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Home My WebLink About02-20-2018 Planning Commission PacketAGENDA City of Orono Planning Commission Meeting for TUESDAY,, February 20, 2018; 6:30 PH Orono Council Chambers, 2780 Kelley Parkway, Orono, MSI 55356 952-249-4600 / www.ci.orono.mn.us Council Representative: Aaron Printup Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet — located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Navy Business 1. Approval of Planning Commission Meeting Minutes of January 16, 2018. 2. 18-3998 James & Mary Jundt, 1400 Bracketts Point Road, Preliminary Plat and Street Vacation (Staff: Jeremy Barnhart) 3. LA18-000001 Allen Merrill, Vacation of Right -of -Way (Grand View Avenue) between 1161 & 1153 Elmwood Avenue (Staff: Laura Oakden) 4. LA18-000004 Gates General Contractors, Inc., 710 Big Island, Variances (Staff: Melanie Curtis) 5. LA18-000006 Elevation Homes, 1390 Fox Street, Variances (Staff: Laura Oakden) 6. Update on January 8, 2018 City Council meeting. 7. Planning Commission Liaison for March 12, 2018 Council Meeting: John Thiesse 8. Other issues for discussion. Planning Commission Comments ADJOURNMENT Sign app for email notifications at www.ci.orono.rr.n.us — follow links for Stay Connected) & Email Notifications •�� ..a�zirta7looii*l •li■N1r .. 1W ; r'Krr9t tl-Ell A . r' � ■S �,• , ...•.�. Wittrtrnen no mil �,-,� f M Legend - - j�� City Limits I - ��,�.• �, Y _ I n AGENDA G City of Orono Planning Commission Meeting for �3-E ! pu, S,_ s LA1$-000006 TUESDAY, February 20, 2018; 6:30 PM _. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us _ Council Representative: Aaron Printup = New Business ` LAI 8-0000011 1. Approval of Planning 14 Commission Meeting - Minutes of January 16, 18-3998 = ■ 2018. I i 2. 18-3998 James & Mary Jundt, ! 1400 Bracketts Point � �. �1�r Road, Preliminary Plat and Street Vacation �..� •.�� (Staff: Jeremy Barnhart) M.M.�'� � �� ke ■ 3. LA18- Allen Merrill, Vacation of Ott t' ; Wwrto„ , = 000001 Right-of-Way (Grand View _ ■ ■ Avenue) between sp l 1161 & 1153 Elmwood ■ = ! - Avenue ;I„ - two (Staff: Laura Oakden) #, +��►,';� G 4. LA18- Gates General Contractors, t �� y0 � < , 710 Bi Island 000004 Inc., g , ,t L�A18-000004 ,�` Variances (Staff: Melanie Curtis) ~� * I •• 5. LA18- Elevation Homes, •�� O' 000006 1390 Fox Street, f .��.w.�..��.��.n.��....ur+` Variances (Staff: Laura Oakden) �}'•�,#moi -.... _ S � ,.,�,,. s Map Name l _I Disclaimer. This drawing is neither a legally recorded map nor a 0 2,029 Feet AiA B O LTO N ey and is not intended to co used fo one. This drawing drawing is a compilation of records, information, and data I �, & M E N K located in various city, county, and state offices, and other saffecting the area shown, and is to be used for ©Bolton&Menk,lnc-Web GIS 2/15/20182:OOPM Real People. Real Solutions. reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Kevin Landgraver, Bruce Lemke, Denise Leskinen, and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 12, 2017 Lemke moved, Schwingler seconded, to approve the minutes of the Orono Planning Commission meeting of November 12, 2017, as submitted. VOTE: Ayes 5, Nays 0. Barnhart stated Staff had noticed at the end of the business day that the public hearing notices for Items 2 through 7 was incorrectly posted. The public hearing was noticed in the newspaper but was not given to those residents within 350 feet of each of the applications. The Planning Commission has a number of options. Staff recommends holding the Planning Commission meeting as scheduled, receiving any public comment from the neighbors gathered this evening, and then continue the public hearing to either a special Planning Commission meeting on January 29 or continue it to the City Council meeting on February 12. Barnhart stated he is looking for direction on which way the Planning Commission would like to go. Lemke asked if the Planning Commission should vote on the applications. Barnhart stated if the Planning Commission wanted to reschedule it to January 29, they should hold off on making a decision on each of the applications since the public comment may sway their opinion. If the Planning Commission elects to continue the public hearing to February 12, they should make a recommendation to the City Council on the applications. Barnhart stated Staff regrets the inconvenience but that they just noticed it today. Barnhart indicated Staff did receive some comments on different applications but that it is necessary to receive all of it. Landgraver asked if signs have been posted on the properties. Barnhart indicated they have been on the properties where they are required. Thiesse noted only the City Council has the authority to decide whether to hold the public hearing at the City Council meeting. Barnhart stated City Staff or the Planning Commission does not have any authority to require the City Council to hear public comment and that they could elect to defer it back to the Planning Commission. Barnhart stated the likelihood of that in his view is slim but that it is a possibility. Leskinen and Schwingler indicated they are not available on January 29. Page 1 of 17 MINUTES OF THE O]RONO ]PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. Barnhart stated if the City Council is not able to hold the public hearing, the matter would be noticed for the Planning Commission meeting in February. Landgraver stated in his view the vast majority of interested people have likely seen the signs and that the question is what is the best thing to do for the people in the audience. Landgraver stated in his opinion it would be better to make recommendations and leave the public hearing open to the City Council meeting. Thiesse stated that would also be his recommendation. It was the consensus of the Planning Commission to continue the public hearings to February 12. Barnhart noted the Planning Commission will receive any public comment tonight from people who are here but that the public hearing will be continued to February 12. 2. #17-3983 ERIC AND LIZ VOGSTROM, 2618 CASCO (POINT ROAD, RIGHT-OF-WAY VACATION, 6:35 P.M. — 6:48 P.M. Eric Vogstrom, Applicant, was present. Oakden stated the applicants are requesting vacation of an unimproved right-of-way that is directly abutting their property. The right-of-way was originally a product of the Winship's Subdivision. The unimproved right-of-way is a dedicated lake access for pedestrians. The applicant uses the right-of-way to access their dock. Oakden stated in the Transportation Chapter of the Comprehensive Plan, it notes that less than 1 percent of Orono's lake shoreline has been dedicated as public access corridors. Nearly all the rest is privately owned and not available to the public for lake access purposes. In addition, the Council recently approved a resolution in support of preserving parks, open space and trails within the City of Orono. This unimproved platted right-of-way is identified as open space for pedestrian lake access. Approving this request would conflict with the recent support for parks and open space. In addition, based upon a review of the Comprehensive Plan, vacation of the right-of-way seems to go against the policies that are set in place for the preservation of lake access and open space. The City Engineer has reviewed this request and made the following comments: The City's policy is not to approve vacation of City fire lanes/lake access points per the Comprehensive Plan. 2. This is lake access point #39 with the listed purpose of providing walking access to the lake. These lake access points are classified under the Parks, Open Space and Trail Plan in the Comprehensive Management Plan. In addition, the City Council just adopted a Resolution in Support of the City of Orono Keeping its Open Spaces, Playgrounds, Parks and Trails in Perpetuity. 3. If the vacation is approved, the west end of the right-of-way has a city storm pond in it that would need protection. The options are that that right-of-way not be included in the vacation or the City could obtain an easement over the pond, associated pipes, and access way from the road to the pond. Page 2 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. Staff received two written comments in opposition to this request. Planning Staff recommends denial of this application because it does not meet the goals of the Comprehensive Plan and the decision would be final. The Planning Commission had no questions for Staff. Eric Vogstrom, Applicant, stated he purchased the property in 2004 and constructed a house on the lot. Vogstrom indicated he spoke with Mayor Walsh about this last fall and the Mayor had suggested that he look into vacating the right-of-way because he felt it made sense in this situation since the area is pretty heavily wooded. Vogstrom indicated the property is at an angle and that he has been experiencing problems with snowmobilers cutting across his property to get to the lake. Vogstrom stated he has three small children and a dog and that the snowmobilers could pose a danger to them. Thiesse asked if he would continue to use as it he currently is. Vogstrom indicated he would continue to use it to access his dock. Schwingler asked if the applicant has erected any signs in an attempt to keep the snowmobilers out of his property. Vogstrom indicated it is the neighbors who use it and that the sign does say no motorized vehicles. Vogstrom noted the people who submitted the letters live further down the road and that currently nobody uses it outside of the snowmobilers. Chair Thiesse opened the public hearing at 6:45 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Leskinen stated historically and in the City's Comprehensive Plan it is pretty clear the City does not vacate lake access points. Leskinen stated the use will not change, and if the snowmobilers are going now, they will likely continue to do so. Leskinen stated the argument could be made that if the snowmobilers are using it, it is a public access. Thiesse stated if motorized vehicles are not allowed in that area, the City should be monitoring that. Landgraver stated he does not see any compelling reason for vacating the right-of-way since these lake access points are a scarce commodity and are owned by the residents of Orono. Thiesse commented the vacation would preclude other people from using the access point. Lemke stated he does not see a hardship. Thiesse stated it also does not follow the Comprehensive Plan. Thiesse stated while it may or may not set a precedent, he is not interested in giving away City land. Page 3 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. Leskinen moved, Landgraver seconded, to recommend denial of Application No. 17-3983, Eric and Liz Vogstrom, 2618 Casco Point Road. VOTE: Ayes 5, Nays 3. #18-3992 REVOLUTION DESIGN BUILD ON BEHALF OF KEVIN AND PATTY KRETSCH, 3155 CASCO POINT ROAD, VARIANCE, 6:48 P.M. — 6:55 P.M. The applicant was not present. Oakden stated the applicant is requesting an average lakeshore setback variance for a new deck to encroach 11'6" into the setback. The applicant is currently constructing a new home on the property and are proposing a new deck for the home. The new deck will be shorter than the previous deck and slightly taller. The overall footprint of the new deck is less compared to the original deck. The existing deck encroached into the average lakeshore setback by roughly 17 feet. The taller height of the deck is what triggers the new encroachment. Because the new deck is not being built in the exact same location and is higher than the existing deck, the non -conforming protections do not apply. While the new deck will be slightly taller than the previous deck, it will have a smaller encroachment into the average lakeshore setback. The applicant has worked to mitigate the encroachment by proposing a deck that does not encroach as much compared to the previous deck. The deck will not interfere with the sightlines of the neighbors. Staff finds that there are demonstrable practical difficulties supporting the average lakeshore setback variance request. Oakden noted Staff received an email from an Orono resident who expressed concerns about the deck. Planning Staff recommends approval of the variance. Chair Thiesse opened the public hearing at 6:52 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Thiesse noted the two neighbors have submitted letters in support of the deck. Landgraver stated it is being moved further away from the lakeshore and that they are reducing hardcover in that area, he would be in favor of it. Leskinen agreed the applicant is reducing the encroachment going out and that the deck does not appear to be obstructing any views of the neighbors, which is the objective of the average lakeshore setback. Leskinen stated since it is not obstructing any views, she would be in favor of it. Lemke stated the glass railing is also less obtrusive than the current wood railing. Landgraver asked why this was not caught at the time the application was submitted for the retaining walls. Page 4 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. Oakden indicated this is a different builder who is now constructing the home. Oakden stated the house application was just received this month and the deck was noticed after the variance was granted for the work to the shore. Lemke moved, Leskinen seconded, to recommend approval of Application No. 18-3992, Revolution Design Build on behalf of Kevin and Patty Kretsch, 3155 Casco Point Road, granting of an average lakeshore setback variance for a new deck. VOTE: Ayes 5, Nays 0. 4. #18-3993 MICHAEL HAYES ON BEHALF OF WELDON AND MARCIA GILBERTSON, 684 TONKAWA ROAD, VARIANCE, 6:55 P.M. — 7:03 P.M. Michael Hayes, Applicant, was present. Oakden stated the applicant is requesting an average lakeshore setback variance. The applicant is proposing to build an addition to his two existing decks. One deck, located off of the master bedroom, currently encroaches in the average lakeshore setback by two feet. The addition would increase the encroachment to six feet. The other deck, located off of the living room, encroaches 26 feet. The living room deck is being proposed to have a 35 -foot encroachment into the average lakeshore setback. The proposed deck addition will add seven feet on the living room deck, creating a 96.9 -foot setback from the lake. The master bedroom deck will add 3.75 feet to the existing deck, creating roughly a 105 -foot setback from the lake. The deck will marginally interfere with the sightlines of the neighbors, meeting the intent and purpose for the average lakeshore setback. The view of the most impacted neighbor to the north is somewhat blocked by the corner of the house. They would be the only neighbor that can see the new deck. Staff finds that there are demonstrable practical difficulties supporting the average lakeshore setback variance request. Both neighbors have signed off on the project. Planning Staff recommends approval of the variance. Landgraver asked what the adjacent lakeshore setbacks will look like if this is approved. Thiesse noted the neighbor to the south is already in front of the deck and the other property is behind but higher than this property. Oakden illustrated the lakeshore setbacks on the two adjacent properties. Thiesse asked if there is a piece of the house that is protecting the property from the north. Oakden indicated that is correct. Landgraver commented the one neighbor would receive an advantage if the average lakeshore setback variance is granted in this case. Michael Hayes, Applicant, stated this is not a large deck and would only be 14 feet out from the house. Hayes noted there is some bad topographical coming down from the street to the lake and that the property drops like 60 feet between those two points. Due to that topography, people tend to build up Page 5 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. higher or lower to keep the driveways down. The house on the north side is fairly new, which is the side the new deck will be on. Hayes indicated he did speak with the neighbors about the project and that they will not really see the deck because of the little jut of the house. The deck is currently 10 to 12 years old and would be removed. Hayes indicated he would rather work off of good footings and good construction but that they will not be touching the stucco house. Hayes stated he will take the same plate and bring it out a little further. Chair Thiesse opened the public hearing at 7:02 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Thiesse stated this has the same criteria as the last application. Leskinen stated the only difference is that they are growing the encroachment and not reducing it but there is no visual impact to the neighbors, which is the reason for the average lakeshore setback. Leskinen moved, Schwingler seconded, to recommend approval of Application No. 18-3993, Michael Hayes on behalf of Weldon and Marcia Gilbertson, 684 Tonkawa Road, granting of a variance, based on Staff recommendations. VOTE: Ayes 5, Nays 0. 5. #18-3994 DAVID KNAEBLE, 3635 TOGO ROAD, PRELIMINARY PLAT, 7:03 P.M. — 7:15 P.M. David Knaeble, Applicant, was present. Curtis noted the Planning Commission reviewed this as a sketch plan last September. The applicant is requesting preliminary plat approval with PRD flexibility for a residential subdivision of the 2.44 acre property in order to create a total of three lots for single-family homes where one lot currently exists. The property is currently zoned LR -1C, one family lakeshore residential. A delineated wetland near the center of the property impacts the building area of the southern two lots. The lots will be served by City sewer and water. One property would be accessed off of Togo Road where the current home exists and the two additional lots are proposed to access off of Northern Avenue on the south. It is not known at this time whether the existing home will remain. The proposed lots range in size between 0.51 and 0.94 total acres. The lots will be served by City sewer and water. City Code requires that each sewered lot provide 0.5 acres minimum of contiguous dry buildable area. The proposed lots meet the acreage requirement of the Code but the acreage is not contiguous as required. The preliminary plat also reflects additional flexibility being requested for reduced front yard setbacks for Lots 2 and 3 off of Northern Avenue. The side and rear yard setbacks will be met and all lots provide the minimum 100 -foot lot width measured at the front setback. A 20 -foot right-of-way dedication is shown along both Togo Road and Northern Avenue. Currently Northern Avenue exists as a 20 -foot paved width public road half on the railroad right-of-way and half on Page 6 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. the adjoining properties. Dedication of a 50 -foot right-of-way would make the southern two lots unbuildable. The Northern Oaks addition to the west along Northern Avenue was required to dedicate additional right-of-way to get to 30 feet. The developer in this case has shown a 15 -foot right-of-way dedication beyond the existing Northern Avenue consistent with the Staff recommendation made during the sketch plan review. The entire property is located within Hardcover Tier 3, which allows for 35 percent impervious surface. Hardcover calculations should be provided by the developer to confirm that each lot can be developed well within the hardcover limitation of 35 percent. Each of the lots are subject to a 20 percent structural coverage limitation. The City's consulting engineer has provided comments regarding this proposed plat with regard to stormwater management and drainage concerns. Some of those proposals require additional action or plan revisions by the developer. The developer should contact the Minnehaha Creek Watershed District and provide confirmation regarding the permits or approvals they will require for this subdivision. The developer is requesting flexibility to accomplish their development goals. The flexibility is able to be accomplished via the creation of a Planned Residential District overlay. The mechanism for establishing a PRD is the conditional use permit process which establishes an overlay district accommodating the desired flexibility. The PRD process could provide the framework for development of the lots which meet the half acre standard albeit with noncontiguous acreage and the requested reduced front setbacks with conditions. The Planning Commission should discuss the merits of platting as a PRD based on the requests for front yard setback reductions and noncontiguous lot area minimums for Lots 2 and 3 as well as the proposed right-of-way width to be dedicated on Northern Avenue. Staff recommends approval in accordance with the recommendations of the City Engineer as well as the requirements of the MCWD. The Planning Commission had no questions for Staff. David Knaeble, Applicant, stated they are proposing to subdivide this property into three residential lots and that he has been working with the current property owner, Mary Schommer, who is aware of the project and had brought it forward initially as a sketch plan review. Knaeble noted Staff has already touched on a few items that they are requesting on this subdivision. One is flexibility to the dry contiguous requirement and then the other is with respect to the front setback, which is required in order to create the three lots that are being requested. Approximately 30 years ago the City installed a new sanitary sewer line on the east side of the property and Ms. Schommer provided an easement to the City. As part of that process, two stubs were provided to the properties on the south side with the assumption the properties could be built on at some point in the future. Knaeble indicated he did hold a neighborhood meeting and that two people showed up aside from Mary Schommer and Ralph Kempf. In addition, a mailing was sent out to approximately 50 residents in the area. In discussions with them, they appeared to be in favor of what is being proposed. The neighbor on Page 7 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. the west side was in support of having the flexibility to do the 20 -foot front setback to keep the properties and the homes in line with each other. The neighbor on the east had a question about some existing trees. It was determined the trees are on his property and will not be impacted. One other neighbor showed support but was unable to be at the meeting tonight. That neighbor indicated she would send an email expressing her support. Knaeble requested that they be allowed some flexibility on the project and that the Planning Commission recommend approval on their application. Chair Thiesse opened the public hearing at 7:12 p.m. There were no public comments regarding this application. Chair Thiesse continued the public hearing to February 12. Thiesse stated his biggest concern that he would like addressed prior to the City Council meeting is tree preservation. Both the City's stormwater plan and Comprehensive Plan talk about tree preservation, but the proposed grading plan shows that none of the trees on the south end will be preserved. Leskinen stated the noncontiguous has its challenges but the Planning Commission has discussed that in the past. Leskinen asked if there will be a homeowners' association. Curtis indicated the City would require an easement over the rain gardens. Curtis stated she does not believe a homeowners' association is necessary since there will not be a private road to be plowed and only three lots are being developed. Schwingler moved, Landgraver seconded, to recommend approval of Application No. 18-3994, David Knaeble, 3635 Togo Road, preliminary plat approval per the recommendations of Staff and the City Engineer, with the developer providing an update to Staff on tree preservation before proceeding to the City Council. VOTE: Ayes 5, Nays 0. 6. #18-3997 REHKAMP LARSON ON BEHALF OF GEORGE HALVORSON, 1300 BRACKETTS POINT ROAD, VARIANCES, 7:15 P.M. — 7:24 P.M. Rehkamp Larson, Applicant, was present. Curtis stated the applicant is requesting a lake setback variance in order to change a flat roof to a gable roof within the 75 -foot setback and an average Lakeshore setback variance in order to make cosmetic improvements and structural changes to the home situated entirely lakeward of the average lakeshore setback line. There will be no expansion of the footprint. The existing home on the subject property is situated 54.4 feet from the ordinary high-water level of Lake Minnetonka and entirely lakeward of the average lakeshore setback line on the east side of Bracketts Point. The applicant's proposal involves replacing the existing flat roof of the one-story conservatory with a pitched roof, thus increasing the volume of the encroachment within the lake setback. The roof of the main portion of the home will be modified to add gables on the north and south ends to replace the existing hipped roof. The roof will not increase in overall height or peak height. However, the mass of the new gable within the 75 -foot lake setback will be greater than existing. Page 8 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. The home is located entirely lakeward of the average lakeshore setback line based on the homes immediately to the north and to the south. Those homes do not appear to have existing views of the lake over the subject property. Instead, each of the homes are situated primarily with views of the lake away from the subject property. The proposed improvements are not likely to adversely impact the existing views of the lake from the adjacent homes. In addition, the roof will not increase in overall height or peak height. However, the mass of the new gables within the average lakeshore setback will be greater than existing. Staff has provided an analysis of the practical difficulties in the report and can comment on those if the Planning Commission desires. The subject home was constructed in the 1950s and predates the contemporary lake and sightline protection rules. The owners intend to keep the existing home and also wish to make improvements to better suit their family's needs and to modernize the structure. Staff finds practical difficulties exist which support granting the requested variances. Planning Staff recommends approval. Public comments have been received and have been included in the Planning Commission packet. Landgraver asked whether Staff has any elevation drawings. Curtis displayed a sketch of the existing home from the street and the lake. Curtis stated while there is an increase in the overall mass, it is fairly minimal. Jean Rehkamp Larson stated the property owners purchased the home with the intention of making improvements. The proposed changes are aesthetic and also help make the house more functional. The house is significantly toward the lake and any improvements would require a variance. Larson stated the improvements will greatly improve the value of the home and not impact the neighbors. Chair Thiesse opened the public hearing at 7:22 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Schwingler commented the application is pretty straight forward and significantly improves the aesthetics of the home. Lemke stated the proposed improvements make sense. Landgraver stated normally he would be concerned with the massing effect near the lake but the plan appears to be a very thoughtful expansion and that he would be in favor of it. Leskinen indicated she is in agreement with Commissioner Landgraver and that the applicants are limited in what they can do. Lemke moved, Landgraver seconded, to recommend approval of Application No. 18-3997, Jean Rehkamp Larson on behalf of George Halvorson, 1300 Bracketts Point Road, granting of variances based on Staffs recommendation. VOTE: Ayes 5, Nays 0. Page 9 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. 7. #18-4000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA, 1335 ARBOR STREET, VARIANCES, 7:24 P.M. — 7:55 P.M. Jeff Martineau, Applicant, was present. Oakden stated the applicant is requesting multiple variances for lot area, lot width, front setback, side street setback, interior side setback and structural coverage to exceed 2,000 square feet. The applicant is looking to construct a new home on the property that will be more centered on the lot. The property is a corner and through lot with streets on three of the four sides. The applicant proposes to build a full basement rambler style home with a two -stall garage and a deck. The property is located in the RR -1B 2 -acre zoning district, with 0.20 acres in a zone requiring two acres. The applicant is requesting a 40 -foot front yard setback where 50 feet is required and a 7.5 interior side yard setback where 10 feet is required. In addition, the applicants are requesting an 8.5 side street setback where 30 feet is required. City Code allows lots of less than 10,000 square feet in area to have a total footprint of 2,000 square feet. The applicants are requesting a structural coverage variance to allow 348 additional square feet of coverage over what is permitted per City Code. The single-family home is consistent with the neighborhood. The applicants should submit a proposed grading plan for review with the building permit. Depending on the roofline, roof overhang or small areas for drainage, water may be able to be mitigated with a gutter system. Staff finds there are practical difficulties inherent to the lot area, lot width, proposed setbacks and structural coverage. Due to the size of the lot located within the 2 -acre RR -1B zoning district. The lot is also unique in that it has street abutting three sides of the lot. The Planning Commission should discuss and ask the applicant about the visual impacts of allowing an 8.5' side street setback, placement of window wells for the basement bedrooms if they can create adequate drainage within the side setback space for the lot. To date, no public comments have been received. Staff would recommend approval of the requested variances. The Planning Commission had no questions for Staff. Jeff Martineau, Applicant, stated he represents both the seller and potential purchaser of the property and that he has submitted a rendering of the exterior, but that he has a photograph of an identical house that was built in another development. Martineau indicated they considered a number of different options for the home. This potential purchaser would like to live in this neighborhood. Martineau stated they initially looked at a house that would front on Prospect but the house would need to be two stories, with the back of the house facing the neighbor to the south. In order to reduce the impact on the neighbors, a one-story house has been proposed facing Arbor and fits the character of the neighborhood. The home will be constructed without any major grading. The main floor of the house consists of approximately 1500 square feet. Page 10 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. Martineau indicated they will need to redesign the window wells to be on the back, which is fairly easy to do according to the builder. Landscaping is planned for along Prospect and no trees will be removed as part of this project. Martineau displayed a picture of the existing house and indicated the stake depicts the front corner of the new house. Additional stakes were placed to illustrate where the new house will be and a line was spray painted connecting the stakes so the neighbors can see where the new house will be located. It is a one-story house and should fit into the neighborhood really well. Thiesse asked if there is any living area in the upper portion of the house Martineau indicated there is not and that it is all aesthetics. Landgraver asked if he has looked at the drainage between the two homes at all. Martineau indicated there might be a need for drain tile or some type of swale along the property line and that he is willing to work with staff on that. Lemke asked if the proposed house is a mirror image of the photograph. Martineau stated the garage will be located on the other side of the house but otherwise it would be identical. Chair Thiesse opened the public hearing at 7:37 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Lemke commented the drainage is a concern between the homes. Thiesse asked if there are any concerns with the street setbacks. Thiesse stated it is a quiet neighborhood and the setbacks do not bother him. Landgraver stated if this was a busy street, the setbacks would be an issue. Leskinen indicated she does not have any concerns given the quietness of the street. Thiesse stated the structural coverage is an issue and that in his view this lot might not be able to accommodate this type of house. Leskinen stated the question is what is the practical difficulty for going over 2,000 square feet. Thiesse stated the rationale for the overage was so it could be kept as a one-story story. Thiesse noted this is a clean sheet design and that the applicant could get rid of 348 square feet but someone could argue that it is hardly worth redesigning. Page 11 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. Landgraver stated the City recently increased the structural coverage to 20 percent and the main reason why the City has those constraints is to keep things in scale. Landgraver indicated he is hesitant to approve that much of an increase over the allowable structural coverage and that he has not been persuaded to approve that. Thiesse noted the Planning Commission recommended the increase in the structural coverage be denied. Thiesse asked whether the applicant would be able to reduce the structural coverage. Martineau stated this is a very unusual lot given the street on three sides and that the proposed house is 36 feet wide, including the garage. Martineau stated he is not sure if that includes the deck. Oakden indicated it would be the house and the covered stoop. Martineau stated it would be very difficult to reduce it without reducing the size of the rooms to the point where it does not make sense. Martineau stated he understands citizens have to be good stewards of the property and that it is his belief it is in the best interest of the neighborhood not to make this a two-story house, especially given the street on three sides of the house. Thiesse stated he is looking at the floor plan and he sees a sunroom and a study. Thiesse commented those are wonderful to have but that the applicant might have to decrease the size. Martineau noted the plan was originally at 38 feet wide and they reduced it to 36 feet wide. Lemke asked whether a two-story would be preferable. Thiesse indicated it would not be preferable but it would be allowed. Leskinen stated having the road on three sides makes the lot more challenging and noted the new home would be more centered on the lot. Leskinen questioned whether having a two-story house or having a one-story that is 348 square feet over the allowed structural coverage is really the lesser of two evils. Thiesse noted the home on one side is two stories and the other homes in the neighborhood are a story and a half. Landgraver stated the City thoroughly vetted the new structural coverage ratios and that he is not inclined to approve the increase in structural coverage. Landgraver stated he is willing to approve a two-story home since that is an efficient use of land. Landgraver stated if everything else were single story, he might make an exception, but that he has a feeling that some of the other neighbors in the future may want a two-story. Oakden stated because the proposed house encroaches the setback, if those setbacks continue to be proposed with a two-story home, they would require a variance since the second story would be a new encroachment in height in the setback areas. Landgraver moved, Schwingler seconded, to recommend denial of Application No. 18-4000, Jeff Martineau on behalf of Barbara Garcia, 1335 Arbor Street, based on the structural coverage exceeding the 2,000 square feet. VOTE: Ayes 5, Nays 0. Page 12 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. S. 18-4002 JOHN PATCH, 2745 KELLEY PARKWAY, CONCEPT, 7:55 P.M. — 8:40 P.M. Barnhart stated the applicant is requesting comments on a sketch plan for a proposed amendment to the Community Management Plan and Zoning Map to develop the 2.55 acre parcel into an apartment building. The applicant is proposing to construct a 56 -unit apartment building. The units include 1, 1+, and 2 -bedroom units in 2.5 floors. Parking will be provided via a surface lot and an underground garage. Staff is comfortable with the proposed parking. A portion of the surface lot will also serve the adjacent medical office building to the west. Access to the site will be via Kelley Parkway in one of two driveways, one of which is shared with the medical office building. The building is U-shaped and 2.5 stories tall, fronting on Kelley Parkway. The defined height of the building is proposed to be 30 feet. The property is located within the MUSA district. The net development density based on 56 units would be 21.9 units per acre. The highest density anticipated by the Comprehensive Plan is high density residential at 10 to 15 units per acre. In order to meet work force housing goals in the Comprehensive Plan and the desire to move density away from areas where it is currently guided; i.e., the Navarre area, reguiding the property may benefit the City in the long-term. To support the development as proposed, Staff anticipates rezoning to an RPUD. The RPUD district standards indicate an RPUD site must be at least five acres in area but does allow for smaller sites under specific conditions. Those conditions are outlined in Staff s report. It should be noted that the Council has recently approved and supported three smaller RPUD developments so that rezoning the Kelley Parkway parcel to RPUD would not be inconsistent. The site is adjacent to the Stonebay Development and Staff anticipates the need to incorporate this project in some form to the aesthetics of Stonebay to meet the RPUD size requirements. A trail along the south property line is anticipated as part of the Stonebay project. Preliminary Hennepin County plans for the upgrade of Wayzata Boulevard include a trail along the north side of Wayzata Boulevard from Willow Drive to Old Crystal bay Road. Final determinations have not been made as to whether or exactly where that trail will be located. The site is currently open and is very flat. There are no wetlands mapped on the property. No stormwater ponding is proposed for the site. In reviewing the adjacent medical office, it appears that stormwater detention is provided via the large stormwater pond east of this site but this will need to be verified. The property is not within the Stormwater Overlay District, but if developed as an RPUD, it would be subject to a maximum hardcover per lot of 50 percent. Municipal sewer and water utilities are available in Kelley Parkway to serve the property. The proposed conceptual site plan includes a 2-1/2 story building with a defined height of 30 feet, which is significantly lower than the Stonebay Lofts across the street. It is assumed that some filling will be necessary to raise the overall elevation of the site in order to accommodate the underground parking and to avoid potential water table issues. That fill will determine the final height of the building and will need to be determined. The building setbacks meet the minimum RPUD standards but the shared parking lot to the west does not meet the minimum 20 -foot setback. Access is proposed to include two accesses onto Kelley Parkway, with no access to Wayzata Boulevard. The proposed Kelley access point does not appear to be directly across from the curb cut on the north side Page 13 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. of Kelley Parkway, and Staff would recommend that those two curb cuts be aligned. Internal circulation is proposed to be provided by a paved driveway along the west side of the building for parking and a loop driveway in front of the building. The Fire Marshal will need to verify fire access is maintained as required by Fire Code. Parking as depicted includes 54 surface stalls and 77 underground stalls. This will need to be verified but the number of spaces appears to exceed the number of required spaces. The Planning Commission should discuss whether there is justification for the necessary CMP amendment and rezoning to allow the guiding of this property to be converted from commercial office to residential. Further, the Planning Commission should discuss whether they are comfortable with the proposed density of the development and whether this development should be required to meet the RPUD standard 10 percent private recreation space. Staff recommends that a 10 -foot trail easement be retained along the south boundary of the property. The Planning Commission should also discuss whether buffering from Wayzata Boulevard should be provided. Barnhart stated the goal of the review is to provide the developer with an overview of the pertinent City ordinances and how they affect the proposed plat as well as to discuss the strengths and weaknesses of the proposal. As a sketch plan review, any comments or suggestions to the applicants are nonbinding but would help assist the developer in moving forward. Thiesse asked whether the corner lot has enough parking. Barnhart indicated he does not know the answer to that question but that his belief is that it does. For this building 112 spaces are required, assuming 56 units. The applicant is showing a total of 131 parking stalls between the surface and underground stalls, which would be more than enough even if the shared parking was eliminated from the calculation. Barnhart stated in lieu of the 10 percent private recreation area, the applicant could pay a park dedication fee. Lemke asked if the City ever receives any recommendations or pushback from the Metropolitan Council on affordable housing. Barnhart stated the Metropolitan Council has published recommendations for the City to meet affordable housing goals and that they encourage the City to look for opportunities for affordable housing. The Metropolitan Council cannot require the City to actually provide the financial assistance necessary to make it affordable. Neil Weber, Architect, stated he would like to highlight a few things. As it relates to the parking, the shared parking already exists and will not be built by them. Weber stated in their view the medical building will not need that parking late in the afternoon and on the weekends. Weber stated they are showing 1.5 parking stalls inside the building. Weber stated when this building is compared to the condominium project, the condominium units are averaging 1,800 square feet per unit and these units are a little more than half the size. In addition, the Page 14 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. building is heavy on one -bedroom apartments and the condominium building has all two bedrooms. Weber stated he realizes density is measured by units per acre, but that they have smaller units and smaller bedrooms, which generates less traffic and fewer residents. Weber stated the apartment units are designed to be affordable and will help meet a demand for people who might sell their homes and want to remain in the area. Weber stated in his view there is a big need for quality rental apartments. Weber stated he acknowledges the issue of the trails and that they will cooperate on that as well as lining up the access. Weber stated they wanted to do the sketch plan first to discuss the density and the Comprehensive Plan amendment. As it relates to the height, this building will be visibly lower than the condominium building. Weber noted they have not taken soil borings on the site yet but that they anticipate a high-water table. Weber indicated they might be able to lower the garage by a couple of feet depending on the soil borings. Thiesse asked if there will be one large mechanical unit. Weber indicated they will be individual. Thiesse asked if there is any place for the kids to play. Weber stated they do not anticipate a lot of kids as part of this project and that they see the trail and trail connections as a more advantageous amenity. Weber noted with the school being close by, there are a number of play areas available and that they would prefer the trail connections. Thiesse asked whether there is a use that the Planning Commission feels is more appropriate for this site. Thiesse stated in his view an apartment building on this site is a good use. Lemke asked if the City would be limiting itself by removing this amount of business potential. Barnhart stated the City does not have a lot of area for office growth but there is also not a strong market in the City for office use. Barnhart stated they would be limiting themselves but that the risk is pretty low. Leskinen noted there is also space on the other side down the road which is more conducive to business. Leskinen stated in her view this is a good spot for an apartment building and that the City needs a place where there is higher density. Leskinen noted business use for this property has not happened. Landgraver stated this is also not a transitional site and will not result in high density next to low density. Leskinen pointed out if the majority of the units are one bedrooms, there will likely not be a lot of kids. Schwingler commented the connection to the trail is important. Thiesse stated in his view this site is a good spot for the higher density. It was the consensus of the Planning Commission that the proposed use is appropriate for the site. Page 15 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. It was the consensus of the Planning Commission not to require the 10 percent private recreation space and that a park dedication fee would be appropriate. Thiesse noted Staff recommends a 10 -foot trail easement along the south boundary. Thiesse indicated he would be in favor of that. Thiesse asked whether the easement would be given back in the event the trail is constructed on the other side of the road. Barnhart indicated this is similar to the Orono Senior Housing project and that the easement would provide some options. Weber noted the 10 -foot easement will not affect them in a negative way and that it is typical to a utility easement. Landgraver asked if the pond has been expanded. Barnhart indicated Hennepin County is working with the property owner of the senior housing project to expand that pond and that Staff will have to do the calculations. Barnhart stated it appears the pond was designed to accept development of this site as a business use. Weber stated the commercial site had 26 open space and that this site has less hardcover than what was previously approved. Weber stated as part of their application one of the requirements is that the pond does accommodate the stormwater and that they will be looking at that. Thiesse stated if the City were to request additional monies from the developer for recreation, it could go towards the trail. Thiesse noted landscaping will be required and that a plan will need to be submitted at some point. Landgraver commented this would be a nice compliment to Orono's housing stock. The Planning Commission took no formal action on this item. 9. UPDATE ON CITY COUNCIL MEETINGS HELD ON NOVEMBER 27, 2017, AND DECEMBER 11, 2017 Barnhart reported on the following City Council actions: • Approved a number of variances for 3325 Crystal Bay Road on Consent • Approved a conditional use permit for Travis DeYeung for a permanent dock • The Wishmeyers' after -the -fact variance on Big Island was approved • Approved the CUPs for the Lakewest development on Ivy Place. The applicant needs to submit final plat. • Reviewed a temporary site plan for River Valley Sports. The City Council ultimately approved the request for 10 days anytime between January and March. The City Council was uncomfortable with temporary being three months. • The William and Sue Dunkley application changed dramatically but was ultimately approved. The Dunkleys decided to combine the two lots rather than create three separate lots and the variances granted were for the home improvements. Page 16 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 16, 2018 6:30 o'clock p.m. 10. PLANNING COMMISION LIAISON FOR FEBRUARY 12, 2018, COUNCIL MEETING Thiesse noted he is the Planning Commission liaison for February 12. 11. OTHER ISSUES FOR DISCUSSION Barnhart noted the terms of three commissioners will be up in April. The City is currently recruiting applicants and has received four applications so far. Barnhart stated he expects there to be some sort of review process by the City Council in March. ADJOURNMENT Leskinen moved, Schwingler seconded, to adjourn the Orono Planning Commission meeting at 8:30 p.m. VOTE: Ayes 5, Nays 0. ATTEST: John Thiesse, Chair Page 17 of 17 Date Application Received: December 14, 2017 Date Application Considered as Complete: December 14, 2017 120 -Day Review Period Expires April 13, 2018 (Pre Plat) To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: February 20, 2018 Item 2 Subject: #18-3998, James and Mary Jundt, 1400 Brackets Point Road, Preliminary Plat Street Vacation Public Hearing Application Summary: The applicant is requesting preliminary plat and street vacation approval to subdivide the existing lot at 1400 Bracketts Point Road into 5 separate lots and relocate a portion of public Bracketts Point Road to the middle of the peninsula. Staff Recommendation: Planning Department Staff supports the project, subject to a number of conditions. Staffs recommended motions are: 1. Motion to approve the preliminary plat subject to the following conditions All comments in the City Engineer letter dated January 9, 2018 shall be addressed Provision of easements as required by the city engineer 1. Approval of the final plat within 1 year of the date of Council approval. 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. Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 4. Upon any evidence of presettlement history, the developer will contact the city and the State Historical Preservation Office prior to proceeding. 5. 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. 6. Successful vacation of the portion Bracketts Point Right of Way illustrated in Exhibit I. 2. Motion to approve the vacation of the portion of Bracketts Point Right of Way illustrated in Exhibit I. FILE #18-3998 February 20, 2018 Page 2 of 6 Background/ Proposal The property is 13.78 acres and lies in the middle of Brackets Point. Bracketts Point Road enters the property at the north end then cuts to the west side, running along the lakeshore. Bracketts Point Road is a public road for the northern 2/3rds of its length, and private for the southern 1/3. Public Bracketts Point Road terminates at a hammer head turnaround at the southern end of the subject property. Within Bracketts Point Road is a sanitary sewer that serves the area. The subject property is zoned LR -1A One Family Residential, requiring 2 acres of dry buildable land per lot. All lakeshore lots require 200 feet of frontage at the lake and at the 75 foot lake yard setback. The applicants proposed plat is illustrated in a number of drawings, including the preliminary plat (Exhibit C), Utility Plans, (Exhibit E), Landscaping, (Exhibit F), and Grading, (Exhibit G). The survey of the property and tree inventory is provided as Exhibit H. A narrative describing the project has been provided as Exhibit D. This project received comments via the sketch Plan process (case number 17-3977) in November. The minutes from the Planning Commission (10/16/2017) and City Council (11/13/2017) meetings are attached as Exhibit P. LOT ANALYSIS WORKSHEET Lot Area (acres) Width at lake (feet) Lot 1, B1 2.41 335 Lot 2, B1 2.1 349 Lot 3, B1 2.35 363 Lot 1, B2 (Existing House) 3.36 415 Lot 2, B2 2.06 202 All lots meet the minimum lot area and width requirements. Section 78-1403- Structural Coverage: Only the structure within the development ( Lot 1, Block 2) is proposed to remain. The resulting structural and hard cover calculations are summarized below: Total Lot Area Total Structural Coverage 146,360 s.f. (3.35 acre) Allowed: 29,272 s.f. (20%) Proposed: 10,214 s.f. (6.9%) Stormwater Allowed Existing Proposed Overlay Hardcover Hardcover Hardcover FILE #18-3998 February 20, 2018 Page 3 of 6 District Tier Tier 1 25% 31,776 (21%) 31,776 (21%) Hardcover sheets have been provided as Exhibit J. The structural and hard cover limitations are met with the proposed subdivision. Septic System Status All five lots will be served by municipal sanitary sewer. The sanitary sewer line will be relocated to the middle of the peninsula, with the relocation of the road. The existing main will be abandoned. Vacation and Relocation of the road. The significant feature of this development proposal is the relocation of the Bracketts Point Road to the center of peninsula. To vacate a public right of way, the City Council must first determine that the existing right of way serves no public interest. In this case, Staff supports the vacation because the right of way will be relocated as illustrated in Exhibit I, preserving the public interest while removing hardcover from the lake. The relocation will trigger the need to relocate utilities, including the sanitary sewer trunk line. The relocation of the trunk line will require the need for a second lift station serving the area. For the city, this lift station is preferable to a deep trunk line and potential conflicts with water table and soil stability. The proposed relocation also allows for a more efficient connection with the private portion of Bracketts Point Road, serving the three existing lots on the south side of the peninsula. Access to all lots will be maintained, as will utility connections. The Planning Commission and Council should discuss whether a public wayside is necessary to be retained. The Comprehensive Plan does not identify this existing wayside as a lake access. The DNR did provide comment, attached as Exhibit S. They are not opposed to the vacation. Analysis Comprehensive Plan. The proposed use of the property is consistent with the comprehensive plan, in terms of use and density. The net density is 2.54 units per acre. Zoning Ordinance. The applicant approached this project with the goal of avoiding variances. The lots meet the minimum width and area requirements. Each lot allows sufficient area for development of an in character home without the need for setback IFA1NFIRK.&M Average Lake Shore Setback. When developing new lakeshore lots, it is often beneficial FILE #18-3998 February 20, 2018 Page 4 of 6 to establish an average lake shore setback (ALS) for all lots as part of the formal plan approval. The ALS for Lot 2, Block 2 will be governed by the improvements on 1400 Bracketts Point Road within the subdivision and 1300 Bracketts Point Road outside the development. It is recommended that ALS for this lot be governed by standard rules. The lot at 1265 Bracketts Point Road establishes the ALS for Lot 1, Block 1, by virtue of being approximately 84 feet from the lake shore. It is recommended that lots 1-3, Block 1 maintain a minimum ALS of 84 feet regardless of when a neighboring property is built. Stormwater management. Stormwater management is an important feature of development adjacent to Lake Minnetonka. The proposal includes curb and gutter only along a portion of new Brackets Point. One catch basin and a depression will collect stormwater and route it under the road to go overland to new stormwater ponds, one in the north end of Lot 1, Block 1, and the second on the south end of Lot 3, Block 1. The city engineer has provided comments, Exhibit M, to ensure that the storm water management plan addresses watershed district requirements. An easement will be necessary over the ponds to allow for future maintenance. Conservation design. A Conservation Plan has been completed by Kjolhaug Environmental Services Company, Inc. on December 13, 2017, attached as Exhibit K. Tree removal/ replacement. The conservation plan notes the need to remove dead, damaged, or diseased trees from the site during site development. 77 trees greater that 6 inches at breast height will be removed during construction of the road and utilities. These trees are illustrated in Exhibit L. One tree within 75 feet of the lake is proposed to be removed. The developer proposes planting 61 trees to mitigate the tree removal; this planting is proposed to occur approximately 40 feet on center along the new Brackets Point Road. Staff recommends the landscape plan be adjusted to accommodate more natural clusters of trees along the right of way to better promote a natural feel for the vegetation. The abandonment of the sanitary sewer line may result in tree removal as a result of disturbing the root system. A tree removal plan should be provided prior to this item going to City Council for review. Wetlands. The property was inspected for wetlands on September 27, 2017. No wetlands were observed, and the Watershed District confirmed this on December 12, 2017. The wetland NOD is attached as Exhibit Q. The Army Corps concurring determination is attached as Exhibit R. Fees. When subdividing, a number of fees are applied. The following fees would be due at the time of Final Plat approval: Park dedication. The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. The Comprehensive Plan does not suggest the need for a public park in this peninsula. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee for 4 new building lots would be appropriate; the current fee is FILE #18-3998 February 20, 2018 Page 5 of 6 based on the pre undeveloped value of the property, capped at $5,550 per lot. The park dedication fee would be $22,200 ($5,550 x 4 lots). Stormwater and Drainage Improvements & Fees. The property will be subject to the Stormwater and Drainage Trunk Fee. The stormwater trunk fee is based on the minimum acres per lot and the number of new lots. The fee for this subdivision is $32,240 (Minimum acre per lot (2) times number of new lots (4) times per acre amount ($4,030). Utility Locations/Availability/Assessments/Connection Fees. The costs to relocate the sanitary sewer and install the liftstation will be the developer's responsibility. It appears that Sewer and Water connection charges have already been paid, though each unit will pay individual SAC charges at the time of building permit. Improvements at Shoreline Drive Intersection. During the sketch Plan review, it was noted that the additional lots may trigger improvements at the intersection of Bracketts Point and Shoreline. The developer was asked to seek County Comment. The County has reviewed the subdivision and does not recommend any changes to the Shoreline/ Brackets Point intersection. Their comments are provided is Exhibit N. Prehistory. During the sketch plan, it was noted that there has been some evidence of Native American in the general region. While investigation done to this point does not suggest any actual activity within the development, it is suggested that a condition be added that should physical evidence be found, the developer will contact the State Historic Preservation Office. Engineer Comments The city engineer has reviewed the proposal and has offered comments attached as Exhibit M. These comments will need to be addressed as part of the final plan and are added here as a conditional of approval. Public Comments To date, no public comments have been received. Staff and the Planning Commission encouraged the applicant to reach out to neighboring properties prior to submittal. The applicant's narrative discusses the ability to connect with 6 of the 8 properties surrounding the proposed plat. Since the narrative was written, the applicant has stated that all adjacent property owners or their representatives have been informed. Issues for Consideration 1. Does the Planning Commission have concerns that could be mitigated by additional conditions? 2. Are there any other issues or concerns with this application? FILE #18-3998 February 20, 2018 Page 6 of 6 List of Exhibits Exhibit A. Application Exhibit B. Location map Exhibit C. Proposed Plat Exhibit D. Narrative Exhibit E. Utility Plans Exhibit F. Landscaping Plan Exhibit G. Grading Plan Exhibit H. Survey and Tree Inventory Exhibit 1. Vacation illustration Exhibit J. Submitted Hardcover Calculations Exhibit K. Conservation Design Plan Exhibit L. Tree Removal Plan Exhibit M. City Engineer Memo Exhibit N. Comments from Hennepin County Exhibit O. Property Owners List/ Notification Map Exhibit P. City Council/ Planning Commission meeting Minutes Exhibit Q. Wetland Notice of Decision Exhibit R. Army Corps letter Exhibit S. DNR Letter RE vacation PC Exhibit A 18-3998 City of Orono ✓ Subdivision Application Street Address: 2750 Kelley Parkway Application # io tate Received: Orono, MN 55356 j` Staff Main: 952-249-4600 fax: 952-249-4616 Application Fee: / G, *\skFsycvE -- Mailing Address: P.O. Box 66 C stal Bay. MN 55323-0066 Escrow: Notes. PROPERTY INFORM AT10N• Site Address: 1 yd Property Identification Number (PIN): I; - I t 7 -- i - - p 0.2 ;a Date Property Acquired (month/year): 0 Abstract 13 Torrens (Please check one) Present use of property gResidential; number of Units 0 Other (specify) _ _ Zoning District: Lk -% A APPLICANT INFORMATION: Applicant: Phone (Primary): Mailing Address: Email: 13 check here if Applicant address should be uSwi fnr hillinn PROPERTY OWNER INFORMATION . check here if Property Owner is same as applicant Name:. O check here if Property Owner address should be used for billing Phone (Primary): Mailing Address: city: ZIP: Email: EXISTING LAND USE: Number of Tax Parcels: Development Size: —1 3. 7 Acres Dry Land 2-'« Acres Wet Land !_ 2,2-F— Acres TOTAL, all parcels PROPOSED LAND USE: 0 Division for Tax Purposes ,Subdivision for New Building Sites Number of Building Sites: Existing Units: z New Units: Li Total Units: Ic - Proposed Gross Density Units per ms>_L� acres Minimum Lot Size: -7. � dry buildable land Proposed Use (check)© Residential ❑ Other (specify) RECEIVED DEC '13 ,� u t S"b0v"-qianAppt'c� -Jwwa y2077 1 CITY OF ORONO page 5 . 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. G 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. `,Applicant Signature: Date: ✓Applicant Signature: Dater ? �� Properly Owner Signature: G� ��1?1� Date: JProperty Owner Signature* Date: t z� RECEIVED DEC 13 2017 SuWM,VonAPPWAbn—.ranuwyzor7 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 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 I'icense. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit First Middle Last Address �( C' ff-5 city I State I understand my rights as stated above. ;5- Zip Phone ° a-�27- ?c 'i RECEIVED DEC i 3 2017 Subdivision AppWatfon — January 2017 pa' 13 CITY OF ORONO City of Orono Vacation Application SbeatAdftw VW Way Parinray Ornrw, MN Mak M- 4900 SU16 P.O. Boot 66 Crystal Bay, MN 55323-0086 1 d We request an Easement or Right of Way onkor adjacent to the following property be r►a dmk- PROPERTY WFORMATIOW p Skeo Address: -.2.SSS RA&iLSME N4= pm� Submittal Re"hvmenb PROPERTY OWNER INFORMATION: (Compile lega! names and mar0al status required for each hftsded perty) _ Nance: Q d ar t 6101 6 9 Phone (p = X11- 7—SG�9 oW»� MaNngAd 1-2.rr' C#y, State & 71P -' 13�s•� PWIRrYOWNW ' Aev�! v�✓�r v C� 1'/ab 6rt e s nt�� s.`1 k d c + w y�ku2m=d in cmdemE4toS b' • COMM 00 the inion euppGod In true and oared to the toast of htellror knowtadpe. Tho s and owner rete that bft awfim 90 I Nil u to do so, tm staff has no � mjed Hurd compiete mun amm! dw ro tordentei otihe n:� d reMp� d ite pot o In mwiL • The Pmpedy Owner hweby ackrawiedges and sprees to this uppi1cabca and bather authodaee reasonable entry ono the properly by C y SW oonsubr* a0uft, Camnbdon and Cound Membees for purposes of tmreudgetian and w ffico* n n lids ngwet. • o Is ed unable to atlan" a adradtdodd wad n8. piesse mr>gerrmnis to h e ardhodz d rams a atl In place of the appicindlownsr and advice the CNy Pismar andoned to yaw projad. pmpwty Omw SigrmhNa: �Pmperty Owner So4we Vacalirnn AppM Ww - ry 2017 DATA PRNACY ADVISORY In accordance with M>Tnnesoal State Stshft 13.04 Rghts of Subjects of Date. Surd. 2, 'Tenn ae m wamW, we world tike to knform you that yoour request fora permit or license hon the City of Orono or any of its departments may require you to furnish certain private or confidential kibmation. You are notified Mal: 1. The kdDnradion you furnish vO be used to determine your qualification for the permit or BOW" requested. 2 You may refuse to supply date. but refusal may require flint Me City deny Use pemd or Brans. 3. The inkanation maybe al -wed with oMer local state or federal agencies to the sa dW necessary to process the permd or Hoene. 4. If Your requested penmd or Doane niquires CoundF action to approve, some inknnstion may became pubilm S. You have cartain rights under Minnesota State Statute 13.04 (see fbkm* g page) to review private date as yourself. B. Your AA name Is required to pnxxes this application or permit. ./ * 0,5 v FM I tiMddte 11"d J sum I understand my rids as stated above. Payr 13 (1V41e.— City of Orono Vacation Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # _ Date ❑ Received: Application fee Staff 3 Fee sm= Escrow: Vas. Notes: Fees assume IL Data privacy form application not part of 6 subdivision. I ! We request an Easement or Right of Way onlor adjacent to the following property be vacated: PROPERTY INFORMATION: Site Address: Submittal Requirements ❑ 1 Completed Vacation Application ❑ 2 Application fee ❑ 3 Escrow de oz and a reem ,nt ❑ 4 Survey (meeting ALL re uiremenisI Click for the City's Survey and Site Plan R uirernents. ❑ 5 Data privacy form D 6 Hardcover Calculation worksheets. Click hers for the City's Hardcover Information Packet. ❑ 7 Additional Information re nested by City Staff ❑ 1 8 1 Electronic copy of all submitted materials via email, CD or flash drive. PROPERTY OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Phone (primary): Mailing Address: City, State & ZIP Email: • Agrees to pay additional fees (staff time not covered in the original fee payment) andfor consultant expenses incurred in review of this extension application, and • Certifies that the information supplied is true and correct to the best of hislher 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 Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by Cky Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Property Owner acknowledge they must be present at all scheduled review meetings of the City Counc P. If an applicant andlor 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. Property Owner Signature: Date: Property Owner Signature: te: Vacation Application — January 2017 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 fumish certain private or confidential information_ You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself_ 6. Your full name is required to process this application or permit. First f i Address City State I understand my rights as stated above_ Last Zip ';') --� --, m Phone Subdivision Apprcatfon - Janua►y 2017 PBW 13 e 4J _ -. � oKwarricM 4r,ew :ri CR 15 te - �Nabtvx •hMy,4 Fiy� � �e J R � p Y � � CR 146 CR 15 �g 'o WeKw Cry..1A- CR is 4 .4 Crr!c l Bay — r .{' .a Project Boundary Lake Minnetonka Figure 1 - Site Location PC Exhibit B 18-3998 CR is ' ■ N 0 1,500 1400 Bracketts Point Road (KES 2017-170) I I Feet Orono, Minnesota Note: Boundaries indicated on this figure are approximate _ KJOLl LAUG ENVIRONMENTAL SERVICES COMPANY and do not constitute an �� Source: ESiu Streets Basemap official survey product. Figure 2 - Existing Conditions N 0 250 L#v 6======1 Feet 1 jOLHAUG ENVIRONMENTAL SERVICES COMPANY Source: MnGeo, ESRI Imagery Basemap 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. 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".' 0 " 10 0 N j:, 30 M b 7C) N CD 0) z z IP :2 Z> N > CD x C (D 0 Z 'A D_ 0-) Lli L) A /c" cp m LO t) Fn U) < 0) UJ > �os o Cn D LiJ 0 ':� W17 —/mo_E j�,�/ad,P� 0 0 C) <04A '6' gg LJJ LLJ Ld o- a: 0 fill , U 0 E N_ c- 0 0 ry \N Li c) IL LLJ 111 0 > 4� 4< 0 Lo E --q 0 Q Og 140.7 1- C) nit % 0 V:2 4_ 4�0- 10� Q uc:) 9*2 _j (D 0 cl- :0, M LL] 0 C-4 < 0 < CL4- >L" 4� tx) to z 0 000 st L) —14/ 0 fro 0 E i 'E -R U - : < �14 m Q) f.- LLJ U-) D Lu Z \ ;mo; X.?- (1) U) U) _, \ \ \ \ 4�� r' o�, �, LLJ < n M V) P-4 z oc-,00 4 59+\� z ft: 7-17- --- a_ - Z< x -j i-- LJ a_a m 't 30 30 L J M LLJ V) cf) z �_ La (A W I 17350PREPLAT.SCJ 17-350 Q) --------------- < 0 ry 11) 0 n co MI, if) CID N z4z: _V 0cf) D I I I 10� Ln 0 0 cr_ L_ \ / / n I< U < cl� CD + z 0 < z 0mo lc� OM f.- LLJ LLJ < d U-1 U) + 01) D c'j 0) Z 00 0 0 (L ry z 'f6' �' 0 < z A I)b I P) V) 30 5 41-1 ae s .. ...................... z 0) F -i 7 SETBACK FROM LAKE ------- -------- - ------- ------- ------------ -------- ---------- n Ld 0 L> bi 0 0 > ---------------- V) m 0 CIO U L'J y < 0 --------------- ...... ------------- ------------------------------------- __j -- --------- < ry m C�_ 0 0 Ld 0 A,9-7.57 _j L_Ij f Uj m M Ld 0 co to 0 V) ------------- _�clilq l- - C40 V) < < x mcI4 Lu < �PA x; mil uj cy- 00 9317 < Mx> < 00 z 0:: CD 0 + 3351 00 Q PC Exhibit D 18-3998 SOUTHWAYS PROJECT NARRATIVE Introduction- Jim and Mary Jundt, owners in fee title of approximately 12.72 acres located at 1400 Bracketts Point Road (PID 11-117-23-32-0020), are proposing to develop their property in lots 5, 6, 9, and 10 of the rearrangement of Orono Point into 5 single family residential lots, one existing residential lot and 4 new residential lots; and, in close coordination with Bruce Paddock, the property owner to the South, propose to significantly improve the roadways serving all of the parcels. The requested ROW vacation of the existing Bracketts Point Road adjacent to the Jundt, Paddock and O'Shaughnessy parcels will substantially improve the quality of storm water runoff into Lake Minnetonka. Executive Summary- THE SOUTHWAYS PRELIMINARY PLAT IS FULLY COMPLIANT WITH ALL LAND USE REQUIREMENTS FOR THIS ZONING DESIGNATION AND DOES NOT REQUIRE ANY VARIANCES OR DEPARTURES FROM THE CODE. IT PROVIDES A SIGNIFICANT PUBLIC ROADWAY IMPROVEMENT BY ELIMINATING THE EXISTING "HAMMERHEAD" ENTRANCE TO THE PRIVATE ROAD AND ADDING A CUL-DE-SAC WITH A RADIUS, PER FIRE CHIEF DEFINITION, TO SUPPORT EMERGENCY EQUIPMENT. THE PROJECT ALSO SUBSTANTIALLY IMPROVES THE QUALITY OF STORM WATER RUNOFF INTO LAKE MINNETONKA BY ELIMINATING THE EXISTING ADJACENT ASPHALT PUBLIC ROADWAY AND BY IMPLEMENTING STORM WATER BMP's IN THE PLAT DESIGN. THE PRELIMINARY PLAT AND THE LOT LINE ADJUSTMENTS FOR OUT LOTS A & B ARE BEING PROPOSED FOR APPROVAL TOGETHER AS THEY ARE NOT MUTUALLY EXCLUSIVE LAND USE ACTIONS. Preliminary Plat project specifics are as follows- • Roadways- The project proposes to re -align and replace the existing, and previously approved public Bracketts Point Road, as shown on the plan, with a new public road from the Southways project entrance to the private road connection at the cul-de-sac This will accomplish the following: 1) Provide optimum driveway access to the public road for all lots; 2) Significantly improve the transition to the private road for emergency service vehicles and delivery trucks ( the proposed cul-de-sac meets the turn radius requirements of the Long Lake Fire Department as provided by the Fire Chief during the project briefing); 3) Substantially improve the quality of the storm water runoff into Lake Minnetonka by removing the existing roadway immediately adjacent to the shoreline; 4) Provide for uninterrupted direct access to the shoreline for Lots, 3, 4, and 5, and 5) Provide a public roadway that meets current design standards. The present Bracketts Point Road asphalt roadway surface will be removed (any asphalt surface on adjacent private property will also be removed at the Developer's expense, subject to property owner authorization) and replaced with sod. A vacation of the entire present roadway ROW is being requested in favor of the existing adjacent property owners as it is no longer required with the new sanitary sewer routing. Soil tests are scheduled for next spring prior to road construction. • County 15/Bracketts Point Road Intersection- The Planning Commission directed that Hennepin County be contacted regarding the 4 additional lots to be served. Southways is in the process of contacting the County to obtain their comments. • Sanitary sewer- A new sanitary sewer service from the private point road to MH 9 is being proposed. This will add service life by replacing the previous system along the lake. The present sewer line will be abandoned in place per the direction of the City Engineer.; the existing easement, Block 1, Lot twill be vacated. VIVater- Each private residence will have their own private well for their water supply, installed at the time of residence construction. There are presently two wells on the property; one serving the existing residence and one serving the caretakers' residence. The well serving the current residence will be retained and the additional well will also be retained, until a residence design is provided, for possible use on that lot; if the additional well cannot be used due to home design/pad location then that well will be abandoned per MDH well abandonment procedures. m Site grading- As shown on the Preliminary Plat, Site grading will be completed for all development areas. Q Storm water management- This is a Tier 1 site; storm water management will be completed on-site. Small utilities- A joint trench for electric, gas, telephone, and cable is planned along the new road ROW with the current joint trench utilities along the existing r6aV"Way abandoned in place, subject to utility company designs. ® ":'Vetland delineation- The required wetland delineation has been completed; both COE and MCWD have issued a NO WETLANDS DETERMINATION, COE by letter, MCWD verbally. 0 Conservation design- The required Conservation Design analysis by Kjolhaug Environmental Services is as noted in enclosure 6), The significant tree inventory is presented in survey and tabular form with individual tree locations is noted on the Preliminary Plat. r Pdvate docks/boat slips- The individual property owners will be responsible for obtaining their permits from the LMCD and for complying with all regulatory requirements for individual docks for their lakeshore property. Lakeshore Lot Satbackr Representative building pads are as shown on the plan to protect Line of Sight for adjacent lots along the lakeshore and to establish an average lakeshore setback. Lot c atalls- a Lot 1- 3.36 +/- acres; the existing residence will be retained. o Loi 2- 2.06 +/- acres, possible house as noted; the existing tennis court/pool may be removed along with the path and replaced with grass. o Lot 3- 2.35 +/- acres, possible house area as noted; the caretakers house will be removed along with associated out buildings and replaced with grass. o Lot 4- 2.10+/- acres, possible house area as noted; the driveway access to the existing residence will be removed and replaced with grass. o Lot 5- 2.41 +/- acres, possible house are as noted. ® :111scellaneous- o Training -The caretakers' house on Lot 3 will be removed. Prior to the demolition, an opportunity for training in the structure by the Orono Police Department and the Long Lake Fire Department exists. The details can be determined after Final Plat approval and prior to the commencement of construction. o Vdater Resemoir- There is a large underground water storage tank (UST)\ serving Lot 1 intended to supplement the fire tanker capacities, for private insurance purposes. This UST and associated hydrant, piping and ventilation will be removed since it encroaches on other lots. The Fire Chief indicated this UST would not be used by the fire department. o Other removals- Other hard cover and structures (pool) will be removed to provide a "clean" building area. o HOA- A Home Owners Association, for the purpose of storm water pond maintenance, will be established. o Park Dedication- Cash in lieu of land is being proposed to satisfy this requirement. • MCWD- The MCWD Permitting Staff has been briefed on the Concept Plan in advance of defining the specific MCWD requirements for the required MCWD permit. • LMCD- The LMCD Executive Director was briefed on the project, including the requirement for individual property owners to obtain their own dock permits, on September 12, 20-17; no issues were identified. • MN State Archeologist- Per Staff request, the State Archeologist was contacted and provided a copy of the Concept Plan. The State Archaeologist advises that a group of 20 burial mounds, called the Starvation Point Mound group, is located within 750' of the property but well to the north of the property; no further action is considered necessary. • N'Hood meetings- The Concept Plan was provided to 6 of the 8 adjacent PID's; all supported the project. 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Date: �R�.�� F',�t tin v� Ari �-��.!--� --��'. � r✓f : :� Stormwater Quality Overlay District Tier: (Circle one) fie—a Tier 2 Tier 3 Tier 4 Tier 5 Step 1:ISTIN_IHARDGOVE In the following table iden i all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Survey(Square Total Feet (Example) GaMe) (24' x 30' 720 S.F. A S.F. B .ti i<r� �t tiyFlta� ' i"'APS-v.�, Z a 6 `} S.F. C S.F. D e 176A A AC 6 / q.5' S.F. E aEztc- y..,.. r 'u, S.F. F % " f' f t4 r'r" SS S.F. G F Fn S 2.0-7 S.F. H a/X Le-}' O S.F. =�� ,a 7" ? S.F. S.F. K S.F. L Er P 3 S.F. M P2 S.F. N r. A 4 7 CC S.F. Q Lr X- rr_-4 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total E)dstinq Hardcover 60.Z7 S.F. Excludable Hardcover See City Code Sec 78-1664): / 6 S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover f 6 S.F. 3 Net Existing Hardcover Subtract line 2 from line 1 O /i S.F. 4 Total Lot Area S 7% f.0 S.F. Proposed Hardcover Percentage [(3)+(4)] -6> 4 % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions wN prevail. Page 8 of 9 RECEIVED DEC '13 2017 City of Orono �oNo Hardcover Calculation Worksheet o'�Y o o�o�lo Property Address: r „ , Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one)Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2:CPR6I-0Si`D HARpCOR In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Survey(Square Total Feet (Example) (Garage) (24'x 30 720 S.F. A AZI rill i r! k", 7 oo S.F. B WX i S.F. C 1 4/f ' o S.F. D S.F. E S.F. F ST. G S.F. H S.F. I S.F. S.F. K S.F. L S.F. M S.F. N S.F. 0 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. y S.F. Z S.F. 1 Total Pro ed Hardcover 13, S.F. Excludable Hardcover See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover Q S.F. 3 Net Pro ed Hardcover Subtract line 2 from line 1 ! 1 b'fl S.F. 4 Total Lot Area 10 y YFO S.F. Proposed Hardcover Percentage 1(3)+(4)) O.1'. 3,2 % Subdivision ,Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein, however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 19 ZDT f R/-0CK I City of Orono Hardcover Calculation Worksheet Property Address: Taw zll= -1' c t fSHO Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: SGtPO D F�ARDCOVE� In the following table, identify a items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion_ Key to Hardcover Item (Describe) Length x Width Survey(Square Total Feet (Example) Gar a (24'x 30' 720 S.F. A u r er ,I. Z2nn,17 7 0 S.F. B 44eAl 4A /00 S.F. C 00-10E S.F. D S.F. E S.F_ F S.F. G S.F. H S.F. S.F. S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Proed Hardcover O. Crrit� S.F. Excludable Hardcover See City Code Sec 78-7684 : S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover E? S.F. S.F. 3 Net Prosed Hardcover Subtract line 2 from line 1 .,3 . cy� �+ S.F. 4 Total Lot Area,? S.F. Proposed Hardcover Percentage 1(3)+(4)] ✓, �7 /% Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein, however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 19 0f 2� d o CK I RECEIVED City of Orono DEC f 3'0,7 go�yo Hardcover Calculation WorksheetTrr of ORONO Property Address: p\o A ,, „ 7 < /r .¢ ��ktSNO~E Prepared by: Date: Stormvuater Quality Overlay District Tier: (Circle one) ler Tier 2 Tier 3 Tier 4 Tier 5 Step 2:?�1PfJ�D HAR®Cf�NE In the following table, identi y alines of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Surve Total (Square Feet (Example) (Garage) (24'x 30' 720 S.F. A Z22Q S.F. B 49.ej i L< 60 S.F. C I S.F. D S.F. E S.F. F S.F. G S.F. H S.F. S.F. S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S I S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y I S.F. Z I S.F. 1 Total Pro ed Hardcover S.F. Excludable Hardcover See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover f1 S.F. 3 Net Prosed Hardcover Subtract line 2 from line 1 2 6'6' fl S.F. 4 Total Lot Area lo2,370 S.F. Proposed Hardcover Percentage J(3)+(4)] 02.37 % Subdivision Application - January 2096 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein, however, ff any information is not consistent with provisions of the City Code, the Code provisions will prevail - Page 19 RECEIVED DEC 13 ?017 City of Orono �oNo Hardcover Calculation WorksheetclTY OF ORONO Property Address: t�kEfNOQ'E Prepared by: Date: G40itC c.-0,fx 4 t'. roc /2- 8 -17 Stormwater Quality Overlay District Tier: (Circle one) ler Tier 2 Tier 3 Tier 4 Tier 5 Step 2: (ROPOSE H RDC0VER In the following table, identi#y�fa items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Survey(Square Total Feet Exam le (Garage) (24'x 30' 720 S.F. A O S.F. B V 19A /Irl=:s - .1,1_1,1-' S.F. C S.F. D k-' F'A C cz S.F. E -c A Ad S.F. F JT S.F. G 202 S.F. H Z4IA Lt -7 S.F. I S.F. S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R I S.F. S S.F. T S.F. u S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Pro sed Hardoover 3i 4 S.F. Excludable Hardcover See City Code Sec 78-1684): a6'2 S.F_ S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover 16'2 S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1)] 7 S.F. 4 Total Lot Area zw, 3610 S.F. Proposed Hardcover Percentage [ (3) f (4) ] 21.71 % Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein, however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 19 RECEIVED City of Orono DEC '13 2017 Hardcover Calculation Worksheet CITY OF ORONO Property Address: 7- 42r,,<, �} KESHOP'EC, Prepared b Date; 144 )AIC. Stormwater Quality Overlay District Tier: (Circle one)ler Tier 2 Tier 3 Tier 4 Tier 5 Step 2: #R-R$FQ HAR[9COVE In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width SurveyS Total ware Feet (Example) (Garage) (24'x 30' 720 S.F. A 72 0© S.F. B " ma's S.F. C ✓ S.F. D ___676-00 S.F. E S.F. F S.F. G S.F. H S.F. S.F. S.F. K S.F. L S.F. M S.F. N S.F. Q S.F. P ST. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. 'r S.F. Z S.F. 1 Total Proposed Hardcoverx'1'0 S.F. Excludable Hardcover See Ci Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover 0 S.F. 3 Net Proposed Hardcover Subtract line 2 from line t / d S.F. 4 Total Lot Area S 0 S.F. Proposed Hardcover Percentage [(3)+(4)] /S_ y% % Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein, however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 19 L a T 2, 40'L (/('l, ?� PC Exhibit K 18-3998 Southways —1400 Bracketts Point Road City of Orono, Hennepin County, Minnesota Conservation Design Application Prepared for James and Mary Jundt by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2017-170) December 13, 2017 Southways —1400 Bracketts Point Road City of Orono, Hennepin County, Minnesota Conservation Design Application TABLE OF CONTENTS 1. INTRODUCTION.........................................................................................................1 Project Description and Location...............................................................................1 Intention and Requirements.......................................................................................1 2. RESPONSE TO REQUIREMENTS AND PROCEDURES.....................................1 Goalsand Policies......................................................................................................1 RuralOasis Study.......................................................................................................2 Natural Resources Inventory......................................................................................3 3. CONSERVATION DESIGN MASTER PLAN..........................................................4 Consider Existing Drainage Systems.........................................................................4 Establish Stormwater Management System...............................................................4 Remove Invasive Species and Diseased Trees...........................................................4 Protect Significant Tree Stands and Woodlands........................................................4 Protect Wetlands and Augment Buffers.....................................................................4 Justify and Mitigate Impacts to Ecological Communities.........................................5 Maintain Ecological Connections..............................................................................5 Maintain and Protect Positive Views.........................................................................5 Preserve or Reinterpret Landmarks............................................................................5 4. DENSITY BONUS........................................................................................................5 5. LONG-TERM PRESERVATION...............................................................................5 FIGURES 1. Site Location 2. Minnesota Land Cover Classification System 3. No Wetlands Investigation 4. MCWD Wetland Management Classifications 5. Ecologically Significant Areas and Natural Resource Corridors APPENDICES A. Rural Oasis Study Corridor Photographs B. Minnesota Land Cover Classification System C. Tree Survey D. No Wetlands Determination Report and Agency Correspondence E. Topographic Survey and Drainage Map F. Proposed Grading Plan and Landscape Plan Southways —1400 Bracketts Point Road City of Orono, Hennepin County, Minnesota Conservation Design Application 1. INTRODUCTION Project Description and Location James and Mary Jundt are proposing a five -lot single-family residential development in the City of Orono. The 12.72 -acre Southways property is located at 1400 Bracketts Point Road, in the SW 1/4 of Sections 11, Township 117 North, Range 22 West, City of Orono, Hennepin County, Minnesota. The site is situated south of Shoreline Drive (CSAH 15) on a peninsula that juts out into Lake Minnetonka (Figure 1). The property corresponds to Hennepin County PID 11-117- 23-32-0020. The existing site is a single residential estate lot with a paved driveway, a large home, a caretaker's/maintenance building, greenhouse, tennis court, veranda, swimming pool, and landscaped planting beds. The property is bordered on the east and west by Lake Minnetonka and the north and south by large residential lakeshore lots. Intention and Requirements This application is submitted to demonstrate compliance with the City of Orono Conservation Design Ordinance, which is intended to preserve and enhance the ecological/aesthetic character of development areas. The site is proposed for development as a Conservation Design in accordance with Sections 78-1631 through 78-1640 and Section 82-300 of the Orono Municipal Code. Conservation Design Master Planning is required because the total project area is greater than five acres. Conservation Design requirements include: 1. protection and enhancement of drainageways and water quality; 2. protection and enhancement of ecological communities; 3. reinforcement and establishment of ecological connections; 4. augmentation and preservation of viewsheds; 5. preservation and improvement of views; and 6. preservation or reinterpretation of local landmarks. 2. RESPONSE TO REQUIREMENTS AND PROCEDURES Goals and Policies Conservation Design requires response to the Goals and Policies for Environmental Protection and Natural Resource Management, as established in the Orono Community Management Plan, and to the recommendations contained within the Orono Natural Resources Inventory. Southways — 1400 Bracketts Point Road Conservation Design Application The project is consistent with applicable Environmental Protection provisions set forth in the City of Orono 2010-2030 Communitygement Plan. These goals include: • Preserve marshlands, wetlands and natural drainage systems; • Manage surface water to protect the City from flooding and pollution; • Preserve native woodlands when possible; • Protect and preserve natural habitats; and • Protect land from soil erosion. The project is also consistent with applicable Policies for Natural Resource Management set forth in the City of Orono 2010-2030 Community Management Plan. Relevant policies include: • Favoring natural drainageways and retention of runoff over storm sewers where feasible; • Protection and preservation of wetlands and marshlands; • Protection of lake resources, allowing reasonable access while preventing overcrowding; • Protection of lake shorelines and lake beds from alteration; • Restriction of floodplain development and alterations; • Protection of wetlands includes protection of adjacent upland buffers; • Inclusion of natural resource investigation as part of this development proposal; • Inclusion of on-site water retention facilities as part of this development plan; • Inclusion of erosion control as part of this development plan; • Application of erosion control BMPs to land alterations; and • Adherence to Conservation Design principles. Rural Oasis Study Conservation Design requires response to the Rural Oasis Study contained in the City of Orono 2010-2030 Community Management Plan. The proposed project is located on a peninsula that extends out into Lake Minnetonka. Due to its location, the site is has limited to zero visibility from arterial and collector roadways. The project area does not fall within or adjacent to a corridor documented in the Orono Rural Oasis Study. The nearest roadway for which a corridor analysis similar to those in the Rural Oasis Study could be prepared is Shoreline Drive (CSAH 15). The project area is located approximately 550 feet south of a wooded stretch of Shoreline Drive. This part of Shoreline Drive has varied corridor enclosure due to the presence of adjacent homes that break up the forested border of the roadway. Review of site conditions and photographs available on Google Street View (Appendix A) indicate the proposed project will not appreciably change the viewshed, visibility of landmarks, or aesthetic character of Shoreline Drive. Southways — 1400 Bracketts Point Road Natural Resources Inventory MLCCS Data Conservation Design Application Minnesota Land Cover Classification System (MLCCS) data, Level 1 assessment shows the site mapped as artificial surfaces and associated areas and planted or cultivated vegetation. The MLCCS Leve 3 assessment shows the site mapped as short grasses and mixed trees, short grasses with sparse tree cover on upland soils, and short grasses on upland soils (Figure 2, Appendix B). Field observations indicate plant communities on the site are consistent with these classifications, as the site generally consists of manicured lawn, deciduous shade trees, planted conifers, buildings, and paved areas. Tree Survey A survey of significant trees measuring at least six inches in diameter at breast height (DBH) was completed for the property. Significant tree locations, tag numbers, species, and associated tree attributes are presented in Appendix C. Wetland Inventory The property was inspected in the field for wetlands on September 27, 2017. This investigation did not find areas on the site with hydrophytic vegetation or wetland hydrology. Areas mapped as partially hydric and predominantly hydric soils did not support wetlands. A No Wetlands Determination Report was submitted to the Minnehaha Creek Watershed District (MCWD) and the U.S. Army Corps of Engineers (USACE) on October 13, 2107. MCWD staff reviewed the site in the field on November 7, 2017 and provided a notice of decision documenting concurrence with the no wetlands determination on December 12, 2017. The USACE provided written concurrence that the site does not include aquatic resources subject to USACE jurisdiction on November 27, 2017. Figure 3 documents the no wetlands investigation. The No Wetlands Determination Report and agency concurrence are included in Appendix D. The MCWD wetland management classification for wetland on a neighboring property is shown on Figure 4. Topographic Survey and Existing Drainage Patterns Gronberg & Associates completed a topographic survey of the property. Although the site generally drains to overland to Lake Minnetonka, the southern part of the includes three storm sewer surface inlets that enhance drainage (Figure 3). The existing storm sewers presumably drain to Lake Minnetonka. The topographic survey and existing drainage patterns are shown in Appendix E. Orono Natural Resources Inventory Recommendations The property does not include any areas that are the subject of recommendations set forth in the Orono Natural Resources Inventory. The site does not include conceptual greenways, natural resource corridors, plant communities mapped by the Minnesota DNR Biological Survey, natural areas with potential for rare species, wetlands, or sites to consider for proactive management and protection. The nearest ecologically significant areas and natural resource corridors are shown on Figure 5. Southways — 1400 Bracketts Point Road Conservation Design Application 3. CONSERVATION DESIGN MASTER PLAN Consider Existing Drainage Systems Existing drainage includes a combination of overland flow toward Lake Minnetonka and limited areas that drain to surface storm sewer inlets. After project construction, runoff will generally follow existing drainage patterns, but drainage from new impervious surfaces will be directed to stormwater treatment or infiltration basins prior to discharge to Lake Minnetonka. The existing drainage system is shown on Figure 3 and in Appendix E. The proposed drainage system is shown in Appendix F. Establish Stormwater Management System Stormwater will be managed in compliance with local, state, and federal regulations to provide rate, volume, and sediment control as shown on the Proposed Grading Plan (Appendix F). The project includes design elements that minimize effects of stormwater runoff on water quality and quantity, including ponding/infiltration basins, realignment of part of Bracketts Point Road away from the shoreline, removal of caretaker's buildings near Lake Minnetonka, relocation of sanitary sewer away from the lake, limiting soil disturbance and grading, and construction of new homes to comply with lakeshore setback and impervious surface ratio limits. Remove Invasive Species and Diseased Trees Dead, damaged, and diseased trees will be removed during site redevelopment. Invasive species on the site are limited to creeping Charlie, aka ground ivy, which occurs in turf areas. Limited site grading will remove creeping Charlie from some areas during site redevelopment. Graded areas that are not paved for street realignment or other purposes will be established with new lawn and landscaping. Protect Significant Tree Stands and Woodlands Significant trees will be protected and preserved to the extent feasible. Some tree removal will be required to install the new street, utilities, and homes. Little to no tree removal is expected within 75 feet of Lake Minnetonka. Approximately 77 of the 360 surveyed trees (21%) will be removed during site redevelopment. The Landscaping Plan provides for planting of 61 trees as mitigation for tree removal. The tree inventory is included in Appendix C and the Grading and Landscape Plans are presented in Appendix F. Protect Wetlands and Augment Buffers The proposed project will not impact existing wetlands or wetland buffers. The project will maintain existing vegetation along the shoreline of Lake Minnetonka. New homes will conform to lakeshore setback and impervious surface ratio requirements. Part of Bracketts Point Road will be realigned, and the caretaker's structures near Lake Minnetonka will be removed and replaced with a stormwater basin (see Appendices E and F). 4 Southways — 1400 Bracketts Point Road Conservation Design Application Justify and Mitigate Impacts to Ecological Communities The site does not include rare or sensitive ecological communities. The project will minimize ecological and water quality impacts to the extent feasible by routing paved roadways away from the Lake Minnetonka shoreline where feasible and removing the caretaker's buildings that currently exist near the shoreline. Mitigation will include new stormwater treatment basins and planting 61 trees. Maintain Ecological Connections The site does not include conceptual greenways, natural resource corridors, sensitive plant communities mapped by the Minnesota DNR Biological Survey, natural areas with potential for rare species, wetlands, or sites to consider for proactive management and protection (Figure 5, Appendix B). Maintain and Protect Positive Views The nearest collector roadway with positive views is Shoreline Drive (CSAH 15). Other nearby positive views are available to watercraft from Lake Minnetonka. The site does not fall within the viewshed of Shoreline Drive, as views from the nearest stretch of this roadway include only adjacent trees and homesteads. Positive views from Lake Minnetonka will be maintained and protected by preserving most or all trees near the shoreline. Preserve or Reinterpret Landmarks The existing Jundt home and the shoreline of Lake Minnetonka may be considered landmarks by those who engage in pleasure boating on sightseeing on the lake. These potential landmark features will be preserved during site redevelopment. 4. DENSITY BONUS The proposed project has a net density of one residential unit per 2.54 acres and therefore density bonus is not required. 5. LONG-TERM PRESERVATION Proposed stormwater management features will be contained within drainage and utility easements to ensure their long-term preservation and maintenance. The project area and design do not include other elements known to require long-term protection or maintenance. Southways —1400 Bracketts Point Road Conservation Design Application FIGURES 1. Site Location 2. Minnesota Land Cover Classification System 3. No Wetlands Investigation 4. MCWD Wetland Management Classifications 5. Ecologically Significant Areas and Natural Resource Corridors CR is Fax Sr,ce 5 CR 146 CR 15 cl Cry..J A yi Ut Is —crystal Bay ,-7 MinnetBeach, 'A :, Project Boundary Lake Minnetooko Figure I - Site Location N 0 1,500 Southways - 1400 Bracketts Point Road (KES 2017-170) 6=mE===J Feet Orono, Minnesota Note: Boundaries indicated on this figure are approximate KjoLHAuGENVIRONMENTAL SERVICES COMPANY and do not constitute an Source: ESRI Streets Basernap official survey product. Figure 2 - Minnesota Land Cover Classification System N 0 200 Southways - 1400 Bracketts Point Road (KES 2017-170) Feet Orono, Minnesota h h h h Now BouRdafiies indicatedhon KT u TT thishfiWregre appro"te JoLHAUG ENVIRONMENTAL SERVICES COMPANY and do Rot congtitute an official survey product. A Figure 3 - No Wetlands Investigation 0 250 Southways - 6======1 Feet KJoLHAUG ENVIRONMENTAL SERVICES COMPANY Source: MnGeo, ESRI Imagery Basemap 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Notfi: Bougda�ieshndicatedhonh this,figlyre fire appro"te and do Rot congtitute an official survey product. Figure 4 - MCWD Wetland Management Classifications 0 300 Southways - 6======J Feet KJOLHA G ENVIRONMENTAL SERVICES COMPANY Source: MCWD 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Now BouRdageslindicatedhonh thishfiglyre ffre appro"te and do Rot confititute an official survey product. Figure 5 - Ecologically Significant Areas and Natural Resource Corridors N 0 1,000 Southways - 1400 Bracketts Point Road (KES 2017-170) Feet Orono, Minnesota Notfi: BouRdafiieslindicatedhonh KT u TT this,`igoreRre appro"te JoL11t1V G ENVIRONMENTAL SERVICES COMPANY and do Rot constitute an official survey product. Southways —1400 Bracketts Point Road Conservation Design Application APPENDIX A Rural Oasis Study Corridor Photographs ♦, a _ Google�� } -alp, T 4 i 40 t v Google TP,- wd �, rj �P�IWM4u-.. 1 � s ` _ > ■■■ s. TP,- Pw- �P�IWM4u-.. 1 � s ` _ > ■■■ s. Southways —1400 Bracketts Point Road Conservation Design Application APPENDIX B Minnesota Land Cover Classification System Land Cover Classification - Level 'I City of Orono Land Cover Classification and Natural Resources Inventory Legend C3 C ity 13 ou nda ry 40000 Woodland 110000 Shrubland Land Cover Classification -Level 1 60000 Herbacous 0 No Land Cover Classification data for this area 70000 Nonvascular 10000 Artificial Surfaces and Associated Areas =80000 Sparse Vegetation 20000 Planted or Cultivated Vegetation 90000 Water 30000 Forests City of Orono - Land Cover Classification and Natural Resource Inventory March 2006 0 2,250 4;500 9.!G Feet I inch equals 4;500 feet Figure 6 19 Legend far Level 3 Land Cover Classificabon 10900: Artficig SL farms F -FS -_SU== _= vUITH CONIFEROUE T:R.EF3 F - F SMITH DECIDUOUS T,-IEF-' -F-F -_SUR-ACES WITH MI#ED GDN.r'cRajS, AND 17MMO'US TREES - F'G .S: SUR -ACS WITH ODN9 FER O UB aND�OR DECIDUOUS SHRUBS ARD EFAP =.E TREES AFTS FICOL SURFkCES WITH PERENNIAL C-iASSES WITH $YARBE T'IR`E S .AF.' F.S F_ SURFAOES.IMITH PERENwAL spAs3ES AF-FSU--ASES WITHajLTrVATED HERBACEOUS VEGETATION{pd—j BUILD#4GSk1=1'C-RPA�2%ENT .W--FC,AL SUR=ACE<S WITH c-L-'xATEDHL:ReAcEOU3 VEGcTAT1O1N tEpldrrls} 20300: '.ilaw% J Ve�etatian =Lg NTED, mIKTA NEC IF ._-ED CON IFERDUS TPEBS 141'TED. WkIMTA Nal 'IF -_._ _-E_: _1_pU97R E33 =LANTED.WINTANE.OF. ___- .-__ .__ 1,1=5'.GUS.NNDDECI1)U{YJ3TRES L4N7ED. WIN7A NEED OR GJ= ...--__ ^I F2=:. :.dH4 BS 4N.INTA N7EI; OR C;1'_GL' _ �19M IN U.-GEFA 1 ON lhdud.n®�ra�6eryl =L4NTrD OR MAINTAIN© G. =.A=: E: VI T+I. AFSE -:EE cOVEA ®=L4N1-1) OR MAINTAINED mak.':-E= _=LvNTED OR MAINTAINED GAv.: _S .SACDF BS — COLTfVAIEE) ROWfSSOPLAND — =LANT-- OR WMINTAINED 3RASSBE :30300: Forest S -.-RATED CONIFERO US FOREST ® LFLAND D9:1DU01JS FOREST TEF.11=ORARILY FLOODED DEGDLYOUS FORE,— _ Sk---RATED. DECIDU00S FGF%EST WAYAAL-Y;:LC= FOR 4C000: Woodland LAPLAND L'Eclauoi3 WOODLAND — LPLAND MIXED DE, tiYOLL= IDONIF`�OUS VOOODLAN_1 50300: S{1 Ri Mand LPLAND=IDUDJS SHRIUB"_AND ® TEMPORARILY FLOMED DEGDUOUS SHR•BLANO SA -ORATED DEC IDU4'J5-%1F PBIAND — 'SEASONALLY FL.CCIDED DECIDOOUSSARUM-MD 6DO00- Herbaceous TALL UPLA M-1EREALCE,OLS VEGETA-CF4 t.TDILJM ALL LFLRNDHERa4GEOLIS TEMPORARILY FLOODED HERBACEOUS VEC--TATIDN S4 -RATED HERBA,G:E0S VEG"TIDN FLOODED HEB;c.A.CEOUS VEGETAT•DN SEAtPERVARENTLY FLCODED I-ERBAGE-5jS CGE-PTIDN INTE Fik1TTE4TLY EXPOSED HE FSAcEws VEGETATCYY r"ERMA NENTLY FLOODED HERSALTc.OUE VEGETATION &—,AS.S'LMD WITH SPARSE DEDMOUE TREES _ C-R42SLAND WITH SPARSE COUEROLS OR MIXED CONIF730USIDECeD1 GRkESLAND WITH SPARE DEDDU4U5 TF1EES--TEWOF0RLV FLOODED SPARSE VECETATION 90300: wales SLOW MOVINC- LINE:4P OPp't'NATEF ® -MNETIC OPEN WATER -ERWNENT YFLOODED LR-4RAL A 4UATI1] 8=M irr r'opAL DREW WATER — INTE R mT EN7LY EAPGElEED LJT-OR.AL ADuAnC am FEPMA.NETe`1LY FLOO= LFF-IO' RALAQUA-RC H -G — 1ALUST8INE DFFN WATER City of Orono — Land Cover Classification and Natural Resource Inventory 21 March 2006 Natural Areas and Communitily ID Numbers Legend City of Orono Land Cover Classification and Natural Resources Inventory [= City Boundary City of Orono — Land Cover Classification and Natural Resource Inventory 23 March 2006 Natural Community Type 1 Tamarack swamp 2 Tamarack swamp minerotrophic sub�wpe 3 Oak forest -A 4 Oak forest mesio subtype 6 Oak forest dry subtype 6 Maple -basswood forest 7 Aspen forest 8 Hoodplain forest 9 Lowland hardwood forest 10 Black ash swamp 11 Mixed hardwood swamp 12 Aspen forest- saturated soils 13 Black ash swamp - seasonally flooded 14 Mixed hardwood swamp - seasonally flooded 15 Upland mixed coniferous -deciduous forest 16 Oak woo d I a n d -b rush I and, 17 Native dominated temporarily flooded shrublaric 18 Poor fen shrub subtype 19 Rich fen shrub subtype 20 Shrub swamp seepage subtype 21 Birch bog, spiraea shrubland - saturated soils 22 Alder swamp 23 Wet meadow shrub subtype 24 Willow swamp 25 Mesic prairie 26 Wet meadow =27 Poor fen sedge subtype 28 Rich fen 29 Rich fen sedge subtype =30 Cattail Marsh - seasonally flooded ,M 31 Mixed emergent marsh - seasonally flooded = 32 Wet meadow - seasonally flooded =33 Cattail marsh - sernipernianently flooded = 34 Mixed emergent marsh =35 Wet meado,.,v - se m iperm an ently flooded 36 Cattail marsh - intermittently exposed =37 Cattail Marsh - permanently flooded =38 Water lily open marsh 39 Lininetic open water B40 Permanently flooded aquatic bed =41 Palustrine open water 1.600 3.2133 6,400 %iiiiiiPMMMMMEMM Feet 1 inch equals 3,200 feet Figure County Biological Survey Sites City of Orono Land Cover Classification and Natural Resources Inventory 0 2.250 41,500 - 9,000 -- - - Feet 1 inch equals 4,500 feet C3CrfBomda1Y CBS -Bm''diuer RwMFg fnrCfl,e Sibm yuuTS-ANO IMG +Ilei MODERATE GELD W MI MULIM DiVERSFY STANDARDS Legend COwAVBio4iC IS—ey 1�34PIdl '� T}IR141111145 ASPENFOREST ASPEN WOODLAND BLACK ASH SWAMP G CATTAIL MARSH �1 ORY GAIT SAVANNA DRYMRAIAE EMERGENT MARSH FLOODPLAIN FOREST 1=I HARDWOOD S WAMP FOREST Q LOWLAND FKr<DNOOD FOREST ® MAPLE -BAS -,WOOD FONT IBMs WOODS) ® MESIC HARDWOOD FORESTSYSTEM ® MESIC OAK SAVANNA [CENTRAL MESIC PRAIRIE ® MIXED EMERGENT MARSH: FOR EET-, r� MIXED HARDWOOD SWAMP City of Orono — Land Cover Classification and Natural Resource Inventory March 2006 © OAK FORES' OAK W OCOLAND-BRUS HLANO )BIG WOODS) POOR FEN SEDGE SUB-YPE RED OAK -SUGAR MAPLE -BASSWOOD -IBI' ERWT HICKORYI BEST RICH FEN (TRANSMON) RIGH FEN (TRANSITION) SHRP SUBTYPE SEDGE MEADOW SEEPAGE MEADOW SOUTH ERN) SHRUB SWAMP SILVER MAPLE -SV&GiraA CREEPER! FLOODPLAIIN FOREST SILVER MARE -GREEN ASH -COTTONWOOD TE -BRACE FORES- SLIGAR MAPLE FOREST 1RIC- WOODS) TAMARACK SWAMP iL I WET mEADOW WWPIOW-DOGWOOD SHRUB SWAMP 4%r LOW SWAMP F g U re 5 Q City Boundary DNR Scientific and Natural Areas Regional Parks Conceptual Greenway Corridor Adjacent Greenway Corridors — Streams 0 Existing Wetlands 100 Year Floodplain Legend Steep Slope Soils Natural Community Quality Q High Quality Medium Quality Other Natural and Semi -Natural Communities City of Orono – Land Cover Classification and Natural Resource Inventory March 2006 Hennepin Couniv E. --t. .— bepe�trnen[vl Enrvarvnenl.Servkes � Com U.a DM11. 0 2.2 w0 4.500 9,000 Feet 1 inch equals 4.506 feet 23 Figure 9 Southways —1400 Bracketts Point Road Conservation Design Application APPENDIX C Tree Survey i 44 91 •a 89• • v R w 97 206207 238 -* 23488 239 87 95• 96 W241 240 393.242 225 32 239 »� • 236 ••246 22492 {� 237 • 245 r 333 •244 •223 ` 99 243 . • 98 248 2;2 305 •233 221 • 100 .219 • t •321 247 220 ll 313 232 101 102 • • � 29 2 310 0231 X218 174.9 •7 16 • o3* 10 X250 143 •103 2322- Zg .9 $' 7o 8 17 4'110.167 454 318 83 . • • •322 •249 •104217 131 1841 X85.179 .178177 21 12 230 •82 •138 •135 01(15106 :1W ` 4 180 •176 •24 • 215213 14580 62 323•134 •129 229 133 132 3032 160159'156 342 . 228 •144 •136 130.128 2831 •33 16 62 347 227 85 .77 •35 3240 16$ 6 38 • 84 63 o #+ o 226 � �, .5 • 74 , 140 o 610 39 1.39 �� • "• 152 •139 75 •67 f t • ® -# ALR!- " 6 4 o 11 '73 .64 309 • 51 72 78 65 69 345 142 301 1 • •71 70 •79 68 .304••, o • 76 66 +, 336 ! • '' t 328 1 •326 .t • 324 315 149 o 331 308 ` • 294 •341 334 o3300 0311 o 3 ir 325 352 254 • 4 .2 •1 . o 289283 147 351 300 . • ®353 354 2.68 •251 284 60 203257 •312 355 296 275 ?85269299 289 .46�5Y.f13• •''27.288 • 334* �28f �' • g0258 5 56 ' 47 28144198 42 197 •306 •360359 356 �31fi 271 29725;:2Za$35i58•� 26,125 •121 358357 264339 124 302 . 350 ° 293 41 •114 303o 317 32T 34'8 •200 •194195 1 b2 o 0307 298 19-2193 344 274 199 o o 189 • •295 188 is •'o 113^187 4 to • 100110 1! 120 i181l$107• '186 �1 • � ' • 208 212 •209 1 r � � 11909 1 o 210117 116 • is ProjectSurveyed Tree Location Boundary -A Mtn a f, Southways - 1400 Bracketts Point Road Tree Survey Tag Number Species DBH (in) Condition Stems 1 Maple, Silver 47 Good 1 2 Maple, Red 7 Good 1 3 Maple, Red 7 Good 1 4 Maple, Sugar 34 Good 1 5 Locust, Honey 20 Good 3 6 Locust, Honey 28 Good 3 7 Spruce, Blue 20 Good 1 8 Spruce, Blue 12 Poor 1 9 Spruce, White 13 Good 1 10 Spruce, White 12 Good 1 11 Spruce, White 12 Good 1 12 Spruce, White 14 Good 1 13 Spruce, White 12 Good 1 14 Spruce, White 10 Good 1 15 Spruce, Blue 22 Good 1 16 Spruce, White 20 Good 1 17 Spruce, White 8 Good 1 18 Spruce, Blue 12 Good 1 19 Spruce, Blue 12 Good 1 20 Spruce, Blue 13 Good 1 21 Cedar, Northern White 44 Good 5 22 Cedar, Northern White 27 Good 1 23 Cedar, Northern White 58 Good 5 24 Cedar, Northern White 29 Good 9 25 Spruce, White 8 Good 1 26 Cedar, Northern White 27 Good 9 27 Cedar, Northern White 27 Good 4 28 Cedar, Northern White 21 Good 8 29 Cedar, Northern White 29 Good 7 30 Cedar, Northern White 26 Good 7 31 Cedar, Northern White 21 Good 6 32 Cedar, Northern White 20 Good 1 33 Maple, Red 18 Good 1 34 Cedar, Northern White 37 Good 14 35 Maple, Red 13 Good 1 36 Cedar, Northern White 30 Good 9 37 Cedar, Northern White 33 Good 9 38 Cedar, Northern White 37 Good 8 39 Locust, Honey 14 Good 1 40 Cedar, Northern White 33 Good 8 41 Locust, Honey 41 Good 4 42 Locust, Honey 21 Good 3 43 Cedar, Northern White 34 Good 9 44 Cedar, Northern White 24 Good 8 45 Cedar, Northern White 29 Good 12 46 Cedar, Northern White 15 Good 2 47 Cedar, Northern White 17 Good 2 48 Cedar, Northern White 19 Good 2 49 Locust, Honey 17 Good 3 50 Cedar, Northern White 23 Good 2 51 Cedar, Northern White 27 Fair 4 52 Cedar, Northern White 10 Fair 1 Southways - 1400 Bracketts Point Road Tree Survey Tag Number Species DBH (in) Condition Stems 53 Cedar, Northern White 20 Fair 4 54 Cedar, Northern White 10 Good 1 55 Cedar, Northern White 23 Fair 1 56 Cedar, Northern White 29 Poor 3 57 Cedar, Northern White 28 Good 10 58 Cedar, Northern White 9 Good 1 59 Cedar, Northern White 14 Fair 1 60 Cedar, Northern White 34 Good 10 61 Maple, Sugar 32 Good 1 62 Maple, Red 20 Good 1 63 Maple, Sugar 36 Good 1 64 Maple, Red 14 Good 1 65 Hackberry 37 Good 1 66 Maple, Sugar 39 Good 1 67 Maple, Sugar 30 Good 1 68 Elm, American 39 Good 1 69 Maple, Red 14 Good 1 70 Maple, Sugar 33 Good 1 71 Elm, American 24 Good 1 72 Maple, Sugar 39 Good 1 73 Maple, Red 24 Good 1 74 Elm, American 34 Good 1 75 Maple, Sugar 33 Good 1 76 Maple, Sugar 28 Good 1 77 Maple, Sugar 33 Good 1 78 Elm, American 20 Good 1 79 Maple, Sugar 31 Good 1 80 Maple, Sugar 35 Good 1 81 Maple, Sugar 26 Good 1 82 Maple, Silver 36 Good 1 83 Maple, Silver 38 Good 1 84 Maple, Sugar 28 Good 1 85 Elm, American 31 Good 1 86 Spruce, White 12 Fair 1 87 Spruce, White 6 Fair 1 88 Spruce, White 12 Good 1 89 Spruce, White 8 Good 1 90 Spruce, Blue 10 Fair 1 91 Spruce, White 10 Fair 1 92 Spruce, Blue 16 Good 1 93 Spruce, White 11 Good 1 94 Spruce, White 16 Good 1 95 Spruce, White 8 Fair 1 96 Spruce, Blue 16 Good 1 97 Spruce, White 10 Fair 1 98 Spruce, White 11 Fair 1 99 Spruce, White 14 Fair 1 100 Maple, Red 13 Good 1 101 Maple, Red 12 Good 1 102 Maple, Red 13 Good 1 103 Spruce, White 20 Good 1 104 Spruce, White 16 Good 1 Southways - 1400 Bracketts Point Road Tree Survey Tag Number Species DBH (in) Condition Stems 105 Maple, Sugar 20 Good 1 106 Spruce, White 10 Good 1 107 Spruce, Blue 11 Fair 1 108 Spruce, Blue 12 Good 1 109 Hackberry 10 Good 1 110 Spruce, Blue 10 Fair 1 111 Cedar, Northern White 30 Good 8 112 Hackberry 29 Good 1 113 Boxelder 10 Good 1 114 Cedar, Northern White 32 Good 11 115 Hackberry 8 Good 1 116 Spruce, Blue 11 Good 1 117 Hackberry 20 Fair 7 118 Spruce, White 11 Fair 1 119 Maple, Silver 20 Good 1 120 Locust, Honey 10 Good 1 121 Cedar, Northern White 39 Fair 3 122 Cedar, Northern White 16 Good 1 123 Cedar, Northern White 15 Fair 2 124 Cedar, Northern White 16 Good 1 125 Cedar, Northern White 14 Good 1 126 Spruce, White 5 Fair 1 127 Spruce, White 7 Fair 1 128 Birch, Paper 10 Good 4 129 Maple, Sugar 15 Good 1 130 Birch, Paper 13 Good 4 131 Spruce, White 7 Fair 1 132 Birch, Paper 11 Good 5 133 Maple, Sugar 14 Good 1 134 Maple, Sugar 21 Good 1 135 Maple, Sugar 20 Poor 1 136 Ash, Green 22 Good 1 137 Maple, Sugar 8 Good 1 138 Hackberry 32 Good 1 139 Ash, Green 11 Good 1 140 Hackberry 9 Good 1 141 Ash, Green 8 Good 1 142 Maple, Sugar 8 Good 1 143 Ash, Green 21 Good 1 144 Maple, Sugar 30 Good 1 145 Spruce, White 4 Fair 1 146 Maple, Sugar 8 Good 0 147 Maple, Silver 12 Good 0 148 Maple, Sugar 16 Good 1 149 Maple, Sugar 9 Good 1 150 Locust, Honey 14 Good 1 151 Locust, Honey 14 Good 1 152 Locust, Honey 9 Good 1 153 Spruce, Blue 10 Good 0 154 Spruce, White 6 Good 0 155 Cedar, Northern White 4 Poor 4 156 Cedar, Northern White 4 Poor 6 Southways - 1400 Bracketts Point Road Tree Survey Tag Number Species DBH (in) Condition Stems 157 Cedar, Northern White 4 Poor 6 158 Spruce, White 8 Good 1 159 Cedar, Northern White 4 Poor 4 160 Cedar, Northern White 3 Poor 4 161 Cedar, Northern White 4 Poor 7 162 Cedar, Northern White 4 Poor 6 163 Cedar, Northern White 3 Poor 8 164 Cedar, Northern White 3 Poor 10 165 Cedar, Northern White 4 Poor 6 166 Spruce, White 4 Fair 1 167 Spruce, White 6 Fair 1 168 Spruce, White 12 Fair 1 169 Spruce, White 10 Good 1 170 Spruce, White 10 Fair 1 171 Spruce, White 14 Fair 1 172 Spruce, White 9 Fair 1 173 Cedar, Northern White 6 Fair 1 174 Cedar, Northern White 6 Fair 1 175 Cedar, Northern White 6 Fair 1 176 Elm, American 57 Good 1 177 Cedar, Northern White 8 Poor 11 178 Cedar, Northern White 11 Fair 3 179 Pine, Scots 11 Fair 1 180 Pine, Red 10 Fair 1 181 Pine, Red 10 Good 1 182 Spruce, White 5 Fair 1 183 Pine, Red 6 Fair 1 184 Pine, Red 5 Fair 1 185 Pine, Scots 11 Fair 1 186 Spruce, White 10 Fair 1 187 Boxelder 11 Fair 1 188 Boxelder 12 Fair 1 189 Hackberry 10 Fair 1 190 Maple, Sugar 32 Good 1 191 Cedar, Northern White 4 Poor 12 192 Cedar, Northern White 4 Poor 8 193 Cedar, Northern White 4 Poor 5 194 Cedar, Northern White 4 Fair 4 195 Cedar, Northern White 4 Poor 6 196 Cedar, Northern White 4 Poor 11 197 Cedar, Northern White 4 Poor 9 198 Locust, Honey 7 Fair 3 199 Locust, Honey 10 Fair 2 200 Locust, Honey 6 Fair 4 201 Cedar, Northern White 4 Poor 8 202 Cedar, Northern White 4 Poor 7 203 Cedar, Northern White 4 Poor 5 204 Cedar, Northern White 4 Poor 7 205 Cedar, Northern White 4 Poor 6 206 Spruce, White 18 Good 1 207 Spruce, White 14 Fair 1 208 Spruce, White 13 Fair 1 Southways - 1400 Bracketts Point Road Tree Survey Tag Number Species DBH (in) Condition Stems 209 Spruce, White 8 Fair 1 210 Cedar, Northern White 4 Poor 6 211 Cedar, Northern White 4 Fair 4 212 Hackberry 10 Good 1 213 Spruce, White 9 Fair 1 214 Spruce, White 10 Fair 1 215 Spruce, White 7 Fair 1 216 Spruce, White 8 Fair 1 217 Spruce, White 11 Fair 1 218 Spruce, White 12 Fair 1 219 Spruce, White 12 Fair 1 220 Spruce, White 12 Fair 1 221 Spruce, White 13 Fair 1 222 Spruce, White 12 Fair 1 223 Spruce, White 13 Fair 1 224 Spruce, White 18 Fair 1 225 Spruce, White 9 Fair 1 226 Ash, Green 10 Good 1 227 Hackberry 7 Good 1 228 Ash, Green 10 Good 1 229 Maple, Silver 15 Good 1 230 Ash, Green 9 Good 1 231 Maple, Silver 14 Good 1 232 Ash, Green 13 Good 1 233 Ash, Green 12 Good 1 234 Spruce, White 12 Good 1 235 Spruce, Blue 14 Good 1 236 Maple, Silver 17 Good 1 237 Ash, Green 13 Good 1 238 Spruce, White 13 Good 1 239 Spruce, White 10 Fair 1 240 Spruce, White 14 Good 1 241 Spruce, White 15 Fair 1 242 Spruce, White 10 Good 1 243 Ash, Green 13 Good 1 244 Hackberry 12 Good 1 245 Maple, Silver 14 Good 1 246 Spruce, White 10 Fair 1 247 Maple, Silver 15 Good 1 248 Maple, Silver 19 Good 1 249 Maple, Sugar 8 Good 1 250 Ash, Green 10 Good 1 251 Lilac 29 Fair 4 252 Cedar, Northern White 3 Poor 6 253 Cedar, Northern White 3 Poor 4 254 Birch, Paper 16 Good 3 255 Cedar, Northern White 5 Poor 3 256 Cedar, Northern White 3 Poor 6 257 Cedar, Northern White 4 Poor 7 258 Cedar, Northern White 3 Poor 3 259 Cedar, Northern White 8 Poor 3 260 Cedar, Northern White 4 Poor 8 Southways - 1400 Bracketts Point Road Tree Survey Tag Number Species DBH (in) Condition Stems 261 Cedar, Northern White 6 Poor 4 262 Cedar, Northern White 3 Poor 4 263 Cedar, Northern White 3 Poor 2 264 Cedar, Northern White 12 Poor 3 265 Cedar, Northern White 4 Poor 7 266 Cedar, Northern White 4 Poor 5 267 Cedar, Northern White 4 Poor 3 268 Spruce, White 24 Good 1 269 Cedar, Northern White 3 Poor 6 270 Cedar, Northern White 4 Poor 3 271 Cedar, Northern White 27 Good 3 272 Cedar, Northern White 3 Poor 5 273 Cedar, Northern White 4 Poor 7 273 Cedar, Northern White 4 Poor 7 274 Locust, Honey 12 Good 1 275 Lilac 20 Fair 3 277 Cedar, Northern White 4 Poor 6 278 Lilac 17 Fair 3 279 Cedar, Northern White 3 Poor 6 280 Birch, Paper 17 Good 3 281 Cedar, Northern White 29 Good 4 282 Cedar, Northern White 3 Poor 5 283 Birch, Paper 21 Good 4 284 Cedar, Northern White 4 Poor 5 285 Cedar, Northern White 3 Poor 7 286 Cedar, Northern White 3 Poor 8 287 Cedar, Northern White 4 Poor 5 288 Locust, Honey 9 Fair 3 289 Cedar, Northern White 5 Poor 4 290 Cedar, Northern White 3 Poor 6 291 Cedar, Northern White 3 Poor 9 292 Cedar, Northern White 4 Poor 7 293 Maple, Silver 16 Good 1 294 Apple 46 Good 4 295 Locust, Honey 13 Good 1 296 Spruce, White 28 Good 1 297 Cedar, Northern White 4 Poor 2 298 Ash, Green 27 Good 1 299 Cedar, Northern White 20 Fair 9 300 Spruce, White 24 Good 1 301 Maple, Red 11 Good 1 302 Hackberry 8 Fair 1 303 Hackberry 6 Good 1 304 Maple, Sugar 24 Good 1 305 Maple, Silver 6 Good 1 306 Hackberry 10 Good 1 307 Cedar, Northern White 13 Poor 4 308 Maple, Sugar 28 Good 1 309 Magnolia 8 Good 1 310 Maple, Silver 10 Good 1 310 Ash, Green 9 Fair 1 311 Maple, Sugar 15 Good 1 Southways - 1400 Bracketts Point Road Tree Survey Tag Number Species DBH (in) Condition Stems 312 Hackberry 11 Fair 1 313 Maple, Silver 11 Good 1 314 Spruce, White 20 Good 1 315 Maple, Sugar 26 Poor 1 316 Cedar, Northern White 11 Fair 2 317 Spruce, White 16 Good 1 318 Ash, Green 9 Fair 1 320 Oak, Bur 23 Good 1 321 Ash, Green 8 Fair 1 322 Maple, Silver 10 Good 1 323 Ash, Green 8 Fair 1 324 Maple, Sugar 29 Fair 1 325 Maple, Sugar 31 Good 1 326 Maple, Sugar 28 Good 1 327 Cedar, Northern White 7 Poor 3 328 Maple, Sugar 28 Fair 1 329 Cedar, Northern White 8 Poor 2 330 Maple, Sugar 28 Fair 1 331 Maple, Sugar 26 Fair 1 332 Spruce, White 9 Good 1 333 Willow, Black 32 Good 1 334 Maple, Sugar 24 Good 1 334 Cedar, Northern White 12 Fair 4 335 Cedar, Northern White 7 Poor 2 336 Maple, Sugar 26 Good 1 337 Cedar, Northern White 15 Fair 4 339 Cedar, Northern White 10 Poor 3 340 Cedar, Northern White 6 Poor 1 341 Maple, Sugar 8 Poor 1 342 Maple, Red 9 Fair 1 343 Hackberry 9 Good 1 344 Spruce, White 21 Good 1 345 Elm, American 22 Fair 1 346 Cedar, Northern White 3 Poor 0 347 Maple, Sugar 6 Good 1 348 Cedar, Northern White 7 Poor 3 349 Cedar, Northern White 6 Poor 2 350 Cedar, Northern White 8 Poor 1 351 Maple, Red 10 Good 1 352 Maple, Sugar 32 Fair 1 353 Elm, American 29 Good 1 354 Maple, Sugar 32 Fair 1 355 Maple, Sugar 32 Poor 1 356 Maple, Sugar 32 Fair 1 357 Maple, Sugar 29 Good 1 358 Ash, Green 12 Good 1 359 Maple, Red 12 Good 1 360 Maple, Red 10 Good 1 Southways —1400 Bracketts Point Road Conservation Design Application APPENDIX D No Wetlands Determination Report and Agency Correspondence 1400 Bracketts Point Road Orono, Hennepin County, Minnesota No Wetlands Determination Report Prepared for James Jundt by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2017-170) October 13, 2017 1400 Bracketts Point Road Orono, Hennepin County, Minnesota No Wetlands Determination Report TABLE OF CONTENTS Title Page 1. SITE VISIT SUMMARY......................................................................................................1 2. OVERVIEW........................................................................................................................... 2 3. METHODS............................................................................................................................. 2 4. RESULTS............................................................................................................................... 3 4.1 Review of NWI, Soils, Public Waters, and NHD Information ......................................... 3 4.2 No Wetlands Determination..............................................................................................4 4.3 Request for No Wetlands Concurrence............................................................................. 4 5. CERTIFICATION OF DETERMINATION...................................................................... 5 TABLES Table 1. Soil Types Mapped on the 1400 Bracketts Point Road Property ............................ 3 FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Public Waters Inventory 6. National Hydrography Dataset 7. MCWD Wetland Classifications APPENDICES A. Joint Application Form for Activities Affecting Water Resources in Minnesota B. Precipitation Data C. Wetland Determination Data Form 1400 Bracketts Point Road Orono, Hennepin County, Minnesota No Wetlands Determination Report 1. SITE VISIT SUMMARY • The 12.72 -acre property at 1400 Bracketts Point Road was inspected on September 27, 2017 for the presence and extent of wetland. • The National Wetlands Inventory (NWI) map showed no wetlands within the site boundaries. • The soil survey showed predominantly hydric and partially hydric soil types on the site included Tadkee-Tadkee complex and Hamel overwash-complex. • The DNR Public Waters Inventory showed Lake Minnetonka (DNR Public Water 27- 133P) located at the east and west boundaries of the site. • The National Hydrography Dataset showed Lake Minnetonka adjacent to the site. • No wetlands were identified within the site boundaries during the site visit on September 27, 2017. I 1400 Bracketts Point Road No Wetlands Determination Report The 12.72 -acre property at 1400 Bracketts Point Road was inspected on September 27, 2017 for the presence and extent of wetland. The property was located in the SW 1/4 of Section 11, Township 117 North, Range 22 West, City of Orono, Hennepin County, Minnesota. The site was situated south of Shoreline Drive (CSAH 15) on a peninsula that juts out into Lake Minnetonka (Figure 1). The property corresponded to Hennepin County PID 11-117-23-32-0020. The site included a single residential estate with a long, paved driveway, a large home, a maintenance shop, greenhouse, tennis court, veranda, swimming pool, and landscaped planting beds. The southern portion of the site included three storm sewer inlets to enhance drainage and a 4- to 6 -foot high retaining wall was aligned along the south boundary of the site. The majority of the site consisted of manicured lawn with several large sugar maple, green ash, red oak, silver maple, white spruce, blue spruce, white cedar, and other trees. The east and west edges of the property dropped relatively steeply to the edge of Lake Minnetonka and the lakeshore was lined with riprap. Site topography was highest at the primary building site where the elevation reached 956 feet above msl, and lowest at the edge of Lake Minnesota where the elevation was near 926 feet. The property was bordered on the east and west by Lake Minnetonka and the north and south by large residential lakeshore lots. No wetlands were delineated within the site boundaries. One sample point location, storm sewer inlets, the retaining wall location, and existing conditions are shown on Figure 2. Appendix A includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for concurrence with this No Wetlands Determination under: (1) the Minnesota Wetland Conservation Act (WCA), and (2) Section 404 of the Federal Clean Water Act. 3. METHODS The property was reviewed for wetlands using the Routine Determination method described in the Corps of Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0) as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Soils, vegetation, and hydrology were documented at the location on the property that was most likely to support wetland. Plant species dominance was estimated based on the percent aerial or basal coverage visually estimated within a 30 -foot radius for trees and vines, a 15 -foot radius for the shrub layer, and a 5 -foot radius for the herbaceous layer within the community type sampled. Soils were characterized to a minimum depth of 24 inches (unless otherwise noted) using a Munsell Soil Color Book and standard soil texturing methodology. Hydric soil indicators used 1400 Bracketts Point Road No Wetlands Determination Report are from Field Indicators of Hydric Soils in the United States (USDA Natural Resources Conservation Service (MRCS) in cooperation with the National Technical Committee for Hydric Soils, Version 7, 2010). Mapped soils are separated into five classes based on the composition of hydric components and the Hydric Rating by Map Unit classes used on the Web Soil Survey. The five classes include Hydric (100% hydric components), Predominantly hydric (66-99% hydric), Partially hydric (33- 65% hydric), Predominantly non -hydric (1-32% hydric), and Non - hydric (less than 1% hydric). Plants were identified using standard regional plant keys. Taxonomy and indicator status of plant species was taken from the 2016 National Wetland Plant List (U.S. Army Corps of Engineers 2016; National Wetland Plant List, version 3.3, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory, Hanover, NH). 4. RESULTS 4.1 Review of NWI, Soils, Public Waters, and NHD Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service) showed no wetlands within the site boundaries (Figure 3). The Soil Survey (USDA NRCS 2015) showed predominantly hydric and partially hydric soil types on the site included Tadkee-Tadkee complex and Hamel overwash-complex. Soil types mapped on the property are listed in Table 1 and soil types are mapped on Figure 4. Table 1. Soil Types Mapped on the 1400 Bracketts Point Road Property Symbol Soil Name Acres % of % Hydric Category Area Hydric L36A Hampel, overwash-Hamel complex, 1.11 8.76 45 Partially hydric 0-35% slopes L37B Angus loam, 2-6% slopes 9.38 73.72 5 Predominantly non -hydric L64A Tadkee-TadkO e, depressional, 2.23 17.52 92 Predominantly hydric complex, 0-2% slopes Totals 12.72 100.00 The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015) showed Lake Minnetonka (DNR Public Water 27-133P) located at the east and west boundaries of the site (Figure 5). The National Hydrography Dataset (U.S. Geological Survey 2015) showed Lake Minnetonka adjacent to the site (Figure 6). The Minnehaha Creek Watershed District (MCWD) Wetland Inventory showed a Manage 3 wetland located on property immediately east of the site (Figure 7). The MCWD requires a minimum buffer width of 16 feet on this wetland. 1400 Bracketts Point Road No Wetlands Determination Report 4.2 No Wetlands Determination The property was reviewed for wetlands on September 27, 2017. The review focused on the northern and southern parts of the property because those areas had the predominantly hydric and partially hydric soils, and because they included relatively low flat areas located in proximity to wetlands or water features on adjoining properties. Precipitation at the time of the site review was normal (typical) based on the 3 -month antecedent weighted average, and below the normal range based on the 30 -day rolling total precipitation (Appendix B). Two areas of the property were investigated for wetland; the northern area and the southern area. Neither the northern area nor the southern area met wetland delineation criteria. Northern Area — Sample Point A (SP -A) was positioned in the lowest part of the northern area (Figure 2), and approximately 100 feet west of a Type 1, Mange Class 3 wetland that appears on the Minnehaha Creek Wetland Inventory (Figure 7). SP -A marginally met the hydrophytic vegetation criterion (although the Prevalence Index was > 3), but it did not have hydric soils or wetland hydrology (Appendix Q. The sample point was dominated by Kentucky bluegrass (FAC), but had substantial cover of white clover (FACU) and creeping Charlie (FACU), and a small amount of dandelion (FACU). Soils consisted of very dark gray sandy loam with faint redox starting at 10 inches and depletions starting at 14 inches. The redox was not prominent, distinct, or shallow enough to render the soil hydric. The sample point did not meet criteria for any wetland hydrology indicators. Southern Area — Offsite review of maps and aerial photographs suggested this area might include wetland, but the site review revealed three storm sewer surface inlet drains that have the capacity to remove the potential for wetland hydrology. Although the adjoining property to the south includes a small surface water feature located about 25 feet from the property boundary, the southern boundary of the 1400 Bracketts Point Road property includes a retaining wall that elevates it 4 to 6 feet above the property with the nearby water feature (Figure 2). The storm drains and retaining wall make render the southern part of the evaluated property incapable of supporting wetland hydrology. No areas with hydrophytic vegetation or wetland hydrology were observed on the site. No other areas were shown as hydric soil on the soil survey or as wetland on the NWI map. 4.3 Request for No Wetlands Concurrence Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for concurrence with this No Wetlands Determination under: (1) the Minnesota Wetland Conservation Act (WCA), and (2) Section 404 of the Federal Clean Water Act. 4 1400 Bracketts Point Road 5. CERTIFICATION OF DETERMINATION No Wetlands Determination Report The procedures utilized in the described Determination are based on the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and the appropriate Supplement, as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. This No Wetlands Determination Report was prepared in compliance with the regulatory guidance in place at the time the work was performed. Site Investigated and Report prepared by: Rob Bouta, Senior Ecologist MN Certified Wetland Delineator No. 1081 Report reviewed by: Date: October 13, 2017 Mark Kjolhaug, Professional Wetland Scientist No. 000845 1400 Bracketts Point Road No Wetlands Determination Report FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Protected Waters Inventory 6. National Hydrography Dataset 7. MCWD Wetland Classifications CR 146 Y/eKw bNe ry..1 A- CR is Crr!l Bay — Project Boundary CF 15 7 Lkl% V Lake Minnetonka Figure I - Site Location N 0 1,500 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota "M===� Feet Note: Boundaries indicated on this figure are approximate KJOLHAUGENVIRONMENTAL SERVICES COMPANY and do not constitute an Source: ESR1 Streets Basemap official survey product. Figure 2 - Existing Conditions N 0 250 L#v 6======1 Feet 1 jOLHAUG ENVIRONMENTAL SERVICES COMPANY Source: MnGeo, ESRI Imagery Basemap 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Figure 3 - National Wetlands Inventory N 0 300 6======] Feet KJOLl dAUG ENVIRONMENTAL SERVICES COMPANY �►i Source: Minnesota DNR (2013), USFWS 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Figure 4 - Soil Survey N 0 300 �. 6====:� Feet 1 jQLI A G ENVIRONMENTAL SERVICES COMPANY Source: USDA, NRCS 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Figure 5 - DNR Public Waters Inventory N 0 1,000 6======1 Feet KJOLl dAUG ENVIRONMENTAL SERVICES COMPANY �►� Source: Minnesota DNR 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Figure 6 - National Hydrography Dataset N 0 1,000 6=01—� Feet KJOLl AUG ENVIRONMENTAL SERVICES COMPANY �►i Source: USGS 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Figure 7 - MCWD Wetland Classifications N 0 300 "W===� Feet KJOLl AUG ENVIR©NMENIAL SERVICES COMPANY �►i Source: MCWD 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. 1400 Bracketts Point Road No Wetlands Determination Report APPENDIX A Joint Application Form for Activities Affecting Water Resources in Minnesota Project Name and/or Number: 1400 Bracketts Point Road Joint Application Form for Activities Affecting Water Resources in Minnesota PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's contact information must also be provided. Project Name: 1400 Bracketts Point Road Applicant/Landowner Name: James Jundt Mailing Address: 42486 109t' Way, Scottsdale, AZ 85262 Phone: E-mail Address: Authorized Contact (do not complete if same as above): Brian Benson, Coldwell Banker Burnet Mailing Address: 201 E Lake Street, Wayzata, MN 55391 Phone: (612)227-8629 E-mail Address: bkbenson ebburnet.com Agent Name: Mailing Address Rob Bouta, Kjolhaug Environmental Services Co. 2500 Shadywood Road, Suite 130, Orono, MN 55331 Phone: (612)581-0546 E-mail Address: RobBgkjolhaugenv.com County: Hennepin County Parcel ID and/or Address: PID 11-117-23-32-0020 Address: 1400 Bracketts Point Road, Orono, MN 55391 Legal Description (Section, Township, Range): SW '/4 Section 11, T117N, R22W Lat/Long (decimal degrees): 44.953115, -93.558965 Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet): 12.72 acres PART TWO: Site Location Information City/Township: City of Orono See attached Figure 1 If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. Future residential use to be determined. Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 3 ProM Name and/or Number: 1400 Brackesu Point Road PAR i WOR: Ayuaatic Rez uaic7a Imlood' Summal y R your proposea proJRT Involves a aireft or Int11Fi T impaR to an aquatic .esoarce (wetland, )aR., tri6eta.—r, etc.) laemay =..cM impair[ In tRe tasle seiow. Incluse all anticipatea ImpaM, incluaing tRose expet'tea to Be te... per..rrr. Auden on ole.-Rcaa -vile= map, aerial pnoto, ana/or arawing sRowing all of ine aquatic resources in tRe r.r.ject area ans tRe lac -den(,) vT LRc propa3cs Impacts. ®oei eacR aquatic resource on tRe map witn a reverence numser or ietter ans ia.niify tRe lm,z 6 rn tR� Tolle ming task. Aquatic Aquatic 1[cave.-- Type of c fill Impat i uufaaQIR Or size of Ugerali size County. licavafee [[] ( , I pai:E Im �� of Aquatic Existing Plan. Community I ype(s) Watershed, & noted on ! e(we:l.nd, "' lake, tributary e..sesete,dmin or reme- Permanent M or pe (=rr7) Resource a In lmpocc.,n:a' Bank Service overhega viewl etc. vegcra.n.n) TemporaryI i l (arm) Area 5 ncnncpin No wetlands exist within the 12.72 -acre property. The property is bordered on county; �, .,ate att mat La v Muusw. v yr ta, a� the cmt d by k -t-nka, h' -h Ircks a ,,atzma rr: ,E; 1s, tnu watershed 20 . vicH,ity ut the pLuperty. miVtTMCtro); AS^ r If impacts are temporary, enter the duration of the brrpacts in Says nen to tile 'r. For example, it protea with a temporary access IM that would be removed after 220 days would be entered "T i220r. %sp__ M in-. o....... a A—Z e. repormo n square icer lmpacts a—. rr o or Qr..rer smoulE N Fc -p-.,.— es an., Mona.., w Ale ":real 0.0! e.a c. i "awry impacts most 5. ..,.....ed in Enema fue:of kapact_nd rrea of bnp..., by Indicating in; ft Un...r Fe J knp5ct:lorr4 th. fkrwl......f the 7—m. fdknved by the... mrpecs m p.nenthesesi. Far . purled that impacts 50 feet _f _ -!roars that Is b feet wide -1d be m;:= rted — 50 ft POO -aces f■et). 'This is 8enwallp onry applicable i(you are appM fora de minknis exempmn under MN Rules 8420.0420 SuEQ.8, otherwise enter '1117W. use W—mr roma arae r.r.r crwnmen)ty +ypes 7-1- a u RFiscons- Wo 'co. as ma.mao n AIA Rules =20.0405 subp. L 'Rarer W 1114ior .rwrsned.na Ank+u......... maps ill Mn Mies. 0.mau o:p. ,. if any of the above lUendfied impart have alreasy occurreu, )uentify wRIcR impacts tRey are ans the circumstances assoclatea witR eacR: too impacts have occurred. PART FIVE: Applicant signature fided. heck here if you are requesting a Pre-M)IiCatlon consultation with the carps and M0 !lased on tRe Information you nave Regulatory entitles will not initiate a formal application review if this box Is checker. By signature below, i attest tFiat tRe information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. .Si6flatllr c: Data: 10-13-17 I hereby authorize Kjolhaug Environmental Services to act on my behalf as my aaenw in the processing of this application and wo furnish, upon rquest, supplemental information in support of this application. I s ne term 1mpatr as area In trim joint application tarn is a genetic term uses tvr t wicisure purposes to 10enufy auuvates xMi may require approval tram one or more regulatory agencies. For purposes of alis term ft is not meant to inelcate wnetRer or not those al!114R1Es may require malgatton/replacement. Minnesota Interagency vvater resource Appilcadon Form February cult' Page c or.3 Project Name and/or Number: 1400 Bracketts Point Road Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply): ® Wetland Type Confirmation ® Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, lakes, etc.). ❑ Preliminary Jurisdictional Determination. A prelim inaryjurisdictionaI determination (PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ® Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 3 1400 Bracketts Point Road No Wetlands Determination Report APPENDIX B Precipitation Data 10/11/2017 Precipitation bocumentationuorksheet4JsinguGriddedLbatabase Minnesota4o'tate` limatology`Office State Climatology Office - DNR Division of Ecological and Water Resources ®University of Minnesota home current conditions journal past%atal summaries agriculture other sites about uMu Precipitation*Vorksheet%JJsingvGridded,vDatabase Precip ationWataxforxtargetwvetianddocatt?n: u county:nnep� '�n townVp num r: 117N townshla name:`=XIsior range Vmber 3W nearest communityrystah8ay section number: 11 AeriaiNphotographxorxsitewisitxdate:v Sunday,vOctoberv4,N2017 Scorexusi ng%4 981-2010viormalxperiodu u �yalu sxerevn hes u u i Ue �� u u AgOollowing a monthly otal Indicat s a provisional value deriveAom radar -based estimates. first priour month: September 2017 second prpr month: August 2017 u third pri � month: JulyN2017 estimatedVrecipitatiomtotal4ornthisdocation: 2.06 7.67R 4.07R the revsw%80%xchancexthisdocationwviI NhaveJessxthan: 2.50 3.14 2.75 therevsxex80%xchancexthisdocationwvill�havevnorexthan: 4.17 4.92 4.17 typexofvnonth:wdrywnormalwwet Dry wet normal monthlywcore 3*1=3 2%tx8v=u6 1xh2v=N2 tj m tiurn nthwcore. u 6L,b�dry) 10 o 141normal) 15 0 18uwet) 3+6+2=11 Normal OthenResources: ■ retri%veudaily prec6pitationudatqj ■ viewiadar-bused precipitation estimates ■ view weekly precipitation maps ■ Evaluating Antecedent Precipitation Conditions�BWSR) http://climateapps.dnr.state.mn.us/g rid ded_data/precip/wetland/worksheet.asp?passXutm83=456348&passYutm83=4978261 &passcounty=Hennepin&... 1/1 13 - 12 N 3rd Prior 30 Days 2nd Prior 30 Days::1 1st Prior 30 Days � 11 v Site Visit Climate Conditions � 10 1400 Bracketts Point Road, Orono MN C c� 9 f -c .� 8 .v as L Q 7 0 6 5 c O E 4 c 3 2 Site Visit: 1 T _ 19/27/2017 0 6/28/17 7/13/17 7/28/17 8/12/17 8/27/17 9/11/17 9/26/17 0 monthly precip — daily precip 30d rolling total 1400 Bracketts Point Road, Orono: Precipitation Summary Source: Minnesota Climatology Working Group Monthly Totals: 2017 Target: T117 R23 S11 Aug 1, 2017 mon year cc tttN rrW ss nnnn 00000000 pre (inches) ]an 2017 10 116N 23W 15 NWS CHAN_NWS .88 Feb 2017 10 116N 23W 15 NWS CHAN_NWS .72 Mar 2017 10 116N 23W 15 BYRG .45 Apr 2017 27 117N 22W 29 BYRG 4.19 May 2017 27 117N 22W 29 BYRG 6.01 ]un 2017 27 117N 22w 29 BYRG 3.78 Jul 2017 27 117N 23W 31 BYRG 3.77 Aug 2017 27 117N 22w 29 BYRG 8.47 Sep 2017 27 117N 23W 31 BYRG 2.06 July/August/September Daily Records Jul 1, 2017 0 Aug 1, 2017 0 Sep 1, 2017 .02 Jul 2, 2017 0 Aug 2, 2017 0 Sep 2, 2017 0 Jul 3, 2017 0 Aug 3, 2017 0 Sep 3, 2017 0 Jul 4, 2017 .05 Aug 4, 2017 - Sep 4, 2017 .25 Jul 5, 2017 0 Aug 5, 2017 - Sep 5, 2017 0 Jul 6, 2017 0 Aug 6, 2017 - Sep 6, 2017 0 Jul 7, 2017 0 Aug 7, 2017 .37 Sep 7, 2017 0 Jul 8, 2017 0 Aug 8, 2017 0 Sep 8, 2017 0 Jul 9, 2017 0 Aug 9, 2017 0 Sep 9, 2017 0 Jul 10, 2017 0 Aug 10, 2017 1.24 Sep 10, 2017 0 Jul 11, 2017 .07 Aug 11, 2017 0 Sep 11, 2017 0 Jul 12, 2017 0 Aug 12, 2017 - Sep 12, 2017 0 Jul 13, 2017 0 Aug 13, 2017 - Sep 13, 2017 0 Jul 14, 2017 0 Aug 14, 2017 .89 Sep 14, 2017 0 Jul 15, 2017 0 Aug 15, 2017 0 Sep 15, 2017 0 Jul 16, 2017 0 Aug 16, 2017 .69 Sep 16, 2017 .27 Jul 17, 2017 .67 Aug 17, 2017 2.43 Sep 17, 2017 0 Jul 18, 2017 0 Aug 18, 2017 0 Sep 18, 2017 .37 Jul 19, 2017 .95 Aug 19, 2017 - Sep 19, 2017 0 Jul 20, 2017 0 Aug 20, 2017 - Sep 20, 2017 0 Jul 21, 2017 0 Aug 21, 2017 .28 Sep 21, 2017 0 Jul 22, 2017 0 Aug 22, 2017 .17 Sep 22, 2017 0 Jul 23, 2017 0 Aug 23, 2017 0 Sep 23, 2017 .02 Jul 24, 2017 0 Aug 24, 2017 0 Sep 24, 2017 .53 Jul 25, 2017 2.01 Aug 25, 2017 .10 Sep 25, 2017 .34 Jul 26, 2017 .02 Aug 26, 2017 - Sep 26, 2017 0 Jul 27, 2017 0 Aug 27, 2017 - Sep 27, 2017 0 Jul 28, 2017 0 Aug 28, 2017 2.30 Sep 28, 2017 0 Jul 29, 2017 0 Aug 29, 2017 0 Sep 29, 2017 0 Jul 30, 2017 0 Aug 30, 2017 0 Sep 30, 2017 .26 Jul 31, 2017 0 Aug 31, 2017 0 1981-2010 Summary Statistics Jan I Feb I Mar I Apr I May I Jun I Jul I Aug I Sep I Oct I Nov I Dec I WARM I ANN I WAT 30% 0.491 0.401 1.201 1.941 2.701 3.241 2.751 3.141 2.501 1.241 1.051 0.681 16.631 27.21 26.78 70% 1.10 0.88 2.00 2.75 4.01 5.19 4.17 4.92 4.17 3.38 1.93 1.42 21.45 34.29 34.09 mean 0.85 0.82 1.76 2.56 3.49 4.36 4.07 4.18 3.46 2.41 1.72 1.17 19.56 30.86 30.69 LI 1400 Bracketts Point Road No Wetlands Determination Report APPENDIX C Wetland Determination Data Form WETLAND DETERMINATION DATA FORM - Midwest Region Project/Site: 1400 Bracketts Point Road City/County: Orono/Hennepin Sampling Date: 09/27/2017 Applicant/Owner: James Jundt State: MN Sampling Point: SP -A Investigator(s): R. Bouta vection, Township, Range: SW 1/4 Sec. 11, T1 17N, R23W Landform (hillslope, terrace, etc.): Flat Local relief (concave, convex, none): Flat Slope (%): 0-2 Lat: 44.954514 Long: -93.560628 Datum: Digital degrees Soil Map Unit Name: Tadkee-Tadkee VWI Classification: None Are climatic/hydrologic conditions of the site typical for this time of the year? Y (If no, explain in remarks) Are vegetation soil or hydrology significantly disturbed? Are vegetation soil or hydrology naturally problematic? Are "normal circumstances" present? Yes SUMMARY OF FINDINGS (If needed, explain any answers in remarks.) Hydrophytic vegetation present? Y Absolute Hydric soil present? N Is the sampled area within a wetland? N Indicators of wetland hydrology present? N yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) PID 11-117-23-32-0020; 1400 Bracketts Point Road; Precipitation was within the normal range based on the 3 -month antecedent weighted average, and below the normal range based on the 30 -day rolling total precipitation. VEGETATION -- Use scientific names of plants. US Amy Corps of Engineers Midwest Region Absolute nt Indicator Dominance Test Worksheet Tree Stratum (Plot size: 30 -ft radius ) % Cover Species Staus Number of Dominant Species 1 that are OBL, FACW, or FAC: 1 (A) 2 Total Number of Dominant 3 Species Across all Strata: 1 (B) 4 Percent of Dominant Species 5 that are OBL, FACW, or FAC: 100.00% (A/B) 0 = Total Cover Sapling/Shrub stratum (Plot size: 15 -ft radius ) Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species 0 x 1= 0 3 FACW species 0 x 2= 0 4 FAC species 100 x 3 = 300 5 FACU species 40 x 4 = 160 0 = Total Cover UPL species 0 x 5= 0 Herb stratum (Plot size: 5 -ft radius ) Column totals 140 (A) 460 (B) 1 Poa pratensis 100 Y FAC Prevalence Index = B/A = 3.29 2 Trifolium repens 20 N FACU 3 Glechoma hederacea 20 N FACU Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 Prevalence index is s3.0* 7 Morphogical adaptations* (provide 8 supporting data in Remarks or on a separate 9 sheet) 10 140 = Total Cover Problematic hydrophytic vegetation* (explain) Woody vine stratum (Plot size: 30 -ft radius ) *Indicators of hydric soil and wetland hydrology must be 1 present, unless disturbed or problematic 2 Hydrophytic 0 = Total Cover vegetation present? Y Remarks: (Include photo numbers here or on a separate sheet) All species were FAC or drier and the Prevealence index was >3. US Amy Corps of Engineers Midwest Region SOIL Sampling Point: SP -A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features Primary Indicators (minimum of one is required: check all that apply) Secondary Indicators minimum of two re uired (Inches) Color (moist) % Color (moist) % Type' Loc`* Texture Remarks 0-10 10YR 3/1 100 - Sandy loam 10-14 10YR 3/1 95 10YR 3/2 5 C M Sandy loam Redox not prominent/distinct 14-28 5Y 3/1 60 5Y 4/3 20 C M Sandy loam 28-34 5Y 5/1 20 D M (C3) 28-34 10YR 2/1 90 5GY 6/ 10 1 D M Sandy loam 34-38 2.5Y 4/2 100 - Coarse sand Geomorphic Position (D2) Iron Deposits (65) (C6) FAC -Neutral Test (D5) Inundation Visible on Aerial Imagery (67) Thin Muck Surface (C7) *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. —Location: PL = Pore Lining, M = Matrix Hydric Soil Indicators: Gauge or Well Data (D9) Indicators for Problematic Hydric Soils: Histisol (Al) Sandy Gleyed Matrix (S4) Coast Prairie Redox (A16) (LRR K, L, R) Histic Epipedon (A2) Sandy Redox (S5) Dark Surface (S7) (LRR K, L) Black Histic (A3) Stripped Matrix (S6) Iron -Manganese Masses (F12) (LRR K, L, R) Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) Very Shallow Dark Surface (TF12) Stratified Layers (A5) Loamy Gleyed Matrix (F2) Other (explain in remarks) 2 cm Muck (A10) Depleted Matrix (F3) Depleted Below Dark Surface (A11) Redox Dark Surface (F6) Thick Dark Surface (Al2) Depleted Dark Surface (F7) *Indicators of hydrophytic vegetation and weltand Sandy Mucky Mineral (S1) Redox Depressions (F8) hydrology must be present, unless disturbed or 5 cm Mucky Peat or Peat (S3) problematic Restrictive Layer (if observed): Type: Hydric soil present? N Depth (inches): Remarks: Does not meet hydric indicators because redox features are almost the same color as the matrix, and they do not begin at a shallow enough depth. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required: check all that apply) Secondary Indicators minimum of two re uired Surface Water (Al) Aquatic Fauna (1313) Surface Soil Cracks (136) High Water Table (A2) True Aquatic Plants (1314) Drainage Patterns (610) Saturation (A3) Hydrogen Sulfide Odor (Cl) Dry -Season Water Table (C2) Water Marks (61) Oxidized Rhizospheres on Living Roots Crayfish Burrows (C8) Sediment Deposits (132) (C3) Saturation Visible on Aerial Imagery (C9) Drift Deposits (63) Presence of Reduced Iron (C4) Stunted or Stressed Plants (D1) Algal Mat or Crust (134) Recent Iron Reduction in Tilled Soils Geomorphic Position (D2) Iron Deposits (65) (C6) FAC -Neutral Test (D5) Inundation Visible on Aerial Imagery (67) Thin Muck Surface (C7) Sparsely Vegetated Concave Surface (138) Gauge or Well Data (D9) Water -Stained Leaves (139) Other (Explain in Remarks) Field Observations: Surface water present? Yes No Depth (inches): Water table present? Yes X No Depth (inches): 31 Indicators of wetland Saturation present? Yes X No Depth (inches): 30 hydrology present? N (includes capillary fringe) Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Does not meet hydrology criterion for dry season water table, Geomorphic position, or FAC -Neutral Test. Natural soil moisture was supplemented by lawn irrigation. US Army Corps of Engineers Midwest Region 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 James Jundt 1400 Bracketts Point Road, Orono 10/13/2017 W17-46 Complete ® 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: 12/11/2017 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): James Jundt has applied for a wetland boundary & type- no wetland confirmation for 1400 Bracketts Point Road (PID 1111723320020) in the City of Orono, Hennepin County, Minnesota. Legal description: Section 11, Township I I7N, Range 22W. The boundary & type approval was requested October 13, 2017. A wetland delineation was conducted by Kjolhaug Environmental Services on September 27, 2017. A complete delineation report and WCA application were submitted to MCWD on October 13, 2017. No Wetlands were delineated within the project area. MCWD reviewed the study area in the field on November 7th, 2017. MCWD was in agreement with the no wetland determination. MCWD approves the no wetland determination as documented in the delineation report submitted on October 13, 2017 and delineated in the field on September 27, 2017. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Name Title Katherine Sylvia Withdrawal (sq. ft. or nearest Signature Date Phone Number and E-mail 01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Katherine Sylvia Permitting Program Lead Signature Date Phone Number and E-mail 12/12/2017 (952) 472-2855 ksylvia@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ❑ Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and $0 fee (if applicable) to: Send petition and $500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka, MN 55345 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski- Stacey.hjewski@hennepin.us ® BWSR TEP member: Ben Carlson — ben.carlson@state.mn.us ❑ LGU TEP member (if different than LGU Contact): ❑ DNR TEP: ❑ DNR Regional Office (if different than DNR TEP member): Becky Horton — becky.horton@state.mn.us ❑ WD or WMO (if applicable): ® Applicant (notice only) and Landowner (if different): Brian Benson - bkbenson@cbburnet.com ® Members of the public who requested notice (notice only): Rob Bouta - robb@kjolhaugenv.com, Melanie Curtis — mcurtis@ci.orono.mn.us ® Corps of Engineers Project Manager (notice only): Ryan Malterud — Ryan.m.malterud@usace.army.mil ❑ BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.nm.us/aboutbwsr/workareas/WCA areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.nm.us/wetlands/wca/DNRaTEP 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: htip:Hfiles.dnr.state.mn.us/aboutdnr/dnr regions.pdf ➢For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asl2?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP -R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: BWSR Forms 7-1-10 Page 3 of 3 CR 146 Y/eKw bNe ry..1 A- CR is Crr!l Bay — Project Boundary CF 15 7 Lkl% V Lake Minnetonka Figure I - Site Location N 0 1,500 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota "M===� Feet Note: Boundaries indicated on this figure are approximate KJOLHAUGENVIRONMENTAL SERVICES COMPANY and do not constitute an Source: ESR1 Streets Basemap official survey product. Figure 2 - Existing Conditions N 0 250 L#v 6======1 Feet 1 jOLHAUG ENVIRONMENTAL SERVICES COMPANY Source: MnGeo, ESRI Imagery Basemap 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 REPLY TO ATTENTION OF REGULATORY BRANCH November 27, 2017 Regulatory File No. 2017-03708-MMJ Coldwell Banker Burnett c/o Brian Benson 201 East Lake Street Wayzata, MN 55391 Dear Mr. Benson: This letter is in response to your request for a Corps of Engineers (Corps) delineation concurrence, and an approved jurisdictional determination for an approximately 12.72 acre property located at 1400 Bracketts Point Road, in the City of Orono. The project site is in Section 11, Township 117 North, Range 23 West, Hennepin County, Minnesota. We have reviewed the 1400 Bracketts Point Road No Wetlands Determination Report, completed by Kjolhaug Environmental received October 13, 2017, and determined that the limits of aquatic resources on this parcel have been accurately identified in accordance with current agency guidance including the Corps of Engineers Wetland Delineation Manual (1987 Manual) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region. This concurrence is only valid for the review area shown on the enclosed Figures 1-2. We concur that the review area consists of upland, and does not contain any aquatic resources that are subject to Corps of Engineers jurisdiction. The rationale for this determination is provided in the enclosed Approved Jurisdictional Determination (AJD) form. If you object to this AJD, you may request an administrative appeal under Corps regulations at 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a completed RFA form to the Mississippi Valley Division Office at the address shown on the form. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received by the Division Office within 60 days of the date of the attached NAP. It is not necessary to submit an RFA form to the division office if you do not object to the determination in this letter This delineation concurrence, and AJD, may be relied upon for five years from the date of this letter. However, the Corps reserves the right to review and revise the boundary in response to changing site conditions, information that was not considered during our initial review, or off- site activities that could indirectly alter the extent of wetlands and other resources on-site. This determination may be renewed at the end of this period provided you submit a written request and our staff are able to verify that the determination is still valid. Regulatory Branch (File No. 2017-03708-MMJ) Thank you for your cooperation with the U.S. Army Corps of Engineers regulatory program. If you have any questions, please contact me in our St. Paul office at (651) 290-5363 or Melissa. m.jenny@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Ccs: Katherine Sylvia, MCWD Ben Carlson, BWSR Rob Bouta, KES Sincerely, Melissa Jenny Project Manager Page 2of2 ww-1 H% 11� CR 14L, Cry-1 A -- CR Is Project Boundary F.. S— 2017-03708-MMJ, Figure 1 CR1 5 CRIS k 11 ko a dw CR is V Lake Minnetonka Figured oAitedLocafion N 0 1,500 1400(BrackettscPointcRoadc(KES(2017-170) Orono,&Ainnesota 6mmmK==1 Feet h h NoAe: lAoundffie!hindicated h on tPishfigiAre are aplViolimate KjoLHAuGENVIRONMENTAL SERVICES CO M PANY and do ipot constitute an -w*ft--%Mme Source:(ESRIcStreets(Basemap official survey product. 2017-03708-MMJ, Figure 2 Figurec2o- ExistingcConditions N 0 250 S 6======1 Feet KjOLHAUG ENVIRONMENTAL SERVICES COMPANY Source: &4nGeo,rESRidmagery(Basem ap 1400d3rackettscPointd2oadc(KES(2017-170) Orono,Minnesota h h N(#e:1Aoundffiehindicated h on this figWe are aprpyyrnate and do ]pot coTtitute an official survey product. NOTIFICATIONeOFokDMINISTRATIVEo1PPEALcOPTIONSokNDcPROCESSokND REQUEST(FORo1PPE Applic t: Mr. Brian Benson File Number: 2017-03708-MMJ DJ: 11/27 2017 Attached is: See Section below INITIAL PR FFERED PERMIT Stand d ermi o Letter of Permission) A PROFFE D PERMIT (Standard Permit or -Letter -of -Permission) B PERMIT DE IAL C X APPROVED USDICTIONAL D TERMINATION D PRELIMINARY ISDICTIONAL DETERMINATION E SECTIONI& Tl e VlowAidentifies your rights and options regarding an administrativelfppeahof the abole gecAsionh Aditional information may be found at http://www.usace.army.mil/cecw/12ages/reg,ate ials.as x or Corps regulations at 33 CFR Part 331. A.aINITIAUPROFFEREDWERMIT: You may accept or object to the permit. h h hh h h h h, h h h h h hh h hh h h h • ACCEPTihI�yorhreceivec %Standhar JPermit, you may shgn bhe permit dcuhnent gnd hetur%it tohhg district en#,�neerhor final h h h authorizlion. Iihy%u received Ihettg of Kermi+n �LOE), youlfma accq the hOP andhyoufi works fiuthorhzq. Yoifl signatureI?n the Standard Re$nit orhaccgptance of the LOP meas that you accept the permit iii its entirehy, arhd vVive all rights to appeal the permit, including its terms and conditions, and approve jurisdictional determinations associated with the permit. h h h h h h h h h h h h h h h h h h h h h • OBJEFT: If ygu object to %e pegmit (§tandard %r LOP) Peh apse Sf cerfain berms Wnd fiondi ioNs Werein, you may r1questthat the h pern�t If modifigd yccjdinglyh You mist conipley ScWtifln M of t ii�forgr and rfitLWn tke fofim to the digrict gngineer. YoHr objegtignsh must bfhreceiKed by bhchdistr�ct engAnegr withig 60 dayshof the date o fithis firotice, or you yfill fcfifeihyour rightAo appWIAhe permit �r �re h future. URorhreceipthof Your le%erhthe disgict eflgiReer will evaluatfi 3Wurhobj ctions ndhmay: a) mocl fy the pern t tohad ress al of yob cogcernsil(N modify tlW permitjo addjess some gf yogr objectiorw, % (c) nohmodify bre pgrmithhav& determiged thl thg perflrit should be issued as preyliolrsly writtgnh After ehv�uating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B.mPROFFEREDWERMIT: You -may -accept or appeal the permit. h h hh h h h h, t i h h h h h hh h hh h h h • ACCEPTihIfiyothreceivec q Stan4riPermit, yofr may sign e pVmit dcuflrent gnd he"it topdistrict enjneer�or final h h h authorigion. I fiy%u received Ihettflr of termis�on hLOE), yougnaX accq the hOP andhyoufi works fiuthorheg. Yorfl siflnature pn the Standard Rerhmit orhaccgptance of t ie 40P meanVhat you accent the permit irgits entire% anc wahve all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. h h h h h h h h h h h h h h h h h h h h • AM AL: If y%u cho%e to clecl�re thelprgffered peignit (Standard qA LOP) kecause fpf pertain term and copttigns t Iereifl, yqp may h apqfal t1F JecVed perWit under q?e C%rps 9f EngAnqfrs AdmirisArat�ve Appall ProceV by c%nl#eting Spctilyn Ilhofhthishform and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PE"TcDENIA: you nay qppeal the dgpial cif j1pegmit undr the Corte of �ngirWers JdrinistratiNe hpgal Procgss by complgtirW Segiqp Ibof thishforrR and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVEDoIURISDICTIONALcDETERMINATION: You may acccpt or appeal the approved JD or provide new information. h h h hh h h hh h h h th hh h h h h h hh h hh • AC�EPTh Yg1u dcinot nefd Jp notify tl e ChoiysAo accepthan Wprovfid F. F�iliffe to nRtif� the Corp within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. h h h h h h h h h h h h h h h h h h h • APPff ,�,L: If you disagree hAhe hpproffed AD, you graappq&lAhe1?pproveq JD undefhthe �orpslpf ErWileers Adrgi*trttive Ap%eal Process lfy complegng WckorhII o fitNs fojm and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E. PREkININARYoWIWDICTIONA&cD"E"INATWW: You d�nothneeq to resppj to the CWP% h h h regarding thhelpreliminart JI�. Thelfrelimihnary JD is dot appealablH, If yflu wish, ygu may rflquesfian approvedhlD�which Way be appealed), by cflntflctiyp the Chorfls district fcfl further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTIONdIo, REQUESTaFORoA PPEALeDrd)BJE TIONS2 O dNI I (PR F E DaPE I REASTS(F91"PPEA.Lc9Rc0BJE�TI9NN (Desrhribe your seasons for lwp�aliRg the d�cisionl youbobjehctions t� ad initial h prolgfered perWithin clear concise stlftements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDtTt0NALdhNF0P3 AhTJ0N: Thiapieallis limited to alfeview of thfi adpnktrativ(hrecorc thS Corps merflofiandumdohthe h record of the aRpeal ctnferenclg orhmeeting,&ndhany,suppWrneital Wfoription that the Review o frcher �as detegmined is iheedfid tohclarify tke administriive record. We ther tlW appellant Rorhthe Corps may Vanew in�orlfnagon or analyse!hto the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. P I Td) dCONTCTaF R VEST ONS NF IO If you lwve fiues�ons regarding this decision and/or the appeal If you only have questions regarding the appeal process you may also process you may contact: contact: h h h h h h h h h h U. S.I k my Cl rps of Engineers, Regulatory Branch Administ4ve Apfleals Review Officer Attrh Melissa Jerry h Missl}ssippi NalleylpivisioR 18g E. 5h Strfiet, Ste. 700 P.O. Box 89 (1J00 Walnut Street) St. Paul, V 55101 Vick*urg, MS 39181-0080 Telephone (651) 290-5363 (601634-5821h (601) 634-5816 (fax) RIGHTIOF(ENTRY:hYgur AignatuW below grWntshthe ri4t �f egtry to I�orps ofhEngjpeejW plirsonnel,gifid Wny governgreRt cpsr�tants, to conduct invesljiga�onshof the prRiect site du�irW the coursfi ctl e alyeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date. Telephone number: Signature of appellant or agent. A PPRO V EDol URISDICTIONAL (DE TERMINATIONcFORM U.S.okrmycCorpswfcEngineers h h h h h h h h h h h h h h h h h h This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION(: o$ACKGROUNDcINFORMATION A.(o REPORTaCOMPLETIONd)ATEtFORcAPPROVEDoJURISDICTIONAL(DETERMINATIONQJD): 11/27/2017 h h h h h B.ao STd?AUL,tMNd)ISTRICTcOFFICE,(FILEcNAME,oANDcNUMBER: 2017-03708-MMJ, 1400 Bracketts Point Road C.m PROJECTd OCATIONokND(BACKGROUN INFORMATION:: State:MN County/parish/borough: ennepin City:IVrono h h h h h h lh h h h Center coordinates of site lat/long in degree decimal format): Lath44.953115° N, Lefig. h93.559823° W. Universal Trainverse Mercator:h h h h h X: 455841.450496, Y: 4977894.505084 Name ofnearest wate ibody: Mi fine paha h reek llhh Name of watershed or Hydrholggic Unfit Cade (HI Q: 071020606 h h h h h h Z Checkifnnap/ fliagrfim of feviemharea and/(N potgrtial iuri dictignal arfias hs/are availfible porhrequefit. h h h h h ❑ Check iflptlWr sit%�e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D.ao REVIEWcPERFQRMED(FORd�TEdVALUATIONgCIWCKokLLdrHATeAPPLY): ® Officfi (Desk) DeterrMnation. hPate: November 21, 2017 ❑ Field Determination. Date(s): SECTIONdI: oBUMMARYcOFcFINDINGS A.oRHA(;ECTIONd 0d)ETERMINATIONcOFoJURISDICTION. h h h h h h h h h h h h h h h h h It h There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. B.c CWA(;ECTIONol04d)ETERMINATIONcOFoIURISDICTION.o h h h h h h h h h h h h h h h h h h There are no"waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. SE C TIONdH: aC WAokNALYSIS A. TNWsokNDdVETLANDSokDJACENTcWOoTNWs: N/A B. CHARACTERISTICScOFdIRH3UTARYQTHATdScNOTcAdrNW)okNDcITSokDJACENTAWTLANDSc(IFokNY): N/A C. SIGNIFICANTaNEXUSd)ETERMINATION: N/A D. DETERMINATIONScOF JURISDICTIONAL(FINDINGS.drHEd;UBJECTdJVATERS/WETLANDSukREQCHECK(kLLo THATokPPLY): N/A E. ISOLATEDc]INTERSTATE ORdNTRA-STATE](WATERS,dNCLUDINGdSOLATEDdVETLANDS, THEdJSE,o DEGRADATIONcOR(DESTRUCTIONOFoWHICHaCOULDokFFECTdNTERSTATEaCOMMERCE,dNCLUDINGANY SUCH(WATERSc(CHECKokLLcTHATokPPLY): N/A F. NON-JURISDIkTION�,LoW,, TERS,#NCLUDINGdVV§TL#ND�(CHIFC*oN. ,La^TokPPAV: h h h h h ❑ If poteptial wetlffrWs here assTsed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers ❑ Other: (explain, if not covered above): SECTIONdVmDATAcSOURCES. h h h h h h h h h h h A.oSUPRORTINC#DATA.oDat#oreviewepcforoJMc(checkaalldhatmpplyo checked items shall be included in case file and, where checked and requested, ap ropr at ly r ference sourGes be ow): h h h h h h h W �r Ph �h h Yr h h h h ® Maps, pans, plots or plat stmitted bK or ob behf of the aVicHwconfaltant: §ee the h40%Brackets Point Road No Wetlands Determination R jpVr that was gul fitted by KES dated October 13, 2017. ® Data sheep preparfid/s4miled by or on behal fiof the applicant/consultant. ® OfficelfoncHrs with dad shqfts/glineation report. h ❑ gffice dyes not %nelyr ,%ith data sheets/delineation report. ❑ Data streets prepHred hype Corps: ❑ Coris navigabl%watershstudy: h z U.S. GeolflgicalhSurvey Hydrologic Atlas: ® USGSNOI#aW. h h ❑ USGS 8 and 12 digit HUC maps. h h h h h h h h ® U.S. Gheologic� Survey rrTp(s). Cite sc�e & qugd nWne: h h ® USDA Natural Resources Conservation Service Soil Survey. $itation: 1:24k Excelsior h h h lh h ® National w%tlands irfiventory nap(s). Cite name: USFWS, MN ❑ State/Local wfitland inventory map(s): ❑ FEMA/F�W maps:h h h h h h h ❑ 100 -year Flo dplam ElVation�s:h (Natiolfl Geodectic Vertical Datum of 1929) ® Photographs Aerial h (Name FSA 191-201 fi h or� Other (NMme * Dflte)hG(�ogle Eagh ❑ Previous determinatiorfi(s). jFile no. and date of response letter: ❑ Applicable/supportinglfase law:h ❑ Applifiable/supporging scifintific literature: ❑ Other information (please specify): h h h h h h h h h h s.oADDLTIRN*cCOMMTiiTSdrOWhUPPOR',dD: thllpfircel of4an( locz�ed at 1400 Vra(�cetts P(Ont Road, fis shown on the attached figures, consist wholly of upland and does not contain any aquatic resources. Southways —1400 Bracketts Point Road Conservation Design Application APPENDIX E Topographic Survey and Drainage Map Southways —1400 Bracketts Point Road Conservation Design Application APPENDIX F Proposed Grading Plan and Landscape Plan IN LOTS 52 61 9 AND 10, AND VACATED BORDER AVE. HENNEPIN COUNTY MINNESOTA 9 : denotes iron marker found (908.3)denotes existing spot elevations, mean sea level datum [�� denotes proposed spot elevation, n000n sea level datum ---Q17-denotes existing contour line, mean sea level datum � denotes proposed contour line, mean sea level datum denotes proposed rn�p|e /2'' min. din, 4O' apart, typ.\ /O1 toto|\ ` ' ` ' Other trees that may be considered are the following: Oak, Honey Locust, Hurd k4op|es` Ginkgo, and ooh. Bearings shown are based upon on oaounled datum. NOTE: Not all house nndn will be graded at this time, especially Lots 1 &c 2, Block 1. Proposed grades are shown to establish future building elevations. NOTE: Rood ditches and drainage ovvo|ee to be used as needed for infiltration/ filtration requirements of the Minnehoho Creek Watershed District. 930. \\\\\\||| 36 Lq (937,7 CA cr CA Cil 36-7.9B (-A L A MH o44 too/ RIM 50 PROPPSED DRIVE SETBACK AREA LINES (TYP) u-9*4.4'WALK �~ ��B-9,36.0 ' vo NK A\i�TF=8447 ��[[�j BLACKTOP 0) 94 9 DRIVEWAY � �� l � �GEN. BROWNS � \\ �� A/C 01ELEC,0 BOATWALK HOUSEAll STONECD STORM 88QMANHOLESANDBEACHBLACKTOPDRIVEWAYPROPOSEDDRIVEPLANTER938 3FEXISJING '37LOPOSSIBLE#1400 TER�ACEfo,\ HOUSEAREAZ N IdNCY, WALK 18" LOCUSTG-945.4 Bpc42Sr S1 IPS ul\\xx954NOTE: EXISTING BLACKTOP'" MH'12ROADWAY TO BE REMOVED00 WAUY 948BUILDING PROPOSED, UILDISETBACKDRIVE E -TB CKLO PROPO EDHOUSEDRIVEPOSSkE TF=951.7 " 794X 94\,\ \ 0 MHEXISTING E94 944VED TTS PO Coo X A B 94 01, MH 113' 942 64 LAKE 38 bp 34 36 OPOS QAn r, 'TONKA \_�\, \\ �_z MINNFJ 1_, - 7 9 3"' PP 928 I ZONING = LR 1—/\ TOTAL AREA = 13.78-+ ACRES GRONBERG & ASSOCIATES, IN CIVIL ENGINNERS, LAND SURVEYORS, LAND PLANNERS 445 NORTH WILLOW DRIVE LONG LAKE, IVIN 55356 952-473-4141 TENNIS COURT N 69 SMITHS BAY ` 934 - NOTE: EXISTING BLACKTOP—-""""` ROADWAY TO BE REMOVED BRACKETTS MH INV7924.4 PUBLIC ROAD) BLACKTOP TO BE REMOVED,,, SCJ DATE REMARKS I hereby certify that this plan, specification, or report PROJECTion, 17 GRADING PLAN was prepared by me, or under that I am a duly Licensed my direct supervi8and Land Surveyor under the DATE12-65- 9-18-1712-12-17 BOULEVARD LANDSCAPING PLAN laws of the State of Minnesota. 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Q7 D O Q) Q} o- U4 CD a) cz } O L U) _ L7 C3 0 a z uj Q Z W W 0 0 uj a U w a, a Q W W w W Of F C3 0 C) 0 LLJ L ' WM O PC Exhibit M 18-3998 BOLTON 2638 Shadow Lane Suite 200 & M E N K Chaska, MN 55318-1172 Real People. Real Solutions. Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com January 9, 2018 City of Orono Attn: Jeremy Barnhart 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application 18-3999 Southways Addition Engineering Review #1 Dear Jeremy: As requested, I have completed an engineering review of the documents submitted for the above referenced project. In addition, Adam Edwards has provided comments for inclusion with this review. We offer the following observations, comments, and recommendations for your consideration: 1.0 GENERAL: 1.1 Stormwater management for the site to meet regulatory requirements is proposed through use of wet retention basins. The following should be considered regarding the proposed system: a. Volume control and water quality measures must be provided as well to meet NPDES requirements. Plans should be revised to include volume reduction equal to 1" of runoff from the new impervious surface. If infiltration is considered infeasible, other methods of volume reduction must be considered. It appears that there are sufficient areas high enough above the water table to provide localized filtration practices or amended soils. Also, the overall estimate of Total Suspended Solids (TSS) and Total Phosphorus (TP) from proposed improvements must be reduced from pre -project conditions. Calculations detailing volume control and water quality compliance must be submitted for review and approval. If the applicant pursues a design with less than the normally required infiltration volume, sequencing of design to provide treatment to maximum extent practical must be provided. b. An Outlet Control Structure (OCS) that provides skimming must be installed on the wet retention ponds in order to keep floatables in ponds. The following should be considered regarding OCS design: i. The inlet pipe from the pond to the OCS should be submerged with back slope from the OCS to the pond to facilitate maintenance. The normal water level should be controlled by a weir in the structure or the outlet pipe. The inlet pipe should be one nominal size larger than the outlet pipe to limit flow control and turbulence at the pond interface. ii. A sloped rim should be utilized, per City Standard Details, with the bottom of the rim placed at the predicted 100 year high water level. iii. A trashguard should be installed on the outlet pipe. c. Wet retention basins must provide a minimum 1800 cubic feet per acre of drainage area. The stage -storage curves for permanent pools must be submitted for review to verify H:\ORNO\Ci3115486\z-18-3999_Brackets Point\Southways_PrePlatReview-1_2018-01-09.docx Bolton & Menk is an equal opportunity employer. Preliminary Plat Application 18-3999 Southways Addition Page 2 adequate storage is provided. d. A minimum 8' wide access bench along the top of the berm should be provided all the way around the pond to allow for inspection of outlets and future maintenance. e. The stormwater management plan should be revised as necessary to meet all requirements and resubmitted for review prior to Final Plat approval to ensure adequate siting is available for required facilities. 1.2 The condition of Bracketts Point Road to remain should be reviewed by the City and Contractor prior to any work, and the existing condition should be documented with pictures. After completion of work, the street should be reviewed for damage, and the Contractor should be required to repair any damage deemed to be caused by site work. 1.3 Work within public right-of-way must be coordinated with the Public Works Department. Contractor must provide a minimum 48 hour notice prior to any work being performed. Notes should be revised accordingly. 1.4 Final Plans must include a Storm Water Pollution Prevention Plan (SWPPP) that meets NPDES requirements. The plan should include a rock construction entrance, perimeter silt fence, inlet protection, and ditch checks in swales. For specific requirements, refer to the following link: htips://www.pca.state.mn.us/sites/default/files/wq-strm2-68a.p 1.5 A Demolition/Removals Plans should be included with Final Plans to ensure items slated for demolition are removed as proposed and required. The Removals Plans should include items north and south of the site to make the street connections. 1.6 Per the meeting of December 20th with the City, it is the City's understanding that the developer wishes to install a pressure system with lift station in lieu of what is depicted in the current plan set. A revised sanitary sewer plan must be submitted for review prior to final development approval. The plat should be revised to provide sufficient room for the lift station; including wet well, control panel and back-up generator; via the road ROW or a utility easement. The final design must conform to City standards and should include all pertinent City details. 1.7 The development will require the city to increase the capacity of Lift Station #9 which receives the sewage from the development area. The lift station is being remodeled/ rehabilitated this coming year. Larger pumps sized to handle the increased demand from the development is expected to add $1000 to the lift station projected. That difference should be borne by the developer. 1.8 For the sewer line designated to be abandoned all pipes must be removed or filled such that no subsurface voids remain. For sanitary manholes designated to be abandoned, the covers, rings, castings and any other structure must be removed to a minimum of 4 feet below the surface. The remaining structure must be backfilled to ensure no subsurface voids. This work should be indicated on the Final Removals Plan. 1.9 The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 1.10 The applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit should be submitted prior to any land disturbing activity. 1.11 The applicant will be required to obtain a Sanitary Sewer Extension permit from the Minnesota Pollution Control Agency. A final copy of the permit should be submitted prior to construction. 1.12 The applicant will be required to submit a Maintenance Agreement for all stormwater management structures and facilities. The agreement should define maintenance responsibilities following completion of project, specify types and frequencies of inspection H:\ORNO\C1311S486\z-18-3999_Brackets Point\Southways_PrePlatReview-1_2018-01-09.docz Bolton & Menk is an equal opportunity employer. Preliminary Plat Application 18-3999 Southways Addition Page 3 and maintenance activities, designate who will conduct inspection and maintenance activities, and outline reporting requirements. 1.13 Clear drive lanes must be maintained on Brackets Point Road during construction. The Contractor will have to exercise care during mobilization of equipment to not block traffic, and parking for construction workers should be restricted to on-site only. The Contractor should submit a Traffic Control Plan prior to any work. Access must be maintained to properties south of site at all times. Plan should be approved by Fire Department and/or applicable emergency services. 1.14 A final estimated cost of proposed improvements, matching approved plans, must be submitted in order to determine the total Letter of Credit (LOC) amount. The LOC must be written to 150% of cost of improvements and submitted prior to any land disturbing activities. Estimated costs should include grading, erosion control, utilities, street construction, vegetation management, buffer establishment, temporary stabilization, and final stabilization. 1.15 Development grading, including the storm ponds and drainage ways, should be completed prior to acceptance of the development and release of the escrow. In addition, a copy of MCWD approval for the Stormwater Management system should be submitted prior to issuing any Certificates of Occupancy. 1.16 Record drawings must be submitted upon completion of the project. 2.0 PRELIMINARY PLAT / SITE PLAN: 2.1 A Flowage and Conservation easement will be required over any wetlands to remain. 2.2 Drainage and Utility Easements should be provided as follows: a. Over all stormwater management facilities used to meet regulatory requirements. b. All swales and storm sewer providing drainage for multiple properties. c. 5' along all side lot lines, unless adjacent to Development boundary. d. 10' along all front lot lines, rear lot lines, and adjacent to Development boundary. 3.0 PRELIMINARY GRADING PLAN: 3.1 Perimeter erosion control should be installed by the Contractor and inspected by the City prior to any other work. Contractor must provide a minimum 24 hour notice prior to inspection. 3.2 Facilities necessary to meet regulatory requirements should be installed and the site mass - graded at the same time as street construction to ensure all drainage ways and watersheds are constructed per the approved Stormwater Management Plan. If done piece -meal, coordination of required stormwater management facilities can be difficult, and facilities required may be forgotten during future construction. 3.3 Pond emergency overflows should be provided at the predicted 100 year high water level and armored with Turf Reinforcement Mat (TRM). 3.4 Additional spots and revised contouring should be provided in several areas to ensure a minimum 6" Swale depth is provided for swales providing conveyance to wet retention ponds per the approved Stormwater Management Plan. These spot elevations should be confirmed with record drawings prior acceptance of development. 3.5 The grading adjacent to the road should be revised as necessary to provide a minimum 2' depth for the ditch in the rural section per the City Standard Detail or follow the curb line in the urban section. H:\ORNO\C1311S486\z-18-3999_Brackets Point\Southways_PreP1atReview-1_2018-01-09.docz Bolton & Menk is an equal opportu Preliminary Plat Application 18-3999 Southways Addition Page 4 4.0 PRELIMINARY STREET PLAN 4.1 A minimum 15" culvert should be provided under driveways and roads to limit potential for clogging. 4.2 Proposed curb should be indicated as B612 Curb and Gutter, and a detail should be provided with Final Plans. 4.3 Bituminous pavement should be saw -cut to full depth at connection to existing to provide clean match lines. Pavement at connection should match existing elevation and section. Final limits should be coordinated in the field with the City prior to any demolition work. 4.4 Pipe characteristics should be provided for all proposed storm sewer and culverts (i.e. invert elevations, diameter, length, slope, and material). Culverts under the roadway should be concrete. Provide minimum 2' cover. 5.0 PRELIMINARY LANDSCAPE PLAN 5.1 The Final Landscape Plan should include the following: a. Types and locations of proposed restoration. b. Abandoned road should indicated removal of pavement and restoration type. c. De -compaction of existing soils under removed impervious surfaces with 12" ripping depth prior to placement of topsoil. d. Areas disturbed by sanitary manhole removal. e. Restoration of the existing rain garden at the south street connection. f. Trees should be located so as not to interfere with drainage. In rural section areas, trees may need to be placed outside the right-of-way. If you have any questions or comments, please contact me to discuss. Sincerely, Bolton & Menk, Inc. Robert E. Bean, Jr., P.E. Water Resources Engineer CC: Adam Edwards, City of Orono H:\ORNO\C1311S486\z-18-3999_Brackets Point\Southways_PreP1atReview-1_2018-01-09.docz Bolton & Menk is an equal opportu PC Exhibit N 18-3998 From: Mark To: Jeremy Barnhart; "Charles Alcon" Subject: FW: 1400 Bracketts Point Road Date: Friday, January 05, 2018 10:59:46 AM Jeremy: Here are the responses from Hennepin County on the new subdivision and Shoreline Drive. From: Michael D Olmstead [mailto:Michael.Olmstead@hennepin.us] Sent: Friday, January 05, 2018 10:05 AM To: Jason D Gottfried <Jason.Gottfried@hennepin.us>; Mark <markg@gronbergassoc.com> Subject: RE: 1400 Bracketts Point Road Mark, I concur with Jason on his assessment for no County concerns at this time. The Permits Office may want to visit the contractor during construction for the possibility of placement of "Trucks Hauling" sign on Shoreline Drive, however we can visit that issue with them at that time. Mike Olmstead Permits Supervisor Hennepin County Transportation - Operations 612-596-0336 (office) https://roadpermits.co.hennepin.mn.us From: Jason D Gottfried Sent: Wednesday, January 03, 2018 2:27 PM To: Mark <markg(@gronbergassoc.com>; Michael D Olmstead <Michael.Olmsteadphennepin.us> Cc: Steven J Groen <Steven.Groen(@hennepin.us> Subject: RE: 1400 Bracketts Point Road Mark, Considering the limited scale of traffic increase I would say we have no concerns at this time. As this does not directly abut the county road there is no right-of-way to be requested. That being said, if the remainder of the peninsula here were to continue to subdivide/redevelop in the future an eastbound right turn lane may need further consideration. Mike can chime in if he has anything further to add from a permitting perspective Thank you for your consideration, Jason Jason Gottfried Transportation Planner Hennepin County Office: 612-596-0394 Email: Jason. Gottfried &hennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340-3410 From: Steven J Groen Sent: Wednesday, January 3, 2018 8:23 AM To: Mark <markg(@gronbergassoc.com> Cc: Jason D Gottfried <Jason.GottfriedPhen nepin.us>; Michael D Olmstead <Michael.0lmsteadPhennepin.us> Subject: FW: 1400 Bracketts Point Road Mark, I took a new position in 2016 and am no longer directly involved in these. The Permit Supervisor is Mike Olmstead, michael.olmstead(@hennepin.us or 612-596-0336. 1 am forwarding this to Jason Gottfried in our Planning Division, he is the proper person to send these too. Steve Groen Right of Way Use Manager I Transportation Operations Department Office: 612.596.0337 1 steven.groen(@hennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340-5421 Visit www.hennepin.us From: Mark[mailto:markg(cpgronbergassoc.comj Sent: Tuesday, January 02, 2018 8:39 AM To: Steven J Groen <Steven.Groen(@hennepin.us> Subject: 1400 Bracketts Point Road Steve: We are dividing up this property into 5 lots. The existing house will stay on one lot, the caretakers house will be removed for another lot and the neighbor to the north is buying the two adjacent lots (Lots 1 and 2, Block 1) to keep undeveloped for now. Thus, there will most likely be one additional house using the road for the nearby future. The question is will there be anything required further to the north at the intersection with Shoreline Drive for the small increase in traffic and potential additional increase in the future. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Locate & Notify 11400 Bracketts Point Road, Orono O Multi -input How to? PID: 1111723320020 Owner: JAMES R & MARY J JUNDT 174-, 1100 1�2a 1510.. Address: 1440 Bracketts Point Road Orono MN 55391 Buffer Distance: 1350 feet Clear Create: Mail Labels Mail List Map Spreadsheet c 1487. 1480 c 1480, w r& 14Q1 " 1200 Im Bracketts/Orono Point PC Exhibit O 18-3998 RUN DATE: 01/12/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 11-117-23 32 0010 ROGER D O'SHAUGHNESSEY 1265 BRACKETTS POINT RD ORONO MN 55391 ROGER D O'SHAUGHNESSEY 1265 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 32 0017 FERNDALE PROPERTIES LLC 1300 BRACKETTS POINT RD ORONO MN 55391 FERNDALE PROPERTIES LLC C/O CHRIS LAKE LAW FIRM 20840 PRAIRIE HILLS LA PRIOR LAKE MN 55372 38 11-117-23 32 0018 JULE M HANNAFORD IV ET AL 1220 BRACKETTS POINT RD ORONO MN 55391 JULE M HANNAFORD IV & ELIZABETH A HANNAFORD 1220 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 32 0019 R J STOCKTON & L STOCKTON 1280 BRACKETTS POINT RD ORONO MN 55391 RICHARD & LARISSA STOCKTON 1280 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 32 0020 JAMES R & MARY J JUNDT 1400 BRACKETTS POINT RD ORONO MN 55391 JAMES R & MARY J JUNDT 42486 109TH WAY SCOTTSDALE AZ 85262-5127 38 11-117-23 33 0005 MARK C & LAURIE S HEADRICK 1480 BRACKETTS POINT RD ORONO MN 55391 MARK C & LAURIE S HEADRICK 1480 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 33 0007 BRUCEPADDOCK 1450 BRACKETTS POINT RD ORONO MN 55391 BRUCEPADDOCK 1500 BRACKETS POINT RD WAYZATA MN 55391 38 11-117-23 33 0008 BRUCE PADDOCK ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 BRUCEPADDOCK 920 SHADY LA WAYZATA MN 55391 38 11-117-23 33 0009 BRUCE PADDOCK ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 BRUCEPADDOCK 920 SHADY LA WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. PC Exhibit P MINUTES OF THE 18-3998 ORONO PLANNING COMMISSION MEETING Monday, October 16, 2017 6:30 o'clock p.m. Landgraver commented the Planning Commission knew people would be encouraged to maximize the housing space and then come back for a hardcover variance when the City approved the 7.5 side setback and the 20 percent structural coverage limit. Thiesse noted the hardcover is being reduced in this case. Landgraver stated one of the positives with the proposal is that the applicants are reducing the hardcover on the lot. Landgraver agreed that Shadywood Road is dangerous to back out on and that the turnaround space is necessary. Lemke moved, Leskinen seconded, to recommend approval of Application No. 17-3978, Alexander Design Group on behalf of Travis Hansberger, 1720 Shadywood Road, granting of a rear setback variance, a hardcover variance, and lot area and lot width variances. VOTE: Ayes 6, Nays 0. 11. #17-3977 BRIAN BENSON ON BEHALF OF JIM AND MARY JUNDT, 1400 BRACKETTS POINT ROAD, SKETCH PLAN, 9:45 P.M. —10:05 P.M. Brian Benson, Builder, was present. Barnhart stated before the Planning Commission is a sketch plan proposal for a 5 -lot single family residential development. The property consists of 13.78 acres and lies near the southern end of Brackets Point Road. The purpose of the sketch plan review is to obtain the feedback from the Planning Commission on some of the issues associated with developing this piece of property. The main issue is the access to the site. Bracketts Point Road enters the property at the north end and then cuts to the west side. Within Bracketts Point Road is an existing sanitary sewer line that serves the area. The property owner is proposing to vacate the road, relocate it to the interior of the site, retain the existing sanitary sewer line and protect it with an easement with specific site improvements to protect access. The southern end is proposed as a cul-de-sac, with separate drives to maintain access to the private road. Barnhart stated the main policy question is whether shifting the road into the interior of the property is acceptable. Staff will continue to make sure that emergency vehicle access is maintained. Barnhart noted by virtue of adding four new lots onto the subject property, traffic will increase on Bracketts Point Road and will also impact its connection with Shoreline Road to the north. Input from the County is necessary to determine whether any improvements are necessary at this intersection. The proposal to relocate the road to the interior of the road will help remove hardcover within the lake yard of proposed Lots 3, 4, and 5. The other issue is the establishment of average lakeshore setback. When new lake lots are created, the average lakeshore setback needs to be established at the time of subdivision. It is Staff's belief that the existing sanitary sewer line will be adequate to service the additional homes but that will need to be verified. Lastly, a Conservation Design Plan will need to be completed. A number of trees will need to be removed to facilitate the road realignment and house construction. Page 29 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2017 6:30 o'clock p.m. Barnhart noted this project has been designed with the intention of following city ordinances in terms of lot size, lot frontage, and things of that nature. Barnhart stated at the present time no variances appear to be necessary. Thiesse stated he sees this as a Lakeview type development where it is quite critical that everything be met. Thiesse asked what the ramifications are with relocating the road. Barnhart pointed out there are property owners that are not part of this subdivision who may want to retain the access as it is now. Thiesse stated he was thinking on the north end. Barnhart illustrated the path of the proposed roadway, noting that the existing lots would still maintain their access. City Administrator Rief asked if the road would remain public after it is moved. Barnhart indicated it would. Landgraver asked what the pros and cons are of leaving the sewer line where it is. Barnhart stated the cost to relocate the sewer line would be pretty expensive. Thiesse stated the City would need to have vehicular access to that area. Rief stated one of the concerns with moving the sewer line is the need for lift stations. Landgraver asked if there is any additional maintenance cost with leaving the septic line. Barnhart stated having the road as access makes it easier and that there will probably be some additional impacts but that the City Engineer has reviewed it briefly and did not raise any concerns with relocating it. Leskinen commented having the road go down the middle might be better for the lake since it would help with salt runoff and hardcover. Barnhart stated having the road by the lake also provides some benefit to the area in terms of lake views. Chuck Alcon stated since they submitted their plan, they have met with the fire chief, which led to the basis of the radius of the cul-de-sac. The road would also improve emergency vehicles access. Alcon stated they also met with LMCD staff, and since there will be no marina, each property owner will be responsible to permit their own docks on their lakeshore. Alcon indicated they also met with the MCWD staff, and they are eager to get the road off the lakeshore. The proposal is to maintain the sewer line and provide an easement using grass pavers so the maintenance trucks can get down there. Page 30 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2017 6:30 o'clock p.m. A wetland delineation has been completed and that has been submitted to the Minnehaha Creek Watershed District. Alcon indicated they will have that information for the preliminary plat. Attempts have been made to contact the property owners in the area and that those attempts have not been successful at the present time. Alcon indicated they will continue to make attempts to contact them. Alcon stated shifting of the road improves the lake quality and that they will contact Hennepin County as far as the additional traffic going onto County Road 15. Onsite ponding and infiltration are the current concepts for the stormwater management onsite and sanitary sewer capacity calculations will be provided at the time of preliminary plat. Sanitary sewer maintenance access will be along the existing roadway area but with grass pavers. The grass pavers will accommodate up to 88,000 pounds. Alcon noted a Conservation Design Plan is required and that they will provide that at preliminary plat. Alcon stated the two major items are relocating the road, which will help the lake quality, and then maintaining the sanitary sewer. No new lift stations are required and quite a bit of hardcover will be removed down near the lake. Alcon noted water will be provided via private wells and the underground storage tank that was for fire protection will be removed because the fire chief has indicated he would not use it. Lemke asked if there are any issues with the grass pavers. Alcon stated to his knowledge there are not and that Mark Gronberg is the surveyor on the project and he has used them in the past at the Long Lake Library. Thiesse encouraged him to get in touch with the neighbors. Brian Benson noted they have a meeting scheduled with the owner who owns two of the three lots on Monday and that they have also reached out to a couple of other people but have gotten no response. Another neighbor asked whether the main house is staying and the other family is moving. Alcon noted the 45 -foot radius continues on through the corner and connects into the private road as opposed to the curved hammerhead. Schoenzeit asked how the proposed grading for the homes will compare to what is there. Alcon stated they will be custom graded lots. Benson stated they might do a custom grading plan for Lot 5 since it is low and flat. Schoenzeit asked if these homes will have foundations or be slab on grade. Benson indicated Lot 2 would be a walkout, Lot 3 would be a walkout, Lot 4 might be a lookout, and then Lot 5 will likely need to be built up. Benson stated they are waiting to get feedback from this meeting and then they will explore that a little bit more. Alcon stated all that information will be provided at the time of preliminary plat. Page 31 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2017 6:30 o'clock p.m. Landgraver asked what the rough square footage of the homes will be. Benson stated the lots would be sold to end buyers and they would work with the City on their individual building plans. Benson stated they are not planning on having any architectural covenants placed on the property but that there would be an association for the pond. Alcon stated the association will probably have some architectural control. Lemke asked if an easement for the sewer connection will be needed for Lot 1. Alcon stated the necessary easements will be provided. The Planning Commission took no formal action on this item. 12. UPDATE ON CITY COUNCIL MEETINGS HELD ON SEPTEMBER 25, 2017, AND OCTOBER 9, 2017 None 13. OTHER ISSUES FOR DISCUSSION None PLANNING COMMISSION COMMENTS Lemke asked whether anything can be done when the Planning Commission is deadlocked. Barnhart stated according to the code, the Planning Commission has to provide a recommendation. Leskinen noted typically there are an odd number of commissioners and would not be a problem. ADJOURNMENT Leskinen moved, Schoenzeit seconded, to adjourn the Orono Planning Commission meeting at 10:08 p.m. VOTE: Ayes 6, Nays 0. ATTEST: John Thiesse, Chair Page 32 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2017 7:00 o'clock p.m. 21. #17-3977 BRIAN BENSON AND CHUCK ALCON ON BEHALF OF JIM AND MARY JUNDT, 1400 BRACKETTS POINT ROAD, SKETCH PLAN Barnhart stated this is a sketch plan proposal for a 5 -lot subdivision of 400 Bracketts Point. The existing house will remain but the other structures will be removed. The project is proposed to meet all minimum development standards, including lot size, width, etc. The plan also proposes to relocate Bracketts Point Road from the edge of the water on the west side of the parcel and run it along the interior of the site. The public Bracketts Point Road will terminate in a cul-de- sac at the south end of the site. A private drive will then connect to the existing private rackets Point Road to serve the three lots at the southern end of the point. The existing sanitary sewer easement within the road will remain and be protected by an easement. Staff prefers this option over the option that was presented at the Planning Commission meeting. The property is subject to the Conservation Design ordinance. Printup asked if the City would want to keep the road private or public. Barnhart stated since the road would serve five homes, it would be preferred that the road be public. Chuck Alcon, Developer, stated at the recommendation of the Planning Commission, they have contacted the neighbors in the area. There are eight PIDs involved, and five of those property owners have been contacted and are not opposed to the project. The other three will be contacted in the near future. In addition, they have also met with the Watershed District, the LMCD, and the fire chief. Alcon stated the two major improvements they are looking to accomplish is to move the road away from the lakeshore, which removes the hardcover in that area, and eliminating the hammerhead in favor of the cul-de-sac, which meets the requirements of the fire chief. Walsh stated relocating the road away from the water is a positive improvement. Walsh commented they did a great job when they renovated the house and that he assumes they will do a great job on this project. Crosby asked what the rule of thumb is for having the road become a private road. Barnhart stated the Code outlines when a road should be private or public and it is usually determined by the number of homes on it. The road will serve eight or nine different properties, which supports the need for a public road. Walsh asked what the preference of the owner is. Alcon indicated they are proposing it as a public road and that there will be four new lots and one existing. Each lot will have their own well. Alcon noted they will be having a series of meetings with Staff and that they are still at the sketch plan phase. Dankey asked if it would be very expensive to relocate the sewer line. Page 1 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2017 7:00 o'clock p.m. Barnhart indicated it would be not be a cost the City would bear and that the applicant would need to assume those costs. Barnhart stated when you look at the challenges of accessing a sewer pipe in 21. #17-3977 BRIAN BENSON AND CHUCK ALCON ON BEHALF OF JIM AND MARY JUNDT, 1400 BRACKETTS POINT ROAD, SKETCH PLAN — Continued someone's lake yard, it might be better from a salability standpoint to have a property unencumbered by an easement and Staff's recommendation is to relocate it. Edwards stated the Public Works Department would need to access the manhole annually to clean the pipes out and whoever owned that property would not want the City driving through their yard each year. Alcon stated they have not looked at the engineering at this point but the objective would be to connect further up the private road and then gravity feed down to the existing lift station. Dankey asked about access onto County Road 15. Alcon indicated they will be discussing that with Hennepin County. The City Council took no formal action on this item. MAYOR/COUNCIL REPORT Seals stated Staff has been working really well with the Minnehaha Creek Watershed District and that she is excited to see what the Big Island Committee and the Watershed District can do together. Seals stated the next step is developing the mini master plan. Printup noted Bracketts Point used to be called Starvation Point 100 years ago. Dankey wished everyone a happy Thanksgiving. Crosby thanked the veterans and their families for their sacrifices. Walsh stated he would echo Council Members Dankey's and Crosby's comments. Walsh noted the Park Commission will be bringing a number of items before the City Council in the near future and that the City will continue to improve the parks. CITY ADMINISTRATOR'S REPORT 22. RESOLUTION SUPPORTING ORONO PARKS, GREEN SPACES, PLAYGROUNDS AND TRAILS IN PERPETUITY — RESOLUTION NO. 6810 Rief stated he would recommend approval of the resolution and that it shows a commitment by the City to the 456 acres of city parks and the land on Big Island. Rief stated the parks help improve the quality of life in Orono. Printup moved, Seals seconded, to adopt RESOLUTION NO., a Resolution Supporting Orono Parks, Green Spaces, Playgrounds, and Trails in Perpetuity. VOTE: Ayes 5, Nays 0. Page 2 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2017 7:00 o'clock p.m. CITY ATTORNEY REPORT Mattick stated he had nothing to report. ADJOURNMENT Printup moved, Seals seconded, to adjourn the Orono City Council meeting at 9:18 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 3 of 3 PC Exhibit Q 18-3998 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 James Jundt 1400 Bracketts Point Road, Orono 10/13/2017 W17-46 Complete ® 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: 12/11/2017 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): James Jundt has applied for a wetland boundary & type- no wetland confirmation for 1400 Bracketts Point Road (PID 1111723320020) in the City of Orono, Hennepin County, Minnesota. Legal description: Section 11, Township I I7N, Range 22W. The boundary & type approval was requested October 13, 2017. A wetland delineation was conducted by Kjolhaug Environmental Services on September 27, 2017. A complete delineation report and WCA application were submitted to MCWD on October 13, 2017. No Wetlands were delineated within the project area. MCWD reviewed the study area in the field on November 7th, 2017. MCWD was in agreement with the no wetland determination. MCWD approves the no wetland determination as documented in the delineation report submitted on October 13, 2017 and delineated in the field on September 27, 2017. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Name Title Katherine Sylvia Withdrawal (sq. ft. or nearest Signature Date Phone Number and E-mail 01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Katherine Sylvia Permitting Program Lead Signature Date Phone Number and E-mail 12/12/2017 (952) 472-2855 ksylvia@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ❑ Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and $0 fee (if applicable) to: Send petition and $500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka, MN 55345 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski- Stacey.hjewski@hennepin.us ® BWSR TEP member: Ben Carlson — ben.carlson@state.mn.us ❑ LGU TEP member (if different than LGU Contact): ❑ DNR TEP: ❑ DNR Regional Office (if different than DNR TEP member): Becky Horton — becky.horton@state.mn.us ❑ WD or WMO (if applicable): ® Applicant (notice only) and Landowner (if different): Brian Benson - bkbenson@cbburnet.com ® Members of the public who requested notice (notice only): Rob Bouta - robb@kjolhaugenv.com, Melanie Curtis — mcurtis@ci.orono.mn.us ® Corps of Engineers Project Manager (notice only): Ryan Malterud — Ryan.m.malterud@usace.army.mil ❑ BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.nm.us/aboutbwsr/workareas/WCA areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.nm.us/wetlands/wca/DNRaTEP 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: htip:Hfiles.dnr.state.mn.us/aboutdnr/dnr regions.pdf ➢For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asl2?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP -R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: BWSR Forms 7-1-10 Page 3 of 3 Coldwell Banker Burnett c/o Brian Benson 201 East Lake Street Wayzata, MN 55391 Dear Mr. Benson: This letter is in response to your request for a Corps of Engineers (Corps) delineation concurrence, and an approved jurisdictional determination for an approximately 12.72 acre property located at 1400 Bracketts Point Road, in the City of Orono. The project site is in Section 11, Township 117 North, Range 23 West, Hennepin County, Minnesota. We have reviewed the 1400 Bracketts Point Road No Wetlands Determination Report, completed by Kjolhaug Environmental received October 13, 2017, and determined that the limits of aquatic resources on this parcel have been accurately identified in accordance with current agency guidance including the Corps of Engineers Wetland Delineation Manual (1987 Manual) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region. This concurrence is only valid for the review area shown on the enclosed Figures 1-2. We concur that the review area consists of upland, and does not contain any aquatic resources that are subject to Corps of Engineers jurisdiction. The rationale for this determination is provided in the enclosed Approved Jurisdictional Determination (AJD) form. If you object to this AJD, you may request an administrative appeal under Corps regulations at 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a completed RFA form to the Mississippi Valley Division Office at the address shown on the form. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received by the Division Office within 60 days of the date of the attached NAP. It is not necessary to submit an RFA form to the division office if you do not object to the determination in this letter This delineation concurrence, and AJD, may be relied upon for five years from the date of this letter. However, the Corps reserves the right to review and revise the boundary in response to changing site conditions, information that was not considered during our initial review, or off- site activities that could indirectly alter the extent of wetlands and other resources on-site. This determination may be renewed at the end of this period provided you submit a written request and our staff are able to verify that the determination is still valid. `i 3 ?U1 i CITY OF OROJO PC Exhibit R DEPARTMENT OF THE ARMY _ _ ST. PAUL DISTRICT, CORPS OF ENGINEERS 18-3998 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 REPLY TO ATTENTION OF REGULATORY BRANCH November 27, 2017 Regulatory File No. 2017-03708-MMJ Coldwell Banker Burnett c/o Brian Benson 201 East Lake Street Wayzata, MN 55391 Dear Mr. Benson: This letter is in response to your request for a Corps of Engineers (Corps) delineation concurrence, and an approved jurisdictional determination for an approximately 12.72 acre property located at 1400 Bracketts Point Road, in the City of Orono. The project site is in Section 11, Township 117 North, Range 23 West, Hennepin County, Minnesota. We have reviewed the 1400 Bracketts Point Road No Wetlands Determination Report, completed by Kjolhaug Environmental received October 13, 2017, and determined that the limits of aquatic resources on this parcel have been accurately identified in accordance with current agency guidance including the Corps of Engineers Wetland Delineation Manual (1987 Manual) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region. This concurrence is only valid for the review area shown on the enclosed Figures 1-2. We concur that the review area consists of upland, and does not contain any aquatic resources that are subject to Corps of Engineers jurisdiction. The rationale for this determination is provided in the enclosed Approved Jurisdictional Determination (AJD) form. If you object to this AJD, you may request an administrative appeal under Corps regulations at 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a completed RFA form to the Mississippi Valley Division Office at the address shown on the form. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received by the Division Office within 60 days of the date of the attached NAP. It is not necessary to submit an RFA form to the division office if you do not object to the determination in this letter This delineation concurrence, and AJD, may be relied upon for five years from the date of this letter. However, the Corps reserves the right to review and revise the boundary in response to changing site conditions, information that was not considered during our initial review, or off- site activities that could indirectly alter the extent of wetlands and other resources on-site. This determination may be renewed at the end of this period provided you submit a written request and our staff are able to verify that the determination is still valid. `i 3 ?U1 i CITY OF OROJO Regulatory Branch (File No. 2017-03708-MMJ) Thank you for your cooperation with the U.S. Army Corps of Engineers regulatory program. If you have any questions, please contact me in our St. Paul office at (651) 290-5363 or Melissa. m.jenny@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Ccs: Katherine Sylvia, MCWD Ben Carlson, BWSR Rob Bouta, KES Sincerely, 4�� Melissa Jenny Project Manager U. 'V1: D DEC 'I 3 6A � Page 2 of 2 CITY Or ORONO 2017-03708-MMJ, Figure 1 CR 14 (u. Stint Nem •itt; CR 14% C9 I t C'Jstat baY Project Boundary Figure I - Site Location N 0 1,500 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota 7 Feet R '"': C'E- r V E D Note: Boundaries indicated 4 on this figure are approximate KjoLHAuGENVIRONMENTAL SERVICES COMPANY DDEC, '13 and do not constitute an official survey product. Source: ESR1 Streets Basemap CITY OF UR-UIAC) 2017-03708-MMJ, Figure 2 Figure 2 - Existing Conditions N 0 250 6wmm=:==J Feet KJOLHAUG ENVIRONMENTAL SERVICES COMPANY Source: MnGeo, ESRI Imagery Basemap 1400 Bracketts Point Road (KES 2017-170) Orono Minnesota Note: Boundaries indicated on this figure are approximate DEC13 Z U ,l ! and do not constitute an official survey product. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mr. Brian Benson File Number: 2017-03708-MMJ Date: 11/27/2017 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htt:/iw-�Nw.usace.armv.mil(cecw/ a es/rea materials.as x or Corps regulations at 33 CFR Part 331. A. INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approve jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. r C+NED GEC 1 3 'ZUl I CITY OF OIRONO SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may also process you may contact: contact: U. S. Army Corps of Engineers, Regulatory Branch Administrative Appeals Review Officer Attn: Melissa Jenny Mississippi Valley Division 180 E. 5h Street, Ste. 700 P.O. Box 80 (1400 Walnut Street) St. Paul, MN 55101 Vicksburg, MS 39181-0080 Telephone (651) 290-5363 (601) 634-5821 (601) 634-5816 (fax) RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. F CITY OF ORO[`0 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 11/27/2017 B. ST PAUL, MN DISTRICT OFFICE, FILE NAME, AND NUMBER: 2017-03708-MMJ, 1400 Bracketts Point Road C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:MN County/parish/borough: Hennepin city: Orono Center coordinates of site (tat/long in degree decimal format): Lat. 44.953115° N, Long. -93.559823° W. Universal Transverse Mercator: X: 455841.450496, Y: 4977894.505084 Name of nearest waterbody: Mirtnehaha Creek Name of watershed or Hydrologic Unit Code (HUC): 0701020606 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: November 21, 2017 ❑ Field Determination. Date(s): SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are no"waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs: N/A B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): N/A C. SIGNIFICANT NEXUS DETERMINATION: N/A D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): N/A E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): N/A F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers ❑ Other: (explain, if not covered above): SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consuttant: See the 1400 Brackets Point Road No Wetlands Determination Report that was subitted by KES dated October 13, 2017. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. : C u - �� ❑ Data sheets prepared by the Corps: Lr ;Sr ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. DEC 13 Z I i ❑ USGS 8 and 12 digit HUC maps. CITY Or OROi40 ® U.S. Geological Survey map(s). Cite scale & quad name: ® USDA Natural Resources Conservation Service Soil Survey. Citation: 1:24k Excelsior ® National wetlands inventory map(s). Cite name: USFWS, MN ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): FSA 1991-2016 or ® Other (Name & Date): Google Earth ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: the parcel of land located at 1400 Bracketts Point Road, as shown on the attached figures, consist wholly of upland and does not contain any aquatic resources. sfIE ` iJV it 2 CITY OF ORONO DEPARTMENT OF NATURAL RESOURCES Minnesota Department of Natural Resources Central Region 1200 Warner Road St. Paul, MN 55106 January 9, 2018 City of Orono Attn: Laura Oakden 2750 Kelley Parkway Orono, Minnesota 55356 Re: Proposed vacation of a portion of the right of way at 1400 Brackets Point Road Dear Ms. Oakden, PC Exhibit S 9CEIVED 18-3998 JAN 1 6 2010 CITY OF ORONO Thank you for seeking input from the Department of Natural Resources regarding the proposed vacation of the right of way of a portion of 1400 Brackets Point Road in Orono. Your letter was forwarded to me to review and provide comments as required by M.S. 412.851. M.S. 412.851 indicates that "No vacation shall be made unless it appears in the interest of the public to do so." In response, "The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so, (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources." The DNR has reviewed the proposed vacation of Brackets Road abutting the public waters of Lake Minnetonka in the city of Orono, and we offer the following comments: Although the proposed vacation request does not state how it will serve a public benefit, relocating the road away from the shoreline could serve to mitigate impact to public waters by removing impervious surface close to the lake and reduce water runoff. In summary, the Department of Natural Resources is not opposed to the vacation. If you have any questions or concerns about this letter, please contact Nancy Spooner -Mueller, with DNR Parks and Trails Division, at Nancy.spooner-mueller@state.mn.us. You may contact her by phone at 651-259-5874. Thank you for the opportunity to comment on the proposed vacation. Sincerely, x6l�'X_ Keith Parker Central Region Director Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Cc: Nancy Spooner -Mueller, Division of Parks and Trails Minnesota Department of Natural Resources • Central Region 1200 Warner Road, St. Paul, MN 55106 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner LLO Date: February 20, 2018 Item 3 Subject: #LA18-000001, Allen Merrill, 1161 Elmwood Ave, Right of Way Vacation of Grand View Avenue, Public Hearing Application Summary: The applicant is requesting the City of Orono to vacate an unimproved platted right of way. Staff Recommendation: Planning Department Staff recommends denial. Background Allen Merrill of 1161 Elmwood Avenue is requesting to vacate the unimproved right of way that is directly abutting his property to the north of his rear lot. The right of way was originally a product of the Skarp & Lindquist's Fernhill plat. The applicant is requesting to vacate the right of way east from its intersection with Elmwood, approximately 135' by 20' feet. Mr. Merril desires to vacate the right of way gain a wider parcel to match the front of his lot. Exhibit D is the submitted project narrative. There is currently a lift station located in the Elmwood right of way just south of this unimproved right of way. The public works department is planning to place a generator in the area to support power to the list station. Attaching in Exhibit B shows the proposed location of the generator which in the east corner of the Grand View Ave right of way and the utilities improvements that would be needed. There is currently sanitary sewer that runs through the right of way as see in Exhibit B. There is some black top improvements over part of the area which functions as a turnaround area for vehicles and helps with space for snow removal. Applicable Regulations: MN State Statute 412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a #LA18-00001 February 20, 2018 Page 2 of 3 right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources. MN State Statue 462.358 Subd. 7. Vacation. The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Engineer/ Public Works Director Comments The right of way in question is in use for existing utilities and there are proposed future utilities plan for this space in the near future. Current plans have the generator at the far east end of the ROW. The west end of that ROW functions as a turnaround for the road since a cul-de-sac is not present. While there may be some benefit to the public in the future to adjust the right of way through a land swap to accommodate the improvements including the pavement outside of the right of way, that proposal has not been presented or proposed. If vacated, the city would need a utility and access easement possibly over the entire area. Staff Analysis This unimproved platted right of way has sanitary sewer located within the right of way. There is a utility project planned for the spring of 2018 to install a generator in the right of way. The area has some black top improvements which function as a turnaround for neighbors, delivery trucks, and public works vehicles. Approving this request would conflict with the City Code which stated we shall only vacate right of way if there are no utilities located in the space. Approving this request would also conflict with MN State Statute which stated a vacation should be done if it is in the interest of the public. With the current utilities there is public benefit with keeping the right of way. #LA18-00001 February 20, 2018 Page 3 of 3 Public Comments Neighbor comments were submitted showing support for the vacation. Staff also received verbal concerns about the need to provide adequate turnaround options in the area but a written comment was not submitted. Issues for Consideration 1. Does this request meet the City Code and/or State Statue requirements for approval? 2. Would approving this action affect any utilities? 3. Are there any issues or concerns with this application? Planning Staff Recommendation Staff recommend denial of this application because it does not meet the standards of the City Code or State Statue. If the Commission/ Council finds evidence for approval the city utilities in the area will need to be addressed to stay protected; staff suggests a drive, utility access and maintenance easement be required and recorded. List of Exhibits Exhibit A. Area Map/ Site Plan Exhibit B. Utility Maps Exhibit C. Original Plat Exhibit D. Project Narrative Exhibit E. Comments received from the public Exhibit F. Property Owners List and Map Hennepin County Property Map ' 4k- tf=" Date: 2/13/2018 h`5`I Proposed to be Vacated r� r r r ym I F u� �ti ■ No results 1 inch = 50 feet Comments: 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 COPYRIGHT © HENNEPIN COUNTY 2018 AS BUILT SURVEY FOR RICK SUNERG OF LOTS 9 AND IS, SKARP AND LINDQUIST'S FERNHILI.. HENNEPIN COUNTY, MINNESOTA EMS GARAGE t 2- 0 � ,f , .. ... . . ... ... It P!j �441 4. (EY C3 I .—GOAN XISTING HOUSE D (A) ftl 16 1 14 e AV F�WJE_ WU- y Uj (DI P-16ASJRED LU L 04 v [44 j _02 P -16A JRE() IC34 1 T_ �Ah 4� Z ' 41 , _� j, (F) Q > Uj L qZ679431- IL Z-) C11I SCRIPTION OF PREMISES SURVEYED: I - IS z 18, SKARP AND LINDQUIST'S FERNHILL r shows the boundaries of the above described property and topography 6 J 50 feet outside the lot, and the vocation of an existing mouse, hardcover G les of adjoining houses thereon, It does not purport to show any other (a nts or encroachments 0 20 40 80 siker found arker set )s existing contour ane SCALE IN FEET iovin are based upor. an assumed datum listance shown on plat of SKARP AND LINDQUIST'S FERNHILL CA12 WASFAEPAR' 0 BYLIE OR ;j!.ZL:A#Ay Gii stj;Frv..-ii7.tw-iD raw RONBERG & ASSOCIATES, INC. T PA! I AM A VAY L: ONSULIMIG EN 3MEERS, LAND SUnevEyoRS, SITE PLANNIMS 445 NORTH W. -LLV*V OWE, LON3 LAKE, 11145365 7.2346 '10 962473-4141 CATS A131*1 111 18-12119 60 D7 3 .95.E7,U0 fi y •fOL'+�rag =� YJ ZS 8E ® Z m1 3 ] V CIOOMW�d 19 Nt.Ga.CLOOsIL 0 S i cnUcncL < fle C6 Ul Sy 1 Q G .--.oyk, �� •TIL 1 f � 1 ® Lu g y mom Lu e Q7 / �1r 1ZL 7+ ..�! 10ca Z co a o LU d' 16 co O LL ��cy �u pyo C 0 J(' G ^ i'u! 111 m '��' - E p I ca L3 Cf BSG ,h Vir _ :- •, `.\ W Z teas _o. ami mO _.... _ldg¢ b' w r��0 C-0 a y a z lt! M. 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F Sanitary Pipe (MCES) ' Sanitary Service Pipe _ = Sanitary Forcemain — Sanitary Forcemain (MCES) � � City Limits 4 w_ ,� ❑ Parcels (11/1/2017) qwqp 4- - - W a Map Name 4 _�: _ Lk'' _i "^ c P , •T Disclaimer: This drawing is legally BOLTON neither a recorded map nor a survey and is not intended to be used as one. This 0 35 Feet & M E N K drawing is a compilation of records, information, and data located in various city, county, and state offices, and other © Bolton & Menk, Inc - Web GIS 2/13/2018 3:26 PM Real People. Real Solutions. sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not re--ihlc f—nv hcr.m--incd Lift Station #20 Backup Generator lay out R 4.:maw r Lift Station #20 Graveled Access to Generator - f Proposed a Generator Site i i pE- i _ Power and control Cabling and, Natural Gas Line f i °A E � v .« � o ,�V �i��, k _*SRL _ �` ,• k, ��i- w } — ��. 721" 0VAQ&Vt/\.kt, ed a Q C�71_,.V, .1� Know all men by these presents- That we, Hannah Johnson (unmarried); owner and proprietor, and mortgagee of the following described property, 1 ing in the County of Hennepin and State of(. innesota, to wit; Commena ng at the point where the East and West quarter section and line of Section seven (7), Township one hundred Aseventeen (117 north, Range twenty- three (231, west of the Fifth (5th) Principal Meridian intersects the center line of the County Road laid out through h e Southeast quarter (S.E. 1/4) of th6 Northeast :Darter (N. E. 1/4) of said section, thence West along said quarter section line Five hundred and twenty (520) feet to a point where said line intersects the shore of Forest Lake, thence Northwesterly along the said shore Five hundred and twenty-eight and 65/1000525 65/100) - feet to a point where said shore intersects the Pest line of the Southeast quarter (S.E.1/4) of the North- east quarter (N.E.1/4) of said section, thence North along said line One hundred and sixty-two and 6/10 (16 2 6/10) feet, thence East parallel with said East and West quarter section line to a point where said line intersects the center lime of the aforesaid County Road, thence Southeasterly along said center line to place of beginning -have caused the same to be surveyed . and platter as: "Skarp and Lin:dquist's FPrr_- hill, Lake Minnetonka" as shown by the annexed plat. And we hereby donate and dedicate to the public use forever all the Avenues thereon shown. Witness our hands and seals tIi se"Y' .:day o f .. .� .... A �j _ A. D. 190 ` In presence of • • • • • . . teal. �N .:.. !- ....:0 ... Seal 0 0 _ Le of Jowl innes t) ifs/// rYt County of Hennepin) On th is -C3. , .day of ...... w • . • ... A. D• 190K personally appeared before me Hannah Johnson (unmarried) and 04,0a.'U ", , to me known to be the persons described in and who executed the foregoing instrument g g tru ent and they acl:na�rledged r that t e�T execu the same their free act and deed. /I r State of MinnesotalsS• otary Public, ep ,,County,4nLIe6ot,,_t. Count<� of Hennepin) iy commission expiresf'o-,:Li �?if. •19/x', I hereby certify that I Rave surveyed and platted the land describ this P"lat as: 0Skarp and Lindquist's Fernhill, Lake Minnetonka", that this plat is a correct representation of said sur- vey, that all distances are correctly shown on the plat in feet and decimals of a foot, that the monuments for guidance of future surveys have been correctly placed in the ground as shown oa the plat, that the outside boundary lines are correctly designated on the plat, that the topography of the land is correctly shown on the plat and that there are no wet lands or public highways to be designated on said plat other than as shown thereon. Surveyor. Above certificate subscribed and sworn to before me this.....: day of fes. • • t, •A• D. 1909. if . i'ai rfw-w 0. • • L i •''• i i • i • • s _ _.O. . -: Zo' • • .• • .•••• otary Publicspin ounty,nneota. My +commission expires.. • ..... :::..194, This�,o/orf cxP�rt�v�c� 6�syfie Boar�� c_ou.��+�rnr�issi�r,*�r-s �i5�er�n,��oir✓ �c�u.� y �inrteso,�`a, a� � rB�u/ar ..�,e a� lr�c t.�i�r� � hB/rte lT7�rch 30 '-� /moo �►_ t� C/aarnaar�.6b�ro�Caurr�C©rnrr�is�ion�r. . f.f " �� i..�o• /.�J� - fS,T ' 1 3 U'MOr 0F��:�77ICE, vTV � T \ _ _,� - � ifs �l:z�rE' E'n�'�•;� - IN . 1 r. 1�f�E(J €t ff 1 • .� t ` ` -�..1 Plat �vith Olt rrco t{l� i Tai (o.`. .•: r �' �p V`3?C .tilNr �i1 1,. �_ 1_. p day day 1 3. °,of., A ...... �.IT and iiia was duly R _co'dc i ir1 1 06jr .� $ . of t iai� r� 4 % S.. fines the same i.) r, xaid cor: e � et ct,l.t t tir.rtef7 irL . % -` ' '• _ r C- - - s k - f y- - Project Narrative Application #LA18-000001 Allen J. Merrill 1161 Elmwood Avenue Orono, MN 55364 January 19, 2018 I respectfully request that the City of Orono vacate its interest in the property reserved to the city and identified as the North 10' of Lot 18 and the South 10' of Lot 19, Skarp and Lindquist's Fernhill, Hennepin County, Minnesota, also known as Right of Way for Grandview Avenue. I own Lots 9 and 18 and Mr. Bob Hannah owns Lots 8 and 19. Lots 18 and 19 are both 40' wide while Lots 8 and 9 are both 50' wide. If the city were to vacate its 20' right of way, Mr. Hannah and I would split the 20' so that each of us would receive 10' and the Lots 18 and 19 would each be 50' wide. To the best of my knowledge, this property has not been used as a city street at any time but was reserved for that purpose from Elmwood Avenue up to North Arm Drive. The portion of the reservation closest to North Arm Drive has already been vacated by the city and a house sits on that property with an address of 1151 North Arm Drive. As the city no longer has a right of way all the way through from Elmwood Avenue to North Arm Drive, the city would be unable to construct a street in this location as originally intended. At this time, the property is simply a grassy area with no improvements. There is a fairly steep grade to the property in some places. It is my understanding that the city would like to place a generator at the back of the property over which it currently has this right of way. If this request to vacate that right of way were to be granted, Mr. Hannah and I would give the City of Orono an easement to place the generator and access that generator. Laura, As the owner and resident of 1153 Elmwood which is on the northern border of the undeveloped right of way property, my opinion on the vacation is to support this request. This support is contingent on the vacation resulting in the 20 ft right of way is split evenly between my property and the 1161 Elmwood property. I am happy to provide more input should you find it helpful. Thank you. Bob 38 07-117-23 13 0002 38 07-117-23 14 0033 38 07-117-23 14 0065 MARTIN T SARENPA JENNIFER ANNE WELSH GLENN D SOLIE 1101 NORTH ARM DR 1180 ELMWOOD AVE 3500 BAYSIDE RD MOUND MN 55364 MOUND MN 55364 ORONO MN 55356 38 07-117-23 13 0003 38 07-117-23 14 0052 38 07-117-23 14 0067 MARTIN T SARENPA PAUL VOGSTROM BRAD & MARCIA PANKONIN 1101 NORTH ARM DR 1151 NORTH ARM DR 2085 CO RD 6 MOUND MN 55364 MOUND MN 55364 LONG LAKE MN 55356 38 07-117-23 13 0213 38 07-117-23 14 0054 38 07-117-23 14 0069 CITY OF ORONO SCOTT L CHRISTIANSON & ROBERT HANNAH P O BOX 66 DAWN M CHRISTIANSON EMMY ELLESTAD CRYSTAL BAY MN 55323 1179 NORTH ARM DR 1153 ELMWOOD AVE MOUND MN 55364 MOUND MN 55364 38 07-117-23 13 0215 38 07-117-23 14 0057 38 07-117-23 14 0073 CITY OF ORONO MARTIN T SARENPA ALLEN MERRILL P O BOX 66 1101 NORTH ARM DR 1161 ELMWOOD AVE CRYSTAL BAY MN 55323 MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0008 38 07-117-23 14 0059 38 07-117-23 410012 GILMAN G SORENSON ELIZABETH A HARVEY DENISE J HANSON 1001 LOMA LINDA AVE 1199 ELMWOOD 1216 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0016 38 07-117-23 14 0060 38 07-117-23 410013 CITY OF ORONO MAXIMILLIAN S HOLMES BREVIK THARALDSON PO BOX 66 AMANDA M ABRAHAMSON 1205 NORTH ARM DR CRYSTAL BAY MN 55323 1169 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0023 38 07-117-23 14 0061 38 07-117-23 410014 MARTIN T SARENPA TIMOTHY L BRO ROBERT G HOVLAND 1101 NORTH ARM DR SUSAN B BRO P O BOX 41413 MOUND MN 55364 1140 NORTH ARM DR PLYMOUTH MN 55441 MOUND MN 55364 38 07-117-23 14 0026 38 07-117-23 14 0062 38 07-117-23 410015 RENEE S MEERKINS PAUL M LEWIS JANE & JON MARTINSON 1135 NORTH ARM DR 1160 NORTH ARM DR 1285 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0027 38 07-117-23 14 0063 38 07-117-23 410016 RYAN B & STACY R ALNESS BRIAN HUISMAN & ANNE HUISMAN JEFFREY D CRAIG 1169 NORTH ARM DR 1121 NORTH ARM DR 1205 ELMWOOD AVE MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0030 38 07-117-23 14 0064 38 07-117-23 410017 BRUCE GARLOCK RENEE S MEERKINS JOHN PERKINS 1179 ELMWOOD AVE 1135 NORTH ARM DR 1265 ELMWOOD AV MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 410018 J J THEISEN & L K THEISEN 1295 ELMWOOD AVE MOUND MN 55364 RUN DATE: 01/19/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 07-117-23 13 0002 38 07-117-23 14 0033 38 07-117-23 14 0065 MARTIN T SARENPA JENNIFER ANNE WELSH GLENN D SOLIE 38 ADDRESS UNASSIGNED 1180 ELMWOOD AVE 1125 NORTH ARM DR ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 MARTIN T SARENPA JENNIFER ANNE WELSH GLENN D SOLIE 1101 NORTH ARM DR 1180 ELMWOOD AVE 3500 BAYSIDE RD MOUND MN 55364 MOUND MN 55364 ORONO MN 55356 38 07-117-23 13 0003 38 07-117-23 14 0052 38 07-117-23 14 0067 MARTIN T SARENPA PAUL VOGSTROM B W PANKONIN & M K PANKONIN 38 ADDRESS UNASSIGNED 1151 NORTH ARM DR 1180 NORTH ARM DR ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 MARTIN T SARENPA PAUL VOGSTROM BRAD & MARCIA PANKONIN 1101 NORTH ARM DR 1151 NORTH ARM DR 2085 CO RD 6 MOUND MN 55364 MOUND MN 55364 LONG LAKE MN 55356 38 07-117-23 13 0213 38 07-117-23 14 0054 38 07-117-23 14 0069 CITY OF ORONO SCOTT L CHRISTIANSON ET AL R HANNAH & E ELLESTAD 38 ADDRESS UNASSIGNED 1179 NORTH ARM DR 1153 ELMWOOD AVE ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 CITY OF ORONO SCOTT L CHRISTIANSON & ROBERT HANNAH P O BOX 66 DAWN M CHRISTIANSON EMMY ELLESTAD CRYSTAL BAY MN 55323 1179 NORTH ARM DR 1153 ELMWOOD AVE MOUND MN 55364 MOUND MN 55364 38 07-117-23130215 38 07-117-23140057 38 07-117-23140073 CITY OF ORONO MARTIN T SARENPA ALLEN MERRILL 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 1161 ELMWOOD AVE ORONO MN 00000 ORONO MN 00000 ORONO MN 55364 CITY OF ORONO MARTIN T SARENPA ALLEN MERRILL P O BOX 66 1101 NORTH ARM DR 1161 ELMWOOD AVE CRYSTAL BAY MN 55323 MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0008 38 07-117-23 14 0059 38 07-117-23 410012 GILMAN G SORENSON ELIZABETH A HARVEY REV TRUST DENISE JEAN HANSON 1001 LOMA LINDA AVE 1199 ELMWOOD AVE 1216 NORTH ARM DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 GILMAN G SORENSON ELIZABETH A HARVEY DENISE J HANSON 1001 LOMA LINDA AVE 1199 ELMWOOD 1216 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23140016 38 07-117-23140060 38 07-117-23410013 CITY OF ORONO M S HOLMES & A M ABRAHAMSON BREVIK THARALDSON 38 ADDRESS UNASSIGNED 1169 NORTH ARM DR 1205 NORTH ARM DR ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 CITY OF ORONO MAXIMILLIAN S HOLMES BREVIK THARALDSON PO BOX 66 AMANDA M ABRAHAMSON 1205 NORTH ARM DR CRYSTAL BAY MN 55323 1169 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0023 38 07-117-23 14 0061 38 07-117-23 410014 MARTIN T SARENPA TIMOTHY BRO & SUSAN BRO TRST ROBERT G HOVLAND TRST 1101 NORTH ARM DR 1140 NORTH ARM DR 1245 NORTH ARM DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 MARTIN T SARENPA TIMOTHY L BRO ROBERT G HOVLAND 1101 NORTH ARM DR SUSAN B BRO P O BOX 41413 MOUND MN 55364 1140 NORTH ARM DR PLYMOUTH MN 55441 MOUND MN 55364 38 07-117-23140026 38 07-117-23140062 38 07-117-23410015 C G WEILER & R S MEERKINS PAUL M LEWIS ET AL JANE K MARTINSON ET AL 1137 ELMWOOD AVE 1160 NORTH ARM DR 1285 NORTH ARM DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 RENEE S MEERKINS PAUL M LEWIS JANE & JON MARTINSON 1135 NORTH ARM DR 1160 NORTH ARM DR 1285 NORTH ARM DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 14 0027 38 07-117-23 14 0063 38 07-117-23 410016 RYAN B & STACY R ALNESS BRIAN HUISMAN & ANNE HUISMAN JEFFREY D CRAIG 1141 ELMWOOD AVE 1121 NORTH ARM DR 1205 ELMWOOD AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 RYAN B & STACY R ALNESS BRIAN HUISMAN & ANNE HUISMAN JEFFREY D CRAIG 1169 NORTH ARM DR 1121 NORTH ARM DR 1205 ELMWOOD AVE MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23140030 38 07-117-23140064 38 07-117-23410017 B E GARLOCK & R K GARLOCK C G WEILER & R S MEERKINS JOHN A PERKINS JR ETAL 1179 ELMWOOD AVE 1135 NORTH ARM DR 1265 ELMWOOD AVE ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 BRUCE GARLOCK RENEE S MEERKINS JOHN PERKINS 1179 ELMWOOD AVE 1135 NORTH ARM DR 1265 ELMWOOD AV MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 RUN DATE: 01/19/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 2 38 07-117-23 410018 J J THEISEN & L K THEISEN 1295 ELMWOOD AVE ORONO MN 55364 J J THEISEN & L K THEISEN 1295 ELMWOOD AVE 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. k a µa � C pb, t I 000� i - r. n7 LLJ v i tir Date Application Received: 12/29/17 Date Application Considered as Complete: 01/17/18 60 -Day Review Period Expires: 03/18/18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 20 February 2018 Item 4 Subject: #LA18-000004, Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Island Variances Public Hearing Application Summary: The applicant is requesting average lakeshore setback variances to make modifications to the existing cabin. Staff Recommendation: Planning Department Staff recommends approval. Background Variances were granted in 2016 (File 16-3618) permitting additions to an existing cabin on the property. The property owners have reevaluated their space needs and are requesting an average lakeshore setback variance to permit enlargement of two areas of the cabin; the screen porch expansion is 89 square feet and the mudroom expansion is 85 square feet. LOT ANALYSIS WORKSHEET Section 78-570 & 78-1279 - Setbacks: RS DISTRICT Required Existing Proposed South Side 50' 81.7' Cabin = No Change East Side 50' ±250' Cabin = 261' Lakeshore 75' Cabin (screen porch) = 75' Cabin (screen porch) = 75' Average Lakeshore The entire property is located lakeward of the average lakeshore setback line determined by the properties at 700 Big Island and 720 Big Island. Section 78-1403- Structural Coverage: This property exceeds 1.99 acres therefore is not subject to the 20% structural coverage limitation. Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 25,934 s.f. 2,275 s.f. 3,673 s.f. Tier 1 103,738 s.f. (25 %) (2.2%) (3.5%) FILE #LA18-000004 20 Feb 2018 Page 2 of 4 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The property is situated on the northwestern -most point of Mahpiyaha Island, the western island portion of Big Island. Due to the property's orientation and the relationship spatially to the two adjacent lakeshore lots (and cabins) the entire property is lakeward of the average lakeshore setback line with no legal buildable area. The applicant's proposal includes construction of additions to the existing cabin. There are many mature trees and between 250 and 500 feet of separation between the project areas and the adjacent cabins on 700 and 720 Big Island. 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 variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 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 minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance will not alter the essential character of the locality. The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met. FILE #LA18-000004 20 Feb 2018 Page 3 of 4 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 residential cabin is an allowed use in the RS District. This criterion is met. 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 is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This statement is 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. The proposed cabin additions will not impair the health, safety, comfort or morals of the public. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds due to the nature of the lot at the point of the island there are practical difficulties supporting granting the average lakeshore setback variances for the cabin. The applicant's desire to utilize the existing footings from the old cabin is consistent with the previous owner's plan to keep to the historic footprint of the cabin. The location of the existing cabin situated right at the lake setback on the north side may serve as a practical difficulty for the owner. FILE #LA18-000004 20 Feb 2018 Page 4 of 4 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. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Resolution 6627 Exhibit F. Property Owners List Exhibit G. Plat Map City of Orono Variance Application Application # Date Received: Staff Fee: $700 Escrow: $700 / $2,500 Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: DESCRIPTION OF REQUEST: APPLICANT INFORMATION: Applicant: Phone (Primary): Mailing Address: Email: x•;v (attach additional sheets as necessary) PROPERTY OWNER INFORMATION: ❑ check here if Property Owner is same as applicant ❑ check here if Property Owner address should be used for billing !Name: Phone (Primary): Mailing Address: Email: APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributec Applicant Signature: Applicant Signature: Property Owner Signature: Property Owner Signature: Variance Application — January 2017 Page 4 Date: 0 Date: Date: Date: Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 G~ SHO��C Crystal Bay, MN 55323-0066 Application # Date Received: Staff Fee: $700 Escrow: $700 / $2,500 Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: DESCRIPTION OF REQUEST: APPLICANT INFORMATION: Applicant: Phone (Primary): Mailing Address: Email: x•;v (attach additional sheets as necessary) PROPERTY OWNER INFORMATION: ❑ check here if Property Owner is same as applicant ❑ check here if Property Owner address should be used for billing !Name: Phone (Primary): Mailing Address: Email: APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Information will be distributec Applicant Signature: Applicant Signature: Property Owner Signature: Property Owner Signature: Variance Application — January 2017 Page 4 Date: 0 Date: Date: Date: 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: The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle \ Last Address SSL' Z2& • 1 City ► I State' Zip — , ` Phone hts as stated Sig Variance Variance Application - January 2017 Page 14 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 2. 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." *I- , , i err include, bi cans 1r� J1°`�� 1 �� er 5. "Practical di iculties include, b are not limited t inadequa a acce s to direc sunli t for so r e rgy 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." Variance Application - January 2017 Page 7 7. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." I I . 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately 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 thLelapplicant." , , % . A _ 1 t i t L. , I I 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any resp ct be coptsary 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 Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Variance Application - January 2017 Page 8 KEMPER & ASSOCIATES INC. PROFESSIONAL LAND SURVEYORS - IrHE NEUGENT PR..-OPEf -TY 6iie!!5iii1!T 10 20 721 OLD HIGHWAY 8 N.W. NEW BRIGHTON, MINNESOTA 55112 SHORELINE \\ (01/21/2016) 10 INCH EQUALS 20 FEET 65151-6318 651-631-8805 /' - -� BIG ISLANDFAX 710 BASIS FOR BEARINGS: email: kemper®pro-ns.net � HENNEPIN COORDINATE SYS EM / www.kemersurve S.COm INDEN T (NAD 83 , 1996) 930 \\ \ CITY OF ORONO, HENNEPIN C O JI 1 T Y, MINNESOTA BASIS FOR ELEVATION: FLAG 932 \93\ �\ / MINNESOTA DEPARTMENT I OF TRANSPORTAON STATION "SHORE990" o POLE (PROPOSED HARDCOVER CALCULATIONS) R THE INTERSECTION ATR OFNK HIGHWAY 1 SH \ '� \ \ / & TRUNK HIGHWAY 41. \ \ ELEV.=996.586 (NGVD 29) LAKEMINNETONKA (VIA REAL IME GPS / FIRE BOULDER �� \ ICE ELEV.= /� MEASUREMENTS UTILIZING MINNESOTA DEPARTMENT / RING RETAINING \ WALL \ 928.9 HIGHEST RECORDED ELEVATION=931.11 (06/23/2014) 100-YEAR FLOOD ELEVATION= SHORELINE 931.5 (NGVD 29) OF TRANSPORTATION MRS NETWORK) \ (01/21/2016) (01/21/2016) LOWEST RECORDED ELEVATION=921.78 (12/16/1937) (ESTABLISHED BY MINNEHAHA CREEK WATERSHED DISTRICT) / CONTOUR INRVAL=1 FOOT � \� ORDINARY HIGH WATER LEVEL=929.WATERSHEDE / M AMM 9" CEDAR STONE 933 930 � � POINT OF BEGINNING OF EAST SEPS \ (NGVD ELEVATIONS PER MINNESOTA DEPARTMENT "LAKE / (INTERSECTION LINE OF RECREATION BOULDER \� / RETAINING ES _- T FINDER" WEBSITE) OF NATURAL RESOURCES � � � g POINT, VACATED, WITH j �a17 ��17 r� ® I� T / / LAIKE 11 tl 1 tl 1� MINNETONKA � � WALL /� 934 \ \ 930 g-y>• g31 / THE SHORE OF LAKE MINNETONKA (ORDINARY HIGH WATER LEVEL)) I 32 gS3 / / ORDINARY 12" SPRUCES 93� \ 93y� HIGHEST RECORDED ELEVATION =931.11 (06/23/2014) / / HIGH WATER 0 930 l g3 LOWEST RECORDED ELEVATION=921.78 (12/16/1937) / m VEL „ BOULDER N LINDENS 935 RETAINING " MA (9 9.4 NGVD 29) 36 12 ASH 930 5'YLINDEN - ORDINARY HIGH WATER LEVEL=929.4 WAL I `- 936 931 - - / - - = - ° / 4> 0�5 0° 5 15" LIN N �' ° JU ICIAL M NUMENT (NGVD 29 ELEVATIONS AS PER MINNESOTA DEPARTMENT / "LAKE 1 PL \ 93j ` 18" \ _931 9`32 932 933 9 32 ° OR OF NATURAL RESOURCES FINDER" WEBSITE gy6 \ 21" 836 2 MAP 1 934835 933 9" L I TONE - BOULDER 936937 E 934 9.4 29 ° 12" MAPLE rn 100-YEAR FLOOD ELEVATION= / 18" MAPLE 21" �� 0 21" 937 EPS RETAINING 3g 93S WALL 938 38 9 O 9 I J 931.5 (NGVD 29) / \ 18" I 27 OAK yml' (ESTABLISHED BY MINNEHAHA CREEK WATERSHED DISTRICT) / 18 E ^� �`� n \ 21" MAPLE o NO MAP 6 9" CEDAR 9 ",- `' 93 ` 93 0' 0 I I q• 1 0 BRICK _' ' o 12" MAPLE 9" S RUCE I "PRIVATE: - g5 12" CEDAR I \ \ FIREBOX s 12 MAPLE ° xO I 10 18" MAPLE PROPERTY" 938 / N ro -+ 1, I N SIGN ICE ELEV.= 1 w°' 742 24" DOAK °M' 12" APLE 15 938 APLE 928.9 6" C 39 93757 I ° I NORTHEASTERLY SIDE OF 710 BIG ISLAND (01/21/2016) / / 7008 y 839 75' OHW \ 01 X 18" MAPLE � I CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA LEGEND / kO 24" f�fAPL g P�ELEV.= SETBACK MA E m c� 15" MA LE 9Ap STONE 21" MAPLE 21" MAfPL 12" APLE -940- EXISTING CONTOUR LINE / ° 974.5 � .71 Sg o 2 OVERH�NG g 24" MAPLE g 5 RE INGI o 0 ALES 1" MAPLE 1 LEGAL DESCRIPTION X938.44 EXISTING SPOT ELEVATION / % g2 o ry ° 27" MA LE 1 18" MAPL CERTIFICATE OF TITLE NO. 1408866 MH O MANHOLE 9q0 �� 9 1 1.41 O-VO TO 24" MAPLE 939 That part of Government Lot 6, Section 22, Township 117, PP 0 POWER POLE DAT 9 LITE^ 9� 9R OAF a V S o o I X937.50 93 .50X 21" MAPLE g38 I 18" MAP Range 23 West, described as follows: Beginning at the / g X60 � X937.32 21" MAPLE 12" MA LE s 39 intersection of the East line extended of Recreation Point EM ❑E ELECTRIC METER CO o CLEAN OUT O� os � 941 8 18" MAPL 2p s8 °p9SpNo ,, �` 9" LINDEN X937.67 ° - , , � 85,85 s3� !� ;, ,x I (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, o �O - o - OH - OVERHEAD UTILITY LINES � DENOTES DIMENSION �i ROOF PEAK o �o ^ y � OVERHANG 9 1.73 J� ELEV.= o"ay o \ � O o 7R o PROPOSE BASEMENT Rp 0 M m 7 ' OHW SETBACK I ` -' I N r `, ' 93) cn 1 1' I I I to its intersection with the Souther) line extended of y Lot H, said addition, vacated; thence Southeasterly through a Dint marked with a judicial monument distant (M) MEASURED DURING THE / COURSE OF THIS SURVEY 942 g�Z 7R33 �Z4v,' FLOOR O� ^ FLEv.=937.29 ADDITION - ' X936.28 ° GARAGE �- 12" OAK I' ° 938 18" f APLE 12" MAPLE 165 feet from the Southeast corner Of said Lot H along / i 710 BIG ISLAND ^ �i �. �� s3 _,- �- ', 261.56 w I the Southerly line thereof, to the Southeast corner thereof, is b DENOTES RECORD (R) DIMENSION AS PER PLAT SHORELINE - E R ��o / X36 p 2 STORY FRA RESIDENCE ti� O ZAP \ �- 938 ^ , �`� I 936 m 9" LINDEN w 18" LINDEN which corner marked y judicial monument; thence Southeasterlyin a straight line to the g AND LEGAL DESCRIPTION O D 943 o FOOTPRINT AREA�454 SQ. FT. 3 `' 15" OAK 35.89 I (01 /21/2o1s) Io o g _ o 12" PLE B .44 � � I c co so.os ,�� Southwesterly corner of Lot T of said addition, vacated, AREAS OF PROPOSED ro 9 1.) CONSTRUCTION \ \ m \ 9" AK I rn w 9" LINDEN I I which corner IS marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the ' I RS moo, 940 I a ro °' 71 944 943.61 \ 90 I x937.s3 30" MAPLE X937.53 ° 937.64X I X937.48 Southeast corner thereof, which corner is marked by a M h •� M rPROPO LL O L 942.3 BUILD�II G 1 1 9" BOXELD R 12" LI DEN I EAST LINE OF RECREATION I judicial monument; thence North along the East line of 15" MAPLE �a CO ADDITION 9" MAPLE 18" OAK � 112" LINDEN 2-12" POINT (VACATED) I WIRE Said addition, vacated, through a point marked With a judicial monument distant 320 feet from said Southeast °� ° 945\ 9R3 \ I 9R2 � LAI° 9' RU E LINDEN ° I L2-12"INDEN I I I i 00 FENCE corner of said Lot T, tO the point of beginning. NOTE: ONLY TREES IN DIAMETER RARE THAN 942.53 oAPLE \ EM `- ,57" 9 3.14 SHOWN HEREON I y X942.72 S) 12" MAP o� X937.20 0 12" MAPLE M`O o AREA SUMMARY � rn 4-0009 942.38 o OMH FENC POSTS ° o FENCE PASTS &Z SUBJECT PROPERTY = ±103,738 SQ. FT. OR ±2.38 ACRES 946 .,o PID 2-117-23- \ ELEVATED (�j�� WATER ,93 � � ° ® 27" MAPLE e ° o W I oY `j i (TO ORDINARY HIGH WATER LEVEL) ZONING REQUIREMENTS / TANK �� X9 .82 o" MA LE \ 9 43 15" LINDEN ° S9 ° � I 12" MAPL 9Ro 12" LINDEN " LIND - w� M ` EXISTING HOUSE FOOTPRINT = 1,454 SQ. FT. tea° 9" LINDEN ZONED RS -SEASONAL RECREATIONAL DISTRICT / SOUTHERLY ° SUBJECT TO FLOODPLAIN MANAGEMENT / % \ \ LINE OF / 21" DEAD SUBJECT TO SHORELAND OVERLAY DISTRICT LOTH MAPLE 12" DEAD I X937.48 I 935 ►') M ° I v� "DEAD 937.25X O I� rn o -- � �w ca N RECONSTRUCTED WOOD PORCH &STEPS = 522 SQ. FT. 4 SEASON PORCH = 158 SQ. FT. FOUND \ g�O \ " ° I I -- N M (V` CELLAR BULKHEAD = 64 SQ. FT. MINIMUM LOT AREA - 5 ACRES JUDICIAL ° MAPLE MONUMENT \ \ 9" OAK �0 9A� x� 5"&270" LIN EN 935 N O of a o EXISTING SHED FOOTPRINT = 54 SQ. FT. MINIMUM LOT WIDTH - 200 FEET \ \ \ \ \/ cT 21 OD EXISTING STONE WALL (SEPTIC) = 44 SQ. FT. MAXIMUM HARDCOVER - 25% OF GROSS LAND AREA (TIER 1) \ .? U 9 ` ',; I< 21"0 $H I EXISTING STONE STEPS (SHORE) = 72 SQ. FT. MAXIMUM HEIGHT - 2.5 STORIES OR 30 FEET\ \ ga�O \ S0 F I 21" MAPLE S 24" MAPLE 9RS 9 BO LDER 94B I I EXISTING BOULDER WALLS (SHORE) = 278 SQ. FT. BUILDING SETBACKS: S R s . �°' ° F qC 9 / SEP ° _w oCLEAN uTs o 1"o 93 I EXISTING STONE WALLS (SHORE) = 73 SQ. FT. SIDE - 50 FEET00, �6 30" MAPLE 12" MAP 6 I EXISTING LAKESIDE CANOPY (SHORE) = 275 SQ. FT. ORDINARY HIGH WATER LEVEL - 75 FEET 0A !2 30' �6S o - 21" MAPL EXISTING FIRE BOX (SHORE) = 14 SQ. FT. ACCESSORY STRUCTURES: �� MJ\ 945 �� I GARAGE = 936 SQ. FT. NO ACCESSORY BUILDING OR STRUCTURE IN AN R DISTRICT SHALL EXCEED THE HEIGHT 93 II o � 1 i PROPOSED BUILDING ADDITION = 85 SQ. FT. OF THE PRINCIPAL BUILDING, NOR SHALL \ LINDI Q ANY ACCESSORY BUILDING OR STRUCTURE NOTE: OWNER AND ARCHITECT TO VERIFY EXCEED 30 FEET IN HEIGHT ALL ZONING & SETBACK REQUIREMENTS \o 15" LINDEN 938 I PROPOSED 4 SEASON PORCH ADDITION = 89 SQ. FT. NO ACCESSORY BUILDING OR STRUCTURE, WITH THE CITY OF ORONO PRIOR TO DESIGN OR CONSTRUCTION. INFORMATION 46 \ 9 ° I 12' MAPLE SEP ° UNLESS AN INTEGRAL PART OF THE PRINCIPAL BUILDING, SHALL BE ERECTED, SHOWN HEREON IS THE BEST AVAILABLE \ gA� \ 9" MAPLE sA) CLEA OUTS I TOTAL PROPOSED IMPERVIOUS SURFACE COVERAGE _ ALTERED OR MOVED WITHIN 10 FEET OF THE AT THE TIME OF THIS SURVEY \ 0 o I 27" APLE 4,118 SQ. FT. PRINCIPAL BUILDING, NOR WITHIN 10 FEET \ \ 9�a ° (4.0% OF PROPERTY AREA TO ORDINARY OF ANOTHER ACCESSORY STRUCTURE \ \ SO T 24" MAPLE 15" MAP o I HIGH WATER LEVEL) NOT MORE THAN TWO ACCESSORY BUILDINGS USED FOR STORAGE, SERVICE OR OTHER \ \ CORNER 0 949 \ p 30" MA LE i°�� 9" MAPLE NONHABITABLE PURPOSE. NO SUCH \ \ LOT H o ONE O I INDIVIDUAL BUILDING SHALL EXCEED 1,000 SQ. FT. IN FLOOR AREA, AND THE \ \ \ 980 24" MAPLE ° RE TING o 1 MAP \ 15" MAPLE WALL SEPTIC NOTE: TOTAL IMPERVIOUS SURFACE COVERAGE PRIOR TO RENOVATIONS = SUM OF ANY TWO BUILDINGS ON ANY RECORD LOT SHALL NOT EXCEED \ ANOUT _1 I I 2,959 SQ. FT. (2.9% OF PROPERTY AREA TO ORDINARY HIGH WATER LEVEL) 1,500 SQ. FT. IN FLOOR AREA \ \ o do EP11 9" MAPL ° �� o 3$ 15"° p0 g g IMPERVIOUS SURFACE COVERAGE WITHIN (AS PER CITY OF ORONO ZONING CODE) \ m� LEA OUT I 75' OF ORDINARY HIGH WATER LEVEL \ SEPTIC 9 to FOUND ACCESS Q 27" MA LE In 9" MAP E i '9 � � � EXISTING STONE STEPS (SHORE) = 72 SQ. FT. ) JUDICIAL \ \ SEP C ° a EXISTING BOULDER WALLS (SHORE) = 278 SQ. FT. R MONUMENTCLE A OUTo 12" MAPLE �� _ I EXISTING STONE WALLS (SHORE) = 73 SQ. FT. ti L K r ■ _ ___ =, i i �-- - `" - �- ' , - I - I� _ \ \ �s 18" MAPLE M s3 > 27" PLE o CO 12" MAPLE o I EXISTING LAKESIDE CANOPY (SHORE) = 275 SQ. FT. EXISTING FIRE BOX (SHORE) = 14 SQ. FT. TOTAL = 712 SQ. FT. • `r3 •'%/,s p1 \ ° ° I h ' OwNER:2 RECREATION p 008 rn rn �� 47j g� I ` ! r POINT �Lc of IMPERVIOUS SURFACE COVERAGE BEYOND -. VIEW OF SUBJECT PROPERTY FROM LAKE MINNETONKA Ao12" B ELDER 75' OF ORDINARY HIGH WATER LEVEL 33" PLE,' 12 MAPLE y° -r WIRE 30" MAP g� ENC AREA OF PROPERTY BEYOND 75' OF OHW = ±63,746 SQ. FT. D#t1#1n�tC► i D ■ lHi4" Int Yd; " "DED MA LE ERLY I EXISTING HOUSE FOOTPRINT = 1,454 SQ. FT. W1OOD CH &STEPS = 522 SQ. FT. A _ �� '- ti 4C r 2 CORNER 0 M PLE o CORNER OF OTT 0 � SCREEN PORCRECONSTRUCTEH 58 SQ. FT. SI-TIEN :{ r:»�I :•? f 21" PL 93) SOUTHE Y o I EXISTING SHED FOOTPRINT 54 SQ FT EXISTING STONE WALL (SEPTIC) _ 44 SQ FT _,.� � ..� v i I 5 � \ K 1 ` I`• 'W P I YAY{} * -y +^ y'; i.- LOT OF UN g� pV y ICTAL LO o 24" M PLE ° 21" MAPLE GARAGE = 936 SQ. FT. PROPOSED BUILDING ADDITION = 88 SQ. FT. PROPOSED SCREEN PORCH ADDITION = 121 SQ. FT. �I _ I MO UMENT 938 • s o = L�2 O v� SOUTHEAST hl ` / I'�� 4 _ E g3 (� CORNER TOTAL = 3,377 SQ. FT. (5.3% OF PROPERTY AREA BEYOND 75') p I ILD` 1 s 70 s� ..' �•_-r. _ t:�, ._ = ' k +; d �� `�',.: } :t -i-, \� '' , •' -� ` '�� i sig ,,' iiu Bus Y:�;IlAdt9 " ®� __- --� ` 9 151 )_ - 940 OF LOT T PREPARED FOR: CHRISTOPHER & LESLIE NEUGENT ARCHITECT: 1 2110 PORTICO GREEN DALE MULFINGER, FAIA -� f" 947 JUO ICIAL T NUMENI WAYZATA, MINNESOTA 55391 SALA ARCHITECTS, INC. 326 EAST HENNEPIN AVENUE, SUITE 200 --�_.___ MINNEAPOLIS, MINNESOTA 55414 C : ,o f ��o _ ��IIIIIIIVI id141El1i i ray _ II illllllllIIIII IIIIIIIIIIII. qu612-379-0001 � o 612-379-3037 FAX '.`�• ` = X. + I �> �� 11///'' CERTIFICATION Pp r�, j FLOODPLAIN NOTE:�OF MINT �I� I HEREBY CERTIFY THAT THIS SURVEY, PLAN, VICINITY MAP SOUTHWESTERLY SIDE OF 710 BIG ISLAND SUBJECT PROPERTY LIES WITHIN FLOOD ZONES "AE" y - „ (SPECIAL FLOOD HAZARD AREAS SUBJECT TO /. BY THE CHANCE FLOOD; o I N o �::' S OR REPORT WAS PREPARED BY ME OR �� UNDER MY DIRECT SUPERVISION AND THAT ,r\:: h P OFESS1 (NO SCALE) CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA 1- . INUNDATION 1% ANNUAL BASE FLOOD ELEVATIONS DETERMINED) AND "x" I N i I AM A DULY LICENSED PROFESSION L LAND LA D SURV OR SURVEYOR UNDER THE LAWS OF TH STATE (AREAS DETERMINED TO BE OUTSIDE THE 0.2% I - - OF MINNESOTA. ANNUAL CHANCE FLOODPLAIN) ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER I - 84 7 j C", E R T I F 1("�` A T E OF S 27053C-0312 E, DATED SEPTEMBER 2, 2004, CFLOOD AIS ID.... MINNESOTA ENT ��'D�D. K�,�.�``� MARK D. KEMPER, PLS 18407 SHED (HENNEPIN THE BASE ELEVATION SHOWN TO BE + OF TRANSPORTATION �r�l//11 VIEW OF LAKE MINNETONKA FROM SUBJECT PROPERTY 931 NGVD 29) STATION "SHORE 1990" " ,�� 15312 (15312AR5.DWG) D.B. TODD HOLEN REVISED PROPOSED ADDITIONS 12/13/2017 DATED THIS 13TH DAY OF DECEMBER. 2017 KEMPER & ASSOCIATES, INC. �NZ m hoc DOM z DA -I <nn z0D o)nci tozz w m �- 'om �z 0 $D _ CD NOF8166 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL k N 0. �' b62FSH�� A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. 16-3818 WHEREAS, on March 13, 2016, Christopher Neugent and Leslie Neugent (hereinafter the "Applicants"), applied for variances from the City Code for the property addressed 710 Big Island and legally described as: That part of Government Lot 6, Section 22, Township 117, Range 23 West, described as follows: Beginning at the intersection of the East line extended of Recreation Point (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, to its intersection with the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly through a point marked with a judicial monument distant 165 feet from the Southeast corner of said Lot H along the Southerly line thereof, to the Southeast corner thereof, which corner is marked by judicial monument; thence Southeasterly in a straight line to the Southwesterly corner of Lot T of said addition, vacated, which corner is marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the judicial monument,; thence North along the East line of said addition, vacated, through a point marked with a judicial monument distant 320 feet from said Southeast corner of said Lot t, to the point of beginning (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a screen porch addition to the cabin to extend as much as 5 feet lakeward of the 75 -foot setback from the ordinary high water level ("OHWL"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of the following: a screen porch addition to the north side of the cabin, an addition to the west side of the cabin within the covered porch, and a 25'x35' storage garage all lakeward of the average lakeshore setback line; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow an additional 183 square feet of structural hardcover within the 0-75 foot zone for a total of 943 square feet of hardcover where no hardcover is permitted and 760 square feet currently exists; and �FSH0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6627 WHEREAS, on April 18, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 18, 2016, the Planning Commission recommended approval of the variances; and WHEREAS, on May 9, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3818. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RS Zoning District. 3. The Property contains 2.38 acres in area and has a defined lot width of ±380 feet at the 75' setback and ±460 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore Setback b. Lake Setback c. Hardcover within the 0 to75-foot zone. 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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. ESH0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ANALYSIS: NO. 6627 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance." The variances are minimal and generally consistent with the intent of the ordinance. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." The requested variances are consistent with the residential goals within the comprehensive plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of the detached garage in the proposed location and additions to the cabin are reasonable on this wooded, 2+ acre residential property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property's location (at the point of the island); the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the Property in relation to the lake result in a unique circumstance not created by the landowner allowing for a the detached garage and cabin additions to be almost completely screened from views off the Property. The variance, if granted, will not alter the essential character of the locality. " The garage and cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the Property. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration based on economic criteria. 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 criteria is not applicable. FIV - 4 y � \kFSH�� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6627 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." The use is permitted; this criteria is 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 criteria 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 is an existing lot of record and contains a large number of mature trees for screening. The topography increases as it moves away from the lake and the owner feels the proposed location is the most logical placement for a storage garage; and the proposed additions to the cabin are logical and will not adversely impact adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is situated at the northwestern most point of the island. The proposal does not appear to be out of character with the area. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This statement is 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." The proposed garage and cabin additions will not impair the health, safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." This statement is true. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to allow construction of a screen porch addition to the cabin 70 feet from the OHWL; and grants variances to allow construction of the following improvements lakeward of the average lakeshore setback: a screen porch addition to the north side of the cabin, an addition to the west and southwest side of the cabin, and a 25'x35' storage garage; and grants a variance to allow an additional 183 square feet of structural hardcover within the 0-75 foot zone for a total of 943 square feet of hardcover where no hardcover is permitted and 760 square feet currently exists, subject to the following conditions: Council approval is based on the survey by Kemper & Associates, Inc. dated 03/16/16 and building plans dated 04/19/16 submitted by the Applicants and annotated by City staff, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b627 attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Hardcover within the 0 to 75 -foot zone shall not increase above 943 square feet. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed on the cabin additions and the storage garage within one year of the date of Council approval, or the variance will expire on that date (May 9, 2017). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 9th day of May, 2016. ATTEST: ane Tiegs, City Clerk/ CITY OF ORONO: lv,�, J01 d�=L_d, LIM Tod McMillan, Mayor Property r STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b627 This instrument was acknowledged before me this a-'d'ay of 20 b, by Christopher Neugent, husband of Leslie Neugent. ''lel✓✓lllll,�lll,./lfl./l�llll„(( e riR;IK , / � 1 • 1) STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public '00jx� This instrument was acknowledged before me this [day of tJC�-p/ 20, by Leslie Neugent, wife of Christopher Neugent. �< RACHEL DODGE NOTARY PUBLIC -MINNESOTAMy Commission Expires Jan. 31, 2020 Notary Public 31 a .d %rD iDQI '710 BIG ISLAND ,POLE FLAG � \ CITY OF ORONO, HENNEPIN COUNTY, MINNESO'I EIRE a� BO DD �_ LAKE MINNETONKA I : WALL \ H04M RECORDED ELEVATION -231.11 (O M/201y 9 C1DR2�9 E3EVAnON= / \ \ LONE" RECORDED ELEVATION -M-73 (12 a10.7(N ) (ESTA9I19IED HY MIM°TIAHA 9" CEDAR STONE 933 \ \\ ORDINARY WON WATER LEVEL-On.4 CREFX WA7ER91ED DISLRICI) /RETAI STEPS — WALL WN \\\ OFmNALLARAL A "LAKE �A DEPARTMENT — ORDINARY IGH WATER u" SPRUCES 9� /VEL o (/ .4 NOYD 29) .. LINDENS 9J6 R� � MA \ �� 929. W 84 � 12 ASH 9 ` I \ 1e" \ L':• / a32 \ 931 _ _ I — ` .� e � 4• 21" I X036 // 18" uAPIE fir• • I" �/ 935 NS BOUIDERO 931 1e' \ 4 WALL g's _ 21" MAPLE /(y� 9" CEDAR MAP 12" CEDAR 936 9" F11EBMW o / t 15' OAK 24.0 PEAK ELEV. 4" Al 15" M STONE 1 21• 24" MAPLE 20 A 1 �O 9 / \�N I "MRE MIG 1 1.41 � 2Y M 24" MAPLE 9 y o. 39 21" MAPLE a I - /Tom° 18"X0.77.32 9 21" MARE 9" VNDEN ROOF fl V. PEA,K�P� d a-'Eg . dk • g i° 6Ass�lorr '�f, I, 94 -r a� sETeAai 71SRLADOR x � 1e- UNDEaN ND � �� T; �- � " � '�� , , / o4?2 STORY - 9 , 12">> LE ./ , Q1 , EDDTPIIMT A�43" SO. FL \ 44 .90 I- LM 15" OAK N p 6 9• AK \ �y 1� \ 1 � ' 1 p I 9" LINDEN j h + AD 94p S+ • �L a •- \ 94&6CDEN ^ JO" MAPLE I 4 15" MAPLE \ , 942.3 � 1 I \ 9• t2" LM \ 27" APt1 a'fE I R? 11Y OAK I z- 73. O \ \ 94263 ' 9 LII J X94272 d 14 ai \ OMT LIEVATFn 942-°�� ° N 94e -117-23- 4-� 76 PID �TS \ wAIER - 27" MAPLE Q' • TANK L 9. LINDEN -2-A \ av LINDED OF \y7 /• 12' LJNDEN FOUND lAf N 21" DEAD 12' DEAD JJD00AL y/ MAPLE � I MONLNE77T \ \ / 1 .� 9" OAK 0AR'LE r m �X §r m m r Z NO m Resolution Exhibit B 6627 Not For Construction =I NEUGENT ISLAND HOUSE "o 1. >' '> I 710 Big Isand ° Orono, MN 55356 r.-8 T N 16 6627 up N9 NEUGENT ISLAND HOUSE Tao Big Isand Orono, MN 55356 Y'ao lli Poem 0 rvioc4- 15- -Pout S'Ofw I Not For Construction j 01! eNuw it _30 n �1 N C m a r m m r Z ME MR 6627 SO Not For Construction NEUGENT ISLAND HOUSE 7lo lig IsandV-�= w� N Orono, MN 55356 N D z r m m r v m 9 O r O z .D z IT kriIs NEUGENT ISLAND HOUSE 710 Big Isand Orono, MN 55356 6627 Not For Construction m r m m r v m 9 O r O z z r r� Irk NEUGENT ISLAND HOUSE - U 710 [3ig Isand Orono, MN 55356 6627 Not For Construction Z O m D W m r m D O Z I I I I I I I NEUGENT ISLAND HOUSE 710 Big Isand Orono, MN 55356 6627 Not For Construction 6627 wit = �r �z NEUGENT ISLAND HOUSE 7lo Big Isand Orono, MN 55356 Not For Construction 0 o n �1 N Cn O m m r m D O z NEUGENT ISLAND HOUSE 710 Big Isand Orono, MN 55356 6627 Not For Construction U) O m D U) m r m D O Z 6627 NEUGENT ISLAND HOUSE 710 frig Isand Orono, MN 55356 Not For Construction � N Q r 1 NEUGENT ISLAND HOUSE 710 frig Isand Orono, MN 55356 Not For Construction m v n m co C r= 0 z G1 m n O z 6627 NEUGENT ISLAND HOUSE 710 Big Isand Orono, MN 55356 Not For Construction k ' i y m v n m co C r= 0 z G1 m n O z 6627 NEUGENT ISLAND HOUSE 710 Big Isand Orono, MN 55356 Not For Construction G) D m c 0 z G) m n O z 6627 NEUGENT ISLAND HOUSE 710 Big [sand Orono, MN 55356 a Not For Construction E�v oNwT S� n IMV NM w ="s n y N 8 1 1 r - F, O C § G) D G) m m r m O z r� L_ z 2 G) D G) m m m D O z V A v N O O r- m r- l ,,- =cmn 1 "-I ay ay G) , m m m m m r, m m D O, z z a i L _ L_ #j Not For Construction Ir IrM>��-` ►N NEUGENT ISLAND HOUSE H�> rs 710 Big (sand ° g�1 Orono, MN 55356 t n N N STATE OF MINNESOTA ss COUNTY OF HENNEPIN The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at,the. meeting of the Orono City Council on May 9, 2016, with the original thereof on file to my d€lice, and;the same is a correct transcription thereof.o. cn WITNESS my hand officially as such City Clerk and the cq �pte de thy'-i%y this 11 day of October, 2016.° �1 e Tiegs;.°City r RUN DATE: 12/18/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 22-117-23 24 0001 GERALD A ERICKSON JR ET AL 720 BIG ISLAND ORONO MN 55331 GERALD A ERICKSON JR 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 22-117-23 24 0006 RECREATION POINT LLC 38 ADDRESS UNASSIGNED ORONO MN 00000 RECREATION POINT LLC 387 MARGARET CIR WAYZATA MN 55391 38 22-117-23 24 0008 RECREATION POINT LLC 700 BIG ISLAND ORONO MN 55331 RECREATION POINT LLC 387 MARGARET CIR WAYZATA MN 55391 38 22-117-23 24 0009 C NEUGENT & LESLIE NEUGENT 710 BIG ISLAND ORONO MN 55331 CHRISTOPHER NEUGENT LESLIE NEUGENT 2110 PORTICO GREEN WAYZATA MN 55391 38 22-117-23 24 0010 THELMA L BRYSON 690 BIG ISLAND ORONO MN 55331 THELMA L BRYSON 3082 WILLOW DR MEDINA MN 55340 38 22-117-23 24 0011 W E BRYSON II & T L BRYSON 670 BIG ISLAND ORONO MN 55331 WILLIAM E BRYSON II THELMA L BRYSON 3082 WILLOW DR MEDINA MN 55340 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. Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 12/18/2017 22-117-23-22 1 22-117-23-21� Buffer Size: 350 feet Map Comments: 710 Big island 22-117-23-24-0009 0 60 120 240 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us Date Application Received: January 17, 2018 Date Application Considered as Complete: February 2, 2018 60 -Day Review Period Expires: April 3, 2018 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, City Planner Date: February 20, 2018 Item 5 Subject: LA18-000006, Elevation Homes o/b/o Whitehall II, 1390 Fox Street, Variance Public Hearing Application Summary: The applicant is requesting lot area and lot width variances to take advantage of the Tier 3 35% hardcover. Staff Recommendation: Planning Department Staff recommends approval of the area and width variances. Background The applicant is requesting a lot area and lot width variance to permit construction of a single family home on a non -conforming lot of record. Non -conforming lots of record are limited to 25% hardcover. Based on the distance from the lake, this lot, if conforming would be permitted 35% hardcover. The lot was part of a plat that was recorded in 1887 before the RR -113 zoning district was implemented. The applicant has submitted a project narrative as Exhibit E. LOT ANALYSIS WORKSHEET Section 78-420 - Setbacks: DISTRICT RR -113 Required Proposed Front 50' 50' Rear 50' 50' Street 30' 32.5' Side 10' 13.27' lection 78-420 - Lot Area/Width: DISTRICT RR -1B Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 20,037s.f. (0.46acres) 133' Section 78-1700 -Hardcover Calculations: Stormwater Overlay Total Area Allowed Proposed Existing Hardcover District Tier in Zone Hardcover Hardcover 7.013 s.f. Roughly 2000 s.f. 5,716 s.f. Tier 3 20,037 s.f. (35 %) (10%) (28.49%) FILE #LA18-000006 2/20/2018 Page 2 of 4 Applicable Regulations: 78-72: Lots of Record (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR- Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. d. All other zoning district standards can be met. (3) A lot subject to either subsections 78-72(c)(1) or (2) remains subject to the hardcover restrictions of this chapter, as follows: a. Where the hardcover square footage allotment as calculated based on the assigned tier exceeds 25 percent of the entire lot area, hardcover shall be limited to 25 percent of the entire lot area. Governing 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. Single family residences are a permitted use within the RR -1B zoning district. 2. The variance is consistent with the comprehensive plan The residential principal structure and associated amenities are residential uses which are consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties. FILE #LA18-000006 2/20/2018 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner is proposing to use the property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size, which is a result of the property being platted as part of the 'Minnetonka Bluffs' subdivision in 1887, long before local zoning codes were in effect; and c. The variance will not alter the essential character of the locality. The 'Minnetonka Bluffs' neighborhood consists of 50 foot lots but most have been combined so most lots range from 100-200 feet in width and ranging in depth. Over time a majority of these lots have each been developed for individual homes. In the opinion of staff, a single family residence and associated amenities on a single lot in this neighborhood will not be inconsistent with the character of the surrounding neighborhood. 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. S. 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 RR -16 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 lot area, lot width, setback, hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the neighborhood; however, in order to be allowed the 35% hardcover that other developed similar -sized lots are afforded, a variance to lot area and width is required. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff, the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar -sized lots are allowed. 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 of the area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. FILE #LA18-000006 2/20/2018 Page 4 of 4 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the property to be developed under the same hardcover and structural coverage allowances as other similar -sized developed lots in the neighborhood. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit A, and should be asked for additional testimony regarding the application. Analysis The City code identifies a 35% maximum hardcover for Tier 3 districts on the Stormwater Quality Map. The shoreland overlay district highlights the importance for protecting lakes and waterways and allows for development in small nonconforming lots to not exceed 25%. Allowing a lot area and lot width variance permits the parcel to meet the Tier 3 standards of 35% hardcover. Staff feels a Tier 3 parcel which does not abut the lake or any waterways, meets the intent and purpose of the comprehensive plan and will not create any negative impacts. Public Comments To date, no public comments have been received. Issues for Consideration 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? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Are there any other issues or concerns with this application? Planning Staff Recommendation Staff finds there to be practical difficulties inherent with the property due to its size and width in the RR -113 District. The applicant's property had contained a single family residence for many decades. The ability to have the same type of hardcover amenities as other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. If the commission concurs, a recommendation for approval should be made for the presented application. List of Exhibits Exhibit A. Practical Difficulties Documentation Form Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Submitted Hardcover Calculations Exhibit E. Project Narrative Exhibit F. Property Owners List and Map PRACTICAL DIFFICULTIES DOCUMENTATION FORM 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. This is a single family home 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The hardcover restriction was written for lots considerably larger than this particular property and based upon "DNR" recommendations which the city is aware of. 3. The variance, if granted, will not alter the essential character of the locality. The property had a single family home and the property will continue to have a single family home. The arborvitae hedge along fox street and Orono Orchard Road trees will remain in tact. The grading on property will be minimally altered. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. na 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. na 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. na 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. na 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. na 9. The conditions do not apply generally to other land or structures in the district in which said land is located. There are a few lots in this district that are considered non -conforming lots from an area and lot width perspective. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. na 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. na 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. na X C) x EXISTING CONDITIONS PROPOSED CONDITIONS 966.7.... j I 966.7 / . 966.5 j _ 966.5 . . ... -- HOUSE UNDER HOUSE nv`rJ CONSTRUCTION n `rJ CONSTRUCTION ( \ X 959.1 �J \ �� ---- \�J \ / x 959.2 x 959.2 X 959.1 x 959.1-- --- SUN x 959. 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N 786 1787 C6 1770 1772 I d E 966.8 °�6 + / 1774 177 1778 (967 0)X 1779 1781 1783 1785 786 187 ° 1,0 6.9 I 1967.1 .. � _ °� 9 9 D.5 EDROW / D W L `�1 IC R FIND IPI 2 SOLID D I �E o D W � IC R °• (6 b x � SOLID 96.. 966.9 6 .7 9 7 966.7FIND P 17006 9 .5 sDROW� o I �4 d ° END IP I/ 966.4 m 6 .7 FN[> 1 7006 u 966.9-.967.1 967.0 966.9 - 966 a 966 U H n O U OHU g66.4 966.67 T 966.9 END IP 3/4 IN CONCWYE © 966.6 966.EN89 2I 17 W 133.76 O 7 966.9 n 0 1 n U > U p 966.67 967. 967.1 0 1 n 967.4 N H 6.8 966.3 9B6 4 966.3 FIN IP I/2" 966 END IP 3/4 CONCSNE E © N 89 2 117 W 133.76 ? 966.7 966.7 966.2, . 96966 3 966.4 "966 - END IP 1/2 3.7'. WEST AND 1.5' SOUTH 966.4 ... ..... 966.2 e 966.6 966.4 OF LOT CORNER .. . .. 966 4 J 6.7 9E F 9 2 966.6 966. . 4 �. .. � ROCK BERM ' WEST AND 1 5' SOUTH LOT CORNER: FOX STREET ... . .. .. .. . ENTRANCE fr_ FOS STREET - FIELD CREW NO. BY DATE DH, MD 1 EMW 7/14/2017 DRAWN 2 BRV 1/18/2018 DBP, JJA/BRV 3 BRV 1/22/2018 CHECKED Good 1 14 JJA 1771 Arborvitae 2.5 DATE 1 14 06/16/2017 Arborvitae 4.0 Good I-, \ 1\ 1 1 1 \/ I I I I I r) I\ I I\ A F1 F-\ I T I n IN I \J I N I L_ I FA I L- L_ / I N LJ /-\ L) LJ I I I \J I N I, 2'/- X i I X Fence ties are shown on the o .S I W .S side of the boundary line that mei xt� J the fence is located on. I 4'/ X 67. DESCRIPTION OF PROPERTY SURVEYED Lots 13, 14 and 15, Block 13, "MINNETONKA BLUFFS." per Certificate of Title, Certificate Number: 1011240 And That part of the vacated alley accruing thereto per City of Orono Resolution of the City Council No. 5514, Doc. No. A9754840 (The vacated alley shown hereon has not been added to the Certificate of Title at this time.) 1) Site Address: 1390 Fox St, Orono, Minnesota, 55391. 2) Flood Zone Information: This property appears to lie in Zone X (area determined to be outside the 0.2% annual floodplain) per Flood Insurance Rate Map, Panel No. 27053C0308F, effective date of 11/4/2016. 3) Parcel Area Information: Gross Area: 20,060 s.f. - 0.461 acres 4) Benchmark: Elevations are based on the sanitary manhole rim elevation in the NE portion of the subject property which has an elevation of: 955.98 feet (NAVD88). 5) Zoning Information: The current Zoning for the subject property is RR -1B (One Family Rural District - 2 Acres) per the City of Orono's zoning map dated September 2016, and Storm Water Quality Overlay District Tier 3. The setback, height, and floor space area restrictions for said zoning designation were obtained from the City of Orono found on their web site on the date of June 16, 2017 and are as follows: Structure Setbacks - Front: 50 feet Side: 30 feet Rear: 50 feet Height: 30 feet Hardcover: 35 percent of lot area (Tier 3) Please note that the general restrictions for the subject property may have been amended through a city process. We could be unaware of such amendments if they are not in a recorded document provided to us. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. 6) Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be underground utilities in the mapped area, therefore extreme caution must be exercise before any excavation takes place on or near this site. Before digging, you are required by law to notify Gopher State One Call at least 48 hours in advance at 651/454-0002. 7) An Existing Conditions/Proposed Conditions "City of Orono Hardcover Worksheet" has been completed and should be referred to for hardcover information. Proposed Elevations( Final Plans Not Provided Proposed Garage Floor Elevation = 968.0 Proposed First Floor Elevation = 968.5 Proposed Top of Foundation Elevation = 968.0 Proposed Lookout Opening Elevation = 960.7 Proposed Basement Floor Elevation = 957.5 TREESURVEY Tree # Species DBH Condition Stems Height Notes 1753 Maple, sugar 32.0 Poor 1 split 1770 Arborvitae 5.0 Good 1 14 1771 Arborvitae 2.5 Good 1 14 1772 Arborvitae 4.0 Good 1 14 1773 Arborvitae 3.0 Good 1 13 1774 Arborvitae 5.0 Good 1 14 1775 Arborvitae 5.0 Good 1 14 1776 Arborvitae 5.0 Good 1 14 1777 Arborvitae 5.0 Good 1 14 1778 Arborvitae 5.0 Good 1 14 1779 Arborvitae 5.0 Good 1 14 1780 Arborvitae 5.0 Good 1 14 1781 Arborvitae 5.0 Good 1 14 1782 Arborvitae 5.0 Good 1 14 1783 Arborvitae 5.0 Good 1 14 1784 Arborvitae 5.0 Good 1 14 1785 Arborvitae 5.0 Good 1 14 1786 Arborvitae 5.0 Good 1 12 1787 Arborvitae 5.0 Good 1 12 F1 I=) A /1 N I F- I I I I I I r-) N I n A F1 F1 I T I /1 N I LJI\/-\\7UINI L F]IL_L_ LINO /-\UUI I I�/IN SURVEY LEGEND CAST IRON MONUMENT WOE WALKOUT ELEVATIONBITUMINOUS ...................:.: . M CATCH BASIN FEE FIRST FLOOR ELEVATION -s BUILDING SETBACK LINE a FLARED END SECTION GFE GARAGE FLOOR ELEVATION CTv CABLE TV (X GATE VALVE TOF TOP OF FOUNDATION ELEV. CONCRETE CURB < GUY WIRE LOE LOWEST OPENING ELEV. CONCRETE HYDRANT I] CABLE TV PEDESTAL - 960 _ CONTOUR EXISTING O SURVEY MONUMENT SET ❑E ELECTRIC TRANSFORMER sso CONTOUR PROPOSED V O ELECTRIC MANHOLE o 0 ea. • SURVEY MONUMENT FOUND - --�-�-�- GUARD RAIL J fo, I 0 SURVEY CONTROL POINT (E) ELECTRIC METER DT DRAIN TILE �ir�is wooa C © GAS METER ELC r LIGHT POLE ELECTRIC UNDERGROUND oiCKENSON 5T. w x� I O GAS VALVE -X-X- n��l N POWER POLE ❑H HAND HOLE FO FIBEROPTICUNDERGROUND p R1 N Fox sT. NE�� I �S SANITARY MANHOLE SOIL BORING GAS- O N SITE ogF`� GAS UNDERGROUND T O R SANITARY CLEANOUT orTONo TNaLE Ro y TREE CONIFEROUS OHU OVERHEAD UTILITY azsw w.--��.,�_ -o- SIGN S \ TREE DECIDUOUS ``- Bearings are based on the Hennepin County 972.5 GROUND ELEVATION """"""""" RAILROAD TRACKS `y C)5M- M Coordinate System (NAD 83 - 1986 adj.) C OO TELEPHONE MANHOLE > SANITARY SEWER A 1 TELEPHONE PEDESTAL A 0 STORM DRAIN STORM SEWER L T�ng 20 10 0 10 20 40 P STORM MANHOLE TEL TELEPHONE UNDERGROUND E LQke e.aw„s say 0_ -TRAFFIC SIGNAL �S YARD LIGHT Q UTILITY MANHOLE UTL UTILITY UNDERGROUND SCALE IN FEET D A/C UNIT REVISION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed TREE SURVEY CONVEYANCE OF INFORMATION) OF THIS PRODUCCTT IS y USE (INCLUDING COPYING, DISTRIBUTION, AND Land Surveyor under the laws of the State of Minnesota. PROPOSED CONDITIONS STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID Dated thi 19th day of e, 2017. REMOVED REF. POOL AND FRONT WALK AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF 1 ALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY 9.11 l) C LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES David B. Pemberton, PLS Minnesota License No. 40344 RESULTING FROM ILLEGITIMATE USE. pemberton@sathrc.com SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-6000 WWW.SATHRE.COM 0 WELL UTILITY PEDESTAL WATERMAIN TWP:117-RGE.23-SEC.02 FILE NO. Hennepin County CERTIFICATE OF SURVEY 99508-001 ORONO) MINNESOTA PREPARED FOR: I 1 WHITEHALL II, LLC 1 O O 0 01x 0 W 0o U) 0- 1 / 37„C:� ; O \ _ 1 1 I I 1 V I ^ , I ST'G TREE TO REMAIN / \ 1 I / \ I 1 I \ I \ I 1 I 1\ 1 \ 1 / / / / I / wz / 3�:; LU Ln LU QIw� ZI <r % I h — `_0 REMAIN I Ii i — ' E. 50” FNI \ / / / I E. 26" MP V j-----�y��---------- swig De k d 1 710 T8 t l U 19R L ne o� BIa V / p ® landin abv. x _ m '6. 1 7 „ g a 7 � 6 It �� 1 / �o^I 7.15 ea. 16'10 RC 1j2'2 J IICD10 01, % 12"T tyP. V 1 w.C.�l P dr. t y 3'0 X 5'9 4'7 X 5'9 Floor dr n Tran -4 bv. - - \/r -I L- I / ✓ EL. 9 .6' *90#x 3'w Dr. 3'w Dr. _ — i _ 3 T.OI SPBFLR.K y IA Se_rvice HallDn 17R@ -_ i 7 azxz6's% - Z 15"ea. 1 1� 2'T tvp. p - --- alo c.B.Lcab;aers -- U U.C. �� -----k_""" EL.9 '6F G �� a o� Pantr�- -� 4._6• 5-' 4'-6' ir'� r --__n v�___rtieic Y iax4'9 �I � I �� i oa'eo. EL. 966' '' b / - i i 1i I � 11 ". W/o Coat all v 1 1 al ---------------- -7 I ° I Island - 6TIL 3� T i 6'x9'4 F =_ __ ,I 4- a-ff / m', a V a ivin Rm - nin1R Kitclmen1I �I — dei Gar o �, + -- 33'0 22'7 rr i I — I '10 X122' z a � i 21516'6 5 , 16'4 X A 10 3 -- -.c / --- _ I OWIIBr Ex. � --- -- i I I I \ �'i�'`' ining �Ta _Il<J- a=lars�l— -r- 2'---- --�-- —---------------- 10'3"L�i47" 4'-CLR — - - - I I 1 i i I i � r i/ z�i ---- --+-- ----- ^ ' ----- ----- -- -- ---- 0 3� m x /� Q (� Q d PancTed�C-0. P�ucicd C.O. Pancicd C.O. -. ... I % I / ve' LU I t I --- ---1 — J --/ \ - — — — Line of 1L --- roof above o _ - Q 29'F:' P-10• W I n W I - 5.6' StedPing / - N ELE. i ySt¢nes / - o> C) rn 4- T cr�ti - --- --------------------------------- ----- i o Fren h drs. CIVIL ELE. J IF01 FRO o \ I Efi EO EO ECi I EO \ — 1:1XIST. H0, IU4v 10' E. 40" — DEM — align w/Col. @ 2nd le el align w/Col. @ 2nd level at*. w/Col. C. 2nd level o _ \ I Frenc — _ Reflecting p o, I I L � I 1/ EX/ST'G TREES TO REMAIN 0 A 0 ; 0 I J-�------- ------------ --------- ARD BACK Q — 1 o Dr ve 18' Xve ----- � I align w/Col. @ 2nd level — — — — --- �I I I iI I i i l i <\ 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% 7,021 S.F. > i STRUCTURAL FOOTPRINT: 3,671 S.F. DRIVE W/ TURN-AROUND/PARKING: 1,709 S.F. < 468 S.F. B4 44 S.F. TREEI EDGQ I 5,892 S.F. REMAINING/AVAILABLE HARDCOVER: 1,129 S.F. / 4,012 S.F. PROPOSED STRUCTURAL FOOTPRINT: 3,671 S.F. AREA CALCULATIONS U MAIN LEVEL PLAN (STAIR INCLUDED): w FINISHED: 1,944 S.F. GARAGE: > I / < Line of r----—rooTabove-------------------�---- / (4) IA [ligb+ins-----�-- N}716 -----50' REA,RD SETBAEK ' SECOND LEVEL PLAN (DEDUCT STAIR): 4. DW i— y � / Wlnc \ ti -n Gr ll I Ii i — ' E. 50” FNI \ / / / I E. 26" MP V j-----�y��---------- swig De k d 1 710 T8 t l U 19R L ne o� BIa V / p ® landin abv. x _ m '6. 1 7 „ g a 7 � 6 It �� 1 / �o^I 7.15 ea. 16'10 RC 1j2'2 J IICD10 01, % 12"T tyP. V 1 w.C.�l P dr. t y 3'0 X 5'9 4'7 X 5'9 Floor dr n Tran -4 bv. - - \/r -I L- I / ✓ EL. 9 .6' *90#x 3'w Dr. 3'w Dr. _ — i _ 3 T.OI SPBFLR.K y IA Se_rvice HallDn 17R@ -_ i 7 azxz6's% - Z 15"ea. 1 1� 2'T tvp. p - --- alo c.B.Lcab;aers -- U U.C. �� -----k_""" EL.9 '6F G �� a o� Pantr�- -� 4._6• 5-' 4'-6' ir'� r --__n v�___rtieic Y iax4'9 �I � I �� i oa'eo. EL. 966' '' b / - i i 1i I � 11 ". W/o Coat all v 1 1 al ---------------- -7 I ° I Island - 6TIL 3� T i 6'x9'4 F =_ __ ,I 4- a-ff / m', a V a ivin Rm - nin1R Kitclmen1I �I — dei Gar o �, + -- 33'0 22'7 rr i I — I '10 X122' z a � i 21516'6 5 , 16'4 X A 10 3 -- -.c / --- _ I OWIIBr Ex. � --- -- i I I I \ �'i�'`' ining �Ta _Il<J- a=lars�l— -r- 2'---- --�-- —---------------- 10'3"L�i47" 4'-CLR — - - - I I 1 i i I i � r i/ z�i ---- --+-- ----- ^ ' ----- ----- -- -- ---- 0 3� m x /� Q (� Q d PancTed�C-0. P�ucicd C.O. Pancicd C.O. -. ... I % I / ve' LU I t I --- ---1 — J --/ \ - — — — Line of 1L --- roof above o _ - Q 29'F:' P-10• W I n W I - 5.6' StedPing / - N ELE. i ySt¢nes / - o> C) rn 4- T cr�ti - --- --------------------------------- ----- i o Fren h drs. CIVIL ELE. J IF01 FRO o \ I Efi EO EO ECi I EO \ — 1:1XIST. H0, IU4v 10' E. 40" — DEM — align w/Col. @ 2nd le el align w/Col. @ 2nd level at*. w/Col. C. 2nd level o _ \ I Frenc — _ Reflecting p o, I I L � I 1/ EX/ST'G TREES TO REMAIN 0 A 0 ; 0 I J-�------- ------------ --------- ARD BACK Q — 1 o Dr ve 18' Xve ----- � I align w/Col. @ 2nd level — — — — --- �I I I iI I i i l i Xref S:\00_PR0 P_T\RAE_1714_\0_CAD\IN-PROCESS\1-PLAN S\a_fp100.curren t.dwg Proposed Architectural Site Plan SCALE: 1/8" = 1'-0" L -J I I I EXIST. I I GARAGE � ------ �1i DEMO �0 I L--- ---- I ' I 1 I I 1 I I 0 FOX STREET I � I � I, I � i EXISTING G/ ZONING/ LOT INFORMATION I Reflect}ng Pool 50'0.1( 25'0 I I' I 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% Xref S:\00_PR0 P_T\RAE_1714_\0_CAD\IN-PROCESS\1-PLAN S\a_fp100.curren t.dwg Proposed Architectural Site Plan SCALE: 1/8" = 1'-0" L -J I I I EXIST. I I GARAGE � ------ �1i DEMO �0 I L--- ---- I ' I 1 I I 1 I I 0 FOX STREET I � I � I, I � i EXISTING G/ ZONING/ LOT INFORMATION LOT AREA: 20,060 S.F. MAXIMUM ALLOWABLE HARDCOVER: 35% 7,021 S.F. PROPOSED HARDCOVER: STRUCTURAL FOOTPRINT: 3,671 S.F. DRIVE W/ TURN-AROUND/PARKING: 1,709 S.F. REFLECTING POOL, BY LANDSCAPE 468 S.F. STEPPING STONES (AS SHOWN, TOTAL): 44 S.F. TOTAL PROPOSED HARDCOVER: 5,892 S.F. REMAINING/AVAILABLE HARDCOVER: 1,129 S.F. MAXIMUM ALLOWABLE STRUCTURAL FOOTPRINT: 20% 4,012 S.F. PROPOSED STRUCTURAL FOOTPRINT: 3,671 S.F. AREA CALCULATIONS U MAIN LEVEL PLAN (STAIR INCLUDED): w FINISHED: 1,944 S.F. GARAGE: 827 S.F. FRONT PORCH, ENTRY & STEPS: 828 S.F. BACK GRILL DECK: 62 S.F. SECOND LEVEL PLAN (DEDUCT STAIR): FINISHED: 1,637 S.F. COVERED BALCONY: 692 S.F. LOWER LEVEL PLAN: & FINISHED: 1484 S.F. UNFINISHED MECH. ROOM: 271 S.F. TOTAL FINISHED SQUARE FOOTAGE: 5,065 S.F. N E Proposed Architectural Site Plan Design Issue Design Issue 2018.01.17 A0.1 COPYRIGHT SWAN ARCHITECTURE, LTD. Uri 0) V 1 w `�' 00m � m (V r—I U w M �-:iCD 0 Ln a�Ln �z tov� .2_1U y L (a CZ cg = vLn r4 2 IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V 1� 1� U C� Proposed Architectural Site Plan Design Issue Design Issue 2018.01.17 A0.1 COPYRIGHT SWAN ARCHITECTURE, LTD. X 4 F LU LU J LL V3 0 0 d d U) co J f11 F Z LIJN a m c m a LU LU W 0 ILING IG 2ND FLOOR T.O. SUB -FLOOR 2ND FLOOR m T.O. WALL FRAMING T.O. SUB -FLOOR MAIN LEVE CIVIL EL - 966.6' GRADE (EXISTING GRADE) ci CIVIL EL - 965.6' N a GRADE (EXISTING GRADE) CIVIL EL - 965.6' L 1/4" CIVIL CEIL MIN( SUB -f FL00 WALL T.O. SUB -f CIVIL EL - ` T.T. Y G� -3 3 4' 7.3 I r_ _ - L __ __ I __ IJ I I I I I I I i --------------------1-------------�------------------{----------- - - - - - --------------L ---� --- --L ----------------- -- -- ----------------- I— — —L — T — — — — — — — —I — — — — — — — — — — — — — — — — — — — — — — — -T — — — — — — — — — — — — — — r — — — — — — — — — — — — — — — — — — — — — — — L — —I — — — J — — — — L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 2 Proposed Back (North) Elevation SCALE: T.O. SLAB GARAGE EL - 966' �_i4 w LQ 00m � m N U + Ln 0 N Y d Ln N c) Ln i r Z ru N Ln •� oY Q }J L M �S L Ln Y � fV IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V 1� a� Proposed Exterior Elevations Design Issue Design Issue 1 1 2018.01.17 COPYRIGHT SWAN ARCHITECTURE, LTD. ee Cl 0=3 _ILING NG 2ND FLOOR 0 — c10 897395 1' C_1VIL Proposed Side (West) Elevation EILING NG 2N[ T.O. SUB-FL00 2ND FLOOR T.O. WALL FRA r _ M � r T.O. SUB-FL00 n::� CIVIL EL - 966.1 GRADE (EXISTING GRADE) CIVIL EL - 965.6' SCALE: q' - 1'-0" 89'-31 CIVIL — — — L- — — — — — — — — � I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- - — �_i4 T.O. SUB -FLOOR :� 2ND FLOOR m U w T.O. WALL FRAMING 00M r _ m Ln N l U Q� ILL CV N Y "' Ln N c/ Ln i r Z ru N T.O. SUB -FLOOR MjjV LEVEL `f CIVIL EL - 966.6' GRADE (EXISTING GRADE) cin CONTRACTORS CIVIL EL - 965.6' CID 1. The General Contractor is 0 — c10 897395 1' C_1VIL Proposed Side (West) Elevation EILING NG 2N[ T.O. SUB-FL00 2ND FLOOR T.O. WALL FRA r _ M � r T.O. SUB-FL00 n::� CIVIL EL - 966.1 GRADE (EXISTING GRADE) CIVIL EL - 965.6' SCALE: q' - 1'-0" 89'-31 CIVIL — — — L- — — — — — — — — � I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- - — �_i4 U w LQ 00M m � m N l U + Ln 0 N Y "' Ln N c/ Ln i r Z ru N Ln •� oY Q fa L M a L Y � fV IMPORTANT NOTE FOR CONTRACTORS & SUB -CONTRACTORS 1. The General Contractor is responsible for verifying all covenants, zoning, building fire, heating, plumbing and electrical code requirements. V c� Proposed Exterior Elevations Design Issue Design Issue 1 1 2018.01.17 A2.1 COPYRIGHT SWAN ARCHITECTURE, LTD. City of Orono Hardcover Calculation Worksheet Property Address: 1390 Fox Street Prepared By: Sathre-Bergquist Date: SB Job Number: 99508-001 Stormwater Quality Overlay District Tier: (Circle One) Tier 1 Step 1: EXISTING HARDCOVER Prepared by: Tier 2 Tier 3 1/16/2018 BRV Tier 4 Tier 5 In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, Identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A House (To Be Removed) Irregular 0 S. F. B Detached Garage(To Be Removed) 20.2x14.1 0 S. F. C Gravel Driveway(To Be Removed) Irregular 0 S. F. D Conc. Steps/Stoop(To Be Removed) Irregular 0 S. F. E Conc. Steps/Stoop(To Be Removed) 6x5 0 S. F. F Conc. Steps/Stoop(To Be Removed) 2x5 0 S. F. G Conc. Walk(To Be Removed) Irregular 0 S. F. H Conc. Walk(To Be Removed) 2.5x15 0 S. F. I Ret. Wall(To Be Removed) 9.5' 0 S. F. J Proposed House Irregular 2,813 S. F. K Proposed Driveway Irregular 1,969 S. F. L Proposed Covered Porch Irregular 622 S. F. M Proposed Entry Deck/Stairs Irregular 206 S. F. N Proposed Grill Deck Irregular 62 S. F. 0 Proposed Walk Irregular 44 S. F. P S. F. Q S. F. R S. F. S S. F. T S. F. U S. F. V S. F. W S. F. X S. F. y S. F. Z S. F. (1) Total Existing Hardcover 5716 S. F. Excludable Hardcover (See City Code Sec 78-1684): S. F. S. F. S. F. S. F. S. F. (2) Total Excludable Hardcover 0 S. F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] 5716 S. F. (4) Total Lot Area 20060 S. F. Existing Hardcover Percentage [(3)+(4)] 28.49% % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contrained herein; however, if any information is not consistent with City Code, the Code provisions will prevail. From: Bill Costello To: Laura Oakden; Charlie McGlynn Subject: RE: Orono Land Use - 15 Day Incomplete Date: Thursday, February 1, 2018 10:38:27 AM Our narrative is below. Our clients purchased the property at the northeast corner of Fox Street and Orono Orchard Road with the desire to build a single family home for their family. The new home would replace the uninhabitable structures that currently exist on the property. Our clients are long-time Orono residents and would like to build their family home to the extent that the city zoning code allows. In particular they would like to utilize the Hardcover Regulation of 35% designated for their respective zoning district and not have to conform to the Hardcover Regulation set forth by the Shoreland Overlay District which is 25%. Therefore we are requesting a variance from the Shoreland Overlay District standard for their lot. This will allow them to utilize the property to the same extent as their neighbors. 38 02-117-23 310006 SANDRA S LARSON 730 2ND AVE S #1400 MINNEAPOLIS MN 55402 38 02-117-23 310009 ERIC M BARRON 1380 FOX ST WAYZATA MN 55391 38 02-117-23 310010 WHITEHALL II LLC PO BOX 92 CRYSTAL BAY MN 55323 38 02-117-23 310016 HADASSAH YEHUDIT ZOHARA 565 HANLON AVE WAYZATA MN 55391 38 02-117-23 310017 HADASSAH YEHUDIT ZOHARA 565 HANLON AVE ORONO MN 55391 38 02-117-23 310018 RICHARD S/KIMBERLEE M BROWN P O BOX 500 WAYZATA MN 55391 38 02-117-23 310052 R T & V H JAFFRAY 540 BARRETT AVE WAYZATA MN 55391 38 02-117-23 310054 DONALD C PETERSON 500 ORONO ORCHARD RD S WAYZATA MN 55391 38 02-117-23 310055 SANDRA S LARSON 730 2ND AVE S #1400 MINNEAPOLIS MN 55402 38 02-117-23 310056 JESSE L CHAPPELL NICOLE M CHAPPELL 1340 FOX ST WAYZATA MN 55391 38 02-117-23 310057 J BRUNELLO LLC 230 BROADWAY AVE N WAYZATA MN 55391 38 02-117-23 32 0001 EDWARD H HAMM 408 ST PETER ST SUITE 434 ST PAUL MN 55102 38 02-117-23 34 0016 JAMIE A SHAVER 1385 FOX ST WAYZATA MN 55391 38 02-117-23 34 0020 EDWARD H HAMM 408 ST PETER ST ST PAUL MN 55102 38 02-117-23 42 0013 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 400 MINNEAPOLIS MN 55415 RUN DATE: 02/01/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 02-117-23 310006 38 02-117-23 310057 SANDRA S LARSON J BRUNELLO LLC 550 ORONO ORCHARD RD S 570 ORONO ORCHARD RD S ORONO MN 55391 ORONO MN 55391 SANDRA S LARSON J BRUNELLO LLC 730 2ND AVE S 91400 230 BROADWAY AVE N MINNEAPOLIS MN 55402 WAYZATA MN 55391 38 02-117-23 310009 38 02-117-23 32 0001 ERIC M BARRON EDWARD H HAMM TRUSTEE 1380 FOX ST 485 ORONO ORCHARD RD S ORONO MN 55391 ORONO MN 55391 ERIC M BARRON EDWARD H HAMM 1380 FOX ST 408 ST PETER ST SUITE 434 WAYZATA MN 55391 ST PAUL MN 55102 38 02-117-23 310010 38 02-117-23 34 0016 WHITEHALL H LLC JAMIE A SHAVER 1390 FOX ST 1385 FOX ST ORONO MN 55391 ORONO MN 55391 WHITEHALL H LLC JAMIE A SHAVER PO BOX 92 1385 FOX ST CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 02-117-23 310016 38 02-117-23 34 0020 HADASSAH YEHUDIT ZOHARA EDWARD H HAMM TRUSTEE 565 HANLON AVE 1391 FOX ST ORONO MN 55391 ORONO MN 55391 HADASSAH YEHUDIT ZOHARA EDWARD H HAMM 565 HANLON AVE 408 ST PETER ST WAYZATA MN 55391 ST PAUL MN 55102 38 02-117-23 310017 38 02-117-23 42 0013 HADASSAH YEHUDIT ZOHARA HENNEPIN CO REGIONAL RR AUTH 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 00000 HADASSAH YEHUDIT ZOHARA HENNEPIN COUNTY 565 HANLON AVE REGIONAL RAILROAD AUTHORITY ORONO MN 55391 701 4TH AVE S SUITE 400 MINNEAPOLIS MN 55415 38 02-117-23 310018 RICHARD S BROWN ET AL TRUST 1300 SHORELINE DR ORONO MN 55391 RICHARD S/KIMBERLEE M BROWN P O BOX 500 WAYZATA MN 55391 38 02-117-23 310052 R T & V H JAFFRAY 540 BARRETT AVE ORONO MN 55391 R T & V H JAFFRAY 540 BARRETT AVE WAYZATA MN 55391 38 02-117-23 310054 DONALD C PETERSON TRUSTEE 500 ORONO ORCHARD RD S ORONO MN 55391 DONALD C PETERSON 500 ORONO ORCHARD RD S WAYZATA MN 55391 38 02-117-23 310055 SANDRA S LARSON 540 ORONO ORCHARD RD S ORONO MN 55391 SANDRA S LARSON 730 2ND AVE S 91400 MINNEAPOLIS MN 55402 38 02-117-23 310056 J L CHAPPELL & N M CHAPPELL 1340 FOX ST ORONO MN 55391 JESSE L CHAPPELL NICOLE M CHAPPELL 1340 FOX ST WAYZATA MN 55391 PAGE: 1 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. Hennepin County Locate & Notify Map Date: 2/1/2018 Buffer Size: 350 feet 0 60 120 240 ft Map Comments: I I I I I I I I I 1390 Fox Street 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 (55) 550 (s) 570 (s7) oS�0 1380 (10) (s) 500 51) 500 (s4) Q 1295 Q 521 (14) o 0 520) 485 ` 540 530 CQ 537 (37) (ts) U 38 540 (52) 38 65 1520 (16) 38 (2) 8 38 n 38 1340 (66)00(18) 38(31) 1385 (16) 17 1391 � 1485 !9 (20) 1305 U — O o c rod -.S 1465 Y 7. 1380 (2) (12) 410 1401 1399 1397 U r 1395 71 Buffer Size: 350 feet 0 60 120 240 ft Map Comments: I I I I I I I I I 1390 Fox Street 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 (55) 550 (s) 570 (s7) oS�0 1380 (10) (s) Buffer Size: 350 feet 0 60 120 240 ft Map Comments: I I I I I I I I I 1390 Fox Street 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