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Home My WebLink About01-19-1999 Planning PacketORONO PLANNING COMMISSION Tuesday, January 19,1999—6:30 p.m. 2780 Kelley Parkway—Council Chambers AGENDA Council Representative: AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commbsion. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission b an advbory body to the City Council. If action is taken on any items on thb agenda, they will be scheduled for the Februaiy 8,1999, City Council meeting unless otherwbe noted by the Chair. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS Review of these items will commence prior to or between scheduled public hearings 1.#2410 Peter Boynton, 1973 Fagemess Point Road, Variances and Conditional Use Permit. (Staff; Liz Van Zomeren). SCHEDULED PUBLIC HEARING: 7:00 p.m. / 2.#2449 John Vogt/Mike Hilbelink, having an interest in 3020 Watertown Road, Preliminary Plat. (Staff: Liz Van Zomeren). 7:15 p.m. /3.#2450 Glen Gronberg, 325 Willow Drive North, Preliminary Plat. (Staff: Paul Weinberger). NEW BUSINESS. PUBLIC HEARINGS Glen Upton, 3685North Shore Drive, Variance. (Staff: Paul Weinberger)/4.#2443 5.#2445 /6.#2446 Robert Gehrman, 4300 Sixth Avenue North, Variances. (Staff; Paul Weinberger). Marc & Sherry Maslow, having an interest in 1890 Shad3rwood Road, Variances. (Staff: Liz Van Zomeren). i / ‘ 7.#2447 l/s.#2 Keith Waters AssocTKirt Woodhouse, 885 Ferndale Road West, Variances and Conditional Use Permit. (Staff: Liz Van Zomeren). #2448 Keith Waters Assoc./Doug Carlson/C. Ray, 780 North Ann Drive, Variances. (Staff: Liz Van Zomeren). #2451 Lyle and Gretchen Shaw, 1780^hadywood Road, Variances. (Staff: Paul Weinberger). SKETCH PLAN REVIEW 10.#2452 Peter Andrea Company, having an interest in 5XX Stubbs Bay Road North (PID #32-118-23-24-0007). PLANNING COMMISSION COMMENTS 11.Report of Planning Coimmssion representatives attending Council meetings on and November 23,1998, December 14,1998, and January 11, 1999. 12.Other issues for discussion. 13.Planning Commission approval of minutes for November 16,1998. 14.Selection of representatives for City Council meetings on January 25,1999 and February 8, 1999. ADJOURNMENT Public A ttendance /-Meeting D ate □COUNCIL ^ Planning C ommission □Park Commission □O ther NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER —--^/JUC •/,/V / 2... KNJfu--Uj.LrTK 7 ^ leo VX- .V^T<. ^l^ 4. 5,\\f \'lf\1r ;V\ 3:^ v.fv^rvA.(‘J_ ^1 VJftLi 4y» 0 ^ / '1 / •lOiJ' ,<r /’^p^ i *■ ■**—»-----1—^,.>.L-}------------ ------------^1 ( r^Xx i ___ u|^'a UJci (i\0(r1 y' / ■ ^ /tf^/j V f \ C( ?V A i. ! Hz ^!2kJltk5 « ■ i ■-------------------------------------------- ------------- iLo AJ________ •�.. t /"--�, "-I I 0 • I ., , .. ',· _,., >--.. '· I �p- 0 A 4400 B "' H ' >' ,f _,,( �-��;--�=i:'l -1 .il:"'_n.._ .,_ -.. � I r· a:&.4' JI � 1�5h 5 ----- -).L,/5'/� :J. L/ '-{ f •-II.- '· '·· .. _•... , ..--.. :.,-. -.. 11 ,!f,IIJ !II ••-�'---·----. 41 ,./ ...... u.�� ::,.-n'li-- .. c.... - - --� ,.,. f/i "-... , ·-· • • ,,df'l7 ✓•✓• � ">-· -✓ 4000 -•r: I E :nloc, f 24bo G zloo 1-i ..Joo I J:io J ebc, K 4b() L �itv nf Ornnn_ Minn,=.�nt� I , Mcm' =� ORONO PLAN�Tut.1da7, Jau11a11780 Y.ellcJ Pa:-bAG CoU11cD Rrpresmtative� ______ At1DIENCE MEMBERS:Please alp la for the public r«ord at the ICommlssloL A.pplk:antJ will be askrd to m°'C'h•ir momaca the appll-:.tion. Tbt Pb.IICouncil. II action is t2l. ... n on any item.! February I, 1999, City CountD mtttin& uo OLD BUSINESS: CONTINUATION OF Pt n..cview oftltae lttms wm commence prior L #241.0 Peter Boynton, 19-73 F, Permit ( S ta£f: Liz V 1 SCHEDULED PUBLI'.: HE.ARING: 7:00 p.m. 2.#2449 7:15 p.m. 3.#2450 John Vogt/Mike Hl1b Preliminary Plat. (Sta Glen Gronberg, 315 ' Weinberger) NEW BUSINESS: PUBLIC HEARINGS 4 S. 6. 7. I. #2443 #2445 #2446 IUC7 #2441 9.#2451 10.12452 Glen Upton., 3615 No Roben Gehrman, 43 Weinberger). �!a.re & Sherry �u.s ariance1. (Staff: Li Keilh Watm AssoeJl<i md Conditional U1e Pi Keith Watm Asfoe. .Varianrn. (Staff: Liz Lyle aod Gretchm Sha1 Wcinl:<iacr). Peta Andrea CompaDJ (PID #ll•l ll-23-24-0 PLANNING COMMI.SSION COMMENT 11.Rcpact of P!anmna Comminicm nNow• FM 23, 1991. Do«-oba: 14, l ! 12.Olba-inues for dilr.Ult.ioa 13.PJIDDina eomm;mm approval of ml 14. tP tl • far City C / Date of Application: 7/22/98 Most Revised Date: 12/16/98 60 day li:iiit: Waived TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:January 12, 1999 SUBJECT:#2410 Peter Boynton 1973 Fagemess Point Road Conditional Use Permit for Land Alteration in the Lakeshore Setback Variances for lot area, hardcover in the 0'-250' setbacks, average lakeshore setback, lakeshore setback, height and structural coverage 1 Zoning District:LR-IC One Family Lakeshore Residential District (1/2 acre) Lot Area:10,350 sq. ft. (.237 acres) Exhibits:A A2 B C C2 C3 C4 D D1 D2 D3 E E2 Application Waiver Form Plat map Topo Map Enlarged topo map Existing topo based on survey Proposed topo based on survey Previous proposal Proposed survey Reduced survey 1979 survey for garage and addition Cut diagram Cut calculations FI &2 Hardcover Worksheets G Watershed District letter H City Engineer letter I Permit record »24i0 Peter Boynton 1973 Fagemess Point Road PC-1/19/99 page-1 — iMinn riffciti Date of Application: 7/22/98 Most Revised Date: 12/16/98 60 day limit: Waived J1 -3 Historical records for 1979 variances K Previous elevations Ll-3 1998 Minutes Application: The applicant is proposing to remove the existing structure and building a new residence. (See Exhibit Dl). The proposed residence requires multiple variances for lot area, lot width, street yard setback, structural coverage, hardcover in both setbacks, height, lakeshore setback and average lakeshore setback. The applicant is also proposing to change the grade in the lakeshore setback to allow for a walkout. (See Exhibit E). The applicant is proposing to excavate and remove approximately 344 cubic yards of soil. The proposed cut calculation are shown in Exhibit E2. Pertinent Ordinances: 1. 2. 3. 4. 5. 5. LR'IC Standards-Section 10.25 Subd. 6. Lakeshore Setback and Average Lakeshore Setback-Section 10.22, Subd. 1 B and Section 10.56, Subd 16. C. Structural Lot Coverage-Section 10.03, Subd. 14, C. Hardcover-Section 10.22, Subd. 1 and 2, Section 10.56, Subd. 16, L. Height-Section 10.25, Subd. 6 and Section 10.56, Subd. 16, H. Conditional use permit for land alteration-Section 10.03, Subd. 19 and Section 10.56, Subd. 16, J. U2J10 Peter Boynton 1973 Fagerness Point Road PC^I/19/99 page^2 Date of Application: 7/22/98 Most Revised Date: 12/16/98 60 day limit: Waived ANALYSIS Lot Area and Yards LR-IC District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1/2 acre 100’30’10'75' and ALS* ^Average Lakeshore Setback Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 10,350 sq. ft. (.237 acres) 76.54’'27' to SW comer of proposed garage 10.52'to proposed garage 40.78 to NE comer of proposed house The subject lot does not meet lot area or lot width requirements. For new construction, variances are required for lot area and lot width. The proposed garage encroaches 3 feet into the required 30' . back from the street. The proposed side yards conform to the LR-1C standards. The proposed resi^i . nee encroaches into the required 75' lakeshore yard and is 10' forward of the average lakeshore setback. Hsishl The Zoning Code requires that the height for this proposed residence be measured from the garage level which is proposed at 934. The allowed height from the garage side to the midpoint of the roof is the 974 elevation. The plans that were previously submitted exceed this height requirement. mio Peter Boynton 1973 Fagerness Point Road PC^l/19/99 page^-S Date of Application: 7/22/98 Most Revised Date: 12/16/98 60 day limit: Waived Structural Coverag e Total Lot Size Structural Coverage Allowed Structural Coverage Proposed Variance Requested 10,350 sq. ft. (.237 acres) 1,552. 5 sq. ft. (15%) 1,826 sq. ft. (17.6%) 273.5 sq. ft. (2.6%) The proposed residence exceeds the allowed structural lot coverage requirements. A variance is required. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75'5,860 sq. ft.1,258 sq. ft. (21.5%) None 1,091 sq. ft. (18.6%) 1,091 sq.ft. (18.6%) 75'-250'4,490 sq. ft.1,477 sq. ft. (32.9%) 1,122.5 sq. ft. (25%) 1,529 sq. ft. (34.1%) 406.5 sq. ft. (9.1%) The proposed residence exceeds the allowed hardcover limits in both the 0'-75' and 75-250' setbacks. Land Alteration The proposed survey indicates that the applicant intends to excavate and remove a total of 344 cubic yards from the property. Excavation is proposed within the 75' lakeshore setback. The City Engineer states in Exhibit H that there is an error with two contours on the northeast lot line. The proposed contours are at 2:1 instead of the preferred slope of 3:1 for maintenance. Erosion control is also a concern because of the proximity to the lake. Generally, the City of Orono discourages any grading or excavation in the lakeshore setback. This proposal is not consistent with City policy and may have a negative impact on the lake. *^2410 Peter Boynton 1973 Fagerness Point Road PO-l/19/99 page~4 Date of Application: 7/22/98 Most Revised Date: 12/16/98 60 day limit: Waived STATEMENT OF HARDSHIP The applicant has stated on the application fonn that the grade and existing conditions and lot size limit the property. STAFF RECOMMENDATION Staff finds that there is a hardship for lot area, lot width and lakeshore setback variances. However, the proposed plan requires additional variances. Staff finds that no hardship exists for an average lakeshore setback, street setback, structural coverage, hardcover in the 75-250' setback, or height variances. Therefore, staff recommends denial of these requested variances. The conditional use permit for land alteration in the 0'-75' setback is contrary to City policy and would establish a precedent for allowing substantial changes in lakeshore yards to create walkouts along the lakeshore. Therefore, staff cannot recommend approval of the excavation plan. Staff recommends denial of the requested variances and conditional use permit. »2410 Peter Boynton 1973 Fagerness Point Road PC-l/19/99 page-5 Application it <3.^/1 0 Date Received 7/2^/^^ Amount Paid ^2^0 • ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250 00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION siieAddress 101'*) t=Ar^p-rgkESf VnM Property Identification Number (P.I.D.)- IH — Im OC'^8 Attach legal description to application if not included on required survey. Date Property Acquired J9f(f _______________ I (do) <C5 noThalso own the adjacent parcels of land. (month/year) Present use of property: ___residential Zoning District: LQ ~~ 1 C>_________ other (specifyX APPLICANT Name ^ F^f»' P6iY/}7^ Address:City: O^ttytvD Phone (horne d Phonefwork) ^*7/ Zip: OWNER (if different than applicant) Name ________ Phone (home). Phone (work)_ y-T'. —r ~/l Address:City:.Zip:....... • • •: .1 DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost $ (attach additional sheets if necessary) c VARIANCES REQUIRED Lot Area Lot Width )(^ Hardcover Lot Coverage Setback:X Front Side __Rear Average Lakeshore Other (specify) Cxarwdthoivll (Ka. Rp/iv\il>m HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or unusual property .^conditions preventing compliance with Zoning Code requirements: -pM—let_Si24^-ygA^ jiAufrr asf (attach additional sheets if necessary) REQUIRED SUBMITTALS AH of the following information must be submitted hv the applicarion deadline date in order for vour application to be considered comnlgtg!J..f 2 4. ^ 5 P 6 7. 8. Completed Application Fonn Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center. 348-327IV ' Certificate of Survey (signed by a licensed surveyor) include hardcover calculations as required. In addition, provide one (1) copy 8'/i" x 11" for reproduction. __Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 814" x 11" for reproduction. y Sketches or plans of floor & elevation views provide one (1) copy 8V4" x 11"). ^List of the legal names (include marital status) of dl persons widi an interest in die property. This would include 'ndme(s) of'applicant(s) if not current owner(s). __As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __Additional items as may be requested by City staff. • • The Apjplicant and Property Owner must sign this application. Please remember that your variance, application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifles that the information supplied is true Md correct to the best of his/her knowledge. Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of mvestigation and verification of this request. Owner's Signature oi investigation ana veniK Date Applicant must have- all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commbsion and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting.' . 8 •. November ICl 1998j/l99 Peter Boynton 1973 Fagemess Point Road Wayzata, Minnesota 55391 Application #2410 ^ 973 Fdgemess Point Road .*■ i . . '.U NOV 1 V 1998 CifY Ur UnGiMO WAIVER FORM 1 am requesting suspension of the review of my application for conditional use permit and variance. I release and waive any of the City's obligations to proceed and conclude review of my application in a timely manner which includes any statutory obligation for timely review. ulttlf/ Peter Boynto Date eOlFFili'i APM T® e § .s.Aev-tct I P�pe✓� , , 0 . . • EXISDMCr TOPftCiEMW iw (wjewess pt pd nr To 3 rtf i2. yjcstncr* 3cto>^n •pp.OP0t3€D •• §• • ?! i Co 1 8 , -· -:i za... . . :, I �ll. -c.. .. _; �� .:::. s :,. ,. � . �11110 ,-i .:d - -- • .; !2 i -s � 1-! -a -, � 0 ett era c "'i; I s= c .e ti, e .,. ... < ·r-j ·c J "[:! ,I -:jt:} v, ! V) ·Pi -s J.s � ., ... ·r--♦.:•...;!! ... ·..- � dHr t () ·-�&4-. c,O � �� #'!)... \� / � � / DESCRIPTION: �"-G �Q)" q'M ►' ". ,<o '�� r #,,.I�� iJ� �� ef� OQ? -1'� � Lot 7, Fagemess. Hennepin County. Minnesota. GRAPHIC SCAT.E ( IN l'EET ) 1 inch • 20 fl �-�� ........ ,'3. s 6s��•• ........v<S• (: < lu. s,.�,.. Or .... (/� -9� Z>e-9 �"'s>, Al 6•:s .-'-1> I 08• . ��s l¥� ........ I I .;.-..,, SJol? �'D�/:'. ,,,_-�---- I '(lt\tq '?jt � 9>� .P .... I I 'f.._9�1 J0.6 .;:,G-.J a �� .. -. .,, , �-� 30.45 �o BENCHVA�llK� � � Q;--0 , TOP NUT OF nRA' BYDRD/7 EUYA770N=833.ll - ADJ7ANCE SURJ7£YING & ElVGINEERING C 5300 S. H,vy. No. 101 Minnetonk�. �{N 55345 Phone (612) 474 7964 Fax (612) 474 s:; -�--------------SURVEYFOR� DZURIK CONSTRUCTION co. -- at you mieoa anu liUOIW&. WC �Ul ve,1 ,u .i,1,1�u 6"9""&&au.l ... a,UM& -o ... --·----J -·a1s if you can. ·\11��1� __ . _ . ____ : July, 1998 ·/I / DRAFiED: July 20, 1998 REVISED: September 22, -I , '.;kvi.. lUi;.UR\>EYED: Jul\. 1998 DRAFTCD: July 20.1998 REVISED Sept^r 22. |998 ^DESCRIPTION:’7, Fagetness. Hennepin Couni>'. Minnejou. INflTATlOKS & NOTES: , . Snou-ing ihe length and <yrrciion of boundary lines of the lepl dcscnpiiun you tumlshed. •Showins the location of existinp improvements we deemed inipoiunL rain dteir approvals if you can. *V.»^VVNA^*> V , ---------,James H. l•arKer l*.L. ii P-S. No. 9235x->VV . tP ’7 for ;.1v3ti ;!♦ :% ^<r.troru rf wT:*. 7, >‘:-''rr*3P Mer-nc.:.:-. ^ vjr.ty* llir.nes'^ta ff’/yri V! *• i # < • . • • *• •• • ••<- ‘r r. 4 * * .♦^ • r, •rv***-* f j ••'». a • I—.;».rr?rr'<*’ •*• r . V *t. 1 r I • — •.* i •• -- - • i 1* cr-*r r........ , * r 5* :?: •:•■.* ••* •? 4*. *«••.•••■ • *<r:. '•• -.Vi - • ••>*#•• • # • • •• y V ^ ••-«*• ••• •• • V 7*. • .«•••*•• I io*‘2S ..» V*' •* #/ # \ '/ ' .’\ \ To Sffo^S 7HtS ^i4rr **' l/it? o i” - 4C’ ‘■-ri-79 ]rnr. rs-V.vr Cor.ior. K. Coffin r-'G* ^ ‘ ..Ivir. ."i. ?.Vr..:or .v2f* Cvr%'C"orr- erd rl%r.ncrr. ^.rc -••V-.,* l innccota Tills ITEM H4S SEEN MiOfiOFlieiED ••• f€C-23-19r3 13:37 AD'.WICE SLiP'vEYINGw u. r 6124743267 P.03 03 mST JMif SHORELINE JULY 16, 1998 ALSO ORDINARY HIGH WATER, 929.4 CONTOUR n*51*49" E 932 ROADWAY J^agf^jvfss %POI/Vr FOAF tothl p.o: C€C-23-19-?3 13:37 AD^WICE SUf^EYIMG 612474S267 P. 02^*03 € PROPSED EXCAVATION AT 1973 Eagerness Point Road, Orono, Minn CUT AVG END AREA AVG. CUT CU. FT.CU. YD. 23 6.5 149.5 6 6 23 23 136 5 680 25 4 272 249 732 3 2196 81 2 1487 1215 1774.5 1 1774.5 66 0 3821 2334 LAKE SIDE OF HOME IN CUBIC YARDS 178 CUT AVG END AREA AVG CUT CU. FT.CU. YD. 67 4.5 301.5'11 4 67 67 652 3 1956 72 2 1304 1237 2227 1 2227 82 0 4521 3217 166TOTAL EXCAVATION FROM STREET SIDE OF HOME IN CUBIC YARDS TOTAL REMOVAL FROM SITE IN CUBIC YARDS (ABOUT 34 TRUCK LOADS)| 3^ \ NO FILLING IS PROPOSED .•u •HARDC0V15R-C^CIJLATI0N worksheet SETBACK ZONE*. (CIRCLE ONE) ^0-75M 75-250' 250-500’ EXISTING HARDCOVER rs ZONE A.House X ■» Ltsfth Widdi B.• Garage C.Driveway D.Sidewalk E.Patio/Deck F.Ltadscapc Undetlala Zy Plastic Or Fabric G.Other X X X •m • X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -5- B X100 PROPOSED HARDCOVER IN ZONE A.House X_____________ Leog:h B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Ucderlain By Plastic Or Fabric Jt X X X X X X X X X X G.Oi'-.tr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA LN ZONE A \ (y6 \*B X ICO 500-1000’ to I, S.F. S.F. S.F. S.F. S.F. S.F. jg,Cl__S.F. S.F. "ZhS S.F. S.F. S.F. S.F. S.F. S.F. \ 7-S^ S.F. qftfeO S.F. ZUS % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. \ZO S.F. S.F. S.F. S.F. S.F. S.F. \o^\_S.F. _S.F. A B A B •Urn HARDCOVER CALClfCA^aOIiWORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’V 75-250^250-500’ EXISTING HARDCOVER IN ZONE ----^ 500-1000’ A.House Leojih Width B.Garage ••• C.Drivewa.y D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric X X X •.*X X X X X X X X X n m S.F. S.F. S.F. S S.F. 7*3 S.F. S.F. 'ZjW S.F. S.F. 308 G.Ocher S.F. S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 1 Ann + B xlOO \A^S.F. A S.F. B %'h'L^ PROPOSED HARDCOVER IN ZONE A.House __________ms S.F. Leottb Widtfi B.Garage C.Driveway D.Sidewalk E.Patio/Dcck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X S.F. S.F. S.F. S.F. S.F. S.F. 10^S.F. S.F. S.F. S.F. S.F. S.F. S.F. G.Other 'Re'V VOcsAV 3k—S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A \Sa_^ + B X100 AA30 S.F. S.F. 3a71 % A B Gray Freshwater Center Hwys.15& i9, Navarre Maih 2500 Shadywood Road Exce'sior, MN 55331-9578 Phone:(612)471-0590 Fax:(612)471-0662 Email: admin9minnehahacreek.org Web Site: wwwjninnehahaaeek.org Board of Managers Pamela G.Blixt James CaDdns Lance Fisher Monica Gross Thomas W.LaBounty Thomas Maple, Jr. Malcolm Reid 0 01 ftcyclBd Aipv oomwwg Minnehaha Creek Watershed District % • • Improving Quality opl7ater, Quality of Life December 30, 1998 Elizabeth Van Zommeren City of Orono P.O. Box 66 Ciystal Bay, MN 55323-0066 RE; Review of Proposed Projects Dear Ms. Van Zommeren: heLinas h projects in Orono which will be on public frnm ?£ ^1* ^ ***** of these projects will need ocmits from the Minnehaha Creek Watershed District. The following comments apply^ or nlwdplainlmpM «s required. There appears to be no wetland 0oVA/R)^J an erosion coZl p^rnJt ^-* ------ BmJ^^*° *******“ *»*e of rate control and VOfrT/ The s^idth of those °^***® 'wetland. If any filling, draining or activJ^boundary a permit will be required for that fSer qu“^^^^ opportunity to comment. Please call me at 471-6282 if you have Sincerely, ^ijm Haflicr District Technician C:\FlLES\coininenu\Orono.l 23098.doc J Bonestroo S=im Bosene ^ H Anderlik & iVll Associates Engineers & Architects January 5,1999 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Peter Boynton Residence File No. 139-2410 Dear Liz; Bonestroo. Rosene. Anderlik und Associates, ksc. is sn Affirmative Act»or\ Cqual Opportunity Employer Rfincipsis: Otto G. Bonestroo. P.E. • Joseph C. AncJerlik. PE. • Marv*n L Sorv^M. PC. • Richard E. Turner. PE • Glenn R Cook. P£ • Robert G Schunicht. PE • Jerry A Bourdon. PE • Robert W Rosene. and Susan M. Eberlm. C.P^ Senior Consultants Associate Principals: Howard A. Sanford. PE. • Keith A. Gordoa PE. • Robert R. Pfefferie. PE • Richard W. Foster. PE • David O Loskota. PE. • Robert C. Russek. AI A. • Mark A. Hanson. PE. • Michael T. Rautmann. PE. • Ted K Field. PE • Kerwieth P Anderson. PE. • Mark R. Rolfs. PE • Sidney P Wilfiamsoa P.E.. L.S • Robert F. Kotsmith • Agnes M. Ring • Michael P Rau. PE • Allan Rick Schmidt. PE. Offices St Paul. Rochester. Willmar and St. Cloud. MN • Milwaukee. Wl Website; www bonestroo com H We have reviewed the preliminary grading plan for the proposed new home construction at the Peter Boynton residence. The site is located at 1973 Fagemess Point Road in the northeast quarter of Section 18. We have the following comments in regards to engineering matters. 1.Access: The drawing submitted for our review contains a lot of information and is difficult to understand at times. It is unclear whether the proposed driveway will be paved or gravel. We recommend the new driveway be bituminous or concrete to prevent sediments from washing to the lake. 2.Grading: The grading plan shows the site being lowered by approximately 4 feet near the middle of the site. The proposed plans indicate grading up to the lot lines of the neighboring properties on both sides of the Poynton property. The size of the existing lot and the amount of proposed grading may impact the neig' joring properties and might require easements. The grading plan shows a 944 contour Qring into a 946 contour along the northeast lot line, plans should be revised and corrected. Proposed contours northeast of the garage scale 2:1. We recommend that slopes that will be maintained not exceed 3:1. Erosion control is a big concern as the lake borders two sides of the property. An erosion control plan for the entire site should be submitted for review. Erosion control measures should be in place prior to any grading and maintained throughout construction until vegetation is established. 3.Drainage: Impacts to the lake should be minimized. Phosphorous loadings leaving the site should be limited to a maximum of 0.28 pounds/acre/year. The site lends itself to some son of best management practice (BMP) such as vegetated buffer strips to treat runoff leaving the site. 4.Easements: Drainage and utility easements should be provided 5 feet wide along all interior lot lines and 10 feet wide along the roadway right-of -ways. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. /<T?r^ Tom Kellog Cc; Greg Gappa, City of Orono 2335 West Highway 36 ■ St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 Permit No. jMt VP7^> PERMIT RECORD Date 7-^S- 4?^ *P^ -7/? g - P/ -go ^ - a? ~&o X Tyoe of Permit ^0 /rt /H.Ll. /P jJ^\^A4L^^ 3 •*I • - * .: k 0 ( '••••^.*4 • Council Jeanne A. Nabusth, Zoning Adniniatrator November 6#1979 ?52^i A. R. Sackstrom, 1972 Pagorr.OFo Toint Road « VAPJAS'C .u.iiNO DISTRICT - LR-IC / L'ackstron requests a street setbackof 2* for fc? 28* to roplaco « /O' X ia’"'oerogo Jocots^ .1.0 .he right o£ way o£ F«'.g'.>rncoo Point Read,'^h'* ..c;;or,o taart of hia request involvoB an S' x 2S' eddition j '..lo roar o. the house.The pro;so.?cd ?aproveivon''o wi?.')l .•-•i’jirv a hardcover variance of 266 c.i. o- 9?."he ..:.."..-.v.ents will add approximately 434 o.f. of hardcov/r • . .ho addition will add 224 o.f. or 7.58. The (uotitract existing garage), will odd 210 s.f. a •'•-* *•••« • •« •.1? i 1 ••* I 0 % » ■'o* tho eppUcatiens. ..Vi.w Minutes of October 29^ 1979 for background iiion and recon3:iondation*» ^ ! ! i i•* % \ I { ^0/ ax - <5&o Mdihdn ?i(3X = .pf€0lOiM 3(fi0 TJy- • • ■ ; •• • T, * • . •• «r « < *.•* .. -iv .* •• i •1*5 ' •v.J 1 •. v>: . .V .. # ■.*•• . I.»y .•••*•'.*» 4 •V’ v / •. ••v V V* • V :j•:\ * V'v.’ • .1 •*‘v- ••.** ’ ^4- * •.■•*, 1‘, *.• ••.•V •• •- ' • '^*4 •vS'v'V''•■ '’-I •• .. . . ,.y. • ..• . i •* •'. ^ •' •.•*■ V' ••-Vv* >.••• , •.!•• .•';•'•• i/i-iv ■•} •••V *A' . * •:. ■< •' ! 0 • •• f ■0 • . •• • •• • I•••«,;.• i.*f •:•(]< j1 , to .i|*j»jf>Vo I )u;.....Ml* tii O, K. ^tAUO lloiLli ;«hoxo. :.v.-, \,*-r ♦. t.r. J»1 .trifu fi*j C» u .:ni :.s i un rfi'omnu.-ud.xL i on.*;,. 0 4 . y ^ f . 0f • 1.7hi‘ yravol drlvcwnyf: rtcivlng t.ho non-con forming ♦;.ir.iqr*3 are to bo rcr^ovcd and ficodod ?. 'Hio new driveway ;sho\ild not oxccfod the allowed afldiiional hardcover of 360 nq, ft. 3.The apjilic.int to bo advinod that pat I on, comont walV.n, etc aro connldcrod hardcover M.ot5f»n, Ayefi (5) - Ways (0). Alan f>l.‘ion, City-Plannor, t-ntered Into the record Iho variance rcqucr.t of A.n;u.*V..*;t tom, 1973 Fagerneno Point hoad, dated Wovenher 6, 1079, wliich ntatcr.: .Mr.rc'jn reqnoatn a fit 33' for a rww gar.wje 20* X localx'd 12* ifito t h<* Tfdf.t ”o.id,Tht ”} f.econd par ..r; .M'V ‘‘O'.iddit, ion to t ))0 ;.fM.! f ov»-n/*ni a will v.i t i f.i /f,0 •*'!. ft. or vOl .l id ipj.«I'lxin.^toly 434 1 . f* V.•; Jir i t i on will .i ••• V I :.•: • ;e {r-iild, X'.u;t *•>; .1 :d . If)•ft. or 7. U-.. rer*t f.» tb.iok v.o iance of 2fl' to K|>l.uo a 20* X Ifi* right o'f w.ay of riujf the hon:'.e. Tiic» ifijnii.:* a liiH doov'cT* 97., '."lio Inp! (>v»-ru*MIn !:q, ft , of h.iidcovi*r or dd 224 f;q. ft. or 7.',7, i! i ii‘j 0.1 r.njx? ) v;i 11 VAH.1ANCB 1973 Fatjernenn Pc 4524 A. H. Hack fit rum 54 (ro!»i *. :i!j*‘dy ‘• ’ r* ■* . • • k ‘ •I-.;-,* - .•» . V .•. > « .•*, •. ••• •* % *• •• •. • •..'.; • i.: ■! .. ••.■ •• k ** \ t • •.• • •.i »’; .. • •> '*;•* .**5 # t* *•? A ^.» < .*• I.. . . • • V"4 I*.'} . .c • * * I.-N -/ Ir -•» • f*• . • • • •• • * .*■. • • *.» •- :'f * •tv. •!•* 1 ■n. • ^ '• *. ••;.•*••• -••‘J -.1 1% •!»• »f •# •_*s %t\: <. V. i i.i j_ niibUlvlsion, rrclininni'y SubcMvluloii*, l'in?l •i •9^ *Z* . •,.v.VA".':*/. A'-Av>-^5fit-A^V‘A;VA.VA;ViI.-;*. A•>V;VA■A*A'•.V•AnV;*•■A•A.•vV•A/^A^VvV/;;V;^V»•■A•A••/^,VvVyc’A•AAA•*V/^••«i^^V/^r/^iV*.V-*^•A ■jjON’ Vote:_5L _O-___Abutonclon r^^'* j ‘ *< • ’ •»•<;: 1A a., Jion t_y^u-jrt -r.flil*.DckJitoiLlfincQ_____I ^ ■-^-rM /f • »-S;*- ■'. • ■ K.';7n5Aa>£Ucm_flL^,jiia£_<j.dr.ia<J..2_'’/vi7t_tvs>BiJtn5.<i.cn?iC3J!olttt_noad J i '■;• ;■'! .A .lift’-■■?i_Jtel!flflrflBto..Ji.m»-dJiat<l<:g-Vflg- Vftrlnnca <:o nl1n»__ (OK! I i.n.cHpp..oU: i£j^iL«-jlLJti-ad>m0-and-d;li<O^ ft. adtUi-.toi> ■.^^a t^v.hpji!ig,.XiDlteJLJLbqr«tihij-M-la»..dUxe..5nd_<!xl.a tin(> houco epn- . n>iiM .i.iJgnt. hgth_-m j>^t- the Planning, Comminnlon no coimnaivlatlQii ni ____ r*- - ^\.J. r> to he 0:10 ntiory with a flnt roof._______ ________________ ^AM*9 9 •••M >••»a i ■> >» AA ••••• • • •. %»• A* « •••<• ^ • A ••m I #• A •• iW ''m ; i$il A* m ^ 9m •A* A* #•••*M '•••r •M*A«. #mi. - A ••••«»l *«••-•••I -## • «A^ A* • >A*•• •.• .• .• ^<t •• •vC;'|'••• Mi * ■.:'v ••'. .-si ;;.;;;;.. ;;;.;. .v; • v;V;.nVA*A-A*A'*i*rA-a'>VvV>vv. A-A//;vAA;VA^\ A•;/;/A;/;;AvV,v;f;r;.;r;.A\• ♦V »•■.'•?■ • 7.J 'i •» ■•••■;" V«V K- *. • -.4>: * . » ^4 • A • • ;)|A!'l !!.’l! I^A'IT ^■ov«.••j’l)^f‘r 13, JOnO , r.*r :u?l.:::tt t/'l of new Infon.viI. Ion (/*ppl ScnM.on ii»y bo c:ui«tdovc<l icruirilly vinidrrnoi If infm tiuJtIon or oxplni'.r-tlon 'r. not provided). •' ft.I* \uirb for v.ork to bop.(n _ _ fur v.-ork to be : ■;il i<M( It’ll (.'(ij.ijil vtod *• ' •' ;.■■?■< 1 I ^ /kb J.1' I!.; I •• < *'o { ri ‘ iw :• 13."Building Height" - The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppemost point on a round or other arch type roof, or the average height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height.135 V. — — • — —----------------------- +0 A3H •+ ID 30’ /fg^r K,x>r.«L a —'t- y* ^i*.r — ----%1.« (wrrtc vwma .) To Q‘!M4I0 -I* 30 * W C m**c »▼ A*««c acl^tL CtCvftTiON CHtflTH\A#C^T'^ 9M0. 9 pe/ 0£x^ l(^ '01^ ^kUi “ V* l-o' 7^ r ouiid»'o5 /»€•^^c^6n - <?3^ “ V«..^14 *^/1B \ Vft •I •%<•* SM LCrf etCV^T.ow fawTrtwfjT) Ha ftwn mmmm i/it 1 93) 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 L, (1^2407 LANE MOORE, Continued) 113^001/6"°^**^ Applicants were just requesting a variance to the side yard setback and not to th^from^*^* stated they will be removing an existing shed and share the driveway with the neighbor to Weinberger Indicated the size of the planter Is 88 square feet. There were no public comments. Stodd ».'d moved. Schroeder seconded, to approve Application #2407,3438 Livingston Avenue, the granting of a variance to the side yard setback requirements to allow construction ora 16 X 22 garage located three feet from the side lot line and to permit the 88 square foot planter currently existing on the property. VOTE: Ayes 6, Nays 0. 1 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE - VARIANCE, 9:58 p.mi -10:02 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Tuttle were present. Weinberger remarked the Applicants are proposing to construct a 12' x 24' shed to provide winter s ®rage for lawn furniture and other equipment. The property contains a wetland located at the back portion of the property which restricts the Applicants from building on that part of the lot. The house is constructed without a basement due to the high water level which leaves the residence without adequate storage on the property. Welnbe^er stated present hardcover in the 75*-250' lakeshore setback is 45.6 percent and this application proposes to increase hardcover to 46.4 percent. Staff n commends approval based on the existing hardship. There v/ere no public comments. Chair Smith Inquired why the Applicants didn't add on to the existing garage. Mrs. Tuttle Indicated they had the understanding they were prohibited from doing so. Stoddard moved, Hawn seconded, to approve Application #2409,1225 Shoreline Drive, granting of a variance to hardcover In the 75'-250' lakeshore setback to allow the construction of a 12' x 14' shed. VOTE: Ayes 6, Nays 0. peter BOYNTON. 1973 EAGERNESS POINT ROAD - VARIANCES, 10:03 p.m. -10:22 p.m. The Certincate of Mailing and Affidavit of Publication were noted. Mr. Boynton was present. Page 17 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2410 PETER BOYNTON. Continued) Van Zomeren stated the Applicants are requesting variances for street, hardcover and average laxeshore setback. A conditional use permit is also required because the Applicant is proposing to signincantly change the grade In the 0-75* setback, which was originally not requested by the Appliunt nor included in the legal notification. There ar$ multiple issues with this application that still need to be addressed before any recommendation can be made by City Staff. Boynton stated originally the house was built as a cottage back In 1920, has a hand dug basement, and needs to be torn down. The reouest for variances to setback are being sought because the house c^not be built without them. Boynton requested the Planning Commission give guidance on what hardcover and setbacks would be acceptable. b^*andled^*'^^^*^*^bouse was tom down and a new structure built, how would the application Van Zomeren stated if the house is reconstructed, the lot would be treated as a vacant lot and would need to meet all the requirements for that lot. Schroeder suggested the Applicant design a house that conforms to all the variances. Boynton staled in his opinion the land is unbuildable without variances. Stoddard stated he would like a footprint for the house that doesn't call for variances. Boynton commented he could possibly utilize the existing foundation, noting In 1978 an addition to founda^tfo^n'^^* constructed with a good foundation, which comprises approximately one-third of the Gaffron stated once a house is torn down, any grandfather rights are forfeited. lime questioned whether the Planning Commission could act on this application at the present Van Zomeren remarked typically the Planning Commission does not approve of grading in the 0-75* setback with no additional structure In the 0-75' setback. Chair Smith asked for public comment on this application. Cathy Lee, 1965 Fagemess Point Road, stated she was under the Impression the house has to be moved back, noting she would prefer the house on the existing footprint to keep the house in line with the rest of the houses on the road. x/an Zomeren commented Staff needs more information on the adjoining properties as well as a new survey which outlines the proposed structure and hardcover. h^rdwve^*^^^^^*^^ Applicant try to limit the house to 1,500 square feel and 25 percent total ^fo^the ?ake^^^*^*^*^^ pennisula and moving the house back would not affect drainage Lindquist moved, Smith seconded, to table Application #2410,1973 Fagemess Point Road, to allow Me Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. Page 18 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19.1998 (#2434 Carol Olson, Kid's Art School, continued) Van Zomeren commented to the Planning Commission that a $250 fee was charged for this application, because there is not a reduced fee schedule for conditional use permit amendments. St 'ddard recommended adding the condition that the City is not liable for the construction or use of th:. tipi since it may not be covered under the Cit/s Building Codes. Van Zomeren stated she will discuss the construction of the tipi with the building inspector. Hawn moved, Lindquist seconded, to approve Application #2434,2180 North Shore Drive, amending the conditional use permit permitting the erection of a tipi in the area designated per Staffs drawing, with the recommendation that the $250 fee be waived. Olson indicated she was fine with the motion. Van Zomeren stated the building permit is based on the value of the structure, and will discuss the fee with the building inspector. VOTE: Ayes 4, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#5) #2399 MURIEL SENN, 4448 NORTH SHORE DRIVE - VARIANCES, 6:40 p.m. • 6:41 p.m. The Applicant was not present. Van Zomeren stated the Applicant has indicated she will be revising her drawing plans and requested the matter be tabled. Staff will send out the appropriate letter to extend the 60 day time period. Hawn moved, Lindquist seconded, to table Application #2399,4448 North Shore Drive, per the Applicant's request. VOTE: Ayes 4, Nays 0. (#6) #2410 PETER BOYNTON, 1973 EAGERNESS POINT ROAD - VARIANCES, 6:42 p.m. -7:15 p.m. Peter Bo"'tr vzs p'o-feat. Van Zome(tt;i pve:»x;nted the Planning Commission with photographs of the existing structure. Van Zomeren stated this application was before the Planning Commission in August w/here it was tabled to allow the Applicant time to submit revised plans. The Applicant is now proposing to build a new house and garage in the same location as the existing house and garage. The building inspector has reviewed the property and has determined that the structure is not structurally suitable for repair and remodeling. Van Zomeren commented the property is located In the LR-1C district, which has a minimum lot size of one>half acre, and is comprised of .237 acres. The Applicant is requesting a variance to the lakeshore setback, a variance to the average lakeshore setback, a side yard variance to locate the garage five feel from the west properly line, a variance to the street yard setback, variances to Page 2 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19.1998 (#2410 Peter Boynton, continued) hardcover In the 0*75* setback and 75>250' setback, a variance to the structural lot coverage, and a height variance. A conditional use pennit is also required to allow for any grading In the 0-75' setback. Van Zomeren stated the proposed hardcover in the 0>78' setback is 1,054 square feet or 17.9 percent where 1,258 square feet is currently existing. The revised plan is also proposing hardcover of 29.64 percent where 32.9 percent is currently existing. This application should be treated as a complete tear down and should meet all required code provisions. Van Zomeren noted the Applicant was advised at the previous meeting to limit structural coverage to 1,500 square feet and to minimize the need for setback variances, which the proposed plan does not comply with. Chair Smith inquired whether the new plan Is proposing to go up with the new structure. Van Zomeren replied the proposed structure does exceed the standard height requirements. Boynton stated they are attempting to design something that will fit over the old building pad. Boynton commented the existing foundation is not suitable and the house is deteriorating. Boynton's builder stated the street is lower than the existing residence. Schroeder inquired when the property was purchased. Boynton stated they purchased the property three years ago with the intention of remodeling the existing structure. Van Zomeren stated the Applicant has discussed the height of the proposed structure with Staff which requires a variance to the height requirement. Boynton stated the proposed structure is 30 feet higher than the road without the ten feet credit for the elevation of the street. Lindquist stated he does not have a problem with the height of the structure, but noted the proposed structure should comply with the structural coverage limit. Boynton stated they are attempting to utilize the same building pad because a neighbor had expressed concerns about the house being located further back. Chair Smith inquired whether there were any public comments concerning this application. Boynton commented they are attempting to comply with the requirements as much as possible. Chair Smith stated some variances will be needed, noting the structure could be constructed to lessen some of the vanances. Tom Mortenson, 1971 Fagerness Point Road, stated he has spoken with Mr. Boynton about the proposed structure. Mortenson commented he has a problem with the height of the structure, noting the Applicant is proposing to construct a 40 foot wall six feet from the lot line which will block his view considerably. Page 3 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19.1998 (#2410 Peter Boynton, continued) Van Zomeren stated the elevation height at the peak of the house is 985 feet. Boynton remarked if the house is built further back, it will require more excavation. « Chair Smith commented if the structure is moved back, it will eliminate some of the variances for the setbacks. Mortenson stated if the house Is moved further back, he will not have a problem with the height of the structure. Kathy Lee. neighbor, stated she is not opposed to moving the structure further back. Van Zomeren commented she was unsure whether the present garage foundation was adequate to build on. Boynton stated he is agreeable to moving the structure back. Hawn stated she would not be in favor of granting a variance to the structural coverage. Lindquist commented the height and structural coverage of the building need to be addressed further. Stoddard stated he was In agreement that the structural coverage and height of the building should be addressed. Chair Smith recommended tabling the application to allow the Applicant time to submit revised plans. Schroeder stated structural coverage should be limited to the allowable limit. Lindquist moved, Hawn seconded, to table Application #2410,1973 Fagerness Point Road, to allow the Applicant time to submit revised plans. VOTE: Ayes 5, Nays 0. Hawn thanked the adjoining property owners for attending tonight's meeting and giving their Input on this application. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS . (#8) #2425 REBERS CONSTRUCTION, 2190 WEST WAYZATA BOULEVARD - SUBDIVISION RENEWAL, 7:17 p.m. - 7:40 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Sidney Rebers was present Gaffron stated this application is for renewal of approval granted in 1997 for the conversion of Cutlot E, Sugar Woods, be converted to buildable lot status to enable commercial development of the property. This property was originally platted and approved In 1989, which allowed the Rebers to postpone dedication of a specific service road comdor through Outlot F until Outlot F was further Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16.1998 3 (#2399 Muriel Senn, continued) Smith suggested the application be tabled to allow the Applicant time to submit a revised plan. McMillan noted that most of the residence lies within the 75-250' setback and hardcover can only be reduced by a slight amount. McMillan stated the overall structural coverage is more important In her opinion. Van Zomeren stated the Applicant needs to stay 10 feet from the lot line Stoddard inquired whether the Applicant had considered building up on the existing residence. Senn stated she would like to have a larger garage. Senn remarked she has had the architect took at this proposal three different times, the surveyor twice, and they were of the opinion that this new plan was feasible for this property. Chair Smith indicated that the Planning Commission has tried to provide further direction for the Applicant. Schroeder stated the Planning Commission couid vote on this application tonight so it could proceed on to the City Council who would then make the Tinal decision. Senn stated she would like the application to move forward without jeopardizing her application. Senn indicated she would like the application to go to the City Council. Lindquist moved, Smith seconded, to deny Application #2399,4448 North Shore Drive, as submitted, based upon the existing excessive hardcover in the 75*-250* setback as well as the proposed increase to the structural coverage above 15 percent. VOTE: Ayes 7, Nays 0. (#4) #2410 PETER BOYNTON, 1973 EAGERNESS POINT ROAD, VARIANCES AND CONDITIONAL USE PERMIT. 8:07 p.m. • 8:09 p.m. Peter Boynton was not present. Chair Smith recommended this application be tabled. Van Zomeren stated the requested information has not been submitted, and a letter has been sent to the Applicant requesting that he waive the 60/120 day review period. There were no public comments. Hawn moved, McMillan seconded, to table Application #2410,1973 Fagerness Point Road, to allow the Applicant time to submit the required information, and to waive the 60/120 day review period. VOTE: Ayes 7, Nays 0. (#5) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE, VARIANCES AND CONDITIONAL USE PERMIT, 8:09 p.m. - 8:28 p.m. Paul Hanssen was present. Page 8 : I Date of Application: 12/16/98 Date Complete:12/16/98 120 day limit:4/16/99 T0: Chair Smith and Orono Planning Commissioners Ron Moorse, City Administrator FROM: DATE: RE: Liz Van Zomeren, City Planner/ Zoning Administrator January 13,1998 #2449 Mike Hilbelink and John Vogt, having an interest in 3020 Watertown Road Class III Preliminary Plat Subdivision L. Exhibits: X A B B2-3 Cl C2 D E F Back lot/front lot standards Application Plat map Property Owner’s list Reduced copy of survey Enlarged proposed subdivision Crystal Creek plat Watershed District's letter City Engineer’s letter G Septic Report H1 -3 Mike Gaffron’s sketches I Winston’s letter CRYSTAL CREEK packet SKETCH PLAN packet Zoning District:RR-IB One Family Rural Residential District (2 acres) Comprehensive Plan:Rural Service/Rural Residential District Lot Area:11.94 acres total, 10.1 dry acres 42449 Hilbelink/Vogt 3020 Watertown Road PC-1/19/99 page-1 Date of Application: 12/16/98 Date Complete: 12/16/98 120 day limit: 4/16/99 Proposed Lots: Lot Total acreage Total dry acreage Loti 3.49 acres 3.30 acres Lot 2 3.73 acres 2.9 acres Lot 3 3.51 acres 2.96 acres Outlot A 1 acre 1 acre Outlot B .21 acres .21 acres Application: The applicants are proposing to subdivide an 11.94 acre parcel into three lots and two Outlots. Lot 3 would contain the existing residence and accessory structures. Access for Lot 3 would continue to be provided off of Watertown Road. The two new lots, Lot 1 and Lot 2 would be served by OutlotB which would be next to the private road in the Crystal Creek subdivision. OutlotAwould be combined with an adjacent property owner's lot that has access from Wear Lane. RR-IB Standards Lot Area Lot Width Front Yard Rear Yard Side Yard Side Yard Adjacent to Street 2 acres dry buildable 200'50'50'30'50' U2449 Hilbelink/Vogt 3020 Watertown Road PC-’I/l9/99 page--2 Date of Application: 12/16/98 Date Complete:12/16/98 120 dcry limit:4/16/99 Bac.; Lot Standards Lot Area Lot Width Front Yard Rear Yard Side Yard Side Yard Adjacent to Street 3 acres 200'75'75*45*75* The pronosed subdivision is located in the RRl-B zoning district. The minimum lot area for the zoning district is 2 acres. Backlots require a minimum of 3 acres. Both of the two new lots are defmed as back lots because they are proposed to have access from a private road via an outlot. The two new lots would be required to meet the above back lot standards which are 150% of the requirements for the RR-IB district for lot area, front, rear and side yards. The subdivision ordinance sates that front/back lot subdivisions shall adhere to the following standards: a.Front/back lot divisions may be used when existing property dimensions are narrow and deep, such that lot widA does not allow for a side-by-side lot split, but acreage is adequate to provide a front lot and back lot without requiring an area variance when the area of the outlot access corridor is excluded. b.Front/back lot divisions may be used for individual lot splits, but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer rather than supported by unique site factors. Accessory Structures Lot 3 would be platted to have the existing five accessory buildings. The maximum total square footage for a 3.51 acre lot is 3,200 sq. ft. The five accessory structures total 3,208 square feet of lot coverage as calculated by staff. The actual total structural coverage of the accessory structures needs to be verified. If the lot coverage exceeds 3,200 sq. ft., either one of the buildings neeo ' to be removed to meet the requirement or a variance will be needed. One building measures approximately 32’ x 44' (1,408 sq. ft.), and is considered an oversized accessory structure. Oversized accessory structures are subject to setback requirements that are required to be filed in a covenant in the chain of title. The plat as proposed would comply with the U2449 Hilbelink/Vogt 3020 iVatertown Road PC-1/19/99 page-3 Date of Application: 12/16/98 Date Complete: 12/16/98 120 day limit: 4/16/99 30' setback requirement for an oversized accessory structure. Hbtorical Building The April 1997 inventory from the Minnesota State Historical Office notes a bam at 3020 Watertown Road listed as HE-ORC-029 in the standing stmcture inventory. Staff is trying to obtain more information about which structure this may be and its significance, if any. Septic Systems Steve Weekman has evaluated the propsed septic locations. His report is in Exhibit G. In the report he notes that the location of a stormwater pond in Crystal Creek results in a septic site for Lot 3 on Watertown Road being located only 58 feet from the pond where 75 feet is required. A variance for the location of the drainfield will be required. Park Dedication Fee The Park Commission has reviewed this proposed subdivision and has recommended accepting a park dedication fee in lieu of land. The Hennepin County Assessor has been asked to review the proposal and determine the fair market value of the undeveloped land. Engineering Issues The City Engineer has provided a letter addressing several engineering issues such as access, stormwater management, grading and drainage. [The City Engineer's letter is contained in Exhibit F]. Private Driveway The applicants are proposing a private driveway in Outlot B to serve the two new lots. Lots 1 and 2 from the Crystal Creek Road cul-de-sac. Crystal Creek Road is a private road. The Crystal Creek homeowner’s association would need to provide permission to have private driveway access from the cul-de-sac. If the homeowner’s association does not allow permission for access, the subdividers would need to redesign the plat oi request that the City open Crystal Creek Road as a public street. The City generally discourages taking private roads for public purposes. Because the Crystal Creek subdivision is not fully developed, the road may require considerable repair and maintenance. U2449 Hilbelink/Vogt 3020 IVatertown Road PC^l/l9/99 page—4 DateofAf plication: 12/16/98 Date Com^ ■ !ete: 12/16/98 120 day limit: 4/16/99 If the Homeowner's Association does not allow access and the City does declines opening Crystal Creek Road as a public street, the subdivider would need to redesign the plat to have access from Watertown Road. Generally, the City does not want to encourage more streets or curb cuts from an arterial road. Because of the topography, wetland location and narrow width of the parcel relative to its depth, alternate access may be difficult to achieve at this time without filling wetlands. Dedication of Right-of-way Access to Lot 3 is off of Watertown Road. The south 33' of the lot should be dedicated as right-of- way on the final plat. Road Length and Number of Residential Units The Cit> 's subdivision ordinance limits the length of a cul-de-sac to 1,000 feet and the number of units to be served at 10. Crystal Creek Road was built with a temporary cul-de-sac to serve 11 properties at a length of 1,400 feet. Access to Lot 7, the lot north of the proposed outlot B, has a 15' driveway easement over Lot 6 which was expected to be temporary until a road extension was built to tlie east from Crystal Creek Road. (See the Crystal Creek packet attached to this report). Cul-de-sacs The subdivision ordinance states that cul-de-sacs shall be discouraged. (Section 11.32, Subd. 2, B. 6). Proposed roadways shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions or unless int he opinion of the City such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of future tracts. Construction of Roads The subdivision ordinance states that the arrangement of streets shall provide for continuation of streets between adjacent properties when such continuation is necessary for convenient moveme .it of traffic, effective fire protection, for efficient provision of utilities and wher such continuatio.i is in accordance with the Comprehensive Plan. If the adjacent property is undeveloped and the street must a dead-end street temporarily, the right-of-way shall be extended to the property line. The City may limit the length of temporary dead-end streets in accordance with the design standards. It was anticipated that Crystal Creek Road would eventually be connected to Wear Lane, according H2449 Hilbelink/Vogt 3020 Watertown Road PC-1/19/99 page-5 Date of Application: 12/! 6/98 Date Complete: 12/16/98 120 day limit: 4/16/99 to a recent discussion with Jeanne Mabusth, former Zoning Administrator/Building Official. (See Crystal Creek packet for staff reports and resolutions). Senior Plaiming Coordinator, Mike Gaffion, has prepared sketches in Exhibit HI-113 that show sJtemate access for the proposed lots. Stormwater Management The City Engineer has noted that a street in Outlot B would drain to the storm sewer and pond in the Crystal Creek subdivision. Additional storm sewer and ponding capacity may be required for this subdivision. The Watershed District has provided a letter in Exhibit E that indicates that a stormwater permit will be required to address the rate control and best management practices. Buffer zones will 1m required around the wetlands. Grading The City Engineer has noted that the location of the proposed septic sites relative to the existing wetland on the north end of Lot 1 may make a driveway connection to serve the property difficult without filling the wetland. Driveway locations and elevations should be provided along with a grading and erosion control plan. Drainage The City Engineer recommends that a water quality pond be constructed north of the wetland to treat runoff from the site to protect the wetland. The City ’s plan also identifies a proposed 18" storm sewer conveying flows from the northeast to this pond/wetland area. The applicants shall provide a drainage easement for future construction of the storm sewer. A drainage area map, drainage and ponding calculations should be submitted. U2449 Hilbelink/Vogt 3020 Watertown Road PC-l/19/99 page-6 Date of Application: 1 2/1 6/98 Date Complete: 12/16/98 120 day limit: 4/16/99 STAFF RECOMMENDATION There are multiple issues with this application, particularly access to the proposed two lots off of Crystal Creek Road. The Crystal Creek Homeowner’s Association has been contacted and staff is waiting for their input. Mr. Winston, an adjacent property owner, shares his views in a letter in Exhibit I. The Planning Conunission needs to discuss the following issues: 1 .Whether to accept platting of backlots given the width of the parcel, wetlands, topography, and access 2.The proposed access to the backlots via a private driveway from a cul-de-sac on a private road Staff finds that the proposed preliminary plat does not meet the subdivision requirements for access and recommends that a SO' corridor be platted across the northern end of the parcel and that the temporary cul-de-sac in Crystal Creek be eliminated and a new temporary cul-de-sac be created to serve the pro[>osed two new lots. Lot 7 in Crystal Creek , and the Outlot owned by ICingsbridge Properties. »2449 Hilbelink'yogt 3020 Watertown Road PC-1/19/99 page-7 t •• OBDINANCBNO. _i«_, SECOND SEPJES •-cwsss:\ ^?H^®NOT XT?tmUCORPKIVATEROAD the city council OF ORONO ORDAINS AS FOLLOWS: , -r • rc^Af SecdoQ 10.02 and Municipal Subdivision SECTION 1..by adding to foUowing dcfiniuona: CodeSccdoa U.03. Subd.v..on2 ara f*"Lot-Bac!c" - A lot X, a naifcw cotridot. Such a sepatatcd \ rofuVoSfdo“tor^f-j"w^^ I an "casstnent back lot . ■Lot-Ftont" - A lot abutting a public ot private toad, across which platted tot access to a back lot. section 2. Municipal Zoning Code Section 10.03 is atnendeo by addut, subdivision 27 which sbaU tend as foUows. sss-^ssrs:ts'.=w*.* 5 of to Otono Subdivision Code: A. Dimensional standards tot back lots shall be as follows 1.Lot area shall be 150% of the aoning district tequuement. 4 _m t a mm A 2.street yard setback line of a lalcesnorc setback line of a nonlakeshore back lot. misras...... “*•“ line, and at the street yard setback Ime. 1 3 The depth of the required street yard or front yard shall be 15055 •of the zoning district front yard requirement. 4. district lakeshore yard requirements B.DimensioMl standards for front lots. A front lot created as of a "it lot division shaU meet »U -n^g d.«ct -- h I. «,nSa.r^^xceDrtliat tte required side yard of the front lot ad^Sntr^ess oudot shad be equivalent to the side street yard requirement for that zoning district. C.Access requirements. 1.Access ouUots shaU be 30’ minimum width, and sh^ enough to accommodate drainage, snow removal and screemng without encroaching on neighboring properties. In approving frontAjack lot divisions, the City may requw that J. * Driveways within a back lot shaU be located at least 10 ’ from the side or rear lot lines of adjacent lots. 4. * No more than two residences may be served by a driveway located within an access outlet. 5.No access outlot may be platted abuning an adjacent Ucept when the intent is to combine the two access outlots for creation of a public or private road meeting City stan D.Screening requirements. 1.Driveways constructed in access ^ yard of adjacent lots. 'i -• Ti,. .«« vaid of the back lot shaU be adequately scteewd by at the disetedoQ of the Ciqr, so as to eS» lnS” vehicle headHghts into die side or rear yards of adjacent lots. E. requireoients:OlCUkS. ..rmcmres within a back lot shall be aUowed no closer fhtt'in' to a neighboring property's side or tear yard. 2 shall not be allowed within the required street which abuts the street yard or a back lot. NO accessory structure shall be aUowed within an access oudot. ^ M m ^ V__ ^ •K* • • «i cnAf^ S«c*»on 11.31. Subdkviaion 5 is herebySECTION 3. Orono Municipal Code Sec-on ii.j , deleted and the following language subsdtuted in ns place: ( aHU Ulw s-----w 1.««.•” “• ■“ _ j t^rc sl* A.Double fronage lots. Double frontage avoided except where necess^ to p specific disadvantages development from traffic aitenals or to overcome spec of topography and orientation. B.Access from any ^nal driveway access tornaccess e.xclusively from anattenaltoadwa> .^ r anv arterial roadway may be ■‘““'“y for drive Council may require that such lots be Jladway. Where possible, in order to limit possible traffic harsrd on vehicles driveways shall be designed and arranged s to back into traffic on any ancrial roadway. C. private toad. Such oudot shall not be jibU adhere to eSier the back or front lots. Ftontfiiack lot subdivmons snan the following standards: cm or OKONO isi oi^4rou>iu lu/ iH/yo uu.jj !_/• . IS// ii I.• • • • # ! C^TV of ORONQ - SUBDIVISION APPLICATION Applicatton #_ Date ReceWed _ Amount Paid V2 jg£g 3^ ii/jv/f. jrC(T A I’ROPERTYl^cU'nON . , <5 >isifetadteM! 3o^o (yCMre/^TSc^A/ nb . 0/?<s>io . -wt. t_— rr.TxT> ■ ^ _ " . rJ ' ~T7----------------PiopcityIdytificatlonNumberffIDV oo^ Pleose chee^ one - Plropexty Abstract or torrens? Attdcb legal( description to application. APPLICANT Name ^OoHrJ Yoor at\/o Zl/l/Ka Address. | City +CJ^ an n /7)a/ ■Phone (home) ^ 76 ~7 ZinS'jys Phone (work) OWNER (if diffcrdn^an applicant) Name Address ‘ \LAJAre^ City Vi Ci^/fyir^/TOaJ (attach lirt if more than one) »y ^ IMC./A ^i'O Phone (home) V]??- S‘7S jS^ ZipSS35'V Phone(woric) S*?3''77fA.Lucfy j EXISTiNG LANDjuSE Number of Tax Parcels Developmeijt Size j.W" • ^ I Fteiem use ^checio j Present i^n|Dg District I PROPOSAL / <ocf IL X Acres Diy Land Acres Wet Land Acres Total, all parcels ResidentiM; no. of units Other (specify)_____ / 2^ i IXvision for Tax Pinposes i Lot Line Rearrangement Only (no new bundling sites) Subdivision for New Building Sites Number of Building Sites Existing Units NewUnItt Total Units rrf/-v •' Proposed 0^ss Density Miitimum Lot Size Proposed Un (check) Sb Units per /«^ Acres ^ AC^ Sq. Ft. Dry Buildable Land>L/^ 'Tk Residential ______ Other (specify) RUN DATE 12/M/98 HENNEPIN COUNTY PROPERTY INFORNATXON SYSTEM PROPERTY OWNERS LIST REPORT NO. PX4SM01 PAOE 11 BATCH SRS PROP AODR OWNER NAME TAXPAYER NANE/AODR PROP ADOR OWNER NAME TAXPAYER NANE/ADOR PROP AOOR OWNER NAME TAXPAYER NAME/ADOR PROP ADDR OWNER NAME TAXPAYER NANE/AODR PROP ADDR OWNER NAME TAXPAYER NANE/AODR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 58 M-117-E5 21 8081 8298S WATERTOWN RD TOIL BAURLE / THOMAS D I LOUANN BAURLE 2965 WATERTOWN RO LONO LAKE MN 55S56 SO 84-117-25 21 8818 82995 WATERTOWN RD OEOROAYN C KRAMER OEOROAYN C KRAMER ' 2998 SOMERSET LA LONG LAKE NN 5555( 58 84-117-25 21 8816 80850 ADDRESS UNASSXONEO OLD CRYSTAL BAY RO ASSOC ROBERT HARE / 1688 LONG LAKE BLVD ORONO NN 55556 58 84-117-25 22 8816 88868 CY6MET PL DIM CURRIER JR ' DONALD t HAROARET CURRXER JR 68 CYGNET PLACE LONG LAKE NN 55556 50 84-117-25 22 8824 88828 CYGNET PL H J 0 N N PANUSKA ' HAROLD J/HARGARET H PANUSKA 28 CYGNET PL LONG LAKE NN 55556 58 84-117-25 22 8820 85845 WATERTOWN RD BRUCE C 0 KATHRYN S HALL/ BRUCE C 0 KATHRYN S HALL 5845 WATERTOWN RO ORONO HN 55556 SO 84-117-25 22 8858 85815 WATERTOWN RO GEOROAVN C KRAMER , OEOROAYN C KRAMER ' 2998 SOMERSET LA LONG LAKE MN 55556 58 84-117-25 22 8852 8588S WATERTOWN RD S J ULSETN ODD ULSETH STEVEN J ULSETH . 5865 WATERTOWN RD ' LONG LAKE HN 55556 SO 84-117-25 22 8854 88850 ADDRESS UNASSXGNED S J ULSETH ODD ULSETN f STEVEN J ULSETN 5805 WATERTOWN RO LONG LAKE NN 55556 50 55-110-25 51 8887 88225 OLD CRYSTAL BAY RO N S K OOLOSMXTN OLD SCHWXE . S K GOLDSMITH OLD SCHWXE ' 265 OLD CRYSTAL BAY RD N LONG LAKE MN 55556 58 55-118-25 51 8811 88265 OLD CRYSTAL BAY RD N S K GOLDSMITH OLD SCHWXE SCOTT K GOLDSMITH ^ 265 OLD CRYSTAL DAY RD N LONO LAKE MN 55556 58 55-118-25 52 8885 88105 CRYSTAL CREEK RD CRYSTAL CREEK LAND LLC CRYSTAL CREEK LAND LLC / 681 CARLSON PKWY 0288 MINNETONKA NN 55585 50 55-118-25 52 8084 88195 CRYSTAL CREEK RD CRYSTAL CREEK LAND LLC CRYSTAL CREEK LAND LLC 681 CARLSON PKWY 8288 MINNETONKA MN 55585 58 55-110-25 52 8885 Al^nCtU’ISflls] 80050 ADDRESS PENDING j K1N6SBRX0GE PROPERTIES INC ' KINGSBRXOGE PROPERTIES INC 5125 FOX ST LONG LAKE HN 55556 58 55-110-^5 55 8881 85828 WATERTOWN RD R H STUBBS ET AL W/L EST RENA H STUBBS 5828 WATERTOWN RO LONG LAKE MN 55556 58 55-118-25 55 8886 88175 CRYSTAL CREEK RD CRYSTAL CREEK LAND LLC CRYSTAL CREEK LAND LLC . 681 CARLSON PKWY 0288 ' MINNETONKA MN 55505 58 55-110-25 55 0887 88828 CRYSTAL CREEK RD CRYSTAL CREEK LAND LLC CRYSTAL CREEK LAND LLC / 681 CARLSON PKWY 0288 MINNETONKA NN 55585 58 55-110-25 55 0880 88868 CRYSTAL CREEK RO CRYSTAL CREEK LAND LLC CRYSTAL CREEK LAND LLC / ‘681 CARLSON PKWY R288 MINNETONKA MN 55585 2|it- m •. i*'"; *''X ir .•) w m RUN DATE 12/14/96 HENNEPIN COUNTY PROPERTY XNFORHATION SYSTEN PROPERTY OHNERS LIST REPORT NO. PX4SM91 PAGE 12 DATCH 505 PROP AOOR ONNER NAHE TAXPAYER NAHE/AOOR 36 '33-116-23 33 OOif 00100 CRYSTAL CREEX RD CRYSTAL CREEK LAND LLC CRYSTAL CREEK LAND LLC 601 CARLSON PKITY 6200 HXNNETONKA NN 55305 36 33-116-23 33 0016 00160 CRYSTAL CREEK RO CRYSTAL CREEK LAND LLC CRYSTAL CREEK LAND LLC 601 CARLSON PKNY 6206 NXNNETONKA HN 55305 36 33-116-23 33 0011 00170 CRYSTAL CREEK RO PILLAR NONES INC PILLAR HONES INC 620 UPLAND LA N PLYNOUTH HN 55667 PROP ADDR ONNER NAHE TAXPAYER NANE/AODR 36 33-116-23 33 0012 00036 ADDRESS. PEHDIN6 CRYSTAL CREEK HONEONNERS CRYSTAL CREEK HONEONWERS 1602 NOODDALE DR HOOD6URY HN 55125 36 33-116-23 36 6001 00165 OLD CRYSTAL BAY RO N L S STUBBS ETAL LYDON SHERNOOD STUBBS 165 OLD CRYSTAL BAY RD N LONG LAKE HN 55356 36 33-116-23 36 0005 00065 NEAR U N H P I 0 H SIEVERT NXCHAEL P I GAYLE N SIEVERT 65 NEAR U N LONG LAKE HN 55356 PROP ADDR ONNER NAHE TAXPAYER NANE/AiiOR 36 33-116-23 36 0006 00055 NEAR LA N DIANA J GROSS DIANA J GROSS 55 NEAR LAN LONG LAKE HN 55356 36 33-116-23 36 0013 00155 NEAR LA N J 6 NINSTON i C R NERSAL J D NINSTON ICR NERSAL 155 NEAR LA N LONG LAKE HN 55356 TOTAL BATCH B05 00026 inf-i HllxiU tKuh U Skve. toV^lJMr 2fo I CERTIFY THAT THE FACTS REFRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOMLEDOE AND BELIEF. DATE • i c/ ^0 UK jai o I ! \ • • • • ! I I PRCLIMNARY •I PLAT i; i PROPOSED SUeOiVSiON liOR •MIkE HILBELINK; ' THE SW ,1/4 pP SECTION; i3-118-23 ' HENNEm COUNTY. MNNESOTA '■rolling MEADOWS!-ROLLINd MEADOWS SECOND ADDITION I Hi50! ‘100 ! SCALE • fN FF.ET •ly K t L ET L 0 C K fT'-i ••; kU* / ViV • ->i ' ., j • I t,•·ri!J �f •;: .. I •J ••: •• ''J ..J c:• ,-w : .:c. r· Cl ' "',I!•1·f I•1'·I>• I•( • � 1,11 ;t -.,,. II 1 ,, ., i. !' I f f I • I I-t ' �io V)-�o () )> r ,,, ----� ... -.... .··-· ... �� Tf '-111...-.. . �·1 ·rJ�· '·• ·. . .. .. .I .. • • -... !J .. • •. . . . .... . . .. . . .." C en OUTLOT 0 -< )> !\I f' ·-------.. /. �'®,,f; 0 n u II I.I;I/ 11 /II /•----,,,...L -, -()' I I . t--) �/. :D� / ----',,,. I R I I I I I • I I I I . . . .. . . ' .. -.. ......... ·- -··..... -· .. . . . I . ••• ·•• o41 • • • ••••--• .... •---• •- • I • • . ··-··-...... . ..... ----· .. - • • I f ^ • • mr*. ‘S > •. • m* L Gray Freshwater Center Hwys. 15 & 13, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone:(612)471-0590 (612)471-0682 Emal: adminO minnehahacreek.org Web Site: www.nyrmehahacreek.org Board ol Managers Pamela G.Blixt James Calkins Lancs Fisher Monica Gross Thomas W.LaBounty Thomas Maple, Jr. Ma'coiw R»'d 0PiMtdoniwyci^dptptr «ltait30%pa« Minnehaha Creek -1 y Watershed District £ Improving Quality ofWater, QuaUty of Life December 30,1998 Elizabeth Van Zommeren City of Orono P.O. Bo.x 66 Crystal Bay, MN 55323-0066 1 ' RE: Review of Proposed Projects Dear Ms. Van Zommeren: he!rl^ac • V pfoposed projects in Orono which will be on public from th! ®^****®* projects will need pemitsfrom the Minnehaha Creek Watershed District. The following comments apply- wflloddai^^^ There appears to be no wetland 0C►V^m)^or floodplam impacts. If the project involves grading of more than 5,000 square feet ------- Hn croston control permit will be required. BMFs VOCrT/K ^ s. Buffer zones will be required around all wetlands. The width of those „ buffers will oepend on the surface area of the wetland. If any filling, draining or activity*”* ** planned within the wetland boundary a permit will be required for that 3.#2447: Fillmgor^adingbelowelevation931.5willrequireanoodplainalteration perm.!. A c«a^ fin sumn«o-would be needed to delannina whether or A storage zone will result from the planned activity. f/450: This project will be required to provide BMP’s for stormwater management. als^Wreq ” 5,000 square feet is involved an erosion control permit will fiirther q^^opportunity to comment. Please call me at 471-6282 if you have Sincerely, District Technician I C:\FILESVommeiitj'Orono_liJ098.doc mm Bonestroo Rosene Anderlik & Associates Bonestroo. Rosene. Andertik snd Associates, fnc. is sn Afhrmouve Action. £qu.*i Opportunity impioyer Princtpsis: Otto G, Bonestroo. P£. • Joseph C. Anderlik. PE. • Marvin L Sorvaia. RE • Richard E. Turner. PE. • Glenn R. Cook. PE. • Rotert G Schunicht. PE. • Jerry A Bourdon. PE. • Robert W. Rose.ne. P.E. and Susan M. EOcrlin. C PA.. Senior Consultants Associate Principefs: Howard A. Sanford. PE • Keith A. Gordon. PE • Robert R. Pfefferfe. PE. • Richard W Foster. PE. • David O Loskota. PE • Robert C Russek. A.I.A. • Mark A. Hanson. PE. • Michael T. Rautmann. PE. • Ted K.Fleld. PE • Kenneth P Anderson. RE. • Mark R Rolfs. PE • Sidiiey P. Wiliiamsoa PX. LS. • Robert F. Kotsmith • Agnes M Ring • Michael P Rau. PE. • Allan Rick Schmidt. PE. Offices St Paul. Rochesifr. Willmar and St Cloud. MN • Milwaukee. Wl WeOsite: wwwisonestroo com Engineers & Architects December 30,1998 Elizabeth VanZomcren .................■ City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re:Mike Hilbelink Subdivision File No. 139-2449 Dear Liz: We have reviewed the preliminary plat for the proposed three-lot Hilbelink subdivision. The site is located east of Crystal Creek Road, west of Wear Lane and north of Watertown Road in the southwest quarter of Section 33. Wc have the following comments in regards to engineering matters. 1.Access: Access to Lot 3 is off of Watertown Road. The southerly 33 feet of Lot 3 should be dedicated as Watertown Road right-of-way. Access to Lots 1 and 2 is proposed to be off of Outlot B, an extension of Outlot A in the Crystal Creek subdivision. Crystal Creek Road is constructed within Outlot A and currently serves 11 properties in the Crystal Creek subdivision. A twelfth property (Lot 7, Block 1, Crystal Creek) is land locked and currently has no access. Crystal Creek Road is a private street that terminates in a cul-de-sac at the cast end of Outlot A near the northwest comer of the Hilbelink property. A storm sewer in the cul-de-sac conveys storm water to a pond west of the cul-de-sac in the Crystal Creek subdivision. The proposed extension of Ciystal Creek Road onto Outlot B presents the following concerns: •The existing and proposed lengths of the cul-de-sac, 1400 ’ and 1580' respectively, exceed the 1000-foot n. jcimum length of a cul-de-sac allowed by City code. •If Crystal Cr: ?k Road is extended, the roadway would serve fourteen properties. The maximum number of units serv^ by a cul-de-sac as defined by City code is ten. •Crystal Creek Road is a private street owned and maintained by the Crystal Creek properly owners. Use of the road by Lots 1 and 2 in the Hilbelink subdivision would require approval from the Crystal Creek property owners. •Access from the south .o Outlot B in the Crystal Creek subdivision would be severed by the creation of Outlot A in the Hilbelink subdivision. •Storm water runoff from a street constructed on Outlot B would drain to the existing storm sewer and pond in Crystal Creek. Additional storm sewer and ponding capacity may be necessary to accommodate flows from the Hilbelink property. •The termination of Outlot B as shown on the plan would make any future connection to streets east of the Hilbelink property difficult or impossible. Wc would anticipate that an extension of Outlot B to the cast would connect to an extended Wear Lane. 2.Grading: The location of the proposed septic sites relative to the existing wetland on the north end of Lo» 1 may make driveway construction to serve the property difficult or impossible without filling some of the wetland. Proposed driveway locations and elevations should be included in the plans. A grading and erosion control plan for the entire site should be submitted for review. Erosion control measures should be in place prior to any ^ uling. Additional erosion copirol will be needed during consu^clion of the homes and septic systems'. 3.Drainage: The site lies within the Lake Classen drainage disuict as shown in the draft version of the City s Surface Water Management Plan (SWMP). The southerly wetland on the property is identified as LC-P15 and classified as a moderately susceptible wetland in the City’s SWMP. We recommend constructing a water quality pond north of this wetland to treat runoff from the site and protect the wetland. The City’s SWMP also identifies a proposed 18" storm sewer conveying flows from the northeast to this pond/wctland area. We recommend that a drainage easement be acquired at this time for future construction of this storm sewer. A drainage area map. drainage and f 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 ■ Fax: 612-636-1311 ponding calculations should be submitted fcv review. Plans should be submitted to the Minnehaha Creek Watershed District for their review. 4.Easements: Drainage and utility easements should be provided 5 feet wide along all interior lot lines and 10 feet wide along the roadway right-of -ways. Drainage easements should be provided across ponding areas, wetlands and drainage wa3rs. 5.Financial Gnarantec: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTRCX), ROSENE, ANDERUK & ASSOCIATES. INC. Tom Kellogg Cc: Greg Gappa, City of Orono TO:Liz Van Zomeren, City Pknner/Zoning Administrator FROM:Stephen Weckman, On-Site Systems Manager DATE:December 30,1998 SUBJECT:Septic Review for Application #2449, Rena Stubb Property - Subdivision The proposed three lot subdivision requires the use of on-site sewage treatment ‘•ystems. Site evaluation/desigr has been completed for primary and alternate drainfield sites on each lot. All proposed septic systems meet City and State standards. A stormwater pond just recently constructed for the Crystal Creek subdivision is directly adjacent to the Stubb property has a small impact on this subdivision. Due to the pond location 20 feet from the Stubb property one proposed drainfield site on lot 3 will be 58 feet from this pond. Normally we would ask for a 75 foot setback to the proposed drainfield site, but since the pond limits the use of this property a slight variance is appropriate. Also, the existing grade does not drain surface water directly from the proposed septic system to this pond and ultimately the septic system wiU not effect the pond. Based on the above information, staff recommends approval of the application on the condition that a drainage plan is submitted which addresses the aforementioned concerns. The city requires the drainfield sites to be fenced off prior to any grading or land alteration. i 12/15/1998 14:07 473-4435 COFFIN S GROt^BERG PAGE 02 .*'M:*VKOSr.n SKFTCH PLkU for HIKE H7LKELXNK MTKKCSOTA ©'■ * Uu> tMi-key **•» prrp«rtd b/ »T*r u# wniff ‘T'v tupet•• • 1 . J!k1 .’haitamtduS rYgi»UrfdCuJ£ngirHr«.*vlUr:SurNr\nfuAJrr »•• ••» rr.%''f Mi'w'iirtu li \« . j Loihm Number 1273$ ICau /'V//#' lOiNO V'tn 12/15/1333 14:07 473-4435 COFFIN & 6R0NBER3 PAGE 02 I PHOPOSKD SKRTCH FLAN rot H1KS KfLIkELINR CFONO, MTKKtaOTA w N. •-m •• < vt**Ihj! t).t> iiFFNtjr Vx *I»r ur ««4ff in> 4JKt IttpW- •. 4‘4 idJy rfjuitrfdCKd£/>gin#i#fiMUr:Suf%nfiryn4»f ••• I fufw •V iCAii /"r//#* '• •• C#«'**rr| IktHM MwmNr U73>IC4N0 U^47i 12/15/1933 14:07 473-4435 C0FFir4 & GRONBERG PAGE 02 VINSTON LAW OFFICE r November 18,1998 •• •• ;*i)v 1 > ♦. Ij Elizabeth Van Zomeren City Planner/Zoning Administrator Orono City Hall P.O. Box o6 Crystal Bay, MN 55323 RE: Orono Planning File No. 2441; HilbelinkA^ote; 3020 Watertown Road Dear Ms. Van Zomeren: Thank you for advising me of the proposed subdivision of the prcmerty located to my immediate West. Whfle it is probable 1 will be advised of future Planning Commission and City Council hearings involving the property, 1 want to make sure that I am on record as requesting notice of all such hearings, as well as any other less formal proceedings before either the Planning Commission or Council. ture Secondly, I reouest a copy of the report you submitted to the Plaiming Commission for its November 16 meeting. Similarly, 1 request copies of all m staff reports involving the proposed subdivision. I also want to be on record as opposing the creation of a through street which would somehow connert Wear Lane North wth Crystal Creek Road. I anticipated that Wear Lane North might some day see traffic from lots created from the Stubbs Bay Movers property to my North, but it was never my anticipation that we could also see traffic from property to our West. It is one thing to have an additional two or three lots have access from Wear Lar.<*. ^t is quite a different thing to have the twelve Crystal Creek lots plus, as propos .u, an additional three lots 5so to have access to Wear Lane Norm. oc appucu m inis case, ana rnai, rrom a planners perspective, a cui-ae-sac noi always be the preferred ^proach. At the same time, however, the creation of cul-d< sac roads in the City of Orono certainly has precedence. fSee enclosed half section map of property to my South which shows four such cul-de-sacs.) Further, here we have the complication of a private road possibly being connected to a public road. In other words, there is support for cul-de-sacs in the City of Orono, and there is at least one factor which distinguishes this situation, and supports my request that Wear Lane North remain a cul-de-sac road. Thank you for this further opportunity to express my views on the matter. Sincerely,* JBW/kmt Enclosure . Winston 4420 IDS Center, 80 SoulK 8tk Street, Minneapolis, MN 55402 Tel: 612/341-9800 F«: 612/338-6351 ', ... ·••i ' I) • • •� ( 10).. , .. 1•• • ( ll) l CYGNET ' UI) I) (T) l1AI.IRIT I (ll: I (JI) &IEEI .............. . . 1 ,.. ., lfl • Ue) I (30) .. ,. .. • • IZt)0\,1 •' I I •I11I • I i;"; • .,. I < ;z> , I Pllfll fl U1 l (0 1 ( 10) • ( II) R _..., I '5) .... ,. w (I) .. $ I 1 (1) l. I ( ll)• ,,,�'- Wt\9: C ... . ys'f A�. l •1>" • • ( II),I 10) • (ll) I -..: t .. I 0\ ,( ' I ,... .... n .. , .... � 1 ... H...•. \ \ : v: ...... , ..... , .• ,v, ... ,,.,,., ('3) • (M) -•111• (J) ,..LIii .. ( ,,, I (I) l Cmshx\ Crecic I nformOrftoi'- R oaJ Cb f^ts, ’**’ 2fWS Cc - Prebrn»V\A»i^ pMr CD-* rtpo^ te CHy lcf4^ Cf -IUsofuhtf>sH >.\A \:A: A I \ jir ■ —»»o «»w* *»»w*« ,4'/x 4 '<: #< ' /'!/ \\\\\\ l«l « / vv.Aj/ ' ,''yX'hf / /' r / I --^'^'N 'lrr\T\^«'\ j y ? il ' ^y I \ \ I / i >V I ». ✓ - V/ y / / / V / /// \ V \ \ I \ T^'.rfH!'. \ V.V*<Ti A ; ;7 ( 7 7 ///V / / fC •IHj *-'' #* \( •Iflo •«• '.-I- \ \ ,.*.#r V \ / s • '•^MoaLi. ......t!......r: WATERTQ^^ ~~ Uho — / icnco IuUI£I} I ,S.X, ^ •WI\l>icANB-me Jd ^imack n •mmm \ ->3(DCIZZI1 mP K r V V l»l-^. « ii» • ••*« Mf • %fn ft. t. MM 1 L** • •'5M_ 9 mm 9n9i IMN M W^M — - ^ . m. •—► T 1 WtWy mimmmmmmM __ iV»VM*tm mm m «mmm MMM /MiM* . l|/H^* •M •MMMM 1 mmrn/mma «M MM* HM« 1 1^ a CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 A RBSOLOTION 6RANTIH6 PRELIHIHARY APPROVAL OF THB PROPOSED CRYSTAL CREEK PLAT FILE NO. 1457 IfHEREASf Alan G. Carlson (hereinafter "the subdlvider") on March 22, 1991 filed a revised fornral subdivision application with the City for approval of a 12-*lot residential plat of property legally described as follows: Exhibit A, attached, (hereinafter "the property") and} ffBEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seg. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on March 18, 1991 and March 20, 1991 and the Council on April 8, 1991 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on April 8, 1991, the Orono City Council considered the amended subdivision application of 12 lots, noting the following findings of facti 1.The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2.The subdivision as.amended from the original 16-lot proposal finds that each lot meets or exceeds the 2-acre minimum dry contiguous lot area standards. 3.Each of the 12 lots meets the required lot width.to the rear of the 50* front street setback line. Page 1 of 8 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_________ 4.Allof the 12 lots shall achieve access via an Interior private roadway. Ko direct access onto Watertown Road will be allowed for an Individual lot owner. 5.The applicant has filed the revised preliminary plan with the Minnehaha Creek Watershed District. All conditions of MCWD permit must be met by applicant and Included with final drainage^ grading and erosion control plans. 6.In a memo dated March 13, 1991, Michael P. Gaffron, Assistant Planning and Zoning Administrator, confirmed that all 12 lots have been tested and found to have suitable areas for on-slte septic development. Since that mero, Mr. Gaffron has received verbal confirmation from the on-slte evaluator that dralnflelds can be shifted or relocated on Lot 2, Block 2 and Lot 5, Block 3 to meet the on-slte septic standards of the City. 7.The proposed configuration and overall design of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB Zoning District requiring no variances with the granting of the approval of this subdivision. Each lot can be developed as a residential unit without the need for future variances. 8.The subdivider has provided a future access corridor to the east and shall be responsible for developing the roadway to the eastern boundary providing a temporary cul-de-sac. MOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the revised preliminary plat of Crystal Creek per plat survey dated February 26, 1991, revised March 18, 1991 by Edward H. Sunde, a registered land surveyor under the laws of the State of Minnesota of Sunde Land Surveying, Inc., subject to the following conditions: Page 2 of 8 CITY of OROXO RESOLUTION OF THE CITY COUNCIL ^NO. 2948_________ 1.Sn^cess to the 12~lot plat must be via the Interior plat road. Lot 2, Block 2 shall be served from the temporary cul-de-sac via a 15' driveway easement through Lot 1, Block 2. Owner of Lot 1, Block 2 shall grant temporary driveway easement in favor of Lot 2, Block 2 until the adjacent private road is extended along the southern boundaries of Lot 2, Block 2. 2.Prior to any land alterations for drainage or road purposes, the following septic sites must be staked with fencing, such fencing to be installed 20' from the boundaries of each drainfield .test site as follows: Lot 1, Block 1 Lot 2, Block 1 IiOt 1, Block 2 Lot 2, Block 2 Lot 1, Block 3 (southwest corner drainfield site only) Lot 3, Block 3 Lot 5, Block 3 3.Subdivider to grant underlying road and utility easements over private road outlets (Outlets A and D). 4.Outlet A shall be installed as a 28* roadway with curb (urban section). Temporary cul-de-sac shall be designated at a 100* diameter with actual traveled turnaround at an 80' diameter. 5.Subdivider to grant conservation and flowage easements over all wetland/flood plain areas defined at or below the 970 elevation. The subdivider should also grant drainage easements over drainageways and storm sewers not located within right-of-way of road outlets. Page 3 of 8 0^0 A CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_________ ___^divider to execute private covenants for the shared cost in maintenance and upkeep of private road. The subdivider may wish to use the standard form used by the City for inclusion in the private covenants. In addition, the City will expect private covenants to address maintenance and protection of drainageways and retention areas by private property owners. Upon preliminary approval of the plat, the subdivider is to draft appropriate private covenants to be submitted to the City prior to the City granting approval of the final plat • 7.Applicant shall create a Homeowners' Association to ensure upkeep and maintenance of private road. This document must provide for an undivided share of the ownership of said road and future deed transfering ownership of residential lots must include the undivided or equal share in private road. 8.Subdivider to execute a drainfield covenant to be filed against the Chain of Title of each of the 12 lots within the plat in order to ensure future owners knowledge and awareness of the special limitations on the septic capabilities of the rural lots and the need to protect existing septic test sites. The City requests that the following addition be made to the original septic covenant proposed by applicant for original 16-lot plat. The following sentence is to be added between sentences 1 and 2: "In most cases, these are the only two feasible sites on lot, and must not be disturbed. The existing natural topsoil must remain in place and must not be subject to ajiy traffic ytiic__ will cause even the slightest compaction.* 9.The subdivider shall maintain adequate erosion control per final approved plans by Gerald M. Sunde throughout the construction of the road, drainage improvements and until all ground cover disturbed on the property is restored. Page 4 of 8 •2J I CITY of ORONO j>!*^^0.RESOLUTION OF THE CITY COUNCIL NO. 2948 _________ 10.^fKedeveloper to create easements in favor of the Homeowners Association over Lots 1, Block 1 and Lot 1, Block 3 for the purpose of maintenance and upkeep of the entrance monuments. The City approves the monuments proposed on plans dated December 19, 1989, revise arc 18, 1991 by Gerald M. Sunde entitled "Typical Monument Detail that defines 5 1/2' high, 10 lineal feet in length, 3* wide monuments to be installed on each side of the entrance of the private road. The final installed height of these monuments cannot exceed a height of 6 measured from elevation of private road. 11.All final grading, drainage and road plans shall be one n accordance with the directives of the Minnehaha Creek Waters e District permit and the final report of the City Engineer before any land alterations or construction can begin. The subdivider execute a developer's agreement that shall include all requ re Improvements. The subdivider shall also provide a I-etter of Credit to be written to the amount of 150% of the cost of all improvements. e Letter of Credit must also be submitted prior to final plat approva by the City. The subdivider is hereby advised that building perm s shall not be issued upon final plat approval until gravel has been approved by the City Engineer and required drainage pon s controls have been installed and approved by the City Engineer. 12.On-site evaluator to provide written confirmation t a shifting of drainfields within Lot 2, Block 2 and Lot 5, Block 3 wi satisfy on-site septic standards of City Code. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to Administrator two weeks prior to the regularly scheduled Counci mee n the second and fourth Mondays of the month: Page 5 of 8 MBUittUSa 0^0 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_ _ _ _ _ PLAT drawings in the form of two (2) mylar copies and one (1)copy reduced to 1" * 200'. Drawing to include: I /V • a)Lot lines platted per preliminary survey by Edward H. Sunde of Sunde Land Surveying! Inc. dated February 26, 1991, revised March 16, 1991, b)Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines - omit along the sides of the designated wetlands defined as drainage easements. c)Designate all wetland areas (areas at or below 970 elevation, as drainage easements). d)Designate all drainageways and storm sewers as drainage easements on the plat.■ e)Dedication of right-of-way for Watertown Road. B.LEGAL DOCUMENTS required: a)Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b)The applicant must provide certified copies of all recorded easements currently affecting the property. c)Executed Drainage Easements over all drainageways and storm sewer lines if applicable (refer to sample easements provided to you with original plat application), to Include all drainageways not included within flood plain/wetlands area below 970 elevation.) Page 6 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948________ c ■ '* designated wetland areas at or below 970 elevation (refer to original easement enclosed with former preliminary plat resolution). e)Signed and executed Developer's Agreement and Letter of Credit to cover all required improvements. f)Signed and executed Road and Utilities Easement over the private road outlots (Outlots A and - refer to previous samples). g)Signed and executed temporary Road and Utility Easement over portions of cul-de-sac not located within private road outlot. h)Private covenants/creation of Homeowners' Association in a form for filing to include division of ownership and responsibility for maintenance of the private road and drainage facilities (refer to original documents). i)Executed drainfield covenant prepared for filing against each lot to be amended per Item 8 in conditions of approval as noted above. v^r; •* 1 ^ ^I>1 • j)Completed "Application for Private Road Name". Subdivider shall have the choice of naming the road within Outlot A and C (refer to original documents). C.FEES TO BE PAID: Total Due $300.00 ju!t' ^ ^ 9 a)Final plat fee ** $150s-W ^00.00 b)Legal review and filing fees of $ir58-rdU* c)Par)c dedication fee ■* $3,200 already paid by subdivider Page 7 of 8 «/l7/f7 Pay . __ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 ;ed by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of April# 1991. Barbara A. Peterson# Mayor ATTEST: 'Dorothy allin# City Clerk STATE OF MINNESOTA ) ) 88. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April# 1991# by Barbara A. Peterson & Dorothy M. Hallin# Mayor s City Clerk of the City of Orono# a Minnesota municipal corporation and said instrument was executed on behalf of the City.*^ Notary Public 9-p°ia. My Commission Expires Page 8 of 8 kiln ... ---------------------------- ••••♦•••• #• ••• ■••*•* »«•«•• tm ■■imi T-" »s .•• •••••••««!«• TOS FroQ: Date I Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building 6 Zoning Administrator March 29, 1991 Subjects #1457 Alan Carlson^ 3140 Watertown Road - Revised Preliminary Plat - Resolution The revised preliminary plat has been accepted under the former application number (#1457) and the required public hearing scheduled at March 18/20, 1991 meeting of the Planning Commission and Council April 8, 1991 meeting. At the time of the filing of the revised subdivision application, Mr. Carlson also filed a separate conditional use permit/variance application for proposed Improvements within commons outlot Involving land alterations. Installation of tennis court, gazebo and trail system. Application #1630 was tabled by the Planning Commission until applicant had completed the permit review process with the Corps of Engineers for trail system. Applicant advised that Corps had no opinion concerning proposed Installation of structures, within the plat. Please review staff memo dated March 14, 1991 for more detailed information on the filing of the revised preliminary plan. List of Exhibits for #1457 - Revised Preliminary Subdivision Exhibit A - Resolution #2764, Preliminary Plat Approval, 3/12/90 ■Carlson Letter 2/11/91 •Cook Report 3/11/91 -Gaffron Report 3/13/91 -Staff Sketch of Future Connecting Road Final Exhibit - Revised Preliminary Plan a)Preliminary Plat b)Grading Plan c)Road Profile/Typical Section/Elevation Monuments d)Location Map Review of Revised Preliminary Application - At the March 18th meeting, the applicant submitted a second revised plan addressing the issues raised in the staff memo dated March 14th. All lots meet the dry contiguous bulldable 2*-acre area. All lots meet the required lot width to the rear of the front yard setback line of 50*. The outlets are now redefined as follows: Exhibit B Exhibit C Exhibit D Exhibit E Zoning File #1457 March 29, 1991 Page 2 Outlet A Outlet B Outlet C Outlet D Private road Access path to a shared commons area for all 12 lots Area designated for future development Road outlet to future developed property at north and to connect from extension of Outlet A through A.Stubbs property Outlet E - Property at north side of Burlington Railroad available for combination with adjacent properties if applicant wishes to release for sale. •>/ The road Is now shown connecting to tl e east at the edge of the A. Stubbs property. Please review Exhibit K from the original packet that reflects consistency with previous planning for roadways to the east. Applicant now shows a temporary cul- de*-sac. The area of a temporary cul-*de**sac, at least portions not Included within 50' road lot are not excluded from the dry bulldable of the adjacent residential lots. Applicant's engineer has submitted amended road plans Including street plans and profile. The revised gradlng/eroslon plans have been amended to Include erosion control. The entrance monuments proposed by applicant are the same as originally approved In the 16-lot preliminary plat. The Planning Commission asks that because of proposed grading or bermlng to the east side of the entrance that a limitation be placed on final height of monuments in relation to elevation of adjacent road stating that monuments overall final height could not exceed 6* above elevation of the private road. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the 12-lot revised preliminary plan subject to all pertinent conditions for the current plat as set forth in original Resolution #2764, Exhibit A. The Planning Commission asked the Council to consider the following additional conditions: 1.Future development lot. Outlot C, has no legal approved access. Access to the property would have to be via adjacent properties to the east and south. Final resolution approving this subdivision shall note this. In addition, applicant must agree to execute a covenant to be filed on the Chain of Title of Outlot C agreeing to restrict development until approved access Is provided via adjacent properties. Zoning Pile #1457 March 29, 1991 Page 3 2.Monumenta not to exceed 6* total height to be measured from final elevation adjacent to private road. The enclosed approval resolution for the 12-lot plat has been drafted and Includes the final 2 conditions of approval recommended by the Planning Commission. Isv nswrMVi&srixmii m M Bonestroo Rosene Anderlik & Associates iofiiriW.iMtnt.ftI. JoMph C AnMc fti. Mjrvin L Sorvtia. ftl. BcMl Vnccftl. Otnn I. CoolL ftf. Thomas I. Noyes. ftJ. Mtrt a StfumM ftl. Susan M. fttfta CftA RKh AGoMoaftA ichaidWftomftl. Engineers & Architects Jmy A touMoa ftX Mart AKanion. ftA MICftitIdLftl. Michae t iMmarw ftX iofitn ft. ftilML ftft. DavU a Loiccai ftX Thomas W. Httnon, ftX Mkhacf C lynch. ftX Jamts ft. Matandl ftX Kpmfth ft Andcoon. ftf. MartiioftlftX iofitfi C ftutaeiL AlA Thomas I. Angui ft£ HOMVd A SaNML ftX OanM i fidgavn. ftX MarkASc^ftX fhip i CasMfai ftX ismatl Martno. ftX Mato WML ftX Thomas ft. Andtraorv AIA Oaiy ft lyfardec ftX MMii JtnsiaftX LfthflpOraMlXftX ftm C ftiumart ALA ftftt^ AlCft JtnyQ irasen. ftX CS iofiert ft. OafilOMC ftX OaryW.MorftaftX Chain A IddQon LioM. ftPMtisky Hartan A4. Oion March 11,1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Jeanne Mabusth Re: Crystal Creek File No. 139-1457 Dear Jeanne: We have reviewed the re\ised Crystal Creek Preliminary plan submitted on the Alan Carlson property. The private street (Outlot A) should be terminated in a cul-d-sac. This would bc temporary and used until the property to the east is developed . The flooding and drainage easements should be shown on Outlot D. The construction of a flood control structure on Outlot C will be required. The drainage swale along the west line of lots 1 and 2 will be necessary. An easement over the 15" culvert on Lot 1 Block 2 and Lot 5 Block 3 will be required. The plan should indicate which typical section is to be used where on the street. The proposed monument location should be shown on the plan. The street plans and profile sheet should be completed. Please contact this office if you have any questions. Yours very truly. BONESTROO, ROSENE, ANTiERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:dh 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636^600 CP CITYof ORONO RESOLUTION OFJHE CITY COUNCIL NO. _____ A RESOLUTION APPROVING THE PLAT OF CRYSTAL CREEK FILE NO. 1457 WHEREAS, the City of Orono is a mumcipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, tlie City Council has considered the final plat application of a twelve lot residential Class III subdivision and plat by Kingsbridge Properties, Inc., a Minnesota corporation, (hereinafter "the subdivider"); and WHEREAS, per Resolution No. 2948 of the City of Orono, the City Council approved the preliminary plat application for the twelve lot residential subdivision on April 8, 1991; and WHEREAS, the City Council has granted five extensions of the deadline for the preliminary subdivision application until the issue of a southern bypass for High^^^y 12 that would intersect the property was resolved; and WHEREAS, the subdivision has been found to meet all standards of the RR-lB, Rural Residential 2U>ning District finding that each lot is of a size and configuration that would allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, on November 26, 1996, the Minnehaha Creek Watershed District Board of Managers approved Permit #96-254 that granted conditional approval of the grading and drainage plans for the Crystal Creek subdivision; and WHEREAS, on March 18, 1997, Stephen Weekman, Orono's On-Site Septic Systems Manager, reported that all tested septic sites proposed in 1990/1991 prelimmary review meet City and State standards; and Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^96 WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. 2. 3. 6. 8. Completion of all the requirements of Resolution No. 2948, the resolution of the City granting preliminary approval of the plat. Dedication on the plat of drainage and utility easements. Dedication on the plat of drainage easements over all drainageways and NURP ponds and shown as drainage easements on the plat. 4.Dedication on the plat of right*of-way for Watertown Road. Dedication of a new private road shown on the plat as Outlot A, to be known henceforth as Crystal Creek Road. Concurrent with the creation of this private road, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot; the subdivider has created non exclusive ingress, egress, drainage and utility easements over said outlot in fayor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wdierein each of the abutting and/or benefitting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. Outlot B may be residentially developed in the future. The subdivision shall be subject to all applicable ordinances in effect at the time of subdivision. The subdivider shall be responsible for providing legal access m the property . Outlot C is unbuildable. The parcel is divided from the remainder of the property by the Burlington Norther Railroad right-of-way and may be sold and legally combined with an adjacent property. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands protected by the City of Orono and shown on the plat as "wetland drainage easements". Page 2 of 6 • • 111 CITYof ORON RESOLUTION OF THE CITY COUNCIL NO.«-9-e 9. 11. 12. 13. The subdivider has created a protective covenant for Lot 1, Block 2 that contains a wetland not included within the conservation maps of the City of Orono. The covenant shall include a site plan of Lot 1, Block 2 locating the area of the wetland. The subdivider has dedicated to the City a temporary road and utility easement over the cul-de-sac to be installed at the end of the private road. The easement shall be taken over portions of the 100 ’ diameter cul-de-sac not included within the 50' road outlot. The subdivider has created drainfield covenants to be filed against the Chain of Title of each of the twelve lots within the plat in order to ensure future owners are aware of the special limitations on the septic capabilities of each of the rural lots and the need to protect existing septic test sites both during construction and after construction. The covenant will include a site plan locating the septic sites and provide guidelines for the protection of those sites. The developer has created easements in favor of the Homeowners Association over Lot 1, Block 1 and Lot 1, Block 2 for the purpose of upkeep and maintenance of the entrance monuments to be installed at the intersection of Crystal Creek Road and Watertown Road. The subdivider has executed a Developer's Agreement pro\'iding for the installation of comprehensive improvements required as a condition of approval of the Crystal Creek subdivision. The subdivider has posted a Letter of Credit in ths amount of $254,820.00 to ensure that these required improvements arc completed to the City ’s satisfaction. Some of these comprehensive improvements include the following: A.All grading and drainage improvements as shown on Grading Plan pages C- 1 and C-2 by Sundee Engineering, Inc., most revised date January 8, 1997. B.Private road improvement as shown on C-3, Crystal Creek Road Plan/Profile by Sundee Engineering, Inc., dated March 5, 1997. C.Erosion control as shown on C-1 and C-2 of the grading plans by Sundee Engineering, Inc., most revised date January 8, 1997. Page 3 of 6 CITY of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 3 8 9 fi . D.Restoration of ground cover and plantings per landscape plans created by subdivider. 14.The subdivider made payment to the City in 1990 of a park dedication fee in the amount of $3^00.00. 15.The subdivider has made payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. THEREFORE) BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Crystal Creek, Hennepin County, Minnesota, subject to the following conditions: The subdivider to grant driveway easement at 15' width over Lot 6, Block 1 in favor of Lot 7, Block 1 that will be in effect until an alternate legal access is provided via a future private road. Access to the twelve lots within Crystal Creek shall be via the interior private plat road. Access to residential lot or lots developed wthin Outlot B shall be served by either Outlot A (Crystal Creek Road) and/or approved legal access via contiguous properties. The suMivider is further advised that Outlot B carmot be residentially developed as either one or multiple lots without first seeking subdivision approval from the City of Orono. 3.Prior to any land alterations, the subdivider shall be responsible for the following: A.Installation of stormwater ponds as approved by the City of Orono and Minnehaha Creek Watershed District. B.The subdivider is required to stake with fencing all septic sites. Such fencing to be installed 20' from the boundaries of each drainfield test site. C.Installation of erosion control. Page 4 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ S 9 6 4. 5. 6. D.The subdivider to provide plan/detail on drainageway to be installed along shared lot lines of Lots 1 and 2, Block 2 noting care must be taken when constructing this drainageway to prevent drainage from meandering or filling with sediment and flooding adjacent septic sites. The City Engineer and On-Site System Manager shall approve diese plans. The subdivider shall be responsible for completing all conditions of the MCWD Permit #96-254 as follows: A.Execution of stormwater facilities maintenance agreement, a copy of which must be submitted to the City of Orono before land alteration commences. B.Stormwater ponds built and functional prior to all other site work. C.Activities including, but not limited to, mowing, yard waste disposal and fertilizer application shall not occur within the wetland buffer zone. D.Wetland buffer restrictions shall be noted on all property deeds. Erosion control shall be installed as shown on final grading and drainage plans by Sundee Engineering, Inc. (see Finding 13, C above) and maintained until natural ground cover is restored. No building permits Nvill be issued until all drainage facilities have been installed and approved and a satisfactory road base mstalled. The aforesaid plat shall be filed by the City of Orono with either the Hemiepin County Recorder ’s Office or Registrar of Titles Office on or before Noveinber 12, 1997 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. Page 5 of 6 CITYofORONO ■»sv RESOLUTION OF THE CITY COUNCIL NO. Q 8 9 6 The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision approval. Dated this 12th day of May, 1997. ATTEST: ^DWbthy M. HMm* City Clerk Gabribl Jabbour, Ma STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of April, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. UN0AS.VtE Notary Public ■ Page 6 of 6 Plan ► I RcpO)^ Qitpoft A 'Ap phccMor\ h 5l0elcK ptar) C Ar«« vMAp D E "lof iv>«« F-Url4cy whostokI TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:November 12,1998 SUBJECT:#2441 John Vogt and Mike Hilbelink, having an interest in 3020 Watertown Road Sketch Plan Review for a Class 111 Subdivision 2U>ning District:RR*1B One Family Rural Residential District (2 acres, minimum) Lot Area:12 acres total, 11 dry buildable (Approximate) Application:The applicants are proposing to subdivide an existing 12 acre parcel into S parcels. Two lots are to be served by the existing curb cut off of Watertown Road. Three lots are to be served by an extension of the cul-de-sac serving the Crystal Creek subdivision to the west of this parcel. Pertinent Ordinances: Section 11.10, Subd. 7, Sketch Plan Process Section 10.28, Subd. 5, RR-IB Zoning District Standards LOCATION The subject parcel is located east of the Crystal Creek subdivision and west of the Rolling Meadow Addition north of Watertown Road. The area is zoned for 2 acre residential development. The topography is rolling and there are several wetlands on the parcel. There is undeveloped land north of the property that may be developed in the future. TTie lot is 450 ’ wide along Watertown Road. U2441 John Vogt and Mike Hilbelink 3020 Watertown Road 11/16/98 page-1 J ANALYSIS Lot Area and Yards RR-IB District Standards Lot Area Minimum of 2 acres dry buildable Lot Width 200’ Front Yard 50’ Side Yard 30’ Rear Yard 50* Subject Property Lot Area and Yards The applicant did not provide a survey that identifies the exact size and lot requirements for each lot. The width of the parcel along Watertown Road appears to be approximately 450 feet. The two lots abutting Watertown could meet the minimum lot width requirements. Staff is concerned about the size and shape of the three lots served by the cul-de-sac. The lots may or may not meet the lot width requirements at the required 50' fi-ont yard setback. Roadways and Access The proposed cul-de-sac is an extension of the cul-de-sac that serves the Crystal Creek subdivision. The proposed cul-de-sac may exceed the allowed length of 1,500 feet for a block. The radius of the cul-de-sac is required to be 50’. The sketch plan did not indicatethe length or radius of the cul-de- sac. The extension is shown from the temporary cul-de-sac in Crystal Creek. Note that lot 7 in Crystal Creek does not have firontage on a platted road or outlot. Roads that serve more than 7 units are required to be 28' paved minimum width. The width of the road in the Crystal Creek subdivision needs to be reviewed because this proposal adds more units.. Also, a copy of the maintenance agreement/homeowner’s association for the private road as extended into the proposed subdivision should be provided. No new curb cuts shall be provided fiom Watertown Road. A detailed road plan should be prepared for review by the City Engineer, Police and Fire Chiefs. The road system should be platted in such a manner that does not create a negative impact on existing lots. The size and location of the proposed cul-de-sac is not acceptable. The roadway i^244l John Vogt and Mike Hilbelink 3020 Watertown Road 11/16/98 page~2 system should not change the status of any existing lots into through lots. The road in Crystal Creek is a private road and Wear Lane is a public road. The plan should address connecting these two roads as well as providing possible future access to adjacent undeveloped areas. Septic Sites The applicant needs to provide a septic report indicating that there are primary and alternate sites for each proposed lot. The number of lots may be reduced if suitable acceptable sites are not located. Stormwnter Management The proposed plan needs to address management of stormwater. A ponding area may be required by the Minnehaha Creek Watershed District (MCWD). This may potentially reduce the amount of land available for development. The applicant shall provide a plan for review by the City Engineer and the MCWD. Drainage and Utility Easements A survey should be prepared that shows dedication of land along the internal and external lots lines for drainage and utilities. Flowage and conservation easements will also be required. Park Dedication The applicant should provide a more detailed plan for review by the Park Commission and the Hennepin County Assessor to determine the fair market value. U2441 John Vogt and Mike Hilbelink 3020 Watertown Road 11/16/98 page-3 . ‘ — ; -'I *. It' STAFF RECOMMENDATION The applicant shall provide a current, certified survey indicating lot area, lot sizes, lot widths, primary and alternate septic sites, and platted roads that meet the subdivision requirements. The applicant should work with City staff to develop a plan that meets the Zoning and Subdivision requirements. The applicant shodd also woric wiA the developer of the Crystal Creek development and property owners in the Rolling Meadows addition to discuss the platting of the future road and cormections through all three subdivisions . Attachments A B C D E V Application Proposed Sketch Plan Surrounding area map Topogrq>hy Wetland nuq) Letter fix>m adjacent property owner U244I John Vogt and Mike Hiibetink 3020 Watertown Road 11/16/98 page-~4 i ■■■■ CITY ••• • ’ OF ORONO W 6124730510 10/14/98 08:33 :10/17 N0:521 I CITy OF ORONP - SUBDIVISION APPUCATION Application #I Date RecelTed |Q> Amount Paid 9 ••• PROPERTY LOdAIION . / siietddwis: .30JZ£> (XMrekT&u^A/ nh . O/^tnio Prbpcnyldytifici^onNumberfflDl ooo^/ Property abstract or Attach lega^ descriptioa to application. tonens? APPLICANT Name Voor /tfu6 /l/i/Kb /-//Lssiy^^t Address l R.<T (^OUDCaJ Ui€ajJ Phone fhome^7 City CJ/^ 071 0 7v^ZipfSV^'Z. Phone (work) OWNER (if diffcn^ than applicant)_ Nam e ^^ Address * \LAJAre/CTt\.*/^rJ ^ City " i O/^rnnr^/yi,u (attach list if more than one) ft_____Phone (home) V]^?~ S7SJS" Zip^53>C>Phone(work) S*?3‘'77/Jl Lu<.r^ EXISTING LAND! USE Number of Tax Parcels Developmeijt Size C i Ajf^l / Present use (check)X I Present ^n^ Dutrict Acres Dry Land Acres Wet Land Acits Total, all parcels Kendentiid; no. of units__/ Other (specify)________ PROPOSAL 2i Number of Building Sites Division for Tax Purposes Lot Line Rearrangement Only (no new buUdling sites) Subdivision for New Building Sites / V Existing Units New Units __Total Units Proposed Qrbss Densify Milium Lot Size Proposed Use (cheek) ^ Units oer/^ Acres AC. Sq. Ft. Dry Buildable Lind>LfiC. ^Residential ______Other (specify) 10 XIw •• ••■i ./rh «2k VIIf wr UKONU !. • 2» Completed opplleoUon forntj 4 S^^jny*****on Ceitiflcate of Survey. Govt Ctnter 341-3271)!*^^*^°'*^*”'*^**^ ^®““^^**^***^®^H*®“*p5»Coga^Dq)«tmewofPiittnei A^3 Zonloj WMotlon, please attach a lepiraie list of aay other penoos you wbh ootiRad of ibb appUcatlon. ** * hnNTMUMhWTEmLIffiQinMDFORCOMPLETBflNALAPPLirATlfiNi; 4.EaMmenu, eoveaaots, etcVVVVIlAlllJp Vl%* s. Developers Asreemeat and lUtter of Credit Zoning onicUl ’s Signature Dm ^^®*^^^*»R*vlew;(ClasaI,IlAIII)$250.00 -------M Line Rewrangement $350.00 -------^PP“®9*««» (CUtt I ft 10 $350.00zz _____LfgtlRavIcwaadFilii^: ____ Subdtvbfon ionly $75.00 Subdiviiway/easemtna and covenants min. $200.00 loaii P„.' ^1 w-i_____ Ua. ft X .50 • $ p^sed Sanhiiy S^tr Main Exteoston $250.00 ♦ $25/stub Proposed WatemiablExtension $250.00 ♦ $25/stub ^oysed Stonn Sewbr System (excluding culverts) $200.00 WUerton.)S50.00/perlotx. m>wWvt. C Flexible Application Fead^c Feeslow Appiicaiion teeanniic Fees Variance $220.00 ($40.00 per each additiooel variance) ‘ Easement Vacation Ajssociated with Subdivtstoo $100.00 PRD Applketion widi Subdivision S30.00/DwcllbigUoh PlaiwSng Commi^on^nd Cow!!Jo*^ecl]jI^r^^Admfalsirator, City Engineer, Chy Attorney, ordinance. yi ^“**•$«« » Piy HI additional fees csteblUhed by /o//^,/fyApplicant’s Signs Owner*# Signsoire /'?lo4£w. Data Dace 'or^a/^rf W MolSy mM**r> Wbn g» Hnatai CommUsioo Plamint OmabilM m««iitn« I if ^ '• z 1j. •••• ... -• -- z • Jt .. -- z '" ·---·- > n I•• ••••• . . ... . . .... . . .. . ,,. ..... . .. .. • � I � q CJ\ � � . V' .. ... .,.. -I> • ·. � . ,..·"....,2 .!_p_ D--i- -... -- -- -- - Vt -- ..... \.,I- f � t: . • .. .. � -a: 0 . . � t � 6 •-.... 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PTUCd \pgw^ ..^ ..-jJJ**----- tCMC vT^^' ^ ',?r. ft ‘ • '"'CO Jv‘ • • •I '"• fEMtd pcmcd fCwCrf t _____ ■■.f"''kJ^n^''■^^‘‘r-^<‘^ S*^'' k V^ '{'^0 3; '^' ' Ptwr fC«t ;;. ,? / xi*. -P ,KJcl ^'s ■•;>'>«*>t —01' • • •) •...W %• r’^««• ^# * •*V • UUftH SltMa lAt I lflM» ■'** ' foi rcMcn• • I u” -rz.— . » PlM’-t ftOlC .ni WINSTON LAW OFFICE ^.‘November 3,1998 — %• .• i^ov (I h mo # » V. •'. Elizabeth Van Zomeren (473-0510) City Plannei/Zoning Administrator Orono City Hall P.O. Box 66 Crystal Bay, MN 55323 RE: Sketch Plan Application No. 2441; Watenomi Road Property Dear Ms. Van Zomeren: My wife and I own Lot 1, Block 1, Rolling Meado^vs Third Addition ("Lot 1"), which abuts the easterly property line of the property which is the subject of the above-referenced file (the "Subjea Property"). Our objections to the proposed Plan are as follows: 1. 2. 3. Our primary objection is the location of the road and of the tum-around circle inunediately adjacent to our westerly property line. As proposed, there is no setback, buffer or other screening of the road from our westerly property line. What is now private would become public, with little or no opportunity for us to control or supervise activities occurring at the rear of our lot. The location of the road as shown on the proposal makes our Lot 1 a through lot, and thus subject to the various restrictions imposed on a through lot. By reason of the length of the cul-de-sac (Crystal Creek Road) proposed to serve the Subjea Property, fifteen (15) properties, and the invitees of each of those properties, would use the proposed cul-de-sac. All of »he traffic ati raaed to these 15 lots has the potential of ending up in our back yard, as service vehicles, delivery vehicles, school buses and people out for a Sunday drive pass down the road and are forced to turn around at the cul-de-sac circle proposed to be located immediately adjacent to our property line. With the additional traffic comes additional noise, v/ith the lights and other traffic disturbances. The tum-around circle becomes a gathering place for vehicles and pedestrians and the potential problems that come with such a rendezvous point. 4420 IDS Center, 80 Soutk 8tk Slr««t, Mlnne»polij, MN 55402 Tel: 612/341-9800 Fax: 6l2/338-63ol Novembers, 1998 Page 2 4.The length of the cul-de-sac is in violation of applicable city ordinances, and there is no hardship or other reason that the Subject Property should be given a variance to accommodate the extra length. There are a number of alternative designs that would eliminate the above concerns. Some of those alternative designs are as follows: 1.The first alternative would be to have a road running along or in close proximity to the westerly boundary of the Subject Property. The lots to the West of the Subject Property have a topography that rises from East to West, and there is a tree line along the common property line. This topography and tree line provide the lots in Crystal Creek a fair degree of privacy from a road built along or near the conunon boundary line. In addition, there is a drainage pond constructed along the border of the property on Lot 1, Block 2, Crystal Creek, and there are various drainfield areas located at the rear of the Crystal Creek lots, which areas are staked to prevent future development. All of this affords additional privacy to the Crystal Creek lot owners, should a new road be located at or near the westerly boundary of the Subjea Property. The only lot where the change in elevation is not as pronounced is on Lot 5, Block 2, Crystal Creek, but, with respect to that lot, there is a wetland located at the Northwest comer of the Subject Property, and the road serving the proposed subdivision could terminate short of the wetland or bend slightly to the East, so that the privacy of Lot 5 could be assured as well. With the location of the tum-around circle moved to the interior of the proposed subdivision, the owners of the new lots can themselves police, control and supervise cul-de-sac activities. With the road along or near the westerly line of the Subject Property, the lots in the new subdivision could be stacked South to North, as they are in the subdivisions to the East and West of the Subject Property, so that approximately the same number of lots could be obtained, and so that the privacy of our westerly boundary could be maintained. In addition, this alternative and the next have the advantage of having only one curb cut on Watertown Road, which is roughly equidistant between Crystal Creek Road to the West and Wear Lane North to the East. i I i ' \ Novembers, 1998 Pages 2.A second alternative would be to have a road bisecting the property with longer, nanower lots stacked on either side, with the most Northerly lot being at the end of the cul-de-sac central to the proposed subdivision. Thank you for considering our concerns. Please provide us notice of any future Planning Commission or City Council meetings which consider a subdivision of the Subjert Property. JBW/krm Sincerely, / . Winston MI-15-1999 16:22 Uestman* Chsmplin t Kelly 612 334 3312 P.Ol 03 Steven & Anne Koehler 35 Crystal Creek Rd Orono, MN 55356 January 15, 1999 Via Telefax: 473-0510 Ms. Elizabeth A. Van Zomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Mike Hilbelink Subdivision File No : 139-2449 Dear Ms. Van Zomeren: Thank you for your letters of December 23, 1998 and January 5, 1999, regarding the px'opused pteliminaxy plat for 3020 Watertown Road. In short, we are opposed to the subdivision and development of 3020 Watertown Road as it pertains to the use of Crystal Creek Road to provide access to the two northern-most lots. We oppose the use of Crystal Creek Road to gain access to the two northern-most lots of the proposed subdivision based on safety and financial concerns. Upon review of the report of Bonestroo Rosene Anderlik & Associates, the proposed subdivision would extend Crystal Creek Road to 1530 feet, which far exceeds the 1000 foot maximum length of a cul-de-sac allowed by City code. In addition. Crystal Creek Road, when extended, would then serve 14 properties, which again exceeds the maximum number '.10) of properties to be served by a cul-de-sac. Vie believe the service of these tv;o lots from Crystal Creed Road would undesireably increase the amount of traffic present on the road. Fuxthermore, in view that the two proposed lots are located at the end of the cul-de-sac, traffic to and from these lots would naturally be at increased speeds since the drivers must travel the entire length of the road in order to reach either their residences or the outlet to Watertown Road. Increased traffic speed traffic on Crystal Creek Road is particularly troublesome in view of the steep hill located at the outlet to Watertown Road that must be de.scended in order to exit Crystal Creek Road. For instance, all school age children are picked up and dropped off at the outlet or the cul-de-sac. If traction on the road is inadequate, for example, due to snow or ice, the safety of the children can be compromised if a driver is u.'.Aole to stop in time. Vehicles traveling faster on the road are i:;ularly at risk. J hN-15“199S 16!22 Uestman. Champ 1 in Z Kally 612 334 3312 P.02'03 Ms. Elizabeth A. Van Zomeren City Planner/Zoning Administrator January 15, 1999 Page 2 We are also concerned because our residence is located at the outlet of the cul*de-sac, and because v/e have a three year old toddler and a baby to be born in February. Although we do not intend to allow our children to play on or near the street, we believe increased traffic and increased speed of the traffic on the road is not acceptable. We are also opposed to use of Crystal Creek Road for two additional properties because of financial risks that have yet to be properly considered. First, use of the road during construction and thereafter for the Hilbelink lots v/ill naturally cause wear and tear upon the road, thereby shortening its life and requiring repair or replacement at an earlier time. There also exists a risk that the road will incur sever damage from construction traffic of these lots that will require immediate attention. Liability for this type of damage has not been adequately addressed and it is our fear that such an event will place a financial burden upon the Association and thereby its members in order to repair or replace the road. It was also reported hy Bone.Rtroo Rosene Anderlik St Associates that additional storm sewer and pond capacity may be necessary to accommodate water from the Hilbelink Subdivision. These costs have also not yet been ascertained, therefore we do not know at this time what burden this will place upon the Association. We assume these costs will be paid for by the Hilbelink developers. Nevertheless, even if initial, increased storm sewer and pond capacity was to be paid for by the Hilbelink developers, the Crystal Creek Homeowners Association v;ill probably be liable for any additional costs if further accommodations need to be made. It is our opinion that none of the financial risks have been properly addressed by the Association for these and othei unrecognized consequences of allowing two additional properties to access and use Crystal Creek Road. AC a minimum, additional time is needed by the Association to asses the proposed subdivision and consequences. As you are aware, Crystal Creek Homeowners Association is a new horaeownei's association, but is by no means an active association in view chat only cv/o homeov;ners out of twelve available properties are curi*ently I'esidenc.?. The balance of the properties available in Crystal Creek are owned by developers that have possibly contrary interests to us and future residents of Crystal Creek. In fact, we had our first meeting Januarv' 13, the ourpose of which in part was to discuss this proposal. Hcv;ever, JAM-15-1999 16:23 I'le s t man. Champ 1 i n 8. Kelly 612 334 3312 P.03/03 Ms. Elizabeth A. Van Zonieren City Planner/Zoning Administrator January 15, 1999 Page 3 since the meeting was called on short notice not all owners could attend, nor could we then formally respond as the Association. Although we assume that the two properties in the Hilbelink subdivision would have to become member.^ of the Crystal Creek Homeowners Association, and thus share equally in the costs of the Association (e.g. road maintenance), any marginal benefit to the current members of the Association in sharing costs would not be offset by the overall safety and financial risks involved. For these reasons, we strongly oppose the development of the Hilbelink Subdivision as it pertains to using Crystal Creek Road to access the proposed lots. We respectfully x'equest that the proposed subdivision be denied. Sincer^y, Steven M. Koehler, Esq. Anne T. Koehler TOThL P.03 Michael ft Oayle Sievert SSWawlnN. LongUk».MNS53Se Home Phone 473-4433 i I KJt‘ Oi’iwi ,0 January 18,1999 City of Orono Planning Commission City Hall RE: Application No. 2449 Dear Planning Commission, We will not be available to anend the Planning Commission hearing the evening of January 19. By this letter we wish to speak in favor of the Preliminary Plat as proposed by the Applicant. This is our support of access to the proposed subdivision to come from the West of Outlot B throu^ Crystal Creek Road and oppose any access from the East through Wear Lane North. Our property is bordering the proposed subdivision to the East. When we purchased this property in 1989 it was our intent to build a house and raise our family on a location with a limited access road and minimal traffic. It is our commitment to do all we can to preserve this. Sincerely. Michael & Gayle Sievert 1 ^ \ 1 •I Ui i i I January 20, 1999 Planning Commission City Hall of Orono 2780 Kelley Parkway Orono, Minn. 55356 Re; #2449 PubUc Hearing We are not able to attend the meeting tonight regarding #2449 however wish to espress our thoughts regarding this issue. We reside at 2850 Wear Circle which extends to Wear Lane North. We are opposed to the extension of creating access from the Crystal Creek ScbdivisioTi to Wear Lane North We hope to be present at any future meetings. Application Date: Completion Date: Deadline Date: 12/16/98 12/31/98 4/30/99 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrato: January 11,1999 SUBJECT:#2450 Glenn Gronberg 325 North Willow Drive Preliminary Subdivision-Public Hearing 0 Zoning District: Lot Area: RR-1B One Family Rural Residential District (2 Acre) 5.07 acres Application: The applicant has applied for a Preliminary Plat for a two-lot subdivision of a 5.07 acre site located off North Willow Drive. The lot does contain one house, owned by the applicant that would remain on Lot 2. Pertinent Ordinances: Section 10.28 RR-IB One Family Rural Residential Zoning District Subd. 5 Area, Height, Lot Width and Yard Requirements. B. Lots. The following minimum requirements shall be observed: 1 ot Ar a 2 Acres Lot Width 200' Front Yard 50'30'50' ^2450 Glenn Gronberg 325 Sorth Willo w Drive Preliminary SubdrvUton 1/19/99 Page 1 Section 11.03, Definition 66 b. ''Class IISubdivision" A Class II Subdivision shall be a plat and may qualify for a limited review procedure established in this Chapter if it meets all of the following criteria: 1.The Subdivision results in no more than two buiJdable lots, one or both of which are less than five acres (217,800 square feet) of land or one or both of which have less than 300 feet of frontage on public roadway which has been accepted and opened by the City or on a private roadway open to travel or vehicular use pursuant to an easement between persons or between persons and the City. 2. The subdivision does involve the vacation or dedication of public roadways or extension of municipal utilities. 3.The subdivision does not involve any flexible zoning application. 4.The subdivision may include the creation of outlets and easements for access, open space, flowage, conservation, in addition to the two buildable lots. Section 11.03, Subdivision 2 Creation of lots which do not abut a public or private road. Ordinance 122. This Subdivision Ordinance defines back lots as a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a "back lot" A^iien the corridor is platted as an outlet. A separated lot is considered to be a "flag lot" when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an "easement back lot”. Front lots are defined as a lot abutting a public or private road, across which an outlot has been platted for access to a back lot. Lot Configurations Loti Lot 2 2.02 Acres Dry 0.00 Orono Wetlands 3.05 Acres Dry 0.00 Orono Wetlands M2450 GUnn Gronberg 323 Sorih UWoMt Drhe Pniiminofy Subdivision 1/19/99 Pagt2 Access The existing 5.07 acre lot is served by a private driveway that serves two other lots. When the Spruce Acres Subdivision was approved in 1979 on outlet was created for the purposes of serving as a driveway for the three lots. The driveway was not built until the applicant's house was constructed in 1988. Prior to the construction of the house, access for Lot 1, Spruce Acres was by a private driveway with accecs directly to North Willow Drive. Lot 2 had a temporary easement across Lot 1 for the purposes of access. Resolution #1065 (September 11, 1979) approved the Spruce Acres Subdivision. A condition of the resolution was the private drive in Outlot A was not required to be developed until a building permit was issued for Lot 3. A copy of the Spruce Acres Plat is attached as "Exhibit G". The proposed plat shows the new Lot 1 gaining access to a private drive that was approved to serve only 3 lots. The Gronberg Subdivision would create a fourth lot being served by the private driveway. In December, 1993 the City Council amended the Subdivision Code to state "no more than two residences may be served by a driveway located within an access outlot". Flag tots and easement back lots as defined in the Subdivision Code can not be created. Orono Municipal Code Section 11.31, Subdivision 5 states "Front/back lot divisions shall be allowed only in conjunction with the creation of an outlot to provide access firom the back lot to the public or private road. Such outlot shall not be allowed as creditable lot area for either the back or fi'ont lots". Under the existing Code this lot arrangement would not be allowed because it does create a "fiag lot" (Lot 1). If an access outlot is created to serve the back lot, the required lot area would be decreased by approximately 12,500 s.f. (.28 acres = 50' by 250’ access outlot). The Code also would not allow the new access outlot to be created. Subdivision 27 (C)(5) states "no access outlot may be platted abutting an adjacent access outlot except when the intent is to combine the two access outlets for creation of a public or private road meeting City standards". Private streets serving 3 to 6 units require a platted right-of-way width of 50', and a minimum pavement width of 24'. A cul-de-sac should be constructed at the end ol' the new street to provide room for emergency vehicle turnaround. Providing a cul-de-sac at the western edge of 1 ot 2, and opening the entire private street would eliminate requirement of 3 acres for the back lot. The lot would no longer be defined as a back lot, due to having direct access to a street. Lot 1 would only oe required to be 2 acres. The existing property owners of Lots 1 and 2, located at 345 and 365 North Willow Drive would have to enter into an agreement to develop the private street as they are joint owners of the access outlot. V450 CUnn Cronbtrg S23 Sorth WiUo\^ Drtxi Pnttminary Subdivision 1/19/99 Pagt3 Septic The On>Site Systems Manager has reviewed the septic sites and has determined both the primary and alternate drainfield sites meet all City and State standards. The site evaluation was completed by Swedlund Septic Service. The existing sites located on Lot 2 are conforming systems and would not be impacted by the subdivision. Drainage City Engineer Tom Kellogg has reviewed the proposed plat. Engineer comments are included as "Exhibit I". The Minnehaha Creek Watershed District has commented the site would be required to provide BMPs for storm water management. Park Dedication The Park Commission reviewed this application a';^muary 4,1999 meeting. Park dedication fee would only be collected for one additional lot. Lot Area and Size Back lots are required to meet 150% of the requii ed lot area. The proposed Lot 1 would be required to be 3.0 acres. The depth of the required street yard or front yard shall be 150% of the zoning district standard. The front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for the zoning district. Lot Requirements RR-IB Lot Area Lot Width Front Yard Side Yard Rear Yard Front Lot - 2 2 Acres 200'50'30*50' Back Lot • 1 3 Acres 200'75'45 ’75 ’ Proposed Lot 2 contains an existing shed that is located 15' from what would become the rear lot line. The shed would be required to be removed as a condition of approval for a final plat. if 2450 Clinn Cronbtrg 325 Sorth H Wo\v Drive Freliminary Subdivision 1/19 99 Page 4 ^nmnrriii Efuemcnts The arrlicant would be required to dedicate drainage and utility easements 10' along the boundaries of the property and road outlot, and S' along all internal property lines. A wetland appears on proposed lot 1. The applicant shall covenant for Type II and VI wetlands within Lot 1. Proposed Highway 12 Development MnDct will be rerouting Highway 12 along the rail corridor located adjacent to the North side of the property. The plans include MnDot purchasing the entire property proposed for subdivision. The plan for the site, once acquired by the State, would be to develop it as a ponding area. The state would be purchasing all three lots located in the Spruce Acres Subdivision. A map illustrating the proposed ponding plan is included with this Report as "Exhibit M". Staff Recommendation Table the Preliminary Plat to provide applicant with an opportunity to redesign the subdivision to meet zoning standards, and to address concerns for access to the propeny. Other items that will need to be addressed prior to Final Plat approval: 1. 2. Applicant to dedicate drainage and utility '*asements 10* along the boundaries of the property and road outlot, and S' along all internal lot lines. Applicant to develop covenant for Type II and VI wetlands located within Lot 1. The purpose of the covenant is to alert all fiiture property owners of the need to protect the area if alterations are proposed to first obtain the necessary approvals from the Corps of Engineers and Miimehaha Creek Watershed District before applying for approvals from the City of Orono. 3. 4. 5. 6. Park dedication fee for Lot 1 would be collected by the City. Complete a road maintenance agreement with neighboring property owners, and develop the new street as a private drive with a cul-de-sac. Grant road and utility easements over the road outlot. Maintenance covenants shall be provided for road and drainage improvements. Gienn Cronbtrg 325 North milowDrhe Pnllminary SubdivUlon U1 9/99 Page 5 7.Staff recommends the existing shed shall be removed from Lot 1 or relocated to meet setback standards for the zoning district. 8.Prior to frling the plat with Hennepin County the property owner would be required to complete a title opinion on the lot proposed for subdivision. Attachments A B C D E F G H I J K L M N O P Application Location Map Site Topography Plat Map Section Map Resolution Number 1065 - Approving Plat of Spruce Acres (9/11/79) Plat of Spruce Acres Preliminary Plat (12/11/98) City Engineer Comments (12/30/98) Minnehaha Creek Watershed District (12/30/98) Septic Evaluation (12/31/98) Wetland Delineation Report (12/30/98) MnDot Highway 12 Plan Ordinance 122, Front Lot/Back Lot Standards Property Owners List Permit Record ' n K4SQ CUm Cronberg 323 North ttWow Drive Preliminary Subdivision t/19/99 Page 6 A Application # ____ Date Received Amount Paid 3 SO CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address _______^ccuf JAit/f Property Identification Number (PID) 33 ~ 2S - 9/_- aa/S Please checlc one - Property y abstract or____torrens? Attach legal description to application. 3^ ^lock / APPLICANT Name ai. Address 33S' aJ.3A/t/€ City ^ Aliy_________ ________Phone (home) j£2£z£llS _ ZipxrW Phone (work) /9ss OWNER (if different than applicant) Name ______________________ Address City__^Z‘P Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District S.07 Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units___L Other (specify)_________ PROPOSAL ___j ______ Division for Tax Purposes ________ Lot Line Rearrangement Only (no new buildling sites) ___ Subdivision for New Building Sites /Existing Units /New Units p Total Units Number of Building Sites Proposed Gross Density Minimum Lot Size Proposed Use (check) "2. Units per ^^£7 Acres Sq. Ft. Dry Buildable Land V Residential ________Other (specify)________ •••r«• >.A %• ri 1 ^•• • • i*, . I ./^ <7 0 JIIGRGUIII Ill� • • •• •• •• ••• 400 J I , I • 1: 1· 1 800 • LA DtYI-U �-. LGIIY11W CII co •• •• . •••• • �\.-,ft, ••••••• Cl ,..,. •• •• • • •• •• AIGISOOI WAY ORON fRE.Jlat WI ltD .. � ...Lalt ---------- N ® ORO__NO � 0 / Bi\\nl ••••• -•f ·········· ,a, ll»cr •o 1 � ' -� �, _ .. J» .-.. -,-. ' --� -.· -� ........ ., ....•• 6 ---. , ... � .... , • • . • -,..,. . l• � • '' • -� : ., . ···� �. . . •. • , • I I• • ;Cf 'S in iih-:: ... -. . .. -. ... �·· .-,•. ··'£-.�.,.. .,,,,.:.-!f"•• ! .. . -·: ' • •• .. ... ,. ., .,' �, ,,,. °"" It»' �-II/OIi . . .. . ::::;;�;;;;;.....------= -- . ,., --- 011.2 )(. 0 ' x 10 1 S 0 • f (6) ,, .. f /\ I II • I ' i / ..... __ 1 ___ ;..•-'-' �1P--'--t i .......... , -4 ,/' ( '�) (J ( I ) (. I ) 1! ( . -.·. :,.. I. (. ) ·--� ( ) ' . -· (20) .. ( I ) ( , ( 8) ST CE ( 5) ( 2)u (17)( 18) ZJJ, 2) m - T, n§ i. j’j raOHO-38 Csi ir: <o «—• H- a Cl S33 .117.F..23 isem STcni sc«8 oisnucT ectfCMr sooa ouTKicr ecxMOA^ •«T£RSMf9 fO-*«Ci*T ICMCrtN OWIT. euKMi OF niOLic scmviof OFFAUnCNT CF FMFERir I** p, :■ tr ?* RESOLUTION NO. 1065 F A RESOLUTION APPROVING THE PLAT OF SPRUCE ACRES . WHEREAS, the City of Orono is e municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by George L. Osgood, the subdivider; and • WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: I 1.Dedication on the plat of rights of way for public streets and roads, shown as Willow Drive. 2.Dedication on the plat of drainage and utility easements. 3.Creation of a new private driveway shown on the plat as Outlot A. 4.Payment to the City of a Park Dedication Fee of $300.00. 5.Payment to the City of engineering and legal review fees in the aunount of $50.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Spruce Acres, Hennepin County, Minnesota; subject to the following conditions: •« 1.Lot 2, Block 1 shall have temporary access on the existing driveway and/or farm road through Lot 1, Block 1. Before a building permit is issued for Lot 3, Block 1, a new driveway shall be constructed in Outlot A to serve all three lots. Upon completion of the new driveway, all direct access from Willow Drive to Lot 1 shall be eliminated. 2.The aforesaid plat shall be filed with with the Hennepin County Recorder's Office on or before March 11, 1980 together with a certified original copy of this Resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this day of September ATTE6TV .—_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Walter R.TBenson, Clerk/Administrator STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City Council of the City of Orono on September 11_______» 19j£t approving THE PIAT_ OF SPRUCE ACRES_______________________!--------------------------— on file in the office of the City Clerk/Administrator, City of Orono. Dated this __________________ ______________ ' waTter^Rl^MisSar'cier^/ASiBistrator ay of September , 1979. (Seal) SCALE IN FEET ' . • I r-·-------' ' .' : 3 L 0 C zqo G Final Plat of-· Spruce Acres M,,/A 1,;,,, or 1'A1 .s�,t -1 1-,J,-,, 11 •.. 1oMt..AiJ' I/I H-rl� , JIM,.n.t � J •s I 11 GORDON R. COFFIN CO. ENGINEERS 6 LAND SURVEYOR S LONG LAKE , MINNESOTA ,,•· Mw-S'M IIM. ,-------. ·-'-·--------- . . . ----··-----... ------.. K SU6lEC.1' Lot ,-. 1 _,.. A I fj /I " I' ',.,,,"'*''' -�·· •JF Si. PAUL ?,�•::::-;c A,'' fL'.4.',"Y •:C�!PANY} AST 2 • -, ,------I I I I I I I I I I "' I "' • N I I I I I I I I I I INC. .. • .. ...... . ....... . ··-·... . •·.... . . ., .......... �··. PROPOSED ·SUBDIVISION FOR GLENN M. GRONBERG . OF LOT 3, BLOCK 1, SPRUCE ACRES · HENNEPIN COUNTY, MINNESOTA BURLINGTON .-�--�------�-------,-----------' . ftj '. t ..... -,. - I . . . RAILROAD �-... 3 .. ....-- . COMPANY I : i ,.,: / , __ _ . UlLQl. A I I I t 184.51 / I I • I ··-· . .. •·, . LEVERING' S ·WOODr-lA V.ENI • • • ... • LEGAL DESCRIPTION OF PREMISES: Lot J. Block 1, SPRUCE ACRES · · This survey shows lhe boundaries of the above described property. ond the location of on existing house. deck, gazebo and shed thereon. It do41s not purport to show ony other improvements or encrooch(nents. �-., .. . .. . . . ... •••• . . - ... ,_,,. -: r.,,,�.,., "�,_.,,. �IA .t I.• 7 I I i6tAII o : Iron markerBe0tin9s shown are based upon on ossumed doturn . COFFIN & GRONBERG� INC. . ' M-t--,-----t--t--------i-a+f-11�--CXNILIII DDIDS. LAie �\nc f\.WDS• 412 TAMMJO. AVOU. UIG lMr. Ill W5I 81:2-47�141 I . . ... -.._.-.. .,. ., 4 -.. , ·• ·• I I, . . . . . . . ... r , MDIDY cum ,_, ntS .,__. Ra'ICA'°' • .,_, WAS 'IIIOINIEI IY .. GI 'ICIIII tlf Wet a,au■CA MD ,_, I ......... , UClJa.'D ,orUQ - GOMIII .. Ufa ---� ......... .,..11111111 Muwso, nc · • · � "/ ~--98496 .. .. J Bonestroo ff=iS Rosene Anderlik & ^ V]^ Associates Bontstroo, Rosene. AnBtrUk snd Associates, Inc. Is sn ANirmstive Action/fquei Opportunity imployer Principals: Otto 6. ton«itfOO. PJL • Joitph C. Andtrllii. PL • Mjrvir. I -'x P.£ • lichjrd E. TUmcr. PL, • Glenn t. Cock. PL. • Robert a Schunicht PE •M . Bourdon. PL • Robert w. Roiene. PL and Susan M. CberlJa CAA^ Senior ConsuUams H Aiioc/Jft Principolv Howard A. Sanford. PL, • Kelin A. Cordon. PJ. • i H . Pfefferle. PL • Rkhard W. Poster. PX • David O. loskota. PX • Robert C Ruisek, KU B ; A. Hansoa PL • M^hael T. Rautmara PX • Ted K^ield. PX • Rennem P. Anderson. PX . I Rolfs. PX • Sidney P. Winiamson. PX. LI • Robert P. Kotsmlch • Agnes M. Ring • Mlcnaei P. Raa PX • Allan Rick Senmidt. PX Engineers & Architects December 30,1998 Offices: Sr. Paul. Rochester. Willmar and St. Cloud. MN • Milwaukee. Wl WeOsJte: www.bonestroacom Elizabeth Van2U>mereii City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay. MN S5323 Re:Glenn Gronberg Subdivision File No. 139-2430 Dear Liz: We have reviewed the preliminary plat for the proposed two-lot Gronberg subdivision. The site is located west of Willow Drive and north of Woodhaven Drive in the southeast quarter of Section 33. We have the following comments in regards to engineering matten. 1.Access: Access to the existing home on the property Is across a private driveway located on Outlot A between the Grcr.berg site and Willow Drive. The existing driveway has a gravel surface and serves two other properties north of Outlot A. Access to the proposed Lot 1 would be across the existing driveway. The drawing that was submitted shows the proposed Lot 1 abutting Outlot A at a 23-foot width. To be consistent with City standards we recommend that Outlot A be extended westerly approximately 280 feet at a 30-foot width along the south side of proposed ^t 2.A cul-de-sac should be constructed at the westerly end of Outlot A to provide room for emergency vehicle turning movements. The private driveway should be reconstructed to a minimum paved width of 24 feet to meet current City standards for a private street serving 3 to 6 units. Plans and specifications for any street improvements should be provided for review. Preliminary plans from MnDOT indicate that this property will be impacted by the proposed T.H. 12 realignment Plans should be submitted to MnDOT for their review. 2.Grading: A grading and erosion control plan for the entire site should be submitted for review. Erosion control measures should be in place prior to any g^ing. Additional erosion control will be needed during construction of the house and septic system. 3.Drainage: A drainage area map and drainage calculations for pre and post development conditions should be submitted for review. Phosphorous loadings leaving the site should be limited to a maximum of 0.28 pounds/acre/year. Storm drainage impacts to the existing properties south of the site should be reviewed. Ponding does not appear to be practical on this site however, some sort of best management practice (BMP) such as vegetated buffer strips may be effective in treating runoff leaving the site. Plans should be submitted to the Minnehaha Creek Watershed District for their review. 4.Easements: Drainage and utility easements should be provided 3 feet wide along all interior lot lines and 10 feet wide along the roadway right-of -ways. Drainage easements should be provided across any drainage ways. 5.Financial Guarantee: When the plans have been completed we can prepare an estimate of the total cost for the street improvements to determine the amount of the financial guarantee required if the City so desires. Please contact me at (6044863) if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOGATES. INC. /^TTf Tom Kelloggw Cc: Greg Gapoa. Citv of Orono •f 233S West Highway 36 ■ St. Paul, MN SSII3 • 6t2-636-4600 . Fax: 612-636 I3H Gny Fruhwaler Canter Hwys. 15 & 19, Navarre Man: 2500 Shadywood Road Excelsior, MN 55331*9578 Phone: (612) 471-0590 Fax:(612)471-0682 Email: adminOminnehahacTHlcorg Web Site: wwwjidnnehahacreek.org Board of fcbnegera Pa.T«laQ.B!!xt James CalkL*4 Lance Fisher hlonica Gross Thomas W.LaBounly Thomas Maple, Jr. Malcolm Reid Minnehaha Creek Watershed District J Improving Quality ofWater, Quality of Life 0 1**‘ t !•* ’ December 30,1998 • * * •• * • . Elizabeth Van Zommeren City of Orono P-0. Box 66 Ciystal Bay, MN 55323^066 RE: Review of Proposed Projects Dear Ms. Van Zommeren: projects in Orono which will be on public W *£ S- r?- '"“J permitsfrom the Minnehaha Creek Watershed District The following comments applyV There appears to be no wetland B&V nTD/ or floodplain impacts. U the project involves grading of more than 5,000 square feet -------- an erosion control permit will be required. ^A stomwater permit will be required to address the issues of rate control and VOCrT/ k ?n 7**’ ^ required around all wetlands. The width of those uir^n buffers will de^nd on the surface area of the wetland. If any filling, draining or acUvIty'"* **within the wetland boundary a permit will be required ^or that i“‘‘"*®',??^™»’*'»"*''«''®“’31.5willrequire.noodplainalte™^^^ Woso/tt, permit. A cut and fill summaiy would be needed to determine whether or not a net ^ A 2? ***« planned activity. • - *project will be required to provide BMP*s for stormwater management. ^ ^ alw be ^ **11’*^® 5,000 square feet is involved an erosion control permit will opportunity to comment. Please call me at 471-6282 if you have Sincerely, District Technician C:\FILES^commenti^Orono_l 2309t.doc K TO:Paul Weinberger, Assistant Zoning Administrator FROM:Stephen Weckman, On-Site Systems Manager DATE;December 31,1998 SUBJECT:Septic Review for Application #2550, Glen Gronberg - Preliminary Plat The proposed two lot subdivision includes septic system testing and design for two drainfields on each lot. All of the drainfield sites meet City and State Regulations. The Plat an existing residence which has a septic system that has been confirmed by the City as being in compliance will current Slate Rules. One future drainfield on this lot was tested by Swedhuxl Septic Service. The new lot has also been tested by Swedlund to confirm the presence of two drainfield sites. These drainfield sites are located on little or no slope and meet all City and State Regulations. Based on the above information, staff would recommend approval of the application. The City requires that all draifield sites be fenced off prior to any grading or land alteration on the property. Arlig Environmental. Inc. • ^ ^ * • • €^.4 L ai^Kx^t P.O. Box 1842, Minnetonka. Minnesota 55345-J842 Phone No: 612/974-9856 Mr. Glenn Gronberg From: Patricia Arlig (Pia^ Date December 30,1998 ■() Re:WETLAND DELINI a TION Orono . Minnesota •within (NE V*) of the SE 14 of SECTT0>* 32 TllSN. F.23W • • Arlig Environmental was retained to ccmclexe a v/e'Jar.ci delineation z-:. t.rz S:-^= r. referenced above. The property is located on the west side of vVdiDw _r."e s.r.c jus: «Ct*:n c. the Burlington Northern RaU Railroad tracks. A cul-dc-sac ends aeixr the house on the property. The owner plans to subdivide the property uio single family residences on adjacent and nearby parcels. There are ranroad n-ac::s n;a.* tne norLt end of the property. According to the Minricsoia Wetland Cor.3tr\'ai.cr. Act (vVv. A,, v.'edar.ws —i. - = delineated using the guidelines of the FEDERAL M.^J'^tJAL FOR iD=Ni-*'!7Nv, Wetlands (1 989) and the C orps of Engineers W'htland D hlinea -iw.;'. ..1a *. -; **' available maps were reviewed prior to t.-.e f.eid delineation Tnt Hennerir. County ma? designates the soil in the sire vicinity as Lesie'- ham, le Sueur loarr., loam, and Shorewood siliy clay loam which are not listed as hydrlc soils m the uSu.^ SL^ publication Hvdric Soils of the United States and as DuKdas s/rr .Vtt/n, 6;snc.irr s.-tiy c.ny ham, and Hamel loam which are Usted as hydrlc soils. The N^vl rra; sr.cv.s ^ (PFOlCd/PEMCd) for this property. Copies of the SCS and N*V/I maps ci tms Site \iwiJi.'’ attached to this report. My assista.nt and I Nisited the site Thursday December 17, 1998 to aeancaie tne wet!ar.os or. inc site. The weather was cold and cloudy. Typically, water levels are rngr.es. ui tne esUi/ g.v..—^ season and recede in the late summer. There was a light snow cove: cn :he precipitation in the project vicinity was slightly above normal :or the year. - i.v..Cipi.r- water levels would be below mid-giO'Aing season conditions at the time or t.AS ctunea::—. •^ The preliminary' determination of potential wetland edges was basec or. veit:a::c.:. . t.>'. checked for physical indications such as low elevations in ia.ndscape The sous wi-e testae by digging holes to a depth of *24" using a narrow bladed shovel at uplanc arc weiia.nc locations " A soil probe with a 3/4" opening w'as also used to retrieve soil samples icr uispection. 9S0SlM</_6>an^«ff Oroao Soil pits were made earlier that day for percolation tests. Several of Lhe test holes were open ana could be observed for soil color and texture. Soil colors were determined by matching them to a Munsell Soil Color Chart. The soils were examined for hydric characterisrlcs suc.i as: low chroma, organics, mottling, gleying, and moisture. Soil samples were observed at points mside the basins with some wetland characteristics, at the basin/wetland edge, ar.d mto the zones. The soil pits w; re marked with orange stake flags labeled “A" vnthin the weLand, ^ at the wetland edge, and “C” at the upland pit. Conditions at the soil pits near the deuneatew wetland edges are described on attached Data Forms. The wetland edge is usually determined to be near the poLnt where evidence of subsurface water is within 12" of the ground elevation, where at least 50% of the vegetation is hydrophytic, Mw where hydric soil is encountered. In the areas delineated as wetlands at this site, the identifiable vegetation was more than 50% hydrophytic and hydric soils plus evidence of wetian- hyuroiogy were found. Wetland 1 is mostly a Type 6 wetland with reed canary grass (Type 2) areas at die Sringe. The w-oland is designated on the NWI map as PFOlCd/PEMCd. The ssntland to a vanety of vegetaUon including dominants of mlimvs, sedKtzier, and reed canary toss There are ftms, willow shrubs a.id aspen near the wetland edge. There is some upland golden red (Sohdago *canadensis) just upgrade of the wetland edged. The soil characteristics were ^pical of Ha^. loam. There was no standing water in the wetland and no water in the pits. Ip*aced w'ue stakes with numbered pink flags at the edge of this wetland basin. I also placed wire stakes with orange flags at the soil pits noted on the auac.iec Data remu:. Th' flags are labeled “A” in the wrtland, “B” at the wetiand edge, and “C” at an uplmc pit. DatJ The flags are labeled “A” in the wrtland, “B” at the weUanC edge, ana c ar. y.w. Data Forms - Routine Onsite Determination Method were completed for conditions at the wetland and arc attached to this report. Other small patches of reed canary grass with aspen or willows were noted. However, those areas also included upland vegetation such as fescue, smooth bromc and oa..s. . toun only the one wetland basin described above on this prepeny. The Minnesota tules require that designers attempt to avoid wetlano impacts^ It yom ptos include HI or grading in the wetland basins, you will need a Wetland Alteranon Permit from Minnehaha Creek Watershed Distria (MCWD). The delineated wetland edge must be snowr. on your grading plan. Please contact me a: 612-974-9856 with any questions regaromg wetland issues for this site. 9S0t2*tt_Crtnbtrj Orono SCS map Orono, Hennepin County Gronberg property Gw' Ku DiiniUis silt loam Glencoe silty clay loa/v. Kernel loans ♦r M; cv. Lesrer hern Li .'wV_.* c .\fLv-e:o>:'io sHty cl:y lor.), ^lU'Vw*w,* •wtxv* from NWI map Orono, Hennepin County Gronberg property EXCELSIOR quadrangle DATA FORM ROUTINE ONSITE DETERMINATION METHOD SoUFit 1-A Field Investigator(s): Arlig Date: December 17,1998 County: HENNEPIN Plant Community: Type 6 Site Information: Glenn Groeberg,Plant Communin' a: this Point: Type 2 WiUow Drive. ORONO, MN MN DNR no NWI PFOlCd^EMCd Yes 2_ No_Railroad propert}* (embankment for tracks) just north of the wetland. Yard sairounding the wedarid is mowed grass right to edge of basin. May have been channeled in past, but not impacted late:}. Dherse vegetaizcn in mail bod>* of wetland. Test pits near ed^^ in shrubs. DOMINANT VEGETATION Common Name Species Name % Cover Indicator Status Stnaim 1.Reed canary grass Phalaris arundinacea |70%FACW+grass/herb 2.Black willow Salix nigra 20%FACW ]shrub j 3. Red-ozier dogw ood Cemus stolonifera <10%FACW shrub 4.New England aster Aster novae-angliae <10%FACW forb/herb 5.Trembling aspen Populus tremula <10%FAC shmb 3.Horse tail fern Equisetum arvense <10%FAC fem/herb 7. 8.1________ 9.i i Percent of dominant species that arc OBL, FACW, and/or FAC 100% Is the hydrophytic vegetation criterion met? Yes JC__ No__ Rationale: More than 50% hydrophytes SOILS Series/phase: Hamel loam on SCS mao Subgroup:* T>T>ic argiaQUolls. Undetenrined _______________Is the soil on the hydric soils list? Yes x Kc___ JsthesoilaHistosol?Yes_No x Hi^c epipedon present? Yes — Is the soil: Mottled? Yes__ No x Colors:_________ Gle>‘ed?Yes Matrix Color: 2/1 on lOYR____ Other soil characteristics: mucky, plant fi’oers Is the hydric soil criterion met? Yes _jt _No No A. No X Rationale: On list/ low chroma with organic odor/supports wetland vegetation .—— HYDROLOGY Is the ground surface inundated? Yes__No x Surface water depth: —f<?ui\4, Is the soil saturated? Yes very wet No__ Depth to (^'Standing water in ptt/soil probe hole: none in pit but gooDv/damp, List other field evidence of surface inundation or soil saturation, definite depression Is the wetland hydrology criterion met? Yes No__ v k \ Rationale: ASSUMED- Evidence that water has been at surface (maned grasses, curved trunks on smups)_ JURISDICTIONAL DETER-SHNATION AND R.ATIONALE Is the plant community a wetland? Yes _x_No Rationale for jurisdictional decision: on NWI map and All parameters met 98082»*r_Grma<r( Orono DATA FORM ROUTINE ONSITE DETERMINATION METHOD SoU Pit 1- B Field InvesUgator(s); Arlig Coun^; HENNEPIN Site Infonnatioa: Glenn Grooberg, WUIow Drive, ORONO, MN Dale: December 17,1998 Plant Community: Type 6 Plant Community at this Point: Type 2 MNDNR no N>^T PFOlCd/PEMCd Emironmental conditions at the plant community; Has the vegetation, soils, and/or l^rdrology been signiricairiy distuAen: i Yes_No _s Comments: SEE notes on Soil Pit 1* A. m asss DOMINANT VEGETATION Common Name 1.R?ed canary grass Species Name I %Cov'tr j Indicator Stares | Stratun Phalaris arundinacea j FACWV gmss/heib 2.Kentucky bluegrass Poa pratensis FAC-grass/herb 3.Black t\illow SaUx nigra FACW shnib 4.Fescue meadow Festuca pratensis FACU-grass/heib 5. 7. 8. 9. Percent of dominant species that are OBL, FACW, and/or FAC 100% Is the hydrophytic vegetation criterion met? Yes X No__ miMmm SOILS Subgroup;' Tvcic argiaouoils Undetermined___________ _— Series/phr se: Hamel loam on SCS man_____ Is the soil on the hydric soils list? Yes _2[_ No___ Is the soil a Hisiosol? Yes _No__ Histic epipedon present? Yes — No jl _ Is the soil: Mottled? Yes__ No x Colors:________ Glcyed? Yes _2_ \!atrix Color: too is 2/1 on lOYR. then'd- 3 ” 3/1 on lOYR___ Other soil characteristics; some roots Is the hvdric soil criterion met? Yes x No__ Rationale; On list/ low chroma'supports wetland vegetation HYDROLOGY Is the ground surface inundated? Yes__No x Surface water depth: — Is the soil saturated? Yes__No x but damp Depth to free-standing water in pit/soil probe hole: cot found, but \~erv damp. List other field evidence of surface inundation or soil saturation: at grade. hanae Is the v» eUand hydrolog>- criterion met? Yes _2L_ No__ . . /• l „ Rationale ASSUMED: vegetation and soils found, other evidence noted, appears to be at edtte of character.snes^ JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes V No__ Rationale for jurisdictional decision: PARAMETERS met 9$Ot2w€t^Cr0nh€rg Orocio DATAFORM ROUTINE ONSITE DETERMINATION METHOD SoU Pit 1- C Field In\estigator(s): Arlig County: HENNEPIN Site I^onnadon: Glenn Gronberg. Willow Drive, ORONO.MN Date: December 17,1998 Plant Community: UPLAND Plant ComrouniQr at this Point: upland MNDNR no NWI no_______ Emironmental conditions at the plant community: Has the vegetation, soils, and/or hydrology been significantly disturbed; • Yes _No _5_ ! Comments: SEE notes for Soil pit !• A DOMINANT VEGETATION Common Name Species Name % Cover Indicator Status Stmtum • 1.Kentudcy’bluegrass Poapratensis j 90%FAC-grass/herb 2.Dandelion Taraxacum officinale | <10%j FACU forb/herb 3.Common plantain Plantago major <10%FAC-r forb/herb j 4.Reed canary grass Phalaris arundinacea <10%1 FACW+grass/herb j .5. 6* i 1 1 1 7. 8. 9. Percent of dominant species that are OBL, FACW, and/or FAC <10% Is the hydrophytic vegetation criterion met? Yes__ No __ f tlian SOE-S Series/phase: Minnetonka/Shorewood siltv clav loams Subgroup: * M9lti<r Is the soil on the hydric soils list? Yes__ No __ Undetermined ______________ Is the soil a Histosol? Yes__Nojt__ Histic epipedon present? Yes__No jj— Is the soil: Monied? Yes__No_i_ Colors:_________ G!ejed?Yes —No_2i_ Matrix Color: 2/2 lOYR: Other soil characteristics: silty loam, sticky Is the hydric soil criterion met? Yes___No JL___ w ------------- Vnt nn lict Nn tmiioitnrc oth^r tK^ low chrOlllA HYDROLOGY Is the ground surface inundated? Yes__No X Sur&ce water depth: ____ Is the soil saturated? Yes___No X Depth to free-standing water in pit/soil probe hole: not found_________ List other field evidence of surface inundation or soil saturation: above change in Is the wetland hydrology criterion met? Yes___ No X Rationale: Water not found within foot of surface/ above grade change JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant rammunity a wetland? Yes No X Rationale for jurisdictional decision: PARAMt: t faRS not met 9t0t2w«r_Gr«nS<ra Orono M ;m : M-: \ i ’’A . A - ' -i -. ^ r\ ^ . . r.; .y'^:. • • >v<r •.'.'t-..aI ■ *'■ J? ^v tewmm ®-ti4»l IMi N ORDINANCE NO. ^ ORDINANCE TO ^ CODE AND CTJBDW^ cou ^ ■not TOE CITY COUNCIL OF ORONO OKDAINS AS FOLLOWS: -in AO \/fiin?cit Code SecdoQ 11.03 the cnrr w.- _______Ki;. or orivate road by another lot and :don 11.03, Subdivision z arc ^ , „a ■Loc-Back" - A lot typicaUy separated ^o'^cotSw'’S^h a s^^ jLieh gato access to *e pubUc or pnva« ^^ ,,uaot A sep^rf let is considered “, * ' | j. „i„n die corridor is pianed as °to be "easement back lot .an "easement oauR. iw . planed for access to a back lot. TON 2. Municipal Zoning Code Section 10.03 U anaended by adding Subdivision 27 which shall read as foUows. c hd 27 Special Standards for Back Lots ^'“^'"^'^^Jf^^j^^ivision that received L““efmed K section which were crea^as f „ „e following the'standards required in Section 11.31. Sub t/.si 5 of the Orono Subdivision Code: A. Dimensional standards for back lots shall be as foUows. 1.Lot area shall be 150% of the zoning district requirement. _l^P line Lot width measured parallel to *e ^“,^“.'*^f'at'aie front y«dstreet yard setback line of a toeshot . ^ joamg setback line of a id « front yard for ^7 district width requirement, 'ne I' access oudo back lot wiU be a yard sa-nng where *en^^^^^ej corridor ends and the iw ^ a,* lakesbore setback dic lot width standard at the sboretoe. at me line. and at the street yard setback Ime. 1 ( 3 Tlie depth of the requiied street yard or front yard shaU be 150% ■of the zoning district front yard requirement. lakeshote yard of a lakeshoce back lot shall meet the zonmg district lakcshore yard requiremenr. B DimensioiBl standards for ftont loB. A front lot created as p« of a lot division shaU meet all zoning district area, width and se“^ smlST «cept that the required side yaM of the front lot adjacent to the access outlet sh^ be equivalent to the side street yard requirement for that zoning district. C.Access requirements. 1 Access oudots shall be 30" minimum width, and sh^ be wide «o.S to accommodate <^ge. snow removal and screemng without encroaching on neighboring properties. In aoproving front/back lot divisions, the City may ttot both front lot and back lot share a driveway access access oudot if Couned determines that creatmg an adtoonal access to the existing sneet wiU be a potential safety hazard. Driveways within a back lot shall be located at least 10 from the side or rear lot lines of adjacent lots. No more rhan two residences may be served by a driveway located within an access outlot. No access outlot may be platted abutting an adjacent access except when the intent is to combine the two access oudots for creation of a pubUc or private road meeting City standards. D.Screening requirements. 1.Driveways constructed in access oudots sh^ screened by fencing or vegeonon at the all points to the rear of the required street yard of the ff » as to eliminate intrusion of vehicle headlights mto the si yard of adjacent lots. 2. 0. 4. 5. m tottmion of vohicle teadUghts into the side or tear yards of adjacent lots. E.flf^meSrSrT^oZ’ct^r^* r'fXwU additional rcquirenicnts: 1. Oicuu. .».miemres within a back lot shall be allowed no closer S-a neighboring property’s side or rear yard. 2 ,«,rnir^s shall not be allowed within the required saeet Accessory structures r^auired rear yard of a front lotyard of a back lot nor within the requixed re-r yar which abuts the street yard of a back lot. 3.No accessory strucmie shall be allowed within an access oudot. ^ m m___ section 3. Orono Mnnicipal Code Section 11.31. Subdivision 5 is hereby deleted and the foUowing language substituted in its place. A. JJOUDIC uuuui^v- 4WW,----- DMbl. froM. 1.U- DobW* of topography and orientauon. B Access from any anerial ^access exclusively ftom an arwtial roadway, wnere ' ^ (he to back into traffic on any anerial roadway. Front/back lot subdivisions. "Hag defined in this Chapter (see defimuon or U>^ conjuncdon with the Front/back lot divisions shall be aUo'*^jq the pubUc or creation of an outlot to provide acce«f c^ditablc lot area for private road. Such outlot shall not^ ^fj^ wjbdivisioos shall adhere to cither the back or front lots. FrontAiack lot subdivisio the following standards: f ( ■OAM * 1.Applicability. a Front/back lot divisions may be used whea existing property dimensions are narrow and deep, such that lot wid^ does not allow for a side-by-side lot split, but acreage is adequate to provide a "front lot" and a back lot without requiting an area variance when the area of the outlet access corridor is excluded. b.Front/back lot divisions may be used for individual "lot splits", but may not be used when subdividing a large parcerinto numerous lots if creation of a back lot is merely a convenience to the developer rather than supported by unique site factors. c.A front/back lot division shall not be allowed when any existing residence on a neighboring property abutting ^e proposed access outlet is located nearer its affected side lot line a distance equivalent • to the zoning district required front yard depth. 2.Dimensional standards for back lots shall be as follows. Lot area shall be 150 5S of the zoning district requirement. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the rear of the front yard setback line of a nonl^eshore back lot, shall meet the zoning district width requimment. The street yard or front yard for any back lot will e a vard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setbacK line and at the street yard setback line. The depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. The required side yard and rear yard depths for back 1°“ shaU be 150% of the zoning district yard The required lakeshore yard of a lakeshore back lo meet the zoning district lakeshore yard requirements. a. b. c. d. 3. °-4^«■=«?' ■*“' ** re<Tiiied side yard of le fto^ot adjaceoc to the »'f“ “ “e street yard requirement for that zoning district. 4.Access requirements: 5. a.Access outlets shall be 30 ’ mmimuin'width, and be wide enouah to accommodate drainage, snow removal reme^g Without encroaching on neighboring ptopemes. b. In aoorovins frontrtjack lot divisions, the City may require S* tonTlot and back lot share a driveway acc^ «cess oudot if Council an^idonal access to the existing street will be pee. . safety hazard. c.Driveways within a back lot sh^ be ^ from the side or rear lot lines of adjacent lots. d.No more than two residences may be served by a driveway located within an access oudot. c.No access outlet may be nre:5:n‘tffpubUc“o7”ri«te road meeting City Standards. Screening requirements and accessory that FrontAjack lot subdivisions shaU be designe standards of die screening requirements and accessory structure stan Section 10.03, Subdivision 27 can. be met. 6.The requirements and smdards of^s plat those frontAiack lot divisions which receive pr approval afeer January 1# 1994. SECTION 4. Adoption and publication. This publication. Pioneer and the Laker newspapers and shaU become e*cuve immediately up December Mopced .he CUy ^ , 1993. by a vote of 4_ ^y®* -0- ^ Jr., Mayo^ , ATI Oorothy M. Published in the Laker/Pioneer newspapers the week of 12/27/93. uni^r RUN DATE 12/19/96 HENNEPIN COUNTY PROPERTY INFORNATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PMS6491 PACE 15 BATCH SR2 PROP AOOR ONNER NANE TAXPAYER NAHS/AOOR M 3S-11D-2S IS 6115 •2AR5 NAYZATA BLVD H NASHINOTON SCIENTIFXC IND NASHINBTON SCIENTIFIC XNO P 0 BOX SAR LONB UKE NN 5BS5A SO 3S*11S-2S SI mt ••OSa ADDRESS UNASSXOHED ON RY CO ON RY CO SO SS-110-2S 41 0104 02400 MOODHAVEN DR HILTON N BIX HILTON H BIX 2400 MOODHAVEN DR LONB LAKE HN 56S54 o PROP ADOR ONNER NAHE TAXPAYER NANE/AODR SO SS-110-2S 41 0005 02450 MOODHAVEN DR X A EDWARDS 0 D X WALTER XXH EDWARDS 0 BONNIE WALTER 2450 MOODHAVEN LONO LAXE NN 55SS0 50 SS-110>2S 41 0000 02500 MOODHAVEN OR T H HYDE OLA HYDE TODD 0 LXESL HYDE 2500 WOODHAVEN OR LONO LAXE HN 55S50 SO SS-110-2S 41 0007 02550 WOODHAVEN DR 0 E 0 L X HUTCHINS 6E0R0E E I LINDA X HUTCHINS 2550 WOODHAVEN OR LONB LAKE HN 55S50 PROP ADM ONNER NAHE TAXPAYER NANE/AOM 50 S5>110>2S 41 0012 OOS05 WILLOW M N BEORBi L OSOOOO ETAL BEORBE L OSBOOO 505 WILLOW M N LONB LAXE NN 55S50 BO SS-110-2S 41 0015 00545 WILLOW DR N OEORBE L OSBOOO ET AL LARRY 0 OSBOOO 505 WILLOW M N LONB LAXE NN 55550 50 35’110-25 41 0014 00525 NXUOM M N BLENN 0 SANDRA 6R0NDERB OLENN H BRONOERB 525 WILLOW OR N LONB LAXE HN 55550 m Oi ^''.•a-o-'V PROP ADM ONNER NAHE TAXPAYER NAHR/ADM 50 55-110-25 41 0015 00050 AOMESS UNASSXGNED B N 0 S L BRONBERB BLENN H 0 SANDRA L BRONOERB 525 N NIUM M LONB LAKE NN 55550 50 55-110-25 42 0000 02000 SILVER VIEW M SPEAK THE WORD CHURCH SPEAK THE WMO CHURCH 515 JERSEY AVE S BOLDEN VAUEY HN 55420 50 55-110-25 42 0009 02050 SILVER VIEW DR J V 0 D H CROTTEAU JOHN V 0 DONNA H CROTTEAU 2050 SXLVERVXEW MIVE MONO HN 55550 ■iO oJ PfMIP AOOR UNHER NAHE TAXPAYER NANE/AODR so 55-110-25 42 0015 00050 AOMESS UNASSIMEO RICHARD 0 PATRICIA HEYER HXCNAEL HILBELXNX 05 BOLDEN VIEW M LONB LAXE HN 55550 72 55-110-25 14 0005 00401 WXLLM M CHURCH OF ST BEMBE CHURCH OF ST BEMBE 401 WILLOW DR LONB LAXE HN 55550 TOTAL BATCH 502 00014 •*■*!t' •V'-/■ ■».'v •1 1 3TUliIiT FILU-; ^ , LOlM&v). PERMIT RECORD p •t f • 4^ Application Date: Completion Date: 60 Day Deadline: 12/4/98 12/4/98 2/2/99 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Assistant Zoning Administrator DATE:December 22,1998 SUBJECT:#2443 Glenn Upton 3685 North Shore Drive Variances-Public Hearing Zoning District:LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:17,472 square feet (.40 acres) Application:The applicant has applied for after-the-fact variances to permit a deck located on the lakeside of the residence 40' from the lakeshore. The deck was constructed in 1996 following an addition to the house. The applicant has stated in his hardship statement he did not apply for a building permit because he knew he could not meet allowed hardcover. In 1995 the City Council granted variances for hardcover and lakeshore setback to allow a garage and living space addition to the residence. Variances granted were to allow the garage to be located 52' from the lakeshore, and to allow hardcover of 1,860 s.f (22.2%) in the 0-75’ lakeshore setback. The applicant had an original proposal to construct a deck in the location of the deck built without a permit in 1996. The DNR reconunended the deck not be located as proposed due to the 50* setback requirement on lakeshore properties. The deck was later removed from the plans. §2443 Cltnn Vpton 3683 Sorih Short Drh t lariancts hi9/99 Pagtl This application will require the following after-the-fact variances: 1.Section 10.22, Subd 1 (B): To permit the construction of a residential deck 40' from the lakeshore where 75* is required. 2.Section 10.22, SuM. 2 and Section 10.56, Subd. (16)(L)(1): To allow 1,897.6 s.f. (22.6%) hardcover where 0% is normally allowed. 3.Section 10.03, Subd. 14 (C): To allow structural coverage to increase from 1,888.75 s.f. (21.6%) to 2,034.75 s.f. (23.3%). Lot History: Most of the lot is located within the 0-75' lakeshore setback. The only portion of the lot that exists outside of 75' from the lakeshore is a 350 s.f. area. An easement has been created over a large portion of the lot to serve as an access drive for several lots that do not have direct access to North Shore Drive. Several variances have been issued to allow additions and a deck. Because tlie entire buildable portion of the lot is within 75' of the lake variances are required for any improvements. ANALYSIS Lot Area and Yards LR-IB (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,781 s.f.100'75'10'30' Existing Proposed 17,472 s.f. 8,742 s.f is within easement 53'at setback 152'at shoreline 40'32'30' The property consists of 17,472 s.f. A large portion of the lot has been dedicated as an access and utility easement. The easement is part of a private drive that serves 5 res'dences that do not have direct access to North Shore Drive. Note area of utilities and driveway easement was not included in calculating lot area per Section 11,03, Definition 24; approximate area of easement = 8,742 s.f. §2443 Glenn Upton 3683 Sorth Short Drive Variances 1/19/99 Page! Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75'8,380 s.f 1,751.6 s.f (20.9%) none (0%) 1,897.6 s.f (22.6%) To allow hardcover to increase by 146 s.f 75’-250'350 s.f 0 s.f (0%) 87.5 s.f (25%) 0 s.f (0%) none 250’-500'0 s.f 0 s.f (0%) Os.f (0%) 0 s.f (0%) none 500'-1 COO’0 0 0 (35%) 0 none The i^licant has requested an after-the-fect hardcover variance to allow a deck to be located within 75' of the lakeshore of Lake Minnetonka. No improvements have occurred outside of the 0-75* setback. Structural Coverage Total Lot Size Total Structural Coverage Percentage 8,730 s.f Existing:2,034.75 s.f w/o deck addn.: 1,888.75 s.f 23.3% 21.6% The deck has increased structural coverage by 146 s.f The preexisting structure is legal, as the site plan was approved with variances in 1995. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant has included his statement of hardship in Exhibit A. The applicant should also be asked for his testimony regarding this issue. i^2443 CUnn Upton 3635 Sorth Short Drht yartanctJ 1/19/99 Page 3 Issues 1.Approximately 8,742 s.f. of utility and private driveway easement area cannot be credited for lot area nor can this area be used for any residential construction. 2.The only area available for residential construction is located entirely within the lakefbore protected area. 3.Variances were approved on this property to allow an addition of living space and an attached garage. TTie original plan was changed following the DNR recommending all improvements occur behind the DNR setback of 50' from the lakeshore. The new deck would be located only 40' from the lakeshore. 4. 5. 6. 7. The property is served with sanitary sewer. The deck was built without obtaining a building permit from the City. Applicant has installed a sliding glass door in the location of the new deck addition. Construction of the new deck has increased the size of an existing deck from 146 s.f. to 292 s.f. The previous deck is legal and did have permits issued by the City. STAFF RECOMMENDATION Staff is recommending denial of the application based on the new deck being located within the 0-75' lakeshore setback. The hardship on the property was created by the applicant constructing the deck without obtaining permits. In the applicant's Statement of Hardship he has stated because he could not meet the City hardcover requirements, he did not apply tor a building permit. U244S Glenn Upton S6S5 Sorth Shore Drive yartances 1/19/99 Page 4 J Attachments A Application/Statement of Hardship B Site Plan/Survey C Location Map D Site Topography E Plat Map F Hardcover Worksheets G Deck Plan H Elevation View (Lakeside) I Floor Plan J Planning Commission Minutes - March 20,1995 K City Council Minutes - April 10,1995 L Letter of Reconunendation from the DNR M Property Owners List N Permit Record »244i Gltnn Upton S685 Sorth Short Drtvt Variancts 1/19/99 Pagti A Application#••• crry of orono - variance application . Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION . She Address £>h Date Received M Amount Paid /o, Property Identification Number (P.l.D.) OF //7 ^3 3H Attach legal description to application if not included on required survey. Date Property Acquired,AotuiL __!_______________!_________(monthtyear) I (do) (do not) also own the'adjacent parcels of land. Present use of property:residential o ther (specify). Zoning IXstrict: ________________________________ Phonefhome ) V7/^ ____ _____________________________ Phone(woric)_____________ Address:hJO Ch City: ^hht'lO Zip: APPLICANT n ,J I Name L.~oy\ OWNER (if diflferent than applicant) Name _________________ Phone (home). Phone (work). Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Conslmction Cost $ G^0 •, Describe request in detail: ^JiCLU^cl ^t2.c-K (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front ^ Hardcover Lot Coverage Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: X C<x.n act /Ag -f-(attach additional sheets if necessary) mi\ V % CO L—1 D>«cclptApn LOU * •!»«'*• “Cty^tol Mach’i and'all of Lot .a. dloek 1. Iccordiii9 to tho plot thorooC oo Clio or of rocord in tho •fClco of tho County Poeordor in and for said County. Ml^tKat par€ of abandonad County ttata Aid Highway Ho. 51 lahewn aa County Hoad in tha plat of -Crystal Haach*J, Ohicli liaa oaatarly of tha aaatarly llna of Hlock a land tlia aaoa oatandadl in tha plat Crystal Hay Viaot northuaat- arlv and northarly of tha astanaioas of tha nocthaastarly and aouthorly Unoa of tha followinf dascribad kractibnta H ind ?• •Cryatal Haach*i Ml of Lot !• Hlock 1. .^CryHtHl Hay Vla«^# Hannapln County, Hlanasota aacapt .Hbat pott ol aaid bat a a^racad in Iajl 7 of•*.Xtystal »• ^ ••• -V ,• *r ‘k • ^ A.f w >w .x*.> • -- p ii Iff lATS i«^.[♦^ *11''•'vA':;*;/:::^ .v •* VftC'^XtWort. 1 #»>. V >: '>&ti)^!irK I ..?-^7‘r.'.V >;i'> *■ J^ MAUATOHH** *•••••••m m m »«.*••••• ocm Line •• OEvni u «Nni \ 400 F(l BOO rWtHCH I no •;*^*'-V •t'*:'^ A GZ3iHIIDEXEX ,240 J»0«i MINNETONKA'v-.v'.;-_ r-i • :':u,vB^CH iiAMfenet SI E. 0 . ,. 921 6 •• 30 1J * 7»] <0 69 wLYOIAW)'^ ' Vfe-^\PARK \ 5 33-^ ' Hi ”r^ / ' ^'>-JMmu / / ?: X So "(60)k % |5'§1 50 it 33 m su 273 _ ^ S'•> 3 ?(58) 2 •1 Oft•1 r.s 12 fV4 643^ L.J\ J / \^>^T J_L <s X \ \ T 2. BLOCK I CRYST/5/L bay view fv^ . A( 10) \K 5..j®„Jil_65„.J[ Is 8 8 255 245.44 8 205.41 8 (14) ............. ®(15)V 8 215.2 ~ 33 33 il* 200.13 iv.a6 P? o (16) 8'^ m »’----- '"i§ (17) , S '“' 'H—j "Ti...........S 185.25 N (18 )J 12 S' 8 @ 175.4 J^) 8 ^YTgnNC HAPnrnvKR m ZOm A.House ^-------- F hardcover calculation worksheet I ^ ^ RCLE ONiD (0^75-250’25-500’500-1000’ 83XOH •w LeofTti>?.9 ^Z£ IT^S X X X Widch s?.g J./-? / g.o K1 1 Garage Driveway •XX. l>X c.. S___X X N^‘'J D.Sidewalk jSr^.X X F PatIo< Deck /A i.X X F Landscape Underlain By Plastic Other X * •X • •X • G. • X /A TOTAL HARDCOVER IN ZONE TOTAL PR^ERyr ^EA IN ZONE ppnPOSFP HARPrQVlffR IN ZONE(^ A. House _ ^- Length Width B.Garage C.Driveway D.Sidewalk X X X E.Patio/Dcck _________________T& t^cK F.Landscape Underlain By Plasdc X X X X X X X X X /A G.Other TOTAL HARDCOVER IN ZONE totalinzone ^.■X 100 ij cS.F. / *7m ^■S.F. i? / - 360.S.F. / oi ?.;. SJ. /P’i C^. r B Xioo =■ S.F. S.F. S.F.(f S.F. S.F. /75/ S.F. S.F. S.F. S.F. S.F. • S.F. S.F. % A B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.T, S.F. ^ g p' i ’ • ’ V •* •4 •• •• •4 r '>*. .• t S.F. S.F. S.F. S.F. S.F.=*!: S.F. T* J % •? *••• • i:-ir s- ' I ••• to f.% I I :• u•*- i • I ••.. t' i »5r. i.! * / Si it I V •#. < ••• i.v.‘ M• • 'I.. • i« : • ••! ••In. % *T ? i‘ I»• ; :?• F •••• r? i;%%• ? » i •; • * « if : h •f• Vr• • • •« • •• \ : !*. r. !RECOVER oicULATllH'W ’ V' 'v' ’ 7-/7- ?v SETBACK ZONE! (CIRCLE. ONE) ;0-75' ( J) 250-500' 500-1000'* *'• i. Existing H ardcover 'iri .Zone At * H ouse L^GTH %. • #• • B.Garage Ct Driveway Ot. Sidewalk * E.Patio/Deck Ft Landscape- areas ‘ UNDERUIN BY • , . FUSTIC * SHEETING Gt Other SiFt WiDtH X*. 1 X ••• *••• S.F StFt. StFt StF S t F t*‘ StFt St Fi ••• _ S.F. S.F S.F. S.F •••StFt StFt StFt •»•*3 StF» . •• . Total Hardcover in Zone Total Property Mea 'in Zone • • • 1 • 0 .. ' A m • >7^X iro - ___ StFt _StF. (3 * L-S.F. I bJ • • •• •••• o •% . j I i V !>) jv .T.-Vy14 llva'r^'s!-.*. 0 Jg i' » — if<'. y ---------4-‘ ■ ---------'•ft -It j :| I >-11 :i •; • I ! ;i • t •* #• ii •1 *iV:.- »- i I f! '! l'' i I I !; 1 ‘ 'I! ! *1 I < ’ V.iioiJ^.cpij Po nrA i ^ff, All fheJJ (If g?);.; 3t ’Vl»- ^ Posh f I I • I • fo\>^-------jVi pv-vrf ^; ! Plcun -Tov- De-cK Adclifion ix X <?lenn C. 3^8^ NO. SfiofeDH ORONO, M w 553<?/ .. > I.'.V \. ir;u /9/i \ U! C I (? nn C L/ p / o n Z^SS" NO Pl" O^owo^ Ai■5'5T3 <7/ ^ /il t>t,• , ‘»^’r‘ '-•'“"v,;'’ « Viw % NtvV ADo/tlo/./ AMD QAdACrE f.-_ .. y -'I I f>Af«o poo/:,' -■■•. -y I ! fjAiio PMKI /m j ■ *, •■ •’. •: II li ' •' r !i ■ '• ''ii ^ ■ i: !| :! i I I 'i ! ;'i Li -if - ••» J » fxI*5fiA/on‘T*“ V av.3. ..-vt= II 1^ (99C ':1 ••_ fnh\ L«/Cf ••••t SO' .U.Ht #1 •• r.‘ r-A Sf ^ —if /I ^ • • " i”=y=i f ■_______1 (jah<xq € • Ui Uni ■11'---------»- Siax 23. /<7<?5' VOW COrtCor^u>i^ ’Ajjiftif to DtcK -L fj0ri'0 Poo*^iHoh /[JcWhen /f<?C F/o iy«Hf d ('no PU'i't)J / •;»- -1 yi n . -» %*• f y’P ’/A< !M9 - j I• ♦ 9js' A^/ /A? . tZo0-^ •J, .‘4f.——«----f------ ••• * :)c/5Tin(^ • D^-cK Ex /'sT;nc I9gi-t. 'Hoi^se-- i /f/2. ., #.• • » M ^ /«/?n C- iJfitof) : ids Ho. Shon Dh OROIOO, /^h) SS2<^I NIINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 20,1995 (ff 1 - #2000 - Cortlen Cloutier - Continued) Schroder moved, Peterson seconded, to table application #2000. Ayes 7, Nays 0. (#■») #1950 GLENN UPTON, 3685 NORTH SHORE DRIVE - VARIANCES - CONTINUATION OF PUBUC HEARING 7:53-8:03 P.M. The Applicant, Mr. Upton, was present. The application originated in the summer of 1994 for an increase in hardcover in the 0-75' setback requiring a variance for a deck. The Planning Commission denied the application. The appUcant asked to go back to the Planning Commission with an amended plan. The amended plan is for 192 s.f. of additional living space and 484 s.f. for an attached garage The amended proposal is for 52* lakeshore setback, where 75* is required. It does meet the minimum DNR required setback of 50'. A hardship Ust is included as well as a petition from the neighbors which support the second proposal. John Erickson asked where the property was located from him. Erickson asked about the garage location, and how the proposal affects the deeded access and the public right-of- way. The original garage is being removed, and the new garage will be attached to the side of the house. The applicant said that the land crossing the public access had been deeded to him by the county. Schroeder said that this issue does not affect the application. Rowlette informed the applicant of the city ord'mance disallowing any boats larger than 20’ to be stored outside on a property. Schroeder noted the 68 s.f. increase in hardcover in the 0-75' zone with the remainder of the increase in the 75-250’ zone. He also noted the attempt by the applicMt to meet as many requirements as he could and the large number of hardships pertaining to the application. Peterson asked about the status of the survey and side setback. It was determined that the survey had been updated last year with the ^g of the current application. Mabusth and the applicant confirmed that the side setback requirement was met with 11 V Nolin asked if the applicant was willing to remove the shed and other items located in that area, which the applicant said he would. Smith moved, Lindquist seconded, to approve applicant #2950 as amended with the condition that all hardcover removal be completed prior to construction to include shed and miscellaneous hems. The access garage could be retained until the proposed attached garage is completed. Ayes 7, Nays 0. (Public Conunents - Continued) Call3hene:tpr^.jl^e^C0 “^^^^^ blwll* V» OII«* •1 n^Afl r-“:be‘^« Ccnunit.ee. effons were within the open Space philosophy of the City. ZONING ADMIMSTR.\T0R'S REPORT (#£) «9d0 GLENN UPTON. 3685 NORTH SHORE DRIVE - VARLV.CES - resolution #3547 Mr. Upton was present. Ntabusth repotted that the applicant p1-, before the PlanninS Cot^.«.o« “ «t'3Xp“S“r L addition of 195 s.f of Comirission unanimously approv —jo an additional 68 s.f. of living space and “ * based'onlhe removal of several structures and pavings^ Thehardcoverin the 0-75' zone based on «e remo tu easement. 550 s.f h^dcover in the 75-250'Se Xre are no other variances ______ requirea. 1------ Goetten aslt»d lor clarificadon “ ,he garage is pt^t tt^re can be placed. Goe««.« hardco^r in Ute 0-75' zone but realized dte limi.auons of Ute property. Upton commented on a petition from neighbors in support of the project. .. . • _______*Vi* ri Upton commenicu wu • t'------------- jabbour commented on *e efforts made by the appUcan. in meeting the requnements of the City. Goetten agreed.inc V..U?. ------------------ Jabbour moved, Goetten seconded, to approve Resolution «3 547. Ayes 3. Nays 0. <.«) *2003 ART & KATHY HENNINGSEN, 975 TONKAWA ROAD - vjSlANCES - RESOLUTION #3548variances - Jabbour moved, Goetten seconded, to adopt Resolution #3548. Ayes 3, Nays 0. PHONE NO. M STATE OF ^DEPARTMENT OF NATURAL RESOURCES METRO HATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 F«LENO September 8, 1994 Jeanne Habusth City of Orono P.O. Box 66 Crystal Bay, Minnesota Oa_ % 55323 RE: GLEN UPTON VARIANCE REQUEST (CITY #1950) , LAKE MINNETONKA, CRYSTAL BAY (27-133-21), CITY OF ORONO, HENNEPIN COUNTY Dear Ms. Mabusth: I have reviewed the above-referenced variance request and recommend that the city deny the request in its current form. The DNR would object to any new structures or additions, including decks, being proposed on this site within the minimum state setback from the lake of 50 feet. It appears that a reasonable addition that meets the 50 foot lake setback could be constructed on this site by shifting the proposed addition away from the lake. We would not object if the city approved a modified plan that is outside the 50 foot setback, assuming that the applicant has demonstrated hardship. The courts have said that the applicant has a "heavy burden of proof" to show that all the prerequisites to the granting of a variance are satisfied. This is because a variance allows property to be used in a manner forbidden by the ordinance. The Department should be advised of the action taken on the above request within 10 days of final action and a copy of the official record should be forwarded to this office if the variance request is not denied. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist CCS c: City of Orono Shoreland file AN EQUAL OPPORTUNITY EMPLOYER RUN DATE 11/25/98 BATCH 5*3 PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR PROP ADDR OWNER NAME TAXPAYER NANE/ADOR PROP ADDR OWNER NAME TAXPAYER NANE/ADOR HENNEPIN COUNTY PROPERTY INPORHATXOM SYSTEH PROPERTY OWNERS LIST REPORT NO. PIA5S8B1 PAGE 9 38 88-117-23 34 8858 03455 NORTH SHORE DR A 8 D HAGEN AL 8 DONNA HAGEN 34ns north SHORE DR WAYZATA HN 55391 38 88-117-23 34 8853 03483 NORTH SHORE DR R C RESSLER I S RESSLER REX 0 RESSLER 3483 NORTH SHORE DR WAYZATA HN 55391 38 17-117-23 21 8811 83785 NORTH SHORE OR KRISTINA H ERICSON ET AL K H ERICSON 8 J H POHTILLA 3282 GROVELAND SCHOOL RO WAYZATA HN 55391 38 88-117-23 34 8851 83449 NORTH SHORE DR WARREN E BERO ET AL W/L EST WARREN E BERO 3449 NO SHORE DRIVE WAYZATA HN 55391 38 88-117-23 34 8852 83475 NORTH SHORE OR HARRY SKRVPEC HARRY SKRVPEC 3475 NORTH SHORE DR WAYZATA HN 55391 38 88-117-23 34 8854 03485 NORTH SHORE DR GLENN C UPTON GLENN C UPTON 3485 NORTH SHORE DR WAYZATA HN 5539*. 38 88-117-23 34 8841 80838 ADDRESS PENDING HENNEPIN FORPEITED LAND COUNTY OP HENNEPIN 38 17-117-23 21 8812 01428 SHADVHOOD RD J C ERICSON ET AL JOHN C ERICSON 1428 SHADVHOOD RO WAYZATA HN 55391 TOTAL BATCH 583 88888 1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE^ REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON T« RECORDS OF THE HENNEPIN COUNTY OEPARTHEHT OF PROPERTY TAXATION# TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE 3 Pernit No litM Se3Ji gT2>>? L lD.n JiUu- PERNIT RECORD Date Type of Permit 'h -/1 - \}oofi4JLp 8 -3/-^4. mi/-(IjJ' ^1' Ulo S’ S-Of-q^ n JA'JXd-Aj /^- 9S^ Pi>/n Jw/jJ^ /?y ' Application Date: 12/11/98 Completion Date: 12/11/98 60 Day Deadline:2/9/99 TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Assistant Zoning Administrator DATE:January 7,1998 SUBJECT:#2445 Robert S. Gehrman 4300 Sixth Avenue North Variance-Public Hearing Zoning District:RR-IA Lot Area: One Family Rural Residential District (5 Acre) 10 acres+ Application:The applicant has been issued a building permit to construct a 36 ’ by 77' accessory structure on his property. The building would be located near an existing 20' by 60' accessory building. Both buildings are located well behind the principal residence in the Rural Residential Zoning District. The new structure was designed to be located 10' from the bam on the property. City Code requires a minimum distance of 10' between structures. After the building permit was issued the applicant contacted the City about connecting both structures with a 10' by 10' walkway. By connecting the stmetures both buildings would be considered one structure. The maximum allowed accessory stmeture on a lot larger than 9 acres is 3,000 s.f. The total combined square footage of the old and proposed structures would be 4,072 s.f. The applicant has requested a variance to allow an oversized accessory structure on the property. Pertinent Ordinances: Section 10.03, Subd. 9: Accessory Stmetures %244y Robtrt S. Cihrman 4300 Sixth ,4\enue Sorth Variance l/!9m Page I This application will require the following variance: . . 1.Section 10.03, Subd. 9 (C)(2): The Zoning Code allows one oversized accessory structure on a lot. The maximum size allowed on the applicant's lot is 3,000 s.f. The proposed additi on would increase the size of the structure to 4,072 s.f. Lot History: Mr. Gehnnan's property is a combination of 4 separate parcels. All 4 parcels have been combined into one tax parcel. ANALYSIS Lot Area and Yards RR-IA Lot Area Lot Width Rear Yard Side Yard Street Yard (5 acre) Required 5 acres 300' 100' 50' 100' Existing 10 acres+ . 271' 500'+ 80'+ 400'+ Proposed The proposed structure .meets all required yard setbacks. A ALYSIS Variance STATEMENT OF HARDSHIP The applicant has included his statement of hardship in Exhibit B. The applicant should also be asked for his testimony regarding this issue. A.Surrounding Properties The property is located in th RR•IA (One Family Rwal Residential -5 acre) Zoning District. The RR-I A Zoning District is intended to provide a district hich will allow a combination of lo density residential development and imited agricultural activity. The locality is rural in cltaracter and zoned the same. The proposed location has been approved and a building permit issued for the· build·ng. The only portion of the construction that req ires City approval wo Id be the 10' by 10' II.JJS Rob tt S: G�lrrman -IJ00 Siith Awnut �·orrhPorlaM, 1119199Pag•.2 « . walkway between the buildings. B.Restrictive Covenants Section 10.03, Subd. 9 (C)(3)(c) requires property owners file a restrictive covenant on their property stating the following: A.No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. B.If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. C.In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. C.Home Occupations The applicant has stated he intends to store antiques in the structure. The Zoning Code does not allow storage of inventory intended for retail purposes. Last year the Planning Commission discussed home occupations. If the Home Occupation Ordinance were adopted by the City Council as discussed by the Planning Commission, the RR-IA District would allow storage of limited inventory, but not any retail use. Issues 1. 2. 3. 4. A building permit has been issued by the City Building Official for the accessory structure. The locality is a rural residential area. The property owner would be required to file a restrictive covenant on the property. The building would be located 400' firom 6th Avenue. Natural vegetation exists that would U2445 Robert S. Gthmum 4300 Sixth Avenue Sorth Variance 1/19/99 Page 3 ■-at., f . screen much of the buildings from adjacent properties. STAFF RECOMMENDATION Staff is recommending approval of the application based on the applicant's Statement of Hardship, and the development is consistent with the intent of the rural character of the neighborhood. Attachments A B C D E F G H 1 J Application Statement of Hardship Site Plan/Survey Location Map Site Topography Plat Map Elevation Views Floor Plan Property Owners List Permit Record 1 B24J5 Rob^ri S. Cthrman 4300 Sixih Avtuue Sorth Varianct 1/19/99 Pagfi ship.Application# • • • Date Received I3»— H-<^9 Amount PaidCITYOF ORONO - VARI^CE APPUCATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from ori^al application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION - ,0 / ^ i Site Addre8 5 OS'^ IXf t/L-[/a YO Propetv Idemificalion Number (P.l.D.) hrU Zu ~ Attach legal description to application if not included on required survey * ?/i* ______________rmonth^eart I (do) (do not) also own the adjacent parcels of land. Present use of properQr: X residential Zoning District: other (specify) APPUCANT Name Address: ^’i .L^ ^ r\ e../Phone(home) ^ t-0 PhoneCwoilc) ~ A / _____ City:lri}i______Zip: 6*535^ OWNER (if different than applicant) Name Address; Phone (home). Phone (work). Zip:. DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $ 3\7 tno (attach additional sheets if necessary) VARIANCES REQUIRED ____Lot Area *.% Lot Width Setback:Side Hardcover Rear Lot Coverage •V ^ Other (specify)•A ■If Average Lakeshor^.,^ v .N ^ a-HARDSmP/DESCRIPTION OF UNUSUAL PROPERTY CONDinONS Describe undue hardship or practical difficulty or unusual property conditions, preventing compliance with Zoning Code requirements: ^ nTir L -6 • 5n Lc 77 (attach additional sheets if necessary) . . Orono Planning Commission City of Orono Da�: December 12, 1998 Re: Application for a variance. I wish to construct an accessory structure that is 36 x 77 on my residence at 4300 6th Av. North, Long Lake. I live in "rural" Orono and need .a variance with two aspects. 1 . wish to put a connector betwe.en my existing barn and the new structu e. I have a lot of stuff that needs to be stored out of the weather. This includes a farm tractor, farm equipment, numerous trailers, a log splitter. and a lot of antiques. If I can get the equipment inside, it will de-clutter my yard and make it look better for my neighbors and myself'. I can construct the shed as a free standing building, but with attachment, the combined size exceeds the foot print square footage allotment. The connector wi I allow me to move between buildings more easily. 2.Some day I wish to get a motor home or RV and store it in the structure. I am apply'ng for 14 foot side walls to insure the necessary height for the vehicle. I addition, I wish to put a loft in half of the building. The added height with allow the height at the side wall to be a more usable 6 feet, instead of 4 feet. My property is well screened to the w·est, north and east by the ring of trees encircling my barn and by a large marsh to the north. The new structure's visibility will be very limited and I have the approval of my immediate neighbors. Bob Gehrman • c_) • • Scale: l''•ioo' . . � ..,•• �\ � I' ' \-t I \ ' / \ I � � .. ' I,� I.If)! • I I I' ,, I I .I • •. I I . �, ·.: I•. I \ I• • ,/ I . , ,. .... -· I I v-J I Tli C, \l"r v,tt\f co' C>erwu,J . .. . '. . . • ., '. ,. ' ( I .,. .. \ \ \ __ __J__·\ . \ /llorr ol--o\ SCA� \ \ • • • . .. • \ \ • • \ , \ \\ DI .. PL a .. s 4CO11 .... ----CMIPPRALA ······-············-······· •• •"'.. �4' ·· ... ... � I ·• •• � C) 8 ••• � ; FOR1 CII O � , IATSl)I ID 0 -• :I !,. "'•�r.- -� , -�· .... . ' . •oo A • •• I •· " . . .. .. •r ... .,. ·-"·WIST w•c• IID . - ... C -... ... ! = I • D-c ... - -I " ORONO -' I • I FOi 0'·3 ) X 919.9 )I • Bl 7 0 I ·� ------------- x 978 9 990 I 98 )I ii. ^i« *1 30'|l6-3i3-@) 30-llS-.-W3 IKH- 2 3 1 “ H. t:>X:;::vX;:;:v:v:;;;:::v:;::>:v:v:::;:-:-/ :s'->;<-;>:;-x<w;»/;-;;v;-: •>;•.•;>• % • • «••••••••••«-......... » • • « • • • • • • /A ••*•*•• t • •. f • • • - *•*•*•*•*•'#*• •«•••• # • • • - * • ••«•• •'• ••««••• «%.••• • • •_|& • * • • •.•A r.-. ,\V.*.*.V.V :v:-:-X':*:v ‘ vy 5 .‘.v.-. • % • % * 'V v.\sv.*.\• •••••• *1 arnmm^ 1 (19) * * * 1 v-;x-;*x .1 • •»•••• * • €««•• ******** T»nr i (.■9, i (W V: :i (H) 1 i V 31 Its a (to) »r^ 31- Ciii >13 Cl (12) / X j i i. • V *\\ m > CO m r”m < > Cl Mu o»« 8 •Oe •TH iVa 3 ,w^ :v*3 if«l ^ •s| _/S -4_ 4o §3o I i 00 S P? m CO m m < > Oz COo JO m m > iill \ \ \ \ \ \ \I • • b I b 9'-10 112· .., •-�•A= l&I c z •�a = u. I S ('!.-0 -�10·-o· . I . 1 1 e� tiil 11e1-liil �-�-0 0 --�-'10·-o· 10'-o· I I 11•�-0 -)J 1'-r . I �-... ' ,.._ --... I 11•!till -r-r • s • 2 i l'°1'-r T-g•I I • �--�--+--�---�'±1-+ --., C I 22·, C -22·, I o - - - I I 22·• a a , --22 22 ·, 22·, 22·, .. I �.r-1 112· t I !2'-4 112· .t:=��:...,_----J---½ I • - 0 � r-4 112·i I 2'-1 112• I 1 .• & (ABO\f:) 30•, @ 30•, @ 30•, @ ·, 30•, @ 30•, @ 30�f @ 30•, ® �-0 -I g I ::: O') I.. c.o �6'-10 112· -* @ I f I I I I 'I .t!.-0 - b I in 0 I "' - -. --I I I I "l I I I I o -1--,:, . ,. "' - I . I l'n • O�O" --,f§--,L t-- M_-,�22_·, 22·, --I c - •• .. --- --- -+-- - 10•_ ...., ,,,J: ,� ,_ � ; I �1•-0• VENTED SIDEWALL OVERHANGS-6 .. ,'R_ � -------- •NOTE: 7/16. OSB SHEARWALL LOCATION(SE£ SHEET 6 Ot 8) ••uotr: OIMEUSIC�,s A.�E TAKEN FROM EOCEor EXISTIUG BUILDING NAIL ERS . I I _J .--T,afllOGtCAI' �-- 0-I _, 1 RUN DATE 12/1R/9S HENNEPIN COUNTY PROPERTY XHFORHATIOH SYSTEH PROPERTY OWNERS LIST REPORT NO. PIASMtl PAGE IS BATCH SG5 M PROP AOOR OMNER NAHE TAXPAYER NAHE/AODR 50 3#>110-2S 34 0101 00030 ADDRESS UNASSX6NED KXP A NELSON KZP NELSON 450t HATERTOMN RD NAPLE PLAXN NN S5SS9 30 S0>110-2S 44 tOOA 008SS HUNT FARM RD huntxnbton farh hone owners LARRY NCCARTNEV 755 HUNT FARH RD LONO LAKE HN 55355 SO 31-110-23 12 0005 04205 SIXTH AVE N CHARLES E URSOH CHARLES E LARSON 4205 5TH AVE NO LONO LAKE HN 55355 1 PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR 30 31-110-23 12 0007 04250 SIXTH AVE N KATHARINE S COLOROVE KATHARINE S COLOROVE 4250 SIXTH AVE N LONO LAKE HN 55355 SO 31-110-23 12 0009 04320 SIXTH AVE N F L DETERHAN ETAL FERDZHANO L DETERHAN 4320 SZXTH AVE N LONO LAKE HN 55S55 SO 31-110-23.12 0010 04340 SIXTH AVE N C S WXLLZANS I E R HXLLZAHS CRAZO 0 ELZZABETH WZLLZANS 4340 5TH AVE N LONG LAKE HN 55355 PROP AOOR OWIffiR NAHE TAXPAYER •NAHE/AODR 30 31-110-23 12 0011 04350 SZXTH AVE N DIN FLZES JR DONALD 0 NAVAL FLZES 4350 5TH AVE N LONG LAKE HN 55355 SO 31-110-23 12 0015 04220 SIXTH AVE N R I J HANNZNO JR ROBERT C I JULZE HANNZNO JR 4220 CTY RD NO 5 LONG LAKE HN 55355 30 31-110-23 12 0010 04300 SZXTH AVE N JANES E CARPENTER JANES E CARPENTER 4300 SZXTH AVE N ' LONO LAKE HN 55355 PMP AOOR OWNER NAHE TAXPAYER 'AOOR 30 31-110-23 12 0022 04300 SIXTH AVE N ■ ROBERT I HARZLYN CEHRHAN ROBERT S GEHRHAN 4300 5TN AVE N LONG LAKE NN 55355 30 31-110-23 IS 0013 04300 WATERTOWN RD janes jay JOHNSON I WIFE JANES JAY JOHNSON 4300 WATERTOWN RD NAPLE PLAIN HN 55359 30 31-110-23 24 0001 04400 WATERTOWN RD TIN SWEEZO TINOTNY N SWEEZO 4400 WATERTOWN RD NAPLE PUZN HN 55359 PROP ADDR OWNER NAHE .TAXPAYER NANE/ADOR TOTAL BATCH 505 00012 W i X a u\ o SJ\1 H^OD 0^ p,^c. Mk. PERMIT RECORD T •••. Permit No.Date Type of Permit /D-9^3 n^H -7- /ir-fcy firrr. C'iAf'AG^ ///3 • _____s-n-b(._______pt,ab MLSH.__-______ J m_____ ^<ioi __________------ _________U-J.O.SJL sTSl&US.___ ..^il3.- JiPJSS — ■II -lO-TL ^■/3-7 <i ______Sz^^— f'wr.^oAtT -^-d&ejjzeji/a — &tsjp. ZA^lZ^. lb-^Tr^'7 /OS'S'o •f Date of Application: 12/15/98 Date Complete:12/15/98 60-day limit: 02/15/98 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator January 11,1999 U: SUBJECT:W446 Marc and Sharon Maslow, having an interest in 1890 Shadywood Road Hardcover and Average Lakeshore Setback Variances 2Loning District: Lot Area: LR-IC One Family Lakeshore Residential District (1/2 acre) 37,980 sq. ft. (.87 acres) Exhibits:A Application A2 List of legal names B Plat map B2 Property owner's list C Hardcover D1 Proposed Site Plan D2 South Elevation D3 East Elevation E Resolution #1979 F Permit Record G Previous survey for deck addition Application:The applicants are requesting tv.o variances. An average lakeshore variance is requested to allow a 12' x 32* addition to the lakeside of the residence. The proposed addition will not ftirther encroach into the average lakeshore setback than the existing structure. Another variance is required for hardcover in the 75' to 250' setback. The applicants are reducing the amount of hardcover in this setback, however, the remaining hardcover exceeds the 25% limitation. HI446 Marc and Sharon Maslow 1890 Shadywood Road PC-01/19/99 page-1 Date of Application: 12/15/98 Date Complete: 12/15/98 60-day limit: 02/15/98 Pertinent Ordinances: 1.Average lakeshore setback-Section 10.22, Subd. 1 B & Section 10.56, Subd. 16, C., 6 2.Hardcover-Section 10.22, Subd. 2 & Section 10.56, Subd. 16, L. ANALYSIS I.ot Area and Yards LR-IC District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Ml acre 100'30'10'75'andALS* ^average lakeshore setback Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 37,980 sq. ft. .87 acres 158'110' to house +20'71* to deck The subject property conforms to the lot area, lot width and street and side yard setbacks. Variances were previously granted for the deck to be located in the required lakeshore setback. (See Exhibit E). U2446 Marc and Sharon Maslow 1890 Shadywood Road PC-01/19/99 page-2 Dale of Application: 12/15/98 Date Complete:12/15/98 60-day limit: 02/15/98 Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75’11,404 sq. ft.462 sq. ft. (4.05%) *previous variances 462 sq. ft. (4.05%) 75’-250’25,641 sq. ft.10,241 sq. ft. (39.94%) 29.05% total allowed by previous variances 8,521 sq. ft. (33.2%) 250*-500'935 sq. ft.llOsq. ft. (11.76%) 280.5 sq. ft. (30%) 110 sq. ft. (11.76%) allow existing to remain 8,521 sq. ft. (33.2%) None required Previous variances were granted by Resolution #3544 in 1995 to allow reconstruction of a 14' x 26' lakeside deck to be located 71' from the lakeshore. The resolution does not clearly list the total amount of hardcover that was permitted in each setback, it references total additional square footage being allowed. The previous resolution states a total lot area of 38,233 sq. ft. whc * ‘i the current survey indicates 37,980 sq. ft., a difference of 253 sq. ft. It appears that the previous variances were granted using a 1973 survey and staff does not know if the hardcover calculations were measured or estimated. See Exhibit G. STATEMENT OF HARDSHIP The applicant has provided a statement of hardship on tlie application form. (See Exhibit A). STAFF RECOMMENDATION Tlie existing residence could continue to be used as a residence without the requested variances. The applicants want to remodel the existing kitchen and eutryway. The house was constructed in 1955 has had some remodeling over the years according to the permit record. See Exhibit F. The proposed addition would not interfere with lakeviews from adjacent properties because it does not further encroach into the average lakeshore setback. H2446 Marc and Sharon Maslow 1890 Shadywood Road PC-Ol/19/99 page-3 Date of Application: 12/15/98 Date Complete: 12/15/98 60-day limit: 02/15/98 The applicants are willing to remove hardcover and will remove one of the curb cuts on Shadywood Road which is a benefit to the City and County. The southern curb cut is near a bridge over a channel where there are poor sight lines for exiting. Total hardcover on the site would also be removed if the proposed plan were implemented. Staff recommends that the Planning Commission discuss the proposed plan, specifically whether hardcover should be removed in front of the detached garage. Note to Commissioners: The applicants are seeking to purchase this property. Closing is set for January 22nd. There is another issue on this property which involves the fence. The neighbor to the south recently installed a fence which encroaches into the subject property's side yard and also encroaches onto Hennepin County right-of-way. City staff has spoken to Dave Zetterstrom, Hennepin County, who has indicated that the fence needs to be removed from the right-of-way. Staff has sent a letter to the adjacent property owner to request that the fence either be removed or relocated. The issue of the fence does not impact this application. e2446 Marc and Sharon Maslow 1890 Shadywood Road PC-Ol/19/99 page-4 Application# J. '-l·t/ le ·· Date Received r 2. /,sf, z . Amount Paid ,3�· o. o-,:,Cll'Y OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 (SS0.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) V riance for non-conforming structures $250.00 After-the-Fact Fee (Double application fee) PROPERTY INFOR.MA TION Site Address O -�_,.. ..._.___.__. -------II:!·�• --l�li!!llll�lll!IIII._. _________ .__,,_____.�....._I __ ·_Property Identification Number .I.D.)_1-,_1_1_1_&_1 __ &______.tf ... oo ________ ,, ___ . _______ _Attach legal descri�tion to application if not included on required s�ey.. I/& 'J9f Date Property Acqwred f\.""3s• A,, &Cel&Bf. 4/li9VC""utA(monih{yeaf) I (do) (do not) also own the adjacent palcels of land. ¥ Presen_ t use of property: ..ll_residen.tial oth�r_ (specify) � Zoning District: f 12.-IC Qo.e. furn if 1:3 LaKMY)f e :i&e s I tb-ibal APPLICA.lff Name m� ! 5haro--1"o.tl1..JAddress: l)IIO •IJ-' AY ti OWNER (if different tQan ap/:1icant) Name R.it+or4 t 1)�1_cann I.,· H-1 c.A dress: d!O ,Shoa\u•••-' ,toC VARIANCES REQUIRED __ Lot Area __ Lot Width Setback: Front Side Phone(home).SS.1 • L'llk.. Phone(work).ff] • #i"it/ (W'larc.J Ci ty: P/.y.Mdlll-11 . . Zip: S A•t/'IJ Phone (home) ¥ ?I• 717 ___ f:�-Phone (work)_.ftl/U9,.&'I..,_ ___ _ City: Wt\lfUf A Zip: l'Uf I _.JL_ Hardcover Rear Lot Coverag e- ..JL Average Lakeshore __ Other (specify) _____________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPER1Y CONDmO �� Describe undue hardship or prac ical difficulty or unusual property di · ons preventing compliance with Zoning Code requl.J'ements: Pttnc-e,u,,:sc,n♦ ,., aifs 7S:'. .. . ·,, ....,_....,A . . Af'IA•• •• �, ..... t.5--IIIMIC_r..;-�-�-----�--.-.. 6& -un,....-.1 ·ee s · ces�, c_. ••111.61,.,.Acct. HOll'ttc.r1,r % fM.W•J'Y ot a,.�.,_·""-will r&dutA.. +Mc�'�"�. 11.t, ._, •· - • · �,,,._ , ......... .,,._c �--- � w , c A c 6 • . - . . . t . . . . P•""'-., dH--...� '" .,.,..,. .,. ;,,_,,.. 11& ,.._ ,,_,_.,., � lliWII" MIC ....... IMMf Adtle-._. .,,.,• ;..,t.tri,t- ,. .. ,_.,,.. --·�., • .... .... .., .... y. Ifs'fO Ac!Az lx)gyf^€xJ:^__ CjurrAnf : ^.icJ^OJr^ ___ ____ i)j£/t?/l<Ll_. iS^^JUM Ic.-> /yiOLrt^t _Lz^Zr^ Jlyj. _____/Y\CLrc G. hAC^stciC V_________ i^C^jTirt ^Ct ShatTci^ S. m*3.r/ccJ � ( .... .... ) ,- ( 2) ) ..... \ '' "' ' \ i,\ ,, ,\ \ @)) \ \ \ t}o\ ""t ( 27) 275.8 3 � a, 0 --·•----------__ ,ai[,, ____ , ____ _ 1-e:J.J-c(} r-oo ------------...... -..... ---------..-.--. ........ 0 0 27 l 5 _,::••··· ( 2 ( 4) .... . ..... ·.•.•,.•.· ·.·:·· \ \ \ .\ �'.ct a\ - .. �, ;,-. .......,�. � ( 21 .6 • _ 14.:._ • . ,.. ;-.. . . . . . -.l u, � 4 � ( 22) Ui c..n 61.4 '.: 35 ( 23) 148.5 --..-- "6 137 24)138 � Tl( 25)1.39 '3� 14 • . ..._ ,- I RUN DATE 12/07/9S DATCN 51A HENNEPIN COUNTY PROPERTY INfORHATlON SYSTEM PROPERTY OWNERS LIST REPORT NO. PI4S5401 PAGE 5S PROP ADDR OWNER NANE TAXPAYER NAHE/AODR SO 17-117-2S 24 •142 •1875 SHAOYWOOD RD 0 8 N TIUOTSON GLENN R TIUOTSON 1875 SHAOYWOOD RD WAYZATA NN 55341 38 17-117-23 24 •••3 •••38 ADDRFSS UNASSIGNED G R TIUOTSON/N A TILLOTSON GLENN R TILLOTSON 1875 SHADYWOOD RD WAYZATA NN 55341 38 17-117-23 24 •1884 SNADYWOO DURWOOD A TAYLOR OLGA N TAYLOR 1884 SHADYWOOD RD WAYZATA NN 55341 •••4 RD PROP ADDR OWNER NANE TAXPAYER 38 17-117-23 24 4413 •••38 ADDRESS UNASSIGNED COFFEE LANDINGS COFFEE LANDINGS NANE/ADDR 4722 W FAIR HILLS RD NINNETONKA NN 55345 38 17-117-23 24 4414 •••38 ADDRESS UNASSIGNED COFFEE LANDINGS COFFEE LANDINGS 4722 W FAIR HILLS RD NINNETONKA NN 55345 38 17-117-23 24 8418 •1844 SHADYWOOD RD W R 8 R T ONLIE WILLIAN 8 RHONDA ONLIE 1844 SHADYWOOD RD WAYZATA NN 55341 38 17-117-23 24 4424 •1414 SHADYWOOD RD J R NCNANUS 8 N E TULLY J R NCNANUS 8 N E TULLY 1410 SHADYWOOD RD WAYZATA NN 55341 38 17-117-23 24 4421 •1424 SHADYWOOD RD J 8 D L GASTERLAND JAN P GASTERLAND 1133 THORN ST ST PAUL NN 55144 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR •1434 SHADYWOOD 1 DAVID A ELNQUIST DAVID A ELNQUIST 1434 SHADYWOOD RD WAYZATA NN 55341 TOTAL DATCN 514 44414 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE * REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION# TO THE REST OF NY KNOWLEDGE AND RELIEF. DATE SETBACK ZONE: (CtRCLE ONE) ^-75;75-250’250-500*500-1COO* pyi<;TINr. HARnCQVER tn zone A.House_____________ Ltn|(h Width • • •X X X ••••Bu.. Q*rajc . . • • •• ' 'CT Driveway X X D.Sidewalk X X •' * •"E:- >P«mo/Deck^mA< ' __^ x _________ .!• ~•/^-vx v.o^+• 7.zy/5,^ ~am JM. :h F.Landscape ’ 1^7* **Underlain .By Plastic x X X SH- 0.Other •• ••• ;r* •.••• • V ."% TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B //, V^7V X 100 = y^2. ••*#ppnpncpn hardcovf .r tn zont . vy5*A. House ____________x UV • • • ••• •# ••••..........Urvjih Width .• •» •• X X X •B. Oarajc* ••’•• • ..iy —Driveway ; -V ‘ •fc* ' L.’ X X **• •^^ •* D. Sidewalk** •h X X s B -• • E. Pitio/Dcck X X . ..Uodcrlaln ------By 1*1x5110 X X X Other •TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B.X too •.! 5. S.F. ’ S.X> S.F. S.F. S.F. S.F. S.F. S.F. S.F. /oS /■?y S.F. S.F. S.F. S.F. S.F. S.F. _S.F. L.S.F. y.OS % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B ... . A B nmU^^UV£.K V«AL.V,L/LAllUi> >V UKivOiii-i:. 1 SETBACK ZONE: (CIRCLE ONE) 0-75*75-250>250.500* FXTSTfNG HARDCOVER IN 'zONV: At- • House ----- •_____ Ctntih Width •« «» 9 *•X X X Z£ • •• ••• ••• B>Oarage>• - C.Driveway i7.<7 ^3 X X D.Sidewalk / ciA^C.)X X I • .*• ■E; ^mrefosek yjooJsiUfS V.O X X 3.3 t.. • S * V F.Landscape Underlain By Plasilc X X X C. Oihcr• • • • Vii • • •• ' « • • •• H 'vS- .1... TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^/^/2y/+B 25: ^9^X 100 = -Xenjih Width .•• I • X X X B* Garage* •\W -. C, * Driveway if.U- J ".f? • V D,. Sidewalk X X ?v. •^1* ?oicM E.•f‘*tt«/Deck '.J%.;^-.Lti»dscifie. _ X X X X .. . S. 71S w V Underlain• .*? ----- •••: • •?I "‘ By Plasiic Oibcr X X X m cs ... *V*'* I •. ■• T TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE — B._ 2?.(>4I X 100 * A‘a »(^/j, -1/ ^ ^ ^ 500-1000' 3znl s.F. S.F. S.F. S.F. S.F. S.F. S.F. 257 S.F. S.F. 5~?7 S.F. S.F. 555 S.F. S.F. S.F. S.F. /c?, ^y/ S.F. 2S.6V/ S.F. 57/9V 55 fi S.F. S.F. S.F. +4*0 S.F. :^48g>S.F. S.F. 51 S.F. S.F. 611 ii S.F. S.F. 20l S.F. S.F. S.r. S.F. MILSTfi s.F. ___s.F. A B HARDCOVER CALCUEATIOM WUKKbllLLl SETBACK ZONE; (CIRCLE ONE) 0-75‘75-250’50-500’. ..•i ' EXISTING HAftDCOVF.R IN ZONE A. House ____________ Lcn|(h Width ••• •• • ••X X X B.Garage .• * • • •' Driveway X *0/% \ •Sidewalk •X X 0 S E.Paiio/Dcck X X t..■F. Landscape Underlain . • ..By Plasilc X X X m s ' »i,. 0.Oiher • • « •• • jf/• Vr; y<\: ••• •• • TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ......../iO + B ??S X 100 = > 'V ?PQFQSED hardcover xn zone ‘ ’rto^A.'. House __________ „ . x •t utn|uj Width - X X X m a •B. Oarage; • • .V. .•Priyeway \ •• # X X sidewalkm"-X X I • H • E.Pasio/Deck X X . vy.,F. Landscape j Underlain •By TIasiIc X X X \ 1. Q.. Other 4«r^ TOTAL HARDCOVER IN ZONE ~ ' TOTAL PROPERTY AREA IN ZONE •__________ B-X 100 • »' • • • 500-1000’ S.F. S.F.. S.F. S.F. S.F. //O S.F. S.F. //.7A S.F. S.F. S.F. S.F. S.F. S.F. S.P. S.F: //O S.F. y?S S.F. % S.F. S.F. S.F. .. S.F. S.F. S.F. S.F. S.F. S.F. S.F, S.F, S.F. S.F. S.F. S.F. S.F. S.F. % 6 A B ? I 1 .#>j - •i^ -- : r- ''‘'' :t a] y:*'. ;■Kik v" ;7> Vr- tv ^5 V* ..aa- ' . ,_ ' - I I I ' . I I ; . I -I ,, .. � I .. . . - I I I ' JIii �I �, I II:--;-;-; •• I ••T•�I \ I / I I 111111111111 ,'\ / I I I I ,-I T I 1 T I l ' / � 111111111111 \ I � 1111111,,1,1 \� - LI,,, .... I, rt -. - ' .. I � �, l � z. V (...'•ii � I .. ,, -� 1\ I, � ' � a � Ro � i ! i ,, ,, -. \ . I l j." f � � i & i... � I i t I \ /// -i. '•A CITY of ORONO RESOUmON OF THE CITY COUNCIL ^xn 8 5 4 4___^ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE section 10.22, SUBDIVISIONS 1 (A), 1 (B) AND 2 FILE #1979 WHEREAS, Richard L. Linie and£r»o!r.f£=r-c “r.s'=srri^^ Lots 29 and 30. Shadywood. Hennepin County. Minnesota (hereinafter "the property ). and Zonin? Code Section 10.22. Subdivisions ( ). ^ wated 7T from the shoreline whe^e 14’x26- deck to the lakeside of the existmg rest en o-75' setback area a 75' setback is required resulting m 40 j 3,4 s.f. of new hardcover where no hardcover is allowed and whe« ,vhere 257. is allowed andr£,r”'S»s.“ 1 .“ w Mirnesota: NOW, THEREFORE. BE IT RESOLVXD by the City Council of Orono. findings Tnis application was reviewed as Zoning File #19/9. The property is located in the LR-IC acre in area. The property consists of o8 —'o s.f. or . The Orono Planning Commission 1994 and March 20. .995. and proposed variances based upon the following umque fmdmgs Page 1 of 5 CITY of ORONO resolution of the city council NO. _8 5 4 4------- A. B. c. D. E. Th« original residence structure was constmeted in the eariy 50s prior to the current lakeshore development standards. The irregular or curved shoreline at this property results in an irregular lakeshore setback line. AS the grade level lakeside deck is located Z residence, the deck will have no impact on the lakesn •residences on either side of this property. The City has received no negative comments from the neighbors on the adjacent properties. The proposed improvement will result in a decrease of 175 s.f. of hardcover in’.provements within the 0-75 setback are . 4 The City CouncU fmds that the conditions ““ng on ^dTsnfctrthat to it and do not apply ,^4ct trkffic conditions: light, air nor.ranting the variance would not adversely aneciOTii , -pose a fire hazard or other danger » K.g W a serve as a convenience to the applicants, but “ demonstrable hardship or difficul^; IS necMS^to p^ right of the applicant: and would be in >^“P'"S ' Zonins Code and Comprehensive Plan of the s The Citv council has considered this application recommendations of the Planmng Commission, report 'health safetv and by the applicants and the effect of the proposed variance on the health.. welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,^ (B) and 2 to grants variances to Municipal Zoning Code Section “ lakeshore setback for the entire St the reconstruction of a 14’x26’ deck grantmg within the 0-75* to the following conditions: Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.-8 4 4------- 1. O’. 4. , A tVi^ iflk-cside of the second floor deck to be 175 s.f. of brick patio area located to \h lakeside deck. The area of Authorities granted by this varimce ran J ’^fl^pUcation for a*" building ^p::„TSle d.e Of Councii approval, or this variance ..11 Mpire on that date (March 27, 1996), Violation of or non-con/tiliance with any ^f “ jhaii automatically The undersigned property . Adopted by the Orono City Council on this 27th day of March. 199o. So*y M-C‘'>' Property Owner(s) Edward J. C^han. Ji.. Mayot, Pase 3 of 5 ® v8i V-. - ^ CITY of ORONO resolution of the city council NO-8 5ii------ OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. JNTY OF HENNEPIN ). . vr h The foregoing insmimem Mavor^ Citv Clerk of*ihe City of City. u.iai»w»"Wga^if-- "' -/^ '/--y Notary Public Page 4 of 5 r««MCi k • • « CITY of ORONO resolution of the city council jNfn 5^ 5 4 d_____ STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. /199=£ . before me aNotar>'Public ^ wUWnandforsaidC^^^^o “lxlcured’me forfgomVm^’irmueui.^ LINDA S VEE NOWW PUBUC-MINNSOTA HENNEPIN COUNTY // Nbiary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. _day of __________—______ wiihin and for said Count}', personally appeared ■ . executed the foregoing instrument. ^ j^99___before me a Notary Public and Notarv Public Paae 5 of 5 Permit Wo. _ _ _ _ _ _ _ _ /S'90 PERMIT RECORD Date ^h'fO •-W Type of Permit riAiiXH dHt> 3iS7 ^S— maJ. L 91 ^ '19U /o-P^-73 i^-3-73 ‘i-l'f- f3 .P-^fc-9 2) toei. QJ-tyiSfSfZL^. t4cti-<^P Pm CERTIFICATE OF SUIjVEY FOR DELORIS LITTLE OF UOTS 29. AND 30, S^YWOOD' HENNEPIN COUNTY, Kff NNESOTA wm r.O:f 11 :! CAST IV **0«.f0 I7f.f2 -------=5^ t%"nV 1 4»; ***1 1 1 '|i •- _Ti 1 f 1 _i.r j I *\b'r* 1*' « •/.... ,« h \Ji Hi tCOAl DISCRIPTiOII or PWCWIStS: Loll 2f. And 30. SIIAOYMOOO o: dtnoltt Iron airkor BtArlngs thovn art Oastd ypon an astuatd llatufl. I IJ tills lUfYty Inlands lo Shoo Ihf bnundarloi of Iht abuwo dtscrlbtd pruwtriy Hit location oT an ealslInQ gaiiago Ihirgon, and iht locallun of an talslliig houtt In rtlallon to iht horlbtrly proptrly lint and lilt 929.4 contour lint. It dots not purport to show any othor Inprovt- QgjQL. Mntf or tncroaclmontf . CITYOFORONO _(i SITEin.Ml__ CRAOINCPLAN !<^iHriC»uU C A- > f ■; .• I- V.’iTM PEV!;ions •;i' Coni'; ^i'CRGNBriic Inc. ;I Hmby trfldy Owl Om Mnr> wm fWiin.aiidiiMl tf«c bwt td ihr S uit i4 Mm» ^ *M^mnrywMfWMylUmtmmtAamwSm%mr^’ • dilr n^nlmd OH ln(Urrr and Land Surwyw unlrr MjmIi S Ciifwbrfi* M««nr«aia I «Tiwr NwmUrt 127^ iMii MO«95 KMJ 1*1 <40* p«Mi 95^j 7 Date of Application: 12/16/98 Comp! it ion Date: 1/08/99 60-day limit: i/08/99 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator January 11,1999 #2447 Blake Bichanich, on behalf of Kirt Woodhouse 885 Femdale Road Side Yard Setback, Lakeshore Setback, Hardcover Variances & Conditional Use Permit for Cut/Fill in a Floodplsdn FROM: DATE: SUBJECT: Zoning Dbtrict: Lot Area: LR-IA One Family Lakeshore Residential (2 acres) 40,629 sq. ft. (.932 acres) Exhibits:A Application B Applicant's statement B2 Plat map B3 Property owner's list B4 Adjacent Property Owner’s Acknowledgement Form C Existing Survey D Site Plan E Topo map F Hardcover worksheets G Watershed District letter H City Engineer's letter I Cut and Fill Summary 12 Cut and Fill Survey J1 Floor plan J2 Upper Level floor plan K Lakeside elevation L Permit record H2447 Bichanich for Woodhouse 88i Ferndale Road h'est PC-1/1 9/99 page~l Dcae of Application: 12/16/98 Completion Date: 1/08/99 60-day limit: 3/08/99 Application: 1. 2. 3. 4. 5. 6. 7. 8. The applicant is proposing to remodel an existing house by: Raise the floor of the garage 5' to be the same level as laundry/mudroom Move 2 garage bays off the property line and align with the garage S' off of property line Use space above the garage for bedrooms Enlarge the owner ’s suite by expanding over the existing main level that is currently 1 story Expand the kitchen at the southeast comer Expand current oflfice/library by 10 x 12 addition Remove bay that is a stairway that won't be needed if garage is changed Remove ramp at the rear of the garage Variances are required for side yard setback to allow the kitchen addition and relocated garage to be located within the required side yard. A lakeshore setback variance is required for the addition on the west side over the patio because it is located less than 75' from the lakeshore. The proposed kitchen addition is 27' from the lakeshore and also requires a lakeshore variance. Variances for hardcover in both the 0'-75' and 75'-250' setback is required; the proposal reduces the amount of total hardcover on the site, however, it exceeds the amount allowed because the existing structure is located closer than 75' to the lake where no hardcover is allowed. A conditional use permit is also required to change to driveway approach to the garage. Grading for the driveway will partially fill in the low area. A 1,480 sq. ft. area is proposed to be filled with 33 cubic yards of fill. The applicant is proposing to remove 3.6 inches of soil from the 2,957 sq. ft area below the 931.5 elevation which will not change the volume of the floodplain. (See Exhibit I). Pertinent Ordinances: 1. 2. 3. 4. 5. 6. LR-IA Standards —Section 10.23, Subd. 6 Lakeshore Setback-Section 10.22, Subd. 1, B, & Section 10.56, Subd. 16 Hardcover-Section 10.22, Subd. 2 & Section 10.56, Subd. 16 Flood Fringe Definition-Section 10.55, Subd. A Fill in Floodplain-Section 10.55, Subd. 10, B. and Subd. 11 Land Alteration-Subd. 10.03, Subd. 19 U2447 Bichanichfor Woodhouse 885 Ferndale Road West PC-1/19/99 page-2 Date of Application: 12/16/98 Completion Date: 1/08/99 60-day limit: 3/08/99 Lot Area and Yards LR'IA District Standards ANALYSIS Lot Area Lot Width Street Yard Side Yard Lakeside Yard 2 acres 200'50’30'75’ and ALS* *Average Lakeshore Setback Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 40,629 sq. ft. (.932 acres) 200.65'80* to garage Garage is on property line- proposed to be 5’ off the line IT The subject property does not meet the lot area, side yard, or lakeside setback requirement. The lot does meet the lot width and street yard setback requirements. The entire residence was built outside of the allowed building area to locate the house between the lake and the low point on the lot. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0 ’-75'26,284 sq. ft. 4,568 sq. ft. (17.38%) None 4,365 sq. ft. (16.6%) 4,365 sq. ft. (16.6%) 75’-250’14,345 sq. ft.5,078 sq. ft. (35.^1%) 3,586.25 sq. ft. (25%) 4,307 sq. ft. (30%) 4,307 sq. ft. (30%) U2447 Bichanich for Woodhotise 885 Ferndale Road West PC-l/19/99 page-3 Date of Application: 12/16/98 Completion Date: 1/08/99 60-day limit: 3/08/99 The lot is subject to a greater restrictions for hardcover due to the channel on the west side of the property. A 75' lakeshore setback for hardcover location applies to both the lake and channel side of the property. The existing residence is partially located in the 75' setback from the lake. The proposed addition includes removing hardcover in both setbacks. STATEMENT OF HARDSHIP The architect has provided a statement in Exhibit B. STAFF RECOMMENDATION No additions or remodeling can occur on this property without a hardcover variance because the amount of hardcover in the 75' to 250' setback exceeds the 25% limitation. The existing residence is located entirely outside of the building setback area. To locate a new building within the required setback area, the topography would have to be changed because the high point of the lot is where the house is currently located. A low lying area below the 931 elevation is also in the building setback area. Staff recommends approval of the requested variances and conditional use permit due to the uniqueness of the lot and the existing topography and the reduction of hardcover. H2447 Bichanich for Woodhouse 885 Ferndale Road West PC-1/19/99 page-4 I Application # Date Received IZ- Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION - Site Address r^c^AX> Property Identification Number (P.I.D.)_ Attach legal description to application if not included on required survey. Date Property /uxiuired____________________________________ I (do)rio^also own the adjacent parcels of land. (month/year) other (specify).Present use of property:residential ___ ___________^_________ Zoning District: 1 0rvg lAlfehofe.__CqI APPLICANT Name ^ A • Phone (home). Phone (work ) 'IA “ OOCiA Address: 7,1M Citv: FlTiE/J _ Zip: Phone (home)______________■ . .OWNER (if (lifferent than applicant) Name l^iRT AddressT^77r) A1A^JiT','yL^ ^-D DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail:^ \ (attach additional sheets if necessary) \aLot Coverage VARL\NCES REQUIRED Lot Area Setback: ___Lot Width Front yC Side yC Hardcover Rear Lakesho \( Other (specify) 0nrv)l4invrt/ IW Cu)r(^\i\ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing cotr-.'liance with Zoning Code requirements: A]TA///glO ----- (attach additional sheets if necessary) J 12/14/98 City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 KEITH WATERS & ASSOCIATES, Inc. DESIGNERS & BUILDERS 6216 Baker Road Suite 110 Eden Prairie. MN 55346 (612)9744)004 fax (612) 974-0005 www.keithwaters.com License Number - 0001508 statement of Hardship for 885 Femdale Road Hardships have been created by five existing and unalterable conditions that are unique to this site. The first condition that creates hardship is the location of the existing house on the site. Although the house was originally sited in a way that properly used the site, it does not conform to current zoning regulations. In fact the existing house lies entirely outside of the buildable area allowed by current regulations. Therefore, any modification or addition to the existing house requires a variance for sideyard and lakeshore setbacks. Since the existing home lies outside of the buildable area as defined by current codes and regulations, it creates a ‘broken application”; i.e. current regulations don’t address or apply to it directly. Therefore staff, planning commission members and City Council will need to apply ‘common sense ” when ruling. Please note that the neighboring home is sited in a similar manner. The second condition that creates a hardship is the existing topography. The house was originally sited on a ridge near the lake in order to take advantage of the view and to assure that high water levels would not endanger the home. Siting the home anywhere else would have meant looking into the ridge instead of at the lake, and would have meant that a portion of the house may have been at or near the floodplain elevation. One result of siting the house on the ridge was that the garage had to be built on the tow flat area below the ridge. Entrance to the house from the garage is currently through the unfinished basement, in order to provide better access to the home we intend to raise the floor of the garage by approximately 5*. thereby bringing it nearer to the level of the existing laundry/mudroom. Part of the back wall of current garage lies on the property line. Staff suggested that we move these 2 bays of the garage off of the property line and align them with the rest of the garage. At that point all of the oarage would be approximately S’ from the property line. We will be using the space above the garage in order to add required bedrooms to the home without adding any hardcover. Likewise, we plan to enlarge the owne r’s suite by expanding over a portion of the existing main level plan that is currently only one story high. Please see the proposeo plans. 0:\PROJECTS\CURRENT^WOODHOUSE\ VARIANCE. DOC The third condition that creates hardship is the fact that the property is surrounded on three sides by water. The result is that even though the site is nearly one acre the area that falls within the 75’ to 250’ zone is only 14,345 square feet. In fact most of the existing site falls within the 0’-75’ zone. The proposed driveway was designed to fall r'*~ost entirely with the 75 to 250’ zone, but it still exceeds the allowable 25% haro ver due to the limitations created by being surrounded by water. Please note that we have reduced the overall hardcover on the site by 974 square feet, for a total reduction of 11%. A fourth set of conditions creates functional hardships. The current kitchen is grossly inadequate for a house of this stature and unsuitable for contemporary lifestyles. It’s current location however, is perfect being adjacent to both the dining room and the laundry/mudroom. The only wav the kitchen can be expanded is to fill in the southeast comer ofthe home . Please note that the existing second story already extends partially into this area by as much as 4 feet. The expansion of the kitchen to the southeast does not encroach any rurtner on stoeyard or lakeshore setbacks than the existing structure currently does, and therefore does not worsen existing conditions. No hardcover will be added since the area is currently a paved patio. The current office/librarv is inadequately sized in that it does not allow two professiona l people to work simultaneously in it. We propose to add a 10x12 area onto the ekIStihg bnice to remeoy tneir condition. This expansion does create new hardcover, but we are off setting this by removing a bay of the home which is currently a stainway that will not be required once the garage is reconfigured. We will also be removing an exterior ramp at the rear of the garage . In addition to the above we feel that the historic character of both the home and Femdale Road should be considered when ruling on this application. We do not want to tear the existing home down to build a new home. Our intent is to replace some of the previous phases of remodeling which were inconsistent with original character of the home with forms and features consistent with the original home. This home has contributed to the character of Lake Minnetonka for most of this century, and has the potential to maintain it’s t .,torical presence into the next century If we are allowed to make these needed changes. Sincerely,‘ Blake Bichanich BB/hks G:\HlOJECTS\CURRENT\WOODHOUSE\VARIANCE DOC f •f 0 ' • . . .. " · ... .. . . . . ..... .5 (S ( 0) ( 17) .·.. . .. . . ♦ • • . . . . . . ...ll ( 13) ( IZ) , ' , ( ) , -... I l ( ) , I , ' ' I ,, ,,, I I I ( 0 ... . ... . · .. ( I ., RUN DATE 12/14/98 MTCN 594 nrar aoor ONNER NAHE TAXPAYER NAME/AWR 38 82-117-2S 44 tttS •8838 ADDRESS UNASSIGNED UREY EVANS LIN08ER6 LAREY EVANS LIN0BER6 885 FERNDALE RO W WAYZATA NN 55391 PROf ADDR MINER NAHE TAXPAYER NANE/AOOR PROP AMM ONNER NAHE TAXPAYER NAHE/AODR PROP ADOR ONNER NAHE TAXPAYER NANE/AOOR 38 82-117-23 44 8814 88838 ADDRESS UNASSXGNEO S D 8 K C OLSON S D OLSON/K CXAROELLX-OLSON 885 FERNDALE RO N NAYZATA NN 55391 99 82-117'23 44 8824 88899 ADDRESS PENDXNO HARXE H ANKENY ET AL TRSTES HARXE t OENALT ANKENY JR C/0 SARGENT HGHT 881 2ND AVE S STE 4888 NPLS NN 55482 HENNEPIN COUNTY PROPERTY XNFORHATXGN SYSTEN PROPERTY ONHERS LIST 38 82-117-23 44 8888 88885 FERNDALE RO N LAREY EVANS LXNDBERO LAREY EVANS LXNMERC 885 FERNDALE RO N NAYZATA HN 55391 38 82-117-23 44 8889 88830 ADDRESS UNASSXGNED J C 8 J T DROOKS JOHN C I JOAN T BROOKS 985 FERNDALE ROAD N ORONO HN 55391 38 82-117-23 44 8815 888S8 ADDRESS UNASSXGNED HENNEPXN FORFEXTEO LAND CXTY OF ORONO P 0 BOX 88 CRYSTAL BAY HN 55323 REPORT NO. PX4S5481 PAGE 18 38 82-117-23 44 8887 88885 FERNDALE RO H S B 8 K C OLSON S B OLSON/K CXAROELLX-OLSON Mr, TERNOALE RO N NAYZATA HN 55391 38 82-117-23 44 8818 08985 FERNDALE RD N J C 8 J T BROOKS JOHN C 8 JOAN T BROOKS 985 FERmALE RO N NAYZATA HN 55391 99 82-117-23 44 8823 88892 FERNDALE RO N HARXE H ANKENY ET AL TRSTES HARXE 8 DENALT AMCENY JR C/0 SARGENT HGHT 881 2ND AVE S STE 4888 NPLS HN 55482 TOTAL BATCH 584 88818 X CERTXFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATXON OF XNFORNATXON AS XT APPEARS THXS DATE ON THE RECORDS OF THE HENNEPXN COUNTY DEPARTHEHT OF PROPERTY TAXATXON« TO THE BEST OF HY KNONLEDGE AMI BELXEF. DATE Adjacent Property Owners* Acknowledgement Form irwei llf\Rbr'/ i--.ff).- !^<rnhtk. Fcr^ [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of tlw ^o^rty located at i> to also referred to as Land Use Application No. —^—!----- I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the ity Council that I (we) am (arc) aware of the improvement plans and that the proposed neighbo s project or use requires Council approval. Property O^er^ne Date Property Owner Date I (we) [print address][print name(s)] have reviewed the plans for the proposed improvement or propos^ use of the property locat at _____________■ also referred to as Land Use Application No.------------ I (we) understand that in executing this acknowledgement, I (we) am (are) not ® declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (arc) aware of the improvement plans and that the proposed neighbor s project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land se Application, please submit your comments to the Building & Zoning Office at least 10 ays prior to the scheduled meeting date. 8 I Ilt)T �• �II I t1 &I) �,4 • z/ 'I •'• -'--• (' J (' J ' SUR VEY U E ----·- F�RNDALE ROAD - BUI DI NOrtIH SlC>tTjOP.WAY Of FCammi e •^ITC. ftAH ■{930) ------------------■ (931) '•~(0U>)------------ V. fei ^nbale road 1-- srrnoN t 9ft nan’ j-x •4« =*48 ‘ o :; 'T •^8 •--j' a ^ ^ r, WOOD RANP •- :ir ,1 uvosc;^' J -------‘^sc;w' *C0 (931)« i /Flood Piai ’A OOCK ’•-.A _____(M3) * Cll —- *•• — • edge OF /M FDVtON / CD.C /i /1 ' 1 1 1 » ■' I \ ©• 1 \ 1 Zo coi '^ 0.85 \ ^ suRv^^e 141.00 s •^o 107.17 sq (»32) /i (TB>S -0( (*j; V srrmoN •l7.65 s# CnT '.7 S?3 !(»M» ;v. -' / ^ONev»*u. lEW : 4,381 3 180 3.532 : 980 = (124)LAKp 14^7 Topo ftoodoloirt M € W«t«r 929.6 Wattr 929.6 5U6J^I HARDCOVE SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House Length CULATION WORKSHEET 75-250*250-500’500-1000' Width B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic G.Other X X X X X X X X X X X X A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ______________+B _____ ____________+B X 100 X 100 PROPOSED HARDCOVER IN ZONE A. House ______________X Length Width B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic G.Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ B a _S.F. S.F. a S.F. a _ S.F. n _ S.F. 74 8 S.F. a _ S.F. tmn S.F. -)_ S.F. -S.F.-J _ S.F. a S.F. a S.F. a _ S.F. S.F. A S.F. •S.F. a f % a "7.^R % a ^538 _ s.f; S.F. a S.F. a _ S.F. o _ S.F. S.F. a _ SI. «SI. " / 1 _ S.F. -S.F.-J _ S.F. S.F. a S.F. a _ S.F. a _ S.F. X 100 S.F. S.F. A B 5 " A B O;. O GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, dpveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized are« have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: 0-75 0% 75-250'25% 250-500'30% 500-1000'35% Hardcover includes: -Roofs •Sidewalks -Paved or gravel driveways -Patios & decks (includes slatted decks) -Tops of retaining walls & rock walls -Decorative landscape areas underlain by plastic sheeting or fabric -Any other surface that does not allow direct absorption of ralnfidl into the ground INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1.Circle which setback zone (0-75', 75-250', etc.) the calculation is for. 2.For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f). 3. 4. 5. • • Add up all the square footages to get total square footage of hardcover. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. If changes in hardcover are proposed, you should do a "before" worksheet godi "after worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! Telephone (612) 473-7357 • FAX 473-0510 HARDCOVER CALCULATI SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN 70NF A House _____________X WORKSHEET 2S0-S00' Length Width B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic G.Other X X X X X X X X X X A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _____________+B _____ _____________+B X 100 X 100 PROPOSED HARDCOVER IN ZONK A. House _____________X Length Width B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic G.Other X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ _ _+B X 100 SOO-1000' IQ3.S.F.# S.F. S.F. S.F. ;e.I 4 . S.F. I 3 S.F. S.F. S.F. S.F. S.F. S.F. SJ. S.F. S.F. •S.F. B ’ % 3S.4 inq \-z\A s.f: . A Sen S.F. A S.F. B Gray Frashwaltr Center Hwys.15&19,N««rre Ma3: 2500 Shadywood Road Excelsior. MN 55331-9578 Phone:(612)471-0590 Fax:(612)471-0682 Email: adminOminnehahacreek.org Web Site: wwwjninnehahacreek.org Board of Managers Pamela Q.Bfixt James Calkins Lance Fisher Monies Grose Thomas W. LaBounty Thomu Maple, Jr. Malcolm Reid 0^ Minnehaha Creek Watershed District Improving Quality ofWater, Quality ofLifi December 30,1998 Elizabeth Van Zommeren City of Orono P.O. Box 66 CtystolBay.MN 55323-0066 . . . » * RE: Review of Proposed Projects Dear Ms. Van Zommeren: There appears to be no wetland BS/WIDW or floodplain impacts. If the project involves grading of more than 5,000 square feet -------- an erosion control permit will be required. ’ A stormwater permit will be required to address the issues of rate control and VOCrT/ ^ required around all wetlands. The width of those H^unk. buffers will depend on the surface area of the wetland. If any filling, draining or activity'"* ** ***“"®‘***** wetland boundary a permit will be required for that 1-5 will require a (loodph^^ p It. A cut and fill summary would be needed to determine whether or not a net “““-------- A Storage zone will result from the planned activity. r ^ to provide BMP’s for stormwater management. ^ ^ If grading of more than 5,000 square feet is involved an erosion control permit will also be required.~ fUrSwr ques^^^ opportunity to comment. Please call me at 471-6282 if you have Hatner District Technician C;\FILES\comments\Orono_ 12309S doc ©6516361311 01/05/99 08:16 g :02/02 N0:520 Bc^nctt^OO ffoitrtf. w tt tQ***"** (Opportunity tTipipyt PtuHiyml^ Olio O aoM«.»l<uw. rc • Jw»c| #»* rC • fC • i;.ch.MiJC Tufiiti. PC • Glriirt ft. Co<»k. rr • Ptilirfi C ;.Ky.ii>il rr • Ir^y a Oouido#* pc • ftAijrrt W Riifen^. PC. M fl #»n.n I l*A ('.•n oir «r%|\ Mo,v.»f<1 A **► • Hriffi A •Jtrtf>^'l W Pfr • Wifn^ffiV*/ fr.itrr Pf . n4viriri IruoM •wr.n. 'f i k»,*^rk AIA • M.<ck A Hjincon* PP • Micn^o J Pputmann. ft • ifd icpicici Hb • Rrr»ni?(r. p Aii*i**rnoA P ftoifi PI • \irtf»py K M/i/iMfT'tOn. Pi . I \ • KoImmI I •A.|i*r\ M </ II.J • M«f I* W,»u. • AM^n Ckk Cihn«t«Ji. PC Ofi./ex it Pju». ftoihrtfri W llm.ti .*M|f m i inn i WN • Mn«Mii»rr U l WetlilU' vs boiXStiuO cum B0NE5TR00 ROSENE ANDERLIK ^ J Bonestroo gjS Rosene ■Anderlik & iVll Associates Engineers & Architects January 5. 1999 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Woodhouse site improvements File No. 139-2447 Dear Liz: We have reviewed the preliminary grading plan for the proposed driveway iuid garage improvements at the Kin Woodhouse properly. The site is located at 885 Ferndale Road in the southeast quarter of Section 2. We have the following comments with regards to engineering matters. •The overall plans appear acceptable from an engineering standpoint The proposed driveway location will impact the floodplain (elevation 931) located west of the cxi.sling driveway. The area and volume of the floodplain should be verified prior to construction. The driveway relocation should result in no net los.s of floodplain capacity. Wc recommend that the floodplain be mitigated on site to the area and volume that existed prior to the con.struction of the new driveway. Please contact me at (604-4863) if you have any questions regarding this mutter. Yours \ery truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kellogg Vfx Cc: Greg Gappa, City of Orono 2335 West Highway 36 ■ St. Paul. MN 55113 • 612-636-4600 ■ Fax: 612*636*13n 1-8-99 Zr'-^X ^ KEITH WATERS & ASSOCIATES, Inc. DESIGNERS & BUILDERS 6216 Baker Road Suite 110 Eden Prairie. MN 55346 City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 (612)974-0004 rax (612)974-0003 wwwJce!lhwaten.cotn I License Number • 0001508 CUT AND FILL SUMMARY FOR 885 FERNDALE ROAD A total of 658.6 cubic yards of imported fill are required to raise the drive at 885 Femdale Road. A1480 square foot area currently lying between the elevations of 930.9 and 931.5 will be filled with 33 cubic yards. However, this reduction of the volume of the floodplain basin will be mitigated on site by removing 33 cubic yards from the remaining area lying below the 931.5 elevation. This will be accomplished by removing 3.6 inches of soil from the remaining 2957 square foot area that lies below the 931.5 elevation. The result is no net change in the volume of the floodplain basin below the 931.5 elevation on the site. Note that the entire area is currently highly landscaped and not part of a wetland. Please see the attached site plan. Sincerely, Blake BichaniO'-t 3B/hks i G:\PROJECTS\CURREKT\WOODHOUSE\CUT k FILL SUMMARY 1.8.99.DOC LOCATED ON AUGUST •. WOSm RIOHT^.tv^y or FBU^.» I MAiH Up\;eu. • /-a-' / '^v:. .?*-7 ■^Mm ..;' -}\ V \*ii4 W.A iiiMiiiMiS f r?-51-;'^'^* ■Hi ffis f 5»’V. I k;;-. 3?SSSSg«iw ' g; ^ ^ j:^- j mm§ ••i- . i^ T« KEITH WATERS &. ASSOCIATES, INC. Designers St. Builders (612)974-0004 6216 D^r Road Suiu* 1 10 Eden Prttrie. MN 55J44 License # 1 501 D Cnpyrtghi Woodhouse Residence Remodel 885 Femdale Road West Remodel Wayzata, Minnesota 16 December 1998 PERMIT RECORD Permit No, r?)oCo pV7<7 UbbS (ofrfefe r3l70 fiZ£ Date 4-^ 9.^ 4. 'A.^7// * c • / / 1-1-^4 ^'AJi ■ (j-1 //-.s:-r!c Type of Permit ^hL f/i'/?Ajh>-^^t*U.ird LPm'-m MsiUL^ • • % Date of Application: 12/16/98 Date Complete: 12/16/98 60 day limit: 02/16/98 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator January 8,1998 SUBJECT:#2448 Blake Bichanich on behalf of Doug Carlson/Catherine Ray 780 North Arm Drive Top of Bluff and Average Lakeshore Setback Variances Zoning District:LR-IB One Family Lakeshore Residential District Minimum Lot Area:1 acre Lot Area:53,790 sq. ft. 1.23 acres Exhibits:A1 Application A2 Architect's letter B Plat map B2 Property Owner's list C Proposed plan Dl-3 Floor plans E Hardcover worksheets F Topo map G • Permit record Application: The applicants area proposing to remodel the existing residence per the plans attached in the Exhibits (D1-D3 ). The proposed changes require two variances. One variance is for average lakeshore setback l^cause the existing house is located almost entirely in front of the setback. The average lakeshore setback for the residence has slightly changed recently due to new construction on the adjacent southern lot. (Compare Exhibit C and F). U24-i8 Bichanich for Carlson/Ray 780 North Arm Drive 1/19/99 page-l Date of Application: 12/16/98 Date Complete: 12/16/98 60 day limit: 02/16/98 Another variance is required for top of bluff setback because the residence is partially located within the required 30' top of bluff setback. Pertinent Ordinances: 1. 2. 3. Average Lakeshore Setback-Section 10.56, Subd. 16. C, (6) and Section 10.22, Subd. l.B. Top of Bluff Setback—Section 10.56, Subd. 16. C, (2) LR-IB District standards-Section 10.24, Subd. 5 ANALYSIS Lot Area and Yards LR'IB District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1 acre 140’35'10*75’ and ALS* ^average lakeshore setback Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 53,790 sq. ft. (1.23 acres) 150.58’+305'15’(north) 27’ (south) 110’to patio/deck The subject lot meets the lot area, lot width and street and side setbacks. The residence conforms to the lakeshore setback, but not the average lakeshore setback. U2448 Bichanich for Carlson/Ray 780 North Arm Drive 1/19/99 page-2 • • Date of Application: 12/16/98 Date Complete: 12/16/98 60 day limit: 02/16/98 HardcQ5fer Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75 ’11,310 sq. ft.305 sq. ft. (2.7%) None 305 sq. ft. (2.7%) None 75'-250'22,860 sq. ft.6,283 sq. ft. (27.48%) 25%5,669 sq. ft. (24.8%) None 250'-500'19,620 sq. ft.2,055 sq. ft. (10.47%) 30%2,095 sq. ft. (10.68%) None No hardcover variances are required for the proposed plan. STATEMENT OF HARDSHIP The architect has provided a statement in Exhibit A2. The existing house is located within the average lakeshore setback and the top of bluff setback. The proposed screen porch will encroach 7'-10' into the required top of bluff setback. Construction of the screen porch will not interfere with the stability of the bluff. Most of the proposed work is on the street side of the residence and will not negatively impact lakeview for adjacent residences. STAFF RECOMMENDATION To approve the top of the bluff setback and average lakeshore setback for the plan shown in Exhibit §2448 Bichanich for Carlson/Ray 780 Sorth Arm Drive PC 1/19/99 page--} Application # Date Received /^//b|<tg Amount Paid I CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from ori^nal application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address "7gD K/r?lLTi-f AgiV^ _________ Property Identification Number (P.I.D.) OCo- ^ (month/year) Attach legal description to application if not included on required survey. Date Property Acquired_______________________________________ I (do) @0 no^ also own the adjacent parcels of land. Present u^ "or property: ^ residential ___pother (specify)____________________ Zoning District:LtZ- Ifi T?lnniL\J C\^^a/e,\- i ——n, —-flechbo 10. ^-■ •' 1 ?PLICANT ,. .Phone(home)__________ ____ Phonefwork ’i 7*4 ^ Q OO 4 City: rr^fSBAniJ^ Zip: Phone (home)_____ APPLICANT j Name \^K,\7N ^ A S50C » Address:g>Altf.n:c^ f^^AD OWNER (if different than applicant), ________,________________ Name p/^tV>>k\ fPhone (work > Address:AP^<M T^Zil/fCitv:’ Zip: DESCRIPTION OF REQUEST ^ Estimated Construction Cost $ Describe request in detail:pLfi.} )S 4 ATTACH TP c/d (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback: Front Hardcover Lot Coverage Side Rear X Lakeshore ,----ichoK . lo !i(a X Other (specify) *oP OF BmPP ScTB^K ^)6C-flQr\ 1C 5SC> ^ ^AbjfY \t C. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difiBcuIty or unusual property conditions preventing compliance with Zoning Code requirements: ’SrF^ TTA CM I^ |PTy t (attach additional sheets if necessary) 12/16/98 City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 KEITH WATERS & ASSOCIATES, Inc. DESIGNERS & BUILDERS 6216 Baker Road Suite no Eden Prairie. \fN 55346 (612)974-0004 fax (612) 974-0005 www.keithwaten.com License Number - 0001508 Statement of Hardship: 780 N Arm Drive We propose to add a partial second story, attached garage, covered entry, and screen porch to the existing home. The home was originally built in the late sixties in conformance with existing zoning regulations. However, current zoning regulations create two conditions that now will require variances. Both conditions relate to the location of the house on the site. The first hardship is created by the location of the existing house relative to the bluff line. Portions of the existing home lie within the bluff line setback. The proposed partial second story does not wcrsen this condition since it does not extend beyond the existing footprint, but technically it falls partially within the bluff line setback. The proposed screen porch aligns with the front of the house on the end furthest from the bluff line, but a small portion of it will extend into the bluff line setback. The screen porch was properly located in a manner that allows access from the hearthroom, kitchen an(i existing deck. Please see the proposed plans. The second hardship was created when a new home was constructed on the property to the south. The original house on the property to the south was sited closer to the lake then newly constructed house. Thus, the location of the new home has changed the average lakeshore setback to the point where portions of our home are no longer In compliance. Our home complies with the 75* lakeshore setback, but not with the newly created average lakeshore setback. We ask that variances be granted to remedy these conditions. Sincerely,. Blake Bichanich BB/hks C*. 45- *5 T G:\PROJECTS\CURRENT\CARLSOK RAYWARIANCE DOC ... ... · ( I} .. . . . . . . . · .. ·: __ ... :_ .. ·· .... ob-t t7-oJ3...i;, (3) I' RUN DATE 12/14/9S HENNEPIN COUNTY PROPERTY WPORNATION SVSTEN PROPERTY OMNERS LIST REPORT NO. PZASMffl PACE 9 BATCH 59S PROP AOOR OWNER NANE TAXPAYER NAHE/AODR PROP AOOR OWNER NANE TAXPAYER NAHE/AODR PROP AOOR OWNER NANE TAXPAYER NAHE/AODR 3S 0A-117-2S S2 9095 99495 NORTH ARH OR LAKEVXEW eOLF OF NTKA INC LAKEVIEW 60LF OF HTKA THC 955 RED OAK LA HOUND HN 55564 58 96-117-25 45 9997 99759 NORTH ARH DR WXLLIAH L SCHNITT W L SCHHITT 759 N ARH DR HOUND HN 55364 59 96-117-25 45 9999 99769 NORTH ARH DR WALFRTO LARSON ETAL WILLIAH SCHNXTT 759 NORTH ARH DR HOUND HN 55364 \ 39 96-117-23 43 9994 99779 NORTH ARH DR BRYAN J ROSS CONSERVATOR BRYAN J ROSS 11999 PRAIRIE LAKE DR 9419 EDEN PRAIRIE HN 55544 39 96-117-23 43 9919 90799 NORTH ARH OR D A CARLSON 9 H C RAY D A CARLSON 1 H C RAY 799 NO ARH DR HOUND HN 55564 39 96-117-23 44 9991 99799 NORTH ARH OR C E ENOELER 9 C H ENBELER CHRXSTOPER 9 CLAUDIA ENOELER 799 NORTH ARH DR HOUND HN 55364 39 96-117-23 44 9016 99999 NORTH ARH DR R H FRANZEL ET AL RICHARD H FRANZEL 999 NORTH ARH OR HOUND HN 55364 TOTAL BATCH 593 99997 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF XNFORHATXON AS IT APPEARS THIS DATE OH THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, 10 Tl« BEST OF HY KNOWLEDOC AND BELIEF. DATE F.I / l1 Jf • 1 •..4 m ♦■•I / % C.A±Li LOT 7, AUD. SUB. NO. 362 HENNEPIN COUNTY, MINNESOTA BASED ON SURVEY BY COFFIN & GRONBERG, INC. SITE PLAN KEITH WA % 1 —•— Uw A.a 1 3"^1 LlVIKlCdi llQ ixn If..— — « — //tMT»Y IIM '-'^PAKOA; =e «/«?■• I-O'II *> n» H -------------• *y' ■|j 1 f ’I 1 \ \C V t* 1 t: -iSHOT^ rKi«riM4» &CMEDOH (■sow m AjmUWMT. 6TOKA(A e:xK>'riH(* PCMUiCiH e'ilSTIMU FAMlL.t' llllllll I---------f o 6/,iii:maik lowek , level , h ^i ^>6^LC l/^"-^' 0 “ -W itOMJH MyiM*»ixc> B«**C*1r fczr .X. 1------H' f ^ A srt.c tATfj 9'9-9^ HAP ’^COVER calculation work -meet -,go |4;>S.TH. AS4V\ SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN 7.0NF A. House _____________X 75-250'250-500'500-1000' Length Width ••A# «•B.Garage C.Driveway D. SrAiA/ Sidewalff X X X E.Patio/Deck F.Landscape Underlain By Plastic G.Other X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_____________+ B X 100 PROPOSED HARDCOVER IN ZONTr '*• a : " House* Length Width B.Garage C.Driveway X X X ^TAias r» Lake . SidcuHrtk _____ F.Landscape Underlain By Plastic G.Other X X X X X X X X X . TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A +B . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ____ S.F. 20 S.F. S.F. S.F. S.F. S.F. S.F. I •3 OS S.F.A •//. fyo S.F.B mmm ■"2--70 % • at S.F. •• •• sx •*•• •• S.F. • =:S.F. ss S.F. 8 1S3S.F. c S.F. 8S ...................s;f. S=l __-? Rg*S.F. S.F. *i z :2^r) X 100 - S.F. S.F. S.F. S.F. S.F. S.F. S.F. TTj^^n S.F. g.~7o % r -T I - « ..«• t*r* *" ^ • '‘N ■’ Q"% 't 30r •A * A. B « •^ /sjac/Ar€ s HAi^^COVER CALCULATION WORt' lEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE 0-75’250-500’500-1000’ ~ A. "House ••*•••X s 2230 S.F. Length Width X =S.F. X sz S.F. X s S.F. B.Girazc (X V S F. C.Driveway •4‘AfAoAJ X 3/90 S.F. X" •—8 ...................../i S.F. Co ___P'.. SivIwvtq IIv f X C 1»0 S.F. X ss S.F.-----5t»/^s ro-cAKf t9 E.Patio/Deck X ss ?cy S.F. X ss 9 S.F. Ta/>ic Vo X ss <0 S.F. '^iderlaiii Uf0oo f X ss 3?S.F. Ey Plastic fiaut a t*f X ss Z a S.F. AOm^o A*4a 5 ■/ 2. - G.Other X ss S.F. TOTAL HARDCOVER IN ZONE ^28^ S.F. TOTAL PROPERTY AREA IN ZONE m 22,8 £0 S.F. A •r B X 100 “2 7.98 7c PROPOSED HARDCOVER IN ZONE A.House X ss Z.Z.'hO S.F. Length Wi(jih Ijc^ 6ArA(dL X ss Co S.F. 4cA*:r/v*r:pcH.. .X .ss ■E.A *P S.F. VCCAUCr _______X A s I ^ a.S.F. B.Gara^j (Ej>JcB.eAtHiM^X • S.F.w C.Driveway X ni2.S.F. E>^A i: t>;rx X ss o S.F. B cAv L ‘WAU<o D.ftdawalk C.t>t^C. PAt7r£S s o S.F. 6TAtt^To ttvKZl.X ss S.F. EKJTfS,/ lOALri- E.Patio/Dcck ;X -ISO !_ ^,7 A S.F. A/<1 ?AD « • « X . s S.F. p\MUf<>ri foc- wall . p-i:/o>vso •o F.Laftdseape VA‘-L S5 o S.F. 8 o S.F. By Plastic fv5< »L7>"X/. pEjV./'i/f iC>'SS o S.F. PCLUJO PAr-s mc x.r}--------o~ G.Other X ss S.F. TOTAL HARDCOVER IN ZONE m S.F. TOTAL PROPERTY AREA IN ZONE m -2--Z.RL'0 S.F. A -i- B X 100 »3-4.5?% A B •• -•—I .•* •^•\ /] ■ kV%Al^ <L A B U/4 r(n)ytJ., jc i A y HAPT)COVER CALCULATION WORKSHEET •/- 7v9y ' SETBACK ZONE: (CIRCLE ONE) 0-75' 0 ’••• EXISTING HARDCOVFR IN 7.0NF A.House V 75-250*<^0-5^500-1000' Len|th Width TN^c B.Garage /a /C j C.Driveway _____________ X X X D.Sidewalk E.Patio/Deck F.Landscape ____ Underlain ____ ■By Plastic ■ X X X G.Other X . X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_________+ B X 100 = PROPOSED HARDCOVER IN /ONTF A. House _____________X Length Width X X B.Garage ir/JCE.OACK>liO C.Driveway • • « • • • « D.Sidewalk E.Paiio/Deck F.Landscape Underlain By Plastic G.Other X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE +B S.F. _____ S.F. _____ S F. _____ S.F. S.F. /9<ro S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. loss S.F.. I-%CZO S.F as S.F.- S.F. S.F. S.F. S.F. S.F. S.F. _____S.F. _____S.F. _____S.F. 7-7 S.F. S.F. S.F. S.F. S.F. X too b S.F. S.F. )n.(o9. % A B •.• . $ > r ^ •• ** - A B • �s A·E-£� LN<c�rtaie, Sell�\�l� L,, 1v e • "7?^ /OcrtJ^ CtfLm ^r. Permit Mo« A^/3 AVO! J>l/AO ^t/y9 ■Sy^fS 3(g-n .?79 9 9V5-/ <^n‘i 5He-3^ ^tSJL PERHIT RECORD Date /d -9 4C 7d ^~/S'~70 <V-j>0-73 ^-/V-73 •7- 7-7.P^ 6>-S'- 7/^ ^■L- 9£) ?-$-9o 7-/ /'9(p Type of Permit .^jdLaA£&L±l^ m /a JcCt^^V ijJjJjP r^cp "fYVSLC^ >>1 x^r■/(Q-^ s •rW. V *■*-‘^. A ■®t ^ ^LiilUiii'Jl’.’JU!rrr tinil -r ei/^T I ■ ,JB ;J ^ 49 ■'V. > I / /" / y' { )t A ;- .X i\> 'ml / p-i I !; ^SSJitZ^ZX^ HWil' ■-'. M >I ( / r' --i < i 1 \ i-I I I I V. V\ :L'Ji.ai.liU.I rj n • ^-K mi.%: u..11 /. // *» i • I Ijr.L'1 rjn-T 34 a X rmM X. '. 4- " i.'Vi*:*' ■X x/r i .'fi •^4 \ \ \ .... i ■Af \.j// 7 TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Assistant Zoning Administrator DATE; SUBJECT: January 11,1999 #2451 Lyle and Gretchen Shaw 1750 Shadywood Road Variances-Public Hearing Zoning Dbtrict: LR-1C One Family Lakeshore Residential District (1/2 Acre) Lot Area:10,430 square feet (.30 acre) Application:The iq>plicants have proposed to construct a 786 s.f. two-car garage addition with above living space. Currently, the lot does not contain a garage. A small 5' by 5 shed is located on the street property line for storage on the lot The existing house is 20' by 36'. This application requires the following variances: 1.Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): To allow 2,389.82 s.f. (51.1%) of hardcover in the 75-250' lakeshore setback, where 719.45 s.f. (15.3%) exists and 1,169.5 s.f. (25%) is allowed. 2.Section 10.03, Subd. 14 (C): To allow 1,649.7 s.f. (15.8%) structure, where 888.7 s.f. (8.5%) exists and 1,564.5 s.f. (15%) is allowed. Pertinent Ordinances: •Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback •Section 10.22, Subd. 2: Allowed Hardcover •Section 10.56, Subd. 16(L)( 1); Allowed Hardcover §2451 Lyie and Crtichen Shaw / ‘50 Shadywcod Road lariances I//9.V9 Fagi 1 ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,780 s.f.100'75 ’10’30’ Proposed 10,430 s.f.61.55'75'10’54 ’ The proposed addition would meet all lot requirements for residential additions. No variances are required for lot area and yards. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75’5,752 s.f.517.25 s.f (8.9%) none (0%) 517.25 s.f (8.9%) none 75-250 ’4,678 s.f 719.45 s.f (15.3%) 1,169.5 s.f (25»/i) 2,389.82 s.f (51.1%) To permit an addition of 1,670.37 s.f of hardcover. 250-500'0 0 0 (30%) 0 none 500-1000’0 0 0 (35%) 0 none 0-75' Lakeshore Setback The existing residence is located SS* from the lakeshore of Lake Minnetonka. The attached deck is 48' from the lakeshore. The total hardcover closer than 75' from the lake would not be altered by the proposed plan. (H45! Ly!i and Creichtn Shm¥ 1750 Shadywood Road Variances 1/19/99 Pagf2 i 75-250' Lakeshore Setback The existing hardcover would increase by 1,670.37 s.f. The property could add 450 s.f. of hardcover in the setback without requiring any variances. The proposal would raise the hardcover to 51.1 % where 25% is allowed. Structural Coverage Total Lot Size Total Structural Coverage Percentage 10,-; 30 s.f.Existing: 888.7 s.f. Proposed: 1,649.7 s.f. 8.5% 15.8% The proposed addition would raise the total structure above the allowed coverage for the lot. The Zoning Code allows a maximum 15% of the lot to be covered with structure. The allowed structural coverage for the lot is 1,564.5 s.f. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship as Exhibit B. The applicant should also be asked for their testimony regarding this issue. Issues 1.The existing lot does not contain a garage. The proposal would provide the applicants a 36' by 24' attached two-car garage. 2.The proposal would meet all yard requirements. O.Hardcover would increase to 51.1% in the 75-250' lakeshore setback. Not included in the setback is 517.25 s.f. of hardcover that would remain in the 0-75' lakeshore setback. Existing on the property is 15.3% hardcover in the 75-250' lakeshore setback. A 5' by 5' storage shed that exists on the street property line would be removed should the development be approved. #5/ Ixle andCretchen Shaw »hadywood Road stances i/l9/99 Page 2 STAFF RECOMMENDATION •The lot is undersized for the zoning district, however 51.1% hardcover may be to ambitious for this particular lot. The 517.25 s.f. of hardcover that exists in the 0-75' lakeshore setback would remain on the lot. The total hardcover would be 2,907.07 s.f. •The Planning Commission has the following alternatives to consider. A.To recommend approval of the application as submitted based the applicant’s Statement of Hardship. B.To recommend denial of the application based on hardcover of 51.1% where only 15.3% exists and 25% is allowed, and structural coverage being greater than 15%. -'1 C.To amend the application. Staff recommends alternative B to deny the request based no apparent hardship on the lot that would require a 36' by 24' garage when the property could contain a smaller or detached garage, thus minimizing hardcover. Should the Planning Commission recommend alternative A, to approve the application, staff recommends the applicant provide a drainage plan that would be acceptable by City Staff to show the proposed development would not pose a risk to the subject property or adjacent properties. This being completed prior to the issuance of a building permit. \Attachments A B C D E F G H 1 J K Application Description of Request and Statement of Hardship Site Plan/Survey Plat Map Location Map Site Topography Hardcover Worksheets Elevation Views Floor Plans Property Owners List Permit Record i/ Lyle and Gretchen Shaw 1730 Shady \%ood Road Variances 1/19/99 Page 4 A : :t Appliutuon §L Date Received /^Au/^g ' ..Amount Paid. 2.S'0®®___ CITY OF ORONO - VARIANCE .^PLICATION .Initial Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00-.. (no change from original application) ' . Variance for non-conforming structures ‘ $250.00 After-the-Fact Fees Rouble application fee) PROPERTY FORMATION . ^ SiteAddress 0^*50 >^/i/iCYuJooC *.» />-//> '^5 -z/ '■c£>o'nProperty Identification Number (PJ.D.1 ______ Attach legal description to application if not included on required survey. Date Propertj^cquired ___________________ . /^9-4 (montfa^ear) I (do) ^ n^ also own the adjacent parcels of land. •-7 Present use of property: Kt residential Zoning District:, other (specify). APPLICANT Phoneftiom e'> ^/z.9^Ajys> Name /aiPhone (woric ).<r/^ Address: /no^City:______Zip : <jS32S&| OWNER (if d^erent than a^lic^t) L^ui.Phone (work ).?5y..<tame /7S^ ^fnMVt-'Ctrty ^»iO Phone (home ). V>/^ Phone City:_________Zip : 35"^* f DESCRIPTION OF REQUEST E^ted Constmction Cost Describe request in detail:S^fg. (attach additional sheets , if nec essary) VARIANCES REQUmED Lot Area Lot Vfidih . ' Poc Hardcover ..Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COOTITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with 21otung Code requirements: »Sfe. .___________________ (attach additional sheets if necessary) December 16,1998 ROELOFS REMODELING & RENOVATION B REQUEST FOR VARIANCE 1750 SHADVWOOD ROAD SITE CONDITION; The subject property is a small lot (less than Vi acre) on the West shore of Crystal Bay. The site is generally flat though located on a modest ridge. The main yard rises approximately 6 feet above the street, continues flat and then falls uniformly to the lake (28% slope). The site is not heavily wooded but mature trees and some bushes exist. The existing house is small (746 SF). It contains a small Bedroom, Kitchen, Living Room and a Bath. Winding stairways approximately 30” wide provide access to a finished expansion space beneath the roof (100 SF ovei T tall) and to the full basement found under approximately 2/3 of the building. The house built sometime in the 20’s or 30’s is in generally good condition. No Garage is located on the property. A 5 x 5 storage shed encroaches on the county right of way. REQUEST: The request for variance comes in two parts. The first is acceptance of the existing conditions. The existing house lies too close to the shoreline and too close to the North pi operty line. The house was built long before the setbacks were established. The second part of the request is for a variance for hardcover to construct an addition to provide a two-car attached Garage and an asphalt driveway with turnaround. Construction is contemplated on top of the Garage to expand the house at some point in the future but when is a function of budget, timing and such. Plans submitted present a comprehensive design solution and “wish list.” The Garage building is a basement garage type requiring some cutting of soil to provide access and some likely retaining of dirt. Specifics are as yet unclear. The Garage, though lower in elevation, is designed to borrow approximately 4’ from the existing basement to perform at a nominal width of 22’ (24’ less two 12 ” block walls) while maintaining the required sideyard setback to the South. The depth of the Garage, nominally 36’ is designed to provide adequate but not generous storage at the front of the Garage for lawnmowers, snow blowers and the like and to provide space for a legal and acceptable stairway bet\^een the main floor and the lower level and Garage. The proposed driveway would be minimal in width, slightly wider than the garage doors, tapering quickly to one car width. The turnaround would allow for nose first entiy to Co. Rd. 19. The variance required would be for hardcover totaling 51.1% in the 75’ to 250 zone. No greater encroachment toward the water is needed. No expansion of the portion of the existing house that is within the 0 to 75’ zone is requested or contemplated. E., 1 'W % aT I n I'; I190Q\\.\YZAT.\BOL1E\'.VRD • SUTE212 • .MIN.NETONK.V. MX 55505 F(Lx:612 5I20469 * Pbone:6I2-5l2-OIIO ROELOFS REMODELING & RENOVATION Variance Request -1750 Shadywood Road Page Two The hardship is that of many of the properties in and around Lake Minnetonka. The lot is small and the restrictions and zoning adopted long after the house was built make it very difficult to bring the house to any contemporary standards Iiat align with the market values. A r^o-car attached Garage with an asphalt driveway is a fairly basic expectation. We hope that after thoughtful consideration you agree. Sincerely, Gerald L. Roelofs CR ROELOFS REMODELING & RENOVATION, INC. License No. 1095 n •A*. \. / r 1 *V*.' 11900 WAmT.\BOLlE\:\RD • SLTrE212 • .M1NN'ET0.\K.\. .\L\ 55305 Fa.v. 612-512 0469 * Phone: 612 5 12 0110 Uen«a ^ IC43 OF LOI 1b, bl-AUYWUUU HENNEPiN COUNTY, MINNESOTA Trrrrrrm ‘ r < ■0 ^TTl------- EXISTING : X 4 Deck HOUSE X .-J> •• 5 39®53'30" E HT75 •SiOlAMUK 125.70 %D2.iatuW EXISTING , fifi.60 EXISTWC f'---------- ^ SHEfP^- IA.»\30.72 _ _ ccr^^r M 89*53' 30" WIf:* w ^-s. S IS/ f?inoot«5MU> ‘•CTIn Pswfcftti^ , E» LEGAL DESCRIPTION OF PREMISES Lot 16. SHADYWl ^94A»j J Jen0-t0i 9i/!m!"S '"*‘*'* itve/ ./«#•>*« o : denotes iron marker _______denotes existing contour line, mean sea level datum Bearings shown ore based upon on assumed datum. I f% v>/' This survey intends to show the boundaries of the above described property, ond the location of on existing house and shed thereon. It does not puport to show any other improvements or encroachments. X '1 '*o ^75 • S7S2 i 74i.^r. 7S~tse> s H78 tra. t\ gVC) \£ 130.90 r W W 9^ EXISTING M 09ck HOUSE J S* » B B t MW 205.41 ^ 225.3 »\ ®(I5)V g 215.2 9 (16) ^205 ^ (17) 195.1 --(18) ^ ^ (i-. ....ii - W J 175.4 •\^ \ 1-7 7 e~i. «3(r 165.5 ^ |4l ________ r J 25 (16) 294.4 IBTH 19;: ELM L^&yicbune^^^:i;:j^|l?*.f • .• *.'• •v^X'Sr * '1 ‘'X SSI «* ,1 : ^ ■*-^‘^.' •••.’A ^V. . ’y.\ 3^WEST mmcKiiD - • -' ^ \ vL^-iiiVy*; V »•- ■^y'-''f------ ^'i^^^::Nortk o cunii ST SCHRBT^ME DB ^•7- . .^ v*-**. ; •-1^,r •--••-* » ,- -. . • / T.. . »; . V -%•BATS .«?/ 13s BATS 9 ^loSti ■^saso®**^ a ■•••-.^3 Bl » 5ta*®5J '"■*-------------« * •- 'c^Forest, ^BBAIOV^iL\A^ . W j li •• —> •- J oaxdahlwd ^ k®l?- ••-•••. .• " A •«• ^ V -2 S f TT_: V . B ,n ••/ * < ^1^ •. « 1*' '•?■...•• ..: :•■-•- V. " ■' 0 • ( • hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE)75-250*250>500'-if.500-1000^ EXISTING HARDCOVER IN y.01>r7 .r . A.House •*•’-X f Len«* X X •X X width 2a. r S.F. ••; ' B.Oarage f C.Drivewi^ D.Sidewalk E.Fatio/Deck F.Landscape Underlain By Plastic G.Other • • IifL X X X X X X X X X r 39%^S,P, __________S.F. S,R cs XS' • . • 9>S'C’ 2<a. o S.F. S.F. S.F. S.F. S.F. S.F. S.F.•• • S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERFY AREA IN ZONE +B S*>5-d X 100 Sf'?.l'T S.F. y>5-z. X S.F. « PROPOSED HAPnrOVER TN ZONE A.House Lcogih X X X Width S.F. S.F. _________S.F. S.F. B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic G.Other X X X X X X X ^>.5" Zc> o S.F. S.F. S.F. S.F. S.F. S.F. ’ S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE +B Sr‘>SZ. 5V>.d^ S.F. X 100 S'ySZ S.F. t.J % A B ipa ^ rr •I N £ A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’250-500' .IKIIIC A House '* G hardcover in -> G,2»f2 500-1000* B.Garage • « C.Driveway D.Sidewalk £.Patio/Deck F.Landscape Underlain By Plastic O.Ocher s width 20.5^ . X X X X X •X X X X X X r TOTAL HARDCOVER IN ZONE TOTAL PROPER rV AREA IN ZONE •>/‘7 B y/X 100 PROPOSED HARnrOVER IN 70NR A.House ZO-< Lcnidt *. o JlJL B.Garage C.Driveway D.Sidew^ E.Patio/Deck F.Landscape Underlain By Plasdc G.Other X X X width X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA LN ZONE 23/9/2. ■ + B X 100 S.F. VS~ S.F. __________S.F. ••• •• S.F.- S.F. S.F. 29 S.F. S.F. S.F. S.F. • * S.F. S.F. S.F. Z<S.F. S.F.A S.F.B ysT,3 % S.F. O S.F.1 1 ■iZ. o S.F. 1 .. •* .>*• •S.F. S.F. : 9/^2.9<^.S.F.s: ■ •• •a *•S.F. 96.9 3 S.F. • • mm S.F.f ••• ^ S.F. • S.F. S.F. S.F. S.F. S.F. o/3/9./2 S.F.A y/S.F.B •.5*/. /% 1:0 ? t. / S.U i \i •c ’ *\' '4 li c,y • •• ^ •' V i" } / . » '* ‘j r/ / 1:0 *f ’Vj .. ' " • « 'J ■J f • * •”./ «: • r; •P (/> *n L. X G) Ci ,1 /. f- r :» V, l:‘.•.;rj * 1.0 r---v «p i •••• • A p'•------- •.•- I •MC fX % i.tfI —r KAi f*1 f: .1: t\) ft v-A \Ai mm DATE 12/15/98 BATCH 581 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OMNERS LIST REPORT NO. P193S981 PACE 1 \T7 38 17-117-23 21 0802 PROP AOdR 88838 ADDRESS UNASSX6NED ONNER NAME ’ A 8 D FINKELSTEIN TAXPAYER ARTHUR I DOROTHY FINKELSTEIN NANE/AODR 9933 189TH AVE N MAPLE 6R0VE tIH 55389 38 17-117-23 21 8883 88838 ADDRESS UNASSX6NED AID FINKELSTEIN . ARTHUR 8 DOROTHY FINKELSTEIN 9933 189TH AVE N MAPLE 6R0VE MN 55369 38 17-117-23 21 8886 88836 ADDRESS UNASS16NED HENNEPIN FORFEITED LAND . CITY OF ORONO P 0 BOX 66 CRYSTAL BAY NN 55323 PROP AODR ONNER NAME TAXPAYER NANE/AODR 38 17-117-23 21 8887 88838 ADDRESS UNASSI6NE0 HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 38 17-117-25 21 8819 81728 SHADYNOOO RD M E PEMBERTON ET AL TRUSTEE WALTER H/MARXLYN E PEMBERTON 1728 SHADYNOOO RD WAYZATA NN 55391 38 • 17-117-23 21 8828 81748 SHADYNOOO RD T B 8 M L SWANSON THOMAS B t MARILYN L SWANSON 1748 SHAOYNOOD RD WAYZATA MN 55391 % SS3 PRW AODR ONNER NAME TAXPAYER NANE/AODR 38 17-117-25 21 8821 81758 SNAOYWOOO RD ORETCHEN S SHAW CRETCHEN S SHAW- 1758 SNAOYWOOO RD WAYZATA NN 55391 38 17-117-23 21 8822 81768 SNAOYWOOO RD GAIL S BRINER GAIL S BRINER 1768 SHAOYNOOD RD WAYZATA m 55391 38 17-117-23 21 81778 SHAOYt B J 8 T J PETEI BRADLEY 8 TRACI PETERSON 1778 SHAOYWOOD RD WAYZATA MN 55391 fi t T {• •* •• •• ^'•• PROP AODR ONNER NAME TAXPAYER NANE/ATOR 38 17-117-23 21 8824 81788 SHADYNOOO RD DARYL R CARLSON DARYL R CARLSON 1768 SHAOYNOOD RD WAYZATA NN 55391 TOTAL BATCH 581 88818 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE F. / _ PERMIT RECORD Permit No.Date fe-/7-77 9fS3 C-JO- 7 7 .CT'y!^ Type oE Permit HdOt^oP Uj - Hodf^oP PlW \ to Date of Application:0 1/04/98 TO: Chair Smith and Orono Planning Commissioners Ron Moorsc, City Administrator FROM:Liz Van Zomeren, City Planner/ Zoning Administrator DATE:January 14,1999 RE:#2452 Peter Andrea Company, having an interest in 5XX Stubbs Bay Road North (PID# 32-118-23-24-0007)____________ Exhibits:A B C D E F Application Location Map Zoning Map Sketch Plan Section Map Hwy. 12 preliminary design Zoning District: RR-1A One Family Rural Residential District (5 acres) Comprehensive Plan:Rural Service/Rural Residential District Lot Area:36.47 total acres, 32.62 dry acres U2452 Andrea Co. 5XX Stubbs Bay Rood Sketch Plan page-1 Date of Applica(ion:01/04/98 Proposed Lots: Lot Total acreage Total dry acreage Block 1, Lot 1 5.05 acres 5.05 acres Block 1, Lot 2 5.05 acres 5.05 acres Block 2, Lot 1 5.10 acres 1 5.05 acres Block 2, Lot 2 5.45 acres 5.05 acres Block 2, Lot 3 6.6 acres 5.0 acres Block 2, Lot 4 6.8 acres 5.0 acres Outlot A(road) Outlot B (road) North parcel 5.5 acres 5.5 acres Application: The applicant is proposing to subdivide a 36.47 acre parcel into 7 lots with two outlots for access. Each lot would contain a minimum of 5 acres and be served by a private road that terminates in a cul-de-sac. The most northerly portion of the property is expected to be impacted by the proposed Hwy. 12 construction. (See Exhibit F). RR-IA Standards Lot Area Lot Width Front Yard Rear Yard Side Yard Side Yard Adjacent to Street 5 acres dry buildable 300'100'100 ’50 ’100 ’ ii2452 Andrea Co. 5XX Stubbs Bay Raod Sketch Plan page-2 Date of AppUcatiotvO 1/04/98 It appears that the proposed lots could meet the lot area, lot width and yard requirements for the Rural Residential, RR-1A District. Lot 2 in Block 1 indicates that the street frontage would be 180'. The lot width needs to be measured at the 100’ front yard setback. This lot may not meet the 300' width requirement. The northerly lot is proposed to have access from Outlot B. If it is to be a back lot served by a private driveway instead of a private road, it will be considered a backlot and would need to have 150% of the 5 acre lot requirement. However, the applicant needs to clarify his intent for this parcel as it appears that a portion of it will be taken for Hwy 12. Septic Systems No septic reports have been prepared. Prior to filing a preliminary plat application, septic sites will need to be tested and reviewed. Park Dedication Fee The Park Commission has not yet reviewed this application. Engineering Issues The sketch plan has not been reviewed by the City Engineer. Stormwater Management The applicants will need to contact the Watershed District for stormwater management issues. STAFF RECOMMENDATION To review the proposed sketch plan and have the applicant provide additional information regarding the use of the most northerly portion of the parcel and the purpose of Outlot B. U2452 Andrea Co. SXX Stubbs Bay Rood Sketch Plan page-3 Application # Date Received /- Amount Paid Jiso CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION ^ „ Site address ^ /fA)' Property Identification Number (PID) //f 0^ Please check one - Property__^ abstract or____torrens? Attach legal description to application. APPLICANT ^ ^ Name Address fWr Citv OWNER (if different than applicant) Name S<<AA ’/)if Address 5^^^ Phone (home) 59 ZiplUi^ Phone (work) Phone (home) City m 9SUxjc^ Zip Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District 1^6.y7 Acres Dry Land Acres Wet Land -/u^ Acres Total, all parcels Residential; no. of units ^ Other (specify)_________ PROPOSAL _________ Division for Tax Purposes _________ Lot Line Rearrangement Only (no new buildling sites) ____ Subdivision for New Building Sites Number of Building Sites Existing Units C ~ New Units K Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per^^^^ Acres Sq. Ft. Dry Buildable Land Residential _____Other (specify)________ f • n // C f..- '• • •. . • *.*•’ *^•/ L0CM10M M(KP ii IKKJH B LMaNitfrVAft 20NlNfr HfsP C, K 5(£610l -N \I '*^jirf'—I / / / •SKETCH PLAN FOR ■PETER ANDREA COMPANY IN THE NW 1/4 OF SECTION 32-118-23 HENNEPIN COUNTY. MINNESOTA \ /“•r# /#*# 0* rrvk #/4^ I / /'///.> '•St/, , ' I \ - 'i , N ^ X .. \w .\ • A'#*f‘» 04 ^ J0m^0 OMP 00 ^0g H*^00t0m>'*0 100 300 *00 SCALE FEET ' C: ;:-•• :,• g ... .;: >• �iii I\ -, -�► -· ►• ij n1n"' .. ►-... �-et. � ► r ,.. o A::: r... ... !r i � -· )II ... � Ii, f,l v, i "'-. ► ......,.._ J 11 . lo • i, t I �.. • • i,. • •..• : • :-.... :: ..... i ti . .I . . • . • • .• • I • . . • .• . I• . • . . • . ' ''' ' : : t ' : : . ' • • I : : ' ·® r • • -I - -·· - - .,• ; t I I I I I I - !! •. ' I I i; I (i\r �, -• .. -· ---.. --- ,.,,.o .. , I ,. _ . ..,, • • • ' '""-· \A C I CP - � � � -" -= - .... • • • -• • I I .__ . I ® -{� ' .,._ !@ ., C ... � __ ! I s C'-. P} • N --I • -.... -:::o • ,..., (.to! 0 00 0 0 0 0 0 ,,, .. • .... ...... ............' ', . ..... • • --/ ...... , / ---- I ., 0 ID U) Pl --t- Cl) I'•' � �• � � � • � 0 •• • 0 • •o 0 ,,, • • --"'"' / , ___ .,. . ...... -·--·-- 0 0 0 0 0 0 • •• C. • • ••• •• • ... •• • • ••• Oo• • • 0 0 0 - Oo II 0 t>O O II• l/.D 0 0 0 • O 00 0 0 0 • 0 0 0 0 0 0 0 0 0 0 /. 0 .. J .•• . . ' 0 0 0 ••0 0 0 • • • 0 0 0 °I • •• • • ., 0 • • " \ \ • .\ • • 0 • ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 V ROLL The Council met on the above-mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, City Engineer Tom Kellogg, City Clerk Lin Vee, and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) 1999 Lc\7 Adoption Hearing - Adoption of 1999 Budget and Tax Levy A.Adopt Final 1998 Tax Levy Collectible in 1999 - Resolution No. 4209 B.Adopt 1999 General Fund Budget - Resolution No. 4210 C.Adopt the 1999 Special Revenue Funds Budgets - Resolution No. 4211 Mayor Jabbour stated that the Truth in Taxation Hearing was held on December 7th. There were no public comments. At the hearing. Council directed staff to reduce the tax levy to $2,291,884. This is an increase of $66,675 or 3.0% over the 1998 levy rather than the proposed 5.1% increase. He stated that, as a result, actual tax statements will be less than the proposed tax statements. Peterson moved, Kelley seconded, to approve Resolution No. 4209 Adopting the Final 1998 Tax Levy Collectible in 1999 of $2,291,880. VOTE: Vote: Ayes 5, Nays 0. Mayor Jabbour thanked staff for staying within the budget. Kelly moved, Flint seconded, to approve Resolution No. 4210 Adopting the 1999 General Fund Budget of $3,850,000. VOTE: Vote: Ayes 5, Nays 0. Goetten moved, Peterson seconded, to approve Resolution No. 4211 Adopting the 1999 Special Revenue Funds Budgets. VOTE: Vote: Ayes 5, Nays 0. (#2) CONSENT AGENDA Items 7, 12, 13, 15,16,19,20,21,24,27, and 28 were added to the Consent Agenda. Goetten moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0, Jabbour Abstained. APPROVAL OF MINUTES (*«3) REGULAR MEETING OF NOVEMBER 23,1998 Goetten moved, Flint seconded, to approve the Minutes of the Regular Cit>* Council meeting of November 23,1998, as submitted. Vote: Ayes 4, Nays 0, Jabbour Abstained. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (*#4) TRUTH IN TAXATION MEETING OF DECEMBER 7,1998 Goetten moved, Flint seconded, to approve the Minutes of the Truth in Taxation meeting of December 7,1998, as submitted. Vote: Ayes 4, Nays 0, Jabbour Abstained. PARK COMMISSION COMMENTS - Andrew McDermott, Representative Commissioner Andrew McDermott thanked the Council for putting funds in the budget for the Park Commission. McDermott reported that the Commission met with approximately 20 neighbors in the Dickey Park area and reviewed the preliminary plans with them. They discussed changing the name of the park. The Commission is proposing a trail from the park down to Old Crystal Bay Road and another trail through the park to Thoroughbred Circle. The neighbors asked for som<* minor modifications to the plan, but they reacted favorably to the preliminary plans. McDermott said a meeting with the Navarre area residents has been postponed until January. McDermott encouraged the Council not to release too much of the letter of credit for Spring Hill Golf Course until the developer finishes the trails. McDermott noted that the winter recreation program starts right after ChrisUnas. He stated that Irene Silber ’s and his appointments to the Park Commission expire at the end of this month and tliey would like to be considered for reappointment. Kelley asked if any of the Dickey Park neighbors talked about the easement from the old road up to the park. McDermott stated that one neighbor was in favor of it and they have not spoken to the other neighbor. Jabbour talked about meeting held with the Navarre residents. The Navarre residents would like to pursue purchasing two lots that belong to Paul Larson and Matthew Sohnes. Jabbour stated there are three priorities: 1) the Eisinger property, 2) access to the Saga Hill park through the Fairv'iew Covenant church property, and 3) Navarre. He also talked with them about the Dakota rail line and they were in favor of Hennepin Parks becoming involved with developing it as a trail. PLANNING COMMISSION COMMENTS - Bill Stoddard, Representative None. PUBLIC COMMENTS *None. Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 ZONING ADMINISTRATOR’S REPORT {US) #2355, VAN MOORLEHEM/TURNHAM, 4490 WATERTOWN ROAD - SUBDIVISION, FINAL PLAT APPROVAL - RESOLUTION NO. 4212 The applicant was present. Gaffron stated that this is final plat approval for the Tumham Toll Addition which is at the intersection of County Road 6 and Watertown Road. All the required information for final plat approval has been submitted. A drainage easement incorporates vegetative buffers. The Minnehaha Creek ’vatershed District concluded that due to the nature of this plat, no MCWD permit will be required, and no stormwater control structures or improvements are required. The applicant is requesting a revision from the standard Conser\ ation and Flovvage Easement language, to 1) allow the existing fence within the wetland on Lot 1, Block 1 to remain and 2) to allow continued use of the wetland area within the fence as pasture and grazing area. Pasture and grazing are permitted uses within wetlands per the provisions of the zoning code. The existing fence could remain as a legal nonconforming structure. The park dedication fee is $4,900 per lot for a total of $9,800. Staff recommends the granting of final plat approval, including acceptance of the revised language of the conservation and flowage easement. The applicant had no additional comment s. Jabbour questioned the number of lots being created. Gaffron responded that two new lots will be created. Flint questioned the status of template language to address drainage issues. Gaffron stated that a template has not been adopted and it does not apply to this application. Flint stated that the Minnehaha Creek Watershed District does not require a permit for subdivisions under a certain size and that leaves the question open as to what the City requires. Orono has a policy that says the runoff will be handled on the property. Flint questioned whether the stormwater drainage policy would apply to this property. Jabbour stated that, in this case, the runoff is being handled by the vegetative buffers. He explained the Minnehaha Creek Watershed District process. Gaffron stated that rather than using template language, it may be necessary to identify unique asp)ects of each subdivision. Moorse recommended using the language “final grading and drainage plan needs to be approved by city staff ’. Goetten moved, Flint seconded, to approve Application #2355, 4490 Watertown Road, and adopt Resolution No. 4212 approving the Flat of Turnham Toll Addition. VOTE: Ayes 5, nays 0. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (#6) #2395, BRENT BENTROTT, 1453 PARK DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 4213 The applicant was present. Van Zomeren stated this application was reviewed at the November 23rd City Council meeting and it was continued for the applicant ’s surveyor to provide a drainage plan and map that met the City Eng ineer’s concerns regarding drainage. The application is for a conditional use permit to allow grading for a driveway to be constructed on the property at a 10% slope and for the driveway entrance to be located on one-half of unopened, but platted Bluff Street to serv'e a new garage located 8’ off the property line which would require a side yard adjacent to street variance and variances for improvements to the house. When the Planning Commission considered this application in November, they recommended approval of the variances for the house. They did not recommend the conditional use permit for grading and land alteration. The current plan would require approximately 500 cubic yards of fill to raise the elevation to provide a suitable building pad for the new garage. The previous plan had a culvert that was more closely located to the neighbor’s house. The current plan improves drainage by moving the culvert farther away from the property line and directing drainage to the natural drainage way that exists on the property. Greg Gappa and Tom Kellogg have reviewed the plan from a drainage perspective and believe that the current plan would take care of the runoff. A hold harmless agreement has been sent to the applicant. The applicant had no additional comments. Jabbour asked if the next door neighbor was contacted and kept up to date on the changes to the plan. Van Zomeren responded that both neighbors were contacted and she did not receive any negative comments from them. Jabbour asked the City Attorney if he had researched allowing the applicant to use the unopened, but platted property. Barrett responded that he is satisfied the City can allow the applicant to use that half of the property. Flint moved, Jabbour seconded, to approve Application #2395,1453 Park Drive, and adopt Resolution No. 4213 granting variances for side yard adjacent to street for the three season porch and entrance improvements to the residence and hardcover in the 0*-75’ and 75’-250’ setbacks and further, granting the conditional use permit for land alteration for 500 cubic yards of cut and fill and grading within 5* of the east property line. VOTE: Ayes 4, Nays 1, Goetten opposed. Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (*#7) #2399, MURIEL SENN, 4448 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4214 Goetten moved, Flint seconded, to approve Application #2399,4448 North Shore Drive, and adopt Resolution No. 4214, a Resolution Granting V'ariances to allow the addition to be located 8.7’ from the north property line where 10’ is required; to allow the addition to be located 5 ’ from the edge of the right-of-way where 35 ’ is required; to allow hardcover variances for 25.09% in the 0’-75’ and 66.46% in the 75’-250’ setbacks; and to allow a structural coverage variance of 16.9% where 11.62% is existing and 15% is allowed. Vote: Ayes 4, Nays 0, Jabbour Abstained. (#8) #2411, PAUL AND LEANN HANSSEN, 3195 CASCO CIRCLE - VARIANCES - RESOLUTION NO. 4215 Weinberj-er stated the Council approved application #2411 for Paul and Leann Hanssen, 3195 Casco Circle, on a vote of 4 to 1 at their November 23, 1998 regular meeting. Flint moved, Peterson seconded, to adopt Resolution No. 4215, a resolution granting variances to allow hardcover in the 0-75’ lakeshore setback, to allow a boathouse to exist within 75’ of the lakeshore, and a variance from the side yard adjacent to street setbacks to allow the structure to be located 10’ from a platted public right-of-way, where 15 ’ is required. VOTE: Ayes 4, Nays 1, Goetten opposed. (#9) #2417, TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD - B-5 AMENDMENT - WITHDRAWAL Robert Cunningham, Vice President - Development, TOLD Development Company, informed the Council that Walgreen Company did not approve the site at 2380 Shady wood Road. Jabbour expressed his appreciation for the way the developer worked with the City on this application. Cunningham stated that Walgrcen ’s turned down the site for reasons unrelated to the City’s site planning or zoning concerns. Their reasons are inadequate projected sales volume and the site does not fit their criteria for being on the comer of two major roads. Flint commented that staff will be working with the owner of the site to address issues regarding the condition of the site. Jabbour stated that the property is becoming a storage facility and he is concerned about the condition of the building. He requested that staff work with the owner to resolve these issues. Cunningham stated that he recommended to the owner that they block access to the propert>\ Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (U9) U2417, TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD - continued Flint commented that at a meeting with the neighbors, they pointed out that the wetland on the property is being used as a dumping ground. He stated that the area, not just the building, needs attention. (#10) #2425, SIDNEY AND BARBARA REBERS/SERVICE 800, INC., 2190 VVAYZATA BOULEVARD - REVIEW SUBDIVISION APPROVAL CONDITIONS Gaffron stated that the final plat drawings are not ready and final plat approval will be postponed until the Council ’s January 11 meeting. There are two specific conditions for which additional discussion is warranted at this time: 1) the park dedication fee amount, and 2) the financial security requirement for the future service road. He recommended that the park dedication fee amount be discussed after the Council considers the next item on the agenda, the Commercial/Industrial Park Fee - Administrative Procedure. Gaffron stated that a condition of the preliminary and final plat approval is that the developer provide to the City an escrow or letter of credit to cover the anticipated costs of future service road development adjacent to the rear of the property. The City Engineer has estimated the cost of a 28 ’ paved road with concrete curb and gutter, storm sewer, etc. (but not trail construction) from Brown Road to Willow Drive, and prorated that cost for the 153 ’ length adjacent to Outlet E. The estimated amount attributable to this site is $51,162 and the escrow amount would be 150% or $76,743. Gaffron stated that the applicant has requested that the Council explore alternatives to encumbering $50,000*$75,000 for an indeterminate period of time for a road project that might only be constructed many years in the future, if ever. Jabbour stated it would be reasonable to look at other alternatives. Goetten commented that the road is less likely to be developed now that the new Highway 12 location has been determined, but there is a possibility that it will be built sometime in the future. She concurred with Jabbour. Jabbour stated it would be an undue burden on the applicant to retain a letter of credit year after year. He would like everyone to agree that if the road is built, they will pay their fair share and that they cannot waive their right to an assessment before an assessment has been applied. Gaffron stated that the applicant's attorney and the City Attorney have drafted a document that comes close to waiving the applicant’s future assessment appeal rights. City Attorney Barrett said he has discussed a waiver with the applicant's attorney. He is not comfortable with waiving the costs of the road, especially for future owners of the property. He believes there is some risk to the City that a second or third owner of the property, when the road goes in, may object that under the statute that they can ’t have this waiver effected. Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (#10) §2425, SIDNEY AND BARBARA REBERS/SERVICE 800, INC, 2190 fVAYZATA BOULEVARD - continued Jabbour stated that the city might find it necessary to open that road and it would benefit the landowners. He asked if the City has security from other landowners in that area. Barrett said this is the only security for the road as it is now platted. Gaffron said that is correct. The City has an easement underlying the Otten property, but no security to make sure the road gets built. Flint stated that if the City does not have security from the rest of the owners, it should not be required from this applicant. He asked who will own the road after it is no longer Highway 12. Gaffron responded that the County will owti the road. Jabbour questioned whether Gaffron received the direction he was looking for from the Council. Gaffron said he senses that, conceptually, the Council is not opposed to dropping the security and accepting some other type of agreement. Gaffron stated he has discussed rezoning the property to B-4 with the applicant and the applicant is amenable to the rezoning. Rezoning to B-4 would eliminate some of the retail uses that might be a concern. There are a few B-4 uses that would not have been possible in B-1, such as nursing homes, schools and libraries. Jabbour stated the parking should have been calculated for B-1 zoning. Jabbour continued Item 10 without objection until after Item 1 1 is handled. Page? ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (#11) COMMERCIAL/INDUSTRIAL PARK FEE - ADMINISTRATIVE PROCEDURE - RESOLUTION NO. 4216 Gaffron stated that at the November 9 meeting, the Council tabled this matter and directed staff to review and compare methods for determining the park fee by using 25-30 employees per acre or using a straight percentage method. He stated that for a commercial or industrial property, on average, the number of employees that can reasonably be accommodated will likely be in the range of 20-25 employees per acre. Using $3.00 per square foot as an average value of developable commercial land, this translates to $130,000 per acre, of which 8% is $10,400. Using 25 employees per acre as a standard, this is equal to 2.5 dwelling unit equivalents based on 10 employees equaling one dwelling unit. Based on the minimum/ma.ximum park fee of $2,900/$4,900 per dwelling unit, a one acre parcel should pay somewhere in the range of $7,250 to $12,250 for a park fee. The 8% park fee, on average, is roughly equivalent to the park fee that would be generated by the average commercial/industrial employee load of 25 employees per acre, on the basis that 10 employees have the same impact on the park system as a typical dwelling unit or household. Staff recommends that commercial/industrial park fees will be established at 8% of the Fair Market Value of the property, but not to be less than $7,250 per acre and not more than $12,250 per acre. He stated this is a clean way to determine what the park fee should be. Jabbour asked if Jean Mork Bredeson, applicant in the prior item, understood this fee structure. Ms. Bredeson stated this method of determining the park fee is simple and direct. Flint stated this is good language. Flint moved, Goetten seconded, to adopt Resolution No. 4216, a Resolution Establishing Minimum and Maximum Park Dedication Amounts for Cummercial/Industrial Zoned Land. VOTE: Ayes 5, Nays 0. (#10) #2425, SIDNEY AND BARBARA REBERS/SERVICE 800, INC., 2190 WAYZATA BOULEVARD - REVIEW SUBDIVISION APPROVAL CONDITIONS (CONTINUED) Jabbour questioned the width of the sidewalk. Gaffron stated that increasing the width of the sidewalk from six feet to eight feet has been made a condition of the resolution for final plat approval. Kelley stated he would like to sec the site plan with the eight-feet wide sidewalk. He would also like to sec the landscaping plan before final approval. Gaffron stated the landscape plan was part of the package for the last Council meeting, but he would be willing to review the landscape plan tonight. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (»10) U2425, SIDNEY AND BARBARA REBERS/SERVICE 800, INC,, 2190 WAYZATA BOULEVARD - continued Kelley asked if there is any action necessary tonight. Gaffron responded no, that the site plan was previously approved with two conditions. One, that the sidewalk be changed from six feet to eight feet; and two, that staff review the final landscape plan. He said it was not clear that the Council wanted specific changes to the landscape plan. Moorse said he recalled that the general direction of the Council at the last meeting was to compare the landscaping to the Otten property to make sure the two were roughly equivalent. Jabbour said he understood the reason this application came before the Council tonight was to discuss the park dedication fee and the letter ot ':redit. Gaffron said this item is for discussion of the subdivision, not the site plan. He believes staff has the direction needed to prepare for final plat approval. Jabbour asked if the applicant is comfortable with the direction provided by the Council. Jean Mork Bredeson (applicant) stated she understood that the discussion tonight was to get direction on the letter of credit and the park dedication fee. She is comfortable with the direction provided bv the Council. Kelley remarked that one of his goals for the corridor from Brown Road up to the schools is to get rid of the utility poles that are located on the north side of the road. He understands that it does not make sense to require the applicant to bury the utilities just on their lot, but he would like the ability to assess back the cost of bur> ing utilities if other lots are developed. Jabbour concurred that it would be nice to bury the utilities, but the cost would be prohibitive. The cost of buiy ing the utilities would be added to the value of the property, driving up the cost of the land and increasing density. Flint stated he is supportive of the broad boulevard concept envisioned by Kelley. He would like staff to look at the plan for the whole road from Brown Road to Willow to determine feasibility. Kelley suggested realigning the poles on the road that is platted. Cliff Otten stated he wanted to pay the extra costs and bury the utility poles on his property w hen they were moN cd, but NSP would rot allow' it because Orono was not interested in burn ing the rest oi'the poles. Pages ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (»I0) #2425, SIDNEY AND BARBARA REBERS/SERVICE 800, INC, 2190 WAYZATA BOULEVARD - continued Jabbour responded that Orono would have had to pay to bury the rest of the poles. He said the land in that area sells for $5.00 per square foot and that is similar to Minneapolis. He feels additional costs will add too much to the value of the land. Kelley stated he does not make decisions based on economics, but on what is best for the City. He tries to visualize what the city should be 30 years from now and how he wants it to look. He would like a contingency that would require the landowner to pay for burying the poles in the ftiture. It could be assessed, like the cost of a sidewalk. Jabbour feels it would be hard to justify assessing the costs because it is not a necessary service. He asked if staff should look into the cost of burying the utilities. Goetten commented that the Council should not burden staff if they are not going to require the utilities to be buried. She thinks it would be very attractive, but she is concerned about the cost. Jabbour asked staff to contact NSP regarding the cost of burying the utilities. Kelley questioned the limit on the height of the light poles. Goetten stated it was 20 feet. Flint stated he wants to see the whole landscape plan from Brown to Willow. No action taken. (*#12) AMEND FINAL PLAT APPROVAL - DRIVEWAY LOCATION - “4461” BAYSIDE ROAD - RESOLUTION NO. 4217 Goetten moved, Flint seconded, to adopt Resolution No. 4217, a Resolution Regarding Enforcement of Condition 2 of Resolution No. 3346. VOTE: Ayes 4, Nays 0, Jabbour Abstained. MAYOR AND COUNCIL REPORT Jabbour stated there will be a Highway 12 infomiational meeting on the 17th. He also indicated the Highway 12 Design Review Committee meets the first Wednesday of the month. Kelley asked about the format of the informational meeting and if there would be formal remarks made by anyone. Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 MAYOR AND COUNCIL REPORT- continued Jabbour stated it will be a public information meeting and Tom O’Keefe will make a presentation, followed by an opportunity for questions and answers, followed by a period for comments. Kelley asked how long the presentation will be. Jabbour stated he did not know. He said this is a three step process: 1) voting the corridor, 2) preliminary design, and 3) final design. Orono has voted on the corridor and the opposition time has elapsed. The preliminary design is now being discussed. Some of the items being discussed are really part of the final design. Moorse said that Patti token, Tom O’Keefe, and Keith Slater, representatives from Mn/DOT will be at the meeting. Many questions are property specific, so several maps will be posted on the walls and people will be given an opportunity to look at the maps and ask questions. Jabbour asked if staff has visited each property to determine the availability of primary and secondary septic drainfields. Moorse stated authorization of expenditures for septic testing for properties affected by Highway 12 right-of-way acquisition is on the agenda tonight. Letters have been sent to the neighbors requesting them to sign a waiver that would allow stafl' on their property. Jabbour stated that meetings have been held with homeowners that have to move because they are conc erned that they are not being treated fairly. At one time, the City would have had the right to obtain those homes with a loan from the Metropolitan Council and have Mn/DOT repay them for the homes. But from the time they identified the corridor to the time of construction, it had to be over a certain period of time and that requirement could not be met. Mn/DOT will start buying the right- of-way when the preliminary design is approved. Some people were critical of Orono, saying that the two-acre zoning was being compromised because homeowners with less than two acres will be allowed to stay. Flint said he wants to be sure people have an opportunity to ask questions. Jabbour said a previous meeting was very' negative. He told Tom O’Keefe that the Mn/DOT right-of- w'ay staff should be more forthcoming, bring a lot of information and not be evasive. Kelley questioned whether the City w'ill have line-item approval/disapproval when the preliminary' design is reviewed and if tlie City will have input on the unique charaeteristics of the road. Goetten commented that Long Lake meets with Patti Loken and Tom O’Keefe twice a month and perhaps the Orono Council should meet w'ith them to diseuss their concerns. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 MA YOR AND COUNCIL REPOR T - continued Jabbour stated that Council members meet with them regularly. He discussed the three-step design process. Kelley said he does not feel there will be room for negotiation once the final design stage is reached. He questioned when the Council would have an oppo ’tunity to address design issues. Jabbour responded that Kelley could meet with Mn/DOT to review design issues. Flint said he attends the Highway 12 Design Review Committee meetings even though he is not a member of the Committee. He said the Committee tries to address issues brought up at each meeting. Kelley asked what will happen if he disagrees w ith the final design. Jabbour stated he could try to persuade Mn/DOT to change the design. If they won’t change the design, it could go to arbitration. Jabbour said that Mn/DOT has been good about listening to people ’s concerns and taking them into consideration. He said the corridor has been defined and it will not change. If one of the cities does not approve the design, it will go to arbitration. He is concerned about Mn/DOT getting the right-of- way acquisition in tune with the needs of the citizens. He questioned the length of time the City has to act on the design. Moorse responded that from the time Mn/DOT gave the City the preliminary design, they have 90- 120 days to hold a public hearing. After the public hearing, the cities have 60 days to approve or deny. Goetten said the people on the Design Review Committee representing the City bring up issues they feel are important and most of them have been accepted by MnT)OT. Jabbour said the Council should identify priorities and make them conditions of approval. Flint asked if all the Council members receive a copy of the Design Review Committee ’s agenda. Moorse said he will forward a copy to the Council members. Kelley commented on the property located on the north side of Watertown Road, east of County Road 6, the Johnson property. He is concerned about the height of the dirt berm. Jabbour stated Mr. Johnson was given an after-the-fact conditional use permit for the berm. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 MA YOR AND COUNCIL REPORT-^ continued Kelley asked staff to review whether the berm meets the approved specifications and he is concerned about runoff' Flint said the conditional use permit was issued after the project was approved because they had extra dirt and the neighbors wanted a bigger berm. Flint requested that staff check the lighting on the Spring Hill maintenance building because it is very bright and it is on all night. Kelley said he is concerned about lighting from the new Highway 12 corridor. He asked Tom Kellogg how to determine spillage of light. Jabbour said each light design is different. Kellogg responded that a lighting plan can be requested from Mn/DOT. Moorse commented that Mn/DOT has been told the City wants to review the lighting plan. (Five minutes recess taken.) ENGINEER REPORT (*#13) REQUEST FOR PAYMENT #2 - NAVARRE WATER TREATMENT PLANT REHABILITATION Goetten moved, Flint seconded, to approve Request for Payment #2 to Shank Constructors, Brooklyn Park, Minnesota, in the amount of $19,149.00. VOTE: Ayes 4, Nays 0, Jabbour Abstained. (#14) REQUEST FOR PAYMENT - HENNEPIN COUNTY ROAD 6 RIGHT-OF-WAY Gappa stated that according to the cooperative agreement with the County, the City is respo! »ible for 50% of the right-of-way costs. There are 30 parcels, with 20 settled and 10 in condemnation proceedings. If the remaining parcels in condemnation settle for twice the deposit amount, or $120,000 in additional City costs, the City's estimated right-of-way costs will be approximately $330,000. Jabbour questioned the budgeted amount for this project. Gappa responded that the budget is $600,000. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (UI4) REQUEST FOR PAYMENT - HENNEPIN COUNTY ROAD 6 RIGHT-OF-WAY - continued Goetten asked if the City is responsible for 50%, why has the County paid $3 14,000 and the City $258,000. Gappa responded Orono pays 50% of the acquisition costs, but the County pays for all the appraisals and other costs. Kelley asked if Orono will be paying less than the $600,000 that was budgeted. Gappa said no. Peterson moved, Flint seconded, to approve the request for payment to Hennepin County for County Highway 6 right-of-way expenses in the amount of $202,927.13. (*#15) REVISE ASSESSMENT ROLL - NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT Goetten moved, Flint seconded, to approve amendment of the assessment roll for Navarre Water Treatment Plant Rehabilitation to revise the number of assessment units for the listed commercial properties. VOTE: Ayes 4, Nays 0, Jabbour Abstained. (*#16) REVISE ASSESSMENT ROLL - HERITAGE/SHORELINE SANITARY SEWER PROJECT Goetten moved, Flint seconded, to approve amendment of the assessment roll for the Heritage/Shoi eline sanitary sewer project to exclude David Scott, 1905 Heritage Drive, and Dean Patterson, 1025 Heritage Lane based on both properties having new conforming septic systems. V'OTE: Ayes 4, Nays 0, Jabbour Abstained. CITY ADMINISTRATOR’S REPORT (#17) AWARD BID FOR TELEPHONE SYSTEM Mcorse said in April of 1998, the Council authorized staff to contract with Elert & Associates to do a needs assessment, develop a request for proposals, and evaluate proposals for a new telephone system for the City offices. The McLeod/ESI and Matrix proposals were relatively close in costs, so both were reviewed more closely by the consultant and a staff team. Staff recommends that the ESI proposal be accepted. The ESI system has a type of phone that best matches the needs and desires of the office support staff who receive and route calls. The ESI system also has a type of phone that has an expanded display and function keys that make voice mail much easier to use. Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (#17) A WARD BID FOR TELEPHONE SYSTEM - continued Jabbour asked if the voice mail is proprietary to the ESI system. Tom Pavek said the voice mail system is manufactured by Intertel. Jabbour questioned whether the system is Year 2000 capable. Pavek responded yes, that was a requirement in the bid. Flint questioned whether the system will provide voice mail boxes for Council members and whether the system can handle greater capacity. Pavek said these issues were discussed and will be built into the system. Jabbour expressed concern about capacity for growth. Pavek said the system is expandable to more than 500 ports and the specifications were written to address this issue. Kelley questioned the funding for the system. Moorse stated that $25,000 was budgeted and the excess will be funded from the Improvement and Equipment Outlay Fund. Flint moved, Peterson seconded, to award the bid for the City telephone system to the low bidder, McLeod/ESI at a cost of $42,720.40 plus a 2.S% contingency amount of $1,068.00 for a total of $43,788.40, to be funded from the Improvement and Equipment Outlay Fund; and to amend the Improvement and Outlay Fund budget to reflect the expenditure. Jabbour asked if the old system will be sold. Pavek stated it will be sold through a broker, if possible. VOTE: Ayes 5, Nays 0. Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (#18) 1999 FEE SCHEDULE - ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION - ORDINANCE NO. 181, SECOND SERIES Flint asked for clarification of the fee for a Conditional Use Permit Amendment because the description does not say “amendment”. Lin Vee said the word “amendment” will be added to the fee schedule. Goetten moved, Peterson seconded, to adopt Ordinance No. 181, Second Series, an Ordinance Adopting the 1999 Fee Schedule, an Ordinance Repealing Ordinance No. 166, Second Series and 168, Second Series. VOTE: Ayes 5, Nays 0. (*#19) 1999 MEETING SCHEDULE Goetten moved, Flint seconded, to approve the 1999 Meeting Schedule. VOTE: Ayes 4, Nays 0, Jabbour Abstained. (*#20) PURCHASE SQUAD CARS - LETTER OF INTENT Goetten moved, Flint seconded, to approve sending a Letter of Intent to Purchase three 1999 Ford Crown Victoria Squad Cars to Superior Ford. VOTE: Ayes 4, Nays 0, Jabbour Abstained. (*#21) OFFICER CHRIS FISCHER SIX MONTH STEP INCREASE Goetten moved, Flint seconded, to approve wage increase for Chris Fischer to pay rate of S14.77 per hour, effective December 7,1998. VOTE: Ayes 4, Nays 0, Jabbour Abstained. (#22) LONG LAKE FIRE CONTRACT FOR THE YEARS 1999,2000 AND 2001 Moorse stated this item is a renewal of the fire contract with Long Lake for 1999,2000 and 2001. Kelley commented that the Council will review the amount paid each year. Kelley moved, Goetten seconded to approve the extension of the fire services contract with the Long Lake Fire Department for the years 1999,2000, and 2001, and to authorize the Mayor and Cit>’ Clerk to sign the contract. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (#23) 1999 NON-UNION EMPLOYEE PAY ADJUSTMENTS - RESOLUTION NO. 4218 Moorse stated this item is the 1999 non-union pay and benefits adjustment resolution. It is a 3% pay adjustment and a $16.50 increase in the City ’s insurance contribution. Jabbour commented that expenses are increasing in excess of the levy. Peterson moved, Flint seconded, to approve Resolution No. 4218 Approving Pay Plan Adjustments for Non-Union City Employees for 1999. VOTE: Ayes 5, Nays 0. (*#24) AUTHORIZATION OF EXPENDITURES FOR SEPTIC TESTING FOR HIGHWAY 12 RIGHT-OF-WAY PROPERTIES Goetten moved, Flint seconded, to authorize expenditures in an amount not to exceed $7,500 fur septic testing and related surveying to identify potential drainfield sites on those properties affected by the Highway 12 right-of-way taking, the expenditures to be funded from the General Fund Contingency account. VOTE: Ayes 4, Nays 0, Jabbour Abstained. (#25) SCHEDULE WORK SESSION - CITY ADMINISTRATOR PERFORMANCE EVALUATION Jabbour stated the review is 8 weeks behind schedule. Council members agreed to meet on December 30, 1998 at 8:00 a.m. Kelley asked Moorse to obtain salary information for comparable positions. Jabbour requested that Moorse review his 1998 goals and objectives and how he met them. He should also prepare 1999 goals and objectives. (#26) 1998 INTERFUND TRANSFERS AND LOAN PAYMENTS Moorse stated these are the transfers that have been included in the 1998 budget and have been authorized by the Council. Flint asked for clarification of the transfers. Moorse reviewed the schedule of transfers and loan payments. Goetten moved, Peterson seconded, to approve the interfund operating transfers, loan payments and special assessment payments on City owned property as presented, effective December 31,1998. VOTE: Ayes 5, Nays 0. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (*#27) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Goetten moved, Flint seconded, to authorize the City Treasurer to disburse City Funds in payment of claims received for the December 28th Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 11,1999 Council meeting. VOTE: Ayes 4, Nays 0, Jabbour Abstained. (*#28) APPOINT AUDITOR FOR FISCAL YEAR 1998 Goetten moved, Flint seconded, the appointment of the audit Arm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. to perform the required audits for the 1998 Ascal year records at an estimated cost of $19,200, plus direct expenses. VOTE: Ayes 4, Nays 0, Jabbour Abstained. CITY ATTORNEY’S REPORT Attorney Barrett requested an executive session to report on pending litigation. (*#29) LICENSES HOME OCCUPATION 1999 LIQUOR AND BEER LICENSES Goetten moved, Flint seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0, Jabbour Abstained. Home Occupation Club & Sunday On Sale 3.2 Beer Jennifer M. L’Aller 2684 Lydiard Avenue (Hair Salon and Services) Wayzata Country Club 200 Wayzata Boulevard Lakeview Golf of Orono, Inc. 405 North Arm Drive Off Sale 3.2 Beer Orono Public Golf Course 265 Orono Orchard Road Orono Self Service 2160 Wayzata Boulevard O’Sullivan ’s 2420 Shadywood Road Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14« 1998 (*»29) LICENSES - continued Off Sale 3.2 Beer O’Sullivans II 3340 Shoreline Drive On & Off Sale 3.2 Beer Navarre Lanes 3435 Shoreline Drive (*#30) BILLS Goetten moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0, Jabbour Abstained. Jabbour said he received a report from the Hennepin County Sheriff regarding the lockup facility. The facility is 100% in compliance. Jabbour filed the report with the City Administrator. ADJOURNMENT Peterson moved, Flint seconded, to adjourn the meeting at 9:30 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Gabriel'Jabbour, Mayor ■i Page 19