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Home My WebLink About10-19-1992 Planning Packetr Council PUBLIC ATTENDANCE CITY OF CRONO MEETING DATE ;.i PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CIT'i RECORDS. NAME (please print)ADDRESS NA^IE OR NUMBER PRESENT FOR (from agenda) c.1.o Iwi 2 . /?) /)^ / L r/ 2 I 4. (. p^jAI-. >Vi 5. :1 '_i-s / c-^Ct ^^7^ * e,:-t U Ifi. ty^ jX fv <1. V " r> '>v VKJ^^^ Vt'A v>a; -4 ck:/^"X|c: icua.7:) ^2. l^vf{Q f'j _ Hf -/*/ 1 4. .1t*» ILJ ^ ^ /V/ ."TrTSr,A r . U) Ifc « v»17. 18. Iw) J Cl U1 U.' 19. 20. ■5?SS viX^ ILV~S w o /i4/< ^ ^ A ucr . / A J A i-. A. ^S i'il |p.c*> -^aA )-v\ U,o...^o,nc-v il\t' Se’-< S 1 . V. >. • U' ^ fai ■ ... ■ ^11 ■■ ^i—■a /5 iZ iP) ^7 ^LvJtavt^ oHur 4 i ih,_H PLANNING COMMISSION MEETING MONDAY, OCTOBER 19, 1992, 7:00 P.M. 1275 BROUN ROAD SOOTH ~ OOONCIL CSAMBERS COUNCIL REPRESENTATIVE - J. Diann Goetten ATTENDANCE IDLED PUBLIC HEARINGS 1. 7:00 p.m. #1771 James and Sarah Jane Markoe, 340/350 North Arm Lane - Preliminary Subdivision ACTION ITEMS - Review of these items will commence prior to or between scheduled public hearings. Applicants presenting variance requests before the COMission are asked to nove to the podiun at the front of the Chambers when their application is announced by the Chairman. 2. #1737 Richard Hollander, 680 North Arm Drive - After the Fact Variances ~ Continuation of Public Hearing 3. #1762 Paul W. Boyke, 793 North Ferndale Road - Preliminary Subdivision - Continuation of Public Hearing 4. #1764 Austin Evans, 255 Landmark Drive - Preliminary Subdivision Continuation of Public Hearing 5.#1766 Howard Eisinger, 3245 Wayzata Boulevard - Conditional Use Permit - Public Hearing 6.#1767 George and Theresa Bloom, 1374 Rest Point Road ~ Variances - Public Hearing 7.#1768 Dr. William R. and Rhonda T. Omlle, 1860 Shadywood Road Variances - Public Hearing 8.#1770 William and Laurie Cornelius, 960 Tonkawa Road - Variance -> Public Hearing 9. #1772 James Brooks, 3785 Watertown Road - Variance - Public Hearing 10.#1773 Robert Koehnen, 537 Hanlon Avenue - Variances - Public Hearing 11.#1774 Edward and Margaret Strickland, 735 North Ferndale Road Variance - Public Hearing 12. #1775 Robert G. Luesse, 3249 Casco Circle - Variances -* Public Hearing 13. #1776 Robyn Stewart, 370 Leaf Street - Variances - Public Hearing 1 PC Agenda October 19#. 1992 Page 2 SKETCH PLAN RBVlBffS 14. #1769 Louis Oberhauser, 3865/3875 Shoreline Drive and 2405 Dunwoody Avenue - Sketch Plan of Proposed PRD/ Subdivision - Conceptual Review Planning Cum I salon Conments - 15. Report by Planning Conunission Representative to Council Meeting of October 12, 1992. (Jeff Johnson) 16. Status Report by Lake Use Committee Representatives. 17. Other Issues. ADDITIOHAL ITEMS 18. Planning Commission Approval of Minutes of the September 21, 1992 Meeting. 19. Planning Commission to Select a Representative to Attend the November 9, 1992 Council Meeting. f. h.'sr- I. TO:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator Prom:Jeanne A. Mabusth, Building & Zoning Administrator Date:October 14, 1992 Subject:#1771 James and Sarah Markoe, 340/350 North Arm Lane Lot Line Rearrangement - Class II Subdivision - Public Hearing Zoning District: LR-IA, Required area » 2 acres Pertinent Ordinance Section 10.23, Subd. 6 (B) A.Lot area review: Lot 1: Existing 5.39 Proposed 5.01 Lot 2: Existing 4.13 Proposed 4.44 B.Lot width, required « 200* Lot 1: Existing 176.12* Proposed 278.12 Lot 2: Existing 176.13* Proposed 74.13 Variance ■ 125.87' or 63% *Refer to Exhibits E and F. Width variances granted in 1976 at the time of the North Arm Estates, Second Addition. Lot widths approved at 176 +', 200' required in 1976. Chapter 11, Class II Subdivision is proposed as a plat rather than a metes and bounds division because of the complexity of the new proposed division line. In addition, there is a need for applicant to grant drainage and utility easements, right-of-way and drainage easements over drainage swale and channel area to east side of property. Zoning File #1771 October 14# 1992 Page 2 List of Exhibits -* A - Application B - Applicants' Addendum C - Property Owners List - Plat Map - Council Minutes 7/26/76 - North Arm Estates, Second Addition - Planning Commission Minutes 2/20/90 - Council Minutes 3/12/90 - Amended Septic Map Lot 1 - Conceptual Transportation Plan - Map of Ownership, Right-of-Way, Access - Preliminary Plat - Weckman Memo D E P G H I J K L M Review of Forner Subdivision Application (#1490) The original lot line rearrangement was presented in 1990. Review Exhibits G and H. The Planning Commission denied the application based on the magnitude or intensity of the lot width variance required. There was also the issue of right-of-way for North Arm Lane shown at a 33* width. Members may remember the unique history of this property. The 33' right-of-way of North Arm Lane was created by the original owner when all surrounding properties were one property. In fact, although the City maintains the roadway as a public road and has for many years, the 33' parcel is owned by the property owners to the north, refer to Exhibit K. In an earlier subdivision to the south, the City acquired 17' of right-of-way. The City had asked for 17* of right-of-way from the owners of the subject property but due to the impact on the septic, applicants sought for special consideration and asked that only 8 1/2' be acquired at this time. The remainder could be taken from the property to the west side of the platted right-of-way at the time of a future subdivision. The Council conceptually approved the lot line rearrangement and requested that applicants provide additional septic information to confirm that 8 1/2' of additional right-of-way would not impact the drainfield sites. The applicants did not proceed with the subdivision as the current owners, Mr. and Mrs. Markoe purchased both lots. The Ma; .oes have filed the current application because they will be leaving the state. Members may also remember Lot 1 as it exists today was incapable of supportinc anything but the 2-bedroom mound system in the present confirguration. This resulted from an earlier conditional use permit whereby five of the property owners adjacent to the channel area requested dredging and filling permits. Both Lots 1 and 2 received the majority of the spoils from that dredging project. Unfortunately, Lot 1 received the most impact because the steeper elevations along the west side restricted development of mound systems. ii * r «' L Zoning File #1771 October 13, 1992 Page 3 Review of Current Application The proposed subdivision has been presented as approved by the Council in 1990. Additional septic testing has been completed. The applicants have staked the new right-of-way lines so that Stephen Weckman has been able to confirm the 10' setback. (P»eview Exhibit M.) The subdivison is now proposed as a plat as the City will ask for drainage easements over the swale and the channel area to the east side of both parcels. The new right-of-way shall be dedicated as well as customary drainage and utility easements along the perimeters of each lot. Options of Action Denial. Approval. In the original review, the City held that it was important to obtain at least 8 1/2' of right-of-way based on the potential development of properties to west and north. (Applicant would withdraw application if 17' was required.) Review Exhibit J. Conceptual transportation plan for immediate area developed by staff as a result of other subdivisions proposed to the immediate north and west of the property. Approval of the lot line rearrangement will require approval of a lot width variance. The following findings can be made: 1.Applicant has attempted to acquire additional lands to the north and was denied by owner based on future development plans for the property. 2. 3. Lot was already created at a substandard lot width in 1976. The additional lot width will provide additional area for suitable septic development of mound systems. The following conditions may be considered with an approval recommendation : 1.Applicant to create covenants defining location of septic areas to be filed in chain of title. This must be done to insure septic sites are protected prioi to development and after development because this will be the only suitable areas for septic development for residential use. 2.Septic areas must be staked prior to the issuance of building permits for new residential construction on either lot. 3.Granting of drainage easements 15' either side of the center line of the swale and over the northeast and east side of property where channel intersects the subject property. Zoning File #1771 October 14, 1992 Page 4 4.Dedication of 8 1/2' of right of way to be shown as North Arm Lane. 5. 5^' Dedication of drainage and utility easements along the boundaries of each of the lots. Drainage and utility easements may be 5' on either side of the shared lot lines and 10' along the perimeters of the properties and may be omitted along the channel. 1 ■ i To:Jeanne A. Mabusth, Building & Zoning Administrator Fr<»ii:Stephen Weckman/ On-Site Systems Manager Date:October 13, 1992 Subject: Subdivision #1771, Jim and Sarah Markoe - Septic Review I have reviewed the proposed soil testing and septic system design for this property and would make the following comments. LOT 1 Soil testing and system design has been submitted for a 4- bedroom home including primary and alternate drainfield sites. Both sites meet MPCA rules Chapter 7080 requirements, however both sites have slopes greater than 6% as required by Orono City Code. The primary septic site has slopes between 6% and 8% while the alternate site averages 8% slope throughout. Both sites also encroach within the required 20* lot line setback, requiring a 10' variance. This lot du«^s not have sufficient area available for a 5- bedroom home, therefore a 4-bedroom home will be the maximum home size possible. The lot is limited due to excessive slopes and extra caution must be exercised to assure that these sites may be allowed to function adequately. For this reason, staff recommends that a buffer strip 20' wide be set aside along the north property line adjacent to the alternate drainfield site which must not be disturbed or manipulated in any way in order to avoid any problems resulting from land alterations. Also, no hardcover should be allowed within 40* of the primary drainfield site for Lot A for the same reason. As this lot has been manipulated by dredging and filling, the proposed primary and alternate drainfield sites are the only available areas suitable for sewage treatment and extra care must be taken to ensure the integrity of these sites. Specific septic system details are included below: Designed for a 4-bedroom house Depth of seasonal saturation (mottling) is 2' to 3-1/2' for both primary and alternate drainfield sites. Slope at the primary and alternate drainfield sites is 6% to 8% and 8% respectively. Percolation rates average 10 minutes per inch at 18 inches. Topographic location and site drainage is adequate. Variances will be required for slope (up to 8%) and for lot line setback (10* variance). ; I Septic Review, Subdivision #1771 October 13, 1992 Page 2 LOT 2 Soil testing and septic system design have been approved for a 5**bedroom home including primary and alternate drainfield sites. Both sites meet MPCA rules Chapter 7080 as well as Orono City Code Section 12.30 requirements. Specific septic system details are included below: Designed for a 5-*bedroom house. Depth of seasonal saturation (mottling) is 1* to 2* for both primary and alternate drainfield sites. Slope at the primary and alternate drainfield sites is 2% and 5% respectively. Percolation rates average 5.1 minutes per inch at 12 and 18 ”. Topographic location and site drainage is adequate. All setbacks meet City Code. SuBouury Staff recommends approval of the subdivision based on soil testing from S-P Testing, Inc. dated November 20, 1989 as updated October 1992. Several conditions are recommended for the approval of this subdivision and are listed below: 1.No excavation, construction, or compaction shall be allowed within 40' of the proposed primary treatement area for Lot 1 e 2.No excavation, construction, or compaction shall be allowed on that portion of the north lot line which is south of the proposed alternate drainfield site for Lot 1. 3.All four drainfield sites must be fenced off using snow fencing to prevent compaction of these sites prior to any traffic being allowed on this property and prior to plat approval. Isv liiin fin I i CITY OP ORONO - SUBDIVISION APPLICATION ____ __ _ _ _ /./ / ■' PROPERTY LOCATION Site Address wr.r^h Ar^ Omnn. Mn.J t M3 06-117-23-24-0009 Property Identification Number (P.I.D.) n6-117-?3-?4-nni0 ----- abstract or _ _ _ torrens?Please check one - Property Attach legal description to application^ APPLICANT Name Tam«.c f. Markin Phone fhome) fip-ooo-nfci o Phone (work) f^]7_<;>>)onfci«? Address: P.O. Box 817_ _ _ _ _ __ _1 ONNER (if different than applicant) Phone (home) N&ni0 Same zip: o/»84^ Phone (work) Address: ______——-------(attach list if more chan one! City:Zip: EXISTING LAND USE Number of Tax Parcels Development Size 9.32 n 7n 0. s? Acres Dry Land Acres Wet Land Acres Totalf all parcels Present Use (check) Vacant Residential; no. of units Other vnrnnr Piresent Zoning District lria PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites 1 Number of Building Sites:Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) 0.21 Units per Acres 196,020 sq Feet Dry Buildable Land Residential Other (specify) 2. 3. NININDM MATERIAL NECESSARY FOR COMPLETE PR^IMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this application^ please attach a^ separate list of any other persons you wish notified of this application. 4. Certification by Zoning Department that Preliminary Flat Application is complete. Zoning Official's Signature ______________________________ Date_________________ 1. 2. 3. 4. 5. Payment of fees (park fees, filing fee, sewer and water assessments). Signed Certificate of Survey or mylar copies of forma'l plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement ?200.00 300.00 Preliminary Review (Class I & II Subdivision) Preliminary Review (Class III & all non-residential) 3C0.00 325.00 + 25.0C/Lot Final Plat Review (Class III) *vPlus any legal or engineering charges) 175.00 Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 150.00 100.00 The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Owner's Signature Date Date Cf>^i}uhei 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 & Zoning Office of this change prior to the meeting. L, 9^ • IW- rndReal pa -A Family Tradition Since 1955"'pi! Wayzata/Lake Minnetonka Office 1?. 'i- - 1 ,’Y Gj L-4 1120 East Wayata Blvd. Wiyao, MN 55391 Ofike (612) 475-2411 lAX (612)476-533) p-'" iiliililfii September 25* 1992 Jean A. Mabusth Building & Zoning Adminibtrator City of Orono P.O. Box 66 Orono, Mn. 55391 Dear Ms. Mabusth: Enclosed is an application for a class 2, two lot subdivision of the property at 340 & 350 North Arm Lane in Orono. Also enclosed is the application fee of $300.00 and the list of property owners within 350 feet and the previously approved preliminary plat drawings. The preliminary plat was previously approved by the Orono City Council at their March 26, 1990 meeting. No final plat was submitted because both properties were sold to the present owners at that time. The owners are now moving to Maine and desire to reactivate the subdivision for lot line rearrangement to enable both lots to have adequate septic systems. Also submitted along with this application are the previously completed septic reports by Stephen Shermer. Please submit this application for consideration at the October 19, 1992 Planning Commlslon meeting. Sincerely, Mike Steadman Representing presenting: Jim & Sarah Jane Markoe present owners 3Mit Ci> i, L RUN DATE 1E/1E/D9 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PI435A01 PAGE 10 BATCH 005 PROP AODR OMCR NAME TAXPAYER NAME/ADDR 30 OA-117-23 12 0003 OASBS BAYSIDE RO VCI CAPITAL INC VCl CAPITAL INC PO BOX 375 LONG LAKE MN 55355 38 05-117-23 25 0001 00215 NORTH ARM LA JEANNE T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUra) HN 55355 38 06-117-23 25 0002 00215 NORTH ARM LA JEAtR^E T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUND 55365 I'- n. \ \ 4 ^ PROP AOOR QNNER NAME TAXPAYER NAME/AODR 38 05-117-23 25 0005 05590 NORTH ARM DR H D C OLSON A V S OLSON DONALD C OLSON 5590 NORTH ARM DR H HOUND HN 55355 30 05-117-23 25 0009 00350 NORTH ARM LA KATHERINE P AXEL KATHERINE P AXEL 5223 157TH PL N E 0102N BELLEVUE HA 98007 38 06-117-23 25 0010 00350 NORTH ARM LA FIDELITY 0A»K AND TRUST CO JAMES OR EVLYN M ADAMS 10603 QUINCY BLVD N E MPLS H4 55535 —■'N PROP AOOR 0»tCR NAME TAXPAYER NAME/AODR 38 05-117-23 25 0011 00355 NORTH ARH U HAH LARSON HARK JAM LARSON 365 NORTH ARH LA MOUND MN 55365 38 05-117-23 25 0012 00360 NORTH ARM LA R 0 BACKERUO AOS BACKERUO RODNEY D A DIANE S BACKERUO 350 ARM Ul N HOUND FM 55355 TOTAL BATCH 005 00008 .'.Vk i«r*. *• v>. •** I*. ''■\a I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KN0HLE06E AND BELIEF. vLj v: ■ DATE i/) Irifffiart" iiagaiairPillhtTinr * ...-■miaMiV. «i-£A)au.' A* 1 a.: f :l \ 1^ rti^Mf ^Vt. ‘ ^ • J-; ^Ci^.-* ,v»y Ivr »V‘ .*•’ ■» >:.'♦■> 'rEr ‘tJ' ■«:i,*^. .1 OROMO COUNCIL ftBCTXNG HELD JULY 26, 1976 Paurus nov0d, Dutlar ■•condad, that the request of Park Gun Club, 3660 Sixth Avenue North, for a Paurue aeved, Butler seconded, that the request of Joseph Whitney, 940 Old Long Lake hoad, for « **• ???****^ ^ ^ Planning Conmission. Motion, Ayes (3) - Nays (0). PauTM noved, Butler seconded, that the request of Klaus Becker, 511 North Perndale Road, for a preliMinary subdivision, be referred to the Planning Conaission* Motion, Ayes (3) - Nays (0), Butler seconded, that the request of Walt HasMngale, 2711 Kelly Avenue, for a lot wea width variance, be referred to the Planning Coomission* Motion, Ayes (3) - Nays (0). PauTO noved, Butler seoonded, that the request Jichards, 3243 Casco Circle, for a lot area and wid^ variance, be referred to the Planning Connission, Motion, Ayes (3) - Nays (0). Building 6 Boning Administrator, that the property of Thonas Oiere, 350 North Am LaiM, is located in an LR*1A residential sone yoquirsaisnta of two acres and 200 ft. width, fhis total parcel .onsists of 9.6 acres and is 352 ftv wide at the road. to. Giere is requesting approval to etthdivide this parcel into two lots of approximate!' 176 ft. wide. Both parcels, however, would meet the minimum •J**’ A consists of S.4 acres with 0.4 acreof wetlanda and the area of Parcel B is 4.1 acre. A public hearing should be scheduled. Page 3 OONDXTXOIIAL OBB 7BBHXT 3660 Sixth Avenue North VAAXAIICS 940 Old Long take Boad • a fq e V. ... aV‘5T^u«.. • - * •• ■ , 8UBDXVZ8Z0N T'': 511 North yemdale head VARZAMCB 2711 Kmllf Awmnm VABZANCB ‘ 3243 Casoe Cicele > 0 9 PXNAL S0BDZVZS20II 350 North Am #1 a«« • •.. 5 ••a • • i . ' / p t-*. • . Planning Connisaion - March I, 1976 to? JiSx*?! fSrf Public Hearing - April 5, 1976 After the public hearing, the Commission recommended to ^e Council approval of .le subdivision and variance request as subsdttad. Council touting - April 12, 1976 The Council approved the petition as submitted. 4 « •, •#* *4 . •s4^’ t« m tm ’./v ^ • (dUMMU :Mm t i ' ^ .• i , •- -» * •V OROIIO COUNCIL ^lEBTZNG HELD APRIL 12, 1976 ......- ‘-vrrv;* *,; VV# ^ » • 4 ^ » r!iSlL"Sr^' s#arl«» aacondad* that the To?GleFr^*^!i!a*2^J^*^®" “** variance for SanS nif*ri Lane, be approved ■•••■>;</,■•,*• ?' A-# • . rfOM80B0ZVX8Z0II 350 liorthvAmViaMt^^:^. atatL*'?!!f^\‘^ Building 6 Zoning Admin is tra tor, f*;***■**«« Itoo U nqoMtln, approval of “*• *® erect a- aceeaaory<;»"•?• ehed) on hla property, a ^ •» W«0 tatevie* Terras (£it 1, ceontry Club Addition). wra ESr?h-S!*^**J ®* •PPeoxlmetely one 2s;'eS?e*.r“ •: i-. ,.V;.--iVer '• •• I* ■ » LA e V tA #eeae^» .»e,. CONDZTZONAL vm rwvur I960 Lakaview Varrae^ !■.*■. • A • * • 1 ■ ilf ?*?* *^3Acant Lot 2, Block 1 one^m *'**^f®* of approximately JKu? Wt ~P indicatiaaneut 751 of Lot 2 to be marah and eetlanda. • •• .. ..7» * . .' -r !S«a^MBCa!. ..•r;-VV .,.:?7^C-.V.-a*W|JOa^ ■_ • ^ X. . w: / *e\:/, . .1 . ? i'.d,' • i :• N ,*^'^ •4: ... • • II ' d -A . •. ; V - w - >'• • *• }VJ/ . V Pfevent any future problems, 1 OTe^iSSrSSSJiIfSS*^ *' ""^Itlonal < >> r. di' •% .'. ■ ■ '^3 feV'"' * ■ --'iiPlanning Coamiaaion fteetijig - April 5, l?76 •t - ' • .*1 ,»a.« • w ,r.' .'•e #dUV ann?n?!i^T,F"*^“^?" **”«" *» recommend• **"dltlon requlrln. Hr. Rees 2aW~5S;/^'*^?-srjn*s riSeiiti ^roS2*Jejr* SSSblJ’tJ"**^*'’^**^ «nJlated lot^ul?S;i-?r?i““"’ “>• ••'Joining“-IP*]^rty up to present advlSSd^S^M^ SL. r*? f?5f"® **»lnletrator wouiS’^r^^j’^jis s:t iLisfJ::;irf;r two oalieie*' P'“®'“**"9 the property as the owr'TJril.!”,"®* f®?**"*'. we iMvi no control over the aale of each individual parcel. >1 ,v*v • •**.*• h-m I-.MT’^• *f tr -. |& '-*y^ j". I s * •m Athough Mr. Roaa peraiated in objectlno to thl« ?o Si^Sieif? "“••• • rwSSe^SaWoS Long take Country Club Addition, InJoTaingfi'*'' Tter . ^ 290t •« •• \ » •• / ; a . ” -nr .; ; • • • «i •• ; ^ MtJ .•? •:>:, .• •■- • - • f.‘^V <• ‘^- n' f * ■ i7. i- J'-JvV'- '-h-M • !► . I• ^ .• » < S' w.s *-*'^v&' .'M - .;: • -i;*, ‘ * w • • ; •♦ fb ! i' <».*; : ^^.. VI Im mm ■ 1 MINIITBS OP THE PLANNING COMMISSION MEETING PEBROARY 20, 1990 ATTENDANCE 7:00 P.M. ^ ^ -..u ..v The Orono Planning Commission met on the above date with the following members present: Chairman Kelley; Planning Commissioners Cohen, Hanson, Bellows and Brown. The following represented the City staff: Building 6 Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Goetten attended and Councilmember Callahan was also present. #1490 K-P PROPERTIES 340/350 NORTH ARM LANE PRELIMINARY SUBDIVISION LOT LINE REARRANGl PUBLIC HEARING 7:04 P.M. - 7:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Don Peterson and his partner was present for this Public Hearing. Mr. Peterson said that he had a purchase agreement for Lot 1 contingent upon there being a satisfactory solution aeptic system. He said that this is a one-time opportunity to develop both lots to the full potential. He requested that the lot line rearrangement be approved without the additional 17 of right-of-way was reserved and he unde* , that the City would like to have 50' of right-of-way. Mr. Peterson said that he would have no objection to the additional right-of-way, but it will interfere with the septic system. Peterson said he had talked with the property owners on the west side of North Arm Lane regarding subdivision of their property. They could dedicate 17' of right-of-way when they subdivide, but they are not interested in subdividing at this time. Chairman Kelley asked how far down North Arm Drive City sewer extends. Mabusth indicated the location on the map. is? Planning Commissioner Cohen asked how wide North Arm Lane Mabusth replied that it is 33' wide and the City is maintaining the roadway. Planning Commissioner Hanson asked how a determination is made in regard to which roads the City maintains. f'iliiiiifiliii )it\ (S' I! MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 20, 1990 #1490 K-P PROPERTIES CONT. Mabusth said that she was not aware of a policy regarding public maintenance of roads privately owned. Mabusth noted that at the sketch plan review of this matter, it was suggested that the right-of-way shown came from the east property. That theory has been disproved by the City Attorney. The road was previously known as County Road 43 or Town Road, and was vacated. The specific road corridor was created by former owner, who owned all of the land in the area, for access to North Arm Drive. Mabusth also informed the Planning Commision that North Arm Lane does not directly intersect with North Arm Drive. There is a private property area over which everyone must have an easement in order to access their properties. The City, by maintaining the road for many years, would now define the road as a public road. Kelley asked whether the City would take right-of-way from the west side at the time of subdivision if it obtains additional right-of-way from the east side? Mabustn replied that the City will acquire enough width to make up a 50' right-of-way. Bellows noted that taking the right-of-way from the east side will not render the lot unbuildable, it will only limit the size of house that can be built. Kelley noted that the Planning Commission is also being asked to recommend approval of a 62% lot width variance for Lot 2. Bellows asked if taking 8.5’ of right-of-way from the east side would still impact the septic site? Gaffron replied that there is no leeway at all. Hanson asked whether it would be possible for Mr. Peterson to obtain additional property? Mabusth replied that Mr. Peterson has tried to work with an adjacent property owner to no avail. Mr. Peterson explained that should that property owner agree to provide additional land to him, it may jeopardize their potential future septic sites. Mr. Mark Larson, 366 North Arm Lane, asked how the City came to own North Arm Lane? 4 ....in.. L MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 20, 1990 #1490 K-P PROPERTIES CONT. Mr. Peterson replied that there was a legal opinion that stated if the City maintains a road for more than six years, it is considered City right”of**way. He said that the City Public Works Director had indicated that the City has maintained North Arm Lane for 21 years. Mr. Laverne Dunsmore, 420 North Arm Drive, was concerned about the City's claim to the road. He said that he has the smallest lot along that road and does not want to see the road widened because it will severely impact his property. Mabusth replied that more than likely the City will not ask for any additional right-of-way from his property. Mr. Dunsmore said that due to the Lakeview Golf Course Clubhouse being located at that intersection, cars currently park on the road. He is afraid that parking will increase if the road is widened. He said he is not opposed to the building of new homes, but objects to the widening of the road. Mr. Rod Backerud, 360 North Arm Lane, concurred with Mr Dunsmore. Kelley asked Mr. Backerud if he would like to have the City continue to maintain North Arm Lane? Mr. Backerud replied that he did not think that the land owners along North Arm Lane would object to maintaining the road themselves. Mr. Roscoe Smith, 370 North Arm Lane, said that he is opposed to the additional right-of-way because it will have an impact on the mature maple trees and landscaping on his property. Cohen asked whether North Arm Lane would have to be 50' if the City continues to maintain it. Mabusth said there had been informal discussions regarding the maximum of right-of-way that would be needed to maintain the public roadway and whether the 33' would be sufficient. She said, however, that would not be in keeping with City policy. She added that North Arm Lane may be an important link when looking at an overall transportation system. Bellows said that the City has to initiate a strict policy regarding roads. Mr. Dick Armstrong, said that his mother owns North Arm Lane. He said that he would not object to the additional right- of-way being taken provided that it is taken from both sides of the road. \i MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 20, 1990 #1490 K>P PROPERTIES CONT. Mr. Paul Larson, realtor for Katherine Axel, seller of Lot 1, hoped that the Council would approve the present proposal because taking the additional right-of-way from the east would reduce the value of Lot 1 substantially. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Hanson, to recommend denial of the lot line rearrangement because of the severe lot width variance being requested. Hanson asked what a possible solution to this situation may be? Kelley replied that the northern lot can only sustain a two bedroom home. Mr. Peterson said if the lot line rearrangement is approved with the taking of the 17 additional feet of right-of-way, he will with draw his application. Motion, Ayes-4, Brown-Nay. Motion passed. #1495 ROD JOHNSON 3740 WEST WAYZATA BOULEVARD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:37 P.M. TO 7:45 P.M, The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Johnson was present for this matter. Zoning Administrator Mabusth provided information to the Planning Commission regarding this application for a preliminary subdivision. Mabusth noted that she has not received confirmation from the State Highway Department regaroing Highway 12 right-of-way. Kelley said Parcel B would have a conditional use permit with no principal structure. Mabusth said that is correct, a principal structure is not required. The Conditional Use is permitted for property owi^rs of vacant lands. Mabusth said the only concern she has with Parcel B is that an access has not been defined. Mr. Johnson said that Parcel B is not accessed from Highway 12, but rather County Road 6 where there is an existing farm exit. Mabusth said that Hennepin County should review that access. Kelley said that he would prefer to table this application so that he can review the proposed access. «ji* .■..■Ifc.TT- - -- - 4 MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING FILE #1488-ROGERS CONTINUED It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Resolution #2768, granting a conditional use permit for John E. Rogers, 755 Tonkawa Road, with sewer hook up. Mr. Rogers’ builder asked why it would not be up to any future subdivider/developer of the property to pay the sewer charges at the tine of subdivision? Mabusth explained that it was a requirement of the Code that sewer charges be paid at the time the conditional use is granted. Mabusth also noted that it may be beneficial for Mr. Rogers to pay the sewer charges at this rate rather than paying an inflated amount in the future. Mr. Rogers asked if a kitchen may be added at a later date? Mabusth replied that the kitchen may be added, but that a separate building permit must be obtained to do so. Motion, Ayes-5, Nays- 0, Motion passed. #1490 K-P PROPERTIES 340/350 NORTH ARM LANE PRELIMINARY SUBDIVISION Mr. Don Peterson was present for the re\^iew of this matter. City Administrator Bernhardson explained the purpose of the lot line rearrangement sought with this application. Bernhardson stated some of the historical facts surrounding this property and North Arm Lane. The Planning Commission had reco^ended deniax of the lot line rearrangement due in part to their belief that 17' of right-of-way should be dedicated to the City for a future road. The Planning Commission, during their review of Jnis matter, had asked whether it would be possible to dedicate in lieu of 17’. At that time, staff felt that even 8.5' would interfere with the area required for the on-site septic system. Bernhardson stated that further review of the site has indicated the possibility of locating the septic sites in a way that would allow the dedication of 8.5' of right-of-way. Bernhardson suggested that should this matter be approved, it be conceptually approved because the potential sites must be tested in the spring. Mabusth informed Council that should they require Mr. Peterson to dedicate 17’, Mr. Peterson would withdraw his application. Mabusth suggested that the dedication of 8.5 was better than no dedication from this property at all. Mr. Peterson noted that if there is to be a dedication of 8.5' a 10' variance will be required because 20' is required from the road right-of-way to a septic system. Mr. Peterson showed the Council where the new septic locations will be on the properties. Mr. Peterson indicated that he had no objections to staff's recommendations. Councilmember Callahan asked for clarification regarding the 10' variance for the septic system setback. - 14 - r Is- ’i MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING FILE #1490-K-P PROPERTIES CONTINUED Mabusth replied that the variance applies to the Septic Code Sections which is more of an administrative function of the On site septic specialist, which in Orono is Michael Gaffron. Callahan asked whether it would be possible to allow more of a variance and obtain 17' of right-of-way? Gaffron said that 10' should be maintained between the base of the mound and the right-of-way where some disturbance may occur. Callahan said that due to the present and expected future subdivisions that will be occurring in this area, dedication of roadway is important. Mabusth informed Council that the lot width variance being sought for Lot 2 has been reduced. Planning Commission Representative Kelley stated that Lot 1, as is, could sustain a two-bedroom house. The Planning Commission was making the point that there are some lots in Orono that are not suitable for large houses. Taking 37' of right-of- way would not render Lot 1 unbuildable. It was moved by Mayor Grabek, seconded by Councilmember Nettles, that the amended proposal for a preliminary subdivision of a lot line rearrangement be approved. Approval is subject to the applicant's on-site evaluator submitting a septic design for primary and alternate septic sites. Moeion, Ayes-4, Callahan, Nay, Motion passed. #1489 F. JOHN HARDIN 1496 PARK DRIVE VARIANCE Mr. Hardin was present for this matter. City Administrator Bernhardson provided the Council with information regarding this application for variances for an oversized accessory structure. Mr. Hardin stated that he wished to fill in the corner of the existing structure. The slab already exists, it is only a matter of the additional structure. Mr. Hardin said that there has been no opposition expressed by any of his neiahbors. Mayor Grabek asked why the Planning -yj'it '-.ssion had recommended denial of this application? Councilmember Callahan recollected that denial was based on the fact that the Accessory Structure Ordinance had just been adopted. Callahan said that it appears Mr. Hardin had the - 15 - fi err* T/ T na a AM. i .1 oo oc 9 o 2 •4oc » } O % k%< m i M m i m m f ! 1 I im I*I M I ,, - ^ - • - «»•**» ' ; ^ t-' —. * / I I i i — •“•-'It / *'" I*---------1" ••‘t--"/ ti-_____I-* 1 --*’•, ^------------------------------------------------------------------ / ; ^ ^ I - - ^ ^ - T ?I > %. , J! //'--<'' ''' '' -''' '7^ ;4 •: I 1: • I It!I :f't, fi I m H •4 / ^ ' t' 'f /' f ' /''viX/V- ’/ / X'X \ ^ / V ^ ^ iK• l» ' ^ '■' '1 1 K o3) H X >Xs m </> ro-4 V* > _ \ «4r i m </) cnmoo fl» lO Oo 9( O - CO > 30 >X >zm S >30 75 Om •o ni :e 3D •tio 3D *> «i> ■ p- To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Noorse, City Administrator Fron: Date: Jeanne A. Mabusth, Building & Zoning Administrator October 13, 1992 Subject:#1737 Richard Hollander After-the-Fact Variance (Second Review) 680 North Arm Drive - Continuation of Public Hearing Additional Exhibits - P - Planning Commission Minutes 5/18/92 Q - Richard Indritz Letter 10/6/92 R - Amended Proposal S - Original Hardcover Plan T - 1-2 Assessor's Records U - 1-3 Photos of Lalceshore Improvements Prior to 1987 Storm V - 1-2 Photos of Lalceshore Storm Damage W - 1-3 Affidavits Review of Application The application was tabled at the May 18th meeting of the Planning Commission to provide applicant additional time to submit a revised plan reflecting concerns expressed by Planning Commission members (review Exhibit P). Application #1737 was originally brought in as an after-the-fact application involving a lakeshore declc and gazebo structure located approximately 14' from the shoreline. Structures were Installed without the benefit of building permits. Lakeshore structures of this type would have required variance approvals based on ordinances in place since 1974, Applicant contends that the structures were built prior to the 1987 storm and were rebuilt as part of the storm damage repair. After the 1987 storm, the City passed an emergency repair ordinance allowing properties damaged by the storm to make necessary land alterations and Installation of retaining walls without the benefit of a required conditional use permit and variance application. No building permits issued during that period would have allowed the construction of decks and gazebos located within the 75' setback area. Residents would have been advised to apply for the necessary variances. The storm damage building permit was issued specifically and written to cover only land alterations and retaining wall installation. Review of Revised Plan Pertinent Facts: r; Zoning File #1737 October 13, 1992 Page 2 ,40 A. 0-75' setback area = 15,000 s.f. Allowed = 0 Existing = 3,550 s.f. or 2J.7% Original Proposal * 4,285 s.f. or 28.6% (735 s.f. or 4.9% of lakeside decking and gazebo) Amended Proposal = 4,107 s.f. or 27.3% (removal of 192 s.f. hardcover and installation of 14 s.f. for retaining timber wall) B. 75-250* setback area - 4,100 s.f. Allowed - 1,025 s.f. or 25% .Existing » 1,986 s.f. or 48.4% Amended Proposal * 1,537 s.f. or 37.4% (removal of 449 s.f. of non-structural hardcover) C. Total lot area « 19,100 s.f. Review of total hardcover coverage Original proposal = 6,271 s.f. or 32.8% Amended proposal = 5,644 s.f. or 29.5% Review Exhibit R, the amended proposal proposes the removal of the gazebo structure and the decking to the immediate west. Applicant proposes replacing it with a flower garden to be bordered by wooden timbers totaling 14 s.f. hardcover. In addition, there is approximately 81 s.f. of non-structural hardcover proposed to be removed in the 0-7^' setback area. The amended proposal results in a 1.3% reduction in hardcover. Are there other improvements in the 0- 75' setback area which may be considered for removal: Screenhouse and deck structure = 308 s.f. or 2.5% hardcover. The City has no record of building permits being Issued for this structure and appears to have been installed after the first variance review for the proposed attached garage. Chipped sidewalk at 118 s.f. or 2.8%. Applicant has reduced hardcover within the 75-250' setback area by 11%. Are there other areas that may be considered for removal? Review Exhibit S. General Staff Co: Please review the additional information submitted by applicant's attorney (Exhibits T-W). There was never any question that lakeside decks and a gazebo had existed on property prior to 1987 storm. Permits were never issued for the structure and would have been required. Since the passage of the Shoreland Regulations in 1975, variances would have been required for the accessory structure located in lakeside protected area. Storm damage permits allowed only the repair of principal structures that were undermined by the storm or Zoning File #1737 October 13, 1992 Page 3 the installation of retaining walls with land alterations within lakeshore yards where severe erosion had taken place. The gazebo and deck did not exist prior to 1975. This has been confirmed by a member of the Planning Commission who visited the property in the early '80s and in conversations with the Building Official in 1987 who had been involved with the inspections on that property at the time of the original garage addition and the time of the fire. It was Tom Jacobs who alerted the staff to the appearance of the lakeshore structures after the 1987 storm. Mr. Indritz's addendum references Section 10.03, Subd. 5 concerning non-conlorming uses. The City does not grant conditional use permit'^ for non-conforming structures but only structures that have non-conforming uses. Non-conforming structures are reviewed under a variance application if such structure:s are to be reinstalled or to receive structural improvement. The 1984 amendment referenced in Mr. Indritz's letter was not the first time the code prohibited accessory structures from placement within the 75' setback area. Accessory and principal structures were always prohibited from the 75' setback area. The '84 code was to insure that accessory structures would now become subject to the average lakeshore setback ordinance. Once again, hardcover restrictions were established in 1975 and not in 1984 at the time of recodification . Mr. Indritz's report does site other valid hardships such as shape of the lot, fact that the majority of the area of the 19,100 s.f. of lot is located within the 0-75' setback (15,000 s.f.), approximately 744 s.f. of hardcover within the 0-75' setback area has been installed because of the historic erosion problems of the lakeshore banks that were magnified at the time of the 1987 storm. Applicant has provided written confirmation that deck and gazebo structure had existed prior to the 1987 storm. Options of Action Approval as proposed; or Approval subject to additional hardcover removals. In your approval recommendation, please establish a reasonable deadline date for the removal of the hardcover; or Denial of the amended proposal requiring immediate removal of the lakeshore deck and gazebo within the 0-75' setback area and recommend a deadline date for the removal of the structures. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 (tS) #1736 GREGORY C. PETERSON. 1920 SHORELINE DRIVE - RENEWAL VARIANCE - PUBLIC HEARING - 8:03 - 8:10 P.M. The Affidav\t of Pub Iicat I on and Cert 1fI cate of Mailing were noted. Mr, & Mrs. Peterson were present. Mabusth explained that this Is a request for a lot width variance. She stated that It is the Intention of the applicants to build a new residence on the lot. The building envelooe is within the widest area of the lot. Septic testing has been provided and access shall be directly off the County road. She stated there is no change from the original application. Johnson asked if the applicants were aware of the restrictions placed on the lot and the fact that no additional variances will be granted for the property. Mabusth noted that this proposal has not been impacted by the new shoreland regulations. She reviewed for the applicants the hardcover restrict ions. Cohen suggested the appi Icants work closely with City staff to make sure the building conforms to all pertinent standards. Mr. Peterson stated they would be unable to build this year and that Is why they are requesting the renewal variance. It was moved by Cohen, seconded by Peterson, to recommend approval of Application #1736 for Gregory C. Peterson at 1920 Shoreline Drive, for a renewal variance to construct a new residence, subject to the same conditions of approval with the previous application. Ayes 4, nays 0. (#9) #1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - VARIANCES - PUBLIC HEARING 8:10 - 8:57 P.M. The Affidavit of Publication and Certificate of Mai ling were noted. Richard Hollander and Dick Indritz, applicant’s attorney, were present. I p MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT. Mabusth explained the updated survey showing the existing improvements on the property. She compared the survey to the one done In 1974. The garage addition done In 1974 was In the 75’ setback area and the open deck was considered a non-encroachment. Since that time, there was a permit issued In 1982 which allowed the deck to be enclosed and second story additions and additional decks. The additional decks were destroyed In the 1987 "super storm”. The applicant applied for storm damage repairs under the emergency ordinance. The decks were reconstructed. Sometimo In 1990-91, the Inspectors noted the gazebo and lakeside deck. Hollander noted that it was built In 1974 and is in need of some repair. Indritz noted that this is an after-the-fact request to maintain the gazebo and lakeside deck structure. He noted that It is Hollander’s contention that these structures have been In existence prior to Orono’s adoption of its current ordinances and therefore are grandfathered in. He reviewed photos of damage done to these structures in 1987. He stated they have witnesses that can testify to their knowledge of the construction of these improvements. He explained there was renovation done after the storm damage, but was merely reconstruction of a portion of the existing gazebo. The deck wasn’t damaged severely and did not require much reconstruction. He explained that Mabusth has pointed out that the permit Issued In 1974 for the addition of the garage, there was an ordinance that prevented the construction of principal residences within 75’ of the lakeshore and that is what the variance was for. A portion of the addition was within that zone. Indritz assumed that because there wasn’t an ordinance governing decks within that zone, the deck was not included on the site plan. Additional construction was done to the principal structure, all of which was done in conformity to the ordinances In effect at the time. There Is no documentation on file to show when the gazebo and lakeside deck structure was constructed, but his client contends they were constructed in 1974. The permit Issued In 1982 was to reconstruct the principal residence destroyed by fire and to enclose the deck area and add additional decking. Mabusth noted that the 1982 permit allowed the deck to be enclosed. She explained that currently residents are not allowed to increase the intensity of a non-conforming structure, but back in 1982 they were allowed to do so. Johnson asked what required a permit in 1974. i • i / 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT, Mabusth stated the gazebo and deck structure would not have been subject to the average lakeshore setback at that time, but they were subject to the 75* setback and hardcover standards and a building permit would have been required. Indritz asked why that was not noted on the inspection records-at that time. He introduced John Cardwell who is aware that the structures have been there for at least 25 years; Walt Kindsudder worked on the 1982 renovation project; and Warren Matheson worked with Hollander in building the deck in 1974. Rowlette remembered an addition to her house in 1974 and the restrictions in place at that time. She stated she found it hard to believe that the structures were approved to be built at that time. She said that she was on the property in the early 1970s and recalls the house with two decks and the screen porch. She said she did not remember the gazebo and lakeside deck being there. Cohen asked what the applicant is requesting as additional square footage. Mabusth stated it consists of the gazebo and deck area. Indritz stated that there was a trade off for the garage, which was removed, and Hollander was allowed to construct a deck. He noted that because of the narrowness of the lot, virtually any construction is going to be in violatl^on of the 75’ zone. Cohen asked if Mr. Hollander had any other documentation for the construction of the gazebo in 1974. Hollander noted he has not found any documentation as such to date. Cohen noted that to realize any capital gains on the property, he would have to have records showing improvements to the project. Hollander stated that he has had two major catastrophes In the home in which many documents were lost. He said he can recollect building the structures in 1974. Cohen asked If there was any hardcover that could bo removed In the 0-75’ zone. r. f: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT. pSlSilillii Sn"l^e%^?v:yl^’s‘'cS?cu?S?ron^"" Cohen asked If the City has any records of the gazebo. the^gazebo^ Hollander had any picture from 1974 to 1987 showing Hoi lander explained that the fire destroyed any pictures that he may have had. Cardwell remembered that in 1982 he was on the property and recalled the gazebo, which appeared to have been there for quite some time. • Peterson noted that the existing detached screen porch is In need of repair and asked if It would be possible to remove It all together. Rowlette stated that the Improvements on the lot have intensified. client feels the Improvements are grandfathered In, and noted that Hollander is willing to remove the 530 square feet of additional hardcover. Rowlette explained that any run-off from the property ends up the lake, which is damaging the lake environment. Johnson said he respected Hollander’s position, but felt they should be consistent with other appiIcations. He felt that a stair and landing portion would be a minimum of what is needed to gain access to the lake. He felt that if permit approval was sought In 1974, the applicant probably would not have received the approval needed« Cohen clarified that a portion of the deck and the gazebo should be removed. : * P TH.: ORONO PLANNING COMMISSION MEETINGminutes of the ,33^ a retaining «“''•„^„®,y be the only improvement adoing P the boat house may only to the lake...rn of the pollution to the lake Was -rinnireVar. ^:;VcrJhT/r:it°; j^nlon. Phoposal. . e>r*r*AAned porch#made in genera.. ...e screened porch. Paterson asked about the remove, of .............. Peterson as e a ^ ^ack® from‘ru""'"9 l^irst^ng s^crVened "po‘rcS In exchange for the gazeb structure.lestic and screened area would be about 2.5* ::rhtrth%“'o^7r s^'tbVck'area. Within the o-/o »o..—- *» « nn the property. He ‘^°^rrthVt \5WAtye\ousJ I i thI n%he ^"‘h%^?emovl I %f^a rtrulturer/uhln --^.rtiftake^^a:*:- an appropriate trade Structure further away off. . .off* .i+K rtther applications. Rowlette f.^eTf°oT^"u^^her consideration.tabled for further cons,V,,...- ^ a. . A that they concurred with the indritz advised that xney appI I cat 1 on. “Tli:;.vrni-s"*-?;-4:: f.'.rs r.r% ■•.••••-i;:; -applicant time .***.-■ („0) REPORT BY planning COMMISSION REPRESENTAT c There was no report.There was no reporx. or-oocQPNTATIVE .r T.. «» There was no report.:r, —n.. »».»—■ There was no report. (#13) OTHER ISSUES m fM u A —TT k r:- . REED & POND, LTD. ATTORNEYS AT LAW S424 SHOREUNE DRIVE P.O. BOX 9 MOUND, MINNESOTA 55364-0009 PHOhc (612) 472-2222 FAX (612) 472-2254 ROGER W. REED Property Lmw Sp^clstisr PAUL L POND C#ff/6#d CMI Trl»l Sp^ialiMf RICHARD N. INDRITZ LINDA ESENTHER DONALD F. NOACK, JR. •C0rtifhd by fiM MUtffBOia SUr# Bsr A9U>ciMtlon KAY L DUNN WENDY L LEWIN LmgMl AMBiatMntB October 6, 1992 Ms. Jean Mabusth Building and Zoning Administrator Orono City Hall P. O. Box 66 Crystal Bay, Minnesota 55323 RE: Application No. 1737: 680 North Arm Road - Orono Dear Ms. Mabusth: Please consider this letter Mr. Hollander's revised proposal for a reduction in existing hardcover as part of his application for a variance from the City of Orono's lakeshore setback and hardcover regulations. Mr. Hollander also requests the opportunity to provide a slide presentation at the upcoming October 19 Planning Commission Hearing. Survey, calculations and other documentation were provided for the initial May 18 Planning Commission meeting, and references are made in this letter to those documents. Mr. Hollander's rev sed proposal is shown in survey form in this submission^ and additional information and documentation will be provided at the Planning Commission meeting. This matter was tabled at the initial Planning Commission hearing because of concerns over the date of the original construction of the deck and gazebo, and the extent of the hardcover and setback variances requested. Members of the Planning Commission requested documentation that the deck and gazeoo were not built as part of the reconstruction of the 1987 ’’mega storm” damage and requested a reduction in the amount of hardcover. Mr. Hollander sxibmits this proposal in an effort to comply with the Commission's request. As Mr. Hollander is painfully aware, his lot would not be considered buildable under current Orono ordinances without being Ms. Jean Mabusth October 6, 1992 Page 2 granted significant variances. The narrow deptt and natural contour of the lot place great constraints on construction. Orono ordinances have put increasing restrictions on the size and location of improvements, and have further impacted this lot. As you pointed out in your staff report, previous construction had been permitted prior to or in accordance with regulations that are no longer in effect, and much of the improvements are now considered non-conforming. Mr. Hollander requested a variance to add an attached garage with deck in 1974, removing the existing, detached garage as a condition for the grant of the variance. In 1982 a major fire damaged much of the house, including, incidentally, much of the possible documentation of the original building of the deck and gazebo. Improvements to the house were made under permit as a result of the fire damage. In 1987, the "storm of the century" caused a landslide and approximately $100,000.00 in unreimbursed damage to the recently renovated house. Again, building permits were obtained for the reconstruction and have been provided in the Staff package. Recent review of the City's documentation disclosed that the detached deck and gazebo in question were not part of the previously issued building permits, and this matter was brought to your attention. As has been previously ac)cnowledged, documentation in past years was often not as thorough as is done today. Furthermore, improvements built under then-existing ordinances and regulations are now non-conforming uses under current zoning ordinances. Lack of City documentation does not conclusively establish that the deck and gazebo are recent improvements. Mr. Hollander has been able to establish that the deck and gazebo are grandfathered, non-conforming structures under the current ordinances, and were not built after the 1987 storm damage. Copies of the Orono City Assessor's property cards refer to a 750 square foot deck in 1983. This is the approximate size of the current deck and gazebo as calculated by Mark Gronberg in the survey submitted as part of this variance application, and much larger than any deck attached to the house. Copies of 1983 and 1984 valuation sheets showing both a deck and enclosed perch are attached. The City Assessor does not have any records prior to 1983. This documentation can only be interpreted as showing that the unattached deck existed in 1983, prior to the 1987 storm damage. Pictures of the storm damage, copies included, show the deck covered by mud and the remains of the gazebo structure. ' i i Ms. Jean Mabusth October 6, 1992 Page 3 Mr. Hollander has been able to locate other pre-storm pictures showing the fully completed gazebo. Mr. Hollander has also discovered a photograph approximately 10 years old showing him with his infant son on the deck. This picture is dated approximately 1962. Affidavits of Walter Kleinsteuber, who worked on the 1987 reconstruction and states that the deck was there at that time, and John Cardwell, a family friend who recalls socializing on the deck in the early 1980's also support the photographic evidence. The statements of the person who helped build the deck are the most conclusive evidence of the date of its construction. Warren Matheson appeared at the May 18 Planning Commission meeting and has supplied an Affidavit regarding the construction of the deck. He specifically recalls building the deck in 1974, between the garage removal, referred to above, and a December, 1974, broken ankle. The deck and gazebo are grandfathered under Orono City Code Si0.03, Subd. 5: Non-Conforming Uses. Any land or building which were actually and legally devoted to a non-conforming use on January 1, 1975, may be continued in said non-conforming use pursuant to conditional use permit granted as hereinafter specified. The lakeshore setback ordinance in effect in 1974, Code §10.03, Subd. 6(d)(1), effective February 14, 1974, only restricted principle buildings from being located closer than 75 feet to the natural ordinary highwater mark of lakeshore property. Accessory construction setback restrictions §10.22, Srbd. 1(b), was not effective until April 1, 1984. Hardcover restrictions were also passed in 1984, §10.22, Subd. 2. At the time the deck and gazebo were built 18 years ago, they did not violate Orono's lakeshore setback or hardcover restrictions. A variance for the deck and gazebo are not substantial deviations from Orono policy because of the unique nature of this lot. As referred to above, the house itself violates the current 75 foot lakeshore setback and hardcover requirements, although they were not in effect at the time the building was constructed. Landscaping efforts, which add to the hardcover calculations were designed and constructed to slow erosion and restrict runoff into the lake, a major purpose for which the hardcover ordinance was adopted. The retaining walls, boulder wall and mortar stone "waterfall” served to level the ground, slow runoff, and allow percolation of groundwater. Construction drawings submitted as Exhibit K in the original staff packet show a reduced slope, additional drainage, and a sand, gravel and rock footing under the j. mil t 4 i Ms. Jean Mabusth October 6, 1992 Page 4 boulder retaining walls to promote sxibsurface absorption. Although these improvements add 744 square feet to the hardcover calculation, they are necessary to slow erosion and control groundwater runoff. Mr. Hollander proposes removing a portion of the deck and the gazebo, as well as additional hardcover. The removed portion of the deck will be converted to a flower bed, allowing percolation. The old gravel driveway and plastic erosion control around the house will also be removed. This provides a reduction of 812 square feet of hardcover, 449 scpiare feet in the 75 foot to 250 foot setback zone and 389 square feet in the zero foot to 75 foot zone. A diagram of the proposed changes is included. Mr. Hollander believes that he has a right to the deck as a grandfathered, non-conforming use, but wishes to work with the City to resolve this question. Mr. Hollander is requesting a variance to comply with current city ordinance requirements, and is willing to remove a portion of the deck and other existing hardcover.^ We hope that the City will appreciate the dilemma Mr. Hollander finds himself in recognizing the pre-existing construction and the unique limitations of this lot in granting him this variance application. Very truly yours. REED & POND, M157\ Richard N. Indr^cz RNItwll cc: Richard Hollander VT'nt hforfh Arm .QC • • • “♦ m ___________ WAfctv^ovc;?. Kfibuo-, Lake Minnefonka VARi^MCft- ^PPute.RT(OI»i f^^uC Wd, |>3'7i S Sfoyii-B ^£9.4- ccnhu^ fint Sur¥c^ lint^199.45 P V\ '^tMovj. pbfcnovj qF f\:i6cK €^3:5:1^ ‘HJVfxr ^oio&*''-5bED T^faini I fh ^ \n v\:x • TTv /♦’ ' *nAs JC^criA o ----- 9 - ' C . . I V , • - .. v:. ?- -•‘ix t*n ‘-2r• . y --‘. '■ “ , , . ' •- ■ -,v ' —- - VI * %«k. -« -* ^ f «CL-' 'Jr r<^ \ '•-S S*nPi »;♦ .♦♦ V V » Nil .1/ •r- ^ ‘35^^" In' '/ * r***! >• <1 ><v :V '^/'v -♦'rs:-. .'VA .% ' ■ ‘‘7 ‘V ’ CW-ft^AJ^14otJL.«^C>£ja. Soo - l^* r^ l>6fcj<- A«ob ^2SBO ^^R^QX»»^«*re-z-y f98^ I I % >J Ki & 3 / I £^lt.‘it 'V \1 ' ^ ^ i KfX Yzm 111 Ul f' ' >??< ’ . 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CITY or ORONO SOMINO rZLB NO. 1737 ^ I STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) AFFIDAVIT OF WALTER KLBINSTBUBER Walter Kleinsteuber, having been duly sworn upon oath, states as •'.t follows: 1. That your Affiant lives at 240 Dupont Street, Long Lake, MN. 2. That I am familiar with the property located at 680 North Arm Drive, Orono, o%med by Richard Hollander, having worked at the property and kno%m Mr* Hollander since Fall, 1982. 3. In 1982, I was employed by Brin Glass, which was hired to install mirrors, shower doors, and glass railings in the above referenced property as part of fire reconstruction. That was when I first met Mr. Hollander. 4. Work was done on his house in August or September, 1982, and I clearly remember that a deck and gazebo were located on the property's lower level at that time. FURTHER YOUR AFFIANT SAYETH NOT DATE Walter Kleinsteuber Subscribed and sworn t this day of . e before me ,1992. Notary Public Y- > • mJ Y CZ7Y OF OROMO ZONING FILE FO. 1737 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) AFFIDAVIT OF JOHN CARDWELL Jol'm Cardwell4 having been duly sworn upon oath, states as follows: 1. That your Affiant is a friend of Richard Hollander, having known him for almost 25 years. 2. That this Affidavit is prepared for the solo purpose of setting forth my first-hand knowledge of the deck and gazebo by the lakeshore at Mr. Hollander's house at 680 North Arm Drive. 3. I have been out to Rich's house on many occasions over the years, and have seen many changes and improvements to the property. It is sometimes difficult to remember specific years when improvements were made, but I do know that the deck and gazebo have been there for well over ten years. 4. Specifically, I have a fond memory of spending some time down on the deck in the summer of 1982. Rich was having a party. after the rebuilding of his house because of the fire damage. I was attending with my future wife and left the party to wander down to the deck and sit in the gazebo. 5. At that time, I was aware that the deck and gazebo had been there for some time. It was not new construction that year. but had been built before. - 1 - 4 A 6. I do know that, the deck and gazebo are both more than 10 years old, although I don't know specifically when they were built. FURTHER YOUR AFFIANT SAYETH NOT. DATE: Subscribed and sworn to before me this ^ day of , 1992. Notary Publi MM % Mi* ? - 2 - [ftfe. \iO CITY OF ORONO ZONING FILE NO. 1737 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) AFFIDAVIT OF WARREN MATHE8CM Warren Matheson, saving been duly sworn upon oath, states as follows: 1. That your Affiant lives at 5341 Xenia Avenue JJorth, Crystal, MN, and is employed by B. T. & A. Construction Company, 4. Minneapolis. 2. That I first met Richard Hollander in 1971, when I was introduced to him by his then-next door neighbor, Silvia . McCurdy. She did some administrative work for the company that I worked for, Schwartz Manufacturing, Lester Prairie, and I occasionally had to deliver some paper work to her. 3, Richard Hollander was doing some work on his house at the time, and we started talking. When I was laid off from my job. Rich Hollander hired me and we began working on some joint remodeling projects. During slack time between remodeling projects, Rich had me do some work on his property, including building the deck down by the lakeshore in 1974. 5. I am very clear that the deck was built in Summer or Fall, 1974, because I can place it between two other notable events that year: building the addition to Rich's house and moving the old garage, and breaking my ankle in January, 1975 - 1 r f *' r 6. 7. 8. I hplped Rich move his garage to the adjacent McCurdy property in 1974. That time has been pinned down because of the building permit and variance on file. The garage was moved before the deck was built. In January, 1975, I badly broke my ankle. I got home from the hospital just before the big blizzard of January 8, 1975, and couldn't work for almost 6 months. Before breaking my ankle, I was at a Christmas party at Rich's house. I remember going down to the deck to look at the gazebo, because I was not involved in building it. The deck, including the portion on which the gazebo stands, was built in piecemeal during the summer to fill time between remodeling projects. Wood was not very expensive, and we did the work ourselves. The deck and gazebo have been around for a long time before the 1987 storm, and I can establish the date they were built as falling between the moving of the garage and my broken ankle. FURTHER YOUR AFFIANT SAYETH NOT. 9. 10. DATS j Subscribed and sworn to me before me this 1^ day of 1992. Notary Public WOWO H ■BWg mm nut. mmm HOMBW COUNTY - 2 - J r'9i ■- P’- To:Chairman Kelley and Planning Commission Members Ron Moorse, City Administrator Prom: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator October 16, 1992 Subject: #1762 Paul Boyke, 793 North Ferndale Road - Preliminary Subdivision - Continuation of Public Hearing List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Revised Survey Septic Plans/Diagrams, Lots 1 and 2 Notice of Planning Commission Action 9/24/92 Planning Commission Minutes 9/21/92 Uniform Fire Code Excerpt Additional Exhibits from September Meeting Memo & Exhibits of 9/18/92 Discussion Applicant's surveyor has provided a proposed lot line schematic that appears to eliminate the need for any lot area, lot width, or structural setback variances. However, the septic testing information, which was not received until Thursday, October 15, coupled with the proposed driveway for Lot 2, raises as many questions as it resolves. Lot Standards Applicant is proposing that Lot 1 not be a lakeshore lot, and has redrawn the lot lines at the west end so that no portion of Lot 1 intersects the shoreline. As a non**lakeshore lot. Lot I's defined width is measured at the front lot line (the lot line that abutts Outlot A, to be consistent with past City approvals of similar situations) and at the 50' front setback. The east line of Lot 1 therefore becomes the front lot line, and at that line as well as the 50' setback, lot width is 315', meeting the minimum 200' width requirement. Lot 2 becomes a lakeshore lot, and by definition its width is measured at the shoreline and at the 150' setback using the defined straight~line measurement. Lot 2 has a width at the shoreline of 520' and at the 150' setback of 350', therefore meeting the width requirements. Note that because this is a lakeshore lot, there is no standard for lot width at the street lot line or its setback. Driveway/Standards As noted in the September 18 memo, the proposed driveway for Lot 2 is an extension of the existing driveway for Lot 1, and as proposed in the current plan is approximately 500' in length past the existing driveway. A review of the Uniform Fire Code indicates as follows: i A Zoning File #1762 October 16, 1992 Page 2 Section 10.207,A - Required construction. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20* cf unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13* 6" of vertical clearance. Dead end Fire Department access roads in excess of 150* long shall be provided with approved provisions for the turning around of Fire Department apparatus. Additional provisions of that code (see Exhibit E) modify this to some extent at the approval of the Fire Chief. Staff will be contacting the Wayzata Fire Chief and will be discussing the access issue with him to determine what standards may be appropriate. Septic/Driveway Conflicts Of additional concern is the proximity of the proposed driveway to a portion of the existing drainfield system for Lot 1, as well as a corner of the alternate site for Lot 2. Lot 2 has primary and alternate sites tested which meet all requirements except that one small corner of the alternate site may end up within 10* of the proposed driveway depending on its width and actual location. The grade is relatively level at this location and only a small fraction of the alternate site would ultimately be affected. This is a septic code variance which staff would have no problem approving. The existing drainfield is not failing and according to the test information provided when it was installed in 1987, it is considered as a conforming system. However, the end of the last trench will be 10* from the proposed lot line at the neck of Lot 2. Again this is not an issue except that staff questions whether the driveway can be developed within its 15* corridor at this location. Driveway Development No grading plan for the driveway has been submitted. However, it is clear that where the new driveway extends westward from the existing blacktop, the immediate drop in elevation will require a significant width of fill to accomodate the 9* wide driveway proposed, even more if additional width is needed for fire access purposes. Working on the premise that we won't allow driveway grading to occur within 5' of the south lot line of the subdivision, how wide should the neck of Lot 2 become in order to accomodate its driveway? If it needs to be 30* or more in width at the cast boundary where it abutts Out lot A, then Lot 1 would no longer abut Outlet A, which would require a variance. As an alternative, if Outlet A was extended, the question then becomes, which boundary of Lot 1 is its front lot line, and does the defined width meet the 200* requirement? timA it I?’ Zoning File #1762 October 16, 1992 Page 3 A final issue which the submittals do not adequately address is how drainage will be revised from the existing driveway and from the culvert that drains the property to the east, given that these flows will now be constricted between the driveway and the existing drainfield. Staff RecOTonendation The combination of zoning standards, shoreland regulations, septic code requirements and fire access regulations have such an impact on development of this property that the City is forced (and obligated) to require a great deal of site planning that normally is not necessary at the subdivision stage. The late submission of septic information has not allowed staff to grasp the "big picture" until the very last minute, therefore staff would suggest that this item be tabled once again so that the applicant can provide the following information which now appears necessary to thoroughly evaluate this proposal: 1.Complete the topography in the easterly portion of Lot 2 and the entire area of Lot 1. 2.Provide a grading/construction plan for the driveway that indicates the extent of filling/cutting necessary and that addresses any concerns which may be forthcoming from the Wayzata Fire Chief. 3.Provide a concise and detailed grading/drainage plan to indicate how drainage will be directed to yield no impact on neighboring properties or existing and proposed drainfield sites. Planning Commission is further requested to consider the proposed lot line layout at this time, and give applicant direction as to how much actual frontage on Outlet A is necessary for Lot 1 in order that its east line be considered as the front lot line. Isv i 3L ___ , CrC^’ ** -^o wvt- 10* tt^otyy v^«W-v-< U|PU j <• v-vv< d4?vc- D.O*,<V»>^ lOV-*^ >A^ ^ U.^ A-X'W vt»l\^ J «:« --------- # r.KTAs^^yo^ A^<a K-7 uj\^r “^^•1 W.IW . r-r ^ , us^ 5 -rVT‘M«-Hc- UOV'U • a lULCP t^LL*HtA^^izot^Mmr Off TMt T9LArhIhT AMtAS 4lf^^ Arrgm crttrgucriou . cut. 9£1 t %W -i^t.: - 'Uco 4'^ *3 -pv'C' : JJ1L£2.' Al.- /ao. a XSoil Dv‘fings ®Beich Mork 9 rggCOLATlCtJ T£zr \ Note*- TK\ sirslem is to be constr\/cted to meet the ^An^•c:'1lo Ponglioo Controt Agency Chapter 7080 k Local Ordinance Note t Check all underground utilities X PROPERTY nP: Paul Eo^fUL____ LOT i Block ! AAuttANN£ iAjoQOS EAixyt. ( y^OrX « ) /^x/. CO. lJj£ S-P TESTING INC.^ , Orvgned Ry ‘ tfS . 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H).-. . ^.C- ----- Deet-U/V/^ PH.ee-497-3566 • • : •,f,, -«—.*-i ^'■i ' >■^:i CITY OP OROHO P. O. Box 66 Crystal Bay, NN 473-7357 ZONING PILE #1762 55323 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: 9/24/92 TO:Paul W. Boyke 793 North Ferndal® Road Kayzata, MN 55391 COPIES TO: TYPE OP APPLICATION: Subdivision DATE OF TING: 9/21/92 VOTE: 7 For 0 Against Planning CMnission rerrif iiids the following: Tabled for reasons noted below NOTES AMD SPECIAL CONDITIONS: Polling of the Planning Commission indicated lakeshore lot width variance was not likely to be granted. Application was tabled pending: 1, Submission of revised proposal requiring no variances. 2. Submission of septic testing information. Applicant's next scheduled meeting is dependent upon receipt of zuiditional information. Deadline for the October 19, 1992 meeting is October 9th. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ROLL The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley, Maureen Bellows, Charles Schroeder, Stephen Peterson, Ed Cohen, Candace Rowlette, and Jeff Johnson. The following represented the City Staff: Assistant Planning and Zoning Administrator Michael Gaffron and City Recorder Terl Naab. Mayor Peterson, Ed Callahan and Gabriel Jabbour were present to represent the CouncII . Chalr Kelley called the meeting to order at 7:00 p.m. (#1) #1762 PAUL W. BOYKE, 793 NORTH FERNDALE ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:15 P.M. The AffIdavIt of Pub I I cat I on and Cert IfI cate of Mailing were noted. Paul Boyke was present. Gaffron explained that staff has not received septic testing for the lots and the applicant wishes to wait to submit such until after the meeting tonight. He referred to two additional letters received from neighbors, the Bergs and Higgins (Exhibit A). He explained the property is near Lydiard Lake. Previous subdivisions In the area have provided for land acquisition for a future cul- de-sac. Lot 1, with the existing house, has 2.12 acres of dry bulldable land, and .25 acres wetland. Lot 2 has 2.57 acres dry and 1.36 acres wetland. The unique configuration proposed is due to the setback requirements, the need for 2 acres of dry bulldable land, and the need for septic sites on the property. Lot 1 has 165’ of lakeshore where 200’ Is required, therefore a variance is needed, and Lot 2 has 340' of lakeshore. Chair Kelley stated the subdivision is in a 2 acre zoning district and this proposal does not meet the standards of that district. He stated he Is not in favor of the proposal. Peterson agreed with Chair Kelley and added the additional hardcover for the driveway will also be a factor. All the members agreed with Chair Kelley. Johnson asked to hear any public comments Jim and Debbie Higgins, 259 Hollander Road, stated their opposition to the proposal, citing the preservation of wildlife in the area and privacy as reasons for their opposition. T-r-; MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1762 - CONT. Chair Kelley reminded them that Boyke has enough acreage, but It is the need for variances that he is opposing. Paul Bruer, 275 Hollander Road, said he Is concerned with the proximity of the proposed residence to the lake. Jim and Judith Hunder, 265 Hollander Road, agreed with their neighbors’ opposing remarks. Mrs. Hunder noted the Issue of the need for variances and felt the subdivision did not make sense. Boyke explained be first proposed this subdivision prior to the new shoreland regulations, but was made to wait due to the moratorium. He noted the "point" area of the property Is unbuildable due to current regulations. He is hoping to protect their views of the lake and also realize the full value of his property. He stated they do not have a desire for a dock or pier out onto the lake. He indicated he would be wlIiing to divide off a second lot without making it a lakeshore lot. He added, their Intent is not to change the wildlife of the area. Johnson asked about the strip of property near the cui-de-sac, the ownership of which Is In question. Boyke explained that the City approved a metes and bounds division, but It was not recorded at the County correctly. He Is In the process of trying to work that issue out. Chair Kelley felt that septic testing for the site may determine where the property boundaries should be placed. It was moved by Chair Kelley, seconded by Cohen, to table Application #1762 Paul W. Boyke, 793 North Ferndale Road, pending septic test Information. Ayes 7, nays 0. (#2) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:42 ~ 7:50 P.M. The Af f i dav it of Pub I i cat ion and Certificate of Mai ling were noted. Austin Evans was present. f btUiiML 'f 4 V : I 1 10.206-10^UNIFORM FIRE CODE T^inoer ___ „:„;m„m i-fooi clear space shall be mainiaincd around 1.^the chief. K L»ib,c u. apparatusi. . 1 M F.xcmio» w«» noi be impaired. (b) SLuIX,. The required width ^'Ss'No'SRVtosSsor s,«.» «. tyt- « milSiwTSS wldih. wh.« S»=h widd, is »« «k,e«e lo, to OS Kseu. loads of the fire apparatus. v%«*. ^ Sec. ».»«- *K«»«d ”"'"*Jf" ”'Ibte tonto background. ;±i-ji!lH» 1962 EDITION 10.209-10.301 Key Box . 10.109. When eccess to or withlo e s'™?“» 5SI' sav contain keys to gain necessary access as required by the chief. Division ili APPLiANCES *" C*"'io'*301 (a) TV dc Required. The chief shall designate the ty|K and number4stiS»SS35|““}riK».r.srr="i:.“.rsr: %OTUblc fire extinguishers shall be in accordance with U.F.C. Standard No. *°tM Sneeial Hazards. In occupancies of an especially h^^ous nature w Sew s\!ch devices or appliances may consist of ^t^lic ^ - - S co«n. c«boo dioKide. lorn, tolooenaled ond dT.'It'™'*', “ the National Fire Protection Association when Umform Fire Code Manoarus oo "“IcTwiter Supply; An approvd vmer supply capble of fire flow for fire protection shall be provided to all premiMS upon which oTSow orbSgs are hereafter constructed. When any po^jon of building protected is in excess of 150 feet from a iwter supply on a there shall be provided, when required by the chief, on-site fire hy mains capable of supplying the required fire flow. water Water supply may consist of reservoirs, pressure tanks.' 7=*''=;^ mains or other fixed system capable of supplying iht required the requirements for lire fiow. the chief may be guided by the standard publishco y * ti ■ - t^^iMiiiitirii 'uwm M Mi^fiMlIillil ^ I Bonestroo Rosene AnderllkA ^1 Associates Engineers & Architects Ono G Bonestroo PE Rotcn W tesene. P£ • Joseph C ArOe«t<k. Marvtn L 5on/^ij PE Richard £ Turrer P£ Glenn R Cook. PE Thomas E No>ei PE RoOfft G Schun<hL PE Suvjn M EOcrisn CPA •Senof Consuwnc HcNVJ'd A Sar'o^ PE A Gcrjon Ft Porert R Pfrfefe PE Rvhard W Poster. PE Oa» 0 O Loskcta. PE ROOert C Puuek. AIA Jerry A Bo. "Jon PE Mark A hans*v^. PE ^^<hael T Rautrrinn. PE Te-J K E-ekJ. PE Thcmai R Anoerson. AIA Donald C BurgartJt PE Thomas E A-*5uS PE Gf'y P R>'.moef PF ismae* VatJ-ea P£ Mchaet P Rau. PE A^es V Ring. A ICP T*-cm^v VV Pprer^ PE \Uraei C L)-ncn PE Jjr>ei R Maiand P£ Jerry O Perx**«h. P£ Ke* '■etr. P Aroerson PE Mar^ R Pcfv PE Mars A Se«pL PE Gary W Monen PE Oa" e ‘ J EJ'jerron PE Ph.^p J Cas Aefl PE Mark O viaJii PE M let 8 Jensen. PE L Philip Grave* ifi PE Karen L a <*rT>eri PE F Todd Foster PE ke«th R vapo PE Shaven O Gustafton. I Cec lo 0^»v»er PE Charles A E^<kson Leo W Pawe:sky Hanan M Orton Jarres F Enge<hardt September 17, 1992 Mr. Mike Gaffron City of Orono P.O. Box 66 Ciystal Bay. MN 55323 Re: #1762 Paul Boyke Subdivisiim File No. 139-1762 Dear Mike: We have reviewed the proposed subdivision of Lot 1, Block 1, Lauranne Woods Addition on the Paul Boyke property, located u) the east of Lydiard Lake. Subsequent to our site inspection, there are several engineering issues that should be noted. Lydiard Lake is a DNR protected water, identified as Basin No. 27-159P. The accepted ordinary high water elevation (OHWL) of the lake is 970.9. For setback purposes this elevation contour should be considered the shoreline of Lydiard Lake. The City's municipal code requires certain setbacks to shorelines and these have been shown appropriately on the site plan. The code also requires a 200 foot shoreline for each lot to have lake access. If Lot 1 is planned to have lake access, the westerly lot line of Lot 2 should be realigned to provide 25 feet of additional shoreline to Lot 1. If Lot 1 is indeed planned to have lake access by means of the 10 foot wide strip of land along the north property line, a grading plan should be provided to show any planned improvements in that area. We understand that the bituminous access road from North Femdale Road is a private drive which is platted as an outlot with joint resident ownership. To eliminate an undesirable "flag" lot with driveway easements, we recommend that the 30' by 407' "flag pole" also be platted as an outlot with joint ownership by both lots. This would be in accordance with the code requirements for a minimum lot footage of 200 feet. Drainage and utility easements should be provided five feet wide along both sides of the proposed lot division line. Please contact me at this office if you have any questions. Yours very truly. BONESTROO, ROSENE. ANDERUK & ASSOCIATES, INC Shawn D. Gustafson. P.E. SDG:lk 2335 Wett Hlghw^ 36 • St. Paul, Minnesota 55113 • 612-636^o00 ■ i ' -a •: w. I r •' I.............. ■ r! i/U[lEBu'i7[llil. D QAA Ci.'^ cL rv. C cj A>rVMS^';tV^ •» 3£P 2 I ^ggg Vl5e^ cue, i^rr 3u-Vdc^»u\vS»t>r> ^ 1Y\ fe-qo^ci 4d t/'V \jucae. uoabU "b bc-H^v-xi. lxa/o«^ “"Ke, CilcX)0<, YV^errf<A <prcpe^-ii-'b c:>^ bv. jie. hcz-tx- no obj (ie4^ oai. iK- pn^pos<?A deMipzo^A hui" (jJ\ &U "to 'E/^Cour<3 (30nSic3'?r<ci'i'cyN he^ mstcb Op cboc- b t)U«lci Cicc^ rood ^ 'bW' OXj^Ajoes^ n^cr(- inW-fis^ (jO^k tXv* on A uk.'i ck fun alcrvi Cur - J- ■*' -1 or^ lft4 "flv "^^rvU. C-v ptXn^2£dn,^ uXii decte.-lcpccl C3e_ uJe/t- .. fe-^ueA b 02^')(^ prDpiT^ ■ftr ^ Cu-I-gL-^o 4f^ ?y-> c(i proiobil/^^ n<2.<A'' he. 'hi-uh]-. Iiv3«i- (3o rvo"!" u)<^r>-[' Co-kc^-'^<L, b <3op'^(4iJc-c:^• 0-*^ .. .n€jaWlcDr.s aluJ3^.i \J^^ Coubez^d Cii\cL .. VvoL>a Tn and D^+ ok ne:^k'fad'-(\oo5 ro^ MOv.^ i-u ho-ip4i>^ (tnr'^Cofioctj oe-b LOc €,r'GCxro UA WO^fAa'm V- (SirltibliSka 4L Crp D^v' neiQMDx'K<>c)i bp«^ p>s'~hjr> C^ fk/.s ^3^-ciL-^<2e . t 4lr atbo^.V^ ta"b Uolo^ Cur Go/^ici^~GrhorLS Qrvd O-'l'Soj-v^L bnvv- G^ypreds O^r Copft (ki-'o*.^ 4k- Qir\Cju^ A .0.1, <?r:V 4 ’. . i r.1r.m Mr. Michael Gaffron Assistant Planning and Zoning Administrator City of Orono Orono, Minnesota rrr i CITY 0«[onoNC SEP Z i 1998 1 September 17, 1992 Re: Proposal ^1762 - Paul W. Boyke Subdivision Dear Mr. Gaffron: My husband Jim and I are concerned about Paul W. Boyke's proposed subdivision. We have lived at 259 Hollander Road for two and a half years and our property borders Mr. Boyke's lot. Our property and Mr. Boyke's are beautiful examples of the natural wild environment areas that Orono has worked hard to preserve and protect. Lydiard Lake and its surrounding wetlands, located in the proposed subdivision area, is home to many types of birds, wildlife, trees, and plantlife which my family and I enjoy observing and protecting. One concern we have about Proposal *1762 is that the proposed subdivision is quite close in proximity to Lydiard Lake and its surrounding wetland area. Does the City of Orono consider this proximity appropriate in meeting the standards set forth in the Shoreland Management Ordinance document? Will the subdivision proximity be appropriate in preserving this natural wetland/lake area and protecting it from decay? i The building site, as proposed, appears to be placed on a sloping area of land or bluff with the house sitting below land on three sides. What effect will drainage or land erosion, resulting from removal of large mature trees from the building cite, have on Lydiard Lake? What effect will a sewer/septic system, placed on a bluff impact area, have on the wetland area below, especially considering storm water runoff? jhumiA 1 We feel that the proposed new construction will have a negative impact on this beautiful natural shoreland area and that the proposed subdivision is not appropriate for the Lydiard Lake area. Than!'’ you for your attention. Sincerely, C CL- Derorah C. Higgins James C. Higgins 259 Hollander Road Orono, Minnesota To: From: Date: Subject: Chairman Kelley and Planning Commission Members Mayor Peterson and Orono City Council Ron Moorser City Administrator Michael P. Gaffron, Asst. Planning 6 Zoning Administrator September 18, 1992 #1762 Paul W. Boyke, 793 North Ferndale Road - Preliminary Subdivision - Public Hearing Zoning District: RR-IB, Single family rural residential, 2 acres. Application: Request to create an additional 2 acre residential lot from existing residence parcel. Note: As of this date applicant has not provided septic testing information. Staff has been advised that testing has not been commenced. Staff will request tabling of this application for review of septic information once it is submitted. However, this is a public hearing and has generated significant neighbor interest. Planning Commission should treat this as a sketch plan review, hear from the public and advise applicant of any potential problems with the proposal. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Application Plat Map Property Owners List Survey Letter from Neighbors at 265 Hollander Road Letter from Neigh^ors at 275 Hollander Road Facts and Dimensions * « Variance Reqd. III. r Lot Area (Dry Contiguous) Lot 1(Existing House) 2.12 Ac. Lot 2 2.57 Ac. Required 2.0 Ac. (Wetland Below OHW)0.25 Ac.1.36 Ac.— (Total 2.3l Ac.TT5I Ac.2.0 Ac. Lot Width - At Shoreline (OHW)165* *342' +200' - At 150* Setback 12' *350' +200' Setbacks Structures to OHW 350' +150' +150'Min. Septic to OHW 290' +(150'+)150'Min. L. Side Setback (S)135'210'30' am a R. Side Setback (N)45'30'30' am m Rear Setback (E)54'52'50' mm sss a Driveway/HC to OHW 390'85*75' Septic to Lot Lines 20'20'20' Zoning File #1762 September 18r 1992 Page 2 Lot 1 Lot 2 Required IV. V. Abuts Public or Private Road Hardcover NO *Yes Yes 0-75'0%0%0% 75-250*0%-1-20% As Proposed 25% 250-500*20% As Proposed 40%+30% Suniary Applicant proposes to split off a 2 acre building site from his existing residence parcel containing 4.69 acres of dry buildable land above the 970.9 ordinary high water level of Lydiard Lake. Issues for Consideration 1.The surveyor has defined two potential dralnfield sitesr each 40'x90' in area meeting the required setbacks from the proposed lot lines and house, and the 150' lakeshore setback. It remains to be seen whether testing will confirm the adequacy of these sites. The system serving the existing residence was inspected on September 3rd and found to be in compliance. The alternate site for the existing residence has yet to be reviewed. 2.Lot width. Because both lots are proposed as lakeshore lots on Lydiard lake, the lot width is measured ^ the shoreline and ^ the 150* setback, measured as a straight line between points at which the side lot lines meet the ordinary high water elevation, and similarly at the 150' setback. Lot 1 does not meet the 200' width standard at either of these locations, and in fact even if the proposed division line was moved eastward to increase Lot I's shoreline width to 200', the 200' requirement at the 150' setback line could never be met. This begs the question as to whether a lot width variance will be granted for this lot configuration (which was obviously contrived to give the existing house lakeshore access as well as necessary dry buildable area). Note that east of the 10' corridor. Lot 1 contains approximately 1.5 acres. 3.As it currently appears on the plat map, Boyke does not own the 30'xl63.78' strip adjacent to his driveway, and until he does own this, the proposed subdivision would leave Lot 1 not abutting a public or private roadway. If he acquires this strip, then both Lots 1 and 2 will legally abut Outlot A (private road) or the adjacent parcel considered by Hennepin County as dedicated City right-of-way. If he does not acquire the strip, the 30* corridor of Lot 2 should be platted as an outlot. 1 r Zoning File #1762 September 18, 1992 Page 3 4.Because both lots are proposed as lakeshore lots, there is no lot width requirement at the road and therefore the flag lot nature of the proposal would not technically require a lot width variance. In similar circumstances with a non-lakeshore lot, the City has consistently required that the narrow driveway corridor from a flag lot be platted as an outlot to avoid a lot width variance. 5.It should be noted that the City currently has a drainage easement (Conservation and Flowage Easement) extending landward to the survey line shown on the proposed subdivision. The surveyor is apparently proposing a new drainage easement merely over the wetland, which suggests a revision to the existing C & F Easement description. Staff would note that quite often for the surveyor's convenience, drainage easements are plotted by metes and bounds description which does not necessarily follow the edge of the wetland, and setbacks are measured from the wetland not from the easement. Similarly, the dry land between the edge of the wetland and the easement boundary is considered as dry buildable land. 6.Under the current configuration, the new residence technically requires an average lakeshore setback variance. Because average setback as a matter of policy is defined by a line between the adjacent residence structures on either side of the subject property, the average setback for Lot 2 would be a line drawn between the house on Lot 1 and the residence to the south which is even further east than the existing house on Lot 1. Further, if Lot 1 was not a lakeshore lot and the northwesterly boundary of Lot 2 was at the northwest boundary of the property, the next adjacent lakeshore residence would be 445 Spring Hill Road and the average setback for Lot 2 would be barely lakeward of the proposed house. 7.Because there is no full cul-de-sac within 1,000' of the house, the driveway serving Lot 2 should be looped or adequate turnaround provided for emergency vehicles. Additional Factors/Requirenents of Approval 1.The Park Commission has requested a park dedication fee in lieu of land for this subdivision. 2.If the driveway becomes a shared outlot, its ownership must be shared. If not, appropriate easements must be granted. Staff Re ndation Please advise applicant whether the noted lot width, average setback and 250-500' hardcover variances are acceptable. The application should be tabled until septic data is submitted and reviewed. CITY OP ORONO - SUBDIVISION APPLI — — — — — — — — — — — — —— — * - PROPERTY LOCATION Site Address_" 0'Z3 /J. Li A 9 » ^ . •,. cmoFom) Property Identification Number (P.I.D.) ))K-X^-/X-cO/3 FINAiiCE QFF2C£ ^ , --------- --------1350200000 Please check one - Property ____ abstract or torrens? 01 OEH 325.C CtSU( . Ti 325»0\Attach legal description to application. /t‘iTfJpr-7MWA'Vci APPLICANT Name PauL Ij U> /(Sn \/M^ Phone (home) /73-^7f 03/2S. Phone (work) / Address: 9^ aJ.City: 7/iTA1 Zip: S'yT3^ J OWNER (if different than applicant)Phone (home) Name Phone (work) Address:City:ZId:vaccacn xist xr more than one) - - - - - - EXISTING LAND USB /Number of Tax Parcels Development Size y.o Acres Dry Land />€!Acres Wet Land • • C.J/i Acres Total, all parcels Present Use (check)>:Residential; no.of units' / Other (specify) Present Zoning District jeA /S PROPOSAL >< Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites:/ / Existing Units New Units Total Units Proposed Grose Density: Minimum Lot Size: Proposed Use: (check) ^____ Units per ^*30 Acres ^7,/Za Sq Feet Dry Buildable Land X Residential Other (specify) irr tkLr 2. 3. MINIMUM MATERIAL NECESSARY POR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 4. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official’s Signature _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ 1. 2. 3. 4. 5. Payment of fees (par): fees, filing fee, sewer and water assessments). Signed Certificate of Survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ PEES S)cetch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement $200.00 300.00 Preliminary Review (Class I & II Subdivision)300.00 Preliminary Review (Class III & all non-residential)325.00 + 25.00/Lot Final Plat Review (Class III) *(Plus any legal or engineering charges) 175.00 Renewal of Preliminary Subdivision ;^plication 150.00 Renewal of Final Subdivision Application 100.00 i 1 The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date ^/^l/ 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 ma)ce 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 6-1 IS'^S W, $65. RUN DATE Oa/21/92 HErtlEPlN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»MERS LIST BATCH 005 PROP ADOR 0»tlER NAME TAXPAYER NAME/ADDR SB 25-118-25 58 0005 00845 SPRING HILL RO R J NIOON i M E NIGON RICHARD J A HARY E NIGON 885 SPRING HILL RO HAYZATA m 55591 PROP AOOR OMNER NAME TAXPAYER NAME/ADDR 58 25-118-25 85 0018 00515 HOLLANDER RD TAP HARBERTS THOMAS A PATRICIA HARBERTS 515 HOLLANDER RO HAYZATA m 55591m PfIOP ADOR QNNER KANE TAXPAYER NAHE/AODR 36 25-118-23 43 0024 00325 HOLLANDER RD JSC GOLXNVAUX JERONE A CHARLOTTE GOLINVAUX 325 HOLLANDER RC HAYZATA NN 55391 PROP ADOR OHNER NAHE TAXPAYER NAHE/ADDR 38 36-118-23 11 0010 00645 FERNOALE RD N RICHARD E STRAND ETAL RICHARD E I JOAN H STRAND 645 NO FERNOALE RD HAYZATA MN 55391 PROP ADDR OHNER NAHE TAXPAYER NAME/ADDR 38 36-118-23 11 0020 00038 ADDRESS UNASSIGNED P N DOYRE A V L 80YKE PAL*! H BOYKE 795 ^ FERNOALE OR mirT'iTA MN 55391 PROP ADDR OHNER NAME TAXPAYER . NAME/ADDR 38 36-118-23 12 0007 00745 FERNOALE RD N JOHN A 8ER0 t NANCY C BERG JOHN A A NANCY C BERG 745 FERNOALE RD N ORONO MN 55391 REPORT NO. PAGE PI435401 14 38 25-118-23 43 0004 00038 ADDRESS UNASSIGNEO J A C GOLINVAUX JEROME A CHARLOTTE GOLINVAUX 325 HOLLANDER RD HAYZATA MN 55391 38 25-118-23 43 0013 00260 HOLLANDER RO LAO GILPIN LARRY A DARYL GILPIN 260 HOLLAT^OER ROAD HAYZATA m 55391 • » 38 25-118-23 43 0016 00265 HOLLANDER RD J H HUNDER A J A HUNDER JAMES H A JUDITH A HUNDER 265 HOLLANDER RD HAYZATA HN 5^391 38 25-118-23 43 0017 00259 HOLLANDER RD J C HIGGINS ADC HIGGINS PHH US MORTGAGE CORP 55 HADOONFIELD RO CHERRY HILL NJ 08002 r'. i ♦ 38 25-118-23 83 0025 00275 HOLLANDER RO P F BRUER A L J MILLER PAUL F BRUER LINDA J MILLER 275 HOLLAfWER RO HAYZATA m 55391 38 25-118-23 83 0026 00235 HOLLANDER RO K M MARINE A K I MARINE KONRAD M A KAY I MARINE 235 HOLLANDER RD HAYZATA rM 55391 L » ‘ 38 36-118-23 11 0012 00785 FERNOALE RO N ALLE6RA H PARKER PAUL L A ALLEGRA H PARKER 785 FERNOALE RO N HAYZATA MN 55391 38 36-118-23 II 0017 00715 FERNOALE RO N RICHARD J LYMAN RICHARD J LYMAN 715 NO FERNOALE RO HAYZATA MN 55391 i * fWpl •' I 38 36-116-23 12 0001 00038 ADDRESS UNASSIGNED J A C GOLINVAUX J A C GOLINVAUX 325 HOLLANDER RD HAYZATA MN 55391 38 36-118-23 12 0002 00725 FERNOALE RO R A R MACLEOD RONALD C MACLEOD 72>; N FERNOALE RO HAYZATA MN 55391 ( 'tI » 38 36-118-23 12 0008 00735 FERNOALE RD N MARGARET 0 PITTMAN ET AL- E E A MARGARET 0 STRICKLAND 735 FERNOALE RO N HAYZATA m 55391 38 36-118-23 12 0009 00038 ADDRESS UNASSIGNED JOHN A BERG A NA»CY C BERG JOHN A A NANCY C BERG 785 FERNOALE RO N ORONO MN 55391 • ♦ S.i'I. * » t i •' • I , M MM OATt OA/21/92 BATCH MS HEIflEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWCRS LIST REPORT NO. PI«5540l PAGE 15 SB 3A>118-X5 12 0015 OOm FERNOALE RO N PAUL N A VIRGINIA L BOYKE _ _ _ _ PAUL H A VIRGINIA L BOYKE NAME/Am TPS FERNOALE RO N NAYZATA m 5!>591 PROP AOOR OltCR NAME TAXPAYER 5B 54-110-25 22 0005 00755 LONG LAKE RO E F NINSTON A E C NINSTON FREOERICK NINSTON NAHE/AOOR 755 SPRING HILL RO NAYZATA MN 55591 PROP AOOR Q»MER NAME ^ • TAXPAYER »il7 A. ’.V 50 54-110-25 12 0014 00795 FERNOALE RO N D R A 0 J FLATZ DOUGLAS R A DIANE J FLATZ 795 FERNDALE RD N TAYZATA MN 55591- 30 34-110-25 12 0015 00030 ADDRESS UNASSIGNED PAUL N A VIRGINIA BOYKE CITY OF ORONO p 0 BOX 44 CRYSTAL BAY It* 55525 ^ ’ ■A -I ; ^ * . * » A »' li. j . J , ♦ »• h * , 1 'V.* * t ’ u. 9 .f' 1 ! t ■ I 9 » TOTAL BATCH t ■ ' • . V’ ; I. 005 00022 I • * 4 ‘ * * i *1 • • * ♦ I 4 ’t » ■I >• t : •I f* * J I I • » V : ■ V •4 • • > . I I I ' 1 • « N « !!t .-•. I. • 1. . -it :»* • ^i* •:« •! ■ . ■ !• ! ‘ • , • ' ' •11 ' 1 ^ ’ . I / . • • * ^ ;■ :. • I. k n I • \-1 I r - I # li V ■ * ; t ' .1 1 ' ;1'.' . i' t I > 4 \i- 9 ». i » ’ . ;.-f • .. i • i ■ ■ J1 • • I ! i -t' ' 11-'«•- J ^ t ‘ i r ’ ‘ r.. » 4 i r| = A '■t A * \ • f. I* 9 '■}]3i ! -i « tf»cB^rv T1J4T TMP FACTS REPiRESENTEO ARE AN ACCURATE AND TRUE ^ 5 e5JSK«™ !?iHJSS."rai S it appe«»s t«is oat* «n mwcojK O^THE MEfOIEPIN COUNTY DEPARTMENT OF PROMRTY T^TIW, TO THE BEST OF MY KNOHLEOGE AND BELIEF. . ^ ............. / •' ‘t- ;• ,l'.- c.- »•? 4’ DAT! . I M *r ’ ?« I ♦ ,1 * . 'V* ;• I'i ; : . f•t »« !* I- . r : - r. 5^ Is T- 1 *'. * * ***: . 4 • • • ••i : ••• I • I • 1 ♦ » » * * I : *' V ♦ «i ’ u 0 i .4 \ " r’i I . •f * •VI-' ■ 1i . V%- '- • » ■ * *» I »’C 4- . i ; S J • I ' / \ ' il'V’.vh ll • • % F r rq;f!U:I C.T/ C- • • •• • • w September 11, 1992 iPn==;i!!i■ Ti) rs? !7= I-?! tnv-ni; • i I ># O Clt.* • SEP i 4 1038 Mr. Mike Gaffron Asst. Planning and Zoning Admin. Village of Orono Orono, MN Re: #1762 - Paul W. Boyke Subdivision Dear Mr. Gaffron; We are neighbors of Paul Boyke‘s living at 265 Hollander Rd. When we purchased our house, our understandxng was that the lot b«-.;ind us was long and narrow with a house on the screet, but otherv'iSiS^ unbuildable. We considered the lot Mr. Boyke bouo.;!, to be one of the most beautiful lots in the Orono ar#T.5 with many old oaks, wetland, a lake and many species of wild/.;^5' .including a fisher, an animal not usually seen in this Upon buyip:-. the lot, Mr. Boyke immediately subdivided, putting a driveway through the existing property and selling off the house on the street and building a house behind. His present proposal would be to add a driveway onto the existing driveway and to build another house, making the houses "three-deep" on the lot. Then to add a little foot path(road?) to allow access to a forth lot to the back or lake side. We have been involved in comprehensive planning on the village level and have, as the owners of a small office building been involved in development and met with Plymouth's planning Commission on several occasions. Our experience has taught us that the two most important elements in determining whether a property de velopment plan fits into comprehensive planning is consistency and appropriateness. That is, is it consistent with the development in the village in plan and layout? Does Orono consistently allow developers to subdivide lots four deep without direct access to a thoroughfare or wouxd this be the planning of 75 to 100 years ago? If Mr. Boyke had proposed such a development when he originally bought the lot would it have been approved as it is now, as a development ? Is this development appropriate to this area? Does it set back with other homes on the lake? 1 i L_ _ _ u- Page 376-4 of the Shoreland Management Amendment to the Zoning Code speaks to "sensitive resource management". The topographical maps show this house will be located several feet below the land on three sides. With hard-cover what does this mean in terms of run-off from the top house and surrounding drainage? Will this substantially increase pollutant drainage into the wetlands and ultimately the lake? Will this house have serious basement water problems - can it have a basement? Will it need a pumping system to the drainfield. Is this within the code for this area: (Page376-15 speaks to similar issues). Page 376-21 item "B" states "Each lot shall meet the minimum lot size and dimensional requirements set forth.i elsewhere"... Does Mr. Boyke have a 2 acre lot without the fourth lot on the lake. These are only some of the issues here, but we feel they are certainly sufficient to deny this request. As stated earlier, we researched that land before we bought this house and found it had no access and was low with poor drainage. This was not a legitimate 2 house lot. It is certainly not a 3 house lot. Thank you for your consideration. ery tru,Ly ybi^rs. /^/ James H. Hunder y Judith A. Hunder September 12,1992 cir>' c= CP(C>iC Mr. Michael Gaffron Assistant Planning and Zoning Administrator City of Orono Orono, Minnesota SEP 1 T Re: Proposal #1762- Paul W. Boyke Subdivision Dear Mr. Gaffron: My wife, Linda Miller, and I have resided at 275 Hollander Road for slightly more than one year. Our property abuts the northwestern edge of the land proposed for subdivision. I have lived in the western suburbs of Minneapolis for forty years, and am quite familiar the beautiful wild areas which remain in and around the City of Orono. Lydiard Lake is a prime example of one of these few remaining areas. Obviously, the City of Orono, and the Minnesota Department of Natural Resources appreciate Lydiard Lake's uniqueness, and have thus designated it a "Natural Environment", in its Shoreland Management Ordinance, and Shoreland Overlay District Standards. One of the thrusts of the new legislation is to preserve and protect the fragile wetland environments. The natural beauty of Lydiard Lake, and the rural character of Orono were two of the main reasons we moved to 275 Hollander Road. We have reviewed the materials available concerning Proposal # 1762, and have many reservations about what we have seen. Our first concern is the concept itself. The mandate of the State of Minnesota through the DNR is to preserve and protect the existing "Natural Environments" by limiting future development. Proposal # 1762 runs counter to the idea of protection and preservation by proposing new construction on the very edge of this unique wetland area. Our second concern was one of appropriateness. The existing level and character of development surrounding Lydiard Lake is non consistent with the proximity proposed in Mr. Boyke's plan. We also have concerns related to the actual suitability of the site itself for the proposed development. The bluff area to the north of the proposed building site is currently covered with many mature trees. What would happen to them? If the are rem.oved, wouldn't the wonderfully varied bird population which currently uses the area be gene as well? How would the incroduction of more hardcover effect the run-off and drainage ecosystem already in place? What is the environmental impact of over 600 feet of graded driveway, 300 feet of which borders the edge of the wetlands? Is the soil appropriate for a septic system? VJhat would be the consequence of septic system problems on Lake Lydiard. Our questions and concerns are coo numerous to pursue in this letter. i I 1 i / I, The resources of the City of Orono Planning Commission and those of its staff will undoubtedly be used to address fully, not only our questions, but those of others, concerning this proposal. We feel strongly, that the proposed subdivision for new residential development on the edge of a designated "Natural Environment", runs counter to the concept and intent of protection and preservation of the unique Lydiard Lake area, and that it poses many questions concerning its appropriateness and feasibility. Paul F. Bruer Linda J. Miller 275 Hollander Road Orono, Minnesota :v',. 4 * ^ ■ ikxi V- i % To:Chairman Kelley and Planning Commission Members Ron Moorse# City Administrator Prom:Michael P, Gaffron, Asst. Planning S Zoning Administrator Date: Subject: October 9, 1992 #1764 Austin Evans, 255 Landmark Drive - Preliminary Subdivision - Continuation of Public Hearing List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Revised Survey Planning Commision Action Notice 9-23-92 Planning Commission Minutes 9-21-92 Memo and Exhibits of 9-18-92 Discussion After discussions with the DNR, applicant's engineer, and the City Engineer, staff has concluded that it would be appropriate in this case to credit as "flood fringe" area portions of the wetland above the 929.4* elevation contour. Also, DNR staff indicated that they would not necessarily consider that the shoreline of Stubbs Bay continues through the culvert, and left it to the City's discretion as to whether we should treat it as such. I have taken the conservative approach and asked the surveyor to define a 75' setback from the 929.4' contour line on both Lots 1 and 2. Based on the above, proposed Lot 1 contains 2.06 dry buildable acres; proposed Lot 2 contains 1.20 acres above the 931.5' elevation, with an additional 0.92 acres creditable above the 929.4' contour, for a total lot area of 2.12 acres above the 929.4* elevation. This would appear to meet the intent of Section 10.55, Subd. 15 (A-3) regarding credit for flood fringe lands. The resulting buiIcing envelope for Lot 2 ranges from 60* to 120* in width and 120* in depth, ample room for development of a residence. Additional Factors Following are additional points noted in the September 18th memo: 1.The property is served with sewer but was assessed only one unit as part of the Bayside North project, and this assessment would logically be assigned to Lot 1. A sewer stub can easily be provided to serve Lot 2. Note that the sewer unit for Lot 2 would be charged the full unit price not the reduced price, since the lot Is not buildable without sewer. This connection charge would be collected at the time a building permit is issued for Lot 2. Council i 1 II ■ ^niiiifain III ftr III an tfiiiartiinii i imh i n^ii urn n i ii hph i i -i nrr inhaiiihii I r mit I if Zoning File #1764 October 9, 1992 Page 2 must determine whether Lot 2's connection charge will be based on the Bayside North sub-area rate, or as part of the Stubbs Bay Northwest sub-area. Since Lot 2 will connect directly to the trunk rather than the Bayside North lateral, it justifiably is part of the Stubbs Bay Northwest project and should pay the full Stubbs Bay Northwest unit rate. (Note that the 9-18-92 memo indicated no payment for second unit would be due until the second house is built. Further discussion with the Finance Department indicated in this situation that would not be applicable). 2.The Park Commission has requested th. standard park dedication fee plus a 10' bike trail easement over the 10' drainage and utility easement adjacent to Bayside Road. The park fee would be adjusted to compensate for the easement. 3.Hennepin County Department of Transportion has verbally indicated they would approve a driveway location located adjacent to the building envelope. Applicant should be advised to make a formal application to Hennepin County for an access permit, such permit to be obtained prior to final plat approval. 4.The City is requesting an easement through Lot 1 for municipal sewer lines extending northwestward to serve the house at 185 Landmark Drive. Applicant is requested to finalize the easement at the earliest possible date in order that sewer construction can commence immediately. 5.As noted in the September 18th memo, applicant should designate which lot will be assigned the existing lake access rights. Staff Recomiendation Staff recommends approval of the subdivision as proposed, subject to the following conditions: 1.Lot 1 shall access via Landmark Drive. The existing driveway access onto Bayside Road shall be regraded to eliminate all future access at that location before a building permit can be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. 2.The underlying Conservation and Flowage/Drainage Easement granted with the plat of Bayside Landing shall remain in effect over both Lots 1 and 2. n MiTii M-n iiT rr ~imtiiTa11e A J J Zoning File #1764 October 9, 1992 Page 3 3. 4. 5. 6. 7. 8. Prior to preliminary plat approval by Council, applicant shall declare which of Lots 1 or 2 shall be granted the lakeshore access via Outlet A of Bayside Landing, which will be documented in the final plat resolution. All construction shall adhere to the building envelope defined on the survey dated 8-28-92/revised 10-8-92. Applicant is advised of Municipal Code Section 10.03, Subds. 19, 20, and 21, which define the extent of filling and grading that will be allowed for any residence developed on Lot 2. Council should certify which sub-area will be the basis for the sewer connection charge for Lot 2. It is recommended that the previous assessment for one unit as part of the Bayside North sub-area be assigned to Lot 1, and that Lot 2 be subject to a full unit connection charge as part of the Stubbs Bay Northwest sub-area, to be paid in an amount according to the City fee schedule at the time a building permit is issued for Lot 2. Applicant shall grant to the City a 10* bike trail easement over the 10* drainage and utility easement adjacent to Bayside Road, and shall additionally pay the standard park fee less the value of said trail easement. Granting of the standard Drainage & Utility Easements along all lot lines (10* along exterior lot lines, 5* along interior lot lines). I AsntifTi m iiinafttSi ail Tir^i f^i i rrfdlT ..... PROPOSED SUBDIVISION FOR AUSTIN EVANS OF LOT 1. BLOCK 1. BAYSIDE UNDING HENNEPIN COUNTY. MINNESOTA This survey Intends to show the boundaries of the above described property. It does not purport to show any other improvements or encroachments. o : Iron marker (‘***1 f) : Spot elevation, mean sea level datum Bearings shown are based upon an assumed datum. mviMliK I»AI»Coffin & gronberg, inc.I Krfi’H n'Milx ih.if dll'* u.t'pfr|MM*il h\ mrof ilmtl'uprf ih*ii I ti C1%li 1 iiwl landSufv»*y'*> undrf Ibr Uws id ihr SlJlr id Minnrwrfa CITY OP ORONO P. O. Box 66 Crystal Bay, MN 473-7357 ZONING FILE #1764 55323 NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 9/23/92 TO:Austin Evans 1405 Kingsview Lane Plymouth, MN 55447 COPIES TO TYPE OP APPLICATION: Subdivision DATE OP MEETING: 9/21/92 VOTE: 7 For 0 Against Planning Connission reconKnds the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Tabled at applicant's request for further discussions with staff. Please contact Mike Gaffron (473-7357) to go over the 9/18/92 memo and additional information needed to proceed with the review. Applicant's next scheduled meeting is confirmed as: Planning Commission October 19, 1992; meeting starts at 7:00 p.m. h A* , ' . - m Boyke explainea tnat tne Ciiy approvea a metes anu oounus uivision, but it was not recorded at the County correctly. He is in the process of trying to work that Issue out. Chair Keiley felt that septic testing for the site may determine where the property boundaries should be placed. It was moved by Chair Kelley, seconded by Cohen, to table Application #1762 Paul W. Boyke, 793 North Ferndale Road, pending septic test Information. Ayes 7, nays 0. (#2) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:42 - 7:50 P.M. The Af f I davi t of Pub I I cation and Certificate of Mailing were noted. Austin Evans was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1764 - CONT. Gaffron explained that an outlot was established providing lakeshore access to the lots in this development. He noted staff recommends that only one of the two lots In this proposal gain access from the outlot to the lake. He reviewed the issue of flood fringe areas, and stated the Planning Commission needs to determine whether to treat this property as a flood fringe or wetland. Evans requested the application be tabled until he has discussed the ramifications with staff. It was moved by Cohen, seconded by Rowlette, to table Application #1764 Austin Evans, 255 Landmark Drive, to allow the applicant time to discuss the proposal with staff. Ayes 7, nays 0. John Thiesse, 3845 Bayside Road, stated he has no objection to the proposal, but asked that the deeded lake rights remain with the lot on the cul-de-sac. Rowlette asked that only one of the lots within the proposal be allowed lake access through the outlot. (#3) #1621 TERRY & JONELL JOHNSON, 1045 LINDEN LANE - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:15 - 7:40 P.M. Mr. and Mrs. Johnson were present. Gaffron explained this current proposal is being referred to as Plan "D". The application was first brought before the Planning Commission about 1 1/2 years ago. The plan Includes a garage 1 i 1 , i P- IV: To Chairman Kelley and Planning Commission Members Mayor Peterson and Orono City Council Ron Moorse, City Administrator c^. Prom: Date: Michael P. Gaffron, Asst. Planning & Zoning Administrator September 18, 1993. Subject: #1764 Austin Evans, 255 Landmark Drive - Preliminary Subdivision - Public Hearing Application: Request to split off a 2 acre building site from Lot 1, Block 1, Bayside Landing. Boning District: LR-IA, 2 acre minimum. Pertinent Pacts Lot 1 (House) Lot 2 (Mew) Lot Area:Dry Wetland Total 2.06 Ac. 2.24 Ac. 1.20 Ac. 0.95 Ac. 4.30 Ac.2.15 Ac. Lot Width:250' +520' + List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Survey Comments from City Engineer Copy of Section 10.55, Subd. 15(A-3) and Flood Fringe/Floodway Definitions Issues 1.Section 10.55, Subd. 15(A-3) allows (for unsewered property) a density credit for "flood fringe" lands equivr' nt to the amount of dry land, to meet the acreage requirement. App) ''ant proposes to credit .95 acres of flood fringe with 1.20 acres of dry buildable land to meet the 2 acre requirement for Lot 2. 2.Few subdivisions in staff's recollection have made use of this code section since its adoption in 1979. In perhaps two or three cases, existing lots of record have used the wetland credit for sewered property. Staff has initiated discussions with the applicant's engineer, the City Engineer, and the DNR in attempting to determine whether all of the proposed wetland area to be credited falls within the definition of "flood fringe". Flood Fringe is defined as the area between the floodway elevation (not strictly defined for this wetland as of this Zoning File #1764 September 18, 1992 Page 2 3. 4. '' cx'./?Vs 6. w 7. 8. writing) and the flood plain elevation (established at elevation 931.5 based on the culvert contiguity with Stubbs Bay). If the floodway is defined at an elevation near 930.0 or higher, the flood fringe credit may not be available. Under the assumption that enough flood fringe area is available to meet the 2 acre lot area requirement, the proposed lot boundaries allow for adequate area and width for this to be a legitimate building site, although it at first viewing would be perceived as relatively low land. There is a li)cely buildable envelope approximately 120' deep and 130' wide. One other unresolved concern is, if the 929.4 contour continues from Stubbs Bay through the culvert and up the creek, whether a 75' setback must be required. If so, this would reduce the buildxng envelope width to perhaps 115', still leaving substantial area to develop a residence. The property abuts municipal sewer, and is within the MUSA boundary as recently amended. Only one sewer unit was assessed to the property, intending to serve L-^t 1. A stub can easily be provided to serve Lot 2. KJOTB ’ L>oO-'/-j — City policy is to collect the second sewer unit at the time a building permit is issued for the second residence on the property, regardless of which lot the second house is built on. c •~7t • The Orono Park Commission has requested that, in addition to the standard park dedication fee, a 10' bike trail easement be granted over the 10' drainage and utility easement adjacent to Bayside Road. The park fee would be adjusted to compensate for the easement. A copy of the proposed plat has been forward to Hennepin County Department of Transportation for review of a driveway location for Lot 2. We have no response as of this writing. The City Engineer notes a potential concern on driveway location and sight distance, hence any recommendation for approval must be contingent on driveway location approval from Hennepin County. The City has requested an easement through Lot 1 for municipal sewer lines extending northwestward to serve the house at 185 Landmark Drive. The originally proposed easement location was down the old driveway corridor through the center of the lot. Applicant has discussed with Public Works a relocation of that easement to reduce the impact on Lot I's building site. Since Bayside Road is considered a scenic parkway but not an arterial road within the Comprehensive Plan, there is no requirement that access to Lot 2 be provided by an interior roadway system. J Zoning File #1764 September 18, 1992 Page 3 9.Regarding lake access, recall that this property was one of two lots gaining access to Stubbs Bay via Outlot A of Bayside Landing, based on the shoreline width. Under the new Shoreland Regulations, the definition of lot width would be a straight line and only one of the Bayside Landing lots would have gained riparian access. For this reason, it is staff's recommendation that no additional lots can gain lake access over Outlot A, but Mr. Evans should be given the choice as to whether Lot 1 or Lot 2 is assigned the existing access rights. Staff ReccMusendation Given the unresolved Issues of the creditable flood fringe area, the location of the 929.4 as it continues through the culvert, and the question regarding driveway location, staff would recommend tabling of this request. Since this is a public hearing, public comments should be heard and any additional issues found by the Planning Commission should be brought to the attention of the applicant. ■ - - —-- - - - - - - - - - - - - - - -- - - - - - ^ - ! . L CITY OF ORONO - SUBDIVISION APPLICATIOlFtv PROPERTY LOCATION V*a Site Address___2>^» I 4 • • ..'•J .•1 v' J / • • d/tV V V • % tiTi OF omo Property Identification Number (P.I.D.) OS~//7~'23*23^003*/ < ^ torrens? fp J75.WPlease check one - Property abstract or Attach legal description to application APPLICANT Neune fiustiN Phone (home) ___ Phone (work) Addressi kli^^SVl/tWJ OWNER (if different than applicant) City: PliMOpy^i Zipz_^£^^ Phone (home) _____________ iEXISTING LAND DSE Number of Tax Parcels Development Size ^.2r Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify)_ _ _ _ _ _ Present Zoning District ( PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building, sites) Subdivision for New Building Sites y*I Number of Building Sites:Existing Units New Units Total Units i Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Units per Acres S^O Sq F»et Dry Buildable Land X f Residential " Other (specify) .. . .. MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application. Form 2. Preliminary Plat information on Certificate of Survey, 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). . . 4. As an addendum to this applicatidir,''pTease*Attach a separate list of any other pw-Mnft^pi^'wish.notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ _ 1. 2. 3. 4. 5. Payment of fees (park fees, filing fee, sewer and water assessments). Signed Certificate of Survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III)$200.00 Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subd*ivision) 300.00 300.00 X Preliminary Review (Class III & .non-residential) •> -y , 325.00 + 25.00/Lot Final Plat Review (Class III) *(Plus any legal or engineering charges) 175.00 Renewal of Preliminary Subdivision Application 150.00 Renewal of Final Subdivision Application 100.00 The applicant hereby agrees to provide all Information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature ■A^Date Owner's Signature Date Applicant must have all subroitta'ls^ into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. njs:^2- J :'p i r RUN DAT! Ot/ZS/n MTCN 002 PROO ADDR ONNER NAME TAXPAYER NAME/ADDR PROP AOOR ONNER NAME TAXPAYER NAHE/ADOR PROP ADOR OltlER NAME TAXPAYER NAME/ADDR PROP AODR OltCR NAME TAXPAYER NAIC/ADDR PROP ADDR OltCR NAME TAXPAYER NAME/ADDR PROP ADOR ONNER NAME TAXPAYER NAME/ADOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST 56 05-117-25 21 0005 05760 BAYSIDE RD HAZEL ANDERSON HAZEL ANDERSON 5760 BAYSIDE RO LONG LAKE rH SSlSh 56 05-117-25 22 0007 05960 BAYSIDE RD MICHAEL 6 FILBRANDT MICHAEL FILBRANDT 5960 BAYSIDE RD MAPLE PLAIN MN 55559 56 05-117-25 22 OOU 00175 LANDMARK DR L C HARREN A J M HARREN LEE C A JULIE M HARREN 175 LANDMARK DR LONG LAKE MN 55556 56 05-117-25 25 0006 05965 BAYSIDE RD. FRED BLANCH JR FRED BLANCH JR 5965 BAYSIDE RO LONG LAKE m 55556 56 05-117-25 25 0006 ^ 05665 BAYSIDE RO OAK DIANIS DAVID DIANIS 579 N E PLANTATION RD 6610N STUART FL 56996 56 05-117-25 25 0011 00526 HESTLAKE ST C E MILLER ETAL BLAKE M BICHANICH 526 HESTLAKE ST LONG LAKE MN 55556 56 05-117-25 21 0015 05750 BAYSIDE RO JOHN BURGER ETAL JOHN BURGER 5750 BAYSIDE RO LONG LAKE MN 55556 56 05-117-25 22 0006 00165 LANDMARK DR BETTY MINER ET AL RICHARD F A KATHLEEN A KYLE 165 LANDMARK DR LONG LAKE MN 55556 56 05-117-25 22 0012 00066 ADDRESS UNASSIGNED BETTY L MINER PAULSHANSON ADDRESS UNKNOI#! 56 05-117-25 25 J0006 05665 BAYSIDE RO J B THIESSE ASA THIESSE JOHN B A SHERRI A THIESSE 5665 BAYSIDE RD LONG LAKE MN 55556 56 05-117-25 25 0009 05695 BAYSIDE RD C J HEZZE^J6A A E K MEZZENGA CHRISTOPHER/EUGENIA MEZZENGA 5695 BAYSIDE ROAD LOtiG LAKE MN 55556 56 05-117-25 25 0012 00552 HESTLAKE ST F E L0I6IY ETAL BLAKE M BICHANICH 552 HESTLAKE ST LONG LAKE MN 55556 REPORT NO. P1655601 PAGE 5 56 05-117-25 22 0006 00058 ADDRESS UNASSIGNED M G A S R FILBRANDT MICHAEL FILBRANDT 5960 BAYSIDE RD MAPLE PLAIN MN 55559 56 05-117-25 22 0010 00055 LANDMARK DR VICKIE J ROSS VICKIE J ROSS 55 LANDMARK DR LONG LAKE Ml 55556 I • 58 05-117-25 22 0015 00068 ADDRESS UNASSIGNED GARY N A VICKIE J RCSS GARY N A VICKIE J ROSS 60 SMITH AVE HAYZATA MN 55591 I i- f ‘ 1 56 05-117-25 25 0007 05855 BAYSIDE RD . PEGGY PETERSON PEGGY PETERSON 3855 BAYSIDE RD LONG LAKE MN 55556 ' % 56 05-117-25 25 0010 00058 ADDRESS UNASSIGNED DAK DIANIS DAVID DIANIS 579 NE PLANTATION RO t610N STUART FL 56996 r . ^8 05-117-25 25 0015 005<«0 HESTLAKE ST C STENOERSON « C HARRER CARL STENOERSON 3112 HOOOLANN AVE HAYZATA MN 55391 . X . 1 {••• 1 ♦ 1A *. ! • *1 . *«. ' i. i ♦ A '» . It ‘ I ‘ I- * . “ « • . r .*• t V J * • «: I ' VI ^ ‘.v •> • : I » .« f A ■ ' I « t »u ,*■ I > '}n I . ! f * 'n I ‘ . I vt RUN DATE Oa/25/92 BATCH 002 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»0«RS LIST PROP ADOR OlOCR NAME TAXPAYER NAME/ADOR SO 05-117-25 25 OOIA 005A0 NESTLAKE ST R B HARSH A P A HARSH ROOERIC B HARSH A ■ PATRICIA A MARSH 5A8 NESTLAKE ST LONG LAKE MN 55556 PROP ADOR OltCR NAME TAXPAYER NAME/ADOR SO 05-117-25 25 0025 00050 ADDRESS UNASSIGNEO RAO OLSEN RONALD 6 OLSEN 5A1 NEST LAKE ST LONG LAKE Itl 55556 PROP ADOR OHNER NAME TAXPAYER NAME/ADOR 50 05-117-25 25 0056 00255 LANDMARK DR A H EVANS A D EVANS AUSTIN H A DIANE EVANS 1605 KINGSVIEN LA PLYMOUTH MN 55667 .! • PROP ADOR OHNER NAME TAXPAYER NAME/ADOR PROP ADOR OHNER NAME TAXPAYER NAME/AODR 50 05-117-25 26 0100 00050 ADDRESS UNASSIGNED SAC GARDINER STEVE GARDINER 5770 DAYSIOE RO LONG LAKE MN 55556 50 05-117-25 26 0105 00050 ADDRESS UNASSIGNED SAC GARDINER STEVE GARDINER 5770 DAYSIOE RO LONG LAKE MN 55556 r 50 05-117-25 25 0021 00509 NESTLAKE ST G S PERL A B J PERL GREGG S A BETTE J PERL 509 H LAKE ST LONG LAKE MN 55556 50 05-117-25 25 0026 00561 NESTLAKE ST RONALD G A DEBBIE K OLSEN RONALD OLSEN 1605 KINGSVIEN U PLYMOUTH m 55667 58 05-117-25 25 0055 00056 ADDRESS UNASSIGNED A H EVANS A D EVANS AUSTIN H A DIANE EVANS 1605 KINGSVIEN LA PLYMOUTH MN 55667 50 05-117-25 26 OlOl 05770 BAYSIDE RO SAC GARDINER STEVE GARDINER 5770 BAYSIDE RO LONG LAKE MN 55556 58 05-117-25 26 0111 05775 BAYSIDE RO 6 R A CE ROHLETTE GERALD L ROHLETTE 5775 BAYSIDE RD LONG LAKE MN 55556 : ( . <• ) V REPORT NO. PI655601 • PAGE 6 50 05-117-25 25 0022 00525 NESTLAKE ST RAD OLSEN RONALD G OLSEN 561 NEST LAKE ST LONG LAKE MN 55556 '.i. ' i ' f - « I • 50 05-117-25 25 0055 00050 ADDRESS UNASSIGNED MICHAEL G FILBRANOT MICHAEL FILBRANOT 5960 BAYSIDE RO MAPLE PLAIN MN 55559 *. < .! > 50 05-117-25 25 0056 00050 ADDRESS UNASSIGNEO EST OF ANOREH MINER CITY OF ORONO PO BOX 66 CRYSTAL BAY MM 55559 i*'» > .* i 50 05-117-25 26 0102 00050 ADDRESS UNASSIGNEO SAC GARDINER STEVE GARDINER 5770 DAYSIOE RO . LONG LAKE MN 55556. . I.. • t . » V < •• . , f • d V t; ( ; .i •4 • • • ! i t . ) •;: J » 0 TOTAL BATCH 002 00032 • i •* * • ; i ,1 I . * . ■ ‘ i. f I • • V- . H > f :• •' !V , ..V * j ■ ■ 4 . . . ) . ». • ’■ • 'I '. • ' i •• ‘ 1 • •'. • f i’l T. J- f.t " ' ■’■■■ ' hi ■■ 'V ’’ I 4 .^- ■' ' V' • «. i . . I : , .<> , * . *■ it • I ii 0.1»6:*O O r: • ■. « * i: .6 c ** % f » ; 1• » »• .f = )• •. . • « . t ! • V •' * • ’ I r I t L-fifnHifc'lliAill------r OF IX>T X BLOCK X BAYSIDE LANDING • HENNEPIN COU)^. MINNESOTA ♦ •• • • • ‘NW'JS'^rw 4 'J A '•■ ,7^•V- •? •■ ^.s aJI® l. 376.IP i 4 . « •.»m—s ___— \ ' %.o WEr.TL.ANiD ► • •t \fli •» ^ i^pftulnag€0 :\/ VV V - X \ •• - ^ V 0.***^*^’>». V.* •• #i7 V \ A \ ^\\\ i^y/ iy s ^ >• 4 V LEGAL PCSCaiPTIOM OF PEgHISCS; Lot t. Slock 1. SAYSIOC LANDING This survey Intends to show the boundaries of the abovt described property. It does not purport to show any other iMproveaents or oncroachaents. , • o Iron aarktr : Spot titvatlon. atan sea level detua Bearings shown are based upon an essuaed datua. » I % V se « iwNON OATV oocitmiiN 1 • n\ % Coffin & Grqnberg. inc. ■In2 l.nnjr.uK A\iiun‘ • 1 Liki*. \1\ 333?<> hi: 47V4I41 I hrrrhy rrrtilv Ihjt lhi% wr\r)' vki% prepiriO bv mr or unjer my dimf wprr vi«inn. and thji I Am a duly irgn^rrrd Ci^il I ngmrff And Und Survfyur undi r thf Uws i4 ihr buir «d MiniirstMA MaiL 5 (.rynUfj MinncKilA I nvnMr Nufnhri \27S^ if i Bonestroo Rosene Anderlik& ^1 Associates Engineers & Architects Cno G Bcn^stroo P£ ki.L-cn a Ro-^rr PE • C Af jefi.K PF Vjfvin L ScK vaij P£ R<rtan3 E Turref. PE Ocnn ft Cook. PE Thon^i E No>rs FE ftoOcn G Schu''<nL PE Sown M Eber ‘.*n. C PA •Vnor Ccovuiwnf A SjnfofiJ P£ iccitn A GoAion, Pfc rrreftc r£ '.V fcs:r' PE DavKJ O Los*'Otj PE Pooen C Rosier A i A .W'V A BcHjfdon PE K*jfk A HjnsoT' PE W<hjei T R,»ut.T.^nn. PE Ted K fieid. PE Thomji R Andefscn AlA Dcn^ cJ C Burga'dt. PE Trc^js E Argos P£ G^rv f Pyi.tn-Jr^ PE Ivr^- PE V<hae? P Rju PE ^^‘res V R ng A <C P Thor'Jl W Prlf ’iOn PE M<hae! C Lynch PE R M«iljrvl PE Jrry O PpftfVCh PE Ktnne:*) P Anderson. PE KUtk R RotfV PE War^ A SeoL PE Gary w \<cfen, PE Od*' e: J Edgerron. PE Phi p j Caswe'* P£ Mark D U ja.1. P£ V-Ci 3 .f'.ien. PE L Pr, p G'aiiei m. PE K-ven t Ui <meri. PE F Todd Foster PE pceth R Yapp PE Srav\n D GustaSon PE Cec*A> O iviet. PE Charles A ErKkson Leo M P.'Ns^skv Harlan M C'son Jarnes F Ei>ge harm September 17,1992 Mr. Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: #1764 Austin Evans Subdivision File No. 139-1764 Dear Mike: We have reviewed the proposed subdivision of Lot 1. Block 1. Bayside Landing addition on the Austin Evans property, located along the north side of Bayside Road (Co. Rd. No. 84). Subsequent to our site inspection, there are several engineering issues that should be noted. The buildable property is located on the fringe of a large Type 2 weuand, or "Inland Fresh Meadow". This type of wetland usually has some standing water in the spring, but rarely in the summer except following heavy rains. The wetland is regulated by the Lf.S. Army Corps of Engineers (COE) and falls under the Wetland Conservation Act of 1991. This area is also located within the floodplain of I^ke Minnetonka (HWL 931.5). Minnehaha Creek Watershed, COE, and Wetland Conservation Act permits will be required if any fill is to be placed within the floodplain and wetland. The driveway locations should be determined at this time. The Hennepin County Public Works Department should review these locations as an access permit will eventually be required. The locations will be subject to poor vehicle sight distance due to the vertical and horizontal curvature of Bayside Road. Sanitary sewer is proposed to be constructed within the next month to serve this property and one adjacent lot to the north and west. The sewer manhole and a stub outside of Bayside Road are already constructed. The stub is located at the existing gravel driveway that runs through Lot 1. A twenty foot wide utility casement and a fifty foot wide construction easement should be provided along the center of the existing driveway, extending to the north property line. Lot 1 will be serviced off this lateral line. Lot 2 can be serviced off of the trunk line located along the north side of Bayside Road. The existing 24 inch culvert should be shown on the site plan and the 930 contour should be continued. Please contact me at this office if you have any questions. Yours very truly, BO^STROO. ROSENE, ANDERLIK & ASSOCIATES. INC. ShawTi D. Gustafson. P.E. SDG:lk 2335 \»iest Hlghw^ 36 • St. Paul, Minnesota 55113 • 612-636-4600 \ § 10.55 Subd. 13. City Determination. Based upon the technical evaluation of the designated engineer or expert, and based upon the factors listed above, the City shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. Subd. 14. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Section, the City may attach such conditions to the granting of a conditional use permit as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: facilities. A. Modification of waste disposal and water supply B. Limitations on period of use, occupancy and 4^ operation. C. Imposition of operational controls, sureties, and deed restrictions. D. Requirements for construction of channel modifications, dikes, levees, and other protective measures. E. Flood proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Subd. 15. Land Development and Platting. No part of any lot within the Flood Plain and Wetlands Conservation Area shall be platted for residential occupancy or for other uses which will increase the danger to health, life, property or the public welfare. All lots containing land within the flood plain districts shall contain a building site above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Section and have road access no lower than two feet below the regulatory flood protection elevation. Whenever a portion of the Flood Plain and Wetlands Conservation Area is located within or adjoins a land area, that is being subdivided, the subdivider shall dedicate to the City an adequate perpetual easement over the land within the protected area and along each side of such area for the purpose of improving or protecting the area for drainage or other purposes expressed in this Section and other recreational uses, as determined by the Council. Public or private streets, driveways, drainage openings and culverts shall not be constructed unless the design thereof has been approved by the City, and such structures shall be designed so as not to restrict the flow of water. Subdivision applicants shall provide all certified engineering data, surj^eys^ -site plans, flowage calculations and other information as'^the City may r^quics in order to determine the effects of.-such development oH^>the affected land and water areas. ^ ^ ORONO CC 370 (4-1-84) L., E ■ • - § 10.55 A. Minimum Lot Area Requirements. The minimum lot area reauirements of this Chapter shall be interpreted to mean that all of the required land area for each building site shall be in one contiguous parcel undivided by Floodway or Flood Fringe and no land within the protected area shall be included in determination of minimum lot area^ except as specifically provided for herein: 1. For properties not served by municipal sanitary sewer, the minimum lot area may be divided^ by Flood rringe lands provided at least 2.0 acres of land not within the protected area is included in one contiguous parcel and legal access is available to that building site without encroachment on the protected area. For properties served by municipal sanitary sewer, the minimum lot area may be divided by Flood Fringe pj^ovided ac least one half acre of land not within the ^ protecte area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area. 3. For residential properties served by municipal sanitary sewer, a limited density credit may bs allowed for inclusion of Flood Fringe lands as part of the required minimum lot area for ourposes of complying with the land use density, open space, building unit to land area ratios or other similar requirements of the land development and zoning provisions. The owner or developer of such property will be credited with an amount of his land within the Flood Fringe equal to, but not exceeding, the amount of his adjacent land whicn otherwise qualified for development under this Chapter. Such credit shall be conditioned upon dedication of perpetual open space and flowage easements to the City over all protected areas so utilized for density credit. ^ Subd. 16. Special Assessments. The land area in the Flood Plain and Wetlands Conservation Area which is not to be developed and is not used for credit as in Subparagraph A, Item 3 of Subdivision 15, and which is dedicated as an easement sr^l no be subject to special assessments to defray the cost of other municipal improvement projects, including but not limited to trunK sanitary sewer and water mains and storm sewer improvements. Subd. 17. Nuisance. Any filling, alteration, construction or artificial obstruction of the Flood Plain and Wetlands Conservation Area is declared to be and to constitute a public nuisance unless a permit to construct and maintain t obstruction has been obtained in the manner provided herein. A. Removal of Artificial Obstruction. If an artificial obstruction is found after investigation by the Cicy/ an order shall be issued to the owner, following ten days written notice and hearing thereon, for removal within a reasonab e time a ORONO CC 371 (4-1-84) i II iter lAllii I § 10.55 12. "Regional Flood" - A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average-frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 13. "Structure" - Anything, or part thereof, which is built, constructe''" ^’* erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below, or above the ground, land, or water. 14. "Wetlands or Marshland" - Lowlands covered with shallow and sometimes temporary or intermittent waters and also identifiable by wetlands vegetation and soil types. 15. "Wetlands Vegetation Types" - Including, but not limited to, bulrushes, cattails, arrowhead, sedges, marsh grasses as identified by the Hennepin Soil and Water Conservat-.on District and/or Circular 39 of the United States Department of ;:he Interior, Fish and Wildlife Service. 16. "Wetlands Soil Types" - Including, but not limited to. Marsh (Ma), Peat and Peaty Muck (Pa, Pm) Lake Beaches (Lc, Ld), Hamel (Ha), and Glencoe (Gc) as identified and classified by the Hennepin Soil and Water Conservation District and/or Circular 39 of the United States Department of the Interior, Fish and Wildlife Service. Subd. 4. Definition and Establishment of Protected Areas. The "Flood Plain and Wetlands Conservation Area", hereinafter referred to as the protected area, is defined and established to be the low areas and flood plain adjoining and including any watercourse or drainage way or body of water subject to periodic flooding or overflow. These areas are divided into the following three protected area districts: A. Flo''dway District (FW) - The Floodway District shall include those areas designated as floodway in the Flood Insurance Study, including without limitation the surface and shoreline of Lake Minnetonka below elevation 929.4 MSL, the surface and shoreline of other lakes, ponds and wetlands below the ordinary highwater elevation, and the designated floodway of all streams and flowage areas. B. Flood Fringe District (FFD) - The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study, including without limitation the shoreline of Lake Minnetonka between elevations 929.4 MSL and 931.5 MSL, the area between the floodway a.nd the edge of the 100-year flood on all other lakes, ponds and streams, all designated sheet ORONO CC 363 (4-1-34) i D. To: Pron: Date: Subject: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator Jeanne A, Mabusth, Building & Zoning Administrator October 13, 1992 #1766 Howard Eisinger, 3245 Wayzata Blvd. - Conditional Use Permit - Public Hearing Pertinent Ordinance - Section 10.03, Subds. 19 and 20 - Conditional use permit required for filling and grading activities in excess of 100 cubic yards. Applicant has filed for a second conditional use permit for the filling of 20,000 cubic yards to be placed over a 12 acre area. The City approved a conditional use permit for 10,000 cubic yards (Application #1722) on April 13, 1992. List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Site Plan E - DNR Letter of 3/31/92 P - MCWD Permit 7/15/92 G - Current Developer's Agreement H - Letter of Credit I Resolution No. 3108 J ~ Olson Letter 3/10/92 (Bonestroo) K - S. Gustafson Letter (Bonestroo) Status of Application #1722 The applicant has received approximately 10,000 cubic yards of fill under the current conditional use permit issued by the City in April of 1992. The City has a fully executed developer's agreement and letter of credit to insure that final grades and required plantings are completed as required by the City Engineer. Grading contractors hired through the Stubbs Bay sewer project have been delivering fill to the site and have for the most part followed the guidelines set forth for filling activities under Resolution No. 3108. In fact, Harlan Olson of the City Engineer's office has advised that the grading contractors have also been responsible for the grading on Mr. Eisinger's site. Erosion control has been maintained during the psriod of filling and will continue until final ground cover is restored. Applicant has not been required to seed any area as yet. Zoning Pile #1766 October 13, 1992 Page 2 Review of Current Application The applicant has filed for a second conditional use permit per the advise of the contractors who advised applicant that there will be additional fill available. In the early discussions with applicant, it was not clear as to how much fill was to be requested under the current conditional use permit. The staff person accepting the application advised that 20,000 cubic yard limit may provide the most flexibility. It is not clear if applicant is to receive additional fill from other improvement projects in the area. The Public Works Director has advised that there is at the most an additional 3,000 cubic yards of fill available to Mr. Eisinger from the Stubbs Bay Project. Applicant should advise f he expects to receive additional fill from other suppliers. Shawn Gustafson of Bonestroo completed an inspection noting that the area receiving the fill measures approximately 300'x500' and that the placing of 20,000 cubic yards of fill will raise the elevations approximately 3-4'. In our discussions, we noted that it may be appropriate to ask Mr. Eisinger to review his current goals for the property. Issues for Consideration 1.Should there be a final cap placed on filling of this area with the current conditional use permit application? 2.Resolution No. 3108 was written for a two year period of time expiring in April of 1994. How long should the current conditional use permit be in effect? 3.Based on applicant's response to the question of available fill within the next year, how many cubic yards should the current CUP be limited to? 10,000 or 20,000? Please review Exhibit K. Gustafson recommends that side slopes be immediately graded to a 3-1 slope and seeded. All additional to be received shall be placed to the Interior and once again maintained at no greater than a 1% slope. Erosion control shall remain in place throughout the winter and spring months until final grading and seeding have been completed. 1 Ii Zoning File #1766 October 12, 1992 Page 3 Planning ConBission Re ndation Planning Commission recommendation of approval must address the following: fv- 1. 2. 3. 4. 5. Readopt all conditions of original conditional use permit as set forth in Resolution No. 3108, Exhibit I. What limits shall be set on the amount of fill to be approved in the current application? 10,000; 20,000, other? How long a period of time shall the current conditional use permit be in effect? Through April of 1994, for a two year period of time (October of 1994) or for one year (October of 1993)? Will Planning Commission recommend prohibiting the issuance of future conditional use permits allowing fill to be brought to the site? Applicant to provide updated developer's agreement and letter of credit to correspond to current conditional use permit. 1 -4 f:-f CITY OF ORONO ~ GENERAL LAND USE APPLICAT, PROPERTY LOCATION Ti t : Site Address .}? M/x vjg- AK a . M v. Property Identification Number (P.I.D.) j?a. -g><?<r>a Please attach legal description to application if not included on required survey. APPLICANT Name k n a. Phone (home) y>o.ocf Phone (work) Address a v-rg.City . OWNER (if different than applicant) Name Phone (home) Phone Address Citv Zip Date Prooertv Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. I PEES - CONDITIONAL USE PERMITS - tlVt OF ORONO FWmE OFFICE $ 50.00 For each variance request with CUP appliiSStlfttfflW)^- - - CFH i oo»w _ _ _ _ $125.00 Residential accessory Use ^^^mipJ^THmYoh^ __ _ _ _ $175.00 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 Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to tee schedule) Comprehensive Plan Amendment Appeals Other - see fee schedule PRESENT OSE OF PROPERTY Present Zoning District * • Present Use of Property Residential ether (specify) DESCRIPTION OP REQUEST Describe-request in detail: _ _ REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obta this list from Hennepin County Department of Finance A-603 Governme 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. 2. 3. 4. 5. 6. 7. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPT (11” 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 review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's s gnature Date OWNERS SIGNATURE The owner );%j'eby acknowledges 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. v.'J i-Vav'i-a Ais . * I ••• • * . 'i h*#V; v/ V» jCt**^* V * v;• • *' . ^ «a. • '- •• •• . . » .V* N '• ’'.*• * V . .•-.* -> O Or:!.7 -=*^ ti iir ••?.’ * • • • • • i -• • • • •*^•#1 • ■ ••-•■‘.f-.r ■■ • •■' ^ .■' '•?;'■•< • ** •*’ ♦!*• ’, •■■v-.r- -v ' •• •* ■ * ■*'.* * •**» ; • . t . 'i •. •• • ■::: 7'^-m . .. ■*. Iv —:,'.ll%l ’ -• • • '•;•.? .V;V %; *1 . ;• • ,;i • * I .•*.•;: • ^ -ri^- ':- • I _ . fv\ 7 '-f. [,•- W‘^ liJ/^ V i T'-/. .-f. 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V « ^ ■t.. '•.. S -. /r .'.*5 1 . m •H • ♦ '' ': • ■ '■ ■• •• * • ••■ . • ^ • •• ■ ■' ■• •. '.• . ■■ ••'• ■' V.' ■■• ;• ,• . * - • • * 111 V... • •. •• •• * • •...•«• » ----------■*■ * ■ * - ■ ------- ~ '■^rrr' I • * • ^ • * J^r-* -i-l •. \__S*.9Jt-j *13 \ '\ • • • »• .1*1 r •'•:v : '# 4 ‘i' 'V;‘n.A V •;!. w); ■■ 6’^-<"-r , ^ ' 'ST.." rS**<‘*-» y**/ .ji::;:/; /•fe 0//^-y^ \ •r*- A-S' '^V-•:>A”> ^ •' . j ii;-. y •/;l:'• // ;y ;•* y/ / • ;•■ •- ; • • • • • .V • •lyk _ • • ^ .,i 1 (•MSi /> •. 4 I.’V V V-i ■''X\ % wBBBKSSS^M K^'KnflmnW^> 'tid^'a'vis -’/ftei <' • # ► • h . 1 M STATE OF ’i?50[?€[is®Tr^ — -- - - - - - - -^G-ES~'v:.v STRO WATERS - 1200 WARNER ROAD, ST. PAUL, PHONE NO. 772 March 31, 1992 £ metro waters - 1200 WARNER ROAD, ST. PAUL, m(55%06..:^y'^^^ 72-7910 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 1S32. RE: HOWARD EISINGER, C.U.P., WETLAND #27-841W, CITY OF ORONO, HENNEPIN COUNTY (NE 1/A, S.32, T.118N, R.23W) Dear Ms. Mabusth: Based on discussion with Mr. Howard Eisinger, I understand interest has been renewed in a proposal originally discussed in 1987. In Judy Boudreau's March 13, 1987 letter (copy attached), we indicated the DNR would have no objection to this proposal if the fill is at least 26 feet from the wetland edge. In May of 1987 a concern with detrimental impacts to the wetland due to additional loads was raised (copy of your May 5, 1987 letter enclosed). It was our understanding the applicant would be required to do necessary analysis to address this potential concern. No DNR permit is required if the fill will be setback at least 26 feet from the wetland, as proposed. As long as the following points have been addressed we have no objection to this proposal: 1. The fill is at least 26 feet from the wetland edge. 2.The questions regarding impacts of the "additional load" on the wetland have been addressed. 3.The proposal is consistent with the city's current floodplain and shoreland management regulations, and 4.The proposal meets applicable provisions of the Wetland Conservation Act of 1991. Please contact me at 772-7910 should you require any additional input on this matter. Sincerely, Ceil Strauss Area Hydrologist cc:Howard Eisinger Ron Quanbeck, Minnehaha Creek WSD Tim Fell, USCOE AN EQUAL 0P*»0RTUNITY EMPLOYER •4 •wallMlMEHAHA CREEK \AiATERSHED DISTRICT P.O. Box 387, Wayiata. Minnesota 55391 Jmix Of MiMiCERS- Ja.no R. Spensiey Pro. • John E. Thonus • Bxhai6 R. mttRshen 0. • C.Woocfow Lov« • CU/kson Unoley • Thomas Maplo. Jf. a6 July 15. 1992p^^mit Application No. 92-48; Applicant: Howard Eisinger 3245 Wayzaia Blvd. f ntv^of ofono^ec 32BD, south of Hwy 12 and west of Stubbs Bay Road pS^pose:' Stomwater m'anagemeni plan for placement of approximately 10.000 cubic yards of fill on an abandoned landfill sue. Dear Mr. Eisinger: Receipt is acknowledged for the following which you have submitted as part of the above permit application: Plan revised July 10, 1992.1. This plan is in accordance with the action taken by the Board of Managers on May 21, 1992 in tufcnjncc to the above permiL This letter is your permit from the Minnehaha Creek Watershed DistricU Permit approval is based upon the following exhibits: 1. 2. 3. 4. 5. 6. 7. Permit Applicauon 92-48 received April 6,1992. Letter from the applicant to the District dated April o, lyyi. MCWD Permit File No. 74-9. MCWD Permit File No. 87-38. u a i i ooo Letter from the D^^R to the applicant dated March fl^uirChe'April 20. 1992 informing him of the Board 8. 9. 10. action April 16, 1992. ‘ no 1009 Letter from the applicant to the Distnet dated Apnl u”e^?rom 11. action on May 21, 1992. Plan revised July 10, 1992. JvnAnr-_________ . ^ I t Ii I I nfii rmra a~i i> ~ r . I Permit Application No. 92-48 Page Two July 15, 1992 b, M» 21. IS. r & city of Orono Document Form Revised 5/91 CITY OP ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER’S AGREEMENT FOR (Name of Development) Howard Bisinger (Name of Developer) THIS AGREEMENT, Made and entered into this — ^ 1992 , by and between the City of Orono, aJuly_ _ __ _ _ _ _ _ _ _t -L ^ ^ ^ 9 ^1 ^ municipal, corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and Howard Eising^tnereinarrer v,j.ujr ,, -- - - - - - - - - - - - - --——— - - -- ^ its heirs, successors and assigns, (hereinafter called Developer ). WITNESSETH WHEREAS, the Developer has made application to the City Council for approval of a conditional use permit (1722) to allow the filling of 10,000 cubic yards of fill on property. As of July 24, 1992 the proper y shall receive 8,000 cubic yards as property has already received , cubic yards. AND, WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for the installation of improvements hereinafter described o the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agree as follows:Initials of Developer _ _ _ _ _ Initials of City Clerk - - - - - Page 1 of 7 i • 1. Property Description; 32-118-23 14 0002 2. Improvements; In accord?’* - v- r-ith the policies and ordinances of the City# the following dev -i. ...jed public or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terras and conditions hereinafter contained: Per Resolution No. 3108 and MCWD Permit #92-48# both attached to this acreement. - * ■ r 3. Construction Plans; The following described detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the City prior to the start of construction. The Plans and specifications shall conform to all currrent City standards for all applicable work. 4. Construction of Improvements; C. Contractors ~ The Developer shall select, retain and supervise the Contractor (s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. D. Preconstruction Conference — Prior to the start of any construction, the Developer and the Developer's Contractor shall meet with the responsible City official to review construction plans and schedules. E. Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. F. Construction ~ The construction, installation and materials shall be x l accordance with the plans and specifications approved by the City. G. Insurance — The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. 5, Performance Deposit; For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay all claims for work done and materials and supplies furnished, the Developer has deposited with <^^0 City at the time of the execution of this agreement an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than six months after the completion date specified in Section 4 above, or no sooner than _____- - - --- - - - - whichever is later. Initials of Developer Initials of City Clerk Page 3 of 7 I 5 6. Fees and Expenses; The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals. 7. Resolutions of City; Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approving the Development. S. Binding Effect; The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of .them. This agreement to be executed by .the Developer, shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the subdivision and all recording fees, if any, shall be paid by the Developer. 9. Notices; Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified maxi .'return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notj ce to Developer City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Howard Eisinger 3245 Wayzata Blvd. Long Lake, MN 55356 10. Incorcoration by Reference; All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreeemnt shall be and hereby are made a part of this agreement .by reference as fully as if set out herein in full. Initials of Developer Initials of City Clerk Page 4 of 7 1 :r: ■■ . |v ./ 11, Disclaimer bv Citv; It is understood and agreed that the Cityr the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. 12. Hold Harmless and Indemnification; The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 13. Remedy for Default; Default by the Developer of any of the^ terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. A. The Developer hereby grants to the City, its agents and^ its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Initials of Developer Initials of City Clerk Page 5 of 7 ih iiiinMiWintf IN WITNESS WHEREOPr the City and Subdivider have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO ting Mayor STATE OF MINNESOTA . A/a ) SS. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledge<^r^j3e^re^ me this day of^ P'' day or _ _ _ _ _ _ _ _ _ _.r - - ^ */ pi -- - -\j city clerk of the City6>« € .. 77 __ _ _^ _«j j j VI.man 4- was p>vecuted on beRalimunicipal corporation City. . n DEVELOPER JAMIE LBOSMA MTAaYPueuc4iuicsom H£NNB>IN COUNTY My Coffliii. Expins 12-19^Notar ^ JXXt'- V ublic And: STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) 3in^day of , lSi9«P. before me a HpV Publlitithin Tali" county. ^ - - - - . ^ in and who executed thethe Dersonis] described in ana wno --w. ^ ^ acknowledged that he (they) executed the same as his (their) free ac an deed. NOTAW^PUBtK^- MWNESOTA HENNEPIN COUt^ My ooflwn*Mloo «ipk«/I L\£.<L NOTARY PUBLIC Page 6 of 7 1 1 f STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of _ _ _ _ _ _ _ _ _ _ _ _, 199_, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Reviewed for Administration: Date:By: (City Official) This document has been drafted by: City of Orono 1335 South Brown Road P.O. Box 66 Crystal Bay, Minnesota 55323 Page 7 of 7 I iiii ■ r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ____3108 ________ A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 & 20 PILE #1722 WHEREAS, Howard F. Eisinger (hereinafter "the applicant") is the owner of property at 3245 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: PID: 32-118-23 14 0002 Section 32, Township 118, Range 23, commencing at a point in the East line of Government Lot 1 distance 393.24 feet South along said line from the South line of State Highway No. 12 thence at right angles West from said East line 418 feet thence at right angles North 393.02 feet to South line of highway thence West along said highway line to West line of said Lot 1 thence South along said West line to Northerly line of Great Northern Railroad right-of-way thence Southeasterly along said right-of-way line to East line of Lot 1 thence North to beginning (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the filling of 10,000 cubic yards of clean fill over a former dump site of approximately 12 acres per Municipal Zoning Code Section 10.03, Subdivisions 19 and 20. All filling activities shall take place 35' from the adjacent wetlands at the 972 elevation. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. FINDINGS This application was reviewed as Zoning File #1722. The property is located in the RR—IB Single Family Rural Residential Zoning District. 3.On June 8, 1987, the Orono Council approved application #1103 granting a permit to the applicant to allow the filling of 100,000 cubic yards of clean fill per the conditions set forth in Resolution #2197. Page 1 of 6 Tij i r CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3108________ 4. 6. On October 24, 1988, the Orono Council approved appl5.cation #1310, a renewal conditional use permit that would allow filling based on conditions set forth in Resolution #2526. On March 16, 1992, the Orono Planning Commission reviewed the application as amended and recommended unanimous approval of the application based on the following findings: A) The current proposal will have no negative impact on the surrounding wetlands or intersecting drainageway. The adiacent property owners have been advised of the applicant's proposal and none have voiced obiection or submitted written opposition to the City. The application as modified by the Planning Commission will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vacinity. During the review of the two earlier conditional use permits, Braun Engineering, in a letter dated May 28, 1987, has opined as follows regarding the placement of approximately 100,000 cubic yards of fill over a former dump site. "...it is our opinion that the addition of 5' of fill over the area presents a very slight risk of embankment failure." E) The current application (#1722) shall involve the filling of 10,000 cubic yards of clean fill. The City Council finds that granting a conditional use permit to allow the filling of 10,000 cubic yards of clean fill as approved by the City Engineer, will not 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 it depreciate surrounding property values and that the Page 2 of 6 ! J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3108 proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7.The City Council heis considered this renewal application as amended including the findings and recomme.ndations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 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 10.03, Subdivisions 19 & 20 to permit the placing of 10,000 cubic yards of fill as approved by the City Engineer, subject to the following conditions: 1.Prior the hauling of fill to the site, the applicant or applicant's agent must submit a filling and grading plan for t:h6 City Engine©r*s review# Such plen shall adhere to the following guidlines: A) B) Side slopes 5:1 ratio; 1% slope to be maintained within inner fill area; Silt fence installed 30-35' from wetland at 972 elevation - no land alterations allowed within 26 of wetland; 2.Executed developer's agreement and appropriate security to ensure final grading and seeding if fill project is not completed. 3. ■'4 Fill shall not exeed allowed amount of 10,000 cubic yards. Side"slopes to be graded and seeded periodically during the course of the project. The Orono staff is to advise applicant or applicant's agent when seeding is to be conducted. — Page 3 of 6 A- i r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3108_ _ _ _ _ 4. 5. 6. 7. 8. The applicant shall be responsible for advising the City of the schedule of hauling activities so that staff can arrange for the necessary inspections. Prior to hauling any fill to the site, the applicant must arrange for a pre-construction meeting with the Orono staff to review all final submittals and tentative hauling schedule. The City will ask that a representative of its Police Department be present at the pre-construction meeting to advise of any special traffic/safety concerns during the hauling process. Kauliuy ?ctivities shall not be conducted during the following time periods: 6:30 a.m. to 8:30 a.m. 4:00 p.m. to 6:00 p.m. The applicant shall cease all hauling to the site upon evidence of shearing and/or other signs of instability created by filling over the former dump site. Applicant shall not proceed with hauling until the City Engineer has had adequate time to review the evidence and submit a written report to the Council for their review and action. If Council determines that it is in the public interest to cease all hauling to the site, this conditional use permit shall be terminated immediately and the applicant shall complete the final grading and seeding of the entire disturbed area. Applicant is responsible for up-dating all previous permits issued by the Department of Natural Resources, Minnesota Pollution Control Agency, Hennepin County Department of Environment and Engineering, and M.C.W.D. before the Orono staff can issue a land alteration permit. Authorities granted by this resolution run with the property not with the owner, but are permissive only and the filling of the site must commence within one year of the date of Council's approval (April 13, 1993). The land alteration permit shall be valid for a two year period. The land alteration permit shall be written-to specify the specific time restrictions on this permit. • Pace 4 of 6 a liiSM iifci CITY of ORONO 'ST ><'11 £Stt« RESOLUTION OF THE CITY COUNCIL NO. 310>; 9.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable misdemeanor. 10.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the property. 1992. Adopted by the Orono City Council on this 13th day of April allin, City Clerk Barbara A. Peterson, Mayor ^JPfoperty Owner(s) ^ STATE OP MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on ^is 13th day of April, 19 92, by Barbara A. Peterson & Dorothy M. Hallin, Mavor I City'^ Clerk of the City of corporation and said instrument was executed on behalf of the City >•- CAftOUE A HASCMANNOTMimauOiJMaorA HOM0IN COUNTY MV /A Notary Public Pag^ 5 of 6 i I ’ CITYof ORONO mdiiiUtXi RESOLUTION OF THE CITY COUNCIL NO.3108 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) me7oCX prsonfs) 4esckbea in and who executed "CTS foretroing instrument, and acknowledgea that he (they) execu ea I___ free act and deed. Ap r> f ■_199 a L V^.V NOTARY^PUBU<f - MWNESOTA HENNEPIN COUNTV ^ My coiTMiiititon S**2-«q F MTTJWP<^nT;?\ )------- } ss. COUNTY OF HENNEPIN ) On this 199J.n« 4>Vit* e /n^h day of i^nri I_______ f ^ ^— before me a Myary Public within and for'^Bkid countyTTerson^rTy knf“ ^to^ me X S,^ ltg3£;;(sne^^=rrhed in and who executea t^ foirgolnrinstrument.'^and aclcnowledged that he (they) executea the same as his (their) free act and deed. lei^inTr fit COUNTY Notary Public Page 6 of 6 i m i.gr JV n.«JBybrMlrAa _______ RESOLUTION #3108 STATE OF MINNESOTA COUKTr OF HENNEPIN CITY OF ORONO • ^ I ^hCi.tV of OroflOf Hcnncpii^ I Dorothy M. Hallln. '"Vify that I have compared the 'r:reRJlnR”crpro^‘Vre"xrtlo„^^ Council at said meeting witneaa NhereoF. I have p^t o act my hand_ 14th . day of ' Asrii -------------- allin. City Clerk (SEAL) vj ii -rj t\ 1, s I I limairi > ~i I r t i Bb i'.'illMIlUEHAHA CREEK UUATERSHED DISTRICT P.O. Box 387, Wayzata. Minnesota 55391 dOARO OF MANAGERS: James R. Spensley Pres. • John E. Thomas • Richard R. Millar Robert 0. Erickson • C. Woodrow Lo« • Clarkson Lindley • Thomas Maple. Jr. i July 15, 1992Permit Application No. 92-48; Applicant: Howard Eisinger 3245 Wayzata Blvd. Long Lake. MN 55356 ro t.u o r. i Location: City of Orono, Sec. 32BD, south of Hwy 12 and west of Stubbs Bay Road Purpose: Stormwater management plan for placement of approximately 10,000 cubic yards of fill on an abandoned landfill site. Dear Mr. Eisingen Receipt is acknowledged for the following which you have submitted as part of the above permit application: 1. Plan revised July 10, 1992. This plan is in accordance with the action taken by the Board of Managers on May 21, 1992 in reference to the above permiL This letter is your permit from the Minnehaha Creek Watershed District. Permit approval is based upon the following exhibits: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Permit Application 92-48 received April 6,1992. Letter from the applicant to the District dated April 6,1992. MCWD Permit File No. 74-9. MCWD Permit File No. 87-38. Letter from the DNR to the applicant dated March 31,1992. Site improvement plan dated March 31, 1987. . ,. « j Letter from the District to the applicant dated April 20, 1992 informing him of the Board action April 16, 1992. Letter from the applicant to the District dated April 29,1992. Revised site plan a cross section received April 29,1992. Letter from the District to the applicant dated May 27, 1992 informing him of the Board action on May 21, 1992. Plan revised July 10,. 1992. 1 i fC . • ... 0 ........ p 1 Permit Application No. 92-48 Page Two July 15. 1992 cuni|i c« uj Qf our representauves, contractors ana PlSs^ contact the Districfa? 473-4224 when the proj^t is about to commence so an inspector may view the work in progress. INC. Engineers for the District Ronald S. Quanbeck P.E. Date of Issue fr cc:Board file City of Orono k--i r I I ■H- k STATE BANK OF LONG LAKE 1964 V/. WAY2ATA BLVD. • P.O. BOX 636 LONG LAKE. MINNESOTA 55356^636 • 612/473-7347 Date: July 22, 1992 To: City of Orono p, 0. Box 66 Crystal Bay, MN 55323 we open irrevpeeV.le stendby Letter of credit Wo. 072292 In the f 0. dollers 5,000, in fevor of youreelves, for the account of Howard Eisinger. state Ba„h of Lono Lahe ^:Cird Eleinaefe project, bearing the Letter of Credit No. 072292 at the State Bank of Long Lake. Acconpa^ed^^by:Clary,^ signed etate.ent stating: "Howard ^singer has failed to make certain payments required to be made for improvements or to complete the improvements to the satis faction of the city, pursuant to the City Per^t. concerning Howard Eisinger's project, between the City of Orono and Howard Eisinger. 2. This original Letter of Credit for endorsement. Special^Conditio^^ of Credit is automatically renewable without amendment for an additional six-month period expiry date or any future expiry date, unless sixty 60) days pr?or to said expiry date, we shall notify you in b/ registered mail, that we have elected not to renew this better of Ledit, but in no event shall the expiry date extend beyond Payment’^^ll^be made at the counter of the State Bank of Long Lake, Thi* «a^t^a subject to the uniform customs and practice for »S^»r«h.xwis, s«t.d, aU dpcun.n.s ar. to b, forwardad tta hv mail or hand delivered to our counters. c:c“.nL“o be directed to: State Banh of Loog Lake, 1964 West Wayrata honorad upon presGntation, State Bank of Long Laj^» Long Lake, iMinnesota I V> \ \ I V V OA " • t - - - ^ I ........................... Marcia Plotnik, Assistant Vide President /A FULL' ;SERVICE; V DANK/I Confinuoys Banning 5»nci» 1905 nm I • 5905853 CITY of ORONO afS!^# RESOLUTION OF THE CITY COUNCIL NO. _ _20^8_ _ _ _ _ A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03r SUBDIVISIONS 19 & 20 PILE #1722 WHEREASr Howard F. Eisinger (hereinafter ”the applicant") is the owner of property at 3245 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: PID: 32-118-23 14 0002 . . u Section 32, Township 118, Range 23, commencing at a point in the East line of Government Lot 1 distance 393.24 feet South along said line from the South line of State Highway No. 12 thence at right angles West from said East line 418 feet thence at right angles North 393.02 feet to South line of highway thence West along said highway line to West line of said Lot 1 thence South along said West line to Northerly line of Great Northern Railroad right-of-way thence Southeasterly along said right-of-way line to East line of Lot 1 thence North to beginning (hereinafter "property"); and WHEREAS, the ap^ : 'cant has applied to the City of Orono for a conditional use permit to rv*rmit the filling of 10,000 cubic yards of clean fill over a former .'^—mp site of approximately 12 acres Municipal Zoning Code Sectio. Subdivisions 19 and 20. All filling activities shall take piece 35* from the adjacent wetlands at the 972 elevation. NOW, THEREFORE, 3B IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #1722 The property is located in the RR—IB Single Pam^-ly Rural Residential Zoning District. 3.On June 8, 1987, the Orono Council approved application #1103 granting a permit to the applicant to allow the filling of 100/000 cubic yards of claan fill th© TRANSFBR forth in Resolution #2197. TT.ofWOMimrTAXiPusiirREOOnes Pace 1 of 6 APR 29 t992 1 i • ------------. “ — —...... t, 4®^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3108________ 4. 5. 6. On October 24, 1988, the Orono Council approved application #1310, a renewal conditional use permit that would allow filling based on conditions set forth in Resolution #25.26. On March 16, 1992, the Orono Planning Commission reviewed the application as amended and recommended unanimous approval of the application based on the following findings: A) The current proposal will have no negative impact on the surrounding wetlands or intersecting drainageway. Thr adjacent property owners have been advised of the applicant's proposal and none have voiced objection or submitted written opposition to the City. The application as modified by the Planning Commission will not be detrimental to the public health, safet’’ or welfare or materially injurious to properties or improvements in the vacinity . During the review of the two earlier conditional permits, Braun Engineering, in a letter dated May 28, 1987, has opined as follows regarding the placement of approximately 100,000 cubic yards of fill over a former dump site. "...it is our opinion that the addition of 5' of fill over the area presents a very slight rrsk of embankment failure." E) The current application (#1722) shall involve the filling of 10,000 cubic yards of clean fill. petmit to Iho \ 11 P'Hf det^-imen^al^to^the^^hea^th, Safety or general welfare of the public, would not adversely affect light, air nor po fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the Page 2 of 6 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.3108 prooosed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7.The City Council has considered this renewal application as amended including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 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 10.03, Subdivisions 19 & 20 to permit the placing or 10,u00 cubic yards of fill as approved by the City Engineer, subiject to the following conditions: 1.Prior the hauling of fill to the site, the applicant or applicant's agent must submit a filling and grading plan for the City Engineer's review. Such plan shall adhere to the following guidlines: A} Side slopes 5:1 ratio; B) C) 1% slope to be maintained within inner fill area; Silt fence installed 30-35' from wetland at 972 elevation — no land alterations allowed withxn 26 or wetland; 2.Executed developer's agreement and appropriate security to en.-.ure final grading and seeding if fill project is not completed. 3.Fill shall not exeed allowed amount of 10,000 cubic^ Side slopes to be graded and seeded periodically during the course of the project. The Orono staff is to advise applicant or applicant's agent when seeding is to be conducted. Pag^ 3 of 6 CITYof ORONO m RESOLUTION OF THE CITY COUNCIL NO._3108 4. 5. 6. 7. 8. The applicant shall be responsible for advising the City of the schedule of hauling activities so that staff can arrange for the necessary inspections. Prior to hauling any fill to the site, the applicant must arrange for a pre-construction meeting with the Orono staff to review all final submittals and tentative hauling schedule. The City will ask that a representative of its Police Department be present at the pre-construction meeting to advise of any special traffic/safety concerns during the hauling process. Hauling activities shall not be conducted during the following time periods: 6:30 a.m. to 8:30 a.m. 4:00 p.m. to 6:00 p.m. The applicant shall cease all haulim to the site upon evidence of shearing and/or otv!**’' ^ of instability created by filling over the fornit;, p site. Applicant shall not proceed with hauling until the City Engineer^ has had adequate time to review the evidence and submit a written report to the Council for their review and action. If Council determines that it is in the public interest to cease all hauling to the site, this conditional use permit shall be terminated immediately and the applicant shall complete the final grading and seeding of the entire disturbed area. Applicant is responsible for up-dating all previous permits issued by the Department of Natural Resources, Minnesota Pollution Control Agency, Hennepin County Department of Environment and Engineering, and M.C.W.D. before the Orono staff can issue a land alteration permit. Authorities granted by this resolution run with the property not with the owner, but are permissive only and the filling of the site must commence within one year of the date of Council's approval (April 13, 1993). The land alteration permit shall be valid for a two year period. The land alteration permit shall be written to specify the specific time restrictions on this permit. Page 4 of 6 F CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________ 9. 10. Violation of or non-compliance with any of the terms and conditions 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. 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 propelty. Adopted by the Orono City Council on this 13th day of April, artv Owner(s)^ City Clerk ^operty Barbara A. Peterson, Mayor STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) CAWOtf A HASOWN HENNCFW COUNTY Notary Public Page 5 of 6 \ i if CITYofORONO RESOLUTION OF THE CITY COUNCIL 3108NO. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this _ _ _ _ / ^ ) ss. before'.e a Kp/a^y'PubTr/witMn appeared ■ fers^nfs) 4escribTd in and who executed uneknown to me to be the P®^so ( ) (they) executed d/^fj L 199 ^ - <-ey. execu.ea ) SS . COUNTY OF HENNEPIN ) On this /n~^h Ar>r: I 199 beforeVe a N9fary PubiT/tithin and tor"T2xa coun.^,, ^ersongfly appeared ------Ktjfh pj ^ C?i^onVlV*^described rn and who executed the same as his (their) free act and deed. Notary Public Eage 6 of 5 1> I i< ii‘ ■ III II iMn 1 i h->«. AAi.I c 1. . ... . > •■ , . WALiiM t 1/1 Bonestroo I^osene Anderlik& Associates Engineers & Architects ORO G PS Joseph C AhJcr-k^ PS Marvtn L Scrvaia. P£ R<hartJ E Twnef. PE. Gem ft. Coon. PS irxyrus E No>n. PS Pooen G Scnon<nL PS Sui^ M. Siehia C PA Ketth A Gordon. PS R^rj'cJ W Fojre'. PS Jerr/ A Bourdon. PS Mjrn A Hjnuxi. PS Djvd O loitotJ. •£ ftooea C Ruis^it. /»lA Howvaid A UnM PS Donald C. Burgardc. PS 7W K. Fie«. PE. M<hael T, Rautmann PE Rccerx R. Pcrttfie. PE Thomas W Peterson. PE. M<hael C Lynch. PE James R Maiaod PE Ferreth P Anderson PS Mjr« R R<>\ PS Thomai S Angul PE. Darnel J Sd«;erton. PS Mark A Seip PE. Ph*p J Caswe*. PE Ismael Martinez. PS Mark D PS. Thomas R Anderson. AIA Cary F RyUoOer. PS AAies a Jensen. PS L PryJkp Gravel «. PE Rene C Ptumafi AIA Agnes M R^sg AiCP Jerry O Pennch. PE. Cecio 0.‘ivier. PS. Cary W Mor»en. PS. Karen L Wiemea P£. Ke^fh R Yapa PE M<haei P. Rau PE Charles A SfKkson Leo M Paweisky Harlan M Oison March 10, 1992 City of Orono Box 66 Crystal Bay, MN 55323 .TV ? C ’•v » -V Attn: Jeanne Mabusth MAR 1 1 1932 Re:Howard Eisinger Conditional Use Permit Application #17.22 Our File No. 139-1722 Dear Jeanne, We have reviewed the renewal conditional use permit for Mr. Eisinger. It is our understanding the permit is for 10,000 cubic yards of fill material. We recommend it be placed in the low areas to level the site area. The additional material up to the 10,000 cu.yds. being placed should be uniformly installed over the entire HU area. Seed restoration of the site should be completed immediately to help prevent erosion. If we may be of any further assistance, please contact me. Yours very truly, BONESTROO^ ROSENE, ANDERLIK & ASSOCIATES, INC. / /■ ///f’f . xh L Harlan M. Olson HMO:li 139.cor 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 ^4 1/1 Bonestroo S=£ Rosene AnderllkA |\|| Associates Engln«eri A Architects Ono G. iorwiMu P.C. ADtertW.IIOMAt.Fe* Joitpn C ArtOfUre. Fi. Mj.«vtn L kyveu. F.fi AKhjftf f. lUmfr. PJ. Qienn A. Cooe. FI Thomii I N€)f«A FJ. Aote<t C SchuAichL FE. sutan M eMfnn cm •Ignor Commune Huvvtfg A. knM. F£. A. dOUOn. PC. Amn A FfitPtrtt. PC AienMd w foaer. Fi. OtVia O LOMOU* FI lotert C. AutM^ AiA teny A Aomskn. PC. Mart A HjAson. Ft. MICPJCJ T. AAUtfTWVl FJ. tte A liffa. FC. ThCFUl A Aryjenon. AIA OoruM C Auigtfflt FE. Theynas I Angui Ft hmatI Msftrei, FI. MicMi F Aau. Fi. AgreiM. Ai^ AlCF Thofhai w. ^iw. FI M<hac» C lamn. PC Jamei A. Mfiand. FI Jeriy O. PMiCh, FI Kenneth F Anderjon. FI Mark A. AoFi PI Mam A SIA FC oaiy w. uorta fi. Demti J. eoirtoa FI Gary K. KJrfchenman. FJ. Fhlip J CidvMl. fe Mark Q \UAL FI MtUi t J9nmr\ FC. L. FhdUp OUtet M. FC. Kiftn L Wtfffien. Ff. 0i7 a KrTstona. FI. F. ItMd ^sur. Pi. Kf jh A VteAk FI. ShtAffi a OuMifteA. FI. CKfto owier. FI. Chart! A. Cftckion ue M. FMtetiky Ha/un M. arson Jamt 1 P IngeihaitA October 14,1992 Ms. Jeanne A. Mabusth Building St Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Howard Eisinger Conditional Use Permit Our File No. 139-1766 Dear Jeanne: We have reviewed the applicants request to place 20,000 cubic yards of fill on his property located south of Trunk Highway 12 and west of Old Crystal Bay Road. The site has been filled previously and can reasonably accommodate the additional fill material. We recommend that the applicant identify the borrow location of the proposed fill and the schedule of the filling operations. The fill area edges along the marsh and adjacent upland area should be dressed up, finish graded and seeded within the next month. The additional fill material should be placed in the center of this fill area to allow re-vegeution of the edges. Silt fencing should be maintained along these edges until the entire site has been re-vegetat«d. We recommend a Mn/DOT mixture number 700 seed be used for seeding the disturbed areas. Any future requests for fill on the applicant's property should be closefy scrutinized. The area may not accommodate much more fill before it begins to stand out from the existing topography. Please contact me at this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC, Shawn D. Gustafson, P.E. SDGrdh 2311 \teft Hlghwuy 36 • SC. Paul. Minnesota SSI 13 • 6f2'436m6^ : . r u Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date: Subject: October 12, 1992 #1767 George and Theresa Bloom, 1374 Rest Point Road Variances - Public Hearing Soiling District: LR-IB, Total area = 28,850 s.f. Pertinent Ordinances: Section 10.03, Subd. 14 (C) - Lot coverage Allowed =» 4,327.5 s.f. or 15% Existing = 3,444.5 s.f. or 11.9% Proposed » 4,016.5 s.f. or 13.9% No variance required. Section 10.22, Subd. 2 - Hardcover review 0-75 setback area “ 10,050 s.f. Existing = 1,094 or 10.88% Adjusted Existing » 1,190 s.f. or 11.8% (96 s.f. of water area of pool has been added to hardcover; landscape area adjacent to pool cannot be inspected for plastic underliner because of locked fence) Proposed hardcover = 1,069 s.f. or 10.6% (removal of 121 s.f. of existing hardcover) b.75-250' setback area = 18,800 s.f. Allowed = 4,700 s.f. or 25% Existing = 5,247 s.f. or 27.9% Adjusted Existing « 5,958.5 s.f. or 31.6% (711.5 s.f. of water area of pool has been included; hardcover facts do not include a".v areas underlain with plastic) Section 10.24, Subd. 5 (B) - Street setback Required = 35' Existing = 13' Proposed = 33' (at northwest corner - majority of structure will meet 35' setback) Variance = 2' or 5.7% List of Exhibits - A - Application B - Property Owners List C - Plat Map D - Neighbor's Acknowledgment El- Hardcover Facts E2- Hardcover Addendum P - Survey G - Floor Plan/Street Elevation Zoning File #1767 October 12, 1992 Page 2 Description of Request In 1989 the applicants had applied for variances to allow the installation of a garage that was linked to principal structure by skyway. The application involved variances to hardcover within the 75-250* setback area and side and street setbacks for a portion of the garage structure. The Planning Commission conditioned approval on no net increase in hardcover requiring the removal of existing hardcover improvements . The current application now proposes the installation of a detached 22'x26* garage requiring hardcover and street setback variances. The garage will require a 2* street setback variance. Hardcover on the property has not changed since 1989 review. But since 1989 the City's hardcover policies have changed. Hardcover now includes the water area of a pool and landscape areas underlain with plastic. Upon a site inspection, landscape areas adjacent to gazebo were underlain with plastic and from visual inspection through the fenced pool area it appeared that landscape areas within pool area are also underlain with plastic. Staff approximates the total water area of the pool at about 807.5 s.f. Hardcover facts have been adjusted to include the water area of the pools but have not been adjusted to include the landscape areas because of the inability to confirm. Staff would recommend that the applicant provide adjusted hardcover information that would reconfirm the water area of the pool and the landscape areas underlain with plastic. A major concern for this property has always been the impact of new construction or additional hardcover upon the sensitive drainage area. There is an existing drainageway to the east along the east boundary of the subject property that carries the majority of the runoff of the local watershed to the lake. The installation of the garage in its proximity to the steeper elevations and the drainage way require mcvce detailed information as to proposed elevations. How does applicant propose to direct drainage from new garage? Pilling will be necessary to raise the floor level of garage. Applicants' addendum notes the installation of a retaining wall along the edges of the proposed garage. The application lacks any information as to height of the retaining walls adjacent to the garage structure. Applicant provided street elevations but no lake or side elevations. This information is most important to adjacent neighbors who are concerned about the impact of the drainage. Staff has attempted to contact the applicant to see if this kind of information can be provided for Planning Commission's review. Mr. Bloom has advised staff that he will provide both elevations of structure and retaining wall and a grading/drainage plan - hopefully»to be enclosed in your packets. Bloom has confirmed landscape areas are underlain with plastic whic he has agreed to remove - hardcover facts would remain as noted above. Zoning Pile #1767 October 12, 1992 Page 3 Hardship Stateaent The hardships remain the same as with the first review. 1.The current residence does not have a garage nor a basement area to provide additional storage area. 2.Propose street setback for the detached garage will prevent the cutting into of the existing root system of a group of trees well over 100 years old located in the east yard area. 3. Steeper topography to lakeside requires placement closer to street. Staff Recoasiendation If applicants are not able to provide additional information by our meeting, staff must recommend tabling so that applicants have time to provide the following information: 1.Elevations of lake and street side of garage. This should include location and height of retaining wall. 2.Detailed grading and drainage plans to determine how drainage is to be directed from structure and to determine if there will be any impact on drainage to east. MW s if / a L. ) > CITY OP ORONO - VARIANCE APPLICATION u '1 /h Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) #1 r 3O' rA1:4 PROPERTY INFORMATION Site Address / ~^ 7 ^ ^fZo!fZf>A a cm OF uFOHu fimCE OFFICE 1350200000 .01 CEH 175,00 C^CK TL 175.00 RECEIPT-rmK YOU U252240 cool kOl T06:4 . • 09/15/9. Property Identif. Number (P.I.D.) 07~~// 7~* ^3 *" 33 I Attach legal description to application if not included on required survey. Date Property Acquired^_ _ ___ _ _ _ _ _ _ _ _(month/year) I t^T(do not) also own the adjacent parcels of land. Present use of property: residential other(specify)_ _ _ _ _ _ _ _ Zoning District: JL J _ _ _ _ _ APPLICANT Phone (home) ^7 ^ ~~ 3P3/^ Name QeAac. b J-r.4 a A) 1.00 /n Phone (work)_12J/r5Z^fi____ Address: /j?Qpa’T Qt..JT f2d City: fyo^oA/a _ Zip: S‘S’34.j/L OWNER (if different than applicant) N£une ___________ Phone (home) Phone (worJc) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ & I OO,^ Describe request in detail: X Ufa.ti an ■t'u>o oul¥ •F , VARIANCES REQUIRED Lot Area Lot Width Setback: ^ Front _ _ Side s/' Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSBIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:- - -— ^ ^ ^ ^ Li/ C.gyHx»* U?g4tllk— tjig ^ ^'7'-------- k (attach additional sheets if necessary) REQUIRED SUBMITTALS , ^ i ^ 4.JAll of the following information must be submitted by—Uie—application deadline date in order for your application to be considered ccmplete^ 1. 2; 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). 3, 'Plat ;Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include 5. “hardcover calculations as required (provide one (1) copy aJj^xll" for reproduction). . » .- v Topographic survey (existing and proposed elevations) if any changes ""in existing grade are proposed (provide one copy 8%"xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8Jj"xll ). 7. As an addendum to this applicationr 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 vour variance application is not complete——the— <nfor»Jition has pot been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date 9/9)9^ OWNERS SIGNATURE ^ * 4.w The owner hereby ackowledges and agrees to this application and furtner authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request Owner's Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Applicant must have all submittals into 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 Comission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in youi place and to advise the Building & Zoning Office of this change prior to the meeting. ( "Si . RUN DATE 09/09/92 BATCH 001 i '• .*■ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWERS LIST PROP ADOR OI«KR NAME TAXPAYER NAME/ADOR i SB 07*117-25 52 0059 015B5 REST POINT RD R H SI6AF00S ETAI. RALPH A CORA SIGAFOOS 1565 REST POINT LANE MOUND m 55569 ■' ::r u< PROP AO»R OFtJER NAME TAXPAYER NAME/AODR 50 07-117-25 52 0059 01550 REST POINT RO ' ‘ LAS 6RABILL . URRY A SHARON GRABILL ‘ 1550 REST POINT RD MOUND MN 55569 V! I. PROP AODR OFMER NAME TAXPAYER NAME/AODR 38 07-117-25 52 0062 01560 REST POINT RO RAM »€TT RICHARD A MARJORIE A HETT 1559 REST POINT CIR MOUND MN 55569 j . -h u • 1 . PROP ADOR OIBIER NAME TAXPAYER NAME/AODR 38 07-117-25 55 0009 01595 REST POINT RD ROBERT 6 BREOESON ROBERT 6 BREOESON 15 E ST ALBANS RO HOPKINS m 55595 :' t ti • i : • \ ■f • t PROP ADDR OHNER NAME TAXPAYER NANE/ADDR . ^ S I TOTAL BATCH 001 00012 Ji t-;•{ » ,*• i #w ; • V «e ■ ■ I •m ‘ \ t i - I' 58 07-117-25 52 0057 01575 REST POINT RO M B A L K 6ERLICHER MICHAEL B A LVrME 6ERL1CHER 1575 REST POINT RO MOUND MN 55569 58 07-117-25 52 0060 01566 REST POINT RD LANRENCE E A HELEN LANGHANS LAWRENCE E A HELEN LANGHANS 1566 REST POINT RD MOUND MN 55569 36 07-117-23 35 0006 01586 REST POINT RO TERRY C SMITH ETAL TERRY C SMITH 1586 REST POINT RO MOUND MN 55569 38 07-117-23 35 0011 01585 REST POINT RD SUZANNE R AUSTIN SUZAftlE AUSTIN 229 OAKHOOD RO HOPKINS rt4 55595 J 1! 4 I t < REPORT NO. PI95590I PAGE 1 38 07-117-23 32 0058 01373 REST POINT RO K E ANDERSON A A K KRAMER KIRK ANDERSON 1375 REST POINT RO MOUND MN 55369 38 07-117-25 32 0061 01371 REST POINT RO ROBERT THARP ET AL KENT4ETH H A RENEE 6 EG6ERT 1371 REST POINT RO MOUND M4 55569 58 ■ 07-117-23 53 0007 01580 REST POINT RO N A V KRAKE JR HALTER F A VAUGHN 0 KRAKE 1380 REST POINT RO MOUND m 55569 38 07-117-25 55 0012 01579 REST POINT RO G R BLOOM A T A BLOOM GEORGE R A THERESA A BLOOM 1379 REST POINT RO MOUND rtl 55369 f < A i 1> CO \ i » » i < 4 RUN DATE 09/0V92 BATCH 001 • 4 I ;t: • ' I }-• .i - ♦ *«\ r* HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST t »’ i' • ^ n- •■i i . > ‘ I '■ . ^ *4. 4 i) • .1 1;.. jr' : . t •“» Z. \* '>• f“ >— A • ' ' \ • J * » V I ; % 5 t! •. » 41 J I. •. ’<4• . .^r S‘i 1i^: :-:i :I v • ■ • ••J'--Jam •• r :i; 1 .’J-• • » f ' ‘ V'.. 4 ’fi'N. ’. : H t •r-- I .1 . < 4 ( I , < ’ . V''- ' V «• ’•* « • • • i • ' • 1;:: r f -4 ’ '• \.*v REPORT NO. P1A35A01 PAGE 2 . ♦ I i' It !« I !»l* f i *3 ' ♦. • ♦ r • « • 4 I* »4 41 A :i. X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KftDHLEDUE AND BELIEF » • * I / ■WVi m ♦ ■ i- i , , r ' ' ‘I 4 '‘J' » r tc Adjacent Property Owners’ Acknowledgement Form D 1 (we)cr> Ji c r<f^ ^ ^ IT f__ [print name(s)] ^ 4-ho nlans for the proposed improvement or proposed use of the propemTocat "d at 7 V ^_ _ -1- -'-red to as Land Use Application No ^ ^ A ♦-Kat- in executing this acknowledgement, I (we) am I (we) or disapproval of the property or use (are) not asked . council that I (we) am (are) aware of "thrCroverenT^^^Tsproposed nei,hhor-s project or use requires Council approval^* Property^ ■3?)-9a wner Date ^^operWowner I (we) LVJ£^. print name(s)l q m. (print address' Application NOr J a.1, ^ in executing this acknowledgement, I (we) am I (we) understand that in disaooroval of the property or use (are) not asked to council that I (we) am (are) aware of but merely to '— 'Jhat tL proposed neighbor's project or usethe improvement plans and that tne pi v requires Council approval. ^ “ 1/ /, y ii C I M ■ VIVJ j V. VN.’^s* • •* // i f*b Date Property Owner Property Owner Date If you have any '‘’submit ym^Lmmlnlls b the Building s Tonlnl^otfi!: arieasl“irdals prior to the scheduled meeting date. f >► • p-.' L HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE one) (Q-7^ 75-250" 250-500' 500-1000' Existing Hardcover in Zone Total Hardcover in Zone lo 9^ s.F. T otal Property Area in Zone /O.o^o ■_ s.F. A B I0^¥ 4 /£>• f? A.House X s S.F. LENGTH WIDTH •• X _ S.F. • X • • S.F.• * •X • S.F. X S.F. B. Ct Haragf X S.F. Dr IVPWAY • X S.F. X • • • S.F. 0.. • SrnPWALK X S.F. X ^^7 S.F. X = ^ !0 s.F. E.’atio/Deck X S.F. P.Lanhscapf X • •_ S.F. areas UNDERLAIN RY X S.F. PLASTIC SHEETING •' X • • • S.F. 12 '*uncL B pK X 9 » 4^7 ^ s.F. G. Other lVa.lk X = s.F. ■aaj. a «r.; n ; 1 'N. .*2 * J tr B /0.0^0 X 100 = . Id A f Ajitootti ‘eftd^i* .r II ■■CM! A T irnirin-in fM 4 HARDCOVER CALCULATION WORKSHEET SET3ACK ZONE: (CIRCLE ONE) 0-75' (75-250 I 250-500' 500-1000' Existing H ardcover in Zone A» H ouse 3^*^} LENGTH X ^• SOJ S,F, 33.3 WIDTH lQ/9" s.F. 3^ ^m.S.F, 7¥S.F. _ S.F. B. Garage s.F. c. Driveway //7/^s.F. S.F. D.. SiDEWAL.X ' !o s.F. S.F. E.’at 10/ X X S.F. S.Ft• F. Landscape X / 50 a S'^s.F. AREAS UNDERLAIN BY - X _- S'9 S.F. PLASTIC SHEETING X • • S.F. • X m / G 6)S.F.• G. Other S’ . 3 X1 f. ^ . S.F. V .1-X Cf‘C» ;c _ • <y — . IJS!' _ • lOTAL HARDCOVER IN ZONE -^ jA>t/ y S.F. Total Property A rea in Zone - s.F. [T -^U] X 100 = _£22i—% S r £- t ri Varianc© Raquast - Georg© R. & Theresa A. Bloom - 1374 Rest Point Rd. i'-1 •• * • t Re: Hardcover • f t — A In regard to the additional hardcover that would result from the construction of the proposed detached garage w© would remove sufficient existing hardcover so as to not increase the existing percentage of hardcover. Additional Hardcover to be added in 75 * - 250* Zone 1. Detached Garage 26 ’x22’572 s.f. 2. Retaining Wail 6 ”x79 linear ft.39.5 s.f. Total 611.5 s.f. Existing Hardcover to be Removed 1^'-16-150 1 Blacktop Drive 9 ’x36’324 s.f. 2. Bench Boxes 47 s.f. 6-1^ 3. Steps to lake (reduced in width)74 s.f. 4. Sid© steps to pool & part of walk 180 s.f. — Total 625 s.f. / 4 ' . ■ I > ' 1 t ^ J # • • • - > t . t ! I » I• * • • * r I t • 1 I» October 13, 1992 IWao'^' Jeanne Masbusth, Building Administrator City of Orono 1335 So. Brown Rd. Crystal Bay, MN 55323 OCT.1 ^ 59S^ -* • Re: Building Variance - 1374 Rest Point Road George & Teri Bloom Dear Jeanne: In response to your questions regarding the above we note the following: m- 1. Hardcover Removal a. All the landscaping cloth &/or plastic under the landscaping rock will be removed. b. In regard to the concrete steps to the lake it is our intention to remove those steps and replace them with narrower open wooden steps. (See highlighted area - net reduction in hardcover - 74 sq. ft.) c. The bench boxes would be moved to the swimming poo! deck. (See highlighted area - reduction of 47 sq. ft. hardcover) d. The side steps to the pool and the concrete apron io those step would be removed. (See highlighted area - reduction of 180 sq. ft. hardcover). e. Blacktop removal 9’x36 ’. (See highlighted area - reduction of 324 sq. ft. of hardcover.) 2. Wall - The proposed retaining wall around the garage is the level an area for the .slab floor. It will be timbered and have the following approximate heights: NW Corner - (front corner of garago closest to street and home) will be 0 grade). The timbered wall at this point will be 1 4 i 6" above grade. The slab floor will be poured above that so the front of the garage will be 1’. NE Corner - (front corner of garage closest to the street and toward Langhans) the wall will be 1.5’ above grade. SW Corner - (rear corner of garage closest to Bloom home) will be 2'.. SE Corner - (rear corner of garage closest to Langhans property) the wall will be 4’. 3. Drainage - a. It is our intention to put gutters on the garage and direct the water to the SW of the garage. b. The drainage from the parking area will be directed along the same path as the present drainage flows. It is to the East and down the valley area between our home and the Langhan’s property. This valley is a significant depression from either home and is the natural drainage path. c. Arrows indicate drainage flow. 4. Floor Plan - Enclosed is the drawing showing the garage floor plan (26" X 22”) and the timbered wall 1’ out from the sides of the garage. This is to be a single story detached garage with poured slab floor. If I can provide any additional information please give me a call at 374-9100. Very truly yours, n jorae^R. Bloom . ...............................................-M, .Tl—.T.iiiiii II li^^rtiiiiiiiii A: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator 7. From: Date: Jeanne A. Mabusth, Building & Zoning Administrator October 14, 1992 Subject: #1768 Dr. William and Rhonda Omlie, 1860 Shadywood Road - Variarces - Public Hearing Pertinent Ordinances 1. Section 10.22, Subd. 2. Review of hardcover. 2. 0-75* setback area Allowed = 0 s.f. Existing = 0 s.f. Proposed = 0 s.f. - 10,200 s.f. 75-250' setback area = 23,800 s.f. Approved with Building Permit lQ/l/92 House « 2,930 i::.£. Garage = 815 s.f. Driveway * 1,755 s.f. Sidewalk = 150 s.f. Deck Patio <■ 300 s.f. Concrete steps = 39 s.f. Total « 5,989 s.f. or 25.1% Proposed with Plan B Improvements 2,930 s.f. 951 s.f.* 2,590 s.f. 226 s f. ** 231.9 s.f. 247.2 s.f. (total patio area 547.2 s.f.) 12 s.f.*** 7,188 s.f. or 30.2% Hardcover increase = 1,199 s.f. or 5% * also includes 2* north side addition to existing garage ** based on 3' wide walk not 4' as shown on plan *** with 226 s.f. deck 250-500' setback area « 5,300 s.f. Existing = 1,665 s.f. or 31.4% Proposed » 1,803 s.f. or 34% Hardcover increase = 138 s.f. or 2.6% Section 10.25, Subd. 6 (B). for garage addition. Side setback variance required Required Existing Proposed Variance 10' 9' + 6'?" = 3'6" or 35% Zoning File #1768 October 14, 1992 Page 2 List of Exhibits A - Application B - Applicants Addendum C - Plat Map D - Property Owners List E - Building Permit 10/1/92 P - Omlie Letter 9/23/92 Submitted with Building Permit Application G-1-2 - Neighbors' Acknowledgement Forms H-1-3 - Site Plan, Hardcover Fact Sheets Approved with Building Permit I - Plan B Site Plan Improvements J-1-2 - Hardcover Pact Sheets K - Elevations Description of Request On October 1, 1992 the City issued a building permit for improvements to existing residence consisting of a partial second story addition, two-story addition to the south side of the residence structure and an addition to the two-stall garaqe. Review Exhibits H-1-3 and K. The letter submitted by applicants prior to the issuance of the building permit explains the need to proceed quickly with the structural improvements. The building permit was issued with all improvements meeting the required setbacks and hardcover maintained at 25% within the 75-250' setback area. The Building staff explained to the applicants that it may be very difficult to prove hardships after all pertinent ordinances were satisfied with the issuance of the building permit. Please review Exhibit B, applicants addendum, submitted with the variance application. It was the intent of the applicants to submit two plans for consideration. Plan A consisted of two curb cuts at County Road and a loop drive layout requiring excessive amounts of fill and the removal of several mature trees on the property. Plan B, Exhibit I, involves the expansion of the existing drive adjacent to the residence providing a turn around also involving excessive filling. In addition, there is an expansion in width of the access drive within the 250-500' setback area. The application involves the installation of decks and patio areas along the lakeshore side of the residence. All of these improvements require hardcover variances. Applicants also seek a 3-1/2' variance to the required side setback for the expansion of the two-stall garage and the third stall addition. Review Exhibits I and J. The improvements result in an increase of 5% in the 75-250' setback area and a 2.6% increase o£ hardcover within the 250-500* setback area. There is no proposed encroachment of the 0-75' setback area nor will the land r Zoning File #1768 October 14, 1992 Page 3 alterations proposed encroach the lakeshore protected area. Note hardcover facts have only dealt with the comparison of improvements at the time of issuance of recent building permit and Plan B improvements. The driveway expansion proposed with Plan B proposes major filling and grading activities resulting in the installation of two tiers of retaining walls. Note also retaining walls and filling are proposed in the lakeshore yard. Any mature trees to be removed as a result of building permit or Plan B Improvements have already been replanted on property. There is a 50-75* wide grassed drainage corridor that runs along the south side of the property. The area receives the majority of runoff from the local watershed. The major filling required for Plan B improvements will call for a separate conditional use permit review as filling activities cannot be connected to the building permit as protection of frost footings or providing positive drainage from foundation. Please note retaining wall hardcover was not included in the hardcover facts. The City Engineer will be asked to review the filling and grading plan submitted with the conditional use permit to ensure there is no impact on the historic drainageway that serves the area. Prior to applicant submitting a formal CUP applicationr it is necessary for the Planning Commission to determine if variances are to be granted. Issues for Consideration Applicant proposes a 5% increase in hardcover improvements within the 75-250* setback area. What improvements are acceptable and if variances are to be granted, what percentage is acceptable? 136 s.f. of garage expansion = .6% 835 s.f. increase in paving improvements = 3.5% 231.9 s.f. of deck to replace former deck at 168 s.f. = .97% 247.2 s.f. of additional patio area = 1.04% Description of Hardship Refer to applicants* addendum. Exhibit B, specifically the paragraphs dealing with the hardship statement and findings for Plan B Improvements. Zoning File #1768 October 14, 1992 Page 4 Options of Action Approval of an amended application limiting hardcover improvements within the 75-250' setback area to the following improvements ......... If expanded drive improvements are accepted, table variance application until a conditional use permit is filed. Denial of variance application as proposed. Isv ff CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($i0.00 per each additional variance Renewal Variance Fee $100.00 (no change from original application} Variance for non conforming use $200.00 After-the-Pact Fees (Double application fee) #1 ■‘T Otoo PROPERTY INFORMATION Site Address RMATION ^ ^ /^/oO CITY OF DRQHO FWARCE OFFICE 1350200000 01 OEH ITS.Oi CmCK TL 175.0. RECEIFT-THY^K YOU U252400 COOl ROl T02. 09/17. Property Identif. Number (P.I.D.) .Attach-le.gal description to application if not included on required survey ^ Date PpopgjltY Acquired (month/year) I (do)^oqo^ also own the adjacent parcels of land. Present useof prope^y: y^. residential _ _other (specify) Zoning^Distri^: _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Phone (home) **^7 / J Iji LUaM /?, Aa^ /GLuJaT*GJV/j e. Phone (worlc)":^.'?^ : SrliAdyLxcd City; ______ Z±TH^S"39f Nair.' Address OWNER (if different than applicant) Name Phone (home) Phone (work) Address;City:Zip; DESCRIPTION OF REQUEST Estimated Construction Cost $.^ ^(3. Of)C) Describe request in detail; Q^'irn»A/ lAlU VARIANCES REQUIRED _ _ Lot Area Setback: __ Lot Width Front Side Lot CoverageHardcover _ _ _ Rear Average Lakeshore Other (specify) HARDSBIP/DBSCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusiial property conditions preventing compliance with Zoning^Code requirements AA __ _ _ _ _ _ . _ _, _ _ _ _qui_ _ a) yp> A> SjiTSA,'/M-2^Coo A*trVr/ Jhr^ A as, /r> i6r? A- • 7 ' . 7 f • i’ '. ■ ’ . ’ •• y * ‘ '(attach additional sheets if^Ja^ces^ry) REQUIRED SUBMITTALS , ^ ^ All of the following infomation must be submitt ed by — deadline date in order for yoor application to be considered_co^let<» 1. 2. 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). 3. _Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) hardcover calculations as required (provide one (1) copy S^^xll" for 5. reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). 6. SJcetches or plans of floor 6 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 vour variance application is not complete if the—»bo^ 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 aOTlicatioiu^ and certifies that the information supplied is true and of his/her knowledge. Applicant's Signature Date OHHBRS SIGNATURE ^ ^ 4.v The owner hereby ackowledges and agrees to this application and turtner authorises reasonable entry onto the property by City staff, consultants, agents. Commission member, and C^cil members for purposes of investiga tion and veriflcatipn;-^t^i^ re^^t.y^^ Owner's Signature _________(L. -4T /_______________ Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held ^ t^ third Monday of each month. Applicants must be present at all scbednl^ review meetings of the Planning Commission and Council. If «n applicant is unable to attend a scheduled meeting, please make arrangements to hyre an authorized agent attend in your place and to advise the Building * Zoning Office of this change prior to the meeting. 4 Sb V-/ /VU? i WILLIAM R. OMLIE RHONDA T. OMLIE 1860 Shadywood Road Wayzata, MN 55391 Phone #471-0824 rr 'ft !:i •• c u l” / September 9, 1992 1 C'Ti' C = V C=or^c. Jeanne Mabusth Building and Zoning Administrator City of Orono 1335 South Brown Road Post Office Box 66 Crystal Bay, MN 55323 SEP 1 7 1092 Re: Zoning Variance Application 1860 Shadywood Road, PID #17-117-23 24 0018 Dear Ms. Mabusth: Please accept this application letter with attachments as our request for a zoning variance as pertains to "hardcover” limitations. The reason we are requesting this variance is to make it possible to enter and exit our property by automobile in a safer manner. Because of the configuration of the drive onto our property and the distance to our existing attached garage from County Rd. # 19, we currently must back our automobile approximately 130 feet to exit. In just the past year we have experienced three backing accidents. We are also trying to make entry into our home more accessible for handicapped visitors. We are now in the process of remodeling our front entrance to make our home more accessible. In conjunction with this, we want to make it possible to transport handicapped passengers right up to the from entrance. Under existing conditions, handicapped passengers cannot be transported closer than 40 feet. Due to typical congestion on our existing drive, the distance is usually greater. With professional assistance, we have developed two alternate plans which would greatly reduce the extensive backing necessary to enter and exit our property and make our home more accessible to handicapped visitors. These plans provide for adding a third automobile storage space to the existing attached garage, moving the garage entrance to the south side, and adding a circular configuration to the existing driveway, i rr f.i .1 A I \V.■J The proposed increase in garage capacity and reconfiguration of the drive will cause hardcover in Zone #2 of our property to exceed the normally allowed 25% limit by 4 or 5%. However, due to the unique concentration of hardcover in the northwestern sector of our property, any runoff must take a south and then easterly directional flow, over a large expanse of grassed area, a distance of at least 130 feet, before any runoff could reach the lakeshore. The end result is, and will continue to be, very adequate cleansing and filtering of runoff consistent with the intent Oi the city’s hardcover ordinance. The above considerations are set forth below in greater detail and structured by the major points enumerated in the variance application instructions: I. HARDSHIP In the past year alone, we have had three vehicle collisions resulting from the extensive backing required to exit on to County Rd. # 19. The configui ation of the existing single width driveway, and the location of the existing attached garage, requires that an automobile must be backed some 130 feet to exit our property from the attached garage. This situation is further complicated in that there is normally three vehicles to accommodate on a daily basis but, only attached garage storage for two. Because the driveway is single width, moving either of the two vehicles requires also backing out any vehicle on the drive. If the third vehicle is parked in the approach to the detached garage, located next to the highway, the cautious choice is to first move this vehicle out onto tiie highway and use that area as a turn around to avoid backing onto the highway. The detached garage is used as storage for boats and yard maintenance equipment. The logical solution to alleviating the need to move two vehicles, when one of the garaged vehicles exits, is to add garage space for a third. Because of the way the attached garage is currently situated, it cannot be expanded without changing the direction from which vehicles enter. Entrance is currently from the west (facing County Rd. #19). The existing attached garage cannot be expanded to the north because there is insufficient space available between it and the north lot line. Neither can it be expanded to the south as the southerly building line of the garage is immediately adjacent to the front entrance of the house. Therefore, the only direction the garage can be expanded is to the west (toward County Rd. #19). Expanding to the west requires that the entrance must be from the South. To enter the garage from the south requires that the driveway be redesigned and expanded. Of primary importance is safe and practical ingress and egress from the property onto County Rd. #19 and improving accessibility for handicapped visitors. Two alternate plans for driveway redesign are submi»ted with this application. PLAN A Provides for access to the attached garage from the south ^d a second entrance to our property. It resolves our safety concerns and is our first choice. Plan A provides the following features: I I r- \\it / / • * 1 i\ /f #- j.y fs V /> N,> 'i^p ■j • Storage for one additional vehicle in attached garage. In normal daily use (3 vehicles), the only backing necessary is to clear the garage entrance. In normal daily use it eliminates any need to back onto busy County Rd. #19, when exiting the property. In normal daily use, no vehicle shuffling is necessary when a vehicle exits the property. - Provide improved accessibility into our home for the handicapped. Can accommodate five visitor vehicles before any extensive backing is required. All five vehicles can access County Rd. #19 without backing. PLAN B Provides for access to the attached garage from the south but uses only the single existing entrance. Although it resolves most of our safety concerns by reducing the need for extensive backing it is our second choice. Plan B provides the following features: • Storage for one additional vehicle in attached garage. In normal daily use (3 vehicles), the only backing necessary is to clear the garage entrance. In normal daily use it eliminates any need to back onto busy County Rd. #19 when exiting the property. In normal daily use, no vehicle shuffling is necessary when a vehicle exits the property. - Provides improved accessibility into our home for the handicapped. accommodate three visitor vehicles before any extensive backing is required. All three can access County Rd. #19 without backing. EXISTING SITUATION (outlined for comparison) - Storage in attached garage for only two of three daily used vehicles. In normal daily use, extensive backing (130 feet) is required to exit properly. In normal daily use, it is usually necessary to move a second vehicle to avoid backing onto busy County Rd. #19. 1 1 •» (Z ^/ r _- { .;:~v[f .: H .i? n h t J i < I '. ..■■ Visiibr vehicles typically must exit by backing onto County Rd. #19. Shuffling of visitor vehicles results in numerous false exits onto County Rd. #19. These vehicles occupy the traffic lanes while waiting for others to exit before re-entering. - Handicapped visitors must be transported some 40 to 100 feet across our yard, after exiting their vehicle, to reach the front door to our house. We submit that either of these alternate plans create a reasonable balance between the intent of the hardcover ordinance and resolution of the safety/accessibility issues inherent in our existing situation. Above, we have attempted to depict the safety issues associated with normal ingress and egress of three vehicles on a daily basis. However, these concerns multiply several times over on evenings, holidays, and weekends when we have visitors. On a typical weekend or holiday it is very common for several additional vehicles to occupy our drive and, when this happens, we usually have gridlock. Our drive will currently park some seven vehicles and not too infrequently it is Hlled. Parking must be on our drive, as parking is not permitted on County Rd. #19. We have requested a parking exception on County Rd. #19 on several occasions for our visitors, but without success. In our current situation, when a visitor is to exit, it usually requires the shuffling of several vehicles and false exits on to County Rd. #19. These vehicles then temporarily must park on County Rd. #19 while the departing visitor exits. Although Plans A and B submitted herewith will not necessarily eliminate these safety problems altogether, it will go a long way toward alleviating it. Most importantly, either of the plans submitted will essentially eliminate the safety hazard inherent in extensive backing now required to exit our property, particularly the need to back onto County Rd. # 19. Among our most regular visitors are our elderly parents and a handicapped sister who have particular difficulty backing their vehicles. We are very concerned for their safety. Equally important, both Plan A and B allow fo« vehicle transpci t of handicapped passengers nght to the front door, which allows them more convenient access into our home. In particular, this will make our home more accessible to our handicapped sister and disabled grandparent. n. VARIANCK WILL NOT VIOLATE INTENT OF HARDCOVER ORPINANCE Due to the unique topographical features of our property and the concentration of hardcover in the northwestern sector, and the large expanse of grassed area to the south and east the requested variance will not deprive runoff of extensive filtering. With the exception of that part of our property lying North of the existing drive (which runoff flows to County Rd. #19), all runoff flows South across grassed area 0 I r V/ :« A f J a >• a of Lot 27 into lot 28. Lot 28 contains essentially a clear flat, gra«ised area about 60 feet wide that runs some 285 feet from County Rd. #19 to the lakeshore. It is void of hardcover. Runoff from the hardcover area flows southerly across Lot 27 and then into Lot 28. The average distance this hardcover runoff must flow to reach the lakeshore, easterly across Lot 28, is over 200 feet. The minimum this hardcover runoff would have to flow easterly across Lot 28 to reach the lakeshore is about 130 feet. Further, due to a slight bern which runs along the lakeshore, it is unlikely that any of this runoff would flow directly into the lake. Thus, the amount of filtering^ runoff will receive is piobably superior to most typical situations. In conclusion, we request your thoughtful consideration of this variance request. The plans we have submitted for redesign of our attached garage and drive will alleviate the extensive backing of vehicles now required to exit our property. The extensive backing of vehicles has resulted in several recent accidents and leaves us with fear for the safety of ourselves and visitors, particularly the elderly and disabled. We are also very concerned for the safety of the many bikers and pedestrians who pass in front of our drive on County Rd. #19. We believe our request constitutes a reasonable balance between competing interests of safety/accessibility and the environment. Approving our request will provide safer conditions by which we can enter and exit our property, will provide better accessibility for the handicapped, and also provide for adequate filtering of hardcover runoff. We respectfully ask concurrence and approval. Respectfully yours, William R. and Rhonda T. Omlie Attachments: 1. Hardcover Calculation Worksheets. 2. Certificate of Survey designating existing hardcover. 3. Sketches showing proposed improvements. (Plan A and Plan B) 4. Written acknowledgements by close neighbors. 5. Initial application fee of $175.00. 6. Property Information Sheet. 7. Certifled Property Owners list. 8. Plat Map. 9. Data Privacy Advisory. n, ■t f r i Certlflcdteof Survey for Duane N. Hall in lots 27 ft 28, Shadywood Hennepin County, Hlnnesoia rJ • o \w J Otaii 71T.1 :jj --- '! \ ^ \ fiu# rr \ * / \ ' • 0«U : 1-21-86 ScaU: 1* • 38*• ; Iron Mrktr \ Lot 27 a«opt th# H^rth 15 feat. la.d^fert ,U%xistlng buildings and a drive S,*S5 Shorhat^^ivSialVTpJ^St Ifber i-proveoents or encroacb-ents. COFflN « GROHBERG. INC. .jm i. Gronberg Lie. Gordon R. Coffin Lie. Mo. 6064 Engineers I land Surveyors Long Lake. HInnesota F HARDCOVER CALCULATION HORKSHEI SETBACK ZONE: (CIRCLE ONE) 500-1000' %mam& H ardcover in Zone — y^/QA/A ^ • I. A. H ouse 9<5'0 S.F LENGTH WIDTH X S.F. r.T'/^ /D-/[) V G ca5"4 S.F. V ;9-A /^'-O _ X , rS^B . Garage g>_ /IjF _ S.F. S.F. S.F. ^Ssio^^Cofon S.F. S.F. D.. Sidewalk /5aS.F. S • F • . Patio /^ Deck ^ /4-g /6S*S.F JO-0 -G? F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING S.F S.F S.F. - X S.F G. Other S.F Total H ardcover in Zone Total Property Area :n Zone ^\(s^ .... 0 £i^^bO S.F. 0 X 100 \ ; • HARDCOVER CALCULATION HORKSHEET SETBACK zone: (CIRCLE ONE) 0-75' 75-250'(ZSOJOO^ 500-1000' Harocover_ih_Zome M ^ w ! ► I : ^ ■■ A. House x LENGTH WIDTH S.F. • • y S.F. X • • . S.F. m X a S.F. X S.F. B. Garage — x —^ C. DptvPMAY(C^ QqK^ — - t^/S - S.Fi S.F. • # sip. • n. .^rnPWAi X ‘ x m • S.F. X S.F. X a S.F. E. Patio/Deck X •S.F. •S.F. AREAS UNDERLAIN«v . X S.F. PLASTIC SHEETING X • •• S.F. X S.F. R. Titupr X S.F.• • Total Hardcover in Zone S.F. Total Property Area in Zone □ JL2.46\:,[l-SBo^- S.F. Y 1M - «^o?» 4— I''-) ; 4.< *• ^ i ■mS I 1 k i f i' 3 Wlllian R. and Rhonda T. Onlie 1860 Shadywood Road Wayzata, MN 55391 a ■•V'' 1<y I 1 HARDCOVER SUMMARY ANALYSIS ZONE-/1 (O' to 75' from l2dceshore) No ground cover permitted TOTAL HARDCOVER IN ZONE: TOTAL PROPERTY IN ZONE: HARDCOVER PECENTAGE: ZONE #1 (75' to 25' from lakeshore) 25% ground cover permitted HARDCOVER PECENTAGE: Zone #3 (250' to street) 30% ground cover permitted * *n. y f, %; • / ( ) *all numbers represent square feet EXISTING PLAN A PLAN B 0 10200 0.0% 21.4% 0 10200 0.0% 30.1% 0 10200 0.0% House:2930 2930 2930 Garage:490 951 951 Driveway:825 2667 2590 Sidewalk:558 150 150 Patio/Deck:300 468 468 : IN ZONE:5103 7166 7089 IN ZONE:23800 23800 23800 29.8% Garage: Driveway: 615 1050 615 1630 615 1188 TOTAL HARDCOVER IN ZONE:1665 2245 1803 TOTAL PROPERTY IN ZONE:5300 5300 5300 HARDCOVER PECENTAGE:31.4%42.4%34.0% I »*l»f 9. « f % tm „ 91 (20) m± (22) 9 .................................................. t kv<at> t: •• • • f I* •• ••.• ♦•. .* tMNM OATf Of/oa/n X \ •ATCM OOS • •# .• • HEMCaiN COUNTY PROPERTY INFORHAHON SYSTEM PROPERTY OmERS LIST REPORT NO. PX43S401 PAGE • • I • • ' ‘I-raw Aooi ; SS 17-117-U t« OOOE Aboft ‘ . 0SS7S SNAOYNOOO RO OM«R NANI ‘ -0 t N TXUOTSON . TAXPAYER • , 6LENN.a TXUOTSON NAME/AOOR ISTS'SNAOYNOOO RO y^3). 000 OR • * I. • • . •.* . ♦ I NAYZATA Ml : SISTl SO X7-1X7-ES EA OOOS OOOSS AOORESS UNASSXGNED miOTSON/N A nUOTSON 6LEMI R TXUOTSON , X075 SNAOYNOOO RO NAYZATA Ml SSSTX M 17-117-25 2% OOM oieeo SHAOYHOOO RO OURHOOO A TAYLOR QUA N TAYLOR laeo SHADYHOOD RD NAYZATA m 555T1 ••. ••••I • j. so 17-117-tI EA 0007 .7 *. • .1 PROP AOOR OIOSS SNAOYNOOO RO • • • * • M 17-117-U ZA OOOO • » uivmii. iwm n MLOCif • « ■. - .- TAXPAYER .. -NARR R SALOIN . NANE/AOOR^ XOSt SNAOYNOOO ROT.' < NAYZATA Ml SSSTl • . ; OlOAS SNAOYNOOO RO 0 J CORPORAnON eiEMI TXUTTSON I07S SNAOYNOOO RO NAYZATA Ml SSSfi /A]SB 17-117-2S ZA OOIA OOOSO AOORESS UNASSXCNCO COFFEE LAN0XN6S COFFEE LRNDXN6S A7ZZ N FAIR HXUS RO HXMCTtNlA TOI 55SA5 • • f-. * V • • •• • • V X • *• f,. i • •; ... •. . . . •V*- • . • . . sa 17rll7-2S M OOIB AOOR OIMP . SNAOYNOOO RO CM«R NANI . . r A P SCNiRSiR ^*.TA)<PAYiR ■06) r L t P P SCHERUR W‘. NAHE/AOORV 'lOtO SNAOYI • .NAYZATA NN SSS9I u ’ •« SO 17>1I7>CS EA OOU OlOAO SNAOYNOOO RO JOHN J SURKE ETAL JOMI J OURKE lOAO SNAOYNOOO ROAO* NAYZATA HN SSS91 0'^)so 17-117-ES EA 0017 OlOM .SNAOYNoOO' RO H S 0 SEIFERT JR NXLTON SEIFERT JR leSA SNAOYNOOO RO NAYZATA • •»• • • (/Pk .J- PROP AOOR.V 01000 • SNAOYNOOO RO •i.OMMR NENE. .vN R S R T ONUE C*.; TAXPAYER ' vj'.MIUZAN A RNONDA ONUt iQ <.;xsoo smov ’^^mYZATA Ml sssn I * •'7'. .A /jo] SO 17-117-ES EA 0019 V./.'/. 01090 SNAOYNOOO RO. V J CASTAONA S N J CASTAGNA - VANESSA J • NEIL J CASTAONA 1090 SNAOYNOOO RO • NAYZATA Ml SBS91 55S91 TOTAL OATCN ,* • OOS 00011 •• . .- c' • ■ accmLi •x':*» . • • •••T •I. • X CERTIFY TNAT THE FACTS REPRESENrCO ARC AN ACCURATE AND TRUE REPRESENTATION OP INFORNAnON AS IT APPEARS THIS|OATE ON THE RECORDS OP TNR NCNNEPIN COUNTY OEPARTNENT OP PROPERTY TAJUTXON, TO THE REST OP NY RNONLCOCE ANO OELXEP.. . ' • • ■ .• • . •* • - :• • • . . • • . . . ■ «x» . ' P I ■Aoi.iMIifiiilili III^^ R< 00 '.-‘I- 1 if £j A\IV11 J CITY OF ORONO 1335 Brown Rd. South • RO. Box 66 Crystal Bay, Minnesota 55323 (612) 473-7357 PERMIT TYPE: Permit Number: Date Issued; BUILDINGOU466S 10/01/92 ITE ADDRESS:1860 SHADYWOOD RD P.I.N.: 17-117-23-24-001 S ESCRiPTION: ADD/2ND ..FLOOR, REMODE Building Perrnit Type ■ - SF-ADD/REMODEL Building Work Type ’ .'ADDITION -r -r88 R-3 -UBC Occupancy . Construe ti on . Type .A . » X .. . . Zoning CITY OF DRi FINAHCE OFFICE 131310{ s “ ♦ .r • • ■ • -• 1*. nr*'' * • • • • • •». ”...........7.- __: r»u.2 t ., i. - ..L 01 CEH im.l 1350100000 .01 GEH 370.i 1222200000 01 GEH 150.C CHECK 7L 2360,1 RECEIPT-THANK YOU S254500 CQOl ROl Til 10/01 «m m 0*' • EMARKS: ^ ^ ^ ^ j SEPARATE PERMITS REQUIRED FOR.KuMBINGrMECHA^^^ FIREPLACE, LAWN IRRI6ATI ON. ELECTRICAL (STATE); MUST PROVIDE ENERGY CALCES ASAP.-------------------------------- EE SUMMARY: VALUATi0N>_L^.t300,000 Base Fee Plan Review Surcharge Total Fee $1,339.50 $870.68 $2,360.IS i i =<3mW?:PARK Ul ■ 0005^9 2749 BLACKSTONE AVE ST LOUIS PARK MN .5.5416 (612.^ 927-4933 gP(j^^|R. WILLIAM 1860 SHADYWOOD RD ORONO MN 55391 471-0824 -THE •' SPECIFIED bMR}lM:E.^WItH^ALL':^^ OROMn ORDINANCES!TAHD:SSTATEaDEgttINNESdtai8lUXmNG£C0DELBEQUI^^^^ V*- ,A.i*-r-# . .(1 I r f- ’ WILLIAM R. OMLIE RHONDA T. OMLIE 1860 Shadywood Road Wayzata, MN 55391 Telephone #4 September 23, 1992 Lyle Olmcn Bnirc Vang Building and Zoning Administration City of Orono 1335 South Brown Road Post Office Box 66 Crystal Bay, MN 55323 ft '7 Re: BUILDING PERMIT FOR: William R. and Rhonda T. Omlie 1860 Shadywood Road Wayzata, MN 55391 Dear Gentlemen: As per our phone conversation today, I believe both of you have previously spoken with our builder, Mr. Clark Johnson, and have received a full application for a building permit from Mr. Johnson, with regard to the above referenced property. As we discussed on the phone today, attached you will find Plan "C which should not require any variance approval in order to issue a building perrmt. Please note the followiiig changes to the plan that allow for this. First, the existing north garage wall will remain intact. Secondly, the proposed additional garage stall wall to the north has been moved in 15 inches to meet the 10 foot set back requirement to the north lot line. Thirdly, the driveway has been reconfigured to meet the hardcover restriction of 25% in Zone #2. Although Plan "C is not acceptable to us we are requesting you approve a building permit based on this plan. We have submitted a Zoning Variance Application to Jean Mabusth for the October 19th Planning Commission Meeting and will pursue getting this variance approved prior to any construction on the garage and driveway. If the variance is not approved we will continue with Plan "C as proposed. As we also discussed, we would like to obtain a building permit by Monday, September 28, 1992. We are under a time constraint and moreover a weather constraint with winter quicldy approaching. Our roof is in desperate need of repair and has therefore made it necessary for us to move ahead with this vast remodeling project at this time. I am sure you r » l-t.------ ...___t r' f, can understand our need to progress with this plan as soon as possible. 1 would appreciate it if you would please call me at 336-1403, during the day, if you have any questions. Thank you for your assistance and prompt attention to this matter. f* ^ ; ,i ?!• ** A ^ * Rhonda T. Omlie Visap yy OA*' ' ■ *•*•/ -.s. Attachments: 1. Hardcover Calculation Worksheet for Plan "C. 2. Certificate of Survey designating existing and proposed Plan "CT hardcover. 3. Plan and sketches showing proposed improvements for Plan "C. I '^1 i s . k"'! ^ ;Tf* - f. i r »4. t' C' •% i y /:f -.r W:!) er"ir ' I K *’^’** **^\ ;v .■ U ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) Olpa M. Taylor [print name(s)] of 1880 Shadvwood Road [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1860 Shadywood Road_____also refereed to as Land Use Application No. I (we) understand that in executing this acknowledgment, I (we) am (are) not asking to declare approval or disapproval of the property or use but merely to conOrm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. toU Date p Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning OfHce at least 10 days prior to the scheduled meeting date. iiiiutt 0 Oiam » r J^'"ft • ^ s s ■; eO f ..*7 w O ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENTPORM I(wc) tikcC S ftf iSSC ttd [print address] ^ have reviewed the plans located at 1860 Shad the proposed improvement or proposed use of the property 1 Road_____also referred to as Land Use Application No. I (we) understand that in executing this acknowledgment, I (we) am (are) not asking to declare iqyproval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. Property^wner'"'Date Property Date If you have any information that may assist the City in the review of this Land Use ^plication, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. y.. . Mi ijjyi calculation work k) li^ i'-rnTf ■ ■ _ . ' H-h SfTBACK zone : (CIRCLE ONc) Iardcover in Zone A.House r^S-O [ 250-500' 500-1000' V f - - - --f * •S.F. LENGTH WIDTH S • F t B t Garage /o-o V /9-0- ■5734 /i-i— X _ s/S*F« (i.RO /<?<:> S.F. oiC S.F. S.F. ■ 742- ■:.. ^«fe€5 -a/ - /a.— D., SlDEWAU^^:--------d — X I?/7L S.F. 3 /da S.F. E. Patio/ DECK S.F /O~o 3o~o -. 3<?_^. S.F. F.Landscape areasUNDERLAIN BY 1 . PLASTIC SHEETING S.F S.F S.F S.F G. Other a* Total Hardcover in Zone Total Property Area in Zone —— S.F 'V ‘ PnO ■ S.F. a ■LraXi’-?..-^ X 100 - ^ t r ifc. OVER CALCyUTION WORKSHEET : (CIRCLE ONE) 0-75' 75-250'^SO-^^ 500-1000' DCOVER IN Zone HARDCOVER CALCULATION WORKSHEET SETBACK ZONE Existing Hardcover e A. H ouse B. Garage LENGTH • X X WIDTH a S.F. * S.F. X • S.F. ••X .S.F. X .S.F. _34. ??X s !'S S.F. c. D rivewa /Ciep. 0-ejA./O^O S.F S.F. 0.. Sidewalk S • F t S.F. E. Patio / Deck S.F m .. S.F F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING S.Fo S.F S.F S.F 6. Other •1 A- 4 V" ' \V r-“‘ ______________ X ______________ ‘ __ S.F. Total H ardcover in Zone - /(P(^^ s.f. Total Property Area in Zone - ^ 'i.AoO s<f> X 100 - ^-?/»4 % 13 13 H '} * •••Jl r \‘/s., -»> • 7 f '•Vx' I. • HARDCOVER CALCULATION HORKSHEl SETBACK ZONE! (CIRCLE ONE) 0-75' (^-2597 250-500' 500-1000' Hardcover in Zone ^[1/A a) Z House JIZ-O x ~3^-0 - ■ s.f. I . LENGTH WIDTH i 30-0 V ._^Sz.?. ¥■ H ■ k T • /O'-ZO cA5 S.F. 5-3 B. Garage c. Driveway S.F. ■3^ ^SlS90 s.f. S.F. 0.. Sidewalk 55)S.F. S.F y‘9—. E. Patio/ /<^-o S.F 'AT10/^ / /O-O V ^0-0 ., N3g>g’S.F F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING S.F S.F. - S.F - X S.F G. Other r « ^ r-jV r/ T\ f .'?7 Total Hardcover in Zone Total Property Area in Zone X 100 • HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ^SO^OT^ Hardcover in Zone ^Zaa) ' tr' 500-1000' I '4'- ■ E& .k- * S ?• •; ! • A. H ouse • _ X LENGTH WIDTH • X * • • • • __ X• • X . _ X B. Garage r-5’4-3 X =2<5T5 a /o / <5” c. Driveway n /OSd) -5ee -O a /3^ • D. Sidewalk X m _ X • • _ _ X E. Jatio / Deck X a . • • F•Landscape m X .• areas UNDERLAIN BY T X m PLASTIC SHEETING • X • X a G. Other _ X a.* S.F. Total Hardcover in Zone Total Property Area in Zone [T| .1. |Y) ■ /?C3 S.F. S.F. S.F. S.F. . S.F S.F. S.F. S.F. S.F S.F. S.F. S.F. S.F. S.F S.F. S.F S.F. S.F A \ I v;' •'•.a V'' EH Ci] X 100 . .54 > g To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:October 13, 1992 Subject: #1770 Bill and Laurie Cornelius, 960 Tonkawa Road Variance - Public Hearing Pertinent Ordinance 1.Section 10.22, Subd. 2 •> Average lakeshore setback variance. The existing and proposed new residence are located in front of the average setback line. 2.Section 10.22, Subd. 2 - 0~75' setback area • Allowed « O' Proposed = O' Lakeshore hardcover, i 40,875 s.f. 75'-250' setback area = 82,509 s.f. Allowed = 20,627 s.f. or 25% Proposed = 17,096 s.f. or 20.7% List of Exhibits A B C D E P G Application Property Owners List Plat Map Map of Average Lakeshore Setback Line Survey Street Elevation Lakeshore Elevation Description of Request The applicant proposes the removal of all existing improvements and to redevelop the 2.8 acre parcel for new single family use. As already noted, the existing house is located in front of the average setback line. The proposed structure will be located further back from the existing residence setback but still completely located in front of the average lakeshore setback line. The residence structure is designed as a walkout. Review Exhibits F and G. Applicant is forewarned that all excavation required to install walkout must be well behind 75' setback line. Upon application for a building permit, applicant must provide detailed grading and drainage plans and confirmation that all excavation or changes in elevations are located out of the lakeshore protected area. mam f i- f-' P' •i ■ { Zoning File #1770 October 13, 1992 Page 2 The structure meets the height requirement measured at the street side at a mean height of 28'. Please review Exhibit E. Note pool shown in lakeshore yard to be installed in the lower lakeshore yard elevations. Applicant should advise if this is to be included in the current variance application for an average lakeshore setback. It should also be noted that applicant has approximately 3,548 s.f. of additional hardcover allowance available for development of the remainder of the jesidential property. Upon application for a building permit, the v*r may wish to have a surveyor reconfirm the 0-75' setback i'rv-’ d the 75-250' setback area because of the irregular <;u-*ving shoreline. Bardship Stateioent Refer to Exhibit A. Applicant notes the unusual shape of property and curved shoreline. If house was to meet average lakeshore setback line, it would have to be placed 270' from the shoreline. A third of the 2.8 acre parcel is located within the 0-75' setback area. Options of Acti( Denial, Approval as proposed. Approval as amended. Any condition of approval must include the following: 1.Upon application for a building permit, applicant must provide detailed grading and drainage plans for both principal structure and pool. No land alterations will be allowed within the lakeshore protected area. 2.Applicant is to obtain demolition permit for removal of principal and accessory structure from the City prior to razing of structure. Isv •a«^TT*anni ii CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional varianc#) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) X ^ // 'c- r 3 .•l ?ft, ^.v* * •*; > :afc • • • .*.# * • I i»t i’,’ •V \ - \ tr ORONC HEIiO'i;?!! PROPERTY INFORMATION Site Address Uo SEP 2 5 i092 CITY OF DTMi Fmi^ OFFICE Property Identif. Number (P.I.D.) oc>c»3 Attach legal description to application if not included on required survey. Date Property Acquired Oc\» (month/year) I (i^)(^o no^ also ovm the adjacent parcels of land. 1^200000 ^ aa' Presentuseof property: ^ residential _ _other (specify) Oi QEH_iffiw Zoning District:------UttlS ------------------- m m Tm APPLICANT Name SiTei^Va.w Address: (-XAI (X-_ _ _ j_ _ _ Phone (worlc) 92D ' ? Citv;\.^. Zip: ONNER (if different than applicant) Name ^ ^ojArvjt. Ccv y\«-VvjJua Phone (home) ^3,S~ * ^ ^ V _ _ Phone (worlc) Address: _ _ _ _ citv: ZLpt DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: £«>»• '~)S VARIANCES REQUIRED Lot Area /etDaC: Lot Width Lot Coverage Front Side Hardcover __ Rear Average Lakeshore Other (specify) HARDSBIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:- - - - - .;Z> kTw>v' tVfl ^ w-U- - - I I ^‘TT^biii Ii - Piisk I ■nmii' 1 n I r TTT¥in "lYT^i tafa,- I • (attach additional sheets if necessary) rbqoired submittals of f-tie following information must be submitted by the application deadline date in order for your application to be considered complete? 1. 2. 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). 3.___Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as reproduction ). 4. required (provide one (1) copy 8%"xll" for , Topographic s irvey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Ji"xll"). 6. S3cetches or plans of floor & elevation views (provide 1 copy 8%’’xll''). 7. __^As an addendiam to this application, please attach a separate list of any other persons you wxsh 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 complete if the above information has not been incloded. 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 corj^^ibt ^o t|)e best of his/her knowledge. Applicant's Signature Date 7 ' OmiBRS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. 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 & Zoning Office of this change prior to the meeting. i.. RUN DATE 0V17/n ;» MICH 010 . < t .»■ ‘ ‘ •«» ; . ^-r • ■. ;;.-v ■ •• •;• . . • -i HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»MERS LIST REPORT NO. PIA3S401 PAGE 29 •* ' so 08-lI7>2S 12 0001 PROP AODR * 00980 TCRKAHA RD 0M4ER NAME L 0 OORR/M A DORR TRUSTEES TAXPAYER LAHRENCE A MARILYN pORR NAME/AODR • HSSS H000LEI6H» FLINTRID6E ‘ LACANAOA CA 91011 \ . 58 08-117-23 12 0002 00970 TONKANA RO J R 0BER6 A E A 0BER6 JAMES R A EMILY A 08ERG 970 TONKANA RD ORONO MN 55350 30 08-117-23 12 0003 00960 TONKANA RP DAVID J RIDLER ETAL DAVID J RIDLER 2925 GARFIELD AVE S MPLS m 55408 1 • 58‘ 08-117-23 12 0004 / 00038 ADDRESS UNASSIGNEOPROP AODR OKNER NAME DAVID RIDLER ETAL TAXPAYER .DAVID J RIDLER NAME/ADDR 2925 GARFIELD AVE S MPLS MN 55408 . . ■ •* ■ . ■).. • \ 58 08-117-23 12 0006 00990 PARTEFPIOOD RD BRUCE A MARY EN6ELSMA BRUCE A MARY ENOELSMA 990 PARTENHOOO RD LONG LAKE MN 55356 38 08-117-23 21.00.14 00955 TONKANA RD JAM GILBERT JAMES H A MARY M GILBERT 955 TOtACANA RD LONG LAKE MN 55356 ' * * Ai • \ M i » < 58 08-117-23 21 0015 PROP AODR • • 00975 TOMCANA RD ' ; OMNER NAME : A J FARAS A H K TAVEGGIA .! TAXPAYER ANTHONY J FARAS NAME/ADDR . 975 TONKAtU RD • LONG LAKE MN 55356 * * 38 06-117-23 21 0016 00985 TONKANA RO GABRIEL E JABBOUR GABRIEL E JABBOUR 21 UNIVERSITY AVE N E MPLS MN 55413 TOTAL BATCH 010 00008 3 . . I-1 • .i'. :: I ’ <3Q t • > '? V- - , . 1’ ' • •• • * 9 * . 'I'i ■ ' I *’ » .1' 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AMO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErtlEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF Mt KN0NLE06E AND BELIEF. ^ DATE b 6 •• • i t .t‘ t t. i I« < ’ ' I A A o ! { ' ^*• . A •< *. «% J.- i ■4. ' ^ ft ■■ •it * » ». r 5 } ; !• , • 8 \ ' # * • h • • 9 . -SI n. ,‘1 I . I « I p k ::v h ms; “ ;i* .‘ ;i r*.\»*. ^-rr—VT»» riL.*.7t.t;4 -• TFT asvjrgsgf iijscb nSSttaiCM^ir 21 i.r4Ts.-fc53^ • ••V • •.v,»* r:r rar;is^^ .a:; ‘rzi rz • • . it • •*•» I "r t: * !t»>; • I • . i. L •* . •, V ' It: ! •* ' f \*\g I *'*W . , ,1 i • ;('-■ V S>i' ;• **|» I.-* vl;-:VV '‘^f-‘ ti l i'•J ••r «1____t .1 •.• $ ‘ i i:- % t • '• I I li’l ,1 ill 1 u.:; 1 llzi= LIL.'XEl 1 I' ll ll • 1!J!P’ ! ll:IF IL T: IF Hr --------------(iiroxinG: 1i -ir inrinr'ir- j 1 11 li.: ni I: Jl. ^ ; Liu::l!:qi::id • • in TTT.T l 1 JIJ'I'IX “ini'Xiiun :ii:jmi:ic -rir- !JL Sir »l JL t;nrl '1 IT 'i ------- u '' ' 1 nnoii;] r:MiSlia'S jLiliiL'iL.i|nrtTjirn!Tn ISP* irrii-ritTlrnijn . • V I ( . iM , • \» ., ; - -.S Vl ' j.V •' v{ i 1 r y /.;' ■ ’•V'ii'' ./> '«,••/'■'*{ III- •■' * •it t / ! ;»I *'/Mw ’ • *• *i''**r *I ‘MSi IjV, l • •* t • h;li ;» % .1. .^«:i • •. . . 1 i • * • -t I' I ;t> '•'•'. li . ‘ l5*“i • ,i ‘;. •:*• *j I 'i‘j* I* M J-T- J i 'I \r ''i • I I ’ • £ r To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator 0 Stephen Weckman, On-Site Systems Manager Date:October 12, 1992 Subject: #1772 James Brooks, 3785 Watertown Road - Variance - Public Hearing Zoning District: RR-IA, Single Family Rural Residential, 5 acre minimum Pertinent Ordinance Section 10.27, Subd. 5 (B) - Side yard setback variance. Required = 50* Existing principal structure Existing three-season porch • Proposed three-season porch ' 14.3' 30* 30' List of Exhibits A B C D E P Application Property Owners List Plat Map Survey Proposed Porch Plan Detail Survey Description of Request The applicant requests permission to replace the existing three —season porch which is in disrepair due to the lack of a foundation. The porch replacement will not expand the building envelope as it will have the same dimensions as the previous porch. Access traffic for the replacement of the porch should be directed around the east side of the house to avoid the septic system which is west and south of the house. The drainfield area must be staked prior to construction to assure that no traffic will pass over the drainfield regardless of the access. Hardship States^nt This parcel is zoned RR-IA with a side yard setback of 50' and this lot being only 109.1' wide is severely limited. Please note that the porch replacement will not encroach any further into the side yard setback nor will it expand the building envelope. Isv r CITY OF ORONO - VARIANCE APPLICATION 1 Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Q jo CiC , - v-S Vj A .-J • ^ 'S Site Address cm OF DFor FimHCE OFFI CE 13S020QQ00 175.00CHECi‘: R 175.00 FECEIPT-THm YOU U2S3S30 cool ROl T10:2 09/25A Property Identif. Number (P.I.D.) Attach legal description to application if not included on required survey, j Date Property Acquired • (month/vear) I (do)(do not) also own the adjacent parcels of land. Present use of proper^^ y residential ____pother (specify ) Zoning District_____________ APPLICANT Ncune Ja i BfV.'O olcs Phone (home) ^(^^7 Phone (worlc) Address; CJ<3l-Jl>uy\ 2JL ■ City; (ld(A\ Zip; ONNER (if different than applicant) Name _ _ _ _ _ _ _^ ^ Phone (home) Phone (wor)c) Address;City;Zip; DESCRIPTION Oi‘ REQUEST Estimated Construction Cost $ fO, OOP_ _ _ _ Describe request in detail. ‘ VARIANCES REQUIRED _ _ Lot Area Setback; __ Lot Width _ _ Hardcover _ _Lot Coverage Front ^ Side _ _ Rear _ _ Average Lakeshore _ _Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements;_ _ _ _ _ SO* Vo l\arv>g.____________' loV U.*»4€ . ^ . ^ loZttfe3 5 <4- ; 4 » , i ,•J (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered completes ~~.1» Completed Application Form 2. )( 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). 3. ^ Plat Map (obtained with property owners list). • 4. K 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 8%"xll"). 6. X Slcetches or plans of floor & elevation views (provide 1 copy 8%"xll'*). 7. _As an addendum to this applicationr 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 ccMplete 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 applicationr and certifies that the information supplied is true and co^^rect to^thf best of his/her knowledge. Applicant's Signature ✓i-Q/vAXt > the h Date OflNERS SIGNATURE The owner hereby ackow^edges and agrees to this application and further authorizes reasonable entry onto the property by City staff» consultantsr agents. Commission members, and Council members for purposes of investiga tion and verification.of this request Owner and verification.of this request. 's Signature ________________fute Applicant must have all submittals into the City off?.iet .^*5 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 s Zoning Office of this change prior to the meeting. RUN DATf 06/17/n BATCH 005 HEM4EPIN COUNTY PROPERTY INFORMATION SYSTEM .PROPERTY OHNERS LIST SB 05-117-2S 21 0002 PROP AMR 0S750 BAYSIDE RD OMCR NAME JOHN BURGER ETAL TAXPAYER JOHN BURGER NAHE/ADOR 3750 BAYSlOE RO LONG LAKE MN S5S56 r • PROP AMR SB S2-118-2S SI 0005 __ _ 0S7A0 HATERTOFtl RO bitCR NAME CATHARINE A CRAM TAXPAYER CATHARINE A CRAH NAME/AMR S7A0 HATERTOFfl RD MAPLE PLAIN MN 55S59 SO S2-11B-2S S3 0004 PROP AMR 03B5S HATERTOItl RD Q»WER NAME CATHARINE A CRAH TAXPAYER CATHARINE A CRAH NAME/AODR 3740 NATERTOHN RO MAPLE PLAIN MN 55359 PROP AMR 0»MER NAME TAXPAYER NAHE/AODR TOTAL BATCH 005 00009 38 05-rll7-23 22 0001 00038 ADDRESS UNASSI6NE0 STATE OF MINN STATE OF MINN tONR) (LUCE LINE TRAIL) SB S2-11B-23 32 0005 03B50 HATERTOFtl RD S H A C A HARRIS STEVEN H HARRIS S65 TURHAM RD MAPLE PLAIN MN 55359 SB 32-11B-23 34 0012 03743 HATERTOFM RD NED L BUTTERFIEID NED L BUTTERFIELD 3745 NATERTOHN RD MAPLE PLAIN MM 55359 / • REPORT NO. PI435401 PAGE 11 38 05-117-23 22 0010 00055 LANDMARK OR VICKIE J ROSS VICKIE J ROSS 55 LANDMARK DR ' LONG LAKE MN 55354 38 32-118-23 33 0002 03785 NATERTOHN RD JAMES F BROOKS JAMES F BROOKS >785 NATERTOHN ROAD MAPLE PLAIN MN 55359 38 32-118-23 34 0013 03765 NATERTOHN RD CERDA L KENNEDY . LARRY L COOK 3745 HATERTONN RO MAPLE PLAIN MN 55359 X certify that the facts REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT OF THE HENNEPIN COUNTY OEPARTjNEN^ OF PR0PERJY7TAXATI0N, TO I«E ^ OF MY KNOHLEOGE AND BELIEF <*v >7 ' V. ^ i •J //cP; 9* 5. m m '• ns-^2^< - •Sc 1 c r • *• U) m 0 _________ILS___a___ • k 9 a •m .*• • O) ' • «l A M e (i) • M MS k 9 ■ I s« urn wr»‘:r§ t - .17 — Pc^r f.'AtT^ noS£•** Fhi (D — HoLl — flc^f £Otf£ - ncoeoeao l)CU — PtVoj £ytJ:ffio/i. _ • l^F^Lr - Vi ilJSC StDi^ -liilMMiV./ ’ C/WAH.- &CA2.0S Cocas 4. <!ttt/tt^ - i^A' ft6^e6U*9C /M<. UMf - 6’ M /AJ<; 01///A - /MTKr?/OA. rai»*» 7« 6t M\ fiV'ST/A)6 House Doo«. A t V) « CJ 3 Q .•4/ V I •<.v • V>i3 s . rl I O * a-'s Ui Z $ T r '¥ c IYh" CEDPiR esekIWG THRoOGrtouT J I ^1 I I I I Ml! Ooofevi. *____J M ! I I I j f 1 I I I • I I f I I I I I 3vS floor-loisr O.C., ' I -l<aSd j?rr<0 I I i f I I I W|31 a p»»ePc;«r 0 a 0 Xc(At lA -4 4> ?« c 0 0 PJ 0 0 I. J. 1 1 r Ivio ctf;aa ‘a.'t'F'f foOpILO ' • • T OuTSiD6„ D1i.C<_ i.X3TE.‘.ftT^0 ®lP. ___-apySTs: !(»'>&.■ L-<r /' N r *3 - ^ ■/ r* > ? '1m “ 1 JvF - .17 — <*cwT. n^r r.'Atri rci$£(© — ^^^.UOLL llCOf/^Cr — Tic^f !tO£S. - RCOioaoO [\cU — "Vfc** ^oFFiT Ptvw _ B'KTeffiQiL * c»J*iCs~ - V^“to►^^« be^eo 9FfH7y9J& - 'f**FPtr - V*f £1»1C rz^otjooo _3*i7tfl>pg -j^* Cfjofig. T^& - &8|*«.0S 4JJIUS - 5a fi6ne6tt*9: im<. w#*<r - •' /Al?, C8///A - Hitttc', y*pott. 6*)8R'*A. —/A*TSr?/o/L 7*/i»n T« 6t ‘V‘<y'3L'/M" c\on<L Hov)St Doo«. A D| t n \v>r< Cf o VO I » '-V3 ^jar?55r fx * ri I o v> z $ cJ Y m“ CEORR CECkIWt THR006rtOUT J ^0 — - — I t I I I I I ^•-J. 1 ' 1 ' I ' I ' ! . I I 3v8 Floor loisr -i«.Sd JrZXiD W'o cs*:aa. C)of»».0 I• • *r • “ Cuts iC^ ’.DECK IX^-rtiftTSO ?i.p. ___3.&.\S-7S;.L<tIflgy Cjt. /' N --------L N ^/ > \h J?< F F c t A 79 c -4 i. wa (P 79Oo v> o if. IS -O r* Hennepin County. Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of That part of the Southwest quarter of the Southwest quarter of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at the Southeast corner of said Southwest quarter of the Southwest quarter; thence north along the East line of said Southwest quarter of. the Southwest quarter a dis tance of 1197.83 feet to the centerline of Watertown Road (for- monly County Road 45); thence northwesterly along said center- line of Watertown P^cad a distance of 118.8 feet; thence south - and parallel to the East line of said Southwest quarter of the Southwest quarter a distance of 1242.93 feet more or less to the South line of said Section 32; thence east along the South line of said Section 32, a distance of 109.1 feet to the point of beginning, and the location of an existing house thereon. It does not purport to show any other improvements or encroach ments. I COFFIN & GRONBERG, INC. MarK S. Gronberg Mn. Lie. No. 1275b Engineers, Land Surveyors, Planners Long Lake, Minf«esota Date : 5-12-88 Scale: 1" = 100' 0 : Iron marker Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Noorscr City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:October 15, 1992 Subject #1773 Robert Koehnen, 537 Hanlon Avenue Variances - Public Hearing Zoning District: RR-IB, Rural residential Required = 2 acres Total lot area *= 19,396.5 s.£. Pertinent Ordinances 1.Section 10.03, Subd. 21 (3) - Applicant has installed a boulder retaining wall at lot line. The only land alterations allowed within 5' of a lot line are drainage swales or ditches. The boulder wall is approximately 8' in height. 2. Section 10.03, Subd. 15 (F) - Side setback variance.* Required Existing Proposed Variance 10' 7.45* 7.45’ 2.55* or 25% 3. Section 10.61, Subd. 5 (A) - Rear yard setback Required Existing Proposed Variance 10' 5.1' 5.1* 4.9* or 49% Applicant had proceeded to make structural repairs of non- conforming structure consisting of new walls. All work was to cease upon Building Inspector's inspection on September 10, 1992. Owner was allowed to complete stud walls to provide support of roof structure. Upon a recent site Inspection with City Engineer, applicant has also installed dry walls. Building Inspectors have advised that applicant may have assumed dry wall work to be included since the purpose was to provide stability of roof structure. The applicant proceeded on his own with full knowledge that until this application is complete he may be asked to relocated garage to a 10' side and rear setback. 4. Section 10.03, Subd. 14 (C) - Review of lot coverage. Allowed = 2,909.5 s.f. or 15% Existing = 2,986.4 s.f. or 15.4% (no changes in lot coverage proposed) Variance = 77 s.f. or .4% Zoning File #1773 October 15, 1992 Page 2 List of Exhibits A B C D E F Applicatio’* Plat Map Property Owners List Neighbors Acknowledgement Form Gustafson Report 10/14/92 Survey Description of Request In early September the Building Inspector discovered the applicant in the process of making major structural repairs to the existing detached garage and installing a boulder retaining wall. The section of the wall that extends south and east replaced an existing masonry block wall. The new section of wall was placed at the north lot line to the immediate rear of detached arage. Photos will be available of both the detached garage and boulder wall at your meeting. In 1986 the applicant filed for a setback variance for the 1,000 s.f. accessory structure to the south of the detached garage. Monies were refunded to applicant as it was determined that alley was not a street and only a 10' setback would be required from the rear lot line. In 1987 applicant applied for a setback variance for major additions to the existing residence and in 1990 applicant applied for a variance for a deck and gazebo structure requiring both setback and lot coverage variances. The applicant now files a setback variance for major structural repairs to the e::ioting detached garage. In addition, applicant has replaced a two-tiered masonry block retaining wall with a boulder wall. The masonry wall of the former garage had provided retention of the steep earthen bank to the north side. Mr. Koehnen reports that it was the pressure of the earthen wall behind the garage that weakened and eventually crushed the north wall of the garage. At the time of the inspection with the City Engineer, it was determined that any further disruption of the steep banks along the north side of the property would be detrimental. The City will not assume any responsibility for the review or approval of the wall. It is staff's understanding that Mr. Koehnen has written confirmation and approval of the wall from the most Impacted neighbor on the north side. As Mr. Gustafson has noted, this kind of wall may last for years without any sign of deterioration and the next year it may collapse. As for the wall, the City will grant merely a variance for the land alterations and 8* >!,igh retaining wall at the north lot line. i J1 Zoning Pile #1773 October 15r 1992 Page 3 Hardship Statement The steeper elevations to the east side of the structure prevents movement further away from street. The location of the oversized accessory structure on the property with doors facing towards detached garage require adequate area for maneuvering movement for heavy equipment and large trucks stored in oversized accessory structure. Options of Acti< Approval as proposed. Denial requiring structure to meet the 10' side and 10 rear yard setback. Any condition of approval should include the recommendations of the Engineer regarding preservation of mature trees between neighbor's fence and boulder wall on north lot line and the trimming of the smaller. Immature trees but allowing root structures to remain. Although City has taken the position of no responsibility for the possible collapse of the boulder retaining wall and the possible damage to the garage, applicant may be best advised to have a written letter from property owner to north approving of boulder wall construction. Isv i 1 CITY OP ORONO - VARIANCE APPLICATION Jftffr .y Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) f- $ • .*9 * i r:j r.z V * cm OF QROSO PROPERTY INFORMATION Site Address."7 AvJ^ 135mm a fiECEJFT-THA^K YOU ^2S2S4d cool ROl TU Property Identif. Number (P.I.D.) -.‘^1 -OO I S Attach legal description to application if not included on required survey. Date Property Acquired/A 7 i / S? (month/year) I (do)(do not) also own the Adjacent parcels of land. Present use of property; V residential _ _other(specify) Zoning District:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 09/2t APPLICANT Phone (home) S Name Ko<<=> a )_ _ _ _ Phone (work) A - Address; As 3 *7 MW.’-. --J City; t j. ^Zip; S' ^ Q ) OWNER (if different than applicant) Name Phone (home) Phone (work) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ OC3 , Describe request in detail: T~o F ; x CA ^ i ».i ^AP ^ VARIANCES REQUIRED Lot Area Setback: Lot Width Hardcover Lot Coverage Front Side Rear /Average Lakeshore Other (specify) HAROSHIP/OESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements;_ _ _ _ _ i. ,* (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be s^lbmitted by the application deadline date in order for your application to be considered cogplete; 1. 2. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain * X ■ 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 8%"xll"). 6. _Sketches or plans of floor & elevation views (provide 1 copy 8%"xll'*). 7.As an addendum to this applicationr 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 complete if the above information has not been Included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date D S" / Q / OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date Q / /Q ------------7:^---^---™ 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 raview 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. t iTrf f r~i .i ^ ____Ji Of. c> o a 'if.W a 74 177.97 _ V ‘ ' •* :(12) ’: 7 o • (4) * s'* ”'« 3 S « ?l -•^. ^ a- ?0 i9 8 '• ^* « " '•(6)i'R 5(^)« 9 '* (ID R ^ .5 1^ 10 s Q : 14 ":(I0J & (9) i*’ r '‘ •’" »7r./5 I '^91 i?r.7s ^ DICKENSON Lh ' ^ r(i(^ / f (M) ^ ^ 1^9.40 179.4* _ .1 ' ® 9 !•'®* (3^7 o (27) ^ *l(38]{'X••5 N a ^ V N. 1 • t ;«•7' ■^ 9 ^ ZLqji-i « i».4a j " .V «i '( '7*- «• II gy (4^ ij vl i :(40) ^ .0^ i .A ,4 V 3 s> * f 179. 4 s' « *S: hht A — _.• •^.‘V'flSl'Ifb M *t»t ift^-iAKy^ft > i i n~ i r. in_-V*x« A'U'frr .^.II n^ I. x nni^>.>^cT»->o.>T>^ 1 *. ! 'iv • r • ■ . f RUN DATC 10/01/92 !I 0 BATCH OOA ' • i {HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY dHERS LIST .‘V PROP ADDR OHNER NAME ' TAXPAYER NAME/ADOR 50 02-117-25 51 0015 00500 HANLON AVE D H A 0 J FLEISCHHAN DANIEL H FLEISCMMAN 500 HANLON AVE NAYZATA m 55591 « i \ PROP AODR OFMER NAME TAXPAYER . NAME/ADDR 50 02-117-25 51 0016 00565 HAr^LON AVE HADASSAH YEHUOIT ZOHARA NADASSAH YEHUOIT ZOHARA 565 HANLON AVE NAYZATA MN 55591 • • 1 r.) i .f ■-W V‘.f ' .; ■ 1 . 1 \ • • PROP ADDR OFMER NAME TAXPAYER NAME/ADDR ^ ^ « « SB 02-117-2S 51 0021 01500 rOK ST STATE LAND OCPT ‘ DRAPER M A MOLLY B JAFFRAY. 590 BARRETT AVE NAYZATA MN 55S91 ' ‘ t • I PROP ADDR * aPIER NAME TAXPAYER NA^tE/ADDR 50 02-117-25 51 0026 00050 ADDRESS UNASSIWED, STATE LAND DEPT STATE LAND DEPT ADJACENT OHNER ONLY 'i t V, I t • L ••V I, * I PROP ADDR OlfCR NAME TAXPAYER NAME/ADDR i 50 02-117-25 51 0059./'^ 00050 AOORESS UNASSIGNED STATE LAND DEPT CITY OF ORONO DRAINAGE A CONSERVATION 2-10-09 ST DEED 0171095 * .* , I PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 50 02-117-25 51 0057 00550 HANLON AVE N A L THIES SILL I LUCY THIES V' 550 HANLON AVE NAYZATA MN 55591 / ?• i' a » t *■' *I, i •. 30 02-117-25 51 0019 00521 HANLON AVE RICK S MILLER ET AL RICK S MILLER AND KATHRYN E STENSO MILLER 521 HANLON AVE NAYZATA MN 55591 50 02-117-25 31 0017 00038 AOORESS UNASSIGNEO HADASSAH YEHUOIT ZOHARA HAOASSAH YEHUOIT ZOHAPA 595 HANLON AVE ORONO (M 55591 30 02-117-25 31 0022 00590 BARRETT AVE D N JAFFRAY A M B JAFFRAY DRAPER M JAFFRAY 590 BARRETT AVE NAYZATA MN 55591 50 02-117-25 51 0070 00559 KEENE AVE O HARALO ERIKSEN O HARALO ERIKSEN 9219 ZEALAND AVE N MPLS MN 55928 38 02-117-25 51 0055 00058 ADDRESS UNASSIGNEO T A « 6 M FISCHER THEODORE A GERTRUDE FISCHER 2059 COttlERCE DLVO MOUND MN 55599 38 02-117-25 51 0050 00520 HANLON AVE RAMONA N SLEDZ GERHARD 0 TAN6ER 10095 PILLS8URY AVE S BLOOMINGTON MN 55920 .■> 1* I ( • 1 • i *.• 0\ • • . REPORT NO. P1955901 PAGE 8 30 02-117-25 51 0015 00557 HANLON AVE R V A M E KOEHNEN RXCRT A MICHEL KOEHNEN 557 HANLON AVE NAYZATA MN 55591 50 02-117-25 51 0018 01500 FOX ST R A K TSCHIDA ROBERT G TSCHIOA 1300 FOX ST K'YZATA MN 55591 58 02-117-25 51 0025 00590 BARRETT AVE 0 M JAFFRAY A M B JAFFRAY DRAPER M JAFFRAY 590 BARRETT AVE NAYZATA MN 55391 58 02-117-25 31 0053 00038 AOORESS UNASSIGNED CEDRIC OETTLOFF CEDRIC OETTLOFF 1255 DICKENSON ST NAYZATA MN 55591 • ^3 02-117-25 51 0039 00058 ADDRESS UTASSIGNED T A A 6 A FISCHER THEODORE A GERTRUDE FISCHER 2059 COMMERCE BLVO MOUND MN 55399 38 02-117-25 51 0039 01295 DICKENSON ST J R SIBERELl A M SIBERELL JOHN R SIBERELL 1295 DICKENSON ST NAYZATA MN 55391 ■r • > >• J . J . J 4i 9 4 ■j ( • I • t r RUI PATE 10/01/92] / i • OATCN.OOA' »' ; : * • I • pkop 'aodr ' * » * • * • ^ :f •• •;!! ;• HENNEPIN *r I » NMC TAXPAYER : NAIIE/AOOR Se 02-117-2S 51 OOAA P0540 BARRETT AVE D H JAFFRAY A H B JAFFRAY DRAPER M JAFFRAY 5A0 BARRETT AVE I * ‘ L NAYZATA MN , 55391 1 .• ‘ r. ' •* * . : -i' "- ' ' . :‘v . i 'f * } I*. » ■ ^ \ •' ' *• ■ .1 . >. 1 'I . ti{ ’■.»'‘'v!• • ■ .?i f--‘. I ■i. 'i:r^' '-jt.: • * *U •* *4'* M l. • 1 •; . • ' ■ i ■* ^ * f . .:« •4 r • I:f Jt- . ■■ .v'-s'fc-;.v r ^ ',v » • ■ ' i' . ’ i » {• . ; V *. • •■'?.•’ ;V- y i'f r: ► -;v- ■ .-i- *V:-' •-i .f .*. V •tr*- V*. A » r> ^ ' '^1 • ’4^ » .. f : . ,1 r* ..:rr i I.* • \ X f- >■ ’ ’ • i ‘ # ' ? ;/.vr. .* ;a . ; •».. 4 ■1 '* ♦ • i: * • k. ) I‘l-r ■f 'L I • ' • ‘ » V'*' I * < • . V. '.V X. •• !■ , •l .*• *. . »♦ ; .--.ii <: :?!■ •* i -if T\:. '.( • i . r- il-.'* ■ • ’ 1 li. • 7*.- 'f- ^ r ■ ii* ••: ! • ■■XWXW :'V •• j; - k V: • < . t- • 1, .• - _ ... » . • . A . • # it- V. , i ; t COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OIBCRS LIST TOTAL BATCH 009 00019 ‘4 . . » . 1 t- • • •% t' t• •« .M '•i'- ■ 4 ■ .K . . ; • ' i f'* • . A. ■ ■ :’’4 • > • V •* # ^ V t ' k .f • t: \ • . I . \'ll.’ 4. *. • ••r *r: •‘P* V A* »• ■' •■• .7. »c.k ; r # »'• • r i t. ' i 5 ' ■ • ■ I •, .',.4 • > f . " } . I . » » ‘ •’ REPORT. NO. PI935901 PAGE 9 • J. i , I • 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF MY KNONLEDGE AND BELIEF. ' DA • A I * (■■ ‘ I • .* « - ‘r •/ •’ « • ;f J • ■ « , ' * ’*» • • 1 • I {■ ■■! '% #• ^ .IP....* I (we)Srmro mi 11/^_______of [print name(s)](print address) lave reviewed the plans for the proposed improvement or proposed use of the property located at mn/jv)_______ also referred to as Land Ose Application No. _____• I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use -rro^verenT p\^/nV:nVt\%f requires Council approval. e or ^5 I liii^ Property Owner Date Property Owner Date *************«**«******************.^** \t A '/VI.’) lf\.iLA. 'rL/^/Lo\y>,'r^oi1 (we)I (print name(s)](print address) have reviewed the plans for the proposed improvement or proposed “*e of property located at .'T^7 /fern also referred to as Land ore Application No. _____• 1 (we) understand that in executing this acknowledgement. 1 (we) am (are) to declare-approval or disapproval of the property or use but merely to confirm for the City Council ‘»/4 the improvement plans and that the proposed neighbor p D requires Council approval. - • fhnsLtijC,_ //fi /9 9 Date' I Property Owner \ ^ mm ^ m m fProperty Owner Date If you have any .information that may assist the City J=''® °f b«>Kd>A .............................. I^WllTiei ■■■ > ri I I I I I ITTI II Tif mi Irf I I tftTi II 'I Ifll' II fl . . w. Bonestroo Rosene Anderlik & Associates Ofto G PE W PE • Joicph C AndcM k, F£ MjAnn I Srwa'a P£ P<haftj E Turner. PE G»rnr ff Cook PE Tfxynas E No>ri. PE Rdbe«( G Scnun<hc. PE Saun M E&ffWi. C PA •Seoor Consuiranf Engineers & Architects October 14, 1992 M(%vafd A iinfcra P£ keth A Gc'^s^on P£ Poc^f* R Pfeffert PE Rich, Id W fo«er PE Dav<j O ictkora PE RoCea C Rjssek A f A Jerry A Bourdon. PE Mark A Han$on PE M<haei T Rautmann. PE Ted K F<W. PE T'xx^as R Arxiervon A ( a Donald C BurgaidL PE Thomas E ArK^tl PE !smae< Mar: re/ pe V<haet P Pau PE A;-esV AlCP Thcxnas W Peterson P£ M<haef C Lynch PE James R Ma»ar>d PE Jr'y O Per/vch PE Kenreyi P ArxJerson. PE Mam R Roifv PE Mark A Seo PE Gary W PE Dar>el J E^^^on PE Daryl iC itrschervnan. Pf Phii^ J Cas\%e« P£ Mark D VL^’-s PE Mies 9 Jensen P£ L «'r f, p Gra-.e* n P£ •Uim L W<emen. PE Gary D kr stcR<7 PE P TryJd Pjster PE ke th R Vapo PE Snawvn D Gustafson, f Ceciio O^'v.er PE Cnaries A Enckson Leo M Paweisty Hjfijn ,M C iOn James P Engesnarot Ms. Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Robert Koehnen Variance Our File No. 139-1773 Dear Jeanne: Subsequent to our site inspection we have prepared this letter to address our concerns. The applicant has repaired the existing garage on the property. The garage does not meet the current setback requirements and will need a variance. The applicant has also constructed a boulder wall that starts at the house and wraps northerly and westerly behind the garage. The wall is approximately 8 feet tall and is constructed with 2 to 3 foot diameter boulders. The wall functions as a gravity type retaining wall and has not been approved by an engineer. The City should be awar«^ that the wall constructed should not be approved by the City and that the wall represents a safety risk. The homeowner shoidd have the sole liability in the event of a failure. Any retaining wall with a height over 4 feet should be designed by an engineer to include a tie-back reinforcement and draintile behind the wall. The wall as it is constructed has a risk of buckling and collapsing. The three mature trees along the top of the wall will provide soil stability by means of their root base. The small immature trees between the wall and fence should be cut down, but the roots should remain for stability. Please contact me at this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. SDG:dh 2335 tWest Hlghw^ 36 • St. Paul, Minnesota 55113 • 612-636-4600 j \ i r t • To:Chaiiman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator II. VTcmi Date: Stephen Weckman, On-Site Systems Manager October 12, 1992 Subject: #1774 Edward Strickland, 735 North Ferndale Road Variance - Public Hearing Zoning District: RR-IB, Rural residential, 2 acre minimum Pertinent Ordinance - 1.Section 10.55, Subd. 8. Development prohibited within the flood plain and wetlands conservation area. Existing = 0 Proposed floating dock = 4,000 s.f. 2. Section 10.56, Subd. 7. Classification of public waters Lydiard Lake OHWL » 970.9* 3. Section 11.10, Subd. 21 (E). Flowage and conservation easements. 4. Section 9.58. Syrofoam dock flotation prohibition. List of Exhibits A B C D E F G H I J Application Property Owners List Plat Map Survey showing Drainage Easement Survey Enlargement with Nature Walk Cross Section of Nature Walk Letter Confirming OHWL Aerial Photo Flowage and Conservation Easement Flotation Devic^i Specifications Description of Request The applicant requests permission to construct a dock from the edge of the wetland to open water on Lydiard Lake. Tjie dock would be 490* long and stand on 4" x 4" posts, each on a "mud foot" (see Exhibit F). The sitting area would be at the edge of Lydiard Lake supported by a styrofoam flotation device which does conform to City Ordinance No. 103. The applicant requests a variance to install this dock to provide a removable nature walk which would provide chem with lake access not currently feasible due to wetland vegetation. li t i I liisiif 111 I ■ - rT-iSnam inSiSiaSiri Zoning File #1774 October 12, 1992 Page 2 The dock requires a variance as the entire wetland is included within a flowage and conservation easement entered into July 9, 1987 when the property was subdivided. Docks and piers are prohibited within the flowage and conservation easement area (Exhibit I). Hardship Statement The applicants own a riparian lot which is separated from Lydiard Lake by a large wetland area. They request permission to install a removable dock for use as a nature walk and access to Lake Lydiard. Isv ku. 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) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) ill' "H’ "frr jj a fl " PROPERTY INFORMATION Site Address CITY DF DRDNO FmHCE OFFICE 11^0200000 1 01 GEfi 175,00 CHECK TL 175-00 RECEIRT-WANK YOU H25‘J940 cool ROl Tll:5i 09/25/91 Property Identif. Number (P.I.D.) Attach legal description to application if not included on required survey. Date Property Acquired_ _ _ _ _ _ _ _ _ _ _ _ _(month/year) I (do)(do not) also own the adjacent parcels of land. Present use of property: residential _ _other(specify) Zoning District:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Phone (home) Name ST^^iCfcLv^MO Phone (wor)c) Address: ^73.NJ. P ^Cityt tjA VZxfT/4- Zip: ! OlINljni (if different than applicant) Name Pit Phone (home) Phone (worlc) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Constructjon Cost $ Describe request in detail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ i'i VARIANCES REQCTH’iD _ _ Lot Areu Setbac)c: Lot Width Lot Coverage Front Side Hardcover __ Rear _ _ Average La)ceshore Other (specify) HARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:_ _ _ _ _ I . ^ A-^f A 0 0^ ^ t ^i 4^0^ • II ‘I 1 (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be sulMnitted by the application deadline date in order for your application to be considered complete; 1. 2. Completed Application Form i • M ^ * • _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). 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*s”xll" for reproduction). 5. _ _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll'*). 6. _S)cetches 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 cf«»plete 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 c^rect to^h^^bast of^his/her knowledge. Applicant's Signature /J Date ^ ONNBRS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification oj^ this qanii** Owner's Signature Date 2L- 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 Coomd.ssion and Council. If an applicant is unable to attend a scheduled meeting, please m.ake arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ' .*r ;r •# ^ ^ yrtm t* .>•ti i •• ■ y DATA PRIVACY ADVISORY you to furnish certain private or confidential information. L„.. -You are notified that: 1. The information y*^u furnish will be used to determine your qualification for the permit or license requested, 2. You may refuse to supply data, but refusal may require that the City deny the permit -'r license. 3. The information may be shared with other local, state or federal agencies co the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. First '^Middle Ti^A rJig-f Last lO. PF^-£-^-) Address g-Q City State Zip ^2334 502Phone i . ■ , I~1B tfTi I ^ I --------- r-*- / r / mJN DATl 0^/Z^/^Z BATCH m HENNEPIN PROP ADDR ONNER NAME TAXPAYER NAME/ADDR SB 56-11B-2S n 0009 00635 FERNDAIE RD N L JACOBSON I V A 0*NEIU LARRY JACOBSON VICTORIA A O'NEILL 635 FERNOALE RD N ORONO MN 55391 PROP AOBR 0IB4ER NAME TAXPAYER NAME/ADDR 30 36-110-23 12 0007 00765 FERNOALE RD N JOHN A BERG A NANCY C DERG JOHN A A NANCY C BERG 765 FERNOALE RD N ORONO MN 55391 PROP ADDR ONNER NAME TAXPAYER NAME/ADDR 30 36-110-23 12 0013 00793 FERNOALE RD N PAUL H A VIRGINIA L PAUL N A VIRGINIA L 793 FERNOALE RD N HAYZATA MN 55391 BOYKE BOYKE PROP ADDR ONNER NAME TAXPAYER NAt€/ADDR SO 36-110-23 13 0001 00030 ADDRESS UNASSIGNEO NORHEST BANK MPLS TRUSTEE NORIIEST BK MPLS TRUSTEE TRUST OCPT BTH A MARQUETTE AVE MPLS MN 55679 y* I ^ • -<5> COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. P1635601 PAGE 10 30 36-110-23 11 0010 00665 FERNOALE RD N RICHARD E STRAND ETAL RICHARD E A JOAN M STRAND 665 NO FERNOALE RO HAYZATA MN 55391 30 36-110-23 12 0002 00725 FERNOALE RD N R A R MACLEOD RONALD C MACLEOD 725 N FERNOALE RD HAYZATA MN 55391 } 30 36-110-23 12 0000 00735 FERNOALE RD N MARGARET 0 PITTMAN ET AL E E A MARGARET 0 STRICKLAND 735 f ERNDALE RD N >;aYZATA MN 55391 30 36-110-25 12 0009 00030 ADDRESS UNASSIGNED JOHN A BERG A NANCY C BERG JOHN A A NANCY C BERG 765 FERNOALE RO N . ORONO MN 55391 30 36-110-23 12 0016 00795 FERNOALE RD N D R A D J FLATZ DOUGLAS R A DIANE J FLATZ 795 FERNOALE RD N HAYZATA MN 55391 30 36-110-23 12 0015 00038 ADDRESS UNASSIGNED PAUL H A VIRGINIA BOYKE TOTAL BATCH 006 00010 CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55325 ■hi.v . ' :• •• % . •• i . 1 ' • .V- ; ‘ 4 :.i • • V ■ ■ ■ • . • • • , \ y : It-1 Vi #: A ■ I X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE* REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPAR^MENJ OF PROPERJY TAXATIONp TO THE BEST OF MY KNOHLEDGE AND BELIEF DATE PARTMENT • 4 I * I V f ‘ ■fV' < i A V I * ^ ■ r » I- % « * » 1 • JLJ Tn1 . 1 f. 3S® 3^'J »• I. f 9. * • 4 • ^’1 « i ( ■* • A It ). '•i I • ;.^lt :.'i • «I • !*•iM it; ; ■ on‘09- 02 10:37 FAX 612 473 6002 ANCHOR SCIENTIFI ®001 FI.OWM'.K AND CONf^PRVATl ON FJVSFMRNT AND WAlVF.n OH DAHAGRS THIS INDENTURE, mfldo ond ontorcd into this 9thd>iy of tAx/ / nnd between «T, willinm nneJ Dorothy L. Cr»ioc| __ nncll'>87, by nnd between .T. wiiiinm nnci Dorothy L. Cr»iocT_______nncl heirs, .issTani, :irul successors [hercinattcr collectively referred to ns the Grnntor(s)l and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee). WITNESSBTR, Grantor(s), for and in consideration of the sum of One Dollar ($1,00) and other valuable consideration, hereby covenant, grant, oift, quit claim and convey to grantee the right to restrict and grantor(s) aor^e to limit and preclude the use, improvement and dove 1opnent, under the conditions and covenants herein contained, the followinc described Land in the County of Hennepin and State of Minnesota: ^ e as follows: The drainage easement shewn on the plat of Janet Acres. 1. Grantor(s) hereby covenant and agreo(s): A, No structures shall be constructed, erected, or placed upon, above, or beneath the Land includir* without limitation, fcnccj, fireplaces, steps, docks, piers, haracover or roads of any nature wh-atscover, or ary other structure or improvement inconsistent with the natural state of the Land. D. ?.’o trees, shrubs cr other vegetation shall be destroyed, cut or removed from the Land '*xcept as authorized by written consent of Grantee. C. No earth, loam, peat, oravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no drodnino or excavation of any nature wb«itsocver or any change of the topography of the Land without the written consent of Grantee. D. No soil, rand, aravel er other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No u*;.- sha 1 1 be made of the Land except uses, if any, which wil 1 not chann^ or al^or the natural condition of the Iiand, and no us^ which would tend to change the drali.Hoe, flood control, wator con se r **a t i on, erosion control, soil conservation, fish and wildlife habitat character i st ics shall be madt* of the Land or the water situated thereon. F. Grantee na* enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsi..tent with the covenants contained herein and the natural .-.tate of the Land. r } • ^ ni(t ouit cloim nnrl convey to GrnnfC, a . qi f t • q privilege to trerr^r.s with 1.,,.......-,1 flowncio o.^^:enent ‘ r,,Ur oVrr an.1 »po.. ..ny ol i.! 1 cf ‘h®................. :.. Ornntor(sl herein rto hereby^f“|tion c/°;n7l?;.‘S;y n;« an ;,Yc7;'.v oV .«ru'e’ b°; vfr“u. nscp*'*'- • . ......an.-a J:d 7ct7rlc%"ion^ c%7tainSa"h/r:T^7a/7. e°nYc7cVa b^^nT.-^io^* _i_hnvo anv intcrea ana — ,:„ ,ne abo “;rf/nl ’br v"nri:Ti'^ t‘b7s ‘ i^^77t7ri%77i‘har\^%%r'cx7c\7%% hereinabove set forth.C SCw 104 wil« ..e ana ‘iL^b'e-n‘ ana bina bSi V.7r%7\«7ces«7s7 .^p^Vsc7r71^» rosp'^ctivc parties hereto. i...t% »{/x-- j..William Crann STATK OF MlS’SESOrA > ) 55 S • COUNTY cr HENNEPIN I oorothy i»» cifsqq , 1987 before me a y2trry%unTc^'KF:^n-a7oV7anrcoun.Y}7l,St»te^^^ •hat he (they! oxceutea the 5a*e asm. ‘ mM H MCNfUtll IfMBi wiMw w»uc ■ Mwi<«n i NOTARV PUL'LIC MY CJHMlSSJUN EXPxPE^ Th:« instrument .^fman s DOTY, LTD.PCPHAM, HAIK, PCHNOBRICH. KAUFMAN ‘ fl IDS Center. Minneapolis, ^.N 2) 335-9331 43 (61 iilMiiiilMMilli niiri-illllliili £ r POPHAM.H aih . ScHNOB»^iC« & K aufman . 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AWCA rAAOw •. •0HI«*»O«0 • A.Af ^ow.C A. «-o*4AA a —aw AI** • «*m.00H A.AlAtf M.C-A0I P.e-« ••€ 14AA-0 ■•.©••OAAt • r* C'O »®"AfOA ^fV»A0« a ^TA-AAB A. ftAl*- • •••€»• ^ C^'AAOkA^ • *WC8 ••. k**^k8 MA»« 9, AI*W«a A • •«•• t.CAAA**®*® BAVO A,«*B0 A MAAA wAW ff.BAAOA ,|0«A •« BBOvO • •t«OB« B. ••0*CAf • «*%%IA«0 >A« ffBBAtlCC A, COt^tiAO B VA«B • ••AA ••. B«*«* • •t tOBA A. • •• • ma A^A A,0Vk%«*«* 0» f*^v400% • •0B ..AB 334-2549 August 19, 199“^ Ms. JsannA Mabusth City of Orono Post OfflcA Bo* 66 Crystal Bay, MJl 55323 AVc 2 0 Rat Plat Filing Osar J»annat Tha following Is flHno Inforwatlon on pX^tn r«e#ntly fllA'I on proparty In th# City of Oror.o. Liberty Acr**a Saconl A Hit ion ••solution Mo. 2207 and °^y*'R^cord*r% Offlc# on Addition wra fllad In ;;So?utlon is #5204020 July 6. 1987. Th* docun-nt nu-ib, r f- tn. and^for th« plat, #5294021. ■Urn 4J .Tan^t Arr»^ ... 77X3. —W.r. 'tt.-l wirh * »oU...i ...olutio’'3hrr;,,j:n'4rrT:r-"i55<'«r,v' • S306716? • ron?«#rv^t ion rUclunitton of Prlvuti^ po^^ - tO06..^. 1 ti&Adla imitB jlilArt \rm I W I • « '* ! ^ ; J TRILOGY MARINE PERMA-FLOAT FLOTATION DRUMS GET MORE BUOYANCY FOR YOUR BUCK I 4 r 12"x18"x49” SUPPORTS 345 # I'■' -lii iV Kl U.p.s. SHlPPASLt PERMA-FLOAT is rptatlonaify molded from durabta blsek polyothylono. Flllod with urethane foam for Strength and buoyancy. Not affected by oil, gas, salt water or sunlight. Ruffoetl, heavv-duty ribbed H&sign ior Improved support. Won’t sink even If severely damaged^ rs Floats can be bolted together up* right and wl/l double capacity using the same, cast-ln, hole spacing. i i Or bolted together flat to span 3' widths. TRILOGY MARINE PRODUCTS 900 North Chapel Street Louisville, Ohio 44641 216-878-1763 800*FLOATS »»l«> ••• M* .. 0 • • “ “ n Ae la 4S-i/t*bO Ca i3 f t*OC 0. V90 I • tf.r^ 0* 1'tVX He ll'M' 4 p hgiei a tiV* t t*i4' »»li.WPi^l »n'lW» MAn-w* Ph OWCT# 00 NOT (CALC ORAWINO * a • #• $ 0P m « ^ To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator 1^- From: Date: Jeanne A. Mabusth, Building & Zoning Administrator October 15, 1992 Subject: #1775 Robert G. Luesse, 3249 Casco Circle -* Variances - Public Hearing Pertinent Ordinances Section 10.03, Subd. 9 (D) - Street setback for proposed detached garage. Required « 30* Proposed ■ 20' Variance * 10* or 33,3% Section 10.03, Subd. 15 (P) - A. Side setback for proposed garage at 704 s.f. Required » 10' Proposed ■ 5' Variance « 5' or 50% B.Side setback raxiance approval required for major structural repairs of non-conforming accessory structure located 3' from side lo.. line. Required * 10' Existing «• 3' Proposed » 3' Variance * 7' or 70% Section 10.22, Subd. 1 (B) - Average lakeshore setback required for proposf'd lakeside addition to existing residence that encroaches into average lakeshore setback area by 15*f '. Section 10.25, Subd. 6 (B) - Principal structure addition requires side yard setback variance. Required « 10' Existing *= 6' Proposed ■ 6' Variance - 4^ or 40% Section 10.03, Subd. 14 (C) - Lot coverage variance. Total lotarea « 12,778 s.f. Allowed » 1,916.7 s.f. or 15% Existing * 2,188 s.f. or 17.1% Proposed *= 3,512 s.f. or 27.4% Variance = 1,595.3 s.f. or 12.4% .. . . .. ’ A Zoning Pile #1775 October 15, 1992 Page 2 Section 10.22, Subd. 2 (A) - Hardcover review A. 0-75' setback area = 4,125 s.f. Allowed = 0 Existing = 1,010 s.f. or 24.5% No change proposed in 0-75* setback area B.75-250' setback area = 11,200 s.f. Existing = 2,940 s.f. or 26.25% Proposed = 4,164 s.f. or 37.2% Variance or increase in hardcover =1,224 s.f. or 10.9% C.250-500' setback area » 568 s.f. Existing = 184 s.f. or 32.4% No changes in hardcover proposed within the setback area List of A • B • C D • E • F • G • H • I • J • K • L • 4 I ibits Application Plat Map Property Owners List Applicant's Addendum Neighbor's Acknowledgment Forms Approval or Disapproval Letters from Neighbors Survey Proposed Site Plan Hardcover Map 1-5 Hardcover Fact Sheet Garage Elevation Elevations - Workshop/House Addition Description of Request In 1983 applicant received conceptual approval from the Council for multiple variances involving a 10'x38 ‘ addition to the lakeside of the house and a two stall garage to be attached to the existing non- conforming accessory structure located within 3' of the northside lot line. Mr. Luesse never continued with the application as he perceived a problem with having an approval resolution filed in the chain of title that would place limits on future development of the substandard property. The current application involves a request to install a 32'x22' detached garage. Major structural improvements of the existing accessory structure, an 8'xlO' greenhouse addition to the accessory structure, and a 36'xl5' upper level year round enclosed porch addition to the lakeside of the existing residence. The porch addition will extend 5' beyond the existing roofed deck. All proposed improvements require setback variances. The principal structure addition requires an average lakeshore setback and side setback variance; the existing accessory structure approval of an existing side setback variance and the proposed detached garage at 704 Zoning Pile #1775 October 15, 1992 Page 3 s.f. in area, side and street setback variances. The proposed improvements on the property result in a 10.3% increase in structural coverage of the property (lot coverage variance 12.4%). Hardcover in the 75-250' setback area has been increased 10.9% (final hardcover at 37.2%). Mr. Luesse had originally proposed a second story over the existing detached garage but because of his neighbor's opposition to the improvement he has amended the proposal to now just include a new roof to match the roof of the proposed detached garage. Note the turnaround and extended drive are located within the unimproved right-of-way of Casco Circle. Public Works; Director must approve the expanded use within the unimproved right-of-way. It is typical that the City asks for a hold-harmless agreement for such private improvements located within right-of-ways. It should also be noted for the record that existing improvements within unimproved public right-of-way shall never deter the proposed upgrading of the roadway. Issues for consideration 1.What existing structural improvements can be reduced or removed within the 0-75' or 75-250* setback area? 2.What non-'Structural hardcover improvements can be removed or reduced? Mr. Luesse's addendum notes that no landscape areas are underlain with plastic. What other non-structural improvements can be considered for removal and accomplish a reduction in the 75-250* setback? What of the 0-75' setback area? Refer to Exhibits I and J 1-5. 3.Structural improvements are listed as follows for lot coverage consideration? Dock storage structure = 168 s.f. or 1.3% Lakeside deck = 192 s.f. or 1.5% Existing residence “ 864 s.f. or 6.8% Addition to residence = 540 s.f. or 4.2% Existing detached accessory structure » BOO s.f. or 4.7% Greenhouse addition » 80 s.f. or .6% Proposed Garage » 704 s.f. or 5.5% 4.Whe.t kinds of controls should be placed on the future use of work shop structure? Is it heated? Does it contain plumbing? Is the structure currently insulated or proposed to be insulated? Stateaent of Hardship Please refer to Exhibit D, Mr. Luesse's written statement. Zoning File #17-»5 October 15, 1992 CITY OP ORONO - VARIANCE APPLICATION uIT ■V •> *,• ' • /* • ♦. .J' ,7 D Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 32.4*1 ClttCLC._ _ _ _ _ _ _ _ _ _ _ __ Property Mentif. Number (P.l.P.)3g zo-"7-23 43 0006 Attach legal description to application if not included on required survey, Date Property Acquired ■S'aMrnga. I*?93 (month/year) I (^)(do not) also own the adjacent parcels of land. Present use of property: K residential _ _^other(specify) Zoning District. LK^'/C PAM/L't CITY OF DROHQ FiiJAHCF - : wv 01 CSi 175.00 CHECK TL 175. QC HECElRT-TtmK YOU H253950 CQOl TiOl 712: 09/25/ APPLICANT 1^0e>e./tT 6/ LtAB9^!^Name Phone (home) ^Z./^__ Phone (work) ^^73' SO2.9 Address: 32.4^ CA^o CIRCLE. citv: O^of^o Zip:_ff;?^ E.ONNBR (if different than applicant) Name _ _ _ _ __ Phone (home) Phone (work) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in details New 3 e*n - *bP z.<iS »rer.v and (ati1Ee.Nt4C0 9e. Tt> tOOi^K^Hop — £k Pan 0 - S.f^C.COf>e. PoK.CJf VARIANCES REQUIRED Lot Area Lot Width y Setback: X Front ^ Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:- - - - (^o° SuePe ^TKocTun-A To Aeca.^? AWP use LAK£~_______ — lMrK.oi/6MexT*. -Bqiut To &ere»>cK awo H6 .w>cewCft. No Ae»OiTMSiHAU UAKO AvlAVUKpUg. TO A«P ^er*TPt.iAKCe_________________ ' JJ..r •? < (attach additional^^slieetaJi'f. necessary);V. /'iu-r / • .:u= s“:.2."'.is". ss s::;: 348-3271). 3 X Plat Map (obtained with property owners list). i 4. “certificate of survey (signed by a licensed S^-xir* for - -hardcover calculations as required (provide one (1) copy Sh xll for 5. AiA Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provxde one copy pw-xll") 6 X. Sketches or plans of floor 6 elevation views (provide 1 copy 8*j xll J. v’.TJT'as an addendum to this application, please attach a separate list o any other persons you wish notified of this application, e,_ _^Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. remember that vour variance applicatiop is not—ciaspletg—i e ■infoTMtion has not been included. time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date 9~7.S~‘1Z. IS S16HKTDIIB The owner hereby ackowledges and agrees to this tion and verification of this request. A Date _Owner's Signature Applicant must have all submittals into the City the Planning Commission Meeting. Planning Commission Meetii^s arePlanning uommiBBion neeuj.*ay. ar---------------- .ohednled third Monday of each month. Applicants must P*^®f applicant iss:;;: rssr. authorized agent attend in your place and to advrse the Building s Zoning Office of this change prior to the meeting. RUN om OV21/W HENNEPIN BATCH 005 PROP AODR OIBCR NANE TAXPAYER NANE/AOOR SO 20-117-tS AE OOSl OSAOA IVY PL G LHIUXREN A S L HlLllRlN guy l hxlliren SAM IVY PL HAYZATA m 55SY1 PROP AOOR OMCR NAME TAXPAYER NAHE/AOOR SO E0-117-ES AJ 0000 0S2AA CASCO CXR R G LUESSE ETAL ROBERT LUESSE CASCO POINT RO NAYZATA Itl 55SYI ' * • PROP AOOR OHICR NAME taxpayer NANE/AOOR AS 0015 CIR A P 0 SPILSETH ., ILSETIK^ ] ; :0 CIRCLE HAYZAT/( 55SA1 38 20-117-23 42 0015 3271 CASCO CIR PATRICK J MEUVILLE PATRICK 0 NEUVILLE 3271 CASCO CIR MAYZATA MN 55391 K, • * r 0 COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST y SO 20-117-Z5 AS 0006 0SA66 IVY PL ■ E F GARNER ETAL E F GARNER SA66 IVY PL NAYZATA MN 55SA1 SO Z0-117-25-AS 0000 0SEA7 CASCO CIR KURT CARLSON A HIFE KURT A LUCILLE CARLSON SZA7 CASCO CIR HAYZATA rtl 55S91 SB Z0-1I7-ZS AS OOSl OOOSO ADDRESS ^ASSIGNED THE CASCO CO THE CASCO COMPANY ROBERT 0 MACMIE S1S5 CASCO CIR iUYZATA MN 55391 REPORT MO. PIAS5A01 PAGE . 0 Z' SO Z0-I17-2S AS 0007 0S251 CASCO CIR JOHN R OIEGRE ETAL JOHN R DIEGRE SZ51 CASCO CIR HAYZATA MN 5559X \/SO Z0-I17-2S 4s 0010 OSZAS CASCO CIR JAMES H RICHARDS A NIFE JAMES H RICHARDS ■ SZAS CASCO CIRCLE HAYZATA W 55S91 TOTAL BATCH i •005 00000 » • } ; • V I T , V ■ i»: *' ! v !-v; ii. • i* ■ * ••A I .*• 1 cMtuY t«*T tw J!|.S JS'mcow* : OF HY KMOHLEOGE ANO BELIEF. ‘ I - ‘A i '■ A:\ •' Ai,i ' iH 1 :'. l ’ ■ ij- •T . f Variance Application #1775 R. G. Luesse - 3249 Casco Circle, Orono I would like to offer the following comments in support of the variance application before you. House We purchased this property and built our homestead nearly 40 years ago before the current ordinance limitations. The sideyard setbacks were 5 ft. and garages were still being built with no setback from the street. Half-acre zoning and hard cover limits didn't exist. We bought a standard lot on which we built the size house we could afford at the time. Our house has a very small footprint (864 sq. ft.). We utilize the full walkout for bedrooms and bath which provided 3 small bedrooms for a family with 4 children. We made this work by utilizing the concrete block building that came with the lot for all our storage. One might expect that with the children gone we would need less space. Not so. Our extended family now involves 4 families, 8 grandchildren and 3 great grandchildren. We now need more elbow room than when we were a single unit. In addition Mrs. Luesse and I both have more time to pursue our hobbies. Mrs. Luesse is an accomplished basket maker and quilt designer. A handmade quilt in a frame for quilting requires a room approximately 15 feet square. Our new all-weather porch will serve that purpose well. Workshop Except for construction of the original cabinetry for the house the concrete building has been used mostly for storage and garden supplies. With retirement near, I expect to pursue my woodworking hobby in winter and gardening in summer. I have a vintage wood sailboat to restore that was custom designed and built by Joseph Pringle in St. Paul early in this century. I have the original gaff rigging including top sail. I also have a wood and canvas guide canoe from Shell Lake, Wisconsin which is also nearly 80 years old. For these restorations. I’ll need a sizable work space. Greenhouse My summers are fully occupied with gardening. With chemically treated food becoming a serious threat to health, I try to grow a variety of fruits and vegetables myself. Some things need the benefit of early sprouting to enable 1 I / Lakeshore Zone 0 - 75' This lakefront has a very steep slope to the water s edge. Access to the lake requires a continuous stair to a landing at the water's edge which serves as dock storage in winter. About one-fourth of the way down the hill (hidden from neighbors' houses and lake shore) we have an open deck that is our only usable lakefront. This deck and the stair are elevated enough to permit plant growth beneatii. The entire steep slope has been treated to prevent erosion. A series of timber and/or field stone retaining walls hold the hill in place. I continue to experiment with plantings that will grow in the shade^ have aggressive root systems and serve to slow down the runoff. Our efforts have been very effective. We haven't had any visible erosion in the 38 years we've lived here. Properties immediately adjacent on both sides have each had two major mud slides during that period where large segments of their hillside slid into the water. The next properties adjacent to those have each had one mud slide in that period - washing out stairs and covering the beach area with mud. Hardcover The hard cover on the buildable zone (75 to 250’) already exceeds the ordinance limit. This circumstance has been mitigaied substantially by the way the property has been graded. Starting at the top of the steep slope near the lake, the lot continues to rise another 15 feet to the street (Casco Circle). Before we built this was a continuous slope toward the southeast. By judicious grading, I have established three separate and nearly flat plateaus which are mostly lawn and plantings. This retards the fast runoff that would otherwise occur. In addition, I am a proponent of organic gardening. I haven ’t applied fertilizer or weed killer to my lawn and garden for years. Instead, I use composted yard and garden refuse and sphagnum peatmoss to condition the soil and hand labor to control the weeds. I do not use plastic sheeting or fabric for weed control in my landscaping. I am making a concerted effort to protect the lake and to enhance the environment. Conclusion As we celebrate our 45th wedding anniversary this year, we are trying to prepare the property to serv’e us in our retirement years. We sincerely thank you for considering the special circumstance presented herein. •J I 1 (we) Adjacent Property Ovmers' AcJcnowledgeoent Form • ^ Vxx<^\W^ of 1 v4X< c* f p» [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the pj^operty located at also referred to as Land Use Application No. ______. I (we) understand that in executing this ac)cnowledgement, I (we) am (are) not as)ced to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. *5- 5JL. Property Owner Date -y 1- S'- ^ z_ Property Owner Date I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. ______. I (we) understand that in executing this ac)cnowledgement» I (we) am (are) not as)ced to declare-approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's pro jec^ or use requires Council approval. rz kLj o Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application^ please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ■i i -..................... Adjacent Property Owners' Acknowledgement Form I (we)S ^' y c Iprint name(s}][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at Cs%e.o zC/^c/^also referred to as Land Use Application No. _____. I (we) understand that in executing this ac)cnowledgementr I (we) am (are) not as)ced to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. .. ^ — Property Owner Date Property Owner Date I (we) \i (bHfJ p of CaSCc^ Cl(2-Gc4 print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at elso referred to as Land Use Application No. _ _ _. I (we) understand that in executing this ac)cnowledgement# I (we) am (are) not asked to declare ^approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date If you have any information that may assist the City in the review of this Land Use Applicationr please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. i '1. I (we) Adjacent Property Owners' AcJcnowledgement Form ^ X.c/cVcfc/w of -X-V/*V (print name(s)] P (print address] have reviewed the plans for the, proposed ^improvement or proposed use property located at 3^*/f CAScp Q/ColA. also referred to as Li Application No. _ _ _• of the Land Use I (we) understand that in executing this ac)cnowledgement, I (we) am (are) not as)ced to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property owner Date Property Owne Date I (we)(i^^/otr <tT /^IsuiJ/co^ (print name(s)](print address] have reviewed the plans for the proposed impr<^ement or proposed use of the property located at referred to as Land Use Application No. _ _ _. I (we) understand that in executing this ac)cnowledgement, I (we) am (are) not as)ced to declare-approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. i •.«j Property Owner Date If you have any information that may assist the City in the this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. .. » . .ta.' ■I<*fn I - - - - - - - - - - - -- - - - - - - - - - - ■i Adjacent Property Owners' Ac)cnowledgement Form ^(we) —Cfit^CS^l Ci^f [print 'naune(s)'] 1 1r' [print address] 0 have reviewed the plans for the proposed improvement or proposed use of the property located afc CA^fs C aQ. also referred to as Land Use Application No* I"7^ [we) understand that in executing this acknowledgement , *.*^we) am (are) not asked to uc'^lare approval or disapproval of the property or use but merely to confirm for the City Council that X (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Qr^A/WtLyyfeu property Ov^er ' ^4 Date I (we) [print name(s) ][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at_________________________also referred to as Land Use Application No. _____. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare-approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. k Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. ; I w Mi l ■ ^ r -•t . I * i • ‘ 1' r f;L,*, - • - r.i ^/T7S CF tSpo'-jQ Mi<€- To • .*. . .z.-- . • • ■ r . » ©GT. GUJ{Ote.»'2.^ -1- UJOUc.?^ u-T^fJp V/Sc. <5-AT(O fJ \ 77^ Ui^,Tw 'S^^^ncT Tci -rt{£ ^£cc(^r^ Src^fZ-y'fo^^ 6£ Abt)£r^ To 1K£ 'b£rATCH£n) tiJOrs-K^ao,^. X Tt4(NiK if- yoo wj£|2.£ -fci iH5p€-.cL^ 'tC4iS iriii' ^rsSxsis,.r;.\' ?r„?5.K , Or'f^O€0^'^ ojout-b HAl<--£ oTAfJt:) sreoc.T-0(!-i a JojSc C A-S sSiWC-tlUO °o» s,c~ «'iy l5 y«“" 1 “ f";r *i-AOL•T«^^^ l\ ^ 4rr2-At^ »A-siY -hurvirz-t. CR- i<£.ec.v^^TaMC.-^«u. -me, f*»^cLtM«N y ( I •Su-f.ATu(7-r pdt^eN"^''^ 'To He Amo 'h^v oIa. fc. /^4r^.-e 6^cy ^(U^\ OJ^^^t CT ^J\in Lu£:5S£ ufA<^ THe p0(^£?6rc^ i-0(Z_ ^<AvsTo ct>UA‘. u>A^ r (.UAS -3fCo^.o -^rl''.^." 6^-r c.og^r,6<J r»€'i^P ‘“ CiiNi^Y f2-(jd(. im6- a -:> j <r-,^- -r c-^v. 'r <4£cP s -r '^PeCuOAr^A TU.A” HA'^Bc wC <->-c £6C'',<(^‘47-^.^ i' /^oc'or'Ac.^te Ap4.-rKt-Mr er- trY^c:r-.o^^. Uj^ \<E'Spfcc.rf ucv y \HAr tve } : ApY'^■( c* AT^ c. r-i .A'5> pc t' ^ ^ j TrVi Crt-TtMOA t-;. (-M^*'='“ , ^Si'i CA3CC Tiric-cr o y^,V'/vv<^ Z' /f^« ^ A —'r:c // hK Ut . «>«l —»*-*-‘1hii*ti riTrr n f- i ■ • * nr^r^t tf ^ <! I •f Jl^•; ;f:i i \J F.r. ?V.r C/ A*/Li/^ //“ 'L^cp^T B^^7 &Ad^, \ ♦, r ---------------....-------------'H.; :i ^1 r / / t * •/ V ' **s / * ^tdl/LO f — — # .hiLM ^riyyt^i fo f/UL M'6UUa/i'\CJbO Hktl^ MJL. .kt^^M iUljL(^^ <ri:-.*v6 (UhJdijL }y r-:- 7 u -- • fj r -* .^ # «<•! •ii;f ; M o y * •»w % *• •*•*• v*s ____nil fc~fc iii—^ ^^LMi •>-'•» ------- — ■ ■■»r >-nt fH-irf<tr^<wa^'i. TWflti-rn1.,__J yI r.[CRVOPatom 1 dlSdO^^ .w ^lO\‘ 5Z43 Ca<a^ C(>,.........fOCTt '9 1992 II I 0\ •» »•*> JQcC^ »«• . • • ••• I; 1775 3i-44 ^Wto <3js' L-. _~)V\IU /^Lu2^<t<^’ •4-d-<3 7v-e# -- -««• • * • •_3Uo .* ittlfii rrfi^iii iTi~ r ( • t HARDCOVER CALCULATION WORKSHEET Existing H ardcover in Zone A. H ouse LENGTH B. Garage c. D riveway • n. mgWALK r •r'— ' - X /’S'= f ^3^S.F. (D stair . To /'' X « nZ'S.F. LAL£1 1X____1S f ^ y $S § F • Ia=hW D eck —/2^m .S.F. (g) V^3Ck. STeRKGE.- >y /2-/CS’ F.Landscape X m S.F. AREAS UNDERLAIN BY ,X 8 S.F. PLASTIC SHEETING X • • • S • F • LANt>5^^^pE X • m S.F. ti?04(0N COI^TI^Ol- G. Other -7- O •- -- X • j' _ 2. S t F • •• Total Harbcover in Zone . S.F. Total Ppnppprv Area in Zone # ‘ ^S.F. A 4 B Y 100 - ' A B ' •* ‘V 0-75^ 75-250' 250-500' • X = 500-1000' S.F. width X = •S.F.;V X *S.F. / ■ ^ * ' «• V X »S.F. A * '■ r*«v.X _ . «S.F. X *S.F. fj '^*13 X =S.F. X S.F. i -■>— ■ 1 HARDCOVER CALCULATION WORKSHEET O SETBACK ZONE: (CIRCLE ONE) 0-75' (75-250*') 250-500' 500-1000' Existing H ardcover in Zone Total H ardcover in Zone Total Property A rea in Zonl 4-0 s,F. S.F. A B @ A H ousf 2 6'X z s S.F. tfPSN PtfRcH LENGTH X WIDTH fO S.F.t X • • S.F. ©wo»u<. SWOP O X 7k /o G>0 S.F.' • ■ "'“m• • * 1 X S.F.^■-:v B.Garage .X S.F.i:v-i • ® C,Dr I YEWA.Y z o - X _7~0 H S.F. r %• .-•V X 8 S.F. • • • i ’yxfr r?/ T '-'^‘1 (§) 3. 0 SI DiWLK //^X 6 ^7. n S.F. ITR'^ H.OHM O/ALL-^/30 X c ' ^ /8 /S.F. (j^ r 5Tc»Ne 7_AC. Vso /o X <—>O /S.F. E. © @ V f.L *ATI0/ Deck av X g.s'••70^S.F. OAL.US ^NDSCAPE . - Z:? o K X / •9 . ■2.0 S.F. AREAS UNDERLAIN BY ,X .S • Ft PLASTIC SHEETING X • • S.F. X 8 • S t F • • 6. Other X S.F. A • A B ___________ X 100 -2.<Z>.iS- % ♦ r i • HARDCOVER CALCULATION WORKSHEET _ : ZONE: (circle one) 0-75' (^5-250^ Existing Hardcover in Zone 1 ■® A. (§) (5^ Afe' II Hftllfie 3 HH& Po/?>CH LENGTH /6> 2«=>X . WIDTH /O /•y sa 3 oo ^ » . h 1 • S.F. 1 • • U '*/ 6 X _ /*S S.F. IV6»IK SHOP S O 6 X - ! 2 f O 9¥o &0 S.F. © B. (Ja) C. 6Betw Ui^tjce.5 X _fO So S.F. 5 Garage B2L X _^ z..lo<4 S.F. r 1 D riveway 2 3 • X _z o ¥(oo S.F.! , [.X _s S.F. i 1 i 1 ' '(§) D‘ 0© QD Sidewalk 115 X _4 S.F. . 8.'2‘T /^e>-X _ (,.5 /s 9¥ S.F.Mf'/5 X 3 S.F. • Jatio/ D eck Z*/X ■i .Zo*f-S.F. • (iS) F.Landscape . ~ 2o 3 X / 3 zo S t F • AREAS underlain BY ,X _a S • F # APLASTIC SHEETING G. Other Total Hardcover in Zone Total Property Area in Zone S.F. S • F» S.F. S.F. S.F. V'V -V B X 100 3^.<S % 10 % 1 iiiiliiiii ji HARDCOVES CALCULATION HORKSKEET _ _ SETBACK ZONE: (CIRCLE cne) 0-75' 75^250' (2^-500^ 500-1000 Existing Hardcover in Zone A. House B. Garage (g) c. Driveway E.Patio/Deck F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING 6. Other LENGTH D. Sidewalk 8 x width 20 Total Hardcover in Zone Total Property Area in Zone tc^o S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. - S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F S.F.B B X 100 32*^% ^rigri-AOT iTilTl f ^ - ■ ■ -Ti^. T ii ~iniMl Tti ■ 1i ^t ir*-Vi'grn%flr^nif- V f M I A A - ^ ^ T» •tr. HARDCOVER CALCULATION WORKSHEET - - - SETBACK ZONE; (CIRCLE ONE) 0-75' 75-250'^250-500^ 500-1000 Existing Hardcover in Zone • • A. • HfMfSr X S S.F. length X WIDTH • •S.F. X _ • • S.F. m ••X «s S.F. X S.F. B. c. : X S.F. nDTVFUAY ^X Z-O t S.F. X sIf. D. '^rnPWAi X S X 3 2Jf S.F. X • S.F. X „S.F. E.Jatio/Deck X S • F • e. 1 AMnf^rAPP X m •S • F t AREAS UNDERLAIN ov X _as S.Fi PLASTIC SHEETING •X • • • S.F. X • S.F. • 6. Other X S.F.• Total Hardcover in Zone I4H- Total Property Area in Zone S.F. S.F. A I 6 X 100 3z.y % \f\ fV \vll a •• j ' '*••: 3 •7p C , ^ I •. j iianri /V ^ ^ ■ ■• c - • - ' •'»' : ^ '■ :t-^ _ .1 A'T'.■ i's. ,., V' ■ ■ •., . 1',. Ik- *Jt ' f ■' ^ ■' ■ ■'■ n f -j ■•■-=■• tif______• --- «. , ijJ I l iVnfliJi^l Titil ’ r:T r, tia ■ tyjff i rr—::- r'^,'5 ^•'->. T r.'.mmi^:1" ■•.. .I.WUTO - .Tk-»i • SUSSEL ■ ?*/ * y H 5»1 .LT’-:? • ! a J W^' iHtr' ffT^^ f t ^ . y • ' ' -tr* ^ * • ■ "»-» J. ^ *“• ’a i!^/jn]fr.< “•’AW1 » f I F^f-' hir*^ I .* }• ■^ •r^' ——- ^ ,., V*-.- ' * - *f • ••♦.f •• ^ It r /3 To Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator Froa:Stephen Weckman, On-Site Systems Manager Date:October 15, 1992 Subject: #1776 P.obyn Stewart, 370 Leaf Street - Variance Public Hearing Zoning District: RR-IB, Rural residential, 2 acre minimum Pertinent Ordinance 1. 2. Section 10.28, Subd. 3 (A) - Conditional uses. Section 10.20. R-IA, One family residential district. Subd. 3 (M). Animals. The keeping of horses for non commercial purposes requires a minimum of 3 acres, 2 acres of which must be open pasture. Proposed pasture = 4 acres (adjacent) Home site » 1 acre Subd. 3 (N). Stables and barns - Private. Use of an accessory building for keeping animals shall be located greater than 150* from the nearest adjacent residence and no closer than 75* from the nearest lot line. Proposed barn Lot line « 75* Nearest residence 160 3.Section 10.03, Subd. 9 (D). No accessory building shall be located near the front or street lot line within the principal building. Proposed variance List of Exhibits A B C D E P G Application Property Ovmers List Plat Map Survey with Proposed Improvements Letter from Herman Laue Letter from Neighboring Homeowners Septic System Memo 'i iTlai - ^ .-'-'T'". . Zoning File #1776 October 15, 1992 Page 2 Description of Request The applicant requests permission to install a barn and fencing lor the keeping of two horses on her 1.5 acre parcel and the neighbor's 4 acre parcel, Herman Laue, owner of the adjacent 4 acre parcel, has provided a written letter indicating that the applicant may use his acreage to pasture the two horses (Exhibit E). The applicant plans to install a 12' x 16* barn 75' from the east lot line and approximately 30' north of the existing driveway (Exhibit D). A fence would be constructed from the northeast and southeast corners of the barn eastward to the adjacent 4 acre parcel. The adjacent 4 acre parcel is currently fenced with steel poles and barbed wire fencing. The properties are both located within the RR-IB zoning district which allows the keeping of horses for non-commercial purposes as a conditional use. The conditional use is contingent on the owner possessing a minimum of 3 acres. One acre is required for the home site and 2 acres must be open pasture area. Also, any stable or barn must remain at least 75' from any lot line and 150' from the nearest neighboring residence. The applicant's 1.5 acres is not sufficient to meet the requirements for the conditonal use. At best she could provide .8 acres of pasture by enclosing an area north of the driveway to the the property lines. She also would still require a variance in order to place the barn closer to the front yard lot line than the principal dwelling. By acquiring the use of the neighboring 4 acres, the pasture area would be sufficient for the two horses and would encroach less on neighboring residences. The applicant has an existing failing septic system with the drainfield crossing underneath the proposed pasture area. The system surface discharge^-; occasionally approximately 25' from the proposed pasture area which poses a potential health hazard. Surface discharge was first noted on a May 2, 1991 inspection and repairs were requested. Due to the approval of the Stubbs Bay Sanitary Sewer Project, repairs were delayed until the hookup to City sewer could be made. Until hookup is made, the owner is required to pump out the system as often as necessary in order to prevent surface discharge (see Exhibit G). During a site inspection on October 14, 1992, the system was observed discharging effluent to the surface at which time the owner was asked to pump out the system. The applicant did call and indicate that the tanks have since been pumped. A letter has been received from Lee and Jane Behrman, Kathy Anderson and Henry Furchner of 340, 398 and 360 Leaf Street respectively, requesting the denial of this variance request. Several concerns are noted by these neighboring residents including the proximity to existing dwellings, lot size, and the V j k Zoning File #1776 October 15, 1992 Page 3 Hardship Statement The applicant does not own sufficient acreage for the keeping of horses, however she has been allowed to lease sufficient acreage to pasture the horses. Planning Commission should consider whether the facts of this request adequately provide a hardship. Isv 1 ’ \ 4 I "i irfMaiTi * I f «iii f 11 7^'- C'lTY OP ORONO - VARIANCE APPLICATION // ; Initial Application Fee $175.00 {$50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) i V r •‘f O i JT j' usavil F'WAHCE OFFICE A w ww 75. f property location Site Address f^'9‘0 n 1 rc\i ri 75. t RECEIPT-THAf^K YOU #25j?S ’(? .Wi 7i509/2t Property Identification Number (P.I.D.) APPLICANT Name Rnbvn fy\*^7^uja cT Attach legal description to application if not included on required survey. _ _ _ _ _ _ Phone (home) _ _ Phone cm OF DfdM} f/.VACt OFFICE 13S0200000 01 CEH 75,C _______25.C uo.cStSL- 5.0 RECEIFT-lim YOU Address ..■^yY) ^t. City: Pro/7a— OWNER (if different than applicant) Name _ _ _ _ _ __ _ _ _ _ Phone (home) Phone (wor)c) Address:City: VfV.l. Date Property Acquired fT4 CITY OF ^Auffw —Fimet^icE 1150200000 {month/year )0i CEH 25,ik ' CASH 7L 25.(R f^rFTPT^THMK YtXI I (do) (do not) also own the adjacent parcels of land. H254430 COOIROI T15 Wol PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe Estimated Construction Cost $ ^00 * QO request in t n (t hA n Ihul-fY M nfn-rfi> /-.pi /ni/ mil! t-i. rOfJSt VARIANCES REQUIRED Area c3CoPi^ot Width Hardcover Setback Variances (Front Side Rear)' Other f rAharfcV.Ma MKMi C HARDCOVER CALCULATIG.M HC-RKSHEET 5cT3Ac:< ZONE: (ciRCLz cne ) 0-75' 75-250' 250-500' 5C0-1CC0' E xisting H ardcover in Zone A. H ouse _ X » 3. LENGTH WIDTH B. Garage D. Sidewalk E. Patio/ Deck F.Landscape areas UNDERLAIN ?L>st .c ■ SHEETING G. Other S.F, c. Driveway > x 10. Total Hardcover in Zone Total P roperty Area in Zone S • r # S.F. S.F. S.F, S.F. S.F. S.F. S.F. S.F. S.F. . F. n.F. '5. F. S.F. S.F. S.F. 5ta23.iSl6s.F. S.F. B X 100 iS) f • ■ i I 1 n. I Mt DAT^ ,02/C7/n i t . ^ i' • i • wirepin C(X»nvgfycPlN CCXtfrv oormc«~^*^ • , . f ** "i* .••! Ifc 1 . • • * • ^ ■ iV • ^ ',' *• *’• i- . i.V-iiJi'-jV ^ .y» . . • ' j.* ‘.M . •. * ' , . '‘i, lATv n#y®Ty. .!* .' * '. MENNEPX • « ». * •. • ' i ‘ » :*•! '. i;> .i : ‘ • •: • * RUN DATE Ot/27/n yv r : HEtMEPXN COUNTY PROPERTY INFORHATIOM SVSTEH 1992 TAX BOOK . 38 ORONO #• '•#: : =•{ TAXABU NAMCET ' .'•>!< • GROSS TAX CAPACITY NET TAX CAPACITY RENTAL TAX ' IF PROJ AMT I* . . ••r. • . I « ’« »t100 • 3 qUALXFYING AHT. 3 ‘ FO SHARED TC FO AREA RATE XF PROJECT NO. .00 00000000 OIVXSXON NO 800AA DIVISION DATE 06/80 SEE ID S 06-117-23 23 0001 06-117-23 23 0002 .• \\ • ♦ * ■;;M:• » * • • RiiPORT AO. PI655601 i. ^ • • .* '• -1 .• • ■ • ■. i .r’:- ■ ' -t ; t.: i: • » < i v; i--* 1 I TAX LEVY/OfSCRlPTION MNSTOPRTYP RATE NON-HOHESTEAO CROSS TX N R 115.0130 STATS PAID AID • i i • ^ . .1^. r: • r;v /•* •;: * U.S220 TOTAL TAX TOTAL PAID AHOUNT S.92 .^ecR 3.^4 .00 ^ LAND 100 BLDG MACH OltK -BASEl BASE2 NMBASE HON-NHST 5 AMT UNPAID r? S.44 I ‘ Vi i • * i * • » * ■ 4 ^ ,• ■ * • • •: • '• * ».\. * I ! ♦ t . '*•«*;’ *’ • I.' * r . * '. • • • V . } • r. \ , « • < • t. : ONNCR TAXPAYER NAHE/ADBRESS IfETES AND BOUNDS ■ .* i * ■ l«mT COT^ • ESCROH NAHE/ADORESS ADDITION NAME _ _ ACREAGE SCH HTR SEN PROPERTY ADDRESS OST SHO OST ’ LOT. BLK .. PLAT PARCEL'' PROPERTY XiO. .»'' i • • I • ♦.H H A S J LAUE HERMAN N A SHIRLEY J LAUE ; ‘ 596 PARK! LANE LONG LAKE IM BSSSt: TAXABLE MARKET IV , W»000 CROSS TAX CAPACITY .; i: ’• 628 NET TAX CAPACITY:. • ' 506 RENTAL tax ;..' = IF PROJ AMT'-I •*' AUDITOR'S SUBDIVISION NO. 250 000.00 278 5 58 STATUS: CURRENT 026 61520 ADDRESS UNASSIGNEO SN .THP RG qq SUFX % 04-117-23 23 0027 j • / I •• .?• • CONSTRUCnON YEAR o t I >’ • • qUALXFYING ANT FD SHARED TC FD AREA RATE IF PROJECT NO. ; .00 00000000 ■*'** *•* ^9 DIVISION NO ■ f 83086 ■, -C, • DIVISION DATE • 10/83 . .‘ “ SEE ID S 06-117-23 23 0003 • • ' . : 06-117-23 52 0001 : ' '■ '>i' ' I TAX LEW/OESCRIPnOM HNSTDPRTYP RATE AC NON-HMSTD GROSS TAX . N F 115.0150 STATE PiUO;.MO;i ‘ 16.5220 iiomwx I ' 6 ‘‘ • \ ,• • I = .v S al pam:^^;:'.- .or t . i* !.**^ *j' * * * » I^*1 * »*. I* •' • AHOUNT 541.85 49.61CR 142.62CR 349.62 * LAND 19»000 . * ' i r‘ ’• i ‘ • i • ♦: >*r: i; bldg.i MACH 0W« BASEl BASE2 !nH8ASE NON-HHST ... 504*^ ; -J':"' ■'f 4/\ h \ . ?! i 6* ■I ;‘•I ‘::J ! *i • \ !• . f. ? ’ f i » I ♦ • .» • • '■’Ll-•: .• N. »':AMT UNPAID i •; { '569.6; li■■■: ■. ; •: ■ • }• '‘i -. '-t/r, *r, •!,; . • i r: ; ‘ 1 15' V '• • •>• .*. •t • * *i • • B % • . . • • .1» • • * • • • h «.*• «* • t •';if.• * .• • f ••fr • V * •.il 1 tf *. .*.•■,1 *, 1 •'• : Ml •• ■.•• '« .• i: • A . •••\' * » * • • •‘f V %.u. ••' ;'v ■ d’' ■. •: •v'mI' B k • • . aV- • ; .ir• * !: • 1 •".I'r 1 . :s.. j:.- ‘i'-: It: ^‘•4? *■ • ! • »*; •• I I . ‘ V %!• • • • .•':!!!• = r. !-i . I t ; I i ^•9 . *• :? i. I ■ f., I p • :•( J. • . I . . y*y, si\ i - - ; • • ,• ♦- .• • ! • J . • .*! *. .• •I: •. 11 9 •r--f • • .» k»»%V. .491 Lwili* kftAlM.i I Al&Mtk. .I II IftMimnurn I -|^ To: Prom: Date: Mayor Peterson and City Council 62091.1 Michael P. Gaffron, Asst Planning & Zoning 7>dministrator June 20, 1991 Subject: Leaf Street Septic Problems - Update Council Members may have received a phone call from Henry Furchner of 360 Leaf Street complaining about his neighbors' septic systems. The purpose of this memo is to briefly review for Council what problems exist and how staff is handling them. The properties in question are beino considered for inclusion in the Stubbs Bay Sewer Project. Since mid-May, Mr. Furchner, 360 Leaf Street, has been complaining about discharges from the septic systems from the Hillman property at 400 Leaf Street, directly south of Furchner, and from the Stewart property at 370 Leaf Street, directly east of Furchner. The Septic System Inspector, Steve Heckman, had inspected these systems in early May, and found that 370 Leaf Street was failing, but found no discharge from 400 Leaf Street. Pursuant to Mr. Furchner's complaints, Heckman re-inspected both systems. The following findings to date: 370 Leaf Street - The system has been pumped out at least once in May, and due to ground conditions and non-sealed tanks probably will remain full of sewage and ground water until substantially drier weather conditions exist. The system apparently has two septic tanks and a minimum drainfield which varies from being saturated at best, to constantly discharging at worst. Probable blockage in lines between the tanks and the drainfield allow for intermittent discharge from the tanks and inspection risers also. Because Furchner's house is downslope, he claims that whenever there is a hard rain, raw sewage runs downhill towards his property. Staff has not witnessed this occurance, however, there is no question that run-off from 370 Leaf Street is toward Furchner's property, so there is a reasonable likelihood that some diluted form of septic effluent may reach Furchner's property. Staff has continued to monitor this system and has ordered the property owner to pump the tanks as often as necessary to eliminate future discharges. However, the property owner is apparently in a financial position such that regular pumping is a financial burden, with an $8,000-10,000 repair job perhaps out of the question. Hith the potential for municipal sewer in the area, it makes little sense to require a mound system. However, until the existing tanks are replaced with sealed holding tanks, at an up front cost of $1,500-2,000, we can expect continued intermittent problems with this system. Staff has not yet required that the property owner install holding tanks, however if conditions do not get any better, that may be forthcoming snortly. \ J To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse^ City Administrator From: Date: Jeanne A. Mabusth, Building & Zoning Administrator October 16, 1992 Subject: #1769 Louis Oberhauser, 3875/3865 Shoreline Drive, 2405 Dunwoody Avenue - Sketch Plan of PRD/Subdivision Soiling District: LR-lC, Total area = 36,207 s.f. or .83 acres Pertinent Ordinances Section 10.25, Subd. 4 (A) - Conditional use permit required for a plan residential development. Attached dwellings are encouraged. Section 10.25, Subd. 6 (B) - LR-lC lot standards, 1 unit per 1/2 acre acre. 100* lot width measured in straight line at shoreline and at 75' setback area. Section 10.32 - PRD ordinance A. Subd. 2 - Dwelling unit shall not exceed the number of such lots or units permissible under minimum lot size requirements of zoning districts. Total area ^ 36,207 s.f. or .83 acres Existing « 4 units or 9,050 s.f. or .20 acres per unit Proposed >= 4 units at same unit density Allowed « 1 unit (also per Section 10.60, Subd. 2 - see below) Section 10.60, Subd. 2 - Density limitation. This section limits density to no greater than 4 dwelling units per acre (1 unit per .25 acres). Section 10.22, Subd. 2 - Hardcover review 7L-250' setback = 25,781 s.f. or .6 acres Exibcl*'q hardcover ~ 13,075 s.f. or 51% Allowed 6,445 s.f. or 25% Proposed »■ 12,197 s.f. or 47% Section 10.56 - Shoreland management ordinance. This will be the City's first planned residential development proposed under the new Shoreland Regulation. The following sections shall be pertinent for review although Planning Commission members are encouraged to review the entire subdivision. Subd. 12. The DNR to review all variance.' proposed with land use applications. 1 Zoning Pile #1769 October 16, 1992 Page 2 Subvi. 16 (D). Minimum lowest floor elevation shall be 3' above the ordinary high water level at 929.4' requiring a 932.4 elevation. Subd. 16 (J). Topographic alteration/grading and filling requirements. Major filling is proposed to achieve access and parking goals. Subd. 16 (K). Storm water management. Subd. 18. Subdivision/platting provisions information required. Subd. 19 (D). Information required for planned residential development. Subd. 19 (E-li'. Shoreland tier dimensions. If all PRD's are to be designed in accordance with the tiering method, the current proposal would require variances. Section 10.20, Subd. 3 (I). Duplex credit. Not valid as total area is limited to 3 units per Section 10.20, Subd. 2. List o£ Exhibits - A - Application B - Shawn Gustafon Letter of 10/14/92 C - Survey of Existing Use D - Proposed Development Plan for PRD E - Elevations P - Staff sketches of options for redevelopment Description of Request The subject property consists of three separate parcels none^ of which meet the required lot standards for the LR-IC zoning district. More than three years ago, the City initiated four separate hazardous building actions against the four residences on the properties. The residence building shown on survey at 2405 Dunwoody Avenue has been razed. The residences addressed at 3865 and 3875 Shoreline Drive (Parcel B) have been boarded up for almost two years. The only residence still in use is the residential structure at 3877 Shoreline Drive. Portions of the detached garage and retaining walls on Parcel A are located within the right-of-way of the County Road. The property is currently served by two curb cuts off of Shoreline Drive. Mr. Oberhauser's residence is located on the lot to the immediate south of 2405 Dunwoody Avenue (Parcel C). k i ■KtfTf ftff I LiiAdBlf iiHiiiiii ii iiM M II iiiiiiimII I % Zoning File #1769 October 16, 1992 Page 4 If applicant proceeds with the present format, the City would have to grant variances to the PRD section of the new Shoreland Regulation. Access. Access is a major concern for this property. There is no good access off of Shoreline or Dunv/oody. The sharing of an access is the one most positive element of the proposed development. Grading and Drainage Issues. Please refer to the City Engineer's report. Exhibit B. The 4 unit proposal will require extension filling to make the grades work based on the topography adjacent to Shoreline Drive . Flood Plain. The 931.5* elevation has not been designated. Any filling below the elevation may require matching mitigation on site. This will be a consideration whether property is redeveloped as a PRD or single residential lots. Riparian Use. If the property is proposed as a PRD the Shoreland Regulations would limit riparian use (dock-slip) to one unit based on the width at the shoreline. The existing single family lots each have their own individual docks. Please review staff sketches (Exhibit F) that provide some of the redevelopment options for applicant. Planning Commission may provide others. Planning Commission must provide direction to applicant on the following issues: Density - What density is acceptable under a PRD format? 2 - 3 - PRD - Although one section of PRD codes encourages attaching and clustering, in reality for most properties this is no longer possible with tiering requirements of new Shoreland Regulations. Review Exhibits F-1 and P-2. Would Planning Commission recommend a variance to Section 10.56, Subd. 16 E-1 for the additional unit placed in first 200' tier? Riparian or dock rights under PRD - Would Planning Commission recommend dockage rights for more than 1 unit? Applicant may be best advised to proceed with separate variance application for redevelopment of each lot» Applicant will ask if you would recommend appeal of the restoration of the second residential unit on Parcel B. How will you respond? • ^ CITY OP ORONO - SUBDIVISION APPLIO^^ J ./•.* PROPERTY LOCATION Site Address ^_ _ _ _ _ _ ^ Property Identification Number (P»I«D») f QOOQ^/^ Please check one — Property _ _ abstract or torrens?abstract or Attach legal description to application APPLICANT Name Address /S^rW ^ sW^LE ^JTfSta Phone (home) ^“7^" _ _ _ Phone (work) 4*‘7^‘ Zip;City:Wi OWNER (if different than applicant) Name U^R4 ^ I/' Phone ( .Address Phone (work) ^'Yb'^ ^7£? g^l; l^i g. B(va.^ City: Zip; (attach list if mor^ than one) (J EXISTING LAND USE Number of Tax Parcels c Development Size 'ZO^T^-'/V'. v/v,fAcres Dry Land HNANCE OFFICE Acres Wet Land iJ5^1^C)<?000 Acres Total, all parcels qi QQf 200.i Present Use (check)Residential; no. of uni Other (specify) Present Zoning District L-^t^lC2' 09/2- PROPOSAL ^/ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites)i Subdivision for New Building Sites •-i Number of Building Sites: Proposed Gross Density: ^^ilf^t^Lot Size: Proposed Use: (check) Existing Units New Units Total Units Units per Acres Sq Feet Dry Buildable Land Residential Other (specify) i MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1, Completed Application Form 2. Preliminary Plat information on Certificate of Su^ey. Certified Property Owners List of owners within 350* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). ^ ^ 1. ^ ^4. As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed Certificate of Survey or mylar copies of formal plat. 3 • Title opinior 4. Easements, Covenants, etc, 5, Developers Agreer:snt and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete Zoning Official's Signature _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ __ _ _ FEES Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement $200.00 300.00 Preliminary Review (Class I & II Subdivision)300.00 Preliminary Review (Class III & all non-residential )325.00 + 25.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 175.00 Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 150.00 100.00 Planning Commission and Council necessary to process this applit-ation and further agrees to pay all additional fees established by ordinance. Applicant's Si-j^ature / Owner's Signature Date 7 Date» review meetings of the Planning Commission and Council. If an applicant: xs mah IA ^r» a iTieetlna. nlease make arrangei -he Planning Commission and Council. ir an appxxuanu inable to attend a scheduled meeting, please make arrangements luthorized agent attend in your place and to advise the Building & zo g )ffice of this change prior to the meeting. i. i i ■ij