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HomeMy WebLinkAbout11-21-2016 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE NOV. 11, a.1 k' ❑ COUNCIL VI PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please coip`1et- the following` in �.o tion or City rds "n"� PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. 1Z-0 CS E.1..e.NIG% LAI /4'.- 45,20u.)N /eD S. 3 2. JW. Cieae1/41 230 0hr- 3. (4fts apild S14 c /b a2. 4. 6r1.41‘451— C1/4A 2 ell 7 g(..d 5. MikCJAA ..t 2c. 2: 5 O tri co p+ 6. 4 Cewe A VI' aa/ rf 7. de)1 - �-- 3Zg5 IvShl2'6r 8. '..% ( J ( .,. " a ��., c r 9. J. Lv Ld4(rAl cT--- 10. ✓• vilt,Ngon 6C k Lam. 11. 12. 13. 14. 15. V:1(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC • • r • • • . AGENDA City of Orono Planning Commission Meeting for November 21, 2016; 6:30 PM Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600/www.ci.orono.mn.us Council Representative: Mayor McMillan 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. New Business 1. Approval of Planning Commission Meeting Minutes of October 17, 2016. 2. 16-3877 George Stickney on behalf of BPH Properties, 930&970 Prairie View Lane and 1020, 1050, 1100, 1160 & 1180 Mooney Lake Drive,Variance (Staff: Mike Gaffron) 3. 16-3879 Scenic Sign Corp on behalf of Lunds Real Estate, 3333 Shoreline Drive,Variance, (Staff: Jeremy Barnhart) 4. 16-3880 Everlast Enterprises, Inc., 230 Tonka Avenue,Variances (Staff: Melanie Curtis) 5. 16-3881 Charles Cudd, 2525, 2535& 2545 Shadywood Road, Easement Vacation (Staff: Jeremy Barnhart) 6. 16-3882 Jon Ressler, 3683 North Shore Drive,Variance (Staff: Melanie Curtis) 7. 16-3884 Jeff& Pia Schutt, 2750 Casco Point Road,Appeal (Staff: Melanie Curtis) 8. 16-3878 City of Orono, Text Amendment Emergency docks (Staff: Jeremy Barnhart) 9. Update on City Council meetings: October 24, 2016 and November 14, 2016. 10. Planning Commission liason schedule 11. Other issues for discussion. Planning Commission Comments ADJOURNMENT Sign up for email notifications at www.ci.orono.mn.us-follow links for Stay Connected & Email Notifications 1 li r. y �� I-1, ltoorrey ---- 11:-- ) KL 'ake ' -` _ l . Lake .LLCL mu ,l.n.n.uniimno ! .U•l inuuntuousenun r.U.ual.rl.11.0 a.rr.u.r,.r,.,r.,r.u.n.u.11.u.11 u.rl.rl.Oclr.u.u.u.0 rr.rg.ur��l; 1 1:1 ) ��3 ■ s r r r� T i e-- \ r e 0 F G� - ' -� -1'� stio4E �' Mkt; �� Ihir 377 , ' re—C----,.e__ � L ` _ Legend ''` • Lake -.+--I• '.. \ .--�� �' -�/ �n Roads Glasser) - �-\\ - �) r,._..�� —Ly ` �` ` Take -- >� U.S Trunk Highway ■ y •• _� take -.. t E MinnesotaTrunkHighway 1 .1„�r� 7� �� `y . City of Orono Planning Commission Meeting for�' �► ` Local Roads IS _,� G V Orono Council Chambers, 2780 Kelley Parkway, _j /— r U—IL — Private Streets �` ,L[710111,0 _ I_, ,. / Orono, MN 55356 Railroad i _ / ` „�„ 952-249-4600 /www.ci.orono.mn.us Ld" City Limits - �� J . e � r' ••ar =- New Business -- L - rm.'''. ,: . 1. Approval of Planning -- _ �� -mon �� ` C Commission Meeting --� _ i Minutes of October 17, 2016. l.. 16-,:.:,:0 ._.- . . i %- <7, �� �' 2. 16-3877 George Stickney on behalf of ,44 inn t'---- BPH Properties, 930 8�970 cv- gby r) I � gums �� r' Prairie View Lane and 1020, \ ; �� y t v 1050, 1100, 1160 & 1180 \ -, -- -'� / Mooney Lake Drive, - T Variance �,t �, �% , . , Bay (Staff: Mike Gaffron) Ate, La•l 1 ( (/2j �, �, ``� - F, 3. 164879 Scenic Sign Corp on behalf rant \ `1^~✓ ' i S C� / ' of Lunds Real Estate, 3333 - ` •� ` , p■ I p - ) Shoreline Drive, Variance, g•s a `.�% .�\`�i _ �'-� i '\ 11 A ,-' ` (Staff: Jeremy Barnhart) _ `��"4. k_____,,,,,,,,,_ i ' s'4- '`, Snrilk+r _. Brackens I s \ 4. 16-3880 Everlast Enterprises, Inc., I ♦ i1`uir I 230 Tonka Avenue, Y G �- �#4.• `' 6- t 1 ill ,'' .. Variances l 1 if.-,-IN- : wear //—i 8ohns '�� t (Staff: Melanie Curtis ) �-]l I Anw !A c tar Po" ,�`i!�y - Bay tea+# r ic'-4----------A,/,&1_ .f - // # / ►••�, Lake5. 16-3881 Charles Cudd, 2525, 2535 & 1-l` ' , i '� Minnetonka �`�,�w, ( ` " �� 1---.._44,__. 4 �, ''�''•� Z? 2545 Shadywood Road, �'y---1 . { �,s, a /~ "`0 1��� � \ P.E. = 1/' o � Easement Vacation 4lr�r•.r•■■•.•,.er .� t9 r �� +�O (Staff: Jeremy Barnhart) -----M--- - i - �,_ L1ni loo c,-- ----....2.-------______//Ll : It• r,-,--7-\,..- - w 0391 Il II�C) �`11►'1' J � �� wilmillit`Larararte �Q ` r .� a �r����nr 6. 16-3882 Jon Shoreessler, 3683 Drive,Varialloe h 1 i, 2 kilt - , to f ��•` o,5! �,�� ���/�` (Staff: Melanie Curtis) � _____J ` 2. _.....r�� ��r /, /- J Paint `�� /�/ -� .. .,) .) l�� 7. 16-3884 Jeff& Pia Schutt, 2750 t.,_ r � %Y, ; swag' G; __ , ,,.--_- Casco Point Road,Appeal ��� _'____J, =.11 � ,-.3` eark,y '-.•., ,� �s \ i f� '7)-----_\___i� ,J� ` o� Staff: Melanie Curtis 1Ur oaW0 i \`'1 �� } .•`�'s \ • C ,...n.ul�n.mm�r, ) I0 1__ 44 cascr, 0Porn:e 1 C Point f�' i - PC Agenda 1.90- , - ai �r 11- _ Disclaimer. I r-Q \i �i- C This drawing is neither a legally recorded map nor ah.u.u.u.r+� /l r (1 1. i —Il Iti 11 —�C`lC- I � nn� �--__1- survey and is not intended to be used as one.This ® BOLTON drawing is a compilation iouscity, t,c of ,arecords,intatermaces,and data & M E N K located in various city,county,and state offices,and other 0 3,306 Feet sources affecting the area shown,and is to be used for reference purposes only.The City of Orono is not responsible for any inaccuracies herein contained. Real People.Real Solutions. ®Bolton&Menk,Inc-Web GIS 11/18/2016 9:16 AM MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 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 Bruce Lemke,Denise Leskinen,Loren Schoenzeit, and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron,City Planner Melanie Curtis,and Recorder Jackie Young. Council Members James Comick,Lizz Levang, and Dennis Walsh were present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 19,2016 Lemke moved,Leskinen seconded,to approve the minutes of the Orono Planning Commission meeting of September 19,2016,as submitted. VOTE: Ayes 5,Nays 0. 2. #16-3866 LECY BROTHERS ON BEHALF OF CHARLIE AND NORA DAUM, 120 FAGERNESS POINT ROAD,VARIANCES This item was removed at the request of the Applicant. 3. #16-3870 SCOTT HOCHSTEDLER,VACATION OF HILL STREET,6:32 P.M.—6:36 P.M. Scott Hochstedler,Applicant,was present. Barnhart stated the two property owners adjacent to a 130-foot lot segment of unimproved Hill Street are requesting formal vacation of this roadway. The adjoining parcels use Crestview Avenue for access and legal frontage. The segment to be vacated does touch an improved lot to the east,270 Crestview,though this lot has direct frontage on Crestview Avenue,which is further to the north. The only improvements within the right-of-way to be vacated are private,which is a drive serving 300 Crestview Avenue. The City Engineer recommends that an easement for drainage purposes be acquired,which is a common easement acquired as part of platting. Hill Street,west of Crestview Avenue,was vacated in 2001. There are no known utilities in the street that need to be vacated. Whenever a public street is vacated,the vacated portion is split down the middle,with each abutting parcel receiving half. The northern half would go to 290 Crestview and would increase this lot size, removing the need for certain variances associated with a planned expansion of his home. The southern half would go to 300 Crestview. The property owners plan an easement to protect the existing driveway. Staff is recommending approval of the vacation as proposed subject to an easement being executed for drainage and utility purposes similar to what the City requires on newly platted properties. Thiesse asked is there is five feet on either side. Barnhart indicated side property lines are generally five feet on either side. Page 1 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse asked if there would be five feet to the side of the driveway. Barnhart stated the driveway would be covered by a separate easement between the two property owners and not the City. Scott Hochstedler,Applicant,was present but did not address the Planning Commission. Chair Thiesse opened the public hearing at 6:35 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:35 p.m. Schwingler commented the application is fairly straight forward. Schoenzeit asked whether any of the pavement will be removed. Thiesse stated there will just be a standard easement in the event the City has to work within the right-of- way. Barnhart stated through the easement the City can require that and that they are not proposing any work within the proposed vacation area. Leskinen moved, Schwingler seconded,to recommend approval of Application No. 16-3870, Scott Hochstedler,vacation of Hill Street per Staff recommendation. VOTE: Ayes 5,Nays 0. 4. #16-3869 SCOTT HOCHSTEDLER,290 CRESTVIEW AVENUE,VARIANCE, 6:36 P.M.—6:44 P.M. Scott Hochstedler,Applicant,was present. Barnhart stated the applicant is requesting a variance from the front yard setback requirements that would permit a front setback of 41.7 feet where 50 feet is required. The applicant is proposing a 359 square foot addition onto the front of his home. The addition would be located 41.7 feet from Crestview Avenue and 33.9 feet from the existing property line to the south given the recent recommended approval of the vacation. Without the vacation the addition would be located 13.9 feet from the south property line. Barnhart displayed a survey of the property and pointed out the location of the addition. The proposed addition is to the right of the front door. Barnhart pointed out the location of the new property lines with the vacation of Hill Street and noted that the lot is now large enough to accommodate the proposed single- level addition to the house. Barnhart displayed a sketch of the proposed house. Barnhart stated based upon their analysis, Staff found that a majority of the standards have been met. The proposed improvement requires a 9-foot reduction in the front yard setback, which leaves 41.7 feet of separation between the house and the street. With this reduction,the large yards envisioned by the Page 2 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. ordinance and Comprehensive Plan are maintained and preserved. Most of the other homes in the neighborhood are similar in size,with setbacks from Crestview a shorter distance than proposed by the applicant. Further,alternative locations for the expansion would require other variances,which may result in greater impact to adjacent properties or require an upward addition,which may have a greater massing impact on the neighborhood over what is proposed. Staff supports the front yard setback variance request as proposed. Barnhart noted without the vacation of Hill Street, additional variances for hardcover and structure would be required. The Planning Commission had no questions for Staff. Scott Hochstedler,Applicant,thanked the Planning Commission for consideration of their application. Hochstedler stated they have been working on this project for over a year and that the information before the Planning Commission has been the result of a lot of give and take on both sides. Hochstedler stated in their view careful consideration has been given to the issues. Chair Thiesse opened the public hearing at 6:43 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:43 p.m. Thiesse asked whether the Planning Commission feels this meets the standards for a variance. Lemke stated in his view the addition works well,is within the parameters of the neighborhood with regards to setbacks, and would be an improvement to the house. Schoenzeit stated he agrees with Staff's report that this is the best location for an addition. Leskinen indicated she is in agreement with Staffs recommendation. Lemke moved, Schoenzeit seconded,to recommend approval of Application No. 16-3869, Scott Hochstedler,290 Crestview Avenue,granting of a front yard setback variance. VOTE: Ayes 5, Nays 0. 5. #16-3871 JACOB PIVEC ON BEHALF OF MIKE SETNICKER, 1175 WILLOWBROOK DRIVE,VARIANCE,6:44 P.M.—6:50 P.M. Jacob Pivec,Applicant,was present. Curtis stated the applicant is proposing to construct a 1,400 detached garage on their property for storage. The garage is proposed to be set back 50 feet from the front lot line. The home is set back 82 feet. Because an accessory building must not be located closer to the street than the principal building, a variance is necessary. All other setbacks and zoning requirements are met. The property is approximately 5.5 acres in area. Given the size of the lot, a single oversized accessory structure with a maximum of 2,200 square feet is permitted. The applicants are proposing a 1,400 square foot garage. Curtis noted Staff's report inadvertently omitted the hardcover calculations for this property. The hardcover for the garage is proposed to be at 3.7 percent. Page 3 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. The building official has conducted a preliminary septic analysis for the project and he has requested additional information from the applicant to ensure that the project will not impact the existing or future sites. The building official's comments are included in the Planning Commission packet. Staff would require that information be confirmed prior to the issuance of a building permit. The Planning Commission may wish to discuss the practical difficulty analysis contained in Staffs report. The applicant should be asked for additional testimony regarding the application as well. Staff finds the location and orientation of the existing home,the septic sites,and topography of the property make locating a conforming accessory structure difficult. It appears the impact of the 1,400 square foot garage would be mitigated by both the existing wooded areas and the separation between the building and the homes on adjacent properties. Neighbor comments were received and are included in the Planning Commission's packet. Staff recommends approval of the variance in conjunction with the property owners agreeing to the oversized accessory structure covenants to be recorded against the property. The Planning Commission had no questions for Staff. Jacob Pivec,Builder, stated he would be able to answer any questions the Planning Commissioners may have. Chair Thiesse opened the public hearing at 6:47 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:47 p.m. Schwingler commented in his view it is the right location for the building given the lot configuration. Thiesse stated it is probably the only location given the septic,the force main, and the topography. Thiesse stated his concern is with the four trees that are being removed. Pivec stated there are a number of trees in that area. Thiesse noted there appears to only be a couple of scrub trees between the road and the accessory building but that everywhere else there appears to be a number of trees. Pivec pointed out on the overhead the location of the mature trees to the side of the house. Pivec stated their idea is to plant some birch or maple trees to try to continue to keep the canopy for privacy purposes. Thiesse asked if the temporary building in the back yard will be removed. Pivec indicated it will be. Page 4 of 19 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Schwingler moved,Leskinen seconded,to recommend approval of Application No. 16-3871,Jacob Pivec on Behalf of Mike Setnicker, 1175 Willowbrook Drive,granting of a variance subject to the property owners agreeing to the oversized accessory structure covenants that will be contained within the approval resolution and submittal of additional information regarding the septic system. VOTE: Ayes 5,Nays 0. 6. #16-3872 REVISION,LLC,ON BEHALF OF TIMOTHY AND AMY SULLIVAN,440 BROWN ROAD SOUTH,VARIANCE,6:50 P.M.—6:55 P.M. Alex Lang with Revision,LLC,and Timothy and Amy Sullivan,Applicants,were present. Curtis stated the applicants are the new owners of the property and wish to construct a 1,200 square foot detached accessory building which will resemble a barn in appearance. The building is proposed to be set back approximately 175 feet from the front lot line. The home is set back approximately 220 feet. All other setbacks and zoning requirements will be met. Due to the location of the building to the house,a setback variance is required. The two and a half acre property is allowed to have a maximum accessory structure of 1,200 square feet. Oversized accessory structure covenants would be required. The building official has completed his review of the septic system for this project and has also requested additional information from the applicants to make his final determination. His comments have been included in the Planning Commission packet. Any outstanding septic issues must be resolved prior to issuance of the building permit. Staff has provided an analysis of the practical difficulties within the Staff report. The applicant has completed the practical difficulties analysis form and the Planning Commission may ask for additional testimony regarding this application or discuss the practical difficulty criteria. Staff finds that the location of the existing home, septic sites,and wetland/pond on the property make locating a conforming accessory structure,particularly an OAS in the size as permitted,difficult. The impact of a 1,200 square foot two-story barn will be mitigated by both the existing wooded areas and the separation between the barn building and the homes on adjacent properties. No public comments have been received regarding this application. Planning Staff recommends approval of the variance subject to the property owners agreeing with the oversize accessory covenants. The Planning Commission had no questions for Staff. Timothy Sullivan,Applicant, stated he could answer any questions. Chair Thiesse opened the public hearing at 6:53 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:53 p.m. Page 5 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Lemke asked if the applicant has spoken with the neighbors. Amy Sullivan indicated they have and that no one had any objection. Lemke commented the building makes sense. Leskinen stated in her view it meets the practical difficulty criteria as outlined in Staff's report. Leskinen stated given the deep setback of the house,there really is no other place to locate the structure. Thiesse noted all the other zoning requirements are met. Schoenzeit stated the proposal seems reasonable. Schwingler moved,Schoenzeit seconded,to recommend approval of Application No. 16-3872, Revision,LLC,on behalf of Timothy and Amy Sullivan,440 Brown Road South,granting of a variance subject to the property owners agreeing to the oversized accessory structure covenants that will be contained within the approval resolution and septic information being submitted. VOTE: Ayes 5,Nays 0. 7. #16-3873 RYAN AND NATALIE BLACKWELL,80 SMITH AVENUE,VARIANCES, 6:55 P.M.—7:01 P.M. Natalie and Ryan Blackwell,Applicants,were present. Curtis stated the applicants' home is situated as close as 17.8 feet to the front lot line,which is Smith Avenue, 11.8 feet from the north side lot line, approximately 90 feet from Lyman Avenue on the side,and over 200 feet from the rear lot line. The majority of the home is nonconforming with respect to the front and side yard setbacks,although the house as it is could be legally rebuilt in kind in its current location. The applicants are proposing to construct footprint and second floor additions to the existing home which will allow for additional bedrooms and living space. The applicants are proposing a 12-foot extension towards the street resulting in a 22.3 foot setback as well as expansion of the garage 11 feet also within the front 50-foot setback. With the exception of the 15' x 19' master bedroom at the rear of the house,the entire home is located within the 50-foot setback. The proposed expansions of the second story over the existing home and proposed additional both require front and side yard setback variances. In addition, two new rear decks are proposed,with variances being required. Staff has provided an analysis of the practical difficulties within the Staff report and the Planning Commission may ask for additional testimony regarding this application or discuss the practical difficulty criteria. No public comments have been received regarding this project. Staff finds that the nonconforming location of the house resulting in limited to no expansion opportunities on a nearly one acre property constitutes a practical difficulty with respect to making any improvements or changing the footprint. The variances are supported by practical difficulties and Staff recommends approval of the variances as requested. The Planning Commission had no questions for Staff. Page 6 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Natalie Blackwell,Applicant, stated before they wanted to remodel,they wanted to live in the home for a period of time and get to know the neighbors. Currently there is a single-stall garage on the property. Blackwell indicated they have met with Staff a couple of times prior to developing the plan in order to understand the rules and to create a plan that would follow those rules. Blackwell stated she hopes the Planning Commission likes their plan and will recommend approval to allow them to proceed forward to the City Council. The Planning Commission had no questions for the applicant. Chair Thiesse opened the public hearing at 6:58 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:58 p.m. Thiesse stated it appears to be a reasonable use of the property and that they are limited in what they can do given the topography. Thiesse stated a two-stall garage is reasonable for Minnesota and a two bedroom home is not out of line. Lemke commented it is a nice improvement over what exists currently. Schwingler stated there were also no comments from the neighbors. Schwingler stated in his view it is a great improvement. Lemke asked if the applicants have spoken to any of the neighbors about the improvements. Ryan Blackwell indicated they have spoken to all the neighbors and they all said it was a nice improvement. Leskinen moved,Lemke seconded,to recommend approval of Application No. 16-3873,Ryan and Natalie Blackwell,80 Smith Avenue,granting of side yard and front yard setback variances. VOTE: Ayes 5,Nays 0. 8. #16-3874 STONEWOOD,LLC,ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD,VARIANCES,7:01 P.M.—7:27 P.M. Sven Gustafson with Stonewood,LLC; Kathy Alexander,Architect; and Lyle and Gretchen Shaw, Applicants,were present. Gaffron stated the applicants are planning to construct a new home on a substandard lakeshore lot. The property currently contains an existing small home with no garage. The property is located on Shadywood Road on the west side of Crystal Bay. The property is one of the smallest lots in the neighborhood along that shoreline. The applicants are requesting variances for hardcover, lot area, lot width, and structural lot coverage. The proposed survey also shows that there is a 10-foot setback requirement where the applicants are proposing nine feet. Staff believes the house can be shifted slightly to meet the 10-foot setback. Page 7 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. The existing house is fairly small compared to most of the other homes in the neighborhood and has existed as a cabin for a number of decades. The proposed house is a bit larger than what currently exists. When Staff performed an analysis of five homes to the north and five homes to the south,it was determined that the proposed 18.2 percent structural coverage would not be inconsistent with the neighborhood. The lot consists of a quarter acre in a half-acre zone. The applicants are also looking for a hardcover variance to allow 29.6 percent where 25 percent is allowed. In this situation where the existing house has no garage and the proposed house will have an attached garage that meets the required 30-foot setback from the street right-of-way,additional driveway is required. A backup apron is also proposed to allow for easier access onto Shadywood Road. The existing house encroaches slightly into the average lakeshore setback as well as into the 0-75 foot zone. The proposed house,however,will meet the average lakeshore setback and the 75-foot setback. There is a grade level patio proposed that is located partially within the 0-75 foot zone where no hardcover would normally be allowed,which requires a variance. Staff has provided an analysis of the variance requirements. Lot area and width variances are appropriate given the nature of the lot and the history of the lot sizes in this neighborhood. Staff,however,does not feel there is a justification for the side setback variance since the house can be relocated slightly to meet that setback. Staff does not generally recommend granting a variance for structural lot coverage for a new home where there are opportunities for an alternate design,especially in a complete teardown/rebuild situation. The 15 percent limit was established in 1989 primarily to limit structural massing on properties less than two acres in area. Lots smaller than 10,000 square feet are allowed 1,500 square feet of structural lot coverage. Given the surrounding homes,the proposed home is fairly modest along with a fairly modest patio. In terms of the hardcover,the driveway is proposed at a minimum width based on the width of the garage doors and a backup apron. If the width of the driveway is reduced,it would make it difficult to maneuver. Gaffron stated he would answer any questions the Planning Commission may have. Schoenzeit asked what the average ages of the homes were that Staff surveyed. Gaffron indicated there was a range of ages. Some of the homes are fairly new within the last 5 to 15 years. Schoenzeit asked if many of them were constructed with structural coverage variances. Gaffron indicated he did not research to see if they had been granted structural coverage variances but many of them were granted hardcover variances. Gaffron stated in his view most of them are over the 15 percent limit. Thiesse asked if the property to the south is yet to be developed. Thiesse noted the property to the north is much larger than this property. Page 8 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Gaffron stated the property to the north is almost double the size,with a fairly large house,and the house to the immediate south is also larger than the applicants' proposed house. Gretchen Shaw,Applicant, stated at the time of the original submittal,they had not gotten the signatures of the adjacent neighbors. Shaw indicated they have subsequently obtained the signatures of those neighbors and that she would like to submit those at this time. Shaw stated the only suggestion they received was to improve the landscaping,which is something they intend to do. Shaw stated they have owned the home for approximately 20 years. It is currently a cottage or cabin structure and is quite limiting in use. Shaw stated they are planning to retire and that they hope to use it as a year-round home. Shaw stated in its current state,they could not do that. Lyle Shaw,Applicant, stated the house was constructed in the 1940s and is pretty limited. Shaw indicated one neighbor actually reviewed the plans in quite a bit of detail and suggested including a few windows. Jeff Gustafson, Stonewood, stated they are willing to relocate the house slightly to eliminate the side yard setback variance. Gustafson noted in Staff's report it says the property to the south was granted a variance for 20 percent structural coverage in 2006 and that they used that as a guide for what might be reasonable. The Planning Commission had no questions for the applicants. Chair Thiesse opened the public hearing at 7:11 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:11 p.m. Lemke stated he agrees with Staff and that the house appears to fit in with the rest of the neighborhood. Lemke commented the current house is quite limiting. Thiesse pointed out if you take the square footage of the proposed garage and subtract it from the structural coverage,they would be at the current structural coverage on the lot. Thiesse stated it is the garage that is adding the structure to the property and that the applicants have a right to have a garage in Minnesota. Thiesse noted the hardcover is being driven by the turnaround,which is absolutely necessary given the road, and that narrowing up the driveway will not help the lake. Schwingler commented the proposed house improves the neighborhood. Leskinen stated she was thinking the same thing about the garage and that is what is driving the structural coverage. Schoenzeit stated if the City keeps approving structural coverage variances rather than the lots becoming conforming as they rebuild,this whole neighborhood will be rubberstamped at five percent more structural coverage. Schoenzeit stated regardless of where a property is located,the City allows them a 1,500 square footprint,but that these applicants are getting 1,951 square feet over the 1,611 allotted based on their lot size.. Page 9 of 19 MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse noted the lot is small. Leskinen stated that is part of the practical difficulty, especially given the contour of the shoreline,and that in her view it is a reasonable request. Schoenzeit asked why the neighboring house received a 20 percent structural coverage variance. Gaffron indicated he does not know the answer at this time but that Staff can research it prior to the City Council meeting. Thiesse noted that house was built 10 years ago,which is when the precedent was set. Thiesse stated if you look down the channel on the other side south of this area,those houses are also becoming very similar in size. Schoenzeit stated the question is if it makes sense or it is a good idea,is it becoming a wink-wink,nod- nod situation. Schoenzeit stated typically 15 percent has been a very sacred number. Thiesse stated he would agree it is more often than not. Schwingler commented the Planning Commission looks at these on a case-by-case basis and that he does not have an issue with it in this situation. Thiesse noted the applicants are proposing the same size house but are requesting a garage,which is a reasonable request. Schoenzeit stated if this one is not held to the same standard as other lots in the City, in his view the structural coverage variance is losing its weight. Thiesse stated if a 1,600 square foot house and garage are constructed, it would not fit in with the neighborhood since both homes on either side of this property are huge. Schoenzeit stated perhaps this is a discussion for a work session. Schoenzeit stated if the City is not going to enforce the 15 percent structural coverage limit,then it should not be on the books. Thiesse stated the City has held the 15 percent number sacred for a number of years and that this is a variance request. Schoenzeit commented the argument could then be made for a 3-stall garage rather than a 2-stall garage, which would help make for cleaner neighborhoods. Thiesse pointed out the City has granted a number of hardcover variances in the past as well but that is not being discussed tonight. Schoenzeit stated if the rule is 15 percent,the house is too big. Schoenzeit stated if the City is going to stop enforcing 15 percent structural coverage,then it is a reasonable project based on the other homes in the neighborhood. Schoenzeit stated depending on what the duty of the Planning Commission is, it could be an issue. Page 10 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse stated the duty of the Planning Commission is to answer the practical difficulty questions,and that one of the questions is whether it fits the neighborhood. Schoenzeit stated at 15 percent, it would still fit in with the neighborhood. Leskinen commented she would disagree with that. Schoenzeit stated when the next guy asks for a structural coverage variance,there is no way the City can hold him to 15 percent if they approve this one based on the rationale that it fits the neighborhood. Thiesse commented he agrees with that but that he is not going to vote on this one simply because the next application is requesting a structural coverage variance. Thiesse stated he believes this one fits in with the neighborhood. Leskinen noted the whole point of the variance is if it cannot meet the ordinance as it stands and the practical difficulties of this application are very clearly outlined. Leskinen stated by taking it on a case- by-case basis,that does not mean the Planning Commission is blowing off the 15 percent. Leskinen stated the Planning Commission has to deal with the merits of what is in front of them. Schoenzeit stated in the past the Planning Commission has encouraged the applicants to acquire more land if their lot is substandard and they want a bigger house. Leskinen stated the Planning Commission is not talking about that tonight. Schoenzeit commented the City loses credibility in enforcing it anywhere else. Thiesse stated the City has been trying to hold the 15 percent sacred for a long time but that the City has allowed the other numbers to go all over the map. Schoenzeit noted it is a clean sheet and it is way bigger than what would normally be allowed on this size of property. Thiesse commented a 1,000 square foot house on Lake Minnetonka does not cut it in this day and age. Schoenzeit noted it is 1,611 square feet. Thiesse stated the garage consists of the other structural coverage and that it is basically a 1,000 square foot house. Schoenzeit stated if the City is going to stop enforcing structural coverage, it should be discussed in a work session. Thiesse asked if hardcover and average lakeshore setback variances will also be discussed at the work session since they are also being requested tonight. Schoenzeit stated a structural coverage limit is a starting number. Schoenzeit commented the distance of the driveway from the street that naturally adds coverage to the house is fine if it is necessary,but that if one of the top numbers is no longer solid,then the Planning Commission should stop reviewing it. Page 11 of 19 MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Barnhart stated what he is hearing is that the neighborhood has established the scope of the structural lot coverage or style of house and that it might be appropriate to suggest that the City re-examine the structural coverage in certain areas where variances have been granted in the past. Barnhart stated it might be appropriate to look at different standards for different areas at some point in the future but that the Planning Commission should still examine the variance in this case based on what has been presented tonight. Schoenzeit commented the discussion may need to be around nonconforming lakeshore lots where 15 percent structural coverage is not reasonable. Schoenzeit stated the Planning Commission can have that discussion. Lemke stated he understands what Commissioner Schoenzeit is saying,but that given this situation,in his view it is a great solution for a very limiting lot. Lemke stated the practical difficulties are met and that he would vote to approve it. Schoenzeit stated if there is a lakeshore amenity checklist and many people do it for under 2,000 square feet,then the 15 percent limit is out of date. Thiesse stated he agrees and that perhaps the limit should be 2,000 square feet. Schwingler noted that is not before the Planning Commission tonight. Schoenzeit stated based on what is before the Planning Commission,they have to adjust the criteria to put it through. Thiesse commented the City adjusts the criteria for variances all the time. Thiesse stated the applicants can shrink it until it becomes unlivable in order to meet the limit but that they are requesting a variance. Schoenzeit stated he would be happy to discuss it in a work session. Leskinen moved,Lemke seconded,to recommend approval of Application No. 16-3874,Stonewood, LLC,on behalf of Lyle and Gretchen Shaw, 1750 Shadywood Road,granting of lot area,lot width, hardcover and structural lot coverage variances,as outlined in Staff's report,with elimination of the side setback variance. VOTE: Ayes 5,Nays 0. 9. #16-3875 PILLAR HOMES PARTNER,INC.,ON BEHALF OF WHITNEY WINDMILLER AND GREG BLASKO,3295 CRYSTAL BAY ROAD,VARIANCE,7:27 P.M.— 7:46 P.M. Casey Chermak,Pillar Homes,was present. Barnhart stated the applicant is requesting variances to allow construction of a new residence at 3295 Crystal Bay Road and is requesting lot area,lake yard,rear yard,and structural coverage variances. The proposed home would extend into the required lake yard by 11 feet,reduce the rear yard setback to 11 feet where 30 feet is required, and include 17 percent structural coverage where 15 percent is permitted. The proposal does meet the average lakeshore setback. Page 12 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Barnhart noted at the variance training last month,the Planning Commission heard that the property owners are allowed to build within the building setbacks, 30 feet high at 15 percent maximum. The property currently contains a single level walkout home and the applicants are proposing a two-story home with a walkout. There will be visual impacts as a result of the project. Barnhart displayed the survey of the property and pointed out the location of the lake and the road. Crystal Bay Road in this situation is quite a bit lower than the proposed home pad and the people in the area will be able to see the house up on the hill. Barnhart noted there is currently some pretty dense vegetation along the road. Access will be provided through an existing Hennepin County easement that was approved back in 2007. The only comments the City has received to date are to preserve the drivability and the maintenance of that existing driveway. Barnhart stated it would be appropriate to include that as a condition. Barnhart pointed out the proposed garage is situated 11 feet from the property line. The average lakeshore setback line cuts through the subject property. The proposed encroachment into the rear yard setback is for the garage and there is also a portion of the home that encroaches in the 0-75 foot zone. Barnhart illustrated the buildable area of the property. Barnhart stated currently there is an existing water main that runs between 9 and 23 feet north of the property line. That existing water main is not within an easement. Staff has advised the applicant to relocate their house at least ten feet away from that existing water main to allow the City to maintain or replace that water main at some point in the future should it become necessary. Barnhart noted that water main does influence what is buildable. The existing home is within the side yard setback for the property to the north and also encroaches into the lake yard by a small amount. The Planning Commission should discuss whether the proposed improvements meet the criteria for a variance. Barnhart noted the configuration or design of the house has been made to minimize the impacts to the properties to the north and south as well as the lake yard but some variances are still required. Barnhart noted the proposed house is quite a bit higher than what currently exists and that a taller house where a smaller house once stood will have some visual impacts. The applicants are allowed a maximum height of 30 feet. Barnhart displayed a picture of the rear yard of the property. Barnhart noted the property to the south received a variance in 2014,which was for a setback of 57 feet from the ordinary high water line where 75 feet is normally required. That property also received a variance for 36 percent hardcover where 25 percent is normally allowed. Properties on either side have been granted variances since 1989. Barnhart displayed a picture of the area along Old Crystal Bay Road. The vegetation along the road is proposed to be maintained. Barnhart displayed a picture illustrating the easement and a sketch of the proposed home. The applicants are proposing a 2,200 square foot home which does not appear to be out of character with the neighborhood. Barnhart stated the applicant is here to address any questions the Planning Commission may have. Page 13 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse asked if there is a maintenance agreement for the gravel driveway. Barnhart stated it would be part of the easement but that he has not seen an easement at this point. One of Staff's recommendations would be to monitor the gravel drive at the beginning of the project and then verify at the conclusion of the project that it is within the same standards. If the majority of the construction occurs during the winter,damage to the gravel driveway would be minimized. Casey Chermak,Pillar Homes, stated Staff has been very forthright and has helped guide him along the way. The location of the water main was pointed out to them very early on in the process and was a driving force in what is being proposed for the property. Chermak stated the location of the water main was not known prior to the purchase of the property and that the larger setback is more onerous on the property owners. Chermak stated based on Staffs request for an easement, it seemed fair to pull the garage forward. The size of the garage has also been reduced and was set forward a little bit to hold the grade up on the north side. The south side of the garage would act like a landscaping retaining situation,which also enabled n some of the trees in the front near the gravel road to be retained. Chermak stated if they look at the survey,they modified the grade where the utilities are very minimally so that access to that area would be easy. Some of the architectural things that were done were driven by that easement and that they attempted to make the house fit into the neighborhood. Chermak noted the new house to the south is a two-story house and fits very well in the area. Chermak stated they wanted to blend this house in with the older house to the north and the newer house to the south. As it relates to the structural coverage,the proposal is just slightly over the limit. Chermak stated in his calculation he might have accidentally included the 88 square feet for a front stoop and that there is no structure proposed for the front stoop. Chermak stated it is his belief that might not have needed to be counted in the structural coverage. Hardcover was kept at 25 percent and structural coverage is proposed at 17 percent. The Planning Commission had no questions for the applicant. Chair Thiesse opened the public hearing at 7:40 p.m. Greg Blasko,Applicant,commented the property and the water main has been a little bit of a challenge but in their view they have done a good job of working within the bounds and the project will improve the property. Chair Thiesse closed the public hearing at 7:41 p.m. Thiesse asked if the City will be requiring an easement over the water main. Barnhart stated Staff is recommending an easement over the water main and that in Staffs view the water main is justification for the variance. Thiesse asked if the existing house is already within the 0-75 foot setback. Barnhart indicated it is. Page 14 of 19 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse asked if the road is counted in the calculations. Barnhart stated Crystal Bay Road is within the property but is not within the hardcover calculations or the lot size. Whitney Windmiller, Applicant, stated if the road is taken out of the calculation,that gets them to 17 percent,but if the road is included,the structural coverage would be at 15 percent. Barnhart stated Staff generally in these situations imagines that the land or road is not there for purposes of calculations. Thiesse commented he finds it unfortunate there is a road there. Schoenzeit stated anytime there is a property where there is not an existing easement for the utilities, some leeway is in order since the City is an unlicensed user of the land. Schoenzeit stated any accommodations made for the pipe and grading are great and justifies the variance requests. Lemke noted neither of the adjacent properties meet the 75-foot setback and that it would be tough to enforce it on this property when it is not enforced on the other two properties. Thiesse commented the house fits the character of the neighborhood. Schoenzeit noted it is not a new encroachment. Thiesse pointed out the patio encroaches a little bit further than what currently exists. Lemke commented he hates to see the three large oak trees removed. Thiesse asked if they have any concerns with winter construction. Blasko stated they do not. Schwingler commented it is a definite improvement to the area. Lemke moved, Schoenzeit seconded,to recommend approval of Application No. 16-3875,Pillar Homes Partner,Inc.,on behalf of Whitney Windmiller and Greg Blasko,3295 Crystal Bay Road, granting of lot area,lake yard,rear yard,and structural coverage variances,subject to monitoring and verifying the condition of the gravel driveway and further subject to an easement being provided. VOTE: Ayes 5,Nays 0. 10. #16-3876 STONEWOOD,LLC,ON BEHALF OF LUKE BELTNICK, 1380 ORONO LANE,VARIANCES,7:46 P.M.—8:03 P.M. Sven Gustafson with Stonewood, LLC, and Luke Beltnick,Applicant,were present. Curtis stated the applicants are currently constructing a new home on the property and are preparing to rebuild an in-ground pool in the same location but would like to reorient the pool deck/patio area. The Page 15 of 19 MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. applicants wish to reconfigure the patio in order to reduce hardcover within the 0-75 foot area and to make it more functional. The changes result in a 299 square foot reduction in the hardcover within the 75-foot setback. Because the applicants are proposing to change the footprint,hardcover and setback variances are required. With the permit for the home,the applicants were proposing a driveway that met the 35-foot wetland setback,which is located at the rear of the property. After reviewing the functionality of the layout,the applicants are now requesting to enlarge the driveway to allow a 10' x 20' bump-out to encroach 10 feet into the wetland setback. The site is well below the 25 percent hardcover limitation but there is a setback requirement for hardcover from the wetland. The applicants are also proposing a small 76-square foot shed adjacent to the pool in order to store the pool essentials and equipment which is currently stored in a fenced in area,which will be removed. The shed would be within the 50-foot side street setback and 19 feet from the side street lot line. The existing white fence will be removed and replaced with vegetative screening. Staff provided an analysis of the practical difficulty criteria within Staff report. The Planning Commission may choose to discuss the criteria tonight or ask the applicant for further testimony. Staff finds that due to the limiting conditions on the property, it may be reasonable to permit the encroachment into the wetland setback for a portion of the driveway, allow for reorientation and reduction of the pool patio hardcover within the 75-foot setback; and permit the pool equipment shed to be constructed between the side street and the home. Comments were received from the neighbors and have been included in the packet. Staff recommends approval of the application conditioned upon requiring native vegetation in appropriate areas in order to mitigate the additional hardcover within the buffer and/or lake setbacks. Staff further recommends requiring vegetative screening of the shed if approved. The landscaping plan submitted by the applicant does incorporate screening along the roadway as well as behind the shed,which will help screen it from the road. The plan shows some arborvitae plantings in place of the white fence and some screening around the hot tub area and the shed. Schoenzeit asked if a residential landscaping plan is binding. Curtis stated the City can require it as part of mitigation efforts for a variance. Curtis stated the plan on the overhead is the plan that was provided with the building permit application for the home,which is one of the City's requirements. Curtis stated she does not know if the shed was depicted on the building permit plan but the trees along Orono Lane were shown. Luke Beltnick,Applicant, stated as it relates to the parking,there are some aerial pictures that depict the area. Beltnick stated they are proposing to relocate the parking area and make it slightly smaller. Sven Gustafson pointed out the location of the existing parking area and noted that it is quite a distance from the house. Gustafson stated the desire was to slide it closer to the house, which makes it more functional as someone is backing out of the garage. It also is pulled further away from the wetland. Beltnick stated all the pool equipment currently is stored in a 7' x 10' fenced in area by the road and that there is no other place to put the shed. Beltnick noted the road is the reason for the variance and that it Page 16 of 19 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. acts basically as the neighbor's driveway. Beltnick stated the road is narrow,with no cul-de-sac, and turns directly into the neighbor's property. Beltnick stated no traffic goes down there. Beltnick stated the neighbor is in support of the shed. Staff displayed an aerial picture of the property. Thiesse asked if any landscaping is anticipated across the road. Beltnick indicated they are. Thiesse asked if the culvert will remain. Gustafson indicated there will need to be some sort of culvert and that they would like to lower the elevation of the culvert. Gustafson stated currently it goes beneath the driveway,then goes above grade, and then back down below grade. Gustafson stated it needs some improvement over what currently exists. The Planning Commission had no questions for the applicant. Lemke asked if there is some formal landscaping being proposed for near the wetland. Curtis indicated the Watershed District would dictate what happens in that 25-foot buffer area and the City does not limit the type of soft scape that is put in. Curtis stated the City limits hardcover and structure in the 35-foot buffer but that certain types of plants would be allowed as long as the Watershed District approves them. Chair Thiesse opened the public hearing at 7:56 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:56 p.m. Leskinen asked whether the driveway apron currently encroaches into the wetland setback. Curtis stated the bump-out apron currently does,but with the proposed house it will be considered a pre-existing nonconformity and would require a variance. Schoenzeit stated the recommendation should include mitigation in kind for the encroachment into the wetland buffer. Thiesse asked if that is something the City has to require or whether it would be required by the Watershed District. Curtis stated the City would need to recommend mitigation in equal square footage to the encroachment. Thiesse asked if the applicant is okay with that. Page 17 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Gustafson requested clarification on how it would look. Curtis stated they are meeting the Watershed District's setback but that the Planning Commission is suggesting mitigation of similar square footage for the amount of hardcover that is encroaching. Curtis stated it would either need to be mitigated in the buffer or the ditch could be improved to a higher quality. Gustafson asked if it can be anywhere along the wetland on the property. Curtis stated she would suggest it be between the house and the wetland. Schoenzeit moved,Leskinen seconded,to recommend approval of Application No. 16-3876, Stonewood,LLC,on behalf of Luke Beltnick, 1380 Orono Lane,granting of a side street setback variance,a 0-75 foot setback variance,hardcover variances,and a wetland setback variance,with the recommendation that a 1:1 buffer mitigation be done. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 11. UPDATE ON CITY COUNCIL MEETINGS HELD ON SEPTEMBER 26,2016,AND OCTOBER 10,2016 Barnhart reported on the following City Council actions: • Approved the Peter Bluth application on Carman Street on Consent. • The Larson and Mabusch sketch plan was reviewed,with the Council not being in support of the proposed density. • Approved the variance for 1100 Old Crystal Bay Road. • The sketch plan for the marina property was tabled at the request of the applicant. Barnhart noted the Council will not see that until November. • The 500 Willow Drive South application was approved on Consent. • The text amendment regarding appeals was approved with some minor changes. • The Irwin Jacobs final plat application was approved on a 3-2 vote. 8. OTHER ISSUES FOR DISCUSSION None ADJOURNMENT Leskinen moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 8:06 p.m. VOTE: Ayes 5,Nays 0. ATTEST: John Thiesse,Chair Page 18 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Page 19 of 19 Item#2 Date Application Received: 10/7/16 West Date Application Considered as Complete: 10/7/16 60-Day Review Period Expires: 12/6/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator '�ESHO� From: Mike Gaffron, Senior Planner Date: November 15, 2016 Subject: #16-3877, George Stickney o/b/o Mooney Lake Preserve Lots 1-7, Block 1 -Average Setback Variances -Public Hearing Application Summary: The applicant on behalf of the owners of the seven lakeshore lots abutting Mooney Lake requests a variance to exempt the properties from the average lakeshore setback regulations. Staff Recommendation: Staff is recommending approval of the variances, subject to a number of specific conditions which will provide the necessary level of lake view protection while eliminating the issues caused by timing of construction on individual lots. Zoning District: RR-1B, One Family Rural Residential,2 acre/200' min. width Lot Area/Width: Varies; each lot meets the 2 acre/200' width standard List of Exhibits Exhibit A. Application& Submitted Sketches Exhibit B. Record Plat Drawing Exhibit C. Survey Depicting Building Sites Approved with Final Plat Exhibit D. Staff Sketches: Examples 1 thru 7 Depicting Average Setback Scenarios Exhibit E. Practical Difficulties Statement Exhibit F. Plat Map Exhibit G. Property Owners List Exhibit H. Photos Background During the original subdivision application review for Mooney Lake Preserve, possible house pads,and in some cases expected house locations,were depicted in order to show that each proposed lot had a suitable conforming building site. On some lots the depicted locations were the only feasible location for a home based on topography,tree preservation, wetlands, stormwater ponding, septic sites, driveway locations, or a combination of these site factors. The plat was approved without a reference to the potential impacts of the Average Lakeshore Setback ("ALS") ordinance, which is predicated on the relationships of home locations on the immediately adjacent lots. Orono does not process very many subdivisions of lakeshore property (only 4 or 5 in the past 15 years), and the issue of possible average lakeshore setback limitations did not surface during the Mooney Lake review. However, it was brought to our attention by a local builder looking at one of these lots that depending on which lot was built on first, the average setback rule could force a variance situation. FILE#16-3877 November 15,2016 Page 2 of 8 Staff agreed and after consulting with the City Attorney it was recommended that the developer apply for a `blanket' average lakeshore setback variance on behalf of the owners of the seven lakeshore lots. This same issue was discussed during the more recent final plat approval for Tanager Estates and those lots were exempted from the average setback rules subject to a number of conditions related to the preservation of lakeshore views, which is the basis for the average setback ordinance. Review of Potential Average Lakeshore Setback Impacts Please review the sketches (Exhibits D) depicting the house locations reviewed with the Mooney Lake plat. For a majority of the lots the likely house sites are relatively limited, but in some cases shifts of a few feet or many feet forward or back are possible and could impact the average setback line for adjacent future homes. Note that each new home must meet the minimum setbacks of 100' from Mooney Lake, 30' from side lot lines, and 50' from the street lot line. Example 1: Lot 1 —The proposed house location on Lot 1 is approximately 220 feet from Mooney Lake and sits 40 feet above the lake. Based on the location of the home to the immediate east in Plymouth, there is no encroachment or potential encroachment of the average setback,and this house location does not impact lake views enjoyed by neighboring lots. A lakeward shift of the house site on Lot 2 could slightly impact the views for Lot 1. A southward shift of the house site on Lot 1 could result in an average setback encroachment for Lot 2 Example 2: Lot 2—On Lot 2 the proposed house site is just below the top of a steep slope about 30 feet above the lake and 200 feet from the shoreline. Placing the house any further lakeward would start to encroach the average setback line and would require extensive grading or filling of the slope. Septic sites are also a limiting factor. It is not likely that this house would move nearer the lake, but if it did so there could be a slight impact on lake views enjoyed by Lot 1. Example 3: Lot 3—The proposed house location is about 150 feet from Mooney Lake and is quite restricted due to the wetland in the southwesterly half of the lot as well as by septic sites locations. As proposed,the house encroaches past the average setback line as defined by proposed house locations on Lots 2 and 4,but the encroachment will have no impact on lake views enjoyed by those two adjacent lots due to the curvature of the shoreline and differences in elevation. Even if the home on Lot 3 was pushed up against the 100-foot lakeshore setback line (which would be a significant encroachment of the average setback line)there would be no impact on the adjacent Lots' views of the lake Example 4: Lot 4 — The proposed house location on Lot 4 is very near the road, approximately 400 feet from Mooney Lake. A graded house pad is proposed. The plan for this site leaves a long expansive lakeshore yard between the house and the wetland abutting the lakeshore. As proposed, the house site on Lot 4 somewhat impacts the average setback line for Lots 3 and 5. The relative distance between homes and the shape of the lakeshore here means that no lake views enjoyed by Lots 3-4-5 will be affected by other homes. If a purchaser of Lot 4 was to opt to build further east on the site,ignoring the proposed building FILE#16-3877 November 15,2016 Page 3 of 8 pad, other building issues would likely arise such as low topography of the site and high water table,but again the lake views of this and neighboring lots would not be affected. Example 5: Lot 5—On Lot 5 the possible house locations are very restricted by a wetland, a stormwater pond,topography,septic sites and tree preservation areas.The proposed house site is centrally located in the north half of the lot,about 200 feet from the shore and 40 feet from the wetland pond. Approved grading plans indicate a house pad to be graded at that location. As depicted, the house location on Lot 5 does not encroach the average setback line as defined by proposed homes on Lots 4 and 6. Moving the house eastward would require a different grading plan and potentially impact the wetland pond. The house could not move substantially westward, but angling it differently could negatively impact the average setback line for Lot 6. Example 6: Lot 6—The proposed house location is approximately 130 feet from Mooney Lake and lies westerly of the previously existing home on this site. As proposed,there is a slight encroachment of the average setback line as defined by the proposed home locations on Lots 5 and 7. While the house on Lot 6 could move lakeward, as depicted it will have a substantial relatively flat lake yard, and a lakeward movement would increase the average setback encroachment. This house could likely not move westward however, due to the steep slopes just west of the proposed house location. Moving this house eastward toward the lake would likely not have an impact on views enjoyed by Lots 5 or 7 due to the differences in elevation of the adjacent homes and the distance between homes. Example 7: Lot 7—The proposed house location is about 150 feet from Mooney Lake and sits on a terrace just above a 15-20% steep slope. The house location is lakeward of the average setback line defined by the existing home to the north in Medina and the proposed house location on Lot 6. If the house on Lot 6 is built first and is moved further west than depicted (which is possible) the house on Lot 7 would encroach the average setback even further. However, lake views enjoyed by the home in Medina and the proposed home on Lot 6 will not be impacted by this encroachment. AVERAGE SETBACK ANALYSIS WORKSHEET Lot Proposed Average Potential Impacts to this Potential Impacts on Number House Setback Setback Lot from Relocation of Adjacent Lots of from OHWL Encroachment Adjacent Homes Relocating this Home as Proposed Lot 1 220' None None likely Could result in ALS encroachment for Lot 2 but would not impact neighbor's lake views Lot 2 200' None House on Lot 3 moving west Shifting house slightly south or house on Lot 1 moving increases ALS encroachment south could result in ALS on Lot 3 encroachment Lot 3 150' 15-20' House on Lot 2 moving Minimal if any impacts on south increases ALS ALS or neighbor's lake encroachment;House on Lot views regardless of 4 moving lakeward relocation decreases ALS encroachment • FILE#16-3877 November 15,2016 Page 4 of 8 Lot 4 400' None None likely Although not likely,moving house as far forward as possible toward lake would not impact neighbor's views unless house on Lot 3 is moved far westward Lot 5 200' None None likely Minimal if any impact on adjacent homes' lake views Lot 6 130' 15-20' If home on Lot 7 moves No impact on neighbor's west,ALS encroachment lake views even if home will increase moves forward Lot 7 150' 45-50' If home on Lot 6 moves Moving this house westward lakeward,that reduces the increases the ALS ALS encroachment for Lot 7 encroachment for Lot 6,but no view impacts APPLICABLE REGULATIONS 78-1279(6):Average Lakeshore Setback Regulations (6) Average lakeshore setback.No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways,lifts,landings,lockboxes,flagpoles and pump houses. Further,the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right- of-way,the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Governing Regulations:Variance(Sec. 78-123). In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration,and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. FILE#16-3877 November 15,2016 Page 5 of 8 According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type—applicable to all 7 lots): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family homes and the associated amenities are permitted uses in the RR-1B district. The average lakeshore setback ordinance is intended to protect neighboring properties' views of the lake. Granting of the variances with conditions will maintain those views. 2. The variance is consistent with the comprehensive plan. Granting of the variance with conditions will be consistent with the intent of the comprehensive plan to protect lake views. 3. The applicant establishes that there are practical difficulties a. The property owners propose to use the property in a reasonable manner not permitted by the official controls. The property owners are proposing to use their properties in a reasonable manner by constructing new homes in a configuration which while not strictly meeting the provisions of the ordinance will effectively meet the intent of the ordinance. b. There are circumstances unique to the properties not created by the landowners. The varied topography, requirements for tree preservation, and the location of wetlands,stormwater ponds,septic sites,and driveways are unique factors to this subdivision which result in the limited possibilities for placement of homes within each lot. None of these factors were created by the property owners. c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered by the granting of the average setback variances. The large lot sizes, established setbacks between homes, and anticipated house locations based on individual site factors will tend to create the desired neighborhood character rather than alter it. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Economic considerations have not been a factor in the variance approval determination.The proposed home locations are related to individual site factors and not to economic factors. 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 single family homes is an allowed use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. FILE#16-3877 November 15,2016 Page 6 of 8 City Code 78-123 provides additional parameters within which a variance may be granted as follows: 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The average lakeshore setback ordinance is applicable for all existing lakeshore lots in Orono. However, new lakeshore subdivisions that create multiple single family lots are not common in Orono, as a majority of the City's lakeshore has long been developed. Strict application of the ordinance, which relies on the locations of existing homes in relation to new proposed homes, has the potential to be inconsistent and result in unintended outcomes due to the timing of construction on adjacent lots. 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 lakeshore property in the RR-1B District. However, when strictly applied to new lakeshore subdivisions,the ordinance can result in inappropriate home locations which can be avoided by the granting of variances when specific conditions are included. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting of the average lakeshore setback variances with conditions will result in appropriately located homes so that the intent of the ordinance, preservation of lake views enjoyed by adjacent lots, is preserved. 11. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. In the opinion of staff, granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff,granting of the average lakeshore setback variances is necessary to solve an obvious practical difficulty created by strict application of the ordinance to a new lakeshore subdivision where the placement of a home and timing of construction on any given lot affects the potential allowable locations for homes on adjacent lots. In a situation where the location of the first home to be constructed can negatively affect the possible conforming locations for adjacent homes constructed later,granting of variances to the ordinance is an appropriate remedy to alleviate the practical difficulty. The Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Analysis—`Blanket' Average Lakeshore Setback Variance Under the ordinance as currently written,administration of the average lakeshore setback is completely reliant on the location of the existing homes on the two adjacent lakeshore lots. FILE#16-3877 November 15,2016 Page 7 of 8 When there is no home on one of the adjacent lakeshore lots, the required average setback is defined as the setback from the lake of the home on the opposite adjacent lot. When neither adjacent lot contains a home, the average setback is undefined, and the applicant's home may be placed at the required lake setback for that zone. The following unacceptable scenarios could result from strict enforcement of the ordinance: - If the first home to be built in the subdivision is on Lot 4, then if Lots 2 or 6 are vacant at the time someone wants to build on Lots 3 or 5, the average setback for Lots 3 or 5 would be established at the 400-foot setback of Lot 4,making Lots 3 and 5 unbuildable. - If a home is built on Lot 7 further west than depicted, which would still be conforming, that would potentially make Lot 6 unbuildable because the house on Lot 6 could not be moved further west due to topography and septic constraints. Similarly, because the homesite on Lot 5 is relatively inflexible, if the first house goes in on Lot 5 as proposed with no house on Lot 7 when Lot 6 is ready to build, Lot 6 cannot meet the required 200' setback established by the house location on Lot 5. The solution to avoid the need for individual variances resulting from the timing and location of each successive house construction is to grant a blanket variance, establishing conditions of approval that will ensure an appropriate review process in the event of a potential view encroachment. Staff would offer the following variance language and conditions: "The proposed house or possible house site location depictions for Lots 1 through 7, Block 1 as shown on the attached drawings which were established during final plat approval are approved for house construction in the locations depicted. Any substantial relocation of homes lakeward of said depictions which in the opinion of the Orono Community Development Director might impair lake views of one or more adjacent lakeshore lots may require an average lakeshore setback review by the Planning Commission and City Council." Practical Difficulties Statement Applicant on behalf of the owners of Lots 1 thru 7 has submitted a Practical Difficulties Statement attached as Exhibit E, and should be asked for additional testimony regarding the application. Neighbor Comments Staff has not received any comments from the neighbors as of this writing. Issues for Consideration 1. Does the Planning Commission find that that the property owners propose to use the properties in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the blanket average lakeshore setback variances if granted will not alter the essential character of the neighborhood? FILE#16-3877 November 15,2016 Page 8 of 8 3. If the Planning Commission concludes that the variances as requested or in some other manner or configuration are justified, does the Commission find it necessary to impose additional conditions other than those proposed in order to mitigate the impacts if any created by the granting of the variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the blanket average setback variance for each of Lots 1 through 7 as proposed, subject to the review conditions noted above. If Planning Commission determines that the practical difficulties test is met and the variances are justified,then a recommendation for approval would be in order. It may be appropriate to consider a future amendment to the average setback ordinance that would exempt new lakeshore subdivisions from the average setback requirements under circumstances similar to those encountered with Mooney Lake Preserve. RECEIVED City of Orono OCT 0 7 2016 Variance Application CmrOFORONO PC Exhibit A Street Address; Application 0 /(o — g 7 7 1/40:42750 Kalley PartwayO Orono,MN 55355 Date Received: /a- 7--/ 4. Mein: 952-249.4500 staff fax 952.249.4818 Fee: �pfl P.o.sox sosly Esq►#a s `76) �'I �;' j Crystal Bay,MNt 553230008P Fee Notes Please complete. Applicant will be notified within 15 days as to the status of the application. incomplete applications will ad be placed on Planning Co miss1gr Aga a. SITE LOCATION: 3 ao Co. of- ph,,..o fly.� 30 Payne viewc !024 (7'v y io— 1 /f ov t?aor►, tit. 2.97e)Prairie to west I a hee.vpt.ti.ll"'. 4:lieett..11,4 A. DESORPTION OF REQUEST: 4ar#QT (/fin r r a ti ee i ter•i•.'T+r1-�7 tti,a etav/o 10 ee/pI (attached additional sheets as necessary) c StLt et r A re. (,,Omer, 4R 1' 1 APPLICANT I AG INFON: use 9 Q c 4 &IA:: 2 4$3, JSP bre cc Appflcent Name: �-P.s'frry�2 o s( L. C. ori tianic@. Phone(Primary): Applicant Email: Address: City: ZIP: Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION,,,10 eek here If property owner Is same as applicant Name: f,Eb Li). 1T,c Phone(Primary): 'Z 47 3 d 9 U -2 .s?-19 7'7 Mailing Address: 4`LS A /I1 t. 20!t.to6..St City.Gc ton_a't•t ZIP: SS3`i / Ems: y �c ie `.), c It hi,'ra . c a� r J APPLICANT/AGENTAND/OR OWNER: • Agree to provide al information required or requested by the Planning Department. • Agree to pay additional teeses(staff lime not covered in the orghfl fee payment)and/or consultant expanses incurred in revi• Certify that the Information suppled Is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to eyed It until It Is complete or to recommend the request for denial of the request regardlsas of its potential merit • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff.consultants.agents.Commission end Council Members for purposes of investigation and verification of this request • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner Is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. 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N.--.....„, 1 f1 irk' J u I I ' WETLAND\\\I, i. /i„.. ro--20gair i1j k` M L 1\\ / � ' � 3.50+-ACRES TOTAL ' ,,,� `n�_,. ti„,..,..,.. ir. % \., 90+-AGBi�'if OCaNTIQ• 4 I . If/ 14 081 3- ) iki,1 /!1I l�, IV/ p wr^2. `\� \\�/ r tip' Elhandlne on 4444 . \'--- 4."1\ .2ei, Airy --z-1 .;:-j.f.--.ir / --' .„/•, ,, ! ..,...) 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'1 ir.,,a .” � ., 0 _ ,, III IQ if.. lac .." ...ir541A.nr .'" •, %_ 24111:41=,"4.1r.,7-,e,E-7._.L.-.rut. - VA" ,e, til:;'.1117q..4 IraZ.1 , de a lift;I A,•-•1;".7 .- /77"/VI A, ,0 1 04'r*0''7 .'i 1 .: if 11/7 1Example 4 — Lot 4 Impacts a,'*':• r/moi l v" r"" N ,I �� /! or03* ,r ,r .0411jair , ,, 4...71,,, ...,.. -.. -.....„,-,, ' _...;;;;..tao, ,..,..., j ,r/ , ., %.,„ 4: •ve.41P'7‘' - A''' ..422,—`-'.11.1, - / MOONE %; ,,*� 'ice_ r-:;":3;: =: � / ' . r.-►,;4404111. ..,14.... �* *7It��E�.T Y1 -'aF "ESTOTAL, . API `� iif;' ION ill ACRES DRY •, L "trr.:::. ,,.'-/._446:1,4t '` P`POND D 1 _____,-_--:::71 J':� O / � _ / 1• �_ s� / . 14'-0. �,�•- �_I �--. 1I` WETLAND'\\ I �� j l\ M L ��\ 1 3.50+-ACRES TOTAL \ ......-t x._____ItNookiiti,.:. v vAI' • \CZ90+-A T '`, \\ ,• = e ate \ \ ��\ �, • = _ ���' ..-..:,,\ i •,Via, • \ \ \` �, .N--.„-o- 1 4(0,81, , kifli ii ,);.,---; v;_-::::::_i . „Jo- ‘, \.._,/ -., _,. p "- 1 :1110 r� /0 .--- '�\\ moo,,-8.,4 /// � F--nnCo.mf.m� I ~ \\� i : . /y \ \ \`�-j \ jt • y1. • -.____-__,.,,., 4 ,/ . t • - ,, --- _,_...... ,- ..,, -----,.„ , „.,-,:, • . .,,,,. .... _- ___ . .=___,.,.7--------,r i / „., ,/,/, t.j,,_ A „.....- // ,...„..,,,,,,,_______,, N...:.... _ _..e.„, .„,,,,„,,, ,,_, _ ____ ......... ,..___,,,,._,.„ =,_,__, ,„ 4/ ir 1 ,/---"\ kc- 7/.." 4.24`."---0"-- (-------(4 -:;01!;,,; ',... ' .._-_,------_—_------ - "J/ /it., /4--,r---\--.,>\f,57_,/,/ .„....")/;(;-----'-------2--k-',--* ›----;-,- ---„."-_,.t.: ;-----=,_- ---...,..., , ,,,,,,,,,,. .it q .....-- . _. r,,_—________O--:—.—, . / )7/7/7 /(/(/4-----7-i'Z.:•-.., .._.':" ,r;--, -20.1.----_,,--= c_ ,, , , ,„mi -/ ‘• . , 1� I 1B L 0" I < ./ Iplt � �% / �' 3.50+ ` .•, �� 7'/I ')-----e :0 -- -311----... 1 ' ti, 1-- / / / /4////i( na / ..._...1/ I 1 I I .*:\A ri ---------..._\ ,, r ___ . , , ,/ ,//,/,,f, , ,, ........ , r (, , , „ , ,. / , „,...„-- . -L•k . iik. lip /1/1. i. ,L.- , ',P-- .`,, i I 11 -------' / ( § 41./A \)\\I \ ' I I I 1 \ �'� / '1 ' 1,i ' l i ( /,'ice '` A I -� \`-- 1 ,i i/ ///!/ // .--_,./7:2.75:z7//‘,---", / //�/ .v:-r _r: '1 i 1 1 i I//I /i/ -- -0 UK"- / „..----- - , jj' 0 H / 4-___,_ _ ' •'/' -1.----.--.":,---24r.?.14 — .--, .."--Y-- / ' .:':.:- '''-'4 '.1.' 1.ti -..k.it61H-'2"..--A"I' -'----- / // •''f ' / / )f) ( / ..*-\ i ----\ i I n o- ,._-, Jri,/,/,/, ///p,)1) ii 1 ., ,, :_: iirop,i -_,--,_ ________/,•;,/,/, . „- , , // , , /0 „ / , i \L 1 ,Iiii:. •)<?-.<.::. - lok , cr.c---i,, / / / 1 \I ( id fv_i ii ) / --- 1 t 1 l' ) ' AiN6 \) \ r ../ fj \ \ \ .1..//pc '/ i / / \\\ \ 1 1 --/ --- r�_�r1,/ ., * I 1 ! J / � \1 y %//Ili ///// 1 / fir `� \ I�, kwe \\L, ,�'� nL' —� C1 o� � ' 111411E +� ,,' ' 1 j lit is--_- ____ICL). ___,J,,,//z/i// /v/// /7� ,/ I' -101 ,'•y �'i. . , 7.- , .../ / iii I ' 1-41-in a �/ G.�sr / 066/dFi ,// // / / ,— '►mss �, I I I f m i y ,/ -*-1--1161-- ��'" �1 - ' / // / '/ / l I °� 1111 4. 011140S0-- 2._ / 7// '' 4/7 / I i tiii/ I ---,..„:4 , __,....„.„- k i ...,-../ X,' / •/ c./< /t/ „,e,;::::,, ....., ,A ........ .t......„..„._ ...1,•:. :L3 3 , • •._,„6., ___pi _ - 441-9t,'''\--z--, 51....._----' //11--?<\ j." / 7,,,,, .---- — 0_,_ AiliEW' 1.-- -4.'/ „‘4411114, oi . .-/:../ / f/1///\› -C....;///i/ g////(;/7/ /7 i -*---*'...:.-7‘-- Ye' -\/1 "I 14191* k „ \ ",-;_ , Vair,',4 ;,, .,:..._.1V -4- o0e. .... ----zo/... / j .- -�'''„.-- io, ',/,_-__-----t-T°4=- ,,,'4`-- t-i, ' 7.71,-4f,;-7.",. ,;,*=( 0, / / / ,r) i`� 4 .� - ---\\,, •- .._ �/ \ - ,�.`� .,/.'..ice iAv,� � `\ \. w / �� \ d /� J / .1'.' / 1 /I ri __-. ...,.. , . 'NI\ I\•k% 1 Vs ...1_,...--)cr.."""..... /,/,. .7 -illt ii*11,-477.. Ale I 1 )0 \......---\\‘. 0* '"-1/:-.- A' \\I.' Pa'''''..'...5'' Val. iii I/ iiiipt ef i / ,..):riyi ----\ i /---..\.'.\\ \ ‘ : ,..1"-7' ..11/7\ -. '..-ig.lilt4,L. 4. 1 :1C4 ; II, - d-+06 \ %Si/ //j ii 1 Cr''i. I�i+1iiii,jtv9i3J1�i6� • ''! ,1 1 \\)) I�-pll� A-� � �ok k / h f/ i\I . ei L t GNOd d , L.„,, l ` , 1.oh 11 • 1 i 00 A S3HOV 0 •.l, �b, ,A L1 �Ili 1 . itkup,; ........ , _.. \\ orji,• j.'ifL771,.. Orf.. ' 7 * . 1104- ,- , , , _ ___,.-- ...,-, . ,"):‘,._ • , _ ..0,:,,h,A,;„:. ...:..., 3NOOIN - °:7"--.-'1V-r':-f'*'-'' . , 0 fi/ 11 ..:arl',L iiii...---- .1;' ' .. .- VIVAriAlLg , - `.•/j$ __, .;� ' '.i ,‘ '' ••'„,, _ A...,_,....._...,. r.,.• 'i= 4 ...,,,__,,,_, ,: ,,,,.. A,..,..„ _...„..,,,,s, ,,,,,,.i . se , saaedwi s loi — s aidwex3 ,:ii%� ►/.rA; i - `` ,��:/ z ' / :/,.a. ;/4f .,r/ - N; 1, . .; "1 4\ E . � r �,. ”.-4114111/Mpiar.g.".as!..,, , ,...- .- 4:sip!, - c' • 2 ....___. . j ,i., Nf,/ 1 '' ' .4 i.io:.1 *„„!4.. 5A A.,---.- 1 ,i,I.tfir. . .„ii ..-,---„7 4,0. .- , ., . )\ / i• ii9- --- ,,,,,,,,e,i7 ;:i.41 ,-....L. , . Abb. 1 if 411.1'44 . {-1..- !! I 1 £1 . “ .it i ' I i r rr -- I t :: eXAvAe 5A (eN4A-02.&et.) BUILDING PAD AND TOPOGRAPHIC DETAIL FOR GEORGE STICKNEY IN LOTS 5 AND 6, BLOCK 1, MOONEY LAKE PRESERVE HENNEPIN COUNTY, MINNESOTA ���\ .�� .s. __A �+ » 11n :<f0;/ / / wad /',"/ ' , , lir. ', \\ A P.m no I r L •z" I/ j C I f / / / / / / /_., Iil;'+'•80 e.4. �IJi , i. 6-�i�A ,�_----- - f / .- / , •» % 10 J1//liii. /r • TI / .s f ,. / • w // 1._..........z.--\-- , / / , / III 7 "/ i Lai,i, ,,,,tylirj_zpita, / Q/ t/ 117/l 7,,. . 7., ..Ateir..t5,7,__LRI__;„„„ w —T Iri. �/I / 7 /•TP / " / .,. / /k/ /4/ S! r 4k" 1 /6 / / e4.1k /-\ "' / ■ 7�• / / ... B j 8,, � 1/ / / // / / par \\\` --/ iiiC�r, �/ •�� fdie ,..// /i // . / //' � 0 / .,5 / i t II////.(/"/t/ , \ . ,A,.,„ ;4_442/ . ( //," L,:„, f;'/261gC r /fes -.._ \ ■�Se —��.0�� 1/ / ',s• .,/1#4F- ,„ /I I �] //////////I� /;—______:_. , ill...:[ ., , ir...... "... .LL.----- „."" ,,, ii.'', .1mih'e till • // i / ///4////ii/ ,FV//// / ,, Lu -----11441.:"---_...iik-- %.?, 0 if i.: / ////////j//////4/ / 5w X40— .''4..____.'.-: m . de alC :;. _ �ir>� o/ /I if////// ///// I O `� "0/410*w ,r2 --..-ter s s � �/� // //file I'/I I apc t ..,_ g ni_ w ,ri .�' _ / / / ae ab.k.:*....,... -ustLisS1-:,_VI, __.....--.'"'"tA6,, 4,r .„k,,,,,,,,- - -_-_-_-__ / / v*.....----z-z.....-----,--4-:...-,-.. . .fir 4.01 , / ./..- 1r=_- / ii- , ''' / , CRESTOTAL , '• i w.• 1 `�`S�.-��� ff _J // -ACRES DRY CONTIG_ -;� �,�1- - Sy,�' _ WETLAND c'' i \ It7 \44Po>.:N............__ \ ''' C*.;%i‘ Mil I .4,00.4a-r1-70 , ) A —\—/K/P__‘ .. ;\14„ \ pirmovi.000 ....... --,4912........---•" 1" ..> .\ _V `--� ! f_---�1:,f— ; r 4 WETLAND _--- -- . A\ \ \I. �-- -- __ 11 c J l M L 0 50 100 200 f SCALE IN FEET / SCALE o REVISION DATE DESCRIPTION GROMBERG&ASSOCIATES,INC. hereby O° , d'p° °A'Or Wort 1 and thee am 1 duty Mewed Land SIJI under DRAWN CONSULTING ENGINEERS,LAND SURVEYORS the laws of ale Stets of ftnn000to. I SITE PLANNERS DATE CHECKED 446 N.WILLOW DR. LONG LAKE,MN.65366 /, _ Jae N0. 952-479.4141 DATE 1.-/'/( MNLJCt 5ENDMBEf /275'S 15452 15062 V I J ia r • -- , ,-,-,_____, --__--__i_;7z9//7-14:,-,----7 ,, / ,, I, i/ r --------___\,,,, - -_ • r/ ---------_______,-/ , iiuH--„,---., r_.-/,/, / , if . . 1 / / ....,--,.. ..:-.-........,..... ...„11 " ,, ,\ (, 1 /iv il , 1 t\----%7/,'/,/p, , , , / 1 / , , ./ ‘ riiwr- _,....:,..< 1. t / .E: . \C� " r...,./ '-‘---1,1 \ , ,,,, � 4 � r - ,� --- 0k .�'r'� ,I / ,. o 1 1 4 I 1 ) * 1' '//// // \\- �% I I ! 1 // J//4 // / / / \ \ _ It ,./\14 \,, Air " -----1 s-, f ' t let-- ----./ Z "d4 TA 1 ' èLTI ®t „OA! ;I v IJ. / ��/ /' -roc / j / /zit( / / , / r� / m 41. 11i \1&41 .- If l kie.--// 1' / �O 1 8 / \\�-i 7 ""---A, / -, .,• 7,. ,--i-.6.---,-.J-t- ,,ww•--.r.-aig.,,, - Pi . / '' 44/7 I / /k,)I I ilv, II, isN--...--: r, :-:,7=0-.40710,;..t7. /4,,//fibo (t, /)7 )) i 11 .r - . a� ii/ .- 7 ....� ' � ✓/ j///er<> \- -7.-///// _,... 7 ////0/% o. r --- ,c....--.7-_-- ----.=-_.- ----Ar --/- I. . - _.„.- --N ---,-........_0,..,---, / 4 \ ' ' q li // i ,V -L.'" •">r•r...... '';,:r„----' ."=-....- / iii. '/// r' 'lib 1r // y ..,-,..:_...:::::...."_ ' 0.2....'---..**2. •,, ( V ' Illik„-'I 41Z.-.•-•gkt.. :4. g.°11":-..'.."-.- - --'''' -i.;if; />/ I I 44r .5, W Jel'03USI/ 0 ��� '• \� C d�\17r.'_Yr/f +� /f 6•'—fir ` • \\ ...- --..... .... v.. . /.• A.,_I i;i!wrrig / -n . s-'-- -'.41.1' "" --- t —s �, ' Zd1 (II x,11 \ ter• / \ 1r • .�1tv 4, 41;1 j \\ .:k\ N` V' ir; , Nii ii! A\* , _ \\, 14101 S' 10d-+09£ , ` :j/ N . ONV 1 13M 1 i I .— 17.....---;-...-.7; .. Iii -�''� '', r. o�' _ 1 r=te �" � ' -- ►i ONY113M ♦ , , 1/= .03�s3a3e- ..Z X40, --_-_---,. .".14//k. :7� c"� ' `1v101 Sia ;�a�,`17;i: "��r�,_ t ;r \ N.-- f, -,_.-...----2:z:•::: -,e'` .t.:- .. -4' 6;41, ------ / ' " ll 's"`� vAilwt T sir .31NO0w /;--.)00 --_,..r — 41,..;t4:Aal .,. ''' if .7/1WW,A.,..isw-y---.111-mozst„._t....4. , , ii_e_04__. :''f.*4`.;/fr7"-t: -1,ttet1::. _---- •, 0. ,, lar.i. t/ / A..:‘,....;40•,--4.- ma ;� . Cf/. �r.lk,:-., --, 4. le . i , .171.6..3 . '''--,--—it..i at . e . 4,4 . ..,,. r_.,., ... , . , 0, / , mode s / it• ,��• fe . -...it: I, i,_,:-A:t , )70;4_,i..;.mitvizinitioi: Ng i:ditA -I.-Amor;ri.fic, ..tritAt s edwi9loi - 9aiduuex3 .'"''' -173 ti" l'- 1 '� w Jit'i: - ff r r �: _ 9 ' /� K .,, i cif_. . N i ,,i , ti /�>4 �1"1" V 'ice 4,,,,�' ice,.. r E ^� \°�` , 41, ,I l a �+ 1 „ Mlik,., 1., ,,,4,...,„,,_. ......,....,, .„.,,,,,,,... . „„„....... _,,,,- .00;: r � .ydrurpw7PNdrM' lll�/�"�� ,.�X'1Z \ —i 4... , . _s,-;;;/,"/. ..,•• ,:-______...----'--0 ' : ji/ 'hi )1.414f I r - �� 92; 4L 3.90.1MRH I1 it/rr/I rrr if -r I I .,. .~ ._.. itis.W.exw64ON t,u wtEtANA���► .7,a I N 88'37'05'E 143'1.73 \ } an / , r�- \------------i--) ` I 169.00 I /I-r•... .. I�. /�- / f�//n u�+ Nadi lnaniR+eu 80.20 / - �� ti:7 —.!r � r_ ysE germ Tomo u • irarpo,04.:L4:;14-,?;c .1!)01- \ Illir:7:21/ . • li ,,e.- ' Yr- It 47 Ck I) �,+ } /% 37 .. . 't ' ,aIC , - '-',4111' � •-+1eyaf r +�-• '.tel / 1 'fir," � � - ' ? '�� i'' r � / l I f\i •or ohigli ,-mit'e* t .,ii-',—'t, ' 4id -7: i� I �� '' / Example 7 — Lot 7 Impacts �L�ar1 A4.40,;., �m11� . N/If/l ,44 V' ect`o• Amor , _if *41 4 .:-.- - ... , 4.; ..._ c 4 //i> /7 . l'A - 'FR- 1 7 10 10 0604 - ) .1 "1" • rtie, 4'4 .! ,:7, Ay wake : „If/ z, . 4 '''' rs- - .,. i. , ,,_ trf :L'4,• . 1' P 4 1/r /fi -�--r ` 1 / ..:4;3411 .._r�:`; -�_ - MOONEf:t. ...r,Z,:4.; 411 ,, ���" — ' i / =Ail' 1 ''l,F~~ �-1 +'��= -79--rY TOTAL\ s-,71-% ,q j.i:f " , ACRES DRY •, c ��� `%`I eM WETLAND t ''1 :,moi . \P POND • , 2,-,---•-"----__..- -1-00---------5-21) �_ '"" l frir e • - .;:a„...... 44laik _ : 1 -- � �` 11_ ._ - CES --.E \ WETND 11 -,C4)11Y-040cRe\P ),, �/- , 3.SQ+-ARTOTAL T y • I` 111111,11 . '/ \-... <1:-..-'.,1 - \,,z ....--- ....N7:01.--0,14 eigs) .1. iii) tr:i .irRa7), v;-.....--:_li ....„,,;,,,, ‘7,---- / L-- 3" * Pill"' ' A i 7 .„...._„, . iii_ II „ , „ ,, _ ,,•,„, ....„......-„ .-1,;\ ....--/ atoning on 44-14 r ' 1,:::- le°r. \\\ / "it�� �.:_ „ �/ _�_1���/ice/" \)�\ \� /I� n.Co.oe(.m \ ) /AV ;yr -,„,,,,400°:) ,..001, -,11-tr'• \ iilit_ 4\ . -* ".v4/ N.-NN ., .)r- ----- /' ) // id":;/- ..--• „--• ,' /.!... .SI fill:1 LO/4 Zn..,.......___,, ,..,,,G N g&b,W N,k11 1 o i - A ej 1 1,A. ' - / fi ////1 ,!** P ,./2N, ,:e' z'/;,,I'.>„0-!-- --- .."- %, '',.-,-4."' --/ ,74tor, ,_Ar -_-_-_-. , i••-r---_-:-___-1, --' ii___) //...//g / 4,0,-.•,..„mix_r,. .,c.,...--, /-,--:-_-::- ,i, / 1,./Z 1\...,kc\/,'" ,,-.-74..N.... 44,x,,,,'"-- -7174 e- -.v. ,,. - . wii.t......'. -- P--_-_--------9„...<7.7'...: - 1 ';',."5/1 ili / / .fir. y ��—� lipt , , ›.--> // lit, t tiz �1 / // ' �� / // / / i• "fir • AteIII / �- _ R \‘‘ / ,t B L 0,01y/ ' /27/7// 4/2 ` , -,:zi,„.... \ 17.,. k, —u, / I J as.. — / •-• l r go/r/ f / �i •.0 �`� 4. TOT i ..0-- /� 1� Cr��. 3. 1 .' . • C a / �%/te- �° � ,� \ 11\ "" _ , ( / / Z ////4,/,( ( CO, ./". ',,._j j / ) I 1 I 1 \‘'1%\ ? ------- disj.---:\fk: j . T../ .% i /1/ i ii 11 1 \\ I' \ r,..._1 , i ,y Vt.Iv /4 s IA . 1......, 0 i ) I \t k , ii /1/41//p\ \\ \ ci / --;._ \ \,) '11V? ' -...s. / %or I ., A 1 , 1 1 1 i\\-- / ( // 4/, fi) ) I ( / //,/, ' ........ 141FPA ••! -r./ h % 10\. 1 • / 1 I I, \ 11- , i / / I/ / i ) II ____ _,.,,,e'i .. - ' i 11, 1 I 1 N / di/5 / / / I / / / /..----. 1 ?), ` ,....., // / // L....xi , / //;--,_--_-- I _Y ,.. ii 1 I V//////c L° l iii / ` I r� • 0 j "iirJcO1 ±- r • PC Exhibit E 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 462.367, Subdivision 6(2)requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order- for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties,address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. if you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. 'The property owrtee,r proes to use the propey in a reesopable mariner n pe itted by t nin Chapterr. r+/' ,,J I-%:a i.e. l t. 4(--ie.r .x.^�.N4:. :14-e ; .,f! )u,�c,-f1. le-n-e- otti't , . ' :1 •.w' "k r%''f>- ,•;a-,___r•. .i• '� Ut/`P a N l�/�•K/t to.ur ♦ -7,.,, i'-! : :r!(. . t •it , ,? '147g .9r ,4tifr'd-• A0.0 -1, > C if r (. 1- f r 0.Ld orvi il.'Q,4n4 2. 'The plight of t ie Landowner is d t6 ci Stang. unique to hip.property not eated by the landowner." ..- i-yap. t�t I/. :.- ., i re7q .at-eff , C.S' �x ' ► 0 ' f r, - 41....Afe rs o S 1 j fti3' a; 4. tUi,r; P t he A/V"..' rte," "0{ !"4/-1 et' 7rict-TG ' 3. "The varia e, if granted,will not after tt a senVal ch racier the locality.' A.ds c v�: �°�'''a 1 e.a{ ?' j IT -f fige . t;i i, • I. .v 1 L/ 4w+i'... T.X(T� 4', .21,4.,,"' 8fi e e,41,(.1" 14„lit, ( .,7 7���fffG1 f-.D:1` f �1g/L _r ✓ 4. 'Economic considerations alone do not constitute practical difficulties if reasonable use for the prop rty sts under the terms of the Ze ino Cha}ptter.' C, y AIR rqA f7£t uuu . `ysSr. C rt: @.'�fi�aa�b� 4��y� t S o .14,1 i c :S j �. �y fs terf(a,..a30f, 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 11; .06,Subd.2, en in harmgny with-this C .,pter.' 4 X:.v t2 cu tit v N. •-e A1- — l.s..e?-. _ ter: a e r:.e n . c 0/6lGe- 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 groperty in the zone where the affected person's land is located? -1-1.t . .ze 11'tiny RECEIVED Variance Application—May 2016 OCT 0 7 2016 -' Page 4 • ' ' # 3877 CITY O>=ORONO 7. The Board or Council may permit as a variance the temporary use of a one family dwelling as a two-family Ai dwelling' L 8. "The special conditions applying to the structure or land in question are peculiar to such property or Immediately adjoining property` t t L r!%vek: �y ' ["it!•t 4 nr'•?bids v_ eA.4 041e-01 £P.P ile 9. 'The condi'ons don apply generally t other land r res in tile district in which ' id land is lam.' C 4.J t)#``• viz? 1. I'M ' ., Anti 3' ,'t 1 kQ Vf G/�./ f*ir i.et ice ¢ S I o fiat,- ( of € i ay !t•, 10. 'The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the ap'!leant.' 11 4^f r wit m t w (1 /� ciow A..cr.. • Q - . ti (0, 11. 'The granting of the proposed variance will not In any way impair health,safety,comfort,morals,or In any other respect be cot to the into If the Zoning Code.' 'f- Pa 12. 'The granting of such variance will not merely serve as a convenience to the applicant, b is necessary to alleviate derrtonstrable difficulty' t �� ! t? / II 4-, k w`=r.r. r�.41 � f./• . -c . i j. .. c.rr t ?; e f P�-cf.; #.. .r • t �..•,t O t. _ .ti! e .r+ti.^' 1 ♦ _ a! J ' �` � 0 • ' '�1l�• j V Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with.Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): RECEIVED Variance App6cafion—May 2016 Page 6 � � OCT 072016 # 3 OtrY OF ORONO L K.19,F 1 Hennepin County Locate & Notify Map Provided By: Resident and Reel Estate Services Date: 9/27/2016 PC Exhibit F 1252 • 25-118-23-13 Y r� . 30-1.1$2223. r: - tt� r—5'4 ......14e s w4'..,-;.".4111;s:-. tai l.. cr, I.. MtlAAtFY 1 Lk; i a c f 25'!1124 i } r r— ,�ZY 30-118,2z-3.2 :,........:;....:....,. ..... t.-r,., 4i.,..,4.,, ,,. ... ..,...s:.,..._.......,.„.._. i • , ,t 1r# • trh•„ ,y wy { ,7etr>(its; ', �i" tc•rx,:.", 't.v` 4 ,t ir ayy A. au ' a. -a2,41i foil'ava. r,4r' .1 i el...,,• 25.11,23-42 } '. r{; s , K*, i f` •, ; • In • k., •- - ! is F•7,-"- 310'• 38 r a ; } �R {� �*s` ;, i ' 7 ° 1. F 25-118-23-43 • i F ..t'` al:.., 1r e _ 4.;*:::,. Yr .�ra.' s �"• 280 258 w w • r . t 1 280 5'.'i -1.10.;,y f ' " ta}n "4,; T—_ ,t 'r h } ; • i, Y25-118-23-43 . - ieo • 260 250 f 99 ( 215 865 �;. ° II chide°Hoed 38 '1 NMNMnS 995 • .. { ...._ Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I r r { I j l . I BPS PROPERTIES LLC 930 Prairie View Drive For more formation contact: 1180 Mooney Lake DriveRECEIVED Hennepin County GIS Office Orono, 300 8th Street South MN 55391 OCT 0 7 2016 Minneapoua,MN 55487 9is-infoehennepin.us cn y OF ORONO # 3877 J wooXISArM MM 1•P IW balling El V MON sues were N+IxAv 41+a1��I ill .,� I Mad a 1.113%venvtd 38 25-118-23 41 0011 38 25-118-23 44 0021 BO 25-118-23 140003 WOOD DUCK LAND LLC BPS PROPERTIES LLC PETER M RECHELBACHER CFO WAYCROSS CFD GEORGE STICKNEY 1242 HUNTER DR PO BOX 5628 201 E LAKE ST WAYZATA MN 55391 MINNEAPOLIS MN 55440 WAYZATA MN 55391 PC Exhibit G 38 25-118-23 41 0012 38 25-118.23 44 0022 BPS PROPERTIES LLC MOONEY LALKE PRESERVE HOWNRS CFO GEORGE STICKNEY CFD GEORGE STICKNEY 201E LAKE ST 201E LAKE ST WAYZATA MN 55391 WAYZATA MN 55391 38 25-118-23 410013 38 25-118-23 44 0023 PAUL J BALTHAZOR MOONEY LAKE PRESERVE HOWNRS MICHELE L BALTHAZOR Co GEORGE STICKNEY 9013 FARNSWORTH AVE N 201 B LAKE ST BROOKLYN PARK MN 55443 WAYZATA MN 55391 38 25-118-23 41 0014 38 25-118-23 44 0024 BPS PROPERTIES LLC MOONEY LAKE PRESERVE HOWNRS CFD GEORGE STICKNEY CFO GEORGE STICKNEY 201 E LAKE ST 201 E LAKE ST WAYZATA MN 55391 WAYZATA MN 55391 38 25-118-23 41 0015 40 30-118-22 32 0005 BPS PROPERTIES LLC MARTHA B STIMPSON CFO GEORGE STICKNEY 19040 COUNTY RD 6 201 E LAKE ST PLYMOUTH MN 55447 WAYZATA MN 55391 38 25-118-23 41 0016 40 30-118-22 32 0006 BPS PROPERTIES LLC JOHN C MACMILLAN CFO GEORGE STICKNEY ATTN BOB THEILER 201 E LAKE ST BOX 5628 WAYZATA MN 55391 MPLS MN 55440 38 25-118-23 41 0017 40 30-118-22 33 0007 TIMOTHY ADELMANN C M JR FAMILY 1983 TRUST 4545 TRILLIUM DR N CFO WAYCROSS INC MEDINA MN 55340 P O BOX 5628 MPLS MN 55440 38 25-118-23 41 0018 40 30-118-22 33 0017 MOONEY LAKE PRESERVE HOWNRS C M JR 1983'TRUST CFD GEORGE STICKNEY CFO WAYCROSSE INC 201E LAKE ST PO BOX 5628 WAYZATA MN 55391 MINNEAPOLIS MN 55440 38 25-118-23 410019 80 25-118-23 13 0003 # 3877 MOONEY LAKE PRESERVE HOWNRS CHARLES&JUDITH CROSBY CIO GEORGE STICKNEY 1252 HUNTER DR 201E LAKE ST WAYZATA MN 55391 WAYZATA MN 55391 RECEIVED 38 25-118-23 42 0009 80 25-11823 13 0004 OCT 0 2016 MOONEY LAKE PRESERVE HOWNRS PETER M RECHELBACHER CFO GEORGE STICKNEY 1242 HUNTER DR 201 E LAKE ST WAYZATA MN 55391 WAYZATA MN 55391 CITY OF ORONO i 18Ar► 1 cgwl a+oRPuma _ • I Reqin awed A Exhibit N `� - •.z .;, aroY!�* , • wtenle33lte to"'"“et�gt}t�s .%:C,,.,- .! ,ry > .•: % . w°• as ''� a-1 �� ,N, %I �'� «'. III ..4,` V l' - n it,+.'ANA t .°` y` -�...,.- , i y '.e 10'9 ,R •S. 'nl n S S T .'. he '4:�- s �- !a , ye0. . .,44.410 , �` T b- 4,410,. s� G t, i. a � i y y a a . . *. .y�s _ _ ens' • _. •H ` , .rt 7,k; '�• _ i 4 k6 #h" -� •I r is i .! F s { . ' .rr :f * ' •'� air . ....7,, ,..,,,,,,,,,,,,,,,, ,,.,.: ,,,,,..\.4.,,_,...,..„: 'r cire.• • ft , ° 'yam\ ^•. ,,.. �� 0 0 241 Rot A' 10 ® BOLTON . & MENK vi ' APeople.Real solution.. ,o,:.t Hoav Rol Oledeliner This&ming Is nether a*el*recorded map nor a survey and Is not(mended to be read as one_This *mine Is a oompllation of records,information,and dab looked In venous r2ty,county,and shale oMcis,end other sewer~nen*err Mal,.and Is W be used for reference mown one/.TM Oty of Orono i not response*ler any isnmrades herein contained. C Bolton&Monk,Inc-Web GIS 11/10/2016 10:21 AM t , • ..:0, 1'' 4;404 ,y ty , vic ... ,.. ,..„,, ., ,i,„ . .. ,,,, ii... . ,.,„ itjo 41169Fri,, te,,,044001e-, . 4.. , Iiiii ' ' ''. ' x I- .%;41/4 t a G� k §;. :-`, 1 +4 1.., ,. ::. •. tip LA c ,-„4 ,it, r=te ti x , .. ' �CE1VED OCT 072016 #' 8 77 CITY o��► Ng Item#3 Date Application Received: October 17,2016 O Date Application Considered as Complete:October 21,2016 •4� NO 60-Day Review Period Expires: December 21,2016 To: Chair Thiesse and Planning Commission Members 1;0 >I Jessica Loftus,City Administrator 4kFSH From: Jeremy Barnhart,Community Development Director Date: November 21,2016 Subject: #16-3879,Scenic Sign Corporation,obo Lunds Real Estate Holdings, LLC, 3333 Shoreline Drive, Variances Public Hearing Application Summary: The applicant proposes to construct a new pylon style sign 18 feet high, 0.0 feet from the property line. A monument style sign,no higher than 10 feet,setback at least 10 feet from the property line is permitted. Staff Recommendation: Given the unique features of the lot, including the County Right of Way boundary,staff supports the variances as requested. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Plans and Elevations Exhibit D. Plat Map Exhibit E. Original Sign Background The property owners applied for and received a permit to remove a then existing pylon sign and replace it with a new monument style sign in May 2015. After the pylon sign was removed, it was discovered that the permit was issued in error;the new sign did not meet the required setback from Shoreline/Shadywood,and being a new size and shape,did not qualify as an 'in- kind' replacement. The contractor stopped work and the permit was rescinded. The original pylon sign was 43.5 square feet and 8 feet, 2 inches from grade to the top of the sign. The proposed sign is 18 feet, 2 inches tall and 36.22 sq ft. 100 sq ft is permissible. The proposed sign will be located at the property line. The original sign was approximately 2 feet setback. The proposed sign will include two brick veneer columns,the veneer will match the veneer used in the principal structure. The sign structure will include a standing seam metal roof over the sign face,which will be green and backlit. Applicable sections. The code, in section 78-1466,outlines allowances for pylon and monument signs. Pylon signs are not permissible in the B or I zoning district. FILE#16-3879 November 21,2016 Page 2 of 5 (10)Pylon sign.A sign supported by a post or posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the base width dimension is a minimum of ten percent up to and including 50 percent of the greatest width of the sign. (11)Monument signs. One monument sign, limited to two faces is allowed per frontage per property, with a maximum of two. The areas of sign base, the supporting background structure, and the sign copy shall be combined for determining the total square footage and the height of the monument sign. a. The total allowable square footage shall not exceed 100 square feet per side. The base and supporting material shall constitute at least 25 percent of the total square footage. b. The base width dimension is 50 percent or more of the greatest width of the sign. c. The sign copy area shall have a minimum clearance of 20 inches above ground level. d. The sign copy area shall be completely enclosed within the monument materials. e. No portion of the sign or sign structure shall exceed ten feet above ground level. f. The monument sign base shall be constructed of materials similar in appearance to those of the principal structure and shall consist of brick, natural stone,stucco, textured cast stone, or integrally colored concrete masonry units. The structure surrounding the face of the sign from the base to the top of the sign must be solid, continuous, and consist of the base materials or complementary materials that match the appearance and color of the principal building. g. The 200 square feet of ground area around the base of the monument sign shall be landscaped with shrubs or perennials. 78-1468 regulates signage relating to a specific zone: 8-3 and I:height. "Within any 8-3 or I district, no sign shall extend in height more than six feet in height above the highest outside wall or parapet of any principal building. No sign shall be located closer than ten feet from any property line, except that any sign exceeding ten square feet may project only two feet into the yard area from any building." Section 78-707-Setbacks: B-3 DISTRICT(principal Required(Feet) Proposed(Feet) structure) _ Front(Shadywood) 20 151 Street Side(Shoreline) 20 141 Street Side(Kelly) 20 5 Rear(south) 30 28 Sign Side) 10 0.00 FILE#16-3879 November 21,2016 Page 3 of 5 Section 78-707-Lot Area/Width: B-3 DISTRICT Lot Area Lot Width Required 87,120 s.f. (2.0 acres) N/A Actual 123,668 s.f. (2.8 acres) Section 78-1403-Structural Coverage:N/A,over 2 acres Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 3 123,668 43283.8 s.f. 89,770 s.f. (72.59%) No change s.f. (35%) Applicable 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 applicable regulation provides for commercial signage in a manner that does not impact the traveling public due to hindered visibility and visual clutter. Further,the ordinance intends on improving the streetscape by requiring more stable, architecturally significant monument signs in lieu of pylon signs. The variances, if granted, would protect visibility while providing signage similar to monument signs. 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan identifies the subject parcel as commercial, the proposed signage supports and is consistent with the intended use. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The use of the property is the supermarket. Freestanding signage is a normal and expected accessory structure in FILE#16-3879 November21,2016 Page 4 of 5 commercial settings. The proposed signage, to be located in a conforming location,would require the removal of several parking spaces, increasing hard cover,and expanding the commercial area to the south,toward the residential neighborhood. b. There are circumstances unique to the property not created by the landowner; The lot was developed in the 1970s, and has been a grocery store for many decades. The siting of the building and the parking lot was established by previous developers. Further,a portion of the county right of way juts into the property, to facilitate traffic control mechanisms. This encroachment effectively takes parking stalls away from the property owner, and eliminates normal locates for freestanding signage; and c. The variance will not alter the essential character of the locality. Recognizing that signage is a normal improvement in a commercial setting,the proposed signage is intended to compliment the improvements being made on the principal structure while maintaining site visibility at the intersection. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The jutting of the County's right of way into the subject parcel is unique to this property. This does not appear to occur in other lighted intersections in the city. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The development of the property pre ordinance, the impact of expansions of County Roads 15 and 19 over the years,and the lot line configuration to accommodate traffic controls are unique to the subject parcel. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The variances allow for the placement of a sign at a logical location given the constraints of the property due to development patterns,access,and adjacent streets. Signage for commercial property is a right given to all commercial businesses. 7. The granting of the proposed variance will not in any way impair health,safety,comfort or morals, or in any other respect be contrary to the intent of this chapter. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The applicant has proposed a two legged sign with an elevated message to preserve site visibility in the area. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.Placement of a sign in a conforming location and a conforming style would require complete overhaul/expansion of the parking lot, which would introduce other issues with the parking lot, including hardcover,stormwater control,access,and lot size. 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. FILE#16-3879 November 21,2016 Page 5 of 5 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. Analysis The proposed sign appears to meet the intent of sign regulations: provide opportunities for clear commercial communication in a way that does not impact the traveling public while at the same time enhancing the commercial streetscape. The subject property, due to its development pattern established over the past several decades, has limited locations for freestanding signage that would not remove parking stalls (the site provides the bare minimum of required signage). The planned two pole structure attempts to emulate the design goals of the monument sign regulations while preserving its functionality by elevating it above the parked cars. Staff supports the variance. Public Comments To date,Staff has received no comments from interested parties. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. 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? PC Exhibit A 16-3879 City of Orono Variance Application Snot Address: �f► AP$CM on* X579 cion.fAN suss Dale Received /D —f 7—/OP Fee . e1$ \¢ ,E - it. etylitel 56823-0016 Parent Fes aHv Nobs: Please complete. Applicant will be notified within 16 days as to the status of the application. Incomplete applications wIN at be placed on Planning Commission Agenda. SITE LOCATION: 3333 SHORELINE DRIVE DESORPTION OF QUEST; SETBACK VARIANCE TO INSTALL.PYLON SIGN (attached width:mai sheets es neoesasry)- APPLICANT I AGENT INFORMATION: Applicant Navane: SCENIC SIGN CORPORATION Phone(Primary): 320 202 9400 Applicant Email: JUSTIENjCSIO N.COM Address: ;�• •, ••"i.ST CLOUD MN ZIP: ,:X+r ApplIc ant Is: 4« ,,;"_,�.•,. Homeowner (Circle One) PROPERTY OWNER INFORMATION: 0 check here if property owner Is some as applicant Name: LUNDS REAL E'TATE HOLDINGS LLC Phone(Primary): -• 7"-'s• 1 +'i Melling Address: 4104 WEST 50TH ST12100 Qty: E6INA,MN ZIP: 55424 Email: face.Echaetteliffhl.com APPLICANT/AGENT AND/OR OWNER: • Agee to provide ed Nnormaeon required or requested by the Planning Department. • Agree agreet of this addicted bee red sme not covered in the cabbed be paynnentf andlor consultant erperaas Incurred In • Certify the(the information suppled is teas end correct to the belt of hisiher imowtedge. The applicant and ruler do�thher dellhas aNamMivs repot Il�eccmpttlete applostion being swam that upon adhere to or b moonmaadd the request for timid ohbe request regardless of he potential merit • Admowisdgs the Escrow Agreement Is completed and signed. • The Owner hereby acknowledges and names to 5*Implosion and tether=Modem r airy onto Si.property by City Stair.consultenb agents,Conmdeelon end Count Members for purposes of hwesagadlon and wAtce ion of tles menet • Owner andlor Applicant acknowledge they must be present at all soheddlad review meetings of the Planning Commission end Council. If en sprie:ant ander owner is unable to mend a achedulud masks. please make enanneme is to here an autFa$ad repres tee attend In piece of the applieadlowner end Wee the City Planner sestensa.to You'Pols& "••••,••;/e" Applicant/Agent Stgnature: !)ate: �►' {/v Apple:ant/Agent Signature: Date: PropertyOwner Signature: P /1?0pate: //94 RECEIVED Property Owner Signature: Date: BCT 1 1 2016 mom ap 101160-say s Pega 2 # 3 8 7,9 CRY OF ORONO ;, orQ�, City of Orono ,aVariance Pre-Application \e % acting Form snsc+ (This fans Is to be completed by a City Planner during Your p e-epplica ton meeting.) For Office Use O tiv: ' City Planner. Meeting Dale/Time: PC Date: Met wit* What Is the poppets of a,pr'e•-appricatmn T Pwappiication meetings aid the appharnt In preparing a complete proposal,Inform them of the procedures and requirements of the city code,and Identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 3333 SHORELINE DRIVE Properly Identification Number(PIN): 20117-23,11-0024 Zoning District: 83 Size of Property: 2.84 DESCRIPTION OF VARIANCE REQUEST: IN Average Setback 0 Side Yard Setback D Rear Yard Setback 0 Lake/Front Yard Setback O Hardcover Tier 1 D Hardcover Tier 2 O Hardcover Tier 3 0 Hardoaver Tier 4 D Lot Coverage 0 Lot Area © L,ot Width 0 Other: App[cant'a 30 PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical I Initials: Difficulties Documentation Form, understands it as it has been explained to them, I Owner's i� // and is aware that it must be completed and submitted in conjunction with their Initials: V ar formai variance application. Applhant's i BILLS AND ESCROW: Owner and/or Applicant shah pay for consultant expenses Initials: incurred in review ofd application and/or additional staff time not covered In Initial Owner's v application s, as well as provide en escrow In the amount of$ to Initlais: s rle guarantee payment of the above. OTHER INFORMATION: `please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed taft. /fitht Applican t Signature: Data:/ � RECEIVED Owner Signature: Z. P Daft: „ .,y „_May 2018 OCT 14 2016 Page s 3879 ' CI rO`ORONO DAV PRIVACY ADIRILORy M accordance with Minnesota State Statute 13.04 Rights of Subleas of Data,Subd.2,"Terxlerrson warning".we would Me to inform you that your request for a permit or license from the City of Orono or any of ite departments inlay require you to Furnish certain private or conNdenWl Information. You we notified that 1. The Information you furnish will be used to determine your qualificallon for the permit or Oconee 2. You may refuse to supply data,but refusal may require that the City deny the permit or Oconee. 3. The informa3on may be shared with other looa else or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or Hoense requires Council action to approve, some infonne#bn may become public. 5. You heye eeraln rights under Minnesota State Statute 13.04(see fdlowing paps)to review privets data on yolrrself. 6. Your full name is required to process this application or permit. JUSTIN MICHEAL O'NEAL First Middle Last PO BOX 881 Address ST CLOUD MN 58302 320 252 9400 City Stele Zip Phone I understand my rights stated above. RECEIVED %w ince pppMcelbn Alit'2015 OCT 14 2016 Pa.'°t0 # 3 8 7 9 SOF ORONO PC Exhibit B 16-3879 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 462.367,Subdivision 8(2)requites that practical difficulties be demonstrated in order for a variance to be granted. The ditflcullles must be unique to the property as variances nm with the lend and not the land owner. Personal and economic Oust/one are not considered veld 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 oeiermine it practical difficulties exist and how the variance will affect the surrounding community. To prove practicel difficulties,address all the relevant points listed below and answer them as dearly as possible. Since you we 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 ail not be considered. Plass address each of the!wake practical difficulties truants es they relate to the merest,I they do not apply, write N/A in the apace prioviided: 1. 'The property owner proposes to use the property In a reasonable manner not permitted by the Zoning Chapter.' WA-eodstina use to remain-arooery retailer 2. 'The plight of the landowner is due to circa unique to his pin not created by the landowner." Yes,the unique shape of the property and��road layout only allows sign plat near the property Ilne. ,,,-.Hl!.F ,,,. ...,. ,,,. ,. - ,,, l-.• l-.lI,-.,1•- ,i •,, , .• , F .-. .,.• '. .;,: ..i..:', _ I ..:,I 3. The variance,If granted,will not alter the essential character of the locality." No,It will enhance the character and the sign le crlticsl to the success of the business,which Is bnportant and Integral to the 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.' WA 6. 'Practical difficxulties 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 1106,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 WA RECEIVED OCT Mance -•wy2018 14.20fB PIM 4 # 3879 OITYOF ORONO 7. 'The Board or Council may permit as a variance the temporary use of a ons-family dwelling as a two-famly WA 8. 'The special condWons applying to the structure or land In question are peculiar to such property or immediately adjoiningYeproperty.' of the property and adjacent road layout only allows sign placement near the property Ina. 9. "The conditions do not apply generally to other land or structures in the district In which said land is located.' No-the condition is unique due to the shape of only this parcel! 10. 'The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant' _ A deathly visible elan near the Irdara®cOaan Ia crit &l to the arrruera of the uainses. 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.' No—the sign esteem'requirement is designed toprotect adjacent property owners mid should not affect them. 12. 'The granting of such variance wi not merely serve as a convenience to the applicant, but Is necessary to alleviate demonstrable difticukf.' Yes,a sign Is critical for the success of the business and because of the shape of the lot there are few other Algonsimpermaajidscpiste sheep, which is strident tn_thkauncees of the business Practical Difficulties Slatsrnent Should you feel the practical (Vacuities cannot fully be described in the above criteria, describe the practical dffftvlties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets aenueenof the te eary) ships and location of the property itis not possible to locate a free standing sign 1 OMmm the praperb/Ins and pyien style freestanding elms,but because of to.shape of the property and parking requirements a monument sign world not be visible and then.ns not wetA. A pylon is the only option to tales the sign above the parked cam end eller:11veiy adrarlke the bunirsss. RECEIVED OCT 142018 Variance Aptlb.ilas—May 2010 Pageb # 3879 OFORONO i 'rci : Q li 4 t g- 6 7., co 1111 2__ Nll M l l I 1 :gam Q! i 1 y 1111 1 81 R -H- ,-, li 4 I .111 trl u� ill .Js �� 1 ib 2 � L � j I 1'iiIgiit 8g 1 _ ---- T , r ilk. i; L:7_-- i. . 1 � . ' y 1311 11(l f 1 ;r . I J -n _ ! ' T X71 t�'"�}► L 0 I 'ate, k ;�''Aas i , a lith < * 4 ' ,,,S,..--'IA";'' l'''.1;' -4:C' - ' • r - ' • _4. _ ,,,,....,•„:••• ,:.:,„.. . . . , , ,.. ..,. 7,.., --- ''..:- .,,. * . ' ....... mug -, ..• IIIII ._ .. Ay A- oi • , - , .46 *- ''' ' .-.,41-- _-, %,-,..;.1„. — — , - , -'„. • . . — 44 1.,• . . . , oilverkr.: -..---, - -"'• : PI , r . , .,.. u,..„ .,.. • ... .• . -- - . ot, ;._ • .., •„.•„ , I .:0 L 1,7 , ' :- .• - l'? , ' . .. 1 t, : ,'., • . - '.. - ',...-::.., ',,,.., ,a,taft , . . F.' ,--. ,- , .. .,.. . _, .10 -' ' w _40,91kr- . , .La... - ... .,. . -. ,, . i. ,. , 1, ;.-.*.;-.- ....t-....,. , $, -fdr. . :',$.•,,,04,,r;._•,,,-..-17,:. • '. ,., - '.:!.:;''.- - ; fl - A ie.': c....- .. . 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I Vat L...1 1 L.) -s 1 VI I ... ...... / . O• I N. CO I :;.,- .- 1,-(‘ 11 `g E.- '' - - .._ • - • . , 1 ft . 11 I rt c' i .. • , 11 ? . i‘h y i.,.., A . .,. . ft . 4 t I It, - 11 . . fl ,, ... ) il, . ,0 ,.. . . III • 4 II. 7 .. 4. I^, 4. ' .4. N -` 3 1 1 i ' 4 • NMI 4 , , L'..•i , . - II 1,44!' *,•,,,-;., -., , -!•---. ..... _ _`.:--, •• E, , -----ii__4 ' - , .:1 - '', l' le ' - 1 -''..-. --- _, - 2' (, , -: ,, .., (..-_-_) 8 . — ' t- . . -1. . 4-- .• . -. _ ... ' :, ,.... ,..... 111.1 4.04 . -,. . . . it • •t, . C)1, •... . , ,._....., .....7,, . . . C.' 1 ..?‹ t C?.-..-- 111... 1 1 Ici e ....... eft. LU tts,,,,‘ '• .1.N.•,... , ,.. At . , ..,. • F 1. • - , • PC Exhibit D Hennepin County Locate & Notify Map I6-3789 Provided By: Resident and Real Estate Services tom:9/19/2015 17-117-23-42 , 17-117-23-41 '"{ p. n. 17-11.7-23.44 • 'b I u, n4 j . a . r • r f 17-1' 7-2)-43 I. Sr 'it Io -. r r-Ya w' Q . d -i- -- r .0' `.... M 1 = 1--t1v ��J_F 20_117-23.12 �‘ '•y r �c• A s. t. < \\ f 20-117-23-12 `' .1 �`, ` %A17-23-11 / Buffer Size: 350 feet 0 120 240 480 tt Map Comments: i ► r i i i r r 1 3333 SWIM,Me Orono,iii 66801 For mos intornetion corrimct RECEIVED Hennepin Court/ CM Office OCT 1 4 70: ai•Min�u. 'CRY OF ORONO # 3879 PC Exhibit E 16-3879 NDS '' r _,.. it i oat ♦ • r !!11 sum r .pU )04 . Item#4 Date Application Received: 10/18/16 O�T Date Application Considered as Complete:10/18/16 - NO 60-Day Review Period Expires: 12/17/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus,City Administrator 4kESHo�`� From: Melanie Curtis, Planner i'y1GG Date: 16 November 2016 Subject: #16-3880, Everlast Enterprises,230 Tonka Ave,Variances Public Hearing Application Summary: The applicant is requesting lot area, lot width, side street, front and side yard setback variances in order to redevelop the property. Staff Recommendation: Planning Department Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photo Exhibit G. Property Owners List Exhibit H. Plat Map Background The property owner is proposing to demolish and construct a new residence on the property at 230 Tonka Avenue and is requesting a number of variances in order to do so.The subject property is a nonconforming lot of record with just under a half of an acre in area and approximately 150 feet of width on Tonka Avenue;the LR-1A zoning district requires 2.0 acres in area and 200 feet of width. The owner is requesting setback variances from Tonka Avenue,and the undeveloped Brook Street,a 20 foot wide undeveloped but platted alley,on the north. Because the setback variances are requested, lot area and lot width variances are also required. The proposed two-story home will be situated 30.2 feet from the front/street lot line and 40 feet from the north side street lot line where 50 foot setbacks are required; rear and south side setbacks will be met. Hardcover will be beneath the Tier 3 limitation. LOT ANALYSIS WORKSHEET Section 78-305-Setbacks: LR-1A Required Proposed Front 50' 30.2' Rear _ 50' 53.4' North Side Street 50' 40' South Side 30' 53.8' #16-3880 16 Nov 2016 Page 2 of 4 Section 78-305-Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 18,793 s.f. (0.43 acre) 150' Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 18,973 s.f. (0.43 acre) Allowed: 2,818 s.f. (15%) Proposed: 2,176 s.f. (11.5%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 3 18,973 s.f. 6,640 s.f. 3,055 s.f. 3,915 s.f. (35%) (16.3%) (20.8%) Applicable Regulations: Front and Side Street Setback Variances (Sec. 78-305) The applicant is proposing to construct a±2,100 square foot home with an attached 2-stall garage.The home will be approximately 56 feet wide with the side street setback proposed to be 40 feet, and the front yard setback proposed at 30 feet to the porch and 36 feet to the house where 50-foot setbacks are required. Lot Area and Lot Width Variances (Sec. 78-305) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district.Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080,can be installed or the lot is connected to a public sewer;and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for setback variances results in the property's inability to conform to#1 above.Therefore, lot area and width variances are also required in order to redevelop the property. 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 #16-3880 16 Nov 2016 Page 3 of 4 recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The lot area,lot width variances requested are consistent with the general intent of the Ordinance. There is adequate space for light,air,and open space between the proposed home and the street and neighboring homes with setbacks requested.The variances are in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The request to permit construction of portions of the proposed home within the 50 foot side street and front setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the encroachment on the north (undeveloped Brook Street) will afford a greater setback from the neighboring home on the south. There is no neighboring home on the north. b. There are circumstances unique to the property not created by the landowner; The sub-standard size of the subject property was not the result of actions by the landowner.The neighboring homes are separated sufficiently to allow for light,air,and open space between the homes;and c. The variance will not alter the essential character of the locality. The proposed home will not alter the character of the neighborhood.The structures on adjacent lots are set back similarly from Tonka Avenue. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The nonconforming lot area and lot width of the property are not uncommon in the surrounding neighborhood. The applicant is building more centrally on the property.The existing substandard setback to the south lot line will be improved(setback increased)with the proposed home. 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The proposed home will be generally in line with the neighboring homes with respect to size and setback. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. ti #16-3880 16 Nov 2016 Page 4 of 4 7. The granting of the proposed variance will not in any way impair health, safety,comfort or morals,or in any other respect be contrary to the intent of this chapter.Granting the requested variances will not adversely impact health,safety,comfort,or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The size and width of the property coupled with the 2-acre district setbacks create practical difficulties affecting the subject property;the variances are necessary and not merely serve as a convenience to the owners. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that there are demonstrable practical difficulties supporting the lot area and lot width variance as well as the front and side street setback variances requested. Engineer Comments The grading plan will be reviewed at the time of the building permit review. Public Comments No public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variances conditioned upon compliance with the City Engineer's comments on the grading site plan at the time of building permit. PC Exhibit A City of Orono Variance Application W31 \O Street Address: Application* �j 0 Y 0 2750 Kelley Parkway Orono,MN 55356 Date Received. 0 $'/G• .., Main: 952-249-4600 Staff !_ `� Fac: 952-249 816 Fee f C V } .1Healing Address: Escrow*&$ '�i�C)c ) r 11,pilloo. ` P.O.Boz 6s 1el C1_ LF'g5C G Crystal Bay,MN 55323-0086 Permit Fee /4k9- Notes Please complete. Applicant will be notified within 15 days as to the status of the application. incomplete applications will csd be placed on Planning Commission Agendas. SITE LOCATION: 230 TONKA AVE ORONO MN 55356 DESCRPTION OF REQUEST: Lot&areaFront setback-30 foot instead of 50 (attikhed additional sheets as necessary) APPLICANT/AGENT INFORMATION: Applicant Name: EVERLAST ENTERPRISES.INC Phone(Primary): 612-868-0748 Applicant Email: JinelDEverlastEnterprises.corn Address: 41Q$NORTH SHORE DRIVE City: MOUND ZIP: 55364 Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION:,PJ'check here if property owner is same as applicant Name: EVERLAST ENTERPRISES IN Phone(Primary 612-868-0748 Mailing Address: 4109 NORTH SHORE DRIVE.ORONO MN ZIP: 55364 Email: Jim©FverlastEnterprises_corn APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment)and/or consultant expenses incurred in review of this application,and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of Its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents,Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: , t a,t4 /7 ()tom Date: 10-11-16 Applicant/Agent Signature: X1 a .1 , Date: Property Owner Signature: __S Alma_ Date: Property Owner Signature: Date: variance Application—May 2016 RECEIVED Page 2 3880 OCT 182016 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd.2, "Tennessen warning",we would like to Inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that 1. The Information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data,but refusal may require that the City deny the permit or license. 3. The Information may be shared with other local,state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some Information may become public. 5. You have certain rights under Minnesota State Statute 13.04(see following page)to review private data on yourself. 6. Your full name is required to process this application or permit JAMES MICHAEL CLEARY First Middle Last 4109 NORTH SHORE DRIVE Address MOUND MN 55364 612-868-0748 City State Zip Phone jI unde nd my rights as stated above. Sig <<s 4 V13403ao r RECEIVED Variance Application—May 2016 Page 8 OCT 1 8 2016 3880 CITY OF ORONO • PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM d 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 M 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 practices difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This font 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 wiN not be considered. Please address each of the twelve practical difficulties alert as they relate to the request, if they do not apply, wale WA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.' 1- 1.- - ••:1.11-- 1=,. _ 1 _ .[ [.• 1 .1_11 . . - f- 11 1 [.1._ 2. 'The plight of the landowner Is due to circumstances unique to his property not created by the landowner.° The setbacks are 50 foot_front and_rear&30 feet oathe sides.We wouldiike to aooly for lot&width variance, 8 30 foot front sefbackands 40 moot setback on the north_side/side settsk 3. "The variance,if granted,will not alter the essential character of the locality." No itwill not The project will result_in_a 2-story.4 bedroom hkxr�that will add to the character of the neighborhood_ 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." With current setbacks_a single family home of desirable style and sizes and placement is not possible. _ 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 Counal 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.' Sinai*family hnmag-arn 9linwad in a Tiar L7nna RECEIVED Variance Application—May 2016 OCT 1 8 2616 Page 4 3880 CRY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.' NA 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.' No.Most of the lots Inshe neighborhoodllo not currentiv adhere to present setback restrictions. 9. 'The conditions do not apply generally to other land or structures in the district in which said land is located." Most of thetas in the neighborhood do not currently adhere tonresent setbeduestrictions 10. 'The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." variance 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.' Approving this request will have zero impact on health&safety of any residents nor have any impact at al on the suouly of 8oht or air to adiacent properties.Nor will there be any tmoact on street congestion pr public safety:nor diminish property values in any way.In fact,approval of this proposal wig enhance property values on Tanks. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to deviate demonstrable difficulty.' Tha new single family residence cannot_be built onihe propady without a valance 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): Proposal is to remove existing, non-compliant singlestory 1388 sq.foot home from site and build a new 3000 so ft 2-story.4 bedroonmsingle family home.The current setbackis 50 tend we would meets variance to decrease the front yard setback to 30 feet.We are also reauestina a north slide setback variance of 4Q ft. This will allow more room between 230 Tonka and the 250 Tonka Skoogproperty. A lot area and width variance will need to be granted to accomplish the new build, We feel that the approved variances will allow us to more properly place the new residence centered on the lot and sufficiently spaced from our adjoining neighbor. RECEIVED Valiance Application—May 2016 Pegss OCT 1 8 2016 3880 CITY OF ORONO Building Permit Survey 91 0 Prepared for: i g6s Everlast Enterprises 6. *9 - bo' 966 g 6h — — 96k N gbi 7965 Brook St N 1 s + N8938'58"W 12525 40 51' _� 9b 1 - - - -- yti 96 j 0) fJ "95gt i Proposed Driveway 96')� 0 6 �h 1/C!) 1 962 96171 ( )o I 961 r , i z o cto •'� 3 o � (96L3)— (961.5)I _ ii_ �°'., c co o w r - 19.3o 22. o 9Lu tfl,It o I u r 13.3 Imo: I 111 to --�— 10.1 1. - 2 . - --- 30.2 ---- to I NI I o I" I I� C:::, 3 3 CS I o / g9 959 I 0 j ii Icts Propo d Wolk y I Proposed ( _ eW xisfin Garo� 0 �+ ., N= TOF=962.3 N r g60 ;/ GFt961.9g a O O Grovel Driveway . c GF£=961.5 NI Deck ol.�_-__ - 45 • y^C '. ,� 00 (to be removed) el v L1:E=954.5 NI J 0;; - p N 10.0 • O _ 71-- IR% 1 .7 x9596CI I') 1H.......3„3‘-- ��) 961 Z '6�. Con a.: :'• `. o 959 1958.8) 9. Concrete . • (958 J-(958 8) ''Er-II-14'058z) I 96), a.) • _ E 1 a� 958 c to R 4, 3 Existing Hous • p, m FFE=960.5 . Y 7 GFE=959.4 3a C ` C y 0> �9 j (to be remov ). 1 ', . a Io W 4t�' I Lt; /; 20.6- 23.0 vT...,_60:26_ .1 ---�- J O 4956.9 o`s. Stgop- �9ti v o W hb` & Step 9 o ryco x I . L. 9 p 1\'F� 33.3 ygal • 96 9 �-. SCAM' 9 6oN 0 1 950 1 to 20 J6 a ' 1 y • 40 9hh• �\_ + $ 1 ls.v s O - 1 89 34'58"W 125.21. (comp.) 125.25 (plot) --' 1 inch = 20 feet 9 SS 9hk I r �- / Site Address: ? I13 230 Tonka Ave ///xisfin House Orono, MN 55356 Q I \\\\\ r 9yti Existing Hardcover Calculations (so. ft.) Proposed Hardcover Calculations (sa. ft.) Boundory Description (supplied by client) n House 2,131 House 1,887 Lots 14, 15 and 16, Block 2, BAYSIDE ADDITION TO Gravel Driveway 664 Driveway 1,539 LAKE MINNETONKA, according to the recorded plot Pavers 115 Porch 289 thereof, Hennepin County, Minnesota. Subject to any Concrete 77 Deck 100 and all easements of record. a; Stoop & Step 68 3,815 3,055 Proposed Elevations: Lot Area 18,793 Top of Block = 962.3 Lot Area 18,793 Garage Floor = 961.5 Total Hardcover 20.3% Basement Floor = 954.5 Total Hardcover 16.3% Bearings based on assumed datum. �.f Q ^ Job Number: 8301 SC! IOLJORt.ii I hereby certify that this cer direct of survey was prepared by me or under my direct supervision and Book/f�age: LL that I am a duly Registered Land Surveyor under the LA D SERVICES laws of the State Minnesota. Survey Date: 9/27/16 Drawing Name: everlast.dwg INC. __—_ r_ _— Drown by. DMS Paul B. Schoborg Revisions: 763-972-3221 8997 Co. Rd. 13 SE www.SchoborgLand.com Delano, MN 55328 Date: x.,72,1 z L2 '.'/._ Registration No. 14700 PC Exhibit D I i � I � e trialll -110 I� r"I 7 I 1- - MIMI -- ■111 - __ MINIM .�'�WWO� MINIM■M■INI 1.11-11 h -" � u N T OQ �■,I1I ml■::I /_ `,/ I c6 ■■■■ elk ' 1 C r- I ER � C I i EHEH O � I I )0; 16'-10' 56'-0' * 19'-2' // I-- 11 ,_ DINING ROOM KITCHEN I Ii DC 04€4. HGARAGE �[ 30'RANGE 04 - L ® I o[ I I . ip MUDROOM t t in io in • 0 I 7 \4. \0007Yl41w LCD ti I 'v OFFICE (<,a, ''al u LIVING ROOM in rj \ \ F--, I I e 132& sr main level II , , , , II • 5&1 sr earace 0 100 s f cleck� 0 • 289 sr porch / 6'-0' / 28'-I0' / 21'-2' / /\/\ / 50'-0' / / %I-0, lala dr ® TscAeonkat�s� 1-louse 10-12-16 : Rr d' DESIGN&D--'Ac I 49'-1 I/2' 20'-10' 29-2 / • CL 11 BR13'10X13'10 CL ER 14'3 x 14'6 - - CL N 0 � L T - � BATN 9'6 X 6 CL ® I I® I Cr 545C4 EFIPLER LAUN 6X 0 BR 13'10 X 13'5 Z9 m 1433 s f / 2s'-10' / 21'-2' /- /\/\ neNo 1 ®Tonka 152d Nouse 10-12-16 No SCALE: va�.1.-0'®� DESIGN&DRAF T sca PC Exhibit E City of Orono ,'4oNo� Hardcover Calculation Worksheet Property Address: ►+� 230 TONKA AVE,ORONO, MN 55356 Prepared by: Everlast Enterprises, Inc Date: 10-11-16 Stormwater Quality Overlay District Tier. (Circle one) Tier 1 Tier 2 Tier Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter within the 75'setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Survey Total (Square Feet) (Example) (Garage) (24'x 301 (720 S F) A Hr1USE AND GARAGF 2131 S.F. B DRIVEWAY 664 S.F. C PAVFRS 115 S.F. C CONCRETE 77 S.F. E STOOP&STEP 6$ S.F. F S.F. G !J - H S.F. S.F. S.F. K S.F. L S.F. L S.F. N S.F. S.F. 0 P S.F. S.F. Q R S.F. S S.F. S S.F. S.F. S.F. V _ V S.F. X S.F. Y S.F. S.F. (1) Total Existing Hardcover 3055 S.F. Excludable Hardcover(See City Code Sec 78-1884): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover (3) Net Existing Hardcover [Subtract line(2jfrom line(1)1 S.F. (4) Total Lot Area 18 793 S.F. Existing Hardcover Percentage [(3)+(4)] 16.3 g6 (Proposed Hardcover next page) RECEIVED Variance Application-May 2016 OCT 1 8 2016 Page 7 3880 CITY OF ORONO City of Orono %\ Hardcover Calculation Worksheet Property Address: 230 TONKA AVE, ORONO, MN 55356 Prepared by: Everiast Enterprises, Inc. Date: 10-11-16 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 3' Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table,identify all items of proposed hardcover on the property,keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain,as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties,identify any features by letter which are within the 75'setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Survey Total (Square Feet) (Example) Marne) (24'x 301 020 S F) A HOUSE 1887 S.F. B DRIVEWAY 1539 S.F. C PORCH 289 S.F. p ' DECK AND PATIO 200 S.F. E F _ S.F. F S.F. S.F. H l _ S.F. S.F._ S.F. K K S.F. S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S S.F._ S.F. T S.F. U S.F. V S.F. W X _ S.F. S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 3915 S.F. Excludable Hardcover(See City Code Sec TS-1684): S.F. S.F. S.F. S.F. 2 S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(111 3915 S.F. (4) Total Lot Area 18.793 S.F._ Proposed Hardcover Percentage [(3)+(4)] 20.8 % RECEIVED Variance Application-May 2016 Page 8 OCT 1 8 2016 3880 CITY OF ORONO PC Exhibit F • ) • - :, •44.. ' . , . f . , ' .' ' iiii- , 441.. p `-a3 -;1''' -461 c.o...441111-.4. # ). i-- - "'''' % " i*7 ' ,... • r 4.- -' - i ,---, , L. bk,, . . . lit At ii -. 7 . , ,,.., . . , , .,..,4 .- .. .., .,. t il ..,.. . I. - - ' ,. ' . Ai 4F PITr,„ , . ,.. , . ., ,4tYc 1 *" /-4464"- ., ' ;491' 1 7. ' I ii: • r i" 4 .. - . ,c, „ - , ' Ali . .,, :,.. ..•-".. - E.... .. ., IP 4'1: IlL . - • • :It '••••• . . 4001 . .. •• ,% - Y • .- t' - ..': - ...X.6•14.-- I ' iff.Ar: 4,4iNgi .. .,. .,"r'r.. L ie:,...ia,Aik . I- . vow-- , 4 ..10 ..., , . ip.... .... ,.......„ : , , , __... ...,... .._........ u . , . •. ;., . .., ,., ripi . .. _ ., veof' . , .. -;. *.'. - hilt.„.14,-/1/4. • 7, i - . r 1 , . • ÷- ... 0141 ^ . 16 . , ... PC Exhibit G . RUN DATE:10/11/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 110006 38 05-1!7-23 130053 38 05-117-23 140025 C R HERKERT&L S HERKERT T G VAUGHAN&N P VAUGHAN SANDRA J NICCUM 3285 GRAHAM HILL RD 205 TONKA AVE 283 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CRAIG R HERKERT TIMOTHY&NATALIE VAUGHAN SANDRA!NICCUM LORI S HERKERT 205 TONKA AVE 285 CRESTVIEW AVE 3285 GRAHAM HILL RD ORONO MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 11 0007 38 05-117-23130054 38 05-117-23 140028 MARK J HEURUNG T M ZIESMER&M T ZIESMER P O SKOOG&S L SKOOG 3315 GRAHAM HILL RD 3440 BAYSIDE RE) 250 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MARK J HEURUNG TODD M&MARIE T ZIESMER PAULO&SHERRY L SKOOG 225 6Th ST S 62900 3440 BAYSIDE RD 735 DICKEY LKE DR MINNEAPOLIS MN 55402 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-1:7-23 12 0015 38 05-117-23 14 0012 38 05-117-23 14 0029 STATE OF MINN STATE OF MINN CHRIS.1 BUTTERFIELD 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 230 TONKA AVE ORONO MN 00000 ORONO MN 00000 ORONO MN 55356 DNR REAL ESTATE MGMT DNR REAL ESTATE MGMT CHRIS.1 BUTTERFIELD ATTN DEBBIE GURTIN ATTN DEBBIE GURTIN 230 TONKA AVE 500 LAFAYETTE RD 500 LAFAYETTE RD LONG LAKE MN 55356 ST PAUL MN 55155 ST PAUL MN 55155 38 05-117-23:2 0017 38 05-117-23 14 0018 38 05-117-23 14 0030 RICHARD GUSTAV MARKLUND SCOTT D HOCHSTEDLER REGINA ENGEBRITSON 3415 HIGH LA 290 CRESTVIEW AVE 315 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 RICHARD GUSTAV MARKLUND SCOTT D HOCHSTEDLER REGINA ENOEBRITSON 3415 HIGH LA 290 CRESTVIEW AVE 1250 ARBOR ST LONG LAKE MN 55356 LONG LAKE MN 55356 WAYZATA MN 55391 38 05-117-23 13 0012 38 C5.117-23 14 0019 38 05-117-23 14 0043 BLAIR MILESKI&APRIL NEWTON BRYAN QUADERER THOMAS R BETZ 3420 BAYSIDE RD 235 CRESTVIEW AVE 300 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 BLAIR MILESKI&APRIL NEWTON BRYAN QUADERER THOMAS R BETZ 3420 BAYSIDE RD 235 CRESTVIEW AVE 300 CRESTVIEW AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0028 38 05-117-23 14 0020 38 05-117-23 14 0049 ANGIE PAMELA QUIROZ JOHN D TIES STATE OF MINN 295 TONKA AVE 245 CRESTVIEW AVE 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 ANGIE PAMELA QUIROZ JOHN D TIES DNR REAL ESTATE MGMT 295 TONKA AVE 245 CRESTVIEW AVE ATTN: DEBBIE CURTIN LONG LAKE MN 55356 LONG LAKE MN 55356 500 LAFAYETTE RD ST.PAUL MN 55:55 38 05-117-23 13 0029 38 05-117-23 14 0021 38 05-117-23 14 0055 BARBARA J HUBER STEPHANIE REIMAN JEFFREY S MELBY 38 ADDRESS UNASSIGNED 255 CRESTVIEW AVE 240 CRESTVIEW AVE ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 BARBARA I HUBER STEPHANIE REIMAN JEFFREY S MELBY 3390 BAYSIDE RD 255 CRESTVIEW AVE 240 CRESTVIEW AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0030 38 05-117-23 14 0022 38 05-117-23 14 0061 DANA S BR'JMITT ROBIN GRIERSON P A&K S SKOOG 3400 BAYSIDE RD 265 CRESTVIEW AVE 280 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 DANA S BRUMITT ROBIN GRIERSON PHILIP&KAREN SKOOG 3400 BAYSIDE RD 270 CRESTVIEW AVE 280 TONKA AVE LONG LAKE MN 55356 ORONO MN 55356 LONG LAKE MN 55356 38 05-117.23 13 0050 38 05-117-23 14 0023 38 05-117-23 14 0062 B W HENNING&R L HENNING MARIE A HEDTKE SUBJ/L E SUSAN A M OOHMAN TRUSTEE 245 TONKA AVE 275 CRESTVIEW AVE 330 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 BRIAN W HENNING HAROLD&DELORES HANSON SUSAN A M GOHMAN REBECCA L HENNING 275 CRESTVIEW AVE 330 TONKA AVE 245 TONKA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05.117-23 13 0051 38 05.117-23 14 0024 38 05-117.23 14 0063 JESSE SABEAN&ASHLEY SABEAN SANDRA!NICCUM ROBIN WEISS GRIERSON 225 TONKA AVE 285 CRESTVIEW AVE 270 CRESTVIEW AVE ORONO MN S5356 ORONO MN 55356 ORONO MN 55336 JESSE&ASHLEY SABEAN SANDRA!NICCUM ROBIN WEISS GRIERSON 225 TONKA AVE 285 CRESTVIEW AVE 270 CRESTVIEW AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 4 RUN DATE:10/11/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS UST) PAGE:2 38 05-117-23:4 0067 SCOTT NAISBITI/NANCY FAHIM 3225 GRAHAM HILL RD ORONO MN 55356 SCOTT NAISBITT NANCY FAHIM 3225 GRAHAM HILL RD LONG LAKE MN 55356 38 05-117-23 14 0068 COURTNEY R KILL TRUSTEE 3235 GRAHAM HILL RD ORONO MN 55356 ROBERT C&COURTNEY R KILL 3235 GRAHAM HILL RD LONG LAKE MN 55356 Hennepin County hes developed electronic forms of certain property informed=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 fee particular purpose regarding the accuracy and/or completeness of the information contained haw. RECEIVED OCT 1 8 2016 3880 Cmr OF ORONO PC Exhibit H ,i ,,;, Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 10/11/2016 -hi?•I.j 05=117-23-12 r -05-117-23-11 fi 3 E" e' ".4". • rr, zit •`>$ s��. � 05-117-23-13 " "i a .XI • • t- --Ne4.ni 05-117-23-42 05-117-23-41 Buffer Size: 350 feet 0 120 240 480 ft Map Comments: 230 Tonka Avenue Orono For more information contact: MN 040029 6 RECEWED Hen a int Sn treet SoutGIS h Minneapolis,MN 55487 OCT 1 82016 gis.infolahnnepin.us Ci1Y OF ORONO # 3880 Item#5 Date Application Received: 10/19/16 % Ot VO Date Application Considered as Complete: 10/25/16 60-Day Review Period Expires:12/25/16 To: Chair Thiesse, Planning Commission Membersrq Jessica Loftus, City Administrator kFSHo� From: Jeremy Barnhart,Community Development Director Date: November 21, 2016 Subject: 16-3881 Rick Denman(Charles Cudd Co, LLC, for DDK, LLC Owner) - 2525, 2535, and 2545 Shadywood Road - Easement Vacation -Public Hearing Summary of Request: The applicant requests approval to vacate drainage and utility easements created as part of Leach Addition. These easements will be replaced with easements created as part of the new Shadywood Villas Plat. The City Council approved the preliminary plat for Shadywood Villas on September 12th and is expected to approve the final plat on November 28`h• There are no utilities within the easements to be vacated. List of Attachments Exhibit A - Shadywood Villas Plat Exhibit B - Leach Addition Plat Staff Recommendation Staff recommends approval of the easement vacation as proposed,provided the easement vacation is recorded as part of the platting documents for Shadywood Villas. • SHADYWOOD VILLAS \ C.R.DOC.NO. SEE DETAIL- \' Via, \F ti ,\ � s$'r�.y9oy, \ 9� Drrnee em utility Mown mea: o°®+^.'P FO\a Opo \\ 'a0personsIwo mewls PV Casco VwPVOLL C.awl.b.ed Mid rad�.lo•n.M.owner a 1 ^� NNW n M Coady alMrepYL MEM alltir;�ab,levee 1 'Y y Ni �iC�`L`�'+y Lets 1,2 mel 3,Mock 1,LEAPS AMMON Hee mead lite L .,,,,4#.* •��. �+ '' 0 �� �J��� wmouseNe'"earao '..rendM POW. �FINN as °2.2.0.r'".0.2 Mm Flit the pubic 1 2 .21 /�®� 79-'1N/N/: \ 2 fl.w....apltldC..mVeYse.LLC,..e...oreanemnr.«�Ar...n..aawpN.atsn !� °.® \ /�`� be aimedbyWs CNN teeeewweb_dmM ,20_ eengsfeet P NMI.mime oeerw4sYdmlae,and v qsMTN e.0 :4^^��/ \'a;,''. './91,_,'‹`/ ` .per\\ CNN Menem stinking. iYptIloNla way!nes Wabeim 10ss Meth lee lee O`1 `i \ •. 2 • % 4‘1-4°,„-r,-.. 1-\ `'1 • Deolss load ren monument 4 a'f- "- \:®.; �' �2 `"•• ```N j@7• i \u`, I p COIINrvOr PJM 1Tn.b.w.a Munwtlawee acknoManpiel berm u.i INneet c..Minnesota '. :Mmmn.•M 12 a 1r sty Yen monument. 1, i 31 ''"*..,;4 N, /$A - - - mekNbyMNLbNo.127m 0• O /1 '1 .y �11eb �' — \ 1�edl�omy ./,on NOM ant coneNN. Maty For sBbdt I.LEACH ADOR of IN annoy,IN by v `r 1 �-' (\ y a� Id ' /P� �N N a,assumed be•kq of N erl3Ysw \`\ `•\a b.�'/'`y/\.3 9 Ira , C 1 x MMy mnm `saon mem Canty. *WI.pk.elnalns 0 40 80 160 � �'/ ` Ig / nP 1 I Malts.Wmeseng Oa hereby wily Ml ins plat was preMed M me a under my direct sMalrl.bn M4 l un. � le// as' \~dye1 Ilk e C p I duly nonmed Land surveyor nM sole a L+eemob:Owl Ms MON/tared r.pnad.Aal dM na,�,/ awrt�lf .e' N ''''..".;‘,:•,. /• /, N` I ri, MAW.,.rr mrwm.evl err and labels oyamaN d m ea.Net xr N moments impaled on S / �\4 '( J \' Mb lar lbw,been a IA ee mrr�w set within one ywr;eve el wave beund.nss and woe lends ss Penned In SCALE IN FEET 7 ',�i/ > 1 �• q - ('00 (3�/ +Miry � n s05.01.Sub0.3se IN date aeasaMebls n.smw,ak oesndmei.pY;and Ili �$' // .. `'< T�'yY tom ''.../gee \V g\f s41bdIN._dw of '� ,, V 5 `t, .. `' /. ,,. \ x I Met S 6ake0 Llealwd Lrk samayor end Engineer / \y , V I IMremo lore.Number 1n55 ' n* 6 O} \`1f.,.•b<-/„ \ I STATE OF ee'+.,r; ,///‘',.. 4e,/ P M ' 0 '® CDUN,YOF - ?The foregoing n.tan.nawas.ma.Ndp.d Wore ma N._a.ra 1 1 y.\\Q ��\ ,( , MC1133 FOUND ON ENN�WCFMAT - 20 ,byMek B.Owaag.Lrk Sameye end Nngneer. `�... No.\\ r G; i \ St-C.20-11T-23 A,/ d \ Navy Pude Cana. Nrry.IeYbenrnr. I `N.,.....-)... •••'t• � as _a.�w 4, 1 0 my N ..' w4 e J ORONO,MINNESOTA I .\ r w '( TIN PP a0NADYwO case held Mb SVILAS was approved ak•mwplsnl by M Q/Cored of Orme.Mtresea..r•regular • \/ 11' \ \ 4g� da \� McNn ,., YmmaMCm and the Tyet 20 GwWE OwI here velem *immerge Iy.op. ra 'r!�'' ,B a g ,y'A ' �'" —_— aan.me•e 20 by pram twalso.d Nha r•eYpt dNO mmwb end l.ema.rk+a.,N weeded by t/ P 4 .,,.,, I�!�- ; �.�1�.t; LlYnbemts9tseAN.ewmsesm ECIT C� crrYCOUNCIL apTNEClrraoRONo.twpNESCTA O�jf1.p'1 P <qNo \\\ •'� /� d 4,,\ G taw \ L •- I I \V 6% G .Cnnt :t 's / L5 .IC/'P OJ RESIDENT AND REAL ESTATE SERVICES,NQiEPN COUNTY,MWESOTA BLOC LINE OF LOLL • \PCC'' y uan.AWelep0 end pre yews lbw bean Prd foram described m bas Nat MIN Ha_boy&DCN 1.IFl,CN ADDITION 1 ��`, \ Mull(V.CIMPN,IENNEPN COUNTY AUDITOR \ \ 4 ' By Deny \ SURVEY DIVISION,HENNEPM ��Lj\\ .f-�\\ �<' %� f ,/_ \`.\`�\\ _r2,.r,1,_. Pntsont N Nl.STAT.Sec3839COUNTY, 64(NM Me NAAN.e.Nmaaaeeb_lean( 20_. �I� \ C t # ( 'C , +�`6 94 ,, CHRIS F.MANS,HENNEPN COUNTY SURVEYOR s��F\ q\\ II' , '\C �1.' [ 5e�` 'b e FT" 1a \ �(4'd�\ '•y . C\ C n 00 . COUNTY RECORDER,NENNEFN COUNTY.MINNESOTA \\A�/n \ S \,..) 0\� ."{c�.� hooey mawmRMwre,n prtaspulDYwoOo VILLAS wet rsoae.enthe aa.ea. byer 0...‹,„:\ iC� "Y \ G V\ :0 'o I 10_.•_adorEt .M. \ 0 V `T MARTN MSK COUNTY RECORDER C' \�0/\\ • \ P� m p:w r'a `^'is i Ry Drama OD\ T', \ \ :NZ. -- 2 \ O N -O\ \ —7 \ \. DETAIL -13 +N. NOT TO SCALE GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS I I/ Y% .04„.� •1aH beach Addition Excerpt' ` a / / ., / '• 4' /• ...); 4. ` �.. ; PC Exhibit B `�/' k'q, 3 • - *.:6 1 / r i 0 c."ve,�',4,� e�- 16-3881 Nbi, \, 3 \. envy ��,�/�•;. r0\ � Q '+,e's a / l I ...*, \''. /k• r, >›, / , . , ......, ,..„, 47 f.y.s,... %4( ..,...,:s. • ' 4 r. ti , ..off: \. #, i etV12, sCb/'\i< \s � ay d 1 $*a• ?ate • \ .1:10:147." 1..P•14° , 1 Baa w t " WET At ....\V -....„( y 1----- it---- '%a% 41P-w...\.\ fs) /.,.•-:4 1'4(f'. / / .__ \ / ±�'i�' /07 / i+ -� Date Application Received: 10/19/16 O�> Date Application Considered as Complete:11/04/16 . VO 60-Day Review Period Expires: 01/03/17 1. To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator ''rESHO�`� From: Melanie Curtis, Planner i'YIGG Date: 16 November 2016 Subject: #16-3882,Jon Ressler,3683 North Shore Dr,Variance Public Hearing Application Summary: The applicant is requesting a lake setback variance in order to construct an elevator dormer(or tower)within the 75 foot lake setback for the newly constructed home. Staff Recommendation: Planning Department Staff recommends approval of the variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey—proposal added by staff Exhibit D. Proposed Plans and Elevations Exhibit E. Applicable Code Sections Exhibit F. Property Owners List Exhibit G. Plat Map Background The applicant is proposing to add an elevator dormer to the home under construction.The location of the elevator dormer will be approximately 70 feet from the lake where a 75 foot setback is required. The dormer will result in a bump out upwards from the roof on the north east side, approximately 4 Y2 feet wide with a 6 1/2 foot wide roof.A lake setback variance is required. Variances were granted in 2015(Case#15-3767)for the new home,as virtually the entire home is within the 75' lake yard. The applicant would like to add an elevator at this time.The elevator dormer will be set back approximately 70 feet from the lake where a 75 foot setback is required. The other zoning requirements will be met. Applicable Regulations: Lake Setback Variance(Section 78-1279) The home under construction is 35 feet from the OHWL. The proposed elevator dormer is proposed as far from the lake as possible yet still accessible within the living space portion of the structure. 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 #16-3882 17 November 2016 Page 2 of 3 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 lake setback variances requested is consistent with the general intent of the Ordinance. The dormer will not encroach closer to the side lot line or the lake than the existing home,and will be conforming on the NE side.The variance is in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan.The variance resulting in a permit for a residential improvement to a single family home is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The applicant's request to make improvements to the existing home is reasonable. b. There are circumstances unique to the property not created by the landowner; Much of the applicant's property is encumbered by the 75-foot setback;the applicant's existing home is situated entirely within the required 75-foot lake setback;and c. The variance will not alter the essential character of the locality. The applicant's proposal is consistent with the additions approved in 2015 for the home. The proposed dormer is minimal and it is not proposed to extend more lakeward or further into the side setback areas than the existing home. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The applicant's property is unique in that there is a limited buildable area between CSAH 51,the frontage road,the 75'lake setback and side setbacks. The existing home is situated generally in line with the other 4 homes on this narrow piece of land between CSAH 51 and the Lake.The dormer addition is proposed within the existing home's footprint. 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The orientation of the applicant's property on the shallow lot on the lake,beneath a busy County road with a frontage access road is relatively unique. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant has stated that the proposed modification is necessary. #16-3882 17 November 2016 Page 3 of 3 7. The granting of the proposed variance will not in any way impair health,safety, comfort or morals,or in any other respect be contrary to the intent of this chapter.Staff believes this criteria to be met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The variance is necessary in order to allow for the elevator dormer within the nonconforming lake setback. 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 Consistent with the 2015 variance approvals,Staff continues to find that the location of the property,as it is tucked in below the County road and served by a private frontage road, combined with the 75-foot lake setback, has practical difficulties in the limited buildable area. In addition,the footprint of the existing home has nonconforming setbacks on three sides. The proposed dormer for the elevator is a minimal addition to the approved home in this location. The improvement,on the landward side of the home,will likely not be visibly intrusive from the lake. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of lake setback variance to permit the elevator dormer as proposed. PC Exhibit A City of Orono Variance Application Stree�Oi Y 2750leyParkwayApplication l to "3 �'02� O Orono,MN 55356 Date Received: /o -19-1 !o Main: 952-249-4800 1 Staff �y fax 952-249.4618 Fee 70 Melting Address: Escrow#S$ 1 P.O.Box 88 � G., Crystal Bay,MN 55323-0088 Permit Fee l7$ SHO�� ; 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.�r SITE LOCATION: I t: i(14 ' iZe.t_ ,� £ z m4' IV Q DESCRPTION OF REQUEST: 5"cI ILA. t4 a.,b,., e.- ,E'/se,�•f-•� /-e. ? (attached additional sheets as necessary) APPLICANT/AGENT INFORMATION: Applicant Name: oa,, 12a4.0& — Phone(Primary): ri/P.— Y6 — ff' 8''x'7 G/A— 74 - 6 /c( Applicant Email: ret lw joy�f� r,....1 • tis.... Address: 3 6 ri City: Ll nt, ZIP: S5-",3 3 / Applicant is: Contractor neo ne Circle One) PROPERTY OWNER INFORMATION: ..ck here if property owner Is same as applicant Name: Phone(Primary): Mailing Address: City: ZIP: Email: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all Information required or requested by the Planning Department, • Agree to pay additional fees(staff time not covered in the original fee payment)and/or consultant expenses incurred in review of this application,and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognise 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. • Acknowledge the Escrow Agreement Is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff.consultants,agents,Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner Is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. 6 Ls J d Applicant/Agent Signature: (flam- /�,t' S -..— Date: `o/i $/.? /i c Applicant/Agent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: RECEIVED Variance Application-May 2016 OCT 1 9 2016 Page 2 # 3882 CITY OF ORONO PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required cubmiial 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 vend 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 PRACTICAC 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 ail the relevant points listed below and answer them as clearly as possible. Si are requesting the code exception, you have the burden o f proving that the variance Is Justified. City receives is what is used in determining a denial or approval recommendation. If you leave something-out Itwill not be-considered. • . - Please address each of the twelve practical difficulties criteria as they relate to the request,if they do not apply, write N/A in the space provided: 1. 'The property owner proposes to use the property Ina reasonable manner not permitted by the Zoning Chapter.' Bemuse this home la Intended to atow:es to live In the home for the rest of our lives,It was brought to our attention that based on the floor plan,tte only way we could have elevator access to the third lead would he to mailer the roalline to aCContodMa the cab at the elevator/In,k aloe eledeed to the erne of usa to have a 1/2 ballroom to accomodate at the same time. 2. 'The plight of the landowner is due to circumstances unique to his property not created by the landowner.' there does not appear to have a negative Impact to neighbors or the spirt of the dty's ae,helm. 3. The variance,if granted,will not after the essential character of the locality.' 4. 'Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.' 5. `Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,Section 116.1.06,Subd.2,when in harmony with this Chapter.' It Is our desire to stow both bathroom and elevator/lift access to at floors of oar home,sod ohs eoorplan proved dMflalb In accomphshhhg that. 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 hind is located. RECEIVED OCT 19 2016 Variance Application May 2018 Pegs 4 CITY OF ORONO # 3882 7. 'The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-fanuly dwelling." 8. 'The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. `The conditions do not apply generally to other land or structures in the district in which said land is located.' 10. 'The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.' praatbg this variance would slow us to ensure the utiltylfeesabhhy of this home for many years,as It Is our Intention to live here for many years. 11. The granting of the proposed variance will not in any way Irmpair health,safety,comfort,morals,or in any other respect be contrary to the intent of the Zoning Code." thio project Is why endorsed by our neighbors,as function is difficult to accomplish without exception In our neghbarhood. 12. 'The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty? random OCCOUJI.O4InthINLOrn MOP to the third floor would also Plow us to accomodate aging retative hands as they ware to visit our home. Practical Difficulties int 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 fines (attach additional sheets if necessary): RECEIVED OCT 19 2016 ved face Application—May 2016 V CITY OF ORONO PC Exhibit C / . i. // Z et en W N `'' 6 2 N // el N EL EL f Y '' Oa BOUNDARY AND TOPOGRAPHIC SURVEY FOR/ 1-gx age fel • r4 'J JONATHAN RESSLER N0o LL '/C,' �f'dij \J '; OF LOT 5 CRYSTAL BEACH AND a o; vt 4y, ° j% PART OF ABANDONED Co. Rd. No 19 ego oma`` .>1.1 / HENNEPIN COUNTY, MINNESOTA w =° Co . 'I / m u iii �'0 G .yah ) Z W Z /S otic , . � 0 '' N \� � pt'i� / , 72: / / / 7 i9ofi J!' ,t'1�/ `tom - � s /. /// / K°?' ; X 4' ( )44'4' ate' / - �fQNR / - S / ../.' appoximate location /S,. \ - / '/ / (/�, T d size of the /A. / /t•,9•0�s 0 ' proposed elevator L. ,YY0j `-�.e j / ,Q� N/f 4F - .. / hah/tower. ,70 Nat 71 \ • /i d /(��pR / f I ®anwesieato3 S� :° . fi qys/ 37 537 0a3ao1 683 -� / /vaoros:o St rrfxt �' ,� (A) M1(E ._03271 8i/ p �/ / p>?si by/ 4 \c 4�/ 3 1 ftiw / • 003721 /00 ,'(4, / J/ / / mai / �`' / / OJ '� / m7u . / ! LEGAL DESCRIPTION OF PREMISES b 3 / v Lot 5 CRYSTAL BEACH;ALSO. / / �. 0, �> `_•." i. All that part of abandoned County State Aid Highway No. 51(shown i€ 'i / '1,,'�N ,pi ✓ `� as County Road in the pIN'Crystal Beaachh").which hes between the EeA / / (7 /. ' `e' / /� 7 northwesterly extensions of the northeasterly and southwesterly hoes �Z `+' J �\ �� ,, /' 7d _ `" of Lot 5"Crystal Beach"except that part of said Highway lying 7s \� �� • c]� / i' northwesterly of a line drawn parallel with and distant 50 feet i l i 5 / /- ; / "\ southeasterly of the present centerline of C.S.A.H.No.51 112 / ........ �-� / _ descnbed as follows-Commencing at the intersection of the i ".. / / centedhne of said County State Aid Highway No.51 and the South ,<,'.T / ' / hne of Section 8,Township 117,Range 23(said point also being the / � . / .,/i intersection with the centerline of C.SA H No.19)',thence run yg t ���� - / / / Northeasterly at an angle of 107 degrees 54 minutes with the north-south %fiy 3 / cenlarfxle of said C S.A H No 19 for a dustance o/111.4 feet. ........ / thence deflect left along a tangential curve having a radius 572.96 }K �� / / feet(delta angle 31 degrees 39 minutes)for a distance of 316 5 feet. terminating. 1 11 i 1 / % e/ /",.� thence tangent to said curve for a a distance of 344.7 feet and there . .. // / ,,„ / _._ , 7, ,, I . / . .... %/ /, / ��..y /', . 7.c % /, // • -denotes eon marker !■■ / / . / (932.5). denotes existing spot elevation,mean sea level datum / 5 777 / • denotes existing contour line t / / % Beanngs shown are based on an assumed datum ilk s / // / �L Ili 0 10 20 40 / % / This survey shows tee btu ndan es and topography of the exist ng r^.F.< ...- [_... ad and othc•• .�swgMM ill '- ehardcond thever t1ereon. doation of an s not purpo rt t tooshow any other mp ovement, m �� / // V,'" or encroachments. / xis M tl SCALE IN FEET / • ' �� ;iii 15-063A — _ .j • .. PC Exhibit D OM an • DISCLAIMER Ammo OF WARRANTIES AIM The plans Weikel herewith were mewed upon repeat by Perform whom not registered architects or professlonal — enginww and are for INFORMATION PURPOSES ONLY. The Design Team makes NO WARRANTIES - - WHATSOEVER EITHER EXPRESSED OR&PUm are to merchantability a filnew fa a parlialar purpwe and places arhy users)pl Ego shall the ralianw upon saki plans shall be I 111111. at the sole risk of the user(s). The selection of cared etrucWrol I materials and the application of — architectural pdndpds is a padre art, reWonewbky fa which f. ith - — the bowler.the oenw.a thereeuserw of Uwe pion. — -- 13� o Ixx XXXX 131= RA Pic co. 5 �i CD Iii A i gO. ar 0 LEFT ELEVATION 4 SACK ELEVATION SCALE: 1/8e ■ II SCALE: I/8e 3 11-01 EL 7 8,12 O '� W J p� �/ __ 4:12Z I2 _-- vO to &12 W ~ V '1111 ' II. 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When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Structure Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal,state or county highway and local public and private roads 30* Page 1 * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones.Structures and accessory facilities,except stairways,landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography,assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing,subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade,stairways, lifts,landings,lockboxes,flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord.No. 11 3rd series, § 1, 5-24-2004; Ord.No. 106 3rd series, § 28, 6-10-2013; Ord.No. 157 3rd series, § 1, 8-10-2015) Page 2 PC Exhibit F RUN DATE:11103/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:I 38 08-117-23 34 0006 38 17.117-23 21 0010 COUNTY OF HENNEPIN GAIL C ROGERS REV TR 38 ADDRESS UNASSIGNED 1610 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 COUNTY OF HENNEPIN GAIL ROGERS ATTN:REAL ESTATE MANAGER 1610 SHADYWOOD RD 701 4TH AVE S SUITE 400 WAYZATA MN 55391 MINNEAPOLIS MN 55415 38 08-117-23 34 0007 38 17-117-23 21 0011 ADAM LEHR&ASHLEY LIPNICK KRISTINA M ERICSON ET AL 3645 NORTH SHORE DR 3705 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ADAM LEHR KRISTINA M ERICSON 3645 NORTH SHORE DR 1610 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 34 0008 38 17-117-23 21 0012 MICHAEL D SHARRATT HANS DONALD ROSACKER C ETAL 3635 NORTH SHORE DR 1620 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 KATHERINE S KITT DON&KIM ROSACKER 5590 WOODSIDE LA 1620 SHADYWOOD RD EXCELSIOR MN 55331 WAYZATA MN 55391 38 08-117-23 34 0050 A&D HAGEN 3655 NORTH SHORE DR ORONO MN 55391 AL&DONNA HAGEN PO BOX 5 CRYSTAL BAY MN 55323 38 08-117-23 34 0051 JAMES R ZAHLER 3669 NORTH SHORE DR ORONO MN 55391 JAMES R ZAHLER 3669 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0052 MELISSA PLACHECKI 3675 NORTH SHORE DR ORONO MN 55391 MELISSA PLACHECKI 3675 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0053 J RESSLER/CHRISTINE RESSLER 3683 NORTH SHORE DR ORONO MN 55391 JON RESSLER CHRISTINE RESSLER 3683 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0054 FRANK PLACHECKI 3685 NORTH SHORE DR ORONO MN 55391 FRANK PLACHECKI 3685 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0061 HENNEPIN FORFEITED LAND 3700 NORTH SHORE DR ORONO MN 55391 COUNTY OF HENNEPIN ATTN:REAL ESTATE MANAGER 417 5TH STN SUITE 320 MINNEAPOLIS MN 55401 38 08-117-23340063 RECEIVED NANCY-L BLAIR 3768 NORTH SHORE DR ORONO MN 55391 NOV 4 4 2016 NANCY L BLAIR 3768 NORTH SHORE DR WAYZATA MN 55391 3882 CITY OF ORONO Hennepin County has developed electronic forms of Detain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED # 3882 NOV 04 ' CITY OF ORONO PC Exhibit G HHennepin County Locate & Notify Map Provided By Resident and Real Estate Services Date: 11/3/2016 am az fn a) 08-117-23-34 0) 0, lc __--- v.14 ... ,,, . f") ,.. Ni„„ A„..\ tro4/......... , , ; / . 44$440,,„,. ,,, xsi ,,1 ,, 411, , 08-117- • 1 RN I ,...)\.....„.„,----' If or hh. / J /JJ/ illETr 17-117- �_ (13) M+o (151 17-117-23-21 , 161 (m Buffer Size: 350 feet 0 60 120 240 ft Map Comments: I t i r i i i i I 0811723340053 RECEIVED J RESSLER/CHRISTINE RESSLER For more information contact: 3683 North Shore Drive Hennepin County GIS Office Orono,MN 55391 NOV 0 4 Z016 300 6th Street South Minneapolis,MN 55487 gis.info@hennepin.us CITY OF ORONO # 3 8 8 2 z Item#7 Date Appeal Received: 11/07/16 Date Application Considered as Complete:11/07/16 ��ONO To: ChairThiesse and Planning Commission Members Jessica Loftus, City Administrator y , G. 114-EsHov- From: Melanie Curtis, Planner i"Y1GG Date: 16 November 2016 Subject: Appeal Administrative Decision Jeff&Pia Schutt, 2750 Casco Point Road List of Exhibits Exhibit A. Appeal Application Exhibit B. Description Exhibit C. As-Built Survey Exhibit D. Letter:As-Built Review 10/25/16 Exhibit E. City Code Sections Exhibit F. Photos Background The applicants recently constructed a new residence at the property addressed 2750 Casco Point Road.The property is within the LR-1C zoning district requiring 10 foot side setbacks for principal structures. During the process of finaling out the permits,an as-built survey was submitted by the builder and reviewed by staff. Upon review it was evident that a pergola/arbor structure was constructed over a retaining wall very near the property line.A permit was not issued for this pergola/arbor structure, nor was it shown on the original site plan. Applicable regulation Section 78-96 Board established Subsection (a) is hereby amended to read as follows: (a) A zoning board of appeals and adjustments is established. The planning commission is constituted as the board of appeals and adjustments. The board shall have the following powers: (1) To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter. (2) To hear requests for variances in accordance with this chapter. (3) To exercise other functions as provided in this chapter. The appeal process provides an opportunity for an applicant to present facts and prove that the city official erred in applying the ordinance to the issue in question. #16-3884 21 November 2016 Page 2 of 2 Discussion The applicants have constructed a narrow pergola or arbor over the 11 foot long retaining wall less than 2 feet from the side lot line,and detached from the home. Because pergolas are not specifically defined in the Code staff reviewed the structure against the Accessory Structure and Nonencroachment standards. Accessory structures less than 750 square feet are addressed in the Nonencroachment provisions under Sections 78-1405(a)5 and 6 which state that no less than a 5 foot rear, and a 10 foot side setback shall be required for accessory structures. Alternatively, in an effort to find an appropriate regulation, because the pergola is linear,and similar in design to a fence,staff reviewed the fence standards within the Nonencroachment section.The pergola in the current location would need to be reduced to no greater than 6 feet in height(the maximum height of a fence)to meet the fence standards and remain in the current location. The applicants contend that Section 78-1405(a)1 is applicable. Staff notes that this section relates to building elements which are attached to the building,and are required to be at least 8 feet from the lot line(for this zoning district). The pergola is 2 feet from the property line. The Planning Commission must find that the arbor is consistent with those listed nonencroachments,and the provision that the 2 foot maximum extension does not apply. Action requested The Planning Commission should review the application and make a decision regarding the appeal. Exhibit A City of Orono Variance Application Street Address: Application# �� (�/�TOi2750 27 Kelley Parkwayb MN55356Date Received: 952-249-4800 Staff fax 952-249-4616 Fee: A Mailing Address: Escrow &$ P.O.Box 66 ���� �G~ Crystal Bay,MN 55323-0066 Permit Fee kBSHOIL 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: 1 So eco A-00A DESCRPTION OF REQUEST: Ste- 0...AltxtiAid (attached additional sheets as necessary) APPLICANT I AGENT INFORMATION: Applicant Name: ?Q f - pl.hr,( a s Ct 5C,14 J'I-I �t Phone(Primary): (co Ix) `15'6 -,1.7 05- Applicant SApplicant Email: PSc. h.r +4- wa.� cvr hair . Cm w1 Address: 2.7�"O f C- s c.o ori.+ a.O City: OV11A0 ZIP: 39 l Applicant is: Contractor 'omeowner (Circle One) PROPERTY OWNER INFORMATION: 12 check here if property owner is same as applicant Name: Phone(Primary): Mailing Address: City: ZIP: Email: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees(staff time not covered in the original fee payment)and/or consultant expenses incurred in review of this application,and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until It is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff,consultants,agents,Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: Applicant/Agent Signature: Date: Property Owner Signature: Date: h r b Property Owner Signature: .L Date: " Ld 1 7 I lb Variance Application-May 2016 Page 2 Exhibit B November 7,2016 RE: Request for Appeal of Administrative Decision 2750 Casco Point Road This request relates to an arbor/pergola structure that Jeff and Pia Schutt had installed on the edge of a patio on the north side of our newly built home. The City of Orono has not granted a certificate of occupancy for our home due to the decision of the staff to have this arbor structure fall under the fence standards in the code. The staff decision was explained as follows: "Based on our interpretation,the arbor/pergola doesn't meet the conditions in section (a)(1)which applies to features of a building extending no more than 2 feet into the setback. While the pergola isn't exactly a fence either,applying the fence standard makes the most sense because it is more similar to a fence than an accessory building, for example a shed.The setback requirement for an accessory structure is 10 feet from the property line; a fence can be on the property line but has a height limit(6 feet)." The structure we have along our patio is not meant to be a fence of any kind. It clearly does not serve the purpose that a fence does. It does not block any view nor does it keep anyone from coming or going in our yard. Our structure is meant for visual appeal only and enhances the side yard of our lot and our neighbor's both. It does not appear to us that the City of Orono Nonencroachment code addresses a structure of an ornamental nature like ours. While we are not experts on Orono City code by any means, not our builder,our landscaper or we as the homeowner were aware of any potential code violations for erecting an ornamental structure in the manner and location we did on top of the knee wall that was a part of the approved landscape plan. We also had no comments about it during any of the numerous inspections that took place until the final one. While the height of the current arbor is over 6 ft.,because the arbor is not a fence and does not act in any way like a fence,we ask that there be some leniency in the height requirement of-our structure as we don't appear to have exceeded the requirement materially. We have included pictures that show the arbor and how it enhances the landscape plan and the home. We request that the decision made to have this arbor removed or to lower the height to under 6 ft. be reversed. Thank you, Jeff and Pia Schutt 1----i ._ m Exhibit C .., /66' LA l L--1-- .... , j 4.<4 16 0 -.. : . ., s U CLI C4 . 155.89 CASCO 4,1>•\)" HEIGHTS S 59° 11 ' 25" E OCP 156.87 LEAs. ................---. .q I ......‘,-,-,:.......... (963.0) (963.9) 962' •... •.. '0. 0 4 (962.2) .,.. .--- _ •-•• '' . ,... —— 061.1) ',96, /id( 110111.11.1.411 mect, / 0 ----960 06-• *.-.. ,... 95 _ (962- -,,,?s , •.1.8) . 40 (9588) ...- `-' ,. '6 o . ‘4,C,• ---- .. • 9-\ •••••• ,,i • ,. - c.,o. 0 44 40,,Iiii;',./*-100.z•••.41:.."..-24, --',,k..) ot i . l'id §4li , \ •• !el. ) - yip q i's c:1 00.!. „,-;., AM.' L :rm. • ,-- . ° d, q c\-°6L-*;* 40iItnia?1 ii;.00 0s •6,' .•6 0,-i9.t:5'8.7.)A \ 39.0 Arbor: aO . C \5- - 958— _____ 16,4 -9 • ti P.) --- ,_, • -`-. o, . C.` from property line - '5. (957.7) CD 01 • co in . 00 . 0 R - q d3b- R , .... ,..,, \ • , .J\-..., ,.. 042:61 in \,0039) 0) l— ot 4- „-1-1\ •0 0 (C) ', ‘-s. , LC:cOd? ".• cr' \P) (0\ \ • s. o STOOP 'S\C) I 1...cP . \ C34>' ' • k''..$ ° c\I vc., • ^? . • .§:st ‘, Iv, _ . i i s_. \ ,q (:;, 0.,. 2 , \. 96 10.0 1 -S1 .,, e- '1SY'''.CI l „s, C.) 4 /-- N-,$) i‘Pcp„, 4-C-,i, Allips7"'''''''''' -''' "T'-• N. liicl 6.2‘fers' . — e, 4, • r / -,. in : ....? it, filt 2 1.3 th.d.i. • ix „bOrc- . 1 r*O: .‘:,:\''C'.4.1•:2i VS” - ___ tr) Gt•Y8ock„-_\* 0 '`.-sp.'' 7! 1,..9 / 0 CY)u,' • I S . • Lc:3 .............. , '-'....... ......v.. . ' 48.3 (959.1) 1/41;1 0 0C... \ 18" CANT / lci GP 0 In at k%t ......(,..5..° .'..... .1!.::4 04 t.0 . ...MV : AU. ‘,..C1 .0;.\ 0 .•' \ 958.4) , 1 e 5 N.-- •••• 4 , I ra i 1 lia) t to 0" c%1CL in 1 L'9a GI') el' 1 (958.6) (958.4) / S. I li It \-.. AIIIIIIIIIIIIMING" I &L.., ....... ...... ••00 c.....‘cc.).... i ...... \ ...5 . .' 195811 ............... k.9fS1• .' .-- 1.0 .••---.. 0, •-•-•-•.... •. --- .C.- .......... ......-.--•- o ................. 156.53wAs. 159.acitins........................................... 1- N 58°35' 00" W .,-. .,... .i...: ..: I (:::::,1 • r I, -La/ Cel)1/4 NoVili .r...,-, 4...s...> "(.......) ..., No ...: -okrelis • i b, I D, 1 (,, Exhibit D CITY OF ORONC yStreet Address: Mailing Address: Telephone(952)249-4600 11(. ..:14II°1\116.- 1.----- )i 1 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 41/CE Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us 41kESH04w 24 October 2016 Bruce Sether Charles Cudd LLC 15050 23rd Ave N Plymouth, MN 55447 RE: 2750 Casco Point Road Building Permit#2016-00069 An as-built survey was submitted and a site visit was conducted on October 21,2016. During the site visit our inspector observed an±18"tall seating wall with an arbor constructed above approximately 2 feet off the property line abutting the patio on the north side of the house.This arbor and wall combination appears to exceed 6 feet in height and is the location where the City approved a French drain to be located.As part of the building permit,only the patio was approved as constructed (within two feet of the property line in accordance with City Code Section 78-1405(3)). The arbor is not an allowed encroachment and must be removed. A copy of Code Section 78-1405 is enclosed. Please remove the arbor and call for a re-inspection. After the arbor has been removed,and the inspector confirms the removal,the as-built survey should be updated to reflect the removal and also verify the location of the French drain, if installed. At that point,a final certificate of occupancy can be issued and the$10,000 escrow can be refunded. Please contact me if you have any questions; I can be reached at 952.249.4962 or by email at mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORON ,(0. Melanie Curtis Planner c Jeff& Pia Schutt Bruce Sether,via email Dan Nunn-Charles Cudd,via email Todd Homers,via email enclosure City Code Section 78-1405 (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters,and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line. (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.1)Retaining walls, subject to the following provisions: a. Retaining walls may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. b. Retaining walls which do not exceed two feet in height above existing ground level, which are located within the property and at least five feet from any property line, and for which the amount of imported fill associated with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. c. Retaining walls exceeding two feet in height above existing ground level or for which the amount of imported fill associated with the structure exceeds 20 cubic yards or which are located less than five feet from a property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section,the following definitions shall apply: Page 2 Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. Drawing: Fence Height Measurement on Slo•ed Site --,,441111103 *ft a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level . 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. 1. Fences within the required street(rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. Page 3 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side"means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection,or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions.Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legal nonconforming as to location, height, design or other characteristics may be replaced in kind. (9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; Page 4 d. All signage proposed for the monuments must comply with section 78-1467; e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed,in conformance with section 78-1573 and at the discretion of the planning director. i. When a gate is proposed,the following requirements must be met: 1. The gate must open into the property not outward towards the right-of-way, and 2. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and 3. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and 4. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met(if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and 5. Gates must maintain an opacity level of no greater than 25 percent, and 6. For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access,and 7. On major thoroughfares the monuments and gates must be located 40 feet from the paved,traveled road to allow for vehicle stacking.A major thoroughfare for the purposes of this section means any county road or state highway. j. A building permit is required for installation.A survey must be submitted depicting where the monuments will be placed, and the property corner pins must be located for inspection purposes. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. DIVISION 3.-ACCESSORY BUILDINGS AND STRUCTURESIM Sec. 78-1433.-Height restrictions. No accessory building or structure in an R district shall exceed the height of the principal building, nor shall an accessory building or structure exceed 30 feet in height. (Code 1984, § 10.03(9)(B); Ord.No. 106 3rd series, § 23, 6-10-2013) Sec.78-1435.-Location. Page 5 Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. (Code 1984, § 10.03(9)(D); Ord.No. 52 3rd series, § 2, 11-24-2008; Ord.No. 106 3rd series, § 25, 6-10-2013) Sec.78-1436.-Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. (Code 1984, § 10.03(9)(E)) Sec.78-1438.-Crowding principal building. No accessory building, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory building. (Code 1984, § 10.03(12); Ord.No. 165 3rd series, § 1, 3-14-2016) Sec.78-1439.-Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. (Code 1984, § 10.03(13)) Sec. 78-1440.-Exterior materials. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger, an accessory building and the principal building shall be consistent in design and color.Detached garages located within the rear yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private road. Page 6 ExF I t - , , . ...- ,.., 44, , k° 0" "ill adlkIIIIIIMr ' ' 41•1 1 41 .4...' :14 ' • , . 'I 1 144011110.111111110, 41'4 ., ''• . -'54 )1, i ilk ,-iii•--Nzw' '. I I z - - , i y 1'."1)0, •iC" ,•1 k_, y' r, s 777 R i.•, ` �^ `.tib'#1 • a� ,{ - ail . * ..,L ,SI 0 tri•' ili - w 4siikily • ♦.—{•�'" - a ♦� - _ • • ii 1..IC a .r } _z 117,. • • �•...r.J� „%t. .- 11 ,moi. a > '.♦ .11r t ,n dM N -� vt ' { 11• 1 4:41... .-1#r 1 * 4r 1* . .410' Air er i ,r . (.0, , 4 , •1'14,..*.-: 'r--;;:. 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P' AO s iclii-\ • 4,4 1 . fik - ' ; � V ay4i, t t, 4 .0, iti e ���� r �� + , L 1, r 4''' I?* N47 w r.- t : 4.44‘ . 1 • ^ 1S 411 r /7 nIL Item#8 ��rVO To: Chair Thiese and Planning Commission Members Jessica Loftus,City Administrator 9� G ` t4kfSHoQ`t From: Jeremy Barnhart,Community Development Director Date: November 21,2016 Subject: #16-3878, City of Orono, Text Amendment:Emergency access docks Public Hearing Application Summary: The proposed ordinance amendment would allow overnight boat storage within an Emergency Dock. Staff Recommendation: Planning Department Staff requests Planning Commission recommendation of the ordinance amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance Background Applicable ordinance excerpts: Section 78-1: "County dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations." Section 78-302 (7) [permitted uses in the LR-1A zoning district]: County dock, when: a. Directly connected to Hennepin County Right-of-Way. b. No overnight boat storage is permitted. c. No canopy is installed. d. Approved by Lake Minnetonka Conservation District. e. Secured with a fence and gate. In April,the City Council adopted an ordinance that allowed docks controlled by Hennepin County to be a permitted use in the LR-1A zoning district. The purpose behind this ordinance, initiated by Hennepin County,was to facilitate the extraction of individuals(those injured and intoxicated)from the lake in a timely manner. The docks were defined as emergency docks,and certain conditions were placed, including a prohibition of overnight boat storage. In 2016, Hennepin County installed an operated a dock near the Arcola bridge. This site was chosen in part due to its proximity to Big Island. 4 FILE#16-3878 November 21,2016 Page 2 of 2 The Long Lake Fire Department has noted a need to store a boat on Lake Minnetonka to facilitate emergency response. The City Council has suggested an amendment to the ordinance be considered that would allow the Long Lake Fire Department to use a dock,and store its' boat there during the overnight hours. To do this,an amendment of the standards are necessary. The proposed ordinance only proposes elimination of the overnight storage requirement. The ordinance retains Hennepin County's role in the structure and its'use.This linkage reduces the likelihood that other docks would be installed throughout the city while sharing taxpayer resources. Hennepin County would need to support Long Lake Fire Departments request to store their boat on Hennepin County's dock. In the review of the site plan,factors such as parking,vehicle visibility,screening(for the boat) would need to be considered. Staff requests Planning Commission recommendation of ordinance as drafted. PC Exhibit A November 21,2016 ORDINANCE NO._,THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE PERTAINING TO COUNTY DOCKS IN THE LR-1A ZONING DISTRICT THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1 Definitions is hereby amended to read as follows: County Dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations. SECTION 2. Section 78-302 Permitted Uses (LR-1A)is hereby amended to add the following: Sec.78-302.-Permitted uses. (7)County Dock, when: a. directly connected to Hennepin County Right of Way. be. no canopy may be installed c d approved by Lake Minnetonka Conservation District. SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of ,2016 on a vote of ayes and_nays by the City Council of Orono, Minnesota. ATTEST: Diane Tiegs,City Clerk Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2016. 1 Item#10 To: Chair Thiesse and Planning Commission Members From: Jeremy Barnhart,Community Development Director Date: November 21, 2016 Subject: Planning Commission Liaison Schedules The following is a proposed schedule for Planning Commission member attendance at Council Meetings in 2017. The schedule reflects staffs goal to consolidate planning related items to the 1'`Council meeting of the month. Meeting Date Representative January 9 Kevin Landgraver 'res 9 a !y a March 13 Jon Schwingler May 8 Bruce Lemke July 10 John Thiesse ti if } ➢ q z.,; �" �,,, September 11 Chad Olson .�'s .a. a:..' IJ _a� November 13 Denise Leskinen a r •. y s �`; �x �' Planning Commission Action Requested Motion to approve the schedule for planning commission member attendance at Council Meetings in 2017. l• Item#8 ��rVO To: Chair Thiese and Planning Commission Members Jessica Loftus, City Administrator 4kEsHoiLt From: Jeremy Barnhart,Community Development Director Date: November 21,2016 • Subject: #16-3878,City of Orono, Text Amendment: Emergency access docks Public Hearing Application Summary: The proposed ordinance amendment would allow overnight boat storage within an Emergency Dock. _ Staff Recommendation: Planning Department Staff requests Planning Commission recommendation of the ordinance amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance Background Applicable ordinance excerpts: Section 78-1: "County dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations." Section 78-302 (7) [permitted uses in the LR-1A zoning district]: County dock,when: a. Directly connected to Hennepin County Right-of-Way. b. No overnight boat storage is permitted. c. No canopy is installed. d. Approved by Lake Minnetonka Conservation District. e. Secured with a fence and gate. In April,the City Council adopted an ordinance that allowed docks controlled by Hennepin County to be a permitted use in the LR-1A zoning district. The purpose behind this ordinance, initiated by Hennepin County,was to facilitate the extraction of individuals(those injured and intoxicated)from the lake in a timely manner. The docks were defined as emergency docks,and certain conditions were placed, including a prohibition of overnight boat storage. In 2016, Hennepin County installed an operated a dock near the Arcola bridge. This site was chosen in part due to its proximity to Big Island. FILE#16-3878 November 21,2016 Page 2 of 2 The Long Lake Fire Department has noted a need to store a boat on Lake Minnetonka to facilitate emergency response. The City Council has suggested an amendment to the ordinance be considered that would allow the Long Lake Fire Department to use a dock,and store its' boat there during the overnight hours. To do this,an amendment of the standards are necessary. The proposed ordinance only proposes elimination of the overnight storage requirement. The ordinance retains Hennepin County's role in the structure and its' use.This linkage reduces the likelihood that other docks would be installed throughout the city while sharing taxpayer resources. Hennepin County would need to support Long Lake Fire Departments request to store their boat on Hennepin County's dock. In the review of the site plan,factors such as parking,vehicle visibility,screening(for the boat) would need to be considered. Staff requests Planning Commission recommendation of ordinance as drafted. PC Exhibit A November 21,2016 ORDINANCE NO. ,THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE PERTAINING TO COUNTY DOCKS IN THE LR-1A ZONING DISTRICT THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1 Definitions is hereby amended to read as follows: County Dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations. SECTION 2. Section 78-302 Permitted Uses (LR-1A)is hereby amended to add the following: Sec.78-302.-Permitted uses. (7) County Dock, when: a. directly connected to Hennepin County Right of Way. be. no canopy may be installed c d approved by Lake Minnetonka Conservation District. SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of ,2016 on a vote of_ayes and_nays by the City Council of Orono, Minnesota. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan,Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2016. i Item#8 To: Chair Thiese and Planning Commission Members Jessica Loftus,City Administrator 441SHo0' From: Jeremy Barnhart,Community Development Director — Date: November 21,2016 Subject: #16-3878,City of Orono, Text Amendment: Emergency access docks Public Hearing Application Summary: The proposed ordinance amendment would allow overnight boat storage within an Emergency Dock. Staff Recommendation: Planning Department Staff requests Planning Commission recommendation of the ordinance amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance Background Applicable ordinance excerpts: Section 78-1: "County dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations." Section 78-302 (7) [permitted uses in the LR-1A zoning district]: County dock,when: a. Directly connected to Hennepin County Right-of-Way. b. No overnight boat storage is permitted. c. No canopy is installed. d. Approved by Lake Minnetonka Conservation District. e. Secured with a fence and gate. In April,the City Council adopted an ordinance that allowed docks controlled by Hennepin County to be a permitted use in the LR-1A zoning district. The purpose behind this ordinance, initiated by Hennepin County,was to facilitate the extraction of individuals(those injured and intoxicated)from the lake in a timely manner. The docks were defined as emergency docks,and certain conditions were placed, including a prohibition of overnight boat storage. In 2016, Hennepin County installed an operated a dock near the Arcola bridge. This site was chosen in part due to its proximity to Big Island. II , FILE#16-3878 November 21,2016 Page 2 of 2 The Long Lake Fire Department has noted a need to store a boat on Lake Minnetonka to facilitate emergency response. The City Council has suggested an amendment to the ordinance be considered that would allow the Long Lake Fire Department to use a dock,and store its' boat there during the overnight hours. To do this,an amendment of the standards are necessary. The proposed ordinance only proposes elimination of the overnight storage requirement. The ordinance retains Hennepin County's role in the structure and its'use.This linkage reduces the likelihood that other docks would be installed throughout the city while sharing taxpayer resources. Hennepin County would need to support Long Lake Fire Departments request to store their boat on Hennepin County's dock. In the review of the site plan,factors such as parking,vehicle visibility,screening(for the boat) would need to be considered. Staff requests Planning Commission recommendation of ordinance as drafted. PC Exhibit A November 21,2016 ORDINANCE NO. ,THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE PERTAINING TO COUNTY DOCKS IN THE LR-1A ZONING DISTRICT THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1 Definitions is hereby amended to read as follows: County Dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations. SECTION 2. Section 78-302 Permitted Uses(LR-1A)is hereby amended to add the following: Sec.78-302.-Permitted uses. (7)County Dock, when: a. directly connected to Hennepin County Right of Way. be. no canopy may be installed c d approved by Lake Minnetonka Conservation District. SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of ,2016 on a vote of_ayes and_nays by the City Council of Orono,Minnesota. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan,Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2016. Item#10 To: Chair Thiesse and Planning Commission Members From: Jeremy Barnhart,Community Development Director Date: November 21,2016 Subject: Planning Commission Liaison Schedules The following is a proposed schedule for Planning Commission member attendance at Council Meetings in 2017. The schedule reflects staffs goal to consolidate planning related items to the 1st Council meeting of the month. Meeting Date Representative January 9 Kevin Landgraver March 13 Jon Schwingler May 8 Bruce Lemke July 10 John Thiesse September 11 Chad Olson November 13 Denise Leskinen f � Planning Commission Action Requested Motion to approve the schedule for planning commission member attendance at Council Meetings in 2017.