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HomeMy WebLinkAbout1999 - 012041 - land alteration PERMIT CITY OF ORONO PERMIT TYPE: 2750 Kelley Parkway - P.O. Box 66 Permit Number: Crystal Bay, Minnesota 55323 i.Yk-2Q41 (612) 249-4600 Date Issued: SITE ADDRESS: wILDHORST HNe DESCRIPTION: (UNC YARDS User Permit fype LANO ALTERATION REMARKS: ( F.'PROVED PER CONDITIONS OF RESOLUTION #4,Iq7,4 FEE SUMMARY: 4.7z; Tota.1 Fee $7S00 CONTRACTOR: - OWNER: SO;)THVIEW DESTGN CONSCRU 145582a IVER GROVE HCS MN 15r:, 77 THt- UNDERSIGNED HEREUV REOUESTS PERMISSION TO MAKC THE REAL IMPROVEMENTS SPECIFIED AND ACREEP, CO DO ALL WORK IN SIRICT COMPLIANCE WITH ALL CITY OF IS Nil ORD.1 -4MND STATE OF MINNESOTA P;UILDING CCnE. REWIREMENTS Arar WOJIP '61,& K0769%17 A IC ITEE ATURE ISSUED BY:SIGNATURE Total Fee: $ `'c Date Received: Entered By: Permit#: '31t)-:1 CITY OF ORONO - BUILDING PERMIT APPLICATION All information must be submitted in full before plan review will be started. (please print all information) THE APPLICANT IS: (circle one) OWNERCONTRACTOR JOB SITE ADDRESS: 95' (-011_, 4 u QST ) r,_ ZIP: 573-3 6 V NAME OF OWNER: (Lf c_s;7"R,►;A- ?-E .C.IC PHONE: (home) (oId--4 `ho )(/ C, (w rk) / MAILING ADDRESS: j I b i ti� c J k CITY: 0j20 J v ZIP: SM---3�,`/ CONTRACTOR: u t. feu) si6, PHONE: 12S-7-LIST"e)-3 i CONTACT PERSON: I le re_.t- OBIL AGER: ‘.7c1- 6'3-l 6 67 MAILING ADDRESS:/CVs cc`,, Tr) ' S rl-CITY:-1 eg_ i1IP: S STATE LICENSE: # v ARCHITECT/ENGINEER: PHONE: MAILING ADDRESS: CITY: ZIP: NAME: REGISTRATION# TYPE OF WORK: New Addition Accessory Structure Move Remodel/Alteration Land Alteration—X— PRS POSED WORK(desc • in d'taiiA•• i 3 0 0 C.. S ��. _ , STORIES: SQ.FEET OF EACH FLOOR: NO. OF BEDROOMS: GARAGE STALLS: ATT. DET. ESTIMATED CONSTRUCTION VALUATION (excluding land): $ I hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance wi i the ordinances and codes of the City and with the State Building Code; that I understand .6,'"( is no a permit and work is not to start without a permit; and that the work will be in a �I ii , e approved plan. Ali,♦ APPLICANT'S SIGNA ' yei t„ a , `- DATE: /o t e/5 I m NOTE! Parade of Homes events 'qui e Sep, ate .ermit approval by Police Department and City Council 60 days prior to the eve . Non permitted events will not be allowed. Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subd. 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd.2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a)the purpose and intended use of the requested data within the collecting'state agency, political subdivision,or statewide system; (b)whether he may refuse or is legally required to supply the requested data;(c)any known consequence arising from his supplying or refusing to supply private or confidential data;and(d)the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data,pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority,an individual shall be informed whether he is the subject of stored data on individuals,and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and,*if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning,the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying,and compiling the copies. The responsible authority shall comply immediately, if possible,with any request made pursuant to this subdivision, or within five days of the date of the request,excluding Saturdays,Sundays and legal holidays,if immediate compliance is not possible. If he cannot comply with the request within that time,he shall so inform the individual,and may have an additional five days within which to comply with the request,excluding Saturdays, Sundays and legal holidays. Subd.4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right,an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a)correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual;or(b)notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd.2, "Rights of subjects of data", 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 M.S. 13.04 (available upon request) to review private data on yourself. 6. Your full name is required to process this application or permit. ot 0 114-/ -3 (Z-1)- , CO/0.5\1 First / Middle Last lY) s Cra' �( tad /6 ✓ j G1 Address k11 /- ' City State Zip Phone I underst.ed m :.:• -d above. AAIUN Signature go LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, June 9, 2004 Tonka Bay City Hall CALL TO ORDER Skramstad called the meeting to order at 7:01 p.m. ROLL CALL Members present: Tom Skramstad, Shorewood; Katy Van Hercke, Minnetonka; Jose Valdesuso, Excelsior; Paul Knudsen, Minnetrista; Doug Babcock, Tonka Bay; Ory Burma, Mound; Bert Foster, Deephaven; Debbie Halvorson, Orono; Pete Nelson, Victoria; Tom Scanlon, Spring Park; Tom Seuntjens, Minnetonka Beach; Herb Suerth, Woodland. Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: Bob Ambrose, Wayzata; Miles Canning, Greenwood. CHAIR ANNOUNCEMENTS, Chair Skramstad Skramstad stated that the annual Board Lake Inspection Tour was scheduled for Tuesday, 6/29/04. He asked Nybeck for further details. Nybeck stated that he was working with Al &Almas regarding the reservation of a charter boat. Departure location and time of departure are being finalized and will be forwarded to the Board in the near future. PUBLIC COMMENTS- Persons in attendance, subjects not on agenda (5 min.) There were no comments from the public on subjects not on the agenda. CONSENT AGENDA-Consent agenda items identified with a (*) will be approved in one motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. Burma moved, Seuntjens seconded to approve the consent agenda as submitted. Motion carried unanimously. Items so approved include: 1B, 2004 Multiple Dock Licenses, staff recommends the Board approve the 2004 renewal without change multiple dock license application for Minnetonka Edgewater Apartments, and 3B, Hennepin County Sheriff's Office Water Patrol Significant Activity Report. PUBLIC HEARINGS • Rita Zebeck, new multiple dock license application for seven Boat Storage Units (BSU's) on 466' of continuous shoreline at 998 Wildhurst Trail on Forest Lake. Skramstad opened the public hearing at 7:06 p.m and asked for background from Harper. Harper made the following comments: • Ms. Rita Zebeck has submitted a new multiple dock license application for seven BSU's at Lake Minnetonka Conservation District Regular Board Meeting June 9, 2004 Page 2 approximately 466' of 929.4' shoreline on Forest Lake. With a BSU density of 1:67', this site would be conforming to the 1:50' General Rule, • During the 2002 Lake Minnetonka Shoreline Inventory, staff observed more than four restricted watercraft being stored at this site. The dock installed in 2002 was also too long; however, it has been brought in so that it complies with the maximum length restriction at this site, 100'. In the meantime, staff has been working with the applicant on resolving the number of restricted watercraft that has been stored at this site. • Code Section 2.01, subd. 1 states that no person may locate, construct, install, or maintain a multiple dock on the shoreline of the Lake, or in the waters of the Lake, unless licensed by the Board to do so. Code Section 1.02, subd. 28 defines a multiple dock as any dock constructed or maintained for the storage of five or more restricted watercraft. Because the proposed dock would be used to store seven watercraft, Code requires a multiple dock license. • Code Section 2.01 prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of watercraft. The proposed site plan and storage of watercraft would be within the authorized dock use area for this site. • Staff has calculated structure and maneuvering space square footage to determine whether a mandatory Environmental Assessment Worksheet(EAW) needs to be conducted for the proposed site plan. He stated that a mandatory EAW was not required based on Environmental Quality Board rules. • In accordance with MN DNR General Permit 97-6098, the City of Orono and the MN DNR were provided a copy of the application on 5/26/04, with comments due by 6/7/04. The City of Orono has stated that the applicant would not need a permit if all the watercraft stored at the dock are owned and registered to the residents of the single family residential structure. No comments have been received from the MN DNR. • He recommended the Board approve the new multiple dock license application for the 2004 season. Additionally, he recommended that the Board approve a refund of$26.25 to the applicant for overpayment of fees. • He entertained questions or comments from the Board. Halvorson asked how long the dock was currently installed at? Harper stated that the dock was installed at slightly less than 100'. Foster asked if the dock was seasonal or permanent. Harper stated that the dock was a seasonal dock that is left in the lake 12 months a year. Foster stated that a number of slips were quite large, 32' to 40' in length. He asked if the applicant provided information on ownership of boats and the type of boats. Harper stated that a variety of watercraft have been stored at this dock based on inspections conducted in recent years. Some of the boats include larger cruiser boats, personal watercraft, and an unrestricted watercraft. Ms. Rita Zebeck, 998 Wildhurst Trail, addressed the ownership question raised by Foster. She provided a Lake Minnetonka Conservation District Regular Board Meeting June 9, 2004 Page 3 summary of the watercraft to be stored at the dock, adding that she and her husband owned them all. She stated that she had spent a great deal of money to bring this dock into compliance with the rules. Foster asked if the applicant had a deicing license for the dock. Harper stated that this site has had a deicing license the past two winters. Scanlon asked if the efforts made by staff were out of the ordinary to bring residential dock into compliance with Code. Nybeck stated that staff makes the effort to identify non-compliant docks during shoreline inventories conducted every two years. When docks are obviously not complying with Code, which was the case in this situation, staff works with the public to bring it into compliance voluntarily. He stated that this is a prime example where a dock installer installed an illegal dock and the Board might want to discuss whether it would make sense to license dock installers to hold them accountable for their work. Babcock asked Ms. Zebeck if she was comfortable with the restriction of the City of Orono that all of the watercraft be owned and registered to the residents of the site. Zebeck stated that she was comfortable with that restriction. Mr. Bob Wolf, 4450 Forest Lake Landing, stated that he was concerned about operations that take place during the winter rather than the summer. The seasonal dock is left in place 12 months a year and he expressed concern about the deicing activities occurring at this site. He was primarily concerned about how the deicing activity was creating safety concerns for the public because of open water outside of fencing. Foster stated that deicing that occurs during the winter has been a concern of the LMCD and there has been some discussion about not allowing deicing at residential seasonal docks that could be removed. He pointed out that deicing sites are required to maintain fencing that is lit that and is within the authorized dock use area for the site. He stated that he believed further review of the ordinance relating to deicing would take place yet this summer. He suggested that the Board could approve the multiple dock license application and place a condition on it that would prohibit deicing at this site. Nybeck commented on deicing at the Zebeck site this past winter. There were some problems originally at this site because the Zebecks were out of town and the dock installer was not adequately supervising the deicing activity. These problems included fencing, signage, and lighting. Staff communicated these concerns to the Zebecks and they were addressed and resolved through a subsequent inspection. He pointed out that this was one of the sites where staff has communicated to the Board the trend that deicing permits were being issued to larger seasonal that were not being removed, primarily because of economics. He suggested that the Board might want to focus its discussion on the multiple dock license application rather than deicing activity at this site. Babcock stated that he believed it was reasonable to have the new multiple dock license application comply with the existing deicing ordinance. If deicing occurs outside the authorized dock use area for this site, the applicant should be aware that this is a problem and that staff could turn off the bubbling equipment if Lake Minnetonka Conservation District Regular Board Meeting June 9, 2004 Page 4 needed. The primary concern he expressed was that fencing at a deicing site needed to be installed within the authorized dock use area. Nybeck stated that Babcock raised a valid point that fencing at deicing sites needs to be contained within authorized dock use areas. However, the vast majority of existing deicing sites do not comply with this requirement and the Board should address it when the ordinance is reviewed. Mr. Robert Eastman, 1359 Park Drive, stated that the neighbors were quiet and good neighbors. However, he questioned why there was a need for a dock to store seven BSU's at it. He stated that he believed four restricted watercraft at this site would be adequate. Skramstad stated that this site could store up to nine restricted watercraft based on the 1:50' General Rule. Zebeck stated that the boats to be stored at the site would be consistent with what has been done in recent years. There being no further comments, the public hearing was closed at 7:31 p.m. MOTION: Nelson moved, Foster seconded to approve the Zebeck new multiple dock license application for the 2004 season and refund $26.25 for overpayment of fees. Babcock stated that he would like a condition to ensure that this site was in compliance with the regulations pertaining to deicing, especially since it would have a multiple dock license if the motion were approved. Additionally, he stated that he would like a condition to ensure that all of the watercraft to be stored at this dock were owned and registered to the residents of this site. He recommended these as conditions on the approval of the multiple dock license and that future deicing violations could impact renewal of the multiple dock license. He recommended this as a friendly amendment. Nelson and Foster agreed to this. LeFevere stated that the friendly amendment relating to deicing could be considered to be appropriate as a condition on the multiple dock license because of subjective criteria. , Knudsen stated that he would be in favor of the deicing friendly amendment if the dock to be installed were permanent. Because the dock to be installed is seasonal and could be corrected if problems occur, he expressed concern about placing a restriction on the multiple dock license for deicing requirements. Skramstad stated that he supported the multiple dock license application as proposed without tying a restriction on deicing requirements to it. Seuntjens stated that he believed there was a process to address deicing violations separate from the multiple dock license process. MOTION: Seutjens moved, Knudsen seconded to remove the deicing condition from the original motion, as amended. VOTE: Ayes (8), Nayes (3; Babcock, Foster, and Nelson); motion carried. Lake Minnetonka Conservation District Regular Board Meeting June 9, 2004 Page 5 VOTE ON: Motion carried unanimously. ORIGINAL MOTION • Bayview Homeowners Association (HOA), new multiple dock license application submitted on 9/22/76 to back license 10 Boat Storage Units (BSU's) on a 100' wide outlot on Smithtown Bay. Skramstad opened the public hearing at 7:50 p.m. and asked for background from Nybeck Nybeck made the following comments: • In September 1976, Nicholas Palaia submitted an application for multiple dock and/or mooring license for Bayview Properties to dock 10 boats at the 100' wide outlot in the Bayview Homes Development on Smithtown Bay. The LMCD scheduled a public hearing for the 12/1/76 Regular Board Meeting; however, it was postponed at the request of the Village and no formal action was ever taken by the Board on the application submitted. • During the 2002 Lake Minnetonka Shoreline Inventory, staff observed more than four restricted watercraft being stored at a dock(s) from the 100' wide outlot in question. In March 2003, staff sent Bayview HOA a letter that summarized Code Section 2.02 and the number of restricted watercraft that could be stored at this site. A letter was received from Bayview HOA in April 2003 stating that the dock was grandfathered and that the issue had been resolved by the LMCD in the spring of 1995. LMCD records are not consistent with these statements made by Bayview HOA and an offer was made to meet with representatives on-site to review LMCD Code, to answer questions that they had, and to provide them options. • He stated that he met with representatives of Bayview HOA on 5/13/03. Two options provided included: 1) submittal and approval by the Board of a legal, non-conforming multiple dock license application, and 2) submittal and approval of a legal, non-conforming non multiple dock license application. It was communicated that they would need to demonstrate to the Board's satisfaction the number of restricted watercraft that were stored at the site prior to 5/3/78. He stated that it was his expectation that Bayview HOA would either submit an application for either one of these options or they would be adjusting boat storage to comply with the 1:50' General Rule. Neither occurred and six restricted watercraft were observed at this site on 6/19/03. A letter was sent out in September 2003 that continued non-compliance would not be tolerated in 2004 and beyond and that corrective steps would be taken to resolve the matter, including turning the matter over to the LMCD prosecuting attorney. • In a letter submitted by John Thomas on 3/8/04, he references the multiple dock and/or mooring license application submitted in 1976 for the outlot in question. Mr. Thomas has requested that the LMCD Board equitably resolve this situation through the discretionary use of its back license authority. After consulting with LMCD counsel Charlie LeFevere on this request, Nybeck stated that he deemed the 1976 application incomplete because a number of items on the application have changed in the past 28 years. Although Mr. Thomas did not submit a new application, he submitted a letter that provided the details that were being sought in a current application. The application was deemed complete on 4/26/04. • Code Section 2.01 prohibits the placement of docks and storage of watercraft outside an authorized dock use area. The dock length proposed in the 1976 site plan, approximately 85', would comply with 4 . , v4 MINNf T0+'f 9 • ©. • LAKE' MINNETONKA CONSERVATION DISTRICT 's*T .` 23505 SMI THTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 t. Gregory S.Nybeck,EXECUTIVE DIRECTOR BOARD MEMBERS January 12, 20,10 RECCE it Lisa Whalen,Chair Minnetrista Tom Tanner,Vice Chair JAN N 7 42010 Andrew McDermott III,Secretary Orono Mr. Ron Olson CITY Tom Scanlon,Treasurer L'FO Spring Park City of Orono RC (q Doug Babcock Post Office Box 66 Tonka Bay Peter Hartwich Orono, MN 55323 Excelsior Chris Jewett Minnetonka Dear Mr. Olson: Steve Johnson Mound Keith Kask The Lake Minnetonka Conservation District (LMCD) issued 32 de- Deephaven icing licenses for the 2009-2010 season on Lake Minnetonka. Dennis Klohs Minnetonka Beach Bill Olson Enclosed please find a copy of the cover letter, with attachments, Victoria Kelsey Page that was mailed to the license holders, along with an individual Herb Surtn d listing of those issued within your municipality. Woodland Dick Woodruff I am currentlyperformingthe annual inspections. Any Shorewood correspondence pertaining to a failed inspection will be forwarded to you. If you have any questions, please feel free to contact the LMCD office. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT 4 /./eg_ (14„___, Judd Harper Administrative Technician Enclosure is t4, 50%Recycled Content Web Page Address: http://www.lmcd.org 20%Post Consumer Waste E-mail Address: Imcd@lmcd.org M Ni- i'.. INNf r./++ v • ©` • _ _ • LAKE MINNETONKA CONSERVATION DISTRICT Cy S_YE TME LAKE �` 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 s4,p -- y'�� Gregory S.Nybeck,EXECUTIVE DIRECTOR �grt0s °‘4C December 9, 2009 BOARD MEMBERS Lisa Whalen,Chair «MrMrs» «F name» «L name» Minnetrista — — Tom Tanner,Vice Chair «Business» Wayzata «Mailing—Add» Andrew McDermott III,Secretary Orono «Mailing_City», «State» «Mailing_Zip» Tom Scanlon,Treasurer Spring Park Doug Babcock Dear «MrMrs» «L name»: Tonka Bay — Peter Hartwich Excelsior We are pleased to enclose your 2009-2010 deicing license. The Lake Chris Jewett Minnetonka Minnetonka Conservation District(LMCD) has approved your application Steve Johnson subject to compliance with all provisions of LMCD Code Section 2.09. Mound Keith Kask Deephaven It is your responsibility to properly maintain the deicing installation all Dennis Klohs Minnetonka Beach season. To ensure this, we highly recommend you review the enclosed Bill Olson LMCD Code prior to commencingdeicingactivity. Kelsey Page Greenwood The application fee provides for a basic inspection to verify compliance Suerth Woodland with LMCD Code. If this inspection reveals deficiencies in the installation, Dick Woodruff an additional inspection will be conducted. Any additional inspections required beyond the first two will be charged at $50 per inspection. If your insurance expires during the deicing season, you must submit documentation to the LMCD that you have renewed your insurance coverage for deicing. Failure to comply may result in the denial of future licenses. If you have any questions or concerns, feel free to contact our office at (952) 745-0789. Your cooperation in maintaining a safe deicing installation on Lake Minnetonka is greatly appreciated. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Judd J. Harper Administrative Technician Enclosures: License, Code Excerpt cc: Hennepin County Sheriff's Water Patrol, City of«Municipality» to 41, 50%Recycled Content Web Page Address: http://www.lmcd.org 20%Post Consumer Waste E-mail Address: Imcd@lmcd.org No. «LIC»-2009 0 a t` F. O4T 014 DE-ICING LICENSE «Site_Name» LAKE MINNETONKA CONSERVATION DISTRICT County of Hennepin, State of Minnesota WHEREAS, for property at, «Address», «Municipality» has paid the sum of «Application_Fee», plus late fees if applicable, to the Treasurer of the Lake Minnetonka Conservation District as required by the Ordinances of said District and has agreed to comply with all the requirements of applicable Ordinances necessary for obtaining this license; NOW, THEREFORE, By order of the Board of Directors of said District, the applicant is hereby permitted and authorized to operate de-icing equipment in agreement with the application on file with the District, subject to Code Section 2.09; excerpts of which are outlined below. The "Authorized De-icing Area" (ADA) is the area within the extended side site lines of the site and less than one hundred(100)feet beyond the end of the dock structure at the site; The area to be de-iced shall be enclosed by a snow fence or approved alternative four feet in height and a minimum of six reflectorized"Thin Ice"signs and at least one sign for every 50 feet around the perimeter of the fence. Fencing to enclose the area to be de-iced must be within the ADA; The area to be de-iced shall be no greater than is necessary to prevent damage to the installation and shall not extend nor affect areas beyond the ADA and shall be monitored on a daily basis; If open water or weakened ice occurs outside of the ADA, or if water is pumped by de-icing equipment onto the surface of the ice outside of the ADA, all de-icing equipment shall be turned off until sound ice is reestablished outside of the ADA and all open water or weakened ice is enclosed by the above described fence and signage. The licensee will maintain fencing and signs around all open water or weakened ice at all times. Fencing installed temporarily outside of the ADA shall be removed when sound ice is reestablished; The entire fence, the area enclosed by the fence and the area de-iced is lighted from one-half hour before sunset to one-half hour after sunrise. Those lights are to be directed so as to not affect adjoining dock use areas; During the periods prior to the generally accepted total Lake freeze over in the fall and following the beginning of the final thaw in the spring, the shoreline along the area deiced is fence with a semi opaque fence which is at least four feet in height and marked by reflective warning signs visible from 50 feet and installed every 50 feet along the shoreline. For the period of the 2009-2010 season and ending April 20, 2010 subject to all the conditions and provisions of said Ordinances and the following additional stipulations, if noted: «Stipulations» Approved by the Executive Director of the Lake Minnetonka Conservation District this 9th day of December 2009. Executive Director City- LMCD Deicing Licenses 2009-2010 1/12/2010 Site Name 1 F name L name Address Municipality Bays ;Browns Bay, LLC Todd Nelson 1444 Shoreline Drive Orono Browns 3e Mark Prueter Mark Prueter 3215 Crystal Bay Road Orono Crystal Ronald Zebeck Ronald Zebeck 998 Wildhurst Trail Orono Forest Lake Jeffery Engler Jeffery Engler 2760 Shadywood Road Orono Lafayette Sharon Wittmer Sharon Wittmer 2780 Shadywood Rd. Orono Lafayette North Shore Marina Rich Anderson 3222 N. Shore Dr. Orono Maxwell Wayzata Marine Dave Briggs 3324 North Shore Drive Orono Maxwell Sailors World, Inc. Gary DeSantis 1955 Shoreline Dr. Orono Smiths v " LEby fre4/1___ LAKE MINNETONKA CONSERVATION DISTRICT June 4, 2004 TO: Board of Directors FROM: Judd J. Harper, Administrative Technician SUBJECT: New Multiple Dock License—Rita Zebeck BACKGROUND Ms. Rita Zebeck has submitted a new multiple dock license application for Board consideration. The applicant is applying for seven Boat Storage Units (BSU's) off of approximately 466' of 929.4'shoreline on Forest Lake. With a BSU density of approximately 1:67', the Zebeck property would be a conforming multiple dock site. During the 2002 Lake Minnetonka Shoreline Inventory, LMCD staff observed more than four restricted watercraft being stored at a dock from the Zebeck residence. In March 2003, LMCD staff sent out a letter to the Zebecks summarizing Code Section 2.02 that defines the number of restricted watercraft that could be stored at this site and the need of a multiple dock license if the number is above four. Subsequently staff has been working with the applicant to assist them in submitting a multiple dock license application. The applicant is proposing a dock with seven BSU's detailed on the attached site plan and corresponding BSU size sheet. Pursuant to LMCD Code, the attached public hearing notice was published in the 5/25/04 edition of the Lakeshore Weekly News. DISCUSSION To evaluate the proposed application, staff believes three sections of the LMCD Code apply to it. They include: 1. Code Section 2.03, Subd. 1 states that no person may locate, construct, install or maintain a multiple dock or mooring area or a commercial dock or a launching ramp on the shoreline of the Lake, or in the waters of the Lake unless licensed by the Board to do so. 2. Code Section 1.02, Subd. 28, defines multiple dock or mooring area as any dock or mooring area constructed or maintained for the storage of five or more restricted watercraft. Because the proposed dock would be used to store five or more restricted watercraft, LMCD Code requires a multiple dock license. 3. Code Section 2.01, Subd. 1 prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of watercraft. An authorized dock use area is defined as "that area of the Lake which may be used for docks, moorings, boat storage, swimming floats, ski jump storage, diving towers, or which may be enclosed on three sides for any of these purposes". These three sides are further defined by dock length and side setback limitations. Staff has evaluated the proposed site plan and it complies with Code for the dock structure and storage of watercraft within the authorized dock use area. Staff has evaluated the proposed site plan to verify whether a mandatory Environmental Assessment Worksheet (EAW) would need to be prepared. Staff has determined a mandatory EAW does not need to be prepared for the proposed application because the Environmental Quality Board rules do not require a mandatory EAW until the cumulative expansion exceeds 20,000 square feet for structure and maneuvering space. In accordance with MN DNR General Permit 97-6098, the MN DNR and the City of Orono were provided copies of the new multiple dock license application on 5/26/04, with comments due by 6/7/04. To date, staff has not received ZEBECK PUBLIC HEARING MEMO, 614104, PAGE 2 comments back from the MN DNR. Staff had spoken to Mike Gaffron from the City of Orono. He had stated that the applicant would not need a City permit if all of the watercraft stored at the dock were owned and registered to the residents of the single family residential site. The applicant has told LMCD staff that all of the watercraft stored at the dock would be owned and registered to residents of the site. RECOMMENDATION Staff recommends approval of the Zebeck new multiple dock license application for the 2004 season. Additionally, staff recommends the Board approve a refund of$26.25 to the applicant for over payment of fees submitted. outroo NEW MULTIPLE DOCK, LAUNCHING RAMP, AND/OR MOORING LICENSE APPLICATION Lake Minnetonka Conservation District o 18338 Minnetonka Blvd. 44, 0NQ1` Deephaven, MN 55391 Phone(952) 745-0789 LMCD Receipt# /7105 Because this form is to be copied,please use black ink or type. Pursuant to LMCD Code Section 2.03,a new multiple dock license is requested,in accordance with all data and other information submitted herewith and made a part hereof The person completing this form is the authorized agent ot-operty owner circle one). Applicant: -r/9 J . Z€ teck Address: -1 t I k City, State, Zip: Vr)f)o V n S5 3 Co V Phone: QST- y-70-e))aLI Fax: 45-0-q-3°-5-5-- --7 Property owner(if different from applicant): Address: City, State, Zip: D ' Phone: Fax: MAY 1 Y 2004 PROPERTY LOCATION: By The property is located in the city of: Or-0 r j The property is riparian to LMCD bay/area(s): 1r-o•cCs-c Lae LMCD Area Identification Number(s): I g I. Classification of user per Section 2.11, Subd. 2 (please circle o•- • a) commercial marina d) transient _ private residence b)private club e) outlot association h) other(explain) c) municipal f) multiple dwelling 2. Type of dock constructsQn, describe and attach to-scale drawing: l�Od�. f7Ne-�pJ, 3. Please submit names and mailing addresses of owners within a 350-foot radius of the property. Such owners must be verified by checking with the Hennepin County Auditors Office, (612) 348-5910, (or a private abstract company) which can provide actual mailing labels at a cost of$1.25 per tax parcel (minimum of$25.00). This service usually takes two days, and you must have your tax parcel identification number(PIN)ready when calling for this assistance. Page 1 of 3 A New Multiple Dock License Application 4. Documents listed below are required; check that they are attached: C9focator Map ❑Scaled drawing of docks on abutting properties Gle ounty Plat Map OProposed facility site plan Eifertified Land Survey, Legal Description DExisting facility site plan Absence of significant data requested above could result in a processing delay. 5. All required pennits, licenses, and approvals have been obtained from the MN DNR and from the city in which the multiple dock,ramp, and/or mooring is located, copies attached? Yes Iv-No if no explain: i -r reci ► red by 0 r) -per- Irk Ga -o*\ 6. Check the parking requirements of the City if you provide the following services: Boat Storage Launching ramps Sales Service Boat Rentals Restaurant Other(explain) TOTAL 4/14 8. Restroom facilities provided: Yes No Indoor Outdoor portable(number)______ 9. Boat toilet pumping service provided? Yes No 4/in 10. Total square footage of dock area including maneuvering space= y6,9 t sq. ft. If 20,000-sq. ft. or over, an Environmental Assessment Worksheet(EAW)is required. 11. Boat Storage Units(BSU) computation: Lakeshore Frontage ty 6,a feet divided by 50= q.3 BSU's allowable under the one-boat-per-fifty-foot rule. If this number is less than the total BSU's applied for in the No. 12 below,an application for a Special Density License is required per Code Section 2.05. 12. Number of BSU's applied for: LOCATION USE Slips .S Rent,lease,etc. Slides Service work Lifts Company use Tie-ons a Private use Moorings Transient use Off Lake Rack Storage Other Other TOTAL BSU's 7 TOTAL BSU's '7 13. Watercraft Storage Unit(WSU) computation schedule: D ri flfj ` Page 2 of 3 LI MAY 1 1 2004 By CHECK OFF LIST FOR ISSUANCE OF PERMITS FOR OFFICE USE ONLY ADDRESS OR LEGAL: S 9 rt.sr PID: DESCRIPTION OF WORK: fVA.0 NG CLe •wJ NS w r►.ti ZONING REVIEW BY: }/(, C DATE APPROVED: /v . Z • BUILDING REVIEW BY: 0 Iv(0,4 DATE APPROVED: FEES TO BE CHARGED: G 12(' M sc.FF es Calculated By: PERMIT Yes c/ No PLAN REVIEW Yes No SEWER CONNECTION STATE SURCHARGE Yes No WATER CONNECTION INVESTIGATION FEE Yes No PARK FEE SAC Yes No SITEINSPECTION Number of SAC-Units OTHER (specify) ZONING CHECK LIST Zoning District: E R- ;6 Fire Department: y1Ms V w-0 Post Office: rw. �v.„p School District: .art 5 Tb Lot Area: Sq.ft. (.5:4 0 Acres t•S Width Depth Survey Submitted: Yes D& No Date of Survey: i3 -148 `5`I Proposed Setbacks: Front(Lake): Right Side: Rear(Street): Left Side: Adjacent Structures: Wetland: Building Height: Def. Hgt. Peak Hgt. Lot Coverage: • Grading: Staff Approval Date: 'C- 1(- 9 °i By: /0. Council Approval Date: t - - Septic: Staff Approval Date: /•./(✓•4 By: Zoning File: # 2 5 Z.. Resolution: # 41641 Resolution Date: l o'%U q S Shoreland District: l./4 5 Avg. Setback: I o'er(" Bluff Setback: Lot Coverage: — Existing Proposed Hardcover: 0-75' 75-250' "Z?•c. 2. 5-1 250-500' 500-1000' Hardcover Variance Required: Yes is No Date of Council Approval: 4 0-t 1 -c't REMARKS (in house): 7 BUILDING REVIEW CHECK LIST UBC: CONSTRUCTION TYPE: Sq Footage $Per Sq Ftg Basement x = 1st Floor x 2nd Floor x = Garage x = TOTAL Estimated Construction Value: $ Inspections Required: Work Requiring Separate Permits: Site Plumbing Fire Hardcover Removal Mechanical Water Connection Footing Septic Sewer Connection Framing Fireplace Lawn Irrigation Insulation (Masonry) Other Wall Board (Mfg.) Well(State Permit) Final Grading/Filling Electrical (State Permit) Other REMARKS(IN HOUSE): REVIEW BY OTHERS: DATE: Access: Existing New Access Approval: Date By: REMARKS (TO BE NOTED ON PERMIT): 8 HARDCOVER CALCULATION WORKS ET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' gXIST1NG HARDCOVER IN ZONE S.F. A. House x • = Lacgth Width x 1 t / 7 S.F. JQcTa'�»5 watt • 1 7 S S.F. r x / t /Zer2,n,r5 wCGL z = S.F. ' x . .= S.F. B. .Gge. t• ... C. Driveway As PP41%• / • ' x • • 13 _ — G�etirI 3 -' x z_ = P S.F. • D. Sidewalk x • _ S.F. . - - x .. .. . = ... S.F. E. Patio/Deck x = S.F. x = S.F. • F. Landscape .. x • = . S.F. Underlain x = S.F. By Plastic x = ' S.F. Or Fabric • G. Other co,vc.e•tc p,(1 , 3 x 3 = 9 S.F. TOTAL HARDCOVER IN ZONE - 2- 2- S.F. A TOTAL PROPERTY AREA IN ZONE - 9 00 S.F. B • .A Z y2- ÷ B `10O x100 = Z (,,9 vo PROPOSED HARDCOVER IN ZONE • = S.F. A. House x Lecgth • Width 1 t x 1 t. = l-7 S.F. ,Pc�`z,ni� W,gLL 7 + = S.F. IZc r ai,1,/,•‘.. 1,,,,14.6„. 5 + x C S.F. x = B. Garage ' . x = S.F. C. Driveway AVA/ArE1— iv-t- x iet = 1 -Ill S.F. 6-r?vr < 3 `- • x z ; = S.F. .• D. Sidewalk x S.F.S.F. x ' S.F. E. Patio/Deck x • _ S.F. x = • = S.F. F. Landscape x _ S.F. Underlain x = S.F. By Plastic x Or Fabric • .F. G. Other 2 co^.crc ti- P,//2,5 3 x z — l $ S 3 x — . r TOTAL HARDCOVER IN ZONE - _11.?.O 2 s.FS.F. E TOTAL PROPERTY AREA IN ZONE op x 100 2= q0 A / 5 Z ' ..B . . 1e HARD COVE . CULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE . A. House x _ S.F. Leagth Width ' Rerzrn/'lti 1,4,41..C.1,4,41..C. •2Zt x / 1-- = Z2 S.F. kerefili/i 17 x ! +_ = /7 S.F. y �'/�CL- x = S.F. • • B. •Garage. x . : __ S.F. C. Driveway x • - S.F. x . _ S.F. • D. Sidewalk i 2 t x 1 lc • _ . - 5— ' S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape / 4 f x • H t = S 7 S.F.. Underlain // x / f- = / 9 S.F. By Plastic x = • S.F. Or Fabric • G. Other x = S.F. TOTAL HARDCOVER IN ZONE - 1 140 S.F. A TOTAL PROPERTY AREA IN ZONE - 7 7, 1 3 S S.F. B • A / `'O ÷ B 2-7, 135 x100 •= .5 % PROPOSED HARDCOVER IN ZONE S.F. A. House x = Leagth Width a Ref 2 i/I//6- IN/ILI- / 0 t X / Z 0 / S.F. Rer_,'',J IN Z '/ 69 Kt x / r = (/ 11 S.F. _ x S.F. B. Garage • . x = S.F. C. Driveway x = S.F. • x = S.F. D. Sidewalk G x 1 l..• - S.F. S.F. S.F.= E. Patio/Deck x S.F. x = • _ S.F. F. Landscape x _ S.F. Underlain z S.F. By Plastic x = Or Fabric • G. Other x V _ S.F. TOTAL HARDCOVER IN ZONE - _ S.F. r TOTAL PROPERTY AREA IN ZONE •A - _ 13 S S.F. B 27 / 35 x100 . t3 . q _ / 1 � HARDCOVER CALCULAT WORKS :EA. SETBACK ZONE: (CIRCLE ONE) 0-75' 5-250 250-500' 500-1000' EXISTL IG HARDCOVER IN ZONE . t = S 5.0 S.F. A. House 90 t x `i Width / Length LI S.F. + X It = IJ • 12eT2/n/4y 1.4.4L(-- / 4- = 3 G S.F. lz - ?,n/n5 ,...,4_,(... 3 Y-- x = $ 0 S.F. I - IZC�_2//7.A5 L.../1--1-1-L.../1--1-1- JrU i^ x l t, �$ • � Ream/n5 wat.� `1 B. •Garage • SO; • x 2-s ; ._ • 1/2(2- S.F. • C. Driveway concrete W7t • . - SI7_-t _ g `l/ S.F. Co88LsToi II6t X = /7`51 S.F. tiSPN/?t-t JSOS (Z t 1 �73 D. Sidewalk '3 L : x 3 t i = 1 /R - S.F. Z ! = y S.F. • Z ci / 5-* = NGL S.F. E. Patio/Deckx 1 3 ± x 3 r = , z y S.F. F. Landscape 3 rl - x • 7 = _ i (0 7. S.F.. Underlain x = S.F. By Plastic x = • .S.F. Or Fabric • G. Other C vN ere f[ a, l/er 3 x 3 = cl S.F. TOTAL HARDCOVER IN ZONE - / O, Z9 9 S.F. A TOTAL PROPERTY AREA IN ZONE - 3 3 3 x 100 713(,/ S.F. B PROPOSED HARDCOVER IN ZONE t = -� S p S.F. A. House Cl o t x i o t Length •Width S.F. n U.4.._._ los: x / t = l G5 ��ra/.,/ s � ; r = 3 Z S.F. �rT ,.y/r:av ' 'I 3Z '— x I = -,S S.F. r IT R•r•y_.. „,-,,--,-.5 "Jla// 75- -r .- .. it .. .. .- 7S B. Garage soy • . x r'-1 I- 1 z G z S.F. • . x Z_Z .- = 3 y` S.F. C. Driveway 2 a = S.F. LI It: / ii -7 S.F. D. Sidewalk 3 `--/ = x _ • S.F. x -----7T--r- 's* yz '-1 -Z- 1/ x 1 iI • = S.F. E. Patio(Deck = 2___:_q_ S.F. Z / ± x = S.F. F. Landscapex = S.F. Underlain x __ S.F. By Plastic x Or Fabric __ S.F. G. Other x / r. TOTAL HARDCOVER IN ZONE - 3 7 3 3 S.F. b TOTAL PROPERTY AREA IN ZONE • - — T— q, A_ c)7/ G /3 -. ..B 3 ?i3GI xloo . = Zs' �. 1A