HomeMy WebLinkAbout09-11-1978 Planning PacketAGENDA
PLANNING COMMISSION MEETING OF SEPTEMBER II, 1978
COUNCIL CHAMBERS - 7:30 P.M.
CALL TO ORDER
1. Call to Order & Roll
PUBLIC INFORMATION ITEMS
2. 7:30 P.M. #412 Subdivision -Mrs, Roy Hollander
225 Sixth Avenue North
3. 7:40 P.M. #418 Conditional Use Permit - Robert Homick
1960 Shoreline Drive
ACTION ITEMS
4. #414 - A. J. Tourangeau, 1960 Shoreline Drive
PRELIMINARY SUBDIVISION
5. #367 - Jurgen Stielow, 565 Leaf Street
SUBDIVISION (Final)
6. #419 - Michael T. Farrell, 2815 Casco Point Road
VARIANCE
7. #420 - Theodore A. Anderson, 1940 Shadywood Road
VARIANCE
SKETCH PLAN ITEMS
8. #422 - D, W. Jinmerson, 505 Willow Drive South
SUBDIVISION
ANNOUNCEMENT
9. #421 - A. J. Tourangeau, 1960 Shoreline Drive
REZONING--Public Information Meeting is
scheduled for September 25, 1978 at 7:30 P.M.
APPROVAL OF MINUTES
10. Meeting of August 28, 1978
A.MMM/C. €OMMt<ttOAJ JtCCA/Oa
VILLM5E OF OEONO
«nLV.lA«| r WtLS
TO:
DATE:
FROM:
SUBJECT:
File
September 5, 1978
Michael P. Gaffron, Septic System Inspector
Septic System Soil Test5.ng
Hollander Subdivision (#412)
On Thursday, August 31, 1978, I met with Jim Anderson of the
Hennepin Soil and Water Conservation District to review the soils
report for the Hollander Subdivision. We made additional soil
borings on a number of lots and generally our observations were
consistent with the data presented, except in two cases.
*•
Lots approved for standard systems: Block 1, Lots 2, 3, and
4; Block 2, Lots 2, 3, and 4. A3' vertical separation from
the watertable must be adhered to, requiring trenches which
are more shallow than normal for certain of these lots.
Lot 1, Block 2 will require a mound system as per proposal.
Our boring on the proposed septic system site for Lot 1, Block 1
indicated a seasonal water table at 1' to 2' deep. A mound system
will be necessary for the proposed site rather than the standard
system proposed.
If
Mrs. Roy Hollander
255 Sixth Avenue North
Subdivision
Page 2
# ‘
PIANNING COMMISSION MEETING - JULY 24, 1978 (CONT.)
Itie current proposal is to do the division in two phases:
Phase I: The west parcel to be divided into eight lots
plus a remaining outlet.
Phase II:The east parcel plus the Phase I outlet to be
divided Into the remaining seven lots to complete
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. Comments 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.
PIANNING COMMISSION MEETING - AUGUST 28, 1978
Work Session - Mrs. Hollander present. She is proposing to do the
final plat in two phases. She expects to develop it with a private
road and a temporary cul-de-sac. Planning Commission noted that they
would require platting the road as an out lot through the entire plat
at the first stage. Other staff review is pending.
^ jT W •
MINNEHAHA CREEK
WATERSHED DISTRICT
P.O. B ok 387, Wayzata, Minnesota 55391
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August 28f
Mr. Alan P. Olson, Planner
City of Orono
Box 66
Crystal Bay, MN 55323
Ret #412 Subdivision - R. Hollander
Yoxir letter of August 24, 1978
Dear Mr. Olson:
He have reviewed the above-referenced stibdivislon. The proposal
appears to be amendable to all applicable rules and regulations
of the Minnehaha Creek Watershed District.
Final design of grading and drainage is subject to Minnehaha
Creek Watershed District review.
Thank you for your cooperation.
Sincerely,
E.A. HICKOK AND ASSOCIATES
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September 5, 1978
Mr. A1 Olson, City Planner
City of Orono
Box 66
Crystal Bay, Mn. S5323
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#412
Re: Hollander Subdivision - #412
Our File No. 139-412, Plats
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Dear Al,
We have reviewed the proposed subdivision for Mrs. Roy Hollander prepared by
McComba-Knutson dated July 10, 1978. The proposed plat as submitted appears
reasonable and is recommended for preliminary approval.
The following items will have to be resolved prior to final approval of the
plat:
1. ) Dedication of conservation and flowage easements over the wetlands
within the plat. The aerial photos indicate a pond on lots 3 and 4,
block 1, and other low marshy areas within the plat.
2. ) Submittal, and approval, of design street grades, street cross-section,
drainage plan and erosion control plan.
3. ) Clarification of rights of access across existing private roadway along
west edge of plat and approval of access onto Co. Rd. 6 by Hennepin Co.
Sight distance along Co. Rd. 6 appears adequate to us.
4. ) Appropriate mechanism for construction and maintenance of private road
way, with underlying access easement to City of Orono.
We understand that the subdivision may be divided into two phases. If so, ve
recooDiend that the parcel which will include the roadway be provided all the way
through the plat to ensure continuity.
The site soils evaluation report indicates that acceptable soil absorption systems
can be provided for lots 1 through 4, block 1 and lots 1 through 4, block 2. A
recooniendation for preliminary approval of the remainder of the proposed plat la
predicated on submittal of evidence of satisfactory sites for soil absorption
systems. Birease note water table level at about 5 feet for several of the lots.
The dry ^Kiild^ble ar^ for lot 3, block 1 is listed at 1.6 acres net.
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September 5, 1978
Mr. A1 Olson
City Planner
City of Orono
Box 66
Crystal Bay, Mn. 55323
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Re: Texaco Station, Co. Rd. 15 and Central Ave.
#414, 418, 421
Our Pile No. 139-414, Plats
Dear Al,
We have reviewed the proposed lot line rearrangement for the Arthur Tournangeau
at Co. Kd. IS and Central Avenue.
We concur ^-ith Hennepin County's recommendations as follows:
1. ) Dedication of additional 7' of right-of-way for Co. Rd. 15.
2. ) Elimination of access along Co. Rd. 15 except at northerly
edge of property.
In addition, we recommend that access b.e controlled along Central Avenue with
curb or other appropriate devices and that a controlled access be located as
far westerly as possible, away from Co. Rd. 15.
We recommend that no other use, except motor fuel station, be allowed that
would have the effect of increasing traffic movements in the area. A site plan
indicating traffic control areas, landscaping and drainage should be provided
for review and approval. On-site soil absorption systems should also be
checked for compliance with City code.
Yoors^ry
BO^T^, R^ra_A)lDERI.lK & ASSOCIATES, INC.#414
/jCO:li /#418
#421
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TO:Walter R. Benson
1 FROM:Alan P. Olson, Village Planner
DATE:August 25, 1978
SimjECT:#414 Subdivision - Tourangeau
#418 Conditional Use Permit - Homick
The attached letter was received today from Mr. Hornick explaining
his intentions with the convenience store request.
Assuming approval of the subdivision request, Reutiman intends to
purchase the station from Tourangeau and then lease the property
to Homick for operation.
I recommend very careful review of the proposal as it affects
traffic safety, entry-exit, pedestrian usage, traffic counts,
parking and hours of operation. We have a very bad traffic and
parking problem in the area now with Paul's Landing, especially
on weekends and rush hours. I am certain that no one wants to
see the situation deteriorate further. If this usage Is permitted,
some form of traffic control device may be necessary. Hennepin
County has been asked to re-review this request in light of the
new proposal.
PLANNING COMMISSION MEETING - AUGUST 28, 1978 (Work Session)
Mr. Reutiman and Mr. Homick were present. Also present was
Mr. George Rovegno of 2010 Shoreline Drive. Planning Commission
was very concerned with convenience food and beer proposal seeing
potential for an intolerable traffic and pedestrian safety situation.
Mr. Homick stressed the appearance of his operation and noted that
hours would probably be 6:30 A.M. to 10:00 P.M., seven days per week,
that traffic would be about three times the current level, and that he
would have "Stewart" style hot sandwiches. There are four existing
fuel storage tanks totalling 15,000 gallons (3 (? 3,000 and 1 (3 6,000)
and Homick proposes adding two new 6,000 gallon tanks to increase
capacity by 807. to 27,000 gallons. He normally has only one employee
on duty at any given time.
Mr. Rovegno asked questions concemiiig traffic, hours and Hornick's
experience (stated as 19 years in oil business) saying that he doesn't
like the gas station particularly, but that he can tolerate the existing
traffic level. There is a low volume of traffic now with most vehicles
on the property for repair rather than in and out service.
; i
#414 Subdivision - Tourangeau •
#418 Conditional Use Permit - Homick
Page 2
#418
Mr. Rovegno did strenuously object to this proposal saying that
the convenience foods would attract too much traffic, that too
many accidents happen In front of the station now, that too mdny
people already use his private dock to buy pop at the station or
use the restrooms and that he was very concerned for his child's
safety because of increased traffic on Central Avenue.
The Planning Commission was concerned that at the Public Meeting
held on August 14, 1978 for the subdivision, Reutiman had said
that the int^-ition was only to clarify ownership and that the
station woul'vl continue to operate as it always had. This application
then is made with what constitutes a major change in the use.
Reutiman asked about whether or not he couldn't withdraw the
subdivision, buy all the property and then affect this same operating
change. He was told "no * the service station is a conditional use
that is always subject to review by the City upon change in use and
that the lot size is substandard making the station also a non-conforming
use subject to review and approval by the Council."
Staff noted that Hennepin County and the City engineer are reviewing
the. traffic sitiiation in regards to this proposal.
Planning Commission requested more detailed traffic studies by the
applicant, the staff and reports from Hennepin County. They also
requested the applicant to provide a more complete site plan by having
his surveyor locate the gas island, parking, sign and traveled sections
of County Road 15 and Central Avenue.
Planning Comnlssion noted that the entire property was to have been
zoned LR-IA in 1974 except for a last minute promise by Tourangeau
that the station would continue in its present use.
Planning Coninlssion, after consideration of the new proposal, voted
to reconsider their previous action on the subdivision request (#414).
Thereafter, Planning Commission voted to table item 414 pending
complete and conciirrent review of this application.
V
Planning Commission requested that the neighbors be notified of a Public
Information Meeting on this request, said meeting to be held on
September 11, 1978.
#414 Subdivision - Tourangeau
#418 Conditional Use Permit - Homick
Page 3
Variances required:
Lot 1, if all zoned RR-IB:
34.842 Lot area required:
prcpAised:
variance:
Lot width renuired:
proposed:
variance:
Front setback required:
existing:
variance:
Side t etback required:
proposed:
variance:
#4
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8"
87.120 s.f.
16.000 s.f.
71.120 s.f.
200 ft.
104 ft.
62%
96 ft. - 48%
50.0 ft.
40.7 ft.
9.3 ft. - 19%
30.0 ft.
15.3 ft.
14.7 ft. - 49%
Lot 2, if all zoned B-1:
35.040 Lot area required:
proposed:
variance:
Lot width required:
proposed:
variance:
Lot 2, if all zoned B-1 (Cont.):
20,000 s.f.
10.875 s.f.
9,125 s.f.46%
100.00 ft.
139.85 ft.
None
Rear setback required: 35.0 ft.
proposed: 5.4 ft.
variance: 29.6 ft. • 85%
Required vs Existing Landscaping:
Front yard 20 ft. required -
North side 15 ft. required -
Street side 10 ft. required-
Rear yard 30 ft. required -
0 ft. existing.
2-5 ft. existing with screening
0 ft. existing.
5.4 ft. proposed.
I.
• I
#414 Subdivision - Tourangeau
#418 Conditional Use Permit - Homick
Page 4
#418
STAFF NOTE - AUGUST 30, 1978
Art Tourangeau and Robert Reutiman were In my office today and they
completed an application for rezoning of the station to LR-IA,
Reutiman was to supply a letter requesting amendment to the conditional
use application #418 to continue operating the station in its present
form.
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A.j. Tourangeau
1960 Central Avenue
Subdivision
Page 5
^414
PLANNING COMMISSION MEETING - AUGUST 14, 1978 (Continued)
3.Concurrence with the Hennepin County requirements to close
access to County Road 15 except for one connnercial driveway
approximately 120 ft. north of Central Avenue.
4.Applicant to provide a landscaping plan and schedule of
completion for review with the conditional use permit
prior to final plat approval.
5.Combination for tax purposes of the remaining Tourangeau
residential lots (7-14 & 20).
6.Closing of the rear station window per State Building Code
requirements.
7.Approval of all variances necessary to accomplish the above
finding hardships of no additional land available and existing
structure locations.
PLANNING COMMISSION MEETING - AUGUST 28, 1978
Planning Commission reviewed at work session Item 418, a conditional
use permit application for the station property, which included
expansion of the existing use. Due to this new Information, the
Planning Commission voted to reconsider their action of August 14, 1978
and then voted to table the subdivision application (#414) pending
complete and concurrent review of the conditional use application (#418).
COUNCIL MEETING - AUGUST 29, 1978
After brief introduction. Council was advised of #418 Conditional Use
application and of the Planning Commission action on August 28, 1978
reconsidering and tabling this subdivision application #414. Persr'ns
present for discussion included Art Tourangeau, Robert Reutiman and
his attorney, Robert Homick and George Rovegno (2010 Shoreline Drive).
Tourangeau told Council that his intention was to sell the house
(and station) and that he wanted the subdivision to proceed with all
due speed. He wished the station use to be a separate issue. Reutiman
was asked and did promise to revise the survey to show the traveled
portions of Central Avenue and County Road 15, the existing sign location
and the pump island location. Homick was concerned that he be able to
assume operation on schedule and did offer to retain the auto repair
service if this was necessary to satisfy the City. He would still want
to sell the groceries.
I
A.J. Tourangeau
1960 Central Avenue
Subdivision
Page 6 #414
was ve^ concerned with traffic problems and pedestrian
zo«d £r S ?n •^''at this area was to have been
Station MoniH except for Tourangeau's promise that the
station would be operated in its same manner indefinitely Th*»v
cojltn^M and‘e“L'^ge'’norwarranterby%he^
Tourangeau was asked if he would consider having the staMnn
rezoned to LR-IA with a conditional use permit to operate the
Presently operated. TourangeL said "yes" he would
« the subdivision could^proceed Council indicated that this would resolve their coLe™;
endtptlon to buy
Jo ‘n'Sit\^"n"nsrpe‘^:.rr8!"*
STAFF NOTE - AUGUST 30, 1978
Art Tourangeau and Robert Reutiman were in mw .. j
us^appllcatlon #418 to continue l^er.tlSf ?lTfS?l'on “’ta'’u:“res»r'
TO:Planning Comnlssion and Council
FROM:Alan P. Olson, Village Planner
#367
DATE:September 5, 1978
SUBJECT: #367 Subdivision
Jurgen Stielow, 565 Leaf Street
I recomnend final approval of this subdivision according to
the attached resolution draft. All required items are completed.
Note that the division consists of twelve (12) lots, one less
than the preliminary. The final Lot 1 includes both lots 1 & 2
as shown on the preliminary because only one approved septic
location was verified for these lots. If further testing proves
a second dralnfield site, an application for division of Lot 1
could be made at a future date.
% V- •
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BUAbi
RESOLUTION NO.
A RESOLUTION APPROVING THE PLAT OF
STIELOWS 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 Jurgen Stielow, Lynn Charlson, Clyde Scribner
and the New Thought Center, Inc., the subdivider; and •I
WHEREAS, the subdivider has completed all requirements of
the platting regulations of the City, including:
-Dedication on the plat of rights of way for public streets
and roads shown as County Road No. 84.
-Creation of a new private road shown on the plat as
Outlet B to be known henceforth as Oxford Road. Concurrent
with the creation of this private road, the Subdivider
has dedicated to the City a Road and Utilities Easement
(Exhibit A) granting to the City permanent access,
improvement and utility easements over said’ Outlet; the
Subdivider has created non-exclusive ingzess, egress,
drainage and utility easements (Exhibit b; over said
Outlet in favor of all abutting and/or benefiting lots;
and the Subdivider has created certain maintenance
covenants (also Exhibit B) wherein each of the abutting
and/or benefiting lot owners covenants and agrees to
permanently maintain and pay the cost of maintenance for
said private road.
-Dedication to the City of a Flowage and Conservation
Easement (Exhibit C) providing for limitations on the use
of wetlands and/or drainageways described therein.
-Execution of a Subdivider's Agreement (Exhibit D) providing
for installation of certain improvements as a condition
of subdivision approval.
-Payment to the City of a Park Dedication Fee in the amount
of $4,336.00.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Orono hereby approves the plat of Stielows 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 13, 1979, together
with a certified original copy of this Resolution, and
executed copies of Exhibits B, C, and D as noted above.
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 subdivision review.
Dated this day of
William B. Van Nest, Mayor
ATTEST;
Walter R. Benson, Clerk/Administrator
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
C'^ /O
: the City Council
of Stielows Addition,
.lowing conditions:
.th the Hennepin County
\ 13, 1979, together
lis Resolution, and
id D as noted above.
expire if the plat
». In that event,
» with the City of
THIS DECLARATION, made this day of
Van Nest, Mayor
1978, by Lynn L. Charlson, Beryl W. Chari son and Clyde Scnvner, (hereinafter
called "Present Owners");
WITNESSETH:
WHEREAS, the Present Owners of the real property described in
Article I of this Declaration desire to provide for the comnon improvement,
use and maintenance of such real property for their mutual benefit and for
the benefit of subsequent Owners of such property.
NOW, THEREFORE, the Present Owners hereby declare that the
real property described in Article I of this Declaration snail be held, trans
ferred, sold, conveyed, and occupied, subject to the easements, covenants,
restrictions and charges hereinafter set forth.
ARTICLE I.
DEFINITIONS
1) The term "Property" shall mean Lots 1 through 8, inclusive.
Outlet B, Stielow's Addition, according to the plat thereof on file and of
record in the office of the Register of Deeds for the County of Hennepin,State
of Minnesota.
2) The term "Owners" shall mean the holder of the fee simple
absolute, contract vendee, life tenant, or any combination thereof, of each of
Lots 1 through 8, inclusive, contained in the Property.
3) The term "Lot" shall mean one of Lots 1 through 8, inclusive,
contained in the Property.
4) The term "Common Improvements" shall mean a roadway as more
particularly described in Article III.
CONDITIONS
day of
fiSUt
#3.67
/t^
nd Clyde Scrivner, (hereinafter
ARTICLE II.
PROPERTY SUBJECT TO DECLARATION;
COMMON IMPROVEMENTS
1) The Property shall be held, transferred, sold, conveyed and
occupied subject to this Declaration.
the real property described in
e for the coninon improvement,
their mutual benefit and for
Tty.
lers hereby declare that the
leclaration shall be held, trans-
to the easements, covenants.
lean Lots 1 through 8, inclusive,
! plat thereof on file and of
for the County of Hennepin,State
in the holder of the fee simple
' combination thereof, of each of
Property.
me of Lots 1 through 8, inclusive.
Its" shall mean a roadway as more
ARTICLE III.
EASEMENTS
1) Non-exclusive and appurtenant easements are hereby granted
and established in favor of each Lot and the Owners thereof, as follows:
l^^a) Ingress and Egress. An easement for roadway purposes
upon that part of the Property described as Outlet B,
Stielow's Addition and which easement is outlined in
red cross-hatching on Exhibit A, attached hereto and
made a part hereof.
\^) Utilities and Drainage. Utilities and drainage easements
as are shown upon the plat of Stielow's Addition, a
copy of which plat is attached hereto as Exhibit A.
2) The Common Improvements shall be used strictly in accordance
with the easements granted therefor. Except as herein provided, no Owner shall
obstruct or interfere whatever with the rights and privileges of other Owners
in the Common Improvements and nothing shall be planted, altered, constructed
upon or removed by an Owner from the Common Improvements. If an Owner shall
violate this section, the remaining Owners shall have the right to restore the
Common Improvements to their prior condition and assess the cost of such restoration
against the Owner who violates this section and such assessment shall become
due and payable upon the demand of any of said remaining Owners. All of the
remaining Owners, or any of them, shall have the right and power to collect the
cost of such restorations in a legal proceeding for that purpose. If an Owner
interferes with the rights and privileges of another Owner in the use of the
Common Improvements, except as herein provided, the remaining Owners, or any of
them, may commence an action to enjoin such interference and the prevailing party
nsferred, sold, conveyed and
'asements are hereby granted
•s thereof, as follows:
lement for roadway purposes
Tty described as Outlet B,
:h easement is outlined in
lit A, attached hereto and
:i1ities and drainage easements
of Stielow's Addition, a
:hed hereto as Exhibit A.
>e used strictly in accordance
irein provided, no Owner shall
1 privileges of other Owners
[anted, altered, constructed
/ements. If an Owner shall
lave the right to restore the
issess the cost of such restoration
jch assessment shall become
naining Owners. All of the
right and power to collect the
or that purpose. If an Owner
her (Vfner in the use of the
he reneining Owners, or any of
ference and the prevailing party
- i
shall be entitled to recover such reasonable attorney's fees as the court may
allow, together with all necessary costs and disbursements incurred in connection
therewith.
3) Any Owner may delegate his right of enjoyment to the Common
Improvements and facilities to his tenants who reside on a Lot and to the members
of his family and his guests.
ARTICLE IV.
COVENANTS RELATING TO THE COMMON IMPROVEMENTS
' 1) Each Owner of each Lot covenants and agrees to pay one-eighth
(1/8) of the costs for the maintenance and repair of the Common Improvements in
such amounts as are incurred for such purposes upon the approval of the Owners
as specified in Paragraphs 2 and 3 of this Article IV. Each Owner's share of
such costs shall be due and payable on the date such costs for construction,
maintenance or repair are due and payable to the person or entity rendering an
account therefor. Each Owner's share of such costs shall bear interest at a
rate of eight (8) percent per annum from such due date to the date of payment.
Any Owner may bring an action, on behalf of the non-defaulting Owners, to collect
a defaulting Owner's share of such costs which are not paid when due, and shall
be entitled to recover such reasonable attorney's fees as the court may allow,
together with all necessary costs and disbursements incurred in connection therewith
2) The plans, specifications and the awarding of contracts for the
Common Improvements or for any alterations in the Common Improvements after con
struction thereof shall be approved in writing by the Owners of six (6) of the
eight (8) Lots.
3) The costs incurred for maintenance and repair of the Common
Improvements shall be approved in writing by the Owners of six (6) of the eight
(8) Lots.
4) No Owner may exempt himself from the liability for assessments
by waiver of the use or enjoyment of any of the Common Improvements or by the
abandonment of his Lot.
ARTICLE V,
ADDITIONAL COVENANTS
V «ty
1) Use. No Lot shall be used for other than single-family
residential purposes. There shall not exist on any Lot at any time more than
one such residence. No trailer, tent, shack, barn, temporary building, out
buildings, or guest houses shall hereafter be erected on any of the Lots without
approval in writing from all of the Owners. A garage is not required to be
attached to the residence, but shall be constructed as 'i" integral part of the
residence it is intended to serve. No building or >^ure shall be intended
for or adapted to any business purpose, lodging or rooming house, hospital,
sanatorium or professional office; provided, however, that the residential
dwellings may be leased.
2) Occupancy. No residential dwelling hereafter erected upon a
Lot shall be occupied in any manner while in the course of construction, nor at
any time prior to its being fully completed. Nor shall any residence, when
completed, be in any manner occupied until made to comply with the requirements
of this Declaration and all other covenants, conditions, reservations and
restrictions herein set forth.
_
3) Setbacks. The setbacks for the construction of a residential
dwelling and any associated structure shall hereafter be fifty (50) feet from
the front and rear Lot lines and thirty (30) feet from the side Lot lines of
the Lot on which the improvement is to be made, unless a shorter setback is
approved in writing by six (6) of the eight (8) Lot Owners.
4) Utilities. All electrical service and telephone lines to
dwellings to be constructed on the Lots, shall hereinafter be placed underground
and no outside electrical lines shall be placed overhead.
5) Change in Elevation. The elevation of each Lot shall not be
changed so as to materially affect the surface or grade of the surrounding Lots
or so as to have a material adverse effect thereon. No rock, gravel, or clay
shall be excavated or removed from any property for coavnercial purposes.
6) Division of Lots. None of the Lots shall at any time be
resubdivided.
T) Animals. No animals, livestock or poultry of any kind shall
be raised, bred, or kept on any Lot except that dogs, cats or other household
pets may be kept, provided they are not kept, bred or maintained for any
commercial purpose and they do not disturb the peace of other Owners.
8) Nuisances. No noxious or offensive activities shall be
carried on upon any Lot nor shall anything be done thereon which may be or
may become an annoyance or a nuisance to the other Owners. The storage or
collection of rubbish of any character whatsoever, any material that admits
foul or obnoxious odors, the growing of any noxious weed or other natual sub
stance, and the harboring of a source of any noise or activity which disturbs
the peace, comfort or serenity of an Owner is prohibited. No Lot shall be used
for the storage of materials not customary to or necessary and convenient for
single-family residences.
9) Visibility and Concealment. No Owner shall have or maintain
on his Lot any clothes lines, vehicles in the process of restoration, boats,
trailers, recreational vehicles, snowmobiles, or fishing houses which are visible
from any other Lot or the roadway.
.. 10) Commercial Vehicles. No commercial trucks or other commercial
vehicles shall be stored or parked on any Lots, except while parked in a garage.
11) Tanks. No elevated tanks of any kind shall hereafter be
erected, placed or permitted on any Lot, nor shall underground tanks be burled
on any Lot, except sanitary waste holding tanks. Any tanks for use in connection
with any residences hereinafter constructed on a Lot, must hereinafter be placed
within the residential structure which it will service. Elevated propane gas
tanks are also excepted from the within Paragraph 11, so long as such a tank
is not visible from any other Lot, the Common Improvements, or any other real
estate contained in the plat of Stielow's Addition.
_ _ _ _12) Signs. No sign of any kind shall be displayed to the public
view on any Lot, except a “For Sale" sign or any other sign approved by a majority
of the Owners and except any signs posted for purposes of protecting any rights
of any Owner under law.
I
try of any kind shall
i or other household
itained for any
;her Owners.
:ivities shall be
1 which may be or
, The storage or
terial that admits
jr other natual sub-
ivity which disturbs
No Lot shall be used
i and convenient for
shall have or maintain
restoration, boats,
houses which are visible
■
ucks or other coimierclal
lile parked in a garage,
shall hereafter be
iround tanks be buried
iks for use in connection
;t hereinafter be placed
Elevated propane gas
long as such a tank
ts, or any other real
Jisplayed to the public
ign approved by a majority
f protecting any rights
ARTICLE VI.
RFNFRAL PROVISIONS ^
1) nuratio-. The easen^nta created hereby shall be permanent.
except as othemise provided herein, and the covenants and restrictions con-
tamed in this Declaration shall run with and hind the land and shall enure
the benefit of and be enforceable by the Owner of any tot subject to th,s
Declaration, their respective legal representatives, heirs. -
\ -f , assigns for a term of thirty (30) years__from the date this Declaratson ,s filed
, a thirtv (30) year period, said covenants and
for record, and at the end of said thirty (30) year pe
restrictions shall automatically be renewed for successive periods
2) hmendamnt. This Delcaratlon shall not be amended unless
six (6) of eight (8) of the Own^s and all Horwagees of record agree to
amendment.^3) Notices . Any notice required to be sent to an Owner unde
tlm provisions of this Declaration shall be deemed to have been properly sent
When mailed postpaid to the last known address of such Owner.
4) enforcement. The covenants and restrictions conUmed
Declaration may be enforced by any Owner in a proceeding at law or
any person or persons violating or attempting to violate any covenant or «st
tion either to restrain such violation or to recover damages and against the
,and to enforce any equitable lien or lien at law arising under this Dec ar. i«i-
Any failure by an 0.er to enforce any covenant or restriction herein contained
Shall in no event be deemed a waiver of the right to do so thereafter.
5) severability . Invalidation of any of the covenants or
restrictions contained herein by judgment or court order shall in no way
affect any other provision which shall remain in full force and effect
6) Gender . The singular shall be deemed to include the plu
and the masculine shall be deenmd to Include the feminine wherever appropriate.
and unless the context clearly indicates to the contrary, any obligations
rxi except where the context otherwise requires the Owners shall be joint and several except where
IN WITNESS WHEREOF, the undersigned, being the Owners on this
date, have executed this instrument as of the day and year at first above written.
LYNN L. CHARLSON
BERYL W. CHARLSON
CLYDE SCRIVNER
• \
0eA4kC
AifC.
#367
FLOUAGE AND CONSERVATION EASEMENT
ANO WAIVER OF DAf^GLb
THIS INDENTURE, made and entered into this day of
, 1978, by and between Lynn L. Chari son and Beryl W. Chari son.
husband and wife, their h-irs, assigns, successors (hereinafter collectively
referred to as the Grantors), and the City of Orono, its successors and assigns,
a municipal corporation under the laws of the State of Minnesota (hereinafter
referred to as the Grantee).
WITNESSETH, Grantors for and in consideration of the sum of One
Dollar t$l-00) and other valuable consideration, hereby covenant, grant, gin.
quit claim and convey to Grantee the right to restrict and Grantors agree to
limit and preclude the use, improvement and development, under the conditions
and covenants herein contained, the following described Land in the County of
Hennepin and State of Minnesota:
See Exhibit A attached hereto for legal description.
as follows:
1) Grantors reserve a 10-foot wide walkway easement to Lake
Minnetonka over and across each of Lots 1, 3, 4 and 5. Block 1. Stielow*s Addition,
together with the right to maintain and repair said walkway easement. Grantors
further reserve the right to construct, maintain, repair and use a residential
dock on each of Lots 1, 3, 4 and 5, Block 1, Stielow's Addition.
2) Grantors hereby covenant and agree:
a) No structures shall be constructed, erected or placed upon,
above, or beneath the Land including without limitation, fences,
fireplaces, steps, hard-cover or roads of any nature whatsoever, or
any other structure or improvement inconsistent with the natural
state of the Land, except for those structures and improvements
Grantors have reserved the right to construct and maintain.
b) No trees, shrubs or other vegetation shall be destroyed,
cut or removed from the Land except as authorized by written consent
of Grantee.
• •.
c) No earth, loam, peat, gravel, soil or any other natural
material or substance shall be moved or removed from the Land
and there shall be no dredging or excavation of any nature whatso
ever or any change of the topography of the Land without the
written consent of Grantee.
d) No soil, sand, gravel or other substance or material as
landfill shall be placed, dumped or stored upon the Land and
no waste, trash or garbage shall be placed, dumped or stored
upon the Land.
e) No use shall be made of the Land except uses, if any.
which will not change or alter the natural condition of the Land,
and no use which would tend to change the drainage, flood control.
water conservation, erosion control, soil conservation, fish and
wildlife habitat characteristics shall be made of the Land or the
water situated thereon.
f) Grantee may enter upon the Land for the purposes of
inspection and enforcement of the covenants contained herein and
to cause to be removed from the Land without any liability any
structures, uses, materials, substances, or unnatural matter
inconsistent with the covenants contained herein and the natural
state of the Land.
3) Grantors hereby grant, gift, quit claim and convey to Grantee,
a perpetual flowage easement and right and privilege to trespass with water over
and upon any or all of the Land.
4) Grantors herein do hereby remiss, release, acquit and forever
discharge, forever, the Grantee and .ny and all of its officer sand employees of
and from any and all claims, demands or causes of action of any kind or nature
whatsoever which may arise or accrue by virtue of any flowage or trespass with
water within terms of these agreements.
» I
ii
• V
/ •
1
, /
- • N
il or any other natural
removed from the Land
tion of any nature whatso-
the Land without the
ubstance or material as
ed upon the Land and
ed, dumped or stored
except uses, if any,
a1 condition of the Land,
le drainage, flood control,
1 conservation, fish and
►e made of the Land or the
for the purposes of
ints contained herein and
thout any liability any
, or unnatural matter
Bd herein and the natural
laim and convey to Grantee,
0 trespass with water over
el ease, acquit and forever
officer sand employees of
on of any kind or nature
flowage or trespass with
4
• I
1i
In addition to any other remedy the Grantee may have, the
covenants and restrictions contained herein may be enforced by injunction.
Grantors do not intend that the public should have any interest
in the above land by vlrfe of this indenture or otherwise, escept as hereinabove
set forth.
The Grantors herein certify that the land herein described is
free and clear of all encumbrances except easements, restrictions and reservations
of record if any.
All the provisions hereof shall run with the land and shall extend
to and bind the heirs, successors, representatives, grantees or assigns of the
respective parties hereto.
Lynn L. Charlson
Beryl W. Charlson
STATE OF MINNESOTA )
) SS.:
COUNTY OF HENNEPIN )
On this day of , 1978, before me a notary
public within and for said County, personally appeared lynn L. Charlson to me
personally known who being duly sworn did say that he is the individual named
in the foregoing instrument and acknowledged said instrument to be his free act
and deed.
Notary Public
STATE OF MINNESOTA )
) SS.:
COUNTY OF HENNEPIN )
On this day of , 1978, before me a notary
public within and for said County personally appeared Beryl W. Charlson to me
personally known who being duly sworn did say that she is the individual named
in the foregoing instrument and acknowledged said instrument to be her free act
and deed.
f
. 1
Notary Public
EXHIBIT "A"
r .
r
Cutlot STIZLQWS A^OITIO:!.
All that parh of Lot 1, Block I, STIELO'.JS ADCLTIC.'.' lying V;asterly
of tha following described line: Co.crr.encing at the Northeast cor
ner of said Lot 1; theaca on an aasuaed bearing of North 89 csor-ea
42 ninutes 15 seccnds V.-rst, along the i.ortherly line of -c-ic Loi.
1, r. distance of 303.S7 feet; thmce North 33 dcg.-r=s 54 ainates
14 seconds V;est, alo.ng said Northerly line of Lot 1. a dis
tance of 39.SO feet; thence North 89 degrees 42 aiaates IS seconds
kest, along said Northerly line of Lot 1. a distance of 207.25
feet to the point of begiratir.g of the U.ne to be described; thence
South 3 degrees 41 ci.nutes 22 seconds V.'est to the shore of Lake
• •
Mirj:ietoriva. and thsr^? terniTjnafcing.
• • • •
• • •
All that part of Lot 3. Block 1, STXBLGKS AOOIIIO.'i lying Keatcrty
of the following described line: Begir-eing at a point in the
Southerly line of said Lot 3 therein distant 353,-30 feet Keaterly
of the Southeast comer of said Lot. 3; thence North ll degrees .13 .
oinutea 03 seconds best, 201.12 feet, to the Northerly line of said
Lot 3 or its extension and there temi.nating. Fer purpoaes of this
description, the Southerly line of said Lot 3 is assunei to bear ■
North 89 degrees 12 ci.nutes 37 seconds West-
All that part of Lot 4, Block 1, STISLOhS AaOITION. lying ««terly
of the foUowlag described line; Beginning at a point in the
Northerly line of said Lot 4 therein distant 368.34 feet westerly
of the Northeast comer of said Lot 4; thence South 26 degrees 14
rirutes 10 seconds West, 220.90 feet, to the Southerly line of said
Lot 4 and there temi-eating. For purposes of this description the
Northerly line of said Lot 4 is assured to bear North 89 degrees 12
Kir.uteai 37 seconds V»est.
All ths.t pnrt of Lob 5, Block 1, STIEL0VJ3 ABDITIOX. lying Westerly
of tlie following described line: Beginning at a point in the
Scutherly line of said Lot 5 therein distant 333.Oo feet Westerly
of the Southeast comer of said Lot 5; thence North 22 degrees 47
J r u , j:_k-,-„ws rS 115.72 feet; the.nce I-.orth cir-utes 01 seco.ods Sas-, a da.j-i -----
1C degrees 40 ni.-.ctes 18 seconds West, a dUta--.ee of 133.03 feet
to the Northerly line of said Lot 5 md tr-e.-e temUating. For^
purpeaes of this d=sc--i?tion, kne S^w-k-.-riy iin ^
assuned to bear.N'orth 39 degrees 41 e.r-t.s • .
■
^ tf
tKH in,
iteBH.
i ADCiTIC.S' lying V;2sherly
:ins at the Northeast ccr—
aearing of North 89 dioreea
rthsrly lins of said Lot
th 33 decrees 54. ainates
ne of Lot 1, a diS—
42 niaates 15 sscor.ds
, a distar.ee of 207.23
ns to be described; thence"
>st to the snore of Lal^e
S JiDDIIIO?* lying Westerly
ine at a point in the
tant 353.34 Feet Westerly
ker.ee North 11 -degrees .13
the Northerly line of said
ting. Fcr purposes of this
Lot 3 is asstised. to bear ■
•
rest-
fS AUaiTIGN, lying Westerly
IT rig at a point in the
jtaat 368.34 feet Westerly
thsnce South 26 degrees 14
5 the Southerly line of said
5-s of this descioptica the?
to bear North 89 degrees 12
rs AEDITIOK, lying Westerly
iir.g at a point in the
itant 335.05 feet Westerly
therce North 22 degrees 47
115.72 feet; thence North
« {instance of I3a.03 reet
tnere terni.nating. For
i"\v’ line of said Lov. 5 xs
m
ates 21 seconds V'est., .
'4
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
SUBDIVIDER’S AGREEMENT FOR
STIELOW'S ADDITION
LYNN L. CHARLSON, SUBDIVIDER
THIS AGREEMENT, made and entered into this day of
, 1978, by and between the CITY OF ORONO, a municipal
corporation organized under the laws of the State of Minnesota (hereinafter
called "City"), and LYNN L. CHARLSON, his heirs, successors and assigns (herein
after called “Subdivider").
WITNESSETH:
WHEREAS, the Subdivider has made application to the City Council
/
for approval of a final plat of land within the corporate limits of the City
legally described in Exhibi.; A attached hereto and Incorporated herein by
reference (the "Subdivision"); and
WHEREAS, the City Council has granted preliminary approval to
the Subdivision, on the condition that the Subdivider enter Into this agreement
to provide for among other things, the Installation of streets, water, sewer,
other utilities, pathways, landscaping, and any other improvements hereinafter
described on the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the premises and of the
«
mutual promises and conditions hereinafter contained, it is hereby agreed as
follows:
1) a) Warranty of Subdivider. The Subdivider hereby warrants
and represents to the City as inducement to the City's
entering into this agreement, that Subdivider's interest in
the Subdivision is as set forth on Exhibit B attached hereto.
1) b) Covenants Concerning Title. Subdivider hereby warrants
that the title to the property in the Subdivision presently
and as of the time of the filing of the final plat for the
subdivision is as set forth in Exhibit B.
•i
Lynn L. Charlson, Subdivider
Signature of City Clerk
ORONO, a municipal
Minnesota (hereinafter
essors and assigns (hereln-
catlon to the City Council
rate limits of the City
corporated herein by
preliminary approval to
enter Into this agreement
f streets, water, sewer.
Improvements hereinafter
forth.
premises and of the
It Is hereby agreed as
ubdivider hereby warrants
cement to the City's
Subdivider's Interest In
Exhibit B attached hereto,
ubdivider hereby warrants
the Subdivision presently
f the final plat for the
Ibit B.
'I
2) Improvements. In accordance with the policies and ordinances
of the City, the following described public or private Improvements (hereinafter
collectively called the "Improvements") shall be constructed and Installed on
the terms and conditions hereinafter contained:
a) Site grading. Including all necessary erosion control
procedures (hereinafter called "site grading improvements");
b) Street grading, graveling and stabilizing (hereinafter
called "streetImprovements");
c) Storm sewers, including all necessary culverts, catch
basins, ponds. Inlets, channel Improvements, and other
appurtenances (hereinafter called "storm sewer improvements");
d) Sanitary sewer laterals or extensions, including all
necessary building services and other appurtenances (herein
after called "sanitary sewer improvements");
e) Water main laterals or extensions, including all necessary
building services, hydrants, valves and other appurtenances
(hereinafter called "water main Improvements");
f) Permanent street surfacing, including curb and gutter
(hereinafter called "permanent street Improvements");
g) Standard street name signs at all newly opened intersections
and such other traffic control signs within the Subdivision to
be Installed only by the City (hereinafter called "traffic
signing Improvements");
h) Landscaping, Including boulevard sodding and Improvements,
finished grading, fencing, screening, sodding, seeding, berms,
and plantings (hereinafter called "landscaping Improvements");
1) Pathways and sidewalks (hereinafter called "pathway and
sidewalk Improvements");
j) lighting improvements Including street lights, pathway
lighting, driveway and parking lot lighting (hereinafter called
"lighting Improvements");
L. Charlson, Subdivider Lynn L. Charlson, Subdivider
ture of City Clerk Signature of City Clerk
. !
the policies and ordinances
e improvements (hereinafter
tructed and installed on
cessary erosion control
te grading improvements");
stabilizing (hereinafter
‘cessary culverts, catch
)rovements, and other
"storm sewer improvements");
tensions, including all
ther appurtenances (herein-
jvements");
ions, including all necessary
es and other appurtenances
mprovements");
ncluding curb and gutter
reet improvements");
all newly opened intersections
gns within the Subdivision to
reinafter called "traffic
ird sodding and iirprovements,
ing, sodding, seeding, berms,
"landscaping improvements");
lafter called "pathway and
ig street lights, pathway
t lighting (hereinafter called
n L. Chari son. Subdivider
k) Underground gas, electric and telephone service to be
arranged by the Subdivider with the utility companies involved
(hereinafter called "utility in^rovements"); and
l) Other improvements.
3) Designation of Improvements. Improvements to be installed at
Subdivider's expense by the Subdivider as hereinafter provided are hereinafter
referred to as "Plan A Improvements".
4) Plan A Improvements.
a) Improvements. The Subdivider will construct and install
at Subdivider's expense the Plan A Improvements according to
the terms of this agreement and the terras and conditions as
set forth in Exhibit C attached hereto.
b) Construction Plans and Approval Thereof. The Subdivider
has engaged at Subdivider's expense a Minnesota registered
civil engineer to prepare detailed plans and specifications
for the complete installation of all Plan A Improvements in
accordance with City standards, including preparation of
estimates, special contract provisions, preparation of pro
posal forms and designation and description of all necessary
temporary and permanent easements, which are attached as
exhibits as set forth in Paragraph 4 a. Such plans and speci
fications are based upon such engineering surveys, including
such soil borings and material tests as were determined to be
necessary by the City Engineer and have been submitted to and
have been approved in writing by the City Engineer prior to the
execution of this agreement.
The Subdivider through his engineer shall provide for competent
daily inspection of all Plan A Improvements, both public and
private. Inspection report copies shall be provided by the
.1
Lynn L. Charison. Subdivider
Signature of City Clerk
nature of City Clerk
d telephone service to be
the utility companies involved
rovements*'); and
irovements to be installed at
ir provided are hereinafter
r will construct and install
A Improvements according to
the terms and conditions as
lereto.
/al Thereof. The Subdivider
ise a Minnesota registered
sd plans and specifications
all Plan A Improvements in
Including preparation of • '
Isions, preparation of pro-
lescription of all necessary
s, which are attached as
)h 4 a. Such plans and sped-
jineering surveys, including
‘sts as were determined to be
id have been submitted to and
the City Engineer prior to the
5er shall provide for competent
qprovements, both public and
es shall be provided by the
• rii
•a
.1
V ' “ :
1 L. Charlson, Subdivider
Subdivider's engineer to the City Engineer on a weekly
basis. As-built drawings with service and valve ties on
reproducible nylar and certifications by the Subdivider's
Engineer of completion and compliance with specifications
approved by the City shall also be delivered to the City
in the form and content approved by the City and shall be
approved by the City Engineer,
c) Construction of Plan A Improvements.
1) Completion Date. All Plan A Improvements shall be
completed not later than as shown on Exhibit 0.
2) Approval of Contractors. Any contractor selected by.
the Subdivider to construct and install any Plan A
Improvement must be determined in writing by the City
Engineer to be acceptable. The City reserves the right
to require satisfactory proof of successful experience
and adequate financial status of any such contractor.
•,
Where required by City ordinances, the contractor shall
first obtain a license from the City.
3) Pre-Construction Conference. Prior to any construction
work on the Subdivision, the Subdivider, Subdivider's con
tractor and engineer, shall meet with the City Engineer
to review the proposed work schedule. '
4) Construction. The construction, installation and
materials shall be in accordance with the plans and
specifications approved by the City Engineer. The Subdivider
will cause the contractors to furnish the City Engineer
with a schedule of proposed operations at least five (5)
days prior to commencement of construction work.
5) Cross Sections. Upon request by the City Engineer,
the Subdivider shall cause to be furnished to the City
Engineer for his approval cross sections at fifty (50)
lature of City Clerk Lynn L. Charlson, Subdivider
Signature of City Clerk
City Engineer on a weekly
h service and valve ties on
ications by the Subdivider's
mpliance with specifications
so be delivered to the City
ved by the City and shall be
V ;■
provements.
Plan A Improvements shall be
as shown on Exhibit D.
rs. Any contractor selected by
ct and install any Plan A
mined in writing by the City
. The City reserves the right
roof of successful experience
atus of any such contractor.
dinances, the contractor shall
om the City.
erence. Prior to any construction
the Subdivider, Subdivider's con-
11 meet with the City Engineer
rk schedule.
nstruction, installation and
ordance with the plans and
i\
y the City Engineer. The Subdivider j
s to furnish the City Engineer
ed operations at least five (5)
t of construction work,
request by the City Engineer,
e to be furnished to the City
cross sections at fifty (50)
■1
t • •
feet stations of all streets in the Subdivision after
initial grading. No construction of storm sewer, sanitary
sewer, watermain or utility improvements shall be commenced
until the initial grading cross sections are approved in
writing by the City Engineer. The Subdivider shall cause
to be furnished to the City Engineer in writing a state
ment or contract document indicating the contractor who is
responsible for regrading to the approved section after
the completion of the storm sewer, sanitary sewer, watermain
and utility improvements.
6) Supervision. All of the work shall be under the sole
supervision and control of the Subdivider.
7) Review and Approval by the City. All of the work shall
be subject to the review and approval of the City Engineer
and, where appropriate, any other governmental agency having
jurisdiction.
8) Easements. The Subdivider shall make available to the
City, at no cost to the City, all permanent or temporary
easements necessary for the installation of the Plan A
Improvements, as determined by the City Engineer. All such
easements requested by the City shall be in writing, in
recordable form, and on the standard easement form of the
City or on such other terms and conditions as the City
shall determine.
9) Insurance. The Subdivider will cause each person who
constructs and installs any Plan A Improvements to furnish
the City with the same evidence of complete insurance
coverage (including Workmen's Compensation, liability and
property damage ) as is required on City contracted con
struction jobs as determined by the general specifications
now in use.
Lynn L. Chari son. Subdivider
Lynn L. Charlson, Subdivider
Signature of City Clerk
Signature of City Clerk
n the Subdivision after
:ion of storm sewer, sanitary
proven«nts shall be commenced
iS sections are approved in
The Subdivider shall cause
igineer in writing a state-
ieating the contractor who is
Jie approved section after
iwer, sanitary sewer, watermain
fork shall be under the sole
‘ Subdivider.
! City. All of the work shall
tpproval of the City Engineer
;her governmental agency having
' shall make available to the
all permanent or temporary
istallation of the Plan A
r the City Engineer. All such
^y shall be in writing, in
^ndard easement form of the
id conditions as the City
’’Will cause each person who
Ian A Improvements to furnish
:e of complete insurance
Condensation, liability and
“ed on City contracted con-
ly the general specifications
L. Charlson, Subdivider
iture of City Clerk
Performance Bond or Letter of Credit. For the purpose of
assuring to the City that the Improvements will be completed
according to the terms of this agreement, and that Subdivider
will pay all claims for work done and materials and supplies
furnished. Subdivider has furnished to the City at the time
of the execution of this agreement a surety performance bond
in the amount of at least 150 percent of all estimated Con
struction Costs of the Plan A Improvements in form satisfactory
to the City and naming the City as obligee thereunder. The bond
shall be conditioned upon performance by Subdivider of his
obligations hereunder. In lieu of the bond herein required or
at the request of the City, Subdivider has deposited with the
City cash, certified funds or an irrevocable letter of credit
in a form satisfactory to the City in at least said amount,
provided that the City is able to draw upon such funds or letter
of credit in its sole discretion to complete the Plan A Improve
ments. If cash or certified funds are deposited with the City
as herein provided, the City shall deposit same in an interest-
bearing account. If Subdivider completes the Plan A Improve
ments in accordance with this agreement and the work is accepted
by the City, the principal amount of such deposit, together
with all interest thereon, shall be refunded by the City to
Subdivider. The amounts required are set forth in Exhibit D
attached hereto. The City Council may authorize reduction of
the amount of such bond or deposit as completion of the Plan A
Improvement progresses, based upon reconmendations by the City
Engineer and the City Engineer's estimate of the cost of com
pletion, and so long as the amount of the remaining bond or
deposit equals at least 150 percent of the cost of all amounts
to be paid by Subdivider pursuant to this agreement to complete
the remainder of the Plan A Improvements.
Lynn L. Charlson, Subdivider
Signature of City Clerk
of Crcdit. For the purpose of
Iniprovements will be completed
agreement, and that Subdivider
3ne and materials and supplies
ished to the City at the time
nent a surety performance bond
lercent of all estimated Con-
mprovements in form satisfactory
f as obligee thereunder. The bond
•rmance by Subdivider of his
I of the bond herein required or
divider has deposited with the
n Irrevocable letter of credit
ity in at least said amount.
to draw upon such funds or letter
n to complete the Plan A Improve-
nds are deposited with the City
ill deposit same in an interest-
completes the Plan A Improve-
jreement and the work is accepted
It of such deposit, together
I be refunded by the City to
id are set forth in Exhibit 0
:il may authorize reduction of
it as completion of the Plan A
>on reconmendations by the City
‘ estimate of the cost of com-
int of the remaining bond or
ent of the cost of all amounts
t to this agreement to complete
ovements.
n L. Chari son. Subdivider
nature of City Clerk
faithful Performance of Construction Contracts anH
Warranty Boncl. The Subdivider will fully and faithfully comply
with all terms of any and all contracts entered into by the
Subdivider for the installation and construction of all Plan A
Improvements and hereby guarantees the workmanship and materials
for a period of one year following the City's final acceptance
of the Plan A Improvements, public or private, and agrees to
repair or replace, as directed by the City, and at Subdivider's
sole cost and expense, any workmanship or materials that become
defective, in the sole opinion of the City, within said one-year
period even though notice thereof be given by the City after said
one-year period. Concurrently, with the execution of this agree
ment by the Subdivider, the Subdivider has furnished to, and
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at all times thereafter shall maintain with the City a satisfactory
and sufficient warranty bond in at least 150 percent of the total
estimated cost of Plan A Improvements as determined in Paragraph 4,
above, with a surety satisfactory to the City. Included among
the obligations of the surety under such bond shall be that
the Subdivider shall fully and faithfully discharge Subdivider's
obligations with respect to the Plan A Inprovements during the
installation and construction period and that may arise as a
result of Subdivider's one-year guaranty.
Igrv^'ces to be Performed by City and Payment Thprpfnr
a) With respect to Plan A Improvements, the City (a) will review
and approve the Subdivider's securing of all necessary permits;
(b) may make periodic inspection of construction methods and
materials; (c) may make final job inspections: and (d) may
review and approve as-built drawings and service ties.
b) For such services. Subdivider will escrow with the City
a sum equal to 3 percent of the total estimated construction
cost of all Plan A Improvements at the time of the execution of
this agreement. The Subdivider will provide the City Engineer
Lynn L. Char)son. Subdivider
Signature of City Clerk
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ruction Contrarts anH
il fully and faithfully comply
tracts entered into by the
Id construction of all Plan A
5 the workmanship and materials
j the City's final acceptance
: or private* and agrees .to
the City, and at Subdivider's
ship or materials that become
the City, within said one-year
be given by the City after said
th the execution of this agree-
ider has furnished to, and
tain with the City a satisfactory
least 150 percent of the total
Its as determined in Paragraph 4,
;o the City. Included among
* such bond shall be that
hfully discharge Subdivider's
n A Improvements during the
d and that may arise as a
ranty.
d Payment Therefor.
Bnts, the City (a) will review
ig of all necessary permits;
f construction methods and
ispections; and (d) may
> and service ties.
11 escrow with the City
il estimated construction
he time of the execution of
provide the City Engineer
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with true, accurate and complete information as to bids
and all construction costs. Upon completion and the City's
final acceptance of the as-built drawings and service ties,
the City will remit to Subdivider any amounts remaining after
the City has charged against the escrow account all expenses
incurred by the City for the above services and for any other
reasonable expenses incurred by the City relating to the con
struction of Plan A Improvements. In the event that the charges
incurred by the City exceeds the escrow amount, the Subdivider
shall pay to the City the excess within 30 days after receipt
of a statement therefor. The City Engineer will execute the
certificate of completion after the City receives all amounts
due.
7) Fees and Expenses. The Subdivider agrees to pay all City fees
required per the current City Fee Schedule, and further agrees to completely
reimburse the City for all the reasonable expenses it incurs in regard to the
review and approval of the In^irovements and this Subdivision including, but not
limited to, direct City payroll and overhead, costs, fees paid to consultants
and other professionals, arid the costs of printing, mailing and supplies. The
Zoning Administrator has determined the estimated escrow amounts to cover these
estimated expenses. Escrow deposits have been made at the time of application for
final subdivision approval and are shown on Exhibit D. Within 60 days after the
City's Engineer executes the certificate of substantial completion, the City will
remit to Subdivider any amounts remaining after the City has charged against the
escrow account all expenses incurred by the City for the above services. In the
event that the charges incurred by theCity exceeds the escrow amount, the Subdivider
shall pay to the City the excess within 30 days after receipt of a statement therefor.
8) Transfer of Title. The Subdivider may not sell, transfer or
lease any of the property within the Subdivision until the final plat of Stielow's
Addition has been filed of record with Hennepin County, without the City's written
consent.
Lynn L. Charlson, Subdivider
Signature of City Clerk
fe of City Clerk
9) Home Owners Association, The Subdivider agrees to and has
created a viable home owner association with the necessary maintenance agreements,
acceptable to the City, which will be responsible for the ownership and maintenance
of among other things; common facilities, private roads, private sewer and water
lines, open space, pathways, drainage ways, and drainage ponds, and any of the
Improvements herein which are not to be accepted by the City for public ownership
and maintenance. Such maintenance shall include among other things, repair, replace-
ment when necessary, snow removal, grass cutting, weed control, clean-up of trash
and debris, mosquito control, odor control, drainage ways, silt removal from
drainage ponds, grading and surfacing of private roads. If a reasonable maintenance
standard is not maintained by the home owners association, the City shall have the
right to take corrective action it deems appropriate to protect the health, safety
and welfare of the public and to assess against said home owners association and/or
the land in the subdivision for all costs incurred therefor. Such corrective
action will not change the status of a private Improvement.
10) Special Provisions. Subdivider agrees to all other provisions
and requirements as set forth in Exhibit E attached hereto.
11) Issuance of Building Permits. The City may not grant building
permits and/or certificates of occupancy for development of residential structures
in the subdivision until the conditions set forth in Exhibit F hereto have been
met.
12) Resolutions of City. Subdivider agrees to be bound by the
provisions set forth in the resolution of the City Council approving the Final
Plat of this Subdivision.
13) Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors and assigns
of the parties hereto and shall be binding upon all future owners of all or any
part of the subdivision and shall be deemed covenants running with the land.
References herein to Subdivider, if there be more than one, shall mean each and all
of them. This agreement, or a short form thereof to be executed by the Subdivider,
Lynn L. Chari son. Subdivider
Signature of City Clerk
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Subdivider agrees to and has
necessary maintenance agreements,
for the ownership and maintenance
e roads, private sewer and water
rainage ponds, and any of the
by the City for public ownership
among other things, repair, replace-
*
weed control, clean-up of trash
age ways, silt removal from
roads. If a reasonable maintenance
ociation, the City shall have the
ate to protect the health, safety
aid home owners association and/or
d therefor. Such corrective
iprovement.
r agrees to all other provisions
led hereto.
The City may not grant building
ilopment of residential structures
I in Exhibit F hereto have been
ler agrees to be bound by the
;y Council approving the Final
I provisions hereof shall be binding
‘sentatives, successors and assigns
ill future owners of all or any
lants running with the land.
i than one, shall mean each and all
F to be executed by the Subdivider,
at the option of the City shall be placed of record so as to give notice hereof
to subsequent purchasers and encumbrancers of all or any part of the subdivision
and all recording fees, if any, shall be paid by the Subdivider.
14) Whenever in this agreement it shall be required or permitted that
notice or demand be given or served by either party to this agreement to or on the
other party, such notice or demand shall be delivered personally or mailed by
United States certified mail (return receipt requested) to the addresses set forth
on Exhibit D. Such notice or demand shall be deemed timely given when delivered
personally or when deposited in the mail in accordance with the above.
15) Release of Security. Upon performance by the Subdivider of
the terms of this agreement, excluding the expiration of any guaranty or warranty
period herein and the performance by Subdivider of Subdivider's obligations herein
with respect to any such guaranty or warranty, the City will release to the Sub
divider cash deposited in escrow in accordance with this agreement or, in case a
performance bond shall have been filed in accordance with this agreement, will give,
upon the request of the Subdivider, evidence satisfactory to the Subdivider of his
performance of this agreement in accordance with its terms.
16) Incorporation by Reference. All plans, special provisions, pro
posals, specifications and contracts for the Improvements furnished and let
pursuant to this agreement shall be and hereby are made a part of this agreement
by reference as fully as if set out herein in full.
17) Release to be Filed in the Chain of Title. Upon performance by
the Subdivider of the terms of this agreement, excluding the expiration of any
guaranty or warranty period, the City will at Subdivider's request, provide to
the Subdivider for filing a resolution satisfactory to the Subdivider of his
performance of this agreement in accordance with its terms.
17) a) Disclaimer by City. It is understood and agreed that the
City, the City Council, and the agents and employees of the
City shall not be personally liable or responsible in any
manner to Subdivider, or Subdivider's contractors, subcontractors.
.ynn L. tharlson. Subdivider Lynn L. Chari son. Subdivider
Signature of City Clerk Signature of City Clerk
materialmen, laborers or any other person, firm or
corporation, for any debt, claim, demand, damages, actions
or causes of action of any kind or character arising out of or
by reason of the execution of this agreement or the perform
ance and completion of the Improvements.
17) b) Hold Harmless and Indemnification. The Subdivider shall
indemnify and hold harmless the City, the City Council, and
the agents and employees of the City from and against all
claims, damages, losses or expenses, including attorney fees,
which the City, City Council and agents and employees of the
City may suffer or for which it may be held liable, arising
out of or resulting from the assertio against them of any
claims, debts or obligations in consequence of the perform
ance of this agreement by the Subdivider, his employees, agents
or subcontractors, whether or not caused in part by a party
indemnified hereunder.
18) Remedy for Default. Default by the Subdivider of any of the
terms of this agreement shall automatically result in the suspension or with
holding of all permits, licenses, occupancy certificates or other authorizations
issued by the City in connection with the property included in this subdivision.
The remedies afforded to the City under this section shall be in addition to any
other remedies to which the City may be entitled by law or other agreement.
IN WITNESS WHEREOF, the City and Subdivider have caused this
agreement to be duly executed on the day and year first above written
In Presence of:CITY OF ORONO
Its Hayor
And
Its City Clerk
In Presence Of:SUBOIVIOER
Lynn L. Chari son
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EXHIBIT B
1) a) Subdivider's Interest in the Subdivision is fee owner
of Lots 1, 2, 4, 5, 6 and 7, Auditor's Subdivision No. 207, except that portion
of Lots 4, 5, 6 and 7, Auditor's Subdivision No. 207 conveyed to New Thought
Center, Inc. and represented as Lot 12, Block 1, Stielow's Addition, Hennepin
County, Minnesota, on Exhibit A hereto.
b) Covenants Concerning Title
Name Address Telephone Number Interest in Property
New Thought Center, Inc.fee owner. Lot 12, Block 1
Stielow's Addition
Clyde Scriimer fee owner. Lot 3, Auditor*
Subdivision No. 207
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EXHIBIT D
4) c) 1) Completion Date:
5) a) Amount of Letter of Credit or Performance Bond:
$
5) b) Warranty Amount.$
6) b) Charge for City Engineering Services. Three percent (3%)
of total estimated construction cost:
$
Escrow amount pursuant to current City fee schedule, two percent
(2%) of tital estimated construction cost:
$
14) Notices:
If to the City:
If to the Subdivider:
Mr. Walter R. Benson
Clerk/Administrator
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
Hr. Lynn L. Chari son
P.O. Box 299, Lake Zumbra
Excelsior, MN 55331
• # •
t or Performance Bond:
ng Services. Three percent (3%)
on cost:
rent City fee schedule, two percent
ruction cost:
Walter R. Benson • !
rk/Administrator •
i of Orono • \
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. Box 66 :
stal Bay, Minnesota 55323 * j
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Lynn L. Chari son
. Box 299, Lake Zumbra
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slsior, MN 55331
EXHIBIT E
8) Special Provisions.
Landscaping improvements only include seeding, sodding, and
other work necessary to stabilize roadway section and drainage improvements.
4 ••
EXHIBIT F
9) Issuance of Building Permits.
> ,
Building permits for Lots 9, 10, 11 and 12, Block 1, Stielow's
Addition, shall be issued upon the recording of the final plat of Stielow's
Addition with Hennepin County.
Building permits for Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1,
Stielow's Addition, shall be issued when the street improvements for Outlot B
have been "roughed in", i.e. when a gravel base has been laid.
Certificates of Occupancy for Lots 9. 10, 11 and 12, Block 1,
Stielow's Addition, shall be issued upon the recording of the final plat of
Stielow's Addition with Hennepin County.
Certificates of Occupancy of Lots 1, 2, 3, 4, 5, 6, 7 and 8,
Block 1, Stielow's Addition, shall be issued upon completion of the final street
improvements on Outlot B, Stielow's Addition.
CITY of ORONO Control No.367
i OfTioc Box 66»Cry«Ul Boy, MinneooU 55323 •Munidpol OfRcos Teleohooe 473-735T Variance
Conditional Use Permit
!l
Mr. Jxsrgen Stlelow
2058 Shoreline Drive
Wayzata,
Minnesota 55391
XX svibdivlsion. Prelim.
Subdivision. Final -
nf Kotice 6/Z8/7B
NOTICE OF CITY COUNCIL ACTION
Date of Meeting: ^^78
Votes: ^ For^Against Abstention
• #
Action:___Approval: As submitted subject to applicable ordinance requirements
XX Approval : Subject to conditions noted^
___ Deferral: Pending receipt of information noted ^
___ Referral: Review by others, as noted
__Denial: For reasons noted
NOTES & SPECIAL CONDITIONS: Per survey received May 25, 1978/8eptic report
June 14, 1978. See attached list dated June 28, 1978.
Deadlines;__Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
Conditional Use Approval Must be renewed annually.
Expires on __________.•
Must be renewed upon change in
ownership or use.
« Preliminary Subdivision approval expires after one year of
meeting date.
Contact Zoning Administration for final plat requlrCTcnts.
Final Stibdlvislon approval expires 6 months after meeting date.
Contact Zoning Administration for filing requirements and
documeoit approvaX • - . ^ ^ ^
Deferred items may be declared formally withdrawn if applicant
to provide information within one montl) of meeting
date, or by date specified by Council.
If you desire certified copies of the official City Council Minutes, they
are available from the Deputy City Clerk upon review and approval by the
Council.
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TO:Jurgen Stlelow, applicant #367
FROM:Alan P. Olson, City Planner
DATE:June 28, 1978
SUBJECT: «B7 Subdivision ApprovalConditions of Preliminary Fiat approv
Septic apprwal on ^ cSl«d^wlS lot*#!*"'
Council action requires lo j_„^ative moxmd system and
unless city engineer approv some other acceptabledrainfield dewatering as proposed, o. some ocner
drainfield proposal.
,c 3. Plat approval is conditioned on a private road and on conservation
easements over all wetlands.
4, Items to be submitted with final plat:
i
^.Record Plat Drawings
- 200 ft.
-Title opinion addressed to Ae “^'outlot A. pond on Lot 13,
-Conservation i and^-6. EasLent form nay
/ for lots ^^^,ti!n'di*"^dS%n “:ss
dock-like walkway. mu-lot B in favor of the City.
.^-Road and utilities °^®!„^^dJvideS interest in road
-Ease^t d«^t o^Jee 8 association agre^t
“ Snts providing for roadway nalntenance by
^ along lots 1 and 4 , g ^ ^ easement over pond,
‘ :irdrri^Be*:“ riu*t; i:^:i*n:fl0*ft. wide <5 ft. each Side)
:/alon|4l^roperty^Un« agreement attached for construction
^f?e5Slred br^divldel's agreement.
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#367
Jurgen Stlelow
June 28, 1978
Page 2
#367 -
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4. Items to be submitted with final plat (Cont.):
C^ubmlttal^of letter of credit or bond and 5% escrow fee as
r^ulred by subdivider's agreement.
—PaymentPark Dedication Fee of $4,336.00 (1-1/4% of raw
land value $346,841.00).
^/^ubmlttal, listing four or five proposed names for the private
road.'
SoH9iUoo, AndlUik & /Udooiatu, 9i HO,
A3S5 Wt Jhfktmf 96
£l PmU, MittMia 55119
Pkum 696 ‘4600
Otto G, Bomottmo, M.
Hobori W, Kotomt» fX.
Jotopk C. AodtrML PS.
Bfmitord A. Umborg, PM.
Bobort D. PHgomi, PM.
Pickard E. Tmrmor, PM.
iomoi C. Oltom. PM.
Poldtiom. PM.
Okm P. Cootu PM.
Earn A. Gordom. PM.
Thamm E. Noytt* PM.
Pkkmd W. Paottr, PM.
Pobort G. Srkmmkkt, PM.
Mioroim L. Sorodkk PM.
OmmM C. Pmg afdk PM.
Eammtk P. Motttaa. PM.
September 5, 1978 loo U. PowoUkf
Mr. A1 Olson
City Planner
City of Orono
Box 66
Crystal Bay, Mn. 55323
mtmM. Obw
Re: Stielow's Addition - #367
Street Flans & Specs.
Our File No. 139-367, Plats
Dear Al,
We have reviewed the plans and specifications for street construction pre
pared by Hickock and Associates and reconnend that they be approved.
The street cross-section Includes 5" of bituminous base course and 2” of
bittminous wear course, with a bituminous shoe-formed curb. The width is
indicated at 26 feet, face to face of curb. The low point near station
3M0 is drained by two catch basins and an 18*' CMP culvert pipe. The down'
stream catch basin has a 48" sump and baffle to trap sediment and floating
debris.
We recommend approval of the plans and specifications upon signature by the
design engineer from Hickock. If you desire a signed, approved set of plans
for your files, please have the developer submit extra copies for our signa
ture of apprj
Tours verr truly,
BC»1E2 ISBME//ANDBRLIK & ASSOCUTES, INC.
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TO:
FROM;
Planning Commission and Coiincil
Alan P. Olson, Village Planner
#419
DATE; September 5, 1978
SUBJECT: #419 Variance
Michael Farrell, 2815 Casco Point Road
Mr. Farrell is proposing to add a wood deck on top of the lower
terrace of three existing on his shoreline embankment. The upper
two levels will be planted. The existing stairway will be used.
The lower concrete wall is to be faced with wood. Proposed
deck area is 165 sq. ft.
The terraces were installed following a major washout of the
hillside after the heavy rain this July. The ^
an emergency conditional use permit for this work on July 11, 1978.
Variance required: 34.201 setback and 34.202 hardcover
Lakeshore setback required: 75 ft.
proposed: 15 ft.
variance: 60 ft.807.
Hardships: existing terrace location and steepness of
the embankment.
mM
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CITY of ORONO
>wt Ofliot Bo» 66*Cryrt-l B«y. MinnetoU 65323 •Municipal OfficMTeleohon* 473.735T
Control Mo.
Variance
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Mr. Michael T. Farrell
2815 Casco Point Road
Wayzata,
Minnesota 55391 ^
X Conditional Use Permit
_ Subdivision, Prelim.
_ Subdivision, Pinal
X Rip Rap_ _ _ _ _ _ _ _
NOTICE OF CITY COUNCIL ACT #419Date of Notice
Date of Meeting: July 11. 1978_
Votes: 5_ _For 0 _Against Abstention
Action:_Approval
]L Approval:
_ Deferral:
_ Referral:
Denial:
AS submitted subject to spplicable ordinsnce requirements
Subject to conditions noted^
Pending receipt of information noted
Review by others, as noted
For reasons noted
BOTES A SPECIAL conditions: City Council conflgied emergency spprovsl^
.boreline erosion control permit: 1) Class B (6--12") rock rip rap
shore (no retaintns wall). 2) Four untreated timber retainlns walls per plgn
with trees and bushes required to replace existinK and to stabilize soil. Ho
No additional tree removal permitted. 3)_Hew steps and patio deck not
nermitted; Conditional Use Permit Application required. «) Work also r^ujres
MN'DNR and MQJD permits.
naedllnes- Variance approval expires one year a£t« ****•Qeadlin contact building Inspector for required permits.
* Conditional Use Approval -Must be renewed annually^XX Expires on October 11.1978.
Must be renewed i^on change In
ownership or use.
__ Preliminary Subdivision approval expires after one year of
- AffilstrSon for filing requlreomnts and
docu^t appeal. ^ formally withdrawn if applicant
- io^o^L wSi^aon wlthjone month of meeting
date, or by date specified by Council.
ncj A ...euwiaa Ap the officisl City Council Minutes, they
“e^^amin the DepSty City Clerk upon review and approval by the
Council.
cc: John Holroquist, MWD
Tom Jacobs
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REGULAR t4EETING OF THE ORONO COUNCIL, JULY 11, 1978 Page 16
Butler moved, Massengale seconded, that the permit
to be issued when the restrictive covenant is signed
and staff approval of construction plans and septic
design; prior to certificate of occupancy,
Minnetonka Cetner of Arts & Education must submit
written report and study of traffic voliune
projections and parking availability. Motion,
Ayes (5) - Nays (0).
RECONSIDER MOTION
Minnetonka Art Center
(Continued) •
Mr. Alan Olson informed the City Council that since
the record rains that have fallen in our area, we
are experiencing sufficient damage to the lake
and shorelines that justifies immediate action by
City staff in approving Class B riprap. The
extreme high water is causing some of our
shoreline severe damage from wind and boat wakes.
EMERGENCY RIPRAPPING
Mayor Van Nest moved, Massengale seconded, to
waive Planning Commission approval of riprapping
for emergency shoreline protection maintenance
and to instruct City staff to issue permits on
that basis with Council approval at their next
regularly scheduled Council meeting, subject to
Minnehaha Creek Watershed Distirct and DNR
permits. Motion, Ayes (5) - Nays (0).
#419
Mayor Van Nest moved, Massengale seconded, to
instruct staff to prepare an eimendment to the
City ordinance allowing issuance of riprapping
permits for emergency shoreline protection
maintenance. Motion, Ayes (5) — Nays (0).
Mayor Van Nest moved, Butler seconded, to
approve a conditional us® permit for riprappxng
for emergency shoreline protection maintenance .
subject to Minnehaha Creek Watershed District
and Department of Natural Resources permits
for Windward Marina, 1444 Shoreline Drive. Motion,
Ayes (5) - Nays (0).
CONDITIONAL USE PERMIT
Windward Marine
1444 Shoreline Drive
Mayor Van Nest moved, Butler seconded, to
nppi*ov0 & conditionaX usb psmiit for riprapping
for emergency shoreline propection maintenance
subject to: 1) replacement of trees and bushes,
2) no additional tree removal, 3) Minnehaha Creek
Watershed District and Department of Natural
Resources permits, for Michael T. Farrell, 2815
Casco Point Road. Motion, Ayes (5) - Nays (0).
si
CITY OF ORONO, MINNESOTA
Land Use Application *
, LOCATION OF PROPOSAL (or pr
Address
Legal Description ________
#•'41
TYPE OF REQUEST
Subdivision $150*f$5/Lo^
Conditional
»^*Variance $50
APPLICANT f'
Mailing
Address grK <l Amb “Rrlii.
I
OWNER Name “X.
Mailing
Tel
i
Address dA.. L^kltNt% M\pi SS'i^f
I
Present Zoning _ _ _Lg »I _ _ _ _ _ _ _ Present Use
.!
Rezoning $250
Riprap $15 ($65)
FEE ^ , /
Date Rac'd
By _ _ _ _ _ _ _ _ _ _ _ _—
J 2Soning Ordinance Section Relating to Request ^
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Specify tSrdinance Requirements Guul. Oft wcyl Id
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doMiM. Um. Hi«i4eio#«KA MB *n» S«Mca a o»Afc4.. 2* e«»s«
amiMrn iHesi m-ifif ^tBunry nwr Btu. j- 4/4cg
i
ZtSKJt Ui*tU,» E£ ^ SMX MT* TM»
S4»c4r // as»ms 7»e ui^jn.m tJote/L, hcct%% ss aa Ov<n»v^ spw<*»»Ay.
TWO- iWganfcwAirig uJ<ux
i
VARIANCE required - extent of nonconformity
_____ lot Area____Setback Front___
Width
Side Rear
Other, explain LAkS, ^
Specify hardshlCps to property
I- .
BSOTA
on •
TYPE OF REQUEST
Subdivision $150+$5/to^
conditional Use $50 *
Invariance $50
__ Rezoning $250
Riprap $15 ($65)
pee ^ . /
Date Rec'd
By_________________________
Use 2^
3.L7CC?
s64e. e»s KtM )—
. 2f oe*«c •»-o
^Mjl X. t'tm0 -wt 4
e^ vif« s *ne«ei<e
14 5<y »4C4 4r/» Vf4» 4<Va
44 Ovmvg a3»»tfc»4y.
Side Rear
ai ttT>Je.jg 7c ^
CITY OP ORONO, MINNESOTA
Land Use Application •
.LOCATION OF PROPOSAL (or p
Address ^<go
l«9al Description ________
#'41 TYPE OF REQUEST
Subdivision $150*f$5/lot
APPLICANT tlameMk^£L 'T
Mailing
Address gp/S Oaoil^fiL.
Tel # an-l9Jl
OWNER Name 71 /e^^gLt
Mailing
Address aP/S “R £l-
Tel at»nniji
Present Zoning Lg.lP
Conditional Use . $50*
1^Variance $50
Rezoning $250
Riprap $15 ($65)
pee ^ , /
Date Rec'd
By _ _ _ _ _ _ _ _ _ _ _ _ _ __
Present Use
Zoning Ordinance Section Relating to Request 3).*7^0 » 34^Z09m
Specify 'Ordinance Requirements (^fr~ nl^ ^^1 7^ ll*
ii * *7T^
I. j.cs<^ucoi, aitu .Leaswns lut some fc SHSe. fc
Hi«i«e-te4AA Mb *n» Sct/ca 4 . Jb
iiTrlfif mp> ^BAurtFy TUB SjutTMtA HitJL X. 7» €Mtmm^€r 4
^ i -nseeAce
_____________________
4it»(iMoa Atf /9«p
JMft—ejusr/ATA__teerABWMA %oalx ^ , •me. »sck utccu.^ E£ ^ smx tem twm»
a Saut // AS««>a n»e uiAm* «.»igL. Access totu^ me. P*m am .
)
VARIANCE required - extent of nonconformity
Lot Area ____ Setback Front
Width
Side Rear
Other, explain LAkr CCif$4g.ig
Specify hardsh)tps to property
SUBDIVISION application Residential Other, explain
No. of Lots
CONDITIWIAL USE AND OTHER — explain proposed use of property in detail )
)
MINIMUM MATERIAL NECESSARY FOR CC»4PLETE APPLICATICm
(Must be submitted 10 days prior to Planning Commission meeting)
Application completed 5.
Plat map section
Certificate of svirvey of property
sketch location and setbacks of .
proposal
Construction plans, if applicable
DATE /$“> nr
Certified Property Owner's list of
•ovmers vithiTCjiSO*3 HM^)- from i
Hennepin Oo. Dept, of Finance
’A-603 Government Center
e
'Stamped, legal sized envelopes(#10)
pre-addressed to each of the names
on the above list.
\
DATE t- /< - *7 f
Applicant's Signature /fyi
Ihf^A^p 0. dk^dl
Applicant hereby agrees to provide all information required or requested by
the Zoning Administrator, City Engineer, City Attorney, Planning Commission
and Council necessary to process this application and further agrees to pay
all fees as established by ordinance.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5/78
HCB54
#4]
DEPARTMENT OF FINANCE
£ ^ A-603 GOVERNMENT CENTER
MINNEAPOLIS, MN 55487
PROPERTY OWNERS LIST >TNO^nr^C^
NAME ADDRESS
DESCRIPTION I
LOT BLK.PARCEL ■
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J '1 C*ftlfy^tfvit th« facu rvprf ^
on tMs cortificato art an acr i
Bfitad
irata
------1-------
and truf a|gratamaii6A of Ir f
Hon at it a^art this data < f
urm«-
«the
•neot6% ot the Haiui. Co. Hf i
nw.. to tht boat o« my kno««
inca
aofa
and bataf.
Hynn* Co. nfianoa^Oli^ tIon i
O.rJ/55^ By
TO:
FROM:
DATE:
Planning Coanlssion and Connell
Alan t. Olson, ViUsge Planner
September 1, 1978
#420
SUBJECT: «;“^"^toderson, 19*0 Shadywood RoadTheodore
"'"'"“ar ra°'’°H“p~potrs"to “et.^*'£l*B'io'’rar^rage.
:‘dringte c« wr-i «ea ”tnd
he bearooiu w*v,.. - jj4t-ion arc
Phe entire ^if^^tSrseSacS! ‘B'BItBBitWn'tlT^to
be maintained.
Variances required.
section 34.201 WVeshore setback
Required:
Proposed House:
Variance:
Proposed Deck:
Variance:
75 ft.
42 ft.
33 ft. -
3045 ft. - 607.
section 34.202 Lakeahore hardcover
^ — <
1654 sq. tt. -
a M Stated as shoreline TJ^I Iro^ sh
as possible.
shore
t f.-
; A
#420
i'i'.t o'* ..virvcy
To- n. n..< ••ivon
In .'li. ana 2,, ..ooa
iicimy ‘in Co ’^.l; , »J.r.n.ita
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nnc -IL 3S, - V:U“ .or-:, ^r, . Ir.'-.-.jo, -,f . _i o-in'-lr,. IvAluirt.f^
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75 to 250 f««t
from tho XdcoBhoro
250 to 500 foot
from tho lakoohoro
%y
500 to 1000 foot
from tho liilcoolioro
# 4:^0 >
taigbshore lAapcov^o cAixnnATi
hard cover
Including Drivowoyo
8.XZB
Allowed 7reoont Propoood
oq. ft.
«Z3 acres
Hfcfl ---
/A3 %
Am iq. ft.
acres 2594
30%
35%
pq. f^
acres
NAMEt
ADDRESS t.
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CIOY OF ORONO, MINNESOTA
Land Use Applicatioi •
/{ 1
4
t;
• I
I
(or property)
ibona /?j 7 ________.
] PirfiTU'^nio Alficeu
TYPE OF REQUEST
Subdivision $150^$5/Lfl
Legal Description LorlS ’^rSffjp-^^^ SAkh)t„r^^ ^ Variance $50
- jf ^/?fi<S<v/Tel ___ Rezoning $250
Mailing
Address _/9¥^4Aaf'Cii09iO ia/ ////AZiWr:j- Riprap $15 ($65)
CWNER Nane
Mailing
Address
dm^Tel #V7^fy</3
conditional Use $50
Present Zoning Lfl- tC^
PEE V^O- ^
Date Rec \d
By __ _
Present Use pgg.
Zoning Ordinance Section Relating to Request 2 ^ /
Specify Ordinance Requirements _no /»>/^ iA^xHun y^Pt' '
^*7 S' tyaa A ^ ^
^^Explain your request and reasons for same LT.<^ J^odf Qa/
£40^—OR—AuiAy 4A/>rr"CaA/ _
/h.A^ if-auc^JrXC/d^^Kj
\JBi caiSll^ Ajj/i r iAoiA^Ji
l7'VKRlhHC& required - extent of nonconformity
Aooms* At XXjrtB.
lot Area
Width
Setback Front
Other« epqplain
Side ___
jA-igg-
Rear
___________________________
e JA. -u ^ PA^4urf op j^trT To/^aSk
'9f.Z<£>r^^ rejox^ztte^or /CA«vwr/. »CS0 rrr Hoau jc'
£<^e^\itCTM TM^ PrcsrrXi^^ C.ra^£. i^r
AHC EtrtU U/tTU g/rgy-r^^Z^ KAt/ru ^^Oijr.r At L^dfr’ "Sa^AUO
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CITY OF ORONO, MINNESOTA
Land Use Application *
LON (or property)
TYPE OF REQUEST
Siibdivision $i50+$5/Lol
Address UiOn/Q ^ Ikjjfire ^ ^__T“
Legal Description 7^^
APPLICANT Name Tf4pnAoacr /^^/Sig^oi/Tel
y" Variance $50
___ Rezoning $250
Mailing ^ ■ .
Address PA/ (fJ^ P-ZM TA^ J^a /A^S<i W Riprap $15 ($85)
OWNER Name
Mailing
Address
Present Zoning
Tel FEE y5~C? ^
Date Rec
By ___
: Vd
LA.~ IC'Present Use Rgc.
Zoning Ordinance Section Relating to Request !5A, /
Specify Ordinance Requirements r-w-? r>i^ 7S~Pf^
/i‘A . Mu-> Ct^XlcL*^ \/iL^> *7^*^ riivilj \ih^ lO^____________
^x^Bxplaiii yotir request and reasons for s2une “fO A oA Oa /
rb AAiLiC OP rAon\^ 'f'Ae-^aairt/fx/ x/uoi/ui
AOO/fir A t 7J^/n^____
\) A a JA r.A0<nAc/)L_______________________________________
/''^VARIANCE required - extent of nonconformity
_ lot Area _ _ Setbacdc Front_ _ Side
Width
✓'Rear
Other« explain )»L-^ ^’HfAe£.-
Spe^Auyg: op /fftrr TcfUuu
Specify hardships to property q>iC Srri/<.tc. ps fJjJxQue^ To y#rr
GP fO^oApAry, At'So TAP Housa 7S 4<?r Tf*JS C/AArAg^a
^/g o/auhA iSfAir Ct/ej^\urTA TM^ Ptrp^rSijgi^ OPP- L^r LTA^^
At40'Pj^gjAL,jiU2JtmJSt£AS^£jd^—SjtltiXJLm—tdJ,AJk^—Q£m^iS£i^^>mmAjL-micJsAS^
SUBDIVISION application ____ Residential _____ Other, explain
"33 At/a Upfo
^7.oifcpf
cm/A
MO. of Lots
COMDITICBIAL USE AND OTHER - explain proposed use of property in detail
I:
'minimum MATERIAL MfiCESSARY FOR COMPLETE APPLICATION
1.
2.
3.
MECES
(Must be submitted 10 days^rior to Planning Commission meeting)
Application completed
Plat map section
Certificate of survey of property
sketch location and setbacks of
proposal
Construction tolans, if applicable
5. Certified Property Owner’s list •
• owners within (MBScf <ll50 ro»
DATE
DATE
Hennepin Oo. Dept, of Finance
A-603 Government Center
6. Stamped, legal sized envelopes(#
pre-addressed to each of the nam
on the above list.
Applicant's Signature Cp i MfAi^/iA^
Owner's Signature
Applicant hereby agrees to provide all information required or requested by
the Zoning Administrator, City Engineer, City Attorney, Planning Ccsomission
and Council necessary to process this application and further agrees to pay
all fees as established by ordinance.
5/78
^ MC554
i>#420
150'
DEPARTMENT OF FINANCE
A-603 GOVERNMENT CENTER
MINNEAPOLIS, MN 55487
PROPERTY OWNERS LIST
rov^ o
NAME ADDRESS
DESCRIPTION 1
LOT_BLK.
' 1
PARCEL
auinjurK
' r' /riiPftrVicC oAui V A)ooJ 30 >
' j
--------------------- ^
1
f^l^O S/l/tdt-J U. ft J <j
■>t ni:,\/ IH T’ “T-j ?//7420^
'*JVXJU\'1 C
/<//i Zna i^^ito. a/L‘J
^y ■/,in t /31 C80O
=ii>rKi a.i^dArl^
d (p. i, ^,A<'ly
^ ! • In »
/-,vr /:6,. '--V'’5^looo
L/ f7r,hi,'i 'j’.V
• ^Izoo
f: ^ A'V
h'iU < '- '/3^180\
Uci^X Cy. Vl^aJir/hA / ^ ^/it * ju //■
U a* j:> ^ fi'u S''-'^z"B7 80OO
’ J. y 'ao/Ym
i-tit/ '''JI u 1 it,u. J.■ -'J
j/Ul 38^3*5 8300
.-•.iI
■::v^_______
i
>^ L S Klo 121 C ( p'flL-t.431 50j'
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1 ^
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--------------------------------------------------
m
1 ccfWy that tha tacts represanted !
and tnie representation of Informa*
records of tha Hann. Co. finance
lO me uaVt Uf my anowieeao
•ntf 5alat.
•
•
«
r
j
i I
w
TO;
FROM;
DATE:
Planning Comnisslon and Covincil
Alan P. Olson, Village Planner
September 5, 1978
#422 I
SUBJECT;#422 Subdivision
D.W. JimmenHBl, 505 Willow Drive South
SKETCH PLAN REVIEW
Mr. Jimmer^ia is proposing to divide his property into four
residential lots. A new home has been started on the proposed
Lot 3 under Building Permit No, 3824, Issued August 4, 1978.
The permit was issued using the entire 12 acre parcel as one
building site. A conventional septic system design was provided
and approved on the proposed Lot 3.
Proposed Lots 1 & 2 each contain two acres of dry land plus
some existing farm sheds. The existing buildings are over the
proposed dividing line and/or within the required setbacks.
They are in poor condition. I recommend that these buildings
be removed prior to final plat approval.
Proposed Lot 4 contains 4.6 acres but most of this is designated
wetlands. The area south of contour elevation 940 contains only
1.39 acre of dry land. An additional .41 acre of dry land is in
the northwest comer of this lot, but is completely separated by
wetlands from the building site. I reconmend that Lot 4 be
expanded approximately 70' south so that the building site contains
at least 2.0 acres of dry land.
Access to all lots is questionable and will require review and
approval by the City engineer. Lots 1 and 2 front on Fox Street
in an area of poor sight distances. Access to Lot 1 is particularly
bad. It may be desireable to provide access to both lots from
Willow Drive. Lot 3 has an existing driveway which should be
located on the survey. Lot 4 fronts on Willow where a hill could
reduce visibility.
Sketch plan review should address the size of Lot 4, the access to
all lots, the existing buildings and the septic system suitaoillty.
y-
C* M iw ••I±Mf.4T
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CITY OF ORONO, MINNESOTA
Land Use Application *
LOCATION OF PROPOSAL (oi^ ^roper^)
Address
Legal Description
APPLICAJiT Name \lPr U'.
Mailing
Address }^^/0
OWNER Name &\aJ,-W
(P /
Mailing __ ^ -
AddreseT f^^/A Jycrt^^ti l'7cuP Uj
Present Zoning HtZ-\h
Tel #.
6^^
FEE
PE OF REQUEST
S\ibdivision $150+$5/Iot
m
%
Conditional Use $50
Variance $50
Rezoning $250
Riprap $15i$65)
i
Date ^c*d
By jl/Wy__________I
Present Use
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements _ _ _ _ _ _ _ _ _
Explain yo\ir request and reasons for seune
VARIANCE required - extent of nonconformity.
_ _ Lot Area _ _ Setback Front Side
_____ Other, e3q>lain _________
Rear
Width
Specify hardships to property
SUBDIVISION application ^ Residential Other, explain
NO. of Lots
CONDITIONAL USE AND OTOER - explain proposed use of property in detail
MINIMUM MATERIAL NECESSARY FOR CCX4PLETE APPLICATION
(Must be submitted 10 days prior to Planning Commission meeting)
1.
2.
3.
4.
Application ccanpleted 5.
Plat map section
Certificate of survey of property
sketch location and setbacks of
proposal 6.
Construction plans, if applicable
Certified Property Ourner's list of
owners witliin (300*) (150*)- from
Hennepin Co. Dept, of Finance
A-603 Government Center
Stan^d, legal sized envelopes (#10)^
pre-addressed to each of the nasies
on the above list^ ^ I
DATE .Applicant's Signature
DATE Oiw»er*8 Signature jO' ^ ^
Applicant her^y agrees to provide all Information rec^ired or requested by
the zoning Administrator, City Engineer» City Attome^^Plannlng Coomission
and Council necessary to process this application and further agrees*to pay
all fees as established .by ordinance.
1
.1
I
TO:
FROM:
DATE:
Planning Conmlsslon and Council
Alan P. Olson, Village Planner
August 31, 1978
#421
SUBJECT: #421 Rezoning Application
A.J. Tourangeau, 1960 Shoreline Drive
Concurrent with the subdivision application #4i4 and the conditional
use permit application #418, Mr. Tourangeau is requesting rezoning
of the service station property from B-1 to LR-IA as originally
contemplated by the City in the 1974 city-wide zoning realignment.
#421
• I •
• • -
1
« ••i
. ,-f ' •" * *• ; ** ; .
* » •» % *1
* I
CITY OF ORONO, MINNESOTA
Land Use Application ‘
LOCATION OF PROPOSAL (or property)
Address
Legal Description
APPLICANT Name A 'J IZU e c7^Tel Hu
Mailing
Address o C^/V77vf~z Pr^ f/
OWNER Name
Mailing .
Address 'ko Co C6'ur/i^'^ my
OP REQUEST
ivision $150+$5Aot
Conditional Use $50
Variance $50
Rezoning
_ Riprap $15 ($65)
FEE
Date Rec'd
By
Present Zoning LR* lA A &* I Present Use
Zoning Ordinance Section Relating to Request 3^«S'fO
Specify Ordinance Requirements p
Explain your request and reasons for same
n II r iM I iTi__MA
*i Rcffct.1 ^i»*l
VARIANCE required - extent of nonconformity
_ _ _ Lot Area _ _Setback Front_ _ _ Side
Width
Rear
Other, explain
Specify hardships to property
SUBDIVISION application Residential Other, explain
No. of Lots
CONDITIONAL USE AND OTHER - explain proposed use of property in detail
- ge.i,>*iiaig AfPlacajiso AtAbg
J^£CCf(/IAI6 COKfPiytCfJAL U^IL P>^
C^iwAjt9vy ffr ^^ics gTATio*J A^ Wf^uvJny
MINIMUM MATERIAL NECESSARY FOR C014PLETE APPLICATION
(Must be submitted 10 days prior to Planning Commission meeting)
1.
4.
Application completed
Plat map section
Certificate of survey of property
sketch location and setbacks of
proposal
Construction plans, if applicable
Certified Property Owner's list off
owners within (300*) (150')- from
Hennepin Co. Dept, of Finance
A-603 Government Center
Stamped, legal sized envelopes (#10)'
pre-addressed to each of the names ^
on the above list.
DATE
DATE
Applicant's Signature
Owner's Signature
Applicant hereby agrees to provide all information requi^d or requested by
the Zoning Administrator, City Engineer, City Attorney, Planning Commission
and Council necessary to process this application and further agrees to pay
all fees as established by ordinance.
5/78
D-134 Independence
A-3369 Orono This copy to -
Planning Commission
BEFORE THE MUNICIPAL BOARD
OF THE STATE OF MINNESOTA t I ^
Gerald J. Isaacs
Robert W. Johnson
Thomas J. Simmons
Chairman
Vice Chairman
Member
IN THE MATTER OF THE DETACHMENT)
FROM THE CITY OF INDEPENDENCE )
•AND THE ANNEXATION TO THE CITY )
OF ORONO )
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER
On June 21, 1973, the Minnesota Municipal Board received resolutions from the
City of Independence which requested tne detachment of certain property and the City
of Orono, which requested the annexation of the same territory pursuant to Minnesota
Statutes 414.061•
After review of the resolutions, the Minnesota Municipal Board hereby makes
and files the following Findings of Fact, Conclusions of Law and Order.
FINDINGS OF FACT
1. That a resolution supporting detachment of certain properties was received
from the City of Independence and a resolution supporting annexation of said property
was received from the City of Orono.
2. The resolutions contained all the information required by statute including
a description of the territory proposed for detachment which is as follows:
That part of the Southeast quarter of Section 36, Township 118, Range 24,
Hennepin County, Minnesota described as follows:
Commencing at the Southeast corner of said section, thence westerly along
the South boundary of said section 50 feet, thence northerly on a line
parallel to the easterly boundary of said section a distance of 1,170
feet, thence easterly on a line parallel to the southerly boundary of said
section a distance of 50 feet, thence southerly along the easterly boundary
of said section l,170^more or less to the point of beginning.
3. The area proposed for detachment is situated within the City of Independence
and abuts the municipal boundary of the City of Orono.
CONCLUSIONS OF LAW
1. The Minnesota Municipal Board duly acquired and now has Jurisdiction of the
within proceeding.
2. An order should be issued by the Minnesota Municipal Board concurrently
detaching and annexing the area described herein.
ORDER
IT IS HEREBY ORDERED: That the following described property be, and the same
is hereby detached from the City of Independence and annexed to the City of Orono,
the same as if it had originally been made a part thereof:
That part of the Southeast quarter of Section 36, Township 118, Range 24,
Hennepin County, Minnesota described as follows:
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35.400. B-5 Limited Neighborhood Business District.
35.401. B-5: Purpose. The B-5 limited neighborhood
business district is intended to provide a district for
businesses that supply commodities or perform a service
primarily for residents in the surrounding neighborhood,
which businesses are not high traffic generators and do
not necessitate an inordinate amount of hardcover. The
district may adjoin residential districts or other business
districts which ar*' c^bject to more restrictive controls. ^
The district shall have inunediate
access to adequate highv;ays and public sanitary sewer. Be
cause of the location of the B-5 district as contemplated in’
the area known as Navarre in the City of Orono, the uses are
limited in order to limit the hardcover in that area and to
limit the future generation of traffic for that property in
that use district since there is already a traffic problem
in Navarre.
35.402. B-5: ^Application. All applications for a
building permit in any "B-5" limited neighborhood business
district shall be reviewed by the council and referred to
the planning commission for review.
35.410. B-5: Permitted Uses. VJithin any "B-5" busi
ness district, no structure or land shall be used except for
one of the following uses or uses de^cd similar by the
council:
Municipal buildings
Offices
Clinics
Art and school supply store
Book and magazine store
Office supply store
Banks, loan compai^, insurance con^any, real estate office
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Barbershop, beauty shop
Camera and photograph supply suore
Locksmith
Hobby shop
Gift store
Glassware and pottery _
Antique store ‘
jcv/elry store
Watch repair
Library
Museum
Record shop
Music store
Tobacco shop
Galleries
Pet shop.
35.420. B-5: Conditional used^for^one -
SrtSriono^inrises Ifceprs conditional use permit:^-
Candy, ice cream, popcorn, nuts, frozen desserts,
drink store
•Drycleaning store
Pressing^'and shoe shine shop
Sunir? and cleaning pick-up stations
Home and garden equipment rental
Veterinary clinic
Kennels.
p»-streetParXi^ f “t
the principal %istrict and ’is in the same
ronSSonTSf liu-nl tSe^^iiJ'council.
... a.. n-.Kifr. s<hrvicc structurcs. Including,
:ffl*tSSSl:?"!h;“Sulns"rnrelcctr?c power .uhstationa.
3S.430. B-5! foiwnr«ershau”br‘*Neighborhood Business District, tnc loxxo^tx ^
permitted accessory uses:
n.; Garaqcs, etc. Private garages, off-street park-
ing .”’J«Ainripls557-« regulated in the Zonrng Code.
35.432. Signs. Signs, as regulated in the Zoning Code.
n>r.n.porarY Buildings. Buildings temporarily
for Durposes of TOnstrOHtion on the premises for a
peri^of not to exceed time necessary to complete said
construction.
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35.434. wn5S«Ei2a- ^“"^esul-tca in the tonln, Coie.
Fences. Fences, processing35.435. - - - repair or pi•»r 4 35, Fences. Fences, a _tr or processing
s s‘4ts;
35 437. PublicJeleEhoneJootJL.- Reaoire;!
35.440. « non
2ents_and_Des^- - - -; ' *'''—-• 20,000
35.441. The minx^u. lot sx
square feet . n
feet.
rieet: . . „ lot «iath shell be 100The ininxionTn 1
35.442. ^fitmSai-
..uaTl be
20 feet.
35.<ieo. ---------
j The minim's" rest ^”^,*^“^15 teet: ,11 444 near Veras. The ml ^ „ict shall be 1
30 fe^t-, slae y5if^®2^t “he?l be 10 feet.
«"e y«a eaiacen _ _ _ ..,11 be,iae y«a eaiecent to street -“f ^^ny
35 445. SetbechR«3H^|^^;t line, 35 feet
neeref;iin ibSUinl e«or.s
file III iSe' eaiecent 10^^' „o b»iiain9 shell be
4® lot line.
““ s:u >:HEC
s«”“ “St;rs>.’ffi4-3r.su.™ u.„ .3-•i-?SreS^ttin0 lines
l!teretlon or enl»r|^^f ,ollo«lng stenderas:
tifaistrict shell meet
f,..«eVios on a*»i r'“
tirStsiriot Shell meet tnc
,3, nil exterior wall finishes
^1) Face bricX, or
12) Batarel stone, or
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^2) Beturel stone, or .„„ete units if
<31 l^tto?rurtreetcd with an a?pU
•"lr.riv^;:terlel or texture, or ^_ _ _^
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(b)
(c)
finished metal framed
any of those noted in '‘® P®"°1 materials hf
-na <a, (3, abov°e ‘r (-> «K ?aH2,°f
fS) Other materiAi^
combinations of eech ma%:?Lu Igjfrbf
ihl ®“*’®®?“ent additions and P®nmrtted.
oonst^u|Jcd"of*„a?erlif^"*^ *’“iWli“o?®buil3r'“°***original cons trJ^n^f =°'"Parable to «*>aH be
forming^wl^S'r^J^'^Jon and shall be dellg?:!".;;?®' «>®
appearance. ^ginal architectural de^'i manner ccn--9n and general
™alMali;d‘upon"hl'’*'"“^®“ ‘'«iler,
“i^sf^r^ii^lfff'tha? «s"ul?s^®i“ wa%er®^°‘’®"
«nn"rnr^rss£“? s\"ali
"•'/ be ?e^ed to K*""* ‘^““"cil f« aonton^^*®^®" •» theJrl"
o ‘“n °vcr the ««ri??*^tld^Sy"’fJe®g|;fi||"haJ^^^^
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panel eons ‘’tl*"'* finished jnotal framed
ciLi°^tronTiri^ii ‘^o-cii.
‘O All subsequent addin Permitted.
the erection ^ and outbuiiri,*
constructed of naterli?^"*^ i'uilding or®build?*^*^“°*®* after original constrnoi-i^^*^* oetparable to shall beforming-and ®»®a be delig^^r "®f> in the
appearance. 9^"®! “"’^‘'“fntal^def-ig^^n”^;;”^^"-
) No building or stnir^f-
u.n..,
^5*448* 1 rt * 9^ •
fii^sr «osiC"”“l*!'"'’?° «®nlS"i “ wa%^r"^°''*^ *”*' "»
l>e reviewed by the rff^ Council and "ft, in
-e%'
Ction over the area af?lct^* S““.®9encies^h,"„“^^^
ill
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