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06-11-1979 Planning Packet
r -r—-Tttr’ agenda : V I % l ri I ■Vj 'u • . i ; j PLANNING COMMISSION MEETING JUNE 11» 1979 COUNCIL CHAMBERS - 7:30 P.M. CALL TO ORDER 1. Call to order/Roll PMRT.TC TrJFORMATION MEETINGS Enervest Builders. 325 West Lalce Street - SUBDIVISION/VARIANCE . -jgc willow Drive North - SUBDIVISION 7:45 P.M. #437 Larry Osgood, 365 Will 2.7:30 P.M.#460 3.7:45 P.M.#437 PtIRT.TC hearing 4.8:00 P.N.#478 - VARIANCE & utility easement vacation appearance 5. B.n-Con corporation - Townhouse project on Long Lafce ACTION ITEMS 6 #436 Alexander Holier, 2677 Casco Point Hoad - CONDITIONAL USE PERMIT .432 warren Ortenhlad. 3870 Shoreline Drive - COHDITXOHAL USE PEEMIT 8. #477 Charles Peterson, 1505 north Arm Drive - VARIAMCE 9 #480 Thomas Williams, 455 Park Lane - VARIAMCE I^. #481 Lowell Eitlloii, 3850 Shoreline Drive - COMDITIOMAL DSE PERMIT U. #483 Charle. Coakley, ,2166 Shadywood Road - VARIAMCE WORK SESSION 12. #479 Chuck van Eeckhout, 1025 Worth Brovm Road - SUBDIVISIOM gjCF.TCH PLAN REVIEW • , - ccc/g*?*> Oxford Ro3id — SUBDIVISION13. #482 lioren Klitzke# 555/575 ■4 1 IN ■ 'i' •■i •if Agenda Planning Coinmission Meeting June 11, 1979 Page 2 APPROVAL OF MINUTES 14, Meeting of May 21, 1979 COMPREHENSIVE PLANNING COMMENTS 15. Joint Council/Planning Commission Meeting June 1979 at 7:30 P.M. INFORMATION ITEMS 16.Proposed Joint meeting between Orono and Wayzata (Council representatives. Mayors and staff) to discuss Wayzata Country Club Condominium Proposal 17. Discussion - City Adruinistrator's letter of May 24, 1979 t r i ^T' mI £l co m /a t>\/A VILLAGE OF OIMO Vh;.«ai« T «il.S »*.»«%• •• «•• w TO: FROM: Planning Commission and Council i i Jeanne A. Mabusth, Asst. Zoning Administrator DATE:May 15, 1979 I SUBJECT: MO Enervest Builders, 325 West Lake Street SUBDIVISION/VARIANCE SKETCH PLAN REVIEW Enervest has received approval of a variance to Ordinance No. 219, the Stubbs Bay Moratorium. The approval will allow for normal review of the Planning Commission but no action by Council can be taken on the preliminary subdivision or variance until expiration of the moratorium The applicant proposes a lot realignment of Block 2, Lots 4, 5 and 6, Hillside Park, into two lots. This will allow for a more acceptable building and septic site for the newly created lot and the existing house on Lot 6 CDonald Doty) will be without violation. Mr. Doty has erected a fence that runs 20' deep and 60' along the south side of Lot 5. Lot 1 will access from County Road 135 (Tonkawa). The applicant must understand that no setback variances will be allowed. The existing house will require a side yard variance only. The north side yard has b^en increased from 1' to 20'. The fence will run along the newly creatt-d lot line. Please review the enclosed memo from the septic inspector. List of Variances Required; Lot Area Variam'e - Ordinance 34.352 Required: 8'^,120 s.f. Proposed: 45.712 s.f. Variance: 41,408 s.f.487o Lot Width Variance - Ordinance 34.352 Required: Proposed: Variance: 200' 150' 257o' •h May 15, 1979 Enervest Builders 325 West Lake Street Subdivision/Variance Page 2 Septic Variances: A.Setback Variance for drainfield from Required: Proposed: Variance: 75' 60' 15' = 20% B.Drainfield Variance Required: Proposed: Variance: 10,000 s.f. 6.000 s.f. - 7.000 s. f. 4,000 s.f. - 3,000 s.f. PLANNING COMMISSION MEETING - MAY 21, 1979 Planning Commission reviewed the implications of the original intent of the 2-acre zoning district and proposed lot area for the newly created lot. Staff has been asked to determine the size or the wetland and status of lot at 2650 Tonkawa. A Public Information Meeting has been set for June 11, 1979. STAFF NOTE - MAY 30, 1979 We have determined the wetland to be approximately 6,225 s.f. (83' X 75'). The wetland is not an artificially created one as^ originally thought for we have located a culvert under ^ty s i"in«ew!“ihn’r^uireIent”urelSnaJe% septic site but the inspector advises the 50' X 150 area at the west edge of lot affords suitable septic area. Staff has inspected the lot at 2650 Tonkawa and determines the lot to be unbuildable until sewer is available. The acquisition of property with severe slope problems will in no way improve the condition of Lot 1. I think it is important to remind Planning Commission that this is a lot realignment subdivision. The owner of Lots 4 6. 5 could have presented a very strong case for a lot area variance^ and based on recent Council decisions, probably received approval. In this application, we have a far more efficient use of land. I •< May 15, 1979 Enervest Builders 325 West Lake Street Subdivision/Variance Page 3 #4:Q0 Lot Area Variance - Ordinance No. 34.352 Lot 1 Required 87,120 s.f. Proposed 39.487 s.f. Variance 47,633 s.f. or 55% (45.712 (lot areaV 6.225 (wetland) Lot 2 Required 87,120 s.f. Existing 22.850 s.f._ _ _ _ Variance 64,270 s.f. or 74% Proposed 22.820 s.f. Variance 64,300 s.f. or 74% 1 r f "sa »' •>. — a M 1 .' I TO: FROM: DATE: Jeanne Mabusth, Asst. Zoning Administrator Michael P. Gaffron, Septic System Inspector May 31, 1979 SUBJECT:Enervest Builders fAudrey Heiser) #460 Subdivision - 325 West Lake Street Septic System Review Assuming that we adhere to the normal 75' setback from a wetland for the drainfield on this property, approximately 4,500 s.f. of area useful for drainfield remains at the bottom of the hill. This is large enough for one drainfield to be constructed. If the house is placed to meet the legal setback of 50* from the front property line, it is probable that a primary system can be constructed at the top of the hill. However, the well location will also have to be at the top of the hill which further limits the drainfield area. Placement of the house, well, drainfield, and driveway are critical to allowing the site as a buildable lot. A 10' setback from property line to drainfield ^rather than 20') would be necessary for the upper site to be used. If the normal 75' wetland setback is adhered to for the drainfield, I would recommend that the Planning Commission and Council require a definite site plan be approved to ensure that all necessary setbacks and requirements are attainable. The attached site plan shows one of the two logical alternatives. Whoever builds on the lot would be working with a 30% slope at the house location because of the 50' front setback. My gut feeling is that with intelligent planning the lot is buildable and that adequate ^albeit costly) primary and alternate septic systems are feasible. But I also feel that development on this lot and other small lots like it has a high potential for septic system problems because of steep slopes and limited useful area for drainfield. Continued development of these small existing lots will certainly not reduce the possibility of a need for municipal sewer in our rural areas. i 1 r i , 1 JJ, /;' 7300 France Avenue South Edina, MinncNOla 55435 835-3011 REALTY CONSITXVNTS A Division of Mtlro ConsultanK. Inc. 01 PIC KS AT 1221 Past 4lh Sirtel 3585 North Uxinglon Avenue, Suite 375 Shakopee, Minnesota 5.^379 Si. Paul, *'• ncsota 55112 44.^-7.^00 r.ay 29. 1979 1-9649 r.s, Jeanne I'-nLusth, .'.cst. City of Oro.no P.O, Box 66 Cri'stal Bay, ;-‘.inn. 55323 Zoning .-.clninistrator Dear Joanne: At the Kay 21st Planning Cox-nission noeting, interest ^’3S evidenced by one of the cor.rr.ission ir,e.Tbc-rs regarding the history of Lots 4 S 5, Block 2, Hillside Tark. Perhaps the follov.^ing viill be of interest to them. Mr. & I!rs. Frank Ingha.m purchased the property on a contract for deed in 1953 from Guy F. Cohenaur. The contract was paid off on September 9, 1960. At the tine of purchase, there was an older house on it. which the Inghons had demolished at a cost of $300.00. Since June 8, 1976, our company has had the property on the mar ket to sell for the present owner, Helen E. Zainc, daughter o* the Inaha.ms. ’.Thenever a sale sign was placed on the property, it mvsteriously disappeared in a few days, even when securely faste»'«*d to a tree. Trie Inghans, elederly people, and Mrs. Zaine, reside in St. Paul. Because of health conditions, none of than have been able to visit the property for years. Potential buyers of the land have been hesitant to pursue their interest because of the variance required to build. ^ i.nervest Builders are trying to assist Mrs. Zaine in her desire to naxe the land marketable. Our plans are to construct a home which would preserve the natural beauty of the lot as much as possib-e and indirectly benefit the tix base of the community. V.’e have worked closely with the Orono staff, since the 1977. with several surveys and engineer's reports, to make sure sucli B plan is fGasible, Audrey Keiser - vJCtu o cff 5>ilE v-i^u^ #460 >jW.J uvJ^To IHPU. KTCpwML p0>4M^i£lo (2Zto/5^.PT IS f«V — lio ftJrlHEY -rtofMP fttopepfY i»4i kIcjTE: Toft? ifjpDCriKTicjM okI WKS^ ,>jppi60 6Y T»|^0-JN£^. THt Pl^irlNlT ^’Ti vJkS 1W£ ihst OF P^ ti^hlDL£>l^, ^llPr^^.y Me/^12. C>^^OKb, riKl.EA. HCKOK & ASSOCIATES '7rr^ PLf-*J (HtoiFit-P)HYDROLOGISTS • ENGINEERS MINNEAPOLIS - MINNESOTA fu^\^r\ I "*vm d f?,n ^ . t • # • i ’• A. * z^^-• w- • - - -*,n.*;m ■ ' ' ^ N V VU’cJ ^ ^ ^ TO: FROM: Planning Conimisslon and Council Jeanne Mabusth, Asst. Zoning Administrator :>7 DATE:November 3, 1978 SUBJECT: #437 Larry Osgood, 365 Willow Drive North Subdivision SKETCH PLAN REVIEW Mr. Osgood proposes dividing 9.9 acres into a four lot subdivision. All lots meet the zoning requirements for the district (RR-IB). The existing building meets all setback requirements from newly created division lines. Mr. Osgood has furnished a septic report for Lot B, but we :slil require testing for Lots C and D, the septic inspector will inspect the existing system on Lot A. The access road serving plat is located at the edge of a desl^ated wetland along southern property line. The pre~ llminary plans should designate distance from road to wetland. A northern access would be out of the question because of the bridge approach and factor of zero visibility to north. PLANNING COMMISSION MEETING - NOVEMBE. 13, 1978 Mr, Osgood was advised to consult with staff concerning the eligibility of the property for a metes and bounds division. STAFF NOTES - NOVEMBER 16, 1978 Mr. Osgood was advised that to qualify for a metes and bounds division he would have to divide the property into two lots of five acres. He informed staff that he planned on deeding his son a two acre parcel only. Mr. Osgood will proceed with his original plan of platting a four lot division. STAFF NOTE - MAY 15, 1979 Mr. Osgood will continue with a three lot division because of poor septic test results for original Lot 4. He will combine Lots 3 & 4. Lot 2 will use a temporary access through Lot 1. When the third building permit is issued the access road must be constructed. Note the 50' corridor platted for Lot 3, Lot 2 is effectively land locked . with this arrangement. The roao must be platted as an outlot. We have set a Public Information Meeting for June 11, 1979. Please review the septic inspector's report. T-JL November 3, 1978 Larry Osgood 365 Willow Drive North Subdivision Page 2 #437 PLANNING COMMISSION MEETING - MAY 21, 1979 Planning Commission gave conceptual approval to the Osgoods proposed three lot subdivision subject to access road being designated by a 50' road outlot. A Public Information Meeting has been set for June 11, 1979. If the Planning Commission approves the new preliminary plans, we would recommend preliminary approval be granted at the June 11, 1979 meeting. 2 J t •• #437 Sketch for George L. Oegood in the Southeast 1/4 of Section 33“118”23 OTf OF.ORONO /me #/ S£ of S^c/fon 33 £W/ ^ S^ciem 33-09 13.J ‘ 4<#r MIZOOO f4.t 5JO mcf^s - ^44'r fif t B S? 0 t o ♦ Jcjnt4 e* A T, S t«'t .4W tPtI A ;• v:*-. 5^ ir II LO^acrtm %it. t ^4^ >y. # e.T/ IUi> ,'fm‘ VSnt/fn ^S a^'S 9f Are {k i>f ^jT/4. ^Sk 3^■//a ^3 »3 n }|i Det crlptlor.: Tne Nortneast quurter of the Soutr.east quarter of Section 33, Towr.snip 118 IJorth, iV.npe 23 West of the 5th t*ri.ncl{Mil ^x*^ldifin, except the follow ing portion thereof; e strip of land 100 feel in widtn lying South of and parallel with and adjacent to the center line of the main trncK of the Klriit Division of si. raui rscific Hallway CDn«ny,tnou Burllngton-liorthern hallway), as origin«.lly located and constructed, excepting also the South 25 acres of casid Northeast auarter of the Soutneast quarter. Owners George u, Osgood, i'65 Willow Drive I.’crtn, Long unke, Kinnesota urea: Approximately v.y erres in South tract, and 1.V7 acres In N'ortn tract. Note: North tract, part of the railroad rlght-cf-way, appears to have been included ty ipistake in warranty daed, Dec, 32(>5D1S, Ok 2260 D 3S7, Scale: I>;te s 1" = 200' 9-25-76 Revised 5-29-79 Gordon li. Coffin Lara Surveyor and Hlar.nor Long Lake, Kinnesota j i ii #478 t,.J. Whalen 2435 Scotch Pine Lane Conditional Use Permit E X H I B I T STAFF NOTE - MAY 30. 1979 478 Staff located the existing drainfleld and found no conflict with the proposed location of the pool. Mr. Marfield has written a letter to the applicant stating that he does not oppose the granting of a front yard setback variance for the pool. ^’Clty has not receive a copy.) Staff recommends approval of the front yard variance of —^ based on the following hardship claims; feet 1. A location in the rear yard would Involve the removal of many trees. , 2. Narrowness of lot with 2-acre fLR-lAl zoning setback requirements. Staff reoonmends approval of the 50' utility vacation because It serves no apparent purpose now or in future plans. The applicant must furnish proof that the 20' drainage easement is recorded in title of their property fsee Exhibit 8). If there is "o such record, a 20' drainage easement must be granted by the Whalens and filed as a condition of Council's approval. V •N, i J NECor.oi LofZ: f MINNETONKA I r- * ! I [•* •■ •" f ^ m ^ W /\ I t t ^r. drainage and utility easement A 20 foot drainage and utility easement over, under, and across Lot 3, Block 1, DICOM ADDITION, Hennepin County, Minnesota, according to the recorded plat, being 10.0 feet on each side of the following described line: Commencing at the northeast corner of Lot 2 of said Block 1; thenc on an assumed bearing^of South 34 degrees 49 minutes 50 seconds VJest along southeasterly line of said Lot 2 a distance of 20.00 feet; thence South 21 degrees 20 minutes 35 seconds East 70.00 feet to the beginning of the line to be described; thence North 21 degrees 20 minutes 35 seconds West 60.00 feet; thence North 46 degrees 21 minutes 35 seconds East 85.00 feet and there terminating. /•‘40 ^K ic COMBS-KNUTSON associates , INC. ^ t. -.NNiiOf * l,o5r~p»5* 69X57 prepared FOR- C ity of Orono if lit MOL 2106 t1 1 1 i a 1 u ■ ■) : TO: FROM: DATE: Planning Commission and Council Jeanne A. Mabusth, Asst. Zoning Administrator May 31, 1979 SUBJECT: Appearance - Ban-Con Corporation The Ban-Con Corporation will send a representative to the Planning Commission meeting of June 11, 1979 to review their plans for a 38 unit townhouse project in the City of Long Lake. A portion of their property involves a single residential lot of 3.12 acres in the City of Orono that borders to the immediate north of the project. This is not a formal application, merely a presentation. The lot in Orono is in the RR-IB zoning district ^’2-acre minimum). ^ ^*9) /. //u, /f. Mf: TC mn 0f I0nr( l«Cf • Ctrl | 0t.|inil 4# Ml If 99. Sir •f*|iMjl. i! n January 16, 1979 Alexander Holzer 2677 Casco Point Road Varlance/Condltlonal Use Permit Page 5 :^4'3 PLANNING COMMISSION MEETING - JANUARY 22, 1979 The Chairman announced that he was contacted by Mr, Smerling who asked that all discussion and action be postponed for a future Planning Commission meeting. Mr. Hassel agreed to the request and advised the Commission that the Holzer application would be scheduled for the Planning Commission's first meeting in March, Commission members took the opportunity to counsel both Mr. Mitchell and Mr. Neklch that it would be advantageous for both parties if an agreement or a narrowing of issues could be reached before the scheduled meeting. The attorneys agreed to meet within the next two wedcs. STAFF NOTE - JANUARY 23, 1979 Village Planner called both attorneys to reaffirm the Planning Commission's counseling and was advised by both that they plan to begin negotiations within days. PLANNING COMMISSION MEETING - MARCH 12, 1979 Mr, Mitchell, attorney for the Holzers, contends the main purpose for erecting the retaining wall was to prevent erosion and that new drainage plans improve old drainage patterns. Planning Commission requested that the City Engineer work with the applicant's engineer to evalxiate the structure and consider the following points: 1. Determine original ground level - "previous condition of site". 2. Maximum (or minimum) height wall must be to function as an erosion control device. 3. Depth of original footing? Are they deep enough to be effective in erosion control. 4. Extent of original land alteration - where excavated material was placed on the lot. 5. Hardcover violation within 75' lakeshore setback: A) Integrity of structure destroyed by removing wall above ground level within restricted area. B) Value of retaining footings In this area. •• January 16, 1979 Alexander Holzer 2677 Casco Point Road Variance/Conditional Use Permit Page 6 y O STAFF NOTE - JUNE 5, 1979 It has become more and more apparent as we draw closer to decision time that staff and private consultants are not going to mahe a determination for us. Findings and reconunendations will be our responsibility. Staff has drafted a recommendation which you may approve, amend or better yet, make your own. We hope all of you get out on the site. Review the new enclosures and call the office if you have any questions. Ihe building inspector and I again visited the Holzer site. We reviewed the implications of staff memos, recent reports, pertinent sections of the Zoning and Building Code. Photographs have been taken and are available for review at the City offices before the meeting night. We have marked the outside of the wall on the south side to designate original grade. The photographs will document original grade on west and north side of wall. We stibmit the following recommendation for your review: PART ONE - Variance To deny variance tor 15* encroachment into 75* lakeshore setback. To deny variance for length of wall within the 75* lakeshore setback and front line of house and from front line of house along the side yards. The retaining wall within the 75* lakeshore setback must be removed and the original grade restored. The original footings, foundation and wall up to level of blocks touched by restored grade are to remain serving as additional support for earth behind. The proposed grading and landscaping will cover the remains of the structure. The applicant does not plan to construct a wall at the 75* lakeshore setback line. *n»e Zoning Code would allow a wall to be constructed at the 75* setback line. The original grade is to be restored along the south side of wall. All pillars or columns are to be removed - applicant has already decided to remove them. If the wall is found to be 30 inches above grade then a 36” railing must be installed. The applicant suggests a black wrought iron fence would be constructed if necessary. The allowed height of wall along the sides varies January 16, 1979 Alexander Holzer 2677 Casco Point Road Variance/Conditional Use Permit Page 7 r) \s J from 3^' to 6*. It appears the applicant will seek a lower and more uniform height for the blocks and go with a railing concept. The building inspector will supervise this phase of the recon struction very closely. PART TWO - Conditional Use Permit TO approve the Conditional Use Permit to allow the removal of excess fill and necessary grading to permit the desired drainage and erosion control. Grading - original grading to be restored along edges of existing wall and area within wall to be graded for purposes of drainage and erosion control. Removal of Fill - the excess fill from the previous construction must be removed from site. Additional black soil will be brought in for planting and seeding. * 15Poo • ( «». I. V ;• g 'e ■< wfe »»» 4. 1. »w • Vi ;. • f **? * '.4 t “ i Itm ^ < 6^ -x,o Ninr:o\ T3 33 O "Om JO ^0^0 u J i. -1 : I (O OJ o iO o iOo»o (0 O)o I 1 1 L im 'x; 9»o M I « ♦ r*^4 Oi »*f 1A K?\G AAL4J. j : » . { ' I : * ' /# 1 iTTrr# ?8o tiec" ^' ni ?5* 8 1 WftOO L i f=; I--. «» • I* * 9» V , .tt \ • \ I • I •/ e Cl ^:]y-I § « --? iD O •'» »wt ♦» wo • S Ml M I «« mi •n n$% i:f 1 r t1 8 -• •1 f i ;i 1 t i t 1 1 11 I % 04 ' Rone^Uoa, RiMene, AndeMi & Auociaiu, 9iHA, a335 W, Jfifluuof 36 SI PatU, MUmuUa 55tt3 PUo0tm: 636-4600 •I ‘t4 Otto C. Bomurm, PS. Rebtn U*. Roiom* fX. Jotepk C. AnJnRk, FX. Brodfotd A. Lemberg. FX. Robert D. FrIgmmA* FX. Richard £ Turnif, FX. James C. Oltom. FX. May 25, 1979 Lmnrerue F. Feldslem, FX. Ctenm R. Cook, FX. Keith A. Cotdom, FX. ThemoM £. Soyas. FX. RUhmrd W. Fouer. FX. Robert C. Sckmmkki. FX. btortim L. Sontolo. FX. Domotd C. Rmrgoedt, FX. Kenmeth R. bieUter, FX. Choeles A. EHeksom Uo bt. Fmeetsky Xortom bt. OUom City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Jean Makusth Re:File No. 139-436 Holtzer 2677 Casco Point Road Dear Jean: The plan submitted by the Holzer Engineer provides the original ground eleva tions and the proposed design elevations as requested. The plan Indlcatea that the original elevation of the South property line of the Holtzer property was between 958 and 960. The design elevation for top of wall Is at 963.00 with the proposed grading elevation on the Holtzer property being somewhat lower. The storm drainage system as designed will adequately serve the property and with proper grading prevent water from running onto adjacent property. The details of the Settling Manhole should be provided and rip rap should be place- ed to the lake. " ■■■ • He would recommend that the drainage plan be approved, provided the discussed items are provided for. If you have any questions please contact this office. Very truly yours,' BONBSTROO, ROSBNE, AHDBRLIK & ASSOCIATES, IND. -r/je- Glenn R. Cook GRC/jo JU rriJ j:EI \!l f/ v/ uo 1979 CITY OF ORONO WILLIAM D SCHOELL CARLISLE MA050N JACK T VOSLER JAMES R ORR HAROLD E OAHLIN LARRY L HANSON RAYMOND J JACKSON WILLIAM J BREZINSKY JACKE GILL RODNEY B. GORDON THEODORE 0 KEMNA JOHNW EMOND KENNETH E. ADOLF WILUAMR ENGELHAROT BRUCE C SUNOING R. SCOTT HARRi DENNIS W SAARI GERALD L BACKMAN SCHOELL & MADSON.INC. ENGINEERS AND SURVEYORS (612) 936-7601 • SO NINTH AVENUE SOUTH • HOPKINS. MINNESOTA SS343 OFFICES AT HURON. SOUTH DAKOTA AND OENTON. TEXAS May 25, 1979 City of Orono c/o Ms. Jecume Habusthr Zoning Administrator 1335 Brown Road South Crystal Bay# Minnesota 55323 CiTV OF ORONO Subject: Smerling vs. Holzer Property at 2683 Casco Point Road. Dear Ms. Mabusth: Pursuant to a request from Hr. James Gilbert* Attorney for the Smerling*s* we herein wish to indicate our opinion related to the need for a retaining wall on the Holzer Property. After having viewed the site* it is our opinion that the wall constructed on the Holzer site is not needed for erosion control. The Holzer site is at the crest of a hill and drainage runs in all directions. If it was the inten tion to retain drainage from the Holzer front yard (lakeside)* and pipe this drainage directly to the lake* it could have been done much less offensively than building a large retaining wall. Simple site grading on the yard and construction of a sump to collect drainage vrould accongilish the same result as relates to drainage. The sump would have a pipe discharging doim to the lake. Very little* if any* drainage ran off of the Holzer front yard to the Smerling Property. That is obvious by examining the site. We understand that the conflict relates to the wall* its height* placement and obstruction of the view. In our engineering opinion the final determination concerning the wall ought to be based* on that* and not the erosion issue since the drainage could be accomplished without a 56 inch high wall. Please advise as to .any questions. Very truly yours* JROrr:bk ^ cc: Mr. 6 Mrs. Smerling Mr. Jim Gilbert* Attorney Meshbesher* Singer & Spence* Ltd SCHOELL 6 MADSON* INC. \ /VO. \ 1 HBKKBTH MESMBBBBBK KOICA1.D 1. MBSHBBBMBM OBBALB M. BIMOBII MCBBBLL M. BBBMCB M.OILBBIIT JOBM P« CUBFOBD LAW orriCBB MESHBESHER, SINCiER A SPENCE, LTD, lOlB PAKK avenue MINNEAPOLIS, MINNESOTA 55404 iei8) 33B-918I DENNIS B. UOMNSOM MANTIN L. SWa DBM CANOL ONANT BRED H. PRITEBBB RICHARD L. CBSARIO OBRALD SBIBBL SCOTT W. BADBR TRACT riCBRORN-NICBS May 22, 1979 The Honorable William B, Van Nest Mayor of the City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Smerling v. Holzer Our File No. 16679-79GMS I t t ’ ! .1 hi. ' Dear Mayor Van Nest: I am writing this letter to inform you that this law firm has recently been retained by Mr. and Mrs, Louis Smerling in regard to the Alexander Holzer property dispute. Gerald M. Singer and myself will be representing the Smerlings on this matter and will be at the planning commission and the city council meeting when this matter is to be determined. Very truly yours, MESHBESHER. SINGER t SPENCE, LTD. m amesiH. Gilbert JHG/dl SMFRIING ASSOCIATES. INC. 44.'i3 West 77th Street Edin.i, \tinne<ot,i 33413 fi12-tt.11-.'.JI44 April 25, 1979 Ns. Jean Mabusth Orono City Hall P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: With the snow gone, the structure between the Smerling and Holzer property is clearly visible. In places, the cement blocks are seven high or 4>s feet. When I sit on iny front porch or back porch, to the north, all I see is a wall. Since Mr. Holzer claims there has been no backfill, I wonder why only two blocks show on his side of the structure. To really know what has happened to a beautiful area, one must see it. While I am most reluctant to impinge upon your free time, I do hope that in the interest of fairness, you will find a moment to look at this structure from ny property side. Recently I had an appraisal made and the appraiser who knows every inch of Lake Minnetonka was appalled that this wall was in existence. He tells me he has never seen such a wall built between properties or such a garage anywhere along the lake. May I add a salient fact or two? There has never been any erosion of my property due to water from the Holzer property. I feel, and hope you agree, that a "fait accompli" that was built without a permit is illegal on the face of it. I do intend to discuss the garage with the City Council now that I have seen what that great sloping roof has gone to my garage with all the snow falling between the garages. Please try to "see" what we have been talking about. I believe that the best place to adjudicate such problems is before commissions such as yours and not in the courts. Please ask yourself what you would do if my property was yours. Is there anything more I can do to correct this intolerable situation? If so. I'd be most pleased to hear from you. Ve^sincerely yours ost pleased to Loui s^^^'^merl i ng LRS:em ' 'k>^. '-h ^^ LCONAHO C LINOOUIftV NOAMAN L NCWMALL kAUBCSS V ACKMAN OCBAtO L MACNUSON COWABO M CLCNNON MCLVIN I OBCNSTCIN CUOCNC H ACATINO JAMES P MABTINCAU mCMABO J.riTZOEBALO BMiLiP J OBTMUM MACLAV B MTOC COWABO J PABREB JOHN A. fOBBEST WILLIAM C. rOA JEBBOLD r SCBOfALM WILLIAM T. OOLAN WILLIAM C.MOBTCNSEN JOHN M. STBOTMMAN DAVID O NLWHALL HUBTIS A. OBEENLCV BOBEBT V. ATMOBE JOHN •. WINSTON LAUBANCC B WALDOCH THOMAS M. CABBETT Cl OABVLC L. uPHorr WAYNE A. SIVEBTSON LINDQUIST & VENNUM 42 0 0 IDS CCNTCR • 0O SOUTH STPCCT M I N N EAPOLI S. M I N N E SOTA SS402 TCLCPHONC (612) 371-3211 CABLE ADDRESS: LINLAW WAYZAIA OFFICE 740 CAST LABE STREET WATZATA. MINNESOTA SS3BI DAVID J davenport mark B JOHNSON BICMABO A. PBIMUTM JErrBET B SCHMIDT abistine j STBOM timothy h sutler BOBEBT O MITCHELL.JB J MICHAEL OADY J PEVIN COSTlEY NADINE STBOSSEN JOHN C GOETZ BBUCE A ENSTAO bobebt j. HABTMAN JOSEPH G. a OHLER or COUNSEL THOMAS VENNUM DENNIS M. MATMISEN April 23, 1979 Ms. Jeanne A. Mabusth, Asst. Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Holzer 2677 Casco Point Road d)I ©'£11^' AFR 23 1979 CITY. OF. ORONO A Dear Jeanne: After the Planning Commission meeting on March 12, 1979 the Holzers were requested to prepare certain engineering data for the Village Engineer to review. The understanding was that the engineering data was to be by a registered professional engineer and we have used Mark S. Gronberg, /" registration number 12755. I understand that Orono will be using Tir~- - - -- as its consulting engineer. I further understand that we were to provide an enlarged plan of the site showing the location of the house, the wall, the drain pipes, and the plan being a topographic survey. That is on the upper portion of the sheet enclosed. In addition, we were to do a section through the hill showing the original grade, the grade as the Holzers would like it to be, the location of the wall, the lake, and the drain pipes. In addition, we have a brief letter from Mark Gronberg dated April 20, 1979. In addition, I attach some of Mr. Gronberg's previous letters for your engineer's reference. Basically three questions were asked by the Planning Commission. First, what was the original grade and what is the proposed new grade. That is clearly set forth on the section attached. Note that the section is through the southwesterly side of the property where the drain goes down to the lake, so that the section LINDQUIST & VENNUM J Ms. Jeanne A. Mabusth April 23, 1979 Page 2 is taken at a point very close to the southwest property line with the Smerlings. From the previous testimony and with this diagrcun, I believe it should be clearly demonstrated that there was a flat area where the foot of the wall is and that there were two drop off points, one drop off from the lawn to the flat area, and the second drop off from the flat area down to the lake. There had been some belief on behalf of the staff that there had been no such drop off, but that is not £»upported by the engineering data. With the original grade being clearly shown, one can see that the height of the wall proposed above the grade is not more than the allowable 3 1/2 feet. Second, the engineer was asked what the minimum and maximum height of the wall could or should be. From our point of view, 3 1/2 feet is adequate to control the drainage and otherwise make a nice appearing wall. Please note that the northeasterly southwesterly drainage pipe is set back, that is southeasterly from the wall, and it is desirable that the ground level slope to the southeast from the wall such that storm water run off from the house and terrace area does not pool against the wall itself, but rather pools in the swail where the drains are. Third, the question was asked whether the wall could be moved back 15 feet and still do the job. From our point of view anything can be done, but the real question is what’s the practical way to solve the problem. He feel that putting the wall where it is at the natural drop off point was the preferred method of adding support to the hillside because the ground was left largely undisturbed which is generally more conducive to cohesive strength of the soil, and in addition advantage was taken of the natural drop off such that there was not a large amount of grading necessary. Finally, with the placement of the natural drop off where it is, that is the point at which support is needed, not a point artifi cially further to the southeast. That is to say in our engineer’s opinion, from his*previous letters, the place to buttress the hillside is at the natural drop off, not at a different place. Please note that the contractor who did the work is: Gerald L. Welsh lt>223 Temple Drive Minnetonka, MN 55343 Telephone: 938-6855 U Li/ 23 1979 CITY OF ORONO ^ «•%« I l\ 4!! LINDQUIST & VENNUM Ns. Jeanne A. Mabusth April 23, 1979 Page 3 and the man who did the excavating was: Fritz Plowman Latterner Excavating P. O. Box 474 Excelsior, HN 55331 Telephone: 474-6930 SBfillSii:- Thanks. Very truly yours, LINDQUIST & VENNUM Vi; Robert 6. Mitchell, Jr RGM:mes Ends. CC: Mr. and Mrs. Alexander Holzer APR 23 1979 CITY OF ORONO I IT nrIIfuTaa'iTilMlIlt aitnr^ 1 a u O O GORDON R. COFFIN LAND •unvCVOM AND PLANNCM sots WATCNTOWN NOAO LONO kAKC. MINN. SSSSS 4-20-79 Mr. Rotert G. MltchvU, Jr. c/o Llndqulat & Tenmus 740 East Lain Straat Vayzata, Minn. Daar Mr. MiichaUi In response to your requests it. n prerloua letter to ns, I here shoun these itene on the etteebed dreving. The orlglnel contours were detemlned froa spot eleTations tehen In the field of undisturbed ground on the Holier property end on the adjoining properties. Sone of the proposed contours ere already constructed. The top of the footing Is Ylsihle in sons places end the dinen- sions were given to me by the contractor who constructed it. The top of the wall is shown at its final proposed hei^t. It is not fully constructed to this height at this tine. The proposed drainage syeten is sore than adequate to cany the runoff water. Mr. Holser has aTailable the 8-ineh steel pipe, so this will be \ised insteed of a saaller diaMter pipe. The purpose of this pipe is to prevent erosion of the hillside and to divert water fkon running on the adjoining properties. The cross-section details of the proposed drainage systen, the footings and wall, and original and proposed contours are shown on the drawing. If any additional iafonnition is needed, please notify ns. Sincerely, Mark 8. Gronberg, P.I^T MSG/grc Inolosure ■mmn APR 23 1979 CITY OF ORONO i m • /' • •. TO; FROM; Planning Commission and Council it I . ■ 1 Jeanne A. Mabusth» Asst. Zoning Administrator DATE;January 16, 1979 SUBJECT; #452 Warren Ortenblad, 3870 Shoreline Drive CONDITIONAL USE PERMIT Richard Freeborn represents the applicant. Conditional Use Permit for Duplex. Zoning District LR-lC-1 (1/2 acre minimum) Mr, Ortenblad requests a conditional use permit to construct a duplex and a detached garage on a 3/4 acre lot. At least 1/4 to 1/3 acre of fho lot is made up of wetland. This is not a designated wetland but a wetland created by local drainageways in Spring Park and Orono draining into the lowland area to the north of lot and to the southwest of Hennepin County Property. It is impossible in this season to give an accurate determination of wetland acreage but Planning Commission u)3y feel a variance to the Flood Plain Ordinance should be required. ”31.841 Mininwim Lot Area Requirements, (b)_; ^ For properties served by municipal sanitary sewer, the minimum lot area may be divided by Flood Fringe lands provided at least one half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area.” Lot Area - 34,950 s.f. - .8 acres Possible Wetland Involvement “ 14,520 s.f. Lot Area Required - 21,780 s.f. Variance ~ 1,350 s.f. ■ 67L ■ .3 acre Staff recommends applicant enter into a Flowage and Conservation Easement agreement with City for the purpose of designating the drainage area. Entrance - Applicant must submit copy of permit from Hennepin County stating that he has approval to use their private road as access. Building - A variance will be required for detached garage as no accessory building shall exceed 1,000 s.f. in floor area. The garage is 1200 s.f. and in a final site plan must be located at least 10 from main structure. , 1 January 16, 1979 Warren Ortenblad 3870 Shoreline Drive Conditional Use Permit Page 2 #452 PLANNING COMMISSION MEETING - JANUARY 22, 1979 The Conditional Use Permit application for Warren Ortenblad was withdrawn by Richard Freeborn, Mr, Freeborn announced that the additional building costs involved with construction on this lot forced them to seek an additional use. The use of one of the duplex units as a temporary office space would require a rezoning but the mixing of residential use with commercial is incompatible according to Zoning Code, The applicant will seek commercial property that will allow an office building, STAFF NOTE - MAY 31, 1979 Mr. Ortenblad has asked that his conditional use application for a duplex, originally withdrawn at the January 22, 1979 meeting, be reconsidered. The applicant understands that this structure will be designated for residential use only. The proposed building meets all of the setback requirements for the zoning district aR-lC-l^. Staff recommends approval of the conditional use permit based on the following conditions: 1. Lot Area variance of 6% be granted. 2. Applicant enter into a Conservation and Flowage Easement agreement with the City. 3. Duplex will be for residential use only. 4. Review access selected by Hennepin County Highway Department; Staff is concerned with an access on County Road 15. 5. Local drainageway be reviewed by Public Works Director. 6. City will require a piled foundation for the proposed structure. rtenblad was withdrawn he additional building them to seek an as a temporary office sidential use with i. The applicant ■fice building. application for 1979 meeting, this structure proposed building ing district permit based on ige Easement Land Use Application •. . . type OF REQUESTXXX-Xa wa. - - - - - t \ " Subdivision $150+$5/totLOCATION OF PROPOSAL (or propejCty,) / ------ f' _ Rezoning $250 _ Riprap $15 ($55) -So aish* 7^<r APPLICANT NameA Mailing kc»cla. Address ^^^7 a-mER Name - -- - - - - - - -- Address _ _ _ _ _ _ _ _ _ . J /P //- _/ Present Use /? ^.«/ ('f .xKPresent Zoning _A ' - --- - -—- - Zoning Ordinance Section Relating to Request _ Specify Ordinance Requirements - - --- - - -- •1^ Conditional Use $50 Variance $50 FEE __ _ _ _ _ Date Rec*d_1 By _ _ ___ _ /.y j / Explain your request and reasons for same VARIANCE required _ __ Lot Area Width extent of nonconformity Setback Front_Side Rear Other, explain ^^teoify hardships to property SUBDIVISION applicatiw lesidential Other, explain No. of Lots ^ CONDITIONAL DSE AND OTHER - explain proposed use of property in detail ghway Department; Road 15. s Director. proposed structure V Application completed Plat map section Certificate of survey of property sketch location and setbacks of proposal Con struction plans, if applicable 5 Certified Property Owner's list of| owner, vithln (300-) (ISO-)- from fc Hennepin Co. Dept, of Finance A-603 Government Center 6. Stamped, legal »i^«VTihrn™^ pre-addressed to each of the name«| Applicant-• Signature . //V 'A naTR //o/;ZiI _______ owner's Signature —4^ Applicant hereby agrees to ”city At):^rney,'Planning Commission the Zoning Administrator, Ci y ^ aoolication and further agrees to .pay and Council necessary to process this application all fees as established .lv ordinance. ^^^3 DATE S OF REQUEST livision $150+$5^t^t iitional Use $50 Lance $50 oning $250 rap $15 ($55) c*d i'f : I ! .^IL»/.• y explain to. of Lots jperty in detail •LICATIOH ision meeting) >perty 0»>ner* s list s (300*) (150*)- fr Dept, of Financo ment Center . al sired envelopes l#l id to each of tlis name > list. f/ equrred ir liy leyjpiannihg Commission )d further agrees to pay MC55A ;irGKNT’c||R MINNEAPOLIS, MN 55487 '.J 7^ n,> » . * , •* / f, r - j •, • / /' i•f/ .IV. property owners list ^ ^^ 1________—p^ik= 23 I ■^nrBfrpj'z- rS4ilXitl3'^^-7r- -•• II* f __ n . 7 ^^777j~Pi^ Oj£i^• u 76 7^// V t. wov/^f)<(p ., ^' V fewP'j/r5^„V 1 \ ., // jlft'jr.CNpa •' _______„„,«r^o ."ir?joTil. /TO ? / M ■22Sm ......- •' 225y_ ; 33<5 ^.--- .W&et- H<5j:KP"i j'l_________L. // YMim-A on th.\«jl'ii.ilil-141--r----'/v”» ••". _______________ ,odtr.er p-c'-.- -‘ ^ , Mon as ‘t a? ;; 'L-^ u^x'* ‘-1*-^-—---------- hriit L^ND USE Pl.AKKIKSn t« \»t « f »•% • • » *4 #/l p XP WndfieH Or-ti^UtJ A .1 Ow>ffe)C I ir»j ^Sl't«. ?l I // --7*^ fifptirenf cf U/«T/^^ Li^et 4yo./5*^ - - • » 73 f 3 ifl / ■ £>,.5,P, __w r» «fi c« L r*:piOT..^Z-AA/ ## .io*' W A 0 CONTRACTORS, INC. 4527 SHORELINE DR. SPRING PARK, MINNESOTA 55384 KU A i>OfZ I 7 W9*^ z' / r >L_mL*J»«J- \m % n t ___«iiM__________________ 1 ~l u * I 1 # 1 S-------------- 1 “■*4- aai t .-i-nr t * s % ■ 1 1I ' 1tHfi / i f '' *1■t / HI , _ -------- *>•'lai • fM 1 ■ a ^ |1|^ t ^If • • fy . #3 r l ‘ ''J \ f J.1 ^ Ml • CITY OF ORONO P.O. Boa 66, Ci'ystal Bay, Klnncaota i)323 473-73i7 #4bO IKSTRUCIIW^: n»»ie flrat rr.d t».« ait.chad Inforr-tloo S3.»et. Co=plet« Itrr^i 1 - 13 ( ypt or Print). If nrrdrd, attach letter or other Information to Better dracrlhe your lequeat. lt.cor=plele aj.pl 1 catIcna will not Be accepted. PROPERTY ADDRESS____ Legal descripticin »hjll Le shown cm attschrd Sm-vey, tuMblt 3 i APPLICANT KsneThomas R,_Williains,^ J nion* 47J^263t _______ P (krM. Killing Addreia ^25-ToDkawa Road, Long Lake,.Kn. 55356 If Applicant !• not owner, explain OWNER B'an#SAME. . ______Hiona Kalllng Addreat Date Property Acquired 9/1 f/70 (Monlh/Year) I (do) (lifiXn03C) also own other adjacent parcels of land AGENT ______________-__—________Phone_______________ LIST OF EXHIBITS # Deacrlptlon Tnltfal Application e-uat Include: 1 Application Fora 2 Fropcitj CVjnera Llat < 3 Certificate of Survey ^[**‘^*ree Receipt # D.ire Received ^ • By - / ' ! S t a f f In fo 1 t!on A Plat Hap j 5 Inventory 6 \/^Staff Cocn.cntS Other Tnfoir-itlon Firs Hailing Addrea* NOTICHS Should be aent to:Applicant eXmer Agent PRESENT ZONING USE DISTRICT LR-1B 7. PRESENT USE (Ocher) Vacant land YY Vacant Buildlng(a)Occupied Bulldlng(a) 8.DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $_ _ _ _ _ _ _ _ _ _ __ eatabllah net* mc __continue or expand exlatlng uaa __build net* ___add on ___ retvdel __ rapine* Describe request in detail;_ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Sfi&OaOMiBD 7 X Lot Area9. VARIANCE(S) REQUIRED to do the reque.ted Work: Setback (____ Front ___ Side _ Rear) Other Lot Width KardccTvcr 10. Describe UNUSUAL PROPERTY CONDITIONS prrv.i.tlng co=pllance with 7^1ng Cod* rrsulre.^.rnt.: -B acre lot then - now 1 acre lot is required under new zoning____________________ Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY resulting frea strict »-nforc»-aent of zoning regulationa ______________________________ ^ -*****^_______________________________________ Describe EFFECT OF PROPOSED WORK on nelgBliorlng ptopertles and on the neighborhood In general: None - all one family residential__________________________________ The APPLICANT and the PROPERTY OWNER must The APPLICANT hereby agreea to provide all infortaatlon required or requeated by the Zoning Adelnlatrator, agreea to pay all feea and/or unuauel expenaca Incurred in revlcv of thia application, and certifiea that the information aupplied ia true and correct to the beat of hia knowledge: . Or/rf-'f Applicant's Signature sign and date this application. The eVKO hereby acknowledges and agreea to thia applicatioi^ and further authorises reasonable enttj onto thq property by City staff, conaulcanta, agenta, coenlaaion mrabera, and Council mrahera for purposes of invratIgatfon and verification of Uhia request: 's Signature—^ Date ■* r;.T frvjTnv ni--AnT.r:E t KN HO) ^\\VS BKFOHF. rTA\-\nB;n onyMrsSTON !m-KTTNG to. 55356 • r) s of land _ Agent Deftcrlptfon 1n!11 a1 App1icat Ion c".»at include: Appliciit ion Tona Tropci ty Camera LfaC 1/^ Certificate of 5ui^e| Fee Receipt # Dare Received ^*7 ^ By " Staff Infniration 4 ^ Pl»t Map inventory Staff CoccientS pjtjier Tnfoitr.^tion O ______________________________________ ______________________ _ ■_■ -- — 9 10 11 12 TRUCTION COST $ build Dcv add on retaodel replace tee Lot Width Hardcover >1iance with Zoning Code requlrmrnte: ew zoning [*Y re»ulttng fiea atrlct enforct*cMmt of coning tiee end on the neighborhood in general: 1 date this application. rreby ackncwledgea and agrees to thla applicatl< authorlies reaaonable ent^^ emto tbg property ff, conaultanta, agents, coeiaiealon oerabers, oenbers for purpoaea of inveatlgatlon and a of tiiia request: ^79 Signature —^ Date f IJ !t •- r • \ a\ a t I• u . ^ _ vjc/r I.r\iii luII I i L.r\ ^ MINNEAj'OljlS,MN 55487 f f PROPERTY OWNERS LIST if (H) NAME yX'b DESCRIPTIOW CfO- ter—bl -Xt -—PARCEL ■ P.O.0OX US'6-//7 ^ MUJ)B T{^ uifi£ IV67<S^/V£-(\f n 'hi. 3^6 • K u ///f fifyoo TIM^^ Ri? ^cT /V \^$'3S^60.^ — I ctrllfy that the facts rep^esenteo on this certi/rate are an acrurate and true reP'CSR:'*l;tlon cf infer na tion as It appeals Uiis d;te on the records of the Hcnn. Co. Flna'^ce Div., to the bcsl ol m, m:o#vicUgCr and belief. Henn, Co. flr^ance Dlvis^n % Sq KUr Cate J? ^ c/t RoPcIs-TY JiJr_a % t T r% t r f* T /^^^l__% a i'*»n T »1 4- R O DESCRIPTION l?a- ^C-7ic/ > <^-'//7 V£~N r/ •«tK-: 0002 Ool-^ 00?J^ 0d}^3 40SS" I i:/\ i k ^ •. * ^ •"* * f. • <• f * r *# **" ^**. »jr»j. - - * • * - i ■*'•.-»- f r**“ i' *. :5 :.. "-*-•*' j of ./c»ir 1 . .i’:'. . .r ?. Ti-'C!' -• ' i-M-'-V'.••iI If %♦ ♦ / r * T .•••-••-1 • *:'.-.:.v., : :r-:.vi.'.f. >v- H \ltc :a ' \2-c^,4t»*r t^Y ft. \ It ^i V‘ \ 5; Sr’;r';;-Srr-r7.r.iM “,.r«-..i,-.r or erc.c..oK.r-*r,-... • • acts rtp'estmeo are an accurate t. Son cf Inform®. tUis d:te the nn. Co. Fina 'ce j1 m» Hf.OwivUgCr manes Divis^ Zrvlzi i »* n • rc.?Tin T\e-e. hlvir. :.. .-ei . * Lira ::u:-v>V^'”‘ •T'*’*-'*® ./■•I • :-••;?» .- STRUCTURES CXISTUIC »01U>M»CS X)«ficiftnci«as -------------------------------------------------------------------------- momu. wt. .ntir.iy «** or »•• do r«t coaply witli zoning perforaanca zlandarda —------------------w — review •• «>* >>ul*^i»9 or »■• <co»t eeceede 50» rMVI - „ OPAHSl*^ ..i.tin, <co.t I... tl.« SO* r«Vl ” cii«tin« bulldtf*9 kwo :t VM.Ot lyri----------»------------------- raoaosM.will ~——M ---------- - win not reduco an «*l«tij*9 .ub.tendard yard diMnaioa TAXES & ASSESSMENTS mrm aaoaejmr xo.------------- rn*»A» curf.nt“ZL_ •r«"^n:x»»wn3*T u> y.r l^viadi t0^*r |no| y ®r« not Ingally conblnnd for tarn purpoaaa. Valar (no|unit® STRUCTURES msrXHG BUjlLDlliCS D«ficle/>cl«as _ mOPOSAL TYFCl do ncl eoaply viOi zoning pcrfoiTiancc ftizn^ardo \/^ cntixzly KIV building or uso revir^ •• KW building or ua« frost czraads SDK FMV| review# as CXPANSICM of existing fcost less Oisn SOU rMV) existing building FAm MAAKCT VALOC |yr) ______ |________ FPOFOSAL %#ill will not reducre an existing substandard yard dinenaioo TAXES & ASSESSMENTS Morumr xo. lota/Parcsis TAXtSi owned in are FAXD cursant ‘ Aaassseants Lsviadi | t/ Se^sr (no| l^^uniy^^*^i ere not legally ccxsbined for tax purposes* ^ ere DELUfOUrKT to year____________ Water (ne|units I N ZONING VARIANCE INVENTORY O.M . Rwyj RED DENSITY «jw)i<uM, ji-3,S^LO. Zoning*Us7Fistrict A-S^-J-O XCTUKL___________ /doL- V*.PlM<Ct ___ JS-, C’ti^ , - 4o • rupt_MCTM^ A.t^ 3V.XtC<» ♦ ij SETBACKS cLHU?a!LJitC'y>«f? -------FJ-ORp^n^ - VAR 3 XHCC COOL .SICILQI 75 rt. 75 rt. hardcover wtid 0 - a* ®* o - 7S Ft. « l^v. 7S - 3SO L*)|« 2SO - SOO Ft. »« LBka 500 - iOOO Ft. 3S* LOT XMA J«x. E?l^-------- F£F-^“JT7a> hardcover • .f,s______—^ —35 loriSTiKC hari >cov « • .f.__ — RBOPOSU) haklcover _______ total VXRIAWCX --------51.8J1 34.701 34.701 34.701 34.701 OTHER SECTIONS, VullOin* '■•i9>»t ---------------- r^rkiAf fltln.l - pClJSTlKCt pj^posro^yj ^lRWClL r-npr SCCTIClt LAND OIVUICM: pl»t „„pl.tt.d « Joi./p.»c.l. i*r .pplic.tioa ropocRA anuBual 3njliaif*9 location—~ ~ «t unuaual lot akap* - CEOCRAPMT .ff.ctli.9 _____ incon.i.lent with feisVAorhocO ieveloH-ent land use /Subject lot !• —vacant ^ di»txict.i ^ _ confomlng uao «,ST1KC lAKD USL .ccc.orK bulldin, or ua. PROPOSAL aff.ct- principal -------- conditional uaa _non -confomlng STRUCTURES \ nlSTlRC RUXU>1**C* Dafielenclaa* _ proposal nrpti do not comply with «>nli.9 |-i»o.r-.nc« .t.nd.rdm y .ntitmly w» •>* review •• ifOt buUdlf*9 *>r »•• (co»t oceede 50» FW| ----- t.view •• «PXHi.1« of ««i«tln9 Ico.t 1«» then SO* FMV) ----- dieting bull0l«9 FAIR nAAAET VALOt (yr> t S —^ ^ A O A PROPOSAL will ^1 not •" «Ri»ti"9 eub.t.nderd yerd dinen.loa [TAXES & ASSESSMENTS pROPumr xo. t^ca/parcaia ^^ad in tAUS. _____ •'• ,e, j/_ are not 1.9*»»y c —blnad fo» tan porpoeaa. ara DELt:90UtKT to yaaf ------------------- lU»a»»eanta Laviadi y/ Sa^ar fnol ia« Vatar <no)_____ unlta UK UNO LAND USE PIANNING STAFF COMMENTS & RECOMMENDATIONS exhibit 6 C J t. f PREPARED FOR: BY: P)a><nin9 Ctir.iiiaaJt'n H»-etln9 a>uiicll H ctin9 {U*t«> .. IStain ___________ (St.ffJ__________ (Date)___ APPLICATION REVIEWED BY: City Jk4fliini*lf »tor - • .. City Attorney __ City rnginecr _ _ Villdge Planner \/T.ontn9 >.<lTiniat.rator _____ Plannin9 Cort*li»ioi» p«rA Con*r.i»»Son Public Vork» Coordinator Public Safety Director rinancc Director Building 3nsf*ector Septic Insaf^ctor _ Hennepin Cty. DOT Minn. State DOT SPECIAL COMMENTS jnie_^Ucant^^^ WilUamslpr^ _______ and 2. BlocVA^fMlnng^g^^ subjec^ P«P«“y- »Pgg inspeeang the „-TI5;^ate evaluationS) that_arTnaeded_^ .nake an ade,H_---------------- «m requlre_tjZ^cHH£Z-Bta^^ --------------- ^jgs_rj^djlrt^e r 3p„u ^tlon has stailar o vertones. ^^j55_o5mer_shl^sUo^_i^^ I H recoTr .end_we_ pu_t olQn3L.actj.on, untlljg------------------------------ _flQdings . ----------------T"m»v n 1979~ Mr. WUU^wm_s_take_thej_rj>mttX-^---- ________ *• * r-^ " " m staff RECOMMENDATION II jtpPKOVE appUcatlofl •• .ubmltfd MIX app .catloi. lor .adltion.l Inlonaatlon DOIt .pplieatton lor ...aona notad abova Hennepin Cty. DOT Minn. State DOT Kinn. DMP MCWD UHCD a home <~>n Lots 1 s' present jrth of subject o locate specific dequate evaluation : of lot.__ LI meeting that nat-ion of policy Last month and Lar overtones. aw Coimcll*8 _the^i^^ertx_§s___ Inspection p.f_siJ[eji Page 2 LAND USE PLANNING STAFF COIMENTS & RECOmENDATIONS SUGGESTED FINDINGS i.LciUtely .orioonii.^ in which ^ DcculSer to *uch piopcrty or .. ...................................................... inr«diately aurrounding ptoperxy which ..id l.nd i* loc.fd. p,,*„v.tion .nd .njoyn-nt of * . ✓ i, i» not necessary for the prr • «b.!lnuirpro,«rty right <»* lh«"MPii'*"t- comfort. " ............. o.. W..9.. “ ,,..,1., .< »» P'">—» general welfar*. ^ r^ranrehensiva Tha granting oi ,.ner.l weW.r.. ^ ^ .he Comprehenriv. X. contr.ry U. th. intent of the Compr.h.n.lv. I-nd V/ ,r.ntin, »* the^rci-..............ri.nc.^5?3^ ■*" plM or the zoning Code. _____m Tha granting v.idshipa or difijc-uit: :^SSSSSS^i= ^ Tr^TT^^tldTiiT^rcl^se price^ - — • __1 M 0AnXIT 8 yoflpp-ted in purenaor^ K-------1------------------— -----z-^--------------__________________ 1 /o •unit for each lot«______ _ ■/ . nPs served bi^ewg_JuMl^ga^-^------- SUGGESTED CONDITIONS OF APPROVAL u J % « i IM 1 i t L S r w U a L E X !■! I R I T .._-Z #e. 'u./?. Q f l)/'Jf!-* 1 3 \J It is requested that a lot size variance be pennitted fnn t>i<« PTOM^tJ dwelling can be consti-ucted. When K*® purchased Orono records showed that a variance had approved for previous owner allowing for one family wH ? -ncierstood, the reason ?or rva^anJe +h« ^ measuring 75 ft. rather thanthe required 100 feet on one end. ra^ne^ than Subsequently, the Orono Sanitary Sewer Project 7 ’-l was eo~inloti.d ”®® ‘*“® ^ special sewer assessment which is^ predicated on one dwelling unit* 1» MINUTES OF A REGULAR MEETING HELD JULY 14, 1969 * \ I. I . t. L Pa pe 2 Stubbs moved, Searles seconded, that the request of Dr. John Allenburp,, 1720 Shady- wood Road, for a front setback from 30' to 19* and a side setback from 10' to 5', for * be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). VARIANCE 1720 Shadywood Road Searles moved, Franzel seconded, that the request of Robert Zakariasen, owner of Zak's Resort, 3995 North Shore Drive, to reconstruct a building, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Searles moved, Butterfield seconded, that the request of John Gunarsrud, 465 Park Lane, to combine Lots 1^2, Block 5, Minnetonka Summit Park, for a buildable lot, be referred to the Planning Commission. Tfotion, Ayes (5) - Nays (0). Stubbs moved, Butterfield seconded, that the request of Roger Tiattson, 1074 Loma Linda Avenue, for a front setback variance from 35* to 21* and a side setback from 10* to 3*, be referred to the Planning Commission, hfotion. Ayes (5) - Nays (0). Searles moved, Stubbs seconded, that the request of Thomas Betz, 3775 Bayside Road, for a front setback variance from 35* to 24*, be approved and referral to the Planning Commission be waived. Motion, Ayes (5) - Nays (0). Franzel moved, Searles seconded, that Ordinance No. 105, An Ordinance To Amend Chapter 20 Of The Municipal Code Of Orono Relating To The Adoption Of A Uniform Build ing Code, be adopted. Motion, Ayes (5) - Nays (0). Searles moved, Franzel seconded, that a conditional use permit for a 47*X 24* addition onto the Church of the Open Door, 525 Leaf Street, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0), ' » : t r - I • • r % I t % » :p RECONSTRUCTION 3995 North Shore Drive BUILDABLE LOT 465 Park Lane VARIANCE 1074 Loma Linda Avenue VARIANCE 3775 Bayside Road ORDINANCE NO. 105 CONDITIONAL USE PERMIT 525 Leaf Street May 15, 1979 Lowell Zitzloff 3850 Shoreline Drive Conditional Use Permit Page 4 PLANNING COMMISSION MEETING - May 21, 1979 -Mn 481 The Planning Commission decided to review the application despite the absence of Mr, Zitzloff. Staff was directed to obtain the additional information required for complete review before Planning Commission could take any action. The Planning Commission would find it very difficult to go with Plan A. They will not approve a side yard setback of 5' for the building. Staff was to notify Zitzloff of current status of application. Staff Note, June 5, 1979 ^le new plans show an increase of 288 square feet in overalX area. The building has been moved the necessary 5* to the west to give a 15* side yard setback. Drainage Plans - Plans are being reviewed by the City Engineer and M.C.W.D. Wie additional information requested has been supplied. City Engineer will review at meeting. M.C.W.D. has not reported. Signs - The overall project will be allowed 175 square feet of signs. The applicant should be made aware so that a fair sign allocation for the multi-use building can be made. Landscaping - The proposed landscaping cited on plan is excellent. If the Planning Commission agrees then your recommendation should note - landscaping as specified on plans dated May 30, 1979 - preliminary site plan for Lowell Zitzloff. Parking "38.150. Floor Area. The term "floor area" for the purpose of calculating the number of off-street parking spaces shall be the net usable floor area of the various floors, devoted to retail sales, services, office spaces, processing and fabrication exclusive of hallways, utility space, storage areas other than warehousing." Staff was incorrect in their previous review of the parking requirements. Storage areas cannot be included in the net area calculations. r ’1 JK • May 15, 1979 lowell Zitzloff 3850 Shoreline Drive Conditional Use Permit Page 5 _ifc’ .*• f! :> parking calculations on the second plan are confusing. We suggest the following amendment: Total Building Area 60% Retail 40% Office 9040 square feet 5424 square feet 3616 square feet Retail Operation 50% Storage s 50% Retail s Parking requirement on net retail operation 2712 sqare feet f 150 = 18 stalls 2712 square feet 2712 square feet Parking Requirement for office area 3616 square feet \ 150 18 stalls Total required Total proposed • It • I fp.*. « onfusing. We quare feet quare feet quare feet quare feet quare feet V i| LAKD use PIANNISG ZONING VARIANCE APPLICATION cm OF ORONO ' r.o. BO. t6. ■473-7357 \3f p.o. Bo. fct. ------ dc.crlbe your iKJue.t. lneo=?i»i» yv .nr,.v« JfU Shcula^SsdJBiuJti^^-^i^-'^'1. PROPERTY add . ESS 2 applicant 4, ...... -___j»«olAln ________— —--------- ^ list of exhibits I If Applicant !• owner, explain OWNER KAO- Mallln* Adar... / /<5'/0P (Month/Ye.r) , Pf .cxlpjfl5!i ^ oust li«3oa«: j AppHc»t»on ror» 2 j/ nopertT (VTier. U»t j ✓ Certlflc-t. ot Suorey ree Receipt # - tote Rec«lved«Cl-^^^----^ ” Staff Inforr^^joa 4 j Inventory ^ Staff CooTOcnt* p^L^rJ *'*— 7 8 O Mallini Applicant notices Should b. ..nt t«: present zoning use district present use ro .!--'*-' ^ Agent Vacant l-and Vacant Building^ Occupied Bulldln,(.) _K-dT?___ Occupied Bulldln,1.7 _I ----- //AJfT) describe request ..tabllab oeu uee eotitinu. - .. M Describe request in detail: f'C'iCtZ'U . q. VARIANunv^y —y Other — ><^ setbecb < JL ^ H.nee with ZonU., Code i.qulrecwot : ,0. Describe URUSUAb U>L Vidth M-rdcouer / T /---------- --------—________________________ reful'tlon* [AftlM-tt± xvet^ >c- J ----------------------------------— ~ The A I^S“3F="=“-‘ .upplted !• true end correec ««» « ^ ^ IBIT 1 483 # IjIST of exhibits ryikcrjj»tJLeSi ^ 1 n u! • dust Wludc: [ j/ P.opertT U»C j ^ CertlMc«t« of Sorv«J ^ r„ Receipt # . n,,e Recelved'^I^^---- Staff lnforri»-^isa 4 ^ ^ Inventory ^ Staff Coo«acnti OtherJ n X)ST S •ddoo X ■ rrfii^ ----------------------- ^ lUrdcovor _ ------------------ - A \iiin£A-Ss>S-JtSsd. lulf rcicnt*? e vlth lonto* Co** ^^jU. e.ultlo» f.o. .trie. «forc«cnt of .onli« » and OB U>. n«i»M*o»fcood li» g«n«t«l5 I "jCa. :is::r.2^;^»r-Kr.r ’ .C554 DEPARTMENT OF FINANCE mm jn — T. " ' *“ . ■ “ A-603 GOVERNMENT CENTER **p^ i/p E X H I 3 I I A mWEWLlsT'W 55487 |a;^ < /-#i> ' PROPERTY OWNERS LIST 30 I r^m ^u/Are’j^ J^E> mv£^ description ADDRESS fffnpfpry k)li.AY'^ - lot 1 BLK. PARCEL ____ I > ?/ff 5///^y0^^ ^ .........-* - __________ pAt^s R.0oBH*ff CmmJJie»KU.'f M^aTjr | etsMjLctx___'ssi^xc^a^ Vl.MAfSKSl^^JL------------" rf»/7y _1__________J -/-r---------------- I I ^ ^9 ** ^ ^i^m/trp K^ iSC/iSM.-------- tN* «*•'» '•'' *• <g<Pd? 9_ j^oJLi- COjj^ ^M- fi . tr-c . f cc- :*i; ' • -V .. cf •- / «' ''-r< • Sftt / 1, 1. n, rV - v 15r.t*- i;-. V. t\ro ^ * 1'* llv«. , t«. 4 . fciu: ;»• 4*i r«i' *•• :*.- *r * *«.• •. :* ?^v rl_* t -S'— -«3D the ;ru -f frsr.t . r.c r**ar, of T", ; *> »• 5r ^11^. *r r.T'., -f*V * /JwtH'&r- .., r.t <h.. 'jrT. *sXl #xlf »J m5PS"*I‘ kr.i i* c:;5*-*!r, .T.tt It .rt r. :• ■ovl tf r'-v o‘ ..*r !rr**'- *• ".t • ur rt»*~o.r'« i ’'••r.t;. Jor r.-rtr:—'»1‘ t:..'. iV-rW'- VMterlv 111.- Ic- '-hv-:*-- - vr, - ' -c*. r.‘ . ! *•?.?' i “U . - lint v'T' ^r« ■'; tl • J*j<s ef r »4i '-f>t rr» ::&rt!..»'.« l-r:; V .- rJ-rlt.t cr tv tr.'rarr* l!r.r r rV v:. cn **.i5 ivcrr- ■NC-------"V"• V• • a • #■ \ ^ \ « 1 ivm EXHIBIT 5 Jse District IK^CX____ccpt_^ciKm 3jL >pcsa> axrovcji L TOTXt VXHIAJICC % •■€> —C€X)C SKCTU 91. m 94.M 34.2a 34.2a 34.2a r<g>i: SCCTICH Hon owncr«>ilp ••parnin owf»«r«>>lF fi other fMircel* not In this sppllcstlon roiling hilioi 9ronnA location ipmcnt to ____ connect n4 ?ttan4sr4i existing non-confornijif nditionsl uoo non• confoos inf non f i ? c T^^foron I LAND USE PLANNING STAFF COMMENTS & RECOMMENDATIONS 77 SUGGESTED FINDINGS .pecUl condition. .pplyl"9 «» Itructu.r. In the di.trict Inriedi.tely .urroundlng pfOj*rty end do not PP y 9 in which ..id J.nd i. loc.tedj OB or condition, .pplyin, to rnd^or^r-c'-rin the di.trict in inr.di.t.ly .urroundin, p.operty but do .pply 9«n«» X which ..id lend 1. Jocled. The or.ntin9 ol the .pplic.tion -- -^ rriiiTr/ir.--■ *» •■»lr::r::r “ n. . «. ~.1.9 " . „ o« .< o» c».p..h.»'i- UP' “• .f «. rup«" “ “ “• ^ ........................ .. O- .PP>U— “ “- sv.;::n^ ^ ------- ^ ~ -riVp;.t2i:r ■ i. not nece...ty for the p,e«rv.tion end «.joy«nt of . SUGGESTED CONDITIONS OF APPROVAL I. Vf •,, f. u . ,j- . 'c-h-tJui ^ 1^ /% rt hr ^ /.o 'iHe- - j. Ajm.kj —<?d..ae fc. / JU^ •••> • liar to BucIi pio|*rty «»» •iructuie* to such pfopcrty or cture* in thr diririct in •lion nnd cJijoyn^nnl of m icaltli. »»f«ty« comfort. orafort. iior»l» or tho Coopre>»en»ivr Lond ©•• Compr€h*n*i^ lAnd !)»• applicant, but i« n^ceaanry •fora tbc granting of n«^ JU^ I (vf 'i~Ly*- Page O--^ %. .prepared FOR: fj...nif<9 Cnr-t.-io" application reviewed by : city ^dffinl»'^F»tor • • city ttiorncy City vin»9.« 'zonin, A&r,lnl.tr.t.f pj.rmii>9 Commi.Bion Part Oon«ni»*i®*^ p^lie wort* cootdlnoToP public S.lety Dlt.ctor rin*nc* Oifcctot »oll<Sli»9 in*!*'''®' special comments yffm STAFF recommendation 2 ::::::::: ' ^ MS ff%nta<ll •bov*ti .tion for »•• *'•f^nrv applr'-*'^** i-X-H-L B1 J_TZ1 X #4 • • Pttp*S»J 0/J t< fJ)r ,„*. I 5f>* M"mn*TT~-------- lilNuTES OF A REGULAR iiEETlNG HELD MAY 21, 1973 P \/ h A Ryerse moved, Guthrie seconded^ that approval be granted, subject to the conditions in the letter from tl»e Minnehaha Creek Katershed District, Motion, Ayes (6) - Nays (0). Mr. Coakley stated that the only way he could create a double garage and also improve the safety of his entry and exit point was to receive a variance. Mr. Coakley claimed that the County had inspected his property and expressed no concern about plans to further encroach on the road easement, and that the Village sliould have a letter expressing this in a short time. Kullberg moved, Ryerse seconded, that approval of the variance be granted as long as tne garage does not encroach any farther than the existing garage on the side lot line and that it does not extend beyond existing garages toward the road. Motion, Ayes (6) - Nays (0). Acting Chairman Searles noted that this property was in the projected path of future Highway 112. Since no official action has been taken declaring where #12 will be, it was felt that approval of this "simple division" was in order. Ryerse moved, Guthrie seconded, that the division of Parcel 3100 be approved in accordance with Section 39.021 of the ordinance. Motion, Ayes (6) - Nays (0). The required setback for a stable is 150* and Acting Chairman Searles explained that the obvious intent is to protect the surrounding property owners. Mr. Benhardus explained that his stable would be encroaching on the Park Reserve which is heavily wooded and as • a result would probably never be intensly used. In order to construct a stable to adequat'ly house his four horses and their feed. Mi,. Benhardus t^ould require a variance no matter where on the lot it would be located. Mr, Benhardus felt that the proposed location was the most reasonable because the encroachment was on the Park Reserve, and that the natural terrain and vegetation would reduce the visibility of the stable. (Continued) H I Pj HagT 2 VARIANCE -ORDI jn 'ANCE 125 (Continued) VARIANCE Coakley DIVISION Harrison VARIANCE Benhardus I I ;!INUTES OF A REGULAR MEETING HELD liAY 29, 1973 :!ayor Obernauser offered the following motion: E I S I T ^ Fagw : Oberhauser moved, Butler seconded, to give conceptual approval of the transfer of residential credits from the IDS property, east of Higiiway #19 into a single tabulation and apply them to the IDS property on the southwest corner of Highways #1S § #19. This is with the understanding that IDS will do:iate their remaining property that is east of #19 to the Village for park and recreation purposes, !totion. Ayes (2) - Nays (3). Councilmen Butler, Massengale, and IVelsh Nay, Motion defeated. IDS PROPOSAL (Continued) Couiicil deferred action on the Hill Street vacation until June 11, 1973, so that all Council members can go and look at the property concerned. STREET VACATION Hill Street Massengale moved, Butler seconded, to accept the preliminary plat of Dicon addition along with the utility easements and subject to the Village Attorney review and approval of the hone owners association agreement. The cv/r.ers are also required to pay 5% of the raw land value for Village park purposes. This approval is being given in view of recognizing the unusual shape of the land and the hardship involved in trying to plat under normal procedures. In view of the hardship, the Council is allowing the use of a PRD this time for this small acreage proposal. Motion, Ayes (5) - Nays (0). DIVISION 2425 North Shore Drive Butler moved, Welsh seconded, to approve the dredging permit for Hr, Sweetser for the Council did establish a fact finding conclusion that the property is not a marshland as defined in Village Ordinance No. 125, the property is not listed on the geodetic map as marshland and the Village Council did visually inspect tlie property. The granting of this approval is subject to the six conditions listed in the Minnehaha Creek Watershed District’s letter of April 23, 1973. Motion, Ayes (5) - Nays (0), DREDGING PERMIT Sv/eetser Butler moved, ilassengale seconded, to approve the variance for Mr. Coakley subject to receiving approval from the Hennepin County Hignway Department concerning the relocation and width of the drivevcay. Motion, Ayes (5) Nays (0). VARIANCE 2166 Shadywood Road ^ y ly PLANNING COMMISSION MEETING June 1, 1979 # 4 7 9 Planning Commission directed staff to define for applicant the accepted method of determining the 200’ width at building site. Mr. Van Eeckhout was advised to make the following changes in the sketch plan: 1. Realign lot lines to satisfy the 200* width at building site. 2. Wetlands are to be combined with adjacent lots. Staff note, June 1, 1979 Method for determining lot width at building site. The new plans meet the requirement set forth at our last meeting. The applicant must supply the following to proceed with his preliminary application: 1. List 7 property owners within 300'. 2. Topographic map of plat area. 3. Required septic testing for each of the seven lots. 4. Certificate of survey. 5. Report from Hennepin Soil Office. TO:Planning Conunlsslon and Council # 482'2 FROM:Jeanne A. Mabusth, Asst. Zoning Administrator DATE:May 31, 1979 SUBJECT: #482 Loren Klitzke 555/575 Oxford Road - Subdivision SKETCH PLAN REVIEW Zoning District LR-IA The applicant proposes realigning the shared lot line between lots 4 6f 5 of the Stielow Addition. In the process of selecting a suitable house site for Lot 4, the original septic test locations became invalid and it proved necessary to test further south on Lot 5 for the only available and acceptable soils. The inspector has worked dosely with the applicant and recommends the lot line change. Gaffron will report on the additional septic tests and the effects on Lot 5 at our June 25, 1979 meeting. Staff recommends a shared access for both lots on cul-de-sac. An area calculation will be requested for Lot 5 to determine need for area variance. Staff has scheduled a Public Information Meeting for June 25, 1979 at 7:30 P.M. I Lstrator >t line between >cess of selecting septic test locations further south on Lis. The inspector nmends the lot line septic tests and ing. Staff recommends ^n area calculation for area variance. ng for June 25, 1979 Cri'Y OF ORONO, MINNESOTA Land Use Application • (or property) hi Address Legal Description ^ / V_ _ Tel #_ _ _ __APPLICANT Name Mailing . y/i, ^ Address 0 ^» ’ t- > 7 ^ * GfWNER Najne ^- Mailing Address /Tel # / type of request i' Subdivision $150+$/^'<*7^^r / Conditional Use $50 Variance $50 Rezoning $250 Riprap $15 ($65) I fee i’ ( - ^ -7^ // _ Date Rec’d * -; By _____________ Present 25oning /< - /Present Use y. Zoning Ordinance Section Relating to Request - - - Specify Ordinance Requirements ___—) :■ # Explain your request and reasons for same . • ■/y . r ; c < C . /‘ y'- C< —_ _ _ _ _ _ _ _ _ __ 0 / required ■“ extent of nonconformity Lot Area Setback Front_ _ Side T Width- Rear Other, explain Specify hardships to proper^ SUBDIVISION application '■J Residential Other, explain No. of Lots CONDITIONAL 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) ! \ Application completed Plat, map section Certificate of survey of property sketch location and setbacks of proposal construction plans, if applicable Certified Property Owner's list of owners within (300*) (j-iM^)~ from Hennepin Co. Dept, of Finance A-603 Government Center Stamped, legal sized envelopes (#10! pre-addressed to each of the names on the above list. DATE </-'/Applicant's Signature Owner's Signature * X —^ ^DATE _ - - - - - - - - - - - - - - , ^ , Applicant hereby agrees to provide all information required or ^e^^^ted by / TYPE OF REQUEST \ Subdivision Conditional Use $50 Variance $50 Rezoning $250 ___ Riprap $15 ($65) ?EE *' I *7-5^ //_ • i5ate Rec*d a ^ " < 'L 3y . vV- * , y, y ^ ^. ^ • # Rear ther« explain No. of Lots of property in detail / / \ •E APPLICATION tommission meeting) .fied Property CWner's list of :s within (300*) from ‘pin Co. Bept. of Finance ) Government Center ;>ed, legal sized envelopes (#10! iddressed to each of the names le above list. ^ MC5J4 .'^60 DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER \ MINNEAPOLIS. MN 55487 1 PROPERTY OWNERS LIST NAME // If T^M's miHt P.O.Bcy. 7-’i9 r)/<^6NC) i WmTV j- toT DliSCRlPTlON OCp/SirF/ l ioT-1 eurl- PARCEi 'i>!llrl-CUi's /1?jV S-ll71 ^ -------------- — r.u.i^6A ^ _ . H // // U n If it fi // // I y // // '/ 7/ 3ftd£S '£^4?- ,/ / // V //// _:y.7 33SC S77 4 - fJoT - - QC/<1- (jOLS. Cool I certify t»Y9t /,»p/cwfifit4i0 on tHIs cer1*ticate are an accurate and true — lion as It aproa's tnis o*^ t^« Tccords of Die Ht-nn. Co. rin..'ice U»v.. lo tr.C Ctsl oi my rnuv>ivcgo ar.cJ tetict. Heyi. Co Finance^u'ition .......... ’PIQO^ K Ok j; 4 > ^ 5 ft c M- % #484 TO: FROM: DATE: Planning Commission & City Coxincil Members Jeanne Mabusth* Zoning Administrator June 5# 1979 SUBJECT: Conditional Use Permit Hennepin County Vo-Tech 2950 6th Avenue North The Vo-Tech has again applied for renewal ot their 1977 Conditional Use Permit for operation of the Crop Program. The original approval was granted for one year by Resolution 761 and extended for an additional year by Resolution 904. There are no proposed changes from past years. We, therefore, recommend approval of the attached Resolution extending the authorization for 1979. i i ii JUN A RESOLiniON i:XTEN'DlNG THE COKDITIO’CAL USE PERJirrS ISSUED TO THE JOINT IKDEPENDDiT SCHOOL DISIKICT 287 BY CI'JT COU]^CIL RESOLUTION 781 LTIEREAS, the Joint Tn<ifrpendfrnt School District 287 (hereinafter applicant) has applied for txtension of a conditional use permit to operate a fano in the RR-l-B district, which farm provides planting areas for students of the applicant, and use of ® bridge over the cieelc for limited access to adjacent agricultural fields for farming uses only, and WHEREAS, the use requires a conditional use permit pursuant to the Oronc Zoning Code, and WHEREAS, on Kay 9, 1977, the City Council adopted Resolution 781 granting said conditional use permit for a period of one year, and V7HEREAS, the applicant has explained to the City Council the limitations of the Specialty Crop Production Program which will he undertaken on the property in the City of Orono and limitations on the use. of the bridge, which uses do not extend beyond the uses originally approved by Resolution 781, NOW, IhEREFORE, BE IT RESOLVED; 1. lhat the City of Orono hereby extends the conditional use permit for one year based on the following conditions: A. That the only activities tlat shall be undertaken on the .properties shall be the special crop production which includes such areas as orchards, vegetables, nursery stock, sod, Christmas trees, small grains and annual and perennial -flowers and the construction of one small bridge to provide access from the property in Orono to the property owned by the applicant for agricultural purposes only. The bridge may be used only for the passage of the farm equipment and may not be used for general pedestrian traffic. B. On a teirporary basis, satellite sanitary facilities and a minimal shelter such as a small mobile construction trailer for use by the students while on the properties, may be installed on the properties pursuant to municipal and State regulations, C. There shall be no student parking on the properties s^ce the applicant will provide transportation from the classroom laboratory building which is located off the properties. D. The access to County Road ^6 shall be used for agricultural purposes only. E. The location of the proposed trailer shall be approved by the building inspector prior to installation. f Ik Resolution Page 2 2. This conditional use pennit in no way grants to the applicAnt any right to construct any buildings now or in the future on the properties. The City Council is granting this conditional use permit based upon the representations by the applicant that there are no plans to construct or locate any buildings on the properties in' the future except as above set forth, that the bridge is only to be used passage of agricultural equipment, and based upon the representations the applicant that it is very ir.iportant that the City grant this conditional use peiinit at this time because of scbe^duling conflicts the applicant has with its students. 4, Any conditional use permit granted hereby is for one year only and the applicant shall terminate all use of the property pursuant to the terms of this conditional use permit one year from the date hereof, any further use shall be subject to tbs» Orono Zoning Code and further Council action. 5. The applicant and the property owner acknowledge that they have no vested rights to continue this operation heyond one year without first applying for and acquiring from the City of Orono any of the necessary permits for such a continuation. 6. Ihis conditional use shall apply to approximately three acres which the applicant is proposing to lease from the Orono Public Schools and shall apply to approximately 22 acres that the applicant has purchased from Mrs. Emma Gardner in the City of Orono. Ihis resolution was adopted at the regularly ^scheduled Council meeting of June 12, 1979 and is subject to the signing- hereof by the applicant and the property owner on attached Exhibit A. William B. Van Nest, Mayor ATTEST: Walter R. Benson, Clerk/Administrator (I 9oua KesoTutlon i::>:biblt A r conoitional use pfmnit beyond one year Croat the date of Ibe adoption ot this resolution by the City Council, #1 JOINT INDEPENDENT SCHOOL DlSTRICT NO. 287 Suburban-Hennepin County Area Vocational Technical Schools Owmer of Tliree Acres ORONO PUBLIC SCHOOLS By Owner of Twenty-two Acres JOINT INDEPENDENT SCHOOL DISTOICT NO Vocational Technical Schools 287 By. II Mk RESOLUTION A RESOLUTION EXTENDING THE CONDITIONAL USE PERI-IITS ISSUED TO THE JOINT INDEPENDENT SCHOOL DISTRICT 287 BY CI'i’Y COUNCIL RESOLUTION 781 ICHEREAS, the Joint Independent School District 287 (hereinafter applicant) has applied for extension of a conditional use'permit to operate a farm in the RR-l-B district, which farm provides planting areas for students of the applicant, and use of a bridge over the creek for limited access to adjacent agricultural fields for farming uses only, and WHEREAS, the use requires a conditional use permit pursuant to the Orono Zoning Code, and WHEREAS, on May 9, 1977, the City Council adopted Resolution 781 granting said conditional use permit for a period of one year, and WHEREAS, the applicant has explained to the City Council the limitations of the Specialty Crop Production Program which will be undertaken on the property in the City of Orono and limitations on the use of the bridge, which uses do not extend beyond the uses origi'jally approved by Resolution 781, NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Orono hereby extends the conditional use permit for one year based on the following conditions: A. That the only activities that shall be undertaken on the properties shall be the special crop production which includes such areas as orchards, vegetables, nursery stock, sod, Christmas trees, small grains and annual and perennial flowers and the construction of .one small bridge to provide access from the property in Orono to the property owned by the applicant for agricultural pxirposes only. The bridge may be used only for the passage of the farm equipment and may not be used for general pedestrian traffic. B. On a temporary basis, satellite sanithry facilities and a minimal shelter such as a small mobile construction trailer for use by the students vdiile on the properties, may be Installed on the properties pursuant to municipal and State regulations. C. There shall be no student parking on the properties slLnce the applicant will provide transportation from the classroom laboratory building which is located off the properties. D. The access to County Road d6 shall be used for agricultural purposes only. E. The location of the proposed trailer shall be approved by the building inspector prior to installation. p. .>iuiion i ge 2 2. This conditional use peimit in no way grants to the applicant any right to construct any buildings now or in the future on the properties. Hie City Council is granting this conditional use permit based upon the represent*.tions by the applicant that there are no plans to construct or locate any buildings on the properties in' the future except as above set forth, that the bridge is only to be used for passage of agricultural equipment, and based upon the representations by the applicant that it is very important that the City grant this conditional use permit at this time because of scheduling conflicts the applicant has with its students. A. Any conditional use penoit granted hereby is for one y®^t only and the applicant shall terminate all use of the property pursuant to the tei'ms of this conditional use permit one year from the date hereof; any further use shall be subject to the Orono Zoning Code fu.rther Council action. 5. The applicant and the property owner acknowledge that they have no vested rights to continue this operation beyond one year without first applying for and acquiring from the City of Orono any of the necessary permits for such a continuation. 6. Ihis conditional use shall apply to approximately three acres which the applicant is proposing to lease from the Orono Public Schools and shall apply to approximately 22 acres that the applicant has purchased from Mrs. Emma Gardner In the City of Orono. *’®®®lutlon was adopted at the regularly scheduled Council meeting and is subject to the signing hereof by the applicant ^and the property owner on attached Exhibit A. William B. Van Nest, Mayor ATTEST: Walter R, Beffson, Clerk/Adi^nlstrator aaii h } ♦ I > \ Resolution 904 Exhibit A Ve have read the foregoing and agree to the terir'S thereof. Specifically, we acknowledge that we have no vested rights or any rights to continue with the operation of the project or bridge as permitted »inder this conditional use permit beyond one year from the date of the adoption of this resolution by the City Council, JOINT INDEPENDEN’r SCHOOL DlSmiCT NO, 287 Suburban-Hennepin County Area Vocational Technical Schools By ^ ^rector Owner of Three Acres ORONO PUBLIC SCHOOLS By Owner of Twenty-two Acres JOINT INDEPENDENT SCHOOL DISTRICT NO, 287 Vocational Technical Schools HP 'Z.f a Tis thereof. Specifically, any rights to continue permitted under this date of the adoption SCHOOL DlSmiCT NO. 287 County Area :al Schools ‘es >LS o Acres SCHOOL DISTRICT NO. 287 al Schools LOCATION OF PROPOSAL (or pr CITY OF ORONO, MIICCESOTA Land Use Application TYPE OF REQUEST 1 ___Subdivision $150-t$io.00/ Address See Attrichmer c 3iicaT:ion - Legal Description See Attachment_____________________ Joint Independent School District No. 287 APPLICANT Name Suburban Hennepin CountyTel # 55 9-3535 Area Vocational-Technical Centers Address 1820 North Xenium Lane, Mpls., MN. 55441 ______ OWNER Name Mailing Address See Attachment Tel # / T.ot Conditional Use $50 _ _ Rezoning $250 _ _ Riprap $15 ($65) FEE J 0 ^ Date Rcc*d _ _ Present Zoning 88i8 Present Use School Resident Farm 25oning Ordinance Section Relating to Request 34-821_(34^021)_134..^21 ---- - . _ ^ 4a Conditional Use Permit required for SchoolsSpecify Ordinance Requirements ---------------------------------------------------------------- and Farms in a RRIB district __________ Explain your request and reasons for same For purposes of conducting^^ Specialty Crop program farming operations on land zoned RRIB 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 CONDITIONAL 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) Application completed Plat map section Certificate of survey of property sketch location and setbacks of proposal Certified Property Omer's list owners within (300*) (150*)- frosj Hennepin Co. Dept, of Finance A-603 Government Center Stamped, legal sized envelopes(#] i . • # zl S4 HENNEPIN TECHNICAL CENTERS DISTRICT OFFICE /18?0 NORTH XENIUM LANE. MiNfJEAPOl IS WiNNt SOTA SS441 / (612) S59-3535 Hay 21, 1979 City of Orono Box 66, Orono City Hall 1335 Brown Road South Crystal Bay, MN. 55323 Gentlemen: Subject: Conditional Use Permit Renewal Joint Independent School District No. 287 requests that the City of Orono renew the Conditional Use Permit issued to JISD 287 on May 9, 1977, for purposes of conducting our Specialty Crop program farming operations on land zoned RRIB. The subject land consists of approximately three acres located at the Orono Public School complex and approximately 22 acres owned by JISD 287 located at the northeast quadrant of County Road 6 and 201 (City of Orono). We appreciate your giving our request consideration and look forward to your action. Should further action or information be desired, please contact Gene Jereczek, 559-3535. Thank you. Lyle E. Rahn Director and Assistant Superintendent LER/EPJ/ic Enclosures li=uu ^ j . r- 0 1ST? CITY OF ORONO X)W»TiN0tPtND£NT5CH00t0«TI«:TNO ?§7 • ACC«E0iTt0BY Th C NO«T mCIM»U l ASS0C*ATCN A^r'in •7am s ;-5# ■•-■?., r."'® #481 J_!OW«*«.V*" +"........ •" ■■ wi *nftt m- *1' «4)h» I**' *2s» <ti <**4 *m*’ II*. ’ ^.1 — ' «r •«»• • *■’ ‘ • <rx •«».>«» '»■ t »• 'C *1- m tr * .«* • ,#i». * •». . •<» w «■► >■«»•. r» * .»< 4I» . J- ^ / ' r'J ' <>y ■ '4 r 'Np<:'^-\v> ■ ':A^ »f‘ « i. i ; 1CX-. ^ \ Iti. U ’ p ’ 1 ♦ y" ■ ^ ■ i i?^ ^ __________ ____________________________;. W ... W .i*< Kt» lW* * »nii; «•# SN ia!«'► *•* i t i,'i ( t^K'.'-^ »#c-Ti-»« r,_1 ^ ■' 11 • !-'1r .i y' \ 4 1 I* A V ^ ■«!' > %U*‘' kmt: f^-j i &»' •' k v5j d II ! li •13s 8 8 s8. !i 1 *1s: 8 1!1 if B ; 1