HomeMy WebLinkAbout02-26-1979 Planning PacketVILLAGE OF (D)10N(i3
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AGENDA
PUNNING COMMISSION MEETING OF FEBRUARY 26, 1979
COUNCIL CHAMBERS - 7:30 P.M.
CALL TO ORDER
1. Call to Order/Roll
PUBLIC INFORMATION MEETING
2. 7:30 P.M. #449 Steven Valek, Tonkavlew Lane - SUBDIVISION
INTRODUCTION
3.Introduction of Planning Commission Candidates
Tim Adams
John Purdy
George Rovegno
Luclnne Taylor
Mary Watson
ACTION ITEMS
4. #432 Burt Corvln, 1125 Hunter Drive - FINAL SUBDIVISION (Resolution)
5. #454 Nancy Moe, 1220 Loma Linda Avenue - CONDITIONAL USE PERMIT
WORK SESSION
6. #458 Richard Oliver, 3898 Cherry Avenue - CONDITIONAL USE PERMIT
SKETCH PUN REVIEW
7. #457 Harrison R. Johnston, Jr., 925 Willow Drive South - SUBDIVISION
APPROVAL OF MINUTES
8. Minutes of February 12, 1979
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PLANNING COMMISSION MEETING OF FEBRUARY 26, 1979
INFORMATION ITEMS
1.Comprehensive Planning Comnents
Joint Planning Comnission/Councll Meeting
March 15, 1979 at 7:30 P.M.
2. Discussion of Planner's Memo - "Comnlssion Appointments"
3. Planning Commission Comnents - Mayor appearing before Planning
Commission on a monthly basis with a designated time slot
4. Review Concept of allowing attached dwellings for PRD in a R«1A
district
5. Comments on Stubbs Bay Moratorium Area Public Hearing
(February 27, 1979 at 7:00 P.M.)
TO:Council and Planning Commission
FROM:Jeanne A, Mabusth, Asst. Zoning
DATE:February 16, 1979
SUBJECT:Burt Corwin, 1125 Hunter Drive
Subdivision - Final Approval
Mr, Corwin has completed the necessary items as outlined in the
Planner's letter of November 30, 1978, Please review the final
resolution. Staff recommends approval of the plat in accordance
with the enclosed resolution.
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RESOLUTION NO.
A RESOLUTION APPROVING THE PUT OF TEN OAKS
WHEREAS, the City of Or^o and
organized and existing under the laws of the State
WHEREAS, the City coiomic and safe developmentsubdivision regulations for the orderly, economic and
of land within the City; and
WHEREAS, the City Council has
for a subdivision plat by Burt Corwin, the subdivider,
WHEREAS, the subdivider has completed all requirements of
the platting regulations of the City, including:
Dedication on the plat of rights-of-way for
and roads, shown as Hunter Drive and County Road #6.
^ r^^w nf a Flowaee and Conservation Easement
(Exhibit°A) providing for limitations on the use of wetlands
and/or drainageways described therein.
Payment to the City of a Park Dedication Fee in the amount
of $250.00.
NOW THEREFORE. BE IT RESOLVED, that the City Council of
the City o?^orSy’approvea the plat of Ten Oaks Hennepin
Sunty/Minnesota; subject to the following conditions.
The aforesaid plat shall be
Refoiutlon and executed copies of Exhibit A as noted above.
The existing accessory buildings on ^ ^
not be used until a principle use is established.
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Resolution No.
Page 2
The approval granted by this Resolution shall expire if
the plat has not been filed by the date specified above. In that
event. It will be necessary to file a new application with the City
of Orono for subdivision review.
Dated this day of
William B. Van Nest, Mayor
ATTEST:
Walter R. Benson, Clerk/Administrator
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GORDON R. COFFIN
LAND DUDVCYOD AND PLANNtll
90tt WATKDTOWN DOAO
LOND LAKC. MINN. BSSM
r£B 1979
479.4141 CtDC DE ORONO
2-21-79
Tha Clt/ of OroDO
Box 66
Crystal Baji Minn. 55323
Dear Slrst
This is to certify that I have scaled the area of
dry ground vlthln lot 2, Block 1, Ten OakSi and have
determined that it is more than two acres.
Sincerely,
Gordon R. Coffin
GRC
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TO:
FROM:
DATE:
Planning Coimilssion and Cciuncll
Jeanne A. Mabnath. Aaat. Zoning Adninlatrator
February 2, 1979
^4:5‘4:
SS.!S;. -
unttK SESSlCffl cgant-dber 25, 1978
Mne appeared before the STiH S ***'«'^ “ **^**'^*
M review the «>”5“**^'*«nuig S a'^hatardoua ravine. Planning^
Uert to and advlaedj
iravlne #• Platmlngto review tn® K*''r ----- - flinnB of a Hazardous wvin^ orovlde
Uvert to allow to« end •*'i«^*‘ih?1nSnSS^«lU
Comidaalon gave “”®2^U„rhave been encloaed. The engine
engineering plena. The plane n.
report
PUHNIHG OOMMISSloii ru»..x«A,
Planning
the •PP»«“*:'.“£S!“ihe aJJXleant q-e.tlon^ ”'S;:«‘’ioS5
LSSIOH MEETING - FEBRUARY 12, 1979
• in n . HPlanning a review of the City .
the applicant^a «‘|^*“ihe .S^lcant qaeatloned the
riW“-S«l« i W^eafe^^r^er^^^
Srro^^«-iri Sfe-S^l“.rirS»ld be .cednlea for the
Frtruary 26, 1979 meeting.
STAFF NOTE - FEBRUAOT 1*. 1979
X have reviewed with Hra. .^e *»>* ^^li
will be « to atep In -nly at timea
intereat and «“r*M^e il ~t It S? pl«.ed and 1 have advlaed
SirTo'S^tl-a uUe!?’:tatlng her poaltion.
Staff Recomnendatlons: Haaed
rhe Conditional Oae Permit application of Nancy Moe baaed
trrtylSgSefr'a recoewendatlon.
wm « « _ *>4 And. T1.D
te -‘‘Cl------------
1 culvert ahowed outlet at normal lake elevation and r p
* rao be placed at outlet.
2. Manhole to *either”side of drainage pipe line.3. City obtain 5' casement on eitner sx
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, . •. lem^,’* v^* ’•>. . . ve i,e ;.•.*■ •••**•. A • ^i..,s . a-. •
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PEB 20 1979
CITY OF pRONQ
1?2C T/jr.a hir.^a
J’o-JTjd, *'1 esota
Keliviary Vi^ 1979*’
!.'s. ot-aM.e iVab’Jsth
ly of' C jtjdo
rox bt
Crystal Hay, "ir.r.eaota 1:^32 ^
Dc:av Jiia:,:ie,
•Vatt Ut.a I -ave applied for e perir.it to cxt»:.d a culvert
cr. our property. At U.e croi.o plc.rlnd :cr..aisrl,,. ,.eetlr.s
Felruary 12, it >ves surcesteQ by ole.-w. Cook that crcr.c .ptaht
expect a,». eapen.ent.
Wyatt a::d i are absolutely opposed to a:; caserer.t of ar^r
kind witih this project.
Ir* July I talked to -U clso.-i, John Gerhardson, John
Kolaquist and Jeanne .Vabusfn about the fc.asibnity of this
project and asked specifically about what Crono i-equired
incurred the ?30C enL'ineer’s expense and the »3C ’
^ ■‘ill..^ s« ..lere was no rneritlon ef a^. sasernent.
\s background inforniation: Ten years ajo we had a'n
erosion prctlen that was ui.demining the foundation of our
•cabin. At that tioe Bill Kills, t.he village en£ireer,
researched the area and £ave our contractor the directions
for tne work to be done, v.e installed 120 feet of 30 inch •
freeway puuje culvert and filled over it. We did not continue
the culvert to the lake because we did not cwn the adjacent*
property. Tnis cost was '2300. r.ono required high quality
worK.7ianship and .raterials but Crone had no aoney to help
recedy the safety and erosion problem,, nor has crono been
wilUr^ to h^lp maintain the culvert. We paid for the orlclnal
culvert and will follow tne requi rerrents for the extension
at an estimated cost of ^hCCC, We will also maintain ai one-
culvert: if It were to pet blocked, the only land that would
..e flooded is our own - we are the lowest land in the area.
If yo-u nad an overview of our property shewing the
vacated read, two sewer easene.nts, a public road and a city
park plus the present culvert that cut through what appears
to oe a lar,e area, aopofully you could see why we are u:wiHi-r
tc eh.ire w.;at we have re.-nai: i»u..wixxi..g
Sincerely yours,
_■ -na^ui^
TO:
FROM:
#45Planning Commission and C^^uncil
Jeanne A. Mabusth, Asst. Zoning Administrator
oo
DATE:February 21, 1979
SUBJECT: #458 Richard Oliver, 3898 Cherry Avenue
CONDITIONAL USE PERMIT
WORK SESSION
The garage and guest apartment at 3898 Cherry Avenue was damaged by
fire on February 3, 1979, We have been Informed that the apartment
was rented to a Jim and Cindy Poulton. The renting of an apartment
in a residential zone is a violation of the Zoning Code Section 34.027.
34.827 Guest Houses A separate dwelling constructed on an
existing undivided lot for the sole use of the occupants of
the principal buildings, including their domestic employees
or their non-paving guests. All regular lot requirements
shall be met by the guest house.
Mr. Oliver has been Informed of the violation and because of this.
staff has advised him to apply for a conditional use permit. Please
note, staff did not base their action on percentage of damage done
to original structure. The house is in the process of being sold
and the guest apartment was considered in the overall sale price.
Mr. Oliver and the new owner must be made aware through the
Conditional Use Permit that this cannot be a rental unit. The
City cannot allow him to reconstruct the apartment until the
application is completed.
Please note Section 32.250 of the Zoning Code:
32.250 Occupancy Certificate Required for Non-Conforming Use
Application for such occupancy certificate for all lawful non-
conforming uses or buildings created by the adoption of the
Zoning Code shall be filed with the Zoning Administrator by
the owner or lessee by January 1, 1976. The Zoning Administrator
shall approve a certificate of occupancy for a non-conforming use.
Failure to apply for such occupancy certificate shall be prima facie
evidence that such non-conforming use was either illegal or did
not lawfully exist on January 1, 1975 (the effective date of this
Zoning Code), (Ord. 172, 12-19-74, effective 1-1-75)
This reaffirming the City's right to require the applicant to file
for a conditional use permit even though this use existed before
January 1, 1976. The address file has no record of a occupancy
certificate ever being Issued.
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CITY OF ORONO
INSPECTION NOTICE
CALLED-IN
DATE TIME
-c-
□ FOOTING
□ FRAMING
a INSULATION
□ WALL BO.
a FINAL
□ PROGRESS
□ OEMOL
□ FIREPREV.
O PLUMBING Rl
Q MECHANICAL
a WATER HOOKUP
O METER SET/TURN ON
□ SEWER HOOKUP
□ SEPTIC INSTALL
□ SEPTIC MAINT.
□ WELL TEST PUMP
□ SITE INSPECTION
Q EXCAV./GRADING/FILLING
O LAKESHORE/WETLANDS
□ LICENSING
□ COMPLAINT
a FOLLOW-UP
□ SEPTIC FINAL
Q __________________________
COMMENTS:
■CAC£.
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IvVjiSH ^ < cK V * Tn »I (- * 4^ c Vts'4 I L^
A <<TA^T€J2_L
^^SS&TOTAKENO WORK SATISFACTORY: PROCEED
□ CORRECT WORK * PROCEED
□ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING
□ CORRECT UNSAF E CONDITION WITHIN HOURS. INSPECTOR WILL RETURN,
a STOP OROER POSTED. CALL INSPECTOR.
□ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS.
call for the next inspection 24 hours in advance.
Ownar/Contr. on site__________
Inspector \ )
r
Whitt Copy/lnsptctof't Filt Gold Copv/Sitt Notict
•NaOCMcoocn
MESt. KEY
L. 5RONO POLICE DEPARTMENT
LAW ENFORCEMENT OFFENSE REPORT
CONTROL NUMBER tOCAl CONT. AGENCY NCIC IDENT. (CAOl
RECO tY:
DAY: |s|M|TV]T]rg
■ C > * I / 1 y.*y \0,Q jr\^A7^\ / ! M N I 0 . 2 , 7 I I . » 1 O0OfI /
DATE REPORTED (RPO> TIME RPD ITRM LOCATION GRIND NBR (L
[jJ /lo. 2|0. 5l7. 9l /lo. 9l 5.8i /I ... . .
l3.8i9.6. ,C .h.e.r.r.
rTrLNBR HRO BADGE NOfSBN)TIME ASIG. ITAS)TiME ARR (TAR)TIME CLR. (TCLI -J'Ul/dll /C . . 5 1 .41 /I 0.9l 3.8 /fo/9.4 . 3J /M .on .71 /
LI- lnbr isn i*OC ucs —LNBR ISN UOC -J
CZI /CD /I . /CD
SUPERVISOR APPROVED
H '1Z1 /[
EMEREOC.J.R.S. Q
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HRO Coctet
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R. Radio
A • Alarm
I • In Ptnon
V. Vitur.;
MMail
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Reported By:
Addreei;3898 Cherry Ave.
DOB/ - .But. Nbr.
MoMMir.
Compleint:Same □OA/
Addreee:•4
lAcsdMMOMcriMioA: Garaee & attached apartment Fire.1
• . 1
See Case File
• ROLL CALL fP
•
Warn & Release Dept. Assist
i
Message Deliver Treared Bi Transported .
AdviMd Citation Issued X Detail Completed G.O.A
Coth^alnant ovms a small garage / apartment unit on Lis property, the
apartaent' unit was occupied by Jim & Cindy Poulton. Mr. Oliver states
that he filled his tractor with gas in the garage ar * starved to blow snow,
Ke then noticed smoke coming from the structure. He pulled his vehicle_
out of the garage and called the fire dept* He made aure that the residence
of the apartment got out. He beleived that the fire had started in the
northeast comer of the structure in the garage area. This is also the
area where a gas*hot water heater is located. Complainant further stated
that his young son was in the garage just prior to the fire, but would not
admit to having done anything that would cause the fircj several newbor:. _
puppies were lost in the fire._ _ _ _ _
f : • ’
JBMiAdil?fi--3PP?3r6d._to_]be a total loss v/ith heax^y structual damagej con^'rnts
appeared to have been jtotaled.
AO dire.st c ause was found r rioi* to ry Iravir.,, scene. Unable- t<
th^ bld£, a: . crr.in,_ front inri .
.
DISPOSITION. Unfounded Cleared by jrresi ^ Cud Ref. uiher ductiijv ln«i€tive Other
OFFICER’S R. Ward #514 SUPERVISOR'S SIGNATURE
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CITY OF ORONO, MINNESOTA
Land Use Application •
LOCATION OF PROPOSAL (or pro^jfty)
Address ' ^ ^ ^ dL)\r V
Legal Description l^L K /r~A / 7 ^ /
/ t’- £ >-v/
APPLICANT Name ^ I- a
Mailing
Tel #-:>f -t / t‘ f
Address " v‘,'< C < a
OWNER Name 5
Maillng
Address _ _ _
Tel #
Present Zoning ^ ~ I^
TYPE OF REQUEST
Subdivision $150+$5/tot
Conditional Use $50
Variance $50
Rezoning $250
Riprap $15 ($65)
FEE 0 . OC
Date Rec*d ^ ■» ^ 5 . ^By y r ^ ^
Present Use W. t • <> .
Zoning Ordinance Section Relating to Fjquest
Specify Ordinance Requirements V?■ /v //V • A
Explain your request and reasons for same F ( f\ tL Q/* L ^
\^u'i\0_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _c
VARIANCE required
_ _ _ Lot Area
Width
extent of nonconformity
_____ Setback Front_
_ _ _ Other, explain _
Side Rear
Specify hardships to property
Specify hardships to property
•
SUBDIVISION application Residential Other, explain
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#458
A St _ ^
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department of FINANPP
M?l?? ^^OVERNMENT CENTER MINNEAPOLIS. MN 5548p
property OWNERS LIST
address description
rnnn
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1 lot I 8LK.PARCEL
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3635i
«• IMt ctriincat* are an accu
liiw iapni«inawi)ii m <w<4
Mon at It appaart ttwt date oii p e
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TO:
FROM:
DATE:
'#457
Planning Comnisslon and Council
Jeanne A. Mabusth, Aaat. Zoning Administrator
February 13, 1979
SUBJECT: #457 H. R. Johnston, 925 Willow Drive South
Subdivision
SKETCH FLAM REVIEW - Fred Her fur th. Representative
Mr. Johnston proposes dividing a 104* acre parcel, located on the
west side of Willow (Nl/2, Section 10), into three lots. Each
lot meets the 2-acre (87,120 s.f.) minimum requirement for the
RR-IB district. Hr. Herfurth advises that the lot area calculations
are exclusive of the designated wetlands. It is impossible to
detennine if any other variancea are required aa lot dimensions
have not been recorded.
Access -the access road will be a 50' width designated as an
outlet on plat. The location of the acceas will be
where the existing private driveway is located. Thia
plat access will be reviewed by the City Engineer. The
16* access easement running throu^ Lot B, serving the
Hendel parcel to the west, will be vacated. This section
of access easement will be replaced by the more southerly
located Outlet B. The 16* access .asement through Lot C
will remain.
^457
ilnlstrator
ve South
itive
located on the
:hree lots. Each
ulremwit for the
lot area calculations
is impossible to
«s lot dimensions
eslgnated as an
■ccess will be
I located. This
Lty Engineer. The
►t B, serving the
:ated. This section
' the more southerly
®ent through Lot C
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DeTCrlptloi
I*and Use Application •
or property) //!*\/3^0 SubdlViei/%n -*•- -— -
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Mdree. fAT JUfi. Jt
Present Zoning '
/C2. Subdivision $150*t4>S/Lot
- - Conditional Use $50
_ _ Variance $50
_ _ Rezoning $250 {|
- - Riprap $15 ($65)
PEE _ • *P
Date Rec*d d?* 7f _____
Present vlT
-«xpg ordinance Section Relating to Request _JJ_
Specify Ordinance Requirements X
L
VARIANCE required
_ lot Area
_ _Width
extent of nonconformity
- -- Setback Front_
- - Other, explain
Side Rear
Specify hardships to property
SUBDIVISION appUcetlon ^ Residential Other, explain
No. of Lots d
CONDITIONAL USE AND OTEIER - explain proposed use of property in detail
1.
(Must be“™™tt^’‘lS“ayfprio^^^ COMPLETE APPLICATIONy p lor to Planning Commission meeting)
Application completed
Flat map section
rtetehT^‘*.?' °* property
P«^«l °*
Con.traction plane, if .ppUcbi.
5.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)
P^®“®^^es8ed to each of the luuses on the
DATE
PATEjy^yry
??-••• *» Provld.
Cbrner
Applicant's Slgnatun MiSMJ.'WKmL
the zbnlip Adalnlstrator. city b
and ^cll neceary to'p"^ this
ell fees as established by ordinance.
tired or requested by
\ Planning Oonmission
further agrees to pay
5/78
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TO:Planning Commission
FROM:Alan P. Olson, Village Planner
DATE:February 16, 1979
SUBJECT:Stubbs Bay Moratorium Area
Stubbs Bay Marina Site Review
Together with the materials attached to this memo, you have received
all of the Information prepared for the Council on this matter.
The Council has called a public hearing for tommorrow night,
February 27, 1979 at 7:00P.M. , regarding future use of the marina
site. You are each specifically Invited to attend and participate
in this hearing.
Additionally, the Council has requested reports from every conceivable
source to help them decide the Issues. The Covincll has made a
conmltment to Georg? Johnson that, on February 27, 1979, the Council
will decide whether or not to permit continuation of a marina on the
property.
The Council will receive reports and recommendations from myself,
other department heads, the planning consultant, etc. The Council
desires that the Planning Commission also make a recommendation.
I feel that any recommendation you may arrive at will have a very
strong position In Influencing the final Council decision.
In summary. It Is the Council's desire that you provide a recommendation
to them regarding future use of the Stubbs Bay Marina property. If the
Planning Commission should be divided on opinions, you should be prepared
to provide separate reports. Perhaps Indlvldvial members will wish to
provide the Council with separate letters of recommendation.
TO:
FROM:
DATE:
Council ^
Alan P. Olson, Village Planner
February 23, 1979
SUBJECT: Stubbs Bay Moratorium Area
Stubbs Bay Marina
Attached are reports from John Gerhardson, Mel Kilbo, Gunnar Isberg
and myself. Note that Isberg's draft report contains some factual
errors which I intend to have him correct in the final copy. These
do not affect his conclusions,
I have met with Dr, John Woods of the Gray Freshwater Biological
Research Institute who is.preparing a letter regarding ecological
concerns and Impact on Stubbs Bay. I have had extensive discussions
with the City Attorney regarding legal implications of various
planning alternatives. I have spent many hours researching city
records and basic referrence material obtained from many sources.
The recommendation contained in the attached report is my professional
opinion resulting from my education, experience and research including
review of neighborhood opinions, expert opinions and the extensive ••
city records on this area and this property. The report will not
repeat facts and conclusions contained in earlier memos or reports
but is obviously based upon such record,
I submit this report to the City Council with the firm belief that
I have recommended the best course of action.
REPORT AND RECOMMENDATIONS TO THE ORONO CITY COUNCIL
FROM: ALAN P. OLSON, VILLAGE PLANNER
development of THE STUBBS BAY MARINA PROPERTY FOR
REVIEW AT THE FEBRUARY 27, 1979 PUBLIC HEARING
This report and ray recommendations aa-a. upon my professional
education, experience and research review of the followine
resources: ®
-Reports by Gunnar Isberg, City Planning Consultant
-Reports by Patchin Appraisals, Inc.
-Comments by the Orono Planning Conmission and Planning
Commission Members
-Comments by Stubbs Bay Area Residents
-Comments by Dr. John Woods, Director, Gray Freshwater
Biological Institute
Statements, Regulations and Reports by the Lake
Minnetonka Conservation District
-^bllcations and Regulations of the Minnehaha Creek Watershed
District
-Publications and Regulations of the Minnesota Department of
Natural Resources
-Publications and Regulations of the Minnesota Pollution
Control Agency
«<* of the Mlnneeote Health Department
«**f^f* entitled "A Program for Preaerving the
Insurance Study for the City of Orono by the
U.S. Department of Housing & Urban Development. Federal
Insurance Administration
-The Comprehensive Plans, Ordinances, Resolutions, Policies
and Public Records of the City of Orono
-Comments and Reports by City Staff and Consultants
c Proposals of James K. McCleary,
Stubbs Bay Marina owner between 1973 and 1979
-Applications, Comments and Proposals of George R. Johnson,
Stubbs Bay Marina Contract Purchaser, 1978/1979
-Personal involvement with the subject property and all
applications and proposals therefore since January. 1976
including numerous personal inspections of the property *
on land and from the lake, since that time.
ir
REPORT AND RECOMMENDATIONS TO THE ORONO CITY COUNCIL
FROM: ALAN P. OLSON, VILLAGE PLANNER
REGARDING DEVELOPMENT OF THE STUBBS BAY MARINA PROPERTY FOR
REVIEW AT THE FEBRUARY 27, 1979 PUBLIC HEARING
This report and ray recoramendations are based upon my professional
education, experience and research including review of the following
resources:
-Reports by Gunnar Isberg, City Planning Consultant
-Reports by Patchin Appraisals, Inc.
-Comments by the Orono Planning Commission and Planning
Commission Members
-Conments by Stubbs Bay Area Residents
-Comnents by Dr. John Woods, Director, Gray Freshwater
Biological Institute
-Policy Statements, Regulations and Reports by the Lake
Minnetonka Conservation District
-Publications and Regulations of the Minnehaha Creek Watershed
District
-Publications and Regulations of the Minnesota Department of
Natural Resources
-Publications and Regulations of the Minnesota Pollution
Control Agency
-Publications and Regulations of the Minnesota Health Department
-The 1971 ’’Harza Report" entitled "A Program for Preserving the
Quality of Lake Minnetonka"
-The 1977 Flood Insurance Study for the City of Orono by the
U.S, Department of Housing & Urban Development, Federal
Insurance Administration
-The Comprehensive Plans, Ordinances, Resolutions, Policies
and Public Records of the City of Orono
-Comments and Reports by City Staff and Consultants
-Applications, Comments and Proposals of James K. McCleary,
Stubbs Bay Marina owner between 1973 and 1979
-Applications, Comments and Proposals of George R. Johnson,
Stubbs Bay Marina Contract Purchaser, 1978/1979
-Personal Involvement with the subject property and all
applications and proposals therefore since January, 1976,
Including numerous personal Inspections of the property,
on land and from the lake, since that time.
1
li
I. RECOMMENDATION
Based upon the foregoing, I recomnend to the City Council that the
property comnonly known as Stubbs Bay Marina (legally described as
Block 7, Bayslde Addition to Lake Minnetonka and Lots 21 and 22,
Auditor's Subdivision No, 203) be zoned and restricted for use as
One Family Lakeshore Residential property. District LR-IA, consistent
with the zoning designation and actual use of all surrounding properties.
I support this recommendation with my conclusion as a professional
planner that this zoning designation Is entirely consistent with the
goals, Intents and purposes of the City's Comprehensive Plans and
that any other designation Is Inconsistent with those goals. Intents
and purposes,
I further recommend to the City Council that the future development
and use of the subject property be restricted and limited to those
permitted and conditional uses specified as appropriate uses for the
LR-IA zoning use district,
I support this recommendation with ray conclusion as a professional
planner that said permitted uses are Indeed appropriate for this
property given all neighborhood, topographic, geographic, ecological,
historic and legal restrictions imposed on the property by its very
location and Intrinsic characteristics and that all other uses,
including limited commercial use as a marina, are infact Inappropriate
for the property and the neighborhood.
II. COURSE OF ACTION
The Council's first responsibility is to accept the many reports and
recommendations prepared on this subject and to hear the coninents
and recommendations of the property owr.^rs, neighbors and public at
large.
I recommend that after receipt of all facts and opinions, the City
Council adopt a RESOLUTION OF INTENT regarding future zoning,
development and use of this property. This resolution would be
conceptual in nature, allowing staff an opportunity to Include all
new information received at the public hearing, to Include exactly
all findings of the Council and to ensure that the final resolution
bo correct In detail prior to passage at the next meeting. I have
attached a suggested draft of such a resolution.
I recommend that the Council amend the 1974 Comprehensive Plan
consistent with the findings of this moratorium area study.
L
II. COURSE OF ACTION (Cont.)
I recotiinend that the Council commence an action to rezone the subject
property from B-2, Lakeshore Business District, to LR-IA, One Family
Lakeshore Residential District,
I recoimend that the Council thereafter deny the 1979 Commercial
Dock License application of George R. Johnson and that the Council
deny any and all applications for conmerclal development on the
subject property.
I recommend that the Council deny continued use of the property for
commercial purposes Including on-land storage and In-lake dock
construction and that the Council Institute condemnation procedures
for the existing unsafe dock structures finding, as the Council
did In the 1978 Dock License Resolution No. 971, that such structures
pose an Immediate hazard to public health and safety.
I recommend that the Council (and staff) continue study of the
Stubbs Bay Moratorium Area In regard to the other Issues of sewage
treatment and disposal, flooding hazards, housing deterioration,
crowding and the need for future public expenditures to alleviate
such conditions. Such study Is Intended to be completed prior to
the end of the current Moratorium expiring on July 31, 1979, with
the findings and conclusions of such studies to be Incorporated
in the current review of the Comprehensive Plan of the City,
III. SUGGESTED FINDINGS IN SUPPORT OF THIS RECOMMENDATION
These findings are not considered to be a complete list but are only
representative of the detailed findings which would be incorporated
In a final resolution of the City Council.
1.The Council confirms the findings and conclusions of the 1974
Comprehensive Guide Plan regarding the paramount objectives of
a) the preservation of the quality of Lake Minnetonka as a
unique, yet fragile ecological and recreational asset and
b) the maintenance of low-density rural land use policies as
opposed to urban development which development often results
in increased public and private costs while serving to benefit
a limited number of developer/land owners to the detriment of
the citizens in general.
2.The Council acknowledges that, while the findings and conclusions
of the 1974 Comprehensive Guide Plan were and still are valid,
the designation of the subject property for commercial use was in
error and was unsupported by any logical planning or land use
criteria which error should now be corrected as part of the
overall Comprehensive Plan Review.
I
III, SUGGESTED FINDINGS IN SUPPORT OF THIS RECOMMENDATION (Cont.)
3.The Council confirms the findings and conclusions of Resolution
No. 938 regarding Increased boat density on Lake Minnetonka.
4.The Council confirms the findings and conclusions of Resolution
No. 943 regarding prior development, use and applications for
use of the subject property.
5.The subject property is not currently in use as a marina as
permitted under B-2 zoning use district regulations.
6.The subject property has in fact not previously been used to the
full extent requested, licensed and permitted by the City and
the LMCD, which fact underscores the unwarranted increase in
marina development in recent years, the physical limitations
on the site and the unsubstantiated need for any commercial
development of the property.
7.
8.
The existing zoning is obviously unplanned "spot" zoning.
Residential zoning and use is completely compatible with all
adjacent and nearby zoning and land use.
9.New information available since 1974, including the Federal Flood
Insurance study, increased local, state and federal knowledge
concerning sewage treatment and disposal, and increased knowledge
of lake ecology have become cause for new planning conclusions
regarding use of this property independent of any City initiated
action.
10. Stubbs Bay is a shallow bay, otherwise completely residential
in character, and has been classified as a potentially critical
bay for boating use.
11. Maxwell Bay, through which all boat traffic must pass to reach
Stubbs Bay, is already classified as a critical boat use bay.
12. The bay and the property are not physically suited for commercial
marina development.
13. The City, the LMCD and the DNR would never permit a "new" marina
on this site.
14. The proposed development would be a "new" marina because no viable,
active marina exists today.
! :
15.
16.
17.
18.
19.
20.
III. SUGGESTED FINDINGS IN SUPPORT OF THIS RECOMMENDATION (Cont.)
Allowing development of the property for marina use (or boat
slip rental use) would adversely affect neighboring properties,
properties abutting Maxwell and Stubbs Bays and the quality
of Lake Minnetonka. Such adverse Impact could be described as
a legal •'nuisance” which Is substantially unwarranted. The
benefit to the property owners would be at the expense of the
neighboring owners and the public In general.
Use of the property for residential purposes Is compatible
with the neighborhood, would not Increase the demand for
public services and expenditures, and Is physically compatible
with the condition of the property and the condition of the bay.
Because of the physical flood plain restrictions, any development
of the property has special concerns or requirements but on the
whole, residential Impact appears to have more positive aspects
and fewer (or the same) negative restrictions as would commercial
development.
Any diminution In value which might occur because of the cessation
of commercial activity can most likely be attributed to arbitrary
or at best speculative value associated with the previous non-
vestlnR licensed rights to some given number of boat docks
constructed on and In the public waters.
The private right to unlimited commercial development of marginal
property, and the private exploitation of public waters is far
outweighed by the most general public right to reasonable,
compatible land use planning and general benefit.
The continued zoning and use of the property for commercial
purposes is not in the public interest.
n
ll
I
RESOLUTION NO.
A RESOLUTION OF INTENT REGARDING PERMITTED
DEVELOPMENT OF STUBBS BAY MARINA PROPERTY
n WHER^S, the City Council of the City of Orono has adopted
^a’ a Moratorium on development In »-heStubbs Bay Area of the City; and
♦-Via WHEREAS, as a part of the study undertaken to accomplishsiSxsrir«
►u c. Lv WHEREAS, the City Council has assembled reports and researched
the Stubbs Bay Marina Property extensively over the past s^erll y«rs
rrir of '^•'e Moratorium was established
and the City Council has duly considered the reconr.endatlonrof staff
public as documented In the recorfof“ ’
Public Hearing called for this purpose on this date.
the ritv ? n* BE IT RESOLVED, that the City Council of
hereby determines that the subject property is not
commercial use or activity, that the subject property
residential purposes compatible with all nearby properties
and that the City Council intends to undertake the following action^^in *
response to this determination;
1. Adopt a comprehensive resolution setting forth the
detailed reasons for making this determination.
Plan '*°*'*' appropriate amendments to the City's Comprehensive
3. Rezone the subject property from B-2 to LR-U to be
consistent with existing zoning of all adjoining and
nearby property.
4. Deny the 1979 Commercial Dock License application for
this property.
5. Enforce removal of the existing hazardous docks
attached to this property.
6. Deny non-conforming commercial use of the property.
day O'-Obb tbl»^ - - - -« 19_ _ _ _ _ _ _ _.
ATTEST:William B. Van Nest, Mayor
Walter R. Benson, Clerk Administrator
!
1
TO: Alan Olson, City Planner
FROM: John R. Gerhardson, Public Works Coordinator
DATE: February 19, 1979
RE: Stubbs Bay Marina
At your request I have inspected the Stubbs Bay Marina area.
It is my opinion that if a Marina is going to be at that site there are
two concexns that I have;
1. Drainage:
On the north side of that property is a drainage ditch that
collects almost 100% of the run off from Tonka Avenue and
part of the north side of (Cc. Rd. 84) Bayside Rd.
There will also have to be drainage control on the south side
of the property to prevent and erosion to East Lake Street.
2. Access:
Depending on the amount of traffic generated I am sure there
would have to be a wider approach and possibly moved further
east.
DATE:February 21, 1979
Alan Olson, City Planner
Melvin Kilbo, Chief of Police
SUBJECT: Stubb's Bay Moratorium Area
TO:
FROM:
In r6vl6wing pollc6 cdlls to tho bvbb since iq7s t
SSorSd"SarSff.s;o“Sisir‘.”j.s?t‘’?s^riS/S
I will onlv^atatS tha+°rt+!l®^ development should prevail.
r
SS4M I4k« Im4
Uf VtlUttf Ohio. 44140
19, 197$
Nr« A* P* Olaoa
Zoalns Adalalstcator
City of Ofoao
P.O. Bos 66
Cryotal Boy* MtoMOoto*S5323
Door Mr* Oloont
Ao omoro of loto 24 ond 29 no ort eppoood to tho pfoposod rosonlns of
ptoporty ot 3445 Boyoldo Raad* Mf foot thoro ohould not bo any furchor
oonmoTClol oxpoaolon on Stubbo Boy. This to o onoll boy thoc oonnot
oupport o lorgo norlno without oorlouo dogrodotloo of tho ontlro Stubbo
Boy oroo. Any norlno to o olfolfleont dotorroat to doolroblo dovolop-
■eat. tf nonoy la Inooatod la tho norlno thoro will bo no hopo of o
future hith quality nolghborhood oa that oldo of tho bay.
In oontroot to tho norlno, wo haue dotallod bluoprlnto and epooIfloatlone
for tho hone we plan to build on lot 24. Tho hono woo ouaton doolviod
opoelfleally for that lot. Ono onoll dook would bo looatod on lot 25, oo
It lo ot preoont. Uo fool our plana would upgrodo tho oroo and would
Inoreaao tho llkollhood of othor oxponoiwo hono building* Wo bollowo
quality hono building would oontrlbuto noro to tho oonnunity than any
■arlaa douelopnont.
If It would bo hotpful wo would bo ploaood to bring our plana to tho vlllaao
*fflco. Ao foimr roaldonte of tho Lako Mlaaotonka roglon who plan to
return to build oa our lot In a fow yoaro, wo hawo a olneoro Intoroot la
tho future of the aroa. coll uo at 216»87U1753 If wo oan bo of mf
ooalotaaoo.
SInoorely,
Dr* and Hra* V. H* taraon
mial
JU
r- /r\ ^r-r U 'L
FEB 23 1979
CIT^e oe ORONO
25404 Lake Road
Bay Village, Ohio
February 19, 1979
44140
Mr. Walter R. Benson
City Administrator
City of Orono
Post Office Box 66
Crystal Bay, Minnesota 55:-23
Dear Mr. Benson:
We are unable to attend the hearing on February 27, but we would
like to express our Interest In keeping the Stubbs Bay area
esidentlal with limited docking space. As stated in our letter
June 19 (a copy of which la enclosed), we are opposed to commercial expansion. pposea co
Into ^*** distance the docks can extend
of Jthljs!^ ^ the property
Sincerely,
Dr. & Mrs. Vincent H. Larson
VHL:sl
Ene.
^UBU
TO:
FROM:
DATE:
Planning Comnission
Village Planner
February 14, 1979
SUBJECT: Conmission Appointments
New Applicants - The Council has recently received letters from
four residents expressing an Interest in future appointment to
the Planning Conmission. Three of these people have appeared
before the Council to express their interest and the Council has
suggested that they also attend a Planning Commission meeting to
meet you and become acquainted with Planning Commission procedures.
Consequently, they have been invited to the February 27, 1979 meeting.
The Council will be appointing a new member to fill the upcoming
vacancy left with Dick Hassel's resignation. If you have any
suggestions, comnents or recommendations, please be prepared to
pass them on to the Coimcll at the February 27, 1979 or the
March 13, 1979 meeting.
Chairmanship - The Council revised procedures for the appointment
of Comnission Chairman and Vice Chairman in June of 1978 (see
Ordinance 211). They have since taken an active role in the
selection of the Chairman, but havo not pursued the appointment
of Vice Chairman. On February 13, 1979, the Council decided that,
yes, they will now appoint the Planning Commission Vice Chairman.
The Council encourages the Planning, Commission to recomnend a person
for that role, again at the February 27, 1979 or March 13, 1979 meeting.
If the Planning Commission chooses not to make a recomnendation, then
the Council will independently arrive at the appointment.
Coomunication > The Council expressed some very real concerns about
continuity of communication between the Planning Commission and the
Council. The concensus was that the former policy of having a
Council person attend Planning Comnission meetings was detrimental
to the independent fact-finding purpose of the Planning Commission.
The Planning Conmission should discover the facts, expose the issues,
take the pulse of the comnunity and arrive at a recommendation from
a planning basis. This means that community goals should have more
of an Impact on the recommendation than legal issues, engineering
issues, past precedent, or political pressures. The Planning Commission
recomnendation may in fact be contrary to the recommendation of the
attorney, the engineer, or the planner. The recommendation may include
changes to existing policy or ordinance if appropriate. The Council
then has the task of reviewing all the various recommendations and
arriving at an educated decision.
February 14, 1979
Commission Appointments - PC
Page 2
To this end, the Council may often need a Planning Commission
representative present at Council meetings to expound on the
Planning Commission reasoning. The Cotmcll has suggested that
the Planning Commission Chairman or another mender regularly
attend Council meetings as the Park Commission Chairman does.
Perhaps the attendance could be rotated among all the Planning
Coimisslon members. The Council would like your response to
this suggestion.
ORDINANCE NO. 211
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OP THE
CITY OP ORONO RELATING TO THE APPOINTMENT OP
CHAIRPERSON AND- VICE CHAIRPERSON AND VACANCIES
OP THOSE POSITIONS POR THE PLANNING COMMISSION,
PARK COMMISSION AND HUMAN RIGHTS COMMISSION;
AMENDING CHAPTERS 7, 9 AND 12 OP THE ORONO
MUNICIPAL CODE BY ADDING CERTAIN SECTIONS
THE CITY COUNCIL OP THE CITY OP ORONO ORDAINS;
Section 1. Chapter 7 of the Municipal Code of the City
Of Orono is amended by amending Section 7.030 to read as follows:
and fill such other offices and committees as it may determine
each no^h least one regular meeting
iirLislSHiil£r“appropriated for the purpose by the City Council.
. conanission shall hold at least one regular meetino
V-vfindings and determinations, which record shall be a public
1
*1^
record. Expenditures of the comniission shall be within amounts
appropriated for the purpose by the City Council.
Section 3. Chapter 12 of the Municipal Code of the City
of Orono is amended by adding Section 12.070 to read as follows:
12.070. Organisation - Meetings. The council shall
appoint a chairperson and vice chairperson from among the
appointed members for the term of one year commencing January
of each year. Any vacancy of the chairperson or vice
chairperson shall be filled by appointment by the council for
the unexpired portion of the term. The commission may create
and fill such other offices and committees as it may determine.
The commission shall hold at least one regular meeting
each month. It shall adopt rules for the transaction of busi- .
nhss and shall keep a record of its resolutions, transactions,
findings and determinations, which record shall
record. Expenditures of the commission shall be within amounts
appropriated for the purpose by the City Council.
Section 4. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this 15 day of
June _ _ _ _ _, 1978, by a vote of 4 ayes and 0
nays
William B. Van Nest yor
ATTEST:
Walter R.'i^son,
Clerk/Admixdstrator
Published in the Lake Minnetonka Sun
on the_ _day of_ _ _ _ _ _ _ _ _» 1978.
February 1, 1979
Wayzata Country Club
200 Wayzata Boulevard
Page 3
#4 Q A
PLANNING COMMISSION MEETING - FEBRUARY 12, 1979
Neighbors in attendance at meeting approved of the
project. The physical isolation of the twelve units and the
quality of con^ruction plans appear to be principle reasons
for change.
All action on the application was tabled until the February 26th
:a“»Jhtlr:rec" :rd'^ir:Ld‘t^ "ZlTs lll'iiZ =onVep«.
Planning Commission also requests follow up on Wayzata Council 8
final determination.
Gregg Hannah requested that staff review the question 8°lt
cou“e lands satisfying the open space requirements for a PRD.
Unfortunately, this point is not covered in the ordinance and
a policy determination will be required by the Planning Commission.
38.630 P.R.D.: Open Space, etc. The dedication, ownership,
use and maintenance of open spaces created by the
application of the Planned Residential Development
shall be subject to conditions deemed necessapr by
the Council to assure the preservation of such open
spaces for their intended purposes.
38.640 P.R.D.: Dedication of Open Space The dedication and
ownership of such open spaces may be through:
(a) Homeowners Association
(b) Landlord Maintenance
(c) Special Service District
(d) Municipal Ownership
or any other method deemed appropriate by the Council
to accomplish the purposes of this plan.
February 1, 1979
Wayzata Countiry Club
200 Wayzata Boulevard
Page 4
38.650 P.R.D.; Site Plan The proposed site plan, including
location, spacing and basic design of proposed buildings,
street and parking plans, water and sewer (public or
private) plans, and plans of open space available for park
or recreational purposes, shall be submitted for approval
by the Planning Commission and the Council.
After consulting with the Orono and Wayzata planners, I have learned
that it is a common practice, especially in the south, to use golf
courses for open space credit. Staff has no problem with this use.
STAFF NOTE - FEBRUARY 15, 1979
The first joint staff meeting will take place on February 22, 1979.
All agree before any action is taken that it might prove beneficial
to hold a joint Planning Commission meeting. Action on the application
should be tabled again on the February 26, 1979 meeting.
I
TO: Planning Commission and Council
FROM: Alan P. Olson, Village Planner
DATE:February 16, 1979
SUBJECT: Revised Application Forms
The attached forms are provided for your review and comment before
they go into use. These forms will be used only for variance applications.
Similar forms will be developed for subdivisions, conditional uses, etc.
The intention is to provide a check list to aid in assuring complete
reviews, to provide information in a consistent format, and to reduce
or eliminate the need for typing repetitious memos.
The first sheet. Exhibit 1, is to be completed by the applicant. Note
the list of exhibits which will all be marked and kept in order in
your packets.
The second sheet provides a brief description of requirements and
procedures for the applicants information. This has been in use for
some time now.
The third sheet. Exhibit 5, lists technical data (numbers) per Information
supplied by the applicant and information in the public record. The
extent of the variance is listed. Staff completes exhibits.
The fourth sheet. Exhibit 6, provides staff comments and recommendations.
If the application extends into several meetings, you may have two or
more successive exhibits #6. The ordinance requires that findings 1~5
be made for each application, plus additional findings specifically
relating to the subject application.
After Planning Coimisslon recommendations are made, the Council will
get the same information plus Planning Commission minutes. The
Planning Commission representative will also be able to assist the
Council in arriving at the final decision.
I
February, 1979
CITY OF ORONO
LAND USE PLANNING - ZONING VARIANCE INFORMATION
(Keep this page for your information)
THE ZONING CODE is a set of regulations and performance standards aimed at
guiding the orderly development and use of land within Orono consistent with
the goals of our Comprehensive Plan, The attempt is made to balance existing
land use against ideal situations. The code is the law.
A VARIANCE is the procedure established to modify the strict enforcement of
the letter of the law, A variance may be Issued by the City Council upon
finding that a iinlque situation exists, that strict enforcement would cause
an undue hardship, and that the end result would be within the intent of
the Comprehensive Plan.
A HARDSHIP MUST BE DEMONSTRATED BY THE APPLICANT The hardship must be unique
to the land in question, or to a small area, it cannot be a common situation.
The hardship must run to the land. Examples are steep slopes, lakes or wetlands,
large trees, existing structure locations, and unusually shaped or sized
properties without adjacent vacant land.
A VARIANCE CANNOT BE ISSUED to satisfy the esthetic or economic desires of the
applicant; to simplify design or construction; to affect any building code
requirement; to permit any land use not allowed within that zoning district;
when the requested use can be located somewhere on the property without a
variance; or if the result will in any way affect the public health, safety
or general welfare.
PROCEDURES require filing a complete application with the Zoning Administrator
at least ten (10) days prior to a scheduled Planning Commission meeting.
Neighbors are notified and invited to attend the meeting to make relevant
coninents. The Planning Commission reviews your request, establishes facts,
and makes a recommendation to the City Council. The Council will then review
the recommendation and approve or deny the application.
SCHEDULE The Planning Commission meets twice a month. The Council hears
ary, 1979
standards aimed at
)rono consistent with
le to balance existing
rict enforcement of
City Council upon
rcement would causo
in the intent of
rdship must be unique
e a common situation.
Lopes, lakes or wetlands,
shaped or sized
:onoraic desires of the
any building code
lat zoning district;
■operty without a
•lie health, safety
Zoning Administrator
ission meeting,
to make relevant
establishes facts,
cil will then review
le Council hears
February, 1979
CITY OF ORONO
MNP USE PTANMTMr; ZONING VARIANCE INFORmTTnia
^ ®ep this page for your information)
^VARIANCE is the procedure established to modify tb*. ^ r
the letter of the law. A variance mav enforcement of
finding that a unique situation exists, that strict ellf Council upon
an undue hardship, and that the end result would be wl^bicause
the Comprehensive Plan. within the intent of
^ the land in question, or to a small area it“cannr^ , unique
The hardship must run to the land Examnloc nnot be a common situation,
large trees, existing strucLrri^catW lakes or wetlands,
properties without adjacenrvaLirLnd? * unusually shaped or sized
A variance cannot be ISSTIKD to satlsfv ^bo
applicant; to simplify design or construct!oneconomic desires of the
requirement; to permit anv land n«#» nnt- n *j ®^affect any building code
when the requested use can be located someth'**'* zoning district;
variance; or If the result wUl ifll “Ithout a
or general, welfare. ^ ^ affect the public health, safety
^ET^en"?wrde“,“p?i:u“rl%^\:Su1e^^ ^"‘"8 Adnlnlstrator
Neighbors are notified and invited to atte^d^Jb""^"® ^nnnission meeting,
conroents. The Planning Conmission ^ meeting to make relevant
and makes a recommendation to the Citv Co^Ml**^ establishes facts,
the recosMcndatlon and approee^o^ dej? Srap“ilca™Ln^'"'“
The applicant will be notified of all recommendation,
attending all meetings. meeting dates and should plan on
IHFORmTlON gK()|lTRrn to be provided by applicant:
2. S“tfleS^urirproJert^y^oC“°"i°;:^ application form.
boundaries; the^a^^a^of^the*^lot^*^the**i^^"?/“^®i°^ showing the property
existing and proposed stJuctir« or sdd?^ of Til ^
wetlands; and any physical feature dee d e”** lakes, streams or
5. Sketches or plans of reauLr I?®'* ® hardship.
6. Septic system site evaluation report for°Dr‘’*^"“d^"‘* elevation views.
7. Any additional information vou tMe^ f P''®?””*' "®" houses,
comnents by close nelghbora^ appropriate. Including written
8. The variance application fe^ la flsQ.Qol
&drp%::nr:hfra:;%ppJT:l;? stirjry=?“ application, however,
as time and expenses for City Engineer, Clty’^Attorll^ror orte^'consuJL'tf
A VARIANCE IS WOT A BUILPTNC preurr jf
one year In which to apply for a bulldlne ^ ''ariance Is approved, you have
Information £hich may be”equlred™“;ha?®Many
I bulfdf®®“®^ ''‘®hln the limits of approval-*^ L n'”^ ®*’®® Po>n"lt
building after approval or a new variance njy be «qC?«d ®"^®''«®
February, 1979
nance standards aimed at
■bin Orono consistent with
•S made to balance existing
! law.
he strict enforcement of
the City Council upon
enforcement would cause
within the intent of
he hardship must be unique
not be a common situation,
eep slopes, lakes or wetlands,
Jally shaped or sized
or economic desires of the
.feet any building code
lin that zoning district;
he property without a
e public health, safety
h the Zoning Administrator
Commission meeting,
ting to make relevant
BSt, establishes facts.
Council will then review
>n.
The Council hears
makes their recommendation,
md should plan on
ce application form,
of your lot obtained from
603 County Government
d with no return address^
3r showing the property
dimensions of all
f lakes, streams or
i a hardship,
ind elevation views,
new houses,
including written
i
n application, however
ual review costs such
or other consultants.
Ls approved, you have
the inspector for any
that the permit
lot relocate or enlarge
lired. ®
l^ND USE PLANNING
ZONING VARIANCE APPLICATION exhibit 1
INSJRJ^lOVS
CITY OF ORONO
P.O. Bom CiystJl Bay, Minnesota Si323 *73-7357
”ypror‘^l'„[r'‘ if' Inf-reatlon Sheet. C^^pUt,
LIST OF EXHIBITS
1. property address Peaerlptlon
‘*••1 .-n ™
2. applicant
------------------ ——----------------------------Phone
Include; ^
Killing Addreet
If Applicant if not owner, explain
Application Fona
Property Oc-nera Llat
Certificate of Survey
Receipt #___
3. OWNER Ka..
Phone
Date Received
By____
Mailing Addreat
Date Property Acquired
I (do not) also own other adjacent parcX’of land
AGENT _______ ^----- ——-------------------- rhont
f f- 7nfoi3».aMon
^ ___ PUt Hap
^ — Inventory
^ — - Staff Coctsentg
£Ul«rJLn foraitlon
Flr«
Mailing Addresa
5 • NOTICES Should be aent to:
Applicant
6, PRESENT ZONING USE DISTRICT
f^er Agent
7. PRESENT USE Realdentlal _____ (Other)
Vacant Land - - - Vacant BuUdl„g(.)- - -occupied Bulldl„*(,)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Describe request in detail:— repUca
9. VARIANCE(S) required .. .w ,h,
- - - Setback (- - front _ _ side _ _ Rear) Other
Lot Area Lot Width Hardcover
10. Describe UNUSUAL PROPERTY CONDITIONS .........................
UNDUE HARDSHIP or PRACTICAL DIFFICULTY
regulatlona re.ultlng fro. atrlct enforce^nt of soniog
EFFECT OF PROPOSED Wo'rk . , -- - - - - - - - - - - - - - -- - - - - -
________________________ ” "• ■- u. ...........
APPLICANT and the PROPERTY mjMr*t>
*Pn.KilKT hereby aereea e- OWNER mUSt
r«,u.red or re^uea'tLT.L^!:!”**!:*! ‘"'»™-“on
»o p-y an faea and/or unu.ll" "5„^^ ?
of thla application, and certlfurth^by Clrr ,t,ff Tf reasonable entry onto the property
and coHola.ion .eiberr^
vrr,Mcat}™“ort":/" ‘"-“Mt.on and ’
Applicant's Signature Date OuTier's Signature Date
APPt-iCATTON OKAmi-.T TT.. r,,,.. ...................
I^Xeshorc 75 Ft.
^‘ctilanda J6 rt.
HARDCOVER ^lOT AREA permitted
hardcover
• .f.
Wtld 0 - 26 Ft. OK --s
1^9 0 - 7S Ft. OK
L9km 7$ - 250 Ft. 2SK
1^9 250 - 500 Ft. 30K
^9 500 - 1000 Ft. 35%
OTHER SECTION*?--------------------________________________________________________
Bulldino H«i9ht (m.|
Parking (Min.)
------------------------------
CITY OF ORONO
LAND USE PLANNING
STAFF C0:-S-1ENTS & RECOMI-IENDATIONS
exhibit 6
Page 1
prepared FOR:
BY:
P]«f*nin9 Cursnipoiun Karting (Cati*)
Cc^uncil fkrcting (Laic)_____________
CSiiff) ________________________________
(Staff)__________________________
APPLICATION REVIEWED BY:
. City Adfliiniatrator
• ^
. City Atiornay
. City Cnginaar
Village Planx^er
Zoning Adirinistrator
Planning CcrmiEsion
Park Consfission
-—— korks Cooidinaior
-------- Public Safety Director
——, finance Director
- -- Building Inspector
- —Septic Inspector
Hennepin Cty. DOT
Minn. State DOT
_ Minn. DNA
(dates)
(dates)
_ _HCWD
L.HCO
SPECIAL COMMENTS
STAFF RECOMMENDATION
■w^, ■ .
mk
APPAOVE •ppllcation es eulasittod
ArMOVE application aubjaet to followiny condition.
TA.Lt application *o, additional Information
OEKY application lor raasona notad abova
CITY OF ORONO
LAND USE PLANNING
STAFF COMMENTS & RECOMMENDATIONS
EXHIBIT 6
Page 2
SUGGESTED FINDINGS
1.Tii«f ^pecial condition* Applying to Uie structure or lend in question sre peculiar to such property or
lnr.edistely surrounding property and do not apply generally to other land or structures in the district
in which said land is located: Ol*
Hie conditions applying to the structure or land in question are not peculiar to such property or
IrrKfdiately surrounding property but do apply generally to oOicr land or structures in the district in
which seid land is located.
2.
3.
Hie granting of the application is
substantial pro^/erty right of the applicant.
is not tiecesnary for the preservation and enjeyn^nt of a
granting of tha proposed variance will not in any way impair the public health, safety, comfort*
norals or general welfare: on
Ihe granting of the proposed variance nuiy impair the public healt^. safety, comfort, rorals or
general welfare.
4.The granting of the proposed variance will not be contrary to the intent of the Corprehensive Land Use
Plan or the Zoning Coder OK
The granting of the proposed variance would be contrary to the intent of the Comprel.ensive Land Use
Plan or the Zoning Code.
5.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary
to alleviate demonstrated hardships or difficulties; OR
The applicant has demonstrated no recognized hardship or difficulty and therefore the granting of such
variance should laerely serve as a convenience to such applicant.
SUGGESTED CONDITIONS OF APPROVAL
1.
2.
a.
d*
ft*
ft*
* :<■,
m
■i
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