabilization has mon established and then shall • If necessary,vehicles,that have mud on their wheels,shall be cleaned before exiting the site i SCOPE OF WORK&LIMITATIONS: be removed.Sediment controls may be removed to accommodate short lane construction activity but must entrance arms. I. Showing the length and direction of boundary lines of the legal be replaced before the next rain. description listed above. The scope of our services does not include • Moisture roan he applied w diatmbul uveas to control dant as needed. • A temporary rock construction entrance shall be established at each access point to the site and a 6 inch determining what you own,which is a legal matter. Please check the layer of I to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with • Portable toiler facilities shall he placed on site lin use by workers and shall be properly"minlamed. legal description with your records or consult with competent legal permeable geolextile fabric. the entrance shall be maintained during construction by top dressing or 4 counsel,if necessary,to make sure that it is correct and that any matters washing to prevent tracking or flow of sediments onto public streets,walks or alleys.Potential entrances • If it becomes neressery to pwnp the excavation during construction,pump discharge shall be into the k of record,such as easements,that you wish to be included on the survey that are not so protected shall be closed by fencing hi prevent unprotected exit from the site. stockpile areas so that the doable silt fence around these areas can filter the water before it leaves the site. have been shown. DURING CONSTRU('I ION i • Temporary erosion control shall be installal no later than 14 days after the site is first 22-111 2-It and shall 0K5.7°1 -' !! 2. Showing the location of observed existing improvements we deem • when din stockpiles have been crated,a double row of silt fence shall be placed to present escape of consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture'_'_-I I I at I W necessary for the survey, sediment laden ninon' ifthe piles or other disturbed areas are to remain inplacefor more than 14 days, lb/acre followed byspray nm 1 coveting with s m lit. 4 3. Setting survey markers or verifying existing survey markers to establish they shall be reeled with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre ..ry ( the corners of the property. followed by covering with spray mulch. SITE WORK COMPLETION: 5 ! 4. Showing and tabulating impervious surface coverage of the lot for your • When final grad ng has been complete)but before was m of seed or sod an'as bulli'survey shall be F.,.0:-......i review and for the review of such governmental nearer that mayhave • A d'mrpsreg shall be placed on the site for prompt disposal of construction debris.These dwnpsters shall be done per Orono requirements to insure that grading was properly done. Q g agencies serviced regularly to prevent overflowing and blowing onto adjacent properties.Disposal of solid wastes XP$11 ` jurisdiction over these requirements to verify they are correctly shown from rhe site shall in accordance with Minnesota Pollution Control Agency rcyueeroents.• • When any remedial grading has been completed,soil or seeding shall be complenul including any erosion before proceeding with construction. control blankets ler steep areas. 5. Showing elevations on the site at selected locations to give some Asepararc container shall be placed for disposal of hazardous waste.Hazardous warms shall be disposed indication of the topography of the site. We have also provided a of in accordance with MYCA requirements. • when turf is or sheets,c sat fence and inlet protection and other erosion control devices shall be n resistant of and adjacent streets,alleys and walks shall be cleaned as needed to delism a site that is erosion resistan } benchmark for your use in determining elevations for C0r1StrnCliOn on • Concrete truck washout shall b.:in the plastic dread ditch and dispose of washings as solid warm. and clean. $;PPE 0 this site.The elevations shown relate only to the benchmark provided on P, this survey.Use that benchmark and check at least one other feature • Sediment control devices shall be regularly inspected and alio major rainfall events and shall he cleaned " shown on the survey when determining other elevations for use on this sed r paved as necessary to provide dowustrwnt protection. N 8972'06"E site or before beginning construction. —f 6. Note that all building dimensions and building tie dimensions to the I 1 property lines,are taken from the siding and or stucco of the building. I 1 6. While we show a proposed location for this home or addition,we are not as familiar with your proposed plans as you,your architect,or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also,we are not as familiar with local codes and minimum requirements as the local building and zoning officials in g this community are. Be sure to show this survey to said officials,or any 24 other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. g 7. Note that all building dimensions and building tie dimensions to they -INSTALL SILT property lines,are taken from the siding and or stucco of the building. FENCE/&,ROLL 8. While we show the building setback lines per the City of Orono web site,we suggest you show this survey to the appropriate city officials to be Is I �"` sure that the setback lines are shown correctly.Do this BEFORE you use N this survey to design anything for this site. „ma 3 o0 ti STANDARD SYMBOLS&CONVENTIONS: Existing i cT SF�SF "•"Denotes iron survey marker,set,unless otherwise noted. Garage - f�1 n.J - 7 O' REMOVE TREE /=;i 1 1-15'N�'$ry / ff 1o"Vapls m x Ir.9 WC +�6a .. \ r.J J0.5I71 \-3.j. " pt^'PO SCI( -9°8rr�A I Dwelling PROPOSED ' d 111 r t ExistingDWELLING ' .R\h\ w I Owed/ing !Rh Ig:;:".::' �ENTRANCE \ 3' -. LEGEND LIDUZe 11 ELEV. x:\ (FIll2E EXIST. 6YJST/NG CONTOUR ;1 t:; r FOUNDATION) Si I,k ` ec --INSTALL SIIO T 8�2 2aa.. 4 R. ,_ -.. : FENCE/B10 ROLL J .,EUSTINC SPOT ELEVATION s -..._ I... - - ;rile"Awl t 5IPROPOSED SPOT ELSEA770N &y5,f-7 — - I . -- DR!/N.IC,ARAD"—FLO, I ' N 897206"E o 'ALT PENCE/RIO ROLL SF — LE Existing Edge of Bit.Rood Benchmark: Y TOR6.2 o/yore valve93 Dem REVISION DESCRIPTIO! DWG ORIENTATION SONE CLIENT/JOB ADDRESS / �� mYI suit SURVEYED: SHEET TITLE SHEET NO. S-In-tr RENEWED ElaSrwG tear Advance " W°� �� _ JukY tae,Role JP0AEDStJRvEY-4 LORIZAP1A6 Q"�m"'" suRveYeo nYovANeeo suRv �'1PA u .. V\0 20' 40' ORONO, MN mssemssa .5s•., ,MBER rrrcos2trrura�s MAY 25 2017 MAY 25,2017 w,p. omt 170384 JR sErEl I of LEGAL DESCRIPTION: PC The East 50 feet of the West 15k feet of the South 175 feet of Lot 4,Block 10,TOWNSITE OF LANGDON PARK,Hennepin County,Minnesota,except street. Exhibit D __ SCOPE OF WORK&LIMITATIONS: fh�y -3 n4 I. Showing the length and direction of boundary lines of the legal description listed above. The scope of our .7 services does not include determining what you own,which is a legal matter. Please check the legal description with your records or consult with competent legal counsel,if necessary,to make sure that it is ,fie NMh/he of the South 175 correct and that any matters of record,such as easements,that you wish to be included on the survey have ,,vet of Lot 4. • • been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 'N 8972'06"E -% --50.00-- 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. — — — — — r' �1 — — — — - 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such I1 I governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown1 I before proceeding with construction. 5. Showing elevations on the site at selected locations to give some indication of the topography of the site.We c- ° have also provided a benchmark for your use in determining elevations for construction on this site.The A- elevations shown relate only to the benchmark provided on this survey.Use that benchmark and check at least o one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. y t 4 6. Note that all building dimensions and building tie dimensions to the property lines,are taken from the siding 1-,y and or stucco of the building. ° a STANDARD SYMBOLS&CONVENTIONS: tl Pi !h/'sketch wetland t Q Soo,,,,Locus Mueller at"' A C �' "•"Denotes iron survey marker,set,unless otherwise noted. ISG!roup Q >I ! s ¢ 324 371 %9 i3 1 NN. '-e,heodge e%wetland- 4 i N Existing v 329 X932.5 et Garage $.1"2L'3xk9 ..'"1.1..;2'‘—`.2.;,b o 2 I I \\,_ \ •I 2 De/heated wetland as .20!!(gold 9./ ti k, per sketch supplied to us Y 9592 N C h •----fon Lucas Mueller Si f 93 CC33 I • ISO Group --.,.c'x 'l.l� _5J Existing 934.3 9.3%.1.,, Dwelling Dwelling ."'�$431.9 r 'i..-API d LEGEND g x•..a Existing ...5&'° 1 Owe/ling ry.k 3 1wry \iii 'i - CATCH BASIN 9>x6 LVO $ 1K�VI 06- - FIRE HYDRANT 9 20.k r934.9 � - POWER POLE TI ��-_ 11 l0•AO 'a ' ® = MANHOLE _ nxA !..S.: 93 5s ® - TELEPHONE PED. I .xsgc93sa ,urea — I y3s.o B - ELEC.TRANSFORMER --50.00 , G - WELL 93rd N 89%2'6'E _NINA— — — — GATE VALVE — — — — T`Edge oB/ Rood 91.2 - LIGHT POLE Togo ' Road , t Benchmark:e --Top of gore /w Me South/he ofCor e.� —5-0— -FENCE LINE9.76.2 —SS— - SANITARY SEWER LINE —W— = WATER UNE —G— - GAS UNE -ST— = STORM DRAIN UNE IbuSe 816 Sq.Ft. Ex[STING run BituminousDCOVER Road —E - OVERHEAD UTILITY UNE Concrete Surfaces Gravel Drive 595 Sq.Ft. . TOTAL EXISTING KAROGOVER 2,017 Sq.Ft. -CONCRETE SURFACE AREA of LOT ABOVE 1100. 9,490 s9.FT. PERCENTAGE OF HARDCOVER TO LOT 44.. AREA of LOT BEL.NETunD 3,760 Sq.rr. DATE BENrON Dr9RFnm DPAVMGOR1EMAsonoiCN.i GWENT WOK/. , rmalt SHEET TIRE SHEET NO. H%IRESS nu ms Pu 94'97 OR Refit MY LORI ZAPPA Advance111r 91 MO le 116.7 9/9999. M L/( MM. DATE SURVEYED JULY 9m EXISTING CONDITIONS Surveying 8 Engineering.Co. SURVEY ^ 1 I 0 20 40 36300 °R'MHG NUMBER S 670 TOGO ROAD Sou.».V."e,ol #43379 DATE DRSRo JULY 15 2019 WAYZATA, MN un —•• ,zo,,.,47 r,on JULY rs,201121 160605 TB I SHEET OF ., lit • y y rw.++� Y'',4. , , -z'''''"''''-' ,.... ,,,,Ai,„ r `!f f 8b. _rim .... .,, ....,,s, ,, - _- _, , , s .......,.....„.........,"....„ „.„_, „......„, /. - 1w \\\ s. . „ .. .... . ,. ......., ,,,, ,\ „,,,,,,,,..„,„ , , , \\\ ,,, , ,,,„ A , ., ,.., . - ..,... s ,,, :, \ , I.,' : ii - --- .. j iii,, ,,.„-....,,,-.,4:,,,:,-„- ... ..,t-ii 1111("4' -' ''''''''-t-.4? ,A".' W 1 ' kr _A*, -11,Z-:!--/ I ill I. '*:'' 11 .ma ...„, mow x 1 • S'-5 1/2" --< 5'-4 1/2" >1‹ 1&'-2" 2 -5 1/2" ---2'-b">- : 30' -1' . 4. ›-, 1-2" >< I— 2b20AW 4035DH ; imminm w242 _ _ .=. = YI3125• (--....—wm 57=Gri,-;: 1-41442R ' T ii II 1 1360R 528 PGIIIIPX B27 II 51335 ChefSeries DishuaEB.13R1 24'1 —J X ) — = (NI 6' ' — -15'-1" > i SCARE "1- .) , I, — --1 V- .€` I9 • cc, , •:?: , 1 - N 11 II ' - . H I T " LIVING AREA __ ------ .i /1 1'-f5" 2 j I ilk , _,.. •9 A zn, , ,, --- • --------. = A e.p 1 ii 1:1-8 1/2" II 11` Li SI v . ','•'; - in "/ v v .;4:,,:!e,:'-,•.1,2,k,i,,Wq.;NF:,,,1 f. 1__ All......111111il I_ 3542DH 3oa 3535DH _J 1'../1. 1/0"A" e e IOZ A I z 0 ocn < oo(n Z 0 LL _J PC Exhibit F City of Orono #17-3942 Hardcover Calculation Worksheet ) Property Address: 3670 Togo Road (our survey 170384 ii5,4____ � % Prepared by: Joshua S. Rinke, PE No. 52716 Date: 5/30/2017 \-1,_ESHc0.> 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. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24' x 30') (720) S.F. A House 616 S.F. B Garage 246 S.F. C Concrete Surfaces 104 S.F. D Gravel Surfaces 595 S.F. E Deck 294 S.F. F Bit. Street/Drive Apron 139 S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. p S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. 2 S.F. (1) Total Existing Hardcover 1,994 S.F. Excludable Hardcover(See City Code Sec 78-1684) Bit Road for public use _ 71 S.F. Deck 294 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 365 S.F. (3) Net Existing Hardcover 1,629 S.F. (4) Total Lot Area 8,250 S.F. Existing Hardcover Percentage [(3)/ (4)] 19.75% ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional engineer under the laws of the State of Minnesota. Joshua S. Rinke, PE No. 52716 Step 2: PROPOSED 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. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House 616 S.F. B Garage 246 S.F. C Concrete Surfaces 92 S.F. D Gravel Surfaces 595 S.F. E Deck 162 S.F. F Porch 144 S.F. G Bit.Street/Drive Apron 139 S.F. H S.F. I S.F. S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. ✓ S.F. Z S.F. (1) Total Proposed Hardcover 1,994 S.F. Excludable Hardcover(See City Code Sec 78-1684) Existing Bit Road for public use 71 S.F. _Deck 162 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 233 S.F. (3) Net Proposed Hardcover[Subtract line (2)from line (1)] 1,761 S.F. (4) Total Lot Area 8,250 S.F. Proposed Hardcover Percentage [(3)/(4)] 21.35% PC Minnesota Wetland Conservation Act Exhibit G #17-3942 Notice of Decision Local Government Unit(LGU) Address Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Lori Zappa 3670 Togo Road Application Number 7/1/2016 W16-35 ® Attach site locator map Type of Decision: ® Wetland Boundary or Type ❑No-Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ❑ Approve ❑ Approve with conditions ❑ Deny Summary(or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 7/27/2016 ® Approved ❑ Approved with conditions(include below) ❑ Denied LGU Findings and Conclusions(attach additional sheets as necessary): Lori Zappa applied for a wetland boundary&type confirmation for the wetlands located at 3670 Togo Road in the City of Orono, Hennepin County, Minnesota. Legal description: Section 17, Township 117N, Range 23W. The boundary& type approval was requested July 1St, 2016. A wetland delineation was conducted by ISG on June 21st, 2016. A complete delineation report and WCA application were submitted to MCWD on July 1St, 2016. One wetland was delineated on the property. Wetland A was identified as Type 3, Shallow Marsh wetland. Boundaries and types were reviewed in the field July 6th, 2016. MCWD was in agreement with the boundaries and types. MCWD approves the wetland boundary and type as delineated in the field and documented in the delineation report and map. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal(sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑Financial Assurance: For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑Deed Recording: For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑Credit Withdrawal: For replacement consisting of wetland bank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU upon request. Name Title Rachel Workin Permitting Technician • Signature ,� Date Phone Number and E-mail / , ( 7/27/2016 (952)641-4518 rworkin@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days)has expired. If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3.APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ® Appeal of an LGU staff decision. Send ❑Appeal of LGU governing body decision. petition and$0 fee(if applicable)to: Send petition and$500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka,MN 55345 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4.LIST OF ADDRESSEES SWCD TEP member: Stacey Lijewski—stacey.lijewski@hennepin.us • BWSR TEP member: Ben Meyer—ben.meyer@state.mn.us ❑ LGU TEP member(if different than LGU Contact): ® DNR TEP Becky Horton-becky.horton@state.mn.us ® DNR Regional Office(if different than DNR TEP member): Leslie Parris- leslie.parris@state.mn.us ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different): lorizappa_87@msn.com ® Members of the public who requested notice(notice only): ISG(Lucas Mueller)- lucas.mueller@is-grp.com; Christine Mattson-cmattson@ci.orono.mn.us; ® Corps of Engineers Project Manager(notice only): Melissa Jenny— melissa.m.jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 5. MAILING INFORMATION >For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf >For a list of DNR TEP representatives: www.bwsr.state.inn.us/wetlands/wca/DNR TEP contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions,see:http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf >For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District,ATTN: OP-R 180 Fifth St.East, Suite 700 St. Paul,MN 55101-1678 >For Wetland Bank Plan applications,also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6.ATTACHMENTS In addition to the site locator map,list any other attachments: ®Approved wetland boundaries BWSR Forms 7-1-10 Page 3 of 3 Tit i"....- .„..4# 'g ...f. { # Legend Nktland Flag 00rS� Photo Location � J` ,," �t 4 ' `' 4< ' .b` +,, , ' 4 IA14 Wetland Delineation s • .. +"• s »,4 -�-4I ' ;; Project Area ' .Y� • i 1 ��i" Sample Point a �. ,, • x �. 04, Upland' N +` ". r �, ,..: PC %441,§, s Exhibit H . „.. . ,,....... , . .... f 0. i .......„....,, . ,.. ... . #17-3942 P , ,, _ .....,,,„. ..... , ` rF�.r ` 4 ., , '.7"...� •• off„' +. as 1.. < {�,. .�.,e _ 'TSS . 1v • •� .. __.. . .�...--- ..y� ,. v� .�.s�R,..-.ter,_,. r YM ....0 ,.r.wX s ig- �. - - , •qr::'z`+. 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' 1 { PC Exhibit J #17-3942 ORDINANCE NO. 199, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO SETBACKS FOR NON-CONFORMING RESIDENTIAL LOTS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1406 shall be amended by adding text to read as follows: Sec. 78-1406.—Additional yard provisions. Required yards in the districts specified shall be subject to the following additional requirements: (1) Through lots. Through lots in any district shall have a required front yard on each street. (2) B and I districts:adjacent lots. In the B and I districts, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question are less or greater than the minimum front yard depth required for the district, required front yards shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than five feet nor be required to exceed 50 feet. (3) R districts: adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. (4) R districts: Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. SECTION 2. Section 78-305 shall be amended by adding text to read as follows: 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: Lot Lot Front Side Side Rear Area Width Yard Yard Yard Yard (Acre) (feet) (feet) (feet) Adjacent (feet) to Street (feet) 2 200 50 30 50 30 50 (c)Within the LR-1A zoning district,the side yard setback for lots that are non-conforming as to their width shall be the lessor of 30 feet or equal to 10% of the Lot Width as defined. However, in no case shall the side yard setback be less than 10 feet. SECTION 3. Section 78-330 shall be amended by adding text to read as follows: Sec. 78-330. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1 B district shall exceed 30 feet in height except as provided in section 78-1366. (b)Lots. The following minimum requirements shall be observed: Lot Lot Front Side Side Rear Area Width Yard Yard Yard Yard (Acre) (feet) (feet) (feet) Adjacent (feet) to Street (feet) 1 140 35 10 30 20 35 (c)Within the LR-1B zoning district,the side yard setback for lots that are non-conforming as to their width shall be the lessor of 10 feet or equal to 10%of the Lot Width as defined. However, in no case shall the side yard setback be less than 7.5 feet. SECTION 4. Section 78-350 shall be amended by adding text to read as follows: Sec. 78-350. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1C district shall exceed 30 feet in height except as provided in section 78-1366. (b)Lots. The following minimum requirements shall be observed: Lot Lot Front Side Side Rear Area Width Yard Yard Yard Yard (Acre) (feet) (feet) (feet) Adjacent (feet) to Street (feet) 0.5 100 30 10 30 15 15 (c) Within the LR-1C zoning district,the side yard setback for lots that are non-conforming as to their width shall be the lessor of 10 feet or equal to 10%of the Lot Width as defined. However, in no case shall the side yard setback be less than 7.5 feet. 2 SECTION 5. Section 78-420 shall be amended by adding text to read as follows: Sec. 78-420. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the RR-1 B district shall exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Lot Front Side Side Rear Area Width Yard Yard Yard Yard (Acre) (feet) (feet) (feet) Adjacent (feet) to Street (feet) 2 200 50 30 00 30 50 (c) Within the RR-1B zoning district, the side yard setback for lots that are non-conforming as to their width shall be the lessor of 30 feet or equal to 10%of the Lot Width as defined. However, in no case shall the side yard setback be less than 10 feet. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 12th day of June,2017 on a vote of 5 ayes and 0 nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of June 24`", 2017. 3 PC' Exhibit K #17-3942 RUN DATE:05/15/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PA( 38 17-117-23 31 0025 38 17-117-23 31 0035 38 17-117-23 34 0014 SUZANNE D FACKLER RALPH WILLIAM KEMPF MARY E RIPPBERGER 3700 TOGO RD 3675 TOGO RD 3635 TOGO RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SUZANNE D FACKLER RALPH KEMPF MARY E SCHOMMER 3700 TOGO RD 3675 TOGO RD 3635 TOGO ROAD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 31 0026 38 17-117-23 31 0036 38 17-117.2334 0016 CITY OF ORONO NAVARRE CONG OF JEHOVAH WITN JEFFREY R ZELL 38 ADDRESS UNASSIGNED 3655 TOGO RD 3680 NORTHERN AVE ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO NAVARRE CONG OF JEHOVAH WITN JEFFREY R ZELL P 0 BOX 66 C/O KINGDOM HALL 3680 NORTHERN AVE CRYSTAL BAY MN 55323 3655 TOGO RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117.23 31 0027 38 17-117-23 31 0037 38 17.117-23 34 0091 LINDA I LINDQUIST BARRETT M KIRCHENWITZ APJ ENTERPRISES LLC 37101000 RD 3685 TOGO RD 3708 NORTHERN AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MRS LINDA J PETERSON MELVIN&DONNA KIRCHENWITZ APJ ENTERPRISES LLC 3710 TOGO RD 175 TONKA BAY RD 16192 HIGHWAY 7 WAYZATA MN 55391 EXCELSIOR MN 55331 MINNETONKA MN 55345 38 17-117-23 31 0028 38 17.117-23 31 0041 38 17-117-23 34 0092 TIMOTHY P ROBERTS THE MEGAN JOY TAMTE REV TRST APJ ENTERPRISES LLC 3690 TOGO RD 2100 SHADYWOOD RD 3694 NORTHERN AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 TIMOTHY P ROBERTS MICHAEL&MEGAN TAMTE API ENTERPRISES LLC 3690 TOGO RD 4520 LAGUNA DR 16192 HIGHWAY 7 WAYZATA MN 55391 EDINA MN 55435 RD MINNETONKA MN 55345 38 17-117-23 31 0029 38 17-117-23 31 0042 38 17-117-23 42 0017 K ATHERTON&ALEX HACKBART GEOFFREY&STEPHANIE MARTHA STEPHEN T SIME/SUSAN E SIME 3680 TOGO RD 2092 SHADYWOOD RD 2106 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 KELSEY ATHERTON GEOFFREY MARTHA STEPHEN&SUSAN SIME 3680 TOGO RD STEPHANIE MARTHA 17447 CHERRY DR WAYZATA MN 55391 2118 SHADYWOOD RD EDEN PRAIRIE MN 55346 WAYZATA MN 55391 38 17-117-23 31 0030 38 17-117.23 31 0044 JOHN R CONKLIN JEFFREY R WELDON 3660 TOGO RI) 2117 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 ADAM K LEHR JEFFREY R WELDON 3645 NORTH SHORE DR 2117 SHADYWOOD RD ORONO MN 55391 WAYZATA MN 55391 38 17-117-23 31 0031 38 17-117-23 31 0047 CITY OF ORONO MICHAEL NOVAK 38 ADDRESS UNASSIGNED 3640 TOGO RD ORONO MN 00000 ORONO MN 55391 CITY OF ORONO MICHAEL NOVAK P 0 BOX 66 3640 TOGO RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 31 0032 38 17-117-23 31 0048 MICHAEL P&LORI J ZAPPA J E WELLS&K M WELLS 3670 TOGO RD 360010G0 RD ORONO MN 55391 ORONO MN 55391 MICHAEL P&LORI J ZAPPA JAMES E&KAREN M WELLS 19622 CO RD 35 3600 TOGO RD ELK RIVER MN 55330 WAYZATA MN 55391 38 17-117-23 31 0033 38 17-117-23 31 0050 DAVID MADGETT&K SCHWARZE JAMES LEROY BARTH 3637 TOGO RD 3725 TOGO RD ORONO MN 55391 ORONO MN 55391 DAVID MADGETT JAMES BARTH KRISTIN SCHWARZE 3725 TOGO RD 1350 ORONO OAKS DR ORONO MN 55391 ORONO MN 55356-9480 38 17-117-23 31 0034 38 17-117-23 31 0051 SAM BREMER/TATIANA SUBBOTINA JOSEPH L ZLOTKOWSKI 3645 TOGO RD 3705 TOGO RD ORONO MN 55391 ORONO MN 55391 SAM BREMER JOSEPH L ZLOTKOWSKI TATIANA SUBBOTINA 3705 TOGO RD 3645 TOGO RD WAYZATA MN 55391 WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. PC Exhibit L Hennepin Hennepin County Locate & Notify Map #17-3942 Provided By: Resident and Real Estate Services Date: 5/15/2017 17-117-23-24 sa, a61 CI. 0 n+�(49) ' p Olt' °,47 VE2Al (21 5 51 t ill) 45' .... „.:, k, E"* Q s,'e. 1131 a :a 17-117-23-31 r Sprin • Park (16) .�; 1171 (211 al) m� � 1 17-117-23-31 p ''',.�Jos1otRl . . e5 011 J7) 7. : E 2. =i Atwis31 .� Baas- Y .. .__,, .„ 7.7:7,-;:-, .,.,. M, ems^ 17-117-23-34 -- n., ,136, ,,7, (88 (691 (901 (16) (16) 1 7:1 Buffer Size: 350 feet 0 60 120 240 ft Map Comments: I ( ( ( I i ( ) I MICHAEL P&LORI J ZAPPA 3670 Togo Road For more information contact: Orono. MN Hennepin County GIS Office 55391 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us ' r Item 4 Date Application Received: May 17,2017 �O�VO Date Application Considered as Complete:May 17,2017 60-Day Review Period Expires: July 17,2017 a � ti t. To: Chair Thiesse and Planning Commission Members � Doug Reeder, Interim City Administrator gkFSHov-- From: Jeremy Barnhart, Community Development Director Date: June 19, 2017 Subject: #17-3943,All Energy Solar o/b/o Larry Baran,480 Stubbs Bay Road, Variance Public Hearing Application Summary: The applicant is requesting a variance from the code that requires solar energy systems to be roof mounted. Staff Recommendation: Planning Department Staff recommends approval of the variance as requested. Background The property owner desires to place solar panels on the ground to the north of the existing house. The ordinance permits solar panels in all districts, but such panels must be placed on the roof. LOT ANALYSIS WORKSHEET Section 78-420-Setbacks: RR-1B DISTRICT Required Proposed Solar Panels Front (must be behind the 62 62'9" principal structure, per 78-1435) Rear 50 895 Side 30 30'6" Side 30 339' Wetland 35' Section 78-420-Lot Area/Width: RR-1B DISTRICT Lot Area Lot Width Required 2 acres 200' Actual 10.92 acre 397' Section 78-1403-Structural Coverage: The property is over 2 acres,structural coverage is not calculated. FILE#17-3943 June 19,2017 Page 2 of 5 Section 78-1680 and 78-1700-Hardcover Calculations: The property is in an exempt area, hardcover limitations are not imposed. Applicable Regulations: 78-1379 (e) Solar energy systems. (1)Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (2) Standards. a. Exemption. Passive or building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. b. Roof-mounted systems allowed. The only solar energy systems allowed in the city are those that are roof-mounted, c. Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. d. Setbacks. Roof-mounted solar energy systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. e. Roof mounting. Roof-mounted solar collectors shall be mounted parallel to the surface of the roof and within three feet of the roof surface, unless manufacturer's documentation is provided indicating that collectors must be angled to provide optimum performance. No portion of the collectors or their mounting system shall extend above the peak or ridge height of a pitched roof. On a flat roof, collectors and their mounting systems shall not extend more than 5 feet above the roof surface. f. Easements. Solar energy systems shall not encroach on public drainage, utility, roadway or trail easements. g. Screening. Solar energy systems shall be screened from view to the extent possible without impacting their function. h. Maximum area. In all residential zoning districts, the collector and mounting system of a roof-mounted solar energy system shall cover no more than 70 percent of the roof to which it is affixed. i. Aesthetics. All solar panels shall be designed, installed, positioned and constructed of materials so as not to cause any glare or reflective sunlight onto neighboring properties or structures, nor toward vehicular traffic on land or on a lake, and so as to not obstruct views. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. j. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid. (3) Safety. a. Standards and certification. 1. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the building official. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. FILE#17-3943 June 19,2017 Page 3 of 5 2. The equipment or device must be designed and constructed in compliance with all applicable building and electrical codes, and (if for co-generation) must be in compliance with all state and federal regulations regarding co-generation of energy. b. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (4)Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. (5) Permits. A building permit shall be obtained for any solar energy system prior to installation. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Within the city zoning ordinances the city states"it's is the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation" (Sec. 78-1379, b.)The proposed ground mount accomplishes just that. 2. The variance is consistent with the comprehensive plan.The vegetation cover terrain and structure orientation are unique characteristics that affect adequate access to direct sunlight. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of any other building or structure in the proposed location would be permitted, only because the structure collects sunlight and transfers the energy is it prohibited. b. There are circumstances unique to the property not created by the landowner; Neither the orientation of the roof, nor the size of the roof where explicitly established by the homeowner. and FILE#17-3943 June 19,2017 Page 4 of 5 c. The variance will not alter the essential character of the locality. The existing vegetation and grading remain intact. The location of the proposed ground mount is well screened from the road right-of-way. The 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.The requirement to place the array within the specific location of the yard to gather maximum sunlight is the reason for the variance, and is an established practical difficulty. 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.Alternative energy systems are permitted in the zoning district the property is located in 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 specific topography of the property the vegetation coverage and the orientation of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The specific topography of the property the vegetation coverage and the orientation of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The granting of the proposed variance is in accordance with the intent the city's land use plan, "Private stewardship of land and resources is preferable to inflexible public control." 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The granting of the proposed variance is in accordance with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The granting of the proposed variance will provide the best access to direct sunlight attainable within the property The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system, and has determined that the project is not likely to impact the existing or future septic sites. Practical Difficulties Statement FILE#17-3943 June 19,2017 Page 5 of 5 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 purpose for the roof mounted requirement, coupled with hard cover and structural limitations, appears to minimize light and glare impacts on adjacent properties. The proposed location of the solar array is within a heavily screened area of the yard,maintaining setbacks from adjacent property lines. Further,a ground mounted array will be screened from Stubbs Bay road. The nearest adjacent home, 3625 Jacobs Mill Road, is 375 feet from the array. State statute seems to clearly protect a property owners' interest in solar energy. Placing of the array on the home would not negate the need for a variance, as due to the roof slope, and orientation, a variance would be required not be flush with the roof. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance, 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? List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Site Plan Exhibit D. Applicant supporting information Exhibit E. Notification information t , DocuSign Envelope ID:55356F20-A548-4218-8D6A-46287D3DBC7B PC Exhibit A 17-3943 City of Orono Variance Application /OAi Street Address: Application# / CI y 2750 Kelley Parkway OOrono,MN 55356 Date Received: C; Main: 952-249-4600 Staff: fax: 952-249616 Fee: $700 �.f C K ` + i.P 7 , 7 -, -, Mailing Address: 4,4:‹1 � r ` C] yF P.O-Box 66 Escrow: $700 / ' "`C C r ' 1 116 L Crystal Bay,MN 55323-0066 Notes: gkESHoN, — — 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: 480 STUBBS BAY RD DESCRIPTION OF REQUEST: (attach additional sheets as necessary) APPLICANT INFORMATION: 0 check here if Applicant address should be used for billing Applicant: All Fnergy Solar Phone(Primary): 651-888-4173 _ Mailing Address: 1642 Carroll Ave,St Paul MN 55104 City: ZIP: Email: kristensaes@ilgmail corn_---_ PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant 0 check here if Property Owner address should be used for billing Name: Larry Baran _ PhonePrima ( rY): (708) 337-4649 Mailing Address: 4810 Stubbs Bay Rn, I nng I ake, MN 85356 City: ZIP: Email: ___larneamighlymoonmen.com APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents,Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributed via email. DocuSigned by. r �D� � � l 5/17/2017 Applicant Signature: I C+ 0OA Date: l 8D9E219357074AB Applicant Signature: Date: DocuSigned by: ,a, Property Owner Signature: (tW l 6.144, kw. f7 at/t, Date: 5/16/2017 RECEIVEI�� -00CD3F420053437 b aE`°'EIVE"' Property Owner Signature: Date: Variance Application-January 2017 MAY 1 7 ?01 Page 4# 2 cy, '‘- • • 3 CRY OF ORONO 5/16/2017 ' adjacent 1.jpg ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM (we) -t. L �x t i r - i of 6 2'' J (C e S M)L L fZ.t [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at y.M) , -j 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. �f a / _ ^t- ___._ M�'j J 'Z Property Owner Date 1 1 Property Owner Date If you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. RECEIVED MAY 1 7 ''_017 erne OF ORONO • haps://mail.google.com/mail/uM0minbox/15c0dce52bbe174f?projector=1 3 9 4 1/1 5/16/2017 adjacent 2.jpg "�'1 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM/�� I(we) �" /kl l t,l 11-1— of � c c 1, '} ' [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1-g-3 �j\4' >i /i-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. -‘,i ( (ti�(�l\-S 2 6 1 7 w r - 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. +++++++++r++>,+++a+a++>a+aa>>++>a++++++++e • »++a+a++-a»e ++•a>a+>++++x>+asa-a ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM i44'J [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at (T 1K, wro ;y , (.(_,.0also 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 impro�ent plans and that the.proposed neighbor's project or use requires Council approval. 41. P •perty 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 RECEIVEDMAY 172017 39 43 CITY OF ORONO 1/1 httpsJ/mail.google.com/mail/u 0minbox/15cOdce52bbe174f?projector=1 5/16/20'17 . adjacent 3.j pg ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM (we) Lec,4. 1, ‘i;fa Oli 1 ca--)6,Id of 4 1 L 5 71, >,5'S / 1J I'ZJ2 [print name(s)] [print address] / have reviewed the plans for the proposed improvement or proposed use of the property located at y$O Si t.v;r i /7A y 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. ,/6111/1(di 6.)/ilt/4' e_V 57i r//7 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. *********Rftfitft*R*RV*f •. ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) Lj r 5/j c.0 p,.c., of 13e, S r-i,,, r3� (3-r ,if) [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at '-!,,Y,-'-‘) ' 71"` int:,c i 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 improv?ment plans and that the proposed neighbor's project or use requires Council approval. 'i )2/$7/. Property, er D 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 RECEIVED MAY 172017 3 Jj 3 CITY OF ORONO https://mai I.google.com/mai I/u/ONinbox/15cOdce52bbe174f?projector=l R"T 1/1 DocuSign Envelope ID:55356F20-A548.421B-8D6A-46287D3DBC7B PC Exhibit B 17-3943 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." Within the city»ping ordinances the city states"it's in the publicinterect to encourane alternative energy systems that have a positive impact on energy production and conservation"(Sec.78-1379,b.)_The proposed ground mount accomplishes lust that. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The vegetation cover terrain and structure oientatioa are unique characteristics that affct ad auate access to direct sunlight. 3. "The variance, if granted,will not alter the essential character of the locality." The existing vegetation and grading remain intact The location_of the proposed ground ount is well screened from the road right-of-way. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." Access to direct sunlight is the driving practical difficulty,caused by the unique charateristics of the property. 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd.2,when in harmony with this Chapter." Minnesota Statute 462.357 Subdivision 6 Paragraph 2 states_that"Practical difficultiss_inctude.]Dut are not limited to,inadequate access to direct sunlight for solar energysystems." 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." Alternative enerav systems are permitted in thesoning district the property is located in. RECEIVED Variance Application-January 2017 MAY 1 7 2017 Page 7 # 3943 CITY OF ORONO DocuSign Envelope ID:55356F20-A548-4218-8D6A-46287D3DBC7B 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This does not apply to the variance being requested. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The specific topography of the property.the vegetation coverage.and the orientation.of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The specific topography of the Property and orientation of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting nf the prnpnsed variance is in arrnrdanrp withshe intp_nt_thp rity's land_selan, Private stewardship nf land and resources is preferable to inflexible public control." 11. "The granting of the proposed variance will not in any way impair health,safety, comfort,morals,or in any other respect be contrary to the intent of the Zoning Code." The granting of the proposed variance is in accordance with the intent of the zoning code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The granting of the proposed variance will provide the best access to direct sunlight attainable within his property. 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): Please see attached statement. RECEIVED Variance Application-January 2017 MAY 1 / 2017 Page 8 # 3943Cmi'OF ORONO • • DocuSign Envelope ID:55356F20-A548-4218-8D6A-46287D3DBC7B ,. : 1, ALL ENERGY 1642 Carroll Ave St.Paul,MN 55104 www.allenergysolar.corn City of Orono Planning Commission City of Orono 2750 Kelley Parkway Orono, MN 55356 05/16/2017 We, Larry and Anne Baran, hereby apply for a variance, with the help of All Energy Solar, to Orono City ordinance Title VI, Ch. 78, Article X., Division 1., Sec. 78-1379 subsection E. b. "Roof-mounted systems allowed. The only solar energy systems allowed in the city are those that are roof-mounted." based on the following examples of practical difficulty created by this ordinance: 1. Vegetation and Topography: Alternate locations for a ground-mounted solar electric array on the property would not provide adequate access to sunlight due to the existing vegetation and the respective shadow casting. Also, the topography of the property limit alternative locations due to the natural sloping of the terrain. 2. Minnesota Made Solar incentive: We won a lottery through the Minnesota Department of Commerce: Made in Minnesota Solar Rebate program. This lottery rebate is difficult to receive and makes the investment into our solar energy system very attractive. This incentive is based on the production of the solar array and a more efficient system will result in a better financial investment. If solar panels were to be placed on the roof of the home, the incentive levels would be less than favorable. 3. System Size: The available roof space would result in a smaller system size which in turn means less solar production and a greater dependence on nonrenewable energy sources. Furthermore, the roof is not at an ideal tilt angle and orientation, which again, would result in lower energy production. Direct sun access on the roof would also be inadequate when compared to the ground mount location. 4. Minnesota Statute 462.357 Subdivision 6 Paragraph 2 states that "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems."A roof mounted system at this location would not provide adequate access to sunlight, when compared to the sunlight access achieved via a ground mounted system at the proposed location. a. A detailed analysis was conducted and the location with the most adequate amount of sunlight selected. Please refer to Exhibit A for further details. For these reasons we ask the Planning Commission to approve our application for a variance and allow us to install a ground mounted solar PV system on our property as originally proposed. Respectfully, Larry and Anne Baran —DocuSigned by: (Ary tuA,I atm bar5/16/2017 RECEIVED L-00CD3F4200s3437 MAY 172011 # 3943 CITY OF ORONO a �. ALL , i E PC Exhibit C ,, 0 , 17 3943 COMPANY INFORMATION ��,,t �,, -, G ^-:. ,. ALL ENERGY SOLAR, INC ! �°" �m 1642 CARROLL AVE 111 +',+L ; s ST PAUL, MN 55104 (800) 620-3370 , �. 6.9. + ,` INFO@ALLENERGYSOLAR.COM te, , tilr--**t +sw . ^�, a _... . CLIENT INFORMATION ,t '' _' 'f� LARRY BA RAN F ! ' k ` ; �: 480 STUBBS BAY RD ,,. ^`-*. / r LONG LAKE, MN 55356 . `.. ;•- , , ` PO 14778 tib.e` - h� r1 ‘-iQ,.. ' 4. _ .:# y f SYSTEM DETAILS r + . -I ):‘. .'' 41, -14 NOTES' t � ,, c� ', � �.,idki 1. (1) SOLAREDGE . «.� o �� `' 35' SE7600A-US �. -n ., • 56' 1� • INVERTER(S)— 36'' _ - .. .. 21.. .ARRAY 1. 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' ' — , - • ''-': Oi. . 1 1' ' :. 10'''175; ', , TC ' OF ORONO • I:. .'.•**..Vt,41"'( lit,t1 $ - • •-I t..A ,,•t' Tr. *ro,;,.,4,,,,vi:,g:vi, . .,-.,.,.,:,,.-„,\•t rl,.-e, 1.: > i • 6.- Ix ro co F R/ '• ,$ ... ... +�f; b 111 ` s '..� r. t r- itI `r1 ya • i 17-3 e d (6 41'• , ^ co {; t1 JS_. t> 3 • 4. 1I 1 t 1• „O' • �+/.J) .rte • �-lb �• •� "�; ' t ^fir 4 fr i, ! • "Olt Ittillir tte4r-„Vtigr•• * . x ar. • d 'wit. aw.' *r lk Y4t. • • Ti r 943 } 14 • r.' �+ I 4f ` MAV 1 201, P ITY OF ORONO VII ES 1", Aft. at b Ni•;&-*;' It ..".. E 7, co Alli V r . O ;ti.t� . a Q { •. f. A co • '! r r� J ' .,. ,y r#• 1� - r , 412, d" c "x� b ,14% • o t �i . • ' ;t �'d°w1 _ '°,t. _ .� , "....-.a>„ ._moi} ' 'p#.1,' .- _ -1.4",-.... . .J7',� ' ("�` i'` '� " ~, ' . ": ". 1: �'eair.,, ii41;:,-;',,,,.....:4: icrow 4rolltP ,v s8 Z F.' -:r'''''' Z ' x r �._ ,,, o In .r i �v r,,' V <. , fes: n li K` p . y • _ -, t ', `ate !,i,rt 3 1 r• ,, . 1 4.1„' a`r . rirc. t � �� 51 t . , i;/ ; ,. �� r r bi''''''''-'41-'--"''''' RECEIVED 1.:.. '�:, M r r „w Ott` '{! �.' _, z : ,• • ' , ,, ,r SAY ? 2017 v. t O` "', CITY OF ORONO '.1";-1'- - ' • ' „, . ',.. -;'•4.•4;;•!et:-:::'; ' ' If: 1,%' . , 4 .,..,.. • .' 44, '-,&..'r,, :1- - • lit 1. • ...`" r , r . .. .„.., - . •• , S. . • f ' ' •";'.... . "..1..; t ..4.1. .4.4 ..„. .. . . - ,... . .4;& 40 4 .ea 444 - 0 ' I. .0 3 : . = ' 44, ' ... ,,. 4 -4. i;* • ' - . :` • 0" "''''' . .,•4YA '. . 1 , • v . N ,. .t 4 , 4 lir 4 ' . ., I. 4; • .. 0 43 , . .. - - e.• , •. ,,,, 1 14 4 ( ,4Att 4 I . :ECEVED 0 i P MAY 1 7 2011 , , ,• , .n —,0-0, CITY OF ORONO , . ... Solar Access and Shade Report 5/3/2017 For: larry baran 480 stubbs bay rd n long lake,mn 55356 By: peter dosher 1642 Carroll Ave St.Paul,MN 55104 (800)-620-3370 Measurements made by Solmetric SunEyeT"—www.solmetric.com Solmetric RECEIVED MAY 1 77017 39J 7 CITY OF ORONO Session Properties Name lbaran revisit !Creation Date 4/27/2017 17:09 Note (none) 45.0°N,93.6°W Location Mag Dec:0.3°E Time Zone:GMT-08:00 Solar access averages of 11 skylines in this session Skylines Averaged:Sky01,Sky02,Sky03,Sky04,Sky05,Sky06,Sky07,Sky08,Sky09,Sky10,Sky11 Monthly Solar Amo Av.rag £See b?ec e4ec 6Z'e ?£•e �AnnualMay-Oct�ov,Apr ii' 64.t �:• 111111111111111 Ln Fob Mer Apr May Jun Jul Aug Sop Oct Nov Dec TSRF averages of 11 skylines in this session:78% RECEIVED MAY 172017 # 3943 CITY OF ORONO Sky01 —4/27/2017 17:10 —(no skyline note) Panel Orientation:Tilt=35°-Azimuth=180`-Skyline Heading=1790 Solar Access:Annual 76%-Summer(May-Oct):75%-Winter(Nov-Apr):77% TSRF:75%-TOF:99% •`may Milli NotiiRograrlaw171 -- t 0:.. \ ITe00 r. 00 14:011 '. *Aar Access ;.M,. It . Annual: 76% i * . 7 May-Od: 75% Data by Soimetnc SunEye^'--vorrvo.solmetnc.com _.--- Monthly saw soots:(Fond:7dto35•:*Plantar) 1111111111111 San Fib Mar Apr May )un 3u1 Aug Sp Oct Moo Doc Data by Solmetric SunEye --rvavr.soimetnc corn RECEIVED rt'.. 1 7 ?017 1 3 9 4 3 CITY OF ORONO Sky02 —4/27/2017 17:12 —(no skyline note) Panel Orientation:Tilt=35°—Azimuth=180°—Skyline Heading=180° Solar Access:Annual:76%—Summer(May-Oct):79%—Winter(Nov-Apr):71% TSRF:76%—TOF:99% apiimeIlk 10 0111111111110,- . 1111111111,. 17:00 II' ,.:x� • f ` ASSIPM Noy Oct 794 I1 V ,i Data by Solmetric SunEye'"--www.solmetric.com Mantitiy solar ate:(Feed;T*Q.35a,Aa1nrIM°) f'c F3°e 74Ka 75°0 736.ililIlIlbi fi'c ';°i 73°e F3cc San Fib Mar Aa May Jun 3u1 Aug Sap Od Noy Dec Data by Solmetnc SunEye"--ti•."J.v.solmet ic.corn REC L ED MAY 1 7 ?017 r 9 CtlY OF ORONO • Sky03 —4/27!2017 17:13 —(no skyline note) Panel Orientation:Tilt=35°—Azimuth=180°—Skyline Heading=183° Solar Access:Annual.94%—Summer(May-Oct):96%—Winter(Nov-Apr):91% TSRF:94%—TOF:99% aL` �.11 • 1406 16 JNncal 94% wr oa: 96% 41 # °Data by Solmetnc SunEye"'--www.solmetric.com No aMly molar aces:(Axed:T1lb35°:At.#.1SO.) i'iiiiIiiiIii Jan Feb Mar Apr May hof Jul Aug Sp Oct Mar Our Data by Solmetnc SunEye"'--v.vrr..solmetnc.com RECEIVED MAY 1 7 2011 3943 CITY OF ORONO Sky04—4/2712017 17:15 —(no skyline note) Panel Orientation:Tilt=35°-Azimuth=180°-Skyline Heading=180° Solar Access:Annual:92%-Summer(May-Oct):89%-Winter(Nov-Apr):97% TSRF:92%-TOF:99% r. 1\\ :,.., 4, .,:4.aire`>----iiir— Aiwa 111111111 i ..,...- a:,01111110011=11411 -------- ! j 4 : ,,r s ,° t.. 1 N.rod` ti% ik • 1— l i 11 Data by Solmetric SunEye`"--www.solmetric.com Moedhy solar accost(Freed;flA.35.1 Asn.tlO°) `-'E.` %`b 9f', 55'e 97°e %°, sp. 159°6 IlIblillIll San Feb Mr Apr May un Jul Aug Sep Oct Nov O.c Data by Solmetric SunEye"'--vvow.solmetric.com RECEIVED MAY 172017 3 i 3 CITY OF ORONO Sky05—4/27/2017 17:16 —(no skyline note) Panel Orientation:Tilt=35°—Azimuth=180°—Skyline Heading=177° Solar Access:Annual 87%—Summer(May-Oct):89%—Winter(Nov-Apr):85% TSRF:87%—TOF:99% 1., " :M. 111.11111. --' IONESr 171 1111111111,40 -, . 7.Y 10-o.) i I i ti -'#, - "vow& II7% ,;k4' \_ • 1 ..:., r' by 1 I , , R+ ia.ilpr: as% k 1 t"• Data by Solmetnc SunEye"'--www.solmetnc.com Mone.ty sob,aacse:(Faced:71111-755:A +sao°) sc== ys== s=== illIlillin tv„ III Illiill 7' )an Feb — Apr Nsy )un 7.I Aoa Sep Oct Nov Dec Data by Solmetnc SunEye"'--y:wv.solmetnc.com RECE VED MAY 'i 7 2017 39 '43943 CITY OF ORONO Sky06—4/27/2017 17:17 —(no skyline note) Panel Orientation:Tilt=35°—Azimuth=180°—Skyline Heading=179° Solar Access:Annual:65%—Summer(May-Oct):71%—Winter(Nov-Apr):58% TSRF:65%—TOF:99% iitaritirsirt 011111.1111111416 "10100111111111rilifilt • d: • s. 12:D0 41, • 4 • a , v S „' weroa »ti µt Nov-Ayr: SS% . Data by Solmetric SunEye'"--www.solmetnc.com .solmetnc.com Monthly solar aces:Maids TIk.,35S.Ark 1111.) ilIIIIihi ISIVII64111 Iry We I No Fab Nor Apr Mar lun 3u1 Aug Sap Oct Nov Dec Data by Solmetric SunEye^'•-vw .solmetric.com RECEIVED hAY 1 7 2017 3943 CITY OF ORONO Sky07—4/27/2017 17:20—(no skyline note) Panel Orientation:Titt=35°—Aamuth=180°—Skyline Headings180° Solar Access:Annual:67%—Summer(May-Oct):71%—Winter(Nov-Apr):61% TSRF:66%—TOF:99% . iiirigi ti r i :4 N. r _.. °lar Anted: w% tE. i wrOd: n% Ma-MO, b1S Data by Solmetnc SunEye"- a.•wv solmetnc.com Montes solar access:trod:Tial°t As.er.1e09 3f'e 1111111 4. ,, Jen Feb Mar Apr May Jun Jul Aup Sap Oct Nov Dec Data by SolmetrS.iEye' --%,,;;.:sc,-,etr:c.con- RECEIVED MAY 1 7 2017 # 3943 CITY OF ORONO • Sky08—4/27/2017 17:23 —(no skyline note) Panel Orientation:Tilt=35°—Azimuth=180°—Skyline Heading=181" Solar Access:Annual:78%—Summer(May-Oct):83%—Winter(Nov-Apr):71% TSRF:77%—TOF:99% - 1111111.111 0111111111. 001111111 111111111IFIlle 41* 'r. /leeid: 7B% l w.yart s3% 24t nleif PeNApr: 71% Data by Solmetnc SunEye'"--www.solmetnc.com — _--- --- Monthly solar ammo(rued:Tilt 35ai Acker IMP) --- 65.e 66•e We V,. liii iii Jan Fab Mar Apr May Zion Jul Aug Sep Oct No. Dec Data by Solmetnc SunEye"--wvo,.sclmetriccom RECEWEEDD PLAY 1 ( ?_017 id, 3 9 £ 3 CITY OF OROi�O Sky09 —4/27/2017 17:29 —(no skyline note) Panel Orientation:Titt=35°-Azimuth=180°-Skyline Heading=180° Solar Access:Annual 79%-Summer(May-Oct):83%-Winter(Nov-Apr):75% TSRF:79%-TOF:99% No o 0 Ile' .: N.' , 4_ , t .:ou _._„.. ,.. 1. ' 5kiiilil 4 1w x: .3+1 ., . Nw�Apr: 79% s Data by Solmetric SunEye"'•-••,,vm.solmetric.com Monthly solar aces:(road;Tik.3Sat Anat.11109 III„.„, 111111 7E°aIII tan Fab Mar Apr May Sun 3u1 Aug Sap Oct Noy Dec Data by Solmetric SunEye"••wv4v..solmetric.com RECEI @i ED MAY 1 7 2017 CITY OF ORONO # 3943 Sky10 —4/27/2017 17:31 —(no skyline note) Panel Orientation:Tilt=35°—Azimuth=180°—Skyline Heading=180° Solar Access:Annual:76%—Summer(May-Oct):85%—Winter(Nov-Apr):64% TSRF:75%—TOF:99% F -i .U: p 'Y; Jd�+xl k. /s• May-Oct: BS% 4X NAa- I �nh D • ata by Solmetric SunEye""--www.solmetnc.com Monthly solar acorn(Farris 71lto3S°s A4..ptag°) ifae 91.. Est, ,.Ear 11111 ESas 39.. Mos )sn Fob Mar Apr May Jun Jul Aug Pop Oct Dior Osc Data by Solmetric SunEye" ww.solmetric.com RECEIVED MAY 172017 CITY OF ORONO # 3943 Sky11 —4/27/2017 17:35 —(no skyline note) Panel Orientation:Tilt=35°—Azimuth=180°—Skyline Heading=180° Solar Access:Annual:74%—Summer(May-Oct):92%—Winter(Nov-Apr):51% TSRF:74%—TOF:99% ,10/01: i 0 - Is4.. _____,._ 19:90ill t..i .2.00 t `J'" Alif ; i* �f - e ., . Arced 74% vt P y-Cc1 92% 'w,..„:4. NwApr: 51% J ,4 lq Data by Solmetnc SunEye"'--vrvrv,.soimetric.corn MontlJy eebr.¢a:(Food;T t..3s°i A,m.ieo°) iIIIIIIi. Dc° 3.n Feb Kw APr *ay 3. . 3u1 Aug Sep Oct Nor Dec Data by Solmetrac SunEye' --v,v,ve.soimetric.corr RECEIVED ED MAY 172017 it3943 CITY OF ORONO PC Exhibit E Hennepin Hennepin County Locate & Notify Map 17-3943 Provided By: Resident and Real Estate Services Date: 5/10/2017 32-1 :-23-21 32-118-23-12 32-118-23-11 7 litlitiiiiiiibe, ,‘ L 8- -24- • 8� 32-118-23-14 ` - i L AF x � r ' s 4;3 d •-23-1im4, ,V*Lq' � te _v +cz,,. fhyi r l _ ,3231 =9324 • • 32-118-23-31 32-118-23/ 32-118-23-41 32-118-23-31 32-118-23-42 32-118-23-41 Buffer Size: 350 feet 0 120 240 480 ft Ititltttl infocontact: Map Comments: 480 Stubbs Bay Road North Orono For more rmation MN 55356 RECEIVED Hennepin County GIS Office 300 6th Street South Minneapolis,MN 55487 MAY 1 7 7-017 gis.info@hennepin.us CITY OF ORONO # 3943 Hennepin Hennepin County Locate & Notify Receipt Provided By: Resident and Real Estate Services Print Date Wed May 10 15:00:48 2017 This is a receipt only with 'paid' stamp or cash register receipt attached TOTAL COST: $25.00 Company or Homeowner Name: - Contact Person: Kristen Sachwitz Subject Property Address: 480 Stubbs Bay Rd N, Comments: Buffer Distance: 350 feet Mail Label Count: 17 38 32-118-23 13 0001 38 32-118-23 13 0002 38 32-118-23 13 0003 38 32-118-23 13 0005 38 32-118-23 13 0006 38 32-118-23 13 0007 38 32-118-23 14 0002 38 32-118-23 21 0006 38 32-118-23 24 0003 38 32-118-23 24 0006 38 32-118-23 24 0010 38 32-118-23 24 0013 38 32-118-23 24 0014 38 32-118-23 31 0001 38 32-118-23 41 0002 38 32-118-23 42 0001 38 32-118-23 42 0006 RECEIVED MAY 1 7 2017 CITY OF ORONO # 39 43 tasy Peep Lapels i L �� Bend along line to ICY® 5960TH Us.e Avery®Template 5160® ) Feed Paper ummolo' expose Pop-up Edger" 38 32-118-23 13 0001 38 32-118-23 24 0010 MN DEPT OF TRANSPORTATION KEITH&MARY HOFFMAN DIRECTOR OF R!W OPERATIONS 3640 JACOBS MILL RD 395 JOHN IRELAND BLVD LONG LAKE MN 55356 STPAUL MN 55155 38 32-118-23 13 0002 38 32-118-23 24 0013 R C TAYLOR&S SKAY-TAYLOR KURT AND CAROL SCHMID 530 STUBBS BAY RD N 3625 JACOBS MILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 32-118-23 13 0003 38 32-118-23 24 0014 ANNE MAHDAL BARAN KEITH&MARY HOFFMAN 480 STUBBS BAY RD 3640 JACOBS MILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 32-118-23 13 0005 38 32-118-23 31 0001 STEVE L&HOLLY E STROBEL DEREK CESSOR-CULVER 430 STUBBS BAY RD N BRIDGET CESSOR-CULVER LONG LAKE MN 55356 385 STUBBS BAY RD N LONG LAKE MN 55356 38 32-118-23 13 0006 38 32-118-23 41 0002 LEE OLMSCHEID TAJ MELSON 440 STUBBS BAY RD N BILLIE PACE GRACZYK LONG LAKE MN 55356 3330 WATERTOWN RD LONG LAKE MN 55356 38 32-118-23 13 0007 38 32-118-23 42 0001 STUBBS HOMEOWNERS ASCN RICHARD N STUBBS CiO CUSTOM STRUCTURES LTD 400 STUBBS BAY RD N 15500 WAYZATA BLVD LONG LAKE MN 55356 WAYZATA MN 55391 38 32-118-23 14 0002 38 32-118-23 42 0006 LAKE WEST LLC CHRISTOPHER W BOLL IS 14525 HIGHWAY 7 4265 RACHEL A BOLLIS MINNEONKA MN 55345 350 STUBBS BAY RD N LONG LAKE MN 55356 38 32-118-23 21 0006 B N&SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 32-118-23 24 0003 JOHN J WILL TRUSTEE JOCELYN C WILL TRUSTEE 485 STUBBS BAY RD N LONG LAKE MN 55356 38 32.118-23240006 RECEIVED JOHN FORT JR/KRISTIN M FORT 585 STUBBS BAY RD N LONG LAKE MN 55356 MAY 1 7 2017 # 3943 TY OF OR0N0 Etiquettes faciles a peler E , Replies a la hachure afin de, www.avery.com Utilises le gabarit AVERY®5160® Sens de Mc A charoement reveler le rebord Pop-up J 1-800-Gd-AVERY • RUN DATE:05/10/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:I 38 32.118-23 13 0001 38 32.118-23 24 0010 STATE OF MN K M HOFFMAN&M B HOFFMAN 3507 WAYZATA BLVD W 3640 JACOBS MILL RD ORONO MN 55356 ORONO MN 55356 MN DEPT OF TRANSPORTATION KEITH&MARY HOFFMAN DIRECTOR OF R/W OPERATIONS 3640 JACOBS MILL RD 395 JOHN IRELAND BLVD LONG LAKE MN 55356 STPAI.'L MN 55155 38 32-118-23 13 0002 38 32.118-23 24 0013 R C TAYLOR&S SKAY-TAYLOR KURT C SCHMID/CAROL M SCHMID 530 STUBBS BAY RD N 3625 JACOBS MILL RD ORONO MN 55356 ORONO MN 55356 R C TAYLOR&S SKAY-TAYLOR KURT AND CAROL SCHMID 530 STUBBS BAY RD N 3625 JACOBS MILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 32.118-23 13 0003 38 32-118.23 24 0014 ANNE MAIIDAL BARAN TRUST K M HOFFMAN&M B HOFFMAN 480 STUBBS BAY RD N 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 ANNE MAHDAL BARAN KEITH&MARY HOFFMAN 480 STUBBS BAY RD 3640 JACOBS MILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 32-118-23 13 0005 38 32-118-23 31 0001 STEVE STROBEL/HOLLY STROBEL DEREK CESSOR-CULVER ET AL 430 STUBBS BAY RD N 385 STUBBS BAY RD N ORONO MN 55356 ORONO MN 55356 STEVE L&HOLLY F STROBEL DEREK CESSOR-CULVER 430 STUBBS BAY RD N BRIDGET CESSOR-CULVER LONG LAKE MN 55356 385 STUBBS BAY RD N LONG LAKE MN 55356 38 32-118-23 13 0006 38 32-118-23 41 0002 I EE OLMSCIIEID TAJ MELSON&B PACE GRACZYK 440 STUBBS BAY RD N 3330 WATERTOWN RD ORONO MN 55356 ORONO MN 55356 LEE OLMSCHEID TAJ MELSON 440 STUBBS BAY RD N BIL.LIE PACE GRACZYK LONG LAKE MN 55356 3330 WATERTOWN RD LONG LAKE MN 55356 38 32-118-23 13 0007 38 32-118-23 42 0001 STUBBS ADDN HOMEOWNERS ASCN RICHARD N STUBBS TRUSTEE 38 ADDRESS UNASSIGNED 400 STUBBS BAY RD N ORONO MN 00000 ORONO MN 55356 STUBBS HOMEOWNERS ASCN RICHARD N STUBBS CO CUSTOM STRUCTURES LTD 400 STUBBS BAY RD N 15500 WAYZATA BLVD LONG LAKE MN 55356 WAYZATA MN 55391 38 32-118-23 14 0002 38 32-118-23 42 0006 LAKFWEST LLC C W BOLLIS&R A BOLLIS 3245 WAYZATA BLVD W 350 STUBBS BAY RD N ORONO MN 55356 ORONO MN 55356 t.AKFWEST ILC CHRISTOPHER W BOLUS 14525 HIGHWAY 7 x265 RACHEL A BOLUS MINNEONKA MN 55345 350 STUBBS BAY RD N LONG LAKE MN 55356 38 32-118.23 21 0006 BURLINGTON NORTHERN KY 38 ADDRESS UNASSIGNED ORONO MN 00000 B N&SANTA FE RR CO PROPERTY TAX DEPT PO BOX 961089 FORT WORTH TX 76161 38 32-118-23 24 0003 J 1 WILL&J C WILL TRUSTEES 485 STUBBS BAY RD N ORONO MN 55356 JOHN J WILL TRUSTEE JOCELYN C WILL TRUSTEE 485 STUBBS BAY RD N LONG LAKE MN 55356 38 32-118-23 24 0006 JOHN FORTJR'KRISTIN M FORT RECEIVE® 585 STUBBS BAY RD N ORONO MN 55356 JOHN FORT JR/KRISTIN M FORT 585 STUBBS BA}'RD N MAY 1 7 2017 LONG LAKE MN 55356 # 3 9 4 3 CITY OF ORONO Hennepin County has developed electronic forms of certain property information databases Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED MAY 1 l 2017 LK ri 7 9 4 3 CITY OF ORONO 4 ti Item 5 Date Application Received: May 17,2017 �O!VO Date Application Considered as Complete:May 17,2017 60-Day Review Period Expires: July 17,2017 ''AS- To: To: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator 'xESHO0 From: Jeremy Barnhart, Community Development Director Date: June 19, 2017 Subject: #17-3944, Westwood Professional Services o/b/o Ugorets 8098, LLC,2520 Shadywood Road, Rezoning and Master Plan Application Summary: The applicant is requesting zone change and master concept plan approval to permit construction of a 40 unit condominium building on 3.11 acres to the south of the Freshwater Business Center. The condominium building as proposed is 4 stories with a defined height of 48'8"*. Site improvements include underground and surface parking. The project is proposed to be a Residential Planned Unit Development(RPUD). Staff Recommendation: Staff recommends the application be tabled pending resolution of the items outlined in staff comment letter dated May 25th, 2017 (Exhibit E), this staff report, and additional comments provided by the Planning Commission. *Defined height may be adjusted based on grading plans Background The property is currently zoned B-4 Office Professional, but is guided in the Comprehensive Plan for mixed use with a prescribed density of 6-15 units per acre. The Comprehensive Plan suggests mixed use to include senior assisted living,townhomes, condominiums,or apartment buildings. The use is consistent with the Comprehensive Plan. The density of 40 units on 2.56 net acres is 15.63 units per acre,just above the upper threshold of the Comprehensive Plan guidance for the area. The proposal also suggests modifying a portion of the shared property line between the proposed condominium lot and the lot housing the Freshwater Business Center. A boundary line adjustment is a minor administrative action. The lot boundary though does impact lot size which impacts setbacks, structural coverage, and density calculations. The applicant proposes rezoning to a RPUD. The purpose of the RPUD zone is to provide a district which will allow for the implementation of certain housing goals established in the comprehensive plan. It is intended to encourage the following: (1) Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; (2) Provision of housing to meet lifecycle, and affordable and moderate cost housing needs; (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; FILE#17-3944 June 19,2017 Page 2 of 5 (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; (5) High quality of design and design compatible with surrounding land uses, including both existing and planned; (6)Sensitive development in transitional areas located between different land uses and along significant corridors within the city; and (7) Development which is consistent with the comprehensive plan. RPUD has its own specific standards,attached as Exhibit F. Staff reviewed the project based on those standards and comments were provided in a letter dated May 25, 2017,attached as Exhibit E. To date, no reply has been received. Staff recommends delaying action on the rezoning and preliminary master plan until these comments have been addressed. Based on initial review,the RPUD standards and necessary waivers are summarized: RPUD District Minimum Proposed Flexibility SFR Standard Lot Standards Required? Minimum project size: 5 acres 2.63 acres Yes Minimum lot size: 15,000 square feet 2.63 acres No Minimum distance from OHW 250' +1000 feet No Minimum front building setback: 50 feet 35 feet Yes Density: Developments with Proposed on B-4 No proposed density in excess of the densities contemplated by the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use. Minimum side yard setback: 35 feet 37 feet No Minimum rear yard setback: Lesser of 40' or Lesser of 40' or No 20% of lot depth(30 feet) 20% of lot depth Maximum FAR: 1.0 unknown TBD Wetland building setback: 85 feet 75 feet,to be verified Yes Private Recreational Area: 10% of gross project area 0%proposed Yes Building height: Maximum of 30 feet Between 36 and 48'8",to Yes be verified Building Roof Flat roofs prohibited Flat roof Yes Hardcover 50% 36.1% No The following items are important individual issues of note: Access. Access to the site is proposed off of a new shared drive with the Freshwater Business Center. This driveway will line up with the driveway serving the church across Shadywood Road. The County supports the offset;the turning movements do not conflict. 4 — ----- FILE#17-3944 June 19,2017 Page 3 of 5 Traffic. The applicant has prepared a traffic analysis, attached as Exhibit D. It suggests the development will generate 232 trips per weekday, 18 trips in the morning peak hour, and 21 trips in the evening peak hour. The analysis also suggests a similar number of trips each weekend day(226/Saturday, 194/Sunday). These additional trips will increase traffic about 3%. City engineering staff have reviewed the traffic analysis and noting that that the assumptions are valid, have no reason to question the findings. Engineering notes bullet point 3 assumes an AADT of 7950 vehicles/day where the Hennepin County 2016 Traffic Flow Map depicts at AADT of 11900 vehicles/day. It should also be noted that from a use standpoint the proposed residential use will have a lower impact compared to other possible uses such as retail. The Commission should note that the development of any vacant lot will increase traffic. For this specific area, much of the traffic is generated by communities west and south of Navarre (Shorewood,Tonka Bay, Excelsior, Mound, Spring Park) as County Rd 15/19 is one of the few corridors connecting these communities with Metro area jobs and services. The Commission should be cautious in basing a land use decision solely on traffic caused by outside sources limits the use of the land to passive uses. Parking. The proposal provides 84 parking spaces, a ratio of 2.1 spaces per unit. 51 of those spaces are under the building, and 33 surface spaces are proposed. The parking requirements are met. Building. The building is intended as a 40 condominium building. This is a change from the sketch plan and public meetings,where the applicant heard condominiums were more desirable. The applicant has stated that condominium buildings require higher ceilings, ultimately increasing the height. The defined height of the building is 48' 8",though the southern third of the building, closest to Shadywood Road, will be 36 feet in height as this portion does not include the penthouse. The height of the building was a point of conversation for the Planning Commission, City Council, and during the neighborhood meeting.The Council advised 30 feet was an acceptable limit. The applicant has provided information as to other projects in Orono higher than 3 stories, including Orono Woods (4 stories in the front, 3 visible in the rear) and the Stonebay Condominiums (3 stories visible in front, 3 plus a garage level in the rear.) The applicant should be asked for additional testimony to support the increase in height. The building is proposed to be 35 feet back from the Shadywood Road right of way line and about 35 feet from the new side lot line to the north,though this has not been verified with an updated survey/site plan. Setbacks are summarized in the table on page 3, 50 feet fro the front yard and 35 from the side yard. The building will need to be 85 feet(75' MCWD buffer and 10' city setback)from the wetland. Each unit will have a balcony. The building as shown includes brick, steel,and glass with stucco accents. Care will need to be taken to ensure mechanical units are shielded from public view. Wetland The adjacent wetland is a "Preserve" classified wetland, requiring a 75'wetland buffer, plus a 10 FILE#17-3944 June 19,2017 Page 4 of 5 foot city setback. The project does not propose an impact to the wetland buffer area,though clarification of the wetland setback on the site plan will be needed. Grading. The grading plan has not been reviewed. Stormwater will need to be retained and treated as required by applicable stormwater regulation. Conceptual ponds are pictured, though sizes and drainage sheds have not been verified. Utilities. The project will be served by municipal water and sanitary sewer. Conservation Design. A Conservation Design plan will need to be completed as required by city ordinance. This has not yet been completed. Hardcover/structural coverage. By virtue of RPUD zoning,the property is Tier 4; 50% hardcover is permitted. The proposal includes 48,988 sq ft(36.1%)of hard cover. A rough calculation of the structural converge shows 16,720 sq ft of structural coverage,or 12%of the lot area. Though there is no structural coverage maximum as the property is over 2 acres, 12%of structural coverage is well below the 20%afforded other residential lots. Fees. Preliminary review of the fees are summarized: Park dedication $130,000 Stormwater trunk $ 22,328 (estimated) Sanitary trunk $204,000 Sanitary SAC $99,400 Water connection $169,600 Total fees $625,328 Public Comment The applicant has hosted a neighborhood meeting earlier this spring. This neighborhood meeting generated a number of comments,provided in Exhibit C-B3. In addition, neighborhood residents have provided additional comments, Exhibit G. Also, an online petition has been distributed, attached as Exhibit H. Staff has not verified the residency of the petitioners. Issues for Consideration 1. What issues should be addressed in a revised application? 2. Does the Commission find the use of RPUD zoning appropriate for this project? List of Exhibits Exhibit A Application Exhibit B Narrative Exhibit C Applicant's Exhibits Appendix List Al. PROPOSED SITE PLAN A2. BUILDING RENDERINGS A3. BUILDING DIMENSIONS A4. BUILDING SECTION Bl. NEIGHBORHOOD MEETING SUMMARY B2. NEIGHBOR LETTER B3. NEIGHBORHOOD MEETING COMMENT CARDS FILE# 17-3944 June 19,2017 Page 5 of 5 B4. NEIGHBORHOOD MEETING INVITATION LIST C. CONTEXT MAP D. SHERMAN SECION-ELEVATION E. LUNDQUIST SECTION-ELEVATION F. CODUTE SECTION-ELEVATION G. PERSPECTIVE H1. ORONO WOODS FRONT ENTRANCE H2. ORONO WOODS REAR H3. ORONO WOODS GARAGE ENTRANCE H4. ORONO WOODS DISTANCES TO HOMES 11. STONE BAY CONDOS FRONT ENTRNACE 12. STONE BAY CONDOS GARAGE ENTRANCE 1 13. STONE BAY CONDOS GARAGE ENTRANCE 2 14. STONE BAY CONDOS WETLAND VIEW 15. STONE BAY CONDOS NEARBY RESIDENT 16. STONE BAY CONDOS DISTANCES TO HOMES Exhibit D Traffic Analysis Exhibit E Comment letter dated May 25, 2017 Exhibit F RPUD standards Exhibit G Resident Comment Exhibit H Online petition Qi- ��e PC Exhibit A 17-1944 City of Orono Amendment Application o Comprehensive Plan / ❑ Ordinance Text / x Zoning Change (check one) Street Address: Application# /1 - 3 9(i-q 2750 Kelley Parkway (:,(((„,41-:"-§1...,0,Ai Orono,MN 55356 Date Received: 5- i 7 —!, Main: 95 -249 4600 Staff �.J— —7 fax: 952-249-4616 Fee: $700 Pld /1 1toO7 y Marling Address: 1� +� 1 P.O.Box 66 Escrow: $700 ,( c I t en G Crystal Bay,MN 55323-0066 Notes �""' kEsH09- 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: 26LGr AL -er w M N 55531 APPLICANT INFORMATION: 0 check here if Ap icant address should be used for billing Applicant: Westwood Professional Services Phone (Primary): (952)937-5150 Mailing Address: 7699 Anagram Drive _ City: Eden Prairie ZIP: 55344 Email: torn.goodrum@westwoodps.com PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant IM check here if Property Owner address should be used for billing Name: UGORETS 8098 LLC Phone (Primary): (612)363-3321 Mailing Address: 410 11th Ave South City: Hopkins ZIP: 55343 Email: alex@midlandglass.com APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents, Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributed via email Applicant Signature: Date: 5/17/17 Applicant Signature: Date: / Property Owner Signature: 1 14 _, Date: / 7 Property Owner Signature: Date: RECEIVED Amendment Application-January 2017 MAY 17 2017 Page 4 it 3 9 4 4 CITY OF ORONO ."i"°1\11 City City of Orono Pre-Application Meeting Form G t�kEsxo\t"' (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: ( .'-?_1,;,':.-•::' y ° i■ir .;s ,t •i t.i ., .?: (♦ ; t� i rilr y. 'r } i� Y . , t ' , '.. r. . . ::'!:-.-'7.7 -", Mn p City Planner •' f' Meeting Date/Time ' -Vi.-,.`;'.'':•:41..;':'-:''''.r 6 : , 1 r i ...r"Ya •e• <. R'w',,APC Date. _ • Met with: ,. : : . _; .,. What Is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal,inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 2520 Shadywood Rd Orono,MN 55331 Property Identification Number(PIN): 20-117-23-11-0038 Zoning District: B-4(Office/Prof.) Size of Property: 2.63 AC(114,779 SF) LAND USE REQUESTS: ❑Appeal of 0 Commercial Site 0 Comprehensive Plan ❑ Easement/ROW Administrative Decision Plan Review Amendment Vacation, without subdivision ❑ PID 0 PUD- Residential 17 RPUD,without IS Ordinance Amendments 0 PUD-Commercial subdivision including Rezoning ❑ Other: CONDITIONAL USE PERMIT REQUESTS: ❑Amend Existing CUP 0 Commercial/Industrial Use 0 Duplex Credit(per bldg) ❑ Grading and filling- 0 Grading and filing- 0 Grading and filing-with 75 feet of OHWL j 501 cy or more Wetland and flood plain (includes seawalls and retaining walls) I ❑ Guest House/ 0 Institutional 0 Residential/ Guest Apartment Type: 0 Renewal of CUP Residential Accessory Use i Type: Applicant's Initials: I-6._ BILLS AND ESCROW: The land use application fee is for city staff time and overhead costs only. Property owner and/or Applicant shall pay for consultant expenses incurred in Property 6f1( review of this application and/or additional staff time not covered in initial application fee, as Owner's well as provide an escrow in the amount of$ to guarantee payment of the above. Initials: OTHER INFORMATION: *Please note: Your site plan application will NOT be accepted wit •ut a pre-application meeting during which this form will be completed by City staff. /` Applicant Signature: t c A/!�� Date: c Property Owner Signature: 10, rillgrr CEIVE Mi J Amendment Application-January 2017 MAY 17 21117 Page 3 # 3944 CITY OF ORONO t 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. Alexander Ugorets First Middle Last 410 11th Ave South Address Hopkins MN 55343 (612)363-3321 City State Zip Phone I and is nd my righ as tated above. ri 1.57 6 7 Signature RECEWED MAY 1 72017 Amendment Application-January2017 Page 9 # 3944 CITY OF ORON© PC Exhibit B 17-3944 PROJECT NARRATIVE FRESHWATER CONDOMIUMS REZONING FROM B-4 TO RPUD We are excited to take the next step in our proposal for a high-end market rate condominium adjacent to the newly remodeled Freshwater Office Building. After listening to the feedback we received on our concept plans from the Planning Commission, City Council and the Neighborhood meeting we incorporated changes that we heard as being desirable for the project. • Condominiums rather than Apartments • Reduce Density • High--End Market Rates • High--End Quality • Reduce Traffic Impact We are proposing to develop a 40 unit high-end condominium building (See Exhibit Al).This removes 10 units from our original concept plan, thus reducing the density and traffic. Traffic will be further reduced as our expected homeowner will be a retired higher-income resident who will likely have a seasonal home and who typically do not contribute to the higher AM and PM peak traffic flows. Due to the reduced units we are also able to reduce the number of required parking stalls from 100 to 80 (84 provided). It is our intent to keep the 51 underground stalls and remove the 16 surface stalls along County Road 19.This will provide us with 84 stalls, four over the city standards. We will replace the 16 stalls with additional berming and landscape. The reduction of surface stalls will also reduce the hardcover and ponding. The additional four stalls could also be removed if the city desires more green space over parking. To accommodate this type of housing and keep a financially viable project we were able to use the same code-complying building footprint but adjusted the floor plates to accommodate larger more expensive residential condominium units. However, to meet the higher-end market demands the rooms will need 9-foot ceilings, which increases the proposed building height from our concept plan from 31 feet to 36 feet in front and 54 feet to 58 feet, 8 inches in back (See Exhibits A2-A3). Although height was noted at all three forums it did not appear to be of great concern to the residents attending the neighborhood meeting. We had invited 59 neighboring property owners to the meeting and 25-30 attended. Out of the attendees we received 12 comment cards which only five noted a concern about height. Condominium preference and traffic were the two highest listed concerns. (See Exhibits Bl-B4). 4 At the neighborhood meeting we demonstrated, through drone aerial photography, how the height of the building will be screened by existing trees from the few neighbors beyond the wetland in back of the building.The photography showed that the existing trees are taller than the proposed building thus blocking views. We also proposed to add evergreen trees to provide a more year round screening. (See Exhibits C-G) Comparable Height Waivers We have seen similar height waivers relating to the Orono Woods Senior Living and Stone Bay Condominiums. Both developments are similar to ours as they utilized the existing topography to minimize grading impacts and created varied heights. Orono Woods (See Exhibits H1-H4) has three stories at the main entrance of the building and then drops down to two stories on the east as the topography rises. An exposed underground garage element was also created as part of the project. The front of the building also includes a taller architecture element and pitched gables. Our review of the City's architectural plans found that the front of the building consists of several elevations. At the garage door location, the top of the roofline is 36 feet. The top of the roofline at the front entrance is 48 feet, with an additional 10 feet to the top of the tower for a total height of 58 feet. Stone Bay Condominiums (Exhibits 11-16) are more closely related to Freshwater as the front is three stories and then drops toward the back. The side of the building has three stories with an exposed underground garage element along the base. Stone Bay also abuts up against a wetland with views from neighboring residential properties. We did not find any architectural drawings at the City for Stone Bay but with a 3-story front with a pitched roof and a 3-story plus exposed garage on the side, it appears that Stone Bay is even a taller building than Orono Woods. The proposed Freshwater building will have a front of building height of 36 feet and a rear of building height of 58 feet, 8 inches along the penthouse.The penthouse portion of the building • will be stepped back from the front building line and located in the northeast corner of the building.The penthouse roofline will be in line with the height of the Freshwater office building with a height of 54 feet. By using a flat roof design we matched the roofline of the office building and minimized the height associated with a pitch roof. Neighboring Resident Visibility Not only are the buildings taller at Orono Woods and Stone Bay but the neighboring residents are closer than our proposed Freshwater building. At Freshwater, our closest neighbor is 383 feet with the other residents at the respective distances of 706 and 557 feet. The homes behind Orono Woods are 175, 182 and 263 feet (see Exhibit H4).The closest home at Stone Bay is 122 feet with minimal screening by trees. (See Exhibit 16). By preserving existing trees and adding evergreen trees the visual impact to neighboring residents will be minimal and comparable to other neighborhoods adjacent to business and multi-family zoning districts. Traffic Westwood's traffic engineer reviewed the impacts of a 40-unit condominium building to the existing traffic volumes and the proposed County Road 19 improvement plans (See Exhibit J). In review of the Institute of Transportation Engineers Trip Generation Manual, Ninth Edition a 40- unit building will add 232 vehicle trips per day (116 entering and 116 exiting trips) and could increase the traffic volume by 3%.This increase is well below traffic volume standards for this classification of road (A-Minor Expander) which is designed for a traffic volume of 10,000- 15,000 vehicles/day. The AM peak volume for the proposed building is estimated at 18 trips (3 trips entering and 15 trips exiting) while the PM peak would be 21 trips (14 trips entering and 7 trips exiting). However, as noted above, our expected resident will be a retired empty nester with a second residence that will typically not be driving during AM or PM peak hours. The proposed County Road 19 improvement project will relieve traffic back-up in this area. The proposed plan will reconstruct County Highway 19 (Shadywood Road) to a three lane section (one lane in each direction with a center two-way left turn lane). This alignment would increase safety and mobility along Shadywood by allowing left turning traffic to enter the center lane while allowing through traffic to proceed on by.Thus, with the proposed improvements the added vehicles from our site will not adversely impact traffic volumes in the area. Neighborhood Compatibility The Freshwater Condominiums are designed both architecturally and physically to be compatible with the surrounding area. We are seeing a revitalization in the Navarre area with several buildings being remodeled and updated.The fresher look and image from these buildings reflect a more contemporary design of flat roofs and modern architectural elements. We are complimenting this look with our Freshwater Office Building and proposed condominiums.The Freshwater Condominiums and Office building will provide a nice transition along the County Road 19 corridor from residential neighborhoods to the city guided commercial and higher density district. Entering Navarre from the south the Freshwater Condominiums will be set back away from County Road 19 nestled into the trees then gradually stepping closer to the corridor in conjunction with the Freshwater Office building.The flat roofline will add to this transition as it minimizes the jaggered roofline and view shed of pitched roofs. (See Exhibit G) We believe that our proposed design is best suited for the site and neighborhood. The condominiums are strategically placed into the existing grade rather than altering the site with extensive grading. The height in the back side of the building is created solely because the site slopes away from County Road 19. By using the existing grade we are best able to preserve the existing topography and vegetation that would otherwise be removed. Rezoning The proposed rezoning from B-4 to RPUD is in conformance with the City's comprehensive plan which anticipates development of this site to include a mix of uses, including condominiums and apartments. The overall gross density we are proposing is 12.66 units per acre and the overall net density is 15.63 units per acre. We understand that an RPUD may have some flexibility to zoning standards which can be incorporated into the new zoning district. In preparing our site plan we worked hard to incorporate existing zoning standards and aimed to avoid requesting numerous deviations from the code ordinance.The only deviation we are requesting is to the city's height standard. In support of our request, we hope that we have demonstrated the minimal impact of the building height by strategic planning of the building footprint location, using existing grades,tree preservation, additional screening, architectural design elements that match surrounding buildings and minimal views. The addition of the Freshwater Condominiums will provide a housing option to the Navarre area that doesn't currently exist for Orono. It is exciting to see the revitalization of the Navarre business district and we are glad to be a part of that growth with the updates to the Freshwater Office building. It is during the improvement project that we heard from aging local residents who are looking for housing other than single-family homes to move into.They want to stay in the Navarre area and to enjoy the shops and restaurants with their friends.The business owners will also benefit by having a larger customer base, especially one with local ties and disposable income. We hope that the City Council can support our plan as one that meets the City's comprehensive plan and vision for the area with desired needs of residents and businesses. We look forward to be part of this community and welcome your comments of our plans and rezoning request. PC Exhibit C 17-3944 APPENDIX LIST Al. PROPOSED SITE PLAN A2. BUILDING RENDERINGS A3. BUILDING DIMENSIONS A4. BUILDING SECTION B1. NEIGHBORHOOD MEETING SUMMARY B2. NEIGHBOR LETTER B3. NEIGHBORHOOD MEETING COMMENT CARDS B4. NEIGHBORHOOD MEETING INVITATION LIST C. CONTEXT MAP D. SHERMAN SECION-ELEVATION E. LUNDQUIST SECTION-ELEVATION F. CODUTE SECTION-ELEVATION G. PERSPECTIVE H1. ORONO WOODS FRONT ENTRANCE H2. ORONO WOODS REAR H3. ORONO WOODS GARAGE ENTRANCE H4. ORONO WOODS DISTANCES TO HOMES 11. STONE BAY CONDOS FRONT ENTRNACE 12. STONE BAY CONDOS GARAGE ENTRANCE 1 13. STONE BAY CONDOS GARAGE ENTRANCE 2 14. STONE BAY CONDOS WETLAND VIEW 15. STONE BAY CONDOS NEARBY RESIDENT 16. STONE BAY CONDOS DISTANCES TO HOMES J. TRAFFIC REVIEW .� 4.: • Exhibit Al:Proposed Site'Ian 0s rrrr �r`t • ''V.:4:‘,.:' t Y`y �Y - ..':"\ y' j$141(C! .�,Jt y •� 3 Y fir, .' 1#1/H:'''' '''Y'.-1,..0..' :': . ‘„ ••••‘' . \ \.. i; ....rY. ' • • —4, c----- 0 ., 4 ..... .. .. ... , . „ _, , . . . . .. , , ..,., ,,, , ;„,„ .,,,„„, . >,, / / A z N N. J :3 �►o ti m � SG9�grFp _ p � � Z :. . 2 rk" ' } d \ tee .„-T,p�f F H \ t ". rr \ �S. .V4/6L-2 ...../ 1 ,,irlA,„-_,•-••••=-:::.:*,,:L.:..' .• a,,. O • yb . ..,.� .2 \ / ,•__,.- z to .r,. 1 *,: ufilt,...,., ...zokit.4: ".Lak; _Alt_ :,'ot::$4'..1..14, .' .. y 1 CONCEPT DATA k\ '{ ' // ` `"� -' 41 - Proposed Property Area 3.16 ac \ \ �,,,,,y�66:' ''" '�"'� " '" �' 1 ree, Existing Wetlands(rd,,,,,,,,,/, 0.60 ac jr \\ < �\ 4" f +^' Net Developable Area: 2,56 ac \ - ' e Proposed Units: 40 units {`�rT \ \ \\ \ �. w.s, ri r y..sf Overall Gross Density: 42.66 un/ac A V A A•; ti y -;Y - CO units/316 acres •' - i}. k1. _ ` \ *.," r Overs Net Density: _ 15,63 unix T \ <✓ 40 units/2.56 acres , . a .. AillailiiiiiiliV 2520 Shadywood RoadCD ,------ Minnesota 0 40' 80' Multi-Disciplined North Surveying&Engineerirg Project 6 0010413.00 05/12/2016 westwoodps.com i r,i,,:iii,:,,,, ,imir—ilmil-11 il''''''''''.41:.:'''';1''''''':'', ,::. . � � f, I [ a1 ■I ai ., a►! el a i a Lx Li ❑ ❑❑ ,r,A,.•‘.1^. ••••...,`:,;:',Iii,,-* ":::::::',..4,„7,..,:i„:',.1,-.....,:',,,,,:.1.,-:!"., - R. 1,t,,,-,,,,,..4?;,7 ;,- ':-.=,:',.,,:,;,,,.-•,c‘'.-';---., , ='� i Y $ O .. a Lo sru� Ill . ; ura�riw":,iW F- P. aam CO0) W a a •a °° a. 0 ab i . •.-. . w } i ,_ r i 0 ., , ....._ ....., , ,a �I '-::'.1-.:",1I-'7'..":,;• ■p‘I'''Ll'ig... ''''''......'''''I,'';''''' ; ` 9 , \L-\ • a : _ : _ k R rr 1.1 tl tr r W �` '' C 0 IT ■ din r w I, 1 ° a xa t' ¢ f ' : ^stn t i> 3 .^l a1 :, w w - a 3 ,, ..,.;, , '*,1111:—.4,,:',!*-‘,'::;1,1:*„.,2 :..,k_tc.1:--$1-''''''' 'k t ,..r...;- n �{ � s '__t36o" 58-8 1 ` ii � t ' : w t " n -. .-a.'. ._,.amu - .h E a• WEST PERSPECTIVE Exhibit A3: Building Dimensions Exhibit A4:Building Section MO,Floondb, PENTHOUSE GREEN ROOF REV Ise ow� li CONDOMINIUM CORRIDOR CONDOMINIUM DECKINN)FLOOR hh CONDOMINIUM CONDOMINIUM I ------------- CONDOMINIUM CONDOMINIUM GARAGE BUILDING SECTION 114' = 2520 Shadywood Road Westwood Orono, Minnesota Multi Disciplined Surveying&Engineering Project#0010413.00 05/16/2017 westwoodps.com Exhibit B1: Neighborhood Meeting Summary 7699 Anagram Drive Eden Prairie,MN 55344 Westwood Main (952)937-5150 Fax (952)937-5822 westwoodps.com (888)937-5150 Thursday April 13,2017 Jeremy Barnhart Community Development Director 2750 Kelley Parkway City of Orono,MN 55356 Re: Freshwater Condominiums Dear Jeremy: We held our neighborhood meeting on Wednesday April 12th from 7:30 to 8:30. Below is the breakdown of who we invited,attendance and their comments. We believe it was a very successful and productive meeting with very good dialogue between us and the neighbors.As expected the biggest concern was traffic followed by a preference of condos over apartments.The concern of density was a much smaller concern,with density largely related to traffic than the number of people.What was difficult to take from the meeting was the concern of height. As you can see we only received 5 comments regarding height. Per this meeting we believe that we can satisfy concerns by reducing the number of units and creating larger and more expensive condominium units to capture the needed costs.We wish to meet with you to discuss the meeting and next steps.Are you available next week either;Monday morning,Thursday morning,Friday morning or afternoon? Invites: 59 Attendance: 25-30 neighbors Council member: Richard Crosby II Comments Card received: 12 Areas of concern noted in comments Density: 3 Wetland impact: 3 Height: 5 Traffic: 9 Condo preference: 6 Safety on 19: 4 Multi-Disciplined Surveying&Engineering TBPLS Firm No.10074302 westwoodps.com Exhibit B2: Neighbor Letter March 14, 2017 Jeremy Barnhart Community Development Director City of Orono PO BOX 66 Crystal, MN 55323 Dear Jeremy: We just had a long talk and visit with Alex Ugorets. From what Alex showed us today, he assuaged our concerns for his apartment/condo project at Freshwater. We were impressed with the quality of the update of the Freshwater building. Regarding the proposed project, we definitely would prefer condos to apartments as owners obviously have a financial investment to protect. We fully understand Alex's logic/need for the new construction to be a three- story structure. Sincerely, John and Linda Freivalds Exhibit B3: Neighborhood Comment Cards 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME A ;I C)`iu,h: *CONTACT INFORMATION (*indicates optional) COMMENTS: 6) 2,ii ( /i v., (.,..// Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.eoodrum@westwoodps.com or by phone at 952.906.7425 2520 Shadywood Road — Freshwater Apartments C9MMENTS & FEEDBACK *NAME (_d� . . _ i�`,�L. �.-esu�•�c.z._.. --, *CONTACT INFORMATION7e/,'7e-i' ,..1-a•w. �' 7) r) e Gt.) (*indicates optional) COMMENTS: ', .�/k..q..L-`z�✓!i %!'� !, ; -.20, l'�%. .,%S 4,,,c p r,('/C..•C..'a //,,t ¢t..i�::, G-�z.; rL�: l_x ri f'' //�s v/v,— 41, 61A47 (1'1 T►'-A. ��.. r� �j, C, -�;u ftIA-44.1,, 16.:(2. /Tic() - roc) r Please leave your feedback in the comment box. Your feedback W.1be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrumpwestwoodps.com or by phone at 952.906.7425 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME _ -G'L.eA.� ,(./( _��+,ti-�.�.._- *CONTACT INFORMATI Z c.0.. 1.('kh, .�.,�.,---4U(::to q� , =-� ..(:CL,C.4).1-Iv L.e,-(' - )--1.C?.�t-+' .. t.,.: (*indicates optional) C4 COMMENTS: ._ -t_E.A...e._ i. ai`�,(T-,,._�..e .... .._.0.,...0._ i._-c,_, :. :._ ,e,,,u-f t\`c" ..e -� 2 \_._/LT)f-----01-12—' C-Tt-, (-4" -(1-:-1- 43-Ct-C12--- L-- I: .._‘...•„Le.--0-ilu•11.- 2, el. '-•,---a-ci,---Z, a/LA- e- / c / L---‹-,c-a,,..1/( 7\` �...-(--ki SC C,, Z..- �.....+`? ,A C' .�� ! •(_..-if-A-. • r LC `.� Cir-. 4-L.,1)---e--e.-P '47. ( ht) ., k-.1, ) t_.,{i`c...CA,L(9 r ,) , ,,1 - ...„,,..:.„..",,eitc.,‹. („(...,,,, Lo_.- .61.2,z2.,:t L__,L.,_e,,,,-,04 r k_k___et (.., A 0,, ___...6.-Nik.„ c cz. i Ci L---Ct-7(., (1-k-t-e.4\ \-:-A_Ly-VIL e j-4..1 • Q-,CS-7)--4 ,--2- (::1 Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrum@westwoodos.com or by phone at 952.906.7425 2520 Shadywood Road -- Freshwater Apartments r-, COMMENTS & FEEDBACK *NAME "X?A.CC 1( ��.AL L *CONTACT INFORMATION (*indicates optional) COMMENTS: S --6v\ r 1 — Q-Acvk_C u.i t-( 16e POlCO- V.\i)\W-\-a 5 -- `k U01)D(- "Co -I ESC (" eC ._ -C'W2EE... t kA-) \1/4) ` •,c:p (i,--- AD-0 ,INNoC. - - CA c (Ac (-AC,- Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrum@westwoodps,com or by phone at 952.906.7425 •) 2520 Shadyvvood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME r1 )t.) k If', yr, c R *CONTACT INFORMATIONLk. 3c?) - 1-(?) (-(,))(- ) ,F5T-7) (*indicates optional) L ! C 1-0 R( ()IAA PILL • el) 01 COMMENTS: .1..W e-.). k' f -rC) i0C) P e5--, A P-T-L'') i" R A-P 6 t: 1\10 L'.}-s, Ok NTiJI L. L. AL JE 14-VO o t:17:3 •-if5E-, A \<_ H 1-"c) u1/4..) kV. -r-R( -FETE- DE.k) "-TA) tij--r vvvv-1\) ) 1 Plea‘-sejlleavielloic feedtCsciC2ETol.reiieril box(1.-94ur bs-1art:e)dlliVi.tVojec("i1S-a‘ka)2inciruedTriThfact record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrum@westwoodps.com or by phone at 952.906.7425 H 1\)FT R.. c1—f)ó ITAZ uo.lr- Lt, E: 1 al 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME k .ar /' 1 / ? *CONTACT INFORMATION l F'' ,( .r 'ri- f% '; 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME bvld� ` ?Cull 1A.%k t(-the.ckc( *CONTACT INFORMATION ?bps)cic-onal1 & Tv\o,� _ l urvt (*indicates optional) COMMENTS: ([ J o_:) F'Y1 CL 'i (ik1 i S CCi TVv f"�Ls► [-A;y& 0.V e.� �, �. u� � j too {vA(.i,Ll c kik OVAC:S). Ott-6 jv\ C•��?l_�1:.C.� 'tb 0\4. CO(CCL. 1CyrA QUA vv‘pa 14'\ Ntffi .:� JZ C z6e1 i`i'(/C:h-re._, _ .5`' c-(. ' (fon- /'70 /..in a%)/71 A r;(/1 cl q(. 6-) 7bo N C:e 4)/) (C;VCr, (A-i/'u)y( /.Ui// fite id 7 / (, iiilc (or 'dc ,- x c.Ii a & cTc /' ANT- reY' f 0-1,150-1,15fease leave your feed.ack'ln he comment box. Yourfeedba 'will be share. with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrum@westwoodps.com or by phone at 952.906.7425 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME ca.\ CQ I- *CONTACT INFORMATION � �� - t`-.cx' (*indicates optional) { COMMENTS: c.� v� C � '�(_s .�� ,k\i1 CcsL"C.1,;c • �-�- S Ce. 7- \n\., LD‘Cc}"<K• C Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrum( westwoodps.com or by phone at 952.906.7425 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME 1r-v\ VN(..,v'' *CONTACT INFORMATION I-36"'AQ_. c 11 `« P' *1 " C`e � . (*indicates optional) COMMENTS: PA` _�rt� ..i,l # t 5 ill... {(..iC._. L. - \t v' t �' _1 r`_. Le-) j e-' VC?.. 4 1, i-)47(-1(1 I 1 *LC c OA 14,'<2_ VitzvLtk5 o y\ f q �ti,� `( -, 11 P �t� (�%t( ( 1-t 6.*d/ ( cit 1'6(4.., ._ It) Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrum@westwoodps.com or by phone at 952.906.7425 2520 Shadywood Road -- Freshwater Apartments COMMENTS & FEEDBACK 7 . *NAME ;i!r;�t'�.� f/...� :F1 `,>o *CONTACT INFORMATION rO'i,=§1'1 (*indicates optional) COMMENTS: Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrum@westwoodps,com or by phone at 952.906.7425 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME1-401(*( 6u r fee *CONTACT INFORMATION 16CJ..I lee - co =x' ma( cov1 (*indicates optional) ., .: r-Kilo S (. ue. c,�[=.� Jt...i,'t,�..G*• _:(.� / COMMENTS: �,Q1�..(.�.... .,�;�'_ -.- �. � ( ly-toc.)( C:-C'J del Cd? atc..( 4.7 k' k( 1. 411 -V q d, -1A C.;c_C (Hoc .'j-x e rr Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record, Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.goodrumPwestwoodps.com or by phone at 952.906.7425 2520 Shadywood Road — Freshwater Apartments COMMENTS & FEEDBACK *NAME -..J f f.- *CONTACT INFORMATION )) t, ; (*indicates optional) COMMENTS: MG,f( (',r- re'4 . f' . } Please leave your feedback in the comment box. Your feedback will be shared with project staff and included in the project record. Comments may also be directed to Tom Goodrum,Senior Planner by email at tom.poodrum@westwoodps,com or by phone at 957 906 7425 Exhibit B4: Neighborhood Meeting Invitation List Condo Neighborhood Meeting invite Old Beach Road Lydiard Avenue Francis& Denise Frangipane James T Wilson 2312 Old Beach Rd. 2565 Lydiard Ave. Wayzata, MN 55391 Excelsior, MN 55331 J.J. Baumer&T.E. Baumer Mary&John Langlas 2314 Old Beach Rd. 2585 Lydiard Ave. Wayzata, MN 55391 Excelsior, MN 55331 Eric C Walcher John R Lupke 2425 Old Beach Rd. 2595 Lydiard Circle Wayzata, MN 55391 Excelsior, MN 55331 Larry& Donna Lundquist Bonnie J Lervik 2455 Old Beach Rd. 2605 Lydiard Circle Wayzata, MN 55391 Excelsior, MN 55331 Kirk&Jacqueline Sherman Karen J O'Malley 2505 Old Beach Rd. 2615 Lydiard Circle Wayzata, MN 55391 Excelsior, MN 55331 Thomas&Alicia Codute Michael &Cynthia Tsypis 2535 Old Beach Rd. 2625 Lydiard Ave. Wayzata, MN 55391 Excelsior, MN 55331 John& Linda Freivalds James Berg 2585 Old Beach Rd. 2655 Lydiard Ave. Wayzata, MN 55391 Excelsior, MN 55331 James R Krey Michael Finken 2560 Old Beach Rd. 2684 Lydiard Ave. Wayzata, MN 55391 Excelsior, MN 55331 David Mathias Schneider Bruce J Bauer 2540 Old Beach Rd. 2660 Lydiard Ave. Wayzata, MN 55391 Excelsior, MN 55331 Milan & Melanie Schwendeman Joshua R Hadrava 2530 Old Beach Rd. 2636 Lydiard Ave. Wayzata, MN 55391 Excelsior, MN 55331 ,.J Kelly Ave Gregory T Quirk 5585 Harding La Alexander LJohnston Shorewood, MN 55331 2700 Kelly Ave. Excelsior, MN 55331 D &T Steinbach/Premium Property Group 215 Walker Ave.S. Charles Morin Wayzata, MN 55391 2699 Kelly Ave. Excelsior, MN 55331 Pheasand Rd. Garry& Patty Morris Todd Realty LLC 2697 Kelly Ave. 206 N. Chestnut Excelsior, MN 55331 Chaska, MN 55318 Mark& Polly Kieper James&Cheryl Johnson 2695 Kelly Ave. 2655 Pheasant Rd. Excelsior, MN 55331 Excelsior, MN 55331 Marilyn H McClaskey Council Members P.O. Box 6 Minnetonka Beach, MN 55361 Dennis Walsh P.O. Box 53 John&Sherry Volkmar Crystal Bay, MN 55323 2640 Kelly Ave. Excelsior, MN 55331 Richard Crosby II P.O. Box 66 Steven & Doree Wendling Crystal Bay, MN 55323 2650 Kelly Ave. Excelsior, MN 55331 Wendy Dankey P.O. Box 66 Andrew& Pamela Whitehead Crystal Bay, MN 55323 2620 Kelly Ave. Excelsior, MN 55331 Aaron H. Printup P.O. Box 104 John L Kozar Crystal Bay, MN 55323 2750 Kelly Ave Excelsior, MN 55331 Victoria Seals P.O. Box 66 Jessica A Atkinson Crystal Bay, MN 55323 2740 Kelly Ave. Excelsior, MN 55331 Planning Commission Catherine Hanson Meagher Denise Leskinen 2720 Kelly Ave. 1125 Willow Drive N. Excelsior, MN 55331 Long Lake, MN 55356 Peter& Rachel Pluimer Kevin Landgraver 2710 Kelly Ave. 2570 Thoroughbred Lane Excelsior, MN 55331 Long Lake, MN 55356 Hoopland LLC Bruce Lemke 17930 Tioga Trail 565 Old Crystal Bay Road Wayzata, MN 55391 Long Lake, MN 55356 Karen Marie Kaverman Chad Olson 2755 Kelly Ave. 116 Chevy Chase Drive Excelsior, MN 55331 Wayzata, MN 55391 Shadywood Road Loren Schoenzeit 4480 Forest Lake Landing Intl Ministerial Fellowship Mound, MN 55364 P.O. Box 100 Navarre, MN 55392 Jon Schwingler 1550 County Road 6 Casco Ventures LLC Long Lake, MN 55356 16192 State Hwy 7 Minnetonka, MN 55345 John Thiesse 3845 Bayside Road David J Delany Long Lake, MN 55356 P.O. Box 721 Long Lake, MN 55356 Janice Berg 2655 Lydiard Ave. Jeanne M Englund Excelsior, MN 55331 2117 Penn Ave.S Mpls, MN 55405 Christopher McGrann 2120 Fox St. Bridgewater Bank Long Lake, MN 55356 3800 American Blvd. W.#100 Bloomington, MN 55431 Jeremy Barnhardt Ashley E Samler 2585 Shadywood Rd. Excelsior, MN 55331 HHennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date:2/13/2017 41, I ', 1 i 0 wa- 2. 117-23-11 'r ' $ 0.117-it3- ,�, 7.23-22 - Ilill 0 1 20-117-23-14 - k v 214117-23-23 ~ X e 1� c` 20- 117-23-14 " ' '; V c Y .3 4 9 U T Buffer Size: 350 feet 0 120 240 480 ft Map Comments: i " ' 1 " ' i 2011723110038 UGORETS 8098 LLC For more Information contact: 2520 Shadywood Road Hennepin County 015 OfYtce Orono,MN 58331 30013th Street South Minneapolis,MN 55487 gls.infoQhennepin.ua CONTEXT MAP `.;,...: . .Rn+ e ,Y F ,•✓`�t.,♦,,y, y,!,-,',i,".:4;.-.41.;,'"t"`,,,(,".4:,,,'� " 7�' �, • ," ''t'1 `i �' ?YY!1� `«,' > it;St x wr, y �,• • .�..,, �-. �^� T r.:,-',ei b l ��{y� ''. \ ct et4k * rf • r 8 t le: 14,14 • ''iltillt i , .. r �► oie ��lh`�� • , ,,, fix, j„,......%:.,4, .� ✓ . �. i�r 'in • N. . ; • 4. /� / '�� - tY{' ' - - '4 'f�vr' . . 4774, T,�' g "Al `:'.d.: '11,.. !'f.- •�' j91 i . 11.4 • 1°' ..'"',.° - . 41,11 Skil'111; . 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Leak Add g'b Q m $ OD�, Q t > > n ,, t ','":, . , 7,40 ,s r { e � q4 I 1 'f �` vo Yjl • '" ' N �° g w .g 141' 5 .� ,4' s, 45 ;.,.--.316'' ••.,..A,. .,.. ,.‘ ,...% - F F. F r P 2 ,-:.1, are%-' i ::..,.;741*,1.1, 1.411:,,t f '' bek ::::*:*',.\\ ''7.-.1.:-:-.',”'''',:,'I'''''..:' , ' '''':...:1:-..\,,,, . --"::.:"" ,t....\,,,:', .: ', ... . '",2•1'..7'..-.'3','- , "r .....:, ' '''' 5q 1t, �, qt +• t � fig A Y s N. 41"4- w, _" t S1ONL BAY CONDOS SURROUNDING HOMES DISTANCES EXHIBIT 2520 Shadywood Road Westwood Multi-Disciplined Orono, Minnesota Surveying&Engineer'=.g Project q 0010413 00 05/12/2017 westwoodps.com 7699 Anagram Drive Eden Prairie,MN 55344 Westwood Main (952)937-5150 Fax (952)937-5822 westwoodps.com (888)937-5150 MEMORANDUM Date: May 17,2017 Re: 2520 Shadywood Rd.,Orono,MN—Access Considerations File R0010413.00 To: Tom Goodrum,Westwood From: Steve Manhart,P.E.PTOE,PTP Per your request, I have reviewed the access considerations for the proposed 40-unit apartment use at 2520 Shadywood Road in Orono. The following are some of my observations and reactions: • The posted speed limit on Shadywood Road south of Shoreline Drive (Co. Rd. 15) is 40 mph. • Shadywood Road is functionally classified as an "A-Minor Expander"roadway by the Metropolitan Council. • The 2015 MnDOT Metro Traffic Volume Map does not provide a specific Annual Average Daily Traffic (AADT) for this segment of Shadywood Road. Nevertheless, one may estimate the daily volume by averaging the given volumes to the north and south of this site. Therefore, one may assume the AADT for this segment of Shadywood Road is approximately 7,950 veh/day. • According Land Use Code 230 of the ITE Trip Generation Manual,Ninth Edition, the 40-unit condominiums will generate approximately 232 trips per weekday(116 entering and 116 exiting); 18 trips in the a.m. peak hour(3 entering and 15 exiting), and 21 trips in the p.m. peak hour(14 entering and 7 exiting). • According Land Use Code 230 of the ITE Trip Generation Manual,Ninth Edition, the 40-unit condominiums will generate approximately 226 trips per day on a Saturday(113 entering and 113 exiting), and approximately 194 trips per day on a Sunday(97 entering and 97 exiting). The Saturday peak hour will Multi-Disciplined Surveying&Engineering r6PLs Firm No.10074302 westwoodps.com May 17,2017 Page 2 generate 19 trips (10 entering and 9 exiting), while the Sunday peak hour will generate 18 trips (9 entering and 9 exiting). • The MnDOT Access Management Manual provides guidance on offset driveways and streets. According to the manual, "On undivided highways, high-volume(Type 3) driveways and public street connections on opposite sides of the a highway should be aligned with one another to the extent practicable, or they should be offset to minimize overlapping left turns and other maneuvers that could result in safety or operational problems."' o A Type 3 driveway is a driveway designed to provide access to a large development area encompassing multiple properties or structures served by a clearly-defined system of internal streets. o The access driveway proposed for this apartment use does not measure up to the scale of a Type 3 driveway. This would be a minor driveway. o It is advisable to provide an offset driveway across from the Baywind Christian Church driveway on the west side of Shadywood Road, as illustrated below. Overlapping driveways with the church should be avoided, due to back-to-back left-turn lanes. Figure 1 —Overlapping Driveways CHURCH NEIGHBORHOOD CHURCH � 1 J FRESHWATER FRESHWATER FRESHWATER CONDOS CONDOS CONDOS Aligned Offset Overlapping (Source: MnDOT Access Management Manual,2008,and Westwood Professional Services,2017) Section 3.4.5.,Offset Driveways and Streets,MnDOT Access Management Manual,Minnesota Department of Transportation, Saint Paul,MN,January 2,2008,p.,35. May 17,2017 Page 3 • Conclusion o Given the modest trip generation during peak hours, the apartment use will increase AADT along Shadywood Road by approximately 3%. o Either an aligned or offset driveway between the apartment use and the church will operate safely and efficiently. An overlapping driveway should be avoided, regardless of the low turning volumes. o It is my engineering judgment that the potential vehicular turning conflicts between the proposed apartment use and the Baywind Christian Church will be relegated to Sunday mornings and possibly one evening a week. Please contact me if you have further questions or comments regarding this review. PC Exhibit D 17-3944 7699 Anagram Drive Eden Prairie,MN 55344 Westwood Main (952)937-5150 Fax (952)937-5822 westwoodps.com (888)937-5150 MEMORANDUM Date: May 17,2017 Re: 2520 Shadywood Rd.,Orono,MN—Access Considerations File R0010413.00 To: Tom Goodrum,Westwood From: Steve Manhart,P.E.PTOE,PTP Per your request, I have reviewed the access considerations for the proposed 40-unit apartment use at 2520 Shadywood Road in Orono. The following are some of my observations and reactions: • The posted speed limit on Shadywood Road south of Shoreline Drive (Co. Rd. 15) is 40 mph. • Shadywood Road is functionally classified as an "A-Minor Expander"roadway by the Metropolitan Council. • The 2015 MnDOT Metro Traffic Volume Map does not provide a specific Annual Average Daily Traffic (AADT) for this segment of Shadywood Road. Nevertheless, one may estimate the daily volume by averaging the given volumes to the north and south of this site. Therefore, one may assume the AADT for this segment of Shadywood Road is approximately 7,950 veh/day. • According Land Use Code 230 of the ITE Trip Generation Manual,Ninth Edition, the 40-unit condominiums will generate approximately 232 trips per weekday(116 entering and 116 exiting); 18 trips in the a.m. peak hour(3 entering and 15 exiting), and 21 trips in the p.m. peak hour(14 entering and 7 exiting). • According Land Use Code 230 of the ITE Trip Generation Manual,Ninth Edition,the 40-unit condominiums will generate approximately 226 trips per day on a Saturday(113 entering and 113 exiting), and approximately 194 trips per day on a Sunday(97 entering and 97 exiting). The Saturday peak hour will Multi-Disciplined Surveying&Engineering TBPLS Film No.10074302 westwoodps.com May 17,2017 Page 2 generate 19 trips (10 entering and 9 exiting),while the Sunday peak hour will generate 18 trips (9 entering and 9 exiting). • The MnDOT Access Management Manual provides guidance on offset driveways and streets. According to the manual, "On undivided highways, high-volume(Type 3) driveways and public street connections on opposite sides of the a highway should be aligned with one another to the extent practicable, or they should be offset to minimize overlapping left turns and other maneuvers that could result in safety or operational problems."' o A Type 3 driveway is a driveway designed to provide access to a large development area encompassing multiple properties or structures served by a clearly-defined system of internal streets. o The access driveway proposed for this apartment use does not measure up to the scale of a Type 3 driveway. This would be a minor driveway. o It is advisable to provide an offset driveway across from the Baywind Christian Church driveway on the west side of Shadywood Road, as illustrated below. Overlapping driveways with the church should be avoided, due to back-to-back left-turn lanes. Fi.ure 1 -Overla•'in. Drivewa s CHURCH NEIGHBORHOOD CHURCH t r 1 --\) (- FRESHWATER FRESHWATER FRESHWATER CONDOS CONDOS CONDOS Aligned Offset Overlapping (Source: MnDOT Access Management Manual,2008, and Westwood Professional Services,2017) Section 3.4.5.,Offset Driveways and Streets,MnDOT Access Management Manual,Minnesota Department of Transportation,Saint Paul,MN,January 2,2008,p.,35. May 17,2017 Page 3 • Conclusion o Given the modest trip generation during peak hours, the apartment use will increase AADT along Shadywood Road by approximately 3%. o Either an aligned or offset driveway between the apartment use and the church will operate safely and efficiently. An overlapping driveway should be avoided,regardless of the low turning volumes. o It is my engineering judgment that the potential vehicular turning conflicts between the proposed apartment use and the Baywind Christian Church will be relegated to Sunday mornings and possibly one evening a week. Please contact me if you have further questions or comments regarding this review. ______ . -, " PC Exhibit E 17-3944 CITY OF ORONO � ' Street Address: (vt ilir.g Address Telephone(9521 249-4600 ' --. 2750 Ke!ley Parkway P.O Box 66 Fox ;952:249-4616 IA • Orono,MN 55356 Crystal Bay.MN 55323 l www.ci.oron .mo us May 25, 2017 Westwood Professional Services VIA EMAIL Attn:Tom Goodrum tom.goodrum@westwoodps.com 7699 Anagram Drive Eden Prairie, MN 55331 Re: Condominium rezoning File#17-3944 The City has received your application for a rezoning to the RPUD zoning district,to allow for the construction of a 40 unit residential condominium unit building. Review of a rezoning to RPUD is actually one of two simultaneous steps; review of rezoning, or map change; and review of a master development plan. The RPUD allows for flexibility in land development in order to achieve several goals, including provision of lifecycle housing, preservation of desirable site characteristics, high quality of design, sensitive development in transitional areas, and development consistent with the comprehensive plan. This flexibility is offered because of the comprehensive review of a project. The review of the rezoning will be concurrent of the review of the general concept plan, much of which has been provided,either with this application,are as part of the sketch plan. We do require you to submit information for the concept review and approval, I cannot refer to previous applications for certain materials. Approval of the rezoning will be subject to the formal approval of the master plan,which identifies the final details of the project. I. RPUD standards. The city has reviewed the standards for a RPUD and offers the following comments. These comments are based on Division 11 of the Orono City Code,starting at Section 78-626,which prescribes the review process and development standards for the proposed district. The numeral in parenthesis corresponds to that paragraph of 78-626, a copy of which is provided. (1) The property must be 5 acres to be rezoned to RPUD. The Council will need to approve flexibility as the subject parcel is currently 2.63 acres. (6) Please confirm the floor area ratio. (Total Building Floor Area/Total Lot Area= FAR.) If this exceeds 1.0, flexibility will be required. (7) Requires a 50 foot setback from Shadywood and a setback equivalent to the height of the building from the side and rear property lines. (7b) discusses height,and the height was an issue for the City Council. City Code identifies height as: Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch- type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. For a pitched or hipped roof situation, regardless whether the highest living space in a building is a half-story or full story, if the highest living space contains windows(excluding skylights)the upper measuring point for defining building height shall be the median height of the top of the highest window and the highest peak of the roof. It might be helpful to identify the actual defined height of the building. To do this, the building will need to be sited and the height calculated based on existing topography. A grading plan will need to be combined with the building elevations provided. Assuming the highest adjacent grade is one foot below the first floor elevation,the defined height of the building appears to be 49.8 feet tall. Flexibility would be required. To illustrate the impact of your height proposal, perhaps a perspective drawing,or picture,superimposing the building into the street scape, both north and south bound Shadywood, and from the residential area to the east,would be helpful to the public and City officials. (7b) expressly prohibits flat roofed buildings,flexibility will be required. (11) requires 10%of the gross project area to be set aside as private recreational use. These can include trails, nature areas, picnic areas,etc. This area should be identified. (14) Landscape plan must be submitted to correspond with paragraph 14. (14 g) screening of the parking lot adjacent to Shadywood is required. I recommend continuing the pattern established by the existing Freshwater business center. Trash receptacles, if not located in the underground parking area,will need to be screened or in a building. (15)Specifics on the building must be provided as part of the rezoning application, including Elevations,floor plans and dimensions, location of trash, recycling, and HVAC units. The HVAC units may not be visible from the road. (17) The city engineer is reviewing the traffic information provided; future comments, if any, will be forwarded. (18) Approval of the final development plan will need to include utility,grading, and drainage plans, detailed building elevations and floor plans, landscaping,sign,and lighting plans. A permit may not be issued until this plan is approved. II. The following comments are based on a review of the project: a. Section 78-1707 A4 outlines a maximum hardcover of 50%. Please provide hardcover calculations. b. Stormwater calculations should be provided to ensure that ponding size is adequate. c. Please confirm the number of units. Exhibit C: Context map suggests 49 units, the narrative and other materials suggest 40 units. d. Exhibits D, E, and F suggest an apartment building. It is advisable to review the application for consistency in terms. e. Has a wetland delineation been completed and approved? If so, documentation must be provided and appropriately shown on the site plan. f. Please provide a dimensioned site plan, showing parking, drives, wetland delineations, wetland setbacks (10 feet from the MCWD buffer),easements. III. Platting The narrative describes the gross density at 12.66 units per acre, and 15.63 units net, which indicates a plan to shift the shared property line to the north and west. This alone will require a subdivision exception, and legal descriptions of both parcels, before and after the shift. However, a condominium building implies ownership of individual units, plus a share of the common areas. Please identify how you propose this subdivision. Are both actions anticipated to be covered in a plat or other method? These comments reflect my best effort at being comprehensive. Please recognize additional comments may be generated based on new information,or further review of the project. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart,AICP Community Development Director • PC Exhibit F 17-3944 DIVISION 11. - RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT Footnotes: ---(7)--- Cross reference— Planned unit development, § 78-100' et seq. Sec. 78-621. -Purpose. The purpose of the residential planned unit development(RPUD)district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan ("CMP" or "comprehensive plan"). The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept. The RPUD district will encourage the following: (1) Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; (2) Provision of housing to meet lifecycle, and affordable and moderate cost housing needs; (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; (5) High quality of design and design compatible with surrounding land uses, including both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city; and (7) Development which is consistent with the comprehensive plan. (Ord. No. 202 2nd series, § 1(1), 2-26-2001) Sec. 78-622. -Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived, unless such application is requested by the property owner and approved by the city council. (Ord. No. 202 2nd series, § 1(9), 2-26-2001) Sec. 78-623. -Permitted uses. Within the RPUD district, no structure or land shall be used except for one or more of the following uses: (1) One-family detached dwellings. (2) Publicly owned parks and playgrounds. Page 1 (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan. (Code 1984, § 10.20(2); Ord. No. 202 2nd series § 1(2), 2-26-2001) State Law reference—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7. Sec. 78-624. -Conditional uses. Within the RPUD district, no land or structure shall be used for the following uses except by conditional use permit: (1) Public service structures. Public service structures, including but not limited to electric transmission lines, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division. (2) Assisted living facilities. Assisted living facilities as defined in this chapter, subject to the general conditions and multifamily-specific conditions applicable to uses in the RPUD district. (Ord. No. 202 2nd series, § 1(3), 2-26-2001; Ord. No. 75 3rd series, § 1, 7-12-2010) Sec. 78-625. -Accessory uses. Within any RPUD district, the only permitted accessory uses and structures are the following: (1) Private garages and parking space. (2) Private swimming pools, tennis courts, and paddocks. (3) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of section 26-76, when applicable. (4) Signs, as regulated in this chapter. (5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (6) Gardening and other horticultural uses, including aviaries and decorative landscape features. (7) Communication reception/transmission devices as follows: a. Accessory antennas, which shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Page 2 Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts, provided they meet the following conditions: 1. Height. A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. 3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Location. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits.A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: 1. Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line. (8) Privately owned buildings to be used for recreational or social purposes, or for use as storage areas for maintenance equipment or rubbish. (9) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. (Code 1984, § 10.20(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 202 2nd series, § 1 (4), 2-26-2001; Ord. No. 221 2nd series, § 3, 9-23-2002; Ord. No. 106 3rd series, § 12, 6-10-2013) Sec. 78-626. - Development standards. Within the RPUD district all development shall be in compliance with the following: Page 3 (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL,the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability. A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by municipal sewer. (4) Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use, the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives. The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density(only for properties currently zoned and guided for commercial use) and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios(FARs)shall be limited per the following table: Maximum Floor Area Comprehensive Plan Designation Ratio* Page 4 Low or medium density residential (up to 50 and including 6.0 units per 0.5 acre) High density residential (in excess of 6.0 units per acre) 1.0 *FAR=Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses. Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet, except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site. The setback for parking structures, including decks and ramps, shall be 35 feet from local streets and 50 feet from all other street classifications,except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater, when adjacent to residential properties; 35 feet, when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site.Where industrial uses abut developed or platted single-family lots outside the RPUD site, greater exterior building and parking setbacks may be required in order to provide effective screening.The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming,existing and proposed plantings and other features, such as roadways and wetlands, which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential, commercial and industrial property outside the RPUD. b. Height limitations. For properties guided for residential use in the comprehensive plan, a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be allowed. c. Outside storage limitations. Building materials, recreational vehicles, boats, RV's, snowmobiles,and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. Page 5 (8) Development standards for single-family detached dwellings in the RPUD district. Each RPUD site developed for single-family detached dwellings at medium density(i.e.,densities ranging from one unit per acre to six units per acre)shall be subject to the following standards: a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. c. Minimum lot width at the setback line: 90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arterial streets, as defined in the comprehensive plan. f. Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection(8)e of this section. Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is less. h. Building height: maximum of 30 feet. i. All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures, except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling. A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed. More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted. Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. (11) Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including Page 6 swimming pools, trails, nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership. All property to be included within a RPUD development shall be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage. Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. (14) Landscaping, screening and buffering. a. Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads, trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location, approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities,common and botanical names, size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features, including berms, fences and planter boxes; 8. Details of restoration of disturbed areas, including areas to be sodded and seeded; 9. Location and details of irrigation systems; and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas,drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and groundcover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type Size Quantity Overstory 2.5-inch bb One tree per 1,000 gross square feet of building footprint area or one deciduous trees (Caliper) tree per 40 lineal feet of site perimeter,whichever is greater. 6-foot height Minimum of 30 percent of required overstory trees must be Coniferous trees bb coniferous Page 7 Understory 3-gal. potted One shrub per 300 gross square feet of building footprint area or one shrubs or 18-inch shrub per 30 lineal feet of site perimeter,whichever is greater. Not required; but two ornamental deciduous trees may be Ornamental 1.5-inch bb substituted for one required overstory deciduous tree(maximum deciduous trees (Caliper) substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees:The city council shall have sole discretion whether credit shall be granted for existing healthy trees In instances where healthy plant materials of acceptable species exist on a site prior to its development,the application of the standards in subsection(14)b of this section may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2% inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 11/2 inches. 4. All site areas not covered by buildings, sidewalks, parking lots, driveways, trails, patios, or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one- and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas, except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species. The city shall maintain a list of prohibited species, which shall not be used for landscaping. c. Interior parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction Page 8 thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of landscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died, shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Retaining walls. Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. f. Landscaping performance security required. When screening, landscaping or other similar improvements to property are required by this division, a letter of credit shall be supplied by the owner in an amount equal to at least 1%times the value of such screening, landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping. The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping, if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions, which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. g. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: i. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. ii. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1.The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located Page 9 on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection (14) of this section shall be of a height needed to accomplish the goals of subsection (14)of this section. Screening methods incorporating roofs over storage, trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection (14)of this section shall be measured at the time of installation. (15) Architectural standards. a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods.Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating, ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings. The city may, at its discretion, allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures(the term "substantially renovated" shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. (17) Traffic studies. The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts. The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. Page 10 (19) General regulations applicability.The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighting standards. All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails. When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights-of-way are available, at the city's discretion the trail may utilize the public right-of-way. Trails shall be of bituminous construction, or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No. 202 2nd series, § 1(5), 2-26-2001; Ord. No. 94 3rd series, § 2, 9-24-2012; Ord. No. 189 3rd series, § 6, 4-10-2017) Sec. 78-627.-Review of application; procedures. (a) Concept plan review. In order to receive guidance in the design of a RPUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally,this information should include the following: (1) Approximate building, road and trail locations; (2) Height, bulk and square footage of buildings; (3) Type and square footage of specific land uses; (4) Number of dwelling units; (5) Generalized grading plan showing areas to be cut, filled and preserved; and (6) Staging and timing of the development. The comments of the planning commission and city council shall address the consistency of the concept plan with this section. The comments of the planning commission and city council shall be for guidance only and, if positive, shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master development plan and rezoning. Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment. The master development plan shall contain the following: (1) Building location, height, bulk and square footage; (2) Type and square footage of specific land uses; (3) Number of dwelling units; (4) Detailed street and utility locations and sizes; (5) Parking layout; (6) Drainage plan, including location and size of pipes and water storage areas; (7) Grading plan and drainage plan, including two-foot contours; (8) Generalized landscape plan; (9) Generalized plan for uniform signs and lighting; Page 11 (10) Plan for timing and phasing of the development; (11) Covenants or other restrictions proposed for the regulation of the development; (12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; (13) Trail plan; and (14) Lighting plan. Approval of the master development plan shall indicate approval of the listed items in subsections(b)(1)— (b)(14)of this section and shall occur in conjunction with rezoning of the property to RPUD. After rezoning the property to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section. The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter. (c) Development agreement/financial guarantee. Following the approval of the master development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the RPUD development,and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of: (1) A development contract; (2) A site improvement performance agreement; and/or (3) Another form of binding instrument as may be required by the city. (d) Final site and building plan. Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division.The final site and building plan shall contain information as required by the city, including the following: (1) Detailed utility, street, grading and drainage plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping, sign and lighting plans; and (4) Detailed trail plan. (e) Substantial compliance. The final site and building plan shall be in substantial compliance with the approved master development plan. Substantial compliance shall mean: (1) Buildings, parking areas, roads and trails are in substantially the same location as previously approved; (2) The number of residential living units has not increased or decreased from that approved in the master development plan; (3) The gross floor area of any individual building has not been increased from that approved in the master development plan; (4) There has been no increase in the number of stories in any building; (5) Open space has not been decreased or altered to change its original design or intended use;and (6) All special conditions required on the master development plan by the city have been incorporated into the final site and building plan. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit, subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. (f) Simultaneous review. Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. Page 12 (g) Basis for approval;conditions. In evaluating a site and building plan,the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: (1) Compatibility of the proposed plan with this section and consistency with the goals, policies, and objectives of the comprehensive plan and surface water management plan; (2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; (3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development, giving special attention to: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community. b. The amount and location of open space and landscaping. c. Materials,textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (4) Promotion of energy conservation through design, location, orientation and elevation of structures,the use and location of glass in structures and the use of landscape materials and site grading; (5) Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses; and (6) Such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Ord. No. 202 2nd series, § 1(6), 2-26-2001) Sec. 78-628. -Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or, if within that period no extension of time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved master development plan shall remain the legal control governing development of the property included within the RPUD. (b) If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or, if building construction in a phase of a RPUD approved to be built in phases has not started within this period, or, if within that period no extension of the time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the Page 13 absence of rezoning, the approved master development plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD. (Ord. No. 202 2nd series, § 1(7), 2-26-2001) Sec. 78-629. -Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission.The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD. A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any individual building; (4) Increases the number of stories of any building; (5) Decreases the amount of open space or alters it in such a way as to change its original design or intended use; or (6) Creates noncompliance with any special condition attached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the council. (Ord. No. 202 2nd series, § 1(8), 2-26-2001) Secs. 78-630-78-640. - Reserved. Page 14 PC Exhibit G 17-3944 MEMORANDUM TO: ORONO CITY PLANNING COMMISSION FROM: RESIDENTS OF OLD BEACH ROAD,NAVARRE DATE: June 12,2017 RE: Opposition to Proposed Rezoning of,and Master Develop- ment Plan for,2520 Shadywood Road Summary The Planning Commission should deny the rezoning request and master development plan for 2520 Shadywood Road in its current form.The pro- posed development conflicts with the vision and standards for growth contained in the Orono City 2010 to 2030 Community Management Plan. It would have a significant detrimental effect on the setting,the adjacent properties and residents due to its detrimental impact on: (i) Traffic and pedestrians, (ii) Established neighborhood character(e.g.,extreme height), (iii) Wetland/Lake Minnetonka,and (iv) Dark skies. Overview The residents of Old Beach Road listed on Exhibit A oppose the master development plan proposed for 2520 Shadywood Road.The proposal is inconsistent with the setting and community,and antithetical to the prin- ciples and vision expressed in the Orono City 2010 to 2030 Community Management Plan("CMP").We urge the Commission to reject the pro- posed plan and deny the request for rezoning until a revised plan com- patible with the setting,community and CMP is presented.' We acknowledge that property owners have full rights to develop their prop- erty within applicable zoning restrictions.We do not seek to stop all develop- ment of the subject property.We only ask that the development be done con- sistent with the setting,community and CMP. In this memorandum,we: • Review the CMP's guiding principles and vision as it relates to Navarre generally and the subject site specifically • Describe how the proposed plan is inconsistent with the CMP's guiding principles and vision in the areas of o Traffic and pedestrians o Building height o Wetlands and Lake Minnetonka o Dark skies • Propose other uses for the subject property that would be con- sistent with the CMP CMP Guiding Principles and Vision The CMP was developed between 2008 and 2010,predating a period of growth in Orono and surrounding communities that has significantly in- creased the pressures on Navarre and its residents. However,even as Na- varre was nearly a decade ago,the CMP expresses concern about manag- ing that growth in a way that would preserve Orono and Navarre's unique natures and resources. For example,even in identifying the subject property as potentially re- ceiving a "mixed use" designation,the CMP recognizes the need for cau- tion,calling upon public input: The "Mixed Use"designation allows for the possibility of higher density multi-family residential development such as senior assisted living,townhomes,condominiums or apartment buildings.Actual development of such uses on any given property would not occur until a developer applies for and successfully completes a formal re- zoning process during which there would be ample opportunities for public input.2 The CMP continues this cautious tone in outlining the general principles for development that should guide any zoning change for the subject property(all emphasis is added): 2 CMP page 4. 2 44.�{y`,fey''"sky, • The basic goal of[the CMP] is preservation:Preservation of our resources;preservation of our distinct urban and rural life- styles;preservation of Lake Minnetonka and its sensitive watershed; and preservation of individual initiative and responsibility.' • The concern of the residents is to provide for continuing maintenance and preservation of those natural resources and social amenities which attracted people to Orono in the first place.Near the lake,density of development has to be regulated in or- der to minimize the resultant stormwater runoff pollution which, if unrestricted,could permanently alter and destroy the ecology of this very unique resource.4 • Orono's managed growth policy means that the need to use and enjoy Lake Minnetonka will be balanced with protection of its water quality and accessibility for future generations.This policy means that the acceptance of growth and development changes will be balanced with conservation of our resources and natural amenities, and maintenance of our small town social character.5 • Additional urban development will occur in the urbanized ar- eas consistent with the capacities of the existing urban services and at limited densities consistent with all environmental constraints.6 • Urban Community Goal 3—To improve the quality of life and neighborhood aesthetics while maintaining the existing diversity of housing and shopping opportunities.' • Urban Community Goal 4—To prevent overly dense development or any excessive demand for services which would in any way ad- versely affect Lake Minnetonka or its associated wetlands or drainage areas.8 3 CMP page 2-9. 4 CMP page 2-10. 5 CMP page 2-11. 6 CMP page 2-15. 'CMP page 2-17. 8 CMP page 2-17. 3 • Urban Planning Policy 1 —Future urban development will be carefully integrated into the existing neighborhoods. No new devel- opment will be permitted to conflict with or adversely affect the es- tablished neighborhood character.9 • Urban Planning Policy 4—Urban developments will be carefully screened for environmental sensitivity.Most of Orono's urban neighborhoods are located very close to Lake Minnetonka; therefore,any urban development has the potential for direct adverse impact on the lake. Storm water runoff control,erosion and sedimentation are particular concerns requiring careful de- sign attention in all new urban developments. In addition,par- ticular care will be taken to preserve open spaces,wooded areas and solar access.10 • Urban Planning Policy 5—Urban developments will be limited to the extent that they can be adequately served by the existing or planned public facilities and services.New development will not be permitted to exceed the existing or planned capacity of local roads, utilities,parks,police and fire protection." Application of Guiding Principles and Vision to Proposed Project Impact on Traffic/Pedestrians—The proposed building and its impact on an already difficult and dangerous traffic and pedestrian situation di- rectly conflict with the CMP's principles and findings. Attached as Exhibit B are the results of a petition circulated by foot and online among Navarre residents. Over 160 individuals signed the peti- tion,objecting to the proposed building. Without prompting or encour- agement,over 50 people responding to the online survey described key objections. They nearly all focused on the size of the proposed building. Thirty of these specifically named traffic as a concern with the project. For example: - Way to big and too many units for such a small area. Congested area,brings more congestion. I strongly oppose this project. 9 CMP page 2-17. 10 CMP page 2-18. 11 CMP page 2-18. 4 - Strongly oppose due to negative impact on character of neighbor- hood and dangerously increased traffic on currently congested roads. - It's quite challenging and often dangerous to take a left hand turn onto Shoreline Drive when driving south on CR-19 at rush hours, as it is(no left arrow going this direction). I can't imagine how it would be with additional traffic that would be added by this de- velopment.In addition,this structure would tower over existing homes and be detrimental to the preserved wetlands. I'm very much against this. - This will have a major impact on traffic,wildlife and not fit the small footprint of Navarre. We already have major traffic prob- lems on 19. This must not happen! - This is a terrible idea and will permanently and negatively dam- age the neighborhoods. Traffic on 19 is already a huge problem during morning and evening rush hour. I don't know how it can accommodate 100 more cars. I worry about the wildlife in the marsh and we should seek to preserve our shrinking wild areas! Navarre traffic already far exceeds capacity. The dense rush hour traffic makes it difficult and dangerous to turn onto County Road 19 or County Road 15 from any Navarre side streets.During evening rush hour,traffic on County Road 19 regularly backs up past the Narrows Bridge.And the intersection of County Road 19 and County Road 15 is already notorious among commuters for being unsafe,awkward,and even frightening. As noted above,a guiding CMP principle regarding future urban devel- opment states: Urban Planning Policy 5-Urban developments will be limited to the extent that they can be adequately served by the existing or planned public facilities and services.New development will not be permitted to exceed the existing or planned capacity of local roads,utili- ties,parks,police and fire protection.12(Emphasis added.) The CMP also addressed the County Road 15 traffic problem specifically: 12 CMP page 2-18. 5 Additionally,County Road 15,which is the key roadway serving Orono's suburban areas and particularly the Navarre area,is far over capacity. It is not practical from an economic or environmental standpoint to expand County Road 15 to increase its capacity. There- fore,additional housing options will be primarily developed along Orono's Highway 12 corridor in specifically identified areas that are or will be served by urban services.13(Emphasis added.) The CMP also lists "a number of challenges to be addressed as Navarre redevelops in the years to come."14 The first of these relates to keeping/ making Navarre a pedestrian-friendly location: High traffic volumes and the existing traffic management infrastruc- ture result in poor pedestrian accessibility.Pedestrians have limited options for crossing CR 15 or CR 19.15 In the seven years since the CMP was updated,the traffic and pedestrian situations have significantly worsened not only due to Orono's growth, but also due to the growth in surrounding communities,increasing through traffic.Adding 200 to 300 car trips per day for the proposed pro- ject would exacerbate in a meaningful way the current bad and danger- ous traffic and pedestrian situations in Navarre. Established Neighborhood Character-The height of the proposed build- ing far exceeds that of adjacent structures and is entirely inconsistent with the established neighborhood character. Northwest of the proposed building is the Freshwater Office Building ("FOB").As shown by the pictures on the following page,the FOB is one story when viewed from the front and two stories when viewed from the back.16 13 CMP page 3C-25. 14 CMP page 3B-38. 15 CMP page 3B-38. 16 Small architectural details of the FOB extend above the rest of the structure, but they do not change the one-story front/two-story back of the FOB. 6 .r fd � : rr • rw .41_44111E.2 { r iiti, 4 , .4,,,,t-Fir. , v• . •..' 7,11e.'4,.." i ;,.1 .,. t.,'I" -: ',?*: ' 4, , k,..,,4:,. ..,4.it ,1 i ' I ,, : - ..ski>-t f.. By comparison,the proposed structure is four stories when viewed from the front and five from the back,more than twice the height of the FOB and significantly taller than most of the surrounding tree canopy. To the east of the proposed building are the single-family homes of Old Beach Road. The closest is 2505 Old Beach Road.The developer's material states the proposed building is 384 feet from the home and 119 feet from the dividing property line.This means significant portions of the 2505 property and adjacent properties would be well within 200 feet of the building. Exhibit D to the developer's submission to the Commission illustrates the relationship of 2505 Old Beach Road to the project. The illustration shows the distance between the two structures and a few trees in-between: 7 474;114 Arred`- Yea v.now•.r... ^"w Sot What the illustration misses is the relative height and elevations of the two structures. The illustration below maintains the distance between the two structures and then,on the same scale,shows the heights and eleva- tions of the two buildings.Considering(i)the proposed building's "un- derground"parking is actually above ground in the rear,(ii)the actual relative heights of the structures,and (iii)the lower starting ground level of the home,the proposed building would tower over the home,being nearly twice as tall: 383 264 33 10" 48 46'8" 58 8" 34'10" 1 _ _ Property ane _ :�•, _ ;, (Exhibits E and F to the developer's submission illustrating the relation- ship of the proposed building to the Lundquist and Codute residences re- quire similar adjustments to accurately represent the relative heights of the structures.) The trees between the building and the Old Beach Road homes provide little screening: 8 ,;4 ' • For seven months of the year,the trees are bare,providing no screening."The residents will have their westward views con- sumed by the building,and will have dozens of balconies and windows peering down on their properties and into their homes. • During the five months with leaves,significant portions of the building will still be visible given the building's height and breadth. • Many of the existing tall trees would have to be removed to make way for the building. • Trees that remain show signs of age and ill-health and would likely not survive long enough for new tall trees to take their place. Some of these are ash that are expected soon to be taken out by emerald ash borers. Therefore,tree screening is not a realistic or reliable response to the Old Beach Road residents'objections to the building's extraordinary size. To the north of the proposed building is a magnificent wetland,then County Road 15,and then the homes of the "Ridge" in Minnetonka Beach. The five-story view of the proposed building will have even less tree screening,if any,when viewed from the North given the building's proposed location so close to the wetland.It would impose on all passers- by and Ridge residents a stark and unpleasant contrast to the green vege- tation and blue water that otherwise grace the area. Impact on Wetland and Lake Minnetonka—The proposed site is part of a land parcel IDS donated to the Freshwater Biological Research Founda- tion in the early 1970's.After a series of five tornados wreaked havoc with Lake Minnetonka in 1965,Dick Gray began researching and recording the health of Lake Minnetonka. In February 1968,drilling through 20 inches of ice to take his weekly water samples,he was shocked to see red water pouring out of the hole,"a sure sign of bad pollution." A few months later Gray teamed with the University of Minnesota to es- tablish the Foundation,and in 1974 they moved into the new Freshwater 17 Nearly all evergreen trees illustrated in the developer's material are not actu- ally in the sight lines between the proposed building and the homes. 9 • Biological Institute of Navarre. Teamed with doctoral students from the University,they began their research in earnest's Renamed the Freshwater Society,the headquarters have now moved to St. Paul,resulting in the sale of the property to the current owner. The subject property has long been a significant and respected landmark in Navarre,bringing with its name and work a high standard of steward- ship over Lake Minnetonka and its surrounding wetlands,the same high standards reflected in the CMP when it comes to protecting these valua- ble resources. While we are not scientists,we cannot imagine how putting 100 or more cars and people and their pets and trash bins on the very edge of a wet- land that feeds directly into Lake Minnetonka could be anything but harmful.That harm could come during construction (reports are that silt flow has already been a problem at the development across County Road 19)or over the years of additional foot and car and pet traffic. Impact on Dark Skies-The CMP states the following regarding the desire to allow all Orono residents to enjoy dark skies: Dark skies are one of the treasured elements of life in Orono. The CMP now includes a section devoted to maintaining our night skies free from light pollution,and is expected to lead to an update of the City's lighting ordinance.19 Number 5 on Orono's list of 8 planning goals is: To preserve open space,light,air and solar access for all citizens while maintaining our'dark sky'at night.20(Emphasis added.) The CMP then devotes an entire section to "Preservation of Dark Skies." The section begins: A key element that adds to the quality of life in Orono is its dark night sky. The ability to view a naturally dark, star-filled sky is a 18 See https://freshwater.org/2010/01/20/looking-back-tornadoes-ugly-algae- spurred-community. 19 CMP Page 2. 20 CMP Page 2-14. 10 precious resource as valuable as our forested landscapes and our fresh air and clean water.21 Forty balconies and hundreds of lit windows,exterior lighting and head- lights of cars entering and exiting the parking garage would be a signifi- cant trespass of light on adjacent properties and a material reduction in the dark sky vision expressed in the OMP. It would deprive all surround- ing properties of this "key element that adds to the quality of life." Compliant Uses As we began,we recognize that the property owner has the right to build something on the site.We encourage consideration of a project that is con- sistent with the setting and respectful of the wetland and neighbors. This could be garden homes(like the project across County Road 19 from the site) or a few upscale townhomes or condominiums. Planning Commission Meeting/Questions We look forward to discussing this material with the Commission at the June 19th meeting. However,if you have any questions in advance,please feel free to contact Kirk Sherman(612-670-0991) or Tim Olson (952-471- 8685). 21 CMP page 3A-37. 11 Exhibit A Residents of Old Beach Road Submitting this Memorandum Kirk &Jacqueline Sherman 2505 Old Beach Road Alicia &Tom Codute 2535 Old Beach Road Linda &John Freivalds 2585 Old Beach Road Curt &Vicki Holt 2313 Old Beach Road Larry& Donna Lundquist 2455 Old Beach Road Tracy&Jeff Baumer 2314 Old Beach Road Tim & Stephanie Olson 2510 Old Beach Road Shawn &Jackie Mclntee 2490 Old Beach Road Larry&JoAnn Barbetta 2440 Old Beach Road Jerry& Diane Carlson 2496 Old Beach Road Kirk Johnson &Jim Frey 2560 Old Beach Road Joe Sanguinetti &Amy Abouelenein 2420 Old Beach Road Dave Schneider 2540 Old Beach Road 12 Exhibit B Survey Results 13 To: City of Orono Petition to Halt Construction of Navarre Freshwater Condominiums Petition summary and A developer proposes building a multi-tenant condominium/apartment building adjacent to the Freshwater background Institute in Navarre (2520 Shadywood Road) (the "Project"). The Project involves 40 to 50 units, 4 stories high (5 stories-58' 8"—on the wetland side), with 84 to 100 parking spots. The Project would require rezoning the property and multiple variances from the City of Orono and other governmental agencies. Citizens of Orono oppose this Project due to, among other things, the high density, height, increased traffic and congestion, increased noise, increased light, negative impact on animal habitats and wetlands, negative impact on adjoining neighborhoods and the precedent this Project would set for Navarre and the City of Orono. Action petitioned for We, the undersigned concerned citizens, urge our Orono leaders to deny the rezoning and boundary line adjustment of, and variances and any other special accommodations for, the Project due to the adverse impact the Project will have on the purpose and value of Orono's zoning regulations and the health and welfare of the citizens of Orono and its neighbors. Printed Name Signature Address Email (optional but /' helpful) i Fv ze - ‘,2,zy,96i 72.-3 i 3- Oci &V 4 _cc, s -/---,--„5, ,,,„„ T, '�.c ,-1 ‘ 3 i 3--- O/c� `i /� �a.v�, S� ��e , /�' _,e ' .d/ 7 1� , rvt S f //0 . ; ) %{�(91� 62313 /��lc� Se 4 il( e.o(c: i M 4-o 4--- Lkz+D-T,5 n1.4.44 a319.Qf e 7e1,, & • • • To: City Orono Petition to Halt Construction of Navarre Freshwater Condominiums Petition summary and A developer proposes building a multi-tenant condominium/apartment building adjacent to the Freshwater background Institute in Navarre (2520 Shadywood Road) (the "Project"). The Project involves 40 to 50 units, 4 stories high (5 stories-58' 8"—on the wetland side), with 84 to 100 parking spots. The Project would require rezoning the property and multiple variances from the City of Orono and other governmental agencies. Citizens of Orono oppose this Project due to, among other things, the high density, height, increased traffic and congestion, increased noise, increased light, negative impact on animal habitats and wetlands, negative impact on adjoining neighborhoods and the precedent this Project would set for Navarre and the City of Orono. Action petitioned for We, the undersigned concerned citizens, urge our Orono leaders to deny the rezoning and boundary line adjustment of, and variances and any other special accommodations for, the Project due to the adverse impact the Project will have on the purpose and value of Orono's zoning regulations and the health and welfare of the citizens of Orono and its neighbors. "Q(." = st cm- 1why ? 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J ;; \ a )T ci ‘.. 1 V , 1 el f4' id 1 • , , _ Jeremy Barnhart From: Linda Kelley Freivalds <lindafordkelley@gmail.com> Sent: Friday, June 09, 2017 3:04 PM To: Jeremy Barnhart Cc: Kirk Sherman Subject: 2520 Shadywood Road Project- Clarification Jeremy, My husband, John, and I sent a letter to you on March 14, 2017 stating that we had met with Alex Ugorets and reviewed the preliminary plans for the proposed apartments/condos. At that time,based on the information available, we expressed concern that the project be condos, not apartments, but otherwise had no strong objections. Subsequent to that date, we attended a meeting for the neighborhood at the Freshwater Business Center and reviewed the drawings provided by Westwood regarding the height of the building and the landscaping. Since that time we have walked our land and that of our neighbors(Codutes and Shermans) and are very concerned about the project and the detrimental effects it will have on the neighborhood. Three items concern us greatly: • Building height: The height of the building will dominate the view for all homes on Old Beach Road and forever alter the character of the neighborhood. • Tree buffer: The treed areas on the drawings do not appear to be realistic. Much of the land behind the Freshwater is wetlands. We have planted trees in our marsh area and are aware that there limited types of trees that will flourish in that environment and to expect a tall buffer of trees, as suggested by the exhibits, is something that would be achieved only with many years of growth. • Traffic: The traffic on CR 19 is already heavy and backs up past our home daily. With a speed limit of 40 mph, the addition of up to 100 additional cars attempting to enter and exit the Freshwater parking area will only increase the backup and the occurrence of accidents. Based on the above, at a minimum, we withdraw all support for the project and request that the City of Orono not approve the required variances to enable this to proceed. John and Linda Freivalds 2585 Old Beach Road 612-339-1261 cc: Kirk Sherman 2 • PC Exhibit H 11 !petitions 17-3944 tvu, This petition has collected 188 signatures using the online tools at iPetitions.com Printed on 2017-06-14 Page 1 of 18 Stop 40-Unit Apartment/Condo Building on Freshwater Institute Property About this petition A developer proposes building a multi-tenant condominium/apartment building adjacent to the Freshwater Institute in Navarre (2520 Shadywood Road) (the "Project"). The Project involves 40 units, is 4 stories high (5 stories-58' 8"—on the wetland side), with includes 84 to 100 parking spots. The Project would require rezoning the property and other variances from the City of Orono and other governmental agencies. Citizens of Orono and cities neighboring Navarre oppose this Project due to, among other things, the high density, height, increased traffic and congestion, increased noise, increased light, negative impact on animal habitats and wetlands, negative impact on adjoining neighborhoods and the precedent this Project would set for Navarre and the City of Orono. We, the undersigned concerned citizens of the Navarre area, urge Orono, MN leaders to deny the rezoning and boundary line adjustment of, and variances and any other special accommodations for, the Project due to the adverse impact the Project will have on the purpose and value of Orono's zoning regulations and the health and welfare of the citizens of Orono and its neighbors. Page 2 of 18 Signatures 1. Name: Kirk Sherman on 2017-06-02 02:34:52 Comments: 2. Name: Tim Olson on 2017-06-02 15:40:33 Comments: Not the right type of development for the site. Massive building blanketing the sky and big traffic problem for Navarre, Mound, Spring Park residents 3. Name: Beth Schmitt on 2017-06-02 15:41:47 Comments: 4. Name: Scott Ellingboe on 2017-06-02 15:47:28 Comments: 5. Name: Lisa Bergquist on 2017-06-02 15:48:08 Comments: 6. Name: Catherine Stepanek on 2017-06-02 15:48:14 Comments: I'm not opposed to multi- unit dwellings, but the scale of this project is double what is appropriate for the site, the neighborhood, the wetlands etc. 7. Name: Lynsey Aul on 2017-06-02 15:52:39 Comments: 8. Name: Jon Eiss on 2017-06-02 15:53:01 Comments: 9. Name: Ellie Langlas on 2017-06-02 15:58:53 Comments: 10. Name: Dave Eiss on 2017-06-02 15:59:49 Comments: 11. Name:jim zimmerman on 2017-06-02 16:11:10 Comments:jimz@thezimmermangroup.com 12. Name: Thomas P Lowe on 2017-06-02 16:12:58 Comments: traffic problems created with this project will be tremendous. Traffic is terrible during rush hours and this will just make it worse. If this is not already zoned for this much density it should be denied. 13. Name: Patty Morris on 2017-06-02 16:16:29 Page 3 of 18 Comments: 14. Name: Tracy Baumer on 2017-06-02 16:30:14 Comments: 15. Name: Vail Baumer on 2017-06-02 16:35:55 Comments: 16. Name: John Withrow on 2017-06-02 16:36:43 Comments: 17. Name: David Stepanek on 2017-06-02 16:44:23 Comments: no 18. Name: Shawn Mclntee on 2017-06-02 16:52:47 Comments: 19. Name:jill bauer on 2017-06-02 16:56:42 Comments: 20. Name: Christine Hardten on 2017-06-02 16:57:57 Comments: 21. Name: Alicia Codute on 2017-06-02 17:00:16 Comments: 22. Name: Amy Abouelenein on 2017-06-02 17:16:54 Comments: 23. Name: Dena on 2017-06-02 17:19:17 Comments: 24. Name: Steve Englund on 2017-06-02 17:24:26 Comments: TRAFFIC!! 25. Name: Scott Wine on 2017-06-02 17:26:17 Comments: 26. Name: Heidi Witte on 2017-06-02 17:35:16 Comments: Traffic in this area is so incredibly congested even now- this area cannot support this type of development Page 4 of 18 27. Name: Jessica Withrow on 2017-06-02 17:39:41 Comments: 28. Name: Sheila on 2017-06-02 18:26:12 Comments: 29. Name: Robin Dodson on 2017-06-02 18:26:48 Comments: Developer needs to work within the zoning and ordinances already in place. They are there for a reason. Deny the variance request. 30. Name: Greg Hayhurst on 2017-06-02 19:01:51 Comments: While I would usually support a project like this, this one makes no sense based on the location, size and impact to the community. Traffic on 19 heading north during rush hour is already a joke. Accidents trying to turn left onto 19 for cross streets is increasing and this will only add to the problem. I could maybe support it if access could be off of county 15 via the road on the other side of the marsh -- but I am sure those neighbors would be pissed. I know I would. All in all, bad idea. 31. Name: Brent Reid on 2017-06-02 19:05:40 Comments: 32. Name: Gayle Hayhurst on 2017-06-02 19:07:22 Comments: This is a terrible idea and will permanently and negatively damage the neighborhoods. Traffic on 19 is already a huge problem during morning and evening rush hour. I don't know how it can accommodate 100 more cars. I worry about the wildlife in the marsh and we should seek to preserve our shrinking wild areas! 33. Name: Jacqueline Sherman on 2017-06-02 19:14:45 Comments: This project is too big for this location. 34. Name: Sandra Keegan on 2017-06-02 19:19:33 Comments: This area is not suitable for this type of development with all the wetlands right there. 35. Name: Kyle Klossner on 2017-06-02 19:27:55 Comments: 36. Name: Bridgette Olson on 2017-06-02 19:30:05 Comments: 37. Name: Linda L Eckland on 2017-06-02 19:35:41 Comments: Traffic is already congested at the intersection of 15 & 19, especially mornings and evenings. The impact on the wetlands and habitat would be devastating! Page 5 of 18 38. Name: Gigi Jabbour on 2017-06-02 19:37:52 Comments: 39. Name: James krey on 2017-06-02 19:38:09 Comments: Approving this re-zoning project will only further exhasperbate the traffic congestion in Navarre. Traffic on Cnty RD 19 and 15 is already at a crawl in the AM and PM. This is the WRONG location for this proposed project. 40. Name: Kelley Diekman on 2017-06-02 19:39:47 Comments: 41. Name: Michelle on 2017-06-02 19:40:16 Comments: 42. Name: Hannah Stone on 2017-06-02 19:42:37 Comments: 43. Name: Doug Eckland on 2017-06-02 19:45:08 Comments: 44. Name: Kyla Hudson on 2017-06-02 19:45:45 Comments: 45. Name: Amy Palmer on 2017-06-02 19:48:44 Comments: The traffic is already too busy there, and this complex would not help our community at all.No more building!! 46. Name: Cil Cullen on 2017-06-02 19:59:11 Comments: The traffic would be horrendous, there would be huge negative impact on the surrounding neighborhoods. We can't let this happen... 47. Name: Penny Saiki on 2017-06-02 20:11:11 Comments: 48. Name: Kelly Eichmeyer on 2017-06-02 20:11:38 Comments: 49. Name: Heather Musman on 2017-06-02 20:29:38 Comments: Too big--keep within zoning limits. 50. Name: Michaela Diercks on 2017-06-02 20:37:12 Comments: Page 6 of 18 51. Name: Paul Chermak on 2017-06-02 20:40:34 Comments: This complex would severely increase traffic, damage wildlife and not fit into a small community. It must be stopped. 52. Name: Rebecca Moore on 2017-06-02 20:43:07 Comments: 53. Name: Jeff Garberg on 2017-06-02 20:44:11 Comments: 54. Name: Sheila McSherry on 2017-06-02 20:46:05 Comments: 55. Name: Susan Chermak on 2017-06-02 21:18:49 Comments: This will have a major impact on traffic, wildlife and not fit the small footprint of Navarre. We already have major traffic problems on 19. This must not happen ! 56. Name: Don Schrader on 2017-06-02 21:44:30 Comments: To much traffic now. it will kill the charm of Navarre! 57. Name: Sonja Lockman on 2017-06-02 21:50:51 Comments: All the development all over the Orono area is destroying the charm of the city and making traffic unbearable. 15 and 19/McCulley both are already getting nearly impossible to cross (or sometimes even enter going the same direction) at certain times. 58. Name: JoAnn Barbetta on 2017-06-02 21:54:14 Comments: Traffic will be adversely affected by this development. We strongly oppose this development. 59. Name: Lawrence Barbetta on 2017-06-02 21:55:46 Comments: I strongly oppose this development. 60. Name: Lucas Detor on 2017-06-02 22:22:08 Comments: 61. Name: Sunhi Ryan on 2017-06-02 22:55:47 Comments: 62. Name: Paul Taylor on 2017-06-02 23:17:15 Comments: Stay strict and strong on the current zoning laws. This type of development is not suited to be on a swamp, nor the dredging and channel proposed to let residents get to Lake Minnetonka. There is a reason this has remained a swamp for so many decades and should remain so without any disturbance from a developer who cares nothing for the wetlands or nature that uses it. Page 7 of 18 63. Name: Scott Hutton on 2017-06-02 23:21:21 Comments: 64. Name: Barbara Miller on 2017-06-03 00:14:17 Comments: 65. Name: Marlys Ogle on 2017-06-03 00:25:46 Comments: 66. Name: Jan Berg on 2017-06-03 00:27:15 Comments: 67. Name: Joe Sanguinetti on 2017-06-03 00:54:37 Comments: I am strongly opposed to this development 68. Name: Roxanne Heaton on 2017-06-03 01:14:58 Comments: 69. Name: Pamela Janisch on 2017-06-03 01:34:28 Comments: Lake (water) quality is an important issue for Lake Minnetonka. Disturbing the wetland will only be another negative impact. 70. Name: Diane York on 2017-06-03 02:04:44 Comments: 71. Name: Libby Detor on 2017-06-03 02:36:14 Comments: 72. Name: Kathy Kladek on 2017-06-03 03:13:51 Comments: There is a place for everything and this is not the place to be putting in a 4-5 story, 40 unit condo/apartment unit. Looks like greed to me and it is to small of an area to do this. It's a wetland for nature to use! 73. Name: George Jones on 2017-06-03 03:22:09 Comments: I live about a 2 wood away from the site of this proposed debacle. It does not belong in that location. It does nothing enhance the character of downtown Orono (Navarre). Traffic has already ballooned to an unsafe level in that area. Please do not change any zoning or approve variances to allow this project's approval. 74. Name: Anita Ridge on 2017-06-03 04:17:05 Comments: Page 8 of 18 75. Name: Ashley England on 2017-06-03 04:32:40 Comments: 76. Name: Kevin Duck on 2017-06-03 04:54:28 Comments: No way, any cars too many people too many more boats. We don't need to cram people in here it's already full. Look at how close the houses are to their neighbors. Find something somewhere that already exists! How much irony in having a freshwater area donated, dedicated to always be undeveloped that way and then you put in a bunch of apartments, boat slips and hundreds more cars on our little go cart track of 30 miles an hour in and out of town, depending on who the front vehicle is and if they decide to go the speed limit otherwise there's always a train of cars going 25-30 in a45 mph. It's just all gotten crazy. 77. Name: Connie Clair on 2017-06-03 08:44:56 Comments: 78. Name: Janice Jamieson on 2017-06-03 11:29:38 Comments: How can this benefit the environment or the quality of life here in Navarre? It will not. 79. Name: David Jamieson on 2017-06-03 12:11:58 Comments: 80. Name: Nikki Jabs on 2017-06-03 13:28:09 Comments: 81. Name: Kelly Eiss on 2017-06-03 13:28:44 Comments: 82. Name: David hardten on 2017-06-03 13:46:45 Comments: 83. Name: Lynn Adams on 2017-06-03 14:33:07 Comments: 84. Name: v Maddock on 2017-06-03 15:13:03 Comments: 85. Name: Sue Heurung on 2017-06-03 15:52:21 Comments: 86. Name: Betsy Myers on 2017-06-03 17:18:38 Comments: Navarre cannot handle a development of this size!! Page 9 of 18 87. Name: Lori schlottman on 2017-06-03 17:20:08 Comments: 88. Name: Debbie White on 2017-06-03 18:38:24 Comments: I used to live in Navarre for many years and I agree that the area cannot support this type of development for a variety of reasons, Traffic flow being one but as already stated, the irony of building high density housing on a protected habitat and fresh water area. Making money should not be the primary concern. 89. Name: Michelle Brassington on 2017-06-03 19:13:42 Comments: 90. Name: Barbara Bedell on 2017-06-03 19:18:10 Comments: 91. Name: Brooks chandler on 2017-06-03 19:29:45 Comments: 92. Name: Heather Parris on 2017-06-03 19:43:39 Comments: 93. Name: Pamela Bozonie on 2017-06-03 19:51:17 Comments: Doesn't fit our community and would destroy our wetlands! Absolutely not! 94. Name: Stacy Joslin on 2017-06-03 20:19:42 Comments: 95. Name: June Tearle on 2017-06-03 20:37:29 Comments: We live in Navarre. 96. Name: Lori Spear on 2017-06-04 03:05:13 Comments: Too large for the street. 97. Name: Owen Liu on 2017-06-04 06:38:30 Comments: 98. Name: Dave Fredrickson on 2017-06-04 13:55:54 Comments: 99. Name: Mary Benson on 2017-06-04 14:19:40 Comments: Page 10 of 18 100. Name: Andrew Schmidt on 2017-06-04 17:32:55 Comments: 101. Name: Jamie Lohr on 2017-06-04 17:33:50 Comments: 102. Name: Betty hayes on 2017-06-04 17:35:02 Comments: the proposed site is inappropriate for a multi-tenant complex. In addition, the Increased traffic would be a negative impact on the area. 103. Name: Scott Brown on 2017-06-04 19:50:12 Comments: Destroys wetlands, traffic would be excessive Just not what we want for our community 104. Name: Pamela Scott on 2017-06-04 20:39:19 Comments: Traffic congestion; noise levels; the impact on the fragile lake area; the addition of this building will be so very harmful in so many ways. 105. Name: Dave Schneider on 2017-06-04 22:43:20 Comments: 106. Name: David Wheaton on 2017-06-05 02:05:36 Comments: Please do not do this. High density housing will make an increasingly congested area even more so. In my opinion, the over development of Wayzata has ruined the city. Don't do the same to Navarre. 107. Name: Brodie Wheaton on 2017-06-05 03:14:27 Comments: There is such a push in every local community to bring in these big condo/apartment buildings. Lets keep Navarre quaint and small! The traffic is already a problem during the week and this will make it much worse. 108. Name: Marry Bliskowski on 2017-06-05 06:58:45 Comments: NO... to this development 109. Name: Chris Joslin on 2017-06-05 12:28:13 Comments: Please stop the development! 110. Name: Camille Sherman on 2017-06-05 13:09:25 Comments: 111. Name: Dennis Richards on 2017-06-05 13:31:43 Comments: Remove the bridge at the Narrows if this is built to keep the line of traffic Page 11 of 18 backed up in Orono. 112. Name: regina engebritson on 2017-06-05 14:00:06 Comments: 113. Name: Jim Gagne on 2017-06-05 14:08:24 Comments: 114. Name: Sheila Bakke on 2017-06-05 14:42:09 Comments: As I recall, when the Fresh Water Institute first acquired that land it promised that that land would never be built on, primarily because it was a wetland. Of course that promise was broken when some of the land was donated to the U of M which chose to sell it for single family houses on Old Beach Road. Orono should not let that happen again. 115. Name: Rebecca on 2017-06-05 14:57:30 Comments: 116. Name: Lee Louise Sundet on 2017-06-05 14:59:06 Comments: 117. Name: Heidi Haberman on 2017-06-05 15:07:41 Comments: 118. Name: Suzanne Walcher on 2017-06-05 17:28:15 Comments: It's quite challenging and often dangerous to take a left hand turn onto Shoreline Drive when driving south on CR-19 at rush hours, as it is (no left arrow going this direction). I can't imagine how it would be with additional traffic that would be added by this development. In addition, this structure would tower over existing homes and be detrimental to the preserved wetlands. I'm very much against this. 119. Name: Aaron Gross on 2017-06-05 18:21:41 Comments: Stop development. 120. Name: Julie Hadden on 2017-06-05 21:10:43 Comments: 121. Name: Janet Dunn on 2017-06-05 21:53:52 Comments: 122. Name: Linda Ruiz on 2017-06-05 22:39:36 Comments: Page 12 of 18 123. Name: Evalina korba on 2017-06-05 23:20:17 Comments: Did the Lofts and The Mist condos not tank due to over-building? These too shall burst when this current bubble bursts. and what happened to the park island deal? 124. Name: Carol Grones on 2017-06-06 00:45:32 Comments: 125. Name: Joni Lohre on 2017-06-06 02:02:52 Comments: 126. Name: Debbie Getlin on 2017-06-06 02:14:39 Comments: 127. Name: Catherine Dremel on 2017-06-06 02:27:11 Comments: Too busy in area for this type of development! 128. Name: Erin tully on 2017-06-06 04:17:20 Comments: This building is insane. Navarre needs to save its charm 129. Name: Carolyn Squires on 2017-06-06 13:55:06 Comments: 130. Name: Mary Sherman on 2017-06-06 14:07:39 Comments: 131. Name: Emily goetz on 2017-06-06 15:10:56 Comments: 132. Name: Margaret Jagodzinski Wood on 2017-06-06 15:39:37 Comments: I oppose this project because 40 units would cause traffic congestion and have negative impacts on both wetlands and wildlife. 133. Name: Kirk Johnson on 2017-06-06 17:30:21 Comments: I strongly oppose this project! 134. Name: Susan Paulson on 2017-06-06 17:42:57 Comments: Just say no 135. Name: Alyssa Baumer on 2017-06-06 17:43:58 Comments: 136. Name: Linda Kelley Freivalds on 2017-06-06 17:58:08 Page 13 of 18 Comments: I strongly oppose this project. The impact on the already congested traffic would be extremely negative. The projected size and density would have a negative impact on the animals and wetlands. 137. Name: John Freivalds on 2017-06-06 18:00:25 Comments: Strongly oppose due to negative impact on character of neighborhood and dangerously increased traffic on currently congested roads. 138. Name: Linda Sallee on 2017-06-06 20:15:15 Comments: 139. Name: Sonja on 2017-06-06 22:44:05 Comments: 140. Name: Shirley Bull on 2017-06-06 23:10:24 Comments: 141. Name: Cathy Hart on 2017-06-07 03:20:44 Comments: 142. Name: Noah Hoffman on 2017-06-07 03:39:54 Comments: 143. Name: Janice Hurd on 2017-06-07 05:06:25 Comments: 144. Name: Kendall Mclntee on 2017-06-08 00:42:04 Comments: 145. Name: M A Dahlquist on 2017-06-09 00:15:40 Comments: NO!!!! This is a crazy proposal for this site for Many reasons! 146. Name: Larry Lundquist on 2017-06-09 13:29:38 Comments: This is primarily a too tall building. 147. Name: Donna Lundquist on 2017-06-09 13:31:33 Comments: 148. Name: Thomas Codute on 2017-06-10 16:07:09 Comments: Way to big and too many units for such a small area. Congested area, brings more congestion. I strongly oppose this project. Page 14 of 18 149. Name: Patrick Motherway on 2017-06-12 16:37:36 ; tet Comments: 150. Name: Andrew Pratt on 2017-06-12 17:51:14 Comments: 151. Name: Addie Hardten on 2017-06-12 17:57:18 Comments: 152. Name: Melanie Flessner on 2017-06-12 18:08:22 Comments: 153. Name: Shannon Burger on 2017-06-12 18:16:54 Comments: 154. Name: Pete Hanson on 2017-06-12 18:34:53 Comments: 155. Name: Davida Suiter on 2017-06-12 18:35:15 Comments: 156. Name: Anne Nelson on 2017-06-12 18:40:50 Comments: This is out of bounds. Traffic is a nightmare as is. It is not in keeping with the character of the area. Not to say how it will impact local habitat/animals. 157. Name: elli on 2017-06-12 18:55:26 Comments: The impact of this type of project would overwhelm the area in so many negative ways. 158. Name: Linda Meffert on 2017-06-12 18:57:00 Comments: I object having any more traffic on city rd 19. The proposed condo would make it extremely difficult to get in and out of driveways. The line up on 19& 15 he's ridiculous at this point. He's ridiculous at this point 159. Name: Candice Nadler on 2017-06-12 19:07:57 Comments: This is already a dangerous traffic situation. Traffic on County Road 19 backs up for miles - even beyond the Narrows bridge during rush hours. Navarre has no history of such density and is not in keeping with the neighborhood or wildlife areas. County Rd 19 is a major recreational county asset with a huge number of cyclists touring Lake Minnetonka along this route. Single family would be in keeping with the history of this neighborhood. 160. Name: Kris Brown on 2017-06-12 19:19:30 Comments: Page 15 of 18 161. Name: Stephanie Olson on 2017-06-12 19:23:49 Comments: Please rethink this project from a community stand point. This will forever ruin any potential for Navarre to develop into a charming small-town atmosphere, destroy the beautiful habitat and the pleasant skyline, not to mention the traffic!. There are so many possibilities for this location,,,, put a little thought into it. 162. Name: Roban Smith on 2017-06-12 19:30:21 Comments: I don't care for a number of things about this project but the traffic situation at this intersection is already dangerous and I believe this would make it much worse. 163. Name: Sarah Affolter on 2017-06-12 19:40:30 Comments: 164. Name: Rosie iversen on 2017-06-12 19:43:33 Comments: 165. Name: Tracy Turner on 2017-06-12 19:45:54 Comments: 166. Name: Daniel C Buerman on 2017-06-12 19:48:19 Comments: I travel Cty Rd 19 often, sometimes several times daily and the traffic is already terrible without any additional traffic. A building that large would also be an eyesore to what is supposed to be maintained as a Wildlife area. 167. Name: Karlton Gempler on 2017-06-12 20:17:45 Comments: There must be space available that doesn't involve limiting the view to just a few apt. dwellers. 168. Name: Bonnie Lervik on 2017-06-12 22:15:00 Comments: 169. Name: Michelle Heins on 2017-06-12 22:34:56 Comments: Please reconsider the location of this project. Traffic is already terrible at the intersection of 15 &19, this will only make it worse. It backs up to West Point Road during rush hour. I oppose this project. 170. Name: Jim White on 2017-06-12 23:22:59 Comments: A good traffic analysis paid for by the developer and reviewed by the city engineer and Hennepin County would likely show that at peak travel times traffic is already too congested in Navarre. 171. Name: Steve Bakke on 2017-06-12 23:32:24 Comments: Page 16 of 18 172. Name: Evie engler on 2017-06-13 00:04:33 Comments: 173. Name: John Shedon on 2017-06-13 01:35:43 Comments: 174. Name: Deborah Butler on 2017-06-13 01:38:06 Comments: 175. Name: John Motzko on 2017-06-13 02:53:55 Comments: 176. Name: Jamie on 2017-06-13 03:11:50 Comments: 177. Name: Jeff Baumer on 2017-06-13 03:51:51 Comments: I'd like to see a building that would have less impact on the already heavy traffic. 178. Name: Mary Mueller on 2017-06-13 13:45:14 Comments: It is not only traffic, it is the impact upon the wetland area, which is precious to our region. This is one of the last wooded areas adjacent to the freshwater wetlands lets hold on to it. 179. Name: Martha Mayer on 2017-06-13 14:08:21 Comments: 180. Name: Dick Adams on 2017-06-13 15:59:58 Comments: I am strongly opposed to the proposed development. We do not have the road capacity for the project, it would impact the charm of the area, and it is not in keeping with the comprehensive plan of the City of Orono. 181. Name: Curt Holt on 2017-06-13 17:05:31 Comments: I oppose this development as described. In addition to increasing traffic on already congested local roads, this project is simply too large and not in scale with the neighborhood. It would also adversely affect the adjacent wetland and the natural flow of water into Lake Minnetonka. 182. Name: James Brisley on 2017-06-13 19:12:20 Comments: 183. Name: Bill Boudewyns on 2017-06-13 19:33:02 Page 17 of 18 Comments: 184. Name: Blaine P Bailey on 2017-06-13 19:41:04 Comments: 185. Name: charles nadler on 2017-06-14 01:11:40 Comments: As so many other citizens, I am very concerned about the increased traffic, the outsized development for the neighborhood , impact to the wetlands and what liberal interpretation of variances could allow this project even to get to this stage. One final point, the traffic was so bad on 19 over a decade ago that commuters were using Old Beach Road as a shortcut to CR 15 that the city closed the Old Beach Road entrance onto CR 19. The traffic now back up to the Narrow bridge during rush hours. When will the city of Orono learn? 186. Name: Ann Purcell on 2017-06-14 03:23:15 Comments: 187. Name: Julie Ellingboe on 2017-06-14 14:59:20 Comments: 188. Name: Brenna Mueller on 2017-06-14 18:28:51 Comments: Page 18 of 18