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Home My WebLink About07-18-1983 Planning Packet•»i' .1 PLANNING COMMISSION AGENDA COUNCIL CHAMBERS 7:30 PM MONDAY, JULY 18, 1983 Council Representative - Mayor Mary Butler Call To Order Public Hearings 1. 7:30 PM #752 Michael Noel, 3125 Casco Circle Preliminary Subdivision 2. 7:45 PM #754 Daryle L. Uphoff, 2497 Kelly Avenue Preliminary Subdivision 3. 8:00 PM #755 Robert Dumas, 405 Old Crystal Bay Road North Preliminary Subdivision 4. 8:15 PM #759 Leonard Mac Kinnon, 3400 Watertown Road Preliminary Subdivision Action Items 5. #695 Guenther Roth, 1428 Baldur Park Road Variance 6, #750 Maurice Wagener & Charles Dettloff Charles Street Vacation 7. #757 Kent J. Norman, 538 Russell Avenue Variance • % 8. #760 William Ulrich, 1535 Bohns Point Road Conditional Use Permit 9. #761 Douglas Smith, 3237 Casco Circle Variance 10. #762 Thomas Corson, 4195 Highwood Road Variance 11. #763 Milton Seifert, 1856 Shadywood Road Variance 12. Planning Commission to select delegate for Council meeting of August 8, 1983. Work Session 13. #764 Calvary Memorial Church, 2420 Dunwoody Avenue Variance fc Conditional Use Permit 14. Approval of Planning Commission Minutes of June 20, 1983 [ISSION AGENDA IBERS 7:30 PM ILY 18, 1983 y Butler ,25 Casco Circle .on 2497 Kelly Avenue .on 15 Old Crystal Bay Road North .on kon, 3400 Watertown Road .on lur Park Road ‘S Dettloff >ell Avenue ms Point Road :o Circle iwood Road idywood Road delegate for Council meeting of , 2420 Dunwoody Avenue Jse Permit 3n Minutes of June 20, 1983. A., S 13* .1 ■ ■ '.k' if ft . • i UP-. /i^3 A€E OF OIRONO Pt* M«l I......i-^ • 0^* - ✓ ' 11 '• • At -•«% ,'^7^0•. ff Bi^tr-•1, * —i %-j___r —“1 #•:l- & • • .... • •«* •• < / m v3 ! [•liT G \v/M-x j 5!__^VT4.. \ ~<®sj r//m • CMLC «K j .•«..s:. .— ~ « L :■ H » • • WliilAli t wiilt ••• • • ir#; , ,1/1 ■:!» !t- ]>f 4 /P, ;i i o i , =V4 Ji » tCM.C • par %f wiiifPV 1 WHLi -/ • "m -> >#ri3 TO; FROM; DATE: Planning Commission Jeanne A. Mabusth, Zoning Administrator July 11, 1983 SUBJECT: #752 Michael Noel, 3125 Casco Circle - Preliminary Subdivision Zoning District = LR-IC Area = 103,300 or 2.3 acres Application = Subdivision - Plat - 2 lots Planning Commission Action - Public Hearing - Recommendation for Preliminary Approval At the work session meeting of June 20, 1983, Planning Commission asked that staff review the hardcover on the newly created lot. 0-75' - 7,500 sf area 75'-250' - 17,500 sf area 25% = 4,375 sf allowed = 7,500 sf existing - 3,125 sf or 18% over within 75-250 250'-500' = 24,300 sf area 30% = 7,290 sf allowed = 4,165 sf allowance for new house and new drive Planning Commission should note the 20' sanitary sewer easement that intersects the lakeshore yards. The City will ask that a 20' utility easement be designated and dedicated on the plat. Five feet of the west side of the tennis court encroaches the easement. Future owner is responsible for all repair to court if the City damages any portion within defined easement if maintenance repair is required. STAFF RECOMMENDATION To recommend preliminary approval of the two lot residential plat of Michael Noel finding all standards of the LR-IC zoning ^isi^ict have been satisfied and that there is adequate sewer and water capacity within the existing municipal systems to serve the new residential unit. Approval is subject to the following conditions: 1 - 2 - 3 - 4 - Newly created lot is allowed 4,165 sf of additional hardcover - allowed 11,665 sf (existing 7,500 sf) 20' sewer easement to be designated as a utility easement on the plat and dedicated to the City. Future owner of newly created lot must make all repairs to tennis court located within defined utility easement if City must make repairs to existing lines. Payment of $400.00 park fee for newly created lot. 1 - 1.99 0 $400.00 for new lot. iminary kdation for f Commission iated lot. within 75-250 % f drive ’ easement ik that a le plat, hes the to court It if ential plat ing e sewer ms to serve following parrs ement o o oo po j?v «;^^^^';*^_ S°-^ CD o ^ '~' ®> « <a r- -V "O 5? -* ni ^ ® ° o> S tjJ C * -s -tS t< n ^ to^ vy '^’4' ^ o °,v7^^ --r -^-t, ^ ir 'w '5 -c ^ w P ^ -*♦ wc - -C 5 «"-< 0:7(5 O 5 B ■■' S’ -o3 " ''7- . t 4?^ b"? i- 0-*° "o i? o , s f i ? c. -c: ^ >*.)O TjiT ^ ^ ^ o ^ 3 ^ -y oX'5't:’^ o':sS o-‘- ' p ",f “ ^.?o'|’ tS" O A, ‘'?t> u 5? O ® C ,,. I ., ^ c '' rii® “ 5^' -rw ^ P ^ / ^ ’B S ^ S ^ “^l® ?r i> 1".:^ ® “‘U.-.^ f- • .9 « £» ^ _»?-?7 ffp f <e ®4f-V ;5^ o »" o ^ ;5 o /» I ^ ^ ^ ,9 ^ O ^"S4 ”'x '-'‘^‘= S^-3^ O S S Q> ^ • P CJ_c»^-O*5j?C0.„ a'^^7: ^ ,*r ^ V ^ ^ ej 5 o ^ r. .. ^■sS§^S^ g 5 ® o « «T ,' ■ ^ ^ A j? p r c v*^ ^ ^ , ^ t- P P C IT c ':f -^ ' © ;7 c p ^ c; « o ^ © ‘' e, © C 9 <:t ^ c ^ r? ®*'O ^ O c p" 9 ^ -P XT -c c ^ ? -O ON ^ V? c ^ ‘^ © t? -O ^ ;? ^5 O "" p © ^ ‘»t 3-^VgS ^b3 ‘‘•S 3 S- ?' p •* p ^p©:t?r7f?;?o^p p JJ? •« -* s *A3 •N .»? © *9 <M ^ ^ o ^ ^ - s-7 g“^ o o’ iii^,^sC -J c •i-J ojy ® c ^ f .9 © C o o C po»o S. $ ^ ® ^ ^ ^ ^ O r, "D ^. S ^ Q)f V ^ It) s •0^-0^N> O ® 4 ’ o’ O “^>0 o O O W ^'o '*' -^ Ji: ^ . ^c-tj*^X^ *C O o ^ »** ■*-) ^ !?\ ^ ■* o O ® m ^ C .*D^ r: o ,tr o c ^I s ^r ^ ? C V ^ ■« ^^?4>,-. 5^» 5 ^ '■i'# § * p £■-?'«•< o' c -o L « i j ® ^ fo ks^ S-o ^ c ^O V v\ ® 'O ®* m ♦^rv ® •'5 ^ CO VO ^ t3 ‘ ® r* o ® V- Jv I? T’ C Co ^ o ® ^ ^ ^ t-. ® ^ c rr c * CO ^ 01* © iP ® Bo •'^ 5’ *5 K *0 ^ t: iJ ::9 cCO ~ - -.............- ~ ^ ® r- ."^ o ■'^ ® fl7^ S ^ c: ^ C®>oa„ - ^ ^ © r-v <- ® CO -O -C ^ c? ^ ^ 3 -C, o o ^ C ^ ^ ^ ^Vr'^^C Oi^ C^ 5 t ^ ^ ^ <J •*» <*i< v; **'< « ^ O ® ^ ■‘ #'*>^ f i- "i-- ■’■. TO: FROM: Planning Conunission Jeanne A. Mabusth, Zoning Administrator DATE:July 13, 1983 SUBJECT:#754 Daryle L. Uphoff, 2497/99, 2501/03 Kelly Ave. Subdivision - PRD ~ Renewal Application Zoning District - LR-IB Area = 113,000 sf or 2.6 acres ^ . . Application - a) Subdivision - creating four condominium lots and one open space lot D\j[pj_0X credit (Ordinance 34.029) density credit for four units PRD (Ordinance 34.028) - PRD credit b) c) LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Property Owners List Plat Map Planning Commission Minutes Subdivision Plan Navarre Cove Plat - April 6, 1981 Planning Commission originally denied application #568 on April 6, 1981. Council approved application #568 on May 11, 1981. The current proposal is a renewal of the same plan approved by Council in 1981 which is a subdivision with PRD credit creating four condo units - 1 lot with zero lot lines. Each residential lot or pad will be 47' x 47*. Outlet A, an open space lot, shall be owned in common by the four residential units. Once again, this proposal does not increase the number of dwelling units nor does it prevent rental of any unit. It does allow condominium ownership. It improves zoning compliance over the existing use. A 1979 subdivision (Exhibit F) created a lot containing a duplex, which lot did-not abutt commercial zone. By recombination intoOutlotA, owned in part by the owners of units 3 and 4, that duplex again more closely fits the standards contained in the duplex credit section. #: Si Pc elly Ave. - iinium lensity It 1981 #568 on on May 11 , approved credit nes. Each A, an open sidential iitik' i 'i*' iber of lit. It Lng Lon (Exhibit F) ?t abutt commercial : by the 3sely fits Lon. . ^ - r • . • #754 Daryle L. Uphoff Subdivision Page 2 Ownership option is the only issue in this proposal. Density was decided in 1977 when the original conditional use permits were issued for duplex development. The following is a recommendation of preliminary approval made by the Council in May of 1981. Conditions of Preliminary Approval P.R.D. subdivision, 4 residential lots and 1 open space lot per August 15, 1980, survey attached. Access to 4 residences to remain on existing driveway with no new curb cut to Kelly Avenue. Existing joint use docks to remain where located and to continue as licensed joint use docks serving 4 residential lots of proposed plat and Lot 3, Navarre Cove. No dock will be permitted on Outlot A of proposed plat. A single family residence may never be constructed on Lot 1, 2, 3 and 4. Final Plat Submittals 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1” = 200*. Drawing to included: A) Lot lines located per preliminary survey see Exhibit A attached. Drainage and utility easements designated on original Navarre Cove plat to be redesignated on current plat. Lakeside land corridor of Lots 1, 2, 3 and 4 to be extended 10* more - allowing 20* on the lakeshore side and 10* along sides and rear of lots. Legal documents required (to be completed in duplicate) Evidence of ownership, easements and association agreement or covenants regarding Outlot A and joint dock usage. Outlot A considerations as follows: road maintenance, grounds upkeep, sewer and water repaid, maintenance responsibility for each residence, etc., etc. Title opinion addressed to the City. All persons indicated therein as having property interest shall sign the plat and all easements affected by such. mrnmmt •-' ..-4- #7S Sul Pa< Density permits oval Made space eway and irre iroposed d on : copies Exhibit original *nt plat. to be shore Licate) lion I joint )ws: rater residence rsons : shall such. 'X' -' ■ j *■ - I -L., i’v-- -Ifc: i • ) 4 Ff I fe ll Ky'i^r.u - m #754 Daryle Uphoff Subdivision Page 3 3. Fees to be paid: Total due - $1,010.00 A) B) Legal and engineer review and filing fee of $75.00 arth^timl ortL^Sriginai KelirAvenue Holding Company plat and the Kavarie Cove plat totaling $935.00 QC O o o Ui 111 K> 2 M M 00 fo oj <nCM tt liJ I O -J IL r** I a H <0 < tf • ^ ^ o cM H O K> < 4 Kl O O C UI Kl > 2 2 ^ < O C in if O -J - CM M O C I oc>- r r I UI u fit a^ lA < < ^ ID (S ^ Ck; oe CO m < ^ lA o E r ?75.00 acted ling Lng 4 i.K • ' 'J'‘' 9n sr M I4J O S Q. iaJ q: lU H in m <h q: O O o IAJ 111 in 2 M ^ M flO ro uj (O c^j ft Ui o < ^o c^ o: in in o in tt o o o UJ tn z ^ M q; tt I S ^ 111 _ ^ 10 < ID o in 111 CM o: I o X •H CO oc a 111 UJ CL a M M CL a q: <h o m 10 UJ in z M • U O X < h- 10 I- ^ ^ o o < ^ M M O N co in < < o* <in o o o *-4 z U. IL O I X < UJ UJ 10 H 9^ CM CO m o UJ UJ o o gg LU LU (9 O O m N >- < COo o UJ in > < m Ch CL O O o in u CM M J CL >- § 10 I •-I in CO m m o y i CL UJ UJ >- < CL CL -i H < < < 19 O in N CL CL >- < < ^ < m CL Z • Q M M X CL CL 10 i-4 u. U. 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Revegr Uphof1 follov 1)Der 2)Pre des 3)The PRE 4)The of Goette Mr. Ve gineer the si Goette based 1) All tan be 2) All mai 3) The exc 4) Ent 5) Hay to Cit not. EXHIBIT MINUTES OF PLANNING COmiSSION MEETING OP APRIL 6, 1981 The following members were present. Chairman Uaimnerel» McDonald, Jabbour, Adams, Goetten, Prahm arrived at 8:D0, and Revegno arrived at 8:50. Jeanne Mabusth re presented the City staff. The applicant was not present. Staff read the notifi cation that Planning Commission would act on his ap plication at this meeting whether he was present or Revegno moved to deny the PRD subdivision of Daryle L. Uphoff creating four condominium units based on the following findings: DARYLE UPHOFF 2497-99,2501-0 Kelly Ave. Preliminary Subdivision #568 i*'. 8:50-9:00 1) Density standards are not met. 2) Preliminary plans are deficient because they do not designate a 50 ft. private road outlot and cul-de-sac. 3) The subdivision does not reflect the intent of the PRD ordinance. 4) The resubdivision negates all conditions of approval of the previous subdivisions. Goetten seconded. Vote: Ayes (7), Nays (0). Mr. Verne Hubbell was present. Staff reviewed the en gineers report noting the suggested improvements for the site. Goetten moved to approve the Conditional Use Permit based on the engineer•s following recommendations: VERNE HUBBELL 3340 Watertown Conditional Uso Permit #597 8:05-8:10 1) All fill to be moved out of the wetlands to a dis tance of 26'. At completion the entire fill area must be 26' from defined wetland. All concrete chunks and rock buried to allow adequate maintenance. I The remaining fill area to be graded such that no slope exceeds 4:1. Entire disturbed area to be reseeded. Hay bales placed and staked along edge of wetlands - to remain in place until ground cover has taken hold City Inspector to make final inspection. J r • 'y'S . ■ ■■ V • ..-r' mm ^ . :-r-. r.’*’ . n; % i Descri Cvnsr : Surx'ey Area: Scale: Date : (HIBIT 1911 rel, « re- m fi- L. DARYLE UPHOFF 2497-99,2501-03^^ Kelly Ave. Preliminary Subdivision »568 8:50-9:00 not 8-sac. !jval sn- r VERNE HUBBELL 3340 Watertown Conditional Uso Perinit #597 8:05-8:10 -4 5- 8 must juate 3 slope r Ss - ^old -1 Wi • i I m .y5w '■ .A: Proposed Subdivision for Kelly Avenue Duplexes Company in Lots 1 and 2, Block 1, Navarre Cove Hennepin Coxinty, Minnesota soo.oo K - - I \ % V \ \ uhttiy •; ' '•Hri ■' 0^ // :5 29S.^0’ Description: Lots 1 and 2, Block 1, Kavarrs Cove. Cvner; Sur\'eyor: Area: Kelly Avenue Duplexes Company, 2505 Kelly Avenue, Excelsior, Minr.ei.5ota 55331. Gordon R. Coffin, .3025 Watertown P.oai, lont Lake, X.i.nr., 55355, Total area is approximately 113,000 square feet (2,6 acres). Area in each of proposed Lobs 1, 2, 3, L i*; approxiaately 2I£C square feet. Area in proposed Cutlet A is apprcximately 110,£cd square feet. Scale: 1” = IX’ Date : 8-15-8C Gordon R. Coffin Lend Surveyor and Planner Long Lake, Minnesota FROM; DATE: SUBJECT: LIST OF EXHIBITS Planning Commission Jeanne A. Mabusth, Zoning Administrator July 11, 1983 #755 Robert Dumas, 405 Old Crystal Bay Road North Preliminary Subdivision Zoning District = RR-IB Area = 15.4 acres (Outlet A = 13.4 acres. Application = Subdivision - Plat Lot 1=2 acres) Exhibit A — Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Subdivision setbacks from all newly created lot lines. The maioritv of Outlet A is apple orchard. There is a designated wetland- ^ area - located within the outlet. Outlet A is not ^ residential lot but continues in use as part of pple orchard. Staff would recommend that we not obtain easement over the wetlands until Outlet A IS divided for residential use. The existing access to Lot 1 is via the 33' wide easpnuanf* t-hai- Properties to the east of the subject property. Planning Commission should address the feasibility of acauirina access through Lot 1 to serve future development of Outlet A ^ ItTtll combined with thflarger propert^to already defined^3vabutts Wayzata Boulevard. ^The tserPlat Man? ^ e easement that runs through parcels A & B t Map) IS not adequate to serve a large platted area Consideration of a future eastern access to OutlorA and Lot^L® minimurextenr33-^a"s\^men\'^a^^onrsrtVe^nY^^ STAFFRECOMMENDATION SSmar?S^®fresident- f «"hdivision application of Robert __ f plat creating 1 residential lot and following cSnditioSI:''®®^'^®"^®^ development subject to the •r'c;'m 4 i.- I t't v" mmmm Pm '■•ij i f! r Robert #755 Preliir Page 2 1 -Ci lo to 2 -Ac ea 3 - Pa % mt North - :res) i mother's :t property t' new the 'he majority retland - A is not art of obtain until ent that roperty. acquiring tlot A. operty to ard. The A & B d area, and 1 A is divided line of f Robert 5t and y the i i M m •it. ii y...- V- i-V. mM 1 f. 'V I ¥ •Robert Dumas #755 Preliminary Subdivision Page 2 1 -City to require 33' platted right of way along southern lot line of Lot 1 or recommend consideration of access to east be delayed until property to the east is platted. 2 -Access to Lot 1 shall remain via the existing driveway easement. 3 - Payment of a $200.00 park fee for Lot 1. mmmm uthern ccess platted. veway I r I . ■ - m' / (1 : •> • •; J ' • • 9 Certificate of Survey for Bobort B. and Kath^ D^» in the (lorthwest 1/4 of Section 33-118-23 ISQBU^S JUM22Be3 i »_________U OF ORONQy Us/ .....w«/ /.W b sf « i .*••• 33i&y*• »1 • r I I ,.••• ------ W.79 § 4 t)^ £o%^ ft/^ 5£^ o£ A/i^/4 5^.. tj.difi acre^ IV*. \ 5 V • 1225 230^2 #7 55 I % Sot^fk line of Afy i /p.flO':: fropojsJ d»¥‘d*^ ^ Ml* 1^00 -----< lOO^^dLftS ^ t • 2 i • 12? SI ? : H#a^t M ^ M 230 62 0 1 7i/n/ ofed 48 ft 9*\o , £osenf*^^f li. — J____A r .5J. , ^ , . 4.U • A n 'irc^ Gori’€*ct ro»u*6S6n*tcition of* b sui*V6J ^‘'thfLunS^-^~sT^ tS North 860 fo,.rof the South 830 of the '-est hlirof t"'s;u4ast ,uurt«r of the Northwest quarter AND the^st 122., *ect o. tne of the 5th Princioul Meridian, together v/ith an ease- Kcrth, P.anr.^ 23 Uer,t of the 3 of the 2ast naif of the n^nt over the "ortn 33 foet ol Jhe 33^ the rcauofonir^xtstlnr h,.uciir,hh therocn. It dooo not purport to nho« other ir.proveraints or encroachments. GORDON R. COFFIN CO., INC. Scale: Dato : o s 1" = 200’ 1-25-B3 Iron marker Gordon R. Coffin Rop.. ff* *^064 Mark S. Gronborg Reg.. Mo.12755 Land Sur\'eyors and Planners Long Lfiko, Minnesota Crnhr of 5fcW) 33 U9-23- TO: FROM: DATE: SUBJECT: Planning Commission Jeanne A. Mabusth July 13, 1983 #759 Leonard D. Mac Kinnon, 3400 Watertown Road Preliminary Subdivision Zoning District - RR-lB Area - 18.3 acres Application - Subdivision - Plat - 1 residential lot and outlot The subdivision application proposes the creation of one residential lot and an outlot of 16+ acres for future residential development. A review has been made by Gaffron of the septic test data finding that newly created residential lot capable of sustaining a principal and alternate septic system. There is a designated wetlands located in the northeast corner of the outlot and a major drainageway that drains north - note culvert location - from the southwest that runs through the outlot. Based on the many properties involved with this drainageway, staff recommends that it be designated now rathar than wait for future residential development of the outlot. There will be a dedication of 33' of right of way for Watertown Road. We will ask for a $200.00 park fee for residential lot. STAFF RECOMMENDATION To approve the subdivision application of Leonard Mac Kinnon finding all standards of the RR-IB zoning district and Orono on-site sewage disposal code have been satisfied. This approval is subject to the following conditions: 1)Drainageway and wetlands to be designated within the outlot - Flowage and Conservation easement over both areas. Dedication of 33' of right of way for Watertown Road. New curb cut to serve residence off Watertown Road must be reviewed and approved by the Public Works Coordinator, John Gerhardson. 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C#rUflo«t* of Survoy for Lionard MaeKinnon in SootloB 32-118-23 n w 3t0-OO tUt.91 ■" Tttnr WOO'H»rthti9* *f j V S€)^ cfS»3i- '■k Z22 iacfts iM«li«Ji*rt^ roaJ 32i07 ’ ubsf Ho€*f 5l/a^ ns 60 fftttrhne of f’trhtff* &tc/ os rroH Toh! area: fBStoi otrt% cv^^o*^Hy rn*etied I horoby cortlfy that this la a true and correct representation of ® idartee of "That part of the Southwest i of the Southeaet t of Section 32, Town- 118 Range 23, deecribed as follows: Connsncing at the intersection of the East im thS^S^th^at i of the Southeast * of Section 32, t>?eanter line of the Minneapolis Watertown Road; thence North 967 feet to the North i?!.^?^d^uthwMt Tof the Southeast i; thence West 1048 feet more or lees to a point 297 feet east of the Northwest comer of the Southwest i of toe ® flactlm! thm^ touto with toe West line of said Southwest^ of touthMst i,*S10.7 feet inore or less to toe center line of said town Road; thence Southeasterly along toe center oj 443 5 beglnnlBg, except toe West 325 feet of said property lying South of Jorto 4^ feat^oeording'^to the United States Governaent Survey thereof and situate in Henn- / . epia County, Minnesota*GORDON R* COFnN CO., INC. Date t 6—28—83 I Seales 1 inch = 200 feet Gordon R* Coffin Reg* No. Iron Barkers _________ 6064 Murk S. Gronberg Reg* Mo* 12755 Surveyors and Planners Long Lake, Minnesota :»giWimnMW TO; FROI DAT SUB. Zon Rev mmm Vr If • »4 4 surrey of the tction 32, Toww. Aon of the Eeet .8, Range 23 and *eet to the North »re or leea to a I Southeaet ^ of #eat^ of the Mpolla Uater- > the point of the North 443*5 LtuaU in Hen»- rnN CO., INC. Ffin Me. 1b.rfin Rif* R9. 6064 berg Reg* No* 12755 re and Planners innssota i * / . m W' .. . • TO: FROM: Planning Commission Jeanne A. Mabusth, Zoning Administrator DAT July 12, 1983 SUBJECT: #695 Guenther Roth, 1428 Baldur Park Road Variance Zoning District - LR-IC ^ __#ooi „ oa*\ ciinaleRevised Application - Stall Garage requested by Planning Commission doors face street in order to reduce hardcover. Street Setback Required = 30' Proposed = 10' Variance = 20' or 67% Lakeshore Setback Required =* 75' Existing = 24' Proposed = 25' Variance = 50' or 75% c) Hardcover 18 - dry area = 6,900 sf0-75' setback lots 17 & Existing = 620 sf or 9% (garage + drive) proposed = 768 sf or 11% (garage + drive) Hardcover Increase = 148 sf or 2% Total Area Lot 8 (residence lot) = 7,847 sf 0-75' setback area = 3,750 sf Existing = 250 sf 75'-250' setback area = 4,097 sf Allowed = 1,024 sf Existing = 1,080 sf LIST OF EXHIBITS Total Hardcover Lots 8, 17 & 18 0-75' setback area = 10,650 sf Allowed = 0 Existing = 870 sf or 8% Proposed = 1,018 sf or 10% Increase in Hardcover = 148 sf or 2% Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I - Application - Plat Map - Lot 8 Survey - Lots 17 & 18 Survey - Building Elevation - Foundation - Planning Commission Minutes - Notice To Applicant - Revised Plan - July 19, 1982 1 V. P. t: ( f. t t m ( c T h o h I - , single 5f way, as 3ion doors :e hardcover. = 6,900 sf 0 ^e) 17 sf 9, 1982 1 ■ *: CXVi/ 1428 Baldur Park Rd Variance Page 2 Review of Revised Plan The revised plan shows a two stall, single story garage (24* X 22*) set 10' off the street right of way with doors facing the street. As requested by the Planning Commission there is no turnaround provided on the site in order to keep the hardcover reduced. Review the enclosed Planning Commission minutes of July 19, 1982, and the notice mailed to applicant (Exhibits G & H) to assure the revised plan meets the conditions of your recommendation. Staff Recommendation To approve lakeshore and street setback variances and a hardcover increase of 148 sf within the 0-75* setback areas of Lots 8, 17 and 18 based on the following findings and hardships: 1) No additional land available. 2) Depth of dry area within lots 17 and 18. 3) Setback of proposed garage consistent with setbacks of existing garages on Baldur Park Road. This approval is subject to the following conditions: 1) Owner must obtain a demolition permit for removal of existing garage. 2) All roof drainage to be directed away from lake - towards Baldur Park Road. 3) Building Official will determine if soil borings are necessary for a floating slab. 4) Owner is placed on notice that the City will not approve future improvements to this property if they require variances. ors sion keep mmission icant reas nd of Lota !Ie; JO 17 EXHIBIT 6 Certificate of Sur'/oy fdr Guenther Roth of Lota 17 and 18, Block 2, Baldur Park !Iennepin County, Minnesota SAofm/me tVf0t fZfS •/ 4-/9~9Z ^ e»J or> ^0*ed Tc4»e /7, /P/Z_ I hor:jLy certify th'.t thit* is a true and correct represent I tier, of a aur’vey cf thj boundaries of Lots 17 and 11', Plock l',"raldi:r l-ark", and the location of all oxi^tin-: b-jilci.Cf'fj tnarecn. It does I'ot mroort to r'r.ov. utr.er i::;:); ovc-ruer.tr. or or.croec.arner.tr. 1» = 5C* h-17-62 Iron rrarker uoruon r.. Coffin Rei;.^ic, 6C64 Lend Surve..'or and Planner- won^; -Vike, Minnesota \jf Q KU O V \ , 0/5 9^A. , *% ■'•'s''''-. >!^t 1 A.j. J--- . -, . •••. .. J ^ 'i --------J ___i V f , if ' ‘ --t A -1 , y * • i f i 1 I I i iisSlWpump’* V •■ ■ i.-; >■-! .. ■• -■;. : • ' ^-. MINUTES OF Mr, Roth wc plant manac Kelley aske McDonald as City road? Mabusth stc property. McDonald st combined fc Also she nc unless a pi Mabusth rei dated 1979 Rovegno stc like a hous X 5: Mr. Stodolc work, has c summer cotl McDonald ir that the Ic at Hennepir that the Ic Mabusth stc and was con became a Ci Goetten aga She* felt tt Kelley felt that there there is a felt that t the propose trees. He attractive. Opheim stat setback and variance, > is much toe Opheim move suggestion proposed ga hardcover. Kelley secc >■ • ■. > ' /- _ _ _.--?>-i^»»?' B/^/Li:^ (S-. MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 19, 1982 Page 9 / Mr. Roth was not present. Mr. George Stodola, Mr. Roth's J/^!UENTHER ROTH plant manager, was present for him. 1428 Baldur~ParJr- Variance Kelley asked how much hardcover would be increased? #695 McDonald asked if Baldur Park was a private road or a City road? Mabusth stated that it was a City road up until Mr. Boar's property. McDonald stated that these parcels of land weren't legally combined for tax parcels with a street dividing them. Also she noted that you can't put a garage on a property unless a principal structure is on the property also. Mabusth referred to the plat map and combination forms dated 1979 that reflect the combination for tax purposes. Rovegno stated that the size of the structure seemed more like a house than a garage. He noted the building size of 25' X 52' which is much too large. Mr. Stodola stated that the applicant does a lot of wood work, has a few boats and noted that this is the applicant's summer cottage. McDonald insisted that the lots were not combined and stated that the lot combination form came from the finance division at Hennepin County for tax purposes but that doesn't mean that the lots are legally combined. Mabusth stated that these lots are combined for tax purposes and was completed in 1979 well after Baldur Park Road became a City road. Goetten again noted the size of this proposed structure. She* felt this was much too ’large for a garage. Kelley felt that the second story was alright but noted that there is a hardcover concern. He also noted that there is a swamp behind the proposed structure. He felt that the neighbors shouldn't have any problems with the proposed garage because the structure is between the trees. He noted the solar second story which is very attractive. Opheim stated that this proposed garage is in the 0-75' setback and the real issue is the applicant wants a variance, he has sufficient hardships but the structure is much too large. Opheim moved to table Guenther Roth's application with the suggestion that the applicant considerably reduce the proposed garage and therefore have substantially less hardcover. Kelley seconded. |i •• ■i I ^4 'i: mm V; 0-^ - < MINUTES OF McDonald no decided whi< proposed st: Rovegno fel a two stall Kelley sugg' existing ho year round. Opheim stat and that th would they : "normal" si with it. Rovegno sta would be ou it be put o setback lin Opheim stat with a norm side as the it would be Rc«vegno not shoreline m Goetten sug side of the soil boring handle such Kelley felt stall and t Hammerel co McDonald su (lot 8) and Rovegno sta be fine as the lake, the hardcov Opheim stat the side wh be two stal whether the Vote: Ayes £a(/U^ &. Page 9 l/ic;UENTHER ROTH 1428 Baldur-ParJc Variance #695 t's ted ion ses te 1-sijv;. 5C ^ ■- m 'X. • ti- ii-. A *r-v -V I mumM MSMHMfdMBS MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 19, 1982 Page 10 McDonald noted that the Planning Commission hadn't decided which side of the road they preferred the proposed structure to be on. Rovegno felt that it should stay roughly the same with a two stall garage and the second story. Kelley suggested that the workshop be added onto the existing house. That way he could heat the workshop year round. Opheim stated that it was a strange lot yith the lake and that the total issue is how much additional hardcover would they be approving. If the applicant proposed a "normal" sized garage that he wouldn't have any problem with it. Rovegno stated that if it was built on the house side it would be out of the 75' setback area. He suggested that it be put on the side of the house away from the 0-75' setback line. Opheim stated once again that if the applicant came up with a normal two stall garage put it on the same side as the existing garage, in replacement of that garage it would be better. Rovegno noted the erosion problem and suggested that the shoreline may need smoe rip rap. Goetten suggested that the garage should be on the same side of the street as the existing structure and suggested soil borings be done for determining if the soil could handle such a structure. Kelley felt the same side as the existing garage, two stall and two story. Hammerel concurred with Kelley. McDonald suggested a two stall garage on side of house (lot 8) and no second story. Rovegno stated that the other side of the street would be fine as long as they, directed the drainage away from the lake. Two story, reduce size, and don't increase the hardcover. Opheim stated that the proposed structure should be on the side where current garage is. The structure should be two stalls and soil borings should be done to determine whether the soil could withstand a two story structure. Vote: Ayes (6), Nays (0). ROTH (CONT) o Post orrire Box G6 • C Guenther 46 03 Ell. Minneton! NOTICE OF Date of b Votes: Planning NOTES ANI applicatj •1 n reviev council:. from lake placemeni required aaraqe oi App: In all a requester or the C. If the a contact If you they ar and app mk Page 10 ROTH (CONT) :f 1 - •■ f' ■ ■ • ‘.r mp] ii »? r-.v ■'Skr”' V •' ■ I F-:Oli i 'i\A# Po»t Office B«»x G6*Crystal Bay, MinnesuU 5532^1 • Municipal Office Telephone 473-7357 // m.Control No. X M i. I •i. • ym- i:: , : n Guenther Roth 46 03 Ellerdale Road Minnetonka, MN 55343 Variance Conditional Use Permit Subdivision, Preliminary Date of Notice 7-21-82 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting _ Votes; fi For 7-19-82 Against Planning Commission recominends the following: Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study _No. action required NOTES AND SPECIAL CONDITIONS Planning Commission has tabjed all action on your annlirahion as nroDosed and has asked that you follow the following quidelines_ r-.vi>.wina hhB garage plans if vou wish a recommendation o£ approval for the fmiTir:! 1 ! rf-dncA garage to standard 2_stall garage,,^—22_^—3<_24-^52—^ oarage on Lots 17 t 18 - second story will require frost lootings Applicant's next scheduled meeting is confirmed as: Planning Commission _ _ _ _ _ _ _ _ _ _ _ _ _ Council_ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the August 16. 1982- - - meeting is August 2, 1982 or September 7, 1982_ _ _ _ _ for the seph«=>mh<=>r 20^ iQfl2 meeting. In all cases, the application must be 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. 4 '* ■* ’ •• • > r->K;v -i • *■. ; ■ 1 ;• ..r '*.■ • • ‘ . ‘T’* : ' '/ lotn 1 ntrol No, X_ Variance ___ Conditional Use Permit Subdivision* Preliminary te of Notice 7-21-82 d before Council meeting formation from applicant ther Planning Commission has tabled all action on your 3W the following guidelines ndation of approval for the qe of 22* X 24* (52* x 25* age; 3) direct drainage away > for best and safest use ir; 5) a soil boring will be Council approves locating frost footings. -^ ned as: it upon receipt of oust 16. 1982 ber 7* 1982 Lth the • submittal of u ally withdrawn information, please anning Commission Minutes ecretary upon review 4 '—^ mr: S’ •• *. — «* ■« , • » _■ 4 * * * im .T - vt i*j» .’I'V> ••.,.» . , ■ . • 'C pr G u-voy for Ci\i??nthor Ko*ri '/.)tr! 17 tifvi 1^*, r‘loc'< ■ t .’■••.Ui’J“ rMr> ••■'r.” VI':• Ccvrity, t'.lr.; :v ’-'i ' u r < •' * y ■ ■; • ,-'v . .V',- Vv.-l ‘ ., I- . * •• • .c ‘ . ----. ■m^:y-rK<:r ^ . » r 1 *• ' V » • ;v ^ . # • v^. ,4. . •: ; •* . 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V •'V ■••* ' v.:»Vi:<:;^%-'.;;>;'V ■itts-v '’•.46teuT:- ■:i '• ^'1* •• • •* ' • y • • . - ■ .-H' ' ■>'fr . . tv^k^r.frS */in4t ft f 4~/0‘9€t,: '^-y n'^:jy: -•.v- -..;V V. -« • ' •«• ' XiHfT.• V 'V< * . mm>...mu m- u j,. •* !✓ .» > I I»1 . V , ^ N Uii. ori*>^<*t .‘i '\yi\ '■»r ’id' ^bo ‘■■i?»‘ ..n, ll :.tr. or ■.' f. ■t .*y • J «■ tisSi£}' . ^ •* *3? - Y ■ ?-ri.,'.'..-.:v •• ■ «•/.•/-<•? r - - -tfik - '^It^ 1. M .‘‘i'-.i'-■ ■ • •;*/•.■, y*.'#‘1t# -1 • 1* •' ‘ »: •^■.fo V s3 ^ ^ V.H*, m^m m :,mL . TOj FROM: DATE: SUBJECT: Planning Coitiroission Jeanne A. Mabusth July 12, 1983 #750 Maurice Wagener & Cedric Charles Street Vacation At our last meeting, the "^„^°^^§!urpriot”o acting t"ti°tten response from ^ Charles Street. on the applicants petit .uooortson a.. completely supports We are in receipt of that resp the vacation petition r, fcr..^s:urp;i- »• findings: •rthi- of wav does not meet current 33* wids ^ j standards for City roa . neighborhood 2) Based on the |^rsting patte^^ ^ ^„^d development, ther jv.nii finhin^ Lyman and Woodhill.^^ 3) The ^t^the Maurice Wageners, the 4) The surrounding p P of the petition. con pet wif on : a ) acting :les Street supports irles Street le scribed )wing ood road ing ie >. pport Woodhill Country Club, a Minnesota corporation, does hereby consent to the vacation of Charles Street as prayed for in the petition of Maurice J. Wagener and Virginia A. Wagener, husband and wife, and Cedric E. Dettloff and Marion Dettloff, husband and wife, on file at the Orono Oity Offices. WOODHILL COUNTRY CLUB, a Minnesota . >• i f -■ V. 4 ; 1 k ii \ m but Oron resp orde Lane foil use * stre A va woul woul be tw plat were west Wage to L Wage desc on t on, does hereby for in the ner, husband and usband and wife, UB, a Minnesota *^its P^sisident .Vlir PETITION FOR VACATIOi^ OF UNIMPROVED STREET TO: City Council of the City of Orono The undersigned owner of properties abutting on the platted but unimproved street designated as Charles Street in the plat of Orono Orchards lying between Woodhill Avenue and Lyman Lane hereby respectfully petition the City Council of the City of Orono for an order vacating Charles Street between Woodhill Avenue and Lyman Lane in the Orono Orchards plat. This petition is based on the following facts: Charles Street has never been opened as a street for public use between Woodhill Avenue and Lyman Lane. There is no need for a street in the location where Charles Street was originally platted. A vacation of Charles Street between Woodhill Avenue and Lyman Lane would not deprive the public of any existing street facilities and would eliminate the need for any street ever being constructed between V^ioodhill Avenue and Lyman Lane. Charles Street was platted as a part of the Orono Orchards plat as a 33 foot-wide street. All of the property, if the street were vacated would revert to the adjoining property owners on the west of Charles Street i.e. Maurice J. Wagoner and Virginia A. Wagener as to Lot 46 and Cedric E. Dettloff and Marion Dettloff as to Lot 43. That the undersigned, Maurice J. Wagener and Virginia A. Wagener, husband and wife, are the fee owners of the property described as Lots 46 and 47, Orono Orchards abutting Charles Street on the west for a distance of 500 feet north from the platted 2T 1 the platted 1 the plat of an Lane hereby E Orono for an s and Lyman ased on the et for public s no need for a inally platted. and Lyman Lane facilities and onstructed ono Orchards if the street owners on the Virginia A. Lon Dettloff as /irginia A. ? property 3 Charles Street tie platted i 'i, ar\ w. ■ intersection of Charles Street and Woodhill Avenue. That the undersigned Cedric E. Dettloff and Marion Dettloff. huoband and wife, ate the fee owners of Lots 43 and 44, Orono Orchards abutting Charles Street on the west from the platted intersection of Charles Street with Lyman Lane to the northerly boundary of the properties owned by Maurice 0. Wagener and Virginia A. Wagener. That the Hoodhill Country Club is the fee owner of the property abutting the unimproved Charles Street on the east from the platted intersection with Woodhill Avenue to the platted intersection with Lyman Lane. Respectfully submitted» Maurice J Virjiinia A. ^genff;r PEROIX, HARVEY & THORFINNSON, P.A BY: ROSS Thorf'iiv Attorney for M^aurj^e J. Wagener and Virginia A. Wagener Representing All Petitioners in This Matter. 17 Tenth Avenue South p.O. Box 190 ilopkins, HN 55343 Telephone: (612) 935-4466 l ' Cedric E. Dettloff^ .. ji hat the lusband and ;hards abutting lion of Charles the properties c of the he east from platted ed, DRFINNSON, P.A. 7 2= r^e J. Wagener a; v/agener All Petitioners r. South \) 935-4466 ti TO;Planning Commission FROM:Jeanne A. Mabusth DATE:July 13, 1983 SUBJECT: #757 Kent J. Norman, 538 Russell Avenue - Variance Zoning District - RR-lB Area - Approximately 1 acre Application - rear setback variance Required = 50' Existing = 33' Proposed = 19'+ Variance =31' or 62% Mr. Norman must construct an additional bedroom for his growing family. The upstairs already contains two bedrooms. The only feasible area to expand is to the rear based on the interior house plan. I have had to locate the 15' x 12' addition on the applicant's survey. The floor plan and the applicant's wife have confirmed the addition will be 15' off the rear of the house. It would appear there is a hall area before the entrance to the bedroom. Applicant must confirm exact dimension on floor plan diagram of total addition. The scale has not been noted on the floor plan diagram but it appears to be 1/8" =1'. The lot is severely substandard for this two acre rural zone. Note portions of Russell Avenue intersect the applicants lot. The City will ask the applicant to quit claim deed that portion of the road to the City. STAFF RECOMMENDATION To approve the rear 31' setback variance application of Kent J. Norman to permit the construction of a 15' x 12' addition to the rear of his residence based on the following findings and hardships: 1 -Lot is one acre in area and subject to standards for acre minimum rural lots. 2 3 The property is sewered. The depth of the lot at the house location is approximately 110', the existing structure could never meet the required setbacks. The approval is subject to the following condition; 1 - Owner/applicant quit claim deed to City portion of Russell Avenue that intersects his property. fp. 4; v: 4 4 .• ■ ■r’ • mm f u ^ ■■ ► *-• o ^ -■ M Q. • Ul o o Sa Ul q: r UJ (A >• <A O M < Hr tt: M O -J u. ZZ CA M €t Ul >• Z 3 CX O Ul Q. > O I- q: ck CL Ula >• o CLz a. ou z M QL Ulz Ul X lA Nro o o Ul H <o lAo o Xu <(D Kl O O Ul 0 > C O I- M O H- O (A O Z •H O Kl (Ar rA Ul CM ^ I U M —• Q I <M I O O I Kl ‘ CM: CO ^ I Kl O I O O Q O QC M lA X CM Q • O O 3 I CM o in Kl CO O Kl O etoo < CL O £ /arlance his growing The only interior tion on leant' s rear of ore the ct dimension has not to be two itersect . to quit i of Kent addition findings \dards ire rtion arty. liu -f ’iP w It- i» ’tsV’ r fr<' m m ro o Ma • Ul O CO H O Q. Ul q: r UJ h- 01 >• i/% o H < V- 71 (O (K H O J u. 2 <0 M q: UJ CK O UJa >- o H q: IX a. UJa >• o fc a Z ^ ou Mo. Ul 2 UJX <0NK> O \ o UJ !;o § Kl O O Ulo > < K> UJ CM t/t • 01 •H a CMo o CO 4* CO o lO o cr tt UJ UJ H »-z z UJ UJ CL Q. 25 U U in in < < r r o o X X I- H O ^ UJ in > m < UJ in < ZD H “?5 o >- <0 < ^ 3 Ooo o m CM I I CM O COm >- ^ u q: Z 2 a CK UJ UJ z X H H O^ (X O O 2 Zo o H ►- (0 COz z M M ^ -J oc a D 3CD (D ooo o ,•• W.'Wv . '• ;V QCUJ in CM ^ o o O H ^ M •o o in O Ul UJ Z O CM O > z o ^ Z o < X Z o *-4 0 ^ O Z Kl m in H in Kl in M UJ in z in tn -j X > m m UJ z X CM X X a m UJ o u < CM in q: <t 1 U < < Ul 1 CO C -1 X H« I Z h- z^ Q Ul X 3 3 -i z u *-« QC O O UJ X H -4 Z Z Q.-* X in 1 -1 1 Q cn <(O CM O Q H 3 M too:3H o o q: q: in <o o z < a < in M z NKl < < a < CM 3 3 CO Ul-JO^>-CO^QQO)-<o o Qt UJ in <o Ki o UJ UJ sf in Kl o Ul -1 m 3 1- •J < H UJ •-Ho O Q Q! tto a 1 mo UJ q: r o < oc Q Z UJ < >- N tt << UJUl a c 522 O »- V Certificate of Survey for Kent J, Kernnn of *^t 9, Aud. Sub. Nr. 307 Hennepin County, Mj:»rjer>ota #757 JUN 2 I 1983 f , iJj, qwlqemonq j I hereby certify th^t triis ia n true and correct representation of a survey ol’ the bcundaries of Lot 9, Auditor's Subdivision Number 307 Hennepin County, Kir.nosota, and tlie location of all existing builaim^s thereon. It does not p\u- port to show other improveinonts or encroachments. Scale Date o 1" = 40' 6-1-83 Iren marker GORDON R. COFrIK CO., INC. Gordon R, Coffin Regr Nr. 6064 Mark S. Gronberg Rep. .N'o. 1*755 Lend Surveyors and Planners Long Like, Minnesota r- ‘I ml 5^?;:^ ..V t » 4 •‘f. ,0 *<» » ‘ I ■ cC u/ I •J J oj f n m o 0 /VT V/^ UJ ♦ ♦ • • •- • • # 1 # '1 / J I vJ I to of Survey : J. Kerrmn id. Sub. Nr. 307 mty, Kj.’irier.cta ^^757 J>JN2 I 1983 -• f yilOFORONO y th>-.t til is is a eresenta tion of a os of Lot 9, ber 307 Hennepin ocation of all does not 1)1 u- fir.croac'nnonLt;. ., INC. Reef Nr. 6064 Ree. No.l?755 Planners M. tv. .^V : % mm I-..-' •!» u Vfloq >■ ^/• ♦ • V 4 4 i : * } ‘€* — ^1 O — , , • « • * «« • . * • • • ♦ • • t JUN 2 1 1983 ,, CITYOFORONi; #757 4^r^«*Cv« •• ' 1 ' • • • ••••"“I.-:- r? t I -5 o?7i T ^ t • e • J /' (V! '-7r.^;.r J V 'V:r^ • 4 • e •• ‘-iJ ^ i r C" ffjsi * l.'t ifc%« TTFJ^^' >• »-.'^r .. ^ •U.‘^. /• siv' TO:Planning Conunission FROM:Jeanne A. Mabusth DATE:July 13, 1983 SUBJECT;#760 William Ulrich, 1535 Bohns Point Road Conditional Use Permit Zoning District - LR-13 Area ~ Approximately 3.7 acres Application - Per Ordinance 31.700 for proposed seawall. - Conditional Use Permit LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Application Property Owners List Plat Map Survey - Site Plan DNR - 6MCAR - SS.5023 DNR letter to applicant Agreement Cross Section Borings Installation Elevation Seel wall layout Council Minutes (7-28-80 Council notice - Application #569) Ulrich seeks a permit for a seawall to control the erosion caused by muskrats of the shoreline of his portion of the lagoon and 20' of his neighbor's lagoon shoreline. The neighbor has signed an agreement (Exhibit G) to permit the extension P^oP®J^ty. This is actually protection fOx the neighbor, Blohorn, because when a seawall is installed moL purpose of controlling bank rats, the rats usually neighboring properties. The lagoon is an ideal habitat for the muskrat. Trapping is not the answer as we learned in Peter Switenki's seawall application #569. porPna?lly?"?hfonl^^ Ret letter (Exhibit F) - "a retaining wall would be one with muskrats because they burrow in between the rocks. •i'. .V.- mm - 1 w * C: .r;- Aliai:*- • - • mmm ;v-: 5 -r, l t #760 Vi 1535 E Condit Page 2 REVIEVi The s€ sectic will t wall i water show t withir an opt We mus instea and wj STAFF Staff minute Switen make a To app the in proper follow i-;- v':- ^ ^ tt uj att n o tt r 0O < CK O 0 «t q: 0O Z 44i <0 Z ui << >- N < >• \ q: < U4Cl uj CL 2:a uj a 2:0 :! X <0 Z X < 8l 0 ? ^a: Z ^ 2 a 0 ^ 2?: • ^^oOosJn IMSo^ JUN3OB03 ?• JUfiFORONO *•. ^ —• — f ^4,-^ 4/ i-‘l ■-; • ■■>■ m. '• -M '. ■--■></•. .'I• -.li* . .H i r-. I x„' . ■T,-Kiiiiii. "•'?i Sps^i ........................................• ^ iPw«- ■?;ii Department of NaUiral Resources 6MCAR § 1.5023 (3) The harbor shall be available for use by the general public. (4) The development plans shall minimize the watcrw.nrd en croachment of the facilities. e. Off-shore marinas: (1) The area shall be zoned for such use or local governnrent shall grant a land use permit. (2) The proposed marina shall minimize encroachment water- ward of the ordinary high water mark. (3) The marina shall be sized consistent with the demand for mooring facilities in the area and the number of watercraft to be served. E. Retaining walls. 1. General standards: A permit shall be required for the constmetion or reconstruction of all retaining walls which should be discouraged because their appearance is generally not consistent with the natural environ nent and their construction and maintenance cost is generally greater than riprap. 2. Permit: Tire issuance of permits shall be contingent on all of the fol lowing conditions: a. Existing or expected erosion problems shall preclude the use of riprap shore protection, or there shall be a demonstrated need for direct shorcland docking. b. Design shall be consistent with existing uses in the arc.'r. Example.^ are: riverfront commcrcial/industrial areas having existing structures of this nature, dense residential shorcland areas where similar retaining wrdls arc common, resorts where floating docks may be attached to such a bulkhead, or where barges arc utilized to transport equipment and supplies. c. Adequate engineering studies shall be performed of foundation conditions, ticbacks, internal drainage, construction materials, and protection against flanking. d. Tlie facility shall not be an aesthetic intrusion upon the area and is consistent with all applicable local, state, and federal management plans and programs for the water body. c. Encroachment below the orduiary high water mark shall be held to the absolute minimum necessary for construction. F. Other waterway obstructions. A permit shall be required for the con struction, reconstruction, relocation, removal, and abandonment of all other off-shore structures, cables other than utility crossings, pilings, or other fa cilities not covered by specific regulations: E Bii m.2 t. > sr-- if-' Vi.''■ * i r I |« i! W ,-A- DNR-8 PHONE: Jur RE; Dea Sint m-,t; Cli ent fol- ickl ;. I ■:^V :. ■V;f tSi.W ' ” m: v5 '^■':h » *.• i . •'ly*'*- ' ;' • rT’i*I iiliif- ■ ONR-8 PHONE: «ai ■vi-'i.v^^ttapwf:. ■• - -■■ •'■«#->f'Sf »,K' •- ■ ;.-v;v•^.^■riY^ STATE OF 296-7523 DEPARTMENT OF NATURAL 1200 Warner Road, St. Paul, Minnesota RESOURCES 5S106 File No. ______ June 7, 1983 Mr, Peter H. Bachmann Broeker, Hartfeldt, Hedges and Grant 2850 Metro Drive, Suite 800 Minneapolis, Minnesota 55420 RE; RETAINING WALL PERMIT APPLICATION 03-6150, WILLIAM ULRICH Dear Mr, Bachmattn: In order to complete the processing of the subject permit application, we request that a metes and bounds legal description be submitted. Any permit for a retaining wall must be title registered and therefore, this informa tion is needed. Also, as we discussed over the telephone, the Department of Natural Resources (DNR) regulations generally discourage the construction of retaining walls except where other measures of erosion control are precluded or direct shore- land docking is needed. The DNR review criteria for retaining walls are con tained in the DNR Public Waters Permit.s Rules 6 MCAR S 1.5023 (E) (photocopy enclosed). Based on our review to this point on Mr. Ulrich's proposal, there appears to be an erosion problem and a demonstrated need for muskrat control. A retaining wall would be one method of controlling these problems. Our re view is not complete as to other alternatives available to Mr. Ulrich, but it seems that the retaining wall proposal is not inconsistent v;ith DNR rules. Please forward wo (2) copies of the metes and bounds legal description for Mr. Ulrich's property. If you have any further questions, please do not hesitate to contact me. Sin rely JopTY Line Stine, Area Hydrologist Mcifexo Region Division of Waters JLS/ch Enclosure ■cc; City of Orono William Ulrich _A_K_I_ _fTi^l • A I_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _•• ^[i©i:WL^4 A JUN 1 01963 1 1 U niTY OF OROMC 1 • H j. > .-.j - m.m RCES lo. plication, we ed. Any peirniit this informa- Watural Resources etaining walls or direct shore- ng walls are con- 3 (E) (photocopy s proposal, there muskrat control, Dblems. Our re- c. Ulrich, but t v;ith DNR rules. aescription for lease do not — ygmt * I lM 101963 i * * r OF ORONC •f; •K, t ikI '%■ :• .. •i?. L^t,’ .«■ r->v: h/' mn mm M . . -: v;Ttr:v« f.. -• ••• 760 g©gowg JUN 301963 V CITY OFORQNO LICENSE AGREEMENT PERMISSION TO OCCUPY REAL ESTATE Agreement made this day of 1983, between Gerald M. Blohorn, 1595 Bohns Point Road, Wayzata, Minnesota 55391, herein called Licensor, and William J. Ulrich, 1535 Bohns Point Road, Wayzata, Minnesota 55391, herein called Licensee. In consideration of the mutual promises herein contained. the parties agree as follows; RECTTAT.S The Licensee desires to construct a retaining wall along the shoreline of his property on Lake Minnetonka. Said shoreline is situated in a lagoon on which Licensor also owns shoreline property. Both Licensor and Licensee desire the Licensee to extend his wall approximately fifteen to twenty feet along the shoreline and onto the property of Licensor. SECTTOM nyqp ; GRANT OF LICENSE; DESCRTPTTDM HP PRRMTSE.c; Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof, a portion of the shoreline of the following described premises: Lot One, Lydiards Park, Lake Minnetonka i 4 t , ? i l! : 1 e i t . ; provi upon t to the Licens 1983, rzata. J. Ulrich, iin called In contained. wall along lid shoreline horeline nsee to along the to occupy ereof, a remises: mmm •1 ■ SECTION TOO LLKITATION TO DE?;rPTBFn pURPQ.qR The premises may be occupied and used by Licensee solely for the purpose of installing and maintaining a retaining wall along approximately fifteen to twenty feet of Licensor's shoreline property and for incidental purposes related thereto during the period commencing as of the date of this Agreement and continuing until this Agreement is terminated as hereinafter provided. SECTION THRRR NO MONETARY CONSIORRATTON. This permission is given to Licensee for the benefit which the Licensor will receive from the retaining wall and as an accommodation to Licensee and shall be rent free. Licensee hereby acknowledges the title of Licensor to the above-described premises and agrees not to assail, resist or deny such title. SECTION , TICI vMINatton of ltoense. Either party may terminate this Agreement at any time upon the giving of thirty (30) days written notice of termination to the other party,. IN WITNESS WHEREOF, the parties have executed this License Agreement on the day and year first above written. —.... till ;^Ttf*»'. ■ wp'i 21 *^ ' "” ■WII !■ 'WHHS- <»♦>mm^:-iiii t:i . »■«_ '■N^. ;. :.•< ■ *'•/ li O. rtW r c • •«« *• • 1^’; .•- rffc, > “ J • A • * ••. 1 / ./; C • . ri' •^. • • • < ♦•.# •.^ ••-•^ I'- .• : »• V- : .•:. % • <• . /; r^ .* " .• \ • ' *7 ^ :.:r*: >.;.;Ov*: .V^.-^ '.>* T*'-- * . ..y ••*' . •- . • 7.^ . •» •• j /[v { .•• ; • ^ . f* . , *• ' .» # • ‘ • M *• ^ • •• • • i^ Acft-flUr. ^ ttf -fi-SW-..A-OCr/^ • • . ^ •« » . ^. % .•.’ »‘* -w < * ♦* WALL -ift> ^-« pLKced » «••• • « 76 JtigA-'t. eCf \i'»-'fiYi..« <l«..e. ^i©i;w Sir^'*' ':i ••': 1 > " i! k iJ JUN30I983 CITY OF ORONO ! \ #760 ___A/___^^ / ri'^L rt- • i»* •• •>:v; ;•-■! 4 it r I! »••••-___ • • pi-i^cecl. . •^: n ' li 3ROfiO c 6 r \ 0 L/yl JUN 3 01983 CITY OF ORONO •,*r //\ I -r: Ztio^Cc^ "V iTl7T / OU iV Ver-y ^ctiT \y ..^jcL LK-t...t« ifu. SiHumM’ irf'K.CiU.....of SeuttJ, 3^ .J-OVt H z C6^-'L./U * .-*^1 ’. ■• ^ rII ii.wmiwiiiI • '• 22?s?^''i»!.r!‘?*‘.--ii irri'-v regular mee The origine in the fom because of involved, j applicant 1 this mee til plat appro’ Commission parking vi' subdivisio that Counc street par Planning C Planning C lot line r based on t 1. Correc princi 2. Divisj for Me 3. Appllc struci propel based on ^ 1. That on th« with 2. Adams of pa Council M Butler mo prelimina Ward, 469 Commissic Motion, P Alan Olsc a memo px trator, i Switenki, 1980, wh: iOVv/i; 301963 •iS. y OF OROi^iU ka«>‘> t »»•»• "•r -■ of . J t -f f J j/ - >; • • • ji. Fi-. m regular meeting of the ORONO council , JULV 28, 1980 f„%slo» o!" riSS "S.because of the length and complex legal description involved, staff has had to require a pla^. Tne applicant has been informed of the problem. * . this meeting. Council will be acting on a preliminary plat approval. commission members did not wish to oarkina violations of the Ward property with the Subdivision application I would still reco^end that Council direct staff to work out a safer otr street parking use with the applicant. Planning Conunissioti Meeting — July 21, 1980 Planning Conunission Ward lot line realignment subdivision of S p baLd on the following findings: 1 Correct existing setback problems for the principal and accessory structure 2. Division will not create setback variances for Major's property ADolicanv may now maintain his property and ' st?ictnre:5 ,^thoutencroaching on neighbor s property 9 based on the following conditions: 1. That the smaller parcel, legally described on the Certificate of Survey, be combined with the Ward property 2. Adams added that Council should be aware of parking use at the Ward property. Council Meeting - July 28, 1980 Butler moved, Hurr seconded, to approve the oreliminary subdivision request of Stephen ward, 4695 North Shore Drive, ^he Commission recommendations of July 21, 1980. Motion, Ayes (5) - Nays (0). 1980, which states: Page 22 SUBDIVISION 4695 North Shore Dri (Continued) CONDITIONAL USE PERMI 45X0—Ni^rth Shore Driv cdirifie^erS w i t e nk i (Continued) REGULAF The cor Switenli to com): refused reque s\ propert rappinc Mr. Sw of the and thi for hi coming It sho of thi of dre wetlan the ar There inspec severi is any the Ci The De Minneh approv method appare becaus Mr. Sw the ar was ne The lo and ap succes more a protec engine method that t of ban the pr submit The Pi method polici Planni in thi U Page 22 SUBDIVISION 4695 North Shore Dri (Continued) : '-H fe. v\ CONDITIONAL USE PERMI 45Xa-Nqrth Shore Driv ^•Pe^er Switenki (Continued) i .V '■ IM I \m\\ REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 The conditional use permit is requested by Mr. Switenki to construct a seawall along his shoreline to combat a muskrat invasion. I had originally refused the Department of Natural Resources permit requesting seawall construction because the property did not abut a channel. I recommend rip rapping. Mr. Switenki then recontacted me and informed me of the severity of the erosion along the lakeshore and the pot holes that create hazardous conditions for his young children at play, all apparently coming from muskrat activity. i It should be noted that the entire shoreland area of this and the neighboring pr *perties consists of dredge spoils and fill placti over a former wetland some years ago. This apparently makes the area especially susceptible to muskrat habitat. There are holes in the lawns, but a personal inspection is necessary to determine the relative severity of the situation. I cannot say that it is any worse here than in many other areas of the City. The Department of Natural Resources and the Minnehaha Creek Watershed District would normally approve of seawall construction as an acceptable method for controlling muskrats. Rip rap would apparently not be' effective against the bank rats because they could tunnel between the rocks. Mr. Switenki has hired a trapper but he gave up - the area was an ideal breeding ground and trapping was never going to solve his problem. Page 23 CONDITIONAL USE PERM! 4510 North Shore Dri^ «569 Peter Switenki The local game warden has been out to the site and approves the seawall as a sure method of success but could not recommend another method more acceptable to City*s policy of shoreline protection. The City Engineer approves the engineering plans and feels it is an expensive method but sure to be successful. He cautions that the neighboring properties will get the overflow of bank rats and that before the City approves of the project, owners of adjacent properties should submit letters stating they approve of the proposal. The Planning Commission questioned whether other methods more in keeping with the City's shoreland policies might not be available. Eventually the Planning Commission did recommend seawall approval in this particular case.(Continued) ... :/■ f • * - J.wm REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 24 V staff would suggest that if indeed a - is desirable to control the muskrats (is that control desirable?), then perhaps rip rap might be added on the face of the wall to protect it and to preserve a more natural appearance. The banic is only about a foot above the water at this point and the lake bottom is very shallow. CONDITIONAL USE PERMIT 4510 North Shore Drive (Continued) Council Meeting - July 28, 1980 Mr. Switenki was present to discuss his application. Mayor Van Nest: The City requires rock or rip rap and does not approve of a steel shee g A seawall creates disruption of the^ke bottom because of the lack of a shock absorbent.effect prevalent with rip rap. Mr Switenki commented that a seawall is very ^;ensive and it would not be financially feasible ?o cSnsWuct a seawall faced with rip rap at this time. Hannah moved, Butler seconded, to appro , . conditional use permit request of Peter 4510 North Shore Drive, to construct a seawall not to-include rip rap. Hardship is topography of the ilnd Motion! AyL (2) - Nays (3). Mayor Van Nest, CounciImembers Hurr, and Paurus Nay. Motion failed. Nays (0) . councilmember Hannah vacated his seat at the Council 'csibXs* j^571 iiia« m «?on Citv Planner, entered into the record Gregg Hannah fptt^ated’'by jtann; Mabusth, Zoning Administrator, to5?tetning a subdivision request of Gregg Hann^. 1406 Bohns Point Road, dated July 23, 1980, whic s a Zoning District - LR-IB area has been maintained by Hannah for many years. The subdivision will create no setback variances for the Stewart property. The Planning Commission approved the subdivision application of Gregg Hannah subject to che enclosed staff resolution. (Continued) m Cl Post Office Box 66*Crys Mr. Pe 4510 N< Mound, Minnes Copies to: M 'k-k’k’k’kicifirk'k'kick'ki COUNCIL ACTIC MOTION Cou provid Counci rock i requir You mu permit •k’k'k'k'kie'kick'k'k'k’k'k'. DEADLI^ fc XX fc WORK PI work. VARIANC Do not CONDITl or on c PRELIM] and/or Adminis FINAL S and all record! Certif: contact Page 24 nONAL USE PERMIT North Shore Drive inued) )IVISION > Bohns Point Road L jq Hannah :# . .-^ _k %»#r. . # :JUJk* . *!y* CITY of ORONO Post orrice Box 66•Crystal Bay. Minnesota 55323 •Municipal Offices Telephone 473-7357 TO* Switenki 4510 North Shore Drive Mound, Minnesota 55364 r> j 4. , MCWD - Holmquist Copies to: pj,j, . Lokkesmoe Mr. Thomas Jacobs Control No. ^69 Meeting Date 7-?ft~»n Notice Date 7r30-80 Variance Conditional Use Permit Subdivision, Preliminary Subdivision, Final k ■■■ '■.■ ■ x' ********************************************************‘*************************** COUNCIL ACTION Vote: _5_ For _J)_ Against _ _Abstention MOTION Council approved vour request for installation of a seawall provided it is faced with natural stone rip rap on the lake side._ _ _ _ _ _ Council specifically noted that after seawall installation, but before rock installation, you could return with a request to reconsider the 0 requirement for rock. You must acquire a building permit from the City inspector, and seawall permits from DNR and MCWD. DEADLINE DATE_ _ _ _ _ _July 28, 1981_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). XX for Work Permit application for work to begin XX for work to be completed XX Dntinued) WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above, PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval, uontact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. 569 te e 7 t30-80 cice tional Use Permit s^islon. Preliminary v^ision. Final •k'k'k'frk’irkif'fc'frkic'frk’k'fc'trk'k’k n seawall_ _ _ _ _ _ _ _ _ lake side. ion, but before econsider the tor, and seawall VV>: . ;>v- i - :'kick'k'kirk'k'kicit'k-k'k'k"/cirkirk- be considered s not provided). or work to be ompleted before beginning iroved plans. »ar after approval, lip or use, .de all information let Zoning igs, resolution Lcation of such i>e obtained by from meeting date. L'i-'fSEf F mm Wr-'.hs;. J-S''s* TO: FROM; DATE: SUBJECT; Planning Commission Jeanne A. Mabusth, Zoning Administrator July 14, 1983 #761 Douglas H. Smith, 3237 Casco Circle Lot Area & Lot Width Zoning District - Application - a) LR-IC Lot Area Required Required Existing Variance Variance Lot Width Required • Required Existing Variance Variance = 21,780 sf (100% Required) = 17,424 sf (80% Required) = 16,748 sf or 77% = 5,032 sf or 23% (100% required) r= 676 sf or 3.9% (80% required) 100* 80' 55' 45' 25' (100% Required) (80% Required) or 45% (100% Required) or 31% (80% Required) This aoplication was accepted on the basis that the lot of separate record did not meet 80% of the lot standards required for the LR-IC zoning district. In reviewing the site and the existing improvements on Lot 18, one cannot help but notice a previous use/ownership connection between combined Lots 16 and 17 to the immediate north. The lot is still maintained as part of the yard. I reviewed the tax roles back to 1979 and found that Douglas Smith is the owner of Lot 18. The applicant/owner confirms the sale in 1977. I checked the tax files on Lots 16 and 17 and found the enclosed deed for the sale of all three lots to J. Richard Tuthill in June of 1971. Planning Commission has the following options in review of this application; 1) To table pending resolution of common ownership question - I'm sure we'll have an unhappy applicant as he is ready to build. Please note that in his addendum to the application, he openly reveals that Lot 18 was separated from Lots 16 and 17 in 1977. The LR-IC zoning district was created in 1967. The applicant has demonstrated complete openness in his responses to the information sought in the application. Once again review enclosed Ordinances 31.201 and 31.202. Our applicant could not understand why he had to apply for a variance because he did not meet the 80% standard. The common ownership question will compound that difficulty even more. Hopefully, I will get the opportunity to explain the common ownership issue prior to the meeting. i;-i• • - ■ -> =ii -^; «i .-,.C4!? ,!*T^ - Variance - lired) Lred) )% required) )% required) quired) uired) he lot of ards required site and the but notice a d Lots 16 and tained as part 79 and found pplicant/owner es on Lots e of all , Planning this rship applicant in his eals that n 1977. 967. The ss in his Ordinances >t ince The lat jet the Lp issue mm m-' #761 Douglas Smith 3237 Casco Circle Variance Page 2 To act on the variance application for a lot of separate record per the staff survey o vacant lalceshore lots held either in common ownership or separate ownership based on the following findings: Staff accepted the application believing it was merely for a lot area and width variance. b) The proposed development of Lot 18 as a single residential unit is consistent with surrounding pattern of neighborhood development. c) The proposed application does not require any variances. d) Existing garage should be noted as a non- conforming structure and subject to all pertinent ordinances. A. To deny the lot area and lot width variance application finding Lot 18, originally held in common ownership with Lots 16 and 17 prior to 1971, .does not meet the required 100% of all lot standards of the LR-IC zoning district. This is a difficult one for both staff and Planning Commission. I would strongly suggest you go with Option 1 and push for resolution of the common ownership issue. f 1 ,.;V ■ 'r ■%' mi propel and h possit Lot 1 compr : to me ordin< lake, achie^ 11. 1 from ; preve use ' plain resid shown ample viola sewer has t has a taxes of $f the < denia would by tl Simil subdi lakef owner 3fe in D Commission, ush for , >,. f .'1 r Pi* . r[#<',i Av* SUPPLEMENT TO ZONING VARIANCE APPLICATION CITY OF QRONO 10. Describe unusual property conditions preventing compliance with zoning code requirements: The only thing truly unusual about the parcel in question/ Lot 18/ Spring Park/ is that it remains unimproved. ® feet long by 54.36 feet wide. In area, the lot appears to be Although some of the lots in those subdivisions, such ** and 17 of Spring Park, have been conform with the current zoning ir terms many other lots, such as Lot 19 to tne immediate south J?' are of similar dimensions and have been improved. ^5® properties to the immediate north and south are both improved, and held by others, compliance witn the zoning c<^e is not possible by ^combining the^^lot with the other l°ts, and, although lot 18 was severed in 1977 from Lots 16 and 17, those lots comprised a conforming lot which does not require Lot 18 in order to meet the area and width requirements of the Orono ordinance. Since the lot is bordered by Central Avenue and the lake, no expansion of the lot is possible in those direction to achieve compliance with the area requirements of the zoning code. « 11. Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations. In this case/ strict enforcement of zoning regulations prevents the landowner from putting this land to any beneficial ample single family home can be constructed on the lot without violating the zoning district setback requirements. Municipal sewer and water is readily available, and indeed, the property has been assessed for those improvements. has at all times been taxed as an individual buildable lu^ For taxes payable in 1983, the property was taxed of $56,900, up from $49,000 for taxes payable in 1982. Plainly, the only reasonable use for this property is as Proposed. A denial of the requested area and width variances, therefore, would prohibit any beneficial use of this lot whatsoever. Moreover, the physical buildability of the lot is emphasi^d bv the similar construction common throughout the neighborno^. Similar houses on similar lots are common throughout the two subdivisions mentioned above, as well as lakefront. Unlike those property owners, however, this property owner will suffer the undue and unique hardship of owning a 1 ^. fe r mm similar enforcen district I i recognit City of is, asi< perfect! the nei< in forb; .12. De; and on Th' should neighbo water c on the conform No mat' anticip home a< sum, tc are to distric result. ;r ,i;i -1 063 !i 4 CITY OFQRQNO liance questionr 18 is 300 ars to be contained ring Park Yt if not ars to be those two improvmed• as Lot 16 Lots which id zoning, of Lot 18 f Since the improved, le is not , although those lots 8 in order >no zoning ue and the ections to ling code. r resulting regulations beneficial Lot 18 is igle family ti that. As ication, an lot without Municipal he property :he property e lot. For larket value ► . Plainly, roposed. A therefore, er. s emphasized eighborhood. 3ut the two i along the his property 3f owning a N .rf r y.: my hi ■ I 'mm 'i ‘- ■ '[ mm SiV.*. ;us disttict.^^ believe that similar variances have bwn recognit^n of tMs^^Vnd*given *^the fact that Lot 18 in forbidding any reasonable use or Lot is. ,12. Describe effect of proposed work on neighboring properties and on the neighborhood in general: The proposed construction of a single family *'?“« ]:® should have ^ no adverse consequences for the ®5nrftoorties The lot is served by municipal sewer and water connections. No drainage problems, to «ticintted fro“ the proposed construction, nor will the proposed avo to Dreserve and protect the residential character or listrictrthrproposed variances promote rather than threaten that result. N ^ ■ 1^y i. y ,w - . ■ miy W. i vV:;.- .J 'M m •» Tf. inin ^ iH M Q. • UJ O O HI lii tt £ UJ in >•in o M < K r inae M o -J Urn z in M QC UJ I- Z q: o UJ Q. >- O »- oc ct GL UJ CL i M O. 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Mz m o CM u I in < r-l U rH I O CM m CM CO m in o in in o o QC CL < < X Xu u M M QC QC UJ -J rHu o QC in M in u in X X in in Ul UJ X X < < 3 3 ou 2! m z 'J* o CM QC in o UJ QC < ID UJ QC QC X Q O < QC O o S ?S aQC 3 < Za o H h strict s zoning anted in o£ the it Lot 18 ,ng code^ iling in ily harsh roperties >n Lot 18 rhood or sewer and je, exist in exact operties. » can be proposed io^« In ordinances : of this iaten that •H Ul O to O o M or q: -J fo ^ u n n O 10 ^ ^ ^ ro o Z Z M <vf U Ul lii uI (O M M< r z o r4 U Ui UJ Ur4 a tt to Ci lO U < Kl < ^ 10 N_ CM U ro >- CO m ^ ^Kl O O -> K> to CM Z to 5 Ul lo ^ M QC «n o § 5 o pH pH I 00 = 85 U U O (O <n in < ^ < < >- o Hu u tt ^ lO N COto Ul Ul Ul flO to > X Z O pH < fO 2 •:.-v —rS>I.J [W]»• . t .' I*Sii 1 jC \s C7> O G:: CZJ ___o [Ulf]1 1 ■ [1^0, ___!—^ o O o tH u H •< CD O H iiiS Z Z H Q. O tt M. L L tm F.. 't::.W- r r r ■^•*i Ei8Bie-:-uJ.i L\ UM \. -'^ fW X • >•-.1 ' i- v.V r<:v;-s fc-;- '[^'-'i ./r b3 V. .< C«rtiflcate of Survoy for Thoms B. Johnson of Lot 18y Spring Park Hennepin County, Minnesota V-■ f -s I hereby certify that this is a true and correct repre sentation of a survey of the boundaries of Lot 18, Spring Park, the location of all existing buildings thereon, and the proposed location of a proposed building. It does not pur port to show other improvements or encroachments. b - I 1983 flTY Or ,‘RONO 1« = 40' 6-17-83 Iron marker GORDON H. COFFIN CO., INC. Gordon R. Coffin Reg. No, 6064 Ftark S. Grcnberg Reg. .No, 12755 Land Surveyors and Planners Long LoKe, Minnesota .r'V ■>^71 rr the r utili that affec are m> (Ord. r 's ,1 k;: V-' /•■■. •" *H'''v^qL' ;ify that thla sorrect rapre- irvey of the I, Spring Park, Lstlng buildings ted location of '.t does not pur- •ovements or C. i. No, 6064 S. No.12755 lers ■« i T 'it", i. is- % w Im i- f' • 1-^ 1^ ¥ .!i ■vyp*v ■ • ~ K**: ■ * " '“o" upon the requirements of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are met: 1/31.202. In "R" Districts of One Acre or Less and V7ith Public Sanitary SeveFT A lot of record existing upon the effective date of this Zoning Code in any "R" District of the City of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this Zoning Code as to area or width only, may be utilized for single family detached dwelling purposes without Council approval if the area.measurements and width of that lot are within 80 percent of the requirements of this Zoning Code. ’However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this Zoning Code. 31.203. In ”R*' Districts of Greater Than One Acre. A lot of record in any ”R" District in the City in excess of one acre, which does not meet the requirements of this Zoning Code as to area or width only, may be utilized for single fairiily detached dwelling purposes if the Council finds: (1) it is at least one acre in size, and the average width of the lot is at least 100 feet; and (2) it is either served by public sanitary sewer or meets all the septic system require ments of the City or other governmental body; and (3) it otherwise meets the requirements of this or other applicable ordinances. (Ord. 172, 12-19-74, effective 1-1-75) •■V ■ V V ^ .......................... ^ ' V ■ V ^v-'. nq upon * Code) under does not meet .dth may be >se provided >t adversely [uirements id VJith j upon acre, md ling :or : Council ihat lot LS Zoning lore more :e a lot :re. A lot :ess of )f this Llized the :he Jet; ce- 5y; f this FROM: DATE; .oriiu-i' . jUL'A x JC Planning Commission Jeanne A. Mabusth July 13, 1983 SUBJECT: #762 Thomas Corson, 4195 Highwood Road - Variance 1 .t ^ Area - 33,iJ25 sf or .77 acres Application — Variance — Street Setback Required = 35' Existing = 9.6' Proposed = 9.6' Variance =25.4' or 71% Mr.'Corson must replace his existing garage with a 24' x 32' detached garage. His application asks that placed a ® same 9.6' street setback. He quotes his hardships as the slope to the very immediate south of the proposed garage and location of a mature oak and several other small trees. The proposed location will also permit the use of the existing gravel turnaround and cut down on the hardcover. Yes, the doors face away from the street. STAFF RECOMMENDATION To approve the street setback variance application of Thomas Corson to permit the construction of a 32' x 24' detached garage based on the following findings and hardships; 1) Slope of land to south of proposed garage. 2) Location of a mature oak and several small trees. The proposed setback will allow use of existing gravel turnaround and cut down on additional hardcover. Approval is subject to the following conditions: 1) Doors of garage must face away from the street. 2) Turnaround co be maintained on the site - no backing out onto Highwood Road. IBM!.. T-fli - nance r X 32' aced at the s the slope id the ?;s. The isting s, the f Thomas ached garage .ng iet. > _/ . TMi^ / X ^ //^ _"T^^._ _ _ _ _ _ _ _ _ _ _ _ _^ /l)(Cc^'-r/) To 7^^ /?/?»/c.^r^^^r/ 9 'Mma: y* "T //^ r •i-'- -I’. c i:*k mm\M. 1 t! -51963 ;l OF ORONO , 1^ jj ' ,'i ■■ i^' -rv Ih •n rl M GL • Uigo CL h- ocs t&i q: 1^ CM J1E O r-« fO cn Kl CM a (Oo <n <in a <n <f in in r-C X o H in Ui h* M 2^z q: CM in M rM -I < fn CL IL CM X c^ooo KV 4* in < fO CM I •H rC IL ino in in <in CL in *T in m o H in X in o UI K M ;Sl S S^zM ^ £ K CM in M M ^ < »n a U. 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CM X CM CM O O O CL ^ O ^ O Kl 3 CM X I ID M H X f-l I 1^ o in C" rH CO ^ Kl O < O ^ X DC £ O Kl in o in <03 U X ^ g“g£ in X _^ g X in X0 0^0 X *H aP ^ o q:CL UI II ao IK O UI < V s < M a X!S< X H M> CM O O O CK CL UJ CL ^ p i^S CM X I CD h* M rC X r-l Ir< o ^ iH CO Kl O Kl sr Kl in UI in _ > o ^ a > o ^«« UI o CO in ^ «>- g g < DC H CD UJ in UI CD O X ^ CL X UJ r- M CD X iH X in CM o o o q: ^ Q I O UJ M X • < O CM CL CO •H < CO ^ Kl O CL O ^ CL O Kl o m o in >- o X UI M X X X _ CM CO 52 UJ o X < CL O S3 >- s CLUI a X o Z >S 5eis^ CM O CL .*N iH CLID CO CM o CL in g a O I- CM o o O CL I > UJ Kl cr Kl in ^ e^8 Kl 3 CM X I ID M rC X r-l I e M> H UI CL53 “£ X . >UI o h* CL -I UJ 0 < CL UJ < ^n 8 OH UJin Si M X P 5 o X CLo CL a U' < >• s CL - s “g 0. _ ;< < < X H I rnsmmsm^ Cf;rtiflcatc of Survey for Thonus R. Corson of Lots 26-28, Hioh wood Lake Kinnotonka ilennepin County, Kinnesota ©HOWgfi^ JUL-51983 CITY OF ORONO J±-/.X it \ 1; ■5' I hereby certify that this is a true '-.nO 'orr'/ct rcprecent*!tic:Ti of 3 sun/ey of tho lx'und.:rii:s of L>ctG 2*: , 27, arid 28, HifV:wood Lake Minno tcr.k.', and fr.-* location of all e/i:;tim' s.ulIdirip:- *hcroor.. It docs not purport show other im- tirovements or encroachrnents . GORDON R. COFFIN CC., INC. Gordon R. Coffin Rer. Nc-. 6064 Mark 5. Gronberg Reg. No.127^5 Land Sur'/oyorc and Planners Lc n g L ti k'i, K i nrlO sc ta Seale:1" =40' Date :1CNi1o•33 •Irr n murker c :I ren murker U-' tonka [lOdOWd ja -51983 CITY OF ORONO t this is a r^*3ent«i ticn und.irics of tiU;;:unod Lake r<it,ior. of all roor. It u other im- cints. I NT. cr, No. 60 d4 e^, No.l27S5 anncru oivnd tet FROM: DATE: Planning Conmiission Jeanne A. Mabusth July 14, 1983 SUBJECT: #763 Milton Seifert, 1856 Shadywood Road - Variance Zoning District - LR-IC Application - Variance to extend deadline date for removal of lakeside cabin by July 1, 1983, per Resolution No. 1165 BRIEF REVIEW OF APPLICATION #548 Dr. Seifert proposed several improvements to his principal residence at his Shadywood residence. That same residential lot contains three other residential units (yearround cabin rentals). Review the enclosed survey of the property. Seifert proposed a 14' x 21' addition to the lakeside of his residence and the removal of existing hardcover to offset the increase in hardcover. The City was more concerned with addressing the issue of the four residences on .507 acres in area. Resolution #1165 clearly defines the issues involved in that review. The lakeside cabin was to be removed by July 1, 1983, and cabins off Shadywood by July 1, 1990. CURRENT APPLICATION Planning Commission is asked to make a recommendation concerning the current petition of Dr. and Mrs. Seifert requesting an extension for the removal of the lakeshore cabin to July 1, 1986. If Planning Commission recommends approval of the Seifert petition, please cite findings that do not pertain to financial hardships of the petitioners. In addition, the applicants should be asked to file a conditional use permit for the continuation of the non-conforming use beyond the July 1, 1983, deadline. If Planning Commision denies the petition your denial may be based on the fact that there is no change in the findings or facts as setforth in resolution #1165 nor does the recent petition contain acceptable hardships to approve the variances. •• V y\ . 9 fe:' ■ -■ •■V‘■ & •' ii 'V ' I <. A ■•:• <c' pni]z i o Q^ CZI CO O 1 lx.o® [W 0 1r£ cx^ IV * ■ vT.,» • . ' ^jVf /." 4? •r* < X eO ^ O U O K O UJO -J ^ O 9^ ^ O <CM Q H M lA 3 S Sro >- So CM g •- < aI ^ QC to !Z <n o «• o -< ® z X ^ K H * S H ^ O 0> Ul < «a Z O M CO S ~ 3 •M O *7 O -< * CZD ® CD CD i> =& O ocro o /—\ o oo h*oo u K <m a H UJ tt K C Oo < tt g O Z UJ < < ^ tt << UJ Q. UJ a r Si<ztt O H asv ^ H Z (A tt^5s: UJ UJ O tt tt tt < tt tt o O U.id H O ►- ^ . z >-A UJ <n z CO < ^ ial \ lU ^ tt Z H ^scTN tt O tt UJ M <• _ \ \ tai5 C ■ TO: Honorable Mary Butler Mayor, City of Orono UlMl JU.-7 IIY OF ORONO Orono City Council Orono City Planning Commission STATEMENT OP DORIANNE SEIFERT AND MILTON SEIFERT SHOWING UNIQUE CIRCUMSTANCES AND HARDSHIP IN SUPPORT OF A REQUEST FOR EXTENSION OF VARIANCE REQUEST We submit this statement in support of our request for a three year extension in complying with Resolution No. 1165 granted September 29, I960. BACKGROUND At the time we signed the Resolution we had every intention of abiding by it, even though we felt we had no due to the following circumstances: We had decided to add on to our house. We checked with the City (Jean Mabusth) explained the multiple dwellings on our property and asked if that would be a problem. We were told that the City %#ould not make us tear anything down but that we would have to comply with the hard-cover ordinance. Our architect and Milton Seifert had multiple visits to the City offices and followed all the directions. Several thousand dollars were put into plans and related expenses in reliance upon the directions we received. In April 1980 we appeared before the Planning Commission. Previous issues were dropped and new ones were raised right there—totally unexpectedly. When Dr. Seifert A.U ^ stated that he would not be able to comply with the demands and would not proceed with the addition to the house one of the members said: Now that we know about you, we will not forget. This was taken as a not-too-veiled threat of action our property. Being made by a member of the City Council at one of the later of our meetings, it was taken seriously. i liss Mite?®; wmt ■ III I —I imission iEIPERT AND MILTON SEIFERT 'ANCES AND HARDSHIP IN SUPPORT ilON OF VARIANCE iQUEST it in support of our request n complying with Resolution 9, 1980. GROUND he Resolution we had every even though we felt we had no wing circumstances: n to our house. We checked usth) explained the multiple ty and asked if that would be d that the City would not make ut that we would have to comply inance. n Seifert had multiple visits followed all the directions, s were put into plans and related on the directions we received. ed before the Planning Commission, opped and new ones were raised expectedly. When Dr. Seifert k#ould not be able to comply with ot proceed with the addition to nbers said: about you, we will not forget." -too-veiled threat of action Soing made by a member of the :he later of our meetings, it * i f I When we left the meeting my then-attorney. Curt Pearson, said that: "In all the years I have practiced law, I have only been treated as rudely once before—and that was in the 1940 *s by the Minnesota Supreme Court." Only one council member came to view our house. Mary Butler came before the final meeting. She was supportive of our position and just as importantly to us, she was the only member who extended to us common courtesy. Because of the threat and the money that we had already invested, we decided to proceed with our plans. We signed the agreement we were told we had to sign to gain approval. Although we were advised that the agreement was probably not legal because we had been misled and because of the coercion and that' we could probably fight it successfully in court, we chose not to do that. We did not want to fight. We just wanted to put on our addition and live peaceably in our community. We fully expected that we would be able to comply within the three years. HARDSHIP However, in the past three years the following changes have taken place in our lives: Dr. Seifert has become a principal Investigator on a major national medical research project founded by the Family Health Foundation of America. The program is receiving national and local attention and is requiring an extensive commitment of time, taking away from the income-producing hours available. Even though there is a yearly grant of $12,000 to cover travel, research and time devoted to the project, the net result has been a d5.minution of time available to his medical practice. Dr. Seifert's net monthly income from his practice is $2,308.90. Out of this, $1,385 is paid, pursuant to Court Order, for child support, alimony and debts and insurances from his previous marriage. He is also responsible for medical and dental expenses and is voluntarily assisting 4 children who are all in college. m mmtail I -rk m ratox ;t America. I attention f time, I available. *000 to the Lon of >ractice , pursuant and riage. bal expenses > are all Resolution, Mrs. Seifert was an teacher earning $20,000 gross a year. the Seifirs and Mrs! chlfdf^ career to raise their 4) Property taxes have escalated, making the rental o2S«%;;en“2!^ ^"«ease and ^♦:«°»-5.000 to take down the building, cash Which jis not available at the present time. HARDSHIP ON THE TENANT The tenant has been living in the unit for 4 years at a very favorable rent of $250 per month, if he were forced to move, it would be an expense for him at a very inopportune time. NO ADVERSE EFFECTS The property in question has been rented since 1959 Without any difficulties. Tenants have been long- lasting and responsible. But for the addition to the ' house, this situation would have continued without causing any adverse effects on the City. CONCLUSION In view of the circumstances outlined above, it is respectfully requested that a three-year extension be granted. t This request is being made because we have been informed that there has been a turn-over in the composition of both the commission and the Council which has resulted in city bodies Which are much more responsive to the community and to the people who live in it than that which prevailed before. i'-U'-Ky: .* I . V' , RMpectfully, Dorianne Seifert Milton Seifert ras ear. [rs. r tal and tiilding, ne. rs re ?ry City of ORONO resolution of the city council NO. ------------- resolution and agreement relating to the granting of variances to property owned by dr. and MRS. MILTON SEIFERT WHEREAS, Dr. and Mrs. Milton Seifert located in the City of Orono and legally described as follows: Lot 26 and Northerly 15 feet of Lot 27, Shadywood'Addition, Hennepin County, Minnesota (hereinafter property); and property to one single family dwelling. WHEREAS said property is .507 acres in area, has r.niv ao feet in lot width on Lake Minnetonka, and there is ^hrorlperty already one principal residential dwelling and tLir?ental dwellings for a net density of approx- imately 7.89 units per acre, and whereas, Dr. and Mrs. Seifert have several variances and/or several variances are necessary from the Orono Municipal Code in order for of any addition to any of the structures on said property. NOV>J, THEREFORE, the City Council of the City of Orono makes the following findings of fact: not have\hfoL-hitf'’acrrminimu^“lot^stzffor each structure and the lOQ foot minimum lot width requirement. 2. That said property and the vise thereof does not comolv with the Orono Municipal Code in that there is one principal dwelling and three rental dwellings on said property. 3 That the use of the property for one principal Seifert or his predecessor in title. PAGE l_OF_5 . . ...-ISi;- yiii mm if-:'-' '■ I-' ' ' i t t 4.. 4 .4:.: I. ^9 i V- wer< 1941 vii: den' res: of < acr< proj in ^ the non- has sine pro{ ing beer §31. grar stru an e of t rent from Oron be g use Stan the wouli ther to ri lish :ty use ze of Lake said has ire is tiling )X- r sary ruction perty , of Orono it does structure es not s one d property tcipal [ling use f S32.250 by Dr. ■■ i 9i Bmm 4 mW'y mk ^u‘:- ■'imi , i* •X m 4. Dr. Seifert has stated that the four dwellings were built and have been occupied continuously since before 1949. 5. The first zoning of this property.by the then Village of Orono in 1950, established this area as a "resi dential" district but did not limit the use to "single faunily residential uses. The 1967. ordinance adopted by the Village of Orono established the R-lD single family residential half acre district which imposed requirements upon the use of the property similar to the LR-lC use district which was adopted in 1974. Therefore, as of September 14, 1967, if not before, the multiple use of the property and the property itself was non-conforming. The city has no record of and Dr. Seifert has not applied for any occupancy certificate at any time since this provision was added to the Municipal Code. 6. The expansion of the principal building on said property as proposed constitutes an expansion of a non-conform ing use and for which 'use a certificate of occupancy has not been granted. Such expansion is specifically prohibited by §31.109 of the Orono Municipal Code. The city has never granted a variance to that section of the Municipal Code. 7. An additional variance is necessary for the con struction of the proposed addition in that there is already an excessive amount of hardcover on said property in violation of the municipal ordinance. 8. Said property is also non-conforming in that the rental unit adjacent, to the lake is approximately 16 feet from the shoreline and the Municipal Code of the City of Orono requires a setback of 75 feet. 9. The granting of any variance normally would not* be granted to allow for yet another intensification of the use of a substandard lot because such intensification is; A. Adverse to the comprehensive plan of the city; B. In conflict with the specific performance standards of the Zoning Code; C. In conflict with the intents and purposes of the Zoning Code; D. Any expansion to the principal structures would help to delay the time in which the property and use thereof could be made conforming unless the appellant agrees to reduce the non-conforming features of the use. 10. Normally the City Council applies the well-estab lished rule that non-conforming uses are to be restricted -2- .-;rj h Am:Z mm T:m 4--- ‘4 '■ ’I' .■ 'ir ill i .mm. K-t 5^2 ip, ill .,Xf V t. S-! I'-.' •'.f ' I iir. >y* zM ^ y\- !V; . 4 Iw5^^ in sucl being ] use bu: confon will c( be elii owners phase < enforc constr confor ordina a unif tute a to jus discus eventu under allege or mor those unless to pha confor of the of the Counci the un varian condit agreerr the pr hereb^i by sue the e\i are nc sors, uphold appro\ yariar provi.J sepatc and m const! pursut the ri mgs before le family Village ial half- e of the adopted t before, self was time n said on-conform has not ited by ever Code. he con- already violation hat the feet y of ■ --'V ;• • i • . •^ '.7 in such a way so they will be conducive to their ultimately being phased out. An addition to an existing, non-conforming use building, is an expansion or extension of that non- conforming use. Allowing the construction of an addition will considerably lessen the likelihood that it will be eliminated in the foreseeable future unless the property owners agree to restrict the use in the future or agree to phase out* non-conforming uses on the property. Strict enforcement of the ordinance and the prohibition of such construction will enhance the possibility that the conforming use will be eventually phased out and such ordinances are a reasonable means to the end of establishing a uniform residential area. 11. The denial of any variance here would not const! tute a taking of property and there are no unique conditions to justify the granting of a variance except the one to be discussed hereinafter. 12. Dr. Seifert has agreed that his intent is to eventually make the entire use of the property conforming under the present Zoning Code of the city. Dr. Seifert alleges that he cannot afford to agree to eliminate one or more structures on the property or to limit the use of those structures for uses consistent with the Zoning Code, unless he is able to build this addition to the home and to phase out by means of an agreed upon schedule, the non- conforming use of the property. 13. Based upon the above facts and the willingness of the proper,ty owner to remove the non-conforming aspects of the use*, and the agreement contained herein, the City Council finds that on these facts alone, and only because of the unique circumstances involved, the City Council grants variances set forth hereinafter subject to the terms and conditions set forth. Said variance is contingent upon the aqrG0inent by Dr. and Mrs. SGifert and all other ownerS'of the property to the ter'ms hereof. Any variance granted hereby shall not be effective until this agreement is signed by such owners. The City Council specifically'finds that in the event that for any reason the terms of this agreement are not adhered to by Dr. and Mrs. Seifert or their succes sors, or if some court of competent jurisdiction refuses to uphold the terms hereof, the City Council would not have approved this yari^^ice and automatically rescinds such variance. The parties hereto agree as follows; 1. The city grants the variance from the hardcover provisions, minimum lot size provisions, created by four^ sepabete structures on the lot, minimum lot width provision, and use provisions of the Zoning Code to allow for the construction of an addition to the principal structure pursuant to plans and specifications dated 2-29-80 and the revised site .plan dated 3-12-80, now on file with the City. -3- ■-•v'-Vt’4 The a in th attac be re sale the € as oi remo\ the I there asses there in ol proce spec: any < herel and i timately informing aon- aition I property gree to ict such non- ch ablishing ot const! onditions e to be is to orming f ert one use of ;g Code, le and he non- ingness aspects City ecause of grants s and upon the ers* of nted is signed s that in eem^nt • succes- ifuses to : have >uch hardcover >y four provision, : the :ture •<80 and -jith the City. mM The addition is to be constructed on the in the approximate size and location as shown on Exhibit A attached hereto. 2 The lakeside cabin shown on Exhibit A as such shall be remo5;d Dr! Seifert on or before July 1, 1983. or upon Rale or transfer of property, whichever occurs first, the event that the lakefide^cabin is not completely removed as of that time, the city may enter upon aaainst remove the lakeside cabin and assess the cost ther ^ the orooertv to be paid for within one year with an interest thereon at the maximum allowed by law. ® assLsment of the cost thereof, there shall be included therein reasonable attorneys' fees and administrative cos s in obtaining the removal. Dr. Seifert waives any and all procedural and substantive rights to^any notice of the Ipecial assessment, or the removal of the ^ any other matter as may be required by law. “'l hereby releases the city, its agents and employees from any and all liability related thereto. 3. Dr. Seifert agrees that the two rental units cent to Hennepin County Road No. 19 shall cease to be Julv 1 1990, these buildings will not be-rented in any way to Lyone! in any event, tL use of these two structures for rental purposes sihall be terminated as of July 1, ^9??' ,.i- o? upon sale J transfer of the property, or upon Dr. Seifert's no longer being the fee owner thereof, whichever occurs first. % 4. It is the intention of Dr. Seifert that in f^^t all residential use of these two structures be eventually phased out. in paragraphs 2 and 3 above. ^ fi Dr Seifert agrees that no other accessory buildings will be ;rectod on the p?operty except to replace °ne orb^of the^rental units described in paragraph 3 above.jnd th.n^oat^^ .ectbaeko and traffic Dr. propert resolut violati. or assi< of such which si Idition libit A such shall , or upon t. In removed ty and 3f against interest to the aded ve costs nd all the or as to ifert from any lits adja- De used as July 1, >ccept for no hat after any way ctures 1, 1990, •• r. Seifert's curs in fact ntually all rights ir any additional •s and hereby .sions set forth buildings or both of then only i- 4 4i 1 imprSve^f'Sproverhlrlif alcord"'' the parking °"to the orior attached I; Exhibirf 1'"®.'= ^ ">ade prxncrpai residence. ‘=®'^'^^^tcate of occupancy for the reveled the chain’^of^title%o^sald resolution may be filed <n of"|?r^''® ^®®‘tiction pursSf°rto^its\e™‘ constitute Seifert, their heirfrsucc^ss^s fnd®^^ and Mrs. that anyone who takes title +•« ♦->, • assigns, and it is aareed thereof, shall^e blund by t^e ® condltlln wxll provide such notice of same in and that Dr. Seifert subsequent instrument transfer^Lg^^^t^uf" The the property.- - ty . Council on t^''nth''day''orjuly''^r980^ approved by the City O^nays^and^as r^confi^ed C^^un^rfo^lhe^ %"f! ' 1980 by a vote of _X"ayes and'^'nays. /a A \ Wiiixoiu il. i/an Nest, Mayo/' ATTEST: * * • . .1; , m ill ■ v-,.;.;: 'X W. ^y.yyy-'- yS and Mrs, Seifer-*- u • property, agree to be bound^bv^4-h^^*.^°^® owners of the above ix®l?atf°" forth aSove'^anS havrb agreeme^^andViolation of the terms hereof bv Dr that any of sulh^violatioi a niisdemeanor^aAd^each^d^^' successors,which «!haii shall constitute a spnp*ra*-^° each day of occurrence h shall be punishable as provided "^^^demeanor, all of Dr wrlLon Seifert w ;::•» • ! . • .-V ; Mi ■ ; Mrs. Milton Seifert wmm .'•• •■ Xv x-r-.. b*!S' : WR’i>ili,yIbS' »B;P» ymm .asi ■4^ ■•Ti ■W ■p..'4' y- y ?■ -mmsy ummm X . vvyssx- T- ; -t V ii "MMfm 4 'MM7iM iiiili mmrn&k i construction ^ed herein, rking area width of the g onto the will be made 11 be completed the remodeled tiled in *■1 constitute future use , and Mrs. • is agreed >ndition t Dr. Seifert eement or property. ty the City 5 ayes and day O nays. TO: FROM: DATE: SUBJE Exhj Exh: Exh: Exh; Exh Exh Exh Exh I I- hof prc uni Re'' im] Un: fr< ca; Th ?■ d before me I — kimnisota IN COUNTY Au9. W. TO: FROM: Planning Commission Jeanne A. Mabusth, Zoning Administrator DATE: July 15, 1983 SUBJECT: U r- - •-.1 rhiiri-h 2420 Dunwoody Avenue tlrlance''f Co!Sirional Use p4rs.it - Work Session A) Variance Allowed = Existing Proposed Variance - Hardcover 41,481 sf or 35% = 34,490 sf or 29% = 74,420 sf or 63% = 32,939 sf or 28% Expfnslrof^rse'^u^fb; ?lvi::el%rCoun4i?!-'°‘’ t.tsT of exhibit_s Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Plat Map . ^rs&nies -^proving original, conditional use permit site Plan for 1978 review Planners Review Site Plan Sketch of Addition flrainaae control Engineer's report of (7_i-83)Letter from Palter Roger A Creamer (7 Engineer's Report (6-29-83) X have sent out the -tices to the «t" ^?rnninrco::^itss?on Tannot act on the application |^?U ail «views and reports are completed. Review Exhibit F. The Pl-r'^lL^I^'thri^ger'sanrtS^?"^ improvement and the ® x^e^the exact size of the s mctuary Unfortuanately, I cannot det .. . 8,504 sf with a seating from the reduced plans. stalls (4 seats to 1 stall),capacity of 524. Code requires 131 stalls This is provided. iill * v '* • •*. Sch and to of cou the re\ The The cor we of be pux as]< to The ret renue Lon 100 .tional L B3) k session n this .cation oposed uary. :he sanctuary I a seating ) 1 stall). ■ r-M V.. I — . oil. um I Page 2 Schoell and Madson has provided the necessary drainage calculations and has determined the storage requirement after development to be 5,040 cubic feet. Based on the allowable discharge rate of 9.3 cubic feet, they have determined that a retention pond could be located on the site to contain the runoff. I question the use of a pipe to carry off the runoff• The City in previous j^eviews has always required runoff drain over a grassed area. The City Engineer will review and report by your action meeting. The hardcover variance is excessive. The retention pond will control runoff but what of the quality! Previous to this review, we were advised that the church was considering the purchase of residential property to the immediate south. We should be advised of the status of the purchase. If the church cannot purchase the property now Planning Commission may consider asking the applicant to obtain an option on the land as a means to alleviate the excessive hardcover resulting from the improvement. The applicant must obtain a permit from the M.C.W.D. for the retention pond. mmm .. . ,u.i- -A •V^ nage calculations evelopment scharge rate ention pond f. I question ty in previou rassed area, ction meeting. m n pond will to this review, e purchase ^e should church cannot consider ind as a means >m the improvement. 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Co.j 440.tr mn)•w (i)1 1 (u»3<l S 3' q i am»rt'ri~^T ^ r“~T7*>i9V7e9£^— ?«i n r(>^' 3 /^C ____ --1 I»^• _________, iV) ^ 7^ Z^4 ^.v3 /^*r ■-, > ■; '.; /(M 03 ~ TfO yV^S U #^:l •5 ••J-' if-t- r. i ■ .-f \ kl \(^- \M\ II IS o N H-3§,;V i' • fiTI WHI organize WHE zoning r of land WHE a Condit of owner 2420 Dun Calvary i whe; of using and for j WHEI 34.020, : and schoc districts NOW, the City Permit fo condition 1. ’ Z . • mtm I—.- RESOLUTION NO. 886 D A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CALVARY MEMORIAL CHURCH the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and orUnd ’^wftiifthe CUyfanr*'"’'^''’ .. and for parochial school classes and related functions; and 34 O2o"'^^^09iCode, Sections 34.530, rt. BE IT RESOLVED, that the City Council of Pemilt*^fn^ hereby approves a Conditional Use co^itiOTS-^^'^^’^^ Memorial Church subject to the following and building shall be used for church and/or school functions as allowed by the Orono Zoning Code Sections 34.021 and 34.022. a = '’® provided for off-street parking for any reason! on-street parking allowed *’® subject to review Use Pemlt a’’ amendment of this Conditionalmit, and such future expansion may be limited in «2t.wuS, this*^CoLl^y"'^i f,®®®"'®® the right to review and amend J “®® Permit upon due cause, including receipt of complaints from nearby neighbors. ■?•■«■ s i'-"wm Dated th ■ V : -.. ATTEST: Walter R D lesota; and Jopted ilopment :ion for ransfer ling at to s tions d 30. ch ning of L Use S Lng allowed riew onal I m t-7.r V.iK^ . : :•>ky -:y:4 rS#'*-’ y/:' • I my 1 V *.| HI Calvary Memorial Church shall review and approve of this resolution, which approval shall be indicated by the endorsement of au authorized representative hereon, and shall cause an original copy of this resolution to be filed in the chain of title of the property within thirty (30) days of the approval of this resolution by the City Council, or of the closing date of the church purchase of the property, which ever is later. AGREED: Dated this day of March 19 78 . Walter B. Massengale, Acting Mayor ATTEST; Walter R. Berfson, Clerk/Administrator ■yyymi Hi mm ■“SF-tr i ii' of this the n, and o be filed ty (30) ty Council, the property. • v'* »78 . Acting Mayor s, !•’ I N’t* w w mv I& TiT • . ' •.) 'fcisa f r:-:-v;,W 7 .' ,:i •S5. ^ il ^t • •♦ • -> /-AS^ ?r. Hi Hl!li'*i‘'l’ • .*.•, o*v•• a*y • • fc:; !• 5 r(r- r-fs a 1 tI f 1 1 s 1 ’ i i 4 J iA 8 ! u i <! s 1 i 5i 1 l\i 1 1 1 1 ;7'^ tr ■S' ’’ ■ .-i'j . ■^:- ■4: ■'. ■ k mm fi %. 1 July • Calvary 2420 Duj Vayzata Re: Pro' Gentlem* At'tachet sanctua; DiscusS' not be i From ou school ; is now . areas v for a p as addl Sundays As show the ava provide 524. T meets t The add 'those o pleasin in rela area fo play eq on the protect are sev be prov IIJ S. a•jS m *5 T 4 . ^ i # -M 0* 1tfi wianil a. ' Ml •I'iiU n r ( t • f • • iJ i!a ^ 5 i 5 3 ‘i i1 ^11 f 5 { I DESIGN TWO, INC. ARCHITECTS T 04 684 EXCELSIOR BOULEVARD • SUITE 1 • EXCELSIOR. MINNESOTA 55331 • 612/474-3291 1 July 1983 Calvary Memorial Church 2420 Dunwoody Avenue Wayzata, MN 55391 JUL -61983 _________j; yj CITY OF ORf 'NO Re; Proposed Sanctuary Addition Gentlemen: Attached please find several documents relating to the addition of a new sanctuary to you existing building. They include: 1. Existing Site Plan 2. Proposed Site Plan 3. Sketch of proposed addition 4. Engineer's report of site drainage control Discussed further in this letter are several aspects of the .proposeal that may not be apparent from the drawings. From our discussions* Calvary Memorial will continue to operate its elementary school program in addition to its regular church functions. The school program is now and is expected to be adequately served by the number of classrooms and areas within the existing building. The Churdi, however, anticipates the need for a proper sanctuary to seat a congregation of up to 600 parishoners as well as additional adult conferencing areas for the regular church functions on Sundays. These would be provided in the addition to the existing building. As shown on the Proposed Site Plan, such an addition is limited in size due to the available site area within the building setback lines. It is possible to provide I3I parking spaces on site, allowing a sanctuary seating capacity of 524* This ratio of 1 parking space for every 4 seats in the main assembly hall meets the city zoning ordinance requirements. The addition is expected to be constructed of exterior materials similar to those of the existing building such that it "ties in" visually and gives a pleasing architectural appearance. The sketch shows how the addition may look in relation to the existing building. The s-te would Include an outside play area for the elementary school children with swing sets, sand box, and other play equipment similar to those now used. The new play area would be located on the County Road 15 side of the site, as is the existing play area, but is protected from roadway hazard by the existing chain link fence. Although there are several trees now on the site, additional landscaping and plantings would be provided to help screen the parking area. 'i'- ■ ■ '■y-Mmmm Calvary Memor By providing hardcover are most of the e shoreline, tt The existing site area. 1 the site aree must be obtal Site c Buildj Parkii Total Hardc( The primary ( the site run< land use may Minnetonka." reviewed the report utili: calculating ( shown on the providing su< the storm wa' We hope this describe the information, Beet Regards Bert Haglund Enclosures ^ 612/474-3291 :3 3 3 i; ^ I'"! i new that may elementary )ol program srooms and 3 the need rs as well 3ns on Llding. Lze due to Bsible to acity of Bembly hall ilar to Ives a n may look side play nd other e located , but is hough there ngs would 3AV A( Calvary Mettorlal Church Page 2 By providing the building addition and required parking, the total site hardcover area is increased beyond what is allowed by the ordinance* Because most of the site is between 500 and 1000 feet from the Uke Minnetonka shoreline, the ordinance limits the site hardcover to 35Z of the site area. The existing building and parking area shows a site hardcover of 29% of the Bite area# The proposed building and parking shows a site hardcover of 63% of the site area. Since this exceeds the allowable, a variance to the ordinance must be obtained. Refer to the following figures: Existing Proposed Site area 118,518 sq ft 18,518 sq ft Building area Parking cu*ea Total hardcover area 16,865 sq ft 17.631 sq ft 34,496 sq ft 25,369 sq ft 49.051 sq ft 74,420 sq ft Hardcover percentage 29%63% The primary concern as regards hardcover area is the quantity and quality of the site runoff during rainstorms. The ordinance states that "the proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka." To address this concern, Schoell 6 Madson, Inc>. engineers have reviewed the Proposed Site Plan and have prepared the enclosed report. The report utilizes Minnehaha Creek Watershed District guidelines and standards in calculating drainage requirements. Drainage control includes the ponding area shown on the Proposed Site Plan with the baffled outlet structure. By providing such a ponding area euid baffled outlet, the quantity and quality of the storm water runoff is kept within accepted' standards. We hope this information, along with the attached documents, is adequate to describe the proposal. If you should have any questions or need further information, please do not hesitate to call* Beet Regards, Bert Haglund, Enclosures MOV AUVniONV 01VIU0W3V z ecause rea. the 63% of inanee Lty of Dosed 5 have The iards in Lng area Lity of 1 • J P • ■:^i: 9' I ' 1* -V. . r ••■ % \ I3AV AQOOMNna OZfZ [ioov AHVfUOHVS 0380dOBd 10 TVW0W3W ABVAIVO [|i| 1 « -telliiiiii I 1 » 11__i I i/ # / / / / / .y f / / I / ts Ii; < •• / // ‘ / • / 30M3AV AOOOMNOO \-------------—" •Amo --------------------------------------------1 ^ ■■ mmmUr-; ;-:.^vy-:;T..4 *■■ a'K.;. -4ii^ ■ i '•.;?T- >«>j* •: --aA :• > lA’:^ •.. \ "'.■:x' ■: ■'" ■ ■ .■■ AA A- V1083NNW 3nN3AV AOOC IV AUVrUONVS nvMorov^ •/V‘'-..-5- .^i-V July 1, 19, The City o; Post Office Crystal Ba^ Attention: Re: Calvarj Propose Dear Sirs, July, corner of i its present enabled the ary school g)nnnasiuni c location. Howeve; and the att< a pastor £oi March < figures sine two morning demonstrate: J i It has our worshij worship sex not adequat as proposed service, as services. ional confe Calvar Pastor Rogi RY MEMORIAL EO SANCTUARY AOCN NW A. mm m : ::M m: ~ai! .. ^ 4 i H: I '.if- 17 /7r.*>, /'JUL -61983 CITY OF ORONO July 1, 1983 The City of Orono Post Office Box 66 Crystal Bay, MN 55323 Attention; Mr. A1 Olson, City Planner Re: Calvary Memorial Church Proposed Sanctuary and increased parking Dear Sirs, Memorial Church moved from the former location, at the corner of routes 15 & 19, in Navarre, what is now the Grace Baptist Chu«h t7 ary scnool in 1979 and still operates today. The congregation worshins in the l^tlor planned from the very start to build a sanctLry on the However, shortly after the move into the present building, the pastor left a"pastor*forov"r3^JLrs" They were without figurerslnce ^h^^tL^h f® "!l® '"'® <=P"8>^e8ation. Attendance t^^Lt u? “ '""“"“ed t° grow. Realizing this, the Elders started demo~trat!."°" *’ ^n October 1982. The following figures will help to 1982 - 83 CMC WORSHIP SERVICE ATTENDANCE AVERAGES Jun J^Jy Aug Sept Oct Nov 159 152 152 138 2^ - - Jan Feb Mar Apr May Jun 230 233 218 241 234 259 245 236 our w^sSip neer facilities cannot handle “"^Tng in the gymnasium of the present faclUt^ a« arpropos^*- TJe'f'r"®''" congregation'requJres fLn«u«y'a future growth is directly connected to the seating in the worship fhe church went into 2 morning ionlJ c^ferencrr^^s! fhe^addlf Calvary Memorial Church SSS?',?,Lve. I>,c. -----------Wayzata, Minn. 55391 raster Roger A. Creamer. Church phone (612) 471-8511. Home phone 474-6587. u? .. mn Page 2 C I Thei provided Our ordinane« that witi on-site ] Thai behalf o; her, we 1 in this < cc: Mr, Chai JUL -61983 TY OF ORONO on, at the Ihurch, to :hool, it ;rade element ps in the uary on the astor left e without Attendance Elders started will help to May Jun 245 236 innot handle :s show. The jcility, are a sanctuary Ln the worship I morning I of the addit< )unwoody Ave. ta, Minn. 55391 474-6587. Page 2 City of Orono From Calvary Memorial Church (con't.) There is no need to expand the school facilities, as they are adequately provided for in the present facilities. Our history has shown that we need the additional parking to accomodate the ordinance variance granted for 1 parking space for every 4 people. We believe that with the inclusion of the additional parking, we can adequately provide on-site parking for our peak attendance period on Sunday mornings. Thank you for your cooperation and consideration regarding this matter. On behalf of the church, which will be celebrating its 55th anniversary this Septem ber, we hope to continue to provide a ministry to a large segment of the population in this community. ely. Creamer, enc. 1 check for $200.00 cc: Mr. Dale Carpenter, Chairman of Joint Boards Mr. Steve Martin, Treasurer Calvary Memorial Church Pastor Roger A. Creamer. Church phone (612) 471-8511. Home phone 474-6587. '■fe “ r i ■■ i ■I tfif - ’ U. rxCIVII>|M JOHN W EMONO KENNTH E. ADOLE WILLIAM n ENGELHARC R. SCOTT HARRI GERALD L BACKMAN R. MARK KOEGLER Design T\ c/o Mr. I 684 Excel Excelsio] Dear Mr. EncJ the abov€ for a IOC developm€ room at t can be ir area of t or the ot The of 9.3 cl existing areas was The out of th baffled c additions The the conce with the for. idequately xomodate the We believe f provide 5 matter. On ry this Septem- f the population 20 Dunwoody Ave. ayzata, Minn. 55391 lonc 474-6587. mm ■vv JACK E GILL THEODORE O. KEMNA JOHN W. EMONO KENNTH E. AOOLF WILLIAM R. ENGELHAROT R SCOTT HARRI GERALD L. BACKMAN R. MARK KOEGLER 8CHOELL & MAOSON.INC ENGINEERS •SURVEYORS • PLANNERS SOIL TESTING (612)338-7601 • 50 NINTH AVE. SO. • HOPKINS. MN 55343 June 29, 1983 Design Two, Inc. c/o Mr. Bert Haglund 684 Excelsior Boulevard Excelsior, Minnesota 55331 lS®[iOW[i JUL -61983 ‘i CITY OF OR^'^ Subject:Drainage Calculations Dalvary Memorial Church Orono, Minnesota Our File No. 11871 Dear Mr. Haglund: Enclosed are the drainage calculations you requested for the above named subject. Based on the hypothetical hydrograph for a 100-year frequency storm, the storage requirement after development is 5,040 cubic feet. There appears to be adequate room at the lowest end of the property for ponding. The pond can be incorporated into the parking area if necessary. The area of the pond can be determined once you determine the depth or the other way around. The storage requirement is based on an allowable discharge of 9.3 cfs. This has been calculated as the discharge for the existing site. The runoff coefficient used for hard surface areas was 0.9 and 0.3 for grass areas. The allowable discharge of 9.3 will have to be controlled out of the pond area. We have enclosed a detail for a typical baffled outlet. The outlet pipe will need to be sized but additional field work will be necessary to determine the grade. The outlet pipe can be determined if the City agrees to the concept. We will, however, have to furnish the watershed with the pipe size when a grading and drainage permit is applied for. ; 'I ■,’ri ’rA'A A V .-v/.v .v’^ I..-; a'■ \-a 'a-: , If contact WREngei; enclosu dnjnc . .ANNEPS • HOPKINS. MN 55343 [l©(iOW[ili^ JUL -61983 CITY OF 0R(iN :i ted for 3rograph t after adequate le pond . The the depth discharge for the urface ntrolled typical but he grade. ees to tershed is applied m- ■ a .‘L ■> •' • ^ 4 mm f sti: ■■ j'- If you have any questions concerning this matter, please contact us at your convenience. Very truly yours, SCHOELL & MADSON, INC. WREngelhardt:mkr enclosure v-k v^:iJls*':;■'.1 ■ ‘ '1 'V ^ v'v^ if *•'• ' ' ' ' ■ • • • ' * •I.- V ; -./- ■ . V •'■ : /!,. -Uv ;v- 4 IP •;;v - i:. ■•:' ■ . ■ ■ ■:--»^- ’ -> •. /^vvr.r I m:mm “I DRAINAGE CALCULATIONS FOR CALVARY MEMORIAL CHURCH ORONO, MINNESOTA Land Use Existing School. Open Area Proposed Church, Parking 470' 0 10% 1.93 0.79 Overland Flow Length Channel Flow Length Average Slope Permeable Surface Area Impermeable Surface Area Allowable Outflow After Development (Q^ is assumed to be the undeveloped peak = 100 year rate) 470' 0 4% 1.07 1.65 Cu - undeveloped runoff coefficient =0.30 Flow velocity overland — see below fps tcu (undev) tc ^ • = 470/ ft/sec = see below mins For Small Areas , Set d (duration) = tc^ *= 15 minutes From MnDOT Rainfall Intensity - Return Frequency Graph: i =7.2 in/hr for d = 15 min. On = CIA C =.3(1.93) + 0.90(0.79) = .474 ' rrT2 = .474 (7.2 in/hr) (2.72) = 9.28 use 9.3 cfs Developed time of concentration (^cd^ For small areas, let t^^j = 10 min. _ _ . MnDOT: i for (d = t^d " min.) = 8.3 in/hr Developed peak flow rate from the drainage area assuming no flow controls for 10(tcd>. 2°, 30, 40, 50, 60 minute duration storms Cd ” developed runoff coefficient CA = .30(1.07) + .9(1.65) = 0.66 rr72 V ; ;V.: - :v.-'v, Event Nc 1 2 3 4 5 6 Inflow • duratioi In Ou n Ql I t^ ] Event I intens: and wh< Pond si to dis< v: ed irking Event No. (n)Intensity (in/hr)Duration Sec' s Q = CIA of s 1 2 3 4 5 6 8 3 600 14.9 6.1 1,200 10.95 4.9 1,800 8.79 4.1 2,400 7.36 3.5 3,000 6.28 3.1 3,600 5.56 Inflow - outflow volumes and detention volumes for each storm duration Inflow Volume *Qn + 1 2Ql ted + Outflow Volume= \ + i Ql ted + n Ql I t cd rainfall event number peak rate for initial event where d = t^d time interval d - ted seconds ^ developed time of concentration See hydroqraph Event No. (n) 1 2 3 4 5 6 14.9 10.95 8.79 7.36 6.28 5.56 13,410 14,619 8,370 11,333 5040 3280 Event No 1, a 10-minute duration storm with an average ?nteL??; of t.3 inches per hour, is the critical storm duration and when maximum detention volume is required. Pond should be designed to store 5,040 ft.^ and an outlet designed to discharge 9.3 cfs at Qa (max. head) Wwm s’ • -i ■*. Y'- ■ ■ !’ > — taiy V - -V mvmm ■ :vb v.V.y i :• ••■? ‘ > • «ll0 ; Event No. Inflow t CIA ;£s .4.9 L0.95 8.79 7.36 6.28 5.56 storm : Feet) detention 5040 3280 e rainfall m duration ;let designed SI;. .• r -r. ' e-; Event NO. 1 Area’s or Storage Volumes irrum Inflow V = l/2bh = 1/2(10)(14.9) + 1/2(20)(14.9) 74.5 + 14.9 = 223.5 X 60 = 13,410 ft. Outflow V = 1/2 (17 ."■>) (9.3) + 1/2 (12.5) (9.3) 81.4 + 58.12 = 139.5 x 60 = 8,370 ft.^ Event No. 2 Inflow V * l/2(.../) (10.95) + 10(10.95) + 1/2 (14.5) (10.95) 54.75 + 109.5 + 79.4 = 243.65 x 60 * 14,619 ft.^ Outflow 1/2(22)(10.95) + 1/2(12.5)(10.95) 120.45 + 68.44 = 188.80 = 11,333.4 ft.3 s.,v; ■■"’m'iTmsifjkV-^-iXr::x;;:r ..‘•5V ■ ;“V. "•; ••. ,* •:.• • . ■. ' ' : .^. ' ?*’ ’• t yft ':; - ;y: ^ v' : x-- r'\: -b^-Vv .*..**. '•'•f ••. ..*:A^m$ ,VX-:W c ■ ;■ '''.a :‘s ''i iJ I 1 li ! i L. fUff ! 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