Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator

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1 Date Application Received: 09/21/16 Date Application Considered as Complete: 09/29/16 60-Day Review Period Expires: 11/28/16 Item 10 To: From: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planner mcc Date: 11 October 2016 Subject: # Nate Mitchell- Stonewood LLC; o/b/o Luke Beltnick Orono Ln Variances Public Hearing Application Summary: The applicant is requesting the following: 1. A side street setback variance in order to permit construction of a 76 square foot shed 19 feet from the side lot line where a 50-foot setback is required; 2. A 0-75 setback, and hardcover variances to permit rearrangement of the pool patio area within the 75-foot setback resulting in 444 square feet of hardcover where 743 square feet previously existed; and 3. A wetland setback variance to permit encroachment of a 30 foot wide portion of driveway 25 feet from the wetland where a 35-foot setback is required. Staff Recommendation: Planning Department Staff recommendations are outlined on page 5. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Application Practical Difficulties Documentation Form Proposed Survey/Site Plan Submitted Hardcover Calculations City Code Excerpts Aerial Photos Staff Neighbor Comments Property Owners List Plat Map Background The applicants are currently constructing a new home on the property. In the process they would like to rebuild an in-ground pool in the existing location however, would like to reorient the pool deck/patio. Portions of the patio are within the 75-foot setback requiring variances. They have proposed a driveway backup apron to be located within the 35-foot wetland setback requiring a setback variance to be 25 feet from the wetland. Additionally, a 76 square foot shed is proposed to be constructed within the 50 foot side street setback; a side street setback variance is required.

2 FILE # Oct 2016 Page 2 of 5 LOT ANALYSIS WORKSHEET Section , , , , & Setbacks: LR-1A Required Proposed Rear/Street 50 House +300 Side Street 50 House 54.3 Shed 19 East Side 30 House 30.2 Wetland 35 House 35 Driveway 25 Lakeshore 75 House 75 Pool Patio 58 The average lakeshore setback line is lakeward of the 75-foot Average Lakeshore line; all improvements comply with the average lakeshore setback. Section Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200 Actual 144,597 s.f. (3.3 acre) 75 / OHWL Section Structural Coverage: The property exceeds 1.99 acres in area; the structural coverage limits do not apply. Section and Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover District Tier Tier 1 144,597 s.f. 36,149 s.f. (25 %) Existing Hardcover 743 s.f. w/in 75 Proposed Hardcover 10,298 s.f. (7.12%) 444 s.f. w/in 75 Applicable Regulations: Side Street Setback Variance (Section ) The new home on the property is being constructed generally in the location of the previous home; the side street setback of the new home is 54 feet. The applicants are proposing to reconstruct the pool in-kind. They are proposing a small, 76 square foot shed to store pool essentials and pool equipment near the pool, within the 50 foot side street setback, 19 feet from the side street lot line. The existing white fence is being removed and replaced with vegetative screening. Wetland Setback Variance (Section ) The applicants initially proposed a driveway which met the required 35-foot wetland setback with the permit for the home. However, after reviewing the layout they are now requesting to enlarge the driveway to allow for a 10 x 20 backup apron-type bump out 10 feet into the wetland setback. The site is well below the 25% hardcover limitation.

3 FILE # Oct 2016 Page 3 of 5 Lake Setback & Hardcover Variance (Sections , , & ) The applicants are re-building the in-ground pool in the same location and footprint as the existing pool. They wish to reconfigure the pool deck/patio to reduce the hardcover within the 75-foot setback and make the patio more functional. Their changes result in a 299 square foot reduction of the hardcover within the 75-foot setback. Because they are proposing to change the footprint of the patio a hardcover and setback variance are required. Governing Regulation: Variance (Section ) 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 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. All of the proposed improvements are residential in nature, are minimal in scope, and do not conflict with the general intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The requested variances result in residential improvements which 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; it is reasonable to rearrange the pool patio within the lake yard to reduce the hardcover impact and make the patio more functional; it is reasonable and minimal to permit a small pool shed for the storage of pool chemicals, equipment, and accessories near the pool as well; the encroachment into the wetland setback is reasonable, and does not encroach into the required 25-foot MCWD buffer; b. There are circumstances unique to the property not created by the landowner; The 3.3 acre property contains a wetland which separates the dry buildable land at the lake from the remaining dry buildable land, limiting options for development. Further, the narrowness of the buildable area in the lake yard portion of the property and the floodplain elevations limit usability of the land; and c. The variance will not alter the essential character of the locality. The proposed variances result in a changed pool patio and driveway as well as a small shed for pool equipment within the street side yard. There is currently a fence along the street side yard which will be replaced with vegetative screening. The

4 FILE # Oct 2016 Page 4 of 5 character of the neighborhood should not be adversely impacted by the proposed variances. Additionally City Code 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 property is divided by a wetland which separates the dry buildable land at the lake from the remaining dry buildable land limiting options for development, creating a unique practical difficulty for the property. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. This is correct, the immediately adjacent properties do not have similar limitations. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owner indicates that they would like to make driveway and patio areas more functional while reducing overall impervious surface within setback areas. 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. The proposed variances will not impair the health, safety, comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The Applicants have indicated that they wish to minimize hardcover by reorienting and reducing the existing nonconforming hardcover within the lake setback; reorienting the driveway. The width of the lot, proximity to the lake, and presence of the wetland on the property make locating a conforming spot for the pool shed difficult. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that 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. The encroachment of the driveway into the wetland setback and the hardcover within the lake setback could be mitigated by incorporating native buffer plants into the drainage ditch/swale from the wetland to the lake; along the shoreline; and/or in the additional space between the driveway pavement and the wetland not within the buffer. Engineer Comments

5 FILE # Oct 2016 Page 5 of 5 The City s engineer will review the plans, if approved, prior to issuance of permit for the shed and revised permit plan including the hardcover changes. Public Comments Comments from the neighbors were received and are attached as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Commission Options for Consideration Staff recommends approval conditioned upon the mitigation measures as described below. The Planning Commission may consider the following alternative motions: 1. Approval of the variances as requested; or 2. Approval of one or more of the requested variances; or 3. Denial of the variances as requested. Staff recommends requiring native vegetation in appropriate areas in order to mitigate the additional hardcover within the buffer, and/or lake setback; and recommends requiring vegetative screening of the shed, if approved. Should the Planning Commission recommend denial of any of the requested variances please provide findings which support denial.

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23 PC Exhibit E City Code Excerpts Sec Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1A district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section (b) Lots. The following minimum requirements shall be observed: Lot Area (acre) Lot Width (feet) Front Yard (feet) Side Yard (feet) Side Yard Adjacent to Street (feet) Rear Yard (feet) Sec Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Structure Treatment Classification Unsewered Sewered System NE RD GD Tributary (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Page 1

24 Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for detached garages on lakeshore lots as regulated in section 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 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 nd series, 1(10.56(16)(C)), ; Ord. No. 11 3rd series, 1, ; Ord. No rd series, 28, ; Ord. No rd series, 1, ) Sec Water-oriented accessory structures. The only water-oriented accessory structures allowed to be located nearer the ordinary high water level than the normal structure setback as specified in this article shall be: (1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height; (2) One flagpole setback from side lot lines a distance no less than the required principal structure side yard setback for the zoning district; and (3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height. (Ord. No nd series, 1(10.56(16)(E)), ; Ord. No rd series, 27, ) Page 2

25 Sec Driveways, stairways, lifts and landings. (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1) (5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. Sec Hardcover limitations. Hardcover on all lots within the shoreland overlay district shall comply with the requirements of Article XIII: Stormwater Quality Overlay District. Sec Nonencroachments. (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. Page 3

26 (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 grade, 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 grade 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 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: 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 grade 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 Sloped Site Page 4

27 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 original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. 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 original grade. 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. 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 (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 original grade. 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 e. Fence construction and maintenance. Page 5

28 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; d. All signage proposed for the monuments must comply with section ; 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 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 (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 Page 6

29 (b) 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. 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. Sec Location. Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section (b), section (b) and section (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. Sec Wetland buffer areas and setbacks. (a) (b) (c) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD), which has rules and regulations for the establishment and maintenance of wetland buffers. In an effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of MCWD buffer regulations is in conflict with city regulations, the more restrictive requirements shall apply. In order to provide for a minimum level of wetland protection where Minnehaha Creek Watershed District buffer rules do not provide for adequate separation between wetlands and buildings or other structures or surfaces, the city shall require setbacks from the delineated edge of a protected wetland as follows: Minimum distance setback from delineated edge of wetland to any building (principal or accessory) or other structure, hardcover, septic systems or wells: Where no formal buffer exists and where MCWD does not require a buffer 35 feet Where a formal buffer exists or where MCWD buffer is required 35 feet or established buffer width plus 10 feet, whichever is greater Page 7

30 Areas within the required setback area subject to filling, grading or excavation as part of a construction project shall be revegetated immediately upon completion of such earthwork. Setbacks must be verified with wetland delineation information. The determination of whether a Level 1 delineation or Level 2 delineation is required shall be at the discretion of the planning director. Level 2 delineation information shall be provided on a certified certificate of survey. The requirement for delineation shall be applied in cases where the wetland exists within 150 feet of the proposed project. (d) The City of Orono has established wetland protection strategies in the Orono Surface Water Management Plan (SWMP) (January 2011). A protection classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The city has also established additional protection requirements for each classification. The four protection classifications are described as follows: Protection Classification Susceptibility Rating Description Additional Protection Requirements (B = Bounce = Change in water level due to runoff event) (P = Phosphorus) "Preserve" Highly Susceptible Highly susceptible to both quantity and quality impacts from runoff; have the highest degree of protection B: Maintain bounce at or below existing conditions P: Limit loadings to predevelopment loading (0.14 Lbs/Ac/Yr) "Manage 1" Moderately Susceptible Moderately susceptible to quantity and quality impacts; protection is less stringent than Preserve, provides protection to maintain their characteristics B: Maintain bounce at or below existing conditions plus 0.5 foot P: Limit loadings to predevelopment loadings times 2 (0.28 Lbs/Ac/Yr) "Manage 2" Slightly Susceptible Less stringent protection than Manage 1 wetlands; maintenance of characteristics is desirable B: Maintain bounce at or below existing conditions plus 1.0 foot P: Limit concentration to predevelopment concentrations (200 ppb) "Manage 3" Least Susceptible Wetlands are significantly degraded (e.g., cultivated or canary grass monotype) or lack of wetland characteristics; not typically impacted by runoff; no quantity and only limited quality treatment of runoff is required B: No quantity requirement P: Limit concentration to 225 ppb The protection classification for each wetland will be found on the "Wetland Management Classification Map & List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and Page 8

31 shall be available for public review during all normal office hours. The Minnehaha Creek Watershed District required buffer area widths are based on the four protection classifications. (Ord. No. 28 3rd series, 1, ; Ord. No rd series, 2, ) DIVISION 2. - GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY DISTRICT Sec Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. (Ord. No. 94 3rd series, 11, ) Sec Driveways, in general. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. Drawing 1 is included for illustrative purposes. Drawing 1: Minimum Driveway Standards Page 9

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33 Sec Shared driveways. Where one or more properties (referred to as secondary property) gain its driveway access from an adjacent property (a primary property) by virtue of a driveway easement, the following shall apply: (1) The portion of the shared driveway on the primary property that serves both primary and secondary property shall be considered hardcover for the primary property. (2) That portion of the driveway on the primary property that serves only secondary property shall not be considered hardcover for either primary or secondary property. Drawing 2 is included for illustrative purposes. Drawing 2: Driveway Easements Page 10

34 Sec Standard hardcover inclusions. Page 11

35 The following hardcover items shall be included in proposed hardcover calculations regardless of whether the noted features are proposed to be constructed at the time of a building permit application: (1) Proof of a two-car garage (detached or attached); (2) A driveway for all garages, a minimum of 12 feet in width, subject to the standards in section ; (3) A 24-inch wide sidewalk connecting the front door to the driveway; (4) The minimum stairway or landing at all exterior doors as required by the building code; and (5) Existing hardcover which encroaches (legally or illegally) onto an adjacent parcel or parcels. a. In such cases of encroachment, the square footage of all encroaching hardcover shall be added to the overall hardcover on the subject lot; b. No credit shall be given towards the overall lot size of the subject lot. (Ord. No. 94 3rd series, 11, ) Sec Standard hardcover exclusions. Landscaping with permeable lining shall not be considered hardcover. Additionally, the following hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit; (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner; a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot; b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls; (4) Handicapped ramps with a pervious surface below; and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one-fourth-inch spacing between boards and a pervious surface below the decking. (Ord. No. 94 3rd series, 11, ) Sec Massing standards. (1) Non-industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwater quality overlay district that have a gross acreage of less than two acres shall comply with the following massing standards for structures. a. Maximum total footprints allowed. 1. On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. 2. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 1,500 square feet. b. Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: 1. All roofed structures more than six feet above grade level. Page 12

36 2. Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than six feet above grade level (if any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). (2) Industrial zoning district. For parcels zoned industrial, the following massing standards for structures shall apply. a. On lots equal to or less than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 35 percent of the gross lot area. b. On lots greater than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 45 percent of the gross lot area; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent of the gross lot area will be permitted. (Ord. No. 94 3rd series, 11, ) Sec Variances. Variances to hardcover, if granted on lots within the stormwater quality overlay district, may be subject to mitigation measures deemed appropriate by the city council to offset the impacts generated by the proposed additional hardcover. (Ord. No. 94 3rd series, 11, ) Secs Reserved. Sec Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. (Ord. No. 94 3rd series, 11, ) Page 13

37 Previous home shown PC Exhibit F

38 View from the south, looking north Item #10 - PC Agenda - 10/17/2016

39 Facing east, toward Lake Item #10 - PC Agenda - 10/17/2016

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