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HomeMy WebLinkAbout09-16-1985 Planning PacketPLANNING a'MMlSSlON MEETING MONDAY, SEPTEMBER 16, 1985 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS (*)Asterisk items are considered to be routine items to be enacted upon by one motion by the Planning Commission under the Consent Item* on the agenda. Discussion will be held upon request. COUNCIL REPRESENTATIVE - Tim Adams ATTENDANCE 1. CONSENT AGENDA* SCHEDULED PUBLIC HEARINGS 2. 7:30 p.m.#963 Willow Properties, 700 Old Crystal Bay Road Preliminary Subdivision 3. 7:45 p.m.#967 & #968 John B. Idstrom, 7580 Fox Street - Preliminary Subdivision and Conditional Use Permit 4. 9:00 p.m.#966 Clifford Otten, 2445 Sixth Avenue North - Zoning Amendment APPEARANCE 5. 9:15 p.m.John Shardlow - Introduction - Comprehensive Planning Study of the Highway 12 Corridor ACTION ITEMS 6.#819 *7.#906 8.#926 9.#952 10.#955 11.#958 12.#959 William Mills, 200 Leaf Street - Preliminary Subdivision - Second Review Shirley McWilliams, 1120 Willow Drive Subdivision of a Lot Line Rearrangment Richard Pula, 2015 Webber Hills Road - Conditional Use Permit - Second Review Frank Kokesh, 4100 Watertown Road - Appeal •• Interpretation of Stock Farm and Home Occupation Section Continuation of Public Hearing David M. Winton, 1780 Shoreline Drive - Conditional Use Permit - Public Hearing Voyageur Service Center Inc., 2420 Shady=!- Variance and Commercial Site Plan Review - Public Hearing George E. Johnson, 365 North Old Crystal Bay Road - Variance - Public Hearing ! ^ ! ! L PLANNIliG CX)MMISS10N MEETING MONDAY, SEPTEMBER 16, 1985 7:30 P.M. 13.#960 & #961 Lakcview Golf Course, 409 North Arm Drive - Variance and Conditional Use Permit - Public Hearing 14.#962 Lawrence C. Wade, 670 Old Crystal Bay Road - Conditional Use Permit - Public Hearing 15. #964 Stephen & Jan Watson, 880 Partenwood Road - Variance - Public Hearing 16.#965 John S. Pillsbury, Jr., 1280 Bracketts Point Road - Conditional Use Permit - Public Hearing *17.#969 Rolla Martin, 2675 Shadywood Road - Variance - Public Hearing 18.Approve Zoning Amendment Presented at August 19, 1985 Meeting ADDITIONAL ITEMS 19. Planning Commission approval of August 19, 1985 Minutes OctXV'T.^TssVounciJVeVin^ “ '‘“end the adjournment NIHUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE 1 ATTENDANCE 7:30 PM CONSENT AGENDA* The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Sime, Rovegno, Goetten, McDonald, and Kelley. Taylor was absent. The following represented the City Staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Senior Building Inspector Jacobs, and City Recorder Peterson. Council Representative Adams was also present. It was moved by Rovegno, seconded by Sime, to approve the Consent Agenda as submitted. Motion, Ayes 6, Nays 0. •963 HILLON PROPERTIES 700 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION/ 1962 LAWRENCE C. WADE 670 OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT COMBINED PUBLIC HEARING 7:30 - 7:38 Bill Gagne was present for this matter. Also present representing the Montesorri School was applicant Lawrence Wade, and Jeri & Greg Miller. The certification of mailing and affidavit of publication was noted. The purpose of this combined public hearing was to respectively consider the following requests: #963 - Preliminary subdivision of Let 2, Block 1 Willow Properties Addition in order to create a 2 acre lot for the future us of a day nursery school. #962 - Upon approval of the preliminary subdi*'i sion, a Conditional Use permi t to construct a Moi tesorri nursery school within proposed Lot 1 of the second subdivision for Willow Properties. It was noted by the Planning Commission and Zoning Administrator Mabusth that upon approval of these requests, these items should be exempt from the upcoming proposed Ordinance limiting development within the Highway 12 Study area. There wore no persons present objecting and the public hearing was closed. It was moved by Sime, seconded by Goetten, to recommc?nd approval of the Preliminary Subdivision application of Willow Properties Inc., subject to staff's recommerd'^-’ conditions amending Condition 15 deleting "Approve sewer service to school Motion, Ayes 6, Mays 0. Jeri Miller stated that they feel there is a need for another nursery school in the area although a formal study has not been done. '3 MINUSES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1965. PAGE 2 1963 WILLOW PROPERTIES/*962 LAWRENCE C. WADE continued Zoning Administrator Mabusth stated that this school is an permitted use in accordance with the objectives of the RR-IE zoning district under a Conditional Use permit. It was moved by Rovegno, seconded by Sime, to recommend approval of the Conditional Use permit to construct a Montesorri nursery school subject to staff's recommended conditions and upon availability of adequate sewer units determined by staff and Council. Motion, Ayes 6, Nays 0. *967 & #968 JOHN B. IDSTROM 2580 POX STREET PRELIMINARY SUBDIVISION AND CONDITIONAL USB PERMIT PUBLIC HEARING 7:47 - 8:52 John Idstrom was present for this matter. The certification of mailing and affidavit of publication was noted. Staff recommended that. Planning Commission hold the public hearing on this matter but table any decision by the Commission pending receipt of engineering plans for read and septic test and design information for 2 acre lot. Dean Lindbloom, 2630 Fox Street, questioned the need for the conditional use permit, which was explained to him by Goetten. Darrell Plucker, 2640 Fox Street, was present for this matter but made no comments. Thoi e were no other persons present for this matter and the public hearing was closed. It was moved by Callahan, seconded by Goetten, to table this matter due to an incomplete application. Motion, Ayes 6, Nays 0. 1966 CLIFFORD OTTEN 2445 SIXTH AVENUE NORTH ZONING AMENDMENT PUBLIC HEARING 9:09 - 9:24 Cliff Otten was present for this matter. The certification of mailing and affidavit of publication was noted. The purpose of thispublic hearing i s to consider applicant' s request to amend the existing zoning district standards to permit commercial uses that do not require municipal services and that will be compatible with surrounding rural residential development, specifically a "garden center" at 2445 Sixth Avenue North. i i -i KIMUTBS OP TH.B PLANNIHG COMMISSION MEETING MELD SEPTEMBER 16, 1985. PAGE 3 #966 OTTEN continued Staff's reccnmiendation is to table this matter for a zoning amendment subject to the resolution of planning study. However, there were persons present that wished to make their comments regarding the "garden center" so the public hearinq was held. Mr. Otten stated that when he started this process back in Febtuary, he was unaware of the proposed moritorium and assumed that the zoning wou Id not become any more restrictive than it already is. He stated that his proposal is compatible to this ^urai residential area. He stated that only about 5 of the 25 acres would be actual commercial and kihould be regarded as "soft" commercial and the rest of the property would b<^ agricultural. John H. 6 Connie Lien, 2700 6th Avenue N., were present for this matter. John Lien stated that they built a home in the area three years ago and the rural residential area is what appealed to him. He would be against any kind of commercial zoning that would jeopardize the area. Carol Carroll, 2600 6th Avenue N., was present and stated they bought in this area because of the rural residential area. She also expressed her concerns of the increased traffic commercial use would create and that she is very much against it. Chairman Callahan read into tne record a letter from Kevin and Mona Hawkinson, 1125 North Wi Ilow Drive, objecting to any type of commercial use in this area. Jim & Bernie Cox, 1120 N. Willow Drive, and Cliff Hillstrom, 1160 N. Willow Drive, were present but made no comments. There were no other persons present with comments and the public hearing was closed. Chairman Callahan felt that there were no grounds to grant the application and it should be denied. McDonald and Kelley agreed with Callahan's statement. Rovegno stated that it could not be granted until after the study has been done. Tt was moved by Chairman Callahan, seconded by McDonald, to deny the application to amend the existing zoning. Motion, Ayes 5, Nays 1. Rovegno voted nay stating he felt this appl ication should be tabled rather than denied at this time. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE 4 JOHN SHARDLOW - INTRODUCTION COMPREHENSIVE PLANNING STUDY OF THE HIGHWAY 12 CORRIDOR Chairman Callahan stressed to the public the importance of attending the upcoming series of public hearings. Kelley questioned who initiated this study, staff or council?. Councilman Adams stated that the Council acted on the basis of observing what was happening in this area and to back up logistically the present zoning. Zoning Administrator Mabus _h explained how the boundaries of the s-'udy area were determined and that all affected res ;nts within the area and 350' outside the area have been sent letters notifying them of this study. John Shardlow, Consulting Planner and Vice-President of Dahlgren, Shardlow, & Uban, introduced himself and made his presentation regarding the process of this study. PROPOSED ORDINANCE LIMITING DEVELOPMENT WITHIN HIGHWAY 12 STUDY AREA It was moved by Chairman Callahan, seconded by Goetten, to recommend adoption of an i'^terium ordinance for the purpose of protecting the planning process and the health, safety and welfare of the citizenry, excluding the Montesorri School subdivision area. Motion, Ayes 6, Nays 0. 1819 WILLIAM MILLS 200 LEAF STREET PRELIMINARY SUBDIVISION SECOND REVIEW Bill Mills was present for this matter. It was moved by Sime, seconded by McDonald, to recommend approval of the Preliminary Subdivision subject to staff's recommended conditions. Motion, Ayes 6, Nays 0. 1906 SHIRLEY McWlLLIAMS* 1120 WILLOW DRIVE SUBDIVISION OF A LOT LINE REARRANGEMENT LaDean McWilliams, 1130 Willow Drive, was present for this matter. It was moved by Rovegno, seconded by Sime, to recommend approval of the metes and bounds subdivision as proposed and a setback variance of 7 feet for garage on Parcel C based on staff's findings. Motion, Ayes 6, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1965. PAGE 5 #928 RICHARD PULA 2015 WEBBER HILLS ROAD CONDITIONAL USE PERMIT SECOND REVIEW This application was previously tabled ponding receipt of required septic testing and system design information. Dick Pula was present for this matter and explained that his existing septic system was found to be adequate but he still intends to improve the system. Mr. Pula explained the purpose of the need for this guest apartment in an attempt to care for the elderly and his own, and is not ever planning on using it as rental property and is against rental property in his area. Chairman Callahan expressed concejrn for this turning into rental property in the future. Kelley, Rovegno and Sime stated their agreement with the applicant's request and felt this was an appropriate use. Goetten felt the lot was to substandard to allow any more variances. McDonald stated that a precedent would be set by approving this type of use and standards should be set f>rst. Chairman Callahan stated that it was too much of a variance from the code to allow. It was moved by Kelley, seconded by Sime, to recommend approval of the conditional use permit subject to the property not being rented in the future, one occupant only, and entrance to apartment be internal. Motion, Ayes 3, Nays 3. Callahan, Goetten, and McDonald voted nay. Mr. Pula was advised that his request will be heard by the Council for a final decision. RECOGNITION At this time, Mr. Pula wished to publicly thank Building Inspector, Tom Jacobs, for his assistance in dealing with a problem with his contractor. #952 FRANK KOKESH 4100 WATERTOWN ROAD APPEAL - INTERPRETATION OP STOCK FARM AND HONE OCCUPATION SECTION CONTINUATION OP PUBLIC HEARING 10:12 - 10:36 Lou Oberhauser, attorney for the applicant, was present for this niatter. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE 6 «952 KOKESH continued Mr. Oberhauser explained how the issue of the necessity of a conditional use permit came about. He stated that since the ordinance came into effect in 1975 this property has been permitted use as a stock farm. Mr. Oberhauser referred to two issues that have been brought up, the selling of tack and periodic riding lessons. He explained that Mrs. Kokesh takes orders over the phone for special types of tack and it should be considered manufacturer's representative type of business rather than a production commercial type of business. He also explained that the Kokesh daughter periodically gives lessons to accommodate the boarders. Mr. Oberhauser requested direction on the types of permits required. Zoning Administrator Mabusth stated that within the recreation section of the code a conditional use permit is required because of the riding acadamy nature; and a variance would be required for the home occupation. Mabusth recommends that Mr. Oberhauser's client file formal applications for a conditional use permit and a variance. Earl Dorn, 4045 Watertown Road, was present to state his feelings regarding this matter. He stated that it has taken the City a year to act on this and it is clearly a public stable. He feels that the ordinance should be applied equally to residents. He stated that the problems include the increased traffic because of the horse shows, chuckwagons, loudspeakers, tack and lessons are adverti sed. He also noted that the City building inspector should check to see if all the buildings on the property were built under the authority of building permits. Mr. Dorn stated that if the applicant were to apply for the necessary permits, he would be opposed to the unlimited expansion of the operation. Kelley stated that there seemed to be no problems at the horse shows he has attended at this property regarding the traffic and operation. He further stated that he never saw any type of over-the-counter sales of tack. Simv stated that he feels this is a proper use in this area and encourages it. Ocetten stated that conditions and limitations should be set on these types of operations. Mr. Oberhauser stated that he felt the type of sales of tack involved were covered under the home occupation section because the sales were limi«^od and of the catalogue type. Planning Commission concurred that applicant should file the appropriate applications upon staff's recommendation to be heard before the Planning Commission. MINUTES OF THE PLANNING COMMISSION !TING HELD SEPTEMBER 16, 1985. PAGE 7 1955 DAVID M. WINTON 1780 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 8:22-8:27 The purpose of this public hearing was to consider the request for a conditional use permit to allow the construction of a guest house on commonly-owned property by the applicant. The certification of mailing and affidavit of publication was noted. Penny Winton was present for this matter and stated they had no problem with the conditions recommended by staff. Commission noted to the applicant the problems of a lot line rearrangement should the guest house parcel be sold off separately in the future. There were no persons present objecting and the public hearing was closed. It was moved by Sime, seconded by Kelley, to recommend approval of the conditional use permit subject to staff's conditions. Motion, Ayes 6, Nays 0. ; #958 VOYAGEUR SERVICE CENTER INC. 2420 SHADYWOOD ROAD VARIANCE AND COMMERCIAL SITE PLAN REVIEW PUBLIC HEARING 10:58 - 11:17 Jack Welch, applicant, and Erv Smith, owner, were present for this matter. The certification of mailing and affidavit of publication was noted. Voyageur Service Center proposes to add to the existing building which would require a front and rear setback variance and the proposal involves a mxxed use being a car wash/service station/ convenience store. It was noted that although this is a mixed use, the use is similar and the trend is moving toward this type of use. Jack Welch presented a revised plan and explained his proposal to the Commission. The Commission discussed the issue of increased sewer units that would be needed for this proposal. Senior Building Inspector Jacobs stated in his memo that there are numerous items that were not available for the Planning Commission to review but should bo submitted before this matter is presented before the Council. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE 8 1958 VOYAGEUR SERVICE CENTER INC. continued Kelley stated that he would approve of the mixed use, but would have a problem approving the variances. Senior Building Inspector Jacobs stated that he would like the City Engineer to review the traffic flow. The Commission briefly discussed the traffic flow and parking spaces. The Commission noted that because of the incomplete application it is difficult to approve at this time. It was moved by Rovegno, seconded by Sime, to table this matter upon submission of a complete application. Motion, Ayes 6, Nays 0. Planning Commission gave the applicant some direction vr. V Iff. ing their views of granting the mix use and setback variances for his consideration. t959 GEORGE E. JOHNSON 365 NORTH OLD CRYSTAL BAY ROAD VARIANCE PUBLIC HEARING It was moved by McDonald, seconded by Sime, to table this matter in order for the applicant to appear before the Commission to answer questions. Motion, Ayes 6, Nays 0. #960 i #961 LAKEVIEW GOLF COURSE 409 NORTH ARM DRIVE VARIANCE i CONDITIONAL USE PERMIT PUBLIC HEARING 11:28-11:30 Grant Wenkstern was present for this matter. The certification of mailing and affidavit of publication was noted. The purpose of this public hearing was to consider the request 1) for a variance to construct a storage building in oxc'^ss of 1000 s.f. located 47 feet from a lot line 2) for a After-the-fact Conditional Use Permit to clean & widen an existing ditch area , excavate a low area to create a 20 ' xl75 ' pond, and excavate a portion of a dijsignated wetland to solve a drainage problem. Zoning Administrator Mabusth stated that Key Peterson, a neighbor, called to voice his approval of this proposal. There were no persons present objecting and the public hearing was closed. Per Commission's request, Mr. Wenkstern agreed to locate the proposed building 50 feet from the lot line rather than the proposed 47 feet. 4 MINUTES OP TUB PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE ^ I960 i 1961 LAKEVIEW GOLF COURSE continued It was moved by McDonald, seconded by Sime, to recommend approval to construct a stviacje building in excess of 1000 s.f. 50 feet from the l<»t lire. Motion, Ayes 6, Nays 0. Regarding the After-the-fact Conditional Use permit request, Mr. Wenkstern presented pictures of the work he has done to improve the drainage problems. It was moved by Callahan, seconded by McDonald, to recommend approval of the After-the-fact Conditional Use permit. Motion, Ayes 6, Nays 0- «964 STEPHEN k JAM WATSON 880 PARTBNWOOD ROAD VARIANCE PUBLIC HEARING 8:54 - 8:57 Jan Watson was present for this matter. The certification of mailing and affidavit of publication was noted. The purpose of the public hearing was to consider the variance request of hardcover tradeoffs in order construct a garage addition, making the existing garage into living space. Applicant has proposed a reduction from 39.1% hardcover to 38.8% hardcover in the tradeoff. Commission questioned applicant on the necessity of the hardcover for the dog run, which comprises of approximately 3% hardcover not being traded off. Mrs. Watson stated that the dog run hardcover is really needed. There were no persons present objecting and the public ‘..earing was closed. It was moved by Sime, seconded by Goetten, to recommend approval of the variance as proposed. Motion, Ayes 6, Nays 0. t965 JOHN S. PILLSBURY JR. 1280 BRACKETTS POINT ROAD CONDITIONAL USB PERMIT PUBLIC HEARING 8:04 - 8:13 Mr. £> Mrs. John S. Pillsbury Jr. were present for this matter. Also present was applicant's architect. Garth Rockcastle, ar.d landscaper. Herb Baldwin. The certification of mailing and affidavit of publication was noted. The purpose of this public hearing was to consider a request for a conditional use permit to cut/fill within 75' of lakcshore, cut/fill in f loodplain area to construct a home on a relatively low parcel on Brackett's Point. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE 1C 1965 PILLSBURY continued Mr. Rockcastle explained the proposed grading and contours to the Conunission. He stated that the amount of fill to be brought in is unknown but should be minimal. Mr. Rockcastle was requested to determine the approximate yards of fill that would be needed before the Council meeting. Commission questioned the need to cut in the area. Zoning Administrator Mabusth stated that upon the request of the Minnehaha Creek Watershed District, because applicant is filling in a designated f loodplain area they must compensate by creating another floodplain area. There were no persons present objecting and the public hearing was closed. It "'as moved by Rovegno, seconded by Sime, to recommend approval of the conditional use periiiit for filling and cutting in the flood plain area and 0-75' lakeshore setback area subject to the condition that suitable lakeshore protection measures are provided to eliminate any sedimentation into the lake provided that this requirement is imposed upon the applicant by the Watershed District and applicant desires to do so. Applicant is put on notice that the Planning Commission desires the elimination of the need for the 6" cut. Motion, Ayes 6, Nays 0. 1969 ROLLA MARTIN* 2675 SHAOYWOOD ROAD VARIANCE PUBLIC HEARING It was moved by Rovegno, seconded by Sime, to table this matter until the November Planning Commission meeting per applicant's request. Motion, Ayes 6, Nay 0. ZONING AMENDMENT It was moved by McDonald, seconded by Rovegno, to table this matter until the next Planning Conunission meeting at 7:00 p.m. to be discussed and acted upon. GUEST HOUSE ORDINANCE Planning Commission recommended a suspension of guest house variances for 6 months for staff to review this ordinance and make a recommendation. APPROVAL OP MINUTES It was moved by Goetten, seconded by Callahan, to approve the Minutes of the August 19, 1985 Planning Commission meeting as submitted. Motion, Ayes 6, Nays 0. I ! « ‘ V.; MINUTES Oy THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE H COUNCIL MEETING REPRESENTATIVE Chairman Callahan will represent the Planning Commission at the October 7, 1985 Council meeting. ADJOURNMENT 11:40 PM The Planning Commission meeting adjourned at 11:40 PM. 4 } To;Pinnninq Commission From;Jcanno A. Mabusth, Zoning Administrator Date:September 10, 1985 Subject; #963 Willow Properties, 700 Oid Crystal Bay Road - Preliminary Subdivision Zoning District - RR-lB Total Area - 17.7 acres - approximately 3 +/- acres of wetlands Application - Subdivision - Plat - 2 Lots Lot 1 « 2 acres dry buiidabie Lot 2 = 15 acres - approximately 11 acres dry approximately 4 acres wet List of Exhibits Exhibit A Exhibit U Exhibit C Exhibit D Exhibit E Exhibit F Application Property Owners List Plat Map Subdivision Designated Wetlands State Statute The applicant proposes the division of Lot 2, Block 1 Willow Properties Addition in order to create a 2 acre lot for the future use of a day nursery school. Application #962, included in this packet, is the conditional use permit application of Lawrence C. Wade that proposes a Montessori nursery school for pre-school children within proposed Lot 1 just to the north of the future building site of the Hennnepin County library. In the original subdivision review for Willow Properties Addition, the City did not acquire drainage casements over the designated wetlands preferring to wait for a future subdivision. It would appear from the enclosed section of the designated wetlands map that a small porcion of one of the wetlands en­ croaches proposed Lot 1 along the northeast boundary line. Staff recommends that the total 3 acres wetland be designated and that the City acquire the customary fiowage and conservation easement over the defined wetland area. Access to the new lot shall be via the existing road outlet. Applicant should work with agents of the future school and library in order to determine scheduling ot the construction of access road. The City will require engineering plans for the road up to the access drives serving both future uses. The City will also expect maintenance covenants to be executed by applicant, school and Hennepin County. Zoning File #963 September 10, 1985 Page 2 Applicant assigned 2 of 3 assessed sewer units to the Hennepin Library facility. City will ask applicant to advise if 1 remaining unit is to be assigned to new school. Additional units were made available to this property as a result of the Orono, Medina, Long Lake interceptor project of a few years back. If school requires more than 1 sewer unit, applicant must petition City for additional units. The property is located within the Highway 12 planning study area. The limited development ordinance to be considered by the Council at their October 7th meeting will place restrictions on ail development within the defined area. Note State Statue 462.355, Subdivision 4 excludes subdivisions that have received preliminary subdivision approval. The application is scheduled for Council review on the same Jite. The interim ordinance, effective once published, will not have any effect on this application but will create prcolems for the conditional use permit for the school use. We v/iil address this issue in the review of application #962. Staff Recommendation To approve the two lot plat subdivision application by Willow Properties subject to the following conditions: 1. Formal plat to designate all wetland areas and City to acquire fiowage and conservation easments over drainage easements . 2. Engineering plans for access road to serve library site aiid future school. 3. Mainentarce covenants to cover maintenance and upkeep of roadway. 4. Payment of park fee of $200.00 for Lot 1. 5. Approve sower service to school - applicant to advise City if additional sewer units over 1 assessed unit are necessary and if so applicant must petition City for additional units. n : i nI' fr 063 Fee Bec'(l :7 ^ ^c- CITY OF OKONO I-71^-^/ SUBDIVISION APPLICATION FORM APPLICANT Name ^ ~in --------------------- Telephone ^ J<r> V> _ Mailing Address ^ PV"' 7/. /l-/L ^ SrJ'J I PROPERTY Name —_»_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Telephone*^ OWNER Mailing Address_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ (Attach list if more than one) PROPERTY LOCATION -/,0O <D/c^ Chjo~txJ Pc/. Street Address <1-? <7j l-U /;^ Property Identification No. (P.Pd.) 3^ - ^ 3,^- / - q^jo 3 Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels / Development Size ^_ _ __ Acres Dry Land _ _ _ _ _ _ _ _ Acres Wet Land _ _ _ _ _ _ _ _ Acres Total, all parcels Present Use (check) /^^^<^/,.;^yResidcntial; no. of units _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Zoning District __ _ _ _ _ _ _ _ _ _ __ ** ** ** ** ** ^ ^ ^ •• ^ ^ •• % mm mm mm » mm mm ^ ^ mm mm mm ^ ^ mm mm mm ^ mm ^m mi ^ ^ ^ ^ PROPOSAL ____ Division for Tax Purposes _ _ _ _ _ Lot Line Pearrangement Only (no new building sites) Subdivision for Now Building Sites Number of Building Sites: /_ _ _ Existing Units _________ New Units _ _ _ _ _ Total Units Proposed Gross Density _ _ _ _ _ Units per _ _ _ _ Acres t » Minimum Lot Size: cy/ W /9 }''< 7- 'i i' Square Feet Dry Buildable Proposed Usic: (check) _ _ _ _ _ Residential c Other (sr)ecify)-^ y-~. ■ rz^ ^ - - - - - - - - • ^ (OVER) \ \J MINIMUM MATKHJAL NECIi.Sr.AKY FOR COMPJ.ETK PRELIMINARY APPLICATION ^ • 1. Application Completed Preliminary Plat information on Certificate of Survey.2. J 3.Certified Property Owner's list of owners within 350' (this list can bo obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4 . Stamped, legal sized otivelopes ( #10 ) pre-addrossed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ Date MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PIJVT APPLICATION Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of .<"ormal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature __ _ _ _ _ _ _ Date FEES Sketch Plan Review (Class 1, II h 111)S150.00 Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review (Class IIT 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 agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Owner's Signature _ _ _ _ _1 C A) '■ <-- Date Date /■ ' - A . Applicant must have all sulimittals into the City offices 25 days before the Planning ‘Commission Meeting. Planning Commission Meetings are usually hold on the thiici Monday of «.:aeli montli. r TJTX. * « O iS m4 a • lu go K*- l*i B C Ui in>- <n s 2Sor •-»O w Z inM tt Ui !! 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[?.?JI a« •: * 1 ‘t ;. ; V* 1 jj • ^ !1 »' t » •> f 7?^4 • niiiL* Jvnlv lulH The •K* I'llfXJscJ “r In xrJinanic > ihc follow. not include ■n may be provid- Mnitiurc of (he •Iy lo ihc |;<Aefn. •S body j)f any an official map '**• 1 he board 6 and section • the governing ■>r ap{>cab and ^ or a comnui- •justincnis. and he given such he board, the '»vidc that the jcc( ii> judicial [ later judicial appeals and to interested e board shall serve a copv tay appear at lions as rruv c conduct of g of oaths to 'hall provide meetings, ns the final act as the n an appeal * authonred and rep<>ri rOMPRE- ttng commission • governing body \ he provided ! other municipal : :> '.I not MM,. Kl mvi HII’NUM. ft ANMM,. /OMM, 4*;.V?A pl.innme igciKV shall l.ikr iluc tt»em/.inve i»f the piamime .uiiviiies of adiacent i;n:is of eovernment aiul tilher aflevied pubttc aeencics. I he planning agcncs %hall pcri“d»ealU review the plan and retomincnd amendments whenever neecs- virv. Subd. 2 PriKtHliire for plan adoption and aniendnuml. The planning agenev m.iv. unless idherwisc provided h\ charter or ordinance ctmMsteiil with the miiniapal cliartcr. adopt and amend from lime lo time a compiehcnsive municipal plan as its recommendation to the governing Kidy. The plan mav be prepared and adopted m sections, each of which relates to a major subject i>f the plan or lo j major geogr.iphical secliim of the mumupalitv. Ilie gi>vermng body may pri pi'sc amendments to the comprehensive municipal plan bv resi'luiion submillcd 10 the planning agency Before adopting the comprehensive municipal plan or .inv section or ameiidmciil of the plan, the planning agency shall hold al least one public hearing thereon. A notice i»f the lime, place and purpose of the hearing sh.ill be published once in the ofticial newspaper of the municipalitv at least ten v!avs before the day i»f the hearing. 'Ilic pr*>poscd plan, section of the plan, or .iinendmcni shall Ixr iransmillcd to the governing body prior (o the publication of ihe muicc of hearing. Adi^piion and amendment of the comprehensive municipal plan iir of any section thereof shall he by resolutu>n adopted hv a majoriiv iT all the memlHTs of the planning commission. A copy of the plan or of any .section or amcr.dmeni thereof adi'pied by the planning agency shall he certified lo the Ciwerning K>d\ of the municipality. .Subd T Adoption by govemint; hodv. I nlcss othcnvisc provided by char ­ ter. the giwernmg bi>dy may by resolulivui I'f a majority of its memlicrs adopt and amend the comprehensive plan or piirlion diercMf so recommended as the official municipal plan upi>n such notice and hearing as may he prescribed by ordinance. I'ntil so adopted by the gt>verning f)ody. the pl.in shall Cimstilute only the recommendation of the p*lanmng agency. Subd 4 Interim ordirunce. If a municipahly is conducting studies <^r has authi'ii/ed a study to be ci>nducled or has held <»r has scheduled a hearmi; for the purpose of considering adoption or imcndincnt of a etmiprehensivc plan or official vontrols as defined m sectn>n 402.352. subdivision 10. or ii new icrriit'ry for which plans or controls have nut been adi>pted is annexed lo a mumcipahlv. the governing body of the municipality mav adopt an interim ordinance applicable lo all oi part of Us jurisdiction fi^r the purpc>sc of protecting the planning process and the health, safely and welfare of its citi/cus. The interim ordinance may regulate, restrict or prohibit any use. development, or suKlivision wiifun the jurisdiclum or •i pvuiu n thereof fi>r a perunJ ni'i to exceed iUic year fri>m the date it is effective, and may be extended fi»r such additional perunls as the imimcipahiy may deem ippropriale. not exceeding a additional period of IK months No interim orvhn.ince may hall, delay, or impede a subdivision which has been gnen preliminary approval prior lo the effective date of the interim ordinance Hfsfnry: e 070 s c 127 s 21, 1977 t 247 s OS. I9S0 c 566 s 24 PHCH IDl RT FOR IM.W FFTFril ATION: C;FNFR\UA. SubdivisKui I Riromniendations for plan i'xci'tilion. I'pon the leeommen- ill prepare ng agency ncnls and St m the $ ■•vines «h*Wl dilum by the planning agency of the comprehensive municipal plan or sections ‘hereof, the p!.inning agency shall studs and propc»sc to the g(»vcrnmg body reasonable *md practicable means ftir pulling the plan or section o( the plan into ^‘•evt Subject to the limitations of the ft4hwvmg seclu>ns such means include. ‘ ^t are no! limited to. zoning regulations, regulations for the subdivisum of land. official map. a piogr.im for cAiordinatum <4 the nt»rmal public improvements »nd ^crvices of the mumcipahlv. urban reiiew.il and a capital impawemenis P'*'gram. r i •I MwrtA.' 1 Zoning File #967 September 11, 1985 Page 2 1. Septic testing report 2. Proposed driveway location and other engineering data regarding the driveway construction in the designated wetland 3. Written confirmation that the owners of the private road will grant legal access to Lot 2 The plat will, of course, be subject to the standard drainage and utility easements at ail property boundaries, and is subject to conservation and flowage easements over the desgnated wetlands area. ,i !l I i ? > U i !II i j 7<' U /j t ^ f t* * ✓ 2 HV#967CITY OP ORONO SUBDIVISION APPLICATION FORM 6ljkiu fiiJ.Da te \Rcc ' d ^ ^ J^.r Fee Rec * d f '7 7 ao<r<' APPLICANT Name 7^77^^^ £. A. y //Telephone i/7S-.?J^PJ7 PROPERTY Name OWNER Mailing Address Z5PP p/7x \7^f<r U^ArPATA <7SS*^/ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Telephone Mailing Address _ _ _ _ _ _ _ _ _ _ (Attach list if more than one) PROPERTY LOCATION Street Address 2^ So ST^CfT ^ l*7jir7JtrA <r,r.?9/ Property Identification No. (P.I.D.) *-/~/H^3> "Y/ <70 Complete Legal Description to be attached to application EXISTING LAND USB Number of Tax Parcels Development Size /tp y /s, s Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (chec)c)Residential; no. of units Other ispecify) ^_ _ _ Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: / X Existing Units Now Units Total Units Proposed Gross Density Minimum Lot Size: Units per /S S' Acres //S^iSO Square Feet Dry Buildable CoMrf(r..*tKij Land Proposed Use: (check)X \ . Residential Other (specify) (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes {110) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Dcpaitnient that Final Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivisions) $150.00 $250.00 Preliminary Review (Class III and all non-residentia1) $300.00 plus 20.00/lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $150.00* Applicant has read t)ie above and her eby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Owner's Signature Applicant must hav Date X Date all Aulimittals into the City offices 25 days before the Planning Commi ssion\Le<iyi ng. Planning Commission Meetings are usually held on the third Monday of eacii month. l\ r.I /'^ t > V - f rt 7 6 'J- f^d,Datc\poc'd 5^ - .7. -3 ■ A'iTi^ --------- CITY OP ORONO SUBDIVISION APPLICATION P Fee Rcc'd • **' ^ /y 7 — >P^ So '•* I APPLICANT Name _ 7iP/J/U £ A. . //Telephone PROPERTY Name OWNER Mailing Address /^Ox S7^f.<r UJTIr^ATA SSS^/ —J/f/V£i _____________ Telephone Mailing Address (Attach list if more than one) PROPERTY LOCATION Street Address 25^0 yC/g>Jr Sr/fcf7^ /^^^TTjtrA Cr?<»/ Property Identification No. (P.I.D.) Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Pi.rce.Tis Development Size / /a. y 3^ / J3. s Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify) Present Zoning District yf PROPOSAL Division for Tax Purposes Lot line Rearrangement Only (no new building sites) ^ Subdivision frjr New Dcilding Sites Number of Building Sites: /Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size; Units per /S S' Acres //J^iyo Square Feet Dry Buildable 'J Land Proponed Use: (check)Residential Other (specify) (OVER) To: Prom: Date: Subject: Pinnninq Commission Michael p. Gaffron, Assistant Zoning Administrator September 11, 1985 (Subdivision); #968 (Conditional Use Permit) John B.A. Idstrom, II, 2580 Fox Street zoning District - RR-iB, Single Family Rural Residential - 2 acre Application - #967 - Subdivide a vacant parcel to create two building sites I’se Permit request to construct a drive­way through a designated wetland area List of Exhibits Exhibit A - Application - Subdivision ■ Conditional Use Permit Exnidit C - Property Owners List Exhibit D - Plat Map Exhibit E - Survey acres'"Sry?u'lVdTle)\°nto°twrnirbuUdYn“tit^^^^ Proposed Lot 1 (3.6 dry contiguous acres at building site), Proposed Lot 2 3-l_^a«es^dry (2.6 dry contiguous acres at building site), buiidf„gM:‘ ?“'irtbrn:r?s^:^‘“^E rbr™ry: this w\TtVn;.^^;j^^\te°ova?u:trL\'es"te';ta tr^n^b"*’"used on both lots. »^<-es veroaiiy that trench systems can be side onhe J oi;°‘l L o‘?sT o I" the west have been shown to the west side and designated; 60' corridors options open. In erthercasr a t I”"""' to^^ing the driveway traversed, requi rfng revierbv ^L w®‘‘. “'tiduds will have to be conditional use permit Watershed District and requiring a for b«rjhe““^u\Kliv?sTon\nd “Udru '^<=«ing comments by the public and make vonr applications, note any to your Ooto^'r 21st moor ino comments, and continue the hearing the applicant: '"’^^ting pending receipt of additional information from i i 1 I MINIMUM MATKKIAL NL'CESfiARY FOR COMPLETE PRELIMINARY 1. Applicntion Cm.plctcd < —q Preliminary Plat information on Certificate of Survey.2. 3. 4 Certified Property Owner’s list of owners within 350* (this li«;t can bo ?e«er348-327u" Hennepin County Department of Finance A-603 Gi^ernLn? compiete!“°" Department that Preliminary Plat Application is Zoning Officials Signature Date MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. z"in“«aSlaJ^ IrSn^gurr^"*""' Application is complete. PEES Sketch Plan Review (Class I, li s III) Preliminary Review (Class I 6 li Subdivisions) $150.00 $250.00 x'^r^liminary Review (Class III and all non^rcsidcntial)$300.00 plus 20.00/lot Final Plat Review (Class III) *(Plus any legal or engineering charges)$150.00* Applicant has read the above and hereby agrees to provide all information required ConL^c”'*® zoning Administrator, City Engineer, City Attorney, Planning necessary to process this application and furj^her agreel to pay all auditional fees established by ordinance. N CM M a. 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AT jU047/t /^A T N /O./ tAC*CS TVA 2.B t*c. bjer 7.31 AC. i>/tr ystc #967 Certificate of Survey ^ for John B.A. Idstrom, II ^ of Lots 13 and 14, Auditor's Subdivision Ko. 229 Hennepin County, Minnesota 7s^co' ^ £as t ^4 csrner* ^ Sez.4-tn-2j N M :• J./7K 2.€ t ACi€S C4A*ri4uc>aT r N*r 1*A- :• : •'y*•«.. § r 2 A J.V'AC. ! S./ t AC. lC€r* / AC Cftr *I ^ itcerzAA^ps AS A€K c/rr AtA** -f \ \ 7.?A' '♦! \ T I K \ \ >'\ I J_ I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 13 and 14, AUDITOR'S SUBDIVISION N-UKESR 229, HSr.’HEPIN COUNTY, MINNESOTA, using plat distances from the East line of said plat to establish the East line of the property, and using existing Judicial landrarks,set in a registration proceeding,to establish the West line of the property. It does not purport to shov ir.proveinents or encroachments except the existing travelled road. 1 * COFFIN & GRONBERG. INC. yiy^.yy. Gordon R. Coffin Keg. ih. 6064 Mark S. Gronberg Reg. No.12755 land Surveyors and Plarjiers Long Lake, MJ.nnesota Scale: Date ] • : 0 t « : 1" = 200' 4“2“84 , S '2 'j -SS Iron Barker found Iron Barker set Judicial landnark found ■»r^ VaTAJi AfiCA - /j'.S * AC>t*S ?./1 AjAij i4Jfr /c. 9 t ^Voad as travelled * I a \ To:Planning Commission Members From:Jeanne A. Mnbusth, Zoning Administrator Date:September 13, 1985 Subject: #966 Clifford Otten, .'*445 Sixth Avenue North - Zoning Amendment Zoning District - RR-IB Application - Amend existing zoning district standards to permit commercial uses that do not regv.: re municipal services and that will be compatible with surrounding rural residential develooment. List of Exhibits Exhibit A - Exhibit B - Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit C D E F G H Application Property Owners List Plat Map Key to Site Plan Site Plan Mabusth's Letter of 2/25/85 Council Minutes of 2/11/85 Roadway Classification Map At the Council meeting of February 11, 1985, Cliff Otten appeared before the Council to receive conceptual direction from the Council con­ cerning is interest in two rural zoned parcels of land that abutted High­ way 12 for the purpose of relocating his entire operation into one garden center. The garden center would house the commercial sales, maintenance facility, design office, displays, and garden areas. The Council responded positively to Otten's request but advised that current zoning would not permit the garden center use. Council advised staff to work with Otten in preparing the necessary amendment of the code and that Otten must decide on one of the two sites proposed (review Exhibits F & G). Otten was unable to obtain the most suitable site off Highway 12 and opted for the prcoosd site within the southwest quardrant of County Road 6 and Willow Drive Jorth. The 25 acre site is located within the defined study area. At this point we have no idea as to the final approved use of the area or if this is to be an area served by municipal services. It was Council's wish to see Otten's operation located within an unsewered rural area adjacent to a major artery where access and an increase in traffic would not create hazards or a nuisance for adjacent or nearby residential neighborhoods. The issue of amending the code to permit this kind of commercial use has become an integral part of this study and if accepted by Council would be included in any comprehensive zoning amendment resulting from this study. Such areas along Highway 12 that will not be sewered because of comprehensive planning preferences or sewer capacity limitations may bo suitable for uses such as Otten's level and type of commercial use. I i' I . 1, Zoning File #966 September 13, 1985 Page 2 1 have advised Otton of staff's position and of the pending Limitation on Development Ordinance. He has advised that he has applied for the zoning amendment in order to alert the City Council of his specific interest in the 25 acre parcel for the garden center. Otten feels that it is important early in this planning process to make all persons with interest in the area aware of the proposal. I also reviewed the implications of the interium ordinance in relation to his application and that staff would recommend tabling ail action on the applicantion until the study is cor.pieted sometime next year. Otten must appear before Council at the October 7th hearing if he wishes to counter staff's recommendation. Review of Otten*s Proposed Use Review Exhibits D & E. The site plan has not designated a scale so I am unable to review proposed setbacks of structures. An access has been design,.ted at VJillow and another at Sixth Avenue North. Screening has been provided along the street lot line of the defined commercial use area. Special attention must be paid to proposed plantings along the inter­ section . Discussion of Proposed Amendment Council directed staff to amend the existing rural residential zoning district to permit commercial uses that are compatible with residential neighborhoods. Staff suggests that these uses be permitted as conditional uses. The uses would not be listed as specific uses. The conditional use would establish performance standards for applicants to determine capatibiiity or compliance with established criteria or standards. Area Requirements - If the areas are to be unsewered, special concern must be given to additional area for septic drainfield sites both primary and alternate. We do this currently with ail rural subdivisions but with commercial uses it becomes very necessary to protect tested sites for future needs. Lake Elmo's code requires 1 acre of dry suitable lands set aside for septic needs for commerciai/industriai uses. Testing may prove that a specific use will need more area. The septic standards are established already for our rural community and can easily be amended to include the commercial. Area requirments for such uses should be two or three times greater than residential area standards. Setbacks - Setbacks must be more restrictive than for residential use. All structures 150 feet or more from all residential lot lines. Access - Direct access to intermediate oi minor arterial — access cannot~b^~o*ff collector, scenic parkway, private roads or access easements. Traffic - Heavy traffic generator would create hazards and major nuisance for primary residential uses. Uses associated with intense trucking demands would not be suitable. ! riliii4i Zoning File #966 September 13, 1985 Page 3 Time of Operation - ail activities may have to bo limited to day-time operations. Noise Factor - Any use associated with the emitting of steady or repetitive sounds is unacceptable. Strict Screening Requests - Uses such as warehousing that have relatively low septic needs would be attracted to these areas but their physical presence may not be capatible or aesthetically acceptable with surrounding residential areas. Screening cannot always provide immediate results. It may be necessary to place area limits on structures constructed in these areas. in developing the standards for the conditional use, it is imperative that we develop standards to protect the characters of the primary residential district. Staff Recommendation To table the Cliff Otten application for a zoning amendment subject to the resolution of planning study. Advise applicant to appear before Council at the October 7th meeting if applicant wishes to contest staff's recommendation. I s I , 1 ^ ^ CJTY OF ORONO #966GENERAL LAND USE APPLICATION PROPERTY LOCATION ^ . /^o. Site Address SC^,^Zy /<£w/ £ Property Identification Number (P.I.D.) //3 00/ 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 Name y/7 ^ S' $200.00 f) Lend Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning/^-^ $100.00 Appeals f- yOther - see fee schedule^ \ <ll;:. ^77?2- ^-^2 -f,j #966CITY OP ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address cf^ JL^ ^ A Property Identification Number (P.I.D.) ) I'S abstract or torrens?Please check one - Is the property (for Conditional Use Applications only) requYred^surveydescription to application if not included on APPLICANT Name Phone ^7}' s-y^-^s- Mailing Address _ ^V. ^ yV/J. OWNER Name Phone ^7J - s-y^s /y. /?AV. Date Property A^i^red _ _ _^^_ _ _ _ _ _ _^ (month/year) I ^^o ~^wn the adjacent parcels '------iIT of land. PEES - CONDITIONAL USE PEI^n^S $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^/^''^ ^ i $100.00 Appeals To ^ fnj Other - see fee schedule'\ . \ —T T"' ~TrTf-------1—r ~ T fXT > -pT inDiri T^qyi yi jiMij; CD CD V* . O lA Ma • UJ Si? Ilua r Ui H- O S M <ruou.•• M t*) M >" -5 ct o UJa Vo •-££ C. >• o K ft S'"ou z ►Ha UJ UJ X lA C> N rj o <o o o Xu 53 < UJ ^ ac^ a o O UJ o CM CM Z>• o fA UJ ►- CM u: >• I u < CO M o zz I o m lA u. lA -t ^ ^ ^ cA o o M o Ui lU CA <u. 'A lA Q: K» O iA lA 111 lU tu u:Urn ^s3 u*^ U t'* mi oo ro o o o KJ CJ a JZ ^ Cl UJ ►H ►-u < ►- 3 < »y lA lA Mn 3 I tA rA o »A o B u n UJ C-i N O M « M U- CA ►-« Ci. u UJ »H rA UJ CJu ^ o u: tij lA Ci. Uf LJ tl :•■ *-4 UJ Do O mi ir o u- iA (A to CJ o o (A UJ»-• «y a IJuo fA CM *f CQ ^y lA i< I o CJ tl iu UJu it U) lA 9 9 c3 o *A a (t (jo o ^ o n o lA t*» »-4 B l«- «A utO' r rt o Q :j ft o O Z UI < 5.•^ O' ^ &c5< 2 i CM CJ o o o o o Xu <o < Ho ct o CM o o CJ fj rA UJ CJ i. I u O U* -• Q r-< ft CJ ftr.ou < tA <o r>* y *y lA tA I >y »A r u lA O «> o •A O mi tT IJ UI i: u < X -J H* O *0 c) »A i: t> *• C. ft Oc» «t ft Z UJ < ftn Itu >• N_ < w r- a£O h“ O ti X e t ( Vi A 'i Otten B ros. NLIRSHRY &. LANDSCAriNG. INC. #966 OFFICE 4* nE<;iC.N CENTER: :2t‘, MAV/AfA BI\ P. U'NC. LAKE MAIl.lNO APPKISS PO fUA In*. lON(, I.AKT • 4;i ';4:' Area A: Area B: Area C: Area O: Area E: 1^1@[10WSfr^ PROPOSED LAND USE PLAN «626ige6 ( • i: CITY OF OiiQiTO i To consist of buildings and hard surface areas to include retail Garden Center, greenhouse flower production, equipment storage facility, aixl customer/ en^loyee parking Tree and shrub display and sales area Permanent planting display and recreational area with optional pond Agriculture cropland to be converted to tree and shrub growing range within a 5-year period To consist of permanent landscape planting to screen and beautify intersection. ‘Ihis area to also consist of identifying signage CiARPEN CESIER'liX AIU> IN 1 AY/A FA • 4'('U> LONC LAKE •4;tM:s I i I I r i I ORON^ CITY of ORONO •; liux Crystal Huy, Minnesota .‘)r)rt2.')* Municipal Offices 0/1 the North Shore of Lake Minnetonka February 25, 1985 Clifford L. Otten 2265 West Wayzata Blvd. Long Lake, MN 55356 Re; #890 Clifford L. Otten Dear Mr. Otten: At the Council meeting of February 11th, Council members looked favorably on your conceptual proposal for a limited commercial use of the two residential zoned locations identified as P.I.D. 35-118-23 44 0005, the Bergerson Property and P.I.D. 33-118-23 24 0002, the Robb Property. In fact, during that same review Council agreed to the staff recommendation to commence a comprehensive study of the current land use and possible rezoning of the Highway 12 area. Council member Adams suggested that this special study project not interfere or delay your formal application for an amendment of the code and rozoning. I am hesitant to encourage you to proceed with a formal application until the City has made a final determination of the zoning of the subject area. The positive feature of your ^PPlication is the minimal waste treatment demands and p6rference/need for well water. It would negate the original intent for creating a sp<^cial commercial use district that requires no municipal services if it is found that the site you have selected is located within a commercial or industrial district to bo assessed for minicipal services. I will discuss this concern with the Council at their February 25th meeting and got back to you as soon as I have clear direction on this matter. Sincerely, Jeanne A. Mabusth, Zoning Administrator Bl II him; A/(IMS(. . ^7J 73$7 • ASM SMM. ADMIMSIRMION A I IVAN( I 4?3 ri ELIC WORKS 4? i 7 \y4 n#niiiii MINUSES OF THE ORONO COUNCIL MEETING HELD PEHRLIARY 11, 1985. PAGE 6 f.l Counci Imcntbor Grabck felt tlint the general concensus of the Council is that they would like to give a variance to this applicant because of the hardships, and before the Council gets to the point of creating an additional hardship on this individual by giving him maybe 2-3', which is the same as giving 20-25' , he felt it should be approved. Grabek stated that the Council should not pull figures/numbers out of the air with no specific reason or engineering rationale. Grabek felt that before the Council gets to the point whor> they would create additional hardship for the applicant t not making the deck desireable or useable after redesignint the deck, he felt it should bo approved. Grabek felt that the Council's general tretjd is that the Council is going to allow some type of variance, and if they allow some type of variance to the 75' setback zone regulation, then the Counci 1 should give the applicant the 20'. David Kirscht asked that the 1/2" strip condition bo removed in that it would create a "trip strip" because the decking does not have railings, and pjeople would trip over this 1/2" strip. Council agreed that the "trip strip" condition could be removed as long as the applicant places this strip along any portion of the dock that does have railings. #887 FREDERICK WINSTON 765 SPRING HILL RD VARIANCE RESOLUTION #1727* CounciImember seconded, to T. Adams moved. CounciImember L. Adams approve Resolution #1727, A Resolution approving A Variance for Frederick Winston to permit construction of a storage building. Motion, Ayes (5), Nays Consol (0). #890/CLIFF OTTEN ^"«7-S^ay;:ata blvd CONCEPTUAL REVIEW Clifford Otten was present. Otten informed Counti1 that be was just pol ling them on whether the City would like this type of use in Orono and what locations they would prefer. Otten stated that this proposed site at 875 Kayzata Blvd would make it possible for him to combine his Long Lake and Wayzata businesses into one building. Otten stated that he doesn't know if this location will work or not so he may go back to his other possible locations. CounciImember T. Adams stated that this was a perfect use in that its non-sewered commercial . Adams stated that it still gives the surroundings a rural touch. Adams stated that nurseries are ideal in this type of non-sewered commercial zoning district. Adams stated that performance standards should bo developed for this possible type of non-sewered commercial zoning. k frlanfclMtUiiiiiMnrnnn a:cC >-c*—*LJ cC»—*%* «^ « a:h-cx UJ C UJ s 1—»-—•h-cr:or o ci: < O CL cC UJ H- or c£(X UJ UJ UJ o UJ o -J r—• #••J UJ <O UJ2•—<21 o P-C ^ ■ 1(0' ^^(pC d 04 ‘^€n cioutenber I6, l Plann!ni^ Commission: This is in r sponso to the Highway 12 Corridor Planning ^it idy. We are all in favor of the zi.nlng being left a.*» resiclonulal. It was roalcientlal when we bought in this cominunlty, and our bollef was tnat it would remain s such. I rememour a conversation with cowoi’kers a while back. I was tolling tnain what a nice area urono is, a rural typo setting, yet so close to town. fney s.'la I must be dreaming if I thought it would remain that way for long, tnat before long we would have business, Industry, apartments and low Ine me hoising just like everyone else. I insisted that Orono was a very unique area and that if that could l.e aopt out of any area it would be Orcno. They said Edina ouuldn't or wouldn't *ceep it out, so dcn*t believe that Orono will. I still hope I am right about Orono. I really don't see any need for rozoning. Is it to pass along a share of the taxes to business? A high senool economics student could tell you that business does not pay taxes but only collects them. And if taxes are the reason, Is it fall' to tax sonoone else for tno benefits we us urono residents receive? If the area is rezuned, we will most likely te before the board at some t'mo in the future, along with other residents of the area, asking for rozoning of our property also. IVo will hnve a rijfflcalt t'mo getting a fair price for our property if it is across :he street from commercial, unless ne too are zoned commercial. Please res.em: or tnat most of us do not cure to sit through meetings all year Ions to snow our disapproval. please accept this us our notice of nisapurovul, and co nut tninz tnat after you have ten or twenty meetings and tn© attonaance is a own that thjt means people must iiuw lo in favor uf rodevel'. pmont. In simply means they are si;k of the mjetings. In reference to ttxe proposed rezoning for utton ..uoary, I feel the same as for other cmrr.ercial as 1 have just statea. I do n.t believe that tnls is apox-jprl a te in a resldoritiai area oitner. If you will simply drive by vno present store you till notice laiq e neon alf^ns, wt.lch are no t too cvntriwn in roslder t.'ai ureas. Also as far nz a driveway on County Koko b is c ncernec. wny would it be safe for lundscaplni. venicles and otlier such vrucks to enter and exit when I was oroex-ed to close iny arlvowuy on Cty Hd 6 that had Loen there in e.-.cess of loC years because of safety. Also Jf a driveway mere on Cty Rd 6 only for c mpany vehicles, ho« many just mars woulu .T.'snaKjniy tux'u in ini: n.avo to turn around again causing more tx’af; ic hazarcs. •i *-v wari>iia N; 4-. If I had to choose u carjnarcial typo of baslnaas to live next to, a nisory would be nice. However, I also realise that nuseries, alonir with drlrlnf- ranges, gi’avol pits, etc., are only temporary uses of the land, and as soon ao the valuo of tne land rises enough the land is converted to a nlghor density use. You now have our opinions; please represent us accordingly. ^incQroly p * c Kevin k Mona Hawitinson 1125 Nortn Willow Drive Long Luxe, MN 5535^ ism Consulting Planners One Grovcland Terrace Minneapolis Minnesota 55403 (612)377-3536 DahlQrM, Shardlow, and Uban/Incorporated I r— - - - - -- - - - -' MEMORANDUM DATE: TO: FROM: RE: 23 August 1985 Orono Planning Commission and City Council John W. Shardlow, Consulting Planner «J626l9fi5 i|______ -1^ I CITY QF ORONO 1 Introduction to Highway 12 Corridor Study Process. Review of Participants and Roles, and Draft Schedule BACKGROUND This memorandum signals the official beginning of the Highway r^nnn^?M Conclusion of each stage and the roles and alsS ^ltieied!®'' participants in each stage, is ^h^nT^rt process itself, some general background in our region calls for the Comprehensive Plan to acts on^'.^norM first step in the process. Then, the city of specific recommendations for rezoning. State law is In in identifying the role of the Planning Commission i’i^nning process, and consequently, the lanning Commission is the logical lead agency in this study. nnfonfili 1?® recognize that the study has the P ipsbion. It is important to note very early on that with comes responsibility. The study has been encourage timely input at key stages throughout the process. It is the responsibility of all of the fashion ^"^erest to participate in a timely and appropriate ORONO COMMISSION AND COUNCIL, 22 August 1985 Page ? finally, we recognize that the City Council is the duly elected governing body of the City and It is ultimately responsible for taking final action on all City policy Issues. It is essential, therefore, that the City Council also be effectively involved throughout the study process. PROCESS OUTLINE This Study has been organized as a collaborative planning effort on the part of ourselves and the City Staff. In each of the stages below this memorandum briefly outlines what will occur in the stage and who will be principally responsible for the work which it includes. PHASE ONE; Inventory and Analysis This Is the portion of the Study in which all of the necessary base Information is assembled. This will include section maps, aerial photography, soils information, existing topographic information, vegetation, land use, and zoning, as well as the location of existing utilities and related easements. From the above mentioned base information study base maps will be prepared for review and discussion with the Planning Commission, City Council, and any other interested parties. When this Information has been assembled into base maps, the findings of the inventory and analysis will be summarized in a report which will give particular attention to explaining problems and opportunities which the analysis has identified. This stage of the process will culminate with a presentation of all of the findings at a Planning Commission Workshop meeting and, subsequently, the Planning Commission will have a joint meeting with the City Council to review and discuss the basic findings. Lead Role The completion of the tasks outlined above will be principal responsibility of the Planning Consultant. City Staff will participate and p.ovlde support assistance in this phase. the The and ’ JVV—' il h . b. ORONO COMMISSION AND COUNCIL, 22 August 1985 Page 3 PHASE TWO: Goals and Ob.jectives Based upon the information and research which is included in the first phase of the process, the City Staff will prepare a preliminary set of goals and objectives. These preliminary goals and objectives will be distributed to the Planning Commission Members in advance of their scheduled workshop meeting. The preliminary goals and objectives will then be reviewed at the workshop meeting with the Planning Commission and, following that meeting, the City Staff will revise the preliminary goals and objectives to incorporate the input from the Planning Commission. Following the initial workshop on goals and objectives with the Planning Commission, a joint meeting will be held with the Planning Commission and City Council. The Planning Consultant will attend the joint workshop meeting and will serve as a resource to the City Staff during this period. Following the joint workshop meeting, the City Staff will prepare a final set of goals and objectives, incorporating all of the Planning Commission and City Council input, which will serve to guide the remainder of the planning study. The City Staff will be principally responsible for the .;ork in Phase Two. The Planning Consultant will attend all cf the scheduled meetings and will serve as a resource to the City Staff and elected and appointed officials throughout this stage. PHASE THREE: Review and Analysis of Alternative Plans When the goals and objectives have been developed, the Planning Consultant will prepare a series of alternative land use plans for the study area. When these alternative plans have been developed they will be transmitted to the Planning Commission, along with a memorandum which summarizes the key characteristics, problems, and opportunities associated with each. The Consultant will then attend the next scheduled workshop meeting and present and discuss the alternative plan and the memorandum. Following the initial Planning Commission meeting, the Consultant will refine the alternative plans, prepare additional alternatives if needed, and update the summary memorandum. This material will then be transmitted to both Planning Commission and City Council and will be subsequently reviewed at a joint workshop meeting. The joint meeting between the Planning Commission and City Council to review alternative plans is perhaps the key meeting in the entire study process. This wi!.! be the point in the process at which the goals and objectives "3i i-/ -oi***■ .'(TTVJ , V^O«J= ORONO COMMISSION AND COUNCIL, 22 August 1985 Page 4 which have been agreed upon will be tested through the development of site specific alternative land use scenarios. Following the joint workshop meeting, the City Staff will complete a written summary of the review and analysis of alternative plans for inclusion in the study report. Lead Role The Planning Consultant will be responsible for preparing the alternative development plans which have been identified in this section. The Consultant will also be responsible for presenting these plans to the Planning Commission and City Council. Following the joint meeting to review and discuss the alternative plans, the City staff will be responsible for documenting this process and completing the section of the Study Report which summarizes this phase. PHASE FOUR; Refinement of Selected Alternative. Development of Final Plan The conclusion of Phase Three as stated above, will be the selection of a preferred alternative plan. Depending upon the level of agreement which the City has reached regarding the selected alternative, the refined alternative will either be presented to the Planning Commission at a workshop meeting or the process may skip directly to a joint workshop meeting with the City Council. Once the selected alternative has been refined, the final plan will be prepared along with a written summary of the process which transpired to arrive at it. When this final plan is ready, the Consultant will prepare a summary presentation of the entire process, to be given at a public hearing at the Planning Commission level. When the Planning Commission has arrived at a recommendation regarding the preferred alternative, the Consultant will attend the next City Council meeting to present the final plan. Lead Role The Consultant and the City Staff will share the responsibility for the completion of this phase of the Study. The Consultant will complete the graphic portion of the product and the City Staff will prepare the written portion of the Study with the advice and the counsel of the Consultant. i rrI ! ' * h- ORONO COMMISSION AND COUNCIL, 22 August 1985 Page 5 PHASE FIVE; Itnplementah < nn When the City Council has accepted the final oian anri haa orndiifh?S tS ® to,l«Plement this plan. The speoifirnature n? n«tSre"''or the ‘="hoaen“"p\an.' ^T^ToiZ' meetings). The Planning Consultant „Ul «?eid tS«e ?hrp1f„n^"‘‘ P““‘P omelals in this pro«M? the Cltv P’sHal'le to assist ihtch'^^Vy ‘h"e a^%^‘t"ld “h‘y‘‘’thl"p^a1.^“'’ Lead Role The City Staff will assume the lead role in this ohaap «r e process with support from the Planning Consultant. PROPOSED SCHEDUr.R September 26. . . . . . . o... ^. . . . . . . . . . .;*:**•. . . .^ity Council Meeting. . . . . . . . . . . . . . . . .Introduction to the Study Process October ^. . . . . . . . . .Planning Commission Workshop Meeting, . . . . . .... . . . . . . . . . . . . . . . . . . .Inventory and Analysis ^. . . . .Joint Meeting with Planning Commission and . . . . . . . . . . . . . . . . .. Council, Inventory and Analysis mber 2,.... . . . . . . . . . . .Planning Commission Workshop, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Goals and Policies January 5. . . . . . .y,r'X- -Planning Commission and . . . . . . . . .City Council Meeting, Coals and Objectives Februu*ry 18. . . . . .o*’!’.. . . .Planning Commission Workshop, . . . . . . . . . . . . . .Review and Analysis of Alternative Plans. March 3. . . . ....Joint Workshop Meet*''g to Review and Discuss . . . . . . . . . .Alternative Plans, Select Preferred Alternative March 31. . . . . . . . . . . .Review and Discussion of Fina? Plan L_^_ _ _ __ 1^i - — CITYof ORONO Post Olfio: Uox 66*CryaUil Hay, Minni-iutta .V>.'iZ')*Muninpal Ofru-«« i > -. *On the North Shore of Lake Minnetonka All Affected Landowners Highway 12 Corridor Study City of Orono Re: Introduction, Discussion of Planning Process, Proposed Schedule of Public Meetings. Dear Property Owner; On September 26 the City Council will hold the initial meeting to begin the Highway 12 Corridor Planning Study. The purpose of this study is to review the existing land use patterns and zoning in light of the problems and opportunities associated with a number of alternative land use patterns within the Study Area (see the attached Exhibit). Among the key issues to be discussed that relate to the alternative land use patterns will be attendant public improvements, which include but are not limited to streets, sewer and water utilities, storm sewers, etc. The City has liired a consultant, John Shardlow of Dahlgren, Shardlow n-d Uban, Inc. to assist the City Staff, the Planning Commission, and City Council in this process. The Study process has been designed to allow opportunities for public participation at every stage of the process. However, it is important for you to realize that decisions made in the beginning stages of the study will ha \^e a direct impact on the final results. On October 7, 1985 at 7:00 p.m., the Orono City Council will consider an ordinance limiting development within the defined study area during the comprehensive study period. A copy of the legal notice ordering the public hearing has been enclosed for your information. It is your responsibility to monitor this process and to participate in a timely manner. Please keep the following schedule for your reference through this process. This schedule may be modified through the Study period. In the event that the schedule is amended for any reason, you will receive a new schedule. All of the public meetings listed below will be held at the Orono High School cafeteria and commence at 7:30 P.M. Bl II niVCA /0\|\c; 47V7357 ASS! SSlNij ADMLMSTRAIION & USANCE - -173-7158 Pl BLlt UORKS - 473 73S'» iiUitidkaiiiMiik HIGHWAY 12 CORRIDOR STUDY Page 2 PROPOSED SCHEDULE September 26, Thursday October 9, Wednesday Introductory Meeting with City Council Planning Commission Workshop, Inventory & Analysis November 4, Monday -Joint Meeting With Planning Commission and Council, Inventory and Analysis December 2, Monday -Planning Commission Workshop, Goals & Objectives. January 6, Monday -Joint Meeting Planning Commission and City Council, Goals and Objectives. February 18, Tuesday -Planning Commission Workshop, Review and Discussion of Alternative Plans. March 3, Monday -Joint Meeting Planning Commission and City Council, Review and Discussion of Alternative Plans. March 31, Monday -Joint Meeting, Review and Discussion of Selected Plan. Following the completion of the process outlined above, the City would begin to make any changes which wore necessary in its Comprehensive Plan and Zoning Ordinance. You will receive notice of specific hearing dates as they are scheduled. If you have any questions, please contact Jeanne Mabusth, Zoning /dniir.istrator, at 612-473-7357. Sincerejy Mark E. B ardson, City /idministrator I I ou C3 >1 D CO <D C H O C3 a fTj T3 Oca* V rJ Q ;' 1275 South Drown Road on Monday, October?, 1985, at 7; 00 PM to consider an ordinance that would limit development within a defined study area adjacent to Highway 12 during the period of the City's Comprehensive Planning Study. The boundaries of that study area are described on an otficial map accompanied by the appropriate legal descriptions both available for review at the City Offices at 1335 South Brown Road. The approximate study area will include the following properties adjacent to Highway 12; a) Undeveloped properties on north side of Hwy. 12 bordered on the east by Brown Road North, on the north and west by County Road 6 or Sixth Avenue North. b) Properties on south side of Hwy. 12 bordered on the east by the City of Long Lake's Industrial Park, on the south by the Burlington Northern Railway and on the west at the intersection of Stubbs Bay Road and Hwy. 12. c) Properties to the immediate east of the intersection of Hwy. 12 and the Luce Li ne Trail consisting of approximately 20 acres of area. All persons wishing to be heard will appear at this time. Written comments are solicited. City of Orono By: City Council Jeanne A. Mabusth Zoning Administrator To be tublishod the weeks of September 17, 1985 and September 24, 1985 ■ 4 To: From: E>ate: Planning Commission Jeanne A. Mabusth, Zoning Administrator September 13, 1985 Subject: Proposed Ordinance Limiting Development Within Highway 12 Study Area Per SS 462.355, Subdivision (4) the City may adopt an interium ordinance that may regulate, restrict or prohibit any use, development or subdivision within the defined study area. Staff will recommend that the City adopt such an ordinance and that the ordinance restrict or prohibit the approval of land use applications and issuance of building permits as follows: 1. All rezoning and zoning: Amendment applications - new applications and applications in the process of review. 2. Subdivision - except those that have received preliminary approval from the City before the published effective date of the ordinance. 3. Conditional uses. 4. Variances. 5. Building permits for new construction or total replacement. Building permics for modifications or additions to existing structures will be permitted. The following list of projects will also be specified in the ordinance as exempt from the limitations cf this ordinance: 1. #963 Willow Properties, 700 Old Crystal Bay Road - Subdivision (this item will be listed in order to assure completion of plat just in case plat does not receive preliminary approval at October 7th meeting) 2. #962 Lawrence C. Wade, 670 Old Crystal Bay Road - Conditional use permit for Montessori School 3. The p: *)osed amendment, currently being considered by the City, involving t .t following sections of the zoning code: a)Definition b)10.03,Subdivision 9 (D) c)§10.03,Subdivision 15 d)§10.03,Subdivi.r_ on 18 o)§10.03,Subdivi f.\on 21 f )§10.03,Subdivision 27 g)§10.08,Subdivision 3 (A) h)10.20,Subdivision 3 i)§10.22,Add Subdivison 1 & 2 Proposed Ordinance Limiting Development Within Highway 12 Study Area September 13, 1985 Page 2 j)S 10.27,Subdivision 4 k)§10.28,Subdivision 4 1)S 10.03,Subdivision 7 m)§10.31,Subdivision 14 should'bri ‘n?lS!°“°" or events thet Staff Recoiomendation To recommend adoption of an interium ordinance for the ouroose of citiziiiy? ^ ° process and the health, safety and welfLe^of the i c l- IC 1- >n Jv rd m1 lap ^rd ion ing iiul Till- and \ich iho . the .icial 'icial and :slcd >hall cop> tar a! i m t> let ihs li' ovkIc final as the af.pc.il on/ed rcp'tt vtriu •nis a*^- in tl * ilic^ t* ‘ V ‘ I* 7755 "»>« mm;, firm VII oi»MfAr, russiNt;. /omn,; sMI pc.,.,dKalK „K- pu„ -con,„K-n;rur„d,SZSr'SS mii>. miltss uiI k-phsc puivi[laMH'*!!h'”i''.r* '"'*^"*1''’”''^ P*-iiimiip ;idcn.-\ inunK,p..i ch„„c. .dopi'.nd ‘'’i......... plan iis auimmcnd.ition u, the i-i.u-rnin.. "»unicip.il and ndopiod in scciiuns. c.idi ..f wh th relates i,,^ ^ ^ prepared a m.ijor t;a.i:r.ip!ucal scetion ..f the rnuiiieinilits '\V“ prop..sc amendments to die comorehensiTs ‘ i hodv mav l‘> llic plannine ae-.-nev. Hefore iduntniL- i . 'nbmittcd any section or amendment of the nl m^themd mumupil plan or public hearing thereon, m.ticc-id d . m ' ' *" shall be (uiblished once in the (dfici il newsinnC ii"pnrpi>se of tJic heariiij; days before the day of the he.irinp ' ||ie oiotvK'’/nl^ "'“'’“•T’'*'".' •" '’'a-l ten amendment shall be transmuted icMhc e UrZe^^^^^ Te the notice of hearins. Adoption and imen tm i PuWication of plan or of anv section thercH>l sh ill b- be r • V! "i’ '•‘”"P''^*’s”Mee mimicip.d •he members of the plan.iZ 'oimZsmn a ........rite of all amendment thereof adopte'd be the nl ' ‘nr Sovcm,„E b,.dj "S'"'.' '""II '•■■"dK-d ,ho l«r, i"nv>cnpit*rTra", ' "I''" "'I''™'"' pi..'idcd hv cl,.„. amend the comp-rehensiee pi m or norn ,n iK "•> nn-mbers ad..pt and municipal pl.m upon such m tuc i id I e •' 'ho Z>cmI Until so adopted be the ZeZm;;; reconmKridation (d the planninj: at-cmce. ' "'** ‘■""""“"o ‘'nl> the authorized a s'ud^uTbZ^nZueel or’h?s^ 7'"^’“'' purpose of considering adoption or an.end. cm ,d '' ^ntrols as defined m'se.ti.m s.l v" '! ‘ P'-*" -r official . plans or controls h iee not been adilnted 7 '‘•mtore for evh.ch . Sj>vcrnm^ bod\ uf the mumupiIiiN miv^ i *'nruxcd to .1 miinicipaliiN. the j:- P;>r. of... |..risdic^;:Z;,'r thc\;m,l -TP’-Wc hej,,, evelfare <d its citi/.-ns t he m fpr .css and ^'Inct or prohibit anv use dcvc'onmc'ni i! • '’'dinancc m .v reeulatc. • portion thereof for a to 7 " i "'-'''n "-o jurisdiction or je^d may be extended for such .uidition i^n'n *’^i"”’ the planmnt; aeence sh.dl st. K '"'""^'P‘‘' P’'"' '*r vceii.ms Hja*onablo and pi.icm .bi.. ....................P'’T'"'V to the eoeernine bode•aasoni'hl. ' '■hall sIu.K p„.p.. ««'■ sih", i;;;"";j ........................,.s„ m.,|, i.. ‘ ■ 'S'" ;........ ■"'■ ................... ..I ........................................ 1 dMtla I Mnruv««i'Qlla/nrap^t.*i Mila TO:Planning Con..nission Pron: Michael P. Gaffron, Assistant Zoning Administrator Date: September 13, 1985 Subj: #819 William Mills, 200 Lea#: Street Preliminary Subdivision - Second Review Zoning District - RR-IB Application 2-Lot Subdivision to create one new building site. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Preliminary Survey Exhibit E - Previous Memo's and Minutes, Spring 1984 This application was submitted in February 1984 . After review, it was noted that while the proposed lots met the area and width requirements, and septic testing had been completed and accepted, it was noted that the existing septic "jystein was failing and needed major upgrading. The applicant was advised to locate a new alternate site on the lot with the existing house since the tested site would be used immediately. Applicant now desires to proceed and proposes ? ^ a slight change in the division line and 2) another alternate septic site next to the driveway. As of this writing, the survey and revised septic information has not been submitted, but I have verbal verification from che surveyor that this information will bo in shortly. Working under the presumption that the new dividing line wi 11 keep 2.0 acres of dry land in each lot and the septic sites are acceptable, staff would recommend approval of the subdivision under tne following conditions: 1. Lat 1 grant a dri veway easement in favor of Lot 2 (where driveway crosses gerrymandered lot linos). 2. Subject to the standard drainage and utility easements along property boundaries. 3. Subject to granting of a conservation and flowage easement to the City over the pond area. 4. Subject to the applicant repairing the existing septic system. 5. Park Fee in the amount of $200 for the new lot. 6. Snared driveway access using existing driveway in order to minimize loss of screening. _ -V= J #819' CITY OF ORONO SUBDIVISION APPLICATION FORM ;?7I984 :te jrec'd yU CITY OF ORONO APPLICANT Name W//^ S. A1 iL6.*~ e rec'd a Mailing Address 200 _ _ _ _ _ _ _ _ Telephone 473 '2(pO^ ^AJe^S. PROPERTY OIVNERS tiame Telephone Mailing Address ________________________ (Attach list of more than or.e) PROPERTY LOCATION Street Address ZCQ CCAJ^ ':d>T Z I'lMf-'j C Ai:r4.-~ yt'W Legal Description Zr>r 7 Anj^iTVZiA/ (PiD) nd - ny ~ p '< - ;?z. - oo/ h_______________ EXISTING LAND USE Number of Tax Parcels Development Sise 4/^ Present Use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) L Present Zoning Dist. /"A^icy PROPOSAL lot line rearrangement only (no new building site:;) \/ subdivision for new building sites number of building sites: / proposed gross density minimum lot size; proposed use: (check) V existing units new units total units units per acres square feet dry buildable land residential other (specify) MINIMUM MATERIAL r’ECFSSARY FOR COMPLETE APPLICATION (Must be submj»-_ea 10 days prior to Planning Commission meeting) 1. Application completed 2. Prelinlncry Plat information on a certificate cf svevey 3. Certified Property Ovmer's list of owners within 350 ’ -• from Hennepin Co. Dept, of fi.iance A-603 Govern­ ment Center c. Stanppd, legal sized envelopes ((*10) pre-addressed to each of the names on the above list. 5. Application fee per current fee schedule: sketch i'lan only $100.00 u—^ 2 lot prelim, plat $250.00 3+ lot prelim, plat $240.00 (sketch plan included)+$20/lot Additional improvement review fees per fee schedule$ DATE AI _ _^ APPLICANTS SIGNATURE U ^ //av owner's SIGNATURE j yy///6 Applicarr hereby agrees to provide all informauion required or requested by the Zoninj Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to proces., this application and further agrees to pay ail addit.-onal foes established by ordinance. 0/u BevEjii JUN : Bi; ORONO — 38 ^XH- i;7 - ^'^w» -2 *2„ Ooi'i^ AzrHiMe- Scoc/^.eKiJ>AHL /75' Cr^S/^r-TT Lc>hiC L^k*-* A^a3 ^^3>S'(o h ^’)'i~in-z\ 2.T_ too I ' dH«:-(:'r?5^^M-ir-<: AKz2t?AJM /^S' Pc^<^ py-m-L'l 2-2- AzfJJ^cT' /or CyC'^ jr*r Pc^< r AVr.N ■2,2^ c><^20 3/^ts (2/‘»^'*^'oaj /to CyOf^ir; l^u^ct- L-^t^!(^ fi' /V* AJ r:.'ir6. zJ|y''n*2.-i <r>o2./ ClA^or-Of) M'iirt^ )‘)0 C/z'-/ I u.-. L--< - r‘l< I i ^y-/n-7'i zz^ feor*^ MJ^cj^^ixrr >co^r/^-» c. /5<0 Cyc./»y»T- Pi^Ctr L* rs 2j^ G'j'in-z~*» 2 2„ too©*/ ^c3 •lt^. L L. :'T2rC=, <i> V * Z» ■) - 13 2 2 r>OoS" ^ I >/ i t!t 'it <■— ^ r" /'^ * <^ 't<<-'*--' t'/c, ^/jo 4«*f, Aw T3^2rc> c>y-//*)-vz Ooc5 Co t-'' z z-; /9 c r/'w /G><.*r /*/<y -7 “ L . L , A' 6» z’i r!?/> f j I ^ rf-4 c* 6 04 aJ *L^TX» oc>/z^ 0>T> C.'iCAj^-r- pL4d' t^fjo L^k.» y335*6> ^'/n-zz> zz oon 2 S'^ Cy &/j<o-^ /2-1 (Mi 4**:*. A^/o run. 2^1 ^^2-/ t IT I -tiw* «• ’wt.tt»4 ^wz —%.■ Pf’sl Office Do* C6* Crystal U«y, Minnesota 55323* Municipal Office* Telephone 473 7357 William S. Mills 200 Leaf Street Long Lake, MN 55356 Variance Conditional Use Permit XXX Subdivision, Preliminary Date of Notice May 23. 1oa^ NOTICE OF PLANNING COMMISSION ACTION Date of Meeting 21, 1984 Votes: 6 For 0 Against Planning Commission recommends the following: Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting XXX Denial Tabled Tabled For reasons noted Pending receipt of additional information from applicant Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS Application tabled pending receipt of additional site evaluation information, including a further realignment of lot lines, if necessary, to locate an alternate drainfield site for future use, noting that the existing failing septic system must be replaced now. Submittals should include finalized system repair plans and specifications. Applicant's next scheduled meeting is confirmed as: Planning Commission Council f Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the June 18, 1984_ _ _ _ _ meeting is June 11. 198 4_ _ _; or Tnly iqR/I_ _ _ _ _ _ _ _ _ for the July 16, 1984_ _ _ _ _ _ meeting. In all cases, the application must bo continued with the submittal of requested information within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. If you desire certified copies of the official Planning Commission Minutes they are available from the Building and Zoning Secretary upon review and approval by the Planning Commission. L MINUTES OP THE PLANNING COMMISSION MEETING OP NAY 21, 1984.PAGE •835 JUDD ROGERS 4490 POREST LAKE LANDING LOT LINE REARRANGEMENT PUBLIC BEARING 7:55-8:05 P.M. <{813^1LLIAM MILLS 200 LEAP STREET SUBDIVISION Mr. and Mrs. Judd Rogers were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Judd Rogers noted that the well is in the front of the house and also that they are willing to remove the shed. Assistant Zoning Administrator Gaffron noted that at the time the application was submitted, that staff did not know that they would also need a variance. Gaffron stated that the applicants will have to pay the $100 variance fee. Hardcover was discussed and it was determined that because of the trade off in hardcover, no variance is necessary. Adams moved, Sime seconded, to approve the lot line rearrangement based on the following findings: 1. Difficulty in exiting existing garage to street. 2. Applicant is reducing hardcover on property. Approval based on the following conditions: 1. No increase in hardcover and applicant to tradeoff with existing hardcover 2. No side setback variance 3. Applicant to remove existing shed to reduce hardcover on property. Motion, Ayes (6), Nays (0). William Mills was present. Assistant Zoning Administrator Gaffron stated that 2taff needs additional information concerning the septic primary site. Callhan moved, Sime seconded, to table William hills subdivision application until the septic is resolved. Motion, Ayes (6), Nays (0). I ■ i H TO: PROM: DATE: SUBJECT: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator May 16, 1984 #819 William Mills, 200 Leaf Street - Subdivision List of Exhibits Exhibit A - Application Exhibit D - Current Survey This application was tabled at your March 19 meeting pending receipt of septic testing information. As a result of subsequent testing, applicant has submitted a revised survey, changing the boundary to accommodate an alternate drainfield site for the existing house. Upon my site inspection, I found that the drainfield serving the existing house is failing miserably and discharging to the surface, flowing directly to the pond. This system was last inspected in Fall 1982 and at that time the system was functioning adequately and was believed to be no closer than 30* to the pond. It is obvious now that a drainfield line extends to within 8' of the pond. This system must be totally replaced and must conform to code. This brings up an additional problem—although an alternate drainfield site for this house was tested as required, this site will need tc be used immediately, leaving no further alternate location for future use. At all the drainfield sites tested, soils have fairly good percolation rates but also have very high seasonal water tables, which make them marginal sites requiring innovative drainfield construction. The alternate site for the existing house is quite suitable for a mound system but would require extensive curtain drainage for a trench system to function adequately. Both sites for the new lot nave slopes ranging from 9-15 percent and with high water tables, which would also require extensive curtain drainage in order to allow standard trench systems. A modified shallow trench system at those sites would require major loamy sand and loam fill layers be added to create a suitable trench system, which fill m.ay have to be imported, and which is marginally acceptable on these slopes. Amound system on these slopes would require unusually great amounts of sand. Those will be costly systems regardless of which is finally used. In order to be consistent, we must ask that additional testing be completed, and if necessary lines rearranged again, to create an alternate drainfield site in addition to the one which will be used immediately. Other considerations for this project include: 1. Lot 1 granting a driveway easement in favor of Lot 2. J 2* With proposed boundary# all structures meet setbacks except the small shed. Docs Planning Commission want it relocated? 3. Park fee of $200. 4. Applicant must grant City a f lowage and conservation easement over the pond area. Offirv iUii (ill • Cf > st.il H.»>. .VVIJJ • Muni* Offn «•* AlM.Wl » • w. • V ' ▲ O ’J Vai'inncc William S. Mills 200 Loaf Street Long Lake, Mti. 55350 ______ Coni.1 itiona 1 Use Permit __Subdivision, Preliminary Date of Notice 3/27/84 I.'OTICH OF PLArJNlNC: COH,MI3SION ACTION Date of Meeting H191M. Votes:f'or_ _ _Again*; Planning Ccn-L-nisr.i'-'r*. recommends the follcwirg Approvar As submitted Approv,^,' • Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted XXX—Tabled: Fending receipt of additional information from applicant - - - Tabled: Pending review by others, or further Planning Commission study ^ No action required NCTi-S A:^D special CON'DITIGNS _/applicant must submit septic tost data and septic design information for newly created lot in addition to testing for an alterri^ septic site on your homestead lot’. I ha’ve a'tt'ached the "septic" setback referenced at the Planning Commission meeting for your review. In order to meet the required setback for a drainfield from the welf'and wetlands, you will Have to consider’ re a lIgnin^llTo~sKalrcd lorTincT^ Applicant's next scheduled meeting is confir’ned as: Planning Corrmission Counci 1 i X Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the_1984 meeting is April 4, 1984 May 9, 1984 for the May 21 ,_1984________meeting. In all cases, the application must be continued v/ith the submittal of requested information within ____ or the City will consider th' application as formally withdrav;n. 1: the applicant has trouble obtaining additional information, plr.as*^ contact tho Zonin<j Atltn j nistrcitor . If you desi r«- c:.Tt i f j.vl copies of t)>e official Pla:»niri.j Co-.-d n*. icn Minutes t;,<y ar- avaiiabl - *; ( - t'.* Uuilding and Zoning Sevretary ur.,*i icviev/ j:..: j v t • . j m'i Cf. • ior*. m T < j ' Co Co K Q» > 1 ic V) O 03 K Ko kO f.*’.IbL?'*/ •»'•!’'• % »• i-'**-/. .* • * '»>*••. *V, **^5 *• *5»‘*'^*v • ^#J'-■ ■ ■■• ^!. ?■,•.'■ :‘i' / :<,;: • • • 0 y r?r ONOaO JO AilO 1 A.\ n Vo I VO R'/Jyo ^ ^ O 7r 1 I MI mute:', ok the planning COMMir.r.ION meeting of march 19, 1984.PAGE tt816 Lake Minnetonka Homes Rovegno , Kelley seconded to table this application until complete septic testing is submitted to include testing for new sites and the location ot previous tested areas on other lots and confirmation that land alteration performed last summer in area of subject plat ahs not affected those sites. Revised total plan showing access roads and an attempt to reduce number of accesses onto surrounding collector streets. Vote: Ayes (5), Nays (1). Adams Nay. Adams stated ho felt we should give some direction to the applicant about the number of access roads. Chairperson Goetten stated that had been given by the City Council by the Resolution, <J81^^ILLIAM MILLS 200 LEAP STREET PRELIMINARY SUBDIVISION PUBLIC HEARING 9:00 - 9:07 P.M.William Mills was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Zoning Administrator Mabusth and Mr. Mills reviewed the application for the Planning Commission and adjacent property owners Mr. and Mrs. Ehalt. Zoning Administrator Mabusth suggested to Mills to consider a shared driveway with the newly created lot. Adams moved , Kelley seconded to table this application until septic testing and an alternate drainfield site has been selected. Vote: Ayes (6), Nays (0). 1821 SCOTT MCLAIN 225 TONKA AVENUE VACATION OP PART OP BROOK ST PUBLIC HEARING 9:15 - 9:20 P.M.Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mr. and Mrs. McLain, their attorney Richard Schieffer, neighboring property owner Mrs. Olsgard and Jeff Martineau were in attendance. Planning Commission was informed that no adjacent property owners would lose access to their property. Adams moved, Sime seconded to approve the vacation of the westerly 100 feet of the 20 feet wide unimproved platted right of way of Brook Street as platted in the Bayside Addition to Lake Minnetonka based on the following findings: 1. The City finds no public need or use as an access road in the westerly 100 feet of Brook Street. t'. r' \ I MINUTES OF THE IM.ANNINC; COMMISSION MEETING OF MARCH 19, 1984. PAGE 3 p816 l,akc Minnetonka Homes Rovoqno moved, Kelley seconded to t.ible this application until complete septic testing is submitted to include testing tor new sites and the location of previous tested areas on other lots and confirmation that land alteration performed last summer in area of subject plat ahs not affected those si tes. Revi sed total plan showing access roads and an attempt to reduce number of accesses onto surrounding collector streets. Vote; Ayes (5), Nays (1). Adams Nay. Adams stated he felt we should give some direction to the applicant about the number of access roads. Chairperson Goetten stated that had been given by the City Council by the Resolution. CjeiJ^ILLIAM HILLS 200 LEAP STREET PRELIMINARY SUBDIVISION PUBLIC HEARING 9:00 - 9:07 P.M.William Mills was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Zoning Administrator Mabusth and Mr. Mills reviewed the application for the Planning Commission and adjacent property owners Mr. and Mrs. Ehalt. Zoning Administrator Mabusth suggested to Mills to consider a shared driveway with the newly created lot. Adams moved , Kel ley seconded to table this appl i cat ion until septic testing and an alternate drainfield site has been selected. Vote; Ayes (6), Nays (0). 1821 SCOTT MCLAIN 225 TONKA AVENUE VACATION OF PART OP BROOK ST PUBLIC HEARING 9:15 - 9:20 P.M.Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mr. and Mrs. McLain, their attorney Richard Schieffer, neighboring property owner Mrs. Olsgard and Jeff Martineau were in attendance. Planning Commission was informed that no adjacent property owners would lose access to their property. Adams moved, Sime seconded to approve the vacation of the westerly 100 feet of the 20 feet wide unimproved platted right of way of Brook Street as platted in the Ba/side Addition to Lake Minnetonka based on the following findings; 1. The City finds no public need or use as an access road in the westerly 100 feet of Brook Street. TO;Planning Commission FROM;Jeanne A. Mabusth Zoning Administrator DATE;March 13, 1984 SUBJECT: #819 William Mills, 200 Loaf Street Preliminary Subdivision ZONING DISTRICT - RR-lB AREA - 5.19 total acres 1.19 acres wot 4.00 acres dry APPLICATION - Subdivision - plat - 2 lots - Public Hearing 8:30 P.M. The applicant proposes the division of Lot 7, Swan Lake Addition. Both lots appear to satisfy all lot standards for a subdivision of land within the RR-IB zoning district. All structures oxc 'c*-, for a small shed meet the required setback from the newly created lot lino (required setback is 10'). Each lot has adequate access on Leaf Street. Lot 2 is shy 10* of the requ'red 200'. Septic test information has not boon submitted for Lot 1 nor the alternate site tost information for Lot 2. Please review the enclosed staff sketch that designates the required setbacks from the pond (75' setback) and well (75' setback). An alternate septic site could not be located on lot 2 and moot the required setback from both well and pond. 1 have sketched an alternate plan that will afford newly proposed Lot 2 suitable area for an alternate septic site. Both lots can be served by the existing driveway. Lot 1 would grant an access easement in favor of Lot 2. Planning Commission should table all action on the subdivxsion application until the applicant has had time to evaluate the septic limitation for Lot 2 and decide if staff's proposal is acceptable. If applicant decides to go with staff sketch then on site septic testing should bo performed within the newly defined lot lines. JAM;il ^1 To: Prom: Date: Planning Commission Members Jeanne A. Mabusth, Zoning Administrator September 10, 1985 Subject.- Shirley G. McWilliams, 1120 Willow Drive South Subdivision of a Lot Line Rearrangement Zoning District - RR-lB 2 acres minimum in area 200 feet of lot width Application - Section 11.03, Definition 65 (C) and Section 11.03, Definition 66 (G) parcel, or tract of land under sinalJ^owifarea, parcels, tracts, lots, or long-term leaseho^®i‘^f cpation of the leasehold interest where the streets, roads, or alleys, for residentcreation of or other use or any combination ther:Sl‘*iiceprt"o'se“^.'ep‘.\^\^^^^^^^^ lots, or interests will be*2^ ^c^'es^or parcels, tracts, in width for residential Lei L larger in size and 500 feet commercial and industrial uses; ^“^er in size fir t>. Creating cemetery lots; pent of a lot lln. k.', orders, or th. a.s_each^a£_t;^J^o rLSit inV ^■"SiinKIs^.igAOCS meets the regu <« a w 1 1 “fc faflP t Zoning Chapter o: 66. "Subdivision, Classification". than two buildable lots where^^^rh^iein/^-^°” results in no more five acres (217,800 souari feLf i exceeds 300 feet of frontLe^on 1 nnsV^ has at least and opened by the Citv or L a ^ roadway which has been accepted vehicular use pursuant"^ to an easL7nV®h/r°^^''^'^persons and thl^ CitJ, and Sherl ir^Lvfhrr" P«*^sons or between extension of municipal utililties ?s^/nvolved;^°”^”^ application or r ■ Zoning File #906 September 11» 1985 Page 2 2. The subdivision is a division of property previously combined for tax purposes; or, 3. The subdivision consists only of the creation or alteration of a public or private easement for any purpose. b. "Class II Subdivision" -> A Class II Subdivision shall be a plat and may qualify for a limited review procedure established in this Chapter if it meets all of the following criteria: 1. The subdivision results in no more than two buildable lots, one or both of which are less than five acres (217,800 square feet) of land or one or both of which have less than 300 feet of frontage on a public roadway which has been accepted and opened by the City or on a private roadway open to travel or vehicular use pursuant to an easement between persons or between persons and the City; and. 2. The subdivision Joes involve the vacation or dedication of public roadways or extension of municipal utilities; and. 3. The subdivision does not involve any flexible zoning application; and, 4. The subdivision may include the creation of outlets and easements for access, open space, flowage, conservation, etc. in addition to the two buildable lots. c.Class III Subdivision" - A Class III Subdivision shall be a plat which includes, but is not limited to, a subdivision which meets one or more of the following criteria: more buildable lots; or, zoning application; or, 1.The subdivision results in three or 2.The subdivision involves a flexible 3.The subdivision involves the vacation or dedication of a public roadway; or, 4. The subdivision involves the extension of municipal utilities. I ^' h Zoning Fiio #906 September 11, 1985 Page 3 Review of Application The application was first reviewed by the Planning Commission at your April meeting. It was tabled pending resolution of the sewer issue as Planning Commission could not recommend approval of the lot line as pro­ posed because it placed severe limitations on Parcel A in consideration of required area for future septic expansion. The recommendation would have been to realign the lot line so that the majority of the front yard would have been retained by Parcel A, in addition the sewering of the Crystal Bay neighborhood was to be resolved in a matter of a few months. Planning Commission advised the applicant that if the property is sewered, the lot line rearrangement, as proposed by the applicant, would be acceptable. I have underlined the sections of the subdivision codes that are pertinent to the review of this application, as there appears to be a question as to whether this application is subject to the subdivision rules of the City. The subject properties do not meet the area or lot width standards of the RR-ln zoning district thus the request to rearrange the lot lines requires City approval - we do this consistantly. In review of the classification of subdivisions, it would also appear that the subdivision should also be a plat. The City in the original review allowed a metes and bounds division because are not dealing with torrens property and as in the past, if the descriptions can be kept "simple", we have allowed residents to benefit by keeping surveying costs at a minimum. Staff would normally ask that applicants grant utility easements and deed right-of-way for roadways as conditions of metes and bounds sub­ division approval. The permanent sewer easements remain unresolved and the engineer states that the new lot line must be approved before final descrl^.tions for easements can he drafted. The issue of variances will be addressed with the resoiition of the utility easements. In regard to the legal descriptions and recent survey that shows the property lines running to the center line of Willow Drive South (formerly County Road 87). Staff had asked that these rights-of-way be deeded to the City. The applicant would prefer granting road utility easements to the City for the 33 feet of roadway. This request can only be granted by the City Council as normal procedure with all motes and bounds subdivisions is to require that owners quit clrim deed right-of-way. On the matter of the shared well, the applicant advised the City that Parcel A has a well on the property that is currently not in use. Staff recommends that yoi approve the metes and bounds subdivision application of Shirley McWill.ams as proposed and a setback variance of 7 feet for garage on Parcel C ba5 ?d on the following findings: J Zoning File #906 September 11, 1985 Page 4 1. Principal structures meet required lot line. 30 feet setback from adjusted 2. The actual separation or setback from the rearranged lot line for the detached garage is 12 feet. The proposed utility easement of 15 feet will not allow construction within the easement area, therefore assuring a 15 foot separation. The applicant is hereby advised that the Council will address the issue of the right-of-way of Willow Drive South and whether the City will accept an easement in place of the customary deed. n .r 1 • • Vi •...................................... .................. V, . . . ............... V. . .V. ... w ^ ..Vi . . / \ *|0 r. .# A I i o .. I it i J > t rt'i. . a point in aaid cmtorlinr* vjhich Ix jiry riouLh 4 1 iU.'*'j*«.*en Woot from a point in the t lot 6 66 foot youth of th»; uortlnn:)t coriuT tlu-rotif; thence southeasterly nlon^ i 71 feet; thence at, rirht -iMr.ley n.)rth<o,yt« rly ?16.(.0 feet; thence northweatcrly p» centerline of aai-l lii^'hwi.y (-6.67 feet., itior.* oi* less, to an interiiection with a Ur with and 330.74 I'eet west I'r'om ttu; east liiio of aaid iot 6; thence Aost 54.11 leet westerly to p'oint of boj'.inninj;.. That part of Uoverninent lot 6, .lection 10, Tovmnhip 117» Han^o 23» described fis fc at a point in the centerline of Oorinty Hictmay No. B7 (now Uillow hrive) 13b of a point in said centerline which bears Oouth 41 degrees V.'est from a point in tr said lot 6, 66 feet south of the northeast corner thereof; thence at right angles 216.69 feet; thence southeasterly parallel with the centerline of said Highway 13 ‘ at right angles southwesterly 216.69 feet to said centerline; thence northwesterl; Pt.6S’ St or Pt.om {, ORO S4l*Mor Pt Ct* S or Ne Con. Gov. Lot Sec. 10* 117*23 CKifrii-MOAT:;: 1 hei’cby cor J ani a duly • i* • • t . . • ► •tify that this plat vn.a rr.;p;ired by ne or under my direct .supervisior re|.'jnL..fc 1 I f(>fe;-..siotia 1 !.ni'in*HT and l and .Purveyor unde*r the Laws of n To:Planning Commission Prom:Jeanne A. Maousth, Zoning Administrator Date: Subject: September 11, 1985 #928 Richard W. Pula, 2015 Webber Hills Road Conditional Use Permit - Second Review List of Exhibits Exhibit A - Gaffron Report Exhibit B - Site Plan Exhibit C - Planning Commission Minutes of 6/17/85 Exhibit D - Floor Plan At your June meeting, the Pula application was tabled pending receipt of requirec septic testing and system design information. I have enclosed Gaffron's report confirming for you that septic capacty is not a problem for the Pula property (Exhibit A & B). •t At that same June meeting. Planning Commission discussed the need to amend Section 10.20, Subdivision 3 (G) in order to address the special needs of guest apartments. If the code is to be amended in order to establish separate standards for guest apartments consider the following issues: 1. Area standards must be addressed whether properties are sewered or not sewered - If properties are required to meet 100% of the standards for a single lot, how would this help the applicant? His lot contains .9 acres in a 2 acre minimum zone. 2. Time limitations should be considered with each individual appli­ cation. Council has asked each applicant to provide proof that guest apartment is still used by relative(s) - In one application an appli­ cant was asked to annually confirm in writing the guest apartment is used by original occrpcrt. In another application, the owner stated he wished the apartment use for 4 years for his son and son's spouse. 3. A change in occupancy requires notice to the City. Should guest apartments he limited to use of relatives? 4. Whac limits or physical structures - access through main house, size of area of apartment, others considerations dealing with structural design? 5. Off-street parking for apartment Planning Commission must make a recommendation for the Pula application in consideration of the existing ordinance. If you vote to recomend approval you must also approve an area variance of 3.1 acres. (Even if the code is amended, the applicant would require an area variance of 1.1 acres.) Approval should he conditioned on the following: Zoning File #928 September 11, 1985 Page 2 1. Determine time frame within which applicant is to submit written confirmation that original occupant continues to use apartment and that it continues os a non-rental unit - other enforcement on part of City. 2. Address need for off-street parking. 3. Review the enclosed site plan - are there any special concerns or needs for structural modification? - access to apartment on cccond floor is internal or through main house. If denied review Sections 10.08> Subdivision 3 (A) and Section 10.09^ Subdivision 6 (A) for necessary findings. To:Joanne A. Mabusth, Zoning Administrator From: Date: Michael P. Gaffron, Assistant Zoning Administrator August 20, 1985 Subject: *928 Richard Pula, 2015 Webber Hills Road - Review of Septic Report The existing system is located in the front yard and contains approxi­ mately 480 s.f. of drainfield. This has been functioning adequately for the Pula's with no apparent problems. Based on the perc rates provided by the applicant's site evaluator, a 5 bedroom house at 150 gal Ions per bedroom per day design rate would need (5 BR X 150 GPD/BR x 2.2 SP/GPD) Everything about these sites is a tight squeeze because of the loca­ tion of the well dead-center on the lot. The areas that have been re­ graded, west and south of the house, are likely not suitable for drainfield because the soil structure has been disrupted. I would suggest that based on the information given and the currently functioning septic system, adequate sewage treatment can likely be accomplished on this property for the existing and proposed uses, and an alternate drainfield site can likely be developed if a few minor variances are granted at some future time when it is needed. The septic system does not appear to constitute a limitation to the guest apartment use on this property. If the guest apartment use is granted, I would suggest that the existing system be left as-is until such time that it becomes a problem (the owner may wish to add on now anyway) and at that time proceed to install the additional trenches. i This is an applicati''’' for a conditional use permit for a guest apart­ ment on an unsewered pro. rty. The City asked the applicant to provide information showing that che septic system could be expanded in order to provide capacity for the added use, and to show an alternate site. ® 1650 square feet of drainfield, or more than 3 times the size of the existing system. Obviously the Pulas are not over-using their existing small system. They have a potential of increasing their trench system to about 1330 square feet, or a 600 GPD capacity (8 persons at a standard design rate of 75 GPD per person). This added drainfield presumes a 50' rather than 75* setback from well to drainfield (state codes allow a 50' setback minimum). An alternate site has been proposed as a mound system located over the trench system. This has been done successfully in one other location in Orono, on Cygnet Place. A mound system for a 5-bedrooro usage would have to be designed rather narrow and long to fit the site and maintain the 50' well setback. It would be nearly impossible for this system to meet a 10' setback from the lot lines, but with certain design considerations it could be placed within the property boundaries. r 2'’ Cl > ^*» Vi t;•>W ki ’ X X “*^s - i ------ O '«■>« J ’ ^ c J ^ ^0 \A CVS ^ M vt. L-vw-r*-— MINUTES OF THE ORONO PIJVNNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 11 \4f HJ ' K ^5 2^ ^ i; ^SH5ZS-. ^ ^S0t^O4f. 1 »4 \ \ ^ % l ^ ^ te V ^ - ^ 0 Hi j^ ^ I »927 GREGORY (Cont.) 2. Hardships presented by applicant are not valid when dealing with new construction and site planning —good planning could have alleviated all need for variances. 3. There are other locations (one to northwest side of house) for the proposed pool outside of protected area. 4. Variances cannot be granted for the convenience of an applicant but must be based on circumstances unique to the property. Motion was delayed when Planning Commission asked applicant if they would like the matter tabled to find other locations for the pool and greenhouse. Stanley Gregory stated that she would rather have the application tabled in order to provide the Planning Commission members adequate time to inspect the site in order to understand their request. Sime's previous motion was withdrawn. McDonald moved, Sime seconded, to table action on the Gregory variance application in order tc give the applicant time to bring back new proposal and Planning Commission members additional time to inspect site. Motion, Ayes (7), Nays (0). r%9^ RICHARD PUIA ^TOls WEBBER BILLS ROAD CONDITIONAL USB PERMIT PUBLIC BEARING 9:46 - 9:59 PM Chairman Cullahan called for the public hearing at 9:46 p.m. concerning Pula's conditional use permit application. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Richard Pula was present. There was no one present from the audience for this public hearing. Zoning Administrator Mabusth stated that the applicant seeks a conditional use permit for a non-rental apartment to be constructed within the second story of a recent garage addition to their home. Mabusth stated that the applicant advises that the apartment will be used for care of their mother. Mabusth stated that there is some questions among staff as to the exact location of the septic system and that staff would ask for septic system expansion if the conditional use permit is approved. Chairman Callahan noted that the septic information is vital in this application and that the application should be tabled until the applicant can submit information regarding the septic system. Callahan did note that this would a sharp variance from the code. HELD JUNE 17, 1985. PAGE 11 pplicant are not valid when tion and site planning —good lated all need for variances. > (one to northwest side of ol outside of protected area. ed for the convenience of an •d on circumstances unique to ng Commission asked applicant abled to find other locations she would rather have the : to provide the Planning ne to inspect the site in order ithdrawn. to table action on the Gregory to give the applicant time to Planning Commission members ite. Motion, Ayes (7), Nays le public hearing at 9:46 p.m. al use permit application, h noted the certificate of ublicaticn. Richard Pula was sent from the audience for this ktated that the applicant seeks a non-rental apartment to be nd story of a recent garage sth stated that the applicant ill be used for care of their there is some questions among 1 of the septic system and that c system expansion if the >proved. ;he septic information is vital tie application should be tabled nit information regarding the I note that this would a sharp MINUTES OF THE ORONO PIJv NNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 12 M H928 PULA (Cont.) Goetten noted that she personally could not approve the application regardless of the septic information received because the existing lot is less than one acre and is located in a two acre zoning district. Kelley stated that he might vote for approval after the additional septic information is received. Taylor concurred with Kelley stating that if the septic information received was positive that he would be able to vote approval for the application. McDonald noted that approval would set a precedent for future . applications and that she was undecided at the moment as to which way to vote. Sime also felt if the septic information received was positive he would be able to vote for the application. Rovegno stated that the City should consider some new standards for guest houses since guest apartments are becoming more prominent. Chairman Callahan stated that he would feel hesitant in approving a second dwelling on this lot since it is under an acre. Chairman Callahan closed the public hearing at 9:59 p.m. Chairman Callahan moved, Sime seconded, to table the Pula conditional use permit application pending receipt of the additional septic information requested by staff. Motion, Ayes (7), Nays (0). *929 LYLE RAHN 1146 WILDHURST TRAIL CONDITIONAL USE PERMIT PUBLIC BEARING 10:01-10:17 PM ^ . w • mChairman Callahan called for the public hearing at 10:01 concerning Lyle Rahn's conditional use permit application for an existing guest house. Assistant Zoning Adminis­ trator Gaffron noted the certificate of mailing and the affidavit of publication. Lyle Rahn was present. Harriet Morgart of 1103 Wildhurst Trail was present for this public hearing but had no comments. Assistant Zoning Administrator Gaffron stated that the applicant has been asked to file a conditional use permit for a guest house located in his lakeshore yard. Gaffron stated that the structure existed on the property since prior to 1974. Gaffron stated that the applicant submitted a variance application to build a new home on his lot in 1974 which was subsequently approved. Gaffron noted that as a condition of the variance approval, applicant was asked to ELD JUNE 17, 1985. PAGE 12 lly could not approve the eptic information received than one acre and is located 3te for approval after the is received. stating that if the septic .ve that he would be able to ion. Id set a precedent for future ndecided at the moment as to : information received was rote for the application. should consider some new ince guest apartments are he would feel hesitant in this lot since it is under an iublic hearing at 9:59 p.m. seconded, to table the Pula ;ion pending receipt of the equested by staff. Motion, the public hearing at 10:01 ional use permit application Assistant Zoning Adminis- tificate of mailing and the le Rahn was present. Harriet 1 was present for this public »r Gaffron stated that the a conditional use permit for ashore yard. Gaff ron stated the property since prior to the applicant submitted a a new home on his lot in 1974 rd. Gaffron noted that as a oval, applicant was asked to \ ZONING PILE NO.L9 5 2 CITY OP ORONO NOTICE OP COUNCIL ACTION P.O. Box 66 473-7357 Date of Notice 8/20/85 TO: Frank Kokesh COPIES TO: Lou Oberhauser 4100 Watertown Road 1421 East Wayzata Blvd. Maple Plain, MN 55359 Wayzata, MN 55391 TYPE OP APPLICATION: XXX Appeals ** ^ ** ** ** ^ ^ •• •• • ^ ^ Date of Meeting: 8/19/85 Vote: 6 For Against COUNCIL ACTION - MOTION: lo table action on your appeals application because of your absence. Planning Commission advises that your application will be rescheduled for their meeting of September 16th and that they Will act on your application. Please make arrangements to have an authorized representative attend the meeting if you are unable to attend. The City was not informed prior to the meeting that you were unable to attend the scheduled hearing. cc: Earl Dorn 4045 Watertown Road Maple Plain, MN 55359 If you desire copies of the official Coun- il minutes, they are available from the City Recorder of City Clerk after review and approval by the City Council. To: Prom: Planning Commission Jeanne A. Mabusth, Zoning Administrator Dace: August 15, 1985 Subject: #952 Frank Kokesh, 4100 Watertown Road - Appeals Application Zoning District List of Exhibits Exhibit A - Exhibit D - 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 Advertisment 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 owned, boarded, 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 Earns-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. w Zoning File #952 August 15, 1985 Page 2 of 4 SECTION 10.03, SUBDIVISION 18 ioTc u 1 f^Psen'ing. All farms in existence cn January 1, 1975 shall be permitted to continue operation subject to the following conditions: , . ^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, pe srte design and method of operation shall be reviewed and the Council shall find that the proposed "stock farm", if in existence, wilj. not in its opinion be detrimental to the public safety and the general welfare. . . 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 employed 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 present, 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, 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 the need for more than three off-street parking spaces for 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 use is less than 100 feet from any lot line. SECTION 10.27, SUBDIVISION 3 Conditional Uses B more acres. B. Farms (Stock). Provided that the area is ton or * ^ ■« J pw Ml Zoning File #952 A'lgust 15r 1985 Fago 3 of 4 SECTION 10.27, SUBDIVISION 4 A K. Animals. The keeping of domestic 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 agg^-egate, 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 OP 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 r*• crease of more than 25% in stock - per this section no need for a condit al 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. Zoning File #952 August 15, 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 (P) 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 Occuv.ation Section, Subdivision 4: a) evidence of the occupation is not visible from the street b) 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. n- i:;. CfTY OK ORi'NO GENERAL I.ANI) USE APPLICATION PROPERTY LfX'ATION ^ ^ ^ Site Adriressj 4100 v/*3tortown Road, Orono, Minnesota ^ Property Identification Number (P.I.D.) OOO^ Please check one - Is tlie property _____ abstract or ___ torrens? Please attach legal description to application if not Included on required survey. applicant Name:Frank Kokesh by his attorney Louis B. Oberhaust^r, Phone: 475-2401 Mailing Address: 1421 East Wayzata Boulevard, Wayzata, Minnesota 55391 OWNER Name:Frank Kokesh Phone: 473-1489 or 476-0457 Mailing Address: 4100 Watertown Road, Orono, Minnesota Pate Property Acquired: Approximately 19^J^> {month/year) I (do) (do not) also own the adjacent parcels cf land FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Hse $200.00 r^nd Alteration (grading, filling) PRD/PIO - see fee schedule OTHER APPLICATIONS $250.00 Vacation $250.00 Rezoning XXXX $100.00 ApfV'als Other - see fee schedule Pr*//)riinfi t'»istrict.: rrf*'»**nt Uso of Pic^p«»rty H#*ni '^orii i h 1 f»th^T (njv'cify) DKSCRIPTION OF RKQUKS7' DoRcribn request in FKV>niRK.b SUBMITTALS 1 . 2. Complc?teii Aj>plicntion Form* Certified Pro;>erty 0*^»ners List of owners within 350* (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, leqal sized envelojMJS (#10) pre-addrer.sed to each of the names on tfje abovc^ list with no return address* 4. Certificate of survey* S* Construction plans, if applicable* C* Plat Mtip. The Applicant and Property OwTier must siqn 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 inforration required or requested by the Zoning Administrator, agrees to pay all fees and/or unutual exjx>nscs incurred in review of Oiis application, and'Certified that the information supf^lied IS true and correct to^ thn^ besv of his/her knowledge* ^ Date OWNER’S SIONATURF T!ie owner hereby acknowledges and agrees to Uiis application and further authorizes reasonable entry onto tlie prop<»rty by City staff, consultants, agents, commission m^mh^rs, and Council numbers for purj^oses of investigation and verification of this request* Owner’s «;ignature Da te Applicant must have all submittals into the* City offices 25 days before the Planning Commission M^^eting. Plannino C'ommission Meetings are held on the third Monday of each month. I GRATHWOL. OBERHAUSER & RANDALL. LTD. O NEU.L J GRAT mAOU 1905“ty74 AirORNtVS ANO COUNSELORS AT LAW 1421 L WAY/ATA OOUl I.VARp GUITJ 210 WAY/ATA MINNtSO! A fjb391 (612) 475.2401 lAMES S GRATHWOL LOUIS 13 UUKR mAUSLR ROOCHT K RANDALL JAMES M VENTURA rATPlC*^ W PARMATER JACK NLV! AUX July 30, 1985 CITY OF ORONO P.O* Box 66 Crystal Bay, Minnesota 55323 Attention: Jean Matsubeth, Zoning Administrator #952 Re: Conditional Use Permit of Frank Kokesh Our File: 8014-1 Dear Ms. Matsubeth: There is a pending request for Mr. Kokesh to apnly for a conditional use permit with respect to the use of his property located at 4100 Watertown Road. I have reviewed tiio zoning ordinance and tlie current use of the property and I a^n unaware of any conditional use i^ermits that would be applicable and therefore, at the suggestion of the zoning administration, am appealing the request on Mr. Kokesh*3 behalf. Mr. Kokesh*s property is in RR-IA 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 the pro­ perty and in 1985 he has twenty-five horses. Applicable jjarts 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 domeitic 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 unit, or equivalency: one cow or steer, one horse, donkey, or burro, 3 sheep or 50 fowl." city of Orono July 30, 1985 Page Two Section 17 defines "commercial kennel" as: "any premises where three or more 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 where riding lessons may be provided." Section 10.03, Subd. 18, allows "farms" as a permitted use: "all farms in existence on January 1975 shall be permitted to continue operations subject to the following conditions: (a) Wo new stock farm shall be 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 that the proposed "stock farm" is in existence but not in this opinion be detrimental for public r^fety and general welfare. (b) and (c) are not applicable. Mr. Kokesh operates 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 net increased by more than twenty-five fjercont, no condition use application is required. The definition of "stable or public barn" is iiomewhat confusing since this use is not mentioned in the zoning code and as such I have considered the same to be descriptive of a commercial oj^ration included in the defi­ nition of "stock farm". For the code to be consistant I am operating tinder the assumption that "stock farm'* is a farm in wfiich animals are kept for commercial purposes which can include either animals owned by orruf^nts or animals that are boarded for others. It would appear that it would be more essential to be concerned abotit the number of animals tlian the name of the owner. T II ■ City of Orono July 30, 1985 Paqe Tlirce 52 I t ■ j 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 agricultural activity. This definition of ”aqriculture** provides the land owner with the right to make a profit. All of the buildings being used within tlie area are a permitted use within the R-1A 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 the 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, Sub|)aragraph (m). Section 10.20, Subdivision 3, Su: paragraph (m) makes reference to "Antenna Structures**. I assume the refert nee is to Subdivision 3, Subparagraph (k), "Animals", which roads as follows: "the keeping of a domestic animal for non-commercial purposes including horses for the use of the occupants of the premises, provided tha- 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 !)e available for each animal unit, except as hereinafter set forth. A minimum of two acres of open j>asture must bo 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, tlje 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. This would bo an extension and not a limitation on the permitted "stock farm*. w I’t^-ja.’MH SKI Zoning File #955 September 11, 1985 Page 2 FINDINGS 1. The guest house parcel contains 2.2 acres of dry buiidabic land, meeting the LR-IA 2-acre minimum lot area requirement. The remainder of the non-combined parcels contains 6.9 acres of dry buildable land and includes the main house. The iot width at the building site is somewhat less than the required 200'. 2. The guest hosue is proposed in a Jocation within the 2.2 acre parcel which meets all setback requirements within that parcel, and which will maintain in excess of the minimum setback required (60') from the adjacent structure. 3. Access to the guest house is via the existing driveway serving the main house. CONDITIONS 1. The guest house shall have a separate well and septic system. 2. Applicant is placed on notice that if P.I.D. #10-117-23 14 0002 (the 2.2 acre parcel with guest house) is ever sold off separately from the main property, the guest house shaJi at that time be considered the primary residence for that parcel, and construction of a second dwelling on that parcel will require a further conditional use permit review. 3. Applicant is placed on notice that Zoning Code § 10.03, Subdivision 6 (C) prohibits the sale or transfer of any parcel or combination of adjacent parcels which singly or in combination are non-conformina in area or width; or which sale or transfer makes the retained property or properties non- conforming; without Council approval. 4. Applicant is further placed on notice, that based on the survey sub­ mitted with the application, the existing main house at one point appears to be only 23' from the side iot line where a 30' side setback is required, hence sale of the guest house parcel would cause the main house parcel to be non-conforming, in vie ation of §10.03, Subdivision 6(C). A simple lot line rearrangement would remedy this potential future problem. Also, the survey indicates that the iot lines could be arranged so that while main­ taining a 30' setback to the existing house, the iot width of the guest house parcel could be increased to approximately 195', nearly meeting the required iot width but still requiring a slight variance. 5. Applicant is further placed on notice that if the guest house parcel was sold off separately, that an access easement would be required over the existing driveway on the main house property. 6. The applicant is advised to check on the relative property tax benefits of combining or not combining the 9 properties in held in common. : I / ^ V ✓. J S/oo.oo jj/o-oo CITY OP ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1780 3horc:lli;e Dr. \ Property Identification Number (P.I.D.) /O- /> 7 ? “a } H OOO torrens?Please check one - Is the property abstract or (for Conditional Use Applications only) Pxease attach legal description to application if not included on required survey. FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) $150.00 c) $250.00 d) $200.00 f) Institutional (church, school, etc.) Duplex Credit/Bldg Commercial/Industrial Use Land Alteration (grading, filling) PRD/PID “ see fee schedule Other Applications _ _ _ _ $250.00 Vacation '_ _ _ $250.00 Rczoning _______ $100.00 Appeals f _ _ _ _ Other - see fee schedule APPLICANT Dti/iG ^4^ ir«i.nt4onName O-33-3-0216 Phone h-W>5222 Mailing Address l7c0 Dliorollne Dr. OWNER sane aa aboveName Phone Mailing Address above Date Property Acquired j;ay,l73b (iron th/year) I (do) (do not) also own the adjacent parcels of land. ■m PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail:u REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners with in 350' (you can obtain this list from Hennepin County Department of Finance A-t)03 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 ^f his/her. )tnowled/gG. ■ .^4.Applicant's signature Date OWNERS SIGNATURE The owner hereby acJtnowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council merpbers for purposes of investigation and verification of t}fis request/ p L .Owner's signature ^ ^^LvVtv,->—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 nionth. I •5:SURVEY I C-.' 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'».* 5 ■:•> -,' > ■ . ■ r t P r|» • JiO i i . *,_i_l_ I .f' rt(• *7a ‘ ■ t : *.. .».. 1—4 : .4.J 1 *vc<^ • *‘<n* ^ 4m»^ 2 -•» 1 ^ 1 •t4a«tia 1 NOUJOaV N01f«M •»«“*? A*WO*»l y/ayy4t/g^ *^y*^49AU^/lg. SSfS*^/ *;/’ f)l:^* :cj T... -\ • v-^♦ i i/.'; ------.^/.. 7-_:' ;r Septerber 9th, 1985 nl SB> 10 BBS ;; i ^SOfORoM Ms. Jeanne A. Mabusth Zcaiing Aininistrator Citi' Of OrcMK) Box 66 Crystal Bay, ItLnnesota 55323 Dear Ms. ^bbusth: In reply to your notice about Public Hearings to be held by the Planning Carmision on September 16th, 1985 (^955), I vould like to inform you of tlie following; tv home is located just west of Mr. David Winton's pro­ perty; and I have absolutely no objection to the issorance by the Citi' of a permit to him for a guest house. Mr. Winton has been an excellent neighbor for 9 years and I am sure that his request if gremted will not in any way disturb anybody. Thank you for your notification. ri t / y] / rj/l i •.■''I ■7^-------------^fi c '>vaai AJt>jErC>.Ooo2 YttXX:> i| COV^ N) ! iKio" /o -)0- 1 J fc ' ' /1 c><^t& ;| 1 1 1 - ho t ^C>OOCm 1 1 i| ; I - A«Y /o - fiy^ z 0o/«^ ■i 1 1 1 1 - to •//*?• z I 3>00^7 1 11 * /<:>- /17 ~ ^'3 >ooo ^ /•< /O'ln - *2-2 ^11 o«o 1 1 i 1 i z.oAr /c>^ /n • 7 j ‘07 0 To:Planning Commission Members Prom: Date: Thomas J. Jacobs, Senior Building Inspector September 13, 1985 Subject: #958 Vouyager Service Center, Inc., 2420 Shadywood Road - Variance - Commeriai Site Plan Review Zoning District - P-1 Area = 37,868 .■-,.iaie Feet .87 Acres 28 X 50 existing building (1,400 s.f.) is used as a full service station. Proposed are three additions: a car wash 16 x 45'4“ (725.44 s.f.) to the rear of the lot; convenience store 43' x 60' (2,580 s.f.); canopy 60' x 60' (3,600 s.f.) ai.d relocation of petroleum tanks and pump island. Applicant is requesting the following variance: 1) Canopy - front setback required = 35' proposed = 10* variance = 25' or 71% List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit C D E F G Application Property Owners I.ist Plat Map Notice of Public Hearing Existing Site Plan Proposed Site Plan Zoning Boundaries Use — B-1 — Retail Sales Business District Vouyagor Service Center is proposing to add 3,305.44 s.f. to the existing building. This is a 236% expansion (canopy not included). Also proposed is a mix use occupancy - ca-/ash/service station/convenience store. These uses are allowed in the B-1 Zone but the mixed use will require a variance to Section 10.40, Subdivision 3. The B-3 Zone allows mixed use but with more restrictive standards. Setbacks Front Side Rear Require 35' 15' (commercial) 35* Proposed 10' (canopy) 21' 10* (canopy) The applicant is requesting a 25' variance to the above front and rear setbacks involving the canopy. This is a 71% variance, it has no effect on traffic visibility. Parking -Requirements Motor Service Station 3 Parking Stalls + 2 Stall x 4 Service Bays = 11 Parking Stalls Required Convenience Store 1 Stall Per Each 150 s.f. of Net Floor Area 2,580 s.f. - 10% (storage, etc.) f J50 s.f. = 15.48 stalls Total Stalls Required 25 Zoning File #958 September 13, 1985 Pago 2 Shown on the plan are 34 stalls - of which 12 are located within the dispensing station aisles which are not acceptable. This leaves them with 22 parking stalls for a convenience store or a service station. 3 short of the requirement. This review does not include the car wash which may stack up cars and effect parking on the northeast area of the lot. The City codes do not address parking for car washes. Access Access will be improved to the site. Two existing accesses closest to the intersection will be removed. Preliminary plans have been reviewed by Hennepin Count*' with positive results. Landscaping Plans Plans were not submitted to the City when this report was written. They should be submitted prior to Council review. Drainage Plans Plans were not submitted to the City when this report was written. They should be submitted for City Engineer's review prior to Council review. Building Plans No elevation plans have been submitted to the City for review at the time of this report. They should be submitted to the City for review prior to Council review. Signage Not submitted to City. Plans should be submitted to City for review prior to Council review. Building Code Plan Review Per Appendix E the structure will be required to have a sprinkler system. Fire Code Plan Review Fire lane must be posted on the entire north side of the convenience center (see Exhibit F). Access driveway should go completely around building for public saftey (police and fire). SAC & Sewer Units Carwash (seif servi re) 1 Stall Retail - 1 SAC per 3u00 s.f. Total 7 X $425.00 = $2,975.00 Total = 6 SAC = 1 SAC = 7 SAC Sower - 7 Units per Resolution #1854 335 + 33.5 X 7 = $2,579.50 Total Zoning File #958 September 13, 1985 Page 3 Staff Recommendation Staff recommends denying current proposal finding the car wash use compatabie with existing station use, but the convenience store is viewed as a new use on the property based on the following finding: 1) Staff needs clarification from City Attorney on Section 10.40, Subdivision 3, and granting of a variance to this Section. Would this be a use variance? or are these related issues? Staff does note the following limitation of the site plan. 1. Setback restrictions of corner lots. 2. Traffic flow in and out of car wash will restrict parking in the northeast area - no parking areas have been set up for the car wash. 3. With the intense traffic flow more area must be black topped, cutting down on green area. If approved staff, must receive the following for review prior to Council review: 1. 2. 3. 4 5. 6. Landscape Plan Drainage Plan Building Elevations Signage Plan Certificate of Survey Revised Site Plan per Planning Commission Recommendation *^1 1 m If-:: I. » * t ^ > 1n r.c i CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each ad After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address D.B.A. Navarre Auto Repair, 2420 Shndwood Road Property Identification Number (P.I.D.) P Please check one — Is the property abstract or torrens? Please attach legal description to application if not included on 'required survey. APPLICANT Name Jack Welch and Associates Phone 487-1401 Mailing Address 235 East Rose lawn. Suite 14, Maplewood. MN 55117 OWNER Erv Sml .h Name VouyaRer Service Center, Inc.Phone 471-9946 Mailing Address 2420 Sh.adywood Road Date Property Acquired October 1978 (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Commercial <7 ( SCCA''l.er./1-i I.’ >Present Use of Property j *^1 • :■ ■ Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ 248,986.00 Describe request in detail: Additions: Car wash, convenience store .canopy. Relocation of Petroleum t/mk and -ump Island______________________________________ VARIANCES REQUIRED 37,868 sq. ft. .R7A Lot Area Varies Lot Width Hardcover Setback Variances ( '5 Front 35 Side Roar) Other (OVER) ..A... !l I 1 I ! '4 ■ s i! UARD'SIIIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Set-back variance of 25 feet for rear property line has been granted previous 1 y. We are askinj; for total set back of 21 feet. ~ —- - - - - - - - - - DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: _^rroRular shape_ _ REQUIRED SUBMITTALS 1. 2. Completed Application Form. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3.Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. 5. Certificate of survey including hardcover calculations as required. Plat Map. Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not Doen included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested bv the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred ana™ «information suppUoa is true 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, conjnission members, and Council members for purposes of investigation and verification of this recuost. “ Owner's signature DAta I n f 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. > o iA Ki rA M a • ui QO -2 § UI tt CUJ H O o K» M I I N <0 O 0 ro CsJ 1 I K CO K1 cn (ft DC a: IB UJ UJgs X X UJ UJ o o o o M a CL UJ UI H H >- H Ul UI >- >- < < u. u. < < lA K» iA iAO -< O CK cs M. si ^ o o C l 0 a ^ o a k .2 rj Q • <N r u »-« iA z ^ M 1 O o rj lA lD iA »-4 eo f j < Kl O “> o UI I Ck Ouz •H O o u a X < o •> u C4c* Kl UA iA UIoca > iA Oo a 0 .8 €4 O 1 < N r ■M iA I O W 'A <0 rjrA o UI Ui a Q a a < < > > < < z z u. u o o O IA iA lA < Q CD J .J H- U- 22 H V- U1 iA Z •» 2E O UI<. a o (t a < o5u z > r j O o a 0 o ^ o c Csl Q 1 < X lA I o fJ o o iA <0 tJ IA O a r o U. -J 3 O -i < UJ 3 X H N a U Cl o ►- < to z oao UJ ua u a UI P a aaoC o oo rooa UJ iA i- iA iA i.-1 iA X u a 55 u iA O —Io a CM a o a 0 UI»-* z M -I »A Ui cj a I O X iA 1 o CM Ki K» K> CO IA IA O iAa h- iA UI A. H4>- ►- (A a UI UJ a a o O I- a lAa UI O 3 UI •J iA < < > Ui ~j a UJ I- a UI D Z (A a IM Q o >r iA I- O uA O' UI O h- Sh CJ tA O -ia X< u a r tA o ►- a cA O UI U C3 UJ a iu UJ X 3 UI ►- a X I- l~ o Ih- §5 . . “ ujS 1- UJ H* M „ I- < ►- < a< . U •-< H- U X < I- >- z lA a “ 5 if— UI UJ oa a a< a a <o a UI i- O 2 UJz *1 UJ lA UIaa Uia tA < o ►M h- < CA Z »- r. u o <t u a Z UJ X aH- o 5b >. 2 a z M UI H iA a UJ iu a u a UI M a a< •a a UI UJ OM V UI ►- CO o z u ^ Z UI M Oa a UI a uj 6 Z z a a X V I- r a a o o a K <a h CITY OP ORONO NOTICE The Planning Conunission will hold Public hearings in the Council Chambers at 1275 South Brown Road on Monday, September 16, 1965 on the matters of the following land use applications: 1. 2. 3. 4. 5. 6 • #955 David M. Winton, 1780 Shoreline Drive — Conditional use permit for a guest house #958 Vouyager Service Center, Inc., 2420 Shadywood Road - Setback variance and conunercial site plan review. #959 George E. Johnson, 365 Old Crystal Bay Road North - Area variance for accessory structure. #960 Lakeview Golf of Minnetonka, Inc., 409 North Arm Drive - Area variance for accessory structure. #961 Lakeview Golf of Minnetonka, Inc., 409 North Arm Drive - After-the-fact conditional use permit required for land alterations involving the installation of drainage ditches and a retention pond. #962 Lawrence C. Wade, 670 Old Crystal Bay Road - Conditiv.al use permit for nursery school. 7. #964 Stephen & Jan Watson, 880 Partenwood Road - Hardcover variance for proposed addition to principal structure. 8. #965 John S. Pillsbury, Jr., 1280 Bracketts Point Road - Conditional use permit to permit filling within 75 feet of the shoreline of Lake Minnetonka. 9. #969 Rolla Martin, 2675 Shadywood Road — Hardcover variance for proposed tennis court. Ail persons wishing to be heard will appear at this time. Wrix.- ten comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Joanij# A. Mabusth, Zoning Administrator To be published the week of September 3, 1985 tarings in the Council r, September 16, 1905 lications: ne Drive - house , 2420 Shadywood Road ite plan review. ystal Bay Road North :ture. Inc., 409 North Am f structure. Inc., 409 North Arm 1 use permit required the installation of pond. rstal Bay Road - school. rtenwood Road - lition to principal Bracketts Point Road it filling within 75 netonka. ood Road - Hardcover ‘ at this time. Writ- lilable for review in j Administrator m mm m a* m !, i i; s i! |i‘!’ •/ mt \u j 4 TO: FROM: DATE: SUBJECT: Planning Commision Membeirs Michael P. Gaffron, Assistant Zoning Aclmii‘-.rator September 9, 1985 #959 George E. Johnson, 365 North Old Crystal Bay Road • Variance ZONING DISTRICT - RR - IB, 2-acrc Single Family Rural Residential. APPLICATION - Request to construct a 1620 square foot pole barn for storage of vehicles and equipment, (maximum allowed accessory structure is 1000 s.f.) LIST OP EXHIBITS A - Application B C D E Plat Map Property Owners List Survey Construction Plans The applicant is requesting to construct a 30' x 54' pole barn for storage of vehicles and equipment. The property consists of 5.0 acres in a 2-acre zone. The proposed building will bo located 150' from the south lot line, 126.5 feet from the north lot line, approximately 225 feet from the east lot line, approximately 300 feet from the west lot line, and 114 feet from the existing house. The building is not intended to house animals, so it is not subject to the 150' setback requirements. It obviously meets the 10' side setback requirement. The Building Inspector notes that an accessory structure of this size must meet certain building code standards which will apply. Note that one of the reasons we restrict accessory structure to 1000 square feet is that they tend to attract other miscellaneous type uses in residential zones. Any recommendation for approval should suggest language restricting the use to private residential storage, and suggest the following conditions: 1. 2. 3. No plumbing may be installed in the building. This building may never be used as a second dwelling unit. This building may not be used as a stable or to house animals, because it is less than 150'from the north lot line. Use for anim;al housing would require a variance. CITY OF ORONO - VARIANCE APPLICATION ^/SV - fjJA^Ojrxp! • / Initial Application Fco $150.00 ($50.00 per each additional project) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 3OS //, A'/) Property Identification Number (P.I.D.) 33 3 S/ Please check one — Is the property y abstract or _ _ _ torrens? Please attach legal description to application'if not included on required survey. _ _ _ _ _ _ _ APPLICANT Nanie G/rc^/E £. _______ Phone V/.5~V______ Mailing Address 3^5 yS^</ /fp L^AJ/H /AA£ $535^ OWNER Name ^/9/ff/^Phone Mailing Address Date Property Acquired /9c/O y (month/year) I (do) (do not) also own the adjacent parceljfc: of land. - - - -^Ace^/Cjy: . _ Ji^jLLT. _ _ /. _ 3.1 ZUI.-.23. . Al . PRESENT USE OP PROPERTY Present Zoning Distric', Present Use of Property X Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ 3^ 6 ^ ^ /S' ^ ,aJ L /c Describe request in detail: />//r /3/}a'/i> : 3c>K6'/X /o /t> US/E^O /9^ SZ2V^/V/A/^~ r:,,/// jb //l/r^ yV/TA/^M/A .0 .S/y//5 ’/-y^/L'S us£ ^A» S/yO<//'n/A'>/^ Sc//c->OM/ j/sr/-/i<> ^ • «• •• mm mm wm mm mm ^ mm mm mm ^ ^ ^ mm m mm ^ mm mm VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width Front _ _ _ Hardcover Side Rear) (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; . 6 {■'/:i //fu n ' -f/C/U'a ' ////"/^'///= 4_ _ _ _ _' ' ' 1 _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS 4 Describe unusuul 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 Countv Department of Finance A-603 Government Center 348-3271) 3. 4. Henn^^ Coynt^ ^^rtment of Finance A' Stamped, legal sized enve lopes { #10 ) pre-addressed to each of the names on the above list with no return address. LU/fl-A,' Certificate of survey including hardcover calculations as required. 5. Plct Map. ^ _ _ _£ _ _ The Applicant ana Property Owner must' sign this application. Please remember that your variance application is not complete if the above information has not been inclined. ^ /J 4^211_ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ APPLICANT•S "ViGNATO 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 ^ _-_ _ _ _ _ _ Date ^ ''^C ~ / ^ 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 Czr:z Date ^ '■J?C -^5' Applicant ..lUst 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 month. f Lo NV>ONn •I*• • • 5 - i •H f ■* ^0 Sr, g a X r »• . V Vr V ■j •# \ *'*v 'V !> •V C'* (V (Y i' o ro ^ ^}■ M CL H g Uio< 0. a Ui (K E Ui ►- iO E gu.2 M U» in tH >- a Uiao a f; 6 gga V o ^ a 6u 2»-<a Ui Z V.o Ci N Cj o < Ci o c> 55a 57u •< U) i oa < <vi Ci oo ^ o < na K» >- Kt U ra I O«> ^ O Ij u c: o 5 < K» CO u> u\ 0^ UJ Ui I K» K» Irt ro UI 11 D O Ui O v> 5; V lla (j Ui X O < o r o o K» mJ O O o lUu »-4 3 ri I CD Bb gij *1 "1 oa •o V in < f' (L u^ ca •-• Ui Ui o.u I 10 CO K> Ui Ui I** 11 hb Ui ui U J) O •Jo Ui < c> in o •? -c p Ui O tj o o .- C) 2 K\ C> CM < X yO in rom m -c tyt n I >- CO •-? *4 — 3 *- Ui « m L- in cv Ui o iC '*■ K» o a •j P NJ Ui Ui ^ h •f < 3 -i m o c. ;: o c ^ » ~i a ?? & :■ tii a o i-i •( >- N. •c 1: I 03 10 01 =tt: O o fj I €0 0-* ^ 00 I u UI Kt K> ^ q; U •• oC5 oa -t Ci m Ci • D €0^ o I Ki in K» Cl o m o oa •a V- in «f Kl p in 2 in •f -jr :: < •. Ui ►- ui o >- i! —i »’ f- O Ui UI UJ 2 ik. UJ 1 O < •J ^ <T. O ^< p -i m :: -i — o K m «i g a o o V 2 <r- 11 m CM I Cl to oa >^S < in O u> in ui p V)<u 2 Cl I O »n K» tn n Ci .J lo r p o - K> Ci U V 5! o o 3 m (i B lUa t; Cl ^ < E ii an a ij Ui « •( l i C.. #, X •. < 2 H V (O o o o o o o Xu < tu <u-o au a Ui >- < •Ml c> O o < 1- cj m «T *'• K.& Ci I O « -j 04 O Uir < ►M U »-H a ♦- -J < •< u I* Ui *s o* inmmm ^ t u ^5n.. ou K •f 2 ►-«a ui I m m o C i »nm o Kl O a o Ui *- O Ui D E < «1 UM -i < Ui -ia ao u UI Z u» »n u P-4 t t 0^ u a Ui E o F ^►- I- •< >- 1- a 2 ►M Ui a p a ui a i.: u a Ui a M u. O a t'i o UJ l~ E a O o n o a o Ki CD in Kl in in M ft a CM a I a -< 4f *< u X ^cc SI __ __ Kl < -J Kl o a a ri K> M O X X Ui < ►- O ftn Cl 4 ar:! Ui •1 f. £ d ::• r < 2 I * i I/I 0« tJ W liu 4^ ^1-u'l rsz Ui% .^N n v_ V. /> V r », r\ Ul H < H CO 'r- U |y S> wlu a 2t 1^0 0 < ct zo & a < U o s ^ H U ^ <2 W eo% or d 4*: i CO Zo h- U Ul { lf li.i i I nflc C a 4«udai t* K c sj) I •» \ sD •• A 3u ij n i* IM ^ /} 1 * s m s3•4 ?1 *N 1 1 ^ *• % c /? \5 w %vn »o \v V u I 3=»»= •prt .r 4K * To: From: Dates Subject: Pianning Commission Members Michael P. Gnffron, Assistant Zoning Administrator September 12, 1985 #960 Lakeview Golf Course, 409 Morth Arm Drive - Variance Zoning District - LR-IB Application - Variance tc construct a storage building in excess of 1000 s.f. Iccav - • 47* from a lot line Note: Applicant is op.-rating this golf course under Per conditional Use Permit No. 6 granted by Council on September 9, 1968. Per Action 10.20, Subdivision 3 (C), golf courses are f®® ® conditional use in "R'' districts, and accessory structures are allowed but must be located 50' from any lot line. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Application Plat Map Property Owners List Survey/Sketch of Proposed Building Location 19^ Al^houalf, both the homestead property and the Golf Course property are under control and ownership of the applicant, the homestead property cJuld brso!S off separately, hence the 50' setback should be measured from the edoe of the homes^tead property. If the applicant cannot 3* to ir.ect the setback, Pianning Commission should consider recommending that a variance be granted. conditions ; rcaeonabie.) 2. Structure may never be used as a dwelling unit. 3. Structure ’may not be used for housing of animals. 4. Structure is to bo used only for golf course equipment and material storage. Any other activity not related to the operation of the golf course is not permitted. \ CITY OF ORONO GENERAL IJVND USE APPLICATION PROPERTY LOCATION Site Acklress Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. OWNER Name 4-^ i// “/hone ^ ________ Mailing Address / A/<> ^/^/< i/ a ^ t'i A'i-^ A^y>' Date Property Acquired I Hdo 6'a / (month/year) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS _ _ _ _ _ _ _ _ _ _ $100.00 a) Residential accessory Use _ _ _ _ $150.00 b) Institutional (church, schooletc.) _ _ _ _ $)50.00 c) Duplex Credit/Bldg ______ $250.00 d) Conunorcial/Industrial Use ______ $200.00 f) Land Alteration (grading, filling) _ _ PRD/PID - see foe schedule Other Applications _ _ _ _ $250.00 Vacation _ _ _ _ $250.00 Rozoning _ _ _ _ $100.00 Appeals Othet^—see-fee sche«~H>-te PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential .^r // ff" Other (specify) ^/ «DESCRIPTION OP REQUEST Describe request in detail: f/V-//A r...Co o /i fye / C /.A ^ c ^ </.w. <. ^ /<. ■ - // £c r ^ /?■Ti»* ^ ^ 4 . r ~ ^ ^ r ^ ^ - --J < /7' -. y^/- ' ✓ r:^-r >~z ______ C'7 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, lega 1 sized envelopes (# 10) pre-addressed to each of the names on the above list with no ?-‘turn 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 knov^ledge^ 7 . / Applicant's signature _ _ _ _ Date /P*- // OWNERS SIGNATURE The owner hereby acknowledger; and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council member;.^ for purposes of investigation and verification of Ahis rcquqstx7>^ Owner's signature Applicant must have all submittals into the City offices 25 days before the Planning Commi ssi on Meet i ng. Planning Commission Meetings are held on the third Monday of each month. os, a-a § Uio < CL lUe i: Ul ►- >- (A M 2 8 N VI M mi tn CL lU a >- o t-~ £S v8 8 z •Ha Ui UJ X I/S CO N. 9^ CO o UJ ►- <o o o X o 5 < Cj < u. 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O 8 ft < UJ ^ y >!i < o ►- CL O o < *x UJn< i I O CL o o o ^5cu < X CJ ►- UJ CL X X O -f U> O ^ 3 D X <C < CL us . age***" N p UJ UJ X *-• 5 VS vs P- oogg ~ 9 *Co o o •0 ^ KS O o o z -I -J e CL CL o < -< u u ^ CL c^of 3€►-» <vs ug <-es VSo< -J Kl o <X KS O CLo o>mJ vs o UJ US o oO ug ►- U4 US O -g V-UJ VS oUJ gc UJ X X^ n o c^of O KS ft of z o —of Z X eg <-J o <f-Z rA X r eg ^ O • a vs K g a ^ Z UJ ^ > I »-i o o ^ of ^ ••O f K> O O 6vs CL UJ > CB M O < r Sess ►1 -» X :|5 tu Qo 2 z -f 5 «* -O 01 O sf O CL O O•< I UJ CLX o< ct a Z UJ < >- \ CL < UJ UJ a X Z > -I:c -t z o »- o o o o K» eg KS eg I rx. 8 » US o _ Oi <t•s __ -o X K» -J ft US >• < US•• < 8* »-o o 8:|£vs o Z O z CO KS _ _ a•s -s of o aocs< ao 8 QC O S3 ►“ N < UJa X > ^< z ►- U^UJJ JAh^LJUML ►- 3CM ^ tto o < lAMo10•J c QE tt tn to a ui oCM < a i-i To:Planning Commission Members From:Michael P. Gaffron, Assistant Zoning Administrator Date:September 12, 1985 Subject:#961 Lakeview Golf Course, 409 North Arm Drive After-the-Fact Conditional Use Permit District - RR-lB Application -After-the-fact request to 1) clean and widen an existing drainage ditch area; 2) excavate a low area to create a 20' X 175' pond; 3) excavate a portion of a designated wetland to solve a drainage problem. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List USGS Topographical Section Defining Drainage Area Copies of Photos Taken General Map Locating Excavated Areas Applicant was not aware of the need for a conditional use permit when he performed the excavating work in June. In two of the three separate projects, the work done was mostly maintenance of existing drainageways. Site 1 - ditch near the intersection of North Shore Drive West and North Arm Drive West. This area has existed as a ditch for many years, and was deepened approximately 1-2 feet and widened approximately 2-3 feet. The spoils were placed on the northeasterly bank and have not yet been graded out. The slopes of the ditch bank appear fairly steep. From a drainage standpoint, there is relatively little change other than an in­ crease in the storage capacity. This area presumably did not function as a filtration area before and likely still does not after the excavation. This is not a designated wetland area. The watershed for this ditch is approximately 80 acres or about 1/8 of a square mile. Staff would recommend this ditch excavation be approved subject to review by the City Engineer for safety and drainage concerns. Site 2 - pond centrally located on the property. This 20' x 175' pond is 3-4 feet deep and was created to help alleviate a low, seasonally saturated area of mov;ed fairway. The fill from this pond was used for upgrading tee areas and no spoils remain on the site. This low spot drains, at most, about 10 acres in area. This is not a designated wetland. The banks are about a 2:1 slope. Like the ditch area, there appears to be no effect on the drainage pattern other than an increase in storage, and the pond will presumably provide an outlet for the tile system in this low area. This pond drains northeastward through a tile and channel system to the large pond near North Arm Drive. Zoning File #961 September 12, 1985 Page 2 Staff would again recommend approval subject to the City Engineer's review for safety and drainage concerns. Site 3 - south end of designated wetland near West Branch Road. The open water strip you will view here was created about 1960. A culvert exists under West Branch Road, so that drainage from the wetland flows to the south side of the road and on to Forest Lake. The applicant notes that the culvert and ditch on the south side has silted up over the years and that during heavy run-off periods, the flow backs up through the culvert. The excavation that took place at this site was a general maintenance and cleanout of the ditch area at the extreme south end of the pond. However, because this is a designated wetland and appears on the DNR's classified wetlands listing, both MCWD and DNR review and approval are needed for this work. Staff recommends that this item be tabled in order to give the applicant adequate time to consult with the MCWD and DNR. Summary Staff recommends approval of the excavation at Sites 1 & 2 subject to review by the City Engineer, and recommends tliat the issue of the excavation at Site 3 be tabled until further information is obtained. The applicant has noted that Planning Commission members are welcome to use a golf cart to visit the various sites (check with the clubhouse manager). : f ? I iI ff i CITY OF GENEItAI. LAND USE APPLICATION •a<a--hs’ PROPERTY LOCATION Site Address I M..J Property Identification Number (P.I.D.) Please check one - Is the property ____ (for Conditional Use Applications only) abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name C\ jV Mailing Address 7/^y. f/.,. D. OWNER Name Z-4C1c-1// ei// //' a/^MT/«t i/vc Phone ^ 7^" j/ ^ Mailing Address ^ ^ ^ Date Property Acquired ^ ^_ _ _ _ _ _ _ _ _ _ (month/ycar) I^^oj/ (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 Crodit/Bldg _ _ _ _ $250.00 d) Commercial/Industrial Use ,vo 4^0 $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning fj00.&r~ "Appt^ls Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property other (specify) / 61- Rcsidontia1 ' / description of request D^cribe request in Retail; /^>//' ff/^ TJ: Cl c*^./■irf J?r ;^cZ jL. .1^ V 7, A l 's T/^ t ^ ^ c<-/o ^^^ Jr j < 7~., T vC?yTl..i i- REQUIRED submittals 1. 2. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 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 foes and/or unusual expenses incurred in review of this application, and certifies that the inf ormati on supplied is true and correct to the best o^ his/her )tnow^p^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, agents, commission members, and Couacil/^mcm^ra for purposes of investigation Owner's signature f, Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. 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O t-** •1 t/*oo -'• • • • V ' ’ .» V c jj •- 6 . r f ^ 3 Zj V It cc < U O r: n '■* . ^ •J »-• r - C.1 r c ’ w f V I'. I ‘ rj *Cc. 1.o I» • •• i; * 1 O)o o &. $ iC c §M ozocr O g V 2 3ca a o O co O “ & fi i: Q. lAC _J OAt I CITY OF OFIONO inspection NOTICE permit no ---- c*un> 'N SCMIDULIO address _ compliieu OWNER —- telephone no . >. U4u. 5 Ci 5: □ FOOTING ti amino □ lUSOLATlON n WAl.1 BO U UNAL □ PHOGntS!> J or MOL □ flHi P«tv r plumbing wi mechanical W*iATt« Ml>O>^0P =3 meuhset tumnon n strtcn MOOI^UP ^ SEPTIC install t^tPTlCMAlNl ? WELL TEST PUA^«» LlCtNSlNG 1:1 t^SIl-lAa'icx.oeum.EH D ----------------- 1 j0Oi!icU^ * '^hOTOTAn EN call for the next inspection 24 hours /—'Coow/.r^'^--------t > LVMpC -PV ' rr '-'Vinr^tTT^rrjj* ' 1 ^ '.^SsR>S^ \-r I To;Pianninq Commission Members Prom:Jeanne A. Mabusth, Zoning Administrator Date:September 12, 1985 Subject: #962 Lawrence C. Wade (Countryside Montessori School) 670 Old Crystal Bay Road - Conditional Use Permit Zoning District - RR-IB Area - Propjsed 2 acre lot Pertinent Ordinances Subdivision 3(A) Schools Subdivision 10(J) Parlcing Subdivision 4(F) Par)cing Spaces Subdivision 5(A) Par)cing Residential Districts Subdivision 9(A-F) Design and Maintenance of Parking Areas Section 10.09, Subdivision 6(A) Granting of Conditional Use Permits Seccion 10.20, Sevtion 10.61, Sfction 10.61, Section 10.61, iection 10.61, List of Exhibits Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit A B C D E F G Application Property Owners List Plat Map Montessori System - Report by Applicant Staff Sketch Floor Plan Site Plan The applicants propose construction of a Montessori nursey school within proposed Lot 1 of the second subdivision for Willow Properties Inc. The applicants propose immediate construction upon approval of final sub­ division and conditional use permit. They hope to open the school in the Spring of 1986. Total enrollment is projected at 63 students. They will provide pre-schooler instruction based on Montessori system for approxi­ mately 48 students and provide day care for 20. Their hours of operation will be approximately 7 a.m. to 5 p.m. The Orono School complex is located to the west of the subject property, the proposed now site of the Hennepin County Library facility to the immediate south and to the north and east vacant undeveloped lands. The project is located within the defined study area and if Council agrees, staff will include this application as one of the specific projects to be exempt from restriction of "Limited Developcment Ordiance". r Zoning File #962 September 12, 1985 Page 2 Review of Site Plan Per Section 10.20, Subdivision 3 (A) schools are permitted as a conditional use. The school is proposed as a nursey school for pre“ schoolers providing instruction or classroom activities for students and day care facilities limited to 20 children. The school structure meets the required 50 feet setback from ail residential lot lines and street lot lines. The playground area does not abutt a street lot line thus fencing is not required. The playground area is 5200 s.f. - ordinance requires 50 s.f. of play area for each student (50 x 68 = 3400 s.f.). Per Section 10.61, Subdivision 10 (2) parking needs ore as follows: 4 stalls + 1 stall for each 500 s.f. in excess of 1000 s.f. 4 (1000 - 3552 = 2552 t 500 = 5.52 or 5 stalls) + 5 9 stalls required The parking stalls meet the 9' x 20' standard. Per the State Fire Code the access road must bo a minimum width of 20* with an outside turning radius of 40' and an inside turning radius of 30'. Review the enclosed staff sketch (Exhibit E). This requirement will necessitate realigning the parking area to provide additionil area for required fire lane designated from front entranc* up to the front of building. Handicapped parking stall must have signs ar;d hard surface to entrance of building. Ramp entrance must have maxin.um slope of 1:24 and interior maximum slope shall be 1:12. Per Appendix E of the State Building Code, the building must be sprinkled. The closest hydrant is 400 feet. One hydrant will be required to boost sprinkler system (sec Exhibit E). Sewer and water service - the applicant requests municipal sewer and water services to property. This request appears consistent with previous request by Hennepin County Library for municpal servies. The fees and unit charges are as follows; SAC Formula 14 Children =» 1 unit SAC Units = 5 (67 -t 14) paid to Metro Waste Commission with building permit Total Fee = $2,125.00 Total Sewer Unit Fee Total Water Unit Fee 5 X 825.00 = $4,125.00 5 X 1050.33 <= $5,251.65 1 Zoning File #962 September 12, 1985 Page 3 Staff Rec<Mnmendation To approve a conditional use permit for Lawrence C. Wade to permit the construction of a day nursey school at the property located at 670 Old Crystal Bay Road based on the following findings; 1. The proposed location of the use is in accordance with the objectives of the RR-IB Zoning District and the Comprehensive Plan for the City. 2. The proposed location and conditions under what the use will be operated will not be detrimental to the public health, safety and welfare or will not be materially injurious to properties or improvements in the vacinity. And further recommends to the Council that this application be exempt from the limitations of the Limited Development Ordinance finding the use compatible with existing development and that any proposed changes in zoning resulting from the City's planning study would find this use as compatible as with proposed existing schools, church and proposed library. Conditions of approval are as follows: 1. Realign parking lot to provide for fire lanes. 2. Locate hydrant on site to provide adequate pressure or boost for sprinkler system. 3. Payment of required SAC, sewer and water unit fees with building permit. \1 GENKRAI. LAND USE APPLICATION PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) S*3 ~~ U */~'h ~ f *2. “ 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 Name L AIUi'MiJP ______________Phone ^ Mailing Address 5^c>(.. OWNER Name (d-Phono ^ 1 sMailing Addres _ _ _ _ Date Property Acquired l‘fl^ (f. tOfU?-rT^l 'Mk) V ' (month/year) I (do) (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS _ _ $100.00 a) Residential accessory Use ]/ $150.00 b) Institutional (church, school, etc.) _ _ $160.00 c) Duplex Credit/Bldq $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 t Other - sec fee schedule t' PRESENT USE OF PROPERTY Present Zoning District — I Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: —>~V 47^ <X. ^rUjaol____________________________________________ REQUIRED SUBMITTALS 1. 2. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 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.'j^ his/her knowledge. Applicant's signature OWNEP.S SIGNATURE Date ' \ The owner liereby 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 ?%, Cate ■/ / Applicant must have all submittals into the City offices 25 days before the Planni ng Commi ssi on Meeting. Planning Commission Meetings are hold on the third Monday of each nionth. lli a ft a: a D «< ft ri U.I Olck r o n ui < •a V ‘n 1^1 o '4 rt tj a i: u.' < < ^ ‘s U' »a J Cl. UJ Ck r f*l '“•’ •< ^ UL li«<i tL i*j iL i: p y -< rc. O H* O A. <a U < :: u. a »- Till-: MONTK.SSOKr Al’l’HOACII ^ W r w a < Cl uj < &. Ui Ui oa a q:^ CL Q. Montcssori IMucation is based on the life work of Dr. Ma'ri.i Montossori (1870-1952), pVr/sician, scientist, educator, wlio after years of extensiv’e scientific observations, revealed certain common characteristics of younq children: their spontanodau eagerness for learning, tlieir ability to fix their attention on one activity for a length of time, their love of movement and their sensitivity to order. Countryside Montessori School provides a beautiful and carefully prepared environment designed to meet the child's needs for free­ dom with structure, exposure to materials and experiences to develop intelligence, as well as physical and psychological abilities. Here, children are respected as individuals wlio differ from each other. Through skilled observation, the directress is prepared to offer the kind of instruction that will stimulate the child's interest and activity. Socjal interaction is emphasizeu in the Montessori environment. The older children liave an opportunity to respond to the needs of the younger, and the younger ones are encouraged to seek the help of the older children. A child can work alone or with others. The balance between the freedom of the individual and tlie concerns for the group are very important. THi: MONTESSORI CURRICULUM I- t thePRACTICAL LIFE: These activities include many of the tasks child sees as part of the daily routine in his culture, such as pouring liquids, preparing fooods, fastening clothes, washing dishes, polishing furniture and shoes and generally taking care of the environment. Tlirough those tasks, the child refines his muscular coordination and becomes more independent. He learns to work at a task from the beginning to tlie end, and in doing so, he develops his powers of concentration. SKNSOP.IAL ACTIVITIES: Each piece? of sensorial mat<?rial isolates one defining quality such ns color, dimen.sion, weiqJit, textur*"', shape, smell or sound. Those nitr*ri;:ls )ielp the cliild distincpiish, to catagorize and to relate new information to what she already knows. The child refines her senses and has an increased awar*'- ness of the properties of the physical world. LANGl AGE MATERIAL: The Montes'^ori environment is full of language opportunities and materials. Tlie young child lias a spi'cial siMisitivity to language. He loves words and w.ints to know the names of everything, through the l.mguage materials, the child It'arns the sounds and symbols and begins to make Ills own words with a special "movable alphabet". I’KOACn [j lit I? work t;r Pr, scientist, educator, who aft(.*r vMtions, revealed certain Idren: their spontanocvtu ty to fix their attention on their love of inove’uent and des a beautiful and carefully et tlie child's needs for free- erials and experiences to ysical and psychological ividuals wlio differ from each > I MATIIKMATICS; Montessori believed that <>11 hu.ian beings possess an innate mathematical ability. In the classroom, the child learns and understands the basic concepts of math by manipulating the concrete materials that are designed to isolate a concent and to prepare her for later abstract reasoning. CULlUHAh SUBJECTS; Art, music, science, botony and qeoqrapliv are not only presented as separate subjects, but important spokes on tae wheel that is the whole, integrated learning experience. CHILD CARE PROGRAM The afternoon child care program provides a loving cnv'irLnmont that further enriches the child's developmental education. Here we have planned activities which include: stories, music, science projects, dramatic play to foster imagination, art pro iects to a variety of materials to help development of small-motor coordination and large motor skills. rectress is prepared to offer timulate the child's interest the Montessori onv'ironmcnt. ity to respond to the needs s are encouraged to seek the d can work alone or with others, the individual and the concerns RHICULUM ncludc many of the tasks the tine in his culture, such as fastening clothes, washing os and gonerally taking care tasks, the child refines his ore independent. He learns g to the end, and in doing so, tion. f sensorial material isolates; dimension, weight, texture, ials help the child distinguish, ormatinn to what she already s nnd liif; an incroa.sod awaro- cal world. onvironnon- is ixxll of lanquaqe i^un : cliild lias a .spocial wordia and wants t(3 know t>io anqviaqo material?, the f'hild oqins to make liis own wtirds r-XTRA-CURRICULAK PROGRAM The school also has an extra-curricular program to augment the classroom learning. A natura.list-in-residonco program will be awareness and appreciation of nature dr. Lairy hade, who is a naturalist with the Hennepin Countv 1 arks, will be coordinating the program. ABOUT THE DIRECTRESS Countryside Montessori School is the culmination of a life­ long dream of directress, Jeri Miller. Mrs. Miller has taught elementary and preschool for twenty years. Slie r»?ceived a Montessori diploma from Tlie Association of Montessori Inter­ nationale and has been teaching tlie past three years in the Twin Cities. "A classroom should bo an environment that encourages each child to discc’'(*r tlicir own uniqueness in learning style, >s well as their own personal interests". Jeri Mill(*r m I * 4%A^ * • #u •«J* ■■'! .r' >S 1; ^;y.-v r. ‘:-- -5 ■i^.:d ,‘jr 1t^ ,r / i To; Prom: Date: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator September 10, 1985 Subject #964 Stephen & Jan Watson, 880 Partenwood Road Variance Zoning District - LR-IB, 1 acre Application - Hardcover tradeoffs; Garage addition and new driveway with removal of portions of existing driveway. concurrent Existing 0-75' Hardcover = 0% Existing 75-250' Hardcover = 7137 s.f. = 39.1% Proposed 75-250' Hardover = 7087 s.f. = 38.8% (Additional Hardcover = 1585 s.f.) (Concurrent Removal = 1635 s.f.) (Net Reduction = 50 s.f. or 0.3%) For Calcuation Purposes, 1% = 182.4 s.f. List of Exhibits Exhibit Exhibit Exhibit Exhibit Exhibit Application & Addendum Plat Map Property Owners List Hardcover Calculations Survey Exhibit I’ - Site Plan A D C D E The applicants are proposing hardcover tradeoffs in order to construct a garage addition, ma)cing the existing garage into living space. The proposal meets City setbaclc requirements. The house was constructed in 1979 and is oddly shaped in order to fit the narrow, triangular lot. Note that over half the lot is in the 0-75' setback zone, leaving a relatively small proportion of allowable hardcover. The applicants are proposing to reduce the overall hardcover by 50 s.f., dropping from 39.1% to 38.8%. Note on the site plan the driveway and planter areas to be removed, and the driveway and additions to be added. The shape of the lot is obviously a hardship. The lot is 0.88 acres total, and is not typical of lots in the LR-lB district, as it is wide and shallow rather than deep and narrow. Staff would recommend the variance be granted as proposed. If you feel that the hardcover should be reduced further, perhaps the dog run, which comprises about 3% hardcover, could be re­ moved. This area currently consists of loose rock over plastic. II 1 « • ' V • ‘ . r • I ' * y * /(I CITY OF CRONO ~ VARIANCE TiPPLlCATION <.j , Initial Application Fee $150.00 ($50.00 per each additj^al vr^Mec After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 0 f£.t^ ]A1?>. So, Property Identification Number (P.I.D.) OS H'J X3*i3 OOP I__________ Y Please check one — Is the property _____ abstract or torrens?*^ Please attach legal description to application if not included on required survey. Lot 6, Block 1, together with an undivided 1/14 interest in Outlets B & C, Partenwood. APPLICANT prospective buyer Name 3tei-hen and Jan Watson Phono Address c(30 r^^rtonwuoo rid*^ Mi, OWNER y Name —c Phone 7-y - ^ /,? 7 / Mailu^g Address /?V7rS’ Date Property Acquired /7"^7 (month/ycar) ' I (do) 1^0 not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Urono Present Use of Property sin^ir. f. -niy_ _ _ _ Residential ____________ Other (specify) ____ DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail; i-ropose <o add neu ooa'.a-c ..aid isc existinj jarago _____for livini; s,■ .oc and tu enclose .ai t xisoan,,, ucci:. In ui'uur oO dcc.-easo rdtoJL VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other^xchan-;c oxlstiiy; blacS:L.o,; foi’ i,'.ilaim' .cid ■ t. i.in li t. lil C ‘O:tSQ in hwTdcover, (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; ctciQcnuum_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ description of*unusual property conditions Describe unusual property conditions preventing compliance with Zoning Code Requirements; _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ __ REQUIRED SUBMITTALS 1. 2. Completed Application Form. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348“3271) 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 complete if the above information has not been included. APPLICANT'S SIGNATURE Applicant's signature OWNERS 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 Ipf his/her knowledge. _ _ _ _ _ _ _ _ _ _ _ _Date (ACjr 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 SCO ouicr side Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings arc held on the third Monday of each month. iV.itoon (jcIO partenwood Rd# City of urono_- V..ri^ce A plication- A'.!dcnd:un H.a’ckjluj/ (Jiiisail opcriy conditiurm Dm to ujc u.u.,u, J coniit:araLion o! uie p.u'cel (a ..1 -e shoreline cjju n3n.J.loM l.Jce t,o street uiw-n.uon ; ol' Uic t^ro^.e-rty Tulls •..lehin the lu.eohoro seto^o,: zone. Although the cxLctinj site complies vrLwh all sotbaclc ro ui.aucni,s, a hc^cover Vciriance WaS allowed when the house Was construe ted in We have strived dilicontly to louintcdn compliance with Ol setouck ro lUirenents ioid oi'e willing at significant ex,.case to remove some of Uie ejdsLxn,. blacktop in order to iaa^ie the necessui7 addition to the house vdui uc adding hardcover. Uie net result will be a redac­ tion in hardcover on tnc ,roperty. o tA tn N M& s Uios I Ui q; r Ui £ in <0 'Tc<i ?: O o o oa •Tm K» <rj I N ^ Q. 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REGULATIONS FOR "LR-IA", "LR-lA-1", "LR-lB", ■LR-IC" AND •LR-lC-1" ONE FAMILY LARESHORE RESIDENTIAL DISTRICT. Within any "LR-lA", "LR-lA-1", "LR-lB", "LR-IC”, or "LR-lC-1” One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building.may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. jt .0 ' 9 Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures, within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet .of the shoreline there shall be no greater than 35% hard cover. •» t , u Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. HARDCOVER LIMITATIONS 0-75' Zone - 0% Hardcover allowed 75-250' Zone - 25% Hardcover allowed 250-500’ Zone - 30% Hardcover allowed 500-10v3’ Zone - 35% Hardcover allowed Percentage of hardcover for each zone is calculated as follows: Area of hardcover in zone (sq. ft.) ^ _ Percontaae t ; Area of lot in zone (sg. ft.) hardcover in zone NOTE: Measure setback distances perpendicular to the shoreline, not along the lot line. \ A", "LR-lA-1", "LR-IB", RE RESIDENTIAL DISTRICT. LR-1C\ or "LR-lC-1" One >e following cegolations gulations. The set back 1 be at least 75 feet and horeline than the average residence buildings on Regulations. Within 75 . .■* * cavating, filling, hard Within 75 to 250 feet of er than 25% hard cover, there shall be no greater 00 feet .of the shoreline >ver . ons. No trees within 75 of six (6) inches or more • 1 permit from the Council. - 0% Hardcover allowed - 25% Hardcover allowed - 30% Hardcover allowed - 35% Hardcover allowed age of hardcover for each calculated as follows: - X ICO = ire setback distances ir to the shoreline, le lot line. r. . «pipp' mSi-OM: ■A,'- " ■ ^ T ;^, V,>.- **r ^. .M- ''''':>TW •■'■■V'-fi- V X , t.. i . '■1 <;T ,'^«<.i,’- fe'N '■'■ ;ijk /;. > »S':. wjmi li' • ’> >, -.-x -■ i mt^ii m -**■. T, «T- To:Pianninq Conuni ssion Prom: Michael P. Gaff run, Assistant Zoning Administrator Date:September Hr 1985 Subject: #965 John S. Pillsbury, Jr., 1280 Bracketts Point Road - Conditional Use Permit Zoning District - LR-lA Application - Cut/fill within 75' of lakeshore, cut/fill in floodplain area List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Site Plan Exhibit E - Flood Plain Grading/Fill Plan Exhibit F - Minnehaha Creek Watershed District Approval of Fill S Grading Exhibit G - Footing Protection/Eievation Diagram The applicant is proposing to construct a home on this relatively low parcel on Brackett's Point. The setback, hardcover, and septic require­ ments have been adequately met, but because a fair portion of the interior area of the lot is below the 931.5' flood plain elevation, applicants are proposing to fill portions of the interior and cut portions near the lake- shore. The resulting elevations provide equivalent areas of cut and fill, so there is no net effect on the flood plain. In the 0-75' setback area, the cuts average about 6" overall. The slope is nearly fiat in the 0-75' area, and the soil is quite sandy, hence there is no substantial effect on the run-off patterns at the site. Note also that a small curved built-up terrace is proposed near the house. Portions of this fill are essential to the project in order to provide protection for the footings. No hardcover is proposed or allowed in this area. The terrace will have no appreciable effect on the run-off patterns of the site. The applicants have been granted approval by the Minnehaha Crrek Watershed District for this project. City Engineer, Glenn Cook, has re­ viewed the site and grading plan and has no problem with it. You will recall that this lot was granted a lot area variance per Resolution #1755 in May 1985. Staff recommends approval of the conditional use permit for filling and cutting in the flood plain and 0-75' lakeshore setback area, subject to the condition that suitable lakeshore protection measures are provided to eliminate any sedimentation into the lake. VI m CITY OP ORONO GENERAL IJVND USE APPLICATION PROPERTY LOCATION Site Address PoUff' / _ _ _ _ _ Property Identification Number (P.l.D.) If" IOO0(^ Picese chock one ~ Is the ^ oporty abstract or (for Conditional Use Applications only)torrens? Please attach legal description to application if not included on required survey. APPLICANT Name L-hA.Phone S7S 0^36. Mailing Address hJ(A^P) / j OWNER Name K^dh^) G , Pth/hhun^/Phone '^'7^ ' Mailing Address ~^/6 WoOcJlllH I^DcJ / OKONO /j^hl Date Property Acquired lly <<^g)5 (month/year) I (do) (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS 1 $100.00 $150.00 $150.00 $250.00 a) b) c) d) Residential accessory Use Institutional (church, school, etc.) Duplex' Credit/B)dg 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 schedule PRESENT USE OF PROPERTY I Prcr.ont Zoniiuj District - if\ Present Use of Property ~~ / A #965 Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: 'f~l 11 ly) ^ vywi j ’vo'^- (AHc' .-'HcxvS " \^AAj.>iA ' ~&Lkiy__•/'tu- fJu'Tlr _ _6£C._AriPv:r__iViiTO^__;^edr_—b^tocu REQUIRED SUBMITTALS t 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) 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 i*eview of this application# and certifies that the information supplied is true and correct to the best of his/her )tnowledge. '^ohn c t^cciuApplicant's signature OWNERS SIGNATURE 6Tt> # Date The owner hereby ac)tnowledgos and agrees to this application and further authorizes »‘easonable 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 •’ y —7 yt Date. 7" />«/f c. \( Applicant must have all submittals into the City offices 25 days before the P1 anni ng Commission Mcet.ng. Plar>ning Conunission Mcetings are held on tlie t)iird Monrl;»v fif o,irh month. • . \ ..5 Residential specify ) Mcj 'Pij! \Ntihm y>»xA-^e c4~ o ^(AJU hdr^H'} fe£7>»vi 'Mv^r IS -Jif^T 2-4)''* tst^louj n 350* (you can obtain this list 03 Government Center 348-3271) ;ssed to each of, the names on the ipplication. Please remember )ove information has not been ation required or requested by d/or unusual expenses incurred he information supplied is true Date Lhis application and further by City staff, consultants, for purposes of investigation Date /C v :y offices 25 days before the n Meetings are held on tl»e third I 0 r»< V V ^ i! j y / ^ ■ 7 j I V /?./ ;y i ■’ ^ miwi |<C^ ? \ V > yr / *. > » - \ \ Vs? \ \« I ’<a *( \ \ #by5 m (« • • f •*J - . Vi -V , .» .*)j < V ;;y 1 •» • • t [*• *t • *•' .• » ••!». - • #. V l\i'»' V v' V V I_______+ r t ^ ^ \J Jt J.E. ROMA IN 870 windjammi:h lane MOUND, MN 55364 CATHERINE T. ECKLUND 1200 BRACKETTS POINT RD WAVZATA, MN 55391 MRS. GEORGE S. PILLGBURY 1320 BRACKETTS POINT RD WAYZATA, MN 55391 CARL PLATOU 1480 GREENTREES ROAD WAYZATA, i4N 55391 MICHAEL LYNN III 1265 BRACKETTS POINT RD WAYZATA, MN 55391 R.H. EVANS 1491 SHORELINE DRIVE WAYZATA, MN 55391 JOHN S. PILLSBURY 1300 TCF BLDG. MINNEAPOLIS,MN 55402 ELMER S. CONOVER 1489 SHORELINE DRIVE WAYZATA, MN 55391 #965 *■"iJ. * / r V. I ^ •• »\ \ I. V u u 3 « tl I I I o »; • j :• >X i ii §a i.» 3 1 U $• i •. ; f.i ‘ ^ i ? '* ", .' y f if 'iI r I f t. .. C • O ? '0^ / t'':U H.' ^ ' N. ;•-. • • • / i . » /:( // \- . •'.'.A/ / \ \\ M i i / .!< i ti t; I; a i'• •• lit) CO Q 5tfe ■m J. H * 4 t. ■ V ». C „iei<6^ Ti^SC' I,- ^ *« §' O o: <j ao9> . I I' r 5 tC:f7.oc=^ 0C=3 10 COo ir?i- MIIUIMEHAHA CREEK WATERSHED DISTRtCT P.O. Box 387, Wayzata, Minnesota 55391 BOAXOOf MAMACIXS David H Cochran Prfs •Alt>ert I Lehman • John i Thomas Michael R Canotl •Camiiie 0 Andie • James B Mc^fhy • James H Snenstry list yiN'ItTOlIKi Permit Application No: 85-123 Date: August 27, 1985 Owner:John and Kitty Pillsbury 315 Woodhill Road Orono, MN 55391 Location: City of Orono, *'ec. IIC, Brackett's Point - Lake Minnetonka Purpose:Fill and compensating excavation within the 100-ycar floodplain of Lake Minnetonka Oear Mr» and Mrs. Pillsbury: At the August 22, 1985 meeting of the Board of Managers, the subject permit application was reviewed along with the following exhibits: 1. 2. 3. Permit Application 85-123. 5ite survey dated April 2, 1985 prepared by Vernon Nickols, R.L.S. Site plan showing location of fill and compensa*^ ^ry excavation and cut/fill calculations dated August 3, 1985 prepared by Herb Baldwin, L.A. The Board approved the permit application as submitted. This document is your permit from the Minnehaha Creek Watershed District. It is valid for one (1; year. If consiruction is not complete within one (1) year, an extension is required. Please contact the District at 473-4224 when this project is about to commence so an inspector may view the work in progress. EUGENL A. HICKOK WJD ASSOCIATES Engineers for the District' / y cc: Michael A. Panzer, P.E. Board G. Macomber J. Rode, Meyer, Scherer Rockcastle Archit. Date of Issue • j I .\J} L V: s&-sm ! h , CITY OF OtiONO I A i « s f y I 4r~ "135'-C>’' V^ I V/ r J i ^ie>o *^rr.. TL^rap r>J c{^- ''IZl'-'T'-^if* 4 — 'ommio riMrrr.. nu'v or 00^ otrrH ^ LOtf^esis--T?SIH^. J , ^ V 9l,_*.Vj>.* * ^ * V- * • * I A..* ^..A„*. .1 • |^^‘. » A,*- ,A—•-.' • ' 4 rvf^. pfiPiM, f ^rKiPnirfo. To:Mark E. Bornhardson, City Administrator Jeanne A. Mabusth, Zoning Administrator Prom: Date: Michael P. Gaffron, Assistant Zoning Administrator September 12, 1985 Subject: #969 Rolla Martin, 2675 Shadywood Road Mr. Martin has an application in for a hardcover variance to install a tennis court. The hardcover would go from 27% up to 45%. I met with him on the site today, and he has requested that the item be tabled until the November Planning Commission meeting. (He can not be at the October meeting.) He is pursuing additional information and data to make his application potentially more feasible. Planning Commission is advised to continue this public hearing to the November 18, 1985 Planning Commission meeting. 1 TO:Planning Commission PROM: Jeanne A. Mabusth* Zoning Administra jr DATE: September 12, 1985 SUBJ: Zoning Amendment - Second Review At your August meeting, Planning Commission had a brief moment to review the proposed zoning amendment. Discussion did cover a request by one member to amend Section 10.22 Subdivision lA as follows: 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 building permit from the City: - - - - - 2.fences not exceeding 72 inches but shall not exceed an average height of 42 inches above the height of the crown of the intersecting road. Purpose of first amendment use to specify type of permit required. The second use to account for variance in grades when constructing such fences. If members have any specific changes in mind, write them down - we should be able to move fast on this review. Please call before the meeting if you have any questions. 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 particular 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 suen public right-of-way shall be the lot line. Yard Requirement - Those requirements which relate exclusively to the size of yard areas when such arc required within specific zoning districts. S 10.03 Subidvision 9 D No detached garage or other accessory building shall be locrted nearer tho 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 tc the setback requirements of S 10.23, Subdivision 6B, S10.24, Subdivision 5B & S10.25, Subdivision 6B except that detached garages may be located 30 feet from or rear lot lino when doors face away from the street and athestreet turn-around is provided on site. S 10.03 Subdivision 15 Non—Encroachments. The following shall not bo considered to be en­ croachments on yard requiremencs as outlined in Subdivision 14; S 10.03 Subdivision 18 A. No now "stock farms" shall be created or existing stock farms enlarged more than than twenty five percent (25%) with animals over one year old regardless of additions of land unless animals were continuously 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. S 10.03, Subdivision 21 Exception. The requirements of Subdivision 19 are not intended to govern the normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway servi.jg such a building nor to any mevenent under 100 cubic yards which does not adversely impact tho applicable drainage or involve any shoreline or wetland a 1teration. 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 beer, submitted. Any unusual earth, filling or removal cr grading shall be teferroc by the Building Inspector to tho Planning Commission and the Council for action in accordance with this Chapter. r DEFINITIONS Pago 2 § 10.03 Subdivision 27 Tree RGmoval. 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 I'acement 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 e 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 sich variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardsliip or difficulty. S 10.20 Subdivision 3 F.r. Recreation Areas. Privat) gun clubs, archery ranges, ski slices, 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 tha*- is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set bac- from any lot line a distance at least equal to the total height of the .«nter-.a structure. M. Animals. The keeping of domestic animals for non-commercaa 1 purooses 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 a i lona horse. When the horses are kept stabled and do not require pasture for 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. S 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. Planning Commission Council