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03-19-1990 Planning Packet
I/I Bonestroo Rosene Anderllk & IvJ 1 Associates Engineers & Architects CteO 0 fta*>nneA w Pt C Ar«:fik P{ M.ntf9i \rr^Pi Jicrct C C-ion. Pg 2 Cc^ Pg The.^1 ff \ovvv PC •«**« a f f Morv«n | Srweij p; Rp*^ A Ooesaa t| Hkm w >em t»i, Oofuwc iviu^Pi Jiry A ISv^SCA (it Mflri A •« -tpn. P| >rt K PC M<^an f PI •wri • PV^.n-. p| Oi/vv 0 kpNicij. PI 'A‘ •rfr'vw P| C Pf I Miijnd. P» Rpp-p-ltn P Anopvm. PP M#.-* 2 Son Pt BOOCfT C «w»:cii. At A ff 0T4J I. Anjuk PC A SiryOrO Pf j leeefTorv Pf A S p« Pf P^ Jl C4U*^ Pf D Vrff* o VI4P»% P» t*ycfr\jt% § / 04?yl ty«afV9ef pf P| I P».ti(i O'lvft W P| Ci*4nr%> fnuoA tfo M M C'^1 Siu*^ M lirvi CPA March 13, iddO Cltj of Orono Sox 66 Cryatal Bay, MN 33323 Accnt Jaanne Nabuath Re« 139-1303 Woodhlll Country Club Dear Jeannes “"l' '“Mi''!*!®". n««« ».several noalficatloas to tha plan chat *a would recommend. The access driveway should be platted as a 30 foot outlet. Tha drivewav la If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. itLj. Glenn R. Cook 6RC/df GRC/21 ^■>?g »r/or» ut«K..,,., , <t o„., M:«».orota «51t3 • 6T2-A3A-4AOO s « I § • • s "5 t CO 5 I 2 C-2 OQ "0 t in <h« H 4) Q) •H C •£ O) ^ 0 * 0^" b xogs|>.IJSt 5> 2 jg v'. Cm 0 TO: FROM: DATE: Jeanne A. Manbusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning 6 Zoning Administrator March 13, 1990 Subject: #1503 Woodhill Country Club - Subdivision - Septic Testing 1 have reviewed the site of the proposed building lot and would make the following comments: 1. The testing for septic system // bv s-P Testing indicates the use of a trench drainfieid tystel on 2 terrace levels at the north east steeply sloped lot. The tested sites provide the capability for as much as 950 lineal feet of drainfieid, enough to provide for a primary system and nearly 2 alternate systems for a 5 bedroom home. 2 Since these sites are at the high end of the lot, one would expect some under ground drainage contours down the hill. With 80% of the lot greater than 18%, it would be critical to house directly downhill from the drainfieid sites. Furthermore; it would be advisable to do no grade cuts within 50' downhill from any of the within 20’ laterally at a level equal to the sites. Because these slopes near the drainfieid are so ®^®®P' ^ i seem to be within the authority of the septic code to require these special conditions on site grading. ^ To that end, I have sketched on the S P Testing design, a* "proterted area" in which no structure and no grading or cuts should occur. Based on the preservation of ®^®® and the stipulation that no cuts occur, I would recommend fUnr-oval Of^the building site, finding that the provisions of'^the septic code for a buildable site are adequately met. m £ -c o 2 ox: U 2 I *1 f i b X ® g S 5^ ti 8?i £ J" M g a- To: Prom: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator March 15, #1505 Scev.^ Wirtjes, 3085 Watertown Road - Preliminary Subdivision - Public Hearing Pertinent Ordinance - Chapter 11 - Subdivision regulations Class III subdivision. Zoning District - RR-IB Total Area « 5.01 acres exclusive of road Lot 1 Lot 2 3.01 acres (area of drainageways have not been designated - final areas must be exclusive of drainageways and confirmation of 2 acre dry contiguous building envelope) 2 acres (drainageway not shown, lot line may have to be realigned further northward to maintain 2 acre dry contiguous upon final designation and determination of area of drainageway) List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Application Property Owners List Plat Map Gaffron's Report Topography (Mark Hurd area from City files) Staff Sketch Preliminary Plat The applicant proposes a 2-lot division of the former Ferrell homestead. The existing house is to be razeJ and th formed Panuska residence (Alan Carlson Project) l®^®ted on the north side of Watertown Road is to be moved to the location within Lot 1. The ov..:er of the property move the existing barn to a more central and screened because of the poor condition of the foundation, aoainst it and at some future date will build a new barn on p?operty. As noted in Gaffron’s memo, the proposed h^ise and septic areas are to be redesignated as the house will be on th higher knolls to the south. Septic sites are located to the north and east on Lot 2. ^ I L Zoning File #1505 March 15, 1990 Page 2 of 3 After a site inspection of this property, staff recommends that the shared driveway outlet be relocated to the east side of Lot 1, It is staff's understanding that the property owner to the immediate east does not approve of the shared driveway along the east border. It is unfortunate that the existing drive has not been located on the survey. Staff would suggest that the existing drive could be used for the first 100'. As it appears to be 15-20' from the privacy fence installed on the lot line. As the road moves southward and away from the house, the road could be moved closer to the shared lot line. The proposed road lot has been located within a drainageway that intersects the outlet at two locations (review Exhibit E). In addition, the entire northwest area of the property is in the most treed-wooded portion of the property. The east side has no tree growth and gentler topography. An east drive would have minimal impact on the property. The existing barn would be located 5' from the road outlot, as it is not the owner's plan to have this a permanent structure, a new barn could be relocated to meet the required 10' setback from the side lot line. Please note Outlot A would not be a private road outlot, merely a driveway outlot and does not require a street setback of 50'. The City will ask for a dedication of 33' of right-of-way for Watertown Road. Please review Exhibits D (> e, before the Planning Commission can grant preliminary approval of this plat, it must be determined that there is no flooding problem within the area of the septic test sites of Lot 1. The applicant has already been advised of the need to locate the existing drainageways that intersect the property and of the need for the City Engineer to review any flood plain concerns for the creek area that intersects the property and the drainage basin in the northern portions of Lot 1X • Please review Exhibit F, a southern access corridor does not appear necessary with the location of Cygnet Place to the west of the property. Nor does it appear that east/west corridor accesses are necessary from their property. In review of the map, the larger parcel to the east and south is a more appropriate candidate for a southern and eastern corridor that would link Watertown Road with Old Crystal Bay Road. Zoning Pile #1505 March 15, 1990 Page 3 of 3 staff's recommendation that the review of thl«; is^submitted^hv^fhi®^^ following additional* informationIS submitted by the applicant. In addition, upon receiot of that Potential°fi^!lfri^h^^ Engineer will determine the degree of any basin to 'll® creek area and the drainage tabllna PfoP^fty* Although staff recommends allow^H^A^n public hearing and the neighbors should be thi ptesent their position and concerns with J . subdivision. The recommendation to relocate the east*^ driveway outlet will be of concern to the neighbor to the I # 1 u ' J a ::iTY OP ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION 5it6 Addrsss 3^?^ (jJA'T^AT^Uj -c C* • • ‘ k* - • *• . .... . ^ - '•• k» i * - f i . »It •/■••1 ».• u V y y vv^ ^ Property Identification Number (P.I.D.) _____ Please check one ~ Property _^;^^bstract or Kttach legal description to application. i 7--.a wwvi. w vvv Ai Ty*. X ^u:truzrv t:*u »’.• 1 "•**• * — ^ t ' u. • -r.-.• .*y • w -si.• •. •fcwf o:;- .r,:i - • . • VW torrens? w-'-c:.'..'! r ■•}i T' ;•?: :■/••■-7.5; APPLICANT Name DitC-TJCS Phone (home) ^7^ 7 _ _ Phone (work) Address; /^/)Tc^rg(*^n . City; Zip:_^20^ WNER (if different than applicant) Name Phone (home) Phone (work) r rrv rr rr.mn I I VI UPMVrfVrT;r%;;rr ‘rrrrr J«fc ———I**""*—~ » ^ Address; <L City; ------Zip; (attach list if more than one) nQj^ # V M V.*Uit A.VV* • W EXISTING LAND USE Number of Tax Parcels Development Size t 4-1 » .-f' *» M ^1*' • X wWVi. W VVV1 rzv VX VkM > -C-- "* • Ck/ Acres Dry Land Acres Wet Land Acres Total, all parcels C'lEK TL :54.25-9,:rrrryT_*'u.'iM* vnii I I VW "iVM Vffrrxcvfvw'v uv'Vx mvx »v.'*vc* < /7A /OO AV.' k^V.* u/ Present Use (check)Residential; no. of units Other (specify)^__________ Present Zoning District — i 6 ROPOSAL _ _ _ _ _ _ _ Division for Tax Purposes Lot Line Rearrangement Only (no 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 per cjry AT oum FIHA.^ OFFKE PnOQCd ItllS020pP f ?k;»rirrk'RsaiPT-mK you urnro COO!Acres {'4;‘/.;'r/>y , O ArC- Sq Pee- ________Residential Other (specify) Land 2. 3. 4. 5. V PHmiMIHMr SPPI.ICATIOH cISw^rLop^tyie^rs'Llst" survey. 3?jf3l7\=r. ^epa”r’Sfe'ro^‘"piL„”r.ifo “3.SS^l Stamped, legal sized envelopes flioi nr-o raV„e°a" :i-4 uadr^L"faVe^ a’i°ar“='’ l°/be‘L* a^/SpL“ - y\“yiK^-iV.“e"a'>rbrs l“!fea?. - compleVe!^^'’°" Zoning Department that Preliminary Plat Application is Zoning Official's Signature ” ~.;_ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _Date^_ _ _ _ _ _ _ _ _ _ _ _ 2. ' SigSJfcIrtflKatrof aSJviy'o^SyJrcollero?"^"””'"^®”^^^3. Title opinion. rayxar copies of formal plat. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Zoninromcial^s^SignltSr r''^'"^"^ Application is complete.-- - - - - - - - -- -—- - --- --- - - - -- Date FEES Sketch Plan Review (Class I, II s mj Preliminary Review (Class I s ii Subdivision) Preliminary Review (Class III and all non-resldential) 20.00/Lot $150.00 ('^0.00 Review (Class III) engineering charges)150.00* reques\'’eV\7\he®‘?o ‘’n'inVM“ /■'«°rniatlo7'requi7ed”o^ Planning Commission and Council necessarv Engineer, City Attorney, urther agrees to pay all additional fees^stabuSJI b“'ord?n'’aniV.“°" ^=3 7/9' Date Applicant's Signature ^ Owner's Signature /H_ _ _ _ Plan^ing^Co^isSion Meeting"^Vlanni^^°r^^®-offices 25 days before the third Monday of each'month^; App\\"ca^t3°^t"t"t°^^ "tr^a^^a ^^\e^^^\”d^"LS°trg ”i?ear t t 7^ RUN DATE 10/18/89 BATCH 003 PROP AODR ONNER NAME TAXPAYER NAIC/AOOR PROP ADOR ONNER NAME TAXPAYER NAHE/AOOR PROP AOOR ONNER NANE TAXPAYER NAHE/AOOR PROP AOOR OMCR NAIC TAXPAYER NAHE/AOOR PROP AOOR ONNER NAME TAXPAYER NAHE/AOOR PROP AOOR OMKR NAHE TAXPAYER NAHE/AOOR HEN JEPIN COUNTY PROPERTY INFORItAHON SYSTEH PROPERTY OJniERS LIST 38 04-117-T3 21 0001 02985 HATERTOM^ RO OONALO T TROHCRIOGE ET AL DONALO A rURGARET TRONBRIOGE 2985 S NATERTOItl RD LONG LAKE IffI 55356 38 04-117-23 22 0010 00105 CYGtJET PL G J EHALT ETAL GREGORY J EHALT 105 CYGNET PLACE LONG LAKE MN 55356 38 04-117-23 22 0016 00060 CYGNET PL RICHARO J OUtILAP ALAN SLOtmi 60 CYGNET PLACE LONG LAKE ItJ 55356 38 04-117-23 22 0021 00190 CYGNET PL HARGUETTE OAfK OF W»LS N A R»IALO A A ROCIN A MOHRIIAN 190 CYGNET PLACE LONG LAKE tft 55356 38 04-117-23 22 0024 00020 CYGt<ET PL H J A H H PAtAISKA HAROLD J/I1ARGARET H PANUSKA 20 CYGNET PL LONG LAKE HN 55356 38 04-117-23 24 0006 BARBARA K COFFIN BARBARA K COFFIN 3025 NATERT0II4 RO LONG LAKE It4 55356 38 04-117-23 22 0008 00065 CYGNET PL OlANE L KOEPKE DIANE L KOEPKE 65 CYaiET PLACE LONG LA1;E I Cl 55356 38 04-117-23 22 0011 00135 CYGNET PL M E OECKERO « K S DECKERO NONTE E DECKERO 135 CYGNET PL LONG LAKE Ifl 55356 38 04-117-23 22 0017 00080 CYGNET PL P A A VITKO PAUL A A ANI L VITKO 00 CYGNET PLACE LONG LAKE HI 55356 38 04-117-23 22 0022 00100 CYGNET PL VIL OF 0r.ON3 CITY OF ORONO 38 04-117-23 22 0027 03005 HATERTO:;i RO S P NIRFJES A M N HIRTJES STEVEN P A NARGO M HIRTJES C/O HARO P FERRELL 3405 NATERT0.3I RD LONG LAKE IBI 55356 38 33-110-23 32 0001 03140 NATERTOi-31 RO DORSET DEVELOPMENT INC DORSET DEVELOPMENT INC 3125 TON ST LONG LAKE ISI 55356 REPORT HO. PI435401 PACE 5 38 04-117-23 22 0009 00085 CYGNET PL G J El'ALT ETAL GREGS.' - J EHALT 105 C-.GNET PLACE LaiG LAKE MN 55TS4 '9' 38 04-117-23 22 OOU 00145 CYGNET PL A E BIOENEHOAAL ETAL ARTHUR E DLOENENOAAL RT 1 COX 501F LONG LAKE NN 55356 >-0o 38 04-117-23 22 0020 00160 CYGNET PL JANES II CAMPION JANES II CA>I.”ION 160 CYGNET PLACE LONG L#KE Wl 55356 t 38 04-117-23 22 0023 0P130 CYOIET PL PATRICIA A HARDEN MARGARET D ROSSING 130 CYG.IET PL LONG LAKE MN 55356 38 04-117-23 22 0028 03045 NATERTCKBI RO BRtrcF C < KATHRYN S HALL BRUCE C » KATHP.'YN S HALL 3045 NATERTCUI RD Or.GNO IN 55.356 38 33-110-23 33 0001 05020 HATERTCKN RD R A STUiOS ETAL R A STC.SS 3020 NA FRTOItl RO LO-.IG LA- E in 55356 • I ••• * ■'■J i. ' (f^r' O RUN DATI 10/18/89 BATCH 003 HE'JJEPIH COUNTY PROPERTY IMFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. Pl<<35401 PAGE 6 PROP ADOR OWNER NAIC TAXPAYER NAfC/AOOR 38 33-118-23 39 0006 00055 NEAR LA N NEAR cNIERPRISES PARTNERSHIP HEAR ENTERPRISES PARTNERSHIP C/0 NILLIAH H WEAR P 0 BOX 245 LONG LAKE MN S535S TOTAL BATCH 003 00019 VO !< •) C I CERTIFY THAT THE FACTS REPRESENTEO ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENMEPI" COUNTY OEPARNIENT-OF PROPERTY TAXATION, TO TXT BEST OF MY KttOHLEDGE AtTO BELIEF. O 9 • ■J J : OAT t: ■t CM) « • <4 •m'Tvtrw •* *■ ' * •• — I •• . <44 lk*4*«4 k. • • • i ,••• 1 y j n i • . "7-;) ““SKUWIW*. — «D ■>o 7 £,,!)•• CIR, 1 ’••••• ta1••••• f 1$ 9 9 f) ^ 9 9 9 9 9 9 9$ ft /9 9 i$ 9 9 9 9»•• » f 9 9 9 9 9 9 9 ■ ^ * r »- / » ■) -I' •‘•i . ;. <■ I' r 11 To; From: Date: Jeanne A. Mabusth, Building & Zoning Adminlnstrator Michael P. Gaffron, Asst Planning & Zoning Administrator March 14, 1990 Subject: #1505 Steve Wirtjes, 3085 Watertown Road - Septic Review I have reviewed the submitted septic testing information for the above referenced subdivision, and wish to make the following comments: 1. The proposed house and treatment areas for Lot 2 shown on the survey are reversed from the actual testing done by SP Testing. Actually, the house should be at the south center portion of the lot, which is a high knob. The drain- field sites actually are at the northeast quadrant of proposed Lot 2. 2. In Lot 2, both primary and alternate sites are on suitable soils and slopes, and are located in an area where flooding should not be a concern. Both sites would require a mound sewage treatment system. 3. In Lot 1, tested drainfield sites are to the north of the existing and proposed house locations, and are in a relatively low area of the property. Both of these sites were found by the site evaluator to be suitable for mound systems. However, those sites were found to have a seasonally high water table between 1 and 2 feet below the surface based on mottling, an indicator of seasonal soil saturation. While the designs meet soils criteria acceptable for mound systems, I am concerned about possible flooding in the area of these systems, given that drainage from the Carlscn subdivision to the north comes through this property. The attached topographic survey from City files (with proposed subdivision overlay) shows the proposed drainfield sites and indicates that a large portion of the front yard area is a basin area. There appears to be a ditch that drains this area generally southerly along the west lot line, uO the creek channel which bisects the property. 4. I would suspect that while topographic contours of the hill areas are fairly accurate on the file topography, the center line of the creek and its potential flood plain area are not accurately defined nor designated. That topography does not even show the ditch leading from the Watertown Road culvert along the west lot line. I think we should request the following information: Zoning File #1505 - Septic Review March 14, 1990 Page 2 of 2 A) City Engineer to preliminarily review the flood plain concerns of both the creek area and the drainageway in Lot 1. B) City Engineer should request of the applicant whatever information is necessary to verify the flooding potential for the area of the primary and alternate drainfield sites in Lot 1. C) Because a drainage easement through Lot 1 is likely to be necessary, we will need to verify that there are two contiguous acres north of the creek. D) Likewise, whatever easement is taken for the creek in Lot 2 would not be counted towards the area of Lot 2, and therefore lot lines may need to be shifted. In summary, we need to have the bisecting creek and the westerly drainage ditch shown on the survey. We need an analysis of whether flooding could occur in the drainfield sites on Lot 1. We have also discussed the merits of revising the driveway to the east side of the rrf *erty. This might start to constrict the primary drainfiel<5 : a' >.• j Lot 2. It may be possible to shift the primary site ana lind an additional alternate site north of the primary, leaving room east of the primary site for a driveway, while maintaining the necessary 20' drainfield-to- driveway setback. » f- ta To: Pros Date: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator March 12, 1990 Subject: #1506 Carol L. Senn, 3220 Watertown Road - Preliminary subdivision - Public Rearing Pertinent Ordinance - Chapter 11 - Class III Subdivision Section 10.55, Subdivision 8 - Variance required for minor portions of private driveway that will Intersect designated wetland at 970' elevation. Zoning District - RR-IB, Rural Residential Required Area = 2 acres dry contiguous Proposed Lot 1 » 5.25 acres (2.57 acres dry contiguous) Proposed Lot 2 = 2.83 acres dry contiguous Outlot A to be legally combined with Lot 2 serving as shared access for both lots. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Application Property Owners List Plat Map Gaffron's Memo Grading Plan/Indian Creek Future Access Roads Adjacent to Property Preliminary Plat Review of Subdivision Application ~ The proposed subdivision of two lots is classified as a Class III subdivision as it involves dedication of a public road and designation of drainage easements for a protected wetlands and a drainageway that insects the property. The former residence, once the subject of a hazardous building action, has been boarded up per directives of the City. It is the hope of the applicant and future owner of Lot 2 to utilize existing principal structure within design of proposed house. If any of the existing structures are to be removed, applicant is advised of the need for a demolition permit. Zoning File #1506 March 12, 1990 Page 2 of 3 Lot ConfjcTuration - Both Lots 1 and 2 satisfy lot standards for development under the RR-IB zoning district. Each lot satisfies the required rear of the front yard setback line. [Lot 2 at Jrivel"V“t7out^ot"\M ' M .. T!!® proposed house locations meet the required setbacks. Note the west setback for Lot 2 is a side setback of 30'. This is not a corner lot as the access is defined as a driveway and not a private road. Access - Temporarv/Future - Outlot A shall serve as a temporary access for Lot 1 until a future west corridor is installed at the north border (refer to Exhibit F). The private driveway within Outlot A shall serve as a permanent access for Lot 2. Applicant's engineer will provide engineering plans for the private driveway that will extend northward to Lot 1. The plan must provide detail on the wood piank bridge that will cross over Classen Creek and detail on driveway, specifically erosion control within small portion of the roadway that intersects wetlands below the 970' elevation. The City will ask for the dedication of 33' of Watertown Road as shown on the preliminary plan. Outlot A has been created in its present configuration because of the driveway, taking advantage of the higher elevations as it runs adjacent to the west lot line of Lot 2. At some future date. Lot 1 will no longer use the existing driveway, achieve access from the north. As already noted. Lot 2 will be combined with Outlot A as a condition of this subdivision approval. Lot 2 will grant a temporary access easement in favor of Lot 1 to be extinguished at the time of the Installation of the new west corridor road at the north. Septic - Please review Exhibit D, Gaffron's memo confirms adequate and suitable area for on-site septic development for both lots. The question of rerouting drainage on Lot 2 is no longer an issue at this point as the developer of Indian Creek shall reroute drainage along the west border of the property to the drainage ditch on Watertown Road. In recent years, the City Installed an underground drainage tile that runs from the eastern curb cut on the property westward to the creek. There is already a well established drainage ditch that transports drainage westward to the culvert that finally drains southward under Watertown Toad. Zoning File #1506 March 12, 1990 Page 3 of 3 Options of Action - Denial. If members choose to deny the subdivision application as proposed, please refer to the necessary findings in Section 11.02, Subdivision 10 (A). Approval. The following findings and conditions may be considered if the Planning Commission recommends approval of the 2-lot subdivision. The proposed 2-lot subdivision of Carol Senn is approved finding that all standards of the RR-lB rural residential zoning district. Subdivision Regulations and On-site Septic standards have been satisfied. The subdivision approval is subject to the following conditions: 1. Dedication of 33' of Watertown Road. 2. Owner of Lot 2 to grant temporary driveway easement over Outlet A in favor of Lot 1. The City Engineer has reviewed the location of the shared access at Watertown Road and finds the sighting distance for a 40 MPH roadway to be satisfactory. 3. Outlet A has been created for shared driveway purposes and shall be legally combined with Lot 2. 4. The future owner of Lot 1 has hereby been granted temporary access via a private driveway through a road outlet and at the time a future west access corridor is installed at the north border, legal access must be provided from the north. 5. Payment of a park dedication fee for newly created Lot 1 at $200.00 per lot. 6. Prior to final plat approval, applicant shall provide engineering plans for private driveway. P include erosion control and design for wood plank bridge. JJ. tr S CITY OP OROHO - SOBDIVISION APPLICATION JL ft- y .'O PROPERTY LOCATION Site Address_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Property Identification Number (P.X.D.) / Please check one ~ Property abstract or _____ torrens? Attach legal description to application. /yy APPLICt\NT Phone (home) V73 ~,, -, ^imzpsm m usiss Name ^ ^ BA'a J_____________ Phone (work) 'y 73~ 02J22/90 CITY OF 2R&IQ FW^iCE OFFICE „ H50200000 a Address: ■^d ^ d City: Zip: ?*7 / Phone (home)OWNER (if different than applicant) (work) Address:City:Zip: (attach list if more than one) EXISTING LAND DSE Number of Tax Parcels _ Development Size _ / i. TT5 Acres Dry Land , , , , 1 n Acres Wet Land v^rtu hclo>.j H*- ■'O Acres Totalr all parcels Present Use (check)Residential; no. of units Other (specify)_ _ _ _ _ _ _ I /Present Zoning District _ _ _ _ _ _ _ _ _t _ PROPOSAL __ _ _ _ _ _ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites:I I Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Units per ?.7$Acres 6,0(p Sq Feet Dry Buildable Land MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. 5. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature^_____________________________Date 1. Payment of fees (parlc fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete Zoning Official's Signature_ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ FEES Slcetch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivision) $150.00 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) •(Plus any legal or engineering charges) 150.00* The applicant hereby agrees tc provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature r\/ J '‘,'■^1^ Owner's Signature '-y y 'y Date Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please malce arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 02/0a/90 BATCH Oil PROP AODR OltlER NAME TAXPAYER NAHE/AODR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR PROP AODR OHNER NAME TAXPAYER NAHE/AODR 58 0^-117-25 22 0005 05195 HATERTOHN RD D E HERZ t 0 F HERZ DOUGLAS E A DIANE F HERZ 5195 HATERTOJW RD LONG LAKE 55556 58 05-117-25 11 0005 00095 LEAF ST E C GRAHAH JR ETAL E C GRAHAH JR 95 LEAF ST LONG LAKE HN 55556 58 32-118-25 0002 05280 HATERTOHN RO D A H HART DOUGLAS H HART 5280 HATERTOm ROAD LONG LAKE It4 55556 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEH PROPERTY OJtiERS LIST 58 OR-117-25 22 0007 00025 CYGtIET PL JOSEPH S A AMI L FISCHER JOSEPH S A AMI L FISCHER 25 CYGNET PLACE LONG LAKE MN 55556 58 52-118-25 61 0001 00058 ADDRESS UNASSIGNEO PAUL A STUBDS LYNDON STUODS ^ 185 OLD CRYSTAL BAY RD LONG LAKE MN 55556 58 52-118-23 66 0005 05280 HATERT0FA4 RO D A H HART DOUGLAS H HART 5280 HATERTOTtT ROAD LONG LAKE HN 55556 REPORT NO. PI655401 PAGE 73 38 05-117-25 11 0001 05265 MATERTOFtI RO C A A RHAHE ^ CARL P RHAHE 5265 NATERTOITN ROAD LONG LAKE M4 51i356 58 52-118-23 66 0001 03220 HATERTOHN RD CAROL L SEM4 ^ CAROL L SEr«4 960 S DR0FA4 ROAD HAYZaTA m 55391 TOTAL BATCH Oil 00008 o 10 J hlhdhuL^ll’ 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATIOt^ OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErJNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF TfY KNONLEDGE AND BELIEF. DATE lild Alcu/J XX a 5'4 • ^) hH{l> Cli LEGAL DESCRIl'T ION INI URHAT tON JNQUIRY CODE 103 PROPERTY ID 33 iiO 23 32 0001 PAGE 1 PSC'C NEXT = SCH D5T 278 WTRSHD 3 SWR DSJ IFPROJ ^ EARLIEST DELING} YR ACREAGE 62.86 OWNER DORSET DEVELOPMENT INC PROP ADDR 3140 WATERTOWN RD TAXPAY N/A DORSET DEVELOPMENT INC ""3125 FOX ST LONG LAKE MN 55356 07/17 MUNIC 38 PLAT 41333 PARCEL 1215 DIV STATUS . _ _ _ _ _ _ __ _ _ _ _ LAST STAT CMC VERF' LEGAL CUNDMM I LOT DLOCK PREVIOUS OWNER _ _ _ . _ _ _ _ _ II J PAMUSKA ETAL APPROX PARCEL SI7E TRAN DATES ADDN UNPLATTED 33 118 23 i Ai)i)N DATE FILED / / METES / BOUNDS DESCRIPTION y 869 FT OF S 1 WO FT OF W 1 /2 .ji sw i/4 lying; n of s iwo ft OF SW 1/4 AND that PART 0F„ W 1/2 TFiOF EX ROAD AND RR R/W ^ ^ m *5il - •. - _ _ li /• ‘ T • - • .i • i * ♦ : • To: Prom: Date: Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator March 1, 1990 D Subject: #1506 Carol Senn, 3220 Watertown Road - Septic System Testing Review I walked this property in February 1990 prior to the subdivision application at the request of the surveyor. Septic testing had been completed in December, and the test holes were staked. I would like to make the following regarding the proposed drainfield sites: 1. Lot 1 is a 5.25 acre proposed building site, with 2.57 acres of contiguous dry buildable. For purposes of the Carlson subdivision adjacent to the east, the 970' contour was accepted as the flood plain elevation, and that would appear to be an acceptable elevation for flood plain in Lot 1. Further detailed analysis downstream might allow a lowering of the flood plain elevation in Lot 1 if that becomes a critical issue. 2. Both primary and alternate drainfield sites have been tested for Lot 1. The sites are generally on a peninsula of higher ground extending from the proposed building site. Both sites are substantially above the flood plain and are acceptable for mound drainfiel. Both sites are more than 75' from the defined chan' «•' ■ ‘‘ creek. These sites are designed for a 4-bedroom ^ could be lengthened if necessary to accommodate a 5-b?ui.oom home. 3. Based upon the above information, I would recommend approval of Lot 1 as a reasonable building site with adequate sewage treatment sites. 4. Lot 2 is proposed to contain 2.83 acres, all of which is dry buildable land. Two drainfield sites have been tested directly east and northeast of the existing boarded up house. Both these sites are acceptable for mound sewage treatment systems. Watertown Pd - Septic System Testing Review #1506 carol Senn, 3220 Watertown March 1, 1990 Page 2 of 2 5. Because runoff from the ®"a'’iu«n«e‘'“sUes''on flows generally a swale would need to be Lot 2 towards -[tes to keep them fromprovided between those two si s better solution would be affected by spring carlson subdivision to theto direct all tun-off from the ca^r^i^^ subdivision, ditch along Watertown Road, poad westward to the continue that ‘^ttch al 9 these drainfield creek. This would ° ^tia 1 for saturation due to with a greatly transient surface water flows. ^Uar*ana*“ori/iSo\*'he"sxprct^/to%Tf«t^S^ the creek. 7. Bavin, walked f“;irtTat'ydufona7'd%afnfiM^ |ftU“citl"be'locatld t"o support a third lot within this propertypropet'-Jf _ .. 8. Within Lot 1, the ^appeared to proposed house contains tree in the middle of that low be a fairly large be significant as a wetland, spot. This did not on ^our designated wetlands and does not show be any compelling reason to ?f,SireT^d%ra^4 efseS^ov^^r this^low area. ------------------- affected by the creek.arrectcu wj in summary, I would ^J?m^a\7 a‘^“‘al\“e\'’na\VUwa\"a%\rm*ent moLd drainfiald systems. ry anu ------------------ - ^ H to Ke,ardln, the P'°P°=®/J’Jjt'rprivaK^drVvCTaV""^^^^^ H'the ”ryul"red’';r!nc?pai structure setb,^ Ve°,’’u^:drt“aJ"i,ht Sa?ro"w'“house”’dlpic\ed on the survey.) D i ■i I !, » L*JLlOW/m toi •• n - % • I '3r ^rfiiri-' Vr’3;:Jj6s^Jl'!Ok' ‘•V. #. **- r• •.•'> ! -• i 1 .i>» 1 ! •/ ! ^ 1 • f • •-ll' \: **. T*-■V • f ■, 7^ i\; I ■■■••M nit •;• • • • • - i%4 ..-Tr . “•-'T-' < -*^>*' ** Z*^, - • ,i I ••.•■* '• -•••' / j^ L. ». ^ 4rr^Vr/v ' 4- 9 r-d- <1 ^ : >• B’ ^:t M l»M• • <% • tiurtt rrJV X- S' T-"— • ••• I • .. ‘J—••—- i \ MM mtu INDIAN CHECK •V»JI LOCATION MAH TO: PROM: DATE: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Jeaanne A. Mabusth, Building & Zoning Administrator March 13, 1990 Subject: #1493 Chuck Downey, 2665 Casco Point Road - Variance - Continuation of Public Hearing Pertinent Ordinance - Section 10.22, Subdivision 2 - Hardcover 75* Setback Area » 4,500 s.f. Existing Hardcover = 550 s.f. or 12.2% [no change proposed] 75-250' Setback Area = 8,350 s.f. Allowed = 2,087.5 s.f. or 25% Existing per applicant's original site plan for 1982 ■ 3,760 s.f. or 45% Original staff estimate® 4,363 s.f. or 52% Amended staff estimate ® 4,516 s.f. or 54%* Hardcover proposed for removal by applicant - 634 s.f. (refer to Exhibit L) Required hardcover removal to meet Planning Commission's Directive must be 756 s.f. if 45% hardcover is maintained * In a reinspection of proposed areas of existing hardcover to be removed, staff noted the following additional hardcover not included in a original estimates (review Exhibit L): A * Landscape area with underlying plastic B ■ Overlapping deck, structure, stairs and landscape area with underlying plastic Additional Exhibits: K « Planning Commission Action Notice L " Revised Site Plan Zoning File #1493 March 13, 1990 Page Two of Two to hoJ"d r//cc‘v “er;t‘ f54''5*0.“rbi"c1. ?o7e ‘'\‘h°o" applicant must remove an additional 122 s!f. of existiJa 8hot'ed®6 3 4 ’’s®f°^^of"*^ submitted by applicant [Exhibit hi delineated wiVh ® w ^ hardcover to be removed andaeiineated with hatch markings. Staff will meet with tho Ptlor to the meeting in order tS ?«ermlne tht additional aiea of existing hardcover to be removed so tha<- ^ho rpplica”tion°’"'"Tf®^°^ amended varianceapplication. if applicant questions staff's estimate anni ir-atn- has the option of having his own surveyor complete an unda<-e rtf existing improvements on the property. complete an update of applicant agrees to maintain hardcover ar d*?# __j presents an amended plan prior to the meeting for staff's review Planning Commission may proceed with formal aof<nn <pK'J ' approval must be subject to the conditions thit fJl e'xistJnS Buil^di^no removal must be completed at the time thi inspection f^7 ne7 ■ ■' ' K ZONING PILE NO. 1493 CITY OP ORONO NOTICE OP PLANNING COMMISSION ACTION P.O. Box 66 „ , « /ftncrystal Bay, MN 55323 473-7357 Date of Notice: 2/26/90 -m 11 I u - ■■ r- _ _ _ _ _ _r__ _ _ _ _ _ _ _ _ _ _ _ _— ^ TO: Chuck Downey COPIES TO: 2664 Casco Point Road Wayzata, MN 55391 TYPE OP APPLICATION: Variances DATE OP MEETING: 2/20/90 VOTE: 5 For 0 Against Planning Commission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission refused to act on the proposed plan for additional hardcover variances over the original amount approved in 1982 at 45% with the variance application that approved your detached yard garage. Please be advised that you may have your surveyor update your survey showing all improvements with concurrent hardcover calculations. As was noted at the meeting, there were several increases in hardcover, improvements noted on the property. Staff has enclosed a copy of the staff sketch used in the review of your current proposal. You may decide to either proceed with an updated survey from a surveyor or you may use the current staff sketch. In any case, an amended plan must maintain hardcover at 45%. Per staff's calculations: 3,760 s.f. or 45% hardcover approved in 1982 4,363 s.f. or 52% existing prior to current proposal 4,393 s.f. or 52.6% proposed with the current application 633 s.f. or 7.6% of hardcover has been increased since 1982 In your revised plan, please note all areas of existing hardcover to be removed should be shown on amended plan. Please note that the amount shown for the area of the house was a typo. The area of the house is confirmed at 1,455 s.f. Please review all totals of hardcover under *Item 1 and you will note that the total is 4,363 s.f. If you wish to be scheduled before the March 19, 1990 meeting of Planning Commission, your revised plan should be submitted no March 7, 1990 to meet the deadline for submission of new information tor tabled items. Please contact my office if you have any questions concerning the above. V\ 'vO .5>* Or! iriraIn of fJiTvcy .‘or r. Clwirlrn Downey of Lrt l}(:, fiprlnp Park IlcnnnpJn Counly, Mliinonoto xal> ?5 t5^r»**»l k. fntfc ^51^0 ♦ 9-j ... V 30001 ^4 fl. ll^r,lo)V^f’|*^i<^t«*l«|) ; ••,* i*.* fkir'Jco^^f'(^r iflinq) I tCo! n#| fl ifi |«rr>pri9Cr^ oriililiOft- 407»* K<»* 1 liorel.y rorlP’y Ihiit Uipi Ip n I rn*? and corror.l ropiTr.RnliUoM n»* n nirvoy ;W’ Ur? liMirvl'irlrfi of Lot 130| SprJn(' Pork, V\^ InriUon of nil *?/.lnl.lnr, bnll'Unf,!* lh»irnf)r.| nnn tho pro|)osed location or n profoncd l:*i|)/ |nr. I 0i PI Senla J Do to : o • : TotM- vl,c. y]^<\ H ^^'fo 111 r: 301 V-V-tt? Iron nnrkor ]/lv\iH ioc< oi' — AyL- rmidon R. Uofflii Rep/4lofco(i4 Uin't 'Jurvoyor iind Plnnnor; '• D)n»: L’»!*e, tUnnorotn [^.eKoo-e. i^CLiy€. S't^oP, To: Prom: Date: Subject Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth/ Building & Zoning Administrator March 12, 1990 #1494 Francis S. Lightly, 3585 Frederick Street - Variances - Referral Back to Planning Commission for Review of Amended Proposal Pertinent Ordinances - Section 10.22, Subdivision 1 (A) - Encroachment of average lakeshore setback line determined from line drawn from closests projects of principal residences to lakeshore. Existing Grade-Level Patio « 10* Proposed Grade-Level Pool/Patio = 30' Encroachment of average lakeshore setback line determined from line drawn from closests project of second story deck with railings. Existing Grade-Level Patio « 5' Proposed Grade-Level Pool/Patio = 25' Section 10.22, Subdivision 2 - Hardcover variances required within 75-250' setback area: 75-250' Setback Area » 14,520 s.f. Allowed = 3,630 s.f. 25% Existing = 6,791 s.f. or 47% Original Proposed = 6,582 s.f. or 45% Amended Proposed = 6,644 s.f. or 45.7% Net Reduction » 147 s.f. or 1.01% 0-75' Setback Area « No Hardcover 250-500' Setback Area * 4,065 s.f. Allowed » 1,212.5 s.f. or 30% Existing « 960 s.f. or 24% (no change proposed) Lot Coverage for Lots Under 1.99 Acres - A recent ordinance amendment approved by Council will include grade-level pool and patio areas within lot coverage considerations. Proposed amendment will be published March 19th and become effective prior to Council's action. Coverage is as follows: Allowed » 3,174 s.f. or 15% Proposed ■ 3,638 s.f. or 17.2%* Variance » 464 s.f. or 2.2% ! I Zoning File #1494 March 12, 1990 Page 2 of 3 Existing House = Proposed Addition = Pool/Patio * Total 1,550 s.f. 665 s.f. 1,423 s.f. 3,638 s.f. of structural coverage Comparison of Original t Amended Proposals - Structural addition; Original = 750 s.f. Amended = 665 s.f. Driveway: Original Proposal ® 3,088 s.f. Amended Proposal « 3,318 s.f. Patio: Original Proposal * 1,154 s.f. Amended Proposal ■ 1,071 s.f. Additional Exhibits Exhibit P Exhibit Q Exhibit P Exhibit S Exhibit T Exhibit D Applicant's Addendum Planning Commission Action Notice Former Proposal Letter from Insurance Carrier Amended Hardcover Fact Sheets conceptual Plans (elevation, floor plan, site plan) At the March 12th meeting of the Council, Application #1494 applicant’s amended plan. Please refer to the setback determined by the second floor ^ecks. orade-level patio extends 5* in front of that setback - new grade-level pool and patio would extend 20' further from th- existing lakeside patio. As already noted, the Council approved an amendment of the accessory structure ordinance that would now ®“ ^The pool and patio areas within the lot coverage calculations. The applicant is 2.2% over the allowed 15% lot approximate 1/2 acre lot. This ordinance wi 11 ^ jjg March 19, 1990 on the day of its publication. Applicant will b advised of this new information prior to your meeting and will be given an opportunity to submit a revised plan in response to the need for an additional variance. M zoning Fil® March 12, 1990 Page 3 of 3 ^^r^Hcant's insurance encroach residential side lot lines, in upon the adjacen landscaping along t^' ^ii-bouah appli^^^^ si';.:KWSvSidvhas reduced the "°the west side lot line. :^isUn'9 V“?^J?n9%«^''d%»i “rs"proposed for removal adiacen tr^VslroVun’e.^ ‘^“Teuiirte'ase tetet to Section lO.OS lot the necessarv findings of fact. lakeshore setback approval. TO “pool and P*'^‘“ “*“thr new encroachment of the gt^d^^ .^Mts'within the lakeshore yard based on the followi angular shaped lot 1. The Pr»P*“V J = „%h"e“sidrs of the existinc, structure, preventing expans 2. The applfpnt^P" ®®f™he ,jjacent property, on the view windows 3. The “PPl'if?‘;“inTa ”nn* t"«is no need for fen g review yhe Planning ?a ”d:n‘d“u;‘tuUt^ed7h£l’'is» ^applicant's "-'^iginal adoencum „endation. The ro£s.-.;u; „ h, itv."'.--.:-.'.-.®::! s.....-' •■ ■;"■ .... f TO:Orono Building & Zoning Administration Orono r^yor and Council Members Orono Planning Commission Orono City Administration FROM;Fran and Kathy Lightly DATE:March 6, 1990 SUBJECT: Revised Proposal #1494 for an addition at 3585 Frederick Street '•fe have revised our proposal to el imit ate the impact of encroachment on the average lakeshore setback line. We are now proposing a 665 square foot two story addition to the lakeside of the existing structure. The entire addition is behind the average lakeshore setback lines as shewn on our drawings. Only the proposed below grade swimming pool and concrete patio encroaches the average lakeshore setback line. We have attached a letter from our insurance agent stating that the company does rKDt require a fence around the pool. As presented in our original plans v/e are actually proposing a reduction in hardcover from 47% to 45% be removing some existing hardcover (asphalt) on the east side of the structure. Attachments;Letter from Farmers Insurance Group Revised Plans Copy of original proposal Hardcover Calculations ' ZONING PILE NO. 1496 notice op piaotiisg coheissiob actior I CITY OP ORONO Notice: 2/26/90 P.o. BOX 66 473-7357 _ _ _ _ _ _ _ _ _ _crystal Bay, MN 55323 _ _ _ _ _ _ _ _ _ _ _ __ _ _- «rTr:".Tr's:Tr;r=rs‘Lr9buy copies to= 3585 Fredrick Street Wayzata, MN 55391 toe'0^ application: variances_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ !!!!--'- - - - - - - -----"j- - - TOTE! 5 pot 0 ASOlnst date op meeting: 2/20/90 Planning Co—ission racomends the folKwins: Denial for reasons noted below notes and special conditions: 1. .nd special cond ™. ,,, The extent of the encroachment of excesive. 2. excesive. oroposed encroachment Heishhct to the east claiaed aaiot l.pact by the prop Claiming a view impact. 3. establishea by the cuttent ............... oppcttunl-established by the cutrenc a ^ opportunity per our recent phone «"’««“tannC cCnission tot thelr_^reviev-. to present an *"*"??eormally tequestlng the Counc g„aed plans ’rsrr fot^additional consideration. I I IS, ==4 T\ a.—tt==^11-tV '^OCP’ jpB^us^^e, Ttf? L>k.ice '— teH.i*&riMa» cc?sic:p.s:T£ ■. To l^c RCHov'Ct* (^F*PRc»c. !I<?c7 ^03.. ^7. r*. .«4U. ^ ... :,rnjm >Wt ■»« i • • • • • t ^ » . .. . ... — •.‘v • A Spaed XeUeA, FARMERS INSURANCE GROUP OF COMPANIES DATE ■slsHo To whom it concerns N*v, F. Lightly & K. Lightly VASTER NuVSCR ®CX'C» NUV8EROR ^ ?RfVATIC Nuv^fl 90746-31-03 lOAN NUMBER CUiVANT S save date of loss Illinois Fanners Insnrance Group does not require that the insured put up a fence around the swinning pool in order to carry insurance. It you. . have any questions or need any additional information, please give us a call. TliMic you. CC: _ _ FPOM: AM 1 tOOOl W/300 0^400 • 17S^»**.ffOiNy5A DEPT AND PEGlONAi oSir . • • • I , HARDCOVER CALCULATION WORKSHI ZONE: (circle one ) 0-75' Jj5-250^ 250-500' 520-1000' Existing iHardcover in Zone A. House LENGTH ^ X c. D riveway X X X D. Sidewalk e. Patio/ D eck X X X F.Landscape AREAS underlain BY , . plastic SHEETING X X X G. Other WIDTH Total Hardcover in Zone Total Property A rea in Zone S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 4 S.F. S.F S S.F. S.F. S.F. S.F. S.F. I S.F. fX| 1 4-^-2 (O S.F. \T} B X 100 - An % y r SHEETING G. Other X X X S.P. S.F. S.F. Total Hardcover in Zone Total Property Area in Zone S.F. T| S.F. "b1 -T m 14-^*2(0 X 100 A-^ ’■% TO: Jeanne Mabusth Building and Zoning Administrator m t« “•> I FROM: Fran and Kathy Lightly DATE: i-larch 15, 1990 SUBJECr: Revised proposal #1494-3585 Frederick Street we have decided to request a variance in regard to the recently anroended ordinance relating to structural lot coverage. l^overage is calculated at 16.5% taking into amount the h^e a^ aaraae existing lakeside patio and fenced patio by the garage. Our prop^s4d addition including pool and new patio that the fenced area and all existing patio would be removed, resul^ irfa structural coverage of 17.2%. The net increase coverage is le-.s rtc arel and actually is less than 150 square feet based on the small size of our lot. We have worked on these plans for almost 8 months. We have tried t-o conform as closely as possible to the various building ordinances ralatina to set backs, hardcover and now structural coverage. Midships relatil!^ S Susual lot conditions have nade it diffi^lt to ^nf^m in pvprv resoect These hardships included narrowness of our lot, small S shape as'^well as other ^g a^ac^al difficulties detailed in our original application. We ^ ?;dt si plication be approved on the basis the fact our proposed plans have a iimal impact 9 recently ammended lot coverage ordiuctnce. Frcin and Kathy Li<fhtly \ i l(7c( To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: Subject: March 14, 1990 #1495 Rodney Johnson, 3740 West Wayzata Boulevard Continutation of Public Hearing Addition Exhibits Exhibit H - Planning Commission Action Notice Exhibit I - Letter From Hennepin County Department Of Transporation Exhibit J - Letter From State of Minnesota Department Of Transporation Exhibit K - Surveyor’s Letter Exhibit L “ Amended Plan Review of Amended Proposal - The applicant's surveyor has submitted an amended plan redesignating the current right-of-way of Highway 12 at a total of 83' and Burlington Northern Railroad right-of-way at 150'. His letter also notes the existence of an access permit "#1969" issued to Cliff Otten in September of 1979 for an access road to the nursery area. The access location and drive have been shown on the revised survey. Please review Exhibit I, the report from Hennepin County Department of Transporation. The County asks for an additional 17' of right-of-way for a total of 50' from the center line of County Road 6. To be consistent with previous City action, Orono will ask for only 7 additional feet, maintaining a total right- of-way of 80' for the County Road. The report from the State Department of Transporation, Exhibit J, seeks no additional right-of-way for Highway 12 noting that the decision as to the actual location for the Highway 12 Corridor will not be resolved for approximately 2 to 3 years. The State asks that any new access to this property be achieved via County Road 6 approving the existing access serving the resident. As this is not a new development v.ith no changes proposed with this subdivision, the plat is not subject to review by the Minnehaha Creek Watershed District. Staff Recommendation - Staff recommends approval of the proposed 2 lot plat application of Rodney L. Johnson finding thav the subdivision application •»atisfies all standards of the RR-IB Rural Residential Zoning Distict, subdivision regulations for a Class III subdivision and on site septic codes of the City. Each lot has been found to have adequate frontar? on both state and county road. Approval is subject to the followinq conditions? Zoning File #1495 March 14, 1990 Page 2 of 2 2. Drainage and utilities easement shall be d along all perimeter PtopertV lines and 5 along lot lines of the proposed Lots 1 and 3. Dedication of V of additional right-of-way for County Road 6. 4. Payment of a park fee ^g®fQ°%arcel^A*^because it isB of $100.00. There xs no charge for parcex « a developed lot. 5. The City reaffirms .=fP'°;®g^a°'y*stoo" u«"on tha%\"e"ori4nal condition that no stoch shall be sold from this site still in effect. ■ • H ZONING PILE NO. 1495 city op orono notice op planning commission action P.O. Box 66 „Crystal Bay, MW 55323 473-7357 Date of Notice2^^2/26/90^ TO: R.-dney L. Johnson COPIES TO: Clifford L. Otten 3740 West Wayzata Blvd 2182 Homestead Trail Long Lake, HN 55356 Medina, MN 55356 TYPE OP APPLICATION: Preliminary Subdivision DATE OP MEETING: 2/20/90 VOTE: 5 For 0 Against Planning Commission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: The Planning Commission asked for the tabling of the application until both the state and County Departments of Transportation determine the amount of additional right-of-way to be obtained from the subject property. The Planning Commission was specifically concerned with the potential impact on the street setback of the principal structure. The Planning Commission had no other concern with the subdivision review, but did ask that the owner of Parcel B obtain official approval for an access to the nursery area via County Road 6. Owners should contact County Department of Transportation for the necessary permi*.. staff will send you copies of the written responses from County and state Departments of Transportation as loon as the City is in receipt. Please contact my office if you huve any questions coi.cerning the above. I :P HENNEPIN DEPARTMENT OF PUBLIC WORKS Engineering Division 320 Washington Ave. South Hopkins, Minnesota 55343-8468 Phone: (6'12) 935-3381 February 27, 1990 Ms. Jeanne Mabusth Building and Zoning Administrator City of Orono P. 0, Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: RE:Proposed Subdivision - Rodney Johnson CSAH 6, North side, approximately 750 feet east of TH 12 Section 29/32, Township 118, Range 23 Hennepin County No. 1811 Review and Recommendations We reviewed the above subdivision and make the following comments: - For future improvements to CSAH 6 the developer should deolcate an additional 17 feet of right of way along CSAH 6 making the right of way 50 feet from the center of CSAH 6. - Any access from this parcel to CSAH 6 will require an approved Hennepin County entrance permit before beginning any construction. Contact our Operations Oivision for entrance permit forms. All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Operations Division for utility permit forms. The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, Dennis L. Hansen, P.E. Transportation Planning Engineer DLH/LDW:lw HENNEPIN COUNTY an equal opportunity employer Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Min Golden Valley Office, 2055 North Lilac Drive, Golden Valley, \ March 9, 1990 Reply to Telephone No.593-8405 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono P. O. Bo:: 66 Crystal Bay, Minnesota 55323 Municipal Offices In P.eply Refer Tc: 315 C.S. 2713 (TH 12) Orono MB Quadrant TH 12 & CSAH 6 Section 29 & 32, Twp 113.M, Range 23W Proposed Lot Subdivision Dear Jear.ne: We are in receipt of the cibove referenced plat for our review in accordance with Minnesota Statutes 505.02 and 5C5.03 Plats and Surveys. V/e find the plat acceptable for further development with consideration of the following comments: - This is a high accident area, one of the worst in our district. We would prefer that any new access to this property be off CSAH 6. - Current drainage patterns and rate of runoff should be maintained. The development plat should be reviewed by Minnehaha Creek Watershea. - TH 12 upgrade in this area is uncertain at this point and a decision as to location change is :ninimum 2-3 years frcni now. If you have any questions in regard to this review, please contact Rick Dalton at 593-8523. Thank you for your cooperation in this matter. Sincerely, ^.T. Povich Assistant District Engineer cc: Steve Keefe - Metro Council Kenneth Felger - Hennepin Co. Surveyor Les Weigelt - Hennepin Co. A , \ / ^MINNESOTA 1990 /\n Equal Opportunity Employer K GARY I aABRCL.n.L.S DEM ARS — GABRIEL LAND SURVEYORS, INC 30?0 HARBOR LANE, SUITE 111 PLYMOUTH. MN 5M47 PHO^E (612) SM 0906 February 27, 1990 Jean Mabusth City of Orono P. 0. Box 66 Crystal Bay, MN '1 55323 ‘ i 1 ,rriifc:76< ; 1 • t /D Dear Jean: Attached are revised surveys for the Otten-Johnson land division. I understand there is question as to the right-of-way for Highway 12. One of the reasons for confusion is that I drafted the railroad right-of-way at a 100 foot width rather than 150 feet. Also, Minnetonka Garden Acres was platted in 1913 and at that time the County Road, (now Highway 12) was dedicated as a 66 foot right-of-way. In 1927, the state acquired an easement for more right-of way to build what is now known as State Trunk Highway No. 12. The easement acquisition is filed in Book 1133 of Deeds Page 413 of Hennepin County records. A copy of the Document is attached. In regards to the field entrance on County Road 6, I talked to Mr. Zetteistrom from Hennepin County (935-3381) and he advised me that Mr. Otten built the entrance in September of 1979 in accordance with permit No. 1969 issued by Hennepin County. If you have any further questions regarding this matter, please do not hesitate to call. Verv trulv vours, DEMARS-GABPIEL LAND SURVEYORS, INC. 0 Gab ‘iel GLG:rr enclosures T(»>OORAPHiC SJRVEVS SU0OIVISX5N D€SIGN 90UN0ARV sunvHvs CONSTRUCTION STAR NO i i! :i w I f To:iMayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Prom:Jeanne A. Mabusth/ Building & Zoning Administrator Date:March 15, 1990 Subject: #1497 vern Larson, 1960 Shoreline Drive - Conditional Use Permit/Variance - Public Hearing Pertinent Ordinance - Section 10.03, Subdivision 5 - A conditional use permit is required for a non-conforming use. The property is located in the LP-IA zoning district. Previous retail use was approved in resolution #2193 (review Exhibit ?), expired June 8, 1988. No commercial use of the property has existed on this site since early 1987. Section 10.03, Subdivision 5 (A) - Per City Attorney's memorandum, a variance to this section will be required as it involves a change from one non-conforming use to another non-conforming use. Section 10.03. Subdivision 5 (E) - Whenever a non-conforming use of structure or land is discontinued and remains discontinued for a period of twelve months, any future use of said structure or land shall be in conformity with the provisions of this zoning chapter. Resolution #2193 expired 6/8/88. Section 10.09, Subdivision 8 - Conditional uses: Lapse of permit. A conditional use permit shall lapse one year following the date on which It became effective, unless prior to that time, a building permit is issued by the Building Inspector and construction is commenced and pursued towards completion on the site, which was the subject of a conditional use permit application. A conditional use permit may be renewed for an additional period of one year provided that the request be filed prior to the expiration of one year from the date when the use permit is filed with the Zoning Administrator. The Council may grant or deny an application for renewal for a conditional use permit. Zoning File #1497 March 15, 1990 Page 2 of 4• It would be the City staff's opinion that the issuance of a building permit was secondary in regard to the principal intent to install a retail operation. Mr. Toberman was advised prior to his letter of August 30, 1988 that his conditional use permit had expired and he would have to apply for a new conditional use permit. The current application itself is a renewal conditional use permit. The building permit was required to make the necessary structural improvements for the non-conforming use to be allowed to open to the public. The commercial use was never installed. Section 10.09, Subdivision 9 - Conditional uses: Lapse of use. Should a conditional use lapse or cease for a period of 6 months, future use shall be in conformance with the terms of the zoning Chapter, unless such lapse of cessation is determined to be due to illness, nature disaster or acts of war. A conditional use is exactly what the term suggests, a use and has no relation to a building permit issued for construction. To staff’s knowledge, none of the three standards set forth in this section is applicable for the lapse of this non-conforming use. The non-conforming use and conditional use standards of the code refer to the use of a property. When a conditional use permit requires structural improvements, a building permit is required and suggests an intent to install new approved use. section 10.03, Subdivision 5 (J) - Applied to uses only: The non-conforming use provisions of the Zoning Chapter apply only to use which land and buildings are put, and do «'Ot apply to situations where location or height of structure, lot size or other factors not involving the use of the premises prevent strict conformance of the zoning Chapter. Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably restrict strict compliance and will generally look with favor on granting a variance under Section 10.08. The City Attorney's memo suggests that such variances may not be able to be granted by the City, and ’hat additional research would be necessary. The granting cz such variances may find us in violation of MN Statute 463.357, subdivision 6 (City cannot grant a use variance). H M i zoning File #1497 March 15, 1990 Page 3 of 4* List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Property Owners List Site Plan Floor Plan Resolution #961 Resolution #2193 City Attorney's Memorandum Staff Sketch Review of Current Application - Mr. Toberman has filed a renewal conditional use permit to install a boat sales/nautical shop retail use on the property. Mr. Larsen, Mr. Toberman's representative, has noted that this use is not specifically for a sailboat operation, but for motorboats. They seek no other changes from the original proposal. They ask for approval of the original site plan submitted with the sailboat operation in the 1987 review (review Exhibit C). Mr. Toberman is in the process of attempting to sell this property. It is impossible for him to sell the property without knowing what the City will allow now that the original conditional use permit has expired. Mr. Toberman has been advised that the City Attorney's office is preparing a memorandum concerning the legal options of the City concerning the future use of this property. The City has made it quite clear to Mr. Toberman that they are concerned with the physical limitations with this site for commercial use. The fact that a commercial use has not been installed on this property within the legal period of time suggests the unsuitability of this site for commercial use. As staff noted before, many of the required improvements set forth in the original conditional use permit in 1987, such as drainage improvements, fencing, landscaping, cosmetic repair of exterior of building, internal modifications per floor plan (Exhibit D) have been completed. In fact, some need upgrading because the property has been vacant and not regularly maintained. ! 5 f i. Zoning File #1497 March 15/ 1990 Page 4 of 4 The Planning Comnilsslon Is esked fr fs%sr^irnUrcSLLro;Tirt:rto approve a conforming use standards of the Zoning Code. H Planning commission recommends denial resDonUs to the pertinent sections of the code and City br?rnfe1e C:ro-£?he cSicerniSg "the '’granting of ^Eenofin th^sitr* development of a single family residence on A) The property consists of 12,080 s.f. in area and is served by sewer but subject to 2 acre setback Would the^Planning Commission recommend variances for a single family residence . . . duplex. lden« " bl “Ln?Isnit'’ 2rth'?Se"su??oundlng"?afte?n'”“i JlllLStial development within the neighborhood? (refer to Exhibit H) r\ What other reasonable uses could be made of this pJoperJy5 ?Se^PpHcant owns the land to the immediate east - 1950 Shoreline Drive. Will ^b^ n^^^stijr?r^L:%s"e%n5^s^rsiq^?vireT"ra;;atiin ?LS"ntnr°CoSssLi"t!ndrtJ«“rhe"proplrty ts "ot suitable for ^rsi?d!“iheirsiror^ .^s^iS^'S2^ira^dr°els^d^r?^e"^^ty!= Please feel free to contact my office prior to the meeting if you have any questions concerning the issues raised i City Attorney's memo or in the City staff memo. i 1 ’ ,11 CITY OP ORONO J>. •7^£ner^J|j .A LAND J1S£ ■#i¥n PROPERTY LOCATION Site Address Property Idsri^i-fication Number (P«IeDe) /^~//?~«33 V-./ 00^0... Please attach legal description to application if not included on required survey. APPLICANT Name Phone (home) V2 ^ ~ OS</^y \/£^P/[J L. _______^Phone (work) S^^-' Address H'?09 Ll//l'^'2A-~rA /?/Ll/£> City Name £/h/ THs. /!A V -7a/<^ • Phone Address IIOff2 itJAi:2AT^ ^l''Z>- Date Property Acquired ~^u.L'l CitY _ _ _ _ _ _ _ _^ I^S*0 _ _ _ (month/year) I ((3^ (de- not) also own the adjacent parcels of land. PEES - CONDITIONAL OSE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee _ _ _ _ $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg S250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more _ _ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $200.00 $250.00 $175.00 $ 50.00 $250.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Appeals Other - see fee schedule PRESENT USB OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST ^ Describe request in detail: n OArt' 2. REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction planr if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 3. 4. 5. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has net been Included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ _ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all Information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Cjut *^4 .rt Date V - Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. tn.I 5 i #1 ( A JL 72 a ■::) r=l i.• J • 12 38 10-11 7-23 31 cOOl GEOPCE F ROVECNO 2010 SFCRELINF ORI VE WAY2A1< MU 55391 38 10-ll7-?3 31 CC8S DANIEL CREAR 1980 STATES AVE bAYZATA HN 55391 38 10-117-23 A2 COOS A C ASCHENBECK JR 1930 SHORELINE DRIVE hAYZATA MN 55391 38 10- 117-23 42 0015 H TOURANCEAU 2060 SPATES AVE HAYZATA MN 55391 38 lC-117-23 42 0022 CRAIG OLSON 1960 SHORaiNE OR WAYZATA MN 55391 38 10-117-23 21 OOC0 PARI ETTA h ANDERSON 2055 SPATES AVE WAYZATA HN 55291 38 10-117-23 31 0095 lEPRY 0 MORSE 2C80 SPATES AVE CPONO MN 55391 28 10-117-23 62 0012 E SOBIE WAYNE 5CC9 EXCELSIOR BLVO APT 126 ST LOUIS PARK MN 55416 -8 10-117-23 42 0017 LYLE VICKERPAN INTERLACHEN LA EXCELSICR MN 55331 ■» ^ ^ • I .Vf W-X . • 38 10-II7-;3 il 0C02 JCHN T SPENCE 2040 NO SHCRP DR HAYZATA MN 55391 £ 38 10-117-23 31 0C90 RICHARD V STINSON 2040 SPATES AVE HAYZATA MN 55391 38 10-117-23 42 0007 / ALAN NETTLESC. ANNE NETTLES 1940 SHORELINE OR QRONO MN 95391 ( 38 10-117-23420016 RONALC j prineas .1960 HERITAGE OR HAYZATA MN 59391 • ••• •• total I 3 00017 I K ( ( 38 VsW-ll7-2^l STATEXJ^g^jf^00«4 38 10-11*. 23 31 U09o HAYZATA MN 99391 OCX 176 CRYSTAL BAY MN 55323 1980 SPATES AVE HAYZATA MN 59391 •« *. i'nt'l? / '• * - * >» —— >‘>S* - ‘..-f .\. -■ ) J- \ * •km li {) I * cl.1 II f "4 f. t •V 4r:l I 0 m ^L. KESOLUTION no. CX!;!3:t3^^- *'^®“ensive Guide ^ WHEREAS tho 7 ^ «nd concihuing use ofST j Code of the rf^ whenever such usa «^ buildings as lawftS^^ P>^ovldes for the l«ve r" ‘“*“1 “« wder^J ■“"-“nforatag „„ ‘" ''•* code; «« beJir"!^ uiSj'^S^, W4iiinge ^£R£AS rVia» non-confonning use of described below i, • ....., .::rr “ condlclons: described property I- Property Description "-'of Se^ £Fv-nf it-eVo^?” i1 1?.*^ *11 Of Which ll < ^ existing pavemen?^* *^^**^«*‘ly Addition. ‘■‘ ‘"“"'“O CO be ?e^.^',?* ““ Hl.h«y... 2. Tour«Qg«4u ^ • L/^ t" a 4 ____ 9 *ot size: <eve.) U5.58 ft „<d - “•‘ss .i. it: **• t tI I rr ^t- I ivc:;olucion No. rase 2 it ' I i4 '.C ♦♦ 1iai !r •> '-I ’ .V ■1 ‘I £ 3. Existing structures: One single story nasonry gasoline service station 50 ft. long by 27-1/2 ft. wide (1,311 sq. ft 3 consisting of two auto service bays with hoists, one 9 X 12 • SL*n%r - **"“four pumps; one adver.'ising sign base; concrete drives ovi‘r fuel tanks and at pump island, gravel surface elsewhere. A. Existing Ownership: Land otmed in fee by Harriet Tourangeau; part of the land leased to Robert Reutinan since 195A. Reutiman owns the building. Reutlman's Interests sub-leased to Texaco, Inc., in 1963 which leasee s use ceased on or about September 23, 1978. II. Existing Use 1. Since 1963, Texaco, Inc. has subleased station to one or more operators who have used the property for retail gasoline and motor fuel sales, light repair and exhange of parts in motor vehicles. Vehicle service tune-ups, lubrication, tire repair, replacement of exhaust systems, engine parts, etc. Sales included gasoline of variciw grades, tires, batteries; additives, and parts when i.’istailed m the vehicles. ™ 2. Miscellaneous sales Included vending machine sale of soft drinks and cigarettes, 3. Recent year s use has included hours of operation generally running from 6 or 7 A.M. to 6 or 7 P.M. veekdaya. reduced operation Saturdays and no operation on Sundays. A. Recent year's use has NOT included bulk fuel sales, large truck refueling or repairs, auto body repairs, welding, retail or wholesale auto parts sales, retail or wholesale sales of any other commodity except as noted above, or outside storage of parts, equipment or trucks. t p K I .1 tN t •“ > • 1 .— • I !V' i •. 'V-I •' •*. V .t A •••■•^■—■ ■> <•■ ...-livilucion No. • 3 III. Zoning 1. Ordinance 214 adopted November 14, 1978 provided for zoning of this property to LR-IA Single Family Lakeshore Residential consistent with the adjoining properties (and a portion of this property). 2. Prior to Ordinance 214, a portion of this property was zoned B-1 Limited Neighborhood Business District. 3. The B-1 zone provides for gasoline sexrvice station use b> Conditional Use Permit. The LR-IA zone does not allow gasoline service station use except for continuation of the existing use by Conditional Use Permit as a lawful non* conforming use. 4. Even as B-1 zoning, the service station use was non* conforming because of substandard lot size, substandard setbacks and lack of conformance to zoning performance standards. 5. The zoning was planned to be changed from B*I to L&*1A in 1974 concurrent with adoption of the clty*wide rezonixig and implementation of the Comprehensive Guide Plan. IV. Conditional Use Permit for Continued Use 1. This permit is issued as an automatic condition of the rezoning occasioned by Ordinance 214. 2. This property may continue to be used for the existing gasoline service station according to Section 31.100 of the zoning code and according to the conditions set forth below. 3. The manner and extent of the use shall be as previously used. 4. The principal buuiness shall be retail motor fuel sales of various grades of gasoline, specifically including diesel fuel and/or gasahol or similar fuels used for motor vehicle propulsion. S. Accessory business may include other existing usee 1 i;.Lcd in Section II above. 9 -e /. . .♦ t. m •* Resolucion No. Poge 4 .1 'i «• •ri •• •5A }■ /• J IV. Conditional Use Permit for Continued Use (ConC.) 6. Other uses may be considered by the Council upon application and upon a finding that the proposed use is less non~conforming than the above permitted uses. 7. Specifically included in this permit is authority for the following: a) Operation between the hours of 6 A.M. and 10 p.M. dally Including Sundays and Holidays. b) Installation of one new 6,000 gallon underground storage canlcs, subiect to building permit. c) Installation of new or revised pump Islands and fuel pumps, subject to building permit. d) Interior and/or exterior renovation and remodeling of • the building, subject to building permit (and Council review of work where required by Ordinance). e) Installation of new advertising signs not ro exceed size of prior existing signs. 8. Specifically required by this permit as a condition to authorized operation are the following: Installation of traffic separation curbing and landscaping shown on the attached plan and required as a condition to subdivision of the property. Work to be completed no later than July 1, 1979.• Installation of fencing required by Section 38.501 of the zoning code. Work to be completed no later July 1, 1979. 7 c) Closing of rear station window with masonry (per State Building Code). Work to be completed prior to building occupancy. d) Issuance of Certificate of Occupancy by the zoning department prior to opening for business. t. ± -i I A i*r RosoluCion No. Page 5 9. This pennlt is subject to review by the City Council upon violation of the conditions set forth herein or as provUed by Section 32.490 of the zoning code. Adopted by the City Coimcil of the City of Orono at their regular meeting on the h IT regu. William B. Van Nest^ Mayor ATTEST: Walter R. Benson, Clcrk/Administrator . # I*. •••V* •• - » • • • % - • %, • 1 ,• . • • . *• ^ V . Jm City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 219 3 A RBSOLOnOH ClAVriK A COniTlOHAL 081 PIRNIT ^■A MOaZCIPAL SOMZIlC C008 SBCTIOH 10.03. 80B0IVZS10V 5 (J) OROIW SSROUmoa «f«l - file «1112 within the City of Crono (hereinafter Drive located 2. Block I, Touranqeau Aciition; ^ ^ legally described as Lot a tonditio"”'?,*' V.V.rra?h'’ana*f «'“>• 'or gas station/transmission repaid . ^ e*l»ting sales/nautical shop with no boat rVl?ai^r«n “*• intense conar.ercial use of the residen^li^ Site, considered a less of Section 10.03 Subdivision 5 M? n P«r the directivesOf s.cUo„ m Of ‘ and SpoVa“f'nd“9 ^•'°thi'’jrlpo«d‘u* ‘PPlioation than the above permitted uses.” ^ ” **** "®n*conforeing Minnesota ;**°**' 18 IT 1B80LVB0 by the City Council of Oronop PIMDIHCS 1. This application was reviewed as Zoning File #1112. Zoning Disi^ict!^ I*’ *^he LR-lA, Lakeshore Residwntial applicati^on aa^propoVed °a^n°d" r/cVmMm^^ reviewed thefollowing findings: commended approval based on the limited site?*"*** **** ®*^***^'** less demands on the severely is «ore*^oBp^tib^^*^ith"aurr "** Pf^"®lP«l of the property -ndiOxisting l.g.i ^•ge 1 of 5 >•: / • » .V' -* ••• •w. i .A..V « Uig •; V;-‘ . 11 V •» f. .-ii. City of OROINO RESOLUTION OF THE CITY COUNCIL NO. -193_________ F d) The surrounding property owners support the less Intense use as long as boat repairs are not performed on site nor excessive storage of boats allowed in open yard areas* e) The approved site plan for the use will preserve adequate sighting distance at the adjacent intersection. f) The proposed use and concurrent site improvements will have a positive effect on the property values of surrounding residences. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission* reports by the staff and comments of the applicant and the effect of the propose*^ use on the health* safety and welfare of the community. 5. The City Council finds that granting a Conditions! Use Permit to allow a change in the existing use of the property to a boat sales/nautical shop use will not be detrimental to the health, safety or general welfare of the public* would not adversely affect light, air r.or pose a fire hazard or otheTr danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of Zoning Code and Comprehensive Plan of the City. COMCLOSIOMS* ORDER AMD CONDITIONS Based upon one or more of the above findings. i Orono City Council hereby grants a Conditional Use Permit per M. cipal Zoning Code Section 10.03, Subdivision S (J) and Orono Resc cion 19(1 to allow d boat sales/nautical shop use that would replc the existing service station/transmission shop subject to the following conditions: 1. Applicant/owner to execute a developer's agreesient and post a letter of credit by June 30* 1987 to ensure completion of the following items: a) Surface drainage plan - all surface water (runoff) to be treated on site and allowed to enter catch basin on County right-of-way at the same rate runoff w.iuld leave property if it was undeveloped. Plan to be reviewed by the Hennepin County Highway Department and City. Page 2 of 5 • d ■T'J .■ ;v II City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2193 b) Landscape improveaents as follows} 1) The side yard adjacent to 19S0 Shoreline Drive to be buffered by 5 feet of landscapiii9 end privacy fenciOQ up to 30 feet street setback at which point a 3-1/2* fence shall continue to street right-of-way. Existing privacy fence to be repaired. 2) No plantings within County right-of-way nor grassed buffer area adjacent to Spates Avenue and Shoreline Drive. 3) Connect privacy fence to existing fence along rear lot line along northeast portion of property line - do not extend fence to Spates Avenue. 4) Applicant to work with City to provide appropriate natural screening adjacent to lift station and within rear yard green. c) Installation of approved parking plan providing 8 passenger vehicle parking stalls and 7 spaces for boats as follows: 1) Spaces 1 through 4 limited to larger boats not in excess of 25 feet - no masts to be installed. 2) Spaces 5 through 7 limited to smaller boats not in excess of 20 feet - no masts to be installed. d) Removal of underground gas tanks per standards of Oniform Fire Code and underground tank to east of'building used to store oil, etc., wastes from transmission repair operation. Permit from City required. e) Removal of pump island. Permit from City required. access shall serve the proposed use* the Orono staff snail make the final determination regarding the location of the access. 3. Signage to be limited to existing building signs - lighting shall be shielded from all lot linee - post fire lane with signage on east side of building. 4. The change in use will not require additional SAC charges against the property. Applicant/owner is hereby advised that per Orono Resolution fl778 if a full service station use returns to the pro^rty that one additional sewer unit will be assessed and that the deferred assessment will be spread over the same amount of time as all other units*. , ->■* City of ORONO ".•S. RESOLUTION OF THE CITY COUNCIL NO. 2.193---------------- 5. Authorities ^bu pirmissivo only «»d the property for a persit within one X"da« oVctu'ncU expire on that date (June 8, 1988). .. Vioution .« or conditions of this any authority granted herein# ana anaxi «« - - - - 7. The undersigned owner bVhVl^^^ to the terms of this ereby agrees to the recording of rhir»s%“fu'"iri*n%t.*“^?n"*o« J th. proporry. Mopted b, tb. Orono City Council on thi. 8th d.y of du«. rage 4 of 5 *..« Df 5 I G MEMORANDUM TO:Jeanne Mabusth Zoning Administrator FROM:Suesan Pace-Shapiro /‘lcLticu{_-%.Cj^'-yhdt_pcri> Assistant City Attorney DATE: RE: March 8, 1990 Preliminary Opinion Concerning the Conditional Use Permit - 1960 Shoreline Drive Otr File No. 3643-047 You have asked our office to comment on the request for a conditional use permit for property located at 1960 Shoreline Drive. The facts, as we understand them, are set forth below. FACTS On January 1, 1975 the City of Orono ("City") amended its land use regulations and zoning ordinance. The overall intent and purpose of the zoning ordinance is generally set forth in Orono Municipal Code Section 10.01, subd. 2. On Woveinber 14, 1978 Ordinance 214 was adopted rezoning the property located at 1960 Shoreline Drive to LR-IA, One-Family Lakeshore Residential District ("LR-IA") from B-1. Orono Municipal Code Section 10.23 defines the permitted, conditional, and accessory uses allowed in an LR-IA District. Orono Municipal Code Section 10.23, subds. 4 and 5. At the time the LR-IA District was adopted, the property at 1960 Shoreline Drive was used to operate a transmission repair business. Prior to being zoned an LR-IA District, a portion of the property at 1960 Shoreline Drive was zoned B-1, Limited Neighborhood Business District. The property has been used as a gasoline station (including light repairs and service) since 1963. The B-1 District provides for gasoline service stations as a conditional use. Since the B-1 District permits gasoline stations as a conditional use and 1960 Shoreline Drive was used for a gasoline service station prior to the rezoning to LR-IA, the continued operation of the gasoline station was permitted as a lawful non-conforming use. Orono Municipal Code Section 10.03, subd. 5 provides that: I i \ J ^ ' Any land or buildings which were actually and legally devoted to a non-conforming use on January 1, 1975, may be continued in said non-conforming use pursuant to conditional use permit granted as hereinafter specified. On December 18, 1978 the Orono City Council passed Resolution No. 961, establishing a conditional use permit for the permits provided in Orono Municipal Code Section 10.03, subd. 5, A-J. A question has arisen concerning the reason for, and the effect of a provision in the 1978 Conditional Use Permit which provides: Other uses may be considered by the Council upon application and upon a finding that the proposed use is less non-conforming than the above permitted use. (Emphasis added.) I have discussed that orovision with Bruce Malkerson of property owner knew that a variance may be applied considered under appropriate circumstances, to vary the provisions of Code Section 10.3, subd. 5A. Orono Municipal Code Section 10.3, subd. 5A provides that: The non-conforming use may not be changed to another non-conforming use. On June 8, 1987 the City Council passed Resolution No. 2193, granting a second conditional use permi^^^ allow a boat sales/nautical shop use at 1960 Shorelines Dri e, a year from the date the Council approved the conditional use oermit, or the permit will expire. Resolution No. 2193 perpetuated the same language of the Code and Section IV, Item 6 in Resolution No. 961 set forth above. I. raised: »AR THE iq«T rnwmTTONAL USE PERMIT EXPIRED? Based upon these facts, the following questions are -2- -s . •• • (1) Has the 1987 Conditional Use Permit expired? (2) May the City grant a new or an amended conditional use permit? It appears that the 1987 Conditional Use Permit has expired; Under Item 5, Conclusions. Order and Conditions. Resolution No. 2193 provides that: Authorities granted by this conditional use permit run with the property not with the applicant, but are permissive only and must be exercised by application for a oermit within one year of the date of Council approval, or this conditional use permit will expire on that date (June 8, 1988). (Emphasis added.) . property owner may argue that this language can beinterpreted two ways: (1) That the applicant must apply for a building permit within twelve months; or (2) That the applicant must apply for a renewal of the conditional use permit by June 8, 1988. Regardless of the interpretation of the above, the effect appears to be the same. adopts the interpretation that the' 1987 Permit remained effective since the applicant applied for a building permit, the pending conditional use permit requests a change from one non-conforming use to another which may be considered by the City if a variance is applied for and granted to Code Section 10.3, subd. 5A. If the conditional use permit remained in effect, because the applicant secured a building permit prior to June 8, 1988, presuming building permits do not expire, then the Council may consider granting the new permit, only if the Council finds that a variance to Section 10.3, subd. 5A should be granted II.HAS THE 1987 CQHDITIOWAL USE PKRMTT RRRM ara DISCONTINUED ILSR Notwithstanding the issue of whether the applicant's conditional use permit has expired or whether the applicant seeks non-conforming use to another, and whether a variance to Section 10.3, subd. 5A should be granted, there is one -3- further consideration: Has the conditional use permit lapsed because the applicant discontinued use of the property for the purpose for which the conditional use permit was granted? Orono Municipal Code Section 10.3, subd. 5E provides: Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. We understand from staff that the property located at 1960 Shoreline Drive has not been used for sailboat sales and nautical retail store or any other use within the last twelve months. As such, by operation of law under the Code, the 1987 Conditional Use Permit lapsed. If the conditional use permit has lapsed or been abandoned, then under Orono Municipal Code Section 10.3, subd. 5E any prospective use of the property must comply with the permitted uses in an LR-IA District. A fishing supply retail operation is not a permitted use in the LR-IA District. If the 1987 Conditional Use Permit has lapsed, the applicant may only use the property for purposes permitted in an LR-IA District. Since retail operations are not permitted in an LR-IA District, the Council should not approve the application. Arguably, a variance to Code Section 10.3, subd. 5E may also be granted, although there is no Minnesota case on point. I : III. part: SUMMABX. Minnesota Statute Section 463.357, subd. 6 provides in The board of appeals and adjustments or the governing body, as the case may be, may not permit as a variance any use that is noc permitted under the ordinance for property in the zone where the affected person's land is located. Clearly, under usual circumstances, the City could not grant a variance to allow this proposed use. However, the City may be able to grant variances to the "non-conforming use" sections of the Code and perhaps still not violate the above statutory provision. A preliminary review of Minnesota case law does not reveal any case on point. We have not reviewed this issue in other jurisdictions which should be done if the City wishes to consider such variances. -4- / • « • * I Notwithstandin, the u7e pS^when pr/A^wa^r «aoSd3 ^r\,irVhl%rore»/A'A ^Ptaneed a based, in part, because the sai^ ^ forming than a retail operation (marina) was property h- w been used as a transmission repair business. un. jr Section 10.03, marina in Conditional Use Permit has lapsed, subd. 5E of property should be for a permitted use in 'Si rR-lA%“str?A unless^ variance can legally be granted to Section 10.3, subd. 5E. The City Council appears to have three alternatives with regard to the pending application. rniinciT May Deny the APPlicatiPJl» The Council may deny the j^^rina^^withTn the last that the property has not been conditional Use Permit has twelve months, ^'c _A a-he 1.987 Conditional Use Permit has i^^r"'in elsfnce^^ ablndone^ thfn any future use of the property must'be consistent with the zoning ordinance. The Council may deny the^l987 O^nditional Use applicant failed to meet the ^ -permit"" prior to June 8, Permit based relating to what type of permit the ^^prUcanT:rs%f sfc:re^"this is the'most difficult argument to make. flay ADorove the Condit^idnal permit. 2. Since the existing va"e City may grant a Section 10.03^ subd. 5E; however, first applied for and such a variance can even be if the Council to complete our legal research of granted, then we should other jurisdictions to see how ”is;trhtve"" -t^S'the^q" stion of whether or not a variance can be granted to non-conforming use provisions. Deniea-3. As part of any ° t he ”^^itl^'^shou Id ^ determine rh^f^t1irp^oplrty^Vi"n^^ nSt granted for this or other commercial use. -5- w * * • F,. i-. usWn'ci'nf” "'’® «uld beand what the present valiiP oV k», conformance with the Cortf used only tor^el!Sentfirpu°/„os«.'’"I?'^^r be if it%a„°"be eeded to allow such a residpnhiai declensional variances arp 5a??anles = “‘Hin9nes“ to gran^^the'''' IVoilT/.' - there r ZSPS 72 -6- he property could be nance with the Code? uld be if it can he City Council should neededononuc use of the 9 Of the property Planning Conunisslon Chairman Kelley Planning Commission Members ^ City Administrator Bernhardson Jeanne A. Mabusth, Building s Zoning Administrator March 14, 1990 subject: #1500 Erik Celms, #050 Bighwood Road - Variance - Public Hearing Zoning District: lr-Ib Pertinent Ordinance: Section 10.24, Subdivision 5(b) -required. area variance ?ur\1nrProJ^^|f“.»30'-0?5 ^ s,original Proposal = Section 10.22, Subdivision 7 - dc.j ^ . 500-1000' setback area. Review of hardcover within Total Area = 30,000 s.f. Allowed = 10,500 s.f or 35% Proposed » 4,050 s.f. or 13.5% Application: addlt?on^’l "?ot w?d "Varlani; .ppWvVr required an there is 150* lot width adjac» • North Sho^i proposal Highwood Road. Required lot ’dth for^hl^r ^OO' on 140 . In the original apolic cion zoning district is variance review dealt with «r • f®”' review Exhibit E, the commonly owned sewered lots. The existlnn® separation of 52 and part of 53 was approved as rn tn^t^tp^^^'^l®.^® 51, at same variance approved lots 49 and 50 as rbull“din'’g^si4!‘*’ I-lst of ^ibits A - Application Exhibit B - Plat Map n “ f^oP®^^y Owners List 2 " Resolution #2293 ^ i - ‘2 ® “ Hardcover Pacts Exhibit H - Cook's Report i Zoning File #1500 March 14f 1990 Page 2 of 2 Discussion - of this subject property were in 1986 and 1987 variances. The original approved for lot area Jot 49, and 50. The current application proposed only 2 above, current proposal “ltrfa ‘£v„ian=e3 as no« ................ sta. .as .sen provided to Lots 49 and 50.,UCU ------------------ J U 4-Vi The City Engineer has g®approval^ su^^ the City rtarn?nV ^SLerer/ tsoufa PV^o'^aYnatl nXfof' the" culveVt°for :he"°proposea arlveway with the Public Works Director.Ui i. • - There have been a\"ea*ina’^"ot w*iath variances for [:?rifana'"f escrpt''1or the aaaition of Lot 48. ’’“*%raf?To^?a^7co™enaea appro^ fin1?n"|s c7t\“/rn^«soiuritl^ JlaSl ana approvea is subject to the following conditions:Oixowxny ----------------- „ 1. Applicant to |‘"^®^*'city"of" to^^nV'^ssuanceworks Department of the City ot ur of a building permit. r <!^9S 00 sewer trunk charge and $430.00 p«lc /eV at"thfti.e o ”Issuance of a buiiain, permit. ^ .-.an i; A =impirtta";riir"«'’t"he"'?Jun,“o “the b*ulfS^nf P«mit application.3atio*». 4. Deaication /'®^|;“’®he“iaes”f th°e“"county Rosa ana ?I,hwtoS"raarana%"alotp the remainin, siaes. I I 1 ^iSdO Receipc- CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee W.D0tOO ($50.00 per each additional varian Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) ..... % ' -0 'j cmoFORoa OFFICE 1J5QZ m RECEIPT-imS YOU in69S90. cool PROPERTY LOCATION W Site Address Property Identification Number (P.I.D.) Please checlc one - Property _ _ abstract or _ _ torrens? Attach legal description to application if not included on required survey. APPLICANT ^—* * * * * ^ ^ ^ Name -r. ^ Phone (home) \ ^ t 0 r, - ^ . K> Address: 7 _ _ _ Phone (worlc) 7 " " ■ ‘ ^ City: _ _ _ _ Zip; c ? OWNER (if different than applicant) Name _ _ _ _ _ _ _ Phone (home) Phone (wor)c) Address:City;Zip; Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land PRESENT USB OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail: VARIANCES REQUIRED \ Lot Area Setback Variances ( Lot Width Front _ _ Hardcover Side Rear) Other / r / 6^'"■/. . . •' ^ ■ HARDSHJP . en^forleLn^o? «fficulty resulting fro. strict DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS cllrRe|ui?emenLr°'’®"^ conditions preventing compliance with Zoning REQUIRED SUBMITTALS 1. Completed Application Form■ f;r;z.ss“y4™::; s*f.“ ““vs; ss ss;; ■ kSSE " -Tr.... . (obtained with property owners list) _ _Additional items as may be requested by City staff. reLmL^'\"hrt information has not been includedf^ complete if the above Certification by Zoning Department that Variance Applicltlon’ls’ccmpleter’” Zoning Official's Signature „ ^- - - - - - - - - - - - -- _ __ _ _ _ __ _ ___ _ _ _ __ Date _ _ _ APPLICANT'S SIGNATURE «gue?t';V\7\h';^'z?nLrArm!nL\r^aT^^^^^ Ters^rn^d/" Applicant's Signature Date OWNERS SIGNATURE ^Varna:!:^“:ir%^-=„:o"^hh\’^p7o%\‘’rr^; --r - ?sriid";:?inisSi:roi^?hirreg:^s?“ p’^rpos'''orris\%'i: Owner's Signature „ ..__ _ _ _ _ ___ _ _ __ _- --- - - - --- - - - - - - - -- - Date __ _ _ _ _ _ _ _ _ _ review meetinas of must be present at all scheduled a«Sorize'’d Vcen"t arrof/''"'"" a^rang^me'ntsan' Office of this change priSr''to'the 'meetTng ‘ Zoning ^9 from strict :e with Zoning J must obtain 3 Govt Center each of the Iress labels required, any changes fate list of 3n. Please f the above complete. equired or ees and/or tifies that of his/her nd further jnsultants, investiga- before the 5ld on the scheduled plicant is :o have an 1 & Zoning BATCH 002 PROP ADOR OtMER NAME TAXPAYER NAME/ADDR rnurcKii uffifcKS LIST REPORT NO. P1435401 PAGE 3 PROP AOOR 0I«4ER NAME TAXPAYER NAHE/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/ADDR PROP AODR ONNER NAME TAXPAYER NAHE/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 38 07-117-23 44 0023 00038 ADDRESS UNASSIGMEO JULIUS C HALLUM FAIRVIEH HOSPITAL ASSN 2312 S 6TH ST MPLS MN 55454 38 07-117-23 44 0026 04174 HI6HH00D RD M B DEVAAN ALE OEVAAN HERBERT A LORETTA OEVAAN 17605 SUSAN DRIVE M1NNET0FA<A fW 55343 38 07-117-23 44 0029 04148 HIGiniOOD RO JANET L EIOE JANET L EIDE 4148 HIGHHOOO RD hound N’I 55364 38 07-117-23 44 0038 04109 NORTH SHORE OR HARREN J KLIPSTEIN JAMES A LISBETH CLEARY 4109 NO SHORE DR hound HN 55364 58 07-117-23 44 0041 00038 ADDRESS UNASSIGNEO E 6 CELMS A L S CELMS ERIK G A LAURIE S CELMS 3607 BENJAMIN ST N E MPLS MN 55418 38 07-117-23 44 0044 04175 NORTH SHORE OR R A A MAXFIELO ROBERT A ANN M MAXFIELO 4175 NORTH SHORE DR MOUND HN 55364 0024 RD 38 07-117-23 44 04190 HIGMWOOO JAMES P 2UCCARO JAMES P ZUCCARO 4190 HIGIUIOOO RD mound MN 55364 38 07-117-23 44 0027 04166 HIGHHOOO RD HAL OEVAAN HERBERT A LORETTA DEVAAN 17605 SUSAN DR MI^AJETOMKA MN 55343 38 07-117-23 44 0030 04140 HIGHHOOO RO PHILLIP M OTTO PHILLIP M ono 4140 HIGHHOOO RD hound MN 55364 38 07-117-23 4‘« 0039 000.38 ADDRESS UNASSIGNEO HARREN J KLIPSTEIN JAMES A LISBETH CLEARY 4109 NO SHORE DR HOUND MN 55364 38 07-117-23 44 0042 00038 ADDRESS tAIASSIGNCD E 6 CELMS A L S CELMS ERIK G A LAURIE S CELMS 3607 BENJAMIN ST N E MPLS MN 55418 38 07-117-23 44 0045 00038 ADDRESS UNASSIGNEO R A A MAXriELO ROBERT A ANN M MAXFIELO 4175 NORTH SHORE DR MOUND MN 55164 J 38 07-117-23 44 0025 04182 HICHHOOD RD PATRICIA A LINOLAN PATRICIA A LINOLAN 5800 IDLEHOOO RO MOUflO MN 55364 30 07-117-23 44 0028 04150 HIGHHOOO RO ROSS MASSETT ROSS NASSETT 4150 HIGHHOOO RD hound MN 55364 38 07-117-23 44 0031 04132 HIGHITOOO RD SCOTT 6 A CATHERINE ANDERSON SCOTT 6 A CATHERINE ANDERSON 4132 HIGiatOOO ROAD TKXINO MN 55364 78 07-117-23 44 0040 04150 HIGHHOOO RD E R CELMS A L S CELMS ERIK G A LAURIE S CELMS 3607 BENJ/JIIH ST N E MPLS MN 55418 38 07-117-23 44 0043 00038 ADDRESS UNASSmiEO R A A MAXFIELO ROBERT A ANN M MAXFIELO 4175 NORTH SHORE OR mound fffi 55364 38 07-117-23 44 0046 04191 NORTH SCORE DR JOHN R .NOERSON A HIFE JOHN A LILIAN ANDERSON 4191 NORTH SHORE OR HOUND MN 55364 T RUN DATE 02/12/90 t MTCH 002 HEHIEPIH COUNTY PROPERTY ItIFOmiATIOM $YSTEf1 PROPERTY OIWERS LIST REPORT NO. PI<i55401 PAGE <* PROP AOQR 0»tlER NAME TAXPAYER NAME/AOOR PROP AOOR OMNER NAME TAXPAYER NAME/ADOR PROP ADOR OltlER NAME TAXPAYER NAME/ADOR 38 07-117-23 94 0097 09196 NORTH SHORE OR JUNE TOUVE ET AL KEVIN R A LISA TOUVE OLSEN 4196 NORTH SHORE OR MOUND m 55364 38 07-117-23 94 0098 00038 ADDRESS UNASSIOIEO JAMES I TOUVE JUNE TOUVE 1990 SU1PTER AVE NO GOLDEN VALLEY MN 55927 38 07-117-23 99 0099 00038 ADDRESS UNASSIGT4ED JAMES I TOUVE JUNE TOUVE 1990 SUMPTER AVE NO GOLDEN VALLEY HN 55927 38 07-117-23 99 0050 00038 ADDRESS UNASSIGNEO JAMES I TOUVE JUTTE TOUVE 1940 SUMPTER AVE NO 60LDEN VALLEY MN 55927 38 07-117-25 99 0051 00038 ADDRESS UNASSIGliED JAMES 1 TOUVE JUNE TOUVE 1990 SUMPTER AVE NO GULDEN VALLEY 55927 33 07-117-23 99 0052 09190 NORTH SHORE OR DAVID J KAUFORO ETAL OAVID J KAUFHOLD 9190 NORTH SHORE DR MOUTD TM 55369 TOTAL BATCH 002 00029 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF TMIORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEUIEPIN COUFTY DEPARTMENT OF PROPERTY TAXATION> TO THE BEST or MY KNOFllcOGE AND BELIEF. DATE ni y r I JWi ; ^ o» - ; y...4o I------- ^-••vVn9i ......V' ms, cr^ jmf ^ ^ OR Chard pi it 5\< '^i \\ - C4 - s,# >,>■■•■:"- ut ^ y> 5 1^^ 4i - X At I r • TTST •"ft 4 < / ^7<y#y wTT •/ - D City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2293 A RESOLOTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) PILE #1205 WHEREAS, Robert Maxfield (hereinafter "the applicant") is the owner of the property located at 4175 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 49, 50, 51, 52 and the east 1/2 of Lot 53, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new single family residence on combined Lots 49 and 50, comprising 0.46 acre where 1.0 acre in area is normally required, •:nd a lot width of 100 feet where a width of 140 feet is normally requir<‘t . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1205. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance based upon the following findings: A) The existing house proposed to remain on Lots 51, 52 and 1/2 of 53 is located 33* from the ease line of Lot 51, 35' from the west line of the east 1/2 of Lot 53, and 55* from the front lot line, meeting the required setbacks for the LR-IB zoning district. Proposed lot area for the existing house is 0.57 acre in this one-acre district, with a proposed lot width of 125' where 140' width is required. The existing hardcover on these three parcels is within the allowable limits. B) The proposed building site comprised of Lots 49 and 50 will be of width 100 feet and depth 200' for a lot area of 0.46 acres. This lot area and width, taking into account the required yard area, provides a buiding envelope of 80* width and 135' depth, and would allow up to 6,675 s.f. hardcover, providing ample area to construct a single family residence without the need for further variances. Page 1 of 4 D hrTc City of OFtOINO RESOLUTION OF THE CITY COUNCIL NO. 2293_________ C) Lots 49 and 50 ® wer^^ Jot^l c^harge^l front footage. Lots 51' “and 1/2 ofassessment 1970 LS- sewer unit and front ^ _g ^ separate building site 1, Lots 49 and 50 were ^ timevacant and zoned foreven though the property was, at that time, 1-acre minimum lot size. D) A separate sewer stub has been provided to Lots 49 and 50. E) Both the proposed .buildin? cS^on-mnersVil rotrthlor hitr?ee “\pVr^eY - b^u??d^n, “sites in contemporary times in the LR-IB zoning district. tLn™“9»"”rt%“e "crrren ““ d ’ev%\%eS pro%rti\"s‘^ in tL^LR?!! zoning district. - iiTppfor?f arc^s^ortrcrnfy “^Ian^e“n ?hThe"a?th^^\'’iet7^a^nd“:"-':I? the community. 1 ^hat the conditions existing on this 6. The City ft and do not apply generally to other property are peculiar •-+.. t-hat orantina the variance would notproperty in this zoning district; ^hat granting rn^e hazard KvLse^ly aifect "not merely serve as a or other danger to iJ^cessary to alleviate a demon convenience to the applicant, b ^e^essary to preserve a substantial strable hardship or (^iffi , -nd would be in keeping with the S^??trL5\’ntent o%"%hT5on?n'',‘Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Dased upon one or more of Section City Council hereby grants a g^ruction of a single family 10.24, Subdivision 5 (B) to r>ron,»rtv which lots comprise 0.46 acre re/id^nce on Lots 49 and 5° i”„'’area and 140^ feet in width in area and 100 feet in width V^". and grants variances are normally required for construe imi existing residence on Lots 51,to section 10.24, sobdivision 5 (Bl for the existing in area and t5s feet* irwldth" where 1.0 acre and 140' width arc normally require , subject to the following conditions: Page 2 of 4 City of OROIVO CITY"- OF aRowd RESOLUTION OF THE CITY COUNCIL NO. 2293 a-bu!7arnrpeLiff/!:j“a'^rr JbV?9%r 5^° 3. Maximum permitted hardcover i<? fi fi7«; ^ <r50. miocover is 6,675 s.f. on combined Lots 49 and 4. Maximum permitted hardcover is 7 781 ^ ^ wand east 1/2 of 53 'ifoi t..,,. on combined Lots 51, 52 53 must be^compie^d°prior \o^ i^°suance^of^b"^^^^^building site. ^ issuance of buiding permits for either with*?Je°rppl!L1itsftt"!™ P>^°P®«y not applicatiS for"V buiLing by Council approval, or this virfance w-’T9, 1988). ® variance w.li expire on that date (November cond7t\°ons^of "th°is ^Lol^ti^oT shf terms and zoning code, shall automatica 11 y^teJSiSli^'*^® ® violation of the herein, and shall be punishable as^a mYsdemea^r."^ authority granted to t^e%e“^^ril%"b1s%^^“ru"t‘o';^r„/r„"teralYirb ‘^-successors and assigns, hereby aaree^^to^t-hi^ heirs, resolution in the chain of title ^of ^hl property recording of this 1987. Adopted by the Orono City Council on this 9th day of November,. I city of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2293 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) dlO-it day of aJo 198'2^On this __ before me a appeared _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. o^ry Public within and for said county, personally n fYlO /H MOrMW ^ HMNNeWTA My eotnmitilon STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this day of isa'Z before me a Notary Public within and for said County, personally appeared Hn _______________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. V- i My oommi —tow »-®*92 MY COMMISSION EXPIRES4iRi Page 4 of 4 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500'^ 500-1G00' Ekisting H ardcover in Zone ---------- 5^.3-^ _ 6 B. Garage c. Driveway D. Sidewalk E. Patio / Deck G. Other IZ /7 J- IZ F. Landscape ~ MEAS UNDERLAIN BY , ________ PLASTIC SHEETING X X X X , K X X X X X X , X . width 9^ 22- x_Z^ /2 Total H ardcover in Zone Total Property A rea in Zone ^^50 - S • Fi -Z&4- m . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^ S.F. , S.F. . S.F. , S.F. S.F. S.F. S.F. S.F. S.F. m S.F. B B 30,090 X 100 = I2SO % =*!= ■Tl '' '• -I © a. m Bones troo Rosene Anderlik & Associates omc aaftMfML n ioflfw ifliw. n tasrpf) C AMiiPtnL Pf CK*uiis P tuntf. PP jirtcf C aion F» Qierv^ff coeikPi rnfimji I Neyei ■bdm O SffV*icnt M>vvi L lorvi'j. Rem A Go^MA. PI vA/ idirf PI DnrutflC BiAOM Pi jfity A tcufOnn. PC MatiA Kiftion. PI 1MX Pr& PC MiTAjfi T i^Rmjrvi Pf icofnP PW-f. PI OevioO IPIPQU PI Tb«m4> w Pcim«rv PI Mr(^|p4C Pi J«m<5 a MMA| pi P Arotnon Pi MXRl fO.PiPI ft»rn C K\wl a IA TMrfAll AA^i PI HOWMM A SIAM PI Oin«i i SacefMA. Pf Mdr> A Irft M paap J Ca >a ^ pi Mj^it D Pr R Arw|e#M»A A t A (lery P Pv*#ndr Pf M<vt I ;*THfn. Pp I Pntjp C'<vR< a P| Chenci A ftKRMm UoM P«M«i«y HRitjriM OioA WVrfAM iPtfVI (.Pa Engineers & Architects March 13, 1990 City o£ Oroao Box 06 Cryacal Bay, MN S3S2S Attnt Jeanne Mabusth Ret 139-1300 Erik Celna Dear Jeannei W. h.». t«lM.<l th. Stic Clat pcopctt, OB Kocth Shot, B'l';*- «• «“JJ recoamend that drainage eaaeaenta be obtained around the lot T“J culvert to be placed under the proposed driveway should be coordinated with John Cerhardaon. l£ you have any questiont please contact this office Youra very truly, B0NB5TR00, ROSENE, ANDERLIK i ASSOCIATES, INC. Glenn R. Cook CRCsdh CRC/19 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 Certificate. <®f gunJeii Survey Tor BO R PD ^ flfr.LO Boo'k lH- Pago 6*7 File FOR: 97-7 ^3.i \y / ^5;, /^/T). 7S^ ^f.o ‘73.7 (/aa^''°Oauz>, lO /5l^ '3-e hA Prop. lAoosC 7? z/.i?y '1R.33 ^i-it ■ #• /. .K^vjy V'^4j ^fi-' -a / A’-';v^r;v.*c. Z.fGAL DESCRIPTION ^/. Z^T-5 i8,^%/so, HI&HWOOD LfiKE /AlHHETONKfit, hennspj/h county, AIa/ □ = WOOD STAKE PLACED B.M. - .. 5: O * IRON MON. SET L-----BASEMENT ELEV. drainage 000.0 = EXIST. ELEV, 000.0 = PROPOSED ELEV. • = IRON MON. INPLACE J- garage floor ELEV. ■^Pi fr-TOP BLOCK ELEV. E & P 000.0 ' ^^*ST 4 PROP. ELEV. INC. 972-3221 1. 60J1 20a Oeiano. MN 55328 I nareby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State Of Minnesota /) ,—13.^Q.—_ Registration No. 14700 JOB» 3594 Book - Page ^^-21 Scale I ((I ^40 To: From; Date: Jsanne A. Mabusth, Building s Zoning Administrator March 15, 1990 use peVmU %|J“'“;rrl°„lr‘v°“cl'in''= approval of a conditional applicant was required to file subject property, deadline of the Marcri990 meeting of ThVpV^ Plan by a The current application involves the Planning Commission,a commercial site plan review. second part of that review - List of Exhibits Exhibit c - Floor Plan E^hihJJ V “^°°'''s Report Exh-lh^f- p ~ Council Minutes of 12/11/89 Bxhlblt c ’ Conditional Use Permit pjMhJj B Of Sign pJh,-K-^ T " Commercial Site Plan Exhibit I - Elevation Pertinent Ordinance - Section 10,44, Subdivision 6 (A) - Minimum Area = 20,000 s.f. Existing = 13,450 s.f. section 10.44, Subdivision 6 (E, . side setback west Lot Required = 15* Existing » 11'2" Substandard Setback Variance = 3*10- or 26% Street Setback; Required = 35* substandard Setiack%ariLce/pJ?ncipa^ section 10.61, Subdivision 3 (A) - Allowed Individual sign » 50 s f Proposed » 32 s.f. * * I Zoning File #1501 March 15, 1990 Page 2 of 4 Section 10.61, Subdivision 3 (D) - Setback for sign. Required » 18' (front yard required = 20' for sign over 10 s.f. - allowed 2' encroachment) Existing Support structure for Former Sign = 10' Proposed Location for Hew Sign = 10' (applicant is using existing support posts for current sign) Section 10.61, Subdivision 10 (K) - Parking required for professional office. X Parking Space for each 200 s.f. of floor area Total Floor Area = 1,764 s.f. -265 s.f. (reduced 15% for storage area, etc.) TOTAL 1,499 s.f. Net Floor Area 1,499 s.f./200 Required = 7 stalls Proposed = 7 stalls 7.49 or 7 spaces Zoning District - B-5 Limited Neighborhood Business District Review of Comnercial Site Plan - Based on the directives of Resolution #2739, the applicant has applied for the legal combination of Lots 18 and 19, Block 7, Navarre Heights. Applicant has completed all necessary interior Improvements. The veterinary clinic opened sometime around the first of the year. A new sign has been installed within the previous support foundation of the former sign, set 10' off the right-of-way of Shoreline Drive. The 10' setback for signage and parking is consistent with the setbacks approved for previous upgrades/improvements within the Navarre area (Lowell's, Drairy Queen, etc. are all located 10' off the right-of-way). Based on applicant's addendum, a new deck will be installed by April 15th. The deck shall not be allowed to encroach any closer to the street lot line. New siding for the building is planned in the spring of 1990 if financially able, otherwise the building will be painted medium gray with white trim and shutters. The roof is in good condition, approximately 5-6 years old. I Zoning Filo #1501 March 15, 1990 Page 3 of 4 » an earlier -eting, i»e™be„ of the concurred that they wanted tu| city has not adopted Ugh? of the Navarre n^^^^ has a requireda formal redevelopment plan for amendment to implement ?ompr"henslve r^teei abPb “'^ ^ the "city. The City hasthis comprehensive Plan uoarading of this property at?o authority to demand the major upgrad this time. The new veterinary for public usethat the existing structure i in s provided for that and to determine if P<jrK g always beennew use. hanasceping ana signage^^is^s^u^ structural aaaressea when there “ aemanas upon this applicant, hhere ^r"„"orhrn"g"i•nVu°^“u?tert%oa"e^hat Souia reguire any other major change.#.W,0 Please review exhibit D, cook ‘5®a^’‘or40°"east of blacktop area eo'HhV sirvey currently shows approxiniately 38'. The blacktop area f ^.^fned^to green space. The oroperty line must be removed . . . _ ar^'^acent to the signage applicant proposes eat l>Toperty line. Note the and five spruce to the r^ear is to be removed,existing shed within the east lot t th g as the ralkTnVV"air7o ’r" J^e‘"p?in“cVp°a"l^ user of the buiiaing, the veterinian.in 1 ciu • • , l„cat''e'’l'a ‘rA7"a' s^h^retrorin-vl ".‘ult ^ii?;ule"%h%^%o^'?^oS?n^ conditions;ClUlia. 1990.m B) Any change in the level of “®® j°o^,f*'^ooms° or veterinarian, expansio facility would require ^'p"?or"of a new conditional use perait. 2. Plans to install outdoor kennels or pens will require a conditional use permit. , I Zoning File #1501 March 15, 1990 Page 4 of 4 3. Commercial site plans submitted for this review, revised date 1/26/90, shall be amended to include the following: A) Parking area to rear of principal structure within location of stalls 3, 4 and 5 shall be expanded eas tward for a minimum of 40' from the west property line. 4. The 10' wide paved area between stall 1 and the south property line shall be removed and green area restored. 5. Applicant has agreed to either reside existing structure or repaint sometime prior to September deadline date. 6. Any Improvement proposed of the existing deck on the south side of the structure cannot involve an extension closer than the current deck to the street lot line. CITY OP ORONO - GENERAL LAND USE APPLICAT^Ol^ . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROPERTY LOCATION Site Address 357^- Jb^> Property Identification Number (P.I.D.) _ _ _ _ _ _ Please attach legal description to application if not included on required survey. . Phone (home) EC.T \/ /Cl7ri41 £“_ _ _ _^Phone (work) APPLICANT Name Address /<v» city _y/^yg>ajA. zip_s£334 OWNER (if different than applicant) Name J |?|1LH If Phone (home) Phone ^*7 1 "“SZ. 7^— Address iq<ol P&ftfH La/City V/ayy./lT/t zip^SSSSJ __________________________ (month/year) I (do) (^ not) also own the adjadent' parcels of land. CITY OF ORiM) Date Property Acquired i-z/z-zlaq PEES - CONDITIONAL DSE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee 1350200OQQ H 01 ®am R lOo.oo RFiUFr-mm you 16^^ cool KOI 709:30■tfcrt' 02/22/90$ 50.00 For each variance request with CUP applies $125.00 Residential accessory Use $150.00 Institutional (church/ school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more _ _ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS _ _ _ _ $200.00 $250.00 _ _ _ _ $175.00 $ 50.00 _ _ _ _ $250.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Appeals Other - see fee schedule PRESENT USE OP PROPERTY Present Zoning District Present Use of Property NQ^ OCCofsiEO Residential _ _ _ _ ' Other (specify) description op request ” detail: _ _ _ _ _ _ 'n/^'—rTAl»—^jNq AioiNyir^ required submittals 1. Completed Application Form. A • 3. 4. 5. 6. 7. Plat Map. Tono'lfif^h® S“^vey (signed by a licensed surveyor). A? plan, if applicable (see staff for requirements), any other ^er^^ons^ you"tiS'’io?IfieS'of A WoSiNG*?opy®???5°v^v®°!^»^^ COPIES OP LARGE DOC A WORKING COPY (11- X 17" OR SMALLER) FOR *t.t. nrt/’TTMOM__ ^^ ^ TS OR SMALLER) POR ALL DOCUMENTS SUBMITTED. application. Pleasenot application is not complete if the above information h»«not been included.information has Initifls*of°Cle?ical^Staff°®^^^^'"®"^ ^®® ^PP^ication is complete.Date APPLICANT'S SIGNATURE is a”-- Applicant's signature OWNERS SIGNATURE her knowledge. Date _130 L\*hori^Va \Va"soLw’y'° et« application ana further agents, commission members ana (^nnSc^'7 staff, consultants, investigation ana verlf^SST^n i “e-sbcts for purposes ofs request. Owner's signature Date Planning Co^ission Meeting'"^Vlanninc°Conm^ before theAppirJS?t?rutl"i°e%ferei^^" t^r,review meetings of the Plannina CommA,^ ^® P^??ent at all scheduled unable to attend a slhedi?l2d LST^i ®," Council. if an applicant is authorized agent attend in vour nia^ please make arrangements to have an Office Of thl^s chan^rpriir" 4" the'’mle?in"g." Builuing s Zoning I Box 385 . Spring Park MN 55384 612-471-8809 FEBRUARY 22, 1990 CITY OF ORONO .^0 BOX 66 'Crystal ^ay, mn. 55323 ‘.ATTN: JEANNE MABUSTH RE: Zoning file #1478 3572 Shoreline Dr. i Jeanne: 1) Signage: One 4'x8' sign installed in existing 4"x4" post located 10* from property right of way (photo's enclosed and permit is applied for. 2) Lighting: To remain the same. 3) Landscaping: Add trees to front of building by sign and one tree at the rear property line, (see site plan) 4) Approved parking: Two stalls in front, five stalls in the rear i eluding garage, (see new site plan) Would like to leave black top in front in ease of backing up so client can drive forward to Shoreline Dr instead of backing out and creating a traffic hazard. Extend blacktop in rear of building to required length of parking stall, (see site plan) 5) Drainage: According to survey drainage is no problem. 6) Exterior of building: Installing new deck (by April 15th, to meet code. Plan to install new siding in the spring of 1990 if money permits, otherwise we will paint the building light to medium gray with white trim and shutters. The roof appears to be in very good shape approx. 5-6 years old. A new Mechanical system and proper Electrical service has already been completed. All Landscaping and Driveway improvements will be made as soon as weather permits. The shed in the rear will be re moved by April 1, 1990. Thank you for your cooperation and any comments would be appreciated. Sincerely, Robert J. Ritchie I #1478 C ^ t ^ ^ I r-'*1 [ 0 Bonestroo Rosene Anderlik & Associates C::u C iBXn W ^1 C ArdC^iMJ. I fyffV. Pg ji^ei C « Coo*, n T^il f N0>« ^1 t«cfi c n A Co»0o« 01 w ooflc^ oi ^14 C Oi ^ A lOUlOcA. 0| Wjn A Marion 0£ >a < >«Mii or V*/Mri ? •auf.'Tjnr 0| »Wf»T t OVflpre. Of oav< o muou of Thofn^i W ^MOr Of MicrjftC M MA^O V4i«r0 Of feftfw 0 Arocno<^ of MJAO BOiA »f •sort C »WMf». A I A Thonji ! Anguv Of A Untyg. Of Ooniii j igfcnon of M«rn A. StV fl o?tt^ jt Cli^«. o| Ujtl I) Wj»it\ 0| tfnmwH t Andv^w*' A (i4rv * tyvardff. f*C MV\ II Of i Oheky C'A^ Of CMno\ A ir^msA IrO M Oawf lly HJftjr M 0^'iOA iiAjr V eorta C OA Engineers & Architects March 13, 1$90 City of Orooo Box 66 Crystal Bay, MN SS323 AttnI Jeanne Mabusth Ret 139>1B01 Robert Ritchie Dear Jeannei Ve have reviewed the proposed site plan for Robert Ritchie at 3572 Shoreline Drive. Ve would recocmiead approval of the application subject to the following recommendations. The east edge of the blacktop for parking spaces 3, 4 & 5 should be a mlnimua of 40 feet east of the west property line. The blacktop are*i between packing ■pace 2 and the south property lines should be removed and returned to green space. ■‘I If you have any questions please contact this office. Yours very truly. BONESTROO. ROSENE. ANDERLIR & ASSOCIATES. INC. Glenn R. cook GRCtdh GRC/20 r I MINUTES OP THE ORONO COUNCIL MEETING OP DECEMBER 11, 1989 ZONING PILE fl476-PRASS CONTINUED to complete the exterior of the building and an additional 12 months for the interior work to be completed. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to amend Resolution #2738, to require the applicants to apply for a building permit by September 1, 1990, have the exterior work completed within one year and the interior work completed one year beyond that. Motion, Ayes=4, Callahan, Nay, Motion passed. #1478 ROBERT RITCHIE 3572 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2739 Mr. Ritchie was present for this matter, as was Dr. Janet Roshar, the proposed occupant of this property. City Administrator Bernhardson explained this application for a conditional use permit for a veterinarian clinic. CcunciImember Callahan said that the Planning Commission's recommendation was unusual. Callahan questioned the circumstances that could result if the Council denies the application. Callahan recollected that the reason for the Planning Commission recommendation was due to the date of the real estate closing on the property. Mr. Ritchie added that the date for Dr. Roshar to begin her practice was also a pertinent factor in the Planning Commission recommendation . Councilmember Nettles said that any risks would fall on the buyer of the property. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2739, approving the conditional use permit for Robert Ritchie. Motion, Ayes=5, Nays=0, Motion passed. #1480 ED AND GERDA TOTH 725 OLD CRYSTAL BAY ROAD SOUTH VACATION - RESOLUTION #2740 Mr. and Mrs. Toth were present for this review. Assistant Planning and Zoning Administrator Gaffron explained this application for a vacation and rededication of a drainage easement. Gaffron said that the City Engineer has reviewed this proposal and recommends approval of the ication and rededications. In addition, the applicants are rr •.uesring approval of a side setback variance for a deck and app^-^ . ' f an administrative decision denying construction of a fen-v' *;■ the right-of-way of Farview Lane. Gaffron briefly explained the request for a side setback 13 \City of OROIVO ciTvr OF QRQMa RESOLUTION OF THE CITY COUNCIL 2739NO. A RBSOLDTIOH GRANTING A CONDITIONAL DSB PERMIT PER MDNICIPAL ZONING CODE SECTION 10.44r SUBDIVISION 4 (A) FILE #1478 WHEREAS, Robert J. Ritchie (hereinafter "the applicant") has an interest in the property Shoreline Drive within the City of Orono (hereinafter City ^ legally described as Lots 18 & 19, Block 7, Navarre Heights, Hennepin County# Minnesota (hereinafter "property ); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a veterinary clinic for small animals per Municipal Zoning Code Section 10.44, Subdivision 4 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1, This application was reviewed as Zoning File #1478. 2. The property is located in the B~5 Limited Neighborhood Business District requiring 20,000 square feet in area. The property consists of 13,450 square feet. 3. On November 20, 1989, the Orono Planning Commission reviewed the application and recoimended approval of an amended proposal based on the following findings: A) The proposed use meets the intent of the Limited Neighborhood Business District anc the Comprehensive Plan of the City. B) More intense commercial uses of this substandard site have ey^sted on the property without any negative impact on the adjacent properties. C) The veterinary clinic would be limited to the use of one veterinarian. D) The clinic will not maintain animals in outside kennels or pens. Page 1 of 5 I City of OROIVO CtTV*^RESOLUTION OF THE CITY COUNCIL OF NO.2739 QRONO r„rthe"r«e=rc? the^r^posed\se on the health, safety, and welfare of the comnunity. 5. The City Council finds that granting aj:o^nditio^ L%'r”Untal «\°h“e Lal\hrsa"fe/y or general welfare of^the will its use depreciate P P® ^ keeping ‘rth^'tr^fntVnY^nl “oh%1tfves^^:rVh^e “^.oning Code and Comprehensive Plan of the City. CONCLOSIONS, ORDER AND CONDITIONS 1. prior to ^^^iri-^the^iga; lo^^hint^on ^o/lots 18 and 18, Block 7, Navarre Heights. 2. App 1 icant «>"st file for a r9!°f9ro feet^iTo7^th“Vlannin^ further advised that commercial site plan appiic deal with the following items: * Signage * Lighting * Landscaping * Approved Parking : ?!ai “lor't^rE“«ior of the Building 3. All site improvements '®^“^ted as a result of^^t^^ commercial site plan review must be instaiiea y i> 15p 1990. Page 2 of 5 I iI • • J cirv" OF aFrawa City of OROIVO RESOLUTION OF THE CITY COUNCIL 2739 4. Any change looms or proposed III"iSnrt%" th®e’‘^fa4uti' approval of a new conditional use permit. , a. j Ks» i-hi<5 resolution run with the5. Authorities granted th permissive only and property not for a commercial site plan must be exercised conditional use permit Sa^'bV r\’'vlKed"by the Council at their first regular meeting after the deadline date. 6. Violation of or violation conditions of automatically terminate anyof the zoning Code, ^^^all automatical^ authority granted herein, and snaii t> misdemeanor• 7. The undersigned "“^ave re^^^'understood and Roshar, a licensed resolution and on behalfhereby agree to the tetms of this^ assigns, hereby ■ SoreeTo'tJrOeco^dlng of 'this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of December, 1989. ATTEST: /_Lxztp?y-X^. Oo^thy ld7|Hallinr^City )perty^Owher (s)u Page 3 of 5 ■ city of OROIVO CITY^ QF aRQNCt RESOLUTION OF THE CITY COUNCIL 2739NO. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) ss. On this _______ uaj L-t / /-----------------------’ — before me a Netary Pubixo within and for said county, personally ^iUlHlt. J', rKLi£_ _ _ _ _^o me to be ^ Ju^ ov^^cuted the foreqoing //-day of 1989 the person(s) described in atid who executed the foregoing instr^ent, and acknowledged that he (they) executed the same as his (their) free act and deed. O.LlLlL .C /.- Vi HOfAlt PUHIC - miHHWOIA HlNNtPIN county Mv eomm«»:ion , MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) (their) free act and deed. day cf . /990 , before me ,hI5Sw pSbUO ^JIJi^OTA •“^HeNHEPIM COUNTY / NOTARY PUBLIC^/ 9 my COMMISSION EXPIRES Page 5 of 5 Photographs S.^ if *gr ^.♦.1 A.y^ f^l^'§^;i'fe a/ V MSI ^Ifel .*r t.T-; '> ■■4‘w^' I-n: W>i '! ■::; imnr w !| ' f'i ■!?••:!..t I III!. I ^m- i»l »S5f:t'Xs'X-4x<*, K’-'>vXV:y; >X'Vo:X''i ■'■ F;$nr>fc ^'• ? O X FRONT ELEVATION SCALE 1/4- - r.o- “ A^-' o»^ To: Prom: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth/ Building & Zoning Administrator March 14, 1990 #1502 Michael Hilbelink, 2180 Prospect Avenue - Variances - Public Hearing Pertinent Ordinance - Section 10.28, Subdivision 5 (B) A) Lot area variance: Required = 2 acres Existing = 27,040 s.f. or .62 acres Existing Exclusive of Road Easement ® 22,490 s.f. or .516 acres Variance = 64,630 s.f. or 1.48 acres or 74% B) Side Street Setback Variance: Required Setback = 50* Proposed = 22' Variance * 28' or 56% Section 10.03, Subdivision 15 (C) Allowed = 3'6" Proposed » 5' Variance = 1'6" or 42.8% Section 10.03, Subdivision 16 - Traffic Visibility. The fence sha]1 be 3' high, 30* from intersection of projected curb lines at intersection of Briar Street and Prospect Avenue. Note that fence cannot be installed within the road easement of Briar Street. Applicant's survey shows fence encroaching into easement area. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit L - Exhibit M - Application Property Owners List Plat Map Resolution #1836 Staff Memo Sketch of Fill Area - Temporary Easement Profile of Fill Council Minutes of 8/26/85 Easement Agreement Temporary Construction Easement for Sanitary Sewer Public Hearing Notices Survey/Site Plan Zoning File #1502 March 14, 1990 Page 2 of 4 History of Propeirty - The original house on this property was the winter of 1989 as a result of a hazardous building action^ There is no record of the actual location or ®®bbacks for the former residence. Access to the original home was achieved vi Prospect Avenue. Based on staff's recollection ^^^er several visits to this site, the setback of the original structure was approximately 10' from Prospect Avenue. The original structure appeared to be 50'+ from the traveled road of Briar Street. In 1985, a conditional use permit was issued by the City du^’ing the sanitary sewer project for the Crys t a 1 y neighborhood. Review Exhibit C, note that Briar connect from Crystal to Prospect Avenue. As a granting an easement for Briar Street through the properties, the City agreed to do certain filling and drainage improvements for the^affected neighbors. There is a recorded agreement for the property to the immediate north enclosed in your Exhibit I). In that agreement, an underground fj catch basin wa^; installed adjacent to the north line of .he subject property (review Exhibit M). A conditional use permit for th^e Subject property involved the filling of the north yard area to provide gentler grades draining northward the catch basin at Briar Street or to the northwest corner of the property to the catch basin on the adjacent property. The ^ north now voices concern that drainage from this "®'' bouse will imDact the property. The applicant has been advised to d»in.9e pirns'^>r th. new coLtruction. It the property always drained to the nortn and after filling of the propLty, the velocity of drainage was reduced by slo%s. The City may wish to condition approval ^® Fnaineer's review of the final drainage plan. The applicant s surveyor will have drainage plans for review at the Planning Commission meeting. Review of Current Application - It is unfortunate that the City has no record of the exact location of the former residence, but it is aPParent to staff that the proposed side street setback of the new tbe placed further from that side street f®bb®/k line at 22'. The 30' setback is satisfied at the north side The 50' street setback is met from the easement line. ^ road in formally approving the area variance, we muse exclude the road easement portion of the property. zoning File #1502 March 14, 1990 Page 3 of 4 The applicant init^p^^an^t^^^^ building. The appl or^ainal intention to move a house from advises that it was original ^intention^^^ feasible. Sewer Bayside Road to this site available for connection tohas been assessed and a stub is dvaiiaoj-e sanitary sewer. AS noted above, the defined 25* easemen^t ® 7n'^ from the intersecting curb linesstructure can only be from th®sighting of Prospect Avenue and Briar Str noted that two other distance Av“uef “’The one facing Briarhomes are located °n Prospect Aven Street achieves access off Briar street uses Prospect Avenue, ^ocess , , / q/ f^e need to review the Briar pnblic works Department prior to the ?es\\”ce’l'f““eu"imnVpetm?t"eer the new construction. sewere5^«ra"Vegu“5nra3e “s^^^^^ contains predominately 1/2 acre co j/h There are delinquent against the P^oP^ty cUy mult^be in receipt of proof ofa building permit. Tne city mu ^ building permit. payment by the County upon , .. ^ there is approximately Thi applicant should also the h< *.rdous$6,825.84 incurred by the City as^a of b.ing an.essed building action. This will have the opportunity to^r/rhU^\%^7rro'r‘^to\^hV‘formtriis^^sment or‘’d'’ered hy the courts. An approval recommendation for this variance application must include the f^inq permit by the City for irun"tr l?S?“d“e1i°n"gue^n'’t^‘rfa\ ".“fta^rVa^xe/ and special assessments have been paid. 2. New driveway access off of bulidlng by Public works Director prior to the issuance permit. 3. Connection of municipal sewer prior to the issuance Certificate of Occupancy. Zoning File #1502 March 14, 1990 Page 4 of 4 4. The City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit and if the City Engineer feels it necessary, the granting of drainage easements to the City. I CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) - .r-/ PROPERTY LOCATION Site Address S'O OS pgC~/~ Property Identification Number (P.I.D.) /Q //*7 ^ ^ / OO / ^ f 7CVV*.'V. CITY OF OR&iOcTtiMJi'c r<cc^rcr xnrvlu^ Lri I awk. Attach legal description to application if not included on ’"''w'Ei/ required survey- - -Tk. APPLICANT Neune /ThcJlaJ f /4/ /jn k Address:SS^ (bolde/i iJipjji Ok citv! O^tfyio *■' Yicrc TO rlFru^- Phone (hcr»e) V76 Phone (work) 4^7-5~~c^y// zip: OWNER (if different than applicant) Name ^ tQ 7^ 5 Phone (home) S/$/e?/g - J^/j? - /6// Phone (work) _________________ Address: fixPr( City/^Zip: Date Property Acquired o?(raonth/year) I (do) (do not) also own the adjacent parcels of land PRESENT OSE OP PROPERTY Present Zoning District /?!?- LB Present Use of Property /o 7^Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: *70 txn /o’/. VARIANCES REQUIRED Lot Area_ _ _ _ _ _ Lot Width Setback Variances (_ _ _ Front Other _ _ Hardcover Side Rear) AIcj Oa -/ C ^ou TH- Atrt:iSLr' r HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; ^ DESCRIPTION OP ONDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements;_ _ _ _ _ _/fi . 2. 3. 4. REQUIRED SUBMITTALS 1. Completed Application Form Certified Property Owners List of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. S)cetches or plans of floor and elevation views. As an addendum to this application^ please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Clerical Department that Variance Application is complete Initialed by Clerical Staff;_ _ _ _ _ _ _ _ _ _ _ _ _ __ Date_ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best h^,s/her )cnowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby ac)cowlfedges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and /-irification of this request. , , Owner's Signature ^>sDate^^^A ^90 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on hhe third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. \ r 5 ^ r RUN DATE 02/15/90 BATCH 003 MENTiEPIN CCXJKTY PROPERTY INFORMATION SYSTEM PROPERTY 0^»ERS LIST PROP AODR 0NT4ER NAME TAXPAYER NAHE/AOOR PROP ADOR 0»^tlER NAME TAXPAYER NAME/AODR PROP AODR OHNER NAME TAXPAYER NAME/AODR PROP AODR OHNER NAME TAXPAYER NAME/AODR PROP AODR OHNER NAME TAXPAYER NAME/AODR r 38 10-117-23 23 000^ 00038 ADDRESS UNASSICHEO riED VK ET AL NED INC 1212 E HAYZATA BLVO HAYZATA Mil 55391 38 10-117-23 31 0018 02170 BOBBY 0 D08BY 0 BOX 123 CRYSTAL BAY tf4 PROSPECT AVE JOHNSON A NIFE JOHNSON 55323 38 10-117-23 31 0036 02160 CRYSTAL AVE M A J BLUE MARCUS J A JUDY A BLUE BOX 62 CRYSTAL DAY MN 55323 38 10-117-23 31 0051 01335 ARBOR ST BARBARA J GARCIA BARBARA J GARCIA 1335 ARBOR ST HAYZATA MN 55391 38 10-117-23 31 0058 02195 PROSPECT AVE BRIAN L GAMMON PAUL LINOBERG 2195 PROSPECT AVE HAYZATA MN 55391 38 10-117-23 31 0016 02150 PROSPECT AVE IRENE G MOYTCKE MARK A A TINA M NHITE 2150 PROSPECT AVE CRYSTAL DAY MN 55323 38 10-117-23 31 0019 02180 PROSPECT AVE FREDERICK H CURTIS FREDERICK H CURTIS P 0 BOX SS(- FEDHAVEN FL 3365^1 38 10-117-23 31 00^3 01291 BRIAR ST K CURLEY A H KELLETT MR A MRS KEVIN CURLEY 1291 BRIAR ST S CRYSTAL DAY EfI 55323 38 10-117-23 31 0052 01355 ARDOR ST G C PETERSON A J H PETERSON GREGORY A JULIAMNE PETERSON 1355 ARDOR ST HAYZATA III 55391 38 10-117-23 32 0005 02235 FRENCH CREEK CIR DONALD NILLIAh CARLSON DONALD H CARLSON 2235 FRENCH CREEK CIR LONG LAKE MN 55356 REPORT NO. PI^35401 PAGE 5 38 10-117-23 31 0017 02160 PROSPECT AVE PATRICIA D DRUtUtOND PATRICIA D DRUMMOND 2160 PROSPECT AVE CRYSTAL BAY MN 55323 38 10-117-23 31 0035 01295 ARDOR ST ARLENE L HOPPE ARLENE L HOPPE 1295 ARDOR ST HAYZATA MN 55391 CQ‘■-J 38 10-117-25 31 01295 BRIAR ST ALEXANDER J JENTILUCCI ETAL ALEXANDER S DIANE JENTILUCCI 1295 BRIAN ST CRYSTAL BAY MN 55323 Vi ) » * 38 10-117-23 31 0057 01335 BRIAR ST HERBLKT A SHEPHERD ETAL HERBERT A A MARIE C SHEPHERD 1335 BRIAR ST HAYZATA IM 55391 % TOTAL BATCH 003 00016 i RUN DATE 02/15/90 BATCH 005 A. t r } y ( V ' ^*. a • \S ' \ ! ‘‘MLm"ft HEfffICPIN C0UT4TY PROPERTY INFORHATIOt4 SYSTEM PROPERTY OH4ERS LIST REPORT NO. PI^55'»01 PAGE 6 I CERTIFY THAT THE FACTS REPRESErTTEO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORIIATIOfl AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARmENl OF PROPERTY TAXATIOITt TO THE BEST OF MY KNOHLEDGE AND BELIEF. DATE «~!S lOS 1^- Vie >oU>rt I a ao9av iS a o — iH, X ? ? § JS OS OS 05 1 1 2 2?_ >f% _ K - ti — ►>•>r«.fS^,‘a* =i 1 1 1 1 os ? -9 X ?: ;*j OS « if ^“1 “1 JL _i yviya 2 t 901 c*ac *N00 w ^*s «/>2 In in Lrvi-w* - ^ - ”^R ►coo\00 w < 00 IS H09HV s \ irt iS ijviag 3 s-!js to U*> nic I *ltl -5 'S - j ••6J.iu.0{9^r 09 9r^ '' >/. II W «i'*«0S 961 3 iOiino xi'- to !e D eifv^— City ot RESOLUTION OF-tHE. CITY .COUNCIL Q£t - ^aRQNci NO.1'836 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 20 FILE #957 WHEREAS, Fred W. Curtis is the owner of the property located at 2180 Prospect Avenue located within the City of Orono (hereinafter "City") and legally described as follows: In Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian, commencing 515.625 feet North of the Southwest corner of the Northeast quarter of the Southwest quarter, then North 130 feet, then East 208 feet, then South 130 feet, then West 208 feet to the point of beginning, (hereinafter "prop€;rty"); and WHEREAS, on behalf of Fred W. Curtis, the City Public Works Department (acting as applicant) has applied to the City for a Conditional Use Permit to permit the filling of portions of the property with spoil material created by the Crystal Bay Sewer Project, per Municipal Zoning Code Section 10.03, Subdivision 20. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was rev .P'-’ed as Zoning File #957. 2. The property is located in the RR-IB single Family Rural Residential Zoning District. 3. The proposed fill consists of approximatly 370 cubic yards of clean fill material placed over the existing surface to a depth averaging 1 to 2 feet over an area approximatly 100' x 100* in dimension. 4. The proposed fill will help to eliminate a low drainage area which has historically been too wet to maintain but is not considered as ?. wetland area. The fill will help to channelize the overland flow into a maintainable channel. 5. Thisfilling will not create a significant increase in the amount of drainage leaving the Curtis property nor will it have a significant effect on the neighborhood drainage pattern. 6. The City Council has considered this applicat.ion including the findings and recommendations of the Plainning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. Page 1 of 3 D City of OR.OIVO •1 - , •- . ^ r *r>-i [OBQWt^ 1^ r' » . . . . C ■*' ^1 RESOLUTION OF THE CITY COUNCIL NO. ^*^36__________ - ••. m 7. The City Council finds that granting a Conditional Use Permit to allow the placement of fill will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air not pose a fire hazard or other danger to neighboring properties, nor*will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLOSIOMS, ORDER AHD COHDITIONS Based upon the above findings, the Orono City Council hereby grantsa Conditional Use Permit Municipal Zoning Code Section 10.03, Sub division 20, to pertr.it the filling of portions of the property with spoil material created by the Crystal Bay Sewer Project, subject to the following conditions. 1. Placement of fill shall be in accordance with the approved plan submitted by the City Engineer. 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate a .y authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned owner has read, understood and hereby agrees to the terms of this resolution on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain or title of the property. 1985. Adopted ’-«y the Orono City Council on this 26th day of August, ATTEST: V Dorothy M. Hallin, City Clerk Mary C. ^tler. Mayor (1) Property Owner Page 2 of 3 ' * 1 City of ORONO 0 CEFV - GF - RESOLUTION OF THE CITY COUNCIL NO. 1336__________ QRONa M STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of 1985 before me a Notary Public within and for said county, personally appeared the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE or MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 1985, before me a Notary Public within and for said County, personally appeared known to me to be the person (s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 3 of 3 Ir BOMESTROO, ROSCNE, ANDCRUK fi ASSOC^ INC. CONSULTmC ENCINCERS St Paul. MiHMSoU Clitnf 6nur4c PfOiiCt cn.'tSTAv. r.A't Pogt I Proj. No. Dot# iO/l/r Daft CorJc. IS Civ^p 15 f*tA<4 J'^vJ Cml» AfilOht Cor4c> &oU>U U/IKC I^C AiA a - — I f Ntu noyion Jir. m.-n liiiho 'Mrc'A V.’n V V. n I n , *3 5 ^ 1 MinncVonko AM Center 1355 Urior Street p.O. Box ISB Crystal Bay. MN ^53Ji Bobby Johnson 2170 Crystal Avenue p.O. Box l23 Crystal Bay. I'.N '3532 3 Ronald Anderson *i3:5 Arbor Street Crystal Pay, KN 55323 Emory V.’hite 1291 Bri.-ir Street V.ayzata, MM 55391 Busty I i. Assoeintes 15500 Way/atu rivd .^uile '3B V.’.-=^vra, ?'.M rc>o*| Bj jai; 1.. '•-.a:- :, on 1 '■> 0 01 ■ \i n set '' a c Miftu-t oT.ka y.M 55?-M. Jc'ycc F. Spratjue 1()1:2 East Carbner Street V.’avzata, MN 55 1^1 Herbert A. Shepherd 1335 Briar Stre.t Way'/atn, Mr; 5 ‘’'3Vl hrii J i o '"•ar 'i a 1'35 Arbor Street I’.ox 1 1 4 I'ryslal Bay. **.tl 55323 Marcus & Judy Blue ..100 Crystal Avenue P.O. Box 62 Crystal Bay, MN 55323 Irene V.'oytcke 2150 Prospect Avenue P.O. Box 112 Crystal Bay, MN 55323 Alexander iDiane Jentilucci 1295 Briar Street P.O. Box 27 Crystal Bay, MJ; 55323 # 9 5 ‘ / ». - »*i • •*. . i .1 3 1 i4M ir% it!• ::a:::: CIT t or ORONO . Notice Th» t^Cwndi w« i»ld , PuWc M*rt» l„ •' ’*^5 South 1^^ Ro^onMonday.Au^tt je. iMSaltSOrm eondhonal uia pomitt I<k trtng i»TOSo'(SS55*C2 irniime Wrttftn eontm^it «e PU'^s •Tf .v.iiab!e for reviei^ m the O^oul^T Oty o* eVono ®y Cff> Council Jeannt A M-ibusth Zoning AcTn'nl$!fti:M (PybTished in The InVtr Aug 13. I^SS) Affidavit of Publication r *•!!•-• 0* f.*»l•'l•.•^c't 1 C'.iJiifv ol HoMnc'piM {•■ ; M •-•( ||. .-It; M it, .•■,•. -M f.„ •*..!..!»!. .,.•,••} : ,. ... .,.,J ol Ihf pulMShOf f * I*,.. II.....;p.;..., the laker Mound Mm- U-.... j •. .rid ‘i.ii. ,Mc.-.i.,d3v 01 t*ie faMs wh eh a»e ‘ • :t. : L, A • Tfi. ri...‘.i,p,:|.#.f h^.s (o-ipicd v.ilh all the re- nn .fMKiit!, i.c.iist.iiiii'Ki citi..ii*iciilions as a qualified .vr.r*.ir'*.f ;:s rfo.ij.,.d h> Minnesola Statute 331AC7 .i'lU otfier applicable laws as •/ t.-T?. pMf.t.j rfC^A>AJ(^ /A-^Pu: .'•• • ». i; .i!tl.i:ficd v.as tut Irom the columns of said ' .t-nV, P'ntod .rid pub'ishod once c.icti » I. ' / su:.'.'Si.i.e v.ocrV.OCr.S !• ! Ii*.,! : S*i» d Tiit SJ.i. fl*^ ' d IV of . ^9 J ^ •fid v.as tti. »t iMof printed ;ind published every •*•' •'« t I ..‘I.I rn Tucsd.iy tl 1,. (• >1 :• *1 *•: . » * t : I • ‘I y i I f i i f I <*; J I ' ■• f tarn ■I CKKTirjCATi: 01- majmkc STATK OF ^*i2KKFS0TA coui ;ty of HEKKrriK CITY OF ORCKO ) r c- W'JS mailed to the att?rhf.ri iw« ------------------------------------------/urtust }2, 19B''. ^ « Ja.l Ci property of owners on . In V’itnccs Vihf'ico^ i \ this _Tv^nUi______c.-y ‘c5 \u and seal / I I I 9 ♦ J Michael Hilbelink 85 Golden View Dci>/e Long Lake> Min.i. 55356 Jean Mabusth City of Orono P.O. Box 66 Crystal Bay/ Minn. 55323 Re: Lot at 2100 Prospect Ave March 14/ 1990 MAR 1 ;4 1890 Dear Jean/ Regarding the lot application on the property at 2180 Prospect/ I do not have building plans as such. My original intent was to move a 1/500 sq. ft. onto to the lot. I have since abandoned those ^ this point/ do not know if I or someone else will a a spec, home on the property. I have provided a foot print of a home that I feel would fit nicely on that lot. I do realize that if this is approved/ that what ever is submitted in the future will have to be built within those set backs. I hope this answers your questions. I can be reached at H 476-1867 or W 475-2411. Thank you. spectfully</ To:Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froa Jeanne A. Mabusth, Building & Zoning Administrator Date: Subject March 15, 1990 #1504 Arnold Calvert, 2523 Kelly Avenue - Variances - Public Hearing Zoning District - LR-IB Required Area ® 43,560 s.f. or 1 acre Existing - 52,500 s.f. or 1.2 acres Pertinent Ordinance - Section 10.22, Subdivision 1 - Portion of a staircase exiting a second story deck at the lakeshore is located approximately 5' in front of an average lakeshore setback line. No portion of the enclosed structure encroaches the average setback line (review Exhibit H). section 10.02, Subdivision 2 - Variance required within 75- 250* setback area. Total Area ■ 28,000 s.f. Total Hardcover Proposed » 8,339 s.f. or 29.78% (review Exhibit D) Allowed e 7,000 s.f. or 25% No Hardcover proposed within 0-75' setback area Review of hardcover within 250-500' setback area. Total Area - 3,600 s.f. Total Hardcover Proposed » 885 s.f. or 24.5% Allowed = 1,080 s.f. or 30% List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Application Property Owners List Plat Map Hardcover Fact Sheets Polin Letter Elevations Floor Plans survey Review of Application - The property is the last of the parcels created in RLS #1428 to be developed. ±J Zoning File #1504 March 15, 1990 Page 2 of 3 To achieve access to this site, please use the Folin driveway to the west/right of property. Members may feel more comfortable parking out on Kelly Avenue and walking up through the Folin driveway to the site. The two neighbors on either side of the subject property encourage Mr. Calvert to use the existing easement over Folin's property so as not to impact the existing retaining wall and vegetation adjacent to the roadway. Mr. Calvert concurs, the access drive as shown on the survey matches that easement area. It is hoped that with the development of this site, that the applicant will work closely with the Follns to minimize impact on existing improvement. As the factual findings note above, there is a slight encroachment of the average lakeshore setback line by a second story staircase. Please note Exhibit E, Mr. Folin's letter that claims no objection to the deck stairs. The applicant seeks hardcover variances within the 75-250' setback area noting the following hardships: 1. The unusual pie-shape of the lot. 2. Of the total 52,500 s.f., 20,900 s.f. is located within the 0-75' setback area. 3. The average setback line places the building site in the more restrictive portions of the building envelope. 4. The applicant has attempted to minimize hardcover witnin the 250-500' setback area by achieving access via an easement from northwest. 5. Note portions of neighbor's driveway are located within applicant's 250-500' setback area (200 s.f. of existing paving). The proposal does not require hardcover variance within 250-500' setback area. Applicant should advise if a staircase is proposed to achieve access to a lakeshore dock. A building permit would be required and such staircase would have to meet the 4' width and 4x4' safety stop landings as acceptable standards for the City. The property has been assessed for sewer and water and all assessments have been paid. Water is on the west side of Kelly Avenue. Mr. Calvert has been working with the Public Works Department to determine the best means available to hook-up to the municipal systems. Separate utility connection permits are required. r Zoning File #1504 March 15, 1990 Page 3 of 3 Options of Action - Denials If denied, please refer to the pertinent sections of the code for the necessary findings. Approval as submitted. Such approval must be conditioned upon the following: 1. The City will approve of no additional improvements on this property that would be considered hardcover because of excessive hardcover within the 75-250' setback area. 2. A building permit must be obtained for access stairs to lake. Applicant's builder must submit a design of the stairs for review by the Building & zoning Department, noting the standards set forth above. 3. Payment of a SAC fee of $600.00 with the building permit. 4. Access to the site must be via easement from property to the west. 5. Owner is encouraged to work with neighbor to the west to minimize impact on existing improvements. During the process of construction, applicant's builder must note 75' setback line. All construction must remain behind the 75' setback line. No storage of fill is allowed within the lakeshore protected area. 6. Other conditions set forth by the Planning Commission. i CITY OF OROHO - VMIXAHCB APPLICATION </ Initial Application Pee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 . (no change from original application) After-the-Pact Fees (Double application fee)#1 A < •% % • PROPERTY LOCATION Site Address 2SZ3 k.€LLY— CITY OF PRQID FlHAia OFFICE ^ 1250200m #m Property Identification Number (P.I.D.) Attach legal description to application if not Included on required survey. ______________ APPLICANT Phone (home) “/3ZZ. Name Phone (wor)t) mAddress Cttv!Zips SSH3S’ ONNBR (if different than applicant) Name _ _ _ _^ _ _ _ ___ _ Phone (home) Phone (wor)c) Address :City;Zip: Date Property Acquired (month/year) I («do+ (do not) also own the adjacent parcels of land. PRESENT USB OF PROPERTY Present Zoning District Present Use of Property LR-/S l//CAAyr Residential Other (specify) dIkcRIPTIOII of nagOEST Estimated Construction Cost S, Describe request in ..... 1. ^ VARIANCES REQUIRED Lot Area Setbac)c Variances ( Lot Width Front Hardcover Side _ _ _ Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulatlonc:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ DBSCRIPTION OP ONOSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2, 3. 4. RBQOIRBD SUBMITTALS 1. Completed Application Form Certified Property Owners List of owners within ISO' (you must obtain this list from Hennepin County Department of Finance A*-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certlficace of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. Sketches or plans of floor and elevation views. As an addendum to this application^ please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. TOO ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been includ^l Certification by Clerical Department that Variance Application ij complete. Initialed by Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the infoijrat “tn supplied is true and correct to the best of his/her knowledge. Applicant's Signature ^ Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this recast. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building t Zoning Office of this change prior to the meeting. 'I•I RUN DATE OZ/IS/M BATCN OOS O HEMCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMCRS LIST PROP AOOR OMCR NAME TAXPAYER NAHE/AOOR AOOR OMCR NAME TAXPAYER NAHE/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR SO 20-U7*2S 11 0022 02B2B KELLY AVE C E A H C TROYAK CHARLES E TROYAK 2525 KELLEY AVE EXCELSIOR Ml 55SS1 50 20-117-25 11 0052 00050 AOORESS UNASSIGNED 1ST NATL BAM( OF NAVARRE 1ST NATL SANK OF NAVARRE P O BOX 125 NAVARRE HN 65592 SB 20-117-25 12 0059 OOOSB AOORESS UNASS16NE0 ARNOLO C CALVERT ARNOLO C CALVERT 7404 NYOE PARK CIR MPLS Ml 55455 50 20-117-25 12 0052 02499 KELLY AVE THOMAS R DAHL THOMAS R DAHL 2499 KELLY AVE EXCELSIOR Ml 55551 SB 20-117-25 12 0055 00050 AOORESS UNASSIGNEO DARYLE L UPNOFF ET AL OARYLE L UPHOFF 2497 KELLY AVE EXCELSIOR Ml 55551 REPORT NO. PI455401 PAGE U J 50 20-117-25 11 0025 02545 KELLY AVE 6 T RICHES A H B RICHES GEORGE T A MAXINE B RICHES 2545 KELLY AVE EXCELSIOR Ml FS531 5B 20-117-25 11 0024 05555 SHORELINE DR MOT COMPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO BOX 990 MPLS MN 55440 J D SB 20-117-25 12 0057 02509 KELLY AVE CSC NAOLER CHARLES A CANDICE NADLER 2509 KELLY AVE EXCELSIOR MN 55551 SB 20-117-25 12 005B 02515 KELLY AVE J A J FOLIN JOHN E A JEAN C FOllN 2515 KELLY AVE EXCELSIOR Ml 55551 J J 5B 20-117-25 12 0044 02505 KELLY AVE PETER CHON MARY MANAGMENT PO 255 CHANHASSEN Ml 55317 50 20-117-25 12 0047 00050 AOORESS UNASSIGNEO NAVARRE GOVE HOMEOMCRS ASSC NAVARRE COVE HONE HOMCRS 2499 KELLY AVE EXCELSIOR MN 55551 4 \ ; 5B 20-117-25 12 0055 02501 KELLY AVE JAMES K LINDSAY DANIEL T LINDSAY 2521 HUNTINGTON PT RO E NAY2ATA Ml 55591 50 20-117-25 12 0054 02605 KELLY AVE JAMES K UNDSAY DANIEL T LINDSAY 2521 HUNnNGTON PT IM E NAYZATA mi 55591 I 50 20-117-25 14 0019 02545 KELLY AVE EVERETT J SCHROEOER E J SCHROEOER 2545 KELLY AV EXCELSIOR MN 55351 TOTAL BATCH 005 00014 • •• MM RATE Ot/tS/fO BATCH Otic €* HENNEPIN COUNTY PROPERTY INFORNATION SYSTEM PROPERTY OltlERS LIST REPORT NO. PX4SSR01 PAGE 14 i- , . / f '%f' I Z CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE REST OF HY ICN0HLED6E AND RELIEF DA •ins. . . Ft** lilL 4 7i o «• J 1 1 .•) '.KJ ' C/U/f/iT HARDCOVER CALCUUTION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75“ ExI STING Hardcover in Zone 250-500' 500-1000' A. House LENGTH B. Garage c. Driveway D.. Sidewalk E. Patio/ Deck F.Landscape areasUNDERLAIN BY i . PLASTIC SHEETING G. Other X X . X _ X X X X X X WIDTH Total Hardcover in Zone S.F S.F. • • SiP. S.F S.F. S.F. S.F. s!f. _ S.F. • S.F S.F. S.F S.F D -7? r:;) • - A» • \J- i _ S.F. _ S.F. _ S.F.. _ S.F. _ S.F. Total Property Area in Z one p] 2o.9cr X 100 2£,_1££_8.f. [3 C?. O % / / / I U' 'a. ; ^ • 1 K • • • • , c-uu<U ’-r hardcover calcuution worksheet SETBACK zone: (CIBCLE ONE) 0-75' 250-500 IN Zone • • A. House 500-1000' B. Garage c. D riveway D* Sidewalk sroop 7roofi __ A ej»y X a . ’ 5“//^ length WIDTH X _8 / __X 8 < • t • _ X a s . X a s u^/rA‘ /y X • w ^ 1 • f X a 2 2^ n . s. X s S1 sil S.F S.F, //■» 2.S’J S7 S.F, 2.0 /^-eP J^S.F, E* Jatio / Jeck Sr<SAj FiLandscape areas UNDERUIN . . plastic SHEETING . X . X X X . X _ 90 ^ ^ < S.F. e .S.F. C9 •/ G. Other /i fck - X . X _ S.F. • S.F. . S.F. S.F. /z.? Total Hardcover in Zone Total Property Area in Zone <^33 9 ^ S.F. —-£LL2_s.f. U] zt.ooo .. m X 100 - 29.78 9< /> ’v)- «i ,ig •T* MA. C^LL/OfT HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' (j5Q-500j) 500-1000 Existing H ardcover in Zone UNDERLAIN BY , . PLASTIC SHEETING :ov‘» wC G. Other _ _ _ _ _ X X X X Total Hardcover in Zone Total Property Area in Zone <P^P5- 1600 S.F. S.F. S.F. S.F. S.F. S.F. £ B Sr'S im * loo - 2y. sa % D • • A.H ouse X • S.F.y LENGTH WIDTH 1 * X s •S.F. X \ 3 • • S.F. 1 • •• X 3 S.F. h ' \ I \ X S.F. i I ( \ B.Garage X 3 S.F.y c* • * Driveway X €SO S.F.1 1 • F'x X 2 Oo • sIf. 0..:Sidewalk X •• S.F. X S.F.. i• •X 3 • • S.F.\ E.Jatio/Deck X « . • S.F. ..1 • ** F.Landscape X 8 « S.F.. Y|i AREAS 1 * f* »*■'4 £ i /Itr i •; " , . f # . i •• •/ i-Vwr/'/^-va JL March 5t 1990 2515 Kelly Ave. Orono, Mn City of Orono Building and Zoinlng Dept, 1335 South Brown Hoad Crystal Bay, Mn 55323 To Whom It May Concern: I have reviewed the site ®et25°Uelly^A^J*^“l*a2^the Mr. Calvert’s proposed bJ 2hi» ^ rrh.ictJSJ ?r?:r5e;r:t:"r:s?ch"are unSer%onslderatlon for a variance. Ve^jt-^ly yours B. Folln " e- an C. Folln * Mayor Grabek & Orono Council Memberti Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson 1^. Proa Jeanne A. Mabusth, Building & Zoning Administrator Date:March 15, 1990 Subject:#1507 David 6 Margene Fox, 1645 Bohn's Point Road Variance - Public Hearing toning District - LR-IB Required Area = 1 acre or 43,560 s.f. Existing Area ■ 37,750 s.f. or .86 acres Review of Hardcover - 0-75' Setback Area ■ 0.56% 75-250' setback Area « 6,064 s.f. or 24.16% 250'+ Setback Area » 0% Pertinent Ordinance - Section 10.24, Subdivision 5 (A) - Height. No structure or building shall exceed 2 1/2 stories or 3C in height. Section 10.02, Definition 13 - Building height. The vertical distance from the elevation of the adjoining ground level to the mean distance of the highest gable on a pitched or hip roof. A) Height of building determined at time of issuance of building permit was based on the mean distance between the second floor ceiling joist and the top of the highest gable « 29'. B) Determination at time of the amendment of original building plans - 3rd floor designation windows installed south, west and east elevations. Height determined now from by the mean distance from the 3rd floor ceiling joist to the highest point of the gable roof - 33'6-. Allowed « 30' Variance ■ 3'6" or 11.6% Please review Exhibit G-2, the elevation that depicts the various determinations of height. « ; ti -•‘A h Zoning File #1507 March 15, 1990 Page 2 of 3 List Of Exhibits - Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G- Exhibit G- Exhibit H- Exhibit H Exhibit I - Application - Property Owners List - Plat Map - Site Plan - Building Permit #002402 - Amended Floor Plan - 3rd •1 - North Elevation Approved at Time of Builcing Permit 2 - Amended North Elevation 1 - south Elevation Approved at Time of Building Permit -2 - Amended South Elevation ^ -1 - West Elevation Approved at Time of Building Permit 2 - Amended West ElevationExhibit I- Review of Application - During a routine building inspection, the the addition of windows at the upper third level was advised to submit amended plans for third fl®jr structural changes within roof area. ^hej!°ning staf^ was advised and with the addition the third floor, it was necessary to recalculate the height of the structure. Tne Building Wartment had other concerns t®^«ted to required access from floor area in excess of 500 s.f. Review the floor plan for the third floor (Exhibit F), the Building Department s comments are noted on that plan. The architect for the applicant had worked ”^th an adjacent neighboring property's residence a few years hack, the Wil1 Jam Ulrich home, noting that that structure had window and the height was not determined from the ceiling jo of that third story but rather from the ‘^^®-^®"5viUd”tha^ second floor to the point of the gable roof. J_-tation there has been a change in the review as far as Ration and determination of height based.overn height allowances. The architect claimed that he naa no knowledge that there was any change in from his original dealings with the City with the Olrich residence. Staff advised that there indeed ment, but a change in the Interpretation in the 2 1/2 story height and the impact of high gable structures with a thi story. Li I zoning File #1507 March 15, 1990 Page 3 of 3 If the original plans had noted the windows and had included a third story flood plan, staff could have advised of that change in interpretation. As a result, we are dealing with an after- the-fact height variance application. It is my understanding that the applicants' architect will be present to address the Planning Commission concerning his position on this matter. Options of Action - If this application is denied, a condition of that denial must be to remove the third floor windows not approved in the original building permit application. If approved, applicants should apply for an amended building permit to cover the additional improvements. Id / OP ORONO -> VARIAMCB APPLICATION .itlal Application Fee $175.00 ($50.00 per each additional Renewal Variance Pee $100.00 _ _ _ , (no change from original application \fter-the-Fact Fees (Double application fee) m 175.00 CiEK ; JL 175.00 RECEIPT-7m' YOUamisa cool PROPERTY LOCATION &iu Property Identification Number (P.I.D./ //7 //.. \ttach legal description to application if not Included on required survey. _______________________________ APPLICANT Phone (home) Name > A/ffov Phone (wor)c) ~nS90Cl. Address t U/. __2iP ■ mm mm mm mm mm mm mm mm mm mm ^ mm mm mm mm ^ ONNER (if different than applicant) Phone (home)_- - - - - - - - - -- Name _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _(wor)c)- - - - - - - - - - - - -- Address: _ _ _ _ _ _ _ _ _ _ _ __ _ _ _City:- - - - - - - - - -Zip:- - - - - Date Property Acquired_ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ (month/year) I (do) (do not) also own the adjacent parcels of land._ _ _ _ _ _ _ _ m mm mm mm mm mm mm mm ^m mm mm mm ^m ^m mm PRESENT USE OF PROPERTY Present Zoning District /-P / ^- - - - - - --- Present Use of Property .- - - - -Residential _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _ JESCRIPTIOH OP REQUEST Estimate^ Cc’'-'Struction Cost $ jQfOClQ. - Describe request in detail: ---------------------- /ARIAHCBS REQUIRED _ _ _ Lot Area _ _ _Lot Width _ _ _ _Hardcover Setbaclc Variances ( Front Side -- -- Other I ; i »^ I*. HARDSBIP \ Describe undue hardship or practical difficulty resulting from strxv enforcement of zoning regulations r DBSCRIPTI “ owning requ-Lacions; [IPTIOB OF ONUSUAL PROPERTY CONDITZOHSCONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; /i/Ja_ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ 2. 3. 4. REQOIREO SOBMITTALS 1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). icate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposeu. S)cetches or plans of floor and elevation views. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. S. 6. 7. 8. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A NORKING COPY (11* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application. Please remember that your variaace application is not ccMolete if inforaatlon has not been included. ' " ' Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff;_ _ _ _ _ _ _ _ _ _ _ _ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expanses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. Applicant's Signature Date ONNBRS SIGNATURE The owner hereby ackowledgea and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes cf investiga tion and verification of this request. Owner's Signature 9 all subm N.Date Applicant must have all submittals into the City offices 25 days before the ^**”*'^**9 Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please ma)ce arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I I r I r • ^ . iUN DATE OS/07/90 DATCH 001 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OmERS LIST REPORT NO. PX4S54dl PAGE 1 PROP AOOR ONNER NAME TAXPAYER NAME'AOOR PROP AOOR OlfCR NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR I : C) r r r. so 17-117-ES 11 0001 01665 OONNS POINT RO T DE»0<Y SANFORO ET At T DENNY SANFORO 15500 NAYZATA OLVO STE 019 HAYZATA MN 55S91 36 17-117-23 11 0002 01655 OOHNS POINT RO J DAYTON A E DAYTON J H DAYTON A E J DAYTON 1655 OONNS POINT RO HAYZATA m 55391 30 17-117-23 11 0003 01625 COHNS POINT RO THE OA»i( NAYZATA TRUSTEE THE DANK HAYZATA TRUSTEE C J NINSLOH RETIREMENT TRUST 900 E HAYZATA OLVO HAYZATA m 55391 38 17-117-23 11 0005 01629 OONNS POINT RO 6 R NELSON ADA NELSON 6ERAL0 R A OARSARA A NELSON 1629 OONN*S POINT ROAD HAYZATA MN 55391 38 17-117-23 11 0006 01635 BOHNS POINT RD DOUGLAS H LOHMAR A HIFE DOUGLAS N LOHMAR 1635 BOHNS PT RO HAYZATA HN 55391 38 17-117-23 11 0007 01645 BOHNS POINT RO 0 A N FOX DAVID K A HARGENE FOX 1645 BOHNS POINT RO HAYZATA m 55391 38 17-117-23 11 0008 00038 ADDRESS UNASSIGNED J N DAYTON A E J DAYTON JUDSON N DAYTON 1655 BOHN'S POINT ROAD HAYZATA MN 55391 38 17-117-23 11 0009 00038 ADDRESS UNASSIGNED J N DAYTON A E J DAYTON JUDSON H DAYTON 1655 BOHN'S POINT ROAD HAYZATA MN 55391 38 17-117-23 11 DOlO 00038 ADDRESS UNASSIGNEO J H DAYTON A E J DAYTON JUDSON M DAYTON 1655 BOHN'S POINT ROAD HAYZATA MN 55391 38 17-117-23 11 0011 00038 ADDRESS UNASSIGNEO J M DAYTON A E J DAYTON JUDSON M DAYTON 1655 OOHN'S POINT ROAD NAYZATA MN 55391 38 17-117-23 11 0012 00038 ADDRESS UNASSIGNED J M DAYTON A E J DAYTON JUDSON M DAYTON 1655 BOHN'S POINT ROAD NAYZATA MN 55391 TOTAL BATCH 001 00011 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPART»)ENT OF PROPERTY TAXATION* TO THE BEST OF MY KN0HLED6E AND BELIEF. / j -j DATE A i CITY OP ORORO - NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, March 19, 1990 to review the following land use applications: 1.#1497 Gerald Toberman, the owner of the property located at of 1960 Shoreline Drive, seeks a renewal of a conditional use permit that would allow commercial boat sales as a legal non-conforming use for this residential zoned property. ^ •#1500 Erik G. Celms of 4050 Highwood Road seeks approval of a lot area variance to construct a new single family residence on a property that does not meet the required 1 acre in area. 3.#1501 Robert Ritchie of 3572 Shoreline Drive seeks approval of a commercial site plan for improvements to the property that now contains a newly established veterinary clinic. 4.#1502 Michael Rilbelink seeks approval of lot area, lot width and side setback variances to construct a new residence on the property located ac 2180 Prospect Avenue. 5.#1504 Arnold Calvert seeks approval of hardcover variances within the 75-250' and 250-500' setback areas for construction of a new residence on the property located at 2523 Kelly Avenue. 6.#1507 David Fox of 1645 Bohn's Point Road seeks a height variance for a new residence currently under construction. All persons wishing to be hc'ir " ' " appear at this time. The meeting starts at 7:00 PM. comments are solicited. Plans are available for review in the City offices by appointment. City of Orono By: Planning Commission Jeann^ As/A. Mabusth, Bulldinq s Zonino Aa:ministrator To be published the week of March 5, 1990. r.i rad PERMIT CITY OF ORONO 1335 Brown Rd. South • P.O. Box 66 Crystal Bay, Minnesota 55323 (612) 473-7357 5- PERMIT TYPE: Permit Numoer; Date Issued: BUILDING002402 11/14/85 SITE ADDRESS: 1645 B0HN:5 PT RD L5 P.I.N.: 17-117-23-11-0007 DESCRIPTION: Building Pern>it Type 3ui1ding Work Type UBC Occupancy Construction Type Zoning Building stories S6L FAMILV-NEW RESIDENCE 85 V LR-IB OF DFQHOCTMijrc i-^z’Trc 01 OEH 1864.Z‘ -^oiooo^ 01 OtH i vx/vw f^ff 0* ,T i mj )jx tfWjTwr* REMARKS: 222, J 7t JjvJ.4 SEPARATE PERMITS REQUIRED FOR PLUMB. FEE {<FC£IP7-imK YOU rttvy*.Q>/ wvvi mva » v »w ♦ MECH., WELL, FIREPLACE AND 11/14 VALUATION $4.50,000 Base Fee Plan Review Surcharge Total Fee $ 1,864. .50 $1,211.53 __«225^QQ $.3,301.43 CONTRACTOR: .. Applicant ~ KRAEMER, -JOHN & .SONS, INC 18615721 7136 ARBOR GLEN DRIVE EDEN PRAIRIE MN 55346 (612) 861-5721 ! OWNER: : FOX 1645 ORONO DAVID BOHNS PT RD MN 55391 I THE UNDJRSI^ED '5R0N0'tJF!p I NANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS.i i . 4*4 V. / Q)-OAf rui- Fv-'?'viw* »wBLs •■•'-(tsuip ee»Je cvq* .. . •*■ - - • • . • ••/^ J • f •/. —,-. ^ SOH-f^W---------*■“--------- 3i;:ss: BkIbi " tfvaz, T1BWB5 15<^ ^<;,‘nt+‘nMH «\'Bt.1te*IU»>*v/ _-ir.v-,ir=^;- • ^P->=>ot£.Ba7MO-Vil ;=:.-n-vr7;—-_P*'=>ot4,»a7t4o-Vy e>fUi<^ <JU,;.iNff*—----------“■> u^*;. la » 4^(^t (8«p..vv w ^ »>•:t ’■^jzzr.rzirz ir.^ -f-vr I sr^:—:r:. i*-. ’ ;. • • r eia! BM « a MB«:a3l|2a -mm r-ei^c- c® wA,o h^^: ’ V‘ - ■ . • ST'S S-: •T^ • •? j •« "T «tfffrr •♦'• ••■• ’ : ' *1 : Tt»wt oy», :. V '.V .4 A * i ,.r •5 ~-: .•». w.. ,'vv ■ .• •. : • ; ... ;■ •'-• •■* \ - * %' . BS5"nil an ixr : |S8■b3 : ^TiiyS: -or ilW8 H ’<* 1... jf •• • • :.•■•, :.•, *• i.* % V*. % •v:-v u;;. V c^'.n'*’. .£:*• » ^. Jf.f • *.»*r •• >... ■ V > ^ V • - * ••.: V i- I •*'*;v <-V ' • * • '*•*; {*>••• •• • %. V," .*; 72'. *•5 •'* S •• •■; It'*'; . f • X *• ** **,*v .- .,»■. . , » • . A ^ 1» '2^1 itlJt' !--Is?' ■rrt^y--'ii .■-■■•'•.• ;Sf*U:.f^ tti :-pf~-S'. I■ • .* ;;•:cuaonie •.rVEF. UWB. , . V I ^ /'Cl/#»- / 7o/V — pl(yry^ A, I I $ 9 y'0y-'a% David K. Fox 1645 Bohns Point Road Hayzata, HN 55391 March 14, 1990 Orono Planning Connission City of Orono PO Box 66 Crystal Bay, HN 55323 Dear Comnissioners, We are presently building a new house at 1645 Bohns Point Road. We have been advised by the Orono Building and Zoning Departaent to seek a variance involving this construction. This variance concerns the height of the structure. Our house was designed by Bruce Schaitt and Assoc, of Nayzata. Our building plans, including optional gables facing the front (lake), were subaitted to and a building peralt was Issued by the the City of Orono. Construction started in Deceaber. Subsequently, we asked our architect, Mr. Bruce Schaitt, to investigate as to whether the area above the second floor could be opened up for storage space, without altering the roof structure in any way. We were advised by Mr. Schaitt that the roof trusses could be designed to allow for an attic area without changing the height, shape or appearance of the house. We directed the builder to proceed on that basis. In as auch as the design of the house coaplles with the published code, and the height and shape of the house have not changed in any way froa the plan as approved by the city, we question whether a variance is necessary. However, if you deteralne that a variance is necessary we ask that you provide a favorable recoaaendation. Respectfully,, Da Hargene Fox cctBruce Schaitt : I n . \ 11 i•i { I ‘ I TO: FROM: DATS: Subject: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Jeaanne A. Mabusth, Building 6 Zoning Administrator March 13» 1990 #1493 Chuck Downey, 2665 Casco Point Road - Variance ~ Continuation of Public Hearing 12.2% Pertinent Ordinance ~ Section 10.22, Subdivision 2 - Hardcover 75' Setback Area - 4,500 s.f. Existing Hardcover ■ 550 s.f. or (no change proposed! 75-250' Setback Area ■ 8,350 s.f. Allowed - 2,087.5 s.f. or 25% Existing per applicant's original site plan for 1982 - 3,760 s.f. or 45% Original staff estimate" 4,363 s.f. or 52% Amended staff estimate • 4,516 s.f. or 54%* Hardcover proposed for removal by applicant * 634 s.f. (refer to Exhibit L) Required hardcover removal to meet Commission's Directive must be 756 s.f. if 45% hardcover is maintained * In a reinspection of proposed areas of existing hardcover to be removed, staff noted the following additional hardcover not included in a original estimates (review Exhibit L): A " Landscape area with underlying plastic 3 m Overlapping deck, structure, stairs and landscape area with underlying plastic Additional Exhibits: K ■ Planning Commission Action Notice L “ Revised Site Plan Zoning File #1493 March 13, 1990 Page Two of Two In order to meet the directives of the Planning Commission to hold hardcover at 45% within the 75-250' setback zone, the applicant must remove an additional 122 hardcover. The original plans submitted by applicant [Exhibit LJ showed 634 s.f. of existing hardcover to be removed and delineated with hatch markings. Staff will meet with the applicant prior to the meeting in order to determine the additional area of existing hardcover to be removed so that the Planning Commission can formally act on the amended variance application. If applicant questions staff's estimate, applicant has the option of having his own surveyor complete an update of existing improvements on the property. If the applicant agrees to maintain hardcover at 45% and presents an amended plan prior to the meeting for staff's review. Planning Commission may proceed with formal action. This approval must be subject to the conditions that all existing hardcover scheduled for removal must be completed at the time the Building Inspector makes the footing inspection for new construction. K ZONING PILE NO. 1493 CITY OP ORONO NOTICE OP PLANNING COMMISSION ACTION P.O. Box 66 - . «Crystal Bay, MN 55323 473-7357 Date of Notice: 2/26/90 TO: Chuck Downey COPIES TO: 2664 Casco Point Road Wayzata, MN 55391 TYPE OP APPLICATION: Variances DATE OP MEETING: 2/20/90 VOTE; 5 For 0 Against Planning Coflonission reconends the following: Tabled for reasons noted below MOTES AND SPECIAL CONDITIONS: Planning Commission refused to act on the proposed plan for additional hardcover variances over the original amount approved in 1982 at 45% with the variance application that approved your detached yard garage. Please be advised that you may have your surveyor update your survey showing all improvements with concurrent hardcover calculations. As was noted at the meeting, there were several increases in improvements noted on the property. Staff has enclosed a copy of the staff sketch used in the review of your current proposal. You may decide to either proceed with an updated survey from a surveyor or you may use the current staff sketch. In any case, an amended plan must maintain hardcover at 45%. Per staff's calculations: 3,760 s.f. or 45% hardcover approved in 1982 4,363 s.f. or 52% existing prior tc current proposal 4,393 s.f. or 52.6% proposed with the current application 633 s.f. or 7.6% of hardcover has been increased since 1982 In your revised plan, please note all areas of existing hardcover to be removed should be shown on amended plan. Please note that the amount shown for the area of the house a typo. The area of the house is confirmed at 1,455 s.f. Please review all totals of hardcover under *Item 1 and you will note that the total is 4,36 s • f • If you wish to be scheduled before the March 19, 1990 meeting of the Planning Commission, your revised plan .ihould be submitted no later than March 7, 1990 to meet the deadline for submission of new information tor tabled items. Please contact my office if you have any guestions concerning the above. t * ! (M O II •J C. %r rJ M C? ►» B ® > C» ^ C' ^ C M D .• faL» C tm^ U **“ C r. ^ • c: W >» ^ u * c c c xi; 3 V -c c jH O ^ O »-i • ^ c t-iija C u SJ .C“? =.. w - M %» si ^ o V I— vl) 1 uc • u r^ S IC •! I = Oc I u •••••• u iSto a 7-^^■fH 5^^^ fO I/' T Z Z iZ jz z u c ^ c s L O Cm or* £ -< e ? *“ t ‘•7 = ^ to T c^ ^ •» r -:; u O c ^ o ^ U V m4 C» , C5 U LT ZOO «-i 0 iWW •iiii.. j c'ii S vW ■ 5 5 }3 ^ 5 § '<!» ^ j»' . CC ♦ ?S1 V-»\ “ r*'*' 6 ^ 'O;»^ v>3 Oiq r(^v- r^ff) tn ffT <S^ CtC’ ' \J \\ II ii II .1 II ,1 ^^ WV O J XTr. • . ; >’^td2uj fir*/' vji -.'^' /.V, **m.i •-*. "*. <f ^ttp-/**IXU */4 V >?/ J '^■<5 i -^•.cl-ll; Sn **'^••<8 ^ ^ri!<J ' «r. “*il,^li« r*i ^ WoaSvj ^ irt-v .1 ;'T™i 5’ 'I . f:k-‘ S ^ March 19, 1990 To: Re: City of Orono Planning Commission and City Council #1502 Michael Hilbelink requests for approvals and variances to construct a new residence at 2180 Prospect Avenue This letter is intended to serve notice to the City of Orono Planning Commission and/or City Council regarding our concern with the proposed building plan for the above referenced property. This property abuts 1295 Briar Street (Jentilucci) on the north and 2170 Prospect Avenue (Johnson) on the east. Specifically, we are concerned with the elevation and slope of the 2180 Prospect Avenue (Hilbelink) property on the east and north sides and the proposed placement of the building on the property. As you will note from the accompanying photograph-f this property has been severely flooded during heavy rainfall. The property has been changed over the years and most significantly changed during the time of the Crystal Bay sewer project. At that time in excess of 100 yards of fill were brought in by the City as a part of an easement agreement with Fred and Margaret Curtis. The purpose of the fill was rather than flooding to allow the property to drain off toward the underground drain tile located at its northwest corner. However, as we discovered during the heavy 1987 rainfall, not only did the fill cause the property to drain off well, it also displaced enough water to bring the flood waters to within 3 feet of the Jentilucri home which is located north approximately 100 from the tot line and also possibly resulted in the basement flooding of che Johnson home which abuts the proposed building site on the east I i M Planning Commission #1502 (Hilbelink) March 19, 1990 Page 2 Obviously, any changes that would result in further displacement of water could only be done at the expense of our properties. We vigorously oppose any iuch changes. Respectfully submitted. . /C.. Alex Jenrtlucci Dianne Jentilucci 1295 Briar Street Photographs enclosed 2170 Prosepct Avenue ’ I 9VI I l/f t in further displacement nse of our properties. f __ !oa/ inson epct Avenue Rtfwitc<l Z/\(o/‘)0 fo shou) and dr’aina^e^. Mf %i5L2__jftifailwLL.. _ X**' *l<w. W0.0 >^ -• zoe. oo 0 8 % |0t.« “4^ •• \ \t ^oio i i* .•■ ZlfOAO ««. fT. OAl ACRES i 3 prof«‘' I*.* r** * \9» pi^lN^C -^o.O .1?: Vairi«nce, of. 2ft* needed for 5trfet setback >0t2 V* •• V •:•: V v;v:‘•vW!^<*•■“2081OQ. ~~ ^ PROSPECT AVgaUE£ LEGAL DESCRIPTION: V All that part of the Northeast Quarter oi the South west Quarter of Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the west line of the Northeast Quarter of the Southwest Quarter of said Section 10 51 5.625 feet nortli of the southwest corner of said Northeast Quarter of the Southwest Qua»-ter* thence North 130.00 feet; thence East 208.00 feet;^ thence South 130.00 feet; thence West 208.00 feet to _the point of be ainning. GENERAL NOTES *.• X 939.7 Denotes iron monument Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevotion < Denotes surface drainage Dashed contour lines denotes proposed features Solid contour lines denotes existing features Proposed top of foundation elevation = |oc.S Proposed basement floor elevation = 98.8 Proposed garage floor elevotion = )0t.5> benchmark : Inv. of sew«V Cafeh bacin near U\M lorntr of Assumed « loo.ol ALL-METRO LAMP ■SURVEYORS 2340 Daniels Street Long Lake, Minnesoto 55356 Ph; 475-1433 1 hereby certify ihot thie survey, plan or report wot proporod by mo or undor my dirocf tupofvition ond that I om 0 duly Hoglttorod Lond Survoyor undo; tho^lowt of tho Stott of Minnotota. DATt Zjzlho REG. NO.noz^ SCALE -- 30* FILE NO. **2 g - tr* » >#■••. •«*•» WiAiiBi*^* *• g iO 3>< » . -w .. » ••. I il I ,r?s Io tio il I !i iiu. 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