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HomeMy WebLinkAbout09-18-2017 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE I � , I ❑ COUNCIL jiZt 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. /)1 11'A et el 11-1/,:ikieccf- cit4 id Ak fi-4-1,-,.k.c r 0424 ft* • / 7 — 6, 2 2. c.; b z v wt . S2&v Liz ; 2 /- M 17 ` 1621 3. t- - r., ,(4 d „,n (�L,L4, (-(16l. 116 5 c cccC J [C� ,.{c_C f --' 3 `r(ci 4. S `ili 'J 1 i-.(bV'1 1535 Del(ii1AVA /11,1 a-I p) 17 - 3 (,Y 5. Ad/IL, k. ie ) td,cjaL -2„'k g io io I )_36;- 6 6. LL ,,,\ ` t 1.6 \ Y ._.-L,„ --s L-- i 2 - -3 , 6,‹ 7* /1.4Wcior/frt.- /47,,i, -,-7ik_As : 00_(,. ( -7--cei6 8. -6J � e11?,5 . C. ,i& ►,_,/ a 1/E\ 5t�(_,,c_b_, I � - -� � . 9. ,f-i-, (-) „C, ,,,._:^ _eiii, - t( 1o. 1 A L.,0 4-t Tr 3 c '7S -Toc1,0 � ( 7- ii6 q 11. l ci+, u ()vr-mti J 3 J ` 7Z c f 12. 5(011— —ca.f 'i3 \7-$300 iki-v? z -1,44- / 7 3 no 13. 14. 15. V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC ! ``� nr ow 75- -0.At0 Z county Rnad 6 t= Lake — i 41: 6rh Ave JosseR •- .,i , i a AGENDA e ; x'1,0' `,`W. 2> RerfeatIonat e �� City of Orono Planning Commission Meeting for ..1,' �e�KESHOItt`G� i if 17-396 •Hm+.., am.Im„�� September 18, 2017; 6:30 PM i.-: ! ��'”" �'1y. Orono Council Chambers, 2780 Kelley Parkway, Legend i _ • r Orono, MN 55356 i p5 City Limits tri I �.-----H19hvay-tg— - He � �"�"��1 !� - a 952-249-4600/www.a.orono.mn.us 1 I _ way:Nilo p� c hong lake i flo, Council Representative: Victoria Seals i'•re„�nR, o - •k+ �• aaa New Business NwCoantyRaas149-R 0 ---- i y�.a�tmell 1. Approval of Planning Commission �' Meeting Minutes of August 21, 2017. r‘::,,,,;1°,42. 17-3965 Gordon James on behalf of —� David and Lynn Gutermuth, North Ann Dr __..-.—.....:. `��� _' 2665 Casco Point Road, a r ; ro T. a Variances (Staff: Laura Oakden) it SSS. \ 'y \ .. =/ , 40___ 3. 17-3967 Hendel Homes on behalf of -County Road t64-.-- —Weapggnch Rd-- 'Sc 0 i Michael and Vanessa Smith, :, , Orono 3060 North Shore Drive, r ,” + Variances (Staff: Laura Oakden) r s, \� fish II 4. 17-3968 Sharratt Design Co. on behalf of , torte I Fred and Patricia Johnson, Lido �, �` 1565 Orchard Beach Place <,, 7-3967 �.;\ Ilirl: / (PID 07-117-2343-0026), III_ Variances (Staff: Melanie Curtis) f +� #17 / 5. 17-3969 David Weekley Homes, Orono _�... ,.»? ��•, _�` Preserve RPUD Agreement ���� ' Amendment Mt.p., i t ) (Staff: Jeremy Barnhart) i , , m ‘, •'Ar. 6. 17-3964 Mary Schommer, �..4w�ry fr 3635 Togo Road, Sketch Plan �`` 11511 take (Staff: Melanie Curtis) P. /11.11-71S 'vtinnet-- Beach !; ti Minnetos 44 - It ifm„>�,n .,.1..►'� 1 7-3964 i i . )i . „' -' -.�.� —Spring-Park__ sv* ■ i ■ ,:, ,4.i —Sh«.gn.w ft •. R1M111.11ru�n�y' �� ,.� Deeptu�en Mound a4y 1' e i e,t e\':d 'NSS i -`Sk i ��� +.•• .�� #17-3965 N. .� "d .�` �.� t`�ahrp.�d i # - ,�1•, .�� E �� `,__ g .�� ,gyp 9-18-2017 a, i0 c ; .= ntaneneste+RdI �� y •���� r•-” PC Mtg II �`4, It ...een49 s1m11f11m11mi,m1,rn7m,im,mstn""..,..R, Disclaimer: This drawing is neither a legally recorded map nor a BOLTON survey and is not intended to used one.This drawing is a compilation of records,information,and data 0 2,000 Feet & M E N K located in various city,county,and state offices,and other sources affecting the area shown and is to be used for reference purposes only.The city of Orono isnot ©Bolton&Menk,Inc-Web GIS 9/15/2017 11:04 AM People.Real Solutions. responsible for any inaccuracies herein contained. Real MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse,Commissioners Kevin Landgraver,Bruce Lemke,Denise Leskinen, Chad Olson, Loren Schoenzeit,and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart,City Planner Melanie Curtis,City Planner Laura Oakden,and Recorder Jackie Young. Chair Thiesse called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 17, 2017 Landgraver moved,Leskinen seconded,to approve the minutes of the July 17, 2017, Planning Commission meeting as submitted. VOTE: Ayes 7,Nays 0. 2. 17-3949 DALE GUSTAFSON ON BEHALF OF KEVIN KRETSCH,3155 CASCO CIRCLE,VARIANCE,6:32 P.M.—6:44 P.M. Dale Gustafson,Applicant,was present. Oakden stated the applicant is requesting a setback variance for construction of new retaining walls within 75 feet of the OHWL in the lake yard. The applicants are adding retaining walls and landscaping along the shoreline. The property abuts Lake Minnetonka and has a slope into the shoreline. There are currently stairs leading down the slope creating an access to the lake. The applicant is proposing to replace the stairs in kind and to strengthen the slope along the lake by installing additional retaining walls. The applicant is working with the Minnehaha Creek Watershed District to add rip-rap along the water line and they are also proposing to add boulders above the rip-rap along the base of the slope creating what appears to be a retaining wall to protect the rip-rap and slope. The proposed walls range between one and four feet high and run from property line to property line creating the need for a building permit. The walls are also situated at the ordinary high water line of the lake. The applicant is hoping to proactively prevent further erosion of the slope. The City Engineer has reviewed the proposal and is requesting a building permit be obtained in addition to engineering of the walls. Included in Staff's report is an analysis of the practical difficulties for the variance. The applicant has submitted some photographs of the existing stairs they would like to replace in kind. In addition, Staff has conducted a site visit and took photographs as well to illustrate the current condition of the slope. Oakden displayed a photograph of the existing stairs looking to the east. With regard to the walls protecting the stairs, Staff finds practical difficulties exist with the existing conditions and find a need to stabilize and protect the slope from erosion. Staff has concerns regarding the linear retaining wall that runs along the shoreline that is connected to the rip-rap. A thorough grading review by the City Engineer will occur upon submittal of the building permit Page 1 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. for the walls. Staff is suggesting approval of the project with screening of all of the retaining walls being required to preserve the natural look of the shoreline when viewed from the lake. The Planning Commission should discuss the issues outlined in Staffs report. The Planning Staff recommends approval of the variance with the following conditions: 1. Submittal of engineered plans with the building permit application; 2. Approval applicable permits from the MCWD; 3. Vegetative screening plan to provide a natural looking slope when viewed from the lake;and 4. Removal of the wall directly above the rip-rap or,if the wall is necessary to the stability of the slope,the applicant should provide justification and a revised plan which allows for vegetative screening of the bottom wall without justification. Staff recommends denial of this wall. Oakden played a short animated video of what is being proposed by the applicant. The Planning Commission had no questions for Staff. Dale Gustafson,Developer,stated he completed the design of the project and that he is fine with the recommendations of Staff. Thiesse asked if there is justification for the sea wall. Gustafson indicated it is commonly called a curve wall,with the curve of the wall being within the range of where the MCWD says the rip-rap should be. Gustafson stated whenever there is a steep bank, the rip- rap is placed at a low angle so it does not get pushed up the hill. Putting boulders on the edge of that will get you to the edge of the bank. Gustafson stated the reason for the wall on the right-hand side that appears in one photograph to be back a few feet is in the area where it is all dirt. The other photograph shows annual weeds,which does not hold the soil. Gustafson indicated that area is already eroded and giving away. Gustafson stated if it is not fixed now,they will probably have to come back and fix it later. Landgraver asked how it will terminate at the property line. Gustafson indicated it will tie back into the bank at the property line by the rocks. Landgraver asked if it will route water over to the neighboring property. Gustafson stated it will not. Gustafson stated they are attempting to keep more of the runoff from this site on the property and that the runoff will come down the bank and not go onto the neighboring property. Schoenzeit asked why the normal detail that the Minnehaha Creek Watershed District uses on Lake Minnetonka does not work for the applicant. Gustafson stated the guidelines are set up for a 3:1 slope and this bank is steeper than that. As a result, the rip-rap should come up and meet the grade to avoid making the slope steeper. Page 2 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Schoenzeit noted other property owners with the exact same problem have not constructed a wall that Gustafson stated there are more curve walls being installed on the lake. Gustafson stated with the high water and the wave action,erosion was occurring above the rip-rap and as a result the Watershed District said that the rip-rap needs to go higher in order to hold the slope. Schoenzeit commented rip-rap is more natural and is not a wall. Gustafson stated it will not be a big wall and that the grasses will grow over the edges. Gustafson stated in the end it will not look much different from rip-rap. Gustafson noted the neighbor has the same thing and that this will blend in. Thiesse asked if he is comfortable with Staff's requests. Gustafson indicated he is. Chair Thiesse opened the public hearing at 6:42 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:42 p.m. Lemke commented the proposal makes sense. Thiesse stated his only concern related to the wall and that the applicant has addressed his concerns,with the City Engineer and Watershed District reviewing it. Thiesse asked if there was a letter that indicated the Watershed District did have a detail but have never used it. Oakden stated to her understanding it has been a while since they have used that style of detail. Landgraver stated in his view if the applicant conforms with all of Staff's recommendations, it will be a positive. Landgraver moved,Leskinen seconded,to recommend approval of Application No. 17-3949,Dale Gustafson on behalf of Kevin Kretsch,3155 Casco Circle,granting of a setback variance subject to the conditions outlined in Staff report. VOTE: Ayes 7,Nays 0. 3. 17-3963 JHG PROPERTIES,LLC,4035 DAHL ROAD,PRELIMINARY PLAT AND VARIANCE,6:44 P.M.—7:16 P.M. James Gilbert,JHG Properties,LLC,was present. Curtis stated this property is located within the LR-1B,lakeshore residential district requiring a minimum of one acre and 140 feet in width per lot. The applicants are requesting approval of a lot area variance with a Class III subdivision in order to subdivide the 1.82 acre property into two buildable lots. The applicant is requesting a variance from the minimum lot standards in order to create one additional lot. The development would create one conforming 1-acre lot and one .67 acre lot. The remaining two- tenths of an acre would be dedicated right-of-way. The property is currently within the Tier 2 hardcover Page 3 of 25 , MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. zone limiting hardcover to 30 percent. Proposed Lot 2 would remain in Tier 2. Based on the building footprint location of proposed Lot 1, after analysis it appears that Tier 3 or 35 percent hardcover limitations would likely apply. Curtis noted the Comprehensive Plan provides guidance to the City in adopting ordinances and policies to achieve the goals and vision of the City. Based on the guidance from the Comprehensive Plan,the City adopted zoning regulations establishing minimum lot sizes,including those for the subject parcel. The low to medium density category was not intended to suggest that the City would change the zoning to allow creation of new lots that are substandard. Since 1975 the City has only twice allowed the creation of new lots with substandard area. Both were in 2-acre zones and both were for what can only be considered political reasons. In every other instances when substandard lots are created they have been created via the PRD process and the City has required the underlying density still be met by the overall creation of open space outlots. The Conservation Master Planning requirements apply to all proposed residential subdivisions or multi- unit residential developments greater than five acres in total area or guided for urban density. The property meets the urban density guidance trigger and a conservation design pan is required. The applicant is requesting a waiver of this requirement. The Planning Commission should provide direction on this issue;however,the City Council will make the final decision. Staff provided a practical difficulty analysis within the Staff report. Tonight the applicant should be asked to discuss the practical difficulties supporting their variance request. Staffs analysis found that the applicant failed to satisfy all of the practical difficulties necessary to grant the variance,which is also necessary in order to approve the subdivision. The City has historically not created substandard lots without a rezoning or PRD process. Staff did speak with one neighbor who was not in support of the variance and/or subdivision of the property. This neighbor further stated their concern was the lack of regulation preventing the type of construction the applicant has identified on 940 North Ann Drive. A comment letter from another neighbor was received today and has been distributed to the Planning Commission. Curtis noted the home on 940 North Arm Drive was constructed in accordance with the minimum building code standards. The City does not and may not have a prohibition on any of the different home or construction types which meet the building code. Staff suggests the City Council may want to explore the regulations which govern construction types or minimum construction standards relating to minimum size and/or width of homes. Specifically if the placement of mobile homes on properties within the City is a concern. The Planning Commission should consider one of the following motions: 1. Approval of the lot area variance in order to create a new substandard buildable lot and approval of the Class III subdivision to create a total of two buildable lots where one lot currently exists. If the Planning Commission finds variance approval appropriate,the applicant should be directed regarding the waiver of the conservation design requirements. 2. The alternative motion to be considered by the Planning Commission tonight is denial of the variance;thereby denying the subdivision request. Page 4 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. The Planning Commission had no questions for Staff. James Gilbert,4030 Dahl Road, stated he is the chief manager of JHG Properties and that he has resided in Orono for over 30 years. Gilbert stated he tries to do what is right and be a positive influence and that he is attempting to be proactive in this situation but that he takes issue with the recommendations of Staff. Gilbert stated he purchased this blighted,rundown property off of the Internet after it was foreclosed upon. Gilbert indicated they found out when they started demolition on it that there were three subbasements. The house was built up from 1926 and onward but not taken care of. The house has been vacant for almost 15 months before purchase and over the years the City has had maintenance issues relating to grass cutting and other problems with the prior owner. Gilbert indicated he bought the property in an as-is condition and that they eventually decided to demo the home. Gilbert noted the owner of 940 North Arm put a trailer home on the property and that all he needs is a building permit to put a trailer home on this property. Gilbert stated it is not his plan to do that but that he does have a concern that it would be allowed in Orono. Gilbert stated they did perform the demolition and it ended up being a lot more work than what was anticipated. Gilbert stated after they filed the application,a letter was distributed to the 18 homes in the neighborhood asking for their input. A written response was received from the McGlynns and the only call received was one from Mr.Wallner on Loma Linda,who expressed two concerns. The first concern related to the size of the home. Gilbert stated he informed him that they do not know how big the house would be but that it would not be any bigger than 3,500 square feet. Gilbert stated he has a footprint about the same size as the current home with a second story being added. The second concern expressed by Mr. Wallner was about an accessory structure that was being proposed that he felt was too close to the property line. Gilbert noted they have removed the existing structure. Gilbert indicated JHG Properties has constructed approximately 10-12 homes in the past as well as the U.S. Bank building in downtown Wayzata. Gilbert displayed a picture of a house in Minnetonka that JHG Properties is constructing right now as well as another home in Minnetonka that they constructed consisting of a 5,000 square footprint. Gilbert stated he does not know the design of this home yet but that it will be a high-quality home. Gilbert noted this lot is 1.82 acres,which is equivalent to a football field and a half. The proposal is that one of the lots would be fully conforming even without the wetland being taken into consideration. The idea was to have the larger lot near North Arm Drive. Gilbert noted there would be some separation between the two homes because of the slope and that they are also proposing to do some landscaping to create more of a buffer from North Arm Drive. Gilbert noted Section 3C of the report says that less than three of the surrounding lots are one acre or less. Gilbert indicated he went on the Hennepin County website for real estate taxes and that he tried to figure out the size of the lots. Of the 18 lots that are either facing this lot or adjacent to it,nine of the lots are less than one acre and nine of the lots consist of one acre. Gilbert stated in his view creating the two lots would be in conformity with the neighborhood and that everything that will be built will be in compliance with the requirements of the City. The only variance being requested is the lot area variance for the smaller lot. Page 5 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Gilbert stated the other issue he has with Staffs report is that there is a finding that the variance alters the character of the neighborhood,which in his view is an erroneous conclusion. The Minnesota Supreme Court held in 2008 as well as in the mid-1970s that unlike use variances,area variances do not alter the character of the zoning district. Gilbert stated what they are doing here is not altering the use but rather asking for a variance to the size of the lot. Gilbert stated as a matter of law the neighborhood will not be altered. In addition,the City Council just approved another variance. In the Bjerkland variance,the City Council found that single-family use is consistent with Orono's Comprehensive Plan. Single-family use for both of these properties is consistent and in harmony with the Comprehensive Plan. Gilbert noted state law controls the ultimate issue here as it relates to practical difficulties. The statute contains three elements,. The first provision states the use of the property in a reasonable manner not permitted by zoning ordinance. Gilbert stated in his view the proposed use of the property is reasonable and that it will improve the neighborhood. It will also create a sense of community. The second element of the statute says if granted,the variance will not alter the essential character of the locality. Gilbert stated their proposal will not alter the character of the locality since it is not a change in the use. The third element states there are circumstances unique to the property not created by the landowner. Gilbert indicated they purchased the property to preserve and improve the neighborhood and that they would not have purchased the home if they had known there would be a trailer home on the lot right around the corner. Gilbert stated this is a long,narrow lot which has created problems with the City over the years in terms of maintenance of the property. Gilbert noted he has hired a grass cutter to mow the grass. Gilbert stated in his view their request is in harmony with the Comprehensive Plan and that they are in full compliance with all of the other regulations. Gilbert requested the Planning Commission approve the request and grant the variance. Leskinen asked if there is a reason why they would not just build a house on the existing lot. Leskinen stated she is struggling with the practical difficulty since they can make use of the full lot without subdividing it. Gilbert stated it would require a house over a$1 million and that in his view the neighborhood would not support that since it does not have lakeshore. Gilbert noted the property is approximately 200 yards from the lake. In the Bjerkland proposal,that was a lot line change and the City Council approved that because it would create another lot on the lake and create a view for the second lot. Gilbert noted they are not asking for that and that state law requires that Lake Minnetonka be a public domain for all the public and not just for Orono. Gilbert stated in his opinion their findings are almost identical with Bjerkland's findings. Curtis stated Mr. Bjerkland had two lots,one lakeshore and one non-lakeshore. In that situation,the City Council approved a lot line adjustment to create two lakeshore lots out of those two building sites. Thiesse stated to his recollection the City required the lots be conforming. Lemke noted they were also two existing lots. Page 6 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Gilbert commented they created a new lakeshore lot. Gilbert noted the findings state the granting of the application is necessary for the preservation and enjoyment and is a substantial property right of the applicant. The Planning Commission voted against that and the City Council reversed that. In addition, the granting of the proposed variance will not in any way impair the health, safety,comfort or morals in any respect and would be contrary to the intent of this Chapter. Gilbert stated they meet that requirement as well. The third finding was that the size, shape and orientation of the properties raise practical difficulties. Gilbert stated he believes his situation is no different when considering the rationale in the Bjerkland application. Thiesse pointed out Bjerkland had two lots to begin with and ended up with two conforming lots,and in this case there is only one lot and he will end up with one conforming and one nonconforming lot. Lemke asked if there is city sewer available. Curtis stated there is. Chair Thiesse opened the public hearing at 7:09 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:09 p.m. Schoenzeit asked if the Metropolitan Council has approved a second connection. Curtis stated they have not. Leskinen stated historically the City does not create nonconforming lots and that she does not see a compelling reason to change that in this case. Leskinen stated the applicant has reasonable use of the one lot and that it does not meet that section of the practical difficulties since reasonable use can be made without subdividing. Landgraver indicated he is in agreement with Commissioner Leskinen. Lemke stated it does not parallel the other decision since there were two lots initially and both ended up being conforming. Schoenzeit stated in his view the standard of practical difficulty has not been met and that there is one lot so there should be one house. Olson stated his biggest concern is that it will set a precedent. Schwingler stated in his mind it is pretty straight forward and that it would be creating a nonconforming lot. Landgraver stated it should be acknowledged that the applicant is taking a less than desirable property and improving it,which should be encouraged,but that this Planning Commission has never approved a nonconforming lot. Thiesse stated he would agree with that. Page 7 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Jackie Neve,4060 Dahl Road, stated she has lived on Dahl Road for 40 years and that she lives across from this property. Neve stated her biggest fear is that because it is 1.8 acres and if the Gilberts decide that it is not economically feasible to build a big enough house,that the neighborhood would end up with a mobile home on there when they sell the lot. Neve noted there are lots in the area that consist of.4 and .5 acres and that it was that way when she moved in 40 years ago. Neve stated the idea of having the smaller lot on the hill closer to those smaller lots would not detrimentally impact the neighborhood and that she is okay with what they are proposing and that it would be preferable to it being left vacant or having a mobile home on it. Thiesse commented he understands what she is saying and that the Council could decide to approve the request. Lemke moved,Leskinen seconded,to recommend denial of Application No. 17-3963,JHG Properties,LLC,4035 Dahl Road,Preliminary Plat and Variance. VOTE: Ayes 7,Nays 0. 4. 17-3962 LAKE WEST DEVEOPMENT,LLC,ON BEHALF OF RICK AND BARBARA LUPIENT,PIDs 20-117-23-42-0001/0002/0003 (Lots 1,2 and 3 Casco Point Addition)"Ivy Place", PRELIMINARY PLAT,7:16 P.M.—8:40 P.M. Curt Fretham,Lake West Development,was present. Barnhart stated the City has received a request for preliminary plat approval of a proposed two-lot subdivision of a vacant property located at the northerly end of Ivy Place on Casco Point. The project is located on Casco Point on a peninsula near a lagoon on the east side. The aerial photograph shows a vacant parcel,a boathouse,a generally flat peninsula,and a lot of volunteer vegetation which would be removed as part of the project. The property consists of three existing tax parcels,which the applicants propose to reconfigure to result in two residential building lots,each meeting the size requirements,and one outlot as a front lot/back lot configuration. Based on the preliminary pad layout,it does appear that the structures themselves would meet the setback requirements,or at least building pads are depicted on the plan showing an adequate building pad without the need for variances. Also proposed is the vacation of an existing roadway easement through the parcels,which will be replaced with a new one that better aligns with the proposed development pattern. The property will be served by municipal water and sewer. Barnhart noted there are a number of easements that impact the property,with many of them remaining in effect and the others being modified. There is a view easement over the northern half of the property in favor of a private resident across the bay. That is a private easement and the City is not looking to enforce that but it is shown to be preserved as part of the plat. In addition,there is a sanitary sewer main that is protected by an easement. That easement does not necessarily follow exactly where the sanitary sewer line follows so some modification will be necessary. The proposed plat shows that easement on the west portion of the property. Easements to be vacated include a private driveway easement that includes a private cul-de-sac and a utility easement that does not match the actual location of the sewer lines. Staff has been advised that the existing sewer connection for the residence at 3560 Ivy Place crosses the applicants' property. This will need to be confirmed,and if it exists,the encroachment should be Page 8 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. eliminated by relocating the sewer connection or the applicants must grant an easement for the encroachment. The survey indicates that a small portion of the deck for the house at 3560 Ivy Place may encroach into the applicants' property. In addition, a portion of the driveway serving 3560 Ivy encroaches into the applicants' property. Possible remedies for these two encroachments include a lot line rearrangement, an easement,or removal of the encroachment. The applicant's proposed driveway parallels this encroachment. Access to the site is via a road easement that extends through 3560 Ivy Place. An existing driveway easement will be vacated and replaced with a 30-foot wide Outlot A that will serve both Lots 1 and 2. Outlot A will be located within the 75-foot lake yard but generally outside of the drainage and shore stabilization easement. A portion of the outlot will encroach into this easement because the existing road easement terminates into the drainage and shore stabilization easement. Establishment of a cul-de-sac or more functional turnaround at the end of Ivy Place would be desirable but there is not sufficient room to accomplish that within the existing right-of-way. Acquisition of additional right-of-way from the applicants' property would seem to be of marginal value given the configuration of the property and the close proximity of the lakeshore. The neighboring property owner has raised concerns with access and the applicant's attorney has responded. As a result of it being a private driveway,the City is not in a position to arbitrate the access question. Because this is a peninsula and because both lots having shoreline on two sides,the average lakeshore setback should be addressed as part of the approval resolution. It would appear that the location of the adjacent home at 3560 Ivy should be the defining property for establishing average lakeshore setback on the lake side. The home at 3560 Ivy appears to be 35 feet from the lake. Since the survey indicates that 3560 Ivy does not abut the lake on the lagoon side,there would be no average lakeshore setback on the lagoon side. Any new homes on Lots 1 and 2 must be at least 75 feet from the shore and Staff would suggest that 75 feet become the required average setback regardless of which lot is built first. The proposed plan shows both lots having a conceptual footprint preserving the 0-75 foot lake yards. Barnhart noted there is a wetland that runs along the entire perimeter of the property and a very small wetland within existing Lot 3. The applicant proposes filling this wetland. Approval from the Minnehaha Creek Watershed District must be obtained prior to preliminary plat approval. A wetland buffer of 25 feet will be required by the Watershed District. The City requires a setback of 10 feet from the buffer for structures and hardcover. The wetland along the shoreline and its buffer/setback impact the proposed driveway at the extreme south end of the parcel and a wetland variance will be necessary for the driveway. A Conservation Design Report has been submitted and identifies a number of boxelder and elm trees. The applicant's landscape plan suggests the planting of 94 new trees on the property. The Fire Chief has recommended that the residences be provided with fire suppression sprinkler systems and that no contractor parking be allowed on Ivy Place during construction. In addition,it was recommended that the driveway be wider than eight feet to better accommodate emergency and service vehicles. Staff recommends approval with the following conditions: Page 9 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. 1. No structure may be closer than 75 feet to the lake on either side. 2. The property line between Lots 1 and 2 shall function as a side property line,requiring a 15-foot setback. 3. The applicant must comply with all comments of MCWD outlined in their memo of August 10, 2017. 4. The applicant should submit declaration and documentation of a wetland buffer as required by the MCWD. 5. All comments of the City Engineer outlined in a memo dated August 14,2017, shall be addressed. 6. Comments from the Fire Chief shall be addressed. 7. Additional approvals include the following: a. Variance from the wetland setback. b. Variance of wetland buffer impact from the Watershed District. c. Conditional Use Permit for filling in the floodplain. d. Successful vacation of the existing driveway easement. e. Successful realignment of an underground utility easement. Landgraver stated to his recollection at the time of sketch plan review there was an issue with the view easement. Landgraver asked whether that was regarding Lot 2. Barnhart indicated it is. Landgraver asked if the location of the house on Lot 1 complies with the side lot setback. Barnhart stated the required setback is 10 feet and the plan is showing 16 feet. Lemke asked where the existing house is. Barnhart illustrated the location of Lots 1,2,and 3 on the overhead as well as the existing home and garage. Lemke asked if the existing home would be set off from the proposed house. Barnhart indicated it appears to be close to the property line but that he does not know what that distance is. The proposed house shows a 16-foot setback. Thiesse asked if there are concerns with construction staging that would cause problems with the average lakeshore setback. Barnhart suggested the average lakeshore setback be identified as part of preliminary plat approval. If both of the new homes are at 75 feet,that would be the average lakeshore line on both sides. Page 10 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Schoenzeit asked if the one-story limitation and sprinkler would be recorded on the title. Barnhart indicated it would be a restriction on the property if it is approved. Thiesse noted the Planning Commission has no control over the single-story limitation. Barnhart stated it would be up to that property owner to enforce the view easement and that the City would have a hard time denying a two-story house that meets City requirements based on a private agreement. Barnhart stated the sprinklers are enforceable by the City. Lemke asked if the sewer will work given its proximity to the water. Barnhart stated that is where the existing sewer is and that it would remain as is. Curt Fretham,Lake West Development, stated he is here to answer questions. Lemke asked if one unit would make it economically feasible to develop the property. Fretham noted it was originally platted as three lots and that what they are proposing is very reasonable in terms of the two homes. Fretham stated if the site was developed as one lot,he is not sure how big that house would get someday. Chair Thiesse opened the public hearing at 7:33 p.m. Tera White,3560 Ivy Place,stated their house is located at the bottom of the hill and all the water runs down the hill and floods into the lower lot. White expressed a concern with adding hardcover and runoff to the already existing water that runs down the hill. White stated at times that creates a pond and that she is concerned they will have runoff onto their property after construction. White stated she is not sure a 10-foot setback will be sufficient for a swale between their house and this property. Jay White noted the house will also be 1.5 feet higher than their home 15 feet away and that they would request some consideration be given to an additional side setback. Tera White stated their other concern is that they have not heard any sort of plan regarding the sewer and gas encroachments. White stated in 1970 the sewer went in but that it is not within their property and is an encroachment. White commented they do not know where to put it,nor do they want to incur the cost of that since they just installed a new driveway and it would have to be ripped up if the lines were relocated. White commented the project seems to be very impactful to them and that they have concerns about that. White stated the utilities were allowed to be installed on land they did not believe would be buildable and was not their choice. Jay White noted it was considered wetland two years ago. White stated in regards to access,a 12-foot driveway would put it within two feet of the lake and that he is not sure how a truck would get through there. White stated at the last meeting the City had suggested barging in a lot of the fill and equipment and that they would support that rather than having huge trucks coming up a private driveway and making that turn. Page 11 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Tera White stated they also back up the driveway to make that turn and that they have encountered people coming down the hill as they are backing up. White commented they would now be adding two other families with possible multiple drivers,which would add to the congestion. Jay White commented there are safety concerns associated with that. White stated since it will not be a public road so the City is not considering making any improvements. White noted there is no agreement concerning the driveway and that he would ask the Planning Commission to consider whether it would be better for only one home to be built. White stated in their view adding two home would not be safe. As it relates to the outlot,White stated that will end up being a private shared driveway off of their driveway and not dedicated as a public road. White commented he is not sure if a variance is needed or how it works,but the subject lot has no hardship. White stated the access should go directly to the setback and that they are using the outlot to create the two homes and that there will be a lot of hardcover in the impact area. William "Frenchie"Dampier, 3550 Ivy Place,stated he has spoken with several neighbors who have a concern about an overly cozy relationship between the Mayor and this developer and that they feel powerless to do anything. Dampier stated the common question that came up was why the maximum profit for the developer is the overriding interest rather than maintaining the community's interest. Dampier stated as he understands it,the developer has a contingency agreement with the owners,and should the Planning Commission not approve this,he has nominal costs in the project. Dampier stated they have ignored the fact that everybody who lives on Ivy Place,with the exception of the Whites,live within the 130-foot sight setback. Dampier stated if they are allowed to build within 75 feet,it would preclude him and everybody else who has adhered to that sight setback from ever having a view of the lake. Dampier indicated he has a little over 135 feet from the front of his house to the Lakeshore and that he had to give up eight feet in order to build his house back in 1998. Dampier stated he is familiar with the sightline setback rules and that everybody else has adhered to that 135 feet setback over the years. Dampier stated if they are allowed to put two houses in there at the 75-foot line,it will change the character of the neighborhood permanently. Dampier questioned whether they would all then be allowed to move forward. Dampier noted he also found out recently that 15 feet of the street belongs to him and that he can use that 15 feet to justify building closer to the lakeshore. Dampier commented it is going to be a never-ending battle unless another approach is taken to developing this land. Dampier stated it is not a hardship for somebody to build a house with a compromised setback but it is just not as profitable. Dampier stated as has been mentioned,the point of the peninsula has always been wetlands. Dampier stated if it has been defined as 168 square feet,that's fine,but that he knows it has been much bigger than that over his lifetime. The flood water coming down the hill does turn that whole point into a pond, which causes the developer to have to raise the land. That,in turn, will cause drainage problems for the neighbors. Dampier expressed a concern about how many dump truck loads it will take to raise the elevation of the land and how many trucks will be going up and down the road. Dampier stated the road is not rated for heavy trucks and that it has less than two inches of paving in spots. If heavy traffic is allowed on the road,the road will crumble. Dampier stated at a bare minimum,if this is allowed and barging is not required,the City should demand some type of surety bond or warranty to ensure that any damage to the road will be addressed by the Page 12 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. developer. Dampier stated the congestion from construction crews and equipment will bring further problems and damage to the neighborhood. Mark Pfleghaar,3509 Ivy Place,stated he would second what Frenchie said about traffic and the condition of the road. Pfleghaar stated there are a lot of kids on the road and that the road can barely pass two vehicles right now. Pfleghaar stated he is not sure if anyone talked to Jim White about why this lot was never developed before but to allow somebody variances for financial gain is senseless. If the Lupients wanted to retire there and build their dream home,the neighborhood would be a lot more supportive of anything happening at all. Pfleghaar stated when he presented some things to the Planning Commission and City Council,he was told that financial gain is not a reason to grant a variance. Pfleghaar stated the developer is building the homes for a profit and that he wants to go outside the rules of the City to do that,which he does not believe is fair. Peter Graffunder,3630 Casco Avenue, stated he is not close to this site and not impacted by the work but that he has great concerns about filling wetland. Graffunder noted earlier photographs depict this area as all wetland and that it has already been filled somewhat. Graffunder stated he is not sure whether the filling was permitted or not. Graffunder stated the mitigation of a 165-foot wetland is a ridiculous amount since virtually all of the site is wetland. Dave Pichotta,2914 Casco Point Road,asked if there have been soil borings done of these lots and whether the Planning Commission or City Engineer has reviewed them. Pichotta stated he stood on his lot near the shoreline by the high water mark from a few years and that entire peninsula was under water. Pichotta commented it seems ludicrous to him that the City would allow building on there,but what is more ludicrous is that the County and the City have been taxing the Lupients for developable lots for so long. Jeff Danberry, 3545 Ivy Place,asked why they want access across Jay's driveway. Danberry asked if that access has already been granted and whether it is for a walkway or for vehicles. Barnhart indicated it is vehicular access and it is already there. Danberry asked if Jay White has any say in what goes on there. Barnhart stated based on the easement he does not. Danberry stated his understanding was his driveway was set up to turn the snowplows around from Ivy Place. Danberry asked if there is an easement to do that. Barnhart stated he is not aware of an easement for that but that there is an easement through Mr. White's property to the point. Danberry noted the street ends at Frenchie's house and from there it is all driveway. Danberry commented it is not very thick asphalt down there and it will be torn up for sure. Danberry stated there should be compensation to Jay by the developer. Danberry asked if they can or cannot restrict the height or not. Page 13 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Barnhart stated one lot is governed by a view easement,which is in favor of a private resident. Barnhart stated the City would not enforce that but that there is an easement that restricts it to one story. Chair Thiesse closed the public hearing at 7:52 p.m. Barnhart noted one of the concerns expressed related to the average lakeshore setback and allowing these properties to be built to the closer than what presumably would be allowed. Barnhart stated if Lot 1 is the first one to be built,when Staff computes the average lakeshore setback,they would look at the adjacent lakeshore lot to that property. Typically Staff would look at the property to each side of the proposed house and draw a straight line between the most lakeward protrusions of each adjacent house. Dampier commented that is not how it was calculated when he requested his building permit. Barnhart stated that is how it is calculated now. Barnhart stated based on the most lakeward protrusion of those two homes,the house can go up to that point. Barnhart noted also in play is the 75-foot lake yard setback and that homes are not allowed to go within 75 feet of the lake. Barnhart stated if the house is 50 feet from the lake,the average lakeshore line would be 50 feet,but that there would also be a 75-foot lake yard. As a result,the house cannot go closer than 75 feet to the lake. In this case there is not an adjacent lake yard for one of the lots since it does not touch the lake and the average lakeshore really only applies to one lot. Staff is proposing that the lake yard on all three sides be 75 feet,which is similar to what was proposed at the sketch plan review earlier. Barnhart stated as it relates to the filling of the wetland, Staff is aware of the history of this parcel and has presented that information to the DNR. Based on the information the City was able to find,the DNR was not willing to say that area was a wetland and thereby protected. Barnhart noted Staff spent quite a bit of time and energy trying to prove it was a wetland and was not able to do so. As a result, Staff went with the wetland delineation that was done within the last eight or nine months ago. That delineation depicted a wetland along the shoreland and also a 168-foot wetland on Lot 3. Barnhart stated those are the known wetlands based on the delineation and accepted by the Watershed District. Barnhart stated with regards to the wetland setback and wetland buffer,with the exception of some areas that the Watershed District is still discussing,the only impact to the wetlands, other than the filling of the 168 foot wetland,is a small portion of the driveway that is necessary to gain access to the lot. Barnhart noted there is no other place to put the driveway other than driving along this parcel,which would still be impacting the wetland and the wetland buffer. Staff felt the proposed location would be the least impact to the neighbor. Barnhart stated the applicant can have an 8-foot wide driveway in the shoreland and in the 75-foot setback area if there are no other options. The developer is proposing 12 feet because it is serving two lots. Barnhart indicated it is up to the City Council on whether to allow the 12 feet,but the additional four feet is to provide more maneuverability in the curves. Thiesse asked if they can construct two 8-foot driveways. Barnhart stated that would defeat the purpose but that they could possibly come back with two 8-foot driveways. Barnhart stated he would like to reduce the amount of hardcover in that area. Page 14 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. As it relates to soil borings, Staff is anticipating pilings or another extraordinary foundation being required for these buildings. Barnhart stated the building officials likely will require some additional engineering or additional proof to show that the foundation can support the building. Barnhart stated Staff does realize it is at the bottom of the hill and that the soils are somewhat suspect. Barnhart stated as it relates to access,there is an access that cuts through private property,which is certainly not an ideal situation,but that is what is available. Barnhart stated it is his belief the developer is attempting to minimize the impact to the property and still provide access but that the applicant is aware of the concerns of the neighborhood. In addition,the fire chief has recommended no parking on Ivy Place during construction. Landgraver asked if Ivy Place is a private road. Barnhart stated it is a platted right-of-way and publicly maintained. Lemke asked if Staff is going to look into the ability of the road to support heavy loads. Barnhart stated he would recommend that verification of the condition be established before construction and then following construction. Lemke asked how much fill will be required. Barnhart indicated he does not have those numbers at this time. Schoenzeit questioned how someone in a floodplain,which is below 932.5,can get to create more land by the lake. Barnhart stated it would be through a Conditional Use Permit and that Staff does not know those numbers yet. Barnhart noted the Planning Commission can either table it or move forward. Fretham stated their engineer has proposed 1,000 yards of fill and that with a typical excavation 200 to 300 yards of material is hauled out and 200 to 300 yards is hauled in. Fretham stated if you times that by two,it will be approximately 1,200 cubic yards,which is a little more than typical. Fretham stated another way to double check those calculations is to take the square footage of the lots and multiply that by two,which is approximately a third of an acre. It would take approximately 1,600 yards of fill for that area. Fretham stated in his estimation they are looking at around 1,200 to 1,300 cubic yards. Fretham stated while it might seem that they will be hauling in a lot of material,a lot of that has to do with the fact that the homes will be slab on grade so there is not a need to haul material out. Thiesse stated stormwater management is a concern of his as well as the neighbor. Thiesse asked how it will be confirmed that the water will not disturb the neighbor's property. Fretham noted he has provided a drawing that specifically addresses water runoff and that what they are proposing should help the Whites. Fretham stated a berm will be installed to help divert the water away from the White's property. Page 15 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Tera White stated they do not have a problem currently but it is the addition of hardcover that they are concerned about. White stated the water appears to be diverted to a swale that is very close to their house and that it will be creating a problem that does not currently exist. Fretham noted there will actually a mound in that area. Tera White stated it does not assure her that they will not get runoff onto their property. Thiesse noted they have contours that show the water will go down Casco and onto the subject property. Fretham stated they are not diverting any water onto the White's property and that it should improve their situation. Fretham noted they will also be adding some underground stormwater treatment on Lots 1 and 2. Thiesse asked how he proposes to address the existing roadway and construction traffic. Fretham stated they are planning to do a thorough analysis of the road independent of what the City does, and if the road is damaged,they will be accountable,but they will know what it looked like before they start. Fretham stated even though the sewer and gas lines are on the subject property,they are not in their way and they are not planning to do anything about it. Thiesse asked if he would give the Whites some sort of easement to repair. Fretham stated that depends. Schoenzeit asked if there is any existing easement for that. Thiesse stated the City is not aware of one. Fretham stated there will be an easement on their side. Schoenzeit noted the other property does not have to grant an easement as part of this project. Fretham stated as it relates to the wetland and the wetland buffer area,the Lupients, in granting this restoration easement,created their own burden by creating a wetland and a restoration easement along the property line that is in conflict to their own interests to the property. Fretham stated the Lupients gave that up and that they are now expecting a variance to the easement will be needed. Thiesse asked if the City was provided with that easement. Barnhart stated he did not provide it to the Planning Commission but that the City does have possession of it. Dampier stated when he was getting his building permit,the City explained that the house to the north was exempt because it was a pre-existing nonconforming structure. Dampier stated to base a setback on a pre-existing nonconforming structure ignores all the potential that exists. Dampier commented not all the Page 16 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. houses will be here 100 years from now or even 20 years from now and at some point the houses will be replaced. Dampier stated what won't be replaced is that sightline,and if a house is set at the 75-foot line and everybody else on Ivy Place is at 120 and 130 feet from the shoreline,that precludes him from using his property to the same degree that is being granted to the Lupients. Barnhart stated he does not know how the rules were applied when Mr.Dampier got his building permit but that he is basing the average lakeshore setback on the current regulations. Dampier stated he was forced to give up a significant portion of his house because of that 130-foot setback. Dampier stated his neighbors were also told that as well as the two new houses on Ivy Place. In all of those situations the City ignored the pre-existing nonconforming structure,but yet the City is using the pre-existing nonconforming structure as the basis for creating the 75-foot setback in this case,and it is not right. Curtis noted the interpretation and the actual language in the average lakeshore code have changed and is not written the way it was when Mr. Dampier was working on his home. Dampier asked if he can move closer to the lake. Curtis stated if the homes on either side of him are more lakeward and there is still room within the 75- foot setback,he can,but that hardcover and structural coverage would also come into play. Landgraver stated the rules were probably changed because of that situation. Thiesse stated if he has not already closed the public hearing,he will do so now. The public hearing was reclosed at 8:20 p.m. Landgraver asked if snow just gets pushed down Ivy Place into the lake. Landgraver stated in his view this is an opportunity to maybe put in a little more protection for the lake. Thiesse commented he is afraid protections of the lake in connection with snow removal will create other problems elsewhere and that there is very little room to turn around as it is without snow being piled in that area. Barnhart stated the Planning Commission can either forward the application to the City Council or table the application to give the applicant time to submit the requested information. Barnhart noted the Planning Commission is not recommending approval of any variances or a conditional use permit at this time and that those items were highlighted merely to identify future actions that will be required as part of construction of the property. Barnhart stated a separate public hearing will be held for those items. Leskinen asked if the variances and conditional use permit would be discussed as part of final plat. Barnhart indicated it would. It was the consensus of the Planning Commission that the condition of the road be verified both before and after construction. Thiesse asked whether the fill would be brought in by barge. Page 17 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Fretham stated they did not contemplate bringing trucks across the lake for fill,and that when that was discussed,he thought they meant lumber and other things. Fretham indicated their plan was to bring in the fill and other materials by truck. Fretham noted there is a City Engineer's memo regarding drainage. Barnhart stated the City Engineer's comments were added as a condition to make sure it was incorporated into the final plat. Thiesse asked if both homes would be built at once. Fretham stated probably not. Lemke asked if all the water runoff will be away from the neighbor's property and oriented towards the lake. Fretham stated the biggest runoff will be from the rooftops and that the gutters will direct it towards the storm management system. Fretham stated there will be some treatment by the driveway and the only water that is going to end up between the two houses will just be surface water. The other runoff will end up in the shady area. Fretham noted the arrows on the plan depict the direction of the surface water and not off the roof. Peter Graffunder, 3630 Casco Avenue, asked if there will be any attempt to mitigate the hardcover stormwater that comes off the driveway and straight into the lake. Graffunder noted that runoff will have salt from Ivy Place and in his view that should also be handled with some type of treatment. Thiesse noted it is not being handled now. Landgraver asked if the Planning Commission has settled on a 12-foot road. Thiesse noted that is what is shown,and if it is approved,they would require a variance. Barnhart indicated that would need to be approved as part of preliminary plat and that it has been identified as an issue. Schoenzeit stated the City should go in thinking it is going to be 12 feet wide because they do not want someone to build a nonfunctional road and then be forced to deal with it after the fact. Schoenzeit stated eight feet is not functional. Thiesse asked if the Planning Commission would like to table the application. Lemke stated he does not need to see the additional information. Schoenzeit commented it would be nice to have the top number for fill limited to 1,250 cubic yards. Thiesse stated he would prefer to include an understanding in the motion rather than a hard number. Thiesse stated the City Council will be making that decision. Page 18 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Landgraver stated the property owner has the ability to develop the property and that he does not believe the neighbors will be entirely happy with whatever is constructed on the site. Landgraver noted there have been some concessions made by the Lupients along the way and that he would be willing to advance it with conditions. Schoenzeit asked if the drainage could be observed prior to occupancy to ensure it works. Barnhart stated the issue is that the City approves a building plan and a stormwater plan that includes treatment as shown. The developer would then build it as approved. Barnhart stated he is not aware of a scenario where it has been approved and then the City has not allowed them to occupy if it doesn't work. Schoenzeit asked what the recourse is if it does not work. Barnhart stated the standard condition on the building permit is someone cannot add water onto the adjacent property,which is what is being proposed here. The developer will be adding hardcover so there will be more runoff but the applicant is showing collection from the roof into an area not on the adjacent property. In addition,the City Engineer has reviewed the plans and those comments have been incorporated into the conditions. Barnhart stated in his opinion that is the due diligence Commissioner Schoenzeit is looking for. Schoenzeit moved,Lemke seconded,to recommend approval of Application No. 17-3962,Lake West Development,LLC,on behalf of Rick and Barbara Lupient,for preliminary plat,subject to the recommendations of Staff outlined in the August 21,2017,Staff report,and based upon the discussion of the Planning Commission,with a recommendation that the amount of fill be identified prior to appearing before the City Council,with the understanding the Planning Commission based their decision on 1,300 cubic yards of fill,and subject to the City observing and verifying the current condition of Ivy Place prior to and after construction. Thiesse stated the Planning Commission would like the Council to understand what was told to the Planning Commission and what their decision was based on. Thiesse asked whether the width of the road should be identified in the motion. Barnhart stated in terms of the driveway width,that is part of the project that is being recommended for approval. Barnhart stated the additional approvals are outlined in Staffs report,and at some point in the future the applicant will need to request a variance from the wetland setback,a variance from the wetland buffer,and a conditional use permit for filling in the floodplain. Schoenzeit moved to amend his motion to add the condition that the neighboring property should not incur any expenses to remain connected to utilities. Thiesse noted there will be an easement down the property line of this subject project. Schoenzeit stated the Whites are connected today and they should remain connected after the project and that there should not be any cost to them. Thiesse asked what the easement is along the property line. Barnhart indicated it is a standard easement. Page 19 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Schoenzeit stated if the utility company wants $3,000 to reconnect the gas,the Whites should not have to pay for that. Thiesse noted the applicant is not moving the utility lines and that the applicant is not responsible for replacing it. Landgraver stated in his view that condition might be overreaching and could cover any number of situations. Leskinen stated she is not sure that is within the scope of the Planning Commission's authority. Amendment dies for lack of a second. VOTE ON ORIGINAL MOTION: Ayes 7,Nays 0. 5. 17-3932 YMCA OF GREATER TWIN CITIES, 135 ORONO ORCHARD ROAD NORTH, SKETCH PLAN,8:40 P.M.—9:15 P.M. John Quinlivan, Gordon James Homes,was present. Barnhart stated the developer on behalf of the YMCA is seeking comment on a sketch plan proposing a 39-acre property abutting the Luce Line Trail be developed into 15 single-family residential lots. Of the 39 acres,24.1 acres comprise wetlands,wetland buffers and a conservation easement. The adjusted net density is 1.02 units per acre. Most of the lots back up to an existing wetland. All lots would be accessed via a new private road through the property. The road could be public based on urban densities and the City Code. The project as designed will require municipal utilities,which will require an amendment to the Comprehensive Plan. This property is not located within the MUSA boundary. The guidance for the property is low residential density but the applicant is proposing a slightly higher density. The Metropolitan Council will need to approve any amendment to the Comprehensive Plan. Barnhart stated based on previous conversation,the Metropolitan Council likely will not approve a revision of the MUSA line. Utilities will likely come from Long Lake into Orono Orchard Road. Staff has not conferred with Long Lake on whether or not utilities are available to serve the site since that is a responsibility of the applicant. The proposed development will require a zoning change to RPUD. An RPUD does allow certain flexibility with regard to lot sizes and setbacks. At the suggestion of Staff,the applicant did hold a public meeting last Thursday and he can comment on that. The developer is proposing a trail connection at the end of the cul-de-sac to the Luce Line,which will likely require DNR approval. The 15 lots range from three-quarters of an acre to 1.5 acres,which is below the required lot size for this zoning district. This zoning district has a 2-acre dry buildable minimum. Barnhart indicated some of the lots could be extended into the wetlands but that will not get them to the 2-acre dry buildable. In order to meet the 2-acre minimum lot size,the number of lots will Page 20 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. need to be reduced and the remaining lots made bigger,which is partly why the applicant is proposing this as a sketch plan. Barnhart stated the yellow on the overhead depicts the wetland,the green is the wetland buffer,and the pinkish color is the wetland setback. Barnhart noted the City has an additional ten feet of setback in addition to the Watershed District's requirements. The area in blue is a proposed conservation easement and the MUSA boundary is depicted in pink. The property is adjacent to the MUSA but not included within that boundary and would require a Comprehensive Plan Amendment. The developer has submitted four different house styles which were included in the Planning Commission packet. The property is within the defined Rural Area of the City in which new development is expected to occur with lot sizes of two to five acres. The boundary between the defined Urban and Rural Areas was established in the 1980 Community Management Plan. At that time the boundary was consistent with the USA line and it has been the City's intent to avoid creating new pockets of higher density within the defined Rural Area. Issues for discussion by the Planning Commission include the following: 1. Is the property in a location where the City should depart from the current zoning and Comprehensive Plan guiding and allow higher density development? 2 If so,what are appropriate standards for such a development? 3. Portions of the property located less than 250 feet from the creek are not eligible to be rezoned to RPUD and therefore would not benefit from flexibility in terms of lot standards. The applicants are requesting that these areas be included in the RPUD rezoning. 4. The property is not in the MUSA and therefore is not eligible to be provided with municipal sewer. Is expansion of the MUSA boundary appropriate for this project and this parcel? If so, what other parcels should be identified for higher density to compensate for reduction of density buffer? Barnhart noted development of the site with septic systems would be difficult given the extreme topography and it is likely only a small number of homes can be supported with the use of septic systems. 5. The steep slopes surrounding the existing home site are heavily wooded. Development of new homes on the property will likely result in significant and substantial impacts to the topography and vegetation of the site. Would this be consistent with the rural residential goals and visions of the Comprehensive Plan? 6. Should the internal road be public or private? Barnhart stated the project would be a departure from the City's vision for the Rural Area. The proposed density requires municipal sewer but it does not meet the Metropolitan Council's standards for expanding the MUSA. If added to the MUSA, it would likely require guiding other properties for higher density. Page 21 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Such properties are scarce in Orono and they are needed to offset future expected low density developments already in the MUSA. Barnhart requested the Planning Commission provide direction to the applicant on the sketch plan. Schoenzeit asked what the dry buildable acreage is for this site. Barnhart indicated it is approximately 17 acres. Lemke asked what the length of the cul-de-sac is. Barnhart stated to his understanding it is 1,500 feet. John Quinlivan,Gordon James Construction,stated this is nearly a 40-acre site and that they considered three options: One,leave the site as is with the existing house;two,create equestrian sites; and three, develop it within the existing zoning today. Quinlivan stated the challenge with the property is that it is a peninsula surrounded by sensitive wetlands. Quinlivan indicated they can put septic sites in and have a little more than half of the site for building but that there is sewer and water sitting in the street at the mouth of this property. Quinlivan stated the extra lots are needed in large part to pay for the city water and sewer. Quinlivan stated they did have a neighborhood meeting on Thursday and that he can understand the reluctance of the residents in wanting this lot developed. Quinliven stated he is here today to get guidance from the City on what makes sense for this site. Quinlivan stated if they stick with the current zoning,they can either install septic and wells on the sites where it can be done or they can bring in city water and sewer,which is also a challenging prospect. Lemke asked if all the lots can be developed without city sewer and water. Quinlivan stated they would not be able to develop 15 sites with septic and well. Lemke asked if the cul-de-sac could be pulled down a little bit. Quinlivan pointed out there is some ponding in that area which would likely prevent that. Lemke asked if this site was donated to the YMCA. Quinlivan indicated it was. Lemke asked if there is any stipulation on what the YMCA should do with the land. Quinlivan indicated there is not. Quinlivan stated at the time the Rydells moved to Orono in the 1970s, their intent was to develop this property,but it was never developed. At that time Ed Rydell simply decided to build his home and that was it. Chair Thiesse opened the meeting for public comments at 8:55 p.m. Page 22 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Kelly Lowe, 105 Orono Orchard Road,noted she did submit a letter to the City. Lowe stated she is not anti-building but that she is a rule follower. Lowe stated she is not opposed to a development that is in the rural area with septic and water,but that does not mean they can get 15 lots. Lowe stated they might be able to get four or five homes. Lowe stated the land in back of the site is pristine,gorgeous,and hilly. Lowe stated the thought that any builder would come in and rip 10 to 15 feet off of the topography and put something like what has been proposed makes her ill. Lowe stated there are a number of violations going on with the proposed plan, which is what she is going to speak to. Lowe stated the top three northern lots are within 250 feet of the creek and they are not eligible for an RPUD unless there is a waiver. Lowe stated she does not want the City to grant a waiver in this case. Lowe stated she remodeled her home and stuck substantial money into it and followed the rules. Lowe noted she was not allowed to tap into the MUSA system. Lowe stated she anticipates that everyone around her in Orono should also follow the rules. Lowe stated the property is not in MUSA for a reason. The City's intent at the time the Comprehensive Plan was developed was to avoid creating new pockets of higher density within defined rural areas and she is asking the City to stick to that. Lowe stated the site also has steep slopes and that she would encourage the Planning Commissioners to visit the site. Any development on this site would significantly impact the topography,the vegetation, and the wildlife. Lowe requested the Planning Commission keep the zoning rural,and that if they want to put lovely homes with private septic sewers and wells,they can do that. Judy Wood, 1230 Woodhill Road, encouraged the Planning Commission to follow the Comprehensive Plan since it is a very important guiding document for Orono. Marsha Rokke, 180 Orono Orchard Road,stated the 2-acre zoning should remain as it is and that they need to keep Orono rural. Samantha Muldoon, 1801 West Farm Road, stated she is against changing the zoning since it is a departure from a historical standpoint and from the current plan. Muldoon stated the residents rely upon consistency and transparency from their government and also rely on them being fair to everyone. Muldoon stated they are all equal under the law and in her view this is changing the rules after the fact for someone who does not live in Orono. Muldoon stated they should play by the same rules the residents do and that they likely will find no shortage of people who would buy a lot. Muldoon stated she would like the site to stay as beautiful as it is now. Jamie Lowe, 105 Orono Orchard Road,stated the site is beautiful and reflects the best of Orono. Lowe commented he can appreciate that it will be developed someday but that it should be developed within the rules. Lowe noted there is no hardship and that what is being proposed is a substantial deviation from multiple government bodies. Lowe stated to allow development within the current framework is the best and most appropriate option. Lowe stated of the 15 people that were at the neighborhood meeting,not one single person was in support of the proposal,and that it would be a sad day when the rules are changed for no reasonable purpose. Chair Thiesse closed the public hearing at 9:06 p.m. Page 23 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Quinlivan stated the reason they considered 15 lots is to tie into the MUSA system to avoid the need for private systems. Quinlivan stated he is looking for guidance from the City. Schoenzeit asked if any market studies have been done,especially given the new developments at Lakeview and other areas. Quinlivan stated this location in Orono far outweighs the location of Lakeview,Kintyre and some of the other developments. Quinlivan noted the property is right next to the Luce Line and that in his view these lots would be chosen over them. Leskinen stated her first impression when she read the report was that she does not want to see the City deviate from the underlying zoning. This area is a rural area and it does not need to have an urban feel. Leskinen stated she is not opposed to an RPUD as long as the individual lots are smaller and as long as the overall size of the development conforms to existing zoning. Leskinen stated if there are 17 acres,the maximum number of sites would be eight lots but it might be less depending on the viability of the septic. Leskinen indicated she is not in favor of changing the underlying zoning. Schoenzeit stated it would nice to see a development require less of a topographical change. Schoenzeit stated the take-away from tonight's meeting is that eight is the upper limit for this property Lemke stated his concern is that the number of units proposed does not work without city sewer and from that standpoint it is not a viable plan. Lemke stated he likes the two acres per unit and that he does not agree with what has been proposed. Schwingler stated he is not in favor of deviating from the Community Management Plan and that the developer should look at creating the number of lots that are allowed under the current zoning. Thiesse noted this property is not dense enough to be included in the MUSA,and if it was allowed,it would require the City to find higher density elsewhere in the community. Thiesse stated the site is located in a very rural area and that he is having some difficulty with the density. Landgraver stated this Planning Commission has been very true to the Comprehensive Plan and have attempted to preserve the openness of Orono. The Planning Commission also unanimoously voted against the increase in structural coverage. Landgraver stated what is unique about Orono is the sense of openness and the rural character,which the Planning Commission has been consistent with. Landgraver stated in his view it is too much density for this area. Landgraver stated he recognizes that Long Lake has some denser developments nearby,but that Orono is responsible for Orono. Landgraver stated to the extent they can develop this property consistent with the Comprehensive Plan,that is what should be done. Thiesse asked if the City would have authority over view shed or tree removal. Barnhart stated development of this site would likely trigger the Conservation Design criteria. The Planning Commission took no formal action on this item. 6. UPDATE ON CITY COUNCIL MEETINGS HELD ON JULY 24, 2017,AND Page 24 of 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. AUGUST 14, 2017 Barnhart reported on the following actions taken by the City Council: • Approved Michael and Marilyn Kuhlman's variance application. • Approved the variance for 1020 Tonkawa. • Provided direction on the Dunkley sketch plan. Barnhart stated the Council seemed fairly supportive of the project. • Reviewed and tabled the Apex Holding senior housing project. The main issues discussed were whether the existing sanitary sewer system would have enough capacity and whether the City would get credit for 70 residential units. Since the time of the meeting,the Metropolitan Council has preliminarily agreed to give credit for 70 units. • The City Council declined to take action on the text amendment relating to non-encroachments in the lake yard so the ordinance will remain as is. • The City Council discussed waiving fees for the proposed improvements at the Orono Ice Arena but tabled action on that item. • Approved the hiring of WSB to complete the Navarre area plan,which should be finished by next April. Barnhart noted the new city administrator will start August 28. 7. OTHER ISSUES FOR DISCUSSION Thiesse recommended the City discuss length of cul-de-sacs at some point. Thiesse asked whether the Planning Commission will have input into the Navarre plan. Barnhart indicated there will be a committee comprised of residents that will be reviewing the plan and the Planning Commission will see it towards the end of the process. PLANNING COMMISSION COMMENTS None ADJOURNMENT Schoenzeit moved,Landgraver seconded,to adjourn the Orono Planning Commission meeting at 9:23 p.m. VOTE: Ayes 7,Nays 0. John Thiesse,Chair Page 25 of 25 Item 2 Date Application Received:8/23/2017 OA, Date Application Considered as Complete:9/7/2017 l VO 60-Day Review Period Expires: 11/7/2017 To: Chair Thiesse and Planning Commission Members y Dustin Rief,City Administrator .kESHDmf" From: Laura Oakden, Planner LLO Date: September 18, 2017 Subject: 17-3965,Gordon James Construction o/b/o David and Lynn Gutermuth,2665 Casco Cir,Variance request, Public Hearing Application Summary: The applicant proposes to reconstruct a new single family home on this site and is requesting the following: A setback variance for construction of the new retaining walls within 75 feet of the OHWL;a hardcover variance to exceed the 25% limitation by 171.25 feet resulting in 26.3% hardcover;a lot area and a lot width variance. Staff Recommendation: Planning Department Staff recommends the approval of the lake yard setback variance, lot area, and lot width variance. Further staff recommends denial of the requested hardcover variance. Background David and Lynn Gutermuth are working with Gordon James Construction to demolish the existing home and rebuild a new single family home on the site. They would also like to correct the drainage problems on the site. They are requesting lot area and lot width variances which would allow them to reconstruct a new home on a lot that does not meet the minimum requirements of the LR-1C zoning district. They are requesting a variance to add retaining walls within the 75 foot lake yard setback to address concerns with water and drainage. Along with the retaining walls they will adding stairs for access and additional planting throughout the yard. The current site currently has 40% hardcover. The Gutermuths and Gordon James worked to design a home that would not exceed 20%structural coverage. They are requesting a hardcover variance at this time to permit hardcover 171.25 square feet over the maximum allowed (25%) to accommodate the home and other site improvements. LOT ANALYSIS WORKSHEET Section 78-350-Setbacks: DISTRICT LR-1C Required Proposed Front 30' 103'from proposed principle 17'from existing boat house Rear 15' 48.2' Side 10' 10' Side 10' 10' Lakeshore 75' 103'from proposed principle FILE#17-3965 Meeting Date 9/18/2017 Page 2 of 6 17'from existing boat house Average Lakeshore The proposed principle structure is located behind the ALS Section 350-Lot Area/Width: DISTRICT LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 12,873 s.f. (acre) 60'@ 75' / 60'@ OHWL Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 12,873 s.f. (0.29 acre) Allowed: 2,574.6 s.f. (20%) Proposed: 2,418 s.f. (18%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 1 12,873 s.f. 3,218.25 s.f. 5,263 s.f. 758 s.f. 3390 s.f. 487 s.f. (25%) (40.88%) w/in 75' (26.33%) w/in 75' Applicable Regulations: Lake Setback Variance(78-1279) Retaining walls are not permitted within 75'of the lake.Therefore the applicant is requesting a setback variance. The applicant's plan involves installing new stairs to gain lake access and installing new retaining walls to support the stairs. Stairs are permissible. With the walls.the applicant is hoping to be proactive in protecting the trees,vegetation, and shoreline on the property.The walls as proposed range from 1 to 6 feet in height. Because some of the walls will exceed 4' in height, engineered design is required. Site pictures are included in the packet to illustrate the existing drainage and slope issues on the site. Hardcover Variance (78-1700) This property is located in the Tier 1 of the Stormwater Overlay District which permits a maximum of 25% hardcover on the lot. The applicant is proposing 26.33% hardcover which is 171.25 square feet over the allowed amount. Lot Area and Width Variance (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#17-3965 Meeting Date 9/18/2017 Page 3 of 6 restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for the lake yard setback and hardcover variances result in the property's inability to conform to numbers 1,32,and 4 above. Therefore, lot area and width variances are also required in order to redevelop the property. 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 requested are consistent with the general intent of the Ordinance. The lake yard setback variance for retaining walls within the 0-75 is reasonable and necessary to address support the permitted stairs which will be set into the grade. However the hardcover variance to allow excess of 25%coverage does not meet the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence with lake access stairs 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 property owner is proposing to use the site in a reasonable manner by proposing to build a new home that results in less hardcover then what currently exists on the site.The property owners are working to use the site the way it was intended for single family use. 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 lake yard setback variance request to add retaining walls within the 0-75 should address the addition of the set-in-grade stairs which helps to speak to the owners' stated drainage and erosion issues from neighboring lots. The neighboring stormwater drainage encroachment is outside of the owner's control. The owners have not satisfactorily provided , FILE#17-3965 Meeting Date 9/18/2017 Page 4 of 6 evidence that their request for the hardcover variance is due to circumstances outside their control;the applicant is building and designing a new home; 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; a home previously existed on the property. The lake yard setback variance and hardcover variance will not alter the character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a single family home 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 substandard lot width and lot area of the Property is not uncommon in the surrounding neighborhood. The stated drainage issues create increased difficulty for protecting the shoreline of the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.Granting the requested variances will provide relief to the applicant regarding the lot size and their stated erosion issues within the lake yard on the property.The applicant has not provided clear practical difficulty supporting the need of a hardcover variance to meet this criteria. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting the requested variances will provide relief to the applicant regarding the lot size and erosion issues in the lake yard on the property.The applicant has not provided clear practical difficulty sporting the need of a hardcover variance to meet this criteria. 11. The granting of the proposed variance will not in any way impair health,safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health,safety,comfort,or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size of the Property; the erosion issues identified in the lake yard of the property create practical difficulties affecting the Property;the lot width, lot side and lake yard setback variances are necessary and not merely serve as a convenience to the owners. The requested hardcover variance appears to serve as convenience to the applicants which can be resolved with a design modification. 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 FILE#17-3965 Meeting Date 9/18/2017 Page 5 of 6 permitted in this chapter in the district where such land is located. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that there are practical difficulties inherent to the lot shape, size, and due to drainage and erosion that has taken place in the lake yard. The applicant has provided a landscape improvement plan which appears to offer relief to the shoreline and lake yards on the property. The applicants are designing a new home on the site and have flexibility regarding the hardcover supporting the new home on the property. The applicant has not provided clear practical difficulties to support a hardcover variance. Engineer Comments The City Engineer will conduct a review of the proposed plans when a building permit is submitted. 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 recommends approval of the requested lot width, lot area,and lake yard setback variances contingent on the applicant providing plantings to screen the retaining walls from the lake view. Staff recommends denial of the hardcover variance or submittal of revised practical difficulties which meet the variance criteria and support the granting of this variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Landscape Plan Exhibit E. Photos Exhibit F. Proposed Plans and Elevations Exhibit G. Submitted Hardcover Calculations Exhibit H. Property Owners List FILE#17-3965 Meeting Date 9/18/2017 Page 6 of 6 PC Exhibit A #17-3965 City of Orono ' Variance Application Street Address: Application# f -.3 9f).5- .. . 2750 Kelley Parkway • L '1 YO Orono,MN 55356 Date Recel ed: 1 Al.7 6...... N Main: 952-249-4600 Staff: - '' • ,r. fax 952-249-4618 `' �` = Fee: i.. . $700"" .,;... :.``• Haring Address: _, --.-. P.O.Bax 68 Escrow: .. -. $700 •'/.;;2,500 ' -4 31 s1 o'l� t• �G Crystal Bay,MN 563230088 Notes: rt:;'. _ ;N' kESHO' ';. .c, Please complete. Applicant will be notified within 15 days as to the status of the application. incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 1." 6 C -0 4)- C-0 ?ICI.1k IZA . DESCRIPTION OF REQUEST: (attach additional sheets as necessary) APPUCANT INFORMAT ON: 0 check h:: : If Applicant a...roes s ould b used for billing Applicant: _ 1-r v..extu-•-• Phone(Primary): ` "4C4- c. q� - t1.- ?.L •. ; • _ Mailing Address: o L 1IIIIIM0 Lox t Cit : ,,,,.•. i . it. ZIP: • Email: PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant .t;he,here If P(� ddr s should be used for billing Name: b 2v't a ct � `�tr. Phone(Primary): Q 5'2-- 4 - 1°1 v4 Mailing Address: 24,C,C C0.�c4, y._:—.4 d. City: L) - z2 . ZIP: 55-2,c1 1 Email: t o' .Ire-rcn u..' 0 rAS r• . at n^ 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. tf 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 small. Applicant Signature: Date: S'2- 1 - I ?- ,..., Applicant 'Z1 - I ?- Applicant Signature: Date: / "'•1' Property Owner Signature: Ia .41 >1 rt>l� Eir Date: Property Owner Signature: 1aT='--r""" Variance Application—January sonR. T I Page! AUG 232017 3965 CITY OF ORONO Volvo City of Orono Variance Pre-Application cESHO Meeting Form 4�' (This form Is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: City Planner: Meeting Date/Time: PC 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: 2-6‘ C b c .S Co a 4- Property Identification Number(PIN): io- 11 - 7..� Z3- 001— Zoning District: Size of Property: 121 DESCRIPTION OF VARIANCE REQUEST: 0 Average Setback 0 Side Yard Setback 0 Rear Yard Setback 0 Lake/Front Yard Setback iardcover 0 Lot Coverage 0 Lot Area 0 Lot Width 0 Other: Applicant's i 'P Initials: s �- RACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Difficulties Documentation Form, understands it as It has been explained to them,and is Property Z aware that it must be completed and submitted in conjunction with their formal variance Owner's 1 application. Initials: • Applicant's 7j_V BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses incurred Initials: �'/ in review of this application and/or additional staff time not covered In Initial application fee, Property , as well as provide an escrow in the amount of$ to guarantee payment of the Owner's iy above. Initials: OTHER INF a 4414.. 'TION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. r•� Applicant Signature: �` /1 Date' 4g/14/1'4 Owner Signature: � , 4 Date: CP/17/)7 Variance Application—January 2017 Page 3 RECEIVED AUG 23ZUt7 3965 CM OF ORONO PRACTICAL DIFFICULTIES DOCUMENTATION FORM I 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 00 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.' 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." S 3. "The variance, if granted,will not alter the essential character of the locality.° TCL ut,ti 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." uaiJCt-ST0()IN 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." kVA. 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." uNbeV.5"wotj RECEIVED Variance Application—January 2017 0 , 3 9 6 5 AUG 23 Z017 Page 7e CIN OF ORONO 7 `The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." N I A- 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 2�•Ax. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." V.ru 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." A G 4-A�� 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." �CC.cti-R- A-E. 12. "The granting of such variance will not merely serve as a convenience tothe applicant, but is necessary to alleviate demonstrable difficulty." Tom. 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): S E-t fr-rcA C.N Lk t-C L t -- Ql Lc . Variance Application—January 2017 AUG 2 3 LU t 1 Page 8 3 9 6 5 CITY OF ORONO Dear Council, We currently own and reside at 2665 Casco Point Road. We are hoping to demolish our existing home and rebuild a new home on this site. Our current hardcover percentage is 40.88%. if we were allowed to move forward with this project our new hardcover percentage would be 26.33%. While this is significantly lower than our current hardcover we recognize that this is still exceeding the standard 25% allowed in the city code. We have designed a house and site plan that would keep us at or below 25%hardcover if we did not need to rectify current erosion issues to our property. About 2 years ago the neighbor adjacent to us on the south,2677 Casco Point Rd,had significant re- grading done to the lakeside portion of their yard. This project was approved by the city. The result of this regrading is that we now have much more significant storm water runoff spilling into our property from their property. This run-off has eroded the root system of at least one of our trees at the base of the hill. This run-off has also caused a great amount of silt build-up at the base of our hill as well. Some of this silt has and will continue to spill into the lake. Additionally, because of the erosion it is no longer safe to walk down the hill. Due to this issue,we would request a variance for the purpose of eliminating the erosion and protecting our land and the lake quality. The best method for achieving this result is a retaining wall system and added steps that accompany the retaining wall system. This adds 2 hardships for us-a greatly increased expense and extra hardcover that we would have preferred to avoid. We are asking for a variance approval at a much greater cost to us in order to ensure better water quality and to rectify the issues caused by the landscaping previously done at 2677 Casco Point Road. Respectfully submitted, David& Lynn Gutermuth RECEIVED AUG 232017 396 CITY OF ORONO -I •r-,: r "a ' 1, - i i ,. i n. r S+ 9 c x.> 4 ' ' +, 4 ra - 3 1• =: E L y •••• 4: O ' -t"_ t r X 'P ~ r'141 O /f, .__ .% .te a i CV ff A��ie.r -* O 396 5"" _ t' O , t l ?_ j °° ° RECEIVED cfo. • ft.,,,,, 5 _wt.. ., . �_. Y AUG 23 2017 CITY OF ORONO I 1 ,i f 4. e.. ,,,• i .i - / •: ii • -,t i i , +r-�t . j . , • I ii '!: ,•;".„0/W - ''./".. .. • • • , : I. y••••-.•• -..* - 1 t • - 7. ( 3 9 6 Fr i .. , . . _ . ,�4 '-'''-f� ` <`• ' : i '1/4x RECEIVED AUG 232U11 art OF ORONO al ' \.- \ • • yk: t . . .• 1 r1 ../. 7—\ . . ....'.:,,,,,,.,y..1 1,,.....: , .. i a . 4 ,y , '. -\\1\.\\\\\\\\\_ v 1..,,c;:1,:v.;::::41°'::::::..?.:41' 2' ,.. ' - .,%,;,'‘:: :...'1::.1.v:;,:.,..,,1 4(12:wk. i',...., ., ' 4F .'". _. I\ fl'�y f p 03 L rizi _ tuQ 3 • . � .ria • .11, rIL V! , Gutermuth Site Photos-8/17/17 ri ;' �. .o% .N . \ / w'. �(/+'';' (teNe �,w, ♦ ii t.'41ICX14--$ , • ' .� • ti ..t' s Mir °p 1 10 :,7,4' !' Ar r`` '''o .•.�•',► ,. -1' a 11. • r ,i . • ti w ..1. + f ; 4 View from bottom of hill towards steep slope and run-off 1 Exposed roots behind boathouse J 44 0 4xi W o Q 4t' xi MI ro 0 o Q v144,51 RUN DATE:08//42017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 23 0001 38 20-117-23 24 0003 38 20-117-23 24 0039 G ERICKSON/S ERICKSON TRUSTS D L RUNKLE&L F RUNKLE J W&B I ESSEN 2683 CASCO POINT RD 2684 CASCO POINT RD 2648 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 GERALD ERICKSON DAVID L RUNKLE JEFFREY&BARBARA ESSEN SANDRA ERICKSON 2684 CASCO POINT RD 2648 CASCO PT RD P.O.BOX 584 WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55395 38 20-117-23 23 0002 38 20-117-23 24 0304 38 20- 17-23240046 ROBERT BREON/JULIE BRANDSMA D L RUNKLE&L F RUNKLE MICHAEL D REVIER 269:CASCO POINT RD 2686 CASCO POINT RD 2691 ETHEL AVE ORONO MN 55391 ORONO MN 55391 ORONO N2%155391 ROBERT E BRIAN DAVID L RUNKLE MICHAEL D REVIER JULIE C BRANDSMA 2684 CASCO POINT RD 2691 ETHEL AVE 2691 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0003 38 20-117-23 24 0021 PETERSON-V-LIMITED PTNRSHP BARBARA J PALMER 2695 CASCO POINT RD 2710 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 MARY A PETERSON BARBARA.1 PALMER 6445 VIRGINIA DR 2710 CASCO POINT RD EXCELSIOR MN 55331 WAYZATA MN 55391 38 20-117-23 23 0004 38 20-117-23 24 0022 MARY C ENGER&MARK M ENGER D P BUESING&L R RUNNING 2697 CASCO POINT RD 2700 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 MARY C ENDER&MARK M ENGER DANIEL BUESING/LINDA RUNNING 2697 CASCO POINT RD 2700 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0005 38 20-117-23 24 0029 T J&S A JUNGELS ETAL TRUST DUSTIN KINDL&CASIE L KINDL 27:5 CASCO POINT RD 2649 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 SHIRLEY A JUNGELS DUSTIN J KINDL THOMAS J JUNGELS CASIE L KINDL 7730 LOCHMERE TER 2649 CASCO POINT RD EDINA MN 55439 WAYZATA MN 55391 38 20-117-23 23 0020 38 20-117-23 24 0030 ZHIHUA LIU&YING LIU Ni GREENE&A K GREENE 2677 CASCO POINT RD 2645 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ZHIHUA LIU&YING LIU NORMA GREENE&ALAN GREENE 2677 CASCO POINT RD 2645 CASCO POINT ROAD WAYZATA MN 5539! WAYZATA MN 55391 38 20-117-23 23 0021 38 20-117-23 24 0031 D D GU ERMUTHU L J GUL'ERMU:H MELISSA T ALBACHTEN 2665 CASCO POINT RD 2635 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 DAVID D GUTERMUTH MELISSA T ALBACHTEN LYNN J OUTERMUTH 1016 PARK PLACE 2665 CASCO POINT RD BURNSVILLE MY 55337 WAYZATA MN 55391 38 20-117-23 23 0022 38 20-117-23 24 0032 KARL S FREIENMUTH T P KUBALAK&P M KUBALAK 2659 CASCO POINT RD 2623 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 KARL S FREIEMvIUTH THOMAS&PATRICIA KUBALAK 2659 CASCO POINT RD 2623 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0001 38 20-117-23 24 0035 D L RUNKLE&L F RUNKLE G L MARQUARDT/J M MARQUARDT 2684 CASCO POINT RD 2617 CASCO POINT RD ORONOID 5539ORONOR &JAN 55391 DAVID L RUNKLE GARY L JOAN M MARQUARDT 2684 CASCO POINT RD 2617 CASCO POINT RD # 39 65 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0002 38 20-117-23 24 0038 TODD M KIMMES EI VOGSTROM&E A VOGSTROM RECEIVED 2660 CASCO POINT RD 2618 CASCO POINT RD RECEIVED ORONO MN 55391 ORONO MN 55391 TODD M KIMMES ERIC 1 VOOSTROM AUG �] (� 2660 CASCO PT RD ELIZABETH A VOOSTROM A 23 20 147 WAYZATA MN 55391 2618 CASCO POINT RD WAYZATA MN 55391 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. # 3965 RECEIVED AUG 232017 CITY OF ORONO Easy Peel®Labels 1 Bend along Itne to i • Use Avery®Template 5160® 1 Feed Paper expose Pop-up Edge"' 1 AVE ® 8160TM 38 20-117-23 23 0001 38 20-117-23 24 0003 38 20-117-23 24 0039 GERALD ERICKSON DAVID L RUNKLE JEFFREY&BARBARA ESSEN SANDRA ERICKSON 2684 CASCO POINT RD 2648 CASCO PT RD P.O.BOX 584 WAYZATA MN 55391 WAYZATA MN 5539i WAYZATA MN 55395 38 20-117-23 23 0002 38 20-117-23 24 0004 38 20-117-23 24 0046 ROBERT E BREON DAVID L RUNKLE MICHAEL D REVIER JULIE C BRANDSMA 2684 CASCO POINT RD 269:ETHEL AVE 2691 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0003 38 20-117-23 24 0021 MARY A PETERSON BARBARA J PALMER 6445 VIRGINIA DR 2710 CASCO POINT RD EXCELSIOR MN 55331 WAYZATA MN 55391 38 20-117-23 23 0004 38 20-117-23 240022 MARY C ENDER&MARK M ENGER DANIEL BUESING/UNDA RUNNING 2697 CASCO POINT RD 2700 CASCO POINT RD WAYZATA 1vLV 55391 WAYZATA MN 5539: 38 20-117-23 23 0005 38 20-117-23 24 0029 SHIRLEY A.TUNGELS DUSTIN I KINDL THOMAS J JUNGELS CARE L KINDL 7730 LOCHMERE TER 2649 CASCO POINT RD EDINA MLV 55439 WAYZATA MN 55391 38 20-117-23 23 0020 38 20-117-23 24 0030 ZHIHUA LN&YINO LIU NORMA GREENE&ALAN GREENE 2677 CASCO POINT RD 2645 CASCO POINT ROAD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0021 38 20-117-23 24 0031 DAVID D GUTERMUTH MELISSA T ALBACHTEN LYNN J GUTERMUTF 1016 PARK PLACE 2665 CASCO POINT RD BURNSVILLE MN 55337 WAYZATA MN 55391 38 20-I17-23 23 0022 38 20-117-23 24 0032 KARL S FREIEINIMUTH THOMAS&PATRICIA KUBALAK 2559 CASCO POINT RD 2623 CASCO POINT RD WAYZATA MN 55391 WAYZATA MAI 55391 it 3 9 6 38 20-117-23 24 0001 38 20.117-23 24 0035 DAVE)L RUNKLE GARY L&JOAN M MARQUARDT 2684 CASCO POINT RD 2617 CASCO PONT RD WAYZATA MN 55391 WAYZATA MNL'J 55391 38 20-1:7-23 24 0002 38 20-117-23 24 0038 AUG 2 3 2017 TODD M KIMMFS ERIC:VOGSTROM 2660 CASCO PT RD ELIZABETH A VOLS:ROM WAYZATA MN 55391 2618 CASCO POINT RDY OF ORONO WAYZATA MN 55391 Etiquettes fades a peter • Repliez a la hachure afin dei www.avery.com 1 Utilisez le gabarit AVERY®5160® i • Sens de reveler le rebord Pop-up' 1 1-800-G0-AVERY I A chargement • City of Orono . '-v,0-4`,- ,, Hardcover Calculat!on Worksheet I • - ��, Property Address: z 6"6'$' c 4rca do r. Ra. (C0120441 a4itie ) ''4_!._ Prepared by: (rlQar.r�F'.tG Date: ''4_!._ Storrnwater Quality Overlay District Tier:(Circle one) COP Tier 2 Tier 3 Tier 4 'leer 5 Step 1: EXISTING HARDCOVER In the following table identify ail Items of existing hardcover on the property,keyed by letter to Certificate of Survey(survey must accompany this form). Use as many!tries as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties,Identify any features by letter which are split at the 75' setback line end calculate hardcover square footage separately for each portion. iteSurvey_ Hardcover Item (Describe) Length x Width ' TotaE X. L bx ,4Sgua're Feet) (Exer*) (Game). . . .. .. �s1�"i�'ti: ') :p. ..(1 sF):` A /7/.04 T Cr / rit/IJt4AI 1' /W ie S.F. B • G.r.e.t tri 6'Ht S.F. C 8oAT//Oz€YE 2 R 6 S.F. D 4914Ck*" At ll/P'dc/AAY • 8 sjt . S.F. .. E Ick vt frgpS - '3 2 9 S.F. F Glee q- rt T L/Lk • _ 2`f 9 S.F. G Dtw(ckfPTA GPAr /p'l4J6xcAR,gG6. N86' S.F. H t.." •-.sr . ver1'F." —. ' . '.2 d 8 S.F. I /1PRtMd .[r Gilel-A.GC.' —_____ • ..tell: S.F.• J At ri o • a 7 o.' S.r.._. K /C611'TBitle 6t/4 LL 2 7.. S.F. L IV:1 r erert - MA.li . . . 9 7__ s F. - - M cs/A L c. // S.F. N N . 04 if S.F. p i� 16- S.F� ' o �� `1'S •S.F. 2.��FS. R .rreit/e; �",►,a.a gio.4- . f s S.F.� T Aa,rkt Ax, /3i.trti'iC _ 20 y 'SF. U V f� of P/ /Q 4 . 5.F. INS.F. S.F. X Y S,F. z S.F. .F. _rq _rota!Existing Hardcover St- S.F.S °ExoRrdgi a cl a 0'( , :e;0. tMt(' ; . 1€ ;43.'. . • Ki4 ,ice,r�,J L . 8 7 t 9741,14 4-tt- . t = -- L._S.I= ___ — ..._.........._.• E. ,S.t'. (2) Tota:Excludable Hardcover " """""" " S.F. (3) Met Existing Hardcover [Subtract line(2)from line(1)) • • Y g - S F• _(4JTota1 Lot Area • jeer $,F l__ _ Existing Hardcover Percentage [(3)+(4)3 !flow91, % . (Proposed HardcovertiaaclelED V JMUVy42013 AUG 23 2017 F 3 ` 6 5 CITY OF O RONO •_ RECEIVED City of Orono AUG 2 3 2017 ,:9 °No, Hardcover Calculation Worksheet CITY OF ORONO '''11 . .:;) Property Address: y'•''f.'n�' �'4,.+^�t) A7, Ra. (G°Rilc.u'<J"AA,�6f t"pri'1';:) W.`• Prepared by: r. Date: „wt. " .e tet:°;` {• 4 -.%iii' vdiart'.72.:'rd'=. r.-;17‘...•-•+5'" .^ -.i'? Storrnwater Quality Overlay District Tier:(Circle one) , ir Tier 2 Tar 3 Tier 4 Tier 5 Step 21ER SED HARDC-OVE .. In the following table.Identify airitems of proposed hardcover on the property,keyed by letter to Certificate of Survey(survey must accompany this form) Include all existing hardcover items that are intended to remain,as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property For Tier 1 properties, identify any features by letter which are spirt at the 75'setback line and calculate hardcover square footage separately for each portion_ Key to !1 Total Hardcover item(Describe) Length x Width (Square Feet) ) (Example) (Garage) (24'x 30') (720 S.F) A ,s/ot!.?:r. /4''C' S.F $ It br'*-,e%,.r rrct-F ",•'.r S.F D — :;, ,.. FIs,/.74 ;.:.A..k r;`1 S.F E Pe d dl.";U!:1 %' .�7 S.F. GG 4-r) 't:t.I( cif*Xr:i;g- , ;y FJ AG` S.F •al-s- •41.u.4i.' _.r.. (fr Cr,-, AAn 1: r- ,--1r S.F H74711/2rF of s=Ts-i-4- :.‘ e• o S-' S.F i 5 y2.;:4,.Yw 4 c:'. 44,7f i.. ' 't 7 S.F J :_'r t l:.s-r: r7-t,',*. 4✓''/ S.F K .F'r•4-. — S.F.. I r ,.�,�• L 4T.4 ,�,;.:.- :' _te,Vzz.r _ M !t' S.F. S.F. N _ S.F_ 0 S.F P S.F_ _ Q S.F R S S.F. S.F. S U S.F. V S.F. W S.F. X S.F. S.F _ Y S.F. Z S.F. (1) Total Primed Hardcover "' . : S.F. Excludable Hardcover(See City Code Sec 711-10114): C A'-.,,•. ..•r:;• .-`r: ti. rvr.1:h 11'4,00 ifr; ,r.. rs:) 'I S.F. -4!;-r.,,4..,..4 i. +:, r 2u S.F. s,,a _ ":37 S.F. -+ 'a S.F. .. S.F. (2) Total Excludable Hardcover .a o' S.F. (3) Net Proposed Hardcover [Subtract line(2)from linet1}) a•'?`+r;.r S.F.r (4) Total Lot Area •'2..?is' S.F., Proposed Hardcover Percentage ((3)+(4)j '?.;. % a. 59-67.7—E'7'ri Subdivision Appbcebon-January 2016 This is an intomiee on packet regarding Hardcover. Every Won has been made to unsure the accuracy o/the adbnmation contained herein;however,it any mon adon is not consistent with provisions of the City Code,the Code p t:Nissans wW prevail. Pape 19 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. 1—,4(1, t il.4-6 r/vu.t.-l First) Middle L s Address o . n 0 r1Tr\--0 Iv110 I D\ ct Li City State Zip Phone I understand m ghts as stated above. 1 -4111 Signatu Vadences Applioation—Jartuaty2oi7 RECEIVED Page 14 AUG 2 3 2017 # 396 r Cmr OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota Slate 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. o cr ' 4S G‘A, r'Mt..t First Middle J Last Z lit S t o ?Of if\.---i". KC4 Address ro ✓iv M � SS�� / c1 -)) 1 °7(1 crty State Zip Phone I understand my rights as stated above. ett Variance Application—Jemmy 2017 RECEIVED Page 14 AUG 2 3 2017 * 396 ' `' CITY OF ORONO ESCROW AGREEMENT AGREEMENT made this -day of * . -i. _ ' ,20 ,byAnd etween a CITY OF ORONO,a Minnesota municipal corporation("City")and 17wv:l or LIi,, (.- k drw. ,COwner(s)"). RECITALS A. The undersigned is/are the Owner(s)of the Subject Property and hereby agrees to and consent to the terms and conditions of this Escrow Agreement. B. Owner has: (check one) R Flied a zoning application# /7-394.5 ❑ Filed en application for a Building/Zoning Permit# o Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. o Filed an Individual Sewer Treatment System (ISIS)permit application. ❑ Requested to do work within public Right-of-Way o Filed a request fir Tam cor `:ertif cAt" r)rri inancy Other _ ("Application')on IaTir'i situated lnn he City and located at ZU?S Pe (the'Subject Property");and C. The City Is willing to review or monitor the Application only if the Owner agrees to reimburse the City for the actual costs expended by the City on behalf of,or on account of,the Owner. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT REQUIRED. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit$??.QO ('Escrow')with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. • Zoning. The purpose of the Escrow Is to guarantee reimbursement to the City for expenditures Including but not be limited to staff time,at the rates established by the City Council,in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City in reviewing and approving the Application and all other city staff administrative and consultant services performed In the processing of said review and approval. • Building/Zoning. The purpose of the escrow Is to guarantee completion of the site plan as approved and the provision of the as-built survey as required by the Building official. • Accessory Structure. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures Including but not limited to staff time, at the rates established by the City Administrator, engineering and legal consultant expenses Incurred by the City In removing an accessory building If the Owner fails to perform the obligations In Orono City Code Section 78-1432 and all other City staff administrative and consultant services performed in removing the accessory building,including land stabilization. • JSTS. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time,at the rates established by the City Council,In excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City if Owner for any reason Is unable or unwilling to honor the requirements of Chapter 58 of the Orono City Code, and all other city staff administrative and consultant services performed In relating to the Application. The City may also reimburse itself for all engineering and legal expenses associated with the construction, removal, alteration,or repair of the ISTS If the Owner falls to do so. • Temporary Certificate of Occupancy. The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. Variance Amikation—Jenuery 2017 Pegs 9 • 3. MONTHLY BILLING. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within 15 days for receipt by the Owner. No statement will be sent If there are no expenses incurred In the period since the most recent statement. The City shall itemize all time,services, and materials billed to any Owner and said time, services, and materials shall be in accordance with the rules, regulations,and fees as promulgated and adopted by the City Council. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Owner does not make payment the City as required under paragraph 3,the City may draw from the Escrow without further approval of the Owner to reimburse the City for eligible expenses the City has Incurred. The City shall periodically notify the Owner of the draws the City has made and the nature of the expense for which the reimbursement is being made. 5. REIMBURSEMENT OF ESCROW. The Owner shall reimburse the Escrow fund for any deficits caused If the amount actually expended by,or billed to,the City exceeds the escrow fund balance. G. •F ENTRY. ■ ^..•'r•. This section is not applicable. \ • .ls section is not applicable. • •ccesso re. The Owner hereby grants : City, its agents, employees, officers and contractors the rig . anter the property t• -- ove the accessory building(s)should the Owner not complete the removal o• :: •ns • •rano City Code Section 78-1432. • jSTS. The Owner hereby gra. : its agents,employees,officers and contractors the right to enter the property • •erform all work . . 'i:•actions deemed appropriate by the City in conjunction with =• acement of the septic system, .•' , but not limited to constructing or completin• : and all of the agreed upon improvements thou • ,- : Owner not complete those imp • _ ents by the date agreed upon. •_ :mporary Certificate of Occupancy. This section is not applicable. 7. NO INTEREST PAID. Ali accrued interest, if any,shall be paid to the City to reimburse the City for its cost In administering the Escrow account. 8. CLOSING ESCROW. When the review has been completed or the project has been completed,the balance of the Escrow,If any,shall be returned to(check one): 4-Owner o Applicant c Oth=r Name: ) . . , q Street Address/PO Box: �-� frieS &5Lt ' --71!City/State/ZIP: W ay5a-4 rn c"5" I 9. CERTIFIED UNPAID CHARGES. If the Application Is abandoned by Owner,or If the eligible expenses incurred by the City exceed the amount in Escrow,the City shall have the right to certify the unpaid balance to the Subject Property pursuant to Minn.Stat.§§415.01 and 366.012. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CITY OFVaill'ACV/46- ORONNOO: OWNER(s): BY: BY: t� y f t� l` / -t-V\ L 4ii1fr 4/10 i%ii • Variance Application—January 2017 Page 10 _ CERTIFICATE OF SURVEY FOR V GORDON JAMES CONSTRUCTION, INC, OF LOT 136, SPRING PARK EI 0, i HENNEPIN COUNTY, MINNESOTA 4 3 I / t ; EXISTING 4 g I / i .1. + HousE4 3 b 0'°: - L 0 T• '1 3 i / �zesio a iii I b!tJS. ,a, ,....t oo 00,, r it x >s i �.. )asa R: LAKE t>: i, ..:r - MINNETONKA _ l ori �j a ter- !s-- , 204.46 i�� y j �itY1 Yom(/ � � r' t t Ac4 +4c� _ �_��+e� , JJ� � a` o, .. -� •ty .e MTD - .d - ! r • ; '_ 1 „ ., .;.i L'Q:T fi 36 j . .� "-� M4 C'JN1.,IR. 1 '=• I e40 .*0 -rA..e Nod af' _'•. • ��` 1 • ,.041 in-ir M .4:1' 1 •• • ••i M too s '40 01 1• r 4034:, o ...0_,,,,,,,Ie '!` .,,,,+r BA« / r PROPOSED 1 .ir (00 1 jJSjk7' CC ci o ry'` du_ty .-y fi-:::7'41#•)/ � HOUSE q i p I E7ef6TBtli 1 �4 �•_•�:s ,. •.Irr -91 ---• ,q F-, _ . ir•• • i Al i j ,3 • I r ( ... / 1~y.`,'-� -=-' ' 'c.lt xd '4'°° 'plc. v P`v'b ;. 0 1 Q b7b r --. -_.. et+ .aw•t rt tr. 1 a 1 ± y " 794,00tp` ry y nE .J N % i t '� i *M1!. n ` t 7.,� 'hF: f f _(I) 4F S r IN O d.�r tl S i \ # i n - oo pe 't se, R7.7y�^- .• „O'9 '.�_ •r'�"Q) �`,, .EB 1 ' i 4fr- a" .' s. -.----- -----4.-.,-.....,- , .AL; (13 IcAty • 0 T 1 3 /5 — j%1T 1 nvna� it f • 141,-,-,el.1 I , s EXISTING 60U. • r.1 I a ) KU •M ■+W- •• i DEc,, HOUSE I • • • r /2877 ..--. 1T`- � • • _EGA. :::;!....di'V. 0 FriE.Li1c£ : j/ i • . 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H f O�0' I 1 , MMRRT 0EA•6,6ILRO J NO MOM Mersa TO rewognosi j 4.-IP • rwespcsama voiTI0ALLT'I CC L00•rune�"' �© 1✓CONCC ITN T•1110000LO NOT SXCEEDOI 104• 0M[/ •000114 mem CCLQI00 001 5MM10T1I i IIC1 --11 STORES • P1100000001 AMM MOM STORM 0000010 AUb2 9 2017 611.RV AT M MAL AIM(MAST IM Lammlo IsT/ASOr °RAMI in •••=//2141•••••••••=1=2••• KI' • MOAGO smokes OSTELTORO M C W SOROOL 6-n caw NCL CITY OF ORONO CORIg741011016 ACCEMI TO T)C=Room cal 100140.000 1163.0 E M0.U01N7 TIC rii 6 MAT ROOD TMT 1110 A CCLI• IQT Na M 77 0000 M710,IRM W yR THAN A CORRIvoR ONMO ' AC#SS TO TIC M'1Ttlul4 • rRwlOR/AMOK 601•141eC OCIECTaa MAN IM-d aF iv- em1N0.6 PC Exhibit B #17-3965 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. u a 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." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 5 3. "The variance, if granted,will not atter the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,Section 116J.06,Subd.2,when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." RECEIVED Variance Application-January 2017 AUG 2 3 2017 Page 7 # 3965 CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." `A- 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." CLtiJ�.+c 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Ac-co-e._t A—re 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." A GCS-9- E 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." �Q 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): RECEIVE Variance Application—January 2017 AUG 23 'L U M Page 8 3965 CITY OF ORONO Dear Council, We currently own and reside at 2665 Casco Point Road. We are hoping to demolish our existing home and rebuild a new home on this site. Our current hardcover percentage is 40.88%. If we were allowed to move forward with this project our new hardcover percentage would be 26.33%. While this is significantly lower than our current hardcover we recognize that this is still exceeding the standard 25% allowed in the city code. We have designed a house and site plan that would keep us at or below 25%hardcover if we did not need to rectify current erosion issues to our property. About 2 years ago the neighbor adjacent to us on the south, 2677 Casco Point Rd, had significant re- grading done to the lakeside portion of their yard. This project was approved by the city. The result of this regrading is that we now have much more significant storm water runoff spilling into our property from their property. This run-off has eroded the root system of at least one of our trees at the base of the hill. This run-off has also caused a great amount of silt build-up at the base of our hill as well. Some of this silt has and will continue to spill into the lake. Additionally, because of the erosion it is no longer safe to walk down the hill. Due to this issue,we would request a variance for the purpose of eliminating the erosion and protecting our land and the lake quality. The best method for achieving this result is a retaining wall system and added steps that accompany the retaining wall system. This adds 2 hardships for us-a greatly increased expense and extra hardcover that we would have preferred to avoid. We are asking for a variance approval at a much greater cost to us in order to ensure better water quality and to rectify the issues caused by the landscaping previously done at 2677 Casco Point Road. Respectfully submitted, David&Lynn Gutermuth RECEIVED 3965AUG232017 CITY OF ORONO . , PC Exhibit C I/ ,_, FICATE OF SURVEY FOR GORDONIJAMES CONSTRUCTION #17-3965 , i ' �/ /! / OF LOT 136, SPRING PARK W o- N ;' / /' /' /, % // HENNEPIN COUNTY, MINNESOTA g g ' / , / / V rc 11 l , / I l I l /' /' / , , 1 Q y w 4- Z / /' /' ' ' / / �_01` 1/3 / I, I ' 06 Z / / , , , , 1 gO M / / I/ / % ( / I 1 / , % /'I r EXISTING — I I�cif 3 ti l "7/1////////11//,--1// / I l / 11 / / / V HOUSE , W 5 OJ N 0+. 1 4...„ / .. •/ / / (/ / f 01/ \ I g a / o ; - /// /" '89' //1 / i Nl79 0. l I //80' i/ i / , , /HY // // / ..,aQQnW24.46 /111 aamc \\\ 1/ 1w929.4 / ,, b0(R) JJ l �s '.. I / % // Iii.-: 1 'xu.l�" ESHEDNG o®mxnm \ 1 CONTOUR..._.y JRPKI �,�c / I / / I . _`r 1p '� ....aLrnsLwE \v LINE I I; /tD I / / / 7'/ / / I �� .ayt�4 /' "' e / / , , I - \11\1\11/1 € FI _I -- Au � (�O // 'P./ // // /v, // Or W.� 28.3 / A / // �t / -,r \\\ (F) E` e.He° o / /// /J1r' 74:7 A///li a �/ za.z. 1 i.18 5 w ( � LC7/r// 5 �°p/' w yi 4 EXISTING EXISTING \ / I o z°o I �,M // // // �•��" ff 0 9/ $ HOUSE GARAGE ICa iii♦ =' dY I I� •�� // // // / � \�r.� �i �#2866 ry (B) I I 9uawNcctEAgs,/__ i� .� u�$ I /l/ / // I CC / // /I (M) Ikr '� a BLACKTOP ° 0 LINE 0.1_........... _ ,// // /,/ // // k -- / /i , 314-. 126 j l // // // / I (D)4147EXISTING //�/ —// // // / o / / / . BUILDING / ".N / �/ // // I // J l ` 40.1 ' r UPPER"I i,,o ' // 3$25 / /�/ /.Np "°oK°n PLts>� ' o O %1 re3.» / •"t" 1y war / / , S 7g �°"°,rE1Es ,v tK (T) \\ N 4 ,,�, l , ' MII�I[���•,O. / i_ �4.��/ 3 _0:41._ yp �QQ 00°imp rG) IEYSTONE W �1�1 / ! I I / ^''^�. t (L) (K)_. I ! a ' ,lt ii / seira, � we 1 I 27,75 (� l / / ,!47 ' ///-/ � I e••P i'e40. .i�-w'y. _,� \\ 1/ /1 - ._- - 184.gQ Q j... . / / / / / / / / , / •. �`\ ) V E / / / , / / / / / /! / // \\ \\ �.......ki a; LOWER a> c.q'a.,.... 1.28 \'-\"(... _�L .. x 1 / / / / ( / i I I I I I , / / i. le ya31 / N\ �0�srl L� / , / I I / J �_, () 1 .! �.) LIAM 1L°oa, \ c I M - a / i I I l l l / / / I / " EXISTING i s $s I / I 1 li di / l / I / l / ' ��.. HOUSE A I eaxOEa i'h II S k / i ! I l i l / / / \ _DECK__CK� #2877 / w „ : • A 1 I // ,I / ! / / / / I a e 7 1 ,. / I I / / , , / I / , / / / I/ __ a o ---'-1---1---LL 1 / I l I I / / / /1 '11,1111',/ rt0 \i it ,1 -4---1-1....1,�I I / / • l J_L`_ I +3.1 .JI ij WALL Rio LEGAL DESCRIPTION OF PREMISES: t... \ •If Q _ LA,'4,,,,,, 11! Lot 136,SPRING PARK tO �`'_``-� �1 \ This survey shows the boundaries and topography of p j1� o F - \\ I I the above described property,and the location of anco. I \s, I , existing house,garage,boathouse and all other visible 5 CC _ _ GARAGE ROOK' BLACKTOP-I I "hardcover"thereon.It does not purport to show any w 0 10 20 40 A�� .,, ,�1 "S°°' DRIVEWAY I other improvements or encroachments. c`' / y,FFI. �.0 .. (JE3 A I I I • : Iron marker found y.}.i.t,■ �. 1 V�� ^� r•• =L_ / I o : Iron marker set J — 1 --.3-—: Existing contour line 16....e 487 CERTIFICATE OF SURVEY FOR z" GORDON JAMES CONSTRUCTION, INC. 1 71 OF LOT 136, SPRING PARK w6 • HENNEPIN COUNTY, MINNESOTA a"W / . / EXISTING cn c;> Q II i 1 t'-3 g'; o r / HOUSE '43J a 10 L 0 T 1 3 7 / /285 /! A' - �� l ' ��IIS l� 7g�•�•�E z LAKE Ii��/ / a CO MINNETONKA /� ii `lo w, `--- II 'N smEv .1 fO / •' ,'"'y I ,� R el 204.46 i r 4vSJ TA E ' _ Aay �./ // ' yev.•l N • •'• •.0, s)eea'eAak Leatac°ap / e ><. ,yo ra _ '• •1Av i� �UE / / PROPOSED d�, nas,Mo • • mew a •CAT ' �� �' i• .. .)a / E , LP' �E a o f' ,>114r..!. 'i n ire• C� P � HOUSE a - - P l/ ;,,,c,--\--- (r) • t 0.)a '. ;_ 'CPOSED ti ' ' �\ wrwa • ,f �_�� /2665 •-•vgwAv J j o 0 /I , -�.•'%2s -- ___ r aT , ms n_ -14 .,, 3 .§E 9 1 0 ptj 771; ry_j9.p0 _- v ..„............ . ..1 ,14-21611,4F-74"';;.;• •at (e �' !•lK a e a—; s<,raa N a , .El e At d / (•ea,,•••••••••• r.- U g§fie\a 164.90.__._. ?6.•e ....••q• .#�. , /' L 0 T 1 3/5 # ,,___r.n.,_••: .�:� ; �, r� EXISTING tr...: I I@gy , HOUSE •� /2677 -ekr, • • I • LEGAL DESCRIPTION OF PR9,15505 • • Lot 136,SPRING PARK "cell* • denotes iron marker found Nell* (sOt)): denotes eaieling spot elevation,meg sea evel datum 1®p, denotes proposed spot devotion,mean sea kvel dclum 917--: denotes eaisl'ng contour fine,mean sea level datum PROPOSED ELEVATIONS (verify) Lam_ denotes proposed tartar One,mean sea keel datum 1)Garage- A Deaigs shown ore based upon on assumed datum. This eu•ve 2)Top of foundation=I� t\) y inteCie to shoe tore boundaries of the eeove o'oge,to properly,the bcotion of o es:ting boat house,tar 'n,house and wage,to be removed.soot 3)first floor=1981111 spadesah topogaphe and the proposed location of ona ¢atlas thereon.It does not Purport to shoe any ether ovements or encwcMnants. 4)Basement=il a, to-zit 1 s c_ X �' W k sz' 60WWW6006666 WW 6 6 G N 6 w � t 1 / \ \ '66 W W W 6 • 4. 6 E 6 3 E ' I aV a 6 I ] • •is , ``s 1 fil 1 .,A1T-- /6 1 ,- : I i - 3 _1 /� Alt, � 1 .41k 3 t €moi c i 3. i.[ 'Alta ,40- w .1 S"� m- OWN* *V 0 4 '11 lir 0 e� r_ 4. ___ = 7 = 1 . ..,_ 1 i iI _ ______ 0 1 1 , __ ____1e 1 1 '; PC Exhibit E Gutermuth Site Photos—8/17/17r. : '. #17-3965 ' . '``�" 4 , t._ Olt " \ mss+; , + • ,,t � 4* ' `-^ • T.1.4,4,. •t4,..."4.sre.);t• '• - ,,,,M)6." •,. k • T-y,,04s... • c` ,. I _.,tr.,_,_. _.... . * .37- - ice' _ �^ ^i P 5 A'1 aiT40.+A • T #F ��, _A� • `.S �9�, "' ! mer .�1�,„ .!f '! I_ • j 7 +n. v. „ '' a. 'l4 ar . Tc • View from bottom of hill towards steep slope and run-off Exposed roots behind boathouse • . I . -:4:4111r*i; .. 'ilk! „-:„ ,.'..'-','. /... ..../' ., 1 ' .. . 1 . '. :I:- - ''‘f ':''' '' .'1.... i:"'" / A r r . _, , .. ArTy• . . '$ifr. ":4. f. „ ' • -;11i'' ' . ' . ' ' • • ' : .',. .. . ' il ....--li,,,/ 6 4 i{ •)t:. f }, 4 / J - ' �:- ". •1. :...ya r n f r I. ., a j. 4 yrs , 4 Ji ¢h,1• r .1F I ' • j • a) 'a "I.-' 0 L 0 (73 0 16 •• C a) .1,-.7,'41-f 4 _C • 4 JD Q 73 C -• • Ln • �1 ,me , , , R, .,r7,1".' ''• ".:•;:{e ):•,,-, . ' .,,,•1!, r - ._i••••• , ,4!,, Y. 17-..,.',..$ ..., / , :•-• . -• 4- r-N.,,-4- el‘'`4.,' ,:mtte ' : — '•• ...li .1- ••""i-i•tf- 0,., ' •o•-•,;.,. ..---. ..->v-, ,-•..- ' . •11.‘ '.' "it,'„•'*., .L'' •--- 41.;.--• -,?---'-';'''-::Ps44*--, c - ..... • •,,+.-, 'ci,. ---- . - --i:,---,I•f-'71._•,-,,,,,-,41S V ' :1'.•``-„,':* ••..7.:(,•.',- "--,A0.: -.--,,,,',4, ---- , -. . : '4..:74'.4.4.... ••-n,-.1.......' . , ,_ --•••---)4gvitol,-.0-1. 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I g-A6 11:.km .[nt. 1 1, .;:l.bitl 1.14 TE,- !_li.irr '/gr§ i VPi 41 11;4140511i0 iiYei , igitil lig itisipik2Esili -ell.iii S..•-: ii3; 1 1 i ;alai g nillIfifilla Ilinli co L.)° LL . 'A, Al 040 1 —• II II1'4'••• ,,,,z t ,,,, A — = —,,_, 1, LE III .4' 0 .1- ,4_ - I. ist 1 $ • (i. mao P' F- 1.01 I 0 il V @I ” gpmwe t I II II r t j Itlil'- r- : ...... 1 E ----1 ) irio ii [w [ [ 1, , [ [ — [ , , .---- 1 PC Exhibit G #17-3965 City of Orono ti�oNo, Hardcover CalQulation Worksheet _3 Property Address: z 6'6-5 CQrc0 /7r .?4. (tro/t,t1,5,v ,",MS's) -` Prepared by: u•Ao u�E•t c ykinvc/d rcr, ixic. Date: 9-2 f9-las' Sto'mwater Quality Overlay District Tier: (Circle one) er Tier 2 Tier 3 Tier4 Tier 5 Step 1: EXISTING HARDCOVER in the following table Identify ell Items of existing hardcover on the property,keyed by letter to Certificate of Survey(survey must accompany this form). Use es many lilies as necessary to accurately depict existing hardcover status of the property. For Tier I properties,Identify any features by letter which are split at the 75'setback line and calculate hardcover square footage separately, for each portion. f(ey to Hardcover Item (Describe) ! Tota! Survey Length X .„, ,—i�.uai•e Feet) (Exanple) {Ger so). . .. „ :_�}:if24''ic .61 .- ..... ..fti:sr,l:; —A I /4' i re- (^,v i44"-. I / / V S.F. • B i G-Z.e,r &C- 6,.9/ S.F. C 6'0,17'//0Ee.t e 2 8 6 S.F. D BeAl ckr6V At iii k-eX r 6c9, . S.F. E OFck ,t .TrEP.5' '32 ? S.F. F Dc•CA" ,r r ix k€ 2 y 7 S.F. G f, �u I- .r c k f fro, dr ,Ye6e,1'f /c,z R4 c . y R s.F. I J9PRo,ti..i .Cr G-it/LA-G 7 ht S.F. J f4."-/ 3 7o i S.F) K /cc.`.f7gj•tiC Gr✓,1 LL . S.F. am.►r-. re .r'7"Aft- ty_A f . . L .lI '�7S.F. ry tit c.,.�/A c c 0 t y� jt S.FJ P 1- i r ____7_7____"1,5_c_____. : :S.F. ,./Q . F . 2 S.S.F. 7 �F' R - Fitts Rini . • IT—T.F.2 S _ t,,e�d Y 6.02A&C ®S' S.F. T ! F .� + . ! y S.F.• 2 a Vti so es dtdCi - S.F. W — S.F. X S.F. 111111 Y Sc. • Z _ .S.F (1) Total Existing Hardcover Exaletii li'1e1{tetro.!er?(S4iskgo:iti—.0 01.4) . _ ` --• f___S.�I� AI4- �t 4"i D1 4- .L.114L ,C_ . 271.?7-FJ'/4 S4.24L •. __. . ..1"L. S•I - 1 �_S.F. t S,F` (2) Tota Excludable Hardcover ..�.S F , (3) Net Existing Hardcover [Subtract lne(2)tom I;ne(1)1 �..___. ...r..W_.,_,.__.... (Notal Lot Area F' • Existing Hardcover Percentage [(3)4. 4e�rV(4)1 � E]CD /0 -77-77-97."17,_20_2= iI (Proposed Hardcoverdaael ED eiv • Janrery8,2013 • AUG 2 3 2017 39 6r; ... . . CITY OF ORONO RECEIVED City of Orono AUO 2 3 2017 /,4oNo\ Hardcover Calculation Worksheet CITY OF ORONO i Property Address: , / 130 er, _ •`f14-„o% Prepared by: _ Date: s- . Stormwater Quality Overlay District Tier:(Circle one) Bier I) Tier 2 Tier 3 Tier 4 Tier 5 Step 2:(RRSED HARDCQYE) In the foJlowing table,iderttifiy ai ifems of proposed hardcover on the property,keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that wilt be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property.For Tier 1 properties,identify any features by letter which are split at the 75'setback line and calculate hardcover square footage separately for each portion. Key to i Total Survey Hardcover Item(Describe) Length x Width Square Feet (Example) (Garage) (24'x 30') (720 S.F) A 41,)r..;'ri• et r S.F. Bi ri,� r'.•�'fs . +ur.P S.F. C .14:1:!4 141•4i^t. _ `!, S.F. r'.+fllrri:.r5” evt`'i. .4.i/,..t-. , f O • S.F E Ai.•' 1,,n-,i1f`r' 7",-50, S.F. F e?".;x F i4 r:[.r.E-f' e'C.,. 3-e"-')..4-C) ? tt S.F. S G� �i�s.�.,�:,u�,,;..,_. .. :=s , �. r:; ,: � •.�- ', . �4- I ^'+.iC-t,' Xi`r. ;4..4Z.. S.F. ,... `r r e S. J ..47.0-A d'i,..r .t-•.'7.. ....r" r 4' S.F. K �}r 7-0.-.07 -0.-.0l L . 4 ice..,k'ir{+"�•� w.�6.r... 1 e Y' S.F. RA S.F. N S.F. 0 S.F. P S.F. o a S.F. R 1 S.F. SS.F. T �—�- ---- "— S.F. u S.F. V S.F, W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover r 7 7 9 S.F. Excludable Hardcover(Sea City Cods 8sc 7a-1e114): 1) !•• .. !. -0«;---ri tAte"ri• elf ie''r.: 3I.-:- 3 C, S.F. ,. ,. 4•...* . . _...'! r 9 S.F. 7 S.F. ! 1 9/ S.F. S.F. (2) Total Excludable Hardcover r S.F.' (3) Net Proposed Hardcover [Subtract line(2)from kne(1N sr7 f S.F. (4) Total Lot Area I.; 2 7 s S.F. Proposed Hardcover Percentage [(3)+(4)] „2S:1_lt x, u e} *.; Subdivision A ppNt abrin-January 2018 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the mlbrmetion contained herein;however,if any shibmfetan is not consistent with provisions of the City Code,ere Code pprumbrarrs will preyed Page IP i PC Exhibit H RUN DATE;08/14M17 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) P/ #17-3965 38 20-117-23 23 0001 38 20-117-23 24 0003 38 20-117-23 24 0039 G ERICKSON/S ERICKSON TRUSTS D L RUNKLE&L F RUNKLE J W&131 EESSEN 2683 CASCO POINT RD 2684 CASCO POINT RD 2648 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 GERALD ERICKSON DAVID L RUNKLE JEFFREY&BARBARA ESSEN SANDRA ERICKSON 2684 CASCO POINT RD 1648 CASCO PT RD P.O.BOX 584 WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55395 38 20.117-23 23 0002 38 20-117-23 24 0004 38 20-117-23 24 0046 ROBERT BREON/JULIE BRANDSMA D L RUNKLE&L F RUNKLE MICHAEL D REVIER 2691 CASCO POINT RD 2686 CASCO POINT RD 2691 ETHEL AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ROBERT E BREON DAVID L RUNKLE MICHAEL D REVIER JULIE C BRANDSMA 2684 CASCO POINT RD 2691 ETHEL AVE 2691 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20.117-23 23 0003 38 20-117-23 24 0021 PETERSON-VOMITED P?NRSHP BARBARA I PALMER 2695 CASCO POINT RD 2710 CASCO POW RD ORONO MN 55391 ORONO MN 55391 MARY A PETERSON BARBARA J PALMER 6445 VIRGINIA DR 2710 CASCO POINT RD EXCELSIOR MN 55331 WAYZATA MN 55391 38 20-117-23 21 0004 38 20-117-23 24 0022 MARY C ENGER&MARK M ENGER D P BUESING&L R RUNNING 2697 CASCO POINT RD 2700 CASCO PONT RD ORONO MN 55391 ORONO MN 55391 MARY C ENGER&MARK M ENGER DANIEL BUESING/L1NDA RUNNING 2697 CASCO POINT RD 2700 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0005 38 20-I 17-23 24 0029 Ti&S A IUNOELS ETAL TRUST DUSTIN KINDL&CASIE L KINDL 2715 CASCO POINT RD 2649 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 SHIRLEY A JUNGELS DUSTIN I KINDL THOMAS J JUNGELS CASTE L KINDL 7730 LOCHMERE TER 2649 CASCO POINT RD EDINA MN 55439 WAYZATA MN 55391 38 20-117-23 23 0020 38 20-117-23 24 0030 ZEIH[JA LIU&YING LIU N J GREENE&A K GREENE 2677 CASCO POINT RD 2645 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ZHIHUA LIU&YING LIU NORMA GREENE&ALAN GREENE 2677 CASCO POINT RD 2645 CASCO POINT ROAD WAYZATA MN 55391 WAYZATA MN 55391 38 20.117.23 23 0021 38 20-117-23 24 0031 D D GUTERMUTH/L I GUTERMUTH MELISSA T ALBACHTEN 2665 CASCO POINT RD 2635 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 DAVID D OUTERMUTH MELISSA T ALBACHTEN LYNN I GUTERMUTH 1016 PARK PLACE 2665 CASCO POINT RD BURNSVILLE MN 55337 WAYZATA MN 55391 38 20-117-23 23 0022 38 20-117-23 24 0032 KARL S FREIENMUTH T P KUBALAK&P M KUBALAK 2659 CASCO POINT RD 2623 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 KARL S FRE1ENMUTII THOMAS&PATRICIA KUBALAK 2659 CASCO POINT RD 2623 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0001 38 20-117-23 24 0035 D L RUNKLE&L F RUNKLE G L MARQUARDT/J M MARQUARDT 2684 CASCO POINT RD 2617 CASCO POINT RD DAVNOID R1 5539NKL ORONO& 55391 !a 3965 DAVID L RUNKLE GARY L&JOAN M MARQUARDT 2684 CASCO POINT RD 2617 CASCO POINT RD WAYZATAM-N 55391 WAYZATA MN 55391 38 20-117-23 24 0002 38 20-117-23 24 0038 TODD M KIMMES E J VOOSTROM&E A VOOSTROM RECEIVED 2660 CASCO POINT RD 2618 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 TODD M KIMMES ERIC J VOOSTROM 2660 CASCO PT RD ELIZABETH A VOOSTROM AUG 23 2017 WAYZATA MN 55391 2618 CASCO POINT RD WAYZATA MN 55391 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. 396 RECEIVED AUG 232017 CITY OF ORONO 'wows rem— ""CI' A Bend along line to i Use Avery®Template 5160® Feed Paper expose Pop-up Edge"' j WARY®8160TM 38 20-117-23 23 0001 38 20-117-23 24 0003 38 20-117-23 24 0039 GERALD ERICKSON DAVID L RUNKLE JEFFREY&BARBARA ESSEN SANDRA ERICKSON 2684 CASCO POINT RD 2648 CASCO PT RD P.O.BOX 584 WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55395 38 20-117-23 23 0002 38 20.117-23 24 0004 38 20-117-23 24 0046 ROBERT E BREON DAVID L RUNKLE MICHAEL D REVIER JULIE C BRANDSMA 2684 CASCO POINT RD 2691 ETHEL AVE 2691 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0003 38 20-117-23 24 0021 MARY A PETERSON BARBARA J PALMER 6445 VIRGINIA DR 2710 CASCO POINT RD EXCELSIOR MN 55331 WAYZATA MN 55391 38 20.117-23 23 0004 38 20-117-23 24 0022 MARY C ENGER&MARK M ENGER DANIEL BUESING/LINDA RUNNING 2697 CASCO POINT RD 2700 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20.117-23 23 0005 38 20-117-23 24 0029 SHIRLEY A JUNGELS DUSTIN J KINDL THOMAS JJUNGELS CASTE L KINDL 7730 LOCHMERE TER 2649 CASCO POINT RD EDINA MN 55439 WAYZATA MN 55391 38 20-117-23 23 0020 38 20-117-23 24 0030 ZHIHUA LIU&YINO LIU NORMA GREENE&ALAN GREENE 2677 CASCO POINT RD 2645 CASCO POINT ROAD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0021 38 20-117-23 24 0031 DAVID D GUTERMUTH MELISSA T ALBACHTEN LYNN 3 GUTERMUTH 1016 PARK PLACE 2665 CASCO POINT RD BIJRNSVILLE MN 55337 WAYZATA MN 55391 38 20-117-23 23 0022 38 20-117-23 24 0032 KARL S FRfiMNMUTH THOMAS&PATRICIA KUBALAK 2659 CASCO POINT RD 2623 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 3965 38 20.117-23 24 0001 38 20-117-23 24 0035 DAVID L RUNKLE GARY L&JOAN M MARQUARDT 2684 CASCO POINT RD 2617 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 FtECEIVED 38 20-117-23 24 0002 38 20-117-23 24 0038 AU0 2 3 2017 TODD M KISS ERIC J VOGSTROM 2660 CASCO PT RD ELIZABETH A VOGSTROM WAYZATA MN 55391 2618 CASCO POINT RD COY OF ORONO WAYZATA MN 55391 Etiquettes fatales a peler A Repliez a la hachure afin de Utilisez le gabarit AVERY®5160 Sens de 1-800-GO-AVERY-AVER charaement reveler le rebord Pop-up"" ! 1-$00-GD-AVERY h Item 3 Date Application Received: August 23,2017 A, Date Application Considered as Complete:September 7,2017 60-Day Review Period Expires:November 7,2017 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator 4kFsttoV`'` From: Laura Oakden, Planner LLO Date: September 18, 2017 Subject: 17-3967, Rick Hendel Hendel Homes o/b/o Michael and Vanessa Smith, 3060 North Shore Drive,Variance, Public Hearing Application Summary: The applicant would like to reconstruct a new single family home on this site and is requesting the following: 1. A lot width variance. 2. A lake yard setback variance. 3. An Average Lakeshore setback variance. 4. A side yard setback to allow increased building mass within 8.8 feet of the lot line where a 10'setback is required. 5. A variance to permit crowding of the principle structure to allow a 1.5 feet setback between the principle and accessory structure. Staff Recommendation: Planning Department Staff recommends approval of the requested variances. Background Hendel Homes is building a new home for Michael and Vanessa Smith on the site. They are working to construct the home on the same footprint and re-use the foundation of the existing home but are proposing to replace and existing lakeside deck with an enclosed roofed screen porch which creates additional volume and mass in the average lakeshore setback and within the 75 foot lake yard setback. They are raising and altering the roof line of the new home compared to the existing home which also increases the mass within the 75-foot setback. They are requesting a side yard setback to increase the volume of the portion of the home 8.8 feet from the west lot line to raise the roof line.The addition to the home proposed adjacent to the existing detached garage results in an increase in the massing. The applicant is asking for a variance to be closer than the required 10 foot separation between buildings. LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: DISTRICT LR-1B Required Existing Proposed Rear 20' 373 364.5 Side 10' 8.8 8.8' Lakeshore 75' 59.5 59.5 FILE#17-3967 September 18,2017 Page 2 of 6 Average Lakeshore 59.5 Though the lot in non-conforming as to width,the side yard setback adjustment would not reduce it below 10 feet. Section 78-330-Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1 acre) 140' Actual 62,298 s.f. (1.4 acres) 107' @ 75' / 106'@ OHWL Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 62,298 s.f. (1.4acre) Allowed: 12,459.6 s.f. (20%) Proposed: 4,433 s.f. (7%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier 10,861 1,031 s.f. 12,625 s.f. 1,031 s.f. 15,574.5 s.f. Tier 1 62,298 s.f. s.f. (25%) (17.4%) w/in 75' (20.27%) w/in 75' Applicable Regulations: Lot Width Variance (78-330) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080, can be installed or the lot is connected to a public sewer;and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's 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. Lake Setback Variance&Average Lakeshore Variance (78-1279) The applicant is creating a new encroachment into the 75-foot setback and within the average lakeshore setback by enclosing an existing deck to create a roofed,screened porch;the new home is considered a new encroachment into the lake setback as they propose an increase in FILE#17-3967 September 18,2017 Page 3 of 6 the height of the roof.The proposed screen porch and house foundation are within the same footprint as the existing home and deck. Please see the renderings attached as Exhibits D and E Side Yard Setback Variance (Sec. 78-330) The existing home sits 8.8 feet from the south side property line. The applicant is proposing a higher structure and the mass of the building will be greater within the setback creating a new encroachment by volume,which requires a side yard setback variance to allow. Crowding Principle Structure Variance (78-1439) No accessory building, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory building.The encroachment between the home and detached garage is existing. The applicant is proposing to maintain the existing distance between the principle building within the substandard setback for separation which would increase the mass and volume. The principle structure will not move closer to the accessory structure than the current separation setback. Combining the roof structure and constructing a 'watertight' linkage (i.e. breezeway) between the two buildings would negate the need for this variance. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance The lot width variance is consistent with the general intent of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as there is currently a deck encroaching into the setback and by adding a roof and screen walls, the neighbors lake views should not be impacted by the expansion.The side setback variance requested for the home is reasonable considering the existing encroachment. The crowding principle structure setback is existing and is not proposed to encroach closer than existing to the accessory building. 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 FILE#17-3967 September 18,2017 Page 4 of 6 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 in the proposed location,within the side setback and lakeward of the average lakeshore setback and 75'lake yard setback,appears to be reasonable as the property's narrow shape creates a difficulty and owners are not encroaching closer to the lake then the footprint of the existing home. b. There are circumstances unique to the property not created by the landowner; The substandard width of the property is not a result of actions by the landowner. The setback encroachments are not increasing closer to the property lines. c. The variance will not alter the essential character of the locality. The lot width variance will not alter the character of the neighborhood. It does not appear that the average lakeshore setback and 75'lake yard setback variances to permit the new home and enclosed deck for a screen porch will adversely impact views of the lake currently enjoyed by the adjacent property owners. Additionally,the requested side setback variance and crowding principle structure setback does not create an increased encroachment to the property lines. 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-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The width of the lot as well as the curve of the shoreline create a unique circumstance which is peculiar to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The width of the lot as well as the curve of the shoreline create a unique circumstance which is peculiar to the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Staff finds this condition to be true. 11. The granting of the proposed variance will not in any way impair health, safety,comfort or morals, or in any other respect be contrary to the intent of this chapter.Granting the requested variances will not adversely impact health, safety,comfort,or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The width of the property and the FILE#17-3967 September 18,2017 Page 5 of 6 curvature of the lake shore along with the placement of the existing structures on the lot create practical difficulties affecting the property; the variances are necessary and do not merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties,Analysis Staff finds that there are practical difficulties inherent to the lot shape, size,and location of the home with respect to the shoreline,which support the granting of reasonable variances.The Planning Commission should discuss whether variance for the crowding of buildings is appropriate. Engineer Comments The engineer will review the grading plans when they are submitted for a building permit. 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 recommends approval of the requested variances. The applicants have demonstrated practical difficulties to support the requested variances without generating neighborhood opposition. A complete building permit application should be submitted and reviewed. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Variance Identified Site Plan Exhibit E. Overlay Plan FILE#17-3967 September 18,2017 Page 6 of 6 Exhibit F. Proposed Plans and Elevations Exhibit G. Submitted Hardcover Calculations Exhibit H. Neighbor's support Exhibit I. Photos Exhibit J. 3D Image Exhibit K. Property Owners List and map PC Exhibit A #173967 City of Orono Variance Application Street Address: Application# /7. 3 9(o 2750 Kelley Parkway �'1 ' rO Orono,MN 55356 Date Received: 7r-A3-17 Main: 962-249-4800 Staff: fax, 962.249-4816 Fee: $700 MagiAddress: P.O.Box e8 Escrow: $700 / $2,500 p tO �G Crystal Bay,MN 55323-0086 Notes: 'SEs tiOr 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: Jb p b r. U.)O moo -Q ,VY1vJ 5539 DESCRIPTION OF REQUEST: VilfVet- *Cp.- ik013 Its ltd. (attach additional sheets as necessary) APPLICANT INFO TION' D eck here If App icaM�Gould be used for billing Applicant d�l.S Rc�,,�k,, Phone(Primary): .—fp Mailing Address:, f „ afcti/ /OS City:14 ZIP: Email: bide-62'x*A • r ccsM PROPERTY OWNER INFORMATION: 0 check here if Property Owner Is same as applicant check here If Property Owner address should be used for billing Name: `SNr\k.cfir.n�\ .LL �o,.>r-e-g 5 O._ ^Me •-M-\ Phone(Primary): > xti a - `‘.\-kt> _ r-k 5 p Mailing Address: k O tD `j r j- , City: 1(Y‘,.4s .',1--,Q ZIP: 5 S 3 L%c Email: qt�m�V� �'�h t- APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is hue and correct to the best of his/her knowledge. The applicant and property owner recognize that they ere solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents,Commission and Council Members for purposes of investigation and verification of this request • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributed via em 'L / Applicant Signature: ! Date: fr/Z Z-//7 Applicant Signature: Date: Property Owner Signature: err r4 Date: 007 Property Owner Signature: k J 1_ _ � Date: Cj `a t- 1 Variance Application—January 2017 C E1VEp Page 4 AUG 2 3 2017 # 3967 CITY OF ORONO g►-woko City of Orono Variance Pre-Application fiMeeting Form y - xFSHo�� (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Onlv:. ... • City Planner. .:• .• -:., Meeting Date/Time: . PC 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: 3()CaC N.K3'r ksv-15\r‘o r '- - \-x • M 5 Property Identification Number(PIN): 0 C\ — \,\71 - R3- 3 oZ -o tl Zoning District: Size of Property: \ a R C— DESCRIPTION OF VARIANCE REQUEST: 0 Average Setback 0 Side Yard Setback 0 Rear Yard Setback 0 Lake/Front Yard Setback ❑ Hardcover 0 Lot Coverage 0 Lot Area 0 Lot Width ❑Other: Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials: Difficulties Documentation Form, understands It as It has been explained to them, and Is Property aware that it must be completed end submitted In conjunction with their formal variance Owner's /451 rc application. Initials: Applicant's n t.- BILLS AND ESCROW: Owner and/or Applicant shall Initials: 1�* pay for consultant expenses Incurred In review of this application and/or additional staff time not covered in initial application fee, Property �I/tf as well as provide an escrow In the amount of$� ZW• to guarantee payment of the Owner's BUT� above. Initials: OTHER INFORMATION: 'Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: Date: 1/221/7- Owner Signature: ./I ' , Date: er!--7/97 1►vvv\l" variance Application—January 2017 RECEIVED Par s AUG 2.3 2017 3967 CITY OF ORONO City of Orono x-io Hardcover Calculation Worksheet 1 Property Address: 3060 North Shore Drive (our survey 170880) ,yr`1 4 c j Prepared by: Thomas M. BLoom P.L.S. No. 42379 Date: 8/21/2017 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 3,008 S.F. B Garage 391 S.F. C Deck 216 S.F. D Bituminous Drive 6,831 S.F. E Concrete surfaces 320 S.F. F Shed 195 S.F. G Retaining Walls 42 S.F. H S.F. I S.F. S.F. K S.F. L S.F. M S.F. N S.F. a S.F. P S.F. 0. S.F. R S.F. S S.F. T S.F. S.F. V S.F. W . S.F. X _ S.F. Y S.F. L 5.1-. (1) Total Existing Hardcover 11_003 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 42 S.F. Decks with 1/4" spacing (Width needs to be verified) 100 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 142 S.F. (3) Net Existing Hardcover 10,861 S.F. 1 (4) Total Lot Area 62,298 S.F. Existing Hardcover Percentage [(3)/(4)) 17.43% RECEIVED - 3967 AUG 232UiI CITY OF ORONO City of Orono ,* 0.vo Hardcover Calculation Worksheet r } Property Address: 3060 North Shore Drive (our survey 170880) YL� Prepared by: Thomas M. Bloom P.L.S. No. 42379 Date: 8/21/2017 (^kis nov 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 3,008 S.F. B Garage 391 S.F. C Deck 216 S.F. D Bituminous Drive 6,831 S.F.' E Concrete surfaces 320 S.F.' F Shed 195 S.F: G 'Retaining Walls 42 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. O S.F. R S.F. SS.F. T S.F. US.F. V S.F. W S.F. X S.F. Y S.F. L S.F. (1) Total Existing Hardcover 11,003 S.F. Excludable Hardcover(See City Cade Sec 78-1684) Retaining Walls 42 S.F._ Decks with 1/4" spacing(Width needs to be verified) 100 S.F S.F. S.F. S.F: (2) Total Excludable Hardcover 142 S.F. (3) Net Existing Hardcover 10,861 S.F. (4) Total Lot Area 62,298 S.F. Existing Hardcover Percentage [(3)/(4)1 _ 17.43% RECEIVED AUG 2 3 2011 CITY OF ORONO # 3967 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 am 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." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner.' 3. "The variance,if granted.will not alter the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.' 5. 'Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes,Section 116J.08, Subd.2,when In harmony with this Chapter.' 6. 'The Board of Appeals and Adjustments or the Council may not permit as a variance any use that Is not allowed under this Chapter for property in the zone where the affected person's land is located.' Variance AppAcetbn—January 2017 RECEIVED Page r � AUG 2 3 2017 6 CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." • 8. "The special conditions applying to the structure or land In question are peculiar to such property or immediately adjoining property.' 9. "The conditions do not apply generally to other land or structures In the district in which said land is located," 10. "The granting of the application Is necessary for the preservation and enjoyment of a substantial property right of the applicant.' 11. "The granting of the proposed variance will not in any way impair health,safety,comfort,morals,or in any other respect be contrary to the intent of the Zoning Code.' 12. 'The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described In the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): RECEIVED Variance App& tion—January 2017 Pege 8 AUG 23 2017 # 396" CITY OF ORONO Practical Difficulties Documentation Form 3060 Northshore Dr., Orono 1 . "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." The property owner proposes to use the property in a reasonable manner not permitted by the Orono Zoning Ordinance (Lake Setback) with the construction of a new home in the existing footprint. The neighbors to the South will not be affected by the new construction. The neighbors to the North will be affected only by the average lakeshore setback and new screen porch on the residence. The neighbors to the North are at a higher elevation. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The existing footprint of the house was Inside the 75 foot setback before the current owner and we Intend to keep the original footprint Inside the 75'setback Intact for the construction of a new single story home. 3. "The variance, if granted, will not alter the essential character of the locality." It appears that the essential character of the locality will not be altered with a one story walk out new home In the existing footprint. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." Economic decisions have not been the only factor in this variance approval. 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." This condition in not applicable. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." This condition in not applicable. 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 In not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The topography of the lot is lower that both adjoining properties and the foundation is existing and intended to be used for the new construction. RECEIVED 3 AUG 232017 CITY OF ORONO Practical Difficulties Documentation Form 3060 Northshore Dr., Orono 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant and owners in keeping the existing topography to the lake. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting the requested variance for the home will not adversely impact health, safety, comfort, morals; nor will it be contrary to the intent of 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 variance will allow for less disturbance and is necessary to alleviate demonstrable difficulty with saving the existing foundation to construct a new home. Trees to South... Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): RECEIVED # 3967 AUG 232017 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, 'Tennessee warning",we would like to inform you that your request for a pemlit 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. 7l/Chellt/4"742--.1 1,4 Fire eJs.� fi c ie ,.;Last 3o /U 4.s%..e-4.,_ ),-,f.(- rzn - ss.??1 Address i✓`41 zdek-r0 /174/ .5T.5—s)71 6/2 Yvo- City State Zip Phone (/Z 9f/--5¢2 6 I understand my rights as stated above. r / ;xi J Signature, t Variance Application_January 2017 RECEIVED Pape 14 AUG 23 21111 3967 CITY OF ORONO Hennepin County Locate H & Notify Map Date:8/22!2017 08-117-23-14 09-117-23-23 09-117-23-24 itowebbes Mcrno k ark ("--------- 2'. r i \ 08-117-23-41 1 32 4 �' ' " -23 31, bt ;' MI • r,, I 09-117-23-33 08-117-23-44 '09 1 i 23-34, u)tttS ;'ott+!It e. { Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I ! I I l 1 1 1 I 306 Northshore Dr. This da>n () a famished 'AS IS' w91h no repreaentaton as tc Property Owners List completer ess or aoaracy.(i)L.-LAtahed with no wa rarity of any kind; acid (ii) la rata!table faglabia�ae n y or a reey'rp purposes.Hennaplr.County atiell not be fabb far any damage,injury RECEIVEDarfoesreeuRytgfromlhiadate For mom inLnnelwn.corcacc Here,eprt Gaunly 4715 Ofhc p AUG 23 Z°1/ x-435111 Street SAL Mrnnepeln.AMt 65c9K.1 �napn� 7 # 2 R CITY OF ORONO Easy Peel's Labels i Bend along line to Use Avery®Template 5160® Feed Paper expose Pop-up Ed9eTM AVERY® 5660TM 1 1 38 09-117-23 32 0001 38 09-117-23 32 0019 NANCY KUHL ED WARDS LAURENCE&JANET REARDON 3065 NORTH SHORE DR 3080 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0002 38 09-117-23 32 0020 JAMES BLUE RALPH E SMITH 9610 SKY LA 1175 ELLIS ST EDEN PRAIRIE MN 55347 APT C114 SAN FRANCISCO CA 94109 38 09-117.23 32 0003 JACK R SWENSON 3020 NORTH SHORE DRIVE WAYZATA MN 55391 38 09-117-23 32 0004 KATHRYN D KALLAS 3048 NORTH SHORE DR ORONO MN 55391 38 09-117-23 32 0006 DANIEL J MCGLYNN 3090 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 32 0007 RICHARD A BORN&TRACEY BORN 3120 NORTH SHORE DR ORONO MN 55391 38 U9-11 7-23 32 0014 MICHAEL R SIME 3095 NORTHSHORE DR WAYZATA MN 55391 38 09-117-23 32 0015 PAUL A OLSON 3085 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 32 0016 # 3967 THOMAS H&MICHELE K FRAHM 3105 NORTH SHORE DR WAYZATA MN 55391 RECEIVED 38 09-117-23 32 0017 MICHAEL W SMITH `� L)3 2L{I017 VANESSA M SMITH A J I 3060 NORTH SHORE DR WAYZATA MN 55391 CITY OF ORONO Etiquettes faciles a peler Repliez A la hachure afin de I .avery.com Utilisez le gabarit AVERY®5160® Sens de chargement reveler Ie rebord Pop-up"` 1-800-GO-AVERY 1 ESCROW AGREEMENT , 14 AGREEMENT made this _73 dap/rtw'VM ,21bx and between the CITY OF ORONO,a Minnesota municipal corporation ("City")and_kik m44 tfAP A:4h (•Owner(s)•). RECITALS A. The undersigned is/are the Owner(s)of the Subject Property and hereby agrees to and consentto the terms and conditions of this Escrow Agreement. B. Owner has: (check one) N.,' Filed a zoning application# / 7- 3 9 le7 o\ Filed an application for a Building/Zoning Permit# o Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. o Filed an Individual Sewer Treatment System(ISYS)permit application. o Requested to do work within public Right-of-Way o Filed a request for a Temporary Certificate of Occupancy o Other CApplication')on land situated in the City and located at IMIED NOV4'1--15 Lt,g cD4' (the"Subject Property);and C. The City is willing to review or monitor the Application only if the Owner agrees to reimburse the City for the actual costs expended by the City on behalf of,or on account of,the Owner. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: DEPOSIT RIE 1RED. Contemporaneously with the execution of this Escrow Agreement,the Owner 9 shall deposit� ("Escrow") with the City necessary to secure coverage of the total costs associated with view, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW, • 7oninq. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures Including but not be limited to staff time,at the rates established by the City Council,in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City In reviewing and approving the Application and ail other city staff administrative and consultant services performed In the processing of said review and approval. • Bulldina/Zoninq. The purpose of the escrow la to guarantee completion of the site plan as approved and the provision of the as-built survey as required by the Building official. • Accessory Structure. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures Including but not limited to staff time, at the rates established by the City Administrator, engineering and legal consultant expenses incurred by the City in removing an accessory building if the Owner fails to perform the obligations in Orono City Code Section 78-1432 and all other City staff administrative and consultant services performed in removing the accessory building,Including land stabilization. • )STS. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time,at the rates established by the City Council.in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City if Owner for any reason is unable or unwitting to honor the requirements of Chapter 58 of the Orono City Code, and al other city staff administrative and consultant services performed in relating to the Application. The City may also reimburse Itself for all engineering and legal expenses associated with the construction,removal, alteration,or repair of the ISIS If the Owner fails to do so. • Temporary Certificate of Occupancy. The purpose of the Escrow is to guarantee completion of exterior Improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. valance Appicefhn—January 2017 Page 9 3. MONTHLY BILLINtz. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within 15 days for receipt by the Owner. No statement will be sent if there are no expenses incurred In the period since the most recent statement. The City shall itemize all time,services,and materials billed to any Owner and said time, services, and materials shall be in accordance with the rules,regulations, and fees as promulgated and adopted by the City Council. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Owner does not make payment the City as required under paragraph 3,the City may draw from the Escrow without further approval of the Owner to reimburse the City for eligible expenses the City has Incurred. The City shall periodically notify the Owner of the draws the City has made and the nature of the expense for which the reimbursement is being made. 6. REIMBURSEMENT QF ESCROW. The Owner shall reimburse the Escrow fund for any deficits caused if the amount actually expended by,or billed to,the City exceeds the escrow fund balance. 8. JtiGHT OF ENT13Y. • Zoning. This section Is not applicable. • Building. This section is not applicable. • p►ccessory Structure. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to remove the accessory buildIng(s) should the Owner not complete the removal obligations in Orono City Code Section 78-1432. • jam. The Owner hereby grants the City, its agents, employees,officers and contractors the right to enter the property to perform all work and inspections deemed appropriate by the City In conjunction with replacement of the septic system, including but not limited to constructing or completing any and all of the agreed upon Improvements should the Owner not complete those Improvements by the date agreed upon. • Temporary Certificate of Occupancy. This section Is not applicable. 7. NO INTEREST PAID. All accrued interest,if any,shall be paid to the City to reimburse the City for its cost in administering the Escrow account. 8. CLOSING ESCROW. When the review has been completed or the project has been completed,the balance of the Escrow,if any,shall be returned to(check one): Owner 0 Applicant o Other Name: Street Address/PO Box: City/State/ZIP: 9. CERTIFIED UNPAID CHARGES. If the Application Is abandoned by Owner,or if the eligible expenses incurred by the City exceed the amount in Escrow, the City shall have the right to certify the unpaid balance to the Subject Property pursuant to Minn.Stat.§§415.01 and 366.012. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: OWNER(s): BY: I k -.4 �/• -. / . BY: PI tI"IttJ 1+., (41-' i. Valiance Application—January 2017 Paye 10 is 11 ,~ i . ( N ,fit 14::.1:\:s. — ,�+/ i3' .6 s .a>. \ �t 1 tt,/,,,,, 31' ..%.."'s'•.-÷ZIN.... - ''.. - .J 49 I ,,*A.moi o —= /f' ? M • mss_ li ----- -,� / `�\\ ,` w:// /,�,\ '''t ir I • , i 4* / 4, "" .7 '• 0 y. /-_. \\\�" 5 \� �, �N, //;),, 9� AUG 23 2017 I \ 'k / \N. \ \ \ • CITY OF ORONO f LEGAL DESCRIPTION: ��• r \ `• Tract A,exceptthe highway,Registered Land SurveyNo.717,Hennepin Co ` • \ �'I �� g� y, eg epl �,ty,Minnesota \ LEGEND SCOPE OF WORK&LIMITATIONS: + \\ \`S. I 1. Showingthe lengthand direction of boundarylines of the legal \ ` "" t .6\ -Iili CATCH HYDRBARANT description listed above. The scope of our services does not include . . � determining what you own,which is a legal matter. Please check the legaldescription with your records or consult with competent:legal . `� ,\ S.� - FIRE HYDRANT crnmsel,if necessary, o make sure that it is correct and that any matters of record,such as easements,that you wish to be included on the + �. ` \ - POWER POLE survey have been shown. g. `� \ \ \ 2. Showing the location of observed existing improvements we deem necessary for the survey. ap\ \ \ `\ \\ / ® MANHOLE 3. Setting survey markers or verifying existing survey maskers to establish the corners of the property. + Ye �\ •` \ • \ / ® TELEPHONE PED. 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may . \s. "� } 8 ELEC. 1RANS=TRUER have jurisdiction.over these requirements to verify they are correctly shown before proceedingwith conseuction. \II, ` •t I 5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a �\• '� ® WELL / benchmark for your use in determining elevations for construction on this site.The elevations shown relate only to the benchmark provided \ \ � , � , check •\ /...- --/"" ® GATE vALVE on this survey.Use that benchmark and at least one other feature shown on the survey when determining other elevations fix use on ` ` this site or before beginning construction. \ \ /• �/ _ - UGHT POLE 6. Note that all building dimensions and building tie dimensions to the property lines,are taker.from the siding and or stucco of the building. `) \ ". �// Y� 0 = TREE 7. 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 µ., ''N'P..\ Y —te—X— FENCE LINE builderare. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans /i J/ iAir �i before construction begins. Also,we are not as familiar with localcodes and minimum requirements as the local building and caninga —S — t SANITARY SEWER UNE officials in this community are. Be sure to show this survey to said officials,or any other officials that may have jurisdiction over the i ,i"„ / S'0 —W— - WATER UNE proposed improvements and obtain their approvals before beginning construction or planting improvements to the property. �* / 50,0V C7 STANDARD SYMBOLS&CONVENTIONS: -J'/ •N —G— cAs LINE -- /sY��/' // fi•' —ST— - S'DRAt DRAIN USE "0"Denotes iron survey marker,set,unless otherwise noted. / y _S Or --E—t OVERHEAD UTLITY LINE / # 396,7 , -. . , - CONCRETE SURFACE SCE i REVISION DESCRPtxx: DRAWING ORIENTATION a SCALE CLENT NAaE I JDs ADDRESS I MARY{fairy){Ar NS P.m,aw of REPORT 6/22/'7' SHOW 76FOCT SEr3ACIS'..INE FROM OPW /�� WAS 5 s sY ME OR ti MY MELT 9.RraV9D11 SHEET TITLE SS S� 6/22/'7 SHOW HOME a DRIVEWAY ADDITIONS HENDEL HOMES 1`'i d van ce "'°�Ar' A Dkar aESLSIDca LA/0 snVEroA 22 X 34 �`TTIIaaJ)���//p�yJpE5g1� PROPOSED SURVEY ^a• /J _9/ j DATES1;ftVEYHT. AUGUST i6,20'7 -4--- . Surveying&Engineering,Co. ��b?1!_//l/ 3060 NORTH SHORE DRIVE Th... CIIMI4G NUMBER S I D SCALE 30•$Q' 6O H7ar7 F nnesct 7 #42379 DATE DRAFTED, AUGUST 2017 _ ORONO, MN Min.Mml0.Aamewh ssxs „NENDE,O. �� Phone(S52)474-7664 AUGUST z',son 170880 JR 1 ( wCtY.WWWJdYYt.7.Cp111 I OAT! - SHEET 1 oa, • fi': sir o�''� is : = 10' o. s. 1 Vr /cP64Y... Ak.\ \ i, �/ i 'fic `' �;�\l l �' ...„ � � ,,.' •, ♦ � .' - .g,- •`, 1 % • e ,. ' , ante \ N.-_ -- t.,*"... N, „...0 , .. , • . .,,-,„, . i .,. . , ...... , / \‘N "'MP 4-7 A --'1°'-s 40412. );', / N — . % '. . / K.." ' \ ' ' a? 1 `� \may/ .. \: ` ,` ,�: \ °-. �IT '� �' 'l' AUG 3 2017 lt' `, \ `• / ,,,•kms \` ` Q[ CITY OF ORONO 4b "_\ 10 \ \ ,\I LEGAL DESCRIPTION: ,/ 1�� \ �� \\ TractA,except the highway,Registered Land Survey No.717,Hennepin County,Minnesota `\ ��\ LEGEND SCOPE OF WORK&LIMITATIONS: +\ N \\\ `� ''— 1It ` " CATCH uAsv 1. Showing the length and direction of boundary lines of the lege description listed above. The scope of our services does not include \ . • 1 \d '\ determining what you own,which is a legal matter. Please check the legal descripticn with your records or consult with competent legal \ � \\ \ �\ V - FIRE HYDRANT counsel,if necessary,to make sure that it is correct and that any hers of record,such as easements,that you wish to be included on the ` + \\ "" \ POWER POLE survey have been shown. • \ `\ \ 1 2. Showing the location of observed existing improvements we deem necessary for the survey. \ \ • \ \ �, // ® - MANHOLE I3. Setting survey markers or verifying existing survey markers to establish the corners of the property. + \ \ \• \ \` eh! ® TELEPHONE 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may N:1," ` \ • "' 7 / B EIEC 7RANSFortMER have jurisdiction over these requirements to verify they are correctly shown before proceeding with:construction. �t� 's� `•` 4I „-, NELL I5. Showing elevations on the site at selected locations to give some indication of the topog aphy of the six. We have a so provided a �\ \ �� ` , ® - benchmark for your use in determining elevations for construction on this site.Tire elevations shown relate only to the be ichmenc�provided t ,�� 0 GATE VALVE i on this survey.Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on \\ �\ '.\ ,/ 4 - T POLE this site or before beginning construction. \ ,// > 6. Note that all building dimensions and building tie dimensions to the property lines,are taken from the siding and or stucco of the building. `� �\ A:.�4i/ 'C 0 • 7. 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 M•• ` •` Y x-5— - FENCE ',..INE builder are, Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your pians / /? ,r / ' before constructor.begins, Also,we are not as familiar with local codes and minimum require/netts as the local building and zoning --S — • SANITARY SEWER ENE officials in this community are. Be sue to show this survey to said officials,or aey other officials that may have jurisdiction over the / „,,, / O —w— - WATER UNE proposed improvements and obtain their approvals before beginning construction or planning improvements to the prope ty. -_ -,•• ...• 4d / -- / a —0—•• '• GAS UNE STANDARD SYMBOLS&CONVENTIONS: tea,•-” / di}' —ST— - STORM DRAIN UNE "•"Denotes iron survey marker,set,unless otherwise noted. / .Q>- —E—- OVERHEAD TY JNE # 3967 JI CONCRETE SURFACE 39 6 DATE_I REVISION DESCRIPTION [RARING ORENTAl1ON&SCiSLE tr1-EN"-timgE/az AraREsk 1 HDEIT 13rwv THAT i s RA's slimy GI SPORT atzzlerr SHOW 7SFOOT SETBACK LSE FROM atw I VMS M TARED aY OT sr SHEET 34 e/n/17` SHOW HOME.DRIVEWAY ADDITIONS i ' HENDEL HOMES Ad van ere 22 X Drotx TIE F Tx PROPOSED SURVEY SHE rNO. i - N Surveying&E nng Co I( ]JITESJRVEvEc A;IOUS..Ta,2017 1 3060 NORTH SHORE DRIVE Thome . Ap,/I( ( S ,7117 Frplrry 7 DC' 1 } t SCALE-t'=SIV *42378SE NO _ DATE DRAFTED AUGUST 22,2017 o 30 53 ORONO, MN MnnebN�,Minnesota 55,345 *LIC423 9 ' } f Y1, "°062) � ( AUGUSTaom � 21,2017 170880 JR SHEET OF PC Exhibit B Practical Difficulties Documentation Form 17-3967 3060 Northshore Dr., Orono 1 . "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." The property owner proposes to use the property in a reasonable manner not permitted by the Orono Zoning Ordinance (Lake Setback) with the construction of a new home in the existing footprint. The neighbors to the South will not be affected by the new construction. The neighbors to the North will be affected only by the average lakeshore setback and new screen porch on the residence. The neighbors to the North are at a higher elevation. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The existing footprint of the house was inside the 75 foot setback before the current owner and we intend to keep the original footprint inside the 75'setback intact for the construction of a new single story home. 3. "The variance, if granted, will not alter the essential character of the locality." It appears that the essential character of the locality will not be altered with a one story walk out new home in the existing footprint. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." Economic decisions have not been the only factor in this variance approval. 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." This condition in not applicable. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." This condition in not applicable. 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 in not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The topography of the lot is lower that both adjoining properties and the foundation is existing and intended to be used for the new construction. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." Practical Difficulties Documentation Form 3060 Northshore Dr., Orono 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 variance is necessary for the preservation and enjoyment of a substantial property right of the applicant and owners in keeping the existing topography to the lake. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting the requested variance for the home will not adversely impact health, safety, comfort, morals; nor will it be contrary to the intent of 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 variance will allow for less disturbance and is necessary to alleviate demonstrable difficulty with saving the existing foundation to construct a new home. Trees to South... 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): ,` k w N o UJ a S I I 1 I z' qN 44nZZIe® I I I , 0,-'° iZ, iav g^I L 41 o F r "I n F F2 E i1 t' \\ `t i \ - by i \'N y 7 ,-----•' ..`<`` \ ` .,,./� // '\+ \I col Ut t: fng / /i /Ye // ifs,%'' \ fiE F�. � \ .'lib `. 4€ i �(' 3 8 / l �� - / /�/ �/ i ?01 ' k i // II W U / Cr 1, i. ^a Siii--- c l /. 0/ 9 ' �r // A P / i r .,-;' \ \ / •,/,14, ^, \ 6P. ' e 5 W4 \ \\i I \ i i i ' �.. 8 Pil o HPLI HP Es'I:4 ti U = E b v Ed kP C_ - L EE �F C z a Lir- PH - _ `, d /a4' +I c� N _, N a, iF' +'� ";rte m, y g• t+ a, / .. S7 i '4 // f Z.^: �s Ian R ,J1r4„� 4 44 ;: I' lY, T AAAA. • O r,`'../., 4b f ._ I LEDAL DERIPTION' �� ' TrLIALLL11111111.11 lid,LC11IiRCIIId@LA LTAO.t:IITNI 11111 IIDIIIJNCIIWLMWLILJIII I " ^ .,. SAPF O I 1 1 OI2K 1 I IMITATIONm ,.' DJ 11J11 fill 11111 1 TI FRId3IITIIT]m 11 Iltlitll 11=ED HILI ,7l'I.d I:I I T 1:I 1:_S'Tr it 'II dLni=1F1:111 1.1 I II IIIA IF mmlTl7I ORTT]I TIII41l PO IIIIIN � LmiL11Lf Illf U ] r]Rd 1 :P L[ " II DTI = i_7 S1 III➢t Lf"'.� SI 11 11-1 ill IIII FIOIE F EE®=IT 1'i mfII .I IIIItOrId T%ID TS13L LIIT 11, rIA 1 =did='�EC GTL t Tt II'II, III FI A !� ▪ T- LI IIP I 711'1:1E: rITTn 11011 1:I:I!IItt110Rf7➢IT}LITE / V� w. 1 11111Till i 1 Ili tT0 1111EET,1.1 11:lllEITIREr IIII IDm'CTl Illlllltl Mull] / ET1 71'1[11111 Id Ed 1 IIIIILC TT 1111E1 'It'111.111_711=7 1 7.FE :TT r11Til 1 Id]4 LI rlIID mTITh=kW L1ULLLLIJ1Wf1]i1111111 Sri TETTRFFITIll SII ZIIL illIFE I IL 1 IT11,1 it==r1,'ItrilllIFICE=1 El HA IT 11 FIE 1I1E1L01I 1 Ir'1 Ill ETI HEED MITE 011111 1 1 11 1 1.al lar LLWll ILIO LIE 7=i1_LII I 1. I It 1LS='TIE iIII TIE®'TI.Idd1LEGENDf/ �.. IT]I.t I It L-.11 CIITUIMEETtl 1 ILII:11E111 TIIIIT ER=M:1111..i:7LC_LLLI IMIT C "'T r ITE'LI E il1:LLm 1111 IWId AAAA L J IIll ,1111111-f_,=11It i III'-1llt IrTTd I't. 1 t:I:7I7T-] L:1'1' '/ ��y cCO'O� I 1 TER 11111 Ill V 1IT1 T 11 ep'''',, / Q� GJSTINO SPOT EMOTION _. N :IIIT.1i7 d_^'[TII.1'Id I:IA 11=Uild0I1 ITTE MrElEtillt OIITI 1fIlIII l lllaai ID®fIIOIJd It IlTIT ITTI Ed'I.. �,di / Q ▪ Ili.: IT A:IIIIA IIII",-.t'-a1-711-,'t 1dd[IDI1I111111Im I I1 I Edit 11111111_ILI❑®IImI 1 IFJVTTt IIIII31FitI- . ,' 'e / V PROP0.52D L12NTAAV 6,7,9I IA tltl R1=;:T t I d IT ETI 7:Ls I II 1ILL T`IR S1T¢d 11 td"REIMMLt'IIIID®Ll tf 11111 I11IE11 C LEE 1-171"1-171"" Ill � `� /4 PROPOS.SPOT md'Y.InON 0.415--"-.1I1 Alil I ,1.II 'LT==ITI: A I :T:.i 1-'I '1-'TIt L1� I IIIm Id I CIT ®m=11,I HIII II I[HITTER=JR Ft HIGdg H / 0.,v.,OF IAA 1,r-8017D4 OF/Alt) IIMIIIIIIIII ITGPl I:-I1C1Il[bi ll BD[It=Sl -;t 7 IT14 ITII t 11Eli11131E1111III 111 11E1I190Nu11 III t'Illi - ItlrIIdIII]LE]J-SIIIIITIu ®IT 1I MUOItlITH1F7t II1111 1'CT1ar1II1T t rf-Il 1I 1I EIIIt= j�� // PLUMAGE AR4R -ALO/ EE ANDARD"-EMBOLI.11 CONI IF.NTIONLL / Q'`� .SSLT P6YCB/8/0 ROLL -Sr- '•"D.I I7IrrISIr-5=Fir IC IInr_®CffiS1TTEIdn / 1,10P LfJAY:4E]£sOBPACB •� / PROPLUTP BO'/WM RITA/N/NC FALL DATE REVISION DESCRIPTION Oft/WANG gtlEIAr1IN&SCALE CLIENT NAME/JOB ADDRESS TMIRMOmart d"i INS RAIL swKv CR REPORT 9/22p, SHOW 751-007 SETBACK UNE FROM ONw / ParvAgD¢,�[m ux9rn 9,Dr¢cT BVERaBax SKEET iITIE sxEET s� 22 X 34 n U11,I. 0.Ex IE¢517 H.9D 9M[WR 9,n/„ SHOW„WE&DRIVEWAY AMNIONS }y/`I11ImI,ILL/�y} HENDEL HOMES 'Advance TM""'E� °""/rYsf r'�"rs°r" D PROPOSED svftvEY ssTNG Surveying&Engineering,Co. V)VI m 44 F DATE suNEvm:A» »J»-nT 9/,/„ SHOW AVERAGE LAKESIORE SETBACK UNE17',N 3060 NORTH SHORE DRIVE ''�' -T�1 DRAWING NUMBER ,ntiII 11423711 DATE DRAFTED. A77,322271, ORONO, MN M - - - m m "'T�1° - 170880 JR Fil! 1111112 71747.1 L AI IL=02102017 . , PC . . i• • ExhibitD �� A. o /: , . �� ...,.: , :.. #17-3967 .,. ,r-NSaLL AI Afr,,,, ,,,,0- 4:4 ,, ',..v• ;),....<11\1:c1 ' !1„,.." - ,„f• / O, ti ,X /) .�, \y\ .',' / i.F' a -4.' ' l\ \ •-+e'au err /ifr /l'4n. ''`� ` ' y `',., .., owlet,,,{{{�, �. \\ CCF c , I ----- �, r � --—_..4__ *qt..' \-.--Z7 ''''.-- ,,,......_ ., ->.<1,...... `'- Z LL aT \ ``, / sAw1�yv am \ ... xx '� _'"---.3.------- '\ 1.e,, �j \ \ .1 /AN) f! \ \ e�o t0 ■J•/j \ \ L / • \ ' .1,, \ `.rte \ 4j_ /Y�.\ �\ \ \ � LEGAL DESCRIPTION: ./ ` _� \ Tract A,except the highway,Registered Land Survey No.717,Hennepin County,Minnesota. ` \ \\ /^ •"Y \\,..._ SCOPE OF WORK&LIMITATIONS: '+ \\ \\\• •` .v. (, \ .....• 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include \ ` \ l \ ` determining what you own,which is a legal matter. Please check the legal description with your records or consult with competent legal •\� \• •\ \ x...3 `\ V counsel,if necessary,to make sure that it is correct and that any matters of record,such as easements,that you wish to be included on the + .N. \ ` '~~~� survey have been shown. \ `\ \\ ' \\ \\ // 2. Showing the location of observed existing improvements we deem necessary for the survey. ' \ \ $\ •\ \ W 3. Setting survey matters or verifying existing survey markers to establish the corners of the property. r r- \ 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may \\ \\ •. y Is I r� / have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. \,^ • 4 \ `. r,� 5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a \ \ benchmark for your use in determining elevations for construction on this site.The elevations shown relate only to the benchmark provided \\ `\ \ �,y,s'/ /�W on this survey.Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on \ \ '`\ \ /// Slii EE3771►G alATOI re -as'— this site or before beginning construction. \ I c....,"" 41, 6. Note that all buildingdimensions and buildin tie dimensions to the lines,are taken from the siding and or stucco of the building. ` \ / i)' �� sir asAT,v2rd v 83x.6 B Pr Dl nB nB• 1 \ \ '.4 / Y 7. 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 ,A• `, .6 /%45‘' ' / �m, PRORIAW L1mv7voR —no- builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans / I r + / it, mor eevAflCfK � before construction begins. Also,we are not as familiar with local codes and minumnn requirements as the local building and zoning / / �0) (tr_7sa qr KWh Or_Anr/tat/OF DALE) officials in this community are. Be sure to show this survey to said officials,or any other officials that may have jurisdiction over the / .(r. G, proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. ____- - ...N , // ✓ Ammar ARRAY-FLOI __ STANDARD SYMBOLS&CONVENTIONS: �.r' / t f" SET,a vej- v.Kau — — r ti"Denotes iron survey marker,set,unless otherwise noted. / O cvntsee>B szavArca • PRS ROMER RATRININC//LL DATE REVISOR DESCRIPTION DRAWING ORIENTATK I&SCALE cu NT NAtAE 1,108 AOOREss I HEREBY Cd70Y THAT BIS PLAN,SURVEY ca REMIT 5/22/17 SHOW 75FOQT SETBACK UNE FROM OHw IA AND THATAREDD BY OUT 01 1 Mr L S SAFm SHIFT TITLE SHEET saE 22 X 34 8/22/17 SHOW HOME&DRIVEWAY mouton HENDEL HOMES Advance I err OFTA PROPOSED SURVEY SHEET NO. 0/7/17 SHOW AVERAGE LAKESHORE SETBACK UNE tJ Surveying tS Engineenng,CO. DATE 9URVEY[]J. 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I -1",•--;-/' ' ' ,I ' I I I . hi,I,hi,11 Ir1. li. CA) CD'' 0 .1 :41:,,:. :. I I . I !Ill.'II": il :III 41 II. (3:) I i 1 ' 111:1,1.114010:11-11,P 1 1:1..! ' II 111 I!! 1 1 • , 1 ; i I (3) 1 4 ,•51 ; ICI-11/Ir - - , ..... '4' 0 Ellitt "Alf -1141(41 I T-1 g ......_ rn , . 1-1'..44-1 qt.:941- , „ :a.. -4rsf....• . zTtli- • ------. -- nvr ... ..........._„._ , Proposed New R.esidence , ; .: • •• ,.\i\ , :'•I. • j•j1 r I i• • 1)140 — . 1 1 , II L . iiii 1; 1 , rill_ f Irlc - 1 ,....i _._ ._T_..r.. TIL if illi • BM t �;4� :, :,11.,A Ifs ; .f ' -., ,,t,: 1 \t. B� I 11M .r i is a .,' - ;`;1r L` ,�.\ - __�a 1 ', il� • , , .: ;:.',1c.*1.:4•.-.2'.; )....-..'.. '..... '.:.,i, ' 1 . • rit ;.. II I..• •:,• *" :".- •or,.-4 ,1: .mac t,9r •11''''.47...$5,1k171-14 ':I •' h`'. `. 41 „,,, l'i limiirClig R„1:.11', ! i f )`b w.!et,' a •`:. { ' ��1!I.�I,r.V,��l.'moi. .�',i �����•�f� _ ... . � ,// • ... • I I11. .'iii 1 1 iLLJ1iI, .Ll II f (---------- I I i 10P_, LEP , ; ; ‘f; ; - • . . i . •,,, ...2,. ., , , ..,.. .. I. t r---.____--- --i, 1 I I I i .-_ .--- i ...._____..7-] 1 1 _ , . _ -— - t�._... : • .1 >11 �__ c I fl i I '' „ ,,,ms.._____, ,. . • A '.!....f _ II _ , ! i�+� 1 1 rIl I1 ( f _ . an :,. .„,____,_,._. ,.,! , : i 1 T '' ' -''1' '' ‘ \1 1. • 1,' 1 •I. 1 11m fv. • Il il�i') I� I '---- a.e4' II i ..; 'IMII j I. 1Tj . ; .' W".7 I ' ' L • � _ P 0 0 ,i; R nnnn/ *r nn m • w ,. D m • Proposed New Residence ”` •' = i.i!,II �lltt! Onv►/rr r N z A I 3060 North Shore Drive, i t }�'1 s o N Orono, MN H E N D E L I ! • N 11•.}ly I.l.+....-.1 R .6.v .i Fm."e.16,, i;I 1 1 t } i 1000 County Road E Weft,S2 120•Shoreview,MN 55126 T:1(952)960.8212 •F.118881 8954061 .1 .„ -—..-- — , / ;\A _i\..__ \ 1 a__ _ J a • I 1 N BEDROOM 03 BEDROOM 1/2 ENT ROOM 1 J ,BATH J&J BATH 0 0 I z . I = C=/....i.............1 if= Li ...- \ - STORAGE \ a 1 -----1 / / BEDROOM i% I MECH. 1 r :1 I 1 1 - - -- -- 1 STORAGE i / 1 1 LL— I GARAGE STORAGE , I / . . 4t M PROPOSED LOWER LEVEL PLAN (A3 CT 0 CY) A 1111(111TI(TU-11411. Proposed New Residence !'iP,C,}1: 1 OVZIAROC 5 rk' 3060 North Shore Drive, HENDL [. b ' Orono,MN '' ;' 1 ''', . ',',it,i 088)8,5-4°61 • 1 '' t -_IF-_.. s S r _--1 I-1==-1--t S b ® __ STUD,' GREAT ROOM DINING SCREEN PORCH ®I MASTER BEDROOM li ta LI KITCHEN NEW PATIO a MASTER BATH 1 FOYER 1 7 ILII - - VWDR. r7 p1 L EXISTING GARAGE MUDROOM 4 CAR GARAGE -_-_ I __I - _J� PROPOSED FIRST FLOOR RAN A A. 1ITI(TUJtll1 t 8 2 Proposed New Residence D_ 3060 North Shore Drive, ' 1 ��' �� ������OW� s HENDEL Q^ Z Orono,MN ' I i::1; 1Wocouo5 Rood E wan SOB 1200 Sho.„ew,MN 55126 • N + - - , 1 1.1C25216,26212 OF.I(BR 8954061 ?�6 �ziss,::::2.3'e',11,1%,iasp®4��,000iiI. f �... 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L.FF A i i iP I lin 01t a, Y LI 's- 1 I1-z _ _ o 73 D rn 4 �.� i.irr rn -- H IN Y ail 3 € G' E N0!l ; NE, C¢li iii/`' i o • ! i irn Cl 4111u' DABX h r o baa ° F8 N aE ',,i - FOUNDATION Sc 3080 NORTH SHORE DR.EXTERIOR AS—BUILT404 C pLANNIN(i 8 DESIGN I I i 1 1 Ii ORONO, MINNESOTA u r �, . ,,,,mow° PC • Exhibit G #17-3967 City of Orono C°No Hardcover Calculation Worksheet Property Address: 3060 North Shore Drive (our survey 170880) c4'/ Prepared by: Thomas M. BLoom P.L.S. No. 42379 Date: 9/7/2017 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(Outside 75' lake setback) 2,252 S.F. B Garage(Outside 75' lake setback) 391 S.F. C Bituminous Drive (Outside 75' lake setback) 6,831 S.F. D Concrete surfaces(Outside 75' lake setback) 261 S.F. E Shed (Outside 75' lake setback) 195 S.F. F S.F. G S.F. H S.F. I S.F. J House (Inside 75' lake setback) 756 S.F. K Deck (Inside 75' lake setback) 216 S.F. L Concrete surfaces (Inside 75' lake setback) 59 S.F. M Retaining Walls (Inside 75' lake setback) 42 S.F. N S.F. O S.F. P S.F. O S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 11,003 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 42 S.F. Decks with 1/4" spacing(Width needs to be verified) 100 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 142 S.F. (3) Net Existing Hardcover 10,861 S.F. (4) Total Lot Area 62,298 S.F. Existing Hardcover Percentage [(3)/(4)] 17.43% 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 land surveyor under the laws of the State of Minnesota. J-6-ma,ti M. 26-0-m Thomas M. Bloom P.L.S. No. 42379 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(Outside 75' lake setback) 2,758 S.F. B Garage (Outside 75' lake setback) 391 S.F. C Bituminous Drive(Outside 75' lake setback) 7,868 S.F. D Shed (Outside 75' lake setback) 195 S.F. E Retaining Walls (Outside 75' lake setback) 120 S.F. F Proposed Patio(Outside 75' lake setback) 265 S.F. G Front Porch (Outside 75' lake setback) 117 S.F. H S.F. I S.F. J House (Inside 75' lake setback) 756 S.F. K Proposed Screen Porch (Inside 75' lake setback) 216 S.F. L Concrete surfaces (Inside 75' lake setback) 59 S.F. M Retaining Walls (Inside 75' lake setback) 42 S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 12,787 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 162 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 162 S.F. (3) Net Proposed Hardcover[Subtract line(2)from line(1)] 12,625 S.F. (4) Total Lot Area 62,298 S.F. Proposed Hardcover Percentage [(3)/(4)] 20.27% • • PC Exhibit H ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM #17-3967 (we)i...•"1,�i-,rr_� e-i) . 1<'1; of 14- . /� )At '- - ,1//. [print name(s)] [print address] have reviewedthe pla s for the proposed improvement or proposed use of the property located at 31,'L<. A. 5/1- et_ �elso referred to as Land Use Application No. • I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. ,."/-- . .. . ,, ./;--- 4-- -j/ Property Owner Date c -.,..--7(.._ ✓ (L /‘61:2--,-L__--' Pgoperty 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 •c_yr.e..... __11,01,te_ /714- .,- 62--c..e-dt_ ,I A-C-f-(.,'''' ,/"..e.,?-13Acr2VIr----. ..---1 voezycfr , /,-e-'(''' 71.1--P- f"--,111-- fi-:-.€-14- *- 4sin-2725 -{:.-'-'—' "...1,,e„....2."1/ ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we)Let re-11 /?ee.4rch2 n of. M.-5-jt,rc- (/), [print name(s)] [print address] ` ave review d e pla for the proposed improvement or proposed use of the property located at C i dso referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date p y 111011/2. $—a I- 1.7 perty Owner Date I 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 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) _ — - a - �� Of cJl lei iJ /l f � )be [print nam (s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ag(cIso referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Date PrgiwneCfrr 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 SEP 08ZUII Variance Application—January 2017 Page 15 CIN OF ORONO Together with Hendel Homes, it is our goal to have the construction completed by May 25th, 2018 in order to preserve everybody's summer. If you do approve of our building project, would you mind writing a quick note to the Orono Building Committee stating that you support our building project? This will speed up the approval process and also help eliminate any delays. THANK YOU for working with us and we're excited to be your neighbors! /�/'//KE► 04 4.-Ayei- kye__ Mike & Vanessa Smith ,_;cn KaAier-N RECEIVED SEP 0 8 'ZUl I CITY OF ORONO • • • 41016 • Ii, ti 4g i.,1 t ,. ,,,, - 0, ' _ , „,„ it ir, ..,1 -1- , , , .1 ,, 3 ,, I . •it eili` t-t [ $ R !t f T , 4 - w i• ",... • —Ai i�' f t► /►' • ' ''� ' ,� ,Yi�.'` 4 ' 113 . ., ' - •f i !. Y� is ". — is >' ,, , ,r . . s v.}.-.1 "* '1 40 I� t t At • °6 •. ' l , l 1 s .1lt • t 44." ) "• ", :t j k t� e � tYd ', s i' t •r .- `1. 1 .^•.+"-. ,} y t 3 [ "—fit' 7— • . ... •••••;.$10. ,„. ..• 4S kk t: "ii. ir Y • 1+ ��, w Icy 'j+• ` � 1 It� u:7+ I ,s r�,.- t �• �. ! ' I, gi I -f,4. f '• i• Y� f'•.F .SJ Ta,i41 ( "tA +1 f}}}'7 ! 1 i R ' s "1 t` 'f5' j i_ • .01 li ,,.;!•,''w ---f— 1., - . .. I I', , . . '.I ' . '1•J •i• .4! V' • — ...ku ' ,'fi t,; , , 0. v, r� ,,i,, 1� y 1, •.p,.,. ...i..4 t ' ... ••... - ! 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Item 4 Date Application Received: 08/23/17 OA, Date Application Considered as Complete:09/06/17 !VO 60-Day Review Period Expires: 11/05/17 y � To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator 4xEs 00" From: Melanie Curtis, Planner 111100 Date: 18 September 2017 Subject: #17-3968,Sharratt Design &CO,o/b/o Frederick&Patricia Johnson, PID 07-117-23-43-0026/1565 Orchard Beach Place Public Hearing: Lot Width, Lot Area, Rear Setback, Lake Setback, and Average Lakeshore Setback Variances Application Summary: The applicant is requesting a number of variances in order to develop the vacant property. Staff Recommendation: Planning Department Staff recommends partial approval. For full recommendation see page 6. Background This property has been the subject of similar variance requests to develop the property in the past, all of which were denied. Over the years the City has adopted several ordinances which provide relief to small lots with respect to setbacks and structure footprint limits.Some of the new rules when applied to the subject property provide the intended relief such as the side street setback and overall hardcover. However the applicant is requesting rear setback,75-foot setback and 75-foot setback hardcover variances.Additionally,average lakeshore setback, lot area and lot width variances are still necessary, at a minimum, in order to develop the property. LOT ANALYSIS WORKSHEET Section 78-330&78-1279-Setbacks: The subject lot is 83 feet wide.The code was recently amended to provide for reduced setbacks in some situations. 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 ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. For the subject lot the applied side yard setback shall be 8.3 feet. Additionally,the rear yard setback was reduced from 30-feet, and the side street setback was reduced from 35-feet. The revised setback is 20-feet for both. FILE#17-3968 18 Sept 2017 Page 2 of 6 LR-1B Required Existing Proposed Rear 20' NA 10' Side Street 20' NA 20' West Side 8.3' NA 8.3' Lakeshore 75' NA 71' The average lakeshore setback requirement for the subject property is defined by the measurement of the lake setback of the principal Average Lakeshore residence structure on the only adjacent residential lot (1555 Orchard Beach Place)which is approximately 125'from the OHWL. The entire property is lake ward of the defined average lakeshore setback line. Section78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 9,645 s.f. (0.22 acre) 83' @ 75'/83'@ OHWL Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 9,645 s.f. (0.22 acre) Allowed: 2,000 s.f.* Proposed: 1,408 s.f. (14.5%) *78-1403(a)(2)On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 2,000 square feet. Section 78-1680 and 78-1700-Hardcover Calculations: The Site Plan submitted contains hardcover calculations. Planning Commission should reference Exhibit E for the detailed hardcover calculations. Staff would note that the hardcover proposed within the 75-foot setback is not eligible for pervious paver credit, and should be verified prior to placement on the City Council's agenda for review as the home has moved slightly during the review of the application. Stormwater Total Area in Allowed Overlay District Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 9,645 s.f. 2,411 s.f. 397s.f. 0 w/in 2,062 s.f. 274 s.f. (25%) (4.1%) 75' (21.4%) w/in 75' Applicable Regulations: Lot Area & Lot Width Variances (Section 78-330) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district.Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and FILE#17-3968 18 Sept 2017 Page 3 of 6 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's proposed need for setback and 75-hardcover variances results in the property's inability to conform to#1 and#4 above.Therefore, lot area and width variances are also required in order to redevelop the property. Rear Setback Variance(Section 78_33Q Earlier this year,the City Council adopted ordinances reducing the rear and side yard setbacks for the LR-1B district and the side yard setbacks for narrow lots.The new code requires a 20 foot rear setback,where previously a 35-foot setback was required. Additionally,the side yard setback for narrow lots was permitted to be reduced to 10%of the lot's width, however not less than 7.5 feet.The applicant's lot is 83 feet wide resulting in an allowed side setback of 8.3 feet. The applicant is requesting a variance to permit a 10 foot rear setback. Average Lakeshore Setback Variance (Section 78-1279) Because the property has only one abutting lakeshore neighbor, 1555 Orchard Beach Place,the average lakeshore setback line is approximately 125 feet from the lake. To conform,the proposed home on 1565 would need to be set back at least 125 feet from the OHWL.The average lakeshore cannot be met because the subject property is only 110—120 feet deep. Lake Setback Variance(Section 78-1279) &75-foot Setback Hardcover Variance(Section 78- 1680) Portions of the proposed home and accessory hardcover are within 75-feet of the OHWL.The proposed access stair near the lake is permitted under City Code Section 78-1680; however the patio attached to the home, portions of the home,and portions of the entry stoop are not permitted.The hardcover associated with the non-permitted features within the 75-foot setback totals approximately 246 square feet,or 2.5%of the site's hardcover. 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. FILE#17-3968 18 Sept 2017 Page 4 of 6 a. The lot width and lot area variances are consistent with the general intent of the Ordinance. The proposed home is designed to be lower than the maximum defined height of 30 feet. b. The requested average lakeshore setback variance is in harmony with the Ordinance as the only adjacent neighbor sits at a higher elevation and the proposed height of the home is designed to minimize the impact on the lake views over the property currently enjoyed by the neighbor at 1555. c. The lake setback variance requested for the home is in part due to the shape and size of the property.The 75-foot setback area is a highly protected zone and there are modifications in the house design which could accommodate the 75-foot setback requirement.A variance to encroach into the 75-foot setback would not be in harmony with the ordinance, nor would the associated hardcover variance within the 75-foot setback. d. The rear setback variance is also influenced on the shape and buildable area of the property.The effort to move the house away from the lake results in the rear encroachment variance,which may be reasonable considering the limited buildable area and the desire to protect the lake. 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 substandard lot, in the proposed location within the rear yard setback and lakeward of the average lakeshore setback, appears to be somewhat reasonable as the property's reduced size and angle of the lot lines with respect to the lakeshore and adjacent properties creates difficulties. The encroachments proposed within the lake yard in addition to the hardcover may not be reasonable. b. There are circumstances unique to the property not created by the landowner; the uniquely small size, location with respect to adjacent lots, and required setbacks prevent a reasonably shaped residential footprint and in the case of the Average Lake Setback,development of any residential structure;and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 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-1B Lakeshore Residential District. FILE#17-3968 18 Sept 2017 Page 5 of 6 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property's substandard size is unique to the majority of lots in this immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property is 0.22 acre in area and is surrounded by properties with more than double the subject property's acreage.The conditions do not apply to other land in the immediate neighborhood and district.Granting the variance proposed to encroach into the lake yard would be inconsistent with the neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, rear yard and average lakeshore setback variances are necessary for the preservation of the property right of the applicant.The lake setback,and 75-foot hardcover variances are not critical to the preservation of this same property right. 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 lot area, lot width, rear yard and average lakeshore setback variances in this unique situation is not contrary to the intent of the zoning chapter. However,the lake setback, and 75-foot hardcover variances may impair safety and comfort as protected by the chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The variances for lot width,lot area,and average lakeshore setback are necessary, and do not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property would be served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds inherent to the size,shape,and location of the property practical difficulties exist which justify the lot area, lot width, and average lakeshore setback allowing development. The City adopted ordinances over the past year to address inadequacies in the small, and/or narrow existing properties, and disproportionate distribution of lot area within the 75-foot setback for hardcover on Tier 1 lots.The applicant has requested a lake setback variance for the new home. The lake setback reflects as much as a 3 foot encroachment of the corner of the home/entry stoop which could be redesigned..These encroachments are not supported by practical difficulties. The hardcover within the 75-foot setback, while offset with two existing to-be-removed concrete features is not supported by substantiated practical difficulties. FILE#17-3968 18 Sept 2017 Page 6 of 6 Engineer Comments The City's engineer has conducted a preliminary review of the proposed plans.A comprehensive review will be conducted at the time of the building permit review. Public Comments Comments have been received and are attached as Exhibit F. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval of the lot width, lot area,and average lakeshore setbacks as requested. Staff further recommends the planning commission review the practical difficulties provided by the applicant and determine if they support the additional variances for lake setback,and 75-foot hardcover. If the planning commission finds the additional variances are supported by practical difficulties approval may be appropriate. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey&Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Public Comments Exhibit G. Aerial Photos Exhibit H. Property Owners List Exhibit I. Plat Map PC Exhibit A City of Orono #17-3968 Variance Application Street Address: Application# 11-- 36i lO b .O/ft >O 2750 Kelley Parkway kIl <�/ Orono, MN 55356 Date Received: 0 ^i, _ 1'V 1 � 1 Main: 952-249-4600 Staff: v lam-'' fax: 952-249-4616 Fee: $700 (ll � wt Ci ) � � Mailing Address: y P.O.Box 66 Escrow: $700 / 500 '/�( I '2? ee ,#11EL� Crystal Bay,MN 55323-0066 Notes: 1 ikEsHO-(" 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: 1565 Orchard Beach Place Orono, MN 55364 DESCRIPTION OF REQUEST: Variance for Lake/Front and Side Yard Setbacks, and Average Setbacks (attach additional sheets as necessary) APPLICANT INFORMATION: D check here if Applicant address should be used for billing Applicant: Sharratt Design 8 Co -Michael Sharratt Phone (Primary): (952)470-9750 Mailing Address: 464 2nd Street, Suite 100 City: Excelsior ZIP: 55331 Email: MSharratt@SharrattDesign.com PROPERTY OWNER INFORMATION: 0 check here if Property Owner is same as applicant Ycri(l IA check here if Property Owner address should be used for billing Name: Fredric& Patricia Johnson Phone (Primary): (763)780-5000 (Fred) Mailing Address: 3535 County Rd 44 City: Minnetrista ZIP: 55364 Email: FredJohnson550/vahoo.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 authonzed representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributed via e •-.I. ,,' Applicant Signature: ii ACA tii r Date: C� /, Applicant Signature: Date: ipm ,,� �f Property Owner Signature: r` ./ Date: c:1,,,, 7 f�wa Property Owner Signature: illiDate: , / •2) a / 7 Variance Application—January 2017 Page 4 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page)to review private data on yourself. 6. Your full name is required to process this application or permit. 7 e4i�,111 P \L, rod,.N First Middle Last Address `tip LI D� I PA/ k w;. e, a. .1 ----;s7 c 7c; c cs City State Zip Phone I undemy rights as stated above. _________ <____ - Signature 1 / REeerVED Variance Application—January 2017 SEP U 5 2017 Page 14 CITY OF ORONO PC Exhibit B #17-3968 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LThis form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties,address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." N/A 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." Due to the uniquely small size of this property, the required setbacks inhibit a reasonably shaped residential footprint. 3. "The variance, if granted, will not after the essential character of the locality." The variance will allow the construiction of an architect-designed home which fits the character and quality of 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." N/A. There are no economic considerations for this hardship. 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,Section 116J.06,Subd.2,when in harmony with this Chapter." N/A 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." N/A.the proposed use will remain single-family residential. RECEIVED Variance Application—January 2017 Page 7 AUG 23 LU / 3968 CITY OF ORONO 7. 'The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." N/A 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Immediate adjoining properties and most others in the neighborhood are 3-10X's larger in size. and therefore don't suffer the same hardship. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." There are very few similarly small lakeshore properties in the area. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This variance is necessary to allow the homeowner to construct a fitting home on their residentially zoned property. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort,morals,or in any other respect be contrary to the intent of the Zoning Code." The granting of this variance will not impair health. safety.comfort,morals or in any other respect be contrary to the intent of the Zoning Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." This variance will allnw the cunstrurtinn of a hnmp which will rnmplimPnt the neighhnrhnnrt nn an nthprwisp tno-ronstrained site Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): RECEIVED Variance Application—January 2017 Page 8 AUG 7 1 2017 # 3968 • Building Permit Survey Prepared for: Sharratt Design & Company GFE WI' uilding I 1 \ =957.5 I ,/ / �4�b / I, %NF, 9 / IS'y / c i,,,,) l of / a ^ c tt 1 _ OPP' • 61._ ' I CO g - •� . y' i s....7:0,. ,-Concrete / eo 1 rne, Ap i. I �1 to be� hof 1e / /emoved) \ I 1 ��'`•S. f R4 p� 0' I it. Aroma illi ., \ 7J 4 you oleo' // — 2s. ' 1 II • i s o ' House e /- A/- / '�y�gN ` Found. //' G'Or0 Sed g ^(low o%b 1 C O (to be 9e ryti. / 6 , h �• moved / ,. , '17o 2 W A .. 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STA lP BEDRM. 2 in r -k- \ 1 \ fA • KITCHEN/DINN BEYOND �' uD uD. , a7r_n.a I 11 111 i i III 111 II I \ f 33'-0" / 4'-0" V V�6,0 -0"I / "" 4'-O4'-0" bb" -0II J 41-0" 11_61. / 7Q, / / 1 / / / 0 CI n )' l ) 1 I I ` �� \-, \.S6 W i, 4.0 IN \0` 6 ' Q ^ mo O W P13 m a X10 i i 71 � O v ,i ilii oN 16'-0" / / \o. k0 31-0"" — ___\_. OD' 1 / W (1 / -f 0 r A �'— u � I I :t: O / \ I �I 1 I 11 I I 1 a \ - A\ \ N "'ISIrnc"' ll"' Z "��I" -0 2 wA 4'-0" )i 8'-0" 9� 4'-0" 6/ 8'-0" 70 i/ 4'-0" /I'-6"/ 0c. r 0, 33'-0" CI a -I rn / c) Tr CO m L 7C 4 N D = r L m?ppz r r� xi r- O0 rnD F• f m -1 m� al / A :‹ L 0 z rrr E-- A x1 —) TJ 0 GN AO V3 O 0 ._ .,1 �I-ir 71 PC Exhibit E #17-3968 AUG 2 3 20 i City of Orono ;; oHo Hardcover Calculation Worksheet CITY OF ORONO Property Address: 15-67$ Orc. a,rd 8ea.ch Pirie, Cr-6_o, IMn SS 364 • ,o Prepared by: t1w� j'�(n0�)'L ( (5�4. 4 �,z �u• J �� Date: ViP\,'‘ �n Stormwater Quality Overlay District Tier:(Circle one) Tier. Tier 2 Tier 3 Tier 4 Tier 5 )'/C� 1 �} Step 1: EXISTING HARDCOVER In the following table identify a0 items of existing hardcover on the property,keyed by letter to Certificate of Survey(survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties,identify any features by letter within the 75'setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total uare Feet) Surveyq (Example) (Garage) , (24'x 30) _ (720 S.F.) A (e i S.F. B (�aruu.(, Skb 2(n r� S.F. C ( os,c.v e`'}t "),(‘-) t-(l.. S.F. D ('.(„c.tC.e bievs LY) S.F. E S.F. F S.F. G S.F. H .F. SS. J K SFF. . S.F.. L S.F.r N S.F. F _ S.F. S.F. Q S.F. R S _ S.F._ S.F T S.F. S.F. V W S.F. S.F. X Y , S.F._ Z S.F. S.F. (1) Total Existing Hardcover Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] '.3`i.7 S.F. (4) Total Lot Area 61 015" S.F. Existing Hardcover Percentage [(3)+(4)] /1, (Proposed Hardcover next page) Variance Application-January 2017 Page 1 t City of Orono Hardcover Calculation Worksheet 4) Property Address:s/ 1/ S Os a..44 (fit'La Pi QI ono, �'L!n 6_6_34,it_4r,uoj Prepared by: t�Q� �jroUvkiv' ScF��u�� l,u., 54. Dat Rv sFrI1 / Stormwater Quality Overlay District Tier: (Circle one), Tler 1 )Tier 2 Tier 3 Ter 4 Tier 5 Step 2:PROPOSED HARDCOVER In the following table,identify all Items of proposed hardcover on the property,keyed by letter to Certificate of Survey (survey must accompany this form).Include all existing hardcover items that are Intended to remain,as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property.For Tier 1 properties,identify any features by letter which are within the 75'setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey . _ (Square Feet (�Pb) (Garage) r • '(24 x 30) A l�Sr- /Caltiru_d n20$�:) t H D9 S.F. B 'Drivevuu lf(DY S.F. C D2..64 ay- ?o i o f5-0 S.F. D Stovp 77 S.F. E S,d.clwuS S.F. F Cvvicr€Ie S75.3.5 2S S.F. G S.F. H S.F. S.F. J S.F. K S.F. L S.F. M , S.F. N S.F. O S.F. P S.F. f] S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. 2 S.F. (1) Total Proposed Hardcover Z,J (02 S.F. Excludable Hardcover(Se.City Code Sec 78.1684): t7eclr or rev- uv� pr,.ue� �t ju 100 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover lot) S.F. (3) Net Proposed Hardcover [Subtract line(2lfrom line(1)1_ 2.,O(9 z. S.F. (4) Total Lot Area `� (.01-15- S.F. Proposed Hardcover Percentage ((3)+(4)1 Z 1, I % Variance Application-January 2017 Page 12 Melanie Curtis From: Kelly- Schoborg Land Services,Inc. <kelly@schoborgland.com> Sent Tuesday, September 12, 2017 1:02 PM To: Melanie Curtis Cc: 'Joleen Mische'; 'Mike Sharratt' Subject: Re: Hardcover #17-3968 Here's the breakdown I am able to calculate: House: 57 sq.ft. (within 75 feet), 1,351 sq.ft. (farther away) Driveway: 0 sq.ft. (within 75 feet), 464 sq.ft.(farther away) Deck/Patio: 146 sq.ft. (within 75 feet), 4 sq.ft. (farther away) Stoop: 33 sq.ft. (within 75 feet), 44 sq.ft. (farther away) Sidewalk: 10 sq.ft. (within 75 feet), 25 sq.ft. (farther away) Conc. steps: 28 sq. ft. (within 75 feet), 0 sq.ft. (farther away) Totals: 274 sq.ft. (within 75 feet), 1,888 sq.ft. (farther away) Kelly Brouwer Schoborg Land Services, Inc. 763-442-2715 (mobile) 763-972-3221 (office) kelly@SchoborgLand.com 1PC Exhibit F #17-3968 LISA WYSOCKY 1555 ORCHARD BEACH PLACE • ORONO,MINNESOTA 55364 615.305.0945 • LISAWYSOCKY@COMCAST.NET September 13,2017 To Members of the Orono Planning Commission, I am very sorry I cannot be there this evening,as this is an important issue.However,the short notice did not give me enough time to rearrange my schedule.The city's file on this property contains several other letters from me that state my concerns regarding a building on the tiny, flood-prone lot located at 1565 Orchard Beach Place,but I would like to re-state some of my thoughts.Thank you for reading them. 1.The lot cannot meet the average lakeshore setback,as it is only 100 feet deep.Most homes on both sides, including mine on the adjoining lot at 1555 Orchard Beach Place,are set back about 125 feet.Orono Zoning Code 78-1279(6) states in part: No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. a.In instances where the average lakeshore setback cannot be met,administrative approval may be granted at the discretion of the planning director,provided no lake views of an adjacent lakeshore lot are obstructed AND adjacent neighbors provide written approval. The front of any proposed home would be 60 or more feet in front of all other houses for close to a Vi mile stretch,and any house will obstruct some of our views.As the adjacent property owner,I cannot and will not provide the needed written approval. 2. In Orono's 1974 Comprehensive Community Management Plan (CMP), Section B, Lakeshore Residential,wording is clear regarding no building on the lake on lots of less than l/ acre (this lot is less than .22 acres),and in our area of Orono,the minimum lot size is one acre. 3.The CMP also states that a 75-foot setback from the lake is required(the lot is only 100 feet deep).This setback requirement protects the lake. 4. It also states that any building must not allow major tree and shrub removal within 75 feet of the lake. Any building would necessitate some clearing. Mature trees within 75' of the lake would be destroyed, trees that keep this very low lot from flooding more than it already does.Plus,many smaller trees and lots of shrubs would also be removed,and they also soak up water. 5. Major changes of natural land contours by grading or filling is not allowed. This lot serves as a drain field for a many acres.Without the trees and shrubs to filter runoff water,unfiltered water full of chemicals and other pollutants will pour into the lake,muddying the water for neighbors,and harming fish and other wildlife.For me,this is one of the most important issues at stake here. 6.Points 3,4,and 5 are Orono standards,but they are also consistent with the Minnehaha Creek Watershed District,the Lake Minnetonka Conservation District,and the State of Minnesota. 7. Orono's CMP land use policies also state that future development must enhance the community (#13) and the environment (#14). It also states (#10) that sufficient open space will be provided in each neighborhood and on each lot to prevent overcrowding and to ensure adequate light,air,and recreation for all residents.(#18) 8.On March 16, 1978,the council adopted Resolution 885,which gives many good reasons for not building on the lot. 9.Traffic congestion,and the fact that Orono has a lift station that city workers work on regularly,is another concern. At the end of the road is a public beach access, and there is no turn around. With a very short driveway, the home's guests will have to park on the narrow, one-lane road. Orono trucks have limited access to the lift station when cars are parked on the road.Too much congestion is a safety hazard. 10.There has been a question of the sewer stub on the property. Orono put sewer stubs in place as part of the 1970-LS-1 sewer project regardless of whether or not a property was buildable.The city has stated that the existence of a stub does not guarantee buildability. 11.The lot has been taxed for decades at a rate consistent with other unbuildable lots.And,when the area was initially platted in the 1800s,the lot was deemed unbuildable and was designated as a community park. Somehow,over the years,the property was sold into private hands. 12.Orono staff at planning commission and council meetings have said that city is in no way obligated to grant variances to allow building on this lot,especially as Orono has traditionally denied variances for lots of less than 10,000 square feet,as this one is. 13. Regarding the rights of the property owner (CMP #12): No land owner should be denied the right to develop his land by any staged growth,land banking,or no-growth policy,provided the development can be accomplished within the performance standards, policies and requirements of the Community Management Plan.In this case,with this lot,no building can comply. 14.Mention has been made of a previous homestead on the property.This is not true.There was a summer, covered structure on the property that was used for picnics, and that burned in the 1930s. A subsequent garage was torn down in the late 1970s or very early 1980s. My family has owned 1555 Orchard Beach Place since 1948,and also owned 1535 Orchard Beach Place from 1948 until the early 1960s,and has first- hand knowledge of much of the history of the area. Because of these concerns,and many others,the Orono council denied building requests on this tiny,low, wet lot in 1964, 1967, 1978,2013,and 2015. I hope this planning commission will uphold their decisions and recommend to the council that no building will be allowed. Thank you once more for reading. I do appreciate your service on the commission and to Orono. If anyone has questions,I am available at lisawysocky@comcast.net or at 615-305-0945. Respectfully, GJ4 Lisa Wysocky PATRICIA WYSOCKY 1555 ORCHARD BEACH PLACE,ORONO,MN 55364,952.472.2510 September 13,2017 To Whom it May Concern; This letter is in strong opposition to any proposed building at 1565 Orchard Beach Place. No building could come close to meeting Orono's required average lakeshore setback, and any building on the lot would partially block our view of the lake, especially from our lower level. I am sure you are familiar with Section 78-1279(6)of the Orono zoning code,but I am including it here,with the most relevant portions underlined. It states: (6)Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further,the average lakeshore setback shall only apply to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be in a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In instances where the average lakeshore setback can not be met, administrative approval maybe granted at the discretion of the planning director,provided no lake views of an adjacent lakeshore lot are obstructed, and adjacent lakeshore owners provide written approval. As the'average lakeshore setback here is about 125' and the lot is only approximately 100' deep,the setback cannot be met. My daughter owns our adjacent property at 1555 Orchard Beach Place and I have a life interest. I will not give written approval. I have lived here for more than fifty-eight years (and my parents lived here for nine years before that) and I know most of the drainage from the road and surrounding acreage goes through that lot, needed drainage that is sopped up by trees and shrubs on the lot to filter pollutants from entering the lake. With regard to all of the variances that are proposed, I am opposed to them all. Every home in this area respects the 140-foot lakeshore width requirement for building and a one-acre lot size to build, and this lot does not come close to either of those requirements. In fact,the lot is only roughly .22 acres,nowhere close to the one-acre minimum. Any building on this small,wet,poor-quality lot will negatively affect the character of our neighborhood. I have also,before each planning commission or council meeting regarding this issue, written other letters that address additional concerns. They should be in Orono's record for this property. I have attended every meeting where this property has been on the agenda, however, cannot be at the hearing on September 18,as I was never notified about the hearing, and only learned of it on September 12 through a neighbor. Sincerely, 1Fbatr3icia VStysoclky Patricia Wysocky City of Orono Planning Commission 2750 Kelley Parkway, PO Box 66 Crystal Bay, MN 55323-0066 Regarding land use application #17-3968 at 1565 Orchard Beach Place,we are opposed to development of the property. The code restrictions are in place to protect the environment and the existing homeowners. We are particularly concerned with the violation of the average lakeshore setback ordinance. A building structure on this lot would impact on our home views along with real estate value. We will not be providing written approval and will take any legal action necessary to protect our property rights. Section 1: Municipal Zoning Code Section 78-1279, subsection(6) is hereby revised by adding subsection(a) as follows: Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a) In instances where the average lakeshore setback can not be met, administrative approval may be granted at the discretion of the Planning Director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. Sincerely, Sean and Gina McDermott 1530 Orchard Beach Place Orono, MN 55364 430---)v, 4340 ► 55 ° -�. '�*,, -,''''''177 ^.c5 ( 1442 V -- • `+ so 5° 80 '': 5o so 5�a400.40. g tp - o`� 1 a6z (1 5)3 Exhibit G 4330 ..„ ,k ,�� V�C2457550349-3'3°5°- 457 sg. S� Zoo #17-3968 -- 49. 'i ART OF SAGA HILL PARK 8 -77;5-i,- ess 87 e7 - - 144= (27) A 205 13 '' 38 V' 0 issti„,„„D : ' ".1 17 � -,. � 1496 ---- 1) (3)\.,:-...„. , • v,,,,. „'-`T� ...„•,„,, $, gi 275 o� 101 4_ -* -,„ (14) g 38 94 v ,3 6 4395 ,4355 4345 1n e n 9 m 10 i 11 12 '' 2 g • '`,. 18 31 • Qs ( _..) 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't --' '440rE �y: \ rs� { \ 4 t ., P It ', — ( I:, ,-..- '' • i --\\ IC i...... ; fir, , r JP. laitt - ., ----'• ' b 4 / m f °a�E'1d 4� ,/. - j ,..t'' , `.' . /414- , ,..,„ , . , 1 i ,I.4101111*$141 • P t /. / i t r "'.....5 - I I f;,.,„ 4,, t ''1°:1(4. ,.- / pr as . \ , ;� I 4 ` O '\,...\I.-\\ ,„-.,,s.),,,.\\\)-::;.1.1'1:',1 ' ' ''''''./1 /r N i Rti a I • h i tJ / / c ; / PC RUN DATE:09/01/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) Exhibit H 38 07-117-23 43 0003 38 07-117-23 43 0026 #17-3968 SEAN MCDERMOTT&G MCDERMOTT PATRICIA L PFEFFER 1530 ORCHARD BEACH PL 38 ADDRESS UNASSIGNED ORONO MN 55364 ORONO MN 00000 SEAN MCDERMOTT TONKA LAKE PROPERTIES LLC GINA MCDERMOTT 3535 CO RD 44 1530 ORCHARD BEACH PL MINNETRISTA MN 55364 MOUND MN 55364 38 07-117-23 43 0004 38 07-117-23 43 0027 T B KOEHLER&D T KOEHLER DAVID B ERICKSON 4205 NORTH SHORE DR 1448 PARK DR ORONO MN 55364 ORONO MN 55364 TIMOTHY&DANIELLE KOEHLER DAVID B ERICKSON 4205 NORTH SHORE DR 1448 PARK DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 43 0005 38 07-117-23 43 0028 W TITLER&M K TITLER BRADLEY A CLEVELAND TRUSTEE 4209 NORTH SHORE DR 4315 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 WILLIAM&MARY K TITLER BRADLEY A CLEVELAND 4209 NORTH SHORE DR 4315 NORTH SHORE DR MOUND MN 55364 ORONO MN 55364 38 07-117-23 43 0006 38 07-117-23 43 0032 DOUGLAS E WALDOCH CHARLES TYE&LISA C DUNN 4215 NORTH SHORE DR 4345 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 DOUGLAS E WALDOCH CHARLES TYE 4215 NORTH SHORE DRIVE 4345 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 43 0008 ROBERT M EMFIELD TRUSTEE 4203 NORTH SHORE DR ORONO MN 55364 ROBERT M EMFIELD 4203 NORTH SHORE DR MOUND MN 55364 38 07-117-23 43 0013 FRANKLIN J HARDIN LIVING TR 1496 PARK DR ORONO MN 55364 FRANKLIN 1 HARDIN 1496 PARK DR MOUND MN 55364 38 07-117-23 43 0014 PETER H SCHWARZKOPF ET AL 4240 NORTH SHORE DR ORONO MN 55364 PETER H SCHWARZKOPF JENNIFER L SCHWARZKOPF 4240 NORTH SHORE DR MOUND MN 55364 38 07-117-23 43 0016 D T RYAN&M J A RYAN 4200 NORTH SHORE DR ORONO MN 55364 DANIEL&MARY JO RYAN 4200 NORTH SHORE DRIVE MOUND MN 55364 38 07-117-23 43 0024 N M DELTON&L N DELTON TRS 1535 ORCHARD BEACH PL ORONO MN 55364 NANCY M&LESLIE N DELTON 1535 ORCHARD BEACH PL MOUND MN 55364 38 07-117-23 43 0025 FELICIA L WYSOCKY SUBJ/L E 1555 ORCHARD BEACH PL ORONO MN 55364 PATRICIA H WYSOCKY 1555 ORCHARD BEACH PL MOUND MN 55364 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 I Hennepin Hennepin County Locate & Notify Map #17-3968 Date: 9/1/2017 360 201 1423 (21) 1435 1s 1400 4380 4340 4330��) 4300 (22) 14471447 ��� �'`' (23) 1442 ') ,s`: 110 06) 1462 (t6) NOrth?S+ - 1496 (13) (38 O , tA 4395 4240 4365 311 4315 1 A. 4198 (�) (16) (2) 4 4200 (1s) s 4210 41 1555 (92) I : 0) fo 3 4215 4209 420 t>?f N) 4191 s$46) 4203 r• iti lel 41 i (7) 1535 4190 1565 (24) 1282 f332 ( ) 4182 i8 41 4195 (95) Buffer Size: 350 feet 0 60 120 240 ft Map Comments: I 1 I I 1 I I I I This data (i) iserif: furnished 'AS IS' with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resultinono' from this data. For more information,contact Hennepin County GIS Office 3!'r:07:1 00 6th Street South,Minneapolis,MN 55487/gis.info�hennepin.us Item 5 Date Application Received: August 23,2017 OA, Date Application Considered as Complete:August 23,2017 f VO 60-Day Review Period Expires: October 22,2017 A s � To: Chair Thiesse and Planning Commission Members Dustin Rief,City Administrator A'rESHO'� From: Jeremy Barnhart, Community Development Director Date: September 18, 2017 Subject: #17-3969, Ian Peterson for David Weekley Homes o/b/o development of Orono Preserve, RPUD Amendment Public Hearing Application Summary: The applicant is requesting an amendment to the RPUD agreement to allow a maximum defined height of all buildings of 35 feet,from the 30 feet allowed by zoning ordiance. Staff Recommendation: Staff recommends the Planning Commission discuss the proposed amendment and provide a recommendation to the City Council. Background The Development Agreement finalizing the approvals of Orono Preserve, a 39 units single family development at the SW corner of Old Crystal Bay Road and County Road 112 was approved in September, 2016. Development approval actions included rezoning the property from RR-1B to RPUD. During the review of the RPUD zoning,which is used to offer relief from the strict reading of the zoning requirements,the discussion focused on the side yard setbacks. The side yard setbacks were reduced from an Orono standard minimum of 10 feet to 7.5 feet in some situations. In part due to the fact that dimensioned building plans were not offered as part of the RPUD proposal,the need from flexibility from the height requirement was not discussed. The review of the first few homes in the Orono Preserve noted that the buildings' defined height is higher than the 30 maximum as permitted. The definition of Building Height: 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. FILE#17-3969 September 18,2017 Page 2 of 2 The calculation of building height is based on two factors,the height of the building,and the adjacent existing ground level. Orono Preserve was originally a very flat development,fill was brought in to create house pads that afforded surface drainage away from the structure. This elevation,coupled with a narrow two story structure and high pitched roofs, raised to defined height to over 30 feet. The review of the first two plans resulted in a defined height of 32 and 31.5 feet. The staff report to the Planning Commission outlining the original preliminary plat, including a discussion of the RPUD rezoning is attached as Exhibit C. Conceptual Building plans provided as part of the development application are provided as Exhibit B. These same plans are being offered to potential buyers of the lots. A section drawing showing the conceptual homes in relation to buffer along Old Crystal Bay Road and Wayzata Blvd are provided as Exhibit D. Options In lieu of modifying the RPUD agreement to allow higher buildings,the developer has two primary options: 1. They could adjust the roof pitches and/or the grading plan to fit within the regulations for the project,or 2. They could apply for variances for specific parcels that require flexibility. The variance process adds additional time and uncertainty for the buyer and was rejected as a viable option. Public Comments To date, no public comments have been received. Issues for Consideration The Planning Commission should discuss the following: 1. If a departure from the height limitation is appropriate for this property/project? 2. Has the applicant provided adequate support for an amendment? 3. Are there any other issues or concerns with this application? List of Exhibits Exhibit A. Application Exhibit B. Building Elevations proposed as part of platting process Exhibit C. PC Staff report dated February 11, 2016 Exhibit D. Section drawings Exhibit E. Property Owners List and Map 17-3969 PC Exhibit A City of Orono Amendment Application o Comprehensive Plan I o Ordinance Text 1 o Zoning Change (check one) Sheet Address: ( Application# 17" 3 /p�p �- ..011, 2750 Kelley Parkway � f�/ Orono,MN 55356 Date Received: -I 7 / Main: 952-249-4600 Staff; -�t8g fax: 952-249-4616 Fee: $700 ...A. Mailing Address: P.O.Box 66 Escrow: $700 l G� Crystal Bay,MN 55323-0066 Notes 41czSHOQ`t Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete appiicati will nt be placed on Planning Commission Agendas. SITE LOCATION: (f l04vE APPLICANT INFORMATION:, check here If Applicantshould be used for billing Applicant: IMPAb tJ ,txl leiad o'J Phone(Primary): rL-1f►o.v7305 Mailing Address: J 7 DOW SIOMS.+5 City: th/r"vm' 4 ZIP: c.$yf Email: ieektun A PROPERTY OWNER INFORMATION: lecheck here if Property Owner is same as applicant liktheck here if Property Owner address should be used for billing Name: Phone(Primary): --------- --_____ Mailing Address: — — ' City ZIP: Email: —APPLICANT AND/OR PROPERTY OWNER: • Certify that the Information supplied is true and correct to the best of his/her knowledge. The applicant and property owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents,Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner Is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributed via email Applicant Signature: Date: $47 Applicant Signature: Date: Property Owner Signature: Date: $4.144%7 Property Owner Signature: Date: RECEIVED Amendment App1Icatlon-January 2017 AUG 2 2017 Page4 # 3 9 b 9 CITY OF ORONO AMENDMENT APPLICATION INFORMATION The information contained in this packet is intended to be used as a guide to understanding the Ordinance amendment process.The zoning ordinance amendment procedure can be found in section 78-43 of the city code. WHO APPROVES AMENDMENT REQUESTS? The Planning Commission reviews the proposed amendment and provides the city council a recommendation as to the appropriateness of the amendment. The City Council makes the decision on all proposed amendments. Amendments that change the zoning from residential to commercial or industrial require approval by two-thirds of the City Council. WHAT IS THE PUBLIC HEARING REQUIREMENT? The Planning Commission will host a public hearing to gather input from interested parties. The city must provide published notice of the time, place and purpose of the hearing on a proposed ordinance amendment at least 10 days prior to the day of the hearing. The city will mail a notice to property owners within a 350-foot radius of the land in question if the amendment affects 5 acres or less. The purpose of the public hearing Is to help develop a factual record to whether the application is consistent with the comprehensive plan and should be approved. WHAT IS THE ROLE OF NEIGHBORHOOD OPINION? Neighborhood opinion alone Is not a valid basis of granting or denying an amendment. Residents can often provide important facts to help the city address whether the application meets the:stat1!c,afds,dunsubstantiated opinions and reactions to an application do not form a legitimate basis for a decision. LAND USE APPLICATION SIGN =+'%t'r�'.� '�; rai��'; �'t .-t:�a•� ��� ��% At the time an application is received a land use application sign may be issued.CT.Al'ssipk'tl3;tie posted on a propectyppproxlmately 1p.., ,,14,4 $s prior to the Planning C COrrimisslOn'ilneidlii9.-;410Wiletishiyilirle posted so it is visible from the road. - •y,�n4.,r. '*1 7:4,7 MEETING ATTENDANCE Applicants must be present at all scheduled review meetings of Planning commission and Council. If an applicant is unable to attend a scheduled meeting, they should make arrangements to have an authorized agent attend in their place and to advise the Planning&Zoning Office of this change prior to the meeting. v =.w Ky Amendment Application-January 2017 Page 5 4)--;.‘viz City of Orono Pre-Application Meeting Form t' G X SHO�'�, (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: City Planner: Meeting Date/Time: PC 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 INFORMATIONI) Site Address: Okwe,raisave Property Identification Number(PIN): Zoning District: }Pi& Size of Property: k5 LAND USE REQUESTS: ElAppeal of 0 Commercial Site 0 Comprehensive Plan CJ Easement I ROW Administrative Decision Plan Review Amendment Vacation, without subdivision 0 PID ❑ PUD-Residential 0 RPUD,without 0 Ordinance Amendments 0 PUD-Commercial subdivision including Rezoning '<Other: .04> KJ> t J/Of$41-oF I/,*.as 10 V.Parr— CONDITIONAL USE PERMIT REQUESTS: ❑Amend Existing CUP 0 Commercial/Industrial Use 0 Duplex Credit(per bldg) 0 Grading and filling— 0 Grading and filing— 0 Grading and filing—with 75 feet of OHWL 501 cy or more Wetland and flood plain (includes seawalls and retaining walls) ❑ Guest House I 0 Institutional 0 Residential/ Guest Apartment Type: ❑Renewal of CUP Residential Accessory Use Type: Applicant's .17c., BILLS AND ESCROW: The land use application fee is for city staff time and overhead Initials: Property costs only. Property owner and/or Applicant shall pay for consultant expenses incurred in Ownert review of this application and/or additional staff time not covered in initial application fee, as Initials: well as provide an escrow in the amount of$ to guarantee payment of the above. OTHER INFORMATION: *Please note: Your site plan application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: Date: 14rL Property Owner Signature: Date: 8/ CEIVED Amendment Application-January 2017 AUG 2 3 2U 1 Pege 3 # 3 9 �" CITY OF ORONO • 12 0, <0 4t "$ OB 0 10-0 " eTYP.PLATE HEIGHTS - - ,11-- �.$ 005S NORMAL ACTUAL ,$- �_.g..$ 8-0 PLATE 8-1 1/8 10-0 PLATE 9-0 PLATE 9-1 1/8 -• 16'%24' I ice/ . ..� �.� —� 10-0 PULE 10-1 1/8 �i TR111 SLRROI METAL DRIP EDGE-� - : 11-0 PULE 11-1 1/8 : '� i/ 16' SOME 6UTERIAL ]ND FLOOR PUTS OTTS')MICROSEIVAI` : T ALUM.FASCIA 0.." 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IXIALET8C OLUMI HATi0B0AR0 mO'ER 6'TRIP i 111 4.TTall III in 'II 1..1.1 �� DL WINC�A COLUMNI 1fl .. II I. • APPLIED STONE ..11. 11 Si IQ umi UTERTARLE 6'TRW — —iSOIT1T � �srerrg�areT!c�e>,ra�e�aaoe 0-0 F.F. eo =°o�--eo�=Moes 4'RSI/ FRONT ELEVATION 'T s 10" --t 10"SQUARE ) a 10' 20-6 PLATE - HEEL OVER 8"TRW� i \\� �'. 6'FASdA/ 11' y a 4' 1' ,r ,• (TVP.) �--^ 111P1.1 • 4'FREIE 1, J 11"5pU ARE HUE STsumrru at ASCE --> SSHUTTTER 17-3969 PC Exhibit C Date Application Received: 1/20/16 O Date Application Considered as Complete: 1/27/16 CMP Amdmt.60-Day Review Period Expires: 3/27/16 120-Day Subdivision Review Period Expires: 5/26/16 \ , r' ` F To: Chair Leskinen, Planning Commission Members 01‘_ Jessica Jessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Date: February 11, 2016 Subject: 16-3807 Tom Gonyea—Estate Development Corp. - 425-595 Old Crystal Bay Road North - Preliminary Plat/RPUD Rezoning/Comprehensive Plan Amendment - Public Hearing Summary of Request: Applicant requests the following approvals for a proposed 39-lot single- family residential development: 1) Amendment of the Orono Comprehensive Plan (Community Management Plan or "CMP") to allow development of the property at a density of approximately 3 units per acre for this property which is guided in the CMP for development at a density of 7-10 units per acre; 2) Preliminary plat approval for a 39-lot single-family residential subdivision; and 3) Rezoning to Residential Planned Unit Development(RPUD). Parcels Involved: PID & Address Owner of Record 33-118-23 24 0001 595 Old Crystal Bay Rd.N. Land Ventures I LLC CIO Steve Anderson 4350 Baker Rd#400,Minnetonka MN 55343-8628 33-118-23 24 0002 Address Not Assigned Same 33-118-23 24 0003 425 Old Crystal Bay Rd.N. Same Existing Zoning District: RR-1B One Family Rural Residential District (2 acre/200' width) Proposed Zoning District: RPUD Residential Planned Unit Development CMP Land Use Designation: Medium-High Density Residential, 7-10 units per acre Proposed Land Use Designation: Medium Density Residential, 3-7 units per acre Parcel Area: Gross Site Area 18.356 ac. OCB Rd&Wayz Blvd. R-O-W Dedication - 1.162 ac. Delineated Wetland - 3.072 ac. Proposed/MCWD-Required Wetland Buffers* - 1.546 ac. Net Buildable Area 12.576 ac. *Met Council guidelines allow wetland buffers to be excluded front net developable acreage calculations. Proposed Net Density: 39 units on 12.576 buildable acres=3.10 units per acre Proposed Area of New Public Roads 2.65 acres Proposed Area in SFR Lots (including wetlands &buffers) 14.55 acres Range in SFR Lot Areas (including wetlands &buffers) 0.17 ac.— 1.51 ac. -- - -------- --- Average SFR Lot Area(including wetlands&buffers) 0.37 ac. (16,000 s.f. +) 16-3807 February 11,2016 Page 2 List of Exhibits A—Subdivision Application B—Submittal Narrative C—Preliminary Plans (15 Sheets) D—Perimeter Buffer Layout (2 Sheets) E—City Engineer Review and Comments F—Wetland Delineation Report Excerpts G—Conservation Design Report H—Geotechnical Evaluation Report Excerpts I—Representative Home Style Options - Elevation Views - House Plan Layouts J—Plat Map &Property Owners List K—Comprehensive Plan Excerpts L—RPUD District Standards M—Minutes from Sketch Plan Reviews N—Sewer&Water Connection Charges Memo 7/27/15 0—Density Analysis Worksheet 1. COMPREHENSIVE PLAN AMENDMENT 2008-2030 Community Management Plan. The proposed development is within the area directly west of Old Crystal Bay Road, south of Wayzata Boulevard and north of Highway 12. This area has been zoned RR-1B, 2-acre minimum lot size (0.5 units/acre) since 1975. The area was initially re-guided in the 2000-2020 CMP to allow for a mix of low-density single-family homes and higher density multi-family, with an overall density of 2-4 units per acre. In the 2008-2030 CMP the property was again reguided to allow an overall density of 7-10 units per acre, which likely would only be achievable via a mix of attached townhomes and larger multi- family buildings. The rationale for the density increase at this site and the Dumas site to the immediate west was the adjacency to the Orono Industrial Park; the location sandwiched between two high-traffic roadways; the availability of urban utility services; and the proximity to downtown Long Lake. In part the density increase was established to meet Metropolitan Council goals by guiding carefully-selected parcels at densities that would potentially allow for more affordable housing options. Met Council guidelines require an overall new sewered development density of at least 3 units per acre. In order to meet these goals, certain parcels within the Metropolitan Urban Service Area (MUSA) were guided for densities significantly higher than 3 units/acre—to allow those shoreland areas in the MUSA historically zoned and planned for low density, to develop at the 1-acre and 2-acre lot sizes desired by the City. Impacts of Plan Amendment. In recent conversations with Met Council staff, it has become clear that developing this specific site (and others nearby guided similarly) at densities significantly lower than the current CMP guided densities, triggers the requirement for formal amendment of the CMP and with that amendment will be an expectation that other developable properties be reguided for higher density to offset the decrease. An analysis of Orono's current status as a result of the applicant's proposal is attached as Exhibit O. 16-3807 February 11,2016 Page 3 The applicants presented a sketch plan to the Planning Commission in June 2015 for a 51-unit development at this site. As a result of subsequent sketch plan reviews with the City Council, a number of revisions and refinements have been made, reducing the layout to 39 units. It appears there is some degree of support at the Council level for the type and density of development proposed by the applicant, while development at a higher density has not gained much traction. Although no commitments have been made, Planning Commission should review the proposed plan amendment in this context. Issues for Consideration. In reviewing the amendment, Planning Commission should attempt to set aside the details of the proposed development and look at the broader picture, consider the following: 1) Does the amendment further the City's goals for development of higher density housing? 2) Are there specific aspects of this site that support a reduction of the density from the current guided density? 3) Are there any negative aspects to reguiding this site for lower density? 4) Are there specific conditions that should be established as part of an approval of the reguiding? 5) With the proposed amendment, the City's overall density will drop below 3.0 units per acre. The City will need to identify more opportunities for higher density housing. 2. REZONING It has been the City's practice to rezone properties in the Highway 12 corridor area at the time an acceptable development plan is approved. This was the case with Stonebay, an area which was guided for commercial and multi-family uses as early as 1988 but remained zoned RR-1B (2- acre SFR) until its actual development in 2003. Because applicants' property has never been rezoned to match the CMP-guided density, the current application includes a request for rezoning. Applicants have initially requested rezoning to PRD - Planned Residential District. However, PRD is an overlay district relying on the underlying zoning district for development standards. The proposed development requires a rezoning from RR-1B (2-acre Rural Residential) to a zone that would allow for density of up to 3 units per acre. Such a zoning district does not exist except for RPUD — Residential Planned Unit Development. Therefore, the application will be processed as a rezoning to RPUD and review will be guided by the RPUD District standards. The RPUD District contains detailed development standards with regards to lot size and setbacks; building design; landscaping, screening and buffering; and trails and recreation; all of which will be addressed in the following pages. The RPUD District also offers flexibility as a planned unit development process, such that approved divergences from the standards are considered as elements of the RPUD zoning rather than as variances. Note that the property meets the minimum size and location standards to be eligible for RPUD rezoning. 16-3807 February 11,2016 Page 4 3. PRELIMINARY PLAT REVIEW Conformity with Zoning District Standards In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8) - see Exhibit L. The RPUD standards as written for detached single family use do not accommodate the type of smaller, narrow lot style of development that is proposed. However, the concept of a planned unit development process is to allow flexibility in design. Section 78-626(16) provides for flexibility in RPUD standards, as follows: (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. This proposed development concept will require a significant departure (flexibility) from the RPUD district lot standards for individual homesites. The table below identifies specific standards which would require flexibility: RPUD District Minimum Proposed Flexibility SFR Standard Lot Standards Required? Minimum lot size: 15,000 square feet 7,500 s.f.—66,000 s.f. Yes (incl. wetlands) 24 of 39 lots< 15,000 s.f. Minimum lot width at setback line: 90 feet 65 feet typ./45 feet min. Yes Minimum lot depth: 125 feet Varies-all 125' + No Minimum front building setback(to 25 feet With blvd. sidewalk: 25' Yes internal streets): W/O blvd.sidewalk: 20' Minimum rear or side setback to 50 feet 50 feet No Wayzata Blvd W and OCB Rd: Minimum side setback to internal street: 25 feet 10 feet Yes Minimum side yard setback: 10 feet Side 1: 5 feet Yes Side 2: 10 feet(65' lots) Side 2: 5 feet (45' lots) Minimum rear yard setback: Lesser of 40' or Lesser of 40' or 9 20%of lot depth 20%of lot depth Wetland building setback: Greater of 35 feet or Greater of 35 feet or No MCWD buffer plus 10 feet MCWD buffer plus 10 feet Building height: Maximum of 30 feet (Not defined) No 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 No 20 feet for at least 50 percent of their depth. Relationship to Surrounding Development The proposed single-family development is not similar in character to surrounding development. To the immediate east across Old Crystal Bay Road is the Orono Industrial Park; to the immediate south is the Highway 12 and Burlington Northern Railroad corridor; to the immediate 16-3807 February 11,2016 Page 5 west is the Dumas Orchard which is similarly guided for future Medium-High Density Residential use at 7-10 units per acre; and to the immediate north across Wayzata Boulevard is the Orono Schools Campus. Property across the intersection to the northeast is guided and developed for office uses. Given the commercial, industrial, institutional and transportation uses that surround the site on three sides, the proposed medium density(3-7 units per acre) residential use would appear as an appropriate fit for this site as a transition to the 2-acre zoning located south of the Highway 12/Railroad corridor. General Site Characteristics The site is generally open, a majority of it being former cropland, with a few mature trees located at the southeast and northeast corners where single family homes once stood. The property is very flat with shallow wetlands delineated in the west central portion of the property. The property is located just outside the Shoreland Overlay District. Soils on the site include Glencoe silty clay loam, Dundas silt loam, and Le Sueur loam, all of which exhibit high water tables and make development with basements challenging. Conservation Design The applicants have submitted a Conservation Development report prepared by Kjolhaug Environmental Services Co. pursuant to the City's Conservation Design ordinances. Key elements of the report include a review of the Rural Oasis Study of which this site was a documented corridor; Natural Resources Inventory including review of the MLCCS Land Cover Classification data, wetland delineations (approved by the MCWD), tree inventory, and review of existing drainage patterns; and outlining of a Basic Conservation Design Master Plan, which appears on pages 4-5 of the report(Exhibit G). The Master Plan is summarized as follows: - Runoff will be managed by creation of two ponds and a filtration basin, each discharging to the existing wetlands and then draining naturally westward per the existing area drainage pattern. Rate, volume and sediment control are addressed. - Dead, damaged and diseased trees will be removed. Where buckthorn exists, it will be required to be removed. - Although the existing site has only minimal tree cover with few significant trees, those significant trees will be preserved where feasible, and the landscape plan indicates 226 trees will be planted as mitigation and for screening purposes throughout the site. - Wetlands will be avoided with the exception of a small degraded wetland at the northerly road entrance to the site which will be completely impacted, requiring an anticipated approximately 20,000 s.f. of mitigation. Applicant's initial discussions with MCWD suggest this mitigation will occur offsite — a final determination has apparently not been made. Wetland buffers are proposed including buffer averaging intended to meet MCWD requirements. - No Ecologically Significant Natural Resource Corridors or Conceptual Greenways are found on the site. Wetland and hydrologic connections to the west will be maintained. - The Rural Oasis Study conducted by DSU Inc. for the City in 2005 noted that views into the site were generally negative, i.e. an unkempt pasture. Applicants have proposed a landscaping plan that includes perimeter berming and screening as visual buffers to the development. 16-3807 February 11,2016 Page 6 Wetlands on Site and/or Impacted The property contains 3 distinct areas that have been delineated as wetland. Two of the 3 are proposed for preservation, while a 3rd, smaller depression delineated as a lower quality wetland is proposed to be filled due to its location needed for the internal roadway system. Please review the applicants'submitted Narrative(Exhibit B),Page 6,for additional detail. In order to preserve potential yard areas for homes surrounding the perimeter of the main wetlands, applicants are proposing buffer averaging subject to MCWD rules and requiring that agency's approval. The reported buffer width requirement based on specific reductions for the relatively flat slopes is 28' on average. Applicants are proposing buffer widths ranging from 15' to 56'. The proposed buffer plan results in approximately 6,800 s.f. of buffer in excess of that required by MCWD. The City code requires a minimum structure setback of 35' from the wetland boundary, plus 10' additional where the 35' setback would be less than 10' from a MCWD required buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. Tree and/or Woodland Impacts The site is extremely flat and open, with a few significant trees located in the vicinity of the former homesites at the Se and NE corners of the property. The developer proposes to preserve existing significant trees to the extent possible (see Tree Inventory and Tree Preservation Plan, Exhibit C, Sheets 11 and 12 of 15). Perimeter Buffers Proposed In response to the discussions at the sketch plan stage, applicants are proposing to create perimeter buffers along the three adjacent roadways — see Exhibit D. Planning Commission should review the proposed berming and vegetative screening along the north, south, and eastern lot boundaries. The buffers are intended to provide screening from adjacent roadways into private yards and mitigate tree loss on the site. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office(SHPO)to confirm. Lot Layout and Lot Standards The property consists of three separate parcels totaling 14.1 dry buildable acres (12.6 net developable acres), proposed to be subdivided to create 39 single family lots. The layout of the site is dictated by a number of factors, including: - location of wetlands; - collector or arterial roadways on three sides; - the need to locate road access points directly across from those serving the Orono Industrial Park - provision for future road extensions to Dumas property The applicants have proposed a plan that takes into account these factors. The result is a site layout with two road entrances onto Old Crystal Bay Road and none onto Wayzata Boulevard. This is in part due to the expectation that there should be just one curb cut onto Wayzata Boulevard (CSAH 112)to serve this property and the Dumas property, and that curb cut is likely 16-3807 February 11,2016 Page 7 to be further west than the west boundary of the property to maintain appropriate separation from the OCB/Wayzata Blvd intersection. Note that there is an existing driveway onto Wayzata Boulevard at the very northwest corner of the property. This driveway is shared with Dumas and needs to be addressed by the applicant — potentially remove it or relocate it further west to continue to serve the Dumas property. Rear Yard Setbacks. Nineteen of the 39 lots have a rear yard (or side yard for Lots 7 & 8, Block 1) abutting either Old Crystal Bay Road or Wayzata Boulevard. Landscaping/berming is proposed along the frontage of these lots to provide for buffering of the residences from these main roads. It is unclear whether there are gaps in the perimeter buffers, and Planning Commission should consider whether an appropriate balance is established between maintaining views into the site while providing screening and separation for the homes from the adjoining roadways. While the homes on these perimeter lots are placed to meet the 50' setback requirement from the major roads, functional (i.e. relatively flat) rear yard areas in most cases will be only 20'-30' in depth. Lot Widths. Generally all of the proposed building lots have a functional width of 65 feet at the building setback, except for the 5 lots in Block 3 at the SE corner of the site. The Block 3 lots cluster around a partial cul-de-sac and are approximately 45' in width at the setback but widen towards the rear. Side Setbacks. The 45-foot lots are proposed to maintain separation of 10' between buildings (5' side setbacks each side), while the 65' lots are proposed to maintain a 10' setback on one side yard and 5' on the opposite side. The proposed site plan depicts 10 locations where there is a 10- foot separation between homes; 8 where there is a 15-foot gap; and 9 where the separation between homes is 20 feet. The typical building pad on the 65-foot lots is 50' wide and 65' deep; on the 45-foot lots the pads are typically 35' wide and 75' deep. A potential ramification of forcing the separation between buildings to be 20' throughout the development would likely be the loss of as many as 2 lots. This would reduce the development density to 2.94 units per acre,below the 3.0 units per acre threshold. Front Setbacks. Front yard setbacks as measured from the front lot line are proposed at 20 feet for lots without a boulevard sidewalk (leaving a parking area from garage door to curb of 30 feet), with a 25-foot setback for those lots with a boulevard sidewalk (leaving 25 feet from garage door to sidewalk). In each case this will allow parking of one or more vehicles in front of the garage without hanging into the street or encroaching onto the sidewalk. This ensures visibility along the road should large vehicles be parked in the driveway, and ensures that vehicles will not overlap into area used for snow storage. Lot Coverage vs. Floor Area Ratio (FAR). Zoning Code Section 78-1403, the 15% Lot Coverage limit for lots less than 2 acres in area, states that the 15% limit applies to all zoning districts; it doesn't make an exception for RPUD. However, the RPUD District does not specifically establish a `Lot Coverage by Structures' limit. Instead, the RPUD standards limit individual lots to 50% hardcover and an individual lot Floor Area Ratio (FAR= gross area of all floors divided by gross lot area) of 0.5. This means a 14,000 s.f. lot is allowed 7,000 s.f. of total floor space. For example, a 35' x 65' footprint incorporating garage space, full basement and two stories, would yield 6,825 s.f. of floor area; on a 14,000 s.f. lot the FAR would be 0.49, meeting the 0.50 FAR limit. 16-3807 February 11,2016 Page 8 On Plan Sheet 3 of 15, the table on the right shows gross lot areas ranging from 7,484 s.f. to 65,893 s.f. The smallest lot, Lot 6, Block 4 would be allowed a total square footage of 3,742 s.f. The largest lot (Lot 8, Block 4, which includes a large area of wetland) would be allowed nearly 33,000 s.f. by FAR but is severely limited by wetland setbacks. The developer should be advised of the FAR requirement and address whether it poses any concerns. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the gross lot area. Only the smallest of the proposed lots would appear to approach that limit. Site Grading The property is very flat, with elevations generally between 1023' and 1026', slightly lower at the wetland, slightly higher near the southeast corner. In order to prepare homesites for the proposed range of walkouts, lookouts, or full basements, a significant amount of excavation and filling will be necessary, including soil replacement for stability as well as adding significant amounts of fill to ensure adequate site drainage and elevate homes above the high seasonal water table. A majority of the site outside of the wetlands and buffers will be filled to approximately elevation 1030'. Applicants' narrative indicates an earthwork estimate has not been completed but there is an expectation that fill importation will be required. The City Engineer's review comments are attached as Exhibit E. Staff would also note that individual driveways for approximately half of the lots will be in the range of 9-10% slope from the garage to the street. While the City does not have a driveway slope limit, these would be near the top of the range which many homeowners would see as acceptable. Road Layout and Standards The internal road system serving the development is proposed to be public. This is in line with the provisions of the CMP Transportation Plan in Urban Transportation Policies,which states: 1. Local streets in the urban area will be owned and maintained by the City. Because the land use and street use density of the urban neighborhoods is relatively high, the City will provide public street access to all urban properties. City responsibility for proper maintenance levels will ensure passable, all-weather streets available at all times for emergency vehicles and for general public ingress and egress. Due to the number of units to be served both initially and potentially in the future, and given the density of the proposed development, the internal road system is intended to be public and has been designed to public road standards. The proposed road layout consists of a horse-shoe configuration with two access points onto Old Crystal Bay Road, each located directly across from the existing road/driveway accesses of the Orono Industrial Park. The two westerly ends terminate at the boundary with the Dumas property, the intention being to provide access for the future development of the Dumas property. Temporary cul-de-sacs will be constructed which can be removed at such future time the roads are extended. It has long been City policy to establish corridors for possible future development of "through roads" and access to adjacent developable property where that ability exists. To avoid future neighborhood confusion, staff recommends that the actual road construction extend past the temporary cul-de-sacs to the west property boundary and that barriers and signage be 16-3807 February 11,2016 Page 9 established indicating the road potentially will be extended in the future. The preliminary plat will be forwarded to the Fire Chief for comment with regard to access for fire department vehicles. The proposed road is 30' in paved width (back-of-curb to back-of-curb) located within a 50' platted corridor, meeting the City's standard for a private road system; however, for a public road, the minimum paved width required is 32' [Code Section 82-281(d)(2)]. The road width should be expanded to 32'. The City's standard for maximum length of a cul-de-sac road is 1000 feet. The establishment of two road entrances off Old Crystal Bay Road avoids excessive cul-de-sac length for this development; each is approximately 600 feet in length.. Once the Dumas property develops, extension of the roads would be expected to include an added access onto Wayzata Boulevard from the Dumas site, potentially eliminating any future concerns regarding extending cul-de-sac lengths. The lot layout avoids the use of shared driveways, which have been a point of contention with the Stonebay project in a similar density development. The establishment of individual driveways for the proposed development is seen as a positive measure. The developer will pay all costs of road construction and installation. Road Improvements and/or Easements Needed The City Engineer has indicated at this time there is no need for additional right of way on Old Crystal Bay Road. No turn lanes are proposed. With the internal road system being publicly owned and maintained, no road easements are necessary. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. A number of drainage easements are shown on the plat drawings as necessary to direct stormwater runoff. Parks,Trails, Sidewalks The CMP does not indicate any future trails along Wayzata Boulevard, and a City trail already exists along the east side of Old Crystal Bay Road. The proposed plat includes a sidewalk along the west side of the internal horseshoe road, then continuing along the northeast cul-de-sac and connecting to the signalized intersection of Wayzata Boulevard and OCB Road. For potential discussion is whether a segment of sidewalk should be extended to the east along the southerly access road, to allow for more direct access to the trail on the east side of OCB Road. This would potentially require establishment of a crosswalk across OCB Road (approximately 800 feet south of the Wayzata Blvd/OCB intersection and 300 feet north of the bridge). 10% Private Recreation Area Requirement. RPUD standards require that 10% of the development site be provided as a private recreation area or open space to serve the residents of the development. The wetlands which encompass a significant portion of the development certainly act as open space, but they are not accessible for recreation purposes because the wetlands are placed within individual lots rather than as a separate commons area. Worthy of discussion is whether there is a need for a private recreation area on the property, given the proximity to the Orono Schools campus. 16-3807 February 11,2016 Page 10 Park Dedication In addition to the creation of a private recreation area to serve the development residents, the City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee for 39 new building lots would be appropriate; the current fee ranges from a minimum of$3,250 and a maximum of$5,550 per lot, for a potential total fee of $126,750 to $216,450. The subdivision proposal is scheduled to be reviewed by the Park Commission at its March 7 meeting. RPUD Landscaping Requirements The proposed landscaping plans (Sheets 14 & 15, and Perimeter Buffer Layout Sheets) have not been thoroughly evaluated by staff as to compliance with the very detailed RPUD landscaping requirements. This evaluation will proceed upon confirmation of a final site layout. Stormwater and Drainage Improvements & Fees Applicants have submitted detailed grading and drainage plans and calculations, which the City's consulting engineers have determined meet the City's requirements. A majority of the runoff will be directed to two stormwater ponding areas and an infiltration basin, each of which ultimately discharges to the wetland. These three facilities will be subject to standard drainage easements. The property will be subject to the Stormwater and Drainage Trunk Fee. Recent Council action to revise the Trunk Fee provisions would result in a fee (for development at 4.0 units per acre or less) of $7,275 per acre (2016 Fee Schedule), based on non-wetland acreage, for an estimated Trunk Fee of 14.12 acres x $7,275/acre=$102,723.00. Utility Locations/Availability/Assessments/Connection Fees Municipal sewer and water utilities are planned to be extended westward from the intersection of Old Crystal Bay Road and Wayzata Boulevard in 2016 to serve development at this site and properties further west. The property has not been previously assessed for sewer and water, Sewer and water connection charges ("local SAC and WAC") have been preliminarily determined based on the estimated costs of construction of the extensions and apportioned between the three properties expected for future development (see Exhibit N). Preliminary connection charges for the applicants' site are estimated at $79,903 for municipal water and $45,467 for municipal sanitary sewer. The final exact routing of the sewer trunk line in relation to this development (within the Wayzata Blvd right-of-way or as part of the internal lateral system) is still under discussion. City Engineer Comments Comments by the City's consulting engineer regarding all aspects of the development plans are included as Exhibit E. While these comments generally pertain to engineering matters that can be resolved in due course, a few items requiring Planning Commission and council review have been included in this staff report(i.e. whether a sidewalk and crosswalk should be include across OCB Road at one of the two access road entries; review of landscaping plans). 16-3807 February 11,2016 Page 11 Style and Appearance of Proposed Homes The applicants have provided conceptual depictions of elevation views and floor plans for the proposed homes. Planning Commission should review these (Exhibit I) and determine whether there are any concerns. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: Comprehensive Plan Amendment 1. Applicants propose development at a density of 3.1 units per acre rather than the 7-10 units per acre for which the property is guided, and have requested a Comprehensive Plan Amendment to allow the lower density. In order to achieve the currently guided density, at least 88 dwelling units would have to be built, which would likely require multi-family attached dwelling units. Questions asked during the Sketch Plan Review process in 2015 included: - Should the City be striving for more density or less density at this location? - Is the single-family concept right for this area? Does it match the City's goals in terms of housing type and density? - Is there a significant difference in visual impact from off-site of a row of minimally-separated single family homes vs groups of attached townhomes (such as in Stonebay) vs larger condo/apartment buildings? - Will the City benefit from a development, such as this? Should the entire property be developed in this manner, or should this site incorporate more than one style of houses? In general, the responses to these questions during prior reviews has been that the proposed development density is acceptable. If that is the case today, a Planning Commission recommendation for approval of the Comprehensive Plan Amendment is appropriate. Rezoning from RR-IB to RPUD 2. Planning Commission should consider whether RPUD is the appropriate rezoning option for this development. Staff believes RPUD is the only viable available option for development of this parcel in the manner proposed by the applicants. Preliminary Plat Review 3. Due to the number of units to be served both initially and potentially in the future, and given the density of the proposed development,the road system should be public. 4. The general design and orientation of dwelling units proposed and the minimal lot sizes and setbacks as compared to the RPUD standards requires a significant level of development flexibility. Does Planning Commission have any concerns about the lot widths, setbacks or other RPUD standards for which flexibility is required in this proposal? Does Planning Commission find the mix of separation distances between buildings appropriate? 16-3807 February 11,2016 Page 12 5. A small number of lots will have relatively short "back yards" where the home will be no more than 20 feet from a wetland buffer, ponding area or perimeter berm. Are these acceptable? 6. The proposed front setbacks have been increased since the Sketch Plan Review in order to allow for driveway parking without interfering with sidewalk or streets traffic.. 7. Given that the wetlands will be contained within individual lots, they likely cannot be considered as a recreational amenity for the development as a whole. They do provide open space. Planning Commission should discuss whether this development should be required to create the RPUD standard 10% private recreation space. Prior discussions have suggested that the proximity to the Orono Schools campus justifies not requiring recreation area within the neighborhood. 8. Should a connecting sidewalk to OCB Road at one of the two road entrances be established? The intent would be to provide an alternate access to the existing trail along the east side of OCB Road; a crosswalk would have to be striped. 9. The perimeter berming and vegetation plans should be reviewed— will the result be an appropriate balance between the need for buffering the homes form the surrounding roads while maintaining views into the site rather than becoming a solid barrier?. 10. Are there any other issues or concerns with this application? Staff Recommendation This development proposal exhibits a significant level of refinement as a result of the developer's response to issues raised during the Sketch Plan Review process. Discussion of the above topics and any conclusions reached by the Planning Commission should provide applicant and staff with direction as to whether or how the proposed plat should be further revised. Any remaining topics left unaddressed to date should be brought up for discussion. Staff recommends approval of the Comprehensive Plan Amendment, with the caveat that the City should identify alternate sites for higher density development. Staff recommends approval of the rezoning to RPUD, to be formally approved at the time of final plat approval. Staff recommends preliminary plat approval subject to the following conditions: 1. Flexibility being granted for the lot area, width and setback standards of the RPUD District. Hardcover will be limited to the assigned Tier 4 level of 50% on each individual lot. The 0.50 FAR shall be adhered to on each individual lot. 2. Development shall be subject to adherence to the proposed Basic Conservation Design Master Plan, also subject to removal of buckthorn on the site. 3. Approval of filling of Wetland #3 as proposed subject to mitigation as required by MCWD (off-site mitigation proposed) and Wetland #3 to be removed from Wetlands Overlay District. Wetlands#1 and#2 subject to standard City Flowage and Conservation Easements, and subject to MCWD buffer requirements and City wetland setback requirements. 16-3807 February 11,2016 Page 13 4. Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 5. Applicant to confirm with SHPO that that there are no archaeological sites within the property. 6. Internal road system to be public streets. At the two westerly temporary cul-d-e scas the road shall be extended to the west boundary line of the property and suitable permanent barriers and signage installed to indicate future road extension is intended. Internal streets road width shall be increased to 32' back-of-curb to back-of-curb. 7. Preliminary plat to be reviewed by Park Commission and Fire Chief for comments and recommendations prior to Council review of preliminary plat. 8. (For Discussion) Sidewalk to be extended along south entry road and crosswalk established across OCB Road. 9. 10% private recreational space requirement will not be enforced. 10. Park Dedication Fees and Storm Water & Drainage Trunk Fees, as well as municipal sewer and water connection charges, all as noted in staff memo, to be collected in full at the time of final plat approval. 11. Acceptance of the conceptual house plans and elevation as proposed Options for action include: - Recommend approval or conditional approval for the CMP Amendment, rezoning to RPUD and preliminary plat. - Table for further revisions and consideration(provide applicant direction). - Recommend denial, stating reasons. - Other 1 OLD CRYSTAL BAY ROAD NORTH ) w , (PUBL/C {' . - ;.mac es ._.•r.•♦v- ♦ i.2 r. ��i .�.�a. ---7745-14 a.��Z�:���� wT - _ " �,• i i„� . ,1I 1 •1 erL=11._w7' Z. •` `. ,cu GS a•!� •,..z,..„4,5;' a"�i..n l7l,_ri,_,fes," .' 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NO. 12 L ! )j � •' R.O.W UNE 17-3969 PC Exhibit E Hennepin Hennepin County Locate & Notify Map Date: 9/7/2017 r. �r p { .t A Shc Oal k o » � . • �.,,.x €' ',i is"�, eationaI z�i it's ''` � . .1 • H I .� �� __ - - , Mb gm 1 I M lit M. "I'1 Long Lake s 2 ' v . re i - R ' CO .r n „r r- - 3 Buffer Size: 350 feet 0 245 490 980 ft Map Comments: I I I I I 1 I I _I This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us RUN DATE:119/07/2017 IIENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 33-118-23 12 0002 38 33-118-23 24 0012 38 33-118-23 24 0022 PROFESSIONAL PROP ORONO LLP WEEKLEY HOMES LLC OP3 ORONO LLC 2765 KPI LEY PKWY 565 SANDHILL DR 510 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PROFESSIONAL PROP ORONO LLP WEEKLEY HOMES LLC OP5 ORONO LLC 835 PARTENWOOD RD 1111 POST OAK RD N 15250 WAYZATA BLVD#101 LONG LAKE MN 55356 HOUSTON TX 77055 WAYZATA MN 55391 ATTN TOM GONYEA 38 33-118-23 13 0016 38 33-118-23 240013 38 33-118-23 240023 CRYSTAL CLIFF LLC OP5 ORONO LLC OP5 ORONO LLC 430 OLD CRYSTAL BAY RD N 575 SANDHILL DR 500 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CLIFF OTTEN OP5 ORONO LLC OPS ORONO LLC C/O CRYSTAL CLIFF LLC 15250 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 2350 WAYZATA BLVD WAYZATA MN 55391 WAYZATA MN 55391 LONG LAKE MN 55356 ATTN TOM GONYEA ATTN TOM OONYEA 38 33-118-23 13 0021 38 33-118-23 24 0014 38 33-118-23 24 0024 PINE CORNER PROPERTIES LLC WEEKLEY HOMES LLC OPS ORONO LLC 450 OLD CRYSTAL BAY RD N 585 SANDHILL DR 490 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PINE CORNER PROPERTIES LLC WEEKLEY HOMES LLC OP5 ORONO LLC ATTN ANDREA TYSDAL 1111 POST OAK RD N 15250 WAYZATA BLVD#101 920 BROWN RD S HOUSTON TX 77055 WAYZATA MN 55391 WAYZATA MN 55391 ATTN TOM GONYEA 38 33.118-23 13 0021 38 33-118-23 24 0015 38 33-118.23 24 0025 PINE CORNER PROPERTIES LLC OPS ORONO LLC OH ORONO LLC 550 OLD CRYSTAL BAY RD N 580 SANDHILL DR 480 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PINE CORNER PROPERTIES LLC OPS ORONO LLC OP5 ORONO LLC 550 OLD CRYSTAL BAY RD N 15250 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 LONG LAKE MN 55356 WAYZATA MN 55391 WAYZATA MN 55391 ATTN TOM GONYEA ATTN TOM GONYEA 38 33-118-23 21 0002 38 33-118-23 24 0016 38 33-118-23 24 0026 SCHOOL DIST NO 11 WEEKLEY HOMES LLC OP5 ORONO LLC 685 OLD CRYSTAL BAY RD N 570 SANDHILL DR 2833 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ORONO IND SCHOOL DIST NO 278 WEEELPY HOMES LLC OPS ORONO LLC 685 OLD CRYSTAL BAY RD N 1111 POST OAK RD N 15250 WAYZATA BLVD 0101 LONG LAKE MN 55356 HOUSTON TX 77055 WAYZATA MN 55391 ATTN TOM GONYEA 38 33-118-23 23 0002 38 33-118-23 24 0017 38 33-118-23 24 0027 R E DUMAS&K G DUMAS OP5 ORONO LLC OPS ORONO LLC 302-5 WAYZATA BLVD W 560 SANDHILL DR 2835 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ROBERT E&KATHRYN G DUMAS OP5 ORONO LLC OP5 ORONO LLC 3025 WAYZATA BLVD 15230 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 BOX 607 WAYZATA MN 55391 WAYZATA MN 55391 LONG LAKE MN 55356 ATTN TOM GONYEA ATTN TOM GONYEA 38 33-118-23 24 0008 38 33-1 18-23 24 0018 38 33-118.23 24 0028 OPS ORONO LLC OPS ORONO LLC OPS ORONO LLC 2890 WOOD DUCK TR 550 SANDHILL DR 2837 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 OPS ORONO LLC OPS ORONO LLC OPS ORONO LLC :5250 WAYZATA BLVD#1D1 15250 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 WAYZATA MN 5539: WAYZATA MN 55391 WAYZATA MN 55391 ATTN TOM OONYEA ATTN TOM GONYEA ATTN TOM GONYEA 38 33-118-23 24 0009 38 33-118-23 24 0019 38 33-118.23 24 0029 OPS ORONO LLC WEEKLEY HOMES LLC OP5 ORONO LLC 2884 WOOD DUCK TR 540 SANDHILL DR 2837 GOLDENROD WAY ORONO MN 55356 ORONO MN 55336 ORONO MN 55356 OP5 ORONO LLC WEEKLEY BOMBS LLC OPS ORONO LLC 15250 WAYZATA BLVD#101 1111 POST OAK RD N 15250 WAYZATA BLVD#101 WAYZATA MN 55391 HOUSTON TX 77055 WAYZATA MN 55391 ATTN TOM GONYEA ATTN TOM GONYEA 38 33-118-23 24 0010 38 33-118-23 24 0020 38 33-118-23 24 0030 OP5 ORONO LLC WEEKLEY HOMES LLC OPS ORONO LLC 2872 WOOD DUCK TR 530 SANDHILL DR 284I GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 OP5 ORONO LLC WEEKLEY HOMES LLC OP5 ORONO LLC 15250 WAYZATA BLVD#101 1111 POST OAK RD N 15250 WAYZATA BLVD#101 WAYZATA MN 55391 HOUSTON TX 77055 WAYZATA MN 55391 ATTN TOM GONYEA ATTN TOM GONYEA 38 33-118-23 24 0011 38 33-118-2324 0021 38 33-118-23 24 0031 OH ORONO LLC OPS ORONO LLC OPS ORONO LLC 2868 WOOD DUCK TR 520 SANDHILL DR 2895 WOOD DUCK TR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 OP5 ORONO ILC OP5 ORONO LLC OPS ORONO LLC 15250 WAYZATA BLVD#101 :5250 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 ATTN TOM GONYEA ATTN TOM GONYEA ATTN TOM GONYEA RUN DATE:09/07/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 33-118-23 24 0032 38 33-118-23 24 0042 OP5 ORONO LLC OP5 ORONO LLC 2885 WOOD DUCK TR 2840 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 OPS ORONO LLC OP5 ORONO LLC 15250 WAYZATA BLVD#101 15250.WAYZATA BLVD#101 WAYZATA MN 55391 WAYZATA MN 55391 ATTN TOM GONYEA ATTN TOM GONYEA 38 33-116-23240033 38 33-118-23240043 WEBKLEY HOMES LLC OP5 ORONO LLC 2875 WOOD DUCK TR 2850 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 W EEYLEY HOMES LLC OPS ORONO LLC 1111 POST OAK RD N 15250 WAYZATA BLVD#101 HOUSTON DC 77055 WAYZATA MN 55391 ATTN TOM GONYEA 38 33.118-23 24 0034 38 33-116-23 24 0044 OP5 ORONO LLC OP5 ORONO LLC 2865 WOOD DUCK TR 2860 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 OP5 ORONO LLC OPS ORONO LLC 15250 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 WAYZATA MN 55391 WAYZATA MN 5539! ATTN TOM GONYEA ATTN TOM GONYEA 38 33-118-2.3 24 0035 38 33.118-23 24 0045 OP5 ORONO LLC OP5 ORONO LLC 2855 WOOD DUCK TR 2870 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 OPS ORONO LLC 0P5 ORONO LLC 15250 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 WAYZATA MN 55391 WAYZATA MN 5539! ATTN TOM GONYEA ATTN TOM GONYEA 38 33-118-23 24 0036 38 33-118-23 24 0046 OPS ORONO LLC 0P5 ORONO LW 545 SANDHILL DR 2880 GOLDENROD WAY ORONO MN 55356 ORONO MN 55356 OPS ORONO LLC OPS ORONO LLC 15250 WAYZATA BLVD#101 15250 WAYZATA BLVD#101 WAYZATA MN 55391 WAYZATA MN 55391 ATTN TOM OONYEA ATTN TOM GONYEA 38 33-1:8-23 24 0037 38 33-118-23 31 0010 OP5 ORONO LLC ON EY CO 535 SANDHILL DR 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 OPS ORONO LLC B N&SANTA FE RR CO 15250 WAYZATA BLVD#101 PROPERTY TAX DEPT WAYZATA MN 55391 PO BOX 961089 ATTN TOM GONYEA FORT WORTH TX 7616! 38 33-1:8-23 240038 38 33-118.23 31 0013 OP5 ORONO ILC STATE OP MN 495 SANDHILL DR 365 OLD CRYSTAL BAY RD N ORONO MN 55356 ORONO MN 55356 OP5 ORONO LLC MN DEPT OF TRANSPORTATION 15250 WAYZATA BLVD#101 DIRECTOR OF RVW OPERATIONS WAYZATA MN 55391 395 JOHN IRELAND BLVD ATTN TOM OONYEA STPAUL MN 55155 38 33-118-23 24 0039 38 33-:18-23 32 0002 OPS ORONO LLC BURLINGTON NORTHERN INC 485 SANDHILL DR 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 OP5 ORONO LLC B N&SANTA FE RR CO 15250 WAYZATA BLVD#101 PROPERTY TAX DEPT WAYZATA MN 55391 PO BOX 961089 ATTN TOM GONYEA PORT WORTH TX 76161 38 33-118-23 24 0040 OP5 ORONO LLC 475 SANDHILL DR ORONO MN 55356 0P5 ORONO LW 15250 WAYZATA BLVD#101 WAYZATA MN 55391 ATTN TOM GONYEA 38 33-118-23 24 0041 OPS ORONO LLC 2830 GOLDENROD WAY ORONO MN 55356 OPS ORONO LLC 15250 WAYZATA BLVD#101 WAYZATA MN 55391 ATTN TOM OONYEA 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. t � Item 6 Date Application Received: 08/17/17 OA, Date Application Considered as Complete:08/21/17 WA 60-Day Review Period Expires: N/A To: Chair Thiesse and Planning Commission MembersDustin Rief, City Administrator .kEsHDQ' From: Melanie Curtis, Planner PYIGG Date: 18 September 2017 Subject: #17-3964, Mary Schommer, 3635 Togo Road, Sketch Plan Application Summary: The applicant is requesting comments via the sketch plan process for a proposed subdivision of the 2.34 acre property to create a total of 3 lots where one lot currently exists. Staff Recommendation: The Planning Commission is asked to give feedback on the proposed development,which appears to require approval of a flexible zoning application such as a PRD, PUD, or RPUD as appropriate. Background The property is currently zoned LR-1C One Family Lakeshore Residential (1/2 acre) with a prescribed density of 1 unit per Y2 acre (or 0.5 unit per acre). From a density standpoint,the proposal is consistent with the comprehensive plan. The proposal includes the subdivision of the single lot into three lots. One property would be accessed off of Togo Road where the current home exists;two additional lots are proposed to access off of Northern Avenue on the south. It is not known if the existing house will be retained or replaced. The lots range in size between 0.51 and 0.91 acres. All lots provide the minimum lot width measured at the front setback. The proposed sketch shows the applicable setbacks and resulting building pad areas. Lot Area. A wetland has been delineated near the center of the 2.34 acre lot. The size and location of this wetland impacts buildable areas of the southern two lots. City Code requires that each sewered lot provide 0.5 acres minimum of contiguous dry buildable area. It does not appear that this standard can be met for lots 2 and 3. The project will be served by municipal water and sanitary sewer. Stormwater may need to be retained and treated as required by applicable stormwater regulation. No house plans have been provided. Unless otherwise amended, all homes will need to meet current standards for height, applicable setbacks, and lot coverage. A Conservation design plan will need to be completed as required by city ordinance. FILE#17-3964 18 Sept 2017 Page 2 of 3 The project as proposed will require approval of a subdivision with some level of flexible zoning approvals to account for the lack of contiguous dry buildable area for the southern 2 lots. Road/Right of Way Dedication: A 20 foot right-of-way dedication is shown along Togo Road. However,the sketch drawings do not include a dedication of additional right-of-way for Northern Avenue. Northern Avenue was originally created as part of the plat of Townsite of Langdon Park in 1893, being 66 feet in width adjacent to the north boundary of the 100-foot wide Great Northern Railroad right-of way. In 1912 Northern Avenue was vacated by the town board for unknown reasons. Today, Northern Avenue exists as a 20' paved width public road half on the railroad right-of-way and half on the adjoining properties. As part of the plat of Southview Estates in 1983,the City was able to recover a 30'corridor near the western end of the vacated right-of-way. Since then,the Hennepin County Regional Rail Authority has acquired the railroad right-of-way and has a recent history of attempting to eliminate encroachments on its potential commuter/light rail corridors. With half of Northern Avenue's traveled road on the railroad right-of-way, itis in the City's interest (and by extension, area residents)to regain the necessary right-of-way outside the rail corridor for potential relocation of Northern Avenue should the need arise. Property subdivision is one of the few opportunities the City has to acquire necessary road rights-of-way. Direction is provided in the Subdivision Code Section 82-281(2)as follows: (2) Rights-of-way. Rights-of-way shall be in accordance with the following performance standard: a. Minimum 6:J-it-of-way widths. Category of Road Required Width Principal arterial,intermediate As recommended by the State Department of arterial Transportation Minor arterial 80 feet Collector 70 feet Local 50 feet Parkway 100 feet Culs-de-sac 50 feet radius b. Rights-of-way are needed for future roadways in the opinion of the city. c. Right-of-way widths or additional widths in existing rights-of-way in excess of the standards designated in this chapter when,due to topography,additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of 3:1. Both Northern and Togo are local roads,suggesting the need for 50 feet of right-of-way(25 feet on each side of Togo, 50 feet north of the rail line for Northern). Dedication of 50 feet of right- of-way would make the southern two lots unbuildable.The Northern Oaks addition to the west along Northern was required to dedicate additional right-of-way,to get to 30 feet. Staff recommends a minimum of 15 feet beyond the existing blacktop be dedicated.The Planning , FILE#17-3964 18 Sept 2017 Page 3 of 3 Commission should discuss the appropriate amount of right-of-way to apply to this subdivision. The Planning Commission should identify any additional issues or concerns with this application and provide guidance.The sketch plan will also be presented to the City Council at their October 9`h meeting. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Site Plan Exhibit C. Wetland Delineation Information Exhibit D. Aerial Photos PC Exhibit A City of Orono #17-3964 Subdivision Application Street Address: Application# p7..49 C, ./ 2750 Kelley Parkway Orono,MN 55356 Date Received: F.—11 Main: 952-249-4600 Staff: fax: 952-249-4616 Application Fee: fa6-0 a ,4 79,4 4krzeoa-G Mailing Address: Escrow: P.O.Box 66 Crystal Bay, MN 55323-0066 Notes: PROPERTY INFORMATION: Site Address: `� ka3 S `l o c-:,=s A IN (1- OLD .J~3q k Property Identification Number(PIN): I '1 - I - 2 3 - 3 4 - Q C)1, '-1 Date Property Acquired (month/year): ) Z r cin p .Abstract 0 Torrens(Please check one) Present use of property: 01 Residential; number of Units 1 0 Other(specify) Zoning District: APPLICANT INFORMATION: Wcheck here if Applicant address should be used for billing Applicant: M e.,4- E_ S 411 o X►.L�M 2C+ Phone(Primary): q S't- 4 63 . 5 .160 Mailing Address: 3 6 3 S' Timet �va�cL City:tocky Z a-,k61,_ ZIP: SSICU Email: 5Q-P1 t1•1 Z2 V b C.np* PROPERTY OWNER INFORMATION: pi 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: EXISTING LAND USE: Number of Tax Parcels: I Development Size: I. bZ Acres Dry Land 14 Acres Wet Land 2.-•3 Co Acres TOTAL,all parcels PROPOSED LAND USE: 0 Division for Tax Purposes 11.Subdivlsion for New Building Sites Number of Building Sites: Existing Units: New Units: Total Units: Proposed Gross Density 3 Units per acres Minimum Lot Size: 2.A i"1 90- Square feet dry buildable land Proposed Use(check) Residential ❑Other(specify) RECEIVED AUG 1 7 2011 Subdivision Application—January 2017 3964 CITE'OF ORONO Page 5 APPLICANT/AGENT AND/OR PROPERTY OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses Incurred In review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting,please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributed via email. X Applicant Signature! t 7 Date: f— t 7- / 7 Applicant Signature: Date: Property Owner Signature: /+ 1c7-1.� Date: 1 "/7— /7 Property Owner Signature: Q Date: RECIMite AUG 18 2017 Subdivision Application—January 2017 CITY OF ORONO Page 6 York Realty Ralph Kempf broker 612-382-8230 cel/952-471-1119 Ralph@ralphkempf.com Orono City Planning Dept August 17, 2017 Thank you, Melanie and Jeremy, for meeting with Mary Schommer, Mark Gronberg and myself to review 3635 Togo Road for a sketch plan review as preliminary to subdivision. Attached is the Subdivision Application and the rest of the application packet with Mary's initials and signatures on the Pre-Application Meeting Form. Also attached is Mary's check to the City of Orono for$350,which will allow for the sketch plan application going before Planning commission at their September meeting. As we discussed, Mark Gronberg will provide the plat maps with required survey items. Please review the attached and let me know if there is anything further that I or Mary can provide to facilitate the process forward. Thank you again, aka RECEIVED AUG 1 8 ZU1) 3964 CITY OF ORONO PC , Exhibit B #17-3964 1 SKETCH PLAN AND CERTIFICATE OF SURVEY FOR MARY SCHOMMER IN LOT 6, BLOCK 10, TOWNSITE OF LANGDON PARK & PART OF VACATED NORTHERN AVENUE HENNEPIN COUNTY, MINNESOTA --N $9.42'30"[ 123.41--., , , -,...... ‘ 3.41--.,` m - _:-•1000 ..w� N1 J_' ROADr— T.. �eY.� I I 1 TI j Nj� ( o rNs n 8. 1 acs' ..Mtl a _..-_ I 8 . - N Dela s c 110.0 Iu.wtC Ny : 8 t IA 1J 4W / 7r� I If E / �} \ � ----N 1189°42'y*0"I E 140.002-c\ / . py 4. 5 i`\ C �� A i On zl • i fit' r\` 8; R � — I a ,...1 / } i A I / I _ ; er 2 ‘i • J \ 091:AC. I\ 0.50:AC.DRY \.� -'� 1-._. Ds6:A.rota; ,'. 0.56:AG tl��1T�y ""1�� x 1\\ ± ia°d°ea.e[.t17,=ti' -- S 89p7r 0 � I �1 TI I CS LOT• 1 2 w 4 .' u / r /" SEWER ES.0 LeE w.W I �, m` _5--__, „+ - 1 ^' S I� \ el4- . 1 N i LOT 0 X,1 vv;.�ra-=— ix L,-- 1---1----- VA QT[D\y "f�1(�r�T-4ERN V; AVEN E - 1 };`_:' ..e�tea Lm caw-1-.-__a-.'-” -----__....1:-._,:::._..s i 1 _ 87°51'x17"W 214.55---- I • ,.._swwm wa<wa- /� __ 0 -__-_ 1 ENNEPiN CcNTYIREG`TONAL a RAILROAD AUTHORITY DAKOTA RAIL TRAIL LEGAL DESCRIPTION OF PREMISES: The tobwing described property is located in the Cowl)of Hennepin,City of Woyaata State of Minnesota as follows: That port of Lot Six(6),Block ten(10.Townsite of Langdon Paaibfollows:deeed fows:Commencingt point on kw West kof said Lot 6 distance 1500 feet north of the Southwest corner thereof;thence at right angles east 50.0 feet;thence at right angles south 146.6 feet.more or less to thesoutherlyr line said Lot 6;thence easterly along said therlFne of Lot 6, atop 214.0 feat,m r Mss,to the Southeast corner of id Lot 6;thence north to the Northeast cornerof saidLot 6:thence west p the North line of said Lot 6.124.0 feet.more or less,to point 140.0 feet east of the Northwest corner of saia Lot 6,thence south para.&with the West line of Lot 6,250.0 feet:thence west passel with the North line of Lot 6,140.0 feet;thence south 120.0 feet.more or Lees.to the point TOTAL AREA-2.341 AC. of beginning.according to the plat thereof on fie and of record in the Office of the Register of Deeds in and for Hennepin Canty,Minnesota.Including adjoining Northern Avenue vacated and subject to the easements described in DRY AREA-1.631 AC. Book 1472 of Deeds,page 21. WETLANDS•0.71_ AC. •: denotes iron molter found ZONING.LR-1C e: denotes Judfcid Landmark fond sir-- aenotss existing contour lino,per County mops Reorings shown we honed upon an tesumed datum. This survey intends to show the bounoaies of the above described property,three txisNng bulOngs,delineated wetlands and existing topography,per County maps hereon.It does not purport to snow any other improvements or encraocfenents. RS* I bey..,Worerte,that Inn eke.specifea> or.°port PROJECT GRONBERG & ASSOCIATES, INC. Vs lrtne76y ow.os isrsir 0 WJ Len L y Svv.tndw ow s-a-,7 CIVIL RNaiw,tt D LAND 9URVRYDRN,LAND PLANNRRS r4raneio. "� .211E...-4.-/ Cyt -Wr-\`// 445 NONIH WILLOW i2-4 LONG LORE.w 55356 IA.S.Graters lahosf e a Lice*.wn6w 11755 17-307 952-47}4111 PC Exhibit C #17-3964 Minnesota Wetland Conservation Act 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 Application Number Mary Schommer 3635 Togo Rd 6/22/2017 W17-21 ®Attach site locator map ® Attach approved boundaries 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: 08/22/2017 ®Approved ❑Approved with conditions(include below) ❑Denied LGU Findings and Conclusions(attach additional sheets as necessary): BWSR Forms 7-1-10 Page 1 of 3 Mary Schommer has applied for a wetland boundary&type confirmation for the wetlands located at 3635 Togo Rd(PID 053-1711723340014)in the City of Orono,Hennepin County,Minnesota.Legal description: Section 17,Township 117N,Range 23W.The boundary&type approval was requested June 22"d,2017. . A wetland delineation was conducted by ISG on May 19th,2017.A complete delineation report and WCA application were submitted to MCWD June 22"d,2017. One wetland was delineated within the project area.Wetland A was identified as a Type 1,2,6, floodplain forest,fresh(wet)meadow, shrub/carr wetland. MCWD reviewed the boundaries in the field on August 17`h,2017. MCWD was in agreement with the wetland boundary and types identified on site. MCWD approves the wetland boundaries and types as documented in the delineation report submitted on June 22"d,2017 and delineated in the field on May 19`h,2017.This decision is valid for five years. A future project located on this property may require a permit from the MCWD. 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. 0 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 Heidi Quinn Permitting Technician Signature Date Phone Number and E-mail 44---eA, t 41P 8/22/17 (952)641-4504 hquinn@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. BWSR Fonns 7-1-10 Page 2 of 3 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 4. LIST OF ADDRESSEES • SWCD TEP member: Stacy Lijewski • BWSR TEP member: Ben Meyer ❑ LGU TEP member(if different than LGU Contact): ® DNR TEP Becky Horton, ❑ DNR Regional Office(if different than DNR TEP member): ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different):Mary Schommer ® Members of the public who requested notice(notice only): Ralph Kempf,Lucas Mueller, Melanie Curtis,Christine Mattson ® Corps of Engineers Project Manager(notice only):Ryan Malterud ❑ 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.mn.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 BWSR Forms 7-1-10 Page 3 of 3 ➢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: BWSR Forms 7-1-10 Page 4 of 3 r }I?1 Immo ti 1 milk'. • ��f - s«ate; " ' `.' o t _'".s ,`, T�`{(t\ Togo Rd ��■1i.Ti� ; � R23tRi ,, ■■ � L � ,,,„ ���� '� Hennepin �� jik ' � „ County oOa,P Ilidthei a s'` 'T Northern Ave `:; - m Gystal c _ a-�:.,_ m Livin•ston Ave CO �. a *�4i-s c,, f IWAi i , .i,1`,,lif!ri2ock 7, . '. 44 �"�'". e' �P ` yfry�,. .-",t,."fhis r—K� R-11t1 ,, .,..-,L---- tp K 17:',-..; i',,'. .7,-i;,:"!74:1,!:.1 9" "t :'$1,,, "C �. .r .Y�i. ( f �'�i"a' 1X4 �.{ y; IV rt ,*c r, --4 ' °� gx�. t � k� ? Kits r � �' �� v .�'` *� ,, ^t� - ' � = �x�: ' �, til ':` "'r L. ":,,,;.;,'1:_-'.',M "~ u %2 qp.- , ',r yx ° _'C % 1-1174 siow All‘ ...,'Ii , , *,I- fiiii4,-',:-n -.---=,::---' ry ‘1224W' ' Ter , : ' r' _ ? 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PN:17-20520 Source(s): Figure 1 } Municipaffies(MNDOT,6/24/2016) o z,000 4,000 e,000 Project Location Map Lakes MN DNR,July,220 Beet S ( h ) 1 Inch=8,000 feet ceun9es(MN DNR,Jul zota) 3635 Togo Road PLSS(MnGeo/USGS) rnafsday,May�e,2017 Wayzata, Hennepin County,Minnesota *I... -,41.., . aim r 0 tIt �/ rh Q) Legend • • . �'" ..„ ,°i =Project Area • .` 3a A { ` :i•a* �k, -oo Wetland Delineation r' t • — ; 1 ,- r 1 A ( , 0 Wetland Flag x & 4 e• it , L T: 14.'t "£ ry • J � •r + Photo Location - i , r / 10'Contour t �'' ,' � , i. A Id 1 J 2'Contour ` **kJ Sample Point ( 4, r 1 Upland - ) 41 <•--," �: R • Wetland i y`, t1i i'& .. _ F Wetland Type ,_ tr t ►` Type 1-Floodplain forest si ,l''.:;‘,10-...: r .y - t t°, µ Ry!..,.,.°1 `a�1 . r w. Type 2-Fresh(wet)Meadow ,,, ! •fes• w i Type 6-Shrub-carr r, ^ 1` ,t i" _ .:, ,WIN _ a......- , . .., ,_. ... , .„,., ,, . ., , ,,,,,,F1,..„,,,,, .,7-4.:. ,4-,:.7t.s,i.:- Au • LA ..:!' JI 1 1t terr. ►of-5 s':. G • • )� t 6 ; A f..4 1 /r : � i �t SP 1-A Up Wetland A ` ° ' ;� gillair " ? ' "1 ' �. . " SP 2-A Wet ? }I ; -4 . N,_-,. i ,... 1*1\ ,,,,,.... ____ a \4:1 I-N.,..4,./\ ri. , .. 1/4 — ........--- -"':"-,....., _•,.- 7.,t* SP 3-A Wet . , 1 �� ilt0 . . x g� i g"V F ....:, _. ..� _ Northern j�D ° ;� _ °5 f. � 5 �i •Table 3.Delineated Wetland Size and Type,3635To_o Road,Wayzata,MN to ,,,' Wetland .e I 17� . Wetland ID Wetland Area Circ.39 Cowardln Class. E::ers&Red " ' ` A 0.68 Ac.(29,654S.F.) Type 1/2/6 PFOA,PEMC,PSSC Floodplain Forest,Fresh(wet)Meadow, ., .. PN:17-20520 9' Shrub Carr Figure 6 Source(s): 0 15 30 6O Wetland Delineation Map ISG Orthophoto(USDA,NAIP,2015) Feec Wetland Deineation(ISG,2017) 1 inch=75 feet 3635 Togo Road Monday,May 22,2017 Wayzata, Hennepin,Minnesota PC 76dj i175 N69'4630/= v 212 Exhibit 264 264 ao 264 +0 264 #17-3964 7 ,.: . Tayc*F3fy _.•. 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