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HomeMy WebLinkAbout10-20-1980 Planning PacketAGENDA PLANNING COMMISSION MEETING MONDAY, OCTOBER 20, 1980 COUNCIL CHAMBERS 7:30 P.M. CALL TO ORDER Call to Order/Roll ACTION ITEMS «557 E. T. Mertz, 1820 Fox Street - FINAL SUBDIVISION (Resolution) #545 Bruce Hepp, 2605 West Lafayette Road - SUBDIVISION 1581 Richard Lorge, 2697 Casco Point Road - VARIANCE WORK SESSION #586 Richard Speeter/James Henninger, 659 Minnetonka Highland Lane CONDITIONAL USE PERMIT SKETCH PLAN REVIEW #587 Steven Valek, Tonkaview Lane - SUBDIVISION APPROVAL OF MINUTES Meeting of October 6, 1980 INFORMATION Joint Council/Planning Commission Meeting scheduled for 8:00 A.M. on Saturday, October 25, 1980 at the Lafayette Club . I ) «op g «■> Q City of Orono, Mnnesota UTLSr^- ± s- #557 TO: FROM: Planning Commission and Council Jeanne Mabusth, Zoning Administrator DATE:October 15, 1980 SUBJECT: #557 E. T. Mertz, 1820 Fox Street - FINAL SUBDIVISION The applicant has fulfilled all of the conditions the City for final plat approval. Staff recommends approval based on t findings and conditions noted in the enclosed staff resolution. Wirf -1 PI.) City of OROIVO RESOLUTION OF THE CITY COUNCIL NO_ _ _ _ _ _ _ _ _ _ A RESOLUTION APPROVING THE PLAT OF HI-ACRES TWO WHEREASf 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 Edgar T. Mertz, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Dedication on the plat of drainage and utility easements. Payment to the City for legal fees in the amount of $50.00. Payment to the City of a Park Dedication Fee in the amount of $200.00 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of HI-ACRES TWO, Hennepin County, Minnesota; subject to the following conditions: 1. The o.jvner of Lot 2 may not receive payment or rent for the use of the guest house by their domestic help or gue.^ts. 2. m The aforesaid plat shall be filed by the City with the Hennepin County Recorders Office together with a certified . original copy .of this Resolution. Dated this day of 1980. William B. Van Nest, Mayor A^ST: Walter Benson, City Administrator PAGE I II ‘7 Ht-ACRES TWO SCAL£ IN Peer t. I foe too too =J CORDON R. COFFIN LMND SURVerOR a RLANN£R LONG LRRt, MINN€SOTA t {,0^0 Mt‘ k00t^9 0H,m0^ TO:Planning Connnlsslon and Council FROM:Jeanne Mabusth, Zcning Administrator DATE:October 15, 1980 SUBJECT: #545 Bruce Hepp, 2605 West Lafayette Road - Preliminary Subdivision At the Planning Commission meeting of August 18, 1980, the Commission was ready'to approve a two lot plat with one riparian lot for Bruce Hepp when the applicant announced that he wanted to change the subdivision to a two lot riparian plat. The application was tabled pending Nr. Hepp*s submitting preliminary plans for a t%#o riparian-lot plat. In review, riparian lots must meet the required width along the lakeshore and at the building site. In this case, the newly created lot does not meet the required width of 140* at the building site. Lot 1 does not meet the required width along the lakeshore. Staff recommends denial of the revised preliminary subdivision plan dated September 29, 1980 based on the following findings: 1. Lot 1 does not meet the required 140* of lakeshore 2. Lot 2 does not meet the required 140* width at the building site. Applicant may question the restricted lakeshore setback of the lagoon and seek riparian credit. Hepp has a total of 265* of lineal footage on the main lake and at least 100* of shoreline along the lagoon. I would suggest that the 100* of shoreline along the lagoon is not navigable and may not be credited as Council approved in the Green Tree plat. The shoreline along the main lake does not satisfy standard for two riparian-lot plat. The Planning Commission requested an opinion from the attorney on the subject of a 40* public road corridor serving three accesses. I would prefer waiting until the application is presented at Council before I ask for the attorney's review. I will report back to the Planning Commission at that point. >- i :cr S ir'll }\ ,‘cnn •y; •'.r*^ .!• , Mil !!<T.nc''3r. Crunl' , ! i::n-' rr.#545 I #58 TO: FROM: Planning Conunission and Council Jeanne A. Mabusth, Zoning Administrator DATE: SUBJECT: October 16» 1980 *581 Richard lorae, 2697 Casco Point Road - VARIANCE At the September 22, 1980 meeting, staff was asked to review the following items: Review of Previous Applications: 1.Joseph Braun Subdivision - to'1?ie'?he" sos..?ime before h^lP'^reUSSiShed fornal review ‘"ubSrvSionTppfiianryS^^^^^ - P”*”- and intent of the Zoning Code and public weixar 2.RLS 1333 - a subdivision filed in 1970 of °i^JS “as°“Ues^er.^fore City had forsal review procedure). Lot width wa not satisfied. 3.wfwn'IpXe"**”* iSudaSL'l^! “ni“cer«y?edr" a) area -43,560 required 28,760 existing b) width - 140* required 100' existing 4.Robert Watson - Lot Area/Lot Width - conm«>n ownership variance Sn?er“«qi?rld n^Utin, 26,800 s.f Lot Width - required 140* - existing 100 slS?L?p^i^iLrrf‘Lsl?^ra?srbiIed “r^hrfo^^ow?nr1i~ a) let clearly set aside as a separate building site w% lot is *66 of sn acr© C) new building site will not create a new curb cut ^S;;^ln"ol«sh?;^e«^on^f?L"cod^“pp?ovrl“co^ by r©zonin9 prop©rty* I 1 M October 16, 1980 #581 Richard Lorge 2697 Casco Point Road VARIANCE Page 2 7r?’* ‘V h f}. fJ 1 i opinion, of th. City Attorney and Public WorK. coordinator will be discussed at our meeting# options opened to Planning Commission: A. B. D«.y variance application of Richard Wrge based on the following findings: 1. 2. 3. 4. 5. 6. 7. “t*SKrdo«"~i'^"Sde'rg o* 100 • ;?rro”l-“d%S"tL“^i^thrinten^^^^^^ Approve of variance application of Richard lorge based on the following findings: 1. 2. 3. 4. 5. 6. 7. lot area is 90% of required if ?ori‘^«e'bu!;t“S 2oi?d be typical of neighborhood ;SfS«ed applicant was infold lot 3 was a separate i?op;rlf f X^fsepf atf y‘-“nevfr received benefit of homestead s"if trflse -iSfvfr^ f^iiafds‘°'f- ?? fdSififif df is^rifufed on left side yard ■It- ■■■ -■ > antP*'- TO: FROM: DATE: Planning Commission and Council Jeanne Mabusth, Zoning Administrator October 17# 1980 #58 n SUBJECT:•*** t|f5Inne?ln^rHi^anH»2®“condition.l Use Permit WORK SESSIONWUW area Unfortunately# they _ reauiring applicants to apply for * Staff issued a fg^porary rip rap banks cut into by removaconditional use permit and temporary rxp of culvert.UUXVZ5A.W. , I have sent the application to J^j^^g^iy^^empioJed^by^the^F?^ Joel Settlin# a marine biologist I have asked him to "i5:r*^««il‘pro“crSnS the l,Ke if applicants rrS*«^Si “5 tr”u Snd’replace culvert. Review of Facts: 1. 2. 3. 4. 5. 6. creates silting build ip ®‘^“‘^^°aocks°in'protected lagoon once b^^ksIorS g^rsni'tagl^ fr^f «-d Henninger to purchase |"nUnis^nS"dSert*«ce« S~ugh his property to docK - only ^i;i"r:S^Sra^l?r?ri^• advantageous to heve the water flow. freelyP Settlin should respond on this point. Pienning commission Should dete^i^ S!irn”"evt«“o Ue « addUional «<=|;£i«J^i2r°I^U«tUnrliinai some veterans on planning Commission r^e David Dunlap. I tS^his one - I recall only one - the C.U.P. ^ summary of the Srt?“nt''Xcn‘«rM?s°rt« ellowid-for the approval. 1 V.X1X ur ununu# l^fTJpint) type OF^APpfelC LOCATION OP PROPOSAL (or pj n / f f •0 / Address 659 Minnetonka Highland Lane. 0rono« Minnesota Legal Description Lot 2. Block 2. Minnetonka Highlands APPLICANT Name Richard H Soeeter Mailing Estates Tel # 475-1244 Address 659 Minnetonka Highland Lane. Long Lake, MN 55356 OWNER Name Same as applicant Mailing .Address _ _ _ _ _ _ _ _ _ _ _ _ Tel # Present Zoning Sketch Plan Review $50 Subdivision $150 + $10/Lot Conditional Use Permit _ _ $30.00 $50.00 FEE Rezorihg $250 Vacation $100 (Minimum) Date Rec*d //• — By A /II_ _ _ _ _ _ _ _ _ f. Present Use Zoning Ordinance Section Relating to Request Specify Ordinance Requirements _ _ _ _ _ _ _ _ _ 'S. Explain your request and reasons for same See attached letter/Addendum Jr VARIANCE required - extent of nonconformity _ _ _ Lot Area _ _ Setback Front_ _ Side _ _ _ Other, explain _ _ _ _ _ _ Rear Width Specify hardships to property SUBDIVISION application Residential Other, explain No. of Lots CONDITIC^IAL USE AND OTHER - explain proposed use of property in detail MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting)' j 1. 2. 3. 4. Application completed Plat map section Certificate of survey of property sketch location and setbacks of proposal Construction plans, if applicable Certified Property 0«mer'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 ' 1 on the a DATE DATE Applicant's Signature 0«;ner's Signature Applicant hereby agrees to provide all infor^jatiory'required or rlquJsted by , City Attorney, Planning Commission J the Zoning Administrator, City Engineer and Council necessary to process this application and further agrees to pay all fees as established by ordinance. 5/78 CITY OF ORONO. MINNESOTA Land Use Application ('Joint) xyp£I LOCATION OF PROPOSAL (or pr Address 649 Minnetonka Highland Legal Description Lot 1. Block 2. Minnetonka Highlands Estates ____ Tel # 473-9722APPLICANT Naroe James Henninaer___________________ Mailing Address 649 Minnntnnka Highlanri I an«». long I akp. MN 55356 OWNER Name Same as applicant Mailing Address Tel # Present Zoning PPLICATION • Sketch Plan Review $50 Subdivision $150 + $10/Lot Conditional Use permit $30.00 $50.00 FEE Rezoning $250 Vacation $100 (Minimum)I• / ? /^'c>o9 ' Date Rec'd /2' '-/o — By ^ ■ //■ _ _ _ _ _ _ _ _ _ _ _ Present Use Zoning Ordinance Section Relating to Request Specify Ordinance F iquirements _ _ _ _ _ _ _ _ _ Explain your request and reasons for same See attached letter/Addendum VARIANCE required _ _ _ Lot Area Width extent of nonconformity _ _ Setback Front_ _ _ _ Other, explain _ Side Rear Specify hardships to property Si'BDIVISION application Residential Other, explain No. of Lots CONDITIONAL USE AND OTHER - explain proposed use of property in detail MINIMUM MATERIAL NECESSARY FOR COMPIiTE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) 1. 2. 3. 4. Application completed 5. Plat map section Certificate of sqrvey of property sketch location and setbacks of proposal 6. Construction plans, if applicable Certified Property Owner's list o: owners within (300*) iltftT*)- from Hennepin Co. Dept, of Finance A-603 Government Center Stamped, legal sized envelopes (#li pre-addressed t)p each of the name: on t^ above list. DATE Applicant's Signatur DATE_ _ _ _ _ _ _ _ _ _ _ _ _ _ CX^ner's Signature . _._ _ _ _. Appliicant hereby agrees to provide all information required or reqVigpted by the Zoning Administrator, City Engineer, City Attorney, Planning Con^ission and Council necessary to process this application and further agrees to pay all fees as established by ordinance. 5/78 1 r CERTIFICATE OF SURVEY I itK QftTT tJQ\J ^ De^^/ej Pro^^r€/ -/. ■ Direr ho/f of Droi/fO^e S* SsmA P/eor S/rraf/a^ • 9S»S P» Pir^rr^t€f 7^ gtf S/rr * /Of S 7* Prr^jeJ Ooraje P-^oor P/<t¥. • fO/. O Ipj Jif ‘BJock •^iUiiJCTii^^^ &74aVC Spert^ ^\p— - X X K ^ Sheet 1 of 2 mm^ K“ii^:“^cCOMBS-KNUTSON ASSOCIATES. INC. ^ SUKVEY FOA: Norman L. Nielsen (•«siuti«t MC'«il«l ■ u»« |y«»niii ■ lift fiAitui [t« V EGAN. FIELD A NO^^H SURVEYORS 1I2» HARRICT AVI. MliHdANl.lS. minvwc * 3S6 Scale: 1" - 60* . .3f Jy*'’ ISliRVLYFOR: Eberh; Description: Lot 1, Block 2, MIlif We hereby certify that this is a true and correct representation o. , nis IS a True ana correcx representationof the land above described and of the location of all buildinos, visible encroachments, if any, from or on said land. Dated this 28th day of September .1970 . EGAN,' Rovr.«»tI IM)» |?tJ' day of OctobiT, 1770, -EnO'f File Wo. 5732 Book No. 1903 - 73 io»i . 72 I by J d K • I''m y 'mmm v;\^'\v\\vTv\wb % % «V %\>1.\XV\«.\\%\\V Oc I DT 00 Oi • ^ rr C5DO X’ X/T ..Ki 5 i V \ •tt" r^:^....v:j#' iffi ■i' -•-*•**“ ._ > i ) t 1 m U si Is t*% i 5 <*^ ^ ■ i . ■H «r ! * kS St ! 5 ^• 1 TsC ____________ sl. n t \! “V.- ■'f X Jf V’ X-V %% E:p t4 '*•>5 • ‘ »>V?. Jfy October 6, I960 Orono Vlllace Council % %This letter is Intended to describe the problems 1 have encountered with my lake iMntage^ the intended remedies for those problems, snd a request to the Council for the necessary permits to proceed with the sork* The area that has been the source of our problems is one that I will refer %o as the •lagoon.” It is an area of the lake that was dredged in 1967 in order to be a «navigational waterway.* Since purchasing my property in 1972 I have noted two major problems with the lagoon. 1. Significant amoxints of the shoreline around the lagoon have been undexmined and fallen into the lake. In one comer of the lagoon this problem has become so serious that I am losing direct access to my dock—I must first cross over to a neighbor* s property. In addition to losing property, the shoreline going into the water has caused the lagoon bottom to become shallow and mucky, and the lagoon now needs to be dredged again. 2. At the time the lagoon was originally dredged a culvert was placed in the Northwest comer, recognizing the need for the water to flow freely in and around the lagoon. In the eight years that I have lived on the property the culvert has always been plugged>up with silt making it inopemble. As a result, the water becomes stsgnant, accumulating large amounts of floating algae and giving off an unpleasant odor. There is a need for a good flow of water through the lagoon but a culvert, which will continually become clogged, is simply not the solution. In order to stop the shoreline from receding further I propose rip-rapping around the area of the lagoon included on my property. I would Install the rock this year using red rock of various sizes (approximately 10# - 100#). Ll (2) (> ■ i 4 J; - J « To coPTOct the ppobltm with the otognojit 1 reioee the colTert end In Ite piece have ■» »?•» would he epproxlBotely 14* Ion* end ^ jride, mede of untreetod eider (2-14* hee»e 6"xl2- with 2-x6- crone mmbtrs) and with rallinga* j paittita to do tho following? !• Rip*rap tho ohorolino# 2. Remove culvert, leaving a rip-rapped channel . with a walkway. James P* Henninger 649 Minnetonka Highland Lane Long Lake, Minnesota 53356 473-9722 • • #gg0 7 ADDENDUM/LETTER TO APPLICATION OF RICHARD H SPEETER My name is Richard H Speeter, and I have owned the real estate located at 6B9 Minnetonka Highland Lane, Orono, Minnesota, and described in the Application, since 1971. My residence was constructed in August, 1974, and I have resided at that residence since that date. My lot is situated on the east side of the North Arm of Lake Minnetonka in Orono, Minnesota. A portion of my land along the water's edge forms a peninsula, which juts or extends in a southwesterly direc­ tion from the main body of land, thereby forming a lagoon. This lagoon averages approximately 45 feet in width, and extends approximately 200 feet. A portion of the land forming this lagoon is owned by my neigh­ bors, James and Diane Henninger, whose joint Application is attached hereto. When 1 bought my lot, which was undeveloped at that time, the developer provided me with a copy of a Permit issued June 6, 1967, by the Minnesota Department of Conservation. This Permit provided for the excavation and removal of sil+ and other materials from the lagoon described above 'to a depth of 4 feet over an area extending 25 feet lakeward from 200 feet of shoreline ...". The Permit designated that this was for the purpose of "improving navigational facilities.". Shortly after my purchase of the lot in 1971, 1 noticed that at the northerly or closed end of the lagoon, a culvert had been placed to supposedly permit a flow of water from the closed end of the lagoon to the main body of water in the North Ann. Even at that time, the cul­ vert was filled with silt and earthen debris. Over the following nine years, I have made a number of attempts to clean out or clear this cul­ vert to permit the flow of water which was intended and designated. I was never able to clean this culvert to permit water to flow. Since I have resided in the residence since 1974, I have observed the banks of land forming the interior of the lagoon slowly erode and wash into the lagoon. I would estimate that approximately 5 feet in . I J 7 ADDENDUM/LETTER TO APPLICATION OF RICHARD H SPEETER 7 e real estate ta, and described ructed in August, ate. Arm of Lake long the water's hwesterly direc ­ on. This lagoon proximately 200 ed by my neigh- n is attached at time, the r»e 6, 1967, by provided for from the lagoon iding 25 feet esignated that ilities.". )ticed that at 1 been placed to F the lagoon to time, the cul- following nine clear this cul- designated. I /low. I have observed iwly erode and fly 5 feet in Mw ic RHriiard H Soeeter. and I have owned the real estate located^at 659 Minnetonka Highland Lane, Orono, Minnesota, and described In the Ap5lt«tion since isll. Hy rf ’ 1974, and I have resided at that residence since that date. My lot is situated on the east side of the North Arm Lake Minnetonka in Orono, Minnesota. A portion of my land along the "jLer s edge forms a peninsula, which juts or extends in a southwesterly direc- tiL from the main body of land, thereby fonning a lagoon. lagoon aie?aaerapp?oximately 45 feet in width, and extends approximately 200 feet ^ A portion of the land formintj this lagoon is °”ood by my neig bors, James and Diane Henninger, whose joint Application is attached hereto. When 1 bought my lot, which was undeveloped at that time, the developer provided me with a copy of a Permit issued June ^ the Minnesota Department of Conservation. This Permit provided Jor the excavation and removal of sili and other materials from the ^^goon described above "to a depth of 4 feet over an area extending 25 feet lakeward from 200 feet of shoreline 5 ^ this was for the purpose of "improving navigational facilities. . Shortly after my purchase of the lot in 1971, ^ '^°Liced Lhat at the northerly or closed end of the lagoon, a culvert had been piac .^DDSsedirp^rmit a flow of water from the closed end of the lagoon to thp main bodv of water in the North Arm. Even at that time, the cul v";rt n?ied wuJ silJ and earthen debris Over the foUowtng n.ne_ years I have made a number of attempts to clean out or clear this cul ^IJt to permit the flow of water which was intended and cesignated. was never able to clean this culvert to permit water to flow. Since 1 have resided in the residence since 1974, 1 have observed the banks of land forming the interior of the lagoon slowly erode and the plflMx ylr?s Savo wa^HeS Into the lagoon fron, the entire per.ceter of the lagoon. As a result of the plugged culvert, and as a ;;«ult of the wash from the banks, the lagoon has become very muddy and stagnant. In late IZer a q?ren slin.e forms over the water, and a stench develops A niiinber ’of trees have fallen into the lagoon because of the erosion. 1 have walked in the lagoon and would estimate that the bed of lagoon Jon^Us of Ipproximately 2 - 3 feet of loose silt and mud. As one walks out of the lagoon toward the main lake, the bed becomes firmer and more sandy. In order to keep the lagoon navigational V^o-^aT^he erosion, it became clear that two steps were nec system where- entire interior shoreline of the the lagoon throughby water can enter the lagoon from its mouth and leave j a channel or opening at its closed end. In late September, 1980, my '^^’«bbor. James Henninger, commenced rip-rap of the lagoon banks. Much of th KiF" SjUlM- 1 ^1e real estate Ota, and described tructed in August, date. Arm of Lake jlong the water's thwesterly direc­ oon. This lagoon pproximately 200 ned by my neigh- on is attached hat time, the une 6, 1967, by provided for from the lagoon ;ending 25 feet designated that icilities.". loticed that at )d been placed to of the lagoon to time, the cul- B following nine r clear this cul- d cesignated. I 0 flow. , I have observed lowly erode and tely 5 feet in e entire perimeter iult of the wash stagnant. In late nch develops. A f the erosion. 1 bed of the lagoon d mud. As one becomes firmer ent this drastic (1) rip-rap the le a system where- Ihe lagoon through enninger, and myself work has been com- 1 fgeo^'^’l^wfs^hockerat the^extent'orerSsi ’JJ ^e completed by mid-October, some areas water was washing 2-4 feet under ’the^bank much land has eroded at^the^northeHJ^end of^thp®?^^ ''fSetation. So Henningers are virtually forced ’^^oon that the other neighbors to reach their dock culvert and ri^-^^a^p^'^theVp^enTnV^l^fV a^ made to remove the • The culvert was approximately 4? Whfc f i- culyert. to bottom for a length of 20^fePt^ and was filled top ble to clean thrc2lve?t out ^ '’"''® been impossf- it was clear that it would only filTSo alail'^wi?!!* accomplished, time. We certainly would not Lmp . again within a short period of commitment of time and money^to remove^th??^" tremendous effort and have been useful. ^ thi^ ,.:.^art if the same would was removed at^the^wlter'^level" ^learly^afl^dil^t'^^h^’h'^®'’^ little dirt constituted that dirt Ivina abovp^w excavated disturbance was made to^either the shorelinp iJ fh® ''®*^y little freely in and ourof thflaSoon sented, the walls or banks of tho ?h ^’'"® fbis Application is pre ­ culvert will be rip-rapped. channel created by the removal of the mov;,! nJ ®f the banks, and in ??rifp ®‘^l''®f't. the lagoon has already than I ever remember seeing it. If we were replace the culvert, the same SibL^'ahoSpT ’'''®"''- that naW9at?S"l." '^90on particular since the re ­ cleared up immeasurably . water is actually clearer required to fill in the old problems described the channel such as des- (and lake) clean and but aslheJL*l?y ’pfMs(nS “ ’'"‘“ll a simple approximately 6 f«t aboSe the water leJil 'Arthat^h^S^i'^^fh"’’' ’’®IS approximately 8-10 feet At thr. i ^ n height, the opening approiimately 3-4 feet This is ‘’'*"*''9 will be culvert intended to provide " The bridoe winopening as the boardnConstructed in^the .m'nne;inS"f?h'i^:’;„5?ca'JL ‘ Vn for two"ad ‘5?t?onaVu«': ^PPHcation of untreated wood, and extLdina'consisting of the lagoon abutting my land Fit ic^ PO»tion of the easterly bank cation need be filed if Jnlv a h'"^ ^"^‘^'‘standing that no appli- and (2) maintenance dredging of thp’unn wall, is requested); purposes permitted f^dredoing ,n 1967 W e mdoe ror any other form of excavation or dirt removal. RESOLUTION NO. 10 5 8 6 A RESOLUTION APPROVING A CONDITIONAL • USE PERMIT FOR DREDGING BY DAVID DUNLAP 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, hereinafter "Council" has adopted Ordinance 125, Ordinance 167, Ordinance i79, and Ordinance 213 all for purposes of regulating filling, grading, dredging, excavation and construction within the Flood Plain and Wetlands Conservation Area, which area is defined as including all areas below the ordinary highwater elevation of LaVe Minnetonka; and • WHEREAS, David Dunlap has applied for a permit to dredge approximately 200 cubic feet of material from the mouth of a lagoon on his property, legally described as Lot 1, Lydiard s Park; and WHEREAS, said application has been reviewed by the Planning Coimnission and the City Council; and WHEREAS, Section 31.830 of the Orono Municipal Code requires a determination that the application is in the public interest prior to issuance of any permit. NOW THEREFORE, BE IT RESOLVED, that based upon the informatiot submitted by Mr. Dunlap and based upon the review of the Planning ^omm ss and Council, the City Council hereby makes the following Findings of Fac . 1. The lagoon was dredged in 1950 pursuant to pNR Permit 50-8 which permitted creation of the existing harbor and channel imposed as a condition thereon that the same "shall be ^ considered public waters and shall be left open and unobstructed for navigation by the Public", Paragraph IV ^ thereof. 2. The lagoon mouth has gradually closed over the last 28 years by encroachment of a natural sand blanket in the area. > t M > 0*0 # ♦ Resolution No.1028 Page 2 t ^ ; r ’ L 3. The present channel depth of less than half that required in the permit constitutes an obstruction to navigation by the public. A. Current DNR rules as a matter of general policy disfavor dredging and channeling in public waters but make express exception for maintenance dredging of channels to existing boat harbors, 6 MCAR 1.5022 B.2.b., and further reflect a policy to protect the existing natural character of public waters and their existing shorelands, 6 MCAR 1.5022 A. 5. The Council has repeatedly made findings that any dredging is detrimental to the lake,- but previous dredging permits have been approved by the City Council for maintenance of riparian rights. While the applicant has other riparian shore, the shoreline is extremely shallow requiring an unusually long dock to reach navigable water depth. Use of the harbor for boat docking rather than construction of a long dock on the shallows lakeward from other riparian access of the applicant mitigates intrusion of visible man-made improvements on the lake and avoids a navigational impairment on the main lake. T^te existing harbor and channel constitute a pre­ existing non-conforming use and the request for maintenancA dredging thejrefore constitutes niaintenance of a non-conforming use rather than .its enlargement or replacement and therefore complies with City ordinances governing non-conforming uses. 7. The applicant proposes to accomplish the dredging Freshwater Biological Research Foundation report on dredging in Lafayette Bay, Lake. Minnetonka, dated October 30, 1978, Si^ates that "clearly, suction dredging for channel maintenance is much less deleterious to the body o.f water than traditional dredging practices". *; r IT" ^ * «• ' Resolution No. 1028 Page 3 The applicant site on his property ,!.d :tthout "«rj“S“a^unt^f nutrients released thereby reducing tne in the laVe. re"^"8"“fsme*nuitancrasrects “ retgh^orinrprcperty owners and t e p BE IT RESOLVED, that th Dunlap NOW, THEI^EO^^p «ftves the application cubic feet of ;;; :*2.f = KS’--"' ..........................................to the prop „«intenance within annroved method,done by an approvea on the disposal area shall b ^ent dredging, the sp ^ similar meth P runoff and dived ::ter into the ««^^"^il;posal area imnediate gds the capacity of h ^^^P channel toward „'st into Crystal Bay. allowed to run directly - - - Be seeded rrpoTs rspll area shall he Ta?/ht'':arerderin :“e‘sp^- " ' ^s«e full erosion control. ----------rssure full erosion control. r ,-,..1111 i Resolution No. 1028* Page A a 4 The approval of this dredging in no way provides additional riparian '°e];?sting priir to . *T^:"rffec«ro^«s%fsn “fo?s ;^rirt':iird!nrto%ie"oJdliL^rsV^ «ty and the LMCD. n,e applicant iartor'aid"°to’‘inltaU his property to one dock " 33 h. is no docks lakeward on hi P P channel in accordance entitled to maintain harbor an levels with it, original of clearance, with permit the same to yield \ imposed shall not n^hirih^lUch nrof -ier^ in- theprohibit the launcn B ^ynnertv or the mooring of rat^r^aft^arho^JuraU sSh/ect L existing or future rules and ordinances governing same. 5. This permit is conditioned upon permit approval by the MCWD and the DNR. The Owmers of Lots 1 and 2^ this*Resolution recorded rtSe'srrf%rt?erreir^^^^^^^^ o;^er(s) hot 1. Lydiard s rarx ' S;:„ar(s) Lot 2, Lydiard’s rark «=“sa: WllilUiam B. Va^n Nest, Mayo ; rei^onTcierk/Aaministrator f ; p /?£SOL. im 0 ^ •• •• •• r' ■_'.vit .* ^ • • • ■ • • -1 -• r,. . •• ^ « ^ ^ • •• « ••• #• • •• 0: c- fiYlST/A/C / ///44^r -M: A Q. // ^iii !5 5:? Scalss Inte : 1“ » 100» i-23-f? tenon R. Coffin 1tj:c Su7-»4»>or tnc Harji^r lone :-5-'XiSC*..e W«12 »19 cty of orono // I 1 »W; [•iFirrs •/•A V !->;c • Land Use Application LOCATION OF PROPOSAL (or proDort' .1''^7 Address Legal Description_ _ _ _ *ype of application Sketch Plan Review $50 Subdivision 7 Tel # Vv-raitAPPLICANT Name ' cL\ > Address CMNER Name Hailing Address $150 + $10/Lot Conditional Use Permit _ _ $30.00 $50.00 FEE Rezoning $250 Vacation $100 (Minimum) ^ /66/^ Date Rec' d —/& ~~ fPd By Ujl ._______— Present Zoning A ^ Af-^0 B Present Use _^ Zoning Ordinance Section Relating to Request 3 ^. Specify Ordinance Requirements s c.Ut\r\(:^eExplain yoxir request and reasons for same _ r> r<v iDr>*. (v/ ^ r> /c>; .VI nr c ^ cicyJs / cf&J J, (cJfrlc-, VARIANCE required _ _ Lot >*ea Width extent of nonconformity _ _ Setback Front ____ Other* e; Side Rear Specify ha^<^ships to irty SUBDIVISION application Residential Other* explain _ _ _ _ _ _ __ NO. of Lots 3 CONDITIONAL US:OTHER - explain propose(% use of property in detail MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) Application completed Plat map section Certificate of survey of property sketch location and setbacks of proposal Construction plans* if applicable DATE /6 - /0«^ Jecv Applicant's Signature Certified Property Owner's list of owners within (300*) (150*)- from Hennepin Co. Dept, of Finance A-603 Government Center Steunped* legal sized envelopes (#10) pre-addressed to each of the names on the above list. DATE Owner's Signature Applicant hereby agrees^to provide all information ji'equired or requested by the 2Soning Administrator* City Engineer* City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay b MINUTES OP A PLANNING COMMISSION MEETING HELD ON OCTOBER 6, 1980 Planning Conunission met on the Above date. Present were the following members: Chairman Hammerel/ Frahm, Goetten, McDonald, and Rovegno. Hurr represented the Council and Mabusth represented the Staff. ATTENDANCE 7:30 P.M. Jon Nelson and William Crear, the applicants, were present. Tom Frahm vacated his seat for the purpose of addressing this application as an interested neighbor. Frahm stated the following concerns: 1. Sewer line serving proposed project "woefully Inadequate". The existing facility cannot keep up with (#583) current demand - falls at least five times a year. Frahm states the Public Works Department claims it is a problem of infiltration. Jon Nelson & William Crear 3701 Shoreline Drive REZONING Public Hearing 7:30 P.M. - 7:40 P.M. 2. Since skating rink's construction at least twice a year flooding of the lower portions of the drainage basin occurs. Planning Commission discussed the three suggested zoning lines in staff memo. Nelson noted that the wetlands had been staked last fall by a committee of Orono staff members, Hennepin Soils Office and applicant's surveyor. It was determined that the wetlands are located south of the 935.1 Flood Plain contour and that the 26' setback applies only for the wetlands. Planning Commission favored a zoning line that would give a 30' rear yard setback from residential zone on south side. It was noted that a straight line drawn parallel to north property line would keep the wetlands in the residential zone. Rovegno added that a Flowage and Conservation Easement would be taken over entire wetlands subject to all limitations whether it falls in residential or commercial zone. Mabusth noted that there were several outstanding conditions set forth by Council at their 11-27-79 meeting: 1. 2. 3. 4. Proof of lot combination. Letter from church approving use of parking facilities. New site plan designating a loading berth. Plans for bridge linking church property and copies of applications from DNR and MCWD. r MINUTES OF A PLANNING COMMISSION MEETING HELD ON OCTOBER 6, 1980 - PAGE 2 Nelson submitted a letter from the Church stating their approval of the arrangement and Mabusth asked for a copy for the City records. Rovegno moved to recommend approval of the B-4 rezoning application of Jon Nelson and William Crear to a point 30' from nearest point of construction. Said line shall be approximately 120' from County Road 15 right of way and run parallel to north property line. The recommended approval is based on the following conditions: Jon Nelson & William Crear 3701 Shoreline Drive REZONING Public Hearing (#583) Cont. 1. 2. 3. 4. 5. 6. 7. Copy of letter from Church for City files. Proof of two lot combination. Site plan designating actual location of building on site and location of loading berth. Plans for bridge linking church property - accompanied by applications from DNR and MCWD for proposed construction. Study of surface drainage to assure that 15,400 s.f. of hardcover will not cause serious problems for an already overburdened drainageway. Review by Public Works Coordinator of sewer lin€ capacity and its ability to handle new office building use. At developer's request, rezoning take place only if City approves of revenue bonds for office project. Motion seconded by Hammerel. Vote: Ayes (4), Nays (0) Vacated Seat (1). Steve Wilson, applicant's attorney, was present as well as Mr. and Mrs. Burt Corwin. Mr. Corwin stated for the record he hoped the City would come up with a fair price for the 1-acre parcel as it makes good planning sense to include the City property in plat. H.R. Johnston 925 Willow Drive So. SUBDIVISION Public' Info. Meeting 8:20 P.M. - 8:30 P.M. Wilson reviewed for the Commission the background on Lot 4 having only 1.6 acres of land. At the time of the original plat, the former Johnston residence required more septic area and an additional land corridor was taken from present Lot 4. Area for lot containing Johnston's new home was never questioned only the lot width. Before Council would grant a building permit to Mr. Johnston, he had to acquire an additional 30' of width to the west. (#582) mL MINUTES OF A PLANNING COMMISSION MEETING HELD ON OCTOBER 6, 1980 - PAGE 3 Planning Commission advised that we are dealing with a new application as Mr. Johnston now owns all the land to the west but encourages applicant to prove he has a hardship to the land. Applicant contends there are specific building sites for lots 2 and 3 and that moving lot 4's line further west will ruin these building sites. He has a total of 16 acres dry buildable to 6 residential lots. H.R. Johnston 925 Willow Drive South SUBDIVISION Public Info. Meeting («582) Cont. Mabusth advised that before preliminary approval could be considered the question of land sale must be resolved and complete septic testing submitted and reviewed by staff. Hamroerel moved to table the application pending final outcome of land sale and receipt of necessary septic test information. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. The applicant was present. Staff reviewed for applicant need to realign lot line so that septic drainfield for existing house falls within the lot it serves. Planning Commission asked White if he was going to require a rear yard setback variance for proposed house. It was noted that the depth of the lot at the proposed building site was only 170*. He asked if he turned the house around, would the side yard setback meet code requirements. He was advised that it would. White reviewed for the Commission why the lot line could not be realigned at the proposed building site because of the turnaround and driveway tied into existing house. A public information meeting would be set for the application as soon as required information is received. Robert White 320 Woodhill Road Subdivision WORK SESSION (#580) The applicant was present. He has applied for a PRD of two residential units on 6.5 acres. A majority of the acreage is involved with wetlands and flood plain. The applicant contends he has approximately two acres of dry buildable land and he recognizes that he could not meet the standards of a formal two lot plat. He was advised by staff to apply for a PRD. Stuart Burniece 1220 Tonkawa Road PRD/Subdivision WORK SESSION (#584) ' ir5 IL n MINUTES OF A PLANNING COMMISSION MEETING HELD ON OCTOBER 6, 1980 - PAGE 4 Hurr held that such a use of the PRD was fcertainly not Ridge was not a PRD. Planning Conunission advised Burniece that he would have to certify through his surveyor that he had two acres of dry buildable land before we could proceed and directed staff to review purpose or intent of the PRD and if it can be used in this case. McDonald moved to approve the Minutes as amended. Hammerel seconded the motion. Vote: Ayes (5), Nays (0). Motion passed unanimously. Stuart Burniece 1220 Tonkawa Road PRD/Subdivision WORK SESSION (#584) Cont. APPROVAL OF MINUTES September 22/ 1980 ■«#»«•• --i • V