HomeMy WebLinkAbout12-01-1979 Planning PacketAGENDA
PLANNING COMMISSION MEETING
MONDAY, DECEMBER 1, 1980
COUNCIL CHAMBERS 7:30 P.M.
CALL TO ORDER/ROLL
1. Call to Order/Roll
PUBLIC INFORMATION MEETING
2. 7:30 P.M. #588 Gary Lindgren, 4505 West Branch Road
PRELIMINARY SUBDIVISION
ACTION ITEM
3. #555 Cortlen Cloutier, 2480 Casco Point Road - CONDITIONAL USE PERMIT
- VARIANCE
WORK SESSIONS
4. #589 James K. McCleary, 3445 Bayside Road - SUBDIVISION
5. #590 James P. Rivers, 1440 Shoreline Drive - SUBDIVISION
6. #591 City of Orono, Ring Route Project S% Section 31 - SUBDIVISION
..■VrPROVAL OF MINUTES
7. Meeting of November 17, 1980
INFORMATION ITEMS
8.The Planning Commission Meeting of December 15, 1980 is cancelled.
Council has postponed their regularly scheduled meeting for
December 8, 1980 to Wednesday, December 17, 1980. Planning Commission's
first meeting of 1981 will be Monday, January 19, 1981.
9.Joint Meeting of Coxincil/Planning Commission is Wednesday,
January 7, 1981.
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City of Oiono^ Mnnesota — Sa-•JJ2T ^
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TO;Planning Conunission and Council
FROM;Jeanne Mabusth, Zoning Administrator
DATE:November 25, 1980
SUBJECT: #588 Gary Lindgren, 4505 West Branch Road -PRELIMINARY
SUBDIVISION
Staff recommends preliminary approval of the Lindgren Plat. The final
septic testing has been completed and reviewed' by Gaffron. He has
approved the designated drainfield area and cautions that drainfield
area for eastern lot must be protected when selecting the house
location; although ten acres, this is a severely limited lot. The
only information lacking is the access review by Hennepin County
Highway Department. I should have something to report on by the
meeting night.
Your recommendation should contain the following findings and conditions;
Findings:
1. Sufficient area for two lot plat - required 2 acres minimum - proposed
10 acres each.
2. Satisfactory drainfield sites and septic design for each lot.
3. Approved access for both lots by Hennepin County Highway Department
meeting all safety standards for 40 mph zone.
Conditions:
1. Flowage and Conservation Easement over entire wetlands area.
2. Public Works Director to review proposed driveway for eastern lot
at crossing of wetlands.
3. Park Dedication Fee of $200.00 ($100.00 for each lot).
4. Dedication of additional right of way for West Branch Road
(total of 80' at this location).
5. Dedication of Drainage and Utility Easement.
« ;•
^ Q Qo* O O
h Road - PRELIMINARY
SUBDIVISION
Lindgren Plat. The final
d' by Gaffron. He has
autions that drainfield
electing the house
ely limited lot. The
by Hennepin County
to report on by the
Lng findings and conditions:
id 2 acres minimum — proposed
lesign for each lot.
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riveway for eastern lot
r each lot). '
West Branch Road
PROPERTY OWNERS LIST
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TO:
FROM:
Jeanne Mabusth, Zoning Administrator
Michael Gaffron, On-Site Systems Manager
DATE:November 25, 1980
SUBJECT: #588 Gary Lindgren, 4505 West Branch Road - PRELIMINARY
SUBDIVISION
Septic System for Proposed Lot 2
I have received the attached report from Hickok & Associates, which
is essentially an interpretation of the percolation test information
we previously had, and a design for a pressure mound system. In this
case, the site evaluator has indicated that the upper 18" of soil are
quite impermeable and should be removed prior to filling with sand for
the mound. While this is not a normal procedure according to Orono's
Design Manual, it appears technically sound for this case. No water
table problem should be encountered based on the soil boring logs
presented. I recommend approval of proposed Lot 2 as a buildable
site, noting that house location must not encroach on the primary
and alternate drainfield sites.
TO;
FROM;
DATE;
Jeanne Mabusth, Zoning Administrator
Michael P. Gaffron, On-Site Systems Manager
November 6, 1980
SUBJECT; Subdivision #588, Lindgren Properties
Septic/Soils Testing
I have reviewed the soil testing information performed by Hickok and
Associates and submitted by Gary Lindgren and wish to make the following
comments;
Lot 1 - West 10 acres
Full testing was done on this lot. Soils indicated were clayey loam,
silty clay, and clay. The Hennepin County Soil Survey indicates this
is a Kilkenny loam which is normally expectant to have a seasonal water
table below 5* and percolation rates in excess of 100 mpi. The average
percolation rate was determined by Hickok to be about 43 mpi on this
lot with mottling indicating seasonal saturation at a depth of 4.7'.
This lot appears to meet the criteria for a standard trench drainfield
system.
Lot 2 - East 10 acres
Full testing was done. Heavier clay layers apparently were found near
the surface. Percolation rates averaged 126 mpi for the entire tested
area, although rates ranged from 33.6 to 360 mpi. Mottling indicated
seasonal saturation at 5.5'. The 126 mpi percolation rate is too slow
by Orono Code and State WPC-40 recommendation for installation of a
septic system. I recommend disapproval of this lot as a building site
at this time. Should the developer wish to have additional testing
performed, he should do it as soon as possible. I have talked to Rod
Cole of Hickok and Associates about the poor soils on the site and he feels
additional testing may find an area suitable for a mound system. Orono
Code' also requires that where an innovative system is indicated for use
in certain lots of a subdivision, a specific system design must accompany
the application.
Summary
Lot 1 should be acceptable for a standard trench drainfield system.
Lot 2 does not meet code requirements for a drainfield system. The
developer may wish to re-test and submit a design for an innovative
system should a more acceptable site be found.
; f
TO:
FROM:
Planning Commission and Council
Jeanne Mabusthf Zoning Administrator
DATE: November 25, 1980
SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road CONDITIONAL
USE PERMIT/VARIANCE
Cloutier has made no attempt to contact staff concerning his current
conditional use permit application once again scheduled for Planning
Commission action. The Commission may act on the original application.
Staff has assembled some old bits and pieces to assist in that review.
Enclosed are Planning Commission and Council minutes and Planner's
memo of July 24, 1980 briefly summarizing the background of application
and citing the various options for action. Planning Commission's
original recommendation can be found in the Minutes of June 23, 1980.
Please call if anyone has questions or if additional information can
be gathered by the meeting night that may assist in finally, a final
action.
J
% •
TO:
FROM:
Council
Alan P. Olson, Village Planner #555
DATE:July 24, 1980
SUBJECT:#555 Cortlen Cloutier, 2480 Casco Point Road
CONDITIONAL USE PERMIT & VARIANCE
The subject of this application is an expanded boat house located
within 40 feet of the shoreline.
The City received a complaint of new construction in progress and
inspected on March 26, 1980. A stop work order was placed for work
without permits after finding:
1. An existing 18 X 34 boat house with an existing
18 X 20 second story addition with surrounding
deck totaling 24 X 35.
2.A 14 X 18 addition underway on the second story,
extending toward the lake, including new stud walls
and roof and large new windows not yet installed.
3. Partial installation of a new furnace.
4, Partial connection of sewer and water to the structure
for a kitchenette inplace.
Mr. Cloutier made his application and contended that the work underway
was merely completing work started in 1971 but never completed. The
Planning Commission reviewed the application on this basis. The
Planning Commission denied the guest house conditional use permit and
variance for work within 75 ft. of the shoreline, finding no hardship
to justify expemsion of a non-conforming use and inability to grant
a variemce to Section 31.101 so that one non-conforming use (boat house)
could be changed to another non-conforming use (guest house). The net
result of this finding, if upheld by the Council, would be to cause
removal of the new framing and new furnace and to prohibit new water
and sewer connections, but to allow the existing two-story structure
to remain.
After the Planning Commission meeting however, new information was
received which may be cause for total removal of the structure because
of a history of continuing similar violations.
July 24, 1980
#555 Cortlen Cloutier
2480 Casco Point Road
Conditional Use Permit 6 variance
Page 2
#555
Unsolicited letters were received from neighbor Wilbur Anderson and
from retired building inspector Mike Scheller. They state:
1. The original boat house was started without permits;
was constructed improperly and infact collapsed before
inspection by Scheller.
2. The permit issued in 1971 was never intended to cover
anything except a one story 20 X 30 boat house capped with
an open deck. All second story work has therefore been
done without authority sometime between Scheller*s final
inspection and March, 1980.
In addition, the 1980 assessed fair market value of the total building
is $1,200. Section 31.106 requires removal of any non-conforming
structure with an assessed value of $3,000 or less within 36 months
of January 1, 1975, or no later than January 1, 1978.
A 1978 Minnesota Supreme Court case also Involving an unpermitted addition
of a second story to a non-conforming boat house upheld an injunction
ordering compliance with the ordinance that prohibits such construction,
i.e.t removal of the non-conforming portion of the structure. That
ordinance permits single story boat houses, our does not.
Therefore, in concurrence with the Planning Commission and in light of
the new information, I recommend denial of the'requested conditional
use permits and variances, and I further recommend ordering removal of
all second story construction which has never been permitted, and
consideration of an order to remove the entire structure consistent with
Section 31.106.
If for some reason, there is shown to be cause for allowing some work
to remain, th3 Council would have to make the following findings and
approvals, none of which have been made:
1. To keep a single story boathouse only:
a) find that value exceeded $3,000 as of 1-1-75, and
notify assessor of change
b) approve conditional use permit for a non-conforming
use as of 1-1-75, Section 32.480
2. To keep any second story shell, without dwelling capability:
a) find that it existed before 1-1-75
1
.ji
July 24, 1980
1555 Cortlen Cloutier
2480 Casco Point Road
Conditional Use Permit & Variance
Page 3
# ^TT ftj? ^
b) find that it existed before Ordinance No. 155,
2-14-74 (75* setback)
c) find that it was .ever an unpermitted expansion
of a non-conforming use
d) authorize building permit approval after the fact,
subject to full code compliance and payment of all
fees and penalties.
3. To allow guest house use, all findings above plasi
a) find it was so used before 1-1-75
b) approve guest house conditional use permit.
Section 34.027 and variances to lot area, side
setback and lake setback
require installation of sanitary facilities
require payment of additional SAC, sewer unit and
water unit charges
c)
d)
. I
MINUSES OF A I^LANNING COMMISSION MEETING HELD ON JUNE 23, 1980 - PAGE 2
Hannah moved to recomm^ind approval of the two lot
plat contingent upon the following:
1.
2.
3.
Flowage and conservation easement taken pver
the designated wetlands.
Lot 2 to grant a private driveway and utility
easement to Lot 1.
Septic installation shall conform to the On-Site
Systems Manager's report and septic design to
conform with the consultant's recommendation.
Payment of a park fee for Lot 2 of $200.
•
Motion seconded by Jabbour. Vote: Ayes (7), Nays (0)
Motion passed ananimously.
JOHN BROOKS
795 No. Ferndale Rd.
SUBDIVISION (Cont.)
(#551)
4.
I
/
Mr. Cloutier was present. He was given a copy of the
staff memo to read before any discussion commenced.
No public comments were heard. Mabusth stated the
applicant is not requesting additional deck, but
only screening. Hammerel asked the applicant if
he was aware that his building permit has expired;
Mr. Cloutier said that was what he had been informed.
Hammerel further brought to Mr. Cloutier's attention
that the Planning Commission may not legally grant
a variance to the standards set forth in the non-
conforming use sections of the code. McDonald stated
she felt this application was not increasing the
hardcover which already exists and that adding a
roof was not expanding the usage. During further
discussion, it was stated that use, not hardcover,
was the issue. At that time, Mr. Cloutier stated
he never intended to use the structure a.: a guesthouse;
he was more interested in finishing the screened porch.
CORTLEN CLOUTIER
2480 Casco Pt. Road
VARIA!;CE t CONDITIONAL
USE PERMIT
(#555)
Heunmerel noted that he felt an interpretation of the
non-conforming use sections of the zoning code by the
City Attorney is -necessary before the Planning Commission
can make a proper recommendation.
Wilson noted the difficulties in distinguishing between
non-conforming uses and non-conforming structures in
the zoning code when determining if this application
really involves an intensification. Does the addition
of a screened porch to a non-conforming structure
involve an intensification of a non-conforming use?
The Code seems to distinguish between the two.
Jabbour noted that at the June 9th meeting, he had asked
staff to interpret the non-conforming use sections of the
Code. In review of that interpretation in the staff memo
dated 6-19-80, a screened porch and guest apartment is em
expansion of a non-conforming use. This body cannot legally
grant a variance to this section. It should also be noted
for the record that installation of the utilities were done
without permits.
MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 23, 1980 - PAGE 3
Jabbour moved t^o recommend denial on the grounds the
Code specifically prohibits us from expanding a
non-conforming use and no hardship had been shown
for the variance. Motion seconded by Frahm.
Vote: Ayes (4)# Nays (3). Motion passed.
CORTLEN CLOUTIER
2480 Casco Pt. Road
VARIANCE t CONDITIONAL
USE PERMIT (Cont.)
(#555)
McDonald was opposed as she felt the variance and
conditional use permit should be approved based on
the following: 1) trees screen the structure from
adjoining neighbors and does not interfere with
their sight line, 2) neighbors voiced no objection,
3) there will be no additional hardcover, and
4) the granting of the proposed variance will not
in any way impair the public health, safety, comfort,
morals, or ge;neral welfare.
Hannah was opposed to the motion as he favored tabling
the application pending receipt of more information
from the City Attorney.
Hammerel was opposed to the motion as he also favored
tabling of the application until an interpretation
from the City Attorney could be obtained.
Mr. Hawkinson was present. Nabusth stated the On-
Site Manager feels it is unnecessary to delay
preliminary approval of this plat as testing has
provided sufficient proof that the designated lot
lines will provide adequate and suitable area for
drainfield.
RICHARD HAWKINSON
4625 West Branch Rd.
SUBDIVISION
(#556)
Wilson moved to recommend preliminary plat approval.
of the Hawkinson plat, subject to the following
conditions:
1.
2.
3.
4.
Conservation and flowage easement over designated
wetland.
Road and utility easement over the 25* private
driveway corridor - length to equal distance of
adjacent Moore easement. Applicant to supply metes
and bounds description for drivewa; .
Dedication of additional right of way for West
Branch Road.
Park dedication fee of $200.00 for Lot 2.
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 15
• I
Mayor Van Nest moved, Butler seconded, to table the HUSSMAN IVESTMENT cC
application of Hussman Investment Company, 3660 Shore- 3660 Shoreline Drive
line Drive, until the next Council meeting. Motion, (Continued)
Ayes (5) - Nays (0).
Alan Olson, City Planner, entered intd the rroord
the following concerning the Fred Ryan, 1345 North
Arm Drive, vacation, dated July 24, 1980, which states;
On June 30, 1980, the City Council conceptually
declined the requested vacation pending a recom
mendation on maintenance and control from the
Public Works Coordinator. On July 14, 1980, the'
Council approved the recommendations for limited
maintenance and for installation of traffic control
posts.
VACATION *
1345 North Arm Drive
«544
Fred Ryan
Therefore, I have prepared the attached resolution
and recommend approval of it to formally decline
vacation of the property.
Council Meeting - July 28, 1980
Mayor Van Nest moved, Hannah seconded, to adopt
Resolution #1166, A Resolution Declining To Vacate
Unimproved Street And Park Property In The Plat
Of Saga Hill Revised, as amended. Motion, Ayes (5)
Nays (0).
RESOLUTION #1166
Decline Vacation .
1345 North Arm Driva
Alan Olson, City Planner, entered into the record CONDITIONAL USE PERJt
the request for a conditional use permit and variance^..-248D~L:(rvco Point Roa
C iof Cortlen Cloutier, 2480 Casco Point Road, dated
July 24, 1980, which states:
#555
Cortlen Cloutier
The subject of this application is an expanded boat
house located within 40 feet of the shoreline.
.The City received a complaint of new construction
in progress and inspected on March 26, 1980. A
stop work order was placed for work without permits
after finding:
1. An existing 18* X 34* boat house with an existing
deck totaling 24* X 35*
2.A 14* X 18* addition underway on the second story,
extending toward the lake, including new stud walls
and roof and large new windows r.ot yet installed
3. Partial installation of a new furnace
4. Partial connection of sevrer and water to the
structure for a kitchenette inplace (Continued)
1J
regular meeting of the ORONO.council, JULY 28, 1980
work^mrt application and contended that
itL?eS competing work
Commission reviewed PlanningThe Plann?n„ X . • application on this basis.Commission denied the guest house
75 fili and variance for work within
ln.bujty to ,ta„t
couldh^M«2? ® another non-conforming use (guest
bS Si • ?“ ‘"is finding, if Sheld
frjaUn, aS^ei ItoifcSaid ^“SoMSfSieS'wiSr"®"
two-“SJ SSctiirS SLin.“^^°" *’■‘*“"9
Planning Coiranission meeting however new
SiSse^SfS h-£continuing similar violations. "istory of
received from neighbor
Siie"lcSnS!" inspector
collapsed before inspection by Mike ScheUer '
2. The permit issued in 1971 was never intended to
cover anything except a one-story 20* x 30' boat
SSS*hn ‘’Sfrri“' ^orywithout authority ^
. a’nTiiSh^Jn?? “nal inspeit‘Ln
In addition, the 1980 assessed fair market vai««
removal Of any non-conforming structure with an^
36 ~Shs ofy , 1975 or no later than January 1, 1978.
Page 16
CONDITIONAL USE PERMI'
2480 Casco Point Road
(Continued)
•fw upheld an injunction ordering compliance
SSSr^rs’2SsSoi?*"“
concurrence with the Planning Commission
and in light of the new information, i recommend denial
conditional use permits and variances
and I further recommend ordering removal of all second'
story construction which has neCer been permliJed? and
remove the entire structure consistent with Section 31.106.
(Continued)
REGULAK meeting of the orono council, aULV 28, 1980
allowing°some*woS\o**r^* shown to be cause forto make the following
none of which have Sfde?
o keep a single story boathouse only:
Janu«J^l|'*'JJ75*^“®/J|Q®?f®‘* $3,000 as of. i»/o, and notify assessor of change
Page 17
CONDITIONAL USE PERM
2480 Casco Point Roa(
(Continued)
2.
**'eu, without dwelling
• » find that It existed before January 1, 1975
plbrM?y 14r*i»74®^75^®feSfch) “o- 155.
of a non-conforming*use''” *” “"P®*^'"med expansion
lict?“sXecl S“uU%SSe"i" ‘•'e
Of all fees and penalties and payment
3. To allow guest house use, all findings above plus:
a) find it was so used before January 1, 1975
Section 34?ol7*and''varlances^to°?*t ““ pemit,setback and lake setback
c) require installation of sanitary facilities
d) require payment of additional cao
unit and water unit charges ^
Council Meeting - July 28, 1980
to read unsolicited^letters^recei^^A*? ^**® opportunity
attempts had been male to cin^ioi^ i "®ted that
the week to s»ke his. aware of thei^^iettM^"'
not aicuate a^^li*of*the Iitruc?*^^x’^'*since 1971. "® atructure has been there
Mrm Scheller had made several inor^ a. •of the work being done. ^^spections noting all
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980
Mr, Wilbur Andersen, 3555 Frederick Street, was
present and conmented that the structure was
expanded beyond its original intended size and that
concrete blocks were poorly constructed.
Mayor Van Nest moved, Butler seconded, to refer the
request of Cortlen Cloutier, 2480 Casco Point Road,
for a conditional use permit and variance to the
Planning Comnission for staff and Commission review.
Motion, Ayes (5) - Nays (0).
Alan Olson, City Planner, entered into the record
the variance request of Jack Rhode, 1410 Bohns Point
Road, dated July 24, 1980, which states:
Planning Commission reviewed a revised plan, at their
July 21, 1980 meeting, as instructed by the Council
on June 30, 1980. Planning Commission recommended
approval of variances necessary to construct the
house per the attached revised plans as follows:
Lot Area - 34.452 13,897 sq. ft. Variance = 32%
Lot Width ~ 34.452 33 ft. variance = 23.5%
Page 18
CONDITIONAL USE PERMI'
2480 Casco Point Road
(Continued)
VARIANCE I
1410 Bohns Point Road^
«546
Jack Rhode
Hardcover - 34.202 636 sq. ft. variance - 3%
I concur with their findings and recommendations with
the exception of the deck encroachment toward the lake,
ahead of line D-D, If this deck were not more than
30 inches above the ground, and not encroaching within
75' of the lake, I would have no objection. However,
the plan now shows the deck to be 8* above the ground.
As such, I would recommend either conq>lete conformance
to line D-D, or with issuance of a variance to 34.201
if. a hardship were to be found.
Council Meeting - July 28, 1980
Councilmember Hannah stepped do%m from the Council table
due to a conflict of interest.
Jack Rhode and James Swenson, representing Mr. Rhode,
%rere present. Margaret Hannah was also present.
Hr. James S%«enson reviewed his clients application
for a variance.
Mayor Van Nest: The City needs an agreement of all
easement holders to include a protective covenant
and dock limitations for each easement holder in
their chain of title.
(Continued)
MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 22, 1980 - PAGE 2
Cortlen Cloutier, Wilbur Anderson (3555 Frederick)
and Michael Wallman (3565 Frederick) were present.
The applicant reviewed the new material submitted
at the meeting. In summary of his written statement,
he challenges the dates referring to scope of the
original permit and period of construction cited in
Scheller & Anderson affidavits. It is Cloutier's
position that the original permit covered the two
storied structure just in review of the costs of
materials back in 1971.
CORTLEN CLOUTIER
2480 Casco Point Road
CONDITIONAL USE PERMIT ;
& VARi;..NCE
(^555)
Anderson once again claims the original permit
covered a single story boathouse to be capped with
deck. The dates referenced in affidavits were
approximate estimates.
Wallman questioned the status of the existing building
v'ithin 75' setback area. If the second story was
constructed out of the scope of building permit, then
how can that portion be allowed to remain in
consideration of the legal non-conforming sections of
the Orono Code.
Jabbour questioned the assessed valuation of $1,200.00
on the subject structure. It is obvious that the boat
house is worth more than $1,200 and how does the City
resolve this issue. Staff advised that with an
application of this type, an inspection of the non-
conforming structure is part of the normal review. Staff
makes an evaluation as to the condition of the structure.
In some instances, applications have been denied
because of the rundown and unsafe condition and advised
removal.
Cloutier asked if he could move the structure, or build
a new guest house out of 75' setback area and maintain
boat house or single story structure.
Jabbour stated he would prefer the entire structure
being removed and asked staff if a newly located
guest house would be able to meet zoning standards.
Staff advised there was ample area and width to satisfy
code.
Jabbour moved to table the application for no more than
a sixty day period in which the applicant must submit
a survey designating the location and setbacks of guest
house with the condition that second story of boat house
would be removed or moved to the new location. Motion
seconded by Adams. Vote: Ayes (7), Nays (0). Motion
passed unanimously. Planning Commission noted for the
record that they would prefer removal of the entire
structure.
I
MINUTES or A PLA!:!:iNG COMMISSION MEETING HELD ON SEPTEMBER 22, 1980 - PAGE 3
Dick Carl was present. The Zoning Adniinistrator
reviewed the information requested by the Planning
Commission on this application. A survey of the
existing hardcover and lakeshore setbacks of the
four other homes in the Carl neighborhood proved
to be more excessive when compared to improvements
proposed by Carl. Planning Commission was advised
that the neighborhood improvements were completed
during the 60's and Carl's application is subject
to today's more restrictive standards.
CHARLES CARL
3685 North Shore Drive
VARIANCE
(#578)
A review was made of three recent applications
involving improvements within the 0-75' setback area.
In each case, the applications were approved based
on either drainage improvements or removal of existing
hardcover located closer to the shoreline.
Carl pointed out that the new construction will be
located 4' further away from the shoreline. Mabusth
noted that according to submitted plans, a deck was
located in the 4' area.
Planning Commission advised Carl that if this size
addition is approved within the 0-75' setback area,
than the existing garage would have to go and that
a new garage would not be considered until the County
vacates the property to the west. Planning Commission
noted that even if County does vacate right of way
a 30' setback from traveled road would still be
required. Under no conditions would the City permit
construction of a garage within the protected area.
Hammerel moved to recommend approval of the Carl
variance involving the following: lakeshore setback
variance - 35'; street setback variance - 22.5';
hardcover variance 0-75' setback area - existing
730 s.f., proposed addition 1,080 s.f.; total
(minus existing garage) 1,680 s.f., and based on
the following hardships:
1. Location of existing house.
2. Only buildable area on property located within
0-75' setback area.
and based on the following findings:
1.
2.
3.
4.
In keeping with intent of the Comprehensive Plan
Property is sewered.
Compatible with neighborhood development'.
All neighbors support improvement to property.
Motion seconded by Jabbour. Vote: Ayes (6), Nays (1) .
I
MINUTES OF A PLANNING CDMMISSION MEETING HELD ON SEPTEMBER 22, 1980 - PAGE 4
Rovegno made a motion to reconsider an addition to
the approving motion; Th^t a condition be added that
no additional hardcover be allowed within the 0-75’
setback area. Motion seconded by Adams. Vote;
Ayes (6), Nays (1).
CHARLES CARL
3685 North Shore Drive
VARIANCE
(#578) Cont.
Rovegno made a motion to add the following to the
above noted condition that until County right of way
is vacated, additional variances will not be granted
to the property. Motion seconded by Adams.
Vote; Ayes (6), Nays (1). Motion passed.
I
Minority Opinion - Frahm ft It the application should
be denied based on the following;
1. Addition of 12% hardcover within the 0-75' setback
area.
2. According to our standards, this application should be
viewed as new construction (more than 50% of the
assessed valuation).
3. It would be better to delay until the vacation is
completed because the majority of improvements
could be located out of protected area.
Carl asked that the application be scheduled for action
at the October 14, 1980 Council meeting.
Mr. Lorge and the following neighbors were present;
Mr. & Mrs. Robert Hunt, 2691 Casco Point Road
Mrs. Sam Child, 2715 Casco Point Road '
Raoul Schander, 2745 Casco Point Road
RICHARD LORGE
2697 Casco Point Road
VARIANCE.
(«581)
The following is a summary of the applicant's
position.; •
1.
2.
Lots on both sides are occupied.
The proposal is typical of existing neighborhood
3.
development.
On purchase of property, applicant was informed
4.
5.
6.
that this was a buildable and separate lot - fee
was based on that assumption.
Properties have been taxed separately - never
receiving benefit of homestead relief.
House is located solely on Lot 4.
He recognizes the code requiring 100* in width,
but he notes that the DaMart site plan proves
even an ambitious house can conform to all the
zoning standards.
‘**»*n*t . ^^
w .u . ' ' ' •*
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>14 9»C*m #555
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5
TO:
FROM:
DATE:
Planning Conunlsslon and Council
Jeanne A. Mabusth, Zoning Administrator
November 25, 1980
SUBJECT: #589 James K. McCleary, Stubbs Bay Marina (3445 Bayside Road)
SUBDIVISION
Zoning District LR-IA
Work Session - Preliminary Subdivision
Area - 2 acres (240* of lakeshore)
Review the enclosed rezoning agreemeir* Stubbs Bay Marina.
The agreement notes the special stan(?v.;«-^ v^tablished for the unique
subdivision. In your review of the suLT^;>;ision, use the following
check list to see if those standards are fulfilled.
1.
2.
3.
4.
Limit of three residential lots.
Graywater system contained in special outlet serving all three
residences - Outlet B.
Lot standards - variances run with property for ten years:
lot width - 75'
road setback - 20*
side setback - 10'
minimum distance between house - 20' ???
Outlet A is subdivided as separate parcel of land to be combined
with a buildable lot within 2,000 ft. - open space easement to
assure placement of one single family dock.
Applicant is to submit the required testing for graywater system on
Outlet B (see Gaffron memo). Agreement does not appear to waive
park fees - what does P.C. recommend?
Access for Lot 2 must be addressed, at this point it appears to be
landlocked. Access for Lot 1 must be approved by Hennepin County
Highway Department and Lot 3's access off East Lake Street must be
reviewed by Public Works Department.
Public Hearing will be scheduled for January 19, 1981.
ii
A • /p./- . cm OF ORONO, MINNESOTA
jyPE OF APPLICATION
0t vO ^
Address 3Wr
Legal Description
• — ep s V • f ^ ^ 1^
APPLICANT Name jTftWJ^ !C^ lAkCliAi^ Tel »^/-^/
Address ^^4v<0 /LfokJ ^*^ . (Alu-h 537/2.
OWNER Name ----
Mailing
Address ___________
Tel #
Present Zoning
Subdivision
$150 + $10/Lot
Conditional Use Permit.
M' -’ yRezoning $250
Vacation $100 (Minimum)
FEE
Date Rec'd,
By ------------
Present Use f/tXK^K
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements _ _ _ _ _ _ _ _ _
£xolaln your reauest and reasons for same /i) (A-
Ul/2v. 3 Id jo 4s. CUxd («-Ke uc<«'.>ik /cfh
--- ---- 1-----^--------------------------------------------
VARIANCE required - extent of nonconformity
Area L»-^etback Front_ _ Side
l/width _ _
Rear
Specify hardships to property
Other, explain _ _ _
TYPE OF APPLICATION
Sketch Plan Review $50
^ Subdivision
$150 + $10/Lot
Conditional Use Permit.
• «9i«nRezoning $250
Vacation $100 (Minimum)
PEE
Date Rec'd,
By _______!
f/IAKI Ki
'W.—/o
a c <M
1
Rear
uy»Ti«r OP PR0^f7^J’'^pf^j
-------- r -
^g^Application
Address
TYPE OF APPLICATION
. f
X Sketch Plan Review $50
_ Subdivision
fUJJijfoinxr
$150 + $10/Lot
Conditional Use Permit.
^ *dkdML
J/wc'AXJ L. .<^tl
f<-l5^0.00
OWNER Name
Mailing
Address
3c.__ Tel #.
Rezoning $250
Vacation $100 (Minimum)
FEE
Present Zoning
Date Rec' d.
By __ _ _ _*
Present Use
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements
Explain your request and reasons for s£une
3 d I fo-Ke /o*/-!
VARIANCE required - extent of nonconformity
—lot Area _ L^etback Front
l^Width Other, explain
Side Rear
Specify hardships to property /iu* ^
SUBDIVISION application c/Residential Other, explain
_ No. of Lots
CONDMIONM, USE MID OTHER - explain proposed use of property in detail
/U
MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION
(Must be submitted 10 days prior to Planning Commission meeting)
Application completed
Plat map section
C**^^iFicate of survey of property
sketch location and setbacks of
proposal
Oohs'truction plans, if applicable
DATE /olnS'/iQ Applicant's Signature
n»'TE'
Certified Property Owner's list of
owners within (300*) (150*)- from
Hennepin Co. Dept, of Finance
A-603 Government Center
Stamped, legal sized envelopes(#10
pre-addressed to each of the names
on the^'SUbye list.
#589
BA YSIDE BEA CH
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I'
I
TO:
FROM:
DATE:
SUBJECT:
Jeanne Mabusth, Zoning Administrator
Michael P. Gaffron, On Site Systems Manager
October 28, 1980
Review of Stubbs Bay Marina Property
On-Site Sewage Treatment Possibilities
Attached is my entire file of field notes and sketches on the water
table/soil types and drainfield system possibilities for the McCleary
property. Since no actual percolation testing has been done, I must
recoimnend that a series of at least four percolation tests be done to
determine that the percolation rate is in fact acceptable for a mound
system although the design of the proposed mound system really is
independent of percolation rate and is based on the sewage flow
anticipated. As has been previously noted, the black-water (toilet
wastes) for the three lots will be segregated from the grey-water
and piped to a holding tank for regular pumpout. The grey-water
(sinks, dishwasher, shower, clothes washer) is proposed to be disposed
of in a mound drainfield system serving all three houses.
Miliff
91 D
06 (omm
REZONING AGREEMENT FOR PROPERTY
KNOWN -AS THE STUBB'S BAY MARINA PROPERTY
THIS AGREEMENT, made and entered into this
/)OiL
^0 day of
I960, by and between James K. HcCleary and Carolynne M. McCleary, their heirs,
successors and assi< ns who are the owners of the property, legally described on
Exhibit A attached nereto and incorporated herein by reference, hereinafter re
ferred to as "Owners" and the City of Orono, a municipal corporation, hereinafter
referred to as the "City."
WITNESSETH;
WHEREAS, Owners have requested the City to change the zoning of the above
described property from B-2: Lakeshore Business District to ’an LR-IA; One Family
Lakeshore Residential District to allow for the development of the above-described
property consisting of approximately two acres and 240 lineal feet of shoreline
on Lake Minnetonka, into three separate single family lots with homes thereon, and
WHEREAS, the City has found that the proposed rezoning of said property pur
suant to this rezot.!ng agreement would be in the public Interest and would promote
the health, safety and welfare of the public, and
WHEREAS, in order to induce tne City to change the zoning of the above-described
property and to grant the variances related thereto as provided for herein, the
Owners agree to lay out, develop, maintain and restrict the development of the above-
described property as hereinafter set forth;
NOW, THEREFORE, it is agreed that for and in consideration of the City's adopt
ing an ordinance rezoning the above-described property from B-2: Lakeshore Business
District to LR-IA: One Family Lakeshore Residential District with variances granted
as set forth hereinafter, the Others agree to restrict the development of the above-
described property as set forth hereinafter:
1. The development of the property shall take place generally in accordance
with the concept plan, a copy of which is attached hereto as Exhibit B.
2. A preliminary and final plat in conformance with Exhibit B shall be sub
mitted to the City for its approval as soon as possible by the Owners.
3. That prior to final plat approval, the Owners will comply with all the
applicable rules, regulations, ordinances and laws of the City and will submit all
information necessary as usual for the review and approval of a preliminary and final
plat.
4. That the above described property will be restricted to th^ development of
that property into no more than three single family homes each of which will be built
on its individual lot.
5. Any homes built on the above-described property shall comply with the
following:
A. The minimum elevation for the ".round floor of the homes
uliicli floodp shall be one foot above the immediately adjacent finished
flow which \ around level or 932.5, whichever is higher.
B. The homes shall be built at least 75 feet from the lakeshore of
Lake Minnetonka.
C. The homes must meet the State Building Code.
D. The homes must comply with the applicable rules, regulations,
ordinances and laws of the City consistent with the variances granted herein.
E. Each home shall be constructed in such a way so that the gray water
from each home will be treated in a gray water on-site disposal
to approval by the City, whic:^ system will be located as shown on Exhibit B. That
area^^shall be sufficient in size to allow for the primary treatment site and an
alternative site.
F. Each home shall be built so that the toilet wastes
in a holding tank, subject to approval by the City, which holding tank shall
pumped as necessary by the owner of the home.
G. The area to be utilized for the gray water disposal on-site systOT
repair or replacement of the gray water on-site disposal system, the agreemen
therefor shall be subject to the approval of the City Attorney.
6. Variances are hereby granted for each of the proposed lots as shcn.m
on Exhibit B as follows and shall be valid for ten years:
A. Lot Area: The average minimum lot area shall he 21,780 square feet
Including its share of the outlet for on-site sewer system.
B. Lot Width: The minimum lot width shall be 75 feet.
C. Minimum setback from Private or Public F.oads: 20 feet.
D. Minimum setback from Side Lot Lines: 10 feet.
E.* Minimum Distance Between House: 20 feet.
7. The area on Exhibit B with approximately 100 feet of lakeshore between
the road and the lake at the Northwest corner of the property may be subdivided
_ 9 -
combined with a
an accessory outlo
off as a separate parcel of land in such a way that it can be
buildable parcel of land \'lthin 2,000 feet of said parcel as
for the purpose of givlni; the buildable lot access to Lake Minnetonka. Sa^4
ibiwatien sliall take pJaee befeee the fiwal let im 4ht mibdiMislafi hme keeii ^
the »i«e «ef the sale «f the in jan thig parcaJ
ahall be combinedthe soBiaining-lot-on aala, ynlasg prauioiicly rnrahinad
^it-h another binH^aMre pieeo of rooidcntial property.
This parcel of property shall be subject to an open space easement, in a
fonn acceptable to the City, to insure that it can only be used for the placement
of one single family dock, and only after combination with a buildable lot as above.yjp^^J ij
8. During the calendar year 1980, the Owners may apply for a permit to allow
for the use of the property and the existing docks in front thereof as a limited
connercial marina, and the City shall grant a permit for 1980 for the marina which
cooBercial marina shall be limited as follows:
A. No more than a total of 55 boats may be stored on the premises or at
slips attached to the deck or moored in front of the property during 1980.
B.There ma> be no winter storage of boats on the property.
C. Uo structure shall be constructed, erected or placed above or upon
the property, including without limitation, docks, piers, signs, billboards, hard
cover or roads of any nature whatsoever, accessory buildings, or any other structure
or improvement which is not presently existing on the property, which is limited to
one storage shed and the present docks, except that portable toilets as necessary and
a garbage dumpster may be erected.
D. The present docks may be reconstructed in the same position that they
are presently and in such a way as to make them safe for the 1980 boating season
subject to plans to be first approved by the City.
9. During any time period in 1980, when the property is used in any way for
commercial marina purposes, no occupancy permits for single family residential
structure on any portion of the property will be granted.
10. As of December 31, 1980, all commercial marina activity of any nature
shall have ceased and all docks and piers in front of the property shall have been
removed, all boats and boating materials and other structures related to the com
mercial marina activities shall have been removed from the property.
11. In addition to any other remedy the City may have, the covenants and
restrictions contained herein may be enforced by injunction.
12. Any violation by the Owners of the restrictions and covenants herein
shall constitute a misdemeanor and may be punishable by up to $500 penalty and
90 days In jail for each day of offense and violation.
13. All the provisions hereof shall run with the property and shall bind
the heirs, successors, representatives, grantees or assigns of the Owners and
the Owners agree that this agreement or a short form thereof at the City*s discre^
- 3 -
tlon, oay be filed in the chain of title for the property and the Owners agree to
execute whatever documents are necessary to insure the filing of this agreement
or a short form thereof.
14. The above described property is hereby rezoned from B-2 to LR-IA.
15. Owners hereby release the City, its employees, agents and elected
representatives, from any and all prior and present causes of action, known or
unknown, including but not limited to the rezoning of this property as provided
for herein, the denial of the 1979 marina license for the property, and the negotia
tion for and execution of this agreement.
16. The variances granted herein and the approval of the final plat for the
property shall be rescinded and be null and void if the Owners breach the terms of
this agreement and the owners fail to cure the breach within 10 days of notice
thereof. In such event,' future development ef the peepeety shall be limited <e owe
aiwgla faiiil3i let with one boiira f V. ^ «
17. In the event Owners submit a final plat in 1980, in compliance with this
agreement and the City has not approved the final plat within 90 days thereof, as
provided herein, then this agreement shall be null and void and the change of the
property from B-2 Lakeshore Business District to LR-IA One Family Lakeshore Residential
District shall be invalidated and the zoning of the said property shall revert back
to B-2 Lakeshore Business District use.
18. This offer by Owners shall remain open
upon the Otmers if signed by the City by _ _
tance and shall be binding
19. City releases Owner for having operating a Marina in 1979 without a permit
and waives any rezoning fees and licensing fees due under the terms of this agree
ment.
CITY OF ORONO
William B. Van Nest, Mayor
And
administratoriner
7 James NcCle^
Ca^lynne M. McCleary ^
L*
COMBINED EXHIBITS A & B
REZONING AGREEMENT
Dated March 28, 1980
APR J PI or
for K. • rCl'jjry
of ••lorV. 7, P.jysi'?'. to La/e l innctonl;.*.
(JITY of ORONO jjpjJ '1 un’i 7?, .iuoitnr* ion I’o. 2C3
Hynnooir County, ^5r.JI^^o1,n
Area described in
Item 5 G
tj
Are
described in
Item 7
rorti^Jojit« o'* r.u’^oy:
j v tr-t thin ir i» tm;.T nno rorn'rt rooror.nr.t« lion of
p rV tv.* r»^\u: o'* Plor‘; 7, “Rjyri'*n Ad.’ition to »:2 Unno-
tr.rV;’*, nrd of ’#ot« 21 ;*.nd 27, .u;'.!iior’? Suhcivision PurV-.r 203,
Co'inty, •.ivinorot*-. It dovs not oninorl to show ir.src»vcwnts
or rnrroarhr.ent;*,
Sc*»lct
D»1.*» :
o :
1" s 100*
17-15-7^
Iron n*»ric«r
Lnnd Purveyor ond i'loniier
Lonr Lnice, Minnesota
i/
rm
L
'i
TO;
PROM:
DATE:
Planning Commission and Council
Jeanne Mabusth, Zoning Administrator
November 26, 1980
SUBJECT: 1590 James & Mary Rivers, 1440 Shoreline Drive - SUBDIVISION
The enclosed resoning agreement involves certain parcels making up
the Windward Narine complex directing the applicants to complete a
subdivision for tax purposes of parcel 11-117-23 22 0003 (review plat
map and sections designated in agreement). Mr. Lehtinen owns east section
of (3), (6), and (7). (4) and (5) owned by the applicants. West half
of (3) was owned by Lehtinen is now owned by Mr. Born. The unapproved
division occurred when Lehtinen sold the west half to Mr. Born. The
agreement specifies the following conditions when approving the
subdivision:
1.Special agreement to be drafted by City Attorney requiring
Lehtinen to tie his remaining commercial property into a
"special combination" with east portion of (3). This will
prevent sale as a single separate lot with riparian access.
To formally recognize relationship of all parcels to commercial
marina operation.
2.Open space easement over Parcels designated on plat map by slash
lines prohibiting all construction, parking, exit or entrance use
by cars to adjacent docks.
A Public Hearing is scheduled for January 19, 1981.
f.
4
4-'
CITY OF ORONO, MINNESOTA
Lan# jJse^Ap^lica^on TYPE OF APPLICATION
LOCATION OF PROPOSAL (or prop^^)
Address 1 4^^ ^
Legal Description ScY TieiJ ^ Tii'/ ^ ______
Parcel 2Scc _ , m3
APPLICANT Name
Mailing
Address
»’i \)f ^ xf Tel #.
mu 4 I/r Lihi/r/ik
1 -.1 Sketch :
1OWNER Name A f. ei (. .^ K 4 . ■}• ^ >7_ _ Tel
Address ^ ^(\Ul
Present Zoning L» ^ •* f ^ ^ Present Use
Zoning Ordinance Section Relating to Request - - -
Specify Ordinance Requirements ______________________
Ske^h Plan Review $50
sion
$10/Lot
Conditional Use Permit
_ _ $30.00
_ _ $50.00
Rezoning $250
Vacation $100 (Minimum)
PEE m ^ ^ j
Date Re^*d^ **
By
Explain your request and reasons for scune ^A^ply i«1^ ]^i-i —4i-r"
^ ki^ in Cc/nmep y u3t\y.cX3.f
TYPE OP APPLICATION
Sketch Plan Review $50
sioR
$10/Lot
Conditional Use Permit
_ _ $30.00
$50.00
Rezoning $250
___^cation $100 (Minimum)
FEE
Date Rec.*d
By
(/»xOtK tJU ^,
n—Ez£Lss±ati__/tirJL
t j.4 ^
*•< / /C^CTuY
Rear
——.i*-**.
CITY OF ORONO, MINNESOTA
Lar^ Ap^lica^on •
IDCATICN OF PROPOSAL (or prope^t) ' »
Address 14^^ j/Tf ^
Legal Description 3c'( TiviJ ^ t'.i 7 R ^3 ______
. Part i -l aSC C m3
applicant Name f'. >\i vf i^sf Tel _______
Mailing
Address 4 5; Iv-i'f.hny Ot- Luaj/r/, L
101
OWNER Name Tel FEE
Address ^ ^ ^(iZTt
TYPE OF APPLICATION
Sketch Plan Review $50
Sion
$10/Lot
Conditional Use Permit
$30.00
$50.00
Rezoning $250
\^cation $100 (Minimum)
fierj
Date RecJd
By
iJSl
Present Zoning_ _ _^ ^ ^ Present Use
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements
Explain your request and reasons for same
kiUin (u>/nntcn o ’tL.[*i> t<nu i*y? Cf'n'uyu J ’i' hrifL^—. /tU<y fri rru’0-€
^r€cir\f>vi- ■'If ,
paiTVj rl / / r KL /t<vTL.y lu.^ ^^4.
VARIANCE required
_ _ Lot Area
Width
extent of nonconformity
_ _ Setback Front_
_ _ Other, explain _
Side Rear
Specify hardships to property
SUBDIVISICRV 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)
I-
Application completed
Plat map section
Certificate of survey of property
sketch location and setbacks of
proposal
Construction plans, if applicable
DATE i). m
5. Certified Property Owner’s list of
owners within (300*) (150* )■> from
Hennepin Co. Dept, of Finance
A-603 Government Center j
6. Stamped, legal sized envelopes(#10|
pre-addressed to each of the names
on the above list.
Applicant's Signature \IaaU A _ _^
DATE _ _ ___ _ _ _ _ _ _ _ _ - _ __ _^_ _ _ _ ._ _ _, \k _ _ _
Applicant hereby agrees to provide a^l information requirea or requested by
Owner's Signature •(» 'i
the Zoning Administrator, City Engineer, City Attorney, Planning Commission
and Council nece^isajcv tjO r»o c c thJLc aLBj^JJ^&SLtJLoLn an/3 4-n »“♦-V\o r ant*oo g to OPi V
TYPE OF APPLICATION
Sket_ch Plan Review $50
Sftibd lesion
$10/Lot
Conditional Use Permit
_ _ $30.00
$50.00
Rezoning $250
Vacation $100 (Minimum)
¥fO/f6
e Rei 'to
—hi.£i4 j,—r*-^ ^
r^r^juf .ioM, tJU ..
d j-4 t
‘.]
Rear
, explain
No. of lots
roperty in detail
PLICATION
ssion meeting)
Property Owner's list of
thin (300') (150*)- from •,
Co. Dept, of Finance
ernnent Center j
legal sized envelopes(#10|
!ssed to each of the names
ove list.
fi llcuM £u>ouaK^
X»>m. /^LyvtL \ikiLt
AGkLLMEUT WITH CITY OF OKUHU
KECAKblNG RKZONlM; CLKTAIK PHOPKKTILS
the owners ofWHEREAS^ JA!f£S P. HIVEKS nnd MAKY A. RIVERS are
That part of Government Lot 1. Section 11, Township
117, North Kange 23, West of the 5th Principal
llerldan, described as follows: heginning at a point
on the shore of Uke lUnnetonka which point is found
as follows: Beginning at the meander corner at the
Northeast corner of said Government Lot 1; thence
South 10 degrees East 826.35 feet more or less to
the Northerly line of a certain tract of land
deeded to Edgar Boswell and recorded in Book 700
of Leeds, Page 47, thence North 67 degrees 48
minutes East along the Northerly line of said
Boswell land to the shore of Uke Minnetonka-
thence Northerly along said shore a distance’of
125 feet more or less to a point in a line that
is parallel with and distant 120 feet Nortnerly at
right angles from the Northerly line of said
Boswell tract; said }>oint being the point of
beginning of tract to be described; thence con
tinuing Northerly along the shore of said Lake u5
feet more or less to a point in a line drawn
. parallel with and 185 feet Northerly at right ancles
from the North line of Boswell tract above ref«?ed
to; thence South 67 degrees 48 minutes West to
shore of Hud or Bound Uke; thence South along
shore of said Hud or Round Uke to a point in a
line which bears South 67 degrees 48 minutes West
from the point of beginning; th'ence North 67 decrees
48 minutes East to the point of beginning;
ALSO: That part of Government Lot 1, Section 11
Township 117, Range 23 descrloed as follows: Be
ginning at a point on Shore of Lake Minnetonka which
point is found as follows: Beginning at the Northeast
corner of said Government Lot 1, tlience South 10
degrees East 636.5 feet to the Northerly line of
land conveyed to Edgar Boswell by deed recorded In
Book 700 of Leeds, page 47; thence North 67 degrees.
48 minutes East along the Northerly line of said
Boswell land to the Shore of Lake Minnetonka; thence
Northerly along raid shore 75 feet more or less to
a point In a line that Is parallel with and distant
70 feet Northerly at right angles from the Northerly
line of said Boswell tract, said point being the
point of beginning of tract to be described, thence
continuing Northerly along the Shore of said lake
iO feet more or less to a point in a line drawn
parallel with and 120 feet Northerly at right angles
rom the North line of Uswell tract above referred
to; thence South 67 degrees, A8 ciinutes West to
Shore of Mud Uke; thence Southerly along shore of
said lake to a point In a line wnlch bears South
67 degrees, 48 minutes West from point of beginning
thence North 67 degrees, 48 minutes to beginning.
!
#590
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WHtkLAS. said above property is subject to a certain first .wrtgage dated
bovember 22, 1^70 running In favor of JAJIES D. liclIAliAK.
WHliKl-AS, Windward Marine Inc., a corporation owned by JAMES P. KlVEXS has a
twenty-five (25) year lease which expires In IVyfi together with a first option
to purchase the property described as follows:
Section 11, Township 117,
described as comaenclng at the meander corner
on the North line of said Government Lot, 1; thence South
10 degrees East (assuming the North line of said Govern-
ment Lot 1 as bearing East and West) a distance of 82b.27
feet to the actual point of beginning; thence North 67
egrees 48 minutes East to the shore of Uke lUnnetonka;
thence Southeasterly along said shore 60 feet, more or
less, to an Intersection with a line bearing North 67
degrees 4b minutes East from a point which Is on a line
bearing South 10 degrees East and distant 61.39 feet from
the actual point of beginning; thence South 67 degrees
48 minutes West to the shore of Tanagcr Lake (formerly
Hud Uke); thence Northwesterly along the shore of Tanaxer
Uke to an Intersection with a line bearing South o7 degrees
fj fu” beginning; theSceNorth 67 degrees 48 minutes East to the actual point of
beginning, according to the Government Survey thereof.
Parcel 1:
That part of Government Lot 1, Section 11, Township 117.
Range 23, described as comDenclng at the meander corner
on the North line of said Government Lot 1; thence South
lU degrees East (assuming the North line of said Govern-
, ment Lot 1 as bearing East and West) a distance of 764.88
feet to the actual point of beginning; thence North 67
degrees 48 minutes East to the shore of Lake lUnnetonka;
thence Southeasterly along said sliore to its Intersection
with a line bearing North 67 degrees 48 minutes East from
a point wlilch is on a line bearing South 10 degrees East
and distant 61.39 feet from the actual point of beginning;
thence South 67 degrees 48 minutes West to the shore of
Tanager Lake (formerly Mud Lake); thence Northwesterly
along the shore of Tanager Uke to Its Intersection with
a line bearing South 67 degrees 4b minutes West from the
actual point of beginning; thence North 67 degrees 48
minutes East to the actual point of beginning.
Parcel 2;
That part of Government Lot 1, Section 11, Township 117,
Range 23, described as commencing at the meander corner
on the North line of said Government Lot 1; thence South
10 degrees East (assuming the North line of said Govern
ment Lot 1 as bearing Last) a distance of 585.84 feet to
the point of beginning of the land to be described; thence
continuing South 10 degrees East a distance of 61.39 feet*
thence North 67 degrees 48 minutes Ust to the shore line’
of Lake Minnetonka; thence Northwesterly along saia shore
bearing North 67 degrees48 minutes Ust from the point of beginning; thence SoutS
67 oegrees 4b minutes West to the point of beginning.
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first mortgage dated
JAIltS P. KIVEKS has a
with a first option
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and that the fee ownership of said land Is In the naoe of Jack U-htlnen ana that
he has consented to the rezoning of the described property.
WHhRKAS, both pieces of described property Is traversed by Hennepin County
Koad and the described property is bounded on the easterly side by Drowns
Day of Uke Minnetonka and on the westerly side by Tanager Lake on the soutn by
a commercially zoned marina and on the north by res 1 dent1ally zoned property.
»
WHEREAS, by reason of Its location the property on Browns Bay Is adaptable
to development as a commercial marina because of Its access to open water and
does not present a safety or health problem.
WHEREAS, by reason of the smallness of Tanager Lake and the current number
of approved slips in tnls area, the expansion of any marina activities on tne
Tanager Lake side may constitute a Imedlate threat to the public health and
safety
^ WHEREAS, the current marina Is licensed for 1J« slips and there is pending
before the council an application for dock layout for forty (40) slips on
Tanager Lake and seventy-eight (7«) slips on browns Bay together with such
landscaping as necessary for said protection and appearance.
WHEREAS, the City has requested that there be no permanent structure or
parking on the parcel of land lying east of Hennepin County Road north of
the current building and-to use the resldentlally zoned property owned by Rivers
for obtaining the necessary parking spaces for a IIB slip narin.
WHEREAS, JAMES P. RIVERS and MARY A. RIVERS are occupying, as a principal
resident, a building on the property owned by them and there Is another residen
tial unit on the adjacent parcel to the north.
WHEREAS, the City of Orono, alter reviewing all the facts presented at
various public hearings has concluded that the development of the property on
Browns Bay with the dockage proposed and the rezoning of all of tne property
owned on Browns Bay by JAMES P. RIVERS and MARY A. RIVERS or JACK LEIiTlNEI. and
the granting of conditional use permits as to the use of the property between
County Koad #15 and Tanager Lake for parking purposes and would be consistent
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of Jack Lclitinen ana that
erued by Honnepin County
astcrly sJde by Drowns
ger Lake on the south bv
tially zoned property*
Browns Bay is adaptable
cess to open water and
? and the current number
rlna activities on tne
the public liealth and
ps and there is pending
Tty (40) slips on
together with such
nee
rmanent structure or
nty Road #15 north of
property owned by Rivers
p narin.
upying^ as a principal
here is another residen-
facts presented at
It of the property on
all of the property
» or JACK LKhilNEL and
wi:h the City obligation to protect the public health, welfare and safety and
respecting the property rights of the land owners on condition of the j l
owners agreeing to jthe restriction as to Riparian Rights an su
/
herein provided*■
HOW TUtRtFOKE. IT IS ACRtEl) between tl« City of Orono, • IkmicJpal
Corporation and JAHtS P. RIVERS and MARV A. RIVERS as owners of:
the property between
would be consistent
Tnat part of Government Lot It Section lit Township
117, North Range 23, West of 5th Principal
Merldan, described as follows: beginning at a
on the shore of LaKe lUnnetonka which point is found
as follows: Beginning at the meander corner at the
Northeast corner of said Government Lot 1; thence
South 10 degrees East 826.35 feet more less to
the Northerly line of a certain tract of land deeded
to Edgar Boswell and recorded in ^ok 700
Page 47, thence North 67 degrees 48 minutes ^st along
thfNortherly line of said Boswell land to the shore
U^r.UnnetonRai thenc. Hot.harl, along - ■* abor.
a Eli Stance of 125 feet more or less to a point in a
!lni tf.at is parallel with and distant 120 feet Northerly
it ri«ht anglL from the Northerly line of said Boswell
tract; said point being the point of beginning o trac
to be described; thence continuing Northerly along the
f caiH Lake b5 feet note or less to a point In a
??°"arlw^ nirili'l «ltr.nd 185 feet Northerly at right
iSef f™. tS:“o»h lie. of Boew.ll tract above referred
to: thence South 67 degrees «8 nlnotoe West to ^
or Roond URe: r1 “Ith
degra”''e6*m*n«es tent fro. the point of '»8ia"‘”8!
North 67 degree. 68 nlnote. En.t to the point of
beginning;
Ai cn* That part of Government Lot 1, Section IK
“rnJ'L sr:
'sreteu S'd::r^::ii:d.rinioor5ororj:.d..
pSre?: "naerterth 67 degree.. 66 .
rhdB Northerly line of said Boswell land to the
Ste« of UR. MlnnetonR.: thence
chnre 75 fect oore or less to a point in a
4s MraUel with and distant 70 feet Northerly at
rlEh? aiilis from the Northerly line of said Boswell
tract said point being tne point of beginning o
iract’to be described, thence continuing
along the Shore of said lake 50 feet more or ess
to a point in a line drawn parallel with 120 feet
Northerly at right angles from the North line
lioswell tract above referred to; thence South 67 degrees,
46 minutes West to Shore of Hud Lake; thence Southerly
a?ong shore of said lake to a polv,t In a line which bears
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rc and safety and
on of the property
surface usaj;c as
a tlunicJpal
; of:
/
tore
nerly
ng;
lint of
:tnlng
is
) feet
[
1 deerces,
jthcrly
tich l«ars
South 67 degrees, 4b minutes West from Doinr «f 4 4
thence North <,7 degree.. «h .l„„te. to Wg?;„rig. “
and Jack Lehtinen as owner of;
p>at part of Government Lot 1. Section li t,v. u4 ..t
Range 23, described as commenci^ at thi L n^" ** ’
en the North l.ne of .old Cov:!:*..; u. n"^e"e“Zth
egrees hast (assuuing the North line of said r
«nt hot 1 as bearing East and West) a dUtaSa of
. degrees 48^10^^^ ^ginning; thence North b7*^rees kb ciinutea East to the shore of » i
thence Southeasterly along said shore 60 feet o^'ro^**
iess, to an intersection with a line bearing North b7
egrees 48 minutes East from a point which Is on a n
bearing South 10 degrees Esst an"d distal 6K3S feet
*h .ln'I“’ “* “b**"”*”*! thence South 67 degreesminutes West to the shore of Tanacer Lak«^ i
Uke^'f®^’ Northwesterly along the shoie orianager
Lake to an Intersection with a line bearlnc South S7 I ®
*« ulhuts. West from the sctual point of tegiZl‘ ,^‘ “
^rth 67 degrees 4» minutes East to the aclSal oofu, r"
beginning, according to the Government Survey thereof?
Parcel 1;
- 2!nL'^r f Lot 1, Section 11, Township 117,
on the commencing at the meander corner
on the North line of said Government Lot 1; thence South
degrees East (assuming the North line of said Govern
ment Lot 1 as bearing East and West) a distance of 764 8h
feet to the actual point of beginning; thenerwo^h 67
degrees 48 minute. Ea.t to the shore of llkrMlnnetonL.
thenc-. Southeasterly along said shore to its interswaon
r poin^t wji%h^u‘^*
;i:..c^“rhnf^':::.'jrmitt.“'s:it^h;"jh:'s!:fr:r‘=
a line bearing South 67 degrees 46 minutes West from th*.
sctual pulut of bagl„„l„g;%h.„c. North W dagjc«“g
minutes East to the actual point of beginning.
Parcel 2;
1' ’• "> Tbwwblp 117,
f? «’ **®®"***««1 a* commencing at the meander corner
?n H ® Ctovernnent Lot 1; thence South
10 degrees East (assuming the North line of said Covern-
as tearing East) a distance of 585.84 feet to
the point of beginning of the land to be described; Whence
continuing South lU degrees East a distance of 6i 39 #4>*f.
thence North 67 degrees 48 minutes Last to the shore line*
iL^W "“■■'"“••'•cly along said shorn
b7 degress
as follows:
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Fit
ginning.
I
H
between the Lnter'^l!'nt''of Keperty lviu(;
bey which hee . h-eniei ' lil" '
*■ KIVEKS or by JAU, LUnwi f™" ’’ '"• "*«'
.0 JAllES K klJt^tS one bbore Uowercie) b-2 end to greet
paruing of autooobljts on the nror r'rv** permit for the
tJally zoned to provide the renlden-
Che requirements of tt.c olj Pt?eet*'llarTi!’r spaces to meet
variance from the rc-qui reuentc o* tl h frdli.Ji.te or to grant a
finding that such variance does mt ordiriancc subject to thehazard.y variance does not create a puollc health or safety
TMS .,:reeo:.„t o. tht uty of Or.no u condlt.onel nod rnde sohjec. to
JA.,hb K KfVohS end twthV .I. hnht.s bbhnhXh ow„tro Of t„e dewcrlhed
property doing the following:
HcJneJl"n CoJnfy‘'toaf
11-117-23 22 0003) and havine tba i- ^ Loren horn (J-.l.;;
the remaining conxiercJal property ou^L bv'^’jis^^'TTV^^^***^*'”^
agreement that tnis property will mt hr I fwith written
of a sale of the balante of th. . ^ T Parcel
Lentinen. property owned by dJ«s.es Twy
1.
-rihd -
plans submitted and that no oemnnanr r lantiscaping j>er
permitted on the property f^
not prevent the construction of dockage in
sold dochngo snlll bo fi^ri^r^irlooo o“I 11.,°”'^'"^ "■
perty in the spring and fall for niirici • ^ of said pro-
IUS.0 fh. iouJchlig“l“riLIaI
?:: *• "jv^ks ..d .h. g„„u„.
osshfog sct\rgr::Lo^~”- --- --snow
Withdrawn by JAMtS P. KIVEKS and >lAkY A RlVEkS r,f r^ <
^ur:o‘ii:r;:7ur?ci “:rb-i.''""‘^‘'' Myt;““?d"o„‘-
-d*y:.^MatoT b--j;':i“o\r'f^r"!i ™
for the propoosed dockage plan as if t^ck requirements
land lying ,.ortn of parcel P. l!h. 1 2° J^^^rcBident Jally zoned
'■• o“”r.“Jl“.“ „"d"r‘."fo‘CcJ^: o^‘^"‘ ‘'“'•-bs Oh bcowos bay
iho. .ho oooco.o.. ., .hy“Z:Jci:/S:»“"w,n'" '1“ -'-"o
commercial rentals to lib boats. limit tiie number oi
5.
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Planning Commission and Council
Jeanne Mabusth, Zoning Administrator
November 26, 1980
*591 City Of orono - Property located on west side of
Road - SUBD?v?Iton" ‘ "<=C“lley
$
iilr-
Oensi?J “°S loTs^Tlot^t f' t A 3.01 acres t, Lot B 35+ acres)
Public «orts Cootdi^“^o^“^a^%%°^ov^"^e^“'!l“^|i„.«*"~ --
reviei?® '^°"”rssion should consider the followin, points in your
Recognition of variance required for creation of substandard
access «d”gJaderthl"r«T"*‘®‘' «« ' City has created
9* Drainage easement referred #■« •
- easem^*? ^PP-°a^%‘Sld“S:%lr“i:g*^f “a?
an al«ssory us^M%arr«el’''’® "iH eerve as
Public Hearing is scheduled for danuary ig, i„i.
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west side of
Line & McCulley
vision approval
utting the Ring
ner" and proposes
lew memo of
■nts in your
substandard
City has created
system abutting
ranting of that
i^ill serve as
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PARKS
oO 1 JUNE, 1980
the city is pursuing m) active program for park and open space improvements.
Bearwood and Hackberry Parks and in completion of key J® J ^
Boaments The City Council and Park Commission are currently involved in
a major city-wide park improvement poll of neighborhood needs that may
alter current improvement plans.
The City is not currently planning for the acquisition of any additional
oark^laJ^d because of the fact that there is already a large amount of
Tnl opln space areas in the City and that the City is. expected to
only a modest increase in population. Rather, the ma3or ^
and'^Open Space Plan will be on the protection of passive recreation amenitie
such as wetlands, woodlands and other private open space. and on the
physical improvement of the existing public park facilities.
THE FOLLOWING PUBLIC PARKS ARE PLANNED FOR CAPITAL IMPROVEMENTS WITHIN THE
SCOPE OF THIS PARK AND OPEN SPACE PLAN:
1.BEDERWOOD PARK - Scheduled for construction of a Babe Ruth
size ball field, improvement of an off-street parking area
and additional landscaping in 1900.
LUCE LINE TRAIL ACCESS - The City and DNR are cooperating in
development of a parking area and trail access point at
HcCulley Road; expected for improvement in 1980 or 1981.
NAVARRE AREA MINI-PARK - Existing playground equipment is located
in the City commercial parking lot. Newly acquired tax forfeit
land in the residential area has been cleared. The City will
relocate the playground equipment and improve the land for park
purposes between 1980 and 1985 so as to improve access, safety,
usability and aesthetics of the facility.
4 .CRYSTAL 6ay MINI-PARK _ Existing playground equipment is located
on the private grounds of the Minnetonka Art Center as a carryover
from when this facility was a public school. The City will work
toward moving the equipment to city-owned property in coordination
with consolidation and improvement of the City administrative
center in the neighborhood.
5.BIKE-HIKE TRAILS _ The City will continue working toward completion
of the total bike-hike trail network on all City streets, and
will encourage Hennepin County to complete the segments located |
along several County roads. ^
CMP 8-17
y<?
JUNE, 1980
^ND OPEN SPACE IMPROVEMENTS.
Lties were developed to any
til underway at Antoine,
>f key bike-hike trail
ire currently involved in
>orhood needs that may
lition of any additional
idy a large amount of parks
ly is expected to experience
\e major focus of the Parks
passive recreation amenities
tn space, and on the
facilities•
\L IMPROVEMENTS WITHIN THE
Lion of a Babe Ruth
street parking area
9R are cooperating ii
access point at
in 1980 or 1981.
round equipment is located
/ly acquired tax forfeit
Leared. The City will
iprove the 3and for park
improve access, safety,
r.
n
TO:W. R. Benson, City Administrator
FROM. John R* Gerhardson, Public Works Coordinator
DATE: November 21, 1980
SUBJECT: D.N.R. Parking lot purchase O a
, ss.:; s.,
constructed area adjacent to McCully Road for a parking^lot? ^
Bruce Malkerson, has reviewed the amount offered and recommends accepting their offer.
City engineer, Glenn Cook, has reviewed the legal description of the
entered^ found that the drainage easement needed was not
On November 21st, I received from the DNR a letter stating that the
drainage easement legally described should be added to the agreement.
recommendation to accept the offer from the DNR for the
aae McCully Road contingebt upon the proper drain-
9 t being entered into the le^-al script7as one document.
>und equipment is located
I Art Center as a carryover
lool. The City will work
td property in coordination
le City administrative
le working toward completion
all City streets, and
^te the segments located
[•Mil*]
0 4M«1 OTiHOC*