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07-15-1985 Planning Packet
PLANNING COMMISSION MECTING MONDAY, JULY 15, 1985 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBI31S COUNCIL REPRESENTATIVE - Jim Grabok ATTENDANCE PUBLIC COMMENTS « i. Earl Dorn ACTION ITEMS 2. #852 Stanley Gregory, 1410 Shoreline Drive - Conditi.mal Use Permit & Variance - Second Review 3. #927 Stanley Gregory, 1410 Shoreline Drive - Variance Second Review 4. #876 Randy Asplund, 3444 Eastlake Street - Variance - Referral From Council 5. #906 Shirley McWilliams, 1120 Willow Drive - Subdivision Second Review 6. #929 Lyle E. Rahn, 1146 Wildhurst Trail - Conditional Use Permit - Second Review 7. #934 Robert Tschida, 1300 Fox Street - Variance Public Hearing 8. #935 Wayzata County Club, 200 Wayzata Blvd. West Conditional Use Permit - Public Hearing 9. #9 36 Lawrence Gardner, 10 i5 Tonkawa Road - Conditional Use Permic - Public Hearing 10. #937 Wharton Sinkler, 219> French Lake Road - Variance Public Hearing 11. #938 Robert Nash, 1020 Townline Road - Variance Public Hearing 12. #940 Ann Fisher, 774 Tonkawa Road - Variance - Public Hearing 13. #941 Paul Nutt, 2739 Shadywood Road - Variance - Public Hearing 14. #942 Arthur Finkelstein, 1740 Shadywood Road - Variance Public Hearing 15 #913 Susan Purdy, 1975 Fagerness Point Road - Variance Public Hearing I l! s j 1 AGENDA FOR PLANNING COMMISSION MONDAY, JULY 15, 1985, 7:30 P.M. 16. #944 James Lear, 3127 Casco Circle - Variance Public Hearing ADDITIONAL ITEMS 17. Planning Commission approval of Jui.** 17, 1985 minutes. 18. Planning Commission to select representatives to attend the July 22 and August 12, 1985 Council Meetings. ADJOURNMENT 1 »*< i *■' i # ».. t *■.A '■ « w 1 O^OIMO P/ob^inj OdMmJ^^ertidL'~'^uJy /t ^4a:tlMfli 1200 ♦ 9^,r n L" ' V-Kj22.. 1?. . _CJ ?.iS9.'.■fi^^,_H^ 1000 I iloo_J_k.<^g<L-K-.Jt«—L-. </?- 3 400- Mi. T«r •Ti “V 2H, ir h mt'H • L )NG LAKE i 5^ T„ c 1200 KY»<x9flfl III a - i \ * ^ 1 • J 9 jn|^ jT i ^a M jJIfjf I I I \ WyZAIA / 9 \ V k«Al •« t4 n>«4 /* » i.' >> . •. • —•- ^ 1 .V ». «h\* r j I «‘.4^W • V t - •» I t>r a* ' To:Planning Commission Members Prom: Date: Jeanne A. Mabusth# Zoning Administrator July 11, 1985 Subject: Public Comments - Earl Dorn Mr. Dorn has been in contact with the Zoning Administrator and City Attorney for over a year complaining of the commercial use of the Kokesh property on Watertown Road. The Kokeshes own an eight to nine acre site within the five acre rural zone. Complaints range from sale of tack to horse shows, etc. etc. I have explained that this is not an unusual site or use of a property on Watertown Road. Remember my comments to the Planning Commission during the Thompson application review involving spe cific complaints concerning commercial use of our hobby farms on Watertown Road. Planning Commission felt that the level of use of these hobby farms were acceptAble and the uses associated with typical hobby farm use. The City Administrator presented to the Council at their last meeting a memo that sought an ordinance interpretation for the sections of the ordinance that cover hobby farms, etc. Council agreed that an ordinance amendment for clarity purposes is indeed necessary. I have enclosed that memo for your review. I have been in contact with the Kokesh family and they have agreed to file a conditional use permit with the City for review at your August 19th meeting. Advise Mr. Dorn of this fact after he presents his formal complaint. Staff has been unable to explain to him the nature of an appeals. // _ * TO: Mayor and City Council PROM: Mark Bernhardson, City AdministratoA'^■:\ DATE Juno 21, 1985 f SUBJECT: Ordinance Interpretation - "Farm (Stock)" As you are probably aware there are a number of farms within the rural section of Orono that have in the past and continue to raise animals including horses on a varying number of acres. At present the zoning ordinance permits all farms in existence prior to January 1, 1975 to continue operations subject to the following conditions: Lection 10.03 Subd 13A - "No new "stock farms" shall be created or existing stock farms enlarged more than twenty-five percent (25%) in animals over one year old except under the provisions of a conditional use permit. In considering any such permit, the maximum number and 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." In addition the Zoning Code defines stock farm as; Section 10.02 Definition 26 "Farm (Stock)" - A parcel of land comprising an area of ten acres or more that is used to house and feed six or more animals or for the raising of food. Any of the following activities would individually require a conditional use permit: “ Recreational areas including riding stables (10.20 Sub 3F) - Farms (Stock) in t^xistence prior to 1 97 5 that have increased the amount of livestock by more than 25% (10.03 Sub 18A) f- ■: Now Farms (Stock) which require a minimum of 10 acr^s (10.27 and 10.28 Sub 3B) The Zoning Code ,er RR-lA and RR-1b districts do permit as an accessory use, 'cction 10.28 Subdivision 4A (refer to Section 10.20 K) animals -o bo stored, however this is limited to the keeping of domestic animals including horses for the use of occupants on the premise. it also states some minimums regarding the amount of open pasture available to allow that. (1 horse - 2 acre minimum + 1 acre for each additional horse. For other animals 1 cow/steer, 1 donkey, 3 sheep or 50 fowl = 1 animal unit.) The Zoning Ordinance also defines: Section 10.02 Definition 65 "Stables and Barns - Private" - A ouilding or structure used or intended to be used for housing horses, mules, donkeys or ponies belonging to the occupant of the property, and kept for noncommercial purposes. (Should not be located less than 150 feet from the nearest lot line.)and Definition 66 "Stable or Barns - Public" - A building or structure used or intended to be used for housing of horses, mules, donkeys or ponies which are owned by those other than the occupant of the property, where animals may be rented for a fee for riding purposes or whore riding lessons may be provided. While these definitions are included in the Zoning Ordinance they are never specifically listed or identified with any zoning classification as either a primary, conditional, or accessory use. The issue for clarification is the threshold at which properties falling within this farm (stock) exemption will be required to get a conditional use permit for uses other than the strict raising of livestock. It is indicated v/e do have stock farms which predate the 1975 ordinance tliat hoi) at the t i .me or have taken on some of these I I M d » .Ik , ----- F' additional functions. As an example if a farm: A) has at least 10 acres, B) was a stock farm prior to 1975 and not expanded more than 25% of the animals and C) which in part is storing or keeping horses that are not owned by the residents. A.) Should any or all of the following be permitted under the farm (stock) exception - Riding Stables/Academy - Renting out or boarding of animals above a specific number (In the Thompson application they were required to get a variance for "the purpose of breeding, training and sale to the public" 9/84) - Increasing the number of animals kept on the farm above 25% of those in 1975 - Holding of events on premise on more than a once per year basis that exceed 50 people in gathering Bringing animals to the site for breeding commercial purposes - Exceeding the ratio established for animials to pasture (2 acre minimum for one horse and one additional acre for every horse after that) (It should be noted that the Police department has indicated they have had "horse problems" where adequate (not necessarily at 2 acres) pasture has not been available) - Selling ot animals onsite - Processing animals and sale of commercial products derived from the primary usage ~ Combination of any or all the above - Impact of having less that 10 acres (It may require a variance) \D.) Or is it your understanding that this exception applies only to th*.> t ising of horses within the following perimeters: I 1 t ! - At least a minimum of 10 acres I - There are no accessory uses permitted apart from the actual raising and boarding of the owners horses i.e. no sales of tack, no training lessons and etc. Based on the direction frcm "ouncil, Staff will: If only B.) is correct then approach the various residents in the community who possibly exceed these perimeters. If you allow all or part of A.) then we would propose a Zoning Ordinance amendment that would specifically state which uses are permitted under the exception. Should you have further questions or comments please feel free to contact me. Recommendation It is recommended that any usage by these farms that entails ‘:he actual sale of service or commodities and services on sites exceed the intent of the exception and should be done pursuant to a conditional use permit. V* . To: T' f \ , Planning Commission Prom:Jeanne A. Mabusth, Zoning Administrator Date:July 9, 1985 Subject: #852 Stanley Gregory, 1410 Shoreline Drive Conditional Use Permit and Variance Zoning District - LR-IB Pertinent Ordinances Section 10.03, Subdivision 19 Section 10.55, Subdivision 8 - “ Prohibition - Conditional Use Pei.mit Development Restricted - Variance Pertinent Sections of C.M.P. Wetlands - CMP 3-4, 3-5 Storm Water - CMP 3-10, 3-11, 3-12, 3-13 Harza Study - 3-14 Met Council's Storm Water Impact Investigation 3-15 Orono's Surtace Water Management Plan 3-16, 3-17, 3-18 Environmental Protection Goals CMP 3-18 General Policies No. 4 CMP 3-19, No. 6 CMP 3-20, No. 12 CMP 3-21 Other agencies involved in the review of the project: 1. 2. 3. 4. 5. M.C.W.D. - permit approval required D.N.R. - permit approval required Corp of Army Engineers - permit approval not required U.S. Soils Office - City sought consulting opinon University of Minnesota - F.W.B.I. - Dr. Richard Hanson sought consulting opinion - City List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit L) - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Report from Greg Kopischke Wildlife Pond Outlet Detail Cooks's Report dated 6/20/85 Dr. Hanson's Report Dated 3/27/85 Joel Settles (District Limnologist) U.S. Soils Office Report - Corp of Engineers MCWD Permit Watershed per U.S.G.S. Map Nutrient Quality Analysis Rice Creek Watershed - Wetland Preservation Guideline Grading Plans In August of 1984, the Planning Commission tabled all action on this application until the City formulated performance standards for the review of aplications involving the alteration of protected wet lands. In addition, staff asked that specific information be sub mitted so that the factual review could be completed. J 1 Zoning File 1852 July 9, 1985 Page 2 or ‘hat outlines the issues We hale no oorf® addressed in each lane alteration ap.mication. A° performance standards to offer except for the Nutrient Quality Analysis (Exhibit I) submitted by the applicant's engineer ^^Exhibi? Th Watershed DistrictM.C.W.D. has suggested that we consider the use of Review ofmatters of water quality are in question. In review of that analysis, it would appear there will be no chance in with^fho^ proposal that were never addressedWith the original application information. decorative pond (80* x 80') will be constructed the^OHM approximately 3/4 of an acre in area below 1C / i" K at 929.4. The southern portion of the pond ® conservation and flowage easement. The pond will be ^ acres which currently flows into Lake - Pvh< ^ culvert under County Road 15 (see grading plan Exhibit K), A proposed outlet channel will allow vegetation to wfflnfr*®l“®U:'’ ^ flowinrintTtSearnw/h^ Pond. The pond will be aerated by a fountain to reduce algae maintain good water quality. Berming must be done between innnfrVi along County Road 15 so that drainage no longer flows through southern culvert but into channel - wildlife pond through skimmer and northern culvert to Lake Minnetonka. 3000 cubic arL^ a°nH altered. 1800 cubic yards excavated for pond c^^L,- . lu altered in reshaping the uplandslopers to the west and berming along County Road 15. The wildlife pond involves the alteration of 1.3 acres of a 2.6 alteration involved the removal of 5,500 trucked off the site for disposal. The remain- P^^dominatly a type 3 or cattail - sedge wetlands and the ^ ^ shrub swamp. Artifical pond or open ^ being the most efficient nutrient trap or anrjir\r.77 effective. Both Dr. Hanson on w.?!i Office claim no significant impact finr^in quality. Hansor. prefers open water areas as nutrient traps eiCer tVlollln7“ wetland releasing as many nutrients Ss rivr.,,sides of the wildlife pond nearest the outlet have 7:1 slopes water area and a better habitat for emergent g ation. This fringe vegetation area will provide a natural buffer ly 50 feet in width between the open water areas ptrin vegetation buffer will also serve as a filterstrip for runoff from formal pond. nicer Zoning File 1852 July 9, 1985 Page 3 A skinuner has been provided at outlet to remove debris prior to dis charge to Brown's Bay. The proposed pond satisfies the wildlife constuction standards of the DNR - varied bank slope ratios of 7:1 to 3:1 with island areas in midst of open water. The upper watershed that drains into this 2.69 acre wetland (see Exhibit H) consists of approximately 140 +/- acres developed at 2 acre rural standards. There is approximately 23 +/- acres of upland wet lands within that watershed. The upland wetlands appear to be equally divided between shrub swamp (type 6) and cattail sedge (type 3). Note once again. Dr. Hanson's comments concerning the positive effects of open water areas within wetlands. Review of Issues to be Addressed by City: Water Quality 1. Type of Wetlands 2.69 acres - major portions type 3 other type 6 - only open water .07 acres is on railroad right-of-way. Applicant proposes conversion of type 3 to type 5 - open water area of approxi mately 1.3 acres with island areas included. Settlers & Hanson claim no appreciable effects. 2. Assimilative Capacity of Each Wetland - discussed above refer to - Nutrient Quality Analysis (Exhibit I). Once again no significant effect. 3. Time of Year - Alteration of wildlife pond to be performed in winter of 85/86. Decorative pond, channel, outlet summer of 85'. All of the reviewing bodies approve scheduling. 4. Stagnant Water Potentia l - the flow of drainage or runoff to lake is more controlled with outlet - the maximum depth of both ponds appear to be at 4' +/- - the potential for stagnant water would be lessened with alteration. 5. Algae Control - 50' wide vegetation buffer and skinuner at wildlife pond - formal pond to be aerated - also vegetation in channel will filter drainage to wildlife pond. 6. Design Configuration of Alteration - formal pond - 80'x80' will have steep side slopes and stabilized by using 12 inches of heavy clay packed against natural soil. Approved by City Engineer. Wildlife pond - varied 7-1 to 3-1 slopes for wild.ife pond approved by DNR. 7. Monitoring Procedures - applicants agree to allow qualified agent of City to monitor pond after construction. II J Zoning File #852 July 9, 1985 Page 4 Staff suggest the following: 1. Special fees to cover Orono staff inspection during contruc- tion period. 2. Special agreement between owner and City (Developer's Agree ment) to have an outside agency hired to make annual inspections per scheduled approval by City. Please note Dr. Hanson has specifically requested the right to enter property for monitoring purposes. ^ Water Quantity 1. Design storm return frequency (100 year), this has not been covered in the review.To my knowledge 2. Overflow control device - skimmer has been approved by both MCWD, U.S. Soils Office and City Engineer. 3. Watershed characteristics - discussed above. 4. Retention time - not addressed in applicant's information. Construction Procedure 1. Method of Excavation - City to recommend 2. Disposal of excavated material - formal pond's material to be used in alterations around pond - wildlife pond spoils of 5*500 cubic yards to be trucked off site. 3. Restoration - formal pond area, channel to be completed this summer - erosion control silt fencing, sedimentation control fabrics and hay bales. Wildlife pond - winter months - erosion control to be in place ready for spring growing season. Spring of 86 special erosion control may be required at outlet and surrounding vegetation buffer area. 4. Protection of adjacent wetlands - wetlands within railroad right-of-way will be protected by scheduling alteration in winter months and intensified erosion control in spring. Flow from north will never be redirected or inhibited. 5. Scheduling — noted above. Purpose of Alteration staff^^^^ also been addressed by applicant and reviewed above by i Zoning File #852 July 9, 1985 Page 5 Staff would add another item in this review process and that is required review by other agencies concerned with water quality and water quantity matters that do not require permits such as the U.S. Soils Office and Dr. Hanson of the F.W.B.I. Please review their comments in Exhibit D and E. you make any decision on this application# please review the CMP sections referred to above or any other sections you find Pertinent to this review — bring them up at our meeting. How does this project stand in consideration of the appropriate Environmental Protection Goals noted on page CMP 3-18? What kinds of precedents do we establish if we find application is acceptable because it meets the standards established for this review? Would you approve the altera tion of another wetlands area within this watershed in 1986? Would this project qualify as a test case for the City? The findings made from the controlled monitory of water quality would assist the City in future applications. Staff would recommend that the application can only be approved as a test case and that monitoring take place for an unlimited period of time until the City, F.W.B.I. and possibly the U.S. Soils Office agree that under all possible conditions observed at various inter vals, the water quality at the point drainage enters the Lake has not been worsened by alteration. The applicants in turn would have to agree to respond within a reasonable amount of time to any request for physical alteration of any of the improvements if those improvements have been found to have detrimental effects on the environment or water quality. The City would be looking for the following from the applicant: a) Developer's Agreement - 1. Completion of work at approved time periods 2. Posting of appropriate security so that City can step in and complete if necessary or situation is deemed an emergency. 3. Payment of fees for the many inspection.; to be made by Orono staff during construction period. 4. Applicant to hire outside agency to perform wat(*r tests per City's monitoring schedule. 5. Written confirmation by applicants that F.W.B.I. and U.S. Soils Office may perform required tests on site. b) No use of chemical agents in control of algae and aquatic vegetation. In addition the City will ask that all use of fertilizers, hericides and pesticides in areas adjacent to ponds J Zoning File #852 July 9, 1985 Page 6 \\\\WESTWOOD PLANNING & ENGINEERING COMPANY May 15, 1985 Jean Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 - - - -. ■ I l.-.I I • I RE: Gregory Residence SiTOEMc^o^ Dear Ms. Mabusth: This letter Is In response to a request for more Information concerning the proposed wetland alteration as we, along with Glenn Cook, discussed at our most recent meeting. 1.Mr. and Mrs. Gregory have Indicated they will allow a qualified agent of the City to periodically enter the property to observe and monitor the condition of the wildlife pond after construction. 2.The grading plan for the wildlife pond area has been revised to show a treated timber skimmer adjacent to the existing outlet culvert (to Lake Minnetonka) and pond construction to allow a natural buffer/flltratlon area of emergent vegetation (see attached detail). This combination will help filter sediment and skim off algae and other suspended solids and, according to Dick Hanson at the Gray Freshwater Biological Institute and Joel Settles at the Hennepin Conversation District, will Improve the quality of water entering Lake Minnetonka. ,The skimmer desl>'n will be based on a storm frequency as determined by the City Englnjer 3.ix^tj^g low area of about 3/AThe fjrmal pond will be constructed In an e acre below the Lake Minnetonka H.W.L. of 93.' 'The north portion has hea^'y evergreen and deciduous tree cover to be retained. The southern portion Is covered by a drainage easement, has tree growth around the periphery and grass cover within the center. This low point presently accepts on and off-slte runoff from about 2.6-3.0 acres which then discharges Into Lake Minnetonka by way of a culvert under County Road 15. The proposed grading will Increase storm water storage below elevation 931.5 by about O.IA acre feet (O.AA^acre feet existing; 0.58± acre feet proposed). This pond will be aerated with a fountain to reduce algae growth and maintain good water quality. The steep pond side slopes will be stablllxed using 12 Inches of heavy clay formed and packed against the natural soil. As desired, the steep slopes and clay layer will prevent the growth of emergent vegetation around the pond edge. The outlet channel will allow emergent vegetation to become established and act as a natural sediment filter for water flowlnv Into the wildlife pond. 74IS WAYZATA •OUKVARO. MiNNIAPOllS. MtNNtSOTA &S4M KITI SMOliS ► May 15, 1985 Ms. Mabusth Page 2 9^,7'4 I The additional storm water storage along with the sedimentation/ nutrient removal by the pond and filtration along the outlet channel should Improve and maintain good water quality just as with the wildlife pond. 4.The proposed method of erosion control Is a standard silt fence using a sedimentation control fabric (see detail on grading plan). Additional fence backing for the fabric and/or hay bales as a secondary control may also be used where Its considered necessary or desirable to maintain proper erosion control throught the entire construction period. 5.Scheduling proposes the formal pond area, outlet channel and culvert under the driveway be constructed during the spring and summer of 1985. The skimmer and the Improvements and controls In the Immediate area of the outlet culvert (from the wildlife pond area) will also be Installed at the same time. The wildlife pond will be constructed In the winter of 1985-86. This Is due to the physical constraints of construction equipment getting Into the area at any other time and the ability to better control erosion and water quality discharge to Lake Minnetonka. Please feel free to contact me should you have any questions or require more Information. Sincerely, WESTWOOD PLANNING & ENGINEERING COMPANY Greg Koplschke GK/sd cc: Glenn Cook Mr. & Mrs. William Gregory Enclosure: Grading Plan (3 copies) J ’^' J J AfSA, Eiief^tPf Yw,c-TAT'o^ / CJD.fV. M-W U. V fOMP >"u ^ exKTiiN^ oiuvefir- /Livi nINNi. W.O “IlhRtfv WlU7U \]p*XA\t~ twp ox\itXVt^i ^'l'*)'6^ .....iteMM c m HC, Cma 4 *t 0^%4 2335 'k/. 7wi 36 S/ P»aU, 55H3 /9w 6f2-636 *600 June 20, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139 Wetland Alterations Offa a ^ F. Molten M ^uufu. PI Jn\rrK C A f%de*Uk , P I B'odfvfd 4 I t^hr*g. P £ Bn Hard I htrm**. P t\ Jomfi C Otion, P £ &lJF0Mir) Coenn B Cin>k Pf A/i/A a Cfo^dom, P £ f Ao«n«J £ r £. Btfksfd H fove*. P E. Bnben G SikymKht. P £ k4or*»n L io*>ald. P £ Ooftaid C Byritrdt. P I )ttry A Boy^dom. P £ Mtfk A Hkmon. P £ TfdB field P£ kfnkerl 7 Bcytmemm PE Bobtft B PJtJftrIt, P £ Pevtd O Lotkoie. PE CMoftei A Dtckum ito Af Pdwtlsky fia'lai S4 Olton [ '■ Dear Jeanne, The purpose of this letter is to develop criteria for staff to utilize in the review of wetland alternation applications. The city has received several re quests over the past two years for developing wildlife and/or decorative ponds. The alternation of wetlands raises two primary environmental concerns; water quality change and water quantity change; and the ultimate effect on Lake Minnetonka. There has been a great deal of information generated on water quality and the quantity of runoff. We would like to utilize that information which is con sistent with the Orono philosophy for protecting Lake Minnetonka. The exist ing City ordinance provides for a conditional use permit for dredging or exca vating of material from any lake bed, or wetland or land adjacent thereto. The major items which should be addressed in reviewing the Land Alteration Application are water quality, water quantity, construction procedures and purpose of alteration. Water Quality 1. Type of wetland 2. Assimilative capacity of each type of wetland 3. Time of year alteration to be completed 4. Stagnant water potential 5. Algae control 6. Design configuration of alternation 7. Monitoring procedures Water Quantity 1. Design storm return frequency (100 year) 2. Overflow control device 3. Watershed characteristics 4. Retention time 8662c Page 1. E city of Orono Orono, MN June 20, 1985 Re; File No. 139 Construction Procedures: 1. Method of excavation 2. Disposal of excavated material 3. Restoration A, Protection of adjacent wetlands 5. Scheduling Purpose of Alteration 1. Wildlife pond 2. Decorative pond 3. Retention pond There may be other items which should be added but the above lists provide the basis for developing a comprehensive review process. Each of the above items should be discussed in detail with city staff and council to further define the City of Orono policy for the review of wetland alternatives. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRCrli 8662c Page 2. iiiliilillMilAteL. r. UNIVERSITY OF MINNESOTA TWIN CITIES Gray Freshwater Biological Institute College of Biological Sciences P.O Box 100 County Roads 15 and 19 Navarre. Minnesota 55392 (612) 471-8476 © iT i’ ^ • • • NIR7RI985 CITY OF OROiNiO N March 27, 1985 Ms. Jeanne Mabusth City of Orono Box 66 Cryscal Bay, m 55323 Dear Jeannet I am responding to a request for my comments concerning water quality issues as they relate to dredging for establishment of a formal pond and wildlife pond for the Gregory residence. I understand that the dredged material from the wildlife pond will be removed from the site and that the silt control fences will be in place during construction to prevent suspended material from entering Lake Minnetonka. In general I favor the construction of ponds that increase water retention capacity and thus opportunities for sedimentation and nutrient removal in the Lake Minnetonka watershed provided that construction does not cause erosion of materials into the Lake. Mature marshes and wetlands generally release as many nutrients as enter the wetlands. Removal of previously sedimented materials increases the capacity for nutrient removal. I would like to see more of a buffer area at the edge of the wildlife pond adjacent to the proposed erosion control fence. If the grading in this area were at 929 for a distance of 50-100 feet on the edge of the pond, emergent vegetation would filter sediment and other materials before it entered Browns Bay. The formal pond and wildlife pond will inevitably become choked with aquatic vegetation and algae. Odors from decaying algae will be objec tionable and it is likely that control measures will be used. I do not object, and in fact favor, aeration of the formal pond. Because the ponds will communicate with groundwater I would like to see some restrictions on the use of chemical agents to control algae and aquatic vegetation. These restrictions, however, are hard to police. I 'LL k-t' Ms. Jeanne Mabusth Page Two March 27, 1985 invert and skimmer proposed by the watershed ^ useful if scientists at the Gray 4 Biological Institute or I could have access to the site after ^?f^nr^h^K? determine if my opinions are valio. These issueswill probably come up again and we could provide better advice. Sincerely, R.S. Hanson Director, Gray Freshwater Biological Institute Professor of Microbiology RSH/d cc: Greg Kopischke Westwood Planning and Engineering Con<3any i M e-I Hennepin Conservation District 12460 Way^ata Boulevard, Suite 205 • Minnetonka. Minnesota 55343 • Telephone (612) 544 8572 April 3, 1985 Ms. Jeanne Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 rN' i APR - 51985. I ^-------------------------------------• • . ; / Dear Jeanne: I have reviewed the grading and wetland alteratio'i plan for the Gregory residence as you requested. I hope that the following comments are helpful. Cattail-sedge wetlands (Type 3) are the* most efficient nutrient traps for treating surface water runoff. Artificial ponds and open water wetlanjs (Type 5) are less effective due to reduced nutrient uptake by rooted aquatic plants. The efficacy of shrub swamps (Type 6) as nutrient filters is not as well documented. Nutrient uptake in Type G wetlands is believed to be less than in Type 3 wetlands due to the slower growth of woody vegetation. The conversion of part of the cattail-sedge-shrub v.etland into a wildlife pond will reduce the nutrient retention capability of this basin. The reduction however, will not significantly impact the water quality of Brown's Bay. The large off-site wetland that is upstream of the proposed alteration will continue to treat the majority of the runoff. The proposed wildlife pond should provide adequate treatment for the localized runoff. The invert elevation of the culvert under County Road 15 further ensures an adequate retention (treatment) time in the wildlife pond during most flow conditions. The following recommendations are intended to minimize any potential impact of this wetland alteration on the quality of water discharged to Brown's Bay. 1. The areas of the wildlife pond nearest the pond's outlet and the inlet from the formal pond should have a 7:1 slope (horizontal:vertical) rather than the approximate 4:1 slope as shown in the plan. This slope and the resulting increase in shallow water area will provide a better habitat for re establishing a fringe of emergent vegetation. This fringe of emergent vegetation would provide a buffer between the open water areas and the outlet. This fringe would also serve as a filter strip for runoff from the formal pond. TON* I MVATKiN 14 VH<4 NT b* I » CV**VT MNVf Nl i ! • } 1 2. The silt fence should be inspected irequently by your staff to ensuLe its integrity. The fence must be functioning properly during the dredging operation to prevent heavy silt loads to Brown's Bay. 3. The outlet of the wildlife pond should have a baffle or shimmer to remove debris prior to discharge to Brown's Bay. 4. The property owner should be encouraged to avoid the use of fertilizers, herbicides, and pesticides in areas adjacent to the two ponds. ^ I have discussed these comments and recommendations with Mr. Greg Kopischke of Westwood Planning and Engineering Company, If you have any questions or require additional information, please let me know. Sincerely, doel C. Settles District Limnologioc JS:sj cc: Mr. Greg Kopischke DEPARTMENT OF THE ARMY ST PAUL district CORPS OF ENGINEERS 1135 U S POST OFFICE & CUSTOM MOUSE ST PAUL. MINNESOTA 55101 REPLY TO ATTENTION OF: /f$'o Construction-Operations Regulatory Functions^iij3-^^/5- 2z: 3c-kyyi^. 5637/'Z.'/2-^3r/3AiL> Atl/C/Lc 77//7Af.j /? Sqtz^, /^472Pa^'^ A review by the St. Paui district indicates that y ar project (referenced above) is authorized by General Permit 001-HN. This permit is for specific kinds of activities that are approved or permitted by the Minnesota Department of Natural Resources (MDNR), and is not valid until your project receives MDNR authorization. Should there be any objection by another Federal Agency, individual processing may be necessary. However, if you do not receive notice of an objection within 20 days of this letter, you may proceed with the project when your MDNR permit is received. This Corps authorization requires that you comply with all conditions of the enclosed permit and that you satisfy any limits and conditions of the MDNR permit. D^nis \f. Cin ?^Chief, Regulatory Functions Branch Construction-Operations Division Enclosure //^A //h:?7t'afi27c3, /7lx)iU£&. ^ ^ 56^9(c iL^ . - - _____: .'~L • ' ^ T ( '' - ■ ^* • t, I / i 'w I -« h ; 2 1985 U \i MIIMIUEHAHA CREE j^. CITY OF QRnNn •*•11 ►'.Hit# icu**:•fc* WATERSHED DISTRICT UU HINMTOHI* P.O. Box 387, Wayzata, Minnesota 55391 lOXRO Of MANMSEOS; David H. Cochran. Pres. • Albert L Lehman • John E. Thomas Michael R Carroll •Camille 0 Andre • James B McVVeiny .JamesR Spensley MINNEHAHA CREEK WATERSHED DISTRICT NOTICE OF PERMIT APPLICATION STATUS' Permit Application No: 84-146 Date: April 9. 1985 Applicant: Stanley Gregory 1410 Shoreline Drive Wayzata, MN 55391 Location: City of Orono, Sec. 02CCC, Shoreline Drive • Purpose: Wetland alteration and dredging 27-855W Dear Mr. Gregory: At the specially scheduled April 2, 1985 meeting of the Board of Managers, the above permit application was reviewed. Action was taken allowing District staff to issue your permit only after receipt and staff approval of the following: 1. 2. 3. Letters of approval from the City of Orono and the DNR. A revised site plan shewing the quantity of aquatic vegetation that will remain around the outlet. Details and supporting calculations if the existing outlet is modified in any way. Please be advised that the project is not authorized until the above has been submitted and you have been notified of permit issuance. Should you have any questions regarding this matter, please contact me at 473-4224. Very truly yours. EUGENE A. HICKOK AND ASSOCIATES Engineers for the District Tm Mahady, Engineer cc: Board G. Macomber G. Kopischke, Westwood Planning & Engr. t-JT^abusth, City-Orono R. Schulz, ONR j; I ■«j . 6r-l WtTCfiSHCO lOtfNOART ^ # I ! ■ •; i' » h; \kt\t li. ii u i:MINNEHAHA CREEK f /■'I Vv' , % r'7-v u« KiiiM WATERSHED DISTRICT' 'LUiLiaiixJJ P.O. Box 387, Wayzata, Minnesota 55391 lOARO OF MANAfilllS: David H Cochran. Pres • Albert L. Lehman • John E Thomas Michael R. Carroll • Camille 0 Andre • James 6 McWethy • James R Spensley ■i '1 April 26, 1985 Mr. Greg Kopischke Westwood Planning & Engineering Co. 7415 Wayzata Boulevard St. Louis Park, Minnesota 55426 Re: Stanley Gregory Project MCWD Permit 84-146 Dear Creg: The p oject referenced above was reviewed by the Board of Managers at the specially scheduled meeting on April 2, 1985. As my letter dated April 9, 1985 to your client and others stated, the Managers prefer that aquatic vegetation is left in place in front of the outlet to maintain the quality of the water entering Lake Minnetonka, with this natural filter in use, a baffled weir structure will not be needed. I have enclosed a copy of that part of the minutes of the April 2, 1985 meeting during which this project was discussed. If you need more information, please contact me at 473-4224. Very truly yours. EUGENE A. HICKOK AND ASSOCIATES Engineers for the District m Mahady, Engineer cc: Board G. Macomber , J. Mabusth, City of Orono t a f. ‘ \ M ,f ■ J ■V V>'" 1^- 1 ■■; 99^ • •V\r \ f P:.. ' V \ \ •*l U • . * -? • 975 *a .OM . ••XalvinlC A, > V** ^ \ V* "X*— * I A. \* > iCour»!fy Club « •I , . • . • I ■“ ^v* !.•___i • ««.-1 _ **• • i •• • P••••/- Spirit Island SCALE 1 24000 0 1000 1000 ?XIJO 3cno* 1 Milt 3 401 V) I “ bOOO bruo 7000 »UT ZD 0 3=:x I SllOM£TCR FJ Heavydufy Medium duty t CONTOUR interval 10 FEET DATUM IS MtAN StA UVCL MffipV QUADRANGLE LOCATION THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY. DENVER. COLORADO 80225. OR WASHINGTON. 0 C. 20242 A FOLDER DESCRIHING TOPOGRAPHIC MAPS AND SYMIiOLS IS AVAILABLE ON REQUEST ROAD ClASSmCATION r ,,,rr,rr— Llgh|<duty *1. Unimproved dirt • . ^ » U. S Route Stale Route * f EXCELSIOR, MINN NC/4 LAKE MINNETONKA I9‘ QUADRA N4452 5—W9330/7.5 • 1958 AMS 737J t NE-SEBIES V«7i .A I \\\\ JOB '’^.OfJQ ^ l)SHEET NO. * ». #». WESTWOOD PLANNING & engineering company MADE BY DATE __JOB NO CHECKI-DBY DATE SEC SHT NO 741} WAVZaT* BOUICVAXO. MINMt APOUS WN SViM |tU| M«Ot»CALCULATIONS FOR u)lul:?UF£. l=bo'n> tcAVfpi? x 0.^ IfeV'i-vYF- “ O.oliAcfSh ’ CCfWJVAITfO ■Ub^^^At4^ l4mth/^r[A\um^‘p^ X. <^.o lon^ 6fAll1V o.nt-iA^jS (.ofT/J uAitK) »toW M- ’Fbop U/\D^16'■‘1# • % Z.-18>*Ac^fP X lh»i/AA./yf:.- C’-6T AtfJ.TAicATio''' *. 11-0 4^60 lU/vp. Tfpfo^iP Lo^\r'!i-i )/'-^,01^ 0-f c?.6l A^W\U\T10M ^0.'»>0t/ppj;s> X f.O Ik Ac-ffS> K|i/0 I.Z jD /Sf^A)0^UA-t^pN '^^b /-)uTf>ieA>-V (^UAUW ApACpV-^5 (f^ 1^6^: .. . I I 1 • RICE CREEK WATERSHED DISTRICT WETLAND PRESERVATION GUIDELINE Marshes (wetlands) are important to the environment of the Rice Creek Watershed District. Step 1: Calculate the area of each proposed land-use in the basin which drains to the wetland.II •t Wetland vegetation has the natural capacity to assimilate ‘ the nutrients (nitrogen and phosphorus) washed from the surrounding watershed by stormwater runoff. • % . Step 2: Calculate the nutrient load {lb./year) generated by • the watershed that drains to the wetland according s to the ultimate land-use. See Table 1. • i • • I \ \ . Wetlands provide a natural means of temporarily storing stormwater runoff to minimise the potential for flooding !\ • . downstream. The Rice Creek Watershed District Board of Managers has set the general policy that requires all property improvements and land '<' • • j. .._______________________. ..•_____________j ___________________...______________________ __________: developments that involve wetland alteration to preserve enough * wetland to: Step 3: Calculate the nutrient assimilative capacity of the . *•* V; / » wetland. See Table 2. . * *. • . • •• « •><. *• • * . , ^ f » , / ^ V • • V .' * • ♦ ». * , . ' • '*.*•*, ' \ • '*.«•*, . • ' ■ • # Step 4:’ Balance the lost assimilative capacity per acre of t * * , . V . fill plus the additional loading due to the use of . ’ v • that area with the surplus nutrient assimilative capadty of the wetland. This can be written in ] • • • the following equation: • ^ \ K. * * * * ' ■ * » w • . */ ‘t \ f I .' * j ‘ apment, assimilate the nutrient r,’:‘ ‘V j1. • At its ultimate development ' load from the total area that drains to the wetland.Total Assimilative Capacity — Total Loading from Finable of Existing Wetland Ultimate Runoff2. , ^ Provide adequate Storage for stormwater such that ‘ ____P±K^L^llDRJ!}L^^tiand____ultimate^Hun^ott i - ‘ • •’ the runoff rate from the watershed does not increase •''* f. Assimilative Capacity of ' ■+ Ultimate Loading Due . ^ • due to development of the land, based on a 100 year-5 ^.'Wetlarnd (per acre) ‘ . to Use (per acre) | • 24 hour duration rainfall event. •' ^ • ■* I ; • . ’i • .. ' B. , Stormwater Storage Determination \ The acre^e of the wetland that meets these requirements is called ?.• -j. i *. ^ . the R4inimum lA/etland Preservation Area. This namrihtet rtesi-fiHi^s i In orde' .K a ..a. ..aw .a ..a..a .. the Minimum Wetland Preservation Area. This pamphlet describes , j ‘ ... ’ how the Minimum Wetland Preservation Area is determined using a set of generalized parameters for nutrient generation and assimi- .*. lation, soils, slope and land use. However, there may be occasions .when the preservation of a unique natural resource or a unique development may require an analysis of an additional set of para- / rder to calculate the minimum area needed to store V» ': runoff and to minimi?e potential downstream flooding, r • • j the following procedure has been developed. . . • . • t I*/• '. t • • • I•. • - * - t t < » « . :• .meters to determine the Minimum Wetland Preservation Area. % f • • MINIMUM WETLAND PRESERVATION AREA CALCULATION ‘ ^ ^ Runoff Determination R = CPA • • •, / R ^ Runoff in acre-feet ‘ P ■ Total Rainfall for 100 year return • • • ) . • \ _ • ■ • . . . ‘'frequency/24-hour duration rainfall .. ( .Ievent in feet (normally 0.5 feet)•. • .V ... • I' V; There are two considerations when the Minimum Wetland Pieser- ^ ^ •, '/• , •' ; * . * ' /*• ■ . vation Area is determined: the area necessary to assimilate nutri- A = Drainage Area in acres is . ’ * / ' T . Vi * * • . r , , . . • • • \ T. ent loads and the area necessary to minimize the potential of « V . j "a . .V * • - " .. VVownstream flooding. Tha larger of the two areas determined is ‘ 1: Calculate the runoff for the entire.watershed prior , • *'considered the Minimum Wetland Preservation Area. ‘ 1o*l| l^nd development. • . , . .. • • ’ *•*.» • . .. ' • ► 9 \ -• • • » •. • •• •.. ; A. * Nutrient Assimilation Capacity and Possible Fill Determine- % • . . tion N . Step 2: Calculate the runoff for the entire watershed ( '*yconsidering the ultimate land use. » I • I ^ • *• « • • . * • •* •To calculate the minimum area needed to assimilate nutri- • ents v^ashed off the land surface and to determine possible fill the following proceduie has been developed: Step 3: Calculate the storage required in the difference between the ultimate runoff and the undevelop>ed , runoff plus the rainfall on the v/etland, without •* cjusing flood damage around the wetland. J EXAMPLE ' .. ■t^Hr.miiwi>-k- A 25*acre marsh is located in a 100-acre watershed. Mr, A applied for a permit to fill part of the marsh for development of single family homes, lots one acre or less. The watershed area Is divided , into four parts:' ‘ / • • . . V* V • %‘ : >.* 1. \ 25 acres of moderately sloping, sandy loam soil on which 3. 4. ■' • 10 acres of flat clay soil which is presently open space. Mr. A wants to develop a commercial center in this area. ' 25 acres of cattail marsh. • • * *• ' • • * \ » • i • ^ I • • single family homes have been built. These homes have •*' The problem is to determine the area that Mr. A should be allow* ed to fill while maintaining the Minimum Wetland Preservation Area in order to assimilate nutrients and to minimize flooding, % % • • i ’ an average of 2-acre lots. .• •*» ■ ’ i - • ’«• • . ’ Area in order to assimilate nutrie . »• ■ ‘ •. . .. . ■ •' '• • ' ' •■' • ■•vlv ‘'4 ' 2... 40 acres of flat, sandy loam soil which is presently o^n *' < ^ Mr iV tKiC cinnlea #srrk*riL« . ^ * • * "/f ^ -I ^ space. Mr. A wants to develop this area for single famify; ; ’ *• homes with lots one acre *•• t or less. *:v ‘ * ' J - ' j ’• • • ‘ i'VV'*: ^ . . • • V • 'V « ; * . *. ; ' ^ V : .M*. . V * •. . •• •• I 1 . • ,•••. . ■ ■: t • ' Existing Single . » I Family 2 Acre Lots • / -V* * •. ’ »* I . * • \ * • • ^ \ * . • # • (40 Acres) ^., . Flat Clay Soils . ‘ ' ‘ a .V . V : : ' -V . V..'- • •• >'•' ’ '* f*' - ‘ ^ ® • _ ft - » -,■ Planned Commercial • Flat Clay Soils (10 Acres) ‘ , * II ' . . ■ » .* • . y , • f , ; ••• •.•. .• • . • • , • . * ; • • :* . • ,* , # • ^ ^ . '• >.***'*\ *• a», *. • .* .• •••,. '* *v .***. •«*•!• •• . , • . • ^ . e . . • f . 'I • • / *. • f .• • i \ ‘ • • • i‘ 25-Acre Marsh 4 Present/Planned Land Use — Soil Type * ** t * * • ft • . '>v. - . ... •. V ' •■ I I # • *1. • ^ Acres • "* Soil Type Land Use Present/Planned # 25 Moderately Sloping Sandy Loam Single Family 2 acres Same « • 40 • • Flat Sand <- Loam Open Space Single Family 1 acre 10 Flat Clay Open Space Commercial 100 Totai Acres (Including M,srsh) .. t '.r”' It • • ' .’V w V- \ 0 • 4 ^ • • ■;• :. '■! ♦j 1 • t f ■i ‘ A ,. .1 .j *w • * . ' u*v ’. Jr ,:r :) 1 A % ’■■;;;••• • ' '4 . : I- . •- * i»> *; -1 ^ • 1 1 i • * ■• *. i .■* .•'i•[ . • .•; •• ' • • * » f • ▼ * i . . . •,\# - « V . • «‘ • i •• ■ .i r I TABI E 1 NUTRIENT LOADING ACCORDING TO LAND USE TABLE 3 SOILS AND SLOPE DESCRIPTIONS I • Land Use Nutrient Load (pounds/acre/year) Open Space 0.30 ft Residential; lots larger than 1 acre lots 1 acre or less multiple dwellings 1 * • ' • 0.40 1.44 3.46 ' # 1 I ^ Commercial/Industrial • ' , * •1.33 ' Tight Soil A mixture of clay with sand, silt or clay, 0.2 to 0.6"/hr. permeability. Example: • Brickton silt loam. . ■» ^ 1 ■ ' • Medium Soil A glacial till, loams, sandy silts Or clays. 0.6 to 6"/hr. permeability. Example: Nessel sandy loam. 0 • Loose Soil Clean sands and gravels, greater than 6”/hr. 1 permeability. Example: 4 Zimmerman fine sand. TABLE 2 . NUTRIENT ASSIMILATIVE CAPACITY OF WETLANDS K Steep Slope ■ 6% or more . i . 4^ . i Wetland Type w ' . Cattail Marsh (continuously wet) Grassy Marsh (alternately wet-dry) Moderate Slope f • 2% to 6% Assimilative Capacity (pounds/acre/year)Flat Slope • 2% or jess i 4.0 i 12.0 < V • •*.» ' ’ *» «•,# *• * i • * . ;.. j . •« * * ---------------------------r ..,v ' . • • . : •• • •• r 't : ■ TABLE 4 - RUNOFF COEFFICIENTS (C) • V—----^-------- • f ^ 1 •« t « •'9 ' r */ • • * « f 1 . •• • • • t* Soil and Slope •; Characteristics *• i. • * V V.-‘ Steep Slope ' • - Tight Soil \\) Steep Slope * . ■ Medium ^il ‘ d ~ • * . r. i, Steep Slope •• Loose Soili • I .* T ■ ‘ Moderate Slope .' Tight Soil ‘ r.. . Moderate Slope >* ./, >,• Medium Soil ' . '•' Moderate Slope ■';>/Loose Soil ■ ‘‘'j, • • JV .V. ' S' Flat Slope ^ Tight Soil '.y, •vVv’‘'''Flat Slope ’ V . Medium Soil • Flat Slope Loose Soil Land Use . * I •. • • * '• * K Residential ' 'r * ’ • t * • ft ^ . * : : ■ * Open • •-. . : ; Space .;Single Family Detached & Duplex 9 ^ , * * 4 *. Multiple Dwelling 1 •• Greater thari 1-2 acre V4-1 acre / ’Less than N ■ 10 units/acre More than 10 * units/acre•2 acre lots lots lots acre lots or less . 1 0.65 ;0.65 ; .0.70 V 0.70 , . ; .0.70 /. '•;0.75 . '•• • om • '■ ' ^ . ' ♦ ^ 4 » 1 * * »* . . * • • •• * 4 ? ( :0.60 V-;; • 'i*- a ‘ . ♦ 0.40 . A m 0.45 •;.•' . <'% * , ‘ ■ s 0.45 1 \ ’ . ' • * .050 , ’ > S ' *. • > .>: ; • 0.50 .-.V V'. V- 0.75 •: 0.30 .0.30 . *«0.35 0.40 ■.,0.40 . •:. f 0.50 .i/.,;0.70 ; , • V » t •. . / ' 4 4 , •’ » 0.50 .. -0.50 0.55 . •-0.60 ’0.60 .0.65 ' > :0.80 0.35 . . '«• # 0.40 ' 4 0.40 ' • •0.45 .‘v 0.45 ’0.60 ■ >■ j ;.i.': ii# '* ft 9* • • .N* ', •• ••>'. ,v:. M 9 ‘ f• * • *1 .* \ : • , . ft • «•..-. 0.20 0.25 0.25 0.30 ■ ■0.35 0.45 ;0.65 .• • • •, • . ft •V.-. V'< *; •. * • '* , ft4 0.45 • . f' 0.45 ' • - ■ -v' • f 0.50 i « k • • . 0.50 .• ‘ A . • f *, • O'»‘ ‘ ^ A* 0.55 1. .'»• . 0.65 0.75 • V • , •♦ ’ « • 1. t ‘'' ’ ' * ‘ 4 . • ■ V ■ ^4 M « % • :• *1* ■ », 0.30 « .0.35 * ‘ • 0.35 ' * 4 ft » _ ^ 0.40 f • A * #4 • •• »' . ‘ . %. 0.45 * 4 a A ^ * 4 f ^ ft• . % ^ 0.55 4 • t r 0.70 4 * •0 » « .mm *4. ' « • a # 1 • * •* a 4 ■ e ■ a ** i ' , i ■ 1 , ‘ •' A ' . * * »*% ^ » 0.15 0.20 i • 0.20 •0.25 •0.30 • ; ,0.45 .0.60 ; *1 • '* • 4 . .* * * %* » . '• Non-. Residential Commercial Industrial 0.90 • / t t •V- 0.85 ■ • • .0.80 • • • < 0.85 2 * ' • • $ 0.80 4 0.75 • . •. • 0.80 . . • • 0.75 ■ 0.70 r - 4 • Rice Cfeek Wstcrshed District • Administrative Office Suite 177 • Arden Plaza 3585 Lexington Ave. North Arden Hills, MN 55112 (612)483 0634 • » ; • «• I • "s *^ V . ' • . E. A. Hickok & Associates Consulting Engineers (612) 473 4224 • ‘ Frank J. Murray • V • Attorney ‘ . ; . (612)222-5549 hf lltm «r A.t V-^I 10/1/81 \k r. To: Date: Subject: Planning Commission Jeanne A. Mabusth, Zoning Administrator July 9, 1985 #927 Stanley Gregory, 1410 Shoreline Drive Second Review - Variance - . » f * ■ • Lakeshore Setback Lakeshore Hardcover - Crowding Principal Building Zoning District ~ LR-IA Revised Application Pertinent Ordinances a) 10.21 Subdivision 1 b) 10.21 Subdivision 2 c) 10.03 Subdivision 12 A) Lakeshore Setback required = 75* proposed = 53* variance =22* or 29% B) Lakeshore Hardcover allowed = 0 . . existing * 27 s.f. or .042% (approved within applica tion #863 for retaining wall within lakeshore yard) Accessory Structure Setback required - 10* proposed - 5*4** variance - 4*8" or 48% - Greenhouse from Pool List of Exhibits Exhibit A - Report by Applicant's Consultant Exhibit B - Revised Site Plan Exhibit C - Lakeshore Section - Underground Drainage/Filter System Exhibit D - Hardcover Fact Sheet The revised proposal proposes a pool 21'x32* located 53* to 59* from the lakeshore. This plan includes a 8*x22* greenhouse addition attached to garage. There would be a 5'4*' separation between the pool and the greenhouse along a 16 foot wide section of the pool. Review of hardships noted by applicant's engineer in choosing appropriate location for pool: A) Area further west of primary septic site 1. Potential conflict with the septic system drainfield 2. Exposed location to Tanager Lake which limits privacy and impacts neighbors across the lake. L Zoning File #927 July 9, 1985 Page 2 3. Area would require tree removal & grading to create a flat area and would encroach into the lakeshore setback to within about 40 feet of the waters edge. 4. Too far from house. Area northwest of the existing house - site suggested by staff for your June 17th review. 1. Steep side slopes (aproximately 15-20 foot drop) creates a very difficult construction situation which could start to encroach into the existing tree cover. 2. North facing slope and orientation is not desirable for pool use. 3. Location does not relate to the house use and traffic patterns. 4. Location is visible to train and pedestrian traffic along the railroad which restricts privacy. location based on the following findings and hardships: 1. Flat slopes adjacent to the walkout level of the garage 2 Close relationship to the house, showers, restroom and s;orage while have a separation from other activity areas of the house. 3. Sunny location and orientation. Setback Considerations With Revised Plan Mr. Kopischke notes the pool has been moved 5 feet north away from the lakeshore with an average l«''°"h°re setback of 56 feet. Thi^ new setback also moves the pool out of the DNR 50 foot structure setbacK. Hardcover Considerations With Revised Plan Hardcover has been reduced from 1200 g^t^^ Dlan, the only hardsurface around the pool area is the 85 s.f. of coping around the pool and the 15 deck, other designated hardsurface lies between greenhouse and pool out or the 75' setback area and is needed for maintenance and use purposes. i 1 • k Zoning File #927 July 9, 1985 Page 3 The remainder of the unshaded grid area within the 0-250' setback area is proposed as a non-hardcover improvement with the use of grass areas and boardwalk (see page 3 of engineer's exhibit). The City engineer will review the feasiblity and validity of this approach to the hard cover issue (staff will report back to you at our meeting). Note, this type of construction will be employed out of the 75' setback area to compensate for excess of hardcover within 75 setback area and the hardcover outside of the 75' setback area south of the principal structure. Consideration of Accessory Structure Setback Within Revised_Pl^Q, The applicant's engineer notes the separation setback is required for only a 16 foot wide area between pool and greenhouse. The following findings have been suggested in support of the variance setback of 4'8": 1. To move the pool as far out of the 75 foot lakeshore setback as possible and out of the 50 foot DNR setback. 2. To maintain a 10 foot or more setback adjacent to the house/greenhouse for as much distance as possible. 3* The desire to have a pool of 21 feet in width which helps the sl^;*. ty concern of people, especially children, diving from the shoitide of the pool. 4. Emei'^ency access to principal structure can be accomplished to the east, south, west and within 13 foot setback on north. 5. The pool can also act as water reservior for fire protection. As requested at your last meeting, the applicant has provided sufficient argument to support the variance application. Planning Commission members must decide are these valid in consideration of the facts provided by both staff and applicant s engineer. If you approve the multiple variance application use the hard ships and findings noted above - remember you are now asked to approve a separation setback from greenhouse to pool. Condition approval on limiting hardcover to 127 s.f. within 0-75' setback area " variances - applicant must develop property per standards of the code. If you approve onl^ the hardcover setbek variance for the pool, use apropriate findings above but condition approval on pool being placed 10 feet from principal structure moving it as far out of the lakeshore protected area as possible. i ; ',.-s®-: -.'rj;* ::mt£:xvpwcsjrmsacrrs~,zsvyszs^ :i:'jczr:.i " “TPgy-i^ar^-tg: r’-rragrr.I- rtaiaps'L-c.saMaesssfmBrx'srri^yrsssrmrjn^^ -g:^TL‘;:rgtgrTr2 /WESTWOOD PLANNING & ENGINEERING COMPANY July 3, 1985 Ms. Jean Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Gregory Residence 1410 Shoreline Drive; Wayzata, MN City File: 927 Dear Ms. Mabusth: On behalf of the applicant, Mr. & Mrs. William Gregory, we are submitting the following request for consideration by the City Planning Commission and Council. For reasons that will be fully explained later In this letter, three (3) variances are proposed to accommodate construction of a 21* x 32* pool adjacent to a future greenhouse and tie existing house. These variance requests are: 1. Lakeshore Setback The proposed pool Is setback 53 to 59 feet from the lakeshore. This average 56 foot setback represents a variance of 19 feet from the required 75 foot setback* 2. Lakes!'»re Hardcover A total of 100 square feet (85 square feet pool coping; 15 square feet hard surface deck) of hardcover is proposed within the 0-75 foot setback. This represents a 0.155Z Increase (see attached calculations) over the allowed coverage of O.OZ. 3. Accessory Structure Setback The pool, an accessory structure, la proposed to setback 5*-4" from the future greenhouse and principal structure. This Is a 4*-8“ variance from the required 10 foot setback. This variance Is required only for a 16 foot wide area where the pool Is adjacent to the greenhouse. The site topography has offered severe limitations to the overall site planning process. The steep slopes, soils, ground form and vegetation In addition to zoning code setbacks, have contributed to restrictions on locating the buildings, entry eourt, driveway, pool and septic system. The present building locations on the top of the slopes was found to provide the best site utilization by minimizing potential negative site Impact. The proposed pool re-locatlon Is a result of these restrictions. Various site locations have been explored. 741$ WAYZATA SOUirVAAO. MINNCAAOLIS. MifiNESOTA $S43$ |$ia S4A0US ► i July 3, 1985 Ms* Mabusth Page 2 A. The area west of the house was the original proposed pool location. Here It mlnlolzed site Impact by being located along the top of the slopes* met the 75 foot lakeshore setback and related to the house use patterns. This location was later determined to be the primary septic dralnfleld site and the only location where a gravity septic system could be Installed. With the septic system now In place here* a hardship to the Owner has been created to find an acceptable alternate pool location based on the site constraints and zoning regulations. An alternative of moving the pool further west along this crest was explored but rejected based on the following: - Potential conflict with the septic system dralnfleld ** Exposed location to Tanager Lake which limits privacy and Impacts neighbors across the lake. *■ Area would require tree removal & grading to create a flat area and would encroach into the lakeshore setback to within about 40 feet of the waters edge - Too far from house B. The area northwest of the existing house meets the required building setbacks but Is considered an unacceptable alternative location for the following reasons: ** Steep side slopes (approximately 15-20 foot drop) creates a very difficult construction situation which could start to e^^^croach into the existing tree cover - North facing slope and orientation Is not desirable for pool use - Location does not relate to the house use and traffic patterns - Location Is visible to train and pedestraln traffic along the railroad which restricts privacy C. The location south of the existing house/garage is the proposed alternative to be considered by the Planning Commission and Council. It Is the same location reviewed on June 17, 1985 by the Planning Commission at which time action was tabled. This site is most desirable for the following reasons: ~ Flat slopes adjacent to the walkout level of the garage* - Close relationship to the house* showers* restroom and storage wl'le having a separation from other activity areas of the house. - Sunny location and orientation. - Tree cover along the lakeshore provides screening from neighbors and the lake while providing privacy for the pool user* H July 3, 1985 Ms* Mabusth Page 3 As noted at the beginning of this letter, this location will require three variances concerning lakeshore setback, lakeshore hardcover and accessory structure setback. 1* Lakeshore Setback This proposed pool location varies from the plan reviewed on June 17 in that is has been moved about 5 feet further away from the lake. The nearest point will be 53 feet from the water. With an average setback of 56 feet, the requested variance would be 19 feet from the required 75 foot setback. This setback would also move the pool outside the DNR 50 foot structure setback. 2* Lakeshore Hardcover The requested hardcover has been reduced significately from the plan reviewed on June 17. A total of only 100 sqaure feet within the 75 foot setback is now requested. Of this, 85 square feet will be the pool edge coping strip and 15 square feet will be hard surface deck area. As shown on the attached plan, the only hard surface proposed Is that between the pool and the garage/greenhouse and is almost entirely outside the 75 foot setback. This is for practical reasons of maintenance, pool use and access into the house and storage area. The remainder of the grid shown on the plan will be a pattern of pervious surface where a combination of grass areas and boardwalk will be utilized. The boardwalk will be a wood deck module set on and into a rock bed and flush with the pool and adjacent hard surface A geotechnical filter fabric will underlay the rock to allow water passage thru to the natural soil while acting as a weed/vegetation barrier. The ground form will hold the rainfall/runoff within this rock bed to help control water quality and compensate for the 100 square foot hard surface area within the lakeshore setback (see attached detail). A small 6 inch perforated P.V.C. pipe and filter fabric will be located at a low collection point to allow a slow, controlled outlet for runoff. This water pervious surface will also be used as much as possible beyond the 75 foot setback to reduce potential hard surface coverage, also to help compensate for the requested hard surface within 75 feet. 3* Accessory Structure Setback The pool will have a setback of 5’-4" to the greenhouse and 13’-8" to the house/garage* This will require a variance of 4'“8” from the required 10 foot setback for a 16 foot wide area between the pool and greenhouse. i! 0^.n. July 3, 1985 Ms. Mabusth Page A These proposed setbacks are based on the following reasons: - To move the pool as far out of the 75 foot lakeshore setback as possible and out of the 50 foot DNR setback. - To maintain a 10 foot or more setback adjacent to the house/ greenhouse for as much distance as possible. - The desire to have a pool of 21 feet In width which helps the safety concern of people, especially children, diving from the short side of the pool. Emergency access can be accomplished to the east, south and west of the pool easily and within the 13 foot setback on the north of the pool adjacent to the building entry/exit points. Again, the only restriction will be for a 16 foot wide area by the greenhouse. The pool can also act a convenient water reservoir for fire protection. In summary, the site, zoning regulations and construction requirements have offered limitations to site utilization. The required locations for the septic system necessitated moving the pool and created a hardship In finding an acceptable alternative location on this restricted site. These conditions of hardship Include steep topography, narrow area west of the house, existing vegetation and general unique character of the property In relationship to required zoning setbacks. The proposed pool use Is permitted within the LR-IA district. The proposal will not alter the character of the locality. The proposed compensations for hard surface cover to control water quality and runoff along with efforts to move the pool out of the lakeshore setback as much as possible and minimize the accessory structure setback variance, are made to keep with the spirit and Intent of the zoning code. If you have any questions or require additional Information, please contact me. Sincerely, WESTWOOD PLANNING 6 ENGINEERING COMPANY Greg Koplschke GK/sd Enclosures cc: Mr. & Mrs. William Gregory ^ • M r p&iz-WKre-p ?MC--(e utcnt^wiwcpi. fiurfc?- eocv. ■iiSM: "’""rail ^V^-CVAUVC 6OPIM61 e>Titip f«?U \ v> / ♦ 7 • ■ •■ ; f?eOT\OH NO e>6AUe 1410 5)H0^eume- pp-we-0 V 8f ay sf ^U-£Lj-L________L^ /■2-‘pi._y^sf ^0 /^O * ^ 30 % 7 • sf sf 0/ /t>sf • • • %> 35 •/• 1 d0\v; 28B66 OB percentage 0 -/o 25 Vo 30 V, 35 •/• idewalka, tone. ly by 100. ional ply by 100. exceed -7357 oval increase * 1 ^y^^;S^J^^s_subrT^ttGd after packets were copied K6Y HA(!-P 5UP-FA6fc/pA\/lH6^ 927 952-.T? ^ ________ « » O * • • • •• • • • •• • • • •• • • • «• • • • •• • • • •• • • • •• • • • • • • ♦ « •• • » • • • • • • •• • • • • « • • • • • •••• »•••« • •••I ••••a • •••• »«••• • •• % y ••••• •••« »•••• • •••i •••• • • • • • » • « • « • • • • C* • • • • • • • • ^ • • • • « • a • • • » • •••• • •••••••a Kp'-O" p(X?U 3t-0' LiT^v . It'- ^ I VE^e-TATlOH a.. 9Z.7.4 NORMAL- WAre^ n \a ?-v ^ PUAH f(^U U)6ATl(PM Ow.5-2j0.es WfcV.T3.05 6P-&(iiORY !2.E>^\P&HG6. 1410 PB-Wtt _ik I To:Planning Commission Members From:Michael P. Gaffron, Assistant Zoning Administrator Date:July 12, 1985 Subject:#876 Randy Asplund, 3444 Eastlake Street - Hardcover/Structure Variance - Second Review List of Exhibits Exhibit A - Survey with Staff Sketch Exhibit B - Hardcover Calculations Exhibit C - Portion of 6/14/85 Planning Commission Memo Exhibit D - Planning Commision Minutes 6/17/85 At your last meeting the Planning Commission made a recommenda tion for the hardcover at 3424 Eastlake Street and tabled 3444 East- lake Street pending hardcover calculations and a better idea from the applicant and the homeowners, Mr. & Mrs. Monge, as to where they might consider planning an attached deck to replace the patio. Exhibits A & B show that hardcover in the 0-75' zone, comprised of the concrete patio and walkways, is 513 s.f. or 7.8%. In the 75-250' zone within the lot boundaries, hardcover is 3869 s.f. or 38.5%, which includes the house, sidewalk, and driveway plus backup pad. Note that the rock beds on this property do not have a plastic liner. If you perceive that credit should be granted all the way to the 250' mark in Outlet B, the 75-250' hardcover excluding the gravel driveway serving 3464 Eastlake is 28.6%. For the record, the City in effect created the hardship on this property by allowing a house to be built which ate up 23% of the available hardcover without driveways or sidewalks. By the same token, the lots are of such high dollar value that it would not be realistic to expect smaller houses to have been built, remembering that it was not feasible to construct basements in this relatively low ground. Perhaps special consideration should be granted in this case, and perhaps also for 3424 Eastlake Street. As far as the patio vs deck issue at 3444 , the patio and walks comprise 513 s.f. of hardcover in the 0-75' zone. The patio at its closest point is 49' from the lakeshore. Mrs. Monge has commented that the patio location is vastly preferable over a location near the house because it would not get any morning sunshine if near the house. Technically, a 16'x20' patio could be constructed anywhere along the west wall of the house, which would encroach only 9' into the 75' setback zone, and would be roughly equivelent to the area of the patio. The sidewalk leading to the lake does not seem to be necessary from a safety standpoint, since the ground is so flat here. I would urge the Planning Commission members to visit this site and talk to Mr. & Mrs. Monge so that their views can be expressed to you. The staff recommendation from my June 14, 1985 memo is still appropriate; you should consider addressing the "floating deck" issue. ;• HARDCOVER CALCULATIONS - 3444 EAST LAKE STREET Total Lot Area = Lot Area 0-75' = Lot Area 75-250' = 16,600 s.f. = 0.38 acre 6,550 s.f. 10,050 s.f. (Area calculation by staff refers only to area inside boundaries of Lot 2 - does not include any portion of Outlot B) 0-75' Hardcover Existing Walks and Patio Walk 3.5 X 49 = Walk 3.0 X 24 = Patio (approx.) 18 x 15 0-75* Total Existing Hardcover = 171 s.f. 72 s.f. 270 s.f. 513 s.f. = 7.8% 75-250' Hardcover (2,512.5 s.f. allowable) House + Garage 35.3 x 32.3 = 34.2 X 16.0 = 23.8 X 26.5 = 1.5 X 11.2 = Driveway 16 x 67 = Backup area 18 x 15 = Sidewalk + Stoop 8 x 20 = 4 x 8 = 75-250' Total Existing Hardcover = 270 s.f. 160 s.f. 32 s.f. 3,869 s.f. Total = 38.5% Also, if credit was to be granted for the 75-250' area of Outlot B, subtracting out the area of gravel driveway serving the house at 3464 but including the paved driveway serving 3444 the hardcover in 75-250' could be as follows: Area of Outlot B Portion = Minus Graveled Driveway = (Add to 75-250' Denominator) 83x59 10x60 4,897 s.f. - 600 s.f. 4,297 s.f. Paved Segment of Outlot B Portion = 12x30/2 = 180 s.f. + 6y.l6/2 = 48 s.f. (Add to 75-250' Numerator) (3,869 + 228)710,050 + 4,297) = 28.6% 228 s.f. I * #876 Randy Asplund Page 3 June 14, 1985 3444 Bastlake Street Applicant has been ordered to remove the concrete patio by the end of July, allowing time to resolve the patio issue. Applicant wishes to install, in the same location as the existing concrete patio, a floating deck. His proposal is to create a movable deck platform which would sit directly on the surf ace with no footings, which wou Id be permeable, and which could, if necessary, be underlain by a sand bed so that all water falling on the deck would be absorbed under the deck. Staff would request your recommendation on these questions: 1. Would this type of deck be considered as a structure? 2.Would the fact that this is to be located in the 0-75' setback be a problem, in that it has the appearance of structure and could be underlain with something impermeable with little trouble? Remember that the recent cases where the council has allowed decks as non-hardcover have been such that: A. The deck is attached to the house; B.The deck is a permanent structure which can't be readily moved; C.The decks approved were within a foot of the surface and enclosed with side panels so that no plastic can be easily placed under them in the future; and D.In only one case has a deck such as this been allowed to encroach on the 0-75' setback and this was for an existing house, not new construction. The Council has stated that they would need to see a hardship to allow a detached deck such as that proposed. Staff would recommend that a flat, low level permanent attached deck be constructed that will minimize the encroachment into the 75' zone and which will meet the non-hardcover deck standards which have been approved in previous applications. Note that no hardcover calculations have been submitted for this property, but a cursory review indicates it is around the 25 percent limit. • « . • • L uil / / MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 1 ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Planning Commission Members Sime, Rovegno, Goetten, Kelley, McDonald, and Taylor. CounciImember L. Adams was present substituting for Councilmember Grabek. City Administrator Bernhardson was also present. Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. '.#876 .RANDY ASPLUND 3424-3444 EASTLAKE STREET VARIANCE REFERRAL PROM COUNCIL Randy Asplund was present. Nancy Monge, owner of 3444 Eastlake Street, was also present. Assistant Zoning Administrator Gaffron explained that the Council referred this application back to the Planning Commission because of the changes in the applicant's proposal. Gaffron stated that Council has directed the applicant to remove the patios . Randy Asplund noted that he is asking for 6 square feet of patio. Asplund stated that he would also like to replace approximately 100 square feet behind the 0-75' setback line so that he can put the patio furniture back with ground level concrete. Chairman Callahan asked when the screen pore\ became essential to the project. Randy Asplund noted that after moving in, he realized that the mosquitoes were so bad that a screened in porch would be necessary and essential. Nancy Monge of 3444 Eastlake Street noted for the record that she purchased her home before this issue of hardcover was raised. Monge felt that the decisions being made now are after-the-fact. Monge asked the Planning Commission to explain the problem and why hardcover is a problem. Chairman Callahan explained the City's and the DNR's philosophy regarding hardcover and the detrimental effect hardcover has on the lake. Randy Asplund noted that he fc'^ls an obligation to the new owners and felt a need to replace ♦■he patio. Asplund stated that he would like to give the Monge' s something in regard to a deck or patio. Asplund explained that the Engineer has gone along with replacing the patios with wood and sand underneath. Asplund stated that Council turned the proposal with wood down and no one can give an explanation as to what is really considered hardcover. B . ‘-l! I " MINUTES OF THE ORONO PIJ^NNING COMMISSION MEETING HELD JUNE 17, 1905. FAGE 2 H876 ASPLUND (Cont.) Assistant Zoning Administrator Gaffron stated that the City Engineer did look at the proposed dock with wood and a sand base. Gaffron noted that with certain construction techniques and no plastic underneath it could be, technically considered non-hardcover. Gaffron explained that the City Engineer's point is that the deck may beginwith a sand base but a future owner could easily put plastic down underneath and it would become impossible for staf f to police such a condition. Sime explained that the City has not identified exactly what is hardcover and that the City has always considered decking as hardcover. Sime explained that the City has just recently begun changing its philosophy regarding hardcover if decks are constructed in a manner so to allow water to penetrate the ground with sand base. Chairman Callahan suggested that the Planning Commission address 3424 Eastlake Street first. Taylor asked if the screened porch is proposed at ground level. Randy Asplund stated that the screened porch is negotiable. Asplund noted that it could be placed on the second floor but would prefer it to be ground level. Kelley asked the status of Outlot B. Assistant Zoning Administrator Gaffron explained that Outlot B is shared by all three homes. Gaffron noted that Outlot B is where the shared driveway is located along with the shared mound septic system. Randy Asplund stated that Outlot B could be a legal problem. Asplund stated that they are paying taxes on Outlot B and not to be able to consider Outlot D as part of their property does not seem fair. Taylor asked if staff charges half the driveway to 3424 Eastlake Street and half the d: iveway to 3444 Eastlake Street since it is a shared driveway. Taylor stated that there appears to be a fair amount of square footage measured back to the 250' line and could extend the 250' line through Outlot B and credit both parcels and redo hardcover calculations. Zoning Administrator Mabusth stated that Outlot B was set aside for various improvements such as the shared septic system and shared driveway access. Mabusth stated that these homes wore granted setback variances to construct new homes or the lots. Mabusth noted that this was a political compromise to get the commercial marina use away from the residential district and that a definite compromise w’as made with this property. ( :• ■ i MINUTES OF TUE ORONO PIJVNNING COMMISSION MEETING HELD JUNE 17, 198S- PAGE 3 #876 ASPLUND (Cont.) Goetten stated that with the development of this property the criteria was already established by the Council for this development. Goetten asked when the criteria was established for this property, was anything put in writing regarding the lakes!.ore development standards. Zoning Administrator Mabusth stated that the standards for lakeshorc development were set out in the resolution along with the special setbacks approved for this site. Mabusth noted that in that resolution it was noted that all lakeshore development standards would apply. Chairman Callahan summarized the proposal for 3424 Eastlake Street. Callahan explained that the applicant is willing to remove the patios up to the 75' setback line. Callahan stated that the applicant wants to put a rectangular piece of concrete between the porch (proposed 10' x 10' ) and the bay window. Callahan stated that new information submitted notes that the applicant has placed plastic underneath landscaping fence line. Callahan stated that staff has noted that a certificate of occupancy has not been issued for the home so it is possible to require the applicant to conform to the overall hardcover requirements. Callahan asked that the Planning Commission address the screened porch and portion of patio. Rovegno asked staff if poking holes in the plastic would make the area non-hardcover. Assistant Zoning Administrator Gaffron stated that Council did accept that in another application. 1 ndy Asplund noted that he has already spent $3,500 in landscaping and t > tear up the rock would cost another $1,000. Chairman Callahan stated that the credit may not be • easible since this property is already overbuilt. Kelley moved, Goetten seconded, to deny the applicant's after-the-fact variance and request the applicant to do the following; 1.Applicant is to remove all hardcover between the 0-75' setback area and the City to hold the line at 25% hardcover between the 75-250' setback area. 2. Applicant to remove all plastic m.aterials underneath any landscaping. 3. Rectcngular piece of concrete to bo removed also. Motion, Ayes (2), Nays (5). Members Kelley and Callahan vote aye because the property is being over utilized in a two acre zone. Motion failed. ;? I MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PACE 4 §876 ASPLUND Sinie made a motion but motion died for lack of second. (Cont.) Rovegno moved, Goetten seconded, to recommend approval of hardcover variances for 3424 Eastlake Street subject to the following; 1. Perforate or replace all the plastic beds 0 2. Any construction on the lakeside either with a screen porch or patio should be traded off and to be equal with proposal with hardcover on the lake side of the house. 3. Driveway turnaround apron is not a necessity and is to be removed to reduce overall hardcover 18' x 16'. Motion, Ayes (5), Nays (2). Members Callahan and Kelley voted nay and both felt that the hardcover should not be permitted. Chairman Callahan stated that 3444 Eastlake Street should be addressed. Callahan noted that Council has ordered the applicant to remove the patio and now the applicant wishes to construct a "floating deck". Planning Commission asked for the hardcover calculations and a sketch showing where the applicant wishes to place the ^ floating deck structure. Kelley moved, Sime seconded, to table the application for 3444 Eastlake Street pending receipt of hardcover calculations from the applicant and staff. Motion, Ayes (7), Nays (0). #915 ROLAND AMUNDSON 3135 CASCO CIRCLE AFTER THE PACT VARIANCE & CONDITIONAL USE PUBLIC HEARING 8:29-8:47 PM Chairman Callahan called for the public hearing at 8:29 p.m. concerning the after the fact variance and conditional use permit application of Roland Amundson. Zoning Adminis trator Mabusth noted the certificate of mailing and the affidavit of publication. Roland Amundson was present. Mary Butler of 3145 Casco. Circle was present from the audience for this application. Zoning Administrator Mabusth stated that the applicant had rearranged 90 percent of the shoreline bank. Mabusth stated that such rearrangement had included the removal of mature trees, and addition or repairs to a non-conforming boathouse structure. Mabusth stated that the applicant claims that the trees were dead at the time of the removal. Mabusth ^ stated that staff has asked that the applicant submit dccumentatit.ir- whether the trees wore dead or alive. r^ •• To; From: Date: Planning Commission Members Jeanne A. Mabusth, Zoning Administrator July 11, 1985 Subject #906 Shirley G, McWilliams, 1120 & 1130 Willow Drive South Subdivision, Class I Zoning District - RR-IB Application - tabled at your April meeting pending resolution of the Crystal Bay sewer Project. List of Exhibits Exhibit A - Staff Sketch of Proposed Utility Easement Exhibit B - Survey of Lot Line Rearrangement Exhibit C - Planning Commission Minutes of 4/15/85 Sewer has been ordered for the Crystal Bay neighborhood including the subject properties. A fifteen foot utility easement has been requested by the City for the sewer line that intersects the properties - see Exhibit A. Three feet of the applicant's homestead property and 12 feet on adjacent lot are involved in the utility easement. The applicants want to be assured that the City will approve a setback variance for a future detached or attached garage on the adjacent lot. There is adequate room for an attached 2 car garage on southeast side of house leaving a 4' to 5' setback - 25' to 26' setback variance required. There is adequate area for an access drive on north side of house for a detached garage in rear of property. Required setbacks for a detached garage are as follows: 5' rear 10' side From the survey, a detached garage could be placed in rear yard with out the need for variances but if for any reason a setback variance is needed, the City will approve a 5' side setback variance. The City will ask that the right-of-way of Willow Drive as shown on the enclosed survey by Bruce Kelley be quit claim deeded to the City for road and utility purposes. Staff Recommendation To approve the subdivision of a lot line rearrangement for Shirley McWilliams based on the following findings: 1. Sewer has been approved for the property. 2. The building envelopes have not been negated. 3. There is nc other vacant, contiguous lands available. I _ _ <,h . I Lk Zoning File #906 July 11, 1985 Page 2 Approval subject to the following conditions: 1. Prior to final subdivision approval by Council, applicant must provide a permanent utility easement via both properties 12' wide within 1120 Willow Drive and 3' wide within 1130 Willow Drive. 2. City will grant permanant setback variances for a detached or attached garage for 1120 Willow Drive as follows: a) Detached garage permanent 5 foot variance from northwest side lot line. b) Attached garage permanent 25 foot variance from southeast side lot line. 3. New curb cut to serve 1120 Willow Drive must be approved by the Public Works Coordinator. 4. New owner of 1120 Willow Drive must install new independant well on site - the use of the well at 1130 Willow Drive must cease upon occupancy of residence at 1120 Willow Drive. 5. Applicant to Quit Claim Deed right-of-way for Willow Drive as shown on survey by Bruce Kelley dated 6/21/85. .:it in 3r.id ccnterJinc v.'hicn Dears Doutn i (ioj'rees West l rorn n point in the east lin i, 66 feet south of tlie northoasl coj*nc*r thereof; Uience southoosterly nlong snid cen ;et; thence at rip,lit anp,les nnrth(;.'ister*l y ?16.69 feet; thence northwesterly pni‘nl>el irline of said Highway 66.67 feet, more or less, to an intersection v;ith a line drawn and 330.74 feet west frotn the cast line of snid L-ot 6; thence West 34.11 feet; tjienc -rly to point of beginning. part of Government lot 6, Gcction 10, Township 117t Hungo 23, described ns follows: ! point in the centerline of County Highway Ho. 87 (now Willow Drive) 136 feet southea: point in snid centerline which bears Gouth 41 degrees V<est from a point in the east Lot 6, 66 feet south of the northeast corner thereof; thence at right angles northea S9 feet; thence southeasterly parallel with the centerline of snid Highway 134 feet; ight angles southwesterly 216.69 feet to said centerline; thence northwesterly to beg »5 SE OF Pt.OW JJKO . WoF Pt S of N e 60V, Lot6, Stc. |0 ll7*a3 B ituhinous IFICATE: I CouwTY Hiohwav Mo.67 | treby certify that this pint was prepared by me or under my direct supervision and thi I a duly registered Professional linginocr and Land Gurveyor under the Laws of the Stal ^nneso ta Juno 21, 1905 La__B- Ka I 1 OV Ml rir>r» «<-* f o mLj IT ..r *-> 4 T t iin d cen l>el drown thenci ows: i uthea: east : rthea eet; o beg ? j • I id thi I a Stal - MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 19B5 PAGE 1 ATTENDANCE 7:30 PM The Orono Planning Commission mot on the above date with the following members present: Chairman Callahan, Rovegno, . Sime, Kelley, McDonald and Taylor. Planning Commission member Goetten was not present. Counci 1 Representative Tim Adams was present. Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. V ^ \ ( #906 S.G. MCWILLIAMS ^XL2D.-soutu willow drive SUBDIVISION OF LOT LINE RE.ARRANGEMENT PUBLIC HEARING 7:30 - 8:00 PM Mr. Shirley McWilliams was present. Chairman Callahan announced that now was the time and place for the public hearing to be held concerning a subdivision of a lot line rearrangement. There was no one present in the audience for this application. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth explained McWilliams' proposal to rearrange the shared lot line between his deceased mother’s property (1120 Willow Drive) and his homestead lot (1130 Willow Drive). Mabusth noted that he proposes a straight line division rather than a jogged line around the detached structure of 24' x 30'. Mabusth stated that the proposed Crystal Bay sewei project will be decided on after April 22, 1985. Mabusth noted that it is staff's understanding that the two lots will use a shared driveway. Shirley McWilliams stated that he is not proposing a shared driveway and felt that 1120 should be allowed its own access to a public streev. McWilliams stated that an old driveway existed since 1937. Zoning Administrator Mabusth stated that tne division as proposed would place severe limitations on 1130 Willow Drive if the Crystal Bay sewer project is not ordered. Mabusth stated that 1120 Willow Drive and 1130 Willow Drive also share a well and that the City would require a separate well drilled for 1120 Willow Drive before the oroperty is sold. Mabusth stated that according to the as-builts, a sewer line appears to be located right on the lot line. Taylor noted that the proposal doesn't leave much room for future septic expansion, a new driveway location, or a new well. Taylor suggested jogging t)»e lot lines to accomn'.odate for these additions. Kelley felt tliat the proposal should bo with a shared driveway anci t)iat. the lot lines should bo jogged. 1 ■ i1 i W" MINUTES OF THE OUONO PIJVNNING COMMISSION MEETING IIEI.O APRIL 15, 1985 PAGE 2 #906 S.G. MCWILLIAMS Chairman Callahan noted that if the drainfield or septic system failed that there would be no room for expansion. Callahan.closed the public hearing at 8:00 p.m. Rovegno moved, Kelley seconded, to table the subdivision of Shirley McWilliams until the May 20, 1985, Planning Commission meeting until the Crystal Bay sewer project status has been resolved and for the proposed driveway to be shown on the plan. Motion, Ayes (6), Nays (0). 1895 T.M. CROSBY 1240-1260 BRACKETTS POINT ROAD SUBDIVISION OF LOT LINE REARRANGEMENT SECOND REVI.EW T.M. Crosby was not present. John & Katharine Pillsbury of 312 Woodhill Road were present. Chairman Callahan noted that this was tabled at the last Planning Commission meeting to make sure that all the parties involved knew exactly what was going on and where the actual lot lines would be. ■* » •aI John Pillsbury Jr. stated that T.M. Crosby is his brother-in- law and that they have discussed in great detail the outcome of this proposal. Pillsbury stated that he has no problems witl: the proposal. Rovegno moved, Kelley seconded, ro recommend approval of the Sv;paration of PID 11-117-23 32 00C4 from the two contiguous rural parcels owned by Eleanor Lawler Pillsbury, the division or reairangement of PID 11-117-23 32 0005 and a permanent area variance for undeveloped Pillsbury property based on one or more of the following findings: 1. The division will not increase the overall density. 2. The applicant's current property contains .92 acres of area — the 75' setback area and the house and improvements limit future septic expansion on the existing property. 3. There is suitable and adequate area for principal and alternate septic systems on the undeveloped building site. ' < d 4. There is adequate area for a house to be located v/ithin the building envelope of the undeveloped property. 5. A permanent residence had existed on PID 11-117-23 32 0005 up to 1979. 6. There is no additional undeveloped, contiguous land available. i jl I Planning Commission Members y i I: ‘ t Michael P. Gaffron, Assistant Zoning Administrator July 12, 1985 « #929 Lyle Rahn, 1146 Wildhurst Trail ~ Conditional Use Permit - Second Review List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Planning Commission Minutes 6/17/85 Staff Memo 6/13/85 Rahn Exhibits Submitted at 6/17/85 Planning Commission Meeting Copy of Survey Dated 7/23/75 1974-75 Variance Documents Van Nest Letter 7/12/85 Staff has investigated further into the Rahn matter in ordei to discover whether there ever was an intent by the Planning Commission or Council to allow the structure in question to remain. Our file search unearthed no "working minutes" as Mr. Rahn alluded to, and the fact remains that the official minutes and files, including staff memos, applications submitted by applicant, the 1975 survey, etc. all clearly discuss removal of the existing cabin. Mayor Butler was on the City Council at the time (and in fact seconded the 7/28/75 motion for approval based on removal of the structure) and has stated that the official minutes on file are generally very accurate. A letter to the Council and Planning Commission dated 7/12/85 from Brad Van Nest, who was chairman of the Planning Commission during that time, states that he recalls no stipulations, conditions, or approvals other tnan what is shown in the official minutes and that removal of the structure would be consistent with the City's policy at that time. (For the record, official minutes show that Van Nest was absent fron> the 4/15/74 Planning Commission meeting this application was re viewed ). Staff has contacted former Building Inspector, Mike Scheller who stated he would have to visit the site in order to recall this project. A;,.though he has made tentative arrangements to meet with Jeanne Mabusth, the meeting has not occurred as cf yet. Based on all the information contained in the official City files and submitted by the applicant and other parties, staff would suggest that the following are '^alid conclusions; 1. Official City records indicate clearly that the structure in question was to be removed upon completion of the new home. No where do the records indicate that any portion of the structure was allowed to remain. No official record exists of any actual detailed discussion which may liave taken place at Planning Commision or Council meetings at that time. r«TtTi rOlTi [tr«rs^[•Ki •Jtli l•Ts:rs] r«K»i [•Kirs BMjI Kill $100.00 a) $150.00 b) $150.CO c) $250.00 d) $200.00 f) t'RD/PID - s PRESENT USE OF PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ _ Present Use of Property j..'tl,-, J Residentia1 Other (specify) DESCRIPTION OF REQUEST Describe request in Retail: vT J I ^ i fV/ /? > Z/«» !7 .'LlfiU jir./. REQUIRED SUBMITTALS 1. Completed Application Form. 2. 3. Certified Property Owners List of owners within 3S0' (yot can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 'T Stamped, legal sized envelopes (SIC) pre-addressed to each of the names on the above list with no return address. jX 4. 5. 6. i of survey. XB >n plans, if applicable. (Z.7XiL^/yyrx^^ 7^ The Applicant and Property Owner must sign this application. Please rem.ember 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 Zoning 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 )<nowledge. Applicant’s signature . H j^^Dato Zy-yS OWNERS SIGNATURE The owner hereby ac)cnowlcdgos 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 signaturccJ^^ 7 Date ^'(Py'Sz> Applicant must Ijave all submittals into the City offices 25 days before the Planning Commission Meeting. Planni ng Commi ssion Mc'ct i ngs are he 1 d on t lie third Monday of each month. 'A, ^OPc KJ '^'l ^i- 'TV€i^ ■5” •^'^'^('X. y!^,2A. yt'ir-d^/^ ^•ti'~^ . Z^Ctvt^ • 7-1 J.nxJ^-^'L ' G<CtJt-t<f U<-AAI --------.......................................................................................... ^ yiAj~L^'^ yCJi’dA^'^l tb{ .to yCAi (X^x^ ^✓^'/'t/a-< < <^<'‘' (m ^fA'U'i Cdre^it<^^ »Jj/t-c^) tf-7.^ ;tvt ^Ov'/ a:;? ■U'^ h/ h^t =1. .' 1 •»4 •«r %'• ^ m $ , ■t =•;'!• ^y ■'tK', ■m 4 ^ . I « •• ^V • • K'- V. - ■ ■/^- vV- Li t •• d::^^cc /^/-av3 ^ «* # i- *^ V - ' *n/ K^ »-• # %J' , . .. t •t '1 • • • f • *• ■ *• • • • • - .4 •» •-• • • ■>.« *V r-J r iv/1 -------lO----------- MINUTES OF THE ORONO PIJVNNING COMMISSION MEETING HET.D JUNE 17, 1985. PACE 12 J^928 PULA (Cont.) Goetten noted that she personally could not approve the application regardless of the septic information received because the existing lot is less than one acre and is located in a two acre zoning district. Kelley stated that he might vote for approval after the additional septic information is received. Taylor concurred with Kelley stating that if the septic information received was positive that he would be able to vote approval for the application. McDonald noted that approval would set a precedent for future applications and that she was undecided at the moment as to which way to vote. Sime also felt if the septic informatim received was positive he would be able to vote for the application. Rovegno stated that the City should consider some new standards for guest houses since guest apartments are becoming more prominent. Chairman Callahan stated that he would feel hesitant in approving a second dwelling on this lot since it is under an acre. Chairman Callahan closed the public hearing at 9:59 p.m. Chairman Callahan moved, Sime seconded, to table the Pula conditional use permit application pending receipt of thv additional septic information requested by staff. Motion, Ayes (7), Nays (0). <: #929, LYLE RAHN '1146 WILDHURST TRAIL CONDITIONAL USE PERMIT PUBLIC HEARING 10:01-10:17 PM Chairman Callahan called for the public hearing at 10:01 concerning Lyle Rahn's conditional use permit application for an existing guest house. Assistant Zoning Adminis trator Gaffron noted the certificate of mailing and the • affidavit of publication. Lyle Rahn was present. Harriet Morgart of 1103 Wildhurst Trail was present for this public hearing but had no comments. Assistant Zoning Administrator Gaffron stated that the applicant has been asked to file a conditional use permit for a guest house located in his lake shore yard . Gaffron stated that the structure existed on the property since prior to 1974. Gaffron stated that the applicant submitted a variance application to build a now home on his lot in 1974 which was subsequently approved. Gaffron noted that as a condition of the variance approval, applicant was asked to • m i r ETTf I MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 13 «929 RAHN (Cont.) %'■ * remove the existing guest house. Gaffron noted that the applicant never complied with the condition of the variance of approval. Gaffron stated that the original building inspector retired and followup probably never hat-fsned. Gaffron stated that the applicant made repairs to the illegal structure after receiving a building permit for the repairs. Lyle Rahn submitted three letters to the Planning Commission (1 from previous Planning Commission member Welsh; 1 from Thomas Shillock of Shillock Construction Company; and 1 from Lyle Rahn--all letters are attached to these minutes). Lyle Rahn addressed staff's memo and comments. Rahn noted that he purchased the property in 1972 but because the property was in estate they never closed on the property until 1974. Rahn confirmed that the Council did grant a variance but apparently the records do not show the conditions that were also approved in terms of having the cabin removed. Rahn confirmed that he did receive variance approval and the variance expired before the building permit was issued. Rahn stated that he reapplied and was granted another variance. Rahn stated that he did obtain a building permit for the home and a final inspection was made by Mike Scheller as testified in the letter of Shillock Construction Company. Rahn stated that a bank would not approve a loan for a new home without a final inspection. Lyle Rahn stated that he did do remodeling on the guest house structure but that he didn' t know he needed a permit to change carpet and change bathroom appliances on the structure. Rahn stated that he has since learned from staff that he cannot do a single thing on his home (except paint) without a permit. Rahn stated regarding staff's comment that the guest house required a conditional use permit, that Tom Jacobs caught him in a soft moment and went along with applying for the conditional use permit. Rahn stated that staff ' s comment classifying the guest house structure exist.3 as an illegal structure is false and incorrect as testified in Welsh's letter. Rahn stated that those of you who know Welsh know that Welsh would not lot an illegal structure remain on his neighbors property. Rahn noted that he was instructed to remove the top part of the structure and noted that he conformed to that condition to reduce the structure to ground level. Lyle Rahn stated that he formally withdraws his application as setforth in his letter to the City submitted tonight. Rahn stated that apparently the minutes back then are just the published minutes and not the "working" minutes. Chairman Callahan closed the public hearing at 10;17 p.m. Callahan asked if the applicant has used the structure as a gutjst house. ■I •: ' MINUTES OF THE ORONO PIJ^NNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 14 ^929 RAHN (Cont.) pv Lylo Rahn stated yes he has used the structure as a guest house for 10 years. Rovegr;o moved, Sime seconded, to table the Lyle Rahn app:^ ■. •ration until staff can research the history of this matter and get legal counsel regarding this matter . Motion, Ayes i7), Nays (0). #930 JIM SHAVER 1080 FERNDALE ROAD WEST VARIANCES PUBLIC HEARING 10:20 - 10:27 PM Chairman Callahan called for the public hearing at 10:20 p.m. concerning Shaver's variance application. Zoning Adminis trator Mabusth noted the certificate of mailing and the affidavit of publication. Jim Shaver was present. Jim Thomson was present representing Alan McDowell at 905 ^®r^d3le Road West and R.C. Bagley of 1105 Ferndale Road West. There was no one else present from the audience for this public hearing. Zoning Administrator Mabusth explained that the applicant seeics a rear setback variance to construct a new home. «*iabusth noted that se*cer is available to the property. Mabusth noted that this is a very limited building envelope. Jim Shaver n^ted that he discussed his proposal with the most affected property owner (Lowry) and the owner had nothing negative to say about proposal and does not object to proposal. Assistant Zoning Administrator Gaffroi. confirmed that Mr. Lowry visited the office and affirmed his approval of the application. Jim Thomson was present to note the McDowell's and Bagley's objection to this variance proposal. Thomson noted that the applicant purchase the property in July, 1981 and a letter was written to the applicant in May, 1981, confirming that a home could be built without a variance. Thomson noted that the applicant has not demonstrated any type of hardship for the granting of the variance. Thomson noted that this house obviously is more marketable but this is not a valid hardship. Thomsojj noted that the applicant was made aware of the limitations of the lot when he purchased the lot. Jim Shaver stated that this is a very modest house plan (in consideration of surrounding neighborhood). Shaver noted the total square feet of the proposed home is 3,600. Chairman Callahan stated that the letter the applicant received was in error. Callahan noted for the record that the property owner objecting to the proposal lives across the road and this is a rear setback variance. Callahan noted ' ' I that the owner objecting is not the most affected property ' ’ owner. Callahan closed the public hearing at 10:27 p.m. TO: FROM: DATP: SUBJECT: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator June 13, 1985 #929 Lyle Rahn, 1146 Wildhurst Trail - Conditional Use Permit Zoning District - LR-lB Request - Conditional U.'-e Permit for an existing guest house List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Construction Plan and Request List of Property Owners Plat Map Survey 1974 Variance Application Documents The applicant is requesting a formal conditional use permit for a guest house located in his lakeshore yard. This structure has existed on the property since prior to 1974 when the applicant purchased the property. This structure was the only structure on the property when the applicant bought the property. On April 1, 1974, Mr. Rahn submitted an application to the City for a variance to build a new home on the 0.838 acre lot in a 1.0 acre zone. This variance was subsequently approved by Council on April 22, 1974 , conditioned on the existing cabin being removed. Mr. Rahn did not obtain a permit for his new home within the one year time limit, and his variance expired. He then in July, 1975, reapplied and was again granted a variance on July 28, 1975 under the condition that the old structure be removed within 30 days after occupancy of the new structure. Mr. Rahn subsequently obtained a building permit on August 4, 1975, upon which appears the notation "approved by V.C. 7-28-75 conditioned on removal of existing hcuse". The building inspector at that time was Mike Scheller. The house would have been nearing completion about the time Mr. Scheller retired on January 16, 1976 hence it is likely that no followup ever occurred to verify that Mr. Rahn had indeed fulfilled the conditions of that approval. In the spring of 1985, Tom Jacobs became aware that Mr Rahn had already completed some remodeling on the structure, and convinced Rahn that a permit was requird, Jacobs being unaware that the structure was illegally existing. Rahn obtained a permit for $25.50 based on an $1,800 estimated corJtruction value (no plan review was required). I #929 Lyle Rahn Page 2 June 13, 1985 noted. permit that was issued on August 4, 1975. staff recommends that the conditional use permit be denied based^on the Structure because portions of it are less rndw 1 PATE:June 17, H^5 TO:O^uno Pfanniiit) CommeSA^un FROM:t(/£c SUBJECT:Public Heoeilhg - J«»ic ^7, aucd OH the '^7%;;XdiHa td “f iegHt''r:::u. ^ B,,ed OH the apparent toc(. H o„ tl,e Oi the Mdm „f ::; too.oo .<ui tu.ee.the City oi O aoho , 1 liave ^ncitiAcd coiX.6 ft (iaiji oi my aaouHiU vacatio^^ tone. aued OH tl.c abooc. sacti. I tl.c <o«o.aHg octuo, Uc« «.«.o™ the Phutting CemmeJixon: , TIuU ti.c zo,«..g ad„.c,vat^0H be ddACCted tc- .etarn mj (100.00 ^ee ^c'.^ the timUed uic. peeinut. 2. Vett eopce. o« docu.eHt. T f;,^e ,VM<< 04 .leeeieed. dated, and ’^f‘^''f,^^J,\uoiccd to .cact to uoo^ig do./J (the -iomc amount oj Ujne ! ■'«> oteo x- .the it^ii 'lecormendalion). Tbot the 4toSi o< the ZOHCHS be dtACCted b» the commUieOH to ecosc oud dctcie 8 juAtheo aetton on tliLi mottco. Lo'ttg, I •otih to 4 tote in wiX^ng "1'^ oecomSotton iud i’suot ottetude oi the ^“‘‘-■'9 ^r^^thlt I toe been a4eng to .«.U thot I de.4toog o port,oh even the IRS, sidW/rt 10 t/cttu . LER: yt C.C Oa .oho CvunclC Wci^bcAi ij'iu^cuLet’OHdcA, ZtmpiCA, Zototcy, and VandcA UndeH 3. T. P, Shlllock Construction Company June 15, 1985 To whom It may concern:' This is to verify that the following points are correct: 1. T. P, Shlllock did construct a home for Mr. and Mrs. Lyle Rahn at 11^6 Wlldhurst Trail, Orono, Minnesota, during the summer of 1975. 2. A variance was approved by the City Council before a building permit was Issued for this project. 3. Before final inspection, the small cabin which existed would be torn down. Mr. Rahn did tfar thp,_ rah^ry in 197^- The building 'inspector did sign off the final approval in late October, 1975. The Rahns moved Into the home on October 3I# 1975. 5. The bank where the Rahns secured their loan required a copy of the final approval before they would accept the mortgage on the above listed property. Respectfully submitted. Thomas Shlllock, president Shlllock Construction Company June 15, 1985 To Orono Planning CommlBalon: This letter Is written at the request of Mr. Rahn to confirm my recollection of the following points: 1. that I was a member of the Orono City Council in 197^-75. 2. that I reside at 121^* Wlldhurst Trail, Orono, Minnesota, and that I am a neighbor of the Rahns and very familiar with his property. 3. that I was the maker of the motion to approve the variances requested by the Rahns and was very familiar with the terms and conditions of their request (see attachment). U. that one of the conditions was that the Rahns remove the first floor of the small house so as to essentially reduce the structure to ground level as viewed by the ajolnlng neighbors, 5. that it was also verbally understood that the Rahns would now and forever paint the structure in earthtone colors so as to blend into the_b^k. They would landscape and shrub so as to b6(" as unobtrusive as possible. Therefore, the motion did not describe the complete terms and conditions as it was understood the first level would be allowed to permanently remain. The motion as shown in the minutes of that meeting^trvlously is Incomplete. that the Rahns would use the structure for family uses only and would not rent out the remaining walkout level structure, 7. that as a neighbor of the Rahns, I hereby testify that they have met the written and verbal terms and conditions as set forth by the council in 1975. Therefore, a conditional use permit application is not needed because the council understood that only the top of the cabin had to come down and the lower level would remain. 8, It appears to me that Incomplete record keeping on Orono's part is causing needless harrassment and expense to Mr. Rahn. GW/cb Att cc: Orono Council Members Gai*y Welsh 121U Wlldhurst Trail Orono, MN 5538^^ P.S. If you have any questions, I will be available for a phone call Monday evening at 472-4U3S, ■-Wfc I <M»>> J*:-*^-* ' '■ - <• 7**» U/t‘ '. : rv »’ UvV^^?^ - I'- f y _x ^ 'ill''' Village of Orono Zoning Variance Application For Official Use Only Name Case No. Directions to Applicant: a. Fill out this form in duplicate by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item number. b. Attach all supplementary material by paper clip, c. File duplicate applications and filing fee (3 ) with Zoning Administrator. (First)rwi ddle) jZ3.h6 Cedarwood hidge, Mtka,, Minn. 533^3 _ _ _ _ _ _ _ _3161 2,Address of Owner: (No. arid street) (City and Zone) (Phone) (approx.) nag Wildhurst Trail, Orono, Minn. 3» Street Address of Property Involved: ^ 96, Tonimvlow Ga^defta, ou-bjeet to deed- Legal Description of Property Involved: 0t6;'0 Lot 2o, Tonkaview Gardens, subject to restrictions of record in deed Doc. No. Q?d70 Does this property border on or lie partially’'within an adjoining municipality? no D. Present Use:7. Proposed Use:b. Date Property Building lot with Year around home site Acquired: 20' X 20' cabin on or before May 20, 1 Q7U Orono Variance is requested from the following sections of the Zoning Ordinance: , li'-.' r.- •f y\" * 1 '' . * V'".''' ^iu<% • h %« J , , . 4 . ^ •' '* t h: l':> • « »• 4 • j i V • t • I •> ,' ♦ *t 9> i 11 . ■• V ; >. i,r.^ •'* IVhat are the requirer.ients of the ordinance sections listed in Item 10? Building site should be one acre 12.State exactly what is intended to be done on or with the property which does not conform with existing regulations: To build a year around home on approx. 35,525 so. ft. (.838 acre) vs: the required ^3,550 sq. ft. (one acre) 13.Has an application for zoning variance on the sf^e property been acted upon by the Village Council within the last six months? If sc. ^ ‘ ‘ * ‘ ~state the date of the Village Council's action. no ^^OTE: The law requires that the conditions set fo»fh'*in the ^ M AA A -ft ..following three items 11;, 15, and 16 MUST be established befox-e a variance can be granted. Explain in detail after each statement wherein your case conforms to the requirements. 11;. Difficulties cf Hardship to Ovmer. Strict application nf the provisions of the Zoning Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of the lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the appli- ■t.cant and to alleviate demonstrable hardship or difficulty and will not merely serve as a convenience to the applicant. Explain in detail. v;e would not bv? permitted to build a home on tils property because of the one acre restriction. Exceptional Conditions of the LotT There arc special condi- tions (narrowness, shallowness or shape of a lot, exceptional topographic or water conditions or other extraordinary and exceptional conditions oi* such lot) applying to the structures or land in question that are peculiar to the property involved or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. Explain in detail. 1 6. Only problem is lot is less than an acre. It conforms favorably to adjacent property. Effect on Neighborhood and Comprehensive Plan; Granting the variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion . in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surrounding area, or ii. any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and any applicable comprehensive plan. Explain in detail. Our plan should add to the value of adjacent property - (vacant lot on the North side) - our plan would be similar to the home on the South side of this lot. It would be an asset and add to the value of adjoining areas. wmm 1 iivK*« '»I rti jiiu/ MOTE: The following material must bo attached to this application. I 17. A map or plat showing the property affected and all lands within 150 feet of the boundaries of the property affected by proposed change, ( copies) 18.An abstractors certified property certificate listing the names and addresses of tho owners of the land within 150 feet of the boundaries of the affected property as those names appear on the records of tho County Auditor of Hennepin County. 19 1 Acknowledgement und Signature: The undersigned hereby repre sents upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will bo done in accordance with the ordinances of the Village of Orono and the laws of the State of Minnesota. Date For Official Comments Only: J U' l * • 4 'cJ * i •<• I. • > r • ^ o' C<^ b« b> Fs TO: FROM: DATE: SUBJECT: Planning Commission MiORSFitMED Dexter Marston, Zoning Administrator April 3, 1974 VARIAfCE - Lot 26 - Tonkoview Gardens Present Zoning: R-IC I Acre Proposed Zoning: LR-IB I Acre PETITIONER: Lyle Rahn LOCATION:I 146 WiIdhurst Trail STAFF REVIEW: Lot 26, Tonkaview Gardens, is 31,600 sq. ft. and varies in width from approximately 65' to 90' wide. The lot width at the building site would be approximately 70' wide. At the present time, there is a 20' x 20' cabin on the lot. Mr. Rahn proposed to remove this structure and construct a year-round home. To the south is Tract A of Registered Land Survey No. I I 16 which has a hone loca ted on it. To the north is Lots 24 and 25, Tonkaview Gardens which was approved as a building site last fall with a variance. STAFF RECOf-MENDATION: Because this lot existed before the existing and proposed zoning ordinance, and due to the fact that there is a home to the south and an approved building site to the north, a variance appears justified. A stipulation should be attached to this variance approval that no side yard setback variances will be Q'-anted. DM/ i g CITY OF ORONO Regular Meeting of the City Council, April 8, 1974 The City Council met on the above date with the following members present: Mayor Searles, Councilmen Butler, Massengale, Paurus, and Welsh. Butler moved, Welsh seconded, that the Minutes of the Regular Meeting of March 25, 1974, be approved. Motion, Ayes (5) - Nays (0) . Mayor Searles opened the Public Hearing concerning the water project in the Hackberry Hill area at 7:40 P.M. The City Administrator presented the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Mailing to affected property owners. After all members present were afforded an opportunity to be heard, the hearing was closed at 8:40 P.M. Paurus moved, Butler seconded, that the variance for John Anderson, 4191 North Shore Drive, be referred to the Planning Commission. Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the variance for Frederick Riebel, 440 Stubbs Bay Road, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the variance for Larry Berkland, 3550 Ivy Place, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the variance for John Zimmer & Melvin Dale, County Road 56 and Watertown Road, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the variance for Lyle Rahn, 1182 Wildhurst Trail, be referred to the Planning Commission. Motion, Ayes (5) -• Nays (0) . 1 7 :.3 0 , P. M.j. r u fj r j'“ 1 MINUTES PUBLIC HEARING Hackberry Hill Water VARIANCE 4191 North Shore Drive VARIAI4CE 440 Stubbs Bay Road VARIANCE 3550 Ivy Place VARIANCE County Road #6 and Watertown Road VARIANCE 1182 VJildhurst Trail ■ /:ti /vLv-' r^c,-, ^ <L <-e<.^ <^'‘^ V' y y 11 f 1 ^ ^ lots Th‘> Zoning Administrator explained to ther's;-’";; rr,r:::.r,;ur;”:r;-:r;:... r..„i...i-, pon.it «oul.J-bo issued. OI Draft a "•-” ,o"tb.;"«n.n. r,rdinance th.,t «,uld sin ’ctfically apply to this particular proble..T. IHIS llBvi iSb uttii ^ * ink .< .s .4. create the need for sewer In the tutore. /* K Kullbero seconded that the Planninj Cofiimisslon Gasch i.ioved, Kulioerg se fhA m»v 20 1974. Planning table the variance request untrl the flav icU, Ltr^+nr jLnission meotin.j at which ti« the conini Ad.mn.strator will sub-rrit n rcoo:-'f^endat ion. TH it inner has requested a variance for a lot v.-hich is l^eoo X Ti. and approx..,,atclv 70' v:ldo in n ^one to -rth is Lot 24 7. 2-a TonKouiow Cardens fchich V/3S .'ranted a variance last f«’'l* Kallcstad ;<.vnd. Jnsch socondd tlwt a variance he approved ttneo it is i.'oisslble to pick up additional property on eHhnr niJo .and tho variance Is con.lltioned upon f"® '’”';"'" ^1 o* tie existin, structure and tho petitioner should un- uUta’d that no iiOo yard variances will bo approved. Ayos (/) iloys (0)* Uuliurj ..lovcJ, Kallostad seconded tlut a vorianc^ or few kuldrcd VP. tt. bo approved for tol 25 of Lydnard lark. .Ayes 17) <1 ; /s ^0). r r,, „ rr-,fn,iea tbv don.4, Adoini Ufat.- -md roQUOp- 7ci .ra‘ni; '.■.01 leal ion be 1 ;bl..,d until Ir.- has ,.n opp<.rtun,.v j,y j; to r. ii ■'a >t the l. • r ,'ch .jnn h-js purcM.isuJ Lots 1 -md ‘3, i-l'je.. i, \ .arc. U.O lot is H'f oi.le and approx, vatoly Ic.ond <t Thu ...inir.u.. lot si/0 In . -ire.t 's I .ic. e «i u.i ,i. tn of 140’. 7t.c Zonin.: ...Jninist...l.ar rn|.crf...l that ,n.s ar'-.a -as pl-atfod lubdlvl sirn“..n:^ KilGROniMEO Lyle .^ahn Variance Arthur Ahlr. Variance \Mc'i F rede rid jl I Variance ;otlaPos) '* * % •V. 1 I anJo OHM Vor i ancti ;. « :«: •* -.* V. THIS DSK Kits been MICHOFIIMED Tr>: Oid; Benson Vmh I’anl; Hiliidi July 22, 1975 Lyle Rdin - 1146 Vjltiliurst Trail Variance - Lot area nnJ width ■¥. B^lm is rcciuestinr, a variance fron the required lot area and width of his oroperty located in a LB-IL, 1 acre zone - lot area of 7 055 from t!ic required 43,560 so. ft. to the cHstim: 56.525 sq. ft. and lot width fron tlie reouired 140 feet to" tlVe"cxTstine BO_____ft. Mr. RaJin obtained Council annroval of a variance on this lot in April, 1974. He was unaware of the fact that our ordinance provides for a one year lirait on tlicse variances. He has scheduled con struction of a nev; lione on tliis parcel, but now loams anotiier var iance is required. Tlic sane situation exists as wiien the previous variance was pranted. No otiier adjacent land is available. *!r. Ralin also agrees to renove the old structure within 30 days after accupancy of the nerv structure. MlilUTES OF A REGULAR MEETING HELD APRIL 22, 1974 Councilman Butler departed the Council Chambers at 10;55 P.Il. and returned at 10:60 P.M. Welsh moved, Searles seconded, to approve the variance of David Slavik and Donald Schultz, 1921 Eagerness Point Road, Plat 42220, Parcel 3700. Motion, Ayes (3) - Nays (0). Page 7 IHii bckK MiCROFILMED VARIANCE 1921 Fagerness Point Road Paurus moved, Searles seconded, to approve the variance of John Anderson, 4191 North Shore Drive, Lots 53 & 54, Highwood Lake Minnetonka. Motion, Ayes (3) - Nays (0). VARIANCE 4191 North Shore Drive Welsh moved, Butler seconded, to approve the variance for Larry Berkland, 3550 Ivy Place, Plat 43480, Parcel 500. Motion, Ayes (4) - Nays (0). Welsh moved, Butler seconded, to approve the variance of Lyle Rahn, 1146 Wildhurst Trail, Lot 26, Tonkaview Gardens, with the access being off of Wildhurst Trail and that the setback on the property will be similar to others with no side yard setbacks being granted. It is also understood that with this approval goes the understanding that the small house that is standing on the property now will come down. Motion, Ayes (4) - Nays (0). VARIAI^CE 3550 Ivy Place VARIANCE 1146 VJildhurst Trail Butler moved, Welsh seconded, to approve the variance to Arthur Ahlm, 3550 North Shore Drive, Plat 42500, Parcel 6600, Lydiard Park, and that a building permit also be granted to this property and the granting of this building permit is a variance to the moratorium and that the hardship in this particular case was considered to be a home already existing on either side of the property and just a few 100' were involved. Motion, Ayes (4) - Nays (0) . VARIANCE 3550 North Shore Drive Butler moved, Searles seconded, to approve the variance for Wanda Rehmann, 4105 Oak Street, Plat 42620, Parcels 3300-3350, Minnetonka Summit Park. It was realized that there was no more land available. It was bounded on three sides by streets and that the septic sewer system is to be approved by the Council when occupancy occurs prior to the sanitary sewer line going in. A variance to the moratorium is hereby granted in this particular case. Motion, Ayes (3) - Nays (1). Councilman Welsh Nay. VARIANCE 4105 Oak Street ^os this property border on adjoining municipality? No ■ or lie partially v;ithin an ■ t . 6. Present Use; Residential 4 7. Proposed Use: Residential U, Date Property Acquired: ' • V;'. June 3» 197^ 9. Present Zoning District: LR IB 1 Acre « 10. Variance is requested from the following sections of the Zoning Ordinance: • . I ; j . X- - V. f » . ' l:rif-VU> iri-'’’-0 11. lAiat aro the roquiremonta of the ordinance ‘sections listed in Item 10? ■ 1 Acre (43,560 sq. ft.) and 140 ft. Lot width Actual = approximately .84 acres(36,S25 sq. ft.) _ _ _ State exactly what in intended to be done on or with the property v/hich does not conl’oriTi with existing regulations; 9 9 Build single family residence on sub-standard lot - no other land available. H • • » •* : .V r > • a.. 13. Has an application for zoning variance on the same property been acted upon by the Village Council within the last six months? If so, state the date of the Village Council's action. No. However a variance was approved in April, 1974. NOTE: The law T*oquiroa that the conditions set forth in the following tliroc items llj., and 16 i-IUfT bo established boforo a variance can bo granted. Ixplain in detail after each statement wherein your case co.nforms to the requirements. TTpl Difficulties of Hardship to Ovmer^ ^rict application of the provisions of tho Zoning Ordinance would result in peculiar and practical difficulties or e'Xcoptional or undue hard.ship upon the owner of the lot in developing or using such lot in a manner customary and legally permissible ' within the zoning district in which said lot is located. Granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the appli- clciant and to alleviate demonstrable hardship or difficulty and will not merely serve ns a convenience to the applicant. Explain in detail. * ►S i : *■ . * I V No adjoining property available for sale V.’ "1 rm‘.' ti;K‘ (■pr^i • fc'P T$. Exceptional Conditions of tho Lot: There- are "special condi-— tions (narrovmoas, nhailov/nnaa or shape of a lot, exceptional topographic or water conditions or other extraordinary and exceptional conditions oi such lot) applying to the structures or land in question tiiat are peculiar to tho property involved or imnodiatoly adjoining property and do not apply generally to other land or structures in the district in which said land is located. Explain in detnij. Lot is 64' on the lal:e, 90’ on Wildhurst Trail, 465’ ^ind 509' deep. V. / ' * A j A Effect on Nelgliboriiood and Comprohenaive Plan; Granting the variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in tho public streets, increase the danger of fire, endanger the public safoty, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safoty, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and any applicable comprehensive plan. Explain in detail. This residence v/ill be consistent with surrounding homes and v/ill in no way impair established property values in the surrounding area. f-: VV ?#• N « A !iis mfiSfimn 18. The following material must bo attached to this application. 17. A map or plat showing the property affected and all lands Tvithin 150 foot of the boundaries of the property affected by proposed change. (_ _ ___copies) An abstractors certified property certificate listing the names and addresses of the owners of the land within 100 feet of the boundaries of the affected property as those names appear on the records of the County Auditor of Hennepin County. ^cknowlodf^cment an^^ 5~?rynaturo: Ihe undersign'*! hereby repre- sents upon all of the penalties of law, for -ho purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all Work herein mentioned will be done in accordance with the ordinances of the Village of Orono and the laws of the State of Minnesota, 1-00-1f OKm COUNCIL MEETING HELD JULY 28, 1973 Page 4 Eutler moved, Paurus seconded, approval of the conditional use permit for Dennis Sullivan, 3133 Casco Circle, to rip rap his shoreline residential property, conditioned that rock is used as a rip rap material. Motion, Ayes (5) - Nays (0). CONDITIONAL USE PERI-lIT 3133 Casco Circle Hr. Henry Muhich, Building & Zoning Administrator, discussed the status of the Cheyenne Land Company proposal to rezone their property. The Planning Commission has agreed to table the proposal for lack of information until August 4, 1975, or.until such time that additional information is available. THIS HEli- m B[EK KICROFiLMED REZONING Cheyenne Land Company Mr. Henry Muhich, Building & Zoning Administrator, informed the City Council that Mr. Ralph Burnett, 2040 Shoreline Drive, has submitted a platting proposal of the Scott properties which will appear before the Planning Commission August 4, 1975 at a public hearing. PLATTING 2040 Shoreline Drive P3urus moved, Butler seconded, to deny the reguest submitted by Muriel Senn, 4448 North Shore Drive, for a variance from the 75' setback and hardcover requirements as recommended by the Planning Commission, Motion, Ayes (5) - Nays (0). VARIANCE 4448 North Shore Drive Mr, Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT discussed the proposal of the Good Shepherd Lutheran 3745 Shoreline Drive Church, 3745 Shoreline Drive, for a Day Care Center, The Planning Commission has scheduled a public hearing for August 4, 1975 at 7:00 P.M. Butler moved, Paurus seconded, to approve the subdivision and lot area variance of Lot A and a conditional use permit for fill for Mr. Ed Lehman, 3525 Shoreline Drive,conditioned on submitting a topographic map and the City Engineer's approval in establishing and maintaining an easement and drainage. Motion, Ayes (5) -> Nays (0) . SUBDIVISION, VARIANCE, CONDITIONAL USE 3525 Shoreline Drive V.^elsh moved, Butler seconded, approval of the variar.ee from the required lot area and width for Ilr, Lyle Rahn, 1146 Wildhurst Trail, conditioned on removing the old structure within 30 days after occupancy of the new structure. Motion, Ayes (5) - Nays (0). VARIANCE 1146 Wildhurst Trail Hr, Muhich, Building & Zoning Administrator, reported that Mr, Louis Oberhauser representing the Herrick property has not submitted his request to rezone the property as originally agreed per Council meeting of July 8, 1975. HERRICK CIRCLE I i :! : i A '.V •*' V. f- • t» - r-« . -i |*'-l '• * *f w\ '•;; i 5 v^f;' * *; rf t ;! " ,v;»»• ’ 4 . r-l’4«, 1 •'•. i i-.. ; : i L f. Ja'iii... -'.Jn.:i': .ii:-.. s. - ■■ ___ * ••• f - V-l MC APniaTKMI FOR BUILDING PERMIT AND aRTIFKATE OF OCCUPANCY VniAOl OF ORONO, MINNISOTA DtniCTlONS SPACES NUMDCRCO I THRU 13 MUST BE Ml I CO IN BITORI PIRMiT IS ISSUED Pr.nf Of Typ#| 1 SITE ADDRESSL ADDRESS ^ permit no N9 3112 ; date 3 legal description Li XI.PLAT NUMBER 4 OWNER11’Norn# I 4^^O PARCEL NUMBER ' % % ^ ']0 o iTtI No I S ARCHITECT iNomol (Tol No I f BUILDER f-r ki^u-lAWfroiU iTtI No I I TYPE OP WORA • SIZE Of STRUCTURE (MtiBitl (W 11 completion DATE 14 TYPE OT CON5TH lKT»ON f NO Of STORIES i; property DIME IT ERONT YARD IS PROPERTY AHLA SO PT It REAR YARD 10 ESJiMATEO COST c c> o tSJlM 1] NO OP T AMiL II S Ilf Aii|>l.i oi tl It LOST AREA PEN I AMiL Y SO PT It SIDE YARDS i^Y U'(L. 7->y~7S C,#-w —</ i f ACKNOWLEDGEMENT AND SIGNATURE: The undersigned hereby rcpresenis Mpon all of the penalties of law. for the purpose of inducing the VILLAGE OF OfiOKO to take the action herein requested, that jll statenr>ents herein are true and that all work herein mentioned will be done in accordance with the ordmance of the VILLAGE OF ORONO. the Slate of Minnesota, and rulings of the Building Department SIGNATURE rk:L/ff(Ay APPROVE0 /• . RMI TUI f ^ ^ rcc ___<,^“3 » O Cf ^7.5"o C- /r ■ ^ro Ph4iAt-t^>"rrf total tee ZONi^C DISTRICT TIRE ZONE AGGREGATE TI COM AREA f/vc I LCX)R area RATIO material 4ii I with f t T PAR aip ^^J construction tooting ;ram !ng T INAL LIRT IILAIE or CKC UP AP«Cv ISSUED OAT^ T—rv* \ .y^ I r i 1.r F ; F. ■ i i I ■ - / .W , • • t ■i V- • ’*4 • i. : f •i * » • . . "t,F • -'J?I r * ;r i> Jl fAI e • ; - .1 •i J Brad Van Nest A July 12, 1985 Orono City Council & Planning Commission Subject: Lyle Rahn Variance Application Dear Ladles & Gentlemen: Because I was a member and Chairman of the Orono Planning Commission during the period that the original variance was granted to Mr. Lyle Rahn for the construction of a home at 1146 Wildhurst Trail, I have been asked to review this file. I have reviewed the file and to the best of my recollection, can remember no other stipulations other than those that are clearly stated in the minutes of the Orono Planning Commission meeting of April 18, 1974, the minutes of the Orono City Council meeting of April 22, 1974, and July 28, 1975. The granting of a variance to allow a home to be constructed on a substandard size lot when said lot was in single separate ownership and connected to municipal sewer was consistent with the actions of the Orono Planning Commission and City Council during this period. All of the Information that 1 have reviewed and my recollections of this matter indicate that the approval to grant a variance was based on the agree ment that the existing cabin which partially lies within 75 feet of Lake Minnetonka would be removed after the construction of the new house. This requirement was also consistent with the Orono Planning Commission and Council's actions involving existing structures that are within 75 feet of the lake. To my recollection, the City has never approved a lot size and width variance for the construction of a new home that would allow the continuance of an existing structure that was within the 75 foot lakeshore setback. 1 hope that this information is useful in your deliberation of this matter, and if 1 can be of any further assistance, please feel free to contact me at your earliest convenience Thank you for your cooperation in this matter. Yours truly. / H'* IJ ^ ^ William B. Van Nest 3295 CARMAN ROAD. EXCELSIOR. MINNESOTA 55331 To:Planning Commission Prom:Michael P. Gaffron, Assistant Zoning Administrator Date:July 8, 1985 Subject: #934 Robert Tschida, 1300 Fox Street - Variance Zoning District - RR-IB Application - Enclose entryway which will extend into required setback area. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Survey Staff Sketch The applicant wishes to enclose the existing entryway on the south side of his home. Because this is the RR-IB zoning dis trict, and this is technically a corner lot (even though both roads are undeveloped), enclosing the entryway constitutes an encroachment into the required 50' street setback zone (Section 10.28, Subdivision 5 (B) ). Remember that a stoop or deck which extends no higher than the main floor level is not an encroach ment per Section 10.03, Subdivision 14 (C). Unfortunately for the applicant, enclosure of this existing non-encroaching stoop is an encroachment requiring a variance. You will recall that the Minnetonka Bluffs is an area of historic dense development which was sewered in 1980 but was not rezoned to reflect the actual lot sizes, hence many projects of this type would require variances in this neighborhood. The applicant obviously has a hardship in that the lot is only lOO'xlSO' and the existing house is located closer to the lot line than the required setback. Other factors to note: 1. The entryway enclosure will create a more energy- efficient home. 2. The entryway enclosure will likely not affect any neighbor's views, etc. 3. Neither Fox Street or Hanlon Avenue are developed roads at this location, and the applicant has maintained the Fox Street right-of-way as yard area for a number of years, hence the proposed entryway gives the appearance of being setback nearly 60' from the edge of the yard. Staff would recommend approval of this application based on the findings and hardships stated above. c.. .A B A * /^XA/. ^ CITY OF OKONO - VARIANCK APPLICATION Initial Application Fee $150,00 ($50.00 per each additiona After-the-Fact Fees PROPERTY LOCATION Site Address JTOO ^ I \.Jf\\'2hlF\ PT nKJ Property Identification Number (P.I.D.) // 7 ^ ^ / <^>0/ ^ Please check one — Is the property ^ abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Namerrt--> T^r h'\F>A Phone ^'Ih Mailing Address ^?)nO ^Ot K\ K1 OWNER NameHAVui. rr\^r>> "fe.rsRFirr Ibft phone A-lLo _______ Mailing Address 15t '^,EE~T OT^k/ Date Property Acquired __________ (month/year) I (do') (dono^ also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residentiai* Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ghjCIPS E7 ?RP_^E NJ t b4\Tl^V\\^ AnV-\ nrir\r\\ rso^v)i^YW)ne^x:i>u>i Ce^n'^n-l- OTOOV- ~re L)a.~-V:C.'F OAa-> C.Tnr> ^ ' VARIANCES REQUIRED Lot Area Setback Variance Other r. i_X Lot Width Front Hardcover Side Rear) (OVEH)m HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusuai property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTALS 1. Completed Application Form. 2.Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3.Stamped, legal sized envelopes (1*10 ) 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 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 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 ^p_s/hcr knowledge. OWNERS SIGNATURE 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 mem.bers for purposes of investigation and verification of this._request. Owner's signature 7 Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings arc hel(3 on the third Monday of each month. C/rO/.r I / , JUfi \.....lot 19. block 12 minnltonka bluffs B DICKENSON ST yf vft 12 .••;" s T" jf 2(4<)' 6^ .29 40 UJ -J on erp^; '■A I Rn V i RUM DATE 06/05/85 hennepim comnt ppoperty ihfcpmation system HEHHEPI»< 1. ppoperiy ommers list BATCH 006 PROP ADOR OUNER NAME taxpayer tJAtlE/AOOR 3B 02-117-23 31 0015 00537 HAHLOM AVE o V I M E KOEHMEH ROBERT A MICHEL KOEHHEM 537 HAHLOH AVE HAYZATA MN 55371 PROP AOOR OWHER NAME taxpayer name/AOOR 36 02-117-23 31 01300 ^7 R t K TSCHIOA ROBERT G TSCHIOA 1300 FOX ST UAYZATA It! 55371 0018 ,1^' 0021 t.-- PROP AOOR OWNER NAME taxpayer UAME/AOOR 38 02-117-23 31 01300 FOX ST STATE LANO OEPT STATE LANO OEPT for sale TO property owners o.ily 02-117-23 31 0031 PROP AOOR OUNER name TAXPAYER NAME/AOOR !Icrc‘’»'maSion durch 625 FOREST ARMS LA nOUNO MN 55366 38 02-117-23 31 0036 PROP AOOR OWNER NAME TAXPAYER NAME/AOOR STATE LANO OEPT CHARLOINE M MILLER 9616 63RO AVE N BROOKLYN PARK MH 5p6c6 PRCP AOOR OWNER NAME taxpayer hame/aoor 38 02-117-23 36 01385 FOX ST anorcu j coetten ANDREW J GOETTEN 1365 FOX ST WAYZATA MN 55391 0001 t WIFE 38 02-117-23 31 0016 00565 HANLON AVE R H » V L COTIE ROBERT H COTIE 565 HANLON AVE ORONO MN 55391 38 02-117-23 31 0019 01360 FOX ST I R STINSON ETAL LAWRENCE R STINSON 1360 FOX ST WATZATA MN 55391 38 02-117-23 31 0022 00560 BARRETT AVE K A M EISINGER bat CLARK 590 BARRETT AVE WATZATA MN 55391 38 02-117-23 31 0052 S S BROWN TNCCOORA M HAYS 2036 commerce hound MN 55366 02-117-23 31 0055 OORIS HAYS ETAL THEODORA M HAYS 2036 COMMERCE MCXJNO MN 55366 38 02-117-23 61 0009 BURLINGTON NORTHERN RY BURLINGTON NORTHERN RT report no. PI635601 PAGE 6 3B 02-117-23 31 0017 R H A V L COTIE ROBERT H COTIE 565 HANLON AVE ORONO Nil 55391 « i 02-117-23 31 0020 H 0 MEYER ETAL H D MEYER BOX 12 MAYZATA MH 55391 • ^ 33 02-117-23 31 0023 00560 BARRETT AVE K A M EISINGER bat CLARK 560 BARRLTT AVE WATZATA MN 55391 02-117-23 31 0033 CEDRIC OETTLOFF CEDRIC OETTLOFF 1255 DICKENSON ST WATZATA MM 55391 38 02-117-25 31 0066 00560 BARRETT AVE K A M EISINGER bat CLARK 590 BARRETT AVE WAYZATA MN 55391 5 total BATCH 006 00017 If’ # ’m m. . ’m M' ^ m RUN DATE 06/05/fiS BATCH 004 HEUHCPIM COUfiTY PPOPtRTY InrORMATIOtl SYSTEM PROPERTY OWtJERS LIST REPORT NO. PIA35<*01 PAGE 7 I CERTIFY THAT THE FACTS REPRESENTEO APE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE OH THE RECORDS or THE HENNEPIN COUF4TY DEPARTMENT OF PROPERTY TAXATION, TO Wt BEST OF MY KNOWLEDGE AND BELIEF. // ^ // DATI \ * 1 K } 1 J ‘it • ••• . - ‘A.';. in / 7 7^.-1 ^'U—ry- ’ :--^' -s'^ V iiy%U-r. :.C2} i *< .i /: Cortifirate of Survey for fcbert G. Tschida Of Lots 10. 11, & \?., Block 14, Mli'^i'lETONKA Henru^pin County, Minnesota 12. lOO.OO hz -20f.. )0.t ^ \ ' >fENCF.*o.r • » TIE rrtrr: rrrrmtrrrf rr^ <0^1517' EXISTING -_1<5L Si-JO ---i.- 25./ t j tt 4.'7 /49. T.'n J -• ITS IZO.^ 5 • • * ' •* »••• ••• * i • • * • •................ 6 O ^X/V. ^ O I he-eby certify that this is a true and correct representation of a survey of the boundaries of Lots 10, 11, end 12, Block 14, MINNETONKA BLUFFS, and of the location of all buildings, if any. thereon. It does rot purport to show any other improvements or encroachments, other than an existing fence. ■ .;> ■ 1 inch - 40 feet May 23. 190-5 Iron maikor COFFIN & GRONDERG. INC. Mar!; S. Gronberg Reg. 127S5 Cordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 nn rw • ) CortificaU?of Survey • for tobert G. Tschida or Lots 10. 11. a 12, Block 14. MUlf/GTOMKA Hennepin County, Minnesota < 8 O U) i/9 < UJ £dfcof I lo^ *1>^ \ \ ! to -S •I C. • i '*^ C ^ c: I ■. ) ■mujflK >iM<irrrr>rn f -M isr ^ J 1 ^;n |XIST;ng 1 fh • MW fOUSE '■1 5; ft 5 \) # • • • • • • • 2i-' iilaf ^ t f t.------- <•*« 0o U> to ••• •* *••• -••• N. ^% • « « # 4 6 O t • /2 9. 2 5 *v* . . • I • * • • • ' • •................ ; (•MB. • • • ^#••• •••• ^J7<yui-^y SToo^ "TD &e et^cu^set^. ^XH. B 5; I—cco 2r I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 10. 11, and 12, Block 14, MINNETONKA BLUFFS, and of the location of all buildings, if any, thereon. It does not purport to show any other inpnovements or encroachments, other than an existing fence. COFFIN & GRONBERG, INC. Scale Date 0 1 inch = 40 feet May 23. 1905 Iron marker Mar!; S. Gronberg Reg. 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 I \ \ X '4 ^M 1 J Note: It is nearly impossible for you to view this pond without going out onto the golf course. I will have photo's available at the meeting. To; From Date; Planning Commission Members Michael P. Gaffron, Assistant Zoning Administrator July 12, 1985 Subject; #935 Wayzata Country Club, 200 Wayzata Boulevard West - Conditional Use Permit Zoning District - RR-IB Application - Conditional Use Permit to construct a pond adjacent to 5th fairway, and request blanket approval for future proposed landscaping changes. List of Exhibits Exhibit A ~ Exhibit B - Exhibit C - Exhibit D - Exhibit E - Application Plat Map Property Owners List Over«Tll Landscape Plan Staff Letter to Applicant 5/17/85 A concerned resident near the golf course brought to our attention that this pond had been excavated near the 5th fairway, directly west of the Chevy Chase Drive neighborhood. James Linblad, golf course superintendent, was advised of the need for a conditional use permit per the letter attached (Exhibit E). The pond is approxxmately 1900 square feet in area, dimensioned 25'x75', and is not located within a designated wetland. This location next to the fairway has apparently been a chronic low spot which collects run-off from a small surrounding watershed. The pond is not intended to serve as a wildlife pond, hence DNR review is not needed. The watershed is localized in this area and does not qualify for watershed review. The pond overflows to a field tile which even tually leads to a series of wetlands. The main concern of the complainant was the proximity of the pond to an unfenced neighborhood with young children who would be drawn to the pond. Our ordinances do not dictate that this type of improvement be fenced, but standards for bank slope must be maintained in order to minimize the hazards. The pond as it exists today is essentially complete and scdded. The banks are at a 3:1 or 4:1 sideslope and appear to be negotiable in the event someone was to enter the pond int^entially or unintential ly. The depth at the center appears to be 3'-5' . Zoning File #935 July 12, 1985 Page 2 No actual design plans for the pond itself have been submitted, and the City Engineer has not reviewed the site. A recommendation for approval should be conditioned on the City Engineer's review and approval. Interestingly, the complainant called today and withdrew the complaint, noting that their concerns no long exist. (Complainant wishes to remain anonymous.) You have in your paclcet a copy of the overall relandscaping plans for this golf course. Staff suggested that the applicant bring these in so that a "blanlcet" approval could be given for the individual small projects, which include extending certain tees, tree planting, and creating or rearranging sand traps. While some of these projects involve hauling dirt around, none would have a significant effect on the watershed, there are no additional ponds to be built, and no designated wetlands involved. Staff would suggest you recommend granting the conditional use permit for the pond and the other pro jects, and that applicant be required to obtain a grading permit each spring for the projects to be completed each year. This affords the City some )cnowledge of what earth moving projects are underway while not hindering the applicant. w #s rt«rs^ s J CITY OF ORONO f^S«li|l MAY 2 3'S® n.j, 1‘' GENERAL LAND USE APPLICATION :;\u PROPERTY LOCATION Site Address 3>OQ vO ti. \o fW zAT/^ ^UVP. | lC7fiVZ>ATA | 5!^39/ .•! Property Identification Number (P.I.D.) //8^ 5^ OOP I Please check one - Is the property abstract or torrcns? (for Conditional Use Applications only) Please attach legal description to application^ if not included on required survey. APPLICANT UtwO&i-ADi Crdoowps ^on . Name UUf^vrATA C. oo»jTfZv CtuS Phone W0|>- 55 Mailing Address 0)< \^ tO ftviata ^ fh ^ 5 S i OWNER Name C,ooikrt(t'< Cl-oft ___ Phone 0 i “• lo^ ^S R<Mailing Address ^p>\5i hvzArA ^ Pi i O 553^/_______ Date Property Acquired _____P j )^ 5 (month./year ) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 a) Residential acc-essory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Dldg $250.00 d) Commercial/Industrial Use 900 $200.00 f) Land Alteration (grading, filling) i'RD/PID - see fee schedule 4 «?^10. Other Applications $250.00 Vacation • $250.00 Rezoning $200.00 Iippeals HAY 2 9 806 Other - sec fee schedule CITY OF ORONO .\i I PRESKNT USK OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe requesjt in detail: vO CIA - -^ CrVA._Kq-X^ . o /OQ'viy^^^ REQUIRED SUBMITTALS Completed Application Form. 2 . Cert if ied Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes ( ilO ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. Construction plans, if applicable. 6. Plat Map. 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 Zoning 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 )cnowledge. Applicant's signature OWNERS SIGNATURE Date g/33./6S The owner hereby acknowledges and agrees to this application and further authorizes .-.reasonable entry onto the property by City staff, consultants, agents# Jeommi'^s^ion members, and Council members for purposes of investigation and verification *of this request/. . . i.Owners sighaturie Date i Applicant must .have all submittals into the City offices 25 days before the Planni ng Comrni ssi on Meeting. Planning Commission Meetings are hold on the third Monday of each nionth. mtjr _JXv/_____/. Property Owners List Zoning File #935 36-118-23 34 0008 H. Norman Nafstad 8200 Vincent Avenue No. Minneapolis,MN 55444 36-118-23 34 0010 Donald & Jane Swanson 4408 WEst f8th Street Minneapolis, MN 55424 36-118-23 34 0015 Jerry Alstead 440 Old Long Lake Road Wayzata, MN 55391 36-118-23 31 0013 Donald Wildman 280 Wakefield Road Wayzata, MN 55391 36-118-23 31 0014 Francis T. Biermeier 17135 28th Avenue North Plymouth,MN 55447 36-118-23 31 0015 C. Wayne & Angie Leneave 2725 Vagabond Lane Minneapolis, MN 55447 36-118-23 41 0014 Clifford S. Asmhun Jr. 117 Chevy Chase Drive Wayzata,MN 55391 36-118-23 41 0013 Gene Zaske 115 Chevy Chase Drive Wayzata; MN 55391 36-118-23 4l 0012 Waldo Nelson 113 Chevy Chase Drive Wavzata,MN 55391 36-118-23 33 0011 David & Jill Robers 30 Myrtlewood Road Wayzata , MN 55391 36-118-23 41 0021 Richard G. WElls 131 Chevy Chase Drive Wayzata,MN 55391 36-118-23 41 0011 Thomas L. Curiy 111 Chevy Chase Drive Wayzata,MN 55391 36-118-23 33 0010 Verena L. Pearson 20 Myrtlewood Wayzata MN 55391 36-118-23 33 0009 James & Mary Matteson 10 Myrtlewood Road Wayzata, MN 55391 36-118-23 41 0020 Robert & Annette Langford 129 Chevy Chase Road Wayzata, MN 55391 36-118-23 41 0019 Jeffrey Jacobsen 127 Chevy Chase Drive Wayzata, MN 55391 36-118-23 44 0009 Gerald Androli 100 Ferndale Green Wayzata, MI'I 55391 36-118-23 44 0010 Charles Hulse 95 Ferndale Green Wayzata,MN 55391 36-118-23 31 0008/7 Dale K. Warner 375 Wakefield Road Wayzata, MN 55391 36-118-23 41 0018 Imogene M. Rogers 125 Chevy Chase Drive Wayzata, MN 55391 36-118-23 44 0011 John & Roxanne Powers 85 Ferndale Road Wayzata, MN 55391 36-118-23 31 0010 John T. Thornton 220 Wakefield Road Wayzata, MN 55391 36-118-23 /"7 36-118-23 44 0014 Bradford & Ja.. _ Blankenship William Mueller 123 Chevy Chase Drive So. 55 Ferndale Green Wayzata,MN 55391 Wayzata, MN 55391 36-118-23 31 0011 William Ferril 240 Wakefield Road Wayzata, MN 55391 36-118-23 31 0012 Paul Baszuki 250 Wakefield Road iv’ayzata, MN 55391 36-118-23 41 0016 Herbert Abramson 121 Chevy Chase Drive Wayzata, MN 55391 36-118-23 4l 0015 Jeffrey Wujek 119 Chevy Chase Drive Wayzata, MN 55391 36-118-23 14 0011 Leopold Hauser III 475 North Ferndale Road Wayzata,MN 55391 36-118-23 14 0008 Ed & Marlys Cohen 519 North Ferndale Rd Wayzata,MN 55391 36-118-23 13 0006 Timothy M. O'Connor 505 North Ferndale Wayzata,MN 55391 36-118-23 13 0007 Klaus P. Becker 507 North Ferndale Road Wayzata, MN 55391 36-118-23 13 0008 Yvonne C. Cooke 509 No. Ferndale Road Wayzata,MN 55391 I. \ i V ' Property Owners List Cont. Zoning File #935 36-118-23 13 0009 Edward L. Delanhanty 511 No. Ferndale Road Wayzata, MN 55391 36-118-23 24 0004 Bruce B. Dayton 990 Old Long Lake Road Wayzata, MN 55391 36-118-23 24 0007 Robert Benson Jr. 430 Wakefield Road Wayzata, MN 55391 36-118-23 14 0007 H. Glendon Johnson 517 No. Ferndale Road Wayzata, MN 55391 36-118-23 14 0006 Andrew & Mary Smith 515 No. Ferndale Road Wayzata,MN 55391 36-118-23 13 0001 Anne B. McCourt 508 North McCacJden Place. Los Angeles, CA 90004 u ( M i CITVof OKON’O Posl Offict* liox 6Ti»Cryst;il H;iy, Minntsol;i .S.Vrj.i • Muninpal Offirc-s On the North Shore of Lake Minnetonka May 17, 1985 Kayzata Country Club 200 Wayzata Boulevard Wayzata, MN 55391 Attn: James Linblad Re; Pond Excavation, Fairway <15 Dear Mr. Linblad: Thank you for your prompt response in forwarding a copy of the site plan for the golf course. As I noted to you previously, we have received a complaint regarding the excavation of a pond on the 5th fairway, near a residential neighborhood whore children play. v;e discussed the fact that the Country Club had applied for and re ceived a conditional use permit for alterations to a pond on the 12th fairway in 1981. I have reviewed the file for that application, and can understand that you may have gotten the impression that the Planning Commission and Council did not feel that application was of great concern. However, the City staff does not have the authority to waive the require ments for a conditional use permit for a ptoje t such as you have con structed on the 5th fairway. A condition..) use permit is definitely required. I am forwarding to you the application form anc. note that the deadline for such application for the June Planning Commission meeting is May 23rd. Please contact me if you will have trouble completing the appli cation and required submittals by this date. i’he application fee per the currer-: lee schedule is: $200 - Conditional Use Permit $200 - After-the-Fact Investigation Fto $400 + $40 Refundable Land Use Application Sign Fee In the event that the conditional use permit is granted the actual grading permit for the pond would be priced per the attached fee schedule. You are required to cease all work o.= this pond immediately. Please contact me or Zoning Administrator Jeanne -.labusth at 473-7357, if you have any questions. riL Hl'IM)IS(. A 473-71.S7 • asm SSIM. .Sincerely, I y L'. 7 ^ - Michael P. Goffron, Assist lint Zoning Administrat or XhMIMMKAIIo. A I IN \M I 4 73 735# • II IIIK UOUKS 47 1 7 35*» TO Planning Commission FROM;Michael P. Gaffron, Assistant Zoning Administrator DATE:July 9, 1985 SUBJECT: #936 Lawrence J. Gardner, 1085 Tonkawa Road - Conditional Use Permit & Variance Zoning District - LR-IB Application - A) Regrade lakeshore yard to conform more nearly to original contours (new house under construction) 6) Remove various trees in lakeshore yard. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application and Letter of Request Plat Map Property Owners List Survey Grading/Landscape Plan Please read the applicant's letter of request regarding the proposed grading and tree removal. Prior to application for a building permit, the applicant met wi*-h staff on this site to review the existing grades and tree situation. The applicant is building a new home which meets all hardcover and setback requirements. As part of his landscaping, he propses to place fill over the old foundation area where a cabin once stood, restoring the grade to conform more nearly to the original contours. It appears from the grading plan that there will be changes as close as 15 ' to the shoreline. The applicant was allowed to proceed with his home construction minus the landscaping work pending approval. Note that applicant is maintaining a 30' buffer zone along the lakeshore and has staked hay bales at the 30' line. There is no sedimentation problem. The grading plan has been reviewed by the City Engineer at the site, and he recommends approval as submitted. Note that the new home and amenities when completed as proposed will comprise zero percent hardcover in the 0-75' zone and 22.6% in the 75- 250' zone, within the limits prescribed in the zoning code. Staff noted two or three dead trees on the lakeshore at the initial inspection. Applicant was allowed to remove these without a variance. He is proposing to remove other living trees at the lakeshore, apparently for aesthetic purposes. I would suggest you view the site and get a feeling for the number, type, and quality of trees in the lakeshore yard. I have approximately plotted the existing trees on the landscape plan. Does the applicant have valid reasons for you to grant a variance to allow live trees to be removed on the lakeshore? Is there a hardship? K'' . S ,L ' #936 Lawrence Gardner Page 2 July 9, 1985 Recommendations A) Grading - Staff would recommend approval of the grading plans as submitted, with the stipulation that proper protection against sedimentation be maintained, including sometime limits on the process of regrading/sodding. B) Tree Removal - Our past policy has been to consider the following criteria for tree removal on the lakeshore: - Is the tree a hazard? - Is the tree dying? - If the tree is healthy, and it is being removed for aesthetic purposes only, will it be replaced in kind at another location in the 0-75' zone? Staff would suggest you consider these factors in any recommendation regarding the tree removal request. We do feel that the trees at the lakeshore bank which are leaning over the water are hazardous and should be removed. As a point of interest, you will note that the house and shed to the south were recently demolished, presumably so that another new home can be built on that property. Staff is aware of the major grading that appears to have been done and is following up to ensure no sedimentation into the lake. i I #936 CITY OF ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1085 Tonkawa Road / 13 fo pv<ry CV Property Identification Number (P.I.D.) 08-117-Z3-13-0003 Please check one - Is the property ^ A • abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. APPLICANT Name Lawrence J. Gardner Phone 370-0700 Mailing Address 6701 Old Sturbridge , Corcoran, MN 55340 OWNER Name Lawrence J. Gardner Phone 370-0700 Mailing /address 6701 Old Sturbridge, Corcoran, MN 55340 Date Propgj4;.y^Acquired 3/85 (month/year) I (do) 1^0 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 - se c fee schedule 1/-V . "N Other Applications _ _ _ _ $250.00 Vacation _ _ _ _ $250.00 Rezoning ________ $200.00 Appeals Other - see foe schedule f Li t* > > •* s? d on ^ I PRESENT USE OP PROPERTY Present Zoning District Lakeshorc Residential Present Use of Property Vacant Residentia 1 Other (specify) DESCRIPTION OP REQUEST Describe request in detail: To restore the origin al grade in the 75' setback ______area previously occupied by two^lake cottages in accordance with grading plan __ _ _(see attached). REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350 ' (you can obtain this from Hennepin County Department of Finance A-603 Government Center 348-3271. 3. Stamped, legal sized envelopes (#10 ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. f I APPLICANT'S SIGNATURE The applicant hereby agrees tb provide all information required or requested by the Zoning Administrator, agree$ to pay ail fees/and/or unusual expenses incurred in review of this application^ and certifies tfia/t the information supplied is true and correct to the best of ;hfrf/hef/kh</wledgf. fill I/IApplicant's signature OWNERS SIGNATURE Date /\ \ The owner hereby acknowledges and agrees' to this application and further authorizes reasonable entry ^oi.co the property by City staff, consultants, agents, commission members, and/Ccmncil members tor purposes of investigation and verification of this reoljo.st/ // f\ / . ' /! Owner's signature -^ ^ I / / /L'' 1 / /Date lI Applicant must have all submittals -.into the City offices 25 days before the Planning Commission Meet ing . Planning Commi ssi on Meet i ngs a re held on the third Monday of each month. June 7, 1985 .1, City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: SUP for Grading and Variance for Tree Removal 1085 Tonkawa Road To The City of Orono: Enclosed please find tna following: o Application for special use permit and variance to restore the excavated area of an existing foundation and remove undeslreablo trees within the 75 foot setback line of the lakeshore residential district, o Grading plan prepared for the site, o Lot survey certificate prepared for the site. o Certified list of property owners within 350 feet of the subject property. o Self-addressed envelopes related to the property owners listed above. o Application fee of $290.00 made up as follows: o $200.00 for the land alteration permit o $50.00 for the variance for tree removal o $40.00 refundable sign deposit It It my opinion that the abandoned foundation area together with a second building site were graded by the previous owners within the 75 foot sot back area. The current status of this Is detrimental to the general appearance of the site as well as creating severe slopes which cause high rates of run-off and undue erosion. The proposal Is to restore the grade approximately to Its existing condition prior to the construction of the two lake cottages. The filling operation will have the Impact of providing a gentle slope as well as removing evidence of the previous cottage areas along the shoreline. The enclosed grading plan and building certificate indicates the current house pro posed to be built varies from 90 to 100 feet setback from the lakeshore. If the grading plan Is unacceptable to the City, I wl11 have excess fill removed in accordance with conversations with the Zoning Administration held prior o construction commencing. L HUN DATC 06/03/05 BATCH 006 PROP ADOR OWNER NAME TAXPAYER NAME/AOOR PROP ADOR OWNER NAME TAXPAYER NAME/AOOR PROP ADOR OWNER NAME TAXPAYER NANI/ABOR PROP ADOR OWNER NAME TAXPAYER NAME/AOOR PROP AOOR OWNER NAME TAXPAYER NAME/AOOR PROP AOOR OWNER NAME TAXPAYER NAME/AOOR MCNNEPIN county PROPrRTY INFORMATION SYSTEM PROPERTY OWNERS LIST 3B 08-117-23 13 0001 01065 TONKAWA RO HAROLD L CONRAD ETAL HAROLD L CONRAD 1065 TONKAWA RO LONG LAKE MN 55356 38 08-117-23 13 0004 01105 TONKAWA RO JOHN 0 MILLER t WIFE JOHN D MILLER 5009 UNIVERSITY AVE N MPLS MN 55421 38 08-117-23 13 0010 MARVIN BORMAN ETAL MARVIN BORMAN 1800 HlOWItr PLAfA MPLS MN 55402 38 08-117-23 13 0015 01030 TONKAWA RD MARJORIE F GASCH ROBERT H GASCH 1030 TONKAWA ROAD LONG LAKE MN 55356 38 08-117-23 13 0019 01060 TONKAWA RO GERTRUD E NOELTING GERTRUD E NOELTING 1060 TONKAWA RO LONG LAKE MN 55356 38 08-117-23 24 0004 OAR MARIAN PARTEM OAR MARIAN PARTEN 1025 TOIOCAWA RO LONG LAKE MN 55356 CARL CARL 38 08-117-23 13 0002 01075 TOfP.AWA RD JEROME W DIELTZ ETAL JEROME W DIELTZ 1075 TONKAWA RO LONG LAKE MN 55356 38 08-117-23 13 0008 01140 TONKAWA RO R A K KYLE RICHARD A KATHLEEN KYLE 1140 TONKAWA ROAD LONG LAKE MN 55356 38 08-117-23 13 0011 01080 TONKAWA RO MARVIN BORMAN ETAL MARVIN DORMAN t600 MIDUIST PLAXA MPLS MN 55402 38 08-117-23 13 0016 01145 TONKAWA RD ERRETT P SCHMID GEORGE A ANN DIETZ 1145 TOtfl<AUA RD LONG LAKE MN 55356 38 08-117-23 13 0020 01070 TONKAWA RD THOMAS A PATRICIA RYAN THOMAS A PATRICIA RYAN 1060 TONKAWA RO LONG LAKE MN 55356 38 08-117-23 24 0005 CARL OAR MARIAN PARTEN CARL D A R MARIAN PARTEN 1025 TONKAWA RD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 9 38 08-117-23 13 0003 01085 TONKAWA RO L A L GARDNER LAWRENCE J GARDNER 1005 TONKAWA RO CRONO MN 55356 33 08-117-23 13 0009 01120 TONKAWA RO J A A BENOT JOHN G A ANNE L BEl.’DT 1120 ton>:awa RD OPONO MN 55356 38 08-117-23 13 0013 01040 TONKAWA RO FLORENCE L LARSCN ROBERT J A JOAN C OAUMAN 1060 TONKAWA ROAD CRONO MN 55364 38 08-117-23 13 001 01185 TONKAWA PD E J HILL ETAL ELMER J HILL RT 1 BOX 459 LONG LAKE MN 55356 J 38 08-117-23 2<» 0002 01015 TOfiKAWA PD DANIEL C i RUTH tt PARTEN DANIEL C i RUTH M PARTEN 529 JANALYN CIR GOLDEN VALLEY MM A16 TOTAL BATCH 006 00017 L K RUN DATE 06/0 VeS HUiNtPIN COUHTY PROPERTY IHFORHATIOM SYSTEM PROPERTY OW*IEP5 LIST REPORT HO. PIA35<»01 PAoc 10 BATCH 006 tr ' ^ < •T mm.•1 ‘'4;- "-I ‘ ) ff . ■ T > >»• 7 ‘ •rrl hS'^-' ■i '''T- • I CERTIFY Th. T THE FACTS REFRESEHTEO mRE AN ACCURATE AT© TRUE REPRESENTATION IF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN Cr'JHTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. y •iU _DAT ^ i -fh V ^ ’ Planning Commission From: Date: Jeanne A. Mabusth, Zoning Administrator July 10, 1985 Subject #937 Wharton Sinkler & Margherita Gail Harris, 2195 French Lake Road - Variance Zoning District - RR-IB Pertinent Ordinances Section 10.02 (5) def. animal unit - 3 goats - 1 unit Section 10.28, Subdivision 4 (A) (refer to Section 10.20, Subdivision 3(K)) setback for barns required 150' from nearest lot line Also review Section 10.03, Subdivision 18 B - barns must be setback 150 feet or more from nearest off-site residence Application Per Section 10.28, Subdivision 4(A) Setback Variance For Barn required = 150' proposed =62' to edge of right-of-way/variance - 88' proposed = 128' to nearest property line across Willow Dr variance - 22' List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Elevations .‘■PI d The applicants have recently moved from California and have purchased a r.hw home within Johnston's French Lake Plat developed at 2 acre rural densities. They propose construction of an animal sh«»lter 12'xl6' to house their 2 pet goats. Per Section 10.20, Subdivision 3(K) 2 acres are re quired per 1 animal (goat or sheep) unit. The goats are waiting in California for their shelter to be built. Unfortunately, staff had to advise of the required setback for animal barns from property lines. The applicants note that the lot is 152 feet at the widest point. A barn could never be constructed to meet the 150' setback but per Section 10.03, Subdivison 18(B) the barn is 150 feet or more from the nearest off site residence. If there is time, please ask Ms. Harris to tell you about these very special goats, the special milking room within the house, pasterization of milk and of cheese and yogurt making. Staff recommends approval of the 88' or 22' variance setback for the proposed 12'xl6' animal shelter for Wharton Sinkler and Margherita Gail Harris to house their two pet goats based on the hardship of the narrow lot width at a maximum width of 152 feet. r i-.- JiY OK ORONO - VARIANCE APPLICATION y\j. *!,<. ^3- C^S tO f-i-AInitial Api>lication Fee $150.00 ($50,00 per each additional project) After-thc-Fact Feeii PROPERTY LOCATION Site Address o^/fvT P/?6rfVdH t^o4d^ O^C^Q Property Identification Number (P.I.D.) //)-//!—(^3 <?/ Ooo^ Please check one — Is the property abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT JLL^ j Name Phone ^7^-22^7 Mailing Address F.0./3ox ^7, A/a / SyjlJ OWNER 4/A'/5»/e7D/V ml / Name A/A/IR/S Phone ^7C-22^^1 Mailing Address P-d.SbX ^7 C/^ySTfiZ. S. A la X Date Property Acquired __________l/^V (month/year)r I (do) ) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Li: O Q ^rr ^ Rcsidencial Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ S~00 Describe request in detail: jL/i/^/ANL36' T6 S^rS/kl/tl ^dOU//(L6/*^f/// VARIANCES REQUIRED Lot Area Lot Width Hardcov U ‘ JUN I 4 1985 ^ • i__or; n • L7 '.:'Ty (i( AAlA I Setback Variances (Front Side Rear) Other (3AC/C Tb^ (OVER) .-•i i r/Amm • • • •.' r. ■■■■■■r rA ' \ ••H Las ; ■ ^ . .> ■d V. • • - y.* . •% » y.• *• w * . ^^ g .• * ^ - *. ; »•.•\ « *1 f** V • • • • .** - . • * • *• * * ^b" H/^P pOv'WP ' . •.’••'• •“.‘'rCXv • ••**'* o' ’.* . . . r ' ■•■; '-t'■• /.'•.■ :4. r • * • • ^ •* v« • •. •- « • 'm r.' • .*• • I #>- r ■ f X4 ' '. \ .''l > . 1.- '>• I - *.t V iL: 'if ' I *T v* . • M • * »«• « • « • • — 0* » • •••< • «» •• < <■ ■r f>o'» Y4 . Hcrta I 2.* 2.Ufc E>gAr-t>> iS • # , - * ^1 _ ___________ ___ •• • • . * ■ ♦ . - ..• . ».• ^ t V ;i ;.^™:r. ■ :PK/TA^C'■-^:0.EW »•/\ -c". •• • . # 49 • ' * ■ -k • 4 . . .% , ,•• 0 ^. > ^1* ‘ ■ • • s'.. . .*•' 'V ' • • ■- ^ A * 'f .> ** • y • / ‘ • ^.i • »* • •n » * %* j • • I • m-m V t I : F27SM92b • 4 • * . >•. • RANDY r To;Planning Commission Prom: Michael P. Gaffron, Assistant Zoning Administrator Date:July 11, 1985 Subject; i938 Robert Nash, 1020 Townline Roac' - Variance Zoning District - RR-IA, 5-Acre Application - Sice setback variance to construct a pole barn for storage and for use as a stable for horses. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Staff Sketch The applicant wishes to construct a 30'x40' or 30'x48' pole barn his north lot line to be used both for storage of equipment and to stable one or more horses. This would appear to fall under the category of a private stable or barn per Section 10.02.65, and is not restricted to the 1000 square foot area requirement, but "should" maintain a 150 setback from the nearest lot line per 10.02.65, ^ V k/- ^ The 150' from the nearest off-site residence per 10.03, Subdivision 18(B). The property is 5.8 acres total, of which approximately 5.5 acres is dry buildable. The applicant wishes to construct this barn as near to the north lot line as possible (see sketch). Staff would make the following observations about this property: 1. This property and that to the immediate north are 5-acre lots in a 5_a0j-0 zone and are not subdividable under current zoning regulations. 2. Both this property and that to the north have established resi dences and both are currently maintaining a limited number of horses, which is an established use for the properties. 3. The properties to the east and south are undeveloped and the proposed barn will be located more than 150' from these lot lines. 4. The proposed barn will be located 400 feet or more from the residence to the north. 5, Applicant has a hardship in that the property width is only 223* hence a 150' setback from both side lot lines is impossible. Therefore, notwithstanding any unforeseen objection from the neighbors setback is standard for an accessory structure in all zoning districts. n4'I it i .' f f [t Cl.oKONO - VARIANCE APPLIC h O (C -r if/y / ^ C) * Cy r iCL*: Initial Application Fee $150.00 After-the-Fact Fees ($50.00 per each additiona] project) PROPERTY LOCATION Site Address ’YhcOn /1 n e. Property Identification Number (P.I.D.) 3 C • ii ~ cD 3 Q OOO Please check one — Is the property abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT 'T\oher't Mailing Address lO^/O “Tcud /k ___ Phone (h) (u^'^^'?S~933uh ir\fc> ____rA/a^ie^ Picx,nr\, Yy\f\) SS3S^*? OWNER Name PicefiK___________Phone '3/^ Mailing .vddress iQ;;(n XcLonltne, RJL io^tr\, tT\n S533^ Date Property Acquired <g/S5'(month/ye‘r ) I (do) ^^o 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 $ ^3 SOQ ^ Describe request in detail; eCL^ b(Xil(i(/1Q> r\ncht^ \trh [ir\o J VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width _ _ _ Front v/ Side Hardcover Rear) Other (OVER) \ ii dm J riARDSHIP Describe undue hardship or practica] difficulty resulting from strict enf orcement of zoning regulations cic€,S DO't. CLiloi*) ha C.L. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ __ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: rioeS CLU ol ^ t>eobe/^ h cLr/L. ^ ^ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150 ' (you can obtain this list from Hennepin County Department of Finance A~603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes ( 10 ) pre-addressod to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 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 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 /P /• / I^Date ^ ^ 1 OWNERS SIGNATURE 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 membets for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. I I I ri RUtI DATE 06/12/65 BATCH 001 PROP ADDR OWICR N^E TAXPAYER NAME/AOOR 38 30-llc-C3 31 000^ 0^575 UAYZATA BlVO L G LA BRESH ETAL L G LA BRESH «i575 WAYZATA BLVO MAPLE PLAIN MN S53S9 HEmEPlN COUt^TY PROPERTY INFCPMATION SYSTEM PROPERTY OV4MERS LIST 39 30-118-23 32 000^ 010^0 TONN LIME RD RICHARD E NEUMAfOl RICHARD E MEUMAIIN 10^*0 TOLTRINE RD MAPLE PLAir< rW4 55359 REPORT NO, PI^3540I PAGE 1 38 30-118-23 32 0005 01020 TO;/N LINE PO R E NASH APR NAS^I POCERT E NASH 1020 TOUTJLIME PO S ORONO MN 55359 PROP AODR OUr^ER NAME TAXPAYER NAME/AOOR 38 30-118-23 33 0001 K TURNHAM ETAL KErOIETH I KATHRYN TURrOIAM 4<i90 UATEPTCUN ROAD MAPLE PLAIN MN 55359 38 30-118-23 34 0001 KIP A NELSON KIP fiELSCN 4580 UATERTOi:>4 RD ORONO M»4 55359 70 25-118-24 41 0002 1ST PPESO CH OF If^EPENO 1ST PPESO OF MAPLE PLAIN MAPLE PLAIN MN 55359 PROP AODR OUtlER NAME TAXPAYER NAME/AOOR 70 25-118-24 44 0011 PROG-AG INC EUGENE A CAROL NEYENS 4972 BROAOMOORE 09 MAPLE PLAIN MN 55359 TOTAL BATCH 001 00007 • V -’-•-is-' . •- % ij. I r.EPTlFY THAT THF FACTS REPRESEMTEO ARE AH ACCURATE AW TRUE REFRESEHTATIOtJ OF IMFORMATIOH AS IT APHtAPS THIS DATE OH THE PECCPOS OF THE HEfOJEPIH COUNTY OEPARTHErjT OF PPOP^TY TAXAUOH, TO THE BEST OF nr KHOULEDCE AND BELIEF OiTE^*- yOPrtlY TAXATION, nki( /loov_^ \ ^ Certificate of Surveij for r.obert E. Nash in the Southwest cf Section 30-118-23 #b<;y 1^ rj tsi line of Svin^of See. 30-115-23 £csf incof^Jcsl’ n7l.$ [ f cef of c^Su/>4.c/ j See. 30-I16-23 /I7I.52 237' Soufh line of *4 cf {•SW>'4 of SC4tion «-U8 \ > • » •II7/5Z' to tvi J3 J3 r hereby certify that this is a true and con -ct representation of a survey of the boundaries of the South 6 acres of the West 1171.5 feet of the Northwest quarter of the Southwest quarter of Section 30, Town ship 118 North, Range 23 West of the 5th Principal ,‘leridian, subject. to an easement for road purposes over the West 33 feet thereof, also subject to easements of record, if any. It does not purport to show improvemonts or encroachments, if any. COFFIN & CRONDERG, INC. Scale Date o / inch * 200 feet June N, 1985 Iron marker 'ry RCg, 12755 Cordon R. Coffin Rey. No. 0004 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 1?- ■'V ■ %-i ■H •V i Certificate of Survey for Robert £. Nash in the Southwest h of Section 30-118-23 r 1^^'I .<? Uesi’lincof Mvl*Ao^ ' ' 30-115-23 niisz I /, Easf l'n«of Vfesf M7i.v j ^ecf of ofSW >1.'^ , &6C. 30-lia-23 ,***^ ■/•■J V V »5 33 J3 ’ -y .Soulh Imc ©rNW 'A of i t'SVJXt of Section 30*n8’2| ^ -- - - - - - - - - 117152' V^'v.^ VAc I hereby certify that this is a true and correct representation of a survey of the boundaries of the South 6 acres of the West U7I.5 feet of the Northwest quarter of the Southwest quarter of Section 30, Town ship 116 North, Range 23 West of the 5th Principal Meridian, subject to an easement for road purposes over the West 33 feet thereof, also subject to easements of record, - if any. It does not purport to show improvements or encroac/inients, if any. 1 inch « 200 feet June 14, 1985 lion marker COFFIN & CRONBERC, INC. Mark S. Cronb^rg REg. Ns^. 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 To; From; Date Planning Commission Michaol P. Gaffron, Assistant Zoning Administrator July 8, 1985 Subject: #940 Ann C. Fisher, 774 Tonkawa Road - Variance Zoning District - LR-ID Application - Average lakeshore setback for deck and screen porch addition. List of Exhibits Exhibit A - Appli ’acjon Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey With Staff Notations Exhibit E - Hardcover Calculations The applicant requests a variance to the average lakeshore setback in order to construct a deck and screen porch on the lakeside of the existing house. This addition will encroach approximately 15' into the average setback but will still be about 95’ from the lakeshore. The addition will increase the 75~250' hardcover from 16% to 23%, within the allowable limits. The steep hill to the south, the natural screening of trees and shrubbery and the angled lakeshore wou .d make it appear that the addition will not affect the lake view of the neighbors. Note that the addition will conform to the extended south line of the house, so that the existing side setback of about 7.5 feet at the easterly corner of the existing house will increase to 10' at the edge of the screen porch. It is an issue whether a variance is required for this situation; while technically a side setback variance is required for the construction less than 10' fron; the side lot line, the general City policy in the past has been to allow, without a variance, such extentions of a building line if there is no greater encroachment. Presuming that neither neighbor presents an objection to the proposal, staff recommends approval of the average lakeshore setback and side yard setback variances, finding that: 1. The hardships to the property are locations of the neighboring residences, and the angle of the lakeshore in relation to the lot. 2. The neighbors lakeshore views will not be affected due to topo graphy and existing natural screening. 3. The increase in hardcover is within the limits prescribed in the zoning code. 4. The proposed addition will retain a 95' setback from the lake. 5. The side setback encroachi.icnt of the new addition is less severe than the encroachment of the existing house. We would suggest that a condition of the approval be that the appli cant be made aware of the current hardcover percentage and future limita tions on harilcover. ch •^^40 i » ^ y'O-C-'j 5'■>•/''' per each additional project) CITY OF ORONO - Initial Application Fee $150.00 ($50.00 ACter-the-Fact Fees PROPERTY LOCATION Site Address '7 7Y Tr>77JiZ/{da _ ,^-r- m- 2"^ 5 y ^Property Identification Number (P.I.D.) ~/_j-------d------------------— torrens?Please checlc one -- Is the property _J<__ abstract or - - Please attach legal description to application if not included on required survey. APPLICANT yd/?//Name _ _ _ _ _ _ _ Mailing Address Phono r/7/33- 77 ■/ /h ’/yss':t'SU OWNER Name /7 n C. h ^Phone ^ Mailing Address Date Property Acquired /'_ _ _ (month/year) I "tdp) ;^'d^not'')j^also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District /B- - - - - - ^ Present Use of Property //^^^^^//''^’/"-‘^iesidential Other (specify) 1 ng po- the ere *li- f Lta- DESCRIPTION OF REQUEST Estimated Construction Cost $—-- - --- - Describe request in detai 1: -M VARIANCES REQUIRED Lot Area Lot Width Hardcover Setbac i Var iances ( ^ Front Other _ _ _ _ ' • ^Side Rear) ^ (OVER 1 HARDSHIP Describe undue hardship or practic^ difficulty resu 11ing from^ tcf ' c. .^/yTtc.(''c:/ .O'j * u^J^- \. . DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance wi Ui Zonjng Code Requirements; o~>J;;^/ JjC (^. xc^c., ^ - - - - - - - - • REQUIRED SUBMITTALS Completed Application Form. 3.stamped, legal sized envelopes («10) prc-addrcssed to each of the names on the above list with no return address. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please that your variance application is not complete if the above information has been included. APPLICANT•S SIGNATURE The applicant hereby agrees to provide all information required or requested by and correct to the best of his/her knov^l^d9^* / ' nate i 1-^•V'- Applicant's signature OWNERS SIGNATURE and verification of this request. Owner's signature Date ^ . r /XCJ / Applicant must have all submittals into the vVwJ nn\d?e^thirdPlanning Commissjon Meetings aie held on the thirPlanning Commission Meeting Monday of each month. »») •f ■ • m ^ b - - Ohoto 1 MENT4CPIM COUIHY PPOPERTY INFORM a TIOM SYSTtH PROPCRTY OWnEPS LIST 30 05-117-23 3<» 0006 00750 lOmkUK RO HE»:RY E PCHSOfI ETAL HEMRY E PENSOM 750 TOf»<AWA PD LOf^G LAKE fill 55356 REPORT MO. PI<i35^01 PAGE i 36 05-117-23 3^ 0007 00760 TONKAWA Pn A I 0 BERTEL3CM ARTHUR J A BETTY M BEPTEISOH IZI\7 OURWELL DR niM.ETOMKA MM 36 05-117-23 36 0010 007D0 TOMKAMA RO GAO JAoEOJR 36 06-117-23 21 0001 0000 I TGMKAUA RD jnifc ri I r.u5AM n mcrpisom JCfiM M MCPPIGOM 601 TCMKAUA PO LOMG LAKE MM 55356 i*. ORONO HARDCOVER CALCULATION V.’ORKSHEET LAKESHORE SETBACK ZONE A. Existing lot area in zone B. Existing hardcover in zone C. Existinq hardcover porcentaqe I (D-rA) X 100) D. Proposed hardcover in zone E. Proposed hardcover percentage I(DfA) X lOJ) F. Allowed hardcover percentage 0-75 ’sf %S f 0 % 75-250 ■'3 sf ' s f V , / s f - r > %25 Vo 250-500'1 -1 O -'' s£• no sf y 30 Vf' 500-1000 'sf *?f \ sf %35 Vo P Directions: A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. • j tu 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. Existing Hardcover Percentage - divide the number in U 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 tlie number iti D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setbac)c zone exceed the allowed percentages in columi F, you should contact the Zoning Depart.ment at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. P 4 k'. To;Planning Commission Members Jeanne A. Mabusth, Zoning AdministratorFrom; Date July 11, 1985 Subject;#941 Paul R. Nutt, 2739 Shadywood Road Variance and Conditional Use Permit Zoning District - LR-IB Property -Two 20 foot wide riparian tracts located within Narrows lagoon - see Exhibit D. Pertinent Ordinances Section 10.24, Subdivision 4 (A) Section 10.03, Subdivision 5 (J) a) Per Section 10.24, Gubdivison 4 (A) a variance is required to maintain a dock (accessory structure) on a lot without a principal structure. b) Per Section 10.03, Subdivision 5 (J) a conditional use permit and variance is required if this non-conforming use is to continue and, be recognized as a legal non-conforming use. 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 Lagoon Lots - Subject Properties Record of Ownership Survey in Relation to Ownership Thimmesh Letter Cook Letter Review of Application In the Spring of 1984, after receiving complaints concerning the intense use and reported operation of a commercial marina within the area of the lagoon. The original Registered Land Survey division (1954) created these tracts to provide protected dock use areas for the homestead lots within that same Registered Land Survey. The covenants dealing with the use of these tracts (1965) and four tracts have been sold off to non-resident owners. to another non-adjacent resident. He has agreed to file an appli cation for the new owner. iJ '11-U i r i* li i J Zoning File #941 July 11, 1985 Page 2 The City was introduced to this multiple dock area in 1979 in the process of reviewing a lot area variance for a Robert Watson. It was an application involving the common ownership of two tracts of shore properties. One was developed, the other undeveloped. A condi tion of approving that variance application was that both homesteaded lots on the mainlake retain a lagoon tract for dock purposes. As a result, the current owners of Tracts M & N and K & L are the only legal or conforming users of the riparian tracts. It should be note that the original covenants never established standards for the use of these limited properties. The Marina Committee had been attempting to deal with the six separate owners, two adjacent residential owners and four non-ad^acent owners, but found it impossible to come to any agreement because of the diverse ownership pattern and the illegal or unresolved status of Tracts S&T, M&N, K&L and E. The chairman of the Marina Committee advised each of the four owners of the need to gain legal status or recognition of their use of the riparian tracts from the Council before the committee could work with all six owners on a safe agreed upon use of the lagoon area. Nutt was the only member of the four to file an application by the deadline for this meeting. Exhibit G & H are letters from other owners advising of their inability to make dealine. They will appear before you at the August 19th meeting. Tracts R & 0 have contained docks since the early 60's. Each dock, as with the others, maintain a zero lot line setback. Both docks have had each one sail boat over 16 feet stored for the summer season. To my knowledge there has never been another boat kept at these docks. Tracts Q & P are the land tracts providing a parking space for each owner. Access to these tracts are via Dick Ogle s property to the south - note Ogle also owns the land Tract D that should have been combined with Tract E. Issues for Consideration 1. Should the fact that Nutt has owned this property since the early 60's prior to formal municipal zoning have a bearing on the review? 2. Can these tracts be put to another reasonable use under the present zoning? 3. Were the hardships created by the owners or due to circumstances unique to this property? 4. Is the current use of the property out of character with the sujf roundi ng lagoon neighborhood? 5. Is there a safe level of use for a 20' wide riparian lot? - - ■i Zoning File #941 July 11, 1985 Page 3 6. What combination of boat storage is acceptable? a) 1 boat over 16 feet in length only b) 1 boat over 16 feet in length only and 1 under 16 feet in length c) 2 boats each over 16 feet in length 7. Is there a special placement or pattern for dock construction that should be considered for these tracts? a) b) c) d) limit on dock width limit on widths of boat slips dock location within 20 feet width tracts cannot qualify for use of buoys in lagoon 8. Use of land tract; a) b) c) limit number of cars parked on land tracts to one no parking allowed on Shadywood Road for riparian tract users “ nice, but how do you enforce? other land use limits? If you approve of a conditional use permit and variance for the this application recognizing the riparian use of these tracts as a legal non-conforming use and approving the necessary variances to allow an accessory structure without a principal structure - consider the following findings; 1. The use of this lot as proposed will not create a hazard to the public safety. 2. The owner had established the present use of this property as a riparian lot prior to official municipal zoning and controls. 3. The property as subdivided in the mid 50's without the benefit of local controls, is a unique situation requiring special consideration. 4. The property because of its physical constraints, cannot be put to any other reasonable residential use but for limited dock use. For other findings check the conditional use permit and variance section of the code. For denial, please refer to the same sections. If approved the following conditons should be applied; 1. 2. refer to above sections - determine limits on use applicant must legally combine the four tracts as follows: a) Q & R b) O 4 P 3. Applicant and future owner of Tracts Q & R must agree to the tiling of these special covenants controling the use of these properties in the chain of title.i Kif.i it. U'.<-j V;<' C<X*‘U.ry(L( CITY OP ORONO - VARIANCE APPLICA Initial Application Pee $150.00 After-the-Fact Fees (Additional © "S f %,e<^2 5 I'i " j PROPERTY LOCATION Site Address Lagoon Riparian Lots Off Shadywood Road ____________ • . Property Identification Number (P.I.D.) 21-117-23-24-QQ22/3/4/5 i Please check one — Is the property abstract or X torrens? # Please attach legal description to application if not included on required survey. _ _ _ _ _ _J ui JQ416_ J ra c 0^ _Pj_ 5x_R_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Name Paul R. Nutt Phone 540-3588 Mailing Address 9200 Wavzata Blvd.. Minneapolis. MN 55440, (office)_________ _________________________1728 _Qpins tgok_ La neflyniguj.h ^_MN_^544J_Xhgmej_________________ OWNER Name Paul R. Nutt Phone 540-3588 Mailing Address per above Date Property Acquired 5/58 (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property _ _ _ _ _ _ _ _ _ _ __Residential Other (specify) dock DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail; pprmit ii*;p for docking boat VARIANCES REQUIRED Lot Area Setback Variances ( Other Lot Width Front _ _ _ Hardcover Side Rear) (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations;_ _ _ ___ _ _ _ _ ___ _ _ _ _ _ _ _ _—- - - DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: size of lot does not permit building_ ___ _ _ _ _ _ _ _ _ _ _ __— r. REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150 ' (you can obtain this list from Hennepin County Department of Finance A-603 Government 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 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. Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning 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/j^ knowl^ge. Applicant's signature _ _ _ _ _^^ OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, corsultants, agents, commission members, and Council members for purposes of investigation and verification of this request. . i Owner's signature _ _ _ _ _K \VxvSX_ _ _ _ _ _ _ _ _ _ __ Date - - Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the thir Monday of each month. ■P ,1 Paul C. Carlson 2735 Shadywood Road Excelsior, MN 55331 B Robert & JoAnne Gallagher 2730 Shadywood Road Excelsior, MN 55331 Patricia Dunshcath 2740 Shadywood Road Excelsior, MN 55331 William A. Anderson 2760 Shadywood Road Excelsior, MN 55331 Richard G. li Marlys J. Ogle 2922 OaK' /enue South Minneap- .' •. MN 554 07 Edwin Rawlings 2765 Shadywood Road Excelsior, MN 55331 David Hoffman 2675 Pheasant Road 5£) rh 8 / V v-2^ 2tl 'S. SC ■-< '- eOWTY- Vrvt Vo’ ¥-rr( ROAD ?V\*as*n' V'l'x*' %• [ VMi^Utu) U<v3Su<<t>^ HH>\ \ r\^Aj M ^Tit iMIli'i.'i 8 ioo%/ i ,-..i V .< I '> # ■ ^ '■ '^'• ^ YL*'' "^ a " f \'* ‘ rx-*-' *. ^ D ^ S'' 0^ ^ 5> ' a ^ ^ • % « t LvP*- .c / •<(jt W L IH '-. - CO^, 'll Y •2m-V • • TRACT C7»WER COMMENTS Tract E MN 0458DS Tract K 7808EG Tract N 8578 BL 5984 CU Tract O 5699 CU Tract R Tract S 6043 DW 8360 EA David Cook (not adjacent resident) 8012 Penn Avenue So. Bloomington, MN 55438 Tom Casey (adjacent resident) 2785 Shadywood Rd. 1 boat licensed to owner Excelsior, MN 55331 J.F. Fleischhacker (adjacent resident) 2775 Shadywood Rd. 2 boats licensed to owner Excelsior, MN 55331 (not adjacent resident)Paul Nutt 9200 Wayzata Blvd. Minneapolis, MN 5542G Boat license: Fred C. Eddowds 2748 Lamphere Dr. New Hope, MN Paul Nutt (not adjace:rc resident) 9200 Wayzata Blvd. No boat Minneapolis, MN 55426 John Thimmesh (not adjacent resident) 3430 Florida Ave. No. 2 Boats Crystal, MN 55427 1st Boat - 26* 1978 Fiberglass Sears License No. MN6043DW Expires: 12/86 Dean Lindbloom 2630 Fox Street Wayzata, MN 55391 2nd Boat - 22' 197S Fiberglass Sears License No. MN8360EA Expires: 12/87 Ronald L. Krueger 7276 Prairie View Drive Eden Prairie, MN June 26, 1985 John Thimmesh 3^430 Florida Ave. No. Minneapolis, MN 55^27 Jeanne A. Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Tracts S and T of RLS ^51 Dear Ms. Mabusth: This is to confirm our conversation of 6-26-85* My attorney William Soules has not had sufficient time to look into the matter of the Logoon Area docks. As soon as he has time to review the information, we then will take the appropriate action. •JTiWi FHiPlt] •IMJ^Ji lUHi KNWtl C33Y CF OaO P.O. Box 66 Crystal Bay, MN 55323 473-7357 N3TCE CF MARINA COMMITTEE Date of Notice 6/21/85 TO; David Cook 8012 Penn Avenue So. Bloomington, MN 55438 COPIES TO; type of APPLICATION; XXX Complaint Date of Meeting; 6/19/85 Vote:For Against XX No Action Required NOTES AND SPECIAL CONDITIONS TO direct you to file a variance to oermit an accessory use/structure on a lot that does not contain a principal structure. A variance to vou at the Marina Committee meeting. Please see that tne completed application is in to my office by Tuesday, June 25 in ord^I^r to meet the deadline of the July 15th Planning Commission meeting. Please remember that my files contain all of ^atio/needed to complete the -PPl complete the application and pay the fee of $150.00. Applicant's next schedued meeting is confirmed ‘as;,. Planning Commission XX Annlicant's next scheduled meeting is dependent upon receipt of additional rnformation. Deadline for the July 15th meetrng is June 25, 1985. # h TO: FROM: DATE: SUBJECT: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator July 12, 1985 #942 Arthur Finkelstein, 1740 Shadywood Road Variance Zoning District - LR-IC Application - Hardcover variance to construct a garage addition List of Exhibits Exhibit A Exhibit B Exhioit C Exh’bit D Exhioit E Exhibit F Application Plat Map Property Owners List Site Plan Submitted for permit Staff Sketch Hardcover Calculations The applicant is requesting a hardcover variance to construct a garage addition in the 75-250' zone. Existing hardcover in this zone is 34.5% including the gravel and paved portions of the driveway. The garage addition will be in front of the existing garage, covering mostly area that is already hardcovered. A number of rock beds underlain by plastic have been removed by the applicant since he bought the property in June, 1984. He also plans on removing portions of the existing graveled area south of the garage as well as portions of sidewalk, for a net reduction in 75-250' hardcover of 86 square feet, reducing the percentage to 33.7%. Note that the above figures are based on a sketch by staff. No survey has been submitted, but will be required prior to this application being presented by Council. Also note that portions of the house are located in the 0-75' zone, as is an older boathouse, clearly a non-conforming struc ture. The deck which apparently was constructed by a previous owner and is also located entirely within the 75' setback zone may qualify as non-hardcover if no plastic underlies it and the spacings are correct (not verified yet). Staff would suggest that if a combination of items to be removed or made into non-hardcover results in a significant decrease in overall hardcover, the variance could be approved. It should be made clear to the applicant that a survey is required. 4 V' ' CITY OF ORONO - VARIANCE APPLIC \aii\- . I^C Initial Application Fee $j .50 .00/(/sO. dl-i^r e^JIf-a^Urfonal project) After-the-Fact Fees (Additional $50.00 payment per each project) PROPERTY LOCATION Site Address ^ J Property Identification Number (P.I.D.) torrens?Please chec)c one Is the property _ _ abstract or Please attach legal description to application if not included on required survey. APPLICANT Name t *. vt j"* ^ \ Mailing Address 11^0 Phone ^ I hLn t\ K^faCis! J 0)5S3^)I /V4iiv >7 Vc 1. OWNER V Name Vc fC'iA^ L k^ v. « m Phone 4 7/ - ^ (c/j / Mailing Address I j, ■<?<• /) k CV Date Property Acquired (month/year) I (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 OP REQUEST Estimated Construction Cost $ S'CtT' A r Describe request in detail: \ f^- O. C^^-op ~{!c ST» (k- --v-. uu __ ____^trr_ 1 iCrtTri _ Tbr VARIANCES REQUIRED ^±±id ,>^v> ^ V ^a . ■ cV)» K/ :JJ V > Iv Lot Area Setbac)c Variances ( Lot Width Front I Hardcover Side Rear) Other (OVER) 1 rf i HARDSHIP Describe undue hardship or practical/; dl|fficulty resulting from strict enf^orcemenf of zoning regulations; -K. - 7/' ■’ .»-♦->« ^ - a _ , » s- ^ . . . . . . . . .. ^ w \ * \ *• • DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _’ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150 ' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (f 10 ) 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 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 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 OWNERS SIGNATURE 7 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 membe^ for purposes of investigation and verification of th:^s lequep^^. j Owner's signature X,' V / Date ^ 1 }J O A* 2 L _ __ _ __ _ _ _ __ _ _ _ _ Applicant must^liaW all submittals into the City offices 25 days before the Planning CommisSi.on Meeting. Planning Commission Meetings are held on the third Monday of each month. i ! tuic r;». r k 'es f,\ o» 0.19 ) HORTH vt-----SHORE------<'' , - : DR r - : (.«■'» l»» -*1 0) !«/. f (ii (««) ? jia)■IHi K©^ K©.50 ii . \ RUN DATE 07/0C/85 BATCH 002 PROP ADOR OWNER NAME TAXPAYER NAME/AOOR PROP ADOR OM^IER NAME TAXPAYER NAME/AODR PROP ADOR OUNER NAME TAXPAYER NAMC/ADOR PROP AODR 0M4ER NAME TAXPAYER NAME/AOOR HE»0JEPI»4 COU^^Y PROPFOTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 17-117-23 21 0002 J A K STRAMPE ARTHUR A DOROTHY FI?0(EL5TEIN 17^0 SHAOYWOOO ROAD ORONO MH 55391 36 17-117-23 21 0006 STATE LAND DEPT CITY OF ORONO 36 17-117-23 21 0019 01720 SHADYMOOO RO H A J KEENE WILLIAM H A JANICE M KEENE 1720 SHAOYWOOO RO ORONO MN 55391 17-117-23 21 002236 01760 SHAOYWOOO RO GAIL S BRINER GAIL S OPINER 1760 SHAOYWOOO RO WAYZATA MN 55391 REPORT NO. PI^35^01 PAGE 3 36 17-117-23 21 0003 J A K STRAMPE ARTHUR A DOROTHY FI^KELSTEIN 17^0 SHAOrWOOD ROAD ORONO MN 55391 38 17-117-23 21 0005 01719 EAGERNESS POllfT RO WARD F WELCH A WIFE WARD F WELCH 52 MILL SPRING LA STANFORD CT 06903 38 17-117-23 21 0007 STATE lAffD DEPT CITY OF ORONO 38 17-117-23 21 0 01710 5HADYWC00 HARRY L MEYER ETAL OP HAPPY L MEYEP 7CS^* PORTLAND AVE S MPLS MN 55^20 #942 38 17-117 23 21 0020 01790 SHAOYWOOO RO J A K STRAMPE ARTHUR A DOROTHY FINKELSTEIN 1790 SHAOYWOOO ROAD OPOW MN 55391 38 17-117-23 21 0021 01750 SHAOYWOOO RO GAM SWANDECK GEO C SWAf2?ECK 11021 ACDOrr LN MIN>4ETOrn<A MN 55393 38 17-117-23 21 0023 01770 SHAOYWOOO RO W A L GUSTAFSON RICHARD A CATHERINE BLACK 1770 SHAOYWOOO RO S WAYZATA MN 55391 TOTAL BATCH 002 00011 i I CERTIFY THAT THE FACTS REPRESENTED ARE AH ACCURATE ANT) TRUE REPPESENTATICN OF INFORMATION AS IT APPEARS THIS DATE Otl THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PPO^TY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. , , /I DATE 7 ' UHCM I BY V(4-iC :fr [0 if' .¥ % • • ... ^ ^ • • ' ^ *. • .*. « • ^ I I. : ^ ^ ■ -4.V • ^ * / * T * > ** • ^ • 4 / ii\r e.^1’ 'C» rJ H •o' fi V ♦ *•'1 * • • • * •» / * *% » .- • • / / / </// ' « ,1 / . *. • 3..r 1 :,>!•;■: • ^ Cr . * '. V. A • • • • I • C't'I.* •• . %* -‘ •• # •y. « / >-l>Ck.C3 V''-^<=:» <=^c=s NEW RESIDENCE FOR: F=n>^i^HL JOB NO. i-u::^ ca y. O Q 02i«o>-JO .-J wa rr:c:> PLAN W - — oA~T,~Z^ •4 - 4-“7 I — *’C?S I NUMBER pRrtiM OM. IT;c«a IT:OATtl Ca/ia/t/s FINAL DIM BT;CRO. BT:MTlb SHEET OF 4 p -. T >%« • - >:• i i . 1?**^ • ■» To From: Date: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator July 10, 1985 Subject: #943 John & Susan Purdy, 1975 Fagerness Point Road Variance Zoning District - LR-IC Application - Hardcover Variance List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - List of Property Owners Exhibit D - Survey With Notations Exhibit E - Hardcover Calculations The applicants are requesting a hardcover variance in order to construct an addition to their home, including a 10'x24' room addition and a 12'xl3' deck with hot tub. The new constuction will take place on the street side of the home in the 75-250' setback zone. This is another unique situation with lakeshore setbacks on two sides, and a drainage break within the 0-75' setback zone. From the traditional technical method of calculating hardcover, the following numbers apply: 0-75' 75-250’ EXISTING 1921 s.f. (24.3%) 1499 s.f. (16.9%) PROPOSED (NOW) 1921 s.f. (24.3%) 1776 s.f. (20.1%) 5 YEAR PROPOSAL 2640 s.f. (29.8%) Note that under the Purdy's proposal for future additions (5 year proposal) the 75-250' hardcover will exceed the 25% limit in the 75- 250' zone. The existing hardcover in the 0-75' zone causes the total existing hardcover on the property to exceed the 2,212.5 s.f. maximum hardcover allowable for the entire property. Because there is a drainage break which forces the majority of the run-off to flow to the east, I have also included in the hardcover calculations (Exhibit E) a set of percentages based on the drainage direction calculation method. Under this method the actual west draining hardcover is 17.3% and the east-draining hardcover will increase from 21% to 23%. Regardless of the method chosen for hardcover calculation, it is clear that there is an existing excess of hardcover, although this lot appears to have relatively less hardcover than many of the neighboring properties. Zoning File #943 July 10, 1985 Page 2 You may recall the Mortenson application, similar to and next door to the Purdy application. In that case, the 0-75' hardcover was at 13.2%, decreasing slightly to 12.6% as a result of their project, and in the 75-250' zone, an increase in hardcover from 17.2% to 27%, was allowed based on special treatment of the proposed deck. In that case, the final allowed hardcover for the entire lot was 2,052 square feet where the overall maximum normally allowable hardcover was 1238 square feet, i.e. 1.66 times the maximum allowed amount. In the Purdy application, a total of 4561 square feet is requested where a maximum of 2,212.5 square feet would normally be allowed, or 2.06 times the maximum allowable. To be consistent with the Mortenson application, the Purdy's equivalent request would be 3673 square feet allowed, so that 888 feet of Purdy's existing or proposed hardcover would have to be made non-hardcover. This amount is feasible if plastic is removed from the trampoline area rock bed, from under the existing rear yard deck, from the rock beds on the northwest and northeast sides o£ the house, and by removing the kennel patio blocks. The final actual hardcover numbers on the traditional method basis, for the 5-year plan, is a decrease in the 0-75* zone from 24.3% to 14.2%, and an increase in the 75-250' zone to 29.4% (or less if portions of the new hot-tub deck are treated and considered as non-hardcover). The Council has recently made a clear directive to staff that when existing hardcover exceeds the allowable amounts, any trade-offs will require a variance application and approval. The Council did note that they would consider an abbreviated variance format for certain types of applications where trade-offs were concerned, which would speed up the process. This format has not been finalized or init' sted as of yet. A other items to note on the Purdy application: 1. T^e existing garage is non-conforming in that it is located partially upon the road right-of-way. The Purdy's have indicated they with to add to it at some future date. Perhaps you would want to address that issue at this time. 2. There is an encroachment of hardcover from the Johnson property to the south, in which plastic-underlined rock beds were inadvertently placed over the lot line. These have not been included in the hardcover calculations for the Purdy property. (Note that staff will be following up on the plastic perforating that was to be done on the Johnson's rock beds.) 3. The Council has been discussing the hardcover concept at their recent meetings and has directed staff to investigate the City's concept, philosophy and policies on hardcover to determine whether any changes should be made in our current code or the way it is enforced. While this might have an effect on applications similar to Purdy's in the future, the Purdys wish to proceed as soon as possible in order to complete their project this fall. . Zoning File #943 July 10, 1985 Page 3 4. The applicants have stated they are willing to remove plastic from various rock beds and the deck area in order to make any trade-offs you require. Staff would suggest any recommendation for approval of the Purdy's 5 —year proposal should be-based on considerations as stated below; 1. Remove kennel hardcover 213 square feet 2. Remove trampoline area hardcover 360 square feet 3. Remove plastic from 10x16 deck 160 square feet 4. Remove plastic from NW and NE house rock edging 165 square feet 5. Allow 10x24 addition plus 12x13 hot tub deck 6. Allow future 16x42.5* SW addition 7. Allow future 12x24.1' garage addition - consider a rebuild to bring it within property boundaries. 8. No new plastic underlined rock beds allowed along future or pending additio>i. Based on these 8 items, the final 5-year hardcover numbers (traditional method) are; 0-75' = 1921-360-213-160-135+72 = 1125 s.f. / 7900 s.f. = 14.2% i.e. a reduction from 24.3% to '•4.2% 75-250' = : 499 + 277+792 = 2568 / 8850 29.0% i.e. an increase from 16.9% to 29.0% Or, a resulting net increase overall from 3420 s.f. to 3693 s.f., approximately equivelant to the magnitude of variance granted the Mortensons, next door. o T I L-r.. . I ^-i CITY OK ORONO - VARIANCK APPLICATION /Y t/ " ^ T Initial Application Fee $150.00 ($50.00 per each additional project) After-the-Fact Fees PROPERTY LOCATION Site Address ph Qd■ Property Identification Number (P.I.D.)in- ^3- K/ - Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name f^t\rct Phone Mailing Address OWNER Name _ _ _ _ _ _ _ _ _ Mailing Address P-i" • Phone /a- Date Property Acquired mk3 663^/ (month/year) I (do) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail: c^iA^u, fI'ott C?f~ Of'i'e tv c\x.^ > cv'V VARIANCES REQUIRED Lot Area Lot Width Setback Variances (Front _ Hardcover Side Rear) Other L_ (OVER) * r HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: DESCRIPTION OP UNUSUAL PROPERTY CONDITION S Describe unusual property conditions preventing compliance with Zoning Code Requirements; REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) Stamped, legal sized envelopes (110) pre-addressed to each of the names on the above list with no return address. 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 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 kjiowledgc. Applicant's signature OWNERS SIGNATURE Date 7" /O' The owner hereby ac)cnowledges 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 thi*" request. Owner's signature A tU-Vtcv ^.{,la f Date 7-(0 SS Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commi ssion Meetings are held on the third Monday of each month. I 'f f' '^■‘ > ^ 11\m- •» •• r\^ • <f MVER l4 MfEMJlN COUNTY SURVEYOR HENNEPIN COUNTY,MINN. rmJM6«.\CftU \.0. kI** fc'l4*7fe 4 RUN DATE 07/05/65 BATCH 003 HE^4HEPIN COUr^TY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE ^ PROP AOOR OWT4ER NAME TAXPAYER NAME/AODR 36 16-117-23 14 0004 01985 EAGERNESS POINT RD A I OPMEIM 4 M V OPHEIM ALAN I OPMEIM 1985 EAGERNESS POINT RO WAYZATA MN 55391 38 18-117-23 14 0005 01981 EAGERNESS POINT EPLING T FALK ETAL G RODERT JOMf4SON 1981 EAGERNESS POINT RD ORONO MN 55391 38 18-117-23 14 0006 01975 EAGERNESS POINT RO JOHN K PURDY ETAL JOHN K PURDY 1975 EAGERfiESS PT RD 0R0J:0 MN 55391 PROP ADOR OWf4ER NAME TAXPAYER KAME/AODR 36 16-117-23 14 0007 01971 EAGERNESS POINT RO TAP M0RTEN50N THOMAS MORTENSON 1971 EAGERNESS PT RO WAYZATA MN 55391 36 16-117-23 14 0008 01973 EAGERNESS POINT RD A R BACKSTROM ETAL A R BACKSTROM 1973 EAGERNESS PT RO WAYZATA MN 55391 TOTAL BATCH 003 00005 ^043 ■ ■ - ' , • ; I CERTIFr that the FACTS REPRESEHTEO ARE AM ACCURATE AfO TRUE REPRESEMfATlOM OF IMFOPMATION AS IT APPEARS THIS DATE OM THE RECORDS OF THE HEMMEPIN COUMTY DEPARTMENT OF PRQPERTt TAXATION. TO THE BEST OF MT KNOWLrOGE AND BELIEF. mM DATE 1 /•V )I »^ \ r Pago 1 Hardcover Calculations - 1975 Fagerness Point Road NOTE;All numbers refer to calculations and measurements within the actual lot boundaries. All Values ‘Asterisked are approximate and calculated by staff Total Area = *16,750 sf Total Area (0-75') = *7,900 sf Total Area (75-250') = *8,850 sf Total Area Draining East = *14,040 sf Total Area Draining West = 2,710 sf Traditional Hardcover Calculation Method A) Existing Hardcover 0-75' Lakeshore decks and stairs 100 + 154 +99+58+7 Shed Kennel Pad Rock over Plastic (trampoline area) Rear Deck Concrete Slab House Rock edging around house averages 3.2' width 24.3% (excluding Johnson's encroachments) Total 1,921 = 7,900 B) Existing Hardcover 75-250' 418 sf 52 sf 213 sf 360 sf 160 sf 17 sf *566 sf *135 sf 1,921 sf House &=*621 sf Rock Edging Around House ss *245 sf Front Step and Walk as 172 sf Front Stairs =s *20 sf Garage ==*441 sf s encroachments) Total BS 1,499 sf 1,499 =16.9% 8,850 C) Proposed Additional 75-250' Hardcover Addition minus existing rock and walk Deck with hot tub minus existing rock Step minus existing walk = 146 sf = 117 sf = 14 sf Total Net Proposed Additional Hardcover <=277 sf Final Proposed Hardcover Percentage =1,499 + 277 8,850 20.1%('7r- I D) 5-Year Plan Additions House Addition less existing rock bed 42.5 x 16 - 105 = 575 sf (503' in 75-250') Garage addition 12 x 24.1 (all 75’ - 250')289 ,3f Final 5-Year Proposed Hardcover 75-250' Percentage = 1,499 + 277 + 792 = 2,568 =29.0% (-7 2.P-7 •) 8,850 8,850 Final 5-Year Proposed Hardcover 0-75' = /‘12) - /JO fic^ Hardcover Calculation based on drainage break as a boundary A) Existing Hardcover Draining West Shed Lakeshore Decks & Stairs = 52 sf 418 sf Total V.’est-Draining Hardcover = 470 sf West-Draining Hardcover Percentage = 470 =17.3% 2,710 B) Existing Hardcover Draining East Kennel Pad Rock over Plastic (trampoline area) House Deck Slab Rock Around K'.svie Sidewalk + St'.ej. Stairs Garage 213 sf 360 sf 1,187 sf 160 sf 17 sf 380 sf 172 sf *20 sf *441 sf Total (excluding Johnson's encroachments)2,950 sf Total East-Draining Hardcover Percentage = 2,950 21.0% 14,040 Proposed Net Additional L.^ ’t Draining Hardcover = 277 sf Proposed Total East-Draining Hardcover Percentage ®= 2,950 + 277 >=23.0% 14,040 'A C) 5-Year Plan Additions House Addition less existing rock bed 42.5 x 16 - 105 = 575 sf Garage Addition 12 x 24.1 = 289 sf 864 sf Final 5-Year Proposed Hardcover, Drainage Break Method = 2,950 + 277 + 864 =’29.1% 14,040 Total Maximum Hardcover technically allowed within property boundaries = 8,850 sf x .25 = 2,212.5 sf Total Existing Hardcover = 3,420 sf Total Proposed Hardcover = 3,697 sf Total 5“Year Proposed Hardcover 4,561 sf r«TsTt ^liTilcWsl 01 •!• I raiwt] roiraiit MtXf RBv3 [•?sT«l jnd CITY OF ORONO - V/OIIANCE APPLICATION // /-SY") H (SC afU-c'lU A// 7/A rh pc ^^ Initial Application Fee $150.00 ($50.00 per each ac^diYional project) .fly-payiHUiTt" per-eAfter~the~Fact Fees PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) <^Q-f!~7' P 3^ Please check one — Is the property _ _ abstract or X. torrens? * Please attach legal description to application if not included on required survey. 1,^ mm mm mmm mm •• mm mm mm ^m mmm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm ^m mm mm mm mm ^m mm mm mm wm mm mm mm mmm mm mm mm mm mi mm mm mm mm mm mm mm mm mm APPLICANT Name _ _ _ _ _ _ _ Phone __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mailing Address _ _ _VL^M^^l STU- /Wa)_ _ _ OWNER Name ^<^4^Phone mi - Mailing Address 31X1 (lA*?stO _ _ _lJA*^2AtA-^ i^fO Date Property Acquired _ _ _Scrr . _ _ _ (month/year) I (do) Qono^ also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District _ _ _ _ _ _ _ _ Present Use of Property ^fsM£-*i7^Ah Residential Other (specify) & DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Qn FE aXJE l "TZ p t)iAiL RtMs________________________________________________ E VARIANCES REQUIRED Lot Area Lot Width P Hardcover — /Side Rear)Setback Variances ( /t? Front _____ other IS 1^' SfJT a/ICJC ^ /V tiltMT^ Vif' J^CTH (OVER) id HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; Xf*fAt£.6i4T^ /OA . ££.JLOOirt*\/C, X/Osr/«4.c.£A a^aiA DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS • I . % • Describe unusual proper ty conditions preventing compliance with Zoning Cod<a Requirements; (Ja. uur^ ru^ /fJsAh^vu. Ct._£X>IS7##V^ i»t4AuS,^ AAtJ^ ^^t*^4»ea-A u/^rw A dOi^Ay/i/^ Agyt>f/g 62ft l^VK> i.jg AAC,7- Oi^’ni/>/utA TyA 4tAr»/6. CA^Cc Tl/^vwi <i3cV!;s CrcN- - - - - - - - - - ^ — — — — — — — — — .V— — — — REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150 * (you can obtain this list from Hennepin County Department of Finance A-603 Government 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 including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign \ his application. Please remember that your variance application is not complete if the above information has not been included. *“ ** ** “* “ ** “ ** ^ « mm mm mm mm mm mm mm mm m mm mm iM mm mm ^m mm mm mm mmm mm mm mm mm mm mm ^ mm m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm ^ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning 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 o^ his/h^ knowledge. Applicant's signature Prl^C\ \^Ja44A±v\_ _ _ _ _ _ _ _ _ _ _ Date OWNERS SIGNATURE 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 Counci^l members for purposes of investigation and verification of this-^e "" Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. ';. 4! tViifr •llVli •iMtll:iHfilil I1VJ2I] ii«rA*i(i«iii \ .' : :• ::.*/ ** •I*. • . •;■ •• ••iVJr • "1141 ^viX^.:r. iniMfj *iaf- IS/ •' P-'-|p. •: Planning Coirmission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 7- PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. • NAME (please print)ADDRESS 4 "T'vavba 5 ■ J_k/a//iJ !^A K 6. /f/^f'L rJoflM 1, n>^,T]/ noisf 8 . 9. / j . 11. L\J H f^c ^ T7? a/ ^ / <v/ nu'fi s12 ______________________ Vp; y • 13 ^__AjiA_L1_.L_ • ■ V 4'« 4 A iV 17.J/fJ_ • . fc...i*..^.J 1i> »■ I J0. II ■«. • r ^ 18.,0-v*\Ln 13 . /' 4/^t^ 20.'^! 7^'/Y./<ulki firi- i_ 74-1S u)A^ IV V i>, i)^pi , NAME OR NUMBER PRESENT FOR (from agenda) £■ LAKE ^oT, ^76Y f sr /'rojL'j^Ar/A)c, "ai, ■ ^ 6'76 '■V34 'yf)/} ' /< 7 / y IniL'iu^ id/ /IL 74*'' r/5 ^^U■(\v U •, Cvv(^'>i<vl fV^j. / ■*■■ / * ^ ^ ^ /' /(* V ir^ sIaj / ^/O £Iu\oO(jU:)a /r If 7/ u C o W) . -Ct vC 'S-lAlt?.L A, r/k'0 i A^Z). ; 7 7s </ - .......................^ /., 7/ 97 7 li: 1 .=? [■ tOai -t 7^.... V4/::: /•'i cttr ,/// t •. ^\ Planning Commxssion Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 7*/^ ' PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS NAI^IE OR NUMBER ADDRESS ’5': * 1. f\ VA 11 % ^ u/r i ^ 3/^7 Ct41^ a<fi(L :£ 9/>/ J /^«7y "Sti /^:‘/U't. T//fyv —w L i ■ -1r. ■ ~ f ---------------------------— 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17- 18. 19. 20.