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, : , Street Address: Mailing Address:
�`9kEgg0g'� 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
August 15, 1997
Samuel A. McCloud
P.O. Box 216
Shakopee, MN 55379
Re: 470 Big Island
Dear Mr. McCloud:
I am receiving inquiries from parties interested in purchasing your property on Big Island. Please
be aware that I still have an open file on your illegal lakeshore deck. I thought we were making
progress on this in 1993 but the matter is yet unresolved. Please contact me at 473-7357 to discuss
what steps are needed to put this to rest.
Sincerely,
�� �� �
Michael P. Gaffron
Senior Planning Coordinator
cc: Lyle Oman, Building Official
Telephone (612) 473-7357 • FAX 473-0510
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`qkESKpg' 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
September 27, 1994
Mr. Samuel McCloud
5101 Highway 55 #1000
Minneapolis, Minnesota 55422
___.�r-- _
Re: 470 Big Island
�_.__
Dear Mr. McCloud:
I am advised that you have applied for the homestead tax credit for your property on Big Island.
This is to advise you that per the municipal code sections attached, a conditional use permit is
required for RS District occupancy exceeding 180 days in one year, or regardless of the duration
of use where a homestead credit is claimed.
I am enclosing the conditional use permit application form for your use.
Additionally, I still have an open file on your illegal lakeshore deck. This application was tabled
by the Planning Commission in January 1993 pending your revised proposal, which has never
been submitted (see Planning Commission action notice dated 1/27/93). It is imperative that this
matter be resolved as soon as possible.
Please contact me at 473-7357 if you have questions on any of the above.
Sincerely,
Michael P. Gaffron
Asst. Planning & Zoning Administrator
MPG/ch
Enc.
cc: Jeanne A. Mabusth,'Building & Zoning Administrator
Rolf Erickson, City Assessor
Telephone (612) 473-7357 • FAX 473-0510
§ 10 .31
long established policies encouraging eventual public ownership of
the islands as recreational resources for general lake users. In
addition, limited private seasonal recreational use would be
allowed to continue indefinitely, subject to strict conformance
with special health and safety standards. The "RS" District is
established to implement these special planning policies.
Subd. 2. Permitted Uses. Within any "RS" Seasonal
Recreational District, no land or structures shall be used except
for any one of the following uses:
A. Seasonal Dwellings . One family detached
dwellings us e r°randanotato ber the ownerss "prin�ioal res 8dence°
in any one y ,
for homestead tax credit purposes.
B. One family, seasonal recreational use of land
without structures, or with accessory structures only, such as tent
camping or day-i al st uctureC sh 11 be rl mited to rone toa more an�d
without a princ p
the following :
1., Docks conforming to City and LMCD Code
requirements .
�� 2, Not more than one storage building not to
exceed 120 square feet in area.
� 3 , Firerings or barbeque pits .
4, Open deck or screen house not to exc�ed 300
square feet in area.
5, Not more than one toilet building or
outhouse which must conform in location and design to the
requirements of Subdivision 12 of this Section.
6, Tents or similar temporary structures to be
in place not to exceed 180 days in any one year .
C, Publicly owned and operated parks, nature areas
or wildlife preserves, for day use only, when operated by the City,
the Hennepin Park Reserve District or by the Minnesota Department
of Natural Rsubuect to CouncilCrevi ew�andtapprov ls built thereon
shall remain �
Subd. 3•, t�nol landaor Ust uctureshshall ber,u sed for� the
Recreational Distric ,
following uses except by conditional use permit:
A, Principal Dwellings. One family detached
dwellings used or occupied for 181 days or more in any one year , or
any dwelling regardless of the duration of use for which the owner
wishes to claim a "principal residence" homestead tax credit. A
conditional use permit may be issued for such non-seasonal .dwelling
ORONO CC
305 (4-1-84)
� 10 . 31
S�! use provided the applicant demonstrates and the Council finds that
the property is large enough to be permanently self-supporting in
terrns of water supply and sewage treatment, and that extra Persons .
precautions are taken for fire protection and security of p
and property, as follows :
l. The minimum dry buildable record lot area
required for approval of a principal dwelling condi�o�ailofsa
permit without a variance shall be 5.0 acres. APP
principal dwelling conditional use permit on an existing record lot
of less than 5.0 acres shall be subject to strict showing of
compliance with health and sanitation performance standards.
2, An on-site sewage treatment system shall be
provided in conformance with the requirements of Subdivision 12 of
this Section.
3, A do mestic water well shall be provided
which conforms to current Minnesota Health Department regulations
for depth, for setback fro m Iake , wetland and sewage treatment
system components, and which is capable of supplying domestic fire
protection.
4. The dwelling shall be built or rebuilt to
conform to current State Building Code requirements temdand
provision for a permanent foundation, a heating sy
insulation conforming to energy code standards .
5 , The dwelling shall be equipped with
approved smoke detection devices, and with some form of manual or
automatic fire extinguishing equipment.
6 , The dwelling sha11 be provided with
telephone service.
'7, The lot or parcel shall be located directly
on the shoreline or other access shall be available via a privately
improved and maintained access to the shoreline .
g, All property in common ownership shall be
combined into one tax parcel if contiguous ; or if separated by
public rights-of-way, a special lot combination form shall be
executed and filed in the chain of title of each separate parcel.
g. Private Guest Cabins. Accessory separate
dwellings or sleeping quarters containing indoor toilet and/or
kitchen facilities located on the same lot, parcel or property as a
permitted seasonal dwelling or as a conditionally permitted
principal dwelling. A condition�ovidedP thel a p1i ant Sdemonstrates
or more private guest cabins p P
and the Council finds that the additional living or sleeping
facilities will not contribute to overcrowding or overuse of a
small property, will not adversely affect neighboring properties,
and that extra private precautions are taken for fire protection
- � and security of persons and property, as follows:
ORONO CC
306 (4-1-84)
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
NELD JANUARY 19, 1993
ROLL
The Orono Planning Commisslon met on the above date w ( th the
following members present : Acting Planning CommiJeffnJohnson
Maureen Beilows , Charles Schroeder, Candace Rowlette ,
and Ed Cohen . Stephen Peterson was absent . The following
represented the City Staff : Zoning Administrator Jeanne Mabusth ,
Septic Manager Stephen Weckman , and City Recorder Teri Naab .
Edward Cai �Wsacai 1 ed tlhef ineebb ngr tonorder Iatn7 00 p,m re present .
Chair Bello
(#1 ) #1627 SAMUEL A. MCCLOUD,
BIG ISLAND RECORD LOT 22 -' VARIANCE -
CONTINUATION OF PUBLIC HEARING 7 :00 - 7 : 25 P•M-
David Anderson was present for the application .
Mabusth reviewed the former application for the Planning Commission
that involved a lot Ifne rearrangement in Mar�eta9ninganwalisaftand
the-fact varlance dealing with decking ,
extensive stairways , which were constructed some time after the
1987 storr�. She noted 40 s . f . of the deck attached to the existing
residence and ail decking near the lake are within the 0-75 ' zone .
Proposed hardcover within the lakeshore has been reduced and
retaining walis remain , which the appl ( cant proposes to min (mize
the 3. 2 to 5 visna�hem�Pa75 ,wZonepversusg10 . 8%eexi�stingnt proposes
3 . 2% hardcover
Anderson reviewed the types of piantings he proposes for the
property .
Cohen asked what comprises the 3 . 2% hardcover proposed .
Mabusth explained prior to the 1987 storm,
the property had
approx i mate ( y 1% 0-75 ' ha�rd��her Ste p s� opes g The S 3a 2% aproposed
lake necessary because
hardcover ( ncludes the 40 s . f . of deck attached to the dweliing .
Chair Beilows expressed concern about atlowing the retafnin9 waand
to rema( n , wh i ch ( n essence i s th i i ca�t ef rom�rebu i i d�ng� the� deck
questioned what is to stop the apP
areas . She asked how thn a�ong� the retafning wal�ls, about the
plant ( ngs versus the rall ( 9
Mabusth stated plantings as such have been approved before in other
locatlons.
1
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD JANUARY i9, 1993
ZONING FILE #1627 - CONT.
Rowlette felt they shouldab�ecl�sion the �pportunity to review the
property prior to mak ( ng
Cohen stated he W� 75 ' zone ,aand agre d welth Rowlette thatCthey
instailed within the
should be allowed to inspect the property.
Chair Bellows indicated the ndap°onlbysa basCe�sed engineerAeShe
opinion , not a s ( gned recomme
felt if this were approved they would be aliowing a potential for
the decks to be rebuilt � ousheandtshe . feht that shouadCbeareduced
to the residence is enorm ,
to meet the 75 ' setback .
Anderson stated his client would not obJect to reducfng the size
of the attached deck .
Cha i r Be 1 I ows suggested tthe Ifo I I oweng pp i)+ thef eng 1 nee ri ng totbe
app I i cant tri me to comp l ete
2 )
done properly, including modification of the retaining walls ;
revise the pians so that any flat area remaining is not wider than
3 ' ; 3 ) deck attached to cabi � toob� �onseofdretaaningtwa� { snneeded
the 0-75 ' setback area; and ) P
to support decks to be removed .
Johnson asked how much of thehoWt muchgwas, Ibulylt QtoW supportaithe
to reta( n the slope versus
deck ( ng . He supported the Idea of retaining the slopes that fel
in from the storm.
Anderson stated he could not answer that question .
It was moved by Cohen , seconded by Schroeder , to table Appllcat (on
#1 627 for Samue I A. McC I oud , B � groposal and rsubm i t2 anyt add i t wona i
appl ican t t i m e t o r e v i s e h i P
required documents. Ayes 5 , nays 0.
Cha i r Be I I ows recommended thei o�Pp �o v ins 1 t the prope(rtyproposa I i n
time for the Planning Commiss
2
. . . �
CITY OF ORONO ZONING FILE 1627
P.O. Box 66 NOTICE OF PLANNING COI�iISSION
Crystal Bay, NIl1 55323 ACTION
473-7357 DATE OF NOTICE: 1/27/93
--------------------------------------------------------------
TO: Sam McCloud COPIES TO: David T. Anderson �
5101 Highway 55 The Village Craftsman, Inc.
Minneapolis, MN 55422 701 West Highway 7
Excelsior, MN 55331
------------------------------------------------------
TYPE OF APPLICATION: Variance
---------- -----------------------------_
DATE OF MEETING: 1/19/93 VOTE• 5 FOR 0 AGAINST
Planning Commission recommends the following:
Tabled for reasons noted below
NOTES AND SPECIAL CONDITIONS :
Applicant to do the following:
1 . Provide registered professional engineer certification
for the retaining walls .
2 . "Provide plans to modify walls such that terrace widths do
not exceed 3 ' .
3 , Portions of retaining walls serving merely to support
deck must be removed.
4 . Bring this back to Planning Commission after ice-out
(shoot for the June 21 Planning Commission meeting) .
Applicant' s next scheduled meeting is dependent upon receipt
of additional information. Deadline for the June 21 meeting is
June l, 1993 .
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.
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� - ,� �_ On the North Shore of Lake Minnetonka
February 19, 1991
Carter DeLaittre
� Lambert & Boeder
1000 Superior Blvd
Wayzata, MN 55391
Re: Samual A. ricCloud - Big Island
Dear Mr. DeLaittre:
As we have discussed, this letter is to update you on the
incomplete status of our zoning file # 889 , a lot line
rearrangement subdivision request in 1985 by Eugene Nelson and
Jay Smedberg for Big Island Records Lots 16 and 22.
Enclosed are various items of correspondence and Planning
Commission/Council meeting minutes from 1985.
The application is requesting City approval for a split of
the parcel of land, P.I.D. #22-117-23 41 0001, adjacent to Lots 6
through 11, Morse Island Park.
Apparently, in 1970, a torrens action resulted in dividing
this parcel into two deeded parcels, the division line being the
extension of the line between Lots 9 and 9. However, that
subdivision required City approval, which had never been applied
for nor granted. _
In 1983, the City of Orono rezoned Big Island and defined
"record lots" which recognized historic patterns of use and
ownership, with the intent of keeping substandard, commonly owned
lots permanently in common ownership. Regarding Record Lots �16
and 22 , former City Planner Alan Olson had a number of
conversations with the various members of the Nelson family, and
then determined appropriate combinations of parcels to create
record lots. In 1985, when Eugene Nelson was in the process of
selling R.L. #22 to McCloud, it became clear that P.I.D. 22-117-
23 41 0001 existed in Hennepin County tax records as one parcel,
not reflecting the torrens action. Therefore, Nelson and
Smedberg (then contract-for-deed owner of Record Lot #16) applied
jointly f or a lot line rearrangement/subdivision for tax purposes
to gain City approval of this split:
BUILDING&ZONING-473-7357 • ADMINISTRATION&F7NANCE-473-7358 • PUBLIC WORKS-473-7359
ASSFSSING FAX-473-0510
, ^r �
Carter Delaittre �
� February 19, 1991
Page 2 of 3
In reviewing the staff inemos and Planning Commission/Council
minutes, I think you will find that Smedberg was less than
cooperative in allowing the subdivision to be completed. While
neither Planning Commission nor Council objected to the division,
Smedberg requested and was granted a tab 1 ing of the request f or 6
months so he could "research his options" for use of his.
property. This attitude resulted from one caveat of the
subdivision resolution which would require tax combination of all
the parcels within each individual record lot. The application
was tabled on March 25, 1985 and has never been rescheduled for
action. Apparently, Nelson and McCloud were able to close on
their transaction absent City subdivision approval, and none of
the involved parties have pushed for completion of this
application since that time.
I should note that Mr. McCloud did return executed
"automatic lot area variance" resolutions to my office on July �
26, 1985. Because the subdivision has never been finalized, the
automatic lot area variance forms have never been finalized,
which means that technically no permits can be issued for this
property until a lot area variance is granted and the subdivision
is resolved.
My recommendation to you is as follows:
l. As part of your after-the-fact variance request, you
should request City approval of the automatic lot area
variance resolution, which action was stalled out in 1985.
'2. Mr. McCloud and the current owner of Record Lot 16
should jointly request reopening of the tabled subdivision
application #889, to be reviewed concurrently with the
variance request. For the record, Record Lot 16 al so has
never been granted the automatic lot area variance.
Also, be aware that Municipal Zoning Code Section 10.31, '
Subdivision 6 (B) disallows issuance of building permits until
the lots have been legally combined for tax purposes. Further,
Section 10.31, Subdivision 12 (D) requires that all seasonal
dwel lings over 800 s.f. of f loor area be provided with a fully
conforming on-site sewage treatment system. Issuance of an
after-the-fact permit for the room additions will be predicated
on these requirements being met.
. '♦ `
, Carter Delaittre �
February 19, 1991
Page 3 of 3
Please feel free to contact me at 473-7357 if you wish to
discuss any of the above noted items in further detail.
Sincerely � �
.i���� ��,—'.', '
Michael P. Gaf ron,
Asst Planning & Zoning Administrator
MPG/tln
Enclosures
cc: Jeanne A. Mabusth, Building & Zoning Administrator
Lyle Oman, Senior Building Inspector
Mark E. Bernhardson, City Administrator
r �
C I TY of ORONO
Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
•
� - �, �, On the North Shore of Lake Minnetonka
January 23, 1991
Samual A. McCloud
Law Office
5101 Highway 55
Minneapolis, MN 55422
Re: Big Island Record Lot #22
Dear Mr. McCloud:
During the City's October 1990 inspection of the septic
system serving your cabin on Big Island , the following
observations were made:
1. A major addition to the cabin has been recently
constructed. This addition did not exist when we inspected
septic systems on Big Island in 1985. The City files
indicate no permit was issued for this addition. A platform
deck adjacent to the cabin aiso appears to be new
construction.
2. A massive deck/wall/stairway system has been constructed
in the 0-75' lakeshore setback zone, a clear and direct
violation of Orono' s hardcover and lakeshore setback
ordinances which have been in effect since the mid-1970s.
Again our files indicate no permits were ever applied for
or issued for this construction. The work appears to have
been recently completed, since this lakeshore construction
was not there in 1985.
You are hereby required to make the appropriate after-the-
fact application for construction of the additions to the cabin
as well as the platform deck system abutting the cabin. Such
application must be received in this office by February 15, 1991.
Further , you are hereby required to remove the
deck/stairway/retaining wall structure in the 0-75' setback z�ne
no later than February 22, 1991. Optionally, by noon on February
22, 1991, you must make application for an after-the-fact
variance for this structure. Failure to meet this deadline will
result in issuance of violation citations.
Bath the building permit and variance applications wiil.
require submittal of a current Certificate of Survey verifying
the location of structures within� the property.
BUILDING&ZONING-473-7357 • ADMINISTRATION&FI'VANCE-473-7358 • PUBLIC WORKS-473-7359
ASSESSING FAX-473-0510
� ,
i
Sam McCloud
Re: Record Lot #22, Big Island
January 23 , 1991
Page 2 of 2
An application is attached should you wish to pursue a
variance. A building permit application is also enclosed. Please
feel free to contact me or Zoning Administrator Jeanne Mabusth at
473-7357 if you wish to discuss this matter.
Sincerely, ;1�
��,�,��. ;/,
����
Michael P. Gaf�on,
Asst Planning & Zoning Administrator
. MPG/tln
Attachments :
1. Building Permit Application
2. Variance Application
3 . Zoning Code Section 10. 31 , Subd. 8 and 9
cc: Jeanne A. Mabusth, Building & Zoning Administrator
Lyle Oman, Senior Building Inspector
Bruce Vang, Field Inspector
Tom Barrett, City Attorney