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Home My WebLink About03-18-1985 Planning PacketPLANNING COMMISSION MKiri'lNG MONDAY, MARCH 18, 198'j 7:30 P. M. I27S BROWN ROAD SOUTH - COUNCIL CHAMHF3LS COUNCIL RKPRESENTATIVK - Jim Grahok SCHEDULED PUBLIC HEARINGS 1. 7:30 p.n.. i*894 T.M. Crofiby, 745 Sprinq Hi 1] Road - SubdiviKinn of Lot Line Rearranqenicnt - Clar.E I 2. 7:45 p.m. #895 T.M. Cror.by, 1240 f, 12f.O Bracketts Point Road Subdivision of lot Line Rearrangcmfuit - Class I 3. 8:00 p.m. <>896 Jam.es N. Andersen, 2300 Fox Street - Prel ir.inary Subc?i vision - Class II 4. 8:15 p.m. #897 Janet (. Chuck Petersen, 825 Old Lonq Lake Road Preliminary Subdivision - Class II ACTION ITEMS 5.#876 6.#889 7.#900 8.#901 9.#898 VciriancG Euqcne Kelson, Bin Island Pocord lots 16 f. 22 - Subdivision of o Lot Lini? Rearrarqonient Janu s W. Ogland., Biq Island lots 25 & 2f r-!oi &r> Island Park Aftc*r~the~Fact Variance - Public Hearing Kai 1 F. Johnson, 3 393 Crystal Bay Road - Variance - Public Hearing I.eroy Koidinen, 3360 Shoreline Priv’o ~ Commercial Site Plan Review SKETCH PLAN REVIEW 10. #899 Paul Phillips, 2160 Sixth Avenue North Sketch Plan P^'view ADDITIONAL ITEMS 11. Planning Commission approval of February 19, 1985 minutes. 'I J 12. Planning Commission to select representative to attend the April 8, 1985 Council moetinq. ADJOURNMENT r CfiCfOO A^J ISj /9S5” I j ^ Q\ fr-w, ^'' i J ‘ ^ ^ \/—' ' ' i'' i ‘ Mf#CTPeTA| ■ V ' '^ r u fill' “ iTTf'i *'rr ‘ ‘ F-: & 7''^ i^9<?C) City of Orono, Minnesota tlUl> ti» t^M nurV>t^^AJUJLiS tC. u * ^ \ r- r To:rinnninq Commission From: Michael P. Gaffron, Assistant Zoning Administrat Date:March 14, 1985 Subject: #894 T.M. Crosby, 475 Spring Hill Rood - Preliminary Subdivision - Lot Line RearraRearranqemc nt Zoning District - I.R-IA 2 Acre Lakeshore Residential List of Kxhibits Exhibit A Exhibit H Exhibit C Exhibit D Exhibit F Exhibit F Ai'.|)l icati on & Letter of Transmittal Property Owners List Plat Map Survey Air Photo With Wetlands Overlay Plat Map With Suggested Parcel Break Down For Final Survey The applicant is proposing a lot line rearrangement which will result in the separation of the existing "main” house from the "caretaker" house. The resultinq lot areas are as follows: "Main House" (East I.ot) : 24 + /- Acres (All Dry) "Caretaker House" (West T.ot): 26.8 Acres Total (8+/- Acres Dry) Please refer to Exhibits Fl , F2, F3. Note that due to the extensive designated wetland and adjacent very low land on the W’esterly parcel, future subdivision near East Long Lake Road and Spring Hill Road is highly unlikely. However, the 8 dry acres could be subdivided in the future. We would require dedication of roadways at the time of a future plat. The same holds for Conservation 8r Flcwafni Easements over the wetlands cn Parcel A. Note that (see Exhibit F-3) the easterly lot will become land-locked from the right-of-way and will require the granting of an access easement over the westerly lot to the easterly lot and over both lots to the V.’inston property to the south. The proposed easement shown on the survey. Parcel C is shown apparently to designate the driveway corridor; however. Parcel C is unnecessary since it is proposed to be comliined with Parcel A when the division is complete. It would be less confusing to show Parcel C as a part of Parcel A, leaving just the access easement. We are also requesting that the portion of the westerly lot east of the section line be designated as a separate parcel for clarification purposes. The final combination of lots would be as shown on Exhibit F-2. bot.li resulting lots have in excc“ss of ^ acres of dry buildable land with each existing house, drainfield site testing IS not required. doth existing septic systems were last inspected in 1981, and found to be in acceptable condition. They will be inspected again during 1985. Since no new building sites are created, no park dedication fees are required. A proposed Flowage & Consc;r va t i on Easement is shown over I.ydiard Lake. Tin's would not be required until a foimal plattinq takes place. In summary, staff feels this is a reasonahle lot lino rear rangement pi oposa 1. Should you wish to recomn.enf] apiiroval, the fol lowing items should be addressed: 1. Revise survey to show parcels per staff recon rendat i or. in Exhibit F-2. 2. The appiopriato access easements to be granted to the appropriate p>roperties. •Combination of Parcels A, C and "D". ■ r f. \ i t-/. V- ; ’ 7 i__1 I ■ ----------------------- • ‘ ■ , W! 3 i '??5 ■Ml Date. Hoc’ll /'^A<?5T Dy T^AJaoJo Hoc Hoc'(i ,gr?5'0.0 0 tl-'. DUHDIVISION APPI.ICiVrjON FORM APPljICANl’ Name T. M. Crosbv Telephone 612-339-7101 .lailing Address J74 5 Spring Hill Road, Wavzata. M'j 55391 OWNFR^*^'^ Thomas M. & Ella P. Croc^hv Telephone 612-371-5327 MaUinq ,yW:-r.5 c/o T. M. Cro.shv. .1,- paocre «. »nn.,n„ (Attach Ust If mora rhar. one) 2300 Mattifoorts Tower’,- -" Minneapolis, MN 55402 PROPERTY LOCATION atastreet Address 745 Spring Hill Hoadr Wa’/r Property Identification NO. (r.i.D.) “inlllTlIS . . .. . .•■'tf^chod to application existing land use I.’o.T.ber of Tax Parcels Development Size Acres Dry Land _ Acres >.‘et Land 50 + Present Use (check) Acres Total, all parcels X Residential; no. of units Other (specify) Prcse.’it Zoning District PROPO.SAL Division for Tax Purposes X .. Lot Line Rearrangement Only (no new building sites) Subdivision for I.’ew Building Site*; Number of Building Sites;Existing Units New Units Total Units Proposed Gross Density Units per Acres Minimum Lot Size:Square Feet Dry Buildablc Land Proposed Use: (c.heck)X Residential Otfior (specify) (OVER) MINIMUM MATHKIAL NKCK.'^r.AKY FOR COMl’l.FTF PRFl.IMINARY APPLICATION 1. App 1 i ca t i cn Ccunpi et ed Preliminary Plat informaticn on Certificate of Survey.«. • 3.Certificcj Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, leqal siscu envelopes (5IO) pre-addressed to each of the names cn the above list wit.L nu return address. Certification by Zoninq Department that Preliminary Plat Application is complete. ' * Zoning Officials Signature Date MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PIJ'vT APPLICATION 1. Paymc.nt of fees (park foes, filing fee, sewer and water assessm.onts) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers /igreom.ent arm accepta{)le form of security. Certification by Zoning Department that Final Plat Application is comolete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ Date FEES Sketch Plan Review (Class I, II s, III) Prelimitary .Review (Class 1 & II Subdivisions) $150.CO $250.00 Preliminary Review (Class III and all non-residentia1)$300.00 plus 20.00/lot Final Plat Review (Class III) •(Plus any legal or engineering charges) $150.00* applicant has read the above and hereby agrees to provide all inf crm.at ion requi red or requested by the Zoni ng Admi nistrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Date Da t e , / /V/ I Applicant must hav** all submittal;, into the City offices 25 days before the Planning Commission Meet iiiq. Planning Com.mission Mootings are usually hold on the third Monday ol each month. j iJ V iJ k Tt f •.♦Ov'• *f. !>r. CM O C f ' M O t c M A •• f . K H .»►•»« % M o . * I •• u *k*»t r. u*<*. • * cik*» . • •• f % « •• ft , k « Cl ( ft ft f: V r % ft> V ••*«,(• ^ MOftH • r • r« Oftct *f*C* •» ft*««c*« ;ftMf» *.»|ftlftk,<» re Or>fttic»« o *v.«r ’ rftfft r~*. r • c»*fttr m ••fwft’ftc •>C)ftMft‘. ft c*ft**C*<*|ft k.ftftftc»«cc f •ftCfttft ft*ftft* *« N •k>ft«t .C>«H C Mftftft % •ftv. 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A ‘tftfAft. .,f .. ftft A' ft. ftA ft ftA' tAAQftft ftftA* ft Aft AMftA ft ■ ft ftCk ••• ft M.CttAftMAA ► •‘•--ft I- kf^AO .ftftfftr ft*, r Aft Ct A Aft’*rA«C<« • CAftftI f C i —ftA A t A A C « CftAC. k •• AtftAA ••A|A lft}Cft*kCA ,ft — Ift A ftftft.^ %•*.••• V tt.fA«rjA ’(•(»• ••. Aft -ft , A , k • ft.tj A —'fttACwVC k A f .. ft ^ • ,. » A -■•A'A ft ft ft**Aft**.A ••►♦ ACt ft AAftA &ftA AftA-. * O rWft .fA AftifA cAft.aa r}*** ft *«(Cft •ft..: Aft(, • ftft,( k.ft. ft‘« t ■ f.. k O k ft • ft '.AO S.A* *• At ' AfAft —ft *4 C ftAft •' Ar. A<Aft«a|* *|Aft • «—ftftr. .ft.t*k( A «t.(A •k ' . t A f — Janiuuy 30, 1985 L§©llD\y/;V Ms. Jeanne Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MM 55323 T. M. Crosby Dear Jeanne: After our telephone conversation of yesterday J looked at the survey, the plat books and the tax divisions of my parents property. It appears to me that the intended transaction can take place in the form of a simple lot rearrangement. I am enclosing an Egan, Field & Nowak survey of November 29, 1984 togctlior with a copy of a portion of the plat book. Parcel B is to be convoyed to Donald Wildman. Parcels A and C will be conveyed to Eleanor and Fred Winston who own the property immediately adjacent to the south of Parcel A. Ultimately, Parcel C will be disregarded and included as a portion of Parcel A. It was described as an independent parcel because, at one point, Lucy Mitchell and Eleanor Vs'inston where going to buy Parcel A together. In that event Parcel C would have gone to Eleanor. I have indicated on the copy from the plat book the approximate location of the two hous(?s o;i the property. Parcel A as now described includes the farmhouse which has existed and been used as a separate dwelling since my parents built their house in 1941. I J I ^ Ili I ij ■ I AIt K> J' '• / 7 H w ‘" - ^ * • .-r ’ Ms. Jeanne Mabustli January 30, 1985 Page Two ■1 * .< I believe that the tax parcels for the two tracts have existed independently since my parents acquired the property in 1941. My proposal would be to have a lot rearrangen.ent whereby the farmhouse would be combined with the remainder of Parcel A. No new building sites would be created because the largest portion of P:ircol ■'i.ready exists as an indepcnder.t tract of property. Accordingly, the only transactions required would be the granting by my parents of an easement to the Winstons for the access road to replace the access road gra.nted to the Winstons wlien tiiej r tract was created. The lot line rearrangement would then be effected giving the Wildmans an access easement to Parcel B. I am enclosing an application appropriate for the transaction described above. Sincerely, Tliomas M. Crosby, Jr. TMC/dab Enclosures cc: T. M. Crosby I f?UH DATE 12/07/62 BATCH 001 PPOP AODR CUNEP MAKE TAXPAYER ►urtt/AODR PiTOP AODR 0'..*?IER NAME TAXPAYER NAME/ADDR PROP AOOR CX*!;ER K*AME TAXPAYER r:Af:E/ACCR PROP AOOR CX'XER NAME TAXPAYER JIAfJE/AOOR PPCP AOOR CUt«'LR NAME TAXPAYER NAr.E/ADDR HEN?iCPIH COUNTY PROPlPTY INrorMATICfJ SY'JTLM rPOPCRTY CNNLRS LIST 38 25-118-23 33 CC03 00625 SPriN3 HILL RD GEO H PAR1PIOGE ETAL GEO H PARTRIDGE A25 SPPINCl L RO UAYZATA MN 55391 38 25-118-23 3A 0C03 czhus sprin’C hill do H C PIPER JR ETAL H C PIPER JR 600 rtULTIFOCCS DLDG MPLS hVJ 55^02 33 25-118-25 A3 0025 JOHN S t ELIZADETH S CUTHPIE JCHN I ELIZ/BETil GUTHRIE 275 HOLLA^iOCP RO WAYZATA MN 55391 38 26-118-23 21 0001 007A5 SPRING HILL RO THOMAS M CnOSDY ETAL THOMAS M CR05SY 1600 1ST fiATL C4< OLDC MPLS M^i 55402 38 36-118-23 23 COOl BRUCE B DAYTON BRUCE B OAYTCN* 4122 IDS CENTER MPLS MN 55402 38 25-113-23 34 OOCl 00541 SPRirr. HILL RO RUSCILL COULES II JCi.N D N0.70St7Cr* 541 SP.7IMC. HILL RC 14AYZATA NN 55391 38 25-110-23 43 0016 00265 HU:.LAN'J£r; RO KIK CONSTRUCTION CO INC KLK CGN’STRUCTICN CO INC 2755 HOLLY LANE PLY?!CUTH NN 55447 38 36-113-23 12 C0C5 00795 TtPN’OALE RO N STEVOi J UAYTCN STEVEN J DAYTON 795 N ^^P^^ALE 70 WATZAT/ MM 55391 33 36-113-23 22 COOl C0755 SPRING MILL RO tiio:;as m crccoy etal THCNAS M CVOSDY 1600 isr NATL OK DLDG MPLS MN 55402 38 30-115-23 24 03:^4 CRUCE D DATTCN BRUCE B OAYTCN 9)0 OLD LONG LAKE RD WAYZATA MN 55391 REPORT N’O. PI435401 PAGE 1 33 25-118-23 34 0002 004o5 SPRIN’S HILL RO HIPPY D SrCKER JP HARPY D 5to::er 465 SPRING HILL RO NAYZATA M.N 55391 38 25-116-23 43 0024 00325 HOLLANDER RO JOHN N I VTOELL K TULLY JCNN t vrCELL TULLV 325 CO .70 6 OROfiO MJI 55391 33 26-118-23 13 0001 S H BCN!!AM JP E5T AM.’E B NCCO'JRT 503 N MCCAOOEr^ PLACE LOS ANGELES CA 9000 / 23 26-118-23 22 0002 00765 spnnrs hill rd PREOERICK UINSrC.N ETAL rPEDERICK WINSTON 7c5 Sr^n.G HILL RO UAYZATA f;N 55391 TOTAL BATCH 001 00014 > ^ i. i I 1 |»Hi M mm ./li' . A ' V/ I lOAO -------■^■'^, ^mm i' ^-i ■pA » * , ‘ V*M .-'S. •> *T ,• t’ V ., ./,r • At ^o f V.: .\V pa ,,-4< ■.\.-j , «W ■', ‘ i*® >> *djr iA*^t 'ir^, >■ •• ?-'v^ ‘ a /V • -■. ^ -ft-J >«rK*' • ■(.' . . >^' , - .* ' . • ‘ ;T-.i>'!iW;^.. r v / •; . , * >. A-r .. .;.,, ^ ■ ' V 4. 1, ''' n- V &\ i‘.p hr- i «M'- 1"^ /ram. j.. «;.4'I Mr 'HV V.^ ^ « I . ji fj! ■ •'A' r*- »k* • »rr^. ^31:3 •m %•' ,: 4'^ ;r ' • X % • ' •« '»•. I ,z"^' ’ V.'’^(,- .-y*C .' ♦*- V f ;:i i ^ I ■ V ■•r * ■% ■ ; ■''W ■ ^ \m L- ^ \ r At ^ 'tf^KSa V' »• 4 »_:^- *■* fv:;. ,v',. •, • 'i ffm : .4 \ U>.-\ »>•: fit rA. y V 'V .•^1 II'lS'-t ^ Tl ■M.^>4s m <i> * 4.?V% *0: -V;I n A} >■ s “I,.' : \v ■'•^:v|i^^':^/ ;■ ■'■■■ftii:’:'v^„. .; , .S>ir :- ■•. *■?• ■«.. ■■•. '■‘ri'J IsM A At' ••Utt '•<(f ^ $*• \ \4 •J #•> '■4 U^: \ i.v:' J5k ^ <^) ' / » >1 c Z 9 \ ^ q rj t'1 fj >C 4. \A ;i £ CN ;c Z' .7: \ *•.V %• t >.l Ci I .A‘ 1 ^n't'xT lO. -T To:Planning Commission From:Michael P. GaCfron, Assistant Zoning Administrator Date:March 12, 1985 Subject: #895 Thomas Crosby, Jr., 1240-1260 Brackett's Point Road Subdivision of a Lot Line Rearrangement Zoning District - I.R-IA, 2 Acre Lakeshore Residc'ntial Unsewered Application - Lot line rearrangement between existing property with house and adjacent vacant land. List of Exhibits Exhibit A - Application & Transmittal Letter Exhibit B - Property Owners List and Plat Map Exhibit C - Survey Exhibit Dl, D2, D3 - Plat Maps V^ith Proposed Realignment Exhibit E - Elevations, Pillsbury Lot Exhibit F - Drainfield Site Locations, Pillsbury Lot The applicant is requesting approval of a lot line rearrangement on Brackett ’s Point. The involved properties include the 0.92 acre Crosby lot with existing house, and the vacant Pillsbury property consisting of 3 parcels totaling 2.01 acres. The proposal would result in an increase in size of the Crosby lot to 1.15 acres and reduction of the Pillsbury lot to 1.78 acres. Both the properties arc relatively low, mostly loss than 5' above lake level. The existing septic system for the Crosby house was inspected in Fall 1984 and appears to be quite functional. A new water softener discharge drainfield was added last fall. Because of the low elevations, Mr. Pillsbury did have septic testing done on the south end of his vacant property. A specially designed "mound” drainfield system would be required in order to meet current codes if a now house is ever constructed. In addition, por tions of the southwesterly quadrant of this lot are below elevation 931.5, or within the protected Flood Fringe District, hence any fil ling or grading in this area would be subject to a CUP, and MCKD and DNR review. The low area does not continue to the lakeshore, and will need some study to determine whether filling would be detrimental. Based on the drainfield site locations and the low land at the site, the subdivision does slightly decrease the possible building envelope for the Pillsbury lot. Note, however, that a lino of existing trees near the north end of the lot does seem to move the logical house site further to the south. In addition, the subdivision does decrease this lot to under two acres, so that any future proposal to build on it will also require a lot area variance. Mr. Pillsbury should be made aware of this now to avoid any future surprises. i should you wish to recommend approval of this lot line rearranqcment, the followinq items should be addresi;ed: 1. A new survey should be submitted, showing all the involved properties as 5 separate Parcels A thru E, as per Exhibit D-2. Separate legal descriptions will also be required for each parcel. 2. Parcels A, B and C are to be combined. Parcels D and E to be combined . 3. Applicant Pillsbury advised that a lot area variance would be required in order to build on his variant lot, and that applica tion would also include a review of the flood fringe areas and whether or not any filling could be allowable. Approval of the current application does not imply automatic approval of the Pillsbury lot as buildable. No roadway dedication is necessary here. No park fee is required at this time since no new lots are created. I r "> f , ■—■ — ■ n1 :/ ' l\ ✓ I iy J!x:- : '1 1 » 1 i J %>< ' V' .■•. I \ ^cm.vO&mQM0 HPS c VS 7 Date F.cc'<] /-,S/-S^ Hy 'f. A^ixcf-J'j Fee Foe'df/4?^tD. O O SUBDIVISION APPLICATION FORM applicant Name T. M. Crosbv Telephone 612-339-7101 flailing Address 74j Spring hill Road, lvay:>ata, MN 55391 OWNRR*^*^'^ (Mrs.) John S. Pillsbury It - - - - - -. Telephone 612-371-5327 Kailinq ;„idroE= c/o. T. M. Crof.bv, Jr., Facarc (. nor<=^„ (Attach Ust If ,(;;SVo than one) 2JU0 .MuUltiodr, Tower? - - - - - - _ _ _ Minneapolis, MN 55402 PROPERTY LOCATION Street Address 1260 & 1240 Bracketts Point Road_ _ _ _ Property Identification No. (P.J.D.) 11-117-23-3^0005 _ _ _ _ _ _ _Ccmpletc^Legoi^De^ to bo attached to application existing land USE .. . . Number of Ta.x Parcels Development Site Present Use (check) Acres Dry Land Acres '..’et Land Acres Total, all parcels % #A • • A Present Zoning District R Residential; no. of units Other (specify) vacant PROPOSAL X _ Division for Tax Purposes _ Lot Lino Rearrangement Only (no new building sites) —_ _ _ _ Subdivision for New Building Sites Number of Building Sites: l I Existing Unit New Units Total Units Proposed Gross Density Minimum Lot Size: _ Units per Acres Square Feet Dry Duildable Land Proposed Use; (check)X Re;-, i dent ia 1 Other (specify) (OVER) K ■ v: MINIMUM MATHIUAI. NUCKSUAHY lOH COMPI.F.Ti: PRU LIMI NARY APPLICATION^ 1. Application Ccniplcted 2.Preliminary Plat information on Certificate of Survey. Owner's list of owners within 350 ' (this list can be Center!;8-327n"" Department of Finance A-603 Government envelopes . 10 ) pro-uddressed to each of the names on acove list with no return address.*• v> compiete!“°" Eopjrtj-ent that Preliminary Plat Application Zoning Officials Signature - _ _ _ c 1 r. G minimum material NECESSARY FOR COMPLETE FINAL PIAT APPLICATION 1. Payment of fees (park fees, filing fee. sewer and water assessmentsr 2. Signed certificate of survey or mylar copies of form.al plat. 3. Title opinion. t •Easements, Covenants, etc. 5. Developers Agrecr.ent and acceptable form of security. Zoning Department that Final Plat Application is complete. Zonii'.q Officials Signature - -Date FEES Sketch Plan Review (Class I, li & m) .X Preliminary Review (Class I J. II Subdivisions) S150.C0 $250.00 Preliminary Review (Class III and all non-residontial)$300.00 plus 20.00/Iot Final Plat Review (Class III) •(Plus any legal or engineering charges)$150.00*i MmmmsssB^sssss Applic.n;it' s Signature j Owner's Signature _ _ ,. . ( •|■0 I . / i ’ ' f . w 1^/; ■ ’’’ Date 11 'i' :> Date ^'Pplicant must have all submittals into the City offices 25 days before the l^ianning Commission Meeting. Planning Commission Meetings aie usually held on the third Monday of each month. OCOM4C 1 *.0 Ji.J— im k ftoftc■* * OSi*t /*M|« A MA.tS CitAA.C » »kO»< <MAN.C« V ►•OA»« .‘AC* tJ O * »» t A|tC* *> A*.»C»» jAMCB OC*»tC'H tl Mo*«Ai(' m *«f»*B»Ar ••OMMAH m LAMAr»«*ll» iA*n(»>Ct c MAn*i»« H «•( ( mAMM-B AAct * B'MAtiAHf r>A>.<t' ■• •! 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VV*.“‘ i.P!y' i.' ^! l. 1 I — ;|January 30, 1985 Ms. Jeanne Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, KN 55323 » t i « I J ^ J^^ 3 I i9dS i i i CHY Or ORONO 11 Re: Bracketts Point Dear Jeanne: I am sending to you the application form for the restructuring of the lots owned and to be owned by T. M. Crosby and J. S. Pillsbury, Jr. The transaction appears to be a simple lot rearrange ment. I am enclosing the subdivision application form together with our check for $250.00 to cover the review fee. Also enclosed is a survey showing the location of the subject property and the appropriate legal description. Finally, I am enclosing a copy of Bracketts Point as set forth in the plat book which shows the overall location of the lots. You may want to combine tax parcel 0005 with tax parcel 0006. The legal description being used in the conveyance by Mrs. John S. Pillsbury to John S. Pillsbury, Jr. docs not distinguish between the two tax parcels. Ms. Jeanne Mabustli January 30, 1985 Page Two It is ray understanding that this raatter will proceed in accordance with your normal procedures. If you need any further information, please let me know. Sincerely, V ^ I Thomas M. Crosby, Jr. TMC/dab Enclosures cc: T. M. Crosby J. S. Pillsbury, Jr. mtMiB ------^ r dypfAc.SG^ ^ S' /7}~i>-c.^yj:f.i /^h7^ ^ ^ 3 4.' a-(9d. ji Pu^r^t«-/ f' f-O (s-"ija / V '^X^M Lo' <u. ‘ v'’:^y ^ rr rr 3 <'// c;-'Q- 3 — V li AI V • /•/"// ‘ S t, J. /O^ ^'<-^v|y^XZ j TW*^ ^1>'iV/#895 f^-T: IV^CU'iA-^ J-1^-^ / i fi i^': Lo X.M ^ A *; .“^Xo^x-v/ (' X- t~j^X'}\, .jIL d' -5 ” ^<{i.(/L. tL-3 u. \ L<.\yiH^ii. / S' 3*;^ •' * .1 t'^i c(-'t cAv< 1*7 /3<:'6 / <^' ^ 7X /? ^'l<b, ^ >'S. i\^jlC<.i-i.i.<->j /3A^; ly-fi-tl - ^^>-2yC • ^-^''<'V“^’<- / V^ f ^ I'-^nj: (^vjj tOc ^ -‘5 ’ -5" 3 ^/ ■ J f I J r.'m ' ^ ' • ’ ‘-'-.A 5-Iv. , . yj >rA':"k : ?S I?'; 'W‘!^'m I-®’ ^ ^ !/ I a: CO •' / / X v-x</ y . IA:’’ / 9^ 0|CC C" ^P‘ p^'Wr- » A T>1^ co*^ .„’ V /-1 f cr- ^ ' /I 9.^' ^ w-... K- To:Planning Commis sion From:Michael P. Gaffron, Assistant Zoning Administrator Date:March 11, 1985 Subject: #896 vTamos N. Anderson, 2300 Fox Street - Preliminary Subdivision Application - Create two new building sites from 8.1 acre paicel Zoning District - HR-lD - 2 Acre Rural Residential Total Parcel Area = 8.1 Acre +/- (west) Lot 1 = 3.1 +/“ acre dry, 0.95 +/- acre designated wetland (east) Lot 2 = 2.1 +/- acre dry, 1.95 +/- acre designated wetland Proposed Lot Width (both lots) = 182.5' (200* width required) List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Application Plat Map Property Owners List Survey with Proposed Division The applicant is requesting a two lot subdivision of a vacant parcel north of Fox Street. The total existing width of the property is 365', hence meeting the 200' width requirement appears impossible. Is any additional land available for pur chase to gain the needed width? If not, a variance would seem to be in order. While lot lines could be gerrymandered to create 200' widths at the building sites, there really is no point in creating odd shaped lots in this instance. A 2.9 acre wetland exists on the rear of the property over which a flowage and conservation easement should be required. Access location sliould be reviewed by the Public Works Coordinator. No proposed driveway locations have been shown. Septic testing information has been submitted. In inspecting the site I found the boring and percolation test holes for primary drainfield sites to bo easily located and clearly marked. However, I was not able to locate the alternate site test holes for either lot where indicated on the sketch. I have been in coi.tact with a site evaluator, Robert Koch, for verifica tion of the hole locations. I expect to meet with him as soon as weather permits to resolve this. The located primary sites appear suitable for shallow trench systems. Any recommendation for approval should include the following conditions: 1. Subject to staff approval of the septic system testing information. 2. Subject to staff review and approval of the driveway access locations. 3. Subject to Flowage & Conservation Easement over the designated wetland areas. 4. Subject to standard drainage and utility easements. 5. Subject to $200 park fee for each new lot. V ^ {•*. i t.» - 4 # .* / ■ii/W t C ■ CITY OF OROUO /'’^A (O ■' •'■■ CJ^ %J SUBDIVISION APPLICATION FORM Diitf Roc: ' o % — ^ ^ Vo. ,_____ Fc o \<ec' c] a 1^66 . <J2* ^ ^ ^ APPLICANT Name; J^vv^Av Va. Va ■r j—____________________________________________ Tclcfihonc V^c\v\ vv,vvLAf• " ^ ^ K'J i. - ’^W-^ Ma i 1 i nq Address \Qc c \\Au \c >« V .a .," c^va.c-^y >>-~ V_ _ _ _ VVY-V- Vv'.'.x V* AwTi; ■ V ^V,x* : . <V ^^r«- CTrr.sv^-;. : ' A c •*• , v<'»- '-*''-VX ' PROPERTY tCar.c ' Telephone OWNER .*•’a i ling hO. d r o s s (Attach list if u.ort* than one) PROPERTY LOCATION Street Address Pre^porty Identification No. (P.I.D.) C w*1 • c^.5 - ~ ^ ^ ^~t Ccr-plotc Legal Description to he attached to application EXISTING L7iND USE Number of Tax Parcels DeVO 1 cpr.iont Si ze Present Use (chock) y^i:av^ vC^vJ:. Acres Dry Land Acres Kot L.ind Acres Total, all parcels Resic’ential ; no. of units Other (specify) ____________ Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrannement Only (no now buildincj sites) Subdivision for Now Building Sites Number of Building Sites: _ _^ ?_ Proposed Gross Density Minimum Lot Size: Proposed Use: (clieck) Existing Units New Units Total Units Units per _ _ _Acres X Square Feet Dry Duildable Land Residentia1 Other (s[)ocify) _ _ _ _ _ (OVER) MINIMUM MATKHlAl, NI-.CKSf.AHY FOR COMl’I.KTi: PKi:i.l Ml NAHY AI’Pl.l CAT] ON 1. AppJication Comp]ct-cnl 2. Proliminnry Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from tlie Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, Ictjal s i zed enve 1 opes (i;10) pre-addressed to each of tlie nar:os cn the above list witli no return address. Certification by Zoning Departnent that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Da t c MINIMUM M/vTERlAL NECESSARY FOR COMPLETE FINAL PIJ»T APPLICATION 1. Payment of fees (park 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 acceptable form of security. Certification by Zci.ing Department that Final Plat Application is complete. Zoning Officials Signature Date FEES Sketch Plan Review (Class 1, II U III) PreJiminary Review (Class I i II Subdivisions) $150.00 $250.00 Preliminary Review (Cla.s.s III and all nor.-residential ) $300.00 plus 20.00/lot Final Plat Review (Class III) ^(Plus any legal or engineering charges) $150.00* Applicant )»a.s read the above and hereby agrees to provide all information required or requested by the Zoning Administratox , 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 must have all sul>mittals into tlie City offices 25 d,">ys before t)io Planning Commission Koclinn. I’laniiinq Co.n mi f s i ot> Meetings are un:ally ]iel<2 on the thin’. Monday of each moniL. **! • i - V-’- • Iu i ' % u 7Cf: lO ft ■*:> .' A-* ♦ :' I ■•■ i> /:• - s'*■.’•. !».•:•> \ »* • /O/* Jf . . i -<il ^ > .^1 M .^rr • •^' (tiiC) ^^ $ ««4 #• 1 M »>r , A N«|rr7"-pfttorr; - *i ';5> r i9l[5) I . I .•v3 • * ‘ ♦ >4'T •fTn.er.if^’T *'> n-H/r'-fA « ^ ^ • u ^ %* :*i •. *' . X \# • f '■ ' / «• r* r^/—'—\ B —---^ ——Hi 5<Vt!0/ £,?^5 • ‘ c n ■ A. i •jfci rjk.T . . - I • •* - .' .^ •< I ?’ .(03- \^. s:o li ( * f *• ' (SSCc) ^ ■ • ‘ * • .V *. * .■'. .♦ - • -V • t 2 ; i 4Ui J54°:SfrS I »/.»» ^ ------------- rnv ^ ^ ______.Tjaara i ,5e3r>'.?y . ^ y vif4iWfl 4,^0 l9|9^ —' ** 4fc*»^ -■ A U SI. 'ii) II ‘» jv.,--:: ./•i'Jf':-J.M -rw ' 2 (ftS ■ ' ' *^- 4V^ / ^ ^ £ :\ n < ‘ . > j:7 \ jt \ S‘‘ " / ‘ ^ ■ * /. k i'V’* »v '. V * • / WBB8ER _•/../ iw ‘- I ^^’TTiT' 'ir ^ '“' ■ » ^ . . />(?' ,.(? 1 ■'•'■"■ ^ W 12 7 (A> 7 <5^ »• • » RUN DATE 02/IA/65 DATCH 001 PROP AOOR O.aJCR NUJE TAXPAYER NAME/AODR PROP ADOR OVa4CR NAME TAXPAYER NAME/AOOR PROP ADDR c;;t4ER name TAXPAYER NAME/AOOR I PROP AOOR lOWNER NAME TAXPAYER NAtlE/AOOR 38 03-117-23 32 0002 OOASO UIUCU OR S AJ24 L MHITE ANN L WHITE 4450 WIUON OR S LONG LAKE MN 55356 36 03-117-23 32 0007 0C3<*0 FOX ST BRUCE R KELLEY BRUCE R KELLEY 234.0 FOX ST QRCNO MN 55356 38 03-117-23 32 0010 00400 MILLOM OR S ARTHUR J NEI SCtl ET AL ARTHUR J NELSON 400 W.ILLCN DR S LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMA'lION SYSTEM PROPERTY CWNER5 LIST 38 03-117-23 32 04*03 00440 HILLON OR S RICHARD M PERRY JR RICHARD H PERRY JR 440 WILLOW DR S LONG LAKE MN 55356 38 03-IW-23 32 0008 1NCPI5 K BIERMAN INCRED K DIERHAN 2743 COLBY AVE LOS ANGELES CA 40064 38 03-117-23 33 0001 CHARLES C VAN ECCKHOUT VAN EECKHOUT BLDG CORP 15500 WViV.AYA DLVD 31019 WWZATA MN 38 03-117-23 33 0003 02285 weOOeR HILLS RO OAK PEDERSON DENNIS G A KAREN L PCOECSON 85 WEBBER HILLS ROAD 55301 ORONO Ittl 55391 03-117-23 33 '*004 02275 WCBCCR HXLL3 RO CAE OLSON CARLTON D OLSON 2275 NtBGER HILLS RD WAYZATA MN 55351 report no. PI435401 PAGE 1 38 03-117-23 32 00C6 JOAN K MERRITT JOAN K MERRITT 4556 LAKE HEIGHTS ST DELLEVJE WA 90006 38 03-117-23 32 0009 WILLIAM R KELLEY WILLIAM R KELLEY 2215 SfINSON DLVD NE MPLS MN 55416 33 03-117-21 33 0002 02325 FOX ST ALVIN i: LANDOERO CTAL ALVIN W LAN0DER3 JR 23.’5 FOX SI CRONO J1 55356 38 03-117-23 33 0007 00680 WILLOW OR S NORMAN M IHE1ST2 ETAL NCRMAN H THEISTE 680 S WILLOW DR WAYZATA MJ4 55391 (? I .^o5 , PROP AOOR OWNER NAME TAXPAYER NAME/AOOR 38 03-117-23 34 0008 02100 WEBCER HILLS RO EDWIN W RITCHIE JR A WIFE EDWIN U RITCHIE JR 2160 WEBBER HILL RO ORC»10 MN 55391 38 03-117-23 23 0009 Willow Properties Inc Richard L Fordyce 744 Brown Rd Long Lake, HN 55356 TOTAL batch 001 00013 V i i FL l 1 ->o5 ii ,;4..jJB«BegL r Ne9M6'o«"e »65‘ —0 FuOWACt ) E.A»EMtNT 'Z_^ 182.5'18Z.S Pmo res C.D Dwisiom I_)NL •g.iO.*5‘2.1 TsFI*r58-W Propose, o Buoa Sttts 154.9^' se4*44'Sft"W kS— lO' Woe DRAIMA£ici UtJUI’TY E.ASE.MENTS OKI AUl- SIDES PB.H plat. •••«• Scale: 1” = IOC o denotes iron pipe marker with plastic insert inscribed "RLS 5713" Date: February 20, 1985 Preliminary subdivision added February 21, 1985 Fox ST. PLAT OF BOUNDARY SURVFY for William D, Levering and James Anderson DESCRIPTION: Lot 3, Block 1, Bill Kelley's Land. CERTIFICATE: I hereby certify that this su’^vey and plat were prepared by me or under my direct supervision and that I am a duly registered Land l^jeyor undernihe laws the State of Minnesota. j Bruce R. Kelley, PE & LS/\reg. No. 5713 Total area of Lot 3 is 8.1106 Acres. o_noTTc;;__I___nojuLTLcr W C" I I C* V \r TO; FROM; DATE; SUBJECT; rliinn i ;kj Coninii ssi on Michac] P. Gaffron, Assintant. Zoning Adnii nist rater March 11, 1985 #897 Janoi & Chuck Peterson, 825 Old Long Lake Road Preliminary Subdivision - Public Hearinq Application = 2 lot subdivision Zoning District - RR-lB - 2 acre unsewered Existing Lot Area = 4.39 acrec apf* oximatcly, excluding road No designated wetlands shown on wetlands maps. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Property Owiie rs List Plat Map Rough Sketch of Proposed Division Sketch with staff notations The appl i cants are [>roposi ng a subdi visi on of their 4.4 + acre parce 1 on Old Long Lake Road into two lots to create one new building site. Because of the natural swale running diagonally through the property, the proposed dividing line is also angled in order to preserve the logical building site. Note that per Exhibit E, the 200' lot width occurs near the front of the westerly lot and further to the rear of the easterly lot. The proposal leaves approxinat oly 60' of road frontage for the easterly lot. Although the angled dividing line is somewhat unusual it would appear to serve the same purpose as a p>latted 50' corridor, which we have approved in a number of other appl i caitons. Where will the access point be? Where exactly is the existing driveway in relation to the east property line? Will the two lots share a driveway entrance or will a new one be created? Perhaps the applicant can shed some light on this. Septic testing information has not been submitted for either the new lot or for an alternate site for the exist ing house. It is likelythat testing won't be done until the ground thaws, probably sometime in Apri1. Note that the existing house has less than the required west property line setback but meets all other setb.ack requirements within the proposed subdivision. Any recommendation for approval should include the following stipulations; 1 . Subject to septic testing approval for both the new lot and an alternate site for the existing house. #897 Peterson Page 2 2. Subject to inspection and approval of the existing septic system for the existing house. 3. Subject to City Enginoor/Public Works Director review of the access location. 4. Subject to the proper drainage and utility easements. 5. Dedication of roadway on the plat if not excluded in the legal description. 6. Subject to standard park dedication fee of $200 for the new lot. This item would not go to Council for prelimi nary approval until items 1-3 are complete. If septic testing results require significant relocation of lot lines, this item would be again subject to Planning Commission review. t 1 I L CITY OF ORONO SUBDIVISION APPLICATION FORM I- ( 0<L/ Dato Rcc-'d By ____\ i' I» Fee Rcc'd __^ <. • * « (■< /c i -ly V • < • APPLICANT Name(_^/ UihOlu<'r- it (icC 't u-.r-.________ Telephone Mailing Address V/- T/ . , !r~> t r'/ Viin ■ r:/*,' /11 f < nr I__________ PROPERTY Name i OWNER Telephone ,'Y}I 1 Mailing Address V y U-21U. (Attach list if more than one) PROPERTY LOCATION (X.Street Address T; >, /r/ ^ (• > r ^ / q /e C hxJ , f, Q.m XI f c Property Identification No. (P.I.D.) <~jf Complete Legal Description to bo attached to application EXISTING LAND USE Number of Tax Parcels / Development Size ■/T V. .V Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (choc);)Residential; no. of units Other (specify) _ _ _ _ _ _ _ Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites / z y. Existing Units New Units Total Units Proposed Gross Density _ Units f)or Acres Minimum Lot Size;Square Feet Dry Buildable Land Proposed Use: (chec);)Residential Other (specify) u I J MINIMUM MATKKJAL NECKSSAKY FOR COMl’I.ETK PRELIMINARY APPLICATION 1. Appl i ca t i on Comp 1 c*I I'd 2. 3. treiiminary Plat information on Certificate of Survey. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal si zed enveloi>cs (110) pro-addressed to each of the nan.es on the above l;st with no return address. completo^^^^” Zoning Department that Preliminary Plat Application is Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Date MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or m.ylar copies of formal plat. 3. Title opinion. H •Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is comnlete Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ Date FEES _ Sketch Plan Review (Class I, II & III)$100.00 Preliminary Review (Class I i II Subdivisions, $250.00 Preliminary Review (Class III and all non-residential) $240.00 plus 20.00/lot Final Plat Review (Class III) •(Plus any legal or engineering charges) $100.00* applicant has read the above and hereby agrees to 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 Si gnature( f /V(.( Owner's Signature n t. f / ^ f i I jT'\^ Date *7 C1:) ^ ^ ^ /t- / ) T? V' Applicant must have a 11'submitta1s into the City offices 25 days before the P lann i ng Commi ssi on Meet i ng . P1 ann i ng r ('n.m i s s i on Meetings are held on the third Monday of each n.cjnth. li 4 d RUM DATE OC/19/85 BATCH C03 HrtnicriH couiitr n?o»'CPTY iurcPUATicM OfOTttl r:?orcRiY oiniERS list REPORT MO. PIA35''«0l P/SE 5 38 35-118-E3 14 OCOl 38 35-118-23 41 OCOl prop ador 00900 OLD LOMG LAKE RD 00340 OLD LONG LAKE o::m’ER name BRUCE B OAYTOM CLARK riA:':i!nLL etal TAXPAYER DRUEE B DAYTCM PETER PCGEP POVEE r/AME/AODR 41EC IDS CENTER 840 OLD io::s lai:e PD MPLS m 5S402 ILM2ATA rtM 55391 38 35-118-E3 41 0008 38 35-118-23 4|0009 PROP AODR 008E5 OLD LCf.G LAKE PO 0C.805 'JIO IC‘!G LAKE 0;0IER fJAME LOUISE J PETEPSCM LPUCC n CAfTCfl TAXPAYER CHARLES 1 JANET PETERSON LPUCE D DAYTCM MAME/AOOR CE5 OLD LONG LAKE PD C/0 rKAn:»?A co UAY2ATA MN 55391 4122 IDS CEJiTER r:PL5 r;M 5S »oc 38 36-118-23 23 0001 38 36-1:8-23 32 0005 PPOP AOOR CXniER NAME BRUCE B DAYTON EPUCE B DAYTCM TAXPAYER BRUCE D OAYTOM BRUCE 0 DAYTLM M,\ME/AOOR 4122 IDS CENTER 4122 lOS CENTER MPLS 104 55402 r:PLS rtM 55 #02 38 35-11C-C3 41 0007 00C45 CIO Ln::s lake po ALAM El’CETCrr ETAL ALAM rv.'Enr.EP 8'.5 OLD Lt;:;-. lake RO IMYZATA r.M r.SSTl 38 IS-113-C3 41 COIO 44-ft Oo ■/ E L PCTTPrOJJ r:ps jA?tC3 M Z70 u crErfruLL in:i lo::g UAr.E rtJi 5S356 TOTAL DATDI C03 00C03 I CEPTTFY THAT THE FACTS PEPPESmTEO A^E AM ACCl’PATE TPUE PEFr.’ESrMrATICM OF IfJFCrrtATICM AS ir APPEAPS THIS DATE CM T»}E RECCP05 OF THE HEtrtr.PiM cct'MTr crPAr?Tr!r*r * ‘ prcpcrty ta >:aticm » to the eest OF Mr KMO’MicnoE aj :d eelief, y \ /y DATE \ E^Y _ / t'•i: •V **• S •vO * .• Isjf 4 • T;*.-* V t ^ i *V ^ V* . •’•. > i''. ■ ---------r--J - - .t o (\\ \ Cr M . ^ 1 • • I, * • • ' % i ‘ I r—y- -•v ' • 'I.* ' •' . . • • ’ • • • • ♦ • •■•-•••..- . ................................................................................. • - 4 -1^ \: j ..!#897 o ftu 7: • ' ? V •V J ,^N • •« • • f .}•X '4 % ■k tf-'t • i •. iv* * Sr • V » A: v’. ‘ ^-•. jf::• %V^U• ■ X^vw^.V ¥M& I ! TO;Planning Conmiission FROM:Michael P. Gaffron, AsBistant Zoning Administrator DATE;March 11, 1985 SUBJECT; #876 Randy Asplund, 3424-3444 Eastlake Street Variance Although the Planning Commission recommended denial of this appl i cation on January 21 , 1965, applicant has rf?quested your further review prior to Council action since he was unable to be present at previous ntcet ings. In accordance with this, staff has renotified the surrounding property owners that this item will be on the agenda- Please refer to my memo of November 15, 1984. Additional Exhibit H - Planning Commission minutes 1-21-85, 11-19-84 I t ■ Li h - TO:Pl-3!inin>j Comm i ss i Oil FROM Michael P. Gaffron, Assistant Zoniny Administratoc DATE:Novfjmber 15, 1934 SUBJECT: #876, Randy Asplund, 34 24 Eastlak(=> Streot - Variance ^r^-r A.V r^tu Zoning District - LR-IA Application - A. Variance to construct an 3* high fence along property line adjacent to city street and within 7'* lake Stithick arei. B. After-the-fact variance to allow concrete patios within 75' of the lakeshore. r. i s t of e:Xh i bi ts A 3 D E E" G Fenc«! App I i ca t i on Patio Application Plat Mao Property Owners hist Survey Showing Proposed Fence Location V S D-'t L Survey to Scale Showing Existing Patios^ Code Sections Pertinent to Fence Application s-jC'A y A. Fence The applicant wishes to construct an 3' privacy fence along the south 1 i lie o f his property abii 11 i iig East lake Street. There is a 3' bermwith pine trees existing at tliis time. It is not clear f to n the app 1 i ca t i on whether the fence will be placed on top of or cslongside the berm. The bf?rm was construc'ted w'neii the new houses wore built and is above the natural grade of the surrounding area. By existing codes , app1icant would be a I lowed a maximum 6 ' fence along the property line in the side and rear (east) yards and a 3 1/2' fence in tlie front (lake) yards ex tena i ng co the lake. East lake Street can not be considered a "major thoroughfare" hence a continuous 6' fen^e would not be allowed along it on that basis. I be 1 ieve you are fami liar with the existing code sections dealing with fences and can relate this application to the fence along Bayside Road just to the east. You could also expect, I am sure, opposition to grfinting of a var iance by the property owners along Eastlake Street who would lose a partin' view of th«> lake. In ordt^r to recommend approveil you would )iave to find a hardship exists and show no adverse effect on the purpose and intent uf the Zoning Code nor the health and welfare of the public. H ’5 * ! ' ^ ! ■,'i pacje 2 «876, Kandy Asplund 3424 . i*>^o Street - Variiince B. Patios at 3424 and 3444 Eastlake Street. Durin«j inspection of the septic system at the newly constructed house at 3464 Eastlake Street staff noted that concrete patios had been constructed at 3424 and 3444. The applicant was notified to remove them as non-oil owed hardcover, and he opted to apply for an after-tlie- fact variance as an amend nent to thc» fence application. The Cent r>’te patio and sidewalks within the 75' lakeshore setback at 3424 Eastlake Street constitute 216 square feet or 3.3% hardcover where none is allowed. The concrete patio atid sidewalks at 3444 Eastlake Street constitute 495 square feet or 3.0% hardcov»?r where none is allowed. Aqain, in order to approve these you must find a hardship, and show no adverse effects on the intent and purpose of the t'ode nor on fne he.alth and welfare of • he public. The applicant wis told by staff that there is I i t tie charv;e for approval of variances for either the fence or the patios, and it was applicants wis’n to proceed with the applications regardless. - I aaidiM - - 1 CITY OF OHONO VAHIANCE APPLICATION #876';. K f . f /.O /i- ' /'^ / '■4 -1 , ?^r ■ I i pp 1 i dn t i on Fe e Qj. 00. After-tho-Fact F^ $200T00 PROPERTY LOCATION Site Address ^ /f/lST- S 7^' Property Identification Number (P.I.D.) fcXf/. A\ Please chock one -- Is the property _ _ _ al)st ract or torrens? Please attach legal description to application if not included on reouired survey. /y PPLICANO^____ /A'jOuName Phone I'Jailing Address OWNER Name ~J///?■/!'Phone Failing Address Date Property Acquired ^ /. (month/ycar) 1 (do not) also own the adjacent parcels of land. ________________________.AlAiCIZ. yQCSJll. - PRESENT U‘5*’ OF PROPERTY Present Zoning District Present Use of Property _ Resident^ial OUicr (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ . OO Describe request in detail; f A)C & ^ 0 yO 3>0€}'^y VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side .caH- nuT25W Other IJ vt. 1 l/i A___? 1 HAHUSm 1 Describe undue hardship or practical difficulty resulting froiri strict enforccmont of zoning regulations; v.3 ^ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions jueventing cor.pliance with Zoning Code Requi renicnts : REQUIRED SUBMITTAhS 1. Completed App^l i cation Fornt. 2 . Certi f i ed Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govc-rnment Center 348-3271 ) 3. Stamped, legal sized envelopes (?10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Plat .Map. m The Applicant and Property Ov,’ner must sign this application. Please remember thet your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The ap^plicant he-rel” agrees to provide all information required or requested by the Zoning Adminis* .or, agrees tt pay all foes and/or unusual expenses incurred in review of this app ca t ..cn, and certifies tliat the inf ormat i on supplied is true and corr ect to the hcst^of^Tii s/fier k low 1 edge. ^ / Date VApplicant's signatuf^ V OVTNKKS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission me.Tibers,. and Council members for purposes of investigation and verification of^lrfs^e^ucst . J Date.<^Owner's sianature Applicant must havf* all sulniittals into the City offices 25 days before the Planning Cominission Meet ing. Planning Commission Meetings are held on tlie third Monday of each month. CITY OF OROIJO ^ VARIANCE APPMCATION Application Fee $100.00 Aftcr-the-'-’act Fee $200.00 PROPERTY LOCATION Sit... J’/^ Properly Identification Number (P.I.D.) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Please check c no -- Is the property abstract or torrens"^ ;7t— Please attach legal description to application if not included on required survey. APPLICANT N^nie /A/Ujy Phone ‘~ Mailing Address ^ ^j ST. OWNER Name /?f ^_ _ _ _ _ _ _ _ _ _Phone_ _ _ _ _ _ _ _ _ _ _ .Mailing 7\ddrcss ______________________ Dat- Property Acquired t 3'/_ _ _ _ _ (month/year) 1 (do||^^^do no^^l'^also own lIio adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Proper ty_ _ _ _ _ _ _ _ _ _ _ _£;;^^^^^^sident i al __ _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF REQUEST Estimated Construction Cost ^ VARIANCES REQUIRED _ _ _ Lot Area _ _ _ Lot Width /I Hardcover Setback Variances (_ _ _ Front _ _ _ Side _ _ _ Roar) Other — —. . . . ... . . .— .. .—=—- — . .. II _ _ _ _1..._ _ _ _ _ _ _{f>»• < t. r.- HARDSHIP Describe undue hardship or pr.u.tical (Jifficulty rtsultiiKj frc.r. strict enforcement of zoning regulations;____________________________________________ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form. 2 . Certified Property Owneis List of owners within 15>0' (you can obtain this list from Hennepin County Department of Finance A-603 Governnient Center 348-3271 ) 3. Stamped, lega 1 si zed envelopes ( ? 10 } pre-addrossed to each of the names on the above list with no return address. 4, Certificate of survev. 5. Plat Mao. The Applicant and Freporty Owner must sign this ap.pli cation. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoni ng Admi n 1 St I a t or , agrees t o pay a 11 fees and/or unusual expenses incurred i.n review of this appl i cat ion, and certifies that the inf ormat i oa suppl i ed i s t rue and correct to the best of his/her knowledge. Applicant’s signature Date OWNERS SIGNATURE The owiier hr reby acknowledges and .igiecs to this ap}jlication and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission meml.>ers, and Council members fof:.-purposes of investigation and verification oX -t /TTT7o s t . Owner's signaiiure Date Applicant must have ad'l''''^bnii tta 1 r into the City offices 2.) days before the Planning Conitiission Hc.c ting. Pla.'inir.g Commisr.ion Meetings are held cn tl»e third Monday of each month. \ \ / /X. y f > % • n •»» * \ \ 5 ^j%' ^ . V 1 I ! S Lr • .V • » V K '8 •-. f t TOWKA 7 m I ‘ N 1 T ’f) \ M r I O X/ d) m [ j » '* r|1J£___ C“P CWESTVIEW * w rrsNN»< 1 254 8S f ■» / » ^ £ OXFORD .v/<^2m “Tti TTT "to Siffi / \ ^ 3 rsj 7f ^ 7 5 ; r/A'^c # Y i Sj 'I*. Pin^ DATE 10/10/0^ BATCH 006 PROP AOOR OWt^ER NAME TAXPAYER IMME/AODR PROP AOOR OWIER NAME TAXPAYER NAME/AOOR PROP AOOR CUniQ NAME TAXPAYER NAME/AOOR PROP AOOR Ot^NER NAME TAXPAYER NAME/AOOR PROP AOOR OWiER NAME TAXPAYER MAME/AOOR PROP AOOR CWrtER NAME TAXPAYER NAME/AOOR MrNMFPIM COiniTY PPOPEPTY n,TOPMATICM GfOTEM PROPERTY OiniERS LIST 38 05-117-23 13 0021 V H LARSON ETAl VINCENT H LARSON 25^04 LAKE ROAD BAY VILLAGE OHIO 4^'aAO 36 05-117-23 13 0036 03^09 EASTLAKE ST Alt-OREM FLEISCHHACKER ANDREW FLEISCHH^KER 3^09 E LA1:E ST ic::c LAKE MN 55356 38 05-117-23 13 0039 0343:> EASTLAKE ST SAM BROWN ETAL CHARLES BALGAARO 3435 LAKE ST E LONG LAKE MN 55356 38 05-117-23 13 0043 03444 EASTLAKE ST ORVILLE E KEIPAN ET AL ASPLUNO DEVELOPMENT 14840 COFPERFIELD PLACE MINNETOIIKA MN 5534 3 36 05-117-23 13 0046 ORVTUE E KEIPAN tf AL RANDALL ASPLIHIO 14840 COPPERFIFLD PLACE MINNETONKA MN 5539i TOTAL BATCH 0C6 00015 38 05-117-23 13 0032 03405 EASTLAKE ST DENTIIS MCGRlEVY DENNIS MCGREEVf 3405 E LAKE 5E -ORONC m 55356 38 C5-117-23 13 0037 03465 EASTLAKE ST LUVErN L cr'rntiL LUVCPl! L CAr?KJELL 3465 E LAKE ST EOX 70 LONG LAKE NN 55356 0341:, 05-117-23 13 EASTLAKE DONNA M r^lMMER OONN'A M PRl.MMLR 3017 DRC0:< LANS MIliNETOSr.A MN 0040 ST 55 361 38 05-117-23 13 0044 03424 EASTLAKE ST ORVILLE E KEIPAN ET AL ASPLL10 DCVELOrrtENT 14840 COPPtPFIELD PLACE MIN!lETCf.'KA Mti 55343 38 05117-23 14 0053 03401 EASUAkE ST rPAliCLS MART PEU'^SCN GARf A KOSLOUSKI 34C3 E LAKE ST ORONO n; 55356 REPORT fiO. PI435401 PAGE 17 38 05-117-23 13 0035 03407 EASTLAKE ST PETER C MEYER DAVID C EURfiS 3407 EASTLAKE ST OPOflO m 55356 33 05-117-23 13 0038 03425 EASTLAKE ST TRIO J BARTZ WALTER M OLSCN 501 HEMLOSK DR BURNSVILLE MN 33 C5-117-23 13 0042 03464 EASTLAKE ST MAN MUN5LEY MARK A HUtlSLEY 5820 COVINSTON LA Mpn^ETONKA V.U 55345 * *>/ .* ^ * » r • % r • « 38 05-117-23 13 0C45 D R CARLSON A P M CARLSON DARYL R CATLSO!! 3470 BAY5IDE ROAD CPONO Mil 553S6 m' 38 C5-117-23 41 002? 00405 OXECRO KO A M EURTCri JR A G L EURTON A H BURTON JR A G L BURTON 405 UXfORn ROAD LON’G lake r.N 55356 rti \ V m L § 10.03 Subd. 7. One Buildincj Per l.ot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal buildincj shall be located on a lot. Subd. 8. Lots to Face Streets. Eacli lot shall face on a public street or appropriate private easement. Subd. 9. Accessory Buildings. A. Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B. Height Restrictions. No accessory building in the *'H" District shall exceed the height of the principal building except barns or stables which shall be subject to the approval of the Council. C. Area Restrictions, In all ”R” Districts no accessory building shall exceed 1,000 square feet of floor area except barn, stable or greenhouse. D. Location. No detached garages or other acces sory building shall be located nearer the front lot line than the principal building on that lot except on lots which have frontage on a lake. Source: Municipal Code Effective Date: 9-14-67 1. Location of Principal Building to Lakeshorr-. No principal building shall be located closer than 75 feet to the natural ordinary high water maik of a lake abutting the property. This lakeshoro setback shall be doteimined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2. Variance From Lakeshore Setback. Any application for a variance from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 Subd. 10. Conditional Use Permit Required. All acces sory buildings on through lots located in "R” Districts shall require a conditional use permit. Subd. 11. Dwelling Use Prohibited. No cellar, basement, tent, trailer, or accessory building shall at any time bo used as an occupied dwelling. ORONO CC 255 (4-1-84) f 5 10.03 ‘^ubd.12. Crowding Princii^al Building. No acce building or slructure, unles ^ o r V.. ^ V... V., uiix-os an integral part of the principal building, shall be erected, altered, or moved within ton foot of the principal building. Subd. 13. Garages. Accessory buildings which are for the storage of automobiles shall have the doors thirty feet or more from the property line when said doors face on a public alley or street. Subd. 14. Yar^.s and Open Spaces. A. Reduction Prohibited. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by the Zoning Chapter and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. B. Application to Only One Dwelling or Group. No required yard or other open space allocated to a building o.*: dwelling group shall be used tc satisfy yard, other open spaces, or minimum lot area requirements for any other building or dwelling group. Subd. 15. Non-Encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet, off-street parking except as hereinafter regulated. B. Name plate signs for one family dwellings; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light not visible from the public right-of-way or adjacent residentialIS property maj be located to within five feet of the front lot line. C. P'ences which do not exceed 3-1/2 feet in height, fences nov. over six feet in height along the front lot line of lake frontage lots which front on a major thoroughfare, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot 1ine. r-D. In side or rear yards only, bays not to exceed a depth of two foot nor to contain an area of more than twenty square feet, fire escapes not to exceed a width of three feet, fences and yj’alls not to exceed a height of six feet al>ove gradf and open off- street parking. ORONO CC 256 ;4-l-84) 1 § 10.03 E. Rear yard only; balconies, accessory structures except that no structure shall be closer than five feet from the rear lot line, breozeways, detached outdoor picnic shelters and recreational equipment, except as regulated hereinafter. F. Side yards only; accessory structure.^ except that no accessory structure shall bo closer then ten side lot line. feet from any Subd. 16. Traffic Visibility. No fences, structures or planting more than three feet high in the "R" District on corner lots shall be permitted to obstruct traffic visibility within a triangular area defined as follows: "Beginning at the intersection of the projected curb lines of two intersecting streets, thence thirty feet along one curb line thence diagonally to a point thirty feet from the point of beginning on the other curb line, thence to the point of beginning. Source: Municipal Code Effective Date: 9-14-67 Subd. 17. Essential Services. This Zoning Chapter shall require a permit for all structures including utility poles, and right-of-ways which are an integral part of a system for public transportation, as for transmitting power, water, heat, communica tions, gas or sewage by any public utility. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed oy the essential services. Subd. 18. Farming. All farms in existence on January 1, 1975 shall permitted to continue operat ion subject to the following conditions: A. No new "stock farms" shall be created or existing stock farms enlarged more than twenty-five percent (251) in animals over one year old except under the provisions of a conditiof.al use permit. In considering any such permit, the maximum number ano type of animals to be kept shall be determined. The site design and method of operation shall be reviewed and the Council shall find that the proposed "stock farm", if in existence, will not in its opinion be detrimental to the public safety and the general welfare. B. The establishment of any new building for the housing of animals or fowl shall be located 150 feet or niors from t.Jje nearest offsire residtnc'.. C. Products produced on the farm may be sold at retail. One b.emioiary roadside stand may bo established for conducting such bus. ness.One temporary business sign not owe; ORONO CC 257 (4-1-84) r MINUTES OF THE PIJVNNING COMMI r.SJ ON MKETINC. HHU) NOVKMiU’H 19, 19U4 FACE 9 f^BlS^RANDY ASFLUNl), 3424 & 3444 EASTLAKE STREET V/FIANCE PUBLIC HEARING Chairperson Goetten announced that rb76, Randy Asplunds application for a variance has been tabled until the next meeting of the Planning Commission. The following neighbors were present for the meeting; Han et Hehl of 3348 Bayside Road Esther Addison of 3382 Baysidc Road Barbara Huber of 3390 Bayside Road Kathe Jukish of 3280 Bayside road Don Boylan of 3240 Bayside Road Rovegno moved, Kelley seconded to table the application. Motion, ayes (6), Nays (0). #878 THOMAS KAUL INTERPRETA'^'ION OF ZONING CODE PUBLIC HEARING 9:45 - 9:49 Thomas and Kristi Haul were present. Zoning Administrator Mahusth noted the certificate of mailing and the affidavit of publication. The following neighbors were present for the public hoaling: Kary Ann Stinson of 2040 Spates Aveiiue A.J. Teurergeau of 2060 spates Avenue Pauline Bouchard of 1860 Shoreline Drive Ronald J. Prineas of 1980 Heritaoe Drive Mabusth as);ed if any of the members of the Planning Commission were able to attend the open house given by the Hauls at 1900 Shoreline Drive. Goetten hadn't received her invitation. Rovegno said ho had tried unsucce.ssf u 1 1 y to reach Goetten. Sime and McDonald were unable to attend. i /U H • i' MiNUTiu; oi' Tni: ohoho pi-Anninc. coKMJiJsioN mi:i;tin’(; op jakdary 21, lynii pack 1 # ATTKNnANCP 7:30 PM Th<' Orono PJanninq Coninii ss i on met. on the al.-ovo (late with the fcllowinq members present: Chairpcrson Goetten, Rovcqno, one] Si me. Planning Cemmisrion members McDonald, Kelley, and Callahan were not present. Building f. Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. Council Pepresentative Frahm was also present. #853 DOUG KI.INT 3545 IVY PUVCP. SUBDIVISION OP LOT LINE REARRANGEMENT Tom Bernier was present. Doug Klint arrived while the Planning Comniission was making tlto niction to ajjprove the application. Rovegno moved, Sime seconded, to recommcrid approval of the plat of a lot line rearrangenient known as Casco Cove finding the new building envelc[)os unrestricted and satisfying all standards of the LR-IC Zoning District and all existing structures mcet the reguirc*d setbacks. Appioval is subject to the condition that a drainage easenent within Lot 3 be designated on plat firicr to scheduling subdivision for • Council action. Motion, Ayes (3), Nays (0). #876 RANDY ASPLUND 3424 EASTIJtKE ST. VARIANCE EXTENDED PUBLIC HEARING Rovegno moved, Sime seconded, tc table the Asplund variance application until the ajiplicant can be present. Motion, Ayes (3), Nays (0). At thc’end of the meeting. Handy Asplund still had not arrived at the meeting so Planning Commission acted on the application. Rovegno moved, Sime seconded, to rc-comrond denial of the variance applications of Randy Asplund fer the fence and the concrete pat ios wi thin 75 ' of the lakeshore based on the fact that the applicant has demonstrated no hardship for basis of approval of the variance. ^5otion, Ayes (3), Nays (0). #883 GARY PRINTUP 1261 BRIAR STREET VARIANCE PUBLIC HEARING 7:35-7:36 PM Gary and Linda Printup were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for thin public hearing. Chairperson Goetten closed the public hearing at 7:36 p.m. I To: From: Planning Commission Michael P. Gnffron, Assistant Zoning Administrator Date: March 13, 1985 Subject: #889 Eugene Nelson, Pig Island - Subdivision List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J - Application - Flat Map - Property Owners I.ist - Survey and Site Flan - Tr.tle Certificates - Record Lot Sketch - Staff Letter to jay Smedberg 3/8/85 - Selections From Code Section 10.31 “ Lot Area Variance and "Special Lot Combination" Resolution and Other Initial Mailing Documents - Minutes, 2/19/85 Planning Commission Meeting Planning Commission tabled this request at the February meeting pending further staff discussion with the current and pending property owners regarding whether Lot C should bo or can be a sepciiute record lot. A thorough review of the RS Zoning District regulations reveals that when owned in common with the adjacent Lots 6, 7 and 8, Lot C cannot by code be a separate record lot (see Section 10.31. C'lbdivision 6 (A), attached). The original intent in creax-ji.-j record lots in the RS Zoning District was to recognize existing ownership and usage patterns. Lots 6, 7 & 8 were historically owned by the applicants (Eugene Nelson s) sister; Lot C was owned by his mother; a cabin exists only on Lot ^ ^t Lots 6# 7 & 8 were used as access to Lot C. Both former City Planner, Alan Olson and the Nelson family members apparently agreed that the historical pattern of use was as a single lot, and in fact that is how the applicant is selling it to Mr. Smedberg. But Section 10.31 Subdivision 6 (A) clearly states that when contiguous properties become commonly owned, they by definition are thenceforth considered an a single record lot. To quickly capsulfzo for you the process that was followed when the RS District was created: 1. The record lot determination, including which parcels are included in each record lot, became part of the ordinance creating the zoning district. 1 n ■Midi 2. staff sent to each property owner the following documents for .Tpprova 1, signature and return: a) b) c) d) e) Ordinance Summary Cover Letter Official Record Lot Notice Combined Tax Assessment Request Form Lot Area Variance Resolution 3. When documentation was returned, it was taken to Council for final approval and filing in title; or If documentation was not returned by property owner within 6 month deadline, automatic lot area variance was not granted. Owner'would have to apply for lot area variance at such time any construction was planned on the property and pay the standard variance application fees. Approximately half of the record lot resolutions have been finalized to date; a few have been returned and are awaiting submittal to Council; many have yet to bo returned and finalized. The process of combining lots that are separated by un developed rights-of-way, known as a “Special Lot Combination", is simply the Record Lot Resolution filed in the chain of title of the affected properties. The County will not combine the taxes over the right-of-way in most cases, but for zoning purposes the record lot is considered combined and portioiis may not be resold individually. (Sample resolution - see Exhibit I.) I suggest you re-read all of Section 10.31, Subdivison 6 as a review of the Record Lot Area requirements. Note that the code specifically deals with Mr. Smedberg's problem and that he really has no choice in whether or not Lot C is part of the record lot once he is the owner of C and 6, 7 & 8. His only recourse would be to ask Council to amend the code. Staff has discussed briefly this division with the applicant and the realtor involved and has had discussions with Mr. SmedLerg leading to the letter to him (Exhibit G) which I strong ly suggest you read as an outline of the action to date on this property. My memo of 2/11/85 still stands; staff recommends approval of the division of the lakcshore strip for future combination with the respective adjacent properties. Now, remember that the record lot resolutions not only restrict the future sale and use of the Big Island properties, but they grant an automatic lot area variance for those record lots which are buildable but substandard in size. Since the deadline for completion of the required acknowledgments and paperwork was rescinded in this case, it is appropriate that we now require the applicant and/or the future property owners to complete the record lot paperwork within 6 months or lose the benefit of the automatic lot variance. T' ' To: From: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator Date: February 11» 198,4'"^ Subject: #889 Eugene Nelson, Big Island Record Lots 16 and 22 Lot Line Rearrangement Application - Formally Divide for Tax Purposes A Strip of Lakeshore on Big Island Zoning District - RS List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Survey and Site Plan Title Certificates Record Lot Sketch Applicant is requesting that a narrow strip of lakeshore abutting Big Island Record Lots 16 and 22 be formally divided by the City for tax purposes. The division request is consistent with and a result of the discussions applicant had with former City Planner, Alan Olson when the Big Island ordinance was adopted. This lakeshore strip was somehow divided and torrensed as two parcels about 1970, but never approved by Orono and never divided for tax purposes. The City suggested that the applicant now bring this in for formal approval since he is selling the involved properties. Please refer to Exhibits D and F. Record Lot #22 includes Lots 9, 10, and 11 of Morse Park (Parcel C on the survey) and the northerly portion of the lakeshore strip (Parcel A on the survey). The lot area of Record Lot #22 is 1.03 acres. Record Lot #16 includes Lots 6, 7 and 8 and both portions of Lot C in Morse Island Park, and the southerly portion of the lakeshore strip (Parcel B on the survey). The lot area of Record Lot #16 is about 2.01 acres. Although not a part of this application, note then that Lot 15, Morse Island Park will become Record Lot #70^ and that the northerly portion of Lot 7, Morse Island Park 2nd Addition, will become Re£^^^^^ Both of these are unbuildable by themselves. This application is serving to tie up some loose ends left over from the adoption of the RS Zoning District ordinance. Note that the ordinance itself includes some errors in that Parcels 23-117*“23 32 001 3, 14# and 15 are included in both record Lots lo and 22. VJe will be filing resolutions in the chain of title of each of Record Lots 16, 22, 70 and 71 to preclude their future division and/or alert future buyers of the applicable development restrictions. Staff recommends approval of the subdivision subject to the combination of Parcel A with Parcel C, and the combination of Parcel B with Lots 6, 7, 8 and C of Morse Island Park. '■V> vv.- ' .■'A' ! CITY OF ORONO C) Date By _ i -n- & s~ >'/ SUBDIVISION APPLICATION FORM iFcc Rec ’d .OTZ' 3^yT5v.<.(Wj '■ ' A r. 1 j i__________ APPLICANT Name ^ j^e.-w—_ _ _ Telephone Vyy O 1 f S Mailing /ddress Q\!^ SO PROPERTY Name OWNER Mailing Address Telephone /"‘•^/ySO (Attach list if more than one) PROPERTY LOCATION Street Addi« Property Identification No. (P.I.D.) Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify) _ _ _ _ _ _ Present Zoning District PROPOSAL Division for Tax Purposes : Lot Line Rearrangement Only (no new building sites)■1 Subdivision for New Building Sites Number of Building Sites:Existing Units New Units Total Units Proposed Gross Density Units per Acres Minimum Lot Size:Square Feet Dry Buildable Land 4 Proposed Use: (check)Residential Other (specify) \ n \/ I V. li"*/f' *• f%9rfh . /' » .X — t. )0 »g 1 »■> 0" -/ // o. -o* AVE ^ •'V g i-' x,« c c;; \ «•> o' ^ « '\tS o,# \ Vi ;n vW A* X^ (% ’^^.-v-VX^X •- — V#*'\ ^ '♦* ’’ \ \^V*'' \ z \ ^ x'’\X ''^.2 \\ ^ ™ X S\f ■■'«•■>, ^ fs;; • •% \ '^V- ^-3r \ > i‘ \ *5^ r / '7r/^ >' IHM DATE 01/2 l/es BATCH 003 PROP AOOR OMNER NAME TAXPAYER NAHE/AOOR PROP AOOR OUNER NAME TAXPAYER NAriE/AOOR rROP AOOR OWNER NAME TAXPAYER NAHE/AOOR PROP AOOR OUNER NAHE TAXPAYER NAHE/AOOR PROP AOOR OUNER NAHE TAXPAYER NAHE/AOOR PROP Al OWNER NAHE TAXPAYER NAHE/AOOR 30 22-117-23 U 0003 HENN CTY PARK RES OIST HENN CO PARK RESERVE OIS P 0 BOX 296 HAPLE PLAIN HN 55359 30 23-117-23 23 0009 CARLISLE HAOSON CARLISLE HAUSON 09 SHAOY OAK RO HOPKINS HN 55393 30 23-117-23 23 0033 HARXE CARLSON HRS PREO HALES 3711 SO ARBOR UNE HINNETONKA HN 55393 30 23-117-23 32 0005 ROBERT H HCAULIFFE ETAL ROBERT H HCAULIFFE 1006 E HEDICINE LAKE BLVO HPLS HN 55991 30 23-117-23 32 OOOO GUSTAV K R005 ETAL ROBERT H HCAULIFFE 1006 E HcDICIME LAKE BLVO HPLS HN 55991 30 23-117-23 32 0011 VICTORIA NELSON HRS VICTORIA ARNESON 1115 CEDAR AVE SO APT 3 HPLS HN 55907 HEIOIEPIN COU»4TY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 30 22-117-23 91 0001 EUGE‘'E ^ NELSON EUGENE ‘ .lELSON 2115 E 36 1/2 ST HPLS HN 55907 30 23-117-23 23 0027 K U SAARI ETAL KENF4ETH U SAAPX 2293 VAI4IR COURT NH ROCHESTER H44 55901 30 23-117-23 32 0001 CAROLINE C ECK MRS H R NELSON 3115 CEDAR AVE SO APT 3 MPLS MM 55907 30 23-117-23 32 0006 ROBERT M MCAULIFFE ETAL ROBERT H MCAULIFFE 1006 E MEDICINE LAKE BLVO MPLS M44 55991 30 23-117-23 32 0009 GUST C RODS ETAL ROBERT H MCAULIFFE 1606 E MEDICINE LAKE BLVO MPLS MN 55991 38 23-117-23 32 0012 VICTORIA NELSON HRS VICTORIA ARNESON 3115 CEDAR AVE SO APT 3 MPLS HN 55907 REPORT NO. PI935901 PAGE 9 36 23-117-23 23 0003 CARLISLE HADSON CARLISLE HAOSON 209 SHAOY OAK RO HOPKINS HN 55393 36 23-117-23 23 0026 GEORGIA RUUD ET AL GEORGIA RUUD 13611 VALLEY VIEW RO EDEN PRAIRIE HN 55399 38 23-117-23 32 0002 GERTRUDE V NELSON MRS H R NELSON 3115 CEDAR AVE SO APT 3 MPLS M*4 55907 38 23-117-23 32 0007 G C RCOS ETAL ROBERT M MCAULIFFE 1606 E MEDICINE LAKE BLVO MPLS MN 55991 38 23-117-23 12 0010 VICTORIA NELSON MRS VICTORIA ARNESON 3115 CEDAR AVE SO APT 3 HPLS MN 55907 38 23-117-23 32 0013 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST MPLS MN 55907 # o o ..jfcdBUBiati ajat, »UN OATC 01/21/05 m BATCH 003 mOP ADDH OUNtH NAHC TAXPAYER NAHE/ADDR PROP ADOR OHHER NAH6 TAXPAYER NAHE/AOOR PROP ADOR OMNER NAfIC TAXPAYER NAHE/AODR PROP ADOR OWNER NAME TAXPAYER NAm/ADOR PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR PROP ADOR OWNER NAHE TAXPAYER NAHE/ADDR I 30 23-117-23 32 OOIA EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST HPLS HN 55607 3d 23-117-23 32 0019 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST HPLS rfl 55607 36 23-117-23 32 0063 ROBERT H HCAULIFEE ETAL ROBERT H HCAULIFEE 1606 E HEDXCINE LAKE DLVD HPLS HN 55661 36 23-117-23 32 0066 J A J CAHPE XXX JO H CAHPE XXX 15050 SCENIC HEXGHTS RO EDEN PRAIRXE HN 55366 36 23-117-23 32 0050 ROBERT H HCAULIFFE ETAL ROBERT H HCAULXFFE 1606 E HEDXCINE LAKt BLVD HPLS HN 55661 36 23-117-23 32 0067 OR JOSEPH G BRENNAN ET AL DR JOSEPH G BRENNAN 6625 INDIAN HILLS RO EDINA HN 55635 HCmCPlN COUNTY PROPERTY INfORHATION SYSTEM PROPERTY OWNERS LIST 36 23-117-23 32 0015 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST MPLS HN 55607 36 23-117-23 32 0020 CARLISLE MADSON CARLISLE HAOSON 209 SHADY OAK RO HOPKINS MIK*N 55363 36 23-117-23 32 0066 VIVIAN J NELSON ETAL VIVIAN J NELSON 6009 W 36TH ST MPLS HN 55616 36 23-117-23 32 0067 RONALD N SCHUMEISTER RONALD N SCHUttElSTER 6921 TRILLIUM LA EOnU HN 55635 36 23-117-23 32 0062 3 L JOHNSON ET AL DOROTHY R UTTER 69^*2 W OLIVE APT 39 PEORIA AZ 65365 TOTAL BATCH 003 00036 REPORT NO. PI635601 PAGE 5 36 23-117-23 32 0016 TIP HANNA TEO R HAIOIA 16115 KNOLLWAY DR S MIKTlETOfWA MN 55363 36 23-117-23 32 0023 0 W PRATT A C A PRATT DANIEL WELLS PRATT 20590 PARK PLACE EXCELSIOR HN 55331 36 23-117-23 32 0065 GUSTAV K ROOS ETAL ROBERT H HCAULIFFE 1806 E MEDICINE LAKE BLVO HPLS MN 55661 36 23-117-23 32 0066 R 0 COX A B E COX ROBERT 0 A BARBARA E 3967 U BROADWAY MPLS MN COX 55622 36 23-117-23 32 0066 FRED W HALES CT At FRED W HALES 3711 S ARDOR LA MIIOIETONKA MN 55363 o o c if w ■ 'M?V ■ RUN DATE 01/21/65 BATCH 003 riTv OF OKOWJ HtmcPlH COUr4TY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI<i35^01 PAGE 6 HX?i W- '' } •/. •. X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE Affl) TRUE REPRESENTATION OF INFORMATION AS IT APPEiU^S THIS DATE ON THE RECORDS OF THE HEfiNEPIN COUNTY DEPARTMENT OF PRQlfERTY fAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE t-M-fh #889 mmm w - - ^ •* . 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(r **^ * ‘V.J " O K •i M S* 0 03 5 cn (9 M Cb 1 w s Oo •i PiM* D 9) ct* O cf* D* <b H* Ct* Pi 03 c^- P p p g* ►1 c^ o> rf D- Q O Htr % rt- O < a ►I i P c4- S’ 1A> %• H* 3 cn p o €♦ H- O P P P P- M* H I rv> »J0 p- H*ntr p p tno vr o p- O ac p p <^a cl. p p o P c •-3 p t. VV \ J M*<n 5 1^' % V. 5S. I. V \ '1^ VX \%'X \ ^ ^ V\ N'X • ^ - > V. N i- 5 "i X sC '4 'S i 5 % I % V o H* c> O o ►8o M H* P w oo o (I> n> *p M* P § Pi CO % P fi’h % % 1/ V V <M* O O 1^ P fes p HP O P P P Po p H P P H» PiH* (g to 4:.“ 0 s:r1 M» P :r p oB P- U) 20 <o g p o o ->3 XT I \J1 -4 O O \jy 'i^JaaSb I ro U) CD ig ^ ^ K > ♦•f V^iyr— / f ir' BB k IQ k : L w > Si o 3 >e • ^ \ >.M /C i , v-4 a.77 f cr ; •..' % t% • • • f :t » • *> < Both ^pcrfiAf<>^oui Lo rs • <■ ey -mcMs. -Th^, «• I B/t /su^r^>t> Uts> #7o ^7/ L .%■ CITY ! OF I r CITY of ORONO I Post Offur linx 6T»«(*ryslal H;iy. Minn<*sciia f>5.’j2’i• Municipal Officch On the North Shore of Lake Minnetonka March 8, 198S Mr. Jay T. Srnedbory P.O. Box 590 Excelsior, MK 55331 Dear Mr. Fmedborg; Re; Big Island Propertv Having had discussions with you, with Eugene Kelson, and with Judy Frcnir.es of Century 21, it appears necessary to review the history of the Big Island property and reiterate the City's position on Record Lot 116. 1.After the K£ Seasonal Recreational zoning regulations were established on Decenber 30, 1982, a letter was sent to Mrs. H.R. Nelson, Mrs. Victoria Arnesen, and Vivian Nelson (the first two living at the sane address) dated February 15, 1983, informing them of the proposed Record Lot deter mination. At that initial contact. Record Lot *16 was considered to include Lots 6, 7, and 8, Morse Island Park (owned by Victoria Arnoson); plus all of Lot C, Morse Island Park (owned by Mrs. H.R. Nelson); plus half of lot 7, Morse Island Park Second Addition (owned by Vivian Nelson). No portion of lakcshcre property was included in Record Lot #16 since the abutting lakcshorc strip was owned by Eugene Nelson as part of Record Lot *22. 2.On March 27, 1983, City Planner Alan Olson discussed the record lot determination with Victoria Arneson. She stated that she had no problem with combination of her lots with her mother's lot (Lot C) as long as she couuld still build on her Lots 6, 7 and 8. Victoria and Alan agreed that the most likely location for a new cabin would be on Lots 6, 7, and 8 rather than at the site of the old cabin on Lot C. Alan noted that under the combined Record Lot *16, a new cabin could be built on Lots 6, 7, and 8 and at the time the building permit is requested, a decision would have to bo made whether to keep tlie old cabin on Lot C as a guest house or tear it down. Id II l)|N<. A /llMNt. • \SSISSIN(. _______ VIAIIMSIK \I|MN A I IN \S( I 47» ?l?h H hi II WlikKN < I 1^. I’r. Jc.y T. F:: c dl ere,' Pnge 2 March 8, 1V85 3. 4. 5. 6. On May 17, 1983, Alan Olson sent a letter to Victoria Arneson and Mrs. H.R. Nelson regarding the unique aspects of Record Lot 116. A copy of that letter is attached. The main points of the letter are: a)The record lot as originally defined consists of 2.16 dry acres, contains one cabin, has historically been used as a single building site, and was therefore defined as a single record lot in the ordinance. fecause of the separate ownership by related persons, the option was open at that time to list the separate portions as separate record lots. However, Alan strongly recommended that the combined record lot option appeared to most closely fit the needs of the owners and the City's planning purposes. Resolutions for the eombined option were included with the letter. They were never returned. The letter also rescinded the July 1, 1983, deadline for completing the resolution forms, but did not set a new deadline. On July 27, 1983, Alan Olson had a discussion with Eugene Nelson regarding Record Lots #16 and #22, noting the two separate torrens certificates for the lakeshore strip, and stating that the half of Lot 7 Morse Island Park Second Addition, should be a separate record lot. He also brought up the possibility of the Park Reserve District acquiring a portion of Lot C. (This never came to fruition.) At this point Alan expected Eugene to send the torrens certificates to the City for verification, and to send in the signed revised resolutions and comldnation forms for both Record Lots #16 and 22. Wo received the torrens certificates but not the signed resolutions. Upon Alan's resignation in September, 1983, he left staff an update memo on the current status of the Big Island record lots. The portion of this memo dealing with Record Lots 16 and 22 is attached. Since no action had been taken by the City or the propoerty owners, when Gene Nelson finally decided to sell the properties off in 1984, I was contacted by Judy Fremmes regarding the two record lots, and I sent a letter regarding Record I.ot 122 to the purchaser, Mr. Samuel A. McCloud, on November 28, 1984; and sent a letter to Frommes regarding Record Lot #16 on December 5, 1984. Based on the information in our files, and from my discussions with the people involved, the following is my understanding of the current situation; 1.The existing ord.nince includes Lots 6, 7, and 8 and Lot C of Morse Island Park, and lialf of I.ot 7, Morse Island Park; Second Adflition, as Record Lot #16. ? : % Mr. Joy 'J ‘. rinocU>oi c: Pago 3 Mo roll 8, ]985 2.Eugene Nelson and his relatives never hove formally resolved the record lot status of this or the McCloud property. 3.Since half of I.ot 7 Morse Island Park Second Addition is separated by a roadway frem your property, is not involved in your purchase agreenicnt, and is owned by a separate party, the City will agree to designating it as a separate unbuildoble record lot. 4 .The original intent in defining record lots on Rig Island was tc |)reservc the existing patterns of usage. The parcels which you are purchasing, although owned by a mother, daughter, and son, respectively, have beeen historically used as a single property. 5.Section 10.33, Subdivision 6(A) of tlie Municipal Zoning Code defines the "record lot" in the Seasonal Recreation District, and spccifica11y requires that when centiguous or abutting property (including properties separated by unimproved riqhts-of-wa^^) are owned in common or become owned in common, tjiey shall in total become a single record 3ot. A copy cf this section is enclosed for your reference. Therefore, although I may have indicated to you over the phone last week that there might be som.e leeway in considering Lot C as a separate record lot, there is no question that when Lot C and Lots 6, 7, and 8 are all owned by you, they are considered as a single record lot and may never be sold scrarately without City Council approval under specified conditions (Section 10,31, Subdivision 6(C)). Presum.ing t)>e City approves the subdivision of the lakesliore strip, your Record Lot 0 6 will include the scutliern portion of the lakeshore strip and Lots 6, 7, and 8 and C of Morse Island Park. In order to receive benefits of the autonatic lot area variance granted per Section 10.31, Subdivision (6)(F), you will have to acknowledge the record lot on a form provided by the City and apply for a combination of all separate tax parcels per Section 10.31, Subdivision 6(R). Vie will extend the deadline for execution of these documionts to Septem.ber 3 5 , 1985. If you have not returned them by that date, no automatic variance is granted and you will have to make a formal variance application to the Council (current foe is $150) in order to construct a new cabin anywhere on the property. By completing the automatic lot area variance forms, you maintain your right to repair, expand, or replace the existing cabin. If at some future date you wish to build a new cabin and retain the old one as a guest house, a conditional use permit would bo required.r i — t Mr. Jay T. Smedbcrg Page 4 March 8, 1985 In summary, the properties you are buying will bt, considered as one record lot, may not be sold off separately without Council action, and you have six (6) months to acknowledge this formally or lose the benefits of the automatic lot area variance. Please contact me as soon as possible if you have any questions. I am recommending to the Planning Commission that they recommend approval of the lakeshore strip subdivision subject to all property owners involved being given six (6) months to complete the automatic variance paperwork or lose the opportunity to be granted the autom.atic variance. As soon as the subdivision is approved by Council, we will draft the proper automatic variance and lot combination documents for signature by the respective property owner(s). Please call me if you have any questions. Sincerely, • . S ^0 / ■. „ V- - Michael P. Gaffron Assistant Zoning Administrator Enclosures - better to property owners (2-15-63) Letter to property owners (5-17-83) Alan Olson mamo (9-23-83) Mike Gaffron letter to .McCloud (11-28-84 ) Mike Gaffron letter to From.mcs (12-5-84) Code Section 10.31, Subdivision 6(A) Plat Map pc; Jeanne Mabusth, Building & Zoning Administrator Eugene Nelson Judy Frommes im I 1%■> \y S 10.31 G. Permit Limitations. A permit issued under this Subdivision shall not grant or vest any property rights to use of tiie public right-of-way or other public property, or in any improvements made thereto. Permits issued under this Subdivision shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. H. Hold Harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the City from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. I. Permit Hearing and Notice. The Planning Commission or the Council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days or more than thirty days prior to the date of the hearing by publication in the legal newspaper for the City. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the Planning Commission or the Council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Subd. 6. Lot Area Requirements. Within any "RS" Seasonal Recreational District, no new lot or parcel shall be created less than 5.0 acres in dry buildable lot area exclusive of any designated wetlands. Within any "RS" Seasonal Recreational District, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot as defined and identified therein: I. V A. Record Lot Definition. For purposes of the "RS" Seasonal Recreational District, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly-owned land that is contiguous except for being separated only by platted ORONO Cv 313 (4-1-84) S 10.31 unopened public right-of-way. Each record lot as defined and identified herein shall be considered in its entirety to be one lot for zoning purposes. 1. The effective date for determination of common ownership is November 9, 1981, the date of adoption of Ordinance No. 238 establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be determined by the deeds of record at the Hennepin County Recorder's Office. This definition shall not preclude the City from recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance. 2. The Council has identified and hereby establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by Record Lot Number in the left-hand column of Subparagraphs D, E, F and G of this Subdivision. Each such record lot shall include all land identified by all tax parcel property identification numbers (PID's) grouped together following the Record Lot Number. 3. Within sixty days after adoption of this Section, the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to bo included in such record lot. All existing uses in the "R5" District are identified in the Record Lot Inventory, Subparagraphs D, E, F and G of this Subdivision, and all such uses have been deemed to be seasonal in nature. The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by Subparagraphs F and H of this Subdivision, the owner shall on a form provided by the City acknowledge the record lot and shall apply for combination of all separate tax parcels pursuant to Subparagraph B of this Subdivision. Any record lot owner may appeal the record lot classification or use determination to the Council with no application fee required within six months of the effective date of this Section. The Record Lot Inventory shall be considered accurate and final for all properties except those found on appeal to have a demonstrable cause for change or adjustment. 4. Notice of record lot establishment as determined herein shall be filed by the City in the chain of title of each property. 5. Future changes in tax parcel, property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots listed hereinafter. New record lots shall be created only by Council approved subdivisions pursuant to Subparagraph C of this Subdivision, or by combination of two or more complete record lots listed hereinafter. ORONO CC 314 (4-1-84) ■ 'A I ; laritlMI rllfllii S 10.31 . . .®* T3X Parcel Combination Required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless or until the owner of such record lot shall apply for a formal combination of all commonly-owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. C. Subdivision of Record Lots. All record lots established in this Subdivision shall be continued in common ownership and snail not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and Council approval of a “subdivision” in accordance with the Subdivision Regulations Chapter. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buiIdable lot area or ntore. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry —buiIdable lot area, except as follows: 1. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. 2. Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge said property without necessarily creating an additional substandard building site. D. Subdi,idable Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of the following record lots may be subdivided into two or more lots in conformarice with the minimum lot area requirements of this Subdivision subject to subdivision application and approval pursuant to Subparagraph C of this Subdivision and to the Subdivision Regulations Chapter. Record lots are identified by Record Lot Number, and each includes all property identified thereafter by the listed tax parcel property identification numbers: ORONO CC 315 (1-1-84) m i rvi CITY of OUONO CITY OF ORONO Post Office liox Of.*Cr>Ktnl I^ay, Minr.cfcoUi 5f>323 • Municipal Officer On the North Shore of Lake Minnetonka February 15, 19S3 '1;'. (i'o'iscn Mrs. Victoria Arr.csor, 3115 Cedar Ave. So. Apt t3 Minneapolis, MN 55407 * Dear Island Landowner: 0 i-i^CfO \ t The purpose of this letter is the recent zoning changes on B affect your property. ..vide you with information regarding island, and how these changes nay The new RS Seasonal Recreational zoning regulations were established by City Council adoption of Ordinance "246 on Decenber 30, 1982. This action also ended the development moratorium that had been in effect since ‘.’ovember 9, 1981. k summary of the ordinance is attached. If you are interested, a complete text of the ordinance is also available for a nominal charge of $3.00 to defer printing and nailing costs. Your property is identified in the ordinance by the Record Lot Number shown above and on the attached blue page. This identification is part of a special section that inventories lot by lot the ownership patterns and existing uses of island property. Based on this record, the ordinance then g'a Old f a t he r s'" building rights for these Record lots by making them eligible for lot area variances. This means that for the first time even if your lot is less than five acres (or two acres under the previous ordinance) that you may now build a new seasonal cabin, or if you already have a cabin,that it may continue to be used, improved, added-onto or replaced with a new cabin, subject to building persifts and setback regulations, etc., but without questioning its use for building purposes, and without requiring any special City Council revew. In order for you to automatically receive the benefits of the lot area variance, you should review and complete the following before July 1, 1983: \ ; . 1. Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change. (over) BL‘IU»|N(. A 473 7357 • AS.M .SMS(. administration i FINASt F. - 473 7358 mu I< \^<)R^.S - 473 735S K e b r u a! y 1 !>, 1 V y 3 P.U,e 2 :> 2.If the Record Lot i ;i f o r r. n t i o n is complete, p 1 e n s e sign, have not.irired and return the white V.iriance Resolution. State law requires that all zoning variances be recorded with t!>e Ccup. ty Recorder in resolution form. Returning this resolution is optional, but if you choose not t ^o so, you may be required to pay a fee and file a formal varia:ii.e application in the fu arc if you ever plan to do any building on the property. There is no iec for having this automatic variance recorded at this lime. If your Record Lot consists of two or more separate tan parcels, a green form for requesting a combined assessment is enclosed. Please sign and return this to the City to allow your tax records to be changed into one parcel consistent with the zoning and to assure the most favorable tax rate possible. 4 .A conditional use permit issued by the City Council is required for certain land uses in the RS District, including the following residential uses: a) If you use or have used your cabin FOR MORE THAN 180 D .•X V S / Y E R. b) If you have .MORE THAN ONE C.'^BIN on your property. Refer to the enclosed yellow sheet for a definition of these uses including a description of when a special permit is or is not required If you wish tc apply for a permit, mark the yellow page .ind return it to the City. .Wc will send you the appropriate application form by return nail. * A postage-paid envelope is enclosed for your use in returning the above forms to the City. If you have any questions about this, please call Alan Olson or Jeanne Mabusth at 473-7357. On behalf of the City Council and Planning Co mmission, 1 want to take this opportunity to thank each and everyone of you whose interest and participation this past year has helped so much in the completion of this planning process. I have certainly erjoyed meeting all of you and learning so much about your island. 1 hope this last step can be kept, as simple as possible so that your property rights can be correctly recorded for your future benefit.51- ■ i Sincerely,• ! A*Tan . Olson City Planner E n c 1 o s u r e s CITY of OKONO vNt*: r' •%> • .'•': * • • ........... post Office Hun f»6»CfvM4'il H.iy. Mmnrmt.i • Mumcip;*! Off* *s 473-7J57 On the IsJorth Shore of Lake Minnetonka ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 This notice is p ovided to the ov^ncr/taxpaycr of record according to Ordinance f^246, Section 34.336 The following Record Lot classification will be con:;idered accurate and final un>>s you have son;c reason to dispute the facts used to ir.akc the classification. Record Lot identification forns the basis for the granting of autoratic lot area variances that ''Grandfather* * existing properties of less than 5 acres in area. RECORD LOT ricans all the contiguous or abutting land owned in conrr;on by the sane person or persons as of November 9, 1981, (the effective date of the Island moratorium) or at any time such common-ov»iership may occur thereafter, including one or mere separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "Record Lot" is commonly-owned land that is contiguous except for being separated only by platted unopened public right-of-way. r This RECORD LOT consists of as follows: tax parcel(s) Krs. Victori^ Arncson 3115 Cedar Avc. So. Apt i'3 Minneapolis, KN 55407 APrr.OXUiATE S!ZE^.lf ACSCS ( CLASSir:CAT'CS: (size IS exclusive of any wotlards) OVER 10 Acras. injy he SIDOIVIDAILEI [eVZn 5 AC AES, but LESS THA?I 10 ACHES (co?.!ormin9 but not S'JBDlVlDApLE) X SrPSTAN’DAPD/DUlLr^AHLE (loss thin 5 acres; a new seasonal cabin r.ay bo built, or an existing toarcnal cabin i^ay he ittproved, added-onto or replaced, sub)cct to sctbacKs, pcr.TiitE, etc., but without requiring further City Council review) UKBUILDAELE fr<?ans a vacant lot of less than 1/2 acre; rsay be used (o; rccroatlcnal purposes without a cabin, but rcquliet a Cou.ncil approved variance to be built on) 6/ UCJ / / COO 2 Z F U.R, ) N€L<,otJ -///-;? 3 3?00(0 "\ .............. ^■3-7/7-25 C'OH ^7 V. ArifJE.^J HI' P-3 no!3. . \ ) 93-117-91 ccA4 \j. EMSTINC *jsr CLArS:riCAT!ON AXCALATlOr.AL USE C.MY (without a cabin) fEASON'AL CA0:s*. uted 180 daya or loss/year (i! ycur cabin is used rrerc then 160 days/ year, please cor^leie the YELLOW applicaticr Seaf.onal Cabin plus a PRIVATE GUEST CAB IS Other co :.‘eit:onal use PLEASE VERIFY THE ACCbWtCi OK THE ABOVE INFORMATION. If there‘is an error or a change, please mark the correction and return this page to the City in the enclosed postage- paid envelope. We want this permanent record to be correct. IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION Af^D/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal written appeal before July 1, 1983 , or the record lot will remain classified as above. Sign below and return along with a separate letter stating the problem and facts supporting any change. Additional Information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. Ovncr/Iaxpayer Da t e Phone - •>- t*.v-f ‘A • ...'.•f' tela © vsiS SW.SIfS'fi) r»‘' • .J CITY of ORONO Post Office Pox C6«C»ysiaI Hay. Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka PLEASE CO>iPLETE ANT) RETURN THIS FORM TO THE Cm* OF ORONO in the attached postage-paid envelope. Doing this will result in conbining your separate tax parcels into one parcel for assessing purposes consistent with the current RS zoning. TO:Vernen T. Hoppe Finance Division Director 603 Adniinistration Tower Governrient Center Minneapolis, >Ln. 554S7 ,1983 (please date) DE.AR SIR: I KEF^BY MAKE A REQUEST FOR A COMBINED ASSE.'=SMENT ON THE FOLLOWING DESCRIBED LAST) (all of which ccr.bined are identifed as Orono Record Lot No. //^ ) : V?5-//7-:?1 z^/7/ ____________ C~A4AS -//? -;?3 3;? /^/o OOtf ) iiWGiorJ //7-21, no/Q ^ CITY NO. 38 FOR 1983 T/cX YEAR Signature of Fee Owner Signature of Taxpayer (If different) Taxpayer's Mailing Address (OFFICE USE ONLY) COMBINED CURRENT VALUES ♦ '1 H OR N. H. AGR E>T<?.LAND • BUILDING MACHINE •• TOTAL FULL AND TRUE TOTAI. ASSESSED • « * • • “r*-. . .• V r *' • * HL tlDIVCa ZOSINC - 473 7)J7 AOMIMS7K/UIOS A I INANt I - 47) 7)Jfc » frt fa t |•lBLtCV^ORKS 47}:)J9 Jl ■ K M ft f;Citj^ of ORONO © -1 CITV OF ORONO RESOLUTION OF THE CITY COUNCIL i NO. APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO PURSUANT TO ORDINANCE N0.2-i6, SECTION 3A . 366 BE IT RESOLVED by the City Council of Orono, Hennepin Countv, Minnesota: FINDINGS 1. That is (are) the o w n c r (s ) / t a X p a y c r (s ) of record of the following described property* located within the RS Seasonal Recreational Zoning District of the City: Lots 6, 7, & 8 and Lot C, Morse Island Park; and the north one-ha..f of Lot 7, Morse Island Park, Second Addition, Hennepin County, Minnesota 2 .That in adoption of Ordinance No. 246, the City Council reviewed ownership, developnent and use patterns on the islands and has determined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 34.366 of said ordinance. 3.That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new* lots in the RS District, but that this RECORD LOT is being used and/or nay be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION ihe City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following Conditions: 1 .This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2 .Granting this variance means this RECORD family seasonal recreational use without new seasonal dwelling may be built; or an may be used, improved, added-onto or rep.' further City Council review of lot size, liance with all building permit, setback, treatment and other performance standards RS District. LOT may be used for one- a structure; or a single existing seasonal dwelling aced; all without requiring but subject to strict comp- hardcover, on-site sewage for development in the . . . . PAGE 2; RECORD LOT NO.RESOLUTION NO. 3.Grantin}*, this variance shall not vest any richts in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amendinc. modifying or other wise limiting devclopxent rights and/or perfornance standards in che RS District. *4 .Tlie undersigned has read and understood the terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may bo so limited by the City; and agrees to the recording of this resolution in the chain of title of the proper ty. Adopted by the Orono City Council on the day of 19S3. ATTEST:CITY OF ORONO City Clerk flavor O)(2) Property Owner(s) STATE OF MINNESOTA ) ) s s. COUNTY OF HENNEPIN ) On this dav of 19 , before lae, 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 ' 4 This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Ta.r Due Hereon: Exempt This instrument was drafted by: City Of Orono P . 0 . B o >: 6 6 Crystal Bay, Mn. 55323 473-7357 Ir >1:3 y. CITY r\c CITY of OROXO l*oj»l Office lU)x 6G»CryfcUil Bay, MinneMita f)r>323« Municipal Offices OF ORDNOj On the North Shore of Lake Minnetonka DccGiTiber 5, 198 4 Ms. Judy Fromnies Windward Properties, Inc. 2385 Shadywood Road Box 15 Navarre, MN 55392 Re: Big Island Record Lot 110 Dear Ms. Froirjries: It is the City's understanding that the property known as Record Lot #16, which is now oeing sold, will not include half of Lot 7, Morse Island Park Second Addition (P.I.D. #23-117-23-32-0044). This situation is agreeable to the City, with the understanding that this 0.15 acre parcel will be recognized with a new record lot number by itself and will henceforth be considered as a substandard unbuildable lot per Zoning Code Section 10.31, Subd 6(g). Record Lot #16 will then include the following parcels: PID Number De.scri pt i on 23-117-23-32-0001 23-117-23-32-0002 23-117-23-32-0010 23-117-23-32-0011 23-117-23-32-0012 Part of Lot C, Morse Island Park Remainder of Lot C, Morse Island Park Lot 6, Morse Island Park Lot 7, Morse Island Park Lot 8, Morse Island Park In addition, once the formal subdivision has been approved by the City of Orono, Record Lot #16 will also include the portion of the lakeshore strip (P.I.D #22-117-23-41-0001 ) located adjacent to Lots 6, 7 and 8. BLU.UIM.& /US|S(.^ J7I7U7 xIiMIMMi; UU)V A J717UH |»l 1.1 1/ U » .1 k V §’» I I4»i . ’ f 1 Ms. Judy Tr onunc s Page 2 December 5, 1984 I am forwarding to you the following documents: 1. Lot Combination Request Form. This is to combine the piopcrty for tax purposes. It is likely that the two parcels comprising Lot C will be combined, and that Lots 6, 7 and 8 will bo combined, resulting in two tax statements. It is unlikely that the County will combine across the right-of-way unless a street vacation is approved by the City. It is also unlikely that the County will conibine Lots 6, 7 and 8 with the lakeshore strip unless approval of both school districts is granted. I uould suggest you consider the possibility of a street vacation (there may be objections by the power or phone company) and not bother with the school districts. 2. Lot Area Variance Form - Standard resolution form. This will be recorded in the chain of title of the affected properties. There is no charge for this variance application. 3. Subdivision Application Form - In order to divide the lakeshore strip, a formal metes and bounds subdivision for tax purposes must be approved by the City. 4. Street Vacation Application Form. Suggested order of procedure: 1. Apply for the subdivision of the lakeshore strip. * 2. Tvpply for street vacation of the portion of ''^5oslin Avenue" betv;een Lot C and the other affected lots (6,7 and 8 ), (perhaps Mr . McCloud would join in the vacation of the portion along his Lots 9, 10 and 11). .On the face of it, I don't know that the City would object to vacating this roadway, but the Big Island neighbors might. * 3. Apply to both school di str icts to have their boundary moved so that the lakeshore strips can be combined for tax purposes with their adjacent lots. 4. Once the above ite.'ns are complete, return the signed lot area variance forms and the signed lot combination forms to the City. *NOTE: We consider Steps 2 and 3 as optional based on the whims of your client(s). Please contact me if you have further questions. Sincerely, < 2^ •// Michael P. Gaffron Assistant Zoning Administrator : j d i-- -. ■■.■13?; Si CITY of OU()x\ () rn*»l OfiMi* l*ii • (‘rysl.il H.'iy. Mifinrsnl.i .V» rj i • Muni< ipiil Otfuts On the i\t)rth Shore u( Lake Minnetonka May 17, 1983 Mrs. V: coria Arneson Mrs. H. R. Nelson 3115 Cedar 7%venue South Apt. 3 Minneapolis, Mn. 55*107 RE: 3ic Island Record Lot No. 16 Dear .Mrs. Arneson and .Mrs. Nelson, Enclosed is an information packet on your Big Island property as sent to all ov;ncrs on the island. The purpose of this is to inform you about the nev zoning ordinance adopted last December, and to record information about your property to ensure that your building rights are protected to the fullest intent of the ordinance. I apologize for the delay in getting this informaiton to you. One reason for the delay is that your property as identified by this Record Lot is unusual in several respects. I want to bo sure that you understand what the ordinance says and w.hat options you have available. •he basic intent of the ordinance was to protect and preserve the existing lots with cabins on them, and to allow creation of new building sites only on lots of 5 acres or more in area. This Record Lot totals 2.1G acres of dry land (plus 1.25 acres of wetland) and has one cabin on it, so it has been defined as cne building site in the ordinance. VJhat makes your land unusual is the related ownership and use patterns that tic together s»’*parate parcels owned by three persons: 1.The cabin is located on inland property listed to Mrs. H. R. Nelson. This could bo a separate record lot except that access from the lake to the cabin runs thru the Arneson lots. 2. The vacant hillside listed to Victoria Arneson totals about 0.65 acre, which in itself is small to be con sidered an additional building site. But this is the ideal spot to put up a new cabin to replace the one on the back lot. This could be considered a separate record lot because of tlic separate owruirship if you want it to be. »UI /tiMNt. •admimmr A I ivanci n M l( u<i!<KS 47J-7.'5‘I ■ r It Mr r>. V i r» or i a Ar noson Mrs. n. H. Kelson May 17, 1983 3 .The last piece is 1/2 of lot 7 listed to Vivian J. Nelson. This is only 0.15 acre in area and land locked. It could be listed as a separate record lot, but would never be separately buildable. By including this in the one record lot some additional lot area credit is gained without loosing any build ing rights. YOUR OPTIONS , You may choose to have the li.R. Nelson and V. Arncson lots listed as two separate record lots instead of one. This would recognize the two separate owners even though you are related and living at the same address. D. You may choose to have the H.R. Nelson and V. /Arneson lots listed as one combined record lot, (with or without the V. Nelson 1/2 lot) which is the way the ordinance provides now. I think this is the way you view the property now. This would still provide three ways of handling the cabin: 1. Keep using the existing cabin as is;or 2.Replace the existing cabin with a new one located anywhere on the combined property, and without requiring any additional variance procedure with the city (this is what the attached resolution is for); or 3.You could also apply for a guest cabin permit that would allow you to build a new cabin on the front lot and retain the old one as a guest cabin for occassional use. This decision doesn't have to be made now but only at the time you might consider building a new cabin. All things considered including your phone call to me last March, I think that Option B (the one combined record lot)will best servo both your needs and the citys' planning purposes. IF YOU AGREE WITH OPTION B, please sign, have notarized and return the white variance resolution (form jt2) with the signatures of both Mrs. H. H. Nelson and Victoria Arneson. The signature of Vivian J. Nelson and inclusion of her 1/2 lot is optional. Also then have the same persons sign and return the green lot combination form (13. IF YOU v;ANT TO HAVE THE H.R. NELSON AND ARNESON LOTS LISTED SEPARATELY, please call or write to lot me know and I will have some revised forms made up for your signature. Don't worry about the July 1, 1983 deadline indicated on the forms. Since this notice to you is late, the July deadline will not apply. Please consider this carefully and give mo a call if you have any questions. ■ ■ ■ n I- . V Thank you for your assistance. Sincerely, % 1 1*% t M ^Alan P. Olson City Planner APO/msw cc:Vivian Nelson 5009 W. 3‘lth Street Minneapolis, Mn. 55416 J.V -- -- - - Jl MINUTIJL'. OK 'J'HK OHOKC) PI.ANNJNr. COMM 1 r.!'. J ON MHK'I’ING HIM.I) ^•^:lU<UAUy 3 9 , 3 9B9 I’AGM 3 a#889 EUGKNi: NELSON IG ISLAND RECORD LOT #16 & LOT LINE REARRANGEMENT SUBDIVISION PUBLIC HEARING 7:56 - 8:16 PM Eugene Nelson was not present. J.T. Smecll>erg was present to rcp»rcsent his interest in the subject- property. Zoning Acini ni si rat or Mabusth noted the certifi-’ato of mailing and the affidavit of publ i catio.*'. Mcbustli noted that this application is t o f ormn 11 y di vide a st r i p of lake shore on Bi g Island for ta.y purposes. Mabusth stated that this subdivision is serving to tie up seme Icosc' endr- created in 197C when tb.e registered land was divided without City approva1. J.T. Smedberg stated that Orono 'ade this proposal a few years ago to Eugene Nelson and Nelson never resp>onded. Smedberg noted that the property at chat time was owned by three different persons. Smedberg noted that the RS Zoning District was created for seasonal use and were grouped together according to family ownership. Smedberg stated that Nelson's sister owned some of the property and then he bought the piojierty frem Eugene Nelson. Chairman Callahan closed the public hearing at 6:16 p.m. Sim.e felt that he could not act on the application tonight because of the misunderstandings between applicant, new owner, and staff. Sime moved, Taylor secended, to tabic Nelson's lot line rearrangement application in order to allow time for staf f to work with now owner and applicant. Motion, Ayes (5), Nays (0). . Planning Commission asked staff to submit a report concerning the RS Zoning District on Big Island and the intent of such ordinance along with the separation of ownership by right-of-way (roads) on Big Island. PROPOSED AMENDMENT OF THE FLOOD PLAIN/WETIANDS MANAGEMENT SECTION OF CODE PUBLIC HEARING 9:50 - 9:58 PM Zoning Admi nist r<itor Mabusth noted the affidavit of publication. Mabusth explained the the Departmient of Natural Resources (DNK) has setforth different setback standards for specific lakes and a drainageway within the City. Rovegno asked staff to find where it roguircs the City to adopt the DNR's regulations. ■i To:Plnnninq Commission Prom:Michael P. Gaffron, Assistant Zoning Administrator Date:March 14, 1985 Subject: #900 James W. Ogland - Record Lot No. 38 - Big Island Variance - After the Fact Zoning District - RS (Big Island) Application - After the fact hardcover and lakeshore setback variances for deck and storage shed in lakeshore yard. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Property Owners List Plat Map Hardcover Calculations Survey Sketch Photos Alan P. Olson Memo 9/23/83 The applicant is planning on constructing a seasonal cabin on his Big Island property this summer. In reviewing the file for this property, it came to staff's attention that an illegal deck and small building had been constructed on the lakeshore sometime between Summer '*982 and September 1983. Please read the memo from Alan (Exhibit H). >s building, now known to bo for storage, was constructed without ptimits in violation of the zoning ordinances. applicant signed and returned his automatic variance forms in a timely manner in May 1983. Alan held those up after discovering the work in violation. Staff brought applicant in for an after-the-fact variance after discussions regarding the access to the property indicated some form of deck may be necessary to allow safe access to the property. A narrow strip of level shoreline exists next to the lake, then a steep bank of 50-65% slope or steeper rises to a more level plateau and building site above the lake. Applicant has stated that the shoreline is treacherous to walk on and must be traversed in order to reach the south end of the lot, where the lesser slope allows a pathway to the higher parts of the lot. The existing deck is slatted, and the appli cant has stated that the shoreline is mainly sand, hence the deck may nearly meet our non-hardcover deck standards. The small storage building is 7'x8' and located about 12' from the shoreline according to the survey sketch. Applicant states that it is necessary for practical utilization of the shoreline. 1 since it is impossible to safely travel to Big Island at this time in order to view the site, you will have to rely on the photos attached; the original color prints will bo at the mooting for your review. t <y ' I ^ It _________ . OnnO^CSup-t w ^O ^€ihc^c.K O-IS' 5T-ir'S' ^0^ Vcno^if^ CITY OF ORONO - VARIANCF, APPMCATIOK Initinl Application Fee $150.00 ($50.00 pel Ctiofi€:iclcli *Aftcr-thc-Fact Fees (Additional $50.00 payment per each pr o r% f\ li*^ PROPERTY LOCATION Site Address LoT 2^4 XSod>MCi Pa-^Ik, ^ Property Identification Number (P.l.D.) 2~ j> " I FB29e8 -^W^FORONO Please clieck one -- Is the property _ _ abstract or torrens? Please attach leqal description to appl i cat i on if not included on required survey. <i\ APPI.ICANT Name OO.Phono Mailing Address 9:icOV ^KC-eCStcdOu^Q Uul^ Pa ^IC S‘SV^<^ OWNER Name ■v JAwVj^i Phone Mailing Address E/CCij ^src^C^'cTi.. A l^O ^'t CocAji^ P/y2^ tt'ihj Date Property Acquired _ _ _2-_ _ _ _ _ _ _ _ (month/year) I (do) ^^not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property /?/cmA L^. Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ \Soo Describe request in detail: fi. K)S.An O^jTt Anf.A_______________________ hf€‘ O t \c< O^C t VARIANCES REQUIRED Lot Area Lot Width Hardcover Setbaclt Variances (Front Side Rear) Other (OVER) HAKDSillP ^ mm • undue hardship or practical difficulty resulting from strict- ~ enforrement of zoning regulations; ^T^e,p ±JQ pa/)cllCA. DESCRIPT^^,_f)F UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing comp] iance with Zoning Code Requirements: _^Te^P £A//34/ut«^gA t -fzWxi ,p/^<?i/>-cvCis ,''}/)Ac.^ ra\)e/7. . "niuridt. ^ JAcrg5S 'Ai^F-A ------- REQUIRED SUBMITTALS 1. Completed Application Form. 2.Certified Prope r t y Owners List of owners within 150' (you can obt a in this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3.Stamped, legal sized envelopes ( i 10 ) pre-addrossed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. 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. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admi nistrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information suppl ied is true and correct to the best of his/her knowledge. Applicant's signature . UJ. OWNERS SIGNATURE Date gS The owner hereby acknowledges 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 investigation and Verification of this request. ^ Owner’s signature U)Date 2-2 Applicant must have all submittals into the City offices 25 days before the Planning Commi ssi on Mooting. Planning Commissi on Moot i ngs are held on the third Monday of each month. RUN DATE 02/22/85 BATCH 005 PROP AODR OVOIER NAME TAXPAYER NAME/AODR 38 23-117-23 23 0015 JAN AKERBERG JAN AKERBERG <i075 HICmtOOD RD MOUND MN 55364 23-U7-23 23 00 HFMNrPIN COiniTY PPOPrPTY IMFOPMATION SYSTEM PROPERTY OWiERS LIST 38 23-117-23 23 0016 PROP AODR Ol.<NER NAME TAXPAYER NAME/AODR PROP AODR OMIER NAME TAXPAYER NAME/AODR JOSEPHvM 4 MA«r J BACKES JOSEPH ET AL 3416 JIDAmJT^A MINNETOrfKA MN \55343 38 23-117-23 23 0035 FRED E GUKESON STEPHEN O'GARA 116 N LINDEN ST NORTHFIELO MM 55057 ''.mi.'m REPORT NO. PI435<i01 PAGE 10 JAN AKEPDERG JAN AKERBERG 4075 IIIGH;!SC0 PO houn) rn4 SS364 38 23-117-23 23 0032 LOIS A BENTON JAM**5 W OSLA?rO 5600 EXCELSIOR BLVO ST LOUIS P/RK MN 55416 38 23-117-23 23 0028 GEORGIA PUUO ET AL GEORGIA PUUO 13611 VALLEY VIEW PO EOEN PPAIPIE MN 55344 mm vs 38 23-117-23 23 0034!l J A A I ISAAMAN JACK A 1SAM1AN 5308 M HICIIWOCO DP EDINA MN 55436 *N fimmwi -..C'D' OF OROK'O TOTAL BATCH 005 00007 #900 I CEPTIEY THAT THE FACTS PEPR'SENTED APE AN ACCURATE AK*0 TRUE REPPESENTATION OF INFOPMATICN AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEliliEPIN COUNTY DEPARTMENT pF ^OPERTY TAXATION,, TO THE BEST OF MT KNONLLDGE AND BELIEF DATEy./ ...rnmmmmik u. CM crl P c\J CM (J l.tJ 01 m tM Cof i*c 23 /If * /• •1 «*’>T,Twn IS *ioT A '' TMi'i PLAT IS CC“*”’ ^ .. . . . . • * - »'« . -.j j'.N’Mf'. vUi r •< . I • #. • r Zs-iii-zi' ^fiWiliVIPlIMRtlM XL< ORONO HARDCOVER CALCULATION WORKSHEET #900j L->LAKESHORE SETBACK ZONE A. Existing lot area in zone B. Existing liardcover in zone C. Existing hardcover percentage 1(BvA) X 100) D. Proposed hardcover in zone E. Proposed hardcover percentage ( (DfA) X 100] F. Allowed hardcover percentage 0-75’sf — O “ sf _0-u.s /O 0 *■4 75-250'St lP " sf -O-*■ 1 1 1 ^ sf (rS ya.25 Vo 250-500'sf sf 'V sf 30 O// r* 500-1000•sf sf fy sf %35 Vo Directions; - A. Existing Lot Area in Zone ~ includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain-impervious surfaces within the specified zone. C. E.xisting Hardcov'er Percentage - divide the number in H by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages — divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if ^ concurrent removal of existing hardcover matclies the additional luirdcovor proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. i/* ^ ^ S^)kk) ^iAs-e^ ) 'vsme V T>(U>fCsCr>•» t •I • I f* • n tin I.AKESMOP.F. HIX'.ULATIONS AND HARDCOVEK SEC. 10.22. REGULATIONS FOR "LR-IA", "LR-lA-1", "LR-lB", "LR-IC" AND "LR-lC-1" ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-IA", "LR-lA-1", "LR-lB", "LR-IC", or "LR-lC-1" One Fa.*nily Lakechore Residential District the following regulations shall apply: Subd. 1. Lakeshore Sot Back Regulations. The sot back from the shoreline for lakeshore lots shall be at least 75 feet and no building may bo located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. vjithin 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall bo no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall bo no greater than 35% hard cover. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. HARDCOVER LIMITATIONS 0-75'Zone - 0%Hardcover iallowed 75-250’Zone - 25%Hardcover allowed 250-500'Zone - 30%Hardcover all owed 500-1000•Zone - 35%Hardcover allowed Percentage of hardcover for each zone IS calculated as follows: Area of hardcover in zone (sq. ft.) X ICO =Percentaae of Area of lot in zone (sq. ft.) hardcover in zone NOTE: Measure setback distances perpendicular to the shoreline, not along the lot line. iiiiiii&tiifeiiyitMitatttfb -■//S.2^- ' y / M M A *'/5 ///7^ /‘/se. V' •/ -256t-- ;i ,1 / ^ o Denotes Iron Monument XOOO.O Denotes Existing Elevotion iOOO.Ol Denotes Proposed Elevation ------Denotes Di»ection of Surface Drainage ■-23/ I hereby certify that this is a true and correct representotlon of a survey of the boundaries af: Lots 25 ond 25, l.tORSC ISLAND PARK, Hennepin County, Minnesota And of the location of all buildings, if any, thef'-t.-.; -.v’ d all visible encroachments, if any, from or on said land. As surveyed by me this 9th d-\v -f .January 19 85 . Thomos S. Bergquist Registered Land Surveyor, Minn. Lie. No. 7725 \ j , % .'''’'=^,; 'T-l ■ •" v».% V uy«- ^ •Ml u-*r<i w. -:-'.-^vc ^|] T A ^ \ . . r /r?Ti-.J S> y - IS "T* ] *-:>A-=r^l . *',; £! ;f :»*:’rn r> ,. - ♦ ,*—'1 — •--* -fr^ ^ '- • _ V ,>♦ •l - . • • t '» i ; if vi 1 «#» ^ / - f » •r«ic-^r.-a^>'-' '^' '■ '-■ ii*'**. \h >-»'V *■> ■ ; 1 ■ ;^ ^V-<' ■ V -fi-^.... /- ... • i’>r. i':-\j 'a^-i ^ ?/-■-.. sMt ■V. J' :-''A^ ■’ * .U^v : ! # z'. ^. r II ’4 s ■ tp.i;.-'■ •■'*'■ '''■ ;?> ;j S". %■. ■%r. '<-ri• - ’y :•/’. y.=‘ -'- v.;;-t.?5iK:i;.'fcv-.■= > •*.> : r _ y r*..-fif M, •' - r . ^ J ’. '.>1 '# '* ■i lfiyEi;^».-.=. *=iy--• ‘ • • - 4 r TO:JEANNE A. M/vDUSTH, ZONING ADMINISTRATOR FROM:ALAN P. OLSON, CITY PLANNER DATE:SEPTEMBER 23, 1983 SUBJECT: ISLAND ORDINANCE, ETC. THINGS TO DO 1 . ■ RECORD LOT H9, Liljemark: see file Auqust 3, 1983 inspection/photo shows new steps built since fall 1982 inspection on shoreline without permits. SEND LETTER TO REMOVE SAME along with a copy of the automatic variance when approved. Also note this house has had other quite recent addition of rooms and a large deck (within 75' of shore) which wore also done without permits, probably within the last 3-4 years. Make sure they know these were violations of ordinances and that any further violations will result in citations. 2.RECORD LOT #38, Ogland: see file for photos ^ Has applied for automatic variance but I have not processed it. SEND A LETTER TO HIM. August 3, 1983 inspection \ revealed brand-new sauna and deck right on shoreline 1 which was not there at all in 1982. Was built sometime in spring-summer 1983. Violats all zoning and prohibitions. No permits. Tell him auto variance will not be processed and citations will bo issued if sauna not removed by ? 3.RECORD LOT #23, Kilbanc: see file August 3, 1983 inspection shows new signs and other evidence that Wayzata Yacht Club is still openly using this very substandard property without a Cit Joint use license, without sanitation etc. even after they told City that they had discontinued such use. Also Kilbane has not returned his automatic lot variance form or lot combo form. SEND LETTER TO WAYZATA YACHT CLUB AND TO KILBANE 1) Signage and use of property by Yacht Club violates both zoning ordinance #246 and joint use dock license ordinances Continued use without lot area variance violates r( zoning and jeopardises rights to add on or maintain existing cabin. Lot area variance would be automatically »ranted if: a) he returns forms b) he combines lots (2nd form) c) he clears up Yacht Club matter but no action on this if Yaclit Club use isn't either discontinued or brought up to code for sanitation, etc (which would be very different) Also for Kilbanc, separate mat.t(jr, he sliould also return variance form for RL #14 which would be approved if he rends form. ' 1 •r rr.f .4U- • > i -V r^*« \ if« VMk'Vi «A^t. T oanno A. Mabusth, Zoning Administrator Prom:Thomas J. Jacobs, Senior Building Inspector Date: Subject; March 13, 1985 #898 l.croy Koehncn, 3360 Shoreline Drive Commercial Site Plan Review Zoning District - B-1 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Site Plan Plat Map Test of Existing Tanks Engineer's Report Equipment Specification Sheet Mr. Koehnen has applied to the City to expand his service station at 3360 Shoreline Drive as follows: 1. install 10,000 gallon fuel tank 2. install canopy over existing gas pumps east of the building 3. install a one stall car wash within the existing structure 1) Fuel Tank Two 10,000 tanks exist on the property already (regular, unleaded) which have been tested (Exhibit D). O’^e more tank is needed for the sale of super-unleaded. The new tan)« will be reviewed by the inspection department and installed per Minnesota State Fire Code. 2) Canopy a) The proposed canopy wi 1 1 be of the same type of materials used on the existing canopy and principle structure. b) A variance will bo needed to install the canopy. A setback of 35' is required in this zoning district. Pro posed setback is 26' from the lo: line, a difference of 9'. The variance of 9' will net be detrimental to traffic visibility because of the height above ground. Required Setback Proposed Setback Varianco Variance % 35* 26' 9' 26% 1 ii 3) Car Wash The proposed car wash will bo within the existing structure. The entrance will be on the north side of the building allowing for cars to stack up and not interfere with traffic on County Road 15 or 19. The exit will be on the south side of the build ing and vehicles can exit on to 15 to travel west ox pass the gas pump and exit onto County Road 19 to go east# traffic flow sign age should be provided. A review was done for SAC and sewer units as follows: Car Wash (Service Station) 6 SAC 03425.00 = 3 2,550.00 6 Sewer Units = 8,070.00 Tot a 1 310,620.00 Staff recommends approval of the commercial site plan submitted by I.eroy Koehnen for installation of fuel tank, canopy over existing gas pump and installation of single car wash at service station at 3360 Shoreline Drive subject to the following ronditions; 1. New tanks installed per standards of Minresota State Fire Code. 2. Payment of $10,620.00 for total SAC and sewer unit payments with permit for installation of car wash. 3. Approval of setback variance for canopy finding nothing detrimental to traffic visibility. 4. Traffic flow signage provided on site upon completion of car wash. ttmam (•h. ' j± o±r <•...-•) /'><&ft O CITY OF ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3 ^ C' O 3//c?A t M 1^- F322SB CITY OF ORQM q I Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. UP 1 APPLICANT Name % # X^^py_____Phone __________________mi' 9^(9 ^ ' ^ <3 'i! (\6.uc) Mailing Address ^ _______ OWNER Name jLd /Ph y 6 //m«6. m_________ Phono /tn,v M Mailing Address Lck / nn dr Pci- Date Property Acquired (mcnth/yeir) ' I (do) (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS _ _ _ _ $100.00 a) Residential accessory Use _ _ _ _ $150.00 b) Institutional (church, school, etc.) _ _ _ _ $150.00 c) Duplex Credit/Bldg _ _ _ _ $250.00 d) Commercial/Industrial Use _ _ _ _ $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications _______ $250.00 Vacation $250.00 Rezoning _ _ $200.00 Appeals otljcr - sec fee schedule % Cc tLC C: ^ ^ " rt It''; . //^ ^ u/> >• ^ ^ t' r W’ »!•' •••’ • PRESENT USE OF I'HOI’EK’l’Y I j P^^cni Zoning Pi strict ^ ' c'f Property Residentia 1 Other (specify) DESCRIPTION OF REQUEST 1. Completed Application Form. 2. Cert if ied Property Owners List of owners within 350' (you can obtain this list f rom Hennepin County Department of Finance A-603 Governnient Center 348-3271 ) 3. Stampjed, lega 1 si zed envelopes (# 10 ) pr c-addresscd to each of t he* names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Eap. The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoninc Administrator, agrees to pa yall fees and/or unusual expenses incurred in review of this application, and certif ics that the information supplied is true and correct to the best of his/her Icnowledge. Applicant's signature OWNERS SIGNATURE Date The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and^,X:ounci l\members for purposes of investigation and verification of this n^'quest. ' ’ ^ / Owner's sign-ture bate ^ ^ Applicant must luivc all submittals into the City offices 25 days Planning Comnii r,s i on Meeting. Planning Commission Meetings areheld before the on tlie thi rd .Monday of each n.onth. .4-1 ^ •'*’v ' ** '■'i- tV* ** : > XV. 49nO-K>! Gf' i 9’5s i 'rr3 2lx3C€d-?.r ftveiv.'.'S- so. Mi rri*ie-3.Fo 1 is.^ Mi r«ries-ot-?. \ Pl^-iS-«.£y pg t6"3t O'T liVl0S •ATid t-?.TikS Ui’ilOTi i't> Co» Rcl. • Resiu.la.r tavik is a lOGQu 9a. I Ion tank/ At the start of the test shere -oas -i*.. iviches of 9as i n the tank. ^ .t.u .-i yic*after A one hour test at 5Psi there was a loss of Pressure o; one r.enth .1. lO- :.f one Psi. . .After the test the 9as in the tank was »>1.5 inches. There w»as no loss of 9a.s frof'i this tank. Nole.ad tank is a IGGGvj 9allon tank.at the start of the test there was 48.r inches of 9as in the tank. After one hour at 5Psi there was a lois of one te C1/1G> of one Psi. ... .nt the end of the test there was 4y. incnes or 9as. ► wa.s no loss of 9as fror.i tliiis. ta.nk. Line test was done with the Kent Moore line test^rr. ^ . Rec,ul.:»r line after a one hour test at 20Psi.. there wj.s a loss of -.001 .-^Uo.. ^ a loss of -.050 9aI Ion's Per hour is a ti9lit line/ this line is> ti:#ht. Ho lead line had a. loss of -.GIG 9a 11 on's Per hour/at a test Pressure of 20Psi,. this line is ti9ht. I At this tifue i would say that th.i^ra is no losses froffi an^ of the syivetns ^ tested. Gri99s Contr;.ctin9 Dwi'yht r. Taylor Tanks tested 4/9/84 a • «» • M V j ^.1 mm. jt r I^OH^4iAOC, f^oie^, ^H^ie^UJi. & iQidocuUti., 9*in. } Qa*%4tUi*M^ C>m^aiM«M%.i 23J5 It/. */u^ 36 St />«J, M.^»u 56 fi 1 PUm» 612 -636 M600 (Hfo i» ^»<«rf/#**o, t* f, fli>^*l M Unytme P[ Jttuph ( inJftti, f*i B*mJfutd A i fmbrfg. i* t Bmkard t tumt*. P t Jamei ( f Ahitn. P / V.- (skft^ M ( (K>A. P I keu^ 4 f0onfnn. Pi Thiima* t' Nr»»r5. Pi H,ihi*d ^ toner Pi Hobef! (t Sthumuhi. P t Mgr^tm I ioe\ah, P £ C ByfgerJt. P £ Jr*^* A Ihfyfdt m, Pi Miif* A Htmon. P E red A f»etd. Pi kiKhse! 7 Bgytm^mn. P i PvUn P Pfefferle. P t r*v*id (J l ott ots. P £ Chmeki A Lfttium Lev M Pgy^pk » tttng^ S4 OP. m March 14, 1985 City of Orono Box 66 Crystal Bay, MN 35323 > ruJV,:^ ftJ nr,/7;v:£:r!>Mv^* =rl Ll w/l'^ Attn: Tom Jacobs •I I M ■I I MAR i 5 1985 i' ' *U' Re: Our File No. 139-898 Koehncn Car Wash cmroFORONO i Dear Torn: The traffic flow plan proposed for the Koehnen Car Wash is acceptable. The plan will increase the number of cars entering onto County Road 15, but not significant enough to warrant rejection of the proposal. We did look at turning the traffic flow pattern around but felt that more congestion would occur near or on County Road 15. If you have any questions, please contact this office. Yours very truly. BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. / Glenn R. Cook GRC:sas 6583c ttgMagdtM S, I I :>( \ i \l2 ' I j t i-El' 2 2 L'iS Nationv/ido \7c:-h Sy-l-ims. Inc. ^ < I CIlY OF OROMO r RYKOwash Systems—R7B 7200 F S .. Minncfipoiis, 55435 612/331-3423 3 a 4«*J2 . Up To 50 Cars Per Hour An Overwhelming Success! RYKOwash R7B vehicle cleaning systems succeed because they are Simple to maintain, provide reliable service, and give a superior wash that keeps customers coming back again and again Whether you are a private .Mvestor, fleet owner or service station operator, the addi tion of a totally automatic RYKO wash system to your location will bring in new customers and sub stantially increase your profits RYKO has more equipment in operation througfiout tfie country than any otfier vehicle wash manu facturer This basic machine loncept has been i operation for over 10 yearsi Proof of RYKO's comm.tment to engineering quality. VE^?SATIL1TY! ihe R/B IS the* most ver >otile vehi cle wdsti system in the vvorldl The Select-A Cycle option lets you w.ish up to 50 c<us per hour giving edch thorougfi single WcUh cycle or. you Cfin provide tuiditioncil cleaning ancj have greater mercdiandismij oppor tunities with tt)e double wasfi cycle All automatically anfj without the added e*pense of ar) atterulantl DEPENDABILITY! The dependable features of the RYKOwash R/B minimize mainte nance costs and raaxirnize reliability. The R7B IS built from strong, struc tural alumin.m This corrosion- resistant material protects t^le system during constant contact with ifie elements As an added safe guard. tfie RYKOwash R7B is com pletely sealecJ with a protective coat of high equality aircraft paint Your customers will really like the w»«y the seven big. soft brushes of tfie R/B RYKOsvash gently yet thor- ouijtily clean even hartl-to-reach vefncle surfaces, and they'll keep coming back wash after wash to »n- creiise your profits Dependable and Reliable Features Ensure Success TOTALLY AUTOMATIC! The R7B, like all RYKOwash systems, is completely automaticl Easily installed in most bays, the R7B needs no attendant to keep it operating day in and day out. RYKO's superior engineering and testing guarantee only routine maintenance and repairs are gen erally necessary. When service is needed, the RYKO network of Sales and Service Centers is available na tionwide to assume you prompt and qualified mamtv-nance by factory- trained servka personnel COMPLETE ACCESSORY PACKAGES If you want a complete vehicle cleaning system, add tfie RYKO Desert King II vehicle dryer and Automatic Attendant coin/token ac tivator For high volume locations or where security is important, the ad dition of Code-A-Wash -with its telephon"-tyoe touch pad that ac cepts special code numbers —will in sure your profits Also, dollar bill ac ceptor/activators are available Wherever city ordinances require reuse of wash system water, RYKO offers the most efficient, reliable and sin-.piistic reclaim system—the Environmentalist II F.-'r the finishing touch, add Rain- rriaKcr, RYKO's reverse osmosis rinse Ac'tr' treatment system and give customers a vehicle finish they can be proud of The entire line of accessories and options available for RYKOwasfi systems are manufaaured to the highest standards in the iritiustry— standards that live up to RYKO's reputation for reliability RYKO sales engineers and site designers can help you develop an efficient plan for your operation, in corporating your seleaion of RYKO equipment and options Talk to your RYKO representative today about m- "■ Sj-LieTO ISL FULLY UNATTENDED COIN OPERATION Stalling tfie RYKOwash system that IS right for you It's sure to become an overwhelming success RYKOwaish R7B. . . Standard Features... • Totally automatic op>. ation re quires no costly on-site attendant. • All aluminum frame construction resists rust and corrosion • Special soft brushes provide a gentle yet thorough wash. • Systems simplified for easy maintenance —no troublesome hy draulics systems, pressure switches or sound beams • Dual direct-drive motors ensure uninterrupted operation • All air, water and electric lines are suspended to protect against ac cidental darnagi* • Easy access to all components for routine maintenance and re placement • Electrical systems feature both fuse and thermal overload protec tion • Easily installed m most existing bays • Separate high ancJ low voiiage compartments assure safety • Designed for easy entry and smootfi traffic flow • Underwriters Laboratories listing ort all industrial control panels. And Options ... • Autolube sys'ernatically and automatically lubricates vital bear ings at preset intervals • Select-A-Cycle allows wash cycles to be tailored to the needs of the location • Desert King II dryer to complete your vehicle cleaning system • Automatic Attendant accepts coins/tokens and activates wash automatically • Code-A-Wash may be added to Automatic Attendant to accept pre set "code number" on telephone- type touch pad and insure efficient operation at high volume locations or where greater security is desired. • Money Master accepts dollar bills and activates wash cycle automatically • Total machine U L. listing is available SPECIFICATICNS. . Length J2fi.6in Width 12 ft, 3 in Height 9 it, 5 in Service Roquirements: Air 3/8 " service line 2 0cfm 90 psi minimum I SOpsi maximum W'ater I" service line 20 gprn 40psi minimum 150 psi maximum Elearic Single Phase 2001230V. 60 amp Three Fhase 200/230, 30 amp 460V, 15 amp Minimum Bay Requirements: Length Width Height 25 ft. 0 in 12ft.6in 9 ft. 6 in For additional information and spec-fications, contact your local RYKO Representative. ftYKO Maiiufactuiing Come any 11600 NW 54tti Avf • Grimes. Iowa 50111 • (515i 986 370U • TWX 910 620 2546 M Y*U.t M.-. v.*#4, L•• xr If'^'tyM fc re **c if;* ^ti- i n *r *». »► a *k*'fi.* • ’u.C C» > T -Cef r" -5 irIrtM €84 5M OJ0(M)01 i To; From: Date: Planning Commission Jeanne A. Mabusth, Zoning Administrator March 13, 1985 Subject; #901 Karl F. Johnson, 3393 Crystal Bay Road - Variance Application - Variance a) Section 10.60, Subdivision 13, storage of boat over 20 feet in length within 15' to 20' of street and less then 10' from side property line in a location that provides no screening from neighboring properties and within lake view of west property owner. b) Section 10.55, Subdivision 8, no filling or excavation within 75' of lakeshore or installation of permanemt structures - The applicant has placed gravel ever approximately 440 square feet of an area located within 75 feet of the lakeshore and has placed a section of a retaining wall within 65' to 67' of the lakeshore. The specific section of retaining wa11 is 3 feet high at its highest point and stepped down as it approaches lakeward. The wall is six inches wide or the width of a railroad tie. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit f * *1 Application Property Owners List Plat Map Letters From Crystal Bay Residents Wheeler Letter 2/23/85 Carl Letter 3/8/85 Inspection Notice 11/1/82 Site Plan - Hardcover Calculations a)Violation of Section 10.60, Subdivison 13 The applicant buvises that for his specific property, this is the only area available to store his boat of 25'. The east side of the paved drive is the only formal yard or grassed area in the l ront yard. The west side of the yard has never been tormally landscaped. Approximately half of the gravel area that lays between the paved drive and west property line is the bed of an old gravel drive that served the house to the west. The remaining portion (area adjacent to retaining wall) was never able to sustain adequate ground cover be cause of the erosion from the steep back to the north. The applicant has listed the following hardships in iiis application for a variance. 1. Narrow lot and location of adjacent homes and improvements. 2. Steep topography to rear of home made back of lot inaccessible. 3. Location of access road. I have asked the City Attorney for his opinion concerning the singling out of one individual for violation of an ordinance that is violated by many in our community. The Attorney has advised that if the City received complaints because neighbors have not been able to i 1 < i i I U resolve the problem that we must enforce the standards of the ordinance. The singled out violator is provided due process by providing a mechanism - the variance application - to present his position. If staff refuses to enforce an ordinance, the complaining neighbor can file an appeals application cha.lenging the City staff's interpretation of an ordinance or refusal to enforce an ordinance. For this review as with the F.ller review, the fact that surrounding neighbors are also in violation of Section 10.60, Subdivision 13 is not relevant. The boat cannot be stored on Johnson's property and meet the standards of the code. If you find the hardships valid ones, and can make the necessary findings as set forth in Section 10.08, Subdivision 3 (A), vote to recommend approval. If it is your position that the hardships claimed by the appli cant are not valid and that no boat no matter what size should be stored less than 10 feet from the side lot line of the lakeshore/frent yard of an adjacent home owner, vote to recommend denial and ask that the boat not be stored at this location in the future. If it is your position that the code needs to be amended, would an amendment help Mr. Johnson's dilema? I have listened to many proposed amendments of this section of the code for the past month but not one proposed amendment recommended storage of mobile material 10 feet from the side lot line of a lakeshore yard. The intent of all the performance standards for lakeshore use is to protect the view of adjacent lakeshore homeowners. b) Violation of Section lO.bS. Subdivision 8 The applicant has placed gravel over existing ground cover - as stated above about 200 square feet of that was original road bed. Mr. Johnson has not placed plastic sheeting underneath the graveled area. Council has made a recent finding that gravel placed on top of exis ting ground cover is not considered ground cover. Portions of the retaining wall are located within 75' of the lakeshore - as noted above an 8 to 10 feet strip 6 inches wide extends lakeward up to approximately 65' fron. the lake. That section of the structure now covered with snow but from memory did not appear to be structurally relevant to major retaining wall that supports the earthern bank on west side of house. I have enclosed a site inspec tion notice from 1982 that would somewhat date the original examina tion of that earthern bank and an attempt on the part of the applicant to use the fill along the shoreline. At that inspection the applicant was advised by both Olson and Jacobs to errect a retaining wall to sustain the eroding bank. Prior to the wall co; struction, Johnson claims the heavy rains would wash mud and sediment down over the now graveled area directly into the lake. If I remember correctly, the gravel w^s placed over the area prior to the wall construction. Johnson stated that he would remove the section of wall within the 75' protected area but I suggested he wait for Council's decision. The location of the wall and bank excavation are out of the 75' protected area. It would appear statf had resolved the fill along the lakeshore in 1982. 2 i !! !i t; Ii si * • C J h a. -CITY OF ORONO - VARIANCK APPLICATION ^ Initial Application Foe $150.00 ($50.00 per each additional project) Af ter-the-Fact Fees ' “■douhft- -fc^ PROPF.RTY LOCATION Site Address Cry^^~f^ L \/ ^-/1901t - - Property Identification Number (P.I.D.) /*?* I/7* S3 00<5Q Please check one -- Is the property _ _ abstract or _ _ torrens? Please attach legal description to application if not included on required survey. APPLICANT Name v SC' Phone ____H ~?/ ~7 ^/ Mailing Address fS /! V A ^ ; tOQuygoiiQ^ OWNER Name /! 'H f£._ _ _ _ _ _ Mailing Address _ _ _^l Phone Date Property Acquired dv . //‘ TT / (month/year) J 0I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District _ Present Use of Property # Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $i Describe request in detail: / A A' tr [3 /jAf^DCt-L •/-- Ic \ 7///.r 7 r- 7. ^ r-7 r</u h-' ^a d 7 -v / a All riA f) 'Trr k^4 a:b ck :2o?t VARIANCES REQUIRED Lot Area Lot Width /Hardcover Setback Variances (Front Side Rear) ^'Trrdt 'S'h (OVER) ,L_ HARDSHIP Describe undue hardship or practical difficulty resulting from strict enf ^cement of zoning regulations; [7 pr Li' Lc'T LcCrJl/cA' cT.^ 7“ C. (T) i57a >TZ’ //" Pf ' Y ^ /-f/h A / / 'Rj t= ('f / / y DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions prc vciiting compl iance with Zoning Code Requirements; A6ou£ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of ownerswithin 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes (110) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance applicatior. is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereny agrees to provide all inforniation required or requested by the .'.oning Administrator^ agrees to pay all fees 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 knowledge- Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowl.-dges and agrees to this application and f. ;ther authorizes reasonable entry onto the property by City staff, consultants, agents, rum/rissien rnembers. and Council members for purposes of investigation and verification of this request. Owner's signature J ..r Date <1) 6' Applicant must have all submittals irito the City offices 25 days before the Fcanning Commission Mcouing. PIanning Ccmini ssion Meet ings a: e held on the third Monday of each month. A CO RUN DATE 02/27/85 8ATCH 00^ PROP AODR Ci^MER HANE TAXPAYER NAME/AOOR PROP AOOR CUtiER NAME TAXPAYER NAHE/AOOR PROP AODR O^^ER NAME TAXPAYER NAME/AOOR 38 17-117-23 <*3 0116 03^07 CRYSTAL BAY RD R S A E C NICHOLS ROBERT S A EUNICE C NICHOLS 3A07 CRYSTAL BAY RO UAYZATA hN SS391 38 17-117-23 0019 03385 CRYSTAL BAY RO CAD CARL CHARLES R A DONNA C CARL 3305 CRYSTAL BAY RO ORONO MN 55391 38 17-117-23 A<i 0022 03A05 CRYSTAL DAY RO JOE 0ARLIN3 ETAL J 0 DARLING 3405 CRYSTAL BAY ROAD MAYZATA MN 55391 HENNEPIN COUNinr PROPERTY INFORMATION SYSTEM PROPERTY OWh^ERS LIST 38 17-117-23 44 0017 03369 CRYSTAL BAY RO J D DAHLMAN A M A DAHUIAN JON M PAPAS 3369 CRYSTAL DAY RD NAYZAfA HN 55391 38 17-117-23 44 0020 03393 CRYSTAL DAY PO K F JCHr;SON ASA JCH14SON KARL A SHERI JOHNSON 3393 CRYSTAL BAY RO WAYZATA MN 55391 38 17117-23 44 0025 02205 8AYVKU PL BAR3ARA J SIPPRELL BARBARA J SIPPRELL 2205 BAYVIEN PLACE UAYZATA MN 55391 REPORT NO. PI43540i PACE 12 PROP AODR O-INER NAME TAXPAYER NAME/AOOR TOTAL BATCH 004 00009 K.:: r- 38 17-117-23 44 0018 03375 CRYSTAL BAY RD JAY B KEISER ETAL JAY B KEISER 3375 CRYSTAL BAY RD WAYZATA MN 55391 38 17-117-23 44 0021 03399 CRYSTAL DAY RO SAKDRA K CECPGE SAKORA K GEORGE 3399 CRYSTAL BAY ROAD MIl^lETONKA BEACH MN 55391 33 17-117-23 44 0082 0:;200 BAYVIEU PL Dale MATSON ETAL DALE MATSON ETAL 2200 BAYVIEU PLACE UAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANO TRUE REPRESENTATION CF ir^FORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEP,\RTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE ANO BELIEF. DA Mi ■ #001 md m:i,m . -iy-o. ■' >'S.% V- \9 f Ov i ,.tOs'- *> II t-v*.' ___C -r 5>^\ ' 69 ' e 1,‘i 7 ' e 5 -V vj\V ->y <f*)^ 55 A'^ y 27 ii) ■ ?•• 4. >) / »/ ht) l-*^\ r ' * m / \■• \ ^ ^ m r 54 •.. X, • ' y; '• »»' 50 // 51/'♦^*) ■-V (>4i) NO » ) :^i4iifei \m •• i .• f . s Unfa lifti rvX MAVAM£ ADA fW ~W' Mayor Mari Butler City of Ore no Orono Mn. \ r s' Cc^ r s' T'i ' ‘1)] I, r". II lS" •: 'I ,r— ----------- ^ ^ ; FEB 2 8 I9S5 D CITY OF ORONO Dear Mayor Butler, This is in reference to the city ordinance grivern ng the storing of boats, trailers, docks, etc. on residential lots. Because of the physical problems of many of the lots on Crystal Bay Rd . (i e ; narrow lots, closely spaced houses, maccessable rear yards, a road along the laf eshore, etc ) it is almost impossible for *' ♦ ".sidents to comply '.Yith the ordinance as it is now written As one enves along other lak.eshore areas of Orono, it becomes evident that mieny other people have the same problem. The lake is the basis for a great deal of recreational activity all year, consequently, a great deal of equipment i boats, snowmobiles, docks, etc.) IS accumulated by the residents In view of this, I urge the city to amend the ordinance so that it iriore closely addresses the needs and limitions of the citizens of Orono, and specifically the problems of Crystal Bay Rd, residents. Respectfully, yyKU'A^^'cn } /TA.y /TerAi srVAfA i/AAAf AA. w I 1 Hoy or tuHfr Cit'j cT Orc’no Orono rin. /7,..cWc 1,/f^'^ p De<5r lioqor Butler, Tin?. i«. in reierence to the city ordinance governing the storing of boat?, trailer?, dock?, etc on re?ideritial lot? Because of the phy?ical problem? of many of the lot? on Cry?tal Bay Rd., (i.e , tiof row lot?. clo?ely cpaced hou?e?. iriecce??able rear yard?, a road along the !are:hore, etc ) it i? almost Mf'po??ible tor the re?ident«. to comply with the ordinance a? it i? now written. A? one drives along other lekeshore area? of Ofono, it become? evident that many other people have the saf'ie proldem The lake i? the ba?i? for a great deal of recreational activity all year, conseguentiy, a great deal ot equipment ( boat?, ?novmiobile?. deck?, etc.) is accumulated by the residents In view of this • urge the city to amend the ordinance ?o that it more closely addresses the nee's and lirnitions of the citizens of Drone, and specifically the problems of Crystal Bay Fid. residents. ! ' " t • •• W 5BS5 ‘ I CiiLOFjRONC)"' ■ m M i - M ^yor ncify Butler City of Dronn OiMfio hn. Desr Heyor Butler, ■(^ SOSO Ml ^*^ ■ 11, MAR I 1985 I L£!ilOF dliuuo i Tills Is in reference to the city ordinance governing the storing of boats, trailers, docks, etc on residential lots. Because of the physical problems of many of the lots on Crystal Bay Rd , (i.e, narrow lots, closely spaced houses, maccessable rear yards, a road along the lel-eshore, etc.) it is almost impossible for the residents to comply with the ordinance as it is now written As one drives alono other lekeshore areas of Orono, it becomes e-ide'it that many otoer people have the same problem The lake is *he basis for a great deal of recreational activity all year, consequently, a great deal of equipment ( boats, snovrmobiles, docks, etc.) is accumulated by the residents. In view of this, I urge the city to amend the ordinaiite so that it more closely addresses the needs and iimuions of the citizens of Orono, end speciticaMy the problerns of Crystal Bay Rd. residents Respectfully, // (f'C< 3325 CRYSTAL BAY RD. WAYZATA. MN 55391 D i| i ■ i '■ s 1 f ^1 ' II t 2 \ d Hauer Mary Duller City of Orono Orono Mri. \V7!^:; FEB25 1985 LCITY of Oi'tO \'u Dear Mayor Duller; Thic-. 1i. in reference to the city ordinance governing the storing of boats, lra>ler$, docks, etc. on residentiai lots Decause of the physical problems of many of the lots or. Day Rd , (i e , narrow lots, closely spaced houses, inaccessable rear yards a road along the lakeshore, etc.) it is almost impossible for the residents to comply with the ordinance as it is now written As one drives along other lakeshore areas of Orono, it becomes evident that many other people have the same problem. The lake is the basis for a great deal of recreational activity all year, consequently, a great deal of equipment ( boats, snownnobiles, docks, etc ) is accumulated by the residents In view of this, I urge the city to amend the ordinance so that it more closely addresses the needs and lirnitions of the citizens of Orono, and specifically the problems of Crystal Day Rd. residents. i: Bf' I V hay or hary Bui lor City of Orono Orono Mn Dear Hayor Butler, g©R^i!:\ u FBB 2 5 1985 CITY OF OJlUNlL. Thie in refe''ence to the city ordinance gcverninq the storing of boats, trailer? etc on residentiallotc- Because nf die physical problems of many of the lots on Crystal Bay Rd , (i e., narro'.Y lots, c losely spaced houses, ineccessabie rear yards, a road along the lakeshore. etc ) it is almost impossible for the residents lo comply with the ordinance as it is now wu itten As one drives along other lal'eshnre areas of Orono, it becomes evident that many other people have the same problem. The lake is the basis for a great deal of recreational activity all year, consequently, a great deal of equipment ( boats, snowmobiles, docks, etc.) is accumulated by the residents In view' of this, I urge the city to amend the ordinance so that it more closely addresses the needs and limitions the citizens of Orono, and specifically the problems of Crystal Bay Rd. residents. /! Respectfully, 3 rrrr--P Heyor nary Buller City of Orono Orono lin. ^2 6/985 Dear Mauor Butler Th’$ is in reference to the city ordinance governing the storing of boats, trailers, docks, etc. on residential lots. Because of the pliysical pr-oblerns of many of the lots on Crystai Bay Rd , (1 e , narro'.Y lots, closely spaced houses, inaccessabie rear yards, a road aiong the lekeshore, etc ) it is almost irnoossible for the residents to comply '•■vith the ordinance as it is now vyritten. As one drives along other lakeshore areas of Orono, it becomes evident that many other people have the same problem I he lake is the basis lor a oreat deal of recreational activitu ail nnar consequent!y, a great deal of equipment ( boats, snowrnobiies, docks, etc.) is accumulated by the residents, in view of this, ’ urge the city to amend the ordinance so that it more closely addresses the needs and limitions of the citizens of Drono, and specifically the pr.<b!erns of Crystal Bay Rd residents. Respectfully. 1 iV S, s ^/ II ! < rr Mayor Mary Butler Ctty of Orono OroMO Mn. •> j I — i! -■ p I'J Ui *^B2 6I985 : Deer Meyor Butler;£!lIi)F ORONO Tins, is in reference to the city ordinance governing the storing of boats, trailers, docks, etc. on residential lots, BecauSf of the physical proMerns of many of the lots on Crustal Boy Fid., (i e., narrow lots, closely spaced houses, inaccesscble rear yards e road along the lekeshore, etc.) r > '’Irnosi. impossible for the residents to comply with the ordinance as it Is now written As one drives along other lakeshore areas of Orono, it becomes evident that many other people have the same problem. The lal;e is the basis for a greet deal of recreatlone! activity all year, consequently, a great deal of equipment ( boats, snowmobiles, docks, etc) is accumulated by the residents. In view of this, ! urge the city to amend the ordinance so that it more closely addresses the needs and lirnitions of the citizens of Orono, and specifically the problems of Crystal Bey Fid, residents. Respectfully, ‘V / / f # % kf m .I'htMKl.llMlLtahf. fi Meyer Mery Butler City of urono Orono Mn. Dear Mayor Butler, •*■' *' -T • i ! I ;FEB 2 7 1985 ; j CITY OF ORONO ; Thie ie in reference to the city ordinance governing the storing of boats, trailers, docks, etc. on residential lots. Because of the physical problems of many nf ine lots on Crystal Bay Rd., (1 e , narrow lots, closely spaced houses, ineccesseble rear yards, a road along the lakeshore, etc ) it is almost impossible for the residents to comply with the ordinance as it is now written. As one drives along other lakeshore areas of Orono, it beorimes evident that many other people have the seme problem. The lake is the basis for a great deal of recreational activity all year, consequently, a greet deal of equipment ( boats, snowmobiles, docks, etc ) is accumulated by the residents In viesv of tins, I urge the city to amend the ordinance so that it more closely addresses the needs end limit ions of the citizens of Orono, and specifically the problems of Crystal Bay Rd, residents Respectfully,. (, u£? ^ // Y y 0 /tdi f< * <•) y D ^ .'■J Mayor Mary BuMer City of Ororio Orono Mn . * I I * i ! * •' • I J I 11," U FEB 2 8 1985 CITY OF ORONO Dear Mayor Butler; This is in refercrice to the city onjinarice governing the storing of trailers, docl s. eic. on residential lots Because of the physical problems of many of the lots on Crystal Bay Rd , n e . narrow lots, closely spaced houses, inaccesseble rear yards, a road along the laKeshore., etc.) it is almost impossible for the residents to comply with the ordinance as it is now written As one drives along other lakeshore areas Orono, it becomes evident that many other people have the same problem The lake is the basis for a great deal of recreetiona! activity all year, conseguent ly, a great deal ot eguipment ( boats, snowmobiles, docks, etc ) is accumulated by the residents In view of this, I urge the city to amend the ordinance so that it more closely addresses the needs and lirmtions of the citizens of Orono, and specifically the problems of Crystal Bay Rd. residents. Respectfully, ^ c'i, a. Mayor Mary Butler City of Oi'ono Orono Mn. Deer Meyor Butler, FEB28I985 CITY OF OROI'K) j This is in reference to the city onjinance governing the storing of boats, trailers, docks, etc. on residential lots. Because of the physical problems of many of the lots on Crystal Bay Rd., (i.e , narrow lots, closely spaced houses, inaccessable rear yards, a road along the lekeshore. etc ) it is almost impossible for the residents to comply with the ordinance as it is now written. As one drives along other lakesi'Ore areas of Orono, it becomes evident that many other oeople have the same problem The lake is the basis tor a great deal of recreational activity all year, consequently, a great deal of equipment ( boats, snowmobiles, docks, etc ) is accumulated by the residents. In view of this, I urge the city to amend the ordinance so that it more closely addresses the needs and limitions of the Citizens of Orono, end specifically the problems of Crystal Bay Rd residents Respectfully, \ •' \J \\ .' .1 'k-VU . Vk... Or •J # lk- I #•I •r • February 2*), 19B5 To t}io Residents of Crystal iJay Hf>ad, The petition d 1 strlbuteel by Mr. Carl and Mr. Siakel points out that "a /^reat deal of equ i j>tnien t (boats, snowmobiles, docks, etc.) Is arcumulated by (a few) resltlents” and Is •ndeed stored In frotit yaids, iiut, to amend the ordinance Is TOTALLY U.'.NKCESSARf'AND MAY PROVE TO I5E lllOlILY DETHIMEXTAL TO OCR COMMUMTY. You already know that the city ordinance, as it Is, does allow for variances where residents have an ACTUAL HARDSHIP. History has proven that the city Is not blindly and strictly enforclnc this storn^re ordinance. They normally only ^et involved upon a specific complaint. where there are . Inacccssabl e !>ack yards, 1 am In agreement with the general intent of tills petition BUT, LET'S \0r OPEN THE FLOOD GATES. Let's all con tinue to work toward a clean neighborhood- --FOP. EVERYO.VE. If a resident has an ACCESSABLE back yard; HE .SHOULD USE IT. Even now a few people dump "items” In their front yards for all to look at even though they have accessahle back yards. Sheer inconvenience should not be an excuse for anyone to encourage the decay of our neighborhoods appearance. In any case, should a person with an inaccessable back yard be allowed the uncontrolled storage of as much miscellaneous "stuff” in his FRONT y.ird as he may want? As this can potuutially f’Ot out of hand, WE MUST HAVE CONTROLS. Our present ordinance does serve that purpose while still considering true hard- ®bip cases. If you still feel that you want our cur“ rent protections weakenetl . Pl.KASK, A! LEAST. AMEND THIS PETITION BEFORE YOU MAIL IT. Heflect your honest concern for our neighborhoods apjiearance by adding a footnote stating tliat "IF A PERSON HAS AN ACCESSABLE BACK YARD, HK SHOULD USE IT'*1 I / Jefry yu''^w)ieeiei^ \ cAdtal Bay Rd. “* *^)y, VQRrs, j i©SDWl NiRI2l9e5 iU' 3365 Crys^tai Bay Rd WayzataMn 55391 March 8 1985 Members, Planning Commission City Council City of Orono CITY (TF ORONO Dear Members; As I'm uriable to personally attend this meeting I m writing this letter in reference to agenda item *901 concerning Mr. Karl Johnson My wife and 1 live at 3365 Crystal Bay Rd and Mr Johnson is our ne,xt door neighbor. After reading the agenda items it is obvious that variances are being required on two different ordinances. One, a hard cover situatio.. within 75' of the lake and the other, a boat storage regulaiion Let me first address the hardcover situation The area in question was orginally part of a driveway that servicea the residence which is now owned by Ms Sandra George The rest was added to alleviate the mud problem after the area was leveled The city was aware of the whole affair They tagged Mr Johnson for improper disposal of the dirt on the lakeshore The situation was taken care of by Mr Johnson to the city's satisfaction and was considered closed The Planning Commission was also aware of the situation and during a hearing on the plans for the redoing of Ms. George s house, reminded Mr Johnson to be sure to get a retaining wall in as soon as possible. I was present at that meeting with Mr. Johnson and I heard it No mention was made by anybody. Planning Commission or City Offical, of a hardcover violation or any other violation for that matter, except the one previously mentioned Now, because of a vicious and unrelenting verbal and written campaign against both Mr, Johnson and the City, undertaken by a tenant in the George house, the City has decided to require Mr Johnson to get a variance for ttie area in question This simply is not fair If Mr Johnson is guilty of a violation then the City is guilty of neglect for not correcting it v/hen they first knew about it. At this late date, to be fair to Mr Johnson, the subject should be dropped with no futher action taken The boat problem is a different matter altogether. Mr Johnson is being required to get a variance to an ordinance which is violated by alnmst every lakeshore resident in Orono. I myself violate it twice and as you walk down Crystal Bay Rd you see many other violators, including one member of the Planning Commission If you drive along the lakeshore areas of the City many more examples of violations are obvious The fact of the matter is, the ordinance, as it is nov^ exists, is not enforcable and should U ¥ the complaint of one new neighbor, who is unfarnilier with and unresponsive to the established traditions of the neighborhood, is not fair. If the opposite situation existed, that most everyone was in compliance, it would then be a different story. This is not the case here If the City chooses to require Mr. Johnson to apply for a variance they had better start requiring everybody who violates this ordinance, including myself, to apply for one There are no provisions for selective enforcement and there is no mention of the spirit of the law". In view of the above, and because of the existance of a petition asking the Council to amend the ordinance in question, the subject of Mr. Johnson's boat should be tabled until the status of the ordinance is decided ^ Respec^ully Dick and Donna Carl r o f. V rr>».*V' * M ri .. t 0 ./ ! • . • * I I • ' I ^ •*: »V J <./ / '•/'.I * ' V- . f I <r» ^ (.. C. •'! . V f /" •** / * ‘ 0 '•. • cr ' ‘ ^ £ < *-r-. / • .1- u -f ; '.. • « u' t\*?JW......../ • •• .t •• -r ^ . .* • \«-. •• /. . -f V • ^ I #• f' i i ^H.;.,• %•» I » I* • # • 1 ♦ • ,. I . ^ t • « t ! - • f ** • • , , • • • • • « i * • f r «'l''I* I'•• >4-»r .ii-.[^r I,.. /.I |,.,.i.. ,n , f in'/.’i.f f 'll !i ' •• •. . /*'•'I* •.lttru,t^ < . / ^ j' j ' i , / * .• i . . •>>* >• ! *y / iHMi*liMi G I ; I i k > ^ 7f - ^So<►«<<. = ‘r</si Y "Z V S c -oy S 7 a y .^-7^0 - O ~ o/)rlU'€ Vi«.y */s* ^ /^CoO ^ Ji<. ~ 4? •/LuC^^ ^‘-miXJl ^ )C /c - d? ^ 35.7d^ iL^ /*ldi/1 ^73* — ^so'^ — } ^ ^ S' ^j\, 5.3" /«/«M-<Li.rKi^ ^ }l tr\^ /f<K^ 3Z'^4l'z. /^S3 a^ ^u.L (fr^ ^t*4 3A ' - 3 A 0 ^ "^iXuA^! A<JU cftu/i^ ^ >^ ~ 3 V H r To:Plannincj Commission From;Jeanne A. Mnbusth, Zoning Administrator Date: Subject; March 11, 1985 #899 Paul Phillips, 2,160 Sixth Avenue North Subdivision - Sketch Plan Application - Subdivision - Sketch Flan Zoning District - KR-lB The applicant proposes a first stage division of his home stead property of five rural lots. The first stage involves all of his property holdings within Crono and a small portion of the southern border of Medina - appucxiir.ately 1 1/2 acres of area. The second stage will involve a division within the corporate limits of Medina. I can find no record of a previous division, that involved an area ciedit of land that included lands within a neighboring city. The McCully Farms plat created 15 acre lots, the five acre minimun. area standard was satisfied within the corporate limits of Orono. I have reviewed this concern with Rolf Fricson, Orono Assessor, and Dennis Hill of the Property Descriptions Office at Hennepin County. Both concur that the 3 lots with lands within Medina can be platted as pai't of each record lot. The City of Medina would have to sign off on the plat. The portion of the lots within the corporate limits of Medina will not have a separate F.T.D. or tax identity. The access corridor on the west line of the plat does not meet Orono standards for future private road. The right-of-way dedication within the corporate limits of Orono must bo a minimum of 50 feet. The shared access of the 3 lots as shown on the sketch plan should bo platted as a separate outlet at a minimum width of 30 feet - all areas exclusive of that private road outlet. The applicant should be advised to meet with Medina before filing a formal application with the City. The access road to be shared by both Medina and Orono residents should be a coordinated effort. A review of the designated wetlands maps show no wetlands within the Orono or Medina portions of first stage plat. J i i .1 CITY OF OKONO SUBDIVISION AFFLICATION FO# b Dnte Hcc'd _ \ (X, HK c ’ d > - a. 5* f j' Foe /6f33 APPLICANT Name Paul PhlIH"»g Telephone U73-^737 Mailing Address Box ;d:cj Mn, 55356 PROPERTY Name Paul R. 2c Kar/ B. Phix^ js OWNER *-----------------*----------------------- Mailing Address Box S20 Lonr Lal:e, Yn, 3^356 Telephone U73-5737 (Attach list if more than one) PROPERTY LOCATION Street Address 6th Avc. %’• (2160) Property Identification No. (P.I.D.) 27-118-23 31 0004 Complete Legal Description to ho attached to application EXISTING IJ\ND USE Number of Tax Parcels Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify) Fariin^ Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites:Existing Units New Units Total Units Proposed Gross Density Units per Acres Minimum Lot Size:Square Feet Dry Buildable Land Proposed Use: (chock)Residential Other (specify) MINIMUM MATERIAL NECE.Sf.AHY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4 . Stamped , legal si zed envelopes (110 ) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _ MINIMUM MATERIAL NECESS/vRY FOR COMPLETE FINAL PI.//r APPLICATION 1. Payment of fees (par); fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. V 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class 1, II & III) Preliminary Review (Class I & II Subdivisions) * $4^.00 $250.00 Preliminary Review (Class III and all non-residential) $240.00 plus 20.00/lot Final Plat Review (Class III) *(Plus any legal or engineering charges) $100.00* Applicant has read the above and hereby agrees to 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. fi MlNUTF.r. OF TIIR REGUlJvR OROKO COURCll. MKKTIKC IIFI.D I’KRRUARY 19H0. I'AGF. i ATTENDANCE 7:00 I’M Tlu* (>rono Council n.ot C'li Iho above clat<- witli tlie following moi.ibcr:; present; Acting Mayen Frahm, Council- members l.ynn Adams and vlim Grabok. Counci Imcmh-er Tim Adams and Mayor Rut lor were absent. The following represented the City staff: Building t Zoning Adminiti- trator Mabusth, Assistant Zoning Admi ni .st rator Gaffron, Public Works Coordinator Gerhardson, Dc*puty Clerk battin, and Recorder Button. Police Chief Ki1 bo ariived at 7:11 p.m. and Finance Director Kuehn arrived at 8:05 p.m. City Attorney Radio was also present. City Engineer Cook was absent. CONSENT AGENDA*Acting i'.aycr Frahni r.cvec, Counci 1 rembe r b. Adams seconded, to approve the Consent Agenda*, with all .staff rcfjorts concerning these items to be attached to an original copy of these minutes cn file in the City Clerk's office. Motion, Ayes (3), Kays (0). APPROVAL OF MINUTE:^.'C * Act ing Mayer Frahrr. moved. Counci Imembcr b. Adam?: seconded, to appicve the minute.s of the regular Council meeting hold Fobruaiy 11, 1965. Mcticn, Ayes (3), Nays (0). LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was present. Hum discussed with the Council the bMCt's decision on Chaska .Marina. Hurr noted that the Supren.e Court's directives of 1981 for Charka Marina is what the LMCD is abiding by. Hurr stated that Chaska Marina turned their docks a different w.ay. Hurr noted that Chaska Marina is not responding to the I.MCD's demands regarding the setbacks cn the west side. Acting Mayor Frahm asked Hurr to chcc-k into the matter as to why Chaska Marina is not responding. Hurr r.citrd that the LMCD is still working on the DWI bill for boaters on the lake. Hurr rioted that last year 2C speiding tickets were issued on the lake. Hurr noted that the LMCD will be {urchasing a now- DV«I dotfctor breathalyser which will be located at the Water Patrol station and the offender will be driven back to the Water Patrol to take the test. Acting Mayor Frahm suggested that the LMCD investigate into this further because ol the burden of escorting someone all the way back to the Water Patrol station. Frahm noted that the j>ortable breathalyzer that the LMCD is currently using is better than their new proposal. MINUTKS OF THK HKC.UI.AR OROKO COUNCI I. MFKTIKC IlHM) Fr-MRUAKY 2*j, 1‘JbL). I'ACK Hurr noted that she did speak to the conccrneci Kound resident about the density of the development on Pelican Point and explained that the I.MCP has no jurisdiction over the land. Hurr stated that the proposal for Pelican Point is on a 16 acre parcel with 96 proposed units. Hurr did note that the L.MCD standards would a[>ply to t he dochaqe proposed in the dovelopment. Hurr stated that the L.MCD has not rcceive’d an ap[)l i cat i on frem the developers yet. PIJ^NNING COKKISSION COMMF.NT.S PU3JJC COMMENTC Counci 1 member I.. Adanis noted tht.t he attended the Planning Commdssion meeting cf February 19, 1985, and that the Commission asked him to set up a jciint meeting with the Council. Council discussed various dates and decided that the joiiit meeting will be held March 25, 1965, fromi 6:00 p.m. to 7:00 p.m. and then at 7:00 p.m. the regular Council m.eeting will com.nence. Council gave staff an alternate date of Saturday, M.arch 23 , 1 965, if the M.arch 25th date will not acccn.modate everyone. Counci 1 m.cmber L. AdamiS stated that a motion was m.ade at the last Planning Commission m.eeting to have Gloria McDonald removed from the Comm.ission and the Con.nission Wtis concerned with her excessive absentoeismi. Adams noted that the motion died for lack cf a second. Adams staleci that the Planning Commission wa.s o{>{'Csed to th»* Cevji.ci 1 ' s two-year tc*rm rule limiting Planning Com.miis- sion m.cmber's terms and asked that Council address this nc'W rule Co ’unci 1 iT.epibt r L. Adam.s n< ved , Ccunci 1 mier.l cr Gral ek sec:onded , to have staff schedule a joint m.eeting between the Council and Planning Comm.ission for M.arch 25, 1 985 from 6-7 p.m. and an alternate date of .^^aturday, March 2.3 1 98 5,if the previou.*-- date won't acccmmcdate everyone. Motion, Ayes (3), Kays (0) Ik>jnian Renner of 3180 North Shore Drive was present to poiid. out the problem.s he and surrounding neighbors are having with North Shore Drive Karinas. Renner noted that the director of the LMCD, Frank Mixa, will not respond to his comiplaints. Rcnne'r stated that the dockage at North Shore .Drive Marina is the problem) connecting with the docks of the residents. Renner also noted that the deicing pump is so strong that it creates a wake and it has deiced beyond tlie fence line to the residents surrounding North Shore Drive Marina. Renner noted that the i»ump is destroying the fishing around the area and also ice skating for the residetits. Renner ask<Hl who ajiproved the permanent docking for North Shore Drive Marina. Ronrwr statetl th.it t h«‘ docks shoi:l(': jict all</.v to int*t;<ct with r< i <b rt i a 1 docks. -"1 MINUT!-:r, OF THH K1:0UI.AI< OHOFO COUKClI. MF.KTJNC !ll;i.|, M:i5KUAKV 1 9H FAC.i: i Zoning Administrator Kabusth noted that North. Shore Olive Marina was not subjected to the current zoning because of the court case which allowed North Shore Drive Marina to go by the old zoning code. do Kllen Hurr noted that the I,^XD did send an insj-ector out to the site and tliat jnsi-ector nctcci that the dockage conforms to the I.KCD recuirements. Hurt noted that another inspector from the L.Mai will b< sent cut to investigate into the doicinc pumper to see if it meets the I eejui renent r; si nee th.e pumper isn't sujg ose tc cause a wake. Hurr noted that the I,MOD is ?;c Icncer allowing {-crnar.ent docks. Hurr noted that Oror.o has approved extensive {lermanent docking for North Shore Drive Mari na. Herman Renner state., that the City should a lew the residents in this area to shift their docks around the City will be involved in a lawsuit. Renner noted that the docking cannot .follow the lot lines in this ne i (ph'hor hood . ADDITIONAL PUBLIC COMKKNTS l;oward Johnson of 1635 Concordia Street asked Council for more direction regarding his proposal on Concordia Street. Johnson noted that he has d-alt wit), the hardcover issue by proposing he I ding ponds lliat w’ill hold a 6" rain. Johnson noted he is proposing five docks in a cluster. Johnson stated tl;at Orono's code states that the City like-s FUD's because it doesn't destroy the natural ana-r.i tics. Johnson noted that his proposal is with one car garages in hopes to attract the quiet person. John.son stated that in the future he hoji(. 5', to put a tennis court on the property. Acting .Mayor Fraliri informed Johnson that the pro{ie.rty in question will only allow two riparian lots and no multiple docks. Iiahni stated that the City has never allowed attached dwellings near t)ie lake except those neighborhoods that were next to a ccmir.ercia 1 ar^'U. CounciImember L. Adams felt that Jehnson has a good proposal and an innovative way to use his four and a half acres. Adams noted he would be in favor of five lots with two of those five being riparian rights. Adams stated that Johnson would have to assign those riparian rights to only two of the lots. Adams felt that Johnson had compromised a greut deal from his first proposal. Counci Im,ember Grabek asked Johnson if this is what he would like to see happen to the lake. Grabek felt that Johnson was not follewing the intent cf the ziinino code-. • 1 ! I Ml NlITKf,or 'l-llK Ki;OULAK OKON'O CUUNCII, KiiKTlKO liKl.l) I'l.HHUAKY , rjO'j. PACi; <} 1853 DOUGLAS KI.INT TOM BERNIKK & GARY BARR 3535/3545 IVY PIJVCF. & 3034 CASCO POINT RU SUBDIVISION Thoic was no one present to represent the ap'plicar.ts. /’oniny Administrator Kabusth noted that this application is a result of the vacation of Maple Avenue. CounciImember L. Adams moved, Actiny Mayor Frahm seconded, to a|>i:>rovc the plat of a lot line rearrancjcmcnt known as Casco Cove finding all lots m-eet t)'.e standards of the LR-JC zoning district and that ail existing structuies meet the required setbacks for tie dist;rict, with approval subject to the condition that th<* plat be amended to reflect the City's owr.ership of that portion of Ivy Lane referred to on tne prelim.inary plat as "to be dedicated as road". Moti' .-;, Ayes (3), Kays (0). #872 BRECKENRIDGK DEVELOPMENT CORP 1200 OLD CRYSTAL BAY ROAD FINAL SUBDIVISION RESOLUTION 11729*/veting Mayor Frahm moved. Counci Im.em.bor L. Adams seconded, to adept Resolution #1729, A Resolution Approvina the Plat of BRECKEh’RIDGF. Motion, Aves (3), Nays (0). #880 STEVEN RUCE 4625 WEST BRANCi! ROAD CONDITIONAL USE PEltMlT REQUEST FOR REFUND OF APPLICATION FEE St<‘Von Rucc. was f-resont. Assistant Zoning 7\dm.i nistrator Gaffrcn stated that at the last Council meeting, Steven Ruce’s applicatior; \as placed on Consent Agenda* and was approved but the request for the refund of the apjjlicaticn fee was never addressed. Steven Ruce noted that since his application has such a minimal "comnif rcia 1" use with no retail sales activity on the property, he asked Council for a refund of the conditional use permit fee of $100. Ruce noted that this was also the Planning Ccmmii ssion' s recommendation. Acting Mayor Frahm noted that the conditional use permit is protection for the City in order for the City to contrfil the level of commercial use on the propertv. Frahm noted that a 10 x 25' greenhouse could very easily became a more intense com-muircia 1 greenhouse with a futiro owner. City Attorney Radio stated that the fee is to pay for staff time spent in reviewing the application and also for the filing of the resolution in the chain of title iH'} I 1 : 1 MiNDTi:;; of thi; hi'CUi.ak okono counci i. ki;i:tinc. iiFi.n ffuiuiahy I'jn'). fac.f b 1880 STFVHN RUCK Counci 1 nicmbcr I.. Adcins aqjocd with Ruco and Clio Planning Commission in regards to the lew level of cominorcial use for the property. Adams stated that Ruce could have come into the City hall and asked for a building permit and received a building permit without getting a conditional use, but he was honest and mentioned a low level of commercial use for the property. Zoning Administrator Mabusth noted that the zoning code doesn't address the "degree" of commorciality. Mabusth explained that to be asked for a refund of the fee is rather after-the-fact. Counci In,ember Grabck moved, Counci In,ei:,ber L. Adams seconded, to refund the $100 oonditicina1 use application fee to Steven Ruce but still have the condit onal use on file and filed in the chain of title in order to piotect the City against further coirjr.erciality on the property based on the low level of commercial use intended for the property. Kotion, Ayes (3), Nays (C). 1886 RICHARD RAGATZ 1945 CONCORDIA STREET VARIANCE RESOLUTION #1730*Acting Mayor Frahm roved, CounciIm.ember L. Adams seconded, to adopt Resolution #1730, A Resolution Granting a Variance to permit construction of a 770 sf deck structure of which -1C4 sf is to he located within the 0-75' setback zone. Motion, Ayes (3), Nays (0 ) . PLANNING FOR MAINTENANCE OF MUNICIPAL CODE Zoning Administrator Mabus.h recennended that the City contract with the Municipa a Ordinance Codifiers, Inc. for one year who would provide for the first annual revision and update of the municipal code. Mabusth stated that the other option is to buy the discs and have the City'*; own clerical staff update the code. ^lal.<usth noted that the Miunicipal Codifiers would be able to incorporate the State Statutes into the municipal code whereas the City clerical staff would not be able to without a great deal of time spent on the project. Mabusth noted that the City already hus adopted 10 ordinances since the recodificatron of the code. Counci 1 member Gral't'k asked if the Codifiers could give the City an evaluation throughout the year to get some idea of the cost of such a service. ^3 Police Chief Kilbo noted that the three of those ten ordinances were the ones thf? Codifiers loft out in the first place. Kilbo noted that those first three ordinances that were left out should he free ones from the Cod:fiers. ■1 MINUTES or Tin: Hr.CUIl.AK OHONO COUNCII. KiiKTlNU HKl.I) rEl'KUAKY 2\i, I'JH'j. I’ACL; 0 I n! Ccninc:i Jiiieiiilic>r I,. Adams sugcjcstec: purchasing the discs from the Codifiers just to have around the City if they are only a couple of dollars. Adams noted that the City may want to use them eventually but should purchase them while they have the chance. Actincj Mayor Frahm suggested getting an estimate on such a service that wculd update the niunicipal code. Frahrr asked staff to use the 10 ordinances that the City has a 11eady adopted to get an estimate. Frahm noted that the Council shouldn't take any action until the City receives an cstiriate- for the yearly service. SEPTIC SYSTEM HI LI.INC BIG ISIJiND Assistant Zoning Administra*or Gaffrcn explained to the Council tliat this was the first year that Big Island would he billed the annual $20 fee for the septic system inspection program. Gaffron noted that this was for Council's information since they may be getting telephone calls from Big Island residents regarding the billing. Council felt that Pjig Island residents should be I'illed just like other Crono residents for the septic system program, and staff should proceed with tlio billing per the existing code. CITY ENGINEER'S REPORT City Engineer Ccok was not presen*. MAYOR • c REPORT Mayor Butler was not present and Acting .e.ayor Frahm had no conitients. BID AWARD 1985 MATERIALS 6 EQUIPMENT* Acting Mayor Erahm noved, CounciImer.ber L. Adams seconded, to accepd tl:e balance* of the bids as presented for the calendar year of 1985 and to further reject the bid from H.V. Johnston Culvert Con>pany since they included terms that were contradictory to the City's specifications. Motion, Ayes (3), Nays (0). SALARY ADJUSTMENT TERI NAAB*Actirig Mayor Frahmi nioved. Counci Imembor L. Adams seconded, to approve the salary adjustment of 5% salary increase or from $7.28/hr to $7.65/hr effective March 5, 1985, for Teri Naab. Motion, Ayes (3), Nays (0). LIQUOR STORE OPERATING RESULTS THREE MONTHS ENDED 12-31-84* Acting Mayor Frahm moved. CounciImemiber L. Adams seconded, to accept the liquor store op>erating results prep>arrd by Finance Director Kuchn for throe months ended December 31, 1984. Motion, Ayes (3), Nays (0). KiNU*ji:s OF Tin; ui;gui.ak okuko councii. f.fhtikc, m;i.n ffufuaky z‘>, I'JH'.i. fagi: 7 RESOLUTION 117 31 HOLD HARMLESS AGREEMENT WILLOW DRIVE OVERIAY PROJECT* Acting Mayor Frahm moved, Councilmcmbcr L. Adams seconded, to adopt Resolution #173], a Resolution setting a speed limit of 30 mph along V.’illow Drive from Fox Street to Hurlington Northern Railroad Bridge and indemnifying the MN Department of Transportation from any claims as a result of setting such speed limit. Motion, Ayes (3), Nays (C). IL‘f' POLICE AUCTION ABANDONED VEHICLES* Acting Mayor Frahm moved. CounciImomLer L. Adamis seconded, to approve the public auction or. March 23, 1985 at 10 a.m. at Martin's 66 Station in Navarre for abandoned, seized, or unclaimed vehicles as listed in Police Chief Kilino's memo. Motion, Ayes (3), Nays (0). RESOLUTION WINE SALES IN GROCERY STORES Deputy Clerk Lattin explained that the resolution drafted is to prohibit grocery stores from selling wine and such resolution would be sent to the legislature. Lattin noted that 25% of the profits from the municipal liquor store are from wine sales and if grocery stores would start to sell wine it would have a detrim.ental affect on the liquor store. Lattin stated that historically some of the liquor store profits have been used to fund general fund expenditures. Lattin stated that the Police Chief will answer as to the affects on the health, safety and welfare such a resolution would h,i ve. Police Chief Kilbo explained that the grocery stores are already selling 3.2 beer and the selling of wine prol>al-ly wouldn't have a dramatic affect on the selling of liquor to minors. Kilbo stated that the p)roblem becomes a p)ol icing one in that it is hard to police the hours that grocery stores can sell such liquors. Counci Im^omber Grabek felt that the City should not spend extra time fighting a piece of legislation that may be passed anyway. Grabek also noted that once the liquor store dips below the profit level it probably should be closed. The concensus of the Council was to not adopt the resolution prohibitir.g the sale of wine in grocery stores. SALARY AND BENEFIT REVIEW OF CITY EMPLOYEES Public Works Coordinator Gerhardson presented Council with tabulation of the propiosed increases and benefits for City empl ('yet, .s. Gerhardson noted that Mr. Cy .‘^mythe is rewriting the personnel policy. KINUTK.S OF Till: HlUUIl.AU OHOKO COUN'C'll, KliF.TlNF HKl.l' FFliiaiAHY '/[<, I'Jb'j. I’AGi: 8 SALARY & BENLKJT ^ »c foiniiiondcd that the increases noted on the REVIEV; FOR i-MFLOYEl S ion sheet be retroactive back to January 1, 1985. City Attorney Radio asked staff to exiUain the longevity plan. Public K'orks Coordinator Gerhardsen stated that tljc longevity plan is based on the nuiriber of years an employee has beer, with tlie City a.s follows: after 4 years with t lie City ai. increase of 3% in salary to tiie ba.'^e rate after 8 years with the City an increase of 5? in salary to the base rate- after 12 years with the City an increase of 7?. in salary to the base rate after 16 years with the City an increase of 9% in salary to the base rate Gerhardson noted that the above longevity plan wont intc effect January 1 , 1984 for the police dopartn.ent. Counci Imenber I,. 7\dar.s stated that he is interested in fairness to those who are entitled. Adams felt that he was not ready to vote on such a matter because he just, received the tabulaticns. Arian.s asked staff for the history of raises for erriplcyees for the past 5-10 years. Cour.ci Ime ibo: Grabek asked fer the imptict. such increases would have on the overall city budget. Grabek also asked for a con.parison with other cities in regard to salary and benefits. Police Chief KiIbo stated that the sergeant who has been with the City for 1C years is only $39 above the top patrolman's salary. Kilbo noted that the sam.e is true for the assistaiit police chief. Kilbo noted that both positions are non-union positions. Kilbo stated it would be more worthwhile for the sergeant and asst, police chief to resign their position and become patrol officers again. Kilbo recemnendrd Council look at these two positions. Acting Mayor Frahm stated that the Council should assure the em.ployeos that whatever decision the Council makes would be rotioactive back to January 1, 1985. CounciImernbor L. Adams moved, Acting Mayor Frahm seconded, to assure staff that whatever action is taken regarding salaries and benefits would be retroactive back to January 1, 1985. Motion, Ayes (3), Nays (0). i i KiNUTi::; t)K tmi: rkgulah okoku councii. mi;i:-i'inc. l••|:^^l<UAKY i'A(W-; 9 Counci Inicnibor GrnLok <]irect.ctl th.st. t-tafl submit tlio infornujticn received tonight, nnd the financin] information regarding the impact on the budget to Cy Smythc and for him to present somet.hing by March 25, i985, directing Smytfie to make an analysis, comparison with other cities, and help formulate policy for next five years including cst abl i s!ii r.g a step progran;. Grabek asked that the financial information regarding the in.jact on the 1985 budget also be sidirTi t ted to Counci 1. Police Chief Kilbo asked Council to direct Public ‘Works Coordinator to draft a menic sur;mari?.iirg the Council's actic'n for the en;i'loyees. Council so directed. CITY ATTORNKY'S REPORT HAZARDOUS BUILDING ACTION - 1290 SPRUCE PIJVCE City Attorney Radio explained that the Council recently adopted a resolution declaring the residence at 1290 Spruce Place a hazardous building. Radio noted that unlike other hazardous building actions, the land owner {^ut in an answer contesting the matter. Radio stated tlitit the property then went into tax forfeiture to the state. Radio stated that the land owner had a chance to redeem, and did not do so as of January 7, 1985, therefore the state now owns the land. Padio stated that the Council must decide two issues: what to do with the hazardous building and what to do with the property. Radio felt that the City could obtain permission from the state to raze the building, but that the state will not pay for it. Radio stated theit the state wants to release the land for sale which would allow the City to recoup its costs for part of the retzing through the sale of the proj'or'ty to the general public or to buy it back fron' the state with an adjustment in the price. Radio stated thiat the City could also purchase the land for park purposes. ZoTiing Administrator Mabusth stated that the two adjacent property owners are interested in purchasing the prppeity. CounciImember Grabek moved. CounciImember L. Adams seconded, directed staff to ask. for bids on the razing of the hazardous l)uiIding and aeguiro purchase prices '’rom the LNR. Motion, Ayes (3), Nays (0). CounciImember L. Adams suggested that the Park Commission take a look at this property, Adam.s also suggested offering the property to the adjacent property ownei .s. \ . MINUTKS or Till: Ki;r.Ul,A!< UHONO COllNCI], MKLTING HKLD FEHHUAKY A’j, I’ACK 10 CITY ATTOUNKY'S RKPORT PERSONNKE MATTERS City Attorney Radio suggested that this item be discussed in executive session. LICENSES*Acting Mayor Frahm moved, CounciImember L. Adams seconded, to approve the following licenses: Multiple Sclerosis - raffle license Irwin Jacobs - kennel license Duane Andersen - kennel license John Lanier - kennel license BILLS* Mot i ori, Ayes ( 3 ) , Nays ( 0 ) . Acting Mayor Frahm moved- CounciImember L. Adams seconded, that the All Funds Accounts and the Liquor Store Accounts bo paid. Motion, Ayes (3), Nays (0). ADJOURNMENT 9:30 PM Acting Mayer Frahm n.cved. CounciImember L. Adams seconded, to adjourn the regular Council meeting at 9:30 p.m. and enter into executive session. Motion, Ayes (3), Nays (0). ATTEST: Dorothy M. Hallin, City Clerk Themas Fral:m, Acting Mayor WP f]? »i Community West zone pages inside Comprehensive plans ove By Paul Gustafson Staff Writer For years Fd Rasmuss^Mi has lived in a single family house at 9065 E. River Rd in a low^ensity residential area. At least that's what he assumed the area was until last December, when Coon Rapids officials told him he was getting new neighbors; two apartment buildings How could that be? Rasmussen won dered. Did he miss a city notice about rezoning the land from low- to high-deasity housing? No. Coon Rapids officials said, there was no rezonIng Instead, the city had changed the area from single family to high-density in its compre hensive plan. What’s more, the city said, the whole area is designated high-density by the comprehensive plan. That means, city officials said, that Ras mussen and his neighbors cannot add to their houses or rebuild them if they are more than half damaged in a fire or storm They could use their properties for hlgh-densify development, but they ’d have to combine their Individual parrelv because none alone is large enough to meet minimum zoning code requirements, said city planner Lee Starr. **For him (Rasmussen), it’s kind of a double whammy.” Starr i>aid. Those revelations have Rasmussen and some of his neighbors talking like revoijtionaries- “This thing came right out of the blue If IhLs wds 200 years ago. Coon Creek (which lies between City Hail and Ra.<niussen's horned would be full of lea.” Rasmussen grumbled He and his neighbors are not alone. In cities throughout the metropulitan area, shocked residents and develop ers are discovering that the zoning of land may be meaningless if it con flict With the comprehensive plans that nties have adopted in recent years under the Metropolitan I-.and l lanniriK Act Staff Photo by Steve Schluter Ed and Lorralna Raamutaen stood outside thair house at 9065 E. Rive the Resmussens* property for high-density housing, so their home is n The act. Intended to ensure that met ro cities’ development plaas do not conflict with those of their neighbors or the Metropolitan Council, re quired cities to write comprehensive plans and submit them to the Metro politan Council for approval. the Minnesota Supreme Court What officials do agree on is that the land planning act is vague, and that problems created by lnconsi.sitncies between zoning ordinances and com prehensive plans are grow ing But even city officials don't agree which Is the law — zoning ordi nances or comprehensive plans — In specific cases of conflict Minnetonka officials have “pretty much concluded” that zoning takes precedence over comprehensive plans, said City Manager Jim Miller. Bloomington and Coon Rapids offi cials say it's the other way around. *’H’s a nightmarish situation,” suitd Coon Rapids City Manager Bob This lie. “Residents don I Know what the rules are. and I think they have a right to be frustrated.” Bloomington City Attorney Floyd Ol son and other city attorneys admit. howe.tT. that disiigreemenls likely will continue until the issue gels to Car! Ohm. the Metrop(ditan Coun cil's director of comprehensive plan ning. Said the land planning act’s wording IS “convoluted” and open to Inlerrrelation To determine once for ail what that means. Ohrn said, “will lake somebody challeng ing In court, and the court making a statenier.t Though they have n<Jt checked to see that cities retoncile I i is Minneapolis Star and Tribune Thursday March 7/1985 1Y lie zoning, baffle citizens h r -■3S' kuM V =„• ^d. Changes In the Coon Rapids comprehensive plan in effect rezoned t a nonconforming use, which restricts changes an J repairs. their zonin|i> orrllnances with com prehensive* plans. Mel ropoli tail ('ouncil officials have warned local officials that they run the risk of lawsuits If they don't. To avoid such problems. Plymouth officials spent hours in staff time and local hearing last year resolv ing differences between their zonir^g ordinances and comprehensive plan, said comprehensive-planning direc tor Blair Trernere Coon Rapids started just such an effort in 1^82, but got sidetracked by other development issues. Then late List year, when interest ratf*s dropped on lax^*xempl multi- family housing bonds, the city was flooded with developers’ proposiils to build apartment buildings .Among (hern wa.-» Nedegaard (.‘onstrui lion s M mm mm proposiil fnr two apartment buildings next to R.ismuxsen’s property. Rasmussen first learned of the plans in December, when the Planning (V»mrniss!on was considering a final site plan approval for the project. He and his neighbors argueii that the city should have rezoned the Nede* giiard land from low to high der. aty, which would have required earlier notices to affected residents, hear ings on the request and City Council action. Coon Rapids city officials dis-igree, hut they agr**ej to go through the re/i»ning prixess for the apartment development next to Rasmu.csen. Hut that might put the city in a a‘au h 22*’ situation. Starr and This tle s-iid Because ate pLins have al- r»*adv Vieen approved for the project. :he city is legally obligated to ap prove the rezoning. Starr told Coon Rapids City Council members. If It doesn't, the ciry may find itself in litigation with the developer, said It may he harder to change the zon ing than If w:is to make the compre hensive plan It lakes a simple ma jority of the city's five-member coun cil to adopt or change the plan, but it takes four votes to change zoning • With Council M»^mbe^ Carolyn Voss already opposed to the rezoning, Rasmussen and his neighbors need only one more council member’s vote to defeat the proposal Voss said she believes that the resi dents were denied due process be cause the city relied on its compre hensive plan instead of proposing to rczone several properties in the area from low- to hl^-dcnslty residential. "Some of those people have built hou^ies .since we adopted our plan showing the high-dcnslly designa tion." she siild, "but the zoning maps they picked up at City Hall showed that land as zoned for single- family homes, so they really feel milled." .As a result of its experience with the Nedegaard project, said Thistle. Coon Rapids will redouble its efforts to reconcile its zoning and compre hensive plan Starr said Coon Rapids also IS warning people requesting zoning maps to consult the city’s comprehensive plan as well To prevent such battles, the .Associa tion of Metropolitan Municipalities and member cities such as Plymouth are pushing for a state law requiring the same twothlrds majority vote for comprehensive plan changes and re- zonings, according to AMM execu tive director, Vern Peterson, Ironically. Coon Rapids officials who suggested that the association pro- p<ise such a change In state law two years ago now fear it may do them more harm than good The problem I see Is that you might not gel four votes for either ... There's a potential for stalemate/* Thistle said. Planning Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOV; FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 1 . 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