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03-21-1983 Planning Packet
PLANNING COMMISSION MEETING COUNCIL CHAMBERS 7:30 P.M. MONDAY, MARCH 21, 1933 Council Representative - Thomas Frahra CALL TO ORDER PUBLIC HEARINGS 1.7:30 P.M. - #714 - Richard M. Keaveny Preliminary Subdivision 3405 & 3425 Shoreline Drive - 2.7:45 P.M. - #727 - Richard M. Keaveny - 3425 Shoreline Drive - Rezoning 3.8:00 P.M. - #726 - Willicun Gregory - 1410 Shoreline Drive - Vacation FIVE MINUTE RECESS 4.9:00 P.M. - #734 - George Steiner - 700 Sixth Avenue North Subdivision ACTION ITEMS 5.#725 - Bob Skinner - 3420 Shoreline Drive - Conditional Use Permit 6.#730 - Kevin Rolf - 2700 Casco Point Road - Variance 7.#731 - Charles Hommeyer - 477 Park Lane - Variance 8.#732 - James Dongo ke - 875 Forest Arms Lane - Building Permit Review 9.#733 - Joseph R. Lofrano - 3365 Crystal Bay Road - Variance Select Planning Commission ro^itiber to attend Council meeting of April 11, 1983 APPROVAL OF MINUTES 10.Approval of Planning commission Minutes of February 7, 1983 I DMMISSION MEETING AMBERS 7:30 P.M. MARCH 21, 1933 Frahm M. Keaveny - 3405 & 3425 Shoreline Drive division M. Keaveny - 3425 Shoreline Drive - Gregory - 1410 Shoreline Drive - Vacation Jteiner - 700 Sixth Avenue North - Shoreline Drive - Conditional Use Permit isco Point Road - Variance 177 Park Lane - Variance Forest Arms Lane - Building Permit Review 3365 Crystal Bay Road - Variance er to attend Council meeting of April 11, ,4 ■ 1 I 1 i|- jsion Minutes of February 7, 1983 ■ ■ . V- . ^ = 't. ' : «'f i'- 1 VILLAiGEOFOEON© --- V- • •• • ««>».5?__ ...........^ '4J •••••- S3f- • •• • •• Jl*»* / \ ......................' J-..., 0 14- . y • UtJ 4 V V *W^-- X- •.■•"•":• - Hr. wnLitmm f mti Si/. tfAt •I Wf,- TO:Planning commission Members FROM:Jeanne A. Mabusth, Zoning Administrator DATE:March 15, 1983 SUBJECT:#714 - Richard Keaveny - 3423 Shoreline Drive Preliminary Subdivision Zoning District - B-1 Total area - approximately 72,516 sq. ft. or 1.66 acres Application - Subdivision - plat - two lots Tract A Required Proposed 20,000 sq.ft. 20,000.4 sq. ft. Tract B Required Proposed 20,000 sq. ft. 52,516 sq. ft. or 1.2 acres Variance for existing structure on Tract A Required ~ 15* Requested by staff — 5* Proposed - 3.9* Variance - 10’ or 67% Variance - 11.1 or 72.5% LIST OP EXHIBITS Exhibit A - Application Exhibit B - Plat map Exhibit C - Property owners list Exhibit D - Subdivision - plan The applicant and other involved property owners have filed the rezoning application requesting B-1 zoning as required by the Planning Commission at their meeting of November 15, 1982. The standards of the B-1 zoning district are applicable for this review. The applicant asks that the City grant a setback variance of 11.1' along the west property line where the existing building on Tract A is 3.9' from the proposed lot line. If the lot line were realigned to meet the required 15' setback, there would be adequate area to the south in Tract A to give Tract B the required area of 20,000 sq. ft. The lot lines as proposed relate more to the existing improvements and usage of the property. Keaveny will have to make arrangements with the renters of the building that use the loading area on the east side of the building and arrange to transfer all loading to the rear or south of the structure. The building code requires a minimum setback of 5' fron a lot line where there^ is a door. Unless the door is removed, staff cannot permit a 3.9' setback. We recommend a minimum setback of 5'. •• • % IV % mm V I I' i #714 - R March 15 Page 2 All new of the B 35* fron 15' west 35* east The new Highway Per the Commerci shall be with bui whicheve The Citj The Henr the Cit^ Please r survey, notifiec to the ( Staff R< To recoin variance and suit building standard 1. Lot for 2. Futu for 3. Payn 4.Trac the wate tv,'-. r; i Drive - iff - 5* Dr 67% the rezoning ig Commission i B-1 zoning of 11.1* along :t A is 3.9* from meet the required Tract A to lines as proposed property. * tho building I and arrange :ure. The Line where there Lt a 3.9* setback. IIli r.- i i > ** K ,1^ u. 'y muM/rnm wmiimM .V ...>.> ,m,0^uStim~ #714 ~ Richard Keaveny March 15, 1983 Page 2 All new construction on Tract B will be subject to the required setbacks of the B'l zoning district, as follows: 35* front & rear 15* west side yard 35* east side yard The new owner/occupant of Tract B must apply to the Hennepin County Highway Department for an access permit. Per the park fee schedule as follows: Commercial or industrial Development. Cash contributions dedicated shall be at the rate of $500 per acre of gross land area, to be paid with building permit for principal structure or at the time of subdivision, whichever occurs first. The City will ask for a payment of $250 for newly created Tract B. The Hennepin County Highway Department is reviewing the plat, although, the City will not approve any requests for additional right of way. Please note, the applicant's surveyor has submitted a registered land survey, although, staff had requested a plat. The surveyor has been notified of the error and a formal preliminary plan will be submitted to the City for the Council meeting of April 11, 1983. Staff Recommendation To recommend approval of the subdivision as amended approving a setback variance of 10* for the existing structure on Tract A finding adequate and suitable area to the rear of the structure for all deliveries to the building and that the minimum 5* setback satisfies all building code standards. Approval is subject to the following conditions: 1. Lot lines be adjusted on the preliminary plans designating a 5* setback for structure on Tract A and 20,000 sq. ft. in area for Tract B. 2. Future owner of Tract B must apply to Hennepin County Highway Department for access premit. 3. 4. Payment of park fee of $250 for Tract B Tracts A & B have been assessed sufficient sewer and water units for the existing usage. Future owner of Tract B must connect to municipal water system. iiiiiBf" #714 - Ric March 15, Page 3 5. All Ic of bui loadixi 6• Counci B-1 zo 7. Per th tanks . .A ired setbacks n County edicated o be paid of subdivision. 'ract B. t, although, , of way. itered land has been I submitted tg a setback ig adequate reries to the ling code :ing a 5' setback : Tract B. lighway Department Iter units for set to municipal #714 - Richard Keaveny March 15, 1983 Page 3 5. All loading for commercial building on Tract A be relocated to rear of building or owner of Tract A to acquire easement over Tract B for loading use. 6. Council must formally approve the rezoning application requesting B-1 zoning for the property. 7. Per the State Fire Code, Keaveny must remove the underground gas tanks prior to final subdivision approval. • ■ ' * ited to rear c Tract B for requesting round gas Itkm PROPERTY Name OWNERS PROPERTY LOCATION Street Address Mt'- '1>:tLr?jzzs: CITY OF ORONO SUBDIVISION APPLICATION FORM_ _ _ APPLICANT Name Richard M, Keaveny fee SBc'd .oa y o Telephone 471->8l65 471-8455 Address 269O Caroline Ave., Wayzata. Mn» 55391 Richard' Keaveny Mailing . Address 2690 Caroline Ave*,Wayzata> Mn. 55391 (Attach list of more than one) Telephone 471*8165 471*8455 3423 Shoreline Dr. Legal Description (PID) Tract B Reg> Land Survey Wo. 1422 20-117-23 12 0034 EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) Present Zoning Diet. Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) PROPOSAL lot line rearrangement only (no new building sites) subdivision for new building sites number of building sites: _ _ __ existing units * now nni^ct . I r.i • •■-p' .1VIN6STON 5 I '4 3 '>'• j N ;«j) ^ date rec'd by \.A *K. fee ibc'd ISfiToa :#/9o?0 I»71-8l65 471-845T ■ii: »71-8165 lf7l.8455 I. 1»22 nd nd all parcels noe of units fy) I sites) rv?' ..•? . W4 wm, ■Vf m '}*) !(.i<<’)..' fV • 20 • 21 n* s ** (M)'! •■'» ? 22 I 2S 24 . i . =;■ el '<e c 3 = N 1 -•• • ^ 1 i i ? ^ ( ^11 ^»2 1 13 14 15 - 1 -V A • JL :d^t/ .tVINGSTON 22 23 (<» LYRIC /-§ 31 <6 jJ5_ * oev#|f k.S# ? 91 or VP7*’35 .'5£ I^c ^ «-r *Q "•» 2d^/r?m \ pci ; ’ I mM pm:: •• >■*.■ ■ - O III CK tt a o^ K> 2 -> -1 O « M 1(1 -j a d: lu lA »0 UJ UJ liJ z csi a CL a M I O M M -J M U> Ik «i Si S•-gss2s" 8: g3 fA g MZ >» M «gggR lA ____W M •A bl Ul Ui Zcj a: Q. B. M J;g“'“'g5 M ll» li. o ^ III III ^ H^ o o o _ < |8SS§SSS8S3 1^ 9^ •H I S p s “NS M o r« >• ^3 ly B B £ O O 2 B Q Q z ly ^ 3 >- NUl a. ui iL £ o ? >S 5egs* ^ M < Kl lU III M lA lA lA ^i|i £ X S HI 15 o n n S g ^ U U X > gopinS^ 9 5| lA III < CM lA lA lA lA Ul B /SlsSiS"** » 25 jr III mo§§E3 &3 |i* '*:^i =iwiu ^ m <y Ul p4 O O IIs!l®pe g g g g a K w p Ul ui Z a 0. M _■ •A < lA CM• Ul \ 8 ; iS ^ Ul at mgS 9See tA Ul H CMBH>glA N"I OIA^ O to M M Bo o 2 93*Sj;5 I 5m OL £ S>5Sg<z lA g s •A Al N I h* $ g geg^ S ^ o 8Sa.8 s K Hl ^i5lA ^ 55 M 7SSg B tAs »! i “j 5S -'“SSeS>• B K >• r* _ tA >•ggiisg g ® lA lA lu K n g M tt |U H :^ggggs ^ ss^« gSpS^ z m ^>- N gw®-Ui i ,■ y «| % f •?- 'k: V- 1^ lA €0 M ;>g I CA (A gM H lA M X CA M B m K BUl 8“ s ♦1 >• K lA •A lAm o • < >• X H i-l fA B p4 Ul I CD CM ri ^ g _ ^ O B fA zqS3 X ^§ X X til m <A B £yi9 m A >•r ^ alA fsl Z M CM r-« Urn U. M M lA CM I A* I 1^ M M V lAo o ^ < 3Sl. M M O lA Z g §§£gS gSSg&zgsgssgS m Bgi.i 8*?? B < Ul a m CL £ O Z X < g|s== im M M 9H O lA fA CM I as" S3,M M ly z ao CM (A CA n •» «M ^m sc sU~sss>a S'*® CM tt 2 Uf $ I O ^ ^KScrgS CM X X o2 u D ^ tA M M Ml lA lA ft P-« M lA »A ui z 9S ^ VS|C:j8 ::9SS8 1 ““iso ^ • ae C “S=?S»» ? CL lU «M io to • -J io ain o o < S r Xs “9Ui CL Mi CL X O 2 X ft A* S lA CM I pM H I CM pM lA CM Ir- p4 I lA CM rC lA CM I p4 I ss MM M S S lAi Sa^ s 2 2 M M Ml > > O _ UI CM lA ft^^tso CA HI S IlS? lA _25»sp, m ! ss,a -I Z CM >- HI 3 lA fC ii^ o CM a 9 >• N ? 8Jft Mi p. Cm s 2 S PA PA CM I N M I ii : 88 8 88^ ^ R ssis lES >* NiLgai; Ifi 2 X ^(K 5 < sSu u ^ h'* r. I ; vM m PF*:'- • -■-i 't •■■ J •i’ % Applicati< Total Arec Current Zc LIST OP E3 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E At your Keaveny * property conmerci the City RLS 1422 existing and patt of the s single c Required i Existing 1 Existing 1 The owners facility J of the cuz 60 100 would All uses f zoning dis existim F '•V 4 •*i'T 'ij'i ;'.- TO:Planning Commission Members FROM:Jeanne A. Mabusth, Zoning Administrator DATE:March 15, 1983 SUBJECT:#727 - Richard Keaveny - 3425 Shoreline Drive Rezoning Application - Rezoning Total Area - 2.5+ acres Current Zoning - “ Shopping Center District LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Zoning Map ~ Navarre Business District Petitions of Owners At your November 15, 1982 meeting, you tabled all further action on Keaveny*s subdivision application until both applicant and other involved property owners filed for a rezoning from B*>3 to B^-l of the entire commercial corridor depicted on Exhibit B. Keaveny was advised that the City would not consider just the rezoning of his property. Tract B, RLS 1422. (Remember SPOT ZONING). In that earlier discussion, the existing zoning was deemed unrealistic. The existing physical site and pattern of ownership are in complete conflict with the true intent of the shopping center district. The property has two owners, not the single control required of the zoning. The property is limited in area. Required under single control - 2 acres Existing Tract A - 1 acre Existing Tract B - 1.5 acres The owners realize that in case of a disaster and the entire existing facility is destroyed, that they must rebuild subject to the standards of the current zoning as follows: a) 60* setback from all property lines b) 100* setback from property lines abutting residential zone - How would you rebuild on Tract A - it would be impossible. All uses permitted in the B-3 district are also approved for the B-1 zoning district. The setback standards of the B-1 are feasible for the existing RLS 1422 and also the proposed division of Tract B. i #727 - Rict March 15, ] Page 2 Staff Recon To recommen for the prc on the foil 1. The prc of the Plan. 2. The prc develop 3• The sta commerc 9 Drive - action on d other involved he entire dvised that erty. Tract B, ssien, the sical site e true intent ners, not the imited in area. ire existing the standards zone How for the B-1 easible for the B. ?T ' ::'m k I « ^ .4 ■U 'VJ M -j- #727 - Richard Keaveny March 15« 1983 Page 2 Staff Recommendations ^ recommend approval of the rezoning application of Richard Keaveny for the property legally described as Tracts A & B, RLS 1422 based on the following findings: 1. The proposed rezoning is consistent with the physical development of the Navarre business district as setforth in the Comprehensive Plan. 2. The proposed rezoning will be in the best interest for the physical development of the City. 3. The standards of the B-1 zoning district are more feasible in the commercial use of the two-acre property , j.- lard Keaveny L422 based L development Comprehensive >r the physical isible in the umw: ■ va ^ Mb' i: . av i a ••ui 9 (O lAas 2tu a £o ^ ^ ssli tn S M 8 iha S ec 2 tel O R ^ lA SBnBI rI.S5S«;j ^ muSSK'” ISI M CL G» rlSSSSis^ mi tt E M Ite u» G UJ Ui e Q 19 lO - . g 5! »<% u ^ O J- S M M o MMI B Mr* SS «a u M O ^ s UI tel •2 2 2 2 o lAtel n Vg “* j: °«gg^ o a < ^ S M o Ni > 5! rKl < < < •'........aIte *41 . ^•A U QC ^ -J 4A €VI M O «A < lA 3 ^ wSJ»3? ^ V lA a^lla •sags 53H" ____III 2 tel tel lA I*^ ^ ^ 5ggsS 8SX3 ft Bsiss ft ^ te4 ft M CL C HI S ? 61 2lA ft QC UJ lA tel Q S IssS 558 g 5 eggs ’*ssssss ..sgggs ^ M fA teJ tel tel Z ft U MSsSsO ^ M tel tel '‘liisa SS88S3 “53 Si fi «t 2ft u ^ EXHIBIT lA tel UI CM ^ ^ ^ i!>i§§ O sS I mS:i* •ISsS p^RftO ri IM N §§e| lA tel «S"8«2n O tel IM ^38®_ LJ « HI tel 2 S U ft !• «A 3 I O ^ lA ^ < -5i§g*^ P a» M p X •: • * I gg *4 Mu u & siiggsMp Ep4 lA *1 9 '"J:ss3k;5HI >• ft >• g e S 2 M ^ III : M 5|ii5s M ttl SB M Z •IttlM -IM &SK8SShull sissSI gSS:9 ft < te« ft tei ft r i'^ t^: :v .J tf 'V.-41 h . V- .••<• r -dL/ / '.1 H X 2 Cte Ite ssg 53K SSS3 ft mgg 2|883 < X'. ^ I/I cn K ^cyi 10 O O ej-----in UlS _____yj 8o99eS _S5gv| o S S u S fj nCJ v-4 iM • ca ^ s s M ^ ^ S > ^ hiSj $ < W V ? Irf SS «::issgs esSis -siss** EXHIBIT is sSttk O Ml o IH *4 Uf 0! £ Sv®5 Sii 9f% Hi »3S"fa 1 Sss, u w g SM M Ml S N 1A lu X 42/1 •ftl/l lli|fa s gSog s->m3 t? h V ^EXHIBIT f 3f ~ TJ oSw *il*f S3Z(ao *f-- % ■ V , 4 ' *'■■ *' - I Iftfl till 1^ EXHIBIT CONSENT We consent to the rezoning of -- Address: 3^05, 3^21, 3^25# 3^35> and 3**65 Shoreline Drive, City of Orono, State of Minnesota Legally described as Tracts A and B, Registered Land Survey No. 1422, Hennepin County, Minnesota. from B-3 Zoning to B-1 Zoning. This consent is given with the understanding and on condition that the described premises can continue to be used for the purposM and in the manner in which the premises are now being used. I^icnard M. Kearny, owner of ' Tract B, Registered Land Survey No. 1422 Date M A /*■ ^—. y J^n C. Xeaveny, wife /of Richard M. Keaveny Date: Date: ATec (j. Overs on, contract f*or deed purchase r of Tract A, Registered Land Survey No. 1422 Date: Tmogene Overson, wife of Alec 0. werson O’. P. H. Co., Contract for Deed Vendor and Pee Owner of Tract A, Registered Land Survey No. 1422. Date: signing as of said organization #72 d 1 -1? 4> I ..<111 Contract for ( Division m ':!»**•■•* V. CONSENT We consent to the rezoning of -- Address: 3^05, 3^21, 3^25, 3*»35> and 3^65 Shoreline Drive, City of Orono, State of Minnesota Legally described as Tracts A and B, Registered Land Survey No, lU22, Hennepin County, Minnesota, from B-3 Zoning to B-1 Zoning, This consent is given with the understanding and on condition that the described premises can continue to be used for the purposes and in the manner in which the premises are now being used. Richard M, Keaveny, owner of Date: Tract B, Registered Land Survey No, 1U22 Joan C, Keaveny, wife of Richard M, Keaveny Date: Date: Alee G, Overson, contract for deed purchaser of Tract A, Registered Land Survey No, 1422 Date: tmogene Overson, wife of Alec G, Overson G, P, H. Co,, Contract for Deed Vendor and Fee Owner of pract^. Registered Land Survey No, Date signing as of said organization Gary Oachit President GRI CRS CRB Office: (612) 546-5346 Residence: (612) 544-5112 5775 Wayzata Blvd. Suite 960 Minneapolis. MN 55416 #72 .‘-tA - ve. City of >vey Mo. 1^22^ th the understanding e to be used for the ' being used. •ii; ' ”1. '■i i\it 'ih \i' S • V . '*•'.iimiTniiiiiiTr'• <% tVi ..•r\ic I 3 exhibit CONSENT We consent to the rezoning of —• Address: 3^05# 3^21, 3^25, 3^35# and 3^65 Shoreline Drive, City of Orono, State of Minnesota Legally described as Tracts A and B, Registered Land Survey No. 1422, Hennepin County, Minnesota. from B*3 Zoning to B>1 Zoning. This consent is given with the understanding and on condition that the described premises can continue to be used for the purposes and in the manner in which the premises are now being used. Date: Richard M. Keaveny, owner of Tract B, Registered land Survey No. lU22 Joan d. keaveny, wife of Richard M. Keaveny Date: Date ract for deed purchaser of Tract A, Registered Land Survey No. 1422 werson Date: ^ G. P. H. Co., Contract for Deed Vendor and Fee Owner of Tract A, Registered Land Survey No. 1422. Date: signing as of said organization 4. o ^ 7.v:*, n *J FROM: DATE: SUBJECT: This is a c I have atta the options Since the f Hennepin Co representin which will Mr• Berg su of proposal memo respon responds to outstanding resolved. Gregory off and land. ' existing Gregory not now area anc expand i public I HEARING PRO( The hearing public input suggestions repeat testj the same hec FROM: DATE: SUBJECT: ■fimr^.*. a. City Council Planning Commission Members Alan P. Olson, City Planner March 17, 1983 Public Hearing - 8:00 P.M. - March 21, 1983 #726 - Proposed Vacation of "Molly’s Corner" Parking Area This is a continuation of the hearing first opened on February 7, 1983, I have attached my February 1, 1983 memo as the cause of this action, the options and the status of facts all remain pertinent.mi Since the first hearing. City staff have met with representatives of Hennepin County and Burlington-Northern Railroad and with Larry Berg, William Gregory. Our intention has been to reach an agreement which will satisfy the concerns of all parties. y Mr. Berg submitted a letter dated February 24, 1983, outlining a series of proposals intended to help resolve the situation. My March 9, 1983 memo responds to his offer, and his March 14, 1983 followup letter responds to my memo. We seem to be in basic agreement except for two outstanding issues. It is hopeful that these will be able to be amicably resolved. Gregory wishes to exercise his lease of railroad right of way, closing off and eliminating that part of the parking area now on railroad land.^ The City Council wishes to retain public use of the entire existing parking area including that part on the railroad right of way Gregory wants the City to vacate all of Bracketts Avenue, which is not now gravelled (the area "in the woods" between the gravelled area and Gregory’s fence line). The City Council does not want to expand the actual parking area, but likewise, they have found no public purpose to be served by such a vacation. HEARING PRCX:EDURE The hearing should be reopened and continued to receive all pertinent public input concerning past and present uses of the property and suggestions for improvements in the situation. There is no need to repeat testimony from February 7, 1983, as this is a continuation of the same hearing and the same record. Wo need new comments. •• t >m u ■f 4 :rl I Molly’s Coj March 17, i Page 2 The hecu:in< PLANNING C( The Plannii or extent ( what legal Commission the narrow and if so. STAFF RECOl Based upon Gregory anc reduce pro) recommends The hie on the all lai follow: 1) Ba: of the in Seel west sj 5.5 ft, from c€ of roac here Wc 1930’C| to SUpE shown 1 createc 2) The center] Orono) Gregory 11 2] 3) r" Parking Area y 7, 1983. action, ves of ry Berg, h an agreement g a series h 9, 1983 etter for two be amicably way, closing railroad e entire right of way. which is availed t want to ound no artinent and need to tion of j ■ ■'} ‘i. 'A m p te t IS ■ -f; m 9 $ V i if h \n . i I i liy 'V-y m Molly's Corner March 17, 1983 Page 2 The hearing should be closed after all have had a chance to speak. PLANNING COMMISSION ACTION The Planning Commission does not have to debate or decide the nature or extent of future use of the property, how it might be regulated or what legal procedures are necessary to carry-out City policy. The Planning Commission does have to provide a recommendation to the City Council on the narrow issue of whether or not public property should be vacated, and if so, to what extent. STAFF RECOMMENDATION FOR PLANNING COMMISSION ACTION Based upon facts in the record, the position of the applicants,William Gregory and David Duff, and the clear need for something to be done to reduce problems and conflicts in the area of Molly's Corner, City staff recommends the following action regarding vacation: The highway right of way should remain 66 feet wide as indicated on the County Highway Plat as recorded February 17, 1982, including all land originally platted in 1887 as Bracketts Avenue, except as follows: 1) Based upon actual use and topographical conditions, that portion of the highway abutting the unplatted Gregory and Duff properties in Section 11 should be limited to 27.5 feet from centerline on the west side only (as requested by the applicants) thereby vacating 5.5 ft. on this side. The east (shoreline) side must remain 33 ft. from centerline and must not be vacated as this entire area consists The actual shorelineof roadbed, riprap and support for the road, here was created when the road was relocated in the late 1920*s-early 1930'c, has been publicly used for fishing, and is publicly necessary to support and maintain the road. There can be no public purpose shown for vacating any shoreline which was either platted public or created by public road construction. 2) The triangular portion of Brackett Avenue west of 33 ft. from centerline (and adjacent to original Lots 5 through 10, Block 16, Orono) should be vacated by the City and County in favor of the Gregorys in exchange for: 1) 2) 3) The proposed deed to the City of the "reserve area." shoreline;& The proposed deed to the City of Block 18 in the parking area; & Assumption by the City of the railroad lease for continued parking lot use. ' —ifct -'r Molly's Corn March 17, 19 Page 3 Additional i a) City Tanager on Brown b) City policing activiti Trespass would no c) Expe 3) Vaca plat at If the agree: then I recom lot size is way, then th spaces in th Staff recommi to speak. 9 the nature regulated or licy. The Planning City Council on d be vacated. icants,Willicun to be done to ner. City staff as indicated 1982, including ue, except as ns, that portion ff properties nterline on the eby vacating t remain 33 ft. re area consists tual shoreline late 1920 * s-early publicly necessary ublic purpose atted public or f 33 ft. from 10, Block 16, avor of the 1^* •^4 • ■ -I H}:, A ve area.** shoreline;& n the parking area; & e for continued i':m jk -i . AJU1 ^ t 1 I * Molly's Corner March 17, 1983 Page 3 Additional incentives for the above grants from the Gregorys would be: a) City granting of dockage rights transfer from Brown's Bay to Tanager Lake as if the entire length of the Gregory-Duff property on Brown's Bay were uncontestedly private. b) City fencing and regulation of the parking area including active policing, hours control, litter cleanup, etc. and restrictions of activities as outlined in Mr. Berg's February 24, 1983 letter. Trespassing on and use of railroad right of way (except for the parking) would not be permitted. c) Expeditious completion of platting and land registration proceedings. 3) Vacate corner of Brackett Avenue east (south) of County Highway plat at corner of Orono Lane (Hamm property). I 4 s ' If the agreements necessary to implement item #2 above cannot be finalized, then I recommend that none of Brackett Avenue be vacated because if parking lot size is reduced by elimination of that part on the railroad right of way, then this loss could be mitigated only by construction of replacement spaces in this area of Brackett Avenue. V. Staff recommendations are indicated on the attached map. Exhibit 3~21>*83A. 11 > « :f > . ■■A 1 ■mi r M 1I-m, I I . ■4- * WCLLS J. W«lOHT HAftt r. OlCftSNCA SMcrriSLO west Aumtmr anoacws , AICMAAO A. HASAC THOMAS A. MING CHAALCS r. OlCSSi ftOACAT M. 2ALM OOASON west LCO O. STCAN tAAAV J. ACAG ANOACW I. COUtTC PATAICIA A. ACITHO MICHACL a . TAITTIP SUSAN SHlFTLeP | MAAL M. HCINZCALIA AICNMONO M. McCLI Mr. Ala Orono C City of P.O. Be Crystal RE:W1 BF Dear A1 1 appre 22, 198 earning Molly's I belie garding with th and nee writing the mee ideas f William for the a part over th goes wi munity into th of an i concern my disc :^-je,‘tsm.mm Mkm ys would be: n's Bay to ff property •V ■■ /;lPlSfe)» eluding active rictions of letter. t for the parking) mi WiI*^ I xation proceedings, lounty Highway t not be finalized, ecause if parking Iroad right of n of replacement \ i ixhibit 3-21-83A.f '.h •• V 4 j- ^ . V a I WRtGHT, WEST & DIESSNER LAW orricES MAR- OOO MIOweST PLAZA BUILDING aot NieOLLCT MALL WCLLS J. WPIOHT HAPL r. OICBSNCP SHcmcLO west ALBCPT ANOPCWS.jp* PICHAPO A. HASSCL THOMAS P.KING CMAPLCS r. DICSSNCP POSCPT H. ZALA oossoN west tCO O. 8TCPN LAPPV J. SCPO ANOPCW I. COULTCP PATPICIA A. BCITHON MICHACL A. TPITTIPO SUSAN SHirrtCP cnlow KAPt K. HCINZCPt-INO PICHMONO M. Mc CLUCP.jp MINNEAPOLIS. MINNESOTA 5S40a-25GB 012*330-3600 € TELEM> 499MOE WWDLAW ‘i^OMO WAVZATA ornce 3tO MANITOBA WAYZATA. MINNESOTA 99391-1614 612*473-2919 February 24, 1983 PLCASe PCSPONO TO WATZATA Nr. Alan Olson Orono City Planner City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 RE: WILLIAM AND STANLEY GREGORY PROPOSED SUBDIVISION BRACKETT/MOLLY*S CORNER CONTROVERSY Dear Alan: I appreciated your having taken the time this past Tuesday, February 22, 1983, to meet with me, Bruce Malkerson and John Gerhardson con cerning a resolution of the controversy involving the use of the Molly's corner parking area. I believe that the concerns of my clients and their neighbors re garding the problems that have arisen over the years in connection with the use of the Molly's corner parking area are we11-documented and need not be discussed further at this point. My purpose in writing this letter is to fulfill my promise made to you during the meeting in question of responding to the staff's proposals and ideas for resolving the controversy. William and Stanley Gregory are willing to enter into an agreement for the deeding of certain parcels of land to the City of Orono as a part of an integrated plan for satisfying neighborhood concerns over the use of the shoreline and Molly's corner parking area. It goes without saying that the consent of the neighbors and the com munity must be obtained as a prerequisite for the Gregory's entering into this agreement. I must again stress that any plan must be part of an integrated plan for solving the health, safety and welfare concerns of the neighbors in the Molly's corner area. Based upon my discussions with the City staff, I would propose the following: Mr. Alan fAYZATA orrice 3CO MANITOBA MINNESOTA 59301-leiA ei2* A73-29I5 RCS^ONO TO WATZATA .............'M lay, February (lardson con- se of the jhbors re connection L-documented rpose in ii during sposals and n agreement 3f Orono as i concerns j area. It nd the com- ry's entering roust be part i welfare Based upon following: Mr. Alan Olson -2-February 24, 1983 1. William and Stanley Gregory would deed to the City of Orono that portion of Brackett Avenue encompassed within the Molly's Corner parking area, as well as that part of Government Lot 4, Section 2, Township 117, Range 23, Hennepin County, Minnesota, formerly platted as Block 18 of Orono, now vacated. Those parcels are shown on the enclosed map as the dark gray and red par cels respectively. In order to minimize the impact that the parking area would have on the Gregory property and the land of the neighbors lying to the Northwest, (Hanser's and Clapp's, etc.) the City would be required to install privacy fencing along the Gregory side of the parking area, as well as along the common boundary between the Burlington Northern Railroad right-of-way and Brackett Avenue. The entrance to the parking area must also include a lockable gate, (or other similar mechanism) and be governed by regulations which permit parking only during the daytime. Orono would assume responsibility for managing the parking area, and for keeping the area in a clean and orderly condition. 2. Willicun and Stanley Gregory would give a contract for deed to the City of Orono for that portion of Government Lot 4, Section 2, Township 117, Range 23, Hennepin County, Minnesota, formerly part of the plat of Orono, now vacated, which consists of shoreline on Brown's Bay (as more fully shown in red and black cross hatching on the enclosed map). The Gregory's would reserve to themselves, and to their heirs, successors and assigns the right to use and construct appropriate boat docks, and buoys serving their property. The contract for deed would be for one dollar, due in five years, with no prepayment rights. Orono would assume responsibility for keeping that land in a neat and orderly condition. Orono would be required to con struct and maintain a stout privacy fence separating the parcel of land in question from the land owned by Edward H. Hamm and Jean Hamm, husband and wife, lying to the North of the land in question. If Orono lived up to its obligations described in this letter, a deed for the shoreline would be granted. 3. That part of Brackett Avenue lying outside the Molly's Corner parking area would be vacated. 4. Orono would cooperate together with the Hennepin County Department of Transportation to ban parking along the westerly side of County Road 15 from east of the Molly's Corner parking area to the southerly line of Section 2. This is considered necessary so that the Gregorys will be able to see on-coming traffic as they enter County Road 15 from their driveway. F- Mr. / Alan, 1 warded has be< to res< hood. Mr* Aldn Olson -3-February 24, 1983 5. The shoreline along Brown's Bay being conveyed to the City of Orono pursuant to Paragraph 2 above could not be used as a boat launching site and must be held by the City of Orono, (i.e*, it may not be transferred to any other governmental agency without the express written permission of the Gregory's and adjoining landowners. 6. Orono would agree that the Gregory's would be entitled to maintain a multiple dock on Tanager Lake serving any lots created from their property in fut^e subdivisions of their land. The Gregory's, their heirs, successors and assigns would be en titled to maintain one boat slip on Tanager Lake for the use and benefit of each lot created from the Gregory land in the future. It is estimated that there will eventually be 3 lots created from the present Gregory property; it is conceivable that future modifications to Orono's Code of Or dinances would permit additional lots. Orono would agree to permit the granting of easements for access to Tanager Lake for the benefit of those lots carved from the Gregory land not having direct access to Tanager Lake. The Gregory's would be entitled to allocate boat slips between the Tanager Bay multiple dock, and any dock created or maintained on the land conveyed to Orono in Paragraph 2 above. The buoy rights discussed in said Paragraph 2 are to be considered in addition to said dock rights inasmuch is foreseeable that individuals may maintain small water craft on Tanager Lake which they would use for access to boat buoys on Brown's Bay. (Sail boats are unable to travel beneath the County Road 15 highway bridge over the channel leading to Tanager Lake*) 7, Orono and Hennepin County must consent to the Torrens action brought by the Gregory's. The action would be modified to conform to the new boundaries established through the proposed agreement. 8. Orono must provide the Gregory's with an opinion ^^'^^^sel representing that the proposed agreements and restrictions would be enforceable, and bindinq upon the City of Orono. Mr. / towax deper agair I woi priat LJB/i Enclc ary 24, 1983 ayed apve must t be Lthout i and be : Lake I r*a, i- :e (d om rould iccess arved to to tiple land oy much ain uld ail- oad anager he ction ies Lnion nents Lng proposal for ir proposal in an effort lis neighbor- > a long way Nr. Alan Olson LJB/sm Enclosure U.-Jv-Xj's i..-4-February 24, 1983 toward resolving the controversy. As you must realize, much will depend upon Orono's willingness to vigorously enforce existing laws against trespassing, littering, public disorderliness and the like. I would ask that you forward copies of this proposal to the appro priate parties for their consideration.^ Wm. & Stanley Gregory Bruce Malkerson Jean Mabusth John Gerhardson FROM: DATE: SUBJECT: Mo Mr. Berg ha proposed so in laeecing public. This item i the Council Gregory’s w The public ! Planning Coi vacation ap; be along th< by number: The C. to an; title Gregoi attaci and r< ^ 'I The O' It. Bur 11 right wire (stra folio’ Brack The cc especj reall) contra road 1 qualit Staff forms Road 1 The we posted Road t One oi a prol iruary 24, 1983 Lze, much will :e existing laws 5S and the like. L to the appro- WB: FROM: DATE: 1. W, R. Benson, City AdministratorAlan P. Olson, City Planner March 9, 1933 SUBJECT: Molly's Corner Status Report Mr. Berg has submitted the attached letter offering William and Stanley Gregory's proposed solution to the Molly's Corner situation. This is a positive approach in meeting the needs of the Gregory's and Duffs, the neighbors and the general public. This item is on the Council agenda for 3-14-83 as a status report only, to keep the Council informed of discussions. Mr. Berg indicated that neither he nor the Gregory's would attend this meeting although both will have received notice of it. The public hearing will continue at 3:00 P.M. Monday March 21, 1983 before the Planning Commission where they will consider recommendations regarding the road vacation application. The staff recommendation to Che Planning Commission will be along the lines of Mr. Berg's proposal. Referring to the items in his letter by number: The City should accept deeds to blk 18 (in the parking area) and to any interest Gregory's may have in Brackett Avenue to clarify title and responsibility. The City should erect fencing along Gregory's property line and the railroad track. John Gerhardson's attached memo indicates cost estimates. Gating, regulation of hours and routine maintenance would be City duties. The only issue might be parking lot size. There is ^ need to Increase it. But the City Instead of Gregory should obtain an easement from Burlington Northern to maintain that part of the parking now on railroad right of way and install the fence accordingly. Also, Gregory's have a wire fence which now runs through the woods apparently on the westerly (straight line) edge of Bracketts Avenue. The new fencing should also follow this line not the edge of the gravelled area. This part of Bracketts Avenue should not be vacated. The contract for deed idea for the shoreline areas may make sense, especially in assuring Gregory's and the neighbors that the City really will maintain the area. However, in agreeing to such a contract, the City should not give up any rights we claim to the road right of way should a disagreement arise over maintenance quality. Staff will recommend vacation of that part of Bracketts Avenue that forms a triangular indentation on the Gregory property west of County Road 15. The west side of County Road 15 is now and has for some time been posted no parking the entire way from 400 ft. east of Orono Orchard Road through this whole area and on westward from Tanaser Lake bridge. One or two additional signs might be added if enforcement should become a problem, but I don't believe it has been. . ''1*11 't HI ■ Molly's C 5.The ran 6.Tk be 7.A n bet act I have disci seem to be i Mr. Gregory used for pai of a commiti and the liti Mr. Berg fee City, even i parking are£ The City ha: In a meeting to John Gerl for parking be beneflci: Gregory for that there ^ clean-up 111 release fon Mr. Knapp fi almost ^ntli long as 3M i I believe tl clear to the ing our abi' arrangement ly Gregory's i approach ! general r, to keep he nor the lotice of it* tfora the I the road (sion will his letter I's lours Increase from railroad 5 have a esterly Ld also of :hat bounty »n lard irldge 1 become .V .V' . V g-: -mt.’.Molly's Corner Status Report Page -L 5.The City should have no problem with restrictions on launching ramps and/or conveyance to other agencies. 6.Transfer of dock and mooring rights is reasonable and should be agreed to. 7.A major purpose of this agreement is to resolve our differences between ourselves so as not to have to challenge the Torrens action. I believe we have the basis ior this agreement in hand. I have discussed these ideas and iny comments with Mr. Berg as of March 11, 1983. We seem to be in agreement on all items except perhaps the size of the parking lot. Mr. Gregory does have a limited lease over that part of the railroad right of way now used for parking. The purpose of this lease is to control and exclude parking because of a committment he has made to the neighbors to discourage trespassing along the tracks, and the litter and disturbance that the trespassers cause. Mr. Berg feels that Mr. Gregory would be flexible on relinquishing this easement to the City, even for purposes of parking, if the City does indeed install a fence between the parking area and the tracks in a manner that will actively discourage the trespassing. The City has to make and keep its committment to improve the situation. In a meeting this morning, with the railroad's local agent William Knapp he stated to John Gerhardson and I that he felt the railroad would lease the area to the City for parking as it is now, and that the addition of fencing and other controls would be beneficial to the railroad. We assured him that we would not compete with Mr. Gregory for the area but would in fact work out an agreement with him. He also stated that there would be no problem at all in allowing the City to regularly police and clean-up litter along the entire railroad right of way down to the bridge provided a release form was signed waiving liability for the person doing the cleanup. Mr. Knapp further stated that the railroad lines continued use seemed to be dependent almost entirely on the 3M plant in Hutchinson and that the line would be kept open as long as 3M needs it. I believe that the key to reaching an agreement with Mr. Gregory is to make it very clear to the neighbors that we are working together to solve their problems by clarify ing our ability to regulate, control and police the entire area, and that this type of arrangement is necessary to accomplish these goals. •r' ■■A ■2 )yA a®;.",--.- WCLtS MAUL r. otetSNCj) wes^ AUSC«?T AWOPCWS. mCHAPC A. h ASSCU Thomas :iiNG CMARLC& 0»C5SNtP POOCPt H. ZALM OOBSON >4uSr LCC o LAQR v • BCAO I. coulter r'A'^R’ClA A.eE»'''HON MlCHACt A TRI-T iRO Susan ENlc KARL K. rtriNCERLlNG R iC mMOHO H. MeCuUCR. Mr. Alan Oronc Cit City of C P. 6. Bo> Crystal I Re Mr. and Dear Alar Thank yoi the Oronc believe X tween Ore to clarii During tl the two c cussed d€ current!] old plat shoreline Although in your r the bulk record a: City of < extensive any part and whic' the Greg' Additions do not w« part of cussion their ri< parking ■ ^4':; hing uld rencc;* cns .a luvad. arch lit 1983. We e parking XoC. ad right of way now lude parking because ssing along the tracks# this easement to the .1 a fence between the ‘age the trespassing. It ion. Knapp he stated area to the City er controls would ompete with Mr. him. He also stated larly police and bridge provided a cleanup. smed to be dependent 3uld be kept open as Is to make it very r problems by clarify- and that this type of t r ■ 4 v~ ii' .T 1 u w'- WRIGHT, WEST & DIESSNER LAW orrices 600 MIOWCST plaza OUILOING aoi NICOLLET MALL WELLS J. WAIOH^ MAAL r. OiCSSNCfl SHErriLLJ WGS^ ALBC«tT ANOPCWS.Jf^* PICHAML A.HASSeC Thomas ; f% ^iiNG CHARLES F. OlCSSNES ROOCPT H. ZALA OOEISON Must LCO O S^C^N iARRv » BCAG ANLRflVV I. CCULTCP r*A*^ll'ClA A.SSITh ON michahl a tri*tiro Susan rrtSR CN lOw KARL . HtiNrSRLING RiCHMON!^ H. .v»cCuUCR, ^R. MiNHCAPOLIS. MINNESOTA SS402 ’SSee 0)2 • 330-3000 TCkCX; A90M02 WWOLAW March 14# 1983 WAYZATA orncc 3ZO MANITOBA WAV2ATA. MINMESOTA 933dl-l6l4 012 • 473 -2ShS PLCASC respond to WAY2ATA Mr. Alan Olson Oronc City Planner City of Orono P. 0. Box 66 Crystal Bay, MW 55323 Re Mr. and Mrs. William D. Gregory II—Proposed Deeding and Vacation of Portions of Brackett Avenue Dear Alan: Thank you for the copy of your March 9, 1983 memorandum to Mr. Benson, the Orono City Administrator, which I received on March * believe that there are some potential areas of misunderstanding oe* tween Orono and my clients, and it is my intention in this letter to clarify my clients* position. During the meeting at your office on February 22, 19J3 attended by the two of us and by Bruce Malkerson and John Gerhardson, we dis cussed deeding to the City of Orono that portion of Bracket^- Avenue currently being used as a parking area, as well as Block 18 of the old plat of Orono now vacated. In exchange for that deed, and the shoreline, Orono was to vacate the balance of Brackett Avenue. Although it has never been discussed with me or my clients, I in your most recent memorandum that the staff is reco^ena ig that the bulk of Brackett Avenue not be vacated. I would lik*^ > on record as stating that while my clients would agree to dcrec- -o the City of Orono that portion of Brackett Avenue that has bee-« used extensively by the public, they would not be willing to give up any part of Brackett Avenue which was not being used by the public, and which had been treated all these years by all parties as being the Gregory’s own property. Additionally, the Gregory’s neighbors have made it clear that they do not want any part of the railroad right-of-way to be used as part of the parking area. I think that that issue needs more dis cussion in order to assure the neighbors and the Gregorys that their rights will be protected, and that the intrusiveness of the parking area be kept to a bare linimum. r-Bii k,.mSUmi m > .' • IXK Mr. Alan Olson March 14r 1983 Page Two I understand that these matters will be discussed at greater lengths at the public hearing on March 21, 1983. I will be attending that meeting on behalf of my clients, and it is my understanding that the meeting will also be attended by many of the neighbors who are concerned about the arrangement in question. I would appreciate it if the City would acknowledge that serious differences do exist between my clients' proposal, and the recommendations of the staff, and agree to a continuation of these discussions at the next public hearing. LJB/djw '■A ■A ;:v'1 ;,l - u11 -. \ t| r WmKi ' 1 :i<r f w <tv’ The Ot concez "Mollj County sectic All in 8:00 F 1275 S first Adjace to the proper public includ Brown'. The piu as to I desirec what, i include 1. Vac 2. Con 3. Reg pol 4. 5. Add par etc 6. Adv of of Iter be I my nany in fledge >posal, binuation CITY OF ORONO SECOND PUBLIC HEARING "MOLLY'S CORNER" PARKING & FISHING AREA Ti» The Orono Planning Commission is conducting public hearings concerning past, present, and future use of the area known as "Molly's Corner". This is the gravelled parking area along County Road 15 (Shoreline Drive) and Brown's Bay, near the inter section with Orono Orchard Road. All interested persons are invited to attend and participate at 8:00 P. M. on Monday, March 21, 1983, in the Council Chambers at 1275 Brown Road South. This will be a continuation of the hearina first opened on February 7, 1983. ^ Adjacent landowners Willi€un Gregory and David Duff have applied to the City for a lot-line rearrangement subdivision of their they have also asked for vacation or abandonment of public interest in all, or a portion, of the Molly's Corner area including both the parking area and the shoulder of the road alonq Brown's Bay, which area is described as follows: That part of Government Lot 4, Section 2, Township 117 North, Range 23 West formerly known as "Brackett Avenue" in the 1887 plat of "Orono", except for portions thereof within the right of way of County Road No. 15. The purpose of this hearing is to receive comments from the public exist and changes that may be needed or I f; After the hearing, the City Council will be deciding include- ' action is to be taken. Some of the possible options 1. 2. 3. Vacating and closing the area to the public; or Continuing to allow the current level and types of uses; or togulating the use of the area as to hours, parking, improved policing, etc; and 4. Improving maintenance of the parking area, litter cleanup, etc; and disadvantages in the above options, and in control Jr Vi ik m. J 4^ Maps ar for re\ and wil CITY OF rings no%m as along the inter- cipate at hambers at the hearing s applied f their ndonroent of drner area 3 road along lin B the public leeded or leciding (ible options uses; or « improved leanup, etc; and traffic control, docks, trails. nd in control he Department CITY OF ORONO '-1*^ * Maps and surveys showing the areas in question are available for review in the City offices during normal business hours* and will be available at the hearing. BY ORQE^OF THE g^TJ^COUNCIL ... ^ P^OlStoh, City Planner rt tilts mm >■• ■ t 4 - c ■ .4 ■i I . \ ' Uu^ LO^ OUo C/Cs'ti^ Ciyurf -iJiyUA OJjhjUL. CB- hjL tCyo Tl,/T I <o ailable hours« DUNCIL snner • ‘■'.•T7 \ ' •■'T- 'rr-, ▼\ EDWARD H. HAMM A Mato^ ' ^'m sr. mm sr. sr. muL mmsoTA 5$m ULtmHi: iUltmmf " r(^RO^ 2-?J. i'? . OI i 4 •if- iar-p-‘■- • % 7kA> Ia X^ e^r^ce.' • 'J! 'T Iuua ^ "det^ ol.6-€a ^ !:!-;■■•• i '%UL<1^ jc^ J\je4U^ k m pa/^uc&uJL (z-o^cv^ f• V K a Mlc (^•^ywL \aAzA. Up} UmZAl, . PicCLiJU .^Jf UMJtP ^ I /^ /".'I • WU/vi. /K {^^VlA ■».mmmi-|r->mtpB»‘^->^ EDWARD H. HAMM «0f ST. NTSS ST. ST. MUl. kUNHtSOTA SSI9I mSmOMi: St2l3l9Mt4 iiir- *'. jZ i</-ecdlji C^UJl<^ CiiA,A^ U \c)<^w '^.■ ttr ^ • y>UKji luM^y </0 it C'^H^btic. -fv <UJ^ «#- u ■ I IcL. 4 I $ ■> .. OIA a J-^ 'E.cUju/^f\ AdL -^A-bP(T'T^u, i •/- -c^ umj C£ .. ; -1 ■:■■:• ■ -V ;‘'V. ff.-.;.. .■•"ii-1 ?s.xr 'L ^/.c.ft u b. £<i/7^^ ■M 'V f TXe^/cjU^'U^it t4JUk-»-^ / f( I U r. (t ( •f? 4K< ^-#/#% ■)/ Jhi»' .i V •’■ >■ JS! €6- %Cu^ fit 'y\AM, Zl( 67t4 " .... y-wt 7^ 2. i iJV: .v; ’^:t:. Pi?V a 1^1iv I ii ■/-. IF 4 r 1 i -:.■ ’ll •■■•■' i-i 1 f 'V « *M H oc<i^d t' I ■'♦' .)/ P^Vp 4tfi ,. <.', vTT^::.#ymmk . * • p EDWARD H. HAMM m sr. nnn sr. sr. PAUL mmsoTA uw TiKPHOMl: $12:224 4614 Ai(ifc^ Ix“^ 4^. X-^' *w' \ - ‘i f '» $ ■’• 9p^M' •:/ W le r ■' 1^ • . <■ r. tf f \-4‘ f, h 3^^ JL 13 ~b <!u 7^< <1 4 I Ift i E®’ /t<e. .' ■Cf> 7U i- "■:.■. 'yvuotX^l'L- dAji.- Th,CO UJe ^€ci^f 4^C4^ 6^1 At^ck ^<AJuaA C^ / ^ ^0? . Li/ C 0-y /ic- mm C^<L£L CccL^^ ^ t£oc^c y\u.CL^ "S i J V • r.! ^to*#. 67c< V ^y .r Ol^^tuhyfU <5^ . y^U 7^..'!fc ni(C^ (/-<^‘if- ? Vvxc <^ u - G?_ 1 % J 7'. r i r’i 't>c<rJ^-C^ Lc f ^ de^ ' -i <td e-o^j\^ 1TU4J-4lX^ <Ay &t (#o f- ?X<-_a / Ut-C^ ! ,. It u ~h 'dc.1 i- ’ i-€e^f 4 ^ij:-;--'. .*■;M ;•.! ’ s 1:.^ w-'’ Tiot V 4 ( I •’ t ___________ 'Pi!* m ST. KTIB ST. COWARD H. HAMM / ST. PAUL mUiSOTA SSW nitPUOHt: 612-224 4$U <r /X-f pViA^Xtc1 ^ c B• t^/ c^< Cri^e^CLhjL^'Dceyui ^''>’'''-A'djL^ G. e c>z-4-<i t4) '-^‘C-/t/C'-Vt^. (tC-^ C*t^eA— % TTuijLe^Cz. / 7>Ctit.C^ rtcj^7 4L>i^O-Q^cA<2 Jr 7^^ UHU Lol •« 14 r f/^ % yXc (M'-Cto^0 ho^ •' L 0.4-e-, ■/ ■ V: . -.. mat0^ aX- hj> y^A^yXt*^ 'k (U'^ ^ .^UJiXit.-( If^c cA^ 4f ^ / cuj,> .*m^m :■;_, ■ i.! ■: , ■ m ST. psun ST. EOWARO H. HAMM / ST. PAUL. MINNiSOT* 5Sm TlUPHONt: St2 1224 4814 ^ . fe> ^ / Ot<M^^9-^ ci AiAL^^Au. CjC^ (loL^U'yO-& rA €- K'Ji-- ' t-< c£A^!—^ TO: FROM; DATE: SUBJECT Zoning I Area - : Applical Two Parc Parc Parc The app] creates and thex Septic t because The City County, via a qu There ar that the Staff Re< To recomi Geroge R RR-IB Zo] 1. Quit Depa: desc: 2. Appl: and 1 the i 3. New < Couni share 4 • Payme 5. Applj and t nart i PROM: DATE: SUBJECT: Planning Commission Members Jeanne A. Mabusth, Zoning Administrator March 15, 1983 #734 - George Steiner - 700 Sixth Avenue North Preliminary Subdivision Zoning District - RR-IB Area - 33 acres Application - Subdivision Two Parcels: Parcel 1 - 17.5 acres Parcel 2 - 15.5 acres ** Metes & Bounds (0.2 wetlands) (5.7 wetlands) The applicant qualifies for a metes and bounds division. The subdivision creates no more than two parcels? the area of each lot is over five acres and there is an existing homestead residence. Septic testing will not be required for the newly created eastern parcel because of the proposed size. The City will ask that the right of way for CSAH 6 be deeded to Hennepin County. This is not a plat so the right of way will be transferred via a quit claim deed. There are designated wetlands within the property. The City will ask that the applicant execute our standard flowage & conservation easement. Staff Recommendation To recommend approval of the metes and hounds subdivision application of Geroge R. Steiner finding the applications satisfy all standards of the RR-IB Zoning district based on the following conditions: Quit claim deed right of way for CSAH 6 to Hennepin County Highway Department as shown on the survey dated 2-8-S3 metes and bounds description of right of way required to complete deed. Applicant to execute a conservation and flowage easement - metes and bounds description of the wetlands will be required to complete the easement. New owner of Parcel 2 must obtain an access permit from Hennepin County Highway Department even if the existing access is to be shared by Parcel 2, the new use must be reviewed. 4. Payment of park fee for newly created Parcel 2 @ $100.00. Applicants surveyor must submit a certificate of survey with metes and bounds description of both parcels and signature lines for all oarties with interest in orooertv, mavor and clerk. Wili e North - The subdivision over five acres eastern parcel ed to Hennepin transferred :y will ask :ion easement. ipplication of idards of the mty Highway id bounds It - metes 1 to complete I Hennepin LS to be 10. with metes nes for all n ^ O ^ <NJ QC H lAI _ a q: <nin CO O uj uj f-4 u z z ^ M M h- t lU Ul 9^ Z&A h-»- s: CM O 0) Oo i/> cn^ a a ^ -J<0 o CL m o o o c tt ct %h OL a cj in V) a o o 0 o o 3g Kl O CM -J 1 ^ O M iH r4 I CM pM O pH CO iH Kl O Ui Z cn kj CL C'l iu oc n lu CL o S y! O iA O LA CL H •5 Ui > •-5 X X M < •H M O >- »H < fH 3 CM Oo H < X IA CM I CO fH r-f I CM O CO <f LA LA CO rA i UI UI K CA H H < UI -J H 3 UJ (A 9 ='“5s U ^ £ >- UI «• CA a CL _ -J < X a C ft H X COrH UIft r o <c § = ft £L l«Jo r ft rr o. o ft o ft o lii < >- \ < UJa z X *t< 2 h- o o rH K> CM CO fH rH I CM 2 ^ OLU XLA LU bf fA CL CA O LA UI CL O IA Q UJ ft iQ9 U IH < COIA •i UJ > r-l N H ft O V •H 3 IA Oo IA CM I CO iH •H I M> CM b U. M 8 •H <> IA IA IA M ►- I- O So COIA U X u ft UI UJ N > oe ttUi UJ ^ ZUi Ui pH Oo ft ftUi LU 1- ftz z Ui UJ O ^ ft o S^o O ft CM Oou u <v o u u o o ft ft IA nu u •J ^ >o IA ^ ft ^ ^IASIu u •U M> IA IA IA IA CM 1 iA IA lA o LU UJ ft IAvdgai*" CM Kl CM >• 1 < pH 1 IA CM X X ft ^ X X -1 z 1 U U M c ^ 3 CM IA O lU O fw ftJU fta sss:; PH M KJ >•ft ft IA ft fi n r\j ^_ M •• UI ft O IA v\i IA IA ft 3 UI ^ CJ ^ CL IA O ^ iH O go < ft o3 = ft < iU ft Ui ft r o r n ? ^ ^ 2 ft O I- Ulft r o O < ft o O Z UI < < >- N ft < lu ft UJ ft Co r X ft 3 < z ft O I* TO:FROM: VATE: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Plani Jeam Mcuict SUBJECT: #725 Zoning VtstUc Application - bi/ the. Plannin in^onmation Ltit ofi Exhibit A 8 C V E F - 1 - I 6 C The applicant f pfiopo^ed outdoc concern and tha ^eoA. municipal The 6u/Lvei/ Aubn AecommencU that iox adequate ax ment will 6till All con&txuctio, Staijif Recommendi To xecommend apj pexmit the con&A an X 35» axzc /. The pxopoi ox xemove 2 . Ample paxk 3. The pxopo6 oi the 8-/ 4. The pxopoA ^a^ety ox < COoo Xu o H ^ * tt c oo 9 ft o ^ ft < 141ft ui c n o X <ft fs < z! ft U I-* >JNL Cf'J i TO:FROM: VATE: Pianning Com^6^nJeanne. A, Mabinth Mcvich 17, 19SS SUBJECT: #725 Bob SfUnnoK, 3420 ShoKoJUno. Vnlvz ZofUttg VUtAict - B-1 - ConcUtionat 1/4 e PzAmU 6?^“waIUnfiwe. Tabled iniomaticn ^/lo* appld^. »6 pe«(iutg /leceipt o,J addUlxmal L^t 0^ Exkib4X6 ExfUblCt ExfUbxt Exhibit Exhibit Exhibit Exhibit A B C V E F LettzA ^Aom Ome/i Buitding Elevation Applicant'^ 6ite plan tflzAt eZzvation SuAvty CoUin*6 6uAvzy OjJ axza complztzd ^oa thz City, mniUpat packing lot in nelaiion^to sTetMJM Ml conitnucUon mill be iubjeet to the iUndandi oi the uiUfoJm Building Code. Sta^^ Rzcommendation: '■ :r.:r‘r=s sc'.s‘^:srsi2“c:ss “ri! 2. Ample packing ajiea to Kean oi building in mmicipal packing tot. ^ ^ objeelloee '• iTSSe. vx-^r*’ iii ! ■: • ^723 Bob Skinn Conditional U6 Page -2-App/tOVOt 04 4U /. Canopy 4 we4t 15’ 2. Ate con4 ii •i-.: • '.V r.,,™ mU nt luc. Tabled 0^ addOUonat Jfifiovlng the tdcUtConal )od to the i Exhibit. Ment. Sta^^ tuAe to allow tback AeguiAe- 'Ing Code. SklnneA to AppAoxJjnately zatlon (cloA6 IT) tconal me peAnlt. objectiveA tbtie health, •acinlty. V>' Y-. ‘#-r •! i ri- ^ tj < J725 Bob SkinncA’3420 ShoAetine VAive Conditional UAe PeAnUt Page -2- AjppAoval 04 Aubject to the following conditionA: 1. Canopy AtAuctuAe nuAt be located 10* i^om the 15* eoAement that intcAAectA the loeAt 15* 0^ lot 23. 2. All conAtAuction will be Aubject to the AtandoAdA o^ the uni^oAm building code. • * inteAidctA th^ biuJtd^g codz. mm mM -*■ u. »]l E?1 iifi mmd Sfji Mindjs #7u exhibit City of Orono Planning Commission City Council Ladies and Gentlcr..en This letter v;ill certify, that the owner of the property known as the Kcluna Building, is ewaro of the intentions of D*Vinci*s Deli to construct an out-door patio. It is also understood that D* Vinci *s Deli will asunie all costs involved in the c .'nstruction of said patio. It is again understood that said jatic will be constructed in compliance with all applicable codes. Stan Eklunc Bob Skinner 2725 iheasant Pd. i.avarre, MM. if71-91i3 Box 112 I.evrrre ,MK. 47I-CI96 ? );r s • r ii \\ Li UCITY OFORONO f lisM ^4 • .. ~.if TO; FROM; DATE: SUBJECT; Zoning Di Area - 83 Allowed h (property Applicati a) Stree Requi Propc Varia Side Requi Exist Propc Hardcover Allov Total Garag Home Shed Walkw Proposed New q Drive Re due way i slab Exist house Shed , nVlSSirfl' 1 mmM TO; FROM: DATE : SUBJECT : • •• •» • Planning Commission Members Jeanne A. Mabusth, Zoning Administrator March 17, 1983 mm #730 - Kevin Rolf - 2700 Casco Point Road - Variance Zoning District - LR-IC Area - 8300 sq. ft. Allowed hardcover - 30% ® 2490 sq. ft. (property located within 250*-500') Application - setback variance a) Street/front yard setback Required - 30 * Proposed - 20* Variance - 10* of 33% Side setback Required - 10' Existing - 0.9* Proposed - 3 * Hardcover review Allowed - 2490 sq. ft. or 30% Total existing - 1696.2 sq. ft. Garage - 360 * Home - 9'12,2 Shed - 4* Walkway -210 1,696.2 sq. ft. Variance - 7* or 70% Proposed hardcover - 2489.^ sq New garage - 576 * Driveway - 400' Reduced walk way & concrete ft. slab - Existing house - Shed - 387 sq. ft. 982.2 144* 2,489.2 #730 - Kevir March 17, IS Page 2 LIST OF EXH Exhibit A - Exhibit B - Exhibit C - Exhibit O - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Mr. Rolf pro] property lin« The walkway i into the ste< and south si< create a har< right now at a firewall f< 3* from the ] Staff Reconui To recommend of Kevin Rol subject to t 1) Applicant front of alternati Applicant in^roveme must be r ^ ' ifyr-' S': 4 mi m P f >0 ijllilllllll.lllllijKlil^:*^v (# ' "'r #730 - Kevin Rolf March 17, 1983 Page 2 LIST OF EXHIBITS Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Application Property Owners List Plat Map Survey Existing Site Plan Proposed Site Plan South Elevation West Elevation Mr. Rolf proposes removing the existing garage located on the front property line and relocating a 24• X 24 * garage 20* from the lot line. The walkway area will be reduced. The excavation for the new garage into the steep bank will require a retaining wall along the east, north,, ana south side of the garage. The proposed concrete slab will not ® hardcover problem; although, the proposed level of use is right now at the allowed hardcover limit of 2490 sq. ft. We will require a firewall for the north wall because the proposed building is only 3* from the lot line. Staff Recommendations; To recommend approval of the street and side yard variance application Rolf to permit the construction of a detached 24* X 24* qaraqe subject to the following conditions: Applicant must direct all surface drainage along the side and/or alternation%f°the°stee^ new^construction will require extensive Applicant is placed on notice that if he proposes additional improvements on the site involving hardcover that existing hardcover must OQ removed to match the new hardcover proposed on the site. m - y ^ oc 1^0 < CM U >C I in < lu ui I ^ Ui CM CM u ttl Uf >•I in o (9 u«::23SSz r* < C ^ ^ 9 lU ^ 2 Z Ift >^ 'O < < IMO c>i lAi ly ^ 2 •n o -> 1 u 94 CM fO p #• CM £ ly o b U H «« |0 CD €4 0 0 wj aDC r o O < QC O o Z UJ < < >- NOe < Ui a lu a i: o z X 3 tt 5 < z front i lot line. 3W garage east, north, 111 not use is i will require is only ipplication C 24 * garage ie and/or txtensive .onal mg hardcover ;he site. at:'’- 2 ui /le V? i * o • *>1, ‘j HXT t> I L |5 ffi ^'i r.^ l#%1%’r ;-;n;,v ■• m Vi . *Vt ! M>4. - i irnMmmu ■ '.»» ■ •■5^)'< • .* »# m y' 3r^--.. / // •V »-I’'. ;v;=.:v;);,>«i EXHIBIT #174 iv ^'f' "’-r.'oy ^*'r ^}*ar’" Farloy f ‘,r.t T/j C'ifco i^o‘,”ht-s .*.•;’r.ft’PD ''''•;r't.;*, Minncprvt**. •$ :K- 7^’ i«r>M«h«i' T® W 'C -. / C(.'r* i ' *! f*a V: "i'* Tin'i oy: he V'rl.y ccTt.l'y thal tri^* is p. tj*v.' rnt' '■•err- »^*t r*"'rc'r ..p‘» *:’*'r. rf 'I ‘••.;?v--*y r't' t},-? ho’n'”r3'T 1/, '^''cr’- ?, ^a:''c > • I» • •» %. ^ . +v.'' Icf'rjtir-r *v‘ 'll! oxirtir," H.i li"; *.,•*'' r . 13 .ir-!'- r.ct mr 'T ••■*/ tr r.*^ c’..’ o^'-e.r : mrc’'CT<:r^5 '■•’ rnrT-''.-rh! «» ’ • . I ’ T /.:Gorr^on R. ''"'''“'r. '^-Jr ’ . '•''' r-'n "•.ir’<‘'r -iorr.on R. it. f 'v."'''*r'or 'in-.I ''l .r.r/:r Lontt IxTi'- , ?’*rnor7i;\ '«4 #7?,0 . -e.,1 f*'' ■’V I!■rl m ti’ .! f • I ! :I I t i » » i ? • 1 « t:Li—z— riance cil 8/24/81 t cannot be tes the parcels Lots 3 & 4, ssory struc- to sewer but home is con- occupied at i green house ihouse is an The neighbor 2ity should located could be placed m «1 5 4' m ¥ Fc ^ 4: k 1^ ■ ':'T.1^.Lit LM .'t•iv-;rr^i 75* from the lakeshore* the setback variance would not be necessary because the lot is 10* wider at that width. The new home must meet a 160* average lakeshore setback line. Please review the Planning Commission minutes of August 3, 1981 and Council minutes of August 24, 1981. Staff Recommendations To recommend approval of the lot area, lot width and side setback renewal variance application of Charles Hommeyer based on the followinq findings: 1 -Findings a) Residential unit has existed on property for over 50 years - SAC charge already paid. b) Most affected neighbor has submitted written approval of setback variance c) Lots 1 & 2, Block 6 (Tom Williams) approved as a buildable site in 1979. d) Applicant has approximately 12,504 sf in lot area that cannot be credited in application. Average lakeshore setback line at 160* Narrowness of lot to the rear/street of the property Approval is subject to the following conditions: 2.Conditions a) New house must be connected to sewer b) Existing structures removed prior to issuance of building permit. t ■ % ':. . . .1 .i .a. :§ r-mmC- 1233 DCPARTI A-609 < MINNEAl LIST SIZE. FEE OWNI i;.i Is I AMT\ .es i AVM HO l-JE__MAxSi \S g. LtJiLi XgS tjJ. MPA' liwO P- AIAI2 Z, tbMLX X. AhiV^ ■4] necessary must meet , 1981 and setback the following m 0 1233 ..... PROPERTY OWNERS LIST ocmrtmcnt of finance A-eOS eOVERNMENT CENTER MINNEAFOLia^ MN 5S487 MtT aitg__)SO ifUu Ov^dhJO ux;c'*vz r IMFOaMATlOa At IT APPEAtS THIf Ptcoaos OP THE NENNEPIN COUNTY ®'VI5ION, TO THE tCST OP MY RNOWLE06E AND ^ELIEP. **^***^^'** finance division DATg ^5!^ ^»Sy FEE OWNER TAX PAYER/ MAILING AODRESS S- (, T-in E-23 PROPERTY ADDRESS E t AAir\ r>PPT ■es^AVW HOA-.neVEP 4'70^- Tl4iBQ2- c \ 4«U- PAet; ;j v TrtNIO\UJA Pt^ #• Xgs LlI. MOMm iivP ^ MAlSgtZ^AVSy^VG e. UMLUAMS ±:L. X. AMPgRSOA/4US*- lSAf^S»l.C; Vi) _.>w\n-fe \nAiA/ /i-.i I t\\*t Wa vs '.*.'A' 5^ A i A A If' r.\rw / A ±ii_VVNUc / A 36 1/-..I’l. QQ-Az 9S j^3^;^JgcT PTcPSgy *• i I . t • •. . * ‘I I jmm v-=. 7-i^ I'/'I1 rv>w k -- • • wiMM- - 'v;. V ■ •‘S - ■■■■7. i 1lpp' Paqo 6 PiARLES HOMMEYEa. 477 Park Lane Variance #632 '■:4 rilOMAS AMMEWUN 3458 North Shore Variance #633 mim i; mim .3^ !' m-' idm ^ ,1- • v‘' f- 'H la I i ■~T • W-— mni 4r- iiGULAn MEETING OF THE ORONO COUNCIL, AUGUST 24, 1981 ^«sp) Alan Olson, City Planner, reviewed with the City Council the request of Charles Hommeyer, 477 Park Lane, for a variance. Mr. Hommeyer W'>s present. ^^VARIANCE 477 Park Lane #632 Charles Hommeyer Paurus moved. Mayor Van Nest seconded, to approve the variance request of Charles Hommeyer, 477 Park Lane, subject to the following conditions: House must be connected to City sewer^ Existing structures removed prior to issuance of building permit xMotion, Ayes (3) - Nays (0). Alan Olson, City Planner, reviewed with the City Council the request of Thomas Amroerman, 3458 North Shore Drive, for a variance. VARIANCE 3458 North Shore Drive #633 Thomas Ammsrman Mr. Amne.man was present. Mayor Van Nest moved, Paurus seconded, to table the variance request of Thomas Amroerman, 3458 North Shore Drive, until a more accurate survey is provided and also an accurate computation of hardcover. Motion, Ayes (3) - Nays (0). Alan Olson, City Planner, reviewed with the City Council the request of Craig Winters, 4100 Sixth • Avenue North, for a preliminary subdivision. Mr. Fred Rosenblatt, attorney for Mr. Craig Winters, was present to represent Mr. Winters SUBDIVISION 4100 Sixth Avenue North #634 Craig Winters Paurus moved. Mayor Van Nest seconded, to approve the lot line rearrangement for a preliminary sub division application of Craig Winters, John R. Peters, Robert S. Gehrman and Curtis Hagfors finding that the proposed plat meets all the requirements of a lot line rearrangement subdivision that does not involve the creation of new building sites in the RR-IA zoning district and subject to the condition that the three unbuildable lots created by this division be combined with the appropriate homestead properties. Motion, Ayes (3) - Nays (0). Alan Olson, City Planner, reviewed with the City Council the request of David Stearns, 2171 shadywood Road, for a preliminary subdivision. Paurus moved. Mayor Van Nest seconded, to approve the preliminary subdivision request of David Stearns, 2171 Shadywood Road, per the Planning Commission rcconr.ondat ions. Motion, Ayes (3) - Nays (OK SUBDIVISION 2171 Shadywood Road #638 David Stearns ■\ 1+' mm \ it 5 r;w -r r TRflDCflcommudKPn 15119 iTlinnetoik.'j f rhinnetoi'io. (Tin I 06(2)9334300 is llonme^^r 4CE 'lorth Shore Drive s Axnmerman VISION Sixth Avenue North winters VISION Shadywood Road I Stearns fast •■•• TRM>€IIUMWcommuncnnon) nc I5il9 iTliniieton^a Blvd iTlif^netonki. (71(155343 C6(2) 933 4300 A May 27, 1981 City of Orono Box 66 Crystal Bay, Minnesota 55323 RE: Variance Chuck and Ann Hoiameyer Lots 3 & 4, Block 5 Minnetonka Summit Park I have reviewed the site and house plans for the above and have no opposition to your granting the requested 4* variance. Sincerely, David F. .^Iser 498 Park Lane Long Lake, Minnesota DFM/jer 55356 V .V ^f«y*.V // 9 • ^AjJ-f- t«----- ..->.1 1 t — % !; • .# .*• -s —. i J )■ -f r:t!\ r :i '^y'i ! //1 ... -J »# f f Kl n li '-'Av-i ■' lii V. t > -A O / -m. '-.t :■< ( ats^'2-; ■' ■x\^ m iJt }.‘ 'if, J X * I Iv V /-‘.v*.- ^ ♦' , .• • • » .. #v/» k'' Va; I • . > 4 ^•. . **A •' F imi--CET. 4 H / r • •• > . ; ■••.. *'^.* \ ••*. 1 • ».* . - '•'»•* *Vt-^• « • * / vl- «i t fe , M •r% •: ■; M;; r i ‘i m ■•'T 4 r ; f •' 'F'pnnmn^^^'" I • 5 •' '• 1' i- V<" TO:Planning Commission FROM:Jeanne A. Mabusth DATE: March 16, 1983 SUBJECT: #732 James Dongoske, 875 Forest Arms Lane - Building Permit Review Zoning District - LR -IB List of Exhibits Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Building Permit Application Plat Maps Site Plan Council Minutes 3-30-78 DNR Permit , «aPlanning Commission Minutes 4-21-80 Council Minutes 4-28-80 Council Minutes 5-12-80 * , • Paqe from Multiple Listing - Carlson Application Assessor's letter 4-11-80 - Carlson Application Resolution 1144 Tn 1978 the developers of the Forest Arms plat, a plat developed in iiSni swges over a 10 year period, asked Council to release the security held bv the City to assure completion of the required improvements. The minutes of that council meeting are enclosed for your review (Exhibit D). At that meeting, the developer asked for clarification concerning the ad?iled"thaf tLy^did^o^^hiv^enough^facts ’^^o Mk^such a d^ SSl"ifs!on^SSen''lhe"^n:cLsfr^ bll^kgjo^nl Tnlor^Itlo^S^s submitted. Mr. Dongoske has applied for a building permit to <^°>^stpct a dock dock has a slip that opens to the south. Per LMCD 3.021 Subdiv. 3 requires a minimum setback of 20’ when a slip opens out to a side property line. The channel is 66 feet wide on the north edge and an 85 feet width at the opening of the channel. '.•?i I'--. m ia V- • V M: In 1980. the owner of lo^ 5, Arne Carlson (see plat mat) applied for a building permit to construct a dock on the channel that abutts his property. Council approved a permit for Carlson, (see Exhibit K) and directed the Orono staff to continue to require separate reviews for each owner of a channel lot who seeks a building permit for a dock. .Qnh(^ 4- structures Not to Obstruct. No dock, mooring, or other structure shall be s'o located aF~to obstruct a navigable channel^ or sg as to 9.|struct roaannable access to any other dock, mooring area or similar structure anf-hr>rized under this chapter. No dock, mc)oring area or similar structure_ eUai 1 K^» inr'at-ed or desianed so that it unnecessarily requires or encourages ■M . t 4 , ( under this At the chan side proper The channel Staff finds Resolution Staff would building pe following ci 1. The ] of tl Section 3.04. t from the ation in on for a t to the tandards mm > :--vrP v:': ''t» . ^ i| m •r---' r'-' ■;•• ■mmm,m...«MR crn* OF o!^o::o BUTT.DTNG } APPLICATION •*: Mtll.DlKC f F.kHIT AF}^L1 CATION KF.OPTREMFNXS R^quirer*Dnti to bt h.inJi-d In with EiHldlng Petmft Application: 1) Building Pi^riTil t Application - to b« 111 led out & 5l|i;iied 2) Mechanical Fennlt Application 6 C.ilculatlon illlecf out 3) Energy Calculatlena - filled out 4) Furntsh Septic Report g Orslgn 5) Fumlah a Certificate of Survey 6) Furnish H seta of Construction Plans: a) 1 set for City to keep on file b) 1 set for builder to use on site EXHIBIT Construction Plans should include: a) First floor plan b) Footing & founJatlon plan c) Elevations (of alt sides) d) Vail sections & cross sections a) Details * stairs and any speci.il connections THE ABOVE INFORMATION MUST BE SUBMITTED BEFORE PI-AM REVIEW JS DONE Work beyond or wlthoiit a required inspection will be subject to a penalty CITY USE ONLY nuiLDINC PERMIT NO. DATE SiTt A'lDBLSS Ao<£. IfCAi CiiC^o’tCM enos. 10 . lOT_____^2._____ c»r*c<_scimvisiotii. ZONING DISTRIC1 rial TONI VAN OATS CONO I8i OATI NNOPCStOSCTSACKtrnoNT a.sioi NEW INISTINC ACCNcr-ArsNov. date ! COUNTY B (Address) I\ai^,7.6. Kx (Phone) -;*rbr ARCHiTECT/ENGINEER — Must Certify Muiti-Fennily, Commercial & Industrial Construction Plans ERT.NO. (Phone) (Phone) Renovate COUNCIL APP DATE INSPECTION RIOUIREO WOMK MfCiUlPir^G »ooiM6ew«.Mw StrARAU PLHMIT5 _ . DHAMlhia fwtfk «• ihiAULAliO*ii PiUtft'NL*______________ __ - « ffAvitOAMO MC< WANlCAi , ............................... . ............................ . A k Ml»«0 »• <«•«■« il -fit. .. ___________________ . . _______0UP« •# tONO UM eaitaaUuf A l«l Go M|0 iNlriCttCN M il tl $G#A f • , al*f fOPINAiTf ^mAL •• a ft » <i NG 'Oib NoiiMt «fl f Af 1 C*ALB W*M -H'aP 1 1 Tba iiii(lersl/;ned hereby rakes application for a building permit for tha work des'.-ribed, agrees to do all work in strict accordance with the ordinances of iha City of Orono and rulings of lha State Building Code Division, and declares that all facts and tepresantations stated ^^•t*in ayf)ttue and curiect. l-'V::.'W- ■m, mmmm m- itl >( a. •>1- Include: Ian M) 9ections ny speci.il connections Phont) mtructton Plans *honeF ^ont) ovata or % building o ell wjfk in strict of Orono and rulings crclares that all ttua ari'J correct. Ffi t Mr. Alan Ols record the f Forest Arms dated March Sue Dongoske the Council completion o the Council Commission f items• On N Commission r listed in Mr No informati March 6, 197 Regarding Ms action, I re Building the road are cons a develo; occupanc; certifiC' permits Commissi) pertinen to the C The Plcui; complete the newl; channel, reviews • informat City has Engineer layouts has no t lot rest and has < channel i A develo; prior to Park ded delinque: '<S 1 rn*m A*. ' , ^ ' m J ^• *A vsacsi*^ -*5 y=.' -.;1^ I I ;v; r«r ■ <i •- : i^ 1 i«^.i_____^4 '|i''miw>^-^<i> •r.' (t'i f,*ta;-MM:’_.lijr^*'-:(4- • ••,^4W REGULAR JIEETING OF THE ORONO COUNCIL, MARCH 30, lofiXHlBIT r- Massengale noved, Butler seconded, to table the request of Durwell Vetter, Big Island, for a subdivision until the regular Council meeting of April 27, 1978. Motion, Ayes (3) - Nays (0)• Mr. Alan Olson, City Planner, entered into the record the following information concerning the Forest Arms Subdivision for Carol Sue Dongoske, dated March 21, 1978, which states: Sue Dongoske has requested an appearance before the Council to discuss more items concerning the completion of this plat. On November 14, 1977, the Council referred the item to the Planning Commission for recommendations concerning six items. On November 21, 1977, the Planning Commission requested additional information as listed in Mr. Muhich's letter of November 22, 1977. No information was received by the City until March 6, 1978. Regarding Ms. Dongoske*s letter and the previous action, I recommend the following: Building permits should not be issued until the road is installed and passible. If permits are considered, no permit should be issued until a developers' agreement is completed and no occupancy should be allowed until the road is certified complete by the City Engineer. No permits should be issued until the Planning Commission haip had a chance to review all pertinent information and make recommendations to the Council as directed on November 14, 1977. The Planning Commission should be directed to complete their study of the matter, including the newly defined issue of boat dockage in the channel. The applicant should be reminded that reviews cannot be completed until all necessary information is supplied. In particular, the City has no road construction plans for the Engineer to review, has no dock plans or suggested layouts for the Planning Commission to review, has no title opinion or other evidence of any lot restrictions or covenants on the property and has only poor copies of the plat and DNR channel permit from which to work. SUBDIVISION Big Island (Continued)-- ! V BDIVISION #336 Forest Arms Subdivisij Sue Dongoske 3.A developers' agreement and bond should required prior to any final approval. Park dedication fees should be paid as s)>ould all delinquent taxes. if K /I .”tj If. (Continued) ; ! ■ 1 w REGULAR MEE Conserv require invest! Planning Co: Sue Dongosk The Plannin a developer and Council prepare and proposed st The Plannin* the propose, mended no bi agreement ai approved an< The Plannin< 4 and documei riparian ri< previously c Council Meel Robert 6 Sue division cor complete a i agreement, 3 to the Plam determining lots in ques Mayor Van Nc fees and rec also to revj Mayor Van Ne the request Sue Dongoske Ayes (3) - K Massengale m Planning Com documentatio rights and d dredged chan Motion, Ayes ■ _ie ' •* . r 'aij ^DIVISION } Island 3ntinu0d>• *sr •T’; • •• . jil ^DIVISION )6 rest Arms SubdivisiK^ i Dongoske ■i' B--’ >*jrsTl^za ontinued) t 9| l^' r^Mmi i t 'f :«ms'5V ii.Mtlm . REGULAR llEETING OF THE ORONO COUNCIL, MARCH 30, 1978 Page 5 5. Conservation easenents, variances, drainage requirements and dockage rights should be investigated by the Planning Commission. UBDIVISION Forest Arms (Continued) Planning Commission - March 27, 1978 Sue Dongoske and Robert Dongoske were both present. The Planning Commission suggested the applicant draft a developers* agreement for review by City staff and Council. They also instructed the applicant prepare and submit plans and specifications on the proposed street. The Planning Commission suggested the Council review the proposal at the next meeting. They also recom mended no building permits be issued until developers* agreement and street specifications and plans be approved and accepted by City staff and Council. The Planning Commission also requested more data and documentation before determining status of riparian rights and docks for lots located on previously dredged channel. Council Meeting - March 30, 1978 Robert £ Sue Dongoske were present to discuss their division commenting that they will have their engineers complete a survey of the division, a developers* agreement, review lot rearrcuigements, and will return to the Planning Commission to present further data* determining dock status and riparian rights for the lots in question. Mayor Van Nest requested staff to review park dedication fees and recommendations on payment of these fees and also to review all other pertinent data. Mayor Van Nest moved, Massengale. seconded, to table the request of the Forest Arms Subdivision for Carol Sue Dongoske until all data is complete. Motion, Ayes (3) - Nays (0). Massengale moved, Butler seconded, to refer to the Planning Commission a request for more data and documentation before determining status of riparian rights and docks for lots located on previously dredged channel in the Forest Lake Subdivision. Motion, Ayes (3) - Mays (0). f.*’' 0 mv:-m w 4 m ^5 i fefc : • V54 X2'«I — y* r J 'k - "w.- F€B -1 Divisior^ The applic the Section.^ which is r and applie all in* aec niade a par IT IS A • * FC?. T CHAKNEIS Lea^;th (fe Bottom wid Side slope Averorje de ?.!axir.ur. de :. Page 5 DIVISION »st Aimd itinued) f • V54 ?**v. 12 «1 ^ /•'' :-v i \ %*.• *• 'I Mln*»*sot« Cor.*'.rv.itl*« Cesurtwent 3IYISICN Of WATERS ■APPLICATION PCS PERMIT PCS FEB <1 - 13S3 "• ^ ' EXHIBIT ^ BEDS OP PUBLIC WATERS fc^licable statutes. A*. <- V DIVISION or WAIERS . ; To: co:.:.ri3s:c:r:::^ o? cc::2i?.VAt:cN% ;:f <> Centennial Office Suildinj, St, Paul 1, Itinnesota ^ city of ORONO The applicant herein is the cvmer of land described aff the y-; g of the 4 of Cf«>urw1 •. . K#cf#tary (Surface W.J inrafttnt bralfiAg# 1 Section 7 #, Toivnship (Coverar.eat lot or frActicaal sectioa) 1171'^ 23’C Kennenln County, which is riparian to T?r>^r>gr T..fR^ M* nyirwennleis and applies herewith for a per?r.it to work in the bed(s) of the public waters naned above, all in*accordance with the data winch follows and the reaps and plans attached hereto and made a part hereof. IT IS PROPOSED TO: fTIExcavate. □Fill, O Construct, O Change, □Rereove, □ Abandon, 00-“’?* fspecify) _ _ ■ _ _ _ . _ ___ THE FOLLOViI?JG: O0ik«» (SJOhannel, O 0^®vetreent, i ! Obstruction, O Dare, OB*‘-d^-t nCulvert, n Pier. 1 I Scat House, QHangar, (specify) O Kartor, O VAtarf, FGR THE PURPOSE OF: O Eeach inprovereent, Ireproveaent, r*l Shore protection, P"!Safety reeasure. P7 Lake ireprqvement, O Public CrossinfT O Private crossing, 0^1®®^ control. 0-^®®ion control, r~lPower dovelopreent, OOther (specify) CONSTRUCTICK DATA SHORE l^PRCVCMEHTCHAKNEIS Length (feet) ----- . ... Distance lakewnrd (feet) ----- - 1. 20Bottom width (feet) - - - Side slopes (ratio) - - - Avera»;e depth (feet)- - - • 1 ?/aximu:-. depth of excavation (feet) Gradi-.MVwf^Tj^ “r- 5 . Dictanee along shore (feet)- - - - - . Depth of excavation (feet) - - - - _ , ^ ^^JCk & silt - - - 6,440 __ . . Gravel & sand - - . . . f Rock !r. stone- - - .Yaxireum depth of water (feet)- - - . Material to be rereeved (cubic yards) Payment is enclosed in an amount of S 125, an VLCASC READ BEFORE fILUNG OUT APFLICATION BcAch HAAdiBC - Sit l»c*! mailmun tMckDots.1. *. A'.proacli ch&9B«ls, aoi ANCAt-diag I« f»ci ia Aidth, to fcoif bonsoa, bArboro aid Riots. 3« 11 4. tnoro prottetioB works aot rsril?i»C ftllisr o« !ak* or strssn t>«dt. * • } ‘ 4fll • •«• •• • Ml « « • 4 'J wit-'* m- mm ' ■ 1 . THE 05J; • b TKS FOLLC CD Sketch □ Flat I lother The applicant herein are a application a of the correc State of Minnes County of Cn this._2j;^de _ _ _ _ _ _ J who being first application, ac that the states according to hi I- ft*.*,* . :« • Cr^tKvf W. .A-a/>,Surf«c# wjJ b County waters naned above, attached hereto and nga, □Recjove, ent, □ Harbor, r, □ TJharf, eaent, Q Shore ubiie Crossing ol, □ Power Pr*Mt«4 ?et)- - it) - - silt - & sand stone- . - 6.4A0 verl b«loK « • • • TK2 OSJI’CTIVES OF TOF T:C?:< for which a perr.it is coiisht are: __To C‘VeJt;g ^ ^hnnngl along tho .shoreline for bo/»t access ftaATTACKED! {Check applicable sections below.) □ aetch mToposraphicaap QCross Sections □ Soundings □ Letter (3pec?r.T“ SaIp Photo The applicant declares that the information subnitted 'herewith and the statements made Dated this_ 'J dny of P<, 6 , lo ^ C /polieant iTIi L Ks ^ 11 e C.fcs <■> a/ IFrlit or m* bm*! Sijgned ... {^... oau. State of Minnesota ) VLSw^ gJR BAX;<^i^rp d> APFIOAVfT County of On this_ .!*T*d day of.JJ^«Jinijj22v AeD. 19._££, before me personally appeared ■John T 4 f>Vo* who be I ^ first duly sworn and to me know.: to be the rerson who ffTAmt.Art t.ha» according toJtig best knowledge and belief. ww**^vw e ts.V \ 'V kJ h’ote.ry Public— My commission expires County -19 I i fAttach ntpx, ptanx and nthcr checked Gbc%.) • •I**,... f * •• •• ' •*<«.* g. k : • *i * i* » i••-V v;.":• j • • ;.4.. or. v/\». >;■ ^. V ?t«M I«Ve €i IS THt UAi for • PERMIT 1 lie r.^ Cl INtrsiMAt CO •ppUcatioB, lei pert hereof by i Te 0X0 at I»a':o t alio rol lo;-. “ h PHOPERTf OESCR] Lake for the purpoee « Tbie penait ie gi 1. Thie pemit i Minnceote St< ditioae end ] 2. Thie pernit i 1. The Oircetor work euthorti mit ieewed bi 4. No chenge ehi the hydreuli< 5. The persittei repreaentetii 6. Thie Perwit t eery for the for vieletiet t ConstruetioM written re^ui iibtetaed. XX. The.eeeevelM Ofi lO’.I ol XXI. IV. V. resoved ie ii In eil eeece or deoeging < improveeenie coneent of e neeeseery th' Thie permit ite officers deaege to ee or contrecto legel eleime eeetreetore. clein or rig or feilure t No meteriel eheil be pie tionr et the VI.Any eihhCftSoO end le:t ope IS. lections below.) 53 Q Letter Logs □ Air photo statements made i filing wf this ‘irna facie evidence ci A/ijj____ ' W?* ■ar»i « A.e (title) ppeared juted the foregoing )e act and deed and ire true and correct County 19___ •. j .. . * • I i* I * I. > C. t;r*v. ?-'!aru • ; ... V*. V iV. m: l^.f| V fO-ftO 4«v« ••l’4lnnosota ConsorvAtlon Ccp«rtoon(* y DIVISION OF WAT£as U P.A. NO. i‘0i*03 IN THE lUTTEH OF TOE APPLiaTION Of aulUoUsOil for • PERMIT TO aiAXGS Ti;S COURSE, aRRLNT, C.l CROSS SECTION oi *^ * * * * • •» « •-«. *•••••.- . liCTs^it^Ln Cottiuy. PERMIT a ^rsuant to Mlnnetota Statutes. Oiaptar 10?. and on the basis ox ^aiatcir.enta applscatioa, lettera* sapa, und plana aubaittfd by the applicant, and other aup para hereof by reference. PERMISSIOM IS NCftE&Y ClAMTu) to jQlyu, ii •» 1 4 auppont §•••#*» i ' r 1 1 r a II ‘ ^*o?oF%attfi y , *r •cortf•) G*ow^<* W Pwbf.* X..fac# W. ! tiUrarv 0*alfUie I laieacUea and in^graa^aon contct'ine nrr inn iUta, al —i ^/r.:/*SY Iniitined in the permit) ______j y- ■■ ^ ii« II whes« A^drc** f'lr *.)«• purpose of notices and ochor eomunicstiens psrtsining to this porait is tir JCnd^l-g _!lr-« which address is subject to chunge by written notice from the peraittee. oxcavato and ronovc silt Xit oarthen catorial fros the bod of rarest La*:o to olovitlor; ?2?.0 S.L.D. in construction of a channol alor.j tho sliorelino of said lako and cn apnlioants pi"©party to bo 1300 foct lo;;~ havinj a 20 foot boL;ton \;it?i 3:1 sldu elopoa on and abutting PROPERTY DESCRIBED ss: ;r;v g-' Section 7. 'f. 117 A. 23 . Torost Lako^ for the purpose of iuprovlnj navigational faciliiios. This perait is granted subject to the following GENERAL end SPECIAL PROVISIONS: 1. Honnopln Goum 2. i. 4. 5. 6. general provisions This pemit ia pert^iasiee only and shall not releade the permittee from any liability or obligation ir.poaed by Minnesota Statutes. Fedtral Layr or local oriiiisSiTccs relating thereto and snail reaain in force subject to all con* ditiona and liaitaciona nov or hereafter imposed by lae. This pernit ia not aaa&^ablt except with t»ie written consent of the Conmiaaioner of Conservation. The Director of the Division of Waters shall be notified at least five days in advance of the comoiencenent of the work authorised hereunder and shall be notified of its completion within five days thereafter. Ihe notice of per* m&t issued by the Conniaaiontr shall ba kept securely posted in a cetiapi«:uoua place at tha aits of operations. No change shall be made, without written perniasion previously obtained froia the Commissioner of Conservstiont in the hydraulic dimensions, capacity or location of any items of work authorised hereunder. The permittee shell grant access to the site at ail reasonable times during and after construction to authorised representatives of the Coevniaaiontr of Conservation for inspection of the work authorised hereunder. Hiia Permit may ba terminated by tha Comnioaioner of Conservation, without notice, at anv time he deems it necea* aary for the conservation of the water rcaourccs of the state, or m the interest of public health and welfare, or for violation of anv of the proviaions of this Permit, unless otherwise provided in the Special Proviaiona. SPECIAL PROVISIONS H*a PtraiUt.. staling the rca.on therefore, an extenaien of tino aay a. HI. Cwnstruetioa work .uthori.ed under thi. pernit .hall );e completed on or heforo written requeat to the Cooniaaioner by the •bteined. .The exei Ofi lOVI u '! u V :)- 10 u Upon be The. excavation yot'^aoil^nuyioris^d l^re^tn shall not be construed to include tho renoval or organic nattar unless the area from which such organic natter ia IV. V. rcKOved ia impervious or is aesled by the application of be.*itoRite after excavation. In all cases where the doing by the permittee of anything authorised by this permit shall i»volve the taking, using, •r damaging of any property, rights or interc',ts of any other person or pers^.is. or of any uublicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall ootain the written consent of ell peraons, agencies, or authorities concerned, and snail acquire all property, rights and interests necessary therefor. Dtia permit is permiaaive only. No liability shall be irnosed upon or incurred by the State of Minnesota or any of it. officers, agents or ertpluyees, officially nr penoually, on account of the granting hereof or on acronnt of any damage to any person or property resulting from anv «ct or omission of the permittee or any of its agents, emplo>ees, or contractors relating to any matter hereunder, this permit shall not be construed as eatoppmi. ar i.miting any legal elaima or right of action of any person ether than the state against the permittee, its actnt.s. employees, or eeatractora. for any damage or injury resulting from any such act or omission, or .a eetoppint or limiting any logal clain or right of action of the state against the p'Tsiittee its Ai.*er.ta. eoployrea, or contractors for violation of or failure to comply with tha provisions cf tlie pcr:.ut or spplir.able pru«icieas of law. fie material excavated by authority of thi-a pemt nor sutcri.l fro.r. .ny ocher source, except specified herein, shall Lc placed on any portion of the bed cf said «atcr» which I.os helow • •• O'**! It shall he the duty af ti.c le.'iPttTe. lo determine rnrr.cily all pertiavnt eleva of t.Ms pr,-t..*i VJ. tieni at the site of the work for the purpose of crrplvtr>* aith i.ie conditions Any rascnsion of tno aurface of ssio u«-..ts t.r.i; frwm worn authorised by tnis permit .tali bccwre public waters and lett open and unouatrucieo lor us. u> the pa.lie. i'»y \V/-5- s^^clu paovisio»s XXVII. ncccipt is ol j*2C*vG psyoest lor /*aa cubic yards el seed, grevd . ««iV*e yards of euek and silt, the estimated aoeuat of malarial lo be removed bera* tni ailt^**^*** ^*** ** *** eaata par cubie yard for aaad and gravel and too canta per cubic yard for muck APfUOVCD ' VAVii^Nn. CLso:; €>Mi9«A«A«r 9t i», DATED AT ST. PAUL. MINNESOTA, INIS oay oP CoMA*®4#Vir v".; ^ Ui s< t ... ml :■ ird* oi »»ad. gr«v«> lo b« r«ao««4 liera* cubic ycr4 f«r Mch f io pcy. by crrtcficd »r. DiviaiM of ■•torid r«M«td •fttr CMi^lttimi «f s—or _ _ _ _ _ _ _ _ _ _ _ -■-ii John Oullickoon 11:20 UrbsndQlo Lone Vaysata, Minn* Dear Oir: from , Movcnbey v-m u MiHfiESOTA CMSERVATIOM DEPARTMENT DIVISION OF WATERS Juno Xf 1^66 I Oeowlw /.>I ^ • , Se€f#tjff ^ w SwrUce W ; ♦ •r^ , J* ............................ _E'F* Re: P. A. 66-C2i SL£FHF:S-r^ '9^ ' *® hereby chan^'ed in permit are r.o re-.aln Dated at St. Paul this 1st d y of jM„e cid.ney Frellspj?*, Director o.-n.iU38i^er of Conservation Dc^jty Commissioner CC -’/arden Jerry Katlson 2134 Fcm La* llOMnd, Minn* . V ■; .-• ■ * 19 66 MINUTES OF A McDonald fel' Police Depari bikes. Jabb( be operating Hannah moved to the Park < appropriate 1 fenced, rnain^ or if it shoi Motion secon< Motion passe< In discussio] Police depan vehicles usii Commission w< notify the P< Applicant wa: but all requ: McDonald mov< accordance w: by Hannah. ^ unanimously. Mr. Albers w< problems witl Hannah move< use permit/^ of adjacent the barn bej Motion secoi Motion passf Mr. and Mrs. property on 1 Lot 1 which i It was detexn to final plat drawings. Lc questioned tl that this I0I open space ec as a means oi ;z£ -. i.-----— - •« w ^**'^^**^* • ft 4 f_\ y pNitiUft U'nEHt- ii'f ¥ of work 6a i», 1C /- .'- the ourrent. fh!ini’ed 1^62... 0 re%ain 19 66 irector L#$B ■:r 'Vr -I' -i.-M ft h • I exhibit £ MINUTES OP A PLANNIiTG COMMISSION MEETING HELD ON APRIL 21, 1980 - PAGE 2 ■ McDonald felt the r Police Department i bikes. Jabbour sta be operating these sidents should complain to the there is a problem with motorized ed it was illegal for the kids to ikes on City property. Hannah moved to table the vacation request to refer it to the Park Commission for a recommendation on the most appropriate use of zhis area - whether it should be fenced, maintained and posted for no motorized vehicles, or if it should be vacated and maintained by Mr. Ryan. Motion seconded by '»<ilson. Vote: Ayes (6), Nays (0). Motion passed unanimously. In discussion, Jabbour felt staff should contact the Police department regarding the problem of the motorized vehicles using this area, however, consensus of the Commission was that it should be up to the neighbors to notify the Police Department. Applicant was not present. The Plat has not been changed, but all requirements are finally completed. McDonald moved to recommend approval of the plat in accordance with the staff resolution. Motion seconded by Hannah. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. Albers was present. Planning Commission had no problems with the request. Hannah moved to recommend approval of the conditional use permit/variance as it is consistent with the use of adjacent property and the variance is minimal with the barn being located in the center of the lot. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0) . Motion passed unanimously. Mr. and Mrs. Carlson were present. Mabusth stated the property on the west side of the channel belonged to Lot 1 which is owned by Mathias and Raymond Fischer. It was determined that the channel was dredged prior to final plat approval as it is shown on the final plat drawings. Lot 7 has only 31' of shoreline. Wilson questioned the possibility of alerting possible buyers that this lot is not riparian. Jabbour suggested an open space easement should be required over the channel as a means of controlling restricted area. FRED RYAN 1345 No. Arm Dr VACATION Public Hearing (#544) Cont. m i-f nj' FRANK ROUTSON 280 Leaf Street SUBDIVISION (#405) .V- JOHN ALBERS 1111 Tamarack Dr. COND. USE PERMIT (#547) t: ■■■tR C. ARNOLD CARLSON 855 Forest Arms Lane BLDG. PLAN REVIEW (#549)V.'.-- "A - .jbr- i ' .''‘1 # MINUTES OF A P Wilson moved t Lot 5 as a rip enter into a r resolution for to lakeshore a the condition be moored at t In discussion the boats shou McDonald felt Vote: Ayes (6 Wilson also mo be taken throu Block 2, that a riparian lot There was disc the final plat recognized as that this lot Ordinances in were originall with the other what you defin after the requ The Planning C Lot 7, Mathias this issue is Mays (0). Mot Wilson vacated his firm. Thi meeting and wa Hannah moved t land trade bet Commission con on the applica use of the ent decision canno what portions Motion seconde Motion passed t 1980 - PAGE 2 FRED RYAN 1345 No. Arm Dr. VACATION Public Hearing (#544) Cont. m FRANK ROUTSON 280 Leaf Street SUBDIVISION (#405) JOHN ALBERS 1111 Tamarac)c Dr. COND. USE PERMIT (#547) m y C. ARNOLD CARLSON 855 Forest Arms Lane BLDG. PLAN REVIEW (#549) MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 21, 1980 - PAGE 3 Wilson moved to recommend that the Village recognize Lot 5 as a riparian lot on the condition the Carlsons enter into a restrictive agreement with Orono in resolution form specifying that any dock be parallel to lakeshore and not encroach into channel 10* with the condition that no more than two boats (any length) be moored at the dock. Motion seconded by Frahm. ARNOLD CARLSON 855 Forest Arms Lane BLDG. PLAN REVIEW (#549) Cont. In discussion it was questioned whether the size of the boats should be addressed. Jabbour, Hannah and McDonald felt it was too restrictive. Vote: Ayes (6), Nays (0). Motion passed unanimously ma Wilson also moved to recommend to Council that steps be taken through notification of record against Lot 7, Block 2, that the City of Orono does not consider this a riparian lot. Motion seconded by Jabbour. There was discussion as to whether this conflicts with the final plat approval - had it previously been recognized as riparian? After discussion, it was agreed that this lot could in no way comply with the LMCD Ordinances in constructing a dock. Hannah and McDonald were originally opposed to the motion, but now agreed with the other members that according to the ordinance what you definitively end up with is a 1* dock space after the required 15* side setback is met on each side. The Planning Commission requested that the oximers of Lot 7, Mathias and Raymond Fischer be notified that this issue is before the Council. Vote: Ayes (6), Nays (0). Motion passed unanimously. V-’ ■. •• .‘V, Wilson vacated his seat as Mr. Johnston is a client of his firm. This item had been discussed at the previous meeting and was being returned for a formal recommendation. Hannah moved to recommend solidification of the proposed land trade between the City and H.R. Johnston. Planning Commission conceptually approves of the land trade based on the applicant*s proposed subdivision making efficient use of the entire land peninsula but noting that a final decision cannot be made until the M.W.C.C. determines what portions of the sewer facility are to be retained. Motion seconded by Frahm. Vote: Ayes (6), Nays (0). Motion passed unanimously. H. R. JOHNSTON 925 Willow Dr. So LAND TRADE (#550) ¥ it'’ REGULAR ME 3. Surrot simile aware Planning C The Planni permit anc recommendc Council M( Paurus moi condition! ' John D. A! Planning ( of approvi Motion, A: Jeanne Mai into the : 855 Fores dated Apr. Mr. Carlsi riparian . Block 2, ; construct 26* X 10* property ’ ten years approval. In review Commissio issue for been deci Commissio Council m resolved be mainly drainage park fees Council M Mr. 6 Mrs Butler me to draft permit fc stating t and does the chanr Motion, P 1980 - PAGE 3 ARNOLD CARLSON 855 Forest Arms Lane BLDG. PLAN REVIEW (#549) Cont. m H. R. JOHNSTON 925 Willow Dr. So LAND TRADE (#550) .1 ■; • '•J ■'Vt' REGULAR MEETING OF THE ORONO COUNCIL, APRIL 2 8 ts.Page 7 3. Surrounding neighborhood is involved in similar use and to this writing, staff is not aware of any objections from the neighbors. Planning Ccmalssion Meeting - April 21, 1980 The Planning Commission approved conditional use permit and variance application per the above recommendations • Council Meeting - April 28, 1980 Paurus moved, Butler seconded, to approve the conditional use permit and variance request of John D. Albers, 1111 Tamarack Drive, per the Planning Commission recommendations and a letter of approval from his neighbor to the south. Motion, Ayes (4) - Nays (0). Jeanne Mabusth, Zoning Administrator, entered into the record the request of C. Arnold Carlson, 855 Forest Arms Lane, for a building permit, dated April 16, 1980, which states: Mr. Carlson seeks clarification of the issue of riparian rights for his new residence on Lot 5, Block 2, Forest Arms plat. He proposes to construct a 30* X 4* parallel dock to store his 26* X 10* boat. The channel that abuts his property was illegally dredged approximately ten years ago at the time of original plat approval. In reviewing the files and previous Planning Commission and Council minutes, the riparian issue for lots abutting the channel have never been decided. Please review the Planning Commission minutes of March 27, 1978 and Council minutes of March 30, 1978. The issues resolved during these discussions appeared to be mainly concerned with road construction, drainage questions, a developer's agreement and park fees. Council Meeting - April 28, 1980 Mr. 6 Mrs Arnold Carlson were present Butler moved, Hurr seconded, to request staff to draft a resolution approving the building permit for Arnold Carlson, 855 Forest Arms Lane, stating that the channel is not a legal channel and does not include any legal right to maintain the channeli Carlson to sign off on resolution. Motion, Ayes (4) - Nays (0) . CONDITIONAL USE PERMIT 1111 Tamarack Drive (Continued) I I building PERMIT 855 Forest Arms Lane #549 Arnold Carlson V > 0 1 !V • s . ;;1 .-C-J -• »■= '.V ^ 4 7' ^4 REGULAR MEI Final addil June 2, 19( scheduled i be at the # 1980 deadlj adhered to. Hurr moved, of May 19, Comprehensj Commission. Jeanne Mabi; the City Cc Avenue Nort to bring th stage. Sta Subdivisior and conditi Council Mee Hurr moved, #1143, A Re for Kern He Ayes (4) - Jeanne Mabu into the re for C. Arne Lot 5, Bloc 1980, which Mr. Carlson original DN the dredgin of that per the meeting review and Council Nee Mr. & Mrs. documents t by permissi in 1966. Hurr moved, #1144, A Re Application A Dock On I Motion, Aye rag 3ITI0NAL USE PERMIT I Tamarack Drive ntinued) LDING PERMIT Forest Arms Lane old Carison REGULAR MEETING OF THE ORONO COUNCIL, MAY 12 Page 8 Pinal additions and corrections will be made after June 2, 1980 with final packaging and distribution scheduled for about June 15, 1980. The Plan will be at the Metropolitan Council before the July 1, 1980 deadline provided the above schedule is adhered to. • Hurr moved, Butler seconded, to approve the date of May 19, 1980 for the public hearing for the Comprehensive Plan review before the Planning Commission. Motion, Ayes (4) - Nays (0). Jeanne Mabusth, Zoning Administrator, informed the City Council that Mr. Kern Hoppe, 950 Sixth Avenue North,has completed the necessary steps to bring the subdivision to the final approval stage. Staff recommends approval of the Hoppe Subdivision, Wyndmere, subject to the findings and conditions cited in the enclosed resolution. Council Meeting - May 12, 1980 Hurr moved, Butler seconded, to adopt Resolution #1143, A Resolution Approving The Plat Of Wyndmere, for Kern Hoppe, 950 Sixth Avenue North. Motion, Ayes (4) - Nays (0). COMPREHENSIVE PLAN* (Continued) SUBDIVISION* 950 Sixth Avenue North #464 Kern Hoppe Jeanne Mabusth, Zoning Administrator, entered into the record the building permit application for C. Arnold Carlson to construct a dock on Lot 5, Block 2, Forest Arms Plat, dated May 6, 1980, which states: Mr. Carlson has submitted for staff review the original DNR permit dated April, 1966, permitting the dredging of the Forest Arms channel. A copy of that permit will be available for your review at the meeting. Staff submits a resolution for your review and approval. Council Meeting - May 12, 1980 Mr. & Mrs. Carlson were present and submitted documents that their lagoon was originally dredged by permission of the Department of Natural Resources in 1966. Hurr moved, Butler seconded, to adopt Resolution #1144, A Resolution Approving A Building Permit Application For C. Arnold Carlson To Construct A Dock On Lot 5, Block 2, Forest Arms Plat. Motion, Ayes (3) - Nays (0) . RESOLUTION #1143* Wyndmere 950 Sixth Avenue N. #464 i/ BUILDING PERMIT 855 Forest Arms Lane #549 C. Arnold Carlson RESOLUTION #1144 C. Arnold Carlson Ji Page 8PREHENSIVE PLAN* itinued) DIVISION* Sixth Avenue North 4 n Hoppe OLUTION #1143* dmere Sixth Avenue N. 4 LDING PERMIT Forest Arms Lane 9 Arnold Carlson SOLUTION #1144 Arnold Carlson f.. V.i * '••* **^ •‘ •• : ■; • ; %• • t • . .•% i [ * . * ** * 1 A i •. i %■ i• 1 • h * ••* .t 4 r # • ■ ■ ■ • . ■ , » t • . it* . •« • ;• Vi •**;* •, N 'a • *■ d ♦ •1 •• a* ' a-*• . •a • . * • •- •>; a # k .4 (V • <r*., ■ • d • , ' a • ‘ • L 4* M •* , t * 9 e if7t G IM LUter ADDRESl TCMfL OSIAnil MINNUPOUS AMEA BOAIO OP liAlTDRS MULTIPU USTINO SERVICI VACAKT LAND DItT N0._JWL_JUBA DIST. MAP _______________________COOR________________Mirp S2S.000*^8.QM Forest Ar«s BI jOCX 1 LOf 1 - $25»000 2 « 23,000 AfMP 25•000 25,000 25,000 ■LOCK 2 LOT 1 - VbI.OOO 2 * 58.000 5 • It.m T- 58.000 •... 4 - 50.000 ' 5 • 0010 48.000 ■OLD Z t. USTINO iwnitFK rox-HERFCTTM KgAt ESTATE. .IWC.______PumtP. 47S-4MS SALESMAN.Sue OonRoske JIOME rHONE_i22=lttl OWNERS NAME__iH.li****',. MUNIOEAUTV LOCATED IN___fiUM. S*ln Hel, Md Dir<cthiW-..PP “atTJIej^l4t_tsrgtt-to« l^tVtW Calf. Lots frcmt oe Forest Ams Lane. ^vieiit of Iske and golf course. AIL LOTS IN BLOCK 2 ARE LAKPSHQRg Stfcci Smteisi.----------Curb Gttler -----------• UtN Oocfiplioo__lOT 1-S^IL0CK_1, „ &_ LOTS l-«. S t 7. BLOCK i TBRIIT AM^ .■ ••* V. Lot Sin Kneifli ___ Topew«P»V- (Eech lot ecr»s) except Lot 5 , Wock_l ___________________________ _Wooded - rollfng - hlllggj Sdnolt; Etem _J?A»tyg _____U. N>,I l Cran4vle«_Sr. WI|hi««t?SafcS ____EwitM.ftff 1*tt Of ■»!> !>>■ * - ' •Smr h Street ___JC m____Wata* In Street.— <ta____^Get In -------------------------1“ > TMCi and Sp«Mt D m in 19 7J t St, U,t,g__( X) NHS ipKlab Included i, T«M I ) Tet f )N, Total Unpaid Speciah Ji?***L. _ a Bieib Deers _______ Jill. Rsta — > il/A-----Mosthly Faymssfe. Mrld By______ runt 10>*5>t3 u. \)Vp.o Apr: Mrs. Zonf Citi Deal havj Lake to i a Ic April 11, 1980 Mrs. Jeanne A. Mabusth Zoning Administrator City of Orono Dear Jeanne: West Hennepin Assessment DistrictP.O. BOX 66 / CRYSTAL BAY. MINN. 55323 / OFFICES IN ORONO CITY HALL • PHONE 473-8159 CITIES OF ORONO, SPRING PARK. MINNETONKA BEACH and MINNETRISTA Re:07-117-23 12 0013 Forest Arms Addition, Lot 3, Block 2 The property along the channel has been valued as having the right to use the channel for access to Forest Lake. If the channel had not existed or not being able to use the channel, the lots would have been valued at a lower amount. Sincerely, Glenn W. Hawkyard Assessor 'i WH a request by his property WH the City of NC Conunission a following fi mmi 4tmk t £ s est le t IS ' ' mr'^\ ■ j1 ^•i. EXHIBITCity of OROIVO CITY ♦* .OF ORONP RESOLUTION OF THE CITY COUNCIL NO.1144 A RESOLUTION APPROVING A BUILDING PERMIT APPLICATION FOR C. ARNOLD CARLSON TO CONSTRUCT A DOCK ON LOT 5, BLOCK 2, FOREST ARi'IS PLAT WHEREASr the Planning Commission and Council have reviewed a request by C. Arnold Carlson to construct a dock on that portion of his property abutting Forest Arms channel; and WHEREAS, C. Arnold Carlson must obtain a building permit from the City of Orono to construct said dock. NOW, THEREFORE, BE IT RESOLVED, that based upon Planning Commission and City Staff research, the City Council hereby made the following findings of fact: 1, That on February 3, 1966, John Gullickson did make application to the DNR for a permit to "dredge a channel along the shoreline for boat access". 2. That on April 26, 1966, the DNR issued a permit to John Gullickson to "excavate and remove silt and earthen material from the bed of Forest Lake to elevation 925.0 S.L.O. in construction of a channel along the shoreline of said lake and on applicant’s property to be 1,300 feet long having a 20 foot bottom with 3:1 slopes on and abutting. . . for the purpose of improving navigational facilities". 3. Lot 5, Block 2, Forest Arms Subdivision, has approximately 140' of shoreline abutting the Forest Arms channel. 4. At the time of this review. Forest Arms channel is navigable'and riparian to Lake Minnetonka. 5. The granting of the application will allow the property owner the immediate use of the available channel but does not in and of itself constitute the granting of a vested right to redredge this channel. 6. The issuance of such limited dock construction will not in any way impair the public health, safety, comfort, morals or general welfare. PAGE 1 OF 2 mmtismm n ■r I I i4 CITYI I I I OF ^RONO 7. CO or FU fi to CO 1. St Cc bl 2. of 3. cc Or r€ r^ II Orono on th< JIT ii IT e reviewed portion of g permit from Planning y made the d make channel mit to I earthen »n 925.0 lore line .,300 feet and national 5 approximately lel. mel is Lhe property L but does not isted right to Lon will not nfort, morals ,4. I 'i-n I% t i 'I 1 *1 •* y ; !i ■ -I I 'v City of ORONO L-CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1144_ _ _ _ _ 7. The issuance of such a building permit will not be contrary to the intent of the Comprehensive Land Use Plan or the Zoning Code. FURTHERMORE, BE IT RESOLVED, that based upon the foregoing conditions: 1. The newly constructed dock must meet all of the applicable standards set forth in Chapter III of the Lake Minnetonka Conservation District Code of Ordinance concerning non- blockage of channel navigation. 2. All construction shall be subject to the requirements of the State Building Code. 3 The applicant shall apply for a building permit and shall construct a dock in accordance with the permit conditions. once erected, additional permits for ®22d*ihf°dLriraiwa?s renlacement will not be required provided the dock is aiway repilcerin the same location and configuration as approved in the original permit. This Resolution was passed by the City Council of the City of Orono on the i2t.K day of - -May- - - - - - - -' William B. Van Nest, Mayor Walter R. BensonTCity Administrator PAGE OF r: I ' % y I % % Ih> 1 ■rappp*?”''''. ■ '• *• * : . '* * ■ ■ ■■■.. * *.:1 1 -'i- TO: FROM: DATE: SUBJECT: Zoning Dit Area - 6,: Applicatic Side s Requiz ExistJ Propos Rear s Requir Exist! 1973 appli PropoS' 1983 appli' List of Ex] Exhibit A • Exhibit B * Exhibit C * Exhibit D < Exhibit E ■ Exhibit F - Exhibit G - Exhibit H • Lofrano's c current apf principal s the hardco\^ existing) a Total area Hardcover a not be i use Plan e foregoing application following the applicable Minnetonka ing non- quirements mit and shall ronditions. : removal and )ck is always as approved of the City of ;'W TO: FROM: DATE: SUBJECT: Planning Commission Members Jeanne A. Mabusth^. Zoning Administrator March 17, 1983 #733 - Joseph Lofrano - 3365 Crystal Bay Road Renewal Variance Zoning District - LR-IC Area - 6,700 sq. ft. Application - Setback variances 1973 Council originally approved March 26, Side setback Required - 10 * Existing - 4' Proposed - 4*+ (side setback would improve/increase with south extension of addition) Rear setback Required - 30 * Existing - 29.6' 1973 application Proposed - 0.5' or six inches 1983 application - 6' List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Site Plan Exhibit F - Survey of rear setbacks ^ ” Planning Commission Minutes - September 18. Exhibit H - Council Minutes - March 26, 1973 Lofrano*s original application was for a larger garage addition The extension or addition,^!4« X 2^' io Ihl structure, in the 1973 review, the City did not consider 1972 Total area - 6,700 sq. ft. Hardcover allowed - 1,675 sq. ft.(25%) (Please note, this review did not include the hardcover for the City road) ap.-vV..■u’W;' •] r '*1* •'i r.:"‘ . ■ [S;. r:: m■i' * -1 #733 - J March 17 Page 2 Existing Proposed Total Variance I have r of Septei but the ] allowance carport < advised 1 unless tl There are where the away from Staff Been To recomm applicatii 1)Currej applic 2)The si surroL 3)The re consis 4.The pr f?his appro Applic. the si‘ to mat( 2) Applies lines. Road - d March 26, h south on. The * to the nsider •sed and view did not for the #733 - Joseph Lofrano March 17, 1983 Page 2 1244 sq. 576 sq. 1820 sq. ft ft. ft.Total Variance 145 sq. ft. or 8% Commission in the minutes but the property with' throLoosld allowance »na wLt of a futurrilqueft *‘“^‘=°ver unless there “ ^«a^l ™erl ?hl addS1sMo“:if “ M^roS? dr°'?^ away from neighboring sidferoperty U°|f. ‘’® <Jirected Staff Recommendatioin Si*S5„rsxsf"“ application approved^in°1973.than the variance 4. The property abutts the railroad property at the rear. This approval is based on the following conditions: the site*^involve°hardcover^'^that^exift^*^‘^^h^°3“^ i«?>rovements on to match the new hardcover'prop^sl"fo^"lhe^si?r®' removed lines?*"^ direct all roof drainage away from the side property = ;V, ■.,. •.. •• i : •.:/ V.-:; •-..•r-v mmi the minutes s review 3 hardcover garage. The It should be of a garage ir. f property directed variance gs: an the variance stent with the ■roperties are ■inents on ' be removed de property r r r 1 Mr - : 'I f > • . * I ♦ • » • »•' • *4 .« ♦• '» .^ ■ \ \ EXHIBIT r • » • " ■ i'iS U CO V(r> -t. \ \ It.' EXHLiT a4 I 3H _____________________■ - ■ > ^—\t{ 'vlCis'V ^ ■<?Mr(>»>?h . ^*st* Rov-cV^ 1 lo --------1^ ^ --------------3---------------------------31- ^l>' u :y <rc:: v4 'to ^ Pf \J ► s 8/>- IT i R.Lcf^WAu 0 vii ^ (Ti; itM.sc-11 f wm ^v: '.>-v^^ • ff *■ lft«^ Q.Ld^AMO iSGi^«\^^4 i^iA'if,n';a*M.w.'}f ■>. V ;■ ;: ; (TIT $CO ^9 t • g Cr* < r rsrc\ 4: a o o .‘f, OUli t^vfl 5" <r* Ia s <[C fte-' j iiaiHxa i*: I/'J f^ I 0 5 < Joseph Lo£raa< ^ application £< .4* XUStoad of setback of 10 Members studi< as submitted, that the alte' concluding thi 1. There was 2• Tne area in-so-far-as 3. Other var the area for 4. The neigh 5• There is the rear. Searles moved approval be r Nays (0). V/, Rex Rcssler a rega’rding his setback varia meeting had a present and p Rcssler state prohibited hi Ho presented resent and p iiimself. He inherent dang property lino was of the op matter betwee and should no Van Nest move should bo roc 1. Not less 2. Not less* V line. 3, Not less • t ~ % »•' 0 • •• *EXHIBIT. Joseph Lofraao rcprosciitoJ hiw:;cii xn mi ^ application for a garaRO side sotoac.; ox r .4*^ instead o£ the required 10* ano. rear setback of XO* instead of the required 30». Members studied alternatives to the application as submitted* After satisfying themselves that the alternatives had drawbacks and concluding that : 1, There was a need ’for a garage. 2, The area is built up and is unique in-so-far-as lot size and widtn. 3, Other variances have been granted in the area for the same reasons. 4, The neighbor has no objections. 5, There is a 50* railroad easement to the rear. Searles moved, Kullberg seconded, that approval be recommended. Motion, Ayes (6) Nays (0), Rex Kessler appeared to answer questions regarding his application for a garage setback variance. Members in a prior meeting had asked for a survey showing present and proposed structures. Mr. Rcssler stated the cost of a survey prohibited him from using such a procedure, ho presented a more detailed sketch of present and proposed structures made by himself. He v/as again cautioned on the inherent danger of constructing close to property linos without a survey. Nicholls was of the opinion that tnis was a legal matter between he and the adjacent neighbor and should not influence a decision. Van Nest moved, Searles seconded, approval should be recommended conditioned o«;: 1, Not less than 4* from the side lot line. 2. Not less’than 4* from the road casement V line. 3, Not less than 10* from the residence. .lotion. Ayes (6) • Nays (0). VARIANCE3365 Crystal bay VARIANCE (Continued) VARIANCE 3683 North Shore Drive ■um ■ - X ■■■ ■' - :<!V, ,.rm . . iPf' k 1! preliminary variance ofPoint Road, being submit moiitns of toi Council feel: to two asses; to tne prope: tae land and property. lU Massengale me the division combining Pai south, Motic Butler moved tile variance Bay Road, wii Land Survey 1 six months o^ minimum exisi property lim setback be nu to restipulat Commission ii Motion, Ayes Massengale mo' the division j Howell for ho: Avenue. Moti< Ronald Potas be taken off and bo put o:i Tne Council c Butler moved, variance for was recognize only property side of it an property v/oul to the south. Tiic propose! for t.ie sigi was referre< wmim; W Cvyst^l Ii.*7 iiCiiv- Ai\'C2 tinudd} AXCE North Shove Drive M iiisi ■y'X* im iS'i- r . t liii: i i' 1 ‘j > •• » 4 14 ifassongale moved, Butler secouded, to grant preliminary approval of tiie division ami variance of Samuel Betts of 1945 Fagerness Point Road, pending a Registered Land Survey being submitted to the Village within six moiitns of todays date. In addition, the Council feels the variance is warrented due to two assessed units of water being applied to tne property, the unusual condition* of tne laud and the nature of tlie surrounding property. Motion, Ayes (4) - Nays (0). .lassengale moved, Butler seconded, to approve the division of lichael Ankeny, subject to combining Parcel B to Lots 5 fi 6 to the south. Motion, Ayes (4) - Nays (0). Butler moved, Massengale seconded, to apnrove tile variance of Joseph Lofrano, 5365 Crystal Bay Hoad, with tne condition that a Registered Land Survey be submitted to tne Village within six months of todays date; that a one-foot minimum exist between the garage and rear property line and that a four-foot side yard setback be maintained. The Council wiSiied to restipulate the points made by the Planning Commission in its September 18, 1972 Minutes, lotion. Ayes (4) - Nays (0). :lassengale moved, Welsh seconded, to deny tJie division and variance requested by Keitii Howell for North Arm Drive and Loma Linda Avenue, Motion, Ayes (4) - Nays (0). Ronald Potas had requested by letter that he be taken off the Council agenda for tonight and bo put on the agenda for April 9. 1973. Tne Council concurred. Butler moved, Welsh seconded, to approve the variance for James Ogland because a hardship was recognized in that this property is the only property which is developed on either side of it and the development of this property would conform to the development CO the souta. Motion, Ayes (4) - Nays (0). iiic proposed contract with the Village Eanincer for tae sign survey and replacement project liras referred to tae Village Attorney. DIVISION P, VARIANCE Betts DIVISION Ankeny VARIANCE Lofrano DIVISION a VARIANCE Howell VARIANCE Potas VARIANCE Ogland CONTRACT • ENGINEER Re: ¥ Dear S With t requir County durinc like 1 these While also 1 permi 1 pal it* approx In a I — No — 3pi — To thi no* To Also, must Final would a def signe surve Thank at ex or to Since David Entra Traff Kane i J VARIANCE a VARIANCE • ENHINLER •i - .r,-wmm¥. HENNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 56343 v^%| tO Mflft- 7190•* — 935-3381 February 28, 1983 Re: Hennepin County Entrance Permits and Right-of-Way Control Dear Sir/Madam: these activities. While our review is a legal requirement in the platting process, we would also like to be included on the checklists for property splits,.building permits, and other developmental activities. Moreover, we encourage munici palities to Include the entrance permit (or at least preliminary access approval) as a required document prior to final municipal approvals. — No”accesrwhen*^ade^^ alternate access (e.g., city street) is available. — Specifying safe, easily-maintained accesses. u -- To be included in site-plan reviev>;s of proposed land use changes through the permit process, whether or not the access will change (driveways are not automatically perpetuated.) — To require permits for any driveway closure or relocation. Also, a reminder that utility and entrance permits are not the same; they must be coordinated but one usually does not cover the other. Finally, your assistance in identifying road right-of-v/ay encroachments would be greatly appreciated. This monitering is particularly important when a definite hazard is possible (fences, signs, etc.) A phone call to the under signed is all that's required. We suggest that all field personnel (road crews, surveyors, police, etc.) be requested to watch for and note these encroachments. Thanks for your past cooperation and please feel free to call the undersigned at ext. 225 or Brad Larson at ext. 228 to arrange on-site or office meetings or to resolve any traf“fic/access questions or right-of-way encroachments. Sincerely, David KJ Zetterstrom Entrance Permit Coordinator Traffic Engineering DKZ:de HENNEPIN COUNTY an equal opportunity employer m111 r'';.'3I 24^ 1 0\.-c«1 1 p#. #734’flam i \ ■»-»-»•» mm* m m t»* ^ ^ hm n # #1 ^ ^ ^ •- <«r «M m / !..«. ^ • r r T • #fl* j*»» t. i»M 4 GORDON ncorrm CO. I % t*NO SO«VC«<»S • CN6MURS LONG L*«C , MINMCSOT* •af - te' ■ntu -Mmmm a_ mtmmuA M' • ' ->«k •i, — Q -___ ---------X \ m AjktJt tu»MM ■^•■af ™ 4X»T >^. «4«.- laK^s^ is=rz.- ■y / 1<iWi«4 - ^™~::’]h;1i:;H,•111r laMWT^.^ #725 ] »rl» = :!«'. * ({''82 ?&R mnui isV- ^•!» t ;itf ! ir' I - ♦ »% 4^«» «f «l O ^ K» M i O * v;t O e G» e • & S S S i ? s.^ [ I °^~ll I‘f *-1 « %lgzt ~:i I!? . ® ’ ' M:: s = * I n i i .--Sir-rr-j , Jj J» "> ? §I Ei: : s~ I ~W I s I i n V) M 5 7 ►1 8jj» nm i ! ? f 51 f ? -2 r r r2 = s g t ^ S I § 8 **• IM • ■ h If I* ? S S V? 8 3 ^ ^ s1:^ £ n 0 MNf gj t. r-^*‘ < os =<»: <?iJco