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05-21-1984 Planning Packet
h PIANMING COMMISSION MEETING MONDAY, NAY 21, 1984 7:30 P.M. 1275 BROWN ROAD SOUTH -* COUNCIL CHAMBERS Council Representative - Mayor Butler Public Hearings 1.7:30 p.m. #830 William Smiley, 2720 Pheasant Road Lot Line Rearrangement 2.7:45 p.m. #835 Judd Rogers, 4490 Forest Lake Landing Lot Line Rearrangement Action Items 3.#819 William Mills, 200 Leaf Street ^ Subdivision 4.#827 C.D. Williams, 1932 Fagerness Point Road Variance - Public Hearing ^ J 5.#828 Larry Karkela, 4149 Highwood Road Variance - Public Hearing 6.#831 Robert Haapala, 4015 Dahl Road Variance - Public Hearing 7.#832 Harriet Hehl, 405 Oxford Road Appeal - Board of Review - Public Hearing 8.#833 Harry BrockoF^, 993 Wildhurst Trail Variance ~ Puijlic Hearing r 9.#834 Brian Fulmer, 3505 Wayzata Boulevard ^ Conditional Use Permit - Public Hearing ' Information Items 10.Planning Commission approval of April 16, 1984 minutes. 11.Planning Commission :<^elect representative to attend the June 11, 1984, Council meeting. Adjournment IG COMMISSION MEETING NAY 21, 1984 7:30 P.M. OAD SOUTH - COUNCIL CHAMBERS / ayor Butler am Smiley, 2720 Pheasant Road earrangement Rogers, 4490 Forest Lake Landing earrangement 200 Leaf Street ^ 1932 Fagerness Point Road ic Hearing ^ 4149 Highwood Road ic Hearing 4015 Dahl Road ic Hearing 05 Oxford Road of Review - Public Hearing 993 Wildhurst Trail ic Hearing 505 Wayzata Boulevard ^ Permit ~ Public Hearing ' ipproval of April 16, 1984 minutes. iielect representative to attend the .1 meeting. y iK/y !^&1^ I •iiijt ] 1 .UMI V •>i ^r - V ' I Li •it, tf ■f.- .’■■"If ii i "v>: PROM: DATE: Planning Conunission Michael P. Gaffron, Assistant Zoning Administrator May 14, 1984 SUBJECT: #830 William Smiley, 2720 Pheasant Road - Preliminary Subdivision - Lot Line Rearrangement Application - Per Council Directive - This is a request to realign existing lot lines and create a new building site. Zoning District ~ LR-lB - 1 acre minimum lot size. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owner's List Survey Council Minutes (3-12-84) The applicant owns Lots 16 and 17, Pheasant Lawn. His existing house IS located predominately on Lot 17, with a small portion extending into Lot 16. The total dry area of the two lots together is 54,300 sf or 1.25 acres. Proposed Area Lot 1 Proposed Area Lot 2 Proposed Lot Width Lot 1 (at building site) Proposed 28,500 sf 25,800 sf 118' Required 43,560 sf 43,560 sf 140' % Variance 35% 41% 16% Proposed Lot Width Lot 2 140 41% conditionally approved by Council at their March 12, 1984 meeting subject to completion of a lot line rearrangement providing for a 10' setback from the structure on Lot 17, and designation of a building envelope for the new structure. The survey (Exhibit D) shows that the 10’ setback from the existing structure is maintained, and designates a building envelope roughly 50 X 65 meeting all required setbacks. The Council indicated no variances other than lot area and Width would be allowed with this application. Note that both lots would appear to be within the hardcover standards (no more than 25 percent hardcover in the 75 • - 250' zon0}• mmmmrn May #830 Page Basel dire line trator Preliminary to realign ling site. sting house ending into 0 sf or 1.25 Variance 35% 41% 16% 41% their March irrangeinent >t 17, and “e. le existing >pe roughly kdicated no i with this within the e*i5* -250* May 14, 1984 #830 William Smiley Page 2 Based on the above, it would appear that all requirements per Council' s direction have been satisfied. Staff recommends roproval of the lot line rearrangement subject to the following conditions: 1. Structure to be constructed on new Lot 2 (old Lot 16) must adhere to the designated building envelope. 2. The City will approve no additional variances with this application. 3. All improvements to Lot 2 (old Lot 16) are subject to the performance standards that govern development of lakeshore properties, including hardcover standards. Provide utility easement (for existing sanitary sewer connection) in favor of Lot 1 (old Lot 17) upon transfer or sale of Lot 2 (old Lot 16). 5. Applicant to time the building schedule with the upgrading of Lift Station 7. 6. Payment of park fee in the amount of $440.00 «'• * . * , ■. • • ' . % * «• - T• • • • • • • • fT: f.. « j ■y CITY OF ORON SUBDIVISION APPLICANT Na Ma Ad property: Na OWNERS na Ad (A PROPERTY LOG St Le' EXISTING LAN: Nui De' Pr< Pr< PROPOSAL nur Council's ►f the lot d Lot 16) with this 5ct to the Lakeshore eiry sewer ansfer or with the [r! *i ■ ? i ' u- 4 ’ m '’-j’ iT- 1'f- ’i/' ?gmiM fr^ CITY OF ORONO SUBDIVISION APPLICATION FORM APR26I9B4 date CITY Of ORONO APPLICANT Name U Telephone yOy \ g Mailing Address <^1^0 “PV.*, . >.rv c-e \ ^ V t; ?. a.\ property: NameVv^.; OWNERS « ,.Mailing Address S*Vv«.o.'>vjv'r\ V c^\v >e ^ i.cN>A ^ \ »vj Telephone (Attach list of more than one) \ ^t\ ^c«\a-cH \Afv PROPERTY LOCATION Street Address ^ V>.(X ^.V ^xX Legal Description ^ \ ^ 9Vil (PiD) \vi > g-^ - > <:^c>\c> cx <g*raa \\n - <V?> - C> EXISTING LAND USE Number of Tax Parcels Development Size \.0-sr N^OO <-r» N/l> Present Use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) i Present Zoning Dist. 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Y'» I*‘j loy :r,d I'\ ':l.rn % ♦ k' '•> 0! :r • ^ «• , t »f / irr.r :?<‘ta APR27l9e4 my OF ORONO I h»in'by r.srtify t\.ut thip it; a true and '^orroc.t repr^Ji.orl:it:ori cl’ u s\;rv(?y ol' Ih*. bcundai'iiir. rS ijctc It and 17, i^hcactr.l I^.wr, aid Ut*‘ lo''at,ior; ol' all nxistinf: tuiiv;ir.( C ti.crfcor.. It deer r.ol pur port to r>h')V other iniprove.'rior.ta or oiifix^achrr.ont!:, GORDON R. COFFIN CO.., INC. Gordon R. Coffin Bf'(\ NrK 6(XjA lMarl<‘S> Cron berg Re^-. fJc. 12751; ..djund Surveyors and Plannorr Long l&k'e, Midnecota • • •••• • -• - • . ’ • O- •• 1 •• •. #* V • 4^. t, 1 t. ■: t v. V. , Ci i,5» REGULAR MEE ATTENDANCE CONSENT AGEN MINUTES* PLANNING C0^ COMMENTS PUBLIC COMME #679JCM1LIAM ■272 b PHEASAM VARIANCE minutes* c. ? • REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984.PAGE 1 ATTENDANCE 7:00 p.M. CONSENT AGENDA* PLANNING COMMISSION COMMENTS PUBLIC COMMENTS #679JslXELIAM SMILEY 0 PHEASANT ROAD VARIANCE The Orono Council met on the above date with the following members present: Mayor Butler, Council- members Adams, Grabek and Hammerel. Councilmember Frahm was absent. City Engineer Cook, City Attorney Radio, Zoning Administrator Nabusth, Public Works Coordinator Gerhardson, Assistant Zoning Adminis trator Gaffron, and Recorder Sutton represented the City Staff. City Administrator Benson was not present. Planning Commission Representative Callahan arrived at 7:04 p.m. Mayor Butler moved, Councilmember Adams seconded, to approve the Consent Agenda*, subject to removing item §28 for discussion, with all staff reports concerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk soffice. Motion, Ayes (4), Nays (0). Mayor Butler moved, Councilmember Adams seconded, to approve the Council minutes of February 27. 1984 Motion, Ayes (4), Nays (0). Planning Commission Representative Callahan had no comments. There were no comments from the public present. Yale and Suzie Smiley of 3818 North Shore Drive and William and Isabel Smiley of 2720 Pheasant Road were present. Zoning Administrator Mabusth noted that this was the first application where the City would have to apply the new standards eliminating the common ownership issue. Mayor Butler asked where, the sewer line runs. Butler f there is a sewer capacity problem with ^ ^ Smileys would have to waituntil that is upgraded. Councilmember Adams stated that the Smileys shouldn't nexo up. • • CouncUnember Gtabek moved, Councilmember Adams V variancefor William Smiley, based on the following findings: J*** «tea fnd lot.width of Lot 16 Is consistent with netghS^rCd!"' • • • with’^JheVro^rVy*“"“* land to combine §764 CALVAR1 2420 DUNWOOl VARIANCE ANI USE PERMIT RESOLUTION -.V, PAGE 1 date with the itler, Council- Counci Imember , City Attorney r Public Works oning Adminis- epresented the snson was not Representative ns seconded, to o removing item >rts concerning ittached to the le in the City ays (0), ns secondedt to uary 27, 1984. allahan had no 1C present. bore Drive and isant Road were ith noted that the City would ting the common ( runs. Butler -y problem with Id have to wait leys shouldn't Imerober Adams width variance i«^ing findings: onsistent with Pheasant Lawn land to combine 4 jSI f i-i i 'f-i 1. a:- ■ i : ■ * >.! vv'l’; ■ii, <* »*. 'v :V.i . •t- ::t.r' Si, » REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984.PAGE f* , . • • • • 3. Sewer and Water are available to the property. . •" •• •.4. Unanimous support of variance application per written petition from Pheasant Lawn neighborhood. 5. Lot’16 was purchased separately by Mr. Smiley - 3 years after he purchased Lot 17. The lots have been taxed separately. 6. To permit construction of a residence on Lot 16 meeting all standards of the Orono Zoning Code will not present any danger to the public health, safety and welfare. Approval, is based on the following conditions: 1. Formal variance approval by Council will be delayed until the applicant completes a subdivision application of a lot line rearrangement providing for a 10 feet setback from the principal structure on Lot 17, area of Lot 16 to remain at 26,342.5 square feet and designate building envelope for new structure. 2. Provide utility easement in favor of Lot 17 upon transfer or sale of Lot 16. 3. All improvements to Lot 16 are subject to the performance standards that govern development of lakeshore properties. 4. The City will approve no additional variance with this application. 5. Applicant to time the building schedule with the upgrading of Lift Station 7. 6. Applicant to proceed with a lot line rearrangement application. Motion, Ayes (4), Nays (0). ♦ #764 CALVARY MEMORIAL CHURCH 2420 DUNWOODY ROAD VARIANCE AND CONDITIONAL USE PERMIT RESOLUTION #1609 Bert Haglund was present. Zoning Administrator Mabusth noted that Calvary would be reducing the hardcover 26 percent but that they would need a parking' area variance. Counci Imerober Hammer el moved. Mayor Butler seconded, to approve Resolution 11609, A Resolution Granting A Conditional Use Permit Per Municipal Zoning Code Section 34.022 and a Variance to Municipal Zoning Code Section 34.5l0 and 38.305, to permit construction of an 81* X 104* sanctuary addition to the existing j-^hiijrcJhu___KoJtLjLnjo___Avjejs L4J l. Na^^js L0Ul^^______________________ Applica List of Exhibit Exhibit Exhibit Exhibit Exhibit The ap] Forest neighbc meet th the nea is 7.7' Tract A 500* zc Hardcov€ not subn PAGE 2 the property. plication per neighborhood • >nditions: Mr. Smiley - 3 lots have been ence on Lot 16 g Code will not th, safety and incil will be a subdivision providing for ructure on Lot square feet and structure. of Lot 17 upon subject to the development of 1 variance with hedule with the e rearrangement It Calvary would b but that they sutler seconded, ition Granting A •al Zoning Code ipal Zoning Code construction of :o the existing :.v ♦ 'V ■ ■mm ' tOz FROM: DATE: Planning Commission Gaffron» Assistant Zoning Administrator May 16, 1984 SUBJECT: #8^ Judd Rogers, 4490 Forest Lake Landing - Preliminary Subdivision Lot Line Rearrangement - Variance Application - I^t Line Rearrangement to allow construction of an attached garage meeting side setback requirements, also requiring a variance to hardcover regulations. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Survey Staff sketch showing hardcover Wishes to construct an attached garage facing onto KK ^ 1^® Landing. Applicant has made a purchase agreement with the neighbor to the north to buy an approximately 900 sf parcel in order to ?hlneare‘st'’oointis 7 7* from'!-< Jm-existing house TraV/» i w ^ closest point. Also, the hardcover on 500° zonis exceeds the maximui.i allowable in the 75-250' and 250- So^’^sub^I/har“^^^^^^^^ - ^PPli^ant did Tract A Existing Lot Area Hardcover Existing Percent Hardcover Percent Allowed Percent Variance 0-75'3,600 sf+0 sf 0%0% 75-250*8,300 sf+3,760 sfi 45%25%20% 250-500’2,000 sf+1,700 sf+85%30% •55% 4sn'’f/of ®"'^ additional driveway apron would add approximatelv Sis Tot'*alreadv^''®i'n‘"7“ “‘*P®®’' ’’® “"P*' hardcover ont s lot already, in order to recommend aoDroval of fivia ..w ^ . * * • • • Page 2 #835 Ju Other q 1 • Acc Is 2. Whe Is 3. Whe Note tha fee, we 1 variance additio] nistrator - Preliminary ance :ruction of an requirements, r regulations. e facing onto cement with the :el in order to Lon would be at existing house e hardcover on -250* and 250- applicant did nt Percent d Variance 20% 55% approximately to nearly 100 lined from the te slightly by h hardcover on this attached current equal roperty. 1 f i A- , ■i'-' yy P-' i Vi‘: 't; 6>-i i5-.;-■ ■ 1^', Page 2 #835 Judd Rogers Other questions to ponder: 1. Access onto Forest Lake Landing - Is there adequate area to provide a safe access? 2. Where is existing well - Is it affected by the new construction? 3. Where would the reduction of hardcover occur? Note that at the time Rogers submitted the application and subdivision fee, we had not received the survey and did not know that the hardcover variance would be necessary. 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HJ Ik Ik M ft O O CO 00 t i.C5 -:u,- List oi Exhibit Exhibit This ap septic applies accoininc Upon existin flowing 1982 an believe drainfi totally This b drainfi need to future At all t rates b\ margins alterna system system t ranging require systems require suitabl< margins! would re systems In ordei complete alternat immediat Other cc TO: FROM: DATE: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator May 16, 1984 SUBJECT: #819 William Mills, 200 Leaf Street - Subdivision List of Exhibits Exhibit A - Application Exhibit B - Current Survey This application was tabled at your March 19 meeting pending receipt o^ septic testing information. As a result of subsequent testing? applicant has submitted a revised survey, changing the boundary to accommodate an alternate drainfield site for the existing house. Upon my site inspection, I found that the drainfield serving the existing house IS failing miserably and discharging to the surface, 1 pond. This system was last inspected in Fall JL982 and at that time the system was functioning adequately and was believed to be no closer than 30* to the pond. It is obvious now that a drainfield line extends to within 8' of the pond. This system must be totally replaced and must conform to code. an add^itional problem—although an alternate ^ this house was tested as required, this site will futuxr^ use*^*^^ immediately, leaving no further alternate location for marginal sites requiring innovative drainfield construction. The existing house is quite suitable for a mound ml require extensive curtain drainage for a trench system to function adequately. Both sites for the new lot have slopes percent and with high water tables, which would also svsi^imc order to allow standard trench lim ^ modified shallow trench system at these sites would "If3or loamy sand and loam fill layers be added to create a maio?na?l imported, and which is slopes. A mound system on these slopes would require unusually great amounts of sand. These will be costly systems regardless of which is finally used. cosriy consistent, we must ask that additional testing be completed, and if necessary lines rearranged again, to create an iii^ediately!*^"*^®^*’ m addition to the one which will be used Other considerations for this project include: 1. Lot 1 granting a driveway easement in favor of Lot 2. receipt of testing, >undary to 9 house. rving the \ surface, ed in Fall Ly and was now that a em roust be alternate site will ration for rcolation roake them ion. The »r a mound a trench ive slopes rould also rd trench bes would create a d which is (se slopes be costly Bsting be create an 1 be used 2. With proposed boundary, all structures meet setbacks except the small shed. Does Planning Commission want it relocated? 3. Park fee of $200. 4. Applicant must grant City a f lowage and conservation easement over the pond area. After thorough review, I am compelled to recommend this application again be tabled until additional test information is submitted. *• • • ■ . \ • ♦ . • * ' ' ■ *t; • ' ' • * . .** • * .. ' ’ .* •A * • • .. . * ••^ . •. • • • .<• • • * • . • * . » • • • . * • * ‘ • »*■,<»* • • * * • . * . - • TO: FROM: DATE: SUBJECT Zoning Applica List of Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit The app] owner. upward, request • * Item Street : Right S. Left Si< Front S« (lakesht Hardcovt This is I acre, a: recommei proposai net inci drainage existin< i except the ated? eisement over application ubmitted. ;:>ii m r ■ft' .i i: i r- in '''tsahtt*--'SI' TO: FROM: DATE: SUBJECT: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator May 17, 1984 #827 C.D. Williams, 1932 Eagerness Point Road Variance Zoning District - LR-IC - 1/2 acre minimusi lot size Application - Expand existing structure and add an attached garage List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owner's List Survey (existing) Proposed Site Plan Staff Hardcover Calculations The applicant is purchasing this property from Mr. Kelly, the current owner. Applicant wishes to expand this small house outward and upward, and construct an attached garage. The variances applicant requests include: It<Existing Proposed Required Variance street Setback 13'9'30'21* or 70% Right Side Setback 15'8.5'10'1.5' or 15%Left Side Setback 36'8.5'10'1.5' or 15%Front Setback 28'22'75'53' or 71% (lakeshore) Hardcover, 0-75'27%38%0%100% This is an extremely substandard lot to begin with, or area roughly 0 • 15 acre, and entirely located within 75' of the lakeshore. I would recommend Planning Commission request the applicant to reconsider his proposal, and cut down the size of his project so that there will be no net increase in hardcover. Also, ask the applicant to address the drainage issue - neighbors have expressed concern that there are existing drainage problems on this pfdpurtyt '..VI: '■'r' 4' A. f}}If s iH O O CL _ H <n V) X u <vi lu O Z uz < >• Kl QC CM CO < CM UJ < D ^ I O O 01 2 -I “»o <H h-.1 e u ^ ^ o <»5 E X _ > O 10 > S •*« < M lA . O tt C « 0 r4 Mss CO fo in CM teJ Ck lAj CM tei tt CL I O lU < N < a fit iH Ik < a •H CM r!. rH CM lU ^ O 10s S£ q O rM -I iH ^ O CLm4 •J mi tn G mi mi 10 CO r4 CL^ r O M III M P 14. O E M CO ~ S#0 CO «• Km4 CM yj ^ Z -M -J CO »0 CO z CO 10 CM CU M M 141 10• O Z X Z< CM kf Mi Ik^ ^ ^ S8 O ft r o O < ft oOQ Z l«K < >- V_ ft < IIICL Hi CL £liMa <0 m •.-fv rator ed garig^ le current tward and applicant ee 70% r 15% r 15% 71% ighly 0.15 I would isider his will be no dress the there ■ ■ . . y NO.PAGE0 tt 0 tt P0 0 0 J-g .g 0 0 fC 0 UI 0 tt ^fC fC 0 0 tt SNA HOL S POINT 553910 tt °si CM UJ C9 X X < >• 10 . 10 0 CO JO CO CM UIz CM lu < S 2 ^OOO g iH U. -J -> o •H H X• Q Up ^ ^ 5 lii a 2N Q < S o£ X X CO iH < M lA -i o tt X CO a M M M s 111 tt >lii Sf q: MO •H lA lO ej uj lo _CM UJ tt o. I O lu .< a tt•H lu < tt I <^ o o CM ^ III cn <^ O O r4 iO M ^ «J O IL fO O «J «J ^ X e M ui fC P 14. O S Mo , I 10 p Kl CO ei E CM UJ Ch X -j «l lO ro tt -J «i CO 10 CM UJ M M lu 10• o X X S ^2oo& N UJ UJ U^ of _5 5 M Sssg ■i ^ B M55 liS J to tt CM UJ .J.5 f4 U. fH fi. •H lO tt CO < UIz^ tt •9 Ui O tt U. H < < X lO N U'd* >• tt tt O tt JO CO CM UI M £5. w a z tf> S CM lii X UI UI 10 I (9 UJ ^ X rM IN •-I M> "J CM P fC JO o X ad Su< !Si C9 tt ^ § CM O “Sg S£ ^ ^JO CO UI CM UI JO 10».i5S8"CM UI -J -J UI I O UJ UJ X ^ < X hd tt X f-c tt UJ X fC C -> -> Q u 5 a NSSisg >1 UJ < >• N O E tt 2 j XuJ- o J- S88S «H M M M JO O H H fc8‘gsi «8““8- CM UI UI lU O' __ Z -» -I OT M m Q: -I -I V) in CM UI M M UJ in •^SSSi •H tt u U UI fp« ox I «i «• < XN tt •H O UI UI P i^sgg^g CO CM JO CM JO CM I fC 9^ r!* fC M fC £?; ■J in in inss UI UIoS p « < r5““S C.259 j '.ip■■ *V- i> CQ GO =tt= • ’•'.'■’llummI >*4%r•cf#* > UJ H M F* W1 UI tt UI X >-2EP = UI lu IkM ae o O )) I. J Ayenue a distance Southwest comer < 33%d* £sst a dis’ tinning South 33^1 tonka; thence Sou’ or les8» to its ii beginning; thence ■arked by a judic; to the point of b< Mnts from or on ; assuaied to be a d< line of said even 1*1 • JO* l*-?7-03 Iron nark< Judicial : CerUricat^ of Survey for Donal'i J. Kelly in Lot ’7, tV.fcrnetii Hetuiepin County, Minnesota Untimarlf- #827 RITY OF ORONO I hereby certify that this is a true and correct representation of a survey of the boundaries of that part of Lot ?7, Fagerness, and the accretion to Lots 1<? and 7'(, Kagerness, described as follows: Commencing at the intoreec- kux tion of tne extension Southeasterly of the Southwesterly line of said Lot 19 and the ^ Southerly line of Under the Linden Avenue,which point is narked by a ;Judicial landmark; thence North- easterly along the SouUierly line ol said Under the Linden Avenue a dietance of 8U.9 feet, said point being distant 75 f««t Nortneasterly from the Southwest comer of said Lot ?7, which point is marked by a judicial landmark; tnence South 33®U8' Last a distance of 6U feet, which point is marked by a judicial landmark; thence con tinuing South 33^1*8' East a distance of 8 feet, more or less, to tne shore ol Lake Minne tonka; thence Southwesterly along the shore of Lake Minnetonka a distance o 97• 7 feet,more or less, to its intersection with a line which bears South ?1 08' aast Iroi.. tne point of beginning; thence North n®08* West a distance of 11 feet, more or less, said point being marked by a judicial landmark; thence continuing North ?1®08* West a distance ol 53.U5 feet to the point of beginning, and the location of all buildings tnereon and all visible encroach wents from or on said land. For purposes ol this description the North line oi Fagerness is assumed to be a due aast and West line. No attempt has teen made to survey the right-of-way of said avenue because insufficient data are furnished on the record plat. GORDON R. COFFIN CO., INC. Scale: Data : o I • < 1» • ?0* l*-?7-83 Iron marker Judicial landmark >rdon K. Coffin No. fTObk Hark S. Oronberg Reg, No.l?755 Land Surveyors and Planners Long Lake, Minnesota - i .‘’1 Avenue a distance of Southwest comer of 33^U8* East a distan tinuing South 33 u8* tonka; thence Southw or less, to'its inte beginning; thence No narked by a judicial to the point of begi ments from or on sai assumed to be a due line of said avenue Scale: Date : 1« m 20* U-P7-83 Iron marker Judicial Ian &;*r R29i9ea OF ORONO )y certify that true and correct >n of a survey of ii that part of Slid Ute accretion semesSf described at the intersec- Uieasterly of the Lot 19 and the nden Avenue,which rk; thence North- Under the Linden rly from the rk; thence South mark; thence con- ol Lake Hinne- 97.7 feet,more the point of id point being ice of 53.U5 feet 1 visible encroach le oi Fagemess is r the right-of-way )1 a t» CO., me. hdt. NO. Reg. No.1?755 d Planners ota .li '■ if. ",v:;. mm ■>.r^-' V-j. ; p: Certificate of Survey for Donald J. Kelly in Lot ?7, Fagerness Heimepin County, Kinnesova Aa I hereby certify that tliis is a true and correct representation of a survey of the boundaries of that part of Lot 27, Fagerness, and Uie accretion to Lots 19 and ?7> Fagemess, described as follows: Commencing at the intersec- ka tion of the extension Southeasterly of the Southwesterly line of said Lot 19 and the Southerly line of Under,.the Linden Avenue,which point is marked by*a judicial landmark; thence North easterly along the Southerly line of said Un^r the Linden Avenue a distance of 6U.9 feet, said point being distant 75 feet NorUieasterly from the Southwest corner of said Lot ?7, which point is marked by a judicial landmark; thence South 33%8' Seat a distance of 61i feet, which point is marked by'a judicial landmark; thence con tinuing South 33 u8* East a distance of 6 feet, more or l^ess, to the shore of Lake Minne tonka; thence Southwesterly along the shore of Lake Kiimtonka a distance of 97.7 feet,more or less, to'its intersection with a line which bears Sduth 21^06' East from the point of beginning; thence North 21^08* West a distance of.11 feat..more or less, said point being marked by a judicial landmark; thence continuing North 21^08* West a distance of 53.U5 feet to the point of beginning, and the location of all buildings thereon and all visible encroach ■ents from or on said land. For purposes of this description the North line of Fagerness is assumed to be a due East and West line. No attempt has keen made to survey the right-of-way line of said avenue because insufficient data are furnished on the record plat. •. . X" * 20* Ji-27-83 Iron marker Judicial landmark GORDON R. COFFIN CO., INC. Gordon R. Coffin No. 606U Mark S. Gronberg Reg. No.12755 land Surveyors and Planners Long Lake, Minnesota <i'/ a^m^X '^rfe- Art o ry iW gDWIl t2:i984 rJ\ iii^ OF ORONO ^ certify that true and correct n of a survey of f that part of nd Uie accretion emesSf described at the intersec- heasterly of the ot 19 and the den Avenue,which k; thence North- nder the Linden ly from the k; thence South ark; thence con- f Lake Hinnc- 97.7 feet,more the point of d point being e of 53.U5 f««t visible encroach' of Fagemess is the right-ol-vay at. me. g. No. Wbk Reg. No.1?755 Planners a IT^ea):0;'i 1 p ‘^1 I* H-i’iI i m ■4' HARDCOVER CALCULATIONS Exhibit F EXISTING HARDCOVER Lot Area « (65 x 85) + (10 x 85) +^11 x 53) + (10 x 6) + (5 x loi 2 ^ 5 ' —2- - Lot Area « 6,327 sf ■ 0.145 ac <- House « (24.7* x 26.5') + (11.7' x 20.2') - 891 sf Patio * (15' X 19') « 285 sf Gravel Apron - (12' x 26') « 312 sf Sidewalks « (3' x 24') + (2' x 28') + (2' x 9') + (3' x 4' )« 158 sf Shed * 5' X 7' • 35 sf Total Existing Hardcover «|1,681 sf 27% \ w epewea • ^ House with garage Shed * 35 sf PROPOSED HARDCOVER (47 X 31) + (23 X 27) * 2,078 sf Driveway - (13 x 14) + (4 x 5) roughly * 202 sf Rear Walk « 3 x 21 63 sf Total Proposed Hardcover ■ f 2,378 sf * ii m } I'^i 1; % -i f. J; ♦ ■,jpt ir I ■ i •t. i ■ TOs FROM; DATE: SOBJEC* Applic. List oi Exhibii Exhibit Exhibii Exhibii Exhibii Exhibii The apc replace would ] Side S< Street Hardco^ As per 1 garage hardco^ Note t) access I would hardco^ gravels t p (5 X 10) —5----- )- 156 ef m si -il f: ■H V -.u '4-'. Jbhhiessss Vli •■ «*. -*♦ * . •■ '.... ^4-*mm mrnmmm .: • :•»■ .w t% \ TOx FROM; DATE: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator May 17, 1984 SUBJECTS #828 Larry Karkela, 4149 Highwood Road - Variance Application ~ Remove existing garage which encroaches on right-*o£ way, replace with new garage List of Exhibits Exhibit A Exhibit D Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map * Property Owner's List Survey of existing structures Site Plan Proposed Hardcover calculations by staff The applicant is requesting a variance to side and street setbacks to replace an existing non-conforming garage with a new garage which would be more conforming. Variances requested include: Existing Allowed or Proposed Required Variance Side Setback Street Setback Hardcover (75-250‘) 1.8' O' 2,540'l‘ (37%) 2.8' 22' 2,450+ (36%) 10' 7.2' or 72% 35' 13' or 37% 1,720 sf 730 sf or 11% (25%) As per my estimates of hardcover, if all graveled areas west of the new garage and apron are eliminated, there will be a net reduction of hardcover. Mote that the side setback variance is necessary to allow continued access for well maintenance trucks because of the tree location. I would recommend approval of this application based on a no increase in hardcover in the 75'-250' zone, as long as applicant agrees to remove graveled areas west of the new garage and apron. >0 K d( * * w Z Z 1 I 83 O c UJ O l&J O X >A 55 a I . • 1 ‘ a 4 •-• tX \ ^gowg R 171964 OFJ)RONO : ’V' • •, •• •« f > ..V # ,• vLm 1 r ' 1 HI •*« • UJss UlH<0>-<0 sMK SS M QC UJ&iUl ss E u zM CO iM »S2SeSysss ^ X 3 3 i <0 CA M S t UJ Ul X tA O U» Ik ^ g 8 S S ss Ul u o o *ii M X < i 0 O M < K X Ul Ul 3 M 7 M M 5 Slli^i N o a O CK ^ o ^§a§ 3 Ul tt ^ X Z I 3 X &5S§* o ^ s Mi X CM CM o o MX ___ VS§8S^52*^1 §. “S O Ut lA § j:|»i Z «“2i o M c x«ft MO _ « Ul |M **« 3 > > O lA<mx-j 28S t K S2 CM 3 < O •> CO _ 3 Ul lU O <.t lA lA iA 3 UJ M2*iiR M M Ul — X X M r* MW • lU M K* ^ X o O CO lA 3 0 ^ 2 < X lAs i ^ o to O ^ 0 t O H>^ ocO %0 «J ly O ID _^ 2 •• 'A __, _ lurs hT CM O tt t ro CM I r% M X=-i E Ula m ^9; X lA *5^“*o < a «2;“i 5:ii 1^^,, ... . t 9 S'» « »o _ CM X Ul Ul I O CO 10 K M Ul Ul 3 X M M X r* S 3 Z> X X M £ Xo CM M Ul •A CM s2;;s2lA O ft Df ^ Oo •A O O o ft *1 UJUf o ^ ,5“« «la|8 M Ul > MXUl-lgsf O o CO Ul 10 M §s I C^ CMo a CMn 2|ll|8 s s •A 9 CQ 00 <4j^ ss£l>; I ^sii 5S88 a I O O Ul Ul-sSSSssss; Si wma is^ ^&S U M ^«<| ts,UJ ^ ^ s v& »S8S '■8< IL1!:^ lAl ._ — *••» Ifti lU H- < O I ^CJ! SfiK (0 Ui 1 1 1 fef Mm Si>^^( ■‘4 J. • ^f4 ?r..v“;? :w .,'. >Ni«if ,>r.. ,li ^^'v •. •CACC: I INCH. OF PROPEI LOCATION. OBacmaco m i Note: G«r 1.4 ft. pi iato straa .* ■••; • • •.. .’ ^ GBKTiriCAl I htiaby otrtiiy th. this furvty/piaii. my dinct supervis J^rveyor under JbiLi-*;K i'-'- * . *•/* :r:* • • lii.fjt'f* •CALC: I INCM_d£.^CCT THE JOHN J. RYAN CO. t«Oa SCLSV AVCNUC. «T. ^AUL VaiOA tclcphonki «4«.««sa ’'iMljiMgSF PLAT OF SURVEY OF PROPERTY og George >1. & Rita K. Meyers_________ ■ 4U9 Kighwood Hoad, Kound, Minnesota ocscNiBco AS poi-Lnw l<ot 221 Hlghwood, Laic» Hlnnatonka, Henncpli County, I.4if ^ • ’'•V**' Noto: GArago encroaches X«4 ft. plus 0,6 ft. eave into street• ^r. ht ^f. .T":~- i ' ILOT 2 2 -1- APR I 71984 LCITYQFORONO ■ • • / \ ^V f • : -‘ V.•‘.f ♦ .?-% t> '•t •* *. y•V \ •. Lx- e •• t *« ••• •• •• *. w • i»$0.0^ .A k A ••• y4 ■Jk r .• •"f ♦ • • •.' . ■ LAK £ • . M l N N £ T 0 NKA ■ ""lit *■ »r .*. » • .Oi • f \ ■Vj' • -a . . - 4. A* ^ GUKTIFICATB OF LOCATION OF lUIUJDfG Ihtieby^fVthaton* * 19 . 72 of Uie SUte of MiimesoU. CBSmCAn^OF BUIVBT O Ihtnbycertliy Untm :■■ ^•.: Pj. ^*"! •'."P*'* •* pwpMtd by me or midn'-'■• 'H "F^IFYKNEO surveyor . N0.448S RAUL J. CRANE. REOISTERCO SURVEYOR. No. -444S • WSs0^M BXISTIB Lot Arc Allowak House I Garage Grave 1( Deck (j Sidewa! Total 1 PROPOS] House Garage Apron . Deck ( Sidewa Total VOTBl elimin •t'36%. to 43% V # . V tm L*t**v*J|^| ! • \ •** IQf • - i ..* ; • Id bjr iM or under. iy Rtfisttred Und ' IfinncsoU. ■ M BXISTIHG HARDCOVER House (20 X 47) * 940 sf Garage (18 x 20) * 360 sf Declc (15 X 20) - 300 sf PROPOSED HARDCOVER V’c.r .* Exhibit F HARDCOVER CALCULATIONS IiOt Area 75—250* zone * 43 x 160* * 6#880 sf Allowable hardcover = 25% = 1»720 sf Graveled areas (18 x 30) + (10 x 20) - 740 sf SidewaDcs (2* x 100*) « 200 sf Total Existing Hardcover - 2,540 sf 37% House (20 X 47) » 940 sf Garage (22 x 26) « 570 sf Apron in front of garage (22 x 20 est) ** 440 sf Declc (15 X 20) » 300 sf Sidewalk (2* x 100*) « 200 sf Total Proposed Hardcover “ 2,450 sf HOTEl This presumes that all graveled areas to west of garage are eliminated. If so, there is a net decrease in hardcover from +37% to +36%. If not, there is a net increase (2,450 + 540 » 2,990 sf) from 37% to 43%. . j-. : "0 ■ '4 I ‘tfii ■f V] i ’ li: i Vi :S' i li f ■V TO: FROM: DATE: SUBJECT Applies List of Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit This is (pr evioi Counci1 of stipi 1. The of-way p prior to Februar] 2. All the att2 3. Maxi buildinc 4. Mo c standard 5. Pays Dedicati 6. Pays (amount 7. Owne riparian owner tc lakeshor the Oron Staff re conditio It p of garage are r from ^31% to 0 8f) from 37% *’• -^1 •t r I Kl - '* u Jkmmmmmm V- ■ ’4- TO:Planning Commission PROM: DATE: SUBJECT: Michael P. Gaffronr Assistant Zoning Administrator May 17, 1984 #831 Robert Haapala, 4015 Dahl Road - Renewal Variance Application ~ Renewal of Variance to construct a single family residence on a substandard lot. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Exhibit I Application Property Owner List Plat Map Survey Alan P. Olson memo (10'*16-81) Planning Commission minutes (10-19>81) Notice of Planning Commission action (10-20-81) Jeanne Mabusth memo (11-4-81) Council minutes (11-9-81) This is a renewal application for a lot area and lot width variance (previous application #658) which was previously approved by the Council on November 9,1981. The Council • s approval included a number of stipulations: 1. The owner conveying to the City a quit-claim deed for road right- of-way purposes over, under, and across the north 18* of the property prior to building permit issuance. This was completed and recorded on February 14, 1983, per document #1502246. 2. All buildings to be located within the building envelope shown on the attached sketch (Exhibit D). 3. Maximum hardcover on the lot to be 4,227 sf or less includinq buildings,» driveways, patios, decks, etc. 4. No current or future variances granted for any other performance standards requirements. 5. Payment of standard building permit fees including SAC and Park Dedication Fee at the time the permit is issued. 6. Payment of $1,081.45 sewer hookup charge with building permit (amount to be confirmed by staff). ^ 7. Owner/applicant placed on notice that the property is non riparian to Lake Minnetonka and any attempt on the part of the property acquire lake access via an easement through an abutting lakeshore property will be considered an illegal act, in violation of the Orono Zoning Code and the owner subject to prosecution. 4 t oepartmei A-60S 60 MINNEAPO LIST Size1 FEE OWNER M. NEU A/?v/u^ h), % '2^. /V V. ••• 7' % i ^ -SSi® istrator Lngle family 20-81) dth variance roved by the aded a number r road right- the property d recorded on Lope shown on BS including performance SAC and Park Lding permit rty is non- the property an abutting violation of ition. t)ject to the • -J' k V' % m I HC 1233 department of finance A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 PROPERTY OWNERS LIST - OKON U____________ FVHlRn LIST SIZE I CERTIFY THAT THE FACTS RCFRESCNTEO ON THIS CERTIFICATE ARE AN ACCURATE AND TRUE REPRE SENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY FINANCE DIVISION. TO THE SEST OF MY KNOWLEDGE AND BELIEF. HENNEPIN CO. FINANC _____________ DATE- FEE OWNER !’■ AMD i)fyr A/^r A- y- ,T. -HeG^ TAX PAYER/ MAILING ADDRESS mm /a 50 LOfit. n Z^D K/(TT 4 zz. Zcz, Z<Z0-(9-/9^/t. X^.Zd. r /A^^Zum /W -f M €wx<Q O CK.J) pv. 'll >^-7/7- ^.3 39^/>7)A jYc Z^7> IBWi OCT-61981 CITY-eFORONO BIT .. ESCNTCO ON THIS «D TRUE REPRE~ T APPEARS THIS lENNEPIN COUNTY OF MY KNOWLEDGE 0! /f W - 2 3 ^53' - 23 ^4 /^2>/ 1 / t-o ... .. ■ . '-H » • ••••.'• • . •• • • • •• •. « • .• • •• • TO: V • • • * Planning Conmissipn,*- j. EXHIBIT FROM: DATE: SUBJECT: Alan P. Olson *• •• •• ^ October 16, 1981 #658 Steven Coddon, 4015 Dahl Road - Variance This is a lot area and lot width variance application made to permit construction of a new single family home on a substandard lot of record. DISTRICT LR-IB. LOT AREA .39 AC vs 1.0 AC Required LOT WIDTH 128 FT VS 140 FT Required 61% variance • 8.5% variance The lot became tax forfeit this year. It was reviewed this spring. The Council released the lot for sale by Resolution #1281 adopted June 8, 1981. It was purchased at a tax sale on September 25, 1981. • The gross lot area is 19,212 sq ft = .44 acre. Part of travelled Dahl Road encroaches into the lot as shown on the survey. (This was not know at the time of the tax forfeit review). I recommend that additional right of way be establi.shed over the north 18 ft of the lot. Using this right of way, the net lot area becomes 16,908 sq ft * .39 acre. A building envelope of 7128 sq ft exists which meets all LR-lB setback requirements. Because the building envelope is within 250 ft of the shoreline, the maximum hardcover permitted would be 25% of the net lot area = 4227 sq ft. A home can easily be built within this envelope and within the maximum hardcover. The occupied lot just west of this subject is exactly the same size. This lot was assessed 1 sewer unit in the 73-1 project. $6,201.45 remained unpaid at forfeiture. The sale was $6400 of which the City will get about 80%, or $5120 (not yet finalized by County). Thus there is a likely shortfall of $1081.45 for the 73-1 assessment. I recommend that this amount be paid with the building permit as a hookup charge. There is a sewer stub existing for the lot. I recommend variance approval subject to: 1) The owner conveying to the City a quit claim deed for road right of way purposes over, under and across the north 18 ft of the property prior to building permit issuance. All buildings to be located within the building envelope shown on the attached sketch. Maximum hardcover on the lot to be 4227 sq ft or less including buildings, driveways, patios, etc. No current or future variances granted for any other performance standards requirement. Payment of standard building permit fees including SAC and park dedication fee at the time the permit is issued. Payment of $1081.45 sewer hookup charge with building permit. 2) 3) 4) 5) f • i Si -Sil i i MINUTES OP THE Hammerel - He f showed no credi this was the se fact” applicati McDonald - She could do all th a permit. Also Roveqno - His c favor of man-ma drainage. He f drainage way. necessary perml Applicant was ] would be permi' and that there from the audiei and Mrs. Roger concerned with the survey, wh; that there was property, 1* oi that their sur^ They stated the and they wantec Commission sug< surveyors get i are on. Rovegno moved 1 application foi findings and cc 1 - 2 - 3 - 4 - 5 - The owner < for road ri across the building pc All buildir envelope s) Maximum hai less indue decks, etc. No current other perfc Payment of SAC and pax is issued. 6 - 7 - Payment of building pc Conservati( by staff. Goetten secondc nee n made to substandard nee anee ed this olution #1281 e on of travelled rvey. (This I reeommend north 18 ft ea beeomes 8 sq ft exists the building mum hardeover ft. within the is subjeet ot. $6,201.45 f whieh the d by County). 73-1 assessment, ng permit as the lot. eed aeross ing permit 9 or less other ding rmit building ¥ i ♦ t r, a li „ ■): ■ I t V-. ' : t i ■ i- IM L,m MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1981 Page 3 Hammerel - He felt that the applieant's engineer's report showed no eredibility toward the applieant and also that this was the seeond tim^he has come in with an "after the fact" application. ® SPEETER (CONT.) McDonald - She stated that she didn't know how an attorney could do all this construction and not know that he didn't need a permit. Also this was his second time. Roveqno - His concerns were with the lake. He is not in favor of man-made drainage ways if they can use natural drainage. He felt that the flume wasn't the property drainage way. He suggested that the applicant get the necessary permits for the gazebo too. Applicant was present. Mabusth noted that no setback variance*^TEVEN CODDON would be permitted. Applicant stated that he understood and that there was no problem. Some neighbors were present from the audience: Mr. Meagher of 3980 Dahl Road; and Mr. and Mrs. Roger Hegg of 1034 Loma Linda. The Hegg's were concerned with the substandard lot. They also questioned the survey, which they thought was incorrect. They stated that there was a 4^' space between west end of their property, 1' on the north and 2' on the east. They stated that their surveyor's survey was different from their's. They stated that in that 4^' space there were elm trees and they wanted to know who's side they were on. Planning Commission suggested that the neighbors have each others surveyors get together and decide which side the elm trees are on. 4015 Dahl Road Variance #658 Rovegno moved to approve the area and lot width variance application for Steven Coddon subject to the following findings and conditions: 1 - The owner conveying to the City a quit claim deed for road right of way purposes over, under and across the north 18' of the property prior to building permit issuance. 2 - All buildings to be located within the building envelope shown on the attached sketch. 3 - Maximum hardcover on the lot to be 4227 sf or less including buildings, driveways, patios, decks, etc. 4 - No current or future variances granted for any other performance standards requirements. 5 - Payment of standard building permit fees including SAC and park dedication fee at the time the permit is issued. 6 - Payment of $1,081.45 sewer hookup charge with building permit. 7 - Conservation and*flowage easements - to be reviewed by staff. Goetten seconded. Vote: Ayes (4), Nays (0). r:. JITY of O UfTic* Be a 66«Cry«lal II . .... r 4 • Steven Coddoi 4015 Dahl Ro< Mound, MN 55: NOTICE OF PLA] Date of Meetii Votes; Planning Comm Appre Appre Appre Deni< Table Table No ac NOTES AND SPEC approval of v of conditions Applicant Applicant additiona meeting i for the In all cases, requested info or the City wi If the applies contact the Zo If you desire they are avai and approval Page 3 SPEETER (CONT.) ed ce'^STEVEN CODDON 4015 Dahl Road Variance #658 r*. m-i 1 i i: 4 ■|f;>-- - - A,,,,,.;■: *- . - -U:; V. i^' JITY of ORONO *o»t Utac* Be I 66 •Crystal Hay, Minnesota SM2II«Muniripal Offu'i^ , . Trl«*(>hone 47^t 7JW>7 Steven Coddon 4015 Dahl Road Mound, NN 55364 notice of planning commission action •5.. y •V,' . ■ - • 4if> 4 :--'i;i Control No. _ X Variance 658 Conditional Use Permit Subdivision, Preliminary Date of Notice 10-20-81 Date of Meeting _ Votes: 4 For 10-19-81 EXHIBIT F 0__ Against Planning Commission recommends the following: Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS Planning Commission voted to recommend_ _ _ _ approval of variance application #658. The following page is a list_ _ _ of conditions to be reviewed by Council at their November 9, 1981 meeting. Applicant's next scheduled meeting is confirmed as: Planning Commission _ _ _ _ _ _ _ _ _ _ _ _ Council Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the __ _ _ _ _ _ _ _ _ _ _ __ meeting is _ _ _ _ _ _ _ _ _ _ _ _ _; or _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ for the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ meeting. In all cases, the application must be continued with the submittal of requested information within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. e If you desire certified copies of the official Planning Commission Minutes they are avaxlable from the Buxldxng and Zoning Secretary upon review and approval by the Planning Commission. t«ai 658 onal Use Permit sion* Preliminary e 10-20^81 r F unciI meeting rom applicant ng Commission >nunend ( a list L981 meeting. eipt of ittal of hm. , please lission Minutes ton review k -4> t ;V Steven Coddon «658 Variance EXHIBIT P /goni.^ 1 -The owner to convey quit claim deed for 18* of additional road right of way. 2 -All buildings to be located within the approved building envelope. 3 -Maximum allowed hardcover for property is 4227 sf (to include driveways, patios, spaced wooden decks, etc.) 4 -No current or future variances granted for any other performance standard requirements. 5 -Payment of SAC and a park dedication fee at time building permit is issued. 6 -Payment of $1,081.45 sewer hookup charge at time building permit is issued. Please be advised that any attempt on your part to acquire lake access via an easement through an abutting lakeshore property will be considered an illegal act and in violation of the Orono Zoning Code. List Exhib Exhib Exhib. Exhib. Exhib: Exhib: Pleas4 Commii indue drainc consei of waj to maj I am c attemE easems Octobe matter recoimr 7 - Th de Co Qu se th fe> th be< IS on ac( pr< vie sul (IT F^oni) iitional ailding (to tc.) tier building ailding guire bore Lation Ktr -■ <yir. mu TO:Walter R. Benson FROM:Jeanne A. Mabusth DATE:November 4, 1981 SUBJECT: #658 Steve Coddon, 4015 Dahl Road - Variance List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Planner's Memo Application Plat Map Site Plan Planning Commission minutes 10-19-81 Notice of Planning Commission Action 10-20-81 Please read Exhibit A, the Planner's memo to the Planninq reviewing the application. The Planning Commission eluded a condition asking for staff to review any special drainage concerns and the possible need for a flowage and conservation easement over the property. The additional right of way acquired for Dahl Road will provide the City the riqht to maintain the ditching along the public road. ^ ^ ^®P°rt from a neighbor concerning Coddon's o9sh:;b~ - . Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter; thence South on section line 150 feet; thence West parallel with section 128 feet; thence North 150 North line of said Southeast Quarter of the Northeast Quarter; thence East to the point of beginning of Section 07, Township 117, Range 23. IS non riparian to Lake Minnetonka and any attempt on the part of the property owner to acquire lake access via an easement through an abutting lakeshore property will be considered in illegal act, violation of the Orono Code and the owner subject to prosecution. mm •■A-'- * IT' 1 "j?: i\ I it REGULAR t Butler roc 11335, A ApplicatJ At 2710 \ Nays (0). Jeanne Me the City for a pre Mr. Van ] Hurr move liminary for 1025 recommenc that the during rc Jeanne M the City applicat lands La Mr. Spee Mayor Va after-th Speeter, City Eng Gerhards mendatio feasibil availabl the City remainin Jeanne N the City Coddon, Mr. Codd Dahl Roa Frahm me request Planninc 1981, si lake, cc other Vc Nays (0) -81 Lng nmission >ecial ind il right t right f Coddon's ;cess »n 'er this mission ■r I r.p‘‘ V i^‘ REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 9, 1981 Page 9 Butler moved, Hurr seconded, to adopt Resolution 11335, A Resolution Approving A Hardcover Variance Application For Michael Pluhm On Property Located At 2710 Walter's Port Lane. Motion, Ayes (4) - Nays (0). RESOLUTION 11335* 2710 Walter's Port Jeanne Mabusth, Zoning Administrator, reviewed with SUBDIVISION the City Council the request of Charles Van Eeckhout 1025 Brown Road North for a preliminary subdivision at 1025 Brown Road North.#626^ Charles Van Eeckhout Mr. Van Eeckhout was present. Hurr moved, Butler seconded, to approve the pre liminary subdivision request of Charles Van Eeckhout for 1025 Brown Road North per the Planning Commission recommendations of September 21, 1981, subject to adding that the septic sites be located, marked, and preserved during road construction. Motion, Ayes (4) - Nays (0). Jeanne Mabusth, Zoning Administrator, reviewed with the City Council the after-the-fact conditional use application of Richard Speeter, 659 Minnetonka High lands Lane, dated November 5, 1981. CONDITIONAL USE PERMIT 659 Minnetonka High- Lands Lane #656 Richard Speeter Mr. Speeter was present Mayor Van Nest moved, Butler seconded, to table after-the-fact conditional use applicaton of Richard Speeter, 659 Minnetonka Highlands Lane, and to request City Engineer Cook and Public Works Coordinator Gerhardson to review the project and present recom mendations to the City Council concerning the feasibility of the flume and other alternatives available; this motion also includes the fact that the City Council does not look favorably on the ramp remaining in place. Motion, Ayes (4) - Nays (0). Jeanne Mabusth, Zoning Administrator, reviewed with the City Council the variance request of Steve Coddon, 4015 Dahl Road. Mr. Coddon was present; also, Howard Meagher, 3980 Dahl Road. VARIANCE 40j.5 Dahl Road 58 "^teve Coddon Frahm moved, Butler seconded, to approve the variance request of Steve Coddon, 4015 Dahl Road, per the Planning Commission recommendations of October 19, 1981, subject to including no riparian rights to the lake, confirmation of the blacktop area, and no other variances to be granted. Motion, Ayes (4) — Nays (0). ‘^4 'K. •. 1 . m P' f TO: FROM: DATE: SUBJECT PlanniiM Pertinei 1- Sect! 2- Secti 3- Secti A build! July 10, was appri the tim< designat occupanc for the system \ commissi '83 the Review o Review E: Page 9 ESOLUTION #1335* 710 Walter’s Port m UBDIVISION 025 Brown Road North 626 :harles Van Eeckhout i »(l )NDITIONAL USE PERMIT >9 Minnetonka High- inds Lane >56 Lchard Speeter f rARIANCE 1015 Dahl Road Steve Coddon -t' « -7j iMU iAl. •V ' <1 • ' TO: FROM: DATE: The Board of Appeals Jeanne A. Nabusth, Zoning Administrator May 17, 1984 SUBJECT #832 Harriet Hehl, 3348 Bayside Road - Appeal of an Administrative Interpretation of the Pence Ordinance Planning Cowiission Action — As Board of Appeals you are to make a recommendation to Council concerning staff's interpreta tion of the pertinent sections of the ordinance. Pertinent Sections 1- Section 10.03, Subdiv. 15 (c) - Fence of 6 feet height - located along County Road 84 (Bayside Road) considered a major thorofare. 2- Section 10.03, Subdiv. 15 (f) - Accessory structure must be no "closer than 10 feet from any side lot line." 3- Section 10.22, Subdiv. 1 - No structure may be located within 75 feet of the lakeshore - average lakeshore setback line only refers to principal structures. LIST OP EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F ExhibiG Exhibit H Exhibit I Exhibit J Application Petition Property Owners List Plat Map Building Permit 4553 - 7-10-81 Building Permit 5132 - 10-5-83 Certificate of Occupancy Septic Plan Grading Plan (2 pages) Staff Sketch - Fence Location A building permit was issued to James Deanovik for 405 Oxford Road on July 10, 1981. The enclosed grading plan (Exhibit I) dated 5-22-81 was approved pr ior to the issuance of a building permit, as usual at the the time the plan review was conducted. Note fence was never designated on the site plan. On October 14, 1983, a certificate of occupancy was issued to the new owner, Arthur Burton. Final grading for the site was completed in early to mid summer after the septic system was completed. At some point in late summer the owner commissioned the construction of the tennis court and in early fall of *83 the privacy fence. Review of Fence Construction Review Exhibit J, the 6 foot high privacy fence was constructed along 1!I ? ^; :i' . ? i% ^ . 4" ; fc'ivXTi-y ? '■r: •S;N/^;/;! '■■'■r---'^j^-. the lot line o£ County Road 84 per the non encroachment section o£ the ordinance (10.03 Sub 15 (c)) and as it jogs away from the County road assumes the required setbacks for accessory structures 10 feet from side lot line and a minimum of 75 feet from lakeshore - it appears to be 100' ■¥ from lakeshore Review of Appeals Petition Mrs. Hehl has filed a petition claiming that the subject fence blocks her view of Lake Ninnetonka (No. 12onplatmapr Exhibit D) resulting in a diminution of property values. She has included with her application several pictures of the area as it existed before the Stielow and LAD plats. I have reviewed the ordinances with Mrs. Hehl and she concurs that the fence conforms in its placement but not at the present height along the section that runs along County Road 84 where the grade was raised 3* to 4*. She notes specifically Section 10.03 Sub 15 (D) "fences not to exceed a height of six feet above grade." The applicant claims she would have no problem with the fence i£ it were placed at the existing grade. What was the existing grade at the time the fence was constructed? the grade left by the glaciers grade resulting from county road construction grade prior to development grade established in grading plan with building permit review Staff approved a grading plan in '81 but the final site grading was not completed until the summer of 1983. There was never any discussion of a privacy fence nor was one ever shown on any plans. The fence was constructed at the new owner's request. The final grading would appear to have exceeded what was shown in the grading plan. Pilling and grading was continued further west along the north side in line with the second lot on Eastlake Street (lot 22 on enclosed plat map). The final grading was approved by the inspection staff at the final site inspection. In regard to the question of existing grade, staff would always refer to the final site grade plans for grade elevations. Staff does not take a shovel to determine grade changes - the files are always reviewed if there is a question of a grade change - that is a change from the approved elevations at the time a building permlt^was issued. Staff does not permit the filling or the raising of grades when approving the construction of privacy fences. The timing of the fence construction and the final grading has created the hard feelings and misunderstandings. r : J Ir - I iM « • The Boa Ion of the unty road feet from ears to be ice blocks (ulting in with her efore the 5 that the along nhe ised 3' to ;es not to ilaims she i existing ng was not :ussion of fence was own in the fest along (lot 22 on nspection fs refer to I not take a Bviewed if t from the td. Staff roving the istruction lings and ... •vj tf\ & • ?' ■ ^ -‘V* - riMiini^rfr'iiigftiiiririir-1 ^■ . ■ I '.T-' * 9 The Board must make a recommendation on the following: 1. Does the location of the fence conform to all standards of the pertinent ordinances. 2. Does the height of the fence conform to all atandards of the pertinent ordinances. 3. Has there been illegal filling or signs of a deliberate intent to violate the ordinances of the City. %_ _ _mm Mi h>.. ■ ’v'' >■ ' I .5/' i V -I I. If- Kj • 0 lOCATIQN C Address Legal Desc APPLICANT Mailing Address OWNER Name Mailing Address Present Zc Zoning Ore Specify rjr^ })L, Explain yc hiCh^ Specii *'* ** 1 standards tandards of deliberate 1--■••:•• _ •'■ I i t-. /■< .^*1 > i ■V.itrJ ^■ wriir m, "V ■:■•'•; • ■•' i T ■r-.air--'i«auaiiate»w*.-■ • •*•:••V ..V,. • / CITY OF ORONO, MINNES Land Use Application • r • •LOCATION OP PROPOSAL (or property) &y./ffrA - cDo^oAddress Legal Description O^-L ^k.t lou)o ^ APPLICANT Nai A«> f"/* / Tel # V73-J!"^6t> MtoesI ^3<y.P A-Ut ^ - OriWO *CM' 7e-n Tel #OWNER Name ,________________ Address ^0/5 Q^-kYcK £j), ^ OrcpfO $50.00 a) Res. Acc. Use $100.00 b) Institutional (Church, Sch. etc.) •-. •'■ ri N^- •»» $10 ) Dupl( d) Land Cr/Blg rteration :ng, £il- rance 9) C|£il^Znd. Use - Se^fee schedule $100.00 Present Zoning Present Use VriiiOfz^ Zoning Ordinance Section Relating to Request f^Con.CoCU. i0*03 ^SaM /yC. Specify Ordinance Requirements ^(jf OJJioiO ^ .AiL cm 'ihe. necj/y !(U^L ^\s Explain your request and reasons for same t^'rntiOd X ^ j ii'r\c^ e>re(L^A ^ vyi(L. aV -Me CL^iAACAhle ^r^dirfi^fiPL. a^iA4h^r^Jk yi.(nuar^ /i^UJ io — ; ft fta jH f5-h> >7/V!'>A V, rCE required - extent of nonconformity Lot Area ____ Setback Front___ Side ____ Other, explain ______ith Reac^f^ Specify hips to property .Ci- 1 . ) '■‘v-'S’ J!'-: • • CLOJOCU '4^A fO£^jnaaa ^ vS at~r. t J £_d ■i/^ q L r^‘ ^ .O • •r* t fj) d<i Iki\^L ttA /U /^OdtUjU^ I ' TVK''..V*. MMAL aSB^PLraMRN ■i1 50.00 a) Res. Acc. Use 00.00 b) Institutional (Church, Sch. etc.) fi Cr/Blg rteration . fil- UseVSee*fee schedule $100.00 Ocv/ f(L,icJZ 0-O3 Su.bA-ffa ret iuti S ■AirtittCiL. a^J-HuL.r<^ u> Tto'^e. /a J?%— 4 M 1 iI It. 'V'^- 1.‘r-•■■'.‘Wi kv*k--■r ■;Mf- '^y kii » ■ • • ij #832 e.KSJ^- !/33U0-CjCfulc/_D-6t2 W_£JG&__Arffl CjumcUM £-itcA y otO ~i^he. ■i t ■ f^1 &J1C ojL.cm- or-c.^^SanucL. . Oro rba.oj]ja-es> ncjc^<!. e-A? ■S- -hk e 6> n'L&M^^.^^.L /.iVA.nc.e. aL.nA,~tii& r'^SU *^/ n ^SCCf^/^OJJLJ± *'^o r 4tZ ejL^JLjLojt^Ae. L^k< / e.M,UDJ dSi ea.es a.AA.'Li^ . j*-? /?V./5^ f^OdcLi/U.. Vt: ^ ; -/uno n/-5ir^^ -fxbukJjL, /^ I Ci -Aa - - »• eJM • '<>1 -8-* f •1> T| ■ f.• / » /? iJjyvurU.^ nd^ )l(. ’/jrMvs A 'pCn'lxnQ U< J, • * • • • ■l • • • Qajj^qLa.Wff iJt«» C^ivf > • Ol/tSWk .. :• -5? Z/(\ ^ J ----<^'ltr>Cr\y • 1 yyuzJ^^ • ' ,/^ • • * ; • • . m « . r . ^ ______- - - . 4 M • • * « • ^ ( a -Z.« Z>c ^J.^0 /Q oUy^4.uS£^^^1^ S^dS^.0 7 7 V. ^7 V /fi.' / .V 7i> A w' » ^------!*^6-4r------------- HH L-. r;.;;. bL . ’ •. :•-• .• ■ U .:li"C>^» ''■S' 3 .S L i :-l;=:;::::;:'>:i:H *• . ♦ ' . •: • • '■'■>■■■ . .^^•:' •■ •■ 5m-wmmmmi •r C«t fr.'■•5v;i,.v>r;:- ^r..-: .- ■: . Ida E. Beell 2609 Dupont Avenue South Minneapolisr MN 55408 ':?.■ 05-117-23-41-0022 A.H. Burton 405 Oxford Road Long Lake, MM 55356 y- 'H-.i •-'r r* < , i ) » ‘ i . ;ijr^ ^ _ «.'■•'i-. I. •■ 05-117-23-41-0023 Vic J. Tarnowski 18640 34th Avenue North Plymouth, MN 55447 05-177-23-41-0016 Larry J. Martin 9591 North Shore Trail Forest Lake, MN 55025 05-117-23-41-0010 Melvin J• Peterson 11700 98th Avenue North Maple Grove, MN 55369 05-117-23-41-0015 Grant Wood 500 Oxford Road Long Lake, MN 55356 05-117-23-14-0007 Charles C. Thompson 3200 Bayside Road Long Lake, MM 55356 05-117-23-14-0006 Donald K. BoyIan 3240 Bayside Road Long Lake, MN 55356 05-117-23-14-0005 George D, Julrich 3280 Bayside Road Long Lake, MM 55356 05-117-23-14-0004 Maurice R. Taylor 2955 Maplewood Road Wayzata, MN 55391 05-117-23-14-0008 George W. Lind 3310 Bayside Road Long Lake, MN 55356 05-117-23-14-0047 Info. Research Assoc. Box 8152 Roseville, MN 55113 ! ^^^05-117-23-14-0048 Q%*;:?rriet Hehl :< v48 Bayside Road Long Lake, MN 55356 n i| ■:2- ■ 4 ■ •' . . *.< '■ ■ 'M i ■f.- or nit-,, ♦ ' » I •,.n ■.V,' .t ; ; > “ lT Im tAi*Town - „*0- IH I •* (jf* 911 «t UiTr • • »tj .1.. J ^ J U' » • .'s**- . .REGISTERED LAND SURVEY NO. 843 • ty . . • • * . *. • * • . • • • 4 •*.• .•! • •vV-r-- . :• ... • - .• • • • " • •*.• ••.* •* •• "l- I £ « t v^>i| •is.____1‘j- • *' .* •• •:• ..:i V: •! • • •• . .*.• : . • • • •,•• • • •, • :• .• f/As/ttw iH M inti I « . .. .• ..: . • .;;... . •• . • • . .:■■ ••• ; 7 . ?* ■• ■••••; ; \ • .y • •: ••: •• -j; . • *• *:* >. :•> • • • : * •:••.* •* •• : •. i • •• / •: . I : • . i r 4 M .'j" i b m Li mhM m.- ^ CITY of ORONO Building Permit PERMIT N9 ANO APPLICATION FOR CERTIFICATE OF OCCUPANCY P.O. BOX 66. CRYSTAL BAY. MN 55323 473-7357 4553^ DATE ISSUED —__ EXPIRES__________________ r# ZONING DISTRICT FIRE ZONE VAR. DATE CONO. USE DATE LOT AREA WIDTH DEPTH PROPOSED SETBACKS F^NT R.SIDE__sa REAR L.SI LAKE WETLANDS ACCESS EXISTING AgENCY-APPROV. DATE CITY COUNTY STATE PR. EASE SITE ADDRESS LEGAL DESCRIPTION: PROP. ID.. LOT_______Z_____BLOCK z .SUBDIVISION ARCHI' (Address) , (Phone) ft/Jt tlA,. ITECT/ENGINEER - Must Certify Multi-Family. Commercial & Industrial Construction Plans CERT. NO (Firm)(Address)(Phone) BUILDER (Firm) . $ TYPE OF WORK t/LO (Address)(Phone) New y Addition Remodel Renovate CONST. TYPE RESIDE|OETiPfAL DWELL. UNITS GAR. STALLS 3DET. NON-RESID. OCC. CLASS. STORIES BLDG. SIZE w.Ht. STORIES B BORMS/FLR SEPTIC APP. DATE DOCK PROPOSED USE COUNCIL APP. DATE EST. QDNST. VALUATION PERMIT FEES^-- BLDG. PERMIT O CJ STATE FEE PLAN REVIEW PENALTY PARK FEE SAC CHARGE s^.oo PA/O VPSL uo TOTAL DUE W / /^4T4 'A it It • REMARKS: INSPECTION REQUIRED FOOTING before pour FRAMING rough-in INSULATION WALLBOARO Before Taping FINAL before oocupancy WORK BEYOND OR WITHOUT A RE QUIRED INSPECTION WILL BE SUB JECT TO PENALTY. INSPECTION HOURS 473-7357 CALL 8 • 13 A.M. INSP. 1 • 4 P.M. CALL 1 • 4 P.M. INSP. NEXT DAY WORK REQUIRING SEPARATE PERMITS PLUMBING MECHANICAL WELL______ SEPTIC SEWER WATER GRADING Si FILLING ELECTRICAL from Sute ACKNOWLEDGEMENT THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED. AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT ANCE OF ALL INFORMATION. CONDITIONS ANO REQUIRE MENTS REPRESENTED ON THIS DOCUMENT. THE UNDER SIGNED FURTHER AGREES TO DO ALL WORKS IN STRICT COM PLIANCE WITH ALL Cl^ OF ORONO ORDINANCES ANO STATE OF MINNSSOTA BUJCDlNG CODE REQUIREMENTS. GITYof OI Building F AND APPLICATION F P.O. BOX 66. CRYSTA ZONING DISTRICT FIRE ZONE VAR. DATE CONO. USE DATE LOT AREA WIDTH DEPTH PROPOSED SETBACKS F RONT REAR LSIDEy 10 LAKE WETLAN ACCESS • NEW EXISTiN AGENCY-APPROV. DA CITY COUNTY STATE PR. EASEMENT REMARKS: INSPECTION REQL FOOTING ^ FRAMING r INSULATIO fALLBOAF FINAL befo WORK BEYOND OR Wl' QUIREO INSPECTION V JECT TO PENALTY. INSPECTION HOURS CALLS - 12 A.M. INSP CONST. TTPE BLDG. SIZE <-■ //^D " RESIDENTIAL STORIES 8 12 3 Crt V"? L.BORMS/FLR UNITS GAR. STALLS SEPTIC ATT APP. DATE DET. DOCK NON-RCSID.PROPOSED USE OCC. CLASS. hA, .-ts. ("'■Hk N9 751321 TE iggtipn PIRES iSION _ (Phone) rciai & Industrial Construction Plans (Phone) (Phone) Renovate ’CONST. VALUATION PERMIT FEES ILOG. PERMIT TATE FEE //OS 7. SO PLAN REVIEW PENALTY PARK FEE SAC CHARGE TOTAL DUE oo ACKNOWLEDGEMENT i-k '•1 i 9 HEREBY REQUESTS PERMISSION TO MAKE lOVEMENTS SPECIFIED. AND DECLARES DF LAW ACKNCVv LODGEMENT AND ACCEPT- '■ FORMATION. CONDITIONS AND REQUIRE- ITED ON THIS DOCUMENT. THE UNDER- AGREE^O DO ALL WORKS IN STRICT COM- TyOlj ORONO ORDINANCES AND STATE III ODE REQUIREMENTS. .-'tr-m: Tv \V A On* v«^ ..I 1 w Is\ / F 5'5 I {V « *I 1‘ » - . 11 r t * / •v r ] • *• • • •I ) .• • I ■»15 5 ^I I ^'\ I») yw/ / I a: - si * . r j-.. ^V IS Jp.if Si — * • • I \ /. \ Vv / \^Wc-.;N ■/,7 c 1 / I ' '■ ''I'll / ^•^r- Mr/,,£ / *»* \ • I .'t- / s 4 / \ y S oi ^ f-.T>m::.... jri: w <•«% •< .*J Certificate of Occupancy CITY of ORONO BUILDING & ZONING DEPARTMENT APPROVED. ► v<. : 10-14-83 SITE ADDRESS ^05 Oxford Road P.I.D. .05-117-23 41 0022 OWNER Aurther Burton APPROVED OCCUPANCY: type Rgs> USE Single Family Permitted Use _■Conditional Use MAILING ADDRESS saroe as above BUILDER Jaiiies? Deanovi): Non-Conforming Use NUMBER OF DWELLING UNITS BUILDING PERMIT NO. _ <553 issued___2^10-81 MAXIMUM ASSEMBLY OCCUPANCY: ROOM__________ • ZONING DISTRICT LR-IA NUMBER OF PERSONS FIRE DEPARTMENT WELL SEPTIC CITY SEWER CITY WATER NUMBER SAC UNITS Loikt Lake 7203 6430 THIS CERTIFICATE OF OCCUPANCY SHALL BE POSTED IN A CONSPICUOUS PLACE ON THE PREMISES AND SHALL NOT BE REMOVED EXCEPT BY THE BUILDING INSPECTOR. O?0CCUPANC y '^'*^**''^°* C*"TIFICATI FOR YOUR INFORMATION FOR ANY POLICE, FIRE OR MEDICAL EMERGENCY - CALL: 911 POSTING OF YOUR ASSIGNED HOUSE NUMBER IS REQUIRED. automobile r^istration. CiW water Ind Tkk b U —fWy tfiit I i4tffWi mi UMrt tfw wawlwiiw hnaaipie«, «r i» MMh atiMMiom m UILDING OFFICIAL yff) y ZONING ADMINISTRATOR •• "-i . t 'm i vS ■ 5-; V; <-»- \ / \ \ \ \ \y r \ I / r i/ / \ \ V-' \ \ / \ \ ' k y /\\w \ 7 7 TO: FROM DATE SDBJ Appl home Zonii List Exhit Exhit Exhit Exhit Exhib Appli Appli appea accur lakes Staff certi a) Aci b) Re< c) Loc d) Anj e) Cex »•'* r/;VfKf * »r .,•••» ^ List of Exhibits itBiu:-5v’5s*irr’--i >-i^-. '^ 'y- .:'• .•=!,•• -■ *-• • ■ ■; '--V:! Planning Commission Michael P. Gaffron, Assistant Zoning Administrator May 17, 1984 #833 Harry Brockopp, 993 Wildhurst Trail - Variance Application - Lot area and width variance to build none a new single family Zoning District - 140-®lot*Sidth®“ ^ *“* buildable land Exhibit A Exhibi' 3 Exhibit C Exhibit D Exhibit E Application Property Owners List Plat Map Copy of a certificate of survey (4-26-61) Proposed house plan xSSi4^*”^ wishes to build on a substandard lot on Wildhurst Trail -P~«rto“L"a“to^* three-fourths acre/but actu-llyU al™?nelvr^it^ /K® *"f survey submitted does notreflect the property boundaries in relation to the current lakeshore and traveled access road. The lot has s^er avatuMe cer“f?c?™ o/Vur“y"lh"^^^^^^^^ » «“«"t a) Actual shoreline location b) Required setbacks: 75' front (lake) setback from 929.4 elevation or average setback Ji?® (whichever is farther from lake) 10* side setbacks e> 4. ,, 1®’ “treet/rear setbackc; Location of travelled roadway d) Any other improvements to the prooertv e) Certification of dry buildable lot^arL .V'-■■ ■‘•k’ strator ngle family B land irst Trail, actually it d does not bhe current available. f a current setback lake) M ¥i i i I I ,; -4 4 J\ -J' • 'iSli ^_T-wr^»g’Jr• - ^r ^I I'l wuu-* iA.'-r^ —ra - HC 1233 PROPERTY OWNERS LIST DEPT OF PROPERTY TAXATION A*e09 GOVERNMENT CENTER MINNEAPOLIS, MN S94S7 l.l•T MZC ISO' I CEMTIFY THAT THE FACTS REFSESENTEO ON THIS CERTIFICATE ARE AN ACCURATE AND TRUE RERRE- SENTATION OF INFORMATION At IT ARREARS THIS DATE ON THE RECORDS OF TNE NENNERIN COUNTY FINANCE DIVISION. TO TNE REST CF MV KNOWLEDGE AND RELIEF. NENNERIN CO. OERT. pF MOREffTY _PA6E 2 DATE FEE OWNER K A CRONSTRONS ET AL t-i 4 TAX PAYER/ MAILING ADDRESS K A CRONSTROMS 998 WILDHURST TRAIl JC A CRONSTROM ET AL PROPERTY ADDRESS 07-117-23-24- Vm V k m ■ r <-^1 i r,. zu !Ull ^ ‘ lA5ITTO » a Wirt i .4 • RCmsCNTCO ON THIS rc AND TNUC RCMt- At IT AMCARt THIS NC NCNNCRIN COUNTY ICST OP MV KNONLCOtC MTV TM^tONi □ .yMBa (jua-^ TY ADDRESS NOMTH AMM WEST JCNMINGS \ X HA^RtSOM? lOUNb'^ ■) ^ coo^s BAY ' N.- ^ Jl. - » M \ )1 /</''/ i(i"‘ CRAN& ISC-^ . ilP’J %' / '^ * \'A/ 4S:t5•> M>R30I984 »• V© 'V . •. . *• ! . • • \.» .-.7^ W NOHTM MNt Oil Mi« \ '.WEST Cr-^ JENMiNCS. V' ^,0 ../// ORONO / hat , f s ^/r haSriso^ " • '30 v.*-*/.'' FagtrMt* .»> OUNDvr»n»00O ■..>« .. BAY ')(3 -ocem)i6 if^PARk' I I: --•-:'.'j, bav\)v4 SPWNI .«. PARK ' BAY^. //20 30 1 /'• *»t V CARMANS » ‘■'^'^bea /) " r\4 < V’.- _l___0* ;/ ■■ X-.. .>vX'■. '. vV«* #*"A1^*3)/ • ■-16 wWi - • chaU».Mi KMCWOOO H0A9 t I .ij •f i:’’ rl r t H Vj\ nvi \4t 'r. !• II Si.* • ... 9, }............ Mu ORONO French. £^vt *o; o kv \ V? /tS !?MBF Hi H^ONHA ] \a.^BEA L^AYLI'TE '•■A/'pftY ■>■'■' ll ■" •f '4 \ k -Oil tAf4Nl.L'I.L'^ L« ' r ■■' Jl BAY A .2“/ ! ■ '..?.c • \ \( \‘-- 'GiproNs < . T ■ ■••>; H -;.••■ ■■ :.,v^'. ■ -‘i. A*" .. k - •'^1 j JT! f^; r-rrM.V. :•■ -.•a’'>^•*s>I., mil............... V.'Ci V .».^.lW iCAO •» «s^< vv'i, V7iv»# • « •* MiNNcA^OliS ^•‘.. MINN. ^ •; ...If • • • • #i» •* M** « » e • • 4*« •% mm • . •.\mmrn S^-••^• 'i 7 c.c,-> t e '.. • mm m - • Boov/il . .?ofte.7£. • • ^/7f^ V76p j: //.' • 4 V ? 1 li •. I ^ f V 1^. ? aV s. VN ' . I V •v % I \\ I A./( A • #• •; iC« • • • ^ •.: 'jiV <:(f/ • '# n I ve \ NJ \ \ K O { \ t i ficrsby ccrl;iy t.‘u«*. -hi . true A.-.w C'>rrfCt. rf».*e:.-J". o ‘* .». «'.i;*v<-.y of l.'.^* ’:.oa:.«'.» . . • i)loc ’< I ar*r. 2. Kou-i*. Vii.:..- ir.. 0 jii(• wot-u-y* ^I j /{..M Iho Viicated &lrefft."i a-.; j.i-*' :.'- :.hcr^ lo, eiC<>vt tho VoM half of s -i ih;ot;^- Ik, i»Ioc'< I a:.o of t:.o of zill bullal;:^^. *.hcr.r .*/.'.. .. .:*. all '-viulble er.croAcr.t^er.Vb . 1: . fr.»s or on tuld la;u1. As i.ur,"■. .«»! by r.i this 26th da/ of A>ril. / *APR30I984 V V /•I I r ■^.« v:^! !«lAtk bi\» 1*50 V">*» i••.. ■•r # • ■■ h '•-. •'. ■ T - |r a4'T; fr r. hifoseaJ I NNcAPOliS >•:. MINN. \mm^ ZM. .. .fo*. 7£ \►o ' »H • • \ • *:.Cj^;.«;i . . • • •* * Z €\ , 'li.-.i.-*., «;.ci • :> ;.;;cr^, il; o:' i .“i ^ * •• M' *"h l•••0 .•»*•> V* •* • ** • . 4 •* . a» • . W* 1* •P » b ^ . • • «>«ii Is j.*a.'«w i<y r.». APR30B64 f/r Lc—/ • i V«»% < «•*. K f f.S :;■ ^ rx- ^ .' . n iii. V‘ ^ i f''■sr ^w»w» r: gc..r- hit* *mi !.; HI::- Tl::r.‘ UPPER l.l:Vtl 4 ^ i •••/ * !»•' .«•♦•• I I* .f \ t •Mil. |. V* %*• LOWER J fIzL * ; c\’ir -i , / ^.T E!Tify •7 i: f • V- I hr. I ^itininnif^i V ' . * ^ •• • . •.. 1 . •H ' I [~ ji '1 ' <«! { !i1l: i:; IjiJ I j ii A• « T•. \i!J I .».. i ! irin'-^' 1* - RUWO ^■1.* (Ii #333 tr fcii ;'iC< 1V r M.* • 'tv ,;■ |#-b •//: 74. ■'.^' 1. K ^ , 4i V If'I 7‘ H .i. Vil P. PA7. Applic Zoninc LIST C Exhibj Exhibj Exhibj Exhibi Exhibi Exhibi Exhibi The Do< IB res Code o] condit the kt condit follow 1. Th no mor 2. Th 3. Th of bus Inspec health 4. Th method proper The ap] renewe issued being r.-giys^.V'i4 :'-«a ■*5i 9 rebuild cident of ts by the A. The ity with of a non- raitted. nels as a ognizing \$ and it to allow is would dealing Btbacks, esting a ans, it r wiva a iclude: »ved mending tls as a ^ ' -V :?■ * ■ W- f.- ■’! ■ r |i k \ u ^ /<?>77>cMry\V. lOUSO boarding kennels, inc. 350S wayzata blvd. • long lake, mn • 5S356 • 612/473-9026 • brian A eathy fulmar April 20, 1984 r City of Orono Post Office Box 66 Crystal Bay, MN 65323 HAY - 11984 niTY OF ORONO To Orono City Administrator, Planning and Zoning Department, Orono Planning Commission Members, Orono City Council Members, Mayor Butler, Area Residents m The tragedy me experienced over the Labor Day holiday when 11 of our boarding guests suffered strychnine poisoning began a difficult six months for us. Three of those dogs died. The other 8 miraculously survived and are now healthy due to the great efforts of Dr. Dan Hartnett of the Long Lake Veterninary ClInlc and his staff. Our thousands of dollars of vet bills are finally going to be covered by our Insurance company. Police Chief Kllbo's Investigation of the Incident was unable to produce any arrests and we have been thrust into the limelight as being the only boarding facility in the nation on record to have been the victim of strychnine poisoning. As a result, our misfortune has become a .earning experience for all /bnerican Boarding Kennels Association members country. We have been asked to 'speak at our next annual meeting on this tragic subject. The question we have been asking ourselves and the question of the day in the kennel industry these past months is “What can be done to protect ouf.selves and the pets entrusted to us? What do we do to allow ourselves to feel comfortable nere again and to continue to provide the service this community needs?" In our situation, the best answer to this question is to design a kennel facility completely secure and thus eliminate the possibility of outside tampering. So the past months have been spent viewing other kennels, talking with kennel building specialists and working with our architect and landscape architect to develop what we feel is an excellent. in the 6 1/2 years that we have been here, we have always tried to be goou nelghtors to those around us and in the design, construction and use of this building will continue to do so. Attached are our plans which deal with these problems. member f r> .1 i / * r i] ■ir!" ■«! > 11 K »• i\ V c ; : r .r • / Page 2 These are the With the best and Hiring gi 2. There wi1 3. All our d than four 4. Our outdo will be r noise sou The dog b 520 sq. f The dog b kennel in 384 sq. f The build This also Our new d< building, enclosed enclosed 8. Our per SOI been disim These are the 1. With this be held ir 2. The landsc will use 1 stimulatic 3. This plan further tc us on the 4. This also presence 1 Is also fu 1 W - 1 1984 ! OFORONO oblem; e at Its ecurity. of, rather on. . paved area a potential (20 X 26 has been a (12 X 32 « be used, be removed, source. kennel h a totalling tlie totally 11y dogs has n. , any sound will location. We ed by outside cres and dences nearest Their The building MAY - 11964 'M A >W I K ' VL I I If* ^ ^ ^• Page 3 CITY OF CRO; ' With all dog boarding now In one location there will be less noise. The noise will be reduced as to noise caused by moving dogs from one area to another as we now must do In full view of other dogs. The interior design of the new building reduces dog to dog visual contact and consequent disruption of the dogs when a "new guest" arrives or when we are working Individually with the dogs. 7.The central work core takes our work space out of the kennel Itself providing us with space separate from the dog kennel area reducing noise creation because the other dogs can no longer s^e Into our work space. Our existing facilities provide space for about 77 dogs In about 6,700 sq. ft. of building area, an additional 7,200 sq. ft. of outside dog runs, for a total hardc'?ver area of approximately 13,900 sq. ft. The plans enclosed for our new facility contain spaces for about 96 dogs enclosed In one 9,600 sq.. ft. building. Thus-you can see that the new facility houses a few more dogs In a smaller, hardcover area and under one roof for noise control and security. As you may know, our site Is an extremely good one for a kennel facility being sandwiched In between U.S. Highway 12 to the*north, Stubbs Bay Road to the west, the Burlington Northern Railroad double-track right-of-way to the west and south, and a substantial swamp area to the east and southeast buffering us from our closest easterly neighbor. We are aware that our nearest neighbor across the tracks has complained to the city council about alleged barking noise from our kennel. While we have done everything we can within the design limitations of our existing facility, we fear that our efforts have been Insufficient to satisfy that neighbor. Our plan Is Intended to allow us to continue our business, to definitively control noise as well as security for the benefit of both ourselves and our neighbors. The Implementation of our plan will be beneficial to Orono In general and our Ifimedlate neighbors In particular In that It will cut down on noise transmittal and provide a secure boarding facility for pets. There will be no substantial Increase In traffic to and from our site and In any event our site Is accessed on the most major highway in Orono as It Is. The facility Itself will be upgraded from an antiquated one of small, separate buildings with outdoor dog runs, to one entirely enclosed. The value of our property will be Increased by this change and we beleve the value of the surrounding properties will also be Improved by elimination of the relative unsightliness of our existing facility and the complaints about noise. Because of the location of our site In the confluence of the highway and the railroad, the site Itself Is very unique and Is essentially a very undesirable site for single-family housing (the present . zoning). It Is much too small and Irregular and low to be useful for farming, and therefore the best use of the site Is for a dog kennel facility. For these reasons of the uniqueness of our site, there wouldn't be a problem with others requesting the same things we are asking for. Our dog kennel provides a very much desired and needed service for Orono and the west suburban area. u i 1i V Page 4 fear°that fuLre*dog*^Misonl^ Improvements to our site, m complaints persist, that we w 1 nour neighbors' iJISRaj^Ss IS W ffi£s;rrsSsS,Jt'ii:,W4 iLiii s.™«ii;.xr Sincerely yours. Brain Fulmer Cathy Fulmer Enc. J JH®1M MAY - I 1984 • » •• ^ mt A t'.. • y-.r.; site* r neighbors' Jstly build )ur property ighbors. ir neighbors fer last ^ request e plans s~h I la K kJi M H § m iSm o IQ N ^ ac r < 2 > ^ lu 3 H ESS5SIQ Iwm N u Mhi sss 3 0 O mi h.*lS 1 ?5» 0 ^ M 3 0 s O M E in I-ss»sim e a z M 3 •^13 hi »• M M < < M ®a H|' 7 ““qS ni lu B p»3es§i l!i SS J •n m oi lu iu 8 ^ fi CQ in lAj ui fO 0 M M higz* g « P a. o,» ^ ^ in ^ tti7 «« Kl O Si U U ^ & & S J ki uj 0 0 S O S O > ki o in m 0 a CL ft in "* o S S V I M____in o 0 0 ins aa$ I 0 »g m Jns m M S IS I S 2 hi <8 2ris a8 8S9 8K in 0 I CD I S*2S 0 0 H 7 **•*mi ilsi s BS8«5-l- rgssss sas“a. U - S. oz■»... * » hi CD 1 1984o OCo 1 Ll. © (uy o • - ' T-.- -.y, II - 4i': ’•X- 1^ \ » aof vr» 5 > \ *. *f ■ O’ / i ./ •• :• #*. / :• / / tSi / i • V Ml I •» < .• hm ■>./ ■t :'4 ■- 4 RCGULAH MEET] Mr. Alan Olsc Administrator ing informatj conditional i Wayzata Ooule states: Mr. & Mrs. Ri the Wayside K agreement wit receiving Cou existing non- They have inf the operation might inform expanding of we choose to use permit. We might cons give the gene Planning Comm Work Session, to prepare an would include kennel operat detail on the former kennel and problems Planning Comm: a public hear: meeting schec Staff - Octobc Enclosed is a requesting res operations• Staff - Octobc Dr. Richard in response tc submitted the He appeared to that have been the past. Rec me they would sources of the with the Resea The department yjmsssssm RCGULAH liEETING OF THE ORONO COUNCIL, NOVEfIBER 14, 1977 BX//. F Mr. Alan Olson, Assistant Building & Zoning Administrator, entered into the record the follow ing information concerning the transfer of a conditional use permit for Wayside Kennels, 3505 Wayzata Boulevard, dated September 29, 1977, which states: ge 12 INDITIONAL USE PERMIT 3505 Wayzata Boulevard #318 Richard Fulmer Mr. ft Mrs. Richard Fulmer are considering purchasing the Wayside Kennel property. They have a purchase ®9^©6sient with Norman Larson contingent upon receiving Council's approval for a transfer of the existing non-conforming use (dog kennel operation). They have informed us they have intentions of improving the operation and property in general. I think we might inform the applicant of our restrictions on expanding of existing, non-conforming land uses if we choose to approve transfer of the conditional use permit. We might consider requiring a public hearing to give the general public the opportunity to respond. Planning Commission Meeting - October 3, 1977 Work Session. Instructed staff request the Fulmers to prepare and submit a letter to the City which would include a resume of their past history as kennel operators. The letter was to include a detail on the projected operation and address of former kennel establi*3hments under their supervision and problems experienced, if any. Planning Commission instructed staff to schedule a public hearing for the Planning Commission meeting scheduled for November 7, 1977. Staff - October 5, 1977 Enclosed is a copy of a letter to the Fulmers requesting resume of experiences with kennel operations. Staff - October 12, 1977 Dr. Richard Fulmer was in to see me this morning in response to the letter I sent him recently. He submitted the letter with a resume as requested. He appeared to be very conscious of the problems that have been brought to the City's attention in the past. Recognizing these problems, he assured me they would cooperate with us to eliminate the sources of these problems. Mr. Fulmer is associated with the Research Department of Cargill Industries. The department deals mainly in feeds, etc.(Continued) RkCUUCR MEET Applicants a they were pr signs now po The Commissi Several Comm observed a v since the Fu property. The Planning the transfer subject to t any the Coun Council Meet Mayor Van Ne public prese Butler moved the conditio 3505 Wayzata Motion, Ayes Butler moved a conditiona 3505 Wayzata Commission r Motion, Ayes Mr. Alan 01s Administrate building exp 3400 Shoreli also noted t two addition Mayor Van Ne adopt Resolu Building Exp 3400 Shoreli additional S Nays (0). Mayor Van Ne request staf the Navarre regular meet Ayes (5) - K ITIONAL USE PERMIT Wayzata Boulevard ard Fulmer binued) ,^iiiiriiB|l^; V V*?- V - - RfeCOljCR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1977 Page 14 Applicants also presented a sketch of a sign they were proposing to use in lieu of all of the signs now posted on the building and property. The Commission agreed it would be an improvement. Several Commission members also noted they had observed a vast improvement on the property since the Fulmers have started cleaning the property The Planning Commission recommended approval of the transfer of the conditional use permit subject to the conditions previously noted plus any the Council may consider appropriate. Council Meeting - November 14, 1977 14ayor Van Nest asked for comments from the public present. There were none. % Butler moved. Mayor Van Nest seconded, to revoke the conditional use permit for Mr. Norman Larson, 3505 Wayzata Boulevard, for the Wayside Kennels. Motion, Ayes (5) - Nays (0). Butler moved. Mayor Van Nest seconded, to approve a conditional use permit for Dr. Richard Fulmer, 3505 Wayzata Boulevard, as per the Planning Commission recommendations of November 7, 1977. Motion, Ayes (5) - Nays (0). Mr. Alan Olson, Assistant Building & Zoning Administrator, presented a resolution approving building expansion plans for the Navarre Hardware, 3400 Shoreline Drive, for Council action. Mr. Olson also noted that there are assessments due, plus two additional S.A.C. charges. Mayor Van Nest moved, Massengale seconded, to adopt Resolution #852, A Resolution Approving Building Expansion Plans For Navarre Hardware, 3400 Shoreline Drive, subject to including two additional S.A.C^ charges. Motion, Ayes (5) - Mays (0). Mayor Van Nest moved, Massengale seconded, to request staff to review assessments due for the Navarre Hardware for Council review at their regular meeting of November 28, 1977. Motion, Ayes (5) - Mays (0) CONDITIONAL USE PERMIT 3505 Wayzata Boulevard (Continued) NAVARRE HARDWARE 3400 Shoreline Drive #320 RESOLUTION #852 Navarre Hardware 3400 Shoreline Drive • -i f .n % The Orono Plann the following m ^fembe^s Hurr, H present was Zon: Chairwoman McDoi place for a pub! Kennels for a t; property locate* Administrator p: the .Affidavit o: The Fulmer's ha Larson and are existing non-co introduced his Fulmer, who wil The applicants proposing to us on the building agreed that it sign appeared t of the kennel w the Dog House B The Planning Cor public. Dick St of the kennel, t Selhost expressc general appearar In response, Bri the problems of odor. He asked have cleaned up will take awhile The reason they would like to fi operation should business for the ceiling in the n >hich would redi be living on the noise also and v The applicant be a boarding maxiraun capaci on holidays an concrete as we after a reason the public and Page 14 lTIONAL use permit Wayzata Boulevard :inued) RBE HARDWARE I Shoreline Drive ILUTION 1852 irre Hardware I Shoreline Drive ■A'^v n»;.. m M ■ Wi i-'. cm OF ORONO, MINNESOTA MINUTES OF A PLANNING COMMISSION MEETING HELD N0VB4BER 7, 1977 The Orono Planning Commission met on the above date with the following members present: Chairwoman McDonald, Members Hurr, Hanmerel, Hassel, Hannah, Frahm. Also present was Zoning Administrator Hank Miihich. Chairwoman McDonald announced that this was the time and place for a public hearing on the petition of Wayside Kennels for a transfer of a conditional use permit of property located at 3505 Wayzata Boulevard. The Zoning Administrator presented the Notice of Public Hearing and the .Affidavit of Publication. The Fulmer’s have purchased this property from Norman Larson and are requesting approval for a transfer of the existing non-conforming use. Dr. Fulmer was present and introduced his son and dau^ter-in-law, Brian and Cathy Fulmer, who will be running the kennel operation. The applicants presented a sketch of a si^ they are proposing to use in place of all the signs now posted on the building and the property. The Planning Commission agreed that it vrould be an inprovement. The size of the sign appeared to meet the code requirements. The name of the kennel would be changed from Wayside Kennels to the Dog House Boarding Kennels. The Planning Commissicvi opened the discussion to the public. Dick Selhost, \lho owns property to the south of the kennel, and Angie Koenig were present. Mr. Selhost expressed his concern regardi^ noise, odor and general appearance of the property. In response, Brian FUlmer stated that they are aware of the problems of the past operation such as noise and odor. He asked that everyone bear with them until they have cleaned up the premises. This is something that will take awhile. The reason they purchased the property was because they would like to fix it up in the way they feel a kennel operation should be anc’ feel that it will be a good business for the connunity. They plan to lower the ceiling in the main building and insulate the walls which would reduce the noise factor. They will also be living on the property and will be af^ted by the noise also and will attest to control this. The applicmt also reaffirmed the fact that this would be a boarding operation with a maximum of 60 dogs. This ■aximum capacity would very seldom occur except possibly on holidays and some weekends. The outside runs will be concrete as well as the inside. The dogs will be inside after a reasonable hour. The operation would be open to the public and staff for inspection. Em ATTENDANCE - 7:30 P.M. '-^LIC HEARING - 7:30 P.M. WAYSIDE KENNELS 3505 WAYZATA BOULEVARD TRANSFER OF CONDITION USE PERMIT FOR EXISTING NON- CONFORMING USE (#318) *is;? 11- %■ m '4. :;.L r7< ^ -.F % -/L I TNUrES OF A PU After all the pi at 7:50 p.m. The Planning Co tion. The COmm and enthusiast! to inprove the they observed a Fulmer's have s After some disci approval of the date nev license a boarding kenne that no dogs be that the kennel business or voul or other health exists. Motion The question of Dr. Fulmer e^lj would be similai treated with che be decomposed ii be. Dr. Fulmer from three horse Kassel moved. Hi include: the w! generally accept safety or welfai Ayes (6), Nays I Chairwoman McDor place for a pub] Lawrence for a i Sixth Avenue N. Notice of Public The Zoning Admix just north of tl mitted for subdi division and res the east lot of lots meet the 2- short of the rec; Fred Herfurth, i He presented a c .L M ISI77 GANCE - 7:30 P.M, : HEARING - 7:30 P.M. 9E KDINELS «AYZATA BOJLEVARD PER OF CONDITIONAL USE r FOR EXISTING NON- RMING USE ) p5| -T V ■ 'S' .''V/ s. A htv r’ - L !*»INUTES OF A PLANNING CattlSSION ^EETrNG HELD NOVEMBER 7, 1977 - PAGE 2 After all the public were heard, the public hearing was closed at 7:50 p.m. NAYSIDE KENNELS (continued) (1318) The Planning Conmission continued disscussion of the applica* tion. The Commission felt that the applicants were responsible and enthusiastic people and would be reliable in their attempts to inprove the property. Several of the menders stated that they observed a vast in^rovemcnt on the property since the Fulmer’s have started cleaning up the property. After some discussion, Hassel moved, Hatnmerel seconded, to recommend approval of the transfer of the Conditional Use Permit to expire on the date nev licenses are required on the condition that this is primarily a boarding kennel and the capacity would be no more than 60 dogs. Also, that no dogs be sold for experimental pxarposes. Also, the understanding that the kennel facilities be open to the public under normal hours of business or would be inspected from time to time by the building inspector or other health inspector from the City to see that no unsafe health condition exists. Motion - Ayes (6), Nays (O). The question of the disposal of the manure was brought up. Dr. FUlmer e^lained that the process for the waste disposal would be similar to a satellite facility which would be treated with chemicals. Nhen the container is full it would be decomposed in much the same way that a septic tank would be. Dr. Fulmer further stated that the total amount of waste from three horses would exceed waste from 60 dogs. Kassel moved, Hammerel seconded, to amend the motion to include: the waste material will be disposed of in a generally accepted method so as not to cause a health, * safety or welfare problem on the property. Motion - Ayes (6), Nays (0). Oiairwoman McDonald announced that this was the time and. place for a public hearing on the petition of James Lawrence for a subdivision of property located at 1550 Sixth Avenue N. The Zoning Administrator presented the Notice of Public Hearing and the Affidavit of Publication. P.M.PUBLIC HEARING - 8:(N JAMES LAMRH4CE 1550 SIXTH AVENUE N. SUBDIVISION (PRELIMINARY) (1323) The Zoning Administrator advised that this subdivision is just north of the Douglas Dayton property recently sub mitted for subdivision. The proposal consists of a sub division and rearrangement of the Lawrence property of the east lot of the Dayton subdivision. The proposed 8 lots meet the 2-acre area requirement. Lot 1 is 6 ft. short of the required 200 ft. lot width requirement.4 Fred Herfurth, representing the applicant, was present. He presented a copy of the statement of the siibdivider. r ■ * w * -:.#V healt: right limit befor a set licen propo by th peeve rates consi No li the C the £ where at an breed denti age a enjoy sure maint one o ing t kenne perso on ai accor keep lot c licen kenne board valid ORONO DE KENNELS ;inued) 1) ir id it ion P.N.[C HEARING - 8:01 S LANRB4CE SCCIH AVENUE N. nnSIGN (PRELIMINARY) 5) S 5.35 D. The Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. E. Each applicant shall file with the City Clerk, before a garbage and refuse hauler's license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. The schedule of proposed cates, or a compromise schedule thereof, shall be approved by the Council before granting the license. Nothing herein shall prevent a licensee from petitioning the Council for review of such rates during the licensed period, and the Council may likewise consider such petition and make new rates effective at any time. No licensee shall charge rates in excess of the rates approved by the Council. SBC. 5.36. KENNELS. Subd. li Definitions. For the purpose of this Section, the following terms shall have the meanings stated: A. "Commercial Kennel” means a place or premises where three or more dogs over six months of age are kept or housed at any one time for commercial purposes including sale, boarding, breeding, grooming, training, or medical care. B. "Residential Kennel” means an accessory resi dential use or place where three or more dogs over six months of age are kept or housed for the sole non-commercial use, benefit or enjoyment of the property owner or occupant. C. "Kennel Structure" means a dog house or enclo sure of any kind including a fenced pen or dog run constructed, maintained or used for purposes of keeping, housing or restraining one or more dogs in a limited area. A fenced-in yar'^. area amount ing to 600 square feet or more per dog shall not be defined as a kennel structure. Subd, 2. License Required. It is unlawful for any person to own, operate, use, maintain or allow to exist any kennel on any property without a license therefor from the City in accordance with this Section. A. It is unlawful for any person to own, harbor, keep or house three or more dogs over six months of age on any one lot or property without a valid residential or commercial kennel license. B. It is unlawful for any person to operate any kennel for business or commercial purposes including sale, boarding, breeding, grooming, training or medical care without a valid commercial kennel license. ORONO CC 123 (4-1-84) a • keep, withoi that I month: locate feet a expire existJ thirty are p< accord be iss Counci for p< to, 1 existi lot, h licen! anima] commei Requii pr ivi; than \ not b( persor the m. upon I kenne. propel from ] breed) of f sp. groom: Requii for p: rural Zonin' reside comme contai to op< on ne: ORONO I S 5.35 ' maintaining r reserves the insees, and to le City Clerk, !d or renewed, m during the ie schedule of LI be approved herein shall review of such may likewise at any time, s approved by this Section, e or premises kept or housed Bile, boarding. cessory resi- six months of se, benefit or >use or enclo- I constructed, or restraining 3 area amount- ft defined as a iwful for any ist any kennel ft the City in > own, harbor, age on any one mercial kennel '.o operate any eluding sale, care without a (4-1-84) a « > !J %■n I: ‘r>! >4 / I r S 5.36 C. It is unlawful for any person to construct, keep, maintain or use a kennel structure for one or more dogs without a valid residential or commercial kennel license, except that kennel structures used for not more than two dogs over six months of age need not be licensed if said kennel structure is located in a side or rear yard and is not less than thirty (30) feet away from any property line. Subd. 3. License Period. All kennel licenses shall expire on March 1 of each year. Application for renewal of an existing kennel license shall be made to the City Clerk at least thirty (30) days prior to the expiration date. Subd. 4. Kennel License Standards. All kennel licenses are permissive only, granting limited authority to the licensee according to the provisions of each license. Kennel licenses may be issued by the City Clerk only after review and approval by the Council. The Council shall review each kennel license application for pertinent facts and circumstances including, but not limited to, location in the City, zoning, lot size, number of dogs, existing or proposed kennel facilities including location on the lot, kennel maintenance, sanitation, and any previous dog or kennel license violations by the applicant such as keeping too many animals, nuisance complaints, excessive noise, running at-large or commercial activities occurring at a residential kennel. Subd. 5. Residential Kennel License Standards and Requirements. Residential kennel licenses are intended as a special privilege tc be granted upon a showing that the keeping of more than the normal two dogs, and/or a kennel structure location will not be a public nuisance or otherwise adversely affect neighboring persons or property. The Council shall have the authority to limit the maximum number of dogs kept at any residential kennel based upon the kennel standards listed in Subdivision 4. No residential kennel license shall be granted unless the property contains a proper kennel structure or is otherwise fenced to prevent the dogs from running at-large. Nothing in this Chapter shall preclude the breeding of licensed dogs kept at a residential kennel, the sale of offspring, the occasional sale of licensed dogs, or the private grooming, training or medical care of such dogs on the premises. Subd. 6. Commercial Kennel License Standards and Requirements. New commercial kennel licenses shall be issued only for property that is properly zoned for business purposes or for rural residential property of sufficient acreage to comply with the Zoning Chapter. Commercial kennels shall not be allowed as a residential "home occupation" pursuant to the Zoning Chapter. No commercial kennel license shall be granted unless the property contains a kennel structure and other enclosed buildings sufficient to operate the business without nuisance or other adverse effects on neighboring properties. ORONO CC 124 (4-1-84) CITY OF O PLEASE FI S 5.36 constructr : more dogs nse, except gs over six tructure is thirty (30) inses shall lewal of an rk at least lel licenses he licensee licenses may :oval by the application not limited ^r of dogs, tion on the 9g or kennel ig too many at-large or indards and as a special ing of more >cation will neighboring ity to limit lennel based residential contains a ent the dogs preclude the the sale of the private premises. indards and issued only poses or for ply with the illowed as a Chapter. No the property |S sufficient erse effects (4-1-84) PUBLIC ATTENDANCE CITY OF ORONO PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) l4. ^t7!/ y^ . MEETING DATEO APPLICATION NUMBER/NAME PRESENT FOR L . L . / 'tCX /-/c 4 L nj- I 3ac f f " '/^idUxL 'L CjyjJJ! 0 Lt>i I, f/vt itrustUUitfCfgIfii J Vo Vv riy^^ V .^236 9 n~1«>)6 VW(tA? ^li S$ / A 7 V Nil- faii:i.Kn pL C-( . M// ii/ o Aifi - '^p.o (I^/ClAluj^ y J'lannlL/ A^fjlP. ..., ,r <r-- -A? i.: CITY OF ORO PLEASE FILL NAME (plee .'T t > 2* -rJJL.rWM- 3. Of^kWL 4. f)d'>'R. 6. Z 7- li/ian. 8. Vo,s/ ^7 9. ru/}(j!(>c 10 . KlAr>/ (■ / lie 12yJ fCC- r'- 20. ■; • P.C. ATE O •Y RECORDS. [ ■„. *ION NUMBER/NAME :nt for / 't^T 4 L la^iRjL ftr4- li-('LL (y^ jtA iUj^j _.VV — 2 />t^ '/ iJ % 11 !l T I *T h- P.d- PUBLIC ATTENDANCE CITY OF ORONO MEETING DAT E c%;?/ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS APPLICATION NUMBER/NAME PRESENT FOR 1.^'-I \q r\5 ^ c . to A L • In I r s': e4 2 . <^.1^n.V\v>A^ / H yvv P “S' o v\ 4. IAJnJ\? ?-, JJ *, «b O-'C^________________ / » * 1 ^ /-it.- yCr,U//.l l. 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