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07-15-1991 Planning Packet
Planninq Commission I—■‘I a Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE ^ ¥PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAiME OR NUxMELR PRESENT FOR (from agenda) /JaIc'J ^> /■] (3.'' L. f /■' ) 2 • h t~y/t /'V/T* f \^ 1 /' /<< :n Ct_ _ 3./^i3c-r<:e n^U:tjix£SHt O / 4 t A 1 ( /o/A tfi X > -vT3 /^•»i ' v.i'/J-. <A ^U<2 s.-Vc-m dl iJ: 6. 7. 8. 9. .0. .1. .2. ................. .4. .5. ,6. .7. .8. .9.•Ji^.. !0. 'X — : I A J CITY OP ORONO PLANNING COMMISSION MEETING MONDAY, JULY 15, 1991 - 7:00 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Mary Butler ATTENDANCE > SCHEDULED PUBLIC HEARINGS - 7:00 p.m.1. #1661 Samuel McCloud, Record Lots 16 & 22, Big Island - Subdivision of a Lot Line Rearrangement Class I 7:30 p.B.2. #1663 Mark Johnson, 4465 Bayside Road Preliminary Subdivision 8:00 p.)3(A). #1659 Big Island Inc., Records Lots 12 6 19 Big Island - Vacation of Public Right-of-Way 3(B). #1606 Big Island Inc., Record Lots 12 & 19, Big Island - Conditional Use Permit - Continuation of Public Hearing 3(C). #1660 Big Island Inc., Record Lots 12 & 19, Big Island - Conditional Use PermitAariance - Public Hearing ACTION ITEMS - Review of these items will commence prior to or between scheduled public hearings. Applicants presenting variance requests before the Commission are asked to move to the podium at the front of the Chambers when their application is announced by the Chairman. #1646 Trinity Lutheran Church, 2060 Sixth Avenue North - Conditional Use Permit - Continuation of Public Hearing 5.#1647 Gerald Benoit, 3403 Eastlake Street - Variances ~ Continuation of Public Hearing 6.#1656 Donald L. Meyer, 485 Park Avenue - Variances - Public Bearing 7.#1658 Lyndon S. ’*Bill" Stubbs, 255 Pox Street - Renewal Variance - Public Hearing 8.#1662 Richard & Collette Roberts, 1937 Fagerness Point Rd Variances - Public Hearing 9.#1664 William H. Bockman, 1090 Loma Linda Avenue - Variances - Public Hearing ** *■ r -- CITY OP OROHO PLANNING COMMISSION MEETING MONDAY, JULY 15, 1991 - 7:00 P.M. 10.#1665 Thomas McCarthy, 1424 Baldur Park Rd - Variances “ Public Hearing 11.#1666 Michael Hilbelink, 2180 Prospect Avenue - Renewal Variances - Public Hearing 12.#1667 Whitney MacMillan, 1700 Fox Street - Variance - Public Hearing 13. Hardcover - Status of Weed Control Fabrics Planniiig C0B«i8slon Co««ents - 14. Report by Planning Commission representative to Council meeting of July 8, 1991. 15, status report by Lake Use Committee representatives. 16. Other issues. Additional Items ~ 17. Planning Commission approval of minutes of June 17, 1991 meeting. 18. Planning Commission to select a representative to attend August 12, 1991 Council meeting. Adjoaxnment ** \ '* * ,r : ■ % e iSl ,#r •ft* . -i ^: V m ei e • 1 To:Chaiman Kelly 6 Planning Commission Members Mark S. Bernhardson, City Administrator Prom: Michael P, Gaffron, Asst Planning & Zoning Administrator Date:July 9, 1991 Subject: #1661 Samuel McCloud/Big Island Properties/Victoria Nelson Arneson - Subdivision of a Lot Line Rearrangement - Public Hearing Zoning District - RS# Recreational Seasonal (Big Island) Application - Request for City approval of subdivision to split off lakeshore parcel for recombination with adjacent record lot. List of Exhibits - A - Applications (signed by all parties) B - Plat Map C - Property Owners List D - Survey E - Staff Letter to Carter DeLaittre 2/19/91 P - Documentation From Application #889 (never completed) Synopsis - The history of this subdivision request goes back to the rezoning of Big Island to "RS" in 1983. After designation of Record Lots by combining of commonly owned parcelSr City Planner A1 Olson had discussions with the Nelson family members who owned various parcels within designated Record Lots #16 and 22. This resulted in the tentative commitment that the City would grant two small extraneous lots status as individual record lots, would keep a large back parcel as part of Record Lot 16, and would approve the subdivision of a lakeshore strip for transfer from Record Lot 22 to Record Lot 16 for lakeshore access (to conform with the 1970 torrens action which had never been formally approved by the City nor recognized by the tax office). The Nelson family members proceeded to sell Record Lots 22 and 16, and in 1985 Seun McCloud and Jay Smedberg filed an application for the lakeshore strip subdivision. During the City review process, Smedberg put a hold on the subdivision to investigate his options. The subdivision was never finalized. Smedberg's Record Lot 16 is now owned by Big Island Properties on a contract for deed from Victoria Nelson Arneson, who have both joined Sam McCloud to finalize this subdivision. This gives the City an excL'llent opportunity to clean up some very old issues. Pertinent Facts ■* 1.The lakeshore strip in question contains approximately .17 acre, of which ,12 acre will stay with Record Lot 22, and ,05 acre will become a part of Record Lot 16, Zoning File #1661 July 9r 1991 Page 2 of 2 2.Although the plat maps show this total .17 acre strip as a single tax parcelr a 1970 torrens action allowed the split, and subsequent property owners hold deeds to their portion of the strip although McCloud pays taxes on the entire strip. 3.As part of this subdivision request, McCloud requests that Lots 9, 10 and 11, Morse Island Park, and the .12 acre strip be combined into a single tax parcel and be granted the Automatic Lot Area Variance, which would have been afforded this record lot if the subdivision had reached completion in 1985. 4. I. ■ I I f-. W i: Although not specifically requested by Big Island Properties, the City would require that the .05 acre strip be combined with 6, 7 and 8, Morse Island Park, and that tax parcel be combined with the large inland tract through a Special Lot Combination Resolution to be filed on the chain of title of both resultant tax parcels. When this is completed, staff would recommend that Record Lot 16 also be granted an automatic lot area variance so that the property will gain the formal buildability rights spelled out in the zoning code. 5.Upon completion of the above, staff would recommend that the City proceed with an ordinance to revise Section 10.31 to designate new record lots 70 and 71 for the two extraneous parcels and correct any discrepancies and errors in Section 10.31 related to record lot designations. Staff RecGoonendation *■ Staff recommends approval of the proposed subdivision, subject to the appropriate lot combinations occuring. Staff further recommends that upon completion of the above noted combinations, the City should grant "automatic lot area variances" by resolution for both Record Lots 16 and 22. Note that lots 70 and 71 would be considered as substandard, unbuildable record lots per Section 10.31, Subdivision 6 (G), and would not qualify for the automatic lot area variance. • " V >'!• ■ • .M Note: Regarding Mr. McCloud's variance request for the system, staff met with him on July 2 to discuss a redesign of the structure. That plan should be back to us in time for further review at your August meeting. (Staff recommends you treat this subdivision as a separate issue, and note that we cannot issue building permits for the property until the Subdivision and Lot Area Variance is ccxnpleted.) % CITY OP ORONO - SUBDIVISION APPLICATION ^ property LOCATION m M V.: Site Address strip of land adiacor.--. - » t-ri. / MN yf ■') ■ .! / y iXJ/^ Ifc • nnai.Property Identification Number (P.I.D.) Please check one ~ Property_ _abstract or — torrens? Attach legal description to application Phone (home) s33-962x r rrv nc r.c-nan I I Ul —VISIT rrr .........uiiau-t. APPLICANT Samuel A. McCloud, to be joined in by Victoria Nelson Arneson and Name n/n .-rnnt3gii. - Address: .;im HSnhwav 55_______________^^ityr^Minneap^lJj Phone (home) ? *r i Vi*/An A i‘i" A V.* Vi. V *v V w -------------TW rckj M . . j c, • *w V**’*>*«-»/ •> - v«' -» .i'/f£TA ‘ .'1 iwv.vvypff » i : mtu\ t XJU^ i • j * i‘i rv*‘ ^ or» f Zip: ■/v.O A VU/ iLV/ < ONNER (if different than applicant) ' See above and attached conditions of Name ¥ ttio_ _ _ _ _ _____________Phone (work) Addfess:City:Zip: (attach list if more than one) EXISTING LAND USB Number of Tax Parcels Development Size .19 Acres Dry Land Acres Wet Land Acres Total, all parcels j:7 Present Use (check)Residential; no. of units Other ( specif V) Seasonal residential ____ Present Zoning District RS PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites:Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Units per Acres Sq Feet Dry Buildable Land Residential Other (specify) / ^ vr ii ri 1.) HI MfitpM MATSRXAL NBCBSSARY FOR COMP] 1. Comtsleted Application Cerrificato of Survey. 2. pteiininary Plat List^ of owners within 350' (you must obtain 3. certified Department of finance A-603 Oovt Cente- j- - - T «! c4- nt owners -IWW w-- _ ^ _ ^sn^ust rrrreL^n “§ou"nly" Department of .flr.anoe A-603 Oovt Cen.e. • 348-3271). . ,r<r3licationp please attach a separate list o: ^y%\h^'fp«™onVyou “wifh"iotif-ied of this applioation. ^ -a. ___________ any other persons ------ 1- 4. 4-via-i- Preliminary Plat Application iS Certification by Zoning Departmen eomolete. Date^- - - - - - - - -— zoning Official's Signature. 1 g orriciSJL s -- -—— -_ _ _ _ _ _ __ __ _ _ _ 2. si^;r-o:Ul!caln^ --;y^o^^Syir=4:.s C1 i-on... Pii--. 3. Title opinion. 4. Easements, =0''““*®' ^a'i^tner of Credit.5. Developers Agreement and Letuer5. Deveiop Application is complete crtification by Zoning Department tha ________________ Zoning Official's Signature,^_ _ _ _ _.- - - - --- - - - --- - - - - - - - - - - FEES xl Sketch Plan Review (Class I, II * m* subdivision of a Lot Line Rearrangement preliminary Review (Class 1 A II Subdivision) preliminary Review (Class III and all non-residential) $150.00 250.00 250.00 300.00 + 20.00/Lot 150.00* ^\if±u9 a«j -- - - -- - - -- - - - - - - - -- -- - - -- ;r7p7ri;;;Ti;;;;7‘arr«{^:^Y«r"%i%V•equested by the Zoning to process this applicatxon and •liming Commission fees establi shed by ordinance. 'urther agrees to pay all additional ^ ^ pplicant's Signature Date 4hih( .oud Date t/A?/ kmer's Signature x -fe^—^ Samuel A. McCloud d-,*.#. the City offices 25 days before pplicant must have all f-- commission Meetings are held on theCommission Meeting. Planning Co^ssi^ present at all scheduled iSotJe^d .Vend*i“n fo«Tla"o’e’ a^d to advise the Building A lonrng IfiSS of this change prior to the meeting. lOaillDI) mSBBIU MBCBSSaSY FOR COHPLETB PRZLIMIHAHY APPtlCATIOH thil^list frOT HeLepin County Departaent of .Finance A-603 Govt Center 4 As^an^aVd’endum to this application, please attach a separate list c. any other persona you wish notified of this application. certification by Zoning Departaent that Preliminary Plat Application is complete. Date Zoning Official's Signature^^- - - - --—__ _ _ _ _ _ _ _ _ _:_ _ _ ___ ^ :- - - e - ♦ ^ 2 c - - - err. —r. 1T*! • 2. Si^S’cerrifliate'of itirvey or mylar copxes of formal plat 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of creait. codification by Zoning Department that Final Plat Application is complete Zoning Official's Signature^________________________________________—-----—------ FEES Sketch Plan Review (Class I, II & HD y Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subdivision) Preliminary Review (Class III and all non-residential) $150.00 250.00 250.00 300.00 + 20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges; 150.00* The applicant hereby agrees Engineer^^^*ity^ Attorney, further agrees to pay all additional fees esraoxisnc j Applicant's Signatur Date Owner's Signature Victoria Nelson Arneson MV Victoria Nelson Arneson r-»4-v offices 25 davs before the Applicant must have all submittals ^ on the Planning Commission Meeting. „g^ be present?at all scheduled third Monday of ^'’c^isslo^^ Co^cHf I? an applicant is review meetings of the Planning . -j-^e arrangements to have an *.V«t .\tVnd‘ln"!foJJ place a^nd to advise the Building . Zoning Office of this change prior to the meeting. j r i HECBSSMT for COMPialB PRBLIKnttRY APPUCATION 2I- ■ p^ininary''piat <f/“^ers “ithin^fs0^ ’ (you must obtain Sniift Oepa° tment of rinanoe A-603 Govt Canter 348-3271). iv-'e ar-nlication, please appach a separape liSP *• ^y“th« p«Ton\ you'tish'’notifiad o£ this application. Cartification by Zoning Department that Preliminary Plat Application is complete. ^ Date_ _ _ ___ _ _ _ _ Zoning Official's Signature,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _- - - - - - ^ « •2. li^ed'certificate of 'survey'o7nyiar copies of forr.al pla“. 3. Title opinion. 4. Easements, Covenants, epc. credit. 5. Developers Agreement and Letter o 1 r.TCEr.3-r.'ij . • . ■ 4-visi-h Final Plat Apolication is complete.Certification by Zoning Department tha - - _ _ _ _ _ __ Zoning Official's Signature^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _—- - - - - - - - - - - - - - WEES 2C Sketch Plan Review (Class I, II & subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subdivision) preliminary Review (Class III and all non-residential) $150.00 250.00 250.00 300.00 + 20.00/Lot ?:;iroi“^g!neerln,_cha„^ 150.00* thVlapplicant hereby agrees to provide all c"itr “ requested by the to process this application and BIG IS Applicant's Signature BIG >mwr'8 Signature ^ Fred B'run Ipplicant must have all su‘_ Planning Commission Meeting, bhird Monday of each month. Date Date ____ 7^ ^ ttals into the City offices 25 days before the Planning Commission Meetings are ^eJLd o“^ the bird Monday of each month. Applicants Cotmcil*”^If a*' applicant is■eetiig. of the Mennin, emission and :Si;i*Vd advise the Building a Zoning iffice of this change prior to the meeting. siikia. - - iflF'in-aS'® >. • • ,.• • :" • .■■(' VA , . . 1 iA 1 BIO 1294 7 rM Kl; li' ’ - -Vi'-. r IScAMO OF (MONO -'^ k w c-’' f •m; f i COUNTY PROPERTY INFORMATXGN SYSTEM PROPERTY OMCRS LIST ' iK oMCR NMC HEm CTY PARK, RES DIST 7/taxpayer ' yil.\l^/AOOR i i< HEIM CO PARK RESERVE DXS i - V ! ’ P 0 BOX EH. . '• • .; 9.1,1- , SO E2-117-ES 41 0001 OOOSa AOORESS UNASSIGNED EUGENE A NELSON SAMUEL A HC CLOUD LAN OFFICE 5101 HIGHNAY 55 . \[ MPLS MN 55422 ':• i-: I ‘?1 TAXPAYER .. NAME/AOOR OEOROXA RUUD ET A^ GEORGIA RUDD > ■ G4E0 EDEN PRAIRIE RO *• EDEN PRAIRIE M4 65S44 '^V9 S8V z3-iit-n 3Z ooie MQT AOM * ^^OOOia AOOMSS UHASSXQNED j lioNNii (OME iHVXCTOnXA NELSON 58 E5-117-25 52 0001 00058 AOORESS UNASSIGNED CAROLINE C ECK . HRS N R NELSON 5115 CEOAR AVE SO ART 5 MPLS HN 55407 /!TAXPAYER li PXG ISLAND PROPERHESHES - i” 4..'- ‘ ‘ • ;'K‘NAME/ADDR'';fiSfS GAmiE DR SUITE lOi'^ii .V ; '■ ; .. :;.MPIS m ;-B54U.i.,'i- . .-r ? '^'5 • i )' i ^ ’ N /-<V ‘.a‘v ■ ■ • - 58 25-117-25 52 0011 00058 AOORESS UNASSIGTCD VICTORIA NELSON BIG ISLAND PROPERTIES • 5555 GAMBLE DR SUITE 106 ^E’LS MN 55416 ••• • 58 E5-117-E5 SE 0015 . - / ' f\\U CMCR NAME SAMUEL A NC CLOUD 00058 * AOORESS UNASSIGNED 58 25-117-25 52 0014 00058 AOORESS UNASSIGNED SAMUEL A MC CLOUD SAMUEL A HC CLOUD LAN OFFICE 5101 HIGHNAY 55 MPLS MN 55422 . L •I: > t*. .♦ t ; i ♦ 58 25-117-25 52 0014 ' 00058 ADDRESS UNASSIGNED EUGENE A NELSON NELSON 56 1/2 ST 55407 VXVXAN J NELSON ETAL VIVIAN J NELSON I ;-117-25 52 0062 AOORESS UNASSIGNED J A C PANOZZO JOHN PANOZZO RT BOX 9595 * V * 56401 ••• < * k' ! : i V » *1 • • > - ; *•'' • REPORT ND. PX4SS401 ' PAGE 4 I 38 25-117-23 23 0005 00038 ADDRESS UNASSIGNED FRED A BRUNTJEN FRED A BRUNTJEN H6T SALES A PROPERTIES 5553 GAMBLE DR STE 106 MPLS HN 55416 . ^. t (‘ • » j ^ ‘ ‘ p - i •.. w . V t r •h- 38 23-117-23 32 0002 00038 ADDRESS UNASSIGNED GERTRUDE V NELSON BIO ISLAND PROPERTIES ' 5353 GAMBLE OR SUITE 106 MPLS m 55416 ; {•; « «• 1 38 25-117-23 32 0012 00038 ADDRESS UNASSIGNED . « I 1 • '• . VICTORIA NELSON BIG ISLAND PROPERTIES 5353 GAMBLE DR SUITE 106 MPLS MN 55416 ; 4 4 i ^ < i • ♦' ? % 58 25-117-25 52 0015 00058 AOORESS UNASSIGNED SAMUEL A MC CLOUD SAMUEL A HC CLOUD LANN OFFICE 5101 HIGHNAY 55 MPLS MN 55422 1 G ' L ♦ I ? » 5..•i r* • *ii 0 )• i » • ^ •• • t-i ■: Ijvf r.: V r I 38 23-117-23 32 0020 . I 00038 ADDRESS UNASSIGNED • FRED A BRUNTJEN FRED A BRUNTJEN ' HOT SALES A PROPERTIES 5353 GAMBLE DR STE 106 {. .J' • « B SG" ;!.-t •. ♦4 HPLS MN 55416 5 * i ! V. /,» 58 25-117-25 52 0070 00058 AOORESS UNASSIGNED NESTAR PROPERTIES INC NESTAR PROPERTIES INC 641 E LAKE ST NAYZATA m 55591 1.' 4 . I, A rr • ' 1. t * ' I**’, •• mUi.U'V :*•*-j ’! :** i • » ■-* ’• i i\. 'i t \ • • • : r- 1 I,"' • fj '' ' i .r/ • r t i I % .>»• ji-'V'Vi j . it '* !.% ; , I' .'i:- A ‘i. :■ i V' r-’- ( N'jriJtV’tr.Li- • ; ? • J.'t- 'i f.i « . ki, .V r J \ •>. tv^ ? i} y>W>I •• • I,* •■ I .MJN.OATt 9*/U/9l •*' ■'Jit .7 ‘'. • ' IttHNKPlM C c4.MTCH00t ^ i. i'5.1 ! ■■:•:•• 1-- •■ ■ •■•'!■ ■'• •■'i ■ ••• '• i i Vi: ti~n7-tz St 0071% . ^ . r *• •, • •'*■ HENNEPIN COUNTY PROPERTY XNFORHATION SYSTEH PROPERTY (MCRS LIST V .f; • ao^ ca-AAr*ca ac uvfA . i>. [ r f :'r; PROP AOOi , • OMSS ! AOORESS UNASSIONEO . . : :r* L ^ mmn HME . ROBERT. N NCMILIFFe ET AL ^ ' . ^ \ h TAXPAYER V “ . - - - —M f i l NANE/Al N I. A P A THORKELSON ! 4BB1 OANNYIEN TERojwnrxcR ter ' » v,- ! V - OOtOEN VAUEY NN V > i ^ 1 i rr f.%. i iw. ‘ ! •-'V / . 7 <;* :•* *• TtnrAL BATCH 002 00019 V I i » «. •I / REPORT NO. PI455401:.' '. 5i • PAGE’ S • . “• : r' 1• .1 ♦ • » .;C t V' • u* *• k t. ■• 'f-. ^ •• ■,• ■ , I V *.. ; ■ 'i '* t > ‘ J . ' ii • : ■ {■: .1' i*'••*<.' ’ ^ j 'iVM , ‘ ' i 7 ' • . i. • '» . • ’ ; . I •. I ‘ r * ’ • i. i • . 5'. Jf :» • . » • » » i ; t. ‘ ; I. ■' ' ii:i i : < n' •7^ - i V ’I, , V- 7;! I. •( «i" ' .% <' i .' .1 ' '-I '‘f , 9 ^ ‘ IIV r ••‘i. * ♦ ». f :••: ' V I- - • 4 * r , i .. * • > . ‘ ‘ t .« i » .1 i. *, I •« A *. j CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF XNFORHATION AS IT APPEARS THIS DATE ON THE RECORDS' ' OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION. TO THE BEST ;TOKRTY TAMTION. TO T 'w miM) . 4. • t ..ij • i' * **| .' I # V »4 • 9 •. ■ 9•* «• • . 4 • • ' 7 i. ••b^f i A I ) i » * r '•« s; rv« .7 7v f ^ / • i .i , I.--I .r 5 > f * ■ < '! ‘ • .r> - j, -; • m M< «»CERTIFICATE OF TITLE N? 662019 ro« !!•• kVOOk A.D. Itll No. ««201f fiir«ict couar m*iii 22il OrltlaaMy r«|ltt«r»a tha 20th i»f «f l^ril ValMM 9* Pat* niff ilia a Kaon Can a bam TKIt It !• Hia I REGISTRATION Saaual A. Hc CI m^* •t 4S2f San* Avtnat herth, Cttf of Crratal» Ceuntf of Raiuiorlo. ftato af Nlnnatcta I. MW iIm cwMcItl »f M MUM bl (m (ImH* •» »iia to III# l#ltowto« 4»toM Una aiutua to riw CMMity #1 HwiMpto (nd SiAlA •! Mlatiwf M, l« wilt ThAC Hit •t CAvoroMAC Ut S Iftiig Soacli of tho Mat laathorly ItM a( Tract •# Iatlatara4 lud lanroy i«. IStA aaA larth af tiM Vaatarlf aataMlM af tha iatcKarlf llaa af lat •# Maraa lala«4 Park. tacrlM 29. Tavaoklf 117. &a>i«a 22. accartloi ta tlw tl«lta4 Itctaa C«varaM«t iwrvajr thoraaf# I 4» !• Hm ««i<wfiilwAn€«i, ntfil Afttl Iftlfftil noltd by lK« m«mofial wnd«rwrill»n f tnd«rt«d b«r«Mi| And tubjACl !• lb« fAllnwinf rlfblt M tncimibaAncM MiWitlInf. At prAvIdAd In iK a twintydAwrik tACllAn a I **An act CAncAmlnf iHa rtfIttrallAn ml Ufid and ikA IIiIa ibAfAtA* a I iK a OAnAral Uwt a I iK a IIa Ia ml MInnAiAtA Iac iHa ytar 1905. and Ika amandniAnli iK acaa I. namalyt I. Uaaa, alaMa or HalMa artalat aaAar fha low* or A m aooaiAaAaa af lAa UaAaA HoMb whlak A m naWiaa af HAs tfaOa aoon t. liMKaoalaof foal a. A m iaoao tar A paaiat 4 A« alataa ta ab AA i klA I far vtatk AM taoA hot aoi haaa lalA af A m Aafa af A m aarAAaofa af NAa. Hmo A mto ta t. M Alta Of MAoal or Afta 10 4 im iMil of Mr paaoM ta AOM f. fUf iiOtaifiln MiAtaotai ta taM A m aooA«a»taa oa li olraat kf la«. or fiaiioA tar AaaA froM A m avaat of A m lanAliaH af HAa. float ta lUiP. Thai tliA aaU fatal A# McClo«A la of tha ago of 12 raara# to oMMrrtaa onA to oaAor no Ataaktllty. Pfs IN WITNfIS WNIIfOf. I boro korowiiA MiWcribAd iny nofM and aMmd tka Mil #1 liiy mHkm iMa Itfhtb day of Ayrll 1H9 I. it Carlaan la and far iba •f------S2Tand $$mt§ of MIMOaiAl m uum, UiAMiNtf Oi CMAAMI on IMI UMO OfICtJalO w T»«f ClBtlflCAfl oa mu MftffO AnACMlO. AiAVTT AACwniorl ownata I1 MtfontSnT 1 AA?a OA AAAIntooTion anavtaT i owariMtaA M ravAA aa 11 mRT^%L?L. Dt.«if iiT 0^1 AA jAta /liia L iffO ta iiTW A (fa MA/taV’J I ■r 1 m i COUNTY OF HENNEPIN STATE OF MINNESOTATHIS IS A COnaUlQN or THE ; orncc■T4UEON f:u- m The 6mcc of the REOISTRAROFTIREGISTRAR OF TITIES AS Of A ^the .44# «Ri5T BY__i ■f[y. \ if i.^, .-v^ .:! '..X W 457 '(V L. >Tran«r«r from ito. ^)6)0<« A. D. I9ti 0>%r^«C«wav«tf *2Wd OrltlMilljr raflatcrad ti«« ?Oih «•/ of April VoloM 7*1 r*4« 33699 ST.vn;*'MiNWEsaxi.) t’or.m*»llEXNEPLV. I — y//^ . , Clip of NliwiMpolU, County of HtoMpin m4 Slat# of Hlnntsota RlOmYt^YlO'if Victoria MaUon Aroaton raaldlA4 at 37>»0 NlneaAana la Um * c/^ TO i ; /SL\pr-cP. \ la Ht4r 4S$^€0JM*yuS That part of OovamMOt Lot 3» Ih tactlaa Z2, TOvaaMp ll7i Kanfa 23« «»hlcli Uaa South of tha Vaaurly aatanaloa of tha ■or'tiarly llaa of Lot 6, Mona lalaad Park, aecorJin« to tha UnlUd Staus Oovarnaant turray tharaof. 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REUISTI THE>i AnSiSTRZil by __Ai \ I I *1 I I1% .: fi I I f.'- •• ‘•y M UMiKMlOOSiLViL • • • • •if ; IS M I •: 1 .• • $ 1 » •. I'i I ______Mb pipip f^efL Cobt Se^rroA^ /^»3l Sutafck, OCf^ C T>\<r ttt: PtU^e\f^<, ^ prytfifrP^ f.i/TTV’^TOAjK/AJ^'N /\S. |£^eo»M.*^eroCitfl> P y Sta^ - /Ai /9^3 C a^C^ PrCESeMT^ ^■z,-in-i3 Qo, HI III mini iiiiiliii r / \ axv OF QRONO1 CITYofORONO Post Office Box 66 •Crystal Bay, Minnesota 55323•Monidpal Offices On the North Shore of Lake Minnetonka February 19, 1991 Carter DeLalttre % Lambert ( Boeder 1000 Superior Blvd Wayzata, MN 55391 Re: S2unual A. McCloud - Big Island Dear Mr. DeLalttre: As we have discussed, this letter is to update you on the Incomplete status of our zoning file #889, a lot line rearrangement subdivision request iji—1985-by Eugene Nelson and Jay Smedberg for Big Island Records ^ts 16 and 22, Enclosed are various items of correspondence and Planning Commission/Council meeting minutes from 1985, The application is requesting City approval for a split of the parcel of land, P.I.D. #22-117-23 41 0001, adjacent to Lots 6 through 11, Morse Island Park. Apparently, in 1970, a torrens action resulted in dividing this parcel into two deeded parcels, the division line being the extension of the line between Lots 8 and 9. However, that subdivision required City approval, which had never been applied for nor granted. In 1983, the City of Orono rezoned Big Island and defined "record lots" which recognized historic patterns of use and ownership, with the intent of keeping substandard, commonly o*med lots permanently in common ownership. Regarding Record Lots #16 and 22, former City Planner Alan Olson had a number of conversations with the various members of the Nelson family, and then determined appropriate combinations of parcels to create record lots. In 1985, when Eugene Nelson was in the process of selling R.L. #22 to McCloud, it became clear that P.I.D. 22-117- 23 41 0001 existed in Hennepin County tax records as one parcel, not reflecting the torrens action. Therefore, Nelson and Smedberg (then contract-for-deed owner of Record Lot #16) applied jointly for a lot line rearrangement/subdivision for tax purposes to gain City approval of this split! ■i/ILOING a ZONING - 473-7357 ASSESSING AOMINISTKATION ft nNANCE - 473-735S FAX-473-0510 PUBLIC WORKS - 473-7359 w:' Carter Delaittre February 19» 1991 Page 2 of 3 In reviewing the staff memos and Planning Commission/Council minutes, I think you will find that Smedberg was less than cooperative in allowing the subdivision to be completed. While neither Planning Commission nor Council objected to the division, Smedberg requested and was granted a tabling of the request for 6 months so he could "research his options" for use of his property. This attitude resulted from one caveat of the subdivision resolution which would require tax combination of all the parcels within each individual record lot. The application was tabled on March 25, 1985 and has never been rescheduled for action. Apparently, Nelson and McCloud were able to close on their transaction absent City subdivision approval, and none of the Involved parties have pushed for completion of this application since that time. I should note that Mr. McCloud did return executed "automatic lot area variance" resolutions to my offxce on July 26, 1985. Because the subdivision has never been finalized, the automatic lot area variance forms have never been finalized, which means that technically no permits can be Issued for this property until a lot area variance is granted and the subdivision is resolved. My reccxnmendation to you is as follows: 1. As part of your after-the-fact variance request, you should request City approval of the automatic lot area variance resolution, which action was stalled out in 1985. '2. Mr. McCloud and the current owner of Record Lot 16 should jointly request reopening of the tabled subdivision application #889, to be reviewed concurrently with the variance request. For the record. Record Lot 16 also has never been granted the automatic lot area variance. Also, be aware that Municipal Zoning Code Section 10.31, Subdivision 6 (B) disallows issuance of building permits until the lots have been legally combined for tax purposes. Further, Section 10.31, Subdivision 12 (D) requires that all seasonal dwellings over 800 s.f. of floor area be provided with a fully conforming on-site sewage treatment system. Issuance of an after-the-fact permit for the room additions will be predicated on these requirements being met. •k tu III I r I I ti I !■ I iiTi riiiariiitiMnH ■iiiMiiiBiiiiiiMinr» i i I M ■■ II ■ ------------------------------- - ■* •■ .' r Carter Delaittre February 19» 1991 Page 3 of 3 Please feel free to contact me at 473-7357 if you wish to discuss any of the above noted items in further detail. Asst Planning & Zoning Administrator MPG/tln Encl<^ires cc: v'^eanne A. Mabusth, Building & Zoning Administrator Lyle Oman, Senior Building Inspector Mark E. Bernhardson, City Administrator i- ■■ W6-:1 , ..• I - .li ■ ! i-l U u^- f->• »T t city M OI?S^ CITY of ORONO Post Office Box 66♦Crystal Bay, Minnesota 55323•Municipal Offices .“5gsl On the North Shore of Lake Minnetonka March 27, 1985 Samuel A. McCloud Attorney at Law 533 West Parkdale Plaza 1660 South Highway 100 Minneapolis, MN 55415 Re: Big Island Property (Record Lot #22) Dear Mr. McCloud: This letter is to update you on the action taken by the Planning Commission and City Council regarding the subdivision ; for tax purposes of the lakesho»*e strip of property currently " under P.I.D. No. 22-117-23 41 0001 and which was torrensed as two separate parcels some years ago. The Planning Commission first reviewed the application on February 19, 1985. The staff recommendation to the Commission was approval of the subdivision subject to combination of the appropriate parcels per the record lot designations described in the zoning code. Mr. Smedberg, who was present, objected to the combination requirement. The Planning Commission tabled the item pending further discussions between staff and the affected pro perty owners. In the ensuing discussions, Smedberg gave the impression he was mainly concerned with his buildability rights if the property he is buying was one record lot instead of two, and he would prefer that Lot C, to the rear, be a separate record lot. He was informed that under the zoning code if he owns the contiguous properties, they would be considered in total as one record lot, hence his rights are not negotiable and are spelled out clearly in the code. In order to facilitate your anticipated closing, this item was again brought to the Planning Commission on March 18, with an outline of the code regulations on Record Lots on Big Island. Planning Commission voted 6-0 to recommend approval of the division subject to combination of the northerly strip with your Lots 9-10-11 and the southerly strip with Smedbergs Lots 6-7-8. It is a standard policy of the Planning Commission and Council when creating small unbuildable parcels as part of a metes-and- bounds division, to require the resulting parcels to be combined with the appropriate adjacent parcels. BUILDING A ZONING - 473-7J97 administration a riNANCt - 473-7358 Hl'BLIC WORKS - 473-7359 .J J w:' Samuel A. McCloud March 27, 1985 Page 2 Again, in order to accommodate your closing, this applica tion was brought directly to the Council at their next scheduled meeting on March 25. Staff recommended approval per the Planning Commission recommendation. At this meeting, Smedberg stated his objections to any combination stipulation at this time, feeling he was being pressured by the City to complete an action he should be given the appropriate 6-month period to consider. Staff suggested to Council that the division for tax purposes could be approved without the combination provisions at this time, and the 6-month consideration period be granted to each record lot owner as a separate issue. Council voted 2-1 to table the application in order to allow Smedberg the 6-month period to consider whether he would acknowledge the record lot designation, and then take action on the subdivision and record lot acknow ledgements all at once. I have been requested by Judy Frommes to formally indicate to you that you have the right to reconstruct or replace your existing cabin. It is my understanding that you are willing to acknowledge that your Record Lot #22 consists of Lots 9-10-11 and the lakeshore strip and will agree to the combination of these parcels and agree to the filing of the automatic lot area variance resolution in the chain of title. If you do execute these documents, in return the City will grant you the automatic lot area variance, which effectively grants you the rights per Section 10.31, Subdivision 6 (F) (copy attached). Note that the listing for Record Lot #22 includes P.I.D. No. 23-117-23 32 0019, which is Lot #15, Morse Island Park, and which former City Planner Alan Olson stated would become separate Record Lot No. #70. This is still agreeable to the City, but has not been officially changed in the code because Mr. Nelson has never returned the paperwork. I will sKv^rtly be forwarding to you copies of the lot combination request form and the lot area variance resolution for your review, signature, and return. Please contact me if you have further questions. Sincerely, I* r. Michael P. Gaffron, Assistant Zoning Administrator V* . . V ^ ‘ L rn fniatnii Record Lot No.Location Big Island Tax Parcels in Common Ownership § 10.31 Combined Exist. Dry Acre. Use 5) 6) 7) Big Island Big Island Deering Island 22-117-23 13 0001 0005 22-117-23 42 0001 19.8 SR 22-117-23 14 0002 9.0 ■CUP 22-117-23 31 0001 6.3 SD 10-117-23 - 31 0 OjO i .*r.SD,_ F. Substandard - Buildable Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area requirements of this Subdivision. However, based upon individual lot surveys and existing lot development patterns, the record lots listed herein are hereby granted lot area variances and are recognized by the Council as buildable lots. Each of the following record lots may be used for one-family seasonal recreational use or for a single permitted seasonal dwelling which may be either the existing dwelling, a replacement dwelling, or if vacant, a new dwelling, without further Council action or review, subject to strict compliance with all setback, hardcover, on-site sewage treatment and other performance standards for development in the "RS" District, including tax parcel combination pursuant to Subparagraph B of this Subdivision. Record lots are identified by Record Lot Number, and each includes all property identified thereafter by che listed tax parcel property identification numbers. "SD” means permitted Seasonal Dwelling; "SR" means permitted Seasonal Recreational Use without structures; "CUP" means Conditional Use Permit: Record Lot No.Location Tax Parcels in Common Ownership Combined Dry Acre. Exist. Use 8)Big Island 23-117-23 23 23 0001 0002 4.3 SR 9)Big Island 22-117-23 24 24 0006 0008 3.7 SD 10)Big Island 23-117-23 22 0002 3.6 SD 11)Mahpiyata Is.22-117-23 13 0002 3.4 SD 12)Big Island 22-117-23 42 0019 3.1 SD 13)Big Island 22-117-23 24 0009 3.1 SR ORONO CC 317 (4-1 ■ >?1 [ipc. 'f: Record Lot No. 14) 15) 16) m Location Big Island 23) Big Island Big Island Big Island Big Island Big Island Big Island Big Island Big Island Big Island ORONO CC Tax Parcels in Common Ownership 22-117-23 42 0001 23-117-23 32 0028 0029 0046 0047 0048 0049 23-117-23 32 0001 0002 0013 0014 0015 0044 23-117-23 32 0030 0031 0032 0033 0041 23-117-23 22 0018 22-117-23 42 0004 0009 0010 0011 0012 0013 0014 0015 0016 0017 0018 23-117-23 32 0042 0053 22-117-23 31 0002 22- 117-23 41 0001 23- 117-23 32 0013 0014 0015 23-117-23 22 0008 0016 318 § 10.31 Combined Dry Acre. Exist. Use 2.7 2.5 2.2 2.0 1.8 1.7 1.5 I 1.4 SD SD SD SR 1.2 A (4-1-84) aHitAAum ^JC, ItTAL 1.16 l>->z.-^o?( _ •.m: Srcf c c A^-. ,'t^^ r22 o*rA L i • T"4 <». ^ iJ.^ f \y s ir /.?6 IC7Z,4.t i/.!A'0 . I. I z.tf o -.1^ j e&ui& \ t*'11 .2.4 ‘y •:....,• • -VILLAGE OF OROnV V .. « !- • r- / . -^:*s-->v;sr• •. •>.-ri* .'•• ?•: » . r • • .^‘* • * • V • • •••• ■ - *. .*; - ;^r ••.•%•:■. ' vr •<'•■=’'''.. '•• ... • * • •: .'• y ,• •• ••' *.v. V I. • • 'SK-, CX17SAAJ€i9t4S 8y *77f«^.S VtV^i . ‘TWV < -V*. ^./... • ♦• - i B/«.r • ••^ «« ^ /^#7/ MINUTJiS or Till-: OKOKO COUKCn. MMKTING IIHUJ MAKCll Tj, J'JCO. PACi: 5 ^ > JM. IV' <f889)EUGENE NELSON 'knr^.ISLAND RECORD LOTS 16 AND 22 - FINAL SUDD RESOLUTION Jay T. Smeciberg was present. Assistant Zoning Administrator Gaffron noted that the Big Island Ordinance does have some inconsistencies. Gaffron noted that Smedberg recently purchased tl^e properties owned by Eugene Nelson. Gaffron noted that chis was a division for tax purposes. Jay Smedberg asked for extra time to speculate on his options for the property in question. Counciimember L. Adams felt that tlie Counci 1 could act on the application and still allow time for Smedberg to speculate on his options. CounciImember Grabek stated that Smedberg's options are limited anyway in that the entire property, when in common ownership, can only be one record lot. Councilmember Grabek moved. Acting Mayor Frahm seconded, to table the application tri months to allow the applicant ample time to seek his option;: for t,i • properties in question and further directed staff to amend the ordinance to eliminate errors before this item is placed on the agenda. Mot.icn, Ayes (2), Nays (1). Councilmember L. Adams voted nay. Adams felt that the division for tax purposes could be acted on tonight. RESOLUTION #1741 ACCEPT BIDS CRYSTAL BAY SEWER PROJECT City Engineer Cook reviewed with the Council the bids received for the Crystal Bay Sewer Project. Cook noted the lowest bid was from ARI in the amount of $691,587.65. Cook noted that the City has worked with ARI and has received satisfactory work from ARI. Cook noted the resolution for Council's action in which the Council would accept the bids but not award the project. Councilmember Grabek moved, Councilmember L. Adams seconded, to approve Resolution #1741, A Resolution Accepting Bids for the Crystal Bay Sewer Project but not awarding the project. Motion, Ayes (3), Nays (0). SET ASSESSMENT PROCEDURES CRYSTAL BAY SEWER PROJECT City Engineer Cook asked for Council's opinion on what information and what assessment procedure the City should notify the Crystal Bay residents and general tax payers of Orono. Cook explained that if Council decided on a 50/50 assessment with front lateral charges according to lot sizes the following would be a per unit cost; - ■ • lot the assessment would be $7,419.20/unit m.. CITY City of OROINO RESOLUTION OF THE CITY COUNCIL NO. _____________ OF ORONO A RESOLUTION APPROVING A METES AND BOUNDS CLASS I SUBDIVISION FOR EUGENE A. NELSON FILE 889 WHEREAS, the City of Orono is a municipal corporation organized and existing under “he laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by Eugene A. Nelson, (hereinafter "the subdivider") of a property legally described as follows: That part of Government Lot 3, Section 22, Township 117, Range 23, Hennepin County, Minnesota lying southerly of a line described as beginning at a point on the east line of said Government Lot 3, distant 260.00 feet south of the east 1/4 corner of said Section 22, thence southwesterly deflecting to the right 60 degrees to the shore of Lake Minnetonka and said line there terminating. WHEREAS, the subdivider has completed all requirements of the City for a metes and bounds Class I subdivision. NOW, THEREFORE LE IT RESOLVED chat the City Council of the City cf Orono hereby approves the metes and bounds division for Eugene A. Nelson according to the legal descriptions shown on the Certificate of Survey by Demars-Gabriel Land Surveyors, Inc., dated January 16, 1985 and attached to this resolution subject to the following conditions: 1. Parcel A and Parcel C, as described on the Certificate of Survey attached to this resolution, shall be legally combined for tax purposes and shall be designated as Big Island Record Lot No. 22 per Section 10.31 of the Municipal Code, subject to the pertinent ordinances thereof. i I r* ^ ..i1 a' ’ f ' W -l’ * •’I •A CITY OF ORONO3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO.________________ 2. Parcel B shall be legally combined for tax purposes with Lots 6, 1 and 8, Morse Island Park, and when combined under a special lot combination with Lot C, Morse Island Park, this property shall be designated as Big Island Record Lot No. 16 per Section 10.31 of the Municipal Code, subject to the pertinent ordinances thereof. 3. This resolution and the attached Certificate of Survey shall be filed with the Hennepin County Recorder's Office on or before September 25, 1985. The approval granted by this resolution shall expire if the filing has not been completed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. 1985. ATTEST: Adopted by the City Council on this 25th day of March, Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 1 • ■ • • . . .• , .. TJ1/I- •' ■. ’ \ A Lt #' v.' ■ ■ ,• , 4 4 •• To:Ororio Counci1 Members From: Michael P. Gaffron# Assistant Zoning Administrator Date:March 19r 1985 Subject: #889 Eugene Nelson, Big Island Record Lots 16 & 22 - Lot Line Rearrangement ~ Final Subdivision - Resolution Application - Formally Divide For Tax Purposes A Strip of Lakeshore on Big Island Zoning District - RS List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Plat Map Property Owners List Survey and Site Plan Title Certificates Record Lot Sketch Staff Letter to Jay Smedberg 3/8/85 Planning Commission Memo 3/13/85 Applicant is requesting that a narrow strip of lakeshore abutting Big Island Record Lots 16 and 22 be formally divided by the City for tax purposes. The division request is consistent with and a result of the discussions applicant had with former City Planner, Alan Olson when the Big Island ordinance was adopted. This lakeshore strip was somehow divided and torrensed as two parcels about 1970, but never approved by Orono and never divided for tax purposes. The City suggested that the applicant now bring this in for formal approval since he is ^oiling the involved properties. Please refer to Exhibit D and F. Record Lot #22 includes Lots 9, 10, and 11 of Morse Island Park (Parcel C on the survey) and the northerly portion of the lakeshore strip (Parcel A on the survey). The lot area of Record Lot #22 is 1.03 acres. Record Lot #16 includes Lots 6, 7, and 8 and both portions of Lot C in Morse Island Park, and the southerly portion of the lakeshore strip (Parcel B on the survey). The lot area of Record Lot #16 is about 2.01 acres. Although not a part of this application, note then that Lot 15, Morse Island Park will become Record Lot #7 0, and that the northerly portion of Lot 7, Morse Island Park 2nd Addition, will become Record Lot #71. Both of these are unbuildable by them selves. This application is serving to tie up some loose ends left over from the adoption of the RS Zoning District Ordinance. Note that the ordinance itself includes some errors in that Parcels M 23-117-23 32 0U13, 14, and 15 are included in both Record Lots 16 and 22. We will eventually be filing resolutions in the chain of tjutle of each of Record Lots 16, 22, 70 and 71 to preclude their future division and/or alert future buyers of the applicable development restrictions. The person who has purchased or will be purchasing Record Lot #16, Mr. Jay Smedberg, questioned whether Lot C must be included as part of Record Lot #16. Although the various parcels making up Record Lot #16 were previously owned by Mr. Nelson, his sister, and his mother, respectively, the Municipal Code clearly states in Section 10.31, Subdivison 6 (A) that when contiguous properties become commonly owned, they are by definition hence forth considered as a single Record Lot. From a zoning stand point Lot C is unquestionably part of Record Lot #16, cannot be a separate Record Lot by itself, and will be treated as part of Record Lot #16 regardless of Mr. Smedberg's objections. As an aside to this subdivision for tax purposes, note that neither Record Lots 16 or 22 have been formally acknowledged by the property owner through the automatic variance resolutions and special combinations. You may recall that in 1983 when the ordinance was adopted, each Big Island property owner was given 6 months to return the automatic lot area variance and combination forms. Alan Olson waived this 6 month deadline for Mr. Nelson's Record Lots 16 and 22 because certain included parcels were of separate unrelated ownership and later negotiation resulted in an agreement to create Record Lots 70 and 71 as stated above. It would be appropriate now that the properties are being sold to give the owners 6 months to complete the automatic lot area variance and combination acknowledgements. If they do not complete this paperwork, after 6 months they would lose the opportunity to be granted the automatic variance and would have to file a formal variance application in order to build on these Record lots in the future. Planning Commission recommended approval of this tax sub division conditioned on the northerly lakeshore strip (Parcel A) combining with Lots 9, 10, and 11 (Parcel C); and southerly lakeshore strip (Parcel B) combining with Lots 6, 7, and 8. Staff recommends approval of the subdivision per the attached resolution. ’m HINUTBS OF THE PLANNING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 7 lUGENE NELSON ILAND RECORD LOTS 16 & 22 SUBDIVISION OF A LO'; LINE REARRANGEME^ V Jay T. Smedberg was present. There was no one pre sent from the public for this application. Assistant Zoning Administrator Gaffron stated that this matter had been before the Planning Commission previously. There has been more research done to find out exactly what the property rights are for Big Island. This application is a proposal to divide the long lakeshore strip into two pieces, one that would be combined with Record Lot No. 22, one that would be combined with Lot 6, 7 and 8 and Lot C into Record Lot 16 and that does exist in the zoning code as Record Lot IS. The question was brought up last time was why is Lot C included with Record Lot 16, can it be or why can't it be a separate lot? Gaffron stated that in Section 10.31 of the code it specifically deals with future happenings on Record Lots, so that when a single party becomes owner of adjacent parcels of land they become, from a zoning definition stand point, a Single Record Lot, and that definition does include parcels that are separated by a platted un developed right-of-way. Rovegno noted that the lot in question is not a record lot of anything. Assistant Zoning Administrator Gaffron stated that there is a mistake in the code, which should be corrected. Mr. Smedberg stated that the only request on his application was getting a separate tax number for the two pieces of land which are recorded as separate torrens property. Assistant Zoning Administrator Gaffron stated that he agrees that approval of the divisions appropriate, and delete the condition that Lot C combined as part of this division. He noted that for about half of the Big Island record lots. Resolutions have never been completed, dating back to 1983. He felt that if we give the applicants 6 months to resolve the paper work for the automatic variances, if within 6 months this has not been completed they would loose the benefit of the automatic variance and would have to come in for a variance with the standard fees and possibly not be granted the variance. i WW pilWM• ^ r m MINUTES OF THE PLAu.,ING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 8 #889 EUGENE NELSON Callahan moved, Kelley seconded, to recommend approval of the subdivision for Eugene Nelson for property located on Big Island, Record Lots 16 and 22, as it is requested subject to the following conditions; 1. Parcel E must be combined with Lots 6, 7 and 8. 2. Parcel A must be combined with Lots 9, 10 and 11. Assistant Zoning Administrator Gaffron stated that the reason the parcels must be combined in this manner is that the City will never allow a subdivision to create a new piece of land that is unbuildable where there is adjacent property in com mon ownership that it is an integral part of. There fore, a combination would be required. Motion, Ayes (6), Nayes (0). #900 JAMES W. OGLAND RECORD LOT NO. 38 - BIG ISLAND VARIANCE - AFTER THE FACT PUBLIC HEARING 8:42 - 8:48 PM James Ogland was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron stated that Mr. Ogland is planning to build on his property. Big Island - Lots 25 & 26 Mor-.-w Island Park, and in reviewing the file it came to staff's attention that an illegal deck and small building had been constructed on the lakeshore sometime between the Su.i-mer of 1982 and September of 1983. (Gaffron pre sented teh Planning Commission with photographs of the decking and shed, originals in Big Island file. Lot 38.) Gaffron stated these structures were built without permits. Gaffron noted that Mr. Ogland was requested to bring this matter in as an after-the- fact variance application or that he tear it down. n -.. f. W ■' •••-i Mr. Ogland stated that one reason the decking was built was that the shoreline is very steep and muddy. Mr. Ogland noted that he had tried to plant grass but the property faces east and nothing would grow. Mr. Ogland did mention that there is a sand/dirt base under the deck, thus should not be considered hard cover. Rovegno noted that in other cases where there has been a problem with a steep shoreline, the City has approved lock boxes. r CITY OP ORONO P.O. Box 66 Crystal Bay» MN 55323 473-7357 ZONING PILE HOi^8 8 9^/ NOTICE OP PLANNING COMMISSION ACTION Date of Notice; 3/20/85 TO: Eugene Nelson COPIES TO:Judy Frommes 2115 east 36 1/2 Street Samuel McCloud Minneapolis MN 55406 Jay Smedberg Gary Gabriel - Demars-Gabriel TYPE OF APPLICATION:XX Subdivision Date of Meeting; 3/18/85 Vote; Planning Commission recommends the following; XX Approval; Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 6 For 0 Against Recommended approval of the subdivision subject to Parcels A and C being legally combined for tax purposes, and Parcel B being combined with Lots 6-7-8, Morse Island Park. The attached Resolution will be presented to the City Council on Monday, March 25, 1985 for their approval. Applicant must provide; 1, A revised certificate of survey including signature lines for all involved property owners (spouse and all other persons with interest in the property — all signed), the Mayor, City Clerk and date of final approval. 2. Two copies of survey 1”=200' for City and County records. It would expedite matters if these could be brought to the meeting on Monday, March 25; if there is not time to have them done, as soon thereafter as possible. Please contact me if you have any questions. Applicant's next scheduled meeting is confirmed as; Council March 25, 1985 If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you des re certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To:Planning Commission From:Michael P. Gaffron» Assistant Zoning Administrator Date: March ?3, 1985 Subject: #889 Eugene Nelson, Big Island - Subdivision List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J - Application Plat Map Property Owners List Survey and Site Plan Title Certificates Record Lot Sketch , /„e Staff Letter to Jay Smedberg 3/8/85 Selections From Code Section 10.31 Lot Area Variance and "Special Lot Combination Resolution and Other Initial Mailing Documents Minutes, 2/19/85 Planning Commission Meeting Planning Commission tabled this request at the February meeting pending further staff discussion with the current and pending property owners regarding whether Lot C should be or can be a separate record lot. A thorough review of the RS Zoning District regulations reveals that when owned in common with the adjacent Lots J fl Tot C cannot by code be a separate record (see 10 31 Subdivision 6 (A), attached). The original intent in crating record^lots in the RS zoning District was to recognize exlstina ownership and usage patterns. Lots # ^ historically owned by the applicants (Eugene Nelson Lot C was owLd by his mother; a cabin exists ^^‘^city To<-« a 7 & 8 were used as access to Lot C. Both tormer uiyy Planner, Alan Olson and the Nelson family members agreed that the historical pattern of use was •! r> that is how the applicant is selling it to Mr. SmedLrg. But Section 10.31 Subdivision 6 (A) that when contiguous properties become commonly owned, they by delinUion are X considered as a single record lot. To quickly capsulize for you the process that was followed when the RS District was created: 1. The record lot determination, including which parcels are included in each record lot, became part of the ordinance creating the zoning district. i 2. Staff sent to each property owner the following documents for approve 1» signature and return: i la .1 a) b) c) d) e) Ordinance Summary Cover Letter Official Record Lot Notice Combined Tax Assessment Request Form Lot Area Variance Resolution 3. When documentation was returned, it was taken to Council for final approval and filing in title; or If documentation was not returned by property owner within 6 month deadline, automatic lot area variance was not granted. Owner would have to apply for lot area variance at such time any construction was planned on the property and pay the standard variance application fees. Approximately half of the record lot resolutions have been finalized to date; a few have been returned and are awaiting submittal to Council; many have yet to be returned and finalized. The process of combining lots that are separated by un developed rightS“Of—way, known as a "Special Lot Combination , is simply the Record Lot Resolution filed in the chain of title of the affected properties. The County will not combine the ta\es over the right-of-way in most cases, but for zoning purposes the record lot is considered combined and portions may not be resold individually. (Sample resolution - see Exhibit I.) I suggest you re-read all of Section 10.31, Subdivison 6 as a review of the Record Lot Area requirements. Note that the code specifically deals with Mr. Smedberg*s problem and that he really has no choice in whether or not Let C is part of the record once he is the owner of C and 6, 7 & 8. His only recourse would be to ask Council to amend the code. Staff has discussed briefly this division with the applicant and the realtor involved and has had discussions with Mr. Smedberg leading to the letter to him (Exhibit G) which I strong ly suggest you read as an outline of the action to date on this property. My memo of 2/11/85 still stands; staff recommends approval of the division of the lakeshore strip for future combination with the respective adjacent properties. Now, remember that the record lot resolutions not only restrict the future sale and use of the Big Island properties, but they grant an automatic lot area variance for those record lots which are buildable but substandard in size. Since the deadline for completion of the required acknowledgments and paperwork was rescinded in this case, ic is appropriate that we now require the applicant and/or the future property owners.to complete the record lot paperwork within 6 months or lose the benefit of the automatic lot variance. in ■' ■ 'V -'.1^ . f -.i'. 1 CITY CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323• Municipal Offices OF I ORONI^On the North Shore of Lake Minnetonka March 8, 1985 Mr. Jay T. Smedberg P.O. Box 590 Excelsior, MN 55331 Dear Mr. Smedberg; Re: Biq Island Property Having had discussions with you, with Eugene Nelson, and with Judy Frommes of Century 21, it appears necessary to review the history of the Big Island property and reiterate the City's position on Record Lot #16. 1. ^.V After the RS Seasonal Recreational zoning regulations were established on December 30, 1982, a letter was sent to Mrs. H.R. Nelson, Mrs. Victoria Arneson, and Vivian Nelson (the first two living at the same address) dated February 15, 1983, informing them of the proposed Record Lot deter- minatio*!. At that initial contact. Record Lot #16 was considered to include Lots 6, 7, and 8, Morse Island Park (owned by Victoria Arneson); plus all of Lot C, Morse Island Park (owned by Mrs. H.R. Nelson); plus half of Lot 7, Morse Island Park Second Addition (owned by Vivian Nelson). No portion of lakeshore property was included in Record Lot #16 since the abutting lakeshore strip was owned by Eugene Nelson as part of Record Lot #22. 2.On March 27, 1983, City Planner Alan Olson discussed the record lot determination with Victoria Arneson. She stated that she had no problem with combination of her lots with her mother's lot (Lot C) as long as she couuld still build on her Lots 6, 7 and 8. Victoria and Alan agreed that the most likely location for a new cabin would be on Lots 6, 7, and 8 rather than at the site of the old cabin on Lot C. Alan noted that under the combined Record Lot #16, a new cabin could be built on Lots 6, 7, and 8 and at the time the building permit is requested, a decision would have to be made whet-ier to keep the old cabin on Lot C as a guest house or tear it down. UNG k ZONING - 473-7)57 • ASSI SSIVG ADMIVSTKATION & I ISa NCI - 473-735«HI BMC VkijHKS 4T) 735V J I • Mr. Jay T. S.T.edfcerg Page 2 March 8, 1985 3. I ' On May 17, 1983, Alan Olson sent a letter to Victoria Arneson and Mrs. H.R. Nelson regarding the unique aspects of Record Lot #16. A copy of that letter is attached. The main points of the letter are: a)The record lot as originally defined consists of 2.16 dry acres, contains one cabin, has historically been used as a single building site, and was therefore defined as a single record lot in the ordinance. Because of the separate ownership by related persons, the option was open at that time to list the separate portions as separate record lots. However, Alan stronaly recommended that the combined record lot option appeared to most closely fit the needs of the owners and the City's planning purposes. Resolutions for the combined option were included with the letter. They were never returned. The letter also rescinded the July 1, 1983, deadline for completing the resolution forms, but did not set a new deadline. On July 27, 1983, Alan Olson had a discussion with Euqene Nelson regarding Record Lots #16 and #22, noting the two separate torrens certificates for the lakeshore strip, and stating that the half of Lot 7 Morse Island Park Second Addition, should be a separate record lot. He also brought up the possibility of the Park Reserve District acquiring a portion of Lot C. (This never came to fruition.) At this point Alan expected Eugene to send the torrens certificates to the City for verification, and to send in uhe signed revised resolutions and combination forms for both Record Lets #16 and 22. We received the torrens certificates but not the signed resolutions. # Upon Alan's resignation in September, 1983, he left staff an update memo on the current status of the Big Island record lots. The portion of this memo dealing with Record Lots 16 and 22 is attached. Since no action had been taken by the City or the propoerty owners, when Gene Nelson finally decided to sell the properties off in 1984, I was contacted by Judy Frommes regarding the two record lots, and I sent a letter regarding P2cord Lot #22 to the purchaser, Mr. Samuel A. McCloud, on November 28, 1984; and sent a letter to Frommes regarding Record Lot #16 on December 5, 1984. Based on the information in our files, and from my discussions with the people involved, the following is my understanding of the current situation: 1.The existing ordinance includes Lots 6, 7, and 8 and Lot C of Morse Island Park, and half of Lot 7, Morse Island Park Second Addition, as Record Lot #16. UJWIVI • >-'^i Mr. Jay T. Smedberg Page 3 March 8, 1985 2. Eugene Nelson and his relatives never have formally resolved the record lot status of this or the McCloud property. 3.Since half of Lot 7 Morse Islf.nd Park Second Addition is separated by a roadway from your property, is not involved in your purchase agreement, and is owned by a separate party, the City will agree to designating it as a separate unbuildable record lot. 4.The original intent in defining record lots on Big Island was to preserve the existing patterns of usage. The parcels which you are purchasing, although owned by a motner, daughter, and son, respectively, have beeen historically used as a single property. 5.Section 10.31, Subdivision C(A) of the Municipal Zoning Code defines the "record lot" in the Seasonal Recreation District, and specifically requires that when contiguous or abutting property (including properties separated by unimproved rights-of-way) are owned in common or become owned in common, they shall in total become a single record lot. A copy of this section is enclosed for your reference. Therefore, although I may have indicated to you over the phone last week that there might be some leeway in considering Lot C as a separate record lot, there is no question that when Lot C and Lots 6, 7, and 3 are all owned by you, they are considered as a single record lot and may never be sold separately without City Council approval under specified conditions [Section 10.31, Subdivision 5(C)). Presuming the City approves the subdivision of the lakeshore strip, your Record Lot #16 will include the southern portion of the lakeshore strip and Lots 6, 7, and 8 and C of Morse Island Park. In order to receive benefits of the automatic lot area variance granted per Section 10.31, Subdivision (6)(F), you will have to acknowledge the record lot on a form provided by the city and apply for a combination of all separate tax parcels per Section 10.31, Subdivision 6(E). We will extend the deadline for execution of these documents to September 15, 1985. If you have not returned them by that date, no automatic variance is granted and you will have to make a formal variance application to the Council (current fee is $150) in order to construct a new cabin anywhere on the property. By completing the automatic lot area variance forms, you maintain your right to repair, expand, or replace the existing cabin. If at some future date you wish to build a new cabin and retain the old one as a guest house, a conditxonal use permit would be required. i 4 j '«F Mr. Jay T. Smedberg Page 4 March 8, 1985 m-:- ■ In summary, the properties you are buying will be considered as one record lot, may not be sold off separately without Council action, and you have six (6) months to acknowledge this formally or lose the benefits of the automatic lot area variance. Please contact me as soon as possible if you have any questions. I am recommending to the Planning Commission that they recommend approval of the lakeshore strip subdivision subject to all property owners involved being given six (6) months to complete the automatic variance paperwork or lose the opportunity to be granted the automatic variance. As soon as the subdivision is approved by Council, we will draft the proper automatic variance and lot combination documents for signature by the respective property owner(s). Please call me if you have any questions. Assistant Zoning Administrator CrEnclosures - Letter to property owners (2-15-83) Letter to property owners (5-17-83) Alan Olson memo (9-23-83) Mike Gaffron letter to McCloud (11-28-84) Mike Gaffron letter to Frommes (12-5-84) Code Section 10.31, Subdivision 6(A) Plat Map Joanne Mabusth, Building & Zoning Administrator Eugene Nelson Judy Frommes i i- ■ ’■fji Mimm - ' ■ I- V u.t. iJ. .iiiififitij 1 > ^ ; 1 MINUTES OF THE ORON^ PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 3 #8^ EUGENE NELSON BIG ISLAND RECORD LOT #16 LOT LINE REARRANGEMENT SUBDIVISION PUBLIC BEARING 7:56 - 8:16 PM & 22 lr< Eugene Nelson was not present. J.T. Smedberg was present to represent his interest in the subject property. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth noted that this application is to formally divide a strip of lakeshore on Big Island for tax purposes. Mabusth stated that this subdivision is serving to tie up some loose ends created in 1970 when the registered land was divided without City approval. J.T. Smedberg stated that Orono made this proposal a few years ago to Eugene Nelson and Nelson never responded. Smedberg noted that the property at that time was owned by three different persons. Smedberg noted that the RS Zoning District was created for seasonal use and were grouped together according to family ownership. Smedberg stated that Nelson's sister owned some of the property and then he bought the property from Eugene Nelson. Sime felt that he could not act on the application tonight because of the misunderstandings between applicant, new owner, and staff. Sime moved, Taylor seconded, to table Nelson's lot line rearrangement application in order to allow time for staff to work with new owner and applicant. Motion, Ayes (5), Nays (0). Planning Commission asked staff to submit a report concerning the RS Zoning District on Big Island and the intent of such ordinance along with the separation of ownership by right-of-way (roads) on Big Island. PROPOSED 7VMENDMENT OF THE FLOOD PLAIN/WETLANDS MANAGEMENT SECTION OF CODE PUBLIC HEARING 9:50 - 9:58 PM Zoning Administrator Mabusth noted the affidavit of publication. Mabusth explained the the Department of Natural Resources (DNR) has setforth different setback standards for specific lakes and a drainageway within the City. Rovegno asked staff to find where it requires the City to adopt the DNR's regulations. Chairman Callahan closed the public hearing at 8:16 p.m. \ r CITY OP ORONO ZONING PIJ^ NO. 889 / V ^ NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice:2/22/85 TO: Eugene Nelson 2115 east 36 1/2 COPIES TO: Street Jay T. Smedberg P.O. Box 590 55331Minneapolis, MN 55406 Excelsior, MN TYPE OF APPLICATION;XX Sul-'j.vision Date of Meeting: 2/19/85 Vote: Planning Commission recommends the following; XX Tabled; For reasons noted below NOTES AND SPECIAL CONDITIONS: For Against This item was tabled pending further discussion by staff and applicant(s) to determine final disposition of Lot C (part of Record Lot #16 or a separate Record Lot). Please contact Mike Gaffron as soon as possible (473-7357) to discuss this matter. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the March 18 meeting is March 8, 1985. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. . II I M 1. ... K. mMa A hBI I MM ■ ■« . (fb M • B-WW . Mt i i ~l IMt fca gM BT ■ To:Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: Subject: February 11, 198^^ #889 Eugene Nelson, Big Island Record Lots 16 and 2 Lot Line Rearrangement o Application - Formally Divide for Tax Purposes A Strip of Lakeshore on Big Island Zoning District - RS List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Survey and Site Plan Title Certificates Record Lot Sketch Applicant is requesting that a narrow strip of lakeshore abutting Big ::sland Record Lots 16 and 22 be formally divided by the City for tax purposes. The division request is consistent with and a result of the discussions applicant had with former City Planner, Alan Olson when the Big Island ordinance was adopted. This lakeshore strip was somehow divided and torrensed as two parcels about 1970, but never approved by Orono and never divided for tax purposes. The City suggested that the applicant now bring this in for formal approval since he is selling the involved properties. Please refer to Exhibits D and F. Record Lot #22 includes Lots 9, 10, and 11 of Morse Island Park (Parcel C on the survey) and the northerly portion of the lakeshore strip (Parcel A on the survey). The lot area of Record Lot #22 is 1.03 acres. Record Lot #16 includes Lots 6, 7 and 8 and both portions of Lot C in Morse Island Park, and the southerly portion of the lakeshore strip (Parcel B on the survey). The lot area of Record Lot #16 is jbour 2.01 acres. Although not a part of this application, note then that Lot 15, Morse .Vsland Park will become Record Lot #70, and that the northerly portion of Lot 7, Morse Island Park 2nd Addition, will become Record Lot #71. Both of these are unbuildable by themselves. This application is serving to tie up some loose ends left over from the adoption of the RS Zoning District ordinance. Note that the ordinance itself includes some errors in that Parcels 23-117-23 32 0013, 14, and 15 are included in both record Lots 16 and 22. We will be filing resolutions in the chain of title of each of Record Lots 16, 22, 70 and 71 to preclude their future division and/or alert future buyers of the applicable development restrictions. . . . . , . . . ., ^Staff recommends approval of the subdivision subject to the combination of Parcel A with Parcel C, and the combination of Parcel B with Lots 6, 1, 8 and C of Morse Island Park. . 't 11 t \ W'<. 1 .■ ■,' ■■ •V L..: ■'r* _ _ __ 4 -O r Ff r-.:' kt^ City of ORONO © RESOLUTION OF THE CITY COUNCIL NO. _______________ k%*, ^ ^ 'i APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO PURSUANT TO ORDINANCE NO.246, SECTION 34.366 »• A f BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota; FINDINGS 1. That is (are) the owner(s)/taxpayer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City; (See attached Exhibit A) 2.That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has determined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 34.366 of said ordinance. 3.That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT la being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION 1 The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following Conditions: 1.This RECORD LOT including all the above described property combined shall henceforth be continued In common ownership by the same person or persons even if recorded as separate lots or tax parcels, and It shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2.Granting this variance means this RECORD LOT may be used for one- family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used. Improved, added-onto or replaced; all without requiring further City Council review of lot size, but subject to strict comp liance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 4 i . PAGE 2; RECORD LOT NO.RESOLUTION NO. 3.Granting this variance shall not vest any rights In the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amending, modifying or other wise limiting development rights and/or performance standards in the RS District. 4.The undersigned has read and understood the terns of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so limited by the City; and agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the_ _ _day of , 1983. ATTEST:CITY OF ORONO City Clerk Mayor (1)(2) Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of before me, a Notary Public within and for said County, personally appeared 1 known to me to be the personCs) described In and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES - i This document is being recorded for the benefit of tha City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City Of Orono P.O. Box 66 Crystal Bay, Mn. 55323 473-7357 f «• •. L CITY of ORONO CITY OF ORONO Post Office liox 66•Crystal Bay, Minnesota 55323 • Municipal Offices :.VA On the North Shore of Lake Minnetonka December 5, 1984 Ms. Judy Frommes Windward Propertiesr Inc. 2385 Shadywood Road Box 15 Navarre, MN 55392 Re: Big Island Record Lot 116 Dear Ms. Frommes: It is the City's understanding that the property known as Record Lot #16, which is now being sold, will not include half of Lot 7, Morse Island Park Second Addition (P.I.D. #23-117-23-32-0044). This situation is agreeable to the City, with the understanding that this 0.15 acre parcel will be recognized with a new record lot number by itself and will henceforth be considered as a substandard unbuildable lot per Zoning Code Section 10.31, Subd 6(g). Record Lot #16 will then include the following parcels: PID Number Description 23-117-23-32-0001 23-117-23-32-0002 23-117-23-32-0010 23-117-23-32-0011 23-117-23-32-0012 Part of Lot C, Morse Island Park Remainder of Lot C, Morse Island Park Lot 6, Morse Island Park Lot 7, Morse Island Park Lot 8, Morse Island Park In addition, once the formal subdivision has been approved by the City of Orono, Record Lot #16 will also include the portion of the lakeshore strip (P.I.D #22-117-23-41-0001) located adjacent to Lots 6, 7 and 8. Hl’IiniSftit /OMVe: J71.7U7 \miisKtw ATinv M _ 4*>i IM Of ir urn/rc Ms. Judy Fronunes Page 2 December 5, 1984 I am forwarding to you the following documents: 1. Lot Combination Request Form. This is to combine the property for tax purposes. It is likely that the two parcels comprising Lot C will be combined, and that Lots 6, 7 and 8 will be combined, resulting in two tax statements. It is unlikely that the County will combine across the right-of-way unless a street vacation is approved by the City. It is also unlikely that the County will combine Lots 6, 7 and 8 with the lakeshore strip unless approval of both school districts is granted. I would suggest you consider the possibility of a street vacation (there may be objections by the power or phone company) and not bother with the school districts. 2. Lot Area Variance Form - Standard resolution form. This will be recorded in the chain of title of the affected properties. There is no charge for this variance application. 3. Subdivision Application Form - In order to divide the lakeshore strip, a formal metes and bounds subdivision for tax purposes must be approved by the City. 4. Street Vacation Application Form. Suggested order of procedure: 1. Apply for the subdivision of the lakeshore strip. * 2. Apply for street vacation of the portion of "Moslin Avenue" between Lot C and the other affected lots (6,7 and 8), (perhaps Mr. McCloud would join in the vacation of the portion along his Lots 9, 10 and 11). 'On the face of it, I don't know that the City would object to vacating this roadway, but the Big Island neighbors might. * 3. Apply to both school districts to have their boundary moved so that che lakeshore strips can be combined for tax purposes with their adjacent lots. 4. Once the above items are complete, return the signed lot area variance forms and the signed lot combination forms to the City. •NOTE: We consider Steps 2 and 3 as optional based on the whims of your client(s). Please contact me if you have further questions Sincerely, Michael P. Gaffron Assistant Zoning Administrator ' «4>w ’• ,.«u«i»> :■■ Bm i CITY OF ORONQ CITY of ORONO Tnsi OlTia* iJiix l)<>• Crystal Hiiy. Minnfs«»i i S.'i J’J.'l• Municipal Offices On the North Shore of Lake Minnetonka May 17, 1983 Mrs. Victoria Arneson Mrs. H. R. Nelson 3115 Cedar Avenue South Apt. 3 Minneapolis, Mn. 55407 RE: Big Island Record Lot No. 16 Dear Mrs. Ariieson and Mrs. Nelson, Enclosed is an information packet on your Big Island prop< ’.ty as sent to all owners on the island. The purpose of this is to inform you about the new zoning ordinance adopted last December, and to record information about your property to ensure that your building rights are protected to the fullest intent of the ordinance. I apologize for the delay in getting this informaicon to you. One reason for the delay is that your property as identified by this Record Let is unusual in several respects. I want to be sure that you understand what the ordinance says and what options you have available. The basic intent of the ordinance was to protect and preserve the existing lots with cabins on them, and to allow creation of new building sites only on lots of 5 acres or more in area. This Record Lot totals 2.16 acres of dry land (plus 1.25 acres of wetland) and has one cabin on it, so it has been defined as one building site in the ordinance. What makes your land unusual is the related ownership cind use patterns that tie together separate parcels owned by three persons: 1.The cabin is located on inland property listed to Mrs. H. R. Nelson. This could be a separate record lot except that access from the lake to the cabin runs thru the Arneson lots. 2.The vacant hillside listed to Victoria Arneson totals about 0.65 acre, which in itself is small to be con sidered an additional building site. But this is the ideal spot to put up a new cabin to replace the old one on the back lot. This could be considered a separate record lot because of the separate ownership if you want it to be. BL'lU}ISi:i /.OMNC •- 47J-7iJ7 • ANSI SSIm: ADMIMSTKATION & FINANCi: - 473-7358 rUBLIC WORKS - 473-7359 4 A Mrs. Victoria Arnoson ■Mrs. H. K. Nelson May 17, 1983 3.The last piece is 1/2 of lot 7 listed to Vivian J. Nelson. This is only 0.15 acre in area and land locked. It could be listed as a separate record lot, but would never be separately buildable. By including this in the one record lot some additional lot area credit is gained without loosing any build ing rights. YOUR OPTIONS A. You may choose to have the H.R. Nelson and V. .Arneson lots listed as two separate record lots ; nstead of one. This would recognize the two separate owners even though you are related and living at the same address. B. You may choose to have the H.R. Nelson and V. Arneson lots listed as one combined record lot, (with or without the V. Nelson 1/2 lot) which is the way the ordinance provides now. I think this is the way you view the property now. This would still provide three ways of handling the cabin: 1. 2. Keep using the existing cabin as is;or Replace the existing cabin with a new one located anywhere on the combined property, and without requiring any additional variance j-rocedure with the city (this is what the attached resolution is for); or 3.You could also apply for a guest cabin permit that would allow you to build a new cabin on the front lot and retain the old one as a guest cabin for occassional use. This decision doesn't have to be made now but only at the time you might consider building a new cabin. All things considered including your phone call to me last March, I think that Option B(the one combined record lot)will best serve both your needs and the citys' planning purposes. IF YOU AGREE WITH OPTION B, please sign, have notarized and return the white variance resolution (form #2) with the signatures of both Mrs. H. R. Nelson and Victoria Arneson. The signature of Vivian J. Nelson and inclusion of her 1/2 lot is optional. Also then have the same persons sign and return the green lot combination form #3. IF YOU WANT TO HAVE THE H.R. NELSON AND ARNESON LOTS LISTED SEPARATELY, please call or write to let me know and I will have some revised forms made up for your signature. Don't worry about the July 1, 1983 deadline indicated on the forms. Since this notice to you is late, the July d'^adline will not apply. Please consider this carefully and give me a carl if you have any questions. Thank vou for your assistance. APO/msw Vivian Nelson 5009 W. 34th Street Minneapolis, Mn. 55416 0- « r To: From: Date: Subject Chairman Kelley and Planning Commission Members City Administrator Bernhardson e Jeanne A. Mabusth, Building & Zoning Administrator July 8, 1991 #1663 Mark Johnson, 4465 Bayside Road - Preliminary Subdivision - Public Hearing Zoning District - RR-*1B Total Area = 4.41 acres Lot 1 « 2.0 acres Lot 2 = 2.12 acres List of Exhibits - A - Application B - Property Owners List C - Plat Map D - Wetlands Map E - Septic Memo and Septic Map F - Oman's Letter 2/20/91 G - Preliminary Plat The applicant proposes the division of a 4+ acre parcel located just to the north of his larger homestead parcel. Based on the most western location of the existing drive serving Lot 1 and existing improvements, Lot 2 will require a new single curb cut. Access to Lot 2 may be via the drive located adjacent to the east lot line of Lot 2 that serves Mr. Johnson's homestead parcel to the south. Planning Commission may recommend the shared drive as a condition of approval. Review Exhibit D. Staff confirms that the wetlands to the immediate south is not located within the boundaries of the proposed subdivision. The City Engineer will be asked to make a recommendation as to the need for a drainage easement taken oyer the existing man-made pond just to the north of the existing barn. The pond more than likely served as a watering hole for animals maintained on the property. All lots meet the required width and have been confirmed with 2.0 acre dry contiguous. Outlet A shall be designated as an unbuildable lot within the final plat resolution and is available for combination with adjacent parcels along north side of County road. The oversized accessory structure at 1,648 s.f. located on Lot 2 will no longer achieve the credit of the principal structure located on the western lot. During an inspection of this site, the barn has been found to be in a serious state of disrepair. The City may requite total removal, or at a minimum, allow one year for new owner to apply for building permit for new residential construction (similar to the Cram application on Watertown Road). < v — ■^- - y -V Zoning File #1663 July 8, 1991 Page 2 of 2 Please review Exhibit E. The Septic Inspector has reviewed the septic testing completed for Lot 2, Weckman has also inspected the existing septic drainfield site on Lot 1. He finds a failing system that drains into wetland on south side of property. Weckman has asked that you delay all action on this subdivision until septic testing has been provided confirming suitable area for both principal and alternate on-site septic site for Lot 1. Staff recommends that approval is conditioned on a new septic system be installed prior to final plat approval. Please review Exhibit F. In a letter from Lyle Oman in February of this year. Brent Johnson was advised that a duplex use of this rural property is illegal. Note the use was confirmed by a newspaper ad advising of a studio apartment for rent. Steve Weckman, upon completing a septic inspection for Lot 1, made an attempt to contact the current renter, Brent Johnson, and found renters in the lower level. Staff has confirmed that the house is being used for duplex use. Staff asks that we delay all review of this proposed subdivision until the duplex violation is removed. Reconmendation - To table all action on the two lot subdivision application of Mark Johnson for the property located at 4465 Bayside Road pending resolve of the following: 1. Removal of duplex use violation. 2. Septic testing confirming suitable area for principal and alternate on-site septic system serving existing residence on Lot 1. iii'iiUM mii r » CITY OP ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site Address 4465 Bavside Road li h . '•? •T/-~ -’X Property Identification Number (P.I.D.) Please check one - Property ^ abstract or 06-117-23-21-0001 > 1 Uli Uf UiiV^U rr-'A.-r nccrrc > JL.’Trf'tUI. C» I Itrl. < T-rA'TY-.'f'.-i.'k 1 u ta'V«^VW'w\.' torrens?r/310.0^ HECK TL 310.0^vcrr^jT.TUAvv vnnMx-ui-i* • I f ntft> fijxj Attach legal description to application. ^216140 CCOl ROl j APPLICANT Neune Mark Johnson Address: A455 Bayside Road Phone (home) 472-2276_________ ___ Phone (work) 472-6223 Zip: 55359 T.'.O \// • . i v uv city : Maple Plain Phone (home)OWNER (if different than applicant) Brent Richard Johnson and Name Shiann Johnson_________Phone (work) Contract Purchaser Address: 4465 Bayside Road________ Citv: Maple Plain (attach list if more than one) (See Attached) Zip: 55359 EXISTING LAND USB Number of Tax Parcels Development Size 1 4.41 Present Use (check)X Acres Dry Land Acres Wet Land Acres Total, all parcels ^ • Residential; no. of units Other (specify)_ _ _ _ _ _ __ 1 Present Zoning District PROPOSAL - RR-IB _ _ _ _ __ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) ^ Subdivision for New Building Sxtes Number of Building Sites: _ ^ 1 Existing Units New Units Total Units Proposed Gross Tensity:1 Units per _^ Acres MINIMDM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' .(you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ 1. 2. 3. 4. 5. Payment of fees (park fees, filing fee, sewer and water assessments). Signed certificate of survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement $150.00 250.00 Preliminary Review (Class I & II Subdivision) Preliminary Review (Class III and all non-residential) 250.00 300.00 + 20.00/Lot Final Plat Review (Class III) *(Plu3 any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, Ciry Engineer, City Attorney, Planning Commission and Counc;P/ necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signatur Owner Date (p V Applicant must have axl submit^ls into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building fi Zonxng Office of this change prior to the meeting. i--:. .rr.', f • V ■\r . / .. . ^ —■ "pw*- y ” RtM DATE 06/10/9i i ^ » .' : , ‘ -V •BATCH 001' •. .1 ‘i ?■ »^V f • r-. i. • ■: • • i* I ' • ?'; f;; PROP AOOa \ • : ONNER KAHE * ‘TAXPAYER t •;*- NAHE/AODR • /' ‘ j S8l06-117-2S 12 0001^ 0^S60 BAYSIDB RD J A OLSON APE OLSON JANES A OLSON 4360 BAYSXDE RD HAPLE PUIN HN 55359 <;' * • iif HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM r PROPERTY OHNERS LIST r.;* •• r , J *• .*r- /• i • ■ * i . 1 '• M *- * ♦ • f •I •, % ; • ^ I i • iT : • ^ i;PROP ADDR CONNER NAME i : ; TAXPAYER • NAME/AODR/ 36 06-117-23 21 0001 04465 BAYSXDE RD NAP JOHNSON . ^ MARK S A PATRXC^A P JOHNSON 4465 BAYSXDE RD HAPLE PLAXN MN 55359 \ ■Vi;.. •;V;5 ■/* -t . 38 06-117-23 12 0002 04300 BAYSIOE RD NILLIAM F KNAPP HILLIAM F KNAPP 4300 BAYSIOE RO MAPLE PLAIN MN 55359 r • V i" ri ■ ! !. )rPM)P AOOR > ‘C onner nahe V ’. ^ M , . i*I » . >1 38 06-117-25 21 0004 j 04495 BAYSIOE RD ; 1 *1 . ‘ I'» V 38 06-117-23 21 0002 04455 BAYSIOE RD HAP JOHNSON HARK S A PATRICIA P JOHNSON 4455 BAYSIOE RO MAPLE PLAIN MN 55359 * vtTAXPAVER -.i'*NAME/AOOR - .s’t ^ I 0 A.B KELLEY GERALD P KELLEY 4495 BAYSXDE RD ORONO HN h 55359 -.i ft •*.*V -1’ . ;■ ' i’ - • t A • ; . ! . • 4 . ■* ' * * ,38 06-117-23 21 0005 04565 BAYSIOE RO PAS RENNEBOHM PETER A SHARON RENNEBOHM 4565 BAYSIOE ROAO MAPLE PUIN MN 55359 /'* ♦ !\ / . r ! ‘in 'Ji- j- . i i^" i 'i, PROP AOOR OltCP NAHE iTAXPAYER> <• ■ • . r. f'V 'in NAME/ADDR ^ IF/ * * 38 31-118-23 34 0012 ^ 04440 BAYSXDE RO^ ,1 J A A B J. BELLINI : • ^ JAMES A BELLINI [-7 4440 BAYSXDE RD : .t * r ‘ MAPLE PLAXN MN 55359 4 , • . <• 7 r I . ! T*. ..f'. ^4 i ■'V '-T.y; 58 51-118-25 45 0009 00058 ADORESS lAMSSIGNEO NATURE CONSERVANCY NATURE CONSERVANCY 1313 5TH ST S E SUITE 314 MPLS MN 55414 REPORT NO. PI435401 PAGE I H 38 06-117-23 12 0003 04355 BAYSIOE RD . VCI CAPITAL INC VCI CAPITAL INC PO BOX 375 LONG LAKE MN 55356 »*; i, • i* 38 06-117-23 21 0003 04485 BAYSIOE RD BONITA J WELLS B0t4ITA J WELLS 4485 BAYSIOE ROAD MAPLE PLAIN MN 55359 i 9 ' i *• 4 •Ji 38 31-118-23 34 0011 00030 LUCE LINE RIDGE JAP LEINTZ JOSEPH R A PATRICIA A LEINTZ! 30 LUCE LINE RIDGE MAPLE PLAIN MN • 55359 TOTAL BATCH 001 00011 "' CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST MY KNOWLEDGE AND BELIEF DATE t I /*(.• 'V..; v : ■. * \ •r 'Vj'" "‘U.■ •^'ii i ■> •••! to .*,i^ ■ %r .ii -n-ni;.. I • ♦ I. 4i ' >• ;i t • ' ’1 ie..* ’ . s: « Amt rfteiii 4I tttiui r: I' .• !>;■ To:Jeanne A. Mabusth, Building & Zoning Administrator Fr<»:Steve Weckman, Septic Inspector Date:July 3, 1991 Subject:Mark Johnson Subdivision, 4455 Bayside Road septic system information - Review of A. Proposed Lot 2 The primary drainfield site has been tested in the southeast corner of the lot. This site is acceptable for a mound with an average perk rate of 15.6 m.inutes per inch and a slope of 5%. The lot line setbacks for this site are 25* from the east lot line and 50* from the south lot line, and over 75* from the wetland on the property to the south of this lot. The alternate site is located north of the primary site adjacent to Bayside Road. This site is suitable for a mound system, having a slope of 4% and an average perk rate of 20.6 minutes per inch. The setback from Bayside Road is 20* while the setback from the pond to the west is 75*. The mound should meet the required setbacks, however, space is very limited on this site. Several trees may need to be removed when this site is used. Both sites are suitable for a mound systems serving a 4- bedroom home. These sites should be fenced off prior to construction to prevent compaction from heavy machinery. The eastern lot line should also be clearly marked to assure that the required 20* setbacks are met. B. Proposed Lot 1 The existing house on proposed Lot 1 has a septic system that is failing as noted on a recent inspection. The system consists of one concrete tank of unknown size and construction and a tile which surfaces in the wetland in the southeastern corner of the lot. This lot will require soil testing and design for a complete septic system and an additional drainfield site for future expansion. The existing septic tank will need to be Inspected to determine whether it can be used in the new system. Soil boring, percolation tests, and septic design must be approved by the City in order to complete the requirements for the subdivision. Isv 9 [ CETYof ORONO CITY OF aRQNGD Post Office Box 66 • Crystal Bay. Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka February 20, 1991 Brent Johnson 4465 'Bayslde Road Maple Plain, MN 55359 RE: Rental Apartment Dear Mr* Johnson: It ha. co«. to the attention of this^aepart«entj=y^^ Irlillng f «ntal unit is a violation of the Orono Mnnicipal Zoning Code. I would also like to point out that the septiojystem_on^^^^^^ a maximum silx height of 44 inches. sn-'.^a'ce^'- v‘=/:iari*o ‘„ sTod “ Vnd"i"^ pSni».^bl. by W day. i» Jail and/or a $700.00 fine. If you have any questions or if I can assist you in any way, feel free to contact me at my office. Sincerely, Lyle Oman Building Official S“SS2l*P."SSS2«A.®A«?t ”ll^?Sf ‘ “J’AdSiSIstrator Bruce Vang, Field Inspector LO/lav bk iinUMNC a ZONING - 473»'735T ASSESSING ADMlMSmAnON a RNANCX - 473.73a FAX-4734S10 PUBLIC WORKS - 473.73W i Chairman Kelley and Planning CoTunission Members Mayor Peterson and City Council City Administrator Bernhardson 3^ From:Jeanne A. Mabusth, Building & Zoning Administrator Date:July 3, 1991 Subject: #1659 Big Island Inc., Record Lots 12 & 19, Big Island Vacation - Public Hearing Pertinent Ordinance -> Section 10.12 - Applicant proposes vacation of unimproved dedicated right-of-way as shown on Exhibit B. List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Wetland Map E - Letter to DNR F - Section of Orono Parks & Proposed Trail System Based on earlier review comments of staff, applicants were advised that the area of the unimproved alley could not be Included within the dry buildable area needed to satisfy the 5 acre standard for a day-use conditional use permit. Required * 5 acres Existing » 4.74 acres Area of Unimproved Right-of-way Total Area = 5.02 acres .28 acres Staff has reviewed the location of the dedicated right-of- way in relation to the current ownership pattern, usage, topography and adjacent wetlands and finds no public use for the subject area. If there is a zoning density change at some time in the future and new lot lines are defined, the City will acquire drainage and utility easements at that time. The Park Commission was asked to review the vacation request at their 2nd meeting. Staff has been advised that the Park Commission di not address the vacation of the 20' alley and potential use of the area for a bike trail. This application will be rescheduled at the Park Commission meeting of August 6th. The DNR has been asked to respond to the proposed vacation of the 20' wide alley as it provides a public access to the lakeshore. Vacation of all right-of-ways that provide public access to the lake must be reviewed by the DNR. If staff receives no written comments from Ceil Strauss by your meeting date, staff will contact her office for conceptual direction. r Zoning File #1659 July 3r 1991 Page 2 of 2 In regard to the Park Commission's review of the vacation petition, staff would ask that you review Exhibit F - a section of the comprehensive park/bike trail system as developed by the Park Commission and approved by the Council. There are no trail systems shown on Big Island, only the Veterans Camp. The Hennepin County Preserve Park is not designated. It would appear that the Park Commission had not considered bike trails on Big Island. Staff will contact the Chairman to see if this is even a valid consideration for the Park Commission's review. Pending final determinations from the DNR, staff would recommend the complete vacation of the 20' alley as platted in the rearrangement of Lot 1, Kitchel's Subdivision of Govt Lots 5 and 6 finding no public use for the unimproved right-of-way. a ic-sf]fir CITY OP ORONO - GENERAL LAND USE APPLICATION, _ PROPERTY LOCATION Site Address Bie Island Record Lots g? 5^ and 19 N ( •* Property Identification Number (P.I.D.) 22-117-23-42-0020 22-117-23-42-0019 Please attach legal description to application if not included on required survey.rrry ,-iC -~,rnin t I t.’l UIMJItU APPLICANT Name Thomas A. Judd. Esc. I U t Phone (home) ^7U-2OU9J50-C'CC00 ---------------------Oi 1st*'. 00-r,* nr>vvPhone (work) 473-440i^t^7(I u I *”/I'imfti tOU Address Hassel & Enlow, 1055 E. Wavzata Blvd. City Wavzata ONNER (if different than applicant) Phone (home) ROl 709: Name Bie Island. Inc.Phone Address P.O. Box 188 City Excelsior Zip 55121 0020 - 6/29/84 Date Property Acquired 0019 - 9/12/86 _____________ (month/year) I KSD90 (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apart-ments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of laJceshore PRD/PID - see fee schedule OTE APPLICATIONS $200.00 $250.00 $175.00 $ 50.00 $250.00 $100.00 ireial Site Plan Review (+ consultant fees) Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Appeals Other - see fee schedule u a. A PRESENT OSB OP PROPERTY Present Zoning District Present Use of Property X Residential Other (specify) Recreational DESCRIPTION OP REQUEST Describe request in detail: vacation of alley (20 feet wide). a.s hioMighted on plat mao attached as separate » individua Sublots 2 through and are owned, in effect, by Island, Inc, re not sold 2. REQUIRED SUBMITTALS Center 348-3271). Plat Map. ,. j \Certificate of survey (signed by a licensed surveyor). • r _j Topographic survey (existing and proposed contours) i. xand alterations involve changes in elevation (grades;. Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 3. 4. 5. 6. 7. The enolicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ __ _ ___ _ _ _ _ _ _ _ _ _ Date- - - - - - - -- APPLICANT'S SIGNATURE .The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staf time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and information supplied is true and correct to the b' Applicant's signature Date hi /on’, agents, commission members, and Council members for purpo^i... of investigation and verification of this request Owner's signature v—^ - - - -_ _ r r . ___^ _ __ _ __c Date Applicant must have all submittals into the City offices 25 days before t third Monday of each month. Applicants must be present at all review meetings of the Planning Commission and Council. If unable to attend a scheduled meeting, please make arrangemer^.s . authorised agent attend in your place and advise the Building s Zoning Office of this change prior to the meeting. IA A 1 m . * • -’ / . - * X .• • • . >•• •* ... • •- ^» •% •\ • • • • r •• 1. —.1 • •• * !’ -i: • ^•. ; yi -rf.. V *• J% * S • .•.. -t,; ’ . V ,r ‘‘i-.-" ii; * .• • . • V 4 . •• . ... ,#—• V- .r -i:* ,*.- •. •'*.» *•’'•.'• v,:*‘ •• ' *.___ __ . . • 'X" —r .-•• .•• . f *’^* *^*-*•• "• •'.*■'vr-.i irT^J^^r !•- r^r.« fv-'V-' ijSy .•'V .-■ .me^nir •-••»- r"** r- « mV *• * (i MM DAT! 08/2?/90 lA '.J M • I ' ‘ J V . . H i; ] *. ^ v/‘ ^ lA- -uh:!:!- '.‘i. '.i.. ••‘V ^ ■* •• ; •VITMTCH OW ’. .!*j!*V • •^. 1^' •T •;. ' i V "• ; > * ? 11 )• *l| .4 W> ’V?|j ■ .;f. • . V. . : ■ • :4|>r ■ •' 58 •; t8-117-ts 8t 0001',‘ ■ ; 108 AD08/J lOOOSa AOMESS UNASSX6NED' • • 41 ■• HErtlEPlN COUNTY PROPERTY tripORHATIOH SYSTEH . PROPERTY OHNERS LIST • • »•*1 i.riA i REPORT NO. PI435401 : PACE ,15 ; * I* » • i' . I OMCR NAHE* f JANES A KXLBANE XXI ; A TAXPAYER' 4 JANES A KXL8ANE XXX \ > 'i; ^1.NANE/AOOR* !' EOX. OTTAHA AVE S ' V M it.. •■> 60L0EN VALLEY NN {V = BSilA l4 SS 22-117-23 42 0002 00030 ADDRESS UNASSIGNED TRISTXN 0 ERICKSON E1AL TRISTIN 0 ERICKSON 4567 N 76TH ST MPLS MN SS437 !-i U • ^ V: “>v ; 1?^ ‘ i 58i<22ill7^25U2'0020l;' , jl'i.V .-/ ' ,! .'t - ; . , ‘.iVPROP AOOR r.00036 . 'ADDRESS UNASSXGNEO-^; • ' ' \ ' 'h , ... v; 'j' .•: !M»MER NANE >N'N A N LORO ., ,-, • > ; i. TAXPAYER ; I'n ANE/AMM TW^ ’ ‘S’» |, B A MV IM .. •,* ^•.*1 '! ♦, * " , . .. ., - -----------------J i .,V.' '.1,, BIG ISLAND INC' V ..i4 ;• :j. total batch r 006 00004 . C ‘ 1 iXCELSXOR IM P 0 BOX 188. . . ' 55331 I. • » -'hi i; 1 la 22-117-13 42 0019 ^ 00038 ADDRESS UNASSIGNEO DIG ISLAND INC ] . . * DIG ISLAND INC f. ‘ . . PO DOX 188 . r ;l V EXCELSIOR NN ;• 55331 * i ’ ‘ . . iiV.l . *i, I } ' 1 • :• ■ . •• - , : "i H ^ ';:i- s -•‘I' /*“ • * \ y 3! f t) > t » . / I 1 • # \ I i i 4. I ■> .1, J ! 4 . J'»’. , * • * 17 \ • I i»,. 2.-*. n ■ :! .' • •« A . * . :i ‘ U ^ • V / • 1 ‘ • * I • • * t ' t* '* * I 'r-• vv.i ' • :: sn^i . .i)'*;’ .• I'.ip. ' •-•i-i/v.; {- • ,* .* ' 4 ^ , •■■■• Vit .:•■■ ' ■■■ ' ■ • r i I• L V » i/ i •. L*’*. •.. v;^ . * ? . J 8 8 :V t • t r‘- » . *. •. ♦ 4 » . •V/i •• • ;* I Ui •:*•tt, 4 »•» V • 4*1.. i V‘ . I , A • ' *• t » • , »,i*®606 * ■' ‘-J-Jv*' »'#»#• • I. ;*"*" ^ . >• * I''• i 11 ! f ? r • \'i' 1:‘. I* . * • f .•!'-r h ; \:W‘ ’ •!CERHFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE I REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE OF THE HENNEPIN COUNTY DEPARpCNT OF PROPJRTY TAXA'HONt.TO THE OF HY KNOHLEDGE AND BELIEF. • > ^ i » t • records ; ;• j lE BEST t*: i'l.: .4- L-: ■' K . • \ • * • • ^ ' 4 i "4 •i • I :« \V i. ' • .4 i * • . • . ]' '■ V I' .i 1. • »• ' i ■ ■ .*•?■•• I. • ■}• ,-A t' 's : •'.rii’.-lvVf • Vi,.. • Vv ^»4r;iiVVi • • ‘‘ Vvi:|’U i ••' «;'*■ ''''('i*! ; • • .i . •; « . ’’ ' • ' • I'i- ri '? ■ « J i'■ • l■' ■^ • * '1 ' • r •» .Ip.* ‘ i i! f I » t . I * • •• L diiiiwtAid8f 4 I.I* .;»*v >^vt ..M. «-«>«■ • •% . • ‘ • r*. . ^' *' • »:* ♦•'f **'« *.' * * 4,ii, .vW«k •- ••Ski/-- ■ ■ •' (-•ill 4IIJ1* I _ •«<• 1' i kr-»<Mr»» ‘ja>T*’•t*V*» » •.i, ,-—A j r . W t ■ *i_ * * •v ♦ ‘ f.t ^ \. • ", rny /* ... ‘ -•; ^ , *: : .» , 'm » . ^ v_y J ^ . . . . ^ , . • .•«•--• —— - 'T_i *.• »-• . ... . • •.k.p . _a_- _ . _ . . \ \ »« \ -• •, O' ^ y y '. ..J' 'if / / -------, ; •,■■4^^, ■,. 4^-, , ^ -r _ ‘ .V W- ...,. . •* - - ..*• • • * A *»• * •■< Bi \ -■x-.^f.i'^Mo [ • » '» « »^ .-• « • ***■* » «> * «1R* ^ ___________ _ ..^ ^ ^ . ■ ------- - ..PM .. ■ 1M~--------- ~ W j| I » . -*.-r -nr-'-•'T/'i-'»— mI p . ‘ A V. . A-- •• ^ ; _ _______-i i ».lv.. ■•.... . ----------------------- ^ jT.f" ^#r* ■•'’%*■ T • »•» **• ,k. t•. ^ ~ ■ I IiTirW^^*^ .anr-- ^sr-—- WT* ■1‘iy .^.,k\£v^;30C:?JtXkNil>^^ I •s^.k'c-MWBiTK k 'v '.•'.'•*,>?*-A rr:r3S2srEaaKsr^i..nrr.n ‘r.^ V 111 [fmitiril-i—ik^TT-r > y.** -V S,i> *-‘^iT'-C..^V'.' . >■...*• oo CITY of ORONO Munkipttl Offices Pdst Office Box 66 Crv staJ Bar, Minnesou 55323-0066 July 2, 1991 Cell Strauss Department of Natural Resources Region VI Waters 1200 Warner Road St. Paul, MN 55106 RE:Vacation of 20' alley as platted within the plat of rearrangement of Lot 1, Kitchel Subdivision of Government Lots 5 and 6 Dear Cell: The City of Orono's Planning Commission is reviewing the request of Big Island, Inc.'s application for the vacation of the 20' alley as shown on the enclosed plat map. The entire peninsula consisting of Record Lots PID #22-117-23 42 0020 and 22-117-23 42 0019 are under single or common ownership. As currently owned, the platted alley has no functional/public use. The DNR is asked to review and comment to determine if they find any opposition tc the City approving the vacation of the platted alley. The City of Orono's Planning Commlsslcn will be reviewing this request at their July 15 meeting. We v»ould appreciate your preliminary comments before that meeting. Please let me know if you need additional information. Sincerely, Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv miLSMwcn .11 mmM mMm wd )4A^f>ran t m • ‘VS t¥ f Orono, Minnesota ii mm 'Vn TiJ>‘-1' J “7-n 1 1 0 1000 2000 ft < * 500 __M. 0 1 —-uic I vp ml. > BONESTROO, ROSENE, ANDERLIK & ASSOO. 1HC CONSULTING ENGINEERS St. Piul, Minnesota f 6i^) To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From:Jeanne A. Mabusth, Building 6 Zoning Administrator Date:July 5, 1991 Subject: #1606 Big Island, Inc. - Record Lots 12 & 19 - Conditional Use Permit/Variance, 1991 Joint Use Dock License Continuation of Public Hearing Zoning District: RS - Seasonal Recreational List of Exhibits Exhibit A •• Exhibit B - Exhibit C - Exhibit D - Exhibit E -- Exhibit F - Exhibit G - Exhibit H - Planning Commission Minutes 11/19/90 Planning Commission Action Notice 11/27/90 City Attorney's Opinion Staff Letter 5/3/91 Judd Memo Addressing Requirements of Conditional Use Permit for Day Use Recreation Area Special Lot Combination Judd Letter 6/18/91 Updated Survey Pertinent Ordinance- Please refer to the enclosed staff memo dated November 14, 1990 that completed a comprehensive review of pertinent ordinances. The ordinance sections reviewed below shall be those related to outstanding issues. Section 10.31, Subdivision 3C- Required lot area = Minimum 5 acres (.1 acre per 20 users) Total area = 4.74 acres (Per current survey, March 21, 1991 based on 929.4 elevation) Area of 20' alley « .28 acres Total area upon completion of vacation = 5.02 acres (refer to Application #1659 for detail on vacation proposal) Section 10.31, Subdivision 6B - Tax parcel combination required. Proposed single use for both record lots requires legal combination. Refer to Exhibit G. The third paragraph of Mr. Judd's letter advises why legal combination is not possible. The City has asked that the Association complete a special lot combination to ensure legal status as a single unit based on City Code's directive. Please review Exhibit F. Section 10.31, Subdivision 8A - Lakeshore setbacks. The major repair of wooden swimming dock is reviewed under Application #1660. Major repair of non-conforming structure requires variance approval. The dock/deck is located completely within 0-75' setback area. % Zoning File #1505 July 5, 1991 Page 2 - . LMCD Ordinances Section 2.03 - Allowed Dock Length A. Allowed = 100' Previous year = 125' Current year = 100'- The current water level will not necessitate extension of dock beyond 100*. Review of Application The applicant's propose a day use recreation area requiring conditional use permit approval. Please note the conditional use permit for day use recreation allows for occassional overnight camping. Standards set forth in the code for such use are listed under Section 10.31, Subdivision 3 (C) (1-9). Status of Application At the November 19, 1990 meeting of the Planning Commission, the application was tabled pending the receipt of additional information and legal clarification as to whether Big Island, Inc., an association of unrelated members, qualifies as a legal applicant and whether this association must be a non-profit corporation. The City staff was also asked to confirm actual number of members <n relation to existing area and to inspect facility to determine how association's use complies with Section 10.31, Subdivision 3 (C) (1-9). In addition, staff was to review overnight camping use of association to determine if a separate ‘ i< ‘ ■ ■ ■ ‘ ■ 'conditional use permit would be required. Response to Issues Raised Above A.City Attorney's opinion concerning legal issues raised with current application. Review Exhibit C. 1.Non-profit corporation. Clearly Big Island, Inc. is a for-profit corporation. As Ms. Shapiro's opinion notes, the corporation does not pay dividends nor do shareholders realize any profit in the event assets of the corporation appreciate but if the corporation is dissovled pursuant to the sale of the property, current shareholders would share in the disposition of the proceeds of that sale. This suggests that the corporation is for profit rather than non-profit. Ms. Shapiro is not convinced that your code suggests that this is required. L_ If KP E» » Zoning File #1606 July 5, 1991 Page 3 2.For profit association as a legal applicant. Big Island, Inc. is made up of unrelated individuals who meet at Big Island for group activity. All are permitted activities under RS Code. There is nothing in the Code that suggests this association/private club must be a non-profit club or association. B.Membership versus total area. Ms. Shapiro has ^iso reviewed the by-laws as they relate to membership and number o shareholders, noting that total membership at 100 with an average family size of 2.5 could result in 250 persons in attendance at one time. Please refer to Page 2 and 3 of applicant ’s letter. Exhibit G. Mr. Judd advises that your code discusses number of users and not membership. The number of users at any one must be limited to 100. Judd advises that the average number of weekday users is less than 10 and the average number of weekend users at any given time is less than 20. 2 to 3 times during a summer season users may exceed 50. If the club were to ever have a group function that involves r.''re than 100 users, a large assembly permit would be rev- .-..Ji. In the Big Island Vets Camp application, the City asked for the number of veterans that were part of th • -> sociation but merely limited the user level to the exist _*ig area. The Code limits the number of users for Big Island, Inc. to 100 at any one time. Conpliance with Standards of Section 10.31# Subdivision 3 (C)(l”"9) Please review to Exhibit E and Pages 4 and 5 of Exhibit G, applicant's response. Staff can confirm that upon an inspection of the facility during the winter months that a majority of those standards were satisfied by the association. The need ® phone has been met. The applicant ’s confirm installation of nor only a phone within the cabin but one has been installed in the screened porch section of the cabin that is always open or public use. Both septic inspectors have made an inspection of the facility this summer and noted no problem with the exist ng septic system. This use has not involved an intensified development of the property and there is much available suitabl land for on-site septic use. The septic inspector will also be advised that this is one facility that should be inspected on an annual basis and should be made a condition of this approval. Photos have been taken by staff at the time of their inspection of the facility in the winter. Photos were taken of the interior of the cabin and exterior. Staff confirms th^ facility provides minimal/low profile uses consistent with the purpose of the RS District. Zoning File #1606 July 5, 1991 Page 4 Need for Overnigh't Camping Conditional Dse Permit Staff has reviewed the level of use for overnight camping with the applicants. The applicant advises that the cabin is sometimes used for overnight use and that two families have been known to tent at the facility. Based on the level of use, we would classify this as occassional overnight camping and covered under the current day use conditional use permit. Options of Action Denial - If denied, please state the necessary findings. Refer to Section 10.09, Subdivision 6 (A), Section 10 Subdivision 1 and Section 10.31, Subdivision 3 (C). For Approval - Finding the proposed day use recreation conditional use permit application presented by Big Island, Inc. for Record Lots 12 and 19 meets the intent of the RS District and has satisfied all pertinent standards for day use recreation area on Big Island based on the following conditions: 1.Applicant shall file a legal combination of Record Lots 12 and !19 with the City. 2.If at any time a special activity will result in the attendance of more than 100 users at the facility# responsible agents of the association shall apply for a large assembly permit with the City of Orono. 3.As applicants will not require a dock length variance for their boat dock, applicants are advised to complete the filing of a joint use dock license with the for the 1991 season. Applicants have filed for a slip joint dock license rather than 30 as originally roposed in the 1990 application. Applicants must also ile for an LMCD license.I 4.On-site septic inspector to complete an annual inspection of septic system during late spr-ng/early summer months. Applicant to provide transport if inspection not part of regular inspection scheduled for Big Island. 5. Others deemed appropriate i>y Planning Commission, Isv i A To:Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date:November 14, 1990 Subject: #1606 Big Island, Inc. - Record Lots 12 & 19 - Conditional Use Permit/Variance, 1991 Joint Use Dock License Public Hearing Zoning District: RS - Seasonal Recreational Pertinent Ordinance- Section 10.31, Subdivision 3C - Day Use Recreation. Conditional use permit required for proposed day use recreation area. A.Required lot area = Minimum 5 acres (1 acre per 20 users) Per current survey, 8/8/86 Total area = 5.46 (appears to exclude wetland area, 929.4 elevation not designated) Area per survey revised January 1982 by same surveyor Total area = 4.54 acres (appears to exclude wetland area, 929.4 elevation not designated) Per RS Code, Record Lots 12 and 19 areas (approximated for ordinance amendment) 4.8 acres V . .. -t < ' V Vm It should also be note that the area calculations have obviously included t’ 20' wide alley that has not been vacated. It may b_ appropriate that applicant seek a vacation of the 20' wide alley as part of a comprehensive application. B. ir-'. Required lot width Existing » 1500' + 200' C.Required width for boat slip Proposed « 30 slips Required »» 1500' Existing ■ 1500'++ 1 slip per 50 Section 10.31, Subdivision 6B - Tax parcel combinations required. Proposed new use for both record lots requires legal combination. i<Bi T»»*Ti>Tinirr<«-nI Zoning File #1606 November 14, 1990 Page 2 Section 10.31, Subdivision 8A a. Volleyball Court Required *= 75' Existing = 48* Variance * 27' or 36% - Lakeshore setbacks b.Cyclone Fence Required = 75' Existing *» 30' Variance *=45' or 60% c.Wooden Swimming Dock Required = 75' Existing « O' Variance =75' or 100% Dock must be altered to meet 6' width, not 12' width, in order to meet LMCD standard. In addition, 929.4 elevation must be designated on survey in order to determine actual encroachment of 75' setback area. Section 10.31, Subdivision 9 - Hardcover. Review Exhibits D-1, D-2 and P. A. 0-75' area = 165,000 Existing hardcover = 2255^ s.f. or 1.4% B. 75-250' setback area = 72,837 s.f. Existing = 4,809.8 s.f. or 6.6% ♦Please note staff did not include hardcover areas for 4' stairways leading to lake use areas. Improvements appear consistent with allowed structure within the 0-75' setback ai^ea. Note also volleyball court is considered hardcover because it is underlain with plastic. IMCD Ordinances Section 2.03 - Allowed Dock Length. A. Allowed « 100' Proposed/Existing = 125' The dock length variance must be applied from the LMCD before City can approve such structure. Section 2.12, Subdivision 12 - Dock Dimensions. Swimming dock requires variance to allowed width. LMCD code states a dock may exceed 6' including posts in either it's length or width but not both. A. Allowed « 6' Proposed ■ 12' Variance =6' " f ; W- Zoning File #1606 November 14, 1990 Page 3 Once again, applicant must apply to the LMCD for a variance if City is to allow swimming dock to remain in present configuration with the existing slip for boats. 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 ExhibitN Exhibit 0 Exhibit P Exhibit Q - Application - Property Owners List - Plat Map "1, D-2 Hardcover Fact Sheet - Official Record Lot Map - Septic Inspection Report 6/21/82 ~ Wetlands Map - Judd Letter i/17/85 - Staff Letter 1/31/85 - Staff Letter 6/7/90 - Newspaper Advertisement - Articles of Amendment and By-laws - Joint Use Dock License 1991 - Survey for Building Permit for Seasonal Cabin 9/28/78 - Survey of Property 6/14/78, Revised January 1982 - Current Survey 8/8/86 - Debra Page, Lindquist & Vennum 11/12/90 History of Property Refer to Exhibit C and E, the entire property refered to as Lot 1 of Kitchel's Subdivision of Government Lots 5 and 6 and Lots 2 through 15 were undei; common ownership prior to 1978. The property was divided into 2.acre parcels meeting the then current 2 acre minimum requirement. In 1978, Record Lot 12 was sold and a seasonal dwelling was erected on the property that same year. Sometime in the early 80's, Big Island, Inc. acquired Record Lot 19 and in 1986 acquired Record Lot 12. In reviewing Mr. Judd’s letter, Exhibit H, it would appear that an informal group operated a day use recreation area on Record Lot 19. After contact with the Orono staff. Big Island, Inc. was advised of the nec. ’ for a conditional use permit for such use and for an area variance because Record Lot 19 was approximated at 1.7 acres. Mr, Judd was contacted after the staff letter of January 31, 1985, Exhibit I, and advised of the difficulty of such an application if such an excessive area variance was required and especially in light of the history of the property being under one ownership prior to the original division. Big Island, Inc, acquire’ Record Lot 12 sometime in 1986 and still failed to file the required conditional use permit with the City. During this past summer, staff observed itniwtfaiiM Zoning File #1606 November 14, 1990 Page 4 advertisements of Big Island, Inc. advertising the recreational use and once again submitted a letter to Big Island, Inc. to file for the necessary conditional use permit. Since it's operation the City has received no negative comments from adjacent' property owners nor have any other property owners on Big Island. Exhibit Q, the letter from the Erickson's attorney, is mayoe the first input received from an affected neighboring land owner. In a recent inspection of the facility in October by the septic staff, they noted nothing unusual on the property and appeared a simple, low profile day recreational use at least at the current membership use. The survey information submitted for the application is incomplete as the 929.4 elevation has not been shown so it is impossible to determine an accurate area calculation of the dry buildable. The wetlands map (Exhibit G) of the City designates the wetland areas and may be used by the surveyor in determining the dry buildable. Review Exhibits G and P. It would appear that designated wetlands areas have been included in area B calculated as dry buildable. It may be necessary for the Orono staff and a representative of the DNR to determine wetlands areas adjacent to the lakeshore. The dry buildable area has become an issue as we have conflicting information regarding area calculations for the past 10 years as already noted above. Prior to the Planning Commission acting on this application, we must receive an updated survey designating both the 929.4 elevation and the actual extent of the surrounding wetlands so that the dry buildable area can be confirmed. The 929.4 elevation must be designated in order for the City to determine if the swimming dock is located below the Ordinary High Water Mark and to define the jurisdiction of the LMCD and the City of Orono in the consideration of the swimming dock. Review of Application The applicants propose a day use recreation area owned by a Minnesota corporation. Current membership appears to be at 40 members that participate in two forms of ownership classes, A or B. Review Exhibit L, it appears Big Island, Inc. would allow up to 200 members. Although ownership is at 40, it is not clear what the actual membership count would be as it includes members of families. Remember, the RS district limits use to 1 acre per 20 "users". The City must receive a total membership including all family members with the amended application. Please review Section 10.31, Subdivision 3C to determine if the applicant, a private corporation, meets the intent of the Code. It would be staff's opinion that there is nothing in the Code that suggests the applicant is not acceptable. Planning Commission members may take issue. Please be prepared to respond. Zoning File #1606 November 14, 1990 Page 5 Please review Exhibit H, the activities sited by the applicant's representative. All activities cippear to be consistent with the standards set forth in the^ Code. The applicant has not provided information on the following. A. Telephone service. In case of emergency, telephone service must be provided on the island. B. Per Sections 10.31, Subdivision 13, how is garbage removal handled on the island? What steps are taken by the applicant to insure garbage removal? C. Review Exhibit F. Gafiron's inspection notice of 1982 finds the existing septic system has the capability of serving a 4—bedroom home. Gaffron has raised no rea concern with the current proposal at 40 members recommends that a complete septic review of the facility and it's needs be completed sometime in the spring before the day use recreation use opens for the 1991 season. There is adeguate area to expand septic system if needed. A cyclone fence has been installed along che steep banks of the cliff to provide safety. The City would lave required this if the application is approved. This would La consistent with what was required with the Big Island day use recreation conditional use permit. As already noted above, the volleyball court is considered hardcover and half of it encroaches within the 0-75' setback area. Planning Commission must provide direction to applicant on variance request. It is obvious that we must table the application prior to any final action. It would be appropriate to provide applicant further direction on the following issues: 1. If an area variance is needed based on final survey information, would Planning Commission members consider granting an area variance? Can you make unique enough findings to support approval (i.e. island area, contiguous dry buildable area not adjacent to parcel but divided by a wetland ard .4>e, the property is a peninsula)? 2. Will grant lakeshore setback variances for a volleyball court, decking above the 929.4 elevation that exceeds the allowed 4' width (refer to Exhibit P)? 3. In consideration of the intent of the RS Code, is ^ legitimate application? Are you comfortable with the controls already established in the Code for this use? 1 111 wnjir T<1—--------------- Zoning File #1606 November 14, 1990 Page 6 4. Is it appropriate to ask applicant to include a vacation application of the alley at the time we reschedule the conditional use permit for Planning Commission's review? The area of the alley must be excluded from dry buldable area in its present status. 5. It may be premature to address the concerns set forth in Ms. Page's letter. If the conditional use permit is approved by the City, the dry buildable area must limit level of users - membership calculations must include family members. As already noted, it would appear that we are dealing with an after-the-fact application as applicant certainly had adequate notice of the need for the conditional use permit. The City must be in receipt of an additional $150.00. Staff would also note that the license application fee of $360.00 has not been paid. Staff will determine the need for payment for variances upon review of the updated survey. Isv '''t V/- ■ m,: ■ • • S- 4 ORONO PLANNING COMMISSION MEfiTING NOVEMBER 19, 1990 7nNTNG FILE #1605-LINDSTROM CONTINUEDZONING riLt ^he n-^ed for an .avenge lakeshoreapplication showing only tne n-ea setback Variance, I would consider that. The Planning commission agreed with Kelley. Bellows added that she may ha^re difficulty approving ev.en the second story addition. There were no public comments regarding this application and the Public: Hearing was continued. It was moved by Kelley, seconded by Johnson, to table applicatirn #1605. Motion. Ayes-5. Nays-0. Cohen abstained. Motion carried. #1606 BIG ISLAND, INC. - BIG ISLAND RECORD LOTS 12 & 19 CONDITIONAL USE PERMIT PUBLIC HEARING 8:50 P.M. TO 9:05 P.M. Mr. Thomas Judd was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth provided a brief summary of her November 14, 1990 memo. Kelley asked how this use varied from that of the Power Squadron. Mahiie;t-h reolied, "The Question is more how this varies from the use propoHd for Defring Island. That was denied because it proposed by a ’for profit' organization. It is supposed to be non-profit." Mr Judd referred to a letter he had written in January, 1985, setting out t.he use and ownership information. JJ® "Basically, we are comprised of a group of people, mos ^ . and Big Island for private use, but could not afford to live o^ the lake This group came together informally, at first, to t^y to form an organization to purchase ^ome Property. We bought njirrei Th/o and it was determined that the manner in whi«-h w 5?shed To use it long term, would not comply. We then began negotiating to purchase Lot One, and were successful in doing so. Sr had survey information indicating that the combined lots exceeded nv^ acres. The group consists of approximately 40 f lilies that are owners. The property is used as a r«ieiticnal, day use primarily, with some overnight camping. 5hn“r!igV number of boats at the docks is approximately two to fSur The hipest use that I have seen may have approached 100 oeo^'e we do not have a 'for profit' organization. Wo usually operate at a loss and receive subsidies from the owners for - 14 - -4 i II n ■■[“W r~>i—-f 1 ir- ■-bti rt ir BtiTiri- - -4.^:1 .'ll* M- ^ .-A.'lL.- . • -r • fr . Hi ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606-BIG ISLAND, INC. CONTINUED operating expenses. I would like to apologize to the Planning Commission. ' It was my understanding that the necessary permits were to be obtained and had assumed that had been accomplished.” Kelley said, "The issue is whether or not there are five acres. Mr. Judd explained, "It was our understanding, from a 1986 survey, that we h<jd at least five acres. According to the surveyor, the survey was drawn taking into consideration the proper elevations for wetlands. However, I have been unable to confirm that." Kelley said, "If we assume that the parcel is five acres, then all other criteria is met." Hanson questioned whether the non-profit organization aspect is a serious issue. Mr. Judd stated that his group has not filed the appropriate documents to obtain a non-profit organization designation. Hanson asked if it would pose a problem if the group were asked to do that. Mr. Judd replied, "V?e would meet the qualifications and v/ould do that if necessary. However, it is a tedious process." Bellows stated that it is difficult to classify this use. Hanson said, "I am asking for the non-profit designation to assure that this is not a real estate investment." Mr. Judd replied, "It is not a real estate investme.nt. t?e tell people coming in, if that is their intention, that this will not meet their needs and will disappoint them and that they are not welcome. The people involved have a definite idea about how this property is to be used. It is purely recreational. If we were an association, rather than a corporation, it would be necessary to meet. The corporation was a vehicle to serve this organization v/ith multiple owners. We needed to acquire financing in order to purchase the property." Bellows asked Mabusth to elaborate on structure. the use of the Mr. Judd explained, "The structure was originally built as a singls-family, seasonal residence." Bellows said, "That is what concerns me about its use for so many people. I have questions about liability, fire and toilet - 15 - ai .»ir yvifn -s a - ORONO PLANNIN(3 COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE tl606-BIG ISLAND, INC. CONTINUED facilities." Mr Judd replied, "There is a septic system and indoor plumbing in the facility on Lot One. On the other lot, the.e is an outhouse." Bellows asked what standards would apply to allow the house to be used in this manner. Mabusth noted all pertinent standards of the ordinance, similar ^o the type of review completed for Big Island Veteran's Camp. Rftllows s*-ated that she v;ould like the City Attorney's Mabusth stated that the City Attorney's opinion would be obtained. Mr. Judd advised that the structure is ^^ed primarily as a shelter in the event of inclement weather. He said. Most of the visitors to this site come in open boats and run-abouts The hin-e fs the only shelter C5n the island. From time to time people "stay overnight in the facility if they make appropriate reservations and pay a deposit. Bellows asked how that is policed. Sne said, We careful in requiring certain criteria for the Veteran s Camp. I see no such criteria here, even though this is a similar use. Cohen said, "Mr. Judd just referred to making reservations and taking deposits. T.hat sounds like a business." the f"aVillI^^ -|e^“2lt^:^'’m\^k/%uTe“iLririror^ Is for utilities and insurance." like this happen out there. Tne question is what needs to b^ done and what criteria must be met to accomplish that. wou recommend that Staff work with the applicant." Cohen recommended that the corporation do whatever is necessary to obtain a non-profit designation. - 16 - ,1’ « «KrW I fcA*4-i a r t \.. LV'. ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606-BIG ISLAND, INC. CONTINUED i^ ZONlNG^PILEJnin, emission agreed as a wno e to see this application approvea, provicaa all aspects oc sarety, legal liability, etc. can be properly adcressea. MS. Deborah Page, a representative of Erickson's owne^ nf land adiacent to the subject property, stated that she haa eonf a letter *to the Planning Commission members expressing her client's concerns She said. "If City Staff works with Big Isianl Inc., I believe that my client’s concerns will be addressed." Cohen suggested that Ms. Page may wish to also work with City Staff and Big Island, Inc. There were no further comments from the public and the Public Hearing was continued. It was moved by Cohen, seconded by Moos, to table application #1606, Big Island, Inc. Motion, Ayes-6. Nays- . Motion carried. Mr. Sid Rebers, M.r. Stephen Pflaum, Mr. and Mr. Bob Kost were present. Rabers' attorney, Mr. Pflaum began by providing a history of the events that tak“n olace to determine how these requests would addressed by the City, Planning Commission and Council. He the soecific request before the* Planning Commission this evening. Ha said, "This house meets the design criteria of the Sugarwoods Comprehensive Plan. The ^ ,p-eowners are due to move in shortly. me orope^ty owners do not want to have the turn-around located in the^front yard, adjacent to the house. They would prefer it t be on the^ocher side. It is myfnntaae of the drivev/ay and turn-around would be less than tne driveway approved with the building permit. However, the irfs -g°est aUowir^"°?he°"property^°o'wne?s "htve ^co^si^ed Everything and are allowed. me . design and aesthetic issuenow asking for more space. This is a aes> y with the homeov;ner. In the future, to avoid this situation from occurrinc after rha hoLe is coLtructed, we would ask the builders to work with sSiff sTth\\ be brought before the Planning Commission before the uuilding permit is this nrnhablv be cominq before you with a majority of the lots in cnis ISwtviLon. Se La also Lnsidaring an abbreviated procedure - 17 - 1 i>aii ^ / CITY OF ORONO P. O. Box 66 Crystal Bay, MN 473-7357 ZONING PILE #1606 55323 NOTICE OP PLANNING COMMISSION ACTION Date of Notice; 11/27/90 TO:Thomas A. Judd 1055 East Wayzata Blvd. Wayzata, MN 55391 COPIES TO:Big Island, Inc. P.O. Box 188 Excelsior, i4N 55331 TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: 11/19/90 VOTE: 6 For 0 Against Planning Commission recommends the following: Tabled for reasons noted below: 1. Prior to the City continuing with nhe review of the application, the City staff shall seek the opinion cf the City attorney concerning the legality of the application and to determine if Big Island, Inc. and it's proposed use of the property satisfy the intent and the standards of the RS District. Staff will send you a copy of that opinion as soon as it is submitted tc thi^ City. 2. PJease make arrangements to have the Orono Building staff inspect the clubhouse facility to determine if it meets the pertinent standards set forth in Section 10.31. Please contact my office so that I may schedule an Island inspection with the Building staff as soon as possible. 3. The Planning Commission also called attention to the possible need for a separate conditional use permit for overnight camping. As the code under day use recreation area Ebfers to occassional overnight camping, please specify how often the clubhouse structure is used for overnight purposes as it may qualify under occassional use. 4. Updated survey confirming dry buildable area above the 929.4 elevation. Area must also exclude designated wetlands within the subject properties. 5. Application information must provide total membership including family members. In the rescheduling of your application before the Planning Commission, staff would strongly suggest that you review all pertinent sections of the RS District code and to submit an addendum that responds to the City's concerns, i.e. telephone service, emergency preparedness (procedure/plan for emergencies), garbage removal, etc. As already noted by the Planning Commission, the legal combination of the parcels would be required as a condition of the approval of the conditional use permit. Planning Commission Action Notice #1606 November 21, 1990 Page 2 Vacation of 20' Alley Please also note that dry buildable area calculations cannot include area of 20' alley. If applicant wishes to vacate alley, a separate vacation application must be applied for. A vacation application has been enclosed for your information. As already noted in the staff memo, the City must be in receipt of an additional $150.00 payment as the application is considered an after-the- fact conditional use permit. Before application can be rescheduled before the Plannin9 Commission, the City staff must be in receipt of the following: 1. 2. Opinion of the City Attorney concerning legality of application. Updated survey confirming dry buildable area of property. 3. Vacation application if desired. (Deadline is 25 days before third Monday of month.) Application submitted for your information includes a 1990 schedule and has not been updated as of this writing. Contact City staff if you have any questions pertaining to filing deadlines. 4. Payment of $150.00 for the after-the-fact/penalty land use application. 5. Inspection of clubhouse facility by building staff to confirm that structure conforms to requirements of RS District for day use recreation. i-. I MEMORANDUM TO;Jeanne A. Mabusth Building and Zoning Administrator from:Sueeen Pace-Shapiro DATE:January 30, 1991 RE:Application No. 1606, Big Island Inc. — Conditional Use Permit fC Tom Barrett has asked me to respond to your letter regarding Big island Inc.’s application for a conditional use permit pursuant to Orono City Code Section 10.31, subd. 3(c), Day Use Recreational Areas. I have reviewed the staff report. Big Island Inc.'s application, and Big Island's Articles of Amendment and Bylaws. 1. 2. Questions Prenented The first question you raised was whether Big Inc. is a profit-making corporation. Island You have also "private club" requirements of 3(c). asked whether Big Island Inc. is a or * association" pursuant to the Orono City Code Section 10.31, subd. It is unclear from Big Island Inc.’s Articles of Amendment and Bylaws whether Big Island Inc. is a for-profit or not-for-profit corporation. The Articles of Amendment and Bylaws do not indicate that Big Island inc. is a non-profit corporation. A review of the documents suggests that Big Island Inc. may be a for-profit corporation designed to limit the personal liability of the Individual owners of the subject site. The stated purpose of the corporation is "the encourage.ment of recreation, water-related activities, and outdoor sports and pastimes among the several shareholders of the corporation; the enjoyment of rational social amusement; and, as incidental to said purposes and to facilitate the same, agauite_DropertY required-to eatabliah and maintain a Club, grounds, and _anv_imPtOYgnientfi^ “■ - - - - - - -- thereon, and furnish such accommodations as the shareholders may require." In order to avail themselves oC the recreational amenities afforded by Big Island inc., an individual must be a ‘Sharehoidurs - js r-i issuance of 100 shares of Class A and 100 shares of Class B stock. Under the amended Bylaws of Big Island Inc., also executed in February 1989, the total of Class A and Class B shares la limited to 65. A share of Class A stock costs $7,500. The stock is not assignable or transfercMe. A shareholder must sell their stock back go Big Island Inc. at the price they originally pa d for the stock. It further appears that the original price of the Class A share of stock was $6,500. The corporation does not pay dividends, nor does a Shareholder realize any profit, in the event the assets of the corporation appreciate. However, if for any reason the TiSuon °o\J^ proceeds of the sale or condemnation award based upon _their Lnership Interest after all debts and liabilities or the corporation are satisfied. If this contingency were to occur, the individual shareholders stand to recognize a profit froni. investment in the corporation, based upon an appreciation in the value of the real property. This suggests that the corporation is a for-profit rather than non-profit entity. If Big Island Inc.’s status as a for-profit or non-profit indicating its status as a non-profit corporation. Is Big island Inc. a -Erivatfi Club" Of ffithin the Meaning _Qf Orono.MgniciDal Code Section.10.31. Subd. 3^cl? Orono Municipal Code Section 10.31, Subd. 3(c) provides relevant part: nav-Use Recreation Areas. Land or structures owned or used by anv private club, association^, or group of unrelated individuals as a regular meeting place for group activities, including without limitation boating activities, swimming, fishing, picnicking, athletic fields, nature trails, and other day-use. Overnight . . . this category includes day-use scout, church, YMCA or YWCA camps, private non-profit parks, and boating groups, clubs, and associations. Based upon the stated purpose of Big Island Inc., it would appear to be a group of unrelated individuals who meet at Big island for group activities, including without limitation boating -2- activities/ swimming/ fishing, picnicking, athletic fields, nature trails, and other day-use, It doer not appear that this section of the Ordinance requires that a group of unrelated individuals be incorporated as a non-profit organization. As we discussed, the troublesome language is the sentence which provides that the category includes -private non-profit parks, and boating groups, clubs, and associations,- This language appears to provide an example of the kinds of groups that would be eligible for a conditional use permit under Section 10.31/ Subd. 3(c); it does not appear to modify to any limiting degree the general provision that “lands or structures owned or used by gnv private club, associationj or group of unrelated individuils" must be a non-profit club or association. Other Considerattons I would call your attention to Section 10.31, Subd. 3(c)<l) which relates to minimum dry-buildable record lot area requirements. The section provides “if the number of expected users at any one time exceeds 100, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acres per 20 users." Pursuant to the Articles of Amendment of Big Island Inc./ the corporation currently is authorized to sell 100 shares of Class A and 100 shares of Class B stock (Class B stock may only be purchased by the owner of a Class A share), If each owner of a Class A share is a married person and the average size of a family was 2.5 individuals, a hundred shares could result in the use of the site by 250 people. Although it is unlikely that all shareholders and their families would be using the t>Ue nt any one time, the number of individuals who would be eligible to use :he site would exceed the dry-buildable area acreage requirements as set forth in Section 10.31, subd. 3(c)(1). It appears that the applicant has a total area of 5.46 acres. The amount of shares of stock avsilable for sale by Big Island Inc. may create some usage or performance problems under Section 10.31, subd. 3(c)(1), which I called to your attention but provided no comment on. I hope that I have been helpful in answering the questions you raised. Should you require any additional information, please feel free to contact me. cc; Thomas J. Barrett 1312SPS -3- r.' s- to arn _ . . _ CITY of OEONO L-. GK^ia* i . » ’ • QF •* QRdNdr Post Office Box 66•Crystal Bay, Minnesota 55323*Municipal Offices On the North Shore of Lake Minnetonka May 3, 1991 Thomas Judd Hassel & Enlow First National Bank Building 1055 East Wayzata Blvd Wayzata, Mn 55391 Re; Application #1606 ~ Dig Island Inc., Conditional. Use Perm.it Dear Tom: The City is in receipt of your lette: of April 29, 1991 and the updated survey as requested during thir conditional use permit review. Staff has enclosed the vacation application. Please note the 1991 meeting and deadline schedule information is listed within the handout information. I have also enclosed a variance application. You should be aware that the City of Orono will require variance approval of the swimming deck/dock to be reconstructed in its present configuration. The decking is located above the 929.4' elevation and the reconstrv*ction would require approval of hardcover and setback variances within the lakeshore protected area. (0 — 75 setback area). I cannot remember if I sent you Suesan Pace —Shapiro's opinion dated January 30, 1991, but I have enclosed it for your review and comment. It would appear that your status as a for- profit organization will have no impact on the standards set forth in our ordinances. The City Attorney's opinion confirms that it is not necessary that a private club, association or group of unrelated individuals be a ncn-profit club or association, Her opinion has raised other considerations regarding membership of your organization at a maximum 200 member level. The potential of 200 members is based on shared so1 d to individuals and not family members. You will note in my original review memo we addressed the fact that total m*..mbership must Include family members. Based on an average size of a family being 2.5 individuals, a potential total membership et 200 could involve up to 500 individuals. Upon the vacation of public right-of-way. Big Island Inc. will have a total of 5 acres ]. imiting total membership to 100. BLILOING 3l ZONING - 473-7357 assessing ADMI.NI sTRATION a usance - 473-7358 FA.\ -4734'5!0 PUBLIC WORKS - 473-7359 4 P Thomas Juddr Hassel & Enlow Re: Application #1606 - Big Island Inc May 3, 1991 Page 2 of 2 • f Conditional Use Permit In your re-submittal information, please address the discrepancy between the number of membership shares available under the Articles of Amendment and the eunended By-Laws of Big Island Inc. The Articles of Amendment limit shares to a total of 200; the amended By-Laws limit issuance of shares to 65. How will you respond to the City's concern that total membership be limited to 100? Can you provide actual membership statistics (i.e. spouse, children, etc.)?..or have you any other ideas in addressing these concerns? Tom, I have enclosed a special lot combination form for your review. We understand the difficulties with the inability to legally combine both parcels. The execution of the special lot combinat^cn during this interim period will address the City's concerns. I have also enclosed a copy of the original notice of Planning Commission action sent to you November 27, 1990 that will provide an additional check off list to assure a complete preparation for your second review before the Planning Commission. Lyle Oman and I would like to have you convey our greatfulness to Pat Hanily for showing us the facility. Improvements shown on plans have more meaning when you are able to visit the site and see them, especially on a sunny, bright day. Unfortunately, if ycu have had a chance to review the dead line schedules for upcoming meetings, you will know that you are unable to make the May agenda. In fact, I suggest, Tom, that we meet at your earliest convenience to discuss the preparation of the submittals for an upcoming Planning Commission meeting. Give me a call at your convenience. Sincerely, JAM/tln Enclosures Jeanne A. Mabusth, Building & Zoning Administrator w > t.'- TO; FROM: RE: (1) (2) (3) (4) (5) (6) (7) (8) (9) MEMORANDUM Jeanne A. Mabusth, Zoning Administrator City of Orono Thomas A. Judd, Esq. Big Island, Inc. Requirements for Conditional Use Permit Day Use Recreation Area Orono City Code 10.31, Subd. 3C (1-9) The average number of weekday users is less than 10, and the average number of weekend users is less than 20. There are three days or functions during the year. Memorial Day, Fourth of July and Labor Day, which usually result in 50-60 users and may approach 80 on an exceptional holiday. As Big Island, Inc. hosts these functions on an RSVP basis, it could advise the City of Orono if it expects more than 100 users for any given function. The shoreline width exceeds 200 feet. The joint-use dock license from the City has been applied for and the application is in the process of being submitted to LMCD. Further, tne number of slips do not exceed the limit of one slip per 50 feet of shoreline. The swimming area is suitably marked and it is presently situated inside marker buoys. The on-site sewage treatment is a septic system which has been inspected by the City. All buildings or structures are existing and no new structures are intended to be built in the foreseeable future. If any are to be constructed, the City would be advised through the permit procedure. The property is presently provided with a telephone line, and a service is being installed for emergency use. It is my understanding that the subject property complies with Paragraph 8. The property will be legally combined into one tax parcel when title to the property so allow;?; however, in the interim, a special lot combination form has been prepared and has been submitted for approval. 6696.304/069118 m ■r«., t SPECIAL LOT COMBINATION AGREEMENT This indenture is made and entered into this day of 1991, by and between Big Islano, Inc., their heirs. successors and assigns (hereinafter collectively referred to as "Grantor") and the City of Orono, a municipal corporation under the laws of the State of Minnesota, its successors and assigns (hereinafter referred to as "Gran*-ee"). WITNESSETH: WHEREAS, Grantor is the ow.:«r of real property in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows (and hereinafter collectively referred to as the "properties"): See Attached Exhibit A (hereinafter described as "Parcel A"); and See Attached Exhibit B (hereinafter described as "Parcel B"); and WHEREAS, Parcel A and Parcel B are adjacent to each other but are presently described as two separate parcels and were/are presently owned by two different owners which prevents their being combined into one legally described lot or parcel, and/or for the seune reason the Hennepin County Assessor can not combine Parcel A and Parcel B into one parcel for tax purposes; and WHEREAS, notwithstanding the above it is the intent of Grantor(s) and Grantee that Parcel A and Parcel B are and shall imminently be held in common ownership by the same person or persons, and further that Parcel A and Parcel B are intended to be used and/or developed in common by Grantor as if they were in fact one parcel instead of two. NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, Grantor(s) hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict, and Grantor hereby agrees to restrict, limit and preclude the ownership, use, improvement and development of Parcel A and Parcel B according to and under the conditions and covenants herein contained during the term hereof, as follows: 1. Grantor(s) agree that Parcel A and Parcel B shall henceforth be contained in common use and ownership even if recorded as separate lots or parcels, and that Parcel A and Parcel B will not be used, conveyed, sold, or leased except together as if they were a single parcel. lar'iiiJti 2. Grantor(s) agree to restrict and limit the use and/or^ improvement of Parcels A and B as subject to the uses specified and improvements allowed under Section 10.31 Subd. 3.C. of the Orono City Code. 3. Grantee shall not issue any building permit, zoning variance or conditional use permit for any structure or use on the properties inconsistent with the covenants contained herein. 4. Grantor hereby grants to Grantee the right to enter upon the above described properties for the purposes of inspection and enforcement of the covenants contained herein, and, subject to reasonable written notice, to cause to be lawfully removed from these properties without any liability any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. 5. In addition to any other remedy Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor who is in possession of these properties shall pay to Grantee all costs and expenses including attorneys fees incurred by Grantee in enforcing the terms of this indenture. 6. The terms and conditions of this indenture may be modified, amended or extinguished and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only upon application by Grantor to Grantee for approval of a "Subdivision in accordance with the platting code of the City in Effect at the time of such application. 7. Grantor(s) agree that recording of this indenture shall not vest any property rights in the properties and that any zoning or development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation, modification and/or limitation by Grantee or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of Grantee. 8. Grantor(s) do not intend that the public should ha/e any interest in the above properties by virtue of this indenture or otherwise, except as hereinabove set forth. 9. The term of this Agreement shall be from the date of execution by both parties until the property is sold to a third party or until Parcels A and B are legally combined or at such time that the Grantor and Grantee agree, pursuant to an executed termination agreement, to the termination hereof, whichever shall first occur. All provisions hereof shall run with the land and shall extend to 2uid bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. CITY OF ORONO GRANTOR(S) Big Island, Inc. Mayor Its And City Clerk STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _ _ _ _ _ _ _ _ _ _ _./ 1991, by_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _t respectively the _ _ _ _ _ _ and Big Island Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 4824.303/129106 .r*.; MM 1 r Hassel & Enlow A professional association FIRST NATIONAL BANK BUILDING 1055 EAST WAYZATA BOULEVARD WAYZATA. MINNESOTA 55391 TetePHONB (6121 473-4402 p*csiMit.e 16121 473-44 15 June 18, 1991 Ms. Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 0 f ff- X'^htj RE: Application Number 1606 Conditional Use Permit - Big Island, Inc. Dear Jeanne; I am forwarding to you herewith a Variance Application for the swimming deck/dock located on the southeasterly shoreline of the property. I have attached an addendum to the Application which describes unusual characteristics of the subject property for which the variance is requested. I have also enclosed a Application for the vacation of the 20 foot wide alley which meanders across the middle of the property. As yo* may recall, the updated survey reflects acreage of 5.02 acres for the combined lots; however, the survey did not exclude the alley. The alley serves no useful purpose for the present use of the property and wt-s dedicated to serve the 14 small lots which had originally been platted on the property. The vacation of the alley would allow the applicant to meet the minimum acreage requirement for the intended conditional use. X have also enclosed a proposed special lot combination form for the two parcels. Please note that I have revised the form for its special application to these two lots. I believe that it still meets the intent and purpose with respect to the original form. As you will recall, one parcel is owned by Big Island, Inc. in fee, subject to a mortgage of Donnelly Company. The other parcel is being purchased on a contract for deed. Due to the status of title of both properties and the encumbrance on the property with the Donnelly mortgage, is not feasible at this time to legally combine the lots. I have submitted the proposed special lot combination form to the board of directors of Big Island, Inc. for their review juid approval. With respect to the checkoff list contained in the original notice to the Planning Commission action sent to me on November 27, 1990, our response is as follows: AT- Ms. Jeanne Mabusth City of Orono June 18, 1991 Page Two of r'ive (1)I have been provided a copy of the opinion of the City attorney concerning the legality of the Application by Big Island, Inc. for a conditional use permit. One of the issues addressed by Ms. Pace-Shapiro related to whether or not Big Island, Inc. is a for-profit corporation. Please be advised that Big Island, Inc. was incorporated under Minnesota Statutes Annotated Section 302A (the most common "for-profit" statute). However, please note that Big Islanu, Inc. is not and does not intend to be a for-profit corporation. It is presently operating on a breal<-even or loss basis and expects to do so for the foreseeable future. Another issue raised by Ms. Pace-Shapiro related to the discrepancy between the number of shares authorized under the Articles of Amendment and the number of shares permitted under the Amended Bylaws of Big Island, Inc. Please be advised that while the Articles allow for the issuance of 100 shares of Class A and 100 shares of Class B, the amended bylaws restrict the issuance to a total of 65 combined Class A and Class B shares. There are presently approximately 41 Class A shares outstanding and, I believe, less than 20 shares of Class B outstanding. It should be noted that Class B shares may only be held by family members of a shareholder of Class A stock. The purpose of the Class B shares is to provide junior memberships to family members of Class A shareholders. Another issue raised by Ms. Pace-Shapiro relates to Section 10.31, subdivision 3(c)(1) of the Orono City Code. Ms. Pace-Shapiro recites a portion of this section "if the number of expected number of users at any one time exceeds 100, the minimum lot area required shall be maintained to obtain a ratio of at least 1 acre per 20 users. I would like to emphasize the use of the word "users" as opposed to "members". Presently, the average number of weekday users is less than 10 and the average number of weekend users at any given time is less than 20. Th^re ■•re two or three days during the summer that the use would likely exceed 50 users at any one time and those days are Memorial Day, the 4th of July and Labor Day. I have been advised that the maximum number of users at any one of those given dates has not exceeded 80, with possibly one exception in 1985 or 1986. A committee sponsors each special event that is held at the island and reservations are taken for each event. Big Island, Inc. would or should know, before eacn event is V Ms. Jeanne Mabusth City of Orono June 18, 1991 Page Three of Five held, what the anticipated number of users would be. In the event that it appears that there would be an excess of 100 users for an event, we can set up a procedure whereby we would notify you that an event is being held at which the number of users could exceed 100. However, I am advised that it is highly unlikely given the current and expected membership of the organization that it would exceed 100 users at any time. (2)You have been provided with an updated survey confirming the buildable area of the property, I have also attached a copy of that survey with this letter. (3)As stated above, I have enclosed herewith a Vacation Application for the alley which meanders through the property. (4)A check in the amount of $150.00 is enclosed for the after-the-fact/penalty Land Use Application. (5)Per your letter to me dated May 3, 1991 , you have advised me that the building staff has an inspected the Club House facility. With respect to your May 3, 1991 letter to me regarding Application Number 1606, the only issue that I do not believe that I have responded to is the City's concern regarding the total membership and actual membership statistics. With respect to the total membership, as stated above, the tocal combined shares outstanding under the amended bylaws is 65, which includes both Class A and Class B shares. It is my understanding that there is a consensus among the members that the membership should be limited, that it is likely that only a few new members will be added in the foreseeable future and that departing members will most likely keep the membership level around 40-45. We could respond to the City's concern regarding total membership by providing a notice to tne City of Orono before the Bylaws would be amended to allow more members. I am forwarding to you under separate cover a membership roster reflecting the members, their addresses and number of children. As you pointed out when we reviewed a preliminary list in your office, you noted that approximately one-quarter of the members lived on Lake Minnetonka and that another 4 to 6 members lived on other nearby lakes. I think that it is important to note that these members cherish lake living and truly value their membership for the use and enjoyment of a piece of Lake Minnetonka in the setting that we have on Big Island. Ms. Jeanne Mabusth City of Orono June 18, 1991 Page Four of Five I would like to emphasize that even though the number of members including the family members may approach or exceed 100, that the ordinance refers to "users”, not members, and specifies a limit of 20 users per acre as a limit. As stated above, the number of users on the highest use dates does not exceed 100 and the average daily and weekend number of users is well below the limit. With respect to some other issues that we discussed that are raised in the ordinance regarding Conditional Uses, I have attached a memorandum which addresses each specific requirement. In closing, I would like to comment on the nature of the ownership, management and use of Big Island, Inc. of and by its members. The management of Big Island, Inc. is accomplished through a board of directors. One-third of the board is elected each year. The rationale is continuity of management; therefore, only one-third of the membership of the board rotates off each year. Officers are elected every other year, and, usually the officers are veterans of various committees. A number of committees exist, which include a finance committee, a membership committee, a social committee, a rules and conduct committc<v and a grounds and docks committee. Each committee fully functions within its scope, purpose and authority. One example of a rule is that each member that owns a boat must furnish the organization with a certificate of insurance to protect the owner of the boat, the occupants of the boat and Big Island, Inc. in the event of a mishap. All boat owners are expected to have their boats registered and meet all of the safety requirements, including a fire extinguisher and life preservers. If a boat owner does not provide a certificate of insurance to Big Island, that member is not allowed to dock at Big Island, Inc. To the casual observer, our use of Big Island, Inc. would not ordinarily be viewed any differently than any single family residence on Big Island or, for that matter, on the lake. During the week, an observer would likely see only one or two boats, if any, tied up during the day (or evening) . During a weekend, an observer would likely see anywhere from two to six boats tied up any time, with the exception of Memorial Day, Fourth of July and Labor Day. Our use has and is intended and designed to be well within the spirit and intent of Day-Use Recreation Area Ordinance. Ms. Jeanne Mabusth City of Orono June 18, 1991 Page Five of Five If you have any questions or comments regarding any of the foregoing or enclosures, please do not hesitate to contact me. Very truly^/yours/yQ Thomas A. Judd/ {/ TAJrrjk cc: Terry Johnson Ralph Hatch ii»vBt To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson 3 Prom: Jeanne A. Mabusth, Building 6 Zoning Administrator Date: Subject July 8, 1991 #1660 Big Island, Inc. - Records Lot 12 and 19 Variances - Public Hearing Zoning District: RS ~ Seasonal Recreational Pertinent Ordineuices: Section 10.22, Subdivision 1 (B) - Swimming dock/deck is located within the 0-75' setback area. Applicant proposes ma^or repair of existing structure. Mo expansion is proposed. Section 10.2, Subdivision 2 - Hardcover variance within 0- 7.3' setback area. Allowed =0' Existing = 881.25 s.f. or .51% (includes other improvements) Proposed = 881.25 s.f. or .51% (includes other improvements) List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Applicant's Addendum Property Owners List Hardcover Fact Sheet Survey Locating Swimming Dock/Deck Applicant's Hardship Statement: 1.Please review Exhibit B. Only flat useable land portion of lakeshore is 15-20' above lake level. Swimming dock provides area for mothers to supervise children swimming in lake. 2. Large rocky shoreline prevents persons sitting on existing shoreline. 3, Applicant proposes no expansxon beyond existing structure - applicant proposes repair not total restoration. Isv r V ii* ___ • : » r >i tt CITY OP ORONO - GENERAL LAND OSS AP'PLlCATlOlt ^ f PROPERTY LOCATION *- • .-. ' --- w V ^ V' A V I- Site Address Biz Island Record Lots and 19 * • • * *i| ^ . m -A *.*»■• »* •-1 rZL I\• L •*• *" /- vn Property Identification Nur.fcer (P.I.D.) 12 22-117-2 ^-42-002^ Lot 19 22-117-2J-42-0019 ■- Please attach legal description to application if not included on required survey. APPLICANT Phone (home) 474-2049 Name Thomas A. Judd Phone (work) 473-4402 Address 1055 E. Uavzata Blvd.« Suite 219 City U'avza ta Zip OWNER (if different than applicant)Phone (home) Name Rig T^lond^ Tnn.Phone Address P.O. Box City Excelsior Zic5533i Lot 12 - 6/29/84 Date Property Acquired Lot 19 - 9/12/86______________ (mcnth/year) I (do not) also own the adjacent parcels of land. FEES - COiraiTIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use X $150.00 Institutional (church, school, etc.) $150.00 Guest Ecuse/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $200.00 Cflinmercial Site Plan Review (+ consultant fees) ^■£50.00 $175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision _ _ _ _ $250.00 Reccning (PUD - refer to fee schedule) ^_ _ _ _ $100.OC Appeals _ _ Other - see fee schedule . ..T-—W ... -- - - ;ent use of property Present Zoning District Present Use of Property J I ■ \ / Residential y y Ctner (specrfy) Recrc-,iti nn.-, 1 ICRIPTION OP REO.OEST Describe request in detail: t-tardcover and setback variance for deck/rior.k- within the lakeshore proter-^pd See Addendiirn A. attach'^H. For a detailed explanation. rnnrp lOIRBD SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 350' (>ou can obtain this list from Henneoin County Decartment of Finance A-6C3 Government Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application.' YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY ^11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. ,e applicant and Property Owner must sign this application. Please lember that your application is not complete if the above i.nformation has it been included. irtification by Clerical Department that Land Use Application is complete, itials of Clerical Staff;______________________________11_ Date__________ *PLICANT*S SIGNATURE Ihe applicant hereby agrees to provide all information required or jequested by the Zoning Administrator, agrees to pay additional fees (staff le not covered by original fee payment) and/or unusual expenses incurred review of this application, and certifies-that the information supplied |s true and correct to the iplicant's signature ar /knowledce. / V/ Date ‘j wner's signature ERS SIGNATURE he owner hereby acknowledges and agrees to this application and further uthorized reasonable entry onto the property by City staff, consultants, gents, commission members, and Council members for purposes of nvestigation and verification of this request. Date C- pplicant must have all submittals into the City offices 25 days before the lanning Commission Meeting. Planning Commission Meetings are held on the hird Monday of each month. Applicants must be present at all scheduled eview meetings of the Planning Commission and Council. If an applicant is nable to attend a scheduled meeting, please make arrangements to have an uthorized agent attend in your place and advise the Building S Zoning ffice of this change prior to the meeting. ADDENDUM A TO DESCRIPTION OF REQUEST GENERAL LAND USE APPLICATION BIG ISLAND, INC. The hardcover and set back variance hereby requested for a deck/dock within the lake shore protected area. The dcck/dock measures approximately 60' ionq by 12 1/2' wide. It is situated at the base of a steep hill and serves as a platform for stairs leading up to the useable portion of the property ;/hich is situated approximately 15-20' above the lake level. The deck/dock is also used as the base to extend docks for boats and used to allow pcrents to observe children swimming and to put towels, chairs and other beach equipment. Due to the geographical characteristics of a large rock shoreline, extremely steep bank, the deck/dock allows for a use of the shoreline for swimming, sunning, picnicking and observing children at the lake level. 7936.301 ±L ft i!oo ;v , MJH DATE 08/22/90 I I I .v:.;’ *r.» • . ‘ . . .It ’ > :••• •••'!•'HEH4EP ; •» • i'c •< T.llHJN OATE 08/22/90 l ^ I \ > ,• HErtlEPlN COUKTY ,;»’X ^ if f"°'^,J.»TC1^:004 • ,iUw: V; •;■ ; '.’^ v ■ S8 1.22-117-25 42 0001’. 38 I' ! DDOD . Anno ' . O005B V ADDREfiS lAM^IGNED'jV .v ■ .'< ' ! ! I 000 I .1 » /• • . L .. HEH4EP1N COUKTY PROPERTY INFORMATION PROPERTY OHNERS EIST ; ■ v'Iri' ■ 22-117 25 42 0002 PROP ADDR* . 00058 V ADDRESS IA4ASSIGNED I -l'OMIER NATS' . JAHES A KILBANE III '■{taxpayer • JAMES A K1LBAT4E III NAME/AODR 201 OTTAHA AVE S “-licit GOLDEN VALLEY ■Irl.'it Jj: • I j •' i'!: ;'j;:! \-n jv 58t' 22-117-25 42 PROP ADDR 00058 ‘ ADDRESS .V.OMNER NAME ' N H A H LORO : "i .^TAXPAYER BIO ISLAND INC i; ■ ii- c:■^ .. . . . . . . .. . . . • •••■; 38 22-117-25'42 0019*1 I • I I ' 1-J'r . ■ ^ ••V.nmjH-O ERICKSOM ETAl , .f i ' , MO ISUMI tWEAW^T'.'EU-vf 1 5'M ■ • :• i: ‘ ’•‘V567 H 78TH ST • 5 ••• ■ ,■ j!;''; - • ; ijl.; ' PO BOX IBS' (jl 1'..'11: ; !:[,c.•’•?(.;! ‘‘ .. »2 0020,T ‘ti. ■. 5 uussiGNED ,1! V' I V.r•! ■ ''IV"t • i • vr i'l V ■ • ' total BATCH • r :a>: 006 00004 ' ■ 1'>, i I I * - • ..... 0 . A 1 J 1 : -P-'t ' 'i ‘.!:V . < -V • • ‘ I, * ‘ .1 • • t I •* •* ‘flri ' • t I ■! Y <. t* il.! i. < ; Sir. ‘ ^ *. * . • * . .» • •A y .r/T: ;19 .-Wi‘V-V': ■ , ;U i i^y I ,1 ». •* ■' .'ic !' •] .. • •! •.r.' • i I I : t • • - i ; *. * ■ s •f • ' • ' , -'tii ■ I ; , ' • t » •t; . i.V*V 1 •• •;'i| . »*’ f j * *1 ‘r-f;*' ) t I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND . . REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ONITHE RECORDS i OF THE HEWIEPIN COUNTY OEPARJMEN/ OF PROPERTY TAXATIONj^TO THE BEST.!. OF MY KNOHLEDGE AND BELIEF ; -f-’ ('f‘* ' f.'- * . * . ‘ !v, ;..:h I- ..• - • i OAT ^RJMEr4T OF PRO^RTY TAXATION^ TO Tl «|V iti-j<--iii' ,|. ;.• . .. i. d'Itrue 'U.: i, ;;l-ijj<;T' ‘l•,C*j-' MITHE RECORDS } ‘ti ^ ‘ . : • TO THE BEST t i. • ' 1 ‘ ‘.I if • . . i 4 t 1!^’ .vii! f • .V'‘l ■'M'S 1 • '^^^1 ^ ‘ • r ‘ *. “^tUv.I*!-'f':V'*y\v-’- • ‘ I * » v: * ». ••• •..!■•. .i, 1 ■ kf\ '‘’.r* ^ '■ IC' fl; .;:i:; rI • • I r t'■!'->/ 1 . ' -.V l’ ;:i • • • i •i ♦ ^1. \ ‘ *»• ■* ^ I '<* I 'iu *'-: ^•*'** ‘ k *'. ! *;b r I* ' / . • i . >1 . * .'.I' •' T.i Alvr. t.f. .■ :';i..i|•' . •. .'.5 ' .'.‘v'.MVr Y- AI *L 1*1 ' s. ' * if si ' ♦A.I..A . . I V’* 4 •’ '1 • I I . >• 4 ^•' r mr u Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Prom Jeanne A. Mabusth/ Building & Zoning Administrator Date July 3, 1991 Subject:#1646 Trinity Lutheran Church North “ Conditional Use Permit Hearing - 2060 Sixth Avenue ~ Continuation of Public Additional Exhibits Exhibit J - Planning Commission Action Notice 6/19/91 Exhibit K - Applicant's Written Response Status of Application Please review Exhibit J/ the Planning Commission Action Notice^ that requests additional information on lighting and use of access door on north side of building. Larry Jones of the Trinity Lutheran Church has confirmed that he will be present at your July I5t meeting. Mr. Jones advises that lighting on the detached structure will not be used for security purposes. Lights will only be used at the time of use. North door will not be used for vehicular access but will be used for lawn maintenance equipment only. No additional filling or grading will be required along the north side of the structure. Mr. Jones has provided a sketch of the type of lighting to be used. Note lights will be placed within the soffit area of the structure and will be directed downward and shielded from neighboring residential properties. It would appear that the neighbors concerns have been addressed. Once again staff recommends approval of the conditional use permit for Trinity Lutheran Church as set forth on Page 2 of this memo. Staff would add Condition 3 confirming that lighting on Church will not be used as security lighting and that lighting will be installed as shown on Exhibit K presented as an exhibit for the re'^iew of Application #1646. Isv CITY OF ORONO MN 55323 NOTICB OP PL^miRG ^COMMISSION ACTION^^^ 473-7357 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ TO; Trinity Lutheran Church COPIES TO: Attn: Jerry Jones/Ted Wolfe 2060 Sixth Ave N Long Lake, MN 55356 _ _ _ _ _ _ _ _ _ _ _ _ _ _ type op APPLICATION: Conditional Use Permit DATB'orM^INGr 6/17/91 VOTE: 6 For 0 Against Plaiming Commission recommends the following: Tabled all action on your application until a ^3® fpp!fca?rons"" tlleV "A^plica^ must be present at all scheduled review meetings of the Planning Commission and Council. As a member of the public came to review the application at the scheduled public hearing, the Planning hearinq for questions. The property owner questioned the ^^e of tne exterior lighting. You are asked to provide detail on the folio g concerning lighting: A) Type/design of lighting. B) Is lighting to be used as security lighting, or is lightip?* used only when in use? Questions were raised as to the use of the access door on the north side. If applicant proposes vehicular use, please provio g 9 P* for access drive to north access door. Please note, based on the preliminary comments in the memo, applicant is cautioned against major land alterations wi.hin of underground septic line. Applicant's next scheduled meeting is dependent again dependent upon receipt of the additional information by July 2nd. If you are unable to make the July 15th meeting of ‘he Planning CommlssiL, please arrange to appear before an upcoming meeting. The Planning Commission meets the third Monuay of each month. Please contact Jeanne Mabusth at 473-7357 if you have any questions pertaining to the above issues. K June 24, 1991 City of Orono P. 0. Box 66 Crystal Bay, MN 55323 ATTN: Jeanne Mabusth At your recjuest, I will respond in writing to Items A ** B and Etc. of above notice. Item A:Soffit lights to be over doors. Lightly uccCi access lighting not for security use. The access door on the north is not for vehicular use. There will be no driveway. It is for access to storage of lawn equipment Etc. while th van is parked in the garage. F r To;Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From; Date: Michael P. Gaffron, Asst Planning & Zoning Administrator June 11, 1991 Subject; #1647 Gerald Benoit •• 3403 Eastlake St. - Variance - Public Hearing Zoning District - LR-IA, Single family lakeshore residential, 2 acre, unsewered Application - Request for setback and hardcover variances to construct detached garage, conditional use permit for construction in "flood fringif area. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Application Plat Map Property Owners List Letter of Request Survey Site Plan, Option A Site Plan, Option B Hardcover Calculations Site Photograph Construction Plans Flood Zone Map Septic Card Pertinent Code Sections - 1. 2. 3. Section 10.23, Subdivision 6(B) - Yard/setback requirements. Section 10.22, Subdivision 2 - Hardcover regulations. Section 10.55, Subdivisions 8 & 10 - V^etlands and flood plain regulations. 4. Section 10.03, Subdivision 12 - Garage to house setback. Pertinent Figures Setbacks A. Front Setback B. Side Street Setback C. Creek Setback D. Garage-House Garage Existing Required or A1 lowed Applicants Option A Var. Staff Option B Var. 46'50'45'5'39'11' 55'50'45'5'37*13' 14*26'20'6'26'mmrnm 5.5'10'5'5'10'— — J !: Zoning File #1647 June 11, 1991 Page 2 Hardcover Existina Allowed Applicants Oprion A Staff Option B 75-250' 250-500' 33.9% 13.4% 25% 30% 33.7% 15.9% 28.9% 20.8% Lot Coverage:12.5%15%14.3%14.3% Pertinent Facts - 1 . The applicant proposes to remove his existing 412 s.f. detached garage and replace it with a 624 s.f. garage. This construction will also en;ail some additional driveway. 2.In discussions with the applicant, staff has suggested a second plan, discussed in this memo as Option B, which reduces the number and extent of variances needed. Please refer to Exhibits F and G to compare Options A and B. 3.The applicant recently purchased the vacant lot formerly known as 3401 East lake Street, and ha.T legally combined the two properties. However, even with the additional lot, the gross lot area is just under 12,000 s.f. or about 0.27 acre in this 2-acre zone. 4."Stubbs Bay Creek", which flows from Lake Classen to Stubbs Bay, flows through the rear of the property. This is a major drainageway for north central Orono, and staff recommends that any variances granted with this application be conditioned on the applicant granting the City a 20' drainage easement centered on the centerline cf the creek. 5.The 929.4 normal lake elevation contour is somewhat east of the mouth of the creek, hence a portion of this property is in the 75-250' setback zone, with the remainder in the 250- 500' zone. There is approximately 277 s.f. of rock withw ^ ^ ' — - - - -K ^ mm plastic on the property, which would have to be removed as part of the recent Council directive on hardcover. The plastic could be replaced with nonwoven fabric weed barrier if the property owner desires. Option A vs. Option B Referring to the variance request table at the beginning of this memo. Option A requests a 5' setback between the garage and the house, and a 20' setback to the creek. Under Option A, the garage would extend closer to Eastlake Street and Bayside Road than the required 50' front and side street setback. Some widening of the driveway would be necessary with this plan. 1 r Zoning File #1647 June 11/ 1991 Page 3 Staff recommended Option B to the applicant with the intent of maintaining the required 26' setback to the creek and 10' setback to the house. While this reduces the street setbacks, the garage still remains behind the front line of the house, and is screened from Bayside Road by existing vegetation. Hardcover with this proposal is slightly higher than Option A due to the probable need for slightly additional driveway width. Flood Plain Issues As can be seen from the attached Flood Plain Map, the house and proposed garage are in Flood Zone B, a sheet flow area between the 100 year and 500 year flood boundaries, by definition the "flood fringe". Sheet flow would occur if the creek overflowed its banks onto the adjacent land, which is generally sloped toward the lake. Such a sheet flow would be of relatively short duration and probably only a few inches deep. Our Code allows structures in a sheet flow area under specific standards. Staff discussions with the DNR resulted in confirmation that they would not specifically review this type of application, as long as the garage floor is 1' above the 934' regulatory flood protection elevation at that point along the creek. Therefore, one condition of garage approval would be to have the garage slab elevation no lower than elevation 935.0. Approximately 1' of fill would be required to accomplish this based on topographic information in our files. Staff has conferred with City Engineer Glenn Cook on this, and would recommend approval of a "flood fringe" conditional use permit under the above-noted conditions and per any requirements the Minnehaha Creek Watershed District might have. Sewer Issues The property is within the Stubbs Bay Sewer project area, and a very recent inspection of the septic system indicates while no surfacing is occurring there is a clay tile outlet at the creek, which in 1987 was noted by the previous owner to be a direct laundry discharge. That owner was advised that such a discharge was illegal, and he agreed to stop that discharge. However, the pipe is still in place and Septic Inspector Steve Weckman is currently investigating whether it has any current function (i.e. footing drains for ground water removal), whether it may be connected to the drainfield, and whether it can be removed. PC ffI ^ Zoning File #1647 June Hr 1991 Page 4 The existing septic system apparently consists of one or two tanks and a very small drainfield probably within 10~15' of the creek. We are carrying this system as a failing system, aTthough there is no visible evidence of a surface discharge fro.-n the drainfield. There is absolutely no way to replace this system meet minimum code standards, and the separation from the water table would suggest that any existing drainfield on the property is not providing proper sewage treatment. There likely has been no visible hydraulic failure because the sandy soils likely allow direct underground flow of effluent to the creek. The point is that the only feasible replacement system is a holding tank should the City decide to take a stricter stand on enforcement in the Stubbs Bay sewer area. Placement of a garage in the proposed location has no bearing on the feasibility of holding tank installation, other than the financial ramifications. One can argue that by allowing a new garage on the property, the improvements to the property tend to prolong its continuance as a substandard lot with structures that have substandard setbacks. On the other hand, unless the City is prepared to condemn and redevelop this neighborhood, it may be unreasonable to disallow replacement of a letached garage. Staff Recommendation If Planning Commission determines that there is sufficient hardship and justification to grant variances to allow the proposed detached garage, staff would recommend placement per Option B, resulting in an 11' front setback variance, a 13' side street setback variance, a 3.9% hardcover variance in the 75-250' zone, subject to removal of plastic from all decorative rock beds on the property, and approval of a conditional use permit for work in the flood fringe area, subject to minimum garage slab elevation of 935.0', subject to any further conditions that may be imposed by the Watershed District, and subject to positive removal of any potential septic system discharge conduits. Isv CITY OP ORONO - VARIANCE APPLICATION Ura yr»*>>o i tW Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) 'Jy •- % j /•TTV f*L r-OniM .^11 U" C’!XU»«U* rv;.r^;;rr nrrrrr I *• . I -f *T •r !» i a W'u“v‘ - V\. V M rrAi :l O-r /■. "tVrf H- C w w* • V PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) ,.U~7 3— Attach legal description to application if not included on required survey. Ryr^Ipr-jH^m YOU dpiypco ROl Jll:^ 05/2iy APPLICAHT Name B SBAJe>iT' Phone (home) ^7/f CiB 9 3_ Phone (work) ^7 ^ ~~ Address ST _ :^ity: OWNER (if different than applicant) Name _ _ _ _ _ _ _ _ _ _ Phone (home) Phone (work) Address:City:ZiD: Date Property Acquired -* S* ^(month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY i (p ^ Ik/ Present Zoning District A /v / X j Present Use of Property Residential Other (specify) Estimated Construction Cost $ ^ _DESCRIPTION OF REQUEST Describe request in detail: Si^E VARIANCES REQUIRED Lot Area Lot Width X Hardcover SetbaeJe Variances ( X Front Side Rear) Other Th HARDSHIP , . ^Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations _ _ _ _ _ _ _ _ ___ _ _ _ _ _ ___ _ _ _ _ __ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:- - - - --- - - - - --- - - - - - - - - - - - - - - -- - - - - - - 2. 3. 4. REQUIRED SUBMITTALS 1. Completed Application Form _ ... Certifis^ Property Owners List of owners within 1^' (you must obtain ’Hty'DiFi'rtment orTiKince A-603 Gcvt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8% xll for reproduction). 5,\l Topographic survey (existing and proposed elevations) ir any cnanges in existing grade are proposed (provide one copy 8J5"xll ). ^ Sketches or plans of floor & elevation views (provide 1 copy eJs'^xll”). As an addendum to this application, please attach a separate list of any other .persons you wish notified of this application. Additional items as may be requested by City staff. 6 7. J 8. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete— ^ nformation has pot been included. APPLICANT'S SIGNATURE . The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date —*/'/ OWNERS SIGNATURE j The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tlon and verification of this request, Owner's Signature r^JL<^JjP<F^ _ _ _ _ _ _ Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Ccuncil. If an applicant unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & oning Office of this change prior to the meeting. i I r 1 Vv- V • Ni ’ I •i. i*^RUH DATE 05/09/n n BATCH 007 • ‘-r; %; PROP AOOR ; : OHNER NAME TAXPAYER r NAHE/ADDR ;■{ t ^ 0^ A, ^ », ' • .• • i ^ .PROP ADDR ONNER KAHE : • TAXPAYER >*.MU KAHE/ADDR \i ■ • f•- • «.iPROP ADDR ' '%0»MER NA^Z TAXPAYER- . NAHE/ADDR M' PROP ADPR ; 0»f«R NAME TAXPAYER P NAHE/ADDR . V. if ■■■ • ■ s ‘? ' ^ PROP ADDR i t OHTCR NAHE ) ; » tr 5 • i : ..S 1 •• - I J •• i' i• it % , I •'r HEff^PIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY O^t^ERS LIST 5B 05-117-23 13 0032\ 03405 EASTLAKE ST t.r ' • I DENNIS MC6REEVY DENNIS HC6REEVY 3405 E LAKE ST LONG LAKE MN 55356 .''•W t• •,l4 • 1 •• 30-^ 05-117-23 13 0040 ^ 03415 , EASTLAKE ST ; MARY H RASMUSSEN ‘ ^ ♦ • . ¥ MARY RASMUSSEN 3415 EASTLAKE ST LONG LAKE MN 55356 ' 1* !t I •>! .V P 30 05-117-23 14 0034 00030 ESTHER M ADDISON f *ADDRESS UNASSIGNED ^ / .; I ^ MRS A L ADDISON * '• 3302 BAYSIDE RD LONG LAKE tfi 55356 0 I 30 05-117-23 14 0037 00030 ADDRESS UNASSIGNEO ESTHER H .ADDISON mS A L ADDISON 3302 BAYSIDE RD LONG LAKE Ml 55356 ^ \ « f ,» . Y-V V'S NAME/AOOR 405 1 LONG 0 '' • ■■ . i't' it- r-f * ^ f 'A*. 30 05-117-23 41 0022 00405 OXFORD RD F DENNISON SHAH JR ETAL F DENNISON JR A JANET SHAH j: ^ 55556 1 • \ f. k , «« */ ti I * ^ • i p • (• • . > M|, .rf f.\ 5 ? '' ^■i3. ?rt : 4 , • .trt >7-mi i-h; t r A v6 • 38 05-117-23 .13 0035 03407 EASTLAKE ST DAVID C BURNS DAVID C BURNS 3407 EASTLAKE ST LONG LAKE Ml 55356 30 05-117-23 13 0044 03424 EASTLAKE ST T E RAOKE AHA RADKE THOMAS E A MARGARET A RADKE 3424 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0035 03382 BAYSIDE RD A L ADDISON ETAL MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0052 03390 BAYSIDE RD ROBT H A BARBARA l{UDER ET AL ROBERT A BARBARA HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 TOTAL BATCH 007 00013 REPORT NO. PI435401 V PAGE 14 ; , 38 05-117-23 13 0036 03409 EASTLAKE ST ANDREH FLEISCHHACKER ANDREH FLEISCHHACKER 3409 E LAKE ST LONG LAKE ^5356 38 05-117-23 13 0046 00038 ADDRESS UNASSIGNEO 0 A MONGE ANA MOIGE DEAN A A NANCY A HOT^GE 3444 E LAKE ST S LONG LAKE MN 55356 38 05-117-23 14 0036 00036 ADDRESS UNASSIGNED ESTHER M ADDISON * MRS A L ADDISON ’ 3382 BAYSIDE RD LONG LAKE MN 55356 30 05-117-23 14 0060 03403 EASTLAKE ST G E A E E BENOIT GERALD E A ELLEN E BENOIT 3403 E LAKE ST LONG LAKE MN 55356 • • *. \ H JB V r n ■'■.i tnr.i:: 'I ft i 5’; {•' » t*. V' 1:* IL ^ \ M • O i « ; » p . I • k . • r • i * f I . ’ - r i , I s— ^ • .rt t < -_____ .“I ; J '^.-•C.,lk V' i**«*‘* ... ;•*., • • •' ijJji U^’L* * . *^4^^ LL(1^ CXy j2 Ca.<^^^CLco,^^- (XajL ‘J^nJ'UMtJkf , ’ <* 't^ ^ ‘ £cul ^..UL4jC^ ' V . 'i:il'^,. J^ Oy Ca^^L ^iy ^Ar^. 72^^Jy^ /aL £^S #“ • - •, • , -'~*Sy‘j4 "*• - V-.- •: .'• ■■>'*;;i::}'-v.- ‘'.':'' M r-i- ••.. '•' * • * . . , .•••,.. ^ * • ^ * -.... __________ _ . >- ^=;vrv: - ?;• C... ^4,2^ % .•;..* ******• . • • • , • -rf . •' 4 - • • • .- ■ . - * ^:7^xcf^ MJj£^ « • ' ♦ - 4 * ',•» •*, •' .■l:'*. •'•'*.■•'Vv*^- •':,."l'**^'^-V/».' .C»» ■*• t / y—• ' ■‘••.r"*".. V. ” *'* • •■•. ■.--<* r •■.’.«•>.■.•.* V . 0.<?_ •'.•.■■./,• •.....••.v.:-.--....--.;,..Arf ’*-/:c*^ » 4* SK^cf^ c^dua^~i^ _____/_0 ^__ _________^_ ..•:V »..•— *i •'4 * .'. j i* ■■ : ■ . • • * - y» ■♦■V-- ,.V •• .:':KU^^J 50 <3 • •• . .-%>•*•»*. *. « t -* * * •■ * -• !"Z •*> •* J, . .. 4* ■•. V *•.' ^^** «^ ^ ■ .* . • • V..'•• «f. ^0 * 4*^ *' 5 # »*’ . -V *,• / ,» • r. . .i .ff. ^ / /^ viW-i < >r'T ;.•; t' .;• *t ..: V./ • •**•■•’• r • /. •/, •• ••. V- ,w*.- rf - » * .t.. .t* .t ««f.. ' -V 1*‘4* . .*•1 • ***•*'. «4-^ • |V«*» i •• ..« <• .**•*••?'.• « I /. V* ‘"i•» . • ,f* VI.* i. -i- W ‘- w * ^ ’Gerald E. Benoit ock S, Rayside Addition to Lake Minnetonka Hennepin County, Minne s o t a rrc~.% k. • sire Pla oeTfot<i Oo "t> V •^\u: - - ,- ■ J- - »■ ^ r%. • *• -• .jWi « ^ .* - r ». —•- —^s - » - t*. SU..^.m \ ' - ^ «• »« <« : • • • • • saggnr:^-t.:r.-~.r t T-# -J 'tr^ It . 1* cwacr-^^^.-^ptt 4-*'T--rk •* — *'"t. ■~**^*^ **~ “ ■ «r~' *~ ■ - -..«» . - — - —. . -aa- - * rs • ..■> « I.u: 1. ' - ^ ^ ^ Gerald C. Benoit ock 8/ Rayside Addition to Lake He n n.e pin C o u n t ’ ■■, M i n,n.'rj e o t a ' 1 • I ,0 O T*' ■ ' ^i i A ; w w 1 I J V c i \ 5 ire Pi!^ ^pTlONi"8 E as'l Ar/tiS s/. Eas’f’, 82.70 Oo O W<2sf .151.^0 V \ . t *..• .* *. • .Aik m r b [• c. iit*y C j S6iK>0>1^ 7 *“ *- “"7 / HARDCOV'^R CALCULATION WORKSHEET SETBACK zone : (C.RCui ONE) 0-75’ Existing Hardcover in Zone A. ■ House ' B. Garage c. Driveway E. Pat 4^ •:3eGK. - :$^oop G. Other length • «• D.. Sidewalk 6.^ • F.L andscape AREAS ' • UNDERLAIN / nv .• • plastic ’ SHEETING WIDTH c • X /J.3 13 • • X X 1 « - X 4 ."Z- _ X • • A Total Hardcover in Zone Total Property Area in Zone 9s7.B 4 Pb 7/4^ m mm • * • • '** * I • . < • * ¥ IK} , r aa• • A S.F. S.F, ^ S. F. S.F. *J? •___ S.F. S.F. ^ S.F. ^5. 4 ' S.F. 75TC7 S.F. S.F. S.F. Sc>:L S.F. • gZ.4 S.F. • * •. .. ••• •• • /-f S.F. S.F. S.F. • g "s.F. S.F. 7/-^ 9 S.F. X 100 B /3.’^ jyp • . »• r «w / ./ •' vf ' t’.. T- <!!b> <fr. HARDCOVER CALCUUTION WORKSHEET ... SET3ACX zone: tciRCUE ONE) 0-75' C75^25^ 250-500' 500-1000' Existing Hardcover in Zone. . > T - ;# / • • A. ■ H ouse X • # < / a : ■V. V '■' S.F.. • W •• J:i LENGTH ' • • WIDTH X z (,.z.S3 ■ ' <?S6.? ■ s.p. 4 • X • ^.2.s S. fV i 4 ry<il hoL’^J'^ z ^ ' 7 ^X .. <=( (. 2 as 5 ° • J S.P.-■ Z40Ss> Oait-O-Zz-OtK t .t • •• • • • , • ft- . .X • S.F. 27.5" »* B. Garage ........X •4« 0 35.5^ HO ■ S.F. * • c. D riveway .X SI ' • S.F. X s:S.F. •• D. S idewalk •X 6 ' ^ S.f. • 7. ^X • S.F. % • • :?.r M X Z.o S.F.S3.^ E. Patio / 3.2 Dscx ■ 7. • X ‘Z* % •Z.Q -. 3l, q. • . S.F. % izs.o • F.LANDSCA’f^ “ _X Z.o =3 • ■ S3 0 S.F. • AREAS UNDERLAIN BY , '6 __X /.r _ S.F. PLASTIC SHEETING ^ X • • S.F. 2 3 X / ■ *23 ■ ■ . ■ • "• X a • S.F. • • •• 4 • /^rr 14/AU ^ G. Other •X .^3 S.F. • S9,^ . Total Hardcover IN:Zone /(>27 ‘3 S.F.A • • Total Property Area fi un->__4 IN Zone S.F.B • B /fSOO • X inn - 33. J Vo • . / • . •• •• • ■ ■ •• •>•••< V* mm f 'I / /• mi HARDCOVER CALCULATION WORKSHEET - • . • SETBACK zone: tciRCLE ONE) 0-75' 250-500' 500-1000' Existing Hardcover in Zone. ? f ‘r>- J A. ■ House r/'V i * . \ ' V*S.F^ * w / LENGTH '• •WIDTH _— ' •. • X = ■ ■ -?50.<Z S.F, X ^.2.= ^0 .s S.F.•?Vf. 2 rj-/.// hoL-i.’^ • ■ Q c.c.:> 1 • ■" • ■ 7 'X 2 - lirS.O '.A S.F.-~ 0-2 • • • • • # t-X • S.F.T93-9 -^ofal tUlUtr 27.5" **■4. O HP, B.Garage . _ __X 35.5^= /^/. 7 S.F.4//.? -ha-hal C. • Driveway •X • =a ••S.F, •’ X • . S.F, D.. • • S idewalk • ___X 6 = //. 4 S.F. • • 2.a X = ..S.F.• • 5.^ M X Z.o - ~7 S.F. E.Jatio /. 5.Z 7.X 9- % • z.o . 3i,q = 9? '■— • * j -S.F. • • Izs.o• • F. La N DSCAP'E ■ :X z.o = ■ O S.F. • AREAS UNDERLAIN BY . ...........X /.r » ZZ.S'S.F. PLASTIC SHEETING ^ X n•• S.F. « /7^.^rpMl 1 3 X / •2 3.......* X =S - . '' S.F, /?#•/: u^ju ' . G. Other •X = 59./S.F. • 39. £ . Total Hardcover IN Zone n>2i.3 S.F.A t • • Total Property Area A un.^ 4 IN Zone S.F.B • B A600 • • X 100 -%t • f *• • • • • • . 'I • •• •«•••«• •• • • « ••%•• % % m i . •• • • ^ • •• • • • • • m • • • • • • • ^TPiFF fijB/if^ /V^AO^ovenL 75^zro /-fO oi s.^i^Fo^'noc^^ J ^IkCU (-.f.-^ (^pOM~70tO ) !>x? I A Y 3tb«?/^-)AcM^ __ . D<^C4^ pes^fLi^^PoCT/C 0pf70f0 A CVT/O/U B ?i5e (2«d,UL •? pLtWC- /: (U:Mjet- 2,SX>~SOC)' fliePo^e^ f-/-C k{CMs€(fi^<^ 170/^ ^AAf<<i€ Cfoitno/j') _____u_...... (At>^ . ,s .. _. S tZxs P ...... _jfecvLi/4^j:::i!C=__ 7‘?!?. ^ E HO siz ..........., ■yv ///y 1* ^ \w-'/c . C>->0#<5. ^ HOA \-zsr j2 0 \. C\n(„. s')C/76,.SJ s=i.S C')7«i2,.6') IL]L.\^Z7>n ’A *)B.2,9>.\/. ^ ::f, ;mcu i2 _ 2.£>S , S............2.03,3 ‘ .... ____________.._. ,S?2- ............. ... ^ £3LA SOS'i ______m.....370 ._ .. .. .. 75 “c9 7r. ? .... ._ -... / -j 1 /----------------------------------------------- 2.c.,C. ■;___"SC..6. '<5<5,^/5(9.0 ................................................................................ ^ 7/2 ‘=l ,2.-/5;'?/. V* ' J C^O • ' ✓ ’ ^1‘d.W''^'zo,h‘A _ • .......... - -................................ r^P-r-’^AiA — 2-7 rT" .oA^ttaa J iP —r !•:'r. ^ m • l * . • \ K-: ■ ’ R;- ‘ > ^ WCa IT -1-' V - ‘ ... . i ■ ‘ ’^■^3KMfL^'U- -vw - t' •■ <* , V ^' : . ■-.*■ ■ . .«•*.. *.V t-S • « ■ - ■' ...... ... • / ^ V . -.»■!»' . ■• ,. •- *• . ' ♦ ' • * ".'>i..'- ' '.:•; ■•- '•'■■ *■’■■■.■, . *, • -- ' mlrM - 'Si® K.A fJ ’ '•' T ' 75^ ' *4.5 £\» ?•' . . . V-* - l • . * ri • ^ • ^ v.;-*'^- v^ —r . - • "-* . ► ' *...*.• —v% >:.' ’^v % .. . : ■’■ " i» » ^ Jil . . ^ V . r ^ v>;^ . . . ; , .:--/,-^;7; .-..ViV*,. - ' v*'*'*"%'-* Cr-’-.-- :‘•-.:.v, ■.■.'■'• . '•-• ■• ^ ’•. * • *ur. ■ .r- * .. ■'■ - • • A/ .' * 4 - %\- ' ■•*% ■ • ■ , • . ».«*,. M' . 4 ;- \ ::-.e::>: , •:■ ^- V ^ r:r.,;,: ■ ■'•' » * V ■■!'••' v: ^ ^ -------------------■ • - - - . ■ . . - • .. ,^. .TLm-. ■>•■■: O^O^-y 11 : •• •■ V ;S :. V- •,..;:v V ;• ■ '-^ ■ V‘;:;' V..v;.;; • . . - . # 'r ^ " - * .. ^ , • - • • /> ■y 'H-; J. * K.•'• ;■ HiMWh * ^ • * * t • < « • *■*? " • ... O X* Jf^^/ B t'A^ 3 ~}qe>*> & •5’’' • •'-• • i ^ »«* «''*«»» 9 •« 1» g| • • ‘ •*/ «•«► »<# » ■•••.* ^ # • • •,%•■• •«.••• # • lAM-iASKUd r ••'r h‘ r lUfeteu_ KEY TO MAP iOO-Year Fiood Soundarv '00-Year Flood Boundary ZONE B Zone Desi«nationi* With Date of Identification e.s;., 12/2/7-i ZONl ^cDATE iOO-Year Flood Boundary 500-Year Flood Boundary ZONE B Base Flood Elevation Line With Elevation In Feet** 513 Base Flood Elevation in Fee: Where Uniform Within Zone** IEL987) Elevation Reference Mark RM7 River Mile • Ml .5 '•Referenced to the National Geodetic Vertical Datum of 19u9 '^EXPLANATION OF ZONE DESIGNATIONS :o\E A EXPLANATION Areas of 100-sear flood; base flood elevations and Mood hazard taciors not deiermmed. Areas oT lOO-xear snallow flooding where deoths are between one 1) and three 15) teei; averai^e depths of inundation are shown, but no Mood hazard factors are determined. AH Areas of 100-vear shallow flooding where depths are between one (1) and three (3) teet; base flood elevation*' ) shown, but no flood hazard ^actors are Jetc riiined- A1A30 A99 Art as of lOO'vear flood: base flood elevations and flood hazard factors determined. Areas of I vO-vear flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. B Areas between limits of the 100-year Mood and 500- ycar Mood; or certain areas subject to 100-ycar flood ing with average depths less than one (1) foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood. (Medium shading) C D V Areas of minimal flooding. (No shading) Areas of undetermined, but possible, flood hazards. Areas of 100-vear coastal flood with velocity (wave action); base flood elevations and flood hazard factors rot determined. V1-V30 Areas of 100-vear coastal flood with velocity (wave action); base flood elevations and flooc hazard factors determined. i Ijkl'.j.f IlilHI > 7 A ^IJMITOF DETAILED \ STUDY .......WATERTOWN Unnamed Tributary vv To Stubbs Hay LIMIT OF DETAILED STUDY '*-----' »-------------4------------- ZONE A1 IN THIS TO SHOW TO SC AREA TOO NARROW LE AND DOES NOT EXCEED BOUNDARIES DELINEATED. ffTII > < £D < h- (/) > fnu 4-- I . r ■« uv. n.. 1 "r MA ti i* r- NOTE:FLOODWAY “ FLOOD FRINGE DESIGNATION NOT EVALUATED FOR LAKE MINNETONK. (SEE TEXT SECTION 4.2) STUBBS BAY LAKE MINNETONKA SHEET FLOW AREA [1— 40 Cirt'OFORONO address CODE Dra CcnnectcO tc SEFTIC SYSTEM INVENTORY CARD Mun,ooai s.w, Addreu 2 ‘-^03___ □ Standard trench □ Mound System type O Other Permit No. ----------- Property 1.0. ------L WELL data / dL. S ____Lev' D.imot.on ~ Installer Building type ^ SEPTIC TANKS: Material Propar outiat and Inlat — Baffles No. Beoroomi orGPD Laundry Diih'^^her Garbage Ditoosai Capacity 1) Liquid depth to RO level Height of tank bonom above water table . Distance to nearest building DRAINFIELD: Total length of lines Total treatment area (sq. ft.) Type of filter material Number of lines Trencn width Height of drainfteld above water table Soil type i Distance from nearest bldg. Depth of fill over dreinfield Tile size Parc rate ,min/in .Depth of rock over tile under tile •J —T ■I •* #« 0 - * • -1 - N i—— m t • * - •• •' * INSPECTION RECORO DATE PUMPOUT RECORD location SKETCH hi 4 COMPLIANCE >/g»/vie jijO 7» 9 • /UQ ca^.1 jf -gV ^uAi/upe. A.’org^ fir»-TT3 ^ . V ■•“/IQ :>t/,/ y)0 clrars^-^______ •H b?. « • iT c-CONFORMING s-substandard N - NONCONFORMING Includt: II Wail location 2) Distance from house to septic tanks, dift. box, and dreinfield 3) North arrow and road I- A*:- - .#sW V.^ AF. * h To:Mayor Peterson 6 Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From:Jeanne A. Mabusth, Building & Zoning Administrator Date July 1991 Subject: #1656 Donald L. Meyer - 485 Park Avenue - Variance Public Hearing Zoning District: LR-IB Total Area = 23,262 s.f. List of Exhibits Exhibit A - Application Exhibit B - Property Owners 7 ? Exhibit C - Plat Map Exhibit D - Neighbor's Ackncwre:'- aent Letter Exhibit E - Neighboring Property Owners Approval Letter Exhibit F - Hardcover Fact Sheet Exhibit G - ^''-vey Exhibit H - vations Exhibit I - Flc *r Plan Description of Request Applicant proposes a 26* x 26.2' single story addition to west or rear side of existing residence. Existing structure iS located 7' 2" from north side lot line. The addition will be approximately 7' from north lot line extending along the foundation wall of existing residence. The proposed improvement also includes a 12' x 26' deck to be attached at the west side of the addition that will meet all required setbacks. Pertinent Ordinances A.Section 10.24, Subd. 5(B) - Addition to principal structure will require side setback variance. Required = 10' Existing * 7' 2" Proposed = 7' Variance = 3' or 30% B.Section 10.03, Subd. 12 - Required separation between principal structure and detached accessory structure Required = 10' Existing = 9' Proposed = 9' Variance « 1' or 10% T" Zoning File #1656 July 1, 1991 Page 1 C.Section 10.22, Subd. 2 - Review of hardcover within 500-1000'. Allowed = 8,141.7 s.f. or 35% Existing = 3,239.2 s.f. or 13.9% Proposed = 4,209.6 s.f. or 18.1% No variance to hardcover D.Section 10.03, Subd. 14 (C) - Lot coverage. Allowed = 3,489.3 s.f. or 15% Proposed = 2,628.2 s.f. or 11.2% No variance required Applicant's Hardship Statement 1. Building in any other direction would require even more severe variances. a. Substandard 7' setback to north b. 13' street setback to east c. 9' from existing detached garage 2.Existing house was placed on property prior to standards. zoning Isv CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) ; ,/ After-the-Fact Fees (Double application fee) * • .1 •;i «*** > ^ :• I* f PROPERTY LOCATION Site Address Property Identification Number (P. I. D.) Attach legal description to application if not incluaed on 1350200000 legal required survey ^ _____________________________ ^hone (home) “ Name ' ~-----' ~ ------- (U/iK'f f 7^ M Jt » w.' • i/V litiEIyT-wm YOU Phone (work) ^7S ~f\\/J. I Xim • Address : Citv:<:-^W3 _ Zip:_^^2^£]£ OWNER (if different than applicant) Name _ _ _ _ _ _ _ _- Phone (home) Phone (work) Address:City:ZiD: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT OSE OP PROPERTY / ^ / /X Present Zoning District c /< /XV. Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request iu ,, , ,n VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width Front _ _ _ Hardcover Side _ _ Rear) Other HAEDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual propert'^ conditions preventing ccm^lj.anc^ j«{,ith Z^ing Code Requirements : /•y/aoSC' Z^/9 OSC^ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. V3. V4. REQUIRED SUBMITTALS Vl. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Gcvt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8J5"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8*;"xll"). SIcetches or plans of floor & elevation views (provide 1 copy Sh^xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff.8. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further --uthorizes reasonable entry onto the property by City staff, consultants, ii j li.'i.ts, Commission members, and Council members for purposes of investiga tion and varification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled of the Planning Comnission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. T 'Sr M»Sli .£ .i V ' \ » t * s I ' RUN DATE 06/0S/91 . i.-' t • * « ; . f •$ * HEM^EPIN CCXJNTY PROPERTY INFORMATION SYSTEM PROPERTY OMNERS LIST BATCH 002 58 06-117-25 AI 0010 PROP AD^R ONNER NAME TAXPAYER NAK/ADbR AOlWE JOH^ ESS UNASSIGNED00058 VINCENT JOHNSON VINCENT JOHNSON 8106 HIGHHOOD Dk Y118 eiOOHINGTON MN ; ’ PROP ADOR ONNER NAME TAXPAYER NAHE/ACOR 56 06-117-25 41 0016 * . 00485 PARK AVE DONALD L MEYER ET AL ‘ DONALD t CATHERINE MEYER 465 PARK AV ' • LONG LAKE HN 55356 PROP ADDR 0»t4ER NAME T/KPAYER NAME/ADDR 56 06-1X7-25 41 0019 00480 LINDEN AVE JOHN D ALDERS JOHN DAY ALBERS 460 LINDEN AVE LONG LAKE MN 55^56 % , s *• PROP ADDR CM4ER NAME TAXPAYER NAME/ADDR 36 06-117-23 41 0022 00480 LINDEN AVE JOHN 0 ALBERS JOHN DA^ ALBERS 460 LINDEN AVE LONG LAKE MN 55356 f * • t ft PROP ADDR ONNER NAME TAXPAYER NAME/ADDR 36 06-117-23 41 0095 04105 OAK ST D H A S L ILSE DAVID H A SHEFtOKEE ILSE 4105 OAK ST LONG LAKE MN 55356 \ * * PROP ADOR ONNER NAME TAXPAYER NAME/ADDR 56 06-117-23 41 0100 ' 00456 LINDEN AVE M 0 DIETRICK-BLOCKER ET M 0 DIETRICK-BLOCKER 456 LINDEN AVE LONG LAKE MN 55356 •i. i « I • f r • » *> f . ♦ r • • ^ * 4-•f *? t • * ' i 38 06-117-23 41 0014 00038 ADDRESS UNA>SIG»4ED JOHN R GERHAROSOf4 JOHN R GERHARDSON 551 LAKEVIEW AVE LONG LAKE MN 55556 38 06-117-23 41 0017 00493 PARK AVE DONALD L A CATHERINE A DONALD L A CATHERINE A 485 PARK AVE LONG LAKE MN 55356 MEYER MEYER 38 06-117-23 41 0020 00480 LINDEN AVE JOHN D ALBERS JOHN DAY ALBERS 480 LINDEN AVE LONG LAKE MN 55356 38 06-117-23 41 0023 00480 LINDEN AVE JOHN DAY ALBERS JOHN DAY ALBERS 480 LINDEN AVE L0^K3 LAKE MT4 55356 38 06-117-23 41 0096 04075 OAK ST PHILIP A L RENATA BRADLEY PHILIP A RENATA BRADLEY 4075 OAK ST LONG LAKE MN 55356 38 06-117-23 41 0105 04085 OAK ST TAB ARGABRIGHT TIMOTHY A BARBARA ARGABRIGHT 4085 OAK ST LONG LAKE MT4 55356 » ‘ ‘ • • -V > '• • • * • -i f •>. •. A I •REPORT NO. PAGE I » « \ * 38 06-117-23 41 0015 00058 ADDRESS UNASSIGNED JOHN R GEHARDSON ’ JOHN R GERHARDSON 351 LAKEVIEH AVE LONG LAKE MN 55356 58 06-117-25 41 0018 00493 PARK AVE - DONALD L A CATHERINE DONALD L A CATHERINE 485 PARK AVE LONG LAKE MN ‘ 55556 • • •• • • ^ ‘A V • . ■-.■•f • / * t} * '’It ' *s ; . r •' '‘ii i • i - * V iia • i 38 06-117-23 41 0021 .. 00480 •LINDEN AVE JOHN D ALBERS . v JOHN DAY ALBERS 480 LINDEN AYE LONG LAKE M4 .55356 ■■'i'.'! ''Is.■ ^ T -5 s'- -j'-r 38 06-: 00480 TOOO E TODD E 460 PARK AVE LONG LAKE fti * .♦ • t 1 YV ' vK. •». ^ A •>• • . *•. 7 , • •% •i ^ :..v :h v’.. -.1] 117-23 41 0090 . . r ; ’ ' V • PARK AVE .s ; . i : . :. . ' I .'v • --J 56 06-117-23 41 0097 { 00499 TONKAMA RO / ! M S A R OOMBECK > A MICHAEL S A ROHATtiE DOMBECK : 499 TONKAMA RD LONG LAKE MN* 55556 * I • '•■rv . TOTAL BATCH ’ . 002 00017 •• .'l *• •. f I ' u Vi*, *r'' .■’tl *'.* it-JL_VL--.,.5* r • 'w*' >4 .1. ' >« %4 Zf‘ ' '9 55 »ES GOVT LO ’ 7 ITf 33 ^ 9?; # ) i % / % % V •e ;26) VAll ^ % t9 ^ *> > ’ ' »N*V t -6 ^ < ’O’) ^ :63l—— t<L !T iT » Z (30)_ 1-A» liO^I? "4 > * ^ *1 ■ , 55 ^(32) X ■^5 i„ •5 - i**;a u.|5<2 fl («) 1^^ S\ ’4^ !m »( ’5) ^ (361: aT S ''Z 3 ’31 !S N *6(99) s i3t 15 /** *< 17 •:2' V.|®4 6M 1'/’ 14'• 13 4 X 1 f • ’1 1 B 'f' f ^ > k. k i ?; *3)Q• a -4^a . ♦ • ' 3 B 5^•3 .4 B (9C) 1 ! r'5 .'92)Q• •>«r 5%1»> ^6 B *0 '9t :5 TO B 9 •21 /I a *25 ? W \K 1 #• “»S 4T • • V ’7 2 1 'b i 1 *25 1 •1^/" « : • J« i '“T 4^ ’9^ :5»2 \ * ^•j« ■*1*^ * 1 . 5c 9< •5 ) 3 25 5 V 142 64 !4 s *25 B iii >2 •3 64 e V B 5 125 ♦0 r —1 ' & (9«1 5 A ci t ICS la 7 ‘25 r-' A r V ^ ► • ^ - 8 H 73 T3 73 n .-v'/p: t4 1- IP AS*'~:i.v,2 4Q 3:f 43 •4^ t 5' *5 U' / r Adjacanr ?rc?er-y C-^.ara • Ac:tncw^aage:=enc yOj . , I (we) ,ToA/Ai /r/j W----------^----------------------- [print nane(.s)] D 'vriT.z address] Aoolication No._____ *• *• , ^ j in PYscut ’nq this acjcnowledgement , I (we) an I («e) of the property or use (are) not asliea to dec -a.a J-- C'ur.oil that I (we) am (are) aware of but merely to "that'the proposed neighbor's project or use the improvement plans and that t. p f requires Council approval. d^A/fz_________________ Property Owner Dare Property Owner iJL 1 j J®ate^ i.'"' I -/') •/ I (we) ***********^***********‘************** ^ > TTiw^/ /xLc/—¥i^oHmK irint n^e(s) ][print ■print address I 1 « 1-Hp oroDosed imorovemenc or proposed use of the have reviewed the ‘ also referred to as Land Use property located at ^ ------———• Application No. —♦ I (we) understand that in (are) not as)ced I (we) am (are) aware of the rmrrovem^nrplans'and that'the proposed neighbor's project or use requires Council approv e^ 'Am. Property Owner y d^HiDate Property Owner If you have you “coISient “’to^ thi" Building s L'nrng%«i=e a\"'’lea'st" irda^ys prior' to the scheduled meeting date. 1^ 6/3/91 TO; ZONING OND ODMINISTRfiTION CITY OF ORONQ FROM : DONOLD L. MEYER A85 PORK nVE. LONG LPKE MN. 55356 SUBJECT: “f Ti STPTEMENT FROM ODJPCENT PROPERTY OWNER, WHO WOULD BE AFFECTED BY GRANT OF P 5-FOOT SIDEYPRD VARIANCE. o This note is to state that as an adjoining property owner to the parcel known as: MINNETONKA SUMMIT PARK BLOCK £ LOTS 5,6,7,8 I have no opposition to the proposed sideyard setback variance. (rS'-Ja-;/ HARDCOVER CALCULATION WORKSHEET SETBACK zone; kiBCLE o:m) 0-75' 75-250' 250-500' QmOO^ ExisTittG Hardcover hi Zome A. ■ House -P7.5 X V LENGTH /J. / 9./ ■ F. V ^ / ^ ’ B. Garage - . ■ 2-/. 3 c. Driveway S fooi^ D.. SW}feWAtri^ _7 f\ i. E,^AT>e/ sre^j F. Landscape AREAS XOCt UNDERLAIN BY ............ PLASTIC SHEETING (9/^ A. /. r/(j G. Other /o.e X X WIDTH 5-. S 5. S' 2. / 7-9 Zl.3 /^•Z X . P. 2 y. ^ o * i Total Hardcover in Zone Total Property Area in Zone 7^5 • yc 52. s /7. c 12. S Z2. 15 2 ? S. € S.F. S.F. S.F. S.F; 2 2.0.") s,p, ^ S.F. //^ O S.F. 222- C ■ S.F. S.F. Zo2. 8 S.F. /S3 3 9. 2 S.F. S.F. yy S.F. S.F. S.F. S.F. SZ39.Z. S.F. 23. 2€Z i. S.F. ?2 79. Z 4- E 23. 2^Z X 100 /7. 3Z • S.F.‘ f 9//. Y f V. =tfc B ) — -7a.' 7 V ><• /^ — 2 — l2 S' ~ 5 ^S', y - /6.- 2t>.Z\l€.C _ C23t.2 ^i.ir ^ ^ 7 Prom Date: Subject: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator July 2, 1991 #1658 Lyndon S. "Bill" Stubbs - 2555 Fox Street - Renewal Variance - Public Hearing List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Ehxibit K - Exhibit L - Exhibit M - Application Plat Map Property Owners List MacKinnon Letter Registration Application Wetlands Map Septic Site Plan Survey - Building Envelope Planning Commission Minutes 5/21/90 Planning Commission Minutes 6/18/90 Council Minutes 7/9/90 Council Minutes 7/23/90 Resolution 2841 Description of Request Applicant was granted a lot area variance on July 23, 1990 subject to the condition that prior to the City issuing a building permit, registration of the property was to be completed confirming acquisition of disputed lands on north, west and south side of Lot 10 of the property. After much delay, registration was commenced in March of 1991. The process is not yet complete and should be finalized within the next few months. Upon completion of the registration and confirmation of the dry buildable lot area within the building envelope, staff may issue a building permit under the development guidelines set forth in Resolution #2841, Exhibit M. Pertinent Ordinances - Zoning District RR-IB 1. Section 10.28, Subd. 5 (B) - Lot area required for rural property. Required = 87,120 s.f. or 2 acres Existing per Auditors Subdivision #229 = 47,908 s.f. or 1.10 acres (exclusive of drainageway = 1.04 dry acres) Existing per west lot line of Foxwood and Foxwood Addition* = 63,598 s.f. or 1.46 acres (1.4 acres exclusive of .06 acres of drainageway) Variance = 26,136 s.f. or 30% * Neighbors to west have confirmed that they will not contest registration of unclaimed land corridor on west side. Zoning File #1658 July 2 1991 Page 2 2. Section 10.55/ Subd. 15 (A-1) •• Drainageway that intersects dry buildable envelope is not classified as flood plain nor defined within the City's designated wetlands. (Review Exhibit F.) This section of the Code is not applicable. This drainageway will be subtracted from total dry buildable area as set forth above in the calculations of dry buildable. Review of Hardships Review Pages 1 and 2 of Resolution #2841 in addition to the special conditions of approval as developed and drafted in the earlier review. Isv ■ ■ ^ CITY OP ORONO - VARIANCE APPLICATION ^ Q j) Initial Application Fee $175.OC ($50.00 per each additicnal variance) Renewal Variance Fee $100-00 (no change from original application) After-the-Fact Fees (Double application fee) - - - - - - - - - - - - - - - - - - - - iJ; : PROPERTY LOCATION . . .7‘'•'••ts- * , • 1 . r t* *r If fi ti,to'v^wyvv_ Sxte Address - --- - - - - - - - -— Property Identification Number (P.I.D. ) ^ .:vi AttLh leg. l description to application if not incluoed on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mpli^ (home)_y2^,,£±si------ ----------^ P>*one (work)_ill5:X±H^ Address . CA,^rrAu.^^J?ity: (V OWNER (if different than applicant, Phone (home)--------------------------- Name Sjlj At jT_________________________Phone (wor)=)^---------------------------- • Address: _ _ _ _ _ _ _ _ _ ___ _ _ _ _ - - - - - - - - -_ZiP =- - - - - -- Date Property Acquired __ _ _ _ _ _ _ _ _ ___ _ _ _ _ (month/year) 1 I (do) (do not) also own the adjacent parcels of land. PRESENT OSE OF PROPERTY 1> 7> '< 'P, Present Zoning District _ _/T/\ -- - --- - - - - - _ ResidentialPresent Use of Property_ _ _ _ _ _ _ _ZL—- - - - --- - - _ _ _ _ _ _ _ ether (specify) _ _ ___ _ _ _ _ ipv •• •• DESCRIPTION OP REQUEST Estimated Construction Cost - -- Describe request in detail: a\c. ^ ^ VARIANCES REQUIRED Lot Area _ _ _ Lot Width _ _ _ Hardcover Setback Variances (_ _ __ Front - - - Side- - -Rear) rV Other _ _ _ _ _ —- - - --- - - - - - - - - - --- - - - - - - - - - - - - - HARDSHIP Describe undue hardship or practical difficulty resulting from strict . enforc^ent of zoning regulations:_ _ _ _ ___ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _Ui- U •fON OP DDESCRIPTION OP ONUSD^ PROPERTO CONDITIONS / Describe unusual property conditions preventing compliance with Zoning QjjiierT?equTT«Cients ------ r*-i—t^AJXT rhci^ - -CJT 2. 3. 4. 5. 6. 7. REQOIRED SUBMITTALS 1. Completed Application Form Certified Property Owners List of owners within 150' {you must obtain this list from Hennepin County Department of Finance A-503 Gcvt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8% xll for reproduction). Topograohic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8>;"xll”). S)cetches or plans of floor S elevation views (provide 1 copy 8^"xll'*). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this applicaLion. Please remember that your variance application is not complete if the_aboj^ ■y71 formation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administraror, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby aOcowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request.- _ _ _ _ _ Date C/a^/' <r/_ _ _ _ _Owner's Signature Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building fi Zoning Office of this change prior to the meeting. ___________n-J----------------------* I 111 -Sy^* i, * ^ V,% \ ;ii3^ -■ (I3l A 1 r 1 Ik *2> • lt>' < >M tl ft A A • •V lVaMflC.it-MAllkl>iBri-ktfntfAMKWA*Uf.itAMi»iMrii VL/ RUN DATE 0^/26/90 BATCH 005 PROP ADOR OHNER NAME TAXPAYER NAME/ADDR PROP AODR ONNER NAME TAXPAYER NAME/AODR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR I JL HENNIPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY CHfJERS LIST 50 05-117-25 35 0001 00058 ADDRESS UNASSIGNED STATE LAND DEPT STATE LAND DEPT CONVEYANCE PENOiriG 38 04-117-23 41 0005 02420 FOX ST JOHN M A SUSAN D Rlf^ER JOHN A SUSAN RINGER 2420 FOX ST HAYZATA MT4 55591 38 04-117-23 43 0009 02625 FOX ST DAE PETERSON DAVID E PETERSON 2625 FOX STREET HAYZATA MN 55391 38 04-117-23 44 0004 02601 RAINEY RD RAINEY HAM4AH ANDERSON RAINEY HAfMAH ANDERSON 158 GROVELAND TER MPLS MN 55403 38 04-117-25 41 0001 00505 HILLOW DR S HILLIAM G ROBINSON HILLIAH G ROBINSON 505 HILLOH DR S L0f4G LAKE m 55356 38 04-117-23 41 0007 02580 FOX ST JOHN B A ID5TR0M JOHN B A IDSTROM 2500 FOX ST HAYZATA m 55391 30 04-117-25 44 0001 00050 ADDRESS UNASSIGT4E0 STATE LAND DEPT CITY OF ORONO ROAD 10/1/82 ST DEED 161920 38 04-11/-23 44 0005 DENNIS F KUMLIN DENT4IS F KUMLIN 2665 FOX ST HAYZATA 55391 REPORT NO. PI435401 PAGE 5 38 04-117-23 41 0004 00038 ADDRESS UNASSIGNED HILLIAM E OGRAM ETAL DEAN R LINDBLOOM 2630 FOX ST HAYZATA m 55391 38 04-117-25 42 0010 02620 FOX ST THEO HArTGENSTEEN JR TRUSTEE G JAY A T L BUHRER 2620 FOX ST HAYZATA MN 55391 % 58 04-117-?< <»4 0002 00038 ADDRESS UT4ASSIGNED LYMDON S STUBBS ETAL LYIIOOM S STUBBS 105 OLD CRYSTAL DAY RO LOrtG LAKE rtl 55356 \ C'' 1 TOTAL BATCH 003 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENTTEPIN COUTTTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEOGE AND BELIEF DATE t t. i 1 ^ i D [AV* r^FTK f.s Johnson & Wood PtlTR W JOHNS )N JOHN VS VS( X)D JR GARY 1. PHLff'.KR WARREN V BIGLEOW JR C. ROTT VLViME JAN!Dj M V LNTI KA WIIXEVMR KOLNUl ANN C SCHULZ RICHARD J SCHIFJTER BRIAN H fEW IliUO THUNtXS A^ SCHL'LLSBERG. II 7 30 EAST LAKE 5 T K E E T W AY 7 AT X M ! N N E S O T A 3 '• J M TELEPHONE 4T51SI5 TELECOPIER . I 3 ) 4 T 5 U I I 44 i(H vaj F.ARLEJ MEDERUECKE jAMF>n NU.KINNON a\si<tvst' ;10 5 COMMlRtC BOI It.AXL’ MOL NO MISNe?4 0TX 5 5 ) A 4 r E L E p M o N»: 6 I i ► 4 :2 .1 • ) 4» 0 rtiEt opiER .41.M it: •: j j DAVIDJ HFK/LCK FPrn» '11 HtCL> March 5, 1991 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Bill Stubbs Land Title Registration Dear Jeanne: Enclosed please find a copy of our Application, together with copy of the survey, which we have submitted with the Application, showing the property we intend to register. Previously, we were going to register additional property in the northeast corner of the lot, but we have decided that the complications in registering that part outweighs potential value. You should also note that the boundaries we intend to register are very close to the existing fence lines, so I don't think a neighbor should have any problem. Very truly yours, k,y // James D.^^^lacKinnon JDM:mb Enclosures f e STATE OF MINNESOTA COUNTY OF HENNEPIN n DISTRICT COURT 'i*~'\ i l_7 vy '' ‘/ji FqjjRTH JUDICIAL DISTRICT% ^ No. In the Matter of the Application of Lyndon 3. Stubbs and Lillian Stubbs, husband and wife, as joint tenants,APPLICATION To Register the Title to Certain Land. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) TO THE JUDGES OF THE ABOVE-NAMED COURT: We hereby make application to have registered the title to the land hereinafter described and so solennly swear that we know the contents of this application, and the scarements therein are true of my own knowledge save as to such as are therein stated on information and belief, and that as to -hose we believe them to be true. A. Names of applicants are: Lyndon S. Stubbs, age 74; and Lillian Stubbs, age 70. Residence address: 185 Old Crystal Bay Road Long Lake, Minnesora 55356 B. Applicants are married to each other. Applicants are under no disability. Neither one has ever been divorced. c. D. E. Description of land/ situated in Hennepin County, Minnesota, is as follows: ' . That part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 117, Range 23 lying east of the east line of the plat of FOXWOOD and its northerly extension and north of the north line of Block 1, in the plat of TREES TO BE, which lies southerly of the following described line: Commencing at the soutixeast corner of said Southeast Quarter; thence on an assumed bearing of North 00 degrees 40 minutes 40 seconds West along the east line of said Southeast quarter to a point 1584 feet southerly from the northeast corner of said Southeast Quarter, said point being the actual point of beginning; thence North 89 degrees 21 minutes 06 seconds West a distance of 412.5 feet; thence North 00 degrees 40 minutes 40 seconds West a distance of 119.99 feet; thence westerly 64.81 feet along a non-tangential curve concave to the south, having a radius of 567 feet, a central angle of 6 degrees 32 minutes 57 seconds and a chord bearing North 86 degrees 19 minutes 32 seconds West; thence North 89 degrees 36 minutes west to the northerly extension of the east line of said plat of F0XV700D and said line there terminating. The estimated market value of the land exclusive of improvements, acc<"rding to assessment is $6,000.00. to be registered, the last official Estate or interest claimed in the dominant estate is in fee simple and is not subject to homestead. The names and residences of all persons or parties, except the applicants, who appears of record, or who are known to the applicants to have or claim any right, title, estate, lien or interest in the above-described la.nd: NONE. F. The land is occupied by: Name Address Nature of Estate or Interest NONE. r \w G. Liens and ercuinbrances on the land, recorded and unrecorded: NOME H. Applicants do not desire to register the boundary line(s) of said land. I. Defects, if any, in applicants' title: There is a gap in the legal description on the north and west boundaries caused by the use of inconsistent reference points with the subject property and adjoining properties, and in the dimensions shown on the auditor|s subdivisions. Applicants, Stubbs, claim the property in the "gap" area by the doctrines of adverse possession, practical location and other legal theories. WHEREFORE, the applicants pray the Court to find and declare the title or interest of the applicants in said land and decree the same, and order the Registrar of Titles to register the same, and to grant such other and further relief as shall be according to equity. Lyndon S. Stubbs, Applicant Lillian Stubbs, Applicant r VW'. V'A>VW ■ Subscribed and swc^ii^o before me this 4^^ Ay dav j , 1991. 5 !i iM fi 'F.PENS l.'-V-g -"J^LiC -.V.INN'ESOTA day .‘/CIEOD COUNTY ^ My CoTirissioii Eipitw Sept 16.1995 Nota^y^ubl ic APPROVED Deputy Examiner Hennepin County Examiner of Titles Attorney: James D. MacKinnon Attorney I.D. No. 56059 730 East Lake Street Wayzata, Minnesota 55391 Telephone: (612) 475-1515 . r‘ ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1524-TRINITY PRE-SCHOOL CONTINUED if the program were offered at less than three hours. It was moved by Moos, seconded by Hanson, to recommend approval of the conditional use permit for Trinity Lutheran Church for a pre-school program, subject to staff recommendations 1 and 2. Motion, Ayes-6, Nays-0. Motion passed. #1525 WILLIAM & JOAN WROBLEWSKI 630 PARK LANE VARIANCE PUBLIC HEARING 9:06 P-M. TO 9:10 P.M. Joan Wroblewski was present for this matter. The Affidavit of Publication and Certificate of Mailing were duly noted. Qaffron reviewed the information contained in his memo dated May 15, 1990. Kelley asked Ms. Wroblewski why she needed the additional porch area. Ms. Wroblewski replied that she would like enough room to be able to sit on the porch. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked whether it would be possible for the applicants to place a roof over the porch without obtaining variance approval. Gaffron stated that a future variance would be required since the roof would constitute an encroac.hment of the 35' street setback. It was moved by Johnson, seconded by Moos, to recommend approval of the hardcover variance to construct a concrete addition to the porch slab. Hardcover in the 75-250' zone shall reduced to ‘15.6%. Motion, Ayes—5. Cohen, Nay. Motion passed. #15z7 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE PUBLIC HEARING 9:11 P.M. TO 9:30 P.M Mr. Stubbs was present. Mabusth reviewed the information included in her nemo dated May 17, 1990. Hanson asked, taking into consideration the drainageway that - 13 - BTHtl ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1527-STUBBS CONTINUED will run through the property, whether there is sufficient land for a building envelope and septic sites. Mabusth replied that there will not be room to construct a large home, but the lot can sustain a reasonably sired (4 bedroom) residential structure. Kelley asiced Mr. Stubbs what hardship he hau for requiring a variance to the two-acre standard. Mr. Stubbs stated that there is no additional land to acquire. He said there will be no impact on adjacent properties. Bellows asked whether a setback variance to the septic code will be necessary. Gaffron replied that such a variance will need to be granted by staff. He stated that in this case, with the drainfield sites located approximately 15* higher than the marsh area, he has no concerns. He noted that a trench system is recomraended for this property. Johnson favored the development of one residential site amongst 26 acres of land. Kelley asked whether restrictions as to building size should be established. Hanson stated that the capacity of the septic system could be used as a guide for the house size. Gaffron suggested that the number of bedrooms allowed for the home be recorded in the chain of title for the property. Bellows expressed concern about the use of bedrooms as a control. She stated that a four-bedroom house could still have 10,000 s.f. Bellows questioned whether it will be possible to sufficiently legislate the development cf this lot. She suggested that this may be another parcel of land that is not meart to be developed. Cohen concurred with Bellows. Gaffron noted that there are ways, through the variance process, to regulate the size of the house in accordance with the capacity of the septic systems. He cited a particular application for property on Eastlake Street where that was done. He also noted that septic systems are reviewed whenever permits are requested for additional bedrooms. There were no comments from the public regarding this matter - 14 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1527-STUBBS CONTINUED and the public hearinc was closed. Kelley su9cested tabling this application to aliow tin:e for scaff to determine a method to regulate the size of the house on this lot. It was moved aoDlication #1527. Motion passed. by Kelley, seconded by Cohen, to table Motion, Ayes-5, Nays-0, Hanson abstained. #1529 JOHN B. THIESSE 3845 BAYSIDE ROAD VARIANCES PUBLIC HEARING 9:32 P.M. TO 9:38 P.M. Mr. Thiesse was present. Gaffron reviewed the information contained in his memo dated May 15, 1990 relating to this application. Hanson asked where the septic system is located on this property. Gaffron explained that it is on the lake side of the house, and when the lake i.'. high, ic is below lake level. Hanson e.xpressed concerns regarding questioned whether he could permit furthe- property. the location develooment cf and the Kelley stated that it may ultimately be necessary for M^. . Thiesse to use a holding tank to serve his septic needs until sewer is available.. Gaffron stated that the area for the proposed garage could not be used for repairing or replacing the septic system. He noted that the DNR is in the process of revising regulations that will require the City to address the location of tne septic system. He said the issue of sewer/septic is separace trom this applicatj.on. Mr. Thiesse presented photographs showing his property and the property adjacent to his. .Mr. Thxesse noted that he hac talked with Mr. Don Jaques from Hennepin County regarding access onto Bayside Road. Mr. Jaques did nor e.vpress any concern for Mr. Thiesse's proposal. Mr. Thiesse askeo the Planning commission if they would consider a turn-around area in their mo^on! He stated that he dxd not include it in the application because of the existing hardcover, but would like to have it. There were no comments from the public regarding this matter and the public hearing was closed. - 15 - Dk k.. !!: ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE 11512-RUCE CONTINUED There were no further connents regarding this mattei than those expressed by neighbors at the May 21, 1990 Planning Commission meeting. Kelley closed the Public Hearing. Cohen stated that on the one hand, there have been no complaints and the neighbors support Mr. Ruce. However, apparent that the business is expanding and that poses a problem because the business is occurring in a residential area. Moos concurred with Cohen. Hanson asked Mr. Ruce if in fact his business is expanding. Mr. Ruce stated that he does not intend to expand the business beyond its present status. Hanson staged that he would be concerned if just one neighbor had objected to the business, however, that is not the case. He did not believe it would be practical to have the vehicles stored off of the property. It v;as moved by Hanson, seconded by Johnson, to recommend approval of the Conditional Use Permit and Home Occupation variance, including approval of the greenhouse addition to the rear of the garage, subject to staff conditions 1 through 6. Motion, Ayes-4, Kelley, Cohen, Nay. Motion carried. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE CONTINUATION OF PUBLIC HEARING 7:55 P.M. TO 8:12 P.M. Mr. Stubbs was present fcr this matter. Mabusth provided information that had been prepared since the Hay 21, 1990 PubJ ic Heai.ing (see Jeanne Mabusth's memo dated June 13, 1990}. Mabusth asked Planning Commission for their response to the development contiols staff is recommending for this lot. Keif y did not believe that the controls would adequately limit the size of a structure that could be built on the property. Kelley asked Mabusth for the size of the building envelope. Mabusth estimated it to be 1/3 to 1/2 of an acre. She asked Mr. Gronberg if he would approximate the size. Kelley suggested using the new I.ot Coverage Ordinance to restrict the structure size within the building envelope. Kelley reconsidered a^^d suggested applying the Lot Coverage Ordinance to the area east of the drainageway. - 7 - r 4 r.) V ORONO PLAIJNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1527-STUBBS CONTINUED Mabusth asked Mr. Gronberg if he could determine the total area east of the drainagev.ay and then calculate how much 15% or that area will be. Moos stated that she would not be in favor of the variance because it will be difficult to sufficiently limit the development of the property. Cohen, Bellows and Kelley did not believe this property should be developed. Johnson asked whether it would be possible to install a pipe to facilitate drainage rather than having the existing drainagev/ay. forMabusth stated that a pipe posed more prooiems maintenance. Mabusth said that at one point staff had consiaerea realigning the drainageway and asked Garfron if he could elaborate. Gaffron stated that due to the amount of runoff, a pipe would not be as practical as a swale. He said that staff dxd reconunend channelizing the drainageway. Hanson stated that the lot does meet the standards required to be classified as a buildable lot. Hanson questionea whether it is currently accurate to state that 600 gallons of water per day and four bedrooms are one and the same. He suggested that the City may wish to further examine that issue. Hanson also suggested monitoring the amount of water usage with a meter as staff recommended. Kelley and Cohen disaareed with the use of a meter because of a lack of an appropriate penalty should usage exceed 600 gallons. Gronberg reported that the area east of the drainageway is 3/4 of an acre, 15% of which would allow a 4,900 s.f. footprint. Mr. Stubbs noted that the zoning for this parcel at the time h0 purchased it was one* acre. Mabusth recollected that area variances have been approved on the basis that zoning for a given area changed subsequent to the property being purchased and that septic testing confirmee adequate and suitable area for principal anc alternate on site sewage disposal systems. -. . .. . ^.,'rnn capabilities limit the future residence to four bedrooms or 600 gallons/day use level. this case. the septic Hanson noted that septic testing has indicated that gravel. - 8 - F” ORONO PLANNING COi'ifllSSION MEETING HELD JUNE 18, 1990 ZONING FILE #152'’-STUBBS CONTINUED the most suitable condition for a trench system, exists. Kelley stated that he would like to have the wetland preserved for eternity. Mabusth stated that the City would take a flowage and conservation easement over the wetland for the purpose of preservation. There were no comments from the public regarding this application an the Public Hearing was closed. It was moved by Johnson, seconded by Cohen, to recommena approval of the lot area variance. subject to starf recommendations 1 through 6 and that the Lot Coverage Oruinance be used to limit the development of the property ana that oe based on the dry buildable area of 1.40 acres. Kelley asxed Johnson if he would include the flowage and conservation easement over the wetlands. Johnson agreed, Cohen secondea. Motion, Johnson, Aye, Nays-4, Hanson abstained, due to his interest in the property. Motion failed. It was moved by Kelley, secondea by Cohen, approval of the lot area .ariance subject to the Ordinance being used based on the area east of the is further recommended that the house be limited and that there be no meters used to monitor \;ater hardship is that Mr. Stubbs purchased the property property being zoned as a two-acre parcel. Motion, Nays-4, Hanson abstained. Motion failed. to recommend Lot Coverage drainageway. to 3 bedrooms usage. The prior to the Kelley, Aye, It was moved by Colien. seconded by Bellows, to recommend denial of the lot area variance. Motion, Ayes-4, Johnson, Nay, Hanson abstained. Motion carried. #1532 FULLERTON PROPERTIES, INC. 2225 6TH ;'’,ENUE NORTH PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 8:22 P.H. TO 8:27 P.M. Ml. Joe Franks, Developer, Mr. Mark Gronberg. Surveyor, and Mr. Tom Haislet. Realtor, were present. Mr. Jim Cox, an owner of property involved in this subdivision, was also present. Mabusth referred the Planning Commission to ner memo dated June 13. 1990, for updated information regarding the issues of this subdivision. Mabusth asked the Planning Commission for their opinion of granting a blanket conditional use permit for accessory structures on the four through lots of the plat. The Planning Commission had a divided cpinio" as to v/hether or not to grant a blanket conditional use permit. - 9 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 #1527 LYNDON. S. (BILL) STUBBS 2555 FOX STREET VARIANCE Mr. Stubbs was present. City Administrator Bernhardson reviewed the major issues involving Mr. Stubb’s application for a lot area variance. CounciImember Goetten stated that she was surprised that the Planning Commission had- recommended denial of this applicauion. She said, "This is something that we have done in the past. It apoears that staff has gone to great efforts to find suitable controls for the property. The only additional control I would suggest is that the architectural plans, when prepared, should be submitted to staff for approval. The wetlands severely limit tne buildable area of the site and \/e want to proceed in a cautious manner if this is approved." Councilmember Callahan indicated that he concurred with the Planning Commission’s recommendation for denial. Mabusth noted that there have been simixor appl'cations for lot area variances that were approved. Mabusth informed Council that conventional trench systems can be used on this property due to tne excellent soil conditions that exist. It was moved by Mayor Grabek. seconded by Counci lm‘-mher Goetten, to conceptually approve the lot area variance for Bill Stubbs and direct staff to prepare an appropriate resolution. Goetten asked Grabek if he would consider amending his motion to include a condition that staff must review the architectural plans before final approval is given. Mayor Grabek amended his motion, Goetten seconded. Motion. Ayes-2. Callahan, Nay. Motion passed. #1532 FULLERTON PROPERTIES, INC. 2225 SIXTH AVENUE NORTH PRELIMINARY SUBDIVISION RESOLUTION #2826 Mr. Joe Franks, Mark Gronberg, Tom Haislet and Jim Cox were present for the ceview of this application. Councilmember Callahan asked for clarification regarding the additional 7’ of right-of-way that will be taken by the City from Mr. Cox. Bernhardson explained, "The City is requesting an additional 7' of right-of-way along Willow Drive. The right-of-way will only be taken from what is now designated as 'Outlot A’. Should it become necessary for the City to upgrade Willow Drive to an M.S.A. street, the City would need the 7' of right-of-way. However, should Hennepin County pursue its plans for County Road - 5 - PI ‘ ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 ZONING FILE #1502-HILBELINK CONTINUED ^ • Mr. Jentilucci asked when the drainage project would begin in relation to construction of Mr. Hilbelink's house. Mayor Grabek asked Mr. Jentilucci when he preferred that the work be done. Bernhardson stated that the work would more than likely be done before construction begins. Mr Jentilucci stated that he wanted assurance that the drainage work would be done before there is any hardcover on Mr. Hilbelink's property. Mayor Grabek stated that the resolution would include language in accordance with Mr. Jentilucci's request. It was moved by Mayor Grabek, seconded by Nettles, to adopt Resolution #2839, as amended to include language requiring that the drainage project be completed before any hardcover exists on Mr. Hilbelink's property and that the existing drainage swale remain in its present location. Further, that Council approves the agreement between Mr. Hilbelink and the City regarding the division of costs for the drainage project wherein Mr. Hilbelink has agreed to pay $400.00. Motion, Ayes-4, Peterson, Nay. Motion passed. Peterson objected to granting variances for a new residence. #1516 WHITNEY MACMILLAN 1560 FOX STREET FINAL SUBDIVISION APPROVAL RESOLUTION #2840* ' ^ ^ Kv,It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2340, granting final plat approval for Mr. and Mrs. Whitney MacMillan. Motion, Ayes-5, Nays-0. Motion passed. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE RESOLUTION #2841 Mr. Stubbs was present. Councilmember Callahan indicated that he concurred with the Planning Commission's recommendation that the lot should not be developed. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2841, granting a lot area variance for Mr. Bill Stubbs to develop property located at 2555 Fox Street. Motion, Ayes-4, Callahan, Nay. Motion passed. - 7 - 5b95853 City of OROINO /VI CITY RESOLUTION OF THE CITY COUNC'L NO. 2841_________ ORONO A RESOLUTION GRANTING A VARIANCE TO HONICIPAL ZONING CODE SECTION 10.28r SUBDIVISION 5 (B) PILE #1527 WHEREAS, Lyndon S. (Bill) Stubbs (hereinafter ."the ?hl^C?ty"L/%rSno°The^reLaf^^^^ lelllly described as follows: Lots 9 and 10, Auditors Subdivision #229, Hennepin County, Minnesota (hereinafter "the property"); and ' ■.-.isLkiaUk WHEREAS, the apolicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a property that consists of 1.46 acres of dry contiguous lands instead of the required 2 acres in area. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, < FINDINGS 1. This application was reviewed as Zoning File #1527. 2* The property is located in the RR~1B Rural Residential Zoning District requiring 2 acres of dry contiguous area. The subject property consists of 63,598 s.f. or 1.46 acres in area (.06 acres of drainageway). 3. The Orono Council reviewed this application on July 9, 1990 and conceptually recommended approval of the proposed variance based upon the following findings; A) There is no additional dry buildable land adjacent to the property to increase building envelope. B) Adequate and suitable area for on-site septic development has been found in the upper elevations of the property. C) A house can be located on this site meeting all required setbacJcs from wetlands/drainageway and street. Page 1 of 6 4j ♦ V L CITY OF ORONOJ City of OROIXO RESOLUTION OF THE CITY COUNCIL NO. 2841 D) The location of the house will provide minimal impact on existing residential development to the west. E) The property was zoned R-IC requiring 1 acre in area at the time the applicants purchased the property 20 years ago. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of a single family residence on a property that consists of 1.4 acres of dry buildable land instead of the required 2 acres, subject to the following conditions: 1. Prior to the City issuing a building permit for new residential construction on this property, the applicant or future owner must have completed the registration of the property submitting proof of the Court's action that would add .42 acres of dry lands to the existing substandard building envelope. 2. On-site septic areas to be protected during construction as these are the only suitable areas on this property for septic development. Prior to the develorment of fina1 building plans for the residential development of this property, the fu^re owner and/or Page 2 of 6 r i N.City of ORO^^O CITY RESOLUTION OF THE CITY COUNCIL NO.2841 ORONO owner's crnsultants shall meet with the Orono Building and Zoning staff so'~~tiiat the special conditions of this variance application may be reviewed. 4. Upon application for a building permit the developer shall provide a grading plan for alteration of drainageway. Such plan shall be subject to review and approval by the City Engineer. The alteration of the drainageway shall be confined to the excavating and defining of the banks of the drainage path. 5. The following shall be the guidelines for residential construction on this severely limited site: A. Future owner placed on notice that the water use for the residential structure is limited to 600 gallons per day or 4 bedrooms. The residence must be installed with a meter to determine water use levels. The meter shall be so installed so as to determine the amount of effluent entering septic systems and shall not monitor but exclude the water usage for outdoor landscaping. B. No setback variances are to be granted for the proposed structures. Said structure must meet the 50' setback from the street lot line and a 26' setback from the drainageway and wetlands area as shown on the attached survey as page 5 of this resolution. C. No grading or filling will be allowed within the 26' setback area. All fill resulting from new construction must be stored out of the protected area. Applicants to design a house that will provide minimal impact on existing elevations. The only approved excavation to be allowed in the protected area will be the modifications to the drainage ditch that intersects the current building site. t), * All structural improvements at this site shall be limited to 15% of the dry buildable envelope as defined on the survey included as page 5 of this resolution. Structural improvements shall consist of house structurer garage, patio and swimming pool (this includes water retention area of pool), and tennis courts with fences in excess of 6'. Upon application for a building permit, future owners surveyor shall confirm dry buildable envelope as defined in above referenced exhibit. Page 3 of 6 Ti-a, 4-=r L City of OROINO CITY RESOLUTION OF THE CITY COUNCIL NO. _ 2841 ORONO 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 23, 1991). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of July, 19! • /' • (' ATTEST: Property Owner(s STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 9 MpiTM M-92 Notary Public Page 4 of 6 \ i AT I •1 » V N, V N ,:tKKxV\ \ \ >.\ \ \^ \ \ \\\^\\ \\ \ •\ / / Q fi> Vjux \ A 0^1 De^pJN-eb Vw) l^ijr-f V«. / 'fiauy y /',7//j7/ // y ' // ,-•' .1 /H « O Y — ”To d *<.*7^ p*o ^ > / f djo'j^KAtL-e /r/(ok/»7!^'«’ ~l L ,o|>.«vTy .^ \ V'' •C' ^ / / 10 A. ; \ •• . i II ORONO I STATE OF MINNESOTA } COUNTY OF HENNEPIN ) On this City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2841 ) ss. day of 199 O a;;;Lr g his (their) free act and deed. < fit <jL^a_ NOTARY PUBLIC mj My Bomii»M>on mtptm M-n » MY COMMISSld'N EXPIRES STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) On this day of g/q __________199^' before me /d°\T/"sre h i s (their) free act and deed. >: MY COl Page 6 of 6 ;SION EXPIRES r P. 'i • . I . ! I f* ♦ » CITY ; City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2841 ORONO r , • EXHIBIT A JICC.7^ Smrrrl 0^ *» * A^U/ C0r**tf #/ AmAf 0f W of fee. ^o'inA 2S72*^S f*eA A a » of fC*y C0^/*r^ of -^^ Vv cr/- frr. yr-/^i-2f. LEGAL DESCRIPTION Par 1. That cart of Governp^ent Lot 4, Section 3S, Township llfl, lUmqo 23 descrjl*)ed as beginning at the Northwest corner of the East half of the Southeast Ojarter of said S'.'Ction 3r?; ^.hence North along the East line of said Government Lot 4 a distance of 3G2.05 feet more or loss to a p<^int 29R0 feet North from the Southwest corner of said East half of the Southeast Quarter; thence tA?st dcLlooting to the left 88 degrees 22 minutes, a distance of 2G4.11 feet to tlu» West line of the Enst 2G4 feet of said GoverniTicnt Lot 4; thence South along said West line a dist.ance of 3G2.0^ feet n«)i*e or U*ss t«i i ho IVisf ami V*^.*st QXiarter line of said Section 35; thence East along said Quarter lino to the pni.nt of bc<|ilining, according to the Governmant Sur vey tlieroof. Par 2. That part of Governnw^nt Ix>t 4, Socti(»n 35, T»>wnship 118, Range 23 dcscrilxffl as beginning at the Northwest corner of tlie East half of tluj SonLn<\u;i. (juart.or of FkiIiI ;y*c:i.3on 35; tiience Skruth along the Ecist line of said Government Lot 4 a distance of 5.1 feet mivo or le.sr; to a |X)inl 2572.85 fcx?t NortJi fran the Southwest corner of said East lulf of Uk? Sixitheast Quarter; thencx? U.st deflecting to the right 88 degrees 10 minutes, a distance of 2G4.14 feet to tlx* West line of the East 2G4 feet of said Governinent lot 4; thence North along said West line a distance of GO.03 feet i»cre or less to the East and West quarter line of said Section 35; thence East along said CXk'u'tnr line to tlK? point of lx?ginnjng, according to the Govern ment Survey thereof. •••«*# •• : r*.f. A * ■ Bi.Ji W III! IJI JPIPi . r r 4l RESOLUTION 1^2841 STATE OF MINMESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallln. City Cleric of the City of Orono, Hennepin county Minnesota, do hereby certify that I have compared the fo?«Jlng cw of a resolution of the City Council of the City of Orono ori/inal record of such resolution in the Minutes of the nroceedings of said City Council at a meeting of said City Council held proeeeding^^ox^sai / ^ ^ ^ and correct''copy of said fiTTiution was duly adopted by saia City Council 3t said meeting. in Witness Whereof. I have hereunto set my hand and seal this 15‘h . day of _ _ _ _August_ _ _ _^- - - - - -.. 19^0- -• « • w .• - • • .V ..-'.tv -.v. ••• > • 'C > .\.. *• -.o ^v-o(seal) ‘• » ? ^ a. I orothy llin. City Clerk • • , • «« «l»e. •••• • rIi . . . «/ . . M • 1 -• .. m 4 • J C/1 L_ 1 > A ^11 f- f To:Chairman Kelly & Planning Commission Members Mark E. Bernhardson, City Administrator Fron:Michael P. Gaffron, Asst Planning s Zoning Administrator Date:July 9, 1991 Subject: #1662 Richard & Collette Roberts, 1937 Fagerness Pt Rd Variance - Public Hearing Zoning District - LR-IC, h acre, sewered Brief Description of Project - Applicants proposes to remove existing liouse and cabin, construct a new home meeting all pertinent setbacks. Variances Requested - 1. 2. 3. Required Lot Area 0.150 ac Lot Width 100' 75-250' Hardcover 25% Existing 0.39 ac 74' 14.3% Proposed 0.39 ac 74' 27.4% Variance 0.11 ac 26' 2.4% Pertinent Ordinances - Section 10.25, Subdivision 6 (B) - Lot area/width. Section 10.22, Subdivision 2 - Hardcover. Bardships/Unusual Property Conditions as Noted by i^plicant - - Existing structure is in disrepair and can't be suitably renovated. - Applicant noted to staff he has been unable to successfully negotiate a purchase of neighboring vacant property at 1929 Fagerness Point Road (this was subject of a never-completed lot area/width variance in 1987). List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Survey - Existing E - Plan - Proposed F - Plan - Elevation Views G - Hardcover Calculations Primary Issues to Consider - 1. Since the applicant has not been able to purchase the adjacent vacant property, is there sufficient hardship shown to grant lot area and width variances for construction of a new residence on applicant's property? J Zoning File #1662 July 9, 1991 Page 2 of 2 2. What hardships or unusual property conditions have been presented to justify granting of hardcover variance? Are there specific reasons why a 2.4% hardcover variance should be granted for new construction on this lot when starting from virtually an empty lot situation? the ■'M Additional Pertinent Pacts - 1. A small portion of the rear of the property is in 250-500' setback zone, and is proposed for no hardcover. 2. In the 0-75' zone, there is extensive existing hardcover resulting from a plastic barrier placed underneath the sand covered volleyball court area. In the hardcover calculation worksheets, applicants indicate that they will be removing all hardcover from the 0-75' zone {portions of driveway on the landward side of the road have been calculated as 75- 250' hardcover). The survey suggests that retaining walls in the 0-75' zone probably will remain in place, comprising less than 1% 0-75' hardcover within the property boundaries. 3. Because the adjacent lakeshore property to the east is on the lakeward side of the road, placement of the house will not encroach the average lakeshore setback line. 4. Lot coverage by structures, limited to 15%, will be 11.0% under the current proposal. Options for Planning Coaonission Action - 1. Recommend approval of lot area/width and hardcover variances. 2. Recommend approval of lot area/width variances, recommend denial of hardcover variance. 3. Recommend denial of lot area/width and hardcover variances. 4. Table, requesting applicant to consider revising plans to minimize degree of hardcover variance. 5. Other. r CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ^ --A r-“ ($S0.00 per each additional v^iance)'- t nzTrr^ Renewal Variance Fee $100.00 1550200C00 (no change from original applq^/tionj.*-^ .. ..... After-the-Fact Fees (Double application fee) i-nti-.V_ _II . ____________________________ atitii-! -1 HnU^ iuu uni Tii!fTi_AWw'“TV WVV'A MV'l I 1 “T • PROPERTY LOCATION Site Address_ _ _ _Sc. O ._ _ _ _ _ _ _ Property Identification Number (P.I.r',) (“7 ~ //7^ ^ S -~ OOf^ Attach legal description to application if not included on required survey. j^PLICANT ___ Phone (home) ^f ^ ^ ^0 “1 O •• A !: Name K^C^h*fHP./ q.‘.'c7Tf //{)^ c /?7T, Phone (work) Address; ^r r City; A)^Ol\f 0 _ Zip; £T3'3'?-*— GMNER (if different than applicant) Phone (home)__ _ _ _ _ _ _ ___ Name _ _ _ _^._ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ Phone (work)_ _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ City;_ _ _ _ _ _ _ _ _ _.Zip;- - - - --— Date Property Acquired _ _ _A/,->i/, ^_ _ _ _ _ _ _ (month/year) I (do) *l['^o*no^ also own the adjacent parcels of land. *•••••• •• •• “* •• *"* PRESENT USE OF PROPERTY Present Zoning District ^_ _ _ _ _ _ _ _ _ _ _ _ __ _- - - - - - - -—. Present Use of Property _ _ _ (^ Residentiair~*^^ _ _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ / / ‘O’^^ Describe request in detail: /,)nnt i/icf 'to ~/^,p£. - - - - ft A A/g/.j _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ VARIANCES ^ ^ ^ Lot Area JJ Lot Width ^ ^ Hardcover * Setback Variances (_ _ _ Front Side ^ . Rear) Other _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—- - - - - HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of gonina regulations; ri^oPri^Tii -tT^i i DESCRIPTION OP UNDSDALPROPKRTy CONDITIONS Describe unusual property conditions preventing compliance with Zoning CodeRequirements : A/sf/) !S AdBt ^ REQUIRED SUBMITTALS' ^<M% ^,=.0^, 1, Completed Application Form ^ ^ ‘ 4I 2. 3. 4. 5. y (5. 7. 8. Ji. J. w-fc. w** Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8h"xll" for reproduction). Topographic survey (existing and proposed elevaticns) if any changes in existing grade are proposed (provide one copy 8Jj"xll"). Sketches or plans of floor & elevation views (provide ?. copy 8%"xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance appl.i cation is not complete* if the_ Infomation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of th^ application, and certifies that the information supplied is true and correct to the best of his/her knowledge, ' /',( '( '> \^\ t/" Date S /l^ (Applicant's Signature / ONNBRS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council memb^s for purposes of investiga tion and verification o^^this request. ^ \) V \ Owner's Signature C/J?- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning CoDSiission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. Ik w ' •• ♦ • f I •1 r-.; <•' I • ( » • . ? ■H » * 9 1 "• ! :■ r* • .♦ ” • ••f / % V V’ rjV J -j ‘ \r .1 * • ^ ■ ji . ■' *v • • .V \ \ ^ V *■ ■'. . .?*aV;’ >■ ' . . V '•» .• • *. . • . ‘ % .*• .'.•., •■' .:r;f'. » .;* •• •• • *' : n : • - • . .; » , > t <‘••ti *' ' ‘V^* ’•♦. . * • *. •* » V • . ?r • ‘UV. , / . ♦ ii • •'. * *•:> ^ ^ V •* , V* V*. 1 V t , r_x ‘ i •* I# ? • , • ..iL’ » r» • ’ ^^^ .• . . ^y' } •' ' :v # ; V-.‘■”•;. - f ^ • ••• « V ^ ,*» *» • g* . .» i . ... y,-. , - HEWCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»t«RS LIST OMNER NAME 'JOHN E HEIST ETAL '•I TAXPAYER- ic JOHN E HEIST < NAME/AODR :'19E0 CONCORDIA • •)> 'i NAYZATA MN ; 55391 '■ A**' •( > *! 1 '■ ii'V ' f y’ FAL,* *4^ V. 'V *ir ' 58 17-117-23 25 0007 ; 00058 AODRESS UNASSIGNED LLOYD H DRAPER LLOYD H DRAPER 6015 GIRARD AVE SO . HPLS MN 55419 I I-/, i y■:' :>.■''-J ■ -. 'f: ■■ .'•'!?' -V- ; -■♦ I . PROP AOOR -:;^ 01921 FA6ERNESS POINT RO ONNER NAME. :0<L PETERSON A E M PETERSON TAXPAYER■ ;» DARRYL L.PETERSON A* V. ;^! NAME/AIMIR '‘1921 FAGERNESS POINT RD S 'l'! '( i i fi ' •; '.i >.s NAYZATA m : 55391 :,:v ...‘Vj, .V' - r ; L- i ^ ' • .•• '■ . V ‘ 38 17-117-25 23 0011 / . 01929 EAGERNESS POINT RD . LLOYD DRAPER , ‘ • LLOYD H DRAPER * , - ^ 6015 GIRARD AVE SO MPLS Mt4 55419 * 1 •. I . * .’i ,■< ;);»t«R N^\jJ MARK R PUTT, , ' TAXPAYF.R.I; ’ !VhARK R PUTT; 38 17-117-23 23 0016 01926 FA6ERNESS POINT RO K A J OAHLEN FBS MORTGAGE CORP NAME/AOOR ^t.1932 EAGERNESS POINTiRO -iv.!' 2810 UNIVERSITY AVE H . r - m .V :s UAV7ATA iAI CK«A1 L ♦j' . * . PAUL MN 55114 • r A. *. ! PROP AODR f QHNER NAHC TiU<PAYER R GENARISI G NISKANEN-GENARI R GENARin G NISKANEN-GENARI 58 17-117-25 25 0028 00058 AOPRESS UNASSIGNED R 6ENARI A 6 NISKANEN-GENARI R 6ENARI A 6 NISKANEN-GENARI ' i •,: .. fv/ REPORT MO. PI455401 I. ; vl' . ; PAGE • I’ • . j. .;1 ^ • » •* ' i'' f ■■ ’ •i . 1.- V 5. > I 1: FE i‘ L-j ^ • A t 38 17-117-23 23 0009 •; . /, . «. t, . • 01913 EAGERNESS POINT RD ‘ . ( ;i‘ DAVID L SLAVIK A HIFE DAVID L SLAVIK 1913 EAGERNESS PT RO ■ : ■ f j •’ •* ‘ i '** i * **A \ < n T’ A HAYZATA MN 55391 »i - r:<‘. = . .'1 t •• i ^ Vai t 38 17-117-23 23 0012 01937 EAGERNESS POINT RD H L KLITZKE A B J KLITZKE COLLETTE M KAERCHER 1937 FAGERNESS POINT RD HAYZATA MN 55391 • 1 •' y t'*'. ' • i • : ;v- 'viV(v, . . * u t F . '' •' :i j. H •'a ‘ V ** ’ ^1,'-! \ i K » .-i;t ■ • ' i s\ n ). -I !• . <!. » ‘1 I' * •• '■!. i! 38 17-117-23 23 0017 01940 CONCORDIA ST SUSAN C PETERSON *•. '• -'t, 1-1, < •. ^ V'r'ft ■ SUSAN C PETERSON:a 55591 7 : 1940 CONCORDIA i i • W :vfHAYZATA MN i -.; t ' . i'*-',! J . :/;•!.. *■ i S ' X I I Jl ! '.J;.’V J * t 38 18-117-23 14 0014 01925 CONCORDIA ST THOMAS M KONAT THOMAS M KONAT • ^ . I - . i 1925 CONCORDIA ST =• 1. ’ v. ; ,.»f 55391 I :.,j J r HAYZATA MN « • ■» T I ' maoBsata • ^ I j • I. f * L »•> < * :* ri . . ;• .* i i-rr- •fcV i : y I L •• r k : r!-y ^.• 1 vr : A * » ■ 'i *. V'*'I. • { : * i « ■ i . , f,. -V .■»; r; • Ji* r- *■ - .1 ■ ■.; Vr . ,*i„. , •' ''i U. • • 1 ,. • 1. ■I j . .. 4; <,r- .It :» . - .f - rl.-'i ! •' ‘V * U ¥ t t ' ■' '.-I •' -1'.. yi !»■ , f 1 :• ; ' 1'^» ■' I jr.l ' ■ I i'. ■ir‘ V V f • K •! < ‘ft? ■ •? : :■ ' • . '.I • I r*-.» "'t I >! I ft « A i tMmUa M i 1 r*:. '.luv-'vrn . And 1 I Ow: thn ar •- r*» * I on i.oimnefic i m dt SouLheasi.er: y n of Lot 19. Paqcrnes:. f Undor the linden Avrnue. •a .judicial landmark; turner I n u ? . r s E a ■; L a d i s t a n r e marked Dy a judicial :ny Southerly 21 degrees of 11 feet, more or •letonka; thence Souihw.v,ter 1 y Minnetonka to its i nterieci i .^n ■ne of said Lot 20, ext.rndr<j '.ctonka; thence Northwester ) y line of said Lot 20. o.'lendr<i Under the Linden Avenue; I'l the SnuUierlv lino of ft u ■ ^ REAR ELEVATION SCALE: 1/8" = VO i . ■ I'v-'. .i-a' & • ^ <^/*nI25sr 1i L „4 .ioc^sr; ay,. 1 :i ! Mjf o 3 ieSi, 1 “ §f*' o 1 5 1' 2 3 . , s1 i 1 1 Rhi• 1 —\ •••-1/4 ’ S . S I___ 2^5 3 2“''* IJ ^ 0*0 iHt 5^^ a I ToC»0 rn a.'—' AfiCISi L 6h lb *3 C unixCAVi FUL >01 or PAlUaiL fAHIlOOl maumcVla./. e couHi>c!i a * cohc . biock 16* X B * COHC. fOOI»HG UrCR TO TTf. NOICS 9l-tO)4 TYPICAL rOUNOATIOM / / / uTl s^iil .“II 21^11 2 hsii ' IttlB «— JKSLS 12 * CONC. ULOC^^ OMf»^,, rviv'lfRli ir HP. NOItS 9-*0) BASEMENT 4** MlH COHC. FLOOR TXRU-OUT W/ 6X6 10 Ch. /# W M. e •**u: r h _i ' •. t I l: “ .»■ _____1 l L j « COURSCS 8** CONC. BLOCK 16 * X 8 * COHC. F001P1G (HCFCR TO TAP. HOHS 9-10) / i; :V»- T2*r‘.70 0 •[10O I&-90 B^FMENT FOUNDATION PLA N SCALE: 1/4” = 1*0' ...A- * I.ItAU. CIH0C8 A#*0 AHO DlMlNSiOHS TO 0I9T8I8UIC THt WALL OR PIC.R. 2. BUMS FRAMR4C IS? SIX (•) WCMIS AHO 8C MAMXO lOaFK y 8CAM POCKCTS ^HALLHOlMAIJLnj Of SOLO MASOHRT BCIW^ THOR Oh fACC or THl WALL. 4. AN AIR SPACf or OMC-FOir (*/}).•• at THC top. CHO AMO UA% tf TMC i a. TMC BUYTR MUST W^RC ^RAJW^ JOIHIS OR UPAMSIOM COL^l fORU RUNNING VtRUCALLt TMROUGN A COM l Bt PROVlOCO. ’■ ESSSw'!? IN REim ORCtO COHCRflt ^OOTl^Ti FOCC ABOVE THE WHOM RCiMOBaN* IhAN SIX (6) UKMES ret FOOnMCS. 8. masonry UNIT rooHNCS ww saai TWICE TMC PROXCIION BCtONO ^ \ Atio INC WIOTM SMALL « WIDER THAN TMl WALL SUPfOlUO Tl. 10 COMPIIANCC WITH ^Ll iUlWjC COOL THCT PERTAIN 10 SHIS. or rOUNOATON FOOlINCS. TMOn ESV WAURPMOOriNG AND VENlRAlXW OT MUSI IA>E PNtaOlNCC OVER ML ^ RIUMINCCS ON IINS PLAN. Miles Homes Inc. 4700 lUniAH UHK. PO.BO* Mlt<Ni:4mi3. MIHHtSOT* ti440 HCW RCSttf Cirv: ORAWK BY: CHCCKCO IT: 4 2dxr* • T ^r;V- ( /O •' *'• i;.‘ : V*.- (( J i^pr*'- Crs^P ' S ‘_ ^ if'"'.I ■ <•■. N ---t • - VC',: fc. f*. • ♦ • .. ^.*1 V . • *- C ' • '^ !fci • • , . » *..•■»* .••V* Ji i ' ■ • ^: w • * ' ‘- <K*, J*-.-« # 4*- i 'i - t • » • 1 • ..Jib ---------------w ik^- fi::--,'V--:' f ■* A HARDCOVER CALCULATION WORKSHEzi S£T3AC:< ZONE: (CIHC-E QN£)(^'0-^ 7^-250'250-5C0' 5GC-1CCQ' Existing ^ardcove?. in Z one House Si r I LENGTH WIDTH S.r. S.F. • • ••S.F. S.F. B. Garage S t r $ c. D riveway . X S.F. S.F. D.. Sidewalk S.F. . X S. f* I S.F. %- ll' E, Patio / D eck X SS .S.F. H9B^« • e I AMncf*APC ^7 X L/^ ' i \QOU^ S.F. ^B^Fw * M. P t 4»M W U w r C. AREAS UNDERLAIN BY / F ----------- f /?X f // =/<y? S.F. • /I 3</D S.F. S.F. 6. Other S.F. Total'Hardcover in Zone S.F. Total Property A rea in Zone r**3Pod * •% S.F.5 X 100 i inlfl"ii ^ wmii iiiiiiiidtutifriiirii iirnwiiii *4 . * ♦ • i P HARDCOVER CALCUU\TIOOORi^HEET SETBACK ZONE: (CIRCLE ON£^(^^~75^ 75-250 Hardcover in Zone 250-500' 500-1000' r jyfl 1 A. ■ H ouse S.F. . LENGTH WIDTH S.F. S.F. ' <*• G. O ther SrF. S.F. Total Hardcover in Zone Total Property Area in Zone (9 S.F. S.F. O B 3^X 100 - »#«• B o % • • • • •• • I raM.lar- — .JM HARDCaVE?. CALCULATICM WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 5GQ-1GC0' EkTstIHardcover in. Zone A. House 3 4 30 •1 o^n s.F. LENGTH • • H'i WIDTH Cp •37 S • r • • 5 9 Sk S.r. —Ll 3 j S.F. X S.F. 6 3b S.F. c. D riveway S.F. S.F. D..Sidewalk hC 1 . /3 S.F, 3 X 90 3/<S.F. E. Patio / D eck 3 s S,P. j/i)mLL S.F. F.Landscape AREAS UN0£R!J\IW BY . . PLASTIC SHEHTING S.F. t7 X ^ ^S.F. S.F. S.F. G. Other S.F. Total Hardcover in Zone /fo3s' - J AT) V-3> "'4 V ■ ) f'/* J '1 . . % ••a:.'* S.F. S.F. • I • . X * Total Property A rea in Zone “ — — _ ^ ^ , — /^/5-!>'' jT} n. WO X 100 - _14 i2!L% \o- S'i'O \ < » I / ■MM*irfanniiiiii I i r; ^si^- 'H \ HARDCOVER CALCUUTIGN WORKSHEET 25G-5CG' 5CQ-10C0' B« Garage c. Driveway D. Sidewalk E. Patio/ Deck F. Landscape areas UNDERLAIN , ^ BY , / / P fl cJX>3</0 6. Other S.F. S.F. S.F, S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. v/' - S.F. // ' -__/i-7 S.F. S.F. S.F, S.F. TofAL‘'HARDCOVER IN ZoNE » • • r a • a . .• . S.F. [a T otal Propertt Area in Zone ^ ♦ S.F.E 4[T1 jrioo - J 1 I I i f ! J ■■ % J HARDCOVER CALCULATION WORKSH^ SETBACK ZONE: (CIRCLE ONE) 0-75' ^£5-250J^25Q-5C0' 5G0-1GC0' Existing Hardcover in Zone ———- - - - - - - - - - - - - - - -—- - - - - - - - - - - \ A. House V x LENGTH 2^2- WIDTH X I ^ )o B. Garage 2 2-BO c. Driveway 3<5»'50 D. Sidewalk (^O E. Patio/ Deck fi'^^l<ffniNDSCAPE) ^ AREAS- - UNDERLAIN BY . _ _ _ _ _ RUSTIC SHEETING / G. Other Total Hardcover in Zone Total Property Area in Zone iso<^ . UUO I S'© 30' liS 3SOQ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F, S.F. / 3, Qcyo S.F. B B /Z-, SOQ )( 2QQ a 2*7> ^ /o ' ^ : * J To:Chairman Kelly & Planning Commission Members Mark E. Bernhardson, City Administrator From: Date : Subject: Michael P. Gaffron, Asst Planning & Zoning Administrator July 9, 1991 #1664 William H. Bookman, 1090 Loma Linda Avenue Variance - Public Hearing Zoning District - LR-IB, single family lakeshore residential, 1 acre, sewered Brief Description of Project ~ Replace former enclosed porch area with open deck. Pertinent Ordinances - Section 10.21, Subdivision 1 - Average lakeshore setback. Section 10.22, Subdivision 2 - Hardcover. Section 10.24, Subdivision 5 (B) - Side setback. Variances Requested - Required Pre- or Allowed Existing Proposed Variance 1.Side Setback 10'8.9'8.9*1.1' 2.Average Lakeshore Setback Encroachment O'4'4'4 ' 3.75-250' Hardcover 25%32.9%*33.4%**8.4% Existing at issuance of 2nd story building permit 5/2/90 (no Increase was proposed at that time). Includes nominal sidewalks, retention of old stairway adjacent to deck, new parking apron, replacement of deck. Applicant's Statement of Hardshlp/Dnusual Property Conditions - 1. Front door exits onto deck. House should have two exits in case of fire. 2. Original structure was built in 1941 before any hardcover (or setback) laws were enforced. List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Survey E - Construction Plan F - Hardcover Calculations G - Survey/Hardcover Calculations/Staff Review, 1990 Funding Permit r Zoning File #1664 July 9, 1991 Page 2 of 3 P.'imary Issues to Consider ~ 1.Is there sufficient hardship presented to justify the granting of requested variances? 2.Can the proposal be revised to decrease or eliirlnate the need for one or more of the requested variances? Pertinent Pacts - 1. 2. 3. 4. 5. 6. In 1990 applicant determined to add a second story addition to this existing residence. After discussions with staff and Council, applicant revised his addition to be directly above the existing house structure, off-set to meet the required 10' side setback. In conjunction with that addition, he intended to remove a 8'x20' pre-existing screen porch that encroached the average setback, but leave the floor in place as an open deck. Applicant was advised on the approved plan survey that the superstructure of the screen porch could be removed but that the 8'x20' deck would have to remain in order to avoid a variance. After the second story addition was essentially complete, applicant determined that the 8'x20' porch floor was in too poor a condition to keep, and he removed it but left the adjacent stairway. Upon application for a permit to replace the 8'x20' deck, applicant was advised again of the need for variances. The original site plan approved with the second story building permit contained 32.9% existing 75-250' hardcover with no changes proposed. Since the completion of the addition, applicant has removed areas of sidewalk and added a 10'xl4' gravel parking pad to allow a second car to be stored off-street. Although applicant has noted to staff that sidewalks will probably be eliminated or minimized, staff has included 44 s.f. of landing and sidewalk which actually increases hardcover to 33.4% as opposed to 32.9% pre-existing. It seems likely that with revisions in the deck or its access stairway, hardcover could easily be held to the pre-existing 32.9% level. The deck to be replaced will remain the same side setback from the lot line as the pre-existing deck/screen porch. Compared to the proposed deck with railing at the first floor level, the pre-existing screened porch probably could be viewed as a more intense average setback encroachment than this deck. mm^\ Zoning File #1664 July 9, 1991 Page 3 of 3 7.Lof coverage by structures remains at 11.3%r required limits. within the 8.Applicant poured pier footings for the replacement of the deckf but stopped work after being advised that this deck replacement was not included in the permit for the second story addition and needed variances. Planning Connlssion Options for Action - 1. mm 1Sr Recommend approval of side setback/average setback/hardcover variances as requested. 2. Recommend approval of variances subject to no increases above pre-existing 32.9% hardcover. 3. Recommend approval subject to hardcover decrease down to %. 4, Recommend denial. 5. Other. t ^. ( '■'1 J CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) t .1 rs • : \ * »• • PROPERTY LOCATION Site Address tO^O LChlP^ LfOO/^ Property Identification Number (P.I.D.) I I'l ^ ^ Attach legal description to application if not included on required survey. /■■7TV nc nonariu a f I U'l unuttu cv>;.n;.rr nrrrrr I c’f I a U't. APPLICANT Phone (home) ^Q.- Name COlLCil^hi Bc^^A(Aa^aJ -h ■'.e (work) Address: lO^O City: _ _ _ _ «i» «■» «» Mi MB «HI «« «■• Ml Mi «M «i» Ml • • «M M* M» MM *—• M Mi MB IM MB MB mm MM M« M» MM MM MM MM MM MM MM M ONNER (if different than applicant) Phone (home)_ _ _ » M ••• •••• I A • *‘i l/"!r ....____ ,'*i rcki i7=r V A UUIT 4 » w/ • W ____ T! f7“ /-kA - . IV. 7 » ■V 9l Zip; .-|i /?/ /cVLf.' 7. Ncune Phone (work ) Address:City:Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property A/o/^6:Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Pc>^H ^LcCfi^ /^71^1 5 VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear). Other - - - - - M. - . t JKDSHIP ^ ' Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: _ _ _ _ _ r^edc f hkyJ^ 4iA0^ •TZcb ^inr<^ /aJ c4^ f=^i/C(^._ _ _ _ DgSCRIPTION OP ONDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: S^&-IkJAL ^T~^UCTu?Q,(F Cey^-S /xJ /9V/ ^AiO ccU(^£_ 6JG/2 c- /tO _ _ _ _ _ _ _ _ _ __ REQUIRED SUBMITTALS 1. Completed Application Form 2. 3. 4. X- 6. 7. 8. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). Sketches or plans of floor & elevation views (provide 1 copy 8Ji"xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above infnmia-hion has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature cc/Date ^ ~0-C -^/ OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification .of this request. Owner's Signature Date L -9/ iplicant must have all submittals into the City offices 25 days before the lanning Commission Meeting. Planning Commission Meetings are held on the ;hird Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If cm applicant is lable to attend a scheduled meeting, please make arrangements to have an luthorized agent attend in your place and to advise the Building & Zoning iffice of this change prior to the meeting. \ **• • •• • • o:> \ •••***. . • • • •* .••.••• ••. - m • • .• • • • •Ul 1 * A [f;4n: .......ei t»ILE0 T-rj «7)-^ * ?IL 1- C:i 8 o \ (55) 8! lots 2Z\r ^ VACSSTIOT)4 (S) LCUk LIMDA (6) (n)2f 2* r» (20 5 (6) i in 22- 21 :»• T (8? 8 CO) \ (T*J LOy^ L \ C2) (13) rr / - -r (20)1S4 (*2J ( •!) (<4),5 V JCS — ^4 (»s) to 240 $l\Jt SOC « »»2002 :2) ■,t. .VO •'I'll (1) -V r . -44A 1 AW^ ■' 'rr? • Y 'M *T f r .' >»"“JV ■to•#V . 'flr; / *T T • •%! T 3 2 ' 45♦W—'T"'*rVVM (4C •/ ■ • t• mm r '• govt lot 4 I f C A'k f ^rAr.~B h.ak 111 ■! S.:'r i. .f liv*;.« ' *. * •/ rfvr *: • *’*» U'v •. « WM\0All'-0*^l>’nK HENNEPIN t .f -BATCH 001 • A • * • ; w • • ■ •» *-...^ . V :.. \ ' •.‘ CoUnTY PROPERTY XNFORHATION SYSTEM PROPERTY ONNERS LIST Jir’4- : <■.'» f * '• 1 ' ♦ , * >•. / :i '*1' PROP Mi ■ P /- V * ' ‘ ' •• t" * p ' ’* S8 0S-117-2S E3 0006 / OlOBO . LOHA LINDA AVE , 4 OMCR NAME • R F OORLOG A K J OORLOQ t/, > • TAXPAYER 7 RICHARD F A KAREN J OORLOO i < . 7;- . NAME/ADOR .1050 LOMA LINDA AVE •, , , !; ' * ' “TV y^'i . . P . . **11 iintlUfl RAf .1*- •■•4 •/ ‘.’-.v;:- ^ ;•> fV.’Vr ;• ,v. •: ‘i'/;-7 ' HOUND MN , 55364 ,v 38 08-117-23 23 0007 . 01066 LOMA LINDA AVE. R F RADUNZ I C H RADUNZ ROBERT F RADUNZ 5505 RIVER BLUFF CIR BLOOMINGTON MN 55437 * t* h 0 . I r, 9 7^0 08-117-23 23 0009 ^ fv >IK)P AOOR ^ 01082 : LOHA LINDA AVE J A H LASCHU 38 08-117-23 23 0010 01090 LOMA LINDA AVE N H BOCKMANN A N L BOCKMANN HILLIAH H BOCKMAfM 3422 LIVINGSTON AVE HAYZATA MN 55391 ’. a . ..... ^ MW*.. PROP ADDR V 01130 LOHA LINDA AVE ; • J V 1^ *' QNNER.NAME HILLIAH A BOCKHAItl 1; TAXPAYER MTI I TAM A AnrVMAkIM C 'I . 38 08-117-23 23 0021 01119 LOMA LINDA AVE . H J A C J POLLARD NILLIAH J A CAROL J POLLARD LOMA LINDA AVE HOUND tf4 55364 • t > 7. -t ; * ‘S ■>; *REPORT NO. PI435401 PAGE 1 a.- - ■ i‘* 38 08-117-23 23 0008 01074 LOMA LINDA AVE R K MATTSON ETAL ROGER K MATTSON 1074 LOMA LINDA AN^ ‘ . HOUND tt4 55364 • : t t : • . ♦ I •y-:t « ; . ; V ‘. 4-•* ••Vi-' ■ 38 08-117-23 23 0011 01098 LOMA LINDA AVE LOUIS HERMAN LOUIS HERMAN 3140 CHOHEN AVE SO tlOS MPLS MN 55416 . t i • t /•i i r 38 *08-117-23 23 0022 01045 LOMA LINDA AVE J A K STRAINING JAMES A STRAINING * 1045 LOMA LINO AVE MOUND MN 55364 . ’ 4* !• ;« • t- 4.:-r •- r. ; i- • 1. ^, • i, . :•* « t t e 1 0 I % I i »» » » i ‘: i I i 1 • * • % OJ ’’v '> ?• f ■ ■ V • ' t. w- CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HE^tlEPIN COUNTY DEPARTMENT OF PROPERTY TJ OF MY KNOHLEDGE AND BELIEFi ►V .. Ir.EPARTMENT OF PROPERTY TA>«TION, TO THE BEST . •: ./> .» f t. •• *«9 • i ■4-- > • i iI1. ** • ^ / i V M J.ll . ■ ■ ' i 1 • •ri * i • V ' ' ' . ’■I-'I • • r I :.* :i .). »• • # • • I..i * '* » ■ : ; ! \ ‘: t’. .4 'K* ‘ ^ *• t • M- • ■ * » V, «■ t t p t \ * :» « . V I » i • 4. * ' f! : 4*. i . • » % * . ■ */. i ■1:’: * # 4 • f u * f • •• , A- 5- •. ; t". v.t.. • ; M: •;• !. «.•'> ./ ,i»- r; ;• . . i V» ' • r V .- 4 - I’- : - CVT“--- .Acxncwxeacenier-c roijxAajdiCznz. ?rc?e--/ v./fr.—- .1 - . Ij Li.s^f\u^/4^ c 6 A L f‘/i J A I (we) /'/'^-'k----'■*'' [^flnt name(s)] Ofxi_. [prir.r address] ^-^<2 2- cr DroDOSsd us0 or tns have reviewed the plans for tne prop . - - . referred* to as Land Use property located at ------------------------------------- Application No. ^k# w mmm ^ j ,-T, *»vecu^-'nQ this ackncwledgenent, I (we) amI (we) understand that in cf the property or use (are) not as)ced to declare appro ^ Council that I (we) am (are) aware of but merely to ^Lt^tL prooosed neigiibor's project or use the improvement plans and that tne p^ p requires Council approval. Property Owner 4 - /c? - ? / Date ^^roperty Owner Date -y- - mtirtmt******************************** , /n,MC ^P/?^4kL_______//I X,M4-Iii\:QA (we) 0 i iS f I > ------------------------------- r___d-j. .^.3«>aee 1 [print name(s)] [print address] have reviewed the plans for the proposed Is" Land Dse property located at ----------—--------------------- Application No a. ^ a->e=a^ in execut'no this acknowledgement, I (we) am I (we) understand that in ^^^^oval of the property or use (are) not asked to ^ Council that I (we) am (are) aware of but merely to confirm ^rooosed neighbor's project <Wi use the improvement plans and that the proposed g , ; • | requires Council approval. •• '7,, -j - ... r ----- •. •' cz«i.t=tL* , Property Owner Date Property Owner If you have any “/“""“t^^srsubmlt yout"co^entV to^ the*'*Burrdn^ ^^least l^^a^ prior to the scheduled meetin, date. i \H - ^'^- o o . > ^ t • » • _ CITY of ORONO ri • ” » *N.N . VN /// Municipal OfHc» Pf>st Office Box o6 Costal Bay. Minnesou 55313 June 4, 1991 Bill Eockman 1090 Loma Linda Avenue Mound, MN 55364 Be: New Deck Replacing Old Three Season Porch Dear Mr. BocJcman; Several issues have come up in trying to get a permit issued for your deck. First of all, at the time of the permit for your second story addition approval was given to remove the superstructure of your old porch but to leave the deck in place. Mike Gaffron pointed out that a variance would be required for a new deck xn that location. When Lyle and I visited the sight you had already torn down the old porch floor and started a new deck. It appeared at first that a new deck might be possible while still meeting average setback distances from the lakeshore. After discussing this with Mike Gaffron, we discovered that your deck does indeed encroach into the average setback area. We therefore suggested the deck would have to be considered a grace level deck to meet setbacks. You proposed keeping the deck below 30" high so a railing would not be required. In continuing with the zoning review we discovered that you are over the 25% allowable hardcover in the 75-2S0' zone. In your calculation the driveway had not been included in your total Jefulr"Y to l7ke\"o"poinrtot that a variance wiJ 1 be required if you wish to build a porch on this deck in the future. TFI FPHON'E -473.^357 • FAX-473-0510 r iri Bill Bockman, 1090 Loma Linda Avenue June 4, 1991 Page 2 of 2 Variances are required even to replace existing structures when the existing structures do not meet setback requirements. New structures will likely last many ye-rs. I am afraid that in trying to hurry the permit approval process to help you get going on your deck we have created some confusion. Please call Mike Gaffron at our office to discuss a variance application. If you have any questions, please call me at 473- 7357. Sin ly Bruce V^g, Buildin|j Inspector BV/tln . ^ ..cc: Jeanne Mabusth, Building & Zoning Administrator Michael Gaffron, Asst Planning 6 Zoning Administrator Lyle Oman, Bur'ldii.,* ;.’»spector iKk 1 Certificate of Survey foi;William H. Bocktnann of Lot 9, LOMA LINDA Hennepin County, Minnesota - V ’ / li THIS il£f^ HiiS BEEN fiiiCROFILiEO (-P 40' 111 H (/)UJa:uXo X 40' Legal Description: Lot 9, LOMA LINDA I hereby certify that this survey was prepared by me or under my ‘ direct supervision and that 1 am a duly Registered Land Surveyor under the laws of the State of Minnesota. Scale Date 0 1 inch = 30 feet 3-22-90 Iron marker COFFIN & GRONBERG, INC. Note: Bearings shown are basedon an assumed datum. Mark 5. Gronberg. Mn.'^Lie. No. 12 755 Engineers, Land Surveyors and Planners long Lake, Minnesota ;l SJS'ST«S» *■ Tra^torf Vjood.Q Treated Wood. 00 ' ” STAIHS «~nic-p c" MU'i. TREAD max. RlStR -j,op_oo>A :-------* 1";;?;'; HANDRAil. RSQUIRED .. !I £LI . HARDCOVER CALCULATION NGRKSH^ ScT3Ac:< ZONE: (circle one ) 0-75' (75-250/ 25O-5C0' 5GG-iCC0' E.xisting Hardcover in Zone A. House 30.3 ■ 3 LENGTH WIDTH . ............ • ________________ //O KJNt>- B. Garage 2^.3./2-3 c. D riveway /a .Sidewalk _^ y G? ^;</sr?ro6. ; *2^ _ X_____ X>e<c<4 E. P atio / Deck F,Landscape AREAS UNDERLAIN BY PLASTIC SHEETING 6. Other •?^r7 S.F. /6/S • r . S • r • S.F. :> • r . 279 S.F. /75 _ S.F. S.F. S.F. S • FI HI S.F. S.F. S.F. S.F _ S.F. S.F. S.F. "Total ”Hardcover in • • •• Total P roperty A rea in Zone fl 3 V n Ni •L«.k *' (I •T.. ‘P-1 Zone -7^^ . g'.R. [T <-HoO S.F.B ibii noo 32>.H '/o ^ ■ ■ ■■■■ 1 --V L HARDCOVE! CALCLJLATIQOQa^SHEE SETBACK ZONE: (CIRCLE ONE) ^0-75'' 7r- £<137INC Hardcover in Zcne 1# -250' 250-500' •• jGO-ICOO' • • A. H ouse # _ X • Sir. • • LENGTH WIDTH _ X *S.F. •X S.r . m 9 • X • « 0* a • S.F. • X a S.F. 3. Garagc X • S.F. c. Driveway __ X a • S • r I X s • • SI Fi • • D. Sidewalk X S.F. ^pT)C Coi'CF^/o X /<!. /5 S.F. X S.F, E. ^ATIO/ Deck X • ••S • r • •----------------- ■ F. Landscape X a S.F. areas UNDERLAIN BY t ___ X ___a S.F. PLASTIC • • • SHEETING X m • • S.F. •• • X • S.F. # - — — s. Other X »S.F. V ---r • . -* ^ m ■ — S.F. _ S.F. fi" 0 • * ------ Total H ardcover in Zone ----- Total Property A rea in Zone • • I • •• _ /3____X loa - _% I < it-^Stre n5< y / C"^ ^1C <<■ r'^^^Oy'i- 1 l| . •« «• ‘J» t ? te..» r • f ! -r “•/' / ?j “*:4 V M. ..... ( .= ./ '<5 yri^AXs Certificate of Survey fo^; William 11. Bockmann of Lot 9, LOMA LINDA / Hennepin County, Minnesota CITY OF 0R0NI3 .>♦' ■O .Is i A* 1 A*- / / V rS 7^ SlfEPLAJI__ GRAL'ir-G PLAM V/aI‘PROVED^ . ;-!'i nOVEP WITli F’lbVlEIONC • . cr-zC-^ToDA :_j w r ^ 9- W ^ ^ > • e5 i-R I - y ^ ^ ^ ^ . • >c./ I \T^ft r J>^ • ,___ \ \ V'-'. 'O' ' SiC- '^ itI • . .•• ^ *v C\ > !?<rT /9/.:it / / /rr. S70#5--^ /ai^tsX-noAJ CJAJUY j l(^Ci^^t>e:S. /e<2<v^<3liCL- /i'T' Ptd«>/fej:' pL^CCT^at^ T Op 'p! A jC»^^f/er2. ^ /Aj as*A^- ‘ > ^IvJD ^2.»0 X 30*3 /\-ee/iu/fA^ ^ Cc»A) r> m t>/v s * ytX) ^ , 1 :V^.T4.v>7 •* A c fbciAJtiAT70Aj f2£^PLAC'e'MC<\l‘i LAJOW U£> ]^Om^ A V/l/2f>Wc'ii TO SwiA STA^^VW24^ I ^ pt/o.2- S<?rgA«K. . Leoa, Doscri. -n: Lot 9. L0,« UNPA 1 hereby certify tijaL this, survey was prepared by me or under my direct supervision and that T am a duly Registered Land Surveyor under the laws of the State of Minnesota. puixjz^yv^t'Ac /K WA eCIAA jc ^^ . Scale Date 0 ’ inch = 30 feet i-22-90 Iron marker COFFIN & G/^ONB^G, INC. Mark S. GronbergT Mn. <ic. No. Note: Bearings shown are basedon an assumed datum-. 12755Engineers, Land Surveyors and Planners Long Lake, Minnesota • *‘ f:r^ ■ ' :^ OFF LIST FOR ISSOAHCS OF PEWITS FOR OFFICE 3SB ONIT uonss OR i*a»L drsouptiot.—^ofM\ ^ ^ ^ ta, ^a-IP -2.-^ 2-^ ^lO------------- ir DRseunaa or «o«» ^ Nn Sra-'^ 'n°'^ , man RTi ■ ;'.■'•*■.■■■ ••• ' ■ * ^ '.’f B03XDXB6 RSFZBIt BXt I' PBUm Z88USD BTf, DATS APPROVE) I ___________•;JiV’*5 J)ATJI APPROVEDl ______^ ‘ • • •> DATE I_______' ^' r • “-S'; V."^ '';^ ' • > Il'TO BB CHAR6SD1 ■ ■" ' ■....................... POtMZT '' No PlJWfREVlEWv y NO, STATE SORCBAAGB PENALTY SAC Yai Yaa. Yaa No No No y > SEWER UNIT ► \ ''• SEWER CONNECTION WATER CCNNECTION PARK FEE SITE INSPECTION OTHER ^apacify) 'V •f1 *♦ i*" •f 1 y»*. At ZORZNa CHECE LIST Zonino Dlatrietii I Fira 0apartmanti.4ini^^J^ Poat OfficaSchool Diatrictt Lot air««. ^ZLO Widtht _______ Daptht .. ------------ Survay Submlttad, Yaajll No___ Data of Survey,---- .i J' .* Proposad S.tbacka, (Laka) > (Street), I /fOb' ^ O^. Right Sida ? / ^ t.e-- sid., /O.l' 0'^ Adjacent Structurea Exla /q'*~ Wetland, propoaad Hardcover I 0-75' 73-230 * 32.. ^ Vt A)0 /VJO C MAfjc-.e -/ibbiroo eti'nutt.'i Hardcover Varlaaee Required, Yaa_ _ No^ Date of Council Approva..),^ , cradlnpi Staff Approval Dataay, Council Approval Data, — septlot Staff Approval oaeat '■■■^ ■ ayt,—=S3. zoning vilail ~~* Raaolucion #,. ■ 'Z^ Raaolution - I10IAIIBB <ia bcttse)i. m^mMM of Lot 9. LOHA LIMDA Hennepin County, HinnesotA BY '■0AT£_l^:2g^- ?i;r fVAC^)»<e^jr o,~ /5^^>/nL-.>^^» - i : •■ •. ' i^ •* » * If jv:"' -- r- . i 9, LOMA LINDA Cot^TTOAis \ / lIefiJ^cc>'^c^>T L-JbiiAi b^eTo ««<><. r<-TB4Clt. Tt> Xwo^^.'F ^yur^^t^Tn^cfu^LA* OP" f>zo r<«‘w,p.<r £^4vt' iiecAi ^ I hereh, cert.f, ll.a, ,h,s .„rve, prepafe'S^iS'~„V Tnd'^r Uiril.rsrurirajfofslr;,;;,^•''‘' S“r.e,or underAv^'i^Ta^j 1 Inch = 3-22-90 Iron Darker FF IN A ^*^7 Cronb<:r? i, .1 - -. B< orings shown are hasedon an assumed datum. •- K, • • i2ruii: ‘m • • % • U' * t. >. ; . •, f * . • * » • • ' ^» ■'*** ' . ' ' ***»^*% ♦' ;■* , • .*? •?'. •. ■ ’ - ^ - ' • ' • *\ •< «« *•• •r- c 4 *«•■ ■ •* >:> a',.^'..T. .;• . •- **• “^ ‘J- House I,. ?c : 3 y 2^.3 . ’ 797 s.F. LEHGTH 7.95 WIDTH y ;/£j».3 m •/ 4*/' S.p, •' • *- 4 *iJ » « 4. V : • *■• *• ^.L ,.^'-vy»4 ■- V yr * ,t’- • '• -<r< ‘ • ' •• *• W»Jia.'i>^-,:/.:)i'.:'‘ .ii** '•>••'• -; • 7W,V, /•••vr^. »l 4 .*, . 4' ‘ • Vp-i.-r■• •■■' , *• •■' •■■ '■ X X X S.Fi 4 -4* # • • » ' . ;i ; .' vr*^ < V 4,:' 4 • <?• / 4 ■ *‘ .' —r~ r -.. :' -.'u-y '-' ’yy • e B ' 7 ‘V-4* :> ' ^ ^ S i Pi . ’VA^r* -< '••■^'' *•%;* • J.^I ■ -.i ♦.« sss^ifS'-"^ "rrr :«&3 w ? j ■ ®sss5s •:'■ 'iJi Si>gSBs»" ; ■;=?.:sl TTr • * «t II s • n Crnff*-/af ^)t . ' /€0 s.P.'- i Y • ■ V S1Pt • Y - ‘ L S.Fi E. ’at 10/ D eck Y •••••• ■•‘^ * ^ ^ m . S.P. • • • » e 1Awn^riPP Y • • “ * • - • S.F. AREAS U.HDERUIH BN/Y • ft • • ft - S.Pi RUSTIC SHEETiriO Y • • . • * ■ SiPi V • » S.P> • m n H tUPP Y - S.F. V Total H ardcover IM ZO.'IE |/^\'^ /J/dT? S.F. Total Property Area Ifl ZC!18 ^Jc?0 S.F. m ^.m v?^c?X ICO - -^s2a 3— . , • . . , %-v. .'44.;:^^ ,1* '* >•.»•' i^4v 1*P ‘ •'. •‘"‘'';'V‘:7‘T?^^ ’ ‘ ■ • ■■ ’ ■ •! ’'i. ' v-^'*'''^^ '• ^ * •' ■ • - ••-'■■■'"' vf-ii ;;; .^r-v-'-'vwi .F. . ^ Vr .'■ /•* ‘•-•■••4?, • V •• • ‘ . > •■ .' • ' ♦ • ^ ♦'^i'- '-'Jy •V ., I :■•♦.. v.'ijjt • , t . . "I 4 %■4>c. *>.. r* 4•• • • 1 . *. ^..*4‘».Vv Wf .V -.V / •i •' B •'}5 .*.4 .. .j *4/ .viiVj V .. ■ V:?? , ^ * •.* *• ... .«* ■ • • Mi ••• • ••• MM A'V • M ‘ 4 i*'. • *' - ■' To;Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From Jeanne A. Mabusth, Building & Zoning Administrator Date:July 1, 1991 Subject: #1665 Thomas McCarthy - 1424 ^aldur Park Road Variances - Public Hearing Zoning District: Total Area LR-IC 8f894 s.f. or .204 acres List of Exhibits Exhibit A Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit 6 Exhibit H Exhibit I - Application •1 - Applicant's Addendum - Property Owners List - Plat Map - Photos - Elevations - Survey - Existing Site Plan - Hardcover Fact Sheets - Proposed Site Plan Description of Request Applicant seeks hardcover (75-250' setback area) and street setback variances for a 20 17.3 addition to the existing <^atached garage. The replacement of an existing lakeshore deck at approximately 29' 4" x 7' will require approval of hardcover (0-75* setback area) and lakeshore setback variances. Applicant also proposes approximately 227 s.f. of structural overhang/roof at a 5 ’ width and 7' height placed over 143.85 s.f. of non- structural sidewalk hardcover resulting in additional hardcover of 83.15 s.f. Review Exhibi I. The overhang/roof connects principal residence to detached garage. Pertinent Ordinance- 1.Replacement of existing deck. (check this section # not clear on tape) a. Section 10.22, Subd. 1 (B) - Lakeshore setback variance Required = 75' Proposed = 60' Variance =15' or 20% b.Section 10.22, Subd. 2 - Hardcover 0-75’ Area = 3,769 s.f. Allowed = 0 Existing » 316.15 s.f. or 8.39% Proposed = 316.15 s.f. or 8.39% Zoning File #1665 July 1, 1991 Page 2 2.Addition to existing detached garage (20' x 17.33'). a. Section 10.25, Subd. 6(B) Required = 30' Existing = 3' Proposed = 9' Variance =21' or 70% b.Section 10.22, Subd. 2 - Hardcover variance within 75- 250' setbac)c area Allowed = 2,223.5 s,f. or 25% Existing - 2,408 s.f.* or 47% Proposed = 2,003.6 s.f. or 39.1% or Proposed = 2,086.75 s.f. or 40.7% (depending on Planning Commission's final determination concerning connecting overhang roof structure connecting detached decJc with house) * Does not include landscape area underlain with deteriorating plastic. Staff has been advised that applicant will remove prior to Planning Commission meeting. Staff will reconfirm prior to meeting. APPLICANT'S HARDSHIP STATEMENT - PLEASE REVIEW EXHIBIT A-1 Street Setback for Detached Garage Addition 1.Substandard lot area and lot width at 50* requires doors to face road causing need for 30' setback. 2.Need to add addition for parking of twrt cars garage serves for parking only cne vehicle. Existing 3.Separation setback would have been required between principal structure and detached garage if 30' setback was met. 4. 20" hardwood tree is being protected by not bringing garage closer to house. Hardcover Variance - 75-250* Zone 1. 2. Lot is severly substandard. Current improvement proposal will result in a reduction cf approximately 8% of hardcover within the 75-250' setback area. i *« Zoning File #1665 July 1, 1991 Page 3 Hardcover Variance within 0*~75' Setback Area and Lakeshore Setback 1.Narrow lot width prohibits installation of deck along side yards of lot. 2.Portions of lakeshore side of principal structure and total deck lie within 0-75' setback zone. 2. No expansion of deck area is proposed, only replacement of existing deck. "1 4 r toO CITY OP ORONO - VARIANCE APPLICATION// Initial Application Fee $175.00 §"§ ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Facr Fees (Double application fee) \J rr.c> A cirr OF *' « t - m tm ' j «rnuMt.r * UM I .tvU 4 **• *1 • r f * '/"j] J-VX-VVVVV f»t ’ '’J TLI'V ;iA........ v,-|» -..-.r Anvv PROPERTY LOCATION Site Address / ^ ^ *"r ------ vni/!.*.» w » v; . . ..^ 1 ^ T A ••...•,/* 4 rjA i } 10 :s vw*.* •-•i/ ^ p C Ui^rar < Property Identification Number (P.I.D.) "//7 ~ ^3—^j£_££/3 Attach legal description to application if not included on required survey. APPLICANT Name Phone (home)_ _ 0 /"VI)4^ ^X ^<XF''Hiy_ _ _ _ _ phone (work) Address: ^alJcinPark City :_/l£ojoO------- ONNER (if different than applif'ant) Phone (home)------ 9</A- Zip: Name Phone (work) Address:City:Zip: Date Property Acquired 4// j‘ii (month/year) I (do) not^also own the adjacent parcels of land. PRESENT DSE OP PROPERTY p Present Zoning District L IC Present Use of Property ^^^^^ReTidential^ Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ 3 ^ SO^ ^ ^ Co^s+ritc'i' 0-7^ uescr^^e ie4ueau XA4 detail_ _ _ _ _ __ _ _■ -- - - - --- - -;——- - - - - - - - -- VARIANCES REQUIRED Lot Area Setback Variances ( Other _ _ Lot Width Front Hardcover Side Rear) T arlkiftn I eir r-x. HARDSHIP Describe undue hardship or practical difficulty resul^ng from strict enforcement of zoning regulations; s<fg. airache^L _______________ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: gc conditions prev :ffcic 1 ig 2. 3. 4. REQUIRED SUBMITTALS 1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8^{"xll'* for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8H"xll”). Sketches or plans of floor & elevation views (provide 1 copy 8%"xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the bes^^^of his/)^er knowledge. Applicant's Signatur a UX lit Date ^/ ^]( 7ONNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Applicant must have all submittals into tne City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. i nMfjr/itfcff mnp -/jfe a ' 'A.S SO Cl,A T £ S O o June 19, 1991 UttH z 6 City Council Members Planning Commission Members City Staff of Orono RE: 1424 Baldur Park Road, Crystal Bay North Arm of Lake Minnetonka, VARIANCE REQUESTS Variance to Build Garage within 30* Required Setback The hardship and description of unusual property conditions are due to the following: 1. 2. 3. 4. Extremely small lot and lot width of 50' requires the garage door to face the road causing the need for 30' setback. Desire to add the ability to park two cars indoors. If we maintained a 30' setback and a 20' depth on the garage, we would require a setback variance from the house. A 20" hardwood tree is being protected and preserved by not sliding the garage back any further. Approximately 80% of the "root zone airation" is being maintained with this proposal. Hardcover Variance. 75‘ to 250' Zone The hardship and description of unusual property conditions are due to the following: 1.The existing lot is small. Even though the existing house and accessory buildings are very modest in size and no plastic sheeting or fabric nas been rsed or proposed, the "Hardcover" is currently 47%. This proposal will reduce that ration to 39.1% Ly removing and incorporating the existing "rock" parking surface and sidewalk. Approximately 405 sq. ft. of sidewalk and parking surface is being removed and landscaped, the remaining sidewalks west of the existing single car garage will be incorporated under the "nev/ roof". The new drive will be bituminous. / M I C H I A L U L ARCHITECT S &P L A N N I N C C onsultants •v- • 7650 Currcll Blvd. • Sune 300 • Woodbury MN 55125 • (612)731 2831 City Countil Members Planning Commission Members City Staff of Orono June 19, 1991 #1 t-.iV*^x^ KJ ^ Page Two . . Hardcover Variance. 0-75' Zone for Deck Reconstruction The hardship and practical difficulty and unusual property conditions for this hardcover variance are as follows: 1. 2. The lot width does not allow for the deck to be relocated to one side or the other. This existing amenity already totally lies within the 0-75' zone and there is nothing to be done to change this. 3.The request is to reconstruct a wood deck level with the finish floor over the exact existing deck area which is now one step below the finish floor of the house. The existing deck area is in disrepair and uneven. All of these above issues would result in un jc hardship or practical difficulty if strict enforcement of the zoning regulations were imposed. Also, the unusual property conditions noted above prevent compliance with zoning code requirements. Thank you for consideration of these applications for variance. Michial Mularoni, Architect rom McCarthy, Owner 1 iiiaiiMil iitt J i 1/ j } T .• ♦ •M i ’ r .... • * • RUN DAT! 06/19/n i> f; , . V • ' ^ r . . ■ f ■ I' ■ .'■ •' »■♦ • ![!, BATCH 001 ■■ r' • ••• V. j • ; A. •< . * .?• •r ^ i: * r HENNEPIN COJNTY PROPERTY INFORMATION SYSTEM PROPERTY OltCRS LIST - ■;i pitop A ■)^ (MCR NAME y, TAXPAYER . NAME/AOORr* . • i . I • •. *• sa 08-117-ts 54 0015 01424 8ALDUR PARK RO GARY 0 YINGER . GARY G YINGER 1424 BALDUR PARK ROAD NAYZATA HN 55591 't •y r PROP ADDR OmER NAI TAXPAYER M s OmER NANE Vr NAHE/AOOR •* so 00-117-ES S4 0016 . 01612 BALOUR PARK RO C C HAOFORS « K E HA6F0RS CURTIS C HAOFORS 1412.BALOUR PARK RD HAYZATA MN S5S91 : < • .-I «• 0 PROP ADDR <M€R NAHE ^ TAXPAYER NAHE/ADOR• y \ * '5B 00-117-25 54 0029 : 00050 ADDRESS UNASSIGNEO PUBLIC ACCOUNTINO SERVICES ESTATE OF EDNARD SPINOlER C/0 LARKIN» HOFFMAN* DALY 7900 XERXES AVE S SUITE 1500 BLOONINOTON N4 55451 Vi-*'-I I• * . - PROP ADOR r- . ■ OHNER NAHE * » TAX' LYER ■ ^ NAHE/ADOR ♦ * ■ ■ t' ■ I < . I . 50 00-117-25 45 0005 01440 BALDUR PARK RD GORDON M TAM(E HR GORDON H TANKE 1440 BALDUR PARK RD NAYZATA MN 55591 in ■1 • .• ^ r. PROP ADDR ' '.r .ONNER NAME ^ '■} TAXPAYER NAME/AOOR 50 08-117-25 45 0009 05520 NORTH SHORE OR DAVID A SINGER DAVID A SINGER 5520 NORTH SHORE OR NAYZATA m 65591. •* •7' .1 I* f V • . ■ ■ I’v ’ i • 1• * 4 • PROP ADDR ' » * ’ • • * 1 V • . • • * • ■ M . . (»tCR NAME '" ‘i-v-TAXPAYER ■ •TOTAL BATCH .is 001 00015 * , 1 iM NANE/ADOR \S '' i *. ‘ 1 mT '* lit '* * , . * 58 08-117-25 54.0014 01420 BALDUR PARK RD N R NITTMER ASK HITTMER NALTER R I SHARON K NITTMER 1420 BALOUR PARK RO NAYZATA m 55391 58 08-117-25 54 0025 00058 ADDRESS UNASSIGNED EDNARD H SPINOLER ESTATE OF EDNARD SPINOLER C/O LARKIN* HOFFMAN* DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON rt4 55431 58 08-117-23 34 0030 00038 ADDRESS UNASSIGNEO PUBLIC ACCOUNTING SERVICES ESTATE OF EDNARD SPINOLER C/O LARKIN* HOFFMAN* DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON MN 55431 38 08-117-23 43 0006 («1436 BALOUR PARK RD NAP NELSON Nallace e nelson 6221 NASHBURN AVE S MPLS M4 55423 38 08-117-23 43 0010 03530 • NORTH SHORE DR AJ ACKERMATM ETAL A J ACKERMANN 3530 NORTH SHORE DR NAYZATA M4 55391 I . . t i . • 0 \ • REPORT NO. PI435401 PAGE 1 S8 08-117-2^ S4 OOlS 01416 BALDUR PARK RD J C ULKU RUBY E A JOHN C ULKU 1416 BALDUR PARK RD HAYZATA MN 55391 * 4* * ' 9 , 38 08-117-23 34 0028 00038 ADDRESS UNASSIGNED PUBLIC ACCOUNTING SERVICES ESTATE OF EDHARD SPINOLER C/O LARKIN* HOFFMAN* DALY 7900 XERXES AVE S SUITE 1500 BLOOHINSTON HN 55431 I Y '* 38 08-117-23 34 0059 01428 BALOUR PARK RD G A H ROTH GUENTHER R ROTH 4603 ELLEROALE RD MINNETONKA MN 55343 • k 38 08-117-23 43 0007 01432 BALDUR PARK RD J G S M R NYQUIST JOHN 6 A MAUREEN R NYQUIsr 1432 BALDUR PARK RO NAYZATA MN 55391 ■ ■; W <J 38 08-117-23 43 OOlJ. 03540 NORTH SHORE OR DOLORES M PETTIPIECE. DOLORES M PETTIPIECE 5540 NORTHSHORE DR HAYZATA MN 55391 1 • .• i« • * ■ .? ' . I • • I ! ' (* ^ i •ki*' ' * '« » .* if; ^ ^ ' . • *•' vf? ••»■:; . * *,.l. • - • 'i. • « • I • 'N • . f f ’ ' % • Vi V . . ' *; I i ■ \ • ;;mM DATE o*/i»/n t , i \ V '• '‘i *• vM’ j. !;*■• -/A , *.: • HEItCPIN COUKTY PROPERTY INFMHATION SYSTEH PROPERTY OHNERS LIST • ? . •••.' ■ ■,•..■-t- ■ III w: g*‘ r. • • •'?!::r M ?>• • A ^ ■ . '•'I ;«‘ V'/ ! **• *r!V . \♦, . .* ‘i liN ■. M i I --i 'l . ‘Mr . . . ••: ■; i ■ \ ,v • • ‘ •• V Vi;- • ■■' '. ' -:i • f'' ; >>: - V-V.: 'U ' V '. .. > . • .*• V ‘> • N. ■» * ,: .V* > » < V ^. • • ^ / l.‘ H * ' • I ' * ‘ . • f f * ‘ , r :'K’ ’ ■: ■ ■• -.•r'‘’'••■; t ,:-^.:i;:- ^-. v.; • ;■ ' ■•. . • ► >-.4 fit:' ’-v .. ■•■; ‘ £.■)'.■: .'> :.i«. ■ : ■ -' .I: :• fk • • '-'H : • • ^ i « ' * • • • } •• I / M J • ' *.' •; V' • ^ • . ' .J • .i • • I •.«!'•' • • * 'lA. • ■••« .^r • ■ ' ' ■•* • 1. , *» * i' '1*1:'^ ' > V / 'v ' *■< '■*'.'•*• «k ^ > -l' .1 '.■)•■,“ ■ i '*,. ‘ ■' : ' : *■'. • ^ .'• •*, ». . :. .: j Vv i\ ’ y, i A ■• i . *• * • . I c . • > >- I ** K •• - I • % » 11 • • f ■ REPORT NO. PI4S5A0I PAGE Z A V 5. '5-: « I • V- • ’, t M • 'A I 2*^ I $ > A. I V ' ■ • r. » • •. I . • i ' ■ 'Vi' • « <* • ^ • V • k I t * • i , • ' ■■. ■ 5,1 • i. t A. •:■• .'vf \ ■;...; , ... V ,1V. •M?- ’ N . . * • r*r^ • ' V A :? r , A / * •j C •. J A t •» 4< •- ' 4 *. • •* * ^ f • • f . t * i . . .Ai': 1k: ■ • :■ -fj '■. <'- V '. •l■. *. : 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OcPARTNENT OF PROPERTY TAXATION* TO THE BE! OF HY KNOHLEDGE AM) BELIEF. i' .n «V i V •'it r/ 1 ’• • .1 «•. ' ^ ■,' r . *• i * rt » ¥ u V f * 4 • . ’ • • ^ I i I 11 s ♦ '.‘j gamma A**.. I • ^ * I ■■ -Ai , r. ‘ I* * north arm ' ///-<? 3 Ml . a^^id ? UP : W^i •'' • H';?s ‘ ' • «-■ ■- -c_?4k* igi •-..j’f .r ■ •-%.-. .T'*.1 • V . m C-.-f4 ’ -*. ‘ 'd V s 1 A?.?m j * . K- VV'/ - ^ •’ , -% J- .#- ••» «•.»>' • - r ' .•. *.' • »ctv^ . _r»/..—--\>‘^- ■ .*. •, . i l/ •'a •' ' __:- I ; , . ^ .• .^ -r' r e X Isting - ft- V /> rA tv, ^ n new g a rage NORTH ELEVATION iT-l'i. S c.1 / 4 • 1 '-O’ ■4-"' ’ : ''t ■baa ^ ^ ;i- C'D O O house 2AWEST ELEVATION 1/4’1'-0* t • ■~^iT ^\n- ~ri~ngtiM-h-nr ffci-i ©SOUTH ELEVATION Sc.1 /4’ 1 *-0 i|^ • N \ 1\ \ AS^> '''V <■'. RL5 NO.tZCT / • V .* V :V »V / ✓ ✓ > # \ •D 1 licrcb/ certify that this is o true and correct rcprescnlolion of o survey of the boundorics of: Lot 9, block 1, DALDUR PARK, Mennepin County, Minnesota. And of the locolion of all buildinys, if any, ll^ereon, ond all visible encroaclviienls, if ony, from or on said lond. As surveyed by me this loth day of August, 1902. / Thomas S. Ue'’g<|uisl Registered Land Surveyor^ Minn. Lie. No. 7725 •# \ SATHRE-nEnCOUIST. INC. iy f St lAtt ¥WAf lAIA SiVO • M*« lAt A. MN tl Jt 1 tiUAMONi ICAitr=3o' »OOA /7 .73 f Ikl NO. /5£7-/ Prrparcfl for: Stonlcy Sorensen Site Data T Site ArcJ 0-75* Area 75'-250' Area 0-75' Existing Hardcover 75'-250' Existing Hariicover a,894 sq. ft. 3,769 sq. ft, 5,125 sq. ft. 316.15 sq. ft. 0.39\ . 2408.0 sq. f,. :is^. i > 'i: f9$t O«tcrtpttofi lot 0. UInck I, RAllMM PAHK. ik'iincpin Lininly, Minnesota "• r ^-=N 0 >! t h: A r m L a k e ; MI n n e 10 n k a ;; •---------- ''lx w I I I i I 1 I I I I ^ c 7 I i\ \ Mm I I I 1 • iltllng deck tree I I • H I ... V ; V • Ml«llfi« perkliio V , C‘., #•(rook) e 1 li 1 IflQ 9or • 0* •:> ' V'; MS ee. utr i, — I 21 i :i !! i • m I<• I•• I I I m I I i i I I i I I I i i I jf— ! I I I / \!/ 4 -------V ' ■'• ) I . C 'J \ \ • 9 f •• • • >• » r* .. • rt -E.fste Boulevard r\SITE PLAN©A 1 y s c.1:10 (S' a I [ffSt . A I ♦ W ^ i; 1 -• i f *ni'M . <0 9 ®r- Z 01 V. o al M C o ■o c o oc o» |a£ “ r- X *✓1 0 0)o CT3 o) CO T3 O ® 0) OC o aif • -•c“* s ^ «_ o— ■ o " “ 2 “ • O Tf w h- ^ o kLo £ O CM 9 I ea 9 CM at u u 2 2 O A1 " TF '’^rTr -■ ■-TiA.^ . ■- I U' \i. t ■ HARDCOVER CALCULATIOMJ'IOBKSHEET SETBACK ZONE: (CIRCLE 75-250' 250-500 500-1000 Existing H ardcover in Zone / a • -Z 7- 5A. H ouse 2 7- — x LENGTH 3 WIDTH X . X B. Garage c, Driveway X D. Sidewalk . X E. Patio / 3eck / fr • “5* X // F.Landscape AREAS underlain BY •• . plastic SHEETING X__ G. Other Total H ardcover in Zone X 7 Total Property A rea in Zone - o — — n — • —o /// -^4 • ^ O /5"4 S.F. n/ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. Z S.F. \) .'/ a /■ ' X. • ./5./ y ■*> i ■ 7- *'#. . *2 “ '.'1 • *» ___S.F. B n X/L.t^ -[^ ^.76? X 100 - .S llH-----% r n. w •. c . • - •» - •** - hardcover calculation worksheet- SuTBACx zone: (circle ome) 0~75' K 250-500' 500-1000' Existing Hardcover in Zone Proposed Existing • • A ’ House •X .S.F.?4Z^r3.F. f nwudb ^ LENGTH WIDTH « •Y 85>S.F. • X S3 • • S.F. •••X • • S.F. X m S.F. 2.0.0 _Z4JSL l4.2« 1 H \7-33 14 2_ 344 .6» S.F.^147. 4? B. Garage . c. Driveway X X 3 S5 X • _ S*P. • ^7 C-7 Y a IfiSr c. Sidewalk FROHTSTtOP r-<» , A -f.d iff. 0 lU, C S.F. 2>.d S.r oiMMenBOP OVl'ClL >**p 4.0 ^ Vf 3 -A V X ^ A/5" - y'aX -m 93. _ S.F, E. Jatio / Deck X ** S.F. • F,Landscape areas UNDERLAIN X • —0 - . S.Fi S.F. BY •• . plastic SHEETING • a S.F. X V __ S.F. • • G. Other _S.F Total Hardcover in Zone Proposed Total Property Area in Zone S,F. | 5-J2.3r.eSE 200^.C/ 4.r4 CxUttns ri3-24£Aj2_5:/i? g I2g. g S.F. X 100 . ^ /oo . IL.ii_L__ r'- t« Data U) Site Area 0-75* Area 150* Area 0-75* Ciisting Hardcover •-ISO* Caisting Hardcover *.v2S0* PxjapoJed Hardcover 8.B9A sq. Tl. 3,769 sq. ft. 5.125 sq. ft. 316.15, sq. ft. 8.39 ?i|00.0 sq. ft. A7." 2003.6 sq. ft, 39 Lake -Mlnhetonka ■ ^ —- I----------- - - *1'^ ooo rti I :2 I s I 3 I ! c. • WSMC»t% % rMAVtC, A#*ACW»«a«) Legal Otecrlptlon lot 9. Olock 1. OAICXJM HAMK. Hermepin County. Hinncsoia a 1M ting gar ago ORTH -• «*' '''i -.-.-L—i — j-----^ Isle Boulevard SITE PLAN lilO L * I i S <■ » r t • (ii?2 7 o O) A1 ¥ To;Planning Commission Chairman Kelley Orono Planning Commission Members City.Administrator Bernhardson From Jeanne A. Mabusth» Building & Zoning Administrator Date:July 5, 1991 Subject:#1666 Michael Hilbelink, 2180 Prospect Avenue Renewal Variances - Public Hearing Pertinent Ordinance- A.Section 10.28, Subdivision 5 (B) - Lot area variance. Required = 2 acres Existing = 27,040 s.f. or .62 acres Existing exclusive of road easement =* 22,490 s.f. or .516 acres Variance = 64,630 s.f. or 1.48 acres or 74% B.Side Street Setback Variance. Required = 50* Proposed with Application #1502 Variance =20* or 40% Proposed with Application #1666 Variance “9* or 18% 30* 41' List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Applicant's Addendum Property Owners List Plat Map Resolution #2839 Former Site Plan Revised Site Plan Description of Request Applicant has applied for a renewal variance for lot area and a side street setback variance for an amended proposal. New proposal requires less intense side street setback variance - former at 30', current at 41*. Applicant notes that he has been unable to successfully sell the property because of the death of Mr. Curtis and that the property has been tied up in probate. The revised grading and drainage plan has been submitted to Glenn Cook for his review and comment. He notes that the revised proposal will have no impact on current drainage nor on adjacent neighbor to north's property. Members should be advised that the much discussed upgrading of the drainageway along the north property line has been installed. Property owners within the French Creek plat have agreed to allow the City to extend the drainageway to a detention pond further west within the French Creek plat. This was completed some time last fall. Zoning File #1666 July 5r 1991 Page 2 ' • Hardship Statement Please review Exhibit Resolution #2839. The findings and hardships are set forth in the resolution. They remain the same for the current review. Conditions of approval set forth in the resolution must be amended as certain items have been completed, such as Conditions 1 and 5. It has been confirmed that applicant has not made payment of $400.00 to the City for his share in drainag^e improvement. Payment must be made immediately to the City. If the previous hazardous building charges have not already been assessed agains the property, the City will expect this amount to be paid prior to Council granting approval of the renewal variance and filing of resolution against the Chain of Title. * Staff would request adding the following condition. Prior to scheduling the application before the Council's rc.iew and action, all outstanding payments to the City resulting from the former review and approval of application #1502 must be made to the City. ^ MW. ^ • A . w F ^1 CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 . _ ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) sa^ ; I 'G. ^ I i V u .4 * ♦ W'l ». ' • • . i- ' K, •« - 1 - V VV V J1 tovuft •' • 'V V W PROPERTY LOCATION * * .* Site Address ‘u i-‘V»vv' . to : to h » < *1 / - -to-to-V to .'Va »*». f I.. ’ Property Identification Number (P.I.D.) ^ Attach legal description to application if not included on required survey. 06/f APPLICANT Name Address: a * Phone (home) //76 V _ ( /^/Sk ^A/i: Phone (work) __ ^/^vc/ MeP^(/ /^yJZityx/OfJG . 2ip:_. OWNER (if different th^ applicant) Phone (home) /3 /Jt/e^ /<v^7r/s ' CufiffS ^Name __ Address Phone (work) . \ZT) City; BAbs-cV\ Date Property Acquired jOOfKfCr____^Q (month/year) I (do) (do not) also own the adjacent parcels of land PRESENT OSE OP PROPERTY Present Zoning District IS Present Use of Property VAcMt~ Lo-j-Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $- - - - ii: /<5 rVAKis: J5u,i /of~Describe request in detail VARIANCES REQUIRED>r Lot Area Lot Width Hardcover / Setback Variances (Front Side Rear) r Other 4 HARDSHIP , , , . •Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:^_ _ _ _ _ _ ___ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS . u • Describe unusual property conditions preventing compliance with Zoning Code Requirements : _ _ _ _ _ ___ _ _ _ ___ _ _ _ _ _ _ _ _ _—- - - - - - - - - - 2. 3. 4. required submittals 1. Completed Application Form ^ ui. • Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8V’xll" for reproduction ). . , . ^ u Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i5"xll"). SJcetches or plans of floor & elevation views (provide 1 copy 855"xll"). As an addendum to this application, please attach a separate list o any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that vour variance appli cation is not—complet e—if—the—above ^nforn^ation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her Icnowledge. Applicant's Signature Date OmiBRS SIGNATURE , . The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. 0%mer'c Signature ______________________________________ Date __ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings third Monday of each month. Applicants must be present at all seheduiea r.vi« Plannlng-^^ssion and Conncil. If an applicant is rh'^iS\\Vr a\r/r a^^d^Vo ^ zoning Office of this change prior to the meeting. i r1 I rnt p Michael Hilbelink 85 Golden View Drive Long Lake/ Mn 55356 June 21/ 1991 Orono City Council P.O. Box 66 Crystal Bay/ Mn 55323 ■9^ \js^ ''LJ Re: Lot at 2180 Prospect Ave Dear Member's of the Council; I would like to apply for a one (1) year extension of the variance approved in resolution #2839/ on July 23/ 1990/ concerning the property at 2180 Prospect Ave./ Orono/ Minnesota. I have been unable to successfully close the property with the former Seller's estate. Mr. Curtis passed away last fall and the property has been tied up in probate. It appears that it should be resolved by the middle of August 1991. Once the title has been cleared/ I have an interested party planning on building a new home on the site. He has asked that a new location of the home be approved. I have enclosed a new survey showing hxs proposed foot print. Please consider both these requests at your next meeting. Thank you. Respectfully Ui Michael Hilbelink r --vv RUN DATE 02/15/90 BATCH OOS PROP AOOR OHI^R NAME TAXPAYER NAHE/ADDR PROP AOOR O^R NAME TAXPAYER NAME/AODR PROP AOOR OHNER NAME TAXPAYER NANE/AOOR PROP ADOR OttCR NAME TAXPAYER NAME/AODR PROP ADOR OHNER NAME TAXPAYER NAtlE/AOOR MENMEPItJ COUITY PROPERTY INFORMATION SYSTEfl PROPERTY OHilERS LIST 38 10-117-23 23 OOOA 00038 ADDRESS UNASSIGTiED NED INC ET AL NED INC 1212 E HAYZATA BLVD HAYZATA HtT 55391 38 10-117-23 31 0018 02170 PROSPECT AVE BOBBY 0 JOHNSON A HIFE BOOBY D JOHNSON BOX 123 CRYSTAL BAY l»4 55323 38 10-117-23 31 0036 02160 CRYSTAL AVE H A J BLUE MARCUS J A JUDY A BLUE BOX 62 CRYSTAL BAY IM 55325 38 10-117-23 31 01335 ARBOR ST BAROARA J GARCIA BARBARA J GARCIA 1335 ARDOR ST HAYZATA m 55391 0051 30 10-117-23 31 0058 02195 PROSPECT AVE BRIAN L GAMMOfl PAUL LINDBERG 2195 PROSPECT AVE HAYZATA MN 55391 38 10-117-23 31 0016 02150 PROSPECT AVE IRENE G HOYTCKE MARK A & TINA M WHITE 2150 PROSPECT AVE CRYSTAL BAY TUT 55323 58 10-117-23 31 0019 02180 PROSPECT AVE FREDERICK H CURTIS FREDERICK H CURTIS P 0 BOX 556 FEDHAVEN FL 3385<i 38 10-117-23 31 00«Y3 01291 BRIAR ST K CURLEY S H KELLETT MR S MRS KEVIN CURI EY 1291 BRIAR ST S CRYSTAL DAY MN 65323 38 10-117-23 31 0052 01555 ARBOR ST G C PETERSON J J H PETERSON GREGORY A JUHAMNE PETERSON 1555 ARDOR ST HAYZAIA I8T 55391 38 10-117-23 32 0005 02235 FRENCH CREEK CIR DONALD WILLIAM CARLSON DONALD W CARLSON 2235 FRENCH CREEK CIR LONG LAKE t«T 55356 REPORT NO. PZ435A01 PACE 5 38 10-117-23 31 0017 02160 PROSPECT AVE PATRICIA D DRUI1M0ND PATRICIA D ORUTtlONO 2160 PROSPECT AVE CRYSTAL BAY MN 55323 30 10-117-23 31 0035 01295 ARBOR ST ARLENE L HOPPE ARLENE L HOPPE 1295 ARDOR ST WAYZATA 1»T 55S->1 38 10-117-23 31 0094 01295 BRIAR ST ALEXANDER J JENTIIUCCI ETAL ALEXANDER & OIANE JENTILUCCI 1295 BRIAN ST CRYSTAL BAY MT4 55323 4 28 10-117-23 31 0057 01335 BRIAR ST IIERDCRT A SHEPHERD ETAL HERBERT A S MARIE C SHEPHERD 1335 BRIAR S^ WAYZATA m 55391 % TOTAL BATCH 003 00019 a f4uo .*"■ « uV^«140 •\ Jo « a 'V a 140 « aUO a .\f75) a ‘^ .'(70) ^ V* 17 «V 10 '«0_ a •■ '6 '"“a n- (74) ^ >• II '<0 (71) S’ a 1J° S’*^osrM'r^ S’ av UO (1«V'‘'0s, 140 ^ (40) S’9 S’ :'^ii"CIS [ '^0 ^rSTAl' S’ a\! " '*°Q”\-5Q) **V 7 '^Ofi (3?) S’ orc 1 t a (38) a -------JL<S-Z------- - , 3 140^2\33) a ? > @A«"S a » '*°a (37) S’ s . ® '*°a 2-44:56) " aUO S)V s«3i)„oa ; 7 / 140 a \ CRYSTAL ( 17) PROSPECT tone -eft ^ f;^ Jr^i J il^52) * 175 ^ 2,’ 1 i (54)g 1 .• '^5 *(53)*(55)2 n s 07.5 07.5 s ^ §. ^ s(56)- 'y^ 67.5 87.5 (2) ..........’ *1 “ ' .;. '• I n~mrii I II nTBimi a*n iiin ii rritimirr i itiKiiMnir ----fMi h 5694430 CITY OF ORONQ # 3 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO.2839 A RESOLUTION GRANTING VARIANCES TO HUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) AND DENIES VARIANCES TO SECTION 10.03, SUBDIVISION 15 (C) AND SECTION 10.03, SUBDIVISION 16 PILE #1502 TRANSFZR ENTIRE OJfT. Of PWPEITY TAX & PUBLIC fCCORCS AUG 21 1990 INN. DEPUTY legally described as follows; Refer to Exhibit property"); and attached (hereinafter "the WHEREAS, the applicant has applied to 5 acres^^is^ reqlured^ and a side/street setback variance that would NOW, THBRKFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: findings 1. This application was reviewed as Zoning File #1502. 2 The property is located in the RR-IB, Rural Residential no District requiring 2 acres of dry contiguous land. The subject property consists of 22,490 square feet or acres. M«ch^°9? !f9 ”o':^''^AprTf!6t°”l9Vo ’«l"Mf/21?'’lV(o Recommended approval of the proposed variance application as amended based upon the following findings. a) The property consists of .516 acres and is subject to 2 acre zoning standards. Page 1 of 5 .aHPidn CITY City of OROrVO OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2839_ _ _ _ b) The area of the property is surrounding one half to three-quarter «cre pattern development within the Crystal Bay neighborhood. c) The property is served with sewer. Acquisition\o i"ncre«t'‘the° building envelope. 4. The City Council concurs «“h the Planning Com^ irbalvlslrn^!". ^C) in/ Secti^Y^l' -^iee^%-"cii^ sirg'^thi »io"i «hiheiaht to be a hazard to the public wno u» bhar nexgnt i. __j nr-i^r street and to find AAA:”rri°nti1gs" aYo'ig ‘= thA^Aoit^ Yinra .ore acceptable Method in^achieving the desired level of privacy. c Th*. rihv Council has considered this application ?Ac?^Yg^A^a {Zings and Ze%A^U«S? AS7tiA°Affec'’t°“l tL'^^AoAed variance on the health, safety and welfare of the community. 6 The City Council finds that the conditions existing on A7At?A7AAApeiti in"hL’%An°in1 dij^c£\^ rigir'a-“n^^"AAs7rrZe £{{f EIiTAeZ7Vs neighboring property: ”®essa?y to alleviate A°SA“«S«bAA LidYiip or <Ji “i="“'';/®hA®App7ican7:‘’iAd “Ard b%rn\%%%^‘n1tZps;iU and i of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, OFDER AND CONDITIONS Based upon one or more of ?fo7 ii£liv?s “io7i5 "icnll sillitn lO^i, s“bA?AifZ‘l rB7^ro=v«Zt"7A77oi,spu£io£ liricr^s'aTAAt afd a side setback variance of 20' or 40%, subject to the following conditions: Page 2 of 5 1 LkdL wr City of OROIVO CITY RESOLUTION OF THE CITY COUNCIL NO. 2839_______ ORONO X.—^Kor to the issuance of a building permit by the City for new construction, all drainage improvements within French Creek as shown on plans of City Engineer dated July 2 1990 entitled "Ditch Grading" must te completed ana applicant must provide proof from the County that delinquenc real estate taxes and special assessments have been paid. Applicant is further advised that there is approximately $6,825.84 incurred by the City as a result of a Previous Hazardous Building Action against this property. This fee is in the process of being assessed against the property. Applicant will have an opportunity to pay this off prior to the formal assessment to be ordered by the Courts. 2. Public permit. New driveway access at Briar Street must be reviewed by ic Works Director prior to the issuance of a building 3. Connection to municipal sewer prior to the issuance of a Certificate of Occupancy for new residence. 4. City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit. 5. Granting of a 15' wide drainage easement along the north boundary line and the granting of drainage and 'Utility easements 10' along southern property line and 5 along west property line. 6. With the approval of this variance application, the City hereby agrees to install the drainage improvement as defined in the above referenced plans. Applicant shall pay to the City a sum of $400.00 prior to your applying for a maintain erosion control until ground cover is >^®stored. Applicant shall maintain erosion control on his property throughout construction to prevent any restriction of drainage system along northern border of property, existing drainage swale within the northern boundaries of the property shall not be moved further north so as to further encroach into the immediately adjacent property to the north. :rt‘hircnV7ear “4 this variance will expire on that date (July 23, 1991). Page 3 of 5 ti CITY QRQNa City of ORONO RESOLUTION OF THE CITY COUNCIL NO.2839 violation of or non-compliance with any of the terms misdemeanor. 9 The undersigned applicant has read, “n<3«F®tood and the property. Jul ATT: Adopted by the Orono City Council on this 23rd day of •i990. IT: ^3rot^^ Mr^i^alli^^ City Clerk R. Gratreiu-Mayor Property Owner(sj • vi* it STATE OF MINNESOTA COUNTY OF HENNEPIN ss . ) The foregoing instrument was acknowledged before me on this 23rd"d1y'of 1990 hy da.es R Craheh ras°e;e"c°uted on hehalf of the City. LAJU^C — Notary Public My Commission Expires Page 4 of 5 '• . • r - r A I ' i "" Ii ORONCJ City of OROINO RESOLUTION OF THE CITY COUNCIL NO. _________ STATE OP MINNESOTA ) COUNTY OF HENNEPIN ) } ss. On this -TTi— uf-^in*and fS-^^said county, personally before me a Notary Public wiy <,^ U/Oi,\r\cknown to me to be appeared r>-];nhn<> / ^ the iorecoin? the P®-=°’'-‘*L\Vknot^edae'd that he (they) executed the same as instrument, and acxnow_euyc his (their) free act anc ce>c. A sf issO r V‘. IdLUU^ notary public THERESA L NAAS AaLoU NOTARY PU8UO • MINNESOTA HENNEPIN COUNTY ^3«-lSr M» ecnwnMUw mourn M4E STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) On this , , 199 , before me On this_ _ _ _ ___ _ _ ^ ^ C''unty, oersonally appears- a Notary Public within and lor sa-a be thea - - - known t:o nre — ird”r= know^fidg^'ed aT“he ““thryT"^"xe cut ed°\*h e same as his (their) free act and deed. notary public my COMMISSION EXPIRES liiljka Page 5 of 5 r---------------r - S-- .■ 1 i ,» « . A CITY ORONO3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2839_ _ _ _ _ _ EXHIBIT A T.Fr;AT. DESCRIPTION: All that part of the Northeast Quarter of the South west Quarter of Section 10, Township 117 North, Range 23 West O’ ^tb Principal Meridian described as follows; ginning at a point on the west line of the Northeast Quarter of the Southwest Quarter of said Section 1 0 51 5.625 feet nortli of the southwest corner of said Northeast Quarter of. tlie Southwest Quarter; thence North 1 30.00 feet; thence Cast 208.00 ithence South 130.00 feet; thence West 208.00 feet to the point of begin ning . • # • • .f»» • • T t.*-t.* .f •: %• ».•'V. . • r •* •. ♦ • 1. 1*.* .*• “ *- - * - ^ • _ ..J SCALE 1-r 30* BOOK PAGE eo 7 FILE NO. <)ooifo A r- To:Chairman Kelley and Planning Commission Members City Administrator Bernhardson lA. From: Jeanne A. Mabusth, Building & Zoning Administrator Date:July 10, 1991 Subject: #1667 Whitney MacMillan, 1700 Fox Street Variance - Public Hearing List of Exhibits -> A - Application A1 - Applicant's Addendum B - Survey C - Oman's Memo D ~ Demolition Permit E - ?CA Regulations F - Plat Map G - Property Owners List H - Council Minutes 6/24/91 Pertinent Ordinances - Section 10.02, Subdivision 16 (A) - Clean fill. Clean fill shall consist of native soils as described in the unified soils classification system. Organic, man-made and reprocessed materials, topsoil and rocks larger than 0.25 cubic yards (2.9 feet in diameter) shall not be considered clean fill. Section 10.OJ, Subdivision 19 - Prohibition. All land alterations authorized under this section involving filling and grading shall be performed with only clean fill as defined in Section 10.02 above. Description of Request - On April 13, 1991 the former residence located at 1700 Fox Street was burned by the Long Lake Fire Department. Applicant had obtained the required burning permit from the Long Lake Fire Department and had advised the subcontractor to knock down and crack the basement walls, remains of fireplaces, and bituminous roadways and parking areas around the former dwelling. The remaining was placed on top of the former basement slab and buried with earth. The debris buried at the former building site is not classified as clean fill. Prior to January 1991 both the City and local fire departments issued burn permits. PCA regulations now allow only fire departments to issue burn permits for the burning of all structures. 1 h .. Zoning #1667 July 10r 1991 Page 2 of 2 PCA regulations require notification if an owner plans to bury debris from burn sites. The original burning permit with the Long Lake Fire Department should have alerted the chief to the plan for burying the foundation. The PCA regulations requires the filing of special covenants on a property if debris is to be buried on site. Applicant agreed to provide a covenant defining the disposal site with the understanding that at some time in the future if construction is to take place near or within the disposal area, that owner will agree to remove any fill that does not meet the current clean fill standards of the City (review Exhibit A-1). At the June 24th meeting of the Council, applicant requested that Council waive the requirement of applicant obtaining a demolition permit from the City. Please note that burning is one method of demolishing a structure. The City requires demolition permits so that official records for a property are current and all individual department files updated or adjusted (i.e. assessor's records, sewer/water or septic billing files, address/property files, etc.). Council advised applicant to obtain a demolition permit and to file a variance to the clean fill standard. On June 25th the applicant obtained the required demolition permit and filed the variance application with the City. Hardships - Please review Exhibit Al. Applicant's addendum sets forth the circumstances surrounding the burn of the former residence. Members may also wish to review the Building Official's memo (Exhibit C). m ijyiui J r ff CITY OF ORONO - VARIANCE APPLICATION Li Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) . - ^ , " -V i O O V PROPERTY LOCATION Site Address \ cm OF oiwi^o finance office i:i50200000 01 OEH 1313100000 01 CEl^ 30.00 A, I h/aW BAROSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of :?oning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. 3. 4. REQUIRED SUBMITTALS 1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8*j"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i{"xll"). S)cetches or plans of floor & elevation views (provide 1 copy 8J5"xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. S. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above Infomation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. Applicant's Signature Date OWNERS SIGNATUPJS The owner hereby aclcowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Ovmer's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please ma)ce arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. i L. *-H-i June 4, 1991 City Council City of Orono 1335 South Brown Road P.O. Box 66 Orono, MN 55323 Re: Request for waiver of demolition permit Residence on Lot 1, Block 1, MacMILLAN ADDITION, according to the recorded plat thereof, Orono, Minnesota TO: Mayor and Members of the City Council: For a number of years it had become obvious that it did not make practical sense for our fan\ily to retain the old residence on Lot 1, Block 1, MacMILLAN ADDITION since no one was living in the house, and therefore a determination was made to remove the dwelling house from the property. We made this determination as far back as our going through the subdivision processes with regard to the lot on which this house was located. In connection with the platting of the property, the removal of the dwelling house from the property was discussed many times in connection with the location of lot lines within the subdivision, as well as in connection with setback lines respecting the location of the tennis court on an adjacent property. I merely recount this history to indicate that there was certainly no effort on our part whatsoever to blur, hide or make less clear our intentions with regard to this dwelling house, and discussed it with the City Planning Staff as long ago as the early sununer of 1990 when the preliminary platting processes were being worked out. In the early spring of 1991, it was determined that we could both do a service to the fire fighters serving the City of Orono, as well as reduce costs and expenses, if we would offer the dwelling house and the property around it for practice exercises to be conducted by the Long Lake Fire Department serving that portion of the Oty of Orono. Not only would the Fire Department volunteers benefit from the training, but obviously our family would benefit by minimizing exp>ense in removing the dwelling house from the property. With that in mind, we contacted Mr. Rick Perry, the Chief of the Long Lake Volunteer Fire Department and inquired of him about having the Hre Department do a controlled burning and training exercise at the dwelling house. He was very happy to agree to that and in connection therewith an agreement was entered into with the Long Lake Fire Department which we understood to be everything which was necessary in order to p>ermit the house to be burned in this controlled burning and training exercise. Mr. Perry assured us that \ J ■4-f the forms that we fUled out were all that was necessary in order to complete the burning of the home. The burning of the home actually commenced on the 13th of April, 1991. Prior to that time, it was our understanding that the City of Long Lake Fire Department had told the City of Orono of the practice exerdse and had informed the City of the date the burning would occur. It is further our understanding that one of our contractors on our new home being constructed right next door to the old residence, Mr. Bruce Yerigan, had actually taken the Qty of Orono Building Inspectors through the old dwelling house prior to the fire to show them what it was like. Prior to the April 13 date, our family conducted salvage operations from the home as did the City of Long Lake Fire Department. It seems to us that there could have been no more obvious indication of what was to happen to the building, and the Orono Building Inspectors themselves had ample knowledge even in advance of the date of the fire that the building was going to be burned down and obviously demolished. Again, our representatives were assured by the Fire Department that all the necessary papers had been prepared for this activity. After the burning occurred on the 13th of April, we are all aware that the rains commenced and nothing could be done further until heavy equipment cotdd be brought onto the site which was done on May 9,1991. During that p>eri^ of time the City of Orono Building Insp>ectors had been visiting the new construrtion site on a regular basis, and the standing chimneys and the old dwelling foundation were plainly visible from the new house site. Our contractor was not informed of the need for any permits from the City of Orono in connection with the old dwelling chimneys and foundation. We asked our contractor who is building our new house for us on Lot 2, Block 1 to obtain the necessary subcontracting work to properly complete the demolition of the dwelling house from the property. Prior to the completion of this phase of the work, the well that was formerly on the property was cemented in and ^pped by an authorized well contractor. The certificate with respect to that well clm^g v/as filed with the State of Minnesota. The basement of the dwelling house was inspiected for the presence of oil tanks. There were no oil tank« m the basement of the dwelling house. The dwelling house was originally coal fired, but switched over to natural gas, and therefore no tanks were required. After the fire had done its work, the only thing that remained on the site of the dwelling house was the cement floor, the poured cvmcrete walls and several brick fireplaces which had not burned. On the 9th of May, the day the load restrictions went off the Orono roads, our building contractor brought in GL Contracting, Inc. who did all the earth work in connection with our new house. On that day and shortly thereafter, the chimneys were knocked down and deposited in the basement excavation and a large frost wrecking ball was used to crack the poured cement basement walls so that they could be deposited on the basement slab. In addition, the roadways and parking areas around the dwelling house were picked up and put into the basement cavity of the dwelling house and the wrecking ball was used to pulverize the rock so that it L made a uniform fill in the basement cavity. There was mixed within some of the rock taken from the roadway a small amount of asphalt surfacing, but that asphalt surfacing had been on the roadway surfaces for a very long time, w’as very old and dried out and was also a very thin cover, not over an inch in most places. After all of that fill in the basement cavity had been pounded down with the frost ball, the sides of the cavity were bulldoz^ in and black dirt was put over all of the fill to make a uniform surface. The basement fill work was commenced on or about May 15,1991 and all of the cement destruction work and basement fill work had been completed by the 18th of May. It was a complete surprise and shock to be notified at the end of May by your Building Insp>ectors that an additional permi* was needed. We wanted to write this letter to give you the history of what occurred here, to give you what we ui\derstand the methods which were employed by our contractor and its subcontractor in doing the actual cement work and fill work to fill in the excavation of the old dwelling house, and to assure you that our family was in all events doing everything which it had been informed it was supposed to do in connection with this demolition. We certainly feel that with all the communication we had with the Long Lake Fire Department and all the conununication they should have had with the City of Orono about the burning of the dwelling, and given the presence on or near this property of the Qty of Orono Building Inspectors both prior to the fire, and prior excavation demolition even to the extent of having been led through this dwelling house on a walk through by our contractor for the new house that we should have been informed by someone from the City Administrative Staff that an additional permit would be required. Under no drcumsUnces did we have any intent to evade any permitting requirement. This letter summarizes, to the best of our knowledge, the procedures that were used to destroy and fill in the basement excavation. We can get more detailed affidavits for the City from our contractors if that should be deemed appropriate. We feel that we are without fault in this matter. We feel that the City had ample notice of what was going on with respect to this demolition, and failed to notify us. This site and the surrounding land is now owned by our familv partnership, and there are no plans for rebuilding on the site. We are planning to plant the site in native prairie grasses and to maintain it as prairie. We have been assured by our contractor and the subcontractor performing the foundation demolition work that no PCA Regulations were violated in connection with the demolition of the foundation, and that the only departure from your ordinances was leaving some part of the basement slab foundation and the crushed cement and chimney debris in the ground and adding thereto some of the old roadway surfacing which might not meet the definition of clean fill. Under the circumstances, it appears to us to be both unfair and impractical to require that this site be reexcavated at the present time. We do, however, recognize the concern expressed by Jeanne Mabusth of your Planning and Zoning Department that some notice should be given to possible 4 B--/ future owners of the lot who might wish to build on the old site, that there still exists on the site of the demolished residence, a px)rtion of the buried foundation as well as fill which nuiy not qualify as clean fill under your existing ordinance provision. We would be willing to cooperate in drafting and executing a mutually agreeable restrictive covenant referring to Lot 1, Block 1, MacMILLAN ADDITION, locating the site of the demolished building thereon, and providing that any new construction on the site of the demolished building would not be able to proceed without first contacting the building department of the City of Orono, or other governmental entity then having jurisdiction, to give that governmental entity the opp>ortunity to review the contractor’s plans for site excavation, to monitor the excavation work, to examine the condition of the fill exposed, and to then require the removal of any fill on the site, and/ or any remaining basement slab, which has been exposed by the excavation for the new construction, then determined to be not in compliance with the then existing clean fill or demolition requirements of the governmental entity. Very Truly Yours, THE WAKEFIELD ORONO PARTNERSHIP By ii/xZ Whitney MacMillan, a general partner 1 .0^- >■«-•* %*?-•.•»- *; * *IMACMIU^ ADDITION S5>^ sr : 114 ____ » 1 '>• .-J MW QiT. aOk* iIf .U* ’•TNwM M« «ni« at4^ WHw l« IM •r»«« » •4 of V ■- |A ■ _ S ^ •• if. S'^ A>**v ;fr'»— ' / il*' -rf. / > # >' > » 4 pw<i^ «M mm* T>i0 l$U m* m* m *mma* • %*r m Lwm ammM r« tm Ht.t** m t^« M.iH —'>^.— . / I ^ mm^r»T^^ I ^jWava/VAvVTiMitf 9C<MW*tM»\ j —*0 M4 mtslity m* rciT • • tMMrui tfVM aMwat iMrMft Masi •»« MM wm tM ••!: It** tM MnMttt tMrtM •f ittxtm ) tovMif M AtMaM M«r«M •« aeaTw. !»*>• *• Ml* f«c* •# • *•««• aMt# IrM m*t tM WVtMttt caMM #* c, u mmm. llttuiM • »:4» *m irntw-mm y Jf O T>ia MX) •m* •♦ • *mma* . I Vi km%^ i^mm »r m ^rmm* -T»f« Mim i f**t *• natr. Mttii atiivwiM iMicatM.'aM MjaiaiM fat liMi. M 10 tMl ta atat*. a*a a*.)a««Hif itraai iiaai. at •MM aa Ua flat To: 61891.1 Jeanne Mabusth, Building 6 Zoning Administrator From Lyle Oman, Building Official te:June 18, 1991 Fox Stre IC,xo As you know, the existing home at Fox Street was burned by the Long Lake Fire Department and the foundation and a section of asphalt driveway was knocked down into the basement and the hole was covered over with dirt, all without the benefit of a demolition permit which would have notified the applicant of the requirement for clean fill. The Building Inspection staff's position on the matter is as follows: ■IS- Vi 1. 1. All cities require demolition permits for principal structures. 2. A contractor that builds million dollar plus houses should know a permit is required. i *■ 3, Inspection staff doesn't normally remind contractors to get permits (i.e. plumbing, mechanical, electrical, septic, well, fireplace, etc.). 4. Demolition permits are necessary for property tax purposes. 5. Removal of the foundation at this point would not require much more work now than before it was covered over. The top soil can be striped and stock piled in a short period of time and the rubble can then be removed as it would have before it was covered over. Applicable Code Section: Uniform Building Code Section 301. (a) Permits Required. No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. Orono Municipal Code Section 10.03, Subdivision 19 ~ Clean Fill (see attached). M.P.C.A. 7001.3050 Permit Requirements. Permit by Rule — If in compliance with requirements, P.C.A. notification is required - location standards are to followed - closure standards are to be followed - notification on property deed required, other rules must also be followed (code sections enclosed). 6 APPLICATION FOR DEMOLITION PERMITCITY OF OROMO P.0, Box 66 (1335 So Brown Rd) Crystal Bay, MN 55323 SPECIAL CONDITIONS & HOLD HARMLESS AGREEMENT General Instmctlons 1. You may be required to obtain other permits, i.e. burning, well - -abandonirunent, etc. • - - - --- - - . 2. Work must not begin unless the permit card is available on the job site. 3. A 24 hour notice is required for all inspections. Call 473-7357 JOB SITE ADDRESS: Occupancy Type:Residential Commercial OWNER'S MAMS:Phone : Mailing Address:City: CONTRACTOR'S NAME:Bus. No.: Mailing Address:_______________________________________ City:_________________**************** ********** A ************** ♦ Demolition if planned by means of:manual disassembly heavy equipment burning (by fire department) Permits Issued: #_ _ _ _ Burning Fire Department i Well Abandonment In return for issuance of said Demolition Permit, the undersigned owner hereby agrees as follows: 1.The structure(s) shall be kept enclosed and/or secured until such time as demolition is complete. 2.Demolition debris will be kept off adjoining property and/or the public rights-of-way unless specific prior approval is obtained in writing for temporary use thereof. 3. 4. Foundations shall be completely removed from the ground. All demolition debris shall be completely disposed of off site in accordance with all applicable PCA requirements. 5.Water wells must be abandoned in accordance with State Health Department regulations. 6.Inspection required when all debris has been removed, before backfilling. Within 5 working days of superstructure removal, a final inspection shall be requested. The site shall be left clean and clear of all debris, with any excavation filled with earth level with the adjacent ground elevation (except when such excavation is to be used as part of a new building and such new building is actually under construction). PI*. ft r B,The undersigned owner shall and hereby does indemnify and hold harmless the City of Orono, its agents, ^ployees and assigns from and against all claims, damages, losses or expenses, including attorney fees, against the City, its agents, employees and assigns arising out of' or resulting from the demolition described herein as performed by the property owner,’ his employees, agents, subcontractors or assigns* jt* -< «•<PERMIT. TYPE AND FEB CALCULATION — . *<■ *»«'•*.* ^ • -X- • .*- • ' t -----r -y > $50.00 Principal Structure $30.00 Accessory Structure 1. 2. 3. Subtotal of above permit requested State Surcharge TOTAL PERMIT FEE (add lines 1-2 above) $. $. $ .50 the undersigned hereby applies to the City of Orono for issuance of a Demolition Permit, agrees to do all work in strict accordance with the ordinances of the City and the regulations of the State of Minnesota, and certifies that all statements madr ‘ his application are complete, true and correct. SIGNATURE OF APPLICANT:Date: »' • Qii 11».rifWIir " • • •» •> • •• • • • \ • * • •• • ' •. >V:- . *-•*•!». * •*» - • * •• •; • .‘•‘•OK • • • • . • i.- ' • * .1 • , •;V*' •*, • ■ •. •• . . • * • • fc .. .. .• i>* •i. ,*U*» .• • ; ••• - . _ h. a. * ' * ?... .* \*V. •• *.. • •• • V f •*• * • •4!^ •• V.A • •«....• i/ .» 4 • *• • • • • • •.ir; • l\ *« • • • ■* .‘•V ../• •. •'iv-v ■.* * .» • r'Vv - V ';» •*• .. > * •• Vi-.'. .. “.iiO.; •;.r • • • . • V -.Mto:;. . • . * • ’•■if *. .■ ■ •* • ■•■r.il v.V• •y ■ • « • •. • • a I, • • •• • .*. 'V ■ ^ • •• • 4• «• • • •; ’ ^ 'T1*^ I*. t . '•% •.. .tj »• • .'7*s V**’/ • SOLID HASTE MANAGEMENT FACILITT PE7-MITS 7001.3000 SCOPE. Parts 7001.0010 to 7001.0210 ard 7001.3000 to 7001.3550 govern the application procedures, the issuance, and t.he conditions of solid waste inanagetticnt facility perrnits. Par^s 7000.0100 to 7000.1100, 7001.0010 to 7001.0210, and 7001.3000 to 7001.3550 are construed to coraplenient each ocher. MS s 115.03 subd 1; 116.07 subds 2,4,4g,4h 13 SR 1150 7001.3025 DEFINITIONS. The definitions in parts 7001.0010 and 7035.0300 apply to the terins used in parts 7001.3000 to 7001.3550. MS 3 115.03 subd 1; 116.07 subds 2,4,4g,4h 13 SR 1150 7001.3050 PERMIT REQUIREMENTS. Subpart 1. Permit required. Except as provided in subpart 2, a solid waste sanagement facility per.'ait or permit fflodif icacion is required to; A. treat, score, process, or dispose of solid waste; B. establish, construct, or operate a solid waste management facility; or C. change, add, or expand a permitted solid waste management facility. Subp. 2. Exclusions. A solid waste management facility permit is not required for; A. a backyard compost site as def..ned in part 7035.0300; or B. a sewage sludge landspreading facility operating in compliance wit.h chapter 7040. Subp. 3. Permits-by-rule. The owner or operator of Che following facilities is deemed to have obtained a solid management facility permit without making appl ication .or it, unless Che commissioner finds that the facility is not In compliance with the listed part; A. transfer facilities designed for less than 30 cubic yards capacity in compliance with parts 7035.2525 to 7035.2655, 7035.2855, and 7035.2865; B. demolition debris land disposal facilities designed for less than 15,000 cubic yards total cavity and facility, and in compliance with parts 7015.2525 to ^q3$.2655 7035.2825, and 7035.2855; C. compost facilities receiving yard waste only and in compliance with part 7035.2835, subparts 2 and 3; 0. recycling facilities in compliance with parts 7035.2845 and 7035.2855; • • r- ;.. % e ' t t .. % ft * i- I: •• •• , « ?•'r. f-: • * >. * >• »» /: * •# I r • I'. f. •j-•• • *!* • 15;. if-. "v..f:*r.-. if.-- • r. . H*,* Ln IV. i::*. »> - ' if * 5 • • • 5: I • • IV ft ' n. 1 / %• • > * Mi t •• ••• •• •t • i '•* * •''i* t *. f • • • • ^ • % Subp. 3. Closure procedure. The closure of the facility must include the following procedures: disposal. A. Close access to the facility and prohibit waste B. Eradicate rodents. C. Provide measures to protect ground water and surface water. D. Divert surface water drainage around and away from the disposal area. E. Compact the waste and cover with a minimum of two feet of compacted earth material. F. Establish and maintain final grade to promote surface water runoff without excessive erosion. Seed to provide suitable vegetation. G. Record a detailed description, including a plat, with the county recorder. The description must include general types and location of wastes, depth of fill, and other information of interest to potential land owners. H. An authorized official must properly complete the disposal site closure record and submit it to the agency. MS* S 115.03 subd 1; 116.07 subds 2,4,4g,4h 13 SR IISO SOLID WASTE HANAGE.MENT FACILITY GENERAL TECHNICAL REQUIHE.MENTS 7035.2525 SOLID WASTE HANAGE.MENT FACILITIES GOVERNED. Subpart 1. General retjuirements. Parts 7035.2525 to 7035.2875 apply to owners and operators of all facilities that treat, transfer, score, process, or dispose of solid waste except as specifically provided otherwise in this part. Subp. 2. Exceptions. Parts 7035.2525 to 7035.2875 do not ^pply to the following solid waste management facilities# except as indicated: A. backyard compost sices; B. recycling sites handling one waste type only or recycling sites established to collect and transport recycladles to a processor in volumes of less than 30 cubic yards, except for pacts 7035.0700, 7035.2845, subpart 3, and 7035.2855; and C. industrial solid waste land disposal facilities; D. solid waste from the extraction, beneficiation, and processing, of ores and minerals scored, collected, transferred, transported, utilized, processed, and disposed of or reclaimed, provided the facility is permitted for such use under part 7001.0020, item B, and chapter 6130. HS s 115.03 subd 1; 116.07 subds 2,4,4g,4h 13 SR 1150 7035.2535 GENERAL SOLID WASTE MANAGEMENT FACILITY REQUIREMENTS. Subpart 1. Onacceptable wastes. The owner or operator of I • if* % »• I • U-'- •• • i*. . i * r f.;-. .•* • ••I It . .% r". • #• ♦f w* . *. . .V te '.•-I V * * • ii*.• A »• • /. • .N . ?; rt ** t • * r. <• •; •V f S > ?. • • • • !•. . • * . • • • •.S* • • •••» • * 1^# *1 • • ;• h- • *: •. *. • • .«•.. .«.»• * • • •• » ••.'Vi / . • • ’ V* .*• .1 • • '•/*** . :’ i V- / • •1- V J • • t •*.•• • • ''y ••• * t r-i * • • . •-* ■# • * •}' •*' i r #'• . K« *» • •-*. . *i *• I. / ^ 4 • IS • •t; '.U . V Sf • 1'- • » 4 ‘• • • • 4 • • ,■••• •in*.*./ *" V.• * • :V*; *. aV •i'V.;. • . •/> • . :V. . . r*t.* •.•i. • • •I • t subparc 3. The tequirerser.^s oc succar's . := -i acp-y :c i-.r.ers and operators of demolition deoris iand^disposal .acixi.ies required to obtain a permit under part' /CO-.3050. ^ Subo. 2. Location standards for permit-by-rule facilities, ^molitibn debris land disposal facilities ?err.itted-o'/-ru*e must .fioc be locaced: A. on a site with Jcarst features including sinkholes, disappearing streams, and caves; B. within wetland areas; C. within a floodplain area; 0. within a shoreland area; and E. with a 'water table 'within five feet of the iowesc fill elevation. Subp. 3. Design requirements for perait-^^^ ^olUiS; d;'«ris land dLposal facilities permitted-by-rule must be designed in the following manner: A. Site preparation must allow for orderly development of t.he site. Initial site preparations must include clearing and gruobing, topsoil stripping and stockpiling, ..11 excavation. If appropriate, drainage control structures, and other design features necessary to construct and operate the facility. B. The site must be developed in phases to achieve final fill elevations as rapidly as possible. The design of each phase must take into account weather conditions, site drainage, and the waste flow pattern into the site. C. Surface water drainage must be diverted around and away from the fill areas. 0. Slopes and drainageways must be designed to prevent erosion. Slopes longer than 200 feet must be interrupted with drainageways. y E. Final slopes for the fill area must be a minimum t'wo percent and a maximum 20 percent. - F. Final cover must consist of at least soil with the top 12 inches capable of sustaining vegetative growth. G. Final contours must be consistent with the planned ultimate -we cot the site. A. The waste must be spread and compacted to the extent possible. site. filling. B. C. The waste must be coveted at least monthly. Suitable cover material must be maintained at the 0.Each phase must be staked for proper grading and 148 mm ■ * • V- . . \\^4 M:•Ji* i’.:' . •• I , m $ • • • • i •• ■ • • ... • . • • • • • .V • • • ♦ • « • •••* . . • 4 . • . • •. ■ * . •*, • 4 • • • • *• s; V 4 f • 4.. : .v: ' V •/ . • (I • • .** • 4* ' • ». 4 *•“.. . .;=v .* • • .4 A 4^, MMlmtmitn Tft iTlIri i • ! *• i .'•’V.- •t • • . • •’ •t/. *v * • •. .‘.•i V ;.’r-.v. • •• - • * r.v i ' *j / *0 . : % .• . 3*? •’•, .V- • • .•*» MI • .*.■ t* .j * «. « ;• i •» •*#. * % •> ! V •y*.;r:v i •vv^;. VvV^;. W*.**?’; ■ ••i *!*’.♦*,* * Vv- • . »• • • .*** .•* **’ • T V •< • , < ►/v:• * .* f*' • # •* V**. .i. .* i# » • I. 1 I 1 1* •' .r.. • • • ^ 1 4 ' 1•• • iv**' • . '. •' •: **• ‘*» ' • .* *• • i '1.1• 1 4P ' • •***1 t . J-**.-• • •..;I • • * t • ' •• . .• * • - • w/ .1 S. A mininium separation distance of 50 feet T.ust be maintained between the fill boundaries and the site property line. area. F. Only demolition debris may be placed in the fill G. Waste at the site must be stored in accordance with part 7035.2853. ^ Subp. 5. Closure and poatclosure care for perait-by-rule ^ facilities. The owner or operator must close each phase as it reaches final waste elevations. The cover must consist of at least two feet of soil capable of sustaining vegetative growth and minimizing erosion. After closure, the site must be inspected at least once each year between June and September for settlement and erosion problems. All problems at the site mus: be corrected within 30 days of the inspection. A site closure record must be completed after closure and submitted to the commissioner. A notation must also be olacedon the orcpertv deed indicating the site use and location of the.waste. Subp. 6. Notification of permit-by-rule facilities.^ The otTni " ................................ • • • . ^ »otiner or operator of an existing demolition debris land disposal facility shall submit a letter notifying the commissioner of the facility's existence within 30 days after the effective date of this part. The owner or operator of a new facility shall submit such a letter before operations begin. The notification must include the initial dace of operation, the type of waste accepted, the capacity of the site, the location of the site, the users of the facility, and the expected date of closure. Subp. 7. Location standards for permitted facilities. The owner or operator of a permitted demolition deoris land disposal facility must not locate the facility on a site: A. with active karst features including sinkholes, disappearing streams, and caves; or 3. wnere the topography, geology, or soil is inadequate for protection of ground or surface water. Subp. 8. Design requirements for permitted facilities. The owner or operator cf a permitted demolition debris land disposal facility must include the following items in the facility design. A. Specifications tv.r the site preparation must be included in the permit application completed in accordance with part 7001.3300. Site preparation must allow for the orderly development of the facility Site preparation specifications must address clearing and grubbing, topsoil stripping and storage, cover material excavation, drainage control structures, and all other design features needed to prepare the site for operation. B. The site must be developed in phases. Each phase must contain individual cells that will provide for filling to final waste elevations. The owner or operator must consider seasonal differences in weather and amount of waste received in determining the length and size of each phase. The owner or operator must bring each phase to the final waste elevations shown on the ultimate development plana and the approved facility closure plan. C. Surface water drainage must be diverted around and away from the site operating area. The drainage control system must take into consideration the expected final contours, site drainage pattern, the need for temporary structures, and other site conditions that might affect site operations. * .t'.'. ' • • t •' ‘ •* •...» /.•r I . I • • • r* ■ *•, •$•0 . • « » -5i ; f .. ‘ y •If*. • 1 t.. •. j . i ■ . t • li •• rr- * •. ■ 1. ; . • • •• ••» ••. • * 1 •In #1 . jVlk’ • '■ ' 'irli yjS^05-U7-*5 41.0005 ; PROP'AOOR >,] OirOOii:; fox ST> <M 'TOMCR NAHE;> CRAIGBAMC'.associates , TAXPAYER .1 CRAXG8ANK' ASSOCIATES NAME/AOOR < PO'BOX^’9500 i'DEPT, 20 I ) ‘ . f' . ' • i ■:i'4 .vf,” • I /PROP ADOR ■0»t«ER NAHE •Jmpls hn .’I bbaao I r ,' ^ !h .r '• ■: • :^50iiM!^lli.25 42'L^^ 01020 •:V FOX ST t .1- • ’..sV't:;. ' ‘ i,ij CHARLES N HARVIN 1 T’ v' r I,.■ • » ’.'.TAXPAYER I! CHARLES N HARVIN J Y' NAME/A00R;!^i 1020 FOX STREET' ^ '< I ’ . - . 'i ^_ _ _ _ _ _ __ _ _ _ _U’.'i.-, I :! li •.4^‘J • * •' ‘ii'l":.I'- V*' 'ti l . ' " 50 i03-117>25 44 0001 l>j?ii: f • • ; •""» -'J 01*05 >1 FOX ST> , ; ! -- - - - - - - - - - - -- ’ • ‘ • - •-f: V* ♦!: ! : PROP ADDR i . ONNER NAHC , i SALLY D MANSER * W, TAXPAYER < SALLY D MANSER « ii;' NAHC/ADDR * * • • • ■ • 1*05 FOX ST ; • NAYZATA HN I • ;38:* 02 11?; 23 *3210006 !■;. ‘ • U560 FOX ST ' 'whituey ; macmillian '• ,i., • ‘ i. 50 03-117-23 44 0002 01745 FOX ST SUAO H AZHARI SUAO H AZHARI 'i . 1745 FOX ST , HAYZATA HN . 55391 : 38 : 03 117 23 41 1620 FOX ST ' /. 1;**;,^ | CAUGILL MAC MILLAN ' ' i v!?;' r 38 03 in: , CARGILL MCMILLAN . LONGRIDGE! ASSOC ir* ' ! ■ V‘ v 1''; ■' CARGILL MAC MILLAN I’ V 'i i 'Wo FM- DEPT 28 BOX 9300 .:! ' ^ Rof ^ MPLS MN 55440 ‘ I ‘ . V’ •:. • ' :• V.- .i' . I' ■ J !•.* ' ->i’r V I CERTIFY TMAT TtfE FACTS REPRESENTED ARE AN ACCURATE AND REPRESENTATION OF INFORMATION AS IT APPEARS TMIS DATE ON OF TME HENNEPIN COUNTY DEPARTMENT^OF PROPERTY TAXATION^ -11 i-r •j •• I V 1 ;v ^. :rr i.V ■:''smM r- • t. r • ♦ ORONO CITY COUNCIL MEETING HELD JUNE 24, 1991 (#6)MACMILLAN CONTINUED the use of clean fill. Mrs. MacMillan stated that the contractor that had crushed foundation of the structure hao informed her that the crushed debris was classified as clean fill. Butler commented that it is not the responsibility of the Building Inspectors to make sure that property ovmers secure the proper permits foi all aspects of a project. It was moved by Jabbour, seconded by Goetten. to require the applicants to obtain an after"'the~fact demolition permit for the razing 'of the principal structure located at 1620 Fox' Street. Further that the fire departments that serve the Orono area should be directed to notify persons seeking burn permits of the requirement for a demolition permit as well. All votec aye. Motion passed. (#7)SIGN ORDINANCE AMENDMENT Mabusth summarized the information provided in her June 19, 1991 memo pertaining to the Planning Commission's recommendation for a Temporary Sign Ordinance Amendment. jyjgyor Peterson asked Planning Commission Chair ,■ Charlie Kelley, if he wished to raa} any comments regarding this matter. Kelley stated that the Planning Commission did not want the Temporary Sign Ordinance to be drafted in such a way that it v^ould over “regulate the citizens. Vii "The Planning Commission's recommendation primarily focused on t'le need for the business owner to obtain a temporary sign permit. This ^^would also apply in the case of advertising balloons and banners." Butler asked Staff how the City will keep track of the number of temporary sign permits issued to each property to assure that no more than four permits are issued per year. Mabusth advised Butler that the City has a computer program in place for recording the number of permits issued to each property, and that it is currently used to monitor permits issued on a property. Butler asked if other communities have similar sign ordinances in place. She added that, in her opinion, such an ordinance seemed to be very "knit-picky". She asked, "How can a person located in a multi-tenant building run a business if the other tenants have depleted the four signs per year, per building allocation? There are very few free-standing businesses within the City of Orono. Most are clustered under one roof." Mabusth replied, "In the case of multiple-use buildings, .1 - 5 - d ■ ORONO CITY COUNCIL MEETING HELD JUNE 24, 1991 (#6)WHITNEY MACMILLAN 1620 FOX STREET REQUEST TO WAIVE DIRECTIVE OF DEMOLITION PERMIT Mr. and Mrs. V/hitney MacMillan were present. Bernhardson provided an overview of the events that took place and issues involved with this application. (Refer to Jeanne Mabusth's June 20, 1991, memo). He added that should Council approve the MacMillan's request to v/aive the need for a demolition permit, it would then be necessary to grant a Variance to the City's Ordinance requiring the use of clean fill. Mrs. MacMillan explained that she was not aware of the need for a demolition permit. They h id hired a contractor to come in and crush what remained of the house, after it had been burned. The crushed material was then buried in a hole. She stated that it was not until the process was complete that she received a letter from the City notifying her of the need to have obtained a demolition permit. Mrs. MacMillan stated that there was nothing in the burning/demolition process with the Fire Department or City that alerted her to the fact that such a permit was needed. She stated that the Building Inspectors had been out to the property several times and had not j nformed them of the need for a demolition permit. Jabbour suggested that it may be appropriate to require the various Fire Departments to notify people that a demolition permit must be obtained from the City in conjunction with burning a building. Mabusth stated that persons intending to burn a structure must obtain a permit from the PCA. The PCA permit application includes a question about the method that will be used to dispose of the debris. If the applicants indicate that the debris is to be buried on site, the PCA requires that certain covenants be filed in the chain of title for that particular property. Callahan noted that Mr. MacMillan's letter of June 4, 1991, indicates that he will provide the necessary covenants to meet the PCA requirements. He questioned what further action is required on the part of the City Council. Mabusth explained that the MacMillan's did not obtain a demolition permit to demolish the structure on their property. When City Staff notified the MacMillan's for the need of such a permit, they sent a letter asking that the requirement for a demolition permit be waived. She noted that it was not until today, when Staff further discussed this issue, that it was determined there would be a need for a Variance proceeding if Council granted the MacMillan's request. It would be necessary to hold a Public Hearing before the Planning Commission and obtain approval of a Variance from the City's Ordinance requiring - 4 - ' •■Sir' i-i'' r ■' .tiiiM.. rtMmim comamm w—nt MX0AT. JOLT IS, l«fi - TiOt ».«. UTS waam aoaa tom - aomexL om M rtMTirm - lUrj »atl«r roBUC nMUM - BI9 l«la Oats t TUO p^, • la# PA )U). nasi Bif Xalftiia X»«., aacorat t«ta u a If Bit talaaf - tacatiaa a« PaBU? Ufftt-«f-«ar s(ei. fiaaa Bit xaiaaa •if lalaat - CaadiUaMl Publie BMrlftf MTZOa tTWt • Baviaw af tliaaa itaM «iXl BatiMM achafolaa public iMarlafa. Applicaata traaaatiaf variaaea raqaaata bafara tba Cowilaalae art aakad ta aova ta tba podia* at tba fraat of tiea it aanaanead bf tba Variaaaaa - Caatiai tit, }4a> 1 taaUaa mi PabUa BaariM fiaad viiiia* B fa^iaaaaa • Ml Liada baaaaa fbaaaa MeCartbp, U24 BaUoa Park Bi • - p«b: Bardeam - Btataa of «aad Caatral Pabriaa Mosta* e mn%m - Bapart bp Plaaaiaf CaoMiaaiaa rapraaaatatiaa ta aaatiat of July •* 1B*1* taatoa fatart by Laka Baa CaMOittaa ropraaaatatiraa. Otbaa iaa aaa . iaaioa approval af aiaotaa mt dap* IT, Iffl SB. Biaaai sq CaoMiatiaa ta aalart a rapraaaatativa ta attaad U. U*1 coiwail aaatiap. V = :|S. Vl i* ?l_r!St!r —\ ^ A ■ m ^ ^ - - .. S.'i?''&':i"/'' *4--v ‘I j Zt ^ m — - i I 24 SeWM-'/J # M«aacs4 ^ 2^3 ” HENNEPIN. COUNTY -BOi^O WQ _ '* - 207,41 58?*T?'H^^ ' ^ r ~ T I s. « PfWfpsi^tStA. ,Ktk 2.00 ^,"«: ^ 1 i r'p '^4UV i ’*■■ -•! •“•■' ■' 40 4 . 4:1 il Sf^V4y^o t - . t „ f«» A4 ■ ■-♦** V f*. wpj t>?4N| u #{663 QBMeRAL MOTKS ,5!1 Omnotmm iron monummnt 4 MS 5 D«nol»s OMitting spot el»¥aiion 'I Denotes propoBOd Bpol elowation '<—, a;Oanofas watarmain 1 --»»Oenofes Btorm seieer •»i4r Oanotas conitarouB tree ♦Oanolas deciduous tree ■ 49 Oenofes overhaad powmr linaa u:<-M .>i»i.fn:-r: is. Thrf* f'^lT <:t •^«• L<t«t 4 ,f ‘ 2.-' t 'h«f V f Hi -r • 2nr»‘» * ' 4 f • 1 • , Ti >i*f nfij r <■ i < »«• •• of * ‘,f t, Cl ; n. t (Ml 1 , ) i (tr i , iM) •.< r * r*'i . > ■ I * c.i- «',i. I I. . • I »c*p4 h« fa*' li.fiP tp»-' of »P,4* (41' » -1,1 fa»* I ■ . y : P<| fK,r»>, '( Said So,:!?' S'.'I.P • • ■>■< » ■ , I, I ' , »r.a,l *4, • I. r- * . I 4 ' 4. f »i ALLMETRO LAND SURVEYORS '4 ,CERTinCAlE OF SURVEY r 4c- - '►* a 14j -V''*' ...4 ■ 4 * •WO8I c - ,r'» f MARK JOHNSON (•er». ir lcnt#» of Eurvey for <;«r.nlc1 i:. Honoir in I, Block 8, Bnvslcla ftfldltlon to Iwiko Mlnnetonkn lii’nncpin Cjiunty^ Mlnm'AotA #1347 |g;. IJgAI, OggCRTPTIOH or WlEMtSES SUHVRyn ni Th« Knar, so foot of tho west iso foot of U.» I, n!*M.k H, 1^0 Ijiko MlnncronkA.* AIJ'.o 1. Block 8, *Boy»idc A«Wi»lnn to i^<> ^InnetcMihn feet of snid I,ot I . "n«v«iilc Addition KXCEPT t.ha Meat ISO This kurvev is to show the hoiindArics of the above dcnctihel property, the location of an existinq house, nnraqe and fence thereon, and the proposed location of a pro(>osed qaraiie. It does not purport to show any other inprove* Rents or encrnaclusents. I hereby cert'.fy that this niirvey wan prepared by mo or under my direct supervision, and that T a« a duly registered Civil Rnqineer and I,and St rveyoi under the laws of the State of Minnesota. iwriM s GROHnirm;, rue, . . ___________ Maik .S. r.ronlwrg MN. I.ic. Mo. I27A5 Enciincers, IjiikI .Siuvevors. Planners ix>m l3ke, Minnesota j Spot elevation Scalei 1 inch - JO feet Date ; March 22, 1991 »4es»-e* • I Iron marker found o I Iron marker set Bcarinqn shown are based up on an asniiaed datum. ff«*.w; I Existiitq elevation Datumi Mean Sea Level C«rtiflcat« of Survey for Ronald L. Meyer of Lots S,6,7,8 Block 2, Minnetonka Siimiiit Park Hennepin County, Minnesota Legal Description Lots ^,8,7 and 8, Block 2, Minnetonka Suamit Park. TMs survey shovs the location of all existing buildingn and visible 'hardcover* and a praponpd addition in rela tion to the boundaries of the above drscribod pro|>crtv. It does not purport to show anv other ieprovcstnnts nr en- croachsMnts. k 1 hereby certify that this survey was prepared by ne or under sry direct r i|*nrvisio!i atid th-.t 1 aai a duly regiaterad Land Stirvevor under the laws of the State of Minnesota. #1656 coppiN s anc^iBEitc, tnc. Mark S. Gfoniie-rg Mn“i Lie. No~i 12785 Engineers, Land Surveyors, Planners Long Lake, Minnesota Date I 5-22-91 Bcalei !• • 20' o I Iron aaiker T/-//7 iuiiv I'; -■ ?W jmmmi ».• r-' • -**[■’ ■‘“iv.^K- -tV- 'v’.'rii :-v.^ . ■ ■ 1 V •• ,' . ■<•; "C /■-^' . •.* . • .V .^t fM*t<m 4AWti^0 S€>ti.*t rit^U X’o.Ci \. ■: ■| •.“')■ <r'a£. wei*ii.^TA»v iti-iY iWrv f • •. :i‘v':. '-f-v' ; >^:^ - V* -j; '.. --Ji. ..• • . ;■ ■;-: • •• ■' ; ;. .:r - - *’• ■ ■*—SXJSfJva i mm w^Hjm ■ .*»-v- H ii^*-':::v.v ■■■■.■if’ - •V*-;-"* •' '-V-'''-■. ■ ■,.■ ip#s »>5>4«Hr^S^/vc ^ ■-■■ i . . ■ . . -■. . *■ • ' ■ ■'■j^. '.'„- mm&' '•»? i‘* ifi-fI'i-^. •> .,.■ 4::^- 'V .../i^ • . ^ ViVj .0 j. / ■ f -:n-^,!'.’4-;'«:': -■ 4S .4*. ^-J^>4i- .A-4^ . ', .• ■• -■• • . *;.j ; 1^1-v;-- - M \ ,- ■•. ,■: . '. ;X V •:• ;*<:• •* *5- :.' . • ■ 'i. • ' ‘I i ■■•■ •. ^■..:-,a--v- -• t. .i>’4' V «•■ y ■•?... •• I -, • -‘' * •. • • - ■ . i; **' * Tt • .-■* ■. . .. A'v ■.••; -.4: :•• . •: .•■•; ’*<** Cto^uft,* .1.4 .M--• • 1 i«o««k:. mm 1 ■ -■■W■;■■■■■;;; 1 ■ h. I'- Irf'ls't i ' ■ - V‘• •M *' ^ mf^ ^','1 m^:;m .r ■ 1^#-J^ ; '‘I'^^a...,"It V '•-CJi’-'f‘' ' VfA. ^- '■r TrTt' w^-Alv. *,^/i 1'-%^^ / ** :T5r^■''4" 4V- -WtlX'ltSKSTT^ mm /;”'•>"“?'V/''-4 > ;V"* "■S‘.'V;;'V'/,v°;/.' >7> >/4> ^ o,. ^ amA^rlht Av*««0 _ ■ ■*'• }v^}'4<v>;'/ /•'V or ~,}h^^‘ft '>tn.^ or </>/, *,>n "•w/, , <>> 11^^ ll.« «•> CERTIFICATE OF SURVEY FOR 0»»'4 ’ “■» • * •» «*■«•§« w • r m ^•r'm »,••••■■•'^ » sOt r^jl.................................-,.Aw«ar.^.rH----------------------------- tmti uM •* ra« M fH •• n»>«, Tui,«(*xl H&Ker-y^tm^ twe**«* •» rw . » .» !■»*•/* _j 1^ »» iW l»Tltl *>• LtQKL DESCRIPTIOM All that part of the Northoaat Quartor of tho Southwoat O'lartor of Soctlon 10, Township 117 North, Rang* 33-Wsst of tho 5th Principal Nor- Idlan doscrlboA as follows: Boginning at a point on tho.wost lino of tho Northsast Quartor of tho Southvost Quarter of said Soctlon 10 515.625 foot,north of tho southwost cornor of said Northoafet Quartor of tho Southwost Quartor> thonco North 130.00 fogtithonco East 206.00 foot* thanco South 130.00 foot: thonco Host 206.00 foot to tho point of boginning. : . RREA 27040 sg. ft.or 0.63 acros N SCALE: I ••lo' A*MWWO s DCNOTES mOM POUND a DENOTES IKON SET •—DENOTES DIRECTION Of SURfACE PLONI ) ■SI DENOTES EXirrmO ELEVATION a luiN DENOTES PROPOSED ELEVATION ^ PROPOSED ELEVATIONS OAO LOWEST FLOOR OARAOE FLOOR m.f TOP OF FOUNDATION B) ir^ KM A.REAUME RC6ISTERED LAND SURVEYOR . 6I2- 542-S55S SURVEYS’^ INC. —'ll siSMOMsia cnosanoao 0 , ! MOSICTOMia, MMNtaOTa N I 1 \ 1 BOOK PAGE e PROJECT NO.SHEET »/0»7 C REVISIONS I HfRIBT CIRTtfY THAT THIS I'aMY. PLAN, OR REPORT WAS PREPARED RY WE OR UNDER MY DIRECT SUPfRVISION AND THAT t AM A DULY aEClSTKBIO LAND StJRVfTOR UNDER THE LAMS OF THE STATE OP MINNESOTA. DATE ^-tf-yi_REO. NO 1SS27