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HomeMy WebLinkAbout08-14-1985 Narrows Bridge Area CUPA1 To: From: Date: Subject: Planning Commission Members Jeanne A. Mabusthr Zoning Administrator August 14, 1985 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)1946 David C. Cook c)#951 John Thimmesh Zoning District - LR-lB 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 onditional use permit and variance is required if this non-c-jnf orming use is to continue and, be recognized as a legal non-conforming use. List of Exhibits Exhibit A - Exhibit B - Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit C D E F G H I 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 O «■ R - 2 riparian tracts) since the late 50's. Review Exhibits D & E. He purchased tliem 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. hr f . t Zoning Files #941, 1946 & #951 August 14, 1985 Page 2 of 5 Tracts R i 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 providing 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 expired in January of 1965. Cook has maintainc-d 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 owns 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 inust 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. John Thimmesh Thimmesh is the current owner of recently combined Tracts S & T. This property remained with the original owner/developor's family until 1984. It was the request of a potential buyer to build a new dock that commenced this year long review process. Tract S has had a zero lot line dock for many years. The ipplicant asks if this property could bo owned jointly with another individual. 1 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 trxcess 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 collec'.or 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. Zoning Files 1941, #946 & #951 August 14, 1985 Page 3 of 5 Review of Application In the Spring of 1984, after receiving complaints concerning the intense use and reported operation of a commercial marina within the Narrows Lagoon area. Council dii'ected staff to inspect the subject area. Staff advised Council that there was indeed a potential threat to the public health, safety and welfare in the unregulated use of these 20 foot wide riparian tracts (see Exhibit F) given the limited area of the lagoon. The original Registered Land Survey division (1954) created these tracts to provide protected dock use area for the homestead lots wihin that same Registered Land Survey. The covenants dealing with the use of these tracts have long expired (1965) and four tracts are currently in the ownership of non-adjacent land owners. The City was introduced to this multiple dock are in 1979 in the process of reviewing a lot area variance for a Robert Watson. It was an application involving the common ownership of two tracts of lakeshore properties. One was developed, the other undeveloped. A condition of approving that variance application was that both homesteaded lots on the mainlake retain a lagoon tract for dock purposes. As a result, the current owners of Tracts M & N and K & L are the only legal or conforming users of the riparian tracts. The original covenants established standards for the use of these limited properties but they are no longer in effect and many would require variances to our present code. The Marina Committee had been attempting to deal with the six separate owners, two adjacent residential owners and four non-adjacent owners, but found it impossible to come to any agreement because of the diverse owner­ ship pattern and the illegal or unresolved status of Tracts S & T, M & N, K Sr L and E. The chairman of the Marina Committee advised each of the four owners of the need to gain legal status or recognition of their use of the riparian tracts from the Council before the committee could work with all six owners on a safe agreed upon use of the lagoon area. Issues for Consideration 1. Can those tracts be put to another reasonable use under the present zoning? 2. Were the hardships created by the owners or due to circumstances unique to this property? 3. Is the current use of the property out of character with the surrounding lagoon neighborhood? 4. Is there a safe level of use for a 20' wide riparian lot? 5. Should the fact that these non-conforming uses existed before formal zoning would have deemed the use illegal have any bearing on the review - the City knew in 1958 that these tracts were not owned and used by adjacent land owners. jaM Zoning Files 1941, #946 & 1951 August 14, 1985 Page 4 of 5 6. What form of ownership is feasible for these tracts? Single or joint? 7. What combination of boat storage is acceptable? a) 1 boat over 16 feet in length only b) 1 boat over 16 feet in length only and 1 under 16 feet in length c) 2 boats each over 16 feet in length 8. Is there a special placement or pattern for dock construction that should be considered for these tracts? The only survey on record for these tracts is for the Thimmesh property - I have enclosed the survey to assist in your review. a) b) c) d) limit on dock width limit on widths of boat slips dock location within 20 feet width tracts cannot qualify for use of buoys in Jagoon 9. Use of land tract: a) b) C.l limit number of cars parked on land tracts to one no parking allowed on Shadywood Road for riparian tract users - nice, but how do you enforce? other land use limits? If you approve of a conditional use permit and variance for the this application recognizing the riparian use of these tracts as a legal non- conforming use and approving the necessary variances to allow an accessory structure without a principal structure and setback variances - consider the following findings: 1, The use of this lot as proposed will not create a hazard to the public safety. 2. The present use as a riparian lot had been established on this property prior to official municipal zoning and controls. 3. The property as subdivided in the mid 50's without the benefit of local controls, is a unique situation requiring special consideration. 4. The property because of its physical constraints, cannot be put to any other reasonable residential use but for limited dock use. For other findings check the conditional use permit and variance section of the code. For denial, please refer to the same sections. kstirnamm Zoning Files 1941, #946 & #951 August 14, 1985 Page 5 of 5 If approved the following conditions should be applied: 1 . N '7^ 4 ^ -7-»; -h .• V. C A» z.i CITY OP ORONO - VARIANCE APPLICA 1iIi©iIoMllk! Initial Application Fee $150.00 f$W0.0 •After-the-Fact Fees (Additional $50.00 payment per il PROPERTY LOCATION iiy' Site Address Lagoon Riparian Lots Off Shadywood Road __________ • # ’ 4t ■ Property Identification Number (P.I.D.) 21-117-2 ‘^-?4-nn?2/3//i/5 Please check one — Is the property _____ abstract or X _orrens? •• • ;;; Pleasv attach legal description to application if not included on required surv.,/. Registered Land__Surv(^;^ ?0415_Jrac^s_0^_R_ APPLICANT Name __Paul R. Nutt Phone 540-3588 •1r Mailing Address 9200 Wavzata Blvd.. Minneapolis. MN 55440 (office!_________‘ _________________________U28_QuiPit o(Jl Lane v. Plymouth^_^1N_§544_7_XhQ?!SJ__________________ OWNER Name Paul R. Nutt.Phone 540-3588 Mailing Address per above Date Property Acquired 5/58 (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Residential Other (specify) dock DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: tiprrn't use for dorking hnat._______ 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 zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; size of lot does not pemiit bundino_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 knowl^ge 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. 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. J f , CITY OF ORONO - VARIANCE APPLI Initial Application Fee $150. After-the-Fact Fees PROPERTY LOCATION pMIDM||T ■JUP27I985 Site Address ^ ’^CITY OF QRONQ Property Identification Number (P.I.D.) ~ ^ ^ ^ OO ^ •'^ / f ^ Please check one — Is the property _ _ abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name C^/y^)C~Phone Mailing Address OWNER Name \ rV CL cruc’Vc.Phone Q<-U-o>-hiCc~ l\jUr Mailing Address j4- (ik ^.->,>9),jl>cj 12m) CY)V SS^jA Date Property Acquired (month/year) 1 (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District LK ^ \ B Present Use of Property > p Residential Other (specify) DESCRIPTION OF REQUEST Fstimated Construction Cost $ « Describe request in detail: t_ _ _ _ _ _ _ _ _ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (_ _ _ Fiont _ _ _ Side Other ^ Ji^jrrr^. Rear) (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; Sbt. )r-- - - - -- - - - - - - - - - - - - - - - 0 m*- . • • ••• —• * i..:..‘.Ir0ESeRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: ^ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Comple-ed Apf)lication 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 (110) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not rcmpletc if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information suppl ied is true and correct to the best of his/her knowledge. Applicant’s signature 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, cosuiiission members, and Council members for purposes of invest! r»ation and verification of this request. Owner•s signature S- ^Date 6\U.\^ 5 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. CITY OF OKONO - VARIANCE APPLICATION 1 /'To***) Initial Application Fee $150.00 ($50.00 per each additional project) After-the-Fact Fees PROPERTY LOCATION Site Address ^73*^ Property Identification Number (P.l.D.) //~7 ’ Please chec)c one — Is the property _ _ abstract or _ _ torrens? Please attach legal description to application if not included on required survey. AFi r.5v»»T Name •>! c Iiia Jh11/^1 ni ^sL Phone Mailing Address 3 4^3 O /^/o^ i cl /T3 7-C=VC,V ^/^O OWNER Name MfjA__DOjt - - f-SJtAf. 7. Phone 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 "• / _ _ _ _ Pres-jnt Use of Property _ _ _Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ■.i VARIANCES REQUIRED Lot Area Lot Width Hardcover Setbaclc \ariances (F^ont Side Rear) Other (OVER) llAKDSim* Describe undue hardship or pr<ictical difficulty resulting from strict enforcement of zoning regulations;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150 ' (you can obtain this list from Hennepin County Department of Finance A-603 Government cwi.cer 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 ha*" net been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to payall fees and/or unusual expenses incurred in review of tliis appl ication, and certifies that the information supplied is true and correct to the best of his/her knoWedge. Applicant's signature ^_ _ _ _ _ _ _ _ Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this applicatio.'i and further authorizes reasonable entry onto the property by City stiff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date y-M-i'S' Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Co.mmission Meetings are held on the third Monday of each month. B Paul C. Carlson ► 2735 Shadywood Road Excelsior, MN 55331 ri 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 i r' Paul C. Carlson 2735 Shadywood Road Excelsior, MN 55331 William A. Anderson 2760 Shadywood Road Excelsior, MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 I A " 1^ * Robert & JoAnno Gallagher 2730 Shadywood Road Excelsior, MN 55331 Patricia Dunshoath 2740 Shadywood Roa.-’ Excelsior, MN 55331 Richard G. & Marlys J. Ogle Edwin Rawlings 2922 Oakland Avenue South 2765 Shadywood Road Minneapolis, MN 55407 Excelsior, MN 55331 #946 e •1 • 4\ ^aul C. Carlson 2735 Shadywood Road Sxcelsior, MN 55331 William A. Anderson 2760 Shadywood Road Excelsior, MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 if Robert & JoAnne Gallagher 2730 Shadywood Road Excelsior, MN 55331 Patricia Dunsheath 2740 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 #951 j’l D Sf. -eOWTV- -ROAD Wc( Vox'll.f s\os\ No»\W^ e\ (_llt6AU«uJ H*4<1 -•O’ \\<^ Cl. ^.L‘=^\va''‘ ^*- ■sO-®.-' C,0' V*" \T^ * o' •4. S Bl--- TRACT Tract E MN 0458DS Tract K 7808EG Tract N 8578 BL 5984 CU Tract O 5699 CU Tract R Tract S 6043 DW 8360 EA OWNQt 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. Pleischhacker (adjacent resident) 2775 Shadywood Rd. 2 boats licensed tc owner Excelsior, MN 55331 Paul Nutt 9200 Wayzata Blvd. Minneapolis, MN 55426 (not adjacent resident) 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 adjacent resident) 3430 Florida Ave. No. 2 Boats Crystal, MN 55427 1st Boat - 26' 1978 Fiberglass Sears License No. MN6043DW Expires; 12/86 Dean Lindbloom 2630 Fox Street Wayzata, MN 55391 2nd Boat - 22' 1978 Fiberglass Sears License No. MN8360EA Expires; 12/87 Ronald L. Krueger 7276 Prairie View Drive Eden Prairie, MN r.4i* June 26, I985 John Thimmesh 3^30 Florida Ave. No. Minneapolis, MN 55^127 Jeanne A. Mahusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Tracts S and T of RLS il51 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, dl-K. John Thimmesh Pjt Vr■r^rg1w. LB ©mm LB —I d JUN28B85 ‘ •* Lt. riTY OF ORONO -<Tfsa ©^ • ■A|^ Information Publishers^ I 6601 NX^St 78th StfPrt FfliriA hAtnr\i*<.r\fjk David C. Cook Vice Pfesident 612/ June 24. 1985 City of Orono P.0, Box 66 Crystal Bay. MN 55323 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. •1*251985 _J Please advise. David C. Cook Distinctive Web Multi-Color Printing — Our Hallmark o» Excellence MMk’Ctibl*E (P marina committee P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 6/21/85 TO: David Cook -COPIES TO: 8012 Penri Avenue So. Bloomington 1 MN 554 38 TYPE OP APPLICATION: XXX Complaint Date of Meeting: 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 not contain a principal structure. A variance application was given to you at the Marina Committee meeting. Please see that the completed application is in to my office b.y Tuesday, June 25 in order to meet the deadline of the July 15th Planning Commission meeting. Please remember that my files contain all of the infor­ mation 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 Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the July 15th meeting is June 25, 1985. * ' “V - - v'>< tC rTr®ct H, Rti(;leterad Lind Surrey Humlior A15, 711ea of RcgletmT of Tltloi, fubject to the folloelnfi llmltntlont, reetrlctlona and uieai 1- 2- Only one, one family dwelling ihAj.1 be entcted on eald Tract H, vhlch ehall bo * modern, year nround otructure of not leas than fire (5) rooms with hath, utility room and double attached garage. Jlo trailer, hasemont homo, tent shack, ham or other outhulldlngs shall ho erectod, either tomoorary or pon&anent, Dwelling must he set hack at least sixty fire (65) feet from the present water line of Lake Minnetonka and at least fifteen (15) feet from the side hound>iry lines. No boat houses, shelters, or docks ehnll he erected on the southerly shore of said tmcts. Tract I, Registered Liind Surrey Number 416, riles of Registrar of Titles subject to the following llnltutlons, restrictions and usesi * 1-Thls Is a part of serrlco roads to bo used by parties of the second part In coz\Junctlon with the own'irs of other tracts In said registered land surveys Number 35b, Number 411 and Number 415. v/ 2- I'artloi of tho Bocond part ehall be n*oponB5blo for their share of the / upkoop 01 that part of the service road which crossoa or ru&s alongside I of their tract with all users of said parts of service roads* Theso L 8 lid roads shall first be gredod and grarellod by partios of the first \ P rt. • I no tine shall parties of tho second part attcopt to monopolize or obstruct free traffic on said eorrico roads* i 1 . * • Tract P, Registorod Land Surrey Nusbe# 415, Piles of R*jgistrar of Titles, ' subject to the following limitations, restrictions and uses: *. • ( 1-Thls ic a part of the serrico road BU, Registered Lend Surrey Number 41^ and LV(PQT, R^glsterod Land Surrey Nuebor 411, and ehull hare no structure* thereon and shall be used In conjunction with the owners of other tracts in enld subdivision.• I -fi ‘ ' /Tracts J and 0,. Regieterod Lund Sun,ey Number 415, Files of Raglstr/.r of Titles ( subject to the following limitations, restrictions and uses: 1-Theso are known as docking areas. Per.mncnt boat house, shelter and dock nay br. erected 'n Tract 0. A r.r.all dock and boat shelter w.ay b» erected in ennt'-r oi rract J, cloao to shore and p.arallel to service road I. All of tho above tr;icte shall bo subject to tho following limitations restricticne and uses In addition to those set out a'^iore. * •w o ^STc ■t=a gg£oo«<n^ 2.3-g S 3 S 2. 3 2 2 »^ ^ 1% -3^3< SC<tz — Q. O i?n ma Q, 3 0* 3 O « 2. "3Egcr ? C o S S. J? * ^ il C. 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