HomeMy WebLinkAbout02-27-1978 Planning PacketAGENDA
PLANNING COMMISSION MEETING OF FEBRUARY 27, 1978
COUNCIL CHAMBERS - 7:30 P.M.
CURRENT ITEMS
A. Action Items
1.
2.
3.
Call to Order
Roll Call
#352 -
4.
5.
6.
7.
8.
’ o
4 4^*
XO.
11.
XI.
13.
14.
Public Hearing - 7:30 P.M. - Rebonlng - RRoiB. to Indvl.
Byrdle Robb - 2805 Wayzata Boulevard
#354 - Public Hearing - 7:45 P.M. - Subdivision (Preliminary)
Roger and Dan Fazendln - 2700 - 6th Avenue North
#356 - Public Hearing - 8:00 P.M. - Subdivision (Preliminary)
Karl Gardner - 2885 - 6th Avenue North
#217 - Robert Birkelaiid - 1298 Wildhurst Trail
Dredging Reconsideration - If Necessary Data Siibmltted
#346 - Paul Raster - 2600 Casco Point Road
Subdivision (Prellmlnairy) • If Necessary Data is Submitted
#349 - Paul Berglund - 4460 North Shore Drive
Variance - Lot Area and Width
#350 - Kelly Avenue Holding Company
Joint Use Dock Application for 1978
#353 - Donald Phenlcle - 3765 Togo Road
Variance - Lot Area & Width, Side Setbacks & Rear Setback
#355 - Ray Waterhouse - 132 Chevy Chase Drive
Wetlands Variance - Structure Location in Wetlands
#357 ** Dennis Platteter •* 809 Brown Road North
Variance • Stable Setback Variance & Conditional Use
Permit for Horses
#358 - Tim Adams - Farm at Long Lake - 820 Brown Road North
Variance - Zoning - Shoreline Requirement
Minutes of Regular Meeting of November 21, 1977,
January 16, 1978 and February 6, 1978
1
B* Incomplete Items
1.
2.
3.
4.
5;
6.
#333
#294
#306
#308
#319
#348
- Thomas Lyon - 4790 North Shore Drive
Variance - Lot Area
- James McCleary - 3445 Bayside Road - Lacks Additional Data
Dredging Application for Stubbs Bay Marina
Colpepper Land Co. (Neslund) - 40 Orono Orchard Rd, N.
Subdivision (Preliminary) - No Revised Plan
- Sidney Rebers - 2060 Wayzata Boulevard
Subdivision (Preliminary) & Rezonlng
- West Shore Lafayette Bay Association
2440 Old Beach Road - Dredging & Disposal of Spoils
- Richard Ledstrom - 3405 - 6th Avenue North
Subdivision (Preliminary)
Agenda
Planning Commission
February 27, 1978
Page 2
II. COMPLETED ITEMS FOR COUNCIL
A.
B
B.
D.
#343 - William ^rrlg - 605 Stubbs Bay Road North
Subdivision (Preliminary)
To Be Considered
Arthur Helntz - 1565 Orchard Beach Road
Variance - Lot Area and Width
To Be Considered
Don Lindall - 666 Tonkawa Road
Request for Assessment Waiver - Concurred
C. #345 -
foR P.c. Mr^
of 2-a.7-7f-
VILLMSE OF OlONO
W M4S
P^m7/7 i ^
wiluam t mills
••,1 «%• .nr. «»(«
i
jUV.^ ^ Jr-<luiwii
_»4
TO:Henry Muhlch, Zoning Administrator
FROM: Mel Kllbo, Chief of Police
DATE: 2fA5f7e
SUBJECT: BYRDIE ROBB-REZONINO
Moat of the traffic from any new plant or building would probably
go to Midway 12 and turn east or west. This will only cause a
more hazardous situation than already exists.
Traffic at this intersection, Hlcd^way 12 and Old Crystal Bay Road,
In early morning hours (between 7:00 and 8:30 a.m.) Is quite heavy
with the normal traffic. Including the school buses.
I see further problems with the Intersection with a new plant
with shift changes at 3:00 p.m. %dien school Is dismissing, the day
shift at Van Dale Is letting out and the middle shift from Van Dale
Is reporting for work.
I would recommend that there be no exit onto Highway 12 and that a
controlled Intersection, with stop ll^ts and turn lane, be estab
lished before any building be put up at this location.
}
J
HoUne, AntUfUik. & AuocUUu, 9hc,CottiuiUMf ^MfUtmuU
A335 W, *t^imk Jh^fuva^ 36
it pQtU, MitttMUia 551 t3
Ptotm 636-4(600
February 22, 1970
Mr. Henry Muhich
Zoning Administrator
City of Orono
Box 66
Crystal Bay, Mn, 55323
Re; Byrdle Robb> Rezonlng No, 352
RR-lB to Industrial
Our File No. 139
Ouo G. Bomtttfpo, fM,
Rohofi W. Rount, RJR,
Uitfk C. AmdifUk. RX,
RfHord A, L4mbtrg. RJ,
Robert D. RrigoorA RS.
Rkkmrd £. Tomer, RJR,
Jemei C. Otiom. RX,
Lowremce R, Relisten, RM,
CUmn R, Cook. RX.
Xetik A, Coriots. RX,
thomoi £. Noyes, RX.
RIehori W. Roster, RX.
Robert G. Sckotskhi, RX,
MorHn L. Sorrolo. RX.
Donoli C. BurtorU, RX.
Kemttelk R. Nelsior, RX.
CkorUs A. Eridssom
Leo 9i. Roweltky
^ Jtorl^n Mi. Oltom
wear Henry,
We have reviewed the request to rezone 15,32 acres at the southwest corner of
T.H* 12 and Old Crystal Bay Road relative to engineering matters. In the supple
mental information submitted by Van Dale, Inc. it was indicated that no specific
plans have been made for the parcel but it was Implied that the intended use may
be similar to the existing industrial use east of Old Crystal Bay Road. However,
once rezoning to Industrial has been granted, any industrial use consistent with
the zoning ordinance can be developed.
Because of the uncertainties of future development proposals, we can only com
ment in a general way regarding engineering matters. The permitted uses in an
industrial district are listed in Sections 36.011 and 36.020 of the zoning code.
These permitted uses range from activities that require very little municipal
utility demand such as warehousing or storage to activities that require a very
high municipal utility demand such as engraving or metal plating. Some of the
permitted uses generate very little traffic volume such as a small manufacturing
operation with few employees while others may generate a large volume of traffic
such as a truck terminal warehouse complex. With regard to engineering matters,
we offer the following comments:
1) Traffic - We have been informed by the City Staff that there is a
history of traffic problems at the Intersection of T.H. 12 and Old Crystal
Bay Road. Because of its continuity through the middle of Orono, from
Co. Rd. 51 on the south to Co. Rd. 6 (6th Ave.) on the north. Old Crystal
Bay Road becomes an important collector street facility as a part of the
City's transportation system. Eventually a new bridge may be required
over the railroad tracks and signalizatloc of the Intersection with T.H. 12
will probably be required. Since most bottle-necks occur at intersections,
it is very important that development around the intersection be carefully
controlled so that existing and future traffic carrying capabilities are
not adversely affected. From a planning consideration, it is desirable to
locate any industrial use adjacent to major roadways. We cannot comment on
the affect of the proposed rezoning on traffic volumes except to state that
generally traffic volumes are larger from industrial use than from resi
dential use.
Page 1.
rrr:r>'
City of Orono
Crystal Bay, Mn. 55323
Ke: File No. 139
February 22, 1978
2) Sanitary Sewer - The Soil Development Guide, Map Np. 7, prepared by
Hennepin Co. Conservation District, indicates that the predominate soil
type across the majority of the site is Glencoe (Gc) and Dundas (Du).
The northern edge and the southern edge of the site has Lester (LtB) soil.
The Lester soil is generally suitable for standard septic tank-drainfield
systems, while the Glencoe and Dundas soils generally have very severe re
strictions preventing use of a soli absorption system. The Urbanization and
Land Feature Map, Map No. 6, indicates a high water table over large portions
of the property. The Orono Sewerage Facilities Map, Map No. 5, indicates
that there is an existing sanitary sewer at the southeast corner of T.H. 12
and Old Crystal Bay Road.. We have not determined at this time if there is
any sewerage capacity in the existing Orono and/or Long Lake sewers for
additional industrial development.
3) Storm Water Run-off - The site proposed for rezoning lies within storm
water district LC-2. There are no flood plain or wet lands involved with
this property. Section 36.043 of the Zoning Code indicates that the maximum
lot coverage ofbuildings and other structures (which Is Interpreted to in
clude parking lots) is 45X of the total lot area in an industrial zone over
3 acres in size.
At the maximum amount of hard cover permitted, the Industrial use would re
sult in two times the amount of storm water run-off than from 2 acre
residential development. Table 2 of the Storm Water Management Plan indi
cates that 108% of marsh LC-2a is required for assimilative capacity or a
Portage of marsh area.
In conclusion, it is our opinion that the proposed rezonlng would result in higher
traffic volumes, would require sanitary sewer facilities and would increase storm
water run-off within the area. The degree and the magnitude of these factors
cannot be reasonably determined without analyzing a specific development proposal.
Therefore, relative to engineering matters, we recomnend that the rezoning re
quest be denied until there Is a specific development proposal for review. The
question of sanitary sewer capacity must be resolved. The location for an ex
pansion of the Industrial district, - adjacent to major roadways, a railroad
track and existing industrial use - appears reasonable provided the impacts re
sulting from that industrial expansion will not adversely affect the City of
Orono.
Yours ve^^ruly,
BONESTRdo, ROSENE,IK & ASSOCIATES, INC.
Page 2.
HENNEPIN
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
Hopkins, Minnesota 55343
935-3381
February 27, 1978
Mr. Henry F. Muhich
Zoning Administrator
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Dear Mr. Muhich:
RE:Proposed Subdivision - “Roger Fazendin
CSAH 6 - North side at Old Crystal Bay Road
Section 28, Township 118, Range 23
Hennepin County Plat No. 626
Review and Recommendations
Thank wnii for submlttlno the above referenced subdivision proposal for
our review. We reviewed the proposed subdivision and have the following
connients:
1 He request that the developer show a 50 foot road»«y easement
for CSAH 6 rather than the 40 foot easement now shown.
2.A new or revised access to CSAH 6 requires an approved entrance
permit before beginning access construction. Entrance oermit
forms are available from out Traffic Division.
3.As vou are aware, there Is a development proposal for a Vo-Tech
school which would be located D lt?1ctand CR 201. The County was asked by the Vo-Tech Sc^ol District
for Input regarding possible access locations to bhe ^“"ty
roads. The attached letter dated February 25, 1977,
sponse to that request. As stated in item ^“"’ber 2. Page 1.
"The most desirable location for the mam access to the Vo-^h
property is from CR 6 opposite Old Crystal Bay toad. The *"*10
difficulty with this location is that part of the wuld
have to be constructed on property
Fazendin Subdivision. We therefore request
show an area approximately 40 feet by i^JJ[®®^. ^^®®drawing) which could be used as part of ^be future sc tool a«
The Vo-Tech School District would be responsible for acquir ng
the land needed for their access.
HENNEPIN COUNTY
on equal opportunity employef
4.All proposed construction within County right of way requires
County approval before beginning construction. This includes*
but is not limited to, drainage construction, utility construe
tion, trail development, and landscaping. A utility permit is
required for this work. Utility permit forms are available
from out Maintenance Division.
5.The developer must restore any area within County right of v®y
that is disturbed during construction.
Please direct any response or questions to Douglas Mattson at this
office.
Sincerely,
James M. Vtold, P.E.
Chief, Planning and Programming
JMW/DBM:bg
Attachment
^ ..A . ^
Public-Works Phone 93S-3381 320 Washington Av. South. Hopkins, Minnesota 55343
HGNNePIN COUNTY
February 25, 1977
John LobbenProgram Planning 6 Development
Joint School District Number 287
i.orth Xenium Lane
M1nfa:2pohs, Minnesota 55441
Dear Mr. Lobben:
. Orono,
,» our discussions over the last year we have resolved v^
SeMltSSnS K^iefS'rel^^t this letter . will first
list those items which we consider resolved.I 15 V Vliwac
1-D1rect access to Co. Rd. 201 "111 •>* Pe™1fted approjomaW property
atuched sketch. This access w 11 serve the agncuiw^ Building). The
and the first phases of District requirements. When
crossing c' the creek must access to Co. Rd. 201 will become
“cesyto CO. Rd. S4-“%-«r,Sger thoU: ^ per.it for this access
^nt^has not been formally approved by Hennepin County.)
"access'to the
S^-0?^^”!"?”” “! ■; S’? fiJ Wd’SrSl Ly RoadShould be‘off-set a 300’ft! west of Old Crystal Bay RoadThA access should be located no more thdn ouu •
bJLwe of the decreasing sight distance to the west.
The following Items have not yet been resolved and will require further study, dls-
cessions, and/or negotiations.
*■«c*e“s^o°p^os??e’S?3‘c?;s?^lVkoI^Ili^Te^i^°f^cu^
considered are:
UmofHiet. Womtn and Other Prelected Classes are EjKOuraged to apptf
far irnpioymeni at Hannef>tn Coonfy
1
John Lobben - 2
February 25, 1977
a) Vo-Tech could purchase or get an easement for a small portion of the oroperty
to the east. (A drainage ditch may be affected by this construction.)
b) Old Crystal Bay Road could be realigned to the west to line up with the Vo-Tech
entrance.
2-Vo-Tech may be required to construct turn lanes and by-pass lanes on County Road 6
to handle the traffic movements generated by a full campus. (See attached detail)
3-If the property is to be platted, then a formal plat review by the County Engineer
Is required. Additional right of way along Co. Rd. 6 and Co. Rd. 201 will be
requested for future needs of the county road system.
4-Ex1sting drives from the Vo-Tech property to Co. Rd. 6 may be closed because of
Inadequate sight distance to the west. (Not the access required by the resident.)
Please contact me if you have any questions or additional comments on the above
Thank you.
t
Donald C. Murphy
Traffic Engineering
DCMtpJ
Attachments
^ -T-TTr '
*ft. 31,1974
• rumr n wf.<ROAD DFSIGM MANUAL
■irtnf^rfcii ^n^:m%9m^Mmaa a »^qerj4*ti%i%egni£ iitf i
FJ9ure F &-79L331
COMDfNED liy. TURN & BY-PASS LANE
i i
I
;
hr
I
n
RoHUtfioa, Ho4utm, AHtUnlik & Auoeiaiu, 9tHC,QotUutUm^
2335 W. JfUfltuMUf 36
St Pasti, Mi^uudoia 55tfS
PUotimt 636-4600
Ono O. Bowtroo, BJB,
Robtrt W, Bounty fZ.
Uupk C, Andtrtik. PZ,
BfdSatd A. L4n%b»»g, FZ.
Robtrt D. FrIgoorA, FZ.
Richard £. Tamer, FZ.
James C. Olson. FZ.
February 22, 1978
Lamenu F. Feliskm. FZ.
GUna R. Coalu FZ.
Kelik A. Cordon. FZ.
Ikomat £ Soyas. FZ,
Richard H Foilar. FZ.
Robert G. SchmnidU, FZ.
Marebs L. Sonmla, FZ.
Donald C. Bargardt, FZ.
Kenneth R. hielsier, FZ.
Charles A. Crtchsam
Ua Mi. Famalskf
Harlam Mi. Olsam
Mr. Henry Muhich
Zoning Administrator
City of Orono
Box 66
Crystal Bay, Mn. 55323
Si
QJ/t
He: Roger Fazendin - 2700 6th Ave. No. #354
Preliminary Subdivision
Our File No. 139
Dear Henry,
We have reviewed the proposed subdivision submitted by Roger Fazendin and
recommend approval subject to the following items:
1) Dedication of conservation and wetlands easement over
lot 1.
2) Approval of driveway access for each lot onto Co, Rd. 6
by Hennepin County.
3) Evidence that there is at least one adequate primary site and
one adequate secondary site for a septic tank-drainfi«ld sys
tem for each lot.
4) Dedication of a 10 foot vide drainage easement along all lot
lines.
Yours very, truly.
B(WESTR00, ROSE
(
James C. 01
JCOrli
ERLIK & ASSOCIATES, INC.
•a ■ ■ L- rm. .-j___
^ I u)/II
PRELIMINARY SOILS AND SITE EVALUATICN OF THE PROPOSED
FAZENDIN LAND SUBDIVISION IN THE CITY OF OF (IwM.
by James L. Anderson and Patrick N. Kennedy ^
M
I
I. im’RODUCTION
■ This is a prelimnary soils and site evaluation of th. proposed Fazendm
Laid SubdWision in the City of Orono.
A detailed soils ,s.p uas not prepar^^ tie^Sl^irfiSlf
oproent area, toDOpraphy for the area. The information
“itiS li ihii1e°pbrf “ based ^the USDA-SCS Hennepin Soil Survey and
an on-site investigation.
Each of the soils --PP'V^^fvoiMiW
SsS; griSaUo"rsiil «P S,ils and colors are presented
in Sections II and III.
soil potential for on-site waste trea^nt of septic tanh effluent is dis-
cussed.
The wetland classification for the area is also discussed.
II. HOW TO USE THE SOIL ft^P
I“yX? ?oisu“s “’’tTrie"iins^arSeTai fSlS^'*
HbB2 Hb
(Soil)
B
(Slope)(Erosion)
S%iiTani'"in'S“iitfiii%ie%SeiciTr’^
the degree of erosion.
Slope Legend
A - 0 to 2 percent
B - 2 to 6 percent
C - 6 to 12 percent
D - 12 to 18 percent
E - 18 to 35 percent
Erosion Legend
No Symbol - 0 to 1/3 topoil lost.
2 - 1/3 to 2/3 topsoil lost.
3 - More than 2/3 topsoil lost.
111.smi. TYPES PRESENT
The soil types found in this area w^e National Co-
Survey Report of Hennepin County", and the st^‘“ros
operative^il Survey. Soil types present are.
Glencoe silty clay loam
Hamel loam
Lerdal loam
Lester loam
LeSueur loam
Peaty muck
■
Page -2-
A brief description of each soil is provided. Map s>Tnbols and colors
are provided to facilitate locating the soil types on the detailed
soil map provided with this report.
Medium
Blue
Glencoe silty clay loam;
The map symbol for this soil is Gc and the map color is medium blue.
This is a deep, very poorly drained soil. The soil was formed in
loamy colluvium over calcareous loariiy till. The soil is nearly level
occupying depressions and drainageways. The native vegetation vras
dominantly se^es and wetsite grasses. EKiring wet periods of the
year the watertable is within 1 foot of the surface and ponding may
occur. The high organic matter content in the upper soil horizons
means the soil has low bearing values. There is a high potential
for frost action.
Mediun
Blue
Hamel loam;
The map symbol for this soil is Ha and the map color is medium blue.
This is a deep, poorly drained soil that formed in loamy colluvium oyer
loamy till. The soil occurs in short, narrow drainageways on foot slopes
and in long winding drainageways between knolls and hills. The natwe^
vegetation was mainly sedges, grasses and scattered poplar trees. During
wet periods of the year there is a perched watertable within 1 foot of
the sinrface and ponding may occur. The high organic matter contCTt in^
the upper soil Jjorizons means the soil has low bearing values. There is
a high potential for frost action.
Lerdal loam;
This is a deep, somewhat poorly drained soil that formed in a cal^reous
loamy mantel of till 3 to 20 feet thick. The soil occupies the highest
elevations in the county, mainly in the west-central part. Occasional
stones and boulders occur near the surface. The native vegetation was
mixed hai^woods and a grass understory. The soil is mapped in only one
slope phase in Hennepin County. ,,
Lerdal loam - 1 to 4 percent slope:
The map symbol for this soil is LmB and the map color is light red. This
is a nearly level to gently undulating soil that occupies rises and low
knolls on the tops of large hills. Since this soil is nearly level little
grading is generally required. This soil is wet for short periods with a
seasonal watertable at a 3 to S foot depth. Shrink-swell (volume change)
is moderate to high with changes in moisture content. The soil is slowly
permeable. Soil strength is adequate for residential development.
Page -3-
I
Medium
Green
Medium
Green
5
Lester loam;
This is a deep, ***l"'*'^?‘?'^,i?^i^°jJnvM*areas°oi^rre^lar hills and
Sr a?2 S»‘SS?ders near t}«
St" the a?ea’'of proposed development is dis-
cussed separately.
Lester loam - 2 to 6 percent slopes
sSil strength is 1^ « mod-
SS'iS ?Sd “ ""eft S^ofei^fir extended ^periods.
Lester loam - 6 to 12 percent slope:
The map symbol for this soil ^®^’^^jajg®^^^^^ollsT^The soil is well
is a rolling soil occupying , However sidehill seepage is not an
drained and therefore "®^f dS wet sUsons. The rolling
unconmon occurrence around Shrink-swell (volumeSS ~:SSS;B iir»Ts-..r,4S.‘L,
extended periods.
Le Sueur loam:
This is a deep, moderately well-drain^, loW
careous till. The soil ^ | jhere are a few stones and
above the closely vegetation was mixed hardwoods and
f^i2rj;d"s “Sr»i?!s mapped iS enly one slope phase in Hennepin
County*
. Page :-4-
Light
Green
WCa
Dark
Blue
Le Sueur loam - 1 to 4 percent slope:
The map symbol for this soil is LtB and the map color is light green. This
soil is nearly level to gently sloping occupying areas on low knolls. There
^ watertable within 3 feet of the surface during wet periods of
the year. Drainage needs to be provided around basement rails. Since the
soil is nearly level there is usually little grading required. Soil stren
gth is adequate for residential development. Shrink-swell (volume change)
is low to moderate with clianges in moisture content.
Peaty muck;
The map symtol for this soil is Pa and the map color is dark blue. This
as an organic soil consisting of peaty muck deposits 3 1/2 to 10 feet or
more in thickness. Below the peaty muck usually lies a layer of lake sed
iments and below that the clayey or loany Grantsburg till. Water is at or
near the surface the entire year. The organic material has very low bearing values. ^
IV. POTENTIAL OF SOILS FOR ON-SITE WASTE TREABENT
The potential of the soils originally mapped by the SCS National Cooperative
Soil Survey for on-site treatment of septic tank effluent will be discussed.
the recommended "Ordinance and Code Regulating individual
Minnesota Department of Health in
JaMo ^ absorption system shall be installed in an area where the water.
^
Control Agency WPC-40 "Individual Sewage TreLmwt Sys-
at least three bottom of trenches and beds shall be
aHnn of ^ Watertable or bedrock" and allows for install-
tJench LsSm systems other than the standard subsurfacetrencn system to meet this requirement.
%
»/a ba%rienayeTs ”Jns “LS^^^^
Sl-ec*^ miniimim separation distance is due to the fact that it
takes approximately 3 feet of unsaturated soil material to properly treat
t^Mreffluent. Once the septic tank effluent
ce to the home oraer, but can also pose a health hazard if the surrounding
F
Pape -5-
t i
area is well populated.
The best indicator available for ^fHemioli tomtyseasonal watertable which often occurs w the soils of Hemepin
is the presence of soil mottles. Mottling is ® y investigationof grey with red and yellow splotches in the subsoil. My investigation
of I proposed soil absorption (treatment) system site should include a
dete^ii^tion of the depth at «hich soil mottl« oc»r
along with the high organic matter content ^hese soils unsuir
for the installation of any soil treatment . ^em.
However, in many cases a mound system is needed.
Urdal (LmB) soils also have a seasonal watertable at a depth^of 3^
s“u. %sSurS i'sSSa«l “sU.peiSability. A nvnmd system
may funtion adequately on these soils.
provide the proper separation distance oetween s
watertable.
Use of agricultural drainage tile
h=
!S™cs \il jSticing of the tile to insure j"y “re not dis-
^^rnce^r^hrs^al^^l^:s‘'xr^lonIe;;ui;'L^^^^^ m the
Page -6-
future who has problems with their waste treatment system. An add
itional word of caution on using this type of arrangement, is that little
research has been conducted on the functioning of these systems and there
is some question as to how well they will operate.
A final word of caution should be mentioned for this particular site. The
accuracy of detailed soils maps such as that conpleted for Hennepin County
is about 50 to 85 percent. Because cf this fact it is essential that an
on-site investigation be conducted on each proposed lot to determine 1)
if there is a site of sufficient area for a soil absorption system and
2) where this area is.
The on-site investigation should consii •, . -i. borings to determine the
depth to mottling to indicate seasonal wa...: tables and percolation tests.
Since the soil is frozen at this time percolation tests cannot be conduc
ted until the soil thaws in the spring.
After a site has been located it should be staked off and left undisturbed
during any other construction activities. This will help prevent decreases
in soil permeability due to con?)action. IVhen the system is constructed
the soil moisture content should be such that the soil is friable and does
not smear. This will also prevent loss of soil permeability due to smear
ing and compaction during construction.
V. IVETLAND CLASSIFICATION
A portion of the area under consideration for subdivision was identified
on the Orono Wetland Inventory conducted by the Hennepin Soil and Water
Conservation District. The same general area is also indicated on the
Wetland Survey of the Twin Cities 7-County Metropolitan Area conducted
by the IMiversity of Minnesota for the Department of Natural Resources.
In both cases the wetlands was classified as a Type II wetland with a
vegetation type of reed canary grass.
The Hennepin Soil and Water Conservation District considers a wetland
of this type of secondary importance. In its present form it is not
viable or important wetland for water storage purposes. The wetland
may have some significance for wildlife. This particular area could be
well suited for growing agricultural crops. The most limiting factor
for this area is probably not the wetland classification but the fact
that the soils in the area classified as wetlands are for the most part
unsuitable for an on-site waste treatment system.
Since the area does lie in a natural drainageway drainage easements for
the area should probably be established.
■I
A
(WK
HENNEPIN COUNTY. MINNESOTA - SHEET NUMBER 43
IrB R 23 W
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'5^7 *■' --ayifUAKJTON ^
— -qi J
mu
irrj*L* •*
jp.
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Mi
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BoneiUoa, Hoienm, /Inde^UiA & /luociatu, 9iHC,
2.335 W, *7*uhU 36
31 Patti MlHttm*oU 55f/3
P/tettas 636-4600
f
/
February 22, 1978
Otto G. Bonostroo, M.
Bobtn W, Bosomo, BJB.
Joupk C. Andoritk, fJB,
Brod/orB A. Lomborg. FJt,
Robert D. FrtgoorA, FJB,
RUhorA E. Tomer, RS,
Borneo C. Obom, M.
Mr, Henry Muhich
Zoning Administrator
City of Orono
Box 66
Crystal Bay, Mn. 55323
Lowrente f, Feldsien, FM,
Clenm R. Cook, FJ.
KeWt A. CorAom, FJE.
Tbotmmt E. Soyet, FJ.
RtekorA W, Fouer, FX,
Robert G. SckmUekL FM,
Moeetm L. Eorrolo, FA,
DomoU C. BurgoeAl, FA.
Kemmetk R. MeUler, FA.
ChoHoi A. Eriekoom
Leo M. FoweUkf
Morlom V. Obom
Re: Karl Gardner, 2885 6th Ave. - No. 356
Preliminary Subdivision
Our File No. 139
bear Henry,
Me have reviewed the proposed subdivision for Karl Gardner and have inspected
5lat"^“ in the field. We offer the following comments relative to the proposed
1) The Soils Map indicates that a majority of lot 1, block 1 and lots 1 and 2.
Kilkenny soil (KkB) with some Glencoe (Gc) and Hamel (hI)
soils, which generally have severe restrictions for soil absorption sewer sys
tems. It is reconmended that percolation tests be taken prior to approval of
2) There is an existing residence on lot 3, block 2.
the existing drainfield be inspected and reviewed.It is recommended that
accessory buildings and a windmill that appear to be
within the side yard set back requirement. It is recommended that either these
structures be removed or that they be specifically covered by appropriate varl- ances • ^ I'l- r
-Lrinwfe ^ **^°‘^*^ ^ should be approved by Hennepin County andappropriate access easement documents should be filed for each lot. The re
sponsibility for maintenance of the common driveway iiould also become a part of
the claim of title for each lot.
aspects of access for lot 1, block 1 and for lot 1. block 2 onto
pr vate road must be resolved along with the responsibilities of maintenance.
lll*wldth"*h,%*“‘* easements along each lot line are dimensional at 10 feet
MbTt ? * ^ It drawn at 20 foot in width on the proposed plat, to-
approval of the proposed subdivision. * recommend
.Yours very truly,//
B0NE£1»OO. ANDERLIK & ASSOCIATES, INC,
HENNEPIN
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
Hopkins, Minnesota 55343
935^3381 'Q O
February 24, 1978
Hr. Henry F. Huhfch
Zoning Administrator
City of Orono
Post Office Box 66
Crystal Bay. HN 55323
Dear Hr. Huhich
RE:Proposed Plat - "Karl Gardner"
CSAH 6 - South side at the Intersection of CR 201
Section 28, Township 118, Range 23
Hennepin County Plat No. 625
Review and Recommendations
Thank you for submitting the above referenced plat for our review.
We reviewed the proposed plat and have the following coninents:
1. We request that the developer dedicate an additional
10 feet of right of way for a total of 50 feet from
and along the centerline of CSAH 6.
2.Access to CSAH 6 for Lot 1, Block 1 and Lot 1, Block 2
must be via existing Jamestown Road. Access to CSAH 6
for Lot 2 and Lot 3, Block 2 must be via a joint access
point located on the common property lln:; (The approx
imate location of the existing driveway eiicrance).
3.An approved entrance permit Is required before begin
ning construction of any new or revised access to the
County Road. Permit forms are available from our
Traffic Division.
HENNEPIN COUNTY
on equal opportunity employer
iViL .
M
4.All proposed construction within County right of way
requires County approval before beginning construction.
This includes* but is not limited to, drainage construc
tion, utility construction, trail development, and land
scaping. A utility permit is required Tor this work.
Utility permit forms are available from our Maintenance
Division.
5. The developer must restore any area within County right
of way that iS disturbed during construction.
Please direct any response or questions to Douglas Mattson at
this office.
Sincerely,
James M. Wold, P.E.
Chief, Planning and Programming
JMW/0BM:bg
v
i right of way
ing construction,
drainage construe-
lopment, and land-
for this work,
m our Maintenance
thin County right
uctlon.
las Mattson at
i-i •
#9.^
r.DieJe Benson, City Adninistrator
Hank MMch, Zoning Administrator
Decenber 28, 1976
Robert Birkeland - 1298 Wildhurst Trail
Wetlands Variance - Dredging Permit
Sii-r which was p«»iously approved and never con-
pleted.
There see® to be soiae question here, however. currrot
MiLte a SO- channel and the aH>lication approved in 1973 denotes a
channel.
Th. nrooosed «i»n. is also questionable. We have no topog^IrSposea filling area indicated on the enclosed euq> was
drawn in free hand in my office,
report).
I an enclosing copies of sone of docisnentaticn relating
to the original application made in 1972, 1973 and 1974.
STAFF - January 12, 1977 •
I nM suggest reports froai so® of ihe other ^
action Planning CoBnission and Comcil night take on this propo
FLAWING (XWttSSICN MEETING - January 17, 1977
so; ohannel.^edly
3dS^ IL!^‘pl^-aro ro miirS^ ^" IS'^iSlSti^enuJ S«several years ago. but would not make channel any wider ’Sirs.;S;£"-S«S »aS4‘8!?“
plans.
Hr. Birkeland felt that engineered drawings and to^would
tonnission felt this would be necessapr to dete^ne ^
dredging or only maintenance of existing channel. La« o p ^ „Lmosal today
fSst aSplicatiSn of 1973 has resulted in the of Ae pr^^ t^
It. BirSland informed the Conmissiou that he had sibmitted plans to some of the
other agencies in 1973 and would present them if founa.
^ 0”
-iS
if
Robert Biriceland - 1298 Nildhuxst Trail
Wetlands Variance > Dredging Pemit
Page 2
Planning Cannission moved to table until we have drawings and contplete description
of channel to be dxedged» topogs and plans for disposing of fill. Applicant was
advised that any engineering costs would be borne by him.
Later in the evening, during discussion of the Upper Watershed Storage project,
the Planning Gomnission showed extreme concern over the long range effects from
dredging and filling of wetlands, marshes and shorelines. They were also concerned
with placement of the spoils so near the lake. Because of the similarity to the
Birkeland proposal, the Coonission reconsidered their decision. Mr. Birkeland
was no longer present, so the Zoning Administrator was directed to inform him that
the Conmission would reconsider the proposal at the next meeting of February 7,
1977, and not to invest in the engineering costs. The Planning Commission would
make a site inspection and check any old plans Mr. Birkeland mi^t be able to
produce.
STAFF - January 19, 1977
Called Mr. Birkeland at 2:45 p.m. Not in - left message with son to return call.
STAFF - January 20, 1977
Mr. Birkeland returned call at 10:15 a.m. I explained Planning Coonission recon
sidering of proposal and informed him not to invest in engineering costs until
Planning Conmission reconsiders proposal on Fd>rxjary 7, 1977. Also informed him
of moratoriiffli cn wetlands variances.
STAFF - January 25, 1977
I*m enclosing copies of some of the data Mr. Birkeland said he would submit. He
has also given me two photos whidi I cannot reproduce. They are in my file. They
give us a better i^a as to the projected fill and dredging.
Mr. Birkeland was quite iqiset when I informed him of the moratorim recently
declared on dredging and filling of wetlands.
PLANNING CtBfflSSION ^CBTING - February 7, 1977
Conraissioi reviewed the photos presented by Mr. Muhich which Mr. Birkeland had
recently taken of the area indicating configuration of existing channel and
location of proposed fill. Mr. Muhich informed the Conmission and Mr. Birkeland
that a moratoriun on dredging has been declared since this application. Any
approval at this time would require a variance to the moratorium.
Conmission made the suggestion that ^^r. Birkeland put a dock in front of his
property. Mr. Birkeland felt that existing channel is man made and should be
maintained. He has maintained this channel in order to eliminate any growth of
algae and weeds which does not look appealing.
/
Robert Birkeland - 1298 Wildhurst Trail
Wetlands Variance - Dredging Femit
Page 3
j
‘ I
After a brief disQiasion, the Planning Comnissian recomnended that Council honor
the moratoriian and t^le this matter pending a resolution to the moratorium in effect until July 7, 1977.
Mr. Birkeland was informed that this item would be before the Cowcil on February
14, 1977, and he could request a decision at that time.
COUNCIL fCETING - Ffebruary 14, 1977
Tabled pending resolution of wetlands moratoriun. Ccncemed over using dredged
material for fill so near the marsh and lake.
STAFF - April 6, 1977
I'm enclosing copies of some conminications we received recently, along with Staff
response, regarding Mr. Birkeland*s application for dredging and filling.
A. Letter from Metro Council (John Rutford)
B. Mr. Birkeland's pemit application with
Amy Corps
C. My response to Metro Comcil
STAFF - February 16, 1978
Mr, Birkeland called and asked that this application return to Planning
Conmisslon for reconsideration.
He indicated to me by phone that the dredging proposal would consist
of only maintenance dredging of the existing approved channel. I
Informed him that it would be best if he would come in and indicate
these changes on the old application. If he does this in time to
include the issue on the agenda we can discuss it at the Plaiming
Commission meeting of 2/27/78.
He has submitted evidence of approval of the original dredging project
back in 1972 and 1973, Copies enclosed (DNR and LMCD approvals).
I am also enclosing copies of the Planning Commission minutes of
January 17 and February 7, 1977.
J
#212,cmr OF OKH), mWESOTA
tional Use and Variance ^;iplication
LOCATIGN OF PROPOSAL (or property)
Address I<F lJ?//o/c^r T/eA//^ M6unA ,
Legal Description BL/^. f 7~ / 9 z. Wi\c(TT-^//
APPLICANT Ac\cl‘‘r^*Vt cre<^*
N««» t?*L~ f A k/O_________Phone I 4^77,-2
Address UjlLOHuiP-sr T^r^Alt
ONNER
N®® y? ^ f /e/i'-z XI A/n> Phone f V7z -l^3c
Address J^ U/f L {? hf o/nr- Aa ou Aj ^
/-3-7 7
/ ~f7~?7
Present Zoning P- /Present Use S?/
TYPE OF REQUEST
_ Conditional Use
Variance
Wetlands Variance
Ripnq)
FOR OFFICIAL USE (
Council Action
LY
Date
^jproved
Zoning Ordinance Section Relating to Request 3L
Specify Ordinance Requirements iLr
fljiij
Bqjlain Request Relative to Rec^irements 1 uuout :> L'n^.- 7V> p/iu,\h r/v^r
t))Ae:Z>C/A/<^ Jt>(J X S-rAjfir£2> 7u>» i/^A/es AT TWA7 7~V,^/r 7
C O iJ i- p CA/l. y A T- * Z>a Soty-r/-^ <"4/A .
Extent of Non-conformity ^AC ^
Hardships to Property (Your reasons for requesting this Variance or Conditiodul Use Peniit}
^HA^A/cl /g A/d7 A/A\//t^At7Ln
MAIERIAL NECESSARY FOR OOW»LETE APPLICATION
(Must be submitted 1 wedc prior to Coincil Meeting)
1. Application conpleted
2. Plat Map Section
3. Survey (Sketch in proposal)
4. Certified Property Owner’s List of
owners within (300 ft.1^^50 ftJl ■
from Hennepin County Registrar of
Deeds
Date //• 7- - 7 ^
L - Ncaj AtA
/!■
«■/
300 Metro Squere Building, 7th Street and Robert Street, Saint Paul, Minneeoia 55101 Area 612, 281*6350
April 4, 1977
Walter R. Benson, Administrator
City of Orono
Box 66
Crystal Bay, Minnesota 55323
RE; Corps of Army Engineers
Department of the Army Permit Application to dredge a
small-boat channel on Forest Lake, a portion of Lake
Minnetonka in Orono
Received on April 1, 1977
Metropolitan Council Referral File No. 4401
Dear Mr. Benson:
The Metropolitan Council has received the above Army Permit Application from
the Corps of Army Engineers.
The Council will be reviewing this in the next few weeks a'nd would welcome
any comments you might have on this matter. Any comments should be sent
within one week.
' Thank you.
Sincerely,
METROPOLITAN COUNCIL
n Rutford
Referral Coordinator
JR:sb
An Agency CrMtad to Coordinate the Planning and Development of the Twin Citiea MetropoUtan AreaCompriaing:
Anoka County O Carver County O Dakota County O Hannopia County O Ramoey County O Soott County O Waahlngton County
DEPARTMENT O? THE ARMY
ST. PAUL DISTRICT. CORPS OP ENGINEERS
113S U. S. POST OPPICE * CUSTOM HOUSE
ST. PAUL. MINNESOTA S^lk
JNODC NO,
BOUTE
IN HC^LV Htrt« TO
NCSCO-S(77-39-01)
APR 1 1977
ate
ItnCElVED METRO COUNCIL
31 AlAKiQjlpii^Not CopM □ NoM □
: 2 197r __ . . ___
NOTICE OF APPLICATION FOR PERMIT
1. Mr. Robert Birkeland, Mound, Minnesota, has applied for a Department
of the Army permit to dredge a small-boat channel on his property on Forest
Lake, a portion of Lake Minnetonka. The site is located in the SWii of sec.
7^ 117 N,, R, 23 W., in the Town of Orono, Hennepin County, Minnesota.
2. Dredging of the channel would consist of deepening an existing inlet by
dragline to a depth of 6 feet. The size of the channel would not exceed
the dimension of the existing inlet, which is approximately 40 feet wide
and 150 feet long, as shown on the attached plans. The dredged material
would be deposited as fill around his house.
3. The application is being processed under the purview of Section 10 of
the Rivej: and Harbor Act of 1899 (33 USC 403).
METROPOLITAN COUNCIL
REFERRAL
FILE NO._JjJi0_l
DEPARTMENT OF THE ARMY
rr. PAUL DirrmcT. corps op engineers
1135 U. s. POST OFFICE S CUSTOM HOUSE
ST. PAUL. MINNESOTA SBtOl
POSTAOC AND FlC* PAID
OlPARTMCfdT OP * HK ARMY
DCD-SI4
OFFICIAL BUSINESS
penalty POR PRIVATE UIE. tSOO
MR JHh N RilTFORH
DcFF^HAL CnORDlNATUR
ROOM dOO HFTPO Sn.jARE HLOb
h ETHOPOlITAN council
«;T PAUL
GENERAL REGULATORY BRANCH
pc.*'/
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NCSCO-S(77-39-01) ’ —"
SUBJECT: Notice of Application for Permit
4 We have conducted an environmental review based principally on
information provided by the permit applicant, and our environmental
impact assessment Is inclosed. The decision whether to issue a per
mit will be based on the probable Impact of the proposed activity on
the public interest. That decision will reflect the national concern
for both protection and utilization of important resources. The benefits
which reasonably may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered; among those
are conservation, economics, aesthetics, general environmental concerns,
historic values, fish and wildlife values, flood damage prevention,
land-use classification, navigation, recreation, water supply, water
quality and, in general, the needs and welfare of the people. No
permit will be granted unless its issuance is found to be in the pub
lic interest.
5 Interested parties are invited to submit to this office written
facts, arguments, or objections within 30 days of the date of this notice.
These statements should bear upon the suitability of the location, the
adequacy of the plans and should, if appropriate, suggest any changes
deemed desirable*
6.- All replies should be addressed to the District Engineer, St. Paul
District, Corps of Engineers, 1135 U.S. Post Office and Custom House,
St. Paul, Minnesota 55101, Attention: General Regulatory Branch.
\
FOR THE DISTRICT ENGINEER:
1 Incl
as Chief, Construction-Operations
Division
environmental impact ASSESSMElw
permit application NUMBER: 77-39-Cl
determination stated beJow? arriving at the preliminary
1. Social Effects
SSSHS^
on or eligible for iecloslon on thrRe8;L“e“e^rioc “tM°Jrtie“ “r"*
bi«;ri eTL^?under the requested permit. r » oy cne work to be accomplished
2. Economic Effects
ip'o" Sr“pe%"1e!o'“. “-1“ ■>-' * "‘nor beneflcinl
3. Alternatives to the Proposed Action
Other than the no action alternative 1 » e u
to be .,o reasonable alternatives to the’p^^posed Ictlon!*^
Determination
of the human er.vlronme^! ?S^efore an^® J "“Ut,
Will not be prepared This ®""'i>^°"“ental impact statement
warranted, as a result of^lnfor^ determination may be reversed, if
local agencies? co^eJcffrom *’>' ‘'“‘"“I- ^fate. andto light. public, and any new Information brought
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(L Telephone 473.7357
VOBONO'
ik^« -. **.r- 4
CITY of ORONO
Post Office Box 66*CrysUl Bay, Minnesota 55323•Municipal Officca
On the North Shore of Lake Minnetonka
April 6, 1977 t
Mr. John Rut ford
Referral Coordinator
Ifetropolitan Council
300 Metro Square Building
7th Street § Robert Street
St. Paul, Minnesota 55101
Dear Mr. Rutford:
Th« is in response to your letter dated April 4, 1977, regarding Robert
BiTlceland’s application for dredging of a channel on Forest Lake.
This year's lew water table has resulted in a flood of applications for various
t)^s of dredging in Lake Minnetonka. We, in Orono, have becotne very concerned
about the total effect from these proposed projects if they were all to be
approved.
Became of our concern, on January 10, 1977, the Orono City Council declared
a moratorium on any and all dredging proposals in Orono until July 1, 1977.
date ccxild be extended so ^ to give Council, Planning Comission and
"i*tf 3nplc time to adopt policies and standards to consider in reviewinc all dredging proposals.
There are provisions for obtaining variances from moratoriuns, but to date
this particular project is somewhat cloudy. We have no certification as to
the existing and projxjsed dimensions of the channel in question.
I am enclosing a copy of the Council resolution dated January 10, 1977, when
the moratorium was declared. If you have any questions, please don't hesitate
to contact me.
We would appreciate your respect of our position until we can resolve this
matter. Thank you.
Sincerely,
Henry F. ftiihich
Zoning Administrator
HFM: be
Enclosure
'ij ‘7
Tlismas S. Jr,, CKsirm«i
D«vph«v«i
Ra6«f1 S. M4cN«m*r«. V*c» Ch»ir«n»f«
Alan W. CUft. SrcrHary
Mtnntlonks B»adi
Aob«fi T. Brown. Tr*«utror
GrrrffiDoi
Edwari G Baumofi
Tonka Bay
B. Jon f hrman
Mmnalr^ta
Orval B. Fanttatf
MchM
Frank B. Hiail. Jir.
^rifif Bart
Myron Uarry) Jtahnaon
CacaloMr
William C. Kaolar
Biarnimai
Anfua T. Marriaon
WeodInM
Norman W. Paurva
Or ana
Baton K. PilliAory
Mmna tonka
BicAartf J. So4artor§
Victoria
Gaorfo M. Tallon
Lakalown Townahip
LAKE MINNETONKA CONSERVATION DISTRICT
402 EAST LAKE STREET WAYZATA. MINNESOTA 55391 - TELEPHONE 612/473-7033
MIKA, f XFCUTtVC 0lB£C10B
June 6, 1977
mi
Mr. Ronald R. Earnacic
JiLnn. D.H.R.
1200 Uarner Road
St. Paul HK 55106
* • ■» l‘>77
VlLL/iCc OF OROWO
Subject: 12CR RecoocDeDdatioDS coocerning the Issuance of
Rredging Permits by Other Igencies, and Applying
to the follov/iog Permits Specifically:
4»-^irV«»ieDd, Robert (Orono)
Curly's llinnetonha Marina, MOl ^77-6446
Lord Hetchers of the Labe
Middleton, Blake (Beephaven)
*^orth Star Marina, DUR ^77-6329
Smithtovn Bay Association
The Lake Minnetonka Conservation District at its lest regular
Board meeting, upon reccnraendations of its Environmental Com
mittee, wishes to make the follov/ing recommendations concerning
the issuance of dredging permits on Lake Idinnetonka, and
specifically affecting the applications above.
The UED Board of Directors recoomends that all dredging
permits, ezid particularly maintenance dredging permits on
Lake Minnetonka, be denied by the permit—granting agencies,
including the Minnehaha Creek Watershed District, the
Minnesota Department of Ratural Resources, and the U. S.
Army Corps of Engineers, unless it can be satisfactorily
demonstrated that:
1.Onshore erosion control facilities will be provided to
prevent ongoing siltation from surface runoff in ac
cordance with eJdsting M.C.W.D. regulations.
2.Suction dredging will be used in lieu of clam dredging
1/herever possible.
3.
4.
Ho cutting into beds or banks of the Like is included.
Inspection will be provided by qualified H.C.V.’.D.,
D.IJ.H. or CoE personnel during dredging orerations to
insure permit compliance, including but not necessarily
Pf lolrd on Papef MaJe wiNi Becycle^ Fibers
I
..-A.
LAKE MINNETONKA CONSERVA''DISTRICT7
I*Ir. Hooald D. Earnack
June 6, 1977
Page 2
!
limited to protection of bottom seal, preclusion of
cutting into banlis and environmentally satisfactory
disposal of dredged material.
5* A certified copy of the final inspection report showing
that all ^ovisions of the permit have been satisfac
torily accomplished, be provided to the li'ICl) by the
permit-granting egency.
Addendum to S!nithtov.*n Bay Association Annlication?
The li'CI) Board of Directors reviewed the eTjplicetion of the
Smithtoini Bay Association and the City of Victoria for
maintenance dredging and other ”in v/ater” vork in the man
made inlet which is used for boat docks by the Smitbtown Bay
Association. The e>dLsting area v/as dredged, cut and partially
wood sheeted some years ago by the Association. Previous to
that it was a small natural drainage ditch carrying overflow
from Lal:e Virginia. It is another example of a project which
never should have been allowed initially. The developed side
of the inlet is partially protected from erosion by wood
sheeting. This material is badly deteriorated in spots end
will eventually have to be replaced if erosion on the de
veloped side is to be prevented. The undeveloped side ><»«
no erosion protection. Regardless of current proposed work,
significant re-siltation of the majori'^ of the inlet will
continue to recur from both the undeveloped side the overflow
from Lake Virginia.
However, since the v;ater area is a fact, further dredging of
bottom muds will do no significant damage if dredging can be
properly disposed of. It should be recognized, however, that
the regulations of the H.C.V7.D which require that steps be
taken to prevent re-dredging in the future, are impossible
in this and other similar situations without large emendi-
tures of money. This is apparently recognized by the H.C,V/.D.
since they continue to grant such dredging permits without
any effort to see that their regulations ere follo\/ed. The
recommendations (items 1 through 5 above) of the UCD Board
of Directors for maintenance dredging should be followed.
Addendum to Birkeland Drodcinr Amnlication;
The U£D Board of Directors disciisscd the application of
LAKE MINNETONKA CONSERV - ooi/^si4ncT
4r<
ly
Jb. Ronald R. Earnack
June 6, 1977
Page 3
! i
Robert Birkelaod in Orono involving what aj^acB to be
oaintenance dredging of an inlet that was ertiTicially cut
into the shore end niarsh at soae time in the past. Initial
dredging and bank cutting of this type should never have
been allowed in the first place, but since it is a fact, no
fittther damage will be-done by maintenance dredging of bottcxD
muds providing the reccaaendetions (items 1 through 5 above)
for maintenance dredging outlined by this Board is followed.
Under no circumstances should further cutting into the bank
(above 929*4) Re allowed in this or any similar case.
Tour continued cooperation in helping to "Save the Lake" is
appreciated.
Sincerely,
LAKE MIHHRTONKA COHSIHVATIOH DISTRICT
Executive Director
iH:jm
cp:City of Orono
City of Tonka Bay
Ci*^ of Spring Park
City of Deephaven
City of Tictaria
liinnehaha Creek Watershed District
lietropolitan Council (c/o John Rutford, Referral Coardinator)
U.S. Army Corps of Engineers, c/o \fa. L. Goetz
Robert T. Brown
.! i
1 /
ter STATt Of
DEPARTMENT OF NATURAL RE50L^^S
CENTCNNIAl OFFICE BUILDING * ST. PAUL, MINNESOTA • 55155
August 6, 1973
Robert L. Birkeland
1298 Wildhurst Trail
Mound, Minneso,ta 55364
Dear Sir:
EXTENSION OF TIME, PER'flT 72-115, FOREST LAKE, HLNNEPIN COUNTY
We have your letter dated July 17, 1973. We are extending the
termination date on this permit to December 30, 1974, All
other terms and conditions of the permit remain in effect.
Sincerely,
DIVISION OF WATERS, SOILS, AND MINERALS
Lawrence D. Seymoo^, Supervisor
Regulations Unit
LDS:gjm
cc: Lake ^!innetonka Conservation District
Minnehaha Creek Watershed District
Village of Orono
17
ADMINISTIA1IVI SIIVICEt • ‘aVA? I •!, SOU S. AND MINHAli ____• lANDS AND EOMfllT
<4
1
LAKE MINNETONKA CONSERVATION DISTRICT
402 EAST LAKE STREET WAY2ATA. MINNESOTA 5S391 • TELEPHONE 612/473-7033
MIXA. rxFCUTiVC OlRiClOn
June 6, 1977
Tbomat S. Jr„ Chairman
Davphavan
Rabarl S. MacNjwnara. Vica Chairman
Waiaala
Alan W. Ctart. Srcralary
Mmnatonka Baach
Robarl T. Brown. Traaiorar
Grarn»oo<
Edward C. Bauman
Tonka Bay
R. Jon Ehnmat
Mmnalritta
Oraal R. Eantlad
Moot#
FraiA R. Hull.
Sjprint Part
Myran Uarry) Johnson
Eacalaior
William C. Koalar
9»orawoo4
Angus T. Morriion
Woodland
Norman W. Paurvs
Ororu
Ratoon K. PilliiMiry
MmnotanAa
Rictiard J. Sodorbarg
Vicloria
Goorga M. Tallen
L akaiown Towmship
J ’lr. Ronald D. Barnacle
l^inn. D.H.R.
1200 Varner Hoad
St. Paul I® 55106
)«77
VILLA'S OF ORONO
Subject: U4CD Recanaendations concerning the Issuance of
Ihredging Permits by Other Agencies, and Applying •
to the following Permits Specifically:
A^irkeland, Robert (Orono)
Ci—ly's Ilinnetonka Marina, Mai ^77-6446
Lord Fletchers of the Lake
Middleton, Blake (Beephaven)
i^orth Star Marina, DHR #77-6329
Smithtown Bay Association
The Lake Minnetonka Conservation District at its last regular
Board meeting, upon reconiDendations of its Unvironmental Cooj-
wishes to make the following recommendations concerning
the issuance of dredging permits on Lake liinnetonka, end
specifically affecting the applications above.
The 12‘XID Board of Directors xeccaaends that all dredging
permits, end partictdarly maintenance dredging permits on
Lake Minnetonka, be denied by the permit-granting agencies,
including the Minnehaha Creek V/atershed District, the
Minnesota Department of natural Resources, and the U. S.
Arin7 Cori)s of Engineers, unless it can be satisfactorily
demonstrated that:
1.Onshore erosion control facilities will be provided to
prevent ongoing siltation fXca surface runoff in ac
cordance with existing M.C.W.D. regulations.
2. Suction dredging will be used in lieu of clam dredging
iJherever possible.
3. Do cutting into beds or banks of the Like is included.
4.Inspection will be provided by qtialified M.C.V.D.,
D.H.H. or CoB personnel during dredging operations to
insure permit craapliance, including but not necessarily
Prtnifd on Paper Made with Relucted Fibers
J
«# 2 17
LAKE MINNETONKA CONSERVATION DISTRICT
Co-Chairooni
Co^hairoani
Idvisoirat
Ex^rfioiot
Robert Brown
Herbert BankiosoD
•Jack Chandler
Alan Clark
Orval Fenstad
Lorrajme Garin
James Gratfawol
Rogr Basse
Thomas Maple
Bonald Aeious
^3avid Cochrane
Jeff Davis
Robert Naegele
Peter Touart
Robert Searles
Ikank Mixa
Action repoort of ESIVIRaNMEnTAL COKKlTTm
Meeting att Bart'a Cafe, 6i00 a.m., Jvily 22, 1972
Attendanoet
Aotioni
Searlea, Maple, Brown, Pillabury, Bankinaon, Clark, Coohrana,
Gerrit Sohmidt
1. Permits - The following permita were recomoended for approval to the 2BR
a. Donald Hordskog - Santa Point Channel. Rip rap iho ohannal in fkoot
of hia property.
b.
o.
i
/
d.
e.
f.
Richard VandeVegte - Paintera Creek. Rip rap creek bank.
Vernon Abel - Gideon'a Say, Excelaior. Rip rap and etrai^ten shore;
as indicated in proposal, this rip rapping oould affeot nai^bcr.
Should obtain agireesent with vest side proper^ owner.
Village of Minnetrista. Rip rapping of Enchanted Lane. Rip rapping aa
necessary to protect road way with ninimum fill only and guard rails
if neoessary.
David Hill - Black Lake. Dredging for a shore station; should provide
suitable spoil disposal plan.
providingBob Birkeland - Forest Lake. Redredging of channel subject to
suitable spoil disposal plan and eliminating the need for aqy future
redredging)
2. Marshland Drainage for Snring Park Barking Lot Through Orono.
Discussed the need for the maintenance of this marsh as part of the drainage system
’ for parU of Spring Park and Orono. There ie a storm drainage problem here.
M B
JiCfr(H iu » • .
I
r
LAKE WSfNNETONKA CONSERVATJON D5STRJCT
ENVIR TAL CGKH1T1EB
MESTUI6 JUM 17t 1972
Co~ChatxDBns Roiboxt Brown
Co-ChBixoant Ewbert Bemlcineon
1. Uke Hinnetonto Bredglng Policy. The Cocrnittee approved for reoanoenaation
to the Board the MCVD Bredging Polioy.
2. Fill Fexnita
VemoD V. Abel - Excelsior, JtinneBOta.
Bip-xap and straighten shoreline to xeduoe erosion, to ellininate rotten
weeds end dead fish traps for a distance of 62' to 124* along shore; 0
to 8* lakevard requiring 10-20 ydo. rock and stone.
Reconmendations Approval^
Village of Minnetrista. . , , . . v a^ Pilling and rip-rapping 2J0' along the Enchanted Island Lane, beyond
bridge, distance lakevard up to 15' fcr iaproving road alignaent and
prevent erosion
5. Bredging Psxaits
David Bill - Black Lake^ Spring Ibrk, wishes to dig an 8' x 9* * 2' deep
^ below water level bed for beat shore station.
Robert L. Bixkland - Forest lake, Qrono. Redredging of existing boa^
channel 25* x I50* long to 6i
Recoonendation: Approval, subject to providing that future redxedging will
not be necessary.
Marina Shopping Center, Seton Lake, Spring lUxk.
boat channel 70* x 266* long to a depth of 6*.
Redredging of existing
Reconnendation* Approval, providing chai^l extends dirwt^ Ves^«3^ fksQ
Red Owl store to Seton lake. ^
I Beaohside Development, Inc., Lost Lake, Mo\a)d. Dredge and fill 4' hoat
channel in along a Southeasterly side of Lost lake. Mound, requiring
excavation of 30,719 yds. of ouck and silt,
Reooonendationt Deny perait, as it conflicts with Dredging Policy.
5>EPAUTMPVT of Natural Resources
TD
STATE OF ^
t Lake Minnetonka Conservation Diet.
3300 North Shore Dr., Wayzata, Mn. 55391
FROM I Eugene R. Gere, Director
7
DATE: June 15# 1972
Division of V/atei^ Soils.& Mnerals
-// >> . ^ C A /vPSUBJECTt 22_ _ ____ _ _ _ _ _ __ _ _
./iJA^.^v>4^pplicant)
7(JL Connty
We are sending this permit application for your information. Any
comments or recommendations will bo sincerely appreciated.
Encs.
kc-. -ifll
. . . . . .i-'.M •?. ^>UUl»UV UiV.
OE-AklHEKT OF HATURAL RESOURCES
DIVIllOH OF VATERS, SOILS I HIHERALS J.t
APPLICATION FOR PERMIT FOR WORK IN THE BEDS OF pSb L iC iJauRS’
Under M.S.A., Chapter 105 and applicable s^^tes.^C^ T
,1
1
To:COIC/ISSIONER OF NATURAL RESOURCES
CENTENNIAL BUILDING
ST. PAUL. MINNESOTA .55101
Clr*clar Reports
DtpulF Ground V.
Swcfwiary turfoco V.
PcrailU Droftino
napwetien r^9'iis>ralnag«
The applicant herein ia the oimer of land described as
I c *7 /C » u I V ^ .L r/ > T-/
L<-T V / y^.
Section
(Coveromesl lot or frACtiosal' sectioal
I Tovmship t '1 Ranee 'i- 5 (t •
H.4 S^rTf c- «-v.
which is riparian to Fv- » . . V
, Range_
C. ^ ,t»
. County,
flTke or Sirei^
and applies herewith for a permit to work in the bed(s) of the public waters narced above
all in accordance with the data which follows and the maps and plans attached hereto and’
nade a part hereof.
IT IS FROroSED TO; CJExcavate, (HJPill* CD Construct, I I Change, RElRemove.
I I Abandon, I 1 Other (specify)________________________
THE F0IX0WIN3: □Dike, □Channel, □Breakwater, I I Revetment, I—I Harbor.
Obstruction, □Dam, □Bridge, □Culvert, □Pier, □Wharf
(□ Boat House, Q] Shoreline □ Other (specify) 7~_________*_
FOR THE PURPOSE OF: □ Beach improvement, □Navigation improvement., f~l Shore
prot ection, I—JSafety measure, □) Lake improvement, I I Public Crossing
□ Private cessing, □Flood control, □Erosion control, mpower
development, □Other (specify)_______________________
chammels
jEsIstIno Propetod
Length (feet)---------------/C<r /
Bottom width (feet) -------2. 5'--7
Side slopes (ratio) -------w- — ^ •
Average depth (feet)-------/■ ?
Maximum depth of excavation (feet)c.
Gradient [%)---------------
SHORE IMPROVEHEMT
Distance along shore (feet)- - -
Depth of excavation (feet) - - -
Muck ft silt - - -
Gravel & sand - -
Rock & stone- - -
Maximum depth of water (feet)- -
Material to
be removed
(cubic yards)
Payment ia enclosed in an amount of ^ ^ .3
RLUSC READ BEFORE FILLIHC OUT APPLICATIOR
•* •Mdiif • Bli iicl A4itfiHin tiickiess. i -I H Q O Ai
t !• f.« i. t'o boil k-o..,.°i.rbor. ..4
4. Sbof proucttoi work. »ot rtq.irin TUlUf oa lake or atraan b«4a.
(contin%igd on rgtjgrs€ side)
f
.1
t:
^ #
Tr*
f
§=“35?=-” 8”r■§S"E'“8K”'™
□other (specify)- - - - - - - - - -- - - - - --- - - - - - - - -- - - - - - - - - - - --
^ppUM^on and infomation .ith the Co^Usioncr of Natural Resources is pr.nm facie
evidence of the correctness thereof.
COPIES OF THIS APPLICATION AND SUPPORTING
DATA HERE SUBltlTTED ON
r -r -------------
------------(1^ f.ity. town or Doro»|>
(*t-^f < // /</• a' /
Address / *
---------------Nine of wsiersbed d.siiici j
Tiov 'll! OL*f^7/hf7^ A1/a ^'U.
Address
__________ ____19Zi-Dated this “P day of—
Applicant ^
Signed ah '■ '
— >>? 4^ < /</A ^ <_
// 'City Ar £»d /.«-/ _________Phone__iiL=^'
State.• / /V ^ 7 Zip.srs“z^
AFFIDAVIT
State of llinnesota
County of WRNHEPIN
08.
On thi8__Ztli,day of! ebruarj A.D. 10 7? before me personally appeared
> *•»
Ukoter. for Vat -il in ilafner
or 5 •* - Tc:i];;ivlow Girdcna
-4 j .Jor.n« In 3o:jnty, .Mnnnsota
j ^
35
— —
3fe>
6-h
<»Aif
/
-44
• 42 41 / 40
-73 / /i“^’ /
• • •.^ - —••
froto: V.:--: on of j..:
Arlelvh CTilt**:; 1 :A'’C‘'**or- *rovoT*"j^r
H/. QuCri*
- f
Scale: 1” = lO":*
.Date :
:tor lor U. Jo:'r'n
rro''"'j-; 1 I 1'Ti? ourvayor
* rn *1-tri* lor. Vo,606^i
PAyo-iiS
■> • ■ N ' V' '■-.1^
•* s
W 70 so
M«*. II 70
STATE OF Mlt^NESOTA
OEPARTMENT OF NATURAL RESOURCES
0! VISION OF WATERS, SOILS AND MINERALS
Centennial Office Building. St Paul. Minneiou, 55101
/ ' < * /1. 1
P.A. No.72-115
#21
INTMEMATTEROP THE application OF Robcrt L. Birkcland
«ore PERMIT TO change THE COURSE. CURRENT. OR CROSS SECTION of
Forest Lake*
Hennepin------Ccjnn-.
PERMIT
•etien. map*. *'•'*"»"'* •"«* infotmaiioo coniainMl in ihc permit aopiication,
IS HEREBY GRANTED to Rolier^ ^Biricela nS” ” "'*• •" '**'*®* Pv teference. PERMISSION
communications pertaining to th.* permit i*L298 Wlldhurst Trail !!*!l*!* '***** "®'“” *"** ®*'**
not*, from the psrm.ttee. Mound, Minn" 55364 -----------------
To ; Excavate two feet of material from the bed of an existing channel.
PROPERTY DESCRIBEOac
T117N, R23 W,Lot 36, 41 & 42, Tonkaview Gardens, Section 7,
for tht purpoM of navigation Improvement f
This p«mit is gronied tubiM to the follovving GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
Hennepin COUNTY
2L
3.
4.
S
a
II.
•V.
1973
lime may bt obtainad.
Upon
Comm.uior.er of Neiurel Resource*
Commowooer of Neiurel Resources, without notice, et eny lime he deems it neemsarv for the
• •
S?£CIAL P.p.OVISICNS . ,
ComtructK>n Mork euthor.rcd under this permit thell be completed on or before November 30.
wr.iten request to the Comnusuoner by the Pernuttce. stai.ng the reawn therefore, an e«icm.on ol i.me .ns ___________
The e.ce|^i.on of toil euthorited he.e.n .hell no. be consl'rued to include the removal of orgen.c metier belOW the
—ordinary hiyh water mavV__________ , ^ ----------------------------------------
removed .t .mouvuus or u u..,o by the «,pl.«,.on ot bentonite after •"** ***'’ *•
P*"hittee of anything authoriredby thispern.itshellinvolveihettkin9.ut.ng.o.dameg.nQolanyproperty
acqune at. property, nghis and .nierrtu necessary therefor. eBmcui, or authm.lics concerned, and shall
agentsoremptoyee,
the provis.on. ol the prm.i or «,pr*.p., *"«'«ye., or con.ru:,c. to, nolanon o, or ,„lu„ «, comply sTJh
portwn of the bed of sard rrraier* which l.et below. DOrmal OFcfi DarV ** P»«ced on arqr
wme ■.!„ of the work lor the purpose ol compiym, '*• •"
opm and
tovml
r SPECIAL p;^OVISIONS
VII. Receipt if hereby ackoovv4cdge of s8« 32 M peymrot for XXXX^XX Cubi^miHol
or rock end 416 oibtc yerds of m^ck end i!H. the cmr-giey a^uny^^^SterijI fo*bf remov
computed at the rtte of ten centi per cubic vrd lor a.nd md prewc! end t»vo cenn per cffivRfVb fdr muck end tilt.
i^unyt^ntteral loSt rttmovc<ySvm»
jfWj fdcmuclr end tilt. I ■
citf ^tSt
eki. pdile^d Mirwreit.
Pe^tiet e^eet by ecceptance of thu permit at tho%*/n by commencement of work authon^ Jefejnd^lo_pa)j|bv ccc£A^ check, ^Ak or
postef money order, rrade payable to the State Tre.nurer end delivered to the Director 0«viKof of VVatckirScMbnd K^wTSf Oeparii^t of
hleturel Retou-rcet. Centennial Office duildinp. St ^aul. Minnesota SSI01. lor any rr^atena! rerr>ovcd from the bed of public watert in tacett of
ihei to eftimated. at the above rate wnthin thnty days after completion of tne avork authorised hereumfer.
VIII. Excavated material may not be placed in any v/etland| marsht river
or lake.
Before this permit is in effecti approval of the local conservation
o^^icer must be secured for the disposal of the excavated material.
*IX. UaiDtenancG of the channel in the future is restricted to removal
of accumulations in the same manner and to the same extent as
stipulated in this permit. The nearest State Conservation Officer
shall be notified 48 hours in advance of each cleanout operation
herein authorized so he may report the results to this office.
cc: Mike Grupa. State Cons. Officer
4701 Wilshire Blvd., Mound, Mn.55364
cfYank Mixa, Exec.Dir. of Mtka.Lake Cons. District
3300 North Shore Dr., Wayzata, Mn.55391
Ralph H. Morten, Village Adm.
Box 66, Crystal Bay, Mn.55323
Donald Fultz, Director of
Enforcement & Field Service
Milo Casey, Director of Game
and Fisheries (2)
Region I Headquarters
DATED AT ST. PAUL. MINNESOTA. THIS
October
12 th day of
Uivaion of Watersr^it 41 Mintralt
IT
Mihures OF A PLANNING COMISSICN MEETING HELD JANUARY 17,
The Zoning Administrator informed the Commission that
applicant will be returning with new plans. The sketch of
the revised plans included some changes in the marsh land
primeter vhich could result in some problems. Dredging
has been eliminated in this revised proposal. Mr. Muhich
alp stated that the contractor has called requesting that
a building peimit be issued for Lot 6 of the revised
proposed plat. Mr. MLihich explained to him that this is
not permitted prior to the filing of the plat. Mr. Steve
Wilensky of Brauer § Associates was present. He assured
the Comnission that he would submit revised plat shortly
so platting procedures could continue.
McDonald moved, IXinlap seconded, to table this matter
until the revised plans are submitted. Motion - Ayes (5). Nays (0),
The Planning Ccnrdspon discussed report prepared by Mr.
l^ich and agreed with contents. Reports from other
departments will also be submitted. The Commission
instructed Zoning Administrator to notify applicant to
be present at next meeting when the Planning Comnission
would take action on this matter.
IXmlap moved, Pesek seconded, to table this until the
next meeting. Motion - Ayes (5), Nays (0).
Dunlp moved, Pesek seconded, to table this matter until
appli^t subnits revised proposal. Motion - Ayes (S), Nays (0). / v /,
Planning Comnission was very concerned over discrepancy in
content of application. Current application requests
^proval of dredging of a 50' channel siq>posedly approved
application and ENP approval stipulates
u Mr. Birkeland was present and stated that
he did mt know where the 2*^' width came from. His plans
are to finish the other halt which was not conqileted
several years ago, but not to make channel any wider than
presently exists. This would involve dredging 25' down
the middle and slope the sides. At the present time, he
cannot navigate his pontoon out throu^ the mouth of this
chaimel because of the algae and weeds that have built up on the bottom.
Dmlap moved tc recomnend approval to open up closed part
of channel but not to extend over 25 • bottom width
already dredged subject to engineer’s approval.
L r^):: PAffi y
f
VICTORIA GRAIN COMPANY
500 NORTH AIM DRIVE
SUBDIVISION (PRELIMINAinO
(#200)
JAkES McCLEARY
3445 BAYSIDE ROAD
NGN-OONPORMING USE
(#201)
JACK RHODE
1410 BOHNS POINT ROAD
VARIANCE - LOT AREA «
WIDTH - CONDITIONAL USE
PERMIT (#210)
ROBERT BIRKELAND
1298 WILIHJRST TRAIL
WETLANDS VARIANCE
DREDGING PERMIT
(#217)
1
MIMmS OF A FLAWING Ot»MSSICN AEBTING HELD JANUARY 17,li
rv
//
0
”s"tS^sniii“^)S4‘tte“hoSs -r^® •*-:ter lengthy Pl““-
additional informatim requested seme
drawings and topogs of exist^^^S”^ including engineered
and extent of S^iJg elevations
Menber Dunlap withdrew her motion.
detennine whether project would necessary to
naintenance of existiiT^aS^l o** only
the first applicationof 197?^hae proper plans with
of the proposal today. resulted in the uncertainty
Sn«”ssri«:“ i=&Si
wSdUbo^ “V engineertog c ,su• ^Hixxcanr w
would be borne by him.
““ “ he •>««agencies in 1973 Pim • ^rawings to some of the other
a.^uc«t Ctaod submit th7dSSn1l‘S;.?“
the Upper
c«c«m over SI
filling of wetlands. JSTeJ.5*fi,f”?-‘’'®^*“* “*
of .the ffSS‘so’S2r"S
and not to invest^ th^ »« • meeting of Fd)ruaxy 7, 1977,
would make a site Ss^ltiSf^'S* '"** '^“"Ission
Birkeland might be^ETS^rSl^^’'
^pJffis^s'SVp^SS^®* hard, hellsrequii^d as thiTis^ w ^ Dedication Fee is
creating any new building sitesT®^"^*
final plat is”the^s^*S°theDrS*-*^^'^ ^
^ IS dSeTnTOiV^.^2lL-^-the fact that finarappj^*^d^rtl!^^ ®^ conditioned cr olaSS in^cate approval ofp aimed. Motion - Ayes (5), Nays (0).
ROBERT BIRKELAND
(continued)
(«17)
bceye -aneerscn
SOO N0R3H AR4 DRIVE
aMmSKW (FINAL)
(*
ROBERT BIRKELAND
(coitljiued)
(#217)
177,
boeye -anderscn
500 NORIH Am DRIVE
SUBDIVISION (FINAL)
(#128)
•UMJTCS OF A riA-KINO CatflSSIW IKCTING inU-D FTKUARY 7. 1977 -m
^ • t A nrul 5 as one building site until the problem
tl.c soil conditio,, and dry buiWnble area
4. 'p"lW,"'r?'rpp;cval docs not indicate approval for any
5. sSjcc/’to a Park Dedication Pee.
Votion - Ayes (4), N’ays (0).
H the cit; kouf
Connty tailteMe irea of.Uts 4 and
not be includ v» ini- will lack the required niniinum 2 acre
SSir-fetf ?Mttnnr;?o^sal.
Nays (0).
.h- Birkeland was present. n,e Zoning A.tainistrator tcranded
sr^o-ircT^efSart^d
COnrdssion ^^d location of pro-the configuration of the exisri g ^ moratorium has
bSi fir dredging in order to develop sone gurdeltnes.
: The Ca^ission suggested that tir MrkeW^
A.i^Sl'’rd'iiiild i; rnilntained.
order to el^nate any graith of algae and ueeds ^.nicn
look appealing.
After a brief discussion, Pesek moved, Dimlap ^
Veco.Tmend tliat Council honor the moratorium f
StS^pending a resolution to the moratorium in effect imtil
1 July 1, 1977. ?‘otion - Ayes (4), .says (0).
'V Birkeland v.as infoircd that this item ’.ould he ^
Coimcil on February' 14, 1977, and he could request a uecision
at that time.
. .dtWDt^TiR
(continued)
(#200)
JACK RHODE
1410 BaiNS POINT RQAD
VARIANCE - LOT AREA 5 WIDTH
CONDITia'^AL USE Pl^lIT
(#210)
ROBERT BIRKELA.ND
1298 WILDHURST TRAIL
WETL42WS YARIA'KIE - DREDGING
PEir^nT
(#-17)
4*'
If
-
a.
V ••>
%
Ah.V. r
AM.
z. >y
li±Li.
AMS
c* €f
*» Ni
ysj
til'll •j‘
•:f # 4
01 */'
Gi}.RDtN^
V /y
’
lane
i-.f
/‘-■a
'i *. --l;/* ■;
'■«4«
i
^/•
fitcjf - 3.-lo~7t~To: Hank Muhich
From; Paul Kastsr
Date: February 9, 1978
subject: ■;Pre?imIna?yr''"^
•"• Un’'we^n%o«a°'"he slid
#2. See drawing, it ®^o^®/|^®®t^2^1/2^to"3 feet°S fill
driveway. I would J^°“^-^.ting on Lot "A". On
and do a small amount ® southeast and eiter
:V- “%"!trsel%»^e.n!;e^°dr^-ay wiU be
?Snilveway and the ?^?nt ?iad al tSefeet wide and commence on Casco across
Northwesterly corner of ^ Lot "A"
Lot "A" parallel to the Northerly siae oi.
to Lot "B".
#3. Last Pall I went to "|“eet®dMron*'^®"*
fa^fSdfofTascrioirSoal fsee drawing for
prowled s^er) . It will be passrng under present
grade by about 4 feet.
M. I also asked James C. Olson how
l^*ne!”^eTlsnrd"^ 1^^ would b. good.
I will install a 12in. °*the drainage easement, under the driveway.
end of ^|gg®%eiJ®of^the%o^theast
"A^tnd^extend across Lot "A". The
on tS center line of the drainage
"Tof Lo? "A"! "?he S«Sage
SS out 7 1/2 feet on either side
The Northerly
easement will
corner of Lot
Southerly end
easement will
Southeasterly
easement will
of this line.
. j _ /s Olson about erosion control,
kri^b^ff dik« wili.be fine (see drawing for
proposed straw bale dikes).
Yours trul;
I Paul Raster
Paul' Kaster - 2600 Casco Point Road
Subdivision (preliminary)
Page 2
#346
1. Stephen B. Woodrich, 2590 Casco Point Road
2. James L. Tobin, 2585 Dunwoody Avenue
3. Mr. D. K. Waterous, owner of property at 2648 Casco Point Road
The Commission acknowledged receipt of copies of letters outlining
suggestions and recommendations from the D.N.R. and City Engineer.
The letter from the D.N.R. suggested a preference of access and utilities
be located along the north lines rather than in the unimproved public
right-of-way along the south lot line.
The letter from the C^
following:
Engineer suggested the applicant submit the
(1) Certified survey of property specifically locating Casco Point Road
right-of-way as traveled.
(2) Indicate access driveway and utility easement for Lot B on proposed
plat (along north lot line of A).
(3) Driveway plans (existing and proposed elevations - fill required
and driveway cross section).
(4) Sanitary sewer detail - (elevation of existing municipal sewer line
and proposed Individual connections and grades of sewer lines for
each lot).
(5) Indicate surface drainage easements on property including culverts
if necessary under proposed driveway. Drainage easement to be approved
by City Engineer.
(6) Submit an erosion control plan prior to construction on either lot.
Erosion could be cr strolled with mulch, temporary straw bale, dikes
or other techniques to prevent sediment rxinoff, (erosion control
method to be approved by City Engineer).
The Zoning Administrator suggested the applicant prepare revised preliminary
plans and submit them for review by Planning Commission at next meeting.
Also suggested the following conditions be resolved prior to submitting
final plat for approval so resolution of approval could be t;'nal without
any tmresolved conditions:
(1) Park dedication fee of $2,000 ($1,000 per lot).
(2) Current title opinion addressed to City approved by City Attorney.
(3) Pa)rment of additional assessments:
a. One water unit of $580
b. Two sewer units (one for each residence to be paid
when respective building permits are issued).
Planning Commission after reviewing proposal tabled the issue until
revised plans are submitted for consideration.
TO:
FROM:
DATE:
SUBJECT:
#358planning Commission & Council
Hank Muhich, Zoning Administrator
February 21, 1978
Tim Adams (Farm at Long Lake) - 820 Brown Road North
Variance - Zoning - Shoreline>Requirement
This application is in relation to the preliminary subdivision proposal
of the Farm at Long Lake (#317). The Planning Commission recommended
approval of the preliminary on December 5, 1977, subject to several
conditions. One of these conditions was that all lakeshore lots have
200 ft. of shoreline.
At the following Council meeting Mr. Adams requested the shoreline
lots be approved as submitted. The Council instructed the applicant
file a formal variance application for review and recommendation by the
Planning Commission.
Since we are all familiar with the original plat and application I feel
we could waive the customary work session review and act on the issue.
Exhibit A
" B
APPLICATION
Reduced copy of preliminary plat
indicating location of variance
request
CITY OF ORCNO, MDMESOIA
Conditional Usa and Variance Applica
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CITY OF ORONO, MINNESOTA
MINUTES OF A PLANNING COMMISSION MEETING HELD NOVEMBER 21, 1977
The Orono Planning Commission met on the above
date with the following members present:
Chairwoman McDonald, Members Hammerel, Hurr, Hannah,
Hassel, Frahm and Wilson. Also present:
Zoning Administrator Hank Muhich.
ATTENDANCE - 7:00 P.M.
The Planning Commission and several members of
Council viewed a slide presentation on the
mudcat dredging method currently being proposed
for the West Shore Lafayette Bay Association.
Chairwoman McDonald announced that this was the
time and place for a public hearing on the sub
division application of the George Jackson
Construction Company for property located at
90 S. V7illow Drive. The Zoning Administrator
presented the Affidavit of Publication and the
Notice of Public Hearing.
The Zoning Administrator explained that this
subdivision application is a proposed replat
of Lots 2 and 3 of the Kelley & Kelley sub
division which recently received final
approval by Council. There is a slight
revision of Lot 2 of the Kelley division in
that the east lot line will be moved a dis
tance of 60 ft. to the west. An additional
easement to the east boundary line will be
provided by the developer for continuation
of the road through the development. The
proposed 9 lots meet the required lot width
and area requirements.
The Planning Commission reviewed the letter
received from the city engineer which
indicated that the following information be
provided: centerline road profiles, along
with typical street section, grading plans,
and drainage plans along with drainage
calculations.
The public hearing was closed at 7:45 p.m. as
there was no one in attendance.
Mr. George Jackson was present. He was given
a copy of the engineer's recommendations and
was advised of the additional information that
was necessary.
Hassel moved, Hurr seconded, to table the
preliminary plat indicating conceptual approval
subject to the applicant obtaining the necessary
engineering information to support the proposal.
Motion - Ayes (7), Nays (0).
SLIDE PRESENTATION i
PUBLIC HEARING - 7:38 P.K
GEORGE JACKSON CONSTRUC
TION COMPANY
90 S. WILLOW DRIVE
SUBDIVISION (PRELIMINARY
(#334)
I MINUTES OF A PLANNING COMMISSION MEETING HELD NOVEMBER 21, 1977 - PAGE 2
The Zoning Administrator advised that in review
ing this proposed plat, sc»ne conflicts were
found concerning the wetlands in relationship
to the report of the Hennepin County Soils &
Water Conservation District. He introduced
Mr. Jim Olson of Bonestroo, the engineering
firm retained by the City of Orono for review
of this plat.
COLPEPPER LAND COMPANY
(NESLUND)
40 ORONO ORCHARD ROAD
SUBDIVISION (PRELIMINARY)
REPORT BY ENGINEER
JIM OLSON OF BONESTROO
(#306)
Mr. Olson gave an oral presentation from the
written report he had previously submitted to
the City. Their findings are based on the
map, report and recommendation of the Hennepin
County Soil and Water Conservation District
and are as follows
The proposed plat is approximately 45 acres in
size and is located in the northerly part of
the City and adjacent to the City of Long Lake.
The proposed plat is bounded by the Burlington
Northern Railroad, the Luce Line Trail, Orono
Orchard Road and the City of Long Lake. The
area is heavily wooded except for a small por
tion on the west and contains several low,
marshy areas.
It is understood that the zoning reguirements
include a 2 acre minimum lot size and that sani
tary sewer service is not contemplated for the
proposed plat. Therefore, the ability to provide
adequate soil absorption sewer systems for each
lot is critical to the development of the plat
and a major criteria.
The following comments relative to soil types
have been taken from the Hennepin County Soil
and Water conservation District Report.
Peaty Muck (Pa) - The water table in these organic soils Is above or
near the surface the entire year. These soils are unsuitable for the In
stallation of any soil absorption system . Bie peaty muck soils are shown
In green on the enclosed map.
Glenco (Gc) and Hamel (Ha) - Has the highest water table during the
year either at or within 1 foot of the surface. This water table may per
sist for seyeral months during the year. Installation of any subsurface soil
absorption system in this soil obviously would not allow the minimum recommended
separation. The mound system Is designed for soils with periodic high water
tables. However, the water table must not be higher than 2 feet below the sur
face for the mound system to function effectively. Installation of any soil
absorption sy stem on this soil Is not reconnnended. The Glenco and Hamel soils
are shown in solid blue on the enclosed soil map.
MINUTES OF A PLANNING COMMISSION MEETING HELD NOVEMBER 21, 1977 - PAGE 3
COLPEPPER LAND COMPANY
(Continued)
(#306)
DundaS-CPu) and Mlnnetopka Pit) - The maximum height of the seasonal water
table in this soil as indicated by the presence of mottles is usually between
1 and 3 feet. If_jnpttling occurs at less than a 2 foot depth. Installation of
absorption system is not recommended. These soils are shown as a blue
cross-hatch on the enclosed soil map.
grin (En), - Has a high clay content in the subsoil, ^^hich often results
in percolation rates in excess of 60 minutes per inch. For this reason, it
is recommended that an innovative mound system be installed on these soils.
Mound systems cannot be installed on slopes ereater than 6 percent. The Erin
soils with slopes from 6% to 12Z are shown on the enclosed soil map as a red
cross-hatch. The Brin soils with slopes from 127. to 18% and from 18% to 35%
are shown as solid red.
Based on the Hennepin County preliminary soils report, there are major areas
of the proposed plat where no type of soil absorption system is recommended
and major areas of the plat where there would be serious difficulty with soil
absorption systems due to water table, soil type and slope.
A plan has been prepared for the proposed plat outlining the major steep slopes.
Normal residential development can generally be accomplished on slopes up to
a^roximately 12% without extra ordinary problems. From 12% slope up to about
18% slopes, very special design considerations must be incorporated into the
development to prevent serious erosion problems. No development is recommended
on slopes greater than 18%.
1-Ihen both the adverse soils and the steep slopes are overlaid on the proposed
plat, there appear to be very few areas left for :uitable residential building
and septic tank/drainfield placement. It is recommended that the proposed plat
not be approved until the City of Orono can be assured that an adequate and
acceptable individual sewer system can be provided for each lot to be platted.
It must be understood that the Hennepin County soils report is a preliminary
evaluation, but the report suggests that the magnitude of soil problems rela
tive to ground absorption systems is serious enough to required additional in
formation prior to any further consideration.
The external boundary restraints on the proposed plat will allow access only
from Orono via Orchard Road. The two narrow bridges on Orono Orchard Road
at either end of the plat and the restricted sight distance suggest only one
entrance as Indicated on the plat. The street alignment does traverse some
very steep, wooded slopes throughout the plat and does intrude several exist
ing marsh areas. The steepest slopes go through the middle of a number of
proposed lets rather than along the edge, making placement of buildings more
difficult.
The terrain is very difficult to deal with from a development standpoint.
However, it is suggested that alternate layouts be developed that may be more
sensitive to the prominent topographical features of the land.
MINUTES OF A PLANNING COMMISSION MEETING HELD’ NOVEMBER 21, 1977 - PAGE 4
Mr. Ron Bastyr, representing the Colpepper Land
Company, was present. He had some comments in
response tc Mr. Olson's report. Regarding the
steep slopes mentioned by Mr. Olson, he stated
that the developer was aware of this. They
designed the plat around these slopes which
they felt could be part of the 2-acre lot
requirement. In doing so, they felt this
would create the least amount of destruction
to the natural topography and vegetation. Each
lot contains enough area that is flat and capable
of holding a house and an on-site septic system.
Concerning the soils and absorption systems, he
had contacted Braun and requested they take some
perc tests. Mr. Jack Braun was present and
revealed the results of their findings. Tests
which they took in September and November
indicated that the soils on the preliminary plat
would support on-site septic systems. They
recommended that the subdivision of property
proceed.
When asked if Braun would be willing to design
and guarantee systems on this plat, Mr. Braun
replied that it is not their policy to guarantee
systems; however, he did add that they could
certify that the system would last so many
years. It is his opinion that the Soil and
Water Conservation District overemphasized the
problem of the slopes.
Some feelings expressed by the Planning Commission
were that this could be a workable plat. However,
more information is needed to assure that adequate
septic systems could be designed and installed on
each of the proposed lots. Some of the lots require
a variance to the wetlands ordinance. Applicant
muse show that this would be in the interest of the
public.
After much discussion, Hassel moved, Hannah seconded,
that the preliminary plat be tabled until such time
as applicant can submit additional engineering data
and information, on a lot-for-lot basis, that a
septic system could be installed. Motion - Ayes (7),
Nays (0).
Bruce Kelley was present. Planning Commission
reviewed the final plat. The Zoning Administra
tor pointed out that the flowage and conserva
tion easement over areas designated as wetlands
is not included on the final plat itself. The
engineer has prepared a written document describ
ing said easement to be acceptable and approved
by the City Engineer and Attorney.
COLPEPPER LAND COMPANY
(continued)
(#306)
WILLIAM K. LLEl
2340 FOX STREET
SUBDIVISION (FINAL)
(#278)
MINUTES OF A PLANNING COMMISSION MEETING HELD NOVEMBER 21, 1977 - PAGE 5
After a brief discussion, Hassel ipoved, Hanunerel
seconded, to recommend approval of the final plat
subject to the following:
(1) Utility and drainage easements as approved by
the City Engineer and Attorney.
(2) Approval of description of flowage and con
servation easement.
(3) Title opinion approved by City Attorney.
<4) Park Dedication Fee in the amount of $1,000,
Motion - Ayes (7), Nays (0).
Mr. Herfurth and Mr. Lawrence were present. The
Planning Commission reviewed the proposed drainage
plan submitted by the applicant as requested at
the last meeting. The Zoning Administrator
advised that the drainage plan had not been sub
mitted in time for the City Engineer to review
and make a recommendation.
Planning Commission discussed the 50 ft. width of
the proposed road as shown on the preliminary plat.
Some members of the Commission felt that the pro
posed road should be 60 ft. wide to comply with
our policy on roads exceeding 500 ft. in length.
Discussion followed on policy vs. ordinance
requirements.
Hassel moved, Hannah seconded, to recommend
preliminary approval subject to the following:
(1)
(2)
(3)
(5)
(6)
(8)
(9)
Approval of drainage plans by City Engineer.
Approval of easements by City Engineer.
Providing 30 ft. flowage easement along
creek route (15 ft. to either side from
center of creek).
Approval of proposed grades and drainage
plan by Watershed District.
Council's approval of 50 ft. access width.
Location of cul-de-sac as revised (further
from creek and natural drainage).
Completion and recording of Douglas
Dayton's proposed division.
Park dedication fee.
Title opinion addressed to the City and
approved by City Attorney.
Motion - Ayes (7), Nays (0).
WILLIAM KELLEY
(continued)
(#278
JAMES LAWRENCE
1550 SIXTH AVENUE N.
SUBDIVISION (PRELIMI
NARY)
(#323)
if"
MINUTES OF A PLANNING COMMISSION MEETING HELD NOVEMBER 21, 1977 - PAGE 6
Mr. Herfurth and Mr. brooks were present. As
requested at the last meeting, the applicant sub
mitted a copy of the plat indicating the location
of the existing buildings.
CONLEY BROOKS
1125 SPRING HILL ROAD
SUBDIVISION (PRELIMINAR
(#325)
Planning Commission discussed flowage and conserva
tion easement designation and access to the lake.
Mr. Muhich suggested addressing the conservation
easement with a condition for 6 ft. for an
extended dock to provide access to the lake.
Planning Commission reviewed cross easements for
use of driveway.
After a brief discussion, Hassel moved, Hurr
seconded, to recommend approval of the preliminary
plat as presented showing conservation easement
subject to the following:
(1)
(2)
(3)
(4)
(5)
Approval of drainage plans, drainage easements
and utility easements by City Engineer.
Approval of flowage and conservation easement
over wetlands.
The City be provided with a satisfactory cross
easement for use of the driveway.
Park dedication fee.
Additional 10 ft. right of way dedicated along
County Road 6 as required by the Highway
Department.
Mr. Herfurth be provided with a copy of the
language of easement and consider whether
some reservation should be made for access
dork to the lake at some future time.
Motion - Ayes (7), Nays (0).
Earl Sween, George Ronald and several other
members of the Association were present, along
with Gordy Coffin, land surveyor.
Earlier in the evening the Planning Commission
viewed a film on the mudcat method of dredging
proposed by the Association. Although the
Planning Commission appeared to be favorable
toward this method of dredging, they expressed
concern about the disposal of the spoils such
a short distance from the shoreline and the
effect this would have on the quality of water
in the lake.
WEST SHORE LAFAYETTE
BAY ASSOCIATION
2440 OLD BEACH ROAD
DREDGING OF CHANNEL &
DISPOSAL OF SPOILS IN
FRESHWATER BIOLOGICAL
MARSH
(#319)
The Commission was advised by the Association
that they were unable to obtain a map which
covers the area to coordinate with a soils
test. Mayor Van Nest was present and informed
the applicants that he had some extra copies
that they could use.
■
MINUTES OF A PLANNING COMMISSION MEETING HELD'NOVEMBER 21, 1977 - PAGE 7
Planning Conunxssion instructed st3f£,
upon receipt of the site plan, to forward
plan to the Hennepin County Soils and Water
Conservation District for their study and
report.
WEST SHORE LAFAYETTE
BAY ASSOCIATION
(continued)
(#319)
The Conunission informed the Association that
in the event this proposal were to be
approved by Orono, approval would be necessary
from the Watershed District, DNR and other
agencies also.
After some discussion, Hammerel moved, Frahm
seconded, to table the proposal until all
maps, data and reports will be presented.
Information to include:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
24 copies of map of parcel being
considered for disposal.
Indicate proposed location of disposal
of spoils on these maps.
Step-by-step plan for disposal (time
schedule, volume of liquids and volume
of solids).
Design specifications of protective berms.
Existing and proposed grades.
Responsibility of supervision.
Letter of no objection from fee owner
of proposed site.
Public or private damage claim
responsibility.
Proposed location of the disposal to
be m2u:ked.with stakes and flags.
Motion - Ayes (7), Nays (0).
Mr. and Mrs. Dorn were present. The Zoning
Administrator advised that this matter had
been tabled at the last meeting for lack of
representation.
Mr. Dorn's plan to construct a detached
garage on his property indicates a 64^ ft.
setback. Mr. Dorn had been advised that a
survey would be required to confirm the
dimensions prior to the issuance of a
building permit.
EARL DORN
3965 WATERTOWN ROAD
VARIANCE - FRONT SETBACK
TUIEA & SIDE SETBACK
UNDETERMINED
(#329)
Mr. Dorn felt that a survey was costly and
unnecessary. He explained that the location
of the garage was the only logical location
for it. He also stated that he would be
utilizing the existing driveway.
i
MINUTES OF A PLANNING COMMISSION MEETING HELD NOVEMBER 21^ 1977 PAGE 8
After much discussion concerning a certified sur
vey» Hassel moved, Hammerel seconded, to approve
the variance on the basis of the sketch subject
to verification of the location of the garage to
estt -.xish the line of construction. To be no
closer than 60 ft. from the road right .>f way.
Justifications: topography of the land
proposed setback exceeds
existing house setback
utilize existing driveway
EARL DORN
(continued)
(#329)
Motion - Ayes (7)# Nays (0)
Mr. and Mrs. Lyon were present. The Zoning
Administrator advised that the applicant is
requesting a lot area variance for the last
remaining site in Block 3. Access to County
19 has been denied by the County. Applicant
should provide safe access to the property.
Mr. Muhich further stated that he had not
requested the applicant to provide a survey
due to the fact that it would be too costly
if the application were denied. However, if
the variance were approved, a survey would be
necessary. No other land available. Area is
sewered.
After some discussion, Hassel moved, Hurr
seconded, to table the application and
conceptually approve conditioned on the
following:
(2)
(3)
(4)
Applicant provide survey of the lot with
proposed location of structures.
No other variances.
No access onto County Road #19.
Applicant to provide evidence of
easement or other acceptable assurance
for safe “..oess to property from Tonka
View Lane.
Motion - Ayes (7), Nays (0) .
Mr. Kruiiip was present. He is requesting
several variances to add an attached garage.
The Zoning Administrator advised that the
proposed sketch appears to indicate that
there is adequate area on the north side of
the house for the proposed garage. After a
site inspection, howeve::, locating the garage
at the north end would require removal of
several trees. Also, a very steep h’'l from
the road to the house would create a problem
with access to the garage.
THOMAS LYON
4790 NORTH SHORE DRIVE
VARIANCE - LOT AREA
(#333)
DENNIS KRUMP
280 TONKA AVENUE
VARIANCE - LOT AREA,
LOT WIDTH AND STREET
SETBACK
(#335)
J
MINUTES OF A PLANNING COMMISSION MEETING HELD NOVEMBER 21, 1977 - PAGE 9
A variance is also necessary from Hill street which
is an unimproved street adjacent to the side lot
line.
DENNIS KRUMP
(continued)
(#335)
The general concensus of the Planning Commission was
that this proposal is consistent with the neighbor
hood and an alternate location would result in
damage to natural surroundings.
Hannah moved, Frahm seconded, to recommend approval
of the area and setback variance subject to applicant
providing .uur^^ey to verify data submitted. Motion -
Ayes (7), Nays (0).
A public hearing has been scheduled for Monday,
December 5, 1977, at 7:30 p.m.
The Planning Commission went into work sessions
on the following items: Forest Arms Subdivision
(#336), Ed Lehman (#337, #338 and #339), Calvary
Memorial Church (#340) and Harry Gustafson (#341) .
Hurr moved, Frahm seconded, that the meeting be
adjourned at 11:30 p.m.
JOHN HARTWELL
820 BROWN ROAD N.
SUBDIVISION
(PRELIMINARY)
(#317)
ADJOURNMENT - 11:30P.^
I CITY OF ORONO, MINNESOTA
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUABY 16, 1978
The Orono Planning Commission met on the above date
with the following members present: Commissioners
Wilson, Hurr, Hammerel, Hassel, Frahm and Chairwoman
McDonald. Commissioner Hannah was absent. Also
present was Zoning Administrator Hank Muhich.
ATTENDANCE-7:30 P.M.
The Zoning Administrator introduced Mark Hendrickson,
from the Hennepin County Development Planning
Department, who explained the program and possi
bilities as to how the City could use the money.
Mr. Hendrickson explained that the title of the
program is the Hennepin County Community Develop
ment Block Grant Program and that it is a funding
mechanism for community development and housing
and has been in effect since 1974. It is designed
primarily for projects for low and moderate
incomes. There are 37 cooperating communites
who have entered into the joint powers agreement
with Hennepin County. The program is a guide to
meet the goals of the Housing and Community
Development Act within the context of local needs
and capabilities.
He explained that the primary objective of the
program is the development of viable urban commun
ities, including decent housing, a suitable living
enviror.ment and expanding economic opportunities,
j;rincipally for persons of low and moderate income
In addition, this funding is directed toward the
elimination of slums, etc., the elimination of
conditions which are detrimental to health, safety,
and public welfare, the conservation and expansion
of the nation's housing stock, and the reduction
of the isolation of income groups within the
communities.
He explained that 51% of the population being served
by a project must reside in households having a
gross income of less than $15,520. He reviewed
activities which could be funded through the
program. This would Include acquisition of real
property, public facilities and improvements,
clearance activities, public services. Interim
assistance, removal of architectural barriers.
He also reviewed eligible rehabilitation and
preservation activities, eligible economic
development activities, eligible activities by
private non-profit entities, local development
corporations, or small business investment cor
porations, and eligible planning, urban environ
mental design, environmental studies and admin
istrative costs.
PUBLIC HEARING
HENN. CO. COMMUNITY
DEVELOPMENT BLOCK GRANT
PROGRAM (JOINT POWERS
AGREEMENT)
I MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - FA .£
Mr. Hendrickson explained that the application
Includes a 3 year development plan with a one
year action plan, and that the 3 year community
development program must Include the activities
to be undertaken, objectives, and estimated costs.
HENN. CO. COMMUNITY
DEVELOPMENT BLOCK GRANT
PROGRAM
(con't)
He also explained the application process beginning
from the local level. First, the communities hold
two public hearings to gather pvibllc Information.
Second, there Is a public hearing held by the
Council to approve what the money will be used
for. Then one housing assistance plan Is approved
by Metro Council. This Includes comments and
recommendations and then It Is forwarded to HUD
and they review It. He added that this money
would become available In 1979.
Chairwoman McDonald asked for any comments from
the audience or the Commission.
Mayor Van Nest commented that there are many
cities using these funds for their comprehensive
guide plan. He asked If these funds could be
used for park plans. He also asked If these
funds could be used for people with low and
moderate Incomes who have not hooked up to City
sewer and water.
(
Mr. Hendrickson stated the funds could be used
for pc’k plans if they came within the guidelines.
He continued that the State has a program with
the moderate Income at $5,000 adjusted Income,
but if the City wants to add to that program it
may adjust the moderate Income level.
Mayor Van Nest asked what would happen to the
money if it Is not spent within the 3 years.
Mr. Hendrickson replied that the money Is carried
over to the next year.
Commissioner Hurr asked about using the money for a
traffic signal on Hwy #12 by the Orono Middle
School where there are not many homes. Mr. Hendrickson
replied the criteria used is determined by the
percentage of the area's population which will be
serviced by the project. Also, they have tried
to stay away from public transportation projects.
Commissioner Hurr asked about using the money to
upgrade municipal buildings. Mr. Hendrickson
replied this could be used to make Improvements
for handicap facilities.
!MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 3
Lee Tomlinson, chairman of the Park Commission,
asked if these funds could be used for park
programs. Mr. Hendrickson stated this would
depend on meeting the 51% criteria. He added
that 75% of the funds must benefit low and moderate
income property. However, there is an exception
to this 75%, which is if a danger exists such as
polluted watt supplies. He noted that all the
criteria are unly proposed and should be finalized
within the next few weeks.
The Zoning Administrator asked about using the funds
for community septic systems near Stubbs Bay, He
felt some of these property owners could qualify
within the 51% of the serviced area.
Mayor Van Nest stated he knew of certain projects
where the City will be spending money for other
projects and did not feel it was right to make up
projects just to use the money.
After all the public were heard the public hearing
was closed at 8:11 P.M.
There were no additional comments and at this time
no recommendation was made.
Chairwoman McDonald announced this was the time
and place for a Public Hearing on the petition
of Joe Braun, for preliminary^ approval of a
subdivision at 3024 Casco Point Road. The Zoning
Administrator presented the Notice of Public
Hearing and the Affidavit of Publication.
The Zoning Administrator explained that the orir lal
parcel exceeds one acre. The proposed lot split
would result in two parcels both of which would
exceed the required one-half acre minimum area.
The original subdivision was brought before the
City in March of 1975, the final plat drawings
were approved by the Council in June of 1976
subject to payment of a $2,000 park dedication
fee, which has never been paid, and the plats
have never been signed. He added that the lake
frontage is only about 50 feet, which does not
meet the 100 ft, minimum lot width requirement.
He presented the Commission copies of the letters
he had received from David Y. Morris, 2990 Casco
Point Road, dated 1/6/78, and Howard R, Alton, Jr,,
3025 Casco Point Road, dated 1/14/78, indicating
their disapproval of this subdivision.
After all the public were heard the Public Hearing
was closed at 8:15 P.M.
HENN. CO. COMMUNITY
DEVELOPMENT BLOCK GRANT
PROGRAM
(con* t)
PUBLIC HEARING-7:30 P.M
JOE BRAUN
3024 CASCO POINT ROAD
SUBDIVISION (PRELIMINAR’
#002
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 4
David Singer, Mr, Braun's attorney, and Steve
Plovnnan, buyer of the property, and his attorney.
Bob Schnell, were present.
JOE BRAUN
#002
(con*t)
The Commission was concerned that the proposed
lots would be less than 50 ft. wide at the lagoon.
The Zoning Administrator coninented that the
minimum lot width requirement is 100 ft at the
road and at the lakeshore. Mayor Van Nest
commented that this requirement is a new policy
that has been adopted and will be part of the new
ordinance.
Commissioner Hassel stated a variance will be
needed since the lots do not meet the minimum
lot width requirement at the lakeshore. He also
commented that the Commission should be very
careful about approving this t3rpe of division
so that it will not Just be causing more problems.
Chairwoman McDonald stated she would have a hard
time not approving this subdivision when it conformed
to the old requirements before the policy was anged.
She referred to the letter dated March 18, 1975,
by Howard Alton, Jr, 3025 Casco Point Road, stating
he had never seen Mr. Braun's property holding
any water. She also asked if the drainage plans
had been submitted.
Mr, Plowman replied he had talked with Gordy Co.fin
and Hank Muhlch on this, adding that he thought
the Watershed District should be asked about this
also.
Commissioner Wilson stated the protection of ::he
lake is one of the most important things to keep
in mind. He felt the 100 ft. minimum lot width
requirement should apply in this case.
The Zoning Administrator stated they would have to
submit drainage plans which would have to be
approved by the City and the Watershed District.
He also stated there is a house on the lot as it
exists now and with the subdivision there would be
one more. He expressed concern about the drainage
pl^ris being the same as they were over one year
ago, adding that as the hardcover is Increased
there is more runoff.
Commissioner Frahm felt the 100 ft. minimum lot
requirement should apply in this case based on the
fact the information is so old.
.A
MINUTES OF A PIJ^NNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 5
Chairwoman McDonald reviewed the Jxme 28, 1976
Council minutes which approved the final mylars
subject to payment of the park dedication fee.
The Zoning Administrator stated the park dedication
fee was not paid before the six months deadline
expired and the n^lars were not signed or certified.
JOE BRAUN
#002
(con* t)
Mr. Singer referred the Commission to the March
1975 Council minutes and asked what else was a
condition for the approval of the subdivision.
The Zoning Administrator replied the payment of
the park dedication fee and a drainage plan
approved by the City Engineer. Mr. Singer stated
he was not aware of the requirement for drainage
plans until now.
Mr. Plowman stated he was not aware of the six
month period within which he had to pay the park
dedication fee, adding that when he went to pay
the park dedication fee in August of 1976 he found
out it was too late to pay it.
Commissioner Frahm referred to the letters written
by the two neighbors and expressed his concern
about their objections to the subdivision.
Commissioner Hurr felt that since Mr. Plowman had
put out a great deal of money in buying this
property and a great deal of time planning to
divide the property, that a hardship was demonstrated.
She also commented that this subdivision did qualify
under the old requirements. Mayor Van Nest
explained that a hardship is a natural problem
with the land or topography of the property which
causes a hardship, not necessarily a financial
problem.
Commissioner Hassel stated the approval of this
subdivision is a matter of principle and inter
pretation of the ordinance versus the policy.
He continued that to divide this property causes
riparian lot rights, which is a policy problem.
There being no further discussion. Commissioner
Hassel moved. Commissioner Wilson seconded, a
motion to reconraend denial of the request by
Joe Braun for preliminary approval of the proposed
subdivision because the lots do not meet the 100 ft.
minimum lakeshore lot width requirement. The
Commission also recommended that the Council
should keep in mind that this subdivision has
been in process for a very long time.
Jr*, r
MINUTES OF A . LANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 6
Motion - Ayes (4): Wilson, Hammerel, Hassel and
Frahm; Nays (2): Hurr and McDonald, The motion
passed.
Chairwoman McDonald announced this was the time
and place for a Public Hearing on the petition
of William Bartlg for preliminary approval of a
subdivision at 605 Stubbs Bay Road North. The
Zoning Administrator presented the Notice of Public
Hearing and the Affidavit of Publication.
The Zoning Administrator explained that the original
site is 20.1 acres and the proposed subdivision
will be for one lot of 7.3 acres and one lot of
12.8 acres. Both lots would meet the five acre
minimum lot area requirement.
Fred Halasek, 3825 - 6th Avenue North, property
owner to the west, expressed concern about the
access from County Road #6 being so close to his
house.
The Zoning Administrator referred to the January 16,
1978 letter from the City Engineer which suggested
providing a 27 ft easement for access for the
westerly property which, along with the existing
33 ft. dedication along the west property line,
would provide a 60 ft. wide access. The letter
also discouraged any additional traffic flow onto
County Road ^6, The Zoning Administrator added
that the City Engineer indicated the 27 ft. could
be vacated if this area is never used. He also
stated the County called him and indicated they
were very concerned about any additional traffic
flow onto County Road #6.
Duke Schneider, representing Mr. Bartlg, was
present and informed the Commission that the
westerly parcel will be connected with the 33
acre parcel to the south. In reply to a question
by Mayor Van Nest, Mr. Schneider stated the south
property has access onto Stubbs Bay Road, adding
that there is no intent of building on this site.
The Zoning Administrator commented that the combina
tion of the westerly parcel with the south property
has not been mentioned before.
The Commission addressed the drainage easement.
The Zoning Administrator replied that the City
Engineer did not seem very concerned about this
because of the size of the parcels.
JOE BRAUN
#002
(ccn't)
PUBLIC HEARING-7:45 P.M
WILLIAM BARTIG
605 STUBBS BAY RD. N.
SUBDIVISION (PRELIM.)
#343
i
MII^ES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 7
The Commission discussed the Issue of requiring a
60 ft. wide access easement along the westerly
property line as required by ordinance or waiving
this requirement.
WILLIAM BAKTIG
#343
(con't)
The Commission addressed the setback of the existing
house. Mr. Schneider stated he did not know how
far the existing house was from the property
line. The Zoning Administrator stated the side
yard setback requirement is 50 ft. and the City Engineer
had scaled the map and felt the house was about
50 ft, from the property line. He also informed
the Ctxnmission there is no wetlands here. He
rfec'!>'rinended that provisions should be made for
any future development and that the 27 ft. should
be required along the east side of the right-of-
way along the west property line. The Commission
was concerned about possiblv landlocking the westerly
parcel and about providing -hat parcel with
good access.
Mr. Schneider asked what would be required for this
property to be combined with the southerly property
so the 27 ft. would not have to be provided. He
Informed the Commission that he and Mr. Bartig had
discussed the fact there was common ownership to
the south.
The Zoning Administrator explained it is the
City's obligation to require access which,
according to the ordinance, would have to be 60 ft.
wide. He added that the City Engineer seemed
concerned about this access and additional traffic
problems on County Road #6 and State Hwy #12.
After all the public were heard, the Public Hearing
was closed at 9:10 P.M.
Commissioner Hassel commented that the desire to
access seems to be to the south, even with the
addition of the southerly parcel.
There being no further discussion. Commissioner
Hassel moved. Commissioner Hurr seconded, a motion
to recommend approval of the request by William
Bartig for preliminary approval of the proposed
subdivision with the understanding that:
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 PAGE 8
A road and utility easement of 27 ft. be provided
along the west property line adjacent to the
existing 33 ft. easement; and
A lot width variance be granted along the
easterly property line along Stubbs Bay Road; and
The westerly parcel be combined with the parcel
to the south; and
The east property provide a 60 ft. wide
for the westerly parcel since at this time there
is no requirement for 27 ft. for access on the
south parcel.
After further discussion Commissioner Hassel with
drew the motion.
liminary approval of the proposed subdivision
to consider combining the westerly parcel with
the southerly parcel and to determine if the
27 ft. should be run through the southerly parcel
as well as the westerly parcel.
Motion - Ayes (6); Nays (0). The motion passed.
The concensus of the Commission was to approve
the subdivision if the 2/ ft. easement runs
through the south parcel and that the wester y
parcel is combined with the south parcel.
The Commission pointed out that if the
was subdivided so the easterly parcel would be
only 5 acres rather than the proposed 7.3 acres,
the westerly parcel then would be 15
could be stibdivided into 3 parcels rather than
only one as proposed.
Chairwoman McDonald announced this was the time
and place for a Public Hearing on the petition
of Dr. Thomas Leach, for preliminary
of a subdivision at 2535 Shadywood Road. The
Zoning Administrator presented the Notice of
Public Hearing and the Affidavit of Publication.
WILLIAM BARTIG
#343
(con't)
PUBLIC HEARING-8;00 P.M
DR. THOMAS LEACH
2535 SHADYWOOD ROAD
SUBDIVISION (PRELIM.)
#344
He Informed the Commission that the applicant is
asking for a conditional use permit to const^ct
a duplex. He added that a conservation and flowage
easement would be required. Also, he stated
County had called him this afternoon regarding this
subdivision and suggested one comron access be
used for the two business and professional
buildings and for the duplex.
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 9
In his letter of December 20, 1977, the City
Engineer suggested a 30 ft. wide easement along
the southeast property line for a future storm
sewer system. However, in another letter dated
January 6, 1978, he suggested that a 15 ft. wide
easement probably would be sufficient because there
is a 20 ft. wide sanitary sewer easement centered
on the storm sewer easement.
Dr. Leach stated he was not aware of the access
suggestions by the County.
The Commission addressed Lot 3 being dedicated
to the City and the request for a conditional use
permit for the duplex.
After all the public were heard the Public Hearing
was closed at 9:27 P.M.
The Zoning Administrator informed Dr, Leach that
the City would require a conservation and flowage
easement for the conditional use permit if Lot 3
was not dedicated to the City.
The Commission addressed the access for Lot 2.
Dr. Leach stated that the natural topography
favors the access where it is shown on the map
along the northwesterly property line. He added
that it would be a problem to have an access
between Lots 1 and 2 because the slope there is
about 45° and between Lots 1 and 2 there are a
few spruces which block traffic on the road as
it comes up the hill. He also stated the
division line is where it is to meet the minimum lot
area requirements and the access for Lot 3 will
be along the north part of Lot 1 which is perfectly
level. He added that he is prepared to begin
immediately.
DR. THOMAS LEACH
#344
(con* t)
Mayor Van Nest commented that because of the
topography it would be difficult to have a co
driveway.
MUI>
The Zoning Administrator felt the conditional use
permit should be addressed if the duplex meets the
area and lot width requirements. He felt the only
problem was the access onto County Road #19.
There being no further discussion. Commissioner
Wilson moved. Commissioner Frahra seconded, a motion
to recommend approval of the request by Dr. Thomas
Leach for preliminary approval of a subdivision
subject to the following conditions:
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 10
(1) The applicant work with the County regarding
the issue of access; and
(2) The applicant provide a flowage and wetland
easement; and
(3) A 15 ft. easement be provided along the
southeast property line of Lots 2 and 3
for drainage and utilities, to be approved
by the City Engineer; and
(4) The applicant provide an easement for access
for Lot 3.
DR. THOMAS LEACH
#344
(con't)
The Commission did not favor Lot 3 being donated
to the City and approved the conditional use permit
for a duplex including a park dedication fee of
$2,000 -> $1,000 for each unit.
Motion - Ayes (5); Nays (0); Abstain (1): Hassel.
The motion passed.
Mr. Sandy Ritter, from Crosstown Properties,
was present. Commissioner Hassel stepped down
from the Commission during the discussion of this
item because he had a conflict of Interest.
The Zoning Administrator explained that the final
plat applies only to the portion of the property
which is in Orono and that the wetland easements
are provided for in the outlets. He also explained
that nothing has changed from the past plat.
Commissioner Wilson asked what the City of Minne
tonka Beach had done about access to the lake.
Mr. Ritter replied that this is still being con
sidered by the LMCD. Also, he stated that the
City Engineer recommended all the water come from
Orono because there are two different systems
between Minnetonka Beach and Orono which cannot
be interconnected. He added that the roads will
be private.
The Zoning Administrator addressed the Articles of
Incorporation of Lafayette Ridge Homeowners Associa
tion, Declaration of Covenants, Conditions and
Restrictions, and Bylaws of Lafayette Ridge Home-
owners Association, which had been included in
the Commissioners' packets.
Mr. Ritter submitted flowage and conservation
easements and utility and road easement locations.
There being no further discussion. Commissioner
Frahm moved. Commissioner Hammerel seconded a
motion, to recommend approval of the final plat of
Lafayette Ridge contingent on the following:
CROSSTOWN PROPERTIES
(LAFAYETTE RIDGE PLAT)
3201 NAVARRE LANE
FINAL PLAT APPROVAL
#266
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 11
(1) Water utility be provided by the City of
Orono with approval by the City of Minnetonka
Beach; and
(2) Sewer be provided by Orono for the five lots
in Orono and by Minnetonka Beach for the
lots in Minnetonka Beach; and
(3) Outlot G be designated as private access and
cul-de-sac; and
(4) Flowage and conservation easements go over
Outlot C and be approved by the City Engineer; and
(5) Drainage and utility easements be approved
by the City Attorney; and
(6) The 33 ft. road easement remain along County
Road ^15 and Navarre Lane; and
(7) The park dedication fee be paid - $1,250
($250 per lot); and
(8) ^e plat be approved and certified by the
City of Minnetonka Beach; and
(9) Assessments for water to Minnetonka properties
be reviewed by the City Engineer and approved
by Council; and
(10) Outlot B be designated commons area.
CROSSTOWN PROPERTIES
#266
(con't)
Motion - Ayes (6); Nays (0). The motion passed.
Mary Weinzierl, representing Mr. Eckstrom, was
present. The Zoning Administrator explained
that this was final approval for the plat. He
pointed out that there was a mistake in the legal
description of the driveway easement. He also
stated there are no changes on the final plat
and that the title opinion had been addressed to
the City.
Commissioner Wilson commented that the title opinion
was dated back in 1970 and that the Information
would have to be brought up to date.
The Zoning Administrator also commented that the
park dedication fee has not been paid.
There being no further discussion. Commissioner
Hassel moved. Commissioner Hammerel seconded, a
motion to recommend approval of the final plat for
the Eckstrom Subdivision subject to the following:
(1) The park dedication fee must be paid; and
(2) The City be provided a current title opinion; and
(3) A driveway easement be provided with the
correct description.
DON ECKSTROM
2140 SIXTH AVE. NO.
SUBDIVISION
FINAL PLAT APPROVAL
#299
Motion - Ayes (6); Nays (0). The motion passed.
I
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 12
Fred Herfurth, representing Douglas Dayton, was
present. The Zoning Administrator explained that
part of this will be part of the Tanglewood
Subdivision which presently is before the Council.
He pointed out that it is Lot 2 which is part of
Tanglewood.
FRED HERFURTH
(DOUG DAYTON)
1480 SIXTH AVENUE NORTI
SUBDIVISION
FINAL PLAT APPROVAL
#307
The Commission discussed the final plat providing
easements to continue into Tanglewood. The Com
mission also addressed the title opinion and the
County approval for access onto County Road #6.
There being no further discussion. Commissioner
Hassel moved. Commissioner Hurr seconded, a motion
to recommend approval for the final plat for
the Douglas Dayton subdivision subject to the
following:
(1) The County approve access onto County Road #6; and
(2) The park dedication fee be paid; and
(3) A title opinion be addressed to the City; and
(4) The following variances be granted:
a.
b.
A 32.8 ft. side yard variance for the house
which is 17.2 ft. from the west property
line of Lot 1; and
A 40 ft. variance from the east line of
Lot 1 so the bam will conform to the
150 ft. requirement.
Motion - Ayes (6); Nays (0). The motion passed.
Mr. Relling reviewed the proposal. The Zoning
Administrator informed the Commission that the
City has been provided with the title opinion
and driveway easement.
BERNARD REILING
4480 FOREST LAKE LANDII^
SUBDIVISION
FINAL PLAT APPROVAL
#324
There being no further discussion. Commissioner
Hassel moved. Commissioner Frahm seconded, a
motion to recommend approval of the final plat
for the Bernhard Reiling subdivision contingent
on the following:
(1) The title opinion be addressed to the City; and
(2) Driveway easements be provided.
Motion - Ayes (6); Nays (0). The motion passed.
Dr, J, M, Wood, director of the Freshwater
Biological Institute, Ron Novak, contractor for
the project from Mini Dredge, Inc., and Dave
Diederich, 2420 Old Beach Road, were present.
WEST SHORE LAFAYETTE
BAY ASSOCIATION
2440 OLD BEACH ROAD
DREDGING & DISPOSAL
OF SPOILS
#319
Hw0^
d
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 13
The Zoning Administrator explained he had received
a letter from Jim Anderson, from the Hennepin
Soils & Conservation District, in reference to
the proposed spoil disposal area. The letter
stated this area does not seem to indicate the
presence of a wetland.
Mr. Diederich passed out two letters, one from
Dr. Wood dated 1-16-78 and one from Mr. Novak
dated 12-28-77.
Dr. Wood reviewed his letter explaining procedures
of supervision of the project. He indicated the
water from the dredge could be retained by tempor
arily sealing off the culvert under Old Beach
Road. He also felt the level of the wetlands
would only be elevated a few inches. He stated
the> check daily the nitrogen and phosphorus
levels in the wetlands, adding that the dredging
plan is ideal because the wetlands can be used ais
a holding pond so there will be no contamination
of Uke Minnetonka. He also stated that during
this dredging activity they would examine the
run-off from the Super Value parking lot and study
lead and oil contamination of the wetlands.
Also, they could study what affect the cars driving
around the lake have on the quality of the lake.
Mr. Novak explained how they planned to dispose
of the material dredged from the channel. He
stated they have to contain the dredged slurry for
a certain period of time to Allow the dredged
material to settle out of the water. Also, they
have designed the spoil area to exceed the 7 day
retention time so as to meet the water quality
standards established by the Minnesota Pollution
Control Agency.
He continued that an average of .75 ft. of slurry
would be deposited in the spoil area daily and
would be filled to 707. of total capacity after
7 days of pumping time. After the 7 days of
dredging they would begin decanting the water
back into the lake. This process would continue
daily until the project is completed.
Mr. Diederich stated there are two processes:
1) in the holding area water will be held; and
2) the water will decant into the marsh where
the nutrients will dissolve.
WEST SHORE LAFAYETTE
BAY ASSOCIATION
2440 OLD BEACH ROAD
DREDGING & DISPOSAL
OF SPOILS
#319
Commissioner Frahm felt the rate of flowage was high.
/»'1!
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 14
Dr, Wood cited situations in Wisconsin where four
holding ponds began with solids and ended up with
clear water.
Chairwoman McDonald asked if rain would slow this
process down and if there would be more weed growth
where it goes into the lake. Dr. Wood stated the
lake would be clearer. However, as the sun
penetrates to the bottom of the lake there would
be more growth. He also stated that the rain
would at times affect the process, Mr. Novak
stated the rain will not affect the solids, but
will affect the nutrients.
Commissioner Frahm questioned that there would be
sediment all over the pond area since it is being
pumped. He felt that when it fills for seven
days they should then stop for seven days.
Mr. Novak replied they are following the guidelines
set by the Minnesota Pollution Control Agency.
Chairwoman McDonald inquired about the testing and
how often it would be done. Mr. Novak informed
the Commission that the FWBI will be testing the
water quality of the return water continuously
and if necessary the dredging would cease if
they were not meeting the water quality standards.
He also stated when the project is completed the
spoil area will be drained of all water, the
dredged material would be leveled off and the
area could be seeded so it will appear as it
does now.
Mr. Novak passed out a map indicating the elevation
of the spoils and the suspended solids after the
seven day period. Dr, Wood stated it would be
adequate to test about 100 times a day. He also
commented that they have just received a $300,000
grant for this project and that they will do
this project in some other area if they cannot
proceed in Orono.
Commissioner Hammerel stated he thought this area
was unique with the FBWI property on the edge
of this area, adding that they are trying to restore
the lake to a nice residential area.
WEST SHORE LAFAYETTE
BAY ASSOCIATION
#319
(con't)
Mayor Van Nest stated he is opposed to opening up
a new access, but he also felt the natural naviga-
tible access should be maintained. He added that
all the dredging for a channel is standard policy
and that there is not an ordinance to disallow
dredging. He stated that in the past a riparian
owner had the right to upgrade and improve the shoreline.
jiui
A
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 15
Chairwoman McDonald felt this would be setting a
precedent.
A lengthy discussion of the dredging project
followed, Including the matter of dredging rights.
Mr. Novak showed the Commissioners where the area
to be dredged would be. He stated that by the time
the wafer reaches the lake it will meet the
State requirements. He also stated they will use
the Mud-Cat vacuum method of dredging.
Dr. Wood stated they would like to do this before
the weeds start, possibly in May.
There being no further discussion. Commissioner
Hassel moved. Commissioner Frahm seconded, a motion
to table the request for dredging so the applicant
could package up into a more easily understood
form the dredging information indicating the pro
tections and precautions to be taken and to have
this prepared previous to the next Planning
Commission meeting so the Commissioners could
review this information.
Motion - Ayes (6); Nays (0). The motion passed.
The Planning Commission indicated their conceptxial
approval of the project so the association could
decide if they wanted to submit the necessary
applications to other agencies.
The Zoning Administrator explained the request by
George Dixon for a conditional use permit to
construct a guest house. He explained that a
building permit already has been issued for the
main building and the garage. The area exceeds
the minimum 10 acre area requirement and the
75 ft. minimum setback requirement from the
lakeshore. He added that the property is large
enough for two structures and would not be
detrimental to the public. However, the two
structures would be too close together for any
future subdivision.
Mr. McNulty, contractor, stated the guest house
will not be used an an income structure.
Commissioner Frahm questioned the location of the
septic system being so far from the house. The
Zoning Administrator stated the location of the
septic system would be up to the City Engineer.
WEST SHORE LAFAYETTE
BAY ASSOCIATION
i^319
(con't)
GEORGE DIXON
3250 FOX STREET
COVDITIONAL USE PERMIT
GUEST HOUSE
#347
MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 16
There being no further discussion. Commissioner
Hassel moved, Coiranlssioner Hammerel seconded, a
motion to recommend approval of the conditional
use permit to allow construction of a guest house
on the property at 3250 Fox Street, subject to
the following:
GEORGE DIXON
//347
(con't)
(1) The applicant provide a certified septic system
design; and
(2) The guest house will not be used as Income
property and will be used for guest house
purposes only; and
(3) The size of the structure is not to exceed
the dimensions indicated on the plan.
Motion - Ayes (6); Nays (0). The motion passed.
The Commission reminded Mr. McNulty that he cannot
remove any trees or do any grading or filling
within 75 ft, of the lakeshore.
At 12:34 A.M. Commissioner Wilson moved. Commissioner
Hammerel seconded a motion to adjourn the meeting.
Motion - Ayes (6); Nays (0). The motion passed.
•v .
!