HomeMy WebLinkAbout07-19-1999 Planning PacketORONO PLANNING COMMISSION
Monday, July 19,1999—6:30 p.m.
2780 Kelley Parkway—Council Chambers
AGENDA
Council Representative: Barbara Peterson
AUDIENCE MEMBERS:
Please sign in for the public record at the front podium if you wish to address the Planning
Commission. Applicants will be asked to move to the front table to answer questions when the
Chair announces the application. The Planning Commission is an advisory body to the City
Council. If action is taken on any items on this agenda, they will be scheduled for the August
9, 1999, City Council meeting unless otherwise noted by the Chair.
OLD BUSINESS
Review of these items will commence prior to or between scheduled public hearings.
1.#2410
2.#2501
Peter Boynton, 1973 Fagemess Point Road, Variances and Conditional Use
Permit. (Staff: Paul Weinberger).
CityofOrono, 3601 Bayside Road, Variances and Conditional Use Permit.
(Staff: Paul Weinberger).
SCHEDULED PUBLIC HEARING
7:00 p.m.
3.#2479 Peter Andrea Co., 555 Stubbs Bay Road North, Class m Subdivision.
(Staff; Paul Weinberger).
NEW BUSINESS; PUBLIC HEARINGS
4. #2502 Orono Self Serve, 2160 Wayzata Blvd., Variances and Conditional Use
Permit. (Staff Kris Jenson).
5.#2503
#2504
7.#2474
City of Orono, Vacation of Alley on Plat of Bergquist & Wicklund's
Addition, adjacent to Saga Hill Preserve. (Staff; Kris Jenson).
Warren and Tana Garrett, 650 Brown Road North, Variances. (Staff; Kris
Jenson).
C.Steven and Susan Wilson, 325 Brown Road South/2150 Abingdon Way,
Vacation. (Staff: Paul Weinberger).
SKETCH PLAN REVIEW
8. #2505 The Bancor Group, Inc., Willow Drive/6th Avenue North, Sketch Plan.
(Staff; Paul Weinberger).
PLANNING COMMISSION COMMENTS
9. Report of Planning Commission representatives attending Council meetings on June 28,
1999and July 12, 1999.
10. Other issues for discussion.
11. Planning Commission approval of minutes for June 21, 1999.
12. Selection of representatives for City Council meetings on July 26, 1999 and August 9, 1999.
ADJOURNMENT
Public A ttendance
Meeting D ate *7- / 7 - 17
□
□□
C ouncil
Planning C ommission
Park C ommission
Other
apilASEWnav:: oOTfc
NAME (please print)ADDRESS
PRESENT FOR (from agenda)
NAME OR NUMBER
1
2.
t rx>‘r/VT-f^ }"^Ol
2jCc> r /;vL^oV ________lAb (I
3.
4.
5
y)L jcZl vJi
;xs^(
2S
.K/( ^f/y (,U / /.y, nft^'A
ii ,:j:|77
^ Y^(' V i\\ ^)m[
8..
9.
10..
11.
12.
13.
14.
/• •
/
Date of Application: 7/22/98
Most Revised Date: 6/8/99
60 day limit: Waived
TO:Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator/Planner
DATE:July 15,1999
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, lakeshore
setback, rear yard setback and grading within 75' of Lake Minnetonka
Zoning District: LR-IC
Lot Area:
One Family Lakeshore Residential District (1/2 acre)
10, 350 sq. ft. (.237 acres)
Exhibits:A Application
B Plat map
C Topo Map
C2 Enlarged topo map
C3 Existing topo based on survey
D Previous proposal #1
D1 Previous proposal #2
E Watershed District letter
F City Engineer letter
O Permit record
HI-3 Historical records for 1979 variances
11 -4 Previous Minutes
Application:
H24I0
Peter Boynton
1973 Fagemess Point Road
PC-I/19/99
page-1
Date of Application: 7/22/98
Most Revised Date: 6/8/99
60 day limit: Waived
Application:
The applicant is proposing to remove the existing structure and building a new residence. (See
Attached). The proposed residence requires multiple variances for lot area, hardcover in the 0’-250'
setbacks, average lakeshore setback, lakeshore setback, rear yard setback and a Conditional Use
Permit for Land Alteration in the Lakeshore Setback
The applicant is also proposing to change the grade in the lakeshore setback to allow for a walkout.
(See Attached). The applicant is proposing to excavate and remove approximately 124 cubic yards
of soil. The proposed cut calculation are shown on the survey.
This is a unique property as it is located with lakeshore on both sides of the property. However the
lot contains only one 0-75' lakeshore setback. Fagemess Point Road separates the lot from Lake
Minnetonka to the southeast.
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. I and 2, Section 10.56, Subd. 16, L.
Hcigl.t-S^cJion 1-0.25, Subd 6 ana Scciiop 10.56, Subd. 16, H.
Conditional i sepermit for hr.d alteration-Section 10.03, Subd. 19 and Section l(/.56, Subd
16.J.
»2410
Peter Boynton
1972 Fagerness Point Road
PC-I/I9/99
page-2
I
I I
»
Date of Appl ication; 7/22/98
Most Revised Date: 6/8/99
60 day limit: Waived
ANALYSIS
T.ot Area and Yards
LR-IC District Standards
Lot Area Lot Width Street Yard Side Yard Lakeside Yard
\ri 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)
76.54’21.01 ’ to comer
of proposed
garage
13.52’ to
proposed garage
47.59 to 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 vddth. The proposed garage encroaches into the required 30 setback
from the street. The proposed side yards conform to the LR-IC standards. The proposed residence
encroaches into the required 75' lal'ieshcre yard. The plan has been revised to avoid encroaching into
the average lakeshore setback.
Height
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. The
applicant has redesigned the plan to a 30’ structure. No Height variance is requi.,d.
»24I0
Peter Boynton
1973 Fagerness Point Road
PC-J/I9/99
page-3
Date of Appl: -ation: 7/22/98
Most Revised Date: 6/8/99
60 day limit: Waived
Structural Coverage
Total Lot Size Structural Coverage
Allowed
Structural
Coverage Proposed
Variance
Requested
10,350 sq. ft.
(.237 acres)
1,552. 5 sq. ft.
(15%)
1,498 sq. ft.,
(14.5%)
none
The original plan proposed by the applicant was for an additional 250' of structure. The residence
and garage have been redesigned to conform to code standards for structural coverage.
Hardcover
Distance from
Shoreline
Total Area
in Setback
Existing
Hardcover
Allowed
Hardcover
Proposed
Hardcover
Variance
Requested
0’-75 ’5,860 sq. ft.1,285 sq. ft.
(22%)
None 638 sq. ft.
(11%)
638 sq. ft.
(11%)
75'-250'4,490 sq. ft.1,496 sq. ft.
(33%)
1,122.5 sq. ft.
(25%)
1,356 sq. ft.
(30%)
233.5 sq. ft.
The proposed residence exceeds the allowed hardcover limits in both the 0'-75’ and 75'-250’ setbacks.
However the total hardcover has been reduced from the original plans.
Land Alteration
The proposed survey indicates that the applicant intends to excavate and remove a total of 124 cubic
yards from the property. Excavation is proposed within the 75 ’ lakeshore setback to create a walkout
and correct some minor drainage issues.
Generally, the City of Orono discourages any grading or excavation in the lakeshore setback. This
proposal is not consistent with the Zoning Code and Comprehensive Plan and may have a negative
impact on the lake.
*2410
Peter Boynton
1973 Fagerness Point Road
PC-1/19/99
page—4
Date of Application: 7/22/98
Most Revised Date: 6/8/99
60 day limit: Waived
STATEMENT OF HARDSHIP
The applicant has stated on the application form that the gru and existing conditions and lot size
limit the property.
STAFF RECOMMENDATION
Staff finds that there is a hardship for lot area, lot width and the 75' lakeshore setback. However, the
proposed plan requires additional variances.
Staff finds that no hardship exists for hardcover in the 75-250' setback to allow 30% hardcover in
addition to the hardcover being requested within 75' of the lake.
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.
H24I0
Peter Boynton
1973 Fagerness Point Road
PC-1/19/99
page-5
The following attachments are the most revised plans that are being considered by the
Planning Commission for the evening of July 19,1999.
UfVtfU Lfvf\.
V
. n
CITY OF ORONO
ZONING APPLICATION WORKSHEET
BUILDING AND ZONING ADMINISTRATION
Application number 2,H 1 0 Zoning Classification L Rs- j Cj
Lot Size Table Lot Area Lot Width Lakeside Yard Side Yard Street Yard
Required Z\,1S0 mo'15 '10 'so'
Proposed 10,350 V'1^52 ’Z 1.0 1
Total Lot Size Total Structural Coverage Percentage
10,1^0 p
Distance
from
Shoreline
Total Area
in Setback
Existing
Hardcover
Allowed
Hardcover
Proposed
Hardcover
Variance
Requested
0’-75 ’i$!oO 1
(zz ‘7.')
U.38
(11 <7.)
75'-250 ’
(33<7o)>
ll^z-5
( tSVo)
1 35(tf
C3 O'/o')yo
250'-500'
500 ’-1000 ’
Notes:
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE)75-2£0*
KXT.STTNG HARDCOVER Ty ZOyi:
A, House
Lrag*W162I
X
X
X
B. Garage
• • • •
C Driveway X
X
D. Sidewalk X
X
E. Patio/Dcck X
X
F. Landscape
UnderlaLn
By Plastic
X
X
X
G. Other
TOTAL HARDCOVER- IN ZONE
TOTAL PROPERTY AREA IN ZONE
+ B S&bQ_X 100
fROPOSED hardc over IN ZONE
A. House
Lsafth Width
X
X
X
B. Cange
C Drive%vay X
X
D. Stdevralk X
X
E. Patio/Deck
F. Landscape
Under lab
By Plasric
X
X
X
G. Cbcr
total hardcover in ZONn
TOTAL PROPERTY AREA IN ZONE
+ B ___X ICO -
500-1000’
S.F.
S-F.
SJ.
S.F.
w •
S-F.
SJF.
cn S.F.
. :•. S.F.
S«r •
SJ'.
S.F.
SJ'.
SJ'.
S.F.
S.F.
s:f.
S.F.
SJ.
S.F.
S.F.
SJ?.
S.F.
SJ'.
S.F.
S.F.
SJ'.
S.F.
S.F.
SJ.
• S J. A
S.F. B
\ \49
i
SETBACK ZONE: (CIRCLE ONE) ^75*
EXTSTTNG HARDCOVER TN ZONE
A- Hcuse ______________ X
HARDCOVER CALCULATION WORKSHEET
2SO-SCO*75-250*
B. Garage
..
C Driveway
D. Sidewalk
E- Pario/Dcck
F. Landscape
Underlain
By Plastic
X
X
X
X
X
X
X
X
X
X
X
X
G. Other .
TOTAL HARDCOVER-IN ZONE
TOTAL PROPERTY AREA IN ZONE
+ B X ICO
PROPOSED HARDCOVER IN ZONE
A. House ______________*
Length Wldh
X
X
X
B. Garage
C Drivc^vay
D. Sidewalk
E. Patio/Detk
F. Landscape
Underlain
By Plasric
G. 0*cf
X
X
X
X
X
X
X
X
X
total HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONc
♦ B ____
500-1000’
S.F.
SJ.
S.F.
SJF.
12) SJ.
.ST.
'Z\l
• .•
SJ.
ST.
ST.
ST.
ST.
S.F.
ST.
S.F.
ST.
AA ^C) S.rT
A
B '
9^c.n S.F.
ST.
ST.
S.F.
ST.
1>1^ S.F.
ST.
m ST.
ST.
S.F.
ST.
ST.
ST.
S.F.
ST.
X ICO -
S.F.253SIst.A
B
Oi f / Jr
* / / 1?^
Jp^V^ V
L^^^g^yAV-
S^
T^
>s^
Jp^
^ A JN Jci /w\^ ^#'M
Application # <3.^/1 0
Date Received 7/tzl^^
Amount Paid ^2 g~(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
Site Address t=A<^F=rgKESr ~pr>/>Jr VCNO
Property Identificatioa Number 1TJ.D.> in— 7.^ |u|^ 0008
Attach legal description to application if not mcluded on required survey.
Date Property Acquired _____________
I (do) ^ noTh also own the adjacent parcels of land.'
Present use of property: ___residential ___pother (specify)_________
Zoning District: LS-IO___________________________________
,(month/year)
APPLICANT
Name
Phone (homel 7^2 ^5^
Address:SMtL
_____ Phone (work )
City: oflcrND _______Zip: JX2iZ.
OWNER (if different than applicant)
Name
Phone (home).
Phone (work)_
iprr-:;:
Address:City:.Zip:.
DESCRIPTION OF REQUEST
Describe request in detail: ___
Estimated Construction Cost $
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area
Setback:
___Lot Width
^ Front __Side
Hardcover Lot Coverage 5|^
Rear )( Average Lakeshore
Other (specify) (jmdihoA/ll lAs^ Rp/lvtil- ^ bradif\^ \r\ 0-1^'
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property .^conditions preventing
compliance with Zoning Code requirements:
(attach additional sheets if necessary)
i.V .• ••
REQUIRED SUBMITTALS
p- Xf 2.
'Si. 4L
4.
"S' 5
P6
AU-Pf the fQllQwingJnformation must he submitted bv the aPDlicatinn deadline date in
order for vour application to be considered compipfp;f
^1. Completed Application Form
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. 348-3271 V '
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy S'/j" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8/2" x 11" for reproduction.
_ Sketches or plans of floor & elevation views (provide one (1) copy S'/i" x 11").
^ List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) orapplicant(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.
m* •
The Applicant and Property Owner must sign this application. Please remember that vour
variance application is not complete if the above information has not been incliidpd.
• • • ■, \ \
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 certifies that the
information supplied is true ^nd correct to the best of his/her knowledge.
7,
8
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, coMultants, agents. Commission members, and Council
members for purposes of^vestigation and verification of this request.
Owner’s Signature
01 mvestigation ana venni
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
Commission and Cpuncil. If an applicant is unable to attend a scheduled meeting, please
make arrangements to haye an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prjor to the meeting.'•.
8
MFIFilE'S AiPi
TO
fCfJ.
HAiVWiP
■ ,K'.” -•• >*‘.*. .*iw*r-r, * w*i^, 4:V* /?■ ?>.* .% •/..'.
'V- V ^ - •«■ • " ■ *
■' Vv"
■ , ’ • /*'' '. . ••• * ‘
** . f * ’ •
Parc«l Information
»J!Si5iS)?”~“ .
•ttM* N mm FASEWCn MMT RO
V. vx ;>.r ,• j,
'.'•'•'a ;.
*'..*• , • ••
> • •.*. . • /• v‘.. •' • • V- > • •' • -•
V •’•'■• ‘ :/i’ ‘A o*- .’V'* •
*•• -•
•\ — •' i’^" * t ‘' •»'•'•■ • 1 .
•—. • '.• • V V* -.* « • ;-.»•• O* /• V ^ ■• -‘ .
»:? * • *'• *• iC.'f- ^ »*'• ’'■> ? V, * •
• • • • • •
J55.000 /if
Scold In Foot
100
asBU
Contour Intorvo
NE1/4 SEC.
TH TN.R2
HENNEPIN CC
FOR
Or ono » Minne
Dato of Photocrophyi
> HORIZONS
ACRUL HAPPINC PROFE;
R*»i4 Ci(r* SO 9r70«*3l34 • I)
0PUS2 SS343 • (•
HORIZO T5 E 3
L
9% 934-.
EXISTlMCf T0F6CfB^FfM H
|<n3 FF^€l2HeSS Pt 79
t7
I
o
Hkl
%y/'^ -
c?
5T
VJI
TJ u Z!DQgrr0)ca (0 rr
r*
w
T3
O
Ul
Scn
P)>
o —«•
ca
(0
r-^o
o
X*
CO
>(D
CL jd ri □m 7:1
lr1
§
I
I
Co
I
\
P
^c
u
l>cc
c/#
a
c
pc
rr'c
f
C)
jTV
kA
"0
fU
33 o
PT
> o
m
2
CO
UP
7X
O
D1<o
W
o
firo:k
rn
2
CO
^8.:to
H o
CDm i
Ql
Vi/
CD
Minnehaha Creek -M.'Watershed District £■
Improving Quality ofWater, Quality of Life
Gray Freshwater Center
Hwys. 15 & 19, Navarre
Mail:
2500 Shadywood Road
Exce'sior.MN 55331-9578
Phone:(612)471-0590
F^ (612) 471-0682
Email:
adminOminnehahacreek.org
V/eb Site:
wwwjninnehahacreek.org
Board of Managers
Pamela 6. BToct
James CaOdns
Lance Fisher
Monica Gross
Thomas W.LaBounty
Thomas Maple, Jr.
Malcolm Reid
0 PrWtd on neycM pipor oontaining
«iuit 30% port oonitfntr vMtt.
I' • . t .. ; >" '
, •*
* •
December 30,1998
Elizabeth Van Zommeren
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
RE: Review of Proposed Projects
Dear Ms. Van Zommeren:
We have reviewed the site plans for proposed projects in Orono which will be on public
fr tf **'°'^* Projects will need pemitsfrom the Minnehaha Creek Watershed District. The following comments apply^
There appears to be no wetland ft>VWR)lO
or floodplain impacts. If the project involves grading of more than 5,000 square feet --------
an erosion control permit will be required. ^
nf.'r’r'" »nd
K ^ ^ around all wetlands. The width of those uiT^iwk.
buffers wll depend on the surface area of the wetland. If any filling, draining or
aSvIty*”* planned within the wetland boundary a permit will be required for that
require a floodplain W£»o«W£
permit. A cut and fill summary would be needed to determine whether or not a net —
from the planned activity
4. #2450: This project will be required to provide BMP’s for stormwater management
als?be requirTd^"*" involved an erosion control permit will
you for the opportunity to comment. Please call me at 471-6282 if you have
further questions.
Sincerely,
hjm Hafner
District Technician
C:\FILES\commcnis\Orono^ 123098.doc
1/ J Bonestroo
Rosene
Anderlik&
\\\\ Associates
Engineers & Architects
Bonestroo, Rosene. Anderlik and Associates. Inc. Is an Affirmative Actiot\/£qujl Opportunity Employer
Principals: Otto G. Bonestroo. RE. • Joseph C. Anderlik. RE. • Marvin L Sorvala. PE. •
Richard E. Turner. RE. • Glenn R. Cook. RE. • Robert G Schunicht. PE. • Jerry A. Bourdon. RE. •
Robert W. Rosene. RE. and Susan M. Eberlm. C.PA. Senior Consultants
Associate Principals: Hovrard A. Sanford. PE. • \eith A. Gordon. RE. • Robert R. Pfefferle. PE. •
Richard W. Foster. PE. • David O. Luskota. RE • Robert C. Russek. A.I.A. • Mark A. Hanson. RE. •
Michael T. Rautmann. RE. • Ted KJield. PE. • Kenneth R Anderson. RE. • Mark R. Rolfs. RE. •
Sidney P. Williamson. PE.. LS. • Robert f. Koamiih • Agnes M. Ring • Michael R Rau. RE. •
Allan Rick Schmidt. PE.
Offices: St. Paul. Rochester. Wlllmar and St. Cloud. MN • Mil.vaukee. Wl
Wetislte: www.bonestroo com
January 5,1999 ~ 7 r-.
Elizabeth VanZomeren
City Planner/Zoning Administrator
City of Orono
Post Office Bo-\ 66
Crystal Bay, MN 55323
0 6
\./l: I Wl
Re: Peter Boynton Residence
File No. 139-2410
Dear Liz:
We have reviewed the preliminary grading plan for the proposed new home construction at the Petier 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 Boynton property. The size of the existing lot and the amount of proposed grading may impact the
neighboring properties and might require easements. The grading plan shows a 944 contour tying 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 sort 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, C4C.
Tom Kellog
Cc: Greg Gappa, City of Orono
2335 West Highway 36 ■ St. Paul. MN 55113 ■ 612-636-4600 ■ Fax: 612-636-1311
PERMIT RECORD
Permit No.
9^^
LMl
4(?7g
1¥7S
Date
7- ^5- u>£)
^7.1.0.-L. 8
-•Tg
^ - 3/ -go
- 3a
Type of Permit
l^ty^a^f^yuLtXA Ayy
'^ytltTHU. ^ I fsJa.tLk
V
rO:Council
. ■ iiOM:Joanne A. Mahuath^ Zoning Adiuinistrator
iiATh;:Novombor 6, 1979
wUBJECT:9524 A. R. Backatrom, 1973 Fagernoso Road. - VAP.ZAN<
.-.ON'iNC DISTRICT - LR-lC
*r o the right of way of Pagornoso Point Road. The
..ccond part of hia request involvon an 8* x 28* addition
’.o t.ic reor ot the houao. The proponed improvemen*-o will
a hardcover variance of 266 n.f. or 5%. The
rM'rov,;nents will add approximately 434 B.f. of hardcov'^r
iho addition will add 224 s.f. or 7.5t. The
..‘-•w cjurucje {subtract existing;garago). will add 210 s.f.
^ • • • • ^ 0 •
th'; j’lanning Commission recontmende approval of the application*
. review Minutes of October 29, 1979 for background ^It .u ion and recomrtondatioh. ' ^
}r •. J
j» • •f ^
i - I I ’ • • *.. • : ; ’ * •.• I . . *7 • •.' •* * *: ‘
• I V *. • *. *. ; ’
1
StPI^Wte JiO/ 34« S(fiO
Mdi bon S’lO* »
.pf€Oiow 3Q>o
H
• • J •• I
r *■:vr>
*•». • i„
.. . i. .• •• • .
ii!- w-V •
“ V v- .V .
J V *.'
* .* >^2r • 'iv/.
I
1 • • • • % • • -
s .■ *•<• :, .’*..i ‘...* ii»j.; 1 r- M-cc'inli tl, lo .ipjiiove I )u:
• i.i'.ro nwjiicst of O. K, Fi.shor, 44fiO |jorl:h Shore
• • f
• I• •
, |.f-r < );e l‘l ari'u oy Cf utani r.5» i on rocommend.^tionn,
foil own:
The yrnvol drivewayn Morvlng t.ho non-con forming
garayoo are to be renoved nnd soodod
The new driveway should not oxcood the allowed
additional hardcover of 360 r,q, ft.
3.The apjdleant' to ho advlnod that patlon, cement
walks, etc are consIdcrod hardcover
. f
)iot)on. Ayes (5) - Nays (0).
Alan Olson, Clty~Plannor^ centered into the record
the variance roguoRt of A. *1, Hackstroin, 1973 Fnejernons
Point Hoad, dated November 6, 1979, wliioh RtatcRt
Mr, Hack St rein requests'-n st root 'wthiick variance of
33* for a new garage 20* X 28* lo leplaee a 20* X IB*
r.irayr* localr*d 12* iiito the right of <cay of F;ujernof<B
7'oint Hoad. The nocond p.nrt his request involves
an h* >: ?0 ‘ addition to the i<sir of the liouse, 'Hie
t.r<.t»ijM-d i irit.i ovt-nen tn will lorjniro a hm d(.*ovoi:
v.ifi.ua.M’ of »'6G ‘-q. ft, or 91i, The Irifirovc-ivnts
will .idd oxlnal ely 434 sq. ft, of li.irdcovor or
14.f.V, The .iddit ion will add 2?4 iw|. ft. or V.f/?.
w <;.!:» :e (."uhtr.ict ‘-xisting «iar<)»je ) will
VAHIANCB
1973 Fagernonn Pc
4524
A. R, nackr.lrom
•I
7’k*
•1 id ;■ 1 0 • 4 t.. or 7,
fllU'-d)
• • * *• • ». •/
r * • • * # *V#. t i
*• < V (« •; .w u. I. (.'»I w I 1 6 4.1 ill iC
subdivision, rrcliwlnox-y i
Subdivision*, I'lnsl • ii'-feS
i •
* *fc**
I ,
»•*
>T
i p.jtk'N
—------------------- Ipm
c ••.CiJOS Vote: For _a. Against __Abstention ' ”
V. .-‘w
A • • -,•*■#
i -V s'di
r • . • *
VVIriVvVinr-Arj!!,
V* ^ •'j. •
I. - • v»>,- '-V
* ' ■»*' "•
..co.uu.;iijEpxavjid_mtc_WBlJj:AUlun_r.or_A..;;rant_yaj.d^^flj±.ackj?aj:ioaGQ____| 'ii®
... '<:..;: tey„«sonaAcygtlflD..gX a nw OTicaa<>-.?-r.<a>,t-lroHL.FiuTftri>Mn« pa««i. ■ ...
.... ..a r.r. .^iMT „n. .bj. i-A‘diAp..9i_jaBaaraEl)y/-jsnd_^..batd(:sjyac^^
■'. ;|:;.;g| ------cguti.,i^ipa.QlJAg_2JLxJlLJiu^ 28 it.
- --------.'.?.. tle..hoj».££,.JlDALnj:.jJiqrdSh)lB.i^L.lgA_»j7^.^^^^ houne eon-
. ..**•>
■::., 5im
:s<w$.
■*. -*•**•• 1*^ 4^
•
-'Mm
........Jc to be one story with a fl~t
L.vriu*AjjL:ejk.vij_a\»aiSMmoiinfl^
rop.fi
•>.
1
# » •
• ..*
. •*’
_ ______________________________ _______________ - %»-*t »•. «*\•
#
*. •
_______________________ ______ ________ ________________________________ j
«
ite: rC:S,irv5''•' . 'T^'M -------------------------------------- tlVfiiA'
'• 3, Jl^O______________________________________________; ^
• vW V
• .' • ‘ -VUiv?
•.
m
X
• • • * ^
for submit tnl of new infornbUlon (e.ppl lent ton tr^'jy bo conoldcvcd
lonnaiiy wltbdrflv.'n If information or explanation t« not provided).
for Work J\-rnilc ___for v;ork to bouln ft.r rrr^rh t r. 5.n
.'ippl lent] on
!or v.’ork to bc*|'ln for v;ork to be
oor.ijvl eted
V
■m^' LV-'-'-'i*-'
>vv..i: nuKirS AKi: KI-OimiK-i - ,,-.<nt,-.ct lUiIiainj; Inf:;.eo(of -nc'V.rv |.,.!:f:mJ:u:
V*.
f-v dr .*
i». • *"
ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 17,1998
(#2407 LANE MOORE, Continued)
Lindquist noted the Applicants were just requesting a variance to the side yard setback and not to
hardcover.
Mrs. Moore stated they will be removing an existing shed and share the driveway with the neighbor to
the front.
Weinberger Indicated the s’ze of the planter is 88 square feet.
There were no public comments.
Stoddard moved, Schroeder seconded, to approve Application #2407, 3438 Livingston
Avenue, the granting of a variance to the side yard setback requirements to allow construction
of a 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.
(#15) #2409 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE - VARIANCE, 9:58 p.m! -
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
storage for lawn furniture and other equipment. The property contains a wetland located at the back
portion of the properly 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.
Weinbeiger 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 recommends approval based on the existing hardship.
There were 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.
(#16) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD - VARIANCES, 10:03 p.m.
10:22 p.m.
The Certificate 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
lakeshore setback. A conditional use permit Is also required because the Applicant is proposing to
significantly change the grade in the 0-75' setback, which was originally not requested by the
Applicant nor included in the legal notification. There are 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 request for variances to setback are being sought because the
r house cannot be built without them. Boynton requested the Planning Commission give guidance on
what hardcover and setbacks would be acceptable.
Schroeder inquired if the house was torn down and a new structure built, how would the application
be handled.
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 thct lot.
‘ 4
Schroeder suggested the Applicant design a house that conforms to all the variances.
Boynton stated 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
the house was constructed with a good foundation, which comprises approximately one-third of the
foundation.
Gaffron stated once a house is tom down, any grandfather rights are forfeited.
Chair Smith questioned whether the Planning Commission could act on this application at the present
time.
*
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 Fagerriess 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.
Van Zomeren commented Staff needs more information on the adjoining properties as well as a new
survey which outlines the proposed structure and hardcover.
Lindquist s.iggested the Applicant try to limit the house to 1,500 square feet and 25 perceri' total
hardcover. _____________
Cathy Lee remarked the area is on a pennisula and moving the house back would not affect drainage
Into Ihe Iak2.
Lindquist moved, Smith seconded, to table Application #2410,1973 Eagerness Point Road,
to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0.
Page 18
ORONO PLANNING COMMISSION
MONDAY, OCTOBER 19,1998 Z
[U2AZA 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.
Stoddard recommended adding the condition that the City is not liable for the construction or use of
the tipi since it may not be covered under the City's Building Codes.
Vail 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.
*' y- •'p.ic.. V ./as 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 Boynton was present.
Van Zomeren presented the Planning Commission with photographs of the existing structure,
Van Zomeren stated this application was before the Planning Commission in August where 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 lo.calion 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 locale the
garage five feet from the west property line, a variance to the street yard setback, variances to
Page 2
1
\ <
I
ORONO PLANNING COMMISSION
MONDAY, OCTOBER 19,1998
(#2410 leter 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 permit Is also required to allow for any grading in the 0-75'
setback.
Van Zomeren stated the proposed hardcover in the 0-75 ’ 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 a,oplication 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 variances.
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 staled 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, staled 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 slated he is agreeable to moving the structure back.
Hawn staled 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 lime to submit revised
plans.
Schroeder stated structural coverage should be limited to the allowable limit.
Lindquist moved, Hawn seconded, to table Application #2410,1973 Fagerriess Point Road,
to allow the Applicant time to submit revised plans. VOTE: Ayes 6, 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 staled this application Is for renewal of approval granted in 1997 for the conversion of
Outlet E. Sugar Woods, be converted to buildable lot status to enable comrnercial development or
the property. This property was originally platted and approved in 1989, which allowed the Rebers to
postpone dedication of a specific service road com'dor through Oullol F until Outlet F was further
Page 4
ORONO PLANNING COMMISSION MEETING
MINUTES FOR NOVEMBER 16,1998 5
(#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 look
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 could vote on this application tonight so It could proceed
on to the City Council who would then make the final 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 staled 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 Eagerness 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.
Pages
if
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JANUARY 19,1999
ROLL;
The Orono Planning Commission met on the above date with the following members pr^nt: Chair
Sandra Smith, William Stoddard, Dale Lindquist, LHi McMillan, and Charles Schroeder. The followuig
represented the City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant
Zoning Administrator Paul Weinberger, and Recorder Lanette Wolf.
Chair Smith called the meeting to order at 6:30 p.m.
(#1) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD, VARIANCES AND
CONDITIONAL USE PERMIT, 6:30 p.m. - 6:47 p.m.
The applicants were not present. Joe Dzurik, builder for the applicants, was present.
Van Zomeren stated this application came before the Planning Commission on August 17,1998,
October 19 1998, and November 16,1998. She reviewed the site plan and stated that the applicant
proposes to excavate and remove a total of 344 cubic yards from the property. Since this excavation
Is proposed within the 75* lakeshore setback, it requires a conditional use permtt. The application
also needs a lot area variance because it is new construction. It would also need a lot width vanance
because the lot Is less than 100 ’ wide at the setback. A structural coverage variance would be
required because the proposal Is 17.6% where 15% is the allowed stmctural coverage. Hardcover In
the 75' lakeshore setback Is currently at 21.5%. The proposal would bring the hardcover down to
18 6% which still exceeds the requirement, which Is zero. Van Zomeren said that it Is rec^ncM that
no hardcover In the 75 ’ lakeshore setback would be difficult on this lot. She said that In the 75 -250
setback, there Is currently 32.9% hardcover, 34.1% hardcover Is proposed and 25% is allowed.
Hardcover variances are requested in both of the setbacks from the lake. Another variance is
needed for the average lakeshore setback. The sldeyard setbacks can be met. The proposed garage
encroaches 3 feet Into the required 30 ’ setback from the street and requires a variant frorn the
street yard setback. Van Zomeren explained that 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. Van Zomeren stated that
staff does not find that there Is a hardship for the average lakeshore setback or the structural
cov6rdQ6 8nd recommends deni3l of the requested varisnees.
Smith asked for clarification of the difference between the previous proposal and the current
proposal. Van Zomeren showed the difference In the plans.
Van Zomeren stated that H is not typical City policy to allow land alteraUon In the 0-75’ setback.
Joe Dzurik, builder for the applicants, stated he feels that staffs Interpretation of the elevation is
Incorrect.
Stoddard reviewed comments made at the previous Planning Commission meetings. The
Commission members had stated they would like to see a footprint for the house that did not call for
variances and the applicant should try to limit the house to 1,500 square feet and 25% total
hardcover. Stoddard said he could approve variances for the lot area, lot width, lakeshore setback
and street yard setback, but he could not approve the variances for structural coverage, average
lakeshore setback or height.
Lindquist said he feels the project will have to be redesigned due to the site constraints.
Joe Dzurik asked if the height variance would be approved.
Van Zomeren said it is a design issue.
Page 1
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JANUARY 19,1999
(#1) nZ410 PETER BOYNTON, 1973 EAGERNESS POINT ROAD - Continued
McMillan stated that the staff recommendation is helpful.
Dzurik stated he did not receive a copy of the staff report.
Smith asked if Dzurik was prepared to represent the applicant tonight. Dzurik said yes. Smith stated
that this application was tabled in November because the applicant was not present at the meeting.
Lindquist stated that staff finds no hardship for an average lakeshore setback, street setback,
structural coverage, hardcover In the 75-250 ’ setback, or height variances. He believes that the
project will have to be redesigned to fit the site.
McMillan said that staff finds hardship for the lot area, lot width and lakeshore setback variances
because of the size of the tot She said staff does not see hardship in the average lakeshore setback
and she agrees with staff. She feels the house could be positioned so it does not interfere with the
neighbors* sight line. She asked staff about the setback from the street.
Van Zomeren said that the setback requirement is 30 feet. Van Zomeren feels it could possibly be
reduced.
•
McMillan agreed. She said she would not approve a structural coverage variance or a hardcover
variance.
Smith said there has been clear direction from the Planning Commission on this application.
Van Zomeren stated she is concerned because she has not had any contact with the applicants
regarding this application.
Lindquist stated that the applicants must be at the meeting the next time the application is on the
agenda. The applicant should understand that the Commission will probably follow staffs
recommendations.
There were no public comments.
Van Z .;.eren stated she knows the notices for the meeting were mailed because she received a call
from a concerned neighbor.
Lindquist asked Dzurik if he would prefer that the Commission members vote on the application as
submitted or table the matter.
Dzurik stated he would like it to be tabled.
Lindquist moved, McMillan seconded a motion to table #2410, Peter Boynton. 1973 Fagemess
Point Road, Variances and Conditional Use Permit VOTE: Ayes 4, Nays 0.
Schroeder arrived at the meeting at 6:48 p.m.
Page 2
' .
5
TO:Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator/Planner
DAIE:July 19,1999
SUBJECT:#2501 City of Orono
3601 Bayside Road
Conditional Use Permit and Variance
Zoning District: LR-IA One Family Lakeshore Residential District (2 Acre)
Exhibits
A
B
C
D
E
F
G
Application
Survey
Plat Map
1950s Air Photo
Location Map
Hardcover Calculations
Property Owners List
Application: The City of Orono has maintained a municipal dock and walking path for
many years on the north end of Stubbs Bay. A recent survey on an adjacent property has determined
the dock and path leading to the dock are not located on City owned property, but rather on the
adjacent property to the east. The City of Orono has a 30' wide platted right-of-way leading from
Bayside Road to Stubbs Bay 'Oak Street' of the Bay View Park addition.
Relocating the dock and walking path within the undeveloped Oak Street (Please refer to Exhibit C)
will require filling a small amount of wetland for the path. The dock has been relocated and will
remain in its existing location. A small amount of fill is necessary to provide better access to the
dock. The fill would occur in a non-Orono designated wetland at the base of the dock. The purpose
is to provide a belter public access similar to what had existed prior to the dock's relocation this
spring.
The enclosed air photo showing the City dock and walkway is from the 1950s. Orono has
maintained the dock for public use since it was originally constructed on the Stubbs Bay site. Until
recently the City was unaware the dock was not located on public property.
#250/ City of Orono
3601 Bay side Road
Variance and Conditional Use Permit
6/21/99
Page I
This application requires the following:
1. Conditional Use Permit to permit greater than 10 cubic yards of fill within 75' of the
OHWL of Stubbs Bay.
2. Variance to allow 180 s.f. (15.0%) of hardcover where no hardcover is allowed.
Pertinent Ordinances:
Section 10.03, Subdivision 19: Filling of more than 10 cubic yards within the shoreland area of
Lake Minnetonka requires the City Council grant a conditional use permit. The total fill for the
project is 21.11 cubic yards of fill. The fill would create a base to accommodate a walking path to
access the dock. The proposed walking path will be consistent with the existing path located on the
site.
Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1): To permit 180 s.f
(15.0%) hardcover within the 75' setback from the (OHWL) where no hardcover is allowed under
normal conditions.
Hardcover
Distance
from
Shoreline
Total Area
in Setback
Existing
Hardcover
Allowed
Hardcover
Proposed
Hardcover
Variance
Requested
0 ’-75'1,200 s.f.0 s.f.0 s.f.180 s.f.To permit a
180 s.f. walk
path.
Permit Request from Minnehaha Creek Watershed District
The proposed project requires a permit to b . granted by the Minnehaha Creek Watershed District
for filling of the wetland. Jim Hafr.er, of the Watershed District, has stated the Wetland
Conservation Act (WCA) allows filling of wetlands up to 400 cubic feet if the City demonstrates the
project has no other alternatives to avoid filling of a wetland and the project minimizes the amount
of fill required for the project. Prior to any work within the wetland the Watershed District must
issue a permit for the project.
^2501 CityofOrono
3601 Baysidi Road
Varianct and Conditional Use Permit
6/21/99
Page!
Surrounding Properties
The dock is located south of Bayside Road on Stubbs Bay. There are no residences located
immediately adjacent to the dock. The adjacent properties located north of Bayside Road are zoned
LR-1A One Family Lakeshore Residential (2 acre minimum lot size). The immediately adjacent lot
to the dock site is owned by the property owner to the north side of Bayside Road. The lots shown
on the enclosed plat map below the OHWL of Lake Minnetonka remain on record, however all are
tax forfeited properties.
Issues for Discussion
1.
2.
3.
4.
The dock is owned and maintained by the City of Orono. It has been provided as a public
dock for many years for use by the public.
Relocating the dock will require filling a small portion of wetland for access to the lake. The
amount of fill requires the City issue a Conditional Use Permit.
The dock is for pedestrian use only, not for boat storage. No parking is allowed along
Bayside Road.
There is no increased impact to adjacent property owners. The dock and walkway will
replace what has existed for many years.
STAFF RECOMMENDATION
Staff recommends approval of the conditional use permit and variance request to relocate an
existing dock based on the following:
1 . The dock has existed as a public structure for many years.
2.The dock will be located on public property and continue to serve as a public access
to Lake Minnetonka.
3.The amount of fill required for the project will not exceed what is necessary to
provide adequate public access to the dock.
U2501 City of Orono
3601 Bayside Road
Variance and Condtttonal Use Permit
6/21/99
Page3
Application # P
Date Received
Amorjnt Paid
CITY OF ORONO - GENERAL LAND USE APPLICATION
PROPERTY LOCATION ^ ^
Site Address BAV tLnf^b
Type of Application to be Filed C» u<.
Property Identification Number (P.I.D.)______________________
APPLICANT. . A ^
Name dT UTor\0___________
Address X"? y U rpirN^way City OToy\0
OWNER (if different than applicant)
Phone (home’) 6 I Ir 24 ^•'5 ^
Phone (work’)^ /1 ~ ^ ^6 OO
Zip ^ 54
different thw
Name dT OY'qviC ___________
Addressr.TKgUey ?Pii'tWAy City OronO
Date Property Acquired
Phone (home’) 611- 0^
Phone (work)~^/ Z^' ^ ~
Zip 6hb
I (do) (do not) also own the adjacent parcels of land.
FEES - CONDITIONAL USE PERMITS -
$ 75.00 For each variance request with CUP application
_____$175.00 Residential Accessory Use
_____$250.00 Institutional (church, school, etc.)
_____$225.00 Guest House/Guest Apartments
_____$200.00 Duplex Credit/Bldg
$300.00 Commercial/Industrial Use
*>4 $250.00 Land Alteration
____ Grading and filling - designated wetland or floodplain
Grading and filling - 501 cu. yd. or more
Grading, seawall, retaining walls within 75' of lakeshore
_____PRD/PID - see Fee Schedule
_____$150.00 Renewal Fee (no change from original application)
_____After-the-Fact Fee - Double Current Application Fee
(month/year)
C u P
Cp i+ki'n
+ y lOife^fh
\J O-V itswJtX
0"'7S'
OTHER APPLICATIONS
_____$250.00 Commercial Site Plan Review (+ consultant fees)
_____$300.00 Vacation
_____$200.00 Easement Vacation
_____$100.00 Easement Vacation With Subdivision
_____$350.00 Rezoning (PUD - refer to fee schedule)
_____$350.00 Comprehensive Plan Amendment
$100.00 Appeals _ ^
i)
Other - see Fee Schedule
WAT2ATA
OROMO
S \tb:
% K
WlAA CffI
^ WAHItTO
jC ,
Js IQHIM
rsDiio
.• •
rtii '.•:;
• •
v ^v *; ••• *> :\ 1 .»**•• «
••'i s» :•. '
••, i .-..v ^ f- « * ■ » .aV.V*^' t %x^ •
. •. *. . A-:* ^
' • >T\^r. vr^-^V^ •• r» r * *•; Bav I t ’:'
\* ♦*. ^ -'j
Bay
• «
/
yrv;v:i:*
® /<■ 'i :;.
• ••T->? ;• • '
-/
• •
t •
'' A -■
S-,^V- 7.;;:.: •
1 \ ^ .. ■"' . . ->’“•
• •HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE O
rrc Posed
JIXISTlNe-HARPCOVER IN ZONE
A. House _____________
Length
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
30
X
X
X
X
X
X
X
X
X
/8d
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZOlfE
t SO + B 0 X 100
J20
i ZOO
S.F.
S.F.
S.F.
S.F.
S.F.
•
S.F.
S.F.
S.F.
SJ.
S.F.
S.F.
SJf.
SJ-.
S.F.
S.F.
S.F.
S.F.
%
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
+ B X 100
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
RUN DATE 05/27/99
BATCH 002
PROP ADDR
QHNER NAME
TAXPAYER
NAHE/ADDR
38 05-117-23 12 0010
03580 BAYSIDE RD
K R 8 L T OLSEN
KEVIN R OLSEN
3580 BAYSIDE RD
LONG LAKE HN 55356
HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM
PROPERTY OWNErS LIST
38 05-117-23 12 0011
00165 BEDERWOOD DR
GEORGE S TERP
GEORGE S TERP
165 BEDERHOOD DR
LONG LAKE NN 55356
REPORT NO. PI935901
PAGE 1
38 05-117-23 12 0012
00185 BEDERWOOD DR
MARGARET M WILLIAMS
MARGARET M WILLIAMS
185 BEDERWOOD DR
LONG LAKE MN 55356
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PRCP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 05-117-23 13 0011
00220 BEDERWOOD DR
ALISHAH S AZAD
ALISHAH S AZAD
200 BEDERWOOD DR
LONG LAKE MN 55356
38 05-117-23 13 0097
00038 ADDRESS UNASSIGNED
KYLE FAMILY LTD PTNRSHP
R KYLE I K A KYLE
1190 TONKAWA RD
LONG LAKE MN 55356
38 05-117-23 13 0017
03560 BAYSIDE RD
KYLE FAMILY LTD PTNRSHP
RICHARD I KATHLEEN A KYLE
1190 TONKAWA RD
LONG LAKE MN 55356
38 .05-117-23 13 0098
00038 ADDRESS UNASSIGNED
K R & L T OLSEN
KEVIN R OLSEN
3580 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 13 0091
03568 BAYSIDE RD
J W 8 J P BARTLETT
JEFFREY 8 JO ANNE BARTLETT
3568 BAYSIDE ROAD
LONG LAKE MN 55356
38 05-117-23 13 0099
00222 BEDERWOOD DR
JEFFREY D MUELLER
JEFFREY D MUELLER
222 BEDERWOOD DR
LONG LAKE MN 55356
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 05-117-23 21 0011
03690 BAYSIDE RD
HERBERT T OLSON 8 WIFE
HERBERT 8 JANE OLSON
3690 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 29 0039
00038 ADDRESS UNASSIGNED
HERBERT T OLSON 8 WIFE
HERBERT T OLSON
3690 BAYSIDE ROAD
LONG LAKE MN 55356
38 05-117-23 21 0012
03625 EILEEN ST
JOHN G PIDGEON 8 WIFE
JOHN 8 MAGDALEN PIDGEON
10912 GLEN WILDING LANE
BLOOMINGTON MN 55931
38 05-117-23 29 0117
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
P 0 BOX 66
CRYSTAL BAY MN 55323
38 05-117-23 29 0023
00038 ADDRESS UNASSIGNED
HERBERT T OLSON 8 WIFE
HERBERT T OLSON
3690 BAYSIDE ROAD
LONG LAKE MN 55356
38 05-117-23 29 0118
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
P 0 BOX 66
CRYSTAL BAY MN 55323
/ ■ '’-7
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
TOTAL BATCH 002 00015
To:Chair Hawn and Orono Planning Commissioners
Ron Moorse, City Administrator
From:Paul Weinberger, Zoning Administrator/Plaimer
Date:July 9,1999
Re:#2479 Peter Andrea Co. (Jim Deanovic)
"555" Stubbs Bay Road North
Class III Preliminary Plat Subdivision-Public Hearing
Zoning District:RR-IA, Single Family Rural Residential, 5 Acre minimum lot size,
Unsewered
Comprehensive Plan:Rural Service/Rural Residential
Site Area:46.75 Acres
Proposal:7 Lot Rural Residential Development (Single Family)
Exhibits:
A
B
C
D
E
F
G
H
I
J
K
Application
Plat map
Property Owner's list
Reduced Survey
City Engineer report
Assessor's calculation for park dedication
January 19,1999 minutes from sketch plan
Planning Commission Minutes - April 19,1999
Plaiming Commission Minutes - May 17,1999
Septic report memo
April Planning Report
PARCEL INFORMATION
Property Identification:
The subdivision includes the following parcel(s):
32-118-23-24-0007
^2479 Peter Andrea Co.
555 Stubbs Bay Hoad
Subdivision
7/19/99
page-J
• *
Summary of Request
Peter Andrea Co. is proposing a seven lot subdivision for property located at "555" Stubbs Bay Road
North. The developer has addressed most of the issues previously discussed by the Planning
Commission. Access to the seven lots would be via a private road shown on the surv'ey as Outlot
A which is proposed to intersect Stubbs Bay Road to the east. The issue of the provision of future
access to lots to the west is through Outlot B. Preliminary Septic Reports have been reviewed and
conditionally approved by Steve Weckman. Mr. Weckman has commented additional design work
shall be completed prior to final approval.
Conformity to Zoning and Comprehensive Plan Standards
The proposed subdivision creates a rural residential development of 5+ acre lots served by private
septic systems and individual wells. The proposed development is not included in the Met Council
designated service area to allow for the provision of sanitary sewer. Municipal water is not
available.
Surrounding Properties
Property to the north, south and west is zoned RR-1A (5 acre minimum lot size). The properties to
the east, across Stubbs Bay Road are zoned RR-IB (2 acre minimum lot size). The proposed
subdivision is in keeping with general character of the neighborhood.
Lot Layout and Lot Standards
Each lot meets or exceeds the 5.0 acre minimum lot standard for the RR-1 A district. All lots also
demonstrate they do meet the required lot width at the defined front yard setback.
Resulting from the topography of the site and wetlands many of the lots are irregular in size and
shape, however each lot appears to demonstrate a suitable building site within the required setbacks
and allow for a primary and alternate septic site. The surveyor has depicted the required setbacks
on the survey mo'it revised on 7/2/99.
Lot 1, Block 1 is proposed at 9.12 acres is size. This lot is subject to a future land dedication for a
Highway 12/County Road 6 interchange. Current plans indicate the total "taking" will involve just
under 4 acres of land. The resulting lot would be 5.16 acres in area, still meeting the required 5.0
acre minimum lot size. It appears the lot would allow for a buildable site within the proposed
setbacks with some grading.
Lots 2 and 4, Block 1 and Lots 1 and 3, Block 2 are defined as comer lots which do require a 100'
side yard adjacent to street setbacks. Lot 2, Block 1 and Lot 1, Block 2 are showing setbacks of 50'
adjacent to a street. This change shall be shown on future surveys at 100'. The lots do demonstrate
suitable building sites with the increased setbacks.
U2479 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
7/19/99
Outlet A is intended to be a private road held by the Homeowners Association. The Homeowners
Association shall be created by the subdivider. The Association will be responsible for the
maintenance of the private road. The Outlot is platted at 1,100 feet in length. The Code allows a
maximum of 1,000 feet for cul-de-sacs. The road is being platted with the intent to extend the road
when access is required to the west. Thus, the cul-de-sac could be considered temporary.
The future extension of the cul-de-sac is shown as Outlot B. Outlot B is platted providing flitoe
access to properties located to the west of the development. The Orono Subdivision Code requires
property being subdivided to provide for future access when determined necessary. The subdivider
will only develop the road as a cul-de-sac within Outlot A. Lot 1, Block 1 Vvill have access via a
private drive through Outlot B and Outlot C. Outlot C may not be required to be platted separately,
but shall have an easement dedicated to the City as a future road easement.
LOT INFORMATION
The subdivision is proposed as 7 lots on 46.75 acres.
Block 1 Dry Acres Total Acres
Loti 9.12 acres 9.12 acres
Lot 2 5.00 acres 5.00 (non-Orono wetland)
Lots 5.00 acres south of right-of-
way
5.00 (non-Orono wetland)
Lot 4 5.01 acres 5.20 acres
Block 2
Loti 5.00 acres 5.S8 acres
Lot 2 5.08 acres 6.58 acres
Lots 5.00 acres 7.S2 acres
U2-f79 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
7/19/99
ZONING
The parcel is zoned RR-1 A, Rural Residential District. The minimum lot area requirement is five
(5) acres. The minimum setback requirements are noted below;
Lot Area Lot Width Front Yard Rear Yard Side Yard Side
Adjacent to
Street
5 acres, dry
buildable
300'100'100'50'100'
Wetland Setback Tree Planting
No building, excavation, grading or filling is allowed in or within 26' of the wetlands. The wetland
setback will apply to Lots 1,2 and 3, Block 2.
The Subdivision Code requires trees to be planted along the private road. The locations of those
trees shall be shown on the final landscaping plan.
Septic
The minimum setback requirements for septic systems is 75' from wetlands, water supply wells and
stormwater ponds.
The sites have been conditionally approved by Steve Weckman. Some additional data regarding the
system design and location of soil borings will be required prior to Council approval.
Access
The proposed plat shows a private road as Outiot A. The private road would be located off Stubbs
Bay Road and end in a cul-de-sac. Our Subdivision Code requires roads to be platted through
assuming it will be necessary for future connections to land locked parcels. To be consistent with
the intent of the Code it is required the subdivider plat access outlots for future road extensions to
the West. The proposed interchange for Highway 12 and County Road 6 will make access from the
North difficult if not impossible.
An adjacent property owner was concerned about the impact of the private road in relation to her
property to the east. The concern was headlights from vehicles entering Stubbs Bay Road projecting
light onto the property. There is a stand of evergreens between the residence and the road. IT.e
subdivider *tha1l work with the property owner to develop a suitable plan to eliminate this concern.
U24 79 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
7/19/99
The proposed roadway will need to have a minimum paved width of 28' to meet City standards for
a private street serving 7 or more units. The proposed temporary cul-de-sac will exceed the 1000'
standard. The plan shows the road at approximately 1100'. The road shall be platted as a through
street and developed as such in the future for access to the west.
The City Engineer shall review geotechnical recommendations and street design, including
horizontd and vertical curve standards. This information shall be required before the City Council's
review.
Easements
1.
2.
3.
A 27' road easement (Outlot C) is located along the west property line of proposed Lots 1 and
2, Block 1. Outlot C will not developed as a street until the time access to the west becomes
necessary. Outlot C will provide driveway access to Lot 1, Block 1. The driveway shall be
located 5' from either property line.
Standard drainage and utility easements along the property lines will be required for the final
plat.
Subdivider shall grant Conservation and Flowage easements across the wetlands located
within the development. Language in the easement documents shall restrict land alteration
and removal of vegetation.
Park Dedication Fee
8% of the land value, to be determined by the City Assessor, will be required for Park Dedication
Fee.
Drainage
The City Engineer has stated in the attached Engineer's Report the draft version of the City's
Comprehensive Storm Water Management Plan (SWMP) shows that the site lies within Pvo major
drainage districts. The northerly and southerly portions of the site flow to the west and lie within
the Painters Creek drainage district. Engineer’s recommendation is final plans should include water
quality provisions for storm water leaving the northerly and southerly portions of the site. A
drainage area map, storm sewer and ponding calculations should be provided with the final plans.
Issues for discussion
1.
2.
The proposed access to Lot 1, Block 1 is via Outlot B and an easement platted 27’. In the
future it may become necessary to develop a road for future access to the west.
The City Engineer has indicated this property is located within 3 separate drainage districts.
The plan only indicates one stormwater pond. Is more ponding necessary?
#2479 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
7/19/99
• •
-1
3. Park dedication fee shall be equivalent of 8% of the value of the lot.
4. Is the proposed lot layout acceptable?
STAFF RECOMMENDATION
All the lots meet the zoning district requirements for developments in the RR-1A zoning district.
Staff is recommending approval of the application based on the following conditions:
1.Staff approves the septic reports submitted by the subdivider. Each lot must demonstrate a
primary and alternate site to be considered a buildable lot.
The City Engineer reviews and approves the drainage plan and stormwater treatment pond
within Ae development.
3. The conditions noted above shall be completed prior to review by the City Council.
#24 79 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
7/19/99
Application # eP^’l ^
Date Received"^TEIZliZ_
Amount Paid
CITY OF ORONO - SUBDIVISION APPLICATION
PROPERTY LOCATION ^ >
Site address ____**
Property Identification Number (PID) ?Z -//<P •> *- 2 y -
. • .
Please check one - Property abstract or
Attach legal description to application.
tonrens?
i/2. ?/? t Acres Dry Land
fS i Acres Wet Land
yst Acres Total, all parcels
Residential; no. of units
Other (specify)_____
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present use (check)
Present Zoning District
PROPOSAL ^ ^
Division for Tax Purposes ^
■ Lot Line Rearrangement Only (no new buildling sites)
>7 Subdivision for New Building Sites
Number of Building Sites ^-----Existing Units
^ New Units
*7 Ibtal Units
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
•7 _Units per fY.7i*Acres
-S^rPt:DryBuildableLand
>C Residential
_______Other (specify)________
RUN DATE 02/11/99 • IIEMNEPZN COUNTY PROPERTY INFORMATION SYSTEM
•. PROPERTY OWNERS LIST
BATCH 505
PROP ADDR
OWNER NAME
taxpayer
NAME/ADDR
PROP'ADOR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER .
NAME/ADDR
50 29-110-23 33 0000
00030 ADDRESS UNASSZCNED
BURLINGTON NORTHERN RY
BURLINGTON NORTHERN RY
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/AODR
30 29-110-23 3A 0009
03000 WAYZATA BLVD W
OTTEN MAMACEMEMT
OTTER MANAGEMENT
BOX 209
LOHO LAKE MM 55356
30 32-110-23 13 0009
00490 STUBBS BAY RD N
FREDERIC P RIEBEL
FREDERIC P RIEBEL
P 0 BOX 199
LONG .LAKE MN 55356
30 32-110-23 21 0006*
00030 ADDRESS UNASSICNED
BURLIHOTON HORTHERH RY
BURLINGTON NORTHERN RY
30 32-110-23 22 0003
03025 SIXTH AVE N
MICHAEL A ALEXANDER
MICHAEL A ALEXANDER
3025 6TH AVE N
LONG LAKE HN E5356
30 32-110-23 23 0009
00460 ORCHARD PARK RD
ROBERT J 0 LORRAINE E RODEN
ROBERT J * LORRAINE.E RODEM
960 ORCHARD PARK RD
long LAKEMN 55356
30 29-110-23 33 0009
03960 SIXTH AVE N
NORTHERN STATES POWER CO
NSP PROPERTY TAX DEPT
919 NICOLLET HALL
MPLS HN 55901
50 32-110-23 13 0002-
00530 STUBBS DAY RD N
R C TAYLOR t S SKAY-TAYLOR
R C TAYLOR t S SKAY-TAYLOR
530 STUBBS BAY RD M
LONG LAKE MN 55356
SO 52-110-25 21 0003
00030 ADDRESS UNASSIONED
S A CIRSPIMSKI ETAL •
CLIFFORD L OTTEN
P 0 BOX 299
LONG LAKE MN 55356
30 32-110-23 21 0009
00030 ADDRESS PENDING
STEPHEN DAVIS TOWLE
STEPHEN DAVIS TOWLE
5115 PINNACLE DR
OLDSMAR FL 39677
30 32-110-23 22 0009
00030 ADDRESS UNASSICNED
ROBERT T MICKELSEN ETAL
JIM WHALEN
19925 SOTH AWE N
PLYMOUTH HN 55996
30 32-110-23 29 0003
00905 STUBBS BAY RD N
R C JOCHIMS 1 S J JOCHIHS
ROBERT 8 STEPHANIE JOCHIMS
905 STUBBS BAY RD N
LONG LAKE HN • 55356
REPORT NO. P1935901
PACE.. 13
30 29-110-23 39 0000
03790 WAYZATA BLVD W
CLIFFORD L OTTEN
CLIFFORD L OTTEN
P 0 BOX 299
LOHO LAKE HN 55356
• •
SO 32-118-23 13 0005 .
00900 STUBBS BAY RD N
TODD H t DONNA H CAUSE
TODD t DONNA CAUSE
980 STlffiBS BAY RD
LONG LAKE MM 55356
38 32-110-23 21 0805
00605 STUBBS BAY RD N
SIN KROGNESS
STEPHEN M KROCNESS
605 STUBBS BAY RD N
LONG LAKE MN 55356 .
38 32-118-23 22 0002
03825 SIXTH AVE N
MICHAEL A ALEXANDER
MICHAEL A ALEXANDER
3825 6TH AVE N
LONG LAKE MM 55356
38 32-118-23 23 0006 .
00038 ADDRESS UNASSICNED
STEPHEN D TOWLE
STEPHEN D TOWLE
5115 PINNACLE DR
OLDSMAR FL 39677 .
30 32-110-23 29 0006
00585 STUBBS DAY RD N
K A I D K HOLMES ET AL
KEVIN A I DIAHE K HOLMES
505 STUBBS BAY RD N
LONG LAKE HN 55356
• fi
i
o
RUN LATE 02/11/99
BATCH SOS
PROP ADDR
OWNER
TAXPAYER
NAHE/AOOR'
PROP ADOR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP AODR
OWNER NAME
TAXPAYER
NAHE/AODR
IIE^mEPXN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
SO S2-110*23 24 0007
03900 WATERTOWN RD .
ORCHARD PARK FARM INC
ORCHARD PARK FARM INC
3900 WATERTOWN RD
MAPLE PLAIN MN 55359
SO • 32-110-23 32 0001
03940 : WATERTOWN RD
JEFFREY V HELIN
JEFFREY V HELIN •
3940 WATERTOWN RD
MAPLE PLAIN HN 55359
TOTAL BATCH 505 00024
REPORT NO. PX435401
PACE ■ 14
SO 32-110-23 31 0001
00305 ' STUBBS BAY RD N
PANEU F GREGORY
PAMEU FROST GREGORY
C/0 HOLLYBROOK B CO .
706 2ND AVE S R400
MPLS HN 55402
SO 32-110-23 31 0003 .
00355 STUBBS BAY RD N
T R SCHUPP A J M SCHUPP
nHOTHY.R/JEANETTE M SCHUPP"
355 STUBBS BAY RD N
LONG LAKE HN 55356
30 32-110-23 32 0005
03050 WATERTOWN RD
S H A C A HARRIS
STEVEN H HARRIS
305 TURHAM RD
MAPLE PLAIN MM 55359
30 32-110-23 42 0001
00403 STUBBS DAY RD N
RICHARD N STUBBS
RICHARD N STUBBS
400 STUBBS BAY RD N
LONG UKE HN 55356
rk\ J
Z CERHFY 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.
• •
•I
• • I
• • •
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
■ AprU5,1999
• •* * ^ <
Eli2abeth VanZomeren
City Planner/Zoning Administrator
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: Peter Andrea Subdivision
File No. 139-2479
Bonestroo. Rosene, Anderlik and Associates, Inc. Is an Affirmative Actlcn/Bqval Opportunity Employer
Prlncipalr. Otto G. Bonestroo. P.E. . Joteph C. Anderlik. FE. • Marvin L Sorvala. r»£. •
Richard t TUrncr, P.E. • Glenn R. Co; k. PS. • Robert G. Schunichc. PX • Jerry A. Bourdoa PX •
Robert W. Rosene. PX and Susan M. CberOa CAA.. Sertlor Consultants
Associate Principals: Hornard A. Sanford, P.S. • Keith A. Cordon, PX • Robert R. PUfferle. PX •
Richard W. Foster. PX • David O. Loikota. PX • Robert C Russek, AJ-A. • Mark A. Hsnson. PX •
Michael T. Rautmann, PX • Ted KXeld. PX • Kenneth P. Anderson. PX • Mark R. Rolfs, PE. •
Sidney P. Wllllamsoa PX LS. • Robert F. Kotsmiui • Agnes M. Ring • Michael P. Rau. PX •
Allan Rick Schmidt. PX
Offices: St. Paul. Rochester. Wlllmar and Sb OcuA MN • Milwaukee. Wl
Website: wwwJ5cnestroo.com
E
Dear Liz: *
We have reviewed the preliminary plat for the proposed seven-lot subdivision for the Peter
Andrea Company. The site is located west of Stubbs Bay Road North and south of TH 12 in the
north half of Section 32. We have the following comments in regards to engineering matters.
• __
1. Access: The proposed access location off from Stubbs Bay Road appears acc^table. The
proposed roadway will need to have a minimum paved width of 28 feet to meet City
standard?, for a public or private street serving 7 or more units. The proposed cul-de-sac is
approximately 1100 feet long where City standards allow for a maximum cul-de-sac length of
1000 feet. The plans should be reviewed for any conflicts with the future realignment of
T.H. 12. The developer should be aware that the City will reconstruct Stubbs Bay Road this
summer and eliminate the at grade railroad crossing and the existing access at T.H. IZ There
Is a need for a future east west roadway between Stubbs Bay Road and Orcnard Park Road.
It makes sense at this time to make provisions for a future westerly extension of the proposed
roadway serving this property. City staff should research and further review possible
alignments for a future westerly roadway extension prior to preliminary plat approval. It may
make sense to dedicate 33 feet of right-of-way along some or all of the west boundary of the
parcel. Thirty-three feet of right-of-way currently exists west of the west property boundary.
Thirty-three fe<et of right-of-way also exists from the southwest comer of this parcel to
Orchard Park Road. Final plans should Include geotechnical recommendations and street
design including horizontal and vertical curve informaflon.
2. Grading: A grading and erosion control plan for the entire site should be submitted for
review. It appears that driveway and street construction will require some wetland filling.
Driveway locations should be shown and wetland impacts identified on the final plan set.
Erosion control measures should be in place prior to any grading, particularly along the
wetlands. Additional erosion control will be needed during construction of the houses and
septic systems.
3. Drainage: The draft version of the City’s’ Comprehensive Storm Water Management Plan
(SWMP) shows that the site lies within two major drainage districts. The northerly and
southerly portions of the site flow to the west ar.d lie within the Painters Creek drainage
district. Final plans should include water quality provisions for storm water leaving the
northerly ai.d southerly portions of the site. The central portion of the site flows easterly and
lies within the Lake Classen drainage district. The receiving water body for the Lake Classen
portion of the site Is a wetland identified as LC-C-32 in the SW'MP. The wefiand is located
2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651-636*4600 ■ Fax: 651-636-1311
on the cast side of Stubbs Bay Road and is classified as being highly susceptible to storm
v/ater flows. A water quality pond should be constructed on Lot 1 or Lot 7 to treat water
from the site prior to discharging into wetland LC-C-32. A drainage area map, storm sewer
and ponding calculafions should be provided with the final plan set Final plans should be
submitted to the Minnehaha Creek Watershed District for their review.
4. Easements: Final platting should include 33 feet of dedicated right-of-way for Stubbs Bay
Road. 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 all wetland, drainage way and pond areas.
5. Financial Guarantee: 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 651-604-4863 if you have any questions regarding this matter.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
/oyyf
Tom Kello
Cc: Greg Gappa, City of Orono
i
5
r»n
§
il:
‘2-
9Rwfr
^/C. *?5" A<^
* ^ •« —
/j^L Jy-'''''-'
33,^2 /,..
; U77_,,T. *
3Z- 1 IS"' 2 1> '^ 4-
CO
D
MV
0
8
#I#:
o
Ox
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JANUARY 19,1999
SKETCH PLAN REVIEWS
(#10) #2452 PETER ANDREA COMPANY, HAVING AN INTEREST IN 6XX STUBBS BAY ROAD
NORTH (PID #32-118-23-24-0007), 10:16 p.m. -10:40 p.in.
Van Zomereh presented the staff report She said the applicant Is proposing to subdivide ^ 36.47;
' • acre parcel Into seven lots with two outlots for access. Each lot would contain a minimum of 5 acres.
■ Outlet A would be a private road ending in a cul-de-sac. She said all the proposed building pads -
can meet the setback requirements. She recommended that the applicant provide additional
infonnatlon regarding the use of the most northerly portion of the parcel and the purpose of Outlet B,
Mark Gronberg and Jim Deanovic were present
Gronberg stated that the northern most lot line Is where Highway 12 Is proposed to run. Outlet B Is
for access to the northern most lot He said there Is a platted road that runs along the west side of
the property.
Stoddard asked how access would be provided to the undeveloped lots to the west of the proposed
subdivision.
■ Gronberg said that the platted road that runs between the proposed subdivision and the undeveloped
lots was probably Intended to provide the access or they could gain access from Orchard Park Road. •
Stoddard stated he is comfortable with the plan as long as the platted road along the west side
remains In the plan.
Undqulsl stated that he Is comfortable with the plan.
McMillan said she Is also comfortable with the plan.
PLANNING COMMISSION COMMENTS
(#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL
MEETINGS ON NOVEMBER 23,1998, DECEMBER 14,1998, AND JANUARY 11,1999
Smith noted that on January 11th the Council reviewed the Rebers/Servlce 800 application and there
are issues with the access.
Van Zomeren stated that Mn/DOT had given preliminary approval to the access as a quick right turn,
but then denied approval for that access. Mike Gaffron has been working with the project manager
for that proposal and also Mn/DOT to resolve the Issue.
Smith noted that there Is a published schedule of Council members who will attend the Planning
Commission meetings.
9
Smith said that the City has asked for an extension to provide an updated Comprehensive Plan to
the Metropolitan Council. She asked staff if the Planning Commission will be Involved In updating the
Comprehensive Plan.
Van Zomeren replied that Mike Gaffron will be devoting his time to completing the Comprehensive
Plan. She said she Is not sure how the Planning Commission members will be Involved.
Schroeder asked Bob Sansevere, Council Member, to what degree the Council plans to Involve the
Planning Commission In updating the Comprehensive Plan.
Page 16
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JANUARY 19,1999
• •
(if$) i^24S1 LYLE AND G RETCHEN SHAW, 1750 SHADYWOOD ROAD- Continued
Roelofs stated that the application was written as though It was for a garage. He explained the*
current floor plan of the house.
Stoddard asked If the desire for extra living space or the desire for garage space steered the
application.’- :• • • ' • • •' .
Roelofs said they go hand In hand. The applicants want to bring a garage to the lot and expand the
house. They want to keep the house as contiguous as possible. He said the addition is entirely
behind the setback line. Roelofs reviewed the sizes of the neighboring houses. He said they would
like some direction from the Planning Commission members before making further plans.
Stoddard said he would like to see the hardcover scaled back. He asked what the hardcover would
be if the structural coverage was brought down to 15%'.
McMillan said the applicants are allowed a minimum of 1,500 feel of stnjctural coverage and that
would automatically trigger additional hardcover. She said that 15% structure coverage would be
1,565 square feet and the applicants are proposing 1,650 square feet She said she could approve .
the application if the structural coverage was reduced to 1,565 square feet
Roelofs said that would mean a reduction In building mass of 85 square feet He said they did
consider maldng the garage shor: 3r, but R doesn't reduce hardcover because the driveway would be
longer.
McMillan said she believes that structural coverage Is more Important than hardcover and 1,565
square feet would be very close to the allowed 1,500 square feet of structural coverage.
Lindquist and SmUh agreed wRh McMillan.
There were no public comments.
Lindquist asked If Roelofs was comfortable with reducing the structural coverage to 15%.
Roelofs said he believes they can work R out.
McMillan moved, Smith seconded, a motion to approve Application #2451, Lyle and Gretchen
Shaw, 1760 Shadywood Road, for a hardcover variance In the 75'-250* lakeshore setback with
the condition tfiat prior to the Issuance of a building permit the applicant provide a drainage
plan that would be acceptable to City Staff. VOTE: Ayes 5, Nays 0.
!
Page 15
ORONO PLANNING CO^I^^SSION
MINUTES FOR APRIL 19,1999
(#2474 Susan Wilson, continued)
The Certificate of Mailing and Affidavit of Publication were noted.
Steven and Susan Wilson, Applicants, were present..
• • *
Weinberger stated the Applicants are requesting a lot line rearrangemerit to change the lot line ’
60 feet to the west to have the trees located along the east property line on the 325 South Brown
Road property, which would allow that lot to have platted access to the Luce Line Trail. The
property located at 2150 Abingdon Way will continue to have two suitable septic sites that can
meet the 20 fool setback requirement from the east property line. The rearranged lot line will
not make either lot non-conforming for lot area or setbacks or change the existing building pads.
City Staff recommends approval of this application subject to the property owner providing a new
10 foot drainage easement along the new east property line for 2150 Abingdon Way as well as
the other conditions outlined In the April 19,1999 Planner's Report.
Mrs. Wilson commented that the land might be sold and they wanted to insure that the trees In
that area will not be cut down.
Smith noted that this was an unusual situation, but questioned whether the City would be running
the risk of having other property owners construct alleys to other desirable locations.
Weinberger stated the City has seen proposals similar to this requesting walkways down to
Lake Minnetonka, but this is the first application requesting a walkway to the Luce Line. Weinberger
remarked that another alternative to preserving the trees would be to grant a conservation easement,
but noted this lot line rearrangement Is really not creating a flag lot. •
• • • * ^ ■
There were no public comments.
Lindquist commented he does not have a problem with this application.
Schroeder Inquired whether any variances were necessary with this application.
Weinberger stated It was simply a lot line rearrangement and v/ould not require any variances.
Lindquist moved, Berg seconded, to recommend approval of Application #2474,325 Brown
Road South/2510 Abingdon Way, Lot Line Rearrangement, with the understanding that a
new 10 foot drainage easement along the new east property line for 2150 Abingdon Way
will be required. VOTE; Ayes 6, Nays 0.
Mr. Wlson Inquired whether they would be able to be pul on the May 10th City Council agenda.
• • •
Weinberger stated they would need to submit the existing and proposed legal descriptions, along
with the new easements shov/n on the survey, by the end of next week Wednesday.
Mr. Wilson requested that this Item be set on the May 24th City Council agenda.
7. #2479 Peter Andrea Company, 555 Stubbs Bay Road, Class 111 Subdivision,
7:41 p.m.-8:19 p.m.
The Certificate of Mailing and Affidavit of Publication v/ere noted.
Mark Gronberg, Architect, was present.
Page?
ORONO PLANNING COM^^SSION
MINUTES FOR APRIL 19,1999
(#2479 Peter Andrea Company, continued)
Hawn noted that the representative for the Peter Andrea Company will not be able to attend
tonight’s meeting until later, and Inquired whether there was anyone In the audience that v/as . • ;
here for this application.
• * • • - • •• •
Several people In the audience Indicated that they v/ould like to comment on this application.
Gronberg stated that Jim Deanovic would not be able to make It until approximately 8:15 p.m^
A resident In the audience requested that this application be held at the scheduled time and he
could have the opportunity to speak when he am'ves.
Lindquist commented that In his view the Planning Commission should proceed with this
application.
Weinberger Stated the Applicant Is proposing to subdivide a 46.75 acre parcel into seven residential
lots In the five acre zoning district. The parcel Is zoned RR-1A, Rural Residential District. Each of
the seven lots will consist of approximately five acres dry buildable.
Welnbei^er remarked there are a number of Issues that still need to be addressed before this
application can be approved. The Applicant is proposing access through a private road located off
of Stubbs Bay Road ending in a cul-de-sac. City Code requires roads to be platted through in order
to Insure future connections to landlocked parcels, and the developer is required to pidl access
outlets for future road extensions to the west. However, the proposed Interchange for Highway 1?.
and County Road 6 will make access from the north difficult If not impossible.
This property also contains some wetlands which are not located In Orono. It Is City Staffs position
that the wetland not be mitigated if an alternative exists for access to Lot 3. The developer will also
need to Incorporate a stormwater pond and conservation and drainage easements will be required
over the pond.
Weinberger stated the Applicant will also need to submit Information on driveway access to Lot 6,
a wetland delineation report, and septic reports before this application can be approved.
City Staff is recommending that this application be tabled to allow the Applicant time to address
the nine Issues Identified on page five of the April 19.1999 Planner's Report and to give City StaT
time to review the required reports.
Smith Inquired why this application was being heard tonight If there were some many outstanding
Issues remaining to be resolved.
• • • • •
Weinberger stated that the application was accepted by the City with notice being given to the
neighbors approximately two weeks ago, City Staff was expecting submittal of this Information prior
to tonight’s meeting. City Staff also had concerns that need to be addressed by the Planning
Commission regarding the location of the roadways.
Gronberg commented that the future roadways for this development are a concern, noting that If the
land to the west Is ever developed, rezoning would be necessary, and there would be an opportunity
at that time to create roads to the west.
Schroeder commented that in his opinion he cannot contemplate rezoning to two acres at this
time for that area.
Page 8
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 19,1999
(#2479 Peter Andrea Company, continued)
Gronberg noted that there Is 33 feet of right-of-way along Orchard Park Road.
Weinberger staled the right-of-way had previously beeri dedicated from properties and City Staff Is . '
looking for right-of-way'dedicalion for this subdivision to insure future road connections.
Schroeder Inquired what the Applicant has platted for the roadways.
Weinberger stated there Is a 33 fool wide corridor along some of the properties, with a 50 fool
right-of-way Is needed In this area. Weinberger commented that It would be fair to both developers
to have 25 feel of right-of-way on either side of th-' platted road. Weinberger noted that no
development is being planned at this time to the land to the west.
Hawn Inquired whether there were any public comments regarding this application.
Jim Whelan, 14425 - 38th Avenue, Plymouth, staled he also owns pnperty near this subdivision,
and expressed concerns that the proposed com’dor for Highvray 12 w - landiock his property.
Whelan commented he Is Interested In accest. >ff Stubbs Bay Roao or somewhere else If possible.
Whelan staled access from the south Is not possible due to the low laiid located there. Waylon
commented he has written a letter to MnDot regarding his access.
Kevin Holmes, 585 Stubbs Bay, commented that he was glad to see the Planning Commission make
provisions for wetlands and roads In new developments, but would like to see some Information
regarding the easements. Holmes stated In his view Oullot B will not be bulldable due to the
Highway 12 corridor.
Hawn remarked that It Is difficult to answer most of these questions at this time due to the lack of
Information that has been provided by the developer. Hawn staled these Issues will have to be
addressed at a future Planning Commission meeting and that the residents will be notified of that
hearing.
Donna Cause, 480 Stubbs Bay Road North, expressed concerns regarding driveway access and
the need to preserve some trees In that area which act as a windbreak. Cause commented she
would also like to see the drainage problems adequately addressed for this area.
Weinberger stated the developer will need to submit a drainage and grading plan that Is
acceptable to City Staff, which will be reviewed by the Planning Commission at the time the
preliminary plat Is approved.
Gronberg staled they would be willing to work with the neighbors regarding some of these Issues. .
Gronberg noted that some of the work regarding this development has been delayed due to the
weather.
Hawn Inquired whether the representative for the Applicant would be agreeable to tabling this
application In accordance with Staffs recommendation.
Gronberg indicated he would agree to tabling this Hem, but would like some direction on how the
roads should be platted.
Lindquist stated In his view the property on the northern part will need a right-of-way or easement
to access that property from the cul-de-sac.
Page 9
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 19,1999
(#2479 Peter Andrea Company, continued)
Gronberg inquired whether he was looking at an easement for a driveway or a roadv/ay.
• . • ••••■ : • ‘''' ■ Lindquist commented it should be platted as a roadway. / . • . • •
Stoddard commented that an easement will probably need to be taken along the west side of
property to prevent an 1100 foot parcel from being landlocked. Stoddard stated there may also need
to be a dedicated road to the west of Outlet B.
Hawn remarked that the developer may want to design this development to eliminate the backlot if
possible.
Weinberger stated the road will possibly end in a cul-de-sac in this area and then it would be platted
through to the end of the property which would create road access to all the lots In the subdivision.
Schroeder commented that that road nay be necessary to allow Waylon access to his property as.
well.
Weinberger staled that Is one of the reasons for this road.'
Gronberg stated he is willing to work with City Staff on this issue.
Hawn moved, Schroeder seconded, to table Application #2479, Peter Andrea Company,
655 Stubbs Bay Road, to allow the Applicant time to address the Issues raised in the
April 19,1999 Planners Report and provide the necessary information.
VOTE: Ayes 6, Nays 0.
(Recess taken from 8:20 > 8:33 p.m.)
(Hawn excuses herself from the Planning Commission).
8. #2480 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH, CLASS II SUBDIVISION,
8:33 p.m.-8:38 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Tim Johnson. Representative for Spring Hill, was present.
Gaffron stated the Applicants are requesting approval of a preliminary plat. No new lots are being '
proposed with this subdivision, but as one of the conditions of approval with the Spring Hill Golf
Club conditional use permit Issued In 1997 required that the golf club grant conservation and
fiowage easements to the City over the various wetlands and drainageways on the property. It was
determined that this could be most effectively done after the wetland alterations and drainageway
reroutings were completed.
Gaffron stated the Applicant will need to contact Medina to see whether separate plat approval action
Is required by the Medina City Council.
• •
Gaffron stated that Hennepin County has been Informed of this application, and City Staff has
been Informed that Hennepin County will request an additional 10 fool right-of-way on either side of
Page 10
ORONO PLANNING COMMISSION MEETING
MINUTES FOR MAY 17, 9 I
(#6) #2487 ROBERTA A. ROTH, 1251 BRiAR STREEET - VARIANCES, 6:58 p.m. -7:03 p.m.
The Certificate of Mailing and Affidavit of Pubiication were noted.
t ,
Mr. and Mrs. Rothy/ere present, ' . ,. • •• . .
Weiriberger stated the Applicants are proposing to remove an existing house and construct a new
one on the existing foundation. The current foundation was replaced in 1985. This property is
located in the RR-1B, One Family Rural Residential District, which has a minimum of two acres.
The property Is comprised of 10,500 square feet. The Applicant applied for and received approval
to construct a detached garage on the property.
Variances are needed to lot area, lot width, front yard, and side yard setbacks.
City Staff Is recommending approval of this application since the hardcover or overall structural
coverage will not Increase.
Mrs. Roth stated that the residence was not kept up and they would like to replace It with a new ,
structure, noting that it is not worthwhile to make improvements to the existing house.
• •
Hawn Inquired whether the building Inspector has had an opportunity to inspect the foundaUon.
Mr. Roth remarked that he has requested that Lyle and Mike from the City come out to Inspect
the property but they have not done so at this time.
Weinberger stated that It Is the building official's opinion that it will meet current codes.
• • * . • • *
There were no public comments.
Stoddard moved, Lindquist seconded, to recommend approval of Application #2487,
1251 Briar Street, to permit variances to lot area, lot width, front yard, and side yard
setbacks to allow a 1,008 square foot house to be built on an existing foundation subject
to the foundation being certified as to structural soundness by the City's Building
Inspector, and to allow the existing garage to remain on the property during the time of
construction. VOTE: Ayes 4, Nays 0.
SCHEDULED PUBLIC HEARINGS
(#3) #2479 PETER ANDREA COMPANY, 655 STUBBS BAY ROAD NORTH, CLASS III
SUBDIVISION, 7:04 p.m.-7:14 p.m.
• •• • • • * •• • • •
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was not present.
Hawn noted that the Applicant was requested to submit some required information before tonight's
hearing.
Weinberger stated he did speak with the Applicant this afternoon regarding tonight's meeting, noting
that the Applicant did not indicate whether he would be present at tonight's meeting. City Staff Is
recommending that this Item be tabled until next month.
Hav/n moved, Lindquist seconded, to table Application #2479, Peter Andrea Company,
Page 6
• V ORONO PLANNING COAMSSION MEETING
MINUTES FOR MAY 17,1999
#2469 PETER ANDREA COMPANY, CONTINUED
655 Stubbs Bay Road North, to the June 21st meeting. VOTE: Ayes 4, Nays 0.
* * •. . ’v *‘ * .•* * ■ * • • • *
Havm Inquired v/helher there were any niembers present In the audience v;h6 had wanted to speak
‘regarding this application.
Sbc to eight people Indicated that they were here tonight regarding this application.
Hawn commented that this application should be removed from tabling to allow the people In
the audience to comment on this application. Hawn Inquired whether the Applicant can be
contacted to see If he would be attending tonight’s meeting.
Weinberger stated he attempted to contact the Applicant prior to the meeting butvras unable
to reach him. Weinberger remarked that the Applicant was to have contacted him to tell him of his •
. plans for tonight. The Applicant indicated that he does intend to submit revised plans.
• •
A resident In the audience commented that this was the second time that the Applicant has not
appeared.
Lindquist stated that the Planning Commission does not have much choice but to table this
application. Lindquist inquired whether the residents v/ould be notified of the next hearing.
Weinberger stated that the neighbors are required to receive notice of the hearings.
Lindquist comrhented that the Planning Commission has no assurance that the Applicant will ,
appear at the next hearing either, but that they will be required to reappear at the next hearing if
they wish to speak to this application.
Hawn stated that the Applicant Is proposing to revise his plans, which hopefully will alleviate some
of the concerns that the neighbors may have.
Lindquist commented that he v/ould like to see the neighbors Involved somewhat In the planning of
this subdivision, noting that there are issues regarding access onto Stubbs Bay Road and how that
will impact the properties on the other side of the road.
Hawn requested that the people who are in attendance leave their name with Mr. Weinberger.
Weinberger stated that it is the Intent to develop the street into a cul-de-sac temporarily and it is the
City's position that 27 feet be dedicated in the event that a road to the north Is needed to serve those
• lots. Weinberger noted that a portion of the property will be dedicated to MnDot at the time the new
■interchange is put in. Weinberger stated that City Staff is aware that one property will become
landlocked once the new Highway 12 improvements are completed.
Hav/n requested that her motion be reinstated to table this matter.
NEW BUSINESS: PUBLIC HEARINGS, CONTINUED
(#5) #2485 ALEX AND CATHY JOHNSTON, 940 BROWN ROAD SOUTH - CONDITIONAL USE
PERMIT, 7:15 p.m. - 7:22 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Page 6
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
PHONE;(612)249-4600 FAX;(612)249-4616
ZONING FILE #2479
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: May 18, 1999
TO: Jim Deanovic
Peter Andrea Co.
7700 Equitable Drive #203
Eden Prairie, MN 55344
COPIES TO: Mark Gronberg
Coffin & Gronberg, Inc.
482 Tamarack Avenue
Long Lake, MN 55356
TYPE OF APPLICATION:Subdivision
DATE OF MEETING: 5/17/99 VOTE:
Planning Commission recommends the following:
Tabled for reasons noted below.
4 FOR 0 AGAINST
NOTES AND SPECIAL CONDITIONS:
The applicant has requested the application be tabled to allow additional time for septic system
design and to amend the site plan.
The Planning Commission has recommended the applicant contact the neighboring property owners
to discuss any new proposals and access and drainage on the property.
Additional information is requested, as follows;
1. Septic report for all lots.
2. Wetland delineation report.
3. Site grading and drainage plan, to include engineering and design for stormwater
ponding.
4. Stormwater drainage calculations for review by the City Engineer.
Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline
for the June 14, 1999 Planning Commission meeting is May 28, 1999 to submit all materials.
If the applicant has trouble obtaining additional information, please contact the Zoning Department
(249-4600).
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
X:\APPS\WP WIN60\WPDOCS'CAROLE\PCACnON\2479
TO:Paul Weinberger, Assistant Zoning Administrator
FROM: Stephen Weckman, On-Site Systems Manager
DATE:June 10,1999
SUBJECT: Septic Review for Application #2479, Jim Deanovic - Preliminary Plat
The proposed seven lot subdivision includes no septic system testing and design. Approximate
drainfield sizes and site locations are identified on a topographic survey. The potential drainfield
sites appear to meet City and State Regulations for slope, but more information is necessaiy for staff
approval. The soils on some of the sites are very wet and have not been confirmed as being
adequate, but it is likely that two suitable drainfield sites could be identified on each lot.
Based on the above information, staff would recommend conditional approval or tabling of the
application. Drainfield sites appear to be available on each property, but none of them have been
tested and designed at this time.
TO: Chair Smith and Orono Planning Commissioners
Ron Moorse, City Administrator
FROM:Staff
RE:#2479 Peter Andrea Co. (Jim Deanovic)
"555" Stubbs Bay Road North
Class III Preliminary Plat Subdivision-Public Hearing
Exhibits:
A
B
C
D
E
F
G
H
I
Application
Plat map
Property Owner's list
Reduced Survey
City Engineer report
Assessor’s calculation for park dedication
January 19,1999 minutes from sketch plan
Survey
Septic report memo
One Family Rural Residential District (2 acres)
Rural Service/Rural Residential
Zoning: RR-IB
Comprehensive Plan:
Application:
The applicant is proposing to subdivide the 46.75 acre parcel into seven (7) residential lots in the 5
acre zoning district.
PARCEL INFORMATION
U2479 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
PC-4/19/99
page-t
Property Identification:
The subdivision includes the following parcels:
32-118-23-24-0007
DESCRIPTION OF AREA
The site is bordered by Wayzata Boulevard W. (Hwy 12) on the north, Stubbs Bay Road along the
most easterly edge, and residential development on the south and west.
TOPOGRAPHY
There are several wetlands on the property. The topography of the site varies from elevations of
over 1000 to 950.
U24 79 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
PC-4/19/99
page-2
LOT INFORMATION
The subdivision is proposed as 7 lots on 46.75 acres.
Lot Dry Acres Total Acres
1 5.0 acres 6.36 acres
2 5.08 acres 5.08 (non-Orono wetland)
3 5.5 acres south of right-of-
way
5.5 (non-Orono wetland)
4 5.19 acres 5.27 acres
5 5.50 acres 5.46 acres
6 5.0 acres 6.36 acres
7 5.0 acres 6.8 acres
ZONING
The parcel is zoned RR-1 A, Rural Residential District. The minimum lot area requirement is five
(5) acres. The minimum setback requirements are noted below;
Lot Area Lot Width Front Yard Rear Yard Side Yard Side
Adjacent to
Street
5 acres, dry
buildable
300 ’100'100 ’50’100 ’
Wetland Setback
No building, excavation, grading or filling is allowed in or within 26' of the w'etlands. The wetland
setback will apply to lots 5-7.
Septic
#2479 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
PC-4/19/99
page~3
The minimum setback requirements for septic systems is 75' from wetlands, water supply wells and
stormwater ponds.
No septic reports have been received as of the writing of this staff report. The subdivider's septic
site designer has been in contact with the City's On-Site Septic Systems Manager, Steve Weckman.
Staff will attach a septic report as an Exhibit to this report when it is available.
The applicant has not provided septic reports to the City for review. Before we can proceed with the
application Staff must determine if the septic locations as shown are acceptable.
Access
The proposed plat shows a private road as Outlot A. The private road would be located off Stubbs
Bay Road and end in a cul-de-sac. Our Subdivision Code requires roads to be platted through
assuming it will be necessary for future connections to land locked parcels. To be consistent with
the intent of the Code it is required the subdivider plat access outlets for future road extensions to
the West The proposed interchange for Highway 12 and County Road 6 will make access from the
North difficult if not impossible.
A wetland is located in the Northwest comer of proposed Lot 5. Staff is recommending an outlot
be platted at 50' for future access to the west. The outlot would be located in Lot 5 to the south side
of the wetland.
Easements
1.A 27' road easement is located along the west property line of proposed Lot 3 and part of
proposed Lot 4.
2.Standard drainage and utility easements along the property lines will be required for the final
plat.
3.Subdivider shall grant Conservation and Flowage easements across Orono wetlands located
over Lots 4, 5, 6 and 7.
Park Dedication Fee
8% of the land value, to be determined by the City Assessor, wdll be required for Park Dedication
Fee.
ISSUES FOR DISCUSSION
M2479 Peter Andrea Co.
355 Stubbs Bay Road
Subdivision
PC-4/19/99
page—4
1.
2.
The Preliminary Plat shows Outlet A as the proposed private road, but does not provide a
means for future connection through the plat to the west.
The proposed Lot 3 is accessed by a 50' Outlet B for a private driveway. Private driveways
are normally platted at 30' for back lots. The plat shows a proposed rear lot line for right-of-
way which may be 'taken' for an interchange. Knowing this, the City should require the lot
meet 150% of zoning district requirements as a back lot recognizing the location of the rear
lot line after right-of-way acquisition. The lot should meet the following requirements:
A. Lot Area = 7.5 acres
B. Front Setback = 150'
3.Outlot B is shown through an existing non-Orono wetland. The status of the wetland being
non-Orono does not change the need to mitigate the wetland at 2:1 on site. It is the position
of City Staff the wetland not be mitigated if an alternative exists for access to Lot 3.
Including extending Outlot A further to the northwest.
4.
5.
6.
7.
The Minnehaha Creek Watershed District will require on site treatment of stormwater. The
plat does not show a pond being developed. Conservation and drainage easements will be
required over a stormwater pond.
The subdivider has not provided information on how a driveway will cross the Orono
wetland over Lot 6 between Outlot A and the proposed building site.
The subdivider has not provided a wetland delineation report or septic reports. It is not
possible to proceed with the application until these items have been reviewed and approved.
Lots 4 and 5 w'ould require lot width variances as they do not meet the required 300' width
for the RR-1A (5 acre zoning district).
8.
9.
The location of the building pad shown on Lot 5 may be in a location to narrow. The lot
requires a lot width variance at the street and the width at the building pad is only about 180'
The City will require dedication of a 17' along the west property line of Lot 5 for future right-
of-way. 33' had been dedicated along the parcels to the west.
#2479 Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
PC-4/19/99
page-5
STAFF RECOMMENDATION
Staff recommends the application be tabled to allow additional time for the subdivider to submit
septic and wetland delineation reports. The Planning Commission should also discuss the items
listed on page 5 and offer recommendations based on future access to properties located to the west.
The Subdivision Ordinance requires developers plat for future access through the subdivision. This
plan does not provide for future access.
#247P Peter Andrea Co.
555 Stubbs Bay Road
Subdivision
FC-4/19/99
page—6 i
L
TO:
FROM:
DATE:
RE:
Chair Havvn and Orono Planning Commissioners
Ron Moorse, City Administrator
Kris Jenson, Assistant Zoning Administrator/Planner
July 6,1999
#2502 Bill Wear, 2160 Wayzata Boulevard
Amend Conditional Use Permit Amendment, Variances-Public Hearing
Zoning:B-1, Retail Sales Business District
Application: To amend the Conditional Use Permit to add a canopy, and a variance to allow
the canopy to be 6' from the property line.
STAFF SUMMARY
A zoning application was submitted and reviewed by the Planning Commission two years
ago on the same request. The Planning Commission voted to recommend that the variance be
approved, conditional upon Staff review of the height of the canopy, a lighting plan, and signage;
removal of a portable sign and reinstallation of the pylon sign; and comer angles on the front of the
canopy. This item did not proceed to the City Council as Staff did not receive a canopy plan from
the applicant.
Mr. Wear has resubmitted his application for a canopy at the Orono Self Serve. The
proposed canopy is approximately 15' in height (to the underside) will have angled comers on the
front, in order to maximize the distance between die canopy and the overhead power lines. Lighting
under the canopy will be recessed, and information regarding the lighting is included in the exhibits.
A review of the photometric plan shows minimal amounts of light spilling over the property line.
Signage has not l^en reviewed as a part of this application, and Mr. Wear must bring any proposed
signage to the Planning Commission for their review.
The proposed canopy requires a conditional use permit amendment and a variance. Motor
Fuel Stations are a conditional use within the B-1 Retail Sales District, and a canopy is an accessory
to the conditional use, which was originally granted in 1972. The variance is required for the front
yard setback, as the applicant's front yard was reduced when the State took land for the reconstructed
Highway 12 right-of-way easement.
Pertinent Ordinance
Section 10.40 B-1 Retail Sales Business District, Subd. 6, Setback Requirements (C) Front Yards.
The minimum front yard shall be 20'.
t2S02 Bill Bear. Orono Seff-Servlee
ConJitlonal Use Permit Amendment
July 6. 1999
page-I
ANALYSIS
B-r District Standards
Lot Area Lot Width Front Yard Rear Yard Side Yard
20,000 sq. ft.100’20’30'10’
Subject Property Lot Area and Yards
Lot Area Lot Width Front Yard Rear Yard Side Yard
2.5 Acres 364.31'36’ to building
6 ’ to canopy (prop.)
54'69 ’, 70’
This lot conforms to required lot width, lot area, side and rear yard requirements.
CONDITIONAL USE PERMIT STANDARDS
The Planning Commission may recommend approval of a conditional use permit amendment if the
application meets the following standards:
1.
2.
3.
The proposed location of the conditional use is in accord with the objectives of the
Zoning Chapter and the purposes of the district in which the site is located and the
Comprehensive Municipal Plan;
That the proposed location of the conditional use and the proposed condition under which
it would be operated or maintained would not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity; and
That the proposed conditional use will comply with each of the applicable provisions of
the Zoning Chapter.
Issues
1.The previous variance application from 1997 states as the Hardship/Description of
Unusual Property Conditions: State of Minnesota took too much of our property which
precludes us from complying witli the Zoning Code. Orono Self Service must put up a
canopy over the pump island in order to compete with on going businesses.
»2J02 BUI Wtar, Orono Stlf-Strylct
Conditional Use Permit Amendment
Jufy6, J999
pazt-2
STAFF RECOMMENDATION
Staff recommends approval of the application for Conditional Use Permit Amendment to
permit the construction of a canopy for a gas station.
Staff recommends approval of the variance to allow a canopy to be constructed with a
setback of 6' feet, a variance of 14' feet from the 20' setback.
Exhibits:
A
B
C
D
E
F
G
H
I
Application
Location Map
Plat Map
Revised Map Showing Front Property Line
Survey
Drawing of Canopy
Site Plan
Lighting Information
Neighboring Property Owners List
1^2502 Bill Wear, Orono Sel/^Servtce
Conditional Use Permit Amendment
July 6.1999
pagers
A
Application #
Date Received 6^/3/^^
Amount Paid
CITY. OF ORONO - GENERAL LAND USE APPLICATION .
• * , . • •
Tvpe of A-pWinn in h« Aled /? n^ tWA<^7,f7gX
Property Identification Number ^XD.) ^3—2d—COO^------------
APPLICANT Phone (home)
TJ,me lAllllfXW V\!. WW^
A,trfr>~i?Jl,^ PVXU/arfa KOiOXVait) City IClIj Ull^
OWNER Ctf dififerent than applicant)
“Marn e ^'VibCU/Xin \P^£AJ(^
Zip
Phone fhome'l X Ol:^
Phone fworkI~~^^'&~*
HtU _ city~| — ap
Date Property Acquired NrW^Y'd.WT__-----------------------------------(month/year)
I (do) (do not) also own the adjacent parcels of land.
3FEES - CONDITIONAL USE PERMITS -
^ $ 75.00 For each variance request.with CUP application
$175.00 Residential Accessory Use
$250.00 Institutional (church, school, etc.)
$225.00 Guest Hous^Guest Apartments
$200.00 Duplex Credit/Bldg
^ $300.00 Commercial/Industrial Use
$250.00 Land Alteration _ . . .
Grading and filling - designated wetland or floodplam
Grading and filling - 501 cu. yd. or more
Grading, seawall, retaining walls within 75' of lakeshore
PRD/PID - see Fee Schedule
$150.00 Renewal Fee (no change from original application)
After-the-Fact Fee - Double Current Application Fee .
OTHER APPLICATIONS u * r
$250.00 Commercial Site Plan Review (+ consultant fees)
$300.00 Vacation
$200.00 Easement Vacation
$100.00 Easement Vacation With Subdivision
$350.00 Rezoning (PUD - refer to fee schedule)
$350.00 Comprehensive Plan Amendment
$100.00 Appeals
Other - see Fee Schedule
• <
REQUIRED SUBMITTALS
1. \/ Completed Application Form.
2.
3.
4.
Describe request in detail.
\/ Certified Property Owners List of owners within 350', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of Finance,
A-603, Government Center, 348-3271).
5.
✓ rx-uvyj, vjuvcimiicui J46-JZ/1J.
— Certificate of Suryqr (signed by a licensed surveyor) - refer to handout for survey
.information.
__ Attach legal description to application if not included on required survey.
7.
/A Topographic survey (existing and proposed contours) if land alterations involve
changes in elevation (grades).
____List of the legal names include mantal status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
_____ Construction plan, if applicable (see staff for requirements).
____As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
8.
9.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY
FOR REPRODUCTION (II” X 17” OR SMALLER) FOR ALL DOCUMENTS
SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be
submitted.)
The Applicant and Property Owner must sign this application. Please remember that your
application is not complete if the above information has not been included.
Certification by Clerical Department that Land Use Application is complete.
Initials of Clerical Staff:_________________ Date
APPLICANT’S SIGNATURE
The applicant hereby agrees to prowde all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or unusual expenses incurred in review of this application, and certifies that the information
supplied is true and 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 authorized
reasonable entry onto the property by City stafi^ consultants, agents, commission members, and
Council members for purposes of investigation and verification of this request.
Owner's signature Date
Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting.
Planning Commission Meetings are held on the Monday of each month. Applicants must be present at all
scheduled review meetings of the Planning Commission and Council If an applicant is tmable to attend a
scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the
Building & Zoning Office of this change prior to the meeting.
LOCATION MAf
a..I "^=*25O2Wini0M 21fa9W.\iJfl>/'-a5t(a 6M.
SEE MAP 40 i
I
I
fl
I
I
I
I
I
i
I
I
I
I
I
I
I
I
I
I
I
I
I
SEE MAP 76
1
A
154.14
v!
I>'\
*7^
N89'*M'07*E
ICX}. 19
%OL B En
(19)
50 209. 14 iS
o o
201.51
(19)2*^
5
(18)
10 L 17
jf22>
2S0. gfi
S 437.41
5.05
230.6
12.1 •*■•
^5
S
OUTLOT „/^t\- DOC NO
wU 353.42
153.42
g OUTLOT E 5
2038792
S87*4 *W Bl.Sa ▼oI............;/
101.05 154. 1?
O 6.22
.4- s(23) S
l^u.•238.77__I^24 •
ir> ---------------
_ fVl \----- 155.23
3 in
(17)N.•
^•9s
e\i
\
JO 200
*0. S87*4I'£
(1)
(53)
%
QT 10-13-94-
PARCEL 24 2B
LOT A
OUTLOT,
(58)
eSTT
^'51._____fT''^—
JVAYZA
R/W
204.44
(48)
(24)
m
26)
(9)
(2)
«
119.58
>
1
55.6
1
(36)(39)
•
60.01 175
225.01
205 50
CC
J /ISO.£3^cn " 150►' % o
Vw_
205
CO
CO
111
•
LU
lO
7 ^
n:e>
c-• • •V .**• •••• * j
D
2605.55 R£5
' 's'V <0^■;Sd:J6"WJi^5*v
312.7?
omtOT A (23)M7*35'I2*« l«9.65
47.81'
05 ;.♦* is«. u
,•-1. .....40.63
#•
iZLeg
739.57 v !5
J^ooo
247.76
»99. >r<3V ’%
S
209. »4
154.14
9 . 0
5T
' !W.M
50
(20)
d
4M
1-1^1-1
Is 237.47
*KT53
ii.7e
(M) s
d 704.51 —^ 1
?0V
5
(13)
73
w
m)
119.07
(12)
cJilot
(^
T zt T t T
c \V-.
5J;
R I
owTior e
(H)
•*2.13 .-'
/30.09
•67T58
Pi 57.81
(18) ^
(29)
(17)
pncoTTr-p
too.19
, ^
< A fo.W* «• " P 51 JO (19) K?]”
CSUGAf^fVOOO
I»i5/ \
(16)
96
s
;] 101.05 :»*•
S .13
437.41______
® COC KO 2036792
(31) 353.42 Sa7*4l‘W
«•
OOTIOT C
e.22
I7I.C4 -5C*^* 4
i?
4 p
(23) S (?4) 6 6 S
(25) 8 7 ®.
(26) 8
0
(27)
..•49.79»60. ?4 - »53.?3 t60. ?l ••■>■ 450.24 ?eo
P
outlot a
153.42
\i
R OUUOT c
? S (32)
rso.e
ZOM1H6 LOT
1J2J8
42.»*’■;•pi A?. 567^1 •£
CU*LOT r
(53)
^ U.. ‘
OT IO*l3-94
,PA4C£L 2429 MT2
ot 10-43.94
278.74
7 If. ?aRC£L 242A Ii_I'-* I
WAYZATA BLVD W pi
R/W jR 404,2S plat lauifs_w„
• • •
scnSiASW
f #O'n
• • • • •
t
s •
CERTIFICATE OF SURVEY FOR
•WILLIAM WEAR
IN THE NW 1/4 OF SECTION 34-U0-23
■’ • HENNEPIN COUNTY. MINNESOTA •
r. •
, 1 •
iit
•. •
• •
I-
^jf- •
•i ••
CQ
)
I* I ^
U :+
\h=.
. :i Tr”»
. r* r*"*^*"*'..... ..y
*1. -Ilt i: .;.
1 i.
♦ • *.• u
t • '
LSI SCOTTSDALE
\
-LIGHTINGJIPGRADES
'/ •
. \
I •'
* .• .
V-
.if
W**•W {->v. >;•
•* #lit!!
t
. . / *• V
- i' . ^ - ‘
*,. , ■ c .. >•. , V
• P
\ \
h~"'f
EiI ''
i- •-')v:; .7..»' #. • —
>*..
.ffii
:i
S
‘-VA f t' ' S.'^
:vj¥
*« • .1 ^
! I
i i
'.vA
V
WILL LEAVE
your "&[te
LOOBJg^G
SEMIFILY
I } )
/ I
I ;/
I
//
7
r>i *;
•'. t
"• -
^ T !
320 waft Super
Mehal Halide fbdure
Vertical bum lamp
Reduces energy
consumpHon by
20 percent
t /
• Reduced maintenance,
—ground relamping
• Borosilicate prismatic
glass lens
• Five-year ballast
warranty
• Lowest cost of
ownership
1 '
I f
m
.rmmM
.■'t'
,:■. ■ ■ ■ ■■ ■■■:-v'. --V“.5i''>,v:-v-:*,.A-.
. 1 _ /•.. . V.. ... -.; -.-,., ;' «.XiV" •.*
The Scottsdale is a reflection of everything you need in o canopy lighting upgrade—
brighter illumination of verticol surfaces; energy efficiency; and lower total cost of
ov/nership —all v/rapped in a sleek design that is easy to install and maintain.
Why Upgrade Your Existing
Conopy Lighting?
Upgroding your lighting is perhaps
the quickest, most affordable way to
dramatically improve the appearance of
your site and increase business. Better
lighting instantly creotes a stronger sense
of safety v/hich makes both customers
ond employees feel more secure. Law
enforcement ogencles agree that more
effective lighting is the number one way
to discourage crime and improve safety.
Finally, a lighting upgrade will improve
your long-ronge visibility—to better
attract and v/e!come patrons.
Why Upgrade With Scottsdale?
No olher upgrade can match the
advantages of the Scottsdale. Our unique
design provides the strongest possible
vertical light distribution for illuminating
pumps and other under-canopy surfaces.
Built-in efficiencies such as a 320-wott
lamp and a prismatic glass refractor
provide more uniform lighting to further
enhance your site's visual impact. All this
performance is packed info the most
energy-efficient canopy fixture on the
market.
u. Aa i z E T H E, . D yr|:E R E?N C i 5>fe:R q F I f f i w i
BEFORE
12 Existing
2x2 Fixtures
. ■■•i' .* ’.V?:: *' - ■w '^r’^ ^-- . !
i>
.«\ ^,i:^.il^« i
, t • • '. f i'-'
' “•^V
Piliw
«?
|B| £,
fe***^'.-T. ~n' ^f-'«
. '• .-i ... • ^ .. -
:''rv
AFTER
Same site after
retrofitting with 8
Scottsdale fixtures
VERTICAL
ILLUMINATION
PERFORMANCE
COMPARISON
.*' - •'
17.
43 4^-^7
10
^5
10
42
^±
43
Ul-
-43-
r/-^\ /
•'.’;i^ - .r*: •
■ .*-' •- ' • !,
V •- •*• ■•.••’*•
.V..
■■ i .-■■■■■ ■-.■'•■
_ _ ______ ' ' • -• -- 2^i_________
3L- '<
JLZ
45
12.
43
±1_
40
.^r.i.^4^ i,
BEFORE V/UUES
lai;.
AFTER VALUES
/ .iv ••SUMMAIT*—
POOTCANDiES A’.G t.‘AX
BEFORE 13 7 23 10
AFTER 44 43 40
POSITION YOUR SITE
IN THE BEST POSSIBLE LIGHT
Good long-range visibility affects your image and
directly influences sales. The Scottsdale's superior
vertical illumination performance maximizes the visuol
impact of your dispensers, spanners, column wraps,
and merchondising graphics. The Scottsdale helps ensure
safety and security for both customers and
employees—v/hile deterring crime.
1
"^1
THE HIGH-PERFORMANCE SCOTTSD ALE C A N*' M A K E.
Li
(12) 400 WATT FIXTURES
Standard Energy .
Consumption
460 WAHS*
X12 FIXIURES
5,520 WATTS .00oX(per kwh )
$.4416 (per hour )
X12 HRS PER DAY
$5.30 PER DAY
X365 DAYS PER YEAR
$1,934.50 COST PER YEAR
* Tolol wottogt including bollast lou.
. J®l watt n^i^Es
Standard Energy
Consumption
370 WAHS*
X8 RXIURES
2,960WAHS
X08«(per kwh )
$.2368 (per hour )
X12 HRS PER DAY
$2.84 PER DAY
X365 DAYS PER YEAR
$1,036.60COST PER YEAR
* Total >Mollogo indudtng boHoi) lou.
. "‘.T>3
WATTS
5^20 ’
'* m i
cost /year
i-:
•
The Scottsdale u^rade is a smart investment. The 'AFTER" upgraded facility shown
at left achieved the desired visual Impact while reducing rfie ov/neKs energy consump
tion by 46% as shown in the above table. LSI's exclusive 320-watt Scottsdale,
outperforms the existinr 400-' .!! ^xtures so effectively that you may actually reduce
the number of fixi hich , educes your energy spending. The return on this
investment is impruvw; h-;jh / profitability.
The Scottsdale lighting upgrade
works harder and longer ior you—
from cost-efficient one-person
installation to lower maintenance
costs—over the life of tfie facility.
We've separated the lamp and
ballast to lower the operating
temperature of the ballast which
more than doubles the ballast life.
This allows us to offer a full five-year
ballast warronty. Unlike other
canopy fixtures that have acrylic
lenses, the Scottsdale utilizes a
prismatic glass lens that will never
discolor and never need replacing.
Together, these features contribute
to a lower total cost of ownership,
which produces a positive impact on
your bottom line.
i.,. . • '
hi':
2,960 i $1,037
= 12 2x2Fcmm£s
= 8 Scottsdale R etrofits
J;—r- ?
RUN DATE 03/19/97 HENNEPni COUNTY PROPERTY INFORATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI43 5401 ‘
PAGE 4
DATCU 503
38 34-118-23210002
PROP ADDR 02160 WAYZATA BLVD W
OWNER NAME WILLIAM W WEAR & WIFE
TAXPAYER WILLIAM W WEAR
Ni\ME/ADDR 2160 WAYZATA BLVD #306
LONG LAKE MN 55356
38 34-118-23 21 0023
PROP ADDR 02106 SUGARWOOD DR
OWNER NAME RM A EM SCHOMMER
TAXPAYER RM A EM SCHOMMER
NAME/ADDR 2106 SUGARWOOD DR
long LAKE MN 55356
38 34-118-23 21 0032
PROP ADDR 00038 ADDRESS UNASSIGNED
OWNER NAME GREEN VALLEY ASSOCIATES
TAXPAYER GREEN VALLEY ASSOCIATES
NAME/ADDR 407 LAKE ST E #400
WAYZATA MN 55391
PROP ADDR
38 34-118-23 241 0001
02120 WAYZATA BLVD W
OWNER NAME WILLIAM W WEAR ETAL
T/OG*AYER WILLIAM W WEAR
36 HACKBERRY HILL
long LAKE MN 55356
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER TOTAL BATCH
NAME/ADDR
503
38 34-118-23 210021
02102 SUGARWOOD DR
TODD M KIMMES
TODD M KIMMES
9508 VIRGINIA AVE S
BLOOMINGTON MN 55438
38 34-118-23 21 0028
00038 ADDRESS UNASSIGNED
SUGARWOODS HOMEOWNERS ASSOC
SUGARWOODS HOMEOWNERS ASSOC
OO REBERS CONSTRUCTION CO
3525 WEBSTER AVE
MPLSMN 55416
38 34-118-23 22 0015
00038 ADDRESS PENDING
C&LOTTEN
CLIFFORD & LOUISE OTTEN
BOX 249
LONG LAKE MN 55356
38 34-118-23 24 0058
00038 ADDRESS UNASSIGNED
SIDNEY B & BARBARA REBERS
SIDNEY B & BARBARA REBERS
3525 WEBSTER AVE
ST LOUIS PARK MN 55416
38 34-118-23 210022
02102 SUGARWOOD DR
LAKEWOOD DEVELOPMENT INC.
■ LAKEWOOD DEVELOPMENT INC.
2354 WAYZATA BLVD W #D
LONG LAKE MN 55356
38 34-118-23 21 0031
00038 ADDRESS UNASSIGNED
CITY OF ORONO
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 34-118-23 22 0020
00038 ADDRESS UNASSIGED
C&LOTTEN
CLIFFORD & LOUISE OTTEN
BOX 249
LONG LAKE MN 55356
72 34-118-23 24 0048
02073 WAYZATA BLVD W
GREGORY M SHAUGHNESSY
LONG LAKE FORD TRACTOR INC.
2073 W WAYZATA BLVD
LONG LAKE MN 55356
'v y \
/I \ ^ >1
vs
H
TO:
FROM:
DATE:
Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
Kris Jenson, Assistant Zoning Administrator/Planner
July 12,1999
SUBJECT: #2503 - City of Orono - Saga Hill Access
Vacation of Alley-Public Hearing
jT
Application: The City of Orono would like to vacate a dedicated alley in the Bergquist and
Wickland's Addition to Bergquist and Wickland's Park.
Staff Summary: In order to provide better public access to the Saga Hill Preserve, the City of
Orono has proposed to vacate the current dedicated alley, and replace it witl*. a shorter, more direct
access. The public hearing is required to the vacation of the current alley, and not the dedication
of the new alley.
The current platted alley is only 10’ wide and was platted in 1891. The alley was never
developed, since it's only connection to a public road is on the east end. The west end of the alley
terminates within the Fairview Covenant Church property. Ten feet in width is not an adequate
width for public access at this time. If this alley is vacated, the property will be given to the adjacent
land owner. The City will not be taking any portion of the alley.
A new dedicated access will be a much more direct route, platted 30' in width. It will be
located across the Palmer property and the church property. A road will be constructed for access
to the park, however the road materials have not yet been determined. A gravel parking area will
be located at the end of the road, and will accommodate parking for a few vehicles.
The City of Orono, at this time, has not made any decisions regarding possible uses at the
Saga Hill Preserve. Several years ago, concept discussions were held, discussing ballfields,
playgrounds, etc., however, nothing has been planned or decided.
Please Note: The Site Plan included is intended to show the alley and the neighboring
property owners. A new easement is indicated, but the City is not taking new easements at this time.
Staff Recommendation
Staff recommends approval of the vacation of the alley in Bergquist and Wickland ’s Addition to
Bergquist and Wickland's Park.
Exhibits
A Plat Map
B Neighboring Propertj ’ Owners List
C Site Plan
MK
(19)
Q
O
O
AVE
/ 4I9.2 i
1
1
1
1
pVt of lot
1
1
1
1 I ^
<^(I2)I ^ 1u#.
.^T'f
420 2ic\/ 1
l(A "
60 ;
V'
S (2)i
(3)8
(4)§
(5)8
»
(6)8
12* IS'
(y^H ‘7-33-cR3
93
(.21)
o
" 92
^ (21)
373. I
§ <20>
/AC OCC NO 33CA432
||1-^
4-4!
/V4
.. .,v x« .y '' /"
$>Jy V5
A-~J *xV *0^ ^/i
avA^wV
PT OF 69
(M)
«T 4 *
N^'si Vrs^
V'
'' ii
af 2^
\J L 1
v\T5rr
28.2
d ’’ <5
m
v_
RUN DATE 07/Q6/99
BATCH 501
PROP ADDR
OWNER NAME
•TAXPAYER
NAHE/AODR
36 12-117-24 14 0011
01175 CO RD NO 19
SWEDISH EVAN
FAIRVIEW COVENANT CHURCH
1175 COUNTY RO 19
HOUND HN 55364
HENNEPIN COUNTY PROPERTY XNFORHATION SYSTEM
PROPERTY OWNERS LIST
36 12-117-24 14 0012
01155 CO RD NO 19
FAIRVIEW COVENANT CH
FAIRVIEW COVENANT CHURCH
1175 COUNTY RD 19
HOUND HN 55364 .
REPORT NO. PI435401
PAGE 1
36■ 12-117-24 14 0019
01105 CO RD NO 19
F t S ROYLE
FRED C t SHIRLEY J ROYLE
1105 CO RD NO 19
HOUND HN 55364
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
36 12-117-24 41 0001
04801 MINNEAPOLIS AVE
C S THOMAS A E H TRADER
C S THOMAS OEM TRADER
4801 MINNEAPOLIS AVE
MOUND MN 55364
36 12-117-24 41 0002
04815 MINNEAPOLIS AVE
J C « J Z MEEHAN
JEFFREY C A JOAN Z MEEHAN
4815 MINNEAPOLIS AVE
MOUND MN 55364
38 07-117-23 23 0004
01100 NORTH SHORE OR W
BRIAN E PETERSON
BRIAN A MARNIE PETERSON
1100 NORTH SHORE OR W
HOUND MN 55364
• t-.
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
SB 07-117-23 23 0005
01120 NORTH SHORE DR W
JAY ALLEN LEZER
JAY A LEZER
1120 NORTH SHORE DR WEST
MOUND HN 55364
38 07-117-23 23 0006
01130 NORTH SHORE OR W
HALTER HOLZER ET AL
HALTER HOLZER
1130 NORTH SHORE DR W
MOUND HN 55364
38 07-117-23 23 0007
00038 ADDRESS UNASSICNED
FAIRVIEW COVENANT CH
FAIRVIEW COVENANT CHURCH
1175 COlffiTY RD 19
MOUND MN 55364
PROP ADDR
OWNER NAME
TAXPAYER •
NAHE/ADDR
r ■
•••
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
SB 07-117-23 23 0010
00038 ADDRESS UNASSIGNED
STEVEN F VALEK
STEVEN VALEK
4720 TONKA VIEW LA
MOUND MN 55364
38 07-117-23 23 0013
04760 TONKAVIEH LA
FAIRVIEW COVENANT CHURCH
FAIRVIEW COVENANT CHURCH
1175 CO RD 19
MOUND MN 55364
38 07-117-23 23 0011 .
00038 ADDRESS UNASSIGNED
HAROLD G CANT
RALPH HINTON PALMER
4750 TONKAVIEH LA
HOUND rai 55364
38 07-117-23 23 0019
00038 ADDRESS UNASSIGNED
CITY OF ORONO
CITY OF ORONO
P 0 BOX 66
CRYSTAL HN 55323
38 07-117-23 23 0012
04750 TONKAVIEH LA
HAROLD 8 CANT
RALPH HINTON PALMER
4750 TONKAVIEH
HOUND MN 55364
38 07-117-23 23 0020
00038 ADDRESS UNASSICNED
CITY OF ORONO
CITY OF ORONO
P 0 BOX 66
CRYSTAL DAY HN 55323
«PRbP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
38 07-117-23 23 0027
04765 TONKAVIEH LA
D A 8 P E AFFELDT
DWIGHT I PATRICIA AFFELDT
4765 TONKAVIEH LA
MOUND MN 55364
38 07-117-23 23 0029
00038 ADDRESS PENDING
HENNEPIN FORFEITED LAND
CITY OF ORONO
2750 KELLEY PKHY
P 0 BOX 66
CRYSTAL BAY HN 55323
38 07-117-23 32 0003
04725 TONKAVIEH LA
E 8 T CHRISTIANSON
EARL 8 TERRY CHRISTIANSON
4641 TONKA VIEW LANE
MOUND m 55364
u
RUN DATE 07/08/99 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH
PROPERTY OWNERS LIST
BATCH 501
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
38 07-117-23 32 0004
04735 TONKAVIEW LA
STUART V WHITNAN
STUART V WHITNAN
4735 TONKAVIEW LA
HOUND HN .55364
K PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER ’
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
r.
L.
38 07-117-23 32 0011
04757 TONKAVIEW LA
T 6 OLSON 8 L H WALLACE
T 0 OLSON 8 L H WALLACE
4757 TONKAVIEW LA
HOUtO) HN 55364
38 .07-117-23 32 0014
04739 TONKAVIEW LA
LARRY ARNOLD 6REENHA6EN ET AL
L 6REENHA6EN 8 V GREENHA6EN
4739 TONKAVIEW LANE
HOUND ra< 55364
SO 07-117-23 32 0047
04690 TONKAVIEW LA
WAS BULL
WILLIAH A BULL
4690 TONKAVIEW LA
HOUND HN 55364
38 07-117-23 32 0009
04736 NORTH SHORE DR
CHRISTINE J SCHANZENBACH
CHRISTINE J SCHANZENBACH
4736 NORTH SHORE DR
HOUND HN 55364
38 07-117-r.l 32 0012
04784 NORTH SHORE DR
S A SCHAUER 8 F E KOUBSKY
S A SCHAUER 8 F E KOUBSKY
4784 NORTH SHORE DR
HOUND HN 55364
38 07-117-23 32 0020
04655 TONKAVIEW LA
DENNIS A HEYER
DENNIS A HEYER
4680 NORTH SHORE DR
HOUND HN 55364
38 07-117-23 32 0057
04755 TONKAVIEW LA
R L BROWN 8 K H JENAL
ROBERT BROWN/KATHERINE JENAL
4755 TONKAVIEW LA
HOUND HN 55364
REPORT NO. PI435401
PAGE 2
38 07-117-23 32 0010
04750 NORTH SHORE DR
JAHES R THOHSON ETAL
JANES THOHSON
4750 NORTH SHORE DR
HOUND HN 55364
38 07-117-23 32 0013
04798 NORTH SHORE DR
T 0 KOOPHAN OJA HURPHY
J A HURPHY 8 T D KOOPHAN
4798 NORTH SHORE DR
HOUND HN 55364
38 07-117-23 32 0029
00038 ADDRESS UNASSIGNEO
DENNIS A HEYER
DENNIS A HEYER
4680 NORTH SHORE DR
HOUND HN 55364
38 07 117 23 23 0030
4720 TONKAVIEW LA
STEVEN F & JOAN VALEK
STEVEN F & JOAN VALEK
4720 TONKAVIEW LA
MOUND MN 55364
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORHATION AS IT APPEARS THIS DAT” ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF.* I
DATE
ro
ll4
%
Ul
lo«o
5
7;.
>oom
CO
CO
§o
oos
t4
CD
0s
•S5
X
F
1
smri—i %
2
2m
t/)
Os
2]
oc
m
•• i
ip
TO:Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM:Kris Jenson, Assistant Zoning Administrator/Planner
DATE: . July?, 1999
SUBJECT: #2504 - Warren & Tana Garrett, 650 Brown Road North
Variance Request
Zoning District: LR -1A
Application:The applicant proposes to install a 3 rail, split-rail fence, 5' in height, along
the south property line to the lakeshore as well as a home addition, a deck
addition and an inground swimming pool with decking around the pool, all
located between the house and the lake.
t .r
STAFF SUMMARY
First, the applicants are planning an addition to the Northeast comer of the home. The
addition is 12' x 20’ and will line up with the existing North wall of the home and the existing East
side of the deck.
Second, the applicants are proposing a deck addition and inground swunming pool. The total
surface area of the additions, along with the existing hardcover in the 250'-500' will not exceed 30%.
The proposed deck addition will be added to the southeast comer of the existing deck, with the
inground pool located approximately 30' east of the existing deck. The variance required for these
items is the average lakeshore setback. Since the applicant ’s home is located closer to the lake than
either of its neighbors, the average lakeshore setback is their existing home, or approximately 385'.
Along the north and south property lines are mature stands of trees that buffer the vie\v to either
property owners to the north and south. Staff feels that the proposed location is the most logical,
and it will not block or interfere with the view of either nei^bor towards the lake.
Finally, the applicants are proposing a 3-rail, split rail fence, no more than 5' in height, to run
along the south property line, from the driveway to the lakeshore, approximately 790’ in length. The
applicants want a fence due to the fact that the neighboring lakeshore owner to the south is a Long
Lake City Park, and the applicant's have had people trespass on their property and dock. The
applicant's feel that the proposed fence will be high enough to deter trespassers, but will not block
the view of the townhome owners. The President of the West Shore Townhome Association ha"
written a letter to the City protesting any fence being erected on the applicant ’s property. A copy
of the letter is included in the exhibits.
12504 Warrtn &. Tana Garrett
650 Broken Road North
July 7.1999
Page I
J •
In order to place a fence along the South property line, variances from several codes would
be required. The Shoreland Overlay District does not allow any unsewered structures within 100'
of the OHWL. Other variances include height, as in side yards no fence over 42" may be located
closer to the shoreline than the average distance from the shoreline of existing residences on
adjacent lots.
Staff is also unsure as to the need for a fence for the entire proposed area, as a significant
portion of the fence will run along the wooded area on the south property line. The only place the
proposed fence could be placed without a variance is in the side and rear yard.
Variances from the following ordinances:
1. Section 10.22, Regulations for "LR-IA"..., Subd. 1, Lakeshore Set Back Regulations, (B)
No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the
lakeshore than the average distance from the shoreline of existing residence buildings on adjacent
lots except that this does not apply to structure allowed in subsection A above.
2. Section 10.03, General Provisions, Subd. 15, Non-Encroachments, (D) Side Yards
In side yards, no fence or over 42 inches in height above original grade may be located closer to the
shoreline than the average distance from the shoreline of existing residence buildings on adjacent
lots, such fences shall not be constructed within 75 feet of the shoreline, (pg 256)
3. Section 10.56, Shoreland Management, Subd. 16, Shoreland Overlay District Standards, (C)
Placement of Structures on Lots, (1) Setbacks from OHWL, (5) Fences, Docks, Retaining Walls, and
(6) Average Lakeshore Setback. Number (1) states; Structure setbacks from the Ordinary High
Water Level: Long Lake is classified as a Recreational Development Lake, which has a 100' setback
for unsewered structures. Number (5) states: No fence shall be placed within the shore setback
zone. Number 6 states: No principal or accessory structure shall be located closer to the lakeshore
than the average distance from the shoreline of existing residence buildings on adjacent lots....
The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions
of the residence buildings on the immediately adjacent lakeshore lots, (pgs 376-11 & 376-12)
ANALYSIS
District Standards
Lot Area Lot Width Street Yard Side Yard Lakeside Yard
2 acres 100'50'30'75'
U2504 fVarren d Tana Garrett
650 Brown Road North
July 7.1999
Page 2
Subject Property Lot Area and Yards
Lot Area Lot Width Street Yard Side Yard Lakeside Yard
2+ acres 170' at lake,
150' at house
355' to garage 30', 60'450'
Hardcover
Distance from
Shoreline
Total Area in
Setback
Existing
Hardcover
Allowed
Hardcover
Proposed
Hardcover
Variance
Requested
75’-250’37,500 sq. ft.11.8%30%21.9%
STATEMENT OF HARDSHIP
The applicant has provided a statement of hardship on the application form (see Exhibit Al).
Issues
1. Applicant's are in a somewhat unique situation in that the lakeshore neighbor is a public park.
STAFF RECOMMENDATION
► Staff recommends approval of the variance for Average Lakeshore Setback for the
purposes of putting an addition on the house, an addition on the deck, and to construct an
inground swimming pool with a deck surround.
► Staff reconunends denial of the variance of height, average lakeshore setback, and
encroachments in side yards, for the purpose of placing a 5' high fence along the South
property line to the lakeshore.
Attachments:
A
Al
A2
A3
B
C
D
E
F
G
Application
Applicant's Statement of Hardship
Sketch of Proposed Additions by Applicant
Photos of Area Submitted by Applicant (actual photos will be available at the meeting)
Plat Map
Survey Map with Proposed Additions
Hardcover
Survey of Lot showing Wetlands
Neighboring Property Owners List
West Shore Townhome Association Letter
1^2504 Warren Sl Tana Gar red
650 Brown Road North
jiify 1. im
Page}
/.
k.
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^al appUcation)
Variance for non-conforming structures $250.0
After-the-Fact Fees (Double appUcation fee)
Applipfltinn# '• -----
Date Received
Amount Paid _
NFUKJYIA
Attach legal description to application if no^ me u e on requ (month/year)
Date Property Acquired___--------------------------------------------------------
I ^ (do not) also own the adjacent parcels of Imd.
P^ntuse of proper^ :^residential _other (speedy).
Zoning District: ^ K_—-------------------------------------
APPLICAOT
OWNER (if different Aan appUcant)
Name _______--------------------
Address:.City:.
Phone (homeX
Phone (work).
description of request
Describe request in detail: <^.0.
istimated Construction Cost $.
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width
Ix)t Coverage
Setback:Front Side
Hardcover. __
Rear Average Lakeshore
V Other (specify)
HAKDSHEP/DESCRIP'npN OF preventing
Describe undue hardship or practical difficulty
compUance with Zoning Code requirements.-----<r-
(attach additional sheets if necessary)
■ ■ O £■*'#251 r__
k‘:
tii-Kaa,
# •
REQUIRED SUBMITTALS
All of the following information must be submitted bv the application deadline, date in
order for vour application to be considered completet
1.
2.
i/
17
/
Completed Application Form . .
Certified Property Owners List of owfiers ■within 150', labels 'and plat map (you
must obtain this list, labels and map firom Hennepin County Department of
Finance, A-603, Govt Center, 348-3271).
3 Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 814" x 11" for
reproduction.
4 /y^ Topographic survey (existing and proposed elevations) if any changes hi existing
grade are proposed. In addition, provide one (1) copy 814" x 11" for reproduction.
5^ Sketches or plans of floor & elevation ■views provide one (1) copy 814" x 11").
6. List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(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 tins application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that jrfiuE
variance application is hot complete if the abo ve 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 certifies that the
information supplieds^ true and coimct to the best of his/l^r knowledge.
7.
8.
Applicant's Signatun
OWNER’S SIGNATURE
The owner hereby acknowledges and agrees to this application and fo^er authorizes reasonable
entry onto the property by City Staff, consultants, agents, Commission members, and Council
members for pui^iose^ of investiMtion and verification of^s requ^.
Ov/ner's Signatu]
Applicant must have all submittals into the City Oi iccs 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
Commission 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 tc the meeting.
June 22,1999
City of Orono
Attn: Planning Commission and
City Council Members
P. O. Box 66
Crystal Bay, MN 55323-0066
Re: Request for Variance
We are submitting a request for variance for average lakeshore set back for a fence
and for the following proposed plans to our house and property at 650 N. Brown Rd.:
1. 18’ X 36’ Inground Swimming Pool - Vinyl lined
Location will be east side of house(lakeside) &
30-35 ft from house. •
2. 400 sq. ft. addition to existing deck on east and southeast
corner of house. Footage is split up into 2 levels.
3. Addition to house structure main and walkout level, NE corner
- Total sq. ft. 480
4. Split rail fencing not to exceed 5 ’ in ht. extending east along south property
line from our driveway to lakeshore. We believe this is the most aestheticly
looking fence.
See enclosed drawing and survey for further detail on all of the above proposed plans,
Description of hardship:
a. Our property is located on the west end of Long Lake and all improvements
we would like to make are located between niain dewelling and Long Lake.
b. Lakeshore property owner on northside- (690 N. Brown)
- home was built after ours and setback further from lake than ours
c. Lakeshore property owner on southside is Long Lake City Park
- Westshore Townhomes are not lakeshore property owners, therefore, we
believe not be applicable to the avg lakeshore setback variance.
Note: Next possible affected lakeshore property is east of Long Lake City Park,
d)
A,
d. With our property ajoined to the City of Long Lake’s park at the shoreline, we
have had park patrons trespass on our property and dock. Therefore, we are
requesting that we be allowed to erect a split rail fence extending all the way to
the shoreline. A 3 rail, split rail, fence is needed to help keep would be
trespassers from stradling over a shorter 2-rail fence.
Pictures have been enclosed to help illustrate views from and around our property
which depicts heavy vegetation between us and our neighbors to the north and south
Also, proposed structures would not inpede on our neighbors’ views of the lake.
We hope this information is sufficient for your review and meets the criteria for
approval.
Sincerely,
Warren and Tana Garrett
650 N. Brown Rd.
Orono, MN 55356
612-476-0219
#oir p'3
0
I
• • ••
•• •• Mk •
• • •
^ mm •*
• • • •
• . • •♦
• • •!• • •• • ♦
"7^/j
0(’()pOie<i 2r«j/ai^
n—
t
4^
^’f'riiT'/ij Oeck
• • • ••
• ••
(}.
9 -
•*• •
• •
• • • •
• •
#OKff ^ ^
.O- /I?J y / R
y. ly ^J£-,
••"5'j>><;x.
-<-s .*
w* V . I . -./ 4.:
•''VX -f
V \<^* .- '<
.•’i* .* V
. • V
d h^f li(fAoy V^^Hil'im
huoinho'/fl/^A f t/5.
Mi
#IS
‘‘fvMM;PMi
mim
< i * K ^ • ^•X
.vk-ikiC'lv/.v rv.
rtvj^r^
tfPm hmm
p
r *»
!t-.
L-
I
'T*-'VW 4
:>T? CV:'j’.' .'i^ -^^"‘'*''\*J'
isiii
Mmm
Vi3''‘f^r>>'i^):‘if',
" . x '^ . • • '•• ' • 'W.; ;-n •./ . .
•• - *-Vt •“ •' > • •...,- V
wmm
Vj>-^^'J
/ . .^ -;
• /
■f^o/y\
■
bhor^l'^^C ~ -ohOM/TC
mmmnw^6 a4 > * •PM? =2<
:•m^r if' 'i. Mi
'%•• •*2ir» •'••• '"■^ .*-v>« -
• •t*^ .« ••• • • •• •
~ ,f lih£
#ffeS.
I /f/zl/w/ ^
'' {/e^miiOn otTCoea/^
•■ dh~Br()ui>n fxd }td}y^
hm
^ bi
♦ ■ »V^ u^i. T\ 'a,fii M ^x\ ■«Vi« : ^x;. - >:« v-tr.
7» Viiii:jVV?
mm:wm t M
ivu«m
\iw^h h<^i"j ^'■‘^'^ G^d
--\W4
■'•■JLH#'^
- .<v-Kv<r.
\/vifvK'^
.;• Y.*l.W
■mm
•'• ’?.•; ?;'•• y.-';. ’4 ' .
'■■■■■ I
I-. :v;-f ^ v:'." ymt ■>- •/. • •. 1^ svs?
n III y I liii tlltlfitr
» -. >
.r ’ T
tT> ■ - r ^la* 1. *_
---f
, . ■• I ^T ‘
. v.« .
/k-7r
fjk ^th frf-^ ■tcwAr:o>r.e -/o
<y ! /
tivr .5^0//'!
'—’•■» —--r/
r , _ • - . . .
. . y%' • ’ 3 * / •• • .’!*•• . •■ • V
i • >. '?*• "7 ' ■ • ■• * ■• • A • ■
■ ■•:-‘r -/TV.. Z; '• • .’.
C:i^oo4 '
SIJ&'-J -rowrhoyy^s
^%i0 H
Oor~^h f^C^‘
fo Ou/'
*h-7’
\^K \/
J
K'
SN
ui
C»‘
vO»
JO
‘m
VaI
D -s? 5- . .
9v i
S X
r* »% I
“•i
I •• ••
Cd
. 49k •
•*
S •: 30
S’ ffl
^ \ • mJL ^S 5
Mk 1
0i
r 1 ,S
iNd 9
0
'iij
•• • • •
MIN DATE 06/21/99
BATCH 502
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/AODR
SO 34>118-23 12 OOOA
00650 BROWN RD N
TANA R SEIBOLD
TANA R GARRETT
650 BROWN RD N
LONG LAKE MN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
SO 36-110-23 21 0020
OOOSO ADDRESS UNASSXCNED
SUGAR HOODS HOMEOWNERS ASSOC
SUGAR WOODS HOMEOWNERS ASSOC
C/0 REBERS CONSTRUCTION CO
S525 WEBSTER AVE
HPLS MN 55616
REPORT NO. P1635601
PAGE 5
SO 36-110-23 26 0050
00030 ADDRESS UNASSIGNED
SIDNEY B 0 BARBARA REBERS
SIDNEY B 0 BARBARA REBERS
3525 WEBSTER AVE
ST LOUIS PARK HN 55616
• •
L
I .
!■
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/AODR
PROP ADDR
OWNER Name
TAXPAYER
NAHE/ADDR
’ PROP ADDR
OWNER NAME
• TAXPAYER
NAHE/AODR
72 S6-118-23 13 0002
00570 BROWN RD N
JEROME A 0 PATRICIA BORGERT
JEROME A 0 PATRICIA BORGERT
570 BROWN RD N
LONO LAKE MN 55356
72 36-110-23 13 0076
00576 BROWN RD N
H V 0 J A THURK
RHONDA E WILSON
183 MEADOW LN
LONG LAKE MN 55356
72 36-118-23 13 0079
00576 BROWN RD N
INEZ L GANTZ
INEZ L GANTZ
576 BROWN RD N RB
LONG LAKE IM 55356
B
72 36-118-23 13 0066
00072 ADDRESS UNASSXCNED
CITY OF LONG LAKE
cm OF LONG LAKE
PO BOX L - 1966 PARK AVE
LONG LAKE HN '55356
72 36-118-23 13 0077
00576 BROWN RD N
H V 0 J A THURK
RHONDA E WILSON
183 MEADOW LN
LONG LAKE HN 55356
72 36-118-23 13 .0080
00576 BROWN RD N
CHANNING STOWELL III
CHANNINO STOWELL XXX
576 BROWN RD N RC
LONG LAKE MN 55356
72 36-118-23 13 0071
01966 WAYZATA BLVD H
STATE BANK OF LONO LAKE
STATE BANK OF LONG LAKE
1966 WAYZATA BLVD W
LONG LAKE MN 55356
72 36-118-23 13 0078
00576 BROWN RD N
INEZ L GANTZ
INEZ L GANTZ
576 DROWN RD N RB
LONG LAKE MN 55356
72 36-118-23 13 0081
00576 BROWN RD N
CHANNINO STOWELL III
CHANNINO STOWELL III
576 BROWN RD N RC
LONO LAKE MN 55356
D
.
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/AODR
72 36-118-23 13 0082
00576 BROWN RD N
e H KNOX 8 J A KNOX
GERALD N 8 JANET A KNOX
576 BROWN RD N RD
LONG LAKE MN 55356
72 36-118-23 13 0083
00576 BROWN RD N
G H KNOX 8 J A KNOX
GERALD H 8 JANET A KNOX
576 BROWN RD N RD
LONG LAKE HN 55356
72 36-118-23 13 0086
00576 BROWN RO N
TERESA FORREST
TERESA LAMB
576 BROWN RO N RA
LONO LAKE HN 55356
, PROP ADDR
I OWNER NAME
TAXPAYER
NAHE/ADDR
72 36-118-23 IS 0085
00576 BROWN RD N
TERESA FORREST
TERESA LAM8
576 BROWN RD N RA
LONG LAKE MN 55356
72 36-118-23 13 0100
00172 •ADDRESS UNASSXCNED
WEST SHORE TONNHmES ASSN
C E VA»< EECKHOUT
120 SOUTH BROWN RO
LONG LAKE IM 55356
38 34 118 23 12 0007
ADDRESS UNASSIGNED
MJ & JG CALIHAN
JENNIFER & MARTIN CALIHAN
690 BROWN RD N
LONG LAKE MN 55356
• •
f . '
City of Orono
PO Box 66
Crystal Bay, MN 55320
jij;i 1 6 1399
CiiY Or 0n0l>;0
Attention: Paul Weinberger
Assistant Zoning Administrator
Subject: Protest of Proposed Fence by Wanen and Tana Garrett
Dear Mr. Weinberger:
Mr. Garrett has informed us that he intends to add a fence between our adjoining properties extending to
the shoreline of Long Lake. The West Shore Townhome Association considers this proposed fence both
unnecessary and degrading to our property. Therefore, on behalf of the West Shore Townhome
Association, we hereby protest any issuance or approval of a permit or request for variance to Warren and
Tana Garre“t, 650 North Brown Road, Orono, MN for such a fence. Should you require any further
infonii.’tion, please contact the undersigned on 612-473-5551.
Your consideration of this matter would be appreciated.
Sincerely Yours,
Michael Lamb
President
West Shore Townhome Association
CC: Warren and Tana Garrett
7
To:Chair Hawn and Orono Planning Commissioners
Ron Moorse, City Administrator
From:
Date:
Re:
Paul Weinberger, Zoning Administrator/Planner
July 14,1999
#2474 C. Steven and Susan Wilson
325 South Brown Road and 2150 Abingdon Way
Vacation of Drainage and Utility Easement-Public Hearing
Exhibits A Property Survey
B Resolution No. 4313 approving lot line rearrangement
C Subdivision Staff Reports
Summary of Request
The Planning Commission and City Council recently approved a Subdivision of a Lot Line
Rearrangement for C. Steven and Susan Wilson for properties located at 325 South Brown Road
and 2150 Abingdon Way. The applicants own both properties involved. They reside at the 325
South Brown Road property, the Abingdon Way lot is vacant.
Subdivision Code requires applicants dedicate drainage and utility easements along all newly
created property lines. Easements have been granted by the applicants along the new property line.
However underlying drainage and utility easement along the old property line was not vacated at the
time the subdivision was approved. The new property line will provide for any future utilities
required. The existing drainage and utility easement shodd be vacated. Typically the old easements
are vacated as part of the subdivision.
Staffs recommends approval of the request to vacate the 10* wide drainage and utility easement
along the previously existing property line between 325 South Brown Road and 2150 Abingdon Way
based on the fact the easement is no longer necessary as a new drainage and utility easement has
been granted along the new property line.
r
luce
TBAH- I K jV I L-Lia-C/aLC ui c>urvey
r7/L_i'
K.r— r-i//i^.^a^srsp, .J
L.®
!•' r- iif
i5«:
K1*l^i-
iO<
’••• ' ■ ■- A —
f:?; / ^
: \V ■ ■ .. ■* y 1,1 /
.. t W VVtetfM A ** i> j ------------— „ \
AC
i ‘
I
€^Sew\ju/v"\
funr»ars inoir
IW ^ «*J| «M MTf a«f titw*»4
f*on»rt onovauv or 4
^ i«r •/ {•! 4 ». iixmjr af*t rnmmt ^ m m •»
4 ^ •# •»• •/ i-mm m tm C^Hn «k«« Am M«i a# ia« am#
md^aa Aam# — —■*#dO0 *Mt (Aatm/
M^»rr or #AAm a
Apan^ «a mm mmmmmt Citmfm a#
pr^p^rV
—waa M0O0 i»«« 0f «M« fomtm iA«# a/ am Sm<
®kUai JI IamaA# 11/ 4ai»»a iJ w>awaaw Ct^m mrnm___
am
AA«r 1009 ipa# 0t i0» X ^A I. s§mtetxi ntm ia im fmt imaa* •«' ma »
^atA •• (*••/%» A« IM A«A»*Ar A# Maa Ai am «jr M«npw CamAji «Amam«A
B
4ma • riJl aataa H% AiMdr 0*^ Aif M» MiOA'^ *4ri»i <
rntmmtma ptmpmfy.
Immmmmtdimtkm'
r?• •
5^5 —Su&An iJiL
KOOO
•rnfmm* AA •>#
arroouNCM.o^
3 ^ I r-----
^ /kw LW
. 1 AiA aA #•# I f I/A ^
' - AA I/A #A 1 / 11/
A .•! aa.opaa t JJl JJ
Ot^%iA>J Br
Suryy at Lot 5» Block f,
AmNCOON CLCN. ond port of
thm Sr 1^4 of tho N. \t 1/4
• ,»m «B ••
Susan Wilson
MiaOt €9tUf llvjl tn>« ttf^vAr.
ploA. AA mrna piapmaO by am
M M«0CA A«A ^A«t »W»AAVI««AM And
l»Mt i AAt • OMy 0AA»<«iAd IaM
V«AMr«r »A»def l^A lA«> A* <*'f
S'Al# •* IAmmaoIa
►a^paa-J
t/2*/f9 OmA.
. I * ***^ OivltiM
A / I If 1 M. M313
• «
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 8 1^
A RESOLUTION APPROVING A
SUBDIVISiON OF A LOT LINE REARRANGEMENT
FOR PROPERTIES LOCATED AT
325 BROWN ROAD SOUTH AND 2150 ABINGDON WAY
FILE NO. 2474
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesotaj and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") 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 Class I subdivision
of a lot line rearrangement by C. Steven Wilson and Susan D. Wilson (hereinafter "the applicants")
involving properties legally described as follows:
Lot 5, Block 1, Abingdon Glen, Hennepin County, Minnesota
and
The south 900.00 feet of the east 700.00 feet of the Southeast Quarter of the
Northwest Quarter of Section 3, Township 117, Range 23, Hennepin County,
Minnesota;
(hereinafter "the property"); and
WHEREAS, the applicants have completed all requirements of the City for a Class
I subdivision of a lot line rearrangement for division and combination purposes, in order to separate
the easterly 60 feet of Lot 5, Block 1, Abingdon Glen from said Lot 5 for combination with the
aforesaid south 900.00 feet of the east 700.00 feet of the Southeast Quarter of the Northwest Quarter
of Sections; and
Page 1 of 3
CITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO.48 18
'WHEREAS, the City Council finds that the proposed division will result in lots
which remain conforming to the lot standards of the RR-IB Rural Residential Zoning District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
OrOT’ nereby approves the Class I subdivision of a lot line rearrangement for the applicants as
shown on the Certificate of Survey by Edward J. Otto of Otto Associates Engineers and Land
Surveyors, Inc. dated March 2, 1999 and attached to this resolution, subject to the following
conditions:
1.Upon the approval of this division by the City Council, the applicants shall legally
combine the east 60 feet of Lot 5, Block 1, Abingdon Glen with the south 900.00 feet
of the cast 700.00 feet of the Southeast Quarter of the Northwest Quarter of Section
3, Township 117, Range 23.
2.The applicants shall grant to the City a 10' drainage and utility casement along the
west side of the new dividing line within Lot 5, Block 1, Abingdon Glen, such
easement to be executed prior to release of this subdivision for filing by the City
Attorney.
3.Applicants shall provide confirmation of legal ownership of the property via title
opinion or other form satisfactory to the City Attorney before the subdivision of a lot
line rearrangement will be released for filing.
4.The aforesaid division shown on the attached Certificate of Survey shall be filed by
the City of Orono with either the Hennepin County Recorder’s Office or Registrar of
Titles Office on or before December 28,1999 together with a certified original copy
of this resolution.
5.The approval granted by this resolution shall expire if the division 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.
Page 2 of3
• *1
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ..
OF THE Cl
» 8 1;%
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor \
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of June, 1999 by
Gabriel Jabbour and Linda S. Vee. Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary
m MARY ANN JOHNSON
NOIARYdaKHyONNESOIA fi
MyConnL^Eieiits<bn.31.2000 I
Page 3 of 3
i;
• I
i I
i:
REQUEST FOR COUNCIL ACTION
Date: June 24,1999
Item No.:
%
Department Approval:
Name: Michael P. Ga^on f/^
Title: Senior Planning Coordinator
Iy Adminbtrator Approval:Agenda Section:
Zoning
Item Description: #2474 - C. Steven & Susan Wilson, 325 Brown Rd. S./2150 Abingdon Way
Subdivision of a Lot Line Rearrangement - Resolution
List of Exhibits
A - Resolution
B - Certificate of Survey
C - Planning Commission Minutes 4-19-99
D - Standard Drainage & Utility Easement
E - Staff Memo and Exhibits Of 4-9-99
Applicants own both properties involved in this lot line rearrangement. The Abingdon Way lot is
the last vacant lot in Abingdon Glen, and is about 5 acres, half of which is wetland protected imder
an existing Flowage and Conservation Easement. Applicants' residence is on Brown Road South.
The two parcels are separated by Long Lake Creek. Applicants' goal is to gain access to the Luce
Line from their residence lot by creating a corridor from the easterly 60' of the Abingdon Way lot;
a second goal is to protect a row of trees along the east line of the Abingdon Way lot
The critical conditions identified by staff and Planning Commission as necessary for approval
include:
1. Confirmation that the Abingdon Way lot ends up with at least 2.0 acres of contiguous
dry buildable land per the RR-IB Zoning District standards.
2. Confirmation that the Abingdon Way lot will retain its two tested drainfield sites
meeting the required setbacks from the new lot line.
3. Conllrniation tliat the Abingdon Way lot will still have a viable building site.
4. Creation of a new drainage and utility easement along the new lot line.
Planning Commission Recommendation
On April 19 Planning Commision voted 6-0 to recommend approval subject to the 4 above
conditions, finding no variances would be required and each lot would be conforming after the
proposed lot line rearrangement is completed.
Staff Recommendation
Applicants' surveyor has confirmed that the Abingdon Way lot will meet the 2.0 acre minimum dry
)99
iWay-
ly lot is
d under
1 South,
le Luce
Way lot;
pproval
itiguous
eld sites
4 above
after the
numdry
#2474 - Wilson
June 24,1999
Page 2
buildable standard, with the new lot line being 60.00 feet west of the existing lot line. A review of
the original septic testing information provided when Abingdon Glen was platted, indicates the
septic sites will still meet the required 20' lot line setback. The potential buildable envelope for this
lot will be slightly smaller than before the lot line rearrangement, but will still provide for two
potential house sites.
Staff recommends approval of the lot line rearrangement subject to applicants granting the required
10' drainage and utility easement adjacent to the new lot line. The old 10' easement will remain in
place (no vacation was requested).
COUNCIL ACTION REQUESTED
Adopt or amend the attached resolution granting final approval for a subdivision of a lot line
rearrangement for C. Steven and Susan Wilson at 325 Brown Road South/2150 Abingdon Way.
an3O<1MO. o oo3w3n
•II3
. n
9
o
o
O).
to
CDI
*
II
i Sa. k
to Hs
a
3
O
aft
3
O
^ ft
ft It
aft
3
O
•t
M
•n
ft O
30 ••♦ •••
n . o
off ?
O
3
O
3
3.
3%o
TJ
Z6*
O ft
ft
M
3T
O
r*it
AO
I
C
3
ftn
O'
C
3
L4
i o to
3-..
s'
:3
L 5 o ct)
. 2 K% .*'tl *>'a Ki •"'O
o
■o
?
•*
f). .
5»os
• 1?k ^
4
i
y
5»
COc
0)
Q)
3
:d
3
CD
H-
K*cn
O
3
:' pi;
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 19,1999
(il^247f^eorge Stickney, continued)
Stickney cemented that it was their goai wit)' this subdivision to preserve th^atural features of the
property as as po'ssibie, noting that they will require a covenant that arw trees removed as
part of the development wili need to be replaced. • •
Hawn inquired wheb\er there were any public comments regarding this^plication.
Pat Dougherty, Old Cry^al Bay Road, stated he has no particular ^culties with this proposed
subdivision, but expresses concern over the amount of land d^Ioped to the north and the
increased water runoff problems they have been experiencing ^ce that time. Dougherty requested
that that Issue be addressedX
Stickney commented that he woul^ be willing to review thydralnage to see If steps could be taken
to correct the problem.
Weinberger stated City Staff would iikVlo see more>^ater runoff to the drainage pond.
Stickney remarked that there will not be a
effect with this subdivision.
irse housed on Lot 2 due to a covenant that will be In
Lindquist commented that the Applicant sh^Id be aware that City Staff Is recommending a ten foot
easement in adrjition to the park dedicatl^ fee fo^is subdivision.
Hawn noted that the City is not in pos^ssion of the sli^ic reports for this subdivision.
Stickney stated that the septic insg^or has been o«t to 0\e property and has not found any major
issues Involving the septic. Stickney remarked that it was n^s understanding that the reports had
been submitted to the City and^as not sure why the City does not have them at this time.
Hawn inquired how frequent]/variarices are given to lots that d^ot meet the 200 foot setback at
the street.
Weinberger stated that^dances to street width are typically granteo^n a cul-de-sac due to the
fact that if the lots we^required to meet the 200 foot street width, tha\he lots would not function
well with the other 1^ end would have an unusual configuration.
Stoddard Inquire^hether this was a subdivision or preliminary plat appro^I.
Stickney statea it was a preliminary plat application.
Stoddard inoved, Lindquist seconded, to recommend approval of Applicatio(i #2477,
250 and ^0 Old Crystal Bay Road South, Class III Preliminary Plat Subdivlsl*
to permit variances to the 200 foot street width for Lots 3,4, and 6, subject to f)^
conditions outlined In the April 19,1999 Planner's Report and the April 5,1999 C]^y
Engineer's report, and further subject to the incorporation of any recommendations by
the^NR and Hennepin County regarding the drainage into the final plat application.
V^TE: Ayes 6, Nays 0.
e. #2474 SUSAN WILSON, 325 BROWN ROAD SOUTH/2510 ABINGDON WAY, LOT LINE
REARRANGEMENT
Page 6
\
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 19,1999
(#2474 Susan Wilson, continued)
The Certificate of Mailing and Affidavit of Publication were noted,
Steven and Susan Wilson, Applicants, were present..
Weinberger stated the Applicants are requesting a lot line rearrangement to change the lot line
60 feet to the wrest to have the trees located along the east property line on the 325 South Browm
Road property, which would allow that lot to have platted access to the Luce Line Trail. The
property located at 2150 Abingdon Way will conUnue to have two suitable septic sites that can
meet the 20 foot setback requirement from the east property line. The rearranged lot line wrill
not make either lot non-conforming for lot area or setbacks or change the existing building pads.
City Stsff rccommsnds spprovdl of this sppllcdtlon subjoct to tho property owner providino q new
10 foot drainage easement along the new east property line for 2150 Abingdon Way as well as
the other conditions outlined In the April 19,1999 Planner's Report.
• • •
Mrs. Wilson commented that the land might be sold and they wanted to Insure that the trees In
that area will not be cut down.
Smith noted that this was an unusual situation, but questioned whether the City would be running
the risk of having other property owmers construct alleys to other desirable locations.
Weinberger stated the City has seen proposals similar to this requesting walkwrays down to
Lake Minnetonka, but this Is the first application requesting a walkway to the Luce Line. Weinberger
remarked that another alternative to preserving the trees would be to grant a conservation easement,
but noted this lot line rearrangement Is really not creating a flag lot* • •
There were no public comments.
Lindquist commented he does not have a problem with this application.
Schroeder inquired whether any variances were necessary with this application.
Weinberger stated it was simply a lot line rearrangement and would not require any variances.
Lindquist moved, Berg seconded, to recommend approval of Application #2474,325 Brown
Road South/2510 Abingdon Way, Lot Lino Rearrangement, with the understanding that a
new 10 foot drainage easement along the new east property line for 2150 Abingdon Way
will be required. VOTE; Ayes 6, Nays 0.
Mr. Wilson inquired whether they would be able to be put on the May 10th City Council agenda.
Weinberger stated they would need to submit the exisUng and proposed legal descripUons, along
with the new easements shown on the survey, by the end of next week Wednesday.
Mr. Wilson requested that this Item be set on the May 24th City Council agenda,
—----------------
7. #2479 Peter Andrea Contpqny, 655 Stubbs Bay R^dfCtws III Subdivision,
7:41 p.m.-8:19 p.m.
The Certificate of Mailing and Affi
Mark Gronberg, ArchUeefTwas present.
• ;
Am
PRAmAGE AND UTILITIES EASEMENT
THIS INDENTURE, made this day of , 19_, by and
between
hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal corporation, its
employees, interests and assigns, hereinafter referred to as "Grantee ”.
WITNESS, THAT Grantor(s), in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration given by Grantee, the receipt of which is
acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its
successors and assigns, a perpetual easement for drainage and utility purposes, including the
right to construct and maintain the same, together with the right of the public for access over,
above, under and across the land located in the State of Minnesota, County of Hennepin,
legally described as follows:
The east 10 feet of the following described property:
That part of Lot 5, Block 1, Abingdon Glen, according to the plat thereof
on file or of record in the office of the Registrar of Titles in and for
Hennepin County, Minnesota that lies west of the east 60.00 feet thereof
In addition to any other remedy the Grantee may have, the covenants and
restrictions contained herein may be enforced by injunction.
Giantor(s) covenant that they are in fee title to the above property, have a lawful
right and authority to convey and grant this easement, and that the land is fi«e from all
encumbrances except:
Grantor(s) have executed this document the day and year set forth above.
GRANTOR(S)
Page 1 of 2
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this
______________, 19___, by _______________
day of
^4
NOTARY PUBLIC
l!
State Deed Tax Due Hereon:
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
‘I
Page 2 of 2
TO:Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM:
DATE:
SUBJECT:
Staff
April 9,1999
#2474 Steven and Susan Wilson
325 South Brown Road and 2150 Abingdon Way
Lot Line Rearrangement-Public Hearing
Zoning Dbtrict:
Lot Area:
RR-IB One Family Rural Residential District (2 acres)
Lots Existing Proposed
325 South Brown Road 14.46 acres 15.32 acres
2150 Abingdon Way 4.98 acres total
2.25 acres wet
2.73 acres dry
2.55 acres dry contiguous
4.19 acres
2.02 acres wet
2.17 acres dry
Exhibits:A
B
C
D
E
F
G
Application
Plat map
Property Owner's list
Topo Map
Plat of Abingdon Glen
Proposed Lot Line Rearrangement
Consent Form
Application: The applicant owns both lots and would like to change the lot line 60' to
the west to have the trees located along the east property line on the 325 South Brown Road
property. This lot line will allow the South Brown Road lot to have platted access to the Luce Line
Trail.
Pertinent Ordinances:
Section 10.28, Subd. 5 (B) RR-IB Standards & Chapter 11 (Subdivision Ordinance)
#
ANALYSIS
T.ot Area and Yards
RR-IB District Standards
Lot Area Lot Width Front Yard Rear Yard Side Yard
2 acres 200 ’50'50'30'
Subject Property Lot Area and Yards
The rearranged lot line will not make either lot non-conforming for lot area or setbacks.
The smaller lot, 2150 Abingdon Way, will continue to have two suitable septic sites that can meet
the 20' setback requirement from the east property line.
STAFF RECOMMENDATION
To approve the lot line rearrangement, subject to the property owner providing the following
information for filing with Hennepin County:
1.
2.
3.
A new 10' drainage easement along the new east property line for 2150 Abingdon Way
A consent form for both properties if a mortgage is held on either property
A certificate of survey showing the new drainage easement with a signature block
with the property owner’s signature
4.It would also be helpful if the surveyor would put the following information on the
certificate of survey for filing:
total lot area
total dry acres
total wet acres
total dry contiguous areas
5. A reduced copy at 1 "=200' for amending the City's section maps
U2474 Steve and Susan Wilson
2150 Abingdon Way/525 South Brown Road
Lot Line Rearrangement
PC-AprU 19, 1999
page-2
• »
• r
*;
Application U
Date Received
Amount Paid ■j^S'O-
CITY OF ORONO - SUBDIVISION APPLICATION
PROPERTY LOCATION n*si
Site address 2!^^
Property Identification Number (PID) 03'^ //7~~ 33 ----
Please check one - Property____abstract or__^;^torrens?
A * # • . ^
(yutfiz. I
APPLICANT , /A.
Address S* ^R-A.Phone ('home') ^7^'^//^.
Citv . /&A)»Zip 5^ ^s^Phone fwork)
a '
OWNER (if different than applicant)
"Mame
H&16 D&TElcr
Address Phone fhome^
ritv Zip Phone fwork)
(attach list if more than one)
.
EXISTING LAND USE
Ml imVipr rtf Tax Parcels
*
npvpilrtpment Size Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Pesidential; no. ofunits 1 ^
Other fspecifv')
Present use (check') X
Present Zoning District
PROPOSAL
Division for Tax Purposes
Lot Line Rearrangement Only (no new buildling sites)
Subdivision for New Building Sites
Number of Building Sites / Existing Units
n New Units
Total Units
fi a
* *.» •.mt C'{a
/
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
Units oer Acres
Sq. Ft. Dry Buildable Land
Residential
Other (specify)
•!
NUNEVIUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION
1. PajTncnt of fees (refer to "application fees" listed below.
2. Completed application form.
3. Prelitninaiy plat information on Certificate of Survey.
4. Certified Property Owners List of owners within 350’ (you must obtain this list from Hennepin County Department of Finance A-603
Govt. Centei^34^327^ r j r
5. As an addendum to this application, please attach a xparate list of any other persons you wish notified of this application.
Zoning Official's Signature _____________________________________Date _______________________________
MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION
1. Payment offees (refer to Preliminary Subdivision Approval resolution and park fees if appicable).
2. Signed Certificate of Survey or mylar copies of formd plat.
3. Title opinion.
4. Easements, covenants, etc.
5. Developers Agreement and Letter of Credit
Zoning Official ’s Signature ______________________________________ Date _____
I. APPLICATION FEES (Zoning Administrator to check [X] those which apply)
A. Application Base Fees:
Sketch Plan Review (Class I, n & ni) $250.00
X Subdivision of a Lot Line Rearrangement $350.00 ‘
_____ Subdivision Application (Class I & II) $350.00
_____ Preliminary Subdivision Application $375.00 + $25.00/lot (Class HI & all non-residential)
■ _____Final Plat Application (Class ni) $200.00
_____ Legal Review and Filing:
_____Subdivision only $75.00
_____Subdivision w/easements and covenants min. $200.00
_____ Park Fees (to be determined per Section 11.62)
____Legal and Engineering Review Fees (as incurr^)
_____ Renewal of Class I and II Subdivision Application $200.00 (No change from original application)
____ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application)
_____ Renewal of Final Class III Subdivision Application $150.00 (No change from original application)
B. Special Improvement Fees:
_____ Proposed Private Roads $600.00 + $.50/lincal ft.;_____lin. ft. x .50 = $______
_____ Proposed Public Roads $900.00 + $.5C/1ineal ft.;_____lia ft. x .50 = $______
______ Request for City to Accept Existing Private Road $900.00
______ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub
_____ Proposed Watermain Extension $250.00 + $25/stub
_____ Proposed Storm Sewer System (excluding culverts) $200.00
_____ On-Site System, Site Evaluation Review (applicable to rural subdivision applications)
$50.00/per lot x_____new lots
C. Flexible Application Fees/Misc. Fees
_____ Variance $220.00 ($50.00 per each additional variance)
______ Easement Vacation Associated with Subdivision $100.00
_____ PRD Application with Subdivision $30.00/Dwclling Unit
Totals
The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by
ordinance. Kj
Applicant ’s Signature ^ ^ _________________ Date _____________________________
Owner’s Signature Date
Applicant must have all submittals into the City Office 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 Commission
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.
l,OT
8J^y6JRj^<^WVeMT'
c:»:f3vi». It
• if r/c‘v4;icV
t». ■‘•0 $?*!£
RUN DATE t3/16/99
BATCH 507
PROP ADDR
OWNER NAME
HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH
PROPERTY OWNERS LIST
REPORT NO. PI935901
PAGE 28
38 03-117<*23 13 0001
00350 BROWN RD S
W F FARLEY t K 0 FARLEY
WXLLZAN 8 KATHLEEN FARLEY
350 BROWN RD S
LONO LAKE NN 55356
38 03-117-23 13 0002
00300 BROWN RD S
JOHN C DOUTHXT ETAL
JOHN C DOUTHZT
300 S BROWN RD
LONG LAKE HN 55356
38 03-117-23 13 0003
00038 ADDRESS UNASSZGNED
L0N6RID0E ASSOCIATES
LONGRIDGE ASSOCIATES
15407 HC6INTY RD W
WAYZATA NN 55391
. t
• j
38 03-117-23 13 0005
01995 FOX RIDGE RD
R 8 B HACK
RAYNOND H HACK
1995 FOX RIDGE RD
LONG LAKE NN 55356
38 03-117-23 13 0010
01950 FOX RIDGE RD
D S PHELPS 8 E D PHELPS
DAVID S 8 ELLEN D PHELPS
1950 FOX RIDGE RD
LONG LAKE NN 55356
38 03-117-23 13 0011
01960 FOX RIDGE RD
LUCIA T NORISON
LUCIA T NORISON
1960 FOX RIDGE RD
LONG LAKE NN 55356
i -
II I
38 03-117-23 21 0009
00038 ADDRESS UNASSIGNED
STATE OF NINN
STATE OF NINN CDNRI
CLUCE LINE TRAILI
38 03-117-23 21 0010
00038 * ADDRESS UNASSIGNED
WILLIAN F HARTFIEL JR ET AL
WILLIAN F 8 HELEN C HARTFIEL
2225 DEVIN LA
LONG LAKE NN 55356
38 03-117-23 21 0012
02225 DEVIN LA
W F HARTFIEL 8 H C HARTFIEL
WILLIAN F 8 HELEN C HARTFIEL
2225 DEVIN LA
LONG LAKE NN 55356
38 03-117-23 21 0021
00185 BROWN RD S
C 8 J KROGNESS
CHARLES 8 JEAN KROGNESS
185 BROWN RD S
LONG LAKE NN 55356
38 03-117-23 21 0022
00195 BROWN RD S
J E 8 B A ELDER
JANES E 8 BARBARA A ELDER
195 BROWN RD S
LONG LAKE NN 55356
38 03-117-23 22 0008
02250 LONGVIEW CIR
N F 8 N V F TORRISON
NORNAN F TORRISON
2250 LONGVIEW CIRCLE
LONG LAKE NN 55356
38 .03-117-23 23 0008 *
02255 ABINGDON WAY
F 8 C 8TIHCHFIELD
FREDERICK/CHERYL STINCHFZELD
3058 NINNEHAHACT
WAYZATA HN 55391
38 03-117-23 23 0009
02240 ABINGDON WAY
H F SWIONTKOWSKI ET AL
NARC F SWINOTKOWSKI 8
BETH E SWIONTKOWSKI
2240 ABINGDON WAY
LONG LAKE NN 55356
38 03-117-23 23 0013
00038 ADDRESS UNASSIGNED
ABINGDON GLEN ASSOC
ABINGDON GLEN HNNRS ASSN
C/0 RESIDENT OF 2205
2340 ABINGDON WAY
LONG LAKE NN 55356
i
38 03-117-23 24 0003
00325 BROWN RD S
C S 8 S D WILSON
C STEVEN 8 SUSAN D WILSON
325 BROWN RD S
LONO UKE NN 55356
38 03-117-23 24 0004
00038 ADDRESS UNASSIGNED
C S 8 S D WILSON
C STEVEN 8 SUSAN D WILSON
325 BROWN RD S
LONG LAKE NN 55356
38 03-117-23 24 0005
02205 ABINGDON WAY
R B BRUCE 8 C K BRUCE
R B BRUCE 8 C K BRUCE
2205 ABINGDON WAY
IWG LAKE NN 55356
. !
RECEfVEO
MAR P2 J999 '
CIIYUh0f?0A/0 •
RUN DATE OS/li/99
BATCH 507
PROI* AODR
ONNER NAHC
TAXfAYCR
NANC/AOOR
RROP.ADDR
OUNi* NAHC
TAXPAYER
NAHC/AOOR
HEWIEPXN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
SO 0S-117-2S 24 OOOi
02150 ABXNODON WAY
C S 0 S D WILSON
C STEVEN t SUSAN D WILSON
S25 BROWN RD S
LONQ LAKE HN 55354
SO 0S-117-2S 24 0009
00245 BROWN RD S
ASP KEARNEY IXZ ET AL
ADRIAN A S PAMELA H KEARNEY
245 BROWN RD S
LONG LAKE HN 55S54 .
REPORT NO. PX435401
PAGE 29 -
SB 0S-117>25 24 0007
021B0 ABINGDON HAY
T C DEVRIES B G W DEVIRES
TIMOTHY C B GAYLE W DEVRIES
2100 ABINGDON WAY
LONG LAKE HN 55S54
SB 0S-117-2S 24 0008
00255 BROWN RD S '
MARGARET P COST
MARGARET P COST
255 BROWN RD S
LONG LAKE HN 55SS4
TOTAL BATCH 507 00022
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECMDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXAHON, TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
fl£VU
® I
\ H
%
• •
o
I
• <1
I
^^C\ \ A
umI'.) \{ym
GrCBVi
e )
£»caIc r-
:ei ®
, DIVISION
rvew lof
LEGAL
^ ^^->A
if//.-:; ft
D»LJ 0^<-^ '
^OVMOO' 4® fe^, .
32S -•
\ J ' I iw w / /V ^
A \ V /// /
^ .
FROM PORHAM HAIK ET AL (MON) 11. 55'96 I2:ll/ST. I2:t0./N0. 37600S6532 P :
CONSENT
• •
The Tindcrsi^ned ("Mortgagee") having an interest as mortgagee in the proper^
.• described in the foregoing (the "_______")»pmsuant to that certain Mortgage
dated • • ■ > 19, . filed ' ' 19 _vaih the County Rccordcr^cgtstrar of
Titles in and for Hennepin County, Minnesota as Document No.. ' • (the "Mortgage");
hereby consents to die
subordinate lo the__
and further agrees that the Mongage is subject and
granted in the
IN WITNESS WHEREOF, the undersigned has caused this Consent to be executed
effective as of _________________, 1S>96.
Mortgagee
By-----
STATE OF
COUNXy OF
)
)
)
ss.
This instrument was acknowledged before me on __
____ • the___________________of
199^ by
^a
under the laws of . on behalf of the
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Applica/vV ACftli -fo -praoidc
•ftflH Gr-Biiwie U a ot\
alor^ v>i*lK a -KMe
opmton -Hu CiK|.
L
TKt of Hm lihc
maim}}} unoK
bloclL new
To:Chair Hawn and Orono Planning Commissioners
Ron Moorse, City Administrator
From:
Date:
Re:
Paul Weinberger, Zoning Administrator/Planner
July 15,1999
#2505 The Bancor Group Inc.
Southwest comer of County Road 6 and Willow Drive North
2445 County Road 6
Sketch Plan
Zoning District:RR-IB, Single Family Rural Residential, 2 Acre minimum lot size
Site Area:58 Acres
Proposal:52 Lot Subdivision - Single Family Units
Eihibits:
A
B
C
D
E
F
G
H
I
J
Application
Legal Description
Applicant Concept Plan — Letter dated June 23,1999
Location Map
Site Plan/Survey
Zoning Map
Site Topography
Wetland Map
Section 10.20 R-1A Zoning District Standards
Section 10.32 Planned Residential Development
Pertinent Code Sections:
1. Section 10.20 - R-1 A Zoning District Standards
2. Section 10.32 - Planned Residential Development
3. Section 10.53 - Planned Unit Development
§2505 The Bancor Croup
2445 County Road 6 (County Road 6 and Willow Drive North)
Subdivision - Sketch Plan
7/19/99
page-1
I ■
I ;
I
i
I r
‘ {
i
.1
» j
Summary of Request:
The City of Orono has received a sketch plan application for a 58 acre parcel located at the southwest
comer of County Road 6 and Willow Drive North. The applicants have submitted a proposal to
subdivide the property into 52 lots, with an average density of less than 1 acre per lot. This is
assuming the total property.dedicated for right-of-way, ponding and wetlands will exceed 6 acres on
the site.
The property is zoned RR-IB requiring 2 acres per unit. The applicants request the property be
rezoned to R-1A allowing 1 acre per unit density and develop the property as a Planned Residential
Development (PRD). The purpose of a PRD is to enhance the appearance of neighborhoods through
preservation of natural open spaces and to counteract the effects of urban congestion. A PRD/R-1A
development would allow the property to be developed at one unit per acre allowing the lots to be
less thw one acre leaving the remaining land as open space by the creation of conservation outlots.
The proposed site plan, dated 6/22/99, shows Outlots A and B as open space. The outlots would be
held in common by the homeowner's association.
The City reviewed an application on this site in 1994 for a 58 unit development. The Planning
Commission advised the 58 unit density was not acceptable but would consider a plan for reduced
density. The applicant revised the plan leaving the north half of the property at 2 acre density and
rezoning the southern half to allow 1 unit per acre density. This plan would have created 44 lots on
the 58 acre site. The applicant later requested the application be withdrawn prior to plat approval.
Rezoning
The proposed rezoning of the site would allow higher density development. Sewer and water are
avmlable and the capacity to handle anticipated flows. The property could not sustain a rural style
development with individual septic systems due to the high water table and soil types present.
Discussions regarding the property to the south have indicated possible townhome units and limited
office use along Highway 12 and Kelley Parkway.
The surrounding properties to tliis site include the Shadowood Farm development (two acre density
east of Willow Drive), low density residential (two acre north of County Road 6), Orono School
Campus (Future Middle School Site to the west) and possible townhome/office use along Highway
12 and Kelley Parkway (south). It may be appropriate to utilize this property as a buffer zone
between the mixed uses surrounding the proposed development.
Developing as a PRD would allow for the creation of conservation outlots along County Road 6 and
Willow Drive allowing for the highest concentration of lots being located within the interior of the
property.
U2505 The Bancor Group
2445 County Road 6 (County Road 6 and Willow Drive North)
Subdivision — Sketch Plan
7/19/99
page-2
A second alternative is to develop the property as a Planned Unit Development (PUD), however
PUDs often accompany mixed land uses within the development. In a PUD the Planning
Commission and Council may establish zoning and use requirements within the final resolution not
necessarily by the underlying zoning. Any futore changes within a PUD would require Council
approval on an Amendment to the PUD. Uses within a PUD are limited to those uses designated by
the Comprehensive Plan.
If the property is rezoned it is likely the property would develop as a PRD.
Wetlands
The site does contain several City protected wetlands. Any proposed alteration of a wetland will
require a variance from the City. Wetland alteration will also require outside agency review by the
Mhmehaha Creek Watershed District, DNR and the Corps of Engineers. The applicant shall
complete a wetland delineation report prior to application for Preliminary Plat. All wetlands
designated by the City of Orono are not included as lot area for the purposes of zoning.
Any filling of wetlands will be mitigated on site. The previous proposal mitigated within the open
space outlot to the north.
Access
Access would be via two curb cuts along Willow Drive. The northern curb cut should be moved
further to the north even with Shadowood Drive to eliminate two intersections located within 200'
of each other.
No individual lots shall have direct access to Willow Drive or County Road 6. Staff would
recommend a greater setback to Willow Drive of 50' for the adjacent lots to maintain a rural
appearance from the Road.
Easements
1.Standard drainage and utility easements along the property lines will be required for the final
plat.
2.Subdivider shall grant Conservation and Flowage easements across the wetlands and ponding
areas located within the development. Language in the easement documents shall restrict
land alteration and removal of vegetation.
U2505 The Bancor Group
2445 County Road 6 (County Road 6 and Willow Drive North)
Subdivision — Sketch Plan
7/19/99
page-3
\
r
3.Trail easements shall be created along Willow Drive and County Road 6 for connection to
regional trail systems. The survey shows a proposed trail through the property. Another trail
has been proposed to connect the neighborhood to the school property to the west.
Park Dedication Fee
8% of the land value, to be determined by the City Assessor, will be required for Park Dedication
Fee. The City of Orono has established a minimum park dedication fee per lot of $2,900 and a
maximum of $4,900 per lot.
Drainage
The City Engineer has stated the property will require regrading throughout the site due to water
table issues. Stormwater ponding will also be required. The applicants shall be advised permits may
be required for grading and the construction of stormwater treatment ponds.
Sanitary Sewer and Municipal Water Connection
The property is located within the MUSA boundary allowing for sanitary sewer connection. The
developer will be responsible for providing sewer and water to the site. The sewer is located along
Highway 12 and will be installed along Willow Drive to the development. Estimates are sewer and
water connection to be approximately $9,250 per unit, not including the construction cost.
Easements along the streets may not be required for the public utilities if the roads are developed as
public streets.
Issues for discussion
1.Rezoning the property will be required to develop at a one unit per acre density. The number
of units available would be determined following a wetland delineation on the property.
Further proposals shall defme dry buildable vs. land dedicated to wetlands, right-of-way,
ponding, trail easement and open space.
2.
3.
Should the development density include land dedicated for purposes other than open space?
Park dedication fee shall be equivalent to 8% of the value of the lot with a maximum of
$4,900 per lot or a minimum of $2,900 per lot. The Code does address land dedication for
park space rather than a cash contribution. Trail development could potentially reduce the
cash portion of the park dedication.
U2505 The Bancor Group
2445 County Road 6 (County Road 6 and Willow Drive North)
Subdivision — Sketch Plan
7/19/99
page-4
4.Is the proposed lot layout acceptable? It appears there are a number of lots that may not yield
a buildable site once setbacks have been established from ponds and wetlands. The road
ending in a cul-de-sac to the north should be extended to Willow Drive to intersect with
Shadowood Drive.
5.The development would serve as a buffer between the lower density residential development
to the north and east vs. the other land use types to the south and west. Outlet A will be
created as an open space/conservation outlet to maintain a rural appearance from County
Road 6. Is the outlet large enough to achieve this? Applicant has proposed a plan that would
result in the nearest home at approximately 225' from the traveled road.
6.
7.
Only four lots will be immediately adjacent to Willow Drive.
Detailed grading and drainage plans shall be provided with application for preliminary plat.
Several berms are proposed t^oughout the development and each lot will be regraded to
create walkout style homes.
8. Standard setbacks for the R-1A (1 acre) zoning district are the following:
Lot Area
Lot Width
Front Yard Setback
Side Yard Setback
Rear Yard Setback
Side Adjacent to Street
1 acre
140 feet
35 feet
10 feet
30 feet
35 feet
The Council has established less restrictive zoning standards for other PRDs, including
French Creek and Sugarwoods.
Application for Preliminary Plat will require the following:
1.Additional application and fees for rezoning the property and conditional use permits for
grading and land alteration on the site.
2. Preliminary Plat drawing showing proposed property lines, building sites, setbacks, right-of-
way, trail easements existing contours
3. Lot dimensions, total property area, area of each wetland and pond, dry-buildable area of
each lot, land dedicated for right-of-way and trails and area of conservation outlots.
U2505 The Bancor Group
2445 County Road 6 (County Road 6 and Willow Drive North)
Subdivision - Sketch Plan
7/19/99
page-^S
yield
road
with
)ment
ill be
Dunty
vould
f plat,
led to
uding
Its for
jht-of-
4. Grading plan with cut/fill calculations for the site.
5. Preliminary engineering layout of proposed new roads (including center line profile), sewer
and water lines.
6. . Stormwater Management Plan. A stormwater management plan is required for all Class III
subdivision applications (two full size, to scale drawings or plans and one reduced 1 1"X1 T
copy. A certified professional engineer registered in the State of Minnesota shall certify all
plans submitted to the City. It is recommended that applicant also file for a permit with the
MCWD for the stormwater management plan.
Plans submitted to* the City shall include the following information:
Delineation of the subwatershed contributing runoff from off-site, and proposed and
existing subwatersheds on site.
- Proposed and existing stormwater facilities location, alignment and elevation.
- Delineation of ejdsfing on-site wetlands, marshes, shoreland and/or flood plain areas.
• . . Existing and proposed iiormal, one year and one hundred year water elevations on
. site.'• • ■ ••• ..: . •.•••.* :•
Existing and proposed site contour elevations related to NGVD, 1929 DatumI
- Construction plans and specifi ;otions of all proposed stormwater management
* facilities.
- . Stormwater runoff volume and rate analysis for existing and proposed conditions
All hydrologic and hydraulic computations completed to design the proposed
stormwater management facilities.
All plans must include erosion control and soil boring results if available.
7. Any additional items requested by Staff, Planning Commission and/or the City Council.
Because of the complexity of this application, involving rezoning and extension of municipal
services, this Sketch Plan application will appear on the City Council Agenda on Monday,
August 9,1999.
ireaof
§2505 The Bancor Group
2445 County Road 6 (County Road 6 and Willow Drive North)
Subdivision - Sketch Plan
7/19/99
page-6
CITY OF ORONQ - SUBDIVISION APPLICATION
Application #
Date Received"
Amount Paid
PROPERTY LOCATION
Site address_____
Property Identification Number (PID)tS- oool
Please check one - Property X abstract or
Attach l^al description to application.
torrens?
"'“NtaTTw. 'bA.:.
Address nynr Su :V t Phone (home)________
City v;»^u^ H»»_____________Zip Phone(workl< t
Address h ^o Qj «»t Mw Phone Qiome)
City K»U _______
(attach list if more than one)
Zip jvvnJflPhone(work)
i
existing land use
Number of Tax Parcels
Deyelopment Size
Present use (check)
Present Zoning District
Acres Dry Land
Acres Wet Land
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
________ Existing Units
________New Units
Total Units
Number of Building Sites
Proposed Gross Density
Milium Lot Size
Proposed Use (check)
Units per___Acres
_ Sq. Ft. Dry Buildable Land
Residential
_ Other (specify)
EXHIBIT A
That Dart of the East 172 of the Southeast 1/4 of Section 28, Township 118, North Range 23 West of
the bSi Principal Meridian lying Southerly of the centerline of County Road No. 6 m recwded m
tool 70. page 88441B2 into <*« rfto O’™*?
^3^r>
THE BANCOR GROUP. INC.
7575 Golden Valley Road
SUITE 250
MINNEAPOUS, MN 55427
(612)546-2625
. Facsimile (612) 546-7321
June 23,1999
Mr. Paul E. Weinberger
Assistant Zoning Administrator
CityofOrono
2750 Kelley Parkway
Orono, MN 55323
Dear Mr. Weinberger:
Enclosed herein for consideration by the City Council, Planning Commission and dty staff is a '
proposed concept plan for the approximate 58 acre parcel located at the southwest quadrant at the
intersection of Willow Drive and Cotmty Road 6, in Orono.
Our proposal is to plat the property into 52 single family homesites which would be serviced by city
sewer and water. As you are aware, o\ir company is strictly a land developer and accordingly our
business is to develop lots for home builders. However, wh. Bancor will not build any of the
homes, one of the principals of our company is John Schulties of LeGran Homes and I would
anticipate that one of the mqjor home builders in this community would be LeGran Homes. While
it is difficult to be precise at this point, we would anticipate that finished homes and lots would be
in the price range of $350,000 to $600,000.
In designing this community, we have attempted to be sensitive to various concerns that you and
the rest of the city staff have made us aware of. As a result the proposed concept incorporates the
following features:
1. We have attempted to lessen any adverse impact on adjoining neighborhoods. There are
only four lots which abut Willow Drive with all four lots facing interior streets. Additionally
these four lots are set back fi’om Willow Drive by a trailway. We are also proposing three
berms along Willow Drive. There are no lots abutting Coimly Road 6.
2. We understand that the City wishes to maintain a rural feel when traveling along County
Road 6. In our proposal, the nearest home would be approximately 225 feet from the
traveled road. We believe that a gracious setback is only part of the solution to maintaining
this rural feel. We are proposing to construct enhanced ponds, berms and landscaping in
this area. These enhancements in coigunction with the large setback will lessen any
adverse impact on the views when traveling on County Road 6.
3. We will fully comply with all regulations in protecting wetlands. Since we are only at
concept stage, I hesitate to get too specific until a formal wetland plan has been approved.
However, subject to regulatory approval, we would propose enhancing several of the
wetlands by expanding and deepening them.
4. Ovu* concept includes a trailway that follows both the east and north borders of the site.
These trails are outside of the ciurent road right of ways. Further Outlet C is a trail
connecting this neighborhood with the community facilities to the west.
5. While we recognize that the overall density is greater than the abutting neighborhood, we
Si^. J# f. / JJ 0R0SS0-S9
SEC.33J.116.R.23
«<ll«tl
■ t % •■ f t f ■ •• «mt -It•
z/»r>iS9
STOWI SCKR 0:$r.JJCT BOWOAHT
- ----------- 5O«0l OUTRtCT eOUM)MT
..................... wrcwtco OtSTRtCT BOIMMIT................ iNOoew BoiM>Mr
iCMcriN a
BURCMI OF r
CEfMncNr'
tfO Fuaic
Olvl
(41-
«
I ■
- ■' V.:
• I ‘: .
L-‘'(■-»•:-
■fcvjiVv'i
i “■
I r^ •
§ 10.20
SEC. 10.20. R-IA ONE FAMILY RESroENTIAL DISTRICT.
.. . •
Subd. 1. Pmpose. The "R-l A" One Family Residential District is intended to provide
a district which will allow a combination of low density residential development and limited
agricultural activity. Planned residential developments may be allowed by conditional use permit.
The district shall have immediate access to highways and public sanitary sewer.
Subd. 2. Permitted Uses. Within any ”R-1 A” One Family Residential District, no
structure or land shall be used except for one or more of the following uses:
A. One family detached dwellings.
B. Public owned parks and playgrounds.
C. Municipal buildings.
Subd. 3. Conditional Uses. Within any "R-l A" One Family Residential District, no
structure or land shall be used for the following uses except by conditional use permit:
A. Schools. Public schools and parochial or private schools which teach a
curriculum similar to a public school provided no building shall be located within fifty feet of any
lot lirie of an abutting lot in an "R’’ District and that a fence be erected fifteen feet or more from all
street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet
of playground space per pupil.
1. Uses Accessory To A High School. The following uses are
accessory to a High School use and require a separate conditional use permit:
a. Indoor Ice Arenas. All such facilities and stmetures shall
be located on the same tax parcel as the principal High School Use to which they are accessory. No
such structures shall be located less than 50 feet from any lot line of an abutting lot in an ”R"
District. Such facilities shall not be separated from the principal High School use by a public road.
All such facilities shall be owned and operated by the school district, or by a non-profit organization .
under a land lease arrangement with the school district. The developer of such a facili^, prior to
final Conditional Use Permit approval by the City Council, shall demonstrate financial capability
to complete construction of said facility, by providing suitable documentation that at least eighty
percent (80%) of the estimated project costs are in the control of the school district or non-profit
lessee*
Source: Ordinance No. 145,2nd Series
Effective Date: 3-11-96
ORONO CC 279 (4-1-84)
i
I
§ 1020
0 provide
d limited
se permit.
istrict, no
listrict, no
ich teach a
feet of any
re fix>in all
square feet
ig uses are
ctures shall
essory. No
t in an "R"
lublic road.
)rganiz2tion
iity, prior to
il capability
least eighty
ir non-profit
5,2nd Series
(4-1-84)
§ 10.20
B. Churches. Churches including those related structures located on the same
site which are an integral part of the church proper, convents or homes' for persons related to a
religious function on the same site provided no building other than a residence shall be located
within fifty feet of any lot line of an abutting lot in an "R" District.
C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public
swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church
camps or private non- profit parks, playgrounds and other similar uses. The principal structure for
any of the above listed uses shall be 100 feet or more from any abutting lot in an ”R" District, and
accessory structures shall be a minimum ofiifty feet from any lot line.
D. Public Service Structures. Public service structures, including but not
limited to electric transmission lines, buildings such as telephone exchange stations, boostCT or
pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electncal
power substations, provided no buUding shaU be located within 50* from any lot line of ^ abuttmg
lot in an "R** District Prior to granting such permit it shall be found that the architectural design of
service structures is compatible to the neighborhood in which it is to be located and thus ^1
promote the general welfare. Public service structures as defined above that have been approved by
die City at required public hearings for pubUc improvement projects shall not require a conditiond
use permit but such structures shall be subject to all other appropnate standards set forth m tlus
section: amendments to approved plans involving design and/or placement of thwe s^ctures wll
require written notice by the City to all affected property owners 14 days prior to the adoption of the
amended plans by the CouncU. Personal wireless services and commercial broadcasting antennas
and towers shall not be considered public service structures.
Source: Ordinance 29,2nd Series
Adopted: 2-23-87
Source: Ordinance No. 161,2nd Series
Effective Date: 5-27-97
E. Greenhouses. Commercial greenhouses provided all outside storage is
fenced in such a manner so as to screen the stored material from view when observed tom frie public
street or adjoining lot. Commercial greenhouse structures shall not be l^ted in a required yard area,
and are subject further to the general zoning code requirements pertaining to accessory structures.
Source: Ordinance 72,2nd Series
Adoptea: 8-14-89
ORONO CC 280 (4-1-84)
1
§ 10.20
F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided
the area is fenced and no part of the principal use is less than 150 feet from any lot line.
Source: Ordinance 26,2nd Series
Adopted: 7-14-86
G. Guest Houses & Non-rental Guest Apartments.
• • •1) Guest Houses. A separate dwelling constructed on an existmg
undivided lot for the sole use of the occupants of the principal buildings, including their domestic
employees or their non-paying guests. All regular lot requirements shall be met by the guest house.
Source: Ordinance 29,2nd Series
Adopted: 2-23-87
2) Non-rental Guest Apartments. An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including
their domestic employees or non-paying guests. There shall be at least one access door to the
apartment from within the principal structure, and such door shall be the primary access to the
apartment. Application for such a guest apartment shall address the concerns of paring, sewage
treatment, entiyway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street address.
Source: Ordinance 29,2nd Series
Adopted: 2-23-87
H. Planned Residential Development. Limited to detached single family
dwellings only and subject to the limitations of Section 10.32.
I. Duplex Credit. One duplex may be located on a single lot as a condition^
use upon application therefor provided that public sanitary sewer service is available, and the lot is
adjacent to a commercial or industrial district, or within (250 ’) two hundred fifty feet of die B-3
District, and the duplex is constructed within 200 feet of the commercial or industrial district A
duplex is defined as a two-family unit residential building.
Source: Ordinance 178,2nd Series
Adopted: 12-8-97
J. Apiaries.
ORONO CC 280-1 (4-1-84)
I '
15
■A
\
' 1
—
§ 10.20
K. Antenna Structure. One independent antenna atnieture with antenna Of
combination ef antenna attached thereto; subordinate to ond-awieing-thc prmetpel uae-of stnieture
on the some lot ondouatemarily incidental thereto that-ia not attached to onothcf structure provided
the height of the antenna stmeture doeo not^xcccd 65 feet and the antenna structure is set back from
any lot line a distance at leoatcqual-to-thc-total height of the antenna atnieture.
Source: Deleted via Ordinance 161,2nd Series
Effective Date: 5-27-97
L. Farms (Crop and stock). Provided that the area is ten or more acres.
M. Animals. The keeping of domestic animals for non-commercial purposes
including horses for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal buildmg, must be available for each animal unit, except as
hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse
and one additional acre must be available for each additional horse. When the horses are kept stabled
and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at
the discretion of the Council. Such minimum pasture acreage shall not include low lying lands
unusable for pasture or gra^g. Any person keeping such animals must comply with the provisions
of the City Code.
N. Stables and Bams - Private. The use of an accessory bmlding for keeping
animals for non-commercial purposes provided it is for the non-commercial use of the property
owner or resident and meets the available area standards outlined in Paragraph M of this subsectioiL
Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and
no closer than 75 feet from the nearest lot line.
O. Stables and Bams - Public. The use of accessory buildings or land for the
storage or rearing of animals not owned by the property owner or resident. Such must meet the
requirements of Section 10.03, Subdivision 18. Further, no such structure shall be located less than
150 feet from the nearest lot line.
P. Riding Academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of Sections M, N aud 0 of this subdivision and
no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from
the nearest lot line.
Source: Ordinance 26,2nd Series
Adopted: 7-14-86
ORONO CC 280-2 (4-1-84)
il
§ 10.20
M. Antenna Structure. One independent antenna stnieture with antenna-or
combina^n of antenna attached thereto, subordinate to and 8er\'iemg the prineipal-usc or struetufc
on the same lot and customarily ineidcntal thereto that is not-attached to another stnietufc provided
the height of the aatenna structure doc3 not exceed 6’5 -fcct and-the-antenna structure i3 set back from
any lot line a diatanee at least-eqaal to the-tatal height-of the antenna gtructufc.
Source! Ordinance No. 177
Effective Date: 6-S-75
Source: Deleted via Ordinance 161,2nd Series
Effective Date: 5-27-97
Q. Plumbing in Accessory Building. The provision of a toilet, bathtub or
shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary
sewer or a conforming sewage treatment system designed to handle the anticipated flows from the
building plumbing. Approval shall be granted only when the following criteria are met:
1. The Council finds that the proposed use of the accessory structure
with plumbing will not be detrimental to the residential character of the neighborhood.
2. The Council fibads that the plumbing fixtures proposed are in
keeping with the intended use of the accessory building.
3. The property is 2.0 acres in area or larger.
4. The accessory building is conforming in location, size and height.
5. The property owner agrees to the filing of a covenant in the title
of the property providing that:
a. the accessory building will not be used for a home
occupation unless specifically approved by City or if allowed by City code.
b. the accessory bmlding will not be used as a dwelling unless
a guest house CUP is obtained.
c. the accessory building will not be rented, leased or
• otherwise provided for use as a dwelling under any circumstances.
Source: Ordinance No. 179,2nd Series
Adopted: 10-12-98
ORONO CC 280-3 (4-1-84)
♦ ■
I
§ 10.20
e*mft-er
imetttfe
rovi ded
ETXmwUX
d Series
thtiib or
sanitary
lomihe
tructure
d are in
og unless
eased or
nd Series
C4-1-84)
§ 10.20
Subd. 4. Accessory Uses. Within any "R-1 A” One Family Residential District, no
accessory structure or use of land shall be permitted except for one or more of the following uses:
A. Garages. Private garages and parking space.
• * * • * * *
B. Pools, etc. Private swimming pool, tennis courts, and paddocks.
C. Home Occupations. Any gainful occupation meeting all of the following
requirements when engaged in only by persons residing in their dwelling, when there is no employed
assistant, when that occupation is conducted within the principal structure only, when evidence of
the occupation is not visible fix>m the street, no signs other than those permitted in "R" Districts are
present, no excessive stock in trade is stored on the premises, over the counter retail sales are not
involved, the entrance to the home occupation is gained from within the structure, and the use* does
not adversely affect the character of Ae uses permitted in the district in which it is located. A
professional person may use his residence for consultation, emergency treatment or performance of
religious rites but not for general practice of his profession when such general practice will involve
the need for more than three off-street parking spaces for the occupant and visitors.
D. Signs. Signs as regulated in the Zoning Chapter.
’ E. Temporary Structures. Buildings temporarily located for purposes of
constructing on the premises for a period not to exceed time necessary for such constructing.
F. Gardens, etc. Gardening and other horticultural uses including aviaries and
decorative landscape features.
G. Roadside Stands. One roadside stand offering for sale only farm products
produced on the premises provided that such stand does not exceed 200 square feet in area and that
it is located at least thirty feet back from the public right-of-way.
Source: Ordinance No. 172
Effective Date: 1-1-75
H. Communication Reception/Transmission Devices.
1. Accessory Antennas. Accessory antennas shall be limited to radio
and television receiving antennas, satellite dishes, TVRO's, and amateur short-wave radio
transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of
the property are permitted accessory uses in all zoning districts provided they meet the following
conditions:
i
ORONO CC 281 (4-1-84)
§ 10.20
a. Height. A ground mounted accessory antenna shall not
excedd twenty (20) feet in height from ground level.
. b. Yards. Accessory antennas shall not be located within the
required front yard setback, conier side ya.d setback or side yard setback abutting a street.
c. Roofs. If vegetation or obstructions interfere with satellite
signals at a location in any allowable placement area, the accessory antenna may be placed on the
roof of any authorized structure on the premises.
d. Accessory antennas shall not be located within a required
yard or setback area or within drainage or utility easements. Antenna towers shall be set back from
adjacent property lines a horizontal distance no less than the maximum height of the antenna.
e. Building Permits. A building permit shall be required for
the installation of any accessory antenna requiring a conditional use permit Building permit
applications be accompanied by a site plan and structural component data for the accessory
antenna, including details of anchoring. The Building Official must approve the plans before
installation.
f. Lightning Protection. Each accessory antenna shall be
grounded to protect against natural lightning strikes in conformance with the National Electrical
Code as adopted by the City of Orono.
g. Electrical Code. Acessoiy antenna electrical equipment and
connections shall be designed and installed in conformance with the National Electrical Code as
adopted by the City of Orono.
h. Color/Content. Accessory antennas shall be of a neutral
color and shall not be used as signage.
2. Amateur Short-Wave Radio Antennas and Towers which do not
meet the conditions for accessory antennas, may be allowed vrith a conditional use permit in all
zoning districts provided they meet the following conditions:
a. Height. When an amateur short-wave radio anterma is
mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet.
b. Yards. Amateur short-wave radio antennas and tpwers shall
not be located within a front, comer side or side yard.
ORONO CC 281-1 (4-1-84)
i
itellite
on the
iquired
kfirom
la.
^for
peimit
:essory
before
(hall be
lectrical
nentand
Code as
ineutral
:h do not
nit in all
atenna is
65 feet
wersidmll
§ 10.20
c. Setbacks. Amateur short-wave radio antennas and towers
shall not be located within any required setback area and shall be located no less than the height of
fteante.ma and towftom the property line. source: Ordinance 161,2nd Series
Adopted: 5-27-97
Subd. 5. Area. Height, Lot Width and Yard Requirements.
A. Height No structure or building shall exceed 2-1/2 stories or thirty feet in
height except as provided in Section 10.75.
B. Lots. The following minimum requirements shall be observed:
Lot
•
Lot Front Side Rear
Side Yard
Adjacent to
Width Yard Street
1 acre 140 feet 35 feet 10 feet 30 feet 35 feet
(4-1-84)
ORONO CC 281-2 (4-1-84)
§ 10.31
E. There shall be no setback exceptions permitted that reduce any required
setback to less than 10 feet.
F. There shall be no setback exceptions permitted for horizont^ building
addition or hardcover increase of any kind within 75 feet of the shoreline or within 26 feet of any—
wetland.
G. There shall be no setback exceptions permitted without a Council approved
variance in cases where any existing building is being replaced by a new building, or where the
proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the
assessor's fair market value for the existing building. In these situations, the new work shall conform
to all required setbacks.
H. The exceptions authorized by this Subdi^ ‘sion apply only to setback
reqmrements and do not authorize variance of any lot area, hardcover, building height, building area
or any other zoning or building code performance standard.
Subd. 19. Future Amendments. The "RS" District regulations adopted by this
Section represent an iimovative attempt to solve the unique problems relating to historic use and-
previously platted substandard lots on the islands while at the same time assuring the property
owners of continued reasonable use of their property. It may be found by subsequent City Councils
that this Section was not restrictive enough to protect the health, safety and welfare of the citizens
and that new development potential granted to property owners by this Section may have to be
modified. Therefore, no new development rights granted by this Section shall be deemed to be vested
property rights but shall remain subject to future modification by the City.
Source: Ordinance No. 246
Effective Date: 1-13-83
SEC. 1032 PRD PLANNED RESIDENTIAL DEVELOPMENT
Subd. 1. Purpose. This plan is available to land subdividers subject to Council
approval, as alternative to standard minimum lot size subdivision of land. The purpose of this plan
is to enhance the appearance of neighborhoods through preservation of natural open spaces, to
counteract the effects of urban congestion and monotony, to provide cohesive structure to
neighborhood design, to offer recreation opportunities close to home, and to aid in improving the
welfare in general of City residents.
ORONO CC 330 (4-1-84)
/ ..§ 10.32
Subd. 2. Submission of Plans. Land owners may submit land subdivision plans for
any "R" District without adherence to minimum lot size requirements for each building lot, provided
that the total number of building lots, or dwelling units, shall not exceed the number of such lots or
units permissible under the minimum lot size requirements of the zoning district or districts in which
such land is situated.
Subd. 3. Council Discretion. The dwelling units permitted may be, at the discretion
of the Council and subject to the conditions set forth by the Council, in detached, attached or
multiple family dwelling structures; subject to the limitations provided for in each zoning district.
Subd. 4. Open Space, Etc. The dedication, ownership, use and maintenance of open
spaces created by the application of the Planned Residential Development shall be subject to
conditions deemed necessary by the Council to assure the preservation of such open spaces for their
intended purposes.
Subd. 5. Dedication of Open Space. The dedication and ownership of such open
spaces may be through: (1) Homeowners Association; (2) Landlord Maintenance; (3) Special Ser. ’ce
District; (4) Municipal Ownership; or (5) any other method deemed appropriate by the Council to
accomplish the purposes of this plan.
Subd. 6. Site Plan. The proposed site plan, including location, spacing and basic
design of proposed buildings, street and parking plans, water and sewer (public or private) plans, and
plans of open space available for park or recreational purposes, shall be submitted for approval by
the Planning Commission and the Council.
Subd. 7. Hea.’-ings. The Council may direct that a public hearing be held to review
such plans.
Subd. 8. Final Approval. Final approval shall not be granted until all conditions set
by the Council are met; and, fiirlher the Council shall not approve any such Planned Residential
Development prior to the legally binding establishment of the open space dedication, ownership and
maintenance provisions, such provisions to be guaranteed by bondmg or other means satisfactory
to the Council.
Subd. 9. Subdivision Requirements. All provisions of subdivision procedure
established by the City Code except as modified herein above, shall govern applications under this
plan.
Source: Municipal Code
Effective Date: 9-14-67
(Sections 10.33 through 10.39, inclusive, reserved for future expansion.)
ORONO CC 331 (4-1-84)
J
ORONO PLANNING COMMISSION
Monday, June 21,1999
ROLL:
The Orono Planning Commission met on the atx)ve date with the following members present:
Chair Elizabeth Hawn. William Stoddard, Sandra Smith, Dale Lindquist. Janice Berg, and
Jay Nygard. Commission Daniel Kluth was absent. The following represented City Staff:
Senior Planning Coordinator Mike Gaffron and Recorder Jackie Young.
Chair Hawn called the meeting to order at 6:30 p.m.
Hern #1 follows Item #8.
Item #2 follows Item #3
NEW BUSINESS: PUBLIC HEARINGS
(#3) #2496 PATRICK AND JEANNE OTLANAGAN, 3895 NORTH SHORE DRIVE, VARIANCES.
6:33 p.m. - 6:48 p.m.
The Certificate of Mailing and Afndavid of Publication were noted.
Patrick O'Flanagan. Applicant, was present.
Gaffron stated the Applicants are proposing to locate an existing detached garage onto their
property. Because it is an existing structure and not designed to be attached to the residence,
it is difficult to attach it to the residence on the property. The proposed detached garage is to be
located six feet from the side lot line where ten feet is required.
Gaffron stated the Applicants are also proposing to construct two decks onto the existing
residence. The proposed decks are to be located on the south side of the house and the west
side of the house. Variances are needed to side yard setback of an accessory building, rear
yard setback, and crowding principal building.
Gaffron remarked that the proposed hardcover is 33.7 percent and is under the allowable limit of
35 percent for this lot, which is comprised of 6,032 square feet, and is located within the
LR-1C zoning district. Gaffron noted that the Applicants have included a statement of hardship.
O'Flanagan stated the garage was given to him by some friends but he is not able to relocate the
garage on his property without a variance.
Smith stated she does not have a lot of concern regarding the rear yard setback, but expressed
concerns regarding the variance needed to the side yard setback. Smith inquired whether a portion
of the deck could be reduced to allow for the required ten foot setback.
O'Flanagan commented that the main entrance to the house exists in that area.
Stoddard inquired whether the neighboring property owner has expressed any concerns regarding
Page 1
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2496 PATRICK AND JEANNE O'FLANAGAN, CONTINUED)
this application.
O'Flanagan stated the neighbor has Indicated that he does not have any plans to develop that
portion of his property to his knowledge.
Smith commented that that property may be developed in the future and that the ten foot setback
is required for emergency vehicle access.
Hawn inquired whether there were any fire code issues that exist with location of the garage near
the residence.
Gaffron stated that if the structure was located within five feet of the residence, a fire wall would
need to be constructed. Gaffron remarked the bigger issue for the Planning Commission to consider
is the access to the rear of the property.
O'Fianagan stated a fire hydrant is located In front of his residence and that there is ample room on
the neighboring property for emergency vehicle access.
Hawn commented that a small lot does not constitute a hardship under the City’s ordinances.
O'Flanagan stated that the lot is very narrow and there is no other possible location for the garage.
Lindquist stated he also has concerns regarding the side yard setback.
There were no public comments.
Gaffron inquired how high above grade the deck to the rear of the property would be constructed.
O'Flanagan replied the deck would be three to four feet above grade.
Gaffron inquired whether a railing would be constructed around the deck.
O'Flanagan stated a railing would be constructed around the deck.
Smith noted that the improvements would be within the total structural coverage allowed on this lot,
but suggested that the Planning Commission look at the side yard setback issue more closely.
Hawn commented she does not see a hardship other than the fact that the lot is small.
Lindquist Inquired whether the garage could be located closer to the street.
Gaffron stated there would need to be a 30 foot setback from the street.
Stoddard commented he does not have a problem with this application.
Smith commented that this lot is not currently serviced by a garage. Smith inquired whether any
members of the Planning Commission had concerns regarding the proposed decks.
Lindquist stated he in his view he does not have a problem with the decks.
Smith inquired whether the Planning Commission was approving this application based on the
Page 2
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2496 PATRICK AND JEANNE O'FLANAGAN. CONTINUED)
small lot size.
Stoddard commented that that is a bigger issue than what is before the Planning Commission
tonight.
Hawn stated that the Planning Commission Is routinely asked to approve variances for small lots
and that this issue should perhaps be addressed.
Smith noted that the total structural coverage is under the allowable limits and that the Applicant
is not able to place the garage in a different location.
Stoddard moved, Lindquist seconded, to recommend approval of Application #2496,
to allow for the location of an existing detached garage and two decks on the property
located at 3895 North Shore Drive, and to permit a crowding principal structure variance
to allow a six foot wide deck to be constructed between the existing residence and the
proposed detached garage where ten feet is required, to permit a side yard variance
to allow the accessory structure (detached garage) to be located six feet where ten feet
is required from the side lot line, to permit a rear yard variance to allow construction of
the proposed 8 by 18 foot deck on the south side of the residence 24 feet from the rear
lot line where 30 feet is required, subject to inspection by the City Building Inspector of
the footings or slab on grade for the garage. VOTE: Ayes 6, Nays 0.
OLD BUSINESS
(#2) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD, AFTER-THE-FACT VARIANCE
AND CONDITIONAL USE PERMIT
Rick Luzaich, Applicant, was present, along with Phil Reznick, Attomey-at-Law, and Gary Mueller,
Landscape Architect.
Gaffron stated this application was reviewed at the May 17th Planning Commission wherein the
Planning Commission advised the Applicant that the proposed restoration plan was not appropriate
and the Applicant was directed to submit a revised plan after consultation with Staff and the City’s
consulting forester.
Gaffron stated that the Applicant submitted a revised plan prior to meeting with the Cil/s consulting
forester, which incorporates a single retaining wall at the base of the slope along with replacement
of a small number of trees along the sides of the property. The Applicant ’s landscape architect and
the City's consulting forester discussed the proposal, and concluded that their individual strategies
for restoration of this property are quite different. Gaffron noted that it is the City’s goal to have the^
lakeshore restored to a wooded, natural appearance as quickly as possible, and while the Applicant's
plan is a good 'andscape plan, it is not a restoration plan.
Gaffron reviewed the City's consulting forester's comments and recommendations regarding the
restoration of this property, noting that a total of 17 trees with a stump diameter 12 inches or
greater were removed from the lake side of the residence, with the value of the removed trees being
estimated at $48,000. It would generally be unreasonable to expect restoration costs to exceed this
amount. Bedker is recommending that 29 trees of two inch caliper on a 25 inch average spacing
would be needed to eventually replace the 14,450 square feet of lost canopy, with larger 4.0 to 4.5
inch caliper trees being placed at the top of the slope to soften and obscure the roofline of the
Page 3
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2492 RICK AND GAIL LUZAICH. CONTINUED)
existing residence as viewed from the take. Bedker is also recommending that the majority of the
existing stumps and root systems remain in place to stabilize the slope, as well as hand planting of
the trees to avoid disturbing the soil. Bedker has indicated that the retaining wall at the base of the
slope is not necessary for stabilization of the slope.
Gaffron stated the Applicant is proposing four birch clumps at the base of the slope and a half-dozen
maples along the two sides of the site, along with other proposed shrubbery along the edges of the
lot or on the lake side of the retaining wall.
Gaffron noted that the Applicant's revised proposal makes no attempt to, over time, restore the site
to Its original appearance in compliance with the City's Comprehensive Plan and Zoning Code which
states; Lake shorelines will be protected from alteration. Natural vegetation in shoreland areas
will be preserved Insofar as practical and reasonable in order to retard surface runoff and soil
erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil or wave
action erosion, natural stone rip-rap shoreline protection will be encouraged. In addition, retention
of natural vegetation will limit the impact of urbanization as visible from the lake. Building heights
will be limited to less than the typical tree height. Minimum green belts will be provided with
prohibitions against clearcutting or excessive thinning of vegetation. Natural vegetation will be
preserved on slopes. Retaining walls will be discouraged except when absolutely necessary to
prevent erosion, in which case they will be screened with natural vegetation.
Gaffron suggested the Planning Commission has the option of denying this application, and sending
it on to Council, noting that the revised landscape plan does not meet the restoration goals of the
City; or this matter could be tabled to allow the Applicant time to submit a revised plan in accordance
with the City forester's recommendations.
Reznick commented that the Applicant's revised plan was submitted in May but that the City's
forester was not provided with the necessary information until this past Friday. The Applicant's
landscape architect was not able to meet with the City's forester due to the short time period
before tonight's meeting.
Reznick stated that the four inch diameter trees are too large to bring in to be planted, and that
the Applicant should not be penalized by having to plan trees in excess of $48,100.
Stoddard remarked that the Applicant is not being requested to plant trees in excess of $48,100,
noting that the forester states that it would be unreasonable to expect restoration costs to exceed
that amount.
Reznick stated in his opinion the value of the trees removed should not have a bearing on what is
being proposed for restoration and is irrelevant.
Nygard stated that the number of the trees cut down is completely relevant, noting that it is against
City's regulations regarding clearcutting of property.
Reznick stated the issue before the Planning Commission is what to do with the property now and
that the Applicant should not be requested to plant mere trees than what was removed. Reznick
commented that a majority of the trees to be replanted are located within the site line from the
house to the lake and that the property owner does have a right to trim the trees located within the
sight line. Reznick stated that the trees removed were removed to provide a view to the lake.
Luzaich commented that their revised plan is a compromise by providing reforestation as well as
Page 4
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2492 RICK AND GAIL LUZAICH, CONTINUED)
providing a view of the lake. Luzaich stated that the amount of trees recommended by the City's
forester to be planted are excessive and that the trees will need to be trimmed to provide a view of
the lake. Luzaich remarked that he would also like to plant vegetation along the slope rather than
let weeds grow.
Smith stated that the forester Is recommending natural vegetation on the slope and that some
reconciliation of the two plans needs to be accomplished.
Mueller stated that the revised plan was submitted shortly after the last Planning Commission
meeting and attempts were made to follow the directions of the Planning Commission as far as
replanting of the trees, noting that the trees and shrubs that were selected are intended to blend in
and look like they belong along the lakeshore, which was one of the objectives that the Planning
Commission had stated at the last meeting.
Mueller stated that the property owner should have the right to have a view of the lake, noting that
the forester's plan does not allow that view and would create more of a wall of vegetation.
Mueller remarked that he made numerous attempts to contact Paul Weinberger in an effort to
obtain the name of the City's forester and was not able to reach him until June 7th. Mueller stated
he was not able to contact the forester until June 11th and was informed that he just received the
information regarding this application the other day. During the conversation with the forester it was
apparent that the forester was not provided with the revised landscape plan by the Applicant. The
forester's plan was not received until the 14th, which did not allow time for the Applicant to meet
with the forester and to develop a revised plan based upon his recommendations.
Mueller remarked that there are discrepancies in the number of trees and the size of the trees
that were purportedly removed, and that these issues will need to be worked out before another plan
is revised. Mueller commented that the Applicant's landscape plan was designed to meet the
spirit of what the Planning Commission had recommended at the last meeting.
Stoddard commented that the Planning Commission wanted the Applicant's landscape architect
to meet with the City's forester in order to develop a plan that would be agreeable to all parties and
is in compliance with the City's Comprehensive Plan. Stoddard stated he would like Mueller to
meet with the City's forester in order to address some of these issues.
Hawn stated that there are some deficiencies in the Applicant's landscape plan which need to be
addressed, and suggested that Mueller meet with the City's forester to discuss these issues.
Hawn noted that the Comprehensive Plan calls for restoration of the canopy that was removed.
Lindquist stated that it was clear at the last Planning Commission meeting that the City was looking
for restoration of this area, which is still the City's goal for this property.
Luzaich remarked that in his opinion this landscape plan does meet that objective.
Reznick stated that the revised landscape plan does include vegetation and trees that are
indigenous to the area as was specified by the Planning Commission at the prior meeting. Reznick
inquired where the term reforestation is used in the Code, and what is the City's authority to
require restoration.
Hawn stated that the City's goal is to re-establish what was removed, which is something that the
Page 6
t I «r; 19
rtrii wt [•Ttn iWilWiliiy
U9l«
•II •
• kl fI •]! (ilt ■ •] llil rtI#T#:T#l iW#1 [•iiitiiiiriitvtioi*
• I U-ItAVilU •Itliki •]Mm k««
•llltU*T#r#:T«
•If [• ■ n C9XlW9T91 r9inr»i9Ttv:T«r*{^9iHu ■•>:
[•l9lfkU«:|9lF:r^lfl {• I •!* f: 1 •
•IHff9 •II [•■•Ul*
•l9[9hll9E»(9
•)>:19 • fc
r*TllC9S:MC9
•Tdraf;•)flll9 fWlX9rOW:W9 kl w
: ] •] •] [If: 1 (!•! II k »•T^Ti iT;l • M9
[•■liT:OTn [iXTl iTsXlI^rarW:
•i9>ir9
fn ii ni XI m§€i ix«xi iivaii* ■
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#4) #2497 GAIL S. BRINER. 1760 SHADYWOOD ROAD • VARIANCE, 7:46 p.fn. - 7:59 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Gail Brlner, Applicant, was present.
Gaffron stated the Applicant is proposing to rebuild an existing rotting deck, which has been
removed. The new proposed deck wilt be in the same location and the same size. The deck
area lies within the 0-75' lakeshore setback area. The hardcover amount for the lot will not increase
with the new deck, which is at 11.94 percent.
Gaffron stated that variances are required to the lakeshore setback to allow the proposed deck
to be located within 75' feet of the lakeshore and to permit hardcover in the arrount of 11.94 percent
in the 0-75 ’ lakeshore setback area to permit the construction of the propo*;p": deck. 1 ne amount
of hardcover allowed in this area is zeio percent. The ha'dcover will not increase because the
proposed deck is to be the same size as the one removed.
Gaffron inquired whether there will be a railing on the deck.
Brlner stated there will not be a railing.
City Staff recommends approval of the application since it is replacement of an existing deck.
Hawn inquired whether the proposed new deck exceeds the old deck.
Briner replied the deck is in the same location and the same size as the existing deck. Briner
stated the deck was constructed approximately 25 years ago and has deteriorated over the years.
Lindquist stated he does not have a problem with this application.
Smith inquired whether the deck could be reduced somewhat to lower the amount of hardcover in
the 0-75* setback.
Hawn inquired whether the amount of rock could be removed to lower the hardcover in that area.
Lindquist noted that the Applicant is merely replacing an existing deck.
Smith stated the Planning Commission in the past has reviewed these properties whenever a new
application is submitted in an effort to see what other steps could be taken to bring the property
more into compliance. Smith inquired whether the Applicant would be willing to reduce hardcover
somewhat.
Briner stated the rock and plastic have been there since she purchased the property in 1967.
Smith stated by removing the plastic and rock, it would allow the runoff to go directly into the ground
rather than into the lake.
Lindquist stated he would like to see the plastic removed under the rock.
Gaffron remarked that the rock comprises 570 square feet of hardcover.
Briner's contractor commented that they could remove the rock and plastic under the deck.
There were no public comments.
Page 7
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2497 GAIL BRINER, CONTINUED)
Lindquist moved. Smith seconded, to recommend approval of Application #2497,1760
Shadywood Road, to allow the Applicant to rebuild an existing rotting deck, and to
grant a lakeshore setback variance to allow the proposed deck to be located within
75* of the lakeshore and to grant a hardcover variance to allow 573 square feet of hardcover
in the 0-75* lakeshore setback area to permit the construction of the proposed deck, subject
to the rock and plastic underlayment being removed under the deck and plastic removed
from under the rock that is not under the deck. VOTE: Ayes 6, Nays 0.
OLD BUSINESS, CONTINUED
(#2) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - AFTER-THE-FACT
VARIANCE
AND CONDITIONAL USE PERMIT
Reznick stated that they would like the Planning Commission to vote on this application tonight.
Stoddard moved, Lindquist seconded, to recommend denial of Application #2492,2490 Old
Beach Road, for an after-the-fact variance and conditional use permit for a retaining wall,
and recommend to the City Council that the Applicant and the Applicant's Landscape
Architect meet with the City's Forester in order to revise a new landscape plan for
consideration by the City Council which is more in accordance with the recommendations of
the City Forester in order to allow this item to be expedited. VOTE: Ayes 4, Nays 2,
Smith and Berg Opposed.
Smith stated she was opposed to this application due to the lack of direction being given by the
Planning Commission to the City Council on the revised landscape plan that is to be submitted.
Berg stated that the Planning Commission should vote on the plan that is to be presenteo to the
City Council.
NEW BUSINESS: PUBLIC HEARINGS, CONTINUED
#5) #2499 THOMAS AND MARILYN SWANSON, 1740 SHADYWOOD ROAD - VARIANCES,
8:03 p.m. -8:16 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Thomas and Marilyn Swanson, Applicants, were present.
Gaffron stated the Applicants are proposing to assemble a temporary screen enclosure, 10’ by 17'
on an existing deck. The screen enclosure will be assembled in the early spring and taken down
in the late fall. The screen enclosure and existing deck are located within the 0-75’ lakeshore
setback. The structural coverage would Increase with the screen porch, however, the hardcover
amount does not change.
Gaffron stated that a lakeshore setback variance is required to allow a 10* by 17' screen porch on
an existing deck to be located within 75' of the lakeshore and a hardcover variance to allow 1,973
square feet, or 21.5 percent, in the 0-75' lakeshore setback area where zero percent is allowed.
Page 8
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2499 THOMAS AND MARILYN SWANSON, CONTINUED)
Gaffron remarked that one Item for consideration by the Planning Commission is determining
when something becomes permanent as opposed to temporary.
Swanson stated that they would like to assemble this screen porch to allow them to sit on their
deck during the evening hours. Swanson remarked that the contractor is installing these screen
porches throughout the metro area.
Mrs. Swanson noted that the roof of the screen porch would not support the snow during the
winter and would need to be removed.
Swanson commented that the structure is designed to allow removal of the screens, noting that the
structure itself is placed on top of the existing deck.
Smith stated in her opinion this structure should be considered permanent.
Gaffron noted that City Code does not permit structures within the 0*75' lakeshore setback.
Lindquist commented that this structure should be treated as permanent.
Smith noted that the Applicants are slightly over on their hardcover amount but that structural
coverage is fine. Smith stated that the City would not be able to monitor that this structure is
removed in the fail and that this structure should be considered as permanent.
Lindquist stated he probably will not support this application due to adding more structure in the
0-75' setback.
Smith inquired whether there was other hardcover that could be removed in that area.
Mrs. Swanson stated that the dog house and concrete pad has been removed.
Swanson noted that the contractor does charge a small fee for removing and installing the screens.
There were no public comments.
Smith moved, Berg seconded, to recommend approval of Application #2499,1740
Shadywood Road, to allow a 10' by 17' screen enclosure on an existing deck, and to
grant a lakeshore setback variance to allow a 10' by 17' screen porch on an existing
deck to be located within 75' of the lakeshore and to grant a hardcover variance to
allow 1,973 square feet of hardcover in the 0-75' lakeshore setback area where zero
square feet is allowed, with the understanding that future applications for additional
hardcover, especially in the 0-75' setback, on this property will not be looked favorably
upon by the Planning Commission. VOTE: Ayes 5, Nays 1, Lindquist Opposed.
Lindquist stated he was opposed to this application because it increases the structural hardcover
in the 0-75' setback and is not consistent with previous votes by the Planning Commission on
similar applications.
Gaffron inquired whether the Planning Commission is allowing this structure to remain on a
permanent or temporary basis.
Page 9
ORONO planning COMMISSION
MONDAY, JUNE 21,1999
(#2501 CITY OF ORONO, CONTINUED)
Gaffron remarked that the Planning Commission could approve this project and recommended
that it be reviewed by the Parks Commission.
Lisa Olson, Stubbs Bay Road, commented that she has approached the Hennepin Park
Commission and the Orono City Council with concerns regarding a long history of trespassing in
that area, and that she would like to see this area remain more private. Olson requested that
Item #9 from the City's Comprehensive Plan be read into the record.
Hawn stated Item #9 states that the lake shorelines will be protected from alteration. Natural
vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to
retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be
prohibited. In areas of soil or wave action erosion natural stone rip rap shoreline proetection will
be encouraged.
Olson stated that this area experiences a significant amount of water runoff down Stubbs Bay
Road and that the wetland is needed to filter that water before it goes into the lake. Olson
commented that the quality of the deck is poor and that no garbage can is located in the area,
with little or no effort on the part of the City as far as cleanup of the area. Olson encouraged the
Planning Commission to maintain the wetland as is.
Berg commented that the dock needs to be relocated so it lies within City-owned property.
Gaffron stated the City is attempting to establish a walkway to the City-owned dock, noting that
the Public Works Director is not available tonight to answer these questions.
Stoddard commented he would like to have these issues addressed and that perhaps this matter
should be tabled.
It was the concensus of the Planning Commission that the publi access to Stubbs Bay be
maintained.
Lindquist stated without a survey, the Planning Commission is not able to determine whether the
dock is located on City property.
Stoddard moved, Hawn seconded, to table Application #2501, 3601 Bayside Road, to
allow the Parks Commission and City Engineer to review this application to determine
whether an alternative to filling the wetland exists, whether the dock needs to be
handicapped accessible, and to determine the correct location of the dock and walkway.
VOTE: Ayes 6, Nays 0.
SKETCH PLAN REVIEW
(#8) #2498 MOLLY AND DRAPER JAFFRAY, 2620 FOX STREET - SKETCH PLAN
Molly and Draper Jaffray, Applicants, were present.
Gaffron stated the Applicants are requesting a Sketch Plan Review for a two-lot subdivision for
property located at 2620 Fox Street in Orono. The existing 4.1 acres is developed on one residential
site with access being gained from Fox Run. The proposed lots would create a property boundary
along an existing drainageway, which will minimize the amount of drainage easement area to be
Page 12
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
dedicated.
(#2498 MOLLY AND DRAPER JAFFRAY, CONTINUED)
Gaffron stated that the septic testing must be completed on both properties resulting in two sites
on each lot.
Jaffray stated that septic testing has not been completed on the property.
Gaffron stated the proposed lot arrangement would result in Lot 1 being comprised of 2.085 acres
and Lot 2 being 2.018 acres. Gaffron noted that no drainageways or wetlands have been subtracted
from this gross area, and that this area lies within the RR-1B Zoning District, which has a minimum
of two acre lots.
Jaffray commented that the drainage issues need to be addressed more closely, noting that the
Public Works Department recently completed some work on the existing culvert in the area.
Gaffron remarked that traffic along Fox Street is expected to become heavier in the future,
especially if a stoplight is installed at Orono Orchard Road and County Road 15 at some future
date.
Gaffron stated the primary issue for the Applicant to consider is how much available acreage will
be left once drainageways or wetlands have been subtracted from the total acreage, noting that
not enough information has been obtained at this point to make that determination.
Stoddard remarked that if the lots are smaller than two acres, it would be unlikely that this
subdivision would be approved.
Gaffron stated that the City has not approved subdivisions with substandard area lots in the past.
Stoddard recommended that the Applicant discuss this project with the Minnehaha Watershed
District to determine whether it has been delineated as a wetland and what the Applicant's options
are concerning the wetland.
Jaffray stated that he has a person interested in purchasing a portion of this property, which is the
reason for the subdivision.
Gaffron commented that perhaps a small section could be acquired from the adjoining property
owner should the lots be less than two acres. Gaffron recommended that the Applicant meet with
City Staff to discuss these issues further, noting that there is a possibility that the Applicant may
not be able to proceed with the subdivision if the lots are less than two acres.
Lindquist noted that a two acre minimum is required for this zoning district.
Havm suggested that the Applicant have the septic sites tested as well.
OLD BUSINESS. CONTINUED
(#1) #2488 GREGG KLOHN, 4455 NORTH SHORE DRIVE - VARIANCES
Gregg Klohn, Applicant, was present.
Gaffron staled this application was tabled at the May Planning Commission meeting to allow the
Applicant lime to review other possible locations on his property to rebuild his damaged garage.
Page 13
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2488 GREGG KLOHN, CONTINUED)
The Applicant, upon review of different options and meeting with staff, has indicated that he would
like to stay with his original plan. The location of his well and a power pole make it difficult to
locate the garage on the northeast section of the lot. In addition, if the garage were to be located
on the northeast section of the lot, a tum-around area would be needed, which would increase the
amount of hardcover.
Gaffron noted that Applicant has indicated he will remove an existing shed when he replaces the
garage which changes the proposed hardcover amount in the 200-500* area. The existing hardcover
is 32.8 percent and the new proposed hardcover is 34.2 percent. Variances to side yard and rear
yard setbacks as well as hardcover are needed.
Klohn stated that the non-conforming shed would be removed.
Smith inquired whether City Staff had a recommendation concerning this application.
Gaffron stated it is City Staffs recommendation that this application be denied.
Klohn remarked that he did review other possible locations for the garage but that no other suitable
sites exist for the garage.
Hawn commented that she has a difficult time with this application in that other choices could be
made concerning location of the garage.
Klohn stated that he could construct the new garage in the same location as the previous garage.
Hawn stated that the new location is not a significant Improvement.
Berg commented that in her view the garage should be located further back.
Klohn stated that he does not want to lose additional trees, noting that he lost some during the
windstorms last year.
Lindquist stated the Applicant can request that the Planning Commission vote on this application
as presented tonight and proceed on to the City Council, or he could request that this Item be
tabled to allow the Applicant time to submit a revised plan. Lindquist commented in his view this
application will probably be denied by the City Council and then the Applicant would need to submit
a new application.
Gaffron stated the Applicant could elect to submit a new application to construct a new garage in
the location of the previous garage.
Klohn inquired whether that option would be available at the City Council level.
Gaffron remarked that that option would nec J to be reviewed by the Planning Commission.
Klohn commented that short of removing trees and doing excavation, no other suitable site exists
for location of the new garage, and that he would like to replace what he previously had.
Hawn stated that the Planning Commission needs to act on what is before them tonight.
Klohn requested that the Planning Commission act on his application as presented.
Page 14
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#2488 GREGG KLOHN. CONTINUED)
Lindquist moved, Berg seconded, to deny Application #2498, 2620 Fox Street, for a
14* by 24* garage due to the proposed location of the new garage being too close to
side yard and rear yard setbacks as well as exceeding the allowable hardcover in the
250>500 ’ iakeshoie setback.
K!ohn stated he had previously been approved for that amount of hardcover.
Hawn commented that this is a new proposal and that the previous permit has elapsed.
Lindquist stated that the allowable hardcover is 30 percent, with this application requesting 35.3
percent.
Hawn stated that hardcover is approved per design or application and does not carry over from
previous applications.
Berg commented that the Applicant chose not to build that much hardcover in regards to his
previous application.
VOTE ON THE ABOVE MOTION; Ayes 6, Nays 0.
(#11) PLANNING COMMISSION APPROVAL OF MINUTES FOR MAY 17,1999
Berg moved, Lindquist seconded, to approve the minutes of the May 17,1999 Planning
Commission meeting as submitted. VOTE: Ayes 5, Nays 0, Smith Abstained.
(#9) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL
MEETINGS ON MAY 24,1999 AND JUNE 14,1999
Stoddard stated he attended the June 14th City Council meeting, noting that the application
regarding the residence on Ferndale Road was discussed.
Gaffron commented that the residence is partially located In the 100 year floodplain.
Stoddard stated that the Applicants decided to remove the entire structure and do a rebuild.
Stoddard commented that the Planning Commission needs to have clearer direction on what
constitutes a rebuild.
Gaffron stated if more than 50 percent of the residence Is new, then it should be considered a
rebuild, in his opinion, but the City has not established a policy on this.
Stoddard requested that Gaffron review what other communities do regarding rebuilds.
Berg stated she attended the May 24,1999 City Council meeting, noting that the application by
Renckens/Winston was discussed, noting that the Applicants did not want the road going through
their property.
Gaffron stated that application was denied, noting that the Council felt the 50' outlet should be
required.
Page 15
ORONO PLANNING COMMISSION
MONDAY, JUNE 21,1999
(#12) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JUNE 28,1999
AND JULY 12,1999
June 28.1999 - Smith July 12.1999 - Nygard
(#10) OTHER ISSUES FOR DISCUSSION
Smith commented on the letter received from Edmund Rydell, 135 Orono Orchard Road North,
and inquired whether someone from City Staff could discuss this issue with him. Smith stated
that the brush site utilized by Long Lake has been an issue for some period of time now.
Gaffron stated that the property is located in Long Lake and is not owned by the City of Orono.
Smith stated that she would like City Staff to discuss this issue with Rydell to let him know of
the steps that have been taken by Orono to help correct this situation. Smith commented that
perhaps some better landscreening could be utilized.
Hawn suggested that perhaps this issue be discussed with Long Lake.
(#24) ADJOURNMENT
Lindquist moved, Berg seconded, to adjourn the meeting at 9:56 p.m.
VOTE: Ayes 6, Nays 0.
Elizabeth Hawn, Chair
Page 16