Loading...
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 #416 - Dredging (Application withdrawn) 15.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 r . I I i I ^ > TIfl/OJ fi^€f$T29\JlISL VILLAC I)OEONO WII.LIAII T WLLf VKt*^ f 1 im 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. aaa,;.-. rr, N. 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. r 5' <MIN 4*^ Pitimt* V- ^ 'v ^ i r-;. . , . t>» ‘ . r . , ;• i' I . ■ U'-i. liH *■’ ’ ’ n * rifif. 'y*,. CM* . .............. ■» ^ if 1* 1 'f I ElEllt ^ 4 )9TB Q| (SO 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. ^ - i »■ I r:* s ;y SUBJECT: 9 «-“•“• "• “““ ,. «.»»• >"“- "•"“ July y> .1’’® #410 ^^•''^^“oM/AOlO B«y«® *°‘‘® vopo»/roi»*<®* #410 "r SKI?- “ ^/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?.“- ..'iikisil ! V. k t* 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. 'Jr ' W'"' ••i- V4>r > .1 I * k > * i. % a ^i. ■». X V •fOO' »l.r4<i (.‘ntcif mit •f S44..«'IIT->1 If.t i! f V. k.i fc 4 > y « » ii '1 / i V .V i a Mi- ISO- — ! AftW m«4)^ \ \ 8 •• «A |l J. I I P' »r:r5< I' I- ^fi f EA«f Itfw Nf % •4 ^.b-117-l) 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 ✓ in RoK 606Qerdea R. Coffin Rof^ Me. 6064 Alria R. Bohder Reg. Me.13295 Land Sunreyers and Bngineara Long Labo, Minnaaota /M 4 D iumjmjJBom 4 =10 % ^ a rrrl i atrn •• • r »• r^ 4I*— xirrt > ^ 'V 6J!‘^** v^*t* law -----\ i 1ft 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 ’ 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 i j J 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), \ 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. I.’ M ,IT . e ■ i t iiiniB ft' '('t -r*.. L IRix:' P’v' • ^ Cfc ♦ idth'*-'- hfr’-# -.f >' V* tj , vi *>,' t »• •»'v| l)« <.#»v ? I ’:■' *i K ' » :_: Lu m)1 ^ i • f 1 / 4 . ( k k !»•< RESOLUTION NO. ■» A RESOLUTION APPROVING THE PLAT OF WILLOW RUN wm* r>al 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: • <>-Wk 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. ;-W V- 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. i' t » w ir 'r • »: \t ATTEST: c. i u., William B. Van Nest, Mayor '^*♦1 f •* * * - V. • M } i V - ♦ UT -a ^ • '* , V r • ’d I Ikli? i ii. iM*- 11 < • i ^ t a» t Walter R, Benson, Clerk/Adailnistrator X, »*V' 6- ♦ ^ »^v> t ' m...T----- 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) F I L- 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) ra Mi 1 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 ;r \ ifcn itftnn irtin i iii MrA F ♦ 1 ' f % . 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 •J •1 *.* «4 , c c I/) N oro ‘ *r' i ♦#385 4a§Jiff 12si¥^COUNTY- 1JT77T i.PDudl^ ^^^11 W'^H.Jounscn ifjh Ser^^uiJ^ JtiC0^€ JJ.39Jk jl Gunderson eh! SV0 Jk. ( iV i if 1 ’?^ /W } y f A Ha Ji M AtPsfttd r/f/ > m»mm ^ |« • • • f • • • — • « ^ 1/ ^ ^ 2k4 ^ •Iuj? * s: *• / lU *• •••••••It— i;^3:i t 1: ' %:?. rvir ’V"i;Ss"v**![i*r* v**i'*1r<r/*i;§y*i"iif?v rv--!r-:-"i^§5*';**:rv'- K $ Cic^o} A d90Pff a #f u_____-----------------0 a>0» 94 i» 1JTMB « 1% l« 99 • __________________ % \ 1 ^ x2£9jf O H th^ ther •ATJic i mmpM H (icrc) Cutf // Cart ton eAtf 149 J* opaa Hara^J ,40 Jt C, I Cmith eta/iff f ttaeoT^o Car* A •fv \i/0/c'z- 44> 9 1 --------■>»< y-----------1--------- 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 ^‘4 ‘ r ^ re., - ffitp t »■ *'■•£1'II'' .1 , "ir«* •■ L/n i t»* 3,4'-t 5 i % f A 'U. . f ■ rt . p- . •. fr-r # I U%’: :a *Wm ■ 5t»fi thr ■ .. < - ■ :.f !»».•» ■ * .■ » .1 ■.*aT- -C' igrlj '.s^' -i. ‘ fit m » .3 * >r r 8 i • r i ^ f V / r ^ r ^ ■I [ i i j ....,-•. •< 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 .. •• •* ^i^nat * * t • "h»‘ 5 J7i « ^ 2f ^ \-;iVr *^‘-1 til 4 rtrt CYOIARa 9ti9 14 AUD. SUB(>. »N0. 344 4i> P,a.L.S.<l Mo. * 3IOe. ms: I I • MCtmV W, rilAHIIMli ••••«▼ riiAMA m, PkAMTf jn. yOMM W.MOOTV MCI.VIM n. MMTV •u^sikk M.Mwtirrf CUMTOM A.^CMMOSOBM BOWAIID rfiCAkWAMAM^i^B. MOBBIIT k.MBkkAltO <IAMBB B. BIMOMBOM niCMAfIB M.rklMT MICMABL m, BUkklVAM cuirriB m. roMLUND mCMAIIB A.MWMAH • MUCK •.••UBBIMB C.BVBVCM WlkBOII JOMM B.CfieUCM DAVID T.DBMNSTT BDWIM C.CADDBDTD* klMDkCV D. DDAMDOM •IDMM •», TDtBk ^qq4GRAY, PLANT. MOOTV, MOOTV A BEN d ItT LAW OFFICES DOBk P. •«MVk*»LAWwrriws.* I jcrrDBT D.DDOOA* OANIBL •. DMULilAD 300 POAHO« .U.LO.HO TiV-Vi 2! 5."ro«"‘“ MIHNCAPOLIS.HINMMOTA 5B40# lAlDl DDD-DBOa DTBPMBN J.DDYDBP TBLKPHONB ISIll «• •»» j«rrP«Y J. ««▼«• WIkkIAM k.AlkUOW aOMM P. «IAMBD 4 * BLIIADBTN W. MOPVOM MA « 4rWV " •fOMN O. MCDMAWt -A W.TOOD DPIAM k. DCYDKM August 10, 1978 « -Sow- ‘ I ^ PAMKkA M.MCDAkB tmomab dadlino • DMKkOOM T, rkCC* 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 L * . A* «U^.. I 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 [ 1 t - I. J. • .*••••«»«taco 1 f { • 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 i BiS . d. . >. I. iiaL . ■ B*«i' r^WA^US^ -.' -T^*'a«fh ^Aj*! li =g ^ J 1 » • • • ■ ■ -« • • •« •• ••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 i. / / »’ tM,'. »*c»4 . •t CO.* •nnaiiif Pt»» — I ' •; 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 j Tl V*’’ ,’■- • I ’, ;/^/• \-:/v---Ti.; ^• "V.. •• *■ ..• •• .•* •• • •• •• •, • • ••.•v • • j', • ^ ’} #394 % •• • • • J*C% •• 'V •’i.'iv • ■^fe. •••■.*'*.'■ *' ''■ ■’^ • •■ V V:.-2673 Pheasant Road Excelsior. Minnesota 55331 August 1, 1976 • • • . •• -V 'I *:•• .. • •• VS* * •a e.••• »•. • •.V . *•* V* .* • ’ •• • . ' ' •'*•1: \ * , • . • • • I*" •. . 7.. A • t ••• 1 Planning Conalsslon dtj of Orono Orono, Minnesota 55323 ; •• •;.»». ladles A Gentleaen: e • • f •• m \ 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 . i it: • I ' w ^ • *. i • • • ‘ • • Very truly yours. # •• .• > t «•e •' fa • , I-: */. • ^ *... : •• • • • . • V; ^ » K • a* I* # •. I. • • l/eg D. C. Messer '^►1 ^ ; « • r " /V,.* a • 4 a* * •• .•a* ^ f. . • • • • t • • • • . Si . • ‘ 'V • * ./•" tT /' i . ‘ • .. • . V-r- ■. • ’ • . ^ I . . . • • • • • ;# •' ; * * }•* • . • . e I : V • • # , V* ;| •• •. . .• .1 : : a . VI X W • t . h - mitt.riiisa.nwittU ii » , ' % « • «i i • Edf.-T V i t. . •• 'T X'\ MU.t.AII*04Vlt CO., NIN*.|4^0W»^..i n..f7/^ ■ m- - 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 ^ • rr m ^ m ««P4 • •* *v *. ) «. - I i t V i ''' I !. .^%i- •• *4**. . «*4' r»»kr. i ■ ! t 1 Li t . * • co.« ninni ^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 w-st • r . . * • • I • ‘JtS* * V* # -a I ‘f ' V• #* Wi B ft - ^ ‘ • V riMi'iimjj ^rrrrtmfiLi %ryr.Ttu\ M*J r«Ttiti* ^•»Iil!. TTinTiinjizL 7^TT*» it V r “ W- - / . OTIfliL* ^iW»J "-r-tl-r 'WM ’7nv9i:*A ^tlm fWt(f •jrmiT rrtitmfi'j rrmtWfju ^tWtrWLLi Tll’WLJj ^>,,Ttmri TlOljtKL 'TtTTtW'fJ Tfjz*m'ZdM:i2 :> 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 * ‘ * . ^ I: ; ^ Si,7r"r?f P heasant Lawn f I ^ r Bd I i Pf \ \ i £ AKf U.HHcrox'^^ ‘ ■ • -T lor UiviQ ji. wriwon in Lot 14, WiCHSant Lawn llowispln County, Minnesota driotVifOY eoitmtnr 5coi<: LoVe ■ i. a ^ 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. £>m4i V T Tl % > . i ZtA t f mn/r • \ ct>*'vrK-> r I '1ig I -m (* • TO: 5.> A 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 % r_A) 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 ($65) V/TW^A Zoning Ordinance Section Relating to Request •Sf^^SS’.Z ^P^ctfy Ordinance Requirements P;?fvrr pT~-dtZ./ Esq>lain your request and reasons for same VARIANCE required - extent of nonconformity - -Setback Frontside j/ Rear ------- ------- Other, explain ^/ * 7^ Speci^^ hardships to property SUBDWISION application Residential Other, e3q>lain No. of Lots >1T10HAL USE AND OTHER -explain proposed use of property in detail BBCESSMOr POR COMPIETE APPLICATIOH (Mist b. Bitelttsd 10 day. prior to Planning Ooiii.ls,lon ^ting) «^t ‘^ttlflad Property Oenarl. Hat of Owtificate of survey of property J/ttm rffw- fioai AetOh location and «ttaS»^proposal voacK. or *r*®^ Goverraamt Center construction plans, if appUcabl. . ' on the above lis* ^ - kn DATE /<^ y/ DATE V ^ Applicant's Signature (Xmer's Signature Imrrit^y HQreea ¥r% ARLEIGH C SMrmJi ^ "I ^ fbofiuMiHl EagiMV aaJ laai iun^fg * -mm W i7i»iPLAT or fUKVir » a 47i-^*a^ OP Pionny H^L»cr ^477 P^. s’sx% 1 ) M loUwraJ±a±_i2X___<WfW TLax 77lf, _ ^Jtrn Safa: 1 tnik li A.,-f- '• •. ■.• * . i?/L tP /s> s/L /r ^ 1 /' // / ir y y •. ■\■:•^. .• 1 • ■-•• •.'V /•* ' ' t • •• » # t •. • • ••' • . X UJLCl r T • i . A i—i- 1 1 \ ••• ♦ 1• \• 1 1 • # i -U • • • 1 •1 \ i 1■1 ! i i. NCff4 > ‘/Cl ^rlHBi DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS. MN 55487 PoH ■■ r #417 PROPERTY OWNERS LIST 10617011 ' rbROMo 3S> •DESCRIPTION _ NAME ADDRESS LOT BLK.PARCEL 4^ OtJ*»€$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 %« JhAP^Li 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 *<r»*ir I' - » —<MI| M* • • ' • • # f?^:r •. A ^Vr . i **«r^ ‘ J *% t* A . ^ t -v5 k t. ' 4 r; #417 IBS 17 UO 0R0M03S_ LOT BLK.PARCEL 1 7 000 J ^lOO 1 ^QoJ i,5 1 A 1 / V 1 /ooo J 2.000 1 3 ^OOO : .., 5.. •, i.' HCiM <•. > 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 * * 1 i K • • • • : I ; a /'t' 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 . i. 1 !I A. '4 ^ > HCiiA 4' ■•-J “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 I I wAvg-/^*r.^^ W*i, S539i o<D. *r<g^ er~ A I I Z7<3C 34 oc P^/?r >43/S~^ i k y. ^ |3i5 Coe/OTV Rd. 0> •Ocwv O, (aOr^eiE. u>/AVg.A-rAj /»w. 5539/ 11 , o / J Coc-<KlTV O 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 T»/tcr A I.C^rtlfv t^e tA '♦ p e f*r» »o U „u i !; t r e 4^' t r * iV i: ; !( . f II f t r •> 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 • • . . . , • r 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 ■-* ij. IT «i 4 ■ - A Jourangetu Addition H' ^dfl* 2 ■*■ , •i’t***' *'' . .^v‘" ’' - - V • •*-♦**» »■' I ?! #414 41 “dT. \ 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. i•i I 1*" * \ 2 rkiktt! r: - '5 ■ ) ir* te Ai \ j' c •i i r lit «• -> MCtt* vUL 28 RTMENT OF FINANCE GOVERNMENT CEI EAPOLIS. NN 300 ytllMaB OB *iX*J^A*PERTV OUNERS 3<f lo&i0 /o^Z. ADDRESS DESCRIPTION PARCEL tjA/PLOne^ y^v/7.7"? PJLAT 4^/.?'/ilOf £ise/iis^ 3. r/Z^S.T' y Zof$-’S//0egL*w /k £itysr^/j0y. ^0, i33te/ ^ii/. xry^J so'iS/^ zi2Q:s >1^. .'?.<Td. y/p7~ ^ / f:>4 Bg£:r: /nfr^ct/rtfpg. •?47<0 34 :j 34^5' 347S: ji30~£BMt*Ag Mie./2/. / 2 ^7^ ^/gy4 /u?>e/: /V/«r R a B ch V ^^srnL M 0 • 7 /?^ *0ia^r^yf.AiuCBfAJ X/ffy-^jrAfirsyjfy SSl f/ y£7?/HilKU I 7<?7'S /(e Z4oO "Zopo L ESIDWI 3o<:>' tA)L 28 1978 pEPARTMENT OF FINANCE 603 GOVERNMENT CE INNEAPOLIS, MN SSI Q/^O^d> 3 PROPERTY OWNERS L hf . *78 ' r * J J 1 * > •* V >0/05^ ^ NAME ADDRESS----- PAAT 42 DESCRIPTION LOT BLK. "Th/ie^cmn Zacs- /4«</U^#t{g ^04/ f- I \zo 4000 I • ^az \3eX/22-t OF st: I I 44-/0 9^f!CzerS. 2^ 2^ ^fi^ToF^ AAk}^ S7r| <7^/0 lufzijSziZv ^ \ datsontlw (•canto ol th» H«S.i. Co. rmaiwo ■ndbrtol. ------Mono. Co m J ’5>^ (p^iyyi k _^ WNCE CE 5S 3 description OF JLAKi jLjOk. 1 LOT j&K. ^ya zjl S7Z j -l^Ado -^^lo —J sygg> ■J M tha Jii>> »UW 'Halt F«ni # V/. 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* V- rro M kJ T ArTtfY Jntaad to aagata la tba aala of lntoxicatiB( Sqiior aad will bara a Ibdaial W MW* M f^e/yrAUi3^y/cuA.t*o y CLU . i. rit2E 1 *> I /V/fwlS X.I r AJ Aqtersf4yrrOc/JdhyAq$/,r^4f ; r \\ i ! 1'! • I; » I m 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 /^ooe>t.r Nano *< eptc~ 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: V r ^ ttf JS S urrr of ukumu I'J) •*^ ‘fl 1^ %• e TO:Walter R. Benson FROM:Alan t. Olson. VllUge Planner PATE:August 25, 1528 SURJECT:,«U subdivision - Tour^““ #418 Conditional Use y #418 V S: X rr^en^tL^rre,-;.*. 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. •fTkt ♦ V - - -'4 ♦■ • ,.„ wwr#’’* ffv ^.' V ■• ‘ /4 ■ •'.fc :••»?'■*■ TV\ .'^nr .M*, #^4., I'- ■^U«a.aa^ ^ 's. »,^u> Ci'»**-’• ■ i > ,,, -v- f-';-'* ,’ at . •- —> t' -' • • r. - " .-J * * J > ■’. ” % r '*%• #-"r'> - . *^ ,. .- .»♦ , 1 W r-^0-.Tl 1»„.U ^ ^l US ’■•■* tv.i ^ eaii J *' • •vHUl”-?«•«•• * iinsv*tU«* ''•^• ;ifl*S1»C P«IS* et«d frt ■ > A , ^ #*;, Mr >W» i «k- * ■" ^1 ’ 1 iilTYotUKU^U 'l l #418 Wii^ W- «1 Cc t. |H MinnetoDk^f jjj^^ 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* I'tL 22- '» 3^- ^ ““tT'JS Sr*2J.S^Srfn ^ t«U41i«. A M» ■«. *l*ctr<«lo 4l*l«*l ^»;SfiS^^sr-Su.d - «- 1AXA-- u ar L m i im imif mtz ‘ - ■ ■■r \ V** ."K 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 - Jff* * f>; - •*‘4.4 i ■or." .40^ asiy Ijf t ' i' r»< wliJa Inforwa# rv», t. «r< Got ' r . .v«Si I ' ♦ i«e -f rile *.» # f miMKi Tsrvt^# Aiga !-------------• ■ - --t- ■. .-'1 i i ■ -1 I » V I fJIl I Ot UKUiXU 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 il &S5gS5 n 1 5; 9 t w • TO; FROH: SUBJECT: All Interested Parties Joe Rossillon - Freshwater Foundation % i 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. I , i .•^31^? 0B oW«*° 0% M [l||l.xx|I o ^ ve Q o o ^ '.3 5 • 3 a a • ■=3|a| ?f !fs;i Pf:S » » e-p 6 C ??8SSgSi S. 8||||2 3Sj» s*S7S8 0<ggE- og 3 fi *' e Qh “21:9?8goo S’ ?3 = ibnSsSSa oSiSg lliili^^?si ** 5 Q 3 -I5.8 I 8.3 ^'Issl^S |2.|. g2"a ?S£ =»-5:e s-y^a#» 5 ?r d. - ^ X o < ^ %w ir* CL«»«g < _ 5' B. 5. 33 & S 55 3 J? BQr» ifirii .S||s« U* 3 O. ^ O 3.6 >1**’? i* SL*«kf6 cL 8.0 E-o §• 5* 5 S’ §;•» ||8^|t"iiIW" ^i’l-P- i?2. .5-6 5:2 q P » sr .^SSR 2 » o 5 gf 3 OB Ou>» i.8 a 3 3* o€» <0 8 s- i^l 5‘T3 O — •n 3 t% OQ O C 3 2. s cr O^ a CL ?| E.g M Q.^B 5||8 u. 3 ’Q.i^a§ >c00c lyt -ai2.fi.8u* ft 8 - < S t”2 o o ^ Ss.? o'* f» O's-a &-•«ft O OL '^ crs- ' .3 * O S2. O§.s"!rs| u*n 3 aiy 3 c S 0.5 pi> a ^ S Ji 3.» o a 8 3 c3 ® 3 6S:»32 o ft *2S' !sio??s o cn wt/»riS 8 ? - 2. 3 S-E or» r» BO ^ aO ft a S' giaSe^o 2.C 3 3 H3S3 5«'?ft » 2 Itlil•- !» 3 is 3 «o3 Soo c c c c o c gai'=-?llSSf|§ isMi|g=kf|| hHUVA iP? r,liil 5" :i*o sS’-gSPI 5-^ = ~2 2s*a«=ioS’5»5g ’ !M! hrnisisis •o -1o =.581.^ s. !§&o. ?g-> 8c. a O' = 2 2S' " ^ S* 2 S' n C.O 5*s a. a* 5 #% a 00 5 5* 3* a Is gg Is oqZ.-^*SI O “Q.V50 &39g'S! ^5 » .»• O ^ • -t « a 8S.#? i a < 5- ^ as •» 3 o e882^2;^ iSa3 7*5 i = '’:3E3 w'C O • M o < 9 S oa 2. ~ S S ni 8 g- S S . ?g 9 8 s :2 Q.» p.g.Q 3§|SS§ =• O- 6 9 .0 n c7! a o B ^ • a &• |i§|3E:- l^ias? j? *: 5^^ 8.*^ 5 5? o I >a OD •VmBO ft -1 1 i'fr fs j i i ( • • 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. -if rstT' 'v 4 n ' . .4^- -. ^.. V . \.,.\V. '••■:'. .o' V ' ' ; - \ ' \\'' "-^'' •■ ■ ^' ' A—i —:r-5>^ \xv\W / t 'iW§^ 'xN^ ' -9^/}■- vw ' <r > .N \ \ ■■ #412 ?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 t'ATuM ; ANO fclhfcC NH.L SA IMUIKCO •< OA OAQNO /V’'. !;:'5.-'^ ■r- rtli I I f :is.“ -/4.44'V^'' •w *y . , ^ _s'zzr /^v \ i^T\v\\ ) \ V\ V—- *^ ^ J • ' its-.tr ■• ‘ ->V • t « X- ;•: r.,V4,. \ t" V.'^v> 7 AIlSAV/ ./: \" M *'/ " !■■ /'■7 .■:^ •7X S ** a- -- '^*T* I MIUtK« AUm'l^t «C raCi.lMIMASV PVAkT Wi. n’^kCt.P coc MK*. OBN U0 U.»l>i O6g PROPOSED SUBDMSION OF routson 's addition jgiMlWiTi /ws wkiMmmtmm AtiSl^lOfi '•jr \ ^ ■ \ . ./c w \ *i«r,'rA I FRA/\/K ROUT SON DELANO , MINNESOTA DATE ' JUNE 21,1978 GORDON R COFFIN SURVEYOR a PLANNER LONG LAKE, MINNESOTA Mi4 > /, /«>• h SCALE • / INCH* 100 FEET LEGAL LOTS 17 a 18 , AUDITOR'S SUBDIVISION NO 230 ry \<\rY AREA ' 87* ACRES CONTOUR MAP SUPPLIED BY OWI^R. . m, ~.***-v^ v.n. - ,1^ ?B-II