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Fred Puzak March 7, 2003 Page2 4. 5. Variance renewal packet mailed to you February 10. Wendy Bottenberg mailed you the variance renewal forms on February 10, as it is staffs conclusion that you need to file for renewal of the variances. New variance application required. Variance renewal applications are accepted with a reduced fee when there are no changes proposed. However, you apparently will be requesting to not have to connect to sewer, which is a change from the original approval. Therefore, your application will be considered as a new request rather than a simple renewal. I would assume that some of the Exhibits from your prior application will still be applicable; however, a I also assume that you will be providing a revised house plan, given that your septic system is capable of supporting only a three bedroom home, and the plans we have on file indicate a 5-bedroom home. Resolution No. 4 720 contains language indicating that certain conditions will trigger further review by the City Council, i.e.: a) if it is determined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with variance approvals. It appears that both conditions a) and b) have come to pass, since you can't connect to sewer absent an easement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Therefore, I will place your request on the City Council's March 24 meeting agenda. My recommendation to the Council will be that you be allowed to redesign the house to a 3-bedroom configuration, and that you be advised to make a new variance application for a revised house plan and connection to the existing 3-bedroom capacity septic system. As an alternative, to preserve your 5-bedroom design, you might again request that the City condemn an easement for sewer, however, this will undoubtedly slow things down. You had requested a copy of the City's file on the proposed development of the adjacent lots. No formal application for such development has been submitted to the City, and there is no known application pending. I have no file to forward to you. Regarding your 4 item request of June 20 as to platting requirements: 1) Replatting would be classified as a Class ill subdivision as you correctly noted. 2) Baldur Park Road was originally platted in 1912 at a width of30'. Neither the platted right- of-way nor the paved width of Baldur Park Road meet current City standards for public roads. The current standards are 50' right-of-way and 28' paved width for a local street that serves 3-10 dwelling units. 3) Lands abutting Lake Minnetonka above the 929 .4' OHWL contour line have historically been credited by Orono toward area requirements, except when such land is determined to be wetland. The City does recognize that portions of the area of the Flood Fringe (between 929.4' and 931.5') are occasionally inundated, and allowed uses within the Flood Fringe are limited by the City and other regulatory bodies. Wetlands would be subject to conservation easement dedication.