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Home My WebLink About08-19-1985 Planning Packet1 PLANNING COMMISSION MERTING MONDAY, AUGUST 19, 1985 7:30 P.M. 1275 BROWN ROAD SOOTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Tom Frahm ATTENDANCE '•M SCHEDULED PUBLIC HEARINGS 1. 7:30 p.m. #948 David C. Bell Investment Company, 565 Leaf St. Preliminary Subdivision 2. 9:00 p.m. Zoning Amendment ACTION ITEMS 3a.#941 3b.#946 3c.#951 4.#945 5.#947 6.#949 7.#950 8.#952 9.#953 10.#954 lx.#956 Tabled at July Meeting Variance - Public Hearing John Thimmesh, 2739 Shadywood Road - Variance - Public Hearing R. J. Bauman, 1040 Tonkawa Road - Conditional Use Permit - Public Hearing Variance - Public Hearing Variance - Public Hearing George Rovegno, 2010 Shoreline Drive - Appeal “ Interpretation of Fence Ordinance - Public Hearing Frank Kokesh, 4100 VJatertown Road - Appeal of Stock Farm and Home Occupation Sections Interpretation Public Hearing 9. #953 Chaska Marina, North Shore Drive - Variances - Public Hearing Conditional Use Permit - Public Hearing Variance ADDITIONAL ITEMS 12. Planning Commission approval of July 15, 1985 minutes. 13. Planning Commission to select representative to attend the September 9, 1985 Council Meeting. ADJOURNMENT I To:Planning Commission From:Michael P. Gaffron, Assistant Zoning Administrator Date:August 16, 1985 Subject: #948 David C. Bell Investments/Schoel1 & Madson, Inc. 565 Leaf Street - Preliminary Subdivision Zoning District - LR-IA Lot Area Required: 87,120 s.f. Lot Width Required: 200 feet Lot Area and Width Proposed: Lot 1 - 110,943 s.f. dry, 400 feet plus Lot 2 - 137,959 s.f., 260 feet at existing building List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - List of Property Owners Exhibit D - Preliminary Plat and Site Plan The applicants are proposing a two-lot division of this existing 5.9 acre "through” lot within the Stielow Subdivision. This property contains one existing house (rented at this time) and contains the remains of the Andromeda parish house that burned in 1976. The proposed division creates one lot which will access from Leaf Street (existing driveway) and the other lot accessing from Oxford Road. The final driveway location on this lot will have to be determined once a final house location and specific site plan are decided, so that driveway does not encroach on any drainfield sites. In viewing this property, you should enter on Leaf Street. The renters are aware that Planning Commission members will be visiting the site. The proposal allows the required setbac)cs for the existing small house, and leaves a substantial building envelope on each proposed lot. The correct drainage and utilities easements have been proposed along lot lines. A drainage easement exists along the channel which drains the pond on the adjacent church property and the pond area east of Leaf Street. This existing easement ranges in width from about 15' to about 90', and does not accurately reflect the roclc lined drainage channel as it exists. City Engineer, Glenn Coo)c has wal)ced the site and agrees with applicant that a 30' wide drainage easement centered on the roclc channel is more appropriate for this intermittent drainage channel. Note that the existing foundation and garage from the parish house actually straddles the proposed lot line. A condition of approval will be that this structure and foundation must be completely removed. Zoning File #948 August 16, 1985 Page 2 of 2 Reverend Glenn Chaffin of the Church of Religious Science tells me that the church uses the patio area just west of the pond area and east of the fence (North East portion of Lot 1) in their church services. While this does not necessarily affect the subdivision, perhaps the applicant and the church wish to pursue a revision of the plat to create a parcel to be deeded to the church. This is up to the applicant. There is an existing well located on Lot 2 that presumably serves the existing house on Lot 2. This well appears to meet the pertinent sanitary setbacks. A septic system drainfield testing report has been submitted, pro posing mound-type systems for all primary and alternate sites. Lot 1 - A 13,000 s.f. area has been designated for use as drainfield. The three perc tests made in this area were taken at depths of 12-16" and •• anged from 35 mpi to 80 mpi. The borings done on this site were no deeper whan 16". From my observations and the notations of the site evaluator, this area contains "fill" soils. My boring taken 8/15/85 to a depth of 5' indicated about 2-2 1/2 feet of clay fill overlying a layer of dark gray sand, possible the original soil surface which may be an old beach ridge. This sandy soil was quite dry and may be suitable even for a trench-type system. I would suggest that the applicant have additional borings and perc tests done in this area to determine the extent and depth of this sand layer. While the average of the 3 perc tests is satisfactory for con struction of a mound, I would hesitate to place a mound system over a variable and unknown fill layer. Lot 2 - Many borings to locate a suitable alternate site were per formed on this property by the site evaluator, and all indicated a seasonal water table at relatively shallow depths, and again a wide range in perc rates. The area behind the house and uphill appears to be a more natural soil, and with an average perc rate of 23 mpi, and slope terraces at about 10%, a mound-type system could probably be stretched and squeezed to fit the site. It is also likely that, based on the variable lenses of clay and sand in this slope, that a curtain drain might alter the water table so that shallow trenches could be installed. We have tried on numerous occasions to locate the septic system serving the existing house, but to no avail. There is no evidence of system failure, no visible surface discharge in the area, so the system is presumed to be in adequate condition. Staff would suggest that it is likely that the septic questions can be resolved with som3 additional site work and review. All other facets of the subdivision proposal appear to meet zoning zoning code requirements, and we would recommend approval subject to the following: 1. 2. 3. 4. Staff to resolve septic system issues with the applicant Drainage end utility easements as proposed. 30' drainage easement over channel as proposed Removal of foundation and remains of the parish hall. CITY OF OKONO SUBDIVISION APPLICATION FORM #948 f) f j j ' Dote R^c 'd FfC Roc'd^X:^9^^a ^0 ■ APPLICANT Name Schoell o. Madson. Inc.Telephone 546-7601 Mailing Address 10550 Wayzata Boulevard, Minnetonka. Minnesota 55343 PROPERTY OWNER Name David C. Bell Investment Co.Telephone 830-0080 Mailing Address 5241 Viking Drive, Ed1na> Minnesota 55435 (Attach list if more than one) PROPERTY LOCATION Street Address 565 Leaf Street, Orono, Minnesota Property Identification No. (P.I.D.)0511723410014 Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels 1 Development Size 5^6261 0.2772 5.9034 Acres Dry Land Acres -Wet Land (Existing drainage easement) Acres Total, all parcels Present Use (chec)t)Residential; no. of units _1 Other (specify) _ _ _ _ _ _ _ _ _ Present Zoning District LRiA PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites;1 1 Existing Units New Units Total Units Proposed Gross Density Units per 5.9 Acres Minimum Lot Size:107,113 Square Feet Dry Buildable Land Proposed Use; (checlc)Resi dentia 1 Other (specify) (OVER) mm MINIMUM MATKRIAL NKCKSSARY FOR COMPI.FTK PRKM MINARY APPLICATION 1. App 1 ic.it ion Comp 1 oteel 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized er volopes ( S 10 ) pi o-addressed to each of the name s on che above list with no .• turn address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _ MINIMUM MATERIAL NECESS7VRY FOR COMPLETE FINAL PLAT APPLICP.TION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final P’at Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _ •^EES Sketch Plan Review (Class I, II £. Ill) Preliminary Review (Class I i II Subdivisions) $150.00 $250.00 Preliminary Review (Class III and all non-residential) $300.00 plus 20.00/lot Final Plat Review (Class III) •(Plus any legal or engineering charges) $150.00* Applicant has read the above and hereby agr\-es to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. -/ /Applicant';. Sinnature * Date ^ SeTTOfel l &''HadsonT ’Inc.) •7 twner's Signature V v fi'Date / r . /Tarry l. H^mson' (for ITX. ¥eTT) Afjplicant niust Ii.ivt* all sul»mittals into the City offices 25 days before the Planning Commission M« cting. Planning Commi ;;s i on Meetings are usually held on the third Momiay of each montli. i * i M ^ RUN DATE 07/17/85 BATCH 00i MEftiCPIM COUNTY POOPtRTY iMroOMATlOM 5TSTEH PROPERTY C»«ER3 LIST REPORT NO. PI43S401 PAGE 2 .1 M. I CCRTIfY THAT THE FACTS REPCEStKTCO ABC AN ACCURATE AND TRUE »e»RC5INTATI0N Of IflfOAMATlOTT AS IT APPEARS THIS DATE ON THE RECORDS Of The Ht»A«PIN COU4IY OEPARIHtNT Of PROP^Tr TAXATIW, TjJ^THC BEST Cf nr KtONlEDCE AfO BUUf RUN DATE 07/17/65 BATCH 001 ; \ U • i--: f ■ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. P1A35401 PAGE 2 iisrv-' #948 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPEi}TY TAXATION, TO^THE BEST OF MY KNOWLEDGE AND BELIEF DAT M/fj^ % r I . .1 III i;^k'Lr - /op>c>c> 1,-JlM^JL ^ tSu-jj ,'s bo C.L.A -/ f-v^ U- »■ . 2, V^o •/ ■\^ y -» /■ /^ » 4 -T wCi?-t^tCe> cc' L^ Ai (^ZC>CiJv -sT* . <:::)F 3J) /0/» 3 K-«er ill!!! i ‘i . ■!. i i \ lii ! 1 iii r< i i :i :i »• j i|i •:> .1.1 t 1y < t 5 ^5T JT/<VOO \/(£^ T>is^ /!h^ acO I Pr'i. Coc)^ '^' ^ CITY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, August 19, 1985 at 9;00 p.m. on the matter of amending the Zoning Code, Chapter 10 of the Municipal Code. An amendment that will clarify and/or expand existing performance standards and the permitting process for the following: tree removal within 75 feet of the lakeshore, use of temporary dwellings, lakeshore setbacks and hardcover for fences and accessory structures within lakeshore yards, the keep* .jg of animals or stock within the rural areas of the City and acceptable uses associated with the keeping of animals or stock, new procedures for issuing land alteration permits, burning permits, survey requirements, together with attendent definitions. In addition, the amendments will clarify and correct clerical errors resulting from the recent codification of the code in conformance with existing codes All persons wishing to be heard will appear at this time- Writ ten comments are solicited. City of Orono By: Planning Commission A MarME. SCrnh n, Cit^\Administrator To be published the week of August 4, 1985 To;Planning Commission Members From Jeanne A. Mabusth, Zoning Administrator Date:August 13, 1985 Subject: Ordinance Amendment Staff has drafted an amendment to various sections of the zoning code for your review and approval. I am sending this item under separate cover a few days before receipt of your agenda packets in order to provide additional time for you to critique and if needed draft amendments to the staff's amendment. Briefly to review the intent or purpose of the proposed amendment; a) Definitions - need to define a commercial operation for the pur pose of interpreting other sections of code, definition for riding academy to supplement concurrent amendment allowing use via a condi tional use permit, expansion of lot line definition for purposes of clarity, need definition for yard requirements to distinguish between setback requirements. b) §10.03, Subdivision 9 D Much needed direction for accessory structures on lakeshore lots - note we're going to try once again for the 10 foot setback for detached garages. c) §10.03,Subdivision 15 - clerical d) §10.03, Subdivision 18 New land acquisitions have no bearing on increases in stock. More than a 25% increase in stock since effective date of ordinance re quires a conditional use permit. 3) §10.03, Subdivision 4 Need to establish bases in ordinance for staff issuing general permits for land alterations involving movement of 100 cubic yards or less of earth. f) §10.03, Subdivision 27 Tree removal within 75 feet of lake and replacement policy to be administated by staff. g) §10.03, Subdivision 3A Clerical error - original performance standards were omitted in codificaton. Ordinance Amendment August 13, 1985 Page 2 h) S10.20, Subdivision 3 Riding stables omitted - per amendment to follow, riding stables to require a separate conditional use permit. i) also §10.20, Subdivision 3 Clerical error in codification - re-position in listing - Section M has been amended to exclude special setbacks for barns and stables and included special setback standards in private and public stable sections. j) also §10.20, Subdivision 3 Riding academy requires a condition use permit - setbacks for instruction areas. k) Lakeshore Set Back Regulations Sub-section A - special setback and hardcover standards for lock boxes on lakeshore lots divided by a major thoroughfare. Per request of Planning Commission member we have also included special fence standards for lakeshore lots divir'ed by major thoroughfare. Sub-section B - the big change here is that all accessory structures are subject to average lakeshore setback standards. Should we keep special standards for privacy fences along side P lakeshore lots - see recent amendment of §10.22 attached to this memo. 1) §10.03 This amendment will provide the legal means to permit use of trailers or existing dwellings during construction of new residence. % o ORDINANCK NUMBER 9, SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE NON-ENCROACHMENT AND ACCESSORY STRUCTURE SECTIONS OF THE ORONO MUNICIPAL CODE The City Council of Orono Ordains As collowst SECTION 1. Chapter 13 of the Municipal Code of Orono is hereby amended by amending Sections 13.03 Subdivision 15(C), (D), (E), (F) and 13.22 Subdivision 1 to read as follows: SECTION 10.03 Subdivision 15 Non-Encroachments C- Fences which do not exceed 3-^/2 feet in height, fences not over six feet in height along the street lot line of lake frontage lots which front on a major . thoroughfare, if fill is reiojred, th.g^total combined height of^ bq^ fence and Tin shalT ^xceed fegt aoove the neigh t of the ^rown*~Qf the road, terraces, steps, uncovered porches, stoops or similar struetures, whicli do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. D. In side or rear yards only, bays not to exceed a depth of two feet nor to contain an area of more than twenty square feet, fire escapes not to exceed a width of three feet, fences and walls not to exceed a neight of six feet above original grade and open off street parking except for lakeshore lots, no fence or wall over, — ------ ---------- *• ^ ^ ^ ^ ^ i. M w V A. forty- 1 nche s l^t not i n excess q_f seventy-two inche s I~n neigh t above original grade ‘ may be ^located closer, to the she re 1 i ne— than t j^e average distance^ f r om the* shore line .o_f. exis_j^ing residence bui..Ldijigs on adjacent Fots, such fences shall not ^e constructed within 75 feet of the shbTclin~ ' ------ E. Rear yard only; balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as regulated hereinafter; ^no accessory structure sha1 1 be closer than fi ve feet from ^ rgar l_qt 1 ine nor sha 11 a fence o^ wa 1 1 constructed w_i_t2i_i_n a rear yard exceed a height <Tf six feet above or iq i na 1 grade. * -- - - - - - - - - - - -— - --— F. Side yards only; no accessory structure shall be closer than ^n feet fxom an^ l^t Une n^r sh^J 1 ^ fence o_r wall co^triirted within a side yard exceed a height of six feet above original grade. ‘ ‘ ~ ~ ------ SECTION 10.22. Regulations for One Family Lakeshore Resi dential Districts. Subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 f^iC^t_an_d. v; •: • * •• - JhLiJL_i_l_<5JLfVinL % Jill VI. OCVCIIC/— UWW AilUlltZd 111 IlCJL^llW ^ I. O ^ may be located qloser to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots. SECTION 2. Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in the Lake Minnetonka Sun and The Laker newspapers. Adopted by the City Council of Otono on this 28th day of January, 1985, by a vote of 5 ayes and 0 nays. I /botothy M^r^allin, City Clerk Mary C. ^tfVJer, Mayor \ \ * 3SS j . i DEFINITIONS "Retail Operations* - Operations where business is conducted by the sale or exchange of goods and/or services for money or other valuable consideration. ■Riding Academy* - A building, structure or other facility which is used for the instruction and training in animal care and handling by individuals who are not owners or residents of a property and such instruction is for a fee or other valuable consideration. ■Lot Line* - The property line bounding that particu lar lot except where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line. Yard Requirement - Those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. S 10.03 Subidvision 9 D No detached garage or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake, accessory buildings located within the street or rear yards of lakeshore lots are subject to the setback [uirements of S 10.23, Subdivision 6B, §10.24, Subdivision 5B & S10.25,req Subdivision 6B except that detached qarages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn-around is provided on site. S 10.03 Subdivision 15 Non-Encroachments. The following shall not be considered to be en croachments on yard requirements as outlined in Subdivision 14; § 10.03 Subdivision 18 JT, No new "stock farms" shall be created or existing stock farms enlarged more than than twenty five percent (25%) with animals over one old regardless of additions of land unless animals were continuouslyyear boarded from prior to 1975 subject to the same 25% restrictions except under the provisions of a conditional use permit. No other activity which would other wise require a conditional use permit under the applicable zoning section is permitted without such permits. § 10.03, Subdivision 21 Exception. The requirements of Subdivision 19 are not intended to govern the norm.al and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such a nor to anv movement under 100 cubic yards which does not adverselybuiIding impact the applicable drainage or involve any shoreline or wetland alteration. Such grading and earth moving shall be approved by the Building Inspector at the time of issuance of the buiding permit, providing that a plan showing property drainage and protection of adjoining property has been submitted. Any unusual earth filling or removal or grading shall be referred by the Building Inspector to the Planning Commission and the Council for action in accordance with this Chapter. 1 • \ i DEFINITIONS Page 2 S 10.03 Subdivision 27 Add the following: Tree Removal. All permits for such removal within 75' of the lake- shore that are required may be issued by City staff provided that at least a like number of replacement trees of a nature and placement acceptable to the staff are planted, any question involving the number of trees to be replaced will require Council approval. S 10.08 Subdivision 3 A Add following performance standards: (8) the special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; and (9) the conditions do not apply generally to other land or structures in the district in which said land is located; and (10) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant; and (11) the granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code; and (12) that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. S 10.20 Subdivision 3 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 100 feet from any lot line. (Re-letter K to M and vice versa.) K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidential thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled anHxea and do not require pasture for i Definitions Page 3 M. Animals (continued). feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acr •?«*. til not include low lying lands unusable for pasture or grazing. 7' <5^ ,oOn keeping such animals must comply with the provisions of the City Co^,--. Add the following: N. Stables and Barns - Private. The use of an accessory building for keeping animals for non-commercial purposes provided it is for the non commercial use of the property owner or resident and meets the available land standards outlined in paragraph M of this subsection. Further, no such structure shall be closer than 150 feet tc the nearest adjacent residence and no closer than 75 feet from the nearest lot line. Add the following: O. Stables and Barns - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such must meet the requirements of paragraph M of this sub division. Further, no such structure shall be closer than 150 feet from the nearest lot line. Add the following: P. Riding Academy. Any such instruction shall meet the requirements of paragraphs M, N and 0 of this subdivision and no such instruction shall occur at leust 100 feet from an adjacent residence or closer than 50 feet from a front side lot line. S 10.22 Subdivision 1 Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots: A. Shall be 75 feet for all structures except that fences under 42*' may be permitted within that setback area. On lakeshore lots divided by a major thoroughfare the following structures are permitted on the lakeshore portion of such lots within 75 feet of the lake and require a permit from the City: 1. lock boxes not to exceed 20 square feet in area and 48 inches in height; and 2. fences not exceeding 72 inches but shall not exceed 42 inches above the height of the crown of the intersecting road. B. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shore line of existing residence buildings on adjacent lots but not within 75 feet of the lake except that this does not apply to structures allowed in sub-section A above. I / i r»iar fi" .....«« -Jt Definitions Page 4 Within 75 feet of shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures except as permitted under Subdivision 1 of this section. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hardcover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hardcover. § 10.27 Subdivision 4 A. Subparagraphs M and N S 10.28 Subdivision 4 A. Subparagraphs M and N S 10.03 Subdivision 7 One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot except that staff may issue a permit to use a manufactured home or an existing dwelling while a new principal structure is being constructed. Such permit shall expire upon issuance of a certificate of occupancy of the new structure and such structure removed. S 10.31 Subdivision 14 Open Burning Prohibited, it is unlawful for any person to start or allow to burn any open fire on any property within any ”RS” District without a permit except as permitted under tthe Uniform Fire Code. I 1 a V To; From Planning Commission Members Jeanne A. Mabusth, Zoning Administrator Date:August 14, 1985 Subject:Conditional Use Permits and Variance review for non-adjacent land owners of riparian tracts within lagoon located 300 feet northwest of Narrows Bridge. a) #941 Paul R. Nutt b) #946 David C. Cook c) #951 John Thimmesh Zoning District - LR-IB Property - Four 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) Application a) Per Section 10.24, Subdivison 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 - Exhibit I - Exhibit J - Applications Property Owners Lists Plat Map Lagoon Lots - Subject Properties Record of Ownership Survey in Relation to Ownership Thimmesh Letter Cook Letter News Article 6/12/58 Survey Tract S & T Review of Individual Applications: a) Paul R. Nutt Mr. Nutt has owned four tracts (Tracts P & Q - 2 land tracts, and Tracts 0 & R - 2 riparian tracts) since the late 50's. Review Exhibits D & E. He purchased them from the developer and original owner of the area even before the covenants that governed the use of these tracts expired in January of 1965. Exhibit I will confirm that the Orono City Council was made aware of their sale and use by non-adjacent land owners back in 1958. Nutt is in the process of selling Tracts Q & R to another non-adjacent resident- He has agreed to file an application for the new owner. ■ . j . i Zoning Files #941, #946 & #951 August 14, 1985 Page 2 of 5 • u R & O 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 providiiiq a parking space for each owner. Access to these tracts are via Dick Ogle's property to the south. b) Donald C. Cook Cook has owned Tract E, a riparian tract since 1979 or 1980. The tract was originally owned by an adjacent land owner and when the subject owner sold his homestead lot, the riparian tract was not included in the sale but sold independently to Cook. The covenants governing the special ownership combinations for the riparian tracts owned by adjacent land owners e/tpiii..} in January of 1965. Cook has maintained 1 boat over 16 feet in length at the zero lot line dock since his ownership. Cook does not own the contiguous land Tract D. Dick Ogle ovvns Tract D. Cook effectively has no legal land access to his riparian tract. This should be resolved between the private parties. At present his only legal access to the tract would be via the public waters The land tracts serve as off-street parking for 1 car. Cook would be allowed to park on County Road 19 and use an adjacent land tract to achieve land access but this is not an arrangement that neither the City would condone via the adjacent neighbors. If these non-conforming uses are to be approved by the City, there use must in no way place any unnecessary hazards and risks in the use of the properties or create nuisances for the surrounding property owners or the general public. c) John Thimmesh Thimmesh is the current owner of recently combined Tracts S & T. This property remained with the original owner/dcveloper's fai^il^’ until 1984. It was the request of a potential buyer to build a new dock chat commenced* this year long review process. Tract S has had a zero lot line dock for many years. The applicant asks if this property could bo owned jointly with another individual. I have explained that this review may establish limits on the use of these docks so that joint ownership is impractical. He understands our concern but also asks that the City consider that a non- adjacent owner could maintain 2 boats in excess of the 16 foot length and not encroach on adjacent dock areas or create hazards for navigation within lagoon. I suggested that the City would be wary of the potential to rent or lease the second slip and add to the parking congestion problems within the neighborhood. He advised that this was not his intention but that he had planned at some future date to acquire a collector type boat in excess of 16 feet length. I advised Thimmesh to come back at that time to amend his original conditional use permit per Council approval. . I J Zoning Files August 14, 19. Page 3 of 5 Review of App In the J intense use Narrows Lago< Staff advise public healtl wide riparian The original provide prot- Rcjgistered La have long exp non-adjacent ? Single or r 16 feet in The Cit' process of re application properties, approving tha m.ainlake reta owners of Tra the riparian use of these WDuld require ■ruction that DTi record for id the survey an tract The Mari owners, two £ found it impo ship pattern & L and E. T! owners of the riparian trac six owners on for the this a legal non- • an accessory es - consider Issues for Co hazard to the 1. Can present ished on this 2. Were unique t Imj benefit of consideration. 3. Is 1 surround mot be put to < use. 4. Is t) 5. Shoi formal ; the rev; and used and variance ctions. nr3r r 1 Zoning Files #941, #946 & #951 August 14, 1985 Page 5 of 5 If approved the following conditions should be applied: 1. 2. refer to sections above - determine limits on use Nutt must legally combine the four tracts as follows: a) Q & R b) O & P 3. Applicant and future owner of Tracts Q & R must agree to the filing of these special covenants controling the use of these properties in the chain of title. • '<■ 4. Cook to resolve legal 1 issue and use of Tract D for parking of one car - City must not encourc.^e parking or County R' ud. 'i rnaam J ?V7C , d - ,<‘7- ». t ' ^ CITY OP ORONO - VARIANCE APPLICA'____ ^ Initial Application Fee $150.00 ^0.0(^if>^ eaolLaddijKional After-the-Fact Fees (Additional $50.00 payment per ^cn proj ©rg rv <>WI2 5I985 1 ! I :l ! * » t PROPERTY LOCATION Site Address Lagoon Riparian Lots Off Shadywood Road____________ • # Property Identification Number (P.I.D.) 21 -117-23-24-0022/3/4/5 £!ForplMjiT'i i I H >-r> • Please check one — Is the property abstract or torrens? Please attach legal description to application if not included on required survey. _ _ _ _ _Reqistere_d_ La n^ J ur JliO.t_s_ 0 Qj._R_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Name Paul R. Nutt Phone 540-3588 Mailing Address 9200 Wav?ata Blvd.. Minneapolis. MN 5544Q__(Qffi.C£j-------- ________________28 _Qpms toqX. ia ne ^ Plymojjth ^_NU_ 5544_7_{homej___________ 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 OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) dock *. •• DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: permit ii<;e for docking boat VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other (OVER) r HARDSHIP S'Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROJ’ERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: size of lot does not permit building_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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. 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 VC: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 Council members 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. • C-1 CITY OF OKONO ~ VAHIANCK APPI.3 •cc $150. I 'Kq 05- iAdu _ _ _ _ Initial Application After-the-Fact Fees PROPERTY LOCATION JUT 271 Site Address _^3p-_^ ^aV ^ CITY OF ORONO Property Identification Number (P.I.D.) ^h}jl ^ p j Please check one — Is the property _ _abstract or t-torrens? Please attach legal description to application if not included on required survey. APPLICANT Name ^-ykl-Phone Mailing Address OWNER Name r Phone lAo^tr Mailing Address P^~^V2- i4- ^/yX>)/L*<~^7^KJ /Y713 Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District ^ R — | ^ Present Use of Property V A Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail; /..7_ _ _ _ _ _ _ _ _ I VARIANCES REQUIRED V 3• ’ II Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other (OVER)i HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; /.c/:- .->7^_ _ _ _ _ _ ^1 . - -tkTMi t-C/ -- - - - - - - - - - - - -- -- - - - - - - - - --- • • ^ • » • * ^ - I 4 i — — — — — — — — — ““•"•'DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS ri--' I Describe unusual property conditions preventing compliance with Zoni ng 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-60 3 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. 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 i nf or mat ior. suppl ied is true and correct to the best of his/her Vnowledge. Applicant's signature OWNERS SIGNATURE Date The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission menibers, and Council members for purposes of investigation and verification of this request. Owner's signature Date 5 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planni ng Commission Meetings arc hold on the third Monday of each month. I f I * \ i CITY OF ORONO - VAK3ANCK APPLICATION Initial Application Fee $150.00 ($60.00 per each additional project) After-the-Fact Fees PROPERTY LOCATION Site Address ^ ^ Property Identification Number (P.I.D.) //~7 'Pi Please attach legal description to application if not included on required survey. APPLICANT Name “7c / H "7^ /I m rvi Phone Mailing Address 3 3 O /^/'oi ci(\ <3 7-C.7C¥ /^o_ _ _ _ __ OWNER Name -S Phono Mailing Address 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 L^~ /fi Residential other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: _ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setbac)c Variances (Front Side Rear) Other (OVER) I *11 I i ^ ♦ h1 HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTALS 1. Completed Application Form. 2.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. 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 Q^_ _ _ _ _ _ _ _ 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 Council members for purposes of investigation and verification of this request. r-7^1- - _ _ _ _ _ _ _ _ _ Date 7"7-^Owner's signature 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 eacli month. i e I f j Paul C. Carlson 2735 Shadywood Road Excelsior, MN 55331 Robert & JoAnne Gallagher 2730 Shadywood Road Excelsior, MN 55331 Patricia Dunsheath 2740 Shadywood Road Excelsior, MN 55331 William A. Anderson 2760 Shadywood Road Excelsior, MN 55331 Richard G. & Marlys J. Ogle 2922 Oakland Avenue South Minneapolis, MN 55407 Edwin Rawlings 2765 Shadywood Road Excelsior, MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 > ■ Qfoii-B Paul C. Carlson 2735 Shadywood Road Excelsior, MN 55331 Robert & JoAnne Gallagher 2730 Shadywood Road Excelsior, MN 55331 Patricia Dunsheath 2740 Shadywood Road Excelsior, MN 55331 William A. Anderson 2760 Shadywood Road Excelsior, MN 55331 Richard G. & Marlys J. Ogle Edwin Rawlings 2922 Oakland Avenue South 2765 Shadywood Road Minneapolis, MN 55407 Excelsior, MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 . f .1 n• i i ,1»1f ! d >aul C. Carlson >735 Shadywood Road excelsior, MN 55331 Robert & JoAnne Gallagher 2730 Shadywood Road ExceLsior, MN 55331 Patricia Dunsheath 2740 Shadywood Road Excelsior, MN 55331 William A. Anderson i760 Shadywood Road Sxcelsior, MN 55331 Richard G. & Marlys J. Ogle 2922 Oakland Avenue South Minneapolis, MN 55407 Edwin Rawlings 2765 Shadywood Road Excelsior, MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 r 1 »< r 4 5^. V* ' I>\ » \ \ V) *vr V“C^) \ Vto -V-Jj y; y - •' -tit: r' <V • V h s..K'<i <■)A ■ Pori of Lot 13 V, LrSrNoJ'^l. __ _______>j u'rrry — ^%<ls• M, c 'vnV >1 K ?N.' M) Z''^ »^ w > N. f. / .tf)/ / / N. (0. '.:,:-V •.•*/v‘ ^7 V B /‘V "'V / '> / (ft ;\' V N V, ,«.V ^pii VVM r (>a; 'W Itn\.\g \:_cn _ml 'CO , ?/-0') bx-' {^I'l '' ‘■» ‘<0.v V./ 29 ;#• 500' Sec record ptot for detolt of R.L.S‘i. \ B •9 ,\ NETONKA =y \ \ D I eOyKTY- -ROAO \iAc VoV*!!. • l^S o •• ff. fnH ;j': ■^vr;if j r-4'ic ■&. (\,w,\ Nof corntf o{ SutKt'j ‘^*L^M .uJ: »'M X> ■■ i«'-^. „o- \ TRACT Tract E MN 0458DS Tract K 7808EG Tract N 8578 BL 3984 CU Tract O 5699 CU Tract R Tract S 6043 DW 8360 EA OWNER COMMENTS 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 Paul Nutt (not adjacent resident) 9200 Wayzata Blvd. Minneapolis, MN 55426 Boat license: Fred C. Eddowds 2748 Lamphere Dr. New Hope, MN Paul Nutt (not adjacent resident) 9200 Wayzata Blvd. No boat Minneapolis, MN 55426 John Thimmesh (not adjac..nt 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' 1978 Fiberglass Sears License No. MN8360EA Expires: 12/87 Ronald L. Krueger 7276 Prairie View Drive Eden Prairie, MN I*- t « ' I > \fI I4A 5t 5>.-73? S June 26, 1985 John Thimmesh 3l\30 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 ^151 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. Sincerly, John Thimmesh PJt V JUN28BB5 ■s * i cT ty of orono li\J r |M David C. Cook V k 0 President Information Publishers, Inc. 6601 NX^st 78th Street, Edrna, Minnesota 55435 612/9 It June 24, 1985 JU25 S05 I' • .1 City of Orono P.O. Box 66 Crystal Bay, MN 55323 fllLPF OR;;:”' Re: Variance Application Dear Sirs: Due to the fact that my attorney is on vacation. I am unable to comply with the June 24, 1985 deadline to file a Variance application. Please advise. V L David C. Cook Distinctive Web Multi-Color Printing — Our Hallmark of Excellence ■ % . «■■ CXiy (F (TOO KH3CE CF MARINA COMMITTEE P.O. Box 66 . - /Ti /oe:Crystal Bay, MN 55323 473-7357 Date of Notice^^b/21/85_ _ TO; David Cook -COPIES TO: 8012 Penn Avenue So. Bloomington, MN 55438 ^ _ _ _ _ _ _ _ _ _ _ TYPE OF APPLICATION: XXX Complaint Datrof*Heeting: 6/19/85 Vote: 2 For Against XX No Action Required NOTES AND SPECIAL CONDITIONS To direct you to file a variance application with the City to permit an accessory use/structure on a lot that does no^ contain a principal structure. A variance to you at the Marina Committee meeting. Please see that th completed application is in to my office by Tuesday, June 25 in order to meet the deadline of the July 15th Planning Co^ission meeting. Please remember that my files contain all of the i Sltlon needed to complete the application - you need only to complete the application and pay the fee of $150.00. Applicant's next schedued meeting is confirmed 'as: Planning Commission 2i2i Applicant's next scheduled meeting is dependent upon >;eceipt of additional information. Deadline for the July 15th meeting i June 25, 1985. *"*ri 1* w Tract H, He^jlsterud Lmd Surrey Kvunljor A15, /ilea of Rcnlntror of Tltloa, subject to the following Hailtations, restrictiona tiad usest 1- 2- 3- Only one, one family dwellins sivJLl he enicted on said Tract H, irhich shall he a modem, year around otructure of not less than five (5) rooms with hath, utility room and double attached gara^, No trailer, hasemont hone, tent shack, ham or other outbuildings shall ho erected, either temoorary or ponaanent. ■Dwelling muat be set back at least sixty five* (65) feet from the sreeent water line of Lake Minnetonka and at least fifteen (15) feet from the elde boiirdvry lines. No boat houses, shelters, or docks shall be erected on the southerly shore of said tracts. Tract I, Registered Lrvnd Survey Number 416, Piles of Registrar of Titles, subject to the following limitations, restrictiona and uses: 1- ri This is H part of service roads to bo used by parties of the second part in conjunction with the ownors of other tracts in said registered ^nd surveys Nvuabor 356, Numbsr 411 and Number 415. Parties of the second part shall be responsible for their share of the Upkeep of that part of the service road which crosses or runs alongside of tholr tract with all users of said parts of service roads. These suld ro.ids shall first be graded and gravelled by parties of the first •D .rt. 3— no time shall parties of tho second part at tenet to monopolize or obstruct free traffic on said sorvlco roads. v Tract P, Registerod Land Survey Numbe* 415, Files of Registrar of Titles, subject to the following limitations, restzuctions and uses: 1-This ic a part of tho service road £D, Registered Land Survey Humber 41^ and IKPQT, Registerod Land Survey Number 411, and shall have no structures thoroon and ehall be used in conjunction with tho owners of other tracts in said subdivision. r /- /^ "tracts J and 0,. Registered L»md Sur\'ey Number 415, Files of R/jgistr.-.r of Titles ( subject to the following limitations, restrictions and uses: . I y 1-ThcBC aro Jenotrn as dockln/; areae. Per:r.anent Voat house, shelter and dock: XD/ij h . erected Tract 0. A enall dock and boat shelter inay b^ erectod in contt.’r of Tract J. close to shor^- and p*arallel to service road !• All of the above tracts shall be su\1oct to tho following liniltationB. restrictions and uses in addition to t)i08e set out above. i OL :c o •T ? c ® o o ^ ft 9Qm ri 3 3^0 3 3 ^ f; E 3 *1 sis;2.^ I- Q. ft oj; S=-<3S-3.?=tr5 r» m CL a ^ ftrr 1 3-^:: 2 ST ft 2 Si 3 o TT ®z. 3 M O 2 3 3 ft ft ft Can 5.2. o S. 2 o ' “ << o c 3 a f® 51I: rr ro i-w cr o •-I 1 i. 3-cr ? D O < 3 S ? cr V « 2 SoO*S ^ a ft :r. tr o• s O 3. SI sc 3 ^ ft ^ ^ 2 2 * s “ ° y ^ • fQ c** „ g S3'* 3Sg!r §=* o 3 1/1 o ft *-l •» tfj 3 S ^ Q n.*o ft (A » 2. — ft iT ?• 2 fr o o o ^ u•-a O tr a I--I •-I c < 3*3 3. 8“ § 3 O E ^ ^ E CLtlTTrr t» ft X c '■e-cr 2ft J.»cP s3 2.5 »» o. 2. K 5 »•» o “■5 tr 7? •- « - '’8^2 < o <2ft n.t'* g o o X ft W ft cr •D ft »> — ^5 ^ n o *0 3 ^ r* ft cr rt f^ptA p 3 •-* u•B cr r ^ o •j 2 ft “ cr V» ftcr D 2 ^ ft o w. S 0.9Q o o ri o X 3 ra. 5 J5 <rp Ma . ft CL ^ ro O o U> M3 cr C O S ft ft _ » cr 3 O ? vT S/ fc- ^ »w »w ,j ’o a cr a ft 5 3 ft I* ^ n - ft2.52.6. 3- ET t/i (r&•i O ° 3 O ft 3 ®3 2 a? < ^ 3 w-i O O It ft 2 5 ^ re < ? Pg. u> 3 o ft u. ft Z K r ^ t> cr 3 o H o o 3 ft E ? ft »-% ft? ft o ft DT ft 5; ‘f* 5 «<» tr £ »—.* O T-~« < O ‘f’O ^ ft oo ^ 3 o o ft 3 CL CL o n. X a a E ^ c- ^ tQ 3 s v-S o h: •-W 3 3o n ^ni-iStwOjJCC »-► t r* cr Ofa. C « ^ s:-1- ? PsT?5 « S **2 “o3 S cP ft — i-w CL ^ CC ft 3 ?o ft 5 *o § - 3 o 3 ^ O VI Z ft5-3 O e So'5. ^ •v IB 3 a- Z n ?T 3 E “ c 5 < f CL n ^ a ft CL - 3. Ci. E u•-» O IB a. ^ a •ES S t> 3 O ^ 3 3 •o ^ 2 ft ^ IB 5 X p ft c n u. ft M ft a IB ft J- a X ft ft O. TJ ftI a 8 X 3*—^^CLfvE" 2.5 ■ 5 cr <roE^ 0. 3 cl.^9 To :P]anninq Cori<n i ssi on From:Michael P. Gaffron# Assistant Zoning Administrator Date:August 12, 1985 Subject: #945 Robert J. Bauman, 1040 Tonkawa Road - Conditional Use Permit Application - Remove stumps, work with lakeshore bank area. List o£ Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Site Plan heavy equipment within 20' The applicant wishes to "clean up" his shoreline area using a backhoe to remove stumps and poison ivy. While no changes in grade are proposed from the existing steep banks, a backhoe working this shoreline will certainly have an effect on the ground cover and could open up the soil to erosion. Staff's purpose in bringing this application is to set some standards and restrictions on how the lakeshore work will be done to ensure that no sediment enters the lake as a result of the project. Staff would suggest the following measures be incorporated into any motion for approval: 1. A silt fence must be placed at the shoreline and remain in place during the entire project to eliminate possible sediment run-off into the lake. 2. City staff must be notified at least 24 hours prior to the work commencing. 3. The backhoe work shall take place in a period of time not to exceed 48 hours. 4. The disturbed areas shall be re-sodded within 48 hours of com pletion of the backhoe work. Sod shall be staked 3s necessary to ensure it holds on the steep bank areas. 5. No grade changes are anticipated or proposed as part of this project, and none are approved. It is likely that least one dead tree will be removed, the specific tree overhanging the dock area. I would suggest that the Planning Commission members visit this site and talk with the applicant regarding his project, in order to get an idea of the extent of work proposed. Note for the record that the applicant is constructing two additions to the house, for which permits were issued based on hardcover trade-offs prior to the Council directive that such trade-offs must be a variance application. f 1 i n '. c'.c • ClTi' OF ORONO m - GENERAL LAND USE APPLICATION ift' ^ """“ *" "" Jf # ^ r ~ ****^.'7jki “* PROPERTY LOCATION Site Address /O ‘■/O lOl^lTAC'^^^ ,90 O^O^JO H L/ Property Identification Number (P.l.D. ) Ov' 11 <0 3 / 3 0^/3 Please check one - Is the property _ _ _ _ abstract or _ _ _ _ _ torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. APPLICANT Nam- /? J BAUHA^/____________Phone ^ 7) '~ ^ Mailing Address /O^O 'T^^f^D______^Q/JG OWNER Name R J IP A'Cf H A ^____________ Phone ^ Mailing Address _______________________________________________________________ Date Property Acquired /// (month/year) - - - -^ I (do) (do noj;Jf also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS y $100.00 a) Residential accessory Use __ _ _ _ $150.00 b) Institutional (church, school, etc.) _ _ _ _ $150.00 c) Duplex Credit/Bldg _ _ _ _ $250.00 d) Commercial/Indp -ial Use _ _ _ _ $200.00 f) Land Alteratici. 'gilding, filling) PRD/PID - see fee schedule HENNEPIN COUNiy PINS SYSTEM Other Applications rjm l2/18/8<» REPORT NO PK34801_ _ _ _ $250.00 Vacation _ _ _ _ $250.00 Rezoning f CO ■ ft’ ” ” _ _ _ _ $^0r-0Q- Appeals -nTAL LABELS BATCH 001 00007 _ _ _ _ Other - see fee schedule _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—- - - - - - - - - - - - - - - - - - - -- - -- - - - -- - - --- - - - - - --- - - - - J . I* * I If ' Ci^ PHHSKNT USK OK I’KOrilKTY Present Zoniiuj District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST u, C&D^^ril^e ^quept ;in deta j 1: X.J u/ ^ / REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350 ' (you can obtain this list from Henne^.in 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. 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 hj.s/her Knowledge. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Applicant's signature OWNERS SIGNATURE Date 5~~ The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. G?Owner’s signature It,AATTlOy^----^Date Applicant must have a]l submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. . . . . ... . . . . . . . . . . . ... . . . . - ■ _ _ _ _ _ _ _ •t . ■' . • •i. \ 1 RUN DATE U/16/64 BATCH 001 HEm^EPIN COUriTY PROPERTY INFORMATION SYSTEM PROPERTY OWt^ERS LIST REPORT NO. PI<435^i01 PAGE I PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 13 0001 01065 TONKAWA RD HAROLD L CONRAD ETAL HAROLD L COfiRAD 1065 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0002 01075 TONKAWA RD JEROME W DIELTZ ETAL JEROME W DIELTZ 1075 TOfO<AWA RD LONG LAKE MN 55356 38 08-117-23 13 0013 OlOAO TONKAWA RD FLORENCE L LARSON ROEERT J A JOAN C BAUMAN 1040 TOrO<AWA ROAD ORONO MN 55364 - " ^ r - ‘■■f. * , ■ ■■ PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 13 0014 01020 TONKAWA RD JURGEN STIELOW JURGEN STIELOW 1020 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 13 0020 01070 TONKAWA RD THOMAS A PATRICIA RYAN THOMAS A PATRICIA RYAN 1060 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 24 0004 Carl D 4 R Marian Parten Carl 4 R M Parten 1025 Tonkawa Rd Long Lake, MN. 55356 K 38 08-117-23 13 0015 01030 TONKAWA RD MARJORIE F GASCH ROBERT H GASCH 1030 TONKAWA ROAD LONG LAKE MN 55356 TOTAL BATCH 001 00007 38 08-117-23 24 0005 Carl D 4 R M Patten Carl 4 R. fl.Parten 1025 Tonkawa Rd Long Lake, MN. 55356 38 08-117-23 13 0019 01060 TO^OCAWA RD THOMAS A PATRICIA RYAN GERTRUD E NOELTING 1060 TOrO<AWA RD LONG LAKE MN 55356 38 08-117-23 24 0002 Daniel C 4 Ruth M Parten Daniel 4 Ruth Parten 529 Janalyn Cir Golden Valley MN 55416 I CERTIPY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDGE AND BELIEF. I / /- 7 ^ DATE € To;Planning Commission From:Michael P. Gaffron, Assistant Zoning Administrator Date:August 12, 1985 Subject: #947 Norman & Christie DeWitt, 1180 Lyman Avenue Variance Renewal Zoning District - RR-IB - Two acre minimum Application - Lot area variance Lot area required - 87,120 square feet Lot area existing - 68,171 square feet less 3,018 s.f. in cul-de-sac = 65,153 s.f. or 1.496 acre Variance - 21,967 square feet or 25% List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map List of Property Owners Survey & Site Plan Resolution #1590 The applicant is requesting a variance for construction of a home on this lot at the end of Lyman Avenue. The lot exceeds the minimum 200' lot width. No other adjacent land is available. Access to the lot is over a private roadway off the end of Lyman Avenue. Copies of the access easement documents are on file. On-site testing was done on the lot in 1977 and again in 1979. The results of the testing indicate at least 3 sites are available on the property for suitable drainfield systems, (1 trench system, 2 mounds). On December 12, 1983, Council granted a lot area variance to Bruce and Terry Clark for this property - please review the resolution #1590 that was filed against the chain of title approving that variance. Note that a variance had previously been approved in 1977. As part of that approval, the Clark's quit-claim deeded a 5C radius portion of right-of-way to the City for a future cul-de-sac. Technically, this area can no longer be included in the lot area, hence the lot is now 1.^96 acres in area. The DeWitt's survey/site plan does not show the house meeting the required 50' front setback from the cul-de-sac, but Mrs. Dewitt has indicated the house location is flexible and they expect they will have no problem meeting the setbacks. Staff would suggest the following findings arc appropriate for a recommendation of approval of a variance renewal: 1. This parcel was created prior to the creation of the IB 2oning district. RR- I' itra~i I f ■ rr • IN - ■%m I iiaft ~ «rj -4 1 Zoning File #947 August 12, 1985 Page 2 2. No other land is available. 3, No other variances are requested. 4. A lot area variance for this property v;as approved in 1977 and again in 1983. 5. There is suitable access to the property. 6. Suitable drainfield sites have been located on the property. The building envelope is adequate for the current zoning district and consistent with surrounding development. 8. ^ quit-claim deed for future right-of-way purposes has been granted over a portion of this property to the City. /*76/0 ^ /SO UOLyi^t cun djL Initial Application Fee $150.00 '($50.00 per each additiona 1 projoct) After-the-Fact Fees f CITY OF OKONO - VARIANCE AI’PI.lCATION PROPERTY LOCATION Site Address //so Lj/iA^AstiC.194 7 Property Identification Number (P.I.D.) C5 S“' /! S ^ Please check one — Is the property _ _ abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name -> beW'TT Phone Mailing Address //S/ X ______/i OVmER Name v Phone ^ — Mailing Address ^•/d ^jg^cTT >___________ Date Property Acquired ^ 4 _ _ _ _ _ (month/year) I (do) Kro*Ti^t^also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property > "n - ' Residentia 1 Other (specify) description OF REQUEST Estimated Construction Cost $ Describe request in detail; A /^t£vJ —Qt:L Ac/i^ i.oJ ■_ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ ___ _ _ _ _ _ ___ _ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (_Front Side Rear) Other (OVER) > k ■ -r- r ^ .i HARDSHIP Describe undue hardship or practical difficulty result jffig fro enforcement of zoning regulations: J Z /or sj^e=-_ _ _ _ ~ - - - - - DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: jaJc LAt\4** iJ As/AILA&Lj£ _______________yp 7V<r ._ _ _ _ _ _ _ _ _ _ _ •_ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS /V •)(•^1. /Completed Application Form. Certi f ied Property Owners List of owners within 150 ' (you can obtain this 1 ’ -.t from Hennepin County Department of Finance A-603 Government Center 348-3^ ) j.) Stamped, legal sized envelopes (#10) pro-addressed toeach of the names on the ..above list with no return address. \ ^ ^ 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 SIGNAT The applicant hereby agrees to provide all information required or requested by the Zon i ng Ad mi n i s t ra t or, agrees to pay all fees and/or unusual expenses i n cur red in review of this application, and certifies that the information suppl ied is true and correct to the best of his/her Vinowledg'^. Applicant's signature Date /•ar-ar OWNF.RS 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 members for purposes of investigation and verification of thi^request. Owner's signature / I Date ib< Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commissi on Meetings are lie 1 d on the t hi rd Monday of each montli. i r/ ■tUif 1?. G, n »1 * r r r r t •• • • I^UN DATE 10/21/63 BATCH 001 HEWEPIH COUrm PPOPERTY IKTORMATIOH SYSTEM PROPERTY OmERS LIST PROP AOOR OWNER NAME TAXPAYER NAME/ADOR 36 35-116-23 34 0011 01200 OROMO OAKS DR THIS HII4ELIME MYOUNG LEE 1200 ORONO OAKS DRIVE LONG UKE MH 55356 PROP AODR OIJNER NAME TAXPAYER NAME/AODR 36 35-116-23 43 0023 0116(K LYMAN DARLENT>VpNp6tREET ET AL D LONGSTOrer^J MOROEM 966 Zyi^BAR t>4E PLYMBUTM MN 55A^7 36 35-116-23 43 0026 PROP AODR OWNER NAME TAXPAYER NAMi/ADDR BURLINGTON NORTHERN RY BURLINGTON NORTHERN RY 4- r o :soo CD U w ® ro Loal. cr>CU i • 9• • REPORT NO. PI435401 PAGE 1 30 35-110-23 43 0003 THE WELLING CO THE WELLING CO 16605 13TH AVE N PLYMOUTH MN 554<»7 r 38 35-118-23 43 0022 01190 LYMAN AVE 0 R DERGER30N ETAL L M i V PALLAOINO 1190 LYMAN AVE ORONO MN 55391 35 35-118-23 43 0024 01200 LYMAN AVE CHARLES E PEXA A WIFE CHARLES t CAROL PEXA 1200 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0025 Cl 170 LYMAN AVE 0 A E MOGEN OOMALO MOGEN 1170 LYMAN AVE WAYZATA MN 55391 35-118-23 43 0010 xXCITY OF LONG LAKE CITY OF LONG LAKE PO DOX L LONO LAKE MH 55356 TOTAL BATCH #799 I CERTIFY THAT THE FACTS RFPRFSFNTFO ARF AN ACCURATE AND TRUE RCPRESENTATICN of information as it appears this date on THE RECORDS OF THE HEN?I£PIN CO’JNTY DEPARTMCriT OF PROPERTY TAXATION* TO>,THE BEST OF Mf KNCULEOGE AKT) BELIEF. DATE rLKll lAAAi AVJfS * I \j/m I n ^ / Y • • N I* •• *■ • •. ‘A"■* ' .pint or Soj'voy X » V/* T-. Clevolflnd IU‘«ntl Survf y \' A‘N^v'-4^T]f7i»p^r',CoUijtyi Klnr.onot/i H-, •• \ I V :r i- •’ • i\ *’ • '^N^v'Ajrojpmpff.'Coiiijlyl • N.:; ,i-:f-S' N,,.:.. ;!yA:.v •:. wi <7^i. •••. V i.v .. X ..... \ i. • lU '• ■ • • ■J. t .» •/ • C.rf /57^oz^ t>^ ' SAC- ; •*.#947 COTl '! nf*s.tn .•;*;rv*'} : I r**l.h:• f V r^'^v i*' * t *•V'»v»*i*'.r.’'•r r-i-r •T'^ ! nr '1 <■*.*••* mrV • • i •• • 1 • ••■'.’ r.‘L ir; \h'r•••’.* V ili*.*.‘-r t '»•*. r • "n»i ur.c rf Ti?pr”; rr.*..ation ^ r r* riivj*' !. /. Iv*.:.*' r ” • 1. r-*—•T'^ ! nr 'I* ■*.*••* mrV .p*^„ p....;..j. "‘•'•..•J:.'':'''. ^ ‘■•'•ini ir: Ih” f*-’..*?' i/ii*. a ••‘—‘»!rrc r/f Ver'. =><■ - ’orTh«)<.nl rrrr.**- •■''' Vj*;'■1 ", v ir«*7, 'll* * r»tr'r r* * TiM-r-, V;« ri'r* ■»'. •■. • 1^- '^f?**.*^ ff** r-J*'orJ. V* : r'^r. I r or 1 r*'**o**r* •-•.?.nl f. r.r\lc: >;to ; o : •s r ' 11 >17-*; A 7ron T’cir/nr n :\. *o::ir. iC'Z..'. •.*v.oiHcn f>c\P^ S\.rv;';.v'r *iri'-’ *on/* l,*Ko, ^ ita %ri -II- -riirn^^ 7*^ - a - CITY City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1590 OF ORONO Granting A Variance To Municipal Zoning Code Section 34.840 - Pile 771 Whereas, Bruce Clark (hereafter "applicant") has an interest in the property located -t 1180 Lyman Avenue within the City of Orono (hereafter "City") and legally described as follows: Registered Land Survey No. 1067, that part of Tract A lying Easterly of a line commencing at most Northerly corner of Tract A, thence Southerly to a point in South line thereof, distance 120 feet West from Northeast corner of Tract B (here,'fter "the property"); and Whereas, the applicant has applied to the City for a Variance to Municipal Zoning Code Section 34.840 to permit the construction of a new residence on a lot with 68,171 square feet instead of the required 87,120 square feet. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. This application was reviewed as Zoning File No. 771. 2. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 21, 1983, and recommended approval of the proposed variance as amended based upon the following findings: a) No other land available. b) No other variance is requested. c) A lot area variance was approved in 1977. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. i I ^ i i A ; r ft: 4 'C : I CITY i ORON<^ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1590_ _ _ _ _ 5. The City Council finds that the conditions evisting on this property are peculiar to it and do not c,pply generally to other property in this zoning district: that granting the variance would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Section 34.840 to permit the construction of a new residence on a property with 68,171 square feet existing instead of the required 87,120 square feet subject to the following conditions; 1. Provide evidence of access/driveway easements to this portion of Tract A. 2. Satisfy the requirements of the on-site code for an on-site sewage treatment system. 3. Applicant to quit claim deed the remaining portion that abutts their property fc. the cul de sac. 4. Authorities granted by this variance run with the property not with the owner , but are permissive only and mur.t bf' exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 12, 3984). 5. Violation .of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and ohall be punishable- as a misdemeanor. 6. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of nimself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 41 a City of ORONO CITY RESOLUTION OF THE CITY COUNCIL NO. ^^90________ OF ORONO Adopted by the Orono City Council on this 12th day of December, 1983. ATT ;ST:CITY OF ORONO City Cl Deputy dfity Clerk Mayor Thomas H. Frahm, Acting Mayor \ PropertyDwner(s) Property Owner(s (3) Property Owner(s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. On this , _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _t 1983r before me a Notary Public with.n and for said County , personally appeared known to me to be the perso'»(s) described Tri and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free .ict and deed. NOTARY PUBLIC MY COMMISSION EXPIRES ~.c !:V j [\ CITY City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1^90 OF OROrvKD STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. On this 14th_ _ _ _ _ _day of February Public within and for , 198^, before me a Notary said County, personally appeared Bruce D. Clark, and Terry B. Clark, husband & wife known to be the person(s) described in and who executed the foregoing instrument^ and acknowledged that-he-(they) executed the same as-hi-s-Ctheir) free act and deed. I MICHELLE E. STARK ; NOTARV PUBL'C - IMNNCSOTA ! HENNEPIN COUNTY My Commiskion EapifSk F*b I IfM NOT J'laiL TARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of Public within and fo7 __ _ _ _ _ _ _, 1983, before me a Notary said County, personally appeared known to me to be the person(s) described Tn and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC f MY COMMISSION EXPIRES i r *•It!.6., :i To: Prom: Date: Planning Commission Michael P. Caffron, Assistant Zoning Administrator August 13, 1985 Subject: 1949 Gerald Anderson, 4495 North Shore Drive - Variance Zoning District - LR-]B Application - Average Lakcshore Setback Variance List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Application Plat Map Property Owners List Survey Hardcover Calculations The applicant is proposing an attached garage, living room, great room and deck addition to his home. The great room will extend into the average lakeshore setback area, while still maintaining a lake setback of nearly 180'. The house encroachment into the average setback is 9'. The deck will extend into the average deck setback a distance of 19'. Applicant has stated he will submit letters of approval from his neighbors. Proposed hardcover in the 75-250' zone has been calculated by staff as 24.4%, including the proposed deck. In the 250-500' zone, staff has calculated approximately 550 square feet of existing and proposed structural hardcover including sidewalks, old garage, and new garage addition where a total of IbbO square feet hardcover would be allowed, hence 1100 square feet of driveway can be added and still be within the limitations. Th’j would allow for an 18'x50’ driveway plus 12'xl5' backup apron. Based on these observations, the applicant can meet City hardcover requiremenrs without variances. Planning Commission may want to ask the applicant about his plans for the existing garage which is within the property boundary but opens directly out to the County Road. Does applicant have any plans on removing this structure? Staff would recommend approval of the average setback variances liOtwithstandina any objections from the neighbors. Applicant should be placec on notice that his proposal brings the property very near the allowable hardcover limitations. • 4- i’i6>n> Initial Application Fee $150.00 ($30.00 per each additional project) After-the-Fact Fees (Double application fee) CITY OF ORONO - VARIANCE APPLICATION PROPERTY LOCATION Site Address VV^5 Property Identification Number (P.I.D.)o7-in-S3,-ihoo o^ Please chcc)c one — Is the property abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name '6-NK.L-tH Phone - 7/// Mailing Address //^/ / ^ ^------41^1^ OWNER Name Jerr/ Phone 47,4i'' ^'^^ 7 Mailing Address ^-’r - - - - S € S 4- Date Property Acquired ^A. I ^ (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Other (specify) DESCRIPTION OP REQUEST Describe request in detail; Estimated Construction Cost _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _— VARIANCES REQUIRED Lot Area Sotbac)c Variances ( Lot Width _ _ _ Front Side Hardcover Rear) Other (OVER) HARDSHIP Describe undue hnrdship or practical difficulty resulting from strict enforcement of zoning regulations: DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Desc’-ibe 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 ( #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, an^certif ies that the information supplied is true and correct to the best of his/her ki.owledge. Applicant's signature OWNERS SIGNATURE Date The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Counc^ members for purposes of investigation and verification of tbis request. / Owner's signature of Date 8 - I Z- - Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planni ng Commi ssion Meetings arc held on the third Monday of each month. 4 I I- _v /A * “ »- .1 A /i V !• » .r^ ,V* .*• • 'JV *' • f 7 t' ■'r-A/t' . : >'« # ' \ -■ -S'.'^" '’'''y ' '■' ‘ i t rA--^\.-^^ ■ ■■ .' . V f/ ifn.. W-' i ■ ; // V \JC- :' y*^V'/ / %• / %* —'r/- •* # / !:J 1- ..* . ' 's\*u"0.>fll 'I y * / >jA. •W > / / / A*y\y V c- ./! y ’9/- i s c s. .VvT: v' '■ « ‘ U •■*^> , .45,^ • • X1 ^OL 4- f.\ . V i V. •*/ % 9 li • l'h,\ \0>'^ //^ ® \’ % “'' A^Avt-I '■■• ' 'czr '*•’ n //^ -.»' • *.r ^>«-:j. ^A‘•..'' •. ♦ \Ar_Lr ‘^Li^^- /Z_} •. ”- r.iii-------—.^ “ "M,! Ji ^ :rr; T~^»T» 7 , , iii.ri >• *RSFi'SM'/ ft/ \1 f / i / - -r -'- ??♦ .*■• A \< Mr. & Mrs. J.L. Thoisen Jr. Mr. & Mrs. Vigants 4465 North Shore Drive 4496 North Shore Drive Mound, MN 55364 Mound, MN 55364 Mr. & Mrs. J.T. Bessosen 4500 North Shore Drive Mound, MN 55364 Mr. & Mrs. H.J. Rigelhof 4515 North Shore Drive Mound, MN 55364 Mr. & Mrs. Peterson 4485 North Shore Drive Mound, MN 55364 I i F Certificate of Survey for Gerald L. Anderson of Lot 7, ’’Dergquist's Addition to Saga Hill Hennepin Co. Minn." .a •1 f. cr £xH.t> I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 7, "Dorg- quist's Addition to Saga Hill, Hen nepin Co. Minn." and of the location of all buildings, if any, thereon.of a •/ ’ It does not purport to shov; any other jr.provcnents or oncroachn'.ents, other / ^''£5 ■»an the hardcover surfaces on said lot COF^:!!! & GROK DERG, INC. tCCfC M.4vlr n r*rtn Hr* T-rr ^Vrronberg Reg Gordon R. Coffin Reg. No. 60C4 Engineers and Land Surveyors Long Lake, Minnesota Phc.ne 473-'ll 41 Scale Date o ■ 1 inch = 40 feet March 29, 1935, Roviced on Iron marker tncrclinc ooMar/5, August 9| 1985 to show existing houBOO on Lots 6 and 8 . HARDCOVER CALCULATIONS BY STAFF 4495 NORTH SHORE DRIVE Area 75-250' = 12,600 s.f. Hardcover, existing & proposed: House Attached Garage L.R. Front Walk Great Room Deck 1,130 s.f. 500 s.f. 90 s.f. 100 s.f. 650 s.f. 600 s.f. 3,070 s.f. 3070/12,600 = 24.4% Area 250-500* = 5,500 s.f. (south of right-of-way line) Hardcover, existing & proposed: Attached Garage 120 s.f. Old Garage 280 s.f. Old & New Sidewalk 150 s.f. 550 s.f. 1650 - 550 = 1100 s.f. available for driveway; 18'x50' driveway = 900 s.f. 15'xl2' backup apron = 180 s.f. It feasible to add driveway and backup apron and still kcv^p within hardcover limits. L , a I A'"* I j ORONO HARDCOVER CALCULATION WORKSHEET ^S7 LAKESHORE SETBACK ZONE A. Existing lot area in zone B.Existing hardcover in zone C. Existing hardcover percentage [(BtA) X 100) D. Proposed hardcover in zone E. Proposed hardcover percentage ((DfA) X 100) F. Allo\.ed hardcover percentage li 1 {'O 0-75'4800 sf 0 sf 0 0 sf 0 Vr>0 % 75-250'12600 s£1148 sf 9.1 1985 sf 15.7 yn 25 Vo 250-500 ’9500 sf 286 sf 3.0 %1750 sf 18.4 30 o/ / 500-1000'sf sf %sf /o 35 Vo Directions: A, y r r; r B C D Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. 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. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100 Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. - - E F Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. Allowed Hardcover Percentages - if the percentages in column E tor any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss th.e 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 bo necessary. ‘ ^ To:Planning Conunission From;Jeanne A. Mabusth, Zoning Administrator Date;August 13, 1985 Subject: #950 George Rovegno, 2010 Shoreline Drive - Appeal - Interpretation of Fence Ordinance - Public Hearing Pertinent Ordinance: Section 10.03, Subdivision 15 NON-ENCROACHMENTS - Amended 1/28/85 C. Fences which do not exceed 3-1/2 feet n height, fences not over six feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, if fill is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Other Sections of the Municpal Code appropriate for this review; SECTION 10.22 Regulations for One Family Lakeshore Residential Districts. Subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building, fence or wall over forty-two inches but not in exce.'^ of seventy-two inches in height above original grade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots. SECTION 9.21. PUBLIC NUISANCE. It is unlawful for any person to maintain a public nuisance by his act or failure to perform a legal duty, and for purposes of this Section, a public nuisance shall be defined as any of the following: (1) maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or, (2) interfering with, obstructing or rendering dangerous for passage, any street, public right-of-way, or waters used by the public; or, (3) any other act or omission declared by law to be a public nuisance. SECTION 9.22. PERMITTING A PUBLIC NUISANCE. It is unlawful for any person to permit real property under his control to be used to maintain a public nuisance, or let the same to another knowing it is to be so used. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Addendum Property Owners List Plat Map P3at of Rosanders Landing Survey of Subject Property Agreement Zoning Administrator's Letter of 5/20/65 Resolution 593 dated 4/22/75 Zoning File #950 August 13, 1985 Page 2 of 4 Review of Application: on or about the weekend of May llth-12th, the applicant constructed a orivacv fence within the lakeshore portion of his property divided by County Road 15/Shoreline Drive. The fence is 100% opaque 5'+ height within 30 to 40 feet of the lakeshore and along the edge of the Lver^r travelled road. The placement of the fence so close to the travelled road of County Road 15 was ru^aareement enclosed for your review (see Exhibit G). The fence run pLallel to the shoreline and appears to have been constructed aate or ooening. Iha City maintains a lake access located to the east of Applicant’s lakeshore parcel and to the west of the parcel exists another residential used property. Review Exhibit F. The public accesss is 25 feet wide and serves as a winter access to Smiths Bay. Review Exhibit I, the City resolution that placed limits on th^use of thi. access. Staff has taken photographs of the entire area for your review at our meeting. shoJI lot that is divided by a major thoroughfare would be allowed a 6 foot high fence along the street lot lines (lakeshore or homestead portron of property). staff contends this section only applies to lakeshore lots that have rear yards that abutt a major thoroughfare. I have enclosed a copy of the letter sent to the applicant advising of the City's matter. The applicant’s lot, as with many lots in our City that are divided by public roads or easements, are subject to the standards that oroteot the^viewing tights of lakeshore lot owners (75 feet setback and Lerage lakeshore setback standards). In this shore yard is intersected by a road, the rear yard does not thoroughfare but a residential lot line. The neighboring lots are also lakeshore lots divided by a public road and subject to the same standards ihat protect each owner's viewing rights of the lake. In the case of the Hehl application, her lake view rights were not protected unoer the existi^^g and now amended ordinances because her property _ !bitt or%un to the lakeshore -"'“/he was on the non-riparian side o^ the major thoroughfare. Section 10.03, Subdivision 15 (O laLshore lots that were adjacent to County Roads not be Ini- line Adiacent lot owners’ views of tno iaxe wouia nuu. affected by the placement of a fence 6 feet in height along the rear/s.reet lot line. The applicant may place a 3-1/2 foot fence access if that improvement does not crerite a sight p tne public access. 4 ■ Zoning File #950 August 13, 1985 Page 3 of 4 Planning Commission is asked to determine the true intent of the current amendment of Section 10.03, Subdivision 15 (C). If the final approved form of the amendment appears now ambiguous, remember what we were attempting to resolve during the amendment process. 31.433. Fences which do not exceed 3-1/2 feet in height, fences not over 6 feet in height along the front lot line of lake frontage lots which front on a major thoroughfare, terraces, steps, uncovered porches, stoops or similar structures, which do not extend • .ve the height of the ground floor level of the principal building anoi extend to a distance of not less than 2 feet from any lot line. Per our own code and the State Supreme Court, a lakeshore lot does not have a front yard or a front lot line. A lakeshore lot has a lakeshore yard or lakeshore lot line and a rear yard or street lot line. 78. "Yard, Lakeshore" - A yard lying between the natural ordinary highwater mark on the lakeshore and the required lakeshore setback line, for the full width of the lot. 79. "Yard, Rear" - A yard lying between the required rear yard set back line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line. According to this interpretation the applicant's lot ard the many others that align North Shore Drive, Shoreline Drive, Bayside Ro.i, etc. do not have rear yards along street lot line. These are unique lots with special concerns that need to be addressed in a code amendment providing a definition and special standards for their use. If you remember during the review of the Norris application on Stubbs Bay, Council recognized the need for special consideration for these lake- shore properties advising limits on the use of the newly created riparian tracts dividied by County Road 84 - no structures except for lock boxes and new fences limited to 3-1/2 in height. In the draft of the new amendment, staff proposed lock boxes without Council approval for such lots. Staff also must call attention to Section 10.03, Subdivision 14 & 15 that deals with structures allowed to encroach on special yard require ments. We have no special yard requirements for residential lots, only commercial. Legally, setback standards per Section 10.22 apply to all construction for residential lakeshore lots. Our proposed amendment should probably be amended to include either yard requirements for residential properties or amend Subidivision 14 & 15 to read non-encroachment on residential setback standards. Planning Commission is asked to consider an amendment of the code that would allow privacy fences (not to exceed 72 inches) within the lakeshore yards of lakeshore lots divided by major thoroughfares. r :1 Zoning File #950 August 13, 1985 Page 4 of 4 Review the proposed amendment A. S 10.22 Subdivision 1, Lakeshore Set Back Regulations, shoreline for lakeshore lots;The set back from the A. Shall be 75 feet for all structures except that fences under 42" may b.- permitted within that setback area. On lakeshore lots divided by a ma^or thoroughfare the following struciures are permitted on the lakeshore such lots within 75 feet of the lake and require a permit fromtne City: 1. lock boxes not to exceed 20 square feet in area and 48 inches in height; and 2. fences not exceeding 72 inches but shall not exceed 42 inches about the height of the crown of the intersecting road. Staff contends your current code, in light of the intent of our ordinances that govern the use of lakeshore properties, in no way allows a fence in excess of 3-1/2 feet within 75 feet of the lake because of the view problems and negative aesthetic results. Staff would hold that if a 1C qualifies for a privacy fence per Section 10.03, Subdivision 15 (C) that if the fence or section of the fence is located within 75 feet of the lake the sections within 75 feet of the lake would not be allowed. T .a- hcen in contact with the applicant for the past few months. Individual staff members have been out to the site and in contact with the applicant and all concur we have a severe hazard on our hands once that access IS open for public use. The applicant contends he asked me prior to a meeting if he could erect a privacy fence. I remember discussion of the need for fencing to discourage trespassers and problems with the public abuse of the access area. I still believe we can assist the applicant in controlling these abuses of his private property. Orono does not require permits for the installation of privacy fences when allowed, but please be advised that when such a fence is to be located along a County Road, staff inspects the site to assure there are no sight problems or hazards. appeals application and Planning Commission must determine if the subject fence meets the intent and standards of amended Section 10.03, Subdivision 15 (C) - a) Should this section be amended once again to provide greater clarity? b) Planning Commission may wish to discuss or amend proposed staff amendment of Section 10.22, Subdivision 1 A —(2) you will be expected to make a recommendation of approval or denial. #950 life. 30 oo "^.Ci ./»U. CITY CP ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 2 G/O S/)r'W'-^ Property Identification Number (P.I.D.) 'O '111 '0 3 Please check one - Is the property abstract or (for Conditional Use Applications only) torrens? Please attach legal d^cription to application if not included on required survey. 1i3 APPLICANT Name ^ A Phone Mailing Address ___________________________________ OWNER Name Phone Mailing Address Date Property Acquired / ^7C (month/year) I (do) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning ______ $100.00 Appeals other - see fee sc)i»jdule /v\. PRESENT USE OF PROPERTY Present Zoning District ^r-^ Present Use of Property ____________________ Residential _ _ _ _ _. Other (specify) DESCRIPTION OP REQUEST Descr^e^equest in de^il; *=$7^n^—' REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (110 ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 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. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, a^raes-t-o-pay a-11 foac and/er-onusudl'eApenooo inourrod ij^eviuw ot~Utib appH-eation-r-and certifies that the information supplied is true and correct to the best of knowledge. . Applicant's signature_ _ _ _*'/ _ _ _ _ _ _\ 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 Council members fer purposes of investigation and verification of tliis 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 •; *. . . . George F. Rovegno, Jr. 2010 Shoreline Drive Wayzata, Minnesota 55391 U S A July 26, 1985 Via Messenger Ms. Jeanne Mabusth Zoning Administrator City of Orono County Road 141 (Brown Road) Crystal Bay, MN #950 Dear Jeanne: Enclosed is my "Land Use Application" and check. I submit this in a continuing effort to cooperate with the City, and not because I feel it is required. Mark has assured me that you will prepare and recommend adoption of a zoning code amendment for our August meeting that even more specifically allows a fence such as mine, and that your staff recommendation on this application will be one of approval. In order that I can prepare properly for the Planning Commission Meeting of August 19, I would request that by August 13 you advise me of any and all reasons you believe that my fence is in violation of the code, and provide me a copy of your memo to the Planning Commission. Please call if you have any questions. Sincerely, r . Daniel Crear 1980 Spates Avenue Wayzata, MN 55391 Olai Hanson 1390 Railroad Avenue P.O. Box 129 Crystal Bay, MN 55323 Everett Miller P.O. Box 4 6 Crystal Bay, MN 55323 •fc. » ' 4 John T. Spence 2040 North Shore Drive Wayzata, MN 55391 Lyle Godfrey 2060 North Shore Drive Wayzata, MN 55391 F.J. Olden 1380 Railroad Avenue P.O. Box 72 Crystal Bay, MN 55323 Helen Bowers 2055 Spates Avenue Wayzata, MN 55391 Harriet Spates Tourangeau 2060 Spates Avenue Wayzata, MN 55391 Richard Stinson 2040 Spates Avenue Wayzata, MN 55391 ♦ MMMETTOM »# w - 4*. /r;y^^ /.• c* 4 /i iV ^ V ••^ 4I'Av » >,<•!./ >' •• *%'• *•• rl*'**! • / d<j''.^ ' s'-*.• . ‘.y). .V' y • •: ■• .7* ■• ‘••'• i/- ; ^ ■•'* ■. :r ••. - .* / ' . V t^j' f u c- iir■ i--: of ACPTErCKT Thl« agrecDcnt is made and entered into at of this • 15€4, by and between George f. hovegno and Susan ;)ane Povegno, husband and wife, and the Coun ty Board of the County of Hennepin, and is intended to serve ss •n agreement settling certain issues raised in Hennepin County District Court Cast Ho. HCe4-4S03N« HtCITAlS A, George F* Bovegno and Susan Jane Hovegno (the *Crantors*) are the fee owners of the land and iaprovesients located thereon situated in Hennepin County, Hinnesota known as 2010 Shoreline Drive, Orono, HH and legally described on at tached Eshlbit A. B, Hennepin County, Hinnesota has placed monuments pursuant to Hinnesota Statutes pises'"!!60.14 to control and de- liniatc the boundary lines of County State Aid Highway Ho. 15. A Highway Plat has been drawn and recorded in the office of the Hennepin County Recorder as Document No. 470134I on February 17, 1962. C, Grantors filed an Objection to Placeoent of Honu- irents Fi*in» and Deter»ing Boundary Lines pursuant to S160.14 of the Hinnesota Statutes claiming that the Highway Plat de scribed abo e contained a portion of their Property within the right-o. .ay of County State Aid Highway No. 15 which was not 1 - E>:hibll^r Page/, of ^iPagcs :'t. if ^ s.• . y' *M - . •I • • . i! f t r/.7 i •{ . ^ ■ i'l •« e —>» ir ] :- - - - -. • h CM CM toC5 • *. .* -- r- - ^\TT*V!^i/y ^ • • « • • b*li»9 used for hi9hw«y putpoaet, and that no cqultablt or leqal intareat to that property had ever been acquired by Bcnnepln Couhv' • A phytirAl €i«Bination of th« property by tbt interested psrtiet hss in fset disclosed thst the Highway Plat aa filed has included land '^wned by Grantors which is not in fact being used now, and wj ich in the past has not teen used for highway purposes, and h^s further shown that a portion of grantors land has only recertly been put to highway use* in consideration of the outual proBlses contained in this Agreeiaent, the parties have agreed and do hereby agree as follows: ACPtE^rNT Grant of Poadway Casenent, Grantors as fee owners of tht property described in attached Exhibit A, hereby grant to the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, a perpetual non*eicluslve public easement in^ over, under, upon, and across the •Roadway basement Prenises*^ (hereinafter described) for the following p<irposes: to construct, maintain, use, operate, alter, repair and reconstruct a public roadway including traveled Surface, shoulders, appurtenant roadway facilities. - 2 - ' / ^ « • • • m • . •. u _ _ _—i. •- — -. » 1 S • ■ i ■■ . • i. V L* < • / *■: \ J ■ m ri H \ Th, -Ro-dw.y E«..ment Prer.l...* *h.ll th.t p.rt Of tb. .bov.-d..cribed property owned by Ctentor. .. i. a„.ny Oc«crib«d on ettecbcd Cihlbit •. m Highway Meintenance end Otllltv Grantor, b.reby ,r.r.t to the County of Hennepin, . body poll- tic, and corporate a perpetual non-e«cloalve public ea.cMnt In. over, under, upon and aero., the ‘Hishway Halntenance and Utility ceoent Pteni.e.-, .. hereafter de.crib.d, for th. following purpoaea: (il to u.e In the ordinary course of con.tructlon, rcconatructlng. n.intalning and repairing the Hoadw.y located on the Roadway ta.epent frenl.ea, (but nothing contained hereon .hall be deened to perolt the expan sion of the roadway or any of it. appurtenance, .uch a. .houlder., drainageway. or ether .inilar Irprove- »ent. onto the Highway Maintenance and Utility ta.e- B«f>t Preol.c; however, .uch shoulder, and other road appurtenance, in place at of October 24, 19S4 say reoain and be oalntained by Hennepin County, but oay not be increa.ed or expanded beyond that which wa. in place a. of said date); (11) to construct, naintaln, use. operate, alter, repair and reconstruct overhead or underground electrical utility line., telephone lines, or under ground water, .anltary and .torn sewer or ga. line.. • 3 • • • • Exhibit^ Paoe^ of ^LPaocs •• - * • • •r.f /I ,1 t-a CM CM toC5 ki'. • T * 1I .• k, « • • Mothln9 conuined in tMa ^rant ihan ba dccacd to. permit tha conatructlon or maintananca of ovarhaad utility linaa for tha tranaoUaion of vary.hl^h voltasa alactrlclty, it bain, tha undaratandin, of tha pattlaa that tha „-.nt of thla aaaamant la ,ivan ao aa to lagltinlia tha utility .Inaa praa- antly located on tbaHi9hway Maintanaiica and Dtlllty Cacamant PraDlaaa. 'ro in.ura that naw utility .U„.a do not furth.r unduly burdan tha Crantora. or their auc.aaora or aaai9na, or Cbatruct their view of Uka Hlnnatenka. H.nnepln County .hall* cauaa any naw utility line, to be con.tructed balow jtound. Any daca9a to tha Mi9hway Maintananca and Utility £a.a»ant Preoiaa. cauaad by Hannapln County, it. a9ant. or enployaaa, ahall be reasonably repaired at tha arpanaa of Hennepin County. The 'Highway Haintenanca and Utility Caaaoant Praiy- i.ea- ahalJ »aan that part of tha property of grantor, a. 1. legally 'jaacribad on attached Eahiblt c. of Snow Panova] Grantor hereby Srant. to the county of Hannapln. a body politic and corporate. * perpetual non-axclu.iva public easabant upon and acroa. the •snow Hanov.l Eaaanant Preoiaea.* aa hereafter daacrTbad for tha sola purpose of parmitting Hannapln County to accumulate anow thereon as tha sane is thrown by snow plow, m the or dinary course of plowing „id County Hoad*, nothing contained herein shall be conatruad to permit tha storage on the Snow henoval Casement Preniaas of anow eacept that which ,ia plowed • aa described above. - 4 - • • a ' J y. ‘ V . l Tir I. J in s ; r%-.k:^ 7'*et‘.y - M : "•t.'vi; f 1 d"Ir.[•V I ^ k.-. !f- • • ar: ■ w i & ( dTTin I n'"mm n—i~irknT^'ii>i«# ■ «ii n. im leoriri m niMtfMaaiiiiiiiMh li III!I I I « • ■ 5- ‘■1 • £ I. Th. ”Sncw Kea-cv.; r^erent Pren^^i.e.* ,h.ll m.M'th.t of th. property of Cr.ntcr, „ l. Uq.Uy de.crib^l on Attached Exhibit 0. ♦. ^ndTent Of Hichw.y pi.r. Hennepin County .hAll' promptly prep.r. end file «:,.ndr.ent of it. Hlghv.y PUz. (which shall be in a form reasonably acceptable to Grantors) which amendment shall cause said Highway Plat to conform to th. Roadway £a,«.ent Premise, as described on Exhibit B. Any markers previously placed to mark the disputed boundaries of County. State Aid Highway 15 shall be removed and relocated so as to conform to the boundaries of the Roadway Ease«:>.nt Prem ises as described on attached Exhibit B. 3- SeLe.se of Interest. Hennepin County does hereby acknowledge that it make, no claim to any right, title or in terest in or to the land described on Exhibit A beyond such rights as have been granted in this Agreement by the Roadway Easement Prer.i.es. the Hi, ..y Maintenance th. Utility Easement Premises, the Snow Removal Easement Premises, and Drainage Pip. Maintenance Easement Premise, other than that portion of said land taken by Condemnation as described in Document No. 2Si335i. Hennepin County does therefore hereby discharge, release, guit claim and convey to the Grantors, their successors and assigns any other public roadway right, title, claim or any other interest it may have in the Isr.d owned by the Grantor, described on attached Exhibit A. except a. granted herein. - 5 - ♦ . • I « • • Pagci£. of /£Pagcs t . w •• • I• a t I • i • i ht llL ■ w r* « I Ml -li; I :v * ^ ■ k • < *• gop«truc».icn cf ffnce. Hennepin County doei here by acknowledge that'Grantors have reserved to thenselves the right to construct a fence or fences at or near the crest of ’ the eebankinent lying on the Snow Removal lasemept Premises, and *®** •**•*»* within the roadway easement premises and Highway Maintenance and Utility Easement Premises. The parties acknowl- edge the possibility that any fence so located may be damaged by the impact of snow thrown by snow removal vehicles, (oper ated in the usual, customary and prudent manner), in the, ordinary course of clearing County State Aid Highway Mo. 13 of snow. Grantors do hereby agree that they will hold Henr.epin County harmless for any damage caused to any fence so con structed and located so long as the damage is caused by the impact of snow thrown, (as opposed to driven into said fence), during such removal rather than by collision of snow removal vehicles with any such fence. Nothing contained herein shall be deemed to relieve Hennepin County or its agents or er.pleyees from liability for damage to any said fence caused by any means other than the impact of snow thrown thtreon in the ordinary course of removing of snowfrora County State Aid Highway No. 15. Prainaqe Pipe Haintenance Easement. Grantors hereby grant to Hennepin County, a body politic, a perpetual non-exclusive public easement to construct, reconstruct, main tain and repair a drainage pipe upon and across that portion uf the Grantors* property as is described on attarl.'d ET.hibit r. This easement is granted conditionally upon Hennepin County ' / • • * •• I Page^ of /£Pagcs '■n- I 'V. t • .*• ■ - ■h) • r r •• Lrv ::.V to C5 'fi VI I I ti J.i ••• . J • •:. Utf-': ifi ' Ji II;•f; ■ '■.'It. '« or L«.‘r lu, 31. ^ •» ln«t*llM uid •ilnt.ln.d i„ '* "*’* ‘‘ to CtMtor*. It g*id ^ •^ctptabl# •«l«J pipo I, not lntt«ll*d bv ..M - «y h... ... .... ^ ‘■'•• ««. 9r». •»- .«....;.r CrantM-t ut. of thi. . «innotonJt..tnif •Asement sh^li w •III- .uw d..„,„.. •bov* on .ny of tht -9u:a.ons an. oc.^ngnce. :::: Pl.c«nont of mcnlLlu ‘"*'‘’** P^vidm, for»cnum«ntf consistent with th*s s.,r, Boot. * ^*‘t]oment Agroo- IM WlTVrss WH£,i£or. the hAve •• •' >- ^d.y . .. ““f —i*iX.C<C. 1114.9- ^®^c.*?tr>Anci^(j for -Vc approvsl by Date A/i - 7 • %. • • - 4 . \'v • ■i.: • • # A f. s ^ r f h- ,€0 • / Exhibit^ Page.2 of /£J"agcs i n K . t r.f. »• • I j :'rt V#m Ci n IS# I N V V # \ Assistant County Attorney Ceoiqc r. »ov«s ntoi j /aM7/ 4i>/ 5us«n Jan«'Kovc9no ;Antoc COUKVY-Or HENNEPXMu Oat«:..oim Attest: Chsxxrsn ot its County fiostd (/ By -------------------------------- Clerk ot county Bo#rd-.'^fc*^jjy Oste EXHIBIT A All thst pert of the Northekst qusrter^of ‘^e South west quarter end Covernnent Lot deicribsd North, Rsnqe 23 West of ‘^•^^^,^f,.j.^,e5i‘corner of Lot 6 of «s follows: Conaencxng st the Southwest corn township Elbridge S. Barnes* ^thlSouthirly line of117, B.nge 23;.‘hence Southeasterly^.long the^^^ reiJ,‘-rhe‘t;uJ"iint of Oegi;ning^cf^th.^propepy^being^^^^ scribed: thence deflecting .j ^ 207.06 feet dis- in s line, said line j. thence South- tant froB the Southerly 1 ne ®f ‘for***!® Min- easterly along said parallel line tq the nctonka; thence Northeasterly ^ ^ . aforesaid Lot 6; thencetersecticn with the Southerly roe ® ‘foresaid^Lot Northwesterly along said Southerly quarter of the beginning: EXCEPT that part of se<‘tion 10, TownshiploJthwest quarter and <^overnrent Lot o S.-tlon^l^,^ 117 North, Range 23 west «f point'^on the Southerlyscribed as follows: ^^onnencing at a po^^^ subdivision in Sec line of Lot 6 of Slbridge S. di.,,nt 295.08 feet Southeast- tion 10, Township thence Southwesterly at erly frea „ jin, jo fLt to the Southwest- light angles fron said xyenue, said point oeing the erly right-of-way line o, being described thence con- point of beginning of snqles fron said Southerly line tinuing Southwesterly at rig* 9 distance of 50 feetj 101.)1 1...1 ‘loi il I..t to ..10distance of 102.31 feet iruth:ei:l!ir;"VL-cS-y line; thence Nor t^.westerly to the point of beginning. E)4iibl ^ Page/ ol /lPa9c s 1. # i- a . I r //•. z: j: ■. %• a'* •I !*-•• • : K • r i /■ ■‘‘i CO Ivl inf ) *'.* H d •l-v ‘'M :• ^ • I ijUAiJWAY lASIXOn' Vhlrh H '“«*u ID CXMblt A: th*nc. d.fi,ct^”i;^; tr: *®f • or;5'fr«v“ ® lln« «nd nr’feet^fouth* ‘outhttit^riynorth lln, or.iiTtr*«t'f:.':!' ‘®“^»>-«t;;r?;*o5*Jth# Abov# d€SCrih»H ^^iSVJf€d PAfAllAl «^4-k thftt riAr» __J .Alio ov* ------ '•f«in*ting. abovt <l*«etib«d^2o"foot'J!'' "®fthv«tt»rlv of rh-%r?rsr:r^'^'T ““ on anglt of 5«« with*'*^!!?***^**^^^ • Hr* drsM ** ‘^°*'n th«r*on distant 40*r n°rthwest*rJy lin* *outh*rly at of said trl^r “ *o«h ‘'0»t«rlv L\r*' • point........ .,o„,'::‘j H«. riHlBIT c «iCWAf W1,T,„,„ .... »-. .f ,„ lytno withifi 9t ^ ^ ji • ... corded plat therwf: * “ ** <" f^*t 51. octordf'J • • r-f? Exhibit^ Page^ of /iLPogcs «) '1. 'I'.: I' f u. I f • //•' •/i.f. •('*P. M % r -fVf 1# ’ • • I- - ».• : • Jo*-’: j'V.?-:)r' M ,'J : i . 4 >> CV)cv ^ i<: I ” i:•. ,»v ■;,U ■•< .*1- • •. J 9 • % . .-f,:i ) ^ • ;• t • • t * <i, !/*Ji'.-v 1t .• •»,!• ; •—* •. ”.------•• , - . V'* • ; . ' * * ' ‘ -------- - ' s •..*.-1^.1 ' ^— «• .. • » :%•- .• r- r. tnrL-. ./ flHIBlT 0 V<OU REMOVAL CASD(D(T AU thit pift of thf trod described it Exhibit A: lying within 30 feet northwesterly end 30 feet soolheesterly cf » center line being » line constructed equidistent between the northwesterly end sootheast- ** shcvn In Plat 51, according to the duly re- corded piit thereof. ^ EXHIBIT I • • •DRAIMCC PIPE HAIKTCKANCC LASDlChl S All that part of the tract described In Cahiblt A: • • which lies within 6 feel on each side of the following described line: Connenclng at a point on the northwesterly line of C.S.A.H. No. 15 at shown In Plat 51 distant 370.40 feet southwesterly of a right of way momimeni located on the northwesterly line of said road within lot 5, Cldrldge 5. Barnes First Addition, according to the duly recorded plat thereof; thence run southeasterly at an angle of 86® 25* with said northwesterly line (as reasured from north to southeast) to the shore of Late Hlnnetonka and there terminating. I,,. tin^ t,;fa,v.v!si o; i*w •4iuMcr>i; U)j»'T> jMt ts B6. a. > -I * •<*• •' ■t*3)'-"'t. : // 7 J 1 •j • ^• f * » iV^ lyy. r-f * **^*t"K'•ife ♦Km- > • \'¥ \' i-/ •' X '.•s* T.::-; V.- • 1 * Jhe-'-' -m-- a* V ''I',-f'l !•:‘.I»•. \t> »s -r • fi t * {• . t /r •.1^. u*r « •J H- CITY of ORONO L<CITY OF ORONO 1 >m Post Office Bo* G6*CrytUl Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka May 20, 1985 George Rovegno, Jr. 2010 Shoreline Drive Wayzata, MN 55391 Dear George: Unfortunately, I must send this letter to advise that the fence erected in your lakeshore yard on or about May 11, 1985 is in violation of the Municipal Zoning Code. The fence would appear to measure between 5 to 6 feet in height above existing grade, placed approximately 20 to 25 feet from the shoreline and at the edge of the newly defined right-of-way of County Road 15 that intersects your lakeshore lot. I cite for your con sideration Section 10.22, Subdivision 1 as amended by Council on January 5, 1985: Subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building, fence or wall over forty-two inches but not in excess of seventy-two inches in height above original grade may be located closer to the shoreline than residence buildings on adiacent lots. Although, I have not discussed this matter with you, it would be my guess that you erected the fence per newly amended Section 10.03, Subdivision 15 (C) that you helped author as follows: C. Fences which do not exceed 3 1/2 feet in height, fences not oyer six feet in height a long the street lot 1ine of lake frontage lots which f ront on a major thoroughf a re, if lAii required, the tota 1 combined height of both fence and f_i 1.1^ sha 11 not exceed ^ feet above the height of the crown of the road, terraces, steps, uncovered porches. stoops or similar structures, which do not extend above the heiglit of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Your lot, your neighbors' lots-all lots adjacent to the shores of Lake Minnetonka, where County roads, private roads, easement roads intersect lakeshore yards, are subject to the standards of our code that protect and assure the viewing rights of lakeshore lot owners. Bt’IlUISG * ZOMNC; - 47J 7357 • ADMIMSTRATION 4 riSANCl - 473 7358 • PUBLIC WORKS 473 7359 ASSlSSINt; 1 \ George Rovegno, Jr. May 20, 1985 Page 2 of 2 Section 10.03, Subdivision 15 (C) was intended for lakeshore lots that were adjacent to County roads along the rear property line. The intent was to shield the homestead from the lights and noises eminating from the use of the County road. The adjacent lot owners' view of the lake would not be affected by the place ment of a fence 6 feet in height along the rear/street lot line. As we determined in the Hehl application, the lake viewing right of a property owner on the opposite side of a County road, whose lot lines did not run to the lakeshore had no legal claim or recourse from the City. You should be advised that staff always makes a site inspection when a resident plans to erect a fence over 3 1/2 feet along County roadways to assure that safety standards are upheld. We do not ask that residents apply for a permit only that we check the placement for sight problems. As I interpret the Zoning Code, you may erect a fence within your lakeshore yards as long as it does not exceed a height of 3 ^/2 feet above existing grade. I must ask that you remove the newly erected fence within your lakeshore yard by Wednesday, May 29, 1985. If you wish to appeal my interpretation of the code, please file an appeals application with the City by May 24, 1985 so that we can schedule your application before the Planning Commission at their June 17, 1985 meeting. George, please give me a call if you have any questions. Sincerely, Jeanne A. Mabusth, Zoning Administrator cc: City Council Members HAND DELIVERED I * J • • • .• • 4 • o V • RESOLUTION NO. 593 A RESOLUTION DIRECTING STAFF TO RESTRICT USE OP LAKE ACCESS ON SMITH'S BAY WHEREASf The City of Orono has legal title .to property which presently provides lake access for vehicles and boats ■ near Paul's Landing on Smith's Bay on County Road 15, and WHEREAS, The use of that access during the months of March 1 through December 1 each year results in the creation of a traffic hazard for those using County Road 15 and for the citizens in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: 1. The use by vehicles and boats of the above access shall be allowed only during the time period of December 1 to March 1 each year until further notice. 2. The staff is directed to mark the boundaries of the access, to post the necessary signs to notify the public of these restrictions, and to close the access to vehicles and boats during the period of March 1 to December 1 each year. 3. In no way is the city abandoning its interest in the access by this action and the city reserves the right to change the restrictions on the use of this access at any time in the future. The foregoing resolution was adopted by the City Council of the City of Orono on April 22, 1975, by a vote of 3 ayes and 0_ nays. Robert L. Searles, Mayor ATTESTI - - -^ Walter R. Be^on Clerk-Administrator / ? . 1I i ■ p i• « t : To: From: Date: Planning Commission Jeanne A. Mabusth, Zoning Administrator August 15r 1985 Subject: #952 Frank Kokesh, 4100 Watertown Road - Appeals Application Zoning District List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G ■” - RR-IA Application Addendum to Application Property Owners List Plat Map Kokesh Letter of 9/13/84 Advert!sment Survey Pertinent Ordinances: SECTION 10.22 2. "Agriculture" - The utilization of land by raising plants, trees or shrubs or the raising of domestic animals or fowl, or both, for the purpose of selling to secure a profit. 5. "Animal Unit" - The following animals constitute one animal unit equivalency: one cow or steer, one horse, donkey or burro, three sheep or fifty fowl. 17. "Commercial Kennel" - Any premises where three or more domestic animals over six months of age, are owne , / bred or offered for sale. 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. 52. "Pasture" - Land used for grazing horses, cattle or other domestic animals. 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 where riding lessons may be provided. I . ^ Zoning File #952 August 15, 1985 Page 2 of 4 SECTION 10.03, SUBDIVISION 18 Subd. 18. Farming. 1975 shall be permitted to following conditions: All farms in existence on January 1, continue operation subject to the A. 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 bo detrimental to the public safety and the general welfare. B. The establishment of any new building for the housing of animals or fowl shall be located 150 feet or more from the nearest offsite residence. C. Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. One temporary business sign not over SECTION 10.20, SUBDIVISION 4 C. Home Occupations. Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employee assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than those permitted in R Districts are oresent, no excessive stock in trade is stored on the premises, over"the counter retail sales are not involved, the entrance to the home occupation is gained from within the structure, an., the use does not adversely affect the character of the uses permittee in the district In which it is located. A professional person may use his residence for consultation, emergency treatment or pertormcince of religious rites but not for general practice of his profession when such general practice will involve the need Cor more than three off-street parking spaces fc*. the occupant and visitors. SECTION 10.20, SUBDIVISION 3 P F. Recreation Areas. Private gun clubs, archery ranges, riding stables, ski slides, provided the area is fenced and no part of the principal line. use 1 s less than 100 feet from any lot SECTION 10.27, SUBDIVISION 3 Conditional Uses B B. Farms (Stock). Provided that the area is ten or more acres. Zoning File #952 August 15, 1985 Page 3 of 4 SECTION 10.27, SUBDIVISION 4 A K. Animals. The keeping of aomestic animals for non-commercial purposes including horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. REVIEW OF APPLICATION: In response to a persistent neighbor's complaint concerning an in crease in commercial activity and commercial use of the Kokesh property, the applicant has filed an appeals application in order to determine if a land use application is required. REVIEW OP OPERATION: The Kokeshes have operated their "stock farm" prior to 1975 - per Section 10.03, Subdivision 18, farms in existence on that date are permitted to operate without a conditional use permit as long as the stock is not increased more than 25% with stock over a year old. A conditional use permit is required if there is an increase in stock greater than 25%. The Kokesh homestead consists of 25+ acres. They kept 20 horses in 1975 and they now keep 25 horses. There has not been an increase of more than 25^ in stock - per this section no need for a conditional use permit. In the applicant's letter of September 1984 and in their attorney's addendum to the application, there is discussion of the various activities or uses associated with their stock farm operation: 1. Raise, train, buy, sell thoroughbred horses - they now race their own horses in Minnesota 2. Board horses 3. Training or riding academy - lessons provided on site 4. Sale of tack The applicant's attorney is correct, many activities are noted in the definition section but nothing has been specified in the zoning district designating these uses or activities as permitted or conditional uses or accessory uses. m Zoning File #952 August 15r 1985 Page 4 of 4 I appreciate Mr. Oberhauser's comments on the matter of a landowner's right to make a profit from the agricultural use of his property. Review Page 3 of his written statement. He relates to the purpose and intent of the RR-IA zoning district and the definition of agriculture. My question is; what is “limited agricultural activity"? Our code is very vague on this point. I went through the code looking for direction in the Thompson application and finally decided that in order to assure the integrity of his project to bring him in on a variance to the keeping of animals standards of the code. The type of commercial activities associated with horse boarding, breeding and training are not covered in our code. Per Section 10.20, Subdivision 3 (F) Recreation Area - Riding academy activities require a conditional use permit. I would suggest that the training and lessons provided by the Kokesh family be approved via a conditional use permit. Per Section 10.20, Subdivision 3 Animals and Subdivision 4 Home Occupation - As with the Thompson application - the breeding of animals for sale (domestic animals can be kept only for non-commercial purposes) re quires a variance to Section 10.20, Subdivision 3. The sale of tack cannot be permitted without variances to specific performance standards of the Home Occupation Section, Subdivision 4: a) evidence of the occupat'on is not visible from the street 1' over the counter retail sales are not involved The degree or level of tack sales (clearly over the counter) may be recognized in the formal conditional use permit for a riding academy and approval as an accessory, associated use if the sales are as seasonal as the Kokeshes have advised. Staff would appreciate additional input and some "innovative" insight from Planning Commission members on this application. Unfortunately, it is the lack of direction in our code not a matter of "conflicting sections" that will require the applicant to file a conditional use permit and possibly a variance. I await your recommendation. h . s t •» ► r-V 1 CITY OF ORONO \an^ r ' GENERAL LAND USE APPLICATION' PROPERTY LOCATION site Address: 4100 Watertown Road, Orono, Minnesota Property Identification Number (P.I.D.) |- j / ^ ^OQ-<^ Please check one - Is the proj>erty abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name: Frank Kokesh by his attorney Louis B. Oberhausor, Phone: 475-2401 Mailing Address: 1421 East Way^ata Boulevard, Wayzata, Minnesota 55391 OWNER Name: Frank Kokesh Phone: 473-1489 or 476-0457 Mailing Address: 4100 Watertown Road, Orono, Minnesota Date Property Acquired: Approximately 19^5^> (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - 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)Comtrercial/Industrial Use $200.00 f)l,and Alteration (grading, filling) PRD/PID - see fee schedule OTHER APPLICATIONS ._______ $250.00 Vacation $250.00 Rezoning XXXX $100.00 Ap[)e a 1 s Other - see fee schedule L pRESKrcT USE oy rjion.KTY rn-sent */V:)tiinq I)i*;trict: rrc'sont Hr.o of Property Hosidentih1 Other (s[>ecify) DESCRIPTION OF REQUEST Describe request in detail: RK^HJIKED SUHMITTALS 1. Completed Application Form. 2.Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on tlie above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Kip. 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 tlie Zoning Administrator, agrees to piy all fees and/or unutual exf>enses incurred in review of tias application, and eertified that the information supjilied is true and correct to -th<?"he3^'^f his/her knowlecJqe. Applicant's signature_ — Date OWNER’S SIGNATURE / Tlie ownt?r hereby acicnowledges and aqreos to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purjxises of investigation and verification of tins request. Owner's signal urtr Da t Applicant must have all submittals into tlie City offices 25 days tieforo the Planning Commission M<*eting. Plannitio Commission M»*etinus are held on tiie third Monday of »*ach month. \ !i f I { O'NEILL J. GRATMWOL 1905-1974 JAMES N. CRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JAMES M VENTURA PATRICK W. PARMATER JACK NEVEAUX GRATHWOL. OBERHAUSER & RANDALL, LTD. ATTORNEYS AND COUNSELORS AT LAW 1421 E. WAYZATA BOULEVARD • SUITE 210 WAYZATA MINNESOTA S5391 July 30, 1985 (612» 475-2401 CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 Attention; Jean Matsubcth, Zoning Administrator Re: Conditional Use Permit of Frank Kokesh Our File: 8014-1 Dear Ms. Matsubeth: There is a pending request for Mr. Kokesh to apply for a conditional use permit with respect to the use of his property located at 4100 Watertown Road. I have reviewed tlie zoning ordinance and the current use of the property and I am unaware of any conditional use permits that would be applicable and therefore, at the suggestion of the zoning administration, am appealing the request on Mr. Kokesh's behalf. Mr. Kokesh's property is in RR-lA which is covered by Section 10.27 of the Zoning Code. Mr. Kokesh’s lot size is over twenty-five acres and fronts on Watertown Road. Mr. Kokesh has operated the Last Straw Ranch on said property prior to 1975. In 1975 Mr. Kokesh had twenty horses on tlie pro perty and in 1985 he has twenty-five horses. Applicable parts of the zoning code are set forth below: Section 10.02 defines "stock farm" as follows" "a parcel of land comprising an area of ten acres or more than is used to house and feed six or more animals or for the raising of food." Subdivision 2 defines "agricultural" as: "the utilization of land by raising plants, trees, or shrubs or the raising of domestic animals of fowl, or both, for the purpose of selling to secure a profit." Section 5 defines "animal unit" as: "the following animals constitute one animal xwit, or equivalency: one cow or steer, one horse, donkey, or burro, 3 sh-ep or 50 fowl." #952 f m s H7 r- City of Orono July 30, 1985 Page Two #952 Section 17 defines "conunercial kennel" as: "any premises where three or n^ore domestic animals over six months of age are owned, boarded, offered for sale." Subdivision 52 defines "pasture land" as: " land used for grazing horses, cattle or other domestic animals." Subdivision 66, defines "stable or barn public" as: "a building or structure used or intended to be used for housing of horses, donkeys, burros, or ponies which are owned by those other than the occupants of tlie property randomously rented for a fee for riding purposes .’here riding lessons may be provided." Section 10.03, SiibJ. 18, allows "farms" as a permitted use: "all farmf in existence on January 1975 shall be permitted to continue operations subject to the following conditions: (a)No new stock farm shall f)e created or existing stock farms enlarged more than 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 being kept shall be determined. The site, design and method of operation shall be reviewed and the council shall find tliat the proposed "stock farm" is in existence but not in this opinion be detrimental for public safety and general welfare. (b) and (c) are not applicable. Mr. Kokesh oj)erates a "farm" as a premitted use because the same is ten acres or more and in operation prior to 1975. Since the number of animals have not increased by more than twenty-five percent, no condition use application is required. The definition of "stable or public birn" is somewhat confusing since this use is not iwintioned in tlie zoning co<le and as such I have considered the same to be descriptive of a commercial operation included in the defi nition of "stock farm". For the code to be consistant 1 am oper.iting under the assumption that "stock farm" is a farm in which animals are kept for comm»‘rcial purposes which can include either animals owned by occupants or animals tfiat are boarded for others. It would app«?ar that it would N? more essential to f<e concerned about the number of animals than tlie namt* of Uie owner. 1 City of Orono July 30, 1985 Page Three #952 § The current use is a permitted use that is supported by Section 10.27 which holds that the purpose of RR-1A is to provide a combination of low density residential and limited agriculturui activity. This definition of "agriculture" provides the land owner with the right to make a profit. All of the buildings being used within the area are a permitted use within the R-IA district. Allegations have been made with reference to some commercial uses, i.e., sale of tack and giving of lessons, but it would appear that this use is a permitted accessory use. Section 10.27 provides that tlie following should be permitted as accessory uses: (a) "Any accessory use as regulated in "R-IA" district and "animals" as regulated in Section 10.20, Subdivision 3, Subparagraph (m). Section 10.20, Subdivision 3, Subparagraph (m) makes reference to "Antenna Structures", I assume the reference is to Subdivision 3, Subparagraph (k), "Animals", which reads as follows: "the keeping of a domestic animal for non-commercial purposes including horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall bo located not less than 150 fuet from the nearest lot line. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of 0£5en jiasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at tlie discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of tlie City Code. This wo\ild be an extension and not a limitation on the pt^rmitted "stock farm'. City of Orono July 30, 1905 Page Four / (f .ILit i .••i'w ^■J C. "3 The sale of tack is covered by Section 10.20, Subdivision 4, as a kjpor- mitted accessory use. Subsection C, Home Occupations, reads as follows: "Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, wlien that occupation is conducted within the principal structure only, wlien evidence of the occupation is not visible from the street, no signs other tlian those permitted i in "R" Districts 're present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, the entrance to the home occujvition is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve tl>e need for more than tliree off-street parking spaces for the occupant and visitors. Since the commercial activities on the property are conducted by F’-s. Kokesh, and their daughter, Renee Kokesh, and they reside on the property, it appears that the commercial use is a p«*rmitted use under the accessory use provision of the zoning code. The various sections of tlie code as it applies to the commercial use of land in the RR-1A area for the operation of a farm for profits are at best confusing and in some cases contradicting. 7f the city wants to control the types of commercial activities that are conducted on the various "farms" in the RR-1A zone, all such farms should be required to apply for a conditional use permit. If, on the other hand, the city wants to allow for a variety of commercial activities associated with "farms" including the boarding of animals, giving of lessons, renting horses, selling merchandise and animals associated with the farm activities, as appears to be tlie case with reference to other farms in the area, then the city should not be selectively asking farms to obtain a conditional use permit because of a complaint. Under the terms of the toning Ordinance, I am at a loss to understand the basis of tlieir complaints with reference to Mr. Kokesh's operation. Mr. Kokesh would bo willing to file whatever application is requested by the Zoning Administrator or tlie Planning Commission if the various conflicting sections are interpreted as requiring same. If you have any questions, please g.ve me a call. ■1 Michael Plank 4145 Watertown Road ^ Maple Plain, MN 55359 Joe & Pam Sawchuck 4105,Watertown Road Maple Plain, MN 55359 Earlin & Elizabeth Kostka 4085 Watertown Road Maple Plain , MN 55359 Earl N. Dorn 4045 Watertown Road Maple Plain , MN 55359 Delbert E. Wilson 4040 Watertown Road Maple Plain, MN 55359 Robert C. Eckert 180 Hilltop Lane Loretto, MN 55357 Richard Hunt 505 Orchard Park Road Long Lake, MN 55356 Larry & Darryl Kostka 6436 Pagenkopf Road Maple Plain, MN 55359 rr- {.p- DATE; TO; FROM; September 13, 198^# Orono Village Council Last Straw Farm ^rank and-Sue Kokesh <^100 Watertown Road j) Mapl^P lalnT^lN' 5 5359 476-0<»57 In response to your request for further information about the use of our property at the Last Straw Farm. I hope the following will be sufficient. We purchased this property over fifteen years ago. Before doing so, we made sure the previous owners had boarded horses, and that there was a Grandfather Clause covering that. Wc have run a small private boarding and training facility for over fifteen years. There is no horse rental, all horses are owned by ourselves or boarders. Our daughter Renee' trains and gives lessons to people who board at our home as well as our with our own horses. She shows Hunters and Jutnpers in Minnesota and the surrounding states. Renee' has been chosen the last three years in a row for Olympic training. Our other three daughters also own several horses each, as do we. We raise, train, buy and sell thoroughbred race horses. Hunters and Dumpers. We have raced in Nebraska, Arkansas and Illinois, and this coming Spring, will race in Florida and Minnesota. The Last Straw Farm has put on through Dumper Inc., small shows for charity the last two years. The Orono Village and police, plus North Ambulance have been notified in advance. We also have taken out additional insurance to insure everyone's safety. We have always had a permit from the Village for every improvement we have dor.e to our property. We feel wc have been on good terms with our neighbors and have had no complaints, with the exception of one. Wc have twenty-five acres and have great pride in the condition of our home and property. We are continually making improvements each year and take the very best care of all our horses. If you have any questions, please feel free to stop or call at home U76-0U37, or call Frank at work 935-7006. Thank you. i K • •••* t Straw F^ . nr ■••?«"• -r'." '.training • boarding • ••.LtSSONS •SALts • :.i:,-jac < .SV^OW)NGj ■•/asScS ' ? « :':;;oooRmo.HG‘«H^ 0p489 . „APLt FtAlN ' •' "K »•* ir:";^ :v. •.;•:=?:■ '•;■*: .:!.•: ’V ^ ■^V\-^ t• < t 1 *• * ** • ‘ . • . -V/*. . ‘ . • .* tc ■*J V •*’• •* • •• . * "I**.?: r :;•••.• .’• •:. ...:., •.. :^. }' V - »■ ---Jl m'J ■ w jHauRww To; From: Date: Subject: Planning Commission Members Michael P, Gaffron, Assistant Zoning Administrator August 15, 1985 #953 Chaska Marina, 3340 & 3350 North Shore Drive Variances Application -Request variances to permit commercial open storage and parking of commercial and employee vehicle on property zoned B-2 but used residentially. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Applications I) 3340 II) 3350 Plat Map List of Property Owners List Site Plan Submitted - Proposed Uses Letter From Applicant's Attorney 8/5/85 Letter of Response From Scboeneman/Ramberg Hardcover Calculations Submitted Sample Chaska Marina Employee Acknowle.df;ament Staff Sketch lary of Request: Chaska Marina has long-term plans of expanding their operation to include property zoned B-2 located west of the marina property up to the Gayle's Marina property. Chaska has acquired two of the four parcels involved, both or which are bound on at least one side by properties still used residentially (see Exhibit H.) The Marina Committee and City Council have insisted that separate land use applications be made for each of the two separated properties, in as much as each substandard sized property currently contains a mixed use, with Marina employees or renters occupying the respective houses on the lots while employee parking and boat/trailer storage is also taking place on the same properties. In general, when the property between Gayle's and Chaska was rezoned from residential to B-2 commercial in the mid 1960's, the lisidential uses became legal non-conforming. Any change to commercial use requires a commercial site plan review and a certificate of occupancy for the new use. The Planning Commission's task is to review the proposed usage of these properties, realizing that our code has no specific performance standards for the mixed use, hence it is necessary to decide which residential or commercial standards apply. The Marina intends to demolish the house at 3340 as soon as possible. The intent is less clear for the house at 3350. Should the mixed use within this property be allowed to continue? Which use is primary? Which standards should apply? Finally, realize when discussing "mixed use" that we are dealing with; 1. mixed commercial/residential uses within a given piece of property, i.e. house and storage on same lot Zoning File #953 August 14, 1?85 Page 2 2. mixed commercia1/residentia1 uses within a neighborhood, i.e. marina next to residences. I. 3340 NORTH SHORE DRIVE This property is approximately 0.2 acres in area. The minimum lot area in the B—2 zoning district is 2 acres, with a lot width requirement of 200 and a lot -depth" requirement of 200'. B-2 "yard" requirements are: lakeshore yard 75'; side yard 10'; front yard along street 30'. Section 10.41, Subdivision 10 (B & C) states as follows; B. Setback to Re.'idential. No operation or activities except for storage and parking may be conducted closer than 50 feet to the boundary of an adjoining property line which property is used for residential purposes. C. Setback Along Streets. No operation or activities except for storage and parking may be conducted closer than 50 feet to the right-of-way of any existing street, road or highway. The same hardcover limitations apply as for the lakeshore residential zoning districts. In the B-2 standards, per Section 10.41, Subdivision 5 (P), parking is not allowed in any required yard or landscaping area. The landscaping areas required are 10' on the side lot lines, 10' on the street lot line, and 10% of the average lot depth on the lakeshore (in this case, lot depth is about 200', so the landscaping area must be at least 20'). No uses other than landscaping are allowed in the require I landscape area. Also, remember our "R" districts standards on screening and storage. Section 10.60: ^ Subd. 10. Screening Required, required in residential zones where;Screening shall be A. Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line, and. Where the driveway to a parking area of more than SIX parking spaces is within 15 feet of an adjoining residential lot line. Subd. 11. Screening, Type of. The screening required herein shall consist of a solid fence or wall at least 50% open, not less than four feet nor more than five feet in height but shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street right- of-way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it biocks direct vision. Planting of a type approved by the Planning Commission may also be required in addition to, or in lieu of, fencing. w # Zoning File #953 August 14, 1985 Page 3 Subd. 12. Maintenance. In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. Subd. 13. Exterior Storage in "R" Districts. in all "R” Districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house, and a distance of 10 feet or more from any property line. Based on the B-2 regulations, it would appear that no parking is allowed less than 75' from the lake, 30* from the street lot line, and 10' from side lot line. The applicants request that vehicle parking be allowed over the entire 30' street setback area and up to the east side lot line. The applicants propose trailer and boat storage on the lakeshore side of the house in winter, and mostly trailer storage in summer, meeting 10' side and 20' lakeshore landscape area setbacks. The B-2 standards do not pro- "storage" in the 75' lakeshore setback area, hence the question becomes, do stored boats and trailers constitute hardcover? If so, we have a variance to consider; if not, the storage of .>oats and trailers might be appropriate if properly screened. What limits should be placed on the numbersize/height/screening/location of boats and trailers stored? The house on this property is in very poor condition but is currently being lived in by a marina employee. The applicant intends to demolish this house by the end of August, 1986 or sooner if he obtains permission from the owners (Chaska is purchasing on a C.D.). For the time being, the residence is barely habitable ard possibly hazardous. If this can be termed as rental property, the City can inspect and if health and safety items are found lacking, the City can force the issue, perhaps speeding up the demolition schedule. Mr. Douglas, attorney for the applicant, has discussed the other issues relating to land use in his letter. Planning Commission should review the specific items and the proposed solutions to determine whether they are acceptable solutions to the specific problems which have surfaced over the last two years. Also, read the Schoeneman/Ramberg response to the Douglas letter. 4 Zoning File #953 August 14# 1985 Page 4 To summarize, the issues for you to address are as follows: 1. Variance to allow parking of vehicles in yard and landscaping setback zones, and screening of same. 2. Limitations on storage of boats/trailers in lakeshore yard area 3. Residential use of the existing house. 4. Items II (A-G) of Douglas letter Additionally, the issue of usage of the dock space, although not specifically a land use issue, should be addressed. At this time there are no complaints outstanding regarding the use of dock. To staffs' knowledge, the existing dock is used for staging of repair work. However, if the docks are being rented out, technically, the are subject to a commercial marina license review. As the property becomes totally commercial in the future, the applicant will be subject to LMCD regulations on the number of slips allowed. For the time being, what type of use should be allowed for this dock? Presumably, staging of repair work will usually involve only marina employees. Rental slips likely will involve the public, with a potential to cause additional trespass problems, littering, etc. unless the customers are adequate}y controlled . On the other hand, staging of repair work may result in much more daily activity on the property than rental slips. II. 3350 NORTH SHORE DRIVE This property is approximately 0.25 acres in area, containing an existing rental house in reasonably good condition, and is currently used also for storage of boats and trailers, and for employee parking. Many of the same issues as for 3340 North Shore apply to this property. The notable exceptions are: a) The existing house is not planned for demolition in the near future. It is currently rented out. b) The 10* side setback to the west is still applicable but is less critical since this boundary abuts Gayle's Marina. c) Because this parcel surrounds Mrs. Sprague on two sides, the parking area and storage setbacks are critical. Again read through Mr. Douglas' letter. Should the residential use of the home continue while commercial activity is taking place? What are appropriate limitations on the parking and storage areas, especially noting the setbacks proposed? What type of use is appropriate for the dock on this property? w HARDSHIP \ <• Descjriba undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:'rhis property is zoned B-2. The area is in transition from residential to oonmjrcLal uses pjrmitted in this zone. Only one residential- use pr operty separates this parcc^l froru another owned by applicant. No practical us^or~this D-2 parcel can be made due to its size and the abutting owners use without the reqrvestedvaexanoes.----_ _ _ ___ _ _ ___ _ _ _ _ _ _ _ _ _ ^ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS • • Describe unusual property conditions preventing, compliance with Zoning Code Requirements: Physical size and residential use of adjacent parcel, as not^ above, plus transitional going frc«n residential to current B-2 zone. 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. APPLICANT'S SIGNATURE Th*' applicant hereby agrees to provide all information required or requested by * Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in ..eview of this application, and certifies that the information supplied is true and correct to the best ^f his/her knowledge A V“'Applicant's signature OWNERS SIGNATURE N.Date 8/9/85 / f,M The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultai.ts, agents, commission members, and Council members for purposes of investigation and verification of this request. f' Owner's signature t \ 'N Date 8/9/85 L 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 1 EXHIBIT A. *3 •? Ur* # ^3o North Shore Drive Legal Description The East 50 feet of the North one-half and the East 42 feet of the South one-half of Lot 8, Lydiard's Park Lake Minnetonka, also an easement for road purposes over and across the East 16 feet of the West 58 feet of the South one-half of said Lot 8, according to the duly recorded plat thereof. CITY OF ORONO - VARIANCE APPLICATION yc ..j #/ O I( • v-'C--C Initial Application Fee $150.00 ($50.00 per each a After-the-Fact Fees (Double application fee) #9.s, 3 PROPERTY LOCATION Site Address 3350 North Shore Drive Property Identification Number (P.I.D.) 08-117-23410014 Please check one — Is the property ^ abstract or torrens? Please attach lega’l description to application if not included on required survey. See Exhibit A. attached. APPLICANT •v Name Chaska Marina, Inc.Phone 471-8581 Mailing Address 3324 North Shore Drive, Wayzata, MN 55391 OWNER Name Same Phone Mailing Address Date Property Acquired (month/year) I •fdoi (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District B-2 Present Use of Property Residential Other (specify) Mixed residential and commercial DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail: Variances requested for (1) area and (2) use for commercial parking and storage._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Vailances (Front Side Rear) Other Use (OVER) / EXHIBIT A. 3350 North Shore Drive Legal Description The East 75 feet of Lot 9 in Lydiard's Park, except that part lying West of the following described line: commencing at a point on the base line in Lot 9 Distant 17 feet East of the West line of said East 75 feet of Lot 9; thence North making an angle to the right of 92 degrees 30 minutes from said base line and extending Northerly to the shore of Maxwell's Bay, Lake Minnetonka, and extending Southerly to the shore of Crystal Bay, Lake Minnetonka. That part of Lot 8, "Lydiard's Park" Lake Minnnetonka, described as follows: commencing at a point on base line where the West line of Lot 8, "Lydiard's Park," Lake Minnetonka intersects t.he same, the initial point of beginning of the land to be described; North along said West line 114 feet; thence East at right angles 42 feet; thence South and parallel with said West line 180 feet more or less, to lakeshore of Crystal Bay; thence Westerly along said shore to West line of said Lot 8; thence North along said lot line to point of beginning. A parallel strip of land 16 feet wide adjacent to East line of above described land in said "Lydiard's Park," Lake Minnetonka. I 4 . RUN DATE 08/l<^/85 BATCH 005 PROP ADDR C«t^ER NAME TAXPAYER KAME/AODR PROP ADDR OUT4ER NAME TAXPAYER NAME/ADDR PROP ADDR cu>;er name TAXPAYER NAME/ADDR PROP AOOP OUHER NAME TAXPAYER NAME/ADDR m HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 0012 NORTH STAR MARINA INC MIUNETOfJKA PROPERTIES INC 3324 NO SHORE DRIVE UAYZATA MN 55392 38 08-117-23 41 0015 03330 NORTH SHORE OR ROY B NEIKTER MINNETOltKA PROPERTIES INC 3324 NORTH SHORE DR WAYZATA HN 55391 38 08-117-23 41 0016 03366 NORTH SHORE OR HARBOR ItOl INC GAYLES MARINA CORP 3366 NO SHORE DR UAYZATA KN 55391 TOTAL BATCH 003 00009 REPORT NO. PI435401 PAGE 6 38 08-117-23 41 0013 03332 NORTH SHORE DR S RAMBEPG A M SCHOENEMAN S E RAMBER6 A M J SCHOENEMAN 5108 WOOOLAWN BLVD MPLS MN 55417 38 08-117-23 41 0014 03350 NORTH SHORE DR HENRY ANDERSON MINNETONKA PROPERTIES 3324 NORTH SHORE DRIVE UAYZATA MN 55391 38 08-117-23 41 0016 03342 NORTH SHORE OR PHfLLIS B SPRAGUE ET AL PHYLLIS B SPRAGUE 3342 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 41 0017 B C ROCKVAM ETAL GAYLES MARINA CORP 3366 NO SHORE OR UAYZATA MN 55391 38 08-117-23 41 0019 HARBOR INN INC GAYLES MARINA CORP 3366 NO SHORE DR UAYZATA MN 55391 38 08-117-23 42 0003 03366 NORTH SHORE DR HARBOR Iiri INC GAYLES MARINA CORP 3366 NO SHORE DR UAYZATA MN 55391 .1 I CERTIFY THAT THE FACTS RErRESENTEO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEiaiEPIN COUNTY OEPARTMEIfT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE Af« BELIEF. y \l , , DATE i ' ►Bruce C. Douglas ATTORNEY AT LAW 120 EDINA BUSINESS CENTER 5800 LINCOLN DRIVE EDINA. MINNESOTA 55436 OF COUNSBL; OLKNN P. BRUOER THOMAS P. LOWE August 5, 1985 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Re: Chaska Marina Dear Jeanne: Thank you for meeting with me last week after my meeting with the Marina Committee. I indicated to you that I was trying to develope a comprehensive understanding of "problems" associated with Chaska Marina so that I could take those steps necessary to correct them. At the Marina Committee meeting I repeatedly offered to meet with the neighbors who were present but this offer was of no avail. Accordingly, I asked for a meeting with you and any other city staff who might be able to provide me with the specific facts so that I cculd deal with the problems on a systematic and logical basis. It was my understanding that Chaskc Marina owns three properties: the main Marina property at 3J24 and two separate parcels west of the Marina knov;n respectively as 3340 (between Schoeneman/Ramberg) and 3350 (between Sprague and Gayles), While the issues as to all three parcels are interrelated, for clarity I will deal with them as separate parcels: I. Main Building operation at 3324 North Shore Drive. A.Water run-off onto Schoeneman/Ramberg property This was recently corrected by placing concave-graded blacktop over an existing hard-cover crown-type gravel driveway. The blacktop is now graded so as to force run-off wateT to the east, away from r.he Schoeneman/Ramberg property. 1 persor\allv went to the site (after our meeting at your office) when it was raining very hard. I saw no run-off whatsoever going toward the west. All rainwater was running east and north toward the launching rarp. • < Ms. Jeanne A. Mabusth August 5, 1985 Page 2 B. C. D. E. Accordingly, I believe this problem has been solved. Water run-off from the west side driveway to the lake. The run-off is no different now than when the compacted clay/gravel crown-type driveway existed, save and except that less sedimentary materials are now carried to the lake by the run-off because it is flowing over clean blacktop. I do not believe this is a problem. Fencing and screening on the east lot line (Schoeneman/Ramberg). Apparently, there is a very small segment of open space at the shore line which could be fenced so as to provide a complete barrier along the east lot line. Similarly, there are some areas of the screening which could use improvement so as to further obstruct the visual field between the two properties. Chaska will, within thirty days, (1) install a small fence segment from the water line to the existing fence and i2) place additional screening material along the east let line. Employees crossing over any part of the Schoeneman/Ramberg property (and the Sprague property). All employees of Chaska Marina will be informed in writing that crossing over the Schoeneman/Ramberg property or the Phyllis Sprague property will result in immediate termination. A file containing these signed acknowledgements will be maintained by Chaska and copies thereof will be provided to Mrs. Schoeneman, Mrs. Ramberg, Mrs. Sprague and to the City upon request. If requested, the respective fences which separate the Schoenemar./Ramberg and Sprague parcels from the Chaslta parcels may be posted with appropriate "No Tresoassing" signs on the Chaska side of the fences by Mrs. Sprague or Mrs. Schoeneman and Mrs. Ramberg. Boating Activities in front of the Schoeneman/ Rarbeig Parcel. 1 Ms. Jeanne A. Mabusth August 5, 1985 Page 3 (1) (2) (3) 1 (4) We must all recognize that the west lot line fence does not extend out into the water so as to physically separate the Marina use activities from the Schoeneman/ Ramberg residential use of the water in front of their property. A series of water-borne bouys extending 200 feet out might be a possible solution during open water periods. An appropriate snow fence on the ice may work equally well for the winter season. Short of a sale by Mrs. Schoeneman and Mrs. Ramberg to Chaska Marina, a written agreement to adjust side site setback requirements under the LMCD Code and Orono ordinances may also be a viable solution. If the Schoeneman/Rantberg Dock presently existing were removed in its entirety, Chaska Marine will (1) provide, without cost, a slip for the Schoeneman/ Ramberg property, and (2) build and maintain a "U" shaped dock enclosing 50 fe3t of water in front of the Schoeneman property with the top part of the "U” abutting the joint lot lines on the west and east of their parcel. This would provide a safe swimming/play area for the Schoeneman/Ramberg property, physically separate the water area uses between boaters and swimmers, and reduce the desire of Chaska employees to "short cut" by trespassing over the Schoeneman/Ramberg property. The water side of the dock (northerly) could be posted against tie-ups, or used as the parties might agree in writing. The east side could be used by Chaska Marina and the west side by the Marina property at 3340. Mrs. Schoeneman and Mrs. Ramberg can meet with me to discuss a sale or agreement, as noted above, by calling me or m secretary (ny wife, Laurie) at 938-6626 to set up a mutually convenient appointment. Ms. Jeanne A. Mabusth August 5, 1985 Page 4 F.West s\de dock configuration of main Chaska property. (1)As I understand it, the present west side dock configuration best meets the needs of the Marina and the desires of Mrs. Schoeneman and Mrs. Ramberg. (2)Both Orono and the LMCD have joint but independent powers over the dock configura tion and use vis-a-vis the dock use area of Chaska Marina. (a)Orono and the neighbors want the present configuration, as does Chaska Marina. (b)The LMCO wants a North/South dock configuration or an agreement between the Marina and the Schoeneman/Ramberg owners to mutually adjust side site setbacks so as to accommodate the present configuration. (c)The reason the Marina, the Schoeneman/ Ramberg interests and the City of Orono want the present configuration is the safety and traffic considerations affecting the Schoeneman/Ramberg property. Thus, it seems to me that the best solution is a written agree ment per LMCD Code §3.02 Subd. 3. If Mrs. Schoeneman and Mrs. Ramberg will meet with me, I will draft and present such an agreement to them for their consideration. II. 3340 North Shore Drive (The Olson Property). A. 1/ I am presently awaiting a copy of the contract for deed on this property so that I can determine exactly what the situation is vis-a-vis the right to demolish the existing residential structure. Jim Dunn desires to do so. A demolition permit from the City is required. The land is currently zoned B-2 but has a reside''tial use. Chaska desires to change that use to commercial and to use that property for vehicle parking and Marina storage. This will, of course, require either a I Ms. Jeanne A. Mabusth August 5, 1985 Page 5 C. variance and conditional use permit due to the adjacent Sprague and Schoeneman/Ramberg residential use parcels or an area variance and certificate of occupancy. I will inquire of the fee owner as to permission to demolish the structure and will submit an appropriate application to the City for an area variance and conditional use permit, as well as for a demolition permit if consent be given. B. Hole in driveway. Mr. Dunn was advised and a load a gravel has been put in place. More will be added as this load compacts. When I did my inspection in the rain there was a 10 foot diameter puddle 6 to 8 inches deep about 20 feet into the drive, north of the road. The gravel should solve this problem. If it does not solve the problem, then I am, by copy of this letter, requesting Mrs. Sprague to so advise me at 938-6626. Driveway blockage. Similar to the resolution of the trespassing issue, all employees of Chaska Marina have been advised in writing and signed an acknowledgement that blockage of the driveway to Mrs. Sprague's will result in termination of employment plus towing of the offending vehicle. If Mrs. Sprague so desires, she may cause the driveway areas to be marked in an appropriate manner so as to deter b]ockage. D. Dockage - 3340. There are currently four slips at the single dock in front of this property. I have not been informed of any problem regarding the same. E. Fencing. Fencing on the west and east lot lines of this parcel needs improvement at the water's edge to deter trespassing by Marina employees. Screening needs to be examined and improved as appropriate. This needs the cooperation of and communication Ms. Jeanne A, Mabusth August 5, 1985 Page 6 F. G • from both Mrs. Sprague and Mrs. Schoeneman and Ramberg. Mixed Residential/Comi;.ercial Use, Parking and Storage needs both winter and summer site plans and fencing and screening assessment vis-a-vis variance and conditional use permit applications. Parking of employee vehicles, trailers and storage of Marina equipment and materials needs careful and appropriate consideration. On this site, as well as on the nearby site (3350) and the main facility, the Marina, must observe the 10 foot side-yard setback requirement so as to insure the rights of the residential users (Sprague, Ramberg/Schoeneman). I would suggest that: (1)The side-site set back limitation be physically marked with a stake and wire fence 3 feet high to prevent encroachment; and (2)That a conscious and deliberate effort be made to insure that unsightly "junk" not be permitted to accumulate or remain stored for extended periods—especially during summer months when the outside residential users of the Sprague, Schoeneman/Ramberg parcels will be a maximum. Cooperation of Sprague, Schoeneman/Ramberg. Just as the Marina has a duty to minimize its operational impact on its neighbors, Mrs. Sprague, Mrs. Schoeneman and Mrs. Ramberg also have an obligation to maximize their cooperation so as to eliminate the inherent conflicts which inevitably exist when an area has a mixed residential and commercial use. (1)They can also screen their own property by planting appropriate trees and shrubs so as to minimize the visual impact. It is not a one-way street. Good fences make good neighbors. (2)They can agree to joint waterfront use that protects their swimming areas and separate boaters from water borne activities. (3) They can meet to discuss conflicts. j I Ms, Jeanne A, Mabusth August 5, 1985 Page 7 disagreements and common or shared uses to minimize the impact of Marina activities. (4)They can suggest reasonable ways or means to solve the problems, ways or means perhaps not yet suggested by anyone. III. 3350 North Shore Drive. A.This parcel does not seem to be nearly the problem of 3340. On the west, it abuts another commercial marina (Gayle's) and on the east, Mrs. Sprague's property. (1)Observance of set-back requirements on the east and west lot lines can be solved with a stake and wire fence three feet high. (2)Fencing and screening problems on the east are the same as previously set forth by 3340 North Shore Drive. (3)The manner of storage of boats, trailers, marina equipment and parking of vehicles on the east side is critical because of piox- imity to Mrs. Sprague's property. On the west side it is not because of Gayle's Marina, a commercial use. (4) Dock use is apparently not a problem. Conclusions; 1. Appropriate fencing, screening and control of Marina employees and customers are the critical factors in permitting accommodation of conflicting uses in this commercial B-2 zone. The maintenance of appropriate fencing and screening is primarily the responsibility of the Marina, but it is also secondarily the responsibility of the residential owners. Good fences make good neighbors. 2. Control of Karina employees and customers is the responsibility of the Marina. (a) Employees will be notified in writing of the trespass and blockage of driveway problems—and of the consequences of a violation, acknowledged 1 Ms. Jeanne A. Mabusth August 5, 1985 Page 8 by employees. (b) Customer control will be effected with appropriate signs, and by dockage-contract modifications which require customers not to use the Sprague and Schoeneman/Ramberg docks and not to trespass on their property; to abide by all other Marina policies regarding no tie-ups at unauthorized areas, parking, etc. (c) The appearance and use of the off-site properties (3330 or 3340) and 3350 will be controlled by: 1. 3 foot side-yard set-back fences 2. Lot '\ne fences 3. Screening 4. Signs 3. If possible, the building at 3330 (or 3340) will be demolished. 4. Absent an agreement with the Schoeneman/Ramberg interests, the LMCD will be requested to issue a dock configuration set-back variance to conform to the existing Orono variance and the Schoeneman/Ramberg desires. Jeanne—if you know of any other problems or matters not touched upon by me—or not correctly recited by me, please so advise. By copy of this letter to Mrs. Sprague, Mrs. Schoeneman and Mrs. Ramberg, I am inviting them to respond to the contents hereof so that I have a correct understanding of the problems and the benefits of their opinions, comments and advice on how to solve the existing problems in a manner that is reasonable, responsible and realistically insures compliance with the undertakings herein contained. Applications for necessary variances, etc., will be forwarded under separate cover. Ver^'trul^y^ks, Dou^ DCD/ch cc: Mrs. Phyllis Sprague Mrs. Marsha Schoeneman Mrs. Sandy Ramberg Orono Marina Committee 1.1 i 1 1 •»,. .✓» 1 ! 1 \ 1 n r"*’ *“****“ ■** .............. •! 1 August 14, 1985 I ’» AUG 1 51985 CiTY OF Ot'iOiiO fI' , .1 Mr. Bruce C. Douglas 120 Edina Business Center 5500 Lincoln Drive Edina, Minnesota 55436 Re: Chaska Marina Dear Mr. Douglas: Your letter of August 5, 1985, to Jeanne Mabusth requested a response from us. First of all, you are to be complimented on your understanding of the problems associated with Chaska Marina's operation. There are now at least three of us v/ho have a clear picture of the situa tion. Secondly, our comments: I. Main building operation at 3324 North Shore Drive. A. We agree that the water runoff problem appears to be solved. The 2"+ rain of August 12 left little sediment in our yard. The blacktopping and its grade appear to be effective. C. Fencing and screening needs to be accomplished on the west lot line of 3324, not the east (although the neighbors on the east side may appreciate it, too). We assume that the small fence segment from the water line to the existing fence and additional screening material will be installed within 30 days on the west lot line of 3324. In addition, the boats parked along the west lot line must be moved toward the building to preserve the 10* setback requirement. The dogwood bushes planted for screening will grow better without boats parked on top of them. 0. We are hereby requesting copies of the acknowledgments signed by employees that crossing over the Schoeneman/ Ramberg property will result in immediate termination. We encourage the Marina to install "No Trespassing" signs but they must be on Chaska's property and preferably bolted to posts in the ground and not attached to our fence. We don't feel compelled to spend the time and money to install these signs when the Marina should assume the responsibility for its employees and customers. Mr. Bruce C. Douglas Page 2 E.Boating activities remain a nuisance. We heartily agree with your recommendation for the installation of water-borne buoys 200* cut into Maxwell Bay. This would certainly keep boaters from turning around Immediately in front of our dock and may force them to back out into the open water as we have suggested many times and that Mr. Dunn once agreed to. We are not interested in a "no cost slip" or having Chaska construct a U-shaped dock in front of our property for mutual use. Continuously running engines (like the Cobalt demo which was revved up for most of Sunday, August 11) is a real aggravation. How can a salesman deliver his pitch over all that noise? F.Wes* side dock configuration of main Chaska property. We are not interested in an agreement to change the dock configuration approved by the LMCD and the City of Orono. We will not agree to adjusting side site setbacks; even 20' is inadequate, especially when It Is not observed.J II. 3340 Worth Shore Drive (the Olson property) A.We appreciate the effort to date to clean up this property. Further comments will be made at the public hearing regarding Chaska's land use plan or variance request. B.Dockage - '340. It is our understanding that there is one (and only one) rental slip on the Maxwell Bay side. The boats parked there the last two weeks belong to Chaska, however. Where, oh where, is the renter? E.Fencing on the east lot line needs Improvement. The shoddy fence at the cottonwood tree was hastily con structed earlier this year by Chaska employees. This area needs attention, preferably using permanent, less tacky materials. F.Mixed Residential/Commercial Use: Again, comments will be made at the August 19 meeting depending on variances requested or land use plan presented. G.Cooperation. Your use of the phrases "minimize operational impact" and "obligation to maximize cooperation so as to eliminate the inherent conflicts" is inappropriate. > t E •Hr. Bruce C. Douglas Page 3 G. (continued) Keep in mind that the residential use of our property existed before any marina operations (Chaska's, North Star's, or others before that). Our property was rezoned to commercial use over the objections of our parents several years ago; we are now dealing with that legacy. V/e dispute your statement that good fences make good neighbors. Good fences are merely reminders to those who need something obvious that says keep out. Conclusion: 1. Appropriate fencing and screening and control of Karina employees and customers have been discussed at length at past marina committee and council meetings and with Mr. Dunn (as well as with Mr. Pauley when he was involved). These are the marina's responsibility. If there were not marina operations on both sides of us, the necessity of screening, fencing, and customer control would be a dead issue. 2. We are opposed to a variance request that would decrease the prescribed side setbacks, either on the land or in the water. 3. We will not consider any changes to accommodate joint water front use; that could only lead to more encroachment. 4. We only ask that the marina and its personnel operate in a manner (and within the law) that does not infringe on the enjoyment of our property. And when infringement occurs, it will be met with appropriate action. Frankly, we're tired of talking. If you would like to discuss our comments prior to the August 19 meeting, feel free to call. Sincerely, Marcia Schceneman 6731 4th Avenue South Richfield, Minnesota 55423 Home phone: 869-1093 Work phone: 296-3495 ySandra Ramberg 5108 Woodlawn Blvd. Minneapolis, Minnesota 55417 Home phone: 724-3122 cc:Jean MabustnTJ Broni HaMfia^ommittee Orono City Council 530-33 VO ORONO HARDCOVER CALCULATION WORKSHEET LAKESHORE SETBACK ZONE A. Existing B. Existing lot area hardcover in zone in zone C. Existing hardcover percentage [(BtA) X iool D. Proposed hardcover in zone # 9 5.3E. Prop hardcover percentage [(DtA) X 100] hardcover percentage 0 T^c 0-75 5-250* 50-500* 00-1000 3 7579 sf JSo sf ^ %H sf _1 /o 3,150 sf 3Or0 sf 5?'sf s* %25 % sf sf /o sf Yo 30 Vo sf sf %sf % • • • 35 */«» )irections:~rc ^ A. Existing Lot Area in Zone - includes the total square footage of dry buildable land B. Jiui24‘'S.rdco«r®tn**Sn; - Include, the .qu.re foot.ge of JPf ^nUlid'ien"^''*'driveways (gravel or paved) and other rain-impervloua aurfacaa with! p wy C E^iatinq Hardcover Percentage - divide the number in B by the number in A l\ pJoposCd Hardcover In Zone - includes the existing hardcover ^ all proposed additional hardcover.E Proposed*Hardcover Percentages - divide the number in D by the number in ^ and ^ ?; AUoSirH«Icover Percentages - if the percentages in column B for any setback tone exceed Ji. i:?IoSed oercen^gn in column>7 the zoning Department at 473-7357 Jo dtUr. tK pls^igtuiies o? obtiii^ing a variance. Generally, if » «"=«rent «moval^^^^^ of existing hardcover matches the additional hardcover proposed, resu g of hardcover in a specified zone, a variance may not be necessary. * f J .f- 4, 33S'0 K)0/^7/Y ORONO HARDCOVER CALCULATION WORKSHEET LAKESHORE SETBACK ZONE A. Existing lot area in zone B. Existing hardcover in zone C. Existing • hardcover percentage ((BtA) x ioo] D. Proposed hardcover in zone E. Proposed hardcover percentage I(D^A) X 1001 1 1 0-75'3. sf sf sf <i Vc ’5-250'7 s<yo sf HSO sf (2^ sf <2i %■ !50-500*N/A sf sf n sf 00-1000'N/ft Bt •sf %sf % ^.953 hardcover percentage 0 yc 25 Vc 30 Ve 35 y« )irectiontt A. Existing Lot Area in Zone -> includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone “ includes the square footage of existing roofs» iceks, sidewalks# driveways (gravel or paved) and other rain-lmpervlous surfaces within the specified tone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. - - E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100 F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone‘exceed the allowed percentages in column F# you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if 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. t ^ A*'* •i* ^5^953 AUGUST 13, 1985 TO ALL KMPLOYEKS OF CHASKA MARINA: WE OVm TWO PARCELS OF LANO LOCATED TO TflE WEST OF OUR MAIN OPERATIONS FACILITY, RESPECTIVELY LOCATED AT 3330 AND 3350 NORTH OVER TO THE WEST OF THEM. THE SCHOENEMAN/RAMBERG PARCEL AND THE SPRAGUE PARCELS ARE PRIVATE RESIDENTIAL PROPERTIES. IT IS IMPERATIVE THAT ALL MARINA EMPLOYEES UNDERSTAND THIS AND RESPECT THE FACT THAT THESE PEOPLE'S RIGHTS MUST BE RESPECTED TO THE MAXIMUM. ACCORDINGLY, I AM HEREWITH ADVISING EACH OF YOU THAT: IHEN ALONG NORTH SHORE DRIVE TO YOUR DESTINATION WITHOUT CROSSING SPRAGUE OR MRS. SHOENeSaN aSd MRs! RAMBERG. THIS IS NOT THE WAY THAT I WANT TO HAVE TO DEAL WITH RATHER, ONE THAT OUR LEGAL COUNSEL HAS ADVISED Uo WE MUST IMPLEMENT. THERE WILL NOT BE ANY "WARNINGS" NOR WILL THERE BE ANY "ACCEPTABLE EXCUSE”. VIOLATION OP THiroiRESJvE WILL CONS'! IIUTE GROUNDS FOR, AND WILL RESULT IN, IMMEDIATE TERMINATION. YOU WILL NOT CUT ACROSS THEIR PROPERTY IN ANY the SHORELINE AS WELL AS AT THE AREA NEAR THE ROAD. THESE PROPERTIES ARE STRICTLY "OFF LIMITS." J.:, SIMILARLY TO THE TRESPASSING DIRECTIVE NOTED ABOVE;’ NO ONE SHALL, AT ANY TIME WHATSOEVER, PARK A VEHICLE IN SUCH A ^NNER AS TO BLOCK THE DRIVEWAY TO MRS. SPRAGUE'S PROPERTY. THERE IS A SHARED DRIVEWAY INTO MRS. SPRAGUE'S PLACE. THE RIGHT TO A^VEH^^L^SiAT^E^ED FOR AN^I nJEfInI?e^PERIOd“^SUCH ' THAT^^SrS^^''^ DRIVEWAY) ARE iMPAIRF.D OR “pEDED SAME. ANY EMPLOYEE WHO VIOLATES THIS RULE WILL BE SUBJECT TO IMMEDIATE TERMINATION. ANY VEHICLE IMPROPERLY PARKED ON THE DRIVEWAY WILL BE SUBJECT TO TOWIN^AT THE VEHICL^ WARNINGS, NOR W^LL THEREBE ACCEPTABLE EXCUSES. JUST DON'T DO IT, PERIOD. iiiillBifi* LOT LINES OF I HE MAIN OPERATIONS PROPERTY, NOR UPON THE TWO SEPARATE PARCELS WE OWN TO THE WEST, WITHIN A TEN FOOT DISTANCE FROM 'THE FENCES WHICH SEPARATE OUR PARCELS FROM THE TWO fESIDENTIAL PARCET.S. AGAIN, VIOLATION OF THIS DIRECTIVE WILL DR GROUNDS FOR TERMINATION. L*.J r 4. NEITHER EMPLOYEES OF THIS COMPANY NOR OUR CUSTOMERS HAVE ANY RIGHT TO USE THE DOCKS LOCATED AT THE SCHOENEMAN/R/.MBERG PROPERTY, NOR AT THE SPRAGUE PROPERTY. IF YOU SEE ANYONE USING THEIR DOCKS WHO IS AN EMPLOYEE OR CUSTOMER OF THIS COMPANY, TELL THEM TO IMMEDIATELY GET OFF THEIR DOCKS. AGAIN, VIOLATION OP THIS RULE WILL BE GROUNDS FOR IMMEDIATE TERMINATION. 5. I REGRET THAT THIS ACTION MUST BE TAKEN AND THAT YOU WILL IN FACT LOSE YOUR JOB IP YOU VIOLATE ANY OF THE ABOVE DIRECTIVES AND RULES, BUT WE HAVE NO CHOICE. VERBAL INSTRUCTIONS HAVE NOT WORKED EFFECTIVELY UP UNTIL NOW. ACCORDINGLY, I AM REQUIRING THAT EACH AND EVERY EMPLOYEE RECEIVE A COPY OP THIS NOTIFICATION AND THAT EACH OF YOU SIGN AND RETURN TO ME A COPY ^CKNOWI^^GING RECEIPT OF THE ABOVE RULES AND DIRECTIVES. JAMES ^UNN, PRESIDENT, CHASKA* MARINA EMPLOYEE SIGNATURE OF ACKNOWLEDGMENT I • * ■*' ■ .1 » • r* v;';K' ■ ,iJ.V ■.’'■ci ■K-'rii i'‘ ' 'ill ! t « • ) *tj'll* J I . c^rrYofoawpxo ORONC July 28, 1983 Steve* Peuly Jim Dunn Chaska Marina of Lake Minnetonka 3324 North Shore Drive Wayzata, MN 5S391 r«i>t<M|i« li* \ ( I V l.i! r..iv ?i • M.jiij. i|,.ti * i::ii, On th»- Xnrlh Slinrt nf l.iihr Minni Umhu he:Minnetonka Boat brokers l*.c. 's infuMtial j.'i i,“S'‘ntat j(jn iKjlC'i'e the Orono Marina Comnittce on July 2C, 198 3 of the pronoti- J uses of the property located at 3 390 r.orth Shore 1-r ive Gentlemen: Ihis letter is written as a folU;w up to youi inf<jrmai presentation bOiore the Orono Marina Coiiiiui ttee. Vi./u W(.>re advised that the property may continue in residential use and a residenti.il dock n.av bo constructed for the sole? use of tin- oenrupants of tht renid^ t ci* A buildrny permit for the construction of tlu^ new dock i s'requ.ued. Any commercial use of the property durinq the interin v/ill rec!uire a conunercial site plan review by the City Council Ja-w com:u.'i cial use of existing structure and property). upon approval by the Citv Council of tlie new conuuce cial use, you must obtain a certifii ate ot occupancy from the Orono building depar Imont . Any conm.ercial Marina use of the property will reguin- a comn.ircla 1 drek license in ad dition to the above. Any plans to have mixed comim.-rcial and residential use on the property IS not permitted by the municipal code. Such use would require ap proval by the City Council and the tiling of necessary land us- ap plications with the City. i Blease c.ill my office if you have any guestions c'OJicei n i ng tiiis m tter . • *. V .* ■ • ;• .1 vY .1 ;5*f : w* •.7'’ • % ’!r is'vj. V 1 Ir* * k JAM: |! cc W. !•. iH.nson Si nee r(- ly , i-v. f ))\.* '.e Jeanm* A. Habuslh /a/iiing Adtiii n i st rat or • m • ^ ^ • -M. , **y** *”*’***•*—♦r* ■> =- _. ^ 1 To: Prom: Date Planning Commission Michael P. Gaffron, Assistant Zoning Administrator August 13, 1985 Subject: #954 City of Orono, 265 South Orono Orchard Road - Conditional Use Permit Application - Expansion of the 4th tee and regrading of tee apron area at the Municipal Golf Course. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Application Property Owners List Plat Map Public Works Coordinator's Memo Grading Flan The City Engineer has submitted plans for fill and grading near the 4th tee on the Orono Golf Course. The grading proposed is at least 75-100 feet from the designated wetland in that area. The proposed 5000 cubic yards of fill will increase the actual tee surface area and will provide a more gradual slope at the apron for maintenance convenience and also for safety of golf course patrons. Staff recommends approval as submitted. $100.00 a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) PRD/PID - s y ' ■( PRESENT USE OF PROPERTY Present Zoning District Present Use of Property R Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail; A d/) PJ LL ^X.P/^A/^ *^,4/ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (110 ) pre-addressed to each of the names on the above list with no return address. 4, Certificate of survey. 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. 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 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 this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commi ssion Meeting. Planning Commission Meetings are hold on the third Monday of each niontli. Michael & Debra Robinson 15 Orono Orchard Road S. Wayzata, MN 55391 Steve Curran 110 Orono Orchard Road S. Wayzata, MN 55391 Joseph M. Rokke 180 Orono Orchard Rd. S. Wayzata, MN 55391 Cargill MacMillan Jr. Longridge Associates C/0 D.E. Billbe Dept. 28 P.O. Box 9300 Minneapolis, MN 55440 Gilbert & Elaine Thompson 45 Smith Avenue Wayzata, MN 55391 Louis G. Merchant 120 Orono Orchard Road S. Wayzata, MN 55391 Bernard Edstrom 190 Orono Orchard Rd. S. Wayzata, MN 55391 Gary W. Nelson 1315 Woodhill Avenue Wayzata, MN 55391 Timothy J. Kerber 60 Orono Orchard Rd. S. Wayzata, MN 55391 E. Jerome Carlson 170 Smith Avenue Wayzata, MN 55391 Spencer Smith 385 Orono Orchard Rd.S Wayzata, MN 55391 Victoria H. Raiche 280 Orono Orchard Rd. S Wayzata, MN 55391 i r To: PrcMn Jeanne A. Mabusth, Zoning Administrator A. Gerhardson, Public Works Coordinator Date:August 6, 1985 Subject: Expansion of #4 Tee - Orono Golf Course Attached for review and approval is the sketch plan for the expansion of #4 tee at t).e Orono Golf Course. The expansion of the tee will allow for approximately 100% more tee area. The amount of fill needed is 5,000 cubic yards of material and will allow for a 4:1 slope for maintenance convenience. i To:Planning Commission Members Jeanne A. Mabusth, Zoning Administrator Date:August 15, 1985 Subject:#956 Mrs. Philip W. Pillsbury, 1200 Bracketts Point Road Procedural Variance -• Lot Area & Lot Width Zoning District - LR-IA implication - Lot area and lot width variance required because the former residence structure/foundation was removed - new structure to be located out of the 75 foot setback area. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Site Plan Exhibit E - Elevation Lot Area Required Existing Variance 87,120 s.f. or 2 acres 51,154 s.f, or 1.17 acres 35,966 s.f. or 41% Lot Width Required Existing Variance 200' 173* at 75' lakeshore setback line = 27' or 13.5% Hardcover Review 0-75* 12,750 s.f. = allowed 25% 75-250' 31,674 s.f. ^ allowed 30% 250-500' 6,730 s.f. = 8,031 s.f. or 25% 960 s.f. or 14% Staff has worked for over 3 months with the applicant's attorney and architect but never realized until the building permit application was filed that the old foundation was not to be used with the new construction. We were unable to meet the deadline for scheduling a public hearing at your August 19th meeting. The public hearing is scheduled before the Council at their August 26th meeting. Planning Commission is asked to make a recommendation for Council's consideration. REVIEW OP APPLICATION Staff can confirm all new construction meets required setbacks for both principal and accessory structures. The new residence has been pulled out of the 75 foot setback area where the previous residence was located approximately 60 feet from the lakeshore. Hardcover within the 75-250' setback area has been maintained at 25% coverage. Septic tests confirm adequate area for on-site septic system both principal and alternate. I . Zoning File #956 August 15, 1985 Page 2 STAFF RBC(BNDATION To approve the procedural variance application of Mrs. Philip Pillsbury to permit construction of a new residence on a property located at 1200 Bracketts Point Road that lacks the required lot area and lot width within the LR-IA zoning district. Approval is based on the following findings: 1. A house had existed on the property for over 40 years. 2. Septic tests confirm the property can sustain a principal and alternate on-site septic system. 3. Only reasonable use of the property. 4. Adjacent lots are developed. 5 . J i ^ ► 1 CITY OP ORONO - VARIANCK APPLICATION ‘/O' ycc - /'(*.> " a fu.J f la »' CL<^> Initial Application Fee $150.00 ($50.00 per each additional project) After-the-Fact Fees ) PROPERTY LOCATION Site Address 1200 Bracketts Point Road Property Identification Number (P.I.D.) //-^// OOo/ Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required " survey. ; ‘ APPLICANT Name Mrs. Philip W. Plllsbury Phone 473-8682 Mailing Address 300 West Ferndale Road, Wayzata, Minnesota 55391 OWNER I Name Mrs. Philip W, Plllsbury Phone 473-8682 Mailing Address 300 West Ferndale Road, Wayzata, Minnesota 55391 Date Property Acquired May 1, 1985_______________ (month/year) Purchase Agreement signed^ September 26, 1984. I (do) ^o not)] also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District LR-IA Present Use of Property Residential Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ '"^OjOOO Describe request in detail: Lot area and lot v/ldth variance to construct new house. VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other \ . (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of ?oning regulations; Only available use of property_ _ _ _ _ existing house removed from the site.____________________________________ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS • * Describe unusual property conditions preventing compliance with Zoning Code Requirements: Lot area is less than two acres. Lot width is 170* instead of 200*. Un^e to obtain property on either side to enlarge site. REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list f rom Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes ( i 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 signatur OWNERS SIGNATURE Mrs. Phil Id II. Wllsl Date August 5, 1935 The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature I wwi f iUf \ /- K i u. " Mt^ Ph^liri U. Pills'turf Date August 5, 1985 Applicant must have all submittals into the City offices 25 days before the Planning Commission Mooting. Planning Commission Meetings are held on the third Monday of each month. \ L.. f >- RUN DATE Oe/06/eS BATCH 003 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY UUNERS LIST REPORT NO. P1A35<»01 PAGE S PROP AODR OWNER NAME TAXPAYER NAME/AODR 30 11-117-23 23 0008 01A91 SHORELINE DR R H EVANS R H EVANS 1A91 SHORELINE DRIVE UAYZATA HN 55391 36 11-117-23 23 0016 01900 GREEN TREES RD CAS PLATOU CARL A SUSAN PLATOU 1980 GREEN TREES RO MAYZA'* MN 55391 30 11-117-23 32 0001 01200 BRACKETTS POINT RO CORINNE GRIFFITH PILL5DURY CORINME 6 PILLSBURY 1300 TCF TOMER MPLS MN 55902 PROP AODR OWNER NAME TAXPAYER NAME/AODR 30 11-117-23 32 0010 01265 BRACKETTS POINT RO MICHAEL E LYNN III A WIFE MICHAEL A ..ORJA LYNN III 1265 BRACKETTS POINT WAYZATA MN 55391 38 11-117-23 32 0013 CORINNE GRIFFITH PILLSDURY CORINNE G PILLSBURY 1300 TCF TCMER MPLS MN 55902 TOTAL BATCH 003 00005 38 11-117-23 32 0018 Thomas & Ella Crosby Thomas & Ella Crosby 1220 Bracketts Point Wayzata, MN 55391 #956 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPEAy TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. / V DATE i /}l^ Planning Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) St 3 . /4.x % /- L\ e.'/ ■ff ^ i V “^7.<v< J 8. /P^ 6^ ^ '■h-AAL /^^ S"/V; "5 5.1 t A/^ p r 1/ s / b yc r ,» t \ «,>A . V f ^ ^ O S TC'f (yl) .m 7x La J> V />7- y\^y c s j >* ..j*-j «. >..0 1 • 11.'Hmr4v7\)[y\^ch Vl2. 0<^<*\K/ P/\cmG Cl . ?. \HiyXX V. uvj. ^.17. iCtLAUlLLiC '/(r£2blIVVlM n a.'i^ r_ >o. ]L0n3m r I Uy(. i 10 ^ U Ctikl t VA.iA>, A L^-h-y/‘i / f Ui~ i I C7<-7 Juix^je-fA f7 f/ mA lSsE ft 7 ' 4 '/ * /{^y-7/,f) ■^/ / '4ftf'" C^ #v ILL y. I ^- 3 « V n^i 3 'n'^l Planning Commission ') Council