HomeMy WebLinkAbout08-28-1978 Planning PacketatfcSSHEi'.aSaMWrw... .
AGENDA
PLANNING COHMISSION MEETING OF AUGUST 28, 1978
Wta COUNCIL CHAMBERS - 7:30 P.M.
CALL TO ORDER
1. Call to Order & Roll Call
PUBLIC INFORMATION ITEMS
2. 7:30 P.M. #405 Subdivision - Frank Routson, 280 Leaf Street
3. 7:40 P.M. #410 Subdivision - Popov/Poisson, 4080/4010 Bayslde Rd.
ACTION ITEMS
4. #344 - Thomas Leach, 2535 Shadywood Road
FINAL PLAT
5. #363 - American Rebuilders, 2400 Sixth Avenue North
FINAL PLAT
6. #385 - Paul Englund, 980 North Shore Drive West
FINAL PLAT
7. #394 - Edward Mahoney, 2760 Pheasant Road
SUBDIVISION
8. #415 - Lowell Zitzloff, 3502 Shoreline Drive
CONDITIONAL USE PERMIT
9. #417 - Alexander Holtzer, 2677 Casco Point Road
VARIANCE
10. Announce - Change in City Council Meeting Date
Septend>er 12, 1978 to September 13, 1978
11. Determine first meeting date in October.
WORK SESSION ITEMS
12. #412 - Mrs. Roy Hollander, 255 Sixth Avenue North
PRELIMINARY PLAT (Public Information Meeting 9-11-78)
13. #418 - Robert Homick, 1960 Shoreline Drive
CONDITIONAL USE PERMIT
IMPORMATION ITEMS
14. #416 - Dredging (Application withdrawn)
15. Copy of Becker findings.
APPROVAL OF MINUTES
16. feting of August 14, 1978
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FROM:
DATE:
Planning Commission and Council
Alan P. Olson, Village Planner
July 5, 1978 #405
SUBJECT: Std>division
Frank J. Routson, 280 Leaf Street
SKETCH PLAN REVIEW
This subdivision application is for three (3) residential lots in
the RR-lB district. Each proposed lot meets the lot width and
lot area requirements. There are no designated wetlands on the
property. Septic reports will be required.
PLANNING SSION MEETING - JULY 10, 1978
Sketch Plan Review - Applicant not present. Planning Coimission requested
revised survey to show all existing structures.
STAFF NOTE - JULY 13, 1978
Mrs. Routson contacted and advised to submit septic site evaluation
report and revised survey prior to scheduling public meeting. Survey
to show house setback, existing swimning pool, and existing garage
(or proposed road) plus relocation site of existing garage.
STAFF NOTE - AUGUST 14, 1978
Information received and Public Information Meeting scheduled for
August 28, 1978.
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TO;File i*#405
FROM: Michael P. Gaffron, Septic System Inspector
DATE: August 8, 1978
SUBJECT: Soil Testing for On-Slte Sewage Treatment
Routson's Addition
Results of soil testing for Lots 2 and 3 of Routson's Addition
show that both lots have suitable areas of soil for primary
and alternate standard trench dralnfields. Percolation rates
average around 30 minutes per Inch and water table was below
6.5 feet at all proposed sites.
The existing septic system for the Routson house at 280 Leaf Street
appears to be functioning adeqiiately, but Is classified as
substandard due to lack of documentation of system size or location
and because Inspection pipes for tanks are not present.
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SITE EVALUATION REPORT
FOR ROUTSON'S ADDITION
August 3, 1978
#405
•••• « •«
The t'ollowinn soil borings and percolation tests on the Frank
Routson property were done on July 29-30 and August 1-2, 1978.
Percolation holes were duq to a depth of 42 inches and 6 inches in
diameter. Soil borings were dug to a deoth of 8 feet. All holes were
dug with a Dayton model 22014C auger.
Six ^nrrolation tests and three soil borings were made on each of
the two lots according to the original lot lines. / Lot 2 did not yield
enough suitable soil for any on-«lte sewage system so the lot lines were
rearranged to give lot 2 a better location for additional t?sts.The
drainfield for lot 3, which yielded results acceptable for a standard
system., remained in the same location after the lot line rearrangement.
The addidonal testing on the new lot 2 resulted in a drainfield area of
sufficient size and soil conditions to meet the requirrments for a stan
dard on-site sewage system. Installations of such systems should adhere
to the provisions of the Orono on-site sewage treatment manual.
Submitted by
/Mark S. Gronberg, P.E. ^
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SUBJECT:
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#410 ^^•''^^“oM/AOlO B«y«® *°‘‘®
vopo»/roi»*<®*
#410
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“ ^/STproposed Pop^
sketch FIAS
»«o»» no. 2- vldth
serve the pv°i~ acres/lot. o U>m~“
, I®-1A ei>pto*2®*tely acres dry
Zonlhg. «- 1 ealstlng booee ; W^aal«ately 7 ^
Her besdlf. fo^ I (-) ^ ,2 (new;Popov U5t 2 app ^ dry
- approxi^^®'^^
lot extBttttEPole*®® a the ceeenient
ritf'dufS'^the urge a.r«»t.
bulldUg _ 2ft, 1978 _____bulldW -„y 24. 1970
»• ~?s =»'~:r"£ .8?s3!!^aS3>'srK%,
the pt°P°»!h-a^ld •«n*,!«hlUb<»e»‘= °*-"jjtns. «•••• - ““ ^ -3g'S.5S« ",
... .ivAt formal before CW ^ „pert:
Is not
the -- - . ^bat
propertlee usUg »«<=«•• “” -i.ttlng vlU be *^*^^er can
“'.i.^lnal topographlca^,,2 Staff to r«»r:-4Sis.» 5riSc?.“-
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Popov/Polsson Subdivision
4010/4080 Baysids Road
Page 2 #410
STAFF NOTE - AUGUST 9. 1978
Received additional information and scheduled a Public ffeeting for
August 28, 1978.
The Filbrandt property to the east (which uses this driveway easement)
is a large parcel but is also mostly designated wetlands. Scaling
the aerial plat shows at most 7 acres of "dry” land or one building
site in the RR-IA zone. Thus, with this zoning, the driveway would
at most have three units using it. If. the* zoning were ever to be
changed to 2-acre RR-IB, there may be up to six units total using
this easement ( 2 Popov, 1 Poisson, 3 Filbrandt ).
With three unite using one driveway, standard practice is to require
platting as a a outlot. This will isolate a small comer of the Poisson
lot (as it is now practically isolated by the road and drainage pattern).
Staff reconmends rearranging the property lines in this area also
similar to the attached sketch. This must be resolved before preliminary
approval.
Prior to preliminary approval. Staff and Planning Commission should
ensure the following items are addressed:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Final lot line arrangement.
Driveway outlot (includes Filbrdndt property).
Engineer's approval of driveway section, construction
(existing and proposed) and drainage.
Driveway easement to City and to all owners.
Drainage easements to City.
Flowage and conservation easements over wetlands.
Park dedication fee determination.
Henn^in Cotmty approval of driveway and drainage.
MCWD drainage approval.
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Plat of SwToy
for Fr»d A. PoloaoB, Jr.
Nortfcoaat 1/4 of Section 6-U7-2>
Cortificata of Sorroyj
I hariby certify that thlo la a troa and
correct repreeentatlon of a aurrep of the
bousdarloo of tbo Eaot 150 foot of that port
of the iortheaat quarter of Section 6, “oun-
ahlp U7 north. Range 23 Went of the 5th
Principal Meridian, lying north of County
Road Do. S4, ARD that part of eaid Hortheaat
quarter lying Weet of eaid Beet 150 feet end
Eaeterly of the following-deecrlbed lines
Cooeaneing at tbm Northeeet comer of eaid
Kortheaat quarter; thence South along eaid
Rant Uae a distance of 1561.44 feet to the
point of begtmiing of the line being des
cribed; thenee deflecting right 114® a dis
tance of 89 feet; thenee deflecting right
29®30* a distance of 190 feet; thenee defleeting right 22®30*
a dietanee of 95 feet; thenee defleeting rlgbt’62® to the
Ueet line of said East 150 feet, and there ending.
Subject to and together with an ■aesnewt for drireney pur-
peeee oeer that part of said northeast quarter lying within
8 feet on each side of the following-^scribed centerline:
Begianiag at the Intareectlon of the last line of said north
east qvnrter with the centerline of County Road Mo. 84;
thenee Horth along eaid Bast Una to a point on said last
line distant 1561.44 feet South fron the northeast oorner of
said northeast qsarter; thenee deflecting left 66® a dietanee
of 89 feet; thence deflecting right 29®30* a distance ef 220
feet, and aaid oenterllae there ending.
And the location of all existing bnildings thereon. It
does net purport to ehow other iaprorenonte or enoroechnmte.
Scales 1" B 200*
Onto s 8-3-78
o s Iron nerher
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in RoK 606Qerdea R. Coffin Rof^ Me. 6064
Alria R. Bohder Reg. Me.13295
Land Sunreyers and Bngineara
Long Labo, Minnaaota
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TO:
FROM:
planning Commission and Council
Henry F. ^fclhich, Zoning Administrator
#344
DATE; December 14, 1977
SUBJECT; Tom Leach - 2535 Shadywood
Subdivision and Conditional Use Permit for Duplex
Enclosed are copies of a proposal submitted today by Thomas Leach.
The proposal consists of an application to subdivide Lot 5, Block 4,
Townslte of Langdon Park into 3 lots and a separate application for a
Conditional Use Permit for duplex credit on a residential lot adjacent
to commercially zoned property.
The original Lot 5 is currently zoned for both Business and Professional
(B-4) and Single Family Residential (LR-IB).
The applicant is proposing to divide the resldentially-zoned portion of
the property from the B<'4 zoned area and to divide the remaining B**4
area into 2 individtial lots for Business and Professional use.
All lots would comply with the code. - Exhibit A - Preliminary Plat
Lot 1
Lot 2
Lot 3
B-4 - 31,231 sq. ft.
B-4 - 31,205 sq. ft.
LR-lB - 35,090 sq. ft. dry buildable
The plat also indicates wetlands, contours, drainage easements, and
existing structures which will be removed.
We might consider a wider drainage easement along the south property line
for future storm drain construction.
In conjunction with the division, Mr. Leach also has provided a site
plan for the construction of a medical office building on Lot 1 (Exhibit B).
The site plan shows building size and location and parking. Zoning
Ordinance Section #38.311 regulates parking requirement • 1 space per
200 sq. ft. of floor area.
Lot 2 would be made available for some B>4 use to be determined sometime
in the future.
E^diibit C - letter from Mr. Leach proposing to donate the residential
Lot 3 to the City.
If the City is not interested in obtaining the parcel, Mr. Leach is
requesting approval of a Conditional Use Permit for duplex credit on
Lot 3 if the structure is located within 200' of the comnercially-zoned
district. A private access easement would be provided from County
Road #19 along the north lot line of Lot 1.
1
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Tom Leach - 2535 Shad3rwood
#344
Subdivision and Conditional Use Permit for Duplex
Page 2
A flowage and conservation easement should be required over the wetlands.
Our park dedication fee schedule applies only to residential subdivision.
We should, therefore, consider whether we should access the property as
one building site or for two units when we apply the duplex credit.
A Pviblic Hearing has been scheduled for 8:00 P.M, on Jantiary 16, 1978.
Copies of the proposed subdivision have been forwarded to the following
with requests for comnents: D.N.R., M.C.W.D., County Public Works
Dept., City Engineer, City Attorney, City Administrator, and the City
Public Works Director.
PLANNING COMMISSION PUBLIC HEARING - January 16, 1978
Dr. Tom Leach was present.
Building & Zoning Administrator, Henry F. Muhich, informed the Commission
that Doug Mattson, of the Hennepin County Public Works Department, had
called the afternoon of January 16, 1978 in response to staff's earlier
request for comments regarding this subdivision proposal. The County
recommendations included:
Seven additional feet of right-of-way easement along County Road
#19
Change location of driveway approach from north property line to
single approach located in vicinity of common lot line between
lots 1 and 2 - thereby reducing traffic hazards that may result
from several driveway approaches. Suggested all three parcels
use one single conoton approach.
Dr. Leach explained the' problems with relocation of approach because of
the topography of the land in the area of the common lot line. Steep
slope makes this location objectionable.
Comnission reviewed Greg Frank's reports. Second report dated January 6,
1978 suggested reducing requirement for utility easement (storm sewer)
from 30 feet to only 15 feet because of existing 20' sanitary sewer
easement located south and parallel to south property line of entire
original parcel.
Planning Commission reci
following conditions:
sin M ended approval of preliminary plat subject to
Issue of location of approach to be resolved between applicant
and County Public Works Department; and
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Tom Leach - 2535 Shadywood
Subdivision and Conditional Use Permit for Duplex
Page 3
4t^. A Ait '
2)
3)
Access easement be provided for residential lot 3} and
Drainage and utility easements be provided as approved »>y City
Engineer (15* along south boundary line); and
Wetlands and flowage easement over area designated as wetlands
(description and agreement to be approved by City Engineer and
City Attorney),
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Connission also recomnended refusing offer to donate lot 3 to the City
and approve conditional use permit to construct duplex on lot 3 su Ject
to structure meeting all setback requirements.
In conjunction with the approval of the conditional use permit, the
Comnission added the condition of a park dedication fee for the residential
lot as a condition of approval of the preliminary plat ($2,000 park ^
dedication fee - $1,000 per dwelling unit).
STAFF - January 18, 1978
Don Murphy of Hennepin County Public Works, called me. He Informed me
that Dr, Leach had met and convinced him that a connon access located
at the coinnon lot lines of lots 1 and 2 might be objectionable because
of the steep slope at this location. Mr. Murphy a Iso informed me that
the County would recommend a 26' road easement rather than the 24 ease-cne uounty wouxu ,.cv,wu«uw« » -- - - - - - - - - -^ -i ^ o
ment as indicated on the plan. He also suggested that access to lot Z
at the time of development should be located at the south boundary
of lot 2 to reduce traffic congestion. A report with these recomnendatlons
will be coming shortly.
CITY COUNCIL - January 23, 1978
Reviewed proposals and approved preliminary plat according to
Planning Commission reconmendations. Will require standard title opinlw
review and conservation easement over wetlands. Council also concept^lly
approved conditional use permit for duplex pending final plat approval.
MEMO UPDATE - AUGUST 23, 1978
All requirements of preliminary plat approval have been completed.
The proposal Included consideration of a duplex unit on Lot 3.
Because final planning has not been completed for the duplex, final
approval of the conditional use permit will have to be delayed. The
park fee has been paid on the basis of future duplex approval.
The plat Includes a 30 ft. driveway and utility easement over Lot 1 to
serve Lot 3 and a 30 ft. utility easement along the entire southeast
side for future Installation of storm sewer.
I reconmcnd approval of the final plat according to the attached resolution
and deferral of action on the conditional use permit pending receipt of
a n,oi!q>lete site plan.
RESOLUTION NO.
A RESOLUTION APPROVING THE LEACH ADDITION
WHEREAS, the City of Orono Is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
8td>division regulations for the orderly, economic and safe development
of land within the City; and
WHEREAS, the City Council has considered the application
for a subdivision plat by Thomas Leach the subdivider; and
WHEREAS, the subdivider has completed all requirements of
the platting reguletions of the City, including:
Dedication of required drainage and utility easements.
Dedication of public streets and roads.
Dedication of open space and flowage conservation easements.
Payment of a park dedication fee of $1,572.00
Creation of a private driveway and utility easement across
Lot 1 to serve Lot 3.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby approves the plat of Leach Addition, Hennepin
County, Minnesota; subject to the following conditions:
The aforesaid plat shall be filed with the Hennepin County
Recorder's Office on or before March 1, 1979, together
with a certified original copy of this Resolution, and
executed copies of the drainage and utility easement document,
flowage and conservation easement document, and private
driveway and utility easement document.
The approval granted by this Resolution shall expire if the plat has
not been filed by the date specified above. In that event, it will
be necessary to file a new application with the City of Orono for
8td>division review.
Dated this day of 1978.
William B. Van Nest, Mayor
ATTEST:
Walter R. Benson, Clerk/Administrator
Planning Coimisslcm and Council
Alan P. Olson, Village Planner #363
DATE August 23, 1978
SUBJECT: #363 Subdivision
American Builders, 2400 Sixth Avenue
All requirements of the preliminary plat approval have ^
ri:; r^TepSTcirty r:^«s:s‘^
comnon access for Lots 2 6 3.
I reconmend final plat approval according to the attached
resolution.
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RESOLUTION NO.
■»
A RESOLUTION APPROVING THE PLAT OF WILLOW RUN
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umniRAS the ClCv of Orooo is fl nsinlcipfll cotporation
org«,l«d IXittl »Sr%he l.». of the State of Hlnnesote; and
P*
WHEREAS the City Council of the City of Orono has
.ubdivisioT^^itiS^B^fS the orderly, economic and safe development
of land within the City; and
, i WHEREAS the City Council has considered the application
for a anbdHf^^’put by^rlcan Rebullder. the auhdlvlder, and
WHEREAS, the subdivider has completed all requirements of
the platting regulations of the City, including:
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Dedication of required drainage and utility easements,
nedlcation of piibllc streets and roads.
Dedication of open apace and *«*“*”“•
Payment of a park dedication fee of $1,000.00.
NOW THEREFORE BE IT RESOLVED, that the City Council of rte
city of 0rS’hSf2mo!l.. the plat of Will-, Run. Hennepin County.
^liSiesota; subject to the following conditions.
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me aforeaald plat .hall he filed with Henn^to ^ty
vaManvder's office on or before March 1, 1979, togecner
with a certified original copy of this
Executed copies of the flowage and conservation easement.
\
The approval granted by this Resolution shall expire ^ Ae
.««■ Kami Filed bv the date specified above. In t«at event, i
S:*n««.“1o Jiu a new ajpllc.tlon with the City of Orono for
subdivision review.
Dated this day of , 1978.
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c. i u., William B. Van Nest, Mayor
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Walter R, Benson, Clerk/Adailnistrator
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CITY of ORONO control HO. _«3
iMt.rry^i Bay. Minnwou 65823»>liikipri OfficM Ttkphww 47»»7»T. ----- VarianceConditional Use Permit
American Builders (Fred Herfurth)
2400 Sixth Avenue North
XX Subdivision* Prelim.
_ Subdivision* Pinal
Mntice 5“22~ioj
NOTICE OP CITP COONCIL ACTION
Date of Meeting: May 11. 1978
Votes: _ _ _For _ _ _ _gainst Abstention
Action:_ _Approval:
XX Approval:
Deferral:
Referral:
Denial:
As submitted subject to applicable ordinance requirements
Subject to conditions noted \
Pending receipt of information noted ]
Review by others* as noted ^
For reasons noted
NOTES & SPECIAL CONDITIONS: Per Planning Conmlssion recommendstipne^
1. Satisfactory septic system site evaluation tests for each lot approved
»rior to final plat.
2.Access points to Lot 1 from Willow Drive only; common access to Lots 2 &2»
all locations as per County highway requirements
Conservation and flowage easements over all wetlands.
4^ 50 ft. total ROW along County Road 6 (10 ft. more than existing)^
5. Park Dedication Fee, - - - - -- - - -- - - --—-- -^ ^
Deadlines: Variance approval expires one year after the meeting date
Contact building inspector for required permits
Conditional Use i^)proval _ Must be renewed annually
_ E:qpires on
Must be renewed upon change in
o%mership or use
XX Prelim. Subdiv. approval expires after one year of mtg. date
contact Zoning Admin, for final plat requirements
_Final Subdivision approval expires 6 mos. after meeting date
contact Zoning Admin, for filing requirements and document approve
, Deferred items may be declared formally withdrawn if applicant
failed to provide information within o»»e month of mtg. date
or by date specified by Council
If you desire certified copies of the official City Council Minutes*
are available from the Deputy City ClerX upon review and approval by the Council
;
LI
^GU]^ MEETING OF THE ORONO COUNCIL, MAY 11, 1978
«
Council Meeting - Hay 11, 1978
Page 5
Councilmember Massengale to Mr. Whitney: Do you
understand what is requested of you?
SUBDIVISION - PRD
780 Old Crystal Bay R.
(Continued) •
Mr. Whitney: Yes, I believe I do.
Mayor Van Nest moved, Butler seconded, to
conceptually approve the sxibdivision request of
Hr. Joseph Whitney for 780 Old Crystal Bay Road
South, per the Planning Commission recommendations
of April 24, 1978, subject to:
1.
2.
3.
Soil boring review
Conform to Septic System Design Manual
City will not approve proposed plat if these
conditions cannot be met.-
Motion, Ayes (5) - Nays (0).
Mr. Ton Jacobs, Building Inspector, entered into
the record the following request for a subdivision
by Americam Builders (Fred Herfurth) at 2400 Sixth
Avenue North, dated March 17, 1976, which states:
^Subdivision
2400 sixth Avenue N.
#363
Americ2m Builders
Mr. Herfurth is requesting approval of the subject
17-plus acre parcel into four lots.
Our current procedures include sketch plan review
by the Planning Commission; therefore, we will not
be able to schedule a pxiblic hearing on this proposal
until the Planning Commission has a chance to
review the sketch plan and direct staff to schedule
said public hearing*
The entire parcel consists of approximately 17.4
acres. The survey indicates two wetlands areas
of 0.55 acres and 0.60 acres as conservation and
flowage easement areas.
The proposal as submitted consists of dividing
the original parcel into four lots - each exceeding
the minimum lot area and width requirements in
this zoning district (RR-lB - 2-acre area - 200 ft.
lot width).
X am enclosing copies of the following exhibits
subodtted with the proposal:
1.
2.
3.
4.
5.
Exhibit A •
Exhibit B •
Exhibit C <
property
Ejchibit D •
Indicating
Exhibit B >
Subdivision application form
Property description
Copy of plat map location subject
> Topography and survey of property
divisions as proposed
> Property owners list (neighbors)(Continued)
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REGUIAR MEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 6
Exhibit D indicates the wetland conservation and
flowage easements as'determined by the surveyor.
An additional 10 £t. easement along County Road
#6 is also shown on the survey as are the drainage
easements along lot lines and required setback
lines on each individual lot.
SUBDIVISION
2400 Sixth Avenue N.
(Continued)
Copies of the subdivision proposal will not be
forwarded for review by other departments and ^
agencies until Planning Commission completes the
sketch plan review.
Staff - April 4, 1978
Question? What is owner's intention with old house?
Recommend that approval of Lot 1 be subject to
removal of (or at least boarding up of) all existing
out buildings. Aooess.iiraJJ. have to be subject to County
approval.
Planning Commission - April 10, 1978
Planning Commission scheduled a public hearing for
April 24, 1978.
Staff - April 11, 1978 • /
Requests for recommendations and comments sent to:
Ci^ Attorney
City Engineer
City Administrator
City Public Works Department
Chief of Police
Hennepin County Public Works
Minnehaha Creek Watershed District
Minnesota Department of Natural Resources
Hennepin Soils & Water Conservation District
Public Hearing - April 24, 1978
Public hearing opened at 7:51 P.M. The applicemt.
Nr. Herfurtlv was present. Also present was
Nr. Fred Keller, 1255 Willow Drive North, an
address in Medina, which is to the north of this
property, and Mr. Jack Rosengren, representing
Elmer Ties, Willow Drive North. Mr. Keller had
questions concerning this plat and how it might
affect his property and any future replat of this
area. The Planning Commission responded that
they were concerned with this plat and that it
meet the Orono requirements and were concerned
with his property but could not make any recom
mendations or reviews based upon Medina's regulations
(Continued)
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REGULAR MEETING OP THE ORONO COUNCIL, MAY 11, 1978 Page 7
Alan Olson read into the minutes a recommendation
of the County Engineer regarding accese and right-
of-way on this property. Bascially, that the County
would request an additional 10* of right-of-way
along County Road #6 as has been standard procedure
along this highway and that no more than two new
access points to County Roaci 16 be granted. This
last request would require at least one common
access point along the three lots abutting County
oad 16.
Subdivision
2400 Sixth Avenue N.
(Continued)
The piiblic hearing was closed at 7:58 P.M. Thereafter,
the Planning Commission reviewed the proposal. Most
of the questions centered around the recent Highway
Department recommendations. The Planning Commission
was not ready to limit access to two access points
until the staff had reviewed it further. They
requested further staff review prior to final plax.
approval and did not think that this would affect
their review of the preliminary plat. Jim Olson,
City Engineer, noted for the record that Lots 2, 3, (4
were just under four acres arid that due to that, they
are not further subdividable within the 2-acre
zoning requirements. The Planning Coirjnission thereafter
reconnended approval of the preliminary plat as
shown on the drawings dated Februrary 9, 1978, subject
to septic system testing prior to final plat approval,
park dedication fee payment, conservation and flowage
easements over the wetlands, and to the 10* additional
right-of-way dedication along County Road #6 as
shown on the preliminary drawings.
Staff Note - May 8, 1978
Received written recommendations from the Highway
Department Engineer.
Council Meeting - May 11, 1978
Butler iBoved, Massengale seconded, to approve the
preliminary subdivision request of American Builders
for 2400 Sixth Avenue North, per the Planning
Comnission recommendations of April 24, 1978, and
the City Engineer and Hennepin County Highway Depart*
ment recomnendations. Motion, Ayes (5) - Mays (0).
/'
(
I
TO;Planning Comnission and Cotmcll
FROM;Alan P. Olson, City Planner
DATE:May 17, 1978
SUBJECT:Subdivision - Paul Englund
u
The applicant wishes to divide his 8.62 acre (excluding road)
parcel into two pieces, one with house to be 3.68 acres
^eluding road); the other to be 4.98 acres (excluding road).
Both parcels meet all requirements of the RR-IB two-acre zone.
The existing house meets all setback requirements
Planning Commission Meeting - May 22, 1978
^etch plan r^iewed and approved. Staff noted to Planning
rtould be rSoc^^e?"ili^^^^o p^ovidra^^tLs^^^O^eJes
« parcel. Septic testing will be required prior to
final plat approval. Public Information Meeting scheduled
for June 26, 1978, at 8:00 P.M.
PLANNING 0C»tIISSI0N MEETING - JUNE 26, 1978
a county driveway permit is required for access to Lot 1.
STAFF NOTE - AUGUST 23, 1978
calculation: Market value of land - $19,200 X 1.251 fee
$240.00. Actual fee: Minimum $250.00/lot. All platting requlrei
^ according to the
tnts
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\
ifcn itftnn irtin i iii MrA
F
♦ 1
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RESOLUTION NO.
A RESOLUTION APPROVING ENGLUND ADDITION
WHEREAS, the City of Orono Is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
subdivision regulations for the orderly, economic and safe development
of land within the City; and
WHEREAS, the City Council has considered the application for
a subdivision plat by Paul Englund the subdivider; and
WHEREAS, the subdivider has completed all requirements of
the platting regulations of the City, Including:
Dedication of required drainage and utility easements.
Dedication of public streets and roads.
Payment of a park dedication fee of $500.00.
NOW,- THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby approves the plat of Englund Addition subject
to the following conditions:
The aforesaid plat shall be filed with the Hennepin County
Recorder's Office on or before March 1, 1979, together
with a certified original copy of this Resolution.
.
i.
/./' i
H
^Iji0 approval granted by this Resolution shall expire if the plat has
not been filed by the date specified above. In that event, it will
be necessary to file a new application with the City of Orono for
subdivision review.
Dated this day of 1978.
William B. Van Nest, Mayor
ATTEST;
Walter R. Benson, Clerk/Administrator •'I
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S3 tJ ^
regular meeting of the ORONO council, JULY 11, 1978 Page 5 I
Mr. Alan Olson, City Planner, entered
^Le^ive ieSt' dated May 17, 1978, which states:
cumnTVTSlQN
Q8Q80 North Shore Otg^
T385 ^
Paul Englund
The applicant wishes to divide his 8.62 acre
^xclSalng road) parcel Into two pieces, Me with
house to be 3.68 acres (excluding road), the
-4.kai> to be 4 98 acres (excluding road). Both
!SSS!^-lSinx?iiiSrSinsrLntfafl%ftt‘^t\e,ulres.ents
Planning Commission Meeting - May 22, 1978
Sketch plan reviewed and approved. Staff noted ISnSnSing^^lBsion^and « Mr. -gl^d^s^^^
r«gSr:a“r!« to
fiSal plat approval. Public ib*°™»tion iweting
scheduled for June 26, 1978 at 8:00 P. •
Staff Note: Received revised plan
line changed to provide 4 acre and 4.6 acre
parcels.
Planning Commission Meeting - June 26, 1978
council Meeting - July 11, 1978
Butler moved, Pesek seconded, to ^
oreli^nary subdivision request of
980 NorthShore Drive West, ^r
commission recommendations of June 26, 1978.
Motion, Ayes (5) - Nays (0).
4. *■ V
i
S;o^d*^2^r^ueSt^o/HSlSepin®So^^^ Park
ErSanriU? ibTcSVta?^^'^
STREET VACATION
♦386 ^ .Morris T. Baker Park
Th. Park Reserve District, as per *^^®**®^
JSrtiSi S?%’^”?el^^5|veloVr^ lyi^^^
“^‘S^?i-i^rc2Sir.io*;£S a scneaule
a public information meeting for June 26, 197 .(Continued)
. M
i M
I ^I
TO:
FROM:
lATE:
Planning Comnission and Council
Alan P. Olson, Village Planner
June 8, 1978
SUBJECT:Subdivision (Lot line Rearrangement)
Edward Mahoney, 2760 Pheasant Road
SKETCH PLAN REVIEW
The applicant Is proposing a lot line rearrangement affect tog
four residential parcels and one vacant parcel. Lot
been olatted to such a way so as to separate Lots 15, 16, 17, “
from the lakeshore those lots have always used. Ihe
rectlfy this legal problem dividing the shoreline among the exist g
property owners.
9
\
Staff recomnends approval of the concept subject tosts wsrs'K s;rr.sr^" s:."-
scheduled for July 10, 1978.
PLMIMING OOMHISSlOH MEETING - JULY 10, 1978 (PUBLIC INFORMBTIOH MEETING)
Presmt at the meeting was Mr. Mahoney, the applicant, Mr. Braud,
Ae ^era of^t 14, Mr. Hendrlckaon, 2705 Pheasant Road. «.d
Mrs. Jacob, 2725 Shadywood Road.
This small part of Lot 14 is occupied by six (6) slips, most wito canvas
covers, six boats and a small metal tool shed, toere has never been
Joint use dock license or an LMCD license for this multiple dock.
Planning Comnission tabled application requesting additional staff review,
a
i PLANNING COMMISSION MEETING - JULY 24, 1978
‘ Staff letter sent to applicant July 13, 1978 requesting additional
information. No response as of today.
L-
,m m» M»*»*«*
Edward Mahon^
2760 Pheasant Road
Subdivision (Lot Line Rearrangement)
Page 2
#394
^t affecting
Lot 14 has
8 15, 16, 17, & 18
The proposal would
le among the existing
: to formal replattlng
I (and/or the entire
i Meeting should be
ILIC INFORMATION MEETING)
Licant, Mr. Brustad,
^05 Fheasant Road, and
irties have an Interest
e application. Several *
parently have for some
t the end of Rieasant Rd.
) slips, most with canvas
There has never been a
his multiple dock.
ng additional staff review.
questing additional
STAFF NOTE - AUGUST 17, 1978
We have received a fl”thc”hl^^°Sehlnd Lot 14 and the docks
SShfrs; iut“s Sf ;r«o^s i-ojes and the intentions of those
persons regirding the property.
The subdivision j_^®J^JS8sLn^an?Ctoi^ Iwve to
existing dockage. S^WQ^xd remain. The owners are
decide whether or not the not produced
establishing the duration of ^e ^ r«nain as a nonconforming
any legal documentation. fj^J^^^ndlSons of use and/or a
use, there may be reason **^53tence. In the interim, the owners
schedule to P^®® use dock licenses from the Cityshould be required to obtain Joint use
and the IMCDe
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TclcphoM 478-7857
I OftCITY '
I -5tof ' V
LoRONCy
CITYof ORONO
Port Office Bos G6*CryrtkI Boy. MinncooU 55323 •Mnni^pd OffioM
On the North Shore of Lake Minnetonka
July 13, 1978 #394
Mr. Edward Mahoney
2760 Iheasant Road
Excelsior,
Minnesota * 55331
Re: #394 Subdivision Application
Dear Mr. Mahoney:
Planning Cumnission held a Pid>lic Meeting concerning this
application on July 10, 1978. At that meeting, several questions
arose concerning ownership and use of Lot 14. The application
^las tabled pending receipt of the necessary information. Per our
telephone conversation today, please supply the following information
to m office: (Upon receipt, this item will be put back on the agenda
for further Planning Comnission review.)
1. An up to date title opinion, addressed to the City, shewing
all parties possessing legal interest in Ix>t 14 and all
• encunbrances on the property or other documents identifying
ownership. _
A list of all persons claiming dock rights on the property
and the length of time they have used a dock on the property.
A certified copy of all recorded documents granting dock
ri^ts to the owner of any lot not abutting the lakeshore.
A letter outlining the total tfltent regarding Lot 14
. ownership, maintenance, etc.
it must advise you that the City of Orono does not now recognize **dock
rights" for offshore properties. Any such "new** proposal is contrary
to existing zoning regulations. If the **dock rlgh^a" can be shown by
you to have been legally created prior to the current regulations,
their continued use must be s\d>Ject to annual licensing requirements
of the City and the IMCD.
Sincerely
2.
3.
4.
'. Olson e Plann<
AP0:kh
5
Tdcphonc 47S-13S7
rYof ORONO
I Bay. Minntaoto 5S323*Muni^ CMB oh
ttonka
S*394
!tcerning this
leveral questloni
application
mation. Per our
Eolloiring infomiatlon
t back on the agenda
to the City, showing
A Lot 14 and all
Bcunents identifying
Its on the property
dock on the property.
[Its granting dock
ting the lakeshore.
srdlng Lot 14
t now recognise "dock
proposal is contrary
ghts” can be shown by
rrent regulations,
censing requirements
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THOMAS J.PATIM
m
Mr. Alan P. Olson
Village Planner
City of Orono
P. O. Box 66Crystal Bay, Minnesota 55323
■*
•<»».
/.I*.; 10 1978
RE: Edwaurd Mahoney - Subdivision
implication No. 394 mit(m Ds mm
Dear Mr. Olson:
Mr. Ed Mahoney has requested that I prwide
following information in response to your letter to him of
July 13, 1978.
K.
t
¥
The following background information may be
review of this matter. The plat of Pheasant La%m was ^
ills! S aTeSclSsing a copy of that plat and, as sho« thereon,
4J»e "%fet land" originally included a portion of lx>ts 15, 16,
S ir 24? 25, 26; and 27. Subsequently, the area was apparenrly
A-rLAamA 4o create open water in the approximate location of the
"oS^rstandin, is tluit the dredging el~
i?n?J SfTrSS.^ survey of the portion of Lot 14, Phea^t
^ uhiS. S. Hahoney is attespting to divide. As yw can Me,
^ dredging resulted in changing tto
the lots which had abutted the <«t lands did not «b“t ^e.waMr.
Accordingly, although the owners of these lots have
thought to have lake frontage, even by the assessor |^o . . -
I^eSMd the. on that basis, «id although »>^
sold as lake shore lots numerous rimes, in fact they did not have
recorded legal title to the shoreline.
"i
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. A*
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1
1
I1
4*«.m tv...*,• ••••••• ^*4 mimmI -ii. 1
H .
ti
Mr. Alan P. Olson
August 10r 1978
Page Two
iSt 14 until the inia-1970's, only five house. h.a hem buUt in
i S
VLTntnfnn!;;. r. nirfS*o^3S?
Seen Sallenged by either private |«®®?
SS^''b2S®cSLSlly°^dSr8?^ iSl^SuSeroSS^S^ SS'^the'^SSei-”^
SS^diSg^S Se rigfe^ SSe^iJS^lStS*!® enctStiSrco^i^ror
various Sal^which^was received by David P. Hoffman
jiS’EuSS^! hSf^. ?Si^ they porchesea
ihi^h clearly evidences the intent to convey to them aU
MJJis'*ii:°Jhf “lining hoet a^ cen^^^
situation regarding the owners had the docA
itSSis'^S tSi ?I^^?Sts”ave been ^ght and sold on that under
standing many tis»8 over a long period.
!^SucSt?Sn'^Ss p^chased ifirizSir*"
ciri- 14
i^?ved !lieSted“lSt''Sj;S tocrS^«^2Sd”l>^uIld^a^lakeshore back to tte Mtectea ^ r^wn neiahborhood was made
house on the island• When the ^ effort to preserve
«2re of this situation, it strtJ^qS^ 2ith «?^ot to
what haa always SS ”a2SSlop«l natS. ofShoreline and dock rights and to Preserve tj» ^owxope
wi.^TWr
i
1
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9
I
Mr. Alan P. Olson
August 10f 1978
Pags Three #394
after extensive negotiations and ^^^Jj^jJgJ^by®J^°5irious mem- Jccept $15,000. The ^SjOOO^wa^on^ibuted^^^^^
bers of Pheasant Lawn ”®^9bborh^ w rights appurtenant
Name Lot Interest
va ^.
r »
Edward and Gatherine
Mahoney Lot 15 Shoreline
A ,
W. Yale and Isabel
Smiley Lot 16 Shoreline
.1 -«#.►
*k«
f T*f' V
i * •
Paul and Jean
Nrobel Part of Lot 24
now Tract B,
R.L.S. 1453
•
Lot 24 was
a driveway
in favor oi
Pobert and Elizabeth
Galloway
0
’ Lots 17 and 18 Shoreline
Richard and Ursula
Breustedt
•
«
Part of Lot 24
now Tract A,‘
R.L.S. 1453
Easement
David and Joyce
Jones Lot 8 Boathouse
Stjephen and Shiela
Bakke Part of Lot 10
«
Boathouse
David and Eileen
Hoffman
•
Lot 6
•
Boathouse
•
Jack Bide Lot 2 •Boathouse
Dallas and Virginia
Messer Lot 5 Boathouse
Bowevr, others^ SJ«. not
indicated a willingness to status quo. It was
^ Crl«)n for the purpose of SSulsable to
ultiestely detendned,
keep the group to a Sd ^ portion of Lot 14 sub
o-ned h, Bd«rd
1
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BiS . d. . >. I. iiaL . ■ B*«i' r^WA^US^ -.' -T^*'a«fh ^Aj*! li =g ^
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1
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-« • • •« •• ••v««co.. ••••••••
n'KMr. Man P. Olaon
Augiiiit 10«'1978
Page Pour u ‘
tL PHOr;)^ •
ru #394.1-
*4^
“vsaAS I
.4«? I
«
The intent of the group in acquiring the Lot was that it
would sSSdivided in accordance with the Application pending
before you to permit the combination of the small parcels ®® . . ^
t5. lots on .hich f~4*
:::SciSt?o“cisnnun: sr?s:‘s;neroriS2“ei‘io?.‘^hS h.d Ld.
contributions to purchasing the property. The five Y*“ j’*Y® „4- J»
i^b4- s^ofvics would be permitted to retain their docJcs in the p jk
fenl coSwgS?2iion aSS^e balance of the property not ^der water, ^
JSSJ is thTisland portion, would be restricted to preserve it in
^ pieUSt uiSe"io?ed state. There is no intent to increase the
;s&oS^ iSe ^?2pS;y"?s°;rco^d‘'i:s«ic-
If I can be of any further information to you, please don't
hesitate to call.
Ve^: truly yours,
•*• •- -.i
■
C._
X .TnHn W- Thiel
i''
JKT/ar
Enclosures . .
ccx Mr. Edward a. Mahoney , 'i'- ** \
* ■ J
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»’ tM,'. »*c»4 .
•t
CO.* •nnaiiif Pt»» —
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OLL TANK CO.
manufacturers of
STEEL PRODUCTS
7901 FULLER ROAD
EDEN PRAIRIE. MN. 9S943
TELEPHONE (012) .041-4252
July 26, 1978
#394
Mr. Edward J. Mahoney
2760 Pheasant Road
Excelsior, MN 55331
Dear Ed:
In 1970 we purchased P^^Ss^a^spLlfled^doS^from R. H. Bowen who showed us a speci years,
SS «ltb tb. property « «.r.
buying.
we should be entitled to this dock space.
• «
Very truly yours,r
^nhn M. Elde
2655 Pheasant Road
A
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#394 % •• • •
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■^fe. •••■.*'*.'■ *' ''■ ■’^
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V:.-2673 Pheasant Road
Excelsior. Minnesota 55331
August 1, 1976
• •
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A • t
•••
1 Planning Conalsslon
dtj of Orono
Orono, Minnesota 55323 ;
••
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ladles A Gentleaen:
e • •
f ••
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\
I purchased the hone at the above address in 1965. At the
tine of purchase from Dean Thoaas who now lives at 1500
Bohns Point Road, I was advised that a boat dock at the
cul-de-sac was considered a pan of the property. Mr.
ThoMS established the first boat dock in that area sev
eral years previous.
•• ^. . •• • • •*♦ Mr reason for writing this wyself is the fact that Mr,
M :•' •*. J
• •
• • .* ••
• • • . •• u*
Thoaas is in the hospital due to a heart attack suffered
‘....in the evening of July 27th and unavailable to signify
these facts hinself. . I an advised that it will be four
.
• ••
*•. •
.. . • V ........_ _ _ _ _
' * * • V®rv tnilv vours. i t /.
to six weeks before be can reaune any business consld-
' 1 evations.•v:%•
# o
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‘ • •
Very truly yours.
# ••
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MU.t.AII*04Vlt CO., NIN*.|4^0W»^..i
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lion »:>V!.MVfTNUT . CAOWOKI* IIJH,
July 18. 1978
• V
P# ’ 4
-j. ,
Mr. David T. Hoffiiian
2675 Pheasant Rd.
Excelsior, Minn. 55331
Dear Dave:• .
• •
--------- •
W. purchased our hiia4 *t26» ?"»«•;» “; i?^®fiis’Hsured from Hr. and Mrs. Kenneth Landis. At that tiTO. I was assure
that a specific boat dock on the lagoon at bj
Dhdiaciint Rd was belno used by the owners of 267S Pheasant RO.
thl^out with the other residents on Pheasant Rd.
Ind^riSd ttS Sii hlS b.«. the underst«.d1ng since the
&TSd ’ S'rJ-.t!!"e?’!:?.rrt?^“r§:e “Sest side of
Phees»t Rdi’tl-t.* Pheasant Rd. that exchanged hands wiw a siroiiar ,
reoardlno the utilization of the docking facilities, we
utfllzed^and aialntalned our specific dock yace fiw the time
• we purchased the property until It was sold to yo
February, 1977.
• At th^% purchased the property at 2675 Pheasant Rd., this
natter was discussed. It was assumed that tte past
standing between the property owners on *****®*®”? utilization of the designated.docking space would probably
continue unchanged.
Best Regards
Sincerely,
4
J
Robert E. Alexander
REA«HAD 4 ^
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^uly 19, 1978
Mr. A1 Olson, City Planner
City of Orono
Sear Mr. Olson:#394
It has been suggested that I furnish Inforsatlon concerning wtr
use of the docking area on the channel at the end of Pheasant
j(io»A an* I give you the following Information:> .
I purchased sv lot (Lot 8, Pheasant Lawn) In 1951 fJrom John D.
(Jack) Pox who lived on Pheasant Road In what Is now the
Stephen Bakke hone. At that tine. Jack assured me that the
channel lakeshore adjoining the end of Pheasant Road wan for
boat dockage rights for the owners of the Inside, lots on
Pheasant Road (not on the channel or lakeside).
Valter Toungqulst, who subdivided Pheasant Lawn, lived on
Pheasant Road at that tine In what Is now the Jack Bide hone.
I knew and visited with Mr. Toungqulst on many occasions con
cerning the developnent of the area. Boat dockage at
subject location for the Inside lot owners was discussed and
aasunad In our conversations nany tines.
I recall that both Jack Fox and Walter Toungqulst, irt»o lived
on Inside lots on Pheasant Road, kept their boats at the
dockage area at the end of Pheasant Road In the 1950 s.
Other than a row boat, I did not have a power boat untU 1957
or 1958 and I have kept a boat at the sane dock In the sane
location on the channel shore at the end of the road since
a
The recent questions concerning ny dockage rights of course
are disturbing to ne. I hope that the TiUip w be
standlng and cooperative In granting ne pernlsslon to continue
use of boat dockage.
David C. Jones
2695 Pheasant /(oad
Bxcelslor, Minnesota 55331
11
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:> Mil*
ixander and Gladdls j.ouj^g
M.1nnesota___------ part
Tii.oa) and other goodjjjg
F. HnffngnT husband jtndjwjfe
innesota
l, hereby Grant, Bar(^
lore, adnUnietratmv and aeslgne,
•tvU:
it Road, Excelsior, Minnesota
md paH, iJieill- execntore, adminie-
t /art„Jiemse)Yeai»_thBillr», exew
aid paH.__i£5._ of iho eeeand part,
____ ihe lawful mouer of eald Goode,
ae aforesaid; that the same are free
the Sale of said Goode, Chatiele, and
md part, Ji.lk.lSiX- ejeeetUote, adminie*
fuoevor, lawfully daitning or to claim
Jmiefore mentioned.
iQVO hetounio set------.JfeftiX
20
jbert Mexander)
laddis Louise Alexander)
NSURANCE I^OMPANY OF MINNESOTA
MinriMpolis, Minnesota 55401 * ‘ *
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Si,7r"r?f P heasant Lawn
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lor UiviQ ji. wriwon
in Lot 14, WiCHSant Lawn
llowispln County, Minnesota
driotVifOY
eoitmtnr
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LoVe
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true a«l "'""TSti" ekewt U«t lurt deecrlbod
/vjin/ie^oo^*’
lx>und:<ri6s of
as follows:
vVV'
all ot Lot 14, "Pheasont uawn-, corner of Lot 13*ir. said "Phaasant Lawn";
Bt^nnint at tho {touthensteri^y " j^tween Lots 13 and 14 to tho i:=rti««^.rly or
t^ce Northwesterly alonj, . J. ?,cterly clafloctinf- at an ar.Rlo of 127 ”*> ^
sKjst ItorthJrly cornor of ^Id ^t 13, ‘ .jf gj- X2C? foot; Lhonce Southoastorl/ parulicl
the right fro.n L ot dcs^3-.c ^^ U « distance of 203 feet; thonce
\ with the dividing Una f ^.^loft fren last descritod course a dintar.ee o* ^3 IJ
; ieflectlac at on aoclo of ^ core or loss to thi sJsoro of
thence ut a ri*:ht onple ^ ^ point of beglnain;;; only the t.ortheuot«rly W
Seu-eur^ya
I
Scale:
Date t
o t
1- = 100»
i-zCf-n
Iron BiarkHr
UOruWU rv. ----
Land S-rvej'or end Planner
Long Lake, Kdnnajota
*‘r 1
TO:
FROM:
Planning Comnisalon and Council
Alan P. Olson, Village Planner ^415
DATE:August 9, 1978
SUBJECT: #415 Conditional Use Permit
Lowell Zltzloff, 3502 Shoreline Drive
The applicant Is requesting permission to operate an auto parts
supply store In the vacant McCharles building at this location.
Ihe business Is stated as being primarily wholesale In nature
with limited retail trade.
The property Is zoned B-5, Limited Neighborhood Business District.
The property Is 13,450 sq. ft. In area and 100 ft. wide. The
B>5 District provides for certain "permitted" and certain
"conditional" uses, but auto parts Is not specifically listed In
this or any other district. The last use of this building was
for a retall/manufacturlng outlet for redwood burl prodvicts.
This use was approved by the Council on April 26, 1976. At that
time, the property was zoned B*4, Office and Professional Business
District.
Review of this application must Include a determination of the
suitability of this proposed use within this use district.
Side Issues Include traffic generation and parking requirements,
outdoor storage. If any, and a general cleanup of the debris,
old boats, etc., existing on the property today. The City engineer
and Hennepin County Department of Transportation have been asked
to review the traffic controls and access delineation.
PUNNING COMMISSION MEETING - AUGUST 14, 1978 (Work Session)
Mr. Zltzloff and building owner. Rod McCharles, were present.
Mr. Zltzloff explained his business to the Planning Comnlsslon
saying this store would serve his local area customers. There
would be 2-3 enq>loyees and one delivery truck based here.
Planning Comnlsslon discussed major concezns with traffic and
parking and Indicated that some curb cut work will be required
as a condition of approval. Mr. Zltzloff Is to return with a
site plan showing parking, access, and any Intended landscaping
plus a floor plan of the store Itself showing retall/wholesale
floor space divisions.
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TO:
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FROM:
DATE:
SUBJECT:
Planning Comniaaion and Council
Alan P. Olaon, Village Planner
Auguat 23, 1978
#417
#417 Variance
Alexander Holzer, 2677 Casco Point Road
The applicant la requesting permission to reconstruct his existing
14 ft. X 32 ft. single stall garage into a new 21.5 ft. X 31 ft.
double car garage. The reconstruction exceeds 50% of the structure's
value and therefore Is required to meet all current code requirements
including setbacks.
This location Is adjacent to the neighbors garage on the south.
The yard area Is raised about four feet above the road and Is
contained by a retaining wall making a practical difficulty If
the garage were located elsewhere. There appears to be sufficient
room to park a car between the garage and the street but the
retaining wall does severely restrict vision to the north.
Variances required 34.552 LR-IC
%
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Front setback required:30.0 ft.
existing:18.4 ft.
proposed:19.6 ft.
variance:11.4 ft. - 38%
A
Side setback required:10.0
w
ft.
existing:1.2 ft.
proposed:1.2 ft.
variance: 8.8
ft. - 88%
I
J
W- ■Hardships: location of existing structures (garage and retaining
wall) and raised grade of remaining yard.
m
#417
Road
.4‘
mstruct his existing
» 21.5 ft. X 31 ft.
I 50% of the structure's
irrent code requirements
rage on the south,
the road and is
:al difficulty if
sars to be sufficient
street but the
:o the north.
es (garage and retaining
maining yard.
t
I
Land Use Application •
lOCATICH OF PRC^OSAL (or property)
Address ^677
Description_
>ropjiequest
iuOAvn^on $1504$5Aot
>ndi-fl[onal Use $50
"rSS” ..2Z£J2_
OWMER
Mailing ------ --------^
^9.S£aX-£>. Uy/7V7/^T^
PresMit Zoning -----------------------Present Dm
Variance $50 M)6 1^1911
• • •
___ Rezoning $250
Riprap $15 ($65)
V/TW^A
Zoning Ordinance Section Relating to Request •Sf^^SS’.Z
^P^ctfy Ordinance Requirements P;?fvrr pT~-dtZ./
Esq>lain your request and reasons for same
VARIANCE required - extent of nonconformity
- -Setback Frontside j/ Rear
------- ------- Other, explain ^/
* 7^ Speci^^ hardships to property
SUBDWISION application Residential Other, e3q>lain
No. of Lots
>1T10HAL USE AND OTHER -explain proposed use of property in detail
BBCESSMOr POR COMPIETE APPLICATIOH
(Mist b. Bitelttsd 10 day. prior to Planning Ooiii.ls,lon ^ting)
«^t ‘^ttlflad Property Oenarl. Hat of
Owtificate of survey of property J/ttm rffw- fioai
AetOh location and «ttaS»^proposal voacK. or *r*®^ Goverraamt Center
construction plans, if appUcabl. . '
on the above lis*
^ -
kn
DATE /<^ y/
DATE
V ^
Applicant's Signature
(Xmer's Signature
Imrrit^y HQreea ¥r%
ARLEIGH C SMrmJi ^ "I ^
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i7i»iPLAT or fUKVir » a
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DEPARTMENT OF FINANCE
A-603 GOVERNMENT CENTER
MINNEAPOLIS. MN 55487
PoH ■■
r #417
PROPERTY OWNERS LIST 10617011
' rbROMo 3S>
•DESCRIPTION _
NAME ADDRESS LOT BLK.PARCEL
4^ OtJ*»€$L.. ^<5 17117
PL.ftrr 4-13 2.0
2<»S4- Cajsco fV cd.
WflV2A*r/» maJ. 5 a3^/
•.3100
fcr i 6otC 37-4 OA>co A
>u)kN£krA MM. 553*?/
>/nr“3200
Pb1:5.L/»04
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Z 5 52-.- W. oA r»««.
kl£> /*'W. 334^.^/lOOO .
P/^4LPi>"r* - MiJiLlT*
2.693 <T45CO Pr. ft(.
\A/AV^ArA ^539/2.000 ^
^ • ,>% j A A f J ^%0 JRT
Z6<i7 M »l J3 3000
•
^prikio: Pf^t^K
PzO'T 43300
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#417
IBS 17 UO
0R0M03S_
LOT BLK.PARCEL 1
7 000 J
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2.000 1
3 ^OOO
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department of finance \ Ai.€.jfAMb£e.
A-603 GOVERNMENT CENTER
MINNEAPOLIS. MN 55487
PROPERTY OWNERS LIST
#417
\IB8171II8
NANF
%
ADDRESS
-------------------------------------------S->^»^WfvJW __________
DESCRIPTION
LOT 1 BLK.1 PARCEL|K
p.Tr)|<Pft|,yg^y fti<«rgfteA/rA .5#c.. Z(i Tin e.z^1 ^
£Lt>rr 41 3 Z O j
C.t>A»xr^^
24,64- C^sco FV ed. j ~
Wfly?Arr/1 Md. j
2^UUO 1ff ## 1 1 \3 lOOB
[25eopo«g4 CJbAMo:
£t I aoy 374- OAico A|>,rt7- ---------------
ku)MtA,rA, WM. 55 59/ J 3700
U—------- AuD»Tr)re.s
1----------------415^10 I
21il2^0. Z4.5
^oeeALT* /C.
z S 52^ W. cPKg. oA rMS. r^£.s ecwS -----------------------
!>S6 p\fiLS /»W. S34<^^|
II *II ^11 %
1 1 K
/ 1 1 /Ooo2695 r<95CO pr. ft<!
VwWy^ArA /-lA/. j55J9/ I 2 1 12000 ^L
pu?^AiPO J. LoPfi/c »» •«3 1 I
* 1 • 1
1 1 ^
^ pPRiAJA' Pi\c>J
1 * r
Z.<p77 CAiCo Pr. ed.
jc^pee. MOLT-griL WAV^A^TA^ nr^s^. S fa 3 ^|/
____ r\ 12.<»oS
ff^err |yqva /a //«-v
, ,2^59HAerufr'
A a /. ^AJpr\//SAJ 2^49 • I
5?00
^9.50
W/«J^MIPA Otllfca. Qg Lo-, I P,
PLtVT- .4-^/J.Qf
, 2 SHBcmy
iljr. VN/^n&Crt<AS I 5r: A>iia. 5i5iiO Py ^ i?
I ctrUfy^ that th# facts represented
on rUs ceftWrate are an accunla
and true r|^resent<itlon of Informa
lly as It apf'ears thii d<^t^ on the
record* of tne Henn. Co, flnonct
IV/^|o4
3 l/lO/Q
Mrs. Roy Hollander
255 Sixth Avenue North
Std>division
Page 2
#412
PLANNING CXJMMISSION MEETING - JULY 24, 1978 (CX)NT.)
The current proposal is to do the division in two phases:
Phase I: The west parcel to be divided into eight lots
plus a remaining outlot.
Phase II:The east parcel pliis the Phase I outlot to be
divided into the remaining seven lots to coiqplete
the total division as presented in this sketch
plan.
Discussion included desire for private road of 50 ft. ROW width,
no direct lot access to County Road 6, a temporary cul de sac,
and an easement to the City for the continuation of the proposed
road through the east (Phase II) parcel. Mrs.Hollander proposed
that the existing rental house be eventually Included on her lot
as a guest house.
MEMO UPDATE - AUGUST 23, 1978
As of today all materials have been received for preliminary plat
review. Comnents have been requested from the City engineer, the
on-site inspector, Hennepin County Dept, of Transportation and the
Hennepin Soil and Water Conservation District. A public information
meeting has been scheduled for September 11, 1978.
f .N
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• • • •
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TO:
FROM:
• •
DATE:
Planning Commission and Cotmcil
Alan P. Olson, Village Planner
July 18, 1978
^4l p
SUBJECT: #412 Subdivision
Mrs. Roy Hollander, 255 Sixth Avenue North
SKETCH PLAN REVIEW
The applicant has two existing parcels totalling approximately
37 acres. Zoning District is RR-lB, 2 acre lot area, 200 ft.
lot width. The eastern parcel contains a bam and two houses.
The western parcel contains Mrs. Hollander's house. The proposal
is to divide the properties into 15 residential lots.
There is a considerable amoxint of wetlands on the property as shown
on the sketch and our wetlands map. One of the proposed lots is
noted as 1.6 acres dry and 1.1 acres wet. All other lots are at
least 2 acres dry. A soil survey and indlvidtial septic testing
will be necessary for proper review of the lot arrangement.
The roadway is shown as a loop connection of 50 ft. right-of-way
width. With this number of lots, previous approvals have required
60 ft. ROW. The access location is subject to county approval.
The west access also serves existing houses and is a separate
RLS tract. Ownership and other easement rights should be reviewed.
Note that the existing eastern lot includes two existing houses.
The plan as shown places two houses on Lot 5 (the new Hollander
house and an old rental house). This situation should be addressed
at Sketch Plan. Alternatives include a conditional use permit
for guest house (if lot is enlarged), a conditional use permit for
a non-conforming use, relocation of lot lines to provide a separate
parcel or removal of the house prior to final approval.
PLANNING OOtftfISSION MEETING - JULY 24, 1978
Mrs. Hollander and Mr. Dick Knutson, engineer, were present.
Mr. Knutson had revised his maps to show Lot 3 of north block to
have 2.0 dry acres, up from 1.6 dry acres shown on o\ir 7-18-78 version.
'rr
#413
DESCRIPTION
LOT T BLK.1 PARCEL
3 1
1
1 3d3oA
>IOZ5
10(5 i-J-J----------------------------^ 1
1130
1 3025 1
1 1
vVi. fo
n '
#1 ■11
L^QOO
------------------------------------* ■-------------------------------------------------------------—
18o<3
I 2.700
3^00
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“j j A(X^ining» PPryojP-ry
DEPARTMENT OF FINANCE^
^-603 GOVERNMENT CWm
MINNEAPOLIS, MN ^5487
PROPERTY OWNERS LIST
...■*■
NAME
i f
UlLBLiA P Uot
_ _ _ _ _ _ _ _ _ _ _:
ADDRESS
^ ^ 3EC.. Z
Pui\T <4l3z5
L/t^iD£IS^ SS3 9/
/•« •
Po. Bojr 7/
//W «A//»y2AT<9^ a^39l
I
5r. Ed\^a£bs PPiit.
t\ l\ |3«2»«=’ cot/A>Tr «e«l- ^
L>OfJc%ZA73 /y/<?y'mAi w>QW2./qT-/:?^ /*7>tA SS39/
i
<^I^OOQ
DESCRIPTION
11
7". iia la. z3
LOT BLK. PARCE
3Q^
30Z
r i
^GGt-AT’4^P^C> Lq.u& -SDgyy/^ w kVi. lor^i
AeuO£vV'Of S<C.oo»S4 1 7^5 J^, ^m^/uo^us. ttd
W4ygiOTA. /»wa. 553*11
f 0«L .
f£SUi__L. fl44/C£e^
AJto^r'/v et/.
\*J/iHrPrrP. nM. 55391
9^00 w/4-yzArA ocvo.
frnpL>. /»9x/. ^S4.i^o
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o<D.
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34 oc
P^/?r >43/S~^
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k y. ^ |3i5 Coe/OTV Rd. 0>
•Ocwv O, (aOr^eiE. u>/AVg.A-rAj /»w. 5539/
11
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Hft0uc^ r, //ccLMJOAe. w4yg<qno <»M/. 5539/
oo M29
Bk^nr_43J-7 3
- ,345 jniiA6 WtL cd.
Lo^M/iS A^t/O^A/HXW \vuAV£.nkTfi ^ mtd. 5539/
I / I 2 65 couMrv 2d. ^
Hfcaue. Hotu./iAj£>Pfi-\ vA^Avg^rA ^ rOM, &S391
TiPAO.T jA
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TO;
FROM;
DATE;
Planning Conmlsslon and Council
Alan P. Olson, Village Planner
f
#418
August 23, 1978
SUBJECT; #418 Conditional Use Permit
Robert Homick, 19t0 Shoreline Drive
This application should be reviewed concurrently with #414, a
proposed lot line rearrangement o£ the gas station at 1960 Shoreline
Drive and a house at 1980 Central Avenue. The Planning Comnission,
in review of th*’. preliminary pl-t, were xmder the impression that
the station operation would remain the same. To clarify usage, the
Planning Conmission recommended that a formal conditional use permit
be applied for as required by Section 3!».022.
Mr. Homick has now made stich an application but it also includes
a request to change the character of the existing operation. He
would operate a convenience food market in the building (Instead
of the vehicle repair bays) and the gas station would become
self service instead of attendant service.
Retail food is an allowed B-1 use (35.011) and gas sales are a
conditional use (35.022). All variances listed in the #414 memo
still apply. Parking needs increase from 7 spaces to 9 spaces.
*9
i
#418 I 1!
Ive
ently with #414, a
station at 1960 Shoreline
The Planning Comnission,
ler the inq>re8aion that
t. To clarify usage, the
lal conditional use permit
■■ ■’'V
n but it also Includes
listing operation. He
tile building (instead
itlon would become
and gas sales are a
Lsted in the #414 memo
' spaces to 9 spaces.
______
# >3
5y
3:
! 1
i
‘1
Land Use Appliq
lOCATXON OP PRC^OSAL (or property)
.JliLllL.uL Qa ■
FEST
$150+$5Ao'
X«9ral Description
^PMCAOT Nam eygs^-^ Tel
Mailing
Mdreaa •S7Z><J^/^At>aAr c?-
OWNER Name R^on7~. _ _ _
Nailing
Address _ _ _ _ _ _ _S2^ilZl£3!ii^L£^
Conditional Use $50
___ Variance $50 •
■ /_ _Reroning $250
_ _ Riprap $15 ($65)
Tel #FEE >5*2. O
Date ^o*d
By pl /c
Present Zoning /Present Use _
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements __ _ _ _ _ _ _ _
Ejqilain your request Md reasons for same S’Asarr Z2.‘xy^ *
Pf2.oP£^Ty t. c.una cuts t ^>
g g./ry ________________________
VARIANCE required - extent of nonconformity
- - lot Area _ _ Setbacdc Front Side
____Width Other, eiqplain
Rear
Specify hardships to proper^
SUBDIVISION application Residential Other, eaqplain
No. of lots
CONDITIONAL USE AND O^mER — esqilain proposed use of in detail
tc^J
/C^
NECESSARY FOR COMPIETE APPLICATION
(Must be submitted 10 days prior to Planning Comnission meeting)
Application cooq>leted
Plat map section
^IHcat. of Burvoy of property
*^^loc.tlon ma setback, of
CanstTttction plans, if applicable
• ‘
DATE 'JjSf/7^.
|Certified Property Oumer's list o
owners within (300*) (150*)- froa
Hennepin Co. Dept, of Finance
A-603 Government Center
Stamped, legal sized envelopes(#2
pre-addressed to each of the naaa
on the above list. '
DA'xE
Applicant’s Signature^
Owner's Signature_ ... - -«■ OJU^AAObUXES_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—_s^
the agrees to provide all information required or requested by
PI.nni„, OcsnaissiS
m
t.
f.tiii I
iL
HENNEPIN
I'
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South .
Hopkins, Minnesota 55343
935-3381
August 8, 1978 R
' • f
414
^11 J97c
• ' • Si*
yiUAGB OS OR I I
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Mr. Alan P. Olson* Planner
City of Orono
P. .0. Box 66
Crystal Bay, MN 55323
Dear Nr. Olson:
RE:Proposed Plat - "Tourangeau Addition"
CSAH 15 - Northwest quadrant CSAH 15 and Central Avenue
Section 10, Township 117, Range 23
Hennepin County Plat No. 683
Review and Reconmendatlons
Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require
County review of proposed plats abutting County roads. He have
reviewed the above referenced plat and find it acceptable with
consideration of the following conditions:
1. The developer should dedicate an additional 7 feet of
right of way for a total Of 40 feet froM and along the
centerline of CSAH 15.
2. Direct access fron proposed Lot 2 to CSAH 15 mst be
United to existing Central Avenue and to one connerclal
driveway entrance located approxinately 120 feet north
easterly of Central Avenue. Thg rgaaindnr of ttw fmntan#
'ISAH 15 wust be closed so mere is seoarat1«" K»»ijnma
Taffic ai ic jsee attachwent)7
3.Access construction and/or revision requires an approved
entrance permit. Entrance permit forms are. available from
our Traffic Division.
HENNEPIN COUNTY
on cquol opportunity cmploytr
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#414
41
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All other proposed construction within County right of
wey requires an approved utility permit prior to be^n-
nlng construction. This Includes* but Is not llmitw to*
drainage construction* utility construction* trail dev
elopment* and landscaping. Utility permit forms are
available from our Maintenance Division.
bi::
5. The developer must restore any area within County right
of way that Is disturbed during construction.
Please direct any response or questions to Dougins Mattson at this
office.
Sincerely*
Wmes M. Hold* P.E.
>»:v-
Chief* Planning and Programilng
JMU/DBM:bg
W. ■
Attachment
cc: Schoell A Madson* Inc.
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vUL 28
RTMENT OF FINANCE
GOVERNMENT CEI
EAPOLIS. NN
300 ytllMaB OB *iX*J^A*PERTV OUNERS
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ADDRESS
DESCRIPTION
PARCEL
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tA)L 28 1978
pEPARTMENT OF FINANCE
603 GOVERNMENT CE
INNEAPOLIS, MN SSI
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PROPERTY OWNERS L hf .
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NAME ADDRESS-----
PAAT 42
DESCRIPTION
LOT BLK.
"Th/ie^cmn Zacs- /4«</U^#t{g ^04/
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STATE OP MINNESOTA
Combination Application for Retailer ’s (Oaiwl o) (Off-sale)
Non-IntoxicatinE Malt Liquor License
fXf' • — — ~ — ■— — - •' ^/=~ <g/2 g
COHMllf a/ _______________
(MBtr) (cHr) (*OlM«)
foiOTI O/.A-^t M/'K-'S T-ryn^^A., eour^ o/.
o/ <%• My, Mlage, or
, 5<o<*
of Minnstota, KonUfy maJco appUeaUot^ for a ReUUliA$ (QmmMg) (Off-oalof Jfon^ijUoxioaUnf Malt
Liquor Lieente to «eU nuA Malt Uquer tutder and purstiant to an ardinanae Yresolution) parted oy eUy,
village eouneU, county hoard of___________
and Chapter SMI, Mtnnoeota Statutee 194S, as amended, providing for Ueensing and regulating the
tale of non-intoxioaUng malt liquor.
During the past five years, my residenee has been as fellows: ^O __STZ7
/ was horn.l^Mlk u Ov • T««r ' vm^
/uc
Tow* SUtoarCMBir
/ am a (ncMoe) (nagsaadosedf eitUen of the United States.
I am ----------...-married. My (wife’s) (hushorsMe) name and address *s CTut>nH- f\ hfoQyut^^
______________!_______________________!____________________•gpflu g Asr>iOya.£;s ■«?
I am proprietor. J.__SAT- CP ft.__________________________________________________________
in the state of-----Firm was ineorporated.
Corporation it authorised to do business in Minnesota.
Lieente is far—(^QO—----------(street) (highway) located as foUowt:
/O / » %y
Ota.
The lieente will be in enmMdia^vdA Coao£*sisff,,t^e^ T ^f^Soey.^tccTt^
uMeh hat been in operation—( *> S'
,sr-
4laor.The eetablishment is located an the.
The businestpremises are owned *y ^o\3S-*z.7~ ^Gkt/ r^qn/
♦ »
no tones on the property are not deUnqusnt.
I am—-----engaged in the retail sale ofintoxioating liquor.
/ hone—^^'TTT.---had an applicoMon for lieente rejeeted as fellows:
1 have never been consneted of a felony nor of isolating any JfaUonal or state liquor law or imif
erdinanee relating to the manufaature, sale or transportation, or potsetsum for tale or traneportoMon of
intoxieaMng liquor.
OamhUng or gambling devices vnll not be permitted an the licensed premises.
J am the owner of the leasehold, furniture, finturw, and equipment in the premises for which the
lieente is applied, except__________cassjtyr Oz f^H (*>^
mm follows
1 liETo SO inUstloB or ofroomosi to trassfor Um Bcoiieo to asother penos.
1 nibintt thafollowtog bubm at pcnoat, IndadiBc • bank, for rcforoneo, witli wbom I hara bad bnatscaa i^tfoaa
TOM Re>gg»gIii«»»*J48Tr»4J>CV<- gt'T'V
/?oo e /V*
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Jntaad to aagata la tba aala of lntoxicatiB( Sqiior aad will bara a Ibdaial
W MW* M
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VILLAGE OP OROHO
, . CRYSTAL BAY, tlWIESOTA S5523
AH :iNlST?ATIVfi OFFICES
Faons; 47A-7357 "v• ^
APPLICATIO:< FOR LICE.4SE TO SELL CIGARETTES AT RETAIL
H/S
4
19 y<r
(Ciinptor 62, Orono *'tiiiicipal Cocc)
1. Wanio of Appl icant (3^.
Adtlrass £T_______________
2. Salas Location:
Piion 2
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Nano
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Addr 3S s *Sf^o«a.ec 1 nxg Phone
3. Principal business carried on at this location sBfzx/i^£’
/^A%/yS> _______________________________________________
4. flothod of Sales: V^ndin^ r'achinc Over Counter V Other
I hereby make application for license to sell ci<;arcttcs at retail at
the above location subject to the laws of the State of ‘linnesota and
the ordinances of the Yillaije of Orono 'hirinij the following quarterly
periods:
V'
Fcb-'lar-Apr
^Nay-June-July
LICENSE PEES
C.
Aug-Sept-Oct
^ Nov-Pec-Jan
Expiration date of license*, Jan. 31,
eacli year. Annual license foe is
$12.00. :#here applicable, as in the
case of seasonal sales, ,tiiis nay be
pro-rato'* by quarters^ at $3vD0 per
quarter.
Make ronittance payable to :
Siqnature of anplicant
Patod
Village of Orono
7f/f9:ht'
For Office Use
Action:
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TO:Walter R. Benson
FROM:Alan t. Olson. VllUge Planner
PATE:August 25, 1528
SURJECT:,«U subdivision - Tour^““
#418 Conditional Use
y #418
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Sr««ion fr» Tour.n*e.u .«- then
?o Hornlck tor operation. __ _to Homlck tor
parking the^arca now with Paul to
u:.-K.:‘f ur£r~..-s-s s,“r»Tie. •< -
County kn® been
new proposal.
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August 25t 197®
? S^n. VU1«€®Alan P. Olaon.
OxonOy Minnesota 5>32?
BEi #418 Co ndlUonal Use Peomlt
Pekr Mr* Olsoni
^ aim! 4n 1
jsSrSu »• ">• 'WM"" ,._,,»iu.xne 4««*»iiad and painted
stained. Parking axw —_.
*?sr:s;Sc^i
storagestorage* _. wlU tie
InalSTthe aalearoon*
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Once a^alB* My I Mphaalie, that ay proposal la to convert the present
service station to a clean, neat, attractive tuslness, ^ i asset to
the city of Orono.
May I please have your consideration and help In expediting this
request so that we say accoapllsh this on the following tlaetabLei
Ve obtain occvpancy on S^teaber 24, 1978*
» A.Approoclaately 4 to 5 weeks are reqtilared to obtain shlpaent of
the new puaps and canopy.
As soon as we can obtain your approval, we can order this
equlpaent.
I plan to close the station during the repairs froa Septeaber 24
until approKlBately October 7*
— lhank you for your h^p In expediting this request'
Bobert C. Homlck
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009 Bn M*Cn«Ul Bay, MinaanU 55323*Miuiicipal OOcn Tdrahoiia 473-7357
Control Ho.
_ Variance
416
West Shore LaFayette Bay Association
XMr. John Hannah
20220 Cottagewood Road
Excelsiox Minnesota 55331
iOL Conditional Use Permit
__ Siibdivision, Prelim.
__ Subdivision. Final
Date of notice 8-23-78
NOTICE OF CITY COUNCIL ACTION Re: 2607 West LaFayette Rd
Date of Meetings
Votes t _ _ _ For
August 15. 1978
Against Abstention
Action:Appifovals As submitted subject to applicable ordinance reguiremen
Approval: Subject to conditions noted
Deferral: Pending receipt of information noted
Referral: Review by others, as noted
For reasons noted
J
Denial:
i NOTES & SPECIAL CQHDITICRIS: Item not on agenda but was discussed by the
Council at the request of Mr. Hannah and Mr. Lindsay. CoxmclT took no
action but did request more information from applicant regarding benefit
_V8. ecological functions of pond. Council indicated concerns with dredging
or alteration of channel and with discharge of debris from pond to lake.
Because of the ?bove ccncems and timing of other dredging. Mr. Hannah
withdrew this application
Peadllnes:Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
Conditional Use Approval Must be renewed annually.
Expires on __ _ _ _ _ _ _
Mist be renewed :q>on change in
ownership or 'ise.
Preliminary Subdivision approval expires after one year of
meeting date.
Contact Zoning Administration for final plat requirements.
Final Subdivision approval expires 6 months after meeting date
Contact Zoning Administration for filing requirements and
document approval.
Deferred items may be declared formally withdrawn if applicant
fails to provide information within one month of meeting
date, or by date specified by Council.
^ If you desire certified copies of the official City Council Minutes, they
-re available from the Deputy City Clerk upon review and approval by the Couiv il. ■'
cc: Hr Earl Sween
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FROH:
SUBJECT:
All Interested Parties
Joe Rossillon - Freshwater Foundation
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Testing of Lafayette Bay Dredging Project
The Freshwater Biological Institute, as agreed, has been performing water,
tests on the Lafayette Bay Dredging Project. The teste fall in the following
categories.
Pretest:
1. Lafayette Bay - tested for turbidity: Ph, Nitrogen and Phosphate
for base line data.
2. Marsh - Tested for chemistry, Ph, Nitrogen, Carbon and Phosphate
and Chlorophyl levels.
• *
Testing during dredging:
1. Lafayette Bay - Turbidity
2. Marsh - Tested for Ph, Nitrogen, Carbon, Phosphate and Chlorophyl
levels.
3. Sludge Pond - Ph level (in case of the need to dump - not dumping
occured.)
Results:
Mote:
1. Lafayette Bay - as could be expected sufficient turbidity occurred
with barge dredging *> no significant turbidity occurred w:.th the
vacuum dredging.
2. Marsh - no non normal or significant change occurred on the chemical
upkeep of the marsh during the dredging process.
3. Pond - No lumping occurred from the ponds. Water cither seeped or
evaporated out at on acceptable rate.
1. Some tests must be sent to a-central laboratory so some results are
still coming in.
2. A complete report, with all data and charts will be submitted after
the completion of all pumping and after the sludge pond is empty.
3. The principle scientist, John Bromley, is on vaction this week and
not available personally to report.
4. The sampling this week is being done by Joel Settles.
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Pile 6»Amutt 1^78
However, the diuniual of the inverse condemnation cause of action
was improper. The Atiiu alleged both significant precondemnation
activities and the iack of any reasonably ^eficial use. Since these
allegations, if proved true, would entitle the Agins to relief, the Agins
have alleged sufficient facts to constitute a cause of action. Therefore,
the dismissal of the inverse condemnation action is reversed.
N.J.Uaaaally • VIolatton of Ordlnanee
Township of Washington v. Central Bergen Community
Mental Health Center, Inc. 383 Atlantic 2d 1194
Township sought to have the Health Center foreclosed from using a
local residence as a transitional residence for former patients. The
township brought a declar atory judgment action claiming that the transi
tional residence violated a soning ordinance. The Health Center
countered by contending that (I) as a state agency they were immune
from complying with the local xoning ordinance, (2) the zoning
ordinance was invalid, and (3) the transitional residence was in com
pliance with the zoning ordinance.
DECISION: The Health Center does not constitute a state agency since it
is a private non-profit organization and therefore was not immune from
complying with the ordinance.
Secondly, the zoning ordirumce wu valid. The ordinance does not
conflict with state law by failing to designate transitional facilities as a
permitted use. Also, the definition of family as specified by the
ordinance is valid since it is within the guidelines set by the state supreme
court. Berger v. State. 71 N.J. 225, 364 A. 2d 993.
Finally, since the transitional residence is a single housekeeping unit
as defined by the ordinance, it does not violate the ordinance. Therefore,
judgment is for the Mental Health Center.
III.InJnactlon • BaUdlag Permit
City of ChiUcothe v. Stoecker 374 N.E. 2d 239
The city sought to enjoin the Stoeckers* from constructing a residence
without acquiring the neemsary building permit. The court denied the
city's request for a permanent injunction. The city appealed.
DECISION: Unless there is clear and convincing evidence that the
ordinance has no substantial relationship to the public's health, safety,
or welfare, the ordinance is presumed valid. Since the Stoeckers have not
complied with the zoning ordinance and there is no evidence to show that
the ordinance is invalid, the city should be granted its request. Iherefore
the case is reversed.
Cal.Nolke • Qaaai'Legiilatlvc Action
Horn V. County of Ventura 144 Cal. Rptr. 818
Horn attempted to have the county's decision, which permitted the
division of a lot adjacent to his land, set aside. He argued that the
county, buy not holding a public hearing and giving notice to affected
landowners, has denied them due process of the law. He claimed that the
division of the neighboring lot damaged the environment and his lot andlillhmgUtoBiMCd hg inncalcd,—
/0^
o o
o o
o o
Aulust 1978 - Paie 7|
DECISION: Since the action taken by the county was quasi-legislative
rather than quasi-judicial, notice to the adjacent landowners was notl
required. The county was implementing the zoning ordinance which con'
stitutes a quasi-legislative act. Even though the landowners had a right tol
be heard on the environmental impaa report before the supervisors, they|
were not entitled to notice. Therefore, the dismissal of the claim wi
proper.
Filing For Proceeding Is Crucial
Appeal of Gilbert 383 Atlantic 2d 356
Zoning Officer of Hanover Township approved Hanover Assodati
building permit application on April 13, 1973. On May 8, 1973 iwi
actions were filed in the Common Pleas Court by residents of thi
Township seeking to revoke the building permit. A request for a hearini
before the Zoning Board was not filed until August 29, 1973. Regula<
tions for appealing zoning decisions are: "No person shall be allowed u
file any proceeding with the board later than thirty days after any ap
plication for development, preliminary or final, has been approved by
appropriate municipal officer, agency or body is such proceeding it
designed to secure reversal or to limit the approval in any manner..."
The Common Pleas Court ruled against the appellant and appeal w<
made to the Commonwealth Court of Petuuylvania.
DECISION: Affirmed. The court said that the actions filed on May 8,
1973 establish the fact that appellant knew of the issuance of the buUdini
permit, and therefore, the zoning board need not hear the appeal shu
the appellant tailed co file within 30 days of May 8.
O.CCourt Won't Review "Rulcmaklag" DedsioM
Schneider v. District of Columbia Zoning Commission
383 Atlantic 2d 324
Property owners petitioned for review of an order of the defendanj
(D.C. Zoning Commission) which rezoned 30 lots. Plaintiff claimed thaj
the Commission erred in conducting its administrative proceedings
"rulemaking" proceedings as distinguished from "contested-case" prol
ceedings. The importance of the distinction Is that the court it withouj
jurisdiction to review a rulemaking decision made by a zoning commisj
sion.
DECISION: The District of Columbia Court of Appeab dismissed thi
petition on the basis that the decision was a rulemaking decision. It
applying Chey Chase Citizeiu Association v. District of Columbia COun
ol, 327 A. 2d 314, the court said that an administrative proceeding is nr
subject to "contested<asc" procedural requirements if it it acting in
legislative capacity, making policy decisions directed towards the gc
public. Since this was not a case involving specific rights of sped He__
ties, but was one involving the broad-bas^ usue of the-appropriaii
■future of an area of the District of Columbia, the Zoning Commissiol
according to the court, was acting in a legislative capacity, therebj
precluding judicial scrutiny.
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?NOTKA'
TOIAl. «le/./fcfc AfUk J7
tCTTAi. >40 LOT^ •
MINIMUM LOT ABPK.#k t# U>W* *l» WtTL#»^4t»i- 3 Ai-
AtL OtMbNMCiNA ANt» AVCAA Afft AtJiq ■&&
MtMMuM MEONT LOT WttfTU AT 44TSA^K - TOOT
rO¥OU I**PO*MATi4>4 BT /.a 44?ULTA.« 1-lA aa
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FRA/\/K ROUT SON
DELANO , MINNESOTA
DATE ' JUNE 21,1978
GORDON R COFFIN
SURVEYOR a PLANNER
LONG LAKE, MINNESOTA
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