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Home My WebLink AboutRe: Variance Extension Iv 0 0 O 1 ,I .. CITY of ORONO \1.a a, r 114 � `if titi j Municipal Offices • .t j, �� ,"�'A, Street Address: Mailing Address: iliEago'¢ 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 7, 2003 Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 Re: Variance Extension Dear Mr. Puzak: I have reviewed with pertinent City staff your letter of February 17 requesting amendment of Resolution No. 4720, as well as your October 22 request for review by the City Council. Unfortunately, when Paul Weinberger left this was one of a number of items for which followup was delayed, and I apologize for the inconvenience. There are a number of issues potentially for discussion with the Council, including: 1. City's inability to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City forwarded to the City Attorney for filing. After obtaining Franklin's Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins' marital status. Greg Gappa subsequently sent a revised easement document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8, 2002,which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins'signatures were in black ink and could not be confirmed as original. 2. Construction of new septic system last fall. Last fall you had a contractor install a new septic system to serve your existing residence. City Inspector Matt Bolterman confirmed that your new system has design capacity for only a 3-bedroom home, and that you did not have room on the site to construct primary and alternate systems for a 5-bedroom home. 3. Variance expired November 13,2002. The variances granted to you on November 13,2001 expired on November 13, 2002 because no permit was obtained before the expiration date. The City notified you twice in writing of the expiration date(attached letters by Deputy Clerk Rachel Dodge dated January 29, 2002 and June 5, 2002) and the need to sign the resolution copies to validate them before building permits could be issued. You have never signed the resolutions. From my perspective, despite your ongoing discussions with Paul Weinberger, the variances have technically expired without action by you to sign them or obtain a building permit. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us Fred Puzak March 7,2003 Page 2 4. 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. 5. 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.4720 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 III subdivision as you correctly noted. 2) Baldur Park Road was originally platted in 1912 at a width of 30'. 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. Fred Puzak March 7,2003 Page 3 4) Development involving the creation of new building sites is normally subject to an 8%Park Dedication (8% of the land or equivalent in cash) as well as a Storm Water and Drainage Trunk Fee of$4,050 per acre in the %2 acre zoning district. Sewer Connection Charges on a per unit basis might also apply; however, it is likely no such charges would apply to replatting of Franklin's lots because he would be incurring the cost of extending the sewer to serve his properties. I hope this provides you with some long-awaited answers. Enclosed is a variance application packet for you to use in making your new request. The next deadline for applications to be submitted is Wednesday, March 19 at noon for review at the Planning Commission's April 14 meeting. City staff are available to meet with you to discuss any aspect of your project prior to the March 24 Council meeting. Please feel free to call me at 952-249-4600 if you have questions. Sincerely, ,..".,-\....S V.--••/)2),——--- Michael P. Gaf on Planning Director encl. cc: Greg Gappa, Public Services Director Lyle Oman, Building Official Wendy Bottenberg, City Planner Rachel Dodge, Deputy Clerk Mike Sharratt S2oO� Yflgk� EL0OL _ .4 /O _ 0 O \ e, I, ,',7 CITY of ORONO .'1- a'1 titi Municipal Offices g � Street Address: Mailing Address: �kE813� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 August 8, 2002 Mr. William Franklin 1730 New Brighton Blvd Minneapolis, MN 55413 RE: Baldur Park Easement Dear Mr. Franklin; In March of this year, you had signed and returned to the City an easement agreement for utility purposes across your property. This easement could not be recorded, at Hennepin County,because your marital status was not listed on the document.The City Attorney has provided a new easement form that he would like signed. This is a newer form that has been revised from the original form that you had signed. However, the intent of the document is still the same, to provide the City a permanent easement for the installation and maintenance of public utilities across your property. Pleas sign and return this easement document at your earliest possible convenience. Please contact me at 612-249-4621 should you have any questions regarding this easement. Thank you for your assistance in this matter. Sincerely; _.9).., el 9j(10 Gregory A. Gappa Director of Public Services Telephone(952)249-4600 • Fax(952)249-4616 www ci.orono.mn.us • HINSHAW & CULBERTSON BELLEVILLE,ILLINOIS PIPER JAFFRAY TOWER PHOENIX,ARIZONA CHAMPAIGN,ILLINOIS SUITE 3100 SAN FRANCISCO,CALIFORNIA CHICAGO,ILLINOIS 222 SOUTH NINTH STREET FT.LAUDERDALE,FLORIDA CRYSTAL LAKE,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 JACKSONVILLE,FLORIDA JOLIET,ILLINOIS -. MIAMI,FLORIDA LISLE,ILLINOIS 612.333.3434 TAMPA,FLORIDA PEORIA,ILLINOIS SCHERERVILLE,INDIANA ROCKFORD,ILLINOIS ST.LOUIS,MISSOURI SPRINGFIELD,ILLINOIS APPLETON,WISCONSIN WAUKEGAN,ILLINOIS TELEFAX:612.334.8888 MILWAUKEE,WISCONSIN April 9, 2002 WRITER'S DIRECT DIAL NO. FILE NO. 612-334-2516 754868 Gregory A. Gappa - , • Director of Public Services City of Orono Y ; P.O. Box 66 Crystal Bay, MN 55323-0066 Easements Dear Greg: Enclosed is an easement form that we prepared some time ago for the City of Orono. I am returning the Franklin easement. When individuals sign a real estate conveyancing document, it is necessary to designate their marital status (either single or husband and wife). This is necessary so that the document can be recorded. Would you like to redraft this easement on the prescribed form? If you want us to do so, we can. Please call. Very truly o rs, Rolfe A./Worden cc: Thomas J. Barrett, Esq. (w/enc.) HC26DS4/4715/26556307.v1 4/9/2002 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS . . 0 0 a j - lk-, C ITY of. ORONO N'S 1 q'',"11,;, 71 ,�ti Municipal Offices :__ . _.1 ,, 4 Street Address: Mailing Address: �CEgKO 2750 Kelley Parkway P.O. Bbx 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 February 10, 2003 Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 Mr. Puzak: Please find enclosed an application renew your variances. Also included in the application is the submittal list and deadlines for submittal. The next deadline is February 19, 2003. If you have any questions, please feel free to call at (952) 249-4600. Sincerely, 7.(t( t el(1 e/IX&-tr(—/C-66S,„, Wendy Bottenberg City Planner Encl. Telephone(952)2494600 • Fax(952)249-4616 www.ci.orono.mn.us CITY of ORONO i tip' h "/ Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 SECOND REQUEST June 5, 2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick &Julie: A resolution#4720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13,2001. The variance expires November 13,2002,it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution#4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us /i O O CITY of ORONO Municipal Offices Street Address: Mailing Address: $EggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 January 29, 2002 Frederick Puzak& Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: A resolution#4720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13, 2001. The variance expires November 13,2002,it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution#4720. If you have any questions, please call me at(952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us