HomeMy WebLinkAbout04-07-1980 Planning Packetr t «»••• •!«. C> «4I
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. V. *AGENDA
PLANNING COMMISSION MEETING
MONDAY, APRIL 7, 1980
COUNCIL CHAMBERS 7:30 P.M.
CALL TO ORDER
1. Call to Order/Roll
ACTION ITEMS
2. 1538 Carol Moore/Richard Hawkinson, 4701/4625 West Branch Road
PRELIMINARY SUBDIVISION
3. #539 James Rivers, 1440 Shoreline Drive - REZONING
4. #542 Don Udell, 1210 Loma Linda Avenue - VARIANCE
5. #54 3 Loren Butterfield, 3925 Watertown Road - CONDITIONAL USE PERMIT
6. #548 Milton Seifert, 1856 Shadywood Road - VARIANCE
7, #549 C. Arnold Carlson, 855 Forest Arms Lane - BUILDING PERMIT REVIEW
8. #550 H. R. Johnston, 925 South Willow Drive - LAND TRADE
WORK SESSION
9. #544 Fred Ryeui, 1345 North Arm Drive - VACATION
10 #547 John D. Albers, 1111 Tamarack Drive - CONDITIONAL USE PERMIT &
VARIANCE
APPROVAL OF MINUTES
11. Meeting of Mai'Sh 17, 1980
INFORMATION ITEMS
12. Comprehensive Plan Review for City of Long Lake
13. Joint Planning Commission/Park Commission Meeting with
Gunnar Isberg on April 8, 1980 at 7:30 P.M.
14. Marina Committee Meecing - April 9, 1980 at 4:00 P.M.
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AMI IISK HI ANN I NC;TTirnrrrT •«*« •*•«-
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City Of OronoL Mhnesota i-iTtsr-fe- A S' Ps-
AMI IISK HI ANN I NC;hVUlUIT 1
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TO:
FROM:
Planning Commission and Council
Jeanne A. Mabusth, Zoning Administrator
#53
DATE:March 31, 1980
SUBJECT: Carol Moore/Richard Hawkinson, 4625/4701 West Branch Road
SUBDIVISION (#538)
•
Access Location - Staff reviewed the points cited in the Hennepin County
Highway Department letter received February 26, 1980 with James Wold
and Les Weigelt of that department. It was their opinion that the
existing access is acceptable for the three lot division. They questioned
the existing access only if the proposed road is to be used as a "main
connector" city road.
Septic Information - The on-site manager advises in his memo that final
plat approval be held up until the necessary septic testing is completed
this Spring providing the following information:
1. Proof of suitable area for drainfield expansion for two
existing structures.
2. Additional borings and full set of percolation tests for newly
created lots.
Staff recommends preliminary approval based on the following conditions:
1. Additional septic testing submitted and reviewed before final
approval of subdivision.
2. Existing access approved for three lot subdivision by Hennepin
County Highway Department.
3. Plat road to be designated as a 50* wide outlet with gravel base,
5 ton capacity - City to acquire underlying road and utility
easement.
4. Dedication on the plat of right of way for the following roads:
a) 40' West Branch Road
b) 30' Highview Lane
5. Flowage and Conservation Easement over the designated wetlands.
6. Variance - Setback of animal barn
Lot 2 Lot 3
required:
proposed:
150'
70'
required:
proposed:
150'
130'
Variance:80'Variance:
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■ANII IISK jA NN I N«;H X H I K I I' 1 '.r'ssx;
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TO:Jeanne A. Mabusth, Zoning Administrator
FROM:Michael P. Gaffron, On-Site Systems Manager
DATE:March 31, 1980
SUBJECT: #538 Carol Moore/Richard Hawkinson, 4625/4701 West Branch Road
SUBDIVISION
Based on a phone conversation with Gary Rathbun, Site Evaluator and
Soil Scientist with Hokanson Anderson Associates, the soils on the
two new lots to be created in this division will likely be suitable
for a shallow trench system on the Moore site and a mound on the
Hawkinson site. This information is based on preliminary soil borings
done by Rathbun on the sites in March. Further borings and a full set
of percolation tests will be done later in the Spring, according to
Hawkinson. I would suggest at this point that preliminary approval be
granted with respect to the septic testing for these new lots, with
the stipulation that no final approval be given until the testing is
complete and drainfield sites are approved.
The Hawkinson home had a new septic system installed in 1978 which is
functioning correctly. The existing lot has eunple area for future
drainfield, although a site should be tested. The Moore home is
approximately 7 years old. The existing system on this lot will be
inspected as soon as possible, and likewise a future drainfield site
should be tested.
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■ rZZTK ANII list-. HI ANN I NU »• « M I M I f- I
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TO:
FROM:
DATE:
SUBJECT
Planning Conunission and Council
Jeanne A. Mabusth, Zoning Administrator
March 28, 1980
1539 James Rivers, 1440 Shoreline Drive - REZONING
At the last meeting. Planning Commission again reviewed vhe environmental
concerns for the Windward Marine lots and surrounding <ire.*4. If a complete
rezoning was granted, a severely limited piece of property would be over
burdened with additional demands. Two alternati^’e solnticns were suggested.
One considered a limited rezoning that would allov* re-*??*'' al ac..iyity on
the Browns Bay side by rezoning only parcels A, B /i:*' e Exh .bit 2).
The other position suv^qested granting a conditionai rmit recognizing
the non-conforming use and allow a limited marina o: .a.’n in lesidential
zone. In this approach, tiie City will have "contir.lo: *'- ;.on;x.jl over the
commercial activity of the subject property (parcel.'' . B, C D, & E^ .
I have enclosed some additional pages for your infori.>"*tip;» on conditional
use permits and rezoning applications taken from Cii*/ zoning Administration
& Procedure Guide.
Review of Marina Site Plan - Review your copies cf the L.M.C.D. Ordinance
and Section 73 of the Orono Municipal Code on commercial docks.
Total Slips: 119
Parking Stalls: 6 stalls per 10 slips
Required: 72
Proposed: 77
Setbacks:N
South Side Setback
A. Tanager P. Browns Bay
Required: 20'
Proposed: 40'
Required: 20'
Proposed: 35'
North Side Setback
A.Tanager
Required: 40' to 60'
(relati'^e to size of boat
& opening of slips)
Proposed: 25'
B. Browns Bay
Required: 40'
Proposed: 20'
Please review Exhibit 3 - Section 3.02(a) according to this statement.
Is Mr. Rivers allowed 200' of dock length or 100'? The site plan shows
the new docks to be 200' in length.
According to Exhibit 5, the tax rolls describe the Born property as running
from Tanager to Browns Bay. The subdivision was never approved by the City
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AMI IISK PI ANN I NU r I-XHIRI'T X _
3.011# Subd. 2 (Rev.)
Subd. 2. Purpose. It is the ^“jPj?the°enabling act to
-‘u^rtre^^lfetrp;?^^ Tul c
?“"tijla?tora ‘SVa?^tenrn?/oi;r^™anent^an^^^^
r,t‘Snnda;arel?abirshed;by orher go^
chapter. (Ord. No. 18, Sec. 2)
3.02 GENERAL ■’EMULATIONS; Subdivision^! ..^£r|^it^;
person shall use any area koa«- ‘Storage# swimming floats# ski
3“on “fagrofdivinr?oie?l:
permitted under the provisions of the chapter.
Subd. 2. Authorized Dock Use__Ar^. An authorized dock use
area is described as follows:
\ T onnfh — The authorized dock use area for sites
w • • Lake extends into the Lake a distance equal to
^h'“si«\ake f^ntale Jo be measured at right angles to the sioe
‘iJ. iJms Jjd eJcJot as provided herein, shall not extend into
Jhe Lake a distance if greater ^han 20U p.t i„
c^TT"rfd7 lines as extended into the LaTT^
a‘’'l r“i^s I j^je^jmirh
pJeJ«iUd%«ein.' The setback from side site lines as extended
in the Lake shall be as follows:
For that portion of the
length of the authorized
dock use area which extends
from the shore_ _ _ _ _ _ _ __
Zero to 50 feet
50 to 100 feet
100 to 200 feet
The setback shall be
10 feet
15 feet
20 feet
Where boat slios open toward a si°? site line, the setback
• A^A ehai 1 ‘ be“aT'Iea'st' equal to the slipoepth, but shall not
be°less than 20 feet. Setbacks shall be doubled for all multiple
^!-i.- - -prh^hrinn ar«i;g^ and r Q--e r c 1 d 1 c PC k s on each side wh£l.e
X53___AMI IISK HI ANN I Ni; T ^ X M I H I I'
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#539 3.02, Subd. 3 (Rev.)
^oclc^or 1°^ sec?^2) '
‘'Tum/b. ExceEUols^Jlo^*^
Areas.
a) , Two or more site owners^may^by^^^^^
agreement, use areas for a single common dock
their combined authorizeo ivate uses, but in any
or mooring area for their P requirements at the outer
event, must observe these side setbacKq.^ ^ ^
site lines of the constructed, installed or
dock or mooring area » shall not be consic-*red a
maintained under this , unless such dock or mooring area
-multiple dock or fo^. the storage of five or moreis constructed or maintained for tne y
watercraft.
b) A site in existence than^So'^feethave
lake frontage of 40 ^®®t or mo lake. Any such site
a dock extending up to 6u f feet may have a dock
which has a ^'^^"^he^authorized dock use area to the P°i"t
which extends beyond the a , three feet, and no further;
necessary to reach « water located or extended more than
provided that no such cide setback reauirements shall be
tbse::ed!"Sowrver!^uniesrl%ariance is granted by the Board
under Section 3.04.
C) The authorised dock use be
feet V. viath rUmUaUon of Hve^e4tf orivid^o that
Sirtftba?k*if way impairs access to neighboring docks.
d) The length limitations Sfto
be adjusted under the '’“i®",of a dock in the lake to a
fafr aeptfSfftef?eet at the of^ef the
fonmfnfarfualftrotffufa'l habiLt of the water adjacent to
the dock.
el k 2S-foot addition may be allowed at the °“tet end of
commercial dock tor the || ftfcraft or rental
irdock'sfaf (AS Amended, Ord. No. Id. Sec. 3)
c 4 structures Not to Obstruct- No dock, mooring, or
other sttuctutelh-iirb-rso located as to obstruct a navigable .i
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GRATHWOL & OBERHAUSER
O NCILL J. GRATHWOL
100B-1974
ATTORNCYS AND COUNSELORS AT LAW
1421 E. WAYZATA BOULEVARD - SUITE 210
WAYZATA. MINNESOTA 55391
(612) 475.2401
JAMES N GRATHWOL
LOUIS B OBERHAUSER
ROBERT K RANDALL
JOANNE THATCHER SWANSON
JOHN W. HENDRICKSON. JR.
CAROL MASOEN FORNANOER
TIMOTHY O. GRATHWOL
March 18, 1980
City of Orono
P.O. Box 66
Crystal Bay, Minnesota
■CITY OROhfQ
Attention: Gene Davis Re:Janes P. Rivers
Our File 5544-3
Dear Mr. Davis:
The memo from the City Council regarding their recollection of Mr. Rivers'
activity concerning the property in question does not correspond with Mr.
Rivers' recollections.
When Mr. Rivers decided to purchase the property from Mr. McMahan in
1976, he verified with the city the commercial use of the property. There
after, he applied for a building permit for the purpose of doing some re
modelling work on the residential unit that is currently being occupied by
himself as his home. The City of Orono is considering granting a
conditional use permit or variance from the provisions of the B-2 ordinance
which prohibited residential property In a B-2 zone. This whole proceeding
was processed by the City of Orono with the understanding that the property
was in fact Zone B-2. At no time during the proceedings did Mr. Rivers
ever request that the property be rezoned to residential, but did agree that
there would be no commercial activity from the shoreline in front of his home,
such as the construction of a new commerlcal dock and that he would not store
boats, etc., on the surface of the property, but that the same would only be
used for the purpose of overflow parking and to meet the parking requirements
for the number of slips he was currently licensed for.
I feel that Mr. Dudley Russell said it best at the public hearing when
he stated that the property has always been used commercially, that it should
be zoned commercially to conform with its current use that a residence occupied
by a manager or owner of a marina would be a desirable situation, that the
property that currently exists where the Windward Marina is located would not
be suitable for residential use, that Lake Minnetonka needs a certain number
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ANII IISK PI ANN I NU h XM 1 H.i:r zx
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#539
of marinas and that the property in question is Ideally suited for this use
and that Mr. Rivers of all the operators on the lake, attempts to run the most
legal and well-organized operation from the standpoint of trying to comply with
city law.
Yours very truly.
LOUIS B. OBERHAUSER
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MAR :i^b 1980
^ITY OF ORONO ^
Mr. David J. Duff
1A20 Shoreline Dr.
Wayzata, Minnesota 55391
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
Commercial Classification, or the rezoning of this property from its
current designation as lakeshore residential to lakeshore coianerclal.
The property in question would be the property lying southeasterly
of County Rd. 15 from the south side of an easterly extension of my
southerly boundary line and the property lying on the west wide of
County Rd. 15 from the southerly boundary of the Born property.
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DAVID J. DUf^’
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rsi_JF=^AMI IISK PI ANN INI.
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#539
Msrch 28, I960
Orono City Council and Marina Committee
P,0, Box 66
Crystal Bay, Minnesota
Gentlemen:
We would like to express our concern about potential
actions that could jeopardize a number of boat slips,
including ours, at Windward ;<ftrlne.
We purchased a 2l\. foot, untrallorable boat last Spring
contingent upon being assigned a slip at Windward,
As a seven year resident of Orono, it has been our
dream to have a boat on the lake, especially just a
few blocks from our home, V/e were hindered last
season with the County rtoad 1$ work and the construction
of the Tanager Bridge,
1^, & Mrs, Rivers are selective in regard to persons
renting docks and made 11 clear to us that they
expected non-rowcy behavior and that offenders would
immediately lose their slip. We purposely chose ^
slip nearer their home and the shore for security
purposes. We experienced no vandalism last summer
which vjas not true at other marinas.
We *re sure the action, as we understand it, would
drive the Rivers out of business and leave us in an
untenable position, without being able to use our
boat and have access to tne lake.
We respectfully request that no action be pursued
as the marina has been a part of the Orono lake
scene” for many years.
Sincerely,
Tom !c Marty HcCune
2150 Shevlin Drive
Orono, Minnesota
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commonly shared by other property owners. Vari
ances are normally limited to_heiqht, bulk, density^
and yard requirements and .are not to be used to
’allow a use of land prohibited by the zoning ordi
nance.
Conditional Use (or Special Exception)
These are uses which may be permitted within
certain zoning districts if it is found that they meet
specified standards and are not detrimental to the
district. The zoning ordinance must contain a list of
uses permitted as "conditional uses" within each
zone. Ti*e zoning ordinances should also contain
explicit standards which the conditional use must
meet in order to qualify for a permit. The standards
must insure that the conditional use is permitted
only when the public convenience and welfare will
be served and the* appropriate use of neighboring
property will not be substantially or peimanently
injured.
In most cases, requests for one of these functions
begin when a landowner asks for a permit to do
so.iiething which the zoning ordinance does not
allow. When confronted with such a request, the
zoning administrator must refuse to issue the permit.
■ ■ i
The zoning administrator should then explain to the
landowner the alternatives which exist and give
advice regarding* the proper zoning function and the
likelihood of such a request being approved
The landowner then must decide from the follow
ing:
Appeal the decision of the zoning adminis
trator to the board of adjustment;
Apply for the appropriate zoning function; or
Stop action entirely.
On the following pages, each of three zoning
functions is discussed in detail. Particular emphasis
is given to the procedures and the roles and respon
sibilities of the different organizations.
One word of caution: the procedures described
are consistent with the Minnesota Planning Act
(M S. 462.351 - 462.364). However, the Act per
mits a certain amount of flexibility. Therefore, the
zoning ordinance in force in your city should be
consulted and compared with the procedures in this
manual. Where there are differences, your zoning
ordinance should be followed ... or changed. If
there are legal questions, your city attorney should
be consulted.
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ZONING ORDINANCE AMENDMENTS
> V U I H I T 1____
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1 ZONING ADMINISTRATOR
ZONING
ADMINISTRATOR
Applicant wishing to petition for a zonirtp amend
ment requests proper form from zoning adminis
trator (Form 4). The zoning administrator should,
however:
• Explain the procedure required by the city
for processing a zoning petition and informa
tion required..
• Advise the applicant that a rezoning is not
automatic and that a great deal of time and
mont ; will be expended.
• Attempt to find out the nature of the request
and the possible grounds for granting it. Where
it seems that the request will be lacking in
justification, the zoning administrator should
point out the difficulties and attempt to dis
courage the applicant from submitting a re
quest.
The zoning administrator cannot refuse to accept
an application, and if the applicarl wishes to pro
ceed. the administrator will:
• Check petition for accuracy and completeness.
• Collect filing fee.
Note: Certain portions of the amendment procedure
are required under Minnesota state law, while
other portions are optional and can be re
quired under the city zoning ordinance.
CITY COUNCIL
'h ' ;
The petition for rezoning should be filed with
the city council in the same manner as other re
quests for governmental action.
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AMI DhL riANNINC;
3 PLANNING COMMISSION
• Petition for rezoning referred to planning
commission.
• Schedule date for public hearing.
• Notice of the time, place, and purpose of
public heating given by publication in news
paper of general circulation at least ten days
before hearing (Form 5).
• Notification of adjacent property owners
(Form 6).
• Notification of other agencies (Form 7).
• View the area being considered in the field
with zoning administrator.
• Arrange to have maps and other exhibits at
the public hearing.
4 PLANNING COMMISSION Public Hearing
'^'‘COMNHSSION
The meeting should be opened precisely at the
time advertised in the notice.
The presiding officer should conduct the meet
ing and exercise all authority in order to keep the
meeting running smoothly and to the point.
An accurate record of the testimony is essential.
The secretary will summarize accurately the testi
mony presented and have a record of the names and
addresses of all persons who participated in the
meeting.
The presiding officer should present an opening
statement explaining the purpose of the meeting and
make general guide rules for the conduct of the
meeting. A suggested statement might be:
The public hearing, in accordance with the
official notice, is now in session. In order to
conduct the hearing within reasonable time and
to keep it on the subject at hand, you are asked
to observe the following rules:
• Any person with legitimate interest may pre
sent his or her views to the commissiort.
• Those who favor the proposed change will be
heard first, and those opposed will be heard
last.
• Each person making a statement will be asked
to give his or her name and address.
• Please refrain from repeating what has been
said before you, and please do not involve
personalities.
• Be as factual as possible.
• The commission reserves the right to question
any speaker.
• All statements or questions must be directed
to the chair.
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"The commission may table this matter to allow
time for review of the facts and/or to obtain addi
tional information. If the decision is not made today,
additional notice will not be given when this matter
is again on the agenda.‘
♦This is a standard format for a public hearing and
should be followed whenever a public hearing is
held.
5 PLANNING COMMISSION
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PLANNING___
COMMISSION
The planning commission's recommendation will
be consistent with the best interest of the city and
will be based upon fact, not opinions. Decision
based upon:
1. Staff or consultant findings and comments.
2. Fajts brought out in public hearings.
3. Physical inspection of property in question
by members of the planning commission.
The following items should be considered in
reachirig a decision:
• Is there a public need for additional land
space to be zoned to the class requested?
• If there Is a public need for additional land
to be zoned as requested, should the rezoning
be done in areas requested, or would the
public Interest be better served if the rezoning
were done in other areas of the city?
• Would the granting of the rezoning request
conform to the presently accepted future land
use plans for the city as well as present land
uses?
Would the granting of the rezoning request
adversely affect property values of adjacent
landowners to an unreasonable degree?
Would the granting of the request impose
other undue hardship on adjacent landowners
such as noise, electrical display signs, odors,
or other nuisances?
If the request was granted, would the neces
sary utilities be .available to serve the purpose
intended?
If the request was granted, what additional
public services would be required?
Could the planning commission suggest an
alternate area for use that would eliminate
the necessity for rezoning?
Was there an error or oversight in preparing
the original zoning map which indicates that
this zoning should have been included at that
time?
Is this change really needed by the public, or
is it merely a convenience to the owner?
T--’AMI IJSb ^^lANNINC;4. V W T
^ CITY COUNCIL
CITY COUNCIL
Ll
Public hearing not required.
Although the city council has the option to call
another public hearing, it can be an imposition on
those who have already presented their point of view
at the public hearing of the planning commission.
If the city council members wanted to hear the
testimony first hand, they could attend the planning
commission public hearing.
If the city council does not accept the recom
mendation of the planning commission, it would
probably be desirable to hold another public hearing.
IP APPROVED
Y CITY ATTORNEY
Prepares proper resolution to be adopted by city
council (Form 8).
3 CITY COUNCIL
Officially adopts ordinance change.
Certified copy to register of deeds.
7 ■
*
ll___
ZONING ADMINISTRATOR
Makes map or ordinance change.
IF DENIED
No request on same property will be considered
for rezoning for at least one year. (This must be
stated in the zoning ordinance in order to have
effect.)
OPTION IF DENIED
DISTRICT COURT
Decision of court will be based on whether the
city council acted properly according to its own
rules and ordinances and state and local laws.
City attorney will represent city.
'.V
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17==^4.AMI Uhh Pi ANN I Ni;k V U I P T —T
CONDITIONAL USE PERMIT PROCEDURE
mm
V
I ZONING ADMINISTRATOR
ZONING
ADMINISTRATOR
A person desiring a conditional use permit should
contact the zoning administrator.
The administrator should explain:
• That a conditional use permit can only be
granted when facts and conditions detailed in
f -finance are found to exist.
• * rit p'^ocedure followed and the information
required for processing an application for a
conditional use permit.
An application for a conditional use permit
(Form 9) and required site plans are filed with the
zoning administrator.
The zoning administrator reviews the application
form for accuracy and completeness and checks ac
companying material for the following information:
• Plans drawn to scale, showing parcel and
building dimensions.
• Curb cuts, driveways, access roads, parking
spaces, and off street loading areas.
Existing topography.
Finished grading and drainage plan.
Sanitary sewer and water plan.
Soil type and soil limitations.
Landscape plan.
Other data required by the zoning ordinance.%
2 PLANNING COMMISSION
PLANNING
COMMISSION
Application for conditional use permit and related
material referred to planning commission.
• Schedule date for public hearing.
• Notice of the tinie, place, and purpose of
public hearing given as required in the zoning
ordinance.
• Notification to applicant.
• Notification to adjacent property owners
(Form 11).
• Notification to other agencies (Form 7).
• View the area being considered for a con
ditional use.
• Arrange to have maps and other exhibits.
I Alum INI*L Ull I
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3 PLANNING COMMISSION
Holds public hearing (see page 17 (or format).
in^PLANNING
COMMISSION
The recommendation of the planning commission
will be based upon how the application meets the
conditions specified in the zoning ordinance and the
potential effect the proposed use will have on the
comprehensive plan and development of the area.
Conditional uses must:
• Be expressly identified in the zoning ordi
nance.
• Conform to the conditions enumerated in the
zoning ordinance.
• Nrt be injurious to the use and enjoyment
the uses already permitted in the area.
• i.oi impede the normal and orderly develop
ment and improvement of the surrounding
vacant property.
• Have or will have adequate utilities, access
roads, drainage, and other necessary facilities.
Assure sufficient off-street parking and load
ing space ro serve the proposed use.
Assure that adequate measures will be taken
to prevent offensive odor, fumes, dust, and
noise so that none of these will constitute a
nuisance.
In its recommendations to the city council, the
planning commission may suggest additional con
ditions to those imposed in the zoning ordinance.
Note:An optional approach may be for the planning
commission to approve the granting of a
conditional use permit automatically, without
referral to the city council, when the con
ditions, exactly as stated in the ordinance,
are found to exist.
4 CITY COUNCIL
CITY COUNCIL
• Findings and recommendations of the planning
commission, including any additional condi
tions to ba complied with, forwarded to the
city council.
a Public hearing not required. If the city council
does not accept the recommendation of the
planning commission, however, it would be
desirable to hold another public hearing.
City council will approve or deny the applica
tion for a conditional use permit. The city
council may add conditions to those recom
mended by the planning commission or may
delete or modify the recommended condi
tions.
• i
■m2.
rz=r\ANII IISK PI ANN I N(;
jll?’
S'-
\ ■ .■
TO;
FROM;
Planning Commission and Council
Jeanne A. Mabusth, Zoning Administrator
DATE;March 28, 1980
SUBJECT: #542 Don Udell, 1200 Loma Linda Avenue - VARIANCE
I. Status of Violations
Thomas Jacobs signed a formal complai cfl^-i.*x»st Marvis Oberg on
March 26, 1980 for unlicensed car at Loma Linda Avenue.
II. Review of Zoning "Irregularities'* (Refer to Exhibit A)^
1. 82.040 Public Nuisances Endangering Peace and Safety. The
following are declared to be nuisances endangering public peace
and safety;
(b) The piling, storing or keeping of old machinery, junk
or debris.
(c) The unhoused storage of pipe, lumber, forms, machinery,
old unlicensed, wrecked or junked cars or car bodies,
other than occupational materials.
Areas A & B - the parking of unlicensed cars in Area A. The
outside storage of building materials (pallets),
machinery, junk, etc. in Area B.
2. 37.120 Exterior Storage in *'R" Districts. In all "R" Districts,
all mobile materials and equipment shall be stored within a building
_ _ _ _ — _ _ - _ _ _ _ _ _ ^ ~ Mor fully screened so as not to be visible from adjoining properties^
except TOats and unoccupied trailers less than 20 feet in length, which
are not stored for commercial purposes, if stored to the rear of the
house and a distance of 10 feet or more from any property line.
(Amended Ord. 172, 12-19-74, effective 1-1-75)
The storage of mobile home and trailer within 15’ of the
public right of way - Area B.
3. 38.300 Required Off-Street Parking Where the principal use of
the structure served is as listed, theminimum parking facilities
(open or enclosed) shall be as shown;
38.301 Single Family Dwelling - Two per dwelling unit.
Area A - the rental cabin does not have two parking spaces off
the public right of way. Area C - does not have a defined o:f
street parking area.
» .f
AMI JISJL i:'! AriN Lfclii ____h KHJ.Hi t’ 1.. _________________F
March 28, 1980
Don Udell
#542
Page 2
4. 38.201 R Districts Within all "R" Districts all vehicles normally
owned or kept by the occupants on the premises must have a garage stall
or open parking space on the same lot as the principal use served.
Garage stalls accessory to residential structures may be located anywhere
on the* lot other than a required yard area except that such garages may
be located to within ten (10) feet of an interior side lot line and to
within ten (10) feet of a rear lot line subject to Section 3l.300tt.
Open parking spaces on lots must have a location other than a require
yard except that such parking may be located in a rear yard to within
ten (10) feet of an interior side lot line and to within ten (10) feet
of a rear lot line.
Area D (Lot 3) is not combined with Area B (Lots 4 & 5) . Ordinance
requires that these lots must be combined.
Staff recommends approval of a variance application setting limits on
the size of the addition so that the completed structure will not exceed
1,000 s.f. in area. Such approval is based on the following conditions
and findings:
1. All five lots must be combined based on Ordinance No. 38.201 and
the finding that the three rental units on substandard lots are accessory
in use to the principal homestead use. The entire parcel is approximately
54,945 s.f. The zoning district requires 43,560 s.f. in area. The assessor
has advised that all five lots can be combined.
2. The completed structure cannot exceed 1,000 s.f. in area based on
Zoning Ordinance No. 31.330 and the requirements set forth in the
Building Code - Review Exhibits B, C, and D. Any structure over 1,000
s.f. in area is reviewed under the commercial requirements or standards
of the U.B.C. The concern in approving variances for such structures
in residential zones would be the potential use under a new ownership.
The code specifically refers to private garages.
34.040 R-IA Accessory Uses Within any R-lA - One Family
Residential District, no accessory structure or use of land
shall be permitted except for one or more of the following
uses:
34.041 Garages Private garages and parking space.
Unless the code is amended, the City cannot approve of commercial
garages in residential zones. A garage over 1,000 s.f. is a
commercial structure.
3. All existing violations of Ordinance No. 82.040 (b) & (c) must be
removed.
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407-408
1976 EDITION
FIRE CODE is the Uniform Fire Code. 1976 Edition. .
PIRF resistance or HRE-RESISTIVE CONSTRUCTION is coi^-
strulrSonTrSrJ^sprJad of fire, details of which are specified tn this
^HRE-RETARDANT TREATED WOOD is lumber or PJv^f
dl;:!Vi«“L wSJlSJe; in accordance with the rain and weathering tests
°*^AIl^mater?a'ls*shall bear identification showing the
""floor area is the area included within the surrounding exterior
wans o?a b^iWin,or portion thereof, exclusive of vent sha ts and courts.
noor area of a balding, or portion thereof, not provided with sur-
rounSrng exterior walls shall be the usable area under the horizontal pro-
‘"SiTi^erST.i^::’oi .h. fo„.d.,,o„ «<.......u,, »moh
spreads and transmits loads directly to the soil or the piles.
FRONT OF LOT is the front boundary line of a lot bordering on
street, and in the case of a corner lot may be either frontage.
Q
Sec 408 GARAGE is a building or portion thereof in which a motor
«S5; S.TnY.,r.«>ii"d. *°
Garage PRIVATE^ of » portion of a building, not
mor^h^n f(Wo"uarc feet in area, in which only motor vehicles used by
the tenants of the building or buildings on the premises are stored or kep .
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CARAC^PL>BLIC, is any garage other than a private garage.
TRADE (Adiaeent Ground Elevation) is the lowest point of elevation
of the finished surface of the ground, paving ToMny fine"”
between the bunding and the property line, or when the P'°P®[.‘y
more than 5 feet from the building, between the building and a line 5 feel
from the building. .
GRADF. (I.umbcry is ihc classificalion of lumber in regard lo sircnglh
anduiiliiy. ^ . i
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(b) Special Provisions. Garages in connection with Group R. Division I
Occupancies shall have an unobstructed headroom clearance of nor less
*han 6 feet 6 inches above the finish floor to any ceiling, beam, pipe, or
similar construction except for wall-mounted shelves, storage surfaces.
J'acks or cabinets.
location on Property
See. 1503. For nre-resistivc protection of exterior walls and openings,
^ ticicrmined by location on property, sec Section 504 and Part V.
Special Hazards
^c. 1504. Chimneys and heating aj»para:us shall conform to the rc-
Quircmcnis of Chapter 37 and the Mechanical Code.
^ndcr no circumstances shall a prisate garage have any opening into a
^oom used for sleeping purposes.
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ZONING VARIANCE APPLICATION
LXHIBIT 1
CITY OF ORONO
r.O. %ai hi, Cryaial tay, Klnnctota }}323 473-7357
STimCTIOHS; first rtsd ihm Attached Infonnstion Sheet. CMaplett ltr«e 1*1)
(Type or frint). If oeeded, attach letter or other Informatiofi to bettor
^ describe your request* Incooiplete applications will not be accepted.
1.PROPERTY ADDRFSS (
Lessl dcscriptioo shall be shown on attached SuWdy,Legal dcscriptioo shall be shown on attached SuWdy, Ciihiblt 3-
2. APPLICANT A > Fhc. 7/ ~ 7^ 2-
x-7 <V ^ C 7
Hailing AMrcaa /j^,~L--------------------
^ *’*> '*' 3 *? /
M Afpllcaat la not o^ar, caplala_______________________________L.
Mailing Addresn'
Date Property Acquired Otoolh/Year)
I (do) (do not) also own other adjacent parcels of land
A. AGENT «*
Firm ^ ^
> r <
W
Hailing AMraaa fl tc
U ^ NOTICES Otoul4 ba aanc to:
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Applicant CXmcr V Agant
6. PRESENT ZONING USE DISTRICT
LIST OF EXHIBITS
Peacriptii
Initial Appllcatiot|
suat include:
1
2
3
Application Fern
^ Froperty CWners List
Certificate of Surer
Tee Receipt i
Pate^eceive^^:e^eceive^^ '
Jj.i4LiZK> e^ V
Staff Inforeatiot^
4
% y Inventory
Staff Go
(Other)7. PRESENT USE *ssida.nai
Vacant Land_____ Vacant luil^ing(s)Occupied Bull ding (a)
8. DESCRIBE REQUEST
_ eatabliah oaw ua eotlnua or expand exlatlng uaa
ESTIMATED CONSTRUCTION C^T $ '7d £60,
M ra*l.M__bnlM
Describe request in detail: !P^ r^J€^
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Initial Appllcatlofi
Buat Include:
Application fom
i/rroparcj CVmart Lint
Ccrcificace of Sur«««
Fee KKielpt %^-f(A
Data^ac€ivad >ypata^ac€lvaq >^
»y \.id 1^? i-'\ V
and
Staff Information
k \J^ Flat Map
5 ^ Inventory
Staff Conaente
Other Information
7 SttMMJ ■
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10
ON COST
H:
ZONING VARIANCE APPLICATION
CITY OF ORONO
f.O. »o« Ot. Cr7>tal kaj, Hlnncaoca 55323 473-7357
|SI*JSIISS: jw... JI. .....M e..,,.,. „
deacribe your rtqucac **Xnc»l^t^^ other Information to betterloe your r.queat. Incomplete application# will not be accepted.
LIST OF EXHIBITS
PROPERTY ADDRESS /
Legal Oeaerlptloa ahall t>e~atuiMn on attached SuWl^,fl, Cahlblt 3
APPLICANT 7/~ 7:^^ SL
Mailing AAlreaa ^^ ^ ^
^ _sr3*?/
ot emer, '
Initial Appllcatiw^
Biuat include:
J^Appllcatlon For*
0-nera Llatj
Certlflcacc of Sutvi
If Applicant la not explain Fee Receipt * A?^
Riooe
Pate^ReeelveJ-N# ~ /»_ Zg j*
•r -V «d I^t-p ,i1 >j' jr
Mailing Addreaa
Date Property Acquired- - -------'-----’------------------------------------------------------------- (Itenth/Year)
I (do) (do not) also ovTn other adjacent parcels of land
^6 ^tr r- ._______. Fhone
wr
Staff Information
k \X Flat Hap
5 ^ Inventory
k Staff Consente
\
AGENT "•«Other Tnformatlof^
1 ^nS
Mailing Addreaa ^ iti // /IrJ Pi/ot'rK, mr
NOTICES Should ba aanc to:CA#nar XAtnt 10 tZ
PRESENT ZONING USE DISTRICT ^ -/c.
PRESENT USE Raaldantlal (Ocher)
Vacant Laad Vacant BulldlngCa)Occupiad Bullding(a)
DESCRIBE REQUEST ^
__aacabllah aaw uaa
Describe request in
y/
j
aff//V/ t/a)\
ESTIMATED CONSTRUCTION COST $ 7d S60.^*"
a-tlnua « «.p.nd -latlng b^g _ ^ ^ 2rV.ee.dal le.pU..
y X / ^ ^
/?i
9« VARIANCE(S) REX^UIRED to do the requeated Uoth: .^^^'Lot Araa Lot Width Hardcover
Setback (_ _ Front Side Bear) Other
10. Fescribe UNUSUAL PROPERTY CONDITIONS prevmtUg co.„ll.ne. with zoning Cod. re,ulr«.nt.:
r- A'Y''y/^c/'^ _____
U. Pescrlbe UNDUE HARDSHIP or PRACTICAL DIFFICULTY f,.. ...... __ _ _ _ ___ _
regulationa
escribe EFFECT OF PROPOSED WORK on neighboring prop«rtl« ..d « U., neighborhood in gB,.r.l:
V ^ ^ /JjAy
^*ih^fF%JSfSeb,".^, PROPERTY OWNER must
•f Ule *“ review
TupplUd 1. ^ !2: certifiea that the informationauppiieg i. true and correct to the heat of hia knovle^ge:
sign and date this application.
verification af thia rMuaat:
HC ]233 PROPERTY OWNERS LIST
i:
DCPARTMENT OF FINANCE
A-603 GOVERNMENT CENTER
MINNEAPOLIS, MN 5S487
O'^ONO
I CCRTirt THAT THE FACTS RePAESEHTEO OH THIS
AND BEUEF.
HENMEPIN CO. FIHAHCE DIVISION
list size DATE
,0/^-hiu
FEE OWNER
TAX PAYER/
MAILING ADDRESS
PROPERTY ADDRESS
s - n ^-117 x-'z-3
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CITY OF ORONO >t . .EXHIBIT 5 F
LAND USE PLANNING
ZONING VARIANCE INVENTORY
VARIANCES REQUIRED
)ENS1TY KtyUlKZP ^CTII^V
Zoning Use District
VARIAwMCt ropi: stcnojt
^ Ktmrn
At wiaUi
Ai ?y«a-
.-JjSLiS-
SETBACKS
Ur»«l fffont)
KJKIKUK Pt I ST INC_________PHQPr^CT
cooc stcnoi
ISA#
iSAf. tx> B)Ag.
•OanAa
7S rt.
rt.
:i
.2
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lARDCOVER
tin AREA
JSiX, tJ-,--------
FEF.*iJTTED
HXADCOVXJl
• . £. _____<2^
EXISTING
KAJIDCOVEB
«,£,
PROPCS CD
HXKDCOVCJl
f-rX..3^
TOTJO. y
VXRIANCZ
% /A^ gpPJLJtgTlgf
31.an
rrJLA o -
ktt o -
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k« 250 -
24
75
350
500
rt.
rt. 03C
34.202
rt. 25U /L >f ff 9 34.202
34.202
rt. 30J6
34.202
500 - lOOO rt. 35»
)THER SECTIONS iusqoip£d EXIST IKC
naiAinf B«ifbt (ms.)
sskiiia (Kin.)
\
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OR A
EXHIBTTT^
LAND USE Pl^NNING
ZONING VARIANCE INVENTORY
;e District iC»
root stcTiog!
li
coot StCTlCW
5 CD TOT AX.
[JVtR^ ^ VX^lAHCat
31.031
34.302
34.202
34.202
34.202
vxmi CODE SECTION
VARIANCES REQUIRED Zoning Use District ^/C
DENSITY N3W)KUW l<r^JU?Ka>
y^o ^
fcruAL VAAJ>vWCt root stcnoN
SETBACKS >tiKiKi)K AJX/unuj nxisTiwc pxoptjsn)vxRi A.»«cr coo^sict;
Clr«ct (Tiont)
ffl0« ^
;‘1349. to B)60.
L»V razors 75 rt.
wetlands 26 FE,
HARDCOVER LOT AREA
JCix.
PIP-'UTTED
KXRDCOVIJl ^
DC2S7LKC
KAROCOV22I
irtXO o - 26 rt.
itAkc O - 75 rt.
PftOPCSa) TOTAi 1^
KXKDCOVEJi ^ VXRIXKCX .
3^% »>C> Xfl ^ODC SCCTl«t|
31.031
34.202
4 n 3 -?3 Aoy 34.202
34.202
baktt 500 - lOOO Pt.
ITHER SECTIONS
34.202
REODIRSD EXISTIKC PROPOSED VARTANf CODE SECTICTI
lilOinO B«i0ht |i
Marking iKin.}
LAND
DlVlSlClit unplatted
wooded
AVAIlABJLXTYs ad;)»cent loia/parrela f«|
January 1^975 0.rner«hlp
TOPOCRAPHT includest laVeahore _ __ wetlanda
- - - atesp slopes _ _ _ open are
CEOCRAPmf affecting appllrationt __
lot alse/ahapcs conaiatent
ACCeSSt __ _ _new exiatino_ _
UTILITIES: City aewer available
^eptlc ayalca _ __ new pxopoaed
0 lola^arccla per application
vacant ocrupled aanie ownership >cparate owner ship
single separate _ _ conblned with other parcels not In this application
— high 9iound - - level ground _ _ rollln9 hill#
unusual lot shape
ron^
con/.rcled; City water
unuaual building location
-----Inco^.lent with t.elsMorl^ Jevelo;.-*nt
*■‘*31, — 1C «^unty/«tete _____priveta
exiating conforrring
available
LAND USE
_____ connected
existing aubstenderd_____existing nor.-confon.lng
Subject lot ia __2.
OXST2IIC lAKD USE con
PROPOSAL affeeta
vacant occupied
ed to zoning uae diatxicti
principal
-- confonaing use
ory building or uae
conditional uas
STRUCTURES
BUSTING NOllDUICS
&efIclanciaax __
PROPOSAL ryPE:
do notjxuaply with zoning performance atandarda
^ - - -
FROPOSAL will
•ntixely TO# building or uae
Review as TO# building or uae fcost exceeds 50* ENV)
review sa DCPANSICM of existing (cost less than 50* r#fV)
■^^-tinglmilding FAIR NAIUCET VALUE (yr| _____ %___________
will not reduce an existing substsndsrd ysrd dijaension
•AXES & ASSESSMENTS
PROPERtT XD.
non-csonfoming uss
l"ta/Psrcsls owned in cow«>n sra * i.
'“"•nt ____ ..."DiluwcKT co.*>in.d for tax purpoa...
jAaaaaaaants Leviedi
Sa^ar (no)units >^atar (no)units
Use District ^
rCJDt SLCTlOjl
7KWCX
►OSE3> TOT AX
>COVEJl^^ VXFIAHCX ^ I
3^9 X ».f,_____XA % coot slcticmI
31.831
34.302
34.202
34.202
34.202
COOC SECTICW
' wiwv
LAND USE PLANNING
STAFF COMMENTS & RECOMMENDATIONS
EXHIBIT 6
Page 1
PREPARED FOR:
(Staff)
i APPLICATION REVIEWED BY:
(
k
i ------- City Adininintrator
7
Attorney
City E^^inecr
Village Planner
Zoning Administrator
Planning Convnissico
Park Convnission
------- Public Works Coordinator
------- Public Safety Director
__ _ Finance Director
•- -- building Inspector
—Septic Inspector
Wataa) _ _ *** /"- /pQ
. Hennepin Cty. DOT
^nn. State DOT
Kinn. ONR
MCWD
XHCD
(dates)
SPECIAL COMMENTS
^iU/
JCjCt.
^^^ * X~fl <rt
i
v"
‘•’ncrabip (cparate o».^cra>tip
>ther parcels not In this sppllcatiofi
_____ roJll«9 htn.
_____conitected
ndard existing ncn>conforalng
ions! use non-^eonfoming nee
TAFF RECOMMENDATION
-It
A pprove eppllcation es eubnitted
AWIKW .pplle«tio» ,„b>ct to followin, co^iition.
TA.IX application for addltionU Information
Donr application lor r.a.ona notm) ahovo
LAND USE PLANNING
STAFF COMMENTS & RECOMMENDATIONS
Page 2
SUGGESTED FINDINGS
X.conaition* •pplyiri9 to the structure or lend in question ere peculier to such property or
irrr»e etely eurroundir»9 property end do not spply qenerelly to other lend or structures In the district
in which seid lend is loceted; OP
—- conditions epplying to the structure or lend in question ere not peculier to such property or
invt>edistely surrounding property but do epply generelly to other land or structures in the district in
which ssid lend is located.
2.The granting of the application is not neces&ery for the preservation end cnjoyvsent of e
5.
aubetentiel proi^erty ri^t of the applicant.
granting of 0>. propoaed variance win not in any way impair Oia public health, aafety. comfort,
morals or general welfare; OX
- - The granting of the proposed variance r^y impair the public health* safety* comfort* norals or
general welfare.
The granting of the proposed variance will not be contrary to the intent of the Comprehensive Land Dae
Plan or tha Zoning Code; OR
- -- The granting of the proposed variance would be contrary to the Intent of the Comprehensive Land Use
Plan or tha Zoning Code.
- ■ '■ of auch variance will not merely serve aa a convenience to the applicant* but ia necessary
to alleviate demonstrated hardships or difficulties: OR
------ Tha applicant has demonstratad no recognized hardship or difficulty and therefore the granting of such
varianca would merely serve as a convanienca to such applicant.
-Hji
unia 1 • •
■1
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#54 OO
March 26, 1980
To the City of Orono
Re: Hard Cover Variance
I have asked Roger Freeberg to represent me at this hearing. I am
unable to attend because of a previous committment to speak to the
students and faculty of Wright State University Medical School in
Dayton, Ohio. Because of escalating interest rates we did not want
to delay this hearing.
When we purchased this property 20 years ago it was not in violation
of any codes — we inherited the development that is now in
violation of the code. We are in agreement with the codes and
would like to improve both the property and our compliance with the
code. Below are some considerations:
1. We agree to the intent of the hard cover code.
2. We are willing to give up every possible bit of hard cover —
namely the asphalt drive turn around. This is approximately
a 6:1 exchange.
3. The remaining drive up the steep slope is necessary for access
to the property. The parking area remaining is the minimum
necessary.
4. We cannot eliminate the rental units as they are a necessary part
of the economics. Without them the project would not be possible.
5. The plan presented is a substantial improvement on the current
situation.
Respectfully,
Milton H. Seifert, M.D.
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TO:
FROM:
Planning Commission and Council
Jeanne Mabusthr Zoning Administrator
DATE:March 31/ 1980
SUBJECT:#549 C. Arnold Carlson, 855 Forest Arms Lane
Building Permit Review
Mr. Carlson seeks clarification of the issue of riparian rights for
his new residence on Lot 5, Block 2, Forest Arms plat. He proposes
to construct a 30' X 4' parallel dock to store his 26* < 10' boat.
The channel that abuts his property was illegally dredged approximately
ten years ago at the time of original plat approval.
In reviewing the files and previous Planning Commission and Council
minutes, the riparian issue for lots abutting the channel have never
been decided. Please review the Planning Commission minutes of
March 27, 1978 and Council minutes of March 30, 1978. The issues
rssolved during these discussions appeared to be mainly concerned with
road construction, drainage questions, a developer's agreement and
park fees.
Now, the Planning Commission is asked to determine if Lots 1-6, Block 2,
located on the channel are riparian to Lake Minnetonka. Th? channel
is navigable and measures approximately 50' to 60' in wiJMa.
If Planning Commission deems the lots riparian, the fo*..;;irtpoints
should be considered:
1. Type of dock allowed - i.e. only parallel to shore.
2. Limit of boats allowed at each dock.
3. Permanence of docks - will City approve of a dredging permit if
channel becomes unnavigable.
4. Side setback limitations
Length of dock limitations
Size of boat limitations
nis Lane
riparian rights for
plat. He proposes
is 26' X 10' boat,
y dredged approximately
va].
mission and Council
le channel have never
sion minutes of
1978. The issues
mainly concerned with
er's agreement and
ne if Lots 1-6, Block 2,
etonka. The channel
0' i”' v> • ’ ‘ y\.
the foiAvsr.flt# points
o shore.
dredging permit if
i ‘2
CITY OF ORONO, MINNESOTA
Land Use Application
f
r
------- filJt
* i -l/f- TYPE OF TlEQUEST
LOCATION OF PROPOSAL (or property) Subdivision $150+$5Aot
Address c ' b Ihc-K /»# >
>/ y 5Legal Description ^ /<-'i k, j-i/u-\r
APPLICANT Name (Tel #
Mailing
Address ^\/i ^ «•
OWNER Name . 4> //V.' /Tel # vy//
Mailing
Address Sji J ^ A . > y ✓ / / S /v A/. i-
Present Zoning LA tU-A
Rezoning $250
Riprap $15 ($65)
FEE
Date Rec'd.
By ________
tAji ^**»*f^r*
Present tt^po
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements
Explain yovir request and reasons for same
Irui.-A- JOc ,_ _ _ _ _ _ _
/^l tr f-yr
VARIANdC required - extent of nonconformity
>t Area Setback Front Side
Other, explain
Specify ha^ships to property
SUBDIVISION application ResifOential Other, explain
No. of Lots
CONDITIONAL USE AND [ER - explain proposed use of property in detail
MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION
(Must be submitted 10 days prior to Planning Commission meeting)
1. Application completed
2. Plat map section
3. Certificate of survey of property
sketch location and setbacks of
proposal
4. Construction plans, if applicable
CesSi f^ed Property CX/ner's list of
own e r s om
ll^i|l ti ml I 'i I I ii pi I (jFinance
A^03 Government Center
Sta*>(agd^legals^g^eBHeisf>es (#10
pre-addr^|S5s<hffSr^each of the names
on tb^^^ve list.
DATE Applicant's Signature
DATE Oder's Signature
ncovide aJJ__ijr^jfckjrraati on rLeouir^ed or r4»arTocj)t»ai9LJi
___
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---1
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 30, 1978
Massengale r»oved, Butler seconded, to table
the request of Durwell Vetter, Big Island, for
a subdivision until the regular Council meeting
of April 27, 1978. Motion, Ayes (3) - Nays (0).
Mr. Alan Olson, City Planner, entered into the
record the following information concerning the
Forest Arms Subdivision for Carol Sue Dongoske,
dated March 21, 1978, which states:
Sue Dongoske has requested an appearance before
the Council to discuss more items concerning the
completion of this plat. On November 14, 1977,
the Council referred the item to the Planning
Commission for recommendations concerning six
items. On November 21, 1977, the Planning
Commission requested additional information as
listed in Mr. Muhich's letter of November 22, 1977.
No information was received by the City until
March 6, 1978.
Regarding Ms. Dongoske*s letter and the previous
action, I recommend the following:
1.Building permits should not be issued until
the road is installed and passible. If permits
are considered, no permit should be issued until
a developers' agreement is completed and no
occupancy should be allowed until the road is
certified complete by the City Engineer. No
p-ermits should be issued until the Planning
Commission has had a chance to review all
pertinent information and make recommendations
to the Coxincil as directed on November 14, 1977.
2.
Page 4
SUBDIVISION
Big Island
(Continued)
.J^\
*^#336
BDIVISION
Forest Arms Subdivis
Sue Dongoske
^ A^ A
The Planning Commission should be directed to
complete their study of the matter, including
the newly defined issue of boat dockage in the
channel. The applicant should be reminded that
reviews cannot be completed until all necessary
information is supplied. In particular, the
City has no road construction plans for the
Engineer to review, has no dock plans or suggested
layouts for the Planning Commission to review,
has no title opinion or other evidence of any
lot restrictions or covenants on the property
and has only poor copies of the plat and DNR
channel permit from which to work.
3.A developers* agreement and bond should be required
prior to any final approval.
4.Park dedication fees should be paid as should all
delinquent taxes.(Continued)
ir
i
KE.GULAR MEETING OF THE ORONO COUNCIL, MARCH 30, 1978
5. Conservation easonents, variances, drainage
requirements and dockage rights should be
investigated by the Planning Commission.
Page
t-'^UMlVISION
Forest Arms
(Continued)
Planning Commission - March 27, 1978
Sue Dongoske and Robert Dongoske were both present.
The Planning Commission suggested the applicant draft
a developers' agreement for review by City staff
and Council. They also instructed the applicant
prepare and submit plans .and specifications on the
proposed street.
\
The Planning Commission suggested the Council review
the proposal at the next meeting. They also recom
mended no building permits be issued until developers'
agreement and street specifications and plans be
approved and accepted by City staff and Council.
The Planning Commission also requested more data
and documentation before determining status of
riparian rights and docks for lots located on
previously dredged channel.
Council Meeting - March 30, 1978
Robert & Sue Dongoske were present to discuss their
division commenting that they will have their engineers
complete a survey of the division, a developers*
agreement, review lot rearremgements, and will return
to the Planning Commission to present further data
determining dock status and riparian rights for the
lots in question.
Mayor Van Nest requested staff to review park dedication
fees and recommendations on payment of these fees and
also to review all other pertinent data.
Mayor Van Nest moved, Massengale. seconded, to table
the request of the Forest Arms Subdivision for Carol
Sue Dongoske until all data is complete. Motion,
Ayes (3) - Nays (0).
Massengale moved, Butler seconded, to refer to the
Planning Commission a request for more data and
documentation before determining status of riparian
rights and docks for lots located on previously
dredged channel in the Forest Lake Subdivision.
Motion, Ayes (3) - Nays (0).
r vf *« I
>51KUTES OF A PLANTs’lNG COMMISSION MEETING HELD MARCH 27, 1978 - PAGE 8
Mayor Van Nest stated that with the rules of the
L!-5CD, a strip 30’ ft. vide going to navigatible
w’ater could be approved, adding that Mr. McCleary
was asking to dredge to store boats.
STUBBS BAY MARINA
(con't)
Conmissioner Hassel moved, Commissioner Frahm seconded,
a motion to recommend that as a matter of the sense of the
meeting and for direction for Mr. McCleary, the concept of
providing access for a launch area no wider than 30 ft. for
a navigatible access to the shore be approved, but dredging
for boat storage and rezoning be denied.
Motion - Ayes (3); Nays (1): Wilson. The
motion passed.
Chairwoman McDonald asked Mr. McCleary if he
would have the same problems if the water level
would go up. Mr. McCleary replied yes, adding
that these are some of the problems that come
vith keeping boats. Mayor Van Nest added that
the type of boats also has changed within the
past years.
Robert and Carol Sue Dongoske were present.
The Zoning Administrator stated the applicants
have come in since the approval of the final
plat. The question has been if the road will
be completed, paved or graveled and if building
permits will be issued. There is also the issue
of the wetlands and the dockage on the channel.
Mr. Dongoske asked who determines what property
is designated as wetlands. The Zoning Admin
istrator replied the • Hennepin Soils And Con
servation District makes the determination.
Sue Dongoske stated that when the plat was
approved there was no wetlands area designat"-
Mr. Dongoske stated the road was partly put in
and then the sewer came through and they stopped
construction on the road at that time.
Commissioner Hassel asked if the City Er ylneer
had reviewed any specs on the road. T^^»> Z'^r.f.ng
Administrator replied he had not.
Ms. Dongoske stated the owners want to know if
these lots will have lake access.
The Zoning Administrator stated he did not know
the location of wetlands on this property.
CAROL SUE DONGOSKE^!
FOREST ARMS SUBDIVISK
y/336
r
:51KUTES or A PLAKNING COMMISSION MEETING HELD MARCH 27, 1978 - PAGE 9
Ct'irmiRsioner Hassel stated possibly the area
designated as wetlands should be reconsidered if
it is wetlands at all.
FOREST ARI-IS SUBDIVIST
y/336
(con't)
Commissioner Frahm asked if a man-made channel
would constitute riparian rights.
Ms. Dongoske stated vjhen they o\\?ned this property
they received letters regarding one wetlands area,
but not the other wetlands area. She added that they
have lived near this area for 14 years and that
they represent the present owners of this
property. She asked what is to be done if an
area is determined to be wetlands after the
subdivision has had final approval. Commissioner
Hassel replied that the City has a Wetlands
Ordinance which stipulates certain regulations
and restrictions.
Mr. Dongoske stated there is a lift station at
the end of the cul-de-sac where they live and
-asked if the cul-de-sac would still have to be
located in the same place. Mayor Van Nest
replied they would have to have a recommendation
from the City Engineer.
The Planning Commission discussed the subdivision
including the dredging, road and dock use.
Mr. Dongoske stated they plan to put docks in
parallel to the shore.
Commissioner Frahm asked if the owner of Lot 7
could put in a dock. Mayor Van Nest stated they
vould have to comply with the LMCD regulatxons.
Ms. Dongoske stated they are asking to know if
these lots are lakeshore lots or not so the
property owners can also know before building
on the lots.
Mayor Van Nest stated he thought there should be
a developer's agreement before the road is put
in. He added that the City must have a commitment
that the road will be put in, and that this
should be done before a building permit is
issued.
Jim Olson, City Engineer, agreed that there
should be a developer' agreement, and he advised
there should also be a bond.
mNirlES OF A PL.AI.-KING CWMISSIOS MEETING HELD MARCH 27, 1978 - PAGE 10
The Zoning Administrator stated the park
dedicatidn fee is usually collected by the City
in one lump sum. Mayor Van Nest stated this is
usually paid before the hardshells are approved.
However, since this subdivision was already final
the City would want the park dedication fee before
the developer's contract.
FOREST ARMS SUBDIVISIO
,"/336
(con* t)
Chairwoman McDonald informed the Dongoske s
that this item would be discussed at the next
Council meeting oh March 30, 1978.
The Planning Commission then discussed the Work
Session Items.
Mr. Joe Whitney was present. The Zoning
Administrator stated these plans are
plans which have been submitted since Aast
Planning Commission meeting. He explained this
is not a Planned Unit Development as on the
first plan, but a subdivision of the property.
JOE WHITNEY
780 OLD CRYSTAL BAY
SUBDIVISION
y/360 .
RA I
Jim Olson stated the improvements in the revised
plans are substantial.
e'T-jj-Mrr
Chairwoman McDonald asked If the dry buil<i»ble
area included the 60 ft. wide road. She asked
if there was enough dry buildable area. Mr.
Whitney replied yes.
The Planning Commission informed Mr. Whitney
that the road should be addressed as a separa e
parcel.
The Planning Commission addressed the existing
metal shed. Mr. Whitney stated this is the
neighbor's shed which encroaches on his property,
but that he has not yet discussed this matter
with his neighbor.
It was indicated that the location of the existing
shed should be noted and that a review should be
made of soils, drainage, etc. Mr. Whitney
stated some soil tests already have been done.
The Planning Commission called a Public Hearing
for April 2A, 1978.
Mr. & Mrs. Dunkley were present. The Zoning
Administrator briefly reviewed the application.
Mr. Dunkley stated their hope is to use this
property for a full day care program, and
NEW HORIZON ENT.
MR. & MRS. DUNKLEY
2380 SHADYWOOD ROAD
CONDITIONAL USE PERM!
CHILD CARE CENTER
,}. . \^i %- -•••
>. « ^- >• • j
#544
TO:
PROM:
Planning Cononlssion and Council
Jeanne A. Mabusth, Zoning Administrator
DATE:March 25, 1980
SUBJECT:#544 Fred S. Ryan, 1345 North Arm Drive
Glen R. Carlson, 1359 Park Drive
Vacation of Lafayette Avenue and j'ark area
WORK SESSION
Glen R. Carlson and Fred S. Ryan request the vacation of Lafayette
Avenue, an unimproved public road and a designated "island" park
adjacent to their front yards. The area has fallen use to the
neighborhood children who have created dirt bike trails in the
summer and a snowmobile race track in the winter. The subject area
is not maintained by the City. In passing, one would assume portions
of the public owned land is part of the applicant's front lawns.
Issues to be considered:
Park Land - can the city vacate lands dedicated for park purposes
in a plat? City Attorney to review approving lemguage
of the original plat. Saga Hill Revised.
Suggested Public Benefits:
1. Additional land back on tax rolls.
2. Remove the attractive nuisance and potential hazard.
3. City will not have to maintain the subject area.
Public Works Director's Comments (See memo dated February 4, 1980):
1.
2.
Park Drive maintain 60' right of way.
Easements required over sanitary sewer stub and any other
utilities located within area to be vacated. Applicant to
be responsible for location of all utilities.
[»
f'
Hennepin County Highway Department's Review (See letter dated Jan. 25, 1980):
1. Existing right of way is adequate.
2. If City is to acquire Cty. Rd. 151 at some future date, should
City acquire additional 8' cf right of way to be consistent?
Public Hearing scheduled for April 21, 1980 at 7:30 P.M.
LOCATION OF PROPOSAL (or property)
Address KJo. Pi2
0$ ^ : 7“'PaAjc; t- t-AFAV€-TTt SCiCrio^
APPLICANT Name 4- ^ . (^s^a\ Tel #
Mailing
Address LV^-S »Jto.4./gx>i fy:? Mo.SSSfe^
OWNER Ncune
Mailing
TUldress
Tel #PEE y/c'^‘ ^ A' ^
Date Rec*d '3 y<^ - i'
By A'7^
Present Zoning Present Use KJ ok I ^
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements
Explain your request and reasons for same ioout_Q T*-<€-
A.>riu&. I^J frragjT of. cx^<^ SecAuse <7" cgecr^s, A i^/sc/ac
■SQggL /T IS A^Qir /U/l/OTAiOfcO. Tt^^j uIla/g, jUAi^
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*^;Si;SlCE*'r®q£i«a C<««DOV3 TUeifi..
_ _ _ Lot Area _ _ _ Setba,c)c Pront^_ _ Side _ _ Rear _ _
_____ Other, explain _________________________Width
Specify hardships to property
SUBDIVISION application Residential Other, explain
No. of Lots
CONDITIcmL USE AND OTHER - explain proposed use of property in detail
MINIMUM MATERIAL NECESSTUIY FOR COMPLETE APPLICATION
(Must be submitted 10 days prior to Planning Commission meeting)
Application cor^^ «?ted
Plat map section
Certificate of survey of property
sketch location and setbacks of
proposal
Construction plans, if applicable
Certified Property Owner's list of
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 3/0/eO
Applicant's Signature
Owner's Signature
and touncil necessary to process this application and further agrees to pav
all fees as established by ordinance. ag^^ees ro pay
• • •! XV IS.
UEST
$1504§5/lot
Conditional Use $50
Tfpiinnn
Rezoning $250
___ Riprap $15 ($65)
PEE y/^ ^ i'
Date Rec*d '3 y<: - i
By
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regiu UAVG^
Hc>gc . ca/cD/2ga.i OiLj <&<
JC» ch ;a .<. C^^udov)
de Rear
Other, explain
No. of Lots
of property in detail
TE APPLICATION
Conmission meeting)
ified Property CWner*s list of
rs within (300') (150’)- from
spin Co. Dept, of Finance
3 Government Center
ped, legal sized envelopes(#10)
addressed to each of the names
le above list.
Oft required or 'Tdquested by
torney. Planning Oommisslon
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ii.f-nr , fr r i*u:rc:-er of this siirvey the radii, tant.er.ts, ar.d
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# 54^^:
TO:Jeaxuie Mabusth
FROM: John R. Oerhardson, Public Works Coordinator
DATE: February 4, 1980
SUBJECT: Proposed vacation - Fred Ryan
In regard to your memo dated January 18th, the proposed vacation of
city property to Fred Ryan,
The following is my list of comments;
1. We should maintain a sixty foot right of way to be consistent
with the rest of the street.
2.There are no sewer and water utilities effected with the ex*
ception of a sanitary sewer service stub. It should be the
petitioner \dio checks with gas, electric, phone, etc.
3.
4.
N/A
I do see a problem with vacating only a portion of the
designated area. What do we do with the balance?
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FEB 22 J980
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CITY. OF ORONO
P.O- Bo>c 66
CAYsmc Bay/ffWAi.S’S’3<iiB
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HENNEPIN
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
Hopkins, Minnesota 55343
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935-3381 roEBElirEfn•li
FEB 1 J980
'
CITY OF ORONO
January 25, 1980
Ms Jeanne Mabusth
Zoning-Administrator
City of Orono
P. 0. #66
Crystal Bay, MN 55323
^ /P /§
St M _i-.
HI
RE Fred Ryan proposed vacation
Dear Ms Mabusth,
The Hennepin County Transportation System Study show this portion of CSAH
151 reverting to np*5nicipal jurisdiction. Hennepin County has no pl.-'.ns to
upgrade CSAH 151 or make an intersection improvement at Park Lane.
If the city forsees improving this intersection in the future the existing
right of way helps in designing a much safer access. The use of guard posts
would stop traffic shortcuts. The existing right of way is sufficient for
Hennepin County needs.
Please direct any response or questions to Les Weigelt.
Sincerely,
James M. Wold, P.E.
Chief, Planning & Programming
JMW/LDW:de
HENNEPIN COUNTY
an equal opportunity employer
HENNEPIN
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
Hopkins, Minnesota 55343 * j\
936-3381
CITY OF ORONO
January 25, 1980
Ms Jeanne Mabusth
Zoning-Administrator
City of Orono
P. 0. #66
Crystal Bay, MN 55323
K /il djc
RE Fred Ryan proposed vacation
Dear Ms Mabusth,
The Hennepin County Transportation System Study shows this portion of CSAH
151 reverting to municipal jurisdiction. Hennepin County has no plans to
upgrade CSAH 151 or make an intersection improvement at Park Lane.
If the city forsees improving this intersection in the future the existing
right of way helps in designing a much safer access. The use of guard posts
would stop traffic shortcuts. The existing right of way is sufficient for
Hennepin County needs.
Please direct any response or questions to Les Weigelt.
Sincerely,
James M. Wold, P.E.
Chief, Planning & Programming
t
JMU/LDW:de
HENNEPIN COUNTY
on equal oppoilunlty employer
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TO:
FROM:
DATE:
Planning Commission and Council
#550
Jeanne Mabusth, Zoning Administrator
April 1, 1980
SUBJECT: #550 H. R. Johnston, 925 Willow Drive South - LAND TRADE
Staff has advised Mr. Johnston that before he presents a plan to '
subdivide the newly acquired Hendel property that a proposed land
trade with the City be resolved. The applicant has asked the City
to consider trading a parcel of land (see Exhibit A, Parcel A) for
City owned property (Parcel B) approximately a one acre parcel
located at the west edge of the Hendel property. The acquisition, of
Parcel B, the remainder of the land peninsula, will afford a more
"efficient" platting of the subject property. The public works
staff advises that Parcel B is landlocked via a western approach.
The City does not use the property.
John Gerhardson states the City is waiting for the M.W.C.C. to
determine what portion of the French Lake facility will be retained.
As of this date, we have heard nothing from the M.W.C.C.
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TO:
FROM:
DATE:
Planning Conunission and Council
Jeanne I'.abusth, Zoning Administ’*ator
April 2, 1980 .
SUBJECT: #547 John D. Albers, 1111 Tamarack Drive - Conditional Use
Permit/Variance
Zoning District - RR-IB
WORK SESSION
A. Conditional Use Permit (34.031) - keeping of one horse on
residential lot.
B. Variance (34.031):
1. Rear yard setback Required: 150'
Proposed: 112 *
Variance; 38' = 25%
2. Area required for one horse Required: 3.0 Acres
Proposed: 2.6 Acres
Mr. Albers proposes constructing a 10' X 20' barn to house one horse
on his 2.6 acre residential lot. He cannot meet the required setback
for the rear yard and he is .4 acre shy of the required area. Planning
Commission should review the performance standards noted in Ordinance
No. 34.031. Note adjustments in area requirements can be given if the
animal's feeding is not dependenr on pasture land. The Albers' plan is
to house and feed the horse in the stable area. As for the setback
question, the applicant has located the barn in the center of the lot.
His surrounding neighbors all have horses. Planning Commission may
suggest a written comment from the neighbor to the south where the
variance is required.
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