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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, March 15, 2004 <br /> 6:00 o'clock p.m. <br /> (#12. #04-2995 BOB CARLSON,JYLAND HOMES, 1070 W. FERNDALE ROAD, LOT <br /> AREA AND WIDTH VARIANCES—Continued) <br /> Berg made a motion and Mabusth seconded Application #04-2995, Bob Carlson, Jyland <br /> Homes, 1070 W. Ferndale Road to approve the lot area and lot width variances to allow <br /> construction of a new residence on the property subject to the following conditions: <br /> 1. Applicant to provide a survey prior to issuance of building permit, that contains <br /> complete topography for the site to satisfy staff that wetlands will not likely be <br /> encroached. <br /> 2. Applicant to provide wetland delineation survey to verify no wetland <br /> encroachment and confirm the actual dry buildable area of the site. This should be <br /> required prior to footing inspection. <br /> 3. Prior to issuance of building permit, applicant shall provide evidence that legal <br /> combination of the three tax parcels and the vacated road has been completed. <br /> 4. Prior to issuance of building permit, applicant shall either provide a survey that <br /> reflects Nature Conservancy ownership of northerly portion of Lot 4 per Hennepin <br /> County plat maps, or shall provide suitable evidence of applicant ownership of that <br /> property. <br /> 5. Applicant shall protect the trees near the driveway during construction. <br /> 6. Applicant shall relocate all portions of the driveway, including that portion in the <br /> roadway to be vacated, to meet required wetland setback and/or MCWD buffer <br /> requirements, prior to issuance of Certificate of Occupancy for the new residence. <br /> VOTE: Ayes: 7 Nays: 0 <br /> 13. #04-2996 BOB CARLSON,JYLAND HOMES, 1070 W. FERNDALE ROAD, <br /> STREET VACATION (10:25-10:45 P.M.) <br /> The applicant, Bob Carlson, was present. <br /> Gaffron explained the applicant's request is to vacate the portion of right-of-way which was <br /> dedicated as public roadway on the plat of North Shore Cottage Acres Lake Minnetonka in 1902 <br /> (See Exhibit D). This right-of way is functionally a private driveway today, although in 1902 it <br /> served as an alley for dry-land access to Lots 4, 5 and 6 of North Shore Cottage Acres. Lots 4 <br /> and 5 have since been the subjects of subdivisions to create additional small parcels on each side <br /> of the alley. These small parcels were at some point in time acquired by a prior owner of Lot 4, <br /> and have become part of the 3-parcel grouping proposed for construction of a home at 1070 West <br /> Page 38 of 48 <br />