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Home My WebLink About03-18-1991 Planning Packetr' •r. ■^r CITY OP ORONO PLANNING COMMISSION MEETING MONDAY, MARCH 18, 1991 7:00 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS CiiLh^Lt COUNCIL REPRESENTATIVE - J. Diann Goetten ATTENDANCE - ULED PUBLIC HEARINGS - 7:00 p.m. 1. #1457 Alan G. Carlson, 3140 Watertown Road Amended Preliminary Subdivision - Public Hearing 2. #1630 Alan G. Carlson, 3140 Watertown Road - Conditional Use Permit/Variance - Public Hearing ACTION ITEMS 3. #1621 Terry S Jonell Johnson, 1045 Linden Lane - Variances - Continuation of Public Hearing 4.#1622 F. John Hardin, 1496 Park Drive - Variance - Public Hearing 5.#1623 Keenan & Jean Richardson, 2500 Woodhaven Drive Conditional Use Permit - Public Hearing 6.#1624 David Carlson (Shoreline Marina & Yacht Club), 1955 Shoreline Drive - Commercial Site Flan Review - Public Hearing 7.#1625 Don Olson, 4590 North Arm Drive - Variance - Public Hearing 8. #1626 Tim & Beth Traff, 2683 North Shore Drive - Variance - Public Hearing 9. #1627 Samuel A. McCloud, Record Lot #22, Big Island After-the-Fact Variances - Public Hearing 10. #1628 Mark & Sara Finney, 4195 Highwood Road - Variance - Public Hearing 11. #1629 McNulty Construction, 1700 Fox Street - Variance - Public Hearing 12. Recommendation to Council - Highway 12 Corridor Study jyuyttiyii 9. 't CITY OP ORONO PLANNING COMMISSION MEETING MONDAY, MARCH 18, 1991 7;00 P.M. SKETCH PLAN REVIEWS - 13. #1618 Wm Pucel, Baldur Park - PRD/Subdivision ADDITIONAL ITEMS - 14. Role of Planning Commission 15, A) Planning Commission approval of minutes of February 19, 1991 meeting. B) Planning Commission approval of minutes of February 20, 1991 public information meeting. C) Planning Commission approval of February 27, 1991 minutes of work session. 16. Planning Commission to select a representative to attend April 8, 1991 meeting of the Council. ADJOURNMENT Upcoming Events Calendar Joint meeting of Council and Planning Commission - Facilities workshop “ Date to be Announced at a Later Date ii iiiif PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORi-lATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NA2iE OR NUr^BER PRESENT FOR (from agenda) ' ' »v\ 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 March 14, 1991 Subject: #1 IT:? Alan Carlson, 3140 Watertown Road Revised Preliminary Plat - Public Hearing ii* Conditional Use Permit/Variance - Public Hearing Pertinent Ordinance- Section 11«10, Subd. 16 (D) - Applicant Proposes a substantial change from the preliminary subdivision approved by Council on March 12, 1990. Applicant has made appropriate payments and staff has scheduled a second public hearing to review the revised plan. Section 11.03, Definition 24 - Lot area, minimum. Each rural lot must contain a minimum of 2 acres exclusive of - - - - -, vehicular or pedestrian easements. Applicant proposes a 15' wide driveway easement through the southern portion of Lot 1, Block 2. Driveway easement at 15' = 3,000 s.f. in area (15' x 200'). Required = 87,120 s.f. Proposed =* 84,130 s.f. or 1.93 buildable acres. In the second phase of this review, the conditional use permit/variance application, applicant proposes bike trails through sections of residential lots. Applicant must be advised that these bike trails must be excluded from the dry buildable area of the residential lots. This again will place restrictions on Lot 1, Block 2. Lot 2, Block 2 has adequate area and as Gaffron's memo notes. Exhibit D, the bike trail along the southern side of Lots 1 and 2 may create problems for a, drainfield site. Section 11.03, Definition 26 - Lot, outlot. Use of these outlets must be approved by Council and such use restricted by appropriate restrictive covenants or open space easements. The following outlots and uses are proposed: Outlot A - Private road outlot. Outlot B - Pedestrian trail to commons area. Staff would ask why this could not be combiner* as one outlot since they are contiguous (B + C). Outlot C - Commons area. Outlot D - Unbuildable and desginated for future development. Outlot E - Road outlot to future developed property at north. Outlot P - Remainder of property at north side of Burlington Railroad available for combination with adjacent properties if applicant wishes to sell. I II p I III itMiii b'i-atAfcUlfbui Zoning File #1457 March 14, 1991 Page 2 of 8 List of Exhibits for A fc B Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Resolution #2764 - Preliminary Plat Approval 3/12/90 Carlson Letter 2/11/91 Cook Report 3/11/91 Gaffron Report 3/13/91 Application #1630-Conditional Use Permit/Variance Property Owners List Bike Trail Plan Bike Path Section Revised Preliminary Plat Grading Plan Road Profile/Typical Section/Elevation Monuments Location Map Revised Grading Plan Staff Sketch as of Future Connecting Roads Drainage Alternative Sketches A. Review of Revised Preliminary Plan Staff has informally discussed with the Planning Commission the circumstances surrounding the Corps of Engineers denial of Mr. Carlson'o request to fill and grade within the Type 6/7 wetlands within the northern portions of the property. Please review Exhibit E, Mr. Carlson's letter that reviews the background and circumstances of that denial in detail. A public hearing has been scheduled for tonight's meeting to review the revised 12-lot plat. Review of Revised Plat Lot Configuration The lower 8 lots remain at approximately the same configuration as the origianl. It is the most northern 4 residential lots that have been altered with the revised plan. Lot 5, Block 1 has been trimmed back to a total of 3.4 acres from 6.8 acres retaining the 2 acres dry contiguous. Proposed Lot 5, Block 3 has been realigned because of the realigned roadway. The lot is shown retaining 2 acres dry contiguous. As already noted above. Lot 1, Block 2 as shown will require a variance to the minimum 2 acre area standard because of the exclusion of the private driveway easement area. The lot line can be readjusted between 1 and 2 to provide the additional 3,000 s.f. of dry buildable area for Lot 1. Once again, the bike trails propos “ _ A m ^ « proposed with the second phase of this review will also create dry buildable area problems for Lot 1. Applicant should also advise how bike trail is going to work with placement of private drive along southern edge of Lot 1, Block 2. 1 I I lAA tr a. ff f%t b t't*a l r r f e W rr- k ilk' f « a f' « Lt I I f fn^iirai ii J m ■ g?‘r Zoning File #1457 March 14, 1991 Page 3 of 8 The uses of the outlot are noted above. It is not clear why Outlet B and C can not be designated as one outlot. Review Exhibit J, the revised grading plan. Note a berm or filling is proposed to connect the dry island area within Outlot C to the adjacent dry land area. This common area outlot should be for the exclusive use of the 12 residential landowners. Outlot D is to be reserved for future residential development. Once Outlot A is fully developed along the southern borders of Lots 1 & 2, Block 2 connecting to Outlot E, the northern portions of the property may be developed. Applicant may seek access to northern portions via another access. Outlot F's designation and use have already been noted above. All the lots meet the required lot width to the rear of the 50' front yard setback area. Road/Future Access Corridors As with the original plat, all lots shall achieve access via the private road. Until Outlot A is developed eastward through Stubbs property, Lot 2, Block 2 shall achieve access via a private driveway easement through Lot 1, Block 2. 'future access to Outlot D shall be via an extension of Outlot A thro igh the Stubb's property and then through Outlot E along the east sice of the property. Please review Exhibit K, staff sketch of future connecting roads within the area and the eventual connection of Outlot A to the network of future through roads to the east. The road layouts (there are others) appear consistent with the informal transportation plans developed in the last 5 years for this section. Please review Exhibit C, Cook's review comments. A temporary cul-de-sac near the end of Outlot A must be designated. The City would take temporary road and utility easements over the portions of tha cul-de-sac not included within the area of road Outlot A. At the time a future extension of road is installed, the temporary cul-de-sac will be removed and easement extinguished. The road plans should be amended so that they indicate which typical section is to be used where on the street. Cook asks that the street plans and profile, sheet be completed. Wetlands/Drainaqeways/Watersheds/Flood Plain The drainage swales proposed along the north and west boundaries of Lot 1, Block 1 will have no impact on the dry buidable area because they will be located along the boundaries of the lot and fall within the customary drainage easements taken along the boundaries of all lots. Please review Lot 3, Block 3. The 15' drainage easement that intersects the building envelope of Lot 3 must be excluded from the dry buildable area. Note this has not been completed by surveyor. It may be possible to relocate drainage swale along lot lines but based on the topography, or steep slopes, this may not be feasible. Zoning File #1457 March 14, 1991 Page 4 of 8 Review Exhibit L, staff's sketch of drainageway along eastern boundaries of Lot 5, Block 3 and Lot 1, Block 2. Now that road is realigned to the east, a 15" underground pipeculvert is propsed from the retention area on the south side of road outlot to the north of the proposed house and septic locations on Lot 1, Block 2. In fact, the culvert would be placed between house and septic. The area of this 15' wide drainage easement must also be excluded from dry buildable of Lot 1, Block 2 and Lot 5, Block 3. Review staff sketch. There are two alternatives for redirecting drainage from this area (Exhibit L). The best of the alternatives would be to obtain an easement through A. Stubbs property and channelize drainage ’ ^ veen the shared lot lines of Lots 1 and 2, Block 2. The area o tne drainage easements would not be excluded from the dry buildable area of each lot. If applicant is unable to obtain the necessary easements through the Stubbs property, then it may run along the lot lines. If none of the alternatives are acceptable, applicant's engineer may provide another solution, but, clearly, where you have lots that are at the minimum required 2 acres in area, the issue of drainage easements encroaching ouildable envelopes will create a major impact on the dry buildable area. Drainage easements must be shown over all wetland/flood plain areas at or below 970 elevation within the outlots. This should also include Outlot E along the east boundary of the property that is intersected by the drainage from the Goldsmith property. As already noted earlier, the plat road will no longer encroach the wetlands/flood plain areas at or below the 970 elevation. The land alterations proposed in Outlot C and Outlot D will be reviewed under the conditional use permit/variance phase of the application. As for the grading proposed along the southwest boundari- of the property, it is not clear whether the proposed land alterations will successfully carry run-off to the drainage ditch on Watertown Road. In any case, this is the requirement of the City. Please note the. area of the pond easement or drainage easeent within Lot 1, Block 3 has been excluded from the dry buildable envelope. Septic Please review Exhibit D, Mike Gaffron's comments concerning the revised 12-lot plat. Gaffron asks for additional documentation from the site evaluator indicating that the shift in drainfield sites is feasible for both Lot 2, Block 2 and Lot 5, Block 3. Although he has not noted it is his memo, he is concerned that the drainage culvert is shown between the proposed house and septic sites on Lot 1, Block 2. His memo asks that the second drainfield site on Lot 2, Block 1 be shown on the preliminary plan, with the revised plan he asks that the following septic sites be fenced and protected prior to any land alterations as follows: J m 9H rr;.- Zoning File #1457 March 14, 1991 Page 5 of 8 Lot 1, Lot 2, Lot 1, Lot 2, Lot 1, Lot 3, Lot 5, Block 1 Block 1 Block 2 Block 2 Block 3 Block 3 Block 3 - southwest corner drainfield site only Grading/Erosion Control/Landscape Review Exhibit J. Erosion control steps have been defined within the note section but have not been defined on the preliminary grading plan and should be shown as they were on the original grading plans for the 16~lot proposal. The entrance monuments proposed (Exhibit I) are the same approved by the Planning Commission for the 16-lot plat except that now 3' berms are shown on the grading plans. Exhibit J, where the entrance monuments are to be placed which may impact the total height. Although monument locations have not been shown on the current set of plans, based on our knowledge of the original location it would appear the monuments are to be placed within berm area. As monuments exceed 3' in height, they are subject to standards under Seciton 10.03, Subd. 16 - traffic visibility. Landscaping is proposed within the entrance area of the subdivision. Formal landscaping plans have not been proposed as developer feels the natural physical amenities of this property provide the desired effects. Review Exhibit C. Cook asks for a flood control structure within Outlot C. The flood control structure was required originally to protect the drainfield sites on Lots 4 and 5, Block 1. Later in the review, the on-site evaluator shot more detailed elevations of the, area and confirmed that the proposed sites of the septic drainfields are located out of the 970 elevation. The land alteration shown now in Outlot C are merely a berm to connect to the dry buildable land area within Outlot C. Topographic map has been amended to reflect actual location of the 970 elevation in relation to the septic sites. The easements referred to by surveyor as floodage easements or pond easements should be shown on the final plat as drainage easements. Review of Items to be Addressed by Applicant or Applicant's Consultants 1. Issue of drainage easements that intersect building envelopes of lots - need to exclude these areas from dry buildable unless they are realigned along the boundaries of proposed lots. Variances will be required for current lot layout. Zoning File #1457 March 14, 1991 Page 6 of 8 2.Realignment of shared lot line between Lots 1 and 2,Block 2 so that 2 acre dry buildable within Lot 1 is maintained exclusive of vehicular/pedestrian easements. 3.Any issues members may wish to address regarding the outlets as shown on plat. Applicant should comment as to why it is necessary to define access to commons area Outlot C as independent Outlot B. 4.Cul-de-sac to be provided per original discussions with applicant. Need to upgrade road plans to show what typical section is to be used where on street and complete street plans and profile sheet. 5.Grading plans to show locations of monuments in relation to berm area. Method of erosion control to be shown on grading plans not just included in note section. 6.Provide confirmation from site evaluator that the shifting of the drainfield sites on Lot 2, Block 2 and Lot 5, Block 3 are feasible. 7.Any comments members may have concerning future road connection to eastern properties now located further south within subdivision. Options of Action Denial. Approval subject to appropriate conditions setforth in original resolution granting approval pf preliminary plat (Exhibit A). Tabling upon resolve of issues already noted above and unable to be resolved at hearing. B. Conditional Dse Perniit/Variance for Land Alterations Proposed Within Designaged Wetland Pertinent Ordinances Section 10.03, Subd. 19 - Land alterations in excess of 100 cubic yards. Section 10.55, Subd. 8 - Filling and grading activities proposed within a designated wetland/flood plain of the City. Zoning File #1457 March 14, 1991 Page 7 of 8 As already noted in the earlier review per DNR classification, the wetland type is classified as a Type 6 and 7 and is not a DNR protected wetland. The proposed land alterations must be reviewed once again by the Minnehaha Creek Watershed District and the Corps of Engineers. It is staff's understanding that Mr. Carlson is working closely with the Corps seeking approval of the proposed filling and grading activities within the protected wetlands. Staff has no information as to the current status of those discussions. The Corps may issue a permit allowing 10,000 s.f. of a wetland to be filled under a national permitting system. Anything beyond the 10,000 s.f. area will require more formal review process by the Corps. Review Exhibits G and H, proposed trail. Maximum width at base = 16* Actual travelled trail = 8' As for the portion of the trail that intersects Outlet C, it is staff's understanding that this section is no longer proposed along with the west loop. Applicant proposes the filling of a bermlike area to achieve access to a dry island aj.ea located within the middle of the wetland. The proposed tennis court is no longer planned. The area is to be left in its original state and to merely be used as a hiking and picnic area. To be consistent with the earlier review and directions received from the Minnehaha Creek Watershed District, all fill placed below the 970 elevation will be compensated for by matching excavations above the 970 elevation. The question for members for this phase of the review is will you allow a bike trail system through the designated wetland. Is there a difference between approval of private road to achieve access to residential lots and a bike trail installed for the benefit of 12 residential land owners? How do members feel about the installation of the connecting berm to the island within Out lot C? As already noted above, the areas of the bike trail as they intersect residential lots must be excluded from the dry buildable area of each lot. How will the bike trail along the southern boundaries of Lots 1 and 2, Block 2 relate with the private driveway that serves Lot 2, Block 2? WouId you accept a less intense bike trail system within the wetlands area? Would you accept a less intense hiking trail at no more than a 4' width through this unique area? Options of Action Denial. Please refer to the necessary findings in Section 10.55 or tabling until the Corps of Engineers has determined the extent of the filling to allowed within the protected wetlands area. City to provide direction on the following; J Zoning File #1457 March 14, 1991 Page 8 of 8 1. 2. 3. Isv Position of Planning Commission concerning berm area providing link to island of land located within wetlands (Outlet C). Does Planning Commission approve a bike trail at proposed width? If so, extent of the trail system considered reasonable. Would members prefer more of a nature/hiking trail system — what would you limit the size or width of trail — how much of the wetland area will you allow to be encroached by this trail system? ■ \ A” * 1m--' City of OROINO cn^— OF ORONa RESOLUTION OF THE CITY COUNCIL NO. 2764 ________ A RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE PROPOSED INDIAN CREEK PLAT PILE NO. 1457 WHEREAS, Alan G, Carlson (hereinafter "the subdivider") on August 24, 1989 filed a formal subdivision application with the City for approval of a 17 lot residential plat of property legally described as follows: Exhibit A, attached (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. sec. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on September 18, 1989 and January 16, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to spea.K thereon; and WHEREAS, at their regular meeting held on March 12, 1990 the Orono City Council considered the amended subdivision application of 16 lots, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2.0 acres of contiguous dry buildable land within each newly created lot. 2. The subdivision as amended from the original 17 lot proposal finds that each lot meets or exceeds the 2.0 acre minimum dry contiguous lot area standards. 3. Each of the 16 lots meets the required lot width to the rear of the 50' front street setback line. 4. All of the 16 lots shall achieve access via a network of interior private roadways. No direct access onto Watertown Road will be allowed for an individual lot owner. 5. In his report dated January 8, 1990, Glenn Cook, City Engineer, found the revised 16 lot plat to be exceptable and recommended approval subject to final approval of the Watershed District. Page 1 of 7 V H h s . k 1 City of OFIOINO G^TY—- OF QRQNO RESOLUTION OF THE CITY COUNCIL NO. 2764 ________ The Minnehaha Creek Watershed District granted conditional permit approval (89~167) of the drainage^ grading and erosion control plans of the Indian Creek plat at their February 15, 1990 meeting. 7, In memos dated January 8, 1990 and March 7, 1990, Michael P. Gaffron, Assistant Planning & Zoning Administrator, confirmed that all 16 lots had been tested and found to have suitable areas for on-site septic development. 8. The proposed configuration and overall design of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB zoning district requiring no variances with the granting of the approval of this subdivision. Each lot can be developed as a residential unit without the need for future variances. 9. The Orono Council accepts the findings of the Planning Commission in approving a variance to Section 10.55, Subdivision 8 that would prohibit any land alterations within a defined protected wetland. The following findings were noted by the applicant and accepted by the Planning Commisson : A) Increased hardcover from a road 2-3 times longer would create more storm water run—off and environmental burden on surrounding land. The use of 1/2 acre of the wooded area will have less environmental impact on the surrounding area. In addition, applicant will provide replacement for further retention to off-set additional filling. B) Loss of major portions of trees if a peripheral road is constructed outside of the wetland areas. C) Major visual and aesthetic impact on adjacent properties to the east as there are no plantings to provide screening from roadway and the lower elevations along the east lot line. D) The nature of the wetlands has changed over the 30 years since it was originally designated as a protected area. Mature trees now occupy what was once classified as a marsh land. There is no obvious sign of flooding or retention of flood waters as a ditching system has dried out the area and allowed the trees to flourish. Page 2 of 7 City of ORONO rrCMY - OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2764_________ C.I subdivider is not asking for a redesignation of wetlands for building sites and septic development, only to be allowed to construct a roadway. F) The wetland area is not considered a protected DNR wetland and is classified as a Type 6/7 wetland referred to as a shrub and wooded swamp wetland. 10. The subdivider has provided future access corridors to the east and west and shall be responsible for developing the east corridor through the wetlands. The improvement shall consist of a 24' wide gravel road bed with ditches and a 16' wide paved surface per City's specifications. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves a variance to Section 10.55, Subdivision 8 and the preliminary plat of Indian Creek per plat survey dated most revised February 23, 1990 by Edward K. Sunde, a registered land surveyor under the laws of the State of Minnesota of Sunde Land Surveying, Inc., subject to the following conditions: 1. All access to the 16 lot plat must be via the interior plat road. No curb cuts for the proposed lots shall be approved off of the adjacent roadway. Vi 2. Prior to any land alterations for drainage or road purposes, the following septic sites must be staked with fencing. Such fencing to be installed 20' from the boundaries of each drainfield test site, as follows: Lot 1, Block 1 Lot 5, Block 1 Lot 1, Block 4 Lot 6, Block 4 Lot 7, Block 4 (septic site located in sw corner only) ■ 3. Subdivider to grant underlying road and utility easement over all private road outlots (Outlots A, D and E). 4. Outlot A shall be installed per engineering road plans dated 12/19/89, revised 1/9/90 for a 28' roadway with curb. Outlot D shall be installed by the subdivider through the wetlands area as a rural 24' wide gravel roadway with ditches and a 16' wide paved surface. Outlot B, the 16' wide private driveway serving Lots 1 and 2, Block 2 shall be installed as a roadway with ditch areas per that same plan. Paqe 3 of 7 1. City of ORONO enr OF V ORONa RESOLUTION OF THE CITY COUNCIL NO. 2764 _________ 5. Subdivider to grant Conservation and Flowage Easements over all wetland/f1ood plain areas defined at or below the 970' elevation. The subdivider shall also grant drainage easements over drainageways and storm sewers not located within right-of-way of road outlots. 6. Bituminous flumes will be required where water is to discharge into wetland areas. 7. Subdivider to execute private covenants for the shared cost and maintenance and upkeep of private road. The subdivider may wish to use the standard form used by the City for inclusion in the private covenants. In addition, the City will expect private covenants to address maintenance and protection of drainageways and retention areas by private property owners. Upon preliminary approval of the plat, the subdivider is to draft appropriate private covenants to be submitted to the City prior to the City granting approval of the final plat. 8. Subdivider to execute a drainfield covenant to be filed against the chain of title of each of the 16 lots within the plat in order to ensure future owner's knowledge and awareness of the special limitations on the septic capabilities of the rural lots and the need to protect existing septic test sites. The following addition shall be made to the covenant proposed by applicant. The following sentence is to be added between sentences 1 and 2: "In most cases, these are the only two feasible sites on each 1 ot, and must not be disturbed. The existing natural topsoi 1 must remain in place and must not be sub'ject to any traffic which will cause even the slightest compaction." 9. The subdivider shall maintain adequate erosion control (per approved plans most revised date February 23, 1990 by Gerald M. Sunde) throughout the construction of the road, drainage improvements and until all ground cover disturbed on the property is restored. 10. The developer to create easements in favor of the homeowners association over Lots 1, Block 1, and Lot 1, Block 4 for the purpose of maintenance and upkeep of the monuments. The City approves the monuments proposed on plans dated December 19, 1989, revised January 9, 1990 by Gerald M. Sunde entitled "Typical Monument Detail" that defines a 5 1/2’ high, 10 lineal feet in length, 3' wide monuments to be installed on each side of the entrance of the plat road. Page 4 of 7 City of OROIVO r,rChTY-r- I OF fORONOj RESOLUTION OF THE CITY COUNCIL NO. 2764________ 11. All final grading, drainage and road plans shall be done in accordance with the directivesof the Minnehaha Creek Watershed District permit and the final report of the City Engineer before any land alterations or construction can begin. The subdivider shall execute a developer's agreement that shall include all required improvements not completed by the filing of the final plat. The subdivider shall also provide a letter of credit to be written to the amount of 150% of the cost of all outstanding improvements to ensure their completion. The letter of credit must also be submitted prior to final plat approval by the City. The subdivider is hereby advised that building permits shall not be issued upon final plat approval until gravel road base has been approved by the City Engineer and required drainage ponds and controls have been installed and approved by the City Engineer. 12. The subdivider must submit an approval/permit from the Army Corp. of Engineers for proposed land alterations within a wetland/f lood" plain area. This permit approval must be submitted before any grading takes place on the property. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Edward H. Sunde of Sunde Land Surveying Inc., dated October 27, 1989, most recent revised date February 23, 1990. b) Dedication of "drainage and utility easements" 10 wide along all perimeter property lines and 5' each side of internal property lines - omit along the sides of the designated wetlands defined as drainage easements. c) Designate all wetland areas (areas at or below 970* elevation) as drainage easements. Page 5 of 7 II a i w- L ■ i IL City of OROIVO CITY- OF ORONO RESOLUTION OF THE CITY COUNCIL NO,^ 7 A 1 Z. / O ^ d) Designate all d: i-ownys and storm sewer as drainage easements on wn plat. e) Dedication of right-of-way for vratertown Road. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, documents affected by such interest.. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Executed drainage easements over all drainageways and storm sewer lines if applicable (see sampl withVn^flood^plain/we^^^^ area'be^low 970' elevation- (see sample enclosed). e) Signed and executed developer's agreement and letter of credit to cover all required improvements not completed by final plat approval (see sample of developer's agreement enclosed). f) Executed road and utilities easement over the private road outlots (Outlots A, D and E - sample enclosed). g) Private covenants in a form for ^to include division of ownership and ^®spons^bi 1ity for maintenance of the private road and drainage facilities (see sample covenant enclosed). h) Executed drainfield covenant prepared for filing against each lot to be amended per directives of Item 8 in conditions of approval. i) completed application for private road name. Subdivider shall have the choice of naming the roa with in Outlots A and D (see form attached). Page 6 of 7 I J City of OFiOiVO “cmc;:r . QF ORONa RESOLUTION OF THE CITY COUNCIL NO. 2764_________ C. FEES TO EE P.’MD: Total Due $300.00 a) Final plat fee = $150.00 b) Legal review and filing fees of $150.00 c) Park dedication fee per current schedule = 16 lots X $200,00/lot = $3/200.00 already paid by subdivider Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 1^^ day of March, 1990. Jamefe R. Grabek, wayor ATTHST: ~?7i. CTllin. City Clerk STATE OF NESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of March, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behal- of the City. ^ ' / Notar Ml My Cotom inn Page 7 of 7 INDIAN CREEK RESOLUTION =2764 1• ^ • • — ]/ ^OUTLOT C wxrzTI i I . I itiTH^^ -t........' • t ! ti\ s •«• ^»=rj=rw5;aft-~ , 0** ! N J~'^i ‘ *.«4^'"VW’^*ri f.........\ t [j^■»*oi^T^ , r • ^ ' -------------: : Q;. - -•^ 'C--.-» .-- , j V/ ?/V ^i#4; Jmswxm. \ ^ i.’ ••• • i ' u \ k« »<• OUTLOr • mm I. • 111•' //V' ’ ///■' o 'll.—i \ 1------f_\ V ■J . „' \i -yi' I 4 mmmrm^ n V* j-r'-U ^4 if!? 1 /'• V, I .'- Sa#-flOM*« UlQl.' ■ .'L..L.y «••<•«««« rmnm. mm m «»•»%•»• |,*»«.»k» »« 4t ___________MM ■••«■> t»* i • •«• (Mf •« • la.M* M. f». • •• • MMMIMM W l HVtM IM I M • -t # • • •iM •/ m _ IA»T ^AT or •momm CirCCH ro« mm ac AN CAlKtOW MERCHANT & GOULD Mcrchun!. Gould. Smith. Edell. Welter A Schmidt ProJ>'‘*ioRai Ajj*ocuuoii Pater.’.. Tra'i^ riurk & Copvn/hi Lauyer^j 3100 Norwe*i C»*nter IM) South Seventh Street Minr.papoii5. .Minne>ota U.S.A. 35402 4i;U Telex 200393 .M&G Mp» 2. 332 3300 February 11, 1991 Direct ilia):336-4633 -John D lluuid Phillip H .'^miih Robert T Edeil Paul A. Weller Cecil C. Scnmuil John S. Sumner? Alan G Carl?'»n Micheai L Schweitman E.xrl D. ReiUnd Ravmond Boeucki Charie* E. Guila D'mi:ia* J. Williarr.' Albert L. I’nderhill Randall Kin?: Micnaei B. La?K> Curtis B Hamre Michael D Schumann .Michael L. .Mau John A. Clifford ilark J. DiPietro Steven Vi*. Lundber*: Warren D. Woes.<ner Timothv R C*»nrad David G Johnson Man W. Kowalchvk Micnaei S. .Sherrdl Daniel W’ McDonald R. Carl Muy Ronert C. Freed Daniel J. Klalh Wrnuy M. McDonald Linda M. B>rne Mark D. Schuman Randall Hiiison John P Sumner Brian H. Batrli David K. Tellekson Haliie A. Finucane John j Gr»*'en.i Steven J. Keouich Paul E. Lacy John L. Knoble Michelle M. Michel Philip P. Ca»per< Gfe»;ory A. Sebald Jane H. Arreu A James Nelson Robert C Beck (Jeorife H. Gates Grecory M. Taylor Kristine M. Strodthoff Thoma.- E. Jurj;en.'en Steven C. Brues* Joel A. Rolhfus Mark A. Kruil ^ Kevin W Raa.?ch Karl G. Schwappach* Matthew J. Guir)rin \ntnny Mundeliu.s Mark I iir'bhardt ‘Admitted in Illinoia Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Indian Creek (Now Crystal Creek) Subdivision p£0 i Z 199^ Dear Jeanne: Thank you for meeting with me on Friday to discuss the Crystal Creek subdivision plat. I am writing to summarize the discussion. As you know, we have been working together on this project since the summer of 1989. I devoted a great amount of my time and financial resources to the project to make it the best it can be and befitting the City of Orono. Together, we carried this through a number of meetings of the Planning Commission and on to a preliminary plat approval by the Orono City Council in March of 1990. I think everyone is proud of the final product. I would like to thank you and your staff for your skillful, professional assistance. As we were designing the plat, we knew that it required a variance from Orono and the Minnehaha Watershed District, as well as a permit from the Army Corps of Engineers, since we placed the UiiuieipoUs flilU Pnl Im Angeles u Jeanne A. Mabusth February 11, 1991 Page 2 northerly part of the road in what is now a treed area, but was designed a wetland approximately 30 years ago. As you know, both the Watershed District and the Corps required that we obtain Orono Council approval of the plat before they would consider the project and decide whether to issue the variance and permit. Thus, we first obtained plat approval from Orono. After we obtained Council approval, the Watershed District granted their variance, but the Corps, after months of meetings, refused to issue the permit for the northerly portion of the road. If you will recall, we placed the road in the former wetland area in order to access the northerly four lots of this 16 lot subdivision. Among the reasons that caused Orono to grant the variance for that road placement was that if the road were constructed on the only other access to the northerly four lots, through Lots 6 and 7 of Block 2, there would be a "loss of major portions of [maple] trees". Furthermore, not only would these important maple trees be lost, but Lot 6 would be impaired and Lot 7 would be totally lost since its septic fields are located where the road would have to be placed. Therefore, the northerly four lots could not be realistically accessed except through the former wetland area as per the plat. Since, as the Orono Council found, "(t]he nature of the wetlands has changed over the 30 years since it was originally designated as a protected area ..." and "[mjature trees now occupy what was once classified as a marsh land ..." with "no obvious sign of flooding or retention of flood waters . . .", a variance was granted to permit the road in the former wetland in order to access those northerly four lots. As I said, the Minnehaha Creek Watershed District granted a permit as well. As you know, the reasoning of Orono and the Watershed was thoroughly discussed with the Corps. They understood why the other government bodies granted their variances and seemed to accept their findings as justified. We asked the Corps to grant their permit on the s£une basis. However, they refused, their justification being that the northerly portion might be accessed at some time in the future through some other property not now owned by me. Given their decision, my alternatives are to either litigate with the Corps or accept their decision that the northerly 4 lots cannot be accessed at this time. I have no economically realistic choice but to ac ept their position. Therefore, I am willing to modify the plat to make the northerly 4 lots an it Jeanne A. Mabusch February 11, 1991 Page 3 exception to the development. These lots will be developed only if, and when, I obtain a road access to that land, and I am willing to have the plat and Resolution so provide. Since I have already paid the park dedication fee for those lots, I only ask that, when I develop those lots, I not have to pay an additional park dedication fee. I can accept the Corps' decision by making a simple modification to the approved plat to creare an exception. I am enclosing a marked-up copy of the original plat showing the exception of the northerly four lots. This copy is per our discussion on Friday. As you can see, the plat is now limited to 12 lots. At the meeti.ng on Friday, you requested some minor changes; I am willing to work with you to accomplish Orono's objectives. Furthermore, as I told you on Friday, I am willing to use land in the excepted northerly portion to add features to the 12 lot subdivision. Specifically, I have asked the Corps to approve recreational paths and a community center in the northerly portion of the property which I will give to the 12 lot subdivision. I will let you know if they approve those features. I am disappointed with only being able to develop 12 lots with no assurances that the other land will be developed. I am also disappointed that those four lots may not be able to be a part of the Crystal Creek area with access through the Crystal Creek road. But I have no choice. I trust that we can complete this plat with as little delay as possible. I am in the process of having my engineer modify the plat, and we are incorporating your suggestions. This has been a long and arduous task, but we have finally reached the end. I would like to thank you again for the excellent assistance of the Orono staff. Very truly yours, (MM'J Alan G. Carlson AGC:Imb Enclosure .YAtr.'i II (.I*-.*!—- as > i;* [- )'1 \'- '' i 1* [■■■ •• b • 1 11 ♦ -'I -K , - ^ 'V* "' •'‘ i ''\ O ^ \ ....— •'* it- •■ \ \ I ^f'\ ^ I ’- ‘ I *'*•** . ..................— ' • **■.,' I */ j * A / w. -i.-/ V V' )t •• »•“•*•• »*—• •••••••— * IJ.-a4.vk** -« -.'1 si -.— *i‘» fiVii:'^^■•^^ .-^\ \': l|!!t’-j-j --I *\ _ ‘i * / ^v?..'IM.V;*: PIj " ta i _ 1: i'P'.vt :i| (Ci'P" pWv^UiPJ) yr ' VcA • /'I * - II .•' •». ^7P\\ C-' / YL //>.; I!;"j t* ->/• It* ^ \ *T- Mt«■■— ••• • » •. '••• »■•«■• (<*•«• »»••• !»• f • t*.|l« tl. • '••*• •-—-<-•*♦ «>«••..«•» *-»l«l • I Pit« r«^ #•«'••« x*»«il iMtal IM •« • •*• ••>•««• »«• ">• I- > •* ••II* Ilia*. •»•* 4a«« »*<« *• . • I '•altl'f aK«il • l«M (••Ilf » *11 *.•«•'•»-•#Ip« ai»«il Wa «• #!••• Mi»a. «< all* l••m9 ^m»m . Mvlat —t a All >i<aaHai>»4 •••«# «>al«li a ••.all •«•#•••• •**"• •••ala Ml. M_a, .-a a»**a4 ••••!•• • «••«• (•••laa** p«a«l * »•! •-(•• ••••••<4 r»»» laa« • •» ■• a »•■*•••• -a«Ha • laaa I ••• .i» aa I a • • fpaiia ■••? !• •••«• ». ••• • l•a.«a»• •■•••tt^a *-? *» . I , ntSSTeTTTSXM i '\ aa t 14 iM I <0% ft mt ^ 0 t «ni«« *M I % «*M«« *•« m 9^ t • ms00 4 liars, f « • •4aMB « * »•*« • •*ai% ••« . •• t fi I >1 Ml*•«« 9* l»«a • a a. a- •■■£ - -.-■ ^ ,v.; ■:•*, . Uf•,' . '.ii . p-'i1 I'w- • .'•i- ■•‘i ■ •V •. It- • r- i .'i- M Bones troo Rosene Anderlik & Associates Orro G Bor«irxi PE Sbocft W »csfre. PE Jcieoh C. AnaeftMc P£ V^rvsr L. Scr^aiJ. P£ Rtcnaia 6 Tomer. PE Gfrn P Cooif. PE Thomii E Ntoy^ P£ toOfrt G- ScruT<nr. PE Suwn M £bcfiJ\ C PyA Engineers & Architects KW A QcfXKr. PE Pcrara '.V Fosirr. PE Conoid C Su/i^A-OL PE .rry A Bcorrsn »E -Marn A Mamon PE Tfd< PE M<^afi T” Rauv!^ar»n PF ?oC«fT P Pfpffehe PE O LotAOca PE Thomas W Pffpfson PE M<hae< C l/rxh P£ James R .Matand PE KirtPffri P Arversop P Marx P Pc/*! PE RoCert C Pusse*. ^ i A Thcmji E Argui PE Howan3 A SarAsra PE j E'J<jffrnn P£ Ma^x A Srn • E Ph*i*o j Cas^4 PE ismae* Ma'tirva. PE Marx D aauiv pe Thomas P Anoef^. a Gary F ffyiandrf. PE M*Jes 8 Jensen. PE. L. PniN^ Gavei ui. PE. Rene C Pkjman. A»A Agnes V Png A iC P yeffy D Per^'h PE Cfc xj <»E aoDen R Dwoww pe Gary W Moren PE Charles a E.Kxson Leo M PaAe«5icy Hanan M Ouon March 11, 1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Jeanne Mabusth Re: Crystal Creek FUeNo. 139-1457 Dear Jeanne: We have reviewed the revised Cr^'stal Creek Preliminary plan submitted on the Alan Carlson property. The private street (Outlot A) should be terminated in a cul-d-sac. This would be temporary and used until the property to the east is developed. The flooding and drainage easements should be shown on Outlot D. The construction of a flood control structure on Outlot C will be required. The drainage swale along the west line of lots 1 and 2 will be necessary. An easement over the 15" culvert on Lot 1 Block 2 and Lot 5 Block 3 will be required. The plan should indicate which typical section is to be used where on the street. I'he proposed monument location should be shown on the plan. The street plans and profile sheet should be completed. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:dh 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 -yiicrr^: To;Jeanne A. Mabusth, Building & Zoning Administrator Prom: Michael P. Gaffron, Asst Planning & Zoning Administrator Date:March 13, 1991 Subject: Crystal Creek Subdi/ision - Version #9 (3/12/91) I have reviewed the revised subdivision and grading plan, and would make the following comments; Lot 1, Block 1 - At the northwest corner, the plan now shows a swale along the north and west lot lines. This swale does not appear to continue far enough towards Watertown Road to divert water away from the Senn drainfield sites. This needs to be rectified. During construction of this swale, the northwest drainfield site must be protected by fencing. At the south end, a berm located approximately 20' north of the fence line appears to be proposed. While the grading lines do not touch' the drainfield site, this site must also be fenced and protected from grading traffic during construction of the berms and the private road. I am not sure why the berm is necessary given the already existing road bank, and the mere fact that the berms are proposed creates potential for disruption of the drainfield site. Lot 2, Block 1 - Only one of the two previously proposed drainfield sites is shown. I presume this is an oversight. The second site must be added to the map. Both sites need to be protected from any construction traffic that is involved in removal of the existing driveway. Lot 3, Block 1 - Drainfield sites are shown exactly as previously, and should pose not problems for locating a house on the property. Lot 4f Block 1 - Drainfield sites are still shown at the base of the hill, and are above the 970* floodplain contour. Because applicant's field work resulted in redefinition of the 970' contour line between versions #6 and #7, both sites are suitable for sewage treatment systems with no hazard of flooding. Lot 5r Block 1 - The same comments apply here as for Lot 4, Bl-^ck 1. I would note that this grading plan shows a berm and •» Iv' rt as a flood control measure just upstream from the tltajinfield sites as had been previously discussed. This should provide additional protection of these mound sites. Lot 1, Block 2 (was Lot 6, Block 4) - The south end of these sites should be fenced off to protect them from damage during road construction. UM. WWf ' 1 Crystal Creek Subdivision March 13/ 1991 Page 2 of 3 - Version #9 (3/12/91) Lot 2, Block 2 (was Lot 1, Block 4) - These drainfield sites have been shifted westward to accommodate the 50' future road right-of-way at the east end of the lot. Documentation must be provided from the site evaluator indicating that this shift is feasible. Lot 1/ Block 3 - A significant berm is proposed adjacent to the south end of the southwesterly site. This site must be fenced off during road and berm construction to guarantee no traffic over it. Lot 2, Block 3 - No changes from previous information. The sites are suitably located and at the east end of the lot. Lot 3, Block 3 - No change from previous plans. The drainfield sites are fairly close to the walkout side of the house/ so placement of the house closer to the road would be beneficial from a septic standpoint. Note that because there will be swale construction through this lot/ the drainfield sites should be protected from extraneous traffic. Lot 4» Block 3 - No change from previous plans. Grading of the swale must not allow traffic uphill into the mound sites. Lot 5, Block 3 - Drainfield sites have been shifted to the south and southeast to accommodate the relocated roadway. Documentation must be submitted from the site evaluator indicating that the relocation is feasible. These sites should be fenced off to protect them from road construction on the north and swale construction on the east. Review of Walking Trails/Bike Trails - The trail system proposed in the north half of the property will for the most part have no impact on drainfield sites. If there is a trail connection between the end of the private road to be constructed and the east side of Lot 2, Block 2, along the south lot line/ that bike trail will be fairly close to the drainfield sites on that lot. Depending on the width and construction of the bike path/ this might or might not be a problem. In the northeast end of the property/ in what used to be Lot 1, Block 3 in version #7/ the drainfield sites need to hug the east lot line at the top of the hill. A bike path adjacent to the lot line in this area would have a negative effect on those sites and should be rerouted to miss tho>e sites if a bike trail in that area is developed. F <■ • ' i'. Crystal Creek Subdivision March 13, 1991 Page 3 of 3 - Version #9 (3/12/91) General Comments, Re: Septic Systems - Each proposed lot contains approved primary and alternate drainfield sites. All sites require mound systems due to soil conditions. Because road construction and swale construction will allow grading traffic over a wide ranging area of this property, and because in many cases thv two drainfield sites shown are the only available sites for a given lot, it is critical that those sites be protected during road and swale/berm construction. Where drainfield sites are relatively near actual grading areas, fencing should surround those sites. Where sites are remote from any anticipated construction activity, minimal fencing (i.e. posts and rope) may suffice. These protected measures should remain until all grading work on the property is complete. In addition to the documentation needed for the relocated drainfield sites on Lot 2, Block 2 and Lot 5, Block 3, a review of the septic information submitted by S-P Testing and a review of versions #1-8 of the site and grading plans reveals that although percolation/boring hole locations have been shown, they have not been numbered so it is impossible to known which hole is which on each lot. This information is necessary and should be provided by S-P Testing or shown on a copy of the plat drawings. CITY OP ORONO ” GENERAL LAND OSS APPLI PROPERTY LOCATION Site Address m rrry -r fj/jf-Mi%, A t i ui u i ^ ■- T— < Property Identification Number (P.I.D.) - * X • • • • f. k'k I W»V ♦f9 I ' ? . iJs.'J. vx*t M• w J90.-;0 TOr* .V^ 4 . V • «< V f ■-* Please attach legal description to application if not included on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _Qy/2i/}t Ti u tl ii' / * *"^tA f vu V*V U-V»Vi APPLICANT Name Si/»w Address Phone (home) ^*7^ ~ _ _ _ Phone (work) ^ ~^(p _ _ _ _ Zip 5~SiS~^ OWNER (if different than applicant) ^ Phone (home) Name kin-r^l jd^<^ Phone -- - - - - - -- Address S^^nJL City_Zip Date Property Acquired t > ' !- - - - - - -- - (month/year) I (do) <gono^also own the adjacent parcels _ _ _ _ pees - CONDITIONAL DSE 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 Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Tndustrial Use $200.00 Land Alteration Vi Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more lakeshore Grading, seawall, retaining wails within 75 of lakeshore PRD/PID - see fee schedule OraST. APPLICATIONS $200.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) $100.00 Appeals Other - see fee schedule $250.00 $175.00 $ 50.00 $250.00 • I i PRESENT OSE OP PROPERTY Present Zoning District Present Use of Property Uir Residential Ctner (specify) DESCRIPTION OP REQUEST Describe request in detail:(1) 0=^ ocr^ t $//A'^o A^»y3/7(^ ¥ 2. RBQITIRBD SUBMITTALS 1, Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). 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 separata list of any other persons you wish notified of this application. 3. 4. 5. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17• OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this app 1 ica,tion. 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 (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that che information supplied is true and correct to the best pf h^s/^e^ knowledge. Applicant’s signature Date OmiERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, end Council members for purposes of investigation and ver^ication o^^is request. ■- DateDwner's signature ^plicant must have all submittals into the City offices 25 days before the Planning 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 an applicant is mable to attend a scheduled meeting, please make arrangements to have an luthorized agent attend in your place and advise the Building 6 Zoning }ffice of this change prior to the meeting. L ■ RUN DATE 06/25/89 DATCH 004 PROP AOOR Ol'tlER NAME TAXPAYER NAME/ADOR PROP ADOR OiiNER NAME TAXPAYER NAHE/ADDR PROP ADOR OIIIER NAME TAXPAYER NAHE/ADDR PROP ADOR O^t^ER NAME TAXPAYER NAHE/ADDR PROP ADOR Cmtn NAHE TAXPAYER NAHE/ADDR PROP ADDR OltlER NAME TAXPAYER NAHE/ADDR 38 04-117-23 22 0003 03195 HATERT»W RO 0 E MERZ A D F MERZ DOUGLAS E I DIM4E F HERZ 3195 HATERTOilN RD LONG LAKE MN 55356 38 04-117-23 22 0016 00060 CYGNET PL RICHARD J DUNLAP ALAN SLONIM 60 CYGt4ET PLACE LONG LAKE MN 55356 38 04-117-23 22 0027 EST OF LAURA FERRELL HARD P FERRELL 3405 MATERT0H4 RD LOr« LAKE HN 55356 38 05-117-23 11 0005 00095 LEAF ST E C GRAHAM JR ETAL E C GRAHAM JR 95 LEAF ST LOTJG LAKE HN 55356 38 32-118-23 44 0001 03220 NATERTOW RD CAROL L SENT4 CAROL L SENN 940 S BROIt4 ROAD HAYZATA m 55391 38 33-118-23 23 0002 03025 HAYZATA DLVO ROBERT E A KATHRYN DUKAS ROBERT E t KATHRYN DUHAS 3025 HAYZATA BLVO LONG LAKE HN 55356 HENNEPIN COUtTTY PROPERTY INFOnMATION SYSTEM PROPERTY OMT4ERS LIST 38 04-117-23 22 0007 00025 CYGJJET PL JOSEPH S A AMI L FISCHER JOSEPH S A AMI L FISCHER 25 CYGNET PLACE LOtKJ LAKE MN 55356 38 04-117-23 22 0017 00080 CYGNET PL P A A VITKO PAUL A A AMI L VITKO 80 CYGNET PLACE LONG LAKE MN 55356 38 04-117-23 22 0028 03045 HATERTOW RO BRUCE C A KATHRYN S HALL BRUCE C A KATHRYN S HALL 3045 HATr.RTOF04 RD OROtK) MN 55356 38 32-118-23 14 0002 03245 HAYZATA BLVD H F EISir«5ER ETAL HOJiARD F El SINGER 3245 HAYZATA BLVD LOTK; LAKE m 55356 38 32-118-23 44 0002 03280 HATERTOW RD 0 A It HART DOUGLAS H HART 3280 HATERTOMTT ROAD LOtK? LAKE rtr 55356 38 33-118-23 31 0002 00365 OLD CRYSTAL BAY RD N GEORGE E JOHNSOFi ETAL GEORGE E JOHNSOFi 365 OLD CRYSTAL BAY RD LONG LAKE m 55356 REPORT rK). PI435401 PAGE 12 38 04-117-23 22 0008 00065 CYGNET PL DIANE L KOEPKE DIAr^E L KOEPKE 65 CYGrmT PLACE LONG LAKE m 55356 38 04-117-23 22 0024 00020 CYGF4ET PL T A C SMIEJA THOMAS A CHRISTIFIA SMIEJA P O BOX 71 LONG LAKE F»4 55356 38 05-117-23 11 0001 03245 NATERTOMN RO C A A RHAME CARL P RHANE 3245 HAFERrOHN ROAD LOr^G LAKE MN 55356 38 32-118-23 41 0001 00038 ADDRESS UNASSIGNED PAUL A STUBBS LYNDON STUimS 185 OLD CRYSTAL BAY RO LOf4G LAKE Ft4 55356 rynais? 38 32-118-23 44 0003 03280 HATERTOHN RD DAM HART DOUGLAS H HART 3280 HATERTOHN ROAD LONG LAKE tiN 55356 38 33-118-23 31 0004 00315 OLD CRYSTAL BAY RO ASA ENGLEHAN ALLAN J ErXSLEHAN 315 OLD CRYSTAL BAY RD LW46 LAKE HN 55356 vv_ RUN DATE 06/2S/89 BATCH 00<4 PROP ADDR ONNER NAME TAXPAYER NAHE/AODR PROP ADDR OmER NAME TAXPAYER NAHE/ADDR PROP ADDR 0(t4ER NAHE TAXPAYER NAHE/ADDR HENTIEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHT4ERS LIST 38 33-118-23 31 0005 00285 OLD CRYSTAL BAY RD N MAT HRIGHT ETAL H/L EST THELMA A HRIGHT 205 N OLD CRYSTAL DAY RO LONG LAKE MN 55356 30 33-110-23 32 0001 03190 HATERT0H^4 RO H J PANUSKA ETAL OR HAROLD J PAr4USKA 670 SOUTHDALE MED BLDG EDINA m 55935 38 33-110-23 39 0002 00115 OLD CRYSTAL BAY RD VERNICE LILLIAN WHITE VCRNICE L WHITE 115 OLD CRYSTAL BAY RD H LONG LAKE MN 55356 38 33-110-23 31 0007 00225 OLD CRYSTAL BAY RD S K GOLDSMITH A L D SCHWIE S K GOLDSMITH A L D SCHWIE 1017 EAST WAYZATA BLVD WAYZATA MN 55391 38 33-118-25 33 0001 03020 WATERTOWN RO R A STUBBS ETAL R A STUBBS 3020 WATERTOWN RO LO W LAKE M4 55356 TOIAL BATCH 009 00025 REPORT NO. PI935401 PAGE 13 38 33-118-23 31 0011 00265 OLD CRYSTAL BAY RO N AGNES HEir4ZEN ET AL W/L EST SCOTT K GOLDSMITH 1017 WAYZATA BLVD WAYZATA MT4 55391 38 33-110-23 39 0001 00105 OLD CRYSfAL BAY RD N L S STUBBS ETAL LYDON SHERWOOD STUBBS 185 OLD CRYSTAL BAY RD N LONG LAKE tt4 55356 E I • i I *> >'V '7 k ■ • I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErt4EPIN C0Lt4TY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KT40WLEDGE A44D BELIEF. - { . DATE c by * Iw fpLOvr~ - i^. y K9B i6 I Q p' i; proposed POND PROXIMATE [LOCATION F EXISTING i:»" CMP. 5J rf «0’C> .■? 7S'89r50'e^. 8b?) / \X977.0 I I IVERT @ INL ET = 975.4 INSTALL 15"RCP CULVERT AND TWO CATCH BASINS. CATCH BASIN FRAME AND GRATE SHALL BE NEENAH R-3Q67-V OR EQUIVALENT " od ' ' /' - 0._. yS ^ . I j 3' • /X » .^7 237 361/ 2 4.MAP T. lie R. 23 S.33 APPROXIMAT EXISTING 15 fe^.. e N ^9 M RIPRAP OUTLET *> //e.»-ri4.frv* 'X-■fl iri LTO vv/ :,JB csif^i . •stvHsfe -< -J66 f. H969 SKIMMER STRUCTURE CULVERT ~i / / > / 7 ✓ - frrf* - - V— • - *• *L~— ' .« *L>cg79 \ 0RA'N^‘ /' \' /'K' \ ; 45 5.0 e PARALLEL WITH THE SOUTH LINE OF THE SW 1/4 OF SEC. 33 To;Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Prom: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: March 11, 1991 #1621 Terry & Jonell Johnson, 1045 Linden Lane Variance - Continuation of Public Hearing List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Revised Site Plan Revised Hardcover Review & Summary Plan "C" Floor Plans & Elevations Planning Commission Action Notice 2/22/91 Memo S Exhibits of 2/13/91 Discussion - The applicants have revised their plan, and have provided a new plan, "Plan C". This plan exhibits the following changes from earlier plans A & B: 1, No new enclosed space in 0-75' zone (but there is a proposed roofed portico extending lakeward from the house). 2. First story deck extended to full length of house. 3. Second story decks added 4. Deck added behind garage (NEEDS SIDE SETBACK VARIANCE OF 2'). 5. Room additions to east of existing house wall, two stories high. 6, Driveway plan same as staff had indicated previously. 7. Remove detached garage and gravel parking area in 250 500' zone. The new plan provides a slightly smaller decrease in 0-75' hardcover, and a slight increase in 75-250' hardcover over previous plans, but removes the detached garage and parking area in the 250-500' zone. Overall, the hardcover increases from an existing 21.9% of the ^ntire lot to 25.2% of the entire lot. Hardcover percentages are summarized below (also see Exhibit B, which indicates the structural/non-structural breakdown); a.. i I - a ‘ l*an,r r-r-i -‘la* r.m 'TFTli Zoning File #1621 March 11, 1991 Page 2 of 2 0-75’ 75-250* 250-500' Entire Lot Existing 8.9% 22.1% 76.1% 21.9% Plan A Plan B Plan C Allowed 0.1% 38.9% 61.7% 28.4% 7.0% 38.9% 61.7% 28.0% 7.1% 40.6% 23.3% 25.2% 0% 25% 30% 15.2% In the 0-75’ zone, the applicants are extending the B’ wide deck the entire length of the house, and, to break up the lakesnore wall of the house, proposing to install a 10’x8’ portico roofed at the second story (see elevation views). While applicants would likely agree to resolution language that prohibits enclosure of this portico/porch, its intent and function is still to be as structural detail in the 0-75’ zone. The additional deck behind the garage and the room expansions eastward from the existing house both yield an increase in 75-250’ hardcover. Applicants have stated to staff that if the attached garage addition is approved, they could remove the existing detached garage and gravel parking area, yielding a significant hardcover decrease in the 250-500’ zone. The new plan exhibits no change in the previously proposed driveway or sidewalk layout. In reviewing this application, Planning Commission may wish to consider the following issues; - Is the portico with roof and pillars in the 0-75’ zone necessary for aesthetic purposes, and does that justify granting of a variance? - Can some of the deck area in the 0-75’ zone be eliminated? - How necessary is the 75-250’ deck behind the garage? - Is there any hardship *o grant a 2* side setback variance for that deck? - Is the removal of the detached garage and parking areas a reasonable tradeoff foir the hardcover additions in the 250- 500’ zone? Staff Recoanendation - If Planning Commi- %.... finds that sufficient justification exists to recommend app"r< v^» of Plan C, then a recommendation for approval would be app:v.priate. If Planning Commission so desires, approval could be conditioned on elimination of specific aspects of Plan C. If Planning Commission feels that Plan C is not appropriate and can ’t be easily revised to meet Planning Commission ’s goals for this property, then a recommendation for denial or a tabling of the application would be in order. It the request is tabled. 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H4'> it M I—aim AM III ■ 1A IpTi <i ■ Ii< !■ <1 1ii4 ■ A ■ I I ~ I................. ...•.*««»• ••*4^ 4»«M «^.«« « «% .«»4. . . ;.•■.■ rt~.-.-._..':...II * 1 ■ 1. * -a.**.,. ^4 ✓ . -■ # t . i - • w -t . • j •*•»- # •. -% ,. -K.». ., .... ^ 0 • ♦•• A «M • . «• 4 % - « f • '.••'.*.r .▼* I • .• %,^^€ f.imxjm., rnm0 Tw- • f •% - A . ’ • . :i*r: ^ ». •—' ..%•••••» ♦** ■? ^ .’. iw» : - I » .r * *l • . • - • • • ..... • . ». *4 ^ .*■ •• .. « . . 4% U ' ■■im ■■■■......................................................••• • ■_• ..>‘ -v LA»-VV-n-'...•>.•.• -.•.■. — ' -------------- ~— IA^t»l4«4^V-:y«r<rcH>cfA4^gArAg:^.4i--WM .jg-mtMraaKTt. w.u4t ~ •.*.•j4**' ‘ ?i.v-H ->k:jsjnfi irut'2. v> r.ik, t w ZONING PILE NO. 1621 CITY OP ORONO NOTICE OP PLANNING COMMISSION ACTION crystal*sty, MN 55323 473-7357 ^ _ _ _ _ _Notice: 2/22/91_ TOj Terry & Jonell Johnson COPIES TO; 1045 Linden Lane Mound, MN 55364 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TYPE OP APPLICATION; Variance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DAm'oF tOBTJIiGz 2/19/91 VOTE: 6 For 0 Against Planning Co«mission recomiiiends the following; Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission advised applicants to submit a revised proposal excluding any additions in the 0-75* zone which are not above .he existxng house footprint, and to minimize hardcover to the greatest ex.ent possible. Aoolicants* next scheduled meeting is dependent upon receipt of additl^onll information. Deadline for the March 18th meeting is March 8, 1991. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk alter review and approval by the Planning Commission. ■y • ■■■■■ .I v ■< I M bMb ■ k- i ’ V.rS t To:Planning Commission Chairman Kelley Orono Planning Commission Members From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: February 13, 1991 #1621 Terry and Jonell Johnson Variance - Public Hearing - 1045 Linder. Lane - Zoning District - LP.-IB, Single family lakeshore residential, 1 acre, sewered Application - Requesting hardcover and lakeshore setback variances for proposed structural additions and driveway relocation. LJ.8t of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Plat Map Property Owners List Survey Preferred Site Plan and Building Plans (Plan A) Alternate Site Plan and Building Plans (Plan B) Staff Sketch, Lot Coverage/Driveway Concept Hardcover Calculations, Existing & Proposed Average Setback Sketch Pertinent Pacts - 1.Applicants propose the following additions to the existing residence: a. Add second story over entire house. b.Extend room additions toward lake (two proposals submitted). c.Construct a two-stall attached garage with living space above. 2.A portion of the second story addition and all of the extension towards the lake will be located in the 0-75' setback zone. A portion of the existing house and all of the existing 8' wide deck is in the 0-75' zone. Setback information for this property is summarized below: I/O 'J ' o i Aa.r.'KA. A.*rw FT" ; . Zoning File #1621 February 13, 1991 Page 2 Lol" area Setbacks; 27,350 = 0.63 acres Existina ProDosed Required Variance N. Side S. Side Lake HS;70' 13' 26' Deck:61' Street E. Corner Avg. Lkshr. Stbk. 200' 36' No Encroachment 13' 10.5' (A) : 56' (B) ; 61' 170' 10.0' * 10' 10' 75'(A) 19' (B) 14' 35' 10' * * See Item 4 below 3.Existing lot coverage by structures is 8.6%. In either proposed Plans A or B, lot coverage will be less than 13%, meeting City requirements. 4.Because this property is on a concave shoreline, the average lakeshore setback works favorably for the proposed additions. Also, because the Prass property to the immediate south has no existing residence, staff estimated the probable location of that future house meeting the 75' lakeshore setback, and that location yielded no need for an average setback variance for Johnson. 5. . Hardcover on the property is summarized in the following table: Zone HARDCOVER SUMMARY Zone Area Existing HC Proposed HC Allowed 0-75'11,220 996 s.f./8.9%(A) 904 s.f./8.1% (B) 784 s.f./7.0% 0 s.f./0% 75-250'13,470 2983 S.f./22.1%5235 s.f./38.9%3368 s.f./25% 250-500'2,660 20?;s.f./76.1%1640 s.f./61.7%798 s.f./30% Entire Lot 27,350 6003 s.f./21.9%(A) 7779 s.f./28.4% (B) 7659 s.f./28.0% 4166 s.f./15.2% Please refer to Exhibits H-4, H-5 and H-6 regarding the breakdown between structural and non —structural hardcover. Planning Commission and applicant are advised that on February 11, 1991, the City Council unanimously adopt 1 a clarification of policy regarding hardcover. The Council's intent is to no longer consider rock/plastic landscape areas in the 0-75' zone as "tradeable" hardcover in the 0-75' I n fi t Zoning Pile #1621 February 13, 1991 Page 3 zone. Their intent is that all such hardcover be eliminated, and not considered during variance reviews. It is not clear whether Council also intends that other 0-75' non-structural items (concrete or block patios, sidewalks, etc.) are to be included in this policy. 6. A summary of the requested variances: a. Lakeshore setback variance of 19* (Plan A). b.Lakeshore setback variance of 14' (Plan B). c.Hardcover variances in 0-75', 75'250', and 250-500' zones. Discussion The applicants purchased this property last fall, and are proposing major renovation and additions to the existing one- story house. Also, they propose to construct an attached garage, necessitating construction of a new driveway to the residence. A.Setbacks Because a portion of the existing residence is in the 0-75' zone, any additions upward or lakeward from the existing house cannot be allowed unless a setback variance is granted. The proposed garage addition and the existing house both meet street and side setback requirements. Because there is no residence on the Prass property, staff estimated the possible future location for that house. The concavity of the shoreline and the location of the house to the north, indicate that Johnson's proposed additions could be behind a future average setback line. The neighboring residence to the north was built in 1983, replacing a house formerly in the 0-75' zone. This residence was constructed with on angled wall to meet the 75' lakeshore setback requirement. To the south, the Prass residence, when it is built, will ha\e to meet the minimum 75' setback requirement. Immediately south of Prass, a new residence constructed in 1989 was required tc meet the 75' setback requirement. The only difference between Johnson's proposal and those projects is that Johnson apparently intends to build on the existing structure rather than removing it and starting over. (Applicant should verify this). Ike- m Zoning File #1621 February 13, 1991 Page 4 B.Hardcover Although applicant did not ^ubmit a specific driveway proposal, he had discussed with staff the intent for a single driveway and backup apron to serve the proposed two-stall attached garage. Staff has sketched and determined the area of a driveway which could feasibly serve the property. (See Exhibit G) . Both Planning Commission and Council in the last few years have discussed the issue of structural hardcover versus non- structural hardcover. While the current Code definition of hardcover does not differentiate between structural and non- structural hardcover, the City Council clearly is heading in the direction that non-structural hardcover in the 0-75' zone is not a reasonable trade-off for increasing structural hardcover in that zone. While both of applicants proposals yield a slight hardcover decrease in the 0-75' zone, both proposals would result in a significant increase in the 75-250' zone. Overall, even if the existing detached garage and its apron are removed, it appears questionable whether the driveway could be narrowed and other surface-functional hardcover decreased to yield no net increase in hardcover on the entire property. There is absolutely no way to meet the Code hardcover allowances if an attached garage is proposed. Lot area is approximately 0.63 acre in a 1.0 acre zone. C. Option A vs. Option B Regarding the two options presented, applicant initially proposed Plan A in discussions with staff. After those discussions, applicant chose to submit a plan which showed room additions extending no further lakeward than the existing 9' wide upper level deck in the 0-75' zone. If Planning Commission cannot accept Plan A, applicant would request consideration of Plan B. Staff Recommendation If Planning Commission feels that there is sufficient hardship and justification to allow Plan A or Plan B, a recommendation for approval would be appropriate. If Planning Commission feels that the structural additions in the 0-75' zone are too extensive, or that the hardcover increase in one or more zones is unacceptable. Planning Commission's options are to recommend denial or to table the request. If the application is tabled in order to allow the applicant to revise his proposal. Planning Commission should give applicant specific direction as to what magnitude of additions and hardcover percentages might be acceptable under specific conditions. Isv 1 I r>:r\ CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50,00 per each additional variance)J22T ^ Renewal Variance Fee $100.00 #/* ' (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION ..y Fir T T'y "IT j, t I Vi WMuitu . .i'l.—W • . -.U . ..Vw\ i J C w'V V V W BARDSHXP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning reuulationsi /j — DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS,±jr\LJ,^ufn yji: -- - - - - - Describe unusual property conditions preventing compliance with Zoning Code Requirements : L.~r t/ /fV uinc uki: ,•.>:> ,-rL-r,r f^.r: Ldte. ______________,iylr. . r r-/. < (Alt >f'.<A ’-J jlLli^^L. tJ^U. — REQUIRED SUBMITTALS ^ ^ n,^*^u.u 1. 2. 3, 4. 5. 6. 7. 8. L.CTCompleted 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 sur-^eyor) to include hardcover calculations as required (provide one (1) copy 8h"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8J5"xll"). SJcetches 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. The Applicant and Property Owner must sign this application. Please remember that your variauice 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 ccnsultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the^oer.t of his/her kno./ledge. Applicant's Signature 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 re»mest. Owner * s Signature — _ _ _ _ Date -_ _ _ _ _ _ _ _ _ _ _ _ _:- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Applicant must havo<^ll submittals into the City offices 25 days,before the Planning Commission Meeting. Planning Commission Meetings are held on third Monday of each month. Applicants must be present at all scheduled fQview meetings of the Planning Commission and Council. If en applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place ard to advise the Building & Zoning Office of this change prior to the meeting. “I T» H3« T » o» Uak E /» J 0^ ^ • •*!• TT»t 1 -2 sJ ^ j Oi Ji j iiJ > ^ A ^(27) ^ •V) ri5r / » j I® (5) ♦ io (6) • / Kl (ZO) ( !9) ( ^8) «4 >• ::<r- (2 n ^ \ , iq.^ 31 ‘‘I :wj/ /<IC lWN i\ '^i N *-g ~> ^ LI'.CEN '•*) C5) ^%C <•»•'! f-roor ir^IF ’ftt*vtT" I » ”(ll\in _UI\iii ' / / / ^/ ' / '//^ ’ / (23) ^ rri / 'T.Sf ».‘ 'i <83)A" / / :ia2i^) / VA \ .H3) j - ■':i ^ ■• rro”- •« ^5 f *7' '^1 »55 I 10 (65) (63)-..■>;;i. __OT r^■■i3^..ia. '*•• ?/:? .•\ *<^ ^231 > •« (30) > .7^ 12 ( 6-*) »^5 ,« .3(37) i f rr?T“ 2'3){ ’S)'>4 (59) ^ ■ *1 __1 —i , "1 'ji '1 •Htmiii* aikii-J: , t -^601 >• V H : i rfitlilMti'DAT«:01/tS/91 I jUrl‘^BATCM 001 filjiiijtHi Ki.a rpROP AODR 1.101005! :5 f- ?' \< ’ ; |r I • i - 3' V .• ■HENNEPIN COUNTY PROPERTY INFORMATIOfl SYSTEH PROPERTY OWCRS LIST > ROBERT ROBERT ll7-25 15 0092; g[NDEN lAi , ;r KINO jONNER NAME TAXPAYER.!.!, „ NAME/ADDR'^ 31005 LXrOEN LANE*. !l & hound MN It 55364 j * ‘1 14 I fill ^ I i.38 07-117-23 13 00C3 01015 LINDEN LA ! H C KALLBERG I E C KALLBERG HILLIAH C KALLBERG 1015 LINDEN LA ; HOUND 55364 i Isrib I ’'ifl|’l*'lifi!:i 58V 07fllt-2i 11 0095 ' i ■ I ► • ! prop; AODR . g J 01045. i LINDEN LA v ; ■ I > ! fONNER NAHeBTT .C JOHNSON A J C P JOHNSON i ' ^.TAXPAYER. ;tg SIVeRRANCE^C -JOHNSON NAHE/AD0RSg^045 LINDEN LA ><! Mfjl I HOUND-MN|j 65364^ „ JOHNSON-;.,' ' n'lt ■ M I ^ SB!P07fllT-25 14f0019>'|,, ( 01 ■ ‘ ---------------- ■ ■ ■ A « A f iV : I ■i i I '38 07-117-23 1^ 0015 01067 LINDEN LA L C KASPRICK 1 K M HESTBY *L C KASPRICK & K M HESTBY \y 1067 LINDEN LA ■jp:t .l:M0Ur4D MN 5S36<^:• : A 5 t NORTH ARH OR * i sally! A RHYLICK PROfTM>DR (MCRNAHE TAXPAYERiTLi llj SALLY: A, RHYLICK’ NAME/A0bR3g^045 NORtH ARH DR ■■: f M I iOUND mH 55364 JMtaxpay PROP'ADDRl OMCR.NAMi AXPAYERlti- AODR iitiiiti f Ji ? j.‘38 07-117-25 1^ 0020 :!01015 NORTH ARH DR ,^.R I L COT4RAO VI V ^ RONALD C CONRAD 1015 NORTH ARH DR or-i LEAH RA -E5 I4:0066 . I r- •% nDAVID A ^ZANNS ;PRASS ijl774,rRE A. mm 65403 ||: ikiL V 4 - u V - I ^ C: HOUND MN 5536^ ■ t V :/’■i: li I Y'.-; ’•V •'.'TOTAL BATCH 002 00010 >A:rA- ■ ' 1 *•* A' .• * t' i J t: * I V* ft 38 07-117-23 13 009^ j REPORT NO. PI<i35401 PAGE 01027 LINDEN LA I ‘ | S L BRENT4AN JR 1 C A BRE»4AN ilONEY L BRENNAN JR 1027 LINDEN LA S HOUND MN 55364 » . H- i ! ‘ • ] ' ;'M 14 0018 ! - \• I ■f ; * J 38 07-117-23 01055 NORTH ARH OR ; R A A DAHL , t ‘ RONALD 0 DAHL ', | 1055 NORTH ARM OR HOUND 65364 ■J 1- V 38 01065 ' '.t- 't 07-117-23 14 0058 } \ I !*. I ♦ 6 * A - NORTH ARH DR ROGER J ILLIES ROGER J ILLIES T 1065 NORTH ARH DR MOUND 55364 I • !i{f' i'I • -IrI #iii^ i •*f I I « ’O ‘i > TRUE M i,jl CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND REPRESENTATI0T4 OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENf OF PROPERTY TAXATIONpJO THE BEST OF HY KNOHLEOGE AND BELIEF, DATE i r i;,|r i ♦ t ••i iv •i 11 -i i ? I f .f i r- . * A. .1 \ I. V1 « • .1 I “T-T-^-—^ • 4 * f V iu. rr-*T.:r._Li I • " ::t7.... / VI.' r ** — . .i > ..r'/vv::: v*:: : ^: •- • * - •• • •• •' • -**^**^« .-• -t - B ■ ■ « r • ^1 II_ ~ - -r -1-^ • *"*" • • . • « ................................... , .•*! ' .* *** * *“ ■ ■•■'•■•• '■ I ■ . --.. • *« . 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D?.! VEWAV •X « t Xr« • • D. S idewalk X Z20 « # 1 A . O.s _ • X E, Fa T!oA“ Dccx \ ^•X r. Landscape • •X OficSRLAlM "Y 1 X , PLASTIC SHEET!NG X • •A'iXK AT f 17$ • X 2 • r, othp .r sre^nc^() X X Z.F .. i /92 4 ' y » r C w n 52.3 w . r • w I 4* I :>. r 2.F. 4 .F. ^ . S.F. c:ff O ** ** --------------s . r . 2 S . :•. S • r . - * s. s. *JS». -V.’ /f." »v.c. s.I* • /V =______y_ .. s.F. t,'.Jt • » . v«. ^ * t^ - Total Hardcove .t in Zcn- » Total Frcp -rty Area ih Zcm 9»g.3 3..= . [a ]...... /f.ZiOV__S.F. o/ Sh ,-- r A 9 93 -7 f 81 /A 2X iC'O “_—/o iiaElirs r 4* **Jl J - . "tin f w /V A#* ''VC ^ O/iA^J OI^ HARDCCVcR CALCl-LATICN WORKSHEE 7/s c w '< Tr*:?'"’- C\’^) 0-*75^«S ww*<w« »w* %*>•%■•# Existing H ap.dcovep : hi Zone :^W » fK a RnusF y^.z X Z f'J/ • • LS:iGTH WIDTi* t /f.f y. 9 _ • •• • X • X . 'J>„7ASF X . . ! C^AUf C JRIVEVIAY ^ • • X ______ t• • . Sic =wal ;< ■X X •Xxf/9 S'.f Y 1 'at 10/ D eck ».X• TKS . Landscape • y^7 • X OS X areas UNDERLAIN 3Y X PLASTIC SHEETING uj6o^yj* • X ArtftC r/>c X _______________ ♦ Pdvf< xrwf 1. Othe.e • Y O.Si'^i ,Total H aroccver IK Zone is^250-?A:: :vo-:5cu- i ■ - ;V • »-*. ._/A * .. X < J2/2. / s.r. . .1 \ /Z99.3 / 1 «. r /i« >• i c :: t# • • • * “ • 7 c .w • • • /250 S.F. 5.F.•<<Kiy m.S.F. ^2 „ 5 . r 2i^.5 ‘X *•O • • • ^ o • r • J>?-5 2 I r • <* c,w * « I Z2.iT 2 IF • 2^-5* £ • F • /33 / t7• • • zm.3 s.,-. Total PsoAesTY A rea ih Zons /?■ V7g 5.F.• % JL> z i fTLZiJlZ^- X 100 - L.......-.aaifckt^liMi ____jfarih r n-- 7X^d< / c f j cVw/ HARDCOVER CALa'U\T10N WORKSHEET SETBACK zone : (CIRCLE CNE) TA-Q-V Existing Hardcover in Zone 500-1000' ^ •House 31 Garage X LENGTH • • • X WIDTH s • • • • ♦ ^ 9 r * S.F. X * « S.F. X • • • S.F. • X • s • • S.F. 2/. 3 X VJ2. y S.F. # Y ^ X • =</S5S S.F. • S.F D., Sidewalk E.S.F. S.F. E. Patio/ Deck S.F. • • •.» S.F. F.Landscape AREAS UNDERLAIN BY •. . PLASTIC SHEETING — S.F. _ S.F. S.F. 2 5“-o,s /Z. ^ S.F. CC*yf, OMtL G. Otke.r __ X ZO. S’S.F. Total Hardcover in Zone Total Property Area in Zone Z^ZS.? S.F. 2 CC0 S.F. / '.ry£L ipf An ^ -f [H __ X 100 - 3 % liaiiii - ■'■I :.C'^ \/ti!i.X^CjT>^ erp._____________ tt f V a M <1 PlM^ S> <£X,)S77W<S Houi-^nz nz- .1 _____ 8wlA^p^>uc^* ^ ,T< / s i.k- y^2-. ?-l.Z-^- ' I ?bZ .1 • - M* * • - - _ - ^ . /Jor\ ^ ^r7V%/]/jf-*^ AT y X 2> o ^'2. / 2^*’ / ■^/Ar1=» g, %V(i,S • • *-V«B ....7S‘^-s^.-- ^■‘ ■____^"”^5 S. I ^7.0 % £<eg /^b<3 ujA^ :____ /+-s/d ^ck/^^ A # *- - « »gT4<^»»t •" l/JAt^tA^/Wi jf^np^ 3^^ **fJ5„ ^. - 4-P iAsr\^‘'—0. >1; .* rr:^. " j*-».jr.ir •<4fc-\ 5F ^P/ASt7c ^fJuY Fou^J^ (^^j^e^ _5jwnc.___g AJ J77 A' 4 j J r • •-• ” — ■ ■A4— iiidiinrriyii iiiiirllliiiittiKlliti^^^ n ■■■ . . -y — — r \ S}- - w 1^ ; -l^j ^10 N 1:r By.f^T7t>c> l-k'jLz s-..../3.t?..._/ '^P^LC> ............ ^^3.-7 X -^2^77/. ■/ j <r7a^c_n-^v-<f" .. 4"^)■J / *•Aa srraD^p '2^:I~_ . ___________________ lb'AJOM , '' 0*AJAr*-f _ M|ffll ><MjoVL<oC u to a J ■ ^?AJt» ^ 2-/ '2'-5^ y \- t^rjT. /-/' A- <^<:p *2-HO >\J gsrr^*Z 6,6*0 r.4.,-=-33,2J2< ^^/Lr?AJC> ’7r-zrO > sr^^gTT, _. »• q .6.% ^'<5U “3.0% 'Diz.iuevjw/f’Agi^m^ j^er; u; ituus l2r3Q__= 7./ ’/o a-?&3 ■22-,/ % (g(/^n^& • . r , ■; *’■ • ■ 1» , «'*1 ^ . ■-*• : ‘ • *■ ' ' ' i J'lrnl^rtr i iiiai ^ ^iibim n . ./ i rf,.. '/f ^• Sp-^ . [M^eiP--fc.' ___f^^xyPote^ /^^Ag-^cg>v<n^_______ ____________ g>n^Ai(^ ’z-U'KkZO,z -- 2> . ___________________________....................................................................................................................................................... ..........^ ^ ^ ^ !2^____ '-.. "■ ^ ■■ —>-■ - • ti5dr.< J / -w- >i..-«» 4» .«.^^- . «n*-«v»»««<i«i«IM.*i4 ^v/ir7A4 G» 7.*?^ *^-£>0*^/^ .._ h-.r ' > i9«3r * V i -. :^ ••' • —V Z' iJ ”S • ^ /, 3 X 7<i./ X .-«» « i4ii »r«»< '•W' ■,^- *^-ji .: .v-*^•«^r •' «*■«• *- ••—*-iaTr “SSI ssssBSs: / r« . • -.^ i -^4. it • r.. *". \ iij>ii!^irifti..irti nlfci •K,- ■ ~ >\; N^"-Xi;,ir's2rt?^^ • -- • • -------- — y/jr^ ‘**,* ^5. i MEUfitC^e zersAcK. iuu%TAAno/^ 111 ii‘mi All liBTiili lirt iiii I i'ilii<niSfr I I ■^l■^•| iiiiia I ■ ■ ■! II iilf ‘rtnifiirirM n iltmiiTlair——^ Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator March 6, 1991 Subject: #1622 P. John Hardin, 1496 Park Drive - Variance - Public Hearing Zoning District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Request for front yard setback variance to construct entryway and covered porch to existing residence. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit S Exhibit P Exhibit G Exhibit H Application Plat Map Property Owners List Survey Neighborhood Survey Compilation Letter of Request Pootprint Diagreun Elevation Views Pertinent Code Section - Section 10.24, Subdivision 5 (B) setback. - Requires 35' front yard m Existing Setback « 33* Proposed Setback « 28* Required Setback » 35' Variance « 7' or 20% Pertinent Facts - 1. Ik The northwesterly corner of the existing house extends 2' into the 35' required setback. The amount of existing structure encroaching is approximately 4 square feet. Applicant proposes a two story entryway, 4' deep by 10' wide, and a one story covered porch along the west and south sides of the house. At the northwest corner, the porch will be 28' from the street lot line. The amount of porch/entry structure encroaching will be approximately 98 s.f. The applicant cites the need for additional living and closet space on the lower level and additional space for the master bedroom on the upper floor. ^ i' Zoning File #1622 March 6, 1991 Page 2 of 2 y\A-^ 4.Exhibit E is a compilation of^ surveys in neighborhood. A significant position of "t#*! the immediate houses in the neighborhood encroach into the’35’ front setback. Directly across the street, the house at 1448 Park Drive was allowed to extend as close as 16' to the right-of-way in 1984. In 1977, an addition at 1442 Park Drive was required to be off set from the existing house to meet the 35' front setback. DiscQSsion - ^ j ^ ^The existing residence was constructed prior to adoption of the 35' setback requirement. The location of the existing house and its floor layout, along with a need for additional Indoor and outdoor space, are the justifications presented by the applicant for granting a variance. In formulating a recommendation on this request. Planning Commission should consider the following questions: A. Are there special conditions or circumstances affecting this property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his land? B. Is the variance necessary for preservation and enjoyment of a substantial property right of the homeowner? C. Will the granting of the variance be detrimental to the public welfare or injurious to other property in the area? D. Is the plight of the landowner due to circumstances unique to this property not created by the landowner? w E. Will granting of the variance alter the essential character of the locality? P. Is the granting of the variance necessary to alleviate demonstrable hardship or difficulty, or will it merely serve as a convenience to the applicant? Neither hardcover nor lot coverage are an issue on this property. Hardcover will be approximately 12.2% where as much as 30% would be allowed. Lot coverage by structures will be 7.2%, about half of the 15% lot coverage allowed. Staff Recoamendation - ^ ^ If Planning Commission feels that the variance is justified, a recommendation for approval making specific findings of fact should be included in the recommendation. i i :; r'-J i> .iirWi f iin iT Hill llll^l■ll II 11 n n li i rtii IMinllitTSli «l I CITY OF ORONO - VARIANCE APPLI # 1 2 2 * tm 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) f'TTV .*r nr-niii f I Wi Ui Twite vv'vrv £T nrrrrr t AIV-'MWI- W»l t iUL, vv'vtrv yi itV 175.no PROPERTY LOCATION Wt TI ik. ^7CT /V> Site Address ^Afrk MOi/nct li^EIPT-TtilOiK }W i/k'VA C>r'/07/7i Property Identification Number (P.I.D.) 07«ll7'^ll ^^13— Attach legal description to application if not included on requ-red survey. APPLICANT N€une p. T»Uv\ V4 ‘a.Kc/<i^ Phone (home) Phone (wor)c) • S^'TlU Address: _ _ _ _ _ City; Mg.^- - - - - ZipzJVIj^ OWNER (if different than applicant)Phone (home) Name Phone (wor)c) Address:City:.Zips Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USB OF PROPERTY Present Zoning District LK i o Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST D Estimated Construction Cost $ /O^ qo<l escribe request in detail: OM. fwo < op%n RO^kle • rironf* of* -------------------------—_________________ ~ VARIANCES REQUIRED Lot Area n . 'm Lot Width « • • # i SetbaeJe Vari2mces ( X Front _____ __Hardcover • Side •___ Rear) J »V . . Nr • • » » ». Other hc>i€. I' ( I i iTMlIiA (iiii nfctfitfufiifiiii iurftit HARDSHIP Describe undue hardship or practical difficulty resulting from strict TMCi ami av* »*»«■»» _pft^ hr Ov‘f‘i»Je SfAC.^» PBSn>Ti^TnM OP imnSUAL PROPBlflCY CONDITIONS 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 8%"xll"). SJcetches 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 inffimuijH on 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 Jcnowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby acJcowledges 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 ~ T_ _ _ _ _ _ _ _ _ _ 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 Cosaaission and Council. If an applicant xs 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. .... ' L.i ---------------------------- - iHm r . r «• -I * r-Wk. ■■fc.eifcV- I V - ' ■•’ ia.„ •» I \-tNiv-tX. J.Li / /«51) •«• \ - --xa ------- ■1 ^ ^ tl ;•.* 1 'L ■"' ■ " \ 'AT" •‘•V M /(4I /J? ' '’"^l J / •© z# -.-;rV . •‘ / ' »3' .* ' 1 JILIL #1622 ; i >4 \l:h tATCM OOliMl tl il i] ’>■ ; V*. ■ P? r V- f j'lfl i.MiS iiil? i ii- n«?>, HErtCPIN ' ii" ■ "•' 07-117-2S 4i 0074 01400|;;i PARK DR^ TQNI .P jWOERSEN* ‘nOff^'F ANOtRSENl 1400 >ARK OR HOUND/HN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»WERS LIST ; • #i 58 07-117-25410075 00058 ADDRESS UNASSIGNED i‘ JAMES LANG I ARDIS NIEHAIM >ARDIS H NIEMANN NOONAN <t ; 564 N OHASSO BLVD ST PAUL m 55126 - s oms: :*.; park drj Q L 8dlUI.TZ €TAll 014^ • 1; '•vl:.: ■. '! .. .1. { ■ ? M .» ■.? GEORGE L'JSCHULTZ 1442 park HOUND.HN OMCR NAHTg riTAKPAYER 4 ^-NAHE/AOOR ; . 'i [TAXPAYER NAMR/i OMNER NAMfe TAXPAYER <1 )NAME/AOOR •r- OR -...Jk 55564 i'ft »r OT-lir-M 4r 1dom 0142SS .1 PARK OR RjT HOHELLS }‘4V ) I ‘; &’it' Is??’/ROURT T4H0NELLS 5 1. i I 38 07-117-23 42 0015 •, 1 • ' I 01462 PARK DR < LORENZ H KUrZ ETAL U LORENZ H KUTZ i 1462 PARK DR ^ ' HOUND HN p t * t • * •I 4* I 55364 1 V ^4 r 6 » • I 1425 PARK DR , . j HOUNOtNN ft 55564 r 041 NORTH SHORE 0C0R68 OCORfii'd 517 CO RO 30 CEASS CEASS DELANO MN Kii? t 38 ! 07-1 55328 ^ , f. /-25 45'0014 V 1 04240J .]'NORTH SHORE OR H^A P]UNOON > ii46| V In NXCHAEMtJ rA PENNV L LANOON t ) 4240 NORTH SHORE DRIVE ^ 55364 I l8 07>ll7-25 45 0027 01448 iPARK OR ;; . stephen Ij.honells STEPHENjl^fHONELLS 1448 fARKfOR ij.j HOUNDlHN I 55564 t;' i ♦» 4 ' ^ 38 07-117-23 42 0020 i 01435 PARK DR . H J KELLEN 2 L C KEUEH i! HICHAEL J KELLEN 1435 PARK DRIVE HOUND HN 55364 iI* L# 7 . ; i . PL 38 07-117-23 43 0003 ; 01530 ORCHARD BEACH • L A OOMUY : L A DONNAY f . 15304 MINNETOMCA IND RD * I HINNETOTECA HN 55345 ? i It i i i i • ^ i % •4 <: tn*. 58 07-117-25 45 0015 > 04210 NORTH SHORE OR 1 t i NILLIAM F KALEY HILLIAH F KALEY 4210 NORTH SHORE DR MOUND t*4 55S64 \T f • •• t rf t. U i; ? i TOTAL BATCH'. ^ 001 00016 ! I a. H i'f.U " • t 4, r ’'‘i t ■ 4 ■ • • ■ V 1!il REPORT NO. PI435401 \ I 4 • ' r ■ PAGE t f 58 07-117-25 42 0015 01422 PARK OR ,. 0 J ANORYS A T L PEDERSEN 0 J ANORYS A T L PEDERSEN 1422 PARK DRIVE , ^- MOUm MN 55564 • ; j J .•.1 58 07-117-25 42 0018 ' 01415 PARK DR RONALD BERTAGNOLI ETAL RONALD H BERTAGNOLI 1415 PARK DR ! | . HOUND HN 55564 . | : : i'!- ^t 38 07-117-25 45 0001 00038 ADDRESS UNASSIGNED F J HARDIN III ETAL FRAMCLIN J HARDIN ; ' 1496 PARK DR RT 1 I HOUND HN 55364 f i. j if>;■ J ,' .» i i f 38 07-117-23 43 0013 f i!. 01496 PARK DR i > FRANKLIN J HARDIN III FRANKLIN J HARDIN 1496 PARK DR RT 1 HOUND HN 55364 i' J] 38 07-117-23 43 0024 ‘ 01535 ORCHARD BEACH PL NANCY F DELTON r . NANCY F DELTON; ! f : ‘ 1535 ORCHARD BEACH PLACE HOUND HN 55364 I ; i«n ^i. . I t 6 . k I { t i 1:^ I 1 * .• \ % I :!. # •> V!1 ’I^:r • 1*.! r V ir K » Ji • f !•> 7 ■I • ; : ■ . •J#-.”! •. 1 i A .•t* I* *t J' 4 •V I r" • 1 4 f t*.\ )% » i. I. t:' I'\ •K< t I tfY!t ♦ ?’ ;> . . { • /. Ir • M . “{ •K. . 4 1..'1 ■ ’ - y. I \ V r< • t:-r:;! f I 4« I * t r i. i, t ’ I •i * 1/ ‘Vl Adjacent Property Owners* Acknowledgement Form I (we)of fUA i P^i^k [print ncune(s)](print address] ^ fr,r the oroposed improvement or proposed use of the have reviewed the plans f^or “e P P . 3^ ,»e«ers«*^to ^Land Use property located at N^(a r»rf< Drf..v£ Application No. _____•FlI (we) understand that in exeou€/ng '='**• ’or'ute (are) not as)ced tc, declare ePPJojel ^ ,„3,‘ ^^^re of the rmrrovem:nt° plains':n^d1hat tL proposed neighbor's project or use requires Council approval. Property Owfler O > ^ / / Date Property Owner *' ............... J2 - .^- 9/ Date icn^w******************************** I (we) La>rv<Urv ------------------ (print name(s)] of /\}orfKS^<-. [print address] i /I 4-Hs* ,.i;%ns for the proposed imorovement or proposed use of the have reviewed the q . ^ . ‘ also referred to as Land Ose property located at ?awk - - - also re.err Application No. / » a ♦-v.a4- in executinq this acknowledgement, I (we) amI (we) understand that in executxny uhj. nronertv or use (are) not as)ced (we) am (a«) aware of III rmrrcverenrp\“:s^°nd‘Shat tL proposed neighbor's project or use requires Council approval. t Ut L/tr P-7- 9/ Property Owner Date Property ^-7-y_z Date If you have any information that may assist the ”’atng°S V Summary of Variance Application I am asking for a setback variance to add a ten foot wide by four foot deep addition to the front of the house and an old style open front porch. The addition will provide a front entry way and closet space on the lower floor where there is no closet space now and add necessary space to the master bedroom on the upper floor. The open front porch is needed to provide outside space and fits the style of the house. It is seven feet into the thirty five foot setback zone on its northwest corner but is 44 feet from the hard surface road at this closest point. :|&u ■I. . .VV' ■ v->'. ■ ■; ^ v'Y-j isL - . %>4. i My Se “f tacl^ zone = 35* -P^ei* <—Sadoy, , -——Jt(r fees _ 37.7 'r<> roe»e/u)»y __T&^.cirsL.£0[.'^.(Q 3^ To r*ocic(coAy —’ - >0 ■V a f; - V‘l J1 y'1 iwvv . -f i ^.Qn t Cvyr e.ry'f' MouSfi Uif/i DJJifi'am. ---uu ^ \"■^r ' 1 e = :^ . ly • ----------- ^=1 1 ___________________________ U) iik front Pstcit frT^‘ f . ■■ r if ■ .V - • To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson 5. From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date:March 13r 1991 Subject: #1623 Dr. Keenan Richardson, 2500 Woodhaven Drive - Conditional Use Permit - Public Hearing Zoning District •• RR-lB, Single family rural residential, 2 acre, unsewered Application - Request for conditional use permit for filling approximately 500 cubic yards within the front yard. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Grading Plan Exhibit E - Comments of City Engineer Exhibit F - Soils/Topography Map from Original Subdivision Approval Exhibit G - Letter to Applicant 1/18/91 Exhibit H - After-the-fact Fee Schedule Pertinent Code Section - Section 10.03, Subdivision 19 - Requires a conditional use permit be obtained prior to filling or grading. Pertinent Facts - 1. Just prior to freeze-up in the fall of 1990, applicant placed approximately 50 truck loads of fill in the front yard, estimated by staff at approximately 500 cubic yards. Because no permits had been issued for this filling, the work was stopped and applicant was advised to either remove the fill or apply for a conditional use permit. Applicant has provided a survey showing existing and proposed contours. The proposed depth of fill ranges from 0 to 2.5' in an area approximately lOO'xlOO', on the east side of the driveway. 3.In discussions with the applicant regarding the reasons for filling, he notes that in the spring, water ponds in the front yard area rather than running off, and the intent is to somewhat channelize the flow and eliminate low spots. The City Engineer has reviewed the site and the watershed downstream. Re notes that the filling will not impact site drainage, i.e. this will not change the direction of drainage away from the site. He notes that while the amount of run-off from the site will be increased slightly, that run-off will have no significant impact on the high water elevation of the receiving wetland two lots to the east. v| ->rwi ■ f imi * a. mtrn t ■ < -i i rWnB i-ai irtn . . i Zoning File #1623 March 13, 1991 Page 2 of 2 Discnssion - Based on the City Engineer's comments, there would appear to be no detriment to neighboring properties if this fill is allowed. As you can see from the original subdivision contour map, this lot receives run-off from the neighboring properties to the west and north. Directly east, Kim Edwards at 2450 Woodhaven Drive has been allowed to fill the front half of his property, via a previous conditional use permit. However, the rear of the property has been maintained as a swale area for neighborhood run-off to continue eastward to the pond. One additional benefit of allowing the applicant to fill in the proposed location is to move drainage away from Edwards' mound sewage treatment system. The presence in the spring of standing water in applicant's yard may have a negative impact on his neighbor's mound system, hence removing the ponding area is a benefit. The current application was submitted without the after-the- fact investigation fee, which is equal to the application fee of $200.00. The City fee schedule (see Exhibit H) indicates that the after-the-fact investigation fee is mandatory for after-the- fact applications. Although applicant has cooperated fully with City requirements since he was advised of the need for permits, staff does not have the authority to waive the after-the-fact fee because a zoning violation (i.e. CUP requirement) exists. Unless Planning Commission feels there is justification to recommend waiving the investigation fee for this application, it would be due before the after-the-fact grading permit could be issued. (Fee structure is as follows: land alteration CUP application fee $200; after-the-fact investigation fee $200; grading permit $75.00; after-the-fact permit fee $75). Total ■» $550.00. Staff Recomendation - Staff recommends approval of the conditional use permit for filling approximately 500 cubic yards subject to the following i conditions: A. Applicant shall adhere to the grading plan as proposed. B. All disturbed areas shall be revegetated as soon as possible upon completion of the grading work. as may be required by the City Inspector. m W • ■ • m m mm mm mm mm mm mm m m mm application and grading permit. % . i -^,.5 Q CITY OP ORONO - GENERAL LAND USE APPLICA*^|» J 'i^y " ^4-^ 1 PROPERTY LOCATION Site Address ^<TbC) h Onor//■YXV^d.n 7^r. _ _ _ Property Identification Number (P.I.D.) Let 5^ ~g)locte / ^ L^vg^rcncy LOoe<£>^kOJ'^^ Please attach legal description to application if not included on required survey. APPLICANT Name Ke£jr\e\jr\.-*^ R>*^ Phone (home) ^7-£) •: Ik-— : i «-i- -<)OTr>Phone (work)K A-nA.“i.vV>i£2mX^,,. „ V" Jl cut .i,W«VV' # Address 2.:^m ?x ’ywgj^nA>g^City 2^:$335fe VfVI vA/ ONNER (if different than applicant) Name ____ Address Phone (home) Phone ______ City _____ 05^co:)l Jlli^ ••;*••?• 1 :o* iU a/ / A zip 4^ Date Prop^rty^cquired fhfiri I, i •=) S^7 ____________ (month/year) I (do) ^j^o no^ also own the adjacent parcels of land. FEES - 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 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 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 Easement Vacation Easement Vacation With Subdivision Rezoning (PUD ~ refer to fee schedule) Appeals $ 50.00 $250.00 $100.00 Other - see fee schedule II FRBSBHT USB OF PROPERTY Present Zoning District Present Use of Property y Residential Other (specify) DESCRIPTION OP REQUEST rvi. fwi lOLO O^CA0 C-U-#' dLtl Y^lX^<kA^ V tyy OOJ wJOjfe/'. Describe request in detail: moA4-«»f lAa^ Atjumm^ /.’)A.<ey prcKibi4^ iy>ou><>vg» ___________.^nn... r.^ . . j'/lfl. fvi.2.d.rgi ^.ldrg.n.U , gLl^J^hart tte! /\|>'prftv -3 ..j 1-^% <.lr:pi‘rtf^ inlO hf^.. fjr/S-hog s^jr>4* R 1. 2. :-»l« 3. 4. 5. $. 7. riRBD SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 350* (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). 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 otaff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. 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 (staff time not covered by original fee payment) and/or unusual expenses incurred In j^eview of this application, and certifies that the information supplied is true and correct to the best of his/her Icnowledge. Applicant's signature ICi.Date Z ?/ OWNERS SIGNATURE The owner hereby acJcnowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature ^_ _ _ _ _ _ Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. 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 advise the Building & Zoning Office of this change prior to the meeting. {;i mAi ^1 ^ .jh Vr*' <i»4 >!( ■>! 1 ’ ‘ '• A If'* PM^^UOR JCOOOM II ADDRESS UNASSZGNEO i^QNNER NAIcSifGN RY CO.ti <i ' : ' i • ^TAXPAYER - - - - NAME/AOOR 3b ^.fl. •*«« VC 1 «K^ A '.*11 'a I if K •«» — •" — 41'0006 PROP’AOOR.I If,02500,.< HOOD HAVEN DR - -"r KEENAN .0 RICHARDSON ET AL j KEENAN RICHARDSON A COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMNERS LIST I r’f ■- ONNEIt HkM ^TAXPAYER- ; i; r«>' t: NAME/AOOR r j I . . . . /i i iv!-' iJEAN LEOELL'RICHARDSON *2500 NOOOHAVEN DR • LONO LAKEiitI, 65S56 y ■ PROP AOOR ; A . 02445 r NOOOHAVEN DR . ifRtCR NAME Ji'J 5 P HARRIS! i). I TAXPAYER 1 ihJOHN TfA PATRICIA L HARRIS* 4 M**4/A00R 2 JE445 NOOOHAVEN DR t | 1 i jpiRj'-lli ' •dn'Tlir'^Sr.*,r|.k !i' 55-i «:iii4i4i oSlB , ^ : 000S6 >. ADDRESS UNASSIGNED r-t IZ '■••■'I'I.! |l •; t'I, ‘i-i ! HI if I' •V PROPiAOOR t: I UM UKti m; ESSU >'j ^4I,!| i-l'IZnA I i t ONNER NAME ,'! j D N A S L< 6R0NDER0 < TAXPAYER, ;i .< OLEIM N A; SANDRA L 6R0NDERS NAME/ADOR ■^1 If 4w,* i.J iifI* S25 N NILLOH DR LDNB UK&ltll; 55356 sa 33-118-23 42 0008 [PROP ADOR J;.02680 * SILVER VIEH DR • r 0»f«R NAME j; j SPEAK THE HORO CHURCH TAXPAYER ; i; SPEJUC THE( HORO CHURCH (LNAME/AObR;|^ j 515 JERSEY AVE S t ; eOLDEN VALLEY MN 55426 .,33-110-23 42' 0015 •I iiMi'.'i: {rbll'so i; <1 j; Prop ADOR 000200038 : ADDRESS UNASSIGNEO I [ ONNER NAME\|| 0 0 PETERSON A iJiTAXPAYER id; DONOVAN 0.A,KAREN L PETERSON NAHE/AD0R;j;:2715 SILVER VIEH ! LONG LAKE,.ltl »' I t . n' itft!*,‘'•1 I*'':] '■'i t" !■:if 1 I H 55356 38 33-118-23410004 :• , 02400 NOOOHAVEN OR ' ' '■> F H JR A 8 R CALHOON ■ FRANCIS JR A BONNIE CALHOON .2400 NOOOHAVEN OR LONG LAKE MN 55356 ■ ' I .. •» f » M 38 33-118-23 41 0007 02550 NOOOHAVEN DR PRATO AN0ERDER6 PAUL R ANOERBERG •2550 NOOOHAVEN OR LONG LAKE MN 55356 i 6 I I 38 33-118-23 41 0013 00345 NILLON OR N GEORGE L OSGOOD ET AL LARRY 0 OSGOOO 365 NILLON DR N LONG LAKE HN 55356 ): •* N ?• 38 33-118-23 41 0016 ■ >■' 02525 NOOOHAVEN DR C J 0‘C0(t«)R A L S 0'C0t«!0R CHRISTOPHER J 0'C(»*I0R AND LYNETTE S O'CONNOR 2525 NOOOHAVEN LONG LAKE ttl 55356 ? J 38 33-118-23 42 0009 * 02650 SILVER VIEN DR RICHARD A PATRICIA MEYER JOHN V A OOTMA M CROTTEAU 14315 44TH AVE N PLYMOUTH HN 55446 51•. I t > t { : TOTAL BATCH ) ' t 002 00016 i . ■ #» ‘ J* ?!1 ■ 1 ?: i-fi/ ► !• 7: b.iI 4 I.• ( -i)y REPORT NO. PI435401 PAGE 4 ‘I 5 38 33-118-23410005.; 02450 NOOOHAVEN OR ' K A EONARDS A 8 K HALTER KIM EONARDS A BONNIE HALTER 2450 NOOOHAVEN LONG LAKE MN 55356 | I' I 1' I; f f 38 33-118-23 41 0008 I; , 02565 NOOOHAVEN DR 'j ; NAM BASHORE ! NEAL K A MARY 0 BASHORE 2565 NOOOHAVEN DRIVE LONO LAKE MN 55356 i \ / »i ■ I » f « » i t • i!38 33-118-23 41 0014 00325 NILLOH DR N GLENN A SANDRA GR0NBER6 f GLENN M GR0NBER6 325 NILLOH DR N LONG LAKE m 55356 ' 1 • 1 33-118-23 41 0017 11; > If; : 02485 NOODHA\*EN OR I t! MARK H HOLF , MARK H NOLF t ' 2485 NOOOHAVEN OR LONO LAKE 55356 f ! i It-' H't.rsr ,38 33-118-23 42 0012* 02675 SILVER VIEN DR C A C M KIRKPATRICK ; GRAY A CHRISTINE KIRKPATrIiCK 2675 SILVER VIEN DR LONG LAKE MN .* % • ii I • t , 8 t*i* k •' ^ ‘ i • t*. f . s W«fi- . -.r m: '■■1 • ■•*. • • • .' - r m:- •■ri-iViVm 1/i Rosene *k;~« Afidcrlik & ^1 Associates Engineers & Architects Otio G 8oTi«t.*DQ PE. flooen W Ro%enc. PE. ioseon C. Anoef^ik. PE Mafv:n L Sorvi4. PE fUnva E Turner. PE Gienn R Cook. PE Thomas E Noyw. PE Robert G Schuncht PE Susan M EDerna CPA ^ieitn A Goroon PE PjcnanJ «V Foiwf. PE Oonaid C BurgjnX PE Jerry A Bourdon PE Mane A Hanson. PE >0 K P*e«o. PE Michae< T Rautmann pE Hooeft R P^effeoe. **E Oavio C U3SKOU. PE. Thomas W. PWenon. PE. M<naei C Lynch. PE. James R Maiand PE Keruietfi P Anderson. PE Mare R RoRv PE. Rocerr C Russe*. AiA Thomas c Ar^gui PE. Howard A Saniord, PE, Daniei j £dge*Ton. PE Manr A Se«i PE r>5fO J Caswe*r. PE fsn ae( Mamnez. PE Man* O Waoti PE. Thortas R Anderson. AIA Gary P Ryranoer. PE. Miles a Jensen. P£. L Phriip Graver M. PE, Rene C P^umart A i A Agnes M Rmg. AJCP Jerry O. Pemsen. PE. Cec^io OirvTef. PE Rooert R Orebiow PE Gary or Monea PE. Chanes A Enckson Leo M Pawersity Hanan M Oison March 11, 1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Mike Gaffron Re:Dr. Keenan Richardson 2500 Woodhauer FUeNo. 139-1623 Dear Mike: We have received the request by Mr. Richardson to place approidmately 500 ± Cu. Yds. of fill on his property. The fill will be placed in an area that will not impact the site drainage. The total storm sewer runoff from the site will be increased slightly, (not definable) There is a large wetland area downstream of the Richardson property near Willow Drive. The additional runoff would have an unsignificant impact on the high water elevation of the pond. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDHRLIK & ASSOCIATES, INC. ^Jjt.— Glenn R. Cook GRC:dh i' :• -I- • : Ipi-: .£ y ' r J; y ^1* ; . . .» - . Tv . . ?rly; rV-' § Vi A.:2335 yUesX. Hlghwj^ 36 • St. Paul, Minnesota 55113 • 612-636-4600 m.^ ‘l:-v • '■ ,f sg^ t 'm 2/: A r,;lt L m> 1 -^TV -- OF 1ORDNO • •CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka January 18, 1991 Dr. Keenan Richardson 2500 Woodhaven Drive Long Lake, MN 55356 RE: Fill in front yard Dear Dr. Richardson: As we have previously discussed, the fill placed in your yard either must be removed or you must apply for a Conditional Use Permit in order to spread it on the property as you proposed. Since I have not heard from you regarding your final decision, this is just a reminder that if you intend to apply for a conditional use permit, the application deadline for the February Planning Commission meeting is January 25, 1991 at Noon. Deadline date for the March Planning Commission meeting is February 22, 1991. Meeting either one of these deadlines should allow your application to be reviewed in a timely manner so that grading work can occur as soon as weather and ground conditions permit. Please contact me at 473-7357 if you have any questions Michael P. GaffrOn Assistant Planning & Zoning Administrator MPG/lsv f BUILDING a ZONING - 473-73S7 ^ • ASSESSING ADMINISTRATION A HNANCE - -173-7351 FAX-473-051# PUBUC WORKS - 473-7359 Iff i,- w 20HIHG APPLICATIONS (COHT.) Aoplication Type Fee Applicable Code Section RIP-RAP Staff Review (normal tip-rap) Unusual Rip-Rap* a) New installation b) Repair existing Mo Charge $100.00 + CUP review Staff permit “ $100.00 APPEAL OF ADMINISTRATIVE DECISION $100.00 10.06, Subd 3{D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee:0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set forth below: Professional Time $ 20.00/hour Clerical Time $ 16.75/hour Legal/Engineering Consultants Actual Billed Cost Mlleage/Coples/Postage/Etc. Actual Cost Section 10.11 AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, 'zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not Involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. k Jk -HP'-' Mayor Petersen & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Ic From: Date: Subject Jeanne A. Mabusth, Building & Zoning Administrator March 13, 1991 #1624 Shoreline Marina & Yacht Club (Dave Carlson) 1955 Shoreline Drive - Commercial Site Plan Review Pertinent Ordinance- 1.Section 10.41, Subdivision 2 - All applications for a building permit for B-2 lakeshore commercial district shall be reviewed by the Council and may be referred to the Planning Commission for review. Renewal variances. Application #1592, were approved by the Council in October of 1990 that granted approval of setback and hardcover variances for the reconstruction of a new marina/clubhouse building. The variance application is still in effect. Applicant proposes the same building envelope. The property has had two renewal variances since the original approval in 1987 with Application #1142 (renewal Application #1408 S #1592). The current application involves applicant's request for a two-story structure. Application #1408 & #1592 renewals approved a one-story structure (Exhibit N). Original Application #1142 (Exhibit M) approved a two-story structure. As already noted in the earlier reviews, average lakeshore setback standards are not included in the B-2 zone. In this review staff has attempted to evaluate the intensity of structure proposed with the current application by comparing the previous structures approved for the marina site. Review Resolution #2891, Exhibit E, the current variance application effective for this property. 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 Application Property Owners List Certificate of Mailing Council Minutes 10/22/90 Resolution #2891 First Floor Plan/South & West Elevations Second Floor Plan/East Elevation & Building Section Signage and Landscape Plan Planting Schedule Hardcover Setback Areas Photographs of Scaled Model Pifr:: M rf "-K Zoning File #1624 March 13, 1991 Page 2 Exhibit L-1 - Site Plan Approved for Applications #1408 & #1592 Exhibit L-2- Site Plan Proposed for Current Application Exhibit M - Elevations/Site Plan Application #1142 Exhibit N - Elevations Applications #1408 & #1592 Review of Current Application - The current application has been filed under the new owner's authority, M. Wagoner. Mr. Toberman has no legal interest in the property. With original Application #1142, several site improvements were required with the reconstruction of a new marina facility. The City Engineer and staff have inspected the site to confirm what improvements have been completed by the former owner, Mr. Toberman. All structures have been removed except one that functions as a temporary office building. The sea wall and new docks have been installed per approved plans. The required water quality/treatment facility has been installed at the time of the sea wall construction. Weepholes have been placed in the sea wall to accomodate drainage from parking lot that first passes through a filtered area consisting of filter fabric and crushed limestone. The third access has been closed off. The property is now served with two approved curb cuts. Upon the site inspection of the property. Cook noted at the southern end of the sea wall, the limestone rock area has been washing away. This area must be filled with similar materials used in original installation to insure integrity of treatment process and stability of sea wall. In addition, the parking area is to be paved and the two curb cuts defined with curbing or timbers or any other aceptable means. The new owner proposes no other changes from original plans submitted by Toberman. All proposed improvements on the site that have not been completed consists of fencing, signage, plantings, paving and designation of parking stalls. Applicant has advised that the original lighting proposed will be changed but lighting plan is still in effect. Applicant's representatives will bring samples of new lighting for Planning Commission's review on the night of your meeting. It should also be noted that the Engineer's final review comments will also be presented at your meeting. Please review Exhibits F and G, the elevations of the two- story structure and accessory structures. The height of new lacility measured to the mean distance of the highest gable measured from the lakeside or low side is 26'. Review Exhibit M, the original marina building approved with Application #1142 was 25' in height. Review Exhibit N, elevations approved for Applications #1408 and #1592 showed the height at 16'. Zoning Pile #1624 March 13, 1991 Page 3 Review of accessory structures associated with principal structure for Applications #1142, #1408, #1592 & #1624 Application #1142 Area = 1,030 s.f. (Exhibit M). It should be noted that a stair from the second story roof deck has not been included in these calculations because plans did not specify. Applications #1408 & #1592 (Exhibit L-1) Area = 1.086 s.f. Application #1624 Area = 1,421 s.f. (Exhibit L-2) (low decks and paved walks 1,023 s.f., staircase = 86 s.f, upper deck = 312 s.f.) A " Please note walkways that connect to the lakeside deck are shown as originally approved. The principal structure itswlf remains at 30 x 40'. The applicant suggests that the proposed design of the structure is more residential and more compatible with the surrounding residential neighborhood. Applicant will have models for your review at your meeting (photos of model found in Exhibit K). Once again, the major issue is the intensity of structure. There is now a two-tiered deck system proposed within the 75' setback area. Applicant has exchanged a 3' wide section of concrete walkway along west side of principal structure for a 96 s.f. dumpster area. The dumpster will be screened with a 6' high privacy fencey as shown on plan (Exhibit L-2). Applicant will replace with a landscap J area not underlain with plastic or fibrous fabric as noted ou the plans. An exterior staircase of approximately 86 s.f. is now proposed along the south side of the principal structure and extending beyond front line of principal structure into lakeshore yard. Issues for Planning Commission Consideration What is your position on second story deck located within 75' setback area (portions of which are located within 50' of the lake)? Note original applications approved decking in front of front line of principal structure as a grade level deckM«« No railings except for access stairs leading to shoreline walkways. The current plans do not propose railings, only 4 ma'sive support beams/posts for second level deck. Applicant proposes concrete walks adjacent to principal structure on south, north and west side of structure. Original application showed decking. #■ -f 1- - -7.Q-.I. Zoning File #1624 March 13r 1991 Page 4 3.Building Code requires two exits from second floor. This can be accomplished with two interior stairs. If the outside stair was reduced to one 4' x 4' landing and redesigned such that there is no encroachment in front of the front line of the principal strucure, would this be more acceptable? Remember Application #1142 was approved with an exterior access stairs coming from the second floor but located to rear of stucture. Options of Action Approval as proposed; or Approval as amended. As with the variance application, the application for building permit must be accompanied by an executed Developer's Agreement and Letter of Credit for the remaining improvements for the marina property (repair of southern sea wall and drainage structure, plantings and paving of parking area). Isv % kVv / ■- >-«- •4- mm I : m WV:-."mmm m Hi CITY OP ORONO - GENERTIL LAND OS PROPERTY LOCATION ft -7 TV -r -vf-v<7 U JL . ^ Wl k.'.\U'itU ,rr;;.n.Tr nccTrcf Vt I iVrL. Site Address / f.53"SUc<ejr/_ni/e 02. 5’S3y''’‘- f Property Identification Number (P.I.D.) /d -^//7 "v/.. rr r rja ;/ ;•* vr«; ? •rr.Af r.rti t.'t-t'.'^-Vww-.’V uv'v'a nvw /a*-r*wHr Please attach legal description to application if not included on required survey. APPLICANT Name D C^A^L^O k J_ _ _ _ _ Address ^^7 ^iAuJ Al/^ So, Phone (home) 9 Z7~ Phone (work) City /f7i^7s Zip syy/o__ OWNER (if different than applicant) Name JOl. X [a JA^^a JC^ Phone (home)________ Phone jT‘/t/’ " oS7C^ Address HZd /2)C)i4a JS f^O. Date Property Acquire' fS.- _ _ _ _ _ _ _ _ _ _ I (4») (do not) a... '^ie adjacent parcels of land. City /a J.A 4 r4 Zit _ _ _ (month'year) 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 COP ar.plication $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration f 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 i^PLICATIONS $200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation __________ $175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision ' $250.00 Re*5oning (PUD - refer to fee schedule) $100.00 Appeals Other - see fee schedule f. i ^4 -- DBSCRIPTION OP REQUEST __ ^ Describe request in detail: /^LLiLD ! (aJo S7bt/2.y^ r6L&> * PRESENT USE OP PROPERTY Present Zoning District Present Use of Procerty /77/IA’aJA Residential Otlier (specify) J £yK\OS(LAPl, ■* 2. REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). 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. 3. 4. S. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll" X 17'* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date- - - - - - - - - 1 IPPLICANT'3 SIGNATURE rhe 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 unusual expenses incurred In review of this application, and certifies that the information supplied is true and correct to-^ho- of jj^s/her knowledge. Applicant's signatur Date <5^-^ ^ ! / 7OmiBRS SIGNATURE / The owner hereby acknowledges and agrees to this application and further luthorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of Investigation and verifigatAgn of this request Owner's sicmaturer^>^2--f-^ Z —-----Date Applicant must have aH^^auWmittals 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 f0view meetings of the Planning Commission and Council. If an applicant is unable tr attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building fi Zoning Office of this change prior to the meeting. l - Jj r- mMmpiM • •' • • c » c L c 38 10-117-23 31 COOl GECPGE F R0V6GN0 2010 SFCRELIN5: ORI VE WAYZAT^ MN 55391 33 10-117-23 31 CC39 DANIEL CREAR 1980 SPATES AVE feAYZATi MN 55391 38 •10-117-23 A2 C005 A G ASCHENBECK JR 1930 SHORELINE DRIVE KAYZATA MN 55391 38 lC-117-23 42 0015 H TOURANGEAU 2060 SPATES AVE- WAYZATA MN 55391 38 lC-117-23 42 0022 CRAIG OLSON I960 SHORaiNE OR WAYZATA MN 55391 38 10-117-23 31 0CC8 MARIETTA h ANDERSON 2055 SPATES AVE WAYZATA MN 55391 38 10-117-23 31 0095 TERRY 0 MORSE 2C80 SPATES AVE CPOND MN 55391 GERALD D. TOBERMAN INTERCHAGE TOWER SUITE 1460 MINNEAPOLIS, MN 55426 38 . 10-117-23 42 0017 LYLE VICKERMAN INTERLACHEN LA EXCELSIOR MK 55331 38 10-11 7-23 31 0C02 JCHN T SPENCE 2040 ^0 SHCRF OR WAYZATA MN 55391 38 10-117-23 31 0C90 RICHARD V STINSON 2040 SPATES AVE WAYZATA MN 55391 38 10-117-23 42 0007 ALAN NETTLES C ANNE NETT 1940 SHORELINE DR QRONO MN 55391 38 10-117-23 42 0016 RONALC J PRINEAS 1980 HERITAGE DR WAYZATA MN 55391 TOTAL LABELS BATCH 003 C 33 10-117-23 31 UOo'f STATE LAND DEPT 38 10-117-23 31 009o HARRIET SPATES TORANGEAl 2060 SPATES AVE WAYZATA MN 55391 * 23 10-117-23 42 0014 SAILORS WORLD BCX 176 CRYSTAL BAY MN 55323 38 10-117-23 4-2 0021 CANIEL CREAR 1980 SPATES AVE WAYZATA MN 55391 f m----- ■■4fr CITT OF ORONO - MOTICB reviewing the following land use applications: 1 #1622 F. John Hardin of 1496 Park Drive seeks front setback and lot coverage variances for an addition to the existing residence. 2 #1623 Keenan and Jean Richardson of 2500 Woodhaven Drive have applied for a conditional use permit to permit certain land alterations in excess of 100 cubic yards on their residential property. 3 #1624 David Carlson of Smith Bay Marina located at 1955 Shoreline Drive filed a commercial site plan application seeking approval of a new has not yet expired. 4 #1625 Don Olson of 4590 North Arm Drive seeks a side setback variance for an oversized accessory structure and a variance that would allow the oversized accessory structure to be permanently installed in front of tne principal residence on the property. 5. #1626 Tim and Beth Traff of 2683 North Shore Drive seek approval of a side setback variance for construction of a new residence on their lakeshore property. 6. #1627 Samuel A. McCloud owner of Record Lot 22 on Big Island seeks approval of after-the-fact hazdcover and lakeshore setback variances for structural improvements within the lakeshore of the property. 7 #1628 Mark and Sara Finney of 4195 Highwood Road seek approval of an average lakeshore setback variance for an addition to the existing principal structure. 8. #1629 McNulty Construction has applied for a variance for the property located at 1700 Fox Street that would allow an addition to an accessory structure that already exceeds the allowed area for a single oversized accessory structure. 9. #1631 Mark and Karen Cuff of 3572 Livingston Avenue seek approval of a front street setback variance to install a new foundation under the existing residence structure. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 p.ou Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono By: Planning Co ssion 'i*' J^nne A. Mabusth, Building To bo published the week of March 4, 1991. strator CERTIFICATE OP NAILING STATE OF MINNESOTA ) ) COUNTY OP HENNEPIN ) SS. ) CITY OF ORONO ) 1, Jamie Bosmar of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1624, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 28th day of February, 1991. -.mm .m I .# *:• • -r . f *.. ^ Iki;7_..^ ./ - ^ :: : ... ■ y/V;?- jt ORONO COUNCIL MEETING HELD OCTOBER 22, 1990 . Bsnpi!<; keCONSIDERATIOS CONTINUEDZONING FILE ♦1^34-REBESS RECONt,xu Sscers would Object to .csviewing el- 12 wishes to proceea tnat way- ^ u i, "It se-Tis to ms that is basically whatMayor Grabek said, it 3e_.ns> has been proposed." e 4-hat the temolate designs are a compromise betwe“- Rebi°s and Staff to provide a safe access to the Street.• • • * • Rowlette ■ said, “The tLe“\o""s"olvf thiY'fsVbe! e_ _ _ _ _r'-t-aHoV <?Acond3d bv Csll^bsin foir til© It was moved by Mayor Grabek. -0^131 at“S as a method of purposes of discussion-^ to be'^doni on these lots. If allov/ing Staff to rest..i ^ those designs represented by there are any ao through the planning process. t.he templates, the “ Qg^i varied at all from Staff s Callahan asked if ^ j.eDli.ad that the proposal before original proposal. reflected in the resolution first “^^^^d."''^M0tSn?^A%s“2, ^p\«rson. Natelas and Goattan. Nay. Motion failed. 12^497 tOBEBMAN MANAGEMENT 1960 SHORELINE DRIVE CONDITIONAL OSE PERMIT REQUEST TO TABLE* seconded by Peterson, to table It w»c moved by ADolication #1497, Toberman review and a=“on located at' 1960 Shoreline Drive. Mstns.d^nisnt# foir .. - tion, Ayes-S, Nays-0. Motion passed. #1592 SMITH BAT MARINA t YACHT CLUB, INC. X955 SHORELINE DRIVE RENEWAL VARIANCES HESOLOTION #2891 A-sociate, of Toberman Management, wasMr. Vern Larson, an Aasociaue, present Bernhardson . 5elnn2 f^lusth • s "SlmrSieS pertainin, eo this ®PPl,\his application included the October ..'.,„nts set forth in Resolutions #2190same conditions and rer . ^ ^ . - house which is proposed and *2648. with Bernhardson noted that the |?.n*k'inr2o^«io"“-recommended approval. . . . I 1. j 4# 9-Fid»i-e was a limit on the number of times Peterson asked if tnere was a an application could be renewed. • ■# - 26 - D' jjBia ORONO COUNCIL MEETING HELD OCTOBER 22, 1990 ZONING FILE #1592-SMITH BAY MARINA CONTINUED Mabusth replied, "The City ordinances do not set any limitations for renewals. She asked Mr. Larsrn i.. he cou estimate when a building permit may be issued for this proposal. Mr. Larson stated that he did not know when a building permit application would be submitted. Callahan stated that it was his understanding that the property v/as in the process of being sold. He questioned whether it was appropriate to proceed with this application at this time. Mabusth replied, "The property was in the process of being sold to this same party when Council reviewed this application last year." Callahan said, "On the other hand, if the property is not sold, should we consider this application whan it is possible that these improvements will never take place? X . Mr. Larson stated that the reason the improvements had not been done prior to this was because of the economic hardship caused by the low lake levels. He said, "We complatad the dredging, the replacement of the old docks and the construction of t.he seawall. Than the lake level decreased and it was not economically feasible to proceed with the other improvements. t Callahan said, "I can understand why you chose not to go ahead. I an questioning whether it makes sense to grant Variances relating to a building in a commercial site plan, when we have no idea when the building may be constructed. Goetten asked whether Council could request that a specific time period be provided indicating when construction would begin. Mr. Larson stated that he was not prepared to provide such information. He added, "If that information is normally required as part of the renewal Variance process, we could probably provide an estimate." . . Goetten asked, "Can you give the City a reasonable expectation that the building will be constructed? f---. ,*■ Mr. Larson replied, "Probably just as reasonable as any of the other times we have been before the Council." Mr. Art Torangeau asked if the building will have indoor plumbing facilities. . .- Tt ^ .** fit « VMr. Larson replied. "Yes it will. Mr. Torangeau asked whether there would be an entrance and - 27 - - i !<r y . . > K> ORONO COUNCIL MEETING HELD OCTOBER 22» 1990 •j) .0«ING FILE ,1592-SMITH BAY^INA CO^I^ED ^ bo“ a« J/Tlo/'enterinrf^d U Sill .aKe traffic aIf both are us-a tor ^as really increased over the* last few years. I think that is something that should be considered.” . -"'^on'dld co::ti!r°Z issufr/lraffltt- .^be’liev^'rSh^? S«e* would^ not be as much traffic generated with this use as wit^^rprevious use. .It was our feeling that there would be sporadic traffic coming and going Peterson asked whether the City'had received the‘report fron the State inspectors regarding the proposed sale of gas on thrs property MAbusth reolied, "Staff has not received any updated reports tSt resnect because there has been no activity on the property. If the sale of gas is proposed, we will have to ask for those reports." It was moved by Callahan, seconded by Peterson, to adopt o 1 arantina Variances and approving the Commercial 1555 LANDSTAR, INC. 2501 OLD BEACH ROAD PRELIMINARY SUBDIVISION . Mr. James MacKinnon, present Attorney for Landstar, Inc..was Bemhardson referred to the resolution presented for Council era! <taid "The Cltv Engineer has estimated the cost of cSrb and gutter to be $10.00/foot and the expanded roadbed at S2o‘^oa/foot This would be independent of the City's bituminous ou^;?iv The curb and gutter would be only be constructed on the Sesftide of Old Beach Road. We have been informed by the City of Minnetonka Beach that they include euro a g along their portion of the road." JoEllen Hurr, City Planner, City of Minnetonka Beach, said, "The City of Minnetonka Beach is not in favor of any upgrade of Old Beach Road." Goetten asked if the need for curb and gutter had anything to do with drainage. f • 9 - 28 - '.S iM r. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 10 (A), (B), (C), SECTION 10.41, SUBDIVISION 9 SECTION 10.41, SUBDIVISION 5 (A) SECTION 10.22, SUBDIVISION 1, AND PER SECTION 10.41, SUBDIVISION 2 APPROVES THE COMMERCIAL SITE P.LAN FOR SMITH'S BAY MARINA AND YACHT CLUB, INC. FILE #1592 (D) , WHEREAS, Gerald Toberman of Smith's Bay Marina, Inc., a Minnesota Corporation (hereinafter "the applicant") has an interest in the property located at 1955 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows; Exhibit A, attached WHEREAS, the applicant proposes the construction of a principal structure and major restoration of the marina property and has applied to the City for variances to Municipl Zoning Code S^jction 10.22, Subdivision 1 to permit fencing 43' from the laJceshore instead of the required 75'; Section 10.41, Subdivision 5 (A) to permit parJcing stalls for 42 vehicles instead of the required 48 stalls; Section 10.41, Subdivision 9 to permit parking 10' from the street lot line instead of the required 30'; Section 10.41, Subdivision 10 (A) to permit the principal structure to be built 50' from the shoreline instead of the the required 75'; Section 10.41, Subdivision 10 CB) to permit the principal structure to be built 40' from the site lot Ifne adjacent to a residential zone instead of the required 50'; Section 10.41, Subdivision 10 (D) to permit 15,862 square feet or ^3.4% of hardcover (actual reduction of 10% over existing Hardcover at 73.6%; within 75' of the lake where no hardcover is allowed and to permit hardcover to remain at 5,100 square feet or 300% over the allowed amount of hardcover at 1,275 square feet or 25%; and per Section 10.41, Subdivision 2 seeks approval of a commercial site plan for tne complete restoration of the marina property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 It iSlSlll^llllll I ITTillrM,------..... I- yimm ■a-.- laiP 1.- • .r. .'^ PIMDINGS 1. This application was reviewed as Zoning File #1592. 2. The property is located in the B-2 Lakeshore Business Zoning District. 3. The Orono Planning Commission reviewed this application listed above and the commercial site plan for the complete restoration of the subject property on October 15, 1990 and recommended approval of the proposed variances based upon the following findings: a) The lot is not deep or large enough to allow structures to meet required setbacks. b) The majority of the property is located within the lakeshore protected area where no hardcover or structure is allowed. c) The property has been used as a commercial marina for over 40 years and was recently rezoned to B-2 in 1975. d) The proposed improvements provide a reduction of 10% in overall hardcover in addition to improving quality of storm water run-off prior to entering the lake. e) The majority of the improvements provide for a major reduction in hardcover immediately adjacent to the shoreline. f) Access to site and parking areas have greatly been improved with the proposed single structure making for a more efficient use of the severely limited land area. 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 Page 2 of 6 L*. i. 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 the variances as set forth above and approves the commercial site plan dated November 1, 1988, revised January 20, 1989 by Advance Surveying and Engineering Company for Smith’s Bay Marina and Yacht Club, Inc., subject to the following conditions : 1. Owner to execute a Developer's Agreement and post a Letter of Credit with the City to ensure the following improvements are installed: A) City engineer to approve drainage/surface water treatment plan per final plans by Sathre Bergquist. 1‘- B) Paving of parking area, lighting, signage, and installation of grassed area per plans by E.O.S. Corporation of Excelsior, Minnesota dated January 10, 1989. 2. The executed Developer's Agreement and Letter of Credit (amount to be 150% of the cost of required improvements? must be submitted to the City prior to application for a building permit for new principal struc^ures. The City Engineer shall review total improvement costs prior to submittal of Letter of Credit. 3. Erosion control shall be employed at all times on the site during the time of construction of the principal structures. 4. Demolition permits are required for all buildings to be removed. Such permits must be obtained by applicant at the time a permit is issued for new construction. A Certificate of Occupancy will not be issued for the new structure until all buildings designated for removal have been razed. Applicant may Page 3 of 6 * »r. -■ II i'K continue to use existing structure up to the time the Certificate of Occupancy is to be issued. 5. Owner/applicant is hereby advised that at the time an application for building permit is submitted to the City, the Orono staff shall evaluate the proposed improvement and uses of the property per standards adopted by the Metropolitan Waste Control Commission in the determination of the Service Availability Charges to be collected with the issuance of a building permit for the new construction. 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 or. that date (October 22, 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 misdo-neanor. 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 assigi:s, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 ' wmM ■ ' 7 f Jf .. Slcvcii 'K Fichtcl Architects 10700 WAYZATA DLVD SUITE 400 MINNETONKA. MINNESOTA 55343 (612) 544-3633 SHOPvE-UHE c'Y/iCHT CUJB ^ sHopeMHE pptv'e OpohIO, MlHNe.€oTA PPeUMlHAf-y pLAH- PATEi Q./b/^\ /Vi. 1'#1624 r ‘, o u?r« -ace bev."e apft EL£v!Knal ■:< • I Hiffilii *1 I I If I V; - s : . ■■ '•' "'»•.!^^> t .* i /V' ■’ > SlCYcn T. Ficlitcl Arcliitccls 107C9WAYZATA BLVD. SUITE 400 MINNETONKA. MINNESOTA 55343 rr is.rrs trrrr.-u -_r*r vsvrsnaartt C612) b't4-363a — — ——— SHO^E-UHE c YAy^T CUJB .H56 6HoFeMHt PF4VB | oposkP, MIHN^-^otA .i FPeUMlHAF-Y PIAH- PATEi %/b/^\ j #1624 I DECK t .vv ■ 9 t 'f r 9'i, I t r- r r^. K - .'z--, hk.. m < •: ■ %mi )/ 9 f-OBHo^vs^ /Vi / ir*t @i®@l@ @1® ®j@ I I ®i® •f® S£A MU' @j@ '%iT^ i*'r ®j@ i •v> ' ? • • >•? • • *^-• v,*W' • ’■ '^'Vf-Cr 'I-; •♦ A* # n i .1 w..'- T*' . W'- . -.-<^1 - tf7 •V.<M Planting Schedule For Salths Bay Marina & Yacht Club 1 \ V 1.li" - 2"Summit Ash »C M IJ" - 2"Summit Ash 3.li" - 2"Summit Ash 4.li" - 2"Summit Ash #1624 18" diameter Hughes Juniper and Anthony Water Splrea (pot size) 18" diameter Hughes Juniper and Anthony Water Splrea (pot size) Gold Drop Potentllla 18" diameter Hughes Juniper and Anthony Water Splrea (pot size) all along the walkway. Mock Orange Mock Orange Maney Junlper(pot size) and purple leaf sand cherry (pot size). All plantings will be done in the fall of 1989 after the building, construction and blacktopping are completed. 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V. •. >,• ^ .• ■’ . . t.. «<4> j. • , «4 •4'* • • • t • ’ :i rT> *> JO. 4%-/; • * Vs ^ ••*• ,'y k* • - • *« . “■ • V • , ; ••V-.- •• ' * • * ‘i ■ -I . t«. • * \; ' . «. • .. • *. • > ^4 •/ ■•* *,4 • » V ‘ * * " • 1 \* ••»•-’ 4. * i .*• * •• -*/' *•■ - • • • ••. *t. 4 ^ • • . . . • *• • » • • • r 4» «« «• % ■ • .4.4^^. • •. . 4 • - • » . r- 4* 44 «• 4 ■ • •4*.-* . . u K* 4 r* , • 4 * .. • • » ‘W;- ‘ - . ^ .■ - ■ •■.'J: 'iui! .. . • t. •'•.>*• •*» ... 4 • •*..• , • ••.. fc • •,. • • 'K •' • '.’3 ' iV: c ’ ittifilfa iMTCrifr rfcrifniittiiaT .B Mhiam.^wk-.. Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date:March 8, 1991 Snbject #1625 Donald Olson, 4590 North Arm Drive Variances - Public Hearing Zoning District - LR-IA, single family lakeshore residential, 2 acre minimum, unsewered Total Area - 5.49 acres List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Application Property Owners List Plat Map Resolution #2800 Site Plan Floor Plan West/North Elevation East Elevation Building Section Survey Pertinent Sections of the Ordinance - 1 Section 10.03^ Subdivision 9 (D) - Accessory str-’.ctures to be improved/intensified in front of front line of house. The code requires all accessory structures be placed at or behind the front line of the principal structure within the street/front yard. Section 10.03, Subdivision 9 (03(a) - Side setback variance required. J Required ■ 30' Proposed « 24' Variance =5' or 20% Review of Application - In May of 1990, Council granted a conditional use permit for the keeping of horses for the property located in a LR district. Approval was conditioned on the fact that the subject structures could never be used for the housing or maintenance of the horses because of the substandard setback to the adjacent side property line (75' setback for barns residential use only; 150' setback for quasi-commercial keeping of horses). Applicant retained the horses within a fenced area of the property and has maintained animals off the residential site during the winter because of Inadequate shelter. 1 ••^^1 7mm la I j iiikdi Zoning File #1625 March 8, 1991 Page 2 of 2 The current application involves a request to connect the existing garage with the adjacent open sided storage building. The final structure will not exceed the height of the open storage structure. Based on the 5.49 acres, the code would allow up to a 2,200 s.f. accessory structure. The current application involves a 1,293.9 s.f. structure. Per the Council's directives in the earlier review (application #1508), the subject structure can never be used for the keeping of animals. It is staff's understanding that Mr. Olson plans to use it for the storage of equipment now stored within the open storage structure and front yard. Staff has heard nothing from thcs neighbor to the west. Staff has received a response from the golf course owner to the immediate south who completely supports Mr. Olson's application. The dense mature plantings that exist between the residence on the property to the west and the improved accessory structure minimize the visual impact. If you have a chance to visit the site. Members will soon realize that the applicant's proposal will be a great improvement to the front/street yard. Cations of Action -* Denial. If denied, please refer to the necessary findings within the ordinances; or Approval. If approved. Planning Commission may consider one or more of the following findings or hardships; A. The placement of the house to the west and the presence of dense, natural screening within the side yard of the property will minimize the impact of the intensified accessory structure to the east. B. The proposed structure will have no greater impact than the existing accessory structures placed less than 10' apart. The following conditions are recommended with this approval: 1. The connecting of the two structures shall be subject to all relevant standards of the Uniform Building Code. 2. The subject structure can never be used for the housing of animals. a• M i. ■ f s ' ' u h- i ■ypr I ij/D Pt i if CITY OP ORONO - VARIANCR 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) PROPERTY LOCATION L. I 4 •‘AT / * nA I V/ • VV site Address Property Identification Number (P.I.O.) Attach legal description to application if not included on required survey. APPLICANT Phone (home) V' Name C^A'TJ^S Phone (work) 7S"^ Address; ~3<oo 5^_ _ _ _ _ _ City: a Z/J/V)^ ‘—/yi/^f Zip; ^^3C>_ _nrinizizi_ _ _ _ _ _ _ _ _ _ OWNER (if different than applicant) Name CI^CS Address: Zr'^7V/^^ Date Property Acquired _ _ _ _ Phone (home) ^ ^ P V _ _ _ Phone (work) ^ ^5 CLtviAfc^.^^.yn^f Zip; _ _ _ _ _ _ (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify)*' ■ ' f I DESCRIPTION OF RJ Estimated Construction Cost s Sh OCl “s Describe request in detail: VARIANCES REQUIRED Lot Area Lot Width Hardcover i.r-' Setback Variances (Front Side Rear) Other Kr rii HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP DNDSDAL 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 8Ji"xll'* for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). SJcetches 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. 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 Infonnatlon 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 It of^Jii.s/her'Twiowledge. (jlL' Date ^ ~~3 D- /Applicant's Signatnr^ OWNERS SIGNATURE The owner hereby ac]Towledges 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 V)/r7^(0^^r Date A-2^ -9/ 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 mast be present at all scheduled review meetings of the Planning Cononission and Council. If an applicant is unable to attend a scheduled meeting, please maJce arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Q MHI liMi MM»l#lfe BATCH 002 PROP ADDR aiCR IIAHE TAXPAYER NAHE/AOOR PROP ADDR aaiER iiAHe TAXPAYER IIAI1E/A0DR PROP ADDR OiaiER NAME TAXPAYER IIAIC/ADDR PROP ADDR OlVIER IIAIC TAXPAYER HAHE/ADDR PROP ADDR OIIIER NAIC TAXPAYER tIAHE/ADDR 58 06-117-23 25 0001 00036 ADDRESS UNASSI»4E0 JEAltlE T ARIISTRONO JEAN T ARHSTROIIO 235 NORTH ARH LANE HOUND m 55364 38 06-117-23 24 0001 00215 NORTH ARH LA .lEANIIE T ARMSmoilO JEAN T ARttSTROtIG 235 NORTH ARH LANE HOUND HN 55364 38 06-117-23 24 0008 00370 NORTH ARH LA RAH SHITH ROSCOE S A HARRIET C SHITH 370 NORTH ARH LANE HOUND HN 55364 :^8 06-117-23 24 0011 00366 NORTH ARH LA HAH LARSON HARK J A H LARSON 366 NORTH ARH LA HOUR) Ttl 55364 38 06-117-23 31 0003 00440 NORTH ARH OR RAP STERNAU RENE A PATRICIA STERNAU 440 NORTH ARH DR HOUID Itl 55364 38 06-117-23 23 0002 04620 IKIRTH ARH DR H D A A H It HltllER DON A HIHTER 4620 NO ARH DR HEST HOUID Til 55364 38 06-117-23 24 0002 00215 NORTH ARH LA JEAIIIE T ARHSIROIIG JEAN T ARMSTRONG 235 NORTH ARM LANE HOUID III 55364 38 06-117-23 24 0009 00340 NORTH ARH LA KATHERINE P AXEL KATHERINE P AXEL 4223 147TH PL N E I102H BELLEVUE HA 96007 38 06-117-23 24 0012 00360 NORTH ARH LA R D 8ACKERUD IDS BACKERUD RODNEY D A DIANE S BACKERUD 360 ARH IN N HOUID III 55364 30 06-117-23 32 0002 00405 NORIH ARH DR LAKEVIEM GOLF OF HTKA INC LAKEVIEM GOLF OF MIKA INC 855 RED OAK LANE HOUID III 55364 38 06-117-23 23 0005 04640 NORTH ARH DR H DAL IVERSON DANIEL A lINDA IVERSON 4640 NORI;l ARH DR HOUID III 55364 38 06-117-25 24 0006 04590 IIORTII ARH DR H D C ULSUI A V S OLSON DONALD C OLSON 4590 lloniH ARH DR H HOUID III 55364 on 38 06-117-23 24 0010 00350 NORTH ARH LA J A E ADAHS K-P PROPERTIES INC 3040 NORTH SHORE DR NAYZATA III 55391 38 06-117-23 31 0001 00420 NORTH ARH OR L It DUI3H0RE A 8 J DUISHORE LAVERIIE H A BARBARA DUISHORE 420 NORTH ARH DRIVE HOUID III 55364 Sr • I i'Mi TOTAL BATCH 002 000isnJL 01 § 10.03 2. Oversized Accessory Structures reflated by the following table: are Lot Area Maximum Individual Accessory Structure Footcrint Area Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Procertv 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre 3.51- 4.00 acre 4.01- 4.50 acre 4.51- 5.00 acre 5.01- 6.00 acre 6.01- 7.00 acre 7.01- 8.00 acre 8.01- 9.00 acre 9.01 acre or more IrOOO s.f. 1.200 s.f. 1.400 s.f. 1.600 s.f. 1.800 s.f. 2.000 s.f. 2.200 s.f. 2.400 s.f. 2.600 s.f. 2.800 s.f. 3.000 s.f. 2.000 s.f. 2.400 s.f. 2.800 s.f. 3.200 s.f. 3.600 s.f. 4.000 s.f. 4.400 s.f. 4.800 s.f. 5.200 s.f. 5.600 s.f. 6.000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met}. Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks^ apply. / b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. . X ORONO CC 255-1 (8-14-89) 1 ^ _•< 1 ------ ^jy^ -------------- M-//7-^3 3.S C ? T •. m' ^ ■m 5694431 I jiicmr:: aF" aHONd r 4 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO.2800 A RESOLOTION GRANTING A CONDITIONAL OSB PBRMIT PER MUNICIPAL ZONING CODE SECTION 10.20r SUBDIVISION 3 (MSN) AMD SECTION 10.23, SUBDIVISION 4 (A) FILE #1508 ;\UG 21 1290 MINN Ikmf the owner ^\“h^Vrop°ert^/ X-Teathe City of Orono (hereinafter "City") ana legally desc.w.u.wec as follows: The South 854.50 feet of the West 280.00 feet of the southeast quarter of the Northwest quarter of Section 6, Township 117N, Range 23W of the 5th principal meridian, Hennepin County, Minnesota (hereinafter "the property ); WHEREAS, the applicant has applied to the City of °tono r^Set?ron 1^/3?Suhlllslln 4 ,A,. ’ ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1508 2. The property is located in the LR-IA Single Lakeshore ReLdential Zoning District, in whicn ^^e of domestic animals for non-commercial purposes is a conditional use. findings: A) Lot area is 5.49 acres, all of which is dry buildable land. horses. Page 1 of 4 \* " 1 i 5f- mr" 0^-•-i- ^ r (3Ttt _ OF QRONaX 4 City of OROIVC RESOLUTION OF THE CITY COUNCIL NO. 2800_________ The west boundary of the property abuts the RR-IB rural residential zoning district. D) Keeping horses on the property would not be detrimental to the neighborhood and would have no significant effect on neighboring properties, as long as the horses are kept to the rear of the property and housed in a suitable shelter. 1) The property is located approximately 900' from the dredged channel abutting North Arm, and approximately 1,800' from the lake proper. Keeping of 2 horses on the property will have no negative impact on the lake. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. 5. The City Council finds that granting a conditional use permit to allow the keeping of 2 horses on the property will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property v/iii be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the^ Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (M & N) 10.23, Subdivision 4 (A) to permit the keeping of up to 2 ho..ses on the 5.49 acre property located at 4590 North Arm Drive, subject to the following conditions: 1. No pasture area or animal housing structure may be located between the street lot line (south lot line) and the front line of the house. X. •V 2. Op to 2 horses may be kept on the property in a structure meeting the above noted location requirements as well as other standard horse barn location requirements. It is further stipulated that if the horses are to be kept on the property through the winter, a suitable shelter shall be provided by October 31, 1990. Ik,, 3. The existing garage/canopy structure located between the house and North Arm Drive may not be used for housing horses. Any proposed structure for the housing of horses must meet the following required setbacks: 0 --- : OTY OF \ QRONOJ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ a) 75’ from all property lines; 150' from any neighboring residence structure; c) no closer to North Arm Drive than the existing residence structure on the property. 4. Violation of or non-compliance with any of tne -anrs and misdemeanor. /e^olutTo^n the property. C TAdopted by the Orono City Council on this 14th day of Ma ’yA yi990 .^^. LT.I T^TT: s ST :;* > . ^jc -.r»'1} 'Jam^ R. Grabe.'cNilaycir r STATE OF MINNESOTA COUNTY OP HENNEPINssMsiMiSSSSmS of the City. Notary Public My 9-It-9a My Commission Expires Page 3 of 4 fK' D :il ■4 ■'V ■ •; ' t‘ ^ To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froa: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator March 8, 1991 Subject: #1626 Tim and Beth Traff, 2683 North Shore Drive - Variance - Public Hearing Zoning District - LR-IA, Single faunily lakeshore residentialr 2 acre, sewered Application - Request for side setback^ lot area and lot width variances to construct new residence. 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 ~ Applicativ'n Plat Map Property Owners List Survey Proposed Site Plan Letter of Request Letterrfrom Neighbors Lacy ^ fy\i-rct\e.uL Neighbor Acknowledgement Forms Existing Hardcover Calculations Staff Hardcover Review Average Setback Survey Compilation Documentation from 1973-74 Subdivision ■■■ Si Pertinent Code Section - Section 10.23, Subdivision 6 (B) requires 200* width, lot size, 30* side yard setbacks. 2 acre . ^ Pertinent Pacts - 1. The applicants request < 7* side setback variance, to construct a new residence on this 1.01 acre property which ranges in data is as width from follows: 93* to 140*. The Allowed or specific property Setbacks Existing Proposed Required Variance Lake 140'118*75*- West Side 80*30*30*— East Side 2.4*23*30*7* or 23% Street 120*160*50*- Avg. Lake Setback 14*2*0* Lot Area 1.01 ac 2.0 ac .99 ac or 50% Lot Width 140*/93*—200*107* or 54% Hardcover: 0-75*0%0%0%- 75-250*28.4%(26.6%)25%* 25%— 250-500*8.5%8.9%30%- * See Item 4 below. la. Is Zoning File #1626 March 8, 1991 Page 2 of 3 2. Applicants' existing house was the caretaker house for the property to the immediate west at 2685 North Shore Drive. A lot split to allow applicants' house on a separate 1 acre lot was approved by the City in 1974, prior to the current 2 acre zoning. At the time of the subdivioion. Council noted that approval of the substandard (even at that time) width at the shoreline, was being approved specifically because of the improvements to the larger property, including the iriveway and pool. Council noted that they would allow no further subdivision of 2685 North Shore Drive. A year later, rezoning to 2 acres and 200' minimum width precluded any future subdivision of that property regardless of the Council's notation. 3. Applicants' existing house is about 2' from the east lot line. Applicants propose to remove that house and its detached garage and construct a new residence approximately centered on the property. Applicants propose no encroachment past the average setback line, no encroachment of the west side setback line, and a 7' side setback variance (leaving a 23' side setback) to the east lot line. Notable on the survey compilations is that the Lacy's at 2655 North Shore Drive have an accessory building 2' from the line adjacent to Traff's existing house, a very substandard situation. The proposed 23' setback certainly is an improvement. 4. Although applicants' proposed site plan contains 26.6% hardcover in the 75-250' zone, their intent is to limit the . hardcover in that zone to 25%, requiring no variance. The reason for the discrepancy is that for consistency's sake, staff has reduced the 75-250' zone area by the area of hardsurface comprising the neighboring driveway at 2685 North Shore Drive, which is partially within an easement on 2683 North Shore Drive. It appears very feasible for the applicant to reduce driveway and patio hardcover slightly to meet the 25% limitation. No hardcover is proposed in the 0- 75' zone, and only 9% hardcover is proposed in the 250-500' zone where 30% would be allowed. Discnsslon - Applicants considered the options of adding to the existing house, which would perpetuate a very substandard setback situation. The proposed centering of the house on the property and the reduction in hardcover to meet the limits, would appear to be positive improvement in the neighborhood. While no side setback variance is requested for the west side, the new structure will be further from the east lot line than the existing house, providing a benefit to the easterly neighboring property owner. Zoning File #1626 March 8, 1991 Page 3 of 3 Applicants advise that the property owners at 2685 North Shore Drive would not sign the property owners' acknowledgement form, and apparently are opposed to construction of a replacement residence on applicants' property. Staff would note that by meeting the 30' side setback, and by meeting the average lakeshore setback, Traff's new residence will meet all of the performance standards that would affect 2685 North Shore Drive, if applicants' property was in fact a 2 acre lot. The Lacy's at 2655 North Shore Drive reviewed an early plan that proposed a 15' side setback and were not opposed to such a variance, as long as the average setback is observed and that trees be planted. Applicants note that they have planted hundreds of trees on their property across the road and could easily transplant for screening purposes as necessary. The applicants' existing residence is connected to municipal sewer and the new home would be connected to sewer. Although this is a two acre zone, septic sites are not an issue. Because a house currently exists on applicants' property, denial of the request would perpetuate an extremely substandard side setback. Approval of the requested side setback variance to construct a new house would yield a conforming hardcover situation and a more conforming side setback situation. Given the value of lakeshore property, it is probably not realistic to think that if no variances are granted, the existing situation will eventually go away. The only way that might happen is if an adjacent property owner purchases the property and removes the house. On other hand, if this were a vacant lot the City would be hardpre^sed to deny a lot width and area variance if all other performance standards could be met, given the fact that sewer is available and the history of the lot's creation. Staff RecoBDBendation - If the Planning Commission finds that adequate hardships are pesent to justify the granting of the requested variances, a recommendation for approval would be appropriate. Such recommendation should include specific findings of fact supporting approval. CITY OF ORONO - VARIANCE APPLICATION ^\u 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) »* u IT ■n jni .-rrv r.c -r.r.;;n LI I I L’f LML'MV r.ccTrc } ^ ftr/ILl- Li » Xti. ilL-. Iw'ufV'k- L'VVVV's Tt i rr» V a -TUI 177~ ,V\ 1_'*VV PROPERTY LOCATION Site Address u'HiS' I 175.S0 un ^20:710 CCOl m 710:51 02/72/91 ^ — 11 3 *7 'z, H 2.- OOO -S'*Property Identification Number (P.I.D.) O n "• [ I i ^ ^ Attach legal description to application if not included on required survey. APPLICANT Name Phone (home) V 9~^'‘ ^ ^ _ _ _ Phone (wor)c) *7'^ Address: 2-^ ^3 /iTcy^ 3^^rU.City: <^v4W 7-^-7^ Zip: (tV3^ / i rw 6<.U Ir'v.'f- tv OWNER (if different than applicant)Phone (home) Name Phone (wor)c) Address:City:.Zip: (month/year) narcels of land- Date Property Acquired _ I'^Xdo) (do not) also own the adja<5ent parcels of land. Qu^v^ry) 7> PRESENT USE OP PROPERTY 7 Present Zoning District Q (Z.^vnx*’ * Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ ^OO/grtrO Describe request in detail: VARIANCES REQUIRED Lot Area tW-Setback Variances ( Other Lot Width Front Hardcover Side Rear). iM ^ HARDSHIP Describe undue hardship or practical difficj^l^^resulting from strict enforcement of zoning regulations: oTa DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property cond^^iops^j 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 S^^xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 0Ji"xll'’). S)cetches 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 varicince application is not complete if the above information has not been included. APPLICA'IT'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 Jcnowledge. Applicant's Signature Date ^ ' / f ' ? / OWNERS SIGNATURE The owner hereby ac)cowledges 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 2- I I I 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 CossaLssion 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 ‘i «•( *■' *-^-** * * * —^ ~ ^ ^ f <1 I n»S >i n (. v.^ ( 4 iJ iV ill I&tet “' m OMCII (NMC TAXPAYERt* iNAME/AOOR 3®U O’-mii , • ■ \ # *.i i ' i' HEMCPXN COUNTY PROPERTY INFORHATIOH SYSTEM T-?5 At'0001 ! NORTM SNORE DR * PROPERTY OI«CRS LIST . { Hi ^••4 S UCY4J .ti.r •4« J 1M)LLXN.itSMAR0N:LACY > • ;t«K NORTN,SHORE OR | U * iAii. CCXA1 m' T ' . '158 09-117-25 A2 OOOA 'i , L i 02685 NORTH SHORE DR ' j I i) J A HXTCHELL 4 P H MITCHELL . • Mn : ^ r It i^Pi i-i: I' JAMES A MITCHELL : ' 2685 NORTH SHORE OR S ; HAYZATA MN 55591 EINANE3 AYERH E/AOOIL ? 112685 NORTH'8HOREf ‘OR4';«|'i HAYZATA W t 55591. y.:ir i'f f » TOTAL BATCH r bfr »I 'In<' '• •! ’Sf( ti'i iiV - 5 If! > M ^ -r ttij:. . i. I m 1 r’ tkUi - ii ♦ : ff- 1 A.-. iJ .illii : ■ ^ *i: ’iV, .S tl f I . • h:m ' »• -». hi i. i j'i4 'I ;’lf Ji' i'!l ‘k vV, t. ( » .1 • 'I t*.• 1 • -•f M li. M !ie’ f.'- J fi • ■ 'I •' n'-J: . f *. ■ ■ , i.. PAGE . . V }■<■ . sa 09-117-2S 42 0005 . 02663 NORTH SHORE DR^ TIMOTHY L TRAFF. ; , {,i TIMOTHY L TRAFpt | ^ 2685 NORTH SHORE DR * 1 v REPORT NO. PI455401 ■ • 'I-!{ • • ? 11:i".' . f * !i 8 • \ • t ■ 1 HAYZATA MN f: ^ • Vi* f. •*’f. f 1 r».i r I. :i: 1 : \iSt'lBi» - • * i M . f 2'! X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE 4^ TRUE ’ ■ REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HEM4EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST !t \ I OF MY KNOHLEDGE AND BELIEF. f- r^! t ^I i!i ,T ' . ,. ■ 'tli, t •!Vi:: 1',, r.‘ i A M !i > \ » t» »v.li -fV'i: I{ It 9' ♦ !k'J-I‘ -1 ■ •»; > . >• I f ! %tJ' iitadMIUaiiai -^ —■ r-1 TO: ORONO PLANNING COMMISSION FROM: TIM & BETH TRAFF RE: HARDSHIP 2683 NORTH SHORE DRIVE DATE: 2/13/91 11^ TO: MIKE GAFFRON; A YEAR AND A HALF AGO WE GOT MARRIED. NOW WE ARE EXPECTING A CHILD IN JUNE! WE LIVE IN A CONVERTED 50 YEAR OLD SUMMER COTTAGE WITH APPROXIMATELY 950 SQUARE FEET OF FINISHED FLOOR SPACE. WE HAVE SPOKEN TO THREE SEPARATE BUILDERS AND DESIGNERS EXPLORING ALL POSSIBLE NEW ADDITIONS OR NEW CONSTRUCTION USING THE EXISTING FOUNDATION. AFTER A CONSIDERABLE AMOUNT OF TIME AND MONEY WE HAVE CONCLUDED THAT WE NEED TO SEEK A VARIANCE TO ONE: CREATE A LARGER MORE EFFICIENT USE OF OUR POTENTIAL FOOT PLAN WITHIN OUR LIMITED HARDCOVER REQUIREMENTS. TWO: CENTER THE NEW BUILDING SITE WITHIN OUR RELATIVELY NARROW LOT. IF WE WERE TO BUILD OVER THE EXISTING FOUNDATION WHICH IS ON THE PROPERTY LINE THE NEW HOUSE WOULD BE OFF CENTER AND NOT COMPLEMENTARY TO THE LOT OR NEIGHBORING HOUSES. WE HAVE LIVED AT THIS RESIDENCE SINCE 1984. WHAT WE WANT TO BUILD IS A CONSERVATIVE TWO STORY HOME WITH AN ATTACHED GARAGE. THE HOME WOULD HONOR THE AVERAGE SET BACK LINE FROM THE FORWARD PORTION OF BOTH NEIGHBORING HOMES AND BE IN COMPLIANCE WITH THE LAKE SET BACK REQUIREMENTS. THE HOUSE WOULD BE DUE SOUTH FACING. IT WOULD HAVE SIGNIFICANT NEW TREE PLANTINGS ON BOTH SIDES OF THE NEW HOME TO CREATE A WOODED ATMOSPHERE ON ALL SURROUNDING LAND. BOTH THE EXISTING HOUSE AND GARAGE WOULD BE REMOVED FROM THE PROPERTY. THE PROPERTY HAS CITY SEWER. IN CONCLUSION; TO TRY TO BUILD A NEW HOUSE HONORING THE CURRENT 30 FOOT SET BACKS SIMPLY DOES NOT WORK. THE PROPERTY IS RELATIVELY NARROW AND THE CURRENT BUILDING ENVELOPE DOES NOT ALLOW AN EFFICIENT USE OF THE PROPERTY. BOTH NEIGHBORS ON THE EAST AND WEST SIDE OF THE HOUSE APPROVE OF OUR PLANS. THERE IS NO QUESTION THAT A NEW HOUSE BALANCED IN THE MIDDLE OF THE PROPERTY AND USING 15 FOOT VARIANCES ENHANCES THE LAND AND NEIGHBORING HOMES. THERE IS NO CROWDING OR ENCROACHING ON THE NEIGHBORING HOMES. WE HAVE OWNED THE SIX ACRES DIRECTLY ACROSS THE STREET (NORTH SHORE DRIVE & NORTH SIoE OF THE ROAD) ALSO SINCE 1984 AND HAVE PLANTED 600 PINE TREES THAT ARE NOW SIX TO SEVEN FEET TALL. PLEASE REFER TO THE CURRENT DESIGNERS DRAWINGS FOR OUR PROPOSED FOOT PLANS. ALSO INCLUDED IS THE SURVEY OF THE PROPERTY. urni^rrr.ry February 5, 1991 17'i"O 2655 North Shore Drive Wayzata, MN 55391 TO WHOM IT MAY CONCERN: Tim Traff has outlined his plans for his home on the property adjoining ours at 2655 North Shore Drive. Sharon and I do not have any objections to the granting of the variance that would permit the building site to be within 15 feet of our property line. As I indicated to Tim, I would, however, stipulate that the necessary trees of a necessary height be planted to break up the site lines between our two properties. Since I do not have the plans for the exterior of the home, I would assume that we could agree once they are available. The thought is it would require four to six trees in heights from 12 to 20 feet. We also would ask that the site lines between our home and the Mitchell's, which is on the opposite side of the Traff property, be observed. My understanding is those site lines are based on a straight line drawn from the actual home itself, exclusive of any out buildings, pools, decks, etc. Tim's plan for his house seems sensible to me and as long as the site lines are observed and trees are planted to buffer the property, Sharon and I would welcome the Traff's new home. Rollin L. Lacy ■■ ' • K r : ♦ . -» , 4 . t « • « 't' James A. and Patricia M. Mitchell 2685 {forth Shore Drive yayzataf Minnesota 55391 March 12, 1991 •• \, .1 • • - 4^ _ __ .'HAR i 2 .1931 ^ S ^ ^ ^ Orono Planning Coimission Crystal Bay, Minnesota 55323 - - - R§: §1626 - Tia and Beth Traff variance application 2683 North Shore Drive Ladies and Gentlemen: On March 18, 1991 you will be asked to consider a side yard setback variance requested by Tim and Beth Traff for construction of a new residence at 2683 North Shore Drive, next door to our residence at 2685 North Shore Drive. Since we will be out of town on March 18, 1991 we will be represented at the Planning Commission meeting by our attorney Robert Mitchell. The purpose of this letter is to tell you that we oppose your granting this variance, to point out three factu al inaccuracies in the Traff s' application and to explain why we think the variance requested should not be granted. First, the application states “both neighbors on the east and west side of the house approve of our plans". Th^t is not true. Not only do we not approve of the Traff s' proposed plans, we did not even see the plans until after they were hied with the city. Tim mentioned to us that he would be requesting a variance and told us that he would ask for a letter of approval. He never, however, asked us to sign such a letter. The second factual inaccuracy in the application is the statement that "There is no question that a new house in the middle of the property and using 15-hot variances enhances the land and neighbor ing homes. There is no crowding or encroaching on the neighboring homes," While the current small house at 2683 North Shore Drive does not necessarily enhance our property, putting a different, larger (in volume) house closer to ours obviously will detract from the value of our property, not enhance it. The third inaccuracy in the application is the suggestion that Orono will cause the Traffs a hardship if Orono does not grant this vari ance. We are delighted that Tim and Beth are expecting a child, but suggest that they could simply move into ~the-home that they ~own directly across the street if space is what they desire. Jn 1984 we bought one of the oldest homes in Orono. Since then we have worked and studied to maintain and preserve the historic eharcter and natural elegance of our home and this area. We treasure Orono's rolling open spaces and wetlands and the 2-acre zoning which guards the openness and the lovely views of the lake from the street along the north side of Crystal Bay, . . .. . .--- _ __ ■ -g > .♦ - -I'kAi •.kh. fkM ■■'i' if ■ i "r V > . PiQ6 2 In collabontion with Aria Lindberg at Noerenberg Parkt and Jane HacKennon at the University of Minnesota Horticulture Departmentt we have landscaped our property with historically and environmentally correct plant materials along the shoreline and park borders. At considerable personal expense, we have also carefully restored the old Gluek water tower, to preserve for this community a wonderful old landmark. Hhen we bought our home in 1984, we bought a fine home, on a beauti ful lot. In an area with a 2 acre minimum lot size. He knew, of course, there was a small house on a non-conforming lot (it is not 2 acres) next door. The house was, however, the maximum distance away from us and it therefore represented the minimal negative impact on our property. The Traffs too understood the limitations of the property at 2663 Horth Shore Drive when they bought it and so have accepted its nonconforming nature. In light of our concerns and our reliance on your land use rules, we are opposed to having a large house wedged onto a nonconforming lot (1 acre lot in a zone which requires 2 acres minimum) next to us, particularly as the Traffs own two lots and a large home directly across the street from this small lake lot. It will change the character of our neighborhood and we do not want that. In addition we do not see any hardship for the granting of any side yard setback variance as required by your ordinance. The Traff property can be gainfully used as it has been for many years without the granting of any variances. Happily the Traffs have attractive alternatives to the situation. They may either move across the street to the property they now own there, or they may maintain the harmony of the area by maintaining the existing size home where it is and which we neighbors have ac cepted, or they could keep both with the smaller house becoming a guesthouse. Thank you for your consideration of our position. Sincerely yours, . Jim and Pat Mitchell CC: Jeanne Mabusth Bob Mitchell : Tim and Beth Traff 0 • > r I (we) s, Adjacent Property Owners' Acloiowledgenent Form ■f-cLtSLP of s^o<k. i5p-', [print address][print nime(s)] ^ 4-ho nian^ for the proDOsed improvement or proposed use of the roper^y'Tolat^ Application No . ^ J in executing this acknowledgement, I (we) am but merely uo co.f---^ ‘ ^ i-he oroposed neighbor's project or usethe improvement plans and that the proposea nexg requires Council approval. Property Owner Date I mmmrk******************************** 0^ £c. - [print name(s)] //s fi4L sl\or^ > - [print address] have reviewed the plans for the $5°?/®®/ i?P^°Yro"ref^ property located at referrec to Application No of the Use I (we) understand that in executing this -f (are) not as)ced to declare-approval j („e) a« (a're) aware of th^ rp^oS^erenT^^^Ts'rnd^^Lfrhe'^roposed neighbor's project or use requires Council approval. ^ Property Owner -J-J-V Date Pr6perty Owner Date 1, you have any information that may assist the "s this Lan^Use Application, please Zoning Office at least 10 days prior to the scheduled meeting { ^'1'iM'OTHY ' i2.Arr- r. • » HARDCOVER CALCULATION WORKSHEET • •• < m • • A.■ H ouse . _ X • S.F. LENGTH • • • WIDTH .. . •• • •• • ____ X S.F. •• •. X • 52 , t • • • • S.F. • • •• • ••X •3 S.F. • • • . X • •• •> S.F. B.Garage • X • s ■ * **S.F. • • • • «• C.Driveway ____ •X s S.F. X • « a -• • • S.F. ••• A • « D..: #• • • Sidewalk / * ■ • • ik • X • • • •• •a « S.F.' • X -• • • • • • ■ S.F. V '• • . X • • _ S.F. E. • •• Jatio/., . .. . Deck . • • ^ X • • • * • • * W 1 — j aVi • • ** •S.F.^ • • ^ f.Undscape • X • •« • ** 3 S.F. AREAS LNDERLAIH nv * . ^ • X •« • •• ^ rs S.F. PLASTIC * SHEETING X . . • ^ 3 • . • • * S.F. • # • • • X • •• . S.F. • G. Other • • X a » .. .. ., S.F. Total Hardcover in Zone Total Property Area iirZoiiE i?3S S.F S.F ^-/9- 9/ SETBACK ZONE: (CIRCLE* c;ie)(^-75O/5“250' 230-3C0' 5C0-iC00' . Existing Hardcover in Zone =fc i2:B ^ ^3S > X 100 % »• • MoTfe.1 K40 HAkit:? CO^E:IL U06ATE,t^ iH t‘il***^ 3-OU^ . •• *••• f - V yj i. • ‘ ♦ kkivitB.arrM.J HARDCOVER CALCULATION WORKSllEEi SETBACK zone: (CIRCLE'one) 0-7^'" 75-250;^250-500^ 5C0-1C00' Existing Hardcover in Zone A. ■ House x '5‘72. 9 c -• ‘ S I r I LENGTH ^.4* WIDTH X -4?P'-/ ^ h ’2>.-7 20. S 4 ^= r97. / "'v'Garage X : X . X .22?. 7? • O S.r. • • _ _ _ _S.F, __ _ _ _ _ _ _ S.F. _ _ _ _ _ _ _ S.F. . rr-j / t ( 4 ^ c. Driveway exHCiL. 'bUACJctOf' A . • D., Sidewalk ' X _ X _ •• • X _ n*7 / 2 / S l.'l = y 4-ft ■ o = 2 47 S.F. S.F. •• S.F. « S.F. I S.F. l-‘ >-j-.i.—s • (■ >• • ’H5 20' o PC 3-0 •. O 4 . '=> X ® S.F. eETAlMiVite, PATtOT*I^u-. o *5 X. . \o6 ^ ^ =-...._.‘57*4 • UjAu- .Beck * r v -au - .i.o ^ &-? ^ ' -■ X , - ____________ SiF« coMc. ueocie, ..c.,*s X ^7 ••• •i . ..y R co 4c 6WIT^f* Landscape AREAS underla in , ^ B¥- • , ^ ■FtAST+C ‘ SWEEi-fHG ' . o • • . /s.s S'4. 4 S.F. /7. 9 ^2. 4 S.F. .‘f •y''. ^ to • oTHSti, eocic S.F.' <( 2 7-7-0 Ucop -=yrAiu.-> G, Other 1.7 X *^'4 2.^ ’ X t-o. e> 47^ 7 X 4 ■^. o X '<3 '• o Total Hardcover in Zone ---i ^ _ A V . / o7S.F. Total Property Area in Zone 2 0:?2 7 's.p. ^ \/ s(V ,A> 7 ^ ^SSS'.S -rT\2a,927 X 100 - . 3P.?C ---% ' 'f" /7 /^”p {K'v//X V . % ^are: f^/^r 2 .. ’ HAA^CCUf^ £ OT/ffti /2/S S.K /'u^4CL ___________A • • • ssyj. 3 T - 2 J. 58 Vo t P U/ L%»4 f -V 1 .T i^Xnr7N^ •7s~2sa ' aa€A- - u>,9i.-?~ ......A>£,ai«s I+-.C //L^j£>-------^>—2^frO^ 1^*7^ daNc. SuA>& j/J4r Li^^grc^_______ >-^s7r !#■ ^ga forej^__C'!r-z^'')('fir<^ vrg~ ^— ZS32.________________/'-+CJU Off/U&ca JAT .. r *^7 7 ---------------------------------------------------------------------- fAr?o/^*t>: 06fi/f^c» _.. .. _ ------------------------------ ] ^£TZ3 —^C^-t-^a--:^o --------———— 1 .irx/i<,vr-V9// S2.Z^ ■ // - 3 2-r ?X. -n:? __________________—~ -■ . ' -»■. »• •• .•'.. '• I r>yfju^?x)iry /^ 7 2- -------------------- _X_ -----L^- * ------- • f >*' • *'- ' -'- -,— - jt-e. 'Jj 1 L * Plnnning Commission Members Doxtcr Marston. Zoning Administrator August 10, 1973 Subdivision John H. Cross r LOCATiun; 26aS North Shore nrivo CURRENT lAND USE: One main homo and one smaller y^cst om CURRENT ZONING: R-IC (one aero) PROPOSEJ LAND USE: One acre CUMKKUlibNSiVB ^LAN: One acre Recommend approval as TO: PROM: DATE: SUBJECT: PETITIONER LOCATION: alternative ACTIONS: 1. 4L • 3. 4. Recc"mcnd approval with conditions Table request until the moratorium has been liftedRecommend denial - state reasons staff REPORT: Plat Analysis Proposal Gross area Total lots Kln5aua lot area Minimum lot width 3.28 acres 2 1.17 8 2.11 140* 8 243* Required NA HA 1 acre 140* Thf petitioner would Comprehensive nan^SJcsontlyThis area is toned for one acw lots and ou ^ but it is Jn^dVr! Irl7s :SS?d*Sr;il?!nT il Tcotauion of approval, CO connoct both houses to sowor- B.MU5. Of th. Width re,ulr...nt^r . »"» 0 portion of LS^by .ns.o.nts for th;it attempt to tectifr the Sd swirnming pool. Before SL 'J. Lr* “W St!«oyr.«.rdin, th. l.fllty of this proposal. 4- -• -4 t.’ "- * — - » « mm •m * •. • * <r«*^',l i - y*¥jL^ ••§r ^ros5- V-T^l ■:':rT g r. rit • « 3^: ^i/t?i / . • ••** ^ r • -:* ‘ • •>• *•' • ^ :. • «• t »*• V4;;* •• a ?• j'l- •V .- .v . ,- ••■ »■ V>:« r * ^4 • 4 ^ ; ■'^.v. ,■ /Ho L ■ ■■ If r~i--~^-'^-^''^' kmMJ / fc I--'"■'■■>■ H ‘<#t. • * -•?*■ *. :> A * s '•'I • » • 7 ' ■ /. • ■ ‘ • : ■*■!:• .'* ‘ •’‘^’•;*jCf'’‘ ' : t • . ’ . * M : ♦ /• •* .1' r*'c -• • •• • *^ * V * ! '* * ' i-liui . • - • .:•' ' • u-*.-,. ••»■'*.j • *..‘/vT.*** t. .**•■'* ‘'i. .*v • •• ••* • 4 ^ •>» 4 • • ...A •.;* . . *• ;,. ^.^‘V• , .'^r.i . .vjui y --• f. • ^ •. «• - % • % . • • %i % • • . •« ••• • • JT‘ • • •fc • . . f.' *- • • • • • ••..• i ■*. iK. m: .1 *v .-: * ^ ^.V :^ . - /jA•r f-i 3 • .u. •?. • . ♦ - fl^'. • •■r*VV-* ,N, f-v •>- .. ' .* lliflJTZS OF A HBCULAK MEUTIMC OCLD AUCUST 27. l'J7J BuUcr moved, rtels-. the vorUnee to a„riicai.t '!'’r?^!l}!.''!“iintlc’jvJten that IJ acccp XW«A«t w Porndele that ii acceptable “S ih>¥ & «;,“•to t..« jricdlanc' t:,at a buildioh S?en“?l”? a'larUoce »« ‘^^tJ^dne"" «tb»cU requlTCinent >';»“ 2t tK? Ts»' L.ed en^ r^tifiont Tercif-%s (0). Duller moved, Welsh «”"f jJ?s’RS”h° division o£ John Cross «.un^ Sh«fSriie. wi‘1; ‘l«„!;ffr,r?^aS^ 0?%£ Wo further »“fc«»‘»l“'if,.’'i;ir;?tv on the for the remainder of Sj.s'-Jkc, to lakes.ioro area. ’, “ ^out creatine an ra ‘.'««t’'i*nt ciuid be sutler moved, Welsh Sf D?con, t'lo ciiJiigos as shown on ^ appu2!rt"pijiiJe ‘i«l"'y^??irsSbfnt maUo by the Council. lotion, Aye,, i. j iJnyS (0). UutloT nved, Welsh seconded, to RosolStion 1504, A Resolution APP«»i"l! The Vacation Of Park Avenue And Adams Street. Motion, Ayes (5) - Nays (OJ. ?,?‘»£.3n?i;;s«”ir‘bS!^“iisrbj"?|jed uitAin 30 d.iys of today’s date. Motion, Ayes (3) - Nays (0), S'j;ik“;rn!:minKr^,jn’Airor.e?^ J;lea tJ) - "Ay* (»’• 5-J^ rngo 2 VARIANCE i FINAL PLAT 104 3 V/cst Ferndale Road division 2685 Nortii Snore Drive DICON ,2425 North Shore Drive resolution #504 Vacate Park Avenue »» Adams Street REMOVAL OF BARN ANTOINE PARK • • • tiaa.ij«.il9e9 i' vr i“!ii[<t^‘tiii ill^ I Ml fftHi I . */:*l 'M t • • • '•#•* • •► ♦■S . « ' .* ^ * ,-./.* ^ .'■ ■•.-' ■ -tf ‘ ,. . V • • \^- i» ^ *»i* ^y- ,-v.-;*^«,’ -j . v,s |. . • ;. ' • • %v «,-;•«■• %^*^-^ •^. *••*«-.•. ■.»** -:‘ ‘ ■-• .•• ’ *•• »•'-•»*■, . i V. - . ,* ‘ ... ' ■ ■ . ^ ■•. '■ ■- * ’ . • •. ■ ■ . ■• • .-. .►'’■•-«*;'T V #,•«' V. TOl Janes Cosby^ City Adninlstrator FROM:Dexter Mareton, Zoning Adnlnietrator DATBi June 21, 1974 SUBJECTi Final Plat - John Cross • 268S North Shore Drive Mr. Cross appeared before the Council at the last meeting and the approval of his final plat was tabled. Since that time, I have consulted with the Hennepin County Highway Department regarding their request for an additional 17* from th:» center line of the road for right**of'-way purposes. Mr. Jim Taylor, of the Hennepin County High-* way Department, stated that the reason why the additional 17* is necessary is that State standards require a certain slope in the ditch and in order to meet these standards a 20* wide hardsurface road needs a 100* wide right-of-way. Farther to the east, the Council did require the OiCon Subdivision to include the additional 17* from the center line of the road in their plan and this subdivision was approved within the last few months. Regarding the subject to a park fee for the subdivision, I consulted the Assessor, Mr. Walsh. Attached is a memo from Mr. Walsh and it states that this property has been taxed as if it were two parcels of land. Since the intent of the ordinance is to make new homesites pay for any additional park land that their presence will necessitate, it seems that the park dedication could be waived in this situation. The Council approval given in August of 1973 asked that the property be checked for any existing easement. This has been done and there are no east west easements through the property for any road purposes "■m Effi ] 4 IXNOTBS OP A REGOLAR IIEETING HELD JDIIE 25, 1974 pS^rs^o, rC&S^“S»-Tr^"“ Ay«« (4) - VMym (0). Cooneilaan Wa*««ngal© returned at 8t20 P.il. Butler Boeed, Paurua seconded, to grant a variance to the Boratorium and approve tne aianle attbdlvlaion for Hr. Hollis Djmn located at 3565 Watertown Road on the condition of submitting the 5% park fee Md approval of septic system design. Zlotion, Ayes (5) - Hays (0). Butler moved, Paurus seconded, to grant a variance for Paul Pohle, 2789 Pheasant on two conditions* 1) land drainage shan not be changed, 2) garage shall be moved, notion. Ayes (5) - Nays (0). Welsh moved, ciassengale seconded, to deny the variance for the John Ilonahan property located at 2237 Shadywood Road. The lot in question does not meet soning standards such as lot sise and setback requirements. Notion, Ayes (4) - Hays (1). Councilman Butler Nay. Paurua moved, Butler seconded, to approve the variance to the lot sire for the owned by Albert Burkhalter located at 106o ^ma Linda, notion. Ayes (4) - Nays (1). Council- utan Walsh Hay. Butler moved, Paurus seconded, to .. {^•gistered Land Survey for John Cross, 2685 Nortn Shore Drive, and waive the park fee. approval is subject to the review of tte City Engineer, ilotion. Ayes (5) “ Nays (0). Page 2 PURCHASE PARK LAND Larson Property SDBOXVZSZON 3565 Watertown Road VARIANCE 2789 Pheasant Road VARIANCE 2237 Shadywood Road VARIANCE 1066 Lome Linda REGISTERED LAiTO SDRV 2685 North Shore Dri Paurus moved, Butler seconded, to approve Ordinance No. 165 which extends the raoratorixm as stated in Ordinance No. 149, until September 39, 1974, unless repealed by Council action. Ilotion, Ayes (5) - Nays (0). ORDHTANCE NO. 165 :!oratorium Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Date: Michael P, Gaffron, Asst Planning S Zoning Administrator March 12, 1991 Subject: #1627 Samuel A. McCloud, Record Lot 22, Big Island - After-the-Fact Variance - Public Hearing Zoning District - RS, Recreational Seasonal Application - After-the-fact request for hardcover and structure variances in the 0-75' zone. List of Exhibits i'- r 7 Exhibit A Exhibit B Exhibit C Exhibit 0 Exhibit E Exhibit P Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M - Application Letter of Request Plat Map Property Owners List Request to Adopt "Automatic Lot Area Variance Survey Deck Plans (as-built) City Engineer's Comments Hardcover Review by Staff Photos 8/90, 1/91 Letter to Saim McCloud 1/23/91 Letter to Carter Delaittre 2/19/91 Re: Application #889 "Automatic Lot Area Variance" Resolution Pertinent Code Sections - 1. Section 10.55, Subdivision 8 - Prohibits grading, hardcover and structures within 75' of the shoreline. 2. Section 10.31, Subdivision 9 - In RS zone, allows no excavating, filling, hardcover, temporary or permanent structures within 75' of the shoreline. Limits hardcover to 25% in the 75-250' zone. 3. Section 10.03, Subdivision 19 - Prohibits changes in grade or construction or alteration of retaining walls, without a conditional use permit issued by the Council. 4, Ordinance 39, 2nd Series - Waived fees and allowed staff to issue permits for repair of the 1987 superstorm lakeshore damage, effective 7/27/87 through 8/31/87. 1 1 f Zoning File #1627 March 12, 1991 Page 2 of 5 lary - Applicant purchased the property in 1985. The 1987 Super Storm caused a slumping failure of the lakeshore bank. The applicant hired an unnamed contractor from "western Minnesota" to build an addition to the existing cabin and build the retaining 1/stairway/deck system. The contractor obtained no permits from the City. This construction work was found by the City during the 1990 septic system inspections of Big Island, and the property owner was duly notified of the violations. The Building Department is treating the after-the-fact permit application for the cabin additions as a separate application, not requiring a variance. The application before the Planning Commission is for after-the-fact variances^ and conditional use permit to allow the retaining wall/deck/stairway system to remain as-is. Pertinent Pacts - Prior to construction of the existing deck/retaining wall/stairway system, a stairway approximately 4' wide and 40' long provided access from the lakeshore to the residence on the property. The steep bank merits some type of stairway system to provide access. Hardcover with this previous stairway is estimated at just over 1% of the 0-75' zone. Exhibit I indicates that existing hardcover in the 0-75’ zone is approximately 10.9%, including all portions of the deck/retaining wall/stairway system in the 0-75' zone and landward of the 929.4' elevation. A portion of the hinged deck extends lakeward of the 929.4' elevation. Such structure appears to be prohibited by LMCD regulations. Section 2.12, Subdivision 2 (B). 3.The applicant hired Edgework Builders to provide an after- the-fact plan of the retaining wall system, however Edgework Builders was not involved in the original design or construction of this wall system. Staff would request confirmation from Edgework Builders that all of the cribbing and deadman construction as shown on the plan is in place. City Engineer Glenn Cook has visited the site and viewed the structure, and has recommended the following: A. The majority of the deck should be removed. B. Portions of stairway and deck walkway could remain in place to provide access from the shore to the cabin. A Zoning File #1627 March 12, 1991 Page 3 of 5 C. The retaining walls will need to be modified because they are already shewing signs of instability, and because in some locations the overlying deck structure to be removed does enhance the stability of the walls because they are so high. In discussions with the Engineer, staff determined that one optional solution would be to lower the portions of retaining walls exceeding 3-4' in height, and add additional walls between the remaining walls. This would likely provide the necessary stability while allowing spaces for additional plantings * help screen the walls. Additionally, this woo!.; ^ . minate the need for railings extending upward from r sections. The storage area adjacent to the main sta.yy'.y would be eliminated. The final hardcover in the 0-75' after these reductions is estimated at less than 4%. Discussion - Please review the applicant's letter of request. Applicant points out five specific useful purposes for the structure as built, and indicates that the topography and obvious potential for bank erosion create a hardship situation that warrants the variance. While a number of trees tend to somewhat soften the visual appearance of this structure as viewed from the Lake, there is no question that this type of deck structure is in total non conformity with the letter and intent of the zoning code, and further, does not conform with various land use policies contained in the City of Orono Community Management Plan. The City of Orono has a track record of requiring pre-existing non- conforming lakeshore structures to "de-intensify" or disappear as they fall into disrepair, and approval of new construction and hardcover of the magnitude of this structure would be unusual in the 0-75* zone. Additional Issues - In 1983, Orono rezoned Big Island and defined "Record Lots" which recognized historic patterns of use and ownership, intending to keep substandard, commonly owned lots permanently in common ownership. Record lot property owners were offered the opportunity to be granted an "automatic lot area variance", generally allowing them specific continued rights to use their properties for standard single family seasonal recreational uses. . 4 \ ft L-’ i >; Zoning File #1627 March 12, 1991 Page 4 of 5 The McCloud property was owned by Eugene Nelson at that time, and common ownerships involving Nelson's relatives ultimately resulted in the current Record Lot designations. The automatic lot area variance documents were never finalized by Nelson, however, during his sale to McCloud in 1985, it was determined that a lot line rearrangement subdivision was necessary to properly allocate the lakeshore between Nelson's property and Record Lot 16 to the south (please see the 2/19/91 letter to Carter Delaittre). The 2/19/91 letter summarizes the history of Subdivision application #889 which was recommended for approval by the Planning Commission in 1985 but got stalled out at the Council level due to the neighboring property owner's objections and lack of followup. The City would have granted the automatic lot area variance as part of the subdivision approval had that subdivision been finalized. In the meantime, the City technically cannot issue any building permits to McCloud until the automatic lot area variance has been granted. It is staff's position that, while the defined time period for "automatic*’ lot area variances has past, the City has been fairly lenient in holding to the time limitation for other Big Island properties as long as other issues are resolved in a timely manner. Approximately half of the property owners executed their automatic variances in 1984. The rest have been dribbling in over the years as properties are sold or as property improvements occur. Staff Rec ndation - Staff recommends as follows: 1. Approval of land alteration conditional use permit and variance for retaining walls subject to: a) Removal of all decks except portions necessary as walkways between stairways. b) Modification of retaining walls to eliminate all portions in excess of 3~4' high, applicant to submit revised plans for City Engineer and Planning Commission approval of additional walls to be constructed between remaining walls. c) Maximum allowed width of remaining walkways and stairs is 4'. P^V ft • Zoning File #1627 March 12, 1991 Page 5 of 5 d) Applicant to submit a planting schedule to provide for vegetative screening of the remaining retaining walls. Such schedule shall detail the type, location, number and size of plantings. Upon approval by the Planning Commission and Council, such planting schedule shall be adhered to with completion of plantings within 12 months of completion of retaining wall modifications. 2. Approval of a hardcover variance only for the retaining walls and 4' walkway/stairway system (hardcover percentage to be determined when revised proposal is submitted/approved ). 3. Recommend Council adoption of "automatic lot area variance" resolution in conjunction with resolution of after-the-fact variance application. 4. Applicant to obtain necessary after-the-fact building permit prior to modification of the retaining walls and stairway system. 5. Deck near the house shall be modified to eliminate all portions encroaching into the 0-75' zone. 6. Recommend that Mr. McCloud and the owner of Record Lot 16 jointly request (in writing) reopening of subdivision application #889 at the City Council level to resolve the issue of the strip of shoreline in front of Record Lot 16 for which McCloud is still fee owner and tax payer. 7. Table application pending receipt of revised plan for walls and stairs/walkways and receipt of a planting schedule. The above recommendations constitute a partial approval/partial denial of the requested variances. If Planning Commission feels that special circumstances justify granting of additional deck areas or walkway widths, please give applicant specific direction as to those parameters. I i in nfifTfiini I STl tin IJifc iii lll ■ifii CITY OP ORONO - VARIANC2 APPLICATION H ^\ .^'C^ $ 4 Initial Application Fee $175.00 // «-—'“ ($50.00 per each additional variance) Renewal Variance Fee $100.00 CITY CF (no change from original application) ut-niE After-the-Fact Fees (Double application fee) _ _ _ _ tv, •• —"-*.i Xlt w'w‘V*V «W«*/ •• PROPERTY LOCATION i-ECEIPT-lE^K fillj ^ r,.\z' - *•rrwT, i A < »f i:-V' wvva nwa * ' Site Address Riry Tsiand Record Lot *^2 ----------23-117-23-01-0013 2?Tl7-23-01-0015 _____/t> T n ^23-117-23-01-0014 22^17-23-41-0001 required survey. ___________________________________________ *’ Phone (home) 533-962], applicant , Phone (work) 542-9801 ------------Name Samuel A. McCloud_________________________ ,, i;!; City: Minneapolis Zip: SS41Q----------a>4r=lrpss: 5101 Highway 5s ----------------- ^____________________________________________ ^Si^'af’differeat'tharappUcant:) Phone {home)_-------------------- Phone (work)__________--------- Name same as above.________ —------- <7itv: Zip:-------------------- Address:__________________________^ ----------------------- Date Property Acquired Aoril, 1985----------------------- (month/year) I ?J«jq (do not) also own the adjacent _ _ _ _ _ _ _ _ _ _ _ PRESENT USB OF PROPERTY Present Zoning District seasonal Recreat^onaj^_------------- , Residential Present Use of Property -----------‘iif.inianftL-------------------------- .1^ ___________ Other (specify) __________________~ Estimated Construction Cost ?30,000.ffi_ Describe request in s.t.i 1, af,»r-rhp-f«,-f v.rianrp frca a-T'i' onffor retailing .W...V.wav structure (See .ttachad stateeent). - -- VARIANCES REQUIRED ______ Lot Area _____ width _jc---- Hardcover Setback Variances t Front --------- Side Other Setback - lakeshore - "— “ " 'I BARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; steep slope on property suffered erosion damage; potential for further erosion damage v/ithcut: remedial actiicn taken? DESCRIPTION OP UNDSDAL PROPERTY CONDITIONS has expended considerable sum to protect hill.. , . trom tUrtner aamaae. ... _w- w ,, , from further aamaae. ... _ .Describe unusual property conditions prevenring compliance with Zoning Code Requirements: see above and attached statement. 2. p 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 8ij’'xll" for reproduction), Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Ji"xll"). S)cetches 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. €. 7. 8. The Applicant and Property Owner must sign this application. Please remember that your v^lri^u^ce application is not complete if the above infomiatioii 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 Jcnowledge. Applicant's Signature Date ONNERS 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 7/71/q; 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 Canmission 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 4 Zoning Office of this change prior to the meeting. I m ’» $ * ADDITIONAL STATEMENT SAMUEL A. MrCLQUD VARIANCE APPLICATION I am applying for an after-the-fact variance from the City of Orono with respect to a retaining wall/stairway/deck system that was built on my property in 1987. 7n particular, I am seeking a variance from the application of city ordinances that restrict structures and hardcover within 75 feet of the lakeshore. I purchased this property in April, 1985. The property is located on Big Island and faces southwest. Most of the property is gently rolling and is situated on a hill above Lake Minnetonka. The portion of the property that is eijacent to Lake Minnetonka is very steep, with an angle of approximately 30 degrees. There are several large trees and other ground cover located on this steep slope. During the "storm of the century" in July, 1987, a massive portion of the hill adjacent to Lake Minnetonka washed out. taking with it the stairway which extended down towards the shoreline and two (2) large trees. The aftermath of the storm resulted in an extremely sharp incline down to the shoreline and a bowl shaped depression in the hill. Shortly thereafter, I hired a contractor from western Minnesota to build an addition to the existing cabin and to build a retaining wall/stairway/deck system to preserve and strengthen the eroded hillside, provide access to the shoreline and prevent further damage to the hill in the event of another heavy rainfall. The contractor provided me with a bid for the -k •'■•I » .J f- • < • J 1/ ■*v 0 i .)3 ^ retaining wall/stairway/deck system which, I was informed. a-.* • I * ^• * ,9 • •! '.i/ included the cost of all permits to complete the construction. The contractor also told me that he would see to it that all of the proper permits were acquired prior construction. Obviously, to surprise I have now learned that the necessary permits and variances were never obtained. I am requesting that the City of Orono issue a variance so that the present structures, as constructed, may remain in their current state. This includes the retaining wall/ stairway/deck system on the hill adjacent to the lake and the deck located next to the house, which barely encroaches into the 75 foot setback zone. The topography of the property, the washout of the steep Fl/.-e the destruction of the stairway and the loss of two trees created a hardship situation that warrants the variance. Obviously, I was not responsible for creating the washout of the hill and the associated damage. I was faced with a situation whereby a heavy rainfall in the future could further erode my property and could ultimately place the home on the property in jeopardy. The structures, as built, serve several useful purposes that warrant your attention: 1. The retaining wall system is necessary to control soil erosion and water run off. The retaining wall system is more efficient in this regard than other systems, such as those that use erosion blankets. With the use of erosion blankets, there is a greater chance of rainwater flowing directly into the lake liiiin .t : f a.- “"/ ,/ ^ .J J J tSM-AS* and erosion of topsoil into the lake. Furthermore, erosion ■' ••■J blankets tend to be temporary measures and their effectiveness is dependent upon the ability of ground foliage to ultimately adhere to the hillside. On the other hand, the retaining wall system creates pockets and terraces for the water to collect and percolate down through the soil and creates barriers to halt the erosion of the soil on the hillside. In addition, retaining walls are not temporary remedial measures but instead are permanent solutions to the particular landscape problem. 2. The retaining wall/deck system actually promotes the purposes of the hardcover ordinance by assisting the slow, methodical percolation of rainwater through the soil. The spirit and intent of Orono's hardcover ordinance, is to ensure that rainfall run off will be cleansed by filtering through m grass or vegetated yard areas before entering the lake. Without the retaining wall/deck system.rainfall would most certainly v»ash down the steep hill directly into Lake Minnetonka. On the other hand, the retaining wall/deck system impedes this direct flow into the lake by causing rainfall to hit the horizontal deck area, collect on the deck and then pass through the openings between the deck boards, much as if the deck were acting like a coffee filter in an automatic drip coffeemaker. This process decreases the amount of erosion and also allows the rainwater to seep more slowly into the ground. 3. The retaining wall/deck system provides protection to the trees on the hill by controlling erosion and the loss of soil around their root systems. It is important to note that 3 i . :4. no trees were removed from the hillside to accommodate the construction of the retaining wall/stairway/deck system. the contrary, great care was taken to build the structure around existing trees to ensure their longevity. 4.The zig-zag" design of the stairway is necessary because of the extreme slope of the hill and provides a safer means of descent to the lakeshore. The drawings submitted along with this application show that the hill drops 17 feet over a 36 foot span. This creates an angle of 30 degrees. The zig-zag nature of the stairway and he landing room on the deck, afford more protection to an individual if he were to fall on the stairway. 5. From a purely aesthetic standpoint, the retaining wall/stairway/deck system does not jeopardize the integrity of the locality. First, the entire structure is made of wood and has remained in a natural wood color. Second, during the seasons when Lake Minnetonka is most heavily used, the entire structure is not readily noticeable from the water because it partially concealed foliage the hillside. Furthermore, the structure is not visible to a good portion of the main body of the lake since the property is tucked back into one of the bays that comprise Big Island. Finally, much of the horizontal decking material is not visible from the water since a good portion of the deck is located on top of the hill. For all of the above reasons, I respectfully request that the City approve my request for a variance so that the retaining wall/stairway/deck system and the deck next to the house may remain in their present positions. 0 4 . A.Ijfll ft. . . ... lUlAtfW ^ -- - ; vH '?• >V-i • * ! .• < niN bkVE oznt/n >i •! J ij f :*••> i’ : ' i vVC ■•.’•» 'Cl. ;«• ■ r* r? V ; rCivV BATCH 002- -i? ! i ■ { < ‘ : ■ >i A ‘ . ' ' - J: HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OI#CRS LIST ' / ^ iti'58 22-117-2514 0005 PROP ADDRlI {00038 ADDRESS UNASSIGNED% • u i:i 0»tCR NAME! HErM CTY-PARK RES DIST * i * T f TAXPAYER I HENN CO PARK RESERVE DIS :!• I NAME/AOOR 1'; i: ns t ' PROP AODR I 1 0HT4ER NAME TAXPAYER ii •; *1 {• KAME/ADDR ii'1t : ■ i’; P 0 BOX >296 MAPLE PCAIN MN 5S359 . t , ‘V|c •:> • i - M ' • V . : 58 ^ 25-117-25 32 0010 ^ 00056 ADDRESS UNASSIGNED VICTORIA NELSON ' BIG ISLAND PROPERTIES • 5553 GAMBLE DR SUITE 106 ; MPLS MN 55416 ;• J I . I.? 1.; V . 1•1 ; I \' .1 i ■) \ V '♦:« j .r ’ • $•u PROP AODR i ONNER NAME ^ TAXPAYER .*1 58 25-117-23 32 0013 00058 ADDRESS UNASSIGNEO SAMUEL A HC CLOUD , SAMUEL A MC CLOUD ij NAME/AOOR M LAH OFFICE ' 5101 HIGHHAY 55 ' MPLS MN]. 55422 i f .j h • ] \ •I H ) ‘ t • •* 58 23-117-23 32 0016 00056 ADDRESS UNASSIGNEO TIP HATta TED R HANNA \ 14115 KNOLLNAY OR S < ili MINNETONKA MN ' 55345 ’ > I.} ■' , <; ■M ii'i'p. * i •»I . r ;!u ■»' t PROP AODR ' ONNER NAME ..TAXPAYER NAME/AOORw *; I i- Vi l it! 5B 25- I » • i 1 > * PROP ADDR •r »*• ii1 ONNER NAME TAXPAYER NAME/AOOR 117-23 32 0062 00058 ADDRESS UNASSIGNEO J I C PANOZZO JOHN PANOZZO ^/ I 1 t’;'! < STAR RT BOX 9595 BRAINERD MN 56401 fi> 'fji. iJ»..V Vt- . , ; Cjj ijjV' ft! »1ij I [' ']•il.r i- I'-- ■ V; li ( 1. t i, :» V 38 22-117-23 41 0001 00038 ADDRESS UNASSIGNEO EUGENE A NELSON SAMUEL A MC CLOUD LAM OFFICE 5101 HIGHHAY 55 MPLS m 55422 38 25-117-23 32 0011 00038 ADDRESS UNASSIGNED VICTORIA NELSON BIG ISLAND PROPERTIES 5355 GAMBLE DR SUITE 106 MPLS m 55416 36 23-117-23 32 0014 00038 ADDRESS UNASSIGNED SAMUEL A MC CLOUD SAMUEL A MC CLOUD LAH OFFICE 5101 HIGHHAY 55 MPLS rt4 55422 38 23-117-23 32 0019 00038 ADDRESS UNASSIGNED EUGENE A NELS0I4 EUGEf^E A NELSOtl 2115 E 36 1/2 ST MPLS rt4 55407 , ^ i38 23-117-23 32 0070 00038 ADDRESS IIMSSIGNED ROBERT M MCAULIFFE ET AL ROBERT M MCAULIFFE ET AL 1855 KILMER LA N PLYMOUTH 4»N 55441 41I , 1 ‘.1 . ladBi * . r I ■ ■'ll"REPORT NO. PI455901 PAGE 8 I 38 25-117-23 32 1)002 00038 ADDRESS UNASSIGNED GERTRUDE V NELSON BIG ISLAND PROPERTIES 5353 GAI1BLE DR SUITE 106 MPLS IM 55416 38 23-117-23 32 0012 00038 ADDRESS UNASSIGNEO VICTORIA NELSON BIG ISLAND PROPERTIES 5353 GAIBLE DR SUITE 106 MPLS m 55416 38 23-117-23 32 0015 00038 ADDRESS UNASSIGNED SAMUEL A MC CLOUD SAMUEL A MC CLOUD LAW OFFICE ; i 5101 HIGHWAY 55 * ' MPLS MN 55422 ' | !V : n 38 23-117-23 32 0020 00038 ADDRESS UNASSIGNED FRED A BRUNTJEN FRED A BRUNTJEN MGT SALES t PROPERTIES 5353 GAr«LE DR STE 106 MPLS MN 55416 I TOTAL BATCH I f • t 002 CLCI4 A I • i* ; ; 6 I \ • •’ i 1 . ■; I , i! f* ' • <1 * • I tn (i ki ’ 4 ♦ !■ • M % M • t .1 ,\ f • f* I n CITY OF 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 applicaricn fee) 77' X ^ '.J A? & PROPERTY LOCATION Site Address Big island Record Lot »22 23-117-23-01-0013 23-117-23-01-0015 22-117-23-41-0001Property Identification Number (P.I.D.) 23-ll7-23-oi-ooi4 Attach legal description to application if not included on required survey. APPLICANT Phone (home) 533-9621 Name Samuel A. McCloud Phone (work) 542-9801 Address; 5101 Highway 55 City: Minneapolis Zip: 55440 OflNER (if different than applicant) Neune same as above. ___ Phone (home) Phone (work) Address:City:Zip: Date Property Acquired Apri1, 1985 (month/year) I (do) (do not) also own the adjacent parcels of land PRESENT USE OP PROPERTY Present Zoning District Seasonal Recreational Present Use of Property Seasonal Residential Other (specify) DESCRIPTION OP P7Q0BST Estimated Construction Cost $ Describe r> *ji>t,t in detail: ain-r.ma«-ir- lot area variance and com bination of tax oarcels. _____________________________________________________________________ VARIANCES RBQOIRKO Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other Lot Area Variance Jl 7 iii M M Bones troo Rosene Anderlik & Associates Otto G Borettioa VV PE Joseph C. AfxJerili. PE Mefv»n L Sofvw PE E TUnef PE Glenn » Coot, PE Thomas E Noyes. PE RoOert G Schunjcht PE S^san M EOefirfS. CPA Engineers & Architects te«h A Goroon pe p<ha<a w Pcuft PE DoeatJ C BufljaflSt, PE .'eny A 90C(«00n PE Mart A Hanson. P£ T«J K F«d PE. M<nacfT'jl 5 tngul PE Hovua?o A PE Daniel j Eogerton PE ■Mart A Set! PE P*' ’t) J CjrAri. PE ;yrjei V-s.'iT.e/. PE Mart 0 PE Thomas t Anoefson AI A Gary P ff^wvTer PE M^s a jensen P£ L PhtK) ura%^ « PE Rene C Ptumaa AiA Agnes M R>ng. A IC P jrry D Petzicn PE Cec«w Otvier PE Rooert R OieOtAv P£ Gary- W Monen. PE C.^artes A Encuon Leo M PjMietsty Hanan M Olson March 11, 1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Mike Gaffron Re: Me Cloud (Big Island) Our File No. 139-1627 Dear Mike: We have reviewed the deck construction in the 0-75’ lake shore area on the Me Cloud property @ Big Island. The deck was constructed over a scries of retaining walls that protect the lake shore bank. The bank failed during the big storm of 1987. We would recommend that a majority of the deck be removed. The cross hatched area would indicate the stairway and deck that could remain in place. The retaining walls will have to be modified because they do not appear to be stable in all cases without the overlying deck. The ______'1 oi-in with fhf» mnHifii*d retaininij walls and oroDOsedowner should be retjuired to provide a new plan with the modified retaining walls and proposed deck and stairway area. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC Glenn R. Cook GRC:dh 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 T ^S>T7AJG»____________________ . . 0^1 s' ^ lz,^(^oj ^ / /c_^s^/eo focnot^ c>t^ ^ ^r' u\)^^ -. Ho _ ____l^Js>& /^02> 2^,/o ,i :A . __ys'ZTo' /O x/6? Abb\T70s) - 3ifrt> 20 r2o 5.2. 2 [O.Z > 6/iiG. cA^f/^s^H LOO nu /6S f"7 ;< 2 (Ji> '>-(lL, vSoT^ - Vo //oS. rSC> S'tC.S.2 |2.cr^uc.7^o^i Psr*Z. g. Ai^//>;gv»ig.r i^k-~i < I*.-' _;____ /O) M C* ^6*<^T70AJC ^ - __ ^ ^ / 9 . .= . ^ ^____ 5TAi /?- WAr^ i > H • 3 2- H JPJ^-_ ST»1 itWAV V 2k' l^wi^yJH^___^ X n __6ft ujCruv ‘TDP5 : C^^'TMA tz - AfTc'<^ foryt^r?^ C|4<^&e=^S ___ Zoo 14 ^ •• •• « ff^ i^pe«. ^ec^ Zl^ VO 3|<^ ■■•-(cor W/9 i.r. ^ , 2- %», (4€A«i1^J/NG 3i^ ttii^k^d&fWi*KW- . a fta^ ‘i CITY of ORON Post Office Box 66*Crysul Bay. :.!innMOta 55323 • MunidpaJ Office* laHOPK^ On the North Shore of Lake Minnetonka February 19, 1991 Carter DeLaittre % Lambert & Boeder 1000 Superior Blvd Wayzata, MN 55391 Re: Samual A. McCloud - Big Island Dear Mr. DeLaittre: IP S-I'tS Jay Sraedberg for Big Island Records Lots 16 and 22. Enclosed are various items of correspondence and Planning Coramission/Council meeting minutes from 1985. The aoolication 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. extension of the line oeTiwee never been appliedsubdivision requited City approval, which had never neen app for nor granted. In 1983. the Citv of Orono rezoned Big Island and defined “o?s%rh\d-r^^rb?r ^^nversitions with the" various --bars of the H«Vc°e"ls “o «eatt then the Process of Idling R.l: #22 to McCloud, it bj^eme clear 23 41 0001 existed in Hennepin ^o^ty therefore. Nelson and to gain City approval of this split. BUnlMNG a ZONING - 47J.WT asessing administration 4 FINANCE - 473-7358 FAX-473-05W PUBUC WORKS - 47>735» -jm. r Carter Delaittre February 19» 1991 Page 2 of 3 In reviewing the staff memos and Planning Comraission/Council minutes I think you will find that Smedberg was less an cooperative in allowing the subdivision to neither Planning Commission nor Council objected to the divisi t 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 Lbd\vision resolution which would require tax comoination of all the parcels within each individual record lot. Tne was tabled on March 25, 1985 and has never been action. Apparently, Nelson and McCloud were able «:lose on their transaction absent City subdivision 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 office on July 26, 1985. Because the subdivision has been finalized, the property until a lot area variance is granted and the subdivision is resolved. My recommendation to you is as follows: 1. As part of your after-the-fact variance request, y should request City approval of the automatic lot area variance resolution, which action was stalled out in 198j. 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 “seVgl after-the-fact permit for the room additions will be p »- on these requiremsnts being met. V { ■ -M, ^ 111 ■ i ■ 11 ■il, ii > ■ ‘ iTm, lifti r Carter Delaittre February 19, 1991 Page 3 of 3 Please feel free to contact me at 473-7357 if you wish to discuL any oVthe above noted items in further detaU. Sincerely^ / // V Michael P. Gaffron, ^ Asst Planning fi Zoning Administrator MPG/tln ocf°Jeanne A. Mabusth, Building « Zoning Administrator Lyle Oman, Senior Building Inspector Mark E. Bernhardson, City Administrator 'J vr 'f r . V' M lfc,.v.S*l V'- ‘ m \*Zi mi '■V» V »' ■ *■ f't >.. - V . • • llWi i. •:-T#K3 A ' Xf r ■ ■ -- . . ... . . . .. . .^ ~ ■ - 1 —1 I'll n II I m I n 1 -fT r m 'fi 1 ^ iMi<rwfTf^ii a —• - I a^P^^^BSkAAlflk^kM h. '.‘UM 1 laA i i iM I • ^ ■ 11, as . (a t-Ml A-Wi Ma<, "VI 1 a •m/' taTfc.^ i, in - f i* ■ cits ■r- 1 VI ; 1 ■• % I CITY ; I , OF Lohon ^ CITYof ORONO Post Office Box 66•Crystal Bay, Mianeaota 55323• Municipal OfPceo On the North Shore of Lake Minnetonka January 23, 1991 Saniual A. McCloud Law Office 5101 Highway 55 Minneapolis, MN 55422 Re: Big Island Record Lot #22 Dear Mr. McCloud: During the City's October 1990 inspection of the _se?trc system serving your cabin on Big Island, tne ioi,LOv.-ina observations were made*. 1. A major addition to the cabin has been recently constructed. This addition did not exi;^t seotic systems on Big Island in 1985. A olat^orm indicate no permit was issued for this aocition. A platform deck adjacent to the cabin alf'’ appears to oe new construction. 2. A massive deck/wall/stairway system has been constructed in the 0-75' lakeshore setback zone, a d®ar ana airecu violation of Orono's hardcover and xakeshore setback ordinances which have been in effect since <^he mid-1970s. Again our files indicate no permits were eve^ applied tor or issued for this construction. The work appears to ha been recently completed, since this lakesnore construc-ion was not there in i985. You are hereby required to make -ne appropriate after-the- fact application for construction of the additions to the caoin as well as the platform deck system abutting the cabin. Such application must be received in this office by February 15, 1991. Further, you are hereby required to remove the deck/stairway/retaininc, wall structure in the 0-75' setback zo^ no later than February 22, 1991. Optionally, by noon 22, 1991, you must make application for t variance for this structure. Failure to meet this deadline wni result in issuamce of violation citations. Both the building permit and variance applications will require submittal of a current Certificate of Survey verifying the location of structures within the property. iUlLOING a ZONING - 47>7357 A^FSSINC administration 4 HNANCE - 4TJ.73S1 FAX-47M510 PLUUC WORKS - 473-7359 A Sam McCloud Re: Record Lot #22, Big Island January 23, 1991 Page 2 of 2 An application is attached should you * feliTrVe to cottltt^f^" Mabusth at 473-7357 if you wish to discuss this matter. Michael P. Gaffron, ^ Asst Planning 6 Zoning Administrator MPG/tln Attachments: 1. Building Permit Application 2. Variance Application 3. Zoning Code Section 10.31, Subd. 8 and 9 Jeanne A. Mabusth, Building & Zoning Administrator Lyle Oman, Senior Building Inspector Bruce Vang, Field Inspector Tom Barrett, City Attorney - .-iy-'i ■3- * ' ' • N IK^ , ■: iC'7 A I- ■ '■ !'■ . f V ' ; ' ■^1 r f,-. i , I n /!'■ 1 ■'!'■■ ATXanfMEV AT LJO^W S33 WBST PAf^ iSBO SOUTM ih ICBMWAV 100 N/llfsjINiBAPOUB. MIMNESOTA SBA1I TeLEP>MaiMB: iBia) SAa*9soi July 25, 1985 Michael P. Gaffron Assistnat Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Dear Mr. Gaffron: Enclosed please find the forms to be executed regarding the Automatic Lot Area Variance on my Big Island property. If you should have any questions, please feel free to contact me. Respectfully . \>• h f ,#f«t I »s. City of OROINO —eKF\e~ Qp I ORONa RESOLUTION OF THE CITY COUNCIL NO_ _ _ _ _ _ _ _ _ _ APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 22 PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: findings 1.That Samuel A. McCloud is [kfck) the /tay.- payer(9') of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Exhibit "A” attached hereto. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter*" mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 of said ordinance. 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 is 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 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. ■4 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 com pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. «.J ■JuglflifcltAnf Ml.HIM 11 fr City of ORON CITY RESOLUTION OF THE CITY COUNCIL OF ORONd NO. E 2; RECORD LOT NO. 22 RESOLUTION NO. 3.this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246 r and shall not preclude a future City Council from amendinor modifying or otherwise limiting development rights and/or performance standards in the RS District. The undersigned has read and understood the terms 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 ATTEST: Dorothy M. Hallin, City Clerk 'Mary C. Butler, Mayor (1) Property Owner(s)(2) STATE OF MINNESOTA) ) ss. COUNTY OF dENNEPIN) On this day of 1985, before me, a Notary Public within and f o^ s^a i d C o u ^ y ,/ p s o n a 1 1 y appeared 7d- Y2 known to me to be the person(s) described in and who executed the foregoing instru ment, and acknowledged that he {they) executed the same as his (their) free act and deed. : BARRY L. HOGEN ^ Jitvk notary PUBUC - MtH HENNEPIN COUN My CommlMton IxpMw Jan. 13.1W1 \ .......................................................................................... MY COMMISSION EXPIRES This document is being recorded for the benefit of the 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 .J •S'l'J EXHIBIT A RESOLUTION NO. Lots 9, 10, and 11, Morse Island Park, Hennepin County, Minnesota (Property Identification Numbers 23-117-23 32 0013, 23-117-23 32 0014, and 23-117-23 32 0015 respectively); and a parcel described as That part of Government Lot 3, Section 22, Township 117, Range 23, Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot 9, Morse Island Park, according to the recorded plat thereof and 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, which parcel is also described generally as the portion of Property Identification Number 22-117-23 41 0001 lying northerly of the westerly extention of the south line of Lot 9, Morse Island Park. 1 • 'f ■' * V' ■ • •t'KV7. ■ . ^ri- - -il^ , ^ I, ^ - *^->»yrirwi>fr■ ^ ■*. Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Date: Jeanne A. Mabusth, Building & Zoning Administrator March 8, 1991 Subject: #1628 Mark & Sara Finney, 4195 Highwood Road - Variance Zoning District: LR-IB Required Area « 43,560 s.f. Total Area » 38,550 s.f., approximate 0-75’ = 10,500 s.f. (75 x 140) 75-250' setback area = 28,050 s.f. (165 x 170) Hardcover Review 0-75' = 10,500 s.f. (75 x 140) 0-75 - 0* 75-250' setback area = 28,050 s.f. (165 x 170) Allowed » 7,012.5 s.f. or 25% Existing * 3,450 s.f. or 12.3% (Review Exhibit E) Proposed “ 4,572 s.f. or 16.3% (Review Exhibit F) *Staff chose not to enter fenced area because of dog and was unable to confirm additional hardcover within the 0-75' setback area. The banks are steep and the applicant should be allowed the customary access stairs to lakeshore. Pertinent Sections of the Code Section 10.22, Subdivision 1 (B) - Review Exhibit C. The applicant proposes a major addition and the replacement of complete foundation beneath existing structure. Portions of both existing structure and proposed addition are located in front of the average lakeshore setback line. w Section 10.20, Subdivision 3 (G) 2 - Non-rental guest/designated apartments. Review Exhibit I. The plans for basement level share a second kitchen area. Applicant must be placed on notice that this area of the basement level can never be converted into a non-rental, guest apartment unless the required conditional use permit is applied for. The current plans do not propose an apartment. Applicant is merely being advised of the requirements of the ordinance and it is appropriate that the City provide notice to the applicant at this early review. 3.Sections 10.02, Definition 13 - Building Height and Section 10.24, Subdivision 5 (A) - LR-IB Lot Standards. Please review Exhibit H-1 and H-2. Staff has confirmed that 50.3% of basement is below grade. Height was measured from high side or street/entry side. Total height of structure is 22' measured to mean distance of the highest gable. Actual peak height equals 26 •. ■ 3 Zoning File #1628 March 8, 1991 Page 2 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 - Application - Property Owners List - Plat Map/Average Lakeshore Setback Sketch - Resolution #1509 - Existing Hardcover Fact Sheet, 75-250‘ Setback - Proposed Hardcover Fact Sheet, 75-250' Setback - Survey/Site Plan ■1 & H-2 - Street Elevation & Staff Worksheet for Height Elevation Determinations - Kitchen/Basement Plans - Elevations - Floor Plans Review of Current Application - In 1983 the previous owner was granted setback variances for the enlargement of the detached garage located 9+ feet from the street lot line. Review Exhibit D, a backout apron has been maintained on the site and structure has been maintained as a detached accessory garage as required by the earlier variance approval. The applicants propose an approximate 20' x 60’ addition consisting of three levels with lakeside deck. The foundation under the existing structure is to be replaced. The existing 3-season porch and lakeside deck may also be removed. These determinations are to be made at a future date by contractor in charge of improvement project. Reviotif Exhibit C. Portions of the addition and the existing residence are located in front of the average lakeshore setback line. Applicants seek approval of a variance not only for the addition and new foundation but for the three season porch and deck that may be replaced. Applicant should be asked to provide additional information as to future plans for basement area. The applicant should be placed on notice of the need for a future conditional use permit if a guest apartment is ever planned. In seeking approval of the variance for encroaching the average setback line, the applicant notes the shape of the shoreline and the difficulties of adhering to the a>;^erage setback line for the property located on a point. Staff would add the steep topography along the west side limits any view impact from lakeview windows of cabin. The mature plantings that exist on the adjacent western lot and subject property provides natural screening. It should also be added the house was placed on the property prior to lakeshore regulations and that all other setback and hardcover standards are met by the expanded structure. 5 . J „ i t y / v |» Zoning File #1628 March 8, 1991 Page 3 Options of Action If approved, members may consider one or more of the hardships and findings noted above. Staff would recommend that final resolution approving the average lakeshore setback variance also include a notice to owners of the need for a conditional use permit if a non-rental guest apartment is to be installed in the basement level of the residence; or Denial, if Planning Commission denies the application, please refer to the necessary findings section of your Code. Isv ;::'a 'm "V-ij :h-"‘/a* " S’, * 4 V- i'r • ■ H I >7 r. .. .V. ' • K’-"’i 1. ■ ■M 1 ■ ■‘V I . y '■ f kV ♦ HP*” oir- CITY OP OROriO - 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 \ \a7 i ft #1 \- If-'' PROPERTY LOCATION Site Address HxCjfUi.jC'Cri At)- rrrv nc rr-'iki till til U'MuflW Property Identification Number (P.I.D.) 0 7-10-2} yy 0£^Z ■ * Attach legal description to application if not included on required survey. ycV f / /JTTTT.'X fVf VWf APPLICANT N^une fVo-^JL \ n ;v,C Phone (home) UnXCm^^:-0 Cm ^01JU:p if-XO _ _Phone (work) P7 — 5/7>Vr) Ailrli-Iiiis, lli^cr '/?r/. City: C'r.lX''______ Zip: , OWNER (if different than applicant) Sffine. Phone (home) Neune Phone (work) Address:City:Zip: Dat e Property Acquired (month/year)4 I (do) (do not) also own the adjacent parcels of land PRESENT OSB OF PROPERTY Present Zoning Districtm Present Use of Property FntYxdh^y Residential Other (specify) DESCRIPTION OP RL-JUBST Estimated Ctnstruction Cost $ / VARIANCES REQUIRED Lot Area Setback Variances ( Other Lot Width Front •' «*4 ♦!•••*Hardcover Side _ _ _ Rear) a • sstblvf imit— (Tin h-lcthcrd^iney ^(Lpt^ ^ssi bltj HARDSHIP Describe undue hardship or practical difficulty resulting from strictDescribe undue hardship or practical difficulty resulting from st enforcement of zoning regulations:/i'<!/rev /v/f^ bu,J/fLry :n Hi. ^V fir /ilf._ _ _ _ _^_ _ _ _ _ _ _ _ _ _li_ _L- - - -rl )N ~/7v ^ V/ ^h.uJh DESCRIFriON OP DHDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; Cl - - - - - -- REQUIRED SUBMITTALS 1, Completed Application Form 2. 3. 4. 5. €. 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 8J5"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Ji"xll"). Slcetches or plans of floor & elevation views (provide 1 copy 8J5'-xll"). As an addendum to this application# please actach 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. Pleas'* remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATU.'»S The applicant hereby agrees to provide all information required or requested by the Zoning Administrator# agrees to par 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 sf -!/y/ u OmnSRS SIGNATURE The owner hereb$^ acko4.’ledges and agrees to this application and further authorizes reason\bl«B entry onto the property by City staff# consultants# agents# Commission\j|(embers# and Council members for purposes of investiga- ion and verificat;^^ of this request. Owner's Signatu:Date Applicant must have all submittals into the City offices 25 days before the Piinning Commission Meeting. Planning Commission Me«*tings are held on the third Monday of each month. Applicants must be present at all scheduled meetings of the Planning Conmission and Council. If an applicant is unable to attend a scheduled meeting# please ffla)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. mgW-. K \ I i**nrilfti -7^ L 4 I *• *1 W C i rrOP o.ruP lUKE T4XPA1ER ll/ME/iCCR PROP AODR o«iER tunE T/kXPATfR lUMC/AOOR FPCP APOR CtCIER lUME TAVPAtlR KiME/ADDR IVtrv.- prop ADOR OiTifR lurtc TAVP aVER lUHC/ACDR LlC" PROP AOOi^ ftrtCR »UME tAXPAUR NiHC/AOCP PROP AOOR ttNCR N4nc fAKPAUft KAnE/AOOR Ji 07-117-25 CC09 UtilTCO CH HOSP ASSN FAIRVICM HOSP ASSN 2312 6TH ST S rtPLS HN S5^5J»0 Wl 553*^1 38 07-117-23 *>*• 0917S II1CHN003 rO MERLIN L HALVERSiXl MERLIN I HAIVCRSO-I <)175 HICHWOOO RO M0U!O l»l 553‘^ 38 07-117-23 AA 002*« 0A190 HIOHUMOO RO HOHAPO AlC tAIA''LR HtWT J~A^* Zfaccar-o Ma .ir’p ALCCAiiSEn luir 41^0 HlG iLWO PO MCUC in 553<-. 38 07-117-21 0t:7 0 166 HlCilkl.'lOO RO HAL rtVAAW HEPOEPT A lOPElTA DtVAiN . /3 r rftoi 8us.m-P* / KN-—ssiaju 38 Or-117-23 A8 0330 06160 HICKWOO PO » i S QIUCOAN Vkilhp OHo R»T-t-8UV|A 8MCCRAW- 6160 HlCNLAia RO KKXO m SSS86 38 07-117-23 63 0010 UlilTEO CH HOSP ASSN FAIRVIEH HOSP ASSN £312 6TH ST S MPLS MH 55656 38 07-117-C3 66 0019 06156 HICliHOCO RO rnANCES II IIIlSOHXojjj^ Oi\b<}n ^NWICfcS H HAtSetl 6156 HIOHKOOO RO hO'JJO MN 55366 :a 07-117-23 66 0022 06195 HIGm.*COO RO . 0-A M-MCCAR-Y ♦ ^•’A- F*nney JHOHAO R coffseii 6195 HICH^'OOO ROAD ORO'.'O nil 55356 23 07-117-23 66 0025 06U2 HICH.:000 RO C-t P -.»!> P-At^-NiT 6182 HICMHOCO PO MOU .Q riH 55366 IGH.;000 RO fS t IJ.PftcAitroLT 33 07-117-23 66 0028 C6150 HlCriUOrO PO GTrilillICCn 0 G J MAORA.N A sTcniinGc-fl 6150 KIC6UOOO RO MDUrO MN 55366 TOTAL BATCH 001 03016 38 07-117-23 61 0011 06199 M'CRTH SHORE OR liNITEO CH HOSP ASSN FAIRVIEH COIRiWlITY HOSPITAL 2312 SO 6TH ST n?ts riN 55656 38 07-117-23 66 0020 06167 HIGHUOOO RO MERLIN L HALVERSCtl MERLIN L HALVFRSON 6175 HIGIIHOOO RO MOOJO MN 55366 38 07-117-23 66 0023 JUMUS C HALLUn FAIRVIEH HOSPITAL ASSN 2312 S 6TH ST MPLS MN 55656 V 35 07-117-^3 00C6 0417^ HIGHUOOO D I eAPTON I 0 U HAIPCR HtPCERT B OrVAAf4 17603 SU3A»4 OPIVE niKNETCNKA nN 553<i3 33 07-11723 66 0029 06168 HICH;.‘C00 RO JtrfRET A MlRTfHS AEfFHET~A llAPItNS 6163 KIGHUCOO RO MOma MN 55366 ‘i.. r *. N I M. - 5 *- if- ■ -r ' . V m \ —•. > p ..r:• .*T\ CITY QF aRQNa - -X -i“ VV. i ^ City of ORONO T5a»t>:^ V'-,t:f .:•- • r J'«‘ L ' - >J A- RESOLUTION OF THE CITY COUNCIL MO 1509 Granting A Variance to Municipal Zoning Code Section 34.452 - File 762 i . ' • - • « U » ■*» V-. Whereas, Thomas Corson (hereafter "'ipplicant") is the owner of a property located at 4195 Highwood Road wichin the City of Orono (hereinafter "City") and legally descrioed as Lots 26, 27 and 28, Highwood Lake Minnetonka (hereafter "property ); and Whereas, the applicant has applied to the City for a variance to municipal zoning code section 34.452 to permit the construction of a 24* x 32' detached garage to be located 9.6 feet from the street property line instead of the required 35 feet. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. This application was reviewed as zoning file no. 762. 2, The property is located in the LR—IB Single camily Laxeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 18, 1983, and recommended approval of the variance as proposed based upon the following findings: a) Severe slope of land to the immediate south of proposed garage. b) Location of a mature oak and several small trees to the immediate south of proposed garage. c) The proposed setback will allow use of the existing gravel turnaround and cut down on additional hardcover. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and other interested persons, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing 'n this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances JikbeeiAii pace 1 of 4 City Of ORONO cirvf ,.-v RESOLUTION OF THE CITY COUNCIL ' ■ • NO. 15Q? QF QROMa would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City. CONCLUSIONS, ORDER AND CONDITIONS ’'ii Based upon the above findings, the Orono City Council hereby grants a variance to Section 34.452 to allow construction of a 24' x 32' detached garage on the property legally described above to be located 9.6 feet from the street property line instead of the required 35 feet subject to the following conditions: 1. The detached garage may never be used as a guest house/second residence nor nay a heme occupation be conducted within the accessory structure. 2. The doors of the detached garage must face away from the street with turnaround provided on the property. 3. The detached garage will not be permitted to have interior plumbing. •No other variances are granted or permitted for this structure. aH 5. Authorities granted by this variance run with the property not the the owner , 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 (August 8, 1984). 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned owner has read, understood and hereby agrees to the terras 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. > oaoe 2 of 4 D . . > ^ •City of ORONO CITY OF QRaPiCC » <RESOLUTION OF THE CITY COUNCIL NO. _________ Adopted by the Orono City Council on this 8th day of August, 1983. ATTEST:CITY OF ORONO City Clerk Mayor Property Owner(s) (2)f7 c J Pr0 pe r^y Own e r(s) m 'V PL '•if.:'. i -'4 T: i. J i * fW|(3) n V Property Owner(s) STATE OF MINNESOTA ) } ss. JOHN (L OERHAflOSON HOTAMr MJMMMMNNnOTA HINMCMNSSmQU COUNTY OF HENNEPIN ) On this ^ day of , 1983, before me a Notary Public within and for ‘'said County, personally appeared Ce-'ig.ir^ r»cJLSAi^cx^ known to me to 1 and who execube the person (s) described in and who exeduted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. b A .4 N0TARY PUBElC /a MY COMMISSION EXPIRES r.m:d page 3 of 4 d ’•v -Cl I ^ ;i^-‘ . f'/I ’,'■ HARDCOVER CALCULATION W0RKSHE3 SETBACK ZONE: (CIRCLE ONE) 0-75' '\7S~2^' Existing Hardcover in Zone A. House c 0. Do LENGTH B. Garage c. Driveway / E. Patio/^’ Deck /to _ _ _ _ _ _^!_ F.Landscape AREAS UNDERLAIN BY •. _ _ _ _ plastic sheeting 6. Other width .5(n V D. Sidewalk ^^ vj_ _x a. 15 / X _1_ Total Hardcover in Zone Total Property Area in Zone -?G0'-*'500-1000' y/i« I ✓ .5 V \ 4^D S.F. S.F. S.F. S.F, S.F. nir?,S.F. 3oo S.F. S.F. S.F. S.F. S.F. _ ^Q,! 5 ha.oie>- plai-Airr/x S.F. S.F. S.F. S.F. _ S.F. s.P 3^oAo S.F.B z.VT\3^0^ X 100 iD.iX % peciry^ftL<, 6€^r^ ^ i i \ HARDCOVER CALCULATION WORKSHE; SET3ACK ZONE: (CIRCLE ONE) 0-75' Existing Hardcover in Zone 250-500' 500-1000' ■ T. A. House LENGTH WIDTH B. Garage c. Driveway V 5Z)) D. Sidewalk -9- f.5'//S F.Landscape AREAS underlain BY plastic SHEETING G. Other Total Hardcover in Zone Total Property Area in Zone LLO! t jLi Ben') 53^ 9f s , F, £ryy ST,' n Cr~ S.F.AOOIT/C^J S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. e c PLf-'^’T(=OUU\ o t r • ADOrrion t7MT/e.y S.F. S.F. S.F. S.F. S.F. ^ S.F. S.F.B ^ U£nO. 4-|T| O X 100 - /o P£:Cti^ALS \ ?0 ■ t ’i s *1 I 6 C.jrt^ificata of ourvey fnr Thonaa S, Corson of LctJ 26-28, Lake Minr.stcnka Honr.csir. County, Minnesota =j][i©i;wj \\ JUL-5B83 ..........-::i ' ••niTY OF ORONO -- ^ «•r%t • Jf S f .m ii 76*^ hiiS Jit% IMS 8EI^ MiCHOfilMES I horec-y cortify ►hat this is a .. of 3 siiT-z-y of the boundari.js of 2t, 27, and 23, Hi^T.wcod l^kc Minnetonka , and th» location of all exiatin*? nuildincs 'hereon. It decs not purport to show other ia- orovantofato or dncrrn4cr..‘rcnto. GCRDCN a. CCFFIII CC., INC. Goraon R. Coffin Ro2» o0o4 Mark S^Cronberg.rTZRegLiHo 712755. «... I^nd Surveyors and Planners Long i^ke, KinneyU...Aj«rr-sr*.J=arr-fiitei:. - . .T — -!••*—.a- Scale: 1" - 40* ftite -: 6-23-33 • : Iren marker found . ...•^. ,'r. —~ ".T'- o ■ —Iron mrker set —-..-.t. ,. * ^■ H^. . I—. II- '. T* -.t.'.i." **'— -'.“•" t*’—-• *** •-.T. - - - ----. - - — • • • ', t ^ ,^r .* ^_,, ... » .»,-s .••• » ..... 4 •• • . • • r^v e.* Oik ■>fr f L , / / Vf u «» ^ /a vO'"/yyj^c*>^ /c^ •• ♦ % D r ^! ^xrr ” P(^r*^ ‘ ^J :£:i^X u b> pnr- c^H C^3 X. ic /♦ G-^«te _ _ \i______________________ ., . -...............................- .i^• : .: ,-i m-hi I ^\’l' -O’A--\ \ f' 0><So ■? o 7S^^ I i9,ffZ - / • ^ :i;»V - ^./ - 7» 2-- « ^ *' V:?-' • I i V - / -» ft V"* ' «c»; 1rj'4,,’) s -»^'“Z- ,''rx-7 -(,.7 < r y u' r 3.9 u ;</! • /<?• - I (/> ^,‘2 ^ "7.'Z- ^T,>< Zp * ffs^ XiK v,S it.>A -................................. - - - rhCt^ti #«»««*•• « ♦♦ =/?€>•'> ) J(‘\C^'i - tro. sX o.fc-zo^.-'■^c.-*'(^rj_______ — ^6. .S''Htst(^'T~ — QVX 1 m To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson \\ From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: March 11, 1991 #1629 W. Duncan MacMillan, 1700 Fox Street - Variance - Public Hearing Zoning District - RR-IB, Single family rural residential, 2 acre, S' ^ unsewered Application - Request for accessory structure footprint area variance to construct addition to existing tennis court building. 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 - Application Plat Map Property Owners List Survey Site Plan Construction Plans Resolution #2204 Approving Existing Building Declaration of Covenants for Existing Building As-built Footprint Diagram Site Plan & Building Plans as Originally Approved by Council Zoning Code Section 10.03, Subd. 9 Pertinent Facts ** Applicant proposes 1,990 s.f. (footprint) addition to existing 12,100 s.f. indoor tennis building. The 1,990 s.f. figure includes a covered entry walkway of about 200 s.f. Requested variances are as follows: A. Individual accessory structure footprint area exceeds the 3,000 s.f. allowed for this 13.5 acre lot [Section 10.03, Subd. 9 (03. B. Total of all accessory structure footprint areas exceeds the 6,000 s.f. allowed for this lot (Section 10.03, Subd. 9 (C)l. C. Additions to accessory structure are located closer to the road than the principal residence structure (Section 10.03, Subdivision 9 (D)]. Zoning File #1629 March 11, 1991 Page 2 of 4 3. Note the following facts and figures; h 51t- 4I)-;.:-.? A. Setbacks:Existing Proposed Required Front 143.2'No Change 50' min. Rear 425'415'50' min. Left Side 266'252'30' min. Variance B. Height: Although no elevation view was submitted, the roof p’an indicates height will be lower than existing building and less than 30' height limitation. C. Footprint Area: (Lot area = 13.5 acres) - Footprint per plan approved by Council in Resolution #2204 - Footprint as built, 1988 - Footprint proposed 1991 ~ Allowed footprint, individual accessory structure 12,600 s.f. 12,100 s.f. 14,090 s.f. 3,000 s.f. D. Total of Footprint Areas: Total allowed combined accessory structure footprints Total existing combined accessory structure footprints Total proposed combined accessory structure footprints 6,000 s.f. 13,828 s.f. 15,818 s.f. The existing tennis court structure was approved by the Council per Resolution #2204, adopted June 22, 1987. Variances granted in that resolution include; A. Exceeding 1,000 s.f. floor area (16,875 s.f. total floor area, included the first and second floor). B. Nearer front lot line than principal structure on property. C. Height of 33' defined/40' peak, exceeding 30' defined height limitation. Condition #2 of Resolution #2204 required that a covenant be executed by the property owners, with the following provisions: A. No commercial use. B. Adequate screening from road and neighbors. C. Access from private driveway only (no new curb cut^). . i iL: U- Zoning File #1629 March Ilf 1991 Page 3 of 4 . D. Building can't be sold separately from the principal residence on the property. E. Any future subdivision must maintain 13.5 acres and principal residence with the building, 150' setbacks from building to any new lot lines, and maintain required screening. Building permits for the existing structure were issued in the summer and fall of 1987, with a Certificate of Occupancy issued in August 1989. Dlscosslon - The original plans for this tennis court building included two double garages at the northerly end of the building. No squash court appears on the plans originally reviewed by the Council. After Resolution #2204 was adopted, the applicants deleted one of the double garages and rearranged interior rooms, apparently due to soil problems near the north end of the building. There may have been other reasons for this change,of which staff is not aware. Applicant is now proposing to construct the double garage plus a squash court at the north end of the building. Planning Commission may recall that this tennis court building was one of the major factors which lead to adoption of accessory structure ordinance revisions in 1989. Those revisions limited the footprint area of accessory buildings keyed to lot size, and required specific covenants for oversized accessory structures that would preserve the required lot size and setbacks. In staff's opinion, the location and screening of the existing building have not affected the character of the neighborhood. The tennis court building is barely visible from Fox Street in the winter, and is almost totally screened by vegetation in the summer. We have received no complaints from neighboring property owners regarding rhe existing structure. The proposed additions still more than meet the minimum setback requirements for an oversized accessory structure. Of course, because the tennis court building is closer to Fox Street than the principal residence on the property, a location variance is required. Staff is concerned about soil conditions at the north end of the building, and the Inspections Department would require adequate soils documentation and proper foundation planning to accommodate this addition if it is approved. Zoning File #1629 March 11, 1991 Page 4 of 4 V:-'- Nothing in the original covenant for this structure would disallow increasing its size. The Planning Ccmmission is referred to the findings of Resolution #2204 for consideration of whether the additional variances are justified by adequate hardships and practical difficulties. Staff Recoomendation - If the Planning Commission feels that the hardships and practical difficulties noted by applicant and noted in Resolution #2204 provide adequate justification for granting of variances to increase the footprint of the existing tennis court building, then a recommendation for approval would be appropriate. Any recommendation for approval should include findings that support such recommencation. mm .'-I H'-, St: V ■: v V ' ■ M i;-v . iP I #* / "^1 • « CITY OP ORONO - VARIANCE APPLICATION •Ujr ^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) * 7 <• ^iy ’ r- - r. • C -S / ' V 1 i r iwu w.avtw PROPERTY LOCATION » ‘Tn/ cult I Tcr • . w . . •* .1 Site Address 1700 Fox Street ^ T.-.-r rr:r.K‘ *.731 .«>•.««« . ivii t Lvv’l x)l i j. Property Identification Number (P.I.D.) ^3~1'17—23—41—000 3_ Attach legal description to application if not included on required survey. vo^.* «u »■> ■ APPLICANT Name McNulty Construction Comnanv Phone (home) Phone (wor)c) 339-0674 Address: 400 Second Ave. S, #650 City: .Minneanolis Zip: 55401 OWNER (if different than applicant) Craigbanic Associates, N^une W. Duncan MacMillan, Partner Phone (home) _ _ _ Phone (worJc) 475-7510 Address: Deot. 28, P.O. Box 9300 City; Minneannli?^ zip: 5544_0 Date Property Acquired __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ {month/year) I (do) (do not) also own the adjacent parcels of land PRESENT DSE OF PROPERTY Present Zoning District RR~1B Present Use of Property Single Family Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ 200,000.00 Describe request in detail: Souash court and garage addition to existing accessory tennis court building. VARIANCES REQUIRED Lot Area Lot Width Hardcover SetbacJc Variances (Front Side Rear) Other Accessory Building .* -srr. -7 / .HARDSHIP , ^ ., . , Describe undue hardship or practical difficulty- resulting from strict •* enforcement of zoning regulations; Strict enforcement will prevpnt:_ _ _ reasonable use of oronertv hv fhp> nwnpr dnp tn existing structurf> location DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS unique and unusual orooertv Describe unusual property conditions preventing compliance with Zoning Code RequirementstExisting approved accessory building is already_ _ _ larger than allowed under the accessory building code._ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within ISO' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction).‘ 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 835"xll"). 6. S)cetches or plans of floor & elevation views (provide 1 copy 8>j''xll”). 7. 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 application. Please remember that your variance application is not coiaplete 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 co^ect to the best of his/her )cnowledge. Applicant's Signature Date February 22, 1991 OWNERS SIGNATURE The owner hereby acJcowledj^es and agrees to this application and further authorizes reasonable enWy 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 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 6 Zoning Office of this change prior to the meeting. u/tt/n i !U'i PROP, AODR ur'OMNER NAH TAXPAYER lH,i 'jiil'.i'.rim";- 30, 0S-117-ES 41 0003 ’ OlTOfl .i FOftt ST r ^ KAMC/AOCW j^:^MAME/ADOR; * lil AbOR 0M«R [TAXPAYER^ NAICyAOOR' 01700 i FOX ST ^ CRAIGBAIK ASSOCIATES CRAXGBINK ASSOCIATES ; '< PO'BOX nOO - DEPT.2S } HENHEPIN COUNTY PROPERTY INFORHATIQN SYSTEM nf 0:a PROPERTY (»tCRS LIST n t tii * 7' « -Z ' r :4 I — Itlii Ii ii ii' 30 03-117-23 42 0002 '•! 01800 FQX ST I I! , NH L NALDRON ETAL i ' HIUIAH L HALDRON : (; 1880 FOX ST ('!• If • • i . . ■ > I ‘ ■:f:5 03-117-23 42 0007 • I *Vi lE^T ■* M il; NO. PI43S401 , f I ' PAGE i 1 . ^ .'U j 1 : it.il'l 1); ' > 1 i ; hit » ! 01860 FOX ST , , 1' ' ‘ ' •. I. I 4 h - V. i5 { j ;< NAYZATA HN 55391 •n ‘ v»hW • ^ 4 « * } 4.r. NILLIAH L HALDRON ETAL HILLIAH L HALORON ] ■ 1880 FOX ST ^ r^ HAYZATA m • SS391 4* ] I •I ' \ ‘ » i!> SALLYIO IMS F(Mt;STi r: NAYZATA Itl i SSSn Sa 05-117-23 A2 0012 00440 BRONN RD S J B 2 L F MASSOPUST JOHN B A LINDA F HASSOPUST { 440 BR0I#4 RO S ■ \ NAYZATA HN 55391 . \S ■} ■ ‘ ■ • • H ‘‘i- >\\ . ‘ 38 03-117-23 44 0002 r:> 01745 FOX ST I. SUAO H AZHARI ^ T ■V.;; SUAO H AZHARI • > ' . ' 1745 FOX ST . ‘j NAYZATA ftl 55391 r f. .ii.ins- iii> 51i ' ;f‘h;' | '} i! i ' »i<T•i•• < fi I 38 03-117-23 ’4'3‘ OOO1II ! ' 00038 ADDRESS UNASSIGNED i V t SUAD H AZHARI j, 4 . , SUAD H AZHART , I 1745 FOX ST >“ • ‘ NAYZATA m ,55391 •f J.V I iU > <11 : J*' 1 tii5560. y 4% • 4 I5 ’60j^ 7;'23j32i0006j ,i. | .'‘J ---------------------- if J* -r ', ? TOTAL BATCH S- ■ !, ' tUCMIL lkCMILLIAin.l; !!M, 55391 i',-’ i 1 :i i' ‘l-lw * ‘I l ^H il Ii'!'!' I'ib*- !ii]^ f’* ■ 7. \:y^i 4 6 « 1 i;1: ImI (l|,, 1‘ * !S ■i- •I 39 03 117 23 41 0004 1620 FOX ST '. ff I CARGILL MAC MILLAN 4 • ff !!• If I* fllir • i' u ;• L'CARGILL MAC MILLAN1;. 'ci V !>DEPT 28 BOX 9300 . , » ';.;.MPLS MN 55440 ’ \ ! i*’ I 4. . -r*-,I ✓ t ' •2i '% y ; ' iI * 38 03 117 23 41 0005 .•’t i» :.if. ' % I V •.*! CARGILL MCMILLAN!JR ET At! \ f T nxir*DTnr*i? ^Accnr* l.l 4# .. . ^ ”1 L>-1 r' *t , V • . VA -5 • LONGRIDGE ’ASSOC j S. > ® U. C/0 DEBILLBB DEPT* '28 ■: ) j PO BOX 9300'j . > I MPLS MN • .55440 ’ :»i! ; • $4 / .! 1 !.,fl c| .K ! r_!'ii .?■ 4 i .i • I 12 • n i-ii 4 ♦ ♦ 4* A . t • . f *• •f- » f, ! f, i I » «,y. '?r i. r I 1 / f’ 4 '• ’S' I h ifV.»Ii ■ r-■ • .' :r-;f • * <. i-.') ■i' t ^ • t f * I 4 ■ • , ■ : I i if' - i, ;•I CERTIFY THAT THE FACTS RE'>RESENTED ARE AN ACCURATE AND TRUE ♦ j j ■ir -: ! Vi! :z- (■ 1 ' i I »• h* 1 .1 it* I I t; REPRESENTATION OF INFORHATIQN AS IT APPEARS THIS DATE ON THE RECORDS1(ns » i ‘j ‘t ' fi: \.\\ ■ I' w ‘ ■ I . • ' t ;•> 1 '• ! OF THE HEft«PIN COUNTY DEPARTMENT .OF PROPERTY TAXATION* jTO THE BEST OF MY KNOHLEDGE AND BELIEF. / / /)/->. ’ fcl ^ i ; . I . 1 4 II ii l T i J • ) I, > i ♦ It vl i ^ * 1*1 ‘ W.4] ■ tV , \ h ,r f. i J ‘• ■Ui I' • T : i'V'-ii 1 ■' 17 l,-i! , k i I i Ji- !" ; »f f J.!(' t 4t 't. a' li i 4 ;•* 41 f 4 1 •• Mv 'i'M ^' ■'‘ • ‘ •? if <: • i'i ,V* I w * ; *7 |! t i. . *; iL»1 • 'i H'.; i 1;’ si‘ j'r • 7 t I* t*l ? r ■•n J; I 4 ©4 i- H •J. k MikttUttdiaiiiUifiitfilBttfiik . ,vi ‘'i. I TT-T I-lA f ! A $ =1 c *• • •• I /* vfc /Stec.ironsformer----1 j Pir Condi honors Go9 Htfcr- 6rick ^W/- »'» l!. -■■ S r » '< r •<«» • 4F-i •*M> » « « •• •• *# « a» «V ■••♦ »ii» ■» .<m ••»« • ■•• .• < •■ 4K « ; « • s FOX I A'- / '^S ^ne oftneN€ lU of f /''=^ SO / « \r»p- iv' . k V •/ / / / I /I I 'll' ^ \ ' I?' 1 \ \ •f • ■'•• \ \ \ \. \ \ \ \ \ \ \ \ \ '//' i-'-', \ I \ \ I \ \ \ N. s s \ \ IL-\^ / A-" / / 7^ /\ \ c . ,.— —, / /y j / ( // / / - X -IWZ. X ^yl»*r^ • -^-/ -------m:: H ^iml:.:z..: ^ —y \ \ -----------V. »»• •• * •* tliin irg (^22.7 Af <i.7. ‘ f.-{ - F'l rr- znm rnuMttw»?“ - Vrm %» • •• . >5 ti'; X ♦ ^!i'' m • • • • «*1 — .i 1 7ir. ■ j~ ;.*• i -n 1 f'J ■— ■ * • f*. . » •♦•••. »i«,. • i. fci^nvi rtiairn mm exw. 6 City of OROiNO RESOLUTION OF THE CITY COUNCIL f. •;». • . .. N NO. _2204 . •. I. ,A HHaOliUTION UHANTIHO A VARTAHPR TR MUNieiHAf, MOMlHd eOlitf MMI’TMIM in.ni# RIIMfllVIRMlN • |f1) > AND 8RCTION 10,38, BOPOIVIpION 5 (A|, AMti eftAHtflMfl A eaH61Ti6HAL Ufig rRR flPCTIOM lOtSOf fllinOIVlBlOM 3 (O) PILB 11119 ’ wnRRBAfl# Cr.nicTbnnk AnBocintrj «nd W. (hereln.ft« -th. af,pllc..nt", is th. POX Stroet within tho City oC Orono (hcr*5inafter City ) ana logoiiy doscribed aa followsi Exhibit A, attached (hereinafter "the property"); and WBBRBAS, the applicant hac made* application to the City of Orono to permit the construction of certain structures as follows: A* Caretaker residence (detached) of total floor area located between the defined front lot line and an the DrooertVt requiring a variance to Section 10.03r Subdivision 9 (C) which allows a maximum floor area ofstUctures; and a variance to Section 10.03, Subdivision 9 (J) «hich reoulros that no accessory structure be located nearer the line than the principal building on tho property; and a co^itio ”^ uie permit for a guoat houao uae as roquirad in Section 10.20# Subdivision 3 (G). B. Sports center recreational accessory building (detached) floor area 16,875 s.f. located between tho defined front lot tho principal building on tho property, and such itructure having a defined building height of 33 feet and a peak height o^f 40 fe^, requiring a variance to Section 10.03, Subdivision ®J] a Saxlmum fl»or area of 1,000 a.f. forvariance to faction 10.03, Subdivision 9 (D) '^hich requires that no aceeasory atiucture be located nearer the front lot lino than principal building on the property; and • variance to Section 10.28, Subdivision 5 (A) which requires that no structure or building shall exesed 2i| stories or 30 feet in height. iinnesota t HOW# TBBRBPORl, BB IT RB80LVBD by the City Council of Orono, 1. This application was reviewed ss Zoning Pile #1119. 2. The property is located in the RR-18 Single Family Rural Residential Zoning District. Page 1 of 7 t euuiia; ^ «»<! Pi- ■- • ^ • * City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2204 »’ |k f »\‘:v/* •' 3. The property contains approximately 13.5 dry buildable acres in area. ■ff - V 4. jLblf='he°Jrl- ^ol,^r;at"=? iTan^h^ri l^^O‘7,^3 rt^hfe^ Vi^iSLSStl were hcord from all intercrited part-‘.s. approval. submitted\o the City on Kny 5, 19='7. arc as follows. A) As evidenced by the soil sanpics takca on the iite7f,''b7e is vejy hi,h. ^ 1 ^?h7=land^^IS^fa7e?‘ ovorall*he%ht of the tenni.' facility /j7/7ater’’tabi7 it deeper into the ground but for ,\7 dictates the applicants B) The main residential structure is French provincial in L%rdeSc7:oriTtlt7r7.Va'^fVc7:S{^th7tlJ}^ the residence and thus destroy the architectural hill iHina Great care has been taken to design and landscape the teinis !'tructur% in such a way as to m.ake it as unobtrusive as Dossible To relocate the structure may cause it ”°^® vi“ble from FOX Street then it will be in its proposed location. u< under the city Ordinances the construction of “ is a oermitted use within 2one RR-IB and is considered an Impossible to enclose a tennis court (a permitted use) and ha e lAcsi than 10-12,000 square feet after taxing iniio consideration perimeter area needed around the court, changing areas and storage. rage of 7 4 I 'M -'V ■' CityofOROINO RESOLUTION OF THE CITY COUNCIL NO.2204 L • •»m • • $• \B» The Orono ordinnnce governing sot ■ “iructSres from the “front y.rd" is ge««d >®.‘j>® "“"“J Dositionincf of a house to the streets i.e» ^ ® i-ho c'treet and is located a very short distance from the street. The"o5dina?ce\» i^^^^ to h4lp preserve the character of the neighborhood as to not allow accessory Save I garages, sheds, etc. in the “front “hi?" fvrtm Priv Street ClearlVs this situation does not f*>H within the original and* normal intent of the ordinance and "front yard". The caretaker house and fro^m'^ox^Street^be set back 125 and 150 feet, respectively, from Fox street. There would be no detrimental visual impact on the "f^^hborhood hv allowiM a variance from the -front yard" ordinance. Land scaping which would shield the structure from Fox Street has been incorporated into the design. E) Because of the size of the property and the design, the essential character of the neighborhood will not AlC6iTcd by ^ lowin9 the variancG^* The proposed caretaker residence meets all performance standards Section 10.20, Subdivision 3 (G). 8 The City Council has considered this application findings and recommendations of the Plannin^g City staff, comments by the applicant and the ®£^®®^ .. ^ ^ variances on the health, safety and welfare of the commun y. 9. The City Council finds that the conditions on this pro perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, P®*® Jy^gJJve Js ^ or other danger to neighboring properties; demon- convenience to the applicant, but is necessary to ® f®®f”, strable hardship or difficulty; is Preserve a subs tw^^ property right of the applicant; and would be in JJ® spirit and intent of the Zoning Code and Comprehensive Plan of the City. 10. The City Council finds that granting a conditional P®”*^ J®’ allow the guest house use for a caretaker residence will not be detrimental to the health, safety or general *'®^^*^® P ^the^wnni,« nnt- »dvAraolv affect light, air nor pose a fire hazard or otner danger to neighboring properties, ”®‘^ .’'HJ ^*Pg®®Q*/*hVyr*o*p^property values and that the proposed level of use of t P. P will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. of Page 3 of 7 ••I I *i I1 A. rm ^ - f' I City of OROIN -. 1 ■ m •* RESOLUTION OF THE CITY COUNCIL NO. ________ V> ^ •* CONCLOSIONS* ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants the following variances: normally required to not exceed 1,000 s.f. in area, B. A variance to Section 10.02, Subdivision 9 (D) to allow the sport center structure and caretaker residence structure to be located as proposed between the defined front lot line and the principal building property; C. A variance to Section 10.26, Subdivision 5 (A) to allow the sport center structure to attain a defined height of 33* and maximum height of 40* where the defined maximum height allowed is normally •. f and hereby grants a conditional use permit per Section 10.20, Subdivision 3 (C) to permit the guest house use of the proposed caretaker residence structure, subject to the following conditions: 1. This approval is for construction of the structures and driveway as shown on attached exhibits as follows: r ; > ;< Exhibit B-1 Exhibit B-2 Exhibit B~3 Exhibit B*4 Site Plan Sports Center Caretaker Residence Screening Any changes in plans which result in a relocation of structures or driveway, or which result in an increase to the floor area or height of either proposed structure, or which result in a reduction in the degree of screening proposed, shall be required to be approved by the City Council. 2. This resolution shall not become effective and shall not be filed In the chain of title of the property until the City Attorney nas reviewed and approved a covenant to be agrMd to by the property owner. The purpose of such covenant is to iresure to the City the following: Page 4 of 7 •ysp- ■ a u... r .A w - w City of OROINO ftESOLUTION OF THE CITY COUNCIL 2204NO. V A)' The sports center structure shall never be used for -“.or non-paying guests. i;-'^ M.B) The sports center structure shall be adequately screened from the public rwidway and from the neighboring residences so as not to appear as a commercial-type structure. Acce.. to the sport3_ 0enj:er c%"ss“ f rom"thl f?via the public roadway but shall driveway. D) The sports center shall never be sold separately from the main residential structure on the property. £j jf the property is subdivided, the principal residential structure and the sports center facility shall remain on a parcel of property that maintains at least 13.5 acres in area and maintains at least a 150' setback between the sports center and all newly created property liaes. and maintains appropriate screening of the sports center. 3. The caretaker residence shall be for the solo use of the owners or occupants of the principal residence and their domestic employees or non-paying guests. The caretaker residence shall not become a separately rented dwelling unit. 4. During construction of the private driveway, caretaker residence and sports center, all construction traffic that exceeds 9 tons per axle shall access Fox Street via South Brown Road and not from South Orono Orchard Road. This weight limit shall remain in effect until such time that a Certificate of Occupancy is issted for the sports center structure, except during periods of even more stringent seasonal road restrictions. 5. Authorities granted by this resolution run with the property not with the applicant, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (June 22. 1988). 6. Violation of or non-compliance with any of the terms and condi tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. 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, and hereby «9rees to the recording of the covenant (referenced in Condition 2. above) in the duiin of title.Page a pF T V . ‘'.?v City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2204 t i' June Adopted by the Orono City Council on this 22nd _ _ _ _ _ _r 19 87 . day of Dorothy M.{"Ballin, City Clerk 'Z' VAJ.^ 4Aa«>a\4.^ Property ^ner (s) i f '■ 'r-> ‘ ■"a; ^. • V; i I fiV./WWPMMj mmm Page 6 of 7 i • -V P-. • • i« • 41 # \ i I I I ‘ »i I I I $I V '■•r *• •■»■. I- v/ ^rvci^X-^ </ ,-2:: - n ^ X 11 • ' / ~ ' _________________v ^ . ■ > >xS \ V s 4> £•? Ic r* 5 sr oS c#^ s 22 O ^ ^ •? C •» O 3 55 iSSJ »« ■«••*«• watana* •«4 m« M«a *• •« '.M mm.* m '«■« • •■ • ^«a mm m *<m •*«• m :* / \ *lit I V\ u" -.f. # i'^AH£ r-!c^-c?f Sfite IPflum 4 »*>«; %U^f EXHIBIT B-1 RESOLUTION NO. 2204 \r I .; t . ,**-1 iiritii^ifLiMtt » •<: * a. • i - ♦ i. . ... F I * •# M*M* I I t- Eli- I I I —■ Iw^ssn *^.J I -----1 .- I- :iif a t/> « c .1 £-5 c J2 2 n ST^ j »t 3Si a r:o ->y .3 - - X.<^O - £. •-^ i£ -I O - c .C^ TV. -1/ «ak« «•«« r.» •!• • A Jm'jMis CQnmiiiu 5T5 ■gg6'V?s ****^^ O x'/aij EXHIBIT B-2 RESOLUTION NO. 2204 sk Sbb: i'' % 1 i •• ••..'••,:•..•••. i . *V.- . I * :' >;•'■"■ ?.-.:;:V..-4'.4 . • • . . ,' aV ? . .'-v- i' :■• • t* » - , f.-J M » 'r. ' ■ '“?33 a '• -Ulr; p- 1 • • •... • • Alt /«rr»< t-’ i.. EXHIBIT B-3 RESOLUTION NO.2204 j I i i aai»«t«aBiinBBr lJU t ■!^ I’- V r ’ *• €ffiH ‘ . 'K (jct.]ict> 1 5' !^' h t>ccvon2. f rs»^ — ir ■‘.V ■,. I- eccii^Tfi t) t* • •icwrit iOtt M ' ■ * - .■ ■iV- ■ ;^'- H ■:A I -I *••.«i f$mtl 10 ^- EXHIBIT B-4 RESOLUTION NO. 2204 ««• • mm* 0k Isr!FVfir«««*T / / U=i 4 • •< «t 1 \m.i i ^ j ■ '* ^-4 ^J\ ■* .< ,-v^ »V ^ • k ^^ ^ ^jg B?^- H f- ■ ). •/ rv ?■ Fs nRCr.ARATI«VI OP rOVF.NAMTS V ' 1. J This Declaration of Covon/intR i«; mai1»? ar..1 entered into this 13th day of July , 19R7 by and between Craigbank Associates, a Minnesota General Partnership {"Cvaiqbank") and the City of Orono, a Minnesota municipal corporation ("City'*). WHEREAS, Craigbank is the owner of a certain tract of land located in the City of Orono, County of Hennepin, State of Minnesota, legally described in the attaciied Exhibit A ("Property"), which is made a part of this document; and WHEREAS, Craigbank has made application to the City for a variance and conditional use permit to build an enclosed sports recreational accessory building ("Sports Center"); and WHEREAS, the City Coutxcil granted the application on June 22, I9fl7 subject to Craigbank meeting certain conditions set forth in Resolution Mo. 2204. Now, THEREFORE, in consideration of the approval granted to Craigbank as set forth in Resolution Mo. 2204, Craigbank does covenant with the City as follows: 1.That the Sports Center shall never be used for commercial purposes but shall be used solely by the property owners for their private use and for the use of the property owners, their families and non~paying guests. That if the Property is ever subdivided, the . , .. '^31 principal residential structure currently existing onv;^-i the property and Sports Center shall remain on a parcel of property that maintains at least 13,5 acres in area and maintains at least a 150 foot setback between ,the Sports Center and all newly created ‘ ' property lines. • * • 3. A, That the Sports Center shall never he sold separately from the main residential structure currently existing on the Property. 4.That access to the Sports Center shall be solely from the private driveway on the Property as set forth in Exhibit B-l of Resolution No. 2204. 5.That the Sports Center structure shall be adequately screened as describ*»d in F.xhibits B-l through 9-4, inclusive, of Resolution Mo. 2204 from the public roadway and from the neighboring residences so as not to appear as a commercial structure. I 6.That violation of this Covenant shall void Resolution No. 2204 in its entirety including all the rights conferred upon Craigbank therein. 7.This Declaration shall be filed in the Office of the County Recorder, Hennepin County 8.This Declaration may be amended only in writing duly executed by the parties hereto or their heirs, successors and assigns. 9.This Declaration shall be binding upon and Inure to the benefit of the parties hereto, their heirs, successors and assigns. A General Partner ym It?*- r-T CITY OP ORONO \ - i 3^’By Its City CleTV is Instrument Was Drafted By; ' Popham, Haik, Schnobrich a Kaufman Ltd. 3300 Piper Jaffray Tower 222 South Ninth Street * ^ .i . • t‘. h’n ‘ Minneapolis, Minnesota 55402 J1 -.■» 'U*J S 0 ... ... m . <».- ^'•-r- • •«i«s>e^amee m i ss^ r *i. • 4 ar ’ #• • * U* r»** V • » CRAIGBANK ASSOCIATES } f 1I1 r '• m • ** • • •* • • •. * • •. ••■ *»• -•• • i. «'.• at •*•>*• • • W t ..»»•' • ••■• •» » • ♦1>» • • . -.* *•• • • tea . W ^ •• • k «• t • • • #•■».• ^ ■•:.•,•».«*• • . a. . • •• r-. ■ *•t lz>\ <IZ. *= 8f)lS• • . ^ ^ a-Ma., .• I ^OXiS-^ist ^rr/tiw'' /2j07& (j ^OTNcN > • * . '• ••. ■ -• . ■'. *\* * i nV 1 . . - ... :.. ..• -n- .. ; ► 9J&¥ r*. • • • * *•. . ••“ •• t;\% v\,* \ - ; .i ■ t . . ■„ , ■ ■.^•- -i|. .' U4a4 » «*.» . •» *.4i*ru««wr -< •HL • •■ • :.'■•••>• .,•»•••. •*.■•• ♦/ ■• COMBUSTION Al TO tr OTF aoca•fTOIKT. Ail DUCT J . fl UH t ► .# •• -r*-. • •• •■•' • • la't * • ♦•••aa. __________________ iHKm&tAiii L"rf* . I snTuiis r MM. 1MAO k V MarNUOMXM------- MANOMAA tlQUKB ouiAwua. OHM uoa I - I ____________J Jl - I .•.a » .. I /l^ co/osrr^wcrre^ \ \ \ \ N ‘m V %.''' V ^ X \ ■<"* X V \ ' \ \ \ \^ \ \ .\'A ,u ^ /V-- JT i) /Ct<v^ S ^ '' 5S4nA i >B^i / ' , I ■' / ■/ ) / y V v/^ A / ^ t / '^a >A / / ) ‘e. .V-' A /5^\''^'>; - ' V // S-------ViiT - j^-TTAr-i •* •I *1 •. •* f..» -4. •*• •(•* ■• •• • • • •!' * • » • 4 • • V i» •' ^ t.4 •. u, c I i_i • J N -» « I i-aw^ 444.' ' :v'•-•u v-> • •*•*— ^ ... • ... « ., . ,».. V m .4... « 4 .4* - ... .W» -••♦ .. 4^.. . ..... ^ • - . ••« ' - - .&« 44 *4 •»•'**. <J. .«*» . .—' ..a*. '■?.. - » X5W.. .- a. :*r . ••• . * ' •» *■ .* ry“-\ki*. *•. • . •-/ 4 •' -4 - .#4^ . ^ . m • ^ A .uggfe-n>H- ■ I a* -4 4- t ... •%.. ^.«»4 #.'*••• 1 .4* t .', »•?■«.• • - ■ » . T • . ... ., ,.^4 .« I .... 4 • * . 4 *• ■ *•* - ’ * ♦• • • • • •• . r i fc ■ « • • «• .. • •; • . • • • * • « • « 0 % • »«• ^4 « ■l.= I V '* # ir.- . r ..1... ■V. * .* 4 . *r ••n • • - . .M I 4 i? I • • ■* * • . 4«P<X • • •• m*'' ». ,.i2:. *■' * ^ . • i •! ' r*r » . f.r:, • yNia.i mm • *.. ^ i « 1 4+'liA' • • m<^’»--• . » . •#« « :i r- , ?. * r. • -■• %. * I • •»I ^'Mlllilllllft i^nitiimi.F*vr K ^ — -T X—r" * ?• —'•-r,.------- 44'-24 ♦ <' > • « . m **.»«W * W MW. ^ * ;i* r . ^ • IWIII' «iimti .» 4* V »i. - — laJ- o; I •• • 1 i * < » ... !wn32^ • ► ••. m ■V.^ >W-i '*»«• . • •i *. * r .• .............. 'T-'t ■t; § 10.03 Planned Re^sidtntial a? F^oVided'^Yor^ meet 1 “ retired setba^ck standards or an existing dwellingj^hrle a new principal structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Source: Ordincuice 26, 2nd Series Adopted: 7—14-86 Subd. 8. Lots to Face Streets. Each lot shall face on a public street xut-^ppropriate private easement. Subd. 9. AAessory Buildings A. Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 C. Area Restrictions. In all "R" Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. ^ "Oversized Accessory Structure" is defined as an accessory ‘ ” print area in excess of 1,000 square except that followino non-roofed accessory structures which exceed 1,000 s._f._ tootiprxn^ area ate ^ ^ ^Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas ORONO CC 255 (4-1-84) I § 10.03 2. Oversized Accessory Structures regulatied by the following table: are Lot Area 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre 3.51- 4.00 acre 4.01- 4.50 acre 4.51- 5.00 acre 5.01- 6.00 acre 6.01- 7.00 acre 7.01- 8.00 acre ftp arrr 9.01 acre or more^;;^^.01 a Maximum Individual Accessory Structure Footprint Area 1.000 s.f. 1.200 s.f. 1.400 s.f. 1.600 s.f. 1.800 s.f. 2.000 s.f. 2.200 s.f. 2.400 s.f. 2.600 s.f. 2.800 s.f. Maximinn Allowed Total of All Accessory Structure Footprint Areas* on a Procertv 2.000 s.f. 2.400 s.f. 2.800 s.f. 3.200 s.f. 3,600 s.f. 4.000 s.f. 4.400 s.f. 4.800 s.f. 5.200 s.f. s.fion 3,.f^ 3,000 s.f.6,000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such strucrure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30* from the side or rear lot line regardless whether less strict principal structure setbacks apply. > b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: I i. ito future subdivision will accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure mus^ be removed if no principal structure has been constructed. ORONO CC 255-1 (8-14-89) . ^ 9^ 1 § 10.03 Ji’i. ^ r^' pfc. r /• ii^ If the property is acceW«ry structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. the setback required for the o defined herein shall remain. /iii.y In subdivision approval, ize accessory structure as Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 D. Location. No detached garages or other Subdivision 6 (B), Section 10.24, Subdivision 5 (B) and Secwion 10.25, Subdivision 6 (B) except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn-around is provided on site. This section shall not apply to lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 r 1. Location of Principal Building to Lakeshore. No principal building shall Zf feet to the natural ordinary high water mark of a lake abutting the rroperty. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the leUceshore and the allowable building line. 2. Variance From Lakeshore Setback. Any application for a variance from the requirements of 1^®“* ^ shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 f ORONO CC 255-2 (4-1-84) iV-. w. ■ To Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson II l£. ih\a c Tr J From:Orono Planning Commission Date:March 11, 1991 Subject: Highway 12 - Corridor Review Process - Planning Commission Recommendation Please review the minutes of the February 20th and 27th Planning Commission meetings for more detailed information on the background discussion of the issues raised during this review. At the work session held on February 6th, Commission members defined the scope of their review and the specific issues to be addressed by the Commission as Council had provided no specific direction in their charge to the Planning Commission. We concurred that the first step would be to define a series of goals and policies that would set forth the framework for discussion and finally support a final recommendation. We agreed that the recommendation must include a specific location for an east/west corridor, the type of corridor or upgraded road to be installed and potential impact upon existing zoning (land use) within the City of Orono and impact of an east/west corridor on adjacent cities. For the record, this recommendation has been developed without the benefit of the findings of the modeling and traffic forere.st study by Howard Needles & Associates to be completed in April of 1991. Our final recommendation has been influenced by specific written/documentation, comments of the professional staff and consultants for MNDOT, Metro Council and Bonestroo, Anderlik, Rosene & Associates and are specifically listed as follows: 1980 Community Manag«>.i;>ant Plan of the City of Orono. Intent of the zoning districts within the City of Orono. Sections from the Metropolitan Development Guide/Policy Plan. Plan for MNDOT Safety Improvements for Highway 12 scheduled for Comments of Cax \ r’’^ n. Principal Planner, Metropolitan Council. Comments of Laivy t iiLlam, consultant for MNDOT, Highway 12 Project (Howard Needles & Associates). Comments of Natchez Diaz, Transportation Manager, Metropolitan Council. UIf Highway 12-Corridor Review Process Planning Commission Recommendation Page 2 8. 9. 10. 11. 12. Comments of Gary Rylander, Transportation Engineer, Bonestroo, Anderlik, Rosene & Associates. Written and oral comments of citizens of Orono. Minutes of the Policy, Citizens and Technical Committees for Highway 12. Comments of concerned citizens groups of Long Lake. Informal comments of an Orono School Board member. Planning Comnission Recommendation Policies/Goals 1. 2. 3. 5. 6. 'j'.y'i Overall goals and policies of the 1980 Community Management Plan are still appropriate and should be restated for these discussions. The designation and/or new installation and/or upgrading of a corridor through the City will not result in the rezoning to commercial or industrial of abutting lands nor the expansion of existing commercial or industrial zones. No changes in current zoning shall be considered. The City shall support the views of its residents but final determinations must be based on a comprehensive response to immediate and future transportation needs. The upgrade of Highway 12 is necessary within the Orono/Long Lake area because of safety factors. To encourage all levels of communication between the Councils, Planning Commissions and citizens’ groups of the cities of Long Lake and Orono. To encourage a forum for the exchange of ideas and concerns for the purpose of developing a mutual plan/agreement between both cities. Adopt the following from a staff memo prepared for Council entitled "Initial list/potential goals for Orono", as follows: A) effectively and safely handle traffic (not via a freeway); establish corridor to plan around; minimize time length for property owners caused by uncertainty as to highway location; develop corridor as close to present as possible; limit residential impacts; protect the natural environment. B) C) D) E) P) I tiilitiMini liin A ■< I-::; f?'"' I -• ♦ Highway 12-Corridor Review Process Planning Conunission Recommendation Page 3 Corridor Location The Planning Commission recommends against the creation of a new east/west access corridor through the City of Orono and reconunends that only existing corridors be considered to minimize impact on existing land use. The majority recommends Highway 12 rather than County Road 6 because of the potential impact on rural residential zoning adjacent to County Road 6. The Planning Commission viewed Highway 12 zoning to be more consistent with an upgraded corridor. The minority opinion asks Council to consider County Road 6 beginning at Highway 101 rather than a future road linking 4-lane Highway 12 at east border of Orono to County Road 6, the reason being that there is more unused, undeveloped area adjacent to existing road. The upgrade of County Road 6 would have less impact on exisring development than the upgrade of Highway 12. If the current upgraded corridor reverts to a freeway at a later date. County Road 6 is at the northern border of the City and would not result in physically dividing the City as would Highway 12. The Planning Commission unanimously encouraged the City of Orono to work with MNDOT and the City of Long Lake to expedite comprehensive safety improvements to Highway 12. The members are concerned that the needed safety improvements continue to be delayed now to 1993 and based on future budget limitations may not be realized in 1993. Design of Upgraded Road It was unanimously recommended that a "minimum width right- of-way" roadway ("less than expressway") be constructed with a concrete median barrier separating opposing lanes because of space limitations. They strongly recommend against this roadway ever being upgraded to a freeway status and would prefer to have speeds not exceed 40-45 m.p.h. within the City of Orono. The Planning Commission strongly encourages the Council to carefully consider the findings of the modeling and traffic counts in order to determine how much of an upgrade is needed and that based on where the needs are from the west, that Highway 12 should not be the only alternative considered for addressing regional traffic flow and pressure from the west. .i ■■ in Highway 12-Corridor Review Process Planning Commission Recommendation Page 4 I]iQ>act on Existing Zoning The upgrading of Highway 12 shall not result in the creation of new commercial/industrial zoning districts within the City nor shall it encourage the expansion of existing commercial/industrial districts. The existing zonxng along Highway 12 will be compatible with an upgraded roadway and that the kind of transportation needs addressed in Comprehensive Plan Amendment #2 be considered for all developments adjacent to Highway 12 (development of service/frontage roads and prohibition of direct access onto Highway 12 for new development). Impact upon Long Lake of Upgraded Existing Corridor We concur that future consolidation of both the City of Long Lake and Orono makes for good planning sense for both communities. The minority opinion cautioned that such a recommendation may be construed by Long Lake citizens as an adversarial move or agressive takeover. The majority of the members believe the opposite as this is the opportunity to encourage formal discussion between both cities. The City of Long Lake must be made "officially" aware of Orono*s true intention. Orono does not wish to compete wit)-, the established commercial community of Long Lake but to assist and support it s perpetuation. A "contract" consolidation need not result in the loss of Long Lake's unique identity as a business center. I Vi.- ‘ - •• • ' “ tK.f i # . »' Tos Frons Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator March 13r 1991 Subject: #1616 William P. Pucel, Baldur Park Peninsula Sketch Plan Review Pertinent Ordinance - Section 10.32 - PRD Ordinance. Section 10.22, Subdivision 1 (A) lakeshore setback. - Homesite 1 requires Required Proposed Variance 75' 50* 25' or 33.3% Section 10.22, Subdivision 2 - Lakeshor® hardcover and land alteration regulations. A) Hardcover Facts: Total Area ■ 120,395 s.f. or 2.76 acres Area within 75-250' Setback Zone “ 22,000+ s.f. or .5 acres* Allowed Hardcover * 5,500 s.f. or 25% Proposed Hardcover for Each Homesite/Pad =* 5,500 s.f. (includes 3 car garage, drives, decks and sidewalks) Total Proposed Hardcover » 16,500 s.f. or 75% B) Land alterations within 0-75' setback area. Applicant proposes the installation of sewer lines within the southern shoreline located within the 0-75' setback area and floodplain. Note cul-de-sac will be located within portions of the floodplain. Land alterations within floodplain and 0-75' require variance and conditional use approval by the City of Orono. Such land alterations also require approval of the DNR, Corp of Engineero and MCWD. With fonnal application, applicant will be responsible for submitting revised area calculations for 75-250' setback area. 22,000 was an approximation made by staff for previous sketch plan review when Lot 30 was excluded from proposal . Section 10.32, Subdivision 3 - Council discretion. Dwelling units permitted at discretion of Council subject to limitations provided for in each zoning district. C- I [ pS ’:^ l-V' ••■■;;J-... . : I. n tTV .< ^ Zoning File #1618 March 13, 1991 Page 2 of 6 LR-IC requires 21,780 s.f. or ,5 acre in area Total gross area * 120,395 s.f, or 2.76 acres Allowed density = 5 units Proposed * 3 units* * Note in determining total lot area for all lakeshore lots, the area in the 0-75' and floodplain are included in final area calculations for a lot. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Application Plat Map Applicant 's Addendum Deed Reflecting Easement Through Lot 2 Ernst Associates Letter 1/26/82 Baldur Park Road - Existing Travelled Road Baldur Park Plat PRD - Sketch Plan 1982 Plat - 75-250' Building Envelope The applicant proposes three residential pads and an open space outlet that includes the private drive at a 16' travelled width. As already note above, the applicant wishes to be allowed 5,500 s.f. of hardcover to develop each of the three residential pads. One of the proposed building envelopes will encroach the 75' setback line and is proposed at 50' from the 929.4' elevation. The applicant proposes three residential docks to serve the three residences along the north shore within the open space outlet. As already noted in applicant's addendum, applicant has met with the adjacent neighbors, and as before, the neighbors have voiced strong opposition to development of the peninsula. Review Exhibit P, Baldur Park Road right-of-way officially ends at Lots 17 and 18. The travelled road extends through portions of Lots 19 and 20. Applicant has provided a description and diagram (Exhibits D and P), depicting an easement through Lots 20 and 21. Applicant owns remainder of driveway that continues on to the point of penisula. It would appear the applicant has also had discussions with John Gerhardson concerning extent and type maintenance performed by City with upkeep of road. All of these Issues should be addressed by the City Attorney when a formal application is filed, in order to determine what steps are legally necessary to acquire legal access for the applicant's property. :* ?'l rS' T ■K !r ■ '1J •li Zoning File #1618 March 13, 1991 Page 3 of 6 Issues for Discussion 1. Lacking any clear direction in your PRD ordinance, does the PRD appear consistent with other Planned Residential Developments approved by the City (i.e. open space outlet, configuration of pads, etc.). 2. What is your position on the density at three units? A previous application for a three lot plat included Lot 30. Review Exhibit I that depicts the 75~250 ’ building envelope. 3. What is the Planning Commission's position on the approval of the lakeshore setback variance for building pad - homesite #1? Would the three unit density be more acceptable if lakeshore setback variance was not required and building envelopes were more clustered within the 75- 250' setback area? Is that possible with Lot 30 excluded? 4. What is your position regarding applicant's request for 5,500 s.f. of hardcover for each building pad? If you approve this percentage of hardcover per building site, would you seek a reduction in density? 5. The applicant's addendum has set forth the hardships very clearly for this unique property? Do you agree that the property is so unique that the City would not be setting a negative precedent with the approval of variances for new development? With the preliminary approval of the previous 3 lot plat in 1982, the City approved hardcover variances only for the two undeveloped lots; Lot 2 was limited to a 12% hardcover variance. Total hardcover at 37%. Lot 3 was limited to 37% hardcover variance for total hardcover percentage at 62%. Lot 1 would be allowed additional hardcover within the 75- 250' setback area, but only if there was equal or greater reductions in the existing hardcover within the 0-75' setback area. Planning Commission directives to applicant in the filing of a formal application for a PRD/subdivision. The Planning Commission is asked to provide the applicant with specific direction as to what is acceptable or the degree of variance that would be allowed within this PRD development. 1. Number of density units allowed? Approximate total or gross area * 120,395 s.f. With formal application, this area should be reconfirmed now that Lot 30 is no longer included. Is 3 unit density more acceptable if there is no encroachment of 75' setback line? 4 lx Zoning File #1618 March 13r 1991 Page 4 of 6 2. Allowed hardcover for each building pad. Total area within 75-250* setback area is .5 acres or 22,000+ s.f. Once again, this area must also be confirmed in the formal subdivision PRD application. Applicant proposes 5,500 s.f. for each pad or 75% coverage within the 75 —250* setback area. Based on the final configuration of the building pads and the design of the PRD, Planning Commission may consider the following options regarding allowed hardcover, as follows: A) Allowed percentage of the total area within the 75—250 setback area and allow applicant/developer to distribute the allowed hardcover to each of the building pads, i.e.: Total Area = 22,000 s.f. Allowed » 5,500 s.f. or 25% Approved for PRD « 9,900 s.f. or 45% Homesites 1 S 2, Allowed = 3,000 s.f. each Homes!te 3, Allowed *= 3,900 s.f. B) Esuablish a fixed percentage of hardcover variance based on the pads within the PRD irregardless of size of each pad - similar to applicant*s request. mmm 1 ■ : -i ' ‘ At Two Pads: Total Area = 22,000 s.f. Area of Each Pad ** 11,000 Allowed Hardcover “ 2,750 s.f. or 25% A) Proposed Hardcover = 3,500 s.f. or 31.8% Variance « 750 s.f. or 6.8% B) Proposed 4,000 or 36.4% Variance *» 1,250 s.f. or 11.4% C) Proposed ■ 5,000 or 45.5% Variance * 2,250 s.f. or 20.5% At Three Pads: Area of Each Pad > Allowed Hardcover 7,333 s.f. ' 1,833.2 s.f. or 25% A) Proposed Hardcover ■ 2,500 s.f. or 34% Variance *» 666.8 s.f. or 9% B) Approved 3,000 s.f. or 40.7% Variance « 1,166.8 s.f. or 15.9% C) Approved Variance 4,000 s.f. or 54.5% 2,166.8 s.f. or 29.5% i 1 1'^ Zoning File #1618 March 13, 1991 Page 5 of 6 D) As proposed by applicant; Proposed = 5,500 sf. or 75% Variance = 3,666.8 s.f. or 50% If Members are agreeable to granting hardcover variances, will you also grant a setback variance as requested by applicant for new development. • ~r-S Staff's directives to the applicant; 1. Your formal application will include not only a subdivision/PRD, but must include variance and conditional use permit for hardcover variances proposed with application and land alterations within the 0-75' setback area that will also exceed 100 cubic yards. 2. As filling and grading activities are proposed within the floodplain area and within 50' of the lakeshore, your application must be reviewed by the following agencies: Department of Natural Resources Minnehaha Creek atershed District Corp of Engineei . 3. Upon formal application, the City staff will present the information regarding the easements through Lots 20 and confirm the maintenance records of the City for Baldur Park Road and ask for an opinion from the City Attorney as to legal steps that are necessary to gain legal access for the proposed PRD. 4. The cul-de-sac area shall be shown as a dedicated right- of-way for Baldur Park Road. Applicant proposes the drive at 16' width. This will be subject to the review of the City staff and consultants. Applicant is asking that this road be retained as a private road. Entrance monuments and gate should be shown on the plan and profiles and elevations submitted with the formal application. 5. Applicant's engineer should make arrangements to meet with the City staff to discuss extension of municipal services and to work with owner of Lot 30 to determine share and cost of improvement. The formal plans for the PRD and subdivision should include the following information: - Designate the 929.4' elevation as ordinary high water mark of Lake Minnetonka. - Floodplain elevation at 931.5' jiy: Zoning File #1618 March 13r 1991 Page 6 of 6 - Define each building pad or homesite. pad define the 75’ setback line. Within each - Provide detailed to-scale drawings of each building pad showing access drives and outline of principal structure. Based on final recommendation of Planning Commission regarding options for determining allowed hardcover for each pad/ applicant shall provide a break**down of hardcover within each site plan. - Preliminary subdivision should show extended sewer line within southern shoreline. . i 6. Applicant will be responsible for the demolition of the accessory structures on the property prior to final plat approval. Applicant should consult with staff regarding the removal/burning of debris and piles of rubbish on the site. iHii ' y' J ’ * i -■ Hi vW;’' ■ • IvA- “.-j. . • V. -- m r j V'l Kir jh H •i «• KaJMil - * *■-? mlB r iiitHifTT * ■J ‘.j 1 --.k/A 11II r aft II rr I iiiB H* r 11 ~~ii i~TI Ti I 111 ii I i « I 1 ^1 ■ l> I> I ■ ■■■■■I r m, ■ — I e .m ,, I ^ V CITY OP OROMO - VARIANCE APPLICATION 3P Initial Application Fee(^TtS.O ^ ($50.00 per each additional variance) Renewal Variance Fee $100.00 / / (no change from original application) After-the-Fact Fees (Dou>jie application fee) V'.’N. ) HL A H PROPERTY LOCATION Site Address _cujL/rPo^ ”CITY OF 0R[M) h<r>a.c}FI AniUiI urtiLc f7nVl'‘.*A/>AAA VW* VW V Tt Property Identification Number (PeI#D»)A i fT»i* VA iXll iCTA fU\ • VV Attach legal description to application if not included on llZ:i7J^rrw(u is cmMuaft-t^nVchkn rucrvk/nuv«« APPLI (home) /n U —S5'^ ~00'4^ R 150.00 IPT-Jt^K YOU sPOliJO COOl ROl Til:51 t:^u/ Tv KLitir lame / Jrv^ r. -/?;rgL Address ______________ Phone (work) ) /rxffggPFKl /Ax^L City; PL'TH ooTO __ Zip; Phone (home)__--("^OWNE r ) (if different than applicant) Name l\)iV) J. M. PZnlC^Uhl___________ (wcrk)^ % Address :/£)/)D (jO. SfPnf^VuuPhY City:_JfhjQD££lf£lhE Date Property Acquired n ^A a/ '$3 (month/year) I (do) <(d^ no^ also own the adjacent parcels of land. Zip: ^411 '■^2 PRESENT DSE OF PROPERTY Present Zoning District Present Use of Property»- SH" t/A-CAI^vT f^LATTED /.A^^Residential Other (specify) \ DBSCRIPnOH OF REQUEST Estimated Constiruction Cost $__________ 4 ^nJ6Lfc Fakvily «tJ ftATTCC ------------------------------------------------------------------------------------------------------------------- Describe request in detail; VARIANCES REQUIRED Lot Area . - r*v •» i -• V Lot Width Hardcover Setback Variances ( Other _ _ _ _ _ _ _ /\ Front Side ^ ^ Rear) I • * *i( ' |> fi<irih>iiM, I I ,|M%. a, ^HARDSHIP Describe undue hardship or practical difficulty resulting, from strict #_ __ _ _ _ _ _ _li ^ ^ ^ k t : 4 f / I r # I a.enforcement of zoning regulations: r DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements t Lfea\J4> cfL, Cf(l\LfP/tJCa— lfn&. [SQUIRED SUBMITTALS * PrmiiCompleted Application Form 2.1/ Certified Property Owners List of owners within 150' (you must obtain ■ this list from Hennepin Coqntv Department of Finance A-603 Govt Center 348-3271). 3/^ ^ , • 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8Jj"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Ji"xll''). 6. Sketches or plans of floor & elevation views (provide 1 copy 8%"xll"). 7. 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 application. Please remember that your variance application is not coo^lete 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 suppliad is true and correct to the^ be^ o^his/her knowledge. Applicant's Signature / _ _ _ _ _ _ Date /d' - - - - - - 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 thi^queft.^^ o--. Owner's Signature Date /2 - Z Applicant must have all submittals Into the City offices 25 days before the^^- Planning Commission Meeting. Planning Comi^ssion Meetings are held on tai© third Monday of each month. Applicants must b« 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 6 Zoning Office of this change prior to the meeting. • i yr T V • • • • • V • •• • . • *•I ___________I ■ ir< iTirffiyhAii *» so tu, nr / SONm / •V / m / \ p •••>«• ^ ■* / • •. .. li -V- f \>•:^-—: A \ A / V • -•* • A 4 A/, %%<^/ V •> • •*M •H> . X A* \ I At A' /,ci\ V» !• \ -\ LI * ,' V / V.:A t • 7 >• # i('4i) 5 (ip\fc wi ^1 MU. Jil » * t !• n. to0^1 tt'lTlty^ (Cl 1 »A« V * xW V s ?»• 1 11 It <o X«c V. •Y#i#<# ' ■ /jo ® ? . 3.' > 5c. tco w>flal9 l «:/ov;a IVf c Kes. ••y c- „ •* W* *3w«n, C'liui ■•r vit« nla^7; SEC.17,T.1I7,R.23 • ^ w #161 1 BALDUR PARK 2-22-1991 We/ Bill and Jean Pucel/ are submitting the enclosed sketch plan for developement of the Baldur Park Peninsula. We realize this particular property has a long history before the commission. Several previous attempts in developement have failed to materialize/ partially due to the expectations of the developer and partially due to the constraints imposed by the City. We realize the Commission and Council cannot use financial reasons for making their decisions/ however; financial concerns are extremely inportant to the developer. As the City requirements are placed on a property the developer must pass the cost on to the lot purchaser (Additional costs divided over the number of lots.) This particular property unique in its shape/ long; narrow and smaller building envelope has water on three of its sides which has further reduced the buildable land due to setback requirements. The conditions applying to this development are peculiar to this property because it involves a peninsula rather than a typical lot fronting water on one side only. The conditions at Baldur Park do not generally apply to other land or structures and no unwanted precedent would be created in this situation because the variances would apply only to this unique peninsula. Road/ cul de saC/ sewer; site developement requirements; plus land purchase dictate to the developer the necessity of a four lot subdivision. We are trying to make it viable with three. When the word "we" or "developer" is used/ please note this represents Jean and myself; not some big corporation in downtown Minneapolis. We plan on living on the end lot ourselves/ so we are paying particular attention to environmental conditions/ aesthetics/ (costs) and want to be part of the neighborhood and community of Orono. We have had several meetings with Jeanne Mabusth and are trying to incorporate her guidance to the best of our ability into the ski'tch plan. So let's start at the beginning and give to you our thoughts and concerns. Jean and I have met with David Mess; owner of the existing home on lot 30/ to discuss our plans and pursure the possibility of purchasing his property and including it in the developement. The price is out of line with the Vc.lue of the surrounding property and does not increase the buildable land nor give any other advantage other than change of ag^arance. Jean and I met with the neighbors in early January; 1991 to introduce ourselves and share our plaris for the peninsula and to inquire if they would be willing to grant us a toad euserent . Attending were Mr. and Mrs. Sterling (Wendy-owner of lot 20)/ and Mr. and Mrs. Keesling. (owners of lot 19). Unfortunately they entered with great hostilities towards us/ probably because of their experiences with the previous owners. The result of the meeting waS/ They didn't want their park built on; well maybe they would allow one house. They plan to stop developement by not allowing access to the property. The enclosed road survey shows that a point of lot 17 and 18 (Mr. Berry's property/ who cculd not attend/ but was contacted later and would get back to us) extended across the existing road. The original road has been allowed to gradually erode and migrate through use onto their -I- 1 ••'I ■iybiiaumAM r :-V L r 3 t- rr t'y--•.‘/i •.v7^ J »*«•«»»« wo I property for several years as Hurd aerial surveys show. The Keeslings (owners of a home on a 50'loti lot 19) have a few feet of the road now on their property. Wendy Sterling (owner of a 50' lot plus portions of lot 21) stated that we have no easment across her property. I stated that was not the case and she was fully aware of the easement which is recorded against her property and is an attached Exhibit A for your reading with this sketch plan. Hie Keeslings and Wendy stated they would not give an easement. I have an easement across lot 20 and if I steer a little to the left I don't touch the Keeslings foot or so. Please note that Wendy must trespass (if they want to use that word) onto my property (lot 21) to get out of her garage. I searched the Torrens Certificates and The Sterlings and Keeslings do not have a recorded easement to cross lot 17 & 18. However/ in consulting Robert Mitchell from the Linquist-Vennum law firm/ he feels access is not the problem. The public use of said property for more than 15 years allows access. In addition the City has maintained winter snow removal up to and through lot 20 for more than 6 years thereby meiking that portion a public street. As you can see by the survey/ I have a nonexclusive driveway easement for the rest. If the City must condemn the necessary land so be it. To minimize environmental impact and hardcover/ I am proposing a 50' surfaced cul de sac with 100' right of way as indicated on the sketch plan and a 16' hard surfaced private drive following basically the same path as the existing road (which is partially hard surfaced already). The position of the cul de sac will provide a greater road distance from Wendy Sterling's property. Entrance enhancements and gates will be constructed as to City approval. Hie issue of the access road hardcover was accepted by the Planning Commission previously. Water run off from the road will be collected into a drainage pipe and directed to a holding pond. I called John Gairhartson (sp) to inquire on the depth of the sewer manhole nearest the project (lot 20 la hooked to the sewer). He stated the depth to be 4 1/2 feet/ so a lift station will be necessary to provide waste disposal from the sites. With sewer being brought out to the point/ the existing home (lot 30) will now have sewer available and should share in the expense of providing such. Sewer and other utilities access will come along the southwest shoreline side of the porperty to avoid damage to the root system of the large trees along the road area. Environmentaly/ great care is to be taken to preserve the natural setting that makes this site desireable. At Jeanne Mabusth's suggestion/ other than existing/ only a 50' strip of grass will be allowed arouxxl the home site. The shoreline vegetation will remain intact. Dockage will be along the norhteast shore with three private docks positioned along the 400'shoreline. The homeowners associatin for this project will be jointly responsible for maintainer.ee and upkeep. Hie large outlet A includes the road and open space areas from the cul de sac cn up to the first homesite. Ihe out-lot would be kept natural and as is (minus brush arx3 debris presently onsite.) Hie site name of "San De Mar" stands for sand and marsh representing the substantial sandhill/ sandy shoreline and the marsh like area. Hie marsh area is not a dedicated marsh area as far as the DNR is concerned/ however it will be maintained as such. Land contours will not be altered as in the Marco Franklin proposal, we will build on slabs for site one and two and excavate for a basemente for site three/ leavinct all other A. w ► F/;:fet’:,'. 2 ? i. \:\ c •* o .1 <2-= topography as is. Trees in the 0 -75 area are not shown on the sketch an approximation of trees inside the 75 - 125 are indicated. I would like to keep all trees if possible and the home design demonstrates this. The homes to be built will average approximately 5,500 sq. ft., three car garage (no boats will be allowed to be stored outside), normal deckage, and sidewalk from driveway to main entry. The existing PRD code is very broad and subject to approval of the council to grant variances and in this case the undue hardship caused by the unique peninsula leaving a great amount of open land requires variances. I have proposed an optimal configuration for the city to give variances for proper placement of the three home sites rather than cramming into the envelope and destroying nunerous trees. We would like the Planning Commission to consider: TOTAL SITE BASED ON STAFF'S BUILDABLE ENVELOPE 120,395 SQ. FT. 22,000 SQ. FT. THE PER CENTAGE OF BUILDABLE LAND TO THE TOTAL LAND IS 18% With PRD format of development an applicant may gain benefit of total gross area for density credit. Total gross area 2.76 acres Allowed density is 5 units Refer to Exhibit B: The City approved plan of 2978 had a hardcover of 72% A revised PRD plan concept Jan 25, 1982 the hardcover was 74% Marco Franklins proposal 1990 Staff calculated at approximately 60% Ihe City approved at Lot 20, 1376 Baldur Park (the property adjacent to the proposed site) a new garage in 1976 and renovated house 1980 with the HARDCOVER OF 121%, aux3 I believe this home has been added to SINCE that time again. At 1408 Baldur Park Rd the City approved remodeling the existing house and building a new garage with a variance for garage setback from 75* to 54'. We request a variance to allow a total of 66% hardcover in the buildable envelope to include the 3 homes, garages, decks, sidewalks, and driveways inside the 75-125 setbacic. This represents less than 12% of the total PRD land. In addition I am requesting that portions of the homesite nimber 1 be allowed a lakeshcre setback to the DNR requirement of 50' as shown on the enclosed site plan. In turn, I will hold back from the 75' line on homesite 3. This will allow keeping of existing trees. As this is a sketch plan I am showing approximate position and size of the homes. Some repositioning or shifting of homesites maybe necessary but within the 66% hardcover allowance. We have met with Jeanne Mabusth on several occasions. We have attended an Orono "Planning Commission meeting as observers. We have met with the neighbors. Jean and I would very much like to become part of your Orono community and have put our best faith effort forward for your review. We hc^ you look kindly on it. Thank You. -5- ' •% • • -t . -JmT ’’TtlK ,} W' ^ f' 25i:woa * - jyUBr JUX____ . i»48 .JnteitHrt. __________ ' —;73#p»UpTn;“T'IT^ V- • JOaiia^U------ - ,— Hl«t - - # .. /MUC«MUf •/ 2^.-2 JZi, “* ““ ’""“ •' t9U> BOLLJXS. _________________ ••>■-« , ..rww •/ «« ^r*<«, ••<< »*• ^>» -ri./-! •./ UMd <*—'* •W Ml«l« «/ JtU I. M /WlMMC Ir^'f.- “ th. •^•'’'"•jrnirrti Jfi*' .n »<•' irt'-—T. s;rth»..t,rly to • ox ..Id Lnt ro*. 45.0 l-.t ::«-^****,‘:**iJ lliJ or ..Id Lot cc. dl.t.nt sit r-« T ?r liVi; i.^,5 t to t*., pltoe^ of Vrlmlnc. BMMH BHaM fW Ib ___r iMP/blln Ummimg ®r H' * — _____, r KT^ ^rnr^ f4# lk-ir« ■r to f<to« I** •»■ ••» »*'< 1*^/. mU -to4 !••«< »^ WWto-f OOd ^loo V^ CLjt^ 0>I I •Cl* fid •S. d^oV • ■ > •*• •••.<• «.• • I • • • •» » 5i ’*vliiikf • M-- IT**K.:> mn. <^^xV-;:; \m\ t.?' ■ vS', r;N rKtWS;pi^ :‘r''.VV ItS: 5*1:^ MV-.?'-'- I I i.r|-> I •VP ’::*. ‘a #1 Jl X.» • r :' •; / «» • • •- • * »> >JJ Ernst Associates U^w«*,ww // o ' 'X .1 J/tf.U/'vRY 20,198? MS. JEAII M/YBcS'* ORONO PLA^^^lNG STAFF Cirr OF ORONO POST OFFICE BOX 66 CRYSTAL HAY, MIIJ^ESOTA • • )7^i II JAN 2 7 iD82 •I |i u CITY or ORONri f Jj ref : IWl-IX'R park / TCXiKA LAKE PROPERTIES / CCXJTROL I'X). U69 DEAR MS. MAYBE5H; SINCE OUR SKETCH PLAN REVIEV( ON THE ID JAf;U/^RY i'j22, I HAVE SEEN FADE AWARE THAT SCY^ PAST DATA (Xi THIS PROJECT WAS NOT .‘•VMM: CLEAR TO THE STAFF AND THE COMMISSION. WE ASSUF€D TIV^T AL l P/J1TIE5 WERE AWARE OF THE FACT THAT THE EXIST- It:r, SITE ALREADY TV\S 11,170 SQ.FT. OF HARDCOVER AND ONLY 6325 SQ.FT. IS ALLO-WED. AS YOU KFXXI THE VARIANCE HAT TmE APPLICANT V.'AS RECXJESTINC, CXi THIS PROJECT WAS IN REFERENCE TO HARDCOVER. WE lAVC SINCE PUT TCGETH.'TR THE FOLLOWING KARKOVER DATA COf-T'APATIONS FOR CLAK- IFICATlOfl A id your In FORMAT I Of-I. IN THE FOLLOWlNr, WE ARE COMP/^RING;EX!STI^X» SITE CONDITIONS, 1-L/V4 APPROVED BY TH^ CITY (2 /ODIT1C:lAL LOUSES) IN 1078,^PRD PL/C>I SUBMITTED A*0 REVIEWED BY CCf-T-USSiai a: la JANU/\RY 1932. F.EVISp CCT-ICEPT PUVl SINGLE FAMILY SUBDIVISION UATLD 25 J,V.L'/»Ki 1032 ,V;D /k C k IACENT EXI*'TING SIN'LE IV.‘MLY LOTS (IN liALfYIR PAR> RO: BUlLDAULi. A'.lA 75' SETBACK 25. S.F. ALLOWED HARDCOVER shct^t; Tlf>£S “S GREATER F - 1. EXISTING SITE HARDCOVER 25,500 6,325 11, r.'..1.77 +77% 2. PLAN APPKO'.'TP 1973 BY CITY 25,500 6,325 18,090 2.86 +186*. 5. PL/mN PRESENT 10 JAN. 1982 PRlV SKETCH PL>\N REVIEW 25,300 6,325 22,815 3.61 ♦2Cl«- 4. REVISED PLAN CONCEPT ““ JAN. 25, I9i’.2 25,300 6,325 ri^iiSO <17,900 2.83 +165% 5. LOT 20/1576 QALiXJP. PARK * RD. (NEW GARAGE 1976) (RENOVATED HOUSE 1980)•2,341 585 • 2,824 /; 4.83 +383‘l t-;4. |?l:J.M f.‘v; . V, t ''j p y f’ •..V7 L* Irjl.rn mm 6. 1408 0ALC*JR PARK RD. REMODEL EXISTING LOUSE 4 BUILT NEW rJVXAGC 1979 gll©r^!r;. IWCZ FCR GARAGE fnr.rnACK from to JAN 2 71982 ;! Cirv OF ORONO [y_±l WAS GR/V<rGP BY lY CITY 6,250 1,562 3,140 2.01 +ion V i'- .'jv- ill fT iPi y; \ \ "^. •• •\*. .>• . •■ .'•/ ■fV--; / / X't y • < f/ ■ / --?•■•' >: V/S/ vl'- V p»i ■V^' •;", “nil•I: y ■.■ V' ^ ■ •. V,- . MmM ■“V-. ;> ■ - V. . .: '•* : * ' W? * r '•■*'‘» ^fenp'0;# Kail ..4 i ,L‘ ■ ‘ > V/.V./V V / I ';-i- \. H; 4>»^*’ l*T to v?iv:' i*-. ■ ,.,'».' i> , *,J: / piv V- life? I.*. NOTES: >; V.l -4* »«••<• ' ** •• •»'•••• S.k .vT-'*’ f-': ... - : "■ ■ ;-»*f .•.t»* *t» S.i* |S •».t^ • *•♦ •*• * %j0H tf .. •?*. .rj ;^^»-*. :•.. ’ •«li. iusnftx*# *.M *• *• '• ♦•* *•• V'"? W V/ d^MM 1 .v S ' ■ :•:•■ . ■ • • •• * I 4 • • 4 ■.-■<- w San P; Mi V - ■ ‘ ^ u -♦ •:■ '‘h \ » . f ''-■i ,v*/ . ''r^- , r, . -L ^ -1 t\ « l-I* • ♦ 4 H i 4 1 UV:.";, i .V'TJ r.%? ‘’ •' '’ ■ »- .'I -v-w >’. :i 'fT • f I »■ »• •> « «iW o « -»« Ir • • • •■•'••?!.^-;:'. ('.) Ij/ ” • ^ : j:. • / r ^ PROPOSED SUBDIVISIONrFOR-^ < : ’ • • .it • .::.c :• GAPV a O DeTCrDO/^ikl : - -^ . '' -5: 9^^ LOTS 22-29,' SlrSS, AND PART OF ■ • L * . * • i I • , .tv ‘ < f J j . ^ a J ^ r ’ BLOCK I, “BALOUR PARK ■ -y * . ^ ■ ’ ' A ■y :.-V -wv-i-T" T-: «✓ '/*. Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator Dates March 13r 1991 Subjects Role of Planning Commission mmM At the March Hr 1991 meeting of the CounciIr there was informal discussion concerning an increased role in df^cision making and expansion of responsibilities for the Planning Commission. At the end of the discusslonr Council members questioned what Planning Commission members considered their current role to be. Council felt it would be beneficial for the Planning Commission to consider what they define as their present role as background for future discussions at a joint meeting as to a change or expansion in that role. For members who wish to address specific ordinance authorityr refer to Section 2.51* Section 10.06^ Section lO.OSr Section 10.09, Section 10.10 and Section 10.16. Sara Moos, Planning Commission representative at the meeting, and Diann Goetten, Council representative at the 18th meeting, may be able to provide additional direction concerning this request of the Council. Isv 'Mf' \r,: ■mm ii^^iwmmmmm -i -m mm mmmymmBi m iBifcMpMy - -V-: a—ggii th- y. ':*V- ' W'-■ B''a w'-: iTfe-T,.. ■ - i B V . i,ebp»W» • •• ■ \-m diT.'-r Sfmi mm mm .. J. . ■ \ . ■::■'■•■■ .. fe iiiii cm or craorUaXM OOHMXMIOB lonxM ■w, MMai 11, im 7i>o ».«. ■■■ W nOB - UL ONBi - J. Diana Ooattan iSi®; •cnoouB vonxc 7iao 1. «14S7 Uaa 0. Carlaea, 1140 NatartoMi Road -. ^■anawl Praliainarr lobdlTltlea - Pnbllc Marinf 2. 41(10 Alan 6. Caxlaon, 1140 Natartowi Road - Caadltianal Baa Razalt/Varlanoa - Rnblle Baaria« AcnoR mRt 1.(1(21 larrr ( Benall Jehnnon, 1041 Undaa Lana - Variaaeaa - Coatianatlao of Public Haarino (1(22 r. Joba Rardia, 14M Park Driva - Variaaca - Public BaariaR (1(23 Kaaaan ( Jaan Riehardaon, 2300 Doodbavaa Orlva - Caaditieiial Baa Pazait - PnbUo Raaria« (1(24 Oarid Cazlaim (Bhoraliaa Hariaa ( Yacht Club), 1155 Bhoraliaa Drira - Coaaorcial Sita Plan Ravio* - Public Baariag (1(21 Deo Olaoa. 4310 Berth An Oriua - Variaaca - Public Baaria« (1(2( TlB 4 Rath Yraff, 24(3 Berth Shora Driva - Variaaca - Public Baariag (1(27 Saaual A. NcCloud, Racerd I«t (22, Big Inland Aftar-tha-Pact Variaaeaa - Public Baariag (1(20 Hark i Bara Pianay. 4111 Bigtaraed Read - Variaaca - PubUe Baariag (1(21 NcHultY Coaatructio Variaaca - Public Baariag Couaell - Bighuay 12 Carclder Btady. 11. (1(11 Bk Pueal. Raldur Park - PRO/BubdlTiaioa ADoinam xxmm - 14. Bela of Plaaaiag Coakiaaiaa 11."’ A) ' Plaaaiag Coa«iaalon approval of aiautaa of Pabruary 11, 1111 aeatiag. _____________ "__________ A) Planiag cmiiaaiao approval of aiautaa of Pabruary 20, 1111 public Infonatloa aaatiag. C) Plaaaiag Coanlaalon approval of Pabruary 27, 1111 aiautaa of vark aaaalea. Planning Coaaiailon to nalact a rapraaantatlva to attaad April B, 1191 aaatiag of tha Council. Ppcoajp^ Joint maating of Council and Planning Coa^aalo CERTIFICATE OF SURVEY FOR TERRANCE C. JOHNSON »• Mc ;S-., IN LOTS 4JA1Z-LIMOEN BEACH-AND LOT 4. BLOCK IFORtST LAKE RANK ^ -M- 1 ^ C.. . r .# 1 OHeNMePIH COUNTY. MINNESOTA ^/S77MC* ^ 6oe>-* •«• VS-2. ^ riAYj A 2.7,3s-=> i*7,ayo ^ ^ , illSk. 7'?,zrr> 2-7.iS7> jXTs; ~ i^e'i/ft/jftV srtr. ’ €F>srT#J& ^'^'*2YAS*2ftiW •-1 0 */ CoVLEGAL » fcooS * 51 .*1 /• . . ---------------itMW 't M ->» . .^. . . pKthvi* K«e£>Q>UAe A-t A % -jW^pNriAr ^r^>,pv,5,ir VIVO .^.2*,.,^. «• Sou - , ____^ __________ • ll«l with »ho tareh tin* or Lot ^*. «ioA« « I2i thi ... straight lino dra**n trom . ,tolnt on’thi’’sJut^ f«itl s<Hitn tino fro* th« 3ouch»> sc cornor of said i^c U hc rli».trlbof1 lino a diacancc of S2 faac; clionca West to a Lot lb. *4 foot Saat Uofi9 I thia ..~v , • ananci* or ’M foot; clionco West i.or- - ------- lino or Lot I* lioAf a lioa lioraifuiti.i rafarrad to as Line "A* »n Los 13 '** thaaca norettaasteriy alona aald Hast iin»- of* uJa. «carw |i?2 2 OMinnin^. inel^ln, that part of N.irthoaatJrly l/rof UnJ « -«<«rd oi cn. North u«, of ..id l.oi J That Lrs ^ ‘‘••Cfibad and Jaoi^f^tad as Lina “A". ^ ac^arfs »o«t«aoatarly half of vacatad Lindan Iwine lyina baewaaa cha ascanskoo. O*o put thl?l,f f“' Mid county. Lot «. I|«k I, Knr«.t Lnko p.tk, .ccordioTto uid'county. ”* * ” ** '•'*"* In th. off.rn of rn. knqi.tor of Oood. in and fox tl>« loc.lioa of .11 ..t.tinf building, .nd Kound.r... of th. .novo dOKCllMd propotty. It doo.~ •oy othor lopro.»M,ti or ooctonchiMnt.. i«d*SlS *“n*r !;• S'"?' «*'“=' «opot.i..oo‘ » « a dsiy ra^latarad land turvayor luidar tha laws of tAo Stat^ ®f Mtonasota. .* :u“r::;ur ••■riiio. .hou, oo u«Md int„ corn* t SMMMac, inc. NO. Enoiooor.. Land gurvo Long Lnko, mnoo.ot. ... K :S;jr'. mm \ ciKTiFiCAri Of sumn ro* TERRANCE C. JOHNSON IliljOriAJAIZ'LlNOlNMACH'ANOLOTA.MOCKtPONItTUUCimilK ^#16^ HCNNER1N COUNTY. MNNtSOTA ^ M>M« A»» HU*>»1 / \ ^ V"- r.pi .r fj /a fjuT*i»f -\ k\,\l\\ \ \—'T — -\ "'/or 5/. 6':*:a: / /■ »7,sro rT,«o ~ ' * s ^8*/ *Vi-a- _ -*•-—Y' ' T ^7,^rt> Z*7,8SO ^ /. A ■/. ,p 7^:*' .1^ , ,^.^/. LEGAL BfW«”’*f»t«»f>': ar»»w rTfcc .i^.0% ./efrsnt>t, 71VA>7YES»3dW » fe*o» « 21 /• • f»^f A'» ■ ^m 8k SA •>f-:-;.'-.,ji-*gj ,;. _.LL..xL ■,.■■: . '• *% ■^“1 ■^■’4gk -ti,. B i .: /|i WM 1625 north arm lane SITE PLAN (NOT TO vja) -f ......'PH ''' v*%7 ';■■■■■■' :-;'■ y:t:'^:.'■■■■ i :~':v.- i^ZEIv^^ ■c#Sa».W „.-'j#- ;'ii .625 ExtSTIrtG Ertir.£-RED^ WfCCO TR-JibtS l/Z^LWOCD ISCBra.T building section -0 SCALE >^w»i-o" Cl t <M is? d o^o pj '5'^ ALL METRO LAND SURVEYORS 2340 Doniels 3»re#t, Long Lake . Minnesota 55356 Ph 475-1433 CEBTIFICATB Qg 8DB CERTIFICATE OP SURVEY FOR TIMOTHY TRAFP IN TRACT B, R.L.S. NO. 1373 HENNEPIN COUNTY, MINNESOTA SCALE t linch - DATE I 2-12-91,., rrf I Iron Marker Bearings shown are based upon an assumed datum. Legal Description> Tract B, Registered Land Survey No. 1373, Files of Registrar of Titles, County of Hennepin. This survey shows the location of all exlsiing buildings and visible hardcover In relatloi to the boundaries of the nbove descrlbad i>rop<irty. It does not purport to show any other inprtve- ments or encroachments. I hereby certify that this survey was prepared by me or under my direct super vision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. COFFIN 1, C.RONHERG, INC. HlMHfclOUMk _ _ _ _ _ Mark S. Gronborg MN. Lie. No. 12755 Enejineers, Land Surveyors, Planiiers Long Lake, Minnesota iWi^ £i^ii . K ;:r:;^T::>tS;j aB.'r^'Si-.T/r.d r'rfe^''•i.v«.’i«;-ii«»- »‘. ,vA t..sirA''<(i : 1 ;>■: a '<>. ^ ■ ‘'IJiiW*;”?-’.' '^ ■ [ I. ■ ;:'■" I r'-81^ite. j .aifk,..,: m f*^ t«/ r re$AJM A. " f^fykTiotosHi^ yo Hc*^%€S - P<86^0^€fe m- v:\i- ■ r" o|MS 1 ^iS „pr pS X =c-r [ Ri • i -/-tr-'.■ ■t^'-\ ^*r*r-^rE- -^-r^. UJ^lpil ’-.rv-' s-fmm -Ski |iHiif}ff!y|l^i^is;^|^^iaiOTj IM BBtflMlili igm l^|■!■f!!;‘•ii!^^!;!!h!::,:^^: K'--- .frorw-i;. l...:7,;. ;. |i'7#.bw .... . '■ ’If f r ■■'»?.’ ..» x.^-ir.4/;'. ,»-*■» -«’vf-ssf-* „.. I ^ i. .-i-v;.-] ^JlUM t: ff.- Pfstsifi«!*,•%■ < • *■ iM* a. 'i ’* . . t\V .- ' • • • :iil ' "V ■ ■ '•' ■HP" EM: :Z'40^ ... ..', ■ **?i " •■ ' 1 ■■■ .'■:^ ...■s,....... '■ R.\(^KT StPt, ^u-a/AT)QU -I5zy^-— — 'im ./'c '■■■ ■■. ■ ■; mrr,::SSSi' , -‘V!? ,<> . . ... ■: 1* jK’.-i-^ ■ • l^-- (ft -aii:.... ' «e^iii<iimat aMliili iiUK- -I C ...-- - :.v v »*-'‘^i''-‘rv■'^■ r .'. -" '■ 'S>(^CCryX:^crtr~P% —''y n n n ST^ i Y': !V ^ jr i bam/ bmmi - 1 i 11 - //’-*•------ji 14 <• J. -ffi m ■j:-. .V - ■'.•;■* ■i* -^-jvr i, p' sunvtY ran:THE MCNULTY COMPANY #1629 k«i» if (Ttt(<C«tk TW /*'s too [S pup 10/uyn iHtTii-g B*r karim «i*mjtwu SMITH’S BAY MARINA ■oui ME INCH EQUALS 20 FEET AVUXXUli Oetobsr ix, ar^ art' 9f arr erofenp Hft M«n •iMttntkH AitkllMti w6» wi«^ mM SHORELINE Marina & Y acht Club -amn . .,V" U i§,f SMITH'S BAY MARINA DESCRIPTION MA^MA On* JlAi MAR 1 8 1931 /J '' ^ 'r iry 4. IU9, At th# r«<|u**t ot V»rn Lar*on of ®"}JJ ina lneorperit«d, w« in«p«ct#d »»lth'« I,S’ i: ’^r .found «!• l»provRU«nt« th«re to con»l«t ot. .ocAtcd on Loti Lot 2, B1 NimMieta. 1. a’elub houM wllldb Vitn indlcitil will bo roplicod Utor thll yait. a. A 9MV01 parkin* lot uhleh vom Indlcatoo io lehoduled ter roiurtaein«. a. A gratad ootal boat ranp whleh li hingad and ronovaablo. ^ *.-buLLt aurvay lo,,. s (AtMUBIa 5 » B •Ifn fElMItt A wood walkway mad* of dlmefisloMl O«.*ooo _^^*^**J a nto n*d ahorolln* and ia built of ii*t»X with a di^ havin9 a 2-k4- b***, with a**x6" d*ckin« and ia attached ■•a walla A a*a walli which is socurod by eibl italnad shoralln* and ia built of motal and tha a. Two main docks which ar* censtruetad of 10" diamatar traatad pilinqs and dimansionsl Oaaos* traatad pin* lumbar. Tha pilinqs ara driven into the laka floor. Th* haadars lerosa ties) ara 2"xl0" and boltad to aach piling with two 9"x3/a* lag scravs. Tha thraa stringers for tha docking ara 2”xl0" and ar* supported by tha haadars. Tha 3"x«" ddcking is sacurad to tha stringars with 3* drywall seraws and is 5 feat in width. A 2*x4" is sacurad to tha upper portion of the stringer as trim for th* decking. Lying on tha underside of th* main docks, between the bottom of th* decking and the top of the heedere, are th* utllltlea servicing th* deck*. Tha slsetricel is carried within 1* 1/4* pvc conduit from a 400 ampere service. Individual service* consist of a 8**x8"x2' metal box with one covered ground fault double receptaele, four covered marine reeeptaclee and one security light atop. Each roceptaele ia a 120 volt 30 ampere individual circuit. The water line running under the decks ia 3/4* plastic pipe. Each water service ie 3/4" metal pipe secured to a piling and affixed with e double spigot on top. The 1/2” satel pipe aarvieing a standard refueling gaa pump tha aaatarly and e»AnricAtx9iu ... of th. louth.rly Min dock. ling I 10’ dliMt.r tr.atid Thirty Mvin ild. doeki mtinding troa th. Min deck which *r. constructMl of 10’ dliMt.r tr.atwl piling, a dlMn.ioMl Omom traatad pin# luabar. Tha piling! tri drivan Into tha laka floor. Each .Ida dock itrlngar 1. attached to two naln dock piling! with »’»J/!’ lag aerava and ia aupportad by a 2’xlO’ haader Mcurad to tha two pilings. Tha nlddla portion ot tha dock is aupportad by twin haadars sacurad with S’»J/a’ lag scrawl to ona or two notchad pillnga, drpandlng on alda dock langth. Tha and of tha dock la aupportad ^ a I’xlO’ haadar aaeurad with s’kl/a’ lag screws to a notched piling. Tha dock and is sacurad to tha notched piling with 5’x3/i’ lag acrawa through a 2’xlO" attached to tha ends of tha 2’xlo’ atrlngara. Tha 2’x6’ decking la sacurad to tha atrlrlngara. Tha 2’x6’ decking la sacurad to tha strings with 3" dnrwall acrawa and varlas from 2 to . fast In wldtl tha upper portion of tha atrlngar as aetrieal and watar, ara ‘ativ UtiUtiaking. th* main dock portion of this narr Sock slip shewn ara approximata, ng* due ' -4k HMB•tlVOROMO ■_ I t^ai^ I [ '^ ' •-* ,-ls^^.r;ret^s.^‘sTOrr^ h '■iSti: Tssr •MO** p! -vV ■«. I ">l %16 -r:=-.?^- N S»» T\ ¥*i «W»W«tto4^ 1 ■«. • I -) -C^ \ :"4''-. ^ ^ TV ' I L..U, ■/I $t^oa"^ MXO»i ’ srr.-.'sr=:=.‘n=.^:-— srrrr-um?."-- ) IS S--^V ^ri VI !4 mmBnmgrrn rnes- GRADJNG PLAN OP ottstal coefk fop MR ALAN CARLSON t t 1 iI