HomeMy WebLinkAbout03-17-1986 Planning PacketPLANNING COMMISSION MEETIING
MONDAY, MARCH 17 , 1986 7 : 3 0 P, Me
1275 BROW ROAD SOUTH - COUNCIL CHAMBERS
COUNCIL REPRESENTATIVE - Tom Frahm
ATTENDANCE
SCHMUT PUBLIC HEARINGS
1. 7:30 P.M. #1010 Duane N. Hall
1860 Shadywood Road
Preliminary Subdivision
ACTION ITEMS
2. #1011 Excelsior Bay Yacht Club, Deering Island
Conditional Use Permit & Variance
3. #1012 Wayzata Country Club, 200 Wayzata Blvd.
Conditional Use Permit
4. #1013 Steve Katainen, 3850 Shoreline Drive
Commercial Site Plan Review
5. Zoning Amendment - Section 10.41, B-2 Lakeshore Business District
ADDITIONAL ITEMS
6, Planning Commission approval of February 18, 1986 Minutes.
7. Planning Commission to select a representative to attend the
April 21, 1986 Council Meeting,
0318111 '1 1:1
PUBLIC ATTENDANCE
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CITY OF ORONO MEETING DATE,e 7)
PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS.
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To:
From:
Date:
Planning Commission
Jeanne A.
March 11,
MabutS-h,
Zoning Administrator
Subject: Memo #1010 Duane N. Hall; 1860 Shadywood Rd.
Preliminary subdivision and variance
Zoning District- LR-lC
Total Area- 39,300 square feet
Total Width at Street- 143.35'
Total Width at Lakeshore- 139.80'
Application
a) Subdivision - lot line rearrangement to create new
building site - class III subdivision will require a plat
per Section 11.03 item 66 C (2 ) "subdivision involves a
flexible zoning application" (variances)
b) Variance
1)
lot area
2)
lot width
3)
accessary
and patio
4)
hardcover
List of Exhibits
structure setbacks if garage not relocated
not altered
Exhibit
A -
Application
Exhibit
B -
Property Owners List
Exhibit
C -
Plat Map
Exhibit
D -
Applicant's hardcover fact sheet and plan
Exhibit
E -
Gustafson Letter
Exhibit
F -
Taylor Letter
Exhibit
G
- Gaffron's Sketch
Exhibit
H
- Shadywood Plat
Exhibit
I
- 1958 Ordinance Amendment
Exhibit
J
- Applicant's addendum - received 3-12-86
Exhibit
K
- Preliminary Plan
Staff has been anticipating the filing of a subdivision
application of legally combined lots within a sewered area; lots
that cannot be divided without city approval because
independently each lot cannot satisfy 100% of the lot standards
of a given zoning district. At the time we revised our policy in
the condition of substandard sewered lots held in joint or
common ownership, itwas inevitable that owners of legally
combined lots that well exceed the area
single separate neighboring lots developed
approvals, would seek similar due process.
or width standards of
with multiple variance
Zoning File #1010
March 11, 1986
Page 2 of 7
In the Ericson appeal application, Council advised the
applicant that the separation of legally combined lots in the
City of Orono requires a subdivision review if the previously
divided parcels cannot meet a 1 1 lot standards of the current
zoning district. In addition, Ericson was advised that because
of the need for multiple variances such an application would be
denied. Mr. Hall has been advised of the city's position. The
applicant has reviewed the files of the recent variance
application that dealt with the variances granted to lots owned
in common and reviewed as single separate lots. One of these
applications involved a neighboring property. The applicant has
filed the application because he feels his specific case is
unique requiring special consideration. Staff has continued to
advise the applicant of the citys longstanding postion on
subdivision applications requiring multiple variances, specif ly,
those seeking area variances.
Review of Proposed Division
The applicant purchased the subject property in 1979. Lot
28 and part of lot 27 are part of the Shadywood plat, created
approximately in 1903. (see exhibit H) Staff has been able to
review the ownership of the property with the Registrar of Titles
Office. The earlist record of the property in its present
configuration appears in 1952. The clerk was unable to tell me
the date of the division of lot 27 nor of the date of the legal
combination. The house was built in 1955. The zoning district
at that time was residental but there were no defined lot
standards for the district merely approved uses.
The
property has been
assessed
1 water unit and 1 sewer unit
(1 plant
charge and lineal
footage
charge.)
Review of Variance
1 - Lot A
Lot Area
required
proposed
variance
Lot width
required
proposed
variance
= 21,780 square feet
= 20,850 square feet
= 930 square feet or 4.2%
100'
= 70.5'
29.5 or 29.5%
Zoning File #1010
March 11, 1986
Page 3 of 7
2 - Lot B
Lot Area
required
proposed
variance
Lot width
= 21,780
= ]_8,450
= 3,330
square
square
square
feet
f eet
feet or $
required =- 100'
proposed = 65.5'
variance - 34.51 or 3 4.5 %
3 - Setback for accessary structure
The city would never approved a division line that
intersected a structure. The detached garage must be relocated
on lot A. Per section 10.03 subdivision 15 (C) the patio must be
trimmed back to provide the required 2 feet setback from the
proposed dividing line.
4 - Hardcover
The applicant claims that he has no hardcover concerns.
Please review exhibit D. In a pre 1 imary review of the hardcover
facts, I noted hardcover excejses within proposed lots. In order
to discourage any question of accuracy of interpretation of the
hardcover facts, I have asked our expert, Mike Gaffron, to
complete the final hardcover review. The findings are as
follows:
ITEN 1
From airphoto, lake is also 175' westerly of southwest lot
corner, hence a l l area behind the east 0 -7 5' is in the 7 5-
250' zone as normally calculated.
Lot Area 75-250=23,800 + 5300 = 29,100 square feet
29,100 x .25 = 7275 square feet hardcover allowed on
existing lot.
Existing 0-75' = 0 square feet = 0%
Existing 75-250' = 2550 + 39 + 353 + 825 + 1050 + 615 =
5432 square feet = 18.7% existing 75-250'.
Proposed Lot "A" -
Assumptions:
1) Existing detached garage will be relocated to become a
"conforming" structure meeting 10' side and street setbacks
(per code amendment proposed). The City can not consider
allowing lot line through the garage.
Zoning File #1010
March 11, 1.986
Page 4 of 7
:? ) Patio will be shortened so that it extends only to 2'
from new lot line, so it is conforming.
Lot A 0-75' = 0 square feet = 0% (area = 5290 square feet
75-2501: area = 20,850 - 5290 = 15,560
15,560 x .25 = 3890 square feet allowed in 75 - 250'
Under proposal with assumptions 1 and 2
75 - 250' Hardcover would be:
2550 + 39 + (353-2.94) + 825 + 615 + 530
HS STPS PATIO DWAY GAR DWAY
11.5x46
= 4718 square feet 4718/15560 = 30.3%
Lot B 0-75' = 65.5 x 75 = 4910 square feet; 0% hardcover
75-250 = 18,450 - 4910 = 13,540 square feet
25% of 13,540 = 3385 square feet allowed
Proposed House = 2400 square feet
Driveway = l0x120 = 1200 square feet
Presume Double garage - needs an extra 10' width
for first 30' =+ 300 square feet.
Presume
2400
1% =
+ 1200
15xl5 backup apron = 225 square feet
+ 300 + 225 = 4125 4125/13450= 30.7%
135 square feet
The applicant makes reference to a permeable driveway. The
City has yet to reconcile this question. In the Johnstone
review, a substandard lot was issued a lot area and width
variance subject to a driveway building constructed on "porous
pavement". The future owner came back months later claiming
porous pavement does not work in climates with extreme cold
temperature alv-o noting problems with maintenance. Council
granted variance to install on impervious surfaced drive with
turnaround. Staff will continue to recommend turnarounds on
heavily trafficked roads like Shadywood.
Review of Shadywood Plat - Development Pattern
Plat created in 1903 with a total of 41 lots. 32 defined
residential units exist today of the original 41 lots. original
Lots measure 50' to 100' in lot width. Original lot areas range
from 7,000 square feet to 26,000 square feet. Zoning or platting
codes did not exist in the City in 1903. Zoning districts were
established for the first time in 1950 but without lot standards.
In 1958, -he City amended Ordinar. ce 7, the City's first
subdivis;on ordinance approved in 1955, requiring "relatively
large lots to minimize septic problems and in areas where there
was exiting development of lots less than 25,000 square feet in
area, all new lots were to be not less than 25,000 square feet
Zoning File #1010
March 11, 1986
Page 5 of 7
in area nor less than 120 feet in width at the building line.
(exhi.b= t 1). The house on the subject property was built in
1955. It was between the mid and late 50's that the City
developed review policies to control densities. Finally, in
1959, '.'--he City adopted a minimum lot size ordinance requiring
approval by the City before a building permit. could be issued for
any lot less than 1 acre in area and 140 at the building line,
The Pattern of Development is as follows:
a) lot widths
50'-59' 60'-79'
5orl6% 16or50$
80'-99'
lor3%
100'-150'
10or3l%
10 of the 32 units sati s t y current lot width
of the 32 units would satisfy the 80% standard.
units ranked at the 10 0' -15 0' widths are legally
the same as the subject property.
b) lot area
7, 000-10, 0 0 0 s f
8 or 25%
18, 000-22, ►00sf
4 or 12%
10, 000-18, 000sf
14 or 44%
22, 001-40, 000sf
6 or 19%
standards. 11
9 of the 10
combined lots
31% or 10 units satisfy the 80% area standards a 1 1 six of
the units that rank at the 22-40,000sf contain 34,000sf to
40, 000sf in area and are a 1 1 legally combined as is the subject
property.
The two immediate neighbor, to the south of the subject
property have submitted letters in opposition to the proposal
(exhibits E & F). The Gustaf sons own one of the six units that
contain over 35,000sf in area with a total of 150 feet of lot
width. ( lots 29 & 30) Staff has recieved no written comments in
support of the Hall application.
An inspection of the property reveals a low area within lot
28 that may be a drainageway or collection area for a small
watershed. The area is not designated on the of f ica 1 maps as a
wetland. Elevations may be required.
Planning Commission members should
support material submitted by staff
additional information is necessary to
please prior to meeting.
Issues for Consideration
review the findings and
and advise staff if
assist in this review -
1 - will
the applicant be
deprived of a "resonable
use" of
his property
if
denied the additional
residental unit?
Can you
Zoning File #1010
March 11, 1986
Page 6 of 7
make findings that would (-,lot) support that applicant has enjoyed
a reasonable use of his property under the current ordinance.
2 - Are there unique findings that can be made involving
this property?
Review the pattern of development within Shadywood plat
3 - Will the creation of a new residential unit alter the
essentai 1 character of the neighborhood? Only 18 of the 41 lots
ar : developed as originally designed. 14 residenta 1 units were
increased in size by either combinations with adjacent lots or
lot line divisions and combinations.
It would appear since the plat was created that there has
been a tendency to realign lot lines or combine to make lots
bigger.
If the city grants variances to this applicant, five other
property owners within the Shadywood plat may ask for similar
division/variances. If this application is approved, the review
precedent is established. How can you deny the other five
owners? Is rezoning reseaonable?
The city addressed the Rezoning issue in our common
ownership discussion of three years ago. Based on the
environmental/laKeshore protection concerns coupled with need to
control density the city has net considered rezoning to higher
densities.
Applicant should be given ample time to present his claim as
to why his case is unique from any other landowner of similar
property.
Staff Recomendation
To
deny
the proposed
division
by Duane
Hall
based on the
f o l l owing
1 - Multiple variances sought
and multiple variance sought
findings:
are excessive.
2 - Establish negative precedent in the review of simlar
variance- - 6 potential residential units would be added
to an already congested neighborhood.
3 -
Original plat was divided prior
to city wide
and zoning
ordinance - existing
unit
satisfies
code.
4 -
Applicant has not
submitted
supportive
findings
that would demonstrate
acceptable
hardsniPse
platting
current
facts or
Zoning File #1010
March 11, 1986
Page 7 of 7
5 -
The
applicant
has enjoyed reasonable
property
under
the current
ordinance.
use of his
'CITY OF ORONO
Date Rec' d
By
Fee Rec' d -o�/QD. O d
SUBDIVISION APPLICATION FORM
APPLICANT Name A N 6 Me A L tat Telephone - • Z
Mailing Address (F(DO SHA-0%AA16G-D
PROPERTY Name SANG Telephone aka
OWNER
Mailing Address
(Attach list if more than one)
------ -------------------------------- ------------------------------------
PROPERTY LO('.ATION
Street Address to* `o SHAD9 wooud W NY 2AT04, U44
Property Identification No. tP-I.D.)I? 17mlll.23 ZI (ao
Complete Legal Description to be attached to application
------------------------------------------------------- --- --• ----
EXISTING LAND USE
- - - `��.
Number of Tax Parcels
Development Size Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Present Use (check) Residential; no. of units
Other (specif-• )
Present Zoning District L moG
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - w �... - - - - - - - - - - - - - - - - - - - -• - - - - - - - - -
PROPOSAL Division for Tax Purposes
Lot Line Rearrangement Only (M new building sites)
Subdivision for New Building Sites
Number of Building Sites:
Proposed Gross Density
Minimum Lot Size:
Proposed Use: (check)
Existing Units
New Units
Total Units
Units per1,40
*10 Acres
Square Feet Dry Buildable
Land
Residential
Other (specify)
------------------------------------- --------------------------------------
(OVER)
..MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Application Completed
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property owner's list of owners within 350' ( this list can be
obtained from the Hennepin County Department of Finance A-603 Government
Center 348-3271)
4. Stamped, legal sized envelopes (# 10) pre -addressed to each of the names on tine
above list with no return address.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Officials Signature Date
ft..--------------------------- - - - - - - - - - - - - - - - -----
MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION
1.
2.
3.
5.
Payment of tees (park fees, filing fee, sewer and water assessments)
Signed certificate of
Title opinion.
Easements, Covenants,
survey or mylar copies of
etc.
formal plat.
1 No
Developers Agreement and acceptable form of security.
Certification
by
Zoning Department
that Final Plat Application is complete.
Zoning
Officials
Signature
Date
----------------------------------------------------------------------------
FEES
Sketch Plan Review (Class I, II & III)
Preliminar Review (Class I & II Subdivisions)
k V Aft t &lc IF
Preliminary Review
(Class III and all non-residential)
$150.00
$250.00I C&. *6
$300.00 plus
20.00/lut
_ Final
Plat
Review
(Class III ) $150.00*
*(Plus
---------------------------------------------------------------------------
any
legal
or engineering cr.arges)
Applicant has read the above and hereby agrees to provide all information required
or requested by the Zoning Administrator, City Engineer, C1.ty Attorney, Planning
Commission. and Council necessary to process this application and further agrees
to pay all additional Fees established by ordinance.
ApplicantLk
's 46(.
PP s Signature / Date
Owner's Signature Date
Applicant must have all su:imittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are usually held on
the third Monday of each month.
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c�� 7, 1986
The Pl":nning
City of Orono
Box 66
Crystal Bay,
Gentlemen:
Commission
i�iinn. 55323
Thank you for the notice regarding the Public Hearing to
be held March 17, 1986 regarding Duane Hall's application
for a proposed residential subdivision requiring variances
located at 1860 Shadywood Rd.
We own the second house South of Duane Hall's on lots
29 and 30. We also own eight tracts of property across
County Rd. 19 West of our home. This includes all the
property along County Rd. 19 from the Glenn Tillotson
properVty to the Coffee bridge.
We are well aware of 1%1r. Hall's property and the adjoin-
ing properties and we strongly feel that Mr. Hall's pro-
posal is not in the best interests of the neighborhood,
the general area or our beautiful Lake Minnetonka, Crystal
Bay and Shadywood Road are already overcrowded and we
strongly oppose Mr. Hall's proposal.
We also object to the concept of creation of a new build-
ing lot which may be substandard in several respects,
namely, lot area, frontage on both the road and lake side
and perhaps in surfaced area. Orono has high building
code standards but they are meaningless and cannot ac-
complish their object of maintaining; the high quality com-
munity we all desire if requests of Kr. Hall's nature are
approved. In our opinion it reverses Orono's past strict
enforcement of building site standards and if approved
opens the door to countless other property owners to re-
ouest variances. Lastly, a granting of a variance as
requ0sted by Mr. Hall would be a direct reversal of the
Orono policies as we have observe.' in recent years, to
upgrade properties and to limit .,-le building on sub -stand-
ard lots in our neighborhood,
We rea ues t the
Hall's reQ uest.
Orono Planning Commission disapprove M.r.
Respectfully,��
tfj_ iam D. Gustafson
0000�
Ewald H.
1890 Shadywood Rd.
;A►ayzata, Minn. 5539
Gustafson . .
li1J, 1
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I Orono
The Village Council of the Vil-
larle' of Orono ordains as follows:
elion 1. Said Ordinance 7 is
h.-.,by amended as follows:
(a.) Add the following para-
graph entitled "Fiscal Policy" just
after the section entitled "Pur-
pose" and before the sections en-
titled "GENERAL REQUIRE-
MENTS":
"Fiscal Policy
In the interests of the general
welfare of the entire commun-
ity, the Council, in considering
any proposed subdivision will
adhere to a sound fiscal policy,
having in mind the relationship
of probable building values to
governmental costs, so that the
projected tax revenue from the
subdivision may be expected to
bear a reasonable portion of the
increased governmental costs
attributable to it. The final (le-
i termining factor will be the
j general welfare of the Village
as a whole, and not the question
of whether or not the proposed
' subdivision may be expected to
Pay its own way; but the ex-
tent to which the subdivision
i�
may or may not be expected to
pay its own way is one of the
`cts which the Council may
nsider."
(b.) Amend the first paragraph
of section entitled "Lots" to read
as follows:
i "Lots
1. Residential Lots, as to size
I and area, shall be governed by
and subject to the policy of the
Village Council. Such policy,
for the promotion of health,
welfare, sanitation and the like,
is declared to be in favor of
relatively large lots so that
'problems involving s e w a g e,
drainage and cess pools may be
minimized and so that the
healthy, open and uncrowded
aspect of the Village may be
maintained. Further the policy
shall be that all lots conform in
area to the existing lots in the
general area of the proposed
subdivision. Except in the case
of very small subdivisions in-
volving less than ten lots in an
1 area where existing lot sizes are
clearly less than 25,000 square
feet, no lots shall be less than
twenty-five thousand (25,000) I
square feet in area, nor narrow-'
' . dar than one hundred twenty
20) feet at the building line,
,exclusive of any easement for,
driveway purposes (utilities
easement excepted)." 4
(c.) Strike the first three para-
graphs of section entitled "Public
Open Spaces" and substitute the
following;
icy of the Village Council that
in all new subdivisions appro-
priate public open spaces shall
be dedicated for public use,
- ch spaces being i{1 addition to
e property dedicated for
streets, alleys or public ways.
The policy is that at least one
such public open space shall be
provided f or approximately
each ten lots in the subdivision.
The area of such public open
space or spaces shall depend
upon the average lot size in the
subdivision, the following table
to serve as a guide:
,
Percent of Subdivision
Average to be in
Lot Size - Public Open Space
25,000 sq. ft. to 3% acre 10%
% acre to 1 acre 7 %
1 acre to 1 2h acres 5 %
over I % acres 0%
"The area thus dedicated
should be either usable area or
area which can be put into
,usable shape by the subdivider.
The subdivider shall leave land
so dedicated in a condition sat-
isfactory to the Village Council.
"At the discretion of the Vil-
lage Council if the circum-
stances justify such action, the
requirement for public open
spaces may be waived or modi-
fied upon payment by the sub-
ci;vider to the Village of an
ropriate sum of money to be
used by the Village for the cre-
ation or maintenance of other
suitable public park area with-
in the Village."
(d.) Amend the first sentence
of paragraph entitled "Interior
Streets" to read as follows:
"Interior Streets
The subdivider shall grade
and gravel streets, and shall if
required by the Village Council,
blacktop the streets, all at his
own expense."
Section. 2. This ordinance shall
be published in the Minnetonka
Herald, published at Wayzata,
Alinnesota, and shall be effective
immediately upon such publica-
tion.
Passed by the Villago Council
of the Village of Orono this loth
day of February, 1958, by a vote
of 4 yeas and no nays.
Herbert & Ross,
Mayor.
Attest: O. R Johnson, clerk.
(2/13, '5a)
P,A
...r............w�.i..�...PLO* .06-0 yr./.f...•r....• ._.
K,
MAR 21�6
1
t
i
To: Orono Planning Commission Members
From: Duane N. Hall, 1860 Shadywood Road
Date: March 12, 1986
Subject: * 1010 Sub -Division and Variance
Zoning District: LR--1C - 1/2 acre area, 100' minimum lot width
Application: Areal Lot Width and Setback Variance
SITUATION:
I'm an 18 year resident of Orono. As my household and life ---style
needs changed over the years I moved to accomodate new needs, owning
three homes in Orono during the period. In the past year another
change has resulted in a new set of living needs.
This time I do not wish to trove. I like it at the present address.
I own extra land at this address and it seems reasonable to sell the
existing house (which is a too large for me), and put the proceeds
into building a new house designed to meet new needs including certain
amenities not possible in the old house.
I own lots 27 and 28 of the Shadywood Plat. The two lots combined are
136' by 289' - .90 acres. The existing house is at the far north of
the northern lot. The proposed southern lot is vacant except for a
poorly placed garage. I'm proposing a stib-division by lot line
rearrangement to meet my new living needs.
VARIANCES REQUESTED:
Lot A
Lot B
Lot Area - Required
21780
sf
21780
sf
80% of Area
17424
sf'
17424
s f'
Proposed
20850
sf'
18450
sf
Variance
930
s 1, - �1
3330
sf' - 15 o
Lot Width Required 100, 100,
80% Width 80, 80,
Proposed 70.5' 65.5'
Variance 29.51 - 29. 5% 34.5'
Setbacks Required 10/10 10/10
80% 8/ 8 8/ 8
Existing 7/10 Proposed - 15/10
Var-i ance 3' -- .30% none
Hardcover
Requ i red
Variance
25% Max
none.
-- 34.5b
25% Max
none
THIS IS A UNIQUE SITUATION - STRICT ENFOUCEMENT OF THE ZONING (:0[)E
WOULD CAUSE UNDUE HARDSHIP UNIQUE TO THIS PROPERTY -- THE END RESt11!' of
THIS SUB --DIVISION AND VARIANCE IS WITHIN THE I NTEN'r OF THE
COMPREHENSIVE PLAN ADOPTED AND MADE LAW BY ORDINANCE * 1729 1975.
F_
EXHIBITS: I. West Shore of Crystal Bay
2. 16 New Properties Precedent
3. Variances by Lot Merit
4. Property Owner Rights
Granting this applicant's request for lot line rearrangement and
variance is reasonable and:
I APPLICANT'S PROPOSED LOTS ARE CONSISTENT WITH THE AREA DEVELOPMENT
AND APPROXIMATE THE MAJORITY OF THE LOTS IN THE AREA
The two proposed lots are consistent
in the area, they are admitedly 5 to
than most of the lots but consistent
attention at this point to exhibit *1
the area of the applicant's property
applicant's proposed lots in both lot
with 7 out of 10 deve�oped lots
10 feet wider and larger in area
never -the -less. I direct your
which shows that most lots in
are equal to or smaller than the
area and lot width.
SUBDIVIDING PAIRED LOTS WILL NOT CREATE: A BUILDING BOOM
A zoning concern that has been considered in the past is the
contention that granting variances and sub -divisions to adjacent lots
under common ownership will result in one -fur -one increases in new
homes in the area. The data in exhibit *2 clearly shows this is not
the case because at least three-quarters of the paired lots in the
area have expensive homes centered on the pair of lots, crossing the
shared lot line, leaving no room for building additional homes.
COMMON SENSE AND REASONING PREVAILS IN ORONO PLANNING RECOMMENDATIONS
AND COUNC I I. APPLICATIONS OF THE COMPREHENSIVE ZONING CODE
This applicant respectfully requests the Commission study exhibit * 3
attached, review the criteria detailed there, and send forth reasoned,
relevant findings (see those listed) and a recommendation that the
sub -division and variance be granted.
A DENIAL OF MY REQUEST IS ARBITRARY AND INEQUITABLE TREATMENT
PRODUCING AND UNNECESSARY HARDSHIP
Exhibit * 4 details why I believe this to be true. More
my knowledge and sense of right and wrong tells me that I
to build a new home on the extra land I own as long as my
consistent with the development of the area I live in and
and approximate what others ere doing in the area where I
THANK YOU FOR CONSIDERING THIS REQUEST
important,
have a right
actions are
I conform to
live.
EXHIBIT # 1
THE WEST SHORE OF CRYSTAL BAY IS 50' AND 60' LOTS WITH A FEW COMBINED
My property at 1860 Shadywood is near the center of the west shore.
The near half --mile north and half -mile south of my property holds 41
lots and over 60% are 60' lots or less. An additional half -mile
either way along Shadywood (south) and North Shore Drive adds another
50 lots and of the 91 total lots, 66% are 60' or less.
In this area, 44 of the 91 lots are 50' or less in width. The model
density is 3.0 single family units per acre. In some ways, it is a
high density area, as with the Seifert property with 6.0 single family
units per acre (which happens to be next to my property on the north).
Only 19 of the 91 properties, 21%, conform to the current zoning
standard of 100' lot widths. That is, 79% are sub -standard.
Only 11 of the 91 lots, 12%, are 1/2 acre or larger.
Clearly, the character of this area is narrow lots of less than one-
half acre in size; 50'and 60' lot widths and 100' to 150' lot depths
ranging from .15 to .20 acres are very common.
The zoning standards of 100' wide and 1/2 acre lots are simply
unrealistic in the area where I live.
M
EXHIBIT * 2
SIXTEEN NEW PROPERTIES ON CRYSTAL BAY -- A NEGATIVE PRECEDENT??. "
J. Mabusth, in a memo to the Council on October 25, 1984, reviewed the
properties along Crystal Bay and came to the incredible finding that
there were 16 commonly owned pairs of lots that could seek division,
resulting in 16 new residences on Crystal Bay, if the owner of a
similar pair of lots at 1620 Shadywood were granted the variance
needed to build on one of the lots.
I walked a mile north of my house at 1860 Shadywood and found eight
pairs of commonly owned lots (using the plat maps with outlined pairs
of lots provided by the city); in less distance to the south I found
another eight pairs of lots. The pairs of lots ranged from 80'to 150'
wide. Most were 100' or 120' since the original platting along much
of Crystal Bay was in 50' and 60' lots.
Of sixteen commonly owned properties, one already had two houses, one
on each lot; three pairs of lots involved one vacant lot next. to a lot
which held a house. The three vacant lots were clearly buildable. In
TWELVE. CASES the existing houses WERE CENTERED on the two lots in such
a way so as to cross the shared lot line leaving no room to add an
additional structure.
For the Mabusth "negative precedent" to occur, 13 of 16 property
owners would have to destroy 13 existing h-1mes worth an average of
$100,000 each to acquire 13 new lots with less value than the
homes that were destroyed to produce the new lots. This simply does
not make sense.
But it did influence the Council which in later findings neto-d that.
the LR-1C patterns of development in the Navarre area offered the
potential for 43 new properties if the application in question were
approved. This is of course absurd.
The facts fire that. if all of these property owners were
encouraged by the city to tear down their existing homes so that
they could (acquire a new lot to build on .. , most would refuse
resulting; in less than a half dozen new Domes.
And where is the evidence that the Crystaal Bay / Navarre areas cannot
accomodate a half dozen new homes'?
i
EXHIBIT * 3
VARIANCES VIA INDIVIDUAL LOT MERIT - LOTS IN SEWERED AREAS
There exists numerous zoning file cases that evidence the Council's
meticulous and judicious application of the zoning standards but one
stands out as being recent and similar to the current application.
By resolution * 1719 granting the following variances to municipal
zoning code section 10.25, subdivision 6 (B) the council appeared to
establish the reasonable procedure of approving lots on individual
merit. It approved lots that (1) were at least 55' in width and (2)
were 77% of the required square footage, and (3) were in severed LR-IC
single family lakeshore residential zoning districts.
The Council noted uniquely important. detail such as the property is
consistent in area with other developed lots and approximates the
narrowest lots in the neighborhood.
In summary, the Council acted on the following Planning Commission
findings:
a) No available land on either side of property.
b) The property is sewered and watered.
c ) Additional •!ari ar,ces would not be needed.
d) No negative effects on public health, safety, and welfare.
e) The varian a is consistent with the area's development.
f) No future need for hardcover and setback variances.
g) The conditions of the land in question are peculiar to such
property or immediately adjoining property.
h) The conditions do not apply generally to other land in district.
i) Granting of the application is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
j) Granting the variances will not in anyway impair the health,
safety, comfort, morals, or in any other respect be contrary to
the intent of the Zoning Code.
k) Granting of the proposed variances will not merely serve as a
convenience to the applicant, but is necessary to alleviate
demonstrable. hardship or difficulty.
The City Council is to be commended for acting in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the
City. Without including unnecessary detail at this point, suffice it
to say the Council's Conclusions, Orders and Conditions were appro--
priate1y comprehensive and considered.
u
EXHIBIT * 4
A DENIAL OF THIS REQUEST VIOLATES MY CIVIL AND CONSTITUTIONAL RIGHTS
I:. the past few years numerous property owners have received permits
to expand existing homes and build new homes on sub -standard lots in
the area in which I live:
Next door to me there are three single family residenses on a 75'
lot - the owner was given a permit to add more living space
and hardcover.
Down the street a few houses, a new house just went up on a 60'
lot and next door to that a sidelot setback of 3.1' was OK.
There are literally dozens of these situations recorded in Orono since
the new zoning codes went into effect in 1975. Why? Because the City
Council, in a defensive move to counter an IDS initiative to build
high density housing in the Navarre area adopted overly stringent
zoning laws in the area. Here are some of the results since that 1975
action:
VARIANCES GRANTED IN ... Width: Area:
Resolution
*
1246
40%
10%
Resolution
*
1246
40%
7%
Resolution
*
1719
45%
23%
Resolution
*
1670
29%
40%
Resolution
*
1718
39%
31%
Setback:
15%/40%
Staff, in considering an application in the Shady -wood flat, stated:
"staff would suggest that minimum realistic lakeshore lot sizes in
LR-IC range from 55% to 75% of 1/2 acre" or .27 to .37 acres.
In summary, almost all the remodeling and building permits issued in
the area I live in were granted using a variety of variances,
variances in lot width, areas, setbacks, hardcover, etc.
To deny me the same consideration and freedoms is arbitrary, capricious
and wrongful, a deliberate abuse of discretionary power, resL:lting in
an unnecessary hardship and inequitable treatment.
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TO::
FROM:
DATE:
Planning Commission
Jeanne A.
March 12,
Mabusth,
Zoning Administrator
SUBJ: #1011 - Excelsior Bay Yacht Club Inc., Deering Island -
Conditional Use Permit and Variance
Zoning District - RS District
Area = 2.65 Acres
Pertinent Sections of Ordinance -
1) Section 10.31 Subdivision 3(C) - Day Use Recreational Areas require
conditional use permit.
2) Section 10.31 Subdivision
standard.
Required =
Existing =
Variance =
List of Exhibits
Exhibit
A -
Exhibit
B -
Exhibit
C -
Exhibit
D -
Exhibit
E -
Exhibit
F -
Exhibit
G -
Exhibit
H -
Exhibit
I -
ExhibitJ -
Exhibit K -
ExhibitL -
5 Acres
2.65 Acres
2.35 or 47%
3(C)(1) - Variance to minimum area
Application
Plat Map
Building Code Section 10.301(C)
Gaffron Memo
Applicant's addendum
Magazine advertisement
Brochure advertisement
Building envelope/hardcover allowances
Septic test locations
Miserable looking aerial view of island - location of
existing house
Survey
Building Elevations - to be reviewed and presented at
meeting
The applicant proposes a Day Use Recreational Area on Deering Island for
the exclusive use of a select and limited 300 member unit of the Excelsior
Bay Yacht Club referred to as the Commodore Club. Review the enclosed
advertisements advertising the new facility (exhibits F & G). Please note
that the uses underlined in the brochure are not requested in this current
application. Such special event uses would have to be approved by the
Council.
Review of Current Application
The island area will provide outdoor picnic area, volleyball play areas,
swimming beach, joint dock areas, shower & lavoratory facilities. The
existing house on the island is in a sad state of disrepair and will be
removed. Showers and lavoratories will be provided in a structure referred
to as the gazebo as well as a porch area and office/storeroom.
u
Zoning File #1011
March 12, 1986
Page 2 of 3
Daytime attendants will be assigned to the island during the summer season.
The applicant's addendum notes that attendants will be provided as
necessary during the following periods: ice out to Memorial Day and Labor
Day to ice in. Applicant must explain the types of uses proposed and need
for attendants - maybe needed for security purposes? The City must know
the dates of operation. Planning Commission may wish to recommend a
reasonable use time period.
Gaffron has reviewed the septic test results and confirms adequate area for
a septic system designed to handle 75-125 users per day. Applicant will
abandon well and construct a new well.
Staff has been informed that a site plan will be provided at out meeting
locating the 30' X 30' gazebo structure within the defined building
envelope. Review exhibit H that designates the actual building envelope:
based on the area of the building envelope at 22,332 s.f., hardcover will
be limited at 5,583 s.f. The septic area has been designated within the
defined improvement envelope - see exhibit I.
The
Building
Dept.
advises that, per Section 10.301 (C) exhibit C, the 900
s.f.
structure
must
be sprinkled.
The proposed improvements on the
island will
create limited amounts of
hardcover.
The structure 900 s.f.
- all picnic, volleyball or game ares
will be on
natural ground cover. Hardcover will
be no problem.
Dock slips
will be limited to 38
slips based
on l slip per 50 feet of
shoreline.
Both the City and LMCD
will require
a joint use dock license.
Review of the Area Variance
The subject property was classified as a conforming record lot at 6.5 acres
in area. The dry buildable area is confirmed at 2.65 acres with an updated
boundary survey - exhibit K. The ordinance states that the subject
property may be used for any permitted or conditional use in the RS
district. The applicant reminds us that there are no other lands
available. The limits placed by the DNR in the rip rap of shoreline will
allow no more than 2.5 to 3 feet reclamation of eroded shore lands. Rip rap
will never make up the loss of 2.35 acres of area.
Is the proposed level of 75 users to given area acceptable? Section 10.31
Subdivision 3 (C) (1) recommends a 1 acre per 20 users ratio. Staf f
recommends that user level remain at 53 if variance is to be granted.
Findings for Approval
1. RS ordinance designates the property as conforming and may be used
for Day Use Recreation Area.
2, Old surveys of the island conf i rin that the property contained 6+
acres in area when platted in early 1900's.
3. Hennepin County tax records show the island with 6+ acres in area.
Zoning File #1011
March 12, 1986
Page 3 of 3
4. The property
shall
operate
under the recommended users level
suggested for Day
Use
Recreation
Areas.
Staff would recommend we amend
the
RS District to reflect
actual area of
Deering Island and rec lassif ica-
ion
of lot as substandard.
But also note
that such lots are not approved
for
conditional uses within
RS district.
Other Issues for Consideration
1. Have all other applicable standards of the RS District been
addressed by applicant?
2. Has adequate care been taken to protect lake?... to guard against
septic pollution?... to maintain hardcover standards?... to protect
public health and safety?
3. Is the proposed use in conflict with the original intent of the
R.S. District?... with Orono's Comprehensive Plan?
Igo .. long established policies encouraging eventual public
ownership of the islands as recreational resources for general
lake users.... limited private seasonal recreational use would be
allowed to continue indefinitely subject to strict conformance
with special health and safety standards".
4. Is the proposed level of use consistant with other Day Use
Recreation facilities within the City i.e. Power Squadron, Vets Camp,
...?
5. Is Day Use Recreational Area use allowed as a new use ... or only
permitted as a continued existing use as long as use Satisfies
standards?
6. If lot is reclassified as substandard and approved for a
conditional use only permitted to conforming lots ... is this a use
variance? ... are we establishing a non -conforming use? Staff will
run this one by the City Attorney.
Staff has reveiwed the proposal and finds the level of use as amended by
staff to satisfy a 1 1 applicable standards for a Day Use Recreation Area.
The issue of the lots reclassification, the unique circumstances
surrounding the error in the original classification and the many legal
questions raised when approving a conditional use permit for a substandard
lot within the RS District must be resolved before the Planning Commission
considers approval. Staff will address these legal concerns at the meeting
after speaking with City Attorney.
If Planning Commission votes to deny, refer to your variance and
conditional use permit sections for the necessary findings.
L
' � 1
� CITY OF ORONO �_ ,�
ND AIATI
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
PROPERTY LOCATION
Site Address Deer inns Island
Property Identification Number (P. I . D.) 1811723310001
Please check one - Is the property X abstract or torrens?
(for Conditional Use Applications only)
Please attach legal description to application if not included on
required survey. Government Lot 9
- - - - - - - - - - - - - -+ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------
APPLICANT
Name
Doug-las
Klint
Phone 475-2401
Mailing
---------------------------------------------------------------------------
Address
3545 Ivy
Place, Wayzata, Minnesota
OWNER
Name
Paul A.
Scherber
Phone 476-2469
Mailing Address 3300 ti alden Road, T yzata, Minnesota
Date Property Acquired June 1985
(month/year)
I (do) () also own the adjacent parcels of land.
---------------------------------------------------------------------------
FEES - CONDITIONAL USE PERMITS
$100.00
a)
Residential accessory
Use
X $150.00
b)
Institutional (church,
school, etc.)
_ $150.00
c)
Duplex Credit/Bldg
$250.00
d)
Commercial/Industrial.
Use
$200.00
f)
Land Alteration
Grading and filling
- 101 cu. yd. or more
Seawall, retaining walls within 75' of
lakeshore
PRD/PID - see fee schedule
OTHER APPLICATIONS
$150.00 Commercial Site Plan Review (+ consultant fees)
$250.00 Vacation
$150.00 Easement Vacation
$ 50.00 Easement Vacation With Subdivision
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UNIFORM FIRE CODE
+ction Equipiaent
call place or keep an fence, vehicle, growth.
y post,
ial or thing near any fire hydrant, fire department
n system contr(.)l valve that would present such
:ing immediate;y discernible or in anv other manner
iartment from gaining immediate access to said
mum Moot clear space shall be maintained around
ydrants except a-- otherwise required or approved by.
Apparatus
Ax�rld Construction. Ever build' �hereafter con -
fire department apparatus by way of access road -
surface of not less than 20 feet of unobstructed
turning radius capable of supporting the imposed
wing a minimum of 13 feet 6 inches of vertical
tment access roads in excess of 150 feet long shall
(visions for the turning around of fire department
lerc are not more than two Group R. Division 3 or N1
le Building Cade, the requirement of this section may be
ion of the chief, fire -fighting or rescue operations would
uired width of access roadways shall not be
ding parking of vChil-Ies. NO PARKING signs or
h, pru�lhitinE • -,%tructio;is mey be required and
way shah ne extended to within i:•;. _ t
the first story of cny building. where t - : of
ess
I1
proved fire protection system or systems si%ti it
ed by the chief.
,. Where fire -protection systems approved by thL
luired clearance may be modified.
11 have the authority to require an increase in the
such width is not adequate for fire or rescue
required to be used as access under this section,
lined in accordance u-ith the applicable sections
!sign live leading sufficient to carry the imposed
IS or addresses shall be placed on all new and s
on as to he plainly' vitiihle and legible froth the
,erty. Said nuinhcrs shall contrast with their
A.
"�14
-7�� � 'k
QATt -- r Awl*
1982 EDITION
10.209-10.301
Key Box
Sec. 10.209. When access to or within a structure or an area is unduly difficult
because of secured openings or %%•here immediate access is necessary, for life-
saving or fire -fighting purposes, the chief may require a key box to be installed in
an accessible location. The key box shall be a type approved by the chief and shall
contain keys to gain necessary access as required by the chief.
Division III
INSTALLATION AND MAINTE14ANCE OF FIRE -
PROTECTION, LIFE -SAFETY SYSTEMS AND
APPLIANCES
Installation
Sec 10.301. (a)Type Required. The chief shall designate the type and number
of fire appliances to be installed and maintained in and upon all buildings and
premises in the jurisdiction other than private dwellings. This shall be done
according to the relative severity of probable fire, including the rapidity with
which it may spread. Such appliances shall be of a type suitable for the probable
o
class of fire associated with such building or premises and shall have approval of
the chief.
Portable fire extinguishers shall be in accordance with U.F.C. Standard No.
It)-l.
h) Special Hazards. In occupancies of an especia,'ly hazardous nature or
where special hazards exist in addition to the normal hazard of the Occupancy, or
where access for fire apparatus is unduly difficult, additional safeguards may be
required consisting of additional fire appliance unit more than one type of
appliance, or special systems suitable for the protection of the hazard involved.
Such devices or appliances may consist of automatic fire alarm systems, automat-
ic sprinkler or water spray systems, standpipe and hose, fixed or portable fire
extinguishers, suitable asbestos blankets, breathing apparatus, manual or auto-
matic covers, carbon dioxide, foam, halogenated and dry chemical or other
special fire -extinguishing systems. %%'here such systems are installed, they shall
be in accordance with the applicable Uniform Fire Code Standards or standards of
the National Fire Protection Association when Uniform Fire Code Standards do
not apply.
(c) water Supply. An approved water supply capable of Supplying required
fire flow for fire protection shall be provided to all premises upon which buildings
or portions of buildings are hereafter constructed. W %en any portion of tho
building protected is in excess of 150 feet from a water supply on a public street,
there shall he provided, when required by the chief, on -site fire hydrants, and
mains capable of supplying the required fire flew.
Water supply may consist of reservoirs, pressure tanks, elevated tanks, water
mains or other fixed system capable of supplying the required fire flaw. in setting
the requiretnents for fire flt•%v, the chief may be guided by the standard published
41
r�
r
Ep
To:
Jeanne
A. Mabusth, Zoning
Administrator
From:
Mike P.
Gaffron, Assistant
Zoning Administrator
Date: March 10, 1986
Subject: Deering Island CUP: Septic Proposal
The applicants have provided
analysis for the proposed septic
anticipated improvements on this 2_'.65
the information submitted confirms
drainfield system is feasible, with a
a full design and soils
system to serve their
acre island. In general,
that a suitable trench
maximum design capacity of
1,050 gallons per day while reserving an alternate site for
future use.
The primary and alternate sites meet all setback
requirements (75' to lakeshore, 3'-plus separation to seasonal
saturated conditions, 75' to proposed well) so that the city
would expect no lake or well contamination from this system.
The applicants have suggested the proposed use of the
property will be for day -use recreation, i.e. picnicking,
barbecuing, swimming, volleyball, etc., and a combination toilet
building/shower facility #s anticipated. As of this writing it
is unclear whether additional water -using fixtures might be
anticipated, such as a kitchenette or water softener. Because of
the unknown potential water use, the applicants should be advised
that prudently designed fixtures be incorporated, such as:
- Automatic shut-off faucets for sinks.
- Restricted -flow faucets and showers - perhaps even a
"timed" shower.
- Low -water -use toilets.
Low -water -use urinal in men's room.
- Low -recharge water softener.
The use of this property as suggested by applicants would
appear to fall into the MPCA design category range somewhere
between a "Picnic park with toilet only" and a "Day camp -no
meals". hence I suggest a design flow rate of 10 gallons per day
per user would be appropriate. This may have a somewhat limiting
effect on the number of people that can use the island; with a
drainfield capable of handling 1050 gallons per day, I would
suggest a logical maximum safe number of users per day would be
around 75-125.
Finally, note that there is an existing resident` structure
on this island which is in poor condition. This structure has an
existing well of unknown depth and condition; however, it was
producing water s of September 1984. The septic tank serving
1
the house is located less than 15' from the well. The former
occupant of the property was wary of the minimal separation
between well and septic tank and used the septic system sparingly
by never flushing the toilet (he carried it out to his garden).
Although we do not know whether the septic system has had any
of f ect on the we 11, we do know the septic tank and any drainf ie ld
that might exist are severely substandard and will not be re-
certified for usage. It is my recommendation that the existing
septic system be totally abandoned, and that the well be
carefully scrutinized by a licensed well contractor and tested
for water quality and yield, and that applicants make a
determination based on expert advice whether to continue to use
or abandon the well. A location for a new well meeting a 1 1
sanitary setbacks appears feasible if that route is chosen.
I
f000p
EXCELSIOR
1710
E:;, C e I s i or- ,
March 11, 1986
Di*-'1Y YC F I T
Ego:: 685
Ni nnesota
C'L..UEs
_j %_j 1
City of Orono
Attn: Ms. Jeanne A. MabUSth
Bui l di ng and Zoning Admi n i strrAtor
P.O. Do;., 66
Crystal Day, Minnesota SJ:� 4=
Re: Deering Island
Dear Ms. Mabusth ,
I would 1 i 1::e to provide YOU with fc.!rther information
regarding our request for a c_ondi t i oval uc-,e permit to Use
Deering Island as a Day Use Recreational Area as defined in
your Code and for a variance from the 5 acre minimum lot area
requi rement. E:.,cel si or Day Yacht Cl Ub is providing Deering
Island as a day use recreational area for its Commodore C1 cab
Members, subject to City j1ppr-o-./al . The Commodore Club is the
most e;., c l usi ve C l uh membership offered by the Yacht C1 cab and
is limited to members. Bascld on use percentages compiled
by the DNR and LMCD, appro;; i matl ey T� % to _,,J% of the
Commodore C l Ub Members would be ori the Lake dur- i ng peak
periods. We e;.;pect that most of these members would be at
the C1 cab ' s main facility :i n E:, cel si car (ormer 1 y Stonewi ngs
Restaurant) and only a s;mal 1 percentage WOUl d be using the
Island at any one time. Tn or-Jer- to ensure that there is no
overcrowding on the I sl and , we have placed a limit of 75
people that can be on the Is] arid at any one t i. me. While we
bel i eve the I sl (and can ac:comodate more than th is f i gure, this
limit would be consist:-irit with tkeepi ng a relaxed and bate: to
nature atmosphere can the IF -)land.
Thc:, e;.,i st i rag house on the I sI fLAnd wi ] l be torn dot--,)n and
new Ga ebo will be built this Spring. -rhe Ga ebo wi 1 1 t-Iouse
separate mens and womens bathrooms, :---I sm.:--All office/storeroom,
and a porch area to provide chel ter from the elements. A new
i:iept i c system wi. 1 1 be installed per City Codes in the area
designated on the E.i to plan. A new vrel l will be drilled and
placed per C-oi ty Codes. The bcathr-ooni�:s Wi 1 ]. use water s vi ng
devices such as water --saver toilets and automatic shUtof f
faUCets and shcawers.
Docks will be
pr-c)vl(:]c.Id
for entry
to
the Is] ,.arid. In
order to preserve
the share,
beaching
of
boats will be
I
prohi bi ted.
A docl::
1
i c-erise
' s L)L-i
r,, j
ap-7,1 i
c!d
f car wi ti,
t1-1[a
LMCD. The
total
shorre'l
i nr-5 length
for
the
main
Island
is
f eet « At one s l i. p for c:�ver y 5C) feet of sh or 1 i n ce , t h e
total number of slips &(uthor i � ed by City and LMC;D Code is =0
slips,
From Memorial Day through Labor Day, the i sl and wi 1 1. be
staffed daily. On days whc.-n ciri l y one employee is requi red ,
the I sl and wi 1. 1. be staffed S hours per d.:-ky unt i 1 1 /� h0 Ur -
after sun set . On days when mor e-� than One employee is needed,
the staff will start at 9: (--)(--)AM and r_ont i nue Until 1 /2 hour
after sun set . From i c e--out to Memorial Day and from Labor
Day to ice -in, the Island will be staf f E_d as necessary.
The Island will mai ntai r phone service per e;; i �-7t i ng phone
lines. Electrical power will be provided to the va ebo and a
night security light will tie installed,
Enclosed pl cease find the regal ati ons 'ar use of the
Island which wi. 1 1 be sent to all Comodor-e Members and posted
can the Island. Our intent i. s to pro,,,,i de a place for our-
Lomodore Club Members to and enjoy Lake Mi nnetonE: a.
Fai 1 are to f of 1 raw thF,�.ae rr tl Bata. ons wl ill result in revocation
Of the member- ' s c � Ub pr i vI edges,
Our r-egc_cet>t for a variance from the 5 acre minimum lot
area requirement is based on the fact that when the Island
was originally platted in tl--ie c-ar l y 19(:)(_) ' s , the Island was
over 6 acres in area. The t a; records for Hennepin C; OUn t y
sh-iow the Island being over 6 acres in size as well.
Apparently o`�c_�r the Vears the Lal-::e level haa- risen and some
err-osi on has place `..c� the point that the Present area
of the Island is about , 65j acres. We have provided the City;
with these t_a;: records and pr-evi cius plat. The whole Island
is combined as one lot and there is no other ?,end available
unless the lost 1 arid were to be reclaimed. It is e;-:actl v
this type o4 hardship unique to this I. -And that the variance
procedure is designed to alleviate, Hy restricting the
number Of users to 7' at any one time, 25 less than that
permitted for 5 acrr-_s, we feel that we hr-uVe complied with the
spirit and i.-rtent of thc--� mini mum acre requi rement .
Tharikyotk -Barr- yc: Ur consi dE!rati on in this matter.
Very truly y ours ,
EXCELSIOR BAY A -
G
DEV::/.ir_
�L UB
EXCLE.1-5 T Oh + - Y YACH_F.
F_;E.CUL_()_T I (J1\IS F- OR DE1:=:F= 1 NG ISLAND
1 . Deering Island (Ti ay bc- Used by Comodore C::l ub Members of
E:x:cel si or Day Yacht Cl Ub and their guests as A day Use
recreational area for group activities i. ncl Udi nq boating
�-�ctivities, swimming, fishing, picnicinq, athletic
activities, nature and other day use. No quests shall be
allowed unless accompanied by the C1 Ub Member.
?. Not more than '75 people are permitted to be on the Island
at any one time.
Only Member ' s boats are a1 1. owed at the docks; nonmember's
or guest 's boats are not permitted.
4. Use of the Island is permitted during d& yl i ght hours
only. Members and their guests Rlust leave the Island and
docks no later than 1 ! 1-101-Ir after- sunset.
�. Overnight c��.,�ipi ng is al 1 owed on an occasional and
incidental basis when approved in aCi�!cZnce by the Cl Ub
Manager.
AI 1 f i res MUEt be z:tppruved by IC). and Personnel and must
be contained in barbeque pits or grills. No open fires are
allowed at the doc F:: s or on bna t :::; at the docks; or in the
Ga-Zebo.
7.
No
gasoline, LP
g&os,
or other f 1
amabl c� products s are
allowed
within the
GaZ ebo
or on the
docks.
0.
No
f i. rewor-kcZ
f i recr�:�ci::erc�, or Gather i ncendi ary devices
are
allowed
on the
9. Mi norr _-� c-ir-c-n not allowed Unless accompanied by their
parent.
10. G1 C�s:S CUPS, bottl r�s or g1 asses are not al 1 owc-d on the
I sl and.
1 1 . LOud noises or d:i c-Ell" .tpt i ve bcnha vi. or are str i. ct 1. -,,V
prohibited.
12. Boat par k.i ng i s �{:! l owed only at the docks; beaching of
i. s not allowed.
Al
1 q��rbage
::1nd
rc::
,f r Aso
c� must bkept
in sealed plastic-
c::(anal- i
ners and
disposed
of
at designated
areas.
14. Volleyball, hor5eshoes, badmi tt Ern and si mi l- ar gamvr_, care
z l 1 owed In designated �.Area s and MUst be approved in advance
by Isl rind Personnel. Athletic activities must not interfere!
with other Member ' s Use of the Island and z0 1 equipment Must
be returned to Island Personnel a+ter Use. Ony loss or
damage to C1 Ub equi prnent or -facilities shc--i l :i be charged to
the responsible member.
15. Swimming shall be allowed only in the marked off swimming
area. The Club will not provide lifeguards or supervision of
any Island activity and all swimming, athletic or other
Island activity are sol ey at the risk of the Members and
their guests.
16. The telephone, Gazebo, and restrooms are made available
for your convenience. Please be aware of other guests needs
to use these facilities.
These regUl at i ons may be changed from time to time by
the Club as needed and any changes shall be effective when
posted at the Island. Fai Ure to follow any of these
regulations will result in revocation of all member
pr i vl Edges.
EXCELSIOR B'-T' YACHT L,LUD MANAGMENT
1
Whei.t U j���x� �����y° ��Your clubs
yotl 101171 tfieni-,
U'hcn you join our `;uh \ M1
also join tltc: slic)rc•w(md.
\cw port, and Stillwatcr Yacht
Club%.
l.1kC \Ii1111L-Twika ()r a c ruitc mi
dic• majestic Mississippi or the
--clunic tit Croix. All with your
1-,tc•116crship in the nevv ExceLsior
Ba% Yacht Club
For husirlr,•,,, luHlcheons.
family dimicr, m- that intimate
cvcning out. \ OU'll L-11j0V the
.istial cicl;ancc ill 111C club itself.
The 1:xccl,iOr Bay Yacht
(. uh feature-, a \a«tical Motif.
cxpansi\ v clock-, m crlooking
I.akC \1111M10)11k.1 4'�- 11ig1jtlN-
cnicrtainmcnt for \ „ur dancing
From clam -hakes to thc•
Cc nniodorc Ball—\ (�u'11 c ilim-
SI )L'i.11 actin itic•• year round.
Wi ►rkOtit room, sauna.
l\ :ciclic' tc-tlni%. COUrts, SW1111111irti;
1 (ml .111d lit-. Of recreational
facilities mi Deering Island on
Like Minnetc)nk:l availahlc to
c m )r -miodOrc mcmh: rs.
'S(K�ial mcmbrrshipanrlual
Ic�c� S I M). O mimodore
mcmhc•rs11ip S i5o. Chartcr
rnc•t»hc•r hil» arc• laimited.
V c• «cic (mic• visits during
husincs,, h1 curs ()r by
ahl)0irltillc•r1t1,. Call mir
rc•pfA;,%o,,nt.tt i� c� tc►cl i� - )� 4 1 1 t �.
Excelsior B-ItN•
N IV' acht
#-.# ill{
W F uckkir Huulc»rd
1 +, ! .r►;.1 o,rg;
SOCIAL MEMBERSHIP continued �
The warm wood and nautical brass highlight the EXCELSIOR BAY YACHT
CLUB dining and entertainment areas, making it a very special place to be. A
place %%,here family and friends may gather in an elegant but casual at-
mosphere. A place to entertain clients and business associates..
The club features evening entertainment and a dance area for your
pleasure on the main floor. The new cocktail lounge and dining I
area open to the decks overlooking the bay. The expansive deck
will continue the tradition of summer beverages and quality
burgers and brats from our outside gazebo.
As a SOCIAL MEMBER of EXCELSIOR BAY YACHT CLUB 1
you are entitled to the following: f
Dining privileges Entertainment �� t
inside and lakeside Dancing
Dock parking Paddle tennis courts
Charter privilege . Social activity calendar
Bareboat sailing from our fleet Reciprocal club privileges, including
of sail boats discounts on gas, winter boat
House charge privileges storage, ships store, etc.
with PP
prior approval
P
Boat launching at
STILLWATER and NEWPORT ISLAND YACHT CLUBS.
COMMODORE CLUB
The exclusive upper level COMMODORE CLUB will be open to 300 charter members. Whether it be a gala party or a quiet evening by
the fireside with members and friends we are sure you will find the COMMODORE CLUB a very delightful experience. In addition to
receiving all the privileges of the SOCIAL CLUB MEMBERSHIP, a special COMMODORE feature will be the complete physical
fitness -workout areas and the following:
Priority docking by reservation
Private sun deck overlooking Lake Minnetonka
House charge privileges with prior approval
Exclusive use of
DEERING ISLAND
recreation area
Fireplace
Sauna J
Whirlpool overlooking
Lake Minnetonka '
Tanning bed
Universal gym
Paddle tennis courts
Outdoor lakeside swimming pool
Showers and changing rooms �-
Certain facilities are subject to local approval.
DEERING ISLAND
For the exclusive use of COMMODORE CLUB MEMBERS, EXCELSIOR BAY YACHT CLUB is developing DEERING ISLAND.
Deering island is six acres of picturesque serenity in West Arm Bay. P. rfectly suited for family pi::11-.-ing, barbecuing, swimming, camp-
ing, volley ball and social get-to-gethers, DEERING ISLAND will be available for clam bakes, luaus, pig roasts, boat hops and other
special events.
CLUB MEMBERSHIP RATES
Three membership categories have been established t(a" provide for the individual needs our members. Memberships have
been limited in order to ensure you a high level of service.
ANNUAL DUES ARE:
Social $100.00
Commodore $350.00
Corporate $19000.00
Corporate includes three individual memberships
Additional memberships ... $150.00 each.
METHOD OF PAYMENT:
Your membership may be charged to your AMEX, Visa/MC, Diners Club/Carte Blanc or paid by check. Please check the appropriate box on the return card
attached.
While in the club, member~ may pay by cash, check, or credit card. If you desire, the EXCELSIOR BAY YACHT CLUB will he offering a charge card to
qualified members. Please rcquest separate application if you desire an EXCELSIOR BAY YACHT `1 1- - :,arge card.
All members are issued an eml%)%%ed member`hir card.
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Xi a7�Ir c. IC,o�c. J,C
A-450" o (" 4. �
To: Planning Commission
From: Michael P. Gaffron, Assistant Zoning Administrator
Date: March, 11, 1986
Subject: #1012, Wayzata County Club, 200 Wayzata Blvd. -CUP
The applicants have submitted a separated application at
Counci l's direction for work in a designated wetland on the WCC
property. The proposal is to dredge the muck from a wetland
which was created when the golf course was built 30 years ago.
City Engineer Glenn Cook has reviewed this project with Jim
Lindblad, Grounds Superintendent at WCC. Glenn has requested
that a�:fitional information be submitted, including a grading
proposal and some surveyed cross -sections. Lindblad expecta. That
this design work will not be completed until some time in April
He also indicated that the WCC board has long range plans to
create a new pond on the 12th fairway (not a designated wetland
area) and will be doing the design works on this pond
concurrently. We would anticipate a review of both pond
proposals later in the spring, hence staff would recommend
tabling this item pending the design information requested by thE.
City Engineer. Note that Lindblad expects no dredging work to bE
commenced until the winter of ' R 6 -' g 7 , and the fairway # 12 pond
perhaps even further in the future.
r
Ok
TO:
FROM:
DATE:
Planning Commission
Thomas J. Jacobs,
March 14, 1986
Building Inspector
SUBJ: #1013 Furniture Minnesota, 3850 Shoreline Drive -
Commercial Site Plan Review
Zoning District - B-5
Area - 40,808.81 s.f. = .93 acres
Min. 20,000 s.f.
An 8 0' x8 5' structure ( 6 8 0 0 s.f.) is proposed on the vacant lot for tht.
use of furniture sales/new furniture storage.
List of Exhibits
Exhibit A -
ExhiHa. t C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit H -
Exhibit I -
Application
Plat Map
Boundary Survey
Proposed Site Plan
Engineer's Review
Fire Review Plan
Building Plans
Use of B-5 Limited Neighborhood Business District -
The intent of this district is co provide a district for businesses that
supply commodities or perform a service primarily for residents in the
neighborhood and will not generate high traffic nor excessive amount of
hardcover.
Applicant
under B-5
has been
zoning.
advised that this use is not specifically addressed
Staff is asking the Planning Commission to determine the compatibility -A
the proposed use in relation to the intent of the B-5 Zoning District and
the pattern of surrounding existing commercial development. Is a zoning
amendment necessary?
Setbacks -
Front
Side
Rear
Wetlands
Reauired
3 5 '
15'
35'
26'
Proposed
35'
15'
80'
2 G '
Applicant must cutback driveway to reflect proper setbacks from wetlands.
Parking --
Retail Sales - 1 Parking sta 1 1 per 150 s.f. of net f loor area minus 10%
storage.
4899 s.f. 150 s . f = 32 stalls
1 designated handicapped stall required
Total stalls required = 32
Zoning File #1013
March 14, 1986
Page 2 of 2
Also note that there seems to be no traffic flow on the property.
Access -
Access is onto a County Road therefore the Hennepin County Transportation
Dept. has reviewed the application and will approve:
1. Access opposite Dunwoody.
2. Turn around provided for loading area north end of building.
3. Right-of-way dedicated to County.
Landscaping Plans -
Plans were not submitted to the City when this report was written.
Drainage -
The drainage plans have been reviewed by the City Engineer (Exhibit F).
Approval subject to the following has been recommended:
1. Elevation of culvert across County driveway be provided.
2. Fill placed below 934 contour to be compensated for on the site by
excavation in another area.
Application is being reviewed by M.C.W.D.
Building Plans -
Building Plans are submitted, exterior materials to construct project are
not shown.
Signage -
Plans not submitted to City, should be provided for review.
Building Code Review (Preliminary) -
Per Appendix E, the structure will be required to have a fire sprinkler
system.
Fire Code Review (Preliminary) -
Fire lanes should be provided at locations shown on
Dept. coni.ection. One hydrant would be required -
shown on Exhibit H. Parking area muot be capable of
loads of fire apparatus.
SAC i Sewer
1 SAC, per 3000 s . f . net floor space
4899 net s.f. " 3000 = 1.63 SAC = 2 SAC Units
2 Sewer Units per Resolution #1854
$335 + $67 X 2 = $804
Fxhibit H and at Fire
approximate location
supporting the imposr--I
Staff Recommendation -
Staff recommends that if Plannin-7 Commission does find this use as a low
traffic gc nerator, that the applicant submit the following:
1. Landscape Plan.
2. Revised parking plan showing
and removal of driveway within 26'
3. Signage plan.
4. Revised site plan per Pl.anninq
fire lanes, turn around north end,
of wetlands.
Commission recommendations.
r
LAI
CITY OF ORONO
GENERAL LAND USE APPLICATION
-----------------------------------------------------------------------------
PROPERTY LOCATION
ation Site Address
Property Identification Number (P.I.D.)
Please check one - Is the property abstract or torrens?
(for Conditional Use Applications only)
Please attach legal description to application if not included on
required survey.
- - - - - - - - - - - - - - - - - - - - - - -
t F)
APPLICANT
� _ 1 �-
Name ��� I � �� � tL, �� Et\J Phone - v =
�? _7 - ? D-7 0
to y Mailing Address r �- C- X AAN.
_____-_---------------------__---____________________________________
OWNER
Name ��A�`l� � N �- tJ L ry Phone
are
Mailinq Address
Date Property Acquired -7-r74 G mon L ( th/year )
I (do) (do not) also own the adjacent parcels of laud.
---- -_--- ----------• -_-- - --•-- - - -_ -- _ _---- - ------ ------ -- ------ ---
,kler FEES - CONDITIONAL USE PERMITS
$100.00 a) Residential accessory Use
Fire $150.00 b) Institutional (church, school, etc.)
ition
:)osr-d $150.00 c) Duplex Credit/Bldg
$250.00 d) Commercial/Industrial Use
$200.00 f) Land Alteration
Grading and filling - 101 cu. yd. or more
Seawall, retaining walls within 75' of
lakeshore
PRD PID - see fee ~
I low / sche
end, OTHER APPLICATIONS # 3
W", $150.00 Commercial Site Plan Review (+ consultant fees)
$250.00 Vacation
;150.00 Easement Vacation
$ 50.00 Easement Vacation with Subdivision
ty
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2335 V. 9,....A dl.yk� 36
St. n...l. M..,...� 55113
/1tie,.. 612-636-4600
March 7, 1986
City of Orono
Box 66
Crystal Bay, MN 55323
Attn: Ms. Jeanne Mabust
Re: File No. 139-1013 Plat File
Stephen Katainen
Dear Jeanne,
O"(1 (►. Hunrsrruo, P E•
Ilul►erl if Hmene, V E'
J(,%eph l Anderlrk. P.E.
BrwUo►d A I rmberg, P. E.
Hit hurt/ 1. I urnrr. P E
Ju►► et c ul,,,n. P [
Glrnn R. Cmk, P.E
A'rith .4 Gordon, P.F.
Thr►r►tas E. Noyes. P F
Ric -hard N" fusrer. P F
Roherl (G Schunit hr, P F
Marvin L Sur►,ola, I'.E
Donald C Burgordr. P. E..
Jerry A Bourdon, P.E.
Afark A 11anson. P.E.
Ted A field. P. E.
Michael T Raurnlonn. P F.
Robert R. PJefferle. P.E.
Duvld O Loskora. P E.
Charles A Erickson
Leo A! Powe/skv,
/farfan Af. Olson
We have reviewed the drainage and grading plan for Stephen Katainen on County
Road 15. We would recommend approval of the plan subject to the following:
1. Elevation of culvert across County driveway be provided
2. Fill placed below 934 contour to be compensated for on the site by
excavation in another area.
If you have any questions, please contact this office.
Yours very truly,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
Glenn R. Cook
GRC:1i
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TO: Planning Commission
Mark Bernhardson, City Administrator
Jeanne A. Mabust h, Zoning Administrator.
Kathleen Blatz, City Attorney
FROM: Michael P. Gatfron, Assistant Zoning Administrator
DATE: February 26, 1986
SUBJ: B-2 Zoning Amendment - Proposed Changes
The following proposed amendments to Municipal Co, e Section 10.41 are
intended to provide for regulation of commercial operations in the B-2
zoning district via a conditional use permit and variance procedures, so
that the commercial marina 1i_consing provisions of Section 5.42 can
eventually be eliminated.
Proposed changes include redesignation of permitted and conditional uses,
with some additional pet f ormance sta.,�.ards .
Subd. 3. Permitted Uses. Within the "B-2" Lakeshore Business
District, no land or structure shall be used except for one or more of
the following uses:
�f-
-B-.- - S t.-
�:---5et Etc: ---�
,- -boe-t- s-,- -be-it- -&rtd- MO rirrre
A. Launchi of ri vate owned boats from a boat launching
ram .
B. Rental of boats, guide services, and ancillary equipment.
C. Minor repairs and maintenance of boa;.s and motors in -water.
D. Boat holding tank pumpout.
Such permitted uses are subject to rejulations and performance
standards of the B-2 zoning district per municipal zonin code Section
10.41.
The intent of these changes is t D permit without condition certain
which are not land -use intensive. In order to have the bulk of
marina operations
specific permitted
and are subject to
the B-2 zone,
uses
major
have
uses. The 4 uses proposed generally are water -related,
the parking standards and other perfcrmanc:e standards of
considered as a conditional use, we must also
Subd. 4. Conditional Uses. Within any "B-2" Lakeshore Business
District, no structure or land shall be used for the following uses
except by conditional use permit:
A. Sales
of marine -related
dry
goods such as
^bait.
boats,
r
fishing equipment,
boat
supplies,
fuel, and live
motors,
B. A: Sale of cigarettes (subject to cif license as regulated
elsewhere in the Municipal Code.)
I
B-2 Zoning Amendment - Proposed Changes
February 26, 1986
Page 2 of 3
C. 1B Sale of 3.2 Beer or sale of "setups" ( subject to city
license as regulated elsewhere in the Municipa 1 Code). (Subject
to licensing by Council).
D. e- Sale of prepackaged food or food from vending machines.
Prepackaged food includes only food which has been professionally
prepared at a location other than on the premises and does not
include "full -course meals" or any food prepareL ion o" er than
warming by use of an infra -red or micro -wave oven. Sale of food
from vending machines is allowed,
Items A-D relate to sales
on a
minor
or major
scale. Note that B,C, and D
were the only Conditional
Uses
in the
current
code.
E. Maintenance and repair of boats, motors, and marine related
equipment, not in the water.
F.
Rental
of
in -water dock slips and buoys.
G.
Rental
of
"Dry Stack" boat storage space.
Note that our current code regulates the height and location of on -land
storage or "dry- :tack" facilities in Section 10.41 Subd. 8M, and requires
6 parking spaces per 10 on -land slips.
H. Storage of boats and boat trailers on a temporary or
permanent basis, and storage of boats —in "dry stack"structures or
within buildings, regardless of whether such boats and trailers
are owned b� customers, on consignment for sale, or owned the
business anC held for sale, lisp la rental, or otherwise used in
connection with a boat or marina business.
Staff feels that storage is a prime land -use issue in the B-2 zone and
this properly falls under a conditional use.
I. Charter Boat Service. For purposes of this section, Charter
Boat Service is defined as the operation of a business in which a
watercraft is operated_ carrying passengers for hire when such
watercraft is based at or boarded from the subject property, one
w
parking space der 3 potential passengers based on capacity of the
charter boat(s) shall be provided.
Charter Boat Service has not been previously dealt with in the B-2 section,
but obviously creates a need for parking on the site. The LMCD requires
that a Charter Boat Service be licensed. From a land use standpoint, staff
feels that it is appropriate to require as a condition c
adequate parking be provided, hence this is proposed tk-
conditional use.
f
B-2 Zoning Amendment - Proposed Changes
February 26, 1986
Page 3 of 3
J. Residential Use of Structures. One caretaker residence unit
shall be allowed under a conditional use permit, f or purposes of
security. The caretaker residence unit shall meet all bu-ilding
code and fire code requirements. The caretaker unit shall not be
a rental unit and shall be allowed only in conjunction with use
which is currently. approved under a B-2 conditional use permit.
The residence structure shall meet all Yard and setback
requirements for a principal structure in the B-2 district.
Although in past licensing practice the existing mixed use of B-2 property
has been somewhat ignored, it does exist i.e, a) "caretaker" apartm^nt above
the Minnetonka Boat Works building; b) 2 (or 3) residences on the North
Shore Drive Marina property, c) Chaska Marina's two non-contiguous
properties with houses. In reviewing this, staff considered that security
can be a problem on B-2 property, given the high dollar value of the
watercraft and equipment stored, and that allowing a single caretaker unit
for security purposes is logical on a limited basis.
Subd. 5, Parking Requirements.
Revise Subd. 5(D) as follows:
D. The required parking spaces may not be separated by a public
roadway from the dock, a storage space, mooring space, floor
space, or ramp they are designed to serve, nor shall. required
arkinq spaces be separated from such dock, stora-le space,
mooring space, floor space, or ramp by an adjacent privately
owned property where such _arrangement forces pedestrian tr ffic
either onto city rilht-of-wayk or onto said privately owned
property.
Add Subd. 5 (G) as follows:
G. Parking s aces des11 ated f or use by employees sha 1 1 be
exclusive of and in addition to the required parking spaces._
These t.-.o performance standard sections are included as a result of the
Chaska Marina problem with the two non-contiguous properties to the west.
The origi?ia i Subd. 5 (D) prohibits the required parking spaces from being
across a public -:oad from the area they serve; the additional wording
prohibits :.;uch spaces from being locates: in a manner that encourages unsafe
or unlawful pedestrian traffic. Note that this does not appear, to prohibit
the "non -required" or "e,nployee" parking spaces from being on such detached
parcels. Perhaps this is a matter for discus! -ion.
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