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04-16-1984 Planning Packet
PLANNING COMMISSION MEETING MONDAY, APRIL 16, 1984 7:30 p.m. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS Council Representative - Timothy Adams Public Hearing 1.7:30 p.m. #824 Eugene Rosenthal, 640 Tonkawa Road Preliminary Subdivision Action Items 2.#783 I.D. Caples, 4798 North Shore Drive Variance 3.#811 John Ericson, 1620 Shadywood Road Variance 4.#814 John Ericson, 3482 Lyric Avenue Variance 5.#816 Lake Minnetonka Homes, 155 Willow Drive South (Countryside Drive) Subdivision 6.#823 North Shore Drive M rina, 3222 North Shore Drive Variance - Public Hearing 7.#826 Nellist/Schaper, 3800 Wayzata Boulevard Conditional Use Permit - Public Hearing Sketch Plan Review 8.#825 Gerald Robinson, 4401 Wayzata Boulevard Sketch Plan Review Information Item 1 9.Planning Commission approval of March 19, 1984, minutes. 10.Planning Commission to select representative to attend the Nay 14, 1984, Council meeting. Adjournment ... ON HBBTIN6 L984 7:30 p.m. - CODNCIL CHAMBERS , 640 Tonkawa Road on ore Drive od Road Willow Drive South ision 3222 North Shore Drive ata Boulevard ublic Hearing lata Boulevard March 19, 1984, minutes, esentative to attend the May 14, VILitAII f Mtit ■iMM TO: FROM: DATE: SUJBECT: Planning Commission Members Jeanne A. Mabusth, Zoning Administrator April 11, 1984 Rosenthal - 640 Tonkawa RoadSubdivision - Preliminary Application “• Subdivision — Public Hearing - 7:30 P.M. Zoning District - LR-IB Area - 4,37 acres - 1,02 acres wet Plat - Two Lots relidentiSl"Lr°'’2®^h J'*'! division of his homestead lot creating a new via th#» nfX residence can .be either through a private utility easement CoSnt5%oirn?l^ ““ «" “ «« 17-9 loca?er““?^ HLsiHs";. s;“urxsi'i^ special permit from the County. The orooerL ha,bssn 3ss0ss0d foir two sow^t* P P y ri0s paid prior to final plat approval! assessments must be Staff recommendation of ?hnR!lB*':o^rng'dL?J?ct^^^^teln°;at?saed^ standardsis based on the followin^londtHonl! APProval of this plat 1. 2, 3, 4, Approved access to new lot decide on sewer connection location HH 15-11 17-6 17 q Payment'of WO^Srhler ad - Preliminary reating a new i zoning district. It. Sewer :ility easement located within f which manhole luire a private t property has isments must be it is required ition of the pears to be the southwest 200 be paid all standards of this plat 5-11, 17-6, 17-9 ty Road #135 vJ #■ ' V' \ T . ♦ -’A r • » % •(I » •I <> • I* • %D t —0 ‘4 IP tj r V ! V '* €0 TIT 'f- T,V •r-r.•Xi •<*1 \A 1 r'-I "I • i tliT \ • ♦ 7? 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Z k> > 111 7 §3i O 0% < £^ S K -<B O D O • ® ^W O H H ■« 3 mom e X w si: sM 0 0 Ul 9H n H ^ Z 0 Id Ul 9 0 - - O -I M Z 0 ^ 0 3 ■M 3»i 00 Id 0 00000 I 3 0 Ul< u. M 5 M Id Id 0 Ul CM Z Ul I Z Id____ M -I ^ H 3 * m « ^ I mm2«o H M M ®S55* 0U U-?s o a u 0 .5 gO < tt o 9*S^tt 0 Ul BL UJ Q. Z O Z X < E J >• ^ LA U < “ M X lA_ , P O 0 M ^ < M M lA H 10 S M H X >* ^- ,*11351 tSS^-iSSoS S O H H ^ -J M CM lU 10 ^ CO < lU 5ESi UI M < • CT\I CK H OL Ik V < IkJ III UJ COM H U O >- lAl Ik ^ ffl "8s Ik u < lU 5BSS M UJ ^ H in UI ^ B UJ X >: M « O J ‘V • • • • !• J J »v; ■;v. f • .4 '1; i\ pTti rr'\ n !* TO: FROM: DATE: SUBJECT: Applicatio] Variance aj before the Area requi: exist varia: Lot Width Existing Variance Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G The subjec was offeree never sold Caples pur< County off< there was i a private : standards : by the Oroi and the ap] The proper' with a ball installmen The applici seeking yoi review thei TO: FROM: DATE: SUBJECT: Planning Commission Members Jeanne A. Mabusth, Zoning Administrator April 12, 1984 #783 - I.D. Caples - 4798 North Shore Drive - Variance Application - Variance - Lot area and lot width Variance application was originally tabled at the request of the applicant before the October 17, 1983 meeting. Area required - 1 acre existing - 0.35 acre (15,360 sq. ft.) 0.22 acre (9,750 sq. ft.) (exclusion of area of travelled road) variance - 0.65 acre (0.78 exclusive of area of travelled road) Lot Width (street/front) * 140* Existing - 75* Variance - 65* Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Plat Map Property owner's list Survey/site plan Hennepin County Hand Out Common ownership study Applicant's attorney (exhibit and findings) The subject property's tax delinquent record began in 1972 and in 1979 was offered for public sale as a tax forfeit property. The property never sold at the public auctions for the next four years until the Caples purchased the property over the counter in August of 1983. The County offered the enclosed hand out material (Exhibit E) advising that there was no assurance that any property offered for sale (either through a private sale to abutting property owners or at public sale) met the standards for buildability of the local jurisdiction. Caples was advised by the Orono staff that such a property would require a variance review and the approval of the City Council. The property was sold for $6,000, Caples made a down payment of $1,380 with a balance of $4,800 to be paid over a ten-year period in annual installment payments. The applicant's attorney has compiled a packet of exhibits and findings seeking your approval, are they acceptable, valid findings? Please review them all. t.Vl •^4 < ^ #783 - I.I April 12, Page 2 The prope: north is ' at the gr< placed, i the Park - Would it 1 driveway no access 10 to the would agr< is able t< Sewer is • City over The house Note - 35 assure th< of a setb. Two lots < in earlie; three or The appli< review by approval < applicati* and the p- should al public US' If Planni 10.08, Su In additi 1. Appli 2. Prope southwest B - Variance t of the applicant ,750 sq. ft.) f area of travelled veiled road) 72 and in 1979 The property s until the of 1983. The :) advising that e (either through sale) met the aples was advised variance review ment of $1,380 od in annual .ts and findings igs? Please #783 - I.D. Caples April 12, 1984 Page 2 The property is located on a very busy curve. Rember the road at the north is Tonkaview not Park Avenue. Park Avenue is probably located at the grassed-in old driveway access where the utility poles have been placed. Access to this site is crucial. The lot should be staked along the Park Avenue lot line. Would it be more feasible to seek access off Tonkaview via the informal driveway (located within unimproved platted right of way) and permit no access off the County Road along this curve area. Note, Lots 8, 9, & 10 to the north are under common ownership and undeveloped. The City would agree to a vacation of a portion of Park Avenue if the applicant is able to acquire additional lots to the north. Sewer is available and the original assessment payment will be paid to the City over the ten-year period. The house has been placed on the site meeting all required setbacks. Note - 35' from travelled rjad. Where's the garage? This review should assure that we can also include a garage on the site without the need of a setback variance. Two lots combined as a building site was a typical development pattern in earlier years, but in recent years, the pattern has been to combine three or four lots as a building site. The applicant has not designated an access nor included an access permit review by Hennepin County. If the Planning Commission is considering approval of the variance as proposed, I would recommend tabling the application until staff can review the access issue with Hennepin County and the possibility of using Tonkaview and Park Avenue as access. City should also consider vacation of Park Avenue (westerly 195*) to discourage public use of the unimproved platted right of way. If Planning Commission wishes to deny this application, please use Section 10.08, Subdivision 3(a) of the zoning chapter for the necessary findings. In addition, the following findings can be made: 1. Applicant purchased property fully aware of the risk involved 2. Property severely limited by location of travelled County road along southwest of Lot 10. e road at the ably located poles have been be staked along la the informal ) and permit te. Lots 8, 9, & ed. The City the applicant /ill be paid to the ‘ed setbacks, lis review should :hout the need Lopment pattern been to combine an access permit LS considering 1 tabling the i Hennepin County iS access. Crty L95*) to discourage please use Section ecessary findings. k involved County road along >;• V.; ::v" ■.' - % ♦ A”-.' >'7 ■ :Vy; 11 B-%• >. •c 1cfSia3 7 a* *k/a <3-^ (jO (^24So) ^'1 i s:. ▼ •• - * tT'..--'h IM \0OI IA tJo ♦/T2 410 Z*>^0) (0 SEP I 41983um ;> — • JO ss- CITY OF OROiv 1 3j- ^jZS ' ir I > rar( • I 115: f - i^-m- sH ‘1 1 ; v»< 24 3 o mm i • •« •- f/n 'h J M O lA lA O Ma • lU Q O H gCL Ui tt liJ H g Mis 0) M U-z <nM oc UI H __ OC O UIa >- o Hss >• o Q. Ui u I- flO UJ > UI >O CA O M < ^ O Z Z ^ < ^ a o o M s <0)0)^!' Hi CL o. o i CM z z z a i I Z o o < M X X Ui^ r H H z CM ^ ^ CA CA mS O Ui fJJ ^ CO^ ^ < <c ^ t lA O ^ 3 U g O 9^ O U o ^ ^ p ^ o CM QC ri* o u H I-z z ^ < < K Z Z O I Ui UJ QC I > > Io o >- U U H I CM -4 in in %n Pi Kl o UI Ui o !M M u > > ^ IK tt in! 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C • • *1 ;’ ?■>L-•t L...i c..•Co • »' i •#i'*'.rrt I hcT-'jby cort. if*;,' th:.t lli.lo i.' a trio -inc: rcrroct roor'-cont/jT/ion o^’ .'•inviV r t! ’.ouninrior o*“ Lint. 1C .ano that o:irt of .>ot- V rnrthvor.tcrlry of a lir.*: ronninf fror. ti poini. on ^ Ko Kortheastoriy iina o.- rain lot 9 distant lo foot Korthwcrt- V'-r. .-iartorly corner of paid Vot tc V: e r.ost Sonthorly corner of mid Lot 9, all ir block 2, '’PciTquir.t !■■ V.icV.l...r.<-'a Park, Hennopin Co. Iho locoUor of all '.xiatinf >'Jll:ii..i:t, i/' snv thorccr.. It cocf. r.c., Lr.or. to r/r.r..'. other Lnoia-vov^^ntr or -r.r-rr-rh- -!ntf . GCrrjON R. COFFIN CO^ INC- Gordon K. Coffin No. oScale: Date : o : 1« = 40 ’ o_p/'..H3 Trrn :aarV.Gr ~GITu Knr'.c Z. Gronbur^; ReV;. No.ir?75!> I/ind Sur/eyora and Plammro Lon-: Lake, r.innosota ■ n-y mm IV [Lei-y.. , .^mm■'■■..; • ■■• coay;.. b-'f ft:v . '■'-'■■• ■^..-;. '.y. •. •• •L-. •..= fet^to adjscfint owner is alSALES OVER ^ sale by pay owners will the parcel TERMS - Sale hi Sail S’ The interes' Approximate the amount i may be paid payment. ASSURANCE Ai Property Ta; paid into tl to the sale: CONDITIONS record at tl or agency t for future or zoning 1 ZONING ORDI ARE FINAL, If a parcel special ass< of the asse not yet assi purchaser. TITLE - The Commissione i s made. T: However, ta. may be nece DEFAULT - C' defaults by taxes becom The undersii day 0 in Hennepin the stateme J A► >•. *• SEP I 4I9B3 rv OF ORONO %•*% if;/ th'.t l.i-ia rC7'ri^c t, r. r/' n . urvcv ■jor o"” 10 of .iOi V Lvir..* of a lir- a poinu f;r; of f.aio foci Kortf.voi'l- orn':r of Paid rnor of rnia n Co, ..ind COOP r.rt vur;ort TUC Rei:. ;jo.l'f755 annuro ffiSf -M 'f ■ ' ■ "WMn-mr : •/ /..vf t -■4v )■ -i K>-:I- b-, .». TC SALES - All tax forfeited land offered at a public auction sale is sold to the WIfiest bidder. Occasionally a public auction will be for the purpose of selling land to adjacent property owners. At that particular auction, only the adjacent property owner is allowed to bid.SALES OVER THE COUNTER - Parcels not sold at a public sale may be purchased after the sale by paying the appraised value of the parcel. Land not sold to adjacent property owners will only be available for the adjacent owner. Prices cannot be changed unless the parcel is reappraised, advertised and again offered at public sale. TERMS - Sale of $150.00 or less - Full payment at sale. Sale of $151.00 to $1,T00.00 - ZOX down or $150.00, whichever is more, balance in five (5) annual installments. Sale of h,501.00 or more - 201 down, except 10% on all parcels containing structures, balance in ten (10) annual installments. The interest rate on the unpaid purchase price is a variable rate as per M.S. 549.09. Approximately 30 days before installments are due, a billing will be mailed to indicate the amount of the installed and accrued interest which is due. Any or all installments may be paid in advance. There will be a $10.00 state deed fee, due at the time of final payment. ASSURANCE ACCOUNT - At the time of the sale of tax forfeited land, the Department of Property Taxation collects in full an amount equal to 3% of the total sales price, fo be paid into the state tax forfeited land assurance fund. This amount is payable in addition to the sales price. CONDITIONS - Sales are subject to existing leases, to building restrictions appearing of record at the time of forfeiture and to easements obtained by any governmental subdivision or agency thereof for any public purpose. The appraised value does not represent a basis for future taxes. Contact the city where the land is located for details of building codes or zoning laws. ALL PROPERTY IS SOLD "AS IS" AND MAY NOT CONFORM TO LOCAL BUILDING AND ZONING ORDINANCES. THE COUNTY MAKES NO WARRANTY THAT THE LAND IS "BUILDABLE". ALL SALES ARE FINAL, AND NO REFUNDS OR EXCHANGES ARE PERMITTED. If a parcel had cancelled special assessments, as indicated on the publication list, the special assessments may be reassessed by the municipality to the extent that the balance of the assessments exceeds the purchase, less administrative costs. Local improvements not yet assessed and special assessments levied after forfeiture must be assumed by the purchaser. TITLE - The purchaser will receive a certificate of sale at the time of purchase. The Commissioner of Revenue will issue a deed from the State of Minnesota after full payment is made. This conveyance shall have the force and effect of a patent from the State. However, tax forfeiture creates a break in the chain of title, and services of an attorney may be necessary to make the title marketable. DEFAULT - Contracts may be cancelled by the County Board of Coimissioners if the purchaser defaults by failing to pay an installment and interest when due or failing to pay current taxes becoming due during the term of the contract. ACKNOWLEDGEMENT The undersigned acknowledge(s) receipt of a complete copy of this statement on this _ _ _day of_ _ _ _ _ _ _ _ _ _ _, 19_ _, prior to the purchase of tax forfeited land in Hennepin County. The undersigned state(s) that he or she has read and understands the statement. •r:> t>. 4 . A •* / •?.''. X - - ••>• • •' :..-^ • •/. *. • \y/* */ . •< ^ -y '■ \~. •• • T '.i--. • ■••A *>s • ••• •• \ ^ • i . • • •. • •• V • iL »• • • m* ^• • • * • « » • • mm —4 ■Vrvv . * ^ • . . . ..•% ;j#r •*. . ■•;:•. i“# ' i >• • * * ♦ •* •; *?Y •* y .* I•I •I ri- ( (? crn»v>^ « V* r. • *• .• •• i • •#■» # .. . ~Sr'|' ’j^rfod "' (jei-»o " y»r6a> rr^ goK»*4 rr r, CfA.r«Afj ST PAUL ^ . -eT-H srjj 5 ££^{oooD^(j ’ ^ •) /2. J J ^rrS- o 3 7 a. 1 I 2^ / /r-/ .o 0 0 . • %. -rt •• • ¥. tic lo :l^eu.y yivg| 3z ........... II Uftpot^jS U>^ tiMtA: O / 4. o 0 o il *y o 0 1 I I / 5*- / I 3 O z. ___ o' _ * —! / I I I ■; ■ ■ 3 ,. y,...: 3 7 o —-T “■ o • • •• (P O 1 2•' V /V o o . 11- y / ' /____o__ _____O ; ........................ ...—/_:..d 1. . *. • •—•.I !! tY0]4«t^ OActt S 3C» :l! \o U t 0 1 Cp 6> dP /. o C> CP 3yhr>2fc 11 _i?___ ^wcSS^’ST z2> T •/ / 2 O I o O 12. / 3 g r m ••• *>4 • • /d» / 3 c2> O :• ,J I I .i o la^ I il 3 o o O T/ o y 3- / \.• \ ♦V ' •• • . I .J* 4 .. •.' « .'c •>’'4, ..<•. .f 'i jf.' t . V • • >"• *• •• i A O/ V'^ ^ f' * * c \K/^ .• . V. '•>V . V • ■•- ' -^y<■■ '•• :v .•:.»*. - v- • J#* •• »vi -•*?Z.T • •• ~:i"; fM . . ’••i '.• y-v-t-? ■• • i. •* •• ;V.^v '• •aV :v ••• *' J;*n r# r^'r BV: ■41 -;r A iy. } ..-i. j'. V fyyy m' i} -V.fki tSi • • ‘ I-' October 6, 198 City of Orono PO Box 66 Crystal Bay, Attention: Jcc Re:I.D. Capl' Property Northwest' line of s. corner of all in Bl< Minnesota Dear Jean: land. I am repr< It is my 1 Agenda for Oct< It is my ; prior to the P. this agenda iti Thanks vei Yours very tru -•t > V L ' Ann C. Schulz Attorney at Lai ACS:keh cc: I.D. Capli October 6, 1983 City of Orono PO Box 66 Crystal Bay, MN 55323 Attention: Jean Mabusth Ann C. Schulz Allorney at Law 339 South Barry Avenue Wayzata, Minnesota 55391 (6I2H76-0I22 oai i»83 I.D. Caples Property legally discribed as Lot 10 and that part of Lot 9 lying Northwesterly of a line running from a point an the Northeasterly line of said Lot 9 distant 15 feet Northwesterly from the Easterly corner of said Lot 9 to the most Southerly corner of said Lot 9, all in Block 3, "Berquist and Wicklund's Park, Hennepin County , Minnesota." Dear Jean: I am representing Caples regarding his purchase of the above described It is my understanding that this matter is on the Orono Planning Commission Agenda for October 17, 1983. It is my feeling that some additional title work should be completed prior to the Planning Commission presentation. Consequently, please table this agenda item indefinately. Thanks very much. Yours very truly. P A e Ann C. Schulz Attorney at Law cc: I.D. Caples • March 9, ] City of Oi 1335 Soutl Long Lake, Attn: Jec Re:Lot : from Nortl "Beri Dear Jean: End: (1) <2) (3) (A) (5) (6) (7) (8) (9> (10> (11) fumm ^ ':wB @©(1 ocri 11983 ing rly erly 9, escribed ng Conoission pieced e table i .m: ■K f m iW-i-’t- \ 4 \ -»K m • • V ^•-■v m t' V-: G Ittii Ann C. Schulz Aliorney at Law 339 South Barry A venue Wayzata, Minnesota 55391 (6I2H76 ‘0I22 i-— I*. ? / • ■» :./ I'Wi ‘ V/; r ;5f;^ '■ ■il: uAQ ! ^ ■ ! I- March 9, 198A *. * . 8 <} I a <01284 "//'l ?aj City of Orono 1335 South Brovm Road Long Lake, Minnesota 55336 Attn: Jean Mabusth Re:Lot 10 and that part of Lot 9 lying Northwesterly of a line running from a point on the ’Northeasterly line of said Lot 9 distant 15 feet Northwesterly from the Easterly corner of said Lot 9, all in Block 3, "Bergquist & Wicklund's Park, Hennepin County, Minnesota.” Dear Jean: Enclosed pursuant to our telephone conversation are copies of the following: (1) Partial Plat Map (2) Certificate of Survey (3) Receipt of Payment in Purchase of Unredeemed Lands (A) Auditor's Certificate of Purchase of Tax-Forfeited Lands (5) Tax statements 1973 - 1982 (6) Schedule of Sewer Assessments (7) Schedule of Real Estate Taxes: actual and estimated (8) Proposed house plans (9> Realtor's Opinion letter as to value of house and lot (lOj Comparison of neighboring lot sizes and amount of lot that house will cover (11) Pictures of Lots 9 & 10 and neighboring houses, grocery store and lots. City of Jean Ma March S Page 2 PI : ' . ? • i V/; '^>3i3Q4 ('/;• r******---^ •' ^ /*'/** -^***«»__ l» line running Lstant 15 feet 111 in Block 3, [)ies of the following: d Lands City of Orono Jean Mabusth March 9, 198A Page 2 Please note the following: ♦ (A) Orono has not received any tax money from these lots for at least the last 10 years. (B) Orono sewer assessments have not been paid for at least the last 10 years. (C) Orono has incurred the expenses of sewer, fire and police protection, etc, etc. for this lot but has not been compensated for its expenses. We estimate that Orono will receive approximately $200.00 + per year when the house is completed} ie. the land will be paying its fair share of expenses. (E) The proposed home will be of comparable value to the neighboring homes, and perhaps will be more valuable. It is my understanding that the Planning Commission will be meeting on April 16, 198A, Please let me know if you feel there should be revisions; if not, I will send you thirteen (13) copies of each of the above. Thanks very much. Call if you have any question. Yours very truly. li >r at least t the last ice protection, r its expenses. ,00 + per year ing" its fair eighboring meeting on f not, I will ’ *r //n* 0^ ' S^cit an T//7 23 % • ' • m 4 *I • • •• «• ■» • • •• • « *0 • • « i.. •* r • V' . • • r.'.n • • • * . . . 4 . ^ • V . 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V . * SEWER ASSESSMENTS 1973 - 1982 (All unpaid) Year 1973 197A 1975 1976 1977 1978 1979 1980 1981 1982 6 Amount •• ••• • $402.23 386.46 370.68 354.90 487.71 455.08 0 (Lot reverts to State of Minnesota) 0 0 0 ar4l£--vj-4^^ ■ Mi 9 reverts to State of Minnesota) ^ • Year 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 Estimated: 1985 Taxes "owed” to CITY OF ORONO Assessed Valuation Mill Rate $ 1,032.00 11.722 1,075.00 11.459 1,075.00 12.383 1,161.00 12.626 1,247.00 12.418 1,333.00 13.72 0 (Lot reverts to State of Minnesota) 0 0 0 $19,800.00 11.224 17X of $30,000.00 19Z of 30,000.00 30Z of 30,000.00 • t /• * I • •••«* ••• f -V ‘ TO WHOM IT I have of the lot I have been 8 years, in Following a proposed hoi Estimated ci I used $50.( $30.00 per i are neither these figure has in mind. I Merrill Lynch Realty Burnet ST. LOUIS PARK OFFICE 7035 WAYZATA BOULEVARD MINNEAPOLIS. MN 55426 (612) 546-3200 » • 2/20/84 TO WHOM IT MAY CONCERN: I have been asked to give my opinion regarding the fair market value of the lot and proposed Improvements thereon legally described as follows: Lot 10 and that part of Lot 9 lying Northwesterly of a line running from a point on the Northeasterly line of said Lot 9 distant 15 feet Northwesterly from the Easterly corner of said Lot 9, all In Block 3. “Bergquist & Wicklund's Park, Hennepin County, Minnesota." • 9 I have been selling real estate In the Lake Minnetonka area for over 8 years. Including a number of homes and lots In the Hound-Orono area. Following are my opinions as to a fair market value of the lot and the proposed home based on the current real estate market: I. Estimated construction costs per square foot. $50.00 X 1176 ft. $30.00 X 1176 ft. $58,800.00 $35,280.00 Estimated Fair market of lot Total $10,000.00 $ld4,080.00 I used $50.00 per square foot for the upper level construction costS" and $30.00 per square foot for the lower level construction costs as these figures are neither bargain basement nor opulent but somewhere In between. Further these figures appear to reflect the type of construction which the contractor has In mind. A SUBSIDIARY OF MERRILL LYNCH REALTY ASSOCIATES INC. r f' ’ ^ 4. ^ y^‘ " ,t Tv - . *-7 r-' Compare (Taken #20602 NEW I YlliUffmilACMU tlA—WMmWW •V •: v:. :.'. Olvei marki \m OFFICE iTA BOULEVARD IS, MN SS426 I ilue lows: i and i figures ^ther itractor lYOF iCH REALTY ASSOCIATES INC. W: •VS;i >■ V% ,:^i1 lii... pymi m Si ::’i •:■. :9- •# p if -.., i t.-fc P-Vi N IP ., • t z * *'■^ r •' { * r* '' 7 * . ***^*-• . . '^ . ■ •! vfj" 'pair-*. . '. C?.* -. •v'.^ r V »' '^L :-''_-’ I ■ .3-.• -•■■-■■-,--..v-v -- •.;::—i:--------^: •r «C*1 • •:r =.Merflli byncn ReaUy ^ MINNEAPOLIS. MN 55426 (612) 546*3200 I 1 .II. Comparable properties In the area: (Taken from February 1984 MLS Book) (Attach MLS Pictures) #20602 NEWetoHA . 4«m.w*a4« ^ . ■- —i^S03 NEW ABCOtfMl Mi> t tAas r isn.soo • .ti’.-'SlF V . •. -V.-fn? „ juja-v, 71 - ’ bmiMMklLaalfiWSB*! tSiPa>Tt4f4f , •ttlflWA 140111^ ^ ^ ^ nr 77Z - . ■ > ................. iKiwiifw iy*i> TO ■>■0 attMi limm«t )«»■ iIiieSI&s* n# fv ii----------------- — eiWV miTO OAK TO logo ------- USMT n r ■ r MiFwm. £$Mffinssu.ASJL w> Mttyiia<>oit ^ ocoiil IIHEgM3gn>»' rkStTairortSiTubrea^^^^^ If you have any question, feel free to contact me. Sincerely. PL ^Lk'PP' Carol A. Oeisher Cl MfRmLL°lYNCH''REALTY ASSOCIATES INC «Mton* :y^■ y=A- - Ms7,' L^pLu'4 . Comparabl (Taken fr #44326 4 srrill byncn sally , ^irnst lEAPOLlS. MN 55426 1546-3200 $98,600 • b'-'' »• tiMi iM»n-«c_ LAtlKManm' II H i 10 I?4t0t mm, i: * J ii !;;*>*'• » * ^; • I ,k\: hi w>» USMT CO IBL t M10U»T>W _ IIKOMiWg*. the fair ly. $90,000 i.'- K ' 3; mm # -'■**■*’ ?• C,fUNcS BEAITY associates INC. h VV’l BurnetMINNEAPOLIS. MN 55426 (612) 546-3200 (Additional) Comparable properties^ in the area: (Taken from January 1984 MLS Book) (Attach MLS Pictures) #44326 cam aaoa *a *$112,900 161 6i»M rrinmM'virf j rrifTy.ill.^Lf . coMv^McgfiL££SL — ufi— nwrrrVT**tl*—— #44284 COMK wo* $99,200 t ^_______ h u t ^ III IJte a a* lM»M>WN«gam*”' I, CT".--OOtH • T«f AUT MMnMAM WA 10 cu>orr/*M*^^ ^ ■ * .• w err «D <t T* *• |rf« • ' ’ ~~ ^ rnwrr^ l“f P -------- • .IJJ Uawti# hMSD iias?u cS M«rr ASSOCIATES INC. £‘V-; •'.. . ■• 'i-v 1 Block 3 Lot Lot Proposed Proposed lEAPOUS. MN 5S426 546-3200 y Lot 8, stake betM r**r '-^i^^'‘ r ‘i M:mm, '' tKii- S sS' Aiv ' ■ »mm :m-‘m I ,'■' ..M jm r m *ti. 5-S.. h Cl mmmJ-fc. . ' . ^ - • ‘ y rcyTA-^il-V"-: -V • ♦ j ‘ ' ' V. / ■* ' : 1 C‘ \ *K ' “■ I ^ ' ••If ► ' * ^ > «> V« . I c V . >-UVi^V • ><W' : J - r- , -r. ■ <cr:-f •; ^<-r* »•: .• *^- --m •V ' « v"-c'c ' '•■ " >V •. *seen from . . County Road 19 •• ' - -V ’-v /. * ■ • • > rv' ' V V - - #• - ' V r # • Lot 8, stake between lot 8 and lots 9 & 10, part of lots 9 & 10 • - * Steu:-K^:;. ■ -;A >VI. ^_v ■ V- . \-r- :; :. •^•■•..- >■■■" i! ? V r C.V n Lots 7 & 8 « •; ^ ’.:. ‘N-' i - - . -V ’i•;• ••■' tif * *'' o. > * > ■ '. r _V >V 1V - '.V. ✓ . ■> •>> » ■'ipiw <w.-.•>*v-. B:M :: 'V, : <" ( b ? .#^1 , •»•! . ■ ■ 'M- f:I ■ T>- ‘- ■• . r ±^y'.y' -Vii >V=.r-,,}■... . , ■: :.,*"*Hfl|l^- w'A - Planning Commission Members Jeanne A. Mabusth, Zoning Administrator April 12, 1984 SUBJECT:#811 - John Ericson - 1620 Shadywood Road - Variance Lot 3 Lot 4 Area Required Existing Variance 21,780 sq. 19,500 sq. O OfiO Qi^- 2,280 ft. ft. ft. or 10% 21,780 sq. 16,200 sq. 5,580 sq. ft. ft. ft. or 26% Lot Width Required - Existing - Variance - 100' 65* 35* or 35% 100* 60' 40' or 40% Side Setback - Lot 4 Required - 10' Existing - 03' Variance - 07' or 70% Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Planning Commission minutes of February 21, 1984 Council minutes of March 12, 1984 Notification, March 19, 1984 Zoning Administrator's memo, March 13, 1984 Plat Map - LR-IC zone not including Navarre neighborhood Detailed maps of zone described in E Common ownership study I have enclosed the packet sent to Council for their March 12, 1984 meeting and the minutes of that meeting. Planning Commission is advised that 100% of all lot standards must be required because we are dealing with the division of a legally defined single residential unit. I have been in touch with Mr. Ericson's attorney and sent him all pertinent sections of the zoning code as recently amended. I have not received any information from him as of this writing. Per Council's directive, I suggest the following recommendations for denial: To deny the variance application of John Ericson creating two substandard lots by subdivision within the LR-IC zoning district based on the followinq findings: 1 ■4k-' 'T* V ‘1, ^.4 .■*d .y\■t. !-a #811 - . April l; Page 2 1. To < div: 2. The of ] Betv Shad comt if t Crys 6. Revi b) imme Appr< conf of tl 1 > •• ^■ j ■■ ‘ ■'. •. V‘ : with sub- ent ■ V i : • ■ 'i ■ . ^ combination tial unit based that serves re Drive and that are legally ion with variances esidences on the LR-IC hows 16% or application is ntial unit undeveloped able lot aracter of the iMTould be in hensive Plan iii. r^': V. . Vm Mi-V'*'''-'* ■tf «■-: x: -V V.v •" :• =-;>s^v: V."- \ MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984.PAGE 5 #810 CITY OF ORONO CITY OF ORONO CODIFICATION OF ZONING CODE PUBLIC HEARING 11:20 - 11:21 P.M. (#81l)jOHN ERICSON TfraKj SHADYWOOD ROAD VARIANCE Vote; Ayes (3)r Nays (!)• Callahan minority VLa^’^oropertrinportion of the motion relates -^^d between North Shore Drive Marina and Chaska that it should just be North Shore Drive Marina. #812 ALAN MCDOWELL 905 FERNDALE ROAD WEST VARIANCE Zoning Administrator Mabusth noted the affidavit of publication. Rovegno moved, Adams seconded, to ^Pprove codification of Zoning Code. Vote: Ayes (4), Nays (0). John Ericson was present. Mabusth stated that Mr. Ericson ® ^®“®"a\hltconstruction of a new residence. Mabusth stated that this should be a division. Rovegno stated that this would be a subdivision for tax purposes Ericson stated that there are two stubs and that it has been assessed for one sewer and °"® «ft®J “"tt. Ericson stated that this lot fits rig adjoining property. rhairoerson Goetten stated that the Planning Commission should have some direction from Council on what standards to apply to this situation. Chairperson Goetten moved, Callahan table the variance application ^ Commission can have conceptual . situationCouncil on what standards to apply to this situatio . Vote; Ayes (4), Nays (0). Mr. and Mrs. McDowell were present. Barry Petit, Charles Corya and John Cook were present. Zoning Administrator Mabusth stated that Mr • ? variance for construction of a garage to be located 58 from the lakeshore. Zoning Administrator Mabusth stated that there would be no increase in hardcover. Goetten stated that the applicant bd notice that future hardcover variances may not be approved . '• Jm I'-i Is } ^ * Vi vV iV % REGULAR MEETING (^Sll^OHN ERICSOl SHADYWOOD R< CLARIFICATION OF STANDARDS FOR SUI LOTS LEGALLY COI )84. PAGE 5 n stated that a :he property in haska Marina and Drive Marina. the affidavit of to approve Ayes (4), Nays g Administrator ed a variance for busth stated that ibdivision for tax s and that it has ne water unit, .ght in with the It the Planning on from Council on ituation. an seconded r to :il the Planning cection from the o this situation. ;nt. Barry Petit, ; present. Zoning Ir. McDowell needs a ge to be located 58' ed that there would nould be placed on .ances may not be kf; ■'fltl # •i'. REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984 Mayor Butler stated that the zoning code adopted a 2 acre minimum which is appropriate for the neighborhood. Councilmember Grabek asked the County why they are proposing 1.58 acres when they know that it is a 2.(3 acre minimum. Grabek asked if the 1.58 acres is all that Mr. Gagne would sell to the County. Mr. Gagne stated that he would sell 2.0 acres to the County. Earl Johnson stated that the County has a budget to go by and that the 1.58 acres is all they needed to buy to construct the library. Councilmember Adams stated that the City has been allocated 116 sewer units from the recent upgrading of the Orono-Long Lake sewer system. Adams stated that the library may need 2 sewer units if they plan on expanding in the future because the sewer units may not be available later on. Zoning Administrator Mabusth stated that the Planning Commission had recommended that all access be from an access road and that such road should align with the Middle School's first driveway. Mayor Butler moved, Councilmember Grabek seconded, to table Hennepin County's conditional use and variance so that the applicant and the property owner can discuss the purchase of a 2 acre site in order to meet all zoning codes. Motion, Ayes (4), Nays (0). i V- OHN ERICSON SHADYWOOD ROAD CLARIFICATION OF PERFORMANCE STANDARDS FOR SUBSTANDARD LOTS LEGALLY COMBINED f John Ericson was present. Zoning Administrator Mabusth stated that the Planning Commission had tabled Mr. Ericson's variance application awaiting clarification of performance standards for sub standard lots legally combined. John Ericson stated that Lot 3 is 65* and Lot 4 is 60* . Ericson stated that the boathouse was removed from Lot 4 per Council*s recommendation. Ericson stated that he wished to build a new home on Lot 3. Ericson stated that there is sewer .and water available. Mayor Butler stated that it has been the practice of the City to not create substandard lots. Butler stated that when the lots were combined, that it made this lot conform to the zoning code. Butler stated that in askipg to have those two lots separated, you are asking the City to ignore the zoning code and to create two substandard lots. ULAR MEET .. ww«|>i:'iwiii • 7 ' • t PAGB 4 ( adopted a 2 e for the why they are t it is a 2.0 acres is all y- acres to the budget to go ded to buy to Ity has been upgrading of 5 stated that they plan on units may not the Planning ss be from an ign with the seconded, to and variance ty owner can order to meet lays (0) . administrator on had tabled >n awaiting ds for sub- Lot 4 is 60 ' . toved from Lot n stated that ricson stated e. e practice of ots. Butler I that it made Sutler stated sparated, you g code and to f m, il ■# • -it: ULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984 PAGE 5 John Ericson stated that every lot in that neighborhood is the same as these two lots. Ericson noted that Allenburg's lot just down the road is a 60* lot and the City approved that. Mayor Butler stated that the City does not want to create two substandard lots, when it conforms to the zoning code now. Mayor Butler noted that 41 percent meet or exceed the half-acre zoning requirement. Butler noted that 53 percent of the existing residential units are four-tenths of an acre or larger. Butler noted that there are existing residential units that meet the zoning requirement. Butler stated that 16 percent of the existing residential units offer the potential of division if they are subject to the same performance standards for lots of common ownership. Butler stated that 43 new potential homesites could be created if the City sets a precedent by approving the Ericson application. Ericson stated that he could understand that if there wasn't sewer and water. Ericson stated that the area is predominately on 60* lots. Ericson asked how can the City ask people to pay taxes on property they can* t build on. Zoning Administrator Mabusth stated that the City is really looking at a subdivision and if approved, both lots would need variances. Mabusth noted that it would be a division for tax purposes. Co'.-'icilmember Adams stated that it is just like coming in with a two lot plat where neither of the lots meet the zoning code. Councilmember Grabek stated that any action taken by the Council would certainly affect other people and that a public hearing should be held for the neighbors input. Grabek stated that if they grant approval to Mr. Ericson that the City would have to grant approval to the other 43 people. Ericson stated that the neighbors were mailed notices of the Planning Commission meeting and no one showed up. • • Mayor Butler suggested that the Planning Commission look at thij application in a broad range view of possibly 43 more units in the area. Butler stated that the Planning Commission should address how those 43 units could affect the lake and the additional hardcover. Butler stated that right now the neighbors have the advantage of a little space in between the houses. mm mmw '^1 w il r I*. Miiiiil ,0LAR meeting #812 ALAN M 90S FERNDAl VARIMICE resolution 1813 MICHJ 525 PMW VARIANCE RBSOLUTIO :*:■ Ll Ml j •• PAGE 5 in that Ericson ad is a 60' > • ot want to 3rms to the 41 percent quirement• > existing m acre or existing iqui rement. i existing division if andards for that 43 new City sets a >pl ication. at if there tat the area ked how can f they can' t the City is roved, both ed that it like coming ots meet the on taken by people and le neighbors approval to int approval .led notices > one showed Commission fige view of tier stated ss how those additional t now the le space in .'.•1 lif *1 t • e.' ■* >ii ■ ■* :■ f> /J J ,athR MEETIMG OF THE / „. PAGE 6 t/-ri held MAROH 12 r 19 OROHO council held r« ^,iized just because E,icsonasKea«hy^^ It was council denies this DU“3-r.s srs-.-.ra?.... .• reduced on grass be against tne reduced* ♦ — ....a .a.. “ S‘nVaf™“‘ s u.:; “ ““ ”” can only he''® place else. \ c that he is ag ,.„ssot doesthat he is against -gsessot does take -V- «“Vid'el^^^Vninto consid ^-ted that the P s-Kborhood as a standards. 1812 RIAH9ti PERHDALE ROHD WEST VARIRWCE resolutioh atking thet the Council table his app can bl present. _ _ _ _can be present. K^iams seconded, to rod councilroembet until he ns; “ » '«■ «"•>•>•can be present. #813 MICHAEL SMITH 525 LAME VARIAMCE resolutiom |1<>1® mr: V'V1=-:" m' - ■;y-! wifi * mmm 9 •••.. .• 1 *•■<; “"Si "r'' resolutioni - ^ ■ *•.resolution. */iams seconded, t< approve -Ipal Zoning Code b additionvLiance to Hunicipa „£ an 34*202. « PfiT. Nays (O) •Motion, Ayes in. ''Hi CITY < 1st Office Box CGeCryst.'i) Boy, Minr John Ericson 1620 Shadywood F Wayzata, MN 55 iK bpies to: “>r *rr vV .•' • • V x ;-V *.V iV *.V *,V * *.V * * * * * *: OUxvCXi, ACTION Voti OTIOiT Planning Coimr cerTfing the if6Vl your legally coir with a division - standards of the John, you sta your position fo meeting - please deadline date _ y for -submit formally w _ _ for Work P applicatioi WORK PERMITS A v7ork. VARIANCE APPRO Do not change CONDITIONAL US .or on deadline preliminary SU and/or improve Administrator. FINAL SUBDIVIS and all other recording retu Certified copiet contacting the t PAGE ,st because Ericson Lldable lot the taxes it is cut course would et the taxes i has to do. to say he to talk some al position is Grabek stated rd lots. does take lant land. :oinmission chood as a ubdivision a contacted her ication until he lams seconded, to ication until he Nays (0)• •;iJ r ■ •; m ;.vr5 V- ■' it'-;.: ■ >idroinistratot ontacted her the meeting, ned off on the seconded $ t I Granting m 34.452 an ,n addltlonl CITY of ORONO 51 Office Box 66•Crystal Bay. Minnesota 55323• Municipal Offices Telephone 473-7357 Control No. 811 x/ 0* John Ericson 1620 Shadywood Rd. Wayzata, MN 55391 Meeting Date 3/12/84 Notice Date 3/19/84 X Mm -I.* bpies to: Variance Conditional Use Permit Subdivision, Preliminary Subdivision, Final I 4 M ^ ___ _ __ _ • m m vf yo' your legally combined lots. Council advised staff that we are dealing ■with a-divicion and. l-hai- .all Hit7iy;|ony within C'»*'y4-hai- ai] standards of the subject zoning district must be satisfied. John, you stated that you wanted to submit a written statement'confirming' your position for the Planning Commission packets for the April 16th meeting - piease maxe sure 1 gef~all ihformatlOh by Monday, Apill 9, 1984.- DEADLINE DATE 4/9/84 new information (application may be considered ormally withdrawn if information or explanation is not provided). for Work Permit - - for work to begin for work to be application . completed ff |4v WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning VARIANCE APPROVAL is limited to the extent shown on approved plans CONDITIO^L^USE^APPROVM^ authority expires one year aft.,.- approval. iiiUNAL USE APPROVAL expires upon change of ownership or it?. ; ,or on deadline date specified above. ' PRaiMmRY SUBDIVISION APPROVAL - Applicant must provide all information a™all"^thlr^^e” APPROVAL - Applicant must have drawings, resolution required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtainr.,;“by contacting the City Clerk. Allow at least three weeks from nieeting^date. 4. < v-;:^ v ri mm m MM3 ■ -I ^ '-liil f I. % OX): FROM: DATE: SUBJECT At your the rev legally review? subdivi not val: in the i of reco lots of Council divisic involve procedt The ap] Counci] him to his pr< Ericsoi Commiss Council denial 1984 m< 2/84 9/84 Use Permit Preliminary Final •********VrVnV^Wf* tion required. iincil con- » _ • _ _ ^ ______irsxon o I Sealing hhat- all It confirming 16th 1984.- ■ii'kiK'k'k'k'h'kii’k’k'kitit Ldered rovided). to be i beginning Lans. ' approval. * Information 'g )lution )f such ncc by cting date. m V.U- m mf mi t «i ■V% ^ - *r'•,! * ' iV. I r^t t.* ,»?* TO: FROM: DATE: Planning Commission Jeanne A, Mabusthr Zoning Administrator March 13, 1984 SUBJECT: #811 John Ericson, 1620 Shadywood Road Variance At your February meeting, you asked Council for specific directicm in the review of an application seeking the division of substandard legally combined lots. What standards are to be employed in this review? •..•100 percent of lot standards because this is primarily a subdivision application... .or now that ownership considerations are not valid (legal combination is a legal instrument defining ownership) in the review of lot width variance applications for substandard lots of record, can we use the same performance standards for substandard lots of common ownership. Council advised staff that in the review of applications seeking the division of legally combined lots, the Planning Commission was indeed involved in a subdivision review and was to follow the usual review procedures for all subdivisions. The applicant was present and advised Council of his position. Council reviewed their position for the applicant oiid further advised him to prepare a written statement listing all pertinent facts about his property to assist in the review of his current application. Ericson asked that his application be tabled at the Planning Commission meeting of March 19, 1984, because he would be out of town. Council also directed staff to prepare the necessary findings for denial of the Ericson application for presentation at the April 16, 1984 meeting. m ■■■ :'H' City of Or D ction in standard in this narily a ions are lership) ard lots standard king the s indeed 1 review osition. r advised ;ts about ication. Planning of town. ings for spril 16, 8 lecu CoMcoie; VMAf^C* /^.SWoiCc- • « .. TO(^ . I »• •• »••«*« •••«•« t * 4t7»rAi_ ^«VfcC.Z^4 4ffto'/<»o j«i 4>o>bO yi /d -^o /B 2-2“/O / B t ecu C m I** r-2_1 2.o o ;avi 5 /C . 9 .z.c:^Ci ..Co#Jco,eji,^ lit 2. <7 • /i3--2-. • o «o //‘o » c><D o1 fACr^E<4Jtf^'| fV;2^h ;L •‘f./ VMAfVe* 1 /r b o a Ci V o •/././ • A^. moit« 1 • j #«• ••/r 2 •iS•/'V /O .A^*/«jr>Wicrj <Avr • 2 •O /.d> .8/32 n.)n /y V. ..To<i-o. j 1 /o'3- •• 4. I 1 1 CI5 o o o 1 i•• •« | f /c>7 5 “r S"//? !^.. . . — , 1 i >o*/, •^1-4 ;2-y.21 /./?/-I'/o v/vc T7^ Cr.f\r-tfJL. JCctiI>«»^T-|M^ )^ccv *v- o/t. exceini ^/<-r -L A.C. idfc'KiV. S^Vo 6t- -TU-e Ci‘-fJr/AiC^ P~Cti % U^*trx ^< */ 6T«- T>» <?>'St-»ajc /^e« ^AcCn-c' O ^ , »Tr ^c*- 0,-^ ,< 7* «f >vias^ *#«-■<*' ^ y^ "C tti •4^ •*■> k* ’. • t-.. TO: PROM: DATE: SUBJE< Zoninc Applit Zonin< LIST ( r3-E- Exhibd Exhibd Exhibd Exhibd Exhibd Exhibd Exhibd Exhibd Exhibd Mr. Er applic setbac follov TO: FROM: DATE: SUBJECT h'mPlanning Commission Members Tom Jacobs, Building Official March 15, 1984 #814 John Ericson, 3482 Lyric Avenue - Variance Zoning District - LR-IC Application - Lot area, lot width, side setback Zoning Code Sections - 34.552 A) Lot Area Required - 21,780 sf Existing - 6,700 sf (approximately) Variance - 15,080 sf or 69% B) Lot Width Required - 100* Existing - 50* Variance - 50* or 50% LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Property Owners List Plat Map Site Plan Revised Site Plan Letter from realtor - sale of neighboring lot Sewer location Water location Neighborhood Pattern Mr. Ericson is returning to the Planning Commission with a revised application to construct a hous and garage which will meet all required setbacks. Staff has reviewed the application which revealed the following: 1. Maximum hardcover allowed on the lot (500-1,000 35%) is 2,345 sf. Hardcover proposed is as follows: House/garage Driveway Total - 1,560 sf 630 sf = 2,190 sf 2. Proposed structure meets all setback requir#*ments for the LR-IC zoning district. The property has been assessed for sewer and water as follows: a) interceptor sewer .15 acres @ $110.00 * $ 16.50 b) lateral sewer 50* 0 $8.15 per lineal ft * 407.50 c) watermain 50* § $5.80 = 290.00 d) one water unit paid *= 580.00 I 1%. 4. Prop 5. The 6. Ther prop Planning Denial b 1. Adja 2. Nega avai 3. Comb of tl woul< 4. Appri widti Approval 1. The ] 2. The ] requ: 3. Prop< has 1 3. Applj struc Applj :e 1 revised required »aled the 2,345 sf. the LR-IC follows: V-: V.J''- ^11 4. Property is provided with a sewer and water stub. 5. The proposal fits the neighborhood patter (see Exhibit I) 6. There is vacant land available and for sale adjacent to the subject property. Planning Commission Options of Action Denial based on the following findings: 1. Adjacent land available and for sale. 2. Negative precendent established when undeveloped land is available and for sale adjacent to subject property. 3. Combination of Lot 16 and 17 would meet the lot width requirements of the LR-lC zoning district, thus only one variance (lot area) would be required rather than the two applied for. 4. Approval would not be consistent with other recent lot area and lot width variances approved in the neighborhood. Approval based on the following findings: 1. The proposal meets the neighborhood pattern. 2. The proposed house and garage meet ail setbacks and hardcover requirements in the LR-lC zoning district. 3. Property has been assessed for sewer and water and one water unit has been charged against the property. has been provided with sewer and water stubs. Such app**r>vst). subject to the fallowing conditions: 1. Maxifwtjim hv?rdcover not to exceed 2,345 square feet. 2. No ^'ar.ance approved for this structure. 3. Applicai.u submit certificate of survey showing all proposed structures meeting required setbacks and all hardcover. 4. Applicant pay $225.00 sewer unit charge with the building permit. I) abject ements area) ind lot r unit ermit. flMB Kl lO Ma • 111 go & Hi UJ DC 111 10 $ CM ttl I I --'f -j a t; - i.i'J i ;rrij fk... = ^!?: :?^\ 'fe\ £ S. '♦v----- 1'? ' sJJ! - ' «> \ o> 2 iB-^Hi^B'^lii 7 r ' 4 ^ » J3S» Osg.' ^14 ^ j M ^ yiv .1 - ,2? i •0 • V > \'^tlUI• $7 V " til- * >4 ^ ^i-> •» • 1 t ^'SlI / ft _ ^CM "nu7 ^ u Hl ^m ^'&8 • m . aitt ,—. a ...a ¥Tfti i' ' w ^ 0 ViCV-f1791SB .el^IIhmm .13'wr^K !■ N 'jg/S «>lt- ^ TmT 8 s S c ' ?\ «27JI7UJ<ooi «/^i 'S ^ r.j^ • £ciLSSBm fT yr S6fi <- n»wj* i|iO<j uop6uo > HJ.i/OA/ % i«<^‘’*^r* g R' 1 10 aiisuwoi . m^'-m '■«*' • •■ .-• f-.. It? V-y >; ^-: -f» ( •^K im I i Frank Kreiser F MARY ‘‘PAT’* < realtor, sali (RES) 473-6580 12500 WAYZATA BOULEVARD March 1, Mr John 1620 Sha Wayzata,. Dear Mr. Thank yo (known a understa 5 Navarr to build you pure lot. PI It is my anyone t« to purchi to it mu: would be warrant « Theris « $15,900 for $18j they ar« combinec the arec In our c lot at t been col was told bought f were bot taxes an If she s money. Market V paying t EDINA OFFICE.! ington. MN 5543 OFFICE. 3540 Ea MN 55343. 544-9 5036 France Ave MN 55343. 544-9 HOMES DEPARTI V-:* 'tK* ^ 5 S S Ov & \ • V ^ryiV i L a ■^ •‘s\ •* 1 - 4 1 n) t rp ] J c *• . -. _ '— ... ^ ^ ' ^ • K ^ lO <s:^ i't’ jrti • ^ Tnr ta ^ 2<^. ‘S^ IM tAJ % iKfo^'^'r d' uon 10 aiisuMOi %”-,f^'<J-9 ‘^, .....~~ !■■■ .15:; M *nt*.*' f I if ‘ : Kh \.\ •\. I s. ,;v Frank Kreiser Real Estate, Inc. Cxh>bH- F MARY "PAr* GOODFELLOW realtor, sales associate (RtS) 4738500 (BUS) 544-9533 12500 WAYZATA BOULEVARD • MINNETONKA. MN 55343 -# 1C. ;.,.w March 1, 1984 Hr John Erickson 1620 Shadywood Road Wayzata,MN. 55391 Dear Mr. Erickson; Thank you for your inquiry into the property at 35XX Lyric Ave., (known as Lot 16, Block 5, Navarre Heights) in Navarre. As I understand your inquiry, you are trying to purchase Lot 17, Block 5 Navarre Heights and have the City of Orono give you a variance to build. The City Planning Commission has suggested to you that you purchase both lots and combine the two lots into one buildable Please allow me to extend an opinion on this subject. It is my opinion that this would not be economically feasible for anyone to combine these two lots. You have apparently offered to purchase one parcel for $ 12,500.00. The identical lot next to it must also be valued at $ 12,500.00 and combined the two would be $ 25,000.00. The character of the neighborhood does not warrant an expenditure of that kind. Thciris a half acre parcel available on Northern Avenue priced at $15,900. Another half acre parcel is available at 3601 Togo Road for $18,500. These are certainly comparable parcels, except that they are both already over a half acre. If lots 16 and 17 were combined into over half an acre the cost would be excessive for the area. In our conversation you inferred that neither lot is a buildable lot at this time. The City of Orono and Hennepin County have been collecting taxes from my client for almost forty years. I was told by the City Zoning Administrator that both lots were bought for delinquent taxes and therefore the price of the lots were both inflated. My client bought lot 16 in 1947 for back taxes and has been faithfully paying on this lot all this time. If she sold her lot today for $ 12,500.00, she would be losing money. That is incredible to me since she has the Estimated Market Value from Hennepin County of $ 8,200.00. My client is paying taxes on her “unbui/dable lot" equal to the half acre lot ED NA office . 5036 France Avenue South. Edina. MN 55410. 920-109: • BLOOMINGTON OFFICE. 7929 Southtovyrn Center Bloom- • BURNSVILLE OFFICE. 2070 Burnsville Center Burnsville. MN 55337. 435-8686 • MINNEAPOLIS MW ic,;, MN 55406. 724-5446 . MINNETONKA OFFICE. 12500 Wayzata Boulevard. Minnetonka c ^^^’^®^*^^^^^^^-’2500Way2alaBoulevard. Minnetonka, MN 55343.544-9533 • RELOCATION DIVISION MN 553^L4''SS t iwcnoTr®4?°r!cn'^ * RELOCATION DIVISION. 12500 Wayzaia Boulevard. Minnelonka' HOMES^OEPARTMFNT DEPARTMENT. 5036 France Avenue South. Edina. MN 55410. 920-1091 . DISTINGUISHED MUMtb DEPARTMENT. 5036 France Avenue South. Edina. MN 55410.920-1091 'u't Page 2. on 3601 I would and wat and sev some wh houses We wil] and we will a( Sincer I Mar 7 P Reaito Frank 12500 Minnet cc: B. iXlitbif I" ic Ave., As I 17, Block variance you that buildable ct. sible for ffered ot next e two does not riced at ogo Road cept that 17 were iv3 for uildable have ars . I were he lots back s time, losing a ted ent is ere lot Mvn Center. Bloonv • MINNEAPOLIS vard. Minnetonka. :ation division. vard. Minnelonka. DISTINGUISHED I'-'n ikt mm f.M r 1^' .'i-. II I C'^r ^r- Page 2. on 3601 Togo Road. X would further note that The^^City “".rr and water on Lyric Avenue th 9 appear that some one, and sewer to both properties. buildable lots and that twosome where thought they were both buildable iocs houses would be there one day. will advise my client accordingly. Sincerely, Maiy P. Goodfellow Realtor© Frank Kreiser Real Estate, 12500 Wayzata Boulevard Minnetonka, MN. 55343 In c. cc: B.J. Wasson Frank Kreis^r Real Estate, Inc TO: FROM: DATE: SUBJECT: LIST OF 1 Exhibit } Exhibit ; "xhibit I Exhibit I Exhibit C (Also ref This item plan show streets; previousi last sumin have now As per my: of curtai primary s require t previousi disturbed CONCEPT P Note that either of developer plan. Plan A (E This cone extending indeed pre plan does i Lot 1, Blo< lot line o concept p! Notwithstc on Willow requires o Bay Road. I sewer 1 water ne one, hat two a variance me. X mmmm % m. ^ ' ■> ‘ ► ■ ’ A i TO: FROM: DATE: Planning Commission Michael P, Gaffron, Assistant Zoning Administrator April 13, 1984 SUBJECT: #816 Lake Minnetonka Homes, 155 Willow Drive South (Countryside Drive) - Subdivision LIST OP EXHIBITS Exhibit A-1 Exhibit A-2 r’xhibit A-3 rlxhibit B Exhibit C Preliminary Plat Concept Plan A Concept Plan B Gaffron Review of Septic Testing Sketches (Also refer to your packet of March 19, 1984) This item was tabled on March 19, 1984, pending receipt of a) a concept plan showing a reduced number of accesses onto surrounding collector streets; and b) completed septic testing report for the lots not previously tested and confirmation that land alteration performed last summer has not affected previously tested sites. These items have now been submitted. As per my memo (Exhibit B) the soil testing indicates that with the use curtain drains, trench drainfield systems should be suitable for primary sites on all five (5) lots. Only one alternate site will require the use of a mound system, on Lot 2, Block 3. The sites previously tested on Lot 1, Block 1, and Lot 1, Block 2, have not been disturbed. CONCEPT PLANS Note that the currently proposed preliminary plat does not fit into either of the concept plans without some lot line rearrangements. The plan^^^^^ still asking for lot lines based on his original concept Plan A (Exhibit A-2) This concept plan includes two essentially straight roadways extending from Willow Drive to Old Crystal Bay Road. This plan would indeed provide internal access to each of the 39 lots. However, this plan does not relate to the current proposal showing a roadway between Lot 1, Bloc^ 1, and Lot 1, Block 2, nor does it relate to the curved west ^xne of Lot 2, Block 2. In effect, the applicant is giving us a concept plan that would require changing his current proposal. Notwithstanding this inconsistency. Plan A require two access points on Willow Drive and two on Old Crystal Bay Road; whereas. Plan B requires only one access point to Willow Drive and one to Old Crystal Bay Road. Plan B As with 6,200 f Waterto plan do( a littl develop (Exhibi subdivi feasibl Plan B for th. resubd: make m drainf: Note t exclus radius The enc cross All lo subdi\ the rc A reco Seconc RR-IB Orono follow mi ator ive South a concept collector ! lots not performed lese items Lth the use Ltable for site will The sites ^e not been t fit into mts. The al concept roadways plan would ever, this ay between urved west Lving us a tposal. sss points s. Plan B Ld Crystal mm i • 'i mm TJ {•H iiS mmili 1.'^ - .= ■; ^#:Iv Plan B (Exhibit A-3) AS with Plan A. all lots can be 6,200 feet existing curb cuts? ’ While this con Watertown Road where ® there are a variety of plans, givenplan does serve all l°ts internally, there are a a y a little leeway. «hich mght reduce the^ developer is concerned with. Some ro g propose designs for ifbSi"vi^sLn^!but^\^^e^se sh^cli^s wtrVdone to^’sh^w that a number of feasible layouts are possible. 1 i„ 4-0 the currently proposed subdivision except Plan B relates closely to the cu . niock 2. Would this be for the curved west boundary of L ' . plan; or does it resubdivided at a later date to ^{J. ^„t affect the make more sense to re-align it now/ drainfield sites. PRELIMINARY PLAT REVIEW Hote that current P-^^tT^L^de^^lopeVc^^^^^^^^ ?adirs'irioTo%rThe plans do not appear to reflect this. • n Ko voiced to review the existing drainage plan and road The engineer wil with City requirements,cross sections for compliance with city requ All lots appear to meet the tr\%"planl'ingralSng r:aSia;s‘=.°''l>: yorwtsh"io"make ?his a condition of approval^ a A A A __ _ __ _ A recommendation aPProval of the second Addition should find th®t all lots Or;iron-Si'tt'le;ifc“c^"de%or rural development, subject to the following conditions; 1. All newly created lots shall access from the plat roads. 2. A flowage and conservation easement will be required over, under and above the pond area. ' • inc “d'e"d Tn rStd “r^'4" o? wt^thaf inTcYve'^^he'^e^po^ry cul"d^ sacs. 4.riur^paif of iruYe fufltf foad fy YbuYtiniYlnefitf 5. approval . 6. 7. 8. 9. 10. 11. 12. in shows ;cess to concept s, given Lots the attached gns for umber of n except this be r does it ect the areas are to a 275* his. and road . The new ings along ipproval? side Manor ints of the irds of the •ct to the oads. )verf under f land not cary cul de maintenance Eited lots. al security Y final plat 6. Plat road and cul de sacs (second stages) to be paved, cul de sacs should have 80* diameter surface - ditch areas to be graveled. 7. Final plans to designate pond area as drainage easements. 8. Dedication of plat road. 9. Payment of park fees in the amount of $1,000 (5 lots 8 $200). Erosion control barriers will be maintained throughout the construction period until all bare soil surfaces have covered or revegetated. 11. All septic test areas must be fenced off prior to road construction. 12. Applicants engineer to submit re-designed plat road showing a curve of 275* radius at station 10 + 00. TO: FROM: DATE: SUBJECT: I have re comments: Lot 1, B1 1983, wit The teste alternate deeper th at 2'9'' i on this s on the lo must be p the sites bedroom b Lot 1, B1 with the The teste< alternate ranging f: soil type, of a shal as a curt, site is a] to the te: bedroom h< Lot 2, Bli the lot. ] silty loai of curtail likely be to preser^ system de: Lot 1, Bl< of the lol of the so: , cul de sacs be graveled sements. uts § $200). roughout the ;^e covered or » road tad showing a TO: FROM: DATE: Jeanne A. Mabusth, Zoning Administrator Michael P. Gaffron, Assistant Zoning Administrator April 12, 1984 SUBJECT:Review of Septic Testing Report Submitted for #816, Lake Minnetonka Homes Subdivision I have reviewed the information submitted and wish to make the following comments: Lot 1, Blr^k 1 - testing for this lot was reviewed by me on August 26, 1983, with the following comments: The tested sites are located centrally within this lot. Both primary and alternate sites are suitable for a shallow trench drainfield system (no deeper than ].8"). Due to somewhat high water tables (mottling observed at 2’9" in one hole, 3*5* to 5*5* in others) a curtain drain will be necessary on this site at a depth at least 3' below the trenches. No other sites on the lot appear suitable for a trench drainfield system, so these sites must be preserved. Extra care must be taken in house placement since the sites are centrally located on the lot. A system design for a five- bedroom home has been submitted. Lot 1, Block 2 - testing for this lot was reviewed by me on August 26, 1983, with the following comments: The tested sites are in the northwest corner of the lot. Primary and alternate sites are adjacent to each other. Mottling was noted at depths ranging from 42" to 56" indicating some seasonal saturation. The sandy soil types indicated and the genreal slope to the south will allow the use of a shallow trench drainfield on both primary and alternate sites as long as a curtain drain is installed. The average perc rate for the entire site is about 10 MPI. A pumping station will be needed to deliver effluent to the tested drainfield sites. A suitable design proposal for a five- bedroom home has been submitted. Lot 2, Block 2 - the testtid sites are located in the southeast corner of the lot. Primary and alternate sites both were found to contain sandy to silty loam soils, with perched water tables which can be eliminated by use of curtain drains. Perc rates averaged 7.5 MPI. The sites will both likely be suitable for gravity flow from the houses. Care must be taken to preserve the sites due to their location near the proposed road. A system design for a five-bedroom home has been submitted. Lot 1, Block 3 - the tested sites are located on the east central portion of the lot. Soils indicated were loams and sandy loams. Again, layering of the soils has created perch seasonal water tables which can be eliminated Septic T April 12 Page 2 by use c these dr submitte Lot 2, I the lot central] use of c these It trenches are not and hen( In summi alterna on thes< the pro; on the recomme and rop constru istrator for #816, Lake e the following on August 26, Both primary and eld system (no tling observed n will be necessary No other sites , so these sites cement since ign for a five- on August 26, 1983, Primary and noted at depths on. The sandy ill allow the use ate sites as long or the entire o deliver effluent al for a five- heast corner of ontain sandy to eliminated by use es will both e must be taken osed road. A central portion Again, layering h can be eliminated i % -if 4 .t c 4 h-.' Septic Testing Report April 12, 1984 Page 2 by use of curtain drains. There appears to be an these drains. Average perc rates were 10 MPI. A system aesign n submitted for a five-bedroom home. Lot 2, Block 3 - the tested sites are J-O^ated the lot near the road, with an again will require the usfofa^irtfifdrai!;%riowe^ the seasonal perched -ter^tables^rn these layered soxls. This g^te has heavier soils which arrSSfafconduc^v^to^ow;ring of perched water tables by curtain drain, and hence will require a mound system. on these lots without encroaching on the .g^le trench sites construction. te outfall for design has been thwest corner of rther south and will require the er tables in a lift pump, but vier soils which by curtain drain, or primary and houses and wells In most cases, ble trench sites urbances, I developer must stake prior to roadway _ ,-:V' f - mm I iT* 2 ' •I.* •••'**• fcl’sZ :;v:. fi f* #irt • ••t 0» *n |■••*^•*••*• A.-, r :T:>o':- i:: .:- 'r • ^ 'ri'. ;.>i mwm j:: ■■;. ,;.';;'i'-;. ,■■ .;V..:';-VV^. £10 I •• p 1 1 TO: FROM; DATE; SUBJECT; List of E: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Request - apply to 1 variance Building £ Hardcover 25 * Staff (j The applic building o of 14C fr Building i which bord variance f other than Applicant and they d a written < • Em- ^mm. .. - ^ ' - . .;.; ‘;-f •■■'■■ 'Jt-'- ■Ki:::.- ■ :j ■-•■• A ft---' TO: FROM: DATE: SUBJECT: Planning Commission Members . Michael P, Gaffron, Assistant Zoning Administrator April 12, 1984 #823 - North Shore Drive Marina - 3222 North Shore Drive Variance List of Exhibits Exhibit A - Application and attached letter Exhibit B - Plat map Exhibit C - Survey Exhibit D - Parking plan Exhibit E - Staff hardcover sketch Exhibit F - 1979 drainage plan Exhibit G - Building plans Request - variance to building setback requirement (B-2 zoning standards apply to this commercial marina use in an LR-lC-1 zone); also, a hardcover variance Required Proposed Variance Building Setback Hardcover 0-75' 75-250 ' 50* 0% max. 25% max. 250-500' Total 30% max. 15' 50%± existing* 55%± existing + 5%± building + 5%+ apron & gravel? 60-65% * 20%± existing* 70% Staff estimate; not supplied by applicant The applicant j.s requesting variances to construct a primary service building of 3,000 sq. ft. Building is proposed to be located a distance of 14C from the nearest lakeshore in ;.n area not previously hardcovered. Building is also proposed to be located 15' from side lot line to the west, which borders residentially used properties and would require a 70% variance from the 50' setback required in the B-2 st ladards for an operation other than storage or parking. Applicant has stated that he has talked to the adjacent property owners and they do not object to applicant's proposal. Staff has not received ® written confirmation of this from these affected property owners. fe; • :! * £.V;:; ; #823 - NO] April 12, Page 2 Applicant building 2. Locat racks requi 3. Topog 4. Locat acros ST-aff has that if ^ it would now prop< Staff W01 items fo: Note by s grav f loa any prot What 3. The lega Sine have subn The appi MWC< proi 6. The the ministrator North Shore Drive - 2 zoning standards ); also, a hardcover Variance 70% icisting* listing jilding Dron & ft ravel? k cisting* rimary service Located a distance Lously hardcovered. Lot line to the west, require a 70% lards for an operation : property owners has not received ^erty owners. 3. 4. 1323 - North Shore Drive Marina April 12, 1984 Page 2 Applicant has indicated the following to be hardships in locating the building so as to meet a 50' setback: 1, Location of existing mature trees requirements Topography (slope near North Shore Drive right of way) Location of existing Metropolitan Waste Control Commission sewer lines across center of property Location of existing par)iiag configuration Staff has made a site “L®|i®ectly*'no?th ortht"dry-sttck2? it^woufd'^probabiy'^orcrLditional hardcover for parking into the area now proposed for the building. staff would also uirect Planning Commission to consider the following items for review: 1. Note that hardcover has been only J°'^extLli°r^’'^ i^:\:ke“^^hoSld “raiSlttlnil%ermTnror’^g?e“ Leas be established to further protect the Lake? What types of screening does the applicant propose? The three separate parcels comprising the marina property must be legally combined. submitted for the record. 5. The Metropoi: tan Waste of^L**eLement doesapproximately located on this survey. How mucn or j MWCC require, and how does this affect the optional locao proposed building? The survey will be submitted to the MWCC for their review 3: ■ ■ i)ji #823 - North Shore Drive Marina April 12, 1984 Page 3 eastlroper^l Unef"n^n:ger?r;esISI^c%r32irN^ rental). Under B-2 zoning standards, these should be formally ^ non-conforming use. None of these residentially used pro^^re^ntuf!!""^ d!^coStTnCel 3 residential P?ain?ng°to^ii:iororAprn u""l9M"anrsen?“rco2Scn ortp^t tl, 1984. :• K*’- r-.y i r-y - “ L'-.' abin midway up ore Drive, formally identially used as residential reviewed by 3n April 23, 1984. NOfITH SHOflE DRIVE 1 3222 NO«TH SMOf.C OWVt. WAYZaTA. r.MNNCSOTA SS391 (6U) 47I.C803 City of Orono Attention: Jeanne Mabusth P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Ms. Mabusth; October 25, 1983 We are requesting a permit to build a new building on the marina premlsis. The proposed building (^1) is to be used as the primary marina service building. All service work will be generated from the new building and parts and boats waitldg for service will be stored in this building. Building §3 will be used as the office, billing; accounting, ships store and parts and accessory storage. The remaining structures, #2,4,8,9, will continue to be used as they are at the present time. Sincerely, La-ry North ore Drive Marina #B23 MAR I 21984 niTY OF ORONO • •• • • • < Mb/ ■am- */ . :.v -* oCOD1ooe to o OOD C\J g u. O £n1 i£i3 m O)\ 0^\ \ N. EXW"?it ■ - ■;^-'i-;S ••;' *' * '-■ f'- . >v » i -J III UJ I • vO ■ . . U. 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S* . . », r« ( 1 ■ •>■ * i'-' 1' .;'■■■ i -t; V^‘ #■ 4^ TO: FROM; DATE: SUBJECT; Applicat: Request ( List of 1 Exhibit i Exhibit ] Exhibit ( Exhibit I Exhibit ] Exhibit J Exhibit C Exhibit 1 The Echov Section ] the prop€ back to 1 Please re 1967 appi change ir conditior Review th produce, Echowinds in use fc Review of Item 1 - suggest ir concerns v?-i MM !' •#/ : • n] ; *4 % r ; ^*r* •* ' . • "t m kwtjs an* v4.' •■ ^’‘S'-:;-.---'!' , . ’.v v;^,^‘ . ;rMMm vW.m .v-'-pm;> ,x>.t * •• . * “*■ V v^ ^ VI % V • '*V 4?^-»Y ' .- r«V^. 4 Tf ,f • Bf''* 55aT .. ; ♦ J»N; .-I » ■ / TO:Planning Commission Members FROM:Jeanne A. Mabusth, Zoning Administrator DATE:April 13, 1984 SUBJECT:#826 - Lowell Schaper & Glenn Nellist - 3800 Wayzata Boulevard - Conditional Use Permit Application - Conditional Use Permit required per Resolution 1377 approved by Council on March 22, 1982 Request of contingent buyer of property to reopen specialty produce market. List of Exhibits Exhibit A - Application Exhibit B - Addendum Exhibit C - Property Owners List Exhibit D - Plat Map Exhibit E - Resolution 1377 Exhibit F - 1967 Conditional Use Permit Exhibit G - Site Plan Exhibit H - Building elevations The Echowinds Market closed last year sometime in August of 1983. Per Section 10.03, Subdivision 5(F), if the non-conforming/commercial use of the property is not reopened by August 7, 1984, the property must revert back to residential use. Please review Resolution 1377 and the original conditional use permit of 1967 approved for the property. The proposed new ownership and the change in use proposed for the commercial operation require a new conditional use permit. Review the applicant's addendum to the application. The types of items/ produce, etc. appear consistent with the types of merchandise sold by Echowinds and approved in Resolution 1377. Clearly no intensification in use for proposed sales. Review of modifications and repairs: Item 1 - A new roof is needed, the creation of the loft area does not suggest more intense use but more suggestive of esthetics and decorative concerns to tie in country motif. #826 - L April 13 Page 2 Items 2 more are. is no cl( Signage i specific see no p: sign; st< fence. Item 4 - modifies' move to i Item 5 - use. I will be of struc Item 6 - removed • As the a] (Wisegar^ of Occup. draw-bad 1. 2. 3. 4. Not i A re: If pe avail Owne] west< thei] Item 7 - property farmers i The 6' h: structure addition Item 9 - The real unit. T) applicat: restrooms residents of commei primary i I Wayzata m 1377 approved r produce market. ' 1983. Per lercial use of :y must revert ise permit of > and the i a new rpes of items/ .se sold by msification ia does not ind decorative «'■ r.: * • - * • •• - i #826 - Lowell Schaper & Glenn Nellist April 13, 1984 Page 2 Items 2 & 3 - no problem with removal of canopy - indeed, it will provide more area between road and structure. Once again with signage, there is no clear direction from code for residential property used as commercial. Signage must be limited and not create traffic hazards; limit signage to specific area allowance and placement should be reviewed by staff. I see no problem with two-sided sign on building or with traffic directional sign; staff must have more information on sign to be attached to split-rail fence. Item 4 - If new entrance is approved, the old one must be closed-off. This modification does not appear as an intensification of use but more as a move to create better flow and circulation within structure. Item 5 - The old porch was enclosed and made part of the interior commercial use. I see no problem since the front canopy area used for seasonal sales will be removed with greater outdoor sales concentration on the east side of structure. Item 6 - The major modification sought in this new use is the request to removed the apartment and use the area for both storage and as a work area. As the applicants relate, the past two operations never used the apartment (Wisegarvers & Brokls). The Building Inspector never issued a Certificate of Occupancy for the apartment. The applicants point out the following draw-backs to the rental issue: 1. 2. 3. 4. Not an attractive area for living quarters A responsible agent would never want to live in such quarters If persons had to be involved with the business, this would limit available persons Owners each live on and operate well established farms in the necurby western suburbs and plan to share in the operation of the sales end of their business Item 7 - No problem with 3*s' split-rail fence as long as it is located on property and not in County right of way. Fence ties in with overall farmers market decor and would also identify the access to parking lot. The 6' high privacy fence is allowed because it will satisfy all accessory structure setbacks from lot lines and does not create safety hazards in addition to defining the outdoor sales area of 20* X 25*. Item 9 - No concern. -A. ir. u: V. In The real issue in this current review is the removal of the residential unit. This was the major concern for Council in the review of the Wisegarver application where the old apartment was replaced with storage, employee restrooms, and lunchroom. Council insisted that the last vestige of residential use remain because the apartment would limit the intensification of commercial use of the residential property and formally identify the primary use of the property as residential. #826 - Lowel April 13, 19 Page 3 The applicar with landscc area, merely their posit; plan of the any interio; Planning Coi for non-con acting on c Issues for 1.How do conditi 5 (H) 2. Are all accepta Staff views to approval do not resi; decorative exterior ui the future Are th< valid? If app: use of an int< change septic remain , it will provide signage, there used as conunercial* Limit signage to by staff. I raffic directional sched to split-rail B closed-off. This 3 but more as a Lire. interior commercial for seasonal sales on the east side quarters would limit ms in the nearby f the sales end of it is located on with overall to parking lot. isfy all accessory fety hazards in .m'--‘4 s the request to and as a work area, used the apartment sued a Certificate t the following the residential iew of the Wisegarver orage, employee vestige of the intensification ly identify the #826 - Lowell Sc... per & Glenn Nellist April 13, 1984 Page 3 The applicants contend the old ®ould neverL^'useras^Mles plln^fthfpropose?TnL?Lr nK>difiiation if Planning Co^nission approves airinteSor modification prior to Council meeting. r^»view the performance standards or guidelines ?inon?coX:?nrusfs"(SertiriS.03^ Subdivision 5 A through d) before acting on current application. Issues for discussion: 1. ■ (H) staff views the removal of the npnttn«nt issue S^dificltions to approval of .a =traignt forward application^^ do not result in an intensifica fact I aaree with applicant the ex?er?orVuft^^^ eiuTllot for aA easier residential conversion in the future if the case should arise. a) Are the reasons for removal of the apartment stated by the applicant valid? If applicant removes an outdoor sales use? dLs this reflect use of apartment area ^n use’ ^If this is considered a an intensification of use. intense’ less of a burden on ^s^tfc t?s?e^? ^?efuct?r?i^ri^^ residential unit remain, although unused? CONSTRUCl CONDITIO^ by LOWELL We p market bu and relat to offer wm The part of t $100,000 is design( keeping d< We will ui In the mai through t1 We w: areas to t We b( must have to remodel and attrac a relative the produc intend for store. Folio details of m and replaced ! used as sales 1, etc. Review ride a floor Lssion approves or guidelines ough J) before nt with original .03, Subdivision tructure 1377? real obstacle and modifications but merely as ilicant the .al conversion in the applicant siirea) and limits 3 this reflect considered a f a burden on ntial unit I f y .1 % 'A OJI CONSTRUCTION DESCRIPTIW y U_ O LL/ LS MAR ? T1984 v\ cm OF ORnwntil CONDITIONAL USE PERMIT APPLICATION FOR WISEGARVER PROPERTY by LOWELL SCHAPER & GLENN NELLIST 7t « u and operate a fresh fruit, vegetable and specialty food market business on the property, providing high quality fresh produce, foods and related Items in an old fashioned "country store" atmosphere. We expect to offer the following general groups of merchandise: - fresh fruit, especially Minnesota grown. - fresh vegetables, especially Minnesota grown. - other fresh produce, Minnesota grown. - bulk foods such as nuts, dried fruits, grains, pasta, flour, etc. - bread and baked goods. - crafts and accessories related to cooking and country living. - flowers, bedding plants, potted plants, seeds and related items. - Christmas trees in season. - canning and food preparation supplies. - general groceries - milk, eggs, etc. - dairy products. - beverages. - spices, condiments and similar cooking supplies. - other items that may be appropriate. " vegetables and produce will be a prominent SlOO OM Minnesota is contributing upwards of ? **'e promotion of Minnesota grown foodstuffs. This program kMDlne*doll"’ J* quality of the food, the need for We will use Minni" *he need to create more jobs in Minnesota, in the f .r?"" possible with a separate display throHgh“Se“;og™. ^""Oblonal material available ™... U® ®*^l*ve that a market of the quality and caliber described above to ^e!^el*.nH’’^ quality. Because of this, we propose ind "‘’® " ‘'*® ®*ls‘l»8 building and surrounding property to create fre^^Mv'? ® “5 “®rl!®" "erchandlsing our products. Me expect to hill the nroduct^ clientele of discriminating consumers who will appreciate toteSTtorrh?2 .“k® ® ®’’®®^®J ®"®“ ‘® "‘>”® «e do nottote^ for this to be a general purpose grocery store or a ’ convenUii^T" der«n!^if"JH* f modifications and repairs that we propose. Exact hese changes will be developed for approval by apDronriate offleini. ROOF OVER MAIN 40'x60* BUILDING AND MONOPITCH ROOF PVER ENCLOSED 10 x60' PORCH AREA ON SOUTH SIDE. The build'lne i.n.f ^Ive th^b nSj “ be weatherproof. The gambrel roof line will also Sh«e Thls^W ® •’?" ®*>aP« to promote the country atmos- ^ f.®"^ ! (haymow) loft on the north side to further develop board : ^3*s«torwlU carrnCt"?he“to;«e'^«"tS'''"''t mUCTuSc^^^ILl^T^ and all EXISTING SIGNS AND SIG^^CjyRK. This cleans up the appearance of the building and helps Mke it look more like a country barn. Removal of the caLpy also*^ puts more space between the building and the property line —yfu ‘he 'porch' roof, double sided would be the market name and logo in a horlzantal for.;at The seto;i ‘Tt.Ml. CONSTRUCT The that wil! being SU4 the commi convert i necessar; Ve i owner an< .t-t -iy»KiBy CONSTRUCTION DESCRIPTION - page 2 4. 5. 6. 7. 8. 9. would be near the split rail fence on a free-standing post with a changeable message area to identify items in season or special offers. If would be high enough so as not to obstruct the view of right—turning traffic. The third would be at the parking lot entrance with the market name^ logo and an 'ENTRANCE* arrow to help get the traffic off the road as quickly as possible. MOVE THE MAIN ENTRANCE TO THE CENTER OF THE WEST END OF THE BUILDING. This promotes better circulation inside the market. One existing door will be removed, the new entrance will be enlarged from an existing door and other doors will remain as emergency exits. REMOVE THE INTERIOR WALL PARALLEL TO THE WEST OUTSIDE WALL OF THE BUILDING. This eliminates congestion around the relocated entrance and promotes better circulation Inside the market. ELIMINATE THE APARTMENT AND THE REQUIREMENT FOR THE RESIDENT TO BE PART OF THE BUSINESS. There is very little work and storage space outside of the retail area. The space now occupied by the apartment would make the operation more efficient and preclude the danger of unsightly outdoor storage. Neither of the previous two users had anyone living in the apartment. It is not an attractive area for living quarters and would not draw a high quality occupant. If the occupant had to be associated with the business, the people available to rent the apartment would be even more limited. Since both of us live on and operate farms that will contribute produce to the market, it is not feasible or deslreable for either of us to live in the building. The bathroom in that area will be reinstalled and made available for use by employees and customers. INSTALL A SPLIT RAIL DECORATIVE FENCE AROUND THE BUILDING. This fence would start at the northeast corner of the outdoor sales area, run south to the property line, west across the south edge of the property, around the west and north perimeter to a point approximately even with the cold storage building. The entrance to the parking lot would be clearly Identified by the opening in the fence (and the sign previously described) and the fence would additionally contribute to the atmosphere of the market. INSTALL A SOLID FENCE ACROSS THE NORTH SIDE OF THF OUTDOOR SALES AREA. This would be approximately 6'-0" high (or as allowed by ordinance) and would be a background for the outside products such as pumpkins, Christmas trees, etc. This fence also screens the compressors, garbage cans, and similar items from public view. Along with the split rail fence, it delineates the outdoor sales area and helps control customer circulation. LANDSCAPING. We will clean up and dispose of the debris around the building, seed it down and mow the area to keep it as attractive as possible. The above is what we consider Important to create the kind of atmosphere that will be attractive for our customers and improve the chances of the business being successful. This will also make the property a more attractive part of the community. The modifications proposed could actually make it possible to convert the existing building to a residence if or when that action became necessary. We believe this proposal is in the best Interests of ourselves, the property owner and the Orono community. We request your approval of this application. 4 I* i ■h. I4J a cn M ■4 I sM g ZM aUJ ft o Ul a >- o H ES i I111 CM r HO. PAGEX >• >•s lAJ o IK IK ■w o K tt ipj ijJ toto to CMi lU IM55n 1 CO u1 CM ssM M mi*SI Ul •J f^X w < h- ^ _ Ul Crt Z in lOm 10 lO CO M cn •n (O CL Z Ul ^ E ^ S o CO to ' to o UL IP to «J Z o t- t-tn in l-C M Ul Ul > > CM to Ul Ul lo in Ul Ul to CM I CO EE >• >• I CM u u CO to ii Ul Ul Ul o to o ft o ft t Ul 4 X CO (L o E ft Ul CL Q H ^ith a Lai /lew g lot to help BUILDING. Istlng n an s. DF THE entrance T TO BE e space apartment nger of rs had ea for If the available th of us he market, .n the lable This lies area, of the >proximately >arking i (and the f contribute SALES AREA, rdinance) pumpkins , 5ors, garbage split control round the active tmosphere the business e part of ssible to became the property lication. f CD (M CD =tl5 K I /■ >v.i b--s^::':M J..4,. 4 ::J ii.f:x:3 ' '^'■ J 0^ \ QQ Xcy « ^ p30fi • -r* .- ^■>4 --ir ? X V ' fSr--iSt 4.- ;• /;/ ♦ V '• \ \5 f ^ c^) •i<» vx\>^^e \ ^0 •*^'0^ \ \ / >V£ WU— ^?Oi> X X a V I \ ifCAi f\i l> i l/> V*6uur|i>^-te(vl "i' mmmmrn. 10M{< •8 Q'’. <kA X X X ■• ."S # : rp I. »■ k \ K: X \ - -f i itJy •u (aisi^te:• . ..!«* :VJ:-: ■ '-■ .■X:, X-! k ^ V L CITY OF ORONO organized and 462 et. se zoning reg and genera identially of Orono, : which is 1< 1. ACRES", ac( of the ce] Plat 5, as records . i now vacate< 2. parcels Tl id< a)p: b)p: c)P] subject V of 1. A then owner- "h ar CITY OF ORONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 7377 APPROVING A CONDITIONAL USE PERMIT FOR VICKI WISEGARVER AND TOM BROKE AUTHORIZING CONTINUED NON-CONFORMING USE OF RESIDENTIAL PROPERTY AT 3800 WAYZATA BLVD FOR COMMERCIAL PURPOSES AS LIMITED HEREIN WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota: and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq, the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, the subject of this resolution is certain res— identially-zoned property located at 3800 >Yayzata Blvd in the City of Orono, hereinafter referred to as the "Wisegarver Property”, which is legally described as follows: 1. "Those parts of Lots 11, 12 and 13, "MINNETONKA GARDEN ACRES”, according to the recorded plat thereof, lying southerly of the centerline of Hennepin County State Aid Highway No. 6, Plat 5, as deliniated in Book 70, Page 3844152 of Hennepin County records. Also the north 1/2 of adjoining old County Road No. 6 now vacated.” 2. The above described property is divided into three tax parcels identified as follows: a) b) c) PIN 29-118-23 PIN 29-118-23 PIN 29-118-23 34 0002 34 0005 33 0006; and WHEREAS, use of the Wisegarver Property has been the subject of previous City Council actions including: 1, A non—conforming use conditional use permit issued to then owner-occupant Mayona Sundlin on September 13, 1968, for: a) "Non-Conforming Use Permit for Fruit & Vegetable Stand." b) One building for vegetables and groceries plus living quarters. Approximately 40* X 50*. One acre for building and parking. Cold Storage Building." Page 1 of 15 k: h r * ■4 L\V City of ORONO L-CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ITilJ------- r. 1 Mo 19 39 Findinq Facts and Denying the Variance and CoAditlonaf P^ijripUcatfons by Orton and Vicki Wisegarver adopted January 12, 1981. 3. Resolution No. 1271 Regarding the Status of as Kellers Market, 3800 Wayzata Blvd adopted May 11, 1981, and WHEREAS, the Wisegarver property was ^jls^rict^ temporary restraining order issued '’y °rde^ enjoined Kellers Market from business or rarrusVifdircodfard^f rf^de therein were corrected to the satisfaction of the City, and use of the property was discontinued; and WHEREAS, on December 1, 1981, Vicki Wisegarver and Tom Brokl the proposed lessee of the f^^^arver Property^ terexnafter^ oSlIrc!arnon-c:i?orng"te"on"thrwrse?arver property, and WHEREAS, the City Council has reviewed this new applicati^ the recommendations of staff and the Planning Commission and writ and oral comments of the applicants. NOW, THEREFORE BE IT RESOLVED that nf^Pact-^^ the City of Orono hereby makes the following Findings o 1. The Wisegarver property is located Rural Residential Zoning District, the following performance standards (34.b4Zj. Minimum Lot Area: 2 acres = 87,120 sf Minimum Lot Width: 200 feet Minimum Front Yard, Rear Yard or Side Yard Adjacent to 50*street: 50 Minimum Interior Side Yard: 30' Page 2 of 15 t i t- I-, ■ i ^ .F •» -1 k 2. 3. 4. mgmm h: L< CITY OF ORONO city of OROINO RESOLUTION OF THE CITY COUNCIL NO. y^77_____ 6. le Variance ci Wisegarver perty known 1; and ct of a strict joined ss as any habitation or until therein irs Market rming commercial r and Tom sreinafter non-conforming arious buiilding mi ted y; and ew applicationr n and written louncil of . ►f Fact; uB One Family :ict includes 2. jacent to if ► 3i^ I I.*-’!' '■ ii: 3. 4. 5. The Wisegarver property, including all three tax parcels, contains 71,482 sf or 1.641 acres according to a certificate of survey by Gary Gabriel dated April 19, 1980, as revised February 25, 1982. The Wisegarver property contains the following structures or improvements as shown on the Gabriel survey; a) One 49.0 ft X 60.0 ft concrete block main building plus a 5.0 ft wide open awning or canopy over a concrete the southwest or front side. This building previously housed the Kellers Market commercial use referrenced in Resolution No, 1239, and prior to that it contained the Sundlin (later Cirspinski) residence and 12-Hi Market J^^^snced in Resolution No, 1239 and in the September, 1968 conditional use permit. This building is setback ^4,2 ft from the Wayzata Blvd highway right—of—way, and the awning or canopy extends 5 ft closer to within 9 ft of the right-of-way. b) One 24 ft X 26 ft detached residential garage converted to commercial storage purposes, referrenced as the "cold storage building” in the September 1963 Conditional Use Permit. c) One small storage shed or root cellar built into the hillside east of the main building. d) One 16 ft X 40 ft wood framed "greenhouse** no longer in use. e) Asphalt paved parking lot around the south, west and north sides of the main building with paved driveway accesses one each to Wayzata Blvd and to County Road 6. The Wisegarver property is owned in fee by Mayona Cirspinski (nee Sundlin) as contract for deed vendor to Keller Trust, contract vendee and Trustee for Vicki Wisegarver*s five minor children. Applicant Vicki Wisegarver has the power to act on behalf of the Keller Trust. Orton Wisegarver, the principal applicant and subject of Resolution No. 1239, no longer has any interest in the Wisegarver property or in the current application. >■ Page 3 of 15 “ r ^4 I I--. ^ -Wr 7. parcels, certificate as revised Iding -oncrete Lng previously iced in led the arket itember, attack ay, and In 9 ft converted le "cold lal Use ito the ist and sway accesses i Cirspinski er Trust, s five ;he power >ject It in it ion. CITY OF ORONO J City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. 7. Applicant Tom Brokl intends to leasp vhci from the Keller Trust and then triLraL P^^operty property as Echowind's Country Store. business and arl ^ereby^re^fffrmed^nd'madf No. 1239 and this resolution as if fully^set’^out^he’’^® application the more pertinent findings are related Iff Si lowsf half of the^main"building'^as"her'^resid ®PP^°’‘^'!'afely one 1977, when all residential use of the Dremio"^^^ September 9, upon purchase of the property by"ort"ln"a"nrerchrwis"|g^""r!‘^ several structurL^changes*^in'the^m'' Wisegarver made the conforming residential acartment^" removing the non conforming commercial Ss^ thereafter increasing Obtaining^building^peraits'* without Ko^^°t"^oVll cdS°"- in or expansion of non-conforming changes and lesulted^in^unpermitted^o^erci^T* increased dramatically yard and setback areas an^ use of required for motorists trying ti neqotiatr'Jh® distractions sLS‘'Departmenro?%ransDo?t''t- by thea.quick-Lke deLS’^off;"".resulted in Wisegarver property as shown original Gabriel survey, and furfhf!^ February 25, 1982, portion of the on-site resulted in severing of a surfacing of untreated effiSInt’^an^fa ^causing a'/stem. erriuent and failure of the septic judged to be^a%ffety”hazard^a"d^ Highway 12 was by Chief of Police Mel a '^®uonunended for closure John Gerhardson for the following^'reasons?’^''* Coordinator 1. lack of sight distance to the east conflicting intersection movements Page 4 of 15 yarver property business and lo. 1239 application Some of Hows: mately one il September 9, was terminated ki Wisegarver, egarver made c’e by removing after increasing without le required / and ing changes !ed dramatically ■equired iistractions ay 12 y the Ited in riginal f 1982, ? of a aid causing the septic L2 was • closure ►ordinator Citv of ORONO L CITY RESOLUTION OF THE CITY COUNCIL NO. ---------- OF ORONO 3. lack of deceleration lane to Kellers driveway |crlss"High«ari2 to/frrwfstboun^lountrRoad 6 ••irnmilse" decisions where through travellers tiddenl^stop Ind turn without adequate warning ^”S::^^2"-"corntfRfarrrnLfsertiof"in^ast^^ time 7. existing entrance is too close to intersection ^ A is too fast to encourage turning8. 55 mph speed limit is too movements .eif- af-4-fflrted bv outdoor displays 8. Resolution No. 1239 .concluded byjinding that^the Kellers Market use as „ of the Orono Zoning Code and time constituted ®_''^°^“^J;2"that^the requested conditional the comprehensive ?lan, and that the >:eq _ A 9. After adoption of Resolution No 1“9, Orton^Wisegarver 10. In Match of ^-981> routine building and^fire !jrS^ton"Sisegaieer'on March 11, 1981. these violations and failure to answer ^^aer '^®Slr!no"losSrf o? thf b"uliness ?o the Public until the itemized safety hazards were corrected. 11. On April 9, 1981, Hennepin County District Judge Lindsay G. Page 5 of 15 : -0^2; m Ai t Kf % ¥ V- J J i 1 12. J I c K.- • nents ad 6 travellers ng it the LSt year's turning isplays Kellers at that :ode and iditional re corrected, it with Lsegarver open to t the violations ention e and ect safety ssu^d to correct it citations ning order until dge Lindsay G ’.-y ■ • * . • It "• i *>r ¥■ IP'-- f * City of ORONO CITY OF ORONOJ RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ Arthur issued a temporary restraining order enioininfr arKeUers'^M^V ^""^arver individually and ISin^buIinass anv ?P®>^3ting any business or permi?tinq 12.Temporary Restraining Order thi sJaL2°o?''ih Resolution No. 1271 to clarifytne status of the property. The findings of fact anH ^ conclusions of Resolution No. 1271 are Lrebv reaffi^e^ and made a part of this application and resolution as If fully set out herein. Some of the more pertinLt findings and conclusions are restated as follows: PJ^operty and business known as Kellers Council shall be deemed to be a violation of The Sr™fnfnr?oSI?»'”'°''“'°"" or Iltera?fE°5 P®™i<=s as required for any construction or alteration work on these premises shall be Lbiect City'^Councilf”''^^ ® conditional use permit by the shall°occur"nn^<-h*^^^^ reopen and no business activity chfii the property unless the City Council first of f non-confoSinrcoJi^Lcia/usrL^t^^ 1239 and contained in Resolution use conditional ^^06^1^® a’’® “"^^^inal nonconforming on September 13, 1968. issued to Mayona Sundlin 1y- ■ '"■".1 K wm ■■u-■4. :’tv 'V-l--. si ■ rf m ■ '.'1 r.-.- L CITY OF ORONO 13. 14. 15. 16. 17. ling business lermitting sr Order d fire the srs 3sed and Zoning, icy, tiding lority ition 100 istruction ;ct le CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. O'yy f ^.. f ;•! e) Approval of any such conditional use permit shall be conditioned upon abatement of all outstanding building, zoning and fire code violations prior to reopening of the building or premises to the public. This current Conditional Use Permit application by Vicki Wisegarver and Tom Brokl was made with full knowledge of the existence and contents of Resolution #1239 and Resolution 1271 and Judge Arthur's temporary restraining order. The current application is made with the intent of resolving all the violations noted in said documents and of complying with all requirements of the City so as to reopen a limited commercial produce and grocery market conr>istent with the 1968 non-conforming use conditional use permit issued to Mayona Sundlin. A review of the current application by the Hennepin County Department of Transportation has resulted in a recommendation to eliminate the existing driveway access onto County Road 6 and to serve the entire site with one new access onto County Road 6 located approximately 50ft. east of the existing de tached garage as shown on Exhibit A. A septic site evaluation report has been submitted to the City and approved by Michael Gaffron, City On-Site Manager. This report calls for an entirely new mound-type drainfield to be installed on the hill east of the garage structure, citing the area of the existing failing on-site system as unsuitable for continued use as a drainfield area. Vicki Wisegarver and Tom Brokl have agreed to obtain required permits and to do the physical repairs and improvements cited in the temporary restraining order and as the March 11, 1981, City Correction Order, including but not limited to: a) Correcting fire code violations b) Repairing or replacing structural work so as to correct building, plumbing and mechanical code violations c) Installing a new conforming on-site sewage treatment system. Vicki Wisegarver and Tom Brokl have agreed to reinstall living quarters within the main building which quarters Page 7 of 15 ................................iiiiy|iiiai|||||^'SiC A ••r it shall be ding building, reopening of on by Vicki nowledge of 9 and Resolution order. The f resolving all complying with a limited ent with the t issued to nepin County recommendation County Road 6 ss onto County existing de- litted to the i-Site Manager, ype drainfield fe structure, ,te system as area. > obtain required iprovements cited i March 11, 1981, .ted to; as to correct >lations i treatment y reinstall :h quarters km a ■ •• • S- I m Ml 4,' f ? 'tAl • ' * •/ L‘ CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ will be occuppied as the primary residence of an individual involved in the operation of the business on a daily basis. This installation will return conforming residential use to the premises in accord with the 1968 conditional use permit. 18. Vicki Wisegarver and Tom Brokl have agreed to revise the parking area and driveway accesses to remove and eliminate all vehicle access to Highway 12 and to remove and relocate the access on County Road 6 from the existing location to the new location as approved by Hennepin County Depart ment of Transportation. 19. This current application, its intent, its review, and the promises of the applicants satisfy the orders and direction contained in Resolutions No. 1239 and 1271. THEREFORE, BE IT FURTHER RESOLVED that based upon the above findings of Fact, the City Council of the City grants a non-conforming use conditional use permit to the Kel Trust and Vicki Wisegarver subject to the following conditions and limitations: 1. This Conditional Use Permit shall be issued pursuant to Section 31.100 et. seq. relating to continuation of existing non-conforming uses, but prohibiting expansion of non- conforming uses, and preventing changes in use except to conforming uses. 2. This Conditional Use Permit shall authorize limited com mercial use of the Wisegarver property as an accessory use to the permitted residential use of that property. If residential use of the Wisegarver property should cease in the future, then the non—conforming commercial use shall also cease. 3. The commercial use authorized by this Conditional Use Permit shall consist of, and be limited to, the following: a) Retail but not wholesale sale of farm produce, nuts, vegetables, bedding plants, Christmas trees, flowers and similar items grown on or off this property. b) Retail sale of normal grocery items including food stuffs, bakery goods, dairy products, packaged meats, fish Page 8 of 15 1 individual iaily basis, itial use Dnal use evise the d eliminate and relocate ocation nty Depart- w, and the nd direction ipon the Orono hereby le Keller litions rsuant to )n of existing of non- except to nited com- ccessory coperty. should cease ial use nal Use e following: ce, nuts, trees, 1 property. ,ng food 1 meats, fish ■r 1 4 L<CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. y?77 or poultry, candy, tobacco, sundries, cooking or cleaning supplies, paper products, pet food or bird seed, etc. Food shall not be cooked on the premises or otherwise prepared or served for immediate consumption either on the premises or in form of take-out restaurant or delicatessen serS i<“<b4 c) Retail off-sale of 3.2 beer subject to separate con sideration of licensing provisions and requirements. d) Retail accessory sale of miscellaneous items including small crafts, pottery, food or cook books, garden supplies or small quantities of firewood provided such sales are accessory to the grocery or produce business. e) Commercial sales and storage shall be confined within the main building except as specificially permitted herein. f) Outdoor sales of produce, plants, garden supplies or seasonal items such as pumkins, Christmas trees, etc. shall be permitted provided such activities are confined to an area of approximately 500 square feet located east of the main building as indicated on Exhibit A. Outdoor display or sales may not occur in the parking lot nor in the "porch" area of the main building nor in the front yard setback area nor in any highway right-of-way. g) Exterior storage of commercial stock, fixtures or supplies shall not be permitted except within the designated outdoor sales area. h) The existing detached garage may continue to be used for inside commercial storage, or may be reconverted to a garage at the applicants discretion. i) Commercial signage for the entire property shall be limited to approximately 100 square feet including any temporary or portable signs. j) Produce may be grown on-site for sale on the premises. k) The maximum number of regular employees on the premises at any one time shall not exceed 4, which number shall include the resident-employee. Alii;?; >r cleaning I, etc. lerwise Lther on rant or rate con- nents. 3 including Sen supplies sales are led within Ltted herein. pplies or 5, etc. shall ined to Bd east . Outdoor lot nor in he front way. res or supplies nated outdoor o be used verted to shall be ding any e premises. the premises er shall nr h 4 rli i'r r > IV ■ L<CITY OF ORONO 4. 5. 6 • City of OROINO RESOLUTION OF THE CITY COUNCIL /577_____NO. ‘M- 1) The commercial/retail business may be open to the public 7 days a week but the hours of operation shall be limited to between the hours of 7:00 A.M, and 9:00 P.M, sizfsh:?fbe^v:UaS?e'afau"ti^^ 50^sqit''e^^?eriir^etL ffr^space/iso sq ft), plus at least 1 parking stall maintained for the private use of the required residence. Designated parking stalls shall not be located so as to interfere with required building exit doors, service doors or required space for ^0livery trucks and/or trash containers. 15 spaces are indicated on Exhibit A. The residential use required by this Conditional Use Permit shall consist of at least the following minimum requirements. a) 600 square feet of the main building devoted to a re sidential apartment including bedroom, bathroom and living area. The residential toilet may also be used for the required commercial toilet if it conforms with building code requirements for public use. b) Independent access to the residential unit separate from any access thru the commercial area. c) At least 1 residential parking space as noted above. The required residential apartment shall be occuppied as the primary residence of an individual employee, manager or owner who is involved in the operation of the business on a daily basis. The main building shall be used for both the required residential use and the authorized limited non-conforming commercial use. Of the total 2940 square feet building, at least 600 sq ft shall be devoted to the residential use and not more than 1600 square feet shall be devoted to interior retail sales area (including the semi-enclosed south side veranda but excluding the 5 ft open "porch ) . The remaining areas may be circulation space and commercial storage, office or preparation areas. No reduction in the required residential area shall be permitted. No ex pansion of the commercial retail area shall be permitted. Page 10 of 15 -IBliiT Ei : < I p ; ,€f ■ V T * • % CITY OF ORONO 7. 8. 9. 10. > the public \e limited the approved ail + 1/150 sq ft) , 1 private .ng stalls [uired jpace for ices are 1 Use Permit requirements: to a re- and living for the building d above. luppied »yee, manager le business squired •conforming building, Ldential 5 devoted 2mi-enclosed "porch"). [id commercial ction in Bd. No ex- permitted CITY OF ORONO[j fr 1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. /277_ _ _ Any such commercial expansion would constitute a violation of the terms of this Conditional Use Permit and would be a violation of Zoning Code Section 31.108, Prior to reopening of the business to the public, the applicants or their contractors shall obtain all required permits and shall abate and correct all fire code violations and all building code violations as noted in Judge Arthur's April 9, 1981, Temporary Restraining Order and in the City’s March 11, 1981, Official Correction Orders. Correction of these items will be verified by the City Building In spector according to State Code standards and requirements. Because of the time of year, the City will authorize strictly temporary use of the existing septic tanks as sealed holding tanks which shall be regularly pumped to remove all effluent from the premises provided that as a condition of this permit the applicant’s hereby agree to install a new mound-type on-site drainfield and associated pumping system in accordance with the design prepared by Hankanson Anderson Associates dated December 4, 1981, as reviewed and approved by Michael Gaffron in a report dated January 29, 1982, which work shall be completed and in use not later than June 15, 1982. The new on-site system shall be subject to all normal permits and inspections pursuant to.Ordinance #210. Upon completion of the corrective work noted in item #7 above, but not necessiarily prior to completion of the new septic system noted in item #8 above, the City Attorney advise Judge Arthur that the City’s requirements have been satisfied and that the April 9, 1981, Temporary Restraining Order should be released. Prior to reopening of the business to the public the applicant’s hereby agree to complete the County forms necessary to legally combine the three separate tax parcels of the Wisegarver property into one parcel for tax and zoning purposes. The applicants hereby agree to remove the existing wood frame greenhouse from the Wisegarver property not later than June 15, 1982. A specific and vital condition of this permit is that all Page 11 of 15 ♦ m !• •i L CITY OF ORONO 13. 14. i vel Roi Wai Ro< Coi ag] anc Dei th€ a) Hie rer b) exj 6 c mer Fur off Hig and mov The wil or wou to to Pla mai to str Res was of to Cod violation /ould be r the required i violations je Arthur's 1 the 5. Correction ling In- juirements. :ize iks r pumped I that :eby eld the design )ecember 4, i in a >e completed j on-site I inspections -tern >n of the ;y Attorney tents ’emporary the :orms :ax parcels tx and ig wood : later that all L' CITY OF ORONO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. _______ 13. 14. vehicular access to the Wisegarver property be from County Road No. 6, that no vehicular access be permitted from Wayzata Blvd, Highway 12, and that all access to County Road 6 meet the location and design approval of Hennepin County Department of Transportation. The applicants hereby agree to obtain a new access permit from Hennepin County, and any work permit that may be required from the Minnesota Department of Transportation, which permits will authorize the following: a) Complete removal of the existing driveway access to Highway 12 including reconstruction of the ditch line removing all traces of the existing fill. b) Similar removal, if required by Hennepin County, of the existing driveway access to County Road 6. c) Construction of a new drivevray access to County Road 6 according to the- requirements of Hennepin County Depart ment of Transportation. d) Restoration of all disturbed areas with sod or seed. Further the applicants hereby agree to physically block- off and prevent use of the existing driveway access to Highway 12 prior to reopening of the business to the public, and to physically complete all of the required access re movals and changes prior to June 15, 1982. The applicants are hereby notified that the City Council will not consider any future building construction, addition or expansion for commercial purposes because to do so would extend or intensify the non-conforming use contrary to the intent of Zoning Code Section 31.108 and contrary to the intent of the Comprehensive Community Management Plan. This provision does not preclude normal building maintenance, repairs or incidental alterations necessary to continue the non-conforming use within the existing structures as permitted by the terms of this resolution. Resolution No. 1271 noted for the record that April 8, 1982, was the 12 month deadline date for reopening of some form of commercial business on the Wisegarver property in order to preserve non-conforming use rights pursuant to Zoning Code Section 31.105. Because of the good-faith efforts Page 12 of 15 County rom inty lepin ) hereby 5unty, Lnnesota :horize to le of the ioad )epart- Lock- to t public, >s re- CITY OF ORONO City of ORONO resolution of the city council 6^ 15. 16. • ^ VY^^rebv extends the - ritv Council hereoy . than June 15. 1982. nested property as may be welfare. APP^i®^?hlr conditions if after health, to object to such determines thatwaive any >^^9ht| ^o I ^he C^ty Council health, , complete and full protect the P such c°n<J^txon safety, an w including Based upon the findings °f ^S!"l239 and No. 1271, the.^^ the findings «®®°^eclares that they would ,hav City application j°^*.rictly adhere to thethis current ^PP i-uat they would stric y furtherby the applicants ha^^^^^ forth herein, ^^^aitional thfcoincil^eclares^that^^ «i“'JttIonf of thifresolution use peinnit s terms and c°n<i _ade for one orinvalid unless all tn ^ igration is made r are complied with. This^^^_^^^ more of the fo reased or expanded a) .ny other commercial^use with th^lfs commercial ''looming use as anf thereforeexisting non-conforming „ o„a Sundlin, an hibited conditional use P®tmit i „ variance as pro ^ ‘ ...i— . ...... -...•occupancy would likewis variance. node and fire Pailure to correct the Uat|a^‘>-^,hh^nd safety hazard code violations would De to the public. cvstem would d) Failure ^°/,°^rt''poUution"and health hazard to the constitute a direct v public. Page 1^ of 15 ■Ui > I ids the gr then d property xcept of this. conditions the public ree to 5 if after nines that health, iding :he ienied o the rther litional 'O• resolution le or >r ©xpsnded \e prior the 1968 a therefore prohibited ng residential _ted "use** ae and fire safety hazard item would 'ard to the ^ >] « 4j ciry .OF ORONoJ City Of ORojvo f’aiiure to ^ :::f ““‘-S ixs Conditional , highway lo'^option cJse ^ ^2. signed by shaffb^’^ Phis w^Y “-ConfoJ"^ Of shall K assigns, except ownerspe»„i,:-co.pzi.„,i w^r.r4YYi-iiy ' --Sbeii be '“and condi*,- 1 “e auto»,^.. ‘’J This n ^°nditi®"^ ''it. terms lnd®'''"^‘= shail k„ tl,^ °t about a'^°”‘iitions ro ^^^°™^ticaii, « »M. B. *“‘' “S..?..';- ■".» «bS;"mi »»C) Thic dually thereaff ®^ch reo - °wn^Ysb%^'i«eYeYlYes^^ resolution as f^^naturYon J’f'^sin, whYY"? to ?> This perm ,. record byYh°^-'9inai YloY®'"®"‘=the Citv^r^*"^^ ®hall t,_ ^ Orono Other i-k Council unr^ ^oviewed =. ^ derjc Brokf the Keiff" ‘^'’ange7n '"“st be t-ohl. Keller Trus?, ^ckrYf^hip ‘^^nsferred by *> Thi.. ‘^^s®garver 7 ^^^ty 'Old uY„P"5?it for ________ ’’o"-PP. bbb. "‘"--"'/S' ' be autom ”• -tss'-n::::" • •—"p.HrV“vB‘;‘„*;y p.op.„, - ___________.... . bp ,. K.'.... \r^ i tv»i,»'. Y.'I :':i' '■; ■■' ■.".' Ni=:^Yv>VY-. ' '■ / - '■ >■; ■ , .- .* ■' ■ r. ■ " V iXv. i.- ^'•.y■^v;^^,.■■:..■- ■; b^->w '4m'i i iS-1 • ^ >. ^#S: t i-t 4^ I vs*'* V- -..>-■ L‘ CITY OF ORONO 20. Adopted b ATTEST; Alberta M We the ow Condition of oursel described agree to we agree condition Orono Zon solution STATE OF COUNTY OF JO_ day STATE OF COUNTY OF day ✓' / o I' •i V1> ^9hway 22- “Pon void if „ ?®® not run P®rty owners ®® followlf ' Of this >d the on ^<5eration le to operty ^ to ^ to y^eemen t >y Of Clerk. ?ficaliy LOd r frre, to ht CITY OF ORONO 20e City of OFtONO RESOLUTION OF THE CITY COUNCIL NO. /?77_ _ _ Any violation of or non-compliance with the terms and conditions of this Conditional Use Permit and/or Variance Resolution are and shall constitute a violation of the Orono Zoning Code which shall be punishable as a misdemeanor as provided therein* 1982. William B.'^Van Nest,Mayor Adopted by the Orono City Council on this day of $ ATTEST: yp? • _ _ _ Alberta M. Strom, City Clerk Mary C. Butler, Acting Mayor We the owners and applicants have read and understood the above Conditional Use Permit -.nd/or Variance Resolution; we agree on behalf of ourselves, our secc.iSsors and assigns that the use of the above described property may be so regulated by the City of Orono; we agree to the terms and conditions of this permit as specified herein; we agree that any violation of or non-compliance with the terms and conditions of this resolution shall constitute a violation of the Orono Zoning Code; and we agree to the\filing of a copy of this re solution in the chain of title to the property\ WUMiAkct^L j Vicki Wisegarver^applicant an3 Attorney in FactC-tor the Keller Irrevocable Minor's Support Trust STATE OF MINNESOTA ) * ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me 30 day of ^7 » 4 , 198J_ , by Notary Public iti STATE OF MINNESOTA ) ) s s • COUNTY OF HENNEPIN ) Tom Brokl, lesse< The foregoing instrument was acknowledged before me this day of _ _ _ _, 19^ , , by ^_ _ _ _ _ i 4'./ c‘M‘. 4..- I*.A k: -.M.•. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Notary Public ^>Z4r2^J Page 15 of 15 !, RE.£aL. *1222. EXHIBIT & A tr- I 'r::rm :-r-. \ - 'I :1 ■. V V lf4^ TO: FROM: DATE: SUBJECT: Application Zoning dist: Total Area ■ Dry Wetlands List of Rv; Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G The applic to file a buildable note: Par separate 1< division, the wetlam 1 • 5 to two has inspect within Parc Total dry Applicant Actual Dr^ Variance Variance Robinson's is difficuj from the sj road. Area resol. *022. EXHIBIT & ^L£2:y n ■' ’. ; :. ■^ ■^ fcir'.:‘ - :r- TO; FROM: DATE: SUBJECT: Planning Commission Members Jeanne A. Mabusth, Zoning Administrator April 13, 1984 Application - skp»f-oK .^i / Zoning district - Review Total Area - 26.5 acres minimum Wetlands - 13*0 Icltt survey G. GabrielJ.O acres per survey G. Garbiel I^ist of Exhibits Evhi’K^^ t “ Application Exhibit G - P^opLlS^di^i^iof"^^ subdivision “ 4401 Wayzata Involved i/Jh|s has inspected the «5i+-« not been included in survey, lotai dry area r<snMi*v-«^ .- iuxjLowing Appiic^t-rpropllai''®*^ : if three-lot plat)Actual Dry Area iM Variance ~ 11*5 acres Variance ^ i’f ®^^®s per Gabriel Survey acres per wetlands map and staff inspection j-1_ __ _ _ p^, . . map and staff j Robinson's home is located on 4-u #825 - Gej April 13, Page 2 I have no They shoul approving As a staf; inspectioi No action prepared t the curren 1 Wayzata iy wish le dry Please ^ is a n this ) and survey. Staff ends inspection It s 50* private vV •'j :• S'# :■ - :;-S iiiiii1^1 ■ W-. Si»|SfP *. • ■ * April “°sher Sadeghi Page 2 I have no wr-if-4*£»«_ They should bl oiv»n^"*=® the applicants with hs • approving dry buildab^ Sces‘?o‘?hl“?^r As a staff person proposal rf applicants file a fornlirappul^tii^;' ‘" ^PP^ove) 1 lication for le site > assumed lid be ••or approve ) .» : t ^ * . •In CT Jjf.r:p* *• * *i • . •* h * ’'o|4^V mimm. / /MM i#?':V: / / mk<k4 ,5 ^i...• • •• «fiW ► . -♦•«.• • 4 . *' •* #■ . ■*. *♦ •5‘,2 V « MiS ',.(7.1 Ht' ;•»> , 1 4 \ p • •n'. ] \\l ii t t !/ 4. • *»( ■•• •• ■««4t • 4 4. " :•< f ^ ,• ■IJ 'V'- ■>•• '-*v •:.■. •«•;. -. ■ • «v :.4 ' ■'■'i '■■,• V i; :," - V ■•■' In doing a i Maps, I not< The proi loam, C< soils, : Marsh, I septic s can supf 3.If you V contains survey s area req (See att If Planning lots can be and alternat nil iftilh jfliii 1*. • •• • *. •h !'i% •1 j f \ . ^ \ •n ■k. s .— —■#?i.f. ] I t ( TT...-^1/ April 10, 1984 In doing a short review of the Soil Survey and Designated Wetlands Maps, I note the following items: Jeanne A. Mabusth, Zoning Administrator Michael P. Gaffron, Assistant Zoning Administrator ^^825 - Gerald Robinson - 4401 Wayzata Boulevard - Sketch Plan - Septic and Wetland Reviews The proposed division contains Kilkenny loam, Hayden loam, Lerdal loam, Cordova silty clay loam, Erin loam, Hamel loam and Peaty muck soils, in addition to large areas of marsh. Marsh, Peaty muck, Hamel and Cordova are generally not suited to septic systems. Kilkenny, Erin, Hayden, and Lerdal on occasion can support a standard trench system, but often require mounds. If you will look at the Designated Wetland Maps, applicant's Parcel C contains an extensive wetland area which has not been shown on the survey submitted. If this wetland exists, it decreases the available area required for subdivision in this five-acre dry—buildable zone (See attached maps) Commission determines that a subdivision to create substandard ^ considered, I recommend that septic testing to locate primary and alternate sites be completed prior to final approval. (A * . * r; m rator rd - Sketch Wetlands im, Lerdal i Peaty muck »uited to >ccasion mounds. int's Parcel C town on the the available .Idable zone. te substandard ocate primary of *.V •. ‘ _ • . V. - • . ♦« *, •. > • • - • • ^ ^ ••• ••...•• - . • •• . • : —• -r- v§s-1-. itk' .: ^ m* **• *• * ■.. C.V.' ; . .ri* • • V*-I r -M »V1 s. ■ > • -V.. " * •* ...../. \ K-:. •* ‘ \ • 5 • * *. 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'. :• ■; ;) ^ • * -* ■• \ > * ■ • • V 5 ■i •. • • •• r» V •* • . St ’ *1 . .^••••^sh-'---,J »i ■wi ; ' ' f • -f FPf5i-v;-^ •Jj-:;-':•''■•■ if:* S^': ^^ -f ^ r 'i ^1.. "1 '■ <? 13 ^ * »fc. A. / / A./ f V \ *t % • • .1 ^ 4. *. /• ; r/o r-., --■ ' ■'. . .■ ^ !. ,:• .-■. ; ■. K^- *v.i»^ CITY OF ORO: PLEASE FILL name (pleas 3. £eij^ 4. /VA\JCy 5^. nAii£ } >iWt 10. v: ^h.^/eny\ A/ / •• • / V. . m it.,- Wi W^<M ? Imm ?ii; "■-i'4 1-: '<• Pisi > v:mt3^1 w PS'W ' \ ^ i :-'3C m ■■•f: ::a.:'';i*7 \y: PUBLIC ATTENDAMrP r*,::r CITY OF ORONO MEETING DATE (p “ / PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS 1- r. p. i^c. l^ZT.a. ) application number/name PRESENT FOR 2. £SK/C yotgoYl4i4c 4. AiAitac f i ^17 7» lZ 33^ jl/ >\)/^^ tycHh'o f -/ D C!ajULi!^ y 8»T.^d^/ k /l^ jy / •// ! i/ J V""'I o ^^ v ■ /^>y J iW * Y ( t. Ly /fy^,/}rC -7B Vi 1 ^'^Zy } 7 /> /.'/1/ i>. 7'<_ /r/ c3 j oo 0^0^r / « T IV 14. »• V //X/Z «£^7^.7.0 // ^ ^l*i^ <^a r y-2 1.6. ^ \IPl((qf S'2-.C. «— i 1^, lli-: V ?l / X "i 0 Vi ( -t-. ! s' - ■' ' * 1 r:i N- Pa - '•r ■’ PLAT or supver fop EUeeMt AMD MANCy A^SCDirNAL or LOT I, PPPTENS POINT FINST DIVISION ^■S %!(. li /f?y ?0£ ♦ >.—I ’'z:'V i \ ^ f <» j I - -5SLT* % C’O,- t torvbjr certify W»t t.hl» Is a trua and corr»<-t raprasantalif.n s> a ajrsaj^ of th» foundarSaa of jaX 1, hrtan'a Mat First Blalalon, Uta Forth Una of ahlrh lot was aatabllahad b} *udl.-ltl dacraa round tr. Saak 129 of Marallanaoua 9an>ris, pans XK, IB tha ............................ •f tba plat tharsof on fUa or of raeard Ir. 'ha efflrs of 'Jia County Ikrordsr In and for aald County, and tha loratlon of all azlstlnc lnllc!lc.(t> > road, and a drlasway theraon. It doao not auroort to show othar Inprewaaants or onrroarhMBta. laloB, tba Forth Una of whlrh lot was asUbUahod b} *wll-ltl dacraa found tr. Saak 129 of MaralUnaoua <tocoris, pa«s }79 tbs ofrica of tha County Racordsr of said Honnspln County aid MrSad by a Judicial aonuaant placed at tba liorthwast eemu* said lot and tv anothar Judlelal annuasBt 1010,J fast bet alony aald Una ftoss toe first -autionad aanuaant, aceordlnc ts 1 County, «nd tba location of a arewaaants or ancroarhaaata. ooun k. cornu co.. nc. ddr£ao H. Coffin »»{. b.S spUi 1 ina • ICO fMt tpta I >>9-a4 • I Hankels • I JMlelal labterk • I Iron brkar #824 Mrk 3. dronbart >s|. la.U7» Und Surrayora and FUnaars lone manssou irfjiir's *1 ■1^'' r •*« *1 f •/«%««' .-tfATEftTQviff* ~‘WeAB- 5h . >«« 4hi« W » ff* ____ - '- ------ *!!. •■-i. V- \ '«• ] .-;/7 ■•' /' • 39 LOTS 6?OOfeet rood COUNTRYSIDE MANOR CONCEPT PLAN a c:> V !to >v>rtft*«*4 rmt ^fc»tr ( •»»»>.• i.- *r^h***t i»r«»r • 1 *• <teo < <M VI (4 4. Vf M.Il «•£-'« >«twa r r PREPAREP POP LAKE MINNETONKA HOMES S 1 1 f 'i ! 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